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Agenda - 05/13/1996o 0 e AG~A WOODBURN ~ COUNCIL MA Y 13, 1996 - 7.-00 P.M. 270 Montgomer// Street ~ ~ Woodbum, Oregon B. Planning Commission minutes of April 1t, 1996. C. Library Board minutes of April 24, 1996. D. Recreation and Park Board minutes of April 22, 1996. ANNOUNCEMENTS; A. B. Council minutes of April 15, 1996 workshop & April 22, 1996 regular meeting. Public hearing on proposed graffiti ordinance - May 20, 1996. Public Workshop on water conservation - May 21, 1996, 7:00 p.m. at Woodbum Public Library_ Mulfi-Pumose Room. PROCLAMATIONS C. Peace Officer Memorial Week, May 12 - 18, 1996. D. Public Works Week, May 20 -24, 1996. A. Chamber of Commerce B. Woodburn Downtown Association (meetin~ minutes) C. Other Committees A. Letter from Senior Estates Board of Directors concerning sewer rates. (Th~ allows public to introduce items for Council consideration not already scheduled on the agenda.) A. City of Woodbum Budget for Fiscal Year 1996-1997. A. Council Bill 1708 - Ordinance amending Ordinance 1957 (the Truck Route Ordinance) to clairfy certain administrative provisions. 3A 3C 4._9_9 6A 10A Page I - Council Agenda, May 13, 1996 11. 12. 13. 14. 1~. 16. 17. 18. 19. Bo Fe Council Bill 1709 - Resolution authorizing intergovernmental agreement with State for Safety Belt Enforcement and Three Flags grant. Council Bill 1710 - Resolution entering into a licensc agreement with Campbell DeLong Resources for use of Landlord Training Program material. Council Bill 1711 - Resolution directing installation of stop sign on Constitution Avenue at Boones Ferry Road. Council Bill 1712 - Resolution directing installation of stop sign Henry's Farm Boulevard at Boones Ferry Road. Council Bill 1713 - Resolution directing installation of stop sign on Robin Avenue at Woodland Avenue. G. OLCC new license application: El Nopal Restaurant. H. Request for reconsideration of Council recommendation to OLCC re: Raven Inn liquor license renewal. I. Acceptance of public utility easements. J. Award of bid for purchase of water pipe. K. Award of bid for Legion Park pavillion reconstruction. A. Claims for the month of April 1996. A. Wastewater service charge and related issues. B Banking services. C. Transit route modification. D. Proposed reduction in $10 non-school property tax cap. E. Memorandum Opinion 96-02 - Executive Session Guidelines. F. Draft of graffiti Ordinance. t3. Building Activity Report. ~..~.~.'~ To conduct deliberations with persons designated by the real property transactions, oRS 02.c,c,0(1)(e) 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) 10B lOC 10D IOF lOG lOIt lOI 10I IOK llA 15A 15~ 15C 1~5E 1~5F Page 2 - Council Agenda, May 13, 1996 3A COUNCIL WORKSHOP MEETING MINUTES April 15, 1996 TAPE READING 0001 DATE. COUNCIL CI~%MBER~v CITY WALL, CITY OF WOODBURN, COUNTY OF MARIONv HT~TE OF ORE~ONv ~PRIL 15~ 1996. 0003 ~ The Council met in a workshop session at 7:03 p.m.. The purpose of the workshop was to discuss wastewater rates for residential customers .... ~OLL C_ALL. Mayor Kirksey Present Councilor Chadwick Present Councilor Figley Present Councilor Hagenauer Present Councilor Jennings Present Councilor Pugh Present Councilor Sifuentez Present 0020 Staff Present: city Administrator Childs, Public Works Director Tiwari, Public Works Manager Rohman, Finance Director Gillespie, City Recorder Tennant Mayor Kirksey informed the audience that a staff report would be given on this issue. Following this report, the audience was invited to participate during the discussion 0042 ~FASTEWAT_R~__ R~SIDR_NT!_a/~_ RATES -- STAFF REPORT. Public Works Director Tiwari stated that the Wastewater Advisory Committee had met for approximately two years during which time they held 2 Open Houses. One of these Open Houses discussed the issue of wastewater rates and a division was made between residential, commercial, and industrial. The rates proposed by staff were flat rate, minimum + volume rate, and volume rate. The Committee found that at the level of 500 cubic feet, the monthly cost for a residential customer was almost the same for minimum + volume ($20.20) and volume only charge ($20.05). It was noted that the residential flat rate necessary to collect the same amount of revenue versus of volume charge was $27.38 per month. The Committee thoroughly reviewed the available options and recommended to the Council, based on a fair share concept, the implementation of a minimum + charge eo u t0m r . Ultimately, the Council adopted this concept which imposed a minimum charge of $20.20 for 500 cu. ft. of water usage plus $3.59 per 100 cu. ft. of water usage over the minimum. The rates were adopted in September 1995 with the first billing period under the new rates effective November 1995. He briefly explained the first-year billing process as it relates to charging customers each month for the months of November, December, January, and February on an actual use basis, then calculating an average Page 1 - Council Workshop Meeting Minutes, April 15, 1996 3A COUNC'rL ~ORKSHOP I~ET'rNG M~NUTES April 15, 1996 TAPE R___~DING which will be charged over the next 12 months so that residents will not have to pay based on actual water use during the summer months. The winter months are being used to calculate the average since it more accurately provides for the volume of water actually being put through the system. Recently, the City Council modified th~_.wastewater ordinance (~2157) changing the average calculation period to the 3 lowest months of the 4 listed above, and providing language relating to leak adjustments. Additionally, customers can elect to use an average of any other 3 consecutive months to replace higher winter months that they may have incurred. Adjustments will also be made in those cases where water to an unoccupied building has been shut off and locked. He reviewed the Task Force's method to determine the minimum rate and the amount to charge those customers who are not in residence in Woodburn during the winter months. He explained how adjustments for a high reading are accounted for in determining the average water use. In reviewing the monthly bills paid, approximately 50% of the single family residential customers paid between $20 and $21 per month, approximately 40% of the customers paid between $21 and $45 per month, with the remaining 10% paying over $45. It was noted that of the 4,025 customers, only 39 customers paid in excess of $80 per month. " Director Tiwari explored various options available that would still provide adequate funding of facility construction and operations. Those options include: 1) keep the fair share concept with no changes; .2) keep the fair share concept with a minor adjustment by either (a) placing a cap of $55 per month and raising the minimum charge by $.55, or (b) reduce the 100 cuft charge to $3.00 and increasing the monthly minimum charge by $1.15; or 3) adopt a flat rate or volume rate concept. In any event, dollars paid by one-half of the customers would have to increase under the options provided in order to receive approximately the same amount of dollars necessary to fund the wastewater facility. 1090 Preston Tack, 2197 camilla Way, questioned how much of the base rate in the current rate structure represents construction versus operations. Director Tiwari stated that approximately 50% will be used to pay for construction, environmental upgrades, and bond costs with the remaining balance to fund operations. It was also noted that systems development charges will be paying for the portion of construction costs involving plant expansion since facility will need to be built to accommodate the City's needs over the next 20 years. 1265 Ashish Mistry, 1025 N Pacific Hwy., questioned the monthly water usage of the 2,013 customers who pay the minimum monthly bill. Page 2 - Council Workshop Meeting Minutes, April 15, 1996 3A COUNCIL WOB_K~HOP MEETING MINUTE8 April 15, 1996 TAPE READING Director Tiwari stated that the breakdown of water usage by Customers receiving the minimum bill is as follows: approximately 22.73% of the customers use between 0-300 cuft; approximately 12.27% of the.customers use between 300-400 cu ft; and approximately 13% of the customers use between 400-500 cu ft per month. ~ ..... Mr. Mistry expressed his opinion that the volume charge for wastewater makes more sense under the "fair share" concept. As a motel owner, he felt that they are carrying an extra charge under the minimum plus volume charge since they are charged on a hotel/motel unit cost whether that unit is occupied or not. Director Tiwari briefly explained that "fair share" was developed as a concept to integrate boththe construction and operational costs. Mayor Kirksey suggested that consideration be given to place motel/hotel units on a commercial rate rather than the residential rate structure. 1835 Dement Brown, 3283 Nekia St, stated that he did not fully understand the reasons for the substantial increase in wastewater rates and he felt that the high cost for this service will be detrimental to larger families within the city. He suggested that the minimum rate should be increased to offset costs to larger families or to implement a flat rate concept. Martina Lopez, 767 Hall St., read a letter into the record (signed by 74 residents) requesting consideration of a flat rate system to more equitably distribute the costs for the new facility to all customers. She also questioned if refunds would be given if adjustments are made to a bill since, in her case, she did have two extra individuals living with her family for a portion of the time in which the average bill was calculated. Director Tiwari stated that'the average establishes a consistent rate for a 12-month period. Customers can request that the average be re-calculated based on 3 consecutive months during a different time period. Any adjustment is for future billing periods unless the Council decide to make it retroactive. 2194 Laurel Zurlinden, 259 Willow Ave., questioned if the most recent bill (received April 1996) is the average flat rate to be used for the next 12 months and Director Tiwari confirmed that the rate will now remain constant for a 12-month period. Ms. Zurlinden stated that she had canvassed the neighborhood in obtaining signatures on the petition and she heard many heart-breaking stories on the effect the new rates have been having on some of the families within the community. She Page 3 - Council Workshop Meeting Minutes, April 15, 1996 3A COUNCIL NORKSHOP MEETING MINUTE8 April 15, 1996 TAPE READING understands that the City is being forced by federal mandates to upgrade our current facility but feels that all should pay reasonable rates rather some families paying extremely high monthly rates. She also felt that a flat rate amount of approximately $27 would probably not have that great of an affect on most residential customers. ~ 2400 Thukor Mistry, 2450 Country Club Ct., questioned if the city really considered the financial impact the rate structure would have on residents and the business community when plans were being made to upgrade the wastewater facility.. Mayor Kirksey stated that the Wastewater Task Force started their project about 3 years ago during which time they reviewed numerous recommendations in order to accommodate federal mandates and growth. Even if the City experienced no growth, the City would still need to pay approximately $20 million on the upgrade, of the facility to meet federal mandates. Of the 4,025 customers, approximately 250 customers are paying over $50 per month. She reiterated that something could still be done to lower the bills to those individuals, however, the majority of the customers pay less than $50 per month for their sewer bill. She also advocated water conservation during the months in which the average is calculated in order to keep the monthly rate down. Director Tiwari reviewed a chart listing 10 comparable cities to determine.how the City's current rate, based on 1,000 cu ft, compares to the average of these 10 cities. It was noted that the average of the 10 cities was $36.70 per month while the City's rate is $39.03 per month. Tom Waggoner, 849 Woodland, stated that some cities also pay property taxes on general obligation bonds for wastewater facilities in addition to the monthly utility rates. In his opinion, the rate structure currently in place is fair to the customers. 2891 Rudy Castillo, 458 W. Cleveland, stated that his household uses an average of 1,000 cuft per month and feel~ that customers do have some control over how much water is used in their household. In those cases where the bills are extremely high, indications would be that there is something wrong such as a leak or faulty meter. .He also stated that the monthly bill in Silverton for wastewater is definitely higher than Woodburn and that he does have a family member who lives in Washington that also pays more for wastewater service. Tape 2 Preston Tack, speaking on behalf of the Senior Estates Public Relations Committee, stated that the financial impact of the rate increase is substantial and those.customers using less Page 4 - Council Workshop Meeting Minutes, April 15, 1996 3A COUNCIL WORKSHOP MEETINg MINUTES April 15, 1996 TAPE READING than the 500 cuft are in one way or another subsidizing other customers. He did state that residents of Senior Estates are supportive of the community, however, they do want to keep the "fair share" concept in tact. As a reminder, all other utilities are paid on an actual use basis, therefore, rates for wastewater service should-be treated the same. He also suggested that the City go back and develop costs in more detail and place those costs on charts which are easier for the general public to understand. He also requested that if the Council considers a change to the ordinance, that the Council wait two months between the readings of the ordinance in order to give his committee an opportunity to solicit comments from homeowners within Senior Estates on the proposed change. 0185 Barbara Lucas requested an explanation of the volume rate charge since, under the chart comparing alternative rates, the volume rate to one-half of the customers is less than the minimum plus volume rate structure. Councilor Jennings briefly summarized the Task Force's rationale in determining which alternative should be forwarded to the Council for consideration. 0291 0381 0456 0560 Councilor Pugh reviewed options that had been brought up during this workshop and he expressed his concern in keeping Woodburn as a competitive community for growth. At this point in time, he is leaning toward a flat rate charge or going back to the drawing board to find a rate structure that would lessen the impact on families. Councilor Figley stated that, in her opinion, the main concept is good but it may need fine tuning. She does support a cap on the dollar amount rather than adjusting rates based on family size. Councilor Jennings felt that the basic rate structure should not be changed, however, he was willing to look at establishing a cap on the monthly charge. Councilor Hagenauer felt that the current rate charge was fair and that high bills paid by customers may be an indicator that there is a problem with a water leak or the meter. Councilor Sifuentez agreed with the ,,fair-share" concept but realizes that there are many customers that are working minimum wage jobs or are iow income families. She would like a. win-win situation in which any adjustments would have a minimal effect on the customers and total revenue collected to pay for construction and operational costs. She suggested that we continue to get information out to the public on the Page 5 - Council Workshop Meeting Minutes, April 15, 1996 TAPE READING 0645 0674 1900 COUNCIL NORK~HOP MEETING MINUTE8 April 15, 1996 3A sewer rates and do whatever we can, such as putting them on a monthly payment plan, to assist families who cannot pay so that their water is not turned off. Councilor Chadwick stated that most of the individuals that she has spoken with are satisfied with-the current rate structure and she feels that a single person who is on a fixed income should not subsidize families who use substantially more water. Mayor Kirksey felt that it is difficult to assess if an increase should be assessed to low users of water in order to cap the cost for high water users. She is concerned about the lack of water conservation in those cases where a cap on costs is imposed. She briefly mentioned that other utility services, such as PGE, charge higher rates as you use more electricity since they are actively trying to get customers to conserve electricity. She does feel that the Council should consider giving customers a retroactive credit in those cases where the customer has significantly reduced their bill over a 3 consecutive month period. Councilor Jennings questioned the difference between the hotel/motel unit residential rate structure versus commercial rates. Director Tiwari stated that hotel/motels would probably pay more under the commercial rate. Historically, the City has always treated hotel/motels and apartments under the residential rate structure. A lengthy discussion continued on what action, if any, the Council should direct staff to pursue along with different options that should be considered such as a rate structure tailored based on family size, minor adjustments to the existing rate structure which would lower the cost to high water users, and retroactive adjustments. Mayor Kirksey suggested that consideration be given to a 2- month average versus a 3-month average in those cases where customers have over a $50 wastewater bill along with a potential retroactive adjustment. It was noted that the more months used to calculate the average is a fairer representation of actual water used for billing purposes. Barbara Lucas questioned if the Council has considered how additional revenue will be generated if they reduce the calculation period of the average bill. Further discussion was held regarding methods which could be used to determine average such as using the 3 lowest out of 5 consecutive months. Page 6 - Council Workshop Meeting Minutes, April 15, 1996 3A TAPE READING 2547 2726 COUNCIL WORKSHOP NEETING MINUTES April 15, 1996 A suggestion was also made to put the issue of deciding the appropriate rate structure before the voters. Director Tiwari stated that the bills will continue to include inserts on the sewer rates and water conservation. It was a consensus of the Council that-retroactive adjustments should possibly be allowed. Mayor Kirksey solicited opinions from the Councilors regarding their current position on the rates. Councilors Jennings, Figley, Hagenauer, and Chadwick stated that they would prefer to keep the minimum rate at $20.20. Councilor Sifuentez and Mayor Kirksey were willing to slightly raise the minimum in order to offer some relief to those households having a higher water consumption. Councilor Pugh requested that the Council receive some input back from Senior Estates before any decision is made since he would still like to pursue a family size concept which still needs to be developed. Mayor Kirksey qualified her response in that she was willing to increase her own monthly bill, however, she was reluctant to increase the minimum bill for other residents who use less than the minimum allowable water consumption. Mayor urged staff and volunteers to put together a conservation workshop to educate consumers on wastewater rates and water conservation. The workshop could be televised on the community access channel and communicated in English, Spanish, and Russian. Director Tiwari briefly summarized the direction given to staff which is to advertise that lowering of any 3 consecutive month average could lower their bills, even after a winter average has been established, and a plan for making retroactive adjustments be investigated and it be brought back to the Council with other modifications approved previously. 2761 ADJOURNMENT. The meeting adjourned at 9:48 p.m.. APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 7 - Council Workshop Meeting Minutes, April 15, 1996 TAPE READ I NG 0001 0003 0010 COUNCIL MEETING MINUTES April 22, 1996 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 22, 1996. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kirksey presiding. ROLL CALL. Mayor Kirksey Present Councilor Chadwick Present Councilor Figley Present Councilor Hagenauer Present Councilor Jennings Present Councilor Pugh Present Councilor Sifuentez Present (7:23 pm) Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Police Chief Wright, Community Development Director Goeckritz, Park & Recreation Director Holly, Library Director Sprauer, Public Works Manager Rohman, City Recorder Tennant 3A 0020 0045 OO55 Administrator Childs requested that the following items be added to the agenda: Item 10(C) - Modification to Cinco de Mayo Street Closures, and Item 15(C) - Community Policing Action Plan. JENNINGS/FIGLEY... additions to the agenda be approved. The motion passed unanimously. MINUTES. JENNINGS/FIGLEY... approve the Council regular and executive session minutes of April 8, 1996; and accept the Planning Commission minutes of March 28, 1996.- The motion passed unanimously. ANNOUNCEMENTS. Mayor Kirksey informed the Council that Councilor Sifuentez would be about a half-hour late due to a prior commitment. National Day of Prayer is scheduled for May 2, 1996. A prayer service will be held on the steps of City Hall between 12:20 pm and 12:40 pm. A public hearing on the 1996-97 City Budget will be held on May 13, 1996 at 7:00 p.m.. Page 1 - Council Meeting Minutes, April 22, 1996 TAPE .READING 0101 0156 0181 COUNCIL MEETING MINUTES April 22, 1996' 3A The City Council will hold a special Council meeting on Monday, May 20th, 7:00 p.m., since the regular May 27th meeting falls on the Memorial Day holiday. Cinco de Mayo Days will be celebrated in the downtown area on May 3-5, 1996, and local resi~_ents are_~ncouraged to attend this annual event. PRESENTATION -- LIBRARY EMPLOYEE OF THE YEAR AWARD. Library Director Sprauer stated that Nicolette Wonacott had been selected as this year's "Library Employee of the Year". She stated that Ms. Wonacott originally started with the City in 1990 and is now serving as Circulation Librarian. Ms. Wonacott was unable to attend this meeting to receive her award. Her name will be added to the placque recognizing those employees who have received this award over the last several years. CHAMBER OF COMMERCE REPORT. Joanne Beck, Chamber representative, stated that the Tulip Festival concluded on April 21st and early reports indicate that it was a success. She also reminded the public that April 25th is "Take your Daughter to Work" day and she encouraged parents to participate in this program as a means of promoting business. JENNINGS/FIGLEY .... suspend the rules to allow the reading of the letter from the Hermanson Addition Neighborhood Watch group and allow discussion on the subject addressed in the letter. The motion passed unanimously. Councilor Jennings read the letter expressing their concerns over two problem houses on Marshall Street. The letter briefly summarized the problems/activities during the last year at one of the two homes (444 Marshall). They urged the Council to take action in addressing issues of land use, sub- standard housing, and drug house evictions for the purpose of enacting a criminal or civil law that would facilitate the changing of the current occupancy of the homes. Councilor Jennings expressed his frustration with this situation since our current civil infraction ordinance provides for a lien on the property rather than an opportunity tO evict residents or place individuals in jail for a criminal act relating to civil violations. He stated that he and Mayor Kirksey will be meeting with staff tomorrow to further review our options and he promised the neighborhood group that some action would be taken and he would keep them inform of what comes out of the meeting. Page 2 - Council Meeting Minutes, April 22, 1996 3A COUNCIL MEETING MINUTES April 22, 1996 TAPE READING Mayor Kirksey also expressed her frustration on this unacceptable situation and feels that something can be done to correct this situation. 0380 Barbara Cannon, 501 Marshall, stated that she would trust the Council to take whatever steps they can to help their neighborhood. David Paul, 427 Marshall, stated that ~e resident has had no water service for several weeks therefore making it a potential health hazard at this residence. He urged the Council to take some action before the home deteriorates even further. He also mentioned that a neighbor had seen some rats at the residence. Walt Howell, 471 Marshall, stated that his summer painting crew had worked at this house a few years ago and, at that time, he had to make some minor repairs to the roof. The roof was in very poor condition then and has not had any work done to it since that time. Additionally, wooden pallets are now being torn apart and used for firewood. He questioned the safety of the home and suggested that the City investigate the home to see if it would be considered as a dangerous building. JoAnne Bjelland, 888 Wilson, suggested that the Council look at the Chronic Nuisance Property Ordinance to evaluate the 60- day provision and make any modifications to the ordinance that would allow action to be taken when necessary. Mayor Kirksey stated that they will be discussing these issues with staff tomorrow so that the Council can move on this situation very quickly. 0582 Councilor Pugh commended the Neighborhood Watch Group for pursuing this problem to the level for which they are now at and he encouraged other Neighborhood Watch Groups to be active since this provides the Police Department with additional support. 0617 Mayor Kirksey stated staff has been given some directions relating to Transient Businesses and, hopefully~ be able to present something to the Council at the next meeting. 0668 Councilor Pugh suggested that the sewer rate issue be placed as an action item on the next Council meeting agenda. He placed into the record a letter from Dement Brown, 3283 Nekia St., on this issue. The Mayor delayed any further discussion on sewer rates until the Mayor & Council reports portion of this agenda. 0700 Deanna Jolly, owner of the Artic Circle, stated that the owner of the taco wagon had an agreement with Domino's regarding use of their facility for water, refrigeration, etc.. The Domino's franchisee has recently left and there is no longer an agreement for the services, therefore, the owner of the Page 3 - Council Meeting Minutes, April 22, 1996 TAPE READING 0740 1000 1126 COUNCIL MEETING MINUTES April 22, 1996 3A taco wagon is now bringing in fresh water to their mobile business. Mayor Kirksey stated that she would contact the County Health Department on Tuesday morning to investigate this situation. CONTINUATION OF PUBLIC ~F2%RIN~ -- WOODB.URN TRANSPORTATION SYSTEM PLAN. Mayor Kirksey continued the public hearing at 7:28 p.m.. Public Works Manager Rohman reviewed the recommended change in paragraph 9.2.3, page 89,'in which the language would now read ,'...improvement (including but not limited to the following: improve existing interchange..."). Director Goeckritz read a letter into the record from Capital Development withdrawing their objections to the wording in the document based on the modification proposed by staff. Councilor Jennings stated that he had received a call from Mr. Donaldson of Capital Development who stated that his company is removing their objections to the draft plan and give their full support for approval. Director Goeckritz also read a letter into the record from an attorney firm (Stoll & Reeve, Attorneys) representing the Factory Outlet developers on the west side of I-5 who had been given site plan approval in 1992 with the condition that the development could not begin until after the Transportation Plan had been approved. The developers of this property requested that the ordinance findings include a statement that the condition of approval imposed upon the Woodburn Factory Store site is satisfied by the Plan. Director Goeckritz stated that the Land Conservation Dept. has not yet responded back to the staff regarding the language modification, but, given the 20 day time period from in which they have an opportunity to respond, the staff strongly feels that they do not object to the modified language. Keith Woolen, 259 W. Clackamas Cl., stated that an east/west by-pass is necessary to divert traffic flow from Highway ~14 and Hayes Street. His by-pass proposal has been endorsed from other local agencies, businesses, and the Senior Estates Golf & Country Club Board of Directors. In his opinion, this by- pass should be completed by the time Capital Development starts their development project. Since there were no other comments from the audience, Mayor Kirksey declared the public hearing closed at 7:40 p.m.. JENNINGS/PUGH .... Transportation Plan be adopted as amended and the staff be instructed to draft an ordinance for consideration at the next meeting. The motion passed unanimously. Page 4 Council Meeting Minutes, April 22, 1996 COUNCIL MEETING MINUTES April 22, 1996 TAPE READING Councilor Jennings thanked the Task Force for their work on this project and he suggested that Certificates be presented to the members recognizing them for their hard work. Mayor Kirksey also thanked Mr. Woolen for attending this meeting so that his testimony could be included in the record. She also mentioned that the by-pass concept is included in the Transportation Plan. 1220 COUNCIL BILL 1706 - ORDINANCE AMENDING THE TEXT OF THE 3A WOODBURN 2000 COMPRE~RNSIVE PLAN TO INCLUDE UPDATED FIGURES, 1266 CF~RTS, STATISTICS, AND NARRATIVE RELATED TO POPULATION GROWTH, ECONOMY, AND LAND USE INVENTORIES. Council Bill 1706 was introduced by Councilor Hagenauer. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1706 duly passed with the emergency clause. COUNCIL BILL 1707 - RESOLUTION DESIGNATING THE COMMUNITY DEVELOP~.NT DIRECTOR AS ENVIRONMENTAL CERTIFYING OFFICER FOR THE PURPOSE OF ADMINISTERING T~E HOUSING REHABILITATION GRANT 1298 1368 PROGRAM. Council Bill 1707 was introduced by Councilor Hagenauer. The bill was read 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 1707 duly passed. MODIFICATION OF CINCO DE MAYO TIME REQUEST. Organizers of the Cinco de Mayo celebration have requested that the downtown parking lot closure for Friday, May 3rd, begin at 3:00 pm rather than 6:00 pm as originally granted by the Council. Chief Wright stated that the local businesses have been contacted and there is no objection from the businesses for the-early closure. JENNINGS/FIGLEY .... approve the request to close the downtown parking lot at 3:00 pm on May 3rd. The motion passed unanimously. SITE ACTION PLANS. (A) Site Plan Review #95-27 -- United Disposal Service expansion (2215 N. Front St.). The Planning Commission approved the site plan for a 4,800 sq ft shop and 85,000 sq ft storage yard expansion. No action was taken by the Council regarding this site plan. (B) Site Plan Review Expansion -- Bi-Mart/Shop-N-Kart Complex (1542 Mt. Hood Ave.). The Planning Commission approved the site plan review request for the construction of an Page 5 Council Meeting Minutes, April 22, 1996 TAPE READING 1390 1689 2056 COUNCIL MEETING MINUTES 'April 22, 1996 approximate 11,590 sq ft building for commercial uses. action was taken by the Council. No STAFF REPORTS. (A) Liquor License Criteria -- In the memo from the Chief, he provided information on "party status"_which is a legal status provided through judicial review and, ff granted, the City can represent themselves at OLCC hearings. It was also noted that the sample ordinance from the City of Independence is not criminal in nature, therefore, violation of the ordinance only gives the police authority to issue a citation. Attorney Shields reviewed the "party status" in which the City Attorney appears at an OLCC hearing to present testimony and cross-examine witnesses affording the City the same opportunity as the business establishment in presenting their case. It was noted that the Attorney General's office no longer sends an attorney to these hearings. Councilor Jennings spoke in favor of this type of action on a case by case basis. Staff agreed that party status should be carefully evaluated and, if applicable, will be made part of the final recommendation on a liquor license enforcement policy. (B) Facilities Task Force Recommendation The Mayor stated that a workshop will be held to review the recommendations on short and long term facility needs. (C) Community Policing Action Plan Chief Wright stated that the City has been working with community policing for approximately 8 years and the action plan formalizes Community Policing in identifying objectives, goals, and strategies. It also provides a means for the Council to hold the Police Department accountable to the Council's and community needs. He reminded the Council that the City did receive federal funding for 3 police officers to implement a community policing program, however, all officers will continue to participate in community policing. Officers currently assigned to specific areas are 1) Officer Weaver - Senior population, 2) officer Torres - Hispanic population, and 3) Officer Hogan - Multifamily housing. CITY ADMINISTRATOR'S REPORT. Administrator Childs reminded the Mayor and Councilor Jennings that-staff would be meeting with them tomorrow, April 23rd, 1:00 p.m., at City Hall to discuss the issues brought up before the Council by the Hermanson Addition Neighborhood Watch group. 3A Page 6 - Council Meeting Minutes, April 22, 1996 TAPE READING .2106 2520 COUNCIL MEETING MINUTES April 22, 1996 3A The public was also reminded of the Gang Forum scheduled for Wednesday, April 24th, 7:00 p.m., at the French Prairie Middle School. MAYOR AND COUNCIL REPORTS. Sewer Rate Issue --- Councilor Pugh distributed sewer rate schedules prepared by Preston Tack and himself that would establish a sewer charge to customers based on family size. It was noted that the figures used in the charts would need to be adjusted to meet the estimated financial obligations for the construction and operation of the new wastewater facility. For example, his proposal provided for a minimum charge of $13.50 with 300 cu ft allowed with an additional charge of $3.59 per 100 cuft over 300 cu ft. As the family size increases, the minimum charge and allowable cuft also increase with the rate per 100 cu ft remaining the same. In the schedule proposed by Preston Tack, a flat rate is charged per household based on the number of residents age 12 and over with the minimum rate set at $15.00 per month and the maximum rate of $77.50 per month. Councilor Pugh also read a letter from Dement and Marie Brown, 3283 Nekia St., who are in support of a flat rate amount of approximately $27 per month rather than the minimum rate plus volume charge currently in place. The Brown's expressed their concern over the high bills being paid by other customers with large families and, even though they are retired, stated that they would be willing to pay a higher flat rate. Councilor Pugh expressed his desire to see this issue before the Council at their next meeting. Councilor Jennings stated that he did not want to make a decision until he knew that the total dollars collected under either one of these proposals would be sufficient to cover the proposed costs for construction and operations. councilor Pugh reiterated that the rate structure proposed are not accurate but feels that staff would be able to provide that information by the next meeting. Councilor P~gley than~e~ her con~tituent~ and the Councilors for their patience while she worked on a special project at her job for a couple of months and was unable to attend a few of the Council meetings. Councilor Sifuentez stated that she had toured the homes in the Tukwila project this weekend and was impressed with the positive points about Woodburn which were brought out by the tour guide who now lives in Woodburn but had previously lived in the Portland area. Page 7 - Council Meeting Minutes, April 22, 1996 3A COUNCIL MEETING MIZqUTES April 22, 1996 TAPE READ I NG 2689 Mayor Kirksey read a letter from Dorothy Senatra expressing her hope that the Council does not change the sewer rates or the minimum plus volume concept. Increasing the minimum rate in order to decrease costs incurred by high water volume users does have an impact on the senior population who are on fixed incomes especially when the ode or two_member household generally uses less water than the minimum allowable. The Mayor suggested that a one-hour workshop be scheduled to meet with staff to obtain preliminary information on the modifications, if any, to the rate structure. Public Works Director stated that the overall funding methodology is fairly complex and was developed by consultants in order to give DEQ a statistically sound formula for collecting revenues to meet construction and operational needs. The flat rate system gives predictable income from the customers whereas using a system based on family size is very unpredictable since there is no data available that we can use to determine how many individuals live in a household or the ages of those individuals. Tape 2 Councilor Jennings questioned the authority DEQ has in establishing rates for our customers. Director Tiwari stated that DEQ does not set specific rates, however, they must give final approval to the project of which the funding issue is one criteria within the plan. This topic generated a lengthy discussion between the Councilors since some members were concerned with increasing the minimum rate to those customers who use under the minimum allowable usage now in order to reduce bills incurred by customers who have high water usage. The "fair share" concept was discussed since this was a recommended goal of the Wastewater Task Force and was subsequently put into the wastewater ordinance last fall. A suggestion was made to keep the rate structure as it currently is but give low-income large families some type of financial relief. o5o0 Director Tiwari reiterated that a major revision to the rate structure will require computer modeling which, in turn, requires our ability to predict past, present, and future. At this time, we are unable to predict the size of a household or the amount of water consumed by a household of specific size since customers of one family size may use substantially more water than a household of similar size. Whereas, the City does have water meters at each residence and total water flow is known in order to determine a minimum plus flow charge or a flow only charge. Councilor Jennings requested that staff provide the Council with the cost for generating a computer model and the cost involved to determine the number of persons in a household. Page 8 - Council Meeting Minutes, April 22, 1996 TAPE READ I NG .0697 0718 0722 COUNCIL MEETING MINUTES April 22, 1996 3A EXECUTIVE SESSION. JENNINGS/PUGH .... adjourn to executive session to conduct deliberations with persons designated by the governing body to negotiate real property transactions under the authority of ORS 192.660(1) (e). The motion passed unanimously. The meeting adjourned to executive session at 8:55 p.m. and reconvened at 9:56 p.m.. Mayor Kirksey stated that no action was being taken by the Council as a result of the executive session. ADJOIIRNMENT. JENNINGS/PUGH .... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:57 p.m.. APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant City Recorder Page 9 - Council Meeting Minutes, April 22, 1996 Executive Session COUNCIL MEETING MINUTES April 22, 1996 3A DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 22, t996. CONVENED. The Council met in executive session at 9:02 p.m. with Mayor Kirksey presiding. ROLL CALL. Mayor Kirksey Present Councilor Chadwick Present Councilor Figley Present Councilor Hagenauer Present Councilor Jennings Present Councilor Pugh Present Councilor Sifuentez Present Mayor Kirksey reminded the Councilors, staff, and press that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, City Recorder Tennant Press: Shelby Case, Woodburn Independent The Council met in 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. Administrator Childs provided the Council .with an update on specific real property negotiations. ADJOURNMENT. The executive session adjourned at approximately 9:55 p.m.. ATTEST Mary Tennant, Recorder City of Woodburn, Oregon APPROVED NANCY A. KIRK~EY, MAYOR Page I - Executive Session, Council Meeting Minutes, April 22, 1996 3B MINUTES WOODBURN PLANNING COMMISSION APRIL 11, 1996 1) 2) 3) 4) 5) ROLL CALL: Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Mrs. Bjelland Present Mr. Atkinson Present Mrs. Warzynski ~_ Present Mrs. Henkes Present Mrs. Schultz Present Mr. Will Absent Mr. Frawley Present Mr. Lawson Present Mr. Palmer Present Staff Present: Steve Jason MINUTES: Goeckritz, Community Development Director Tuck, Planning Tech The Planning Commission minutes of March 28, 1996 were accepted as printed. BUSINESS FROM THE AUDIENCE: None COMMUNICATIONS: None PUBLIC HEARINGS: Aw Site Plan Review 95-27 United Disposal, North Front Street. Shop/Yard Expansion Applicant: North Santiam Paving Co. Staff read the statement necessary to open the public hearing. Staff read the Approval Criteria, the Right to Have the Record Remain Open, the Raise it or Waive it Rule end the Right to a Continuance of the Hearing. PCM~PCM2-28.96 SG:bw Staff stated the applicant wished to expand the shop/yard area of their facility. It is zoned Light Industrial. The access into the site and all parking areas would be paved. Staff discussed the landscaping. Staff recommended approval with all the conditions listed in the staff report. Commissioner Schultz asked if the open boxes were heavy enough that they would not blow around in the wind. Staff answered the boxes were made of metal. Staff clarified the boxes were not being required to be placed on asphalt as they are high enough to be off the ground. When placed on asphalt they tend to chew the asphalt up. Commissioner Frawley asked if the boxes would be empty, have recycleables, or garbage in them? Staff stated the applicant would have to answer this question. Commissioner Warzynski asked if this was a new driveway into the facility? Staff answered no, the existing driveway is gravel and will have to be improved. There will be a new access to the north. Chairperson Bjelland asked about page 2, driveway standards. "... entrance and exits having a mix of car and truck traffic of 28 feet...' the applicant's narrative states not to exceed 26 feet. Staff answered there might have been a misunderstanding. The applicant's driveway would be 24 feet. The applicant, Dave Tust, 515 Jana Ave., Operations Manager at United Disposal Service. He stated they wished to expand the facility and the parking area. They have grown in the recycle area over 50% since they opened the facility six years ago. They have Increased the number of vehicles by 20, thirty semi-trailers, and 10 recycling vehicles. They have also hired 25 new employees. The expansion will area will be for storage of new boxes, and semi-trucks will wait in this area to be loaded and not impede traffic along Front Street. The new access will help improve the traffic flow pattern around the facility. A wash bay will be built along the south side of the building. It will have a water reclamation system. He stated the boxes would be clean no garbage is kept in these boxes. 3B PCM~PCM2-28~96 SG:bw 2 Commissioner Schultz asked for clarification, in the new truck parking area would a new fuel island be added so there are two or is the existing one going to be eliminated? Mr. Tust stated the existing one would be eliminated and the tank removed. Chairperson Bjelland asked if there was anyone in the audience who wished to speak for this proposal. There were none. She asked if there was anyone in the audience who wished to speak against this proposal. There were none. She closed the public hearing. -.. __ Chairperson Bjelland stated she had toured the facility and she was amazed at how clean and organized it was. Commissioner Lawson made the motion to approve SPR 95-27 with conditions listed in the staff report. Commissioner Schultz seconded the motion. A vote was taken and the motion passed. Site Plan Review 96-03 Woodburn Lease Building Applicant: K.B. Boutwell for Metro Homes Staff read the statement necessary to open the public hearing. Staff read the Approval Criteria, the Raise it or Waive it Rule, the Right to Have the Record Remain Open and the Right to a Continuance of the Hearing. Staff stated the applicant wished to build an 11,590 sq. ft. building located in the Bi-Mart/Shop-N-Kart center on Mt. Hood Ave. The use of this building is commercial, a video store and a'fast food take out are the current proposed usages. Staff recommends approval with the conditions listed in the staff report. Commissioner Warzynski asked staff where there would be room for any landscaping. She stated Shop-N-Kart does not sit that far back from Mt. Hood Ave. Staff stated there is a landscape strip located along Mt. Hood Avenue and along the access road and there is interior parking lot landscaping. B PCN~PCM2-28.96 SG:bw 3 Commissioner Atkinson asked what type of video store it was? Staff answered there is ordinance control for any adult entertainment type place and there is only certain areas they would be allowed. This is not one of those areas. If a video store has a section of adult videos, we have no control over this. Commissioner Lawson declared he was abstaining from any discussion or voting on this proposal due to conflict of interest. Staff stated the exterior of the structur~ would be si~milar to the exterior of Bi- Mart and Shop-N-Kart. The applicant, David Crockett, 2720 SE Lakewood Dr., Milwauke, a supervisor for Metro Homes, representing K.B. Boutwell. He stated the building would be attached to the north wall of the existing Shop-N-Kart. One of the tenants will be a Moyer's video store. The other tenant will be a Take & Bake Pizza. The other two areas for lease are vacant at this time. The building will match the Shop-N-Kart exterior. There will be no new accesses to Mt. Hood. The existing access will be used. The landscaping will match the existing. Commissioner Schultz asked if there would be access from Shop-N-Kart into the new attached building? Mr. Crockett answered no. He stated that walls would be joined but no access would be allowed. Chairperson Bjelland asked if there was anyone who wished to speak for this proposal. There were none. She then asked if there was anyone who wished to speak against this proposal; There were none. She closed the public hearing. Commissioner Palmer made the motion to approve SPR 96-03 with the conditions listed in the staff report. Commissioner Frawley seconded the motion; A vote was taken, Commissioner Lawson was an abstention. The motion passed. 3B PCIV~PCM2-28.96 SG:bw 6) 7) 8! 9) DISCUSSION: Staff went over the memo regarding the identification badges. He stated this would happen after July 1, 1996 when the equipment can be purchased. REPORTS: A. Building Activity for March 1996. B. Code Enforcement Activity for March 1996 BUSINESS FROM THE COMMISSION: Chairperson Bjelland stated she has concerns regarding the temporary signs like the ones at McDonald's on Hwy 99E. Staff stated they are being checked into. Chairperson Bjelland had some concerns regarding two homes located on Marshall street. She stated these homes have debris around them. She felt this might be a health hazard. Staff stated these individuals have been cited into cour~ and they do not show up. Staff is going to bring it up to City Council for these people to have a lien pu~ against their property if they do not pay these fines and clean up the areas. There was further discussion regarding the ordinances which the Code Enforcement Division is trying to enforce. Commissioner Warzynski stated, she had complaints regarding the mobile taco restaurants located around town. Staff stated the Council has formed a special comm~ee to look in to these transient businesses. Commissioner Schultz stated she would not be attending the April 25, 1996 meeting. ADJOURNMENT: Commissioner Palmer made the motion to adjourn the Planning Commission meeting. Commission Schultz seconded. A vote taken. Meeting adjourned. PCM~PCM2-28.96 SG:bw 5 3B 3C MINUTES MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD DATE: ROLL CALL: STAFF PRESENT: GUESTS: CALL TO ORDER: SECRETARY'S REPORT: DIRECTOR'S REPORT: April 24, 1996 Willy Baldwin Absent Gloria Predeek Phyllis Bauer - Present Jean Weatherill Dorothy Jaeger Pres_ent - Present - Present Linda Sprauer, Director None President Gloria Predeek called the meeting to order at 12:05 PM. The monthly Board minutes of March 20, 1996 were approved as submitted. Monthly Statistics: The monthly statistics were self-explanatory. Sunday, April 28, will be the last open Sunday until the next fiscal year, when the library will be open on Sundays September through May. Activities: On April 30, the last "Fascinating History" Chautauqua program will be "Rosie the Riveter", a lecture by Joanne Mulcahy of the Northwest Writing Institute. Dudng National Library Week of April 15th through the 20th, Storytime to Music by Kristie Balbert was scheduled for Wednesday, April 17 and Book Bingo for Thursday, April 18. The Library had a "Food For Fines Drive" which reduced fines by $1.00 for each food item brought in. A new IBM compatible computer purchased by the Friends of the Library is now available for adult use. 'This is a replacement for an older computer they purchased previously for the library. On Friday, May 3 at 9:45 AM, a storytime will be presented by Will Hornyak for Cinco de Mayo. The Library will be closed Saturday and Monday, May 25 and 27, for the Memorial Day Holiday. Staff: Nicolette Wonacott, Circulation Librarian, was chosen Employee of the Year for 1996. Maureen Smith, previous Youth Services Librarian, left April 8th for her new library position in Leesburg, Virginia which enables her to be closer to her family. The 3C Youth Services Librarian position has been advertised and closes Friday, May 3rd. Sharon Schmidt was hired for the Page position vacated by Kathy Hayes. OLD BUSINESS: Heating System Project: Both fans have been installed and are now running properly. The system still needs to be balanced. Donation from the Kiwanis - Reader Board: The cost of the reader board is more than the $1,000 donation. The Board requested that Linda ask Chris Childs, Ci{y Administrator, to budget funds from the Library Endowment Fund for the next fiscal year to be used with the Kiwanis donation to purchase a reader board. NEW BUSINESS: 1996/97 Budget Proposal: The City will have the final Public Hearing concerning the 1996/97 Budget at their regular meeting Monday evening, May 13. Appreciations: Phyllis Bauer complimented Linda on her leadership in forward planning for future needs of the Library. Linda thanked her for this appreciation, and feels she has accomplished this with the help of CCRLS, the staff, and years of experience. Linda has just reached her 24th year of employment at the Library. Linda thanked Jean Weatherill as a representative of the Library Board for serving on the City Administrator's Facility Task Force. Copies of the Task Force recommendations to the City were given to the Board. Gloria read a letter from Anne Mansfield to the Library Board in response to the letter of appreciation she received from the Board concerning the memorial book donation. THE AUDUBON SOCIETY ENCYCLOPEDIA OF NORTH AMERICAN BIRDS was purchased with funds from the Woodbum Oregon Literary Group in memory of her mother, Viola Blackenburg. BUSINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: Linda distributed a copy of a memo from Chris Childs, City Administrator, concerning possible joint workshops with City Boards/ Commissions and the City Council. No date has been set. ADJOURNMENT: The meeting was adjourned at 12:56 PM. Library Board Minutes - 4/24/96 2 3C Respectfully Submitted, Judy Coreson Recording Secretary Library Board Minutes - 4/24~96 3 3D WOODBURN RECREATION AND PARKS BOARD REGULAR MEETING APRIL 22, 1996 CALL TO ORDER The meeting was called to order at 5:40pm by Chairman Frank Anderson. ROLL CALL Members Present: Frank Anderson, Lee Ehre_n_s, Barbara Rappleyea, Art Montgomery, Gilbert Baltm,:~r Absent: Dave Ott, (e) Mari Wodey - Staff: Nevin Holly, Director MINUTES: The March 4, 1996 Recreation and Parks Board Minutes were unanimously approved. APPROVAL OF AGENDA The Agenda for the April 22, 1996 Meeting was unanimously approved with the sole item of business being the review of the Parks Capital Improvement Plan. DISCUSSION Director Holly presented a list of proposed capital improvements with their estimated cost amounts. The Board had previously reviewed Centennial Park and Settlemier Park. The Board reviewed Nelson Park and noted the Park needed additional trees planted around the perimeter. The Board also agreed with the assessment that an irrigation system is the major capital need of this Park. Additional discussion included the need for s'~ng benches and a drinking fountain. The Hermanson Park I also known as 'Spider Park' needs an underground irrigation system, a new play area and a half court basketball court. Hermanson III identified a half court basketball court and a pond walking area as the primary needs. The entire Hermanson Park area has a proposed greenbelt walking/jogging path designated and the Board agreed with this concept. Woodbum Memorial Aquatic Center was discussed with the only substantial Capital Project being the construction of a new parking lot. Senior Estates Park was discussed. The Board agreed that this park should have few changes other than an improved tiled drainage system. Director Holly pointed out that the drainage system for this park has been needed for a long time and that he had received a complaint from a Senior Estates resident this morning about the City's inability to mow the grass due to the ground being to saturated at Senior Estates. Burlingham Park was discussed. The Board agreed that the Number I priority be the installation of an underground irrigation system. The possibility of a recreation room was also discussed and the Board agreed that a recreation room for this section. of the community would benefit the area. Board Member Rappleyea also expressed that the City Fadlity Committee had discussed this construction as well. Additional review took place regarding Front Street Park and Nelson Park. Both of these Parks need underground irrigation systems and new playground apparatus. Discussion of Nelson Park included the possibility of constructing a ballfield. Construction projects at Legion Park were again discussed. The Board felt that major stadium rehabilitation should be a combined School District/City Project. Other improvements noted at Legion were new play apparatus, underground irrigation systems, sand volleyball courts and a basketball court. The Board talked about the possibility of a new Community'Center. Everyone seemed excited about this. Chairman Anderson asked Director Holly to prepare a rating list for the next meeting to rate the proposed project. ADJOURNMENT Meeting Adjourned at 6:40pm. ' STOP POURING MONEY DOWN TIIE DRA TIIEN COME TO A PUT IT BACK INTO YOUR POCKET WATER CONSERVATION WORKSHOP MAY 21, 1996 7:00 P.M. WOODBURN PUBLIC LIBRARY 280 GARFIELD STREET CITY O.F WOODB. URN 4t2 PROCLAMATION Peace Officer Memorial Week WHEREAS, law enforcement serves as the protector of our homes, and the keeper of the public tranquility; and WHF~REAS, in performing these vital duties the men and women of our law enforcement agencies are subjected to risks of injury and even death; and WHEREAS, these men and women ask nothing more than the appreciation of their fellow citizens for a job well done; and WHEREAS, those officers who have died in the line of duty are most deserving of our recognition, appreciation and special remembrance; THEREFORE, I, Nancy Kirksey, Mayor of the City of Woodburn, in gratitude for the dedicated public service and sacrifice issue the following' proclamation: IT IS HEREBY PROCLAIMED THAT May 15, 1996 is designated as: "PEACE OFFICER MEMORIAL DAY" IT IS FURTHER PROCLAIMED THAT the week of May 12 through 18, 1996 shall be designated as: "PEACE OFFICER MEMORIAL WEEK" NANCY KIRKSEY, MAYOR City of Woodburn CITY OF 270 Montgomery, Street · Woodbum, Oregon 97071 o TDD (503) 982-7433 · FAX (503) 982-5244 WOODBURN (503) 982-5222 4D PROCLAMATION FOR Public Works Week in Woodburn WHEREAS, public works services provided in our community are an integral and necessary part of our citizens' everyday lives; and WHEREAS, the health, safety, comfort and economic vitality of this community greatly depend on the facilities and services such as water, wastewater and other waste collection and disposal, streets, transportation, etc.; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction are vitally dependent upon the efforts and skills of the public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments are materially influenced by the people's attitude and Understanding of the importance of the work they perform; NOW THEREFORE BE IT RESOLVED, that I, Nancy Kirksey, Mayor of the City of Woodbum, Oregon, do hereby proclaim May 20-24, 1996 as "PUBLIC WORKS WEEK" in Woodbum, Oregon, and call upon all citizens and civil organizations to acquaint themselves with the problems involved in providing our public works and to recognize the contributions that public works officials make every day to our health, safety and comfort. Nancy Kirks~y: Mayor WOODBURN PUBLIC WORKS DEPARTMENT PUBLIC WORKS WEEK ACT~ITIES MAY 20 - 2z~, 1996 '~Vorking in the Public Interest~ 4D MONDAY. MAY 20 -~ KICK OFF 9:00 a.m. - Mayor Kirksey kicks off the week's festivities with a ribbon adding ceremony to celebrate the 18th anniversary of the Woodburn-Transportation Services. Regularly scheduled bus service will be free to customers all weelc TUESDAY. MAY 21 10:O0 a.m. - Noon - Recognition of support service contributions and Public Works Facilities Informational Walk Through for City employees and other groups 7.00 p.m. - Water Conservation Workshop, woodburn Public Library, 280 Garfield Street (9 a.m. - 5 p.m. - Free Bus Service on the regular schedule and free Dial-a-Ride Van service.) WEDNESDAY. MAy Z;Z · Noon - Informal lunch: Public Works Employee of 1995 with Mayor and Public Works Director 2:00 p.m. - Mayor Kirksey will officially tour the following Public Works projects: Completed: - Library Parking Lot - Poplar Tree Research Test Plot - Greenview Stormwater Detention Pond In progress: - Alexandra Avenue Sanitary Main Installation - 99E or Downtown Alley Water Main Installation t[9 a.m. - 5 p.m. - Free Bus Service on the regular schedule.) THURSDAY. MAY 23 10:OO a.m. - Noon - Public Information on Water, Wastewater, Street and Storm Water by Engineering in the Council Chambers of City Hall. 2:30 p.m. - PUBLIC WORKS EMPLOYEE OF THE YEAR AND EMPLOYEE APPRECIATION CEREMONY Council Chamber~, City Hall. a.m. - 5 p.m. - Free Bus Service on the regular schedule and free Dial-a-Ride Van Service.) FRIDAY, MAY ~?& (9 a.m. - 5 p.m. - Free Bus Service on the regular schedule and free Dial-a-Ride Van service.) NOTE: VOLL~NTEER WORK - Saturday, May I8th, starting at 8:OO am - Public Works employees will install sidewalk on the East side of the newly completed Library Parking Lot 5B Minutes of Woodbum Downtown Association April 23, 1996 Chavita's Restaurant Present: King, Coffelt, Kanz, Kelly, Smith, Kirksey, Lucas, Kool, Rehm The minutes were approved. Treasurer reported checking account balance of $376. The spruce-up committee this week is walking through downtown to urge business owners to contribute toward planting of flowers in the area. The alternative school children have planted some pansies which were anonymously donated. Colleen Rehm reported three new memberships: Saunders, Kelly, and the City. She wants to know if WDA members would agree to meet once a month at various parts of town. Planning is going ahead for the membership drive blow-out function. A letter was read from Francisco Garcia who is very ill and will have an operation shortly. He is living in Salem at present and will not be able to participate in WDA affairs for several months. Barbara Lucas distributed draft copies of information which will serve as membership recruitment and fund-raising material. She asked that members bring their corrections and additions to the next meeting. Susan King told the group that the executive committee will sign the contract with LIVABLE OREGON on May 7. After that signing, WDA should be able to move ahead hiring a staff person. There was discussion about the meeting with members of the Three Valleys Group. Only Susan King and Hazel Smith attended the meeting. They told Three Valleys they would most like to see improved store fronts in downtown and a new community center. Three Valleys suggested that earphones and interpreters be used to improve communication among the groups in our community. Barbara Lucas reported that the City's building facility committee's recommendations had been sent to the Council. These included a recommendation for a downtown community center. A workshop will be held later. submitted by Barbara Lucas in absence of secretary Alma Grijalva 4-24-96 5B _M. inutes ~ WOodb .u~, Dov,-atown Associatiog.-Chavna*s ~urant - 4/I6/96 I. iuests: ~ghannon, Danyl Killy, Joli & Mike Root Prcsicient King called thc meeting to ordo* an~ noted that th~- secre~zxy and the treasurer were abseut. The minutes of the previous meeting were approved. Officer Torres stated that the sprace-up letter had been translated into Spanisk Thc English version will aplnar in tin upcoming INDEPENDENT. The other letters will be delivered to mere. hams ~s the .spruce-up committee walks around the district talking with people about slxucing up their s~ore flouts. King repom~ sh~ had talked with Stcw¢ ~tz about thc painting of buildings and I~ will acb,'is~ business owners that they should get in touch with the Downtown Associatioa. King also had a long talk with the t~w planner at City Hall who has had much experience with thc formation of~onomic Improvement Districts, There were retx~ by Ki,g, Kirksey and Lucas about the Council's proposal to devise an ordinance governing transient businesses. The ordinance would be aimed at espresso and taco wagom. Last surmner there were 20 of them around Woodb~ This is an equity issue. Transient businesses pay no propexty tag pay no Traffic Impac~ Fees. The Coullci[ s~tb-committ~ woIklng on ~ ordillall~ is stressing control of transient businesseg not the non-profits and others who come for Saturday markets, festivals, etc. Rehm passed out membemh/p applications and suggested the WDA consider meeting once a month at re,qaurants ia different parts of town. Luc, as reported on the contents of proposed membexship and fimdmising material. King circular, ed a corm~i~ sign-up sheeL Our,gteam Locomotive Darryl Kelly, one-time planning commissioner and city councilman, talked with the WDA about the Oregouian Railway Histori_cal Society.. and its 5-year plan to get our steam locomotive nmning. Th~ locomotive was built in 1902. it ,,,,'as first coal-fired then oil-fired, h was used in thc San Joaquin area and,,vas bro ~ught here in I957 by Southern Pacific. It ianguis~ for many years in the weeds. Has been r~built except for the firebox_ The original fence around the locomotive was donated bx' PGE. A replacemem fence is budgeted in the Park budget, but volunteers will'be needed to install the fence. Donations to the Society. may be taken as a deduction on income tax. The Socieb.' hopes to have the locomcaive open to the public the same hours as the Berry Mu~um. 5B. page 2 - WDA minutes 4/16-96 Our ~ Own R~rom~ Sold and Mike Root own a BI-mile raihxad wh[~,h bcgias ia V~~ the other side orb Street, and hms to Mt An~i, Silverto~ Pramm, Matin, and Steyton. The Roots handle freight. They can take passengers ifthey don't charge fares. Mike Root told us o£his experience wilh local excumion trains. Ttm~ arc fou~ types of riders: (I) Mom, Dad and the kids who want an hour tide (2) ail-day tourists who arrive on a btts, have a catered box lunch (3) rail ~ who take pictm'es (4) dinner trains offering a 3-hour trip with a 4-comse dinner-cost about $50 to $75. Excursion trains usually operate on weekends, and can nm as many as flu~e ~ a ~. Parking is a problem, and so is secnri~ for both the train and the at, omobiles. People need to be assured that flaek BMW or Men:eries w/fl be there when the~ get bae~ Excursion trains will attract people to town, and ~ ,.viii shop or eat while they are waiting rot- tl~ train. I-lis diesel-powered train can ran excursions any time. The steam engine could be kept just for special occasions. Being in the freight business Root is very aware of the nee__d for industrial land next to railroad tracks. There are firms in the Portland metro area who would move here if they could/'md space witlz rail setwice. There is no industrial zoned land in Woodbmn located next to his railroad. A legislator from our area, Maril~ Shannon, spoke about the difficulty of geuing the message out with the new political fund raising hw~ submitted by Barbara Lucas, for Alma ~rijalva who is ill. Barbara Lucas 214 E. Clackamas Cir. Woodburn, OR 97071 6A SENIOR ESTATES May 2, 1996 1776 Country Club Road Woodburn, Oregon 97071-2399 Telephone 982-1776 Mayor Nancy Kirksey City of Woodbum 270 Montgomery Street Woodbum, Oregon 97071 Dear Mayor Kirksey: On behalf of the residents of Senior Estates we.urge a re-affirmation of the sewer rate decision in Ordinances No. 2157 (Sept, 1995) and No. 2164 (Mar, 1996); or a further step toward a "fair share" rate structure by adoption of the Number 3 (Volume) rate schedule on page 6 of Frank Tawari's "Wastewater Residential Rates Revisited" presentation at the Council's workshop on April 15, 1996. We would support the idea of special relief in individually justified cases by assisting in payments with funds from sources other than those collected from sewer customers. Woodburn is unique, we suspect, in having chosen a reasonable method of determining the load imposed upon a sewer system by individual customers. We also suspect that the same kind of opposition developed in the period when municipalities started installing meters and doing away with fiat rates for domestic water. We believe that Woodburn's pioneering.effort in this respect could serve as a model for other communities. Water use rates are an excellent example of a "fair share" concept. Sincerely yours, ~n'~al~l Lilienthal, President Board of Directors Housing for Older Perso~s 8A TO: Mayor and City Council FROM: Chris Childs, City Administrator ~ Budpet Hee_rin_~ - Fiscal Year 1996-97 SUBJ.: DATE: May 8, 1996 The budget hearing scheduled for this evening (May 13, 1996) is for the purpose of receiving public comment on the City's F.Y. 1996-97 budget. No formal action is required on the part of the Council at the conclusion of the hearing; an ordinance adopting the budget will be presented for Council action at a subsequent meeting. The approved budget was passed Unanimously by the City's Budget Committee on March 28, 1996. The Budget Summary and Notice of Hearing was published in the April 24, 1996 issue, and the Second Notice in the May 1, 1996 issue, of the W0odburn Independent. This public hearing concerns the entire City budget, including consideration of how State Revenue Sharing funds will be spent, as required by state law. The 1996-97 budget is designed to maintain (or wherever possible, enhance) the existing level of City services in respect to the continuing growth of the community and the corresponding growth in demand for the services provided by the City. A principal emphasis of the budget is to provide a ~ approach in funding acceptable staffing patterns, necessary operating costs and priority capital purchases. The total budget for all funds is $23,123,405. Total budgets for the principal tax-supported funds are as follows: General Fund - $3,270,462 (of this amount, 71.3% represents public safety; police, dispatch, code enforcement); Transit Fund - $153,095; Library Fund - $647,550; and Recreation & Parks Fund - $1,107,770. Other fund totals are as described in the budget documentation. Local property tax support of the a'pproved budget consists of the following levy elements: Tax Base + Annexation Value Increases Library Continuing Levy Rec. & Parks Continuing Levy Levy Authority (Subject to Limitation) Bonded Debt Levy (Outside of Limitation) Total - All Property Tax Levies $2,009,710 $540,582 $860,474 $3,410,766 $189,269 $3,600,035 8A Page 2 - 1996-97 Budget Hearing (5/8/96) Excluding the bonded debt levy, which falls outside of the Constitutional (Ballot Measure 5) property tax limitation, the City anticipates actually being able to collect some $3,152,437 of taxes levied, representing 87.5% of the Levy Authority noted above. The balance (12.5 %) is lost to' "compression" created under the Constitutional limitation or to allowances for delinquencies_ and uncolle:ctible taxes. The estimated City tax rate fo? F.Y. 1996-97 (under the Constitutional limitation) is $5.51 per $1,OO0 of assessed value. The combined effect of the Constitutional tax limitation plus continued growth in values in the City represents a steady decline from 1990-91 (the year immediately prior to passage of Ballot Measure 5), when the City's tax rate was $7.27 per $1,000 of assessed value. The 1996-97 rate for the bonded indebtedness levy is estimated at 30.6 cents per $1,000 of assessed value. Some of the significant features of the Fiscal Year 1996-97 budget include: - Continued funding for full year-round oPeration of the Woodburn Aquatic Center. - Continuation of three Police Department community policing positions, funded in part through federal "COPS" and "COPS Fast" grants. - Continuation of two-year Housing Rehabilitation program funded by a Community Development Block Grant. - Continuation of various services benefitting senior citizens, minorities and disabled persons, including RSVP program, city Transit System and expanded hours of service for "Dial-A-Ride" paratransit service. - Funding for a number of projects consistent with established City Council goals, including a Master Water Plan, a Master Parks Plan and completion of Citywide Transportation Plan. - Addition of several new positions to meet growing service demands, including police records clerk, custodian, aquatic center program coordinator, parks maintenance worker, sewer line maintenance technician and half-time planning secretary. - Funding for full development of remaining office space available in city hall basement. - Funds identified for possible purchase of expanded Public Works Department consol- idated shop/storage facility. 8A Page 3 - 1996-97 Budget Hearing (5/8/96) - Initial funding ('seed money') for possible facilities expansion projects (still to be determined). - Initial funding ('seed money.') for*evaluation and eventual replacement of the city's now obsolete telephone system. -~. __ - Funding for professional/technical evaluation of city computer network system. A considerable amount of detailed documentation concerning the F.Y. 1996-97 budget has been, and continues to be, available for public review. Staff is routinely available to answer specific questions in regard to various budget components. I wish to commend the members of the City's budget committee for the many thoughtful hours they committed to reviewing the 1996-97 budget. Likewise, I commend all of the City's department heads and other staff for the time and effort dedicated to presenting well documented and sensible'departmental budgets, a process that initially began some four months ago back in January. 10A CITY OF WOODBURN POLICE DEPARTMENT 270 Montgomery~ Woodburn, Oregon 97071 / /~./~/ Paul E. NUll. ,~~. __ __ Patrol Opern'tim~Lieutenant 98~2345 l~xt.35Z Date: To: May 7, 1996 Administrator Chris Childs, City ~..__.../ Mayor and City Counc~~ Ken Wright, Chief 6f--P.o~ Ordinance 1957 (Truck Route Ordinance) Section 2, Para (2), Sub. Para (a), of the current Truck Route Ordinance, exempts motor trucks from adhering to the truck routes and truck ways, established in the ordinance, when receiving or discharging goods at any location in the city. The amended ordinance clarifies that all trucks are supposed to use designated truck routes and track ways until the activity requires a different route to be traveled. The revised section has the advantage of not making an outright exemption for the listed activity (as does the current ordinance) and allows for enhanced ordinance enforcement by the Police Department. IOA COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE 1957 (THE TRUCK ROUTE ORDINANCE) TO CLARIFY CERTAIN ADMINISTRATIVE PROVISIONS AND DECLARING AN EMERGENCY. WHEREAS, Ordinance 1957 designa~s truck routes, prohibits the general use of trucks on other streets, and establishes an adr~inistrative procedure for enforcement of said ordinance; and WHEREAS, it has become apparent that the ordinance could be improved by clarifying certain administrative provisions; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Section 2 of Ordinance 1957 is amended to read as follows: Section 2. Motor Trl~k Traffic Prohibited. (1) Except as provided in subsection (2), no person shall operate any motor truck upon any public street or alley within the city unless such street or alley has been designated as a truck route or truck way. (2) It shall be an affirmative defense to a violation of Section 2(1 ) that the motor truck is being operated on a public street or alley for the primary purpose of engaging in one or more of the following activities: (a) Receiving or discharging goods at any location in the city; (b) Going to or from a business in the city for the purpose of fuel, service, or repair; or (c) Servicing utility facilities or construction sites in the city. (3) Motor trucks operated on a public street or alley for the primary purpose of engaging in one or more of the activities listed in Section 3(2) shall use only designated truck routes or truck ways prior to point where the activity requires a different route of travel. 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 Page I - COUNCIL BILL NO. ORDINANCE NO. ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. ~.~~ Approved as to form:~,~0- ,~'-- ~ -- ~ ~' 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 10A Page 2 - COUNCIL BILL NO. ORDINANCE NO. lOB COUNCIL BILL NO. i"? ~ RESOLUTION NO. A RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF OREGON, BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION, FOR THE SAFETY BELT ENFORCEMENT PROGRAM AND THE THREE FLAGS PROGRAM. -~. ~... WHEREAS, the Woodburn Police Department was again awarded a grant for 1996 through the Oregon Department of Transportation, Transportation Safety Section; and WHEREAS, this grant funding will provide the basis for the Safety Belt Enforcement program and for the Three Flags program; and WHEREAS, it is necessary to enter into an intergovernmental agreement with the State of Oregon, by and through the Oregon Department of Transportation, Transportation Safety Section, to allow for the use of these grant funds, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the city enter into an intergovernmental agreement for 1996 with the State of Oregon, acting by and through the Oregon Department of Transportation, Transportation Safety Section, the principle purpose of the agreement being to supplement the enforcement of traffic laws through the Safety Belt Enforcement program and the Three Flags program. Section 2. That the Mayor be further authorized to execute, on behalf of the city, said agreement, a copy of which is attached hereto, and by this reference, is incorporated herein. City Attorney Date Page 1 - COUNCIL BILL NO. RESOLUTION NO. 10B CITY OF WOODBURN POLICE DEPARTMENT 270 Montgomery Street/~~ Woodbum, Oregon 97071 Paul E. Null~ _.~. Patrol Operations Lieutenant 982-2345 Ext.35z Date: May 3, 1996 To: Thru: Re: Chris Childs, City Adminis~ Mayor and City Council Ken Wright, Chief of Intergovernmental Agree e/~g~ Seat Belt Enforcement Grant The Woodbum Police Department is recommending the City of Woodbum enter into an Intergovernmental Agreement with Oregon Department of Transportation, which will provide supplement funds of $4,000 in overtime pay, for the enforcement of traffic laws. Benefits of the grant will be; public attention of traffic safety will be gained; data about safety belt use will be gathered; and numerous hours of traffic enforcement will be added with the expected result of increased seat belt use and decreased deaths and injuries from motor vehicle crashes. The Woodbum Police Department has participated in this Seat Beelt Program, with Oregon Department of Transportation, for the last four years. The total amount of money the city has received from the Traffic Safety Grants is $21,000. In 1995, the Woodbum Police Department issued a total of 288 traffic citations on grant funded overtime. One program, under the grant, we will be participating in is called "Three Flags." The Three Flags Program consist of police agencies from British Columbia, Washington, and Oregon, in a joint campaign to enforce seat belt laws throughout the Northwest. Previous grants have also provided educational materials and "Buckle Up" traffic signs. Public service announcements were also produced and aired on local cable television. You may have seen Sgt. Allen DeVault starring in about three of the PSA's. RECOMMF~NDATION: The City of Woodbum enter into an Intergovernmental Agreement with the Department of Transportation, State of Oregon, to except funds for enforcement of traffic safety laws. lOB ODOT Contract # I~r~-.~.5- TSS#OP9645003/HB9685003 #DTNH22-96-G-05103 INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT is made and entered into by and between THE STATE OF OREGON, by and through the Department of Transportation, Transportation Safety Section, hereafter referred to as Department, and Woodbum Police Department, hereafter called Agency. RECITALS 1. By the authority granted in ORS 190.110 and 283.110, state agencies may enter into agreements with units of local government or other state agencies for the performance of any or all functions and activities that a party to the agreement, its officers, or agents have the authority to perform..- 2. By the authority granted in ORS 802.300-340, the Department may enter into contracts and agreements for the performance of functions and activities to promote highway safety. 3. Department and agency agree that the principal purpose of this agreement is to supplement the enforcement of traffic laws throughout Oregon, particularly safety belt, speed and DUll laws, by providing extra overtime funds. Traffic officers will be trained in safety belt enforcement. Traffic officers will be able to enforce traffic laws without having to be called to other police business. Public attention about traffic safety will be gained, data about safety belt use will be gathered, and hundreds of traffic enforcement hours will be added. The expected result will be increased safety belt use, and decreased deaths and injuries from motor vehicle crashes. 4. Under such authority, Department wishes to retain the services of Agency to perform the work shown on Exhibit "A.1 and Exhibit A.2," attached hereto and by this reference made a part hereof. Payment for said services shall not exceed a maximum amount of $4,000 in federal funds. NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it is agreed by and between the parties hereto as follows: Agency OBLIGATIONS 1. Agency shall perform the work described on Exhibits A. 1 and A.2. The work is to begin upon execution of the agreement by all parties and be completed no later than September 30, 1996 for the Safety Belt Enforcement Program and November 30, 1996 for the Three Flags Program. 10B 2. Agency shall submit billings to the Department not later than the 10th of the month following the billing pedod. These bills must reflect 100% of the actual costs and work accomplished during the billing period. Billing periods: April-June 30; July- September 30, 1996, and October-November 1996. The billing shall be submitted on the appropriate Department reporting form as shown on Exhibit B, attached hereto and by this reference made a part hereof by, indicating agreement number, billing period, overtime hours/rate of pay and be signed by contracting official. The Department will not be able to honor clair{is for reimbursement for the Safety Belt Enforcement Program (Exhibit A. 1),received after November 5, 1996. This deadline is crucial as the National Highway Traffic Safety Administration now requires all paperwork for the entire Department program be completed by December 31. 3. Allowable charges under this agreement include: ao Overtime pay for traffic patrol at agency average overtime rate including benefits. Any approved associated administrative costs will be reimbursed at the straight time rate. bo Overtime pay for conducting pre-enforcement and post-enforcement safety belt user surveys c. Safety belt educational/promotional materials. d. Equipment specifically related to safety belt education. Administrative costs associated with the project, and travel to TSS- sponsored workshop held in Eugene. 4. Cost records and accounts pertaining to the work covered by this agreement shall be kept available for inspection by representatives of Department for a period of three years following date of final .payment. Copies of such records shall be made available upon request. 5. Agency shall not enter into any subcontracts for any of the work scheduled under this agreement without obtaining prior wdtten approval from Department. 6. Agency agrees to comply with all federal, state, and local laws and ordinances applicable to the work under this agreement. Agency agrees that the provision of ORS 279.312, 279.314, 279.320, and 279.555 shall apply to and govern the performance of this agreement. 7. Agency agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules, and regulations. Agency also shall comply 2 1OB with the Americans with Disabilities Act of 1990 (Pub L 'No. 101-336) including Title II of the Act, ORS 659.425, and all applicable regulations and administrative rules established pursuant to those laws. 8. Agency shall be responsible for all costs and expenses related to its employment of individuals to perform the work under this agreement, including but not limited to PERS contributions, workers compensation, unemployment taxes, and state and federal income tax withholdings. Department OBLIGATIONS 1. In consideration for the services performed, Department agrees to pay Agency a maximum amount of $3,000_for the Safety Belt Enforcement Program and $1,000 for the Three Flags Program for a total not to exceed $4,000. Department shall pay quarterly billings received by Agency within 30 days if received by Department on or before the 10th of the month following the billing period. 2. Department certifies, at the time this agreement is executed, that sufficient funds are available and authorized for expenditure to finance costs of this agreement within Department's current appropriation or limitation of current biennial budget. 3. Project managers: Woodburn Police De.Dartment Agency Sgt. Allen De Vault Contact Name 270 Montgomery_ Street VVoodbum. OR 97071 Address 503-982-234~ Telephone number Department/Transportation Safety Section: Ged Parker Transportation Safety Section, ODOT 555 13th St. NE Salem, OR 97310 503/986-4199 or 1-800-922-2022 Fax 503/986-4189 3 10B GENERAL PROVISIONS 1. Agency, its subcontractors, if any, and all employers working under this agreement are subject employers under the Oregon Workers Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage for all their subject workers. 2. This agreement may be terminated by ~iutual cons~ilt of both parties, or by either party upon two weeks notice, in writing and delivered by certified mail or in person. Department may terminate this agreement effective upon delivery of wdtten notice to Agency, or at such later date as may be established by Department, under any of the following conditions, but not limited to these conditions. If Agency fails to provide services called for by this agreement within the time specified herein or any extension thereof. If Agency 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 Department fails to correct such failures within 10 days or such longer period as Department may authorize. 3. The parties shall not waive, alter, modify, supplement or amend this agreement without written agreement signed by the parties. 4. Department, the Secretary of State's Office of the State of Oregon, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of Agency which are directly pertinent to the specific agreement for the purposeof making audit, examination, excerpts, and transcripts for a period of three years after final payment. Copies of applicable records shall be made available upon request. Payment for costs of copies is reimbursable by Department. 5. Subject to the limitations of the Oregon Constitution and statutes, Agency and Department each shall be solely responsible for any loss or injury caused to third parties arising form Agency's or Department's own acts or omissions under this agreement and Agency or Department shall defend, hold harmless and indemnify the other party of this agreement with respect to any claims, litigation or liability arising from Agency's or Department's own acts or omissions under this agreement. 6. It is understood and agreed that the activity covered in this agreement is undertaken under the authority of Section 402, Title 23, United States Code, and is lOB subject to the administrative regulations established by Federal guidelines including Circulars A-87 and A-102 and are hereby attached as Exhibit D and incorporated by reference with the same force and effect as if they were given in full text. The FiScal Year 1996 Highway Safety Plan was approved by the Oregon Transportation Commission on August 16, 1995. The Oregon Transportation Commission, on March 7, 1996, adopted Delegation Order 2, which grants the authority to the Section Manager to approve and execute agreements up to $10,000 for work in the current workplan budget. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. AGENCY Woodburn Police Department By Date Chief STATE OF OREGON, by and through its Department of Transportation By. Manager Transp. Safety Section Date AGENCY ADDRESS: Woodbum Police Department Attn: Sgt. Allen De Vault 270 Montgomery St. Woodbum, OR 97071 FORM APPROVED AS TO LEGAL SUFFICIENCY Dale K. Hormann Assistant Attomey General Date: April 8, 1996 5 lOB Exhibit A. 1 Statement of Work Safety Belt Enforcement Program Agency Obligations: The following assignments will be performed _during effecti_ve agreement dates. To provide overtime traffic enforcement, with emphasis on safety belt, speed and DUll laws, upon execution of agreement by all parties through September 30, 1996. All officers receiving overtime pay must have completed the two-hour training course, "Safety Belt Training Course for Police Officers" or complete the course within 45 days of the beginning of the agreement. The course will be presented in all regions of the State. The Agency will be notified by the Department of time and place. Agency is responsible for training time of officers participating in the overtime enforcement program. o Officers will be permitted and encouraged to issue multiple citations to ddvers who have committed several violations. Example, "exceeding maximum speed" and '~failure to wear safety belt." Agency will select target enforcement areas by conducting pre-enforcement safety belt use surveys in high crash locations. Post-enforcement safety belt surveys will be conducted quarterly or at the end of the enforcement period in each selected location. o Agency will advise the news media of safety belt compliance in all investigated traffic crashes. -6. Agency will inform the news media of this special program and keep them apprised of enforcement results. Agency will report quarterly to the Department listing traffic enforcement activity during the overtime patrols and listing traffic enforcement activity on regular non- overtime patrol as shown on Exhibit C.1, attached hereto and by this reference made a part hereof. o Agency agrees to document traffic enforcement, using straight-time hours by non-federally funded officers, at twice the number of hours submitted for overtime reimbursement under this Agreement. lOB Exhibit A.2 Statement of Work Three Flags Special Traffic Enforcement Program The following assignments will be performed during effective agreement dates: Ten- Day law enforcement blitz pedods have been established: June 28-July 7, 1996; September 27-October 6, 1996. Conduct intense, highly publicized traffic enforcement on an overtime basis, dudng the designated ten-day blitz-ped-(~d, with emphasis on safety belt, speed and DUll laws. Conduct 100-car observational surveys of safety belt use prior to and after each ten-day blitz period. Provide information to the media prior to the ten-day enforcement pedod and following the ten-day enforcement period, describing program goals and accomplishments. Collect and report citation/contact information on traffic stops conducted during overtime enforcement period. Collect and report anecdotal information on non-traffic related violations such as criminal arrests, theft or fugitive apprehensions, achieved as a result of traffic stops and include on required report form. FAX overtime enforcement activity summary to Department within five days following end of blitz period. Provide Department full report within one month following end of blitz period, outlining both overtime activity and straight-time activity and providing citation/contacts on impaired driving, occupant protection, speed, and other traffic offenses; non-traffic arrests/citations; Number of media contacts and/or public service announcement activity; Pre- and post-blitz observational survey results; and overall program accomplishments as shown on Exhibit C.2 attached hereto and by this reference made a part hereof. 7 "r Z I-- ~-_ o EJJ EEE ,,o~ooo z ,,'0 EEE 0 EEE mO 0 0 0 lOB 10B d) C 030 lOB lOB EXHIBIT D The following agreements and assurances are required for all grantees and contractors receiving National Highway Traffic Safety Administration funds through the Oregon Department of Transportation, Transportation Safety Section. VIII.AGREEMENTS AND ASSURANCES General 1. The grantee shall ensure compliance with 49 CFR Part 18.42 wJ3_ich addresses retention and access requirements for grant-related records. The state, the federal grantor agency and the Comptroller General of the United States, or any of their authorized representatives, shall have the right of access to any books, documents, papers or other records of the grantee which are pertinent to the grant These recordS must be retained for a period of three years starting on the date the grantee submits its final request for reimbursement for this grant. The grantee and its contractors cannot use federal funds to influence federal employees, Members of Congress, and Congressional staff regarding specific grants. The grantee and its contractors must submit disclosure documentation when non-federal funds are used to influence the decisions of federal officials on behalf of specific projects. Signing this Agreement constitutes a certification of compliance with these lobbying restrictions. The grantee, its subcontractors, if any, and all employers working under this agreement are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656-O17, which requires them to provide workers' compensation coverage for all their subject workers. The grantee shall make purchases of any equipment, materials, or services pursuant to this Agreement under procedures consistent with those outlined in the Oregon Department of Administrative Services Administrative Rules (Oregon Administrative Rules, Chapter 125: and Oregon State Law, including ORS Chapter 279, and in particular ORS 279.312, ORS 279.314, ORS 279.316, and ORS 279.320). The grantee shall defend, save and hold harmless the State of Oregon, including the Oregon Transportation Commission, the Oregon Transportation Safety Committee, the Department of Transportation, the .Transportation Safety Section, and their members, officers, agents, and employees from all claims, suits, or actions of whatever nature arising out of the performance of this Agreement, except for claims adsing out of the negligent acts or omissions of the State of Oregon, its employees, or representatives. This provision is subject to the *limitations, if applicable, set forth in Article XI, Section 10 of the Oregon Constitution and in the Oregon Tort Claims Act, ORS 30.260 to 30.300. Non-Discrimination Assurance 1. The grantee and its contractors will comply with Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, as amended, and as implemented by 49 CFR parts 21 and 27, and with the Executive Order 11246, entitled "Equal Employment Opportunity" as amended by Executive Order 11375 and supplemented by Department of Labor regulations 41 CFR Part 60, and shall ensure that no person shall on the grounds of race, color, creed, sex or national origin be excluded from participation, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity under this project. lOB The grantee and its contractors shall ensure that employment and procurement of goods and services made in connection with the project will be provided without regard to race, color, creed, sex or national origin. The grantee and its contractors shall take all necessary affirmative steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises and/or business enterprises owned and controlled by women have the maximum opportunity to compete for and to perform contracts. o The grantee and its contractors shall ensure that no otherwise qualified handicapped person shall, solely by reason of his/her handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination unde~r any program _or activity related to this grant. The grantee shall ensure that any contracts and subcontracts awarded in excess of $10,000 shall contain a provision requiring compliance with the standards set in paragraphs 1 through 4 of this section. Contracts and Other Service Agreements 1. Any contracts or other service agreements that are entered into by the grantee as part of this project shall be reviewed and approved by TSS to determine whether the work to be accomplished is consistent with the objectives of the project, and whether the provisions of paragraphs 2 through 4 of this section are considered. 2. All contracts awarded by the grantee shall include the provision that any subcontracts include all provisions stated in this section or the provision that no subcontracts shall be awarded. 3. The grantee shall ensure that each contractor adhere to applicable requirements established for the grant and that each contract include provisions for the following: a. Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. b. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (PL 94-163). c. Access by the grantee, the state, the federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives, to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract, for the purpose of making audit, examination, excerpts, and transcriptions. Grantees shall require contractors to maintain all required records for three years after grantees make final payments and all other pending matters are closed. d. Notice of grantor agency requirements and regulations pertaining to reporting, requirements and rejulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract, and requirements and regulations pertaining to copyrights and rights in data. e. Requirements given in Section A. 9-12. 4. VVhere applicable, contracts shall include the following provisions. a. Termination for cause and for convenience by the grantee including the manner by which it will be effected and the basis for the settlement. (Contracts in excess of $10,000) b. Compliance with Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967 and supplemented in Dept. of Labor regulations (41 CFR Part 60). (Contracts in excess of $10,000) c. Compliance with the Copeland "Anti-Kickback" Act (18 USC 874) as supplemented in Dept. of Labor regulations (29 CFR Part 3). (Construction or repair contracts) Eo d. Compliance with the Davis-Bacon Act (40 USC 276a to a-7) as supplemented by Dept. of Labor regulations (29 CFR Part 5). (Construction contracts in excess of $2,000) e. Compliance with sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) as supplemented by Dept. of Labor regulations (29 CFR Part 5). (Contracts in excess of $2,500) f. Compliance with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857 (h)), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15). (Contracts in excess of $100,000) g. Bidders, proposers, and applicants must certify that neither they nor their principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this transaction by any federal agency or department. (Contracts in excess of $25,000) Equipment Purchased with Grant Funds 1. A Residual Value Agreement shall be completed and submitted to TSS if grant funds are used in whole or in part to acquire any material or equipment costing over $5,000. A copy of the original vendor's invoice indicating quantity, description, manufacturer's identification number and cost of each item should be attached to the signed agreement. All equipment should be identified with a property identification number. All material and equipment purchased shall be produced in the United States in accordance with Section 165 of the Surface Transportation Assistance Act of 1982 (Pub. L. 97-424; 96 Stat. 2097) unless the Secretary of Transportation has determined under Section 165 that it is appropriate to waive this agreement. Matedal and equipment shall be used in the program or activity for which it was acquired as long as needed, whether or not the project continues to be supported by grant funds. Ownership of equipment acquired with grant funds shall be vested with the grantee. Costs incurred for maintenance, repairs, updating, or support of such equipment shall be borne by the grantee. If any material or equipment ceases to be used in project activities, the grantee agrees to promptly notify TSS. In such event, TSS may direct the grantee to transfer, return or otherwise dispose of the equipment. Debarment The grantee, in accepting this Agreement, certifies that the agency or its officials are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this transaction by any state or federal agency or department. 1OB 'City of Woodburn Police Department MEMORANDUM 270 Montgomery Street .Woodburn, Oregon 97071 rlm n Eubank, Lieutenant inal Operations : May 2, 1996 To: Mayor & Coup. Through: Ken Wright, [1 Chris Childs,l{ r (503) 982-2345. Ext. 351 LANDLORD TRAINING PROGRAM/CRIME FREE RENTAL HOUSING Keeping Illegal Activity Out of Rental Property Attachments: 1. Limited Consent to Use and Reproduce Landlord Consent to Use and Reproduce 2. Enhanced Safety Properties Program The Landlord Training Program was originally developed by Campbell DeLong Resources, Inc. 0 19 Washington, Suite 802, Portland, OR 97204) in a joint effort with the Portland Police Bureau, and the Neighborhood Crime Prevention Program, Officer of Neighborhood Associations. Development of the program was funded through the Bureau of Justice Assistance. We greatfully acknowledge the contributions of the landlords, property managers, law enforcement officers, attorneys and administrators in Portland who helped us adapt the program for the Woodbum Community. Chronic drug dealing and other illegal activity can reduce a community to a mere shell of the healthy community it once was. Unfortunately, many people are unaware a problem exists until it is well established. Drug trafficking and other illegal activity in a neighborhood can quickly. spread once they have started.- In frustration, citizens often look only to the police or "the system" for solutions and forget that neighbors and landlords have tremendous power over the basic health of a community. The intention of this program is to help honest tenants rent from responsible landlords, while preventing those involved in illegal activity from abusing rental housing and the neighborhoods in which they stand. The most effective way to deal with drug activity and other criminal activity on rental property is through coordinated effort with the police, landlords and neighbors. Efforts will soon be underway that encourage neighbors to take on more responsibility for preventing crime on their blocks and to improve the way police address drug houses and criminal activity. The purpose if the WOODBURN CRIME FREE RENTAL HOUSING PROGRAM is to help landlords and citizens develop into a more effective partner in our effort to keep our neighborhoods safe- free of chronic drug dealing and illegal activity. We also want to help dishonest tenants from abusing rental housing and the neighborhoods in Woodburn. 'Officers have been trained to present this program in the City of Woodburn. A Manual is in 'the process of being tailored for the City of Woodburn. We have contacted some of our rental property owners and managers and they have been very receptive to this new program. To continue the process and begin this community partnership, two more pieces need to be put into place. Those are the signing of the Limited Consent to Use and Reproduce form and becoming members of the Enhanced Safety Properties Program. The Limited Consent to Use and Reproduce Landlord Training Program Material form. This will give the Woodburn Police Department limited permission to use and reproduce, without charge, the Landlord Training Program materials. The manuals then can be modified to accommodate the City of Woodbum and it's d. tizens. I have attached the form to this memorandum for review. It is anticipated that we will begin this program some time in the latter part of 1996. The Enhanced Safety Properties Program is designed to provide our community with the best of the programs available nation wide for reducing illegal activity in rental property. The program is done in three phases and certificates are awarded for each phase. Phase I: Landlords Completion of the Landlord Training Program. Phase II: Crime Prevention Through Environmental Design (CEPTED) modifications. Phase lie Resident Crime Prevention Training. Once all three certificates are received, the property is enrolled as a one year "member" of the program and the owner/manager is granted permission to display the Enhanced Properties signs on the property and claim membership in the program in 'for rent" advertising. When the application signed, we will become members of the state wide program, sponsored by the City of Portland. We will be included in all future training and will be able to network nation wide to ensure that our program is the best it can be. RECOMMENDATION: Allow Chief Ken Wright to sign both documents to further enhance our Community Police effort. 2 COUNCIL BILL NO. ! '7 I0 RESOLUTION NO. A RESOLUTION ENTERING INTO A LICENSE AGREEMENT WITH CAMPBELL DELONG RESOURCES, INC. FOR THE USE OF LANDLORD TRAINING MATERIAL; MAKING APPLICATION FOR MEMBERSHIP IN THE ENHANCED SAFETY PROPERTIES PROGRAM; AND AUTHORIZING THE POLICE CHIEF TO SIGN NECESSARY DOCUMENTS .. __.. WHEREAS, the Landlord Training Program was originally developed by Campbell DeLong Resources, Inc. in a joint effort with the Portland Police Bureau and the Neighborhood Crime Prevention Program, and WHEREAS, the Landlord Training Program is an effective tool to train and encourage neighbors and landlords to be aware of crime prevention activities and meaningfully participate in maintaining the health and livability of their own community; and WHEREAS, the Landlord Training Program has been adapted for use in Woodburn and is available to the city by signing a license agreement with Campbell DeLong Resources, Inc.; and WHEREAS, the Enhanced Safety Properties Program is designed to provide communities with the best program available to reduce illegal activity in rental property, and WHEREAS, membership in the Enhanced Safety Properties program is available to the City of Woodburn; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into a Limited Consent to Use and Reproduce Landlord Training Program Materials agreemnt with Campbell DeLong Resources, Inc. A copy of said agreement is attached hereto as Exhibit "A" and, by this reference, incorporated herein. Section 2. That the City of Woodburn apply for membership in the Enhanced Safety Properties Program. Said application is attached hereto as Exhibit "B" and, by this reference, incorporated herein. Section 3. That the Chief of Police is authorized td sign the necessary documents to accomplish Section 1 and Section 2. Page I - COUNCIL BILL NO. RESOLUTION NO. City Attorney APPROVED: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Date Nancy A. Kirksey, Mayor Page 2- COUNCIL BILL NO. RESOLUTION NO. ,. LANDLORD TRAINING PROGRAM MANUALS AVAILABLE ON DISK The Landlord Training Program manual is a cornerstone of any successful program, As will be discussed in more detail during the training, it is essential that the manual used for your jurisdiction be accurate, fair, effective, and readable. To assist jurisdictions in the development of manuals that address the spedfic needs of their area, three different manual options are availahl_e directly frq_m CDRI, at no charge, on computer disk to Train-the-Trainer participants: National Landlord Training Program Manual, Second Edition Landlord Training Program manual, 7th Edition, published for the Portland Police Bureau Landlord Training Program manual, 1st Edition, published for the City of San Bernardino, CA's Crime Free Rental Housing Program Which manual is best for you depends on your jurisdiction. For most jurisdictions, we recommend the use of the national manual. It provides a strong foundation and can be used directly for training by a knowledgeable trainer. However, for jurisdictions in Oregon, the manual developed for the Portland Police Bureau is likely most appropriate. Jurisdictions in Csllfornia will want to consider use of the manual developed for the City of San Bernardino. Remember, however, that laws governing landlord/tenant relationships vary significantly, not only by state, but by city and county as well. Therefore, the value of any manual will be enhanced substantially if additional information, tailored to local laws, is included. To receive a disk copy of any of the above manuals: Read the enclosed document entitled "Limited Consent to Use and Reproduce Landlord Training Program Materials." The materials you will receive on disk are copyrighted by Campbell DeLong Resources, as well as the jurisdiction where any of the derivative manuals were originally developed. Permission to use and reproduce the materials is granted, without charge, to organizations that agree to meet the Conditions of Use outlined in this document. Check the manuals you desire on the first page of the '~imited Consent to Use and Reproduce Landlord Training Program Materials" document. Sign the document. · Return the signed "Limited Consent to Use and Reproduce" document to the Train-the- Trainer registration desk, or return at a later date to: Campbell DeLong Resources, Inc. 319 SW Washington Suite 802 Portland, OR 97204 Fax: (503) 221-4541 You will be sent a disk with your requested materials via U.S. mail typically within 21 days. Each disk will include a copy of appropriate overheads (MS Powerpoint format), as well as the requested manual in MS Word format. Campbell DeLong Resources, Inc. '/0 ADAPTION OF APPROVED DERrVATED MANUA~ Two additional manuals have been approved for Resottrce~, Inc.: in-state adaption by Campbell · Landlord Training Program Manual developed by the City of Milwaukee, Wisconsin · Landlord Training Program Manual developed by the Seattle Neighborhood Group of Seattle, Washington. CDRI permits adaption of these "derivative" works for agencies in the same state, conditional on your complying with the conditions of use set forth for the original manuals and with any additional requirements set forth by the publishing agency. In order to adapt one of these approved derivative works: · Complete a CDRI "Limited Consent to Use and Reproduce Landlord Training Program Materials"form (enclosed). Send a signed copy to CDR/. Send your request directly to the publishing agency, along with a fully executed copy of the CDRI '~,imited Consent to Use and Reproduce Landlord Training Program Materials" form. Campbell DeLong Resources, Inc. '. ~O&. CAMPBELL DELONG RESOURCES, INC. Limited Consent to Use and Reproduce Landlord Training Program Materials Subject to the terms of this agreement, the (hereinafter: "licensee," "you" or "your") is granted limited permission to use and reproduce, without charge, the Landlord Tra_'ming Progr _acm materials checked "YES" below (the "materials")l: - YES NO National Landlord Training Program Manual, 2nd Edition, © 1996. Landlord Training Program Manual, 7th Edition, published by the Portland, Oregon Police Bureau, © 1996 (for Oregon jurisdictions only). Landlord Training Program Manual, 1st Edition, published for the City of San Bernardino, California, © 1996 (for California jurisdictions only). The Landlord Training Program overhead projector diagrams, © 1996, are part of the materials included with any of the above manuals. The Landlord Training Program Manual has been adapted, and published in adapted form, by the Seattle Neighborhood Group of Seattle, Washington and the City of Milwaukee, Wisconsin ("publishing agencies"). Subject to your also obtaining the consent of the pubIishing agency, you are granted limited permission to use and reproduce the adapted Manuals checked "YES" below: YES NO Landlord Training Program Manual, published by Seattle Neighborhood Group, Seattle, Washington,' © 1996 (for Washington jurisdictions only). Landlord Training Program Manual, published and copyrighted by City of Milwaukee, Wisconsin (for Wisconsin jurisdictions only). 1 The Landlord Training Program materials have been created by John Campbell or Campbell DeLong Resources, Inc. The copyright to the materials is owned by Campbell DeLong Resources, Inc. and, in part, by the Portland Police Bureau, Portland, Oregon. Portions of the materials have been reproduced with the permission of the Portland Police Bureau. Campbell DeLong Resources, Inc. has been authorized by the Portland Police Bureau to handle all copyright requests regarding these materials. 1 LIMITED CONSENT TO USE LANDLORD TILAIYxrlNG PROGRAM MATERIALS Any unauthorized use of the materials is strictly prohibited, as is any violation of the following Conditions of Use. CONDITIONS OF USE 1. The materials may be. reproduced for the licensee's use only. You may provide a sample copy of'the materials to other persons or agencies, but you may not give any other person permission to reproduce any of the materials. 2. The materials may be sold for your ~ect costs of printing and distribution, but may not be sold for a profit. 3. You may not provide the materials by electronic means (e.g., without limitation: computer disk, CD ROM disk, transmission by modem, Internet bulletin board, etc.) to any person outside your agency. 4. The version(s) of the Landlord Training Program Manual checked "YES" above may be used as is or may be adapted to the laws and circumstances of your jurisdiction. If you choose to adapt the manual, you agree to have the adapted manual reviewed by an attorney knowledgeable in landlord-tenant law in your jurisdiction. You further agree that, prior to any distribution, you will provide Campbell Delong Resources, Inc. with a written statement that due diligence and care have been employed in adapting the manual, and that the adapted manual has been reviewed by an attorney knowledgeable in landlord-tenant law in your jurisdiction. The adaptation may take the form of modification of the text of the manual or preparation of supplemental materials. 5. Any version of the Landlord Training Program Manual (other than the National Landlord Training Program Manual, 2nd Edition) checked "YES" above may be used and distributed only within the same state as originally published by the publishing agency. 6. You may not adapt, distribute, reproduce or otherwise use any version or adaptation of the National Landlord Training Program Manual other than as checked "YES" above. Other versions, prior editions and previous adaptations of the manual may not be used in any manner absent special permission. 7. You agree to provide Campbell DeLong Resources, Inc., prior to any distribution, a copy of any adapted or supplemented version of the manual. An additional copy shall be provided to Capt. Dennis Merrill, Planning & Support Division, Portland Police Bureau, 1111 SW 2nd Avenue, Room 1552, Portland, Oregon 97204. You also agree to provide Campbell DeLong Resources, Inc. 2 LIMITED CONSENT TO USE LANDLORD TRAINING PROGRAM MATERIALS , ... with a statement by your attorney that he or she has reviewed these Conditions of Use with you. 8. Consent to reproduce the materials may be withdrawn on 30 days advance notice, or without notice at any time ff the licensee has failed to comply with these Conditions of Use. 9. CDRI assumes no responsibility for the accuracy of your modifications to the National Landlord Training Program Manual or for the_accuracy of any modifications made by the City of San Bernardino, California, Seattle Neighborhood Group of SeaRle, Washington and the City of Milwaukee, Wisconsin. 10. The cover of an adapted manual shall contain the following statement in type of not less than 12 point:. Adapted With Permission From the (version of Manual for which ¢orusent to use has been ~ven) , Developed by Campbell DeLong Resources, Inc. With the Support of the Portland Police Bureau and the Bureau of Justice Assistance, U. S. Department of Justice. 11. The first or second page of an adapted manual shall contain the statement attached as Exhibit A, verbatim and without modification, except for the insertion of the name of the licensee and the identification of the version of the Manual for which consent to use has been given, in type of not less than 12 point. CAMPBELL DELONG RESOURCES, INC. by John H. Campbell, President LICENSEE AGREES TO THE ABOVE CONDITIONS OF USE Date: Agency: By Address: Name/Title Phone: 3 LIMITED CONSENT TO USE LANDLORD TRAINqYqG PROGRAM MATERIALS EXHIBIT A TO LANDLORD TRAINING PROGRAM LICENSE Portions of this document have been reprinted and adapted with permission from the (version of Manual for which consent to use has been given) , © (.copyright date) , Campbell DeLong Resources, Inc. Selection of reprinted materials, editorial decisions, and added text have been made by (licensee) These materials-are copyrrghted and may not be duplicated or modified without the permission of Campbell DeLong Resources, Inc. (Licensee) certifies that it is in compliance with the copyright Conditions of Use of the Landlord Training Program materials. The (version of Manual for which consent to use has been given) has been adapted to incorporate applicable state and/or local law and regulations by (licensee) The Landlord Training Program was originally developed by Campbell DeLong Resources, Inc. (319 S.W. Washington, Suite 802, Portland, Oregon 97204; Phone: 503-221-2005, Fax: 503-221-4541) under contract with the City of Portland, Oregon, Bureau of Police, and funded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view or opinions contained within are those of the (licensee) or Campbell DeLong Resources, Inc., and do not necessarily represent the official position or policies of the U.S. Department of Justice. 4 LIMITED CONSENT TO USE LANDLORD TRAINING PROGRAM MATERIALS PBOGilAM.. Application Da~: AGENCY Name: ENHANCED SAFETY PROPER'ri~ PROGRAM LAW ENFOR~ AGENCY APPLICATION IOC., Phone: '--~ Fax: Chief of PoN.cc/Sheriff Phonc: ESP PROGRAM MANAGER Phone: [] Officer/Deputy [] Reserve [] Crime Prevention Speciali.~t [] Other J/We, representing PoNce .Bureau, request pcxmission to ~ membership in the ENHANCED SAFETY PROPERTIES (ESP) Prograrm The ESP Program is intended.to reduce criminal activity through a partnership with on-site managers, tenants, management companies, property owners and the POLICE BUREAU. I/We understand prior to implementing the ESP Program, the Program Manager must complete the Landlord Training-Train the Trainer Course. J/We agree to follow the ESP Program as outlined in the manual, to include the use of standardized forms and proeedm~. Failure to follow ESP standards will result in loss of authorization to util{7¢ thc ESP Program, advertising, and signs. As a pre-requisite to the be~nnlng of the ccxtification process, the Chief of PoNce/Sheriff and the Program Manager must sign the below waiveg. "I understand no part of this training shall be regarded as legal advice or considered a replacement of aa agcney's responsibility'to be.farrfiHar with thc'law. Thc services of a competent attorney should be sought in any situation regarding local laws. I release the ENHANCED S35;ErY PROPERTIES Program and its employees/volunteers from ail liability and responsibility from my participation in the program." Chief of Police/Sheriff: Program Manage~, 1OD - F MEMO TO: THROUGH: FROM: SUBJECT: City Administrator for Council Action Public Works Director Julie Moore, C.E. Tech III Request for STOP signs on Constitution Avenue, Henry's Blvd., and Robin Avenue DATE: May 7, 1996 RECOMMENDATION; It is recommended that Council approve the three attached resolutions authorizing the installation of STOP signs at the following intersections: 1) on Constitution Avenue at Boones Ferry Road 2) on Henry's Blvd. at Boones Ferry Road 3) on Robin Avenue at Woodland Avenue The STOP signs are needed at these locations to designate right-of-way and increase traffic safety. BACKGROUND; With the development of Heritage Park Subdivision, Henry's Farm Subdivision, and Miles Chevrolet new roads have been constructed that intersect with existing through roadways. The Manual of Uniform Traffic Control Devices (MUTCD) states that stop signs can be warranted on a street entering a through street. Therefore, it is recommended that three STOP signs be approved for installation at the locations listed above and shown on the attached maps. The signs will designate right of way and increase traffic safety. 1OD COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION DIRF_A2TING THAT A STOP SIGN BE INSTALLED ON CONSTITUTION AVENUE AT BOON-ES FERRY ROAD. W~EREAS, ORS Chapter 810 grants to the City ofW .oodburn, the authority to install stop signs at various locations within the City limits, and WHEREAS, the City Council has received and considered the attached staff report recommending that a STOP sign be placed on Constitution Avenue at Boones Ferry Road, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That a STOP sign be installed on Constitution Avenue at Boones Ferry Road. City Attorney Approved: Nancy A. Kirksey, Mayor Passed by Council Submitted to the Mayor Approved by the Mayor Filed in the Offico of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodbum, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. 1OD il COUNCIL BILL NO. RESOLUTION NO. IOE A RESOLUTION DIRECTING THAT A STOP SIGN BE INSTALLED ON HENRY'S BOULEVARD AT BOON-ES FERRY ROAD. Wi~.~, ORS Chapter 810 grants to the City of Woodbum, the authority to install stop signs at various locations within the City limits, and WHEREAS, the City Council has received and considered the attached staff report recommending that a STOP sign be placed on Henry's Boulevard at Boones Ferry Road, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That a STOP sign be installed on Henry's Boulevard at Boones Ferry Road. Approved as to form:~ '~-~ ~ City Attorney Date Passed by Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder Approved: Nancy A. Kirksey, Mayor ATTEST: Mary Tennant, City Recorder City of Woodbum, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. COUNCIL BILL NO. RESOLUTION NO. 1OF A RESOLUTION DIRECTING THAT A STOP SIGN BE INSTALLED ON ROBIN AVENUE AT WOODLAND AVENUE. WitE~REAS, ORS Chapter 810 grants to the City of Woodburn, the authority to install stop signs at various locations within the City limits, and WHEREAS, the City Council has received and considered the attached staff report recommending that a STOP sign be placed on Robin Avenue at Woodland Avenue, NOW, THEREFORE, TilE CITY OF WOOl)BURN RESOLVES AS FOLLOWS: Section 1. That a STOP sign be installed on Robin Avenue at Woodland Avenue. City Attorney Date Passed by Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder Approved: Nancy A~ Kirksey, Mayor ATTEST: Mary Tennant, City Recorder City of Woodbum, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. 1OF · City of Woodburn Police Department 270 Montgome?_.~ Ken Wri t/c Chief of Polic x Date: May 8, 1996 Woodbum, Oregon 97071 (503) 982-2345 To: Mayor and Council Subject: OLCC New License Application - WPD 96-2892 Applicant: Mrs. Dora Rivas - El Nopal Restaurant 333 N. First St. Woodbum License Type: Restaurant On May 7, 1996 the police department received a application from Mrs. Dora Rivas dba. E1 Nopal Restaurant. The License is for a Restaurant license to sell beer and wine at her restaurant. While this license is a New Outlet, Mrs. Rivas has had a liquor license since early 1994. The reason Mrs. Rivas is again applying for a liquor license is that while the council approved the renewal of her license she failed to pay the reinstatement fee and complete her license reapplication in a timely manner. OLCC rule are very clear that when the licensee fails to reapply for a license the license automatically becomes dead. The police department has completed a background investigation of Rivas and the restaurant and found no violations or concerns that would qualify for a report under the guidelines established by council policy. When the license was initially approved the licensee agreed to certain conditions that are in addition to the OLCC rules. Those conditions are spelled-out in the attached letter from Rivas' Attorney dated February 8, 1994. On May 8, 1996 the police department recontacted Rivas regarding the reapplication process and reviewed the "special" conditions. -Rivas has agreed to continue the "special" conditions as outlined. lOG RECOMMENDATION: Thc Woodbum City Council recommend approval Restaurant liquor license for Mrs Dom Rivas, dba E1 Nopal Restaurant. B:\O~OPAL.APP ~ 'Robert E. Thomas, II! · Attorney and Counselor P.O. Box 801 Molalla, OR 97038 Telephone (503) 829-3555 Facsimile (503) 829-7646 Chief Kenneth Wright Woodburn Police Department 270 Montgomery Street Woodburn, Oregon 97071 Re: Letter of Intent: Beer/Wine Application of Dora Alitia Rivas Dear Chief Wright; 10G February 8, 1994 1.) 2.) 3.) Serve alcoholic beverages only with meals ordered and consumed on the Serve no more than three (3) alcoholic beverages to any one patron at any Not serve any alcoholic beverages before 11 a.m., nor after 10 p.m.; and, 4.) Require all employees to attend and successfully complete an alcohol servers class approved by the OLCC prior to serving any alcoholic beverages to any customer. While these conditions are purely voluntary, Mrs. Rivas agrees to be bound by them as a conditional grant of a beer/wine liquor license pending any further conditions/regulations imposed by the OLCC. Mrs. Rivas' signature on this letter and the attached interpretation of this letter in Spanish gives evidence of her knowledge of and consent to these conditions. Member Oregon and California Bars premises; one meal; Mrs. Rivas would like to serve beer with meals in her restaurant. In conjunction with this, she agrees to be bound by' the following conditions which are acceptable to .the OLCC. She would: Pursuant to our telephone conversation from yesterday, and my discussions with my client, Mrs. Rivas, we submit the following letter of intent concerning her operation of her restaurant, El Nopal, located at 333 First Street of your city. lOG Re: RIVAS' VOLUNTARY CONDITIONS FOR BEER LICENSE February 8, 1994. Page 2 If your office or the City of Woodburn has any questions concerning these matters, please feel free to contact this office. Robert E. Thomas, III I agree to abide by these and any successor conditions should the City and/or the OLCC permit me to serve beer and/or wine with meals in my restaurant. DORA ALITIA RIVAS SUBSCRIBED AND SWORN TO before me on ~I~tary Public for Oregon//2/ ~(/ly commission expires: , L99~. 1OH City of Woodburn Police Department 2~70 Montgome~ Ken Wright_ ~z~// Chief of P6~/ Date: April 25, 1996 Woodburn, Oregon 97071 .qAY 1 1996 To: Mayor and Council C. Childs, City Administrator Subject: Raven Inn - Applicant Review of Recommendation At the February 12, 1996 City Council meeting, the Council held a public hearing for the purpose of reviewing the police departments recommendation of non-renewal of the Raven Inn liquor license for 1996. As a result of the public hearing to include staff reports, review of council policy and testimony of the applicant the City Council recommended to deny 1996 license. On April 24, 1996 1 was contacted by licensee of the Raven Inn, Tina Wiltsey. Wiltsey presented me with a letter presenting a Compliance Plan for review. I then contacted and was contacted by Wiltsey on numerous occasions to discuss her proposal. I informed Wiltsey the Council had conducted a public hearing and forwarded a non-renewal recommendation to the OLCC. As a result I was not at liberty to negotiate or review her proposed compliance plan. I informed Wiltsey I would forward her letter to the Council for review and consideration. Licensee Requests: (1) Although I appreciate the requests that Wiltsey has made in her letter I cannot comply. Any criminal investigation the police department is involved in is not available as a public record until all suspected perpetrators are identified and charged and the investigation is completed. (2) To supply a list of suspected drag dealers, users or purchasers is not possible. The police department cannot keep such a list and does not. This would be in violation of state and federal privacy laws. 1OH (3) The police department has always and continues to provide community education in drag and crime prevention techniques. Wiltsey only needs to make such a request. This type of training has been requested in the past by Wiltsey and other licensees and has been provided by the department. (4) Again the department is not the keeper of the' public records of those persons convicted of any crimes in Marion County. The records are available through the courts and criminal history files are maintained by the Oregon State Police Bureau of Criminal Identification. Wiltsey would have to contact those agencies for.. such information. The police do not decide where criminals decide to go or commit crimes. Our agents only meet where the focal suspect designates. Criminal activity usually only occurs where the participants feel comfortable and feel that their crimes will not be detect~. While we have and have attempted to work with Wiltsey in the past by providing recommendations with limited background information; by statue, ORS 181.555, Criminal Offender information by any means is limited to the Oregon State Police. Wiltsey and any other person may gain access to this information only through the Oregon State Police. The current fee is $10 per request. Council Options. The Council has two options it can follow. The fn'st option would be to not take any action on the proposal from the Raven. The effect of no action by the Council would leave stand the Council's previous ruling of a non-renewal recommendation. The second option for the Council would be to enter into agreement with the Raven through negotiations of the Compliance Plan. This would require the Council to reverse its prior ruling. Should the Council follow this path, the Council would then provide stipulations to be followed by the licensee. The licensee and council would have to be in agreement. This would then be forwarded to the OLCC for review and acceptance. Upon a final agreement between the OLCC and Licensee the stipulations noted on the compliance plan would then become part of the issued liquor license. Wiltsey OLCC Salem B:\Couueil~'aveuph, 1OH APRIL 18 1996 CHIEF KEN WRIGHT Woodburn Police Department 270 Montgomery Street Woodbum OR 97071 Re: Tinct Wiltsey- The Raven Inn 262 N. Pacific Highway- Woodburn-OR 97071 Dear Chief Wright: Enclosed is a copy of a proposed Compliance Plan that I have submitted to the OLCC for their review. I would also like to have you review the Compliance Plan, and if you wish make any comments that you have. The purpose of the Compliance Plan is to keep control of the premises, keep disorderly conduct and fights from breaking out, and most importantly to eliminate any kind of drug use, sales or purchases upon the premises. If you have any other suggestions that would help The Raven Inn obtain those goals, I request that you give me a letter outlining those and we will consider them strongly for implementation. If I do not hear from you, I will assume that the Compliance Plan meets with your approval, and that you have no further suggestions. I also would request that you immediately call me if you become aware of any problems with the premises, including illegal drug activity of any kind. Only if myself or my employees are made aware of illegal drug activity will we be able to act against the persons involved. As you know, most of the time drug dealers and users do it secretively and furtively, and do not want to be detected by employees because they know they will be "86ed" and barred from the premises if they are detected. In that 1. regard, we would request the following: Notify corporate principal Tina Wiltsey of any suspected drug activity occurring on the premises by patrons and/or employees. This notification should include dates, times and persons involved, as well as the suspected nature of the transaction. Corporate principal Tina Wiltsey has committed to the OLCC to immediately terminate any employees and permanently bar any patrons who are suspected of any drug activity. As you know, many drug activities are done furtively or secretively in order to avoid detection by employees, and your cooperation is requested if you become aware of any transactions in or about the premises. We would request that you supply us with a list of suspected drug dealers, users or purchasers in the area who might attempt to frequent the establishment. If you will give us names and dates of birth and any photo identification, we will be especially vigilant in watching these people while they are on our premises for signs of suspected drug activity. CHIEF KEN WRIGHT April 18, 1996, Page Two IOH 3. We would appreciate meeting with your department and anyone who is designated as liaison for the purposes of reviewing the latest up-to-date drug detection techniques, any persons suspected of drug activity, etc. 4. Supply us with names and dates of birth, driver's license numbers and social security numbers if possible of all persons convicted of illegal drug activities in Marion County. We will permanently "86" these persons for a period of up to one year after their conviction, or longer if appropriate. We wish to have The Raven a drug-free premises. We and our employees lack the expertise and information that the Police Department has concerning drug sales, and we need the cooperation of the Police Department and the OLCC in order to accomplish our objective. I recognize that if the drug information i~ part of an undercover operation, that you might not want to compromise the investigation. However, we do request that the confidential reliable informants that you may use for undercover drug activities not use our premises for such drug activities. If confidential reliable informants are put on the payroll at state or city expense, given money with which to purchase drugs, and sent into our establishment, it will eventually attract persons who might not otherwise visit our establishment because they will learn that people are "buying drugs" and have cash available. I would also request that any informants do not arrange to meet any of their drug dealers at our premises. We do not want that type of activity taking place on our premises. Our employees try to be vigilant for such activity, but when it takes place secretly and furtively, they cannot always detect it, and we need your assistance in keeping it out of our premises. Finally, I would ask that you agree to run a criminal history check on all of our proposed new hires and our present employees so that we can determine whether or not they have any kind of drug activity or illegal activities in their past. A more intelligent basis for hiring and/or observation can then be made. I am available at the following numbers: pager 373-9261, home 390-7997, The Raven 982-2951· Thank you for your cooperation, if the Department will agree to the above steps, I think that The Raven can continue to be a drug-free environment for the City of Woodburn. Sincerely, Tina Wiltsey / Corporate Principal The ven Inn Mike Schnoebelin (OLCC) Mike Mills Woodburn City Council 1OH The Raven Inn, Inc. 262 North Pacific Highway Woodbum, OR 97071 Woodburn Police Department 270 Montgomery Street Woodburn, OR 97071 RAVEN INN COMPLIANCE ACTION PLAN ,1996 I will schedule a compliance plan class for all employees quarterly, and will hold semi- monthly meetings with my employees to cover the laws, house policies, and patrons involved in drug or other unlawful activity. Manager and Wiltsey will meet once weekly to discuss problems occurring in the tavern. I will post waming signs against drug activity and patrons leaving premises twice. I will post a warning sign stating that any previously 86'd patrons entering the establishment will be arrested immediately for trespass. There will be a signed posted on each bathroom door, in English and Spanish, that indicates that only one person at a time is allowed in the bathroom. There will be three signs inside the premises. One visible when entering the premises, one on the inside of the front door visible when leaving, and one visible above the cash register. These signs will be in English and Spanish and will indicate that no drug dealing or illegal activity is allowed on the premises and that the premises invites undercover police officers to work the area for illegal drug activity. I will coordinate live music with the Police Department by notifying them at least three days in advance of such live music. I will stop all incoming patron phone calls, except for emergency calls. I will keep a patron daily incident log on customer activity. I will log any barred customers, any customers who cause a disturbance, or any customer observed enga.ged in illegal drug activity, or who enter the premises intoxicated. Employees will be given a current list of 86'd customers, including the earliest readmittance dates, and.such list will be kept on the premises at all times. The incident log will include the time of the incident, the date, the type of incident, the description and/or name of the person or persons involved and any action taken by management, employees or the licensee. A designated management .person, approved by the Oregon Liquor Control Commission, will be at the licensed premises for a total of 50 hours weekly to monitor employees and patrons. During this 50 hour week, The designated management person will be at the premises a minimum of 5 hours Friday or Saturday night one week night between 7:00 p.m. and 11:00 p.m. I will bar any patr6ns who are reasonably suspected of, or observed engaged in, illegal drug activity, who cause or initiate fights, create disturbances or trespass upon the premises, and will notify the police of any observed drug activity. Barred patrons will only be readmitted upon the terms and conditions of the 86 policy for the premises, or upon review and decision by Tina Wiltsey. Raven Inn Compliance Action Plan (4--24-96) of S 1OH 10. Employees will sign citizen arrest forms when police are called for fights, disturbances and trespassing patrons, and notify the police of any suspected drug activity. Employees who knowingly violate house policies, OLCC laws and administrative rules, state statutes in the course of business will be terminated. 11. 12. I will hold reasonable meetings with Woodburn Police Department command staff on an "as needed" basis if problems arise. The Pglice Departme_nt will provide a list of calls to date. If requested, a qualified designated mahager will also'meet with police. I will constantly monitor rest rooms on a regular basis to prevent drug activity and use, and not allow more than one person at a time in the rest rooms. Persons deliberately disregarding our rest rooms policy will be 86'd for a minimum'of ten days. Licensee will observe restrooms for excessive use and will check the restrooms for drug paraphernalia, drug residue, and other signs of illegal drug activity 'and will try to identify the patrons involved. The restrooms will be checked two times per hour. 13. 14. Persons illegally carrying a firearm or knife will not be admitted unless they check their weapons at the bar. I will thoroughly screen new hire employees by checking their background as follows: * Check with previous employer to the extent that the law allows. * Check with the Woodbum Police Department 15. 16. I will have a designated employee who is fully responsible for the bar available either on premises or on call at all times. The following policy plan is adopted as part of the Compliance Plan I.D. any patron who appears 30 or younger. Don't admit any intoxicated persons into the premises. Cut off anyone showing signs of intoxication, 86 them if they get out of control and call the police. When police are called, bartender must sign citizen's arrest card. Pay phone removed. No one is allowed to use premises phone unless an emergency. Don't deliver message to patron who gets repeated incoming calls. Anyone causing or initiating a fight or assault is "86ed" for life. A patron who leaves twice is not allowed back in the premises for the night. One patron in rest room at a time. Check rest rooms out after patron repeatedly uses rest room. Employee is to check out patrons exchanging money. exchange satisfactorily, he's "86ed". Raven Inn Compliance Action Plan (4--24-96) If patron doesn't explain IOH 17. When two employees are on shift, one is to check the parking lot regularly. They will observe whether or not patrons are engaging in illegal activity, drug activity or drinking in their cars. The parking lot will have a larger flood light added for additional lighting capacity. Anyone operating karaoke cannot drink. No one behind the bar after drinking_ alcoholic beverages. Cellular phones are not welcome. When police come into the premises, they are to be treated with respect. Any patron who gets out of line and is eonfrontive with police will be "86ed." Tina Wiltsey being on the premises at least six times per week, and will otherwise be on the premises a sufficient amount of time to make sure that the Compliance Plan is being followed, and that employees are enforcing the Compliance Plan. Tina Wiltsey, Corporate Principal The Raven Inn Date: Ken Wright, Chief of Police Woodburn Police Department Date: Raven h.z Compliance Action Plan (4--24-96) of S 3 OREGON ADMINISTRATIVE RULES CHAt'iER 257, DIVISION 10 --OREGON STATE POLICE 1OH NCIC Control Terminal Responsibility. LEDS is the "st. control terminal" for the NClC interface to O~gon and is responsible for assuring that all policies and rules for access to the Oregon or the NCIC-CCH System are adhered to by Oreson user agencies. (b) System Development and Operation. LEDS is respons~le for providing the computer hardware ~ softv~rc capabilities .nec~.ssary to. insure t.tm..t efficient p ~r~.~e~s_..i~ng and integrity of the mformatton stored tn thc Oregon ~..~,.l-t bystcm and for interfacing to the NCIC-CCH System. (c) Physical Security of Computer lnstaltation. LF. DS is responsible for development and implementation of policies and procedures to safeguard the CCH information at the c~ntral computer site from accidental or malicious damage or unauthor~'d acc.~ss or use. (d) Audit and Inspection of the User Agencies. LEX)S is responst'ble for periodically auditing and inspecting each terminal location accessing CCH or the FBI NCIC-CCH to insure compliance with the published rules, policies, and procedures. CCl'I terminal transaction records will be maintained at nnd by LEDS and will be made available to participating Stat. Auth.: ORS Ch. 181 l-list: DSP 2, f. 6-14..-/40 el. ?-I 1--/4, DSP 4, f. 4-22-76, cf. 4-30-76 A__,3:e~_ To and Use o~ Criminal Offender Information 257-I0-025 (I) A_~__-~__s to OS? Criminal Offender informa- tion by any means shall be limited to: (a) Criminal Justice Agencies, where thc information is to be used for criminal justice purposes or criminal justice agency employment. (b) (~ slate and local agencies u. pon E~. e~. tiv? (~.er of. '~overnor, where the information ts require<l to tmptemcm a ,x:deral or $latc Statute or Executive Order that expre=ssly refers to criminal conduct and contains requirements or exclusions expressly ba~d on such conduct. (c) A person or agency not defined as a criminal justice agency has ac_ce_~s only through the OSP Bureau pursuant to ORS 181.555. Thc request must be submitted in writing and may be hand carried or mailed to the OSP Bureau of Criminal Identification. A fee of $10 will be charged for each check and must be submitted with the request. Checks are to be made payable to the Oregon State Police. Inquiries are to be addressed to Oregon State Police, 107 Public Service Building, Salem, OR 97310, Attention: Bureau of Criminal Idcntifica- don. (d) Thc requesting party must furnish OSP with sufficient information to assist identifying and notifying the individual of interest- If thc information is sought for employment purposes the requestor must state on th~ written request that tl~ individual has l~en so advisext and thc manner in which thc individual was so advised. (c) The individual of record wi'Il be advised by lcttcr that he/she is allowed ,to rcvicw his/her criminal history for or incomplete information. Thcy will also be advised that they may i:~come informed of cern rights under Title NrI! of the Civil Rights Act of 1964 by contacting thc Bureau of Labor and Industries. (0 If a challenge is received prior to thc end of thc statutory 14 day waiting period, response to thc rcqu'estor will be held in abeyance until thc challenge is resolved. (g) OSP will respond to all requests and furnish Orcgon conviction information and any arrest information less than one ye~tr old on which there has b~en no acquittal or dismisss.l. If the compiled information does not meet the above criteria or · is no record of zhe subject OSP will reply to the requcstor :here is no criminal record. A receipt for the fee will b~ furnished to the requcstor aJong with the response. (2) Access to CCH information by means of terminals shall be limited to authorized Criminal Justice Agencies usiag their agency identification number (ORD- (3) Inquiries for no~offlciai purposes or the checking of records for unauthorized persons or agencies outside the Criminal Justice community is prohibited. (4) Criminal Offender information may be furnished only to authorized agency employees and no person who has been convicted of a crime which could have resulted in a sentence to a Federal (~' State Penitentiary w~ll be allowed to operate a terminal accessing CCH information or have access to Criminal Offender information. Exceptions to this ruic may be made in extraordinary circ~'mstances upon ~written application to the Superintendent of the Oregon State Police se~ting forth such circumstances. The Superintendent of the OSP will maintain a central file wh~re such excc~ion attthoriz~tion shall be filed. (5) Screening of Criminal Justice ASency and Regional Criminal Justice information system empio..yees who have ncc_ess to CCX-I or Criminal Offender lnforrn~tmn records is the rc=sponsitx'lity of the employing agency. (6) Any Criminal Justice Agency obtaining CHminal Offender inforn~tion or NCIC-CCH infom~tion, either directly through thst agency's terminals, or through the terminal of another Criminal Justice ASency, must have executed a written a~recment with the OSP prior to such C7) Security of Terminals. Any terminal with CC[-[ accessing capab~ity must be physically .~c__-_rc nnd placed in a location not available to unauthorized persons. Terminals must t~ so placed tl~t unzuthorized persons tony not observe the content of messages transmitted or received on such terminal. (8) Security of Criminal Offender Information Eccords. Any Criminal Justice Agency obtaining ~ Offender information shall m~int~n those records in secure files until they arc destroyed by burning or shredding, and shall trot those records in such a manner that thc record does not tx~con~ public information in any L~ter pro~__~_ing, except through court order or ss otherwise provided by I~w. (9) ~dio Transmission. Any radio ~'m~smission of Crlrninal Offender Information records shall be limited to essential details only, with hfforrr~tion identifying lndivid,~l~ and offens~ concealed insofar ss poss~lc. Plain text tz-~ts- mission of an entire (summ~ry or full CCH) record is prohibit- ed. Stat. Auth.: ORS Ch. 181 l-[i~: D-~P 2~ f. 6-14-'/4. cf. 7-11-'/4; D~P 4, f. 4-22-76, cf. 4-30='/6= DSP 1-1981, f. & ~. ~-i-81; DSP 3-198l, f. 10-30-81, cf. ! i-1-81; DSP 1-1982. f. 3-12-82, ~. ~-15-82 Criminal Justice Resemrch and-Evaluation 25'/-10-030 Criminal Offcndea- informatmn will be made available to qualified persons for research and evaluation related to criminal justice activity, or in exigent circumstances for temporary access, upon written application to the Superin- tendent of the Oregon State Police but authorization to utiliz~ such information will be conditioned upon: (I) The execution of ffondisclosure agreements by all participants in the program. (2) When such qualified persons acknowledge a fundamen- tal commitment to respect individual privacy interests with the identification of subjects of such information divorced as fully as possible from the data received, and agree to comply with any additional requirements and conditions found necessary to assure the protection of personal privacy and system security interests. (3) When a specific agreement is executed between such qualified persons and the OSP, the agreement stating the scope (May, 1982) 2 - Div. 10 101 MEMO TO: FROM: SUBJECT: DATE: City Administrator for Council Action(~ Randy Scott, CE Tech III, through Public Works Director" Acceptance of Public Utility Easements May 7, 1996 ~_ -_ RECOMMENDATION: It is being recommended that the city council accept the attached 16-foot wide utility easements, as described on Attachment A, Attachment B and Attachment C. BACKGROUND: The city is in the process of replacing an inadequate size water main adjacent to 110, 160, 180, 200, and 220 South Pacific Highway. The property owners, except 220 South Pacific Highway, have properly signed the utility easements for the conveyance. If the remaining easement is not obtained, that section of water main will not be replaced. The 16-foot wide easement allows the city to replace the water main behind the possible future widening of Pacific Highway, therefore avoiding future conflicts. The utility easements are included as Attachment A, Attachment B, and Attachment C. A site map is included as Attachment D. RS/Ig Attachments (4) PACHI4Y.EAS ATTACHMENT "A" KNOW ALL MEN BY THESE PRESENTS, that KALBERER HOTEL sUppLy CO.. for the consideration of One Dollar ($1.00) and other valuable considerations to them paid, the receipt whereof hereby is acknowledged, hereby do forever grant unto the CITY OF WOODBURN, a Municipal Corporation of Marion County, Oregon referred to herein as the CITY, a permanent right- of-way and easement over and along the full width and length of the premises described as follows, to wit: A sixteen-foot wide easement for utility purposes contiguous to, east of, and perpendicular to the easterly right-of-way line of State Highway 99E. The property subject to this easement is deSCribed in Deed VoL 602· page 775, Marion County deed records and further identif'~l as Tax Lot No. 42787-000 shown on map Township 5 South, Range 1 west of the Willamette Meridian, Section 17, Map CB. With the right, privilege and authority, to said City, to construct, maintain, replace, reconstruct, remove, and add to, a ]Z[I].[~ pipeline or pipelines, with all appurtenances incident thereto or necessary therewith, in, under and across the said premises, and to cut and remove from said right-of-way any trees and other obstructions which may endanger the safety or interfere with the use of said pipelines, or appurtenances attached or connected therewith; and the right of ingress and egress to and over ~aid above described premises at any and all times for the purpose of doing anything necessary or useful or convenient for the enjoyment of the easement hereby granted. THE CITY SHALL, upon each and every occasion that such UTILI~ facility is constructed, maintained, replaced, reconstructed or removed, or added to, restore the premises of the Grantors, and any improvements disturbed by the City, to aa good condition as they were in prior to any such installation or work, but if not practicable, then pay to Grantors reasonable compensation. THE GRANTORS, heirs and assigns, reserve the right to use the premises for walkways, driveways· planting, and related purposes, and all JZ[U.J]~ facilities shall be at a depth consistent with these purposes. EXCEPTION: No structure shell be placed within the easement, or within 45° projection upward from the bottom of the pipe. ' ,~ on 1995 Maw Tennant, City Recorder City of Woodburn, Oregon STATE OF OREGON ) i~U-7~ m~ }SS COUNTY OF ~ i On this the 'Z-~ day of/~ State personally appeared, I~own to ma to be the same person(s) whose names are subscribed to the within instrument and acknowledged that they voluntarily executed the same for the purpose therein contained. IN W1TNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC' · 1995, before me a Notary Public in and for the County and 101 EN~LTON.UTL ATTACHMENT "B" KNOW ALL MEN BY THESE PRESENTS, that BEVERLY'J. BRACK-: for the consideration of One Dollar ($1.00) and other valuable considerations to them paid, the receipt whereof hereby is acknowledged, hereby do forever grant unto the CITY OF WOODBURN, a Municipal Corporation of Marion County, Oregon referred to herein as the CITY, e permanent right-of-way and easement over and along the full width and length of the premises described as follows, to wit: A sixteen-foot wide easement for utility purposes contiguous to, east of, and perpendicular to the easterly right-of-way line of State Highway 99E. The property subject to this easement is described in Deed Vol. 655, page 211, Marion County dead records and further identified as Tax Lot No. 42784-000 shown on map Township 5 South, Range I west of the Willamette Meridian, Soctiort 17, Map-CB. With the right, privilege and authority, to said City, to construct, maintain, replace, reconstruct, remove, and add to, a UTILITY pipeline or pipelines, with all appurtenencee incident thereto or necessary therewith, in, under and across the said premises, and to cut and remove from ssid right-of-way any trees ~1 other obstructions which may endanger the safety or interfere with the use of said pipelines, or appurtenances attached or connected therewith; and the right of ingress and egress to and over said above dsscdbed premises at any and all tJmee for the purpose of doing anything necessary or useful or convenient for the enjoyment of the easement hereby granted. THE CITY SHALL, upon each and every occasion that such UTILITY facility is constructed, maintained, replaced, reconstructed or removed, or added to, restore the premises of the Grantors, and any improvements disturbed by the City, to as good condition as they were in prior to any such installation or work, but if not practicable, then pay to Grantors reasonable compensation. THE GRANTORS, heirs and assigns, reserve the right to use the premises for walkways, driveways, planting, and related purposes, and all t, ITILITY facilities shall be at a depth consistent with these purposes. EXCEPTION: No structure shall be placed within the easement, or within 45' projection upward from the bottom of the pipe. >'~-ve-dy J.~k~ -- . -- Accepted by the Woodbum City Council on ,1995 Mary Tennant, City Recorder City of Woodbum, Oregon 101 STATE OF OREGON }SS COUNTY OF MARION Ont~,the q~J~dayof ~n~, '~_ ,1995, beforemeaNotaryPublichlsndfortheCountyand State personally appearecl, known to'me to be the-~ame person(s) who~e names are lubecribed to the within in~l~ument and acknowledged that they voluntarily executed the ~ame for the purpose therein contained. IN my hand a offi 'al ~eal. WITNESS WHEREOF, I hereunto set n~(~l~.~  NOTAR~i~UBM~ . My Commission Expires;: SRAC~.UTL ATTACHMENT "C" 101 KNOW ALL MEN BY THESE PRESENTS, that ~ for the consideration of One Dollar ($1.00) and other valuable considerations to them paid, the receipt whereof hereby is acknowledged, hereby do forever grant unto the CITY OF WOODBURN, a Municipal Corporation of Marion County, Oregon referred to herein as the CITY, a permanent right-of-way and easement over and along the full width and length of the premises described as follows, to wit: A sixteen-foot wide easement for utility purposes contiguous to, east of, and perpendicular to the eastedy right-of-way line of State Highway 99E. The property subject to this easement is described in Deed Reel 669, page 125, Marion County deed records and further identified as Tax Lot No. 42783-000 and Tax Lot No. 42782-000 shown on map Township 5 South, Range 1 west of the Willamette Meridian, Section 17, Map W"~h the right, privilege and authority, to said City, to construct, maintain, replace, reconstruct, remove, and add to, a UTILITY pipeline or pipelines, with all appurtenances incident thereto or necessary therewith, in, under and across the said premises, and to cut and remove from said right-of-way any trees and other obstructions which may endanger the safety or interfere with the use of said pipelines, or appurtenances attached or connected therewith; and the right of ingress and egress to and over said above described premises at any and all times for the purpose of doing anything necessary or useful or convenient for the enjoyment of the easement hereby granted. THE CITY SHALL, upon each and every occasion that such UTILITY facility is constructed, maintained, replaced, reconstructed or removed, or added to, restore the premises of the Grantors, and any improvements disturbed by the City, to as good condition as they were in prior to any such installation or work, but if not practicable, then pay to Grantors reasonable compensation. THE GRANTORS, heirs and assigns, reserve the right to use the premises for walkways, driveways, planting, and related purposes, and all UTILITY facilities shall be at a depth consistent with these purposes. EXCEPTION: No structure shell be placed within the easement, or within 45' projection upward from the bottom of the pipe. Accepted by the Woodburn City Council on ,1995 Mary Tennant, City Recorder City of Woodbum, Oregon STATE OF OREGON ISS COUNTY OF MARION On this the/{? r ~day of /~/~ I C , 1995, before me a Notary Public in and for the County and State personally appeared, I~/CtV,e~ D, Z,/)'/.$ known to me to be the ~ame person(s) whose names are subscribed to the within instrument and acknowledged that they voluntarily executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Co.missio. Ex.ires= RICHARD O. COMM!S.SION Ng. COSTPLUS.UTL ~~ ATTACHMENT D~~'' 6oo '101 ~ ¢o ~'£Oo /~oo lOJ MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager Bid Award for Water Pipe May 8, 1996 RECOMMENDATION: Award City of Woodburn Bid number 96-17 for ductile iron pipe to Pacific States Cast Iron Pipe for $22,438.98. BACKGROUND: City of Woodburn Bid number 96-17 was opened and read at 2:00 p.m. on May 7, 1996. The bid was for 1,476 feet of six inch and 1,494 feet of eight inch ductile iron water pipe. The results were: .Bidder Amount Pacific States Cast Iron Pipe United Pipe and Supply H.D. Fowler Company $22,438.98 22,840.20 23,068.00 The pipe will replace inventory that has been depleted and is budgeted in the water fund. This pipe will be utilized by the water division for various water line replacement projects around the city. These projects are done by water division employees to replace older water lines that are more apt to leak and require maintenance. 1OK MEMO TO: THRU: Woodburn Mayor and City Council City Administrator Chris Childs FROM: Nevin Holly, Recreation and Parks Director SUBJECT: Legion Park Picnic Pavilion Reconstruction Bid DATE: May 7, 1996 Bids were opened and read aloud on May 1, 1996 for the reconstruction of the damaged Picnic Shelter at Legion Park. Bid specifications mandate the project be substantially complete by June 21, 1996. There were two bids presented. They were: CMJ Construction Lake Oswego $21,435.00 Woodburn Construction Woodburn $29,725.00 Staff recommends the bid for the reconstruction of the Legion Picnic Pavilion be awarded to CMJ Construction of Lake Oswego, Oregon in the amount of $21,435.00. 11A 5/02/96 A/P CHECK LISTING FOR THE MONTH OF APRIL 1996 Page Check Number Budgetary Account 317.7.8 POSTAGE-VARIOUS 31229 SERVICES-WATER 31~50 V 0 I O 312.11 V 0 i O 317.32 V o Z O 31Zss SF. mNAR-Pm, lC~ 312.~ SUPPLIES-BUiLDING 312.t5 REINBURSENENT-NOUSZ#G 317-~ SUPPLZE$°ATTY 312~7 DUES-PUSLICWORKS 31~8 SERVICES-MOUSING 31239 SERV]CES-t~ATER 31240 SERViCES°VARIOUS 31241 SUPPLIES-LiBRARY 31242 SERVICES-PARKS 31243 SERVICES-~J~TP 3122~ WORKERS COMP-SELF INS 31245 SUPPLIES-UATER 31246 SERVICES-TRANSIT 31247 SUPPLIES-LIBRARY 312~8 SERVicES-HOUSING 31249 SUPPLIES-STREET 31250 SERVICES'I~JTP 31251 SUPPLIES-WUTP 31252 SEHINAR-ENG/STREET 31253 SUPPLIE$-gUTP 3125~ SERVicES-HOUSING 31255 SUPPLIES-LiBRARY 31256 REIMBURSEMENT-FINANCE 31257 SUPPLIES-t~P 31258 SUPPLIES-VARiOUS 31259 SUPPLIES-LIBRARY 31260 SERViCES-HOUSING 31261 SUPPLIES-VARIOUS 31262 SUPPLIES-POLICE 31Z63 SUPPLIES-F[N/ENG 31264 SUPPLIES-VARIOUS 31265 SERVICES-VARiOUS ]17.66 SUPPLIE$-ATTY ]1267 SERVICES-POLicE 31268 SUppLIES-VARIOUS 31269 SERVICES-VARIOUS 31270 SERVICES-PARKS 31271 SUPPLIES-COOE ENFORCE 31272 SUPPLIES-UATER Vendor Name POSTAGE BY pHONE SYSTEM 015466 VALLEY MAILING SERVICE VO%D VOiD V 0 I O ---' V 0 ! O-'-- VOID VOID NATIONAL SAFETY TRAINING ]MST NONE OREGON BUILDING OFFICIALS NONE NAR[ALUNBRERAS NONE ARERlcAM PLANNING ASSM 000~0 AHERICAN PU~LICWORK$ ASSN 000300 ARKEN ENTERPRISES 000505 ARAHARK UNIFORM SERVICE INC 000534 AT & T 00067..~ BI-MART CORPORATION 001275 CASCAOE POOLS 002226 CINTAS 002~ CIS:CITY COUNTY %NS $ERVS CL]FF;S SHALL ENGINE CENTRE 002585 MARGOT COHLEY 002686 CTL CORPORATION 002926 OAVE W#ITEHEAD CONSTRUCTION 003066 DAVISON AUTO PARTS 00~080 ELECTRICAL CONSTRUCTION CO 00~120 ERNST NAROWARE EVENT SOLUTIONS INC ~0 FISHER;S PUMP ANO SUPPLY 00514? GAGLES HEATING 006016 GENERAL ELECTRIC CAPITAL 0060?9 BEN GILLESPIE 006189 ~.g. GRAINGER INC 00628~ INOUSTRIAL ~ELDING SUPPLY 008100 INGRAROIST GROUP 008116 KEY TITLE & ESCRO~ 010081 LEAGUE OF ONE,ON CITIES 011110 LIGHTNING IN:)~)ER CO 0117.~0 HEI-M[CRO CENTER 012&21 NETROFUELI#G INC 012~18 NORT#UEST NATURAL GAS 013350 OREGON STATE BAR 014500 pIONEER 6~$$ 015330 PITNEY BO~ES 015350 PORTLANO GENERAL ELECTRIC 015420 RANOAL $AUNOERS 018189 SILVERFLEET SYSTEMS 018465 SILVERTON SANO & GRAVEL 018~90 Vendor N~fli)er Check - Date gritte~ 4101/96 &/0~/96 4/05/96 4/O5/96 4/O5/96 4/O5/96 4/05/96 4/05/96 4/O5/96 4/05/96 4/O5/96 4/05/96 4105/96 4/05/96 4/05/96 4/05/96 4/05/96 4105196 4105/96 4105196 4/05/96 4/05196 4/05/96 4105196 4105/96 4105/96 41O5196 4/05196 4/05/96 4/05/96 4/05/96 4105196 4/05/96 4105196 4105/96 4/05/96 4105/96 4/05/96 4105/96 4/05/96 4/05/96 4/05/96 Amount of check 1,000.00 ~81.28 125.00 158.80 574.00 67.95 ~00.00 2,100.00 20.00 5.46 90.58 1,822.00 155.41 17,418.6~ 26.70 10.00 7.89. O0 2,412.00 11.98 543.40 210.10 240.0O 12.60 2,310.00 136.00 7.00 32.20 112.oo 769.54 85.00 70.00 127.20 1,333.61 1,635.50 45.00 7,927.73 1,700.60 66.54 1,055.12 45,914.9~ 11A 5102196 A/P CHECK LISTING FOR THE HONTH OF APRIL Page 2 Check N~ber 31273 31274 31275 31276 31277 31278 31279 3128O 31281 31282 31283 3128~ 31285 31286 31287 31288 31289 312~) 31291 312~2 31293 312~ 312~5 312~ 31297 31298 312~ 31300 31301 31302 31303 31304 31305 31306 31307 31308 313~ 31310 31311 31312 31313 31314 31315 31316 31317 31318 Budgetary Account Number lie ]NSUR~NENT-L ] BNARY SERV]CES-LIBRARY SERViCES-TRANSIT RE 1148URSEI4ENT - COURT $UPPLIES-C STORES SERVI CES-HOIJSI#G RE II4BURSEHENT-POL I CE SUPPLIES-STREET SERV] CES-VAR i OUS SERVICES-VAR iOUS SUPPL I ES-I, AJTP SUPPLIE$-UATER SUPPLIES-LIBRARY RE INBURSEI4ENT-UATER SERVI CES-VAR[OUS SERVi CES-ENG DUES-RSVP SERVICES-VARIOUS SUPPLIESoCOOE ENFORCE RE ] 148URSEHENT -POL[ CE SUPPLIES-VARIOUS PAYROLL - POL ! CE PETTY CASH-VARIOUS SERV] CES-UATEN SERV] CE$-ATTY VOID VOID VOID SUPPLIE$-ATTY SUPPL I ES-bVFP REFUND-PARKS REFUND-PARKS REFUND-PARKS REG! STRATIOR-POL ] CE REG ! STRAT ION- RSVP REG] STRATiON-UlaTP SERV]CES' L ! BRARY SERV! CES- ENG SERVICE$- PARKS GUPPLIES-VAI~IOU~ SERV! rES -PARI(S SERV! CES -POL ! CE RE [IdBURSENENT- L i BRARY SERVICES-UUTP SUPPL ] ES-UI~I'P SERVICES- POLi CE V~r Nm V~r N~r ~k - Date Wrttt~ ~t of ~k 14AUREEN S;14[TH 0185~ 4/05/~6 54.23 SOUND ELEVATOR CO 018610 4/05/96 158.8Z STATESNAN JOURNAL NEUSPAPER 0187~0 4/05/96 198.5~, NARY TENNANT 019055 4/05/96 105.95 THE J TNAYER CO#PARY 019100-- &/05/96 7.57.35 THERI4-O-LOC WINDOU$ 019132 &/05/96 3,085.00 W[LLL4N TORRES 019185 &/05/96 20.40 UNOCAL=ERNIE GRANAH OIL 020010 UNITED DISPOSAL SERVICE 020521) 4/05/96 987.36 U.S. UEST COFIgJNICATIORS 020095 4/05/96 513.79 VALLEY UELDING SUPPLY 021050 &/05/96 9.50 VIESI(O QUALITY CONCRETE 021140 4/05/96 36.00 UAL-HART STORES INC 022035 4/05/96 22.60 ~IIJ~ NASSOR 022052 4/05/96 74.25 UESTLINK PAGING 022163 4/05/96 170.50 RICHARD 1&:)ELK INC 022454 4/05/96 2,760.00 UOOOBLIRN CHARSER OF CO~4ERCE 027.510 4/05/96 60.00 UOOOBLI~N INDEPENDENT 022630 &/05/9~ 95.50 UOOOBURN PHARI4ACY 022680 KENNETH URIGHT 0228]0 4/05/96 507.50 YES GRAPHICS 02~025 4/05/96 3,607.30 OHiO NATIONAL LiFE INS 060400 4/05/96 17.75 CiTY OF I,~DBURN 015255 4/10/96 160.21 VALLEY NAILING SERVICES 02104~ 4/11/96 319.68 N. ROEERT SHIELDS 018~50 4/11/96 5,387.50 VOID VOID VOID VOID VOID VOID US DISTRICT COURT NORE 4/12/96 7.00 OPERATOR SERVICES NONE 4/12/96 35.00 SHIRLEY t~EBER NONE 4/12./96 30.00 HAOSO00 CHAUOARY NONE 4/12/96 138.00 I~ENDY UO00 NORE 4/12/96 50.00 FBINAA 96 NONE 4/12/96 225.00 COTTAGE GROVE AREA HFH NONE 4/12/96 15.00 MILLER~NASH~ MIENER HAGER NONE 4/12/96 150.00 ICRISTIE BALBERT NONE ~/12/96 167.00 AaH YAeO CARE 000095 A#THONYT,'EDZN PROOUCTIONS 000436 XUT~T~ Orr[~ ~Y; 005~ AT&T CONSUHER PROOUCT 000~0 &/12/96 1.21 JUOY SRUN~AL 00157~ &/12/96 22.50 C].TAS 002~84 COHREY ELECTRIC ]HC 002765 4/12/96 219.14 DBS HEALTH INFORHATION 003095 4/12/96 41.10 11A 5/02/96 A/P CHEC~ LISTING FOR THE MONTH OF APRIL 1996 Page 3 Check N~ber 31320 31321 3132~ 31323 31324 313~ 31326 31327 31328 31329 31330 31331 31332 31333 31334 31335 31336 31337 31338 31339 31340 31341 31342 31343 31344 31345 31346 31347 31348 31349 31350 31351 31352 31353 31354 31355 31356 31357 31358 31359 31360 31361 31362 31363 3136~ B~K~getary Accotmt Nunber SERVI CES-PARKS SUPPLIES-C STORES SERV[ CES-VAR[OUS RE INBURSENENT-POL 1 CE SUPPL 1 ES-WLfl'P SERVICES-CITY HALL/LIB SERVI CES-COURT/PO~ ICE SL~PLI ES-k~TP RE INSURSENENT- F I NARCE SUPPLIES-POLICE SERVICES -~JATER/STREET SERVICES- POi. ! CE RE l NBURSENENT- L ] BRARY SUPPL] ES-I~JTP SUPPL l ES- L l BRARY SERVICES- POLI CE SERV ICES - POLI CE SUPPLIES-ATTY SUPPL ! ES-~I'P SUPPL I ES-PARKS SERVICES-NON DEPT SERV] CES-LA~TP SUPPLIES-LAJTP SERVICES-VARIOUS SUPPL l ES - PARKS SUPPL I ES-~u'TP SUPPLI ES-LflJTP SUPPLIES-POLICE SUPPL l ES-STREET SERVICES-VARIOUS RE IMBURSENENT-POL [ CE SERVICES-POLICE SUPPLIES-POLICE SERVI CES-I~fl'P SERVICES-LA;TP SUPPLIES-POLICE SUPPL l ES *TRANS I T SUPPLIES-~dTP SUPPLIES-W~TP SERVICES-VARIOUS SERViCES*PARK$/COOE ENF SERVICES-VARiouS SUPPL I ES -I~JTP SUPPL I ES - POLI CE SUPPLIES-ATTY 14EHBERSH I P- HAYOR V~r Name V~r N~r Ch~k - Date Written ~t of Ch~k ANN FINCH 005096 4/12/96 320.00 FORCE 4 COMPUTER 005242 4/12/96 300.00 HARRIS A#O EIDE 007095 4/12/96 200.00 SCOTT HOGAR 007259 4/12/96 30.59 INDUSTRIAL WELDING SUPPLy 008100-- 4/12/96 11.50 LAI~IS & GYR INC 011032 4/12/96 5&1.00 LANE,POLELL, SPEARS, LUSERSKY 0110~0 4/12/96 60.00 LAq~OR PRGIXICTS INC 011176 4/12/96 340.54 GERALD LEI#BACH 011190 4/12/96 35.98 LOCAL GOV'T PERSONNEL I#ST 011300 &/12/96 712.00 MARLO. AG SERVICE I#C 012079 4/12/96 1,231.00 #C~JRDY TRAVEL 012365 &/12/96 DONNA 14ELENDEZ 012420 4/12/96 19.50 #ALCO CHE#ICAL CO 013005 4/12/96 438.00 OFFICE DEPOT 014029 4/12/96 349.84 OR DEPT OF ADMINISTRATIVE SERV 014198 &/12/96 20.00 O~ DEPT OF HOTOR VEHICLE 01~240 4/12/96 13.50 OREGON STATE BAR 014500 4/12/96 5.00 PACIFIC PURE BOYTLED UATER 015059 4/12/96 PAULSEN & ROLES LABORATORIES 015173 4/12/96 PC #ORTH~EST l#C 015214 4/12/96 83.7~ PEEK ~EASUREHENT 015215 4/12/96 655.00 PLATT ELECTRIC CO 015340 4/12/96 111.41 PORTLAI4) GENERAL ELECTRIC 015420 4/12/96 21,995.53 PO~ER RENTS IHC 015490 4/12/96 1,142.38 JACK RAM. I#GS 017054 4/12/96 81.97 ~ H. REILLY & CO 017155 4/12/96 1,218.21 RELIABLE OFFICE SUPPLY 017161 4/12/96 219.17 SAHLBERG SAFETY SUPPLY ING 018030 4/12/96 SCOTT & ASSOCIATES 018310 4/12/96 JANES SEELEY 018350 &/12/96 13.66 S[LVERTO" HOSPITAL 018480 4/12/96 23.30 SlCYLINE SALES ]NC 018540 4/12/96 35,874.00 STATESHAR JOURNAL #E~SPAPER 018760 4/12/96 111.07 STEWART STILES TRUCK LINE INC 018791 4/12/96 88.49 TAYLOR ELECTRIC SUPPLY 019030 4/12/96 74.16 THE J THAYER COHPANY 019100 4/12/96 16.30 UNOCAL:ERNiE GRAHAI4 OIL 020010 &/12/96 ~45.71 U.S. BEARINGS & DRIVES 0200~9 4/12/96 U.$. I~EST COH~J#IGATIO#$ 020091 4/12/96 471.69 US I~$T CELLULAR 0200~J 4/12/96 76.99 US ~EST CO~IUNI~ATIO"S 0200~ . 4/12/96 3,674.53 VAN ~ATERS i ROGERS 021100 4/12/~ 328.80 WAL-HART STORES INC 022035 4/12/96 71.88 ~EST PUBLISHING CO 022160 4/12/96 208.00 I~N3OBURN DOWNTOWN ASSOC 022580 4/12/96 35.00 165,379.27 5/02/96 A/P CHEC~ LISTING FOR THE MONTH OF APRIL 1996 11A Page Check Nmber 31365 31366 31367 ]1368 ]1369 31370 31371 31372 3137~ 31375 31376 31377 31378 31379 31380 31:381 31382 31385 31386 31387 31388 31389 313~0 31391 31392 31393 31394 313~5 313~6 31397 31398 31399 31600 31601 3160~ 31~03 31604 31~05 31606 31~07 31~08 31~09 31610 BcKJgetary Acco~.~t Nmloer SERVI CES-UUTP/UTR SUPPLIES-POL[CE/ENG 78 UATER ~ELL BONDS SERVICES-UATER PETTY CASH-VARIOUS SERVI CES-PARKS SERVICES-UATER VOID VOID VOID SUPPLIES-PARKS REFUND-UATER/SEUER REFUND-UATER/SEUER REFUND-tJATER/SEUER REFUND-VATER/SEUER REFUND-UATER/SEt~ER REFUNDoUATER/SEUER REFUND-UATER/SEUER RE FUND-UATER/SEUER REFUND-UATER/SEUER SUPPLIES-LIBRARY SERVICES- BU i LD I NG REGISTRATION-BUILDING SUPPLIES-LIBRARY RE U4BURSEHENT-COURT SERVICES- L I BRARY SERVICES-U~TP SUPPLIES-UUTP SUPPLIES-C STORES SUPPL I ES- PARKS SUPPLIES-PUBLIC UORKS SERVICES -VAR I OUS SUPPL I ES- L I BRARY SERVICES-VARIOUS SERVICES- PARKS SUPPL ! ES -POLI CE SUPPL I ES- L l BRARY SUPPLIES-VARIOUS SERVICES-ENG RE I MBURSEHENT - L I BRARY SUPPLIES-LIBRARY SE#INAR-UUTP SERV ! CES- POLI CE SERV! CES- F I NANCE SERV! CES-PARKS SUPPL ! ES - L I BRARY Vendor N~ Vendor Number Check - Date Uritten kao~nt of Check U(XX)GURN RADIATOR & GLASS 022700 &/12/96 112.92 YES GRAPHICS 0,?.~025 4/12/96 482.50 BANK OF AMERICA 001132 4/16/96 10,000.00 VALLEY MAILING SERVICE 021044 &/18/96 CITY OF I~OODBURN --' 015255~'- 4/22/96 US POST OFFICE 020090 4/23/96 1,o14.oo VALLEY NAILING SERVICE 0210~ 4/25/96 328.64 VOID VOID VOID VOID VOID VOID TIRELESS TECHIK)LOGIE$ NONE 4/26/96 4.95 ADOLF KORTT NONE 4/26/96 ANEY ~ILSON NONE 4/26/96 38.09 ROgERT & RUBY BENJAMIN NONE 4/26/96 27.65 R.L. ANDERSON HONE 4/26/96 29.95 flAI414ACK~S MARKETS IRC NONE &/26/96 27.65 VIC DYKSTRA NONE 4/26/96 22.08 VICTOR GARLOCK NONE &/26/96 27.41 SANDY SERNARD-UALLACE NONE &/26/96 7.80 FRANCIS d BISHOP NONE &/26/96 10.00 UAS#OE COUNTY LIBRARY NONE 4/26/96 10.00 RED LION INN NONE 4/26/96 126.26 OeOA NONE 4/26/96 65.00 OLA NONE 4/26/96 20.00 JACKIE RODGRIGUEZ NONE 4/26/96 91.60 ~[LL NDRNYAK NONE 4/26/96 150.00 A & A PEST CONTROL IRC 000011 4/26/96 85.00 ALL ~URE CRE#ICAL CO 000136 4/26/96 3,013.50 AMERICAN BUSINESS MACHINES 000198 4/26/96 327.22 ARERICAR RED CROSS 000280 4/26/96 230.0O ARERICAR PU8LIC M(S ASSR 000300 4/26/96 ARAMARKUNIFOR# SERVICE I#C 00053~ 4/26/96 1~8.56 A T & T 000619 4/26/96 30.50 AT*& T I#FORMATION SYSTENS 000620 4/26/96 693.26 AT&T UIRELESS SERVICES 000655 4/26/96 136.32 B & S INDUSTRIES IRC 001032 4/26/96 ~88.42 BAKER & TAYLOR VlOEO 001095 4/26/96 ;,6.79 BI-MART CORPORAT[OR 001275 4/26/96 205.83 SOB'S BACKHOE SERVICE 001325 4/26/96 4,000.00 JUOY BRUNKAL 001576 4/26/96 51.94 BULLDOG VIDEO 001586 4/26/96 20.00 CAREER TRACK 002123 4/26/96 99.00 CASE AUTONOTIVE 002190 4/26/96 1,210.98 CASCADE (:O~PUTER MAI#T 002220 4/26/96 120.00 CASCADE POOLS 002226 4/26/96 3,6~1.81 CHEHEKETA COHI4UN[TY COLLEGE 002410 4/26/96 6~3.03 193,832.22 11A 5/02/96 A/P CHECK LiSTiNG FOR THE HONTH OF A~R[L 1~ Page 5 Check N~r Budgetary Account Nunber Vendor Nome Vendor Nu.ber Check - Date Writtefl A~ount of Check 31411 SERVE CES-UUTP C i NTAS 002484 &/26/96 312.81 314.12 $EHZNAR-$ELF ZNS C]S:CiTY COUNTY [NS ~RV ~2~ A/~/~ 31413 ~LZES-STREET ~VIN ~ ~; ~/~/~ 31~1~ ~RV)~$-~T ~T ~LEY ~ ~/~ 150.~ 31~15 ~LIES-~I~P CTL ~T[~ - ~ ~/~ ~1~1~ ~RVI~S-P~[S DALLY J~L OF ~R~ ~ ~/~/~ 2~.~ 31~17 ~PLIE$-~T DATEC INC ~ ~/26/~ 1,~5.~ 31~18 ~LiES-V~Z~$ DAV]~ ~0 P~TS ~ ~/~/~ 1~.37 31~19 ~LZE$-~]~ DAVi~ ~0 P~T$ ~3~1 4/~/~ 13.35 31420 ~PLZE$-P~K$ ~GLE ~B PRESS ~18 4/~/~ 916.43 31421 ~PLIES-Li~Y ~TZ~L DE~L~EHT ~ 4/~/~ 1,0~.53 314~ ~RVi~$-P~$ ENGEL~ ELECTRIC 0~1~ ~/~ ~22.93 314~ REZH~R~HT-~i~ D~ L EUBA~K 0~2~ ~/26/~ ~.00 31~2~ 87 [~R~ ~S FIRST iNTERSTATE BANK 0051~ ~/2&/~ 7,020.~ 31~25 ~LZES-C ST~ES F~ ~ ~TER ~5242 4/26/~ 9~.~ 31~26 ~PLZES-~]~ FOTO ~GZC 005~8 ~/26/~ ;.55 31~2~ ~PPLZES-STREET F~LER ~HUFACTUR[HG ~ 0052~ ~/26/~ 31~8 ~PPL]ES-~LICE F~N~LZN ~EST ~ 00533Z ~/~/~ ~.~ 31~ ~PL;ES-~P ~LVAH [ZERS ~ 0~18 ~/~/~ ~.00 31~30 ~PPLIES-PM;S G~D S~ 0~ 4/~/~ 220.~ 31~1 ~PUES-VM[~S G.~. ~RE ~05 ~/Z6/~ 5~.10 31~32 ~PPLIES-PM;S ~CH C,E,;~L ~ 00~030 ~/~/~ ~.50 31~33 ~LIES-~TER ~LT~ ~Y 00~ ~/Z6/~ 100.~ 31~ SERVICES-PMKS HILLYERS HiD C;TY F~D ~8 ~/Z6/~ 520.~ 31~35 RE;~RSEHENT-~LZ~ S~TT H~N 00~59 ~/Z6/~ 1~.~ ~1~ TEHP EHPLOYEES-EHG ~m SHAPERS ZHC ~119 ~/26/~ 1,~.~1 31~37 ~RVI~S-~RT PETER H. K~AL~ 010~ ~/~6/~ 31~ ~PLIES-VARZ~S L & L ~Z~ZNG ~PPL[ES 011010 ~/~/~ 31~39 UNE~LOY ZNS-VAR]~S ~EHCE ~PANY 0111~ ~/~/~ 200. O0 ~1~0 mPPLIES-ATTY LEGZS~TI~ ~NSEL ~ 011~00 ~/26/~ lO.~ 31~1 ~PLIES-P~KS LIND'S ~R~T 011240 4/26/~ ~.70 31~2 ~PPLZES-LZB~RY LIBBY J~NAL 011276 ~/26/~ 87.50 31~3 ~PPL]ES-P~KS LITTLE CHEH]~L ~ 011285 ~/~6/~ 5~.50 31~ ~PPL]ES-P~KS L~G LIFE L]GHTING OF ~ 0113~ ~/26/~ 213.~ 31~5 SERVI~S-~RT HS] GR~ IHC 012015 &/26/~ 1~.00 31~ SERVZ~S-~ZLDZNG ~R]~ ~NTY B~G [NSPEC 01Z~ ~/~ ~.~ 31~7 ~PLZES-F[~H~ ~STERZHG ~TERS ]NC 0122~ ~/~/~ ~.00 31~ ~LZES-~TER A.B. HC ~UCH~ ~ ]NC 01~ ~/26/~ 5~.~ 31~9 ~PPL[ES-V~]~S HETROF~L lNG INC 012~ &/26/~ 698.76 31&50 ~PLZES-~R/STREET HZDSTATES ~STAL F~ 012~ &/26/~ ~.10 31~51 ~PPLIES-STREET HZD-~R]~ RESE~CH CHEH]~L 012~76 &/~/~ 256.~ 31~5Z SERV]~S-~L]~ HILES CHE~ET 012~ 4/Z6/~ ~.~ 31&53 ~PPLZES-V~]~S ~ P~S AUTO PAR~S 012510 &/26/~ 1~.~ 31~54 SERVZCES-H~SZNG H]~CLE T~CH PAZNT[HG 012512 ~/26/~ ~.00 31&55 ~PPLZES-ATTY NATIONAL L~GUE OF CITIES 0130~ ~/26/~ 26.00 31~56 FEES/RE~NUE- N~ OEPT N~C~ 013198 4/26/~ 30,~9.5~ 251,775.75 11A 5/O2/96 A/P CHECK LISTING FOR THE MONTH OF APRIL 1996 Page 6 Check Nmdaer 31458 31459 31~60 31~61 31~62 31~65 31~66 31~67 31~68 31~69 31470 31471 314~ 314~ 316~6 31678 314~ 31~ 31~1 31~2 31~ 316~ 31q5 31~ 31~? 31~ 31~ 314~ 31~91 31492 314~ 314~ 314~ 31496 31497 314~ 314~ 31500 31501 31502 Budgetary Account Nm~er DUES-kMTP SUPPLIES-LIBRARY SERVICES-VARIOUS SERVICES-UUTP SERVICES-LIBRARY SERVICES-MJTP SUPPL]ESoUATER SUPPL]ES-UATER SUPPLIES-DAR SUPPLIES-VARiOUS SUPPLIES-STREET SUPPLIES-UUTP SERVICES-U~I'P SERVICES-UUTP SERVZCESo~ATER SERVZCE$-POLICE SUPPLIES-PARKS SUPPLIES-STREET SUPPLIES-ENG SERVICES-LIBRARY SUPPLIES-TRANSIT SERVICES-POLICE/STREET SERVICES-STREET/POLICE SUPPLIES-STREET SUPPLIES-LIBRARY SERV]CES-ENG SUPPLIES-LIBRARY SUPPLIES-UUTP SUPPLIES-VARIOUS SERVICES-HOUSING SUPPLIES-STREET SUPPLIES-RSVP SERVICES-VARIOUS SUPPLIES-POLICE SUpPLIES-VARIOUS SERVICE$-UATER SUPPLIES-VARIOUS SERVICES-VARIOUS SUPPL[E$-U~/TP/PARKS FEES-NON DEPT REIMBURSEMEnT-POLICE SUPPLIES-ENG SUPPLIES-STREET SERVICES-RSVP SERVICES-RSVP SERVICES-RSVP Vendor Name NORTHUEST BIOSOLIDS NGNT ASSOC 013262 OFFICE DEPOT 014029 ORE CALL CONCEPTS INC 016054 OREGON ANALYTICAL LAB 014107 OREGONIAN PUBLISHING C(~'" 01~653-- PACIFIC A[RGA$ INC 015012 PACIFIC SAFETY SUPPLY [NC 0150~0 PACIFIC UATER M3RKS SUPPLY 015065 PAGENET OF OREGON INC 015101 PAULSEN & ROLES LABORATORIES 015173 PAUL~S S~ALL MOTOR SERV 015175 PLATT ELECTRIC CO 015~40 PIONEER ELECTRONICS 015~45 PORTLAND GENERAL ELECTRIC 015420 THE PRINTER PLACE 0155/,0 PROFESSIONAL AUTO DETAILER 0155~? S&S ARTS & CRAFTS 018017 SALEN BLACKTOP & ASPHALT 018060 SALEM PRINTING°BLUEPRINT 018110 SALEN TROPHY CO 018141 SCHETIOf NORTHWEST SALES 018240 LES SCHUAB TIRE CENTER 018~00 SLATER COMMUNICATIONS 018522 SPECIAL ASPHALT PROOUCTS 018690 LINOA SPRAUER 018710 STATESMAN JOURNAL 018760 SUNSET PROOUCTIONS 018819 TECHNICAL SYSTEMS INC 019039 THE d TNAYER COI4PANY 019100 THERM-O-LOC ~INDOU~ 019132 UNOCAL:ERNIE GRAHAM OIL 020010 US POST OFFICE 020090 US ~EST CELLULAR 020093 VIKZNG OFF[CE PROOUCTS 021180 UAL-MART STORES INC 0220~5 UATER,FOCO & RESEARCH LAB 022062 ~OOBURN FERTILIZER 022590 ~IO(N)BURN INOEPENOENT 022630 ~XX)BURN OFFICE SUPPY 022670 UOCOBURN SOFTBALL ASSN 022750 KENNETH ~RIGHT 022830 YES GRAPHICS 024025 ZUMAR INOUSTRIES INC 0750/,5 ELIZABETH BROGESSER 035067 MARGARET KANE 035390 LEO LA ROGUE 035~65 Vendor #~ber Che~.~ - Date Vr~tten Amount of Check 4/?.6/96 250.00 4/~6/96 13o.79 4/?6/96 69.30 4/?6/96 1,722. O0 4/7.6/96 3~9.90 4/?6/96 ~88.00 4/?6/96, 76.50 4/76/9~ .~0 &126196 15.90 4/76/96 331.5~ 4/?6/96 ~6.27 4/26/96 22.8~ 4/?6/96 25.86 4/?6/96 1,167.64 4/?6/96 130.61 4/26/96 79.90 4/?6/96 35.86 4/?6/96 219./~ 4/?6/96 22.50 4/26/96 ~8.50 4/26/96 111.96 4/26/96 177.29 4/26/96 439.2~ 4/26/96 1,814.40 4/26/96 259. ~6 4/?6/96 131.52 4/26/96 67.21 4/26/96 2,900. O0 4/26/96 368.77 4/?6/96 5,731 . O0 4/26/96 364.65 4/?6/96 80. O0 4/?6/96 2~6.75 4/26/96 108.53 4/26/96 159.67 4/26/96 ~59.00 4/26/96 551.90 4/26/~6 69O. 75 4/26/96 897.8~ 4/?6/96 750.DO 4/26/96 32.50 4/26/96 20. O0 4/26/96 782. O0 4/26/96 5. O0 4/26/96 10.50 4/26/96 5/,. O0 273,923.82 11A 51O2196 A/P CHECK LISTING FOR THE HONTH OF APRIL 1996 Page ? check N~r 31503 31506 31507 31508 3150~ 31510 31511 31512 31513 31514 31515 31516 31517 31518 8udgetaryAcco~nt N~r S~RV~CES-RSVP ~RV[CES-RSVP $ERV[ CES-RSVP SERV[ CES-RSYP SERViCES-DAR SERVICES-DAR SERV~ CES-DAR SERViCES'DAR SERVZCES-DAR SERViCES-DAR SERVICES-DAR SERViCES-DAR SERViCES-DAR SERViCES-DAR SERViCES-DAR PAYROLL'SELF iNS Vendor Nee VADA OUENS 035583 HARIAIJ REED 035615 JUNE M~OCOCK 0356&8 JAY UOGO$ O357~ DOROTHA BORLAND '--' 045060 CORNELIUS DONNELLY 045~0 W%NNI FRED FAC#iN! 045:;45 CAROL I. Ai$ 045&00 I~RD O'BR%EN 045~97 K4J~ I LYN PARN)IS 045512 JOJW PREZENJ 045525 TALSERT PRUiET 0/,5528 GERTRUOE REES 0455&5 JAJ4ES STROIJP 0455~ FRED TOPOREK 045660 OREGON DEPT OF REVENUE 000030 Vendor Nmi)er Check - Date Written Amount of Check 4/?.6/96 75.50 /,126196 23.7_5 &/26/96 91.25 /,/?.6196 102.00 /,/26196 59.50 4126/96 95.50 4/?.6/96 106.63 4/26/96 32.50 4/?.6/96 161.75 4/26/96 45.50 4126/96 141 4/?.6/96 83.5O 4/26/96 42.25 4/26/96 31.5O 4/;6/96 14. ?.5 4/3O/96 204.7O 275,235.15 15A MEMO TO: FROM: SUBJECT: City Council through the City Administrator Public Works Director~~~'~~ ~ Wastewater Service Charge and Related Issues DATE: May 9, 1996 BACKGROUND: A wastewater service charge analysis is required to be done by each jurisdiction as an integral part of the facilities planning process that must be included in the document forwarded to the Department of Environmental Quality (DEQ) for approval. Because of its importance, after receiving professional input, the advisory committee held an open house on Woodburn's proposed rates and subsequently recommended to the city council what they considered to be a reasonable approach to generating needed revenue. The professional rate analysis included allocation of treatment component costs to flow and pollutant loadings. It calculated the systems development charge (SDC) and monthly service charge for residential, commercial and industrial customers. Woodburn spent approximately $25,000 for this analysis and an entire book of the Wastewater Facilities Plan is dedicated to the methodology used and development of recommendations. The original professional recommendation included the following: A. Service Charge Alternatives 1) flat rate 2) minimum plus volume 3) volume B. Systems Development Charge (SDC) 1) SDC charge of $2,977 for each residential unit equivalent At the initial stage of implementation of the rates recommended by the Wastewater Advisory Committee and approved by the council, it was found that minor modifications needed to be made. After staff presentation, the city council approved the following modifications: A) B! C) Use of three lowest months of consumption out of four months of reading to determine the winter average. Allowing replacement of winter average with a lower average if three consecutive month consumption average of a residence is lowered. Certain DEQ required modifications related to property distance from the sewer main that must be connected and sewer service charge modification for those located outside the political jurisdiction of Woodburn. The first two modifications were necessary to consider elimination of peaks due to unusual circumstances and to reflect family changes or account for natural disasters. Page I - WW Service Charge 1 It is understandable that any program change requires some adjustment during the first year of plan implementation, but very soon the rate issue needs to be finalized so that it will not require changes when the city goes for a bond sale. During and after council's workshop, many other ideas have been brought to council's attention. These include a) water conservation workshop to make people aware of methods of savings; b) making residential customers aware that fluctuation in monthly bills is over and that winter average bill will not vary for the next 12 months even with higher water use during summer; c) making people more aware of the fact that lowering of a bill is possible even after winter average is established by lower three consecutive month average consumption; d) reimbursement to those who lower their average of three consecutive months' consumption; e) residential rates be based on number of people in a unit v~ith certain r~quirements; f) modification of minimum from 500 cft to some other number; g) use flat rate; h) use volume rate; i) subsidize rates using property tax; j) consideration be given based on individual circumstances. FUTURE ACTION: Staff will bring back a modified ordinance based on the final direction from the governing body in the very near future. Since this is a long term, important program, we request that its implementation rules be kept simple. The program should be such that the Department of Environmental Quality will approve it and those who will buy the city's bond will appreciate the city's foresight. 5A GST:Ig Attachment Note: At the request of the Mayor, I am attaching another alternative that applies the minimum charge of $20.20 for 400 cft rather than the current 500 cft of winter water consumption and $2.70 rather than current 83.59 per 100 cft above the minimum. Quick analysis indicates that this rate structure would be revenue neutral other than during the first year of implementation. tNSVCCHG.CC Page 2 - WW Service Charge 15A' MODIFIED Average of 3 out of 4 CURRENT OPTION winter months Cost per unit Cost per unit DIFFERENCE consumption Minimum + $3.59 Minimum + $2.70 (November - March) per 100 cubic feet per I00 cubic feet 400 cf .Minimum __$20.20 0 500 cf Minimum $20.20 $22.90 +$2.70 600 cf $23.79 $25.60 +$1.81 700 cf $27.38 $28.30 +$0.92 800 cf $30.97 $31.00 +$0.03 900 cf $34.56 $33.70 -$0.86 1,000 cf $38.15 $36.40 -$1.75 1,100 cf $41.74 $39.10 -$2.64 1,200 cf $45.33 $41.80 -$3.53 1,300 cf $48.92 $44.50 -$4.42 1,400 cf $52.51 $47.20 -$5.31 1,500 cf $56.10 $49.90 -$6.20 1,600 cf $59.69 $52.60 -$7.09 1,700 cf $63.28 $55.30 -$7.98 1,800 cf $66.87 $58.00 -$8.87 1,900 cf $70.46 .. $60.70 -$9.76 2,000 cf $74.05 $63.40 -$10.65 2,500 cf { $92.001 $76.'901 -$15.10 3,000 cf I $109.95 I ,90.40l -$19.55 NOTE: 100 cubic feet = 748 gallons B:RATEMODB MEMO 15B TO: Mayor and City Council FROM: Chris Childs, City Administrator Ben Gillespie, Finance Director V~V'" SUBJ.: Bankin_~ Services May 9, 1996 DATE: Since April, 1990, the City's banking services have been provided by the Bank of America. This has been a mutually beneficial relationship. However, because business and market conditions can change over time, it is prudent that City staff periodically re-evaluate the market for banking services every three to five years. This is similar to the manner in which the City periodically re-evaluates its insurance coverages and other services received. Accordingly, a Request for Proposals (RFP), a copy of which is attached, was delivered to each bank with a branch in Woodburn. In addition, the RFP was advertised in the Daily Journal of Commerce. Proposals must be submitted by May 27 and will then be reviewed and evaluated by staff, with a recommendation and form of contract to be forwarded to the Council for final approval at a subsequent meeting. Any new contract authorized will be effective July 1, 1996 to coincide with the City's fiscal year. If a bank other than Bank of America is selected, this will allow a limited amount of time for conversion. 15B CITY OF WOODBUEN REQUF~T FOR PROPOSALS BANKING SERVICES May 1, 1996 Information can obt_~ined from Ben Gillespie Finance Department City of Woodbum 270 Montgomery Street Woodbum, OR 97071 (503) 982-$211 I~URPOSE OF REOUEST FOR PROPOSAL: The City of WoOdbum is requesting proposals for Banidng and Ctsh Management Services for the next three to five years, beginning luly 1, 1996 renewable _rrm, rally. The intent of this RFP is to sdect one banking institution which will provide all the ~vices necessary (as desen'bed in further detail in this document) at the most cost eff, eaive and effxient levels for the City. Propo~ Due Dste Contraa Award Contr~ ~sins May 27, 1996 May 31, 1996 luly 1, 1996 SCOPE OF SERVICES: The City of Woodbum expects to woflc with the banking institution as ~des gahed ~om consolidating positions mad eliminating duplicate transaxm~ Chy's perspocaive ~re welcomed. The City also intends to work closely with the banking inaimtion to sutomate and take advantage of new technologies as they become cost effective ~o implement in Woodburm See PROPOSAL FORM for detailed requirements. 15B MU~'IMUM REOUIREMENTS: Must have an office in the City limits of Woodbum Must have an adjusted capital-to assets ratio of 6% Must be able to provide Certificate of Participation as required by O.R.S. 295 of si least $1,500,000 Must be s member of the Oregon Automated Cleating House Association Must have access to the Fedwire system MusI be insured by the Federal Deposit Insurance Corporation Must wsh~sln an account with the Oregon State Treasurer to fac'fliute transfers to tnd from the Local Government Investment Pool Must provide quarterly FFIEC 031 Report of Condition ("Call" report) CONTACT: Ben G/lespie (s03) 982-s2u - (503) 982-5244 SUBMISSION OF PROPOSALS: Sealed proposals (two copies) using the attached "Proposal Fo~m' must be der~tered to the above mentioned conta~ before 3:00 PM on May 27, 1996. Propo~ reedved in response to this RFP will be opened at this date and time. B~uflcs who wish m be present ~ the time will be informed of the number and names of the proposax No othe~ information w~l be made available at that time. 15B ADDENDA TO THE REQUEST FOR PROPOSALS: The provisions of this RFP cannot be modified by oral interpretations or statements. If inquiries or comments by prospective banks raise issues that require clarification by the City, or the City decides to revise any part of this RFP, addenda will be provided to all persons who have requested the RFP. CONTENTS OF PROPOSALS: Proposals must be submitted using the attached "PROPOSAL FORM." Please provide two (2) sets; one original and one copy for the City's use in a sealed package. In addition to completing the "PROPOSAL FORM," please submit the following information in any format: -_. -_. Names of officers and designated account representatives who will be assigned to service the account(s) both at implementation and on an ongoing basis along with a description of each person's experience in servicing these types of accounts. Copies of any contracts the City would be required to sign. * Most recent Annual Report and FFIEC Report of Condition (CALL report). Identification of any information that the bank contends is exempt from disclosure under O.R.S. 192.501 or 192.502. The City reserves exclusive discretion in deter- mining whether such information qualifies for exemption. Any constraints or material pending developments (i.e. mergers) which could affect the bank's ability to perform services as set forth in the response. Three municipal entities for whom the bank has provided like services within the past six months and whom the City may call for references. Most recent F.D.I.C. Community Reinvestment Act examination report. ADDITIONAL INFORMATION: The ~ listed above is the sole point of contact in The City for this RFP. All correspondence pertaining to this RFP should be directed to this department at the address and telephone number listed. EVALUATION CRITERIA: Selection will be based on a number of factors, among them: Least total cost, defined as the lowest combination of maintenance fees, activity costs, and earnings allowance. The costs incurred by the City to change established procedures will also be taken into consideration. The City shall be the sole judge of these cost implications. Financial strength as determined by the City, based upon review of financial statements submitted with the Proposal. 15B * Experience in providing depository services to similar accounts. * Proposal completeness. * Service and deposit ability. * Cost and applicability of optional services. OWNERSHIP OF DOCUMENTS: Any reports, studies, conclusions, and summaries prepared by the bank shall become the property of the City. PUBLIC INFORMATION: All submitted proposals and information included therein attached thereto shall become public record upon their delivery to the City. Historical Activity_ Jan - 96 Feb - 96 Mar - 96 Accounts 4 4 4 Branch deposits 80 70 79 Checks deposited - Oregon 4,212 3,399 3,885 Cheeks deposited Outside Ore 402 347 394 Cheeks paid 694 620 617 Currency deposited $51,920 $47,457 $54,516 Deposited items recleared 8 7 5 Deposited items returned 5 1 1 NSF items 5 1 3 Wire Transfer - Outgoing 1 I 1 W-~re Transfer - Incoming 1 1 1 Stop Payment 0 0 1 15B CITY OF WOODBURN BANKING SERVICES PROPOSAL FORM A COMPLETE DETAILED PROPOSAL MUST BE SUBMITTED WITH THIS PROPOSAL FORM FOR BANKING SERVICES. City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071-4730 RFP: The undersigned hereby submits the following proposal. Proposals submitted will be objectively evaluated from the data submitted by the bank in its propos.al. The successful bidder will be selected from qualified bidders in accordance with the criteria set o.ut in proposal information.. The Ci.ty reserves the right to reject incOmplete or inadequate proposals, and to use its discretion in accepting proposals. NOTE: Any exception to any of the specifications or requirements must be noted in writing, and attached to the bid when submitted. By taking exceptions and clearly stating them in writing on a separate sheet of paper headed "EXCEPTIONS", and by offering alternates to replace the excepted requirements, the bank may still compete in the bidding. Are there exceptions to this bid? YES~ NO Name of Bank Address Telephone Number Name of Representative Title Signature of representative Date: City of Woodburn, Banking Services Proposal Form - Page I of 5 15B PROPOSAL INFORMATION: I. CITY'S BANKING REOUIREMENTS COLLATERAL: The City requires certificates of participation to be on file in the amount of 25% or 110% as appropriate (ORS 295.015-295.018), with the City Recorder equal to the amount of depositeo~-funds in accordance with ORS chapter 295. Securities should be available to secure a minimum of $1.5 million ($1,500,000) of public funds. ~Yes, bank can meet this requirement. BANK STATEMENTS: Bank statements showing daily balances, check numbers in numerical order not by date paid, and the amount paid will be supplied by the bank monthly, using a cutoff date as the last day of the month for all accounts and supplied to the City within seven working days following the cutoff date each month. Checks will be returned in numerical order. Please attach a sample statement. Yes, bank can meet this requirement. INVESTMENT ACCOUNT/INTEREST BEARING ACCOUNT: Capability for zero-balance demand account with selective concentration capability which includes collected balances in excess of compensating balances into a state approved interest bearing investment, Please attach a sample statement, Yes, bank can meet this requirement. ACTIVITY ANALYSIS: An activity analysis will be prepared for each checking account and in the aggregate monthly and supplied to the City within 30 days after month end, (Please attach samPle analysis statement using the historical activity provided in the attachment.) Yes, bank can meet this requirement. City of Woodburn Banking Services Proposal Form - Page 2 of 5 15B WIRE TRANSFERS: Banks will arrange wire transfers of large checks when required. The City uses the State Local Government Investment Pool to receive State revenues, and maintains an account with a varying amount of short- term investment funds at the L.G.I.P. Funds are transferred to/from the Pool by telephone, followed by printed confirmatiom Yes, bank can meet this requirement. PAYROLL DIRECT DEPOSIT: The City is considering automatic direct deposit of payroll through the National Automated Clearing House Association. The funds will be transmitted via a computer readable medium provided by the City or other data processing services as designated by the City. This service is to be in addition to City providing employees with paper payroll checks. Yes, bank can meet this requirement. TESTING,TRAINING, & SET UP: The selected bank will, at their sole expense, provide testing of systems and training of City personnel as may be deemed necessary by the bank and the City. All necessary systems, telephone connections, etc., shall be in place and tested at least ten days prior to implementation date. All training of City personnel shall be completed at least five days prior to implementation date. The selected bank will be responsible to see that all necessary deposit books, bank card supplies, bank bags, and other bank supplies, etc., are delivered to the City at least five days prior to implementation. If any such supplies will be charged to the City, please provide itemized costs belowin the detail fee section. Yes, bank can meet this requirement. City of Woodburn Banking Ser~4ces Proposal Form - Page 3 of 5 REFERENCES: The bank will provide three references the City may contact from other municipalities for whom the bank has provided like services. 15B __Yes, bank can meet this requirement. ANNUAL REPORTS: The bank will provide annual reports and quarterly FFIEC 031 ('Call") reports to the City. ~Yes, bank can meet this requireme~. OVERDRAFTS: In the unlikely event that the City has an overdraft, bank will honor payments. Please indicate overdraft charges below in the detail fee section. Yes, bank can meet this requirement. ACCOUNT ANALYSIS: Banks will utilize analysis, calculating earnings credits used to offset activity charges. Yes, bank can meet this requirement. II. ADDITIONAL SERVICES After completing the forms indicating ability to meet basic needs or suggesting alternatives, you may describe any additional services the bank could provide that might be beneficial to the City. Any feature that is unique to the individual banking institutions should be included here. Please feel free to attach additional pages if necessary. Attachments should be labeled "Additional Services." City of Woodburn Banking Servicee Proposal - Page 4 of 5 CITY OF WOODBURN BANKING SERVICES 15B All Interest and/or earnings shall be expressed as a specific amount or percentage. Rates quoted that are tied to future market conditions (i.e.) three-month T-bill rate} must be recognized, published, and subject top independent verification by the City. Please state for each of the following banking services one of the following: fixed fee and/or per unit fee and/or minimum fee {monthly basis}. Detail required balances. All fees will be asssumed to be on an analyzed basis unless indicated. If additional explanation of fee structure is necessary, please attach such information. Account Reconcilliation: Sorting Listing and/or taping Additional reports Report Requests Balance Reporting: Current balance Detail debit/credits Deposit float Wire Transfer - incoming Wire Transfer - outgoing Account Maintenance: Main Account Sub Accounts ZBA Accounts Currency Deposited Del~osited Items: Interstate Intrastate Deposit Posting Payroll - Direct Deposit ACH Per Transmission Items Paid Returned Items Stop Payment Telephone Transfer Check/Deposit Slip Printing Overdraft Charges Other Charges (Describe} C~ty o~ Woodl:x~m. Bm~Jng ~ Propo~ r-orm MEMO 15C TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager~ ~ Transit System Change May 7, 1996 Staff is planning on a change for Transportation Services operation to be put in place on July 1, 1996 if council approves. The change would be a route modification which staff has been evaluating for some time. The current route is time constrained. To complete the route with normal traffic and without stopping to pickup or unload passengers takes approximately .56 minutes leaving only 4 minutes of the one hour route for passenger pick up and unloading. With the increase in numbers of passengers the bus tends to run late, often as much as 10 to 15 minutes on very busy days. The plan will be to eliminate about three minutes from the route by deleting a portion of the route that produces few passengers. This will allow the bus to run on schedule most routes and reduce the amount of time off schedule at very busy times. Staff is nearing the end of this evaluation and may have the change finalized for approval at the May 20, 1996 council meeting. 15D MEMO TO: FROM: SUBJ.: DATE: Mayor and City Council Chris Childs, City Administrator ~l'~/ Proposed Reduction in $10 Non-School Pro_~erty Tax CaD May 8, 1996 This past Monday (May 6) I was asked by the League of Oregon Cities to provide information concerning the impact of changes in the state's property tax structure that are apparently being contemplated by the Senate Revenue and Tax Policy Committee. My information, along with similar data from other cities, was to be presented at a Committee hearing on Tuesday, May 7, 1996. Fundamentally, the Committee is looking for ways to meet the state's obligations to support public education, with published reports indicating that the state government is facing a shortfall in this regard of over $300 Million. One of the options "on the table" before the Committee is the concept of shifting the existing property tax limit caps of $10/$1,000 for General Government and $5/$1,000 for Schools to $9 and $6, respectively, for General Government and Schools. Legislative revenue officers have estimated that such a shift would make another $23 Million available statewide for additional school funding. The potential impact that such a shift would have on the City of Woodburn could be devastating. Since Woodburn is already under Measure § "compression" in respect to the $10 General Government cap, reducing the cap (the amount shared by the city, county and fire district) would plunge the city exponentially deeper into compression. Based on our projections in respect to the approved Fiscal Year 1996- 97 city budget, such action would reduce property tax dollars now available to the city by some ~. This is 'n~_a.d_{;[L~OJ3_tQ an estimated $135,772 of city levies already lost to compression with the existing $10/$1,000 cap. Councilors and budget committee members can readily see the huge impact that such a shortfall could have on the city's tax-supported funds and programs and ability to provide needed services. Ironically, the concept of shifting the property tax caps as described would also have the effect of raisino property taxes in any areas not under Measure 5 compression. A followup call to the League of Oregon Cities representative, concerning the outcome of the Tuesday hearing, suggested that there was some sympathy on the Committee for those cities already coping with property tax compression. However, 15D Page 2 - Memo/Property Tax Cap Reduction (518/96) the tax cap shift concept is still 'on the table' and it is anticipated that the Committee may be voting on some of the options it is considering on Tuesday, May 14, 1996. As the state continues its search for dollars to meet its obligations to fund education, we need to continue to be mindful_that anothe_r area that could potentially be in jeopardy is the state-shared revenue received by the city and used to help balance our annual budgets. In this regard, we receive a combined total of about $140,000 per year in liquor and cigarette tax apportionments as well es over $70,000 per year in State Revenue Sharing (SRS) funds. These payments come from the state General Fund, which generally represents the state's largest "pot" of discretionary money with which to solve problems such as the education funding issue. Another potentially complicating factor, for both schools, general governments and the state is a proposed new property tax limitation measure sponsored by Oregon Taxpayers United. As you may recall, I described the specifics of this measure in the city's March 5, 1996 Budget Message and noted that it could potentially cost the City of Woodburn some ~700.000 per year. Statewide, the legislative revenue officers estimate that local general governments would lose some $576 Million (in the first two years) and schools would lose some $532 Million (this being above and beyond the $300 Million that the state is presently "searching" for). CITY 270 Montgomery Street · Wooclbum, Oregon 97071 · TDD (503) 982-7433 ° FAX (503) 982-5244 OF WOODBURN (503) 982-5222 15E MEMORANDUM OPINION NO. 96-02 TO: FROM: RE: DATE: EXECUTIVE SESSION GUIDELINES APRIL 30, 1996 BACKGROUND: At the April 8, 1996 City Council meeting, Council President Jennings suggested, with a consensus of the Council, that I provide a "working paper" on executive sessions. This opinion is issued in response to that request. Hopefully, you will find it useful for present and future reference. I will, of course, be available at the Council meeting to answer any of your questions on this topic. MEETING AND NOTICE REQUIREMENTS: Under state law, an executive session is a public meeting. Likewise, it constitutes a meeting, under the Woodburn City Charter. For Charter purposes, an executive session is called in the same manner as any other meeting. It can be called as part of a regular meeting or as a special meeting. As with other meetings, the Charter requires that the Mayor or three City Councilors, call a special meeting. There is no legal requirement that the City Attorney approve the scheduling of an executive session before it is placed on the agenda. However, many times the City Administrator will consult with the City Attorney for legal determination as to whether an executive session can be conducted to discuss certain specific topics. As to the notice requirements, state law applies to all regular, special, and emergency meetings. This notice must be reasonably calculated to give actual notice of the time 15E Page 2 - MEMORANDUM OPINION NO. 96-02 and place for the meeting to interested persons, including the news media· Normally, a meeting cannot be held on less than 24 hours notice. SUBJECT OF EXECUTIVE SESSIONS: The Public Meetings Law authorizes a city to meet in executive session only in specific situations. Executive sessions are normally closed to the public, except for epresentatives of the media. Oregon statutory law enumerates several permissible purposes of executive sessions. Frequently used reasons for going into executive session are as follows: Discioline of Public Officers and Emolovees: A governing body may consider, in executive session, the dismissal or disciplining of a public officer, employee, staff member or individual agent, or hear complaints or charges brought against such a person, unless that oerson reouests an open hearing. Perform, nc, Evaluations of Public Officers and Emolovees: A governing body may conduct an executive session to review and evaluate the job performance of a chief executive officer, pursuant to standards and criteria already adopted by the governing body, unless the oerson bein0 evaluated reouests an ooen hearing. Real Prooertv Transactions: A governing body may go into executive session to deliberate with a persons designated by the governing body to negotiate a real property transaction. Labor Neqotiations: A governing body may hold an executive session for deliberations with a person designated by the governing body to conduct labor negotiations. (The media may be excluded from this type of executive session, at the option of the Council.) Le0al Counsel: A governing body may consult with counsel, in executive session, concerning legal rights and duties regarding current litigation or litigation likely to be filed. 15E Page 3 - MEMORANDUM OPINION NO. 96-02 FINAL DECISION~; ARE PROHIBITED: ORS 192.660(4) provides that "no executive session may be held for the purpose of taking any final action or making any final decision." The purpose of this final decision requirement is to allow the public to know the end result of any executive session. On the other hand, a consensus is often reached in executive session. This is achieved by members of the governing body each expressing their individual views. A consensus can be extremely useful in that it provides authorization for certain intermediate actions on the part of the governing body. Any final decision, however, must be made in an open meeting. In situations where no final decision follows an executive session, the governing body should announce, in open session, that it has reconvened in open session and that no final action is necessary as a result of the executive session. CONSEQUENCES OF. VIOLATING THE EXECUTIVE SESSION LAW: The consequences of violating the Public Meetings Law provisions relating to executive sessions are quite severe. 1. Civil Liability. First, an illegally convened executive session can result in civil liability. A lawsuit could potentially be filed against the city and its officials based upon an alleged violation of the statute. If the lawsuit were successful, the statute provides that "a court may order payment to a successful plaintiff of reasonable attorney's fees at trial and on appeal." 2. Oregon Government Standards and Practices Commission. Second, the Oregon Government Standards and Practices Commission (formerly the Oregon Ethics Commission) also has legal jurisdiction over any potential violations of the executive session law. Notwithstanding any other available emedies, the Commission has the ability to receive a complaint, review minutes and other records, interview witnesses, and perform a general investigation in order to determine if a violation of the executive session law has occurred. If the Commission determines that a violation of the law has occurred, it could 15E Page 4 - MEMORANDUM OPINION NO. 96-02 impose civil penalties not to exceed $1,000 for each instance against the involved public officials. 3. ReDortino bv the Media. Finally, the statute provides that the news media representatives are permitted to report to the public on matters that are discus_s_ed in a closed meeting but that cannot legally be the subject of an executive session. The press is forbidden from reporting on matters discussed in a legally convened executive session. However, a news reporter has the right to disclose matters discussed in a closed meeting if the material cannot legally be the subject of an executive session. A primary purpose of allowing media attendant during executive sessions is to provide a public safeguard to ensure legal compliance. CONCLUSION: I hope that this legal opinion has provided some general information on executive session requirements. I am available to answer any questions in regard to this topic. 15F TO: MEMO Mayor and City Council FROM: Chris Childs, City Administrator Draft Graffiti Ordinance SUBJ.: DATE: May 7, 1996 Attached for your review and discussion is a draft graffiti ordinance. A graffiti ordinance was first discussed and considered by a subcommittee of the Community- wide Gang Forum and the issue was subsequently put on hold pending any related enactments by the 1995 Legislature. The 1995 Legislature passed Senate Bill 343 which created new state law offenses of "Unlawful Application of Graffiti" and "Unlawful Possession of a Graffiti Instrument". While the new statute makes it easier to prosecute those individuals who a_DDIv graffiti, it does not address the subject of graffiti cleanup. The proposed ordinance does primarily address graffiti cleanup. Persons responsible for applying graffiti will be prosecuted pursuant to the new state law. Unfortunately, in most instances, those actually responsible for the graffiti are not apprehended. The ordinance, therefore, makes property owners responsible for graffiti cleanup. Consistent with other city nuisance ordinances, every effort will be made to encourage voluntary compliance. However, the ordinance prescribes a very specific process for dealing with instances of non-compliance. The administration of the ordinance has been thoroughly discussed and evaluated by the City Administrator, Police Chief and City Attorney. The draft ordinance has also been informally circulated to the Gang Forum subcommittee, resulting in several positive comments. It is now essential that staff hear the City Council's input as to the policy aspects involved with such an ordinance. Due to the potential impacts this ordinance may have on some property owners, staff has discussed with Mayor Kirksey the merits of holding a public hearing to allow input from those it may affect. Public hearings per se are not always scheduled in conjunction with each and every ordinance considered. However, the staff/mayor consensus in this case was that a public hearing would be in order and, to expedite the process, we have tentatively scheduled and advertised a public hearing for the May 20, 1996 council meeting. COUNCIL BILL NO. ORDINANCE NO 15F AN ORDINANCE RELATING TO GRAFFITI NUISANCE PROPERTY; PROVIDING FOR NOTICE TO PROPERTY OWNERS; REQUIRING ABATEMENT OF GRAFFITI; PROVIDING FOR REMEDIES; AND DECLARING AN EMERGENCY. WHEREAS, the City Council finds that the presence of graffiti creates a visual blight and property damage; and WHEREAS, the Council further finds that graffiti constitutes a public nuisance and is destructive of the rights and values of property owners as well as the entire community, and WHEREAS, the Council further finds that if graffiti is allowed to remain on property and is not promptly removed, this invites additional graffiti and criminal activity; and WHEREAS, the Council further finds that the continued presence of graffiti encourages gang activity and further acts of graffiti vandalism and defacement; and WHEREAS, the Council further finds that the provisions of this Ordinance do no conflict with any existing anti-graffiti Oregon state laws and that this Ordinance is enacted pursuant to the City of Woodburn's police powers, as specified in the Woodburn City Charter; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. DEFINITIONS: A. "Graffiti" means any inscriptions, words, figures or designs that are marked, etched, scratched, drawn, painted, pasted or otherwise affixed to the surface of property. B. "Graffiti nuisance property" means property to which graffiti has been applied, if the graffiti is visible from any public right-of-way, any other public or private property or from any premises open to the public, and if the graffiti has not been abated within the time required by this ordinance. Page 1 - COUNCIL BILL NO. ORDINANCE NO. 15F property. "Owner" means the legal owner of property or a person in charge of D. "Person in charge of property" means an agent, occupant, lessee, contract purchaser or other person having possession or control of property or supervision of a-construction project. E. "Property" means any real or personal property and that which is affixed, incident or appurtenant to real property, inc_luding but not limited to any premises, house, building, fence, structure or any separate part thereof, whether permanent or not. Section 2. PROHIBITED GRAFFITI. It shall be unlawful for any person to apply graffiti. Section 3. PENALTY. Violation of Section 2 of this ordinance is punishable by the penalty provided by Oregon State Law. Section 4. GRAFFITI NUISANCE PROPERTY. A. It is hereby found and declared that graffiti creates a visual blight and property damage. When graffiti is allowed to remain on property and not promptly removed, it invites additional graffiti, gang activity, criminal activity, and constitutes a nuisance. B. Any property within the city which becomes graffiti nuisance property is in violation of this ordinance. C. Any owner of property who permits said property to be a graffiti nuisance property is in violation of this ordinance. Section 5. NOTICE PROCEDURE. A. When the Chief of Police believes in good faith that property within the city is a potential graffiti nuisance property, the Chief of Police shall notify the owner in writing that the property is a potential graffiti nuisance property. The notice shall contain the following information: (1) The street address or description sufficient .for identification of the property. Page 2 - COUNCIL BILL NO. ORDINANCE NO. 15F (2) That the Chief of Police has found the property to be a potential graffiti nuisance property with a concise description of the conditions leading to this finding. (3) A direction to abate the graffiti, or show good cause to the Chief of Police why the owner cannot abate the graffiti, within ten city business days from the date of the mailing of the notice. (4) That if the graffiti is not abated a~_d good cau_s_e for failure to abate is not shown, the City Council may order abatement, with appropriate conditions, the City Council may also employ any other remedy deemed by it to be appropriate to abate the nuisance, including but not limited to authorizing a civil complaint to be filed in a court of competent jurisdiction. (5) That permitting graffiti nuisance property is a Class I civil infraction. (6) That the above remedies are' in addition to those otherwise provided by law. B. Service of the notice is completed upon mailing the notice by first class mail, postage prepaid, addressed to the owner at the owner's last known address. C. A copy of the notice shall be served on occupants of the property, if different from the owner. D. The failure of any person or owner to receive actual notice of the determination by the Chief of Police shall not invalidate or otherwise affect the proceedings under this ordinance. Section 6. ABATEMENT PROCEDURES A. Within ten business days of the mailing of the notice the owner shall abate the graffiti or Show good cause why the owner cannot abate the graffiti within that time period. B. Upon good cause shown, the Chief of Police may grant an extension not to exceed ten additional city business days. C. If the owner does not comply with the provisions of this ordinance, the Chief of Police may refer the matter to the City Council for hearing as a part of its regular agenda at the next succeeding meeting. The City Recorder shall give notice Page 3 - COUNCIL BILL NO. ORDINANCE NO. 15F of the hearing to the owner and occupants, if the occupants are different from the owner. D. At the time set for a hearing, the owner and occupants may appear and be heard by the City Council. E. The City Council shall determine whether the property is graffiti nuisance property and whether the owner has complied with this ordinance. F. The city has the burden of proving by a prel~onderance of the evidence that the property is graffiti nuisance property. G. The owner has the burden of proving by a preponderance of the evidence that there is good cause for failure to abate the nuisance within ten city business days of the mailing of the notice. Section 7. REMEDIES OF THE CITY A. in the event that the City Council determines that the property is graffiti nuisance property, the City Council may order that the nuisance be abated. This order may include conditions under which abatement is to occur. B. The City Council may also employ any other legal remedy deemed by it to be appropriate to abate the nuisance, including but not limited to authorizing the filing of a civil complaint in a court of competent jurisdiction. C. The remedies provided in this section are in addition to those otherwise provided by law. Section 8. ABATEMENT BY THE CITY. If the owner fails to abate the nuisance as ordered by the City Council, the city may cause the nuisance to be abated as provided in the City Nuisance Ordinance, Ordinance No. 1616. Section 9. 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 Mavor. Approved as to form: City Attorney Date APPROVED: Nancy A. Kirksey, Mayor Page 4 - COUNCIL BILL NO. ORDINANCE NO. 15F 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 5- COUNCIL BILL NO. ORDINANCE NO. MEMO TO: FROM: SUBJECT: DATE: Community Development Director Bob Arzoian, Building Inspector ~,4 Building Activity for APRIL, 1996 May 1, 1996 15G New Residence Value Multi Family Residential Adds & Airs Industrial Commercial Value Signs, Fences Mobile Homes APR 1994 No. Dollar Amt 3 357,121 0 0 8 23,230 I 58,000 0 0 I 700 I 36,000 APR 1995 APR 1996 No. Dollar Am~; NO. Dollar Amt I 107,100 4 461,864 0 0 0 0 7 59,500 13 80,971 I 100,000 0 0 2 467,000 0 20,000 7 15,950 4 9,800 5 215,20 7 261,899 TOTAL: 19 545,851 23 964,759 21 834,534 July 1-June 30 Fiscal Year-to-Date $19,465~455 .~14r 359 f819 $14r339~468 Robert Arzoian Building Official RS:bw 8O4 C on June 13, 1995 The Raven Inn, Inc. Tina Wiltsey, Corporate Officer 262 N. Pacific Hwy. Woodbum, OR 97071 LIQUOR 'CONTROL COMMISSION RMB - GRANT REMOVAL OF RESTRICTION WITH CONDITION Re~ THE RAVEN INN 262 N. Pacific Hwy, Woodbum Dear Ms. Wiltsey: In grating this request we urge you to continue to work with the Ci~ of Woodbum and Woodburn Police Chief Wright ~d be responsive to their concerns. We also caution you about operating as you proposed and following the revised Compliance Plan. If you have any que.stions, please contact Inspector Mike Schnoebelen in OLCC's Salem office at (503) 378-4871. License Program Technician c: Michael Mills, Attorney at Law City of Woodbum Regional File M. Schnoebelen File KK:ravcn.doc March 4, 1995: May 15, 1995: May 18, 1995: June 13, 1995: August 17, 1995: September 30, 1995: October 6, 1995: October 31, 1995: November 2, 1995: November 27, 1995: November 28, 1995: November 29, 1995: November 29, 1995: November 30, 1995: November 30, 1995: December 6, 1995: December 7, 1995: January 1, 1996: January 17, 1996: January 21, 1996: January 25, 1996: January 26, 1996: February 1, 1996: I~VEN INN TAVEI~ 2995 S~Y Employee Meeting Employee Meeting OLCC met with employees Removal of Restriction OLCC with Condition Employee Meeting Employee Meeting Employee Meeting Employee Meeting Employee Meeting Called Mike Schnobelon from OLCC to schedule class for employees. Called Chief about police calls. Ken Wright informed me of problems (Kit Cummings). Scheduled class with Mike S. from OLCC Emergency meeting with Raven Employees Employee Meeting Meeting with Mike S, he gave me a list of things to do List of steps to improve Raven Mike S. from OLCC met with Raven employees Letter from Mills to Chief Wright & Cheryl Gettis Received letter from Cheryl Gettis Employee Meeting Met with Lt. Eubank, went over incidents Removed pay phone Emergency Meeting Rave, more steps to control problems ONE STOP AUTO PARTS 222 NORTH PACIFIC HWY WOODBURN, OR 97071 503/981-5252 Mr. Ken Wright Chief of Police City of Woodbum 270 Montomory Strcct Woodburn Or. 97071 5/08/96 Dear Sir: This letter is to authorize Ms. Tina Wiltsoy, owner of thc Raven Taveng and her on duty employees, to have persons arrested on our prmnesis located at 222 N. Pacific Hwy. This oov~rs the hours of:: Monday thru Friday 7PM thru 7AM; Saturday 6PM thru 10AM and Sunday 4PM thru 7AM. Wc fccl that this will help in reducing crime and violcncc in our city. The Raven Inn, Inc. 262 North Pacific Highway Woodburn, OR 97071 Woodburn Police Department 270 Montgomery Street Woodburn, OR 97071 RAVEN INN COMPLIANCE ACTION PLAN , 1996 o o I will schedule a compliance plan class for all employees quarterly, and will hold semi- monthly meetings with my employees to cover the laws, house policies, and patrons involved in drug or other unlawful activity. Manager and Wiltsey will meet once weekly to discuss problems occurring in the tavern. I will post warning signs against drug activity and patrons leaving premises twice. I will post a warning sign stating that any previously 86'd patrons entering the establishment will be arrested immediately for trespass. There will be a signed posted on each bathroom door, in English and Spanish, that indicates that only one person at a time is allowed in the bathroom. There will be three signs inside the premises. One visible when entering the premises, one on the inside of the front door visible when leaving, and one visible above the cash register. These signs will be in English and Spanish and will indicate that no drug dealing or illegal activity is allowed on the premises and that the premises invites undercover police officers to work the area for illegal drug activity. I will coordinate live music with the Police Department by notifying them at least three days in advance of such live music. I will stop all incoming patron phone calls, except for emergency calls. I will keep a patron daily incident log on customer activity. I will log any barred customers, any customers who cause a disturbance, or any customer observed engaged in illegal drug activity, or who enter the premises intoxicated. Employees will be given a current list of 86'd customers, including the earliest readmittance dates, and such list will be kept on the premises at all times. The incident log will include the time of the incident, the date, the type of incident, the description and/or name of the person or persons involved and any action taken by management, employees or the licensee. A designated management person, approved by the Oregon Liquor Control Commission, will be at the licensed premises for a total of 50 hours weekly to monitor employees and patrons. During this 50 hour week, The designated management person will be at the premises a minimum of 5 hours Friday or Satu~-day night one week night between 7:00 p.m. and 11:00 p.m. I will bar any patrons who are reasonably suspected of, or observed engaged in, illegal drug activity, who cause or initiate fights, create disturbances or trespass upon the premises, and will notify the police of any observed drug activity. Barred patrons will only be readmitted upon the terms and conditions of the 86 policy for the premises, or upon review and decision by Tina Wiltsey. Raven Inn Compliance Action Plan (5-96) 1 of 3 10. 11. 12. 13. 14. 15. Employees will sign citizen arrest forms when police are called for fights, disturbances and trespassing patrons, and notify the police of any suspected drug activity. Employees who knowingly violate house policies, OLCC laws and administrative rules, state statutes in the course of business will be terminated. I will hold reasonable meetings with Woodburn Police Department command staff on an "as needed" basis if problems arise. The Police Department will provide a list of calls to date. If requested, a qualified designated manager will also meet with police. I will constantly monitor rest rooms on a regular basis to prevent drug activity and use, and not allow more than one person at a time in the rest rooms. Persons deliberately disregarding our rest rooms policy will be 86'd for a minimum of ten days. Licensee will observe restrooms for excessive use and will check the restrooms for drug paraphernalia, drug residue, and other signs of illegal drug activity and will try to identify the patrons involved. The restrooms will be checked two times per hour. I will thoroughly screen new hire employees by checking their background as follows: * Check with previous employer to the extent that the law allows. * Check with the Woodburn Police Department I will have a designated employee who is fully responsible for the bar available either on premises or on call at all times. The following policy plan is adopted as part of the Compliance Plan * I.D. any patron who appears 30 or younger. * Don't admit any intoxicated persons into the premises. * Cut off anyone showing signs of intoxication, 86 them if they get out of control and call the police. When police are called, bartender must sign citizen's arrest card. Pay phone removed. No one is allowed to use premises phone unless an emergency. Don't deliver message to patron who gets repeated incoming calls. Anyone causing or initiating a fight or assault is "86ed" for life. A patron who leaves twice is not allowed back in the premises for the night. One patron in rest room at a time. Check rest rooms out after patron repeatedly uses rest room. Employee is to check out patrons exchanging money. If patron doesn't explain exchange satisfactorily, he's "86ed". When two employees are on shift, one is to check the parking lot regularly. They will observe whether or not patrons are engaging in illegal activity, drug activity Raven Inn Compliance Action Plan (5-96) 2 of 3 or drinking in their cars. The parking lot will have a larger flood light added for additional lighting capacity. * Anyone operating karaoke cannot drink. * No one behind the bar after drinking alcoholic beverages. * Cellular phones are not welcome. * When police come into the premises, they are to be treated with respect. Any patron who gets out of line and is confrontive with police will be "86ed." Tina Wiltsey will be on the premises between 30 and 40 hours per week; will be on the premises on Friday nights during the busy hours, and any other time when there is normally a high number of patrons. 16. Tina Wiltsey, Corporate Principal The Raven Inn Date: Ken Wright, Chief of Police Woodburn Police Department Date: Raven Inn Compliance Action Plan (5-96) 3 of 3 32. 33. 34. 35. 36. 37. 38. -7- activity, fights and other disturbances. The restrictions were removed because the licensee had a good compliance record, no drug activity and reduced incident levels in the previous two year period. Licensee has removed the pay phone from the premises after a 1-25-96 conversation with Woodburn police Lieutenant Ubank. Licensee repaired the emergency bar on the rear East exit door and required employees to set the alarm on this door at 6 p.m. daily. Tine Wiltsey states that this will correct the situation of potential problem patrons leaving and returning by this exit. Licensee stopped reduced price happy hour beer on Tuesday nights. Licensee permanently barred patron Kit Cummings on or about 11-30-95 after she discovered that he was involved in drug activity in the premises and arrested for distribution of drugs. The licensee requested a recent compliance law presentation for all her employees. I gave a compliance presentation on 12-07-95 to the licensee and all employees. I have made 13 unannounced observations of the premises and patrons over the past twelve months and have observed no problems with patrons or employees. Manager John Nienstadt made an undercover observation of the premises on 1-19-96. Manager Nienstadt observed no problems and stated that the employees appeared to have the premises under control. Licensee submitted a policy plan on 4-11-96 for all employees to sign and follow. Highlights of the plan are as follows; I.D. any patron who appears 30 or younger. * Don't admit any intoxicated Derson~ into the premises. Cut off anyone showing signs of intoxication, 86 them if they get out of control and call the police. When police are called bartender must sign citizen's arrest card. Pay phone removed. No one is allowed to use premises phone. Don't deliver message to patron who gets repeated incoming calls. -11- This new commitment by the licensee appears to be more successful in the last four months in curbing illegal activities and disturbance at the premises. The premises did not have any drug related incidents in the last six months and no fights or disturbances in the last three months. The fact that an under cover police agent was recently 86ed from the premises by bartender Glenna Pendleton (fact #42) is evidence that the licensee and employees are seriously committed to controlling the problem. The licensee at tame has shown a willingness and ability to handle problem patrons and illegal activity in the past via compliance plans and license restrictions. The question is whether the licensee can continue to demonstrate a willingness and ability by completely adhering and using a similar plan. The Commission has renewed a license despite a history of disturbances at the premises where the licensee had taken successful efforts to control the problem/The Commission imposed a number of conditions on the renewal. S~ortsman Tavern, OLCC- 87-L-013, June 1988. i-~-elieve the licensee has taken a number of steps to reduce the level of incidents at the premises. The intermittent nature of the occurrence of incident levels over the last two or three years is an indication that the licensee has reduce problems in the past (Only four incidents during the 1994/95 license year) but only under the deterrent of license restrictions. The issue is whether the licensee can continue to demonstrate a willingness and ability to continuously control patrons who cause problems in or around the premises. I believe that the licensee's new plan and commitment is a demonstration of a renewed willingness and ability to control problem patrons at the premises. I therefor recommend that the licensee receive a Warning and that the Raven Inn license be renewed. The Commission should also consider the reimposition of license restrictions as an option and this may be the added impetus the licensee needs to control and reduce the incidents at the premises. Michael Schnoebelen, Compliance Inspector