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Agenda - 04/24/1995 CITY OF WOODBURN 270 MONTGOMERY STREET ***° WOODBURN, OREGON AGENDA WOODBURN CITY COUNCIL APRIL 24, 1995 - 7:00 P.M. A. Council minutes of March 20. 1995 workshop with the Wastewater Advisory Committee and April 10, 1995 regular and executive session. B. Planning Commission minutes of March 23, 1995. C. Recreation and Park Board minutes of April 10, 1995. A. APPOINTMENTS: B. ANNOUNCEMENTS: May 8, 1995 - City Council Public Hearing: May 8, 1995 - City Council Public Hearing: Wastewater Facilities Plan. Woodburn Fertilizer Zone Change and Comprehensive Plan Amendment. May 22, 1995 - City Council Public Hearing: City Budget for 1995-96. C. PROCLAMATIONS- PEACE OFFICER MEMORIAL WEEK - MAY 14 - 21, 1995 A. Chamber of Commerce B. Other Committees ~"~'il-~"~u~i~"{~"J~i~ice Items for Council consideratJon not already scheduled on the agenda.} A. Northwest Natural Gas Utility Use Fee. A. Renewal of City membership in C.O.G. 3A 3B 3C 4c 9A Page I - Council Agenda, April 24, 1994 A. Council Bill No. 1621 - Resolution entering into work.site agreement with Mid-Willamette Jobs 'Council. 10A Council Bill No. 1622 - Resolution calling for e public hearing on May 22, 1995 on the annexation of property located west of Boones Ferry Rd and north of Country Club Road. (Heritage Park) Council Bill No. for City boards, Council Bill No. from the estate 1623 - Resolution adopting an attendance policy commissions, and committees. 1624 - Ordinance making an appropriation for a bequest of Martha Eisenegger. E. Council Bill No. 1625 - Resolution approving art donation agreement. F. Rejection of bid for used pickup. G. Liquor license transfer: Senior Estates Golf & Country Club Restaurant. H. Cinco De Mayo sound amplification amendment. 13. ~ 14. ~ ..... A. Project status: Settlemier Street resurfacing. B. Project status: Country Club Road realignmentZEvergreen Road extension ~ C. Oregon Library Association Children's Services Improvement Grant. 17. ~ To consult with counsel concerning the legal rights and ~"~a-'~'~'JJ'~-'i~'(~y with regard to current litigation or litigation likely to be filed. ORS 192.660(1)(h) lOB 10C 10D 10E 1OF 10H 15A 15B 15C Page 2 - Council Agenda, April 24, 1994 TAPE READING 000! 0OO3 3A COUNCIL WORKSHOP .MEETING MINUTES March 20, 1995 DATE. COUNCIL CHAMBER~t CITY ~ALLt CITY OF WOODB~RN~ COUNTY OF MARION, STATE OF OREGON, MARCH 20~ 1995. CONVENED. At 7:05 p.m., the workshop convened for the purpose of meeting with the Wastewater Advisory Committee to discuss user rates. ROLL CALL. Mayor Kirksey Present Councilor Chadwick Present Councilor Figley Absent Councilor Hagenauer Absent Councilor Jennings Present Councilor Pugh Absent Councilor Sifuentez Present Staff Present: City Administrator Childs, Public Works Director Tiwari, Wastewater Supt. Sinclair, Asst. City Engineer Morrison, Public Works Secretary Gerstner Theworkshop minutes prepared by Public Works Secretary Lynn Gerstner for the Wastewater Advisory Committee are attached as a summary of the discussion held during the workshop. The workshop concluded at 9:08 p.m.. APPROVED. NANCY A. KIRKSEY, MAYOR ATTEST. Mary Tennant, Recorder City of Woodburn, Oregon Page i - Council Workshop Meeting Minutes, March 20, 1995 WASTEWATER ADVISORY COMMITTEE MINUTES OF MARCH 20, 1995 WORKSHOP wi CITY COUNCIL CITY COUNCIL CHAMBERS 3A Members Present: Scott Burlingham, Chairman Preston Tack Gil Flaugher Rich Barstad Walt Lawson Forest Mills JoAnn Bjelland G.S. (Frank) Tiwari Marv Shelby Council Members Present: Public Information: Staff: Richard Jennings Mary Chadwick Elida Sifuentez Nancy Kirksey Barbara Lucas Frank Sinclair Dean Morrison Chris Childs Consultants: Daria Wightman, CH2M Hill Bob Tomlinson, CH2M Hill Chairman Scott Burlingham opened the Wastewater Advisory Committee meeting at 7:05 p.m. Gil Flaugherl Rich Barstad motioned and seconded approval of minutes of March 9, 1995. Motion passed unanimously. Frank Tiwari said that a memo from Terry Will, addressed to the city council, was forwarded to all councilors and committee members along with the agenda and minutes of last meeting. A sign-up list was distributed for attendance at the Wastewater Open House. Daria Wightman had updated the Executive Summary of the draft facilities plan to include comments offered at the March 20 Wastewater Advisory Committee meeting along with a site plan. City Council members had received copies of the Wastewater Facilities Plan, Volumes I, II and II, at the March 13 council meeting. The final facilities plan will be submitted to DEQ by July 18, 1995. If regulatory agencies' approval is obtained by January 1996 and design is completed by July 1997, construction may begin in 1997, and the first phase could be in operation by late 1999. The estimated cost of these facilities is divided into two phases. Phase I estimated costs (in 1998 dollars) are $38.3 million; Phase 2 estimated costs (in 1998 dollars) are $11.9 million. A 3.4 percent growth projection has been approved by the Wastewater Committee and City Council. The city has planned for treatment of septage from the Pudding River Regional Service Area. The Pudding River is a water-quality-limited stream. Total maximum daily loads are set for the Pudding River and waste load allocations are set for the Woodburn treatment plant.*. Effluent ammonia limits vary with Pudding River flow. Page 1 - WVV~ADVCOM\MIN03-20 3A Daria explained the recommended wastewater management program and explained the facilities needed for the City of Woodburn. The plant improvements, other than the poplar tree plantation, would be made within the existing plant site, so no adverse environmental impacts are expected. The present plant had adequate hydraulic capacity. Due to higher than anticipated commercial and industrial loads, BOD occasionally exceeds the plant's treatment capability. The rotating biological contactor (RBC) process does not effectively treat the current BOD load. The RBC units are showing evidence of deterioration. Dean Morrison explained the collection system. Woodburn has 58 miles of sewer lines valued at $10.6 million. There are ten pump stations presently and six will be abandoned or upgraded. Rainier and Mill Creek will be upgraded. The system currently serves about 2,087 acres and will eventually serve an estimated 4,913 acres. Phase I improvements will include Mill Creek Pump Station rehabilitation and construction of a southwest sanitary sewer, southeast sanitary sewer, and north sanitary sewer. The project cost is estimated at $3,555,500 and Phase II at $2,283,000. Councilor Jennings thought that two user classes had been decided on at a previous meeting. It was pointed out that there had been two residential classes, single family and multi-family residential, but these had been combined to form a residential class. Bob Tomlinson, in summarization of rates, explained that after doing a cost of service rate analysis, costs were assigned to functional classes (flow, BOD, TSS). Then, those costs were allocated to customer classes and rates were designed for each customer class. First phase of rate methodology is to identify costs and determine revenue requirements thai'- need to be recovered through rates. For the five-year rate setting period under consideration $16,500,000 will be collected through rates, $4.6 million will be generated by systems development charges, and $0.8 million in interest on investment. Debt service cost is projected at $13.6 million. The,rate structure chosen by the committee was the volume rate plus minimum service charge. Brian Conroy, of Kerr Concentrates, had inquired whether future five-year increases would be similar to the first five-year increase. It was stated that with annual growth of 3.4% and 4% annual inflation, rates for the 2000-2005 period would be 22-25% higher than rates for 1995- 2000. There was lengthy discussion on rate design, but general concensus developed that residential, commercial and industrial customers must carry their share of the load. Frank Tiwari said that the city wil be testing the concentration of waste in commercial, residential and laundromat sewage samples to better determine the impact these sewer users have on the system. This testing is expected to last until July, 1995. Council may want to delay the rate increase proposed for July, 1995 until test results have been appraised. This obviously will require a slightly higher rate depending on the amount of delay in implementation time. It was noted there was little difference between rates paid by Iow-volume residential sewer users and Iow-volume commercial. It was suggested laundromats may be placed in the industrial user category because they generate large volumes of wastewater, but their concentration of waste is lower when compared to other commercial users like restaurants. Page 2 - WW~ADVCOM\MIN03-20 Walt Lawson and Dick Jennings shared comments they had received. While willing to pay their fair share, residential users do not want adjustments to commercial and industrial rates made at their expense. There have been complaints from industrial and commercial users on their posed rate increases, but it was also noted that with the present rate methodology, the residential user would no longer be subsidizing the commercial and industrial .user as may have been done in the past. Walt Lawson asked if the Council would stipulate that income from the poplar tree harvests be used to reduce sewer rates. It was noted the first crop may not be harvested for ten years and there is possibility of a crop failure. Mayor Kirksey expressed that ratepayers have a right to expect revenues from the project will be used to adjust their sewer rates. Preston Tack/ Gil Flaugher motioned and seconded the Wastewater Advisory Committee requested Woodburn City Council stipulate the net return received from poplar trees go toward adjusting sewer rates. Motion passed unanimously. Gil Flaugher/Preston Tack motioned end seconded recommending the Woodburn City Council send $2,240 to the Pudding River Basin Water Resources Development Association as the City's membership in the organization. Motion passed unanimously. The next meeting will be a workshop with the city council on April 18, 1995 at 7:00 p.m. Frank Tiwari/Walt Lawson moved to adjoum. Meeting adjourned at 9:08 p.m. Page 3 - WW~DVCOM\MIN03-20 COUNCIL MEETING MINUTES April 10, 1995 TAPE READING 0001 DATE. COUNCIL CH~IBERS, CITY H~LL, CITY OF WOODBURN, COUNTY OF M~RION~ STATE OF OREGON~ APRIL 10~ 1995o CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kirksey presiding. 0006 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kirksey Chadwick Figley Hagenauer Jennings Pugh Sifuentez Present Present (7:05 pm) Present Present Present Present Present Staff Present: City Administrator Childs, city Attorney Shields, Public Works Director Tiwari, Police Chief Wright, Community Development Director Goeckritz, Park Director Holly, Finance Director Gritta, Library Director Sprauer, Public Works Manager Rohman, City Recorder Tennant 0023 MINUTES. JENNINGS/FIGLEY .... approve the regular and executive Council minutes of March 27, 1995; and accept the Library Board minutes of March 29, 1995. The motion passed unanimously. 0029 APPOINTMENTS. Mayor Kirksey reminded the Council that she is in need of completed applications from citizens interested in serving on the Human Rights Commission. Additionally, there is a vacancy on the Cable Advisory Committee and she encouraged interested citizens to apply. ANNOUNCEMENTS. The Budget Committee will continue the hearings process for the 1995-96 city budget on Tuesday, April 11, 1995, 6:30 p.m., in the city Hall Council Chambers. The Transportation Task Force will host an Open House at the French Prairie Middle School on Thursday, April 13th, from 4:00 p.m. until 8:00 p.m.. The City Council will hold a joint workshop with the Wastewater Advisory Committee on Tuesday, April 18th, 7:00 p.m., in the City Hall Council Chambers. The April 17th Council workshop concerning a second I-5 interchange was canceled. Page 1 - Council Meeting Minutes, April 10, 1995 COUNCIL MEETING MINUTES April 10, 1995 TAPE READING 0071 PROCLAMATION - NATIONAL LIBI~RYWEEK. Mayor Kirksey proclaimed April 9 -15, 1995 as Woodburn Library Week and urged the local citizens to become familiar with the local library resources in their search for information. She also expressed her appreciation to the Library staff for their work in making our Library a place to be proud of within our community. 0145 CR~BER OF COMMERCE REPORT. Jane Kanz, Executive Director, stated that the monthly forum will be held on Wednesday, April 19th, at Yun Wah's Restaurant. Guest speaker will be John Safstrom from the Council of Governments who will talk about how to accept Business Loan Programs. On April 21st, the Chamber, in partnership with the Woodburn Fire District, will sponsor its annual Casino night. Tickets are available at the Chamber office. In regards to the traffic congestion on Highway 214 near Fairway Plaza, she suggested that 1) additional signage be placed in the area to apologize for the inconvenience and/or 2) a flagger or some other alternative method be used to direct traffic in a more orderly flow during construction hours. She also suggested that a workshop be held with the businesses in that area to bring them up-to-date on the Transportation Plan. The businesses have been advised of the Open House on April 13th, however, she felt it would be positive public relations to meet with them specifically on the transportation issues affecting them in the I-5/Hwy. 214 interchange area. Councilor Jennings stated that he had met with Ms. Kanz earlier and it was suggested that, to improve communications, 2 members of each the City Council, staff, and Chamber Board should meet to discuss what is being planned as it relates to Transportation. 0276 LETTER FROM WOODBURN DOWNTOWN ASSOCIATION. A letter was received from the Association supporting the Council goal to clean up the alleys in the downtown area and to utilize city gas tax funds to finance this project. 0303 CONTINUATION OF PUBLIC HEARING - ANNEXATION ~95-01, COMP~;~ENSIVE PLAN AMENDMENT ~95-01, AND ZONE MAP AMENDMENT ~95-01 (D&VIDSON FARMS, INC). Mayor Kirksey continued the public hearing at 7:13 p.m.. Community Development Director Goeckritz briefly reminded the Council that the application involved the annexation and expansion of the current Urban Growth Boundary by approximately 19.6 acres and provided for a zoning map amendment from County EFU to City Light Industrial. The hearing had been continued from March 27, 1995 for the purpose Page 2 - Council Meeting Minutes, April 10, 1995 TAPE READING 0469 0654 COUNCIL MEETING MINUTES April 10, 1995 of allowing the applicants additional time to respond to concerns addressed by ODOT, LCDC, and the County Transportation Department. The Director submitted Exhibit 6 (letters from State and County agencies which came in just before the March 27th hearing date) and Exhibit 7 (Inventory Potential Lands Available for Industrial Conversion within the City of Woodburn) into the record. He stated that the applicant did extensive research on the question of whether or not the existing vacant lands within the City could be used for industrial without involving the expansion of the Urban Growth Boundary. Director Goeckritz also stated that staff agrees substantially with the overall conclusion that the City is in need of additional industrial land and the City should not look at rezoning current land in order to make more industrial land available within the current Urban Growth Boundary. The study also concluded that city-wide the Urban Growth Boundary should be expanded to accommodate the need for available industrial land. Director Goeckritz reminded the Council that the Planning Commission has approved the applicant's request with conditions. Dan Ritter, Attorney representing Davidson Farms, Inc., stated that the study was done in response to LCDC's request that the applicant research the existing underdeveloped land within the City to see if other land can be rezoned to industrial. He stated that the 19.6 acre parcel is not a farm resource due to the small size of the parcel and the location of a ditch on the property can be bridged over and incorporated into an industrial campus design. Since there were no other proponents or opponents wishing to speak on this issue, Mayor Kirksey declared the hearing closed at 7:24 p.m.. JENNINGS/PUGH .... approve the request by Davidson Farms Inc. as approved by the Planning Commission and direct staff to draft an ordinance with findings in favor of the Annexation, Comprehensive Plan amendment, and Zoning Map amendment. The motion passed unanimously. PUBLIC HEARING - 1994-95 SUPPLEMENTAL BUDGET. Mayor Kirksey declared the public hearing open at 7:26 p.m.. Administrator Childs stated that the Budget Committee has recommended the approval of the 1994-95 supplemental budget. In summary, the proposed supplemental budget provides for the increase of increase in budget revenues and expenditures within the City Hall Construction Fund, 2) the adjustment of 9-1-1 Development operating contingency funds to the Communications Equipment capital outlay line item, and 3) the adjustment of Library Endowment operating contingency funds to Building Improvement capital outlay line item. Page 3 - Council Meeting Minutes, April 10, 1995 TAPE READING 0795 0824 0861 O885 0917 COUNCIL MEETING MINUTES April 10, 1995 No one in the audience spoke either for or against the proposed supplemental budget. Mayor Kirksey declared the hearing closed at 7:30 p.m.. COUNCIL BILL 1617 - ORDINANCE ADOPTING A SUPPLEMeNTaL BUDGET FOR FISCAL YEAR 1994-95. Council Bill 1617 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 1617 duly passed with the emergency clause. COUNCIL BILL 1618 - ORDINANCE ~TENDING THE WOODBURNAMBULANCF FRARuaXSE TO JULY 31t 1995. Council Bill 1618 was introduced by Councilor Hagenauer. The two readings of the bill were read by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1618 passed unanimously. Mayor Kirksey declared the bill duly passed with the emergency clause. COUNCIL BILL 1619 - RESOLUTION AUTHORIZING AN AGREEMENT WITW HARRIS & EIDEr CPA~ FOR AUDIT SERVICES. Councilor Hagenauer introduced Council Bill 1619. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. The Mayor declared Council Bill 1619 duly passed. COUNCIL BILL 1620 - RESOLUTION APPROVING THE TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL Y~R 1994 95. Council Bill 1620 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. Councilor Jennings stated that the transfer of these funds is for the specific purpose of paying for the City's membership in the Pudding River Basin Water Resources Management Association. On roll call vote for final passage, Council Bill 1620 passed unanimously. Mayor Kirksey declared the bill duly passed. REQUEST FOR SOUND ~DLIFICATION PERMIT - P.C.U.N.. Pineros y Campesinos Unidos de Noroeste (P.C.U.N.) has submitted a letter requesting a sound amplification permit for Sunday, April 30, 1995, 1:00 pm - 5:00 pm, for the purpose of addressing the participants in their 10th annual membership convention. This event will take place at 300 Young Street in Page 4 - Council Meeting Minutes, April 10, 1995 TAPE READING 0934 0959 1112 COUNCIL MEETING MINUTES April 10, 1995 one of their parking lots either to the south or east of their building. Staff recommended that the request be granted. JENNINGS/FIGLEY .... follow the recommendation of the Police Chief and grant the request by Northwest Treeplanter and Farmworker's United (P.C.U.N.), 300 Young St., to use sound amplification equipment on Sunday, April 30, 1995, from 1:00 p.m. to 5:00 p.m.. The motion passed unanimously. REQUEST FOR SOUND AMPLIFICATION pEI~IT - CHEMEKETA COI~UNIT¥ COLLEGE. Chemeketa Community College, Woodburn Center, has requested a sound amplification permit for their Cinco de Mayo celebration to be held on Thursday, May 4th, from 6:00 pm to 10:00 pm. Chief Wright recommended that the permit be granted for the hours of 5:00 pm to 9:00 pm. JENNINGS/FIGLEY .... follow the recommendation of the Police Chief and authorize the sound amplification permit at Chemeketa Community College, 120 E. Lincoln St., on Thursday, May 4, 1995, from 5:00 p.m. to 9:00 p.m.. The motion passed unanimously. PROPOSED NORTHWEST NATURAL GAS UTILITY IMPACT FEE HE~%RING. Administrator Childs recommended the scheduling of a public hearing on April 24, 1995, to receive input from citizens on the issue of establishing a utility impact fee (privilege tax) on gross revenues of Northwest Natural Gas Company generated within the City. The proposed 2.0% fee would be dedicated toward street funding improvements and is similar to the fee on Portland General Electric's gross revenues which has been in place since January 1994. Discussion was held regarding the need for a public hearing since a hearing's process was not held when the utility impact fee was imposed on PGE customers. JENNINGS/PUGH .... schedule a public hearing for Monday, April 24, 1995, 7:00 p.m., to take testimony on the Northwest Natural Gas utility impact fee. The motion passed unanimously. RENEWAL OF MEMBERSHIP IN THE COUNCIL OF GOVERNMENTs. Discussion was held regarding the reasons for the initial withdrawal from COG during fiscal year 1994-95 and the types of services that can be provided to the City as members of the organization. Mayor Kirksey stated that she has been invited to, and attended, recent COG meetings even though Woodburn is not a member of COG and that involvement of the Mayor in COG will produce results. The estimated membership cost is $5,433 for fiscal year 1995-96. It was the consensus of the Council to request Alan Hershey, COG Executive Director, to attend the next regular Council Page 5 - Council Meeting Minutes, April 10, 1995 COUNCIL MEETING MINUTES April 10, 1995 TAPE READING meeting to give a very brief overview of COG and what it can do for the City. JENNINGS/FIGLEY .... table this item and request Alan Hershey to attend the next regular Council meeting. The motion passed unanimously. 1349 BID AWARD - WATER SLIDE FOR SWIMMING POOL COMPLEX. Bids for a 50 foot single loop water slide were received from the following vendors: N.J. Burns Company, $41,500.00; and White Water, $46,059.00. Since both bids meet the project specifications, staff recommended the acceptance of the iow bid from N.J. Burns Company. JENNINGS/SIFUENTEZ .... award the water slide bid to N.J. Burns Company in the amount of $41,500.00. The motion passed unanimously. 1364 DANGEROUS BUILDING UPDATE - 347 N. FRONT ST (SALUD BUILDING}. A1 Nunez, Executive Director, stated that he is still trying to reach Realtor Curt Arthur of Coldwell Banker to obtain a status on potential buyers, if any, for the building. He stated that he has spoken with representatives of the Rural Economic Development Commission (formerly Farmer's Home Admn.) and Public Health Service who have informed him that the lien cannot be released until authorization is given by program administrators in Rockville, Maryland. First Interstate Bank has responded to Salud's application for a community development loan, however, they would require an appraisal and repayment of the loan amortized over a 5 year period. The Salud Board has met to discuss this issue and the Board has decided that they could not afford to incur the debt to repair the building. The Board has also decided not to use FEMA monies received for any repairs and they have authorized him to deed the property to any agency or person who has the money to make the repairs with the City being the first agency to whom the offer should be made. Councilor Figley stated that her main concern is the safety issue and repairs need to be made before the building deteriorates much more. She also questioned him as to whether or not applications had been made to other financial institutions for a loan. Director Nunez stated that he has not made other inquiries as of this date but he would attempt to secure other sources of funding. Additionally, the Board has directed him to make this issue his #1 priority. His discussions with representatives from FHA and PHS indicated that the lien release request but final authority must be obtained from federal officials back east. He stated that Salud is not trying to make any money off this situation but they are trying to do what is right. Page 6 - Council Meeting Minutes, April 10, 1995 TAPE READING 1823 1840 1875 COUNCIL MEETINg MINUTES April 10, 1995 CLAIMS FOR THE MONTH OF MARCH 1995. SIFUENTEZ/JENNINGS .... approve voucher checks #26497 - 26929 for the month of March 1995. The motion passed unanimously. SITE PLaN ~95-04 --CONVENIENCE STORE AND DELICATESSEN. The proposed convenience store and delicatessen will be located on the corner of Front St. and Cleveland Street. action was taken by the Council on this site plan. No STAFF REPORTS. A) Resignation of Finance Director -- Administrator Childs stated that Director Gritta has resigned effective April 21, 1995. During the interim, he will handle any personnel supervision matters that may be necessary and he will be arranging with our audit firm, Harris & Eide, to provide on- going oversight and consultation on major financial issues. B) Resignation of RSVP Coordinator -- RSVP Coordinator Pat Hellhake resigned effective March 31, 1995 and the recruitment process for a new Coordinator has begun. During the interim, Chris Breshears has been appointed as interim Coordinator to insure program continuity. Ms. Breshears is a Woodburn area resident with a BS degree in Psychology and has had prior experience in human resources work in a senior-oriented setting. Administrator Childs encouraged the seniors to drop- in at the RSVP office and get acquainted with Ms. Breshears. C) Country Club Road Realignment -- Director Tiwari stated that the project should be completed by the first weekend in May, however, there may still be some minor work being done in the area. He stated that he has also heard many positive comments on the new roadway and they are looking forward to the completion of this project. Discussion was held on the concerns of the Chamber regarding traffic congestion and potential signage for motorists. Director Tiwari expressed concern in adding signs along the roadway which can be a distraction for drivers. The staff was requested to work with the local businesses to see what alternatives might be available in lieu of additional road signs. D) Transportation System Plan Information -- Public Works Manager Rohman distributed Transportation Plan binders which included 3 technical memorandums on various aspects of the planning process. Additional information will be provided to the Council over the next several months. E) Building Activity Report -- No action was taken by the Council. Page 7 - Council Meeting Minutes, April 10, 1995 COUNCIL MEETING MINUTES April 10, 1995 TAPE READING 2635 Councilor Hagenauer expressed his thanks to Public Works for the removal of certain trees which were creating a hazard. Councilor Sifuentez thanked Director Gritta for a job well- done and offered her best wishes for the future. Councilor Figley also accepted the resignation of Director Gritta with regret and wished her all the best in her new job. She also stated that the trusses are being placed on the new pool building and she is anxiously awaiting the completion of the project. Mayor Kirksey stated that a recent incident involving a basketball hoop within the public right-of-way brings this issue back to the Council for further review. Councilors Jennings and Sifuentez stated that they would be willing to further study this issue. Mayor Kirksey also stated that park rules relating to dogs need to be enforced even if additional signage or other Council action is necessary to keep the parks cleaner for general public use. 2868 EXECUTIVE SESSION. JENNINGS/FIGLEY .... adjourn to executive session to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed. The motion passed unanimously. Councilor Sifuentez left the meeting at this time since she had previously stated that she had a perceived an ethical if not a legal conflict of interest on the Salud issue. The Council adjourned to executive session at 8:28 p.m. and reconvened at 9:03 p.m.. 2893 Mayor Kirksey reiterated that Councilor Sifuentez did not attend the executive session nor is she present at this time due to a potential conflict of interest. FIGLEY/PUGH .... authorize and direct the City Attorney to file a lawsuit to enforce the dangerous building ordinance as far as the Salud Medical Center at 347 N. Front Street. The motion passed 5-0. 2936 In regards to the basketball issue, Councilor Jennings stated that property owners with hoops in the right-of-way were sent letters which were intended to relieve the City of liability, however, an accident did occur in which a basketball hoop was damaged. He agrees with the Mayor's previous comments and, hopefully, this study will result in the drafting of a resolution or ordinance which will still allow the hoops but definitely relieve the City of any liability. Page 8 - Council Meeting Minutes, April 10, 1995 TAPE READING COUNCIL MEETING MINUTES April 10, 1995 3115 ADJOURNMENT. JENNINGS/PUGH... meeting be adjourned. unanimously. The meeting adjourned at 9:09 p.m.. The motion passed APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, April 10, 1995 MINUTES WOODBURN PLANNING COMMISSION MARCH 23, 1995 1) 2) 3) 4) 5) ROLL CALL: Chairperson Vice Chairperson Commissioner Commiss,oner Commiss;oner Commissioner CommissIoner Commissioner Commissioner Mrs. Warzynski Absent Mrs. Bjelland Present Mrs. Davis Absent Mrs, Schultz Present Mrs. Henkes Present Mr, Kosikowski Absent Mr, Finch Absent Mr, Atkinson Present Mr, Salyer Present Staff Present: Steve Goeckritz, Community Development Director MINUTES: The Planning Commission meeting minutes of March 9, 1995 were accepted as written. BUSINESS FROM THE AUDIENCE: None COMMUNICATIONS: None PUBLIC HEARING: AJ Variance #95-01 - Pedro Sandoval - Rear Yard Setback and Lot Coverage Standards Staff read the statement necessary to open the public hearing. The nature of the application is a variance to the rear yard setback and lot coverage in a residential zone. The applicant is Pedro Sandoval. Staff read the Approval Criteria, the Raise it or Waive it Rule, and the Right to have the Record Remain Open. PCM~pom3-23.95 SG:bw Staff stated that the property was located in the Brandywine cul-de-sac area. It is zoned Single Family Residential which means it has a minimum lot size of 6000 sq. ft.. It also requires a setback of 20 ft. for the front yard, a 24 ft. rear yard, and a 5 ft. side yard. The applicant is requesting a variance for two of these setback standards. One being that they be able to intrude into the rear yard 12 ft. and that they also occupy more area than what is allowed in the RS zone. Instead of 30% lot coverage they wish to expand it to 32% lot coverage due to their very large family (9 members). There are six criteria which the applicant has to meet in regards to the variance request. The planning staff has reviewed that criteria and feel that the request meets that criteria. Staff recommends approval of the applicant's variance. Commissioner Schultz asked if this comply's with the city ordinance for the number of residents in a single household. Staff answered that there is a law that says that you can only have up to five unrelated individuals in a household. There is no law that states that a family of more than § family members cannot live in one household. Mr. Sandoval, 265 Brandywine Court, stated that he and his wife had lived in Woodburn since 1974. Vice Chairperson Bjelland asked if there was anyone else in the audience who wished to speak for this proposal. There were none. She then asked if there was anyone in the audience who wished to speak against this proposal. There were none. She then closed the public hearing. She asked the Commission members if there was any discussion. There was none. Commissioner Schultz made the motion to accept Variance #95-01. Commissioner Henkes seconded the motion. A vote was taken and the motion passed. Zone Change #95-02, Plan Amendment #95-02 and Site Plan Review #95-03 and Variance #95-02 - Woodburn Fertilizer Staff read the statement to open the public hearing. The nature of the application was a request a change to the City's Comprehensive Plan and Zone Map of parcels designated Single Family and Multi-Family Residential to Light Industrial, a site plan review of a 3600 sq. ft. storage facility and a variance to the buffering standards and side yard setbacks. The applicant is Woodburn Fertilizer. Staff read the necessary Approval Criteria, the Raise it or Waive it PClV~=m3-23.95 SG:bw 2 Rule, the Right to have the Record Remain Open and the Right to a Continuance of a Hearing. Staff reminded the Planning Commission that they would have to act on all four proposals. Planning Staff recommended approval of the Zone change, Comprehensive Plan Amendment, Site Plan and Variance with the conditions listed in the staff report. Mark Shipman, attorney with Wallace Lien in Salem, stated that he was representing the applicant in this request. He stated that based on the staff report that they had discovered that they need another variance. He presented an addendum to the variance request. Scott Burlingham, applicant, 1800 E. Lincoln, Woodburn. He stated that Woodburn Fertilizer has been in operation at the present location since 1941. He stated that Woodburn Fertilizer has always tried to keep their property looking nice. He commented on planting of the poplar and arborvitae trees so that the surrounding neighbors had something to obstruct their view of the big yellow building, the seed boxes, and trucks. The 3600 sq. ft. storage facility would be for the seed boxes and trucks. He stated that they would pave the area for parking. Commissioner Schultz asked if any part of the land that is down by Mill Creek designated as wetlands. Mr. Burlingham stated that he did not know if it was or not. Staff stated that the northeasterly portion of one parcel was in wetlands. He stated that this is one of the reasons why they wished to develop the front of the lot. Commissioner Schultz asked if. there would be any conflict with a zoning change and how it would appear on the tax rolls. Staff stated that it would appear on the tax rolls as an industrial property with a residential house and the value of that. Vice Chairperson Bjelland asked if there was anyone in the audience who wished to speak for this project. Scott Ward, 8405 SW Curry Drive, Wilsonville. He stated that he was employed by Woodburn Fertilizer. He stated that he would like to ask the Commission to consider the setback variance for the building. He felt that the it was in the best interest of the community and Woodburn Fertilizer to have the building sited as it is drawn. 1) it would allow for safer work around the PCM~ocm3-23.95 SG:bw 3 tank farm, very large semi trucks and trailers that enter into this tank farm area to deliver and ship out liquid fertilizer. The space is need for the larger vehicles. 2) it would be safer to not have to cross Hardcastle while also making it less congested on Hardcastle. Jane Kanz, Executive Director of the Woodburn Chamber of Commerce, stated that she was in favor of the zone change. She felt that the anytime a company is interested in improving their property they should be encouraged to do so. She felt that the Planning Commission should approve this request. Vice Chairperson Bjelland asked if there was anyone who wished to speak against this project. Eric Burkey, 290 Hardcastle, stated that he lived across from where they proposed to put the new building. He was all for business growth, but he felt that this zone change would not enhance his property having his home surrounded by industrial buildings. Bill Baldwin, 252 Hardcastle, stated that he had lived there for §0 years and he felt that the street was not built for trucks. He stated that a sign on the streets states "no trucks". He stated that the arborvitae does nothing for him when the filters do not operate the dust is so bad he cannot open his windows. He felt that this is very toxic. He did notice that they were replanting the arborvitae regularly. He wondered if this dust might be killing the arborvitae and he did not feel that it was good for him either. He was definitely opposed to the proposal due to all he will be able to see is the building. He stated that he was there first. If there was a pig pen and he bought a house next to it then he felt that he had no reason to gripe because it was there first. He stated that the building north of Hardcastle was built about 20 years ago. The old building on the south side of Hardcastle used to be a feed plant. He bought feed from there. He felt that the Commission should give consideration as to how it was going to effect the rest of the neighborhood. Rebecca Wilcox, 958 Corby Street, she stated that in the section of Corby Street between Mill Street and Hardcastle there were 16 children under the age of 12. She felt that by paving the lot this would increase the traffic flow with semi trucks, which is already a big problem. They have caused many cars to have to be moved, power lines have been scraped and telephone lines hang too Iow, this has caused major concern with all the children in the area. She stated that another major concern was the dust which was mentioned earlier. She stated that the dust was so bad that when you wanted to open a window you had to put furnace filters in the windows and clean or replace them every week. She hoped that if this was approved that the trucks were rerouted to PCM~cm3-23.95 4. SG:bw stay off Corby Street. Vice Chairperson Bjelland asked if there w. as anyone else who wished to speak against this project. There were none. She asked if there was any rebuttal from the applicant. Mark Shipman, attorney, stated that the main concerns he heard were how this was going to look. He stated that it could be seen from the revised site plan the applicant were proposing to put up arborvitae planting along the five foot strip of the property. He stated that this has worked real well in screening this area. He stated that the storage facility would get the items that are stacked up against this area out of sight. He stated that as far as the Bates are concerned they are in favor of this request. There would be no change in the operation of the facility. He disagreed with the city staff that they should have to pave parking areas and add more landscaping. His client has agreed to those conditions to be a good neighbor. He stated that the concerns regarding the dust from the seed plant and the fertilizer plant that is not an issue as they are allowed in an industrial zone. He stated that the recommended conditions of approval #6 not be limited to be parking only, someday Woodburn Fertilizer needs the flexibility to come in for a site plan review to be able to put a new office building or a new storage facility working with city staff and not have to come back before the Planning Commission. Condition #13 bonding, as he understands it is for the improvements costs that are done in the public right of ways, he would like it to state this in the condition. He stated that staff had done a good job in reviewing this proposal. Staff asked if he heard the applicant state that they were going to get some new filter systems for their seed processing. Mr. Burlingham stated that with new technology there were other ways in which to operate. He could not guarantee that it could be done this year but it would be looked into. Staff stated that this is outside this application, the dust is there and has been there, it is not part of that operation as far as their request. Commissioner Atkinson asked if peak traffic, as someone mentioned, is as early as 6 am. or is this only seasonal traffic? Mr. Burlingham answered that traffic is very seasonal. In the summer time we operate the seed plant 24 hours a day for three or four months. He stated that they work hard to be a good neighbor. In the spring there could be very early morning traffic. PCM~cm3-23.95 5 SG:bw Vice Chairperson Bjelland asked for clarification of the 30 foot landscape buffer. Mr. Shipman answered that the applicant had been approached by the new owner of the property adjacent to the applicant's and stated that they wished to share access on the paved driveway to their property. He stated that it is shown on the site plan that all the way to the back of the property there is a three foot strip of land that is planted with all different types of trees. Woodburn Fertilizer does not know who owns this property. The intent of the 30 foot buffer is to provide separation between industrial and residential uses. It is also intended to provide not only physical separation but a visual separation. He stated that they meet the physical separation with the existing driveway. Commissioner Atkinson stated that the building on that piece of property looks cockeyed, he asked if it could it be tweaked? Mr. Shipman answered that it is cockeyed based on the way Hardcastle and this property line run, they are not perpendicular. Vice Chairperson Bjelland asked about the concerns raised regarding the traffic on Corby Street. Mr. Shipman stated that outside of the employees that come and go there should be no truck traffic on Corby or Mill Streets. Vice Chairperson Bjelland closed the public hearing. She asked the Commission if there was any discussion. Commissioner Schultz commented that for those people who opposed the project with their concerns with dust .it is not an issue with the Planning Commission and should be taken up with another department like DEQ or someone like that. She stated that the Commission was concerned with this problem and she herself had some concerns of her own but this is not the place to ask about them so she is not asking. She asked Mr. Baldwin, who stated that he would be looking at the building, if he would be looking at the open part or the side or back of the building. He answered the side. Commissioner Schultz stated that the seed boxes and trucks have always been there so instead of looking at the trucks out in the open he would be looking at.a building was that correct. PCM~cm3-23.95 SG:bw 6 Commissioner Schultz stated that she did not see this as a change of business. Vice Chairperson Bjelland asked if the landscaping would hide that building. Staff answered over time yes. Staff recommended to the Commission that they act on each of the request separately, make a motion and vote on each actions proposed. In regards to Variance #95-01, based on the fact that the applicant has presented an addendum, if the Commission so wished to approve the variances that they approve #95-01 and the addendum (identified as #95-02). Commissioner Atkinson made the motion that the Planning Commission approve Comprehensive Plan Amendment #95-02 (parcels #1, #2, #3 and #4). Commissioner seconded the motion. A vote was taken and the motion passed. Commissioner Atkinson made the motion that the Planning Commission approve the Zone Change #95-02 (parcels #1, #2, #3 and #4). Commissioner Schultz seconded the motion. A vote was taken and the motion passed. Commissioner Schultz made the motion to approve Site Plan Review #95-03 with all the recommendations and conditions. Commissioner Atkinson seconded the motion. A vote was taken and the motion passed. Commissioner Henkes made the motion that the Planning Commission approve the Variance #95-01 with the Addendum (#95-02). Commissioner $chultz seconded the motion. A vote was taken and the motion passed. There was a 5 minute break. PCM~cm3-23.95 SG:bw 7 6) REPORTS: A. Site Plan Review 95-04 - Neighborhood Grocery & Delicatessen Located at Front and Cleveland Street. The applicant is RSS Architecture, PC for Mohammed Jaber. Administrative approval was given to the applicant. The applicant had a few concerns regarding Traffic Impact Fees and the staff report. On page 6, item 5, 6 and on page 7 item 10. He stated that they were concerned about the designation of historic district when it is surrounded by a vacant lot to the north, a parking lot and city hall to the west, Front Street and the railroad to the east and Davidson Auto Parts on the south. These items are not part of the Downtown Historic District. He felt that there was no reason to keep with the downtown decor. He felt that further discussion was needed with staff. He stated that he would address the roof is the Commission wanted him to. Commissioner Schultz asked if the roof color would be too reflective. The applicant answered no, blue is much better than white. He stated that it would be like the roof on the City Library. Commissioner Schultz asked staff if this could be considered a revitalization of the downtown area. Staff answered that it is a transition area, he stated that this design compliments the pool, city hall and the library more than the old downtown. He stated that they want to be able to preserve the old historic downtown. The applicant stated that the building was only a 1700 sq. ft. building. Commissioner Henkes asked if all of the windows were different. The applicant answered that there were two windows in the front with a set of double doors. He stated that they look different because they were at a different angles, all of the windows will be the same. Vice Chairperson Bjelland stated that she felt that this would be a nice improvement to the area. The Commission agreed that the applicant and staff would work together on the decision of the building face. The applicant and the Public Works Director would work out the Traffic Impact Fees. PCM~cm3-23.95 8 SG:bw 7) 8) BUSINESS FROM THE COMMISSION: None ADJOURNMENT: There being no further business the Planning Commission meeting adjourned. PCM~cm3-23.95 9 SG:bw 3C MINUTES WOODBURN RECREATION AND PARKS BOARD REGULAR MEETING APRIL 10, 1995 5:15PM CITY HALL At 5:15pm the Board and staff walked over to the pool site to observe the construction sita and the progress being made. Parks Suparintendent John Pitt answered questions and explained the process and where the contractors were in terms of being on/off schedule~ CALL TO ORDER: The Meeting was called to order at 6.~5pm by Chairman Frank Anderson. e ROLL CALL: Members Present: Frank Anderson, Larry Watson, Sue FoFana-Dura and Mike Rodrlguez. Members Absent: Barbara Rappleyea (ex); Lee Ehrens and Dave Ott. Staff Present: Nevin Holly, Director; Shirley Pitt, Parks Secretary and John Pitt, Maintenance Superintendent. MINUTES The Minutes of the February 10, 1995 Recreation and Parks Board Meeting were presented for approval. MOTION: L. WATSON: Approve the February 10, 1995 Recreation and Parks Board Minutes as presented. S. FOFANA-DURA: Seconded the Motion Motion passed unanimously. DIRECTOR'S REPORT: There was no working agenda as the Director wanted to update the Board on the many activities going on in the Department. Chairman Frank Anderson turned the meeting over to Nevin Holly for his report. Nevin Holly reported that there is a great deal of activity in the Department Since the Board last met things have picked up greatly. Nevin relayed the sense of excitement and rising moral among the employees wittt our new Aquatic (;enter development coming on line and stressed the value of Board input during this process. In the very near future the Department wll be going through the process of hiring the new Aquatics Manager. This is an extremely Important process in that the initial success of our Aquatic Center will be greatly Impacted by the performance'of our Manager. Our Department has also been going through the yearly budgeting process. This year's budget hearings have gone extremely well. The level of support the Department is receiving from the Woodburn Budget Committee and the Woodburn City Council is at its highest level the Director has ever seen. Many favorable comments and voices of general support have surfaced during the budget process. With the onset of the new Aquatic Center our yearly budget will grow to close t~.the I million dollar level. Nevin offered the following summary of several current Issues facing our Department. 3C Page 2 Recreation and Parks Board Minutes April 10, 1995 Meeting AQUATIC CENTER The project has fluxuated back and forth from a week behind to 17 days ahead of schedule. Currently we are approximately I week behind schedule. Project Superintendent John Hawas has Informed Nevin that he feels we will make up the lost time We can still anticipate the Aquatic Center opening on schedule which is slated for September 1, 1995. Key Issues being addressed at this time include: a). HVAC System: Our heating, ventilation and air conditioning system was awarded to the Weller Company of Portland, Oregon in the amount of $93,895.00. This bill was under budget and has been ordered. Mr. Weller has visited the job site and feels the HVAC System ordered will do an excellent job for us. b). Water Slide: Nevin reminded the Board that the original bid for the water slide, which was an alternate bid, was rejected. We re-advertised the water slide. The current bid came in at $41,500.00. The bid is being awarded to N.J. Bums Company of Seattle, Washington. The water slide is scheduled to be delivered to the job site prior to June 15, 1995. c). Change Orders: To date we have had change orders totalling over $40,000.00. We have had credits which appear to be coming in excess of $10,000.00. This puts the project on a tight budget considering the contingency is $27,000.00. However, there are several unresolved construction Issues which could result in additional Income to the City. Some of these Issues are a possible Insurance reimbursement on the buried oil tank we found, a possible credit on a proposed change order regarding parfait wall construction, and 2 negotiated change orders regarding the elimination of the patio area and the back employee parking lot. When all is said and done, Nevin said he feels confident we will have the necessary budget to accommodate total expenditures. However, we certainly did not over budget the project. d). Swimming Pool Committee: The Swimming Pool Committee is winding down its brick sales campaign. To date the committee has been successful in selling approximately 660 pool bricks. Over $32,000.00 has been realized from the sale of bricks. Combined with the $80,000 grant received, the committee will present a check in the excess of $112,000.00 to the City of Woodburn for direct expenses of the Aquatics Program. This committee has been very dedicated and has done an excellent job in fund raising and promoting our new Aquatic Center. e). Aquatic Center Manager: We have been advertising for our Aquatic Center Manager for the past 3 weeks. Advertisements have appeared in the Oregonlan, the Statesman and 2 National public jobs bulletins. We have been having a goodly number of calls for applications. The deadline for applications is April 21, 1995. The screening Committee can begin examining the applications the week of the 24th. Nevin suggested a meeting date be set aside to go through the process. Frank Anderson asked Mike Rodriguez, Sue FoFana-Dura and Nevtn if they could make a noon to 2:00pm meeting on Tuesday, April 25th to begin reviewing applications. The will meet at Nevin's office in the Community Center. Nevln will check with Dave Ott who is also a member of this committee to see if he can be av-~ilable at that time. April 19th at 4:00pm. Aquatic Consultant Don Carey will be present for the walk 3C Page 3 Recreation and Parks Board Minutes April 10, 1995 Meeting CENTENNIAL PARK An adjustment has been made in the Centennial Park Master Plan. The adjustment is in response to a proposed Transportation Plan which will shuffle the future Interchange in the area of Centennial. The Interchange Highway will be taking 100 feet off the back side (South end) of Centennial Park. The H'~wvay will also take 100 feet off the back side of the School District property. Fortunately the School District has been very helpful in allowing us to alter our plan and allow us to go onto their property. The revised plan allows us to go forward with Phase I as planned. Phase II will configure the adult fields and have shared parking on the School District property. What Initially looked like a problem is now a positive, in that we will Initially include a smaller area of developed parking and have potential for future shared cost sharing. Nevin plans on going to the Planning Commission with the revised plan within 30 days and go to bid on our access road and parking lot early this summer. After our access road and parking lot are constructed, the Park Board Committee will be heavily Involved in assisting in the development of Phase I. A very positive Indication as to the future of Centennial Park was illustrated last month when at the City Council Goal Setting Retreat, Centennial Park rated as one of the Cities highest goals. WOODBURN YOUTH DROP-IN CENTER GRANTS Nevin reported that the two year grant for the Youth Drop-In Centers ends on June 30, 1995. He have applied to the Marion County Children and Families Commission for continued funding. The application made it through the first Phase and we are awaiting our project Interview date. The program application allows the Department to continue its two Drop-In Centers. The Grant also allows us to continue our involvement in the McTutor Program. Nevin hopes e we are funded again as many children regularly participate in these programs. The Grant is for a two year period beginning July 1,1995 and is for $38,250 per year. BUDGET PROPOSAL FOR FY 1995/1996 This years budget hearings have gone extremely welL Our proposed budget is $934,911.00. It appears that with last minute changes we will be bringing our budget in excess of this amount. The Department Budget includes a $264,000.00 budget for the new Aquatic Center. We have also proposed a $195,000 reimbursement level from the direct program revenues. Other Department Budget items Include a new truck for the Parks Maintenance Division, Department Computer upgrading, additional Leisure Services supplies and a number of now small equipment needs for the Parks Maintenance Division. To familiarize the Board with the entire budget, Nevin proposed the Board address the budget as a main topic at the next Board Meeting. The City of Woodburn has moved to take a larger share of the allowable Parks and Recreation Levy. This action has never been done before and has caused a major upswing in morale of the entire Department as this action shows the concem and support of our City Council and Budget Committee toward our Department. COMMUNITY CENTER GIFT: The Recreation and Parks Department have been the fortunate rectplents of a $10,000.00 gift provided in the will of a Martha Eisenegger. The only stipulation in the will is that the funds be spent on the Community Center. Nevin has asked the staff to give him a list of capital expenditures which would improve the Community Center. So fa~ suggestions have been made that we spend the money on upgrading the Community Center lights, new Page 4 Recreation and Parks Board Minutes April 10, 1995 Meeting carpeting in the upstairs hall, new tables, replace curtains and repair oUr movie screen. Nevin told the Board he would also welcome their Ideas. Although no one in the Department knew Mrs. Eisenegger the Department truly appreciates her generosity. e SPRING/SUMMER BROCHURE: The Department is currently in the process of putting together the Spring and Summer Program Brochures. The brochure will include basic information on our new Aquatic Center, but not program information. We will be developing a comprehensive Aquatic Center Brochure which will highlight not only the opening of the Center, prices, memberships, etc., but also historical aspects of its development. Nevin briefly spoke on the following Information and needs. ** Our new transportation van is due in anytime. ** The R.S.V.P. Director Pat Hellake has resigned. She has temporarily been replaced by local resident Chris Breshears. ** We must begin to think of developing long term Comprehensive Parks and Recreation Plan. ** We must, during this next year, update our Capital Improvement Mst. BUSINESS FROM THE BOARD: Larry Watson newly appointed Board Member expressed his disappointment in not being appointed to the Centennial Committee. He has been in on the Centennial Project since before it became a park and would like to follow through with it. Chairman Frank Anderson apologized for not appointing him to this Committee but assured him when Phase II came into effect he would be able to take part in it. ADJOURNMENT The meeting adjourned at 6:55pm Next Meeting Date: Monday, April 24, 1995 at 5:15pm in the City Hall Conference Room. Committee Meeting: Tuesday, April 25, 1995 Pool Application Review Committee will meet in Nevin's office at the Community Center from 12 Noon to 2:OOpm. (Mike Rodriguez, Sue FoFana-Dura, Dave Ott, Frank Anderson and Nevin) CITY O,F 270 Montgomery Street WOODBURN Woodburn, Oregon 97071 · 982-5299 4C PKOCr,AMATION r~.,_Sn~tion, q,l, rexiatio~ and Sln_d.J remem&an~ IT LS HEKEBT PROCLAIMED THAT May 15~ 1995 is deskjn~texf as: "PEACE OFFICER MEMORIAL IT I8 FIIKTHER. PROCLAIMED THAT ff~z wee/qf May J.4ff, ffl~O~k 2J. st, i995 shaft fie. "PEACE OFFICER. MEMORIAL c~y ~ Woo~rn 8A MEMO TO: FROM: SUBJ.: DATE: Mayor and City Council Chris Childs, City Administrator (,a~/ Public Hearing - NWNG Privilege Tax April 19, 1995 Since this is not a land use hearing, a suggested order of business is as follows: a. Open Hearing b. Staff Report c. Testimony from Proponents d. Testimony from Opponents e. Rebuttal (staff) - if necessary f. Close Hearing At the conclusion of the public hearing, the Council may, by motion, take one of two possible actions: a. Direct staff to oreDare an Ordinance in final form for oresentation at a subseouent meetin0 which contains an effective date on or after June 18. 1995. (June 18, 1995 represents the 60 days required after initial notice to the franchisee). b. Cease further consideration of the draft Ordinance (if, after public testimony and deliberation the Council determines that the Ordinance is not merited or desireable). Pursuant to the franchise ordinance, the franchisee, Northwest Natural Gas Co., has been advised of the City's intent to enact this privilege tax as well as the specifics of this public hearing. 9A TO: FROM: SUBJ.: DATE: MEMO Mayor and City Council Chris Childs, City Administrator ~, Tabled Business - Renewal of COG Membershi_~ April 19, 1995 This matter was tabled during the April 10, 1995 Council meeting. For your convenience, the previous staff report, as well as the informational letter from the Council of Governments made available at the April 10th meeting, ere again provided for your review. Council members had requested that Alan Hershey, Executive Director, attend the April 24, 1995 meeting to make a short presentation concerning the COG's services. Scheduling permitting, Mr. Hershey has tentatively agreed to be present for such a presentation and also indicated that another COG (elected) official may accompany him. As a matter of courtesy to these visitors, I would recommend that the Order of Business be changed to place "Tabled Business", which includes this matter, ahead of the scheduled public hearing concerning Northwest Natural Gas. MEMO TO: FROM: SUBJ.: DATE: Mayor and City Council Chris Childs, City Administrator Renewal of C.O.G. Membership March 29, 1995 RECOMMENDATION: Authorize, by motion, letter of intent to renew membership in the Mid-Willamette Valley Council of Governments for Fiscal Year 1995-96. BACKGROUND: Along with other local governments in Marion County, the City of Woodburn has historically been a member of the Mid-Willamette Council of Governments (COG). Approximately a year ago, the Council voted to drop its membership and funds for this purpose were eliminated from the 1994-95 budget. Funding for COG membership is again included in the proposed Fiscal Year 1995-96 city budget. Mayor Kirksey has indicated her belief that the organization can be beneficial to the City's interests and has had some contacts with the COG even though we are presently in a 'non-member' status. The COG facilitates periodic meetings of area city managers and administrators which your City Administrator finds very helpful in terms of 'networking' and learning how nearby cities approach problems and issues that we also face. In the technical area, the COG offers a variety of services, including urban and transportation planning assistance, grant writing and serves as a clearinghouse for information and data of value to cities. The City of Woodburn has utilized the COG to reconfigure ward maps, based on the federal census, in order to comply with our own charter provisions concerning ward sizes. Estimated membership cost, computed on a combination base fee/per capita formula, is estimated at $5,433 for Fiscal Year 1995-96. It has been noted that continuing support of the COG by medium and larger sized cities helps ensure an organizational structure capable of providing important services to the smaller towns that might not otherwise have access to such services. MID-WILLAMETTE VALLEY CO'UNCIL OF GOVERNMENTS __1957-1995 38 Years of Service CO.~:~$'tO.N:Ee 8:0~ DODC£ VICE CKS.~ ~ ~UTSO~ ~MtrlX,L ~3)UC..tT~ 0~' S]Q[1r~CE DXST~CT TO: FROM: SUBJECT: MEMORANDUM_ Mayor and CEy Council DATE:. Apn'! 10, 1'995 City of Woodbum Alan H. Hershey, Executive Director~~ COG MEMB .ERSHIP FOR t995-96 (./ The Mayor asked for information to assist your review of rejoining the Council of Governments. The COG is a voluntary association of 42 local governments.' Members include Marl=n, Polk and YamhB Counties. 30 cities and 9 special districts. The COG's purpose is to pool local resources to achieve efficiency and economy. Over our 37-year history we have accomplished major resuils with our members: began and developed land use planning in this area;. invented the concept of the urban growth boundary and assisted its creation' in Salem as the State's first model; created the Mid-Willamette Valley Senior Services Agency and managed it for the first 8 years; ' developed many police programs as demonstration programs including: You~ Services Teams County Parole and Probaaon The Community Liaison Services program The Regional Aatomated Information Network (RAIN). The COG is a planning body with policy leaderShip coming from the mayors, commissioners and board chairm .eh of special distr~.s. After a program Is planned, the COG is somel~lles a~(ed to manage a demonstration program. Thereafter, we turn the operations of resu~ng programs over to local govemments. The COG'aiso provides a wide variety of technical services to ~' members. For Instance, currently we: Provide trained professional staff to assist member cities with public infrastructure grants and loans. Our economic development staff has prepared tens of m. tllions of dollars in successfu[ water, sewer and other development project grant applications for member cities. This service is ava~]able to members without additional cost Operate a small business loan program IAat provides access to all of the available publ'~= sector loan programs for growing small businesses, in recent years we have packaged a .total of $29' rn~lion 'in leans. Loans have been made to companies in the Woodbum area such as B.C. Hops and the French Prairie'Care Center. Administer the Regional Strategies lottery funded development program for the 3 counties. It provldes' lottery dollars to projects designed to address problems or opportun'~ies in three Key indus'b'ies - Agriculture, Forest Products and High Technology. A number of Wooclbum area companies: such as Agripac,' have received marketing grants from this program. Prepared grant applications for the replacement of the Salud Med'~al Center in Wcodbum (after its budding was destroyed in the earthquake of lg93) and continue to assist with this project. Are reviewing the options available for restoring navigation to the Willamette River between Portland and the Sanfiam River south of Salem. Conbact services are available to members for a negotiated fee. Those most in demand are: Transportation Planrlinq. COG staff is ava~able to assist with transportation projects. The COG is presently working with six cities on Transportation and Growth Management Projects. COG can serve as planner, grantee, projec~ manager, or Other role as needed by the city at the time. Spebial Pmiects. COG staff is available for special projects such as public facility planning, regional coordination and negol~ation wfth developers, Current plannin~ assistance. When the peak season strikes, COG planning staff is ava~able to assist the City's staff process current planning applications. Zonina and Sub_divisi~n Ordinance update,. COG staff have conducted code updates' and complete development code revisions for several mid-size and small communities. · Lona ranc~e t)lannina. On short notice, COG staff is available to assist the City staff with special planning projects such' as periodic review and other comprehensive plan updates. Water Protection Recently wfth the aid of a grant (60% federal; 40% County v~deo poker monies) COG has surveyed the areas around municipal wells in Marion County for potential sources of groundwater contaminants. The survey indicates that Woodbum as 242 potential sources of contamina'dorL Most of these sources have moderate to high potential to pollute groundwater and are related to commercial/'mdustdal uses,, Including iealdng underground storage tank sites. Woodbum will soon be receivfng a sure'nary of the survey results and a map of each individual source. Woodbum can use this irrformation to begin a wellhead protection program that re{tuces the potential of groundwater contamination. Polil~cal Action Currently, the COG is providing staff to the mayors of communities in this area to ask that state officiais not greatty Increase the number of prisoners in state lnsatufions in Marion County. There is additional capacity in new prisons built in Eastern Oregon. However, the .Legislature would have to appropriate funds for the operation of these new prisons rather than Increase capacity in prisons in Marion County. Mayor Kirksey has been a participant in the most- recent discussion w'~ state legislators. From time to time COG staff are redirected to new objectives. The elected officials of member govemmenls are the policy makers who direct these changes. If you would like a presentation at a future Council meeting, please call me at (503) 588- 6177. IOA MEMO TO~ THROU~HI FRO~ i D~TE ~ HUB~ECT~ Mayor and City Council City Administrator Childs Mary Tennant ~ City Recorder April 19, 1995 Cooperative Work Experience Agreement Recommendation: Approve the attached Council Bill (Resolution) which authorizes a two-year work site agreement with the Mid- Willamette Jobs Council. Background: Over the last several years, the City has been working with the Mid-Willamette Valley Jobs Council, in conjunction with the School District's Structured Work Experience Program, to place youths into Jobs within our organization especially inthe areas of Parks & Recreation and the Public Library. All of the work experience programs are designed to give students an opportunity to developtheir skills for future employment. There are a number of different types of programs available during the year such as the Summer. Youth Employment Program, Cooperative Work Experience Program, and General Work Experience Program each of which requires a different training plan and participant work hours. Wages and insurance benefits are paid for by the Jobs Council. IOA COUNCIL BILL NO. 1621 RESOLUTION NO. A RESOLUTION ENTERING INTO A WORK SITE AGREEMENT WITH THE MID- WILLAMETTE JOBS COUNCIL. WHEREAS, the Mid-Willamette Jobs Council (MWJC) exists under the auspices of the federal Job Training Partnership Act (Public Law 97-300) for the purpose of developing necessary work experience for program participants and providing temporary job placements for participating employers, and WHEREAS, the City has, historically, participated as an employer in the MWJC program, and WHEREAS, the City wants to continue participation in the MWJC program and formalize its involvement by authorizing the City Administrator to execute the MWJC Work Site Agreement, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City Administrator is authorized to execute, on behalf of the City, the MWJC Work Site Agreement. Section 2. That copy of the form of agreement is attached hereto and is, by this reference, incorporated herein. Da?J ~'// Approved as ,o form:~ ~~ I ~,,~' City Attorney 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: Page I - COUNCIL BILL NO. RESOLUTION NO. An n oyer rnm ~o Persons wffhl 1 0A MWJC WORK SITE AGREEMENT I; PURPOSE: The purpose of the work _experience activity is to provide skills to ge~lcl keep employment through practiced ,=0<perience in the workplace supported through fo_rmal Job traini,ng plans. , his Agreement is being entered Into pursuant to the requirements of Public Law 97-300, the Job Tralning Partnership Act, hereinafter referred to as the JTPA, to define the operational requirements for agencies that will provide work sites for Participants of the Work Experience Program which is administered through the Mid-Willamette Jobs Council for the period · The MID-WILLAME'I'T~ JOBS COUNCIL, and CTT¥ oF ~OODBm~ (Agency Name) (Agency Address) hereinafter referred to as the Agency, hereby mutually agree to the following conditions for provkling a work site for participants of the Work Experience Program, hereinafter referred to as the WEP. II. THE JOBS COUNCIL SHALL: 1. Be the employer of record. 2. Recruit or accept referral of prospactive participants and determine their eligibility for partiolpation in the WEP. 3. Refer eligible participants to the Agency in accordance with participant's Individual 8en4ce Strategy (18S). 4. Inform participants of the WEP wage rates and benefits, and Inform them of their fights and responsibilities while participating. 5. Pay participants in accordance with the number of work-based leaming hours reported on their tirnesheets exluding unauthorized additional hours worked outside of approved work schedule. Participants will be paid on the date spacifled by the Jobs Council Payroll schedule. '~. Provide Worker's Compensation for on-the-Job Injuries or ocoupational diseases suffered by the partJcipants while engaged in duties assigned by the Agency for all pa~cipants assigned to work sites other than Federal Agenoles. (Sec. III, 15) 7. Conduct regular monitoriog and evaluations of the work site to determine compliance with the terms of this Agreement, and/or any o~fmr applicable Federal or State regulation. If, through the moni~ and evaluation process, it Is determined that the work alte does not meet acceptable standards, the Agency may be required to lake corrective action and/or the work site may be terminated and the participant reassigned by the Jobs Council to other work sites. -'"- 8. Provide employment counseling, Job search training and job referral to the WEP participants and evaluate the =k'ill development and work performance of each parttclpantbesed on the Individual's training plan which will be Jointly developed by the Agency and the Jobs Council. III. THE AGENCY SHALL: 1, Comply with all the requirements and specifications of the Worksite Agreement and Training Outline. 2. Comply with all Jobs Council policies and procedures relative to the WEP, and comply with all State of Oregon rules and reg .ulaflons that relate to the WEP. Assure that no participant will be required or permitted to work or be trained in buildings, surroundings, or under worldng conditions which are unsanitary, I~_~rdous or dangerous to the participant's health or safety. Provide a work site for WEP participants subject to the conditions set forth In .this Agreement, fumish adequate supen4slon as determined by the Jobs Council, and necessary materials, supplies and/or equipment.for training. Provide.an orientation to each participant assigned to the Agency regarding personnel policies and procedures, grievance proced, ures, work site safety, and work expectations of the Agency, including the normal work schedule, hours to be worked, holidays, etc. '~ · o Any change to working schedules negotiated and approved in individual participant training plans must conform to amendment procedures specified in ~16 below. Financial liability for hours worked by the participant In excess of those negotiated will be assumed by the Agency. 10. Maintain accurate records of participant's attendance and hours worked and submit individual time report for each p 10A .as well as progress reports as required by the contract to the Jobs Council accordance with payroll schedule estal~,=,mj ,~y the Jobs Council. Inform the Jobs Council if the participant is having difficulty adjusting to the work situation and contact the Jobs Council In advance whenever disciplinary action or termination of the participant Is necessary. Evaluate the skill development and work performance of each participant based on Work Experience P0sition and Training Outline which will be jointly developed by the Agency and the Jobs council. Refrain from utilizing participants'in such a manner as to result In: (a) displacement of employed workers Including partial displacement, such as reduction in hours of non-overtime work, wages or employment benefits, and/or (b) Impairment of existing contracts for services Including esrvtces normally provided by temporary, part-time or seasonal workers, or through ~che~c~i~ng such services out. In addition, the Agency assures that all WEP lobs are supplemental to those that would · se be funded by the Agency in the absence of Jobs Council-funded assistance. 11. Assure compliance with the following general provisions: (a) Participants shall be utiilznd only on publicly-owned facilitlee and projects or on local projects sponsored by private non-profit egencles or organizatione Insuring that no participants ~!1 be utilized on a project Involving construction, operation, or maintenance of a facility used or to be used for sectarian Instruction or as a place of religious worship. (b) Participants or services provided through this Agreement shall not be utilized for any political purposes; the Agency will comply with the provisions of the Hatch Act. (c) That the Agency will comply fully with the nondiscrimination and equal opportunity provisions of the Job Training Partnership Act of 1982, as amended (JTPA), including the Nontraditional Employment for Women Act of 1991; title VI of the CMl Rights Act of 1964, as amended; section 504 of the Rehabilitation ACt of 1973, as amended; the Age Discrimination Act of 1975, as amended; title IX of the Education Amendments of 1972, as amended; and with all applicable requirements Imposed by or pursuant to regulations Implementing those laws, including but not limited to 29 CFR part 34. The United States bas the right to seek Judicial enforcement of this assurance. 12. Cooperate with monitoring and evaluation efforts of the Jobs Council, the State of Oregon, the U.S. Department of Labor, and with any corrective action determination made by the Jobs Council. 13. Assume liability for any or all of its actions performed pursuant to this Agreement Including the actions of Its employees, officers and/or agents. The Agency will hold harmless and Indemnify the Jobs from any liability resulting from any or all action of the Agency incurred as a result of this Agreement. 14. If the Aaencv is a division of the St_~e of Or__~3orr The State of Oregon agrees to be responsible for any damage or third pa~y liability which may arise from its Involvement or participation In the WEP as an applicant, Including personnel placed with the State through this program in the course of their official work, subject to the limitations and conditions of the{~'egon TORT Claims Act, ORS 30.260 through 30.300, and the Orego~ Constitution, Article Xl, Seodon 7, to the extent of liability arising out of the sole negligence of the State. 15. If the Aoencv is a division of the Federal Govemmer~: The Agency must provide Worker's Compensation for on-the-job Injuries or occupational diseases suffered by the participants while engaged In duties assigned by the Agency. 16. Request in writing, any modification or change in the terms of this Work Site Agreement. Such a request for a modiflcetlon or change to thls Agreement will not be effective without the Jobs council's Council written approval. As a duly authorized representative of the Agency, the undersigned hereby certifies that the Agency is empowered by the State of Oregon to enter into legal agreements. [] Private, Non-Prof'~ ID County r'l State [] Federal ~;i~Other MID-WILLAMETTE JOBS COUNCIL "orized Signature Date Authorized Signature F[i.~cl Nam~ and Title Di~'lbutk~: Original - Business Management Yellow - Work Site Printed Name and Title Pink - District Office Date JC 055 (10-93) MEMO 10B TO: FROM: SUBJECT: DATE: City Council through the City Administrator Community Development Director Heritage Park Subdivision, Annexation, Zone Change April 20, 1995 At their April 13th hearing, the planning commission reviewed the request of Multi/Tech Engineering for the approval of an annexation, zone change and subdivision. Because the request involves an annexation, a resolution to hold a public hearing is necessary. Due to notice requirements, May 22, 1995 has been selected as a possible date to hold this hearing. A staff report and recommendation regarding this request will be forwarded to the City Council prior to the hearing. 10B COUNCIL BILL NO. 1622 RESOLUTION NO. A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ANNEXATION OF CERTAIN PROPERTY LOCATED WEST OF BOONES FERRY ROAD AND NORTH OF COUNTRY CLUB ROAD. THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Pursuant to ORS 222.120, 7:00 p.m. on May 22, 1995 is declared to be the time set for public hearing before the Woodburn City Council on whether the City of Woodburn shall annex that property as referenced on the diagram attached hereto as Exhibit 'A'. Section 2. Pursuant to ORS 222.120, no election is required on this issue. Section 3. Notice of said hearing shall be published once each week for two successive weeks prior to the day of the hearing in a newspaper of general circulation in the city, and notices of the hearing shall be posted in four public places in the City for a like period. 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 Nancy A. Kirksey, Mayor Page I - COUNCIL BILL NO. RESOLUTION NO. I I I i I I I _ , ! I I I --~_. ! I I I I I I I I I I I I I I I I I I I I I I I I I I I. I I I I I I I I I I I I I I '1 I I I I I I I I I I I I I I I / I~...... I I / [ '"' '"' '"- J ~ L. / I / l ,I :/ I I I I I I I I I I I I' I I I I I i I ]i I I I I I I I I I I I .I I I I I I I I I ! I I I I I I I I I I I' 10C MEMO TO: FROM: SUBJ.: Mayor and City Council Chris Childs, City Administrator ~ Attendance Policy for Boards/Commissions/Committees DATE: April 20, 1995 RECOMMENDATION: Approve accompanying Council Bill (Resolution) establishing an attendance policy for Boards, Commissions and Committees. I~ACKGROUND: This policy addresses concerns raised over the past several months by the Mayor and various Councilors in respect to attendance by appointees to City Boards, Commissions or Committees. The process described in the Resolution is fairly self-explanatory. This policy will apply to all committees authorized by Charter or created by the Council. In the case of any conflicting committee rules or bylaws, this new citywide policy will prevail. The Library Board, for instance, has already made tentative amendments to its bylaws subject to implementation of this policy. This attendance policy places certain responsibility with an appointee, based on his/her attendance record. Differentiation between an 'excused' absence vs. an 'unexcused' absence becomes moot; 'an absence is an absence' and an individual is limited in the number of absences for whatever the reason. Conversely, the policy affords the governing body a prescribed and reasonably non-political means of dealing with excessive absenteeism from boards or committees charged with ongoing attention to city affairs. 10C COUNCIL BILL NO. 1623 RESOLUTION NO. A RESOLUTION ESTABLISHING AN ATTENDANCE POLICY FOR BOARDS, COMMISSIONS, AND COMMITTEES WHEREAS, citizen participation committees is encouraged to assist the determining the future of the City, and on various boards, commissions, and Mayor and Council in governing and WHEREAS, the Mayor and Council deem it necessary to provide rules by which board, commission, and committee members are expected to abide by when serving in those appointed positions, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. All board, commission, and committee members are expected to regularly attend all meetings of such board, commission, or committee. Section 2. If a member of a board, commission, or committee created by the Council fails to attend at least 50% of the meetings of that board, commission, or committee within a calendar quarter, the following procedure shall apply: A. The Mayor shall inquire to determine the cause of the nonattendance. B. The Mayor shall ask the chair of the board, commission, or committee to contact the member and remind the member that commitment to attendance is a key responsibility of membership and advise the member that improved attendance will be required. C. If the member fails to attend at least 50% of the meetings within the next following calendar quarter, the Mayor shall ask the member to resign. D. If the member refuses to resign upon request by the Mayor, the Mayor shall forward a report to the Council and, upon majority vote of the Council, the position shall be declared vacant. Itl ti. Robert Shields Approved as to form: City Attorney Date APPROVED: Nancy A. Kirksey, Mayor Page I - COUNCIL BILL NO. _~ RESOLUTION NO. IOD MEMORANDUM TO: Woodburn Mayor and City Council THRU: Chris Childs, City Administrator FROM: J'~/'?/Nevin Holly, Director Recreation and Parks SUBJECT: Expenditure of Community Center Glft Proceeds From Martha Eisenegger Estate DATE: April 19, 1995 Council will recall the City of Woodbum formally accepted a $10,000 gift from the estate of Martha Eisenegger via Council Bill 1613 at their March 13, 1995 regularly scheduled City Council Meeting. The accompanying Resolution allows for the expenditure of these funds. Mrs. Eisenegger specified these funds be spent on the Woodburn Community Center. Projects which we have specifically identified are raising the lights in the auditorium and installing new fixtures, new tile counter tops in kitchen area and new hall carpeting in the upstairs area. Additional small projects and equipment purchases are identified if the expenditure levels allow. The Woodbum Recreation and Parks Department is grateful for the generosity expressed by the late Mrs. Martha Eisenegger. NH:swp 1OD com~ci~, sz~.~. No. 1624 ORDINANCE NO. AN ORDINANCE MAKING AN APPROPRIATION FOR A BEQUEST RECEIVED FROM THE ESTATE OF MART~A EISENEGGER DURING FISCAL YEAR 1994-95v AND DECLARING AN EMERGENCY. WHEREAS, Oregon Revised Statutes 294.326 provides for the expenditure of bequests transferred to a municipal corporation for a specific purpose, and WHEREAS, the City Council adopted Resolution No. 1283 on March 13, 1995, accepting a bequest from the estate of Martha Eisenegger to be used for the Woodburn Community Center, now, therefore, THE CITY OF WOODBURN ORDAINS ~S FOLLOWS~ Section 1. That the appropriations within the Parks and Recreation Fund be increased for fiscal year 1994-95: PARK & RECREATION FUND: 'Donation $ 10.000 Total Park & Recreation Fund ~ 10r000 EXPENDITURES PARK & RECREATION FUND - ADMINISTRATION: Capital Outlay - (020-200'-713.012) Building Improvements S 10.000 Total Park & Recreation Fund Appropriation ~ 10r000 Section 2. This ordinance being necessary for the immediate preservation of the public peace, health and safety, in that adoption of the appropriations will insure the availability of funds when the improvements are completed, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Is/N. Robed Shields Approved as to Form: city Attorney Date APPROVED NANCY A. KIRKSEY, M~YOR Page 1 - COUNCIL BILL NO. ORDINANCE NO. Libra~ CITY OF WOODBURN 280 Garfield Street · Woodburn, Oregon 97071 · 982-5252 MEMORANDUM IOE TO: FROM: DATE: RE: MAYOR AND CITY COUNCIL through CHRIS CHILDS, CITY ADMINISTRATOR LINDA SPRAUER, LIBRARY DIRECTOR /~ April 20, 1996 ART DONATION As you will recall, Dr. Larry Davis made a major donation to the Woodbum Public Library of framed, numbered art prints in March of 1994. These brought the total number of donated prints to 56. The prints are mostly of birds, but several other animals are also represented all in their natural habitat. The prints are by well;known, contemporary artists such as: John Pitcher, Rod Frederick, Richard Sloan, and Owen Cromme. John Pitcher, one of the artists, was at the Woodbum Public Library on May 10, 1994 through the efforts of Dr. Davis and sponsored in part by The Friends of the Woodbum Public Library. The artist presented a slide/lecture program describing start to finish one of his paintings, including his sketch books and field journals. He brought some of his work in the form original paintings. Dr. Davis, former Library Board member, was also recognized then for his contribution to the Library and the community. The library is quite fortunate to be the recipient of such a gift. This resolution and agreement formalize the donation both for Dr. Davis' records and for the future administration by the City and the Library. RECOMMENDATION: The Council approve the resolution and accompanying agreement c0n ming the donation of art to the Woodbum Public Library by Dr. Larry Davis. IOE COUNCIL BILL NO. 1625 RESOLUTION NO. A RESOLUTION ACKNOWLEDGING ACCEPTANCE OF AN ART DONATION AND ENTERING INTO AN AGREEMENT WITH DR. LARRY DAVIS. WHEREAS, Dr. Larry Davis has donated certain art prints to the City as a public spirited and philanthropic gesture, and WHEREAS, it is desirable to memorialize the acceptance of this donation in an agreement with Dr. Davis, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Larry Davis. The City acknowledges and accepts the art donation made by Dr. Section 2. In order to memorialize said donation, the City enters into the Art Donation Agreement attached to this resolution as Exhibit "A', which is, by this reference, incorporated herein. Section 3. The Mayor is authorized to execute said agreement on behalf of the City. Approved as to form: IS/N. Robert Shlel~ ~ " city Attorney Date 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 Nancy A. Kirksey, Mayor Page I - COUNCIL BILL NO. RESOLUTION NO. IOE ART DONATION AGP,.E~ THIS AGREEMENT, made and entered into this day of , 1995, by and between the CITY OF WOODBURN, OREGON (hereinafter referred to as #City~) and DR. LARRY DAVIS (hereinafter referred to as #Donor#). WHEREAS, Donor owns certain art prints that he has collected over the years, and WHEREAS, Donor, as a public spirited and philanthropic gesture, desires to donate the art prints to City, and WHEREAS, Donor wants said art prints to be displayed in the Woodburn Public Library so that they can be enjoyed by the residents of Woodburn, and WHEREAS, City wishes to accept this donation so that its residents can benefit thereby; NOW, THEREFORE, In consideration of the mutual promises and agreements set forth herein, it is agreed as follows: 1. Donor gives all title and interest in the art prints referenced herein to City to use or dispose of as it deems appropriate. The art prints are more specifically referenced in Exhibit #A# which is attached hereto and, by this reference incorporated herein. City intends to displaythe art prints in the Woodburn Public Library so that they can be enjoyed by its residents. 2. Notwithstanding section i above, City agrees to allow Jeffrey Lee Davis and Denise Louise Davis, Donor's children, to select and claim one art printeach, from the collection, for their personal ownership. This selection is to b e made within 10 years after the execution of this agreement and before December 31. 2005. City agrees to maintainthe art print collectionuntil January 1. 2006 or such time as Donor's children have made their selections pursuant to this agreement, whichever comes first. DR. LARRY DAVIS CITY OF WOODBURN BY: DATE DATE2 'l OE WOODBURN PUBLIC LIBRARY DONATED ART PRINTS ARTIST TITLE (SUBJECT) ARTIST TITLE (SUBJECT) John Pitcher [*cracked glass] ALASKAN WILLOW PTARMIGAN ARCTIC TERN ARCTIC TERN #2 (not matted) BIDING TIME (Blue Heron) BLACK AND BLUE (Black Bear) BLACK CAP CHICKADEE BOHEMIAN WAXWING COASTAL PEREGRINES COMMON REDPOLL COMMON SNIPE COMMON SNIPE #2 (not matted) FIRST ENCOUNTER (Gdzzly Bear) FIRST FLIGHT (Golden Eagle) FOREST EDGE (Whitetail Deer)* GREAT GREY OWL HORNED PUFFIN LOON ALERT (Common Loon) MARSH REFLECTIONS (Common Snipe) MORNING FLIGHT (Bald Eagle) NORTHERN BALD EAGLE* ROBIN AND MAGPIE RUBY-CROWNED KINGLET SHAMA AND PLUMERIA (Shama Thrush) SHARP-SHINNED HAWK SIDE BY SiDE (Gulls) SPRING BECKONING (Canada Goose) SPRING ON THE RIVER (Eagle) SUMMER FLEDGLING (American Robin) SUNRISE SPLENDOR (Pintail) THROUGH THE GRASS (Snowy Owl) TUNDRA LIVING (Lapland Longspur) WHISTLING SWANS WINTER CARDINALS WINTER ON THE RIVER (Bald Eagle)* WINTER'S WATCHFUL EYE (Bald Eagle) YUKON BLACK-CAPPED CHICKADEE Owen J. Gromme CONFRONTATION (Eagle and Gazelle, Africa) GOSHAWK AND YOUNG Michael Dumas BURROWING OWL COOPER'S HAWK Robert Bateman BLUE BIRD AND BLOSSUMS Alan M. Hunt GUARDIAN OF THE LAST FRONTIER (Gyrfalcon) Wanda Mumm WINTER PERCH (Kestral) Seery Lester PLAINS HUNTER (Prairie Falcon) Call Brenders MERLINS AT THE NEST Morten Solberg FATEFUL MOMENT (Red-tailed Hawk) Richard Sloan HAUNTS OF THE MAYAN GODS '- (Orange Breasted Falcon) ICY STILLNESS (Gyrfalcon) ON THE BEACH (Peregrine Falcon) PEREGRINE SWOOPING Leo Kromschroeder PURSUIT ON THE DECK (Peregrine & Baffiehead) Rod Frederick EARLY EVENING GATHERING (Antelope) FIRST MOMENTS OF GOLD (Elk) FROM TIMBERS EDGE (Wolf) HIGH SOCIETY (Mountain Goats) LOS COLORES de CHIAPAS MISTY MORNING SENTINEL (Hawk) IOF MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager Used Pickup Bid April 18, 1995 RECOMMENDATION; Reject the bid received for City of Woodburn bid number 95-16 for a used pickup truck. BACKGROUND: City of Woodburn bid number 95-16 for a used pickup truck for the building inspector was opened and read at 2:00 pm on April 17, 1995. There was only one bid received: Hillyer's Ford 1995 Ford $14,500.00 This amount is far in excess of the amount budgeted for this vehicle and staff's recommendation is that this bid be rejected. The city has advertised for this vehicle once previously and bids received were also too high and were rejected. The city, up to this point, has advertised locally and requests for bid documents have been from dealers in the local area. In order to obtain exposure to dealers who may have a larger inventory of these type vehicles staff will readvertise for the vehicle in the Salem and Portland area as well as locally. It is hoped that this increased exposure would result in a satisfactory bid that is within the budgeted amount. lOG CITY OF WOODBURN POLICE DEPARTMENT 270 Montgomery Street Woodburn,~Oregon 97071 Patrol Operations L eutenant 982-2345 Ext.352 Date: April 19, 1995 To: Mayor and Council Subject: Liquor License Partner Addition, WPD 95-2223 Applicant: Susan K. Rezniesek Senior Estates Golf & Country Club 1776 Country Club Rd. Woodbum Location: Senior Estates Golf & Country Club Restaurant 1776 Country Club Rd. Restaurant- Add Parmer On April 3, 1995 the Woodbum Police Department received and began the background investigation for the application of Susan Reznicsek for Additional Partner Restaurant Liquor License, at Senior Estates Golf & Country Club. The investigation was completed on April 19, 1995. No information or material was found to prohibit the applicant from obtaining a liquor license. Susan Reznicsek has recently taken over the operation/management of the restaurant at Senior Estates Club House and is currently serving alcohol under a 60 day temporary OLCC license. Senior Estates Golf & Country Club will continue to be on the OLCC License. Senior Estates Golf & Country Club will maintain ownership of business property. Susan Rezniesek has not previously held an OLCC license. The restaurant will be open to the public seven days a week from 8:00 a.m. to 3:00 p.m. and 8:00 a.m. to 8:00 p.m. on Fridays. No special conditions of operation have been identified due to the exceptionally sound operational history of the business. RECOMIVIENDATION The Woodburn City Council recommend to OLCC the approval of an additional partner, Susan K. Reznicsek, to the Restaurant Liquor License, at Senior Estates Goff & Country Club. IOH CITY OF WOODBURN POLICE DEPARTMENT 270 Montgomery St~-~ Woodburn, Oregon 97071 Paul E. Null~ Patrol Operations Lieutenant 982-2345 Ext.352 Date: To: Thru: Re: April 19, 1995 Mayor & City Council C. Childs, City Administrator Cinco De Mayo Sound Amplification Amendment On March 20, 1995, the Woodburn City Council approved the use of sound amplification for the Cinco De Mayo Celebration, sponsored by Centro Cultural. Days and hours of approval are as follows: Friday, May 5, 12:00 p.m. to 10:00 p.m. Saturday, May 6, 12:00 p.m. to 8:00 p.m. Friday, May 7, 12:00 p.m. to 7:00 p.m. On April 19, 1995, I was contacted by a representative of Centro Cultural, requesting that the sound amplification permit be extended to 10:00 p.m. on Saturday, May 6, 1995. RECOMlVIF~NDATION: Extend authorization of the use of sound amplification equipment, to Centro Cultural, on Saturday, May 6, 1995, to 10:00 p.m. 15A MEMO TO: FROM: SUBJECT: DATE: City Administrator for Council Information Randy Scott, CE Tech III, through Public Works Direct ' Project Status, Settlemier Ave Resurfacing April 20, 1995 Weather continues to delay the placement of the final course of asphalt. As reported previously, the contractor needs a minimum of one week of warm, dry weather to complete the project. The difference between this paving operation and others being paved at this time is the thickness of the lift and the bonding requirements. Settlemier final lift is 1/2 to 1" in depth which must bond to the existing surface. Country Club Road realignment and Evergreen Road extension are between 2-1/2 and 3 inches in depth, which will hold the heat longer. It also does not need to bond to the rock base it is being placed on. The weather is supposed to improve by the week of the 24th. contractor to place the final lift during this period. We have scheduled the RS:Ig SETLSTAT.3 15B MEMO TO: FROM: SUBJECT: DATE: City Administrator for Council Information (~,~ Randy Scott, CE Tech III, through Public Works Director Project Status, Country Club Road Realignment/Evergreen Road Extension April 20, 1995 Phase Two of the Country Club Road Realignment construction sequence is proceeding on schedule. Today the street is being paved; by the end of the week the concrete sidewalks and approaches should be poured, Weather permitting, striping should be completed by the first of next week and open to traffic by the first of May. Evergreen Road extension to the north of Hwy 214 has been paved and the required signal modification is 90% complete. Depending on weather conditions, the detector loops and striping should be completed next week and the street opened up to traffic by the first week of May. CCEV~,RN Library CITY OF WOODBURN 280 Garfield Street · Woodburn. Oregon 97071 · 982-5252 MEMORANDUM TO: FROM: DATE: RE: MAYOR AND CITY COUNCIL through CHRIS CHILDS, CITY ADMINISTRATOR LINDA SPRAUER, LIBRARY DIRECTOR 7~ ' April 19, 1995 CHILDREN'S SERVICES IMPROVEMENT GRANT "OUTSTANDING PROJECT AWARD" FROM THE OREGON UBRARY ASSOCIATION. This letter was received and read at the Library Board's regular monthly meeting. This is the grant application presented to you last September in which you were asked to "Please lend your support and approval by motion and direct that the signature of the City Administrator may be added to the final application form." You complied, the application was submitted and funded. The money was received in the amount of $1,621. The purpose of the grant is to purchase a new Macintosh computer and educational software (for both the Macintosh and the two Apple computers the library already owns) for the Youth Services area. This allows the library to offer educational programs to the pdmarylsecondary school age children and particularly to "Home- Schoolers" who do not have access to classroom computers. This new (and upgraded) service will be ready for use by the youth on May 2 and will be evaluated on an on-going basis for additions and improvements. Undoubtedly the grant application for next fiscal year will be to continue and expand this program further.' I will be presenting informafio.n about our project at the Oregon Library Association's annual conference next week in Portland since Maureen 8rnith, Youth Services Librarian is recovering from recent surgery. O . eon /-. ssodation 15C March 4, 1995 Linda Sprauer, Director Woodburn Public Library 280 Garfield Street Woodbum, OR 97071-4698 Dear Linda: Congratulations on the designaUon of your library's 1994-95 Children's Services Improvement Grant project as an "Outstanding Project". As one of the top ten projects in the state, your library will receive a certificate and a spokesperson of your choice will be given the opportunity to tell others about your program at the 1995 OLA Conference. The session featuring these outstanding projects, Commitment to Kids, is at 8:30 a.m. on Thursday, April 27th. It will be in the conference center at the Portland Hilton Hotel. Please let me know ff Maureen or another staff member will be presenting your library's project so that the agenda can be drawn up. This presentation need only be about five minutes long and could be about successes achieved and challenges faced while carrying out the project. It would also be helpful ff your library spokesperson could .bring handouts about the project for 100 audience members. If there is any financial question about a staff member being able to attend, please contact me. The Children's Services Division does have scholarship money available ff needed. I look forward to hearing about your Outstanding Project~ Sincerely, Rebecca Cohen, Chair OLA Children's Services Division 35 NW Nyc Street Newport, OR 97365 (503) 265-3109 FAX (503) 265-2793 APR 24 '95 08:BBRM LEAGUE OF OR CITIES 68th OREGON LEGISLATIVE ASSEMBLY-19S$ P~Kulsr S~ssion House Bill 3387 Sponsored by Representative TIEP~NAI~ ~e falla~ng summa~ is ng prepared by ~e ap0ns0rs of ~e meas~e ~d is no~ s part 0f ~e b~y ~e~of subje~ ~ ~Me~on by ~he ~ls~ve ~semb~. It is an e~ffs bgef s~ment of ~e zssen~al fea~s of ~e me~ ~ ~du~d. Pro,bits public employees and pubhc employers ~om ~icating any in~o~ati0n rela~ng ~ ~y ~ndidate, measure or poli~c~ c0m~t~ d~ 60-day.pe~0d.~or ~ ~lection or marling 0f ballots. Imposes ci~l pen~ty of $10,000 or c0s~ cI co~unica~ton, wmcnever ~ ~ea~r. 1 A BTT.I, FOR AN ACT 2 l~lating to elections; creating new provisions; and amenclin~ ORS 260.995. s Be It Enacted by the People of the State of Oregon: 4 SECTION 1. Section 2 of this Act is added to ~nd made a part of OP.S chapter 260. 5 SECTION 2. (1) During the period described in subsection (2) of this section, a public 6 employer or public omployee shall not cause to be written, prlnt~d, publishecL posted, 7 broadcast, mailed, communicated or circulated, any letter, circular, bill, placs_--d, poster, 8 photograph, broadcast, publication or other communication that relates to any cancllclat~ or 9 measure on the ballot at the election z, efe~'red to in subsection (2) of this section or to any 10 political commit~e supporting or opposing an~ candidate or measure on the ballot at the 11 election referred to in subsection (2) of this section. 12 (2) Sub~ectlon (1) of this section applies during the period beKinning on the 60th day 13 fore the date of an election or, if the election is conducted by mai~ on the 60th clay be_fore 1~ the ~u~t day that the count~ clerk may mail ballots under ORS 254.470 and ends on the date 15 of the election. 16 (3) If a civil penalty is imposed under'ORS 260.995 for a violation of subsection (1) of this 17 section, the public employee or employees responsible for the violation shall be personally 1S liable for payment of the penalty. Notwithstanding any other provision of law, a public em- 19 ploTer may not by any me~2s provide for indemnit~cation of a public employee liable to pay ~0 a civil penalt~ for violatin~ subsection (1) of this section. 21 (4) A, public employee who, in the course of an employment relationship, has the au- 22 thority to direct, control or influence the actions of another public employee, and who knows ~3 of and acquiesces in any action of that public employe~ that violates any provision of sub- 21 section (1) of this section, shall be considered to violate subsection (1) of this section. 2~ (5) Nothing in this section shall prevent: ~6 (a) A public employer or public employee from responding to any person who makes a 27 specific inquiry regarding a candidate, political committee or measure; or 28 Co) Use of buildings or real property owned by a public employer for the purpose of dis- ~) semlnating information regarding measures so long as any person is provided the opportu- ~0 nity to participate. SI (6) As used in this section, '~ublic employer" includes any board, commission, commit- NOTE: Mac~r Ln boldr~ed c~p¢ in an amended section is new; mater [lt~lic ~v~ b~cieted] is existin~ law ~o be omic~d. New s~cti0r~s Gte in bold~c~d tyl~. APR lO 02:34PM LEAGUE OF OR CIT'~ffS~°' P.3/4 ~ee, deparbuent, division or institution in the executive, adnLinistra~ive, legislative or judicial branch of state government, and any county, city, district or other municipal corporation or public corporation orl~an~zed for a public purpose,./nclud~ug a cooperative body formed between municipal or publ/c corporation~ $1~.CTIOI~ 3, OIlS 260,995 is amended to read: 260.995. (1) Except as provided in subsection (2) of this section, following an investigation under OP, S 260.345, the Secretary of State or Attorney General may impose a civil penalty not to exceed $250 for each violation of any provision of Oregon Revised Statutes relating to the conduct of any election, any rule adopted by the Secretary of State under 0ES chapters 2t6 to ~.60 or any other matter preliminary to or relating to an election, for which no penalty is otherwise provided. 11 (2) The Secretary of-qtate or the Attorney General may impose a civil penalty: I2 (a) Not to exceed $1,000 for each violation of OP~ 251.049 (3) or 251,405 ($); or 13 Co) In an amotmt not less than $10,000 or the cost of the communication, whichever is Il greaterw/or each violation of section 2 of this 1995 Act. 15 (3) Except as otherwise provided by this section, civil penalties under this section, shall be ira- 16 posed as provided in ORS 183.090. In addition to the requ/rements of ORS 155.090, the notice shall i? include: 18 (a) A statement of the authority and jurisdiction under wkich the hearing is to Be held; and 15 (b) If the person is an a~ency, corporation or an unincorporat~l association, a statement that 20 such person must be represented by an attorney licensed in Oregon, unless the person is a political ~i committee which may be represented by any officer identified in the most recent statement of or- 22 ganization filed with the filing officer. 2s (4) A hearing on whether to imposo a civil penalty and to consider circumstances in mitigation 24 shall be held by the Secretary of State or Attorney General: Z5 (a) Upon request of the person against whom the penalty may be a~sessed, if the request is made ~ not later than the 20th day after the date the person received notice sent under subsection (3) of Z7 this section; or 2~ (b) Upon the Secretary of State's or Attorney General's own motion. ~ (5) The person against whom a penalty may be assessed need not appear in person at a hearing ~ held under this section, but instead may submit written testimony and other evidence, sworn to be- 31 fore a notary public, to the Secretary of State or Attorney General for entry in the I~earir~ record. ~2 Such doaunents must be received by the Secret~ry of State or Attorney General not later than three 33 business days before the day of the hearir~. 34 (6) All hearings under this section ~halI be held not later than ~0 days after the deadline for tl~e a5 person a~ainst whom the penalty may be assessed to request a hearing. However, if requested by ~6 the person against whom the penalty may be assessed, a hearing under subsection (4) of this section 37 shall be held not later than 45 days after the deadline for the person a~ainst whom the penalty may as be assessed to request a hearinl. ~9 (7) The Secretary of S~ate or Attorney General shall issue an order not Ia~er than 90 days after 40 a hearing or after the deadline for requesting a hearinll if no hearing is held. 41 (8) Except as provided in this subsection, all penalties recovered under this section shall be paid 42 into the S~ate Treasury and credited to the General Fund. A penalty that is recovered from a person 43 who violated ORS 260.432 (1) or from a public employee who violated 01~ 260.432 (2) shall be 44 remitted as follows: 45 (a) If the public employee involved is an employee of the state or any of its a~encias or insti-