Agenda - 02/14/1994CITY OF WOODBURN
270 MONTGOMERY STREET *** * WOODBURN, OREGON
AGENDA
WOODBURN CITY COUNCIL
FEBRUARY 14, 1994 - 7:00 P.M.
10.
A. Council minutes of January 24, 1994 regular meeting, February 1, 1994
special meeting, February 2, 1994 workshop.
B. Planning Commission minutes of January 27, 1994.
C. Recreation and Park Board minutes of January 31, 1994
D. Library Board minutes of January 26, 1994.
APPOINTMENTS:
ANNOUNCEMENTS:
ST. PATRICK'S DAY PARADE, MARCH 19, 1994.
PROCLAMATIONS
A. Chamber of Commerce
B. Other Committees
A. Written
(This allows public to introduce items for Council consideration
not already scheduled on the agenda.)
A. Tax Coordination Plan/1994-95 Total Levy Authority.
A. Council Bill No. 1510 - Resolution finding building located at
347 N. Front Street (Salud building) to be a dangerous building.
A, Council Bill No, 1521 - Resolution of support for grant to facilitate
completion of city-wide Transportation Plan,
~A
~A
9A
10A
Page I - Council Agenda, February 14, 1994
Bo
De
Council Bill No. 1§22 - Resolution entering into agreement with State of
Oregon to provide safety belt and helmet law enforcement (grant).
Council Bill No. 1523 - Resolution entering into agreement amendment
with Chemeketa Community College (Regional Library Service).
Council Bill No. 1524 - Ordinance amending civil infraction ordinance.
Annual liquor license renewals.
(PLEASE REFER TO SUPPLEMENTAL PACKET)
Bid award: dump body.
10B
10¢
10D
10E
10F
A. Claims for the month of January, 1994.
A. Oregon Golf Association maintenance facility.
B. Recreation and Parks utility building and office complex.
A. Administrator goals and accomplishments.
B. City bonded indebtedness limits.
C. Charter amendment/followup election of appointed Council member.
D. Opinion concerning connection fee subsidy.
E. Cooperative pedestrian circulation study for Woodburn High School.
F. Building Activity Report for 1993.
11A
14A
14B
I§B
15C
15E
15F
Page 2 - Council Agenda, February 14, 1994
COUNCIL MEETING MINUTES
January 24, 1994
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0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY
OF MARION, STATE OF OREGON, JANUARY Z4, 1994.
CONVENED. The Council met in regular session at 7:00 p.m.
with Mayor Kelley presiding.
0010 ROLL ..... C~LL
Mayor Kelley Present
Councilor Figley Present
Councilor Galvin Present
Councilor Hagenauer Present
Councilor Jennings Present
Councilor Mitchell Present
Councilor Sifuentez Present
Staff Present:
City Administrator Childs, City Attorney Shields, Public Works
Director Tiwari, Community Development Director Goeckritz,
Park Director Holly, Police Chief Wright, Finance Director
Gritta, Library Director Sprauer, Public Works Manager Rohman,
City Recorder Tennant
0020
MINUTES.
FIGLEY/SIFUENTEZ .... Council minutes of January 10, 1994
regular and executive session be accepted. The motion passed
unanimously.
OO38
/%PPOINTN~NTS - PLANNING COMMISSION.
Mayor Kelley stated that due to the recent resignation of Paul
Johnson from the Planning Commission, five positions were
vacant on the Commission. He read a statement regarding his
decision to appoint Lillian Warznyski as one of the five
individuals to the Commission due to her expertise as a past
member. He also reiterated his desire to make the various
boards and commissions more diverse and to allow other members
of the community to serve on these boards and commissions.
Mayor Kelley appointed the following individuals to serve on
the Planning Commission: Pam Davis (12/95), Robert Finch
(12/96), James Atkinson (12/97), Gary Kosikowski (12/97), and
Lillian Warznyski (12/97).
FIGLEY/SIFUENTEZ .... the appointments of Pam Davis, Robert
Finch, James Atkinson, Gary Kosikowski, and Lillian Warznyski
be approved. On roll call vote, the motion passed
unanimously.
In attendance at the meeting were the new appointees,
excluding James Atkinson who was unable to attend due to a
change in his work schedule.
Page i - Council Meeting Minutes, January 24, 1994
COUNCIL MEETING MINUTES
January 24, 1994
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0117
APPOINTMENTS - R.S.V.P. ADVISORY COUNCIL.
Mayor Kelley appointed Donna Hendricks to the RSVP Advisory
Council.
FIGLEY/SIFUENTEZ .... appointment of Donna Hendricks be
approved. The motion passed unanimously.
0167
MEETING ]%NNOUNCEMENTS.
The Woodburn Budget Committee meetings are scheduled for
January 25 and 27, 1994, and February 1, 3, 8, and 10, 1994.
The meetings will be held at 7:00 p.m. each evening.
A Council workshop regarding 9-1-1 wil be held on Wednesday,
February 2, 1994, 7:00 p.m., at Woodburn City Hall.
0178
PROCLAMATION - CATHOLIC SCHOOLS WEEK.
Mayor Kelley proclaimed January 31 - February 6, 1994, as
Catholic School Week in recognition and appreciation for the
contribution the catholic school makes within the community.
.0186
~%MBER OF COMMERCE REPORT.
Patrick Vance, Chamber Board member, reminded the Council that
the annual Distinguished Service Award reception will be held
on Wednesday, February 9th, at the United Methodist Fellowship
Hall. Formal announcement of the recipients will be on
February 2nd in the Woodburn Independent. He also stated that
the Chamber is distributing a brochure to local businesses and
homeowners regarding graffiti removal and he commended them
for their early removal of graffiti from their buildings.
0251
0322
WASTEWATER ADVISORY COMMITTEE REPORT~
Councilor Mitchell stated that the Committee had met with the
Council last week to address goals and receive Council input
as to what direction the Committee should pursue. He stated
that he was impressed on the number of people in attendance of
interested residents, representatives from local businesses,
and representatives from other local communities to provide
input on this issue. Me attributed the attendance to the work
being done by Barbara Lucas who mailed notices of the meeting
not only to local businesses but also to other surrounding
cities. He stated that the next meeting will be held in March
and he urged the public to attend.
Mayor Kelley stated that he is working with a group of
citizens interested in coordinating a St. Patrick's Day parade
on Saturday, March 19th. Anyone interested in participating
are asked to contact Dan Glennon or himself for further
information.
0346
FIGLEY/GALVIN .... Council Bill 1506 be removed from the table.
The motion passed unanimously.
Page 2 - Council Meeting Minutes, January 24, 1994
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0471
0490
COUNCIL MEETING MINUTES
January 24, 1994
COUNCIL BILL 1506 - RESOLUTION FINDING TI~AT THE BUILDING
LOCATED AT 199 N. FRONT STREET IS A DANGEROUS Bv~LDING.,
Council Bill 1506 was introduced by Hagenauer. The bill was
read by title only since there were no objections from the
Council.
Councilor Figley stated that her main reason for removing the
bill from the table was to receive a progress report from the
staff and/or property owner.
Community Development Director Goeckritz stated that the City
had received an engineering and preliminary architectural
report today. The same plan has been submitted to Marion
County and the Woodburn Fire Department for review. Staff
estimates the time frame for review to be approximately 4
weeks. Some additional architectural plans need to be
submitted before the various agencies can complete their
review of the plans.
Nora Fives, representing the property owner, stated that the
masons were ready to start work on the building next week,
however, they will now have to wait until the plans are
approved.
FIGLEY/SIFUENTEZ... Council Bill 1506 be re-tabled until the
second regular meeting in February (February 28, 1994). The
motion passed unanimously.
FIGLEY/GALVIN .... Council Bill 1510 be removed from the table.
On roll call vote, the motion passed unanimously.
COUNCIL BILL 1510 - RESOLUTION FINDING THAT THE BUILDING
LOCATED AT 347 N. FRONT STREET IS A DANGEROUS BuiLDING (S]~LUD
BUILDING).
Council Bill 1510 was read by title only since there were no
objections from the Council.
Community Development Director Goeckritz stated that a letter
from the Dept. of Health and Human Services Grant Management
Director had been sent to A1 Nunez stating that they were
wiling to transfer their financial interest in the old
building to a new facility, therefore, selling the old
building only needs the approval of the Public Health Service.
Salud is hoping to negotiate the sale of the property to
another agency who would be able to rehabilitate it for their
use.
Director Goeckritz also stated that the fire recent fire at
311 N. Front Street did not affect the Salud building.
FIGLEY/SIFUENTEZ .... Council Bill 1510 be re-tabled until
February 14, 1994. The motion passed unanimously.
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January 24, 1994
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0592 COUNCIL BILL 1514 - ORDINANCE R~C?.aRSIFYING CERTAIN PROPERT~
LOCATED ON NORTHWEST CORNER OF HI~-wAY 99E & WILLI~-MS
FROM MULTI-FAMILY RESIDENTIAL TO COMMERCIAL
Council Bill 1514 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 Kelley declared Council Bill 1514 duly passed with the
emergency clause.
0631 COUNCIL BILL 1515 - RESOLUTION AUTHORIZING AGREEMENT WITH
BURLINGTON ENVIRONMENTAL FOR DISPOSAL OF C~RTAIN ~AZ~RDOuS
WASTE MATERIALS,.
Council Bill 1515 was introduced by Hagenauer. The bill was
read by title only since there were no objections from the
Council. On roll call vote for final passage, the bill passed
unanimously. Mayor Kelley declared Council Bill 1515 duly
passed.
0650 COUNCIL BILL 1516 - RESOLUTION ENTERING INTO ~N AGREEMENT FOR
pROFESSIONAL SERVICES WITH KITTLESON~ND ASSOCIATES~
Council Bill 1516 was introduced by Councilor Hagenauer.
Recorder Tennant read the bill by title only since there were
no objections from the Council.
Staff advised the Council that the State Highway Department
will reimburse the city for the additional traffic analysis to
be performed under this agreement since the State has
requested this information from the consultants.
On roll call vote for final passage, Council Bill 1516 passed
unanimously. Mayor Kelley declared the bill duly passed.
0680 COUNCIL BILL 1517 - RESOLUTION ENTERING INTO AN AGREEMENT FOR
pROFESSIONAL SERVICES WITH MURR~Y, SMIT~, & ASSOCIATIONS FOR
REPAIR ~ND PAINTING OF ELEV~TEDI~ATER RESERVOIR~.
Councilor Hagenauer introduced Council Bill 1517. The bill
was read by title only since there were no objections from the
Council. On roll call vote for final passage, the bill passed
unanimously. Mayor Kelley declared Council Bill 1517 duly
passed.
0698 COUNCIL BILL 1518 - RESOLUTION ~NTERING INTO LETTER OF
AGREEMENT WITH CL~CK~/~aR COUNTY FOR PUDDING Riv~k BASIN
SERVICE PROVIDER STUDY.
Council Bill 1518 was introduced by Councilor Hagenauer. The
bill was read by title only since there were no objections
from the Council. On roll call vote for final passage,
Council Bill 1518 passed unanimously. The Mayor declared the
bill duly passed.
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January 24, 1994
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0722 COUNCIL BILL 1519 - RESOLUTION AUTHORIZING AGREEMENT WITH
STATE GENERAL SERVICES DEPARTN~NT FOR PURCHASING.
Council Bill 1519 was introduced by Councilor Hagenauer.
Recorder Tennant read the bill by title only since there were
no objections from the Council. On roll call vote for final
passage, the bill passed unanimously. Mayor Kelley declared
the Council Bill 1519 duly passed.
0744 COUNCIL BILL 1520 - RESOLUTION~FFI~NTNG THE DECISION OF THE
WOODBURN PL~/~NING CO~ISSION IN SUBDiviSION CASE ~93-03
(WESLEY SUBDIVISION).
Council Bill 1520 was introduced byHagenauer. The bill was
read by title only since there were no objections from the
Council. On roll call vote for final passage, Council Bill
1520 passed unanimously. The Mayor declared the bill duly
passed.
0766 OLCC LICENSE REQUEST - CHU'S EATERY.
Police chief Wright recommended the approval of the Class A
Dispenser liquor license application submitted by Peter and
Annie Chu for their establishment located at 1390 N. Pacific
Highway (formerly Brack's Restaurant).
FIGLEY/HAGENAUER .... approve the Class A liquor license
application of Peter andAnnie Chu DBA: Chu's Eatery. The
motion passed unanimously.
0793 REQUEST FOR INST~LLATION OF "NO P~RKING" SIGNS ON ~LDER LANE.
Residents on Alder Lane have requested the installation of "ho
Parking" signs along the entire length of the street to
improve accessibility and provide sufficient room for
emergency vehicles, garbage collection trucks, and
recreational vehicles to drive the roadway in a safe manner.
The staff recommended the installation of the signs on the
east side of Alder Lane between Steven Street and Linda
Street.
FIGLEY/SIFUENTEZ .... request for installation of "No Parking"
signs on Alder Lane be granted. The motion passed
unanimously.
08O6
BID AWARD - SURVEY EQUIPMENT.
Bids were received from the following vendors for a total
station survey instrument, prism pole and a mini or single
prism: Pacific Laser, $5,495.00 (model Nikon D50); Johnson
Instruments, $5,795.00; Pacific Laser, $6,585.00 (model Nikon
C100); Nessco Supply, $6,660.00; and Portland Precision,
$6,999.00. Staff recommended the rejection of the low bid
from Pacific Laser (model Nikon DS0) since it did not meet
specifications and the acceptance of the next low bid from
Johnson Instruments.
FIGLEY/SIFUENTEZ .... award the survey equipment bid to Johnson
Instruments in the amount of $5,795.00 as recommended by
staff. The motion passed unanimously.
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January 24, 1994
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0828 SOLICITATION PERMIT - ~IC~N ~RT ~SSOCIATION.
American Heart Association has requested permission to conduct
door-to-door solicitation from February 6 - 14, 1994 and
applicable fees be waived. Staff recommended the issuance of
the permit since they are a non-profit corporation and there
are no reported complaints in Oregon against this
organization.
FIGLEY/SIFUENTEZ .... request for solicitation permit by the
American Heart Association, Oregon Affiliate, Inc., to conduct
a door-to-door informational and fund raising campaign in
Woodburn from February 6 - 14, 1994 be granted.
Councilor Galvin requested that the solicitation be restricted
to daylight hours.
FIGLEY/GALVIN .... amend the motion to limit the solicitation
between the hours of 8:00 am and 5:00 p.m.. The motion to
amend passed unanimously. The motion as amended also passed
unanimously.
.0882
1032
STAFF REPORTS.
Included in the agenda packet were the following reports for
the Mayor and Council's information:
1) Issues to be discussed at the February 2, 1994 Council
workshop on the draft 9-1-1 agreement;
2) Ground Water contamination update;
3) Memo Regarding recent graduation of Sgt. Tom Tennant from
the National FBI Academy;
4) Building Activity report for December 1993; and
5) Code Enforcement 1993 Annual Report.
Councilor Mitchell questioned Director Goeckritz if there was
a particular area in town that code enforcement activities
require more attention. Director Goeckrtiz stated that a
higher number of code enforcement activities are required
between Highway 99E and Front Street.
Councilor Sifuentez questioned if the committees formed
through the Community Gang Forum have formulated draft
ordinances for the City to consider.
Chief Wright stated that there are 7 committees, however, he
has only been involved with the Law Enforcement committee.-
They are meeting this evening at the high school to continue
their work on putting together a draft curfew ordinance for
legal counsel to review. They are also reviewing a proposed
nuisance house and nuisance business ordinance. Staff is
waiting for the committees to finalize their proposals.
Councilor Figley questioned if an ordinance that would allow
for confiscation of uninsured vehicles is an option available
to the Council for consideration.
Attorney shields stated that he has been working with Chief
Wright and Administrator Childs on a draft ordinance for
Council consideration. The State law deals with the towing
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January 24, 1994
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approach of uninsured vehicles, however, the City could elect
to allow for the forfeiture approach. He stated that the
draft ordinance would probably parallel the State law.
1149 Councilor Figley stated that %here continues to be some
controversy on the subject of whether or not the General Fund
is required to reimburse the System Development Funds for
monies that were not collected from developers while the
Connection Fee Subsidy ordinance was in effect. In her
opinion, if there is a legal obligation for the repayment of
funds, then the City needs to make the transfer of tax dollars
while it is in a sound financial position. If there is no
legal obligation, then it is an policy decision as to whether
or not any funds are transferred.
It was the consensus of the Council to instruct the Attorney
to prepare a legal opinion on this issue.
1247 Councilor Figley also questioned if the City is working on an
Emergency Coordinated Response program.
Administrator Childs stated that the City is working on a plan
in coordination with the Fire District and WoodburnAmbulance.
Staff is in the advance stages of preparing a complex plan
which deals with all aspects of emergency planning. In
cooperation with other local County agencies, an emergency
drill (Quake X) will be held in April.
Chief Wright advised the Mayor and Council that they will be
involved with the drill and their participation is necessary
during this exercise.
1396 Councilor Mitchell informed the Council that he had received 5
telephone calls from individuals objecting to the Privilege
Tax and now understood what the City staff has gone through on
this issue.
3430 Councilor Sifuentez stated that the pamphlet from the Chamber
of Commerce provided businesses or homeowners with valuable
information on removal of graffiti. She also wished there was
some information available on prevention.
Police Chief Wright stated that, as outlined in the pamphlet,
citizens should report, record, and remove all graffiti as
soon as possible. Citizens should call 9-1-1 to report any
crime in progress and an 0£ficer will be immediately
dispatched to the scene.
1537 John Dickinson, District Commander for the American Legion,
requested Council assistance in pursuing a State Veteran's
Home in the Woodburn area. He stated that construction of the
facility would include federal funds, however, the remaining
portion of the cost (approximately $5 million) must be borne
by the local government in which the home is built. Funding
assistance could be in the form of donations or grants such as
Economic Development (lottery funds). Issuance of C.O.P bonds
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COUNCIL MEETING MINUTES
January 24, 1994
is also a prerogative of the State as a funding option,
however, local funding of the match dollars is preferred.
Approximately 15 acres of property is necessary for this
project and it must be located within the Urban Growth
Boundary. Some local citizens interested in pursuing the
construction of this facility in our community have been
looking for a parcel of land that would meet the land
requirements which could be donated for this purpose. The
State has expressed their preference of locating the facility
in either Marion, Clackamas, Multnomah, or Washington counties
with easy access to the freeway. The facility would provide a
150 bed unit that would provide long term care for worse case
conditions and it would employ approximately 100 staff
members. Statistics show that the facility Would be a self-
sufficient operation through the savings of Medicaid dollars
that our currently being spent at private facilities.
In regards to the St. Patrick's Day parade, Mayor Kelley
stated that there would be no solicitation of local businesses
for funding nor would there be any expenditure of city funds.
He urged Councilors and interested citizens to participate in
the parade activities. Donations will be accepted to help
offset costs incurred by the parade committee.
ADJOURNMENT.
The meeting adjourned at 8:08 p.m..
APPROVED
LEN KELLEY, MAYOR
ATTEST
Mary Tennant, Recorder
city of Woodburn, Oregon
Page $ - Council Meeting Minutes, January 24, 1994
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SPECIAL COUNCIL MEETING MINUTES
February 1, 1994
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0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY
OF MARION, STATE OF OREGON, FEBRUARY 1, 1994.
0O03
~ The Council met in a special meeting at 6:30 p.m. with Mayor
Kelley presiding. The purpose of the meeting was to update the Council on the
status of the St. Patrick's Day parade.
0008
Mayo r Kelley Pre sent
Councilor Figley Absent
Councilor Galvin Present
Councilor Hagenauer Absent
Councilor Jennings Present
Councilor Mitchell Present
Councilor Sifuentez Present
0025
Page I -
Staff Present:
City Administrator Childs, Public Works Manager Rohman, City Recorder
Tennant
Mayor Kelley advised the Council that the parade is scheduled for March 19,
1994 and he has received permission from the State Highway Department to
close the center and west traffic lanes on Highway 214 between the Goodwill
Store near the north city limits south to the Eagle's Hall. The Eagle's Lodge
will be selling corned beef sandwiches and green beer and pop at reasonable
prices at the conclusion of the parade. He stated that the intent of the parade
is to increase community involvement in Woodburn and to show some support
to the local businesses along Highway 99E now that the highway improvement
is complete. He reviewed a list of groups, cities, and other interested parties
that have expressed interest in participating in the parade and he urged the
Council to also participate. He requested Council endorsement of the parade
and to extend the City's liability insurance policy for this event.
Councilor Jennings expressed his support of the parade, however, he did not
feel that the City should sponsor the event. In his opinion, the group of
individuals putting the event together should be the sponsor. He did not object
to the extension of the liability insurance but did not want to set a precedent
on sponsoring a parade. It was the consensus of other Council members
present not to sponsor the parade.
Dan Glennon, member of the Parade Committee, questioned if there would be
Police Department support regardless of City sponsorship.
Special Council Meeting Minutes, February 1, 1994
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SPECIAL COUNCIL MEETING MINUTES
February 1, 1994
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Administrator Childs stated that a parade permit needs to be completed and
submitted to the Police Chief for review and approval. The Police Department,
along with Public Works, has assisted other organizations in the past for traffic
control and placement of cones. If a parade permit is granted, the City will
continue to do their part, however, there will be additional expense involved
(approximately $520) since more barricades and cones will be required since
there will still be two lanes of traffic in operation while the parade activities are
in process. Overtime expenses will also be incurred by the Police Department
and Public Works staff. As in the past, these costs will not be billed to the
committee but absorbed by the City.
Discussion was also held on the liability release form required by the State
Highway Department. Concern was expressed as to traffic flow since
Highway 99E will remain open and traffic volume is quite high.
JENNINGS/MITCHELL... cover the St. Patrick's Day Parade under the City's
liability insurance coverage. On roll call vote, the motion passed 3-0-1 with
Councilor Galvin abstaining.
Dan Glennon stated that this is the first time that the State has granted
permission for the use of a major street as the parade route. He also stated
that he did not feel the Committee needed City sponsorship of this event and
expressed appreciation for the extension of the insurance coverage.
0705
ADJOURNMENT.
The special meeting adjourned at 6:58 p.m..
APPROVED
LEN KELLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 2 - Special Council Meeting Minutes, February 1, 1994
COUNCIL WORKSHOP MEETING MINUTES
February 2, 1994
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0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY
OF MARION, STATE OF OREGON, FEBRUARY 2, 1994.
0OO3
~)J~LV_rrd~]~ The Council met in a workshop session at 7:00 p.m. with Mayor
Kelley presiding. The workshop was convened for the purpose of reviewing
the proposed ORS 190 intergovernmental agreement.
ROLL CALL.
Mayor Kelley Present
Councilor Figley Present
Councilor Galvin Present
Councilor Hagenauer Absent
Councilor Jennings Present
Councilor Mitchell Present
Councilor Sifuentez Present
Staff Present:
City Administrator Childs, City Attorney Shields, 9-1-1 Director Wolf, Police
Chief Wright, Police Lt. Null, City Recorder Tennant
9-1-1 User Board Chairman: Bob Benck
0031
Chief Wright stated that dispatch service for City Police began in 1967 which
continued until 1981 at which time Woodburn Police and Fire dispatch was
consolidated. A few years later, state legislative action mandated the
formation of 9-1-1 emergency centers. The City dispatch center then became
a Public Safety Answering Point (PSAP) and multiple police and fire agencies,
along with the Ambulance service, became members of center which is now
known as NORCOM. During the early years of the NORCOM center, the daily
operations were administered by the Police Department. There was some
general dissatisfaction amongst the users during this period due to conflicts of
interest. Eventually, management of the center was transferred to the City
Administrator and a Director was hired to oversee the operations and work
with the user agencies. Agencies were billed for services, however, there
never was a consistent method of payment formulated. The establishment of
the ORS 190 agency will provide for a separate agency to serve the needs of
North Marion County residents.
Director Wolf stated that telecommunication standards for dispatchers will be
in place by July 1, 1994. Dispatchers are required to have training in the areas
of Police, Fire, and Emergency Medical Services (EMS). Other agencies that
have moved to a 190 agency have found the change to be positive and it
Page I - Council Workshop Meeting Minutes, February 4, 1994
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COUNCIL WORKSHOP MEETING MINUTES
February 2, 1994
benefits both citizens and employees. The negative aspect is the fiscal support
which has been addressed in the draft agreement.
The Council began its review of City Attorney Shields' memo which
commented on proposed revisions to the agreement. Areas of discussion
included 1) Organizational unit, 2) Budget, 3) Equipment & Assets, 4) Shared
Liability and 5) Integration.
Organizational Unit -- NORCOM would be comprised of a policy board
(representatives from each agency), an executive board (for day to day
operations), the Director, and Dispatchers.
Budget Funding -- A User Board sub-committee is working on a new fee
schedule that would be more equitable to user agencies. Additionally, there
would be a phase-in process that would eventually produce a 60/40 split with
60% paid by police agencies and 40% paid by fire/EMS agencies.
Equipment and Fixed Assets -- Most of the equipment and fixed assets
currently used by the Center were purchased by 9-1-1 dollars.
Shared Liability -- The language accepted by the User Board provided for user
agencies to share a proportional share of any liability. A lengthy discussion
was held regarding each agency having an equal share versus a proportional
share of the liability. The Center would carry liability insurance, however, the
190 Agency is not a district and, if sued, all parties involved may be named in
the lawsuit. In addition to 190 agency liability insurance, each participating
jurisdiction would also be required to carry liability insurance. It was noted that
there is a maximum liability amount under Oregon State Tort Claims Act,
however, there is no maximum amount if a Federal lawsuit was filed. It was
the consensus of the Council to send this issue back to the User Board for
further review.
Integration -- This lanoua0e provides that this a0reement would supersede any
prior written or oral discussions or agreements or portions thereof.
Mayor Kelley questioned if new agencies would pay an initiation fee or only be
obligated to pay a formula amount. Bob Benck stated that if increased costs
are incurred with a new agency, then those costs will be factored into their
initial fee. If no additional costs are incurred, then they will only be charged a
proportional cost of total operations.
Further discussion was held regarding the composition of the Policy Board,
terms of appointment, and decision of the User Board to change the proposed
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COUNCIL WORKSHOP MEETING MINUTES
February 2, 1994
language to allow the Director the ability to hire and fire personnel without the
Board's consent.
Chief Wright stated that the 9-1-1 program has provided a closer bond
between Police, Fire, and Ambulance agencies over the last few years.
Bob Benck also stated that the citizens will continue to receive necessary
emergency assistance when necessary.
ADJOURNMENT,
The meeting adjourned at 8:03 p.m..
APPROVED
LEN KELLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 3 - Council Workshop Meeting Minutes, February 4, 1994
MINUTES
WOODBURN PLANNING COMMISSION
JANUARY 27, 1994
1)
ROLL:
Chairperson Mrs. Warzynski Present
Vice Chairperson Mr. Bauer Present
Commissioner Mrs. Bjelland Present
Commissioner Mrs. Henkes Present
Commissioner Mr. Pugh Present
Staff Present:
Steve Goeckritz, Community Development Director
Teresa Engeldinger, City Planner
2)
3)
4)
5)
MINUTES:
The Planning Commission minutes of December 9, 1993 were accepted as
written.
BUSINESS FROM THE AUDIENCE:
None
COMMUNICATIONS:
Staff stated that they had sent a-letter to Howard Wineberg, PHD,
Population/Census, Portland State University, requesting a re-evaluation of the
city's population total.
PUBLIC HEARINGS:
A. Variance 93-05 and SPR 93-21 - Oregon Golf Association
Staff read the statement necessary to begin the hearing. Staff stated that the
applicant, Oregon Golf Association, was requesting Site Plan approval of a
temporary club house and a variance to the parking standards for the temporary
club house. Staff read the criteria relevant to this hearing. Staff stated that
the applicant wished to build a temporary 1,400 sq. ft. club house. The club
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house would be a temporary for 5 to 7 years. For this reason the applicant
was requesting a variance to the parking.
Staff supports the applicants request, due to the temporary club house, but
feels a portion of the parking should be paved at this time including the
Disabled parking spaces. Staff recommended approval with the conditions
listed in the staff report.
The applicant, Stan Borenus representing the OGA, Nimbus Ave. Portland,
stated that in regard to the temporary club house they are raising funds to build
a permanent club house in two years, 5 to 7 years in long term thinking.
Staff stated that maybe the Committee shouldreview the Variance if approved,
in 2 years, so if there is a problem with the parking theyc ould require additonal
parking if they wished to approve.
Commissioner Pugh stated he agreed with staff on a date certain for reveiw.
Commissioner Bauer moved to approved 93-05 with a 2 year review and
conditions listed in the staff report.
Commissioner Pugh seconded the motion.
A vote was taken. Motion passed unanimously.
B. Variance 93-07 - Burger King
Staff read the statement necessary to begin the hearing. Staff read the criteria
relevant to this proposal. Staff stated that the applicant wishes a variance to
the current sign standard. The applicant request a variance for a 144 sq. ft.
double sided sign, located at Stacy Allison and Lawson Ave. Staff read the
findings of staff. Staff stated the applicant already has approval for a 45' high
sign. Staff recommended 75 sq. ft. sign 45' in height due to this sign could
be seen over Wal-Mart roof.
The applicant, Robert Bass, 3935 Hazel Green Rd., Salem, stated that they felt
that at this location it would be critical to be recognized by the I-5 area due to
this investment being nearly 1 million dollars. He felt the customers on I-5
needed time from seeing the sign to the exit to make a decision to exit or not.
He stated property was located 1200 ft. from I-5.
Jeff Trass, Land Use Consultant, 1720 Liberty Street NE, Salem, stated that
they didn't base their variance request on the fact that existing signs were non
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conforming signs. He stated that 50% of their customers were from I-5. They
based their request on 1) distance from I-5 - the' business needs to be highly
visible - 75 sq. ft sign is too small. 2)12 x 12 is smaller than existing sign sin
the area and they felt that it would not be detrimental.
Chairperson Warzynski asked if there was anyone else who wished to speak for
this project. There were none. She then asked if there was any one who
wished to speak against this proposal.
Mindy Smith, 305 McLaughlin, Woodburn, owner of McDonald's, stated that
the Burger King sign at 144 sq. ft. would block her business. She was
opposed to a sign of this size.
Bob Boss stated that their intent was to have the sign on the fartherest point
north on the property so not to block other signs in the area.
Commissioner Pugh asked Mr. Boss if he had any proof that a 75 sq. ft. sign
could not be seen.
Commissioner Warzynski asked if there was not already a variance that the
height could be 45 ft. instead of 35' standard.
Commissioner Pugh made the comment that the Commission had worked hard
on the sign code and he felt it should be up held.
Robert Bass Sr. asked if any of the Commissioners were to invest a million
dollars how they would feel if for a 45 ft pole with a postage stamp at the top.
His investors may not stay if the sign is not the proper size.
Commissioner Bjelland stated she agreed that the Commission should stick with
the sign standard.
Chairperson Warzynski closed the public hearing.
Commission Bauer mad the motion to allow 75 sq. ft sign, 45' in height in
compliance with the sign ordinance.
Commissioner Pugh seconded the motion.
A vote was taken and the motion passed unanimously.
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C. Variance 93-06 - Pfeiffer Construction - Plaza Motel
Commissioner Henkes stated that she would be abstaining from comments or
voting due to she may or may not have a conflict of interest.
Staff read the statement necessary to open the public hearing. Staff read the
criteria relevant to this proposal. Staff stated the applicant, Pfeiffer
Construction for Ashish & Rita Mistry, owners of the Plaza Motel, were seeking
a variance for buffering standards for SPR #93-20 for a 12 unit addition. The
existing units will be remodeled. Staff read their findings and recommended
approval with the conditions listed in the staff report.
Commissioner Bjelland asked about the existing parking lot being improved.
Staff answered it would be repaved and striped.
Ken Cobb, Engineer, Pfeiffer Construction, 622 N. Water St. Silverton, stated
that the parking spaces in the existing area are 8~ ft. wide by 15 ft. deep. He
stated that the parking met standards for 1 per unit and I for the manager. He
stated that in regards to the fence on the north property line would be put in.
He also stated that he felt that the § ft. by 79 ft. area would not be detrimental
to the surrounding properties.
Gene Pfeiffer, 622 N. Water, Silverton, stated that on the Comprehensive Plan
the property to the north will be zoned Commercial General in the future. If the
5 ft. variance is denied one unit of the motel will be lost which would be
detrimental to the owners intent.
Chairperson Warzynski asked if there was anyone else who wished to speak for
this project. There were none. She then asked if there was anyone who
wished to speak against this project.
Linda Panogahof- 1028 Williams had concerns regarding drug dealers,
prostitutes and large trucks (refrigerator type) parking along Williams Street
during the summer.
Vera Bacon - 1031 Williams, had concerns regarding the traffic, parking and
she wished the applicant would put in a chain link fence and use frosted glass
in the windows on the side of the new units that would face her property.
Chairperson Warzynski asked if there was anyone else who wished to speak
against this proposal. There were none. She then asked the applicant if he had
any rebuttal.
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3B
Mr. Mistry, 14025 N. Pacific Hwy. stated that he and his wife had bought the
motel as an investment with hopes of improving it. With only eight units they
could not have the type of clientele that they wished. He wants to improve the
existing units. He feels that this project would upgrade the whole business
area. As for the large trucks, he has only had 5 or 6 customers a year who had
them. His intent is to upgrade the motel and the surrounding area. He stated
that the business across Williams Street from the motel does not have adequate
parking and their customers park in the street. (5% of the traffic was
generated by the business across the street.
Gene Pfeiffer stated that maybe a NO RIGHT TURN sign so traffic would be
directed back into Hwy 99E and not into the surrounding neighborhood might
help.
Chairperson Warzynski closed the public hearing.
Commissioner Bjelland asked if NO RIGHT TURN signs would be posted and she
was concerned about trucks parking on residential streets.
Staff stated that no trucks were allowed on residential streets.
Commissioner Bauer made the motion to approve Variance 93-20 with the
conditions listed in the staff report.
Commissioner Pugh seconded the motion.
A vote was taken. Passed unanimously.
D. SPR #93-04 - Wes Toran- Continuation
Staff stated that Mr. Toran was in the process of getting easements to Gatch
for his water line. Staff stated that he had met the criteria for five units.
Chairperson Warzynski asked if there was anyone who wished to speak for or
against this proposal. There were none.
Commissioner Pugh moved to adopt SPR #93-04.
Commissioner Bauer seconded the motion.
Vote was taken. Passed.
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o
DISCUSSION:
A. Fleetwood Enterprises
Staff stated he will send confirmation to Mr. Forrest that this was an allowable
project in a light industrial zone.
Commissioner Bauer made the motion to acknowledge staff sending the letter.
Commissioner Pugh seconded the motion.
Motion passed.
B. Miller Farm Lot #29 - Rear Yard Setback - 1187 Goose Creek Rd.
Mr. Campbell stated that they were two feet short of the required ten foot
setback due to an error in the footings placement. He stated that the owner
did not want to shorten his house by two feet. The property backs up to an
open space area like a park. He felt that since it is not another home that it
backs up to, they are asking for a variance to the 10 ft. setback.
Commissioner Pugh was concerned about a fence along the property line.
Mr. Campbell stated that he had just gotten approval and a fence would be
going up.
Commissioner Bjelland made the motion to approve the setback.
Commissioner Pugh seconded the motion.
Vote was taken. Passed.
REPORTS:
A. SPR 93-14 Oregon Golf Association
Staff stated that administrative approval was given for a 3500 sq. ft.
maintenance facility.
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3B
B. SPR 93-17 Parks & Recreation
Staff stated that administrative approval was given for a utility building and
office complex.
C. MP#93-08 Dave Trap & Associates for Patrick Industries
Staff stated that he modified some conditions that had been listed in the staff
report.
GENERAL CONDITIONS REVISION:
1. A private driveway point can be allowed on Highway 99E.
2. A review will be a condition at the time of the SPR.
3. No need for relocation of drainage-way.
4. Have the partition recorded.
BUSINESS FROM THE COMMISSION:
None
ADJOURNMENT:
There being no further business the Planning Commission meeting adjourned.
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7
MINUTES
RECREATION AND PARKS BOARD
REGULAR MEETING
JANUARY 31, 1994
WOODBURN COMMUNITY CENTER
5:15PM
CALL TO ORDER:
The meeting was called to order at 5:17pm in the upstairs Conference Room of
the Community Center by Vice Chairwoman Sue FoFana-Dura.
w
ROLL CALL:
Members Present: Sue-FoFana-Dura, Barbara Rappleyea, Lee Ehrens, Frank
Anderson and Lazaro Ybarra.
Members Absent: Dave Ott and Jack Mitchoff
Staff Present: Nevin Holly, Director; Shirley Pitt, Secretary and John Pitt Parks
Maintenance Superintendent. ~...
ADOPTION OF AGENDA
The Agenda for the January 31, 1994 Meeting was adopted as presented.
ELECTION OF OFFICERS:
Sue FoFana-Dura opened the floor for nominations for Chairperson of the
Board for 1994.
MOTION:
S. FoFana-Dura
Nominated Frank Anderson for the
position of Chairman of the
Recreation and Parks Board for
1994.
B. Rappleyea:
Motion passed unanimously.
Seconded the Motion
The floor was then opened for nominations for Vice-Chairman of the Board for
1994.
MOTION: L. Ehrens
Nominated Sue FoFana-Dura as Vice-
Chairwoman of the Recreation and
Parks Board for 1994.
F. Anderson
Seconded the Motion
Motion passed unanimously.
No other nominations were submitted.
3C
3C
Page 2
Woodburn Recreation and Parks Board Meeting
January 31, 1994
DIRECTOR'S REPORT
Woodburn Aquatic Project
The Pool Committee has been working diligently at making this dream a reality.
At the last community meeting held on January 26th there were over 60 people
frem the community. The original pool construction is consistently being narrowed
down. The cost of construction is estimated at 1.96 million. That total has been
offset by the $250,000 in FEMA monies. We have received an additional donation
of $80,000 from an anonymous donor. This brings the balance to $1,630,000.
The Pool Committee is also involved in several other fund raising programs. The
Brick and Tile sales campaign has been kicked off and promises to be a very
effective fund raiser. Additionally, we are in the process of applying for several
corporate grants. Park Board Member Frank Anderson is heading up the. Political
Action Committee. The Bond which is being placed on the March 22nd ballot is
for 1.75 Million. At the current City assessment this would equate to a cost of
$28.00 per year (on a 100,000 home) for the average cost over a 15 year bond.
This equates to $2.33 per month or 7.7 cents a day. The pool design has
remained constant since we last visited except for some minor changes. We have
included a small bulkhead in the training pool, made the training pool .zere depth
at entrance. Additionally, the Spa has been moved to the comer wall creating
more deck space. The Pool Committee is now meeting every other Wednesday
evening at 7:30pm. The next meeting isscheduled for February 2nd at 7:30pm,
upstairs at the Community Center. Nevin urged any Board Member who would like
to attend to please do so.
Chairman Frank Anderson who is chairperson of the Political Action Committee for
the aquatic center informed the Board that Aquatic Center Chairman Flurry Stone
has asked for a streng commitment from the Park Board and is urging them to
help promote the upcoming Bond Measure.
MOTION: S. FOFANA-DURA
Moved to have Barbara Rappleyea
write a letter to the Woodburn
Independent showing unanimous Park
Board Support for the Aquatic Center.
L. EHRENS
Seconded the Motion
Motion passed unanimously.
Director Nevin Holly told the Board that about 40 bricks had been sold. Chris
Breshears, Brick Sales Coordinator has been doing an excellent job in promoting
the brick sales and he is very impressed with her dedication.
3C
Page 3
Woodburn Recreation and Park Board Meeting
January 31, 1994
MOTION:
S. FOFANA-DURA
Moved to have the Park Board
purchase a wall brick. Each Board
Member would contribute $7.50
toward the purchase. Director will
check into the possibility of having
the names of the 1994 Park Board put
on the brick.
L;EHRENS
Seconded the Motion.
Motion passed unanimously.
Director Holly will talk with Don Carey about having the names of the Park Board
put on the wall brick.
Lee Ehrens who is an electrician, expressed concern over the placing of the
electrical service panels in the new facility. He would like to have the placement
of these panels researched as he is concerned that it would cost quite a bit more
to have them placed where they are. Nevin will bring this to the attention of Don
Carey and relay these concerns. It is in everyone's best interest for this facility to
be as cost effective as possible.
Centennial Park
The Woodbum Rotary Club recently received a grant for $20,000. This brings their
project money, which will be applied to Centennial, to over $50,000. This is more
than enough to pay for one complete ball field and depending on how much in-kind
help we receive, may be enough to pay for 2 ballfields. The Marines are set to
begin construction work on our road and parking lot portion in late Spring. A
volunteer, Mr. Bill Pyle is in the process of procuring rock to be used in road and
parking lot construction. If he is unable to secure donations for this we will have
to purchase rock. Nevin said he Ilas been in contact with a local contractor who
could possibly give and/or sell rock for a very reasonable price. Lee Ehrens asked
that all the underground electrical/sewer/water/gas lines be marked prior to
graveling stating it would be difficult to do this after the work was done. Nevin
asked Lee to meet with him and work on plans to do this. The Rotary Club, in
combination with the City, has agreed on a purchase price for water dghts to the
well on Mr. Wes Toran's property. Mr. Toran uses the well for his home use and
does not wish to sell the land as well. We are waiting for a well report form Mr.
Toran which will allow us to complete the transaction. With the assistance of the
Rotary Club, the Marines and other volunteers, Centennial will commence with its
first phase this Spdng. It is Nevin's hope that the successful developing of Phase
I will stimulate the community interest to complete Centennial Park.
3C
Page 4
Woodburn Recreation and Parks Board Meeting
January 31, 1994
Woodburn Recreation and Parks Budclet
The Woodbum Recreation and Parks Budget, as presented, provides for several
much needed provisions. The highlights of our proposed 1994/1995 budget, as
presented by the City Administrator to the Budget Committee are:
Administrative:
>A new workstation for the front office.
>$800 in part-time help for the front office.
Parks Maintenance
>A $37,000 mower
>A $14,000 pick-up truck
>10 new picnic tables
>The addition of one 6 month employee and one 3 month employee.
Leisure Services
>A computerized program registration sYstem.
Aquatics
>$81,000 is budgeted which would allow for the first 3 months of operation in our
new aquatic facility.
Other Department Concerns
The Picnic Shelter at Legion Park was damaged in December by a windstorm. A
large tree fell, totally destroying the storage area of the shelter and much of the
cOntents. We were able to sell the logs for $1,000. This equates to the deductible
from insurance. We will be going to bid on this project in the next Couple of
months.
Department received a $3,650 grant from an anonymous donor for the purchase
of new games for Department uses, primarily for the Youth Drop-In Center.
MAINTENANCE REPORT- John Pitt, Parks Maintenance Superintendent
Community Center Fireplace
John told the Board they are in the process of having our fireplace repaired. We
have contracted with Woodburn Masonry to complete the project. The project is
being funded from FEMA funds as a result of the March 1993 Earthquake.
3C
Page 5
Woodburn Recreation and Parks Board Meeting
January 31, 1994
g
Park Utility Buildinq
After months of negotiating with FEMA and then the construction firm, we have
agreed to terms on the construction of the Maintenance Divisions Utility Building.
We officially broke ground on the project on Friday, January 18th. The facility has
been needed for many years. Prior to the earthquake, the Park Maintenance
Office was in very poor condition. The Earthquake made the facility unusable.
The main building is 1460 sq.ft., including the overhead storage. Our old facility
was 960 sq.ft. The project has a 120 day construction period.
Le~ion Park Recreation/Meetin!:i Building
John told the Board that his crew had completed the renovation of the large room
located in the Legion Park Recreation Building. He stated he was very proud of
the professional work his 2 man crew had done. It is now ready for meetir~gs and
to house the Youth Drop-In Center Program. Nevin said he would like to have the
next Park Board Meeting there.
Vandalism
Much to his surprise, John told the Board, vandalism is down for the first month
of 1994. He said he was unsure as to why but was very pleased about it.
Repairing work done by vandals is very time consuming and takes the crew away
from their regulariy scheduled routine. John said he hoped this would continue
throughout the year.
LEISURE REPORT- Nevin Holly
Nevin told the Board that the recreation programs were going well keeping both
Recreation Coordinators busy. Brian is working on youth basketball and upcoming
AAU-11 and Under Tournament. Terry is working on Adult Basketball, and open
gym. Both Brian and Terry are in the process of working on the Spring and
Summer Brochure which will be out in April.
Lee Ehrens asked about the possibility of coming up with a building for Indoor
Soccer. The population explosion in Woodburn is causing a great demand for
more and more recreation programs, among the most popular being indoor soccer.
Lee asked that after the Bond Measure passes he would like to see work begin
on finding a building to house indoor recreation such as soccer, baseball, tennis
and other on-going needed programs. Frank Anderson asked that this item be
placed on an April Recreation and Parks Board Meeting Agenda.
3C
Page 6
Woodburn Recreation and Parks Board Meeting
January 31, 1994
Sa
m
BUSINESS FROM THE BOARD
Frank Anderson suggested the Board meet on Thursdays instead of Monday's
as there are several Board Members who are unable to attend on Mondays. He
would like to see meetings on the first and third Thursday of every month.
Lazaro Ybarra asked about doing a sculpture at the new Centennial Park. Sue
then suggested that he also consider doing something at the new Legion
Recreation facility. Frank Anderson asked that this great idea be placed on the
next Agenda for discussion.
ADJOURNMENT
Meeting adjourned at 7:00pm
NEXT MEETING DATE: Thursday, February 17th - 5:15PM Upstairs in the
Community Center
3D
MINUTES
MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD
DATE:
ROLL CALL:
January 26, 1994
Willy Baldwin - Present Gloria Predeek - Present
Nancy Bowman - Present Jean Weatherill- Present
Dorothy Jaeger - Present
STAFF PRESENT: Linda Sprauer, Director
Judy Coreson, Recording Secretary
GUESTS: None
CALL TO ORDER: Vice-President Gloria Predeek called the meeting to
order at 12:05 PM. Gloria introduced and welcomed
new board member Willy Baldwin, whom the Mayor
appointed in Phyllis Bauer's position. Gloria
presented Phyllis Bauer, previous President of the
Board, a plaque for her service of a four-year
term.
SECRETARY'S
REPORT:
The monthly Board minutes of November 17, 1993 and
budget meeting minutes of November 22, 1993 were
approved as submitted.
DIRECTOR'S
'RgPORT :'
Monthly Statistics: The monthly statistics were
self-explanatory. The library has begun open hours
on Sunday from January 9 through March 27, 1994.
Circulation for January 9 was: 114 with 37
checkout sessions; January 16: 108 with 34
checkout sessions; and January 23: 244 with 65
checkout sessions. However, this does not count
anyone in the library who does not check out
material.
Activities: A list of activities was distributed to
the Board. Judy Brunkal reported on "Let's Talk
About It", a book discussion group sponsored by the
Oregon Council for the Humanities and the Friends
of the Public Library. The topic for discussion is
"Living In The Environment - Humans In The
Natural World". The books discussed will be: A
SAND COUNTY ALMANAC by Aldo Leopold with Michael
3D
Strewlow from Willamette University as the speaker
February 9; and MY FIRST SUMMER IN THE SIERRA by
Jon Muir with speakers Ray Broderson and Lewis
Pennock of WOSC March 2. Currently another book
discussion group meets once a month on the third
Monday at 9 AM. The Chess Club continues to meet
Thursdays from 4 to 5 PM. An OMSI exhibit,
"Animals As Architects", will be at the library
through April which is funded by the State
Children's Services Improvement Grant. Maureen
Smith, Youth Services Librarian, will visit the
schools concerning this exhibit. Preschool
Storytime begins again February 23 and continues
each Wednesday at 11:15 AM.
OLD BUSINESS:
Building Repair: Because of the high bids received
for the building repairs, Chris Childs, City
Administrator, has requested re-evaluation by FEMA
for increased funding. He is waiting for their
response. The repairs will be broken into several
projects. Volunteers may be asked to help move the
collection before repairs are done. There are
water damages as well as the earthquake damages to
be repaired. Linda is anticipating to have the
repairs completed by the end of the fiscal year,
June 30, 1994.
NEW BUSINESS:
Budget Hearings Update: Copies of an overview and
budget documents were given to the Board. The
proposal for the library did not vary much from
Linda's proposal which included: hours changed
from 37 to 44 hours - Tuesday and Wednesday open
until 9 PM and Tuesday through Saturday open at 10
AM; add part-time library assistant and page
positions; and open Sunday hours for 6 months
instead of 3 months. Capital outlay items include:
two computer terminals - Circ Office and PAC
terminal; lazer barcode reader; audio cassette
copier; dividers - workroom and lounge; and steno
chairs.
Parking Lot: An informal petition for the
construction of a parking lot for the library has
been signed by 150 patrons since December 7th.
Willy Baldwin moved to submit this petition to the
Budget Committee. The motion was seconded and
carried. The Board felt the Budget Committee
should be aware of this request, so that when funds
are available the parking lot could be considered.
Continuing Offices: Since the Board President was
not re-appointed to serve another term, Jean
Library Board Minutes - 1/26/94
3D
Weatherill made the motion for the Vice-President
to chair the Library Board monthly meetings until
the elections in July. The motion was seconded and
carried.
'BUSINESS TO/FROM
THE CITY COUNCIL
AND/ORMAYOR: None
ADJOURNMENT: The meeting was adjourned at 1:20 PM.
Respectfully Submitted,
Judy Coreson
Recording Secretary
Library Board Minutes - 1/26/94
3
8A
MEMO
TO:
FROM:
SUBJ.:
DATE:
Mayor and City Council
Chris Childs, City Administrator ~
Staff Re_oort - Public Hearinq on Tax Coordination
February 10, 1994
This public hearing is required by ORS 310.186 because the city intends to
seek voter approval of a $1,577,413 one-year operating levy on May 17, 1994. The
purpose of the hearing is to afford the opportunity for other 'potentially affected
governmental entities to comment on the city's Total Levy Authority. In this instance,
the other potentially affected entities are Marion County and the Woodburn Fire
District who, along with the City of Woodburn, comprise the "General Government"
category under the limitations imposed by Ballot Measure 5.
The city's approved Total Levy Authority for F.Y. 1994-95 is $2,886,931,
although a higher figure was previously certified to a mandatory countywide Tax
Coordination meeting. Some confusion was apparent at the counWwide meeting as
to legislative intent, but staff has since determined, with concurrence from legal
counsel, that additional tax revenues which may result from approval of a General
Obligation bond measure at a March 22, 1994 election are not subject to the
limitations of Measure 5, and therefore are not appropriately included in this process.
The Total Levy Authority subject to Measure 5 limitations, which is exactly 6%
more than the similar levy authority for the preceding (1993-94) fiscal year, consists
of the following levy components as approved by the city budget committee:
Existing Tax Base w/Statutory Additions:
One-year Operating Levy:
Library Continuing Levy:
Recreation & Parks Continuing Levy:
Total Levy Authority:
$209,060
$1,577,413
$444,643
$655,815
$2,886,931
The 6% increase in the overall Tax Levy Authority should maintain parity with
the other affected entities and not decrease the proportionate share of tax dollars
available to them or to the city. This is because both entities, Marion County and the
Woodburn Fire District operate entirely within their tax bases, which allow a 6%
increase in levy amount without requiring voter approval. Presumably, both will
exercise this increase. With the General Government limitation of Ballot Measure 5
Page 2 - Staff Report/Tax Coordination Hearing (2/10/94)
in place, tax dollars actually ~ by any of the three entities would remain the
same as the previous year, increasing only to the extent that the assessed value of
the city may increase. Any such increased tax dollars would derive from the
increased value and not existing value. The bottom line, based on the city's Total
Levy Authority and the anticipated actions by the other entities, is that Woodburn
taxpayers will continue to pay only $10 per $1,000 of assessed value for all General
Government purposes.
9A
COUNCIL BILL NO. ,/~--~/~
RESOLUTION NO.
A RESOLUTION FINDING THAT THE BUILDING LOCATED AT 347 N. FRONT STREET
IS A DANGEROUS BUILDING, DECLARING IT TO BE A PUBLIC NUISANCE, AND
ORDERING ITS OWNER TO MAKE IT SAFE.
WHEREAS, the Woodburn City Council passed Ordinance No. 1999 which
provides a process for the abatement of building nuisances, and
WHEREAS, pursuant to Resolution 1173, a public hearing was set for May 10,
1993 at 7:00 p.m. in the Woodburn City Council Chambers, 270 Montgomery Street,
Woodburn, Oregon, on the question of whether the building located at 347 N. Front
Street, Woodburn, Oregon, constitutes a dangerous building as defined by Ordinance
1999, and
WHEREAS, the City Recorder provided notice of said hearing as prescribed by
Ordinance 1999, and
WHEREAS, said hearing occurred and substantial evidence was presented
indicating that the building located at 347 N. Front Street, Woodburn, Oregon,
constitutes a dangerous building and is a public nuisance, and
WHEREAS, said hearing was continued by the Council on several occasions in
order to afford the owner of the building due process and an adequate opportunity to
repair or abate said structure, NOW, THEREFORE
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the subject real property is described as follows:
All of Lot 3, Block 2 and 2.5 feet off of Lot 4, Block 2, to the center of
the party wall between the building known as the Association Building
and the L.W. Guiss Building, in the original town of Woodburn, Marion
county, Oregon, als0 known as 347 North Front Street, Woodburn,
Oregon.
Section 2. That the subject real property is owned by Salud De La Familia, Inc.,
an Oregon non-profit corporation.
Section 3. That pursuant to Ordinance 1999 and Resolution 1173, a public
hearing was held on May 10, 1993 at 7:00 p.m. in the Woodburn City Council
Page I
COUNCIL BILL NO. /:~/L~
RESOLUTION NO.
9A
Chambers, 270 Montgomery Street, Woodburn, Oregon, on the. question of whether
the building located at 347 N. Front Street, Woodburn, Oregon, constitutes a
dangerous building as defined by Ordinance 1999.
Section 4. That the public hearing was continued several times and adequate
opportunity and notice was provided to all persons with ownership interests in the
building to testify.
Section 5. That, based upon the evidence presented at the public hearing, the
Woodburn City Council finds that the building located at 347 N. Front Street,
Woodburn, Oregon, is a dangerous building and declares said building to be a public
nuisance.
Section 6.That the owner of the property located at 347 N. Front Street, Salud
De La Familia, Inc. is hereby ordered to repair or abate the building located on the
property by ·
Section 7. That if said owner does not repair or abate the building during the
prescribed time, the city will proceed to abate the building according to law.
Section 8. That pursuant to Ordinance 1999 the City Recorder is hereby
directed to provide a copy of this resolution to the owners of the property at 347 N.
Front Street, Woodburn, Oregon. D/al /
Approved as to form..~ ~~ 6
City Attorney
APPROVED:
Len Kelley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, City Recorder
City of Woodburn, Oregon
Page 2
COUNCIL BILL NO. / ~'-/O
RESOLUTION NO.
10A
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Council through City Administrator
Community Development Director/Public Works Departments
Transportation Planning Rule Grants
February 9, 1994
RECOMMENDATION:
Approve the attached resolution indicating support for completion of a Transportation
System Plan for the City.
BACKGROUND:
The 1993 legislature approved funding for a joint ODOT/DLCD Transportation and
Growth Management (TGM) grant program. The guidelines for these grants were
recently released and the completed grant packages are to be completed by February
18, 1994.
The city will be applying for a Transportation Planning Rule (TPR) implementation
grant to assist the city in completing the Transportation System Plan (TSP) required
by the rule. The city, through its transportation task force, has already started on the
preparation of a TSP for the city. The grant would assist in completion of the project.
The city will be requesting $50,000 which is the maximum allowed. There is
approximately $460,000 available in highway department region 2 for this type of
grant. There is expected to be significantly more grant requests than funding available
so competition is expected to be very tight.
The grant funding will be utilized for consulting support in completing a plan that
addresses completion of the following elements:
· Public Involvement Program
· Plan Review
· Data Development Update
· Travel Demand Model Refinement
· Access Transportation Deficiencies
· Alternative Improvement Strategies
· Facility Management Strategies
· Develop Preferred Alternatives
· Model Ordinances
· Financial Implications
· Prioritize Improvements
· Final Transportation Study
Part of the award criteria is support from local entities. Resolutions of support from
councils are desirable to show this support. A resolution such as the one attached
will aid the city's position in this very competitive process.
IOA
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION OF SUPPORT FOR COMPLETION OF A TRANSPORTATION SYSTEM PLAN
FOR THE CITY OF WOODBURN.
WHEREAS, the City of Woodburn realizes the need to implement a comprehensive
Transportation System Plan that complies fully with the intent and direction provided in the
Transportation Planning Rule, and
WHEREAS, the city has appointed a representative, multi-jurisdictional task force
to direct formulation of a Transportation System Plan, and
WHEREAS, the city recognizes the need for local system planning, alternative
transportation mode planning, revision of the local plan to be consistent with state and
county plans, and revision of local ordinances to implement the plan, and
WHEREAS, the city will be applying for a Transportation and Growth Management
Program grant to assist in completion and implementation of the plan, NOW THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
SECTION 1. The City of Woodburn supports the completion and implementation,
in a timely manner, of a City Transportation System Plan and enabling ordinances that will
meet the transportation needs of the city and comply with the Transportation Planning Rule.
Ap p roved as to fo rm:~ '~'~/L~[7--~ ~'~ Da~te~ 0F /~ City Attorney
APPROVED:
Len Kelley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, City Recorder
City of Woodburn, Oregon
Page I -
COUNCIL BILL NO.
RESOLUTION NO.
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COUNCIL BILL NO. /..,~2.,2-.
RESOLUTION NO.
A RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE
STATE OF OREGON TO PROVIDE SAFETY BELT AND MOTORCYCLE HELMET LAW
ENFORCEMENT.
WHEREAS, the Woodburn Police Department was again awarded a grant for
1994 through the Oregon Traffic Safety Commission; and
WHEREAS, grant funding will provide extra enforcement of traffic laws, with
emphasis on safety belt and motorcycle enforcement; and
WHEREAS, it is necessary to enter into an intergovernmental agreement with
the State of Oregon, by and through the Oregon Department of Transportation, Traffic
Safety Section, to allow the use of the grant funds; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City enter into an intergovernmental agreement for 1994
with the State of Oregon, acting by and through the Oregon Department of
Transportation, Traffic Safety Section, the principal purpose of the agreement being
to supplement the enforcement of traffic laws, especially laws for safety belts and
motorcycle helmets, by providing extra overtime funds.
Section 2. That the Mayor be further authorized to execute, on behalf of the
City, said agreement, a copy of which is attached hereto and, by this reference,
incorporated herein~ ~//e
Approved as to form= ~ '~~ ~ ~//~ ~
City Attorney Da
APPROVED:
Len Kelley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, City Recorder
City of Woodburn, Oregon
Page I -
COUNCIL BILL NO.
RESOLUTION NO.
RECEIVED J~,~ t ': lOB
City of Woodburn
Police Department
MEMORANDUM
270 Montgom~reet
Ken Wrig~
Chief of
Woodburn, Oregon 97071
(503) 982-2345
Date:
January 13, 1994
To:
Mayor and Council
Thru:
Oregon Department of Transportation - Seat Belt Enforcement Grant
In 1992 and 1993 the police department was awarded traffic safety grants for the
enforcement of seatbelt and motorcycle helmet violations. Both grants provided
monies to pay police officers overtime for the enforcement efforts. The ODOT
reimburses the city for the officers overtime assignments for enforcement of safety
belt and motorcycle violations. Again this year we have been afforded the
opportunity to participate in the grant. This years grant will provide for
approximately 112 hours of additional traffic enforcement throughout the city and
area. There are two specific enforcement periods; Dec through Feb '94 and May
through September 1994. All Woodburn officers have received the required two
hours "TSD Safety Belt Enforcement" course. We will be providing for target areas
and enforcement times in conjunction with other agencies in the area.
RECOMMENDATION:
The City Council enter into agreement with the Oregon
Traffic Safety Commission for supplemental enforcement
funds for the enforcement of safety belt and motorcycle
violations.
B:ICOU N CiLrr RAFFIC.GNT
City of Woodburn
Police Department
lOB
MEMORANDUM
270 Montgomery Street
Woodburn~, Oregon 97071
(503) 982-2345
January 5, 1994
Allen DeVault
Patrol Sergeant
Date:
To: Ken Wright, Chief
Thru: ~Don
SIJBJECT:
Eubank, Lieutnant
SAFETY BELT MOTOR CYCLE HELMB~ OVERTIME GRANT
Goal:
To effectively utilize the Traffic Safety Seat belt,
Motorcycle Helmet Grant Funds.
OMective:
The controlled management of the use of funds
in a timely and effective manner.
II
1II
Determination of High crash locations will be concluded by
January 20,1994. These areas will dictate Pre and Post Enforcement survey locations
and main areas of Enforcement activities.
Pre-enforcement survey for February blitz will be completed
by February 8,1994. For July Blitz by June 28,1994. For September Blitz
by September 28,1994.
Post enforcement surveys will be completed as follows:
February 22,1994
July 12,1994
October 11,1994
Overtime will be used for these activities.
Sign up sheets will be placed in Squad room approximately
four (4) weeks prior to each blitz and other assigned times. Two (2) weeks prior to
scheduled work periods, those unfilled slots will be assigned.
IV
V
Billing will be completed as follows:
Dee-Feb by March 02,1994 (must be submitted by (Feb 02,1994)
May-June by July 3rd 1994 (submitted by July 10,1994)
July-Sept by Oct 15,1994 (submitted by Oct 10,1994)
October blitz by Oct 15,1994 (submitted by Nov 5,1994)
There will be five (5) pre surveys by May 5,1994, and five (5) post surveys by
Sept 28,1994. Plus three (3) pre and post surveys for the three blitz's. Surveys will
be conducted on overtime hours.
A tally will be completed of all Over time contacts and
straight time contacts for seat belt and helmet violations. Sgts will keep tally on a
form to be provided to them by Sgt De Vault. These forms will allow quicker
computation if statistics for billing periods.
The current Department Overtime average rate is $32.69. This rate will be used until
July 01,1994, when the rate will change.
Attachments: Schedule of overtime hours to be worked for seat belt enforcement.
lOB
December 13, 1993
DEPARTMENT OF
TRANSPORTATION
TRANSPORTATION
SAFETY
FILE CODE:
TO:
FROM:
Anne Holdel'r~rr-ansportation Safety Section
RE:
Intergovernmental Agreements
Enclosed please find odginal intergovernmental agreements for signature.
After these have been approved by your agency, please return all of them to me
for further processing. When they are approved by our office I will send your
office an odginal for your files. Please remember these agreements are not in
effect until they have been approved by our office.
If you have any questions please feel free to contact myself or Ged Parker at
(503) 378-3669. Thank you!
AH
400 State Library Building
Salem, Oregon 97310-1349
(503) 378-3669
1-800-922-2022
FAX (503) 378-8445
" -' lOB
INTERGOVERNMENTAL AGRI~.MENT
Department Contract # HB9485033366
ODOT Contract #12,315
This Agreement is made and entered into by and between the State of Oregon acting by and
through the Oregon Department of Transportation, Transportation Safety Section, hereafter
called Department, and Woodbum Police DeparUnent hereafter called Agency.
I. RECITALS
A. PURPOSE
The principal purpose of this agreement is to supplement the enforcement of
traffic laws throughout Oregon, e.~e~qally laws for safety belts and motorcycle
helmets, by providing extra overtime funds.
II.
B. AUTHORITY
By the authority granted in 802.300- 340, the Department may enter into
contraem and agreements for the performance of functions and activities to
promote highway safety.
By the anthodty granted in ORS 190, the Departn~nt can enter into
intergovernmental agreements.
Traffic officers will be trained in safety belt enforcement. Public attention about
traffic safety will be gained. Data about safety belt use will be gathered.
Hundreds of traffic enforcement hours will be added and, the expected result
will be incxeased belt use and decreased deaths and injuries from motor vehicle
crashes.
D. EPPECTIVE DATE AND DURATION
This Agreement shall become effective on December 1, 1993 (or on the date
when both parties have signed this Agreement, whichever date is later). This
Agreement shall expire, unless otherwise te~ninated or extended, on September
30, 1994.
PROJECT MANAGEMENT PLAN
A. DEPARTMENT OBLIGATIONS
Depaxtmcm agrees to pay Agency not to exceed thc sum of $6,000 upon
completion of work as described under ll.B. Agency Obligations.
Department shall pay quarterly billings received by Agency within 30 days if
received by Department on or before the 10th of the month following the billing
period.
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Intergovernmental Agreement # HB948503366
ODOT # 12,315
12/13/93
Page 2
B. AGENCY OBLIGATIONS
The following assignments will be pcrfca-aied during effective contract dates.
To provide overtime traffic enforcement, with an emphasis on safety belt
and motorcycle helmet violations for the periods of December 1993 through
February 1994; and May 1994 through September 1994.
e
AU officers receiving ovextime pay must have attended the two hour training
course "TSD Safety Belt Enforcement" or complete the c. ourse within 45
days of the beginning of the agreement. Thc course will bc presented in all
regions of the State. The Agency will be notified by the Deparunent of time
and place. Agency is responsible for training time of officers participating
in the overtime enforcement program.
Officers will bc pcrmiued and encouraged to issue multiple citations to
drivcrs who have commiued several violations. Example, "cxcceding
ma.xlm!!m speed" ILrld "failure to wear safety belL"
Agency will select target enforcement areas by conducting pre-enfant
safety belt user surveys in high crash locations. Post-enforcement safety
belt survcys will bc conducted quarterly or at the cnd of the enforcement
period in each selected location.
5. Agency will advise thc news media of safety belt compliance in all
investigated traffic crashes.
6. Agency will inform the news media of this special program and keep them
apprised of enforcement results.
e
Agency will ~ quarterly to thc I)epaxmaent listing tra~c enforcement
activity during the overtime patrols and listing traffic enforcement activity on
regular non-overtime patrol (See Attaclmaent A for information required.)
Agency agrees to document traffic enforcement, using straight-time hours
by non-federally funded officers, cq. ual to or greater than thc number of
hours submitted for overtime reimbursement under this Agreement.
9. Reimbursement Agreement
Agency shall submit billings to thc Department not latex than thc 10th of the
month following thc billing period. These billings must reflect actual costs
and work accomplished during thc billing period (Reporting/Billing periods:
December-February; May-June 30, July-September 30.) Thc billing shall
be submitted on thc appropriate Department xeporfing form (Attacluncnt B),
indicate agreement number, billing period, overtime hours/rate of pay and
be signed by contracting official.
Intergovernmental Agreement # HB948503366
ODOT # 12,315
12/13/93
Page 3
lOB
III.
The Department will not be able to honor Claimq for Reimbm'sement
received after November 5, 1994. This deadline is crucial as the National
Highway Traffic Safety Administration now requires aH paperwork for the
entire Department program be completed by December 31.
10. Allowable charges under this agreement to contract funds include:
Overtime pay for traffic paa'ol at agency average overtime rate including
beacfits. Any approved associated administrative costs will be
reimbursed at the straight time rate.
b. Overtime pay for conducting ine-enforcement and post-enforcement
safety belt user surveys.
c. Administrafiv¢ costs associated with thc projec~ .~.~O ~A~t:d.
The Department, thc Secretary of State's Office of thc State of Oregon, thc
to, ertl. Gov .e .rmncnt, and their duly authorized rep~tafives shall have access
c books, aocnments, papers, and records of thc Agency which are directly
pertinent to this specific agreement for thc purpose of making audit,
examination, excerpts, and transcripts for a l~iod of three (3) years aftcx final
payment. Copies of applicablc records shall be ma~de available upon request.
Payment for cost of copies is reimbursable by Department.
C. KEY OFFICIALS
Woodburn Police Department
Sgt. Allen DeVault
270 Montgomery Street
Woodburn,OR 97071
982-2345
2. TmnsIxalafion Safety Section
400 State Library Building
Salem, Oregon 97310
Telephone Number 378-3669 or 1-800-922-2022
CONTACT: Geri Parker
GENERAL PROVISIONS
A. TERMINATION
This agreemem can be mated at any time with two (2) weeks written notice
by either party in writing.
Intergovernmental Agreement # HB948503366
ODOT # 12,315
12/13/93
Page 4
lOB
B. STATE WORKERS' COMPENSATION ACT
Thc Agency, its subcontractors, if any, and all employers working under this
Agreement are subject employers under the Oregon Workers' Coition
Law and shall comply with ORS 656.017, which requires them to provide
workers' compensation coverage for all their subject workers.
Subject to the limitations of the Oregon Constitution and statutes, Agency and
Department each shall be solely responsible for any loss or injury caused to
third parties arising from Agency's or Deparmaent's own acts or omissions
under this agreement and Agency or Department shall defend, hold harmless
and indemnify the other party to this agreement with respect.to any ¢lslm.%
litigation or liability arising from Agency's or Department's own acts or
omissions under this agreement.
D. FEDERAL REGULATIONS
It is understood and agreed chat the activity covered in this Agreement is
under~sken under the authority of Section 402, Tide 23, United Smms Code,
and is subject to the administrative regulations established by Federal guidelines
including Circulars A-87 and A- 102, and are hereby incorporated by reference
with the same force and effect as if they were given in full text.
The Agency agrees not to use the funds received through this agreement for
activities previously carried out with its own resources.
IV. APPROVAL
oe Fiscal Year 1994 Highway Safety Plan was approved by the Oregon Transportation
mmi.~sion on July 21, 1993. At that time the Manager was authorized and directed to
sign all contracts included in this Plan for and on behaff of the Commi.~sion. Said authority
is set forth in thc records, Minute Book of thc Oregon Transportation Commission_
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as
of the day and year hereinafter written.
V. SIGNATURES
AGENCY
(agency
(Type or print name and title)
Date
STATE OF OREGON, by and
through its Department of
Transportation, Transportation
Safety Section
By
Ed Marges, Manager
Date
lOB
lOB
Woodburn Public Library
280 Garfield Street Woodburn, OR 97071-4730 Ph. 982-5252
MEMORANDUM
TO:
FROM:
DAT~
City of Woodburn Mayor and City Council. through
Chris Childs. City AdminisWator~f/~
/ J/ l/
iinda Sprauer. Library Director,~/~
~/IV
February 10, 1994 ~/'
Intergovernmental Agreement Contract Amendments
10C
BACKGROUND
Attached are copies of the Chemeketa Cooperative Regional Library Service
[CCRLS) intergovernmental agreement contract amendments for the 1993-94 fiscal
year. This annual renewal, dated effective July 1993. normally would take place then.
This year it is late because several changes and major funding decisions needed to be
made regarding services and payments the CC, J=ILS member cities. The librarians and
City Managers were involved in these decisions.
Imm 3. Section 4.O CONSIDERATION. paragraphs 2 and 3 are changed to
reflect only the different amount of dollars available for distribution during this fiscal
year. These figures are the basis for the amounts budgeted in the [current)1993-94
fiscal year Library Fund budgel;
Item 3. Section 7.0 CONRDENT1ALrFY OF DATA, paragraphs I and 2 are
deleted in their entirety. This reflects a commvarsy among the CCRLS member
libraries and similar ones with public libraries throughout the State of Oregon. A
committee made up of CCRLS librarians is woridng on new wording to address this
issue, but felt that the contracts should not be held up longer until that work is
accomplished. There is also hope that future legislative action at the State level will
help to clarify the issue.
RECOMMENDA'RON
I recommend that Mayor Kelly be authorized to sign the contract amendment
on behalf of the City of Woodburn.
Linda Sprauer, Director ............................................. 982-5259
Donna Melendez, Cataloging & Reference ................. 982-5257
Judy Brunkal, Reference & Intedibrary Loan ............... 982-5254
Nicolette Landeen, Circulation & Long Loans ............ 982-5262
Maureen Smith, Youth Services ................................ 982-5260
FAX (503) 982-5258
10C
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT
CONTRACT AMENDMENT WITH CHEMEKETA COMMUNITY COLLEGE RELATING TO
THE CHEMEKETA COOPERATIVE REGIONAL LIBRARY SERVICE, AND AUTHORIZING
THE MAYOR TO SIGN SAID AMENDMENT.
WHEREAS, the City executed, in 1987, an Integrated Automated Library
System Agreement with Chemeketa Community College to participate in the
Chemeketa Cooperative Regional Library Service (CCRLS), and
WHEREAS, said agreement has been modified several times by contract
amendments, and
WHEREAS, it is desirable to again modify said agreement by contract
amendment, NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City enter into a contract amendment to modify the
Integrated Automated Library System Agreement with Chemeketa Community College
executed on July 30, 1987.
Section 2. That the Mayor is authorized to execute, on behalf of the City, said
contract amendment, a copy of which is attached hereto and, by this reference,
incorporated herein.
Approved as to form:/~-~. '~ ./~/~.~
City Attorney Date
APPROVED:
Len Kelley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, City Recorder
City of Woodburn, Oregon
Page I -
COUNCIL BILL NO.
RESOLUTION NO.
10C
CHEMEKETA O DPE TIVE
REGIONAL LIBRARY
TO:
FR:
PYM Librarians and City Managers
Phil Frey, Chemeketa Community College Board Chair
Linda Cochrane, CCRLS Coordinator
DATE: December 1, 1993
RE: Intergovernmental Agreement Contract Amendments
Attached are copies of the Chemeketa Cooperative Regional Library Service
intergovernmental agreement contract amendments for the 1993-94 fiscal year.
Please have the contractor for your.city sign both copies and return one original to
Chemeketa Community College and keep the other copy for your records.
As you know, the contracts are coming as of this date because certain
decisions needed to be made regarding services and payments to CCRLS member
cities. Thanks in part to the good efforts of the CCRLS library directors, as well as the
careful consideration of city administrators, those matters are now resolved.
Despite the voters' rejection of the CCRLS bond measure in June, the CCRLS
computer will soon be replaced. Upgrade of the computer to a larger, faster, more
reliable model will be taking place in December of this year. Funding for the computer
replacement will be at a level far reduced from the bond measure request because
only the computer "box" will be purchased. There will be no CCRLS funds in the
foreseeable future for terminals, printers, and added memory for online magazine
indexes. However, the new computer will have double the terminal capacity of the old
system. In order to assure outstanding service, this new, more complex computer will
be moved to the staffed computer facility at Chemeketa Community College.
Chemeketa is lending CCRLS the money necessary for the replacement
computer. Funding for the computer upgrade is being obtained partially via
suspension of the CCRLS bookmobile service. Because of the Measure 5 climate and
the uncertainty regarding the level of CCRLS' future funding, the Chemeketa College
Board of Education asked the CCRLS advisory committee to fund the automated
system over a two-year period. As recommended by the CCRLS advisory committee,
the upgrade will be funded by the following reductions in services:
FY1993-94
Bookmobile $ 85,000
Contingency 85,000
Computer Staff/Room 7,000
Telephone 23,000
Computer Maintenance 4,000
Equalization Offset -0-
Newber.q Contract Increase -0-
Sub-Total $204,000
FY1994-95
$ 94,000
15,000
26,500
50,000
39,000
4,000
$228,500
CCRLS · RO. Box 14007 · 4000 Lancaster Dr. · Salem, OR 97309-7090
FY1993-94 $204,000
FY1994-95 228,500
TOTAL $432,500
Despite concerns regarding the future level of CCRLS funding, the Chemeketa
Board of Education recognizes how crucial CCRLS services and payments are to
CCRLS member libraries (including Chemeketa's own library). Chemeketa has every
intention of continuing this very successful partnership into the 21 st century. We look
forward to working with you as we together shape the most effective, responsive
public library cooperative system possible.
INTERGOVERNMENTAL AGREEMENT CONTRACT AMENDMENT 10C
This contract is between Chemeketa Community College, hereinafter called COLLEGE,
and WOODBURN, OREGON, hereinafter called the CITY.
Addendum number six (6) to original contract number 88-33-027.
The contract entered into on June 28, 1989, between the COLLEGE and CITY shall be
amended as follows:
Section 4.0 CONSIDERATION, paragraphs 2 and 3, are changed to read as follows:
The COLLEGE will make the following payment to the CITY as compensation for the
CITY providing nonresident library servico for residents of the COLLEGE District at no
charge. Payments in 1993-94 shall be based on circulation and renewals of CITY
materials as counted by the CCRLS automated integrated library system. CITY shall
be reimbursed for each circulation and renewal of its materials to diStrict residents
outside its CITY boundaries, but within the COLLEGE district. Of the $344,615
designated for reimbursement among CCRLS libraries in 1993-94, $86,153.75 shall be
paid each quarter. CITY'S share of each quarter's reimbursement shall be computed
based upon its percentage of the total circulations and renewals made that quarter by
CCRLS libraries to district residents.
For purpose of tax equalization, the COLLEGE will pay to the CITY, on or before
Decembor 15 of each year this agreement is in effect, the sum of $6,534.00.
Section 7.0 CONFIDENTIALITY OF DATA, paragraph 1 and 2 are deleted in their
entirety as follows:
In pedorming the above, it is understood and agreed that all other terms and conditions
of the original contract are still in effect.
DATE THIS 1st DAY OF JULY 1993.
CONTRACTOR FOR THE CITY
BY
DATE'
Len Kelly, Mayor of Woodburn
CHEMEKETA COMMUNITY COLLEGE
BY
DATE:
Linda Cochrane, CCRLS Coordinator
A P P R OV,.~E D~C r,~,/~:. ~TA/~ M M U,~Y COLLEGE)
BY (/r' //~'"~ /,J,,~. DATE:
H. Philip Barth, Di~ctor of Business Services
CHEMEKETA COOPERATIVE REGIONAL LIBRARY SERVICE
INTEGRATED AUTOMATED LIBRARY SYSTEM AGREEMENT
THIS AGREEMENT is made pursuant to ORS Chapter 197 by and between
CHEMEKETA COMMUNITY COLLEGE DISTRICT, an Oregon community college district
established under ORS Chapter 341 {"College"}, and the CITY OF WOODBURN, an
Oregon municipal corporation {"City"), for the purpose of providing an
integrated automated library system available for use by the City, the
College, and other public libraries within the geographic area of the
Chemeketa Community College District who participate in the Chemeketa
Cooperative Regional Library Service {"CCRLS").
In Consideration of the mutual benefits and obligations contained in this
Agreement, the parties agree:
1. Definitions
1.1
CCRLS: Chemeketa Cooperative Regional Library Service, the
am-~-~T~istrative offices of Chemeketa Commuhity College for
providing regional library services to participating libraries.
1.2 CCRLS Automated Integrated Library System: On-line
circulation, public access catalog, acquisitions and cataloging
software, hardware, and associated peripherals {"System").
1.3 DYNIX, INC.: Vendor of choice for automated library system,
located in Provo, Utah.
1.4 ILL: Interlibrary loan, the borrowing and lending of library
materials between libraries.
1.5 Automation Committee: A committee of PYM Librarians which will
advise CCRLS on the operation of the automated library system.
1.6' CCRLS Participation Agreement: Agreement outlining the
formulas and responsibilities for payments made by or to CCRLS
for library participation in CCRLS.
1.7 MARC: Machine Readable Cataloging.
2. Risk Apportionment Except as otherwise agreed under paragraph
16 of this agreement.
2.1
The City recognizes that substantial capital investment, has
been made by CCRLS in acquiring the necessary system hardware,
software and peripherals and that these acquisitions were
necessary for the City to fully participate effectively as an
integral part of the CCRLS system. The City further recognizes
that these acquisitions have been made in contemplation that
all participating cities remain participating and integral
CITY
2.2
units of the CCRLS integrated automated library system for the
entire term of this agreement and that fai.lure to participate
will cause CCRLS to incur substantial monetary hardship.
On breach of participation by the City, it is agreed that City
will surrender hardware and peripherals immediately to CCRLS
and'any charges for special reports or services will become
immediately due and payable as liquidated damages and not as a
penalty. Such amount will be determined as the result of
reasoned endeavor to ascertain what the damages for breach will
be and a reasonable estimate of damage caused by the City's
breach of this agreement. Such amount will be deducted from
the amount of equalization CCRLS provides to cities under the
participation agreement.
2.3 On the dissolution, for whatever reason, of this Agreement
between CCRLS and the City, City's collection database,
borrower, and cirulation records shall be provided to the City
by CCRLS in machine-readable form.
3. Ownership and Management of the CCRLS Automated System
3.1 CCRLS shall have full ownership to all System hardware,
software and peripherals subject to the terms of the contract
between DYNIX, Inc. and Chemeketa Community College. CCRLS
shall make the services of such a system available to the City
according to Appendix B, (Computer Hardware and Software} of
this agreement.
3.2 All central site System upgrades will remain the property of
CCRLS. Any additional off-site purchases by the City shall
remain the property of the City.
3.3 The Chemeketa Community College Board of Education, as
governing board of Chemeketa Community College and CCRLS
retains final authority for decision making related to the
CCRLS System and its operation.
3.4
If funding for regional library services should cease for one
year or more, or a successor agency is not named, hardware,
software, and administration of the CCRLS System shall be
offered to participating cities. If funding for regional
library services should resume, hardware, software, and
administration may resume under the terms stated in this
agreement.
4. Service Availability
4.1 The System will be available for use by the City during its
regularly scheduled hours.
4.2 CCRLS, through its contracts for hardware and software
maintenance, shall maintain the equipment to provide for
10C
minimal down time. Thi~ does not cover telecommunications
lines. No liability is assumed by CCRLS, however, if the
System experiences down time.
4.3 On occasion, it may be necessary to temporarily suspend system
availability because of operational or maintenance requirements.
CCRLS will provide City with prior notice of System
unavailability except for unavoidable down time and/or System
failure, and if such down time will affect library operation or
business hours. Every effort will be made to schedule
maintenance for periods when libraries are not open.
5. Standards for Bibliographic Records
5.1
5.2
5.3
CCRLS will be responsible for the quality, authority controlled
database in MARC format for use by the City for centralizing
cataloging.
CCRLS will monitor and evaluate entries for new materials and
retrospective conversion in order to maintain the most
appropriate and highest quality bibliographic database.
The City shall have full responsibility for linking item
information {bar code number, library location, volume number,
call number, copy number, type of material, etc) for its
holdings to title information contained in the bibliographic
database.
6. Automation Committee
A standing committee of the PYM Librarians shall be created for the
purpose of advising CCRLS on all matters relating to the operation
of the System including standardization and changes in operating
procedures, equipment needs and System upgrades, System maintenance,
service enhancements, annual fees, security., bibliographic control,
training, and management reports. The committee shall meet monthly,
or as needed.
7. Installation and Training
7.1
The City shall be responsible for site preparation, including
cable installation according to vendor specifications, AC
wiring, and furniture.
7.2. Initially, CCRLS will train at least one staff person from the
City for catalog maintenance, patron registration, patron
access catalog, and circulation. CCRLS will coordinate
training of current staff to insure a common level of
understanding and knowledge about the use and operation of the
System. Responsibility for training subsequent staff belongs
to the City.
7.3 CCRLS shall maintain users manuals provided for central site
operation of the System.
10C
7.4
The City shall designate a staff member with whom CCRLS through
the Automation Project Librarian deals in installation,
conversion, and training matters.
8. Admission of Other Users CCRLS shall have the option of
admitting other users to the System provided that:
8.1
Any necessary system modifications shall be undertaken to
insure response times specified in the contract between CCRLS
and DYNIX, Inc. are maintained.
8.2
In order for new users to be admitted to the system, a vote of
all PYM libraries, with two-thirds assenting, shall be
required.
8.3
Any new users so admitted shall pay full costs for
modifications of the System which may be required, pay a System
integration fee and be responsible for purchasing terminals and
communications equipment necessary for connection to the
System, conversion, and other fees as necessary.
· 9. Duties of CCRLS Pursuant with the agreement with DYNIX, Inc.,
and with the advice of the Automation Committee, CCRLS shall
endeavor to:
9.1 Manage the CCRLS System pursuant to the terms and conditions of
the Agreement and all agreements concerning SYstem operation.
9.2
Regularly review the operations of the SYstem and evaluate its
performance, developing plans for modifications,.upgrades, and
new services.
9.3 Purchase and maintain all central System equipment and house
such equipment in a suitable environment.
9.4 Purchase and maintain all remote City equipment for use with
System.
9.5 Coordinate and assume costs for installation of tele-
communications equipment at City library for usewith System.
9.6 Coordinate and act as contact agency for all service vendors
relating to System.
9.7 Maintain all central System hardware, software, terminals,
peripherals, and communications equipment in good order.
9.8
Enforce rules and agreements adopted by the Automation
Committee necessary to coordinate orderly use of the System by
cities.
9.9
Coordinate future purchases of remote City equipment, including
terminals, modems, and communications and other devices as may
be necessary.
9.10
Obtain supplies, utilities, forms, reserve notices, barcodes,
overdue notices, paper, tapes, cards, postage and all supplies
except screen printer paper and ribbons, which may be required
to provide the services of the System to City.
10. Duties and Responsibilities of the City
10.1
Participate in the use and operations of the System under terms
and conditions of this Agreement and the rules and procedures
which may be adopted by CCRLS and the Automation Committee.
10.2 Regularly review the operations of the System and advise CCRLS
in writing when modifications or improvements appear necessary.
10.3 Purchase screen printer paper and ribbons and assume costs
associated with reports not regularly generated by the System
but which are requested by the City; and reimburse CCRLS for
costs directly attributable to City identified in paragraph
9.10 of this Agreement.
10 .:4
The System, as installed, will provide sufficient capacity for
the terminals and required communications equipment by the
City and other users. The addition of terminals and
communicati°ns equipment over and above the numbers specified
in APPENDIX A, Equipment Schedule, must be authorized in
writing by CCRLS at least ninety (90) days prior to the
anticipated date of installation of said equipment. Purchase
and installation costs (including costs of additional central
site equipment needs) shall be paid by City.
10.5 Input and delete all data into the System according to the
rules and procedures of the Automation Committee.
10.6 Regularly participate in the meetings and deliberations of the
Automation Committee.
10.7 Keep records and statistics which may be required by CCRLS to
document the maintenance and performance of the System.
10.8 Pay all costs for new bibliographic records which are input for
the City library.
10.9 Lend library materials subject to ILL procedures adopted by PYM
libraries.
10.10 Take reasonable measures necessary for protecting equipment in
City possession from abuse, theft, or misuse.
10C
ii. Corrective and Remedial Measures
Whenever any party believes that another has committed a reasonable
breach of any material obligation set forth in this Agreement, it
may give the other notice to that effect, and with reasonable
specificity. If notice is given, the other party shall attempt to
correct the breach within a reasonable period not to exceed thirty
{30) days.
CCRLS reserves the right to "lock out" the City from use of
terminals and the System when substantial system damage is occurring
or the security and/or confidentiality of the database is breached.
12. Liability Except as otherwise specified in this Agreement:
12.1
Each party agrees to waive, forgive, and acquit any and all
claims it may otherwise have against the other and the
officers, employees, and agents of the other, for or resulting
from damage to or loss of any software or data, including
consequential damages arising therefrom; provided that this
discharge and waiver shall not'apply to claims by one party
against any officer, employee, or agent of the other arising
from such person's malfeasance in office, willful or wanton
neglect of duty, or actions outside the course and scope of his
or her official duties.
12.2
Each party shall insure.or self-insure and be independently
responsible for the risk of its own liability for claims within
the scope of ORS 30.260 to 30.300.
13. Confidentiality of Data
13.1
The circulation records involved in the System shall be deem6d
to be exempt from public disclosure pursuant to ORS 192.500 (2}
(b} and ORS 192.500 {2) {c). The parties hereto recognize that
information contained in these records are submitted to CCRLS
and the City in confidence; is not otherwise required by law to
be submitted; that such information is confidential; and that
the public interest would suffer by any disclosure of such
records.
13.2
The parties hereto recognize that in receiving such information
they have obliged themselves not to disclose such information.
14. Maintenance
14.1
Hacdware: CCRLS will contract for hardware maintenance on
behalf of the City for all remote site equipment.including
terminals, modems, multiplexors, printers, and.other related
equipment. The City will be responsible for costs of hardware
maintenance for equipment the City purchases. Any equipment
the City purchases must be compatible with the System, as
determined by CCRLS.
14.2
Software: CCRLS shall maintain a software maintenance contract
during the life of this Agreement.
14.3
Telecommunications: The City recognizes that CCRLS does not
control, and therefore cannot warrant, the telecommunication
networks used to communicate data from a remote site to the
central site.
14.4
Interruptions of Service or Loss of Data: CCRLS will regularly
duplicate and store tapes and disc packs to back uP the central
System. CCRLS does not warrant that data loss will not occur
and the City agrees to hold CCRLS, its officers, employees, and
agents, harmless for such'loss not the result of willful,
negligent, intentional, or malicious effort.
15. Term This Agreement shall be effective for the period commencing
on July 1, 1987, and ending June 30, 1988, unless sooner terminated
as provided herein.
16. Non-Appropriation Clause
16.1 The City and/or CCRLS may terminate this agreement on July 30,
1988 on the basis of non-appropriation of revenues due to
failure to obtain funding from local property taxes without
incurring liabilities as provided herein.
16.2
Termination under this paragraph shall be exercised upon a
determination by either party's governing body that funds and
other resources cannot be allocated to continue this Agreement
for the ensuing fiscal year without unacceptable reduction in
the level of other City or College programs and services.
16.3
Within thirty (30) days of receipt of notice from CCRLS of
either its exercise of this paragraph by a city, all remaining
users agree to meet at such reasonable time and place
established in the notice in order to amend operations.
17. Renewal This Agreement may be renewed for additional periods of
no more than three (3) years each upon mutual written agreement of
the parties.
IN WITNESS WHEREOF, the College has, by direction of its Board of
Education, caused this Agreement to be signed by its Division Manager of
College Support Services; the City, by its Council, has caused this Agreement
to be executed by its Mayor and attested by its Recorder; as of the
day of 19
CITY OF WOODBURN
CHEMEKETA COMMUNITY COLLEGE
Mayor / /
Date
ATTEST:
C~ty Recgx~der~
~ll Se~:"SuR~rtr~erv-i ce s Date
CCRL~ Coordinator
Approved:
[ibra~y Director' ~' .
ApPr..oved as to form:
· City Attorney
1OD
MEMO TO:
THROUGH:
FROM:
SUBJECT:
DATE:
MAYOR AND COUNCIL
CITY ADMINISTRATOR CHILDS
CITY RECORDER TENNANT
INCREASED CIVIL INFRACTION ASSESSMENTS
FEBRUARY 10, 1994
RECOMMENDATION:
of forfeitures for civil
Infraction Ordinance).
Approve the attached ordinance amending the assessment
infractions as provided for in Ordinance 1998 (The Civil
BACKGROUND: Oregon state law requires the imposition of assessments for state,
county, and medical liability purposes on all cases of conviction for a crime, violation,
or infraction (excluding parking violations). When a fine is levied by the judge, the city
is required to collect these additional assessments then remit the funds to the state
and county. In the past, the forfeiture schedule for civil infractions was sufficient to
cover these costs. However, recent legislative action has dramatically increased the
amount to be collected by the court system. For example, last year a Class 5 civil
infraction ($25 forfeiture) would have provided $7 to the city and $18 to the state
and county. If the new forfeiture schedule is adopted, a Class 5 civil infraction ($50
forfeiture) will provide $13 to the city and $37 to the state and county.
A comparison of the existing and proposed forfeiture amounts is as follows:
Existing Amounts
(1) $500 for a Class I civil infraction
(2) $250 for a Class 2 civil infraction
(3) $100 for a Class 3 civil infraction
(4) $ 50 for a Class 4 civil infraction
(5) $ 25 for a Class 5 civil infraction
pr0oosed Amount
(1) $500 for a Class I civil infraction
(2I $250 for a Class 2 civil infraction
(3) $150 for a Class 3 civil infraction
(4) $100 for a Class 4 civil infraction
(5) $ 50 for a Class 5 civil infraction
1OD
COUNCIL BILL NO. /~2 ~L.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE 1998 (THE CIVIL INFRACTION
ORDINANCE). AND DECLARING AN EMERGENCY.
WHEREAS, violation of city nuisance, building, mechanical, plumbing, and
zoning codes affect the livability of the Woodburn community; and
WHEREAS, the amount of a forfeiture assessable for a civil infraction is
determined by the classification of infractions as specified in Ordinance 1998; and
WHEREAS, Oregon Revised Statutes requires the imposition of State Unitary,
County, and Law Enforcement Medical Liability (LEMLA) assessments on all fines and
forfeitures which must be paid to the respective agencies; and
WHEREAS, adjustments in the assessment of a forfeiture are necessary for the
purpose of meeting the increases imposed by State law; NOW, 'THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Section 5(B) of Ordinance 1998 is amended to read as follows:
(B) An assessment of a forfeiture for an infraction shall be an assessment
to pay an amount not exceeding:
(1) 9500.00 for a Class I civil infraction.
(2) 9250.00 for a Class 2 civil infraction.
(3) 9150.00 for a Class 3 civil infraction.
(4) 9100.00 for a Class 4 civil infraction.
(5) 9 50.00 for a Class 5 civil infraction.
Section 2. This ordinance being necessary for the immediate preservation of
the public peace, health and safety, an emergency is declared to exist and this
ordinance shall take effect immediately upon passage by the Council and approval by
the Mayor. ~ I /
Approved as to form: / / '~ ~-~-~ '~/0 '~
City Attorney Dat
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
Len Kelley, Mayor
Page 1 - COUNCIL BILL NO. ORDINANCE NO.
City of Woodburn
Police Department
270 Montgomery Street
Woodburn, Oregon 97071
(503) 982-2345
Ken Wright
Chief of Police
Date:
February 3, 1994
To:
TI~:
Mayor and Council
C. Childs, City Administrator
Subject:
1994 OLCC License Renewals
The Police Dep~ment has completed the annual activity review of all OLCC h.'eensed premises with the
City for the year 1993. This review has also included compliance, by businesses, of the Councils' policy
guidelines regarding liquor license recommendations.
The OLCC and City have approved liquor licenses for thirty-two businesses within the city. Seventeea
have Packaged Store pn'vileges, eight have RMB (Retail Malt Beverage), two Class 'B" Dispensers, and
five Class 'A' Dispensers. In past years the police, OLCX2 and licensee have developed compliance plans
with-some businesses to control activities. As a result of working with the businesses through the
compliance plan process activities have decreases. As a result in the 1993 license process no business
license renewal had a compliance plan attached. Within the past 60 days the Council has approved two
license applications, Chu's Eatery and La Linda's. Businesses for renewal are as follows:
PACKAGE STORES:
AM/PM Mini Mart
Bi-Mart
Crossroads Deli
Gary's Market
Lind's Market
Lind's Plaza Market
OLCC Store #60
Payless Drug Store
Piper's Jewelry
Roth's IGA
Safeway Store
Salvadore's Bakery
Shop N Kart
7-11 Store
Westview Texaco
Woodbum Chevron
Young Street Market
CLASS '~B" DISPENSERS:
Eagle's Lodge
Woodbum g~Iks
RETAH. MALT BEVERAGE:
Abby's Pizza Inn
!?zy's Pizza
La Linda's Torfi'llia
Pizza Hut
Pub 99
The Raven Inn
Senior Estates Country Club
Woodbum Lanes
CLASS "A" DISPENSERS:
Don Juan's Mexican Restaurant
Chung Sing Restaurant
The Pier
Yun Wah Chinese Restaurant
Council Resolution 1037 dated February 1991 provides guidelines to staff for the license renewal process.
Within the resolution are STANDARDS that provide a definitive criteria to be used in making
recommendations. Specific offenses are:
Fights or assaults
Liquor law violations by the licensee or their employees
Excessive or obtrusive noise
Illegal drug use or sales on the premises
Trespass on private property
Public Drunkenness
Failure of the Licensee to take appropriate action to prevent or COntrol
problems caused by patrons on the premises or within the local vicinity.
Guidelines provide direction to staff that; when there are persistent problems involving the types of police
calls listed above related to the sales or service of alCOhol, and/or a record of ten arrests in the prior 12
months, that staff will recommend denial of license renewal. If the City Council is to COntemplate the
possibility of recommending denial of a license that city staff will provide a general notice to the public to
call a public heating.
Police Department Recommendation:
That all of the OLCC license renewals be approved for 1994
with the exception of Don Juan's Mexican Restaurant and
Lounge and that the City Council hold a public hearing at the
next regularly scheduled COuncil meeting. That Owner(s) of
Don Juan's Mexican Restaurant and Lounge were involved in
illegal drug transactions on the licensed premises in 1992 and
1993.
Don Juan's
OLCC
City Attorney
City Recorder
2
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Council through City Administrator
Public Works Program Manager/~'~
Bid Award for Dump Body
February 7, 1994
RECOMMENDATION:
Reject the bid of Commercial Body Builders of Commercial Body Builders, Inc. of
$9,958.00 for nOt complying with specifications. Accept the bid of Columbia Body
& Equipment Company for $10,385.00 for a 5 to 6 cubic foot yard dump body.
NOTE: This dump body will be utilized by the street shop. Funds for the dump body
are in the approved budget in account 096-960-710.035.
BACKGROUND;,
Bids for City of Woodburn bid number 94-13 for a 5 to 6 cubic yard dump body were
opened at 2:00 pm on January 17, 1994. Bid results were:
Bidder Price
Commercial Body BuilderS, Inc.
Columbia Body & Equipment Co.
Coast Crane & Equipment Co.
9,985.00
0,385.00
0,393.00
The city specified steel tube long members and steel channel cross members on 12
inch centers for strength and durability. The body offered by the Iow bidder offered
only steel channel long members with no crossmembers. The city does not believe
this will provide the required durability over the anticipated life of the truck with the
city. The manufacturer of the body does offer structural long members and cross
members as options but the bidder chose not to offer them. Staff recommends
rejection of the Iow bid for this reason 'and award of the bid to the next qualified
bidder.
This dump body will be used by the street shop and will be mounted on a Ford cab
and chassis currently on order through the state purchase system.
11A
2/02/94
A/P CHECK LISTING FOR THE MONTH OF JANUARY 1994
Page 1
Check Number
214/,9
21450
21451
21452
21453
21454
21455
21456
21457
21458
21459
21~60
21~62
214~
214(~
21465
21467
21469
21470
21471
21472
21473
21474
21475
21476
21478
21479
21480
21/,81
21482
214~
21484
21485
21486
21487
21488
21489
21490
21491
21492
21693
Budgetary Account NLa~ber
SEUER BOND COUPONS
SEUER BOND COUPONS
PAYROLL-M,fl'P
RE I NBURSENENT-UUTP
SEUER BOND COUPON
SERVICES - UATER
VOID
VOID
VOID
MEMBERSHIP-PARKS
SUPPL I ES-PARKS
SUPPL I ES-I~TP
SUPPL I ES -PARKS
SUPPL 1 ES ' L I BRARY/PARKS
SUPPLIES'VARIOUS
REG I STNAT ION' F I NANCE
SERVI CES'I~fTP
$ERVI CES-STREET/ENG
SERVICE$ -VAR I OUS
$EUER BOND COUPONS
SUPPLIES-PARES
INSURANCE-NON DEPT
SUPPL 1 ES o PARKS
SUPPL ! ES -td~l'P
SERV! CE$-911
SERV! CES-COOE ENFORCE
SUPPL I ES' PARKS
SUPPLIES-POLICE
14EI4BERSHIP-POLI CE
MEHBERSH I P-POI. I CE
SERVICES-I&/TP
$UPPL I ES - PARKS
SUPPLIES-LIBRARY
SERV ICES- COURT
SERVI CES't&fI*P
$ERVI CES-M,/TP
SUPPL ! ES -VAR ! OUS
SUPPLIES-VARIOUS
SUPPLIES-BUILDING
SERVICES-911
CERT I F ! CAT ION-DAR
SUPPL I ES- ENG ! NEER I NG
SERVICES-VARIOUS
SERVICES-COOE ENFORCE
SUPPLIES-UUTP
Vendor Name Vendor Number Check - Date Writte~ Amount of Check
OEPOSITORY TRUST CO 001211 1/0]/94 6,675.00
FIRST INTERSTATE BANK 005140 1/04/9~ 2,160.00
LEAGUE OF OREGON CITIES 0(~)090 1/05/94 291.70
HARVIN DANIELS 003035 1/0~/9& 291.70
US BANK 020070 1/05/9~ 397.50
US POST OFFICE 020090 1/06/9~ 302.28
VOiD VOID
VOiD VOID
VOiD VOID
A.A.U. OREGON ASSOCIATION 000013 1/10/~4 20.00
AL'S FRUIT & SHRUB CENTER 000100 !/10/94 32.85
AUTONATED OFF[CE SYS 0005~3 1/10/9~ 39.25
AWARDS AND ATHLETICS 000580 1/10/~ 792.00
SI'MART CORPORATIOR 001275 1/10/94 307.75
~OISE CASCADE 001340 1/10/94 211.83
BUREAU OF LABUR & INDUSTRIES 001~05 1/10/94 55.00
CINTAN 002~84 1/10/94 330.34
DAILY JOURNAL OF COHHERCE 003020 1/10/9~ 40.50
DATA TECHNOLOGY INC 00]05] 1/10/9~ 995.00
JERRY DAUGHERTY 0030(~ 1/10/94 265.00
DAVISON AUTO PARTS 003080 1/10/~ 27.96
DURIL~N & BATES AGENCIES 003338 1/10/9~ 169.00
FOTO MAGIC 005258 1/10/94
FOX LOCK & SAFE INC 005325 1/10/94 26.50
GERVAIS TELEPHONE CO 0~143 1/10/94
G.T.E. 140gILNET 006373 1/10/9~
G.U. HAROUARE CENTER 006~05 1/10/9~ 241.30
HARRIS UN[FORNS 007090 1/10/94 297.80
IACP 008001 1/10/9~ 100.00
INTL ASSOC OF LAU ENFORCEMENT 008270 1/10/9~ 30.00
JOHN CAROLLO ENGINEERS 009124 1/10/94
L & L BUILOING SUPPLIES 011010 1/10/9~ 153.50
NICOLETTE LANOEEN-T/ONACOTT 011016 1/10/9~ 107.95
NS[ GROUP INC 012015 1/10/94 125.00
MAPLE RIDGE JANITORIAL 012073 1/10/94 420.00
GORDON L. MERSETH P.E. 012434 1/10/94 791.7~
METROFUELING INC 012/J~8 1/10/94 874.56
MICRO-TEL INC 012~64 1/10/9~ 315.00
MR P'S AUTO PARTS 012510 1/10/9~ 39.60
14ORITOR CO-OP TELEPHONE 012550 1/10/94 170.00
NATIONAL SAFETY COUNCIL 011130 1/10/94 3].00
NESSCO SUPPLY INC 013160 1/10/94 250.00
NORTHI~EST NATURAL GAS 011350 1/10/94 1,856.37
OR OEPT OF MOTOR VEHICLE 014240 1/10/94 28.00
PACIFIC PURE BOTTLEO ~ATER 015059 1/10/94 ~.50
21,800.95
llA
2/02/94
A/P CHECK LISTING FOR THE HONTH OF JANUARY 1996
Page 2
Check NuTber
21696
216~5
21696
21697
21698
21500
21501
21502
21503
2150/,
21505
21506
21507
21508
2150~
21510
21511
21512
21513
21516
21515
21516
21517
21518
21519
21520
21521
21522
21523
21526
21525
21526
21527
21528
21529
21530
21531
21532
21533
21536
21535
21536
21537
21538
21539
Budgetary Account N~r
SERV! CES-VAR % OUS
SUPPL % ES-PARKS
SUPPLIES-C STORES
SERVICES-VARIOUS
SERV[CES-W~TP
SERV % CES - COURT
SUPPL % ES-U~I'P
SUPPL % ES-I~,JTP
SERVICES-911
SERVICES-~dTP
SERVi CES-VAR%OUS
RE I MSURSEMENT - PARKS
SUPPL I ES - UATER
$ERVI CES-UATER
SERViCES'LIBRARY
SEUER BOND COUPONS
SUPPL! ES-STREET
SERVICES-VARIOUS
SERVICES'VARIOUS
SUPPLIES'PARKS
SERVICES-VARIOUS
SUPPLI ES-UWTP
SUPPL I ESok~dTP
SUPPLIES-STREET
SUPPL l ES' L [ BRARY/TRANS ! T
SERVI CES-WATER
SERV! CES'WATER
SUPPL ! ES -WATER
SERVICES'COOE ENFORCE
$ERV [CE$' PARKS
SUPPL ! ES - PARKS
SUPPL % ES -VAR % OUS
SlJPPL % ES - PARKS
SUPPLIES-VARIOUS
SEWER BOND COUPON
SERVI CES-IdATER
PETTY CASH-VARiouS
VOID
VOID
VOID
REGISTRATION-POLICE
REGISTRATiON-POLICE
SUPPLIES-PARKS
SUPPLI ESoSTREET
SUPPLiES-POLICE
SERVICES-VARIOUS
Vendor Name Vendor Ncmioer Check - Date Written Amount of Check
PETROLEUM FUNDS INC 015256 1/10/96 87.20
PiONEER ELECTRON[CS 015~5 1/10/94 17.99
PITNEY BOtdES 015350 1/10/96 179.50
PORTUUJO GENERAL ELECTRIC 015620 1/10/96 15,955.10
PROCTOR SALES ]NC 015553 1/10/96 135.00
TERRY RAM[REZ 017050 1/10/96 67.00
JACK RAWLINGS 017056 1/10/9~ 1,190.00
REO WiNG SHOE STORE 017138 1/10/96 278.20
ST PAUL CO(N~EIU~TIVE TELEPHONE 018035 1/10/96 1Tr.60
LES SCHUAB TIRE CENTER 018~00 1/10/96 39.50
SCOTT & ASSOCIATES 018110 1/10/94 3,016.86
BRIAN SJOTHUM 018~56 !/10/94 67.92
$iLVERTON SAND & GRAVEL 0184.'90 1/10/96 756.65
SLATER COI414UNICATIONS 018522 1/10/96 158.70
SOUNO ELEVATOR CO 018610 1/10/96 158.~6
STATE STREET BANK 018775 1/10/96 560.00
~4 COMPANY 019001 1/10/94 759.05
TELECOHM SYSTEMS INC 019943 1/10/96
UNITED DISPOSAL SERVICE 020020 1/10/96
UNITED STATE POST OFFICE 020090 1/10/94 116.00
U.S. tEST COI~4UNICATIONS 020095 1/10/96
VALLEY UELDING SUPPLY 021050 1/10/94 9.05
ViESKO RED! M[X 021160 1/10/96 830.97
VIOEO UNIVERSITY PROOUCTIONS 021176 1/10/96 161.00
UAL-HART STORES INC 022035 1/10/96 238.76
WATER,FO(X) & RESEARCN LAB 022062 1/t0/96 2,650.00
UATER METRICS CO 022070 1/10/94 25.00
UESTERN POWER & EQUIPMENT 022228 1/10/94 139.66
gocOBURN CLEANERS 022530 1/10/94 8.50
UOCOBURN INDEPENDENT 022630 1/10/94 160.30
WOOOBURN LUMBER CO 022660 1/10/94 1,119.61
UOGOBURN OFFICE SUPPLY 0226713 1/10/94 51.3Z,
UORD PERFECT HAGAZINES 0228~8 1/10/94 24.00
YES GRAPHICS 026025 1/10/94 302.50
US BANK 020070 1/12/94 1,~40.00
US POST OFFICE 020(790 1/13/94 147.78
CITY OF W(X~)BURN 015255 1/13/96 150.6/+
VOID VOID
VO%D VOID
VOID VOID
POLK COUNTY CASA PROGRAM NONE 1/14/94 30.00
DIANE TUTCH NONE 1/14/94 5.00
AMERICAN REO CROSS 000280 1/16/94 5.00
ARCHEM INC 000/,79 1/16/94 82.8~
AUTOHATED OFFICE SYS 000563 1/14/94 174.87
AT&T iNFORHATION SYSTEMS 000620 1/14/94 470.00
55,923.95
11A
2102194
A/P CHECK LISTING FOR THE MO~TH OF JANUARY 1994
Page 3
Check Number
21540
21541
21542
21543
21544
21545
215~6
21547
21548
21549
21550
21551
21552
21553
21554
21555
21556
21557
21558
21559
21560
21561
21562
215(G
215~
21565
21566
21567
21558
21569
21570
21571
21572
21575
2157&
21575
21576
21577
21578
21579
21580
21581
21582
21583
2158~
21585
Budgetary Account Nmber
SERVICES-VARIOUS
SUPPLIES-VARIOUS
SERVICES-~q~TP
SUPPLIES-FINANCE
SERVICES-911
SUPPLIES-CITY ATTY
SEUER BOND COUPONS
SERVICES-C STORES
SERVICES-POLICE
SUPPLIES-C GARAGE
SUPPLIES-L]BRARY
SERVICES-~ITP/I~ATER
SERVICES'CITY HALL
SERVICES'VARIOUS
SERVICES-CiTY HALL
SERVICES'BUILDING
SERVICES-CITY HALL/LIB
SUPPLIES-ENGINEERING
PERMITS-BUILDING
SUPPLIES-POLICE/TRANSIT
$ERVZCES-STREET
DUES-BUILD[#G
FEES-BUILDING
SERVICES-POLICE
SUPPLIES-STREET
SERVICES-VARIOUS
SERVICES-COURT
SUPPLIES-VARIOUS
SERV[CES-I~TER
SERVICES-CITY ATTY
SUPPLIES-VARIOUS
SUPPLIES-POLICE
SUPPLIES-POLICE
SUPPLIES'C GARAGE
SEI~ER BOND COUPONS
SERVICES-VARIOUS
SERVICES-VARIOUS
REIHBURSEHEHT'CITY ATTY
SUPPLIES'WP
SERVICES-PARKS
SUPPLIES-CITY ADHIN
iNSURANCE-NON DEPT
SE~ER BOND COUPONS
SERVICES-LIBRARY
SEWER BOND COUPONS
POSTAGE-VARIOUS
Vendor Na~e Vendor Nc~ber Check - Date Written Amount of Check
AT & T 000623 1/14/94 283.3~
BOISE CASCAOE 0013~0 1/14/94 94.57
BOONES FERRY ELECTRIC 001352 1/14/94 2,538.51
BUTTERSI~ORTHS LEGAL PUBLISH 001590 1/14/94 39.09
CELLULAR ONE 002305 1/14/94 25.03
CLARK BOAROHAN CALLAGHAN O02543 1/14/94 262.00
THE CONI4ERCIAL BANK 002695 1/14/94 132.50
COPY OFFICE PRODUCTS INC 002875 1/14/94 178.75
CREDIT NORTI~JEST CORP 002900 1/14/94 2.00
Ct~TiS INDUSTRIES INC 002958 1/14/94 384.43
GENERAL ELECTRIC CAPITAL 006079 1/14/94 136.00
G.T.E HONILNET 006373 1/14/94 57.61
C.J. NANSEN CO ]KC 007055 1/14/94 53.00
HARRIS AND EZDE 007095 1/14/94 4,675.00
HUBBARD PLUMBING 007330 1/14/94 675.00
L & L AUTO ELECTRIC 011007 1/14/94 6~.00
LANDIS & GYR 011032 1/14/94 912.00
ILRRION COUNTY CLERK 012087 1/1&/9~ 65.25
MARioN COUNTY BLDG INSPEC 012090 1/14/94 2,863.31
METROFUELING INC 012~8 1/14/94 317.24
ONE CALL CONCEPTS INC 014054 1/14/94 41.65
OREG(~I BUILDING OFFICIALS 014125 1/14/94 25.00
O~ BLDG CCOES AGENCY 014160 1/14/94 1,708.90
OR DEPT OF HOTOR VEHICLE 014240 1/14/94 6.75
THE PLANK CONPANY 0153~8 1/14/94 2,6~2.00
PORTLAND GENERAL ELECTRIC 015420 1/14/94 9,648.12
TERRY RN4IREZ 017050 1/14/94 54.50
LES SCHWAB TIRE CENTER 018300 1/14/94 317.15
SERVICENTER 018360 1/1&/94 297.50
N. R08ERT SHIELDS 018~50 1/14/94 3,510.00
SILVERFLEET SYSTEHS 0184~5 1/14/94 20~.64
SlRCHIE FINGER PRINT LAB 018503 1/14/94 45.58
TELECOI~4 SYSTEHS INC 0190~3 1/14/94 97.50
UNOCAL:ERNIE GRAHN4 OIL 020010 1/14/94 410.68
US BANK 020070 1/14/94 245.00
U.S. WEST COI4HU#ICATIONS 020091 1/14/94
U.S. WEST CONI4UNICATIONS 020095 1/14/94 2,8~2.~2.
KAY VESTAL 021126 1/14/94 14.~8
~ELCH VACUUFI TECHNOLOGY 022128 1/14/94 2,120.51
WOCOBURN HIGH SCHOOL 022615 1/14/94 120.00
I~X)OBURN OFFICE SUPPLY 027670 1/14/94 71.37
CITY/COUNTY INSURANCE SERV 002~ 1/14/94 7,593.96
SONONA VALLEY BANK 018602 1/14/94 135.00
O.#.S.I. 014037 1/17/94 1,250.00
FIRST INTERSTATE BANK 005140 1/18/94 270.00
POSTAGE BY PHONE SYSTEH 0154(~ 1/20/94 600.00
10~,~0.87
11A
2/02/94
A/P CHECK LISTING FOR THE HONTH OF JANUARY 1994
Page
Check N~r
21587
21588
21589
21590
21591
21592
21595
21594
21595
21596
21597
21598
21599
21600
21601
21602
21603
21605
21606
21607
21609
21610
21611
21612
21613
21614
21615
21616
21617
21618
21619
21620
21621
21622
Z16Z3
21626
21625
21626
21627
21628
21629
216~0
21631
Budgetary Account Number
SUPPL I ES - PARKS
SERVl CES-WATER
VOID
VOID
VOID
REFUND-WATER/SE~ER
RE FUND-WATER/SE~ER
RE FUNO-UATER/SEWER
REFUNO-WATER/SE~ER
REFUNO-UATER/$EWER
SUPPLIES-~AfrP
SUPPLIES-911
SEWER BOND COUPON
SUPPLIES-POLICE/CITY IIALL
SERVI CES-~dTP
SUPPLIES-~ATER
SUPPL I ES- STREET
SERVI CES't~JTP
SERVI (:ES -WATER
SERVICES-COURT
SUPPL I ES-UATER
SUPPLIES-t~frP
SERVI CES-I~JTP
SUPPLIES-~ATER
SERVICES-STREET
SUPPLIES-~ATER
SERVICES-911
SUPPLI ES-t&rrP
SUPPL I ES-tNTP
SUPPLIES-ENGINEERING
TEMP EMPLOYEE-STREET
SUPPLIES-POLICE
SERVI CES-U'Ji'P
SUPPLIES-VARIOUS
SUPPL ! ES-VAR [ OUS
IIEHBERSH ! P' COURT
SERV! CES-I~/TP
SERVICES-PARKS
SERVICES-911
SERVICES-WTP
SUPPLIES-STREET
SUPPL I ES- POLI CE
SUPPL I ES-VAR IOUS
SUPPLIES-WATER
SERVI CES-911
SUPPLIES-STREET
Vendor Name Vendor Nt~rber Check - Date Written
PHIL IL~YES 007165 1/20/94
US POST OFF%CE 020090 1/20/9~
VOID VOID
VOID VOID
VOID VOID
AL KORTT NONE 1/21/94
NOVALL S ABRAHAMSON HONE 1/21/9~
H. NORRI$ON & R DORSZYNSKI NONE 1/21/94
VERNON L CASE NONE 1/21/94
PETE CAM CONSTRUCTION NONE 1/21/94
AG gEST SUPPLY 000096 1/21/9~
AUTO. TED OFFICE SYS 00056~ 1/21/9~
BANK OF ANERICA 001129 1/21/9~
BI-MART CORPORATION 001275 1/21/94
BOONES FERRY ELECTRIC 001352 1/21/94
CHAMPION N4ERICA IgC 002362 1/21/9~
CHARTS INC 002405 1/21/9~
ClNTAS 00248~ 1/21/94
COFFEY LABORATORIES 00262? 1/21/94
NARGOT COHLEY 002686 1/21/94
CONSOLIDATED SUPPLY CO 002770 1/21/94
CUI4MINGS TRANSFER CO 002927 1/21/9~
CUMMINS NORTHTa~ST INC 002930 1/21/94
EC DISTRIBIJTING Ct~IPANY 00~050 1/21/9~
ELWOCO'S TREE SERVICES 00~139 1/21/94
FORCE 4 COMPUTER 005242 1/21/94
G.T.E. HONILNET 006375 1/21/94
HACH CHEMICAL CO 0070~0 1/21/9/,
HIGH PURITY CHEMICAL INC 007189 1/21/94
INNAC 0o812o 1/21/94
JOB SHOPPERS IgC 009119 1/21/~
KINKOJS NATIONAL AJR 010092 1/21/94
RANDALL G. LANGBEHN 011029 1/21/94
LEAGUE OF OREGON CITIES 011110 1/21/94
METROFUEL%NG %NC 0124~8 1/21/~
ORE ASSN FOR COURST ~#H 014~1 1/21/9~
PARKER BUILDINGS 015167 1/21/94
PORTLAND GENERAL ELECTRIC 015420 1/21/94
PTi CONI4UNICRTZON$ 015580 1/21/94
LES SCHWAB TIRE CENTER 018;100 1/21/94
SRECO FLEXIBLE 018715 1/21/94
TAB PROOUCTS 019010 1/21/94
UNOCAL:ERNIE GRAHAN OIL 020010 1/21/96
UNITED PIPE & SUPPLY 020030 1/21/94
U.S. UEST ~NICATIORS 020095 1/21/94
VIESKO REDI MIX 021140 1/21/94
A~ount of Check
185.00
170.51
2.88
12.25
21.65
16.60
14.90
48.26
197.25
135.00
98.99
305.09
85.81
65.83
158.45
6,481.09
27.50
1,300.00
316.15
632.13
35.88
720.00
306.11
4.58
28.35
147.~8
302.40
2,4~0.00
70.00
6o3.18
35.00
607.00
10.87
120.00
254.32
380.00
333.87
276.00
4,025.70
129.0~
~.80
125, T51.65
11A
2/02/94
A/P CHECK LISTING FOR THE MONTH OF JANUARY 1994
Page 5
Check Number Budgetary Account Number
21632 NOTEL TAX-NON DEPT
21633 SERVICES-VARIOUS
21634 SUPPLIES-VARIOUS
21635 PETTY CASH-VARIOUS
21636 V 0 I O
21637 SUPPLIES-FINANCE
21638 SEMER BOND C~UPON
21639 SERVICES-MATER
21640 SEUER BOND COUPONS
21641 V 0 I D
21642 V 0 I D
21643 V 0 I D
216/~ SUPPLIES-LIBRARY
21645 SERVICES°~I'P
21646 SUPPLIES°~A~TP
21647 SERVICES-POLICE/CITY HALL
21648 SUPPLIES-UATER
21649 SUPPLIES-PARKS
21650 SERVICES-POLICE
21651 SUPPLIES-STREET
21652 SUPPLIES-VARIOUS
21653 SUPPLIES-VARIOUS
21654 SERVICES-POLICE
21655 SUPPLIES-LIBRARY
21656 SUPPLIES-LIBRARY
21657 SERVICES-UUTP
21658 SERVICES-POLICE
21659 SERVICES-MATER
21660 SUPPLIES-VARIOUS
21661 SERVICES-P~/STREET
21662 SUPPLIES-VARIOUS
2166~ SUPPLIES-POLICE
21664 SUPPLIES-LIBRARY
21665 SERVICES-PARKS
21666 SUPPLIES-LIBRARY
21667 SUPPLIES-POLICE
21668 SUPPLIES-POLICE
21669 SUPPLIES-PARKS
21670 SUPPLIES-STREET
21671 SIJPPLIES-LIBRARY
21672 SUPPLIES-LIBRARY
21673 SERVICES-FINANCE
21674 SUPPLIES-LIBRARY
21675 SUPPLIES-LIBRARY
21676 SERVICES-PARKS/POLICE
21677 SUPPLIES-VARIOUS
Vendor Name Vendor gt~nber Check - Date Written Amount of Check
UOOOBURN CHAMBER OF COMMERCE 022510 1/21/94 1,383.00
UOOOBUR# INDEPENDENT 022630 1/21/94 128.98
YES GRAPHICS 024025 1/21/94 155.00
CITY OF WOOOBURN 015255 1/21/94 145.49
VOID VOID
TERRY RICHARDSON CONSULTING 017192 1/25/94 315.00
FIRST INTERSTATE BANK O05140 1/26/94 132.50
US POST OFFICE 020090 1/27/94 159.83
FIRST INTERSTATE BANK 0051/.0 1/28/9/* 662.50
VOID VOID
VOID VOID
VOID VOID
FRIENDS OF MT ANGEL LIBRARY NONE 1/28/94 29.00
A & A PEST CONTROL INC 000011 1/28/94 85.00
ARGO INDUSTRIAL 000485 1/28/94 1,033.20
ARATEX SERVICES INC 000535 1/28/94 77.94
AUTOMATED OFFICE SYS 000563 1/7.8/94 6.~
AMARDS AND ATHLETICS 000580 1/28/94 203.10
AT&T LANGUAGE LINE SERVICES 000659 1/28/94 88.15
BEN-KO-MATIC INC 001200 1/28/94 164.65
BI-MART CORPORATION 001275 1/28/94 1~.77
BOZSE CASCADE 001~0 1/28/94 271.76
CASE AUTOMOTIVE 002190 1/28/94 3,824.17
CXEMEKETA COMI4UNZTY COLLEGE 002410 1/28/94 354.60
CHILTON COMPANY 002457 1/28/94 25.14
C l NTAS 002484 1/28/94 473.79
CIS:CITY COUNTY INS SERVICES 002/,87 1/28/94 120.00
COFFEY LABORATORIES 002627 1/28/94 225.00
CONVEN I ENCECARD 002815 1/28/94 153.56
DAILY JOURNAL OF COI414ERCE 003020 1/28/94 95.25
DAV[SON AUTO PARTS 003080 1/28/94 706.27
DAVZ~ AUTO PARTS oo3081 1/28/94 9.24
DEHCO HEDIA 003110 1/28/94 8.53
ENGELMAN ELECTRIC 00~190 1/28/94 119.22
EOFF ELECTRIC CO 00~230 1/28/94 130.26
EXECUTIVE BOOK SU~ARIES O~O 1/28/94 79.50
FARNERS OZ L 0050~0 1/28/94 110.42
FOX LOCK & SAFE INC 005325 1/28/94 33.40
G.K. MACHINE 006009 1/28/94 12.64
GRLE RESEARCH COMPANY 006015 1/28/94 10~.51
GAYLORD EROS INC 006030 1/28/94 303.05
GOV'T FINANCE OFFICERS 006238 1/28/94 130.00
GRAY SUPPLY CO 006287 1/28/94 52.15
EDWARD GRAY 006290 1/28/9/* 42.45
G.T.E. HOBILNET 006373 1/28/94 512.75
G.W. HARDWARE CENTER 006405 1/28/94 881.29
139,425.05
11A'
2/02/94
A/P CHECK LISTING FOR THE NONTH OF JANUARY 1996
Page 6
Check NuTd3er
21678
21679
21(=80
21681
21682
2168~
2168~
21685
21686
21687
21688
21689
21690
21691
21692
216~r5
21696
21695
21696
21697
21698
21699
21700
21701
21702
21703
2170~
21705
21706
21707
21708
21709
21710
21711
21712
21713
2171&
21715
21716
Z1717
21718
21719
21720
21721
21722
21723
Budgetary Account Nun~3er
SUPPLIES-~ATER
SERVICES-CITY HALL
SUPPLIES-POLICE
SUPPLIES-STREET
SUPPLIES-LIBRARY
SUPPLIES'TRfl'P
SERVICES-LIBRARY/g~TP
SERVICES-ENGINEERING
SUPPLIES-ENGINEERING
SUPPLIES-LIBRARY
SERVICES-COURT
SUPPLIES-BUILDING
SUpPLIES-VARIOUS
SERVICES-TR~I'P
REIMBURSEME#T'gATER
SUPPLIES-PARKS
SUPPLIES-LIBRARY
SUPPLIES-LIBRARY
SUPPLIES-L[BHARY
SUPPLIES-VARIOUS
SUPPLIES-VARIOUS
SUPPLIES-LIBRARY
SUPPLIES-ENGINEERING
SUPPLIES-LIBRARY
SUPPLIES-PARKS
SUPPLIES-LIBRARY
SUPPLIES-LIBRARY
SUPPLIES-VARIOUS
SUPPLIES-LIBRARY
SUPPLIES-FINANCE
SUPPLIES-POLICE
SUPPLIES-POLICE
SUPPLIES-C STORES
MEMBERSHIP-POLICE/911
SUPPLIES-LIBRARY
SUPPLIES-LIBRARY
SUPPLIES-LIBRARY
SUPPLIES'LIBRARY
SUPPLIES-STREET/PARKS
SUPPL]E$-PARKS/L[BRARY
SERViCES-POLICE
SUPPLIES-LIBRARY
SERVICES-POLICE
SERVICES-POLiCE
SUPPLIES-LIBRARY
SUPPLIES-LIBRARY
vendor Name Vendor Nc~ber Check - Date Written Amount of Check
HALTON COHPANY 007046 1/28/96 ~6,774.00
c.J. HANSEN CO IgC 007055 1/28/94 479.00
HARRIS UNIFORMS 007090 1/28/96 107.00
HILLYERS MID CITY FORD 007228 1/28/96 50.0~
INGRAM DIST GROUP 008116 1/28/96 2,075.66
ISCO INC 008370 1/28/96 338.29
JAHES ABBOTT ELECTRIC 009058 1/28/96 333.00
j08 SHOPPERS INC 009119 1/28/96 876.00
JOHNSON INSTRUMENT CONPANY 009135 1/28/9~ 5,795.00
KNOGO CORPORATION 010293 1/28/96 251.58
PETER N. KONOVALOV 010295 1/28/96 20.00
L & L AUTO ELECTRIC 011007 ~/28/96 15.00
L & L BUILDING SUPPLIES 0011010 1/28/9~ 218.53
RANDALL G. LANGBEHN 011029 1/28/96 200.00
GERALD LEINBAC# 011190 1/28/96 ~.97
LIND'S MARKET 011260 1/28/96 163.9/,
MN)ERA CINEV]DEO INC 012016 1/28/94 68.~8
MARSHALL CAVENDISH CORP 012255 1/28/9~ 913.60
MEDIA SOURCE 012611 1/28/9~ 152.16
METROFUELING [NC 012848 1/28/96 608.87
MR P'S AUTO PARTS 012510 1/28/94 149.73
NAT'L GEOGRAPHIC SOCIETY 013060 1/28/9~ 12.90
NESSCO SUPPLY INC 013160 1/28/94 285.08
NIGHTINGALE CONANT 013195 1/28/9~ 65.90
NORTHUEST TOOL & SUPPLY 013307 1/28/96 512.70
OFFICE OF CUM~NITY COLLEGE 016028 1/28/96 11.00
OREGON LAHINATORS INC 016067 1/28/94 180.01
OREGON DEPT OF GENERAL SERV 016200 1/28/96 672.50
OXFORD UNIVERSITY PRESS 01/~55 1/28/96 31.23
PAPERDIRECT INC 015112 1/28/96 22.95
PERF PUBLISHING 015230 1/28/96 17.50
PIONEER ELECTRONICS 015~5 1/28/94 1.69
PITNEY BO~S 015350 1/28/~ 28.05
RAIN/K~RION COUNTY FISCAL SER 0170~2 1/28/96 9,078.75
RANDOM MOUSE INC 017051 1/28/96 110.63
REGENT BOOK COHPANY 017168 1/28/96 30.53
SALE# TROPHY CO 018161 1/28/96 66.75
SCIENT]FZC AI4ERICAN LIBRARY 018287 1/Z8/96 28.26
LES SCHgAS TIRE CENTER 018300 1/28/94 169.35
SCOT CUSTOOIAL SUPPLY 018~08 1/28/96 389.05
N. ROBERT SHIELDS 018~50 1/28/96 20~.00
SINGER SE~ REFER LIBRARY 018501 1/28/9& 17.55
SLATER COHMUN]CATIONS 018522 1/28/96 135.00
SUN RIVER 0188~8 1/28/96 105.28
THORNOIKE PRESS 019150 1/28/96 222.8~
TIME LIFE BOOKS MUSIC 019160 1/28/96 19.25
211,217.95
2/02/94
A/P CHECK LISTING FOR THE NC)NTH OF JANUARY 1994
Page 7
Check Nurber
21724
21725
21726
21727
21728
21729
21730
21731
21732
21733
21734
21735
21736
21737
21738
21739
21740
21741
21742
21743
21744
21745
21746
217~.7
21748
21749
21750
21751
21752
21753
21755
21756
21757
21758
21759
21760
21761
21762
21763
21764
21765
21766
21767
Budgetary Account Nmber
SERVICES-LIBRARY
SUPPLIES-LIBRARY
SERVICES-PARKS
SERVICES-911
SUPPLIES-LIBRARY
SUPPLIES-POLICE/PLANNING
SERVICES-WATER
SERV1CES-~'rP
SUPPLIES-S?REET~.IATER
SUPPLIES-LIBRARY
SUPPLIES-LIBRARY
SERVICES-PARKS
SERVICES-BUILDING
SUPPLIES-IAfrP/PARKS
SUPPLIES-VARIOUS
SUPPLIES-POLICE
SERVICES-LIBRARY
SUPPLIES-PARKS
SERVICES-RSVP
SERVICES-RSVP
SERVICES-RSVP
SERVICES'RSVP
SERVICES-RSVP
SERVICES'RSVP
SERVICES-RSVP
SERVICES-RSVP
SERVICES'RSVP
SERVICES'RSVP
SERVICES-RSVP
SERVICES-RSVP
SERVICES-DAR
SERVICES-DAR
SERVICES'DAR
SERVICES-DAR
SERVICES'DAR
SERVICES-DAR
SERVICES-DAR
SERVICES-DAR
SERVICES-DAR
SERVICES-OAR
SERVICES-DAR
SERVICES-DAR
SERVICES-WWTP
PETTY CASH-VARIOUS
Vendor Name Vendor Nmber Check - Date Written Amount of Check
TRAPPIST ABBEY BOOKBIND 019240 1/28/94 37.3.00
UNIQUE BO01(S INC 020016 1/Z8/9~ 525.28
US POST OFFICE 020090 1/28/94 75.00
U.S. WEST COIggJNICATIORS 020095 1/28/94 69.80
UNIVERSITY OF OREGON 020150 1/28/94 52.00
UAL-MART STORES ]NC 022035 1/28/94 105.30
WA?ER,FOCO & RESEARCH LAB 022062 1/28/94 182.50
WATERLAB 022065 1/28/94 315.00
UES?ERN PO~ER & ECSJIPt4ENT 022228 1/28/94 SmTO0.O0
UILO LIFE UNLIMITEO FOUNDATION 022313 1/28/94 131.40
WINDSHAO0~ PRESS 022428 1/28/94 7.45
WOLFERS HEATING & AIR COND 022~60 ~/28/94 2,66~.50
UOOOBURN CARCRAFT 022508 1/28/94 55.26
UOOOBURN LUMBER CO 022660 1/28/94 597.09
UOOOBURN OFFICE SUPPLY 022670 1/28/94 89.94
UOOOBLIRN PIL~J4ACY 022680 1/28/94 ?.84
UOCOBURN PLUMBING 022695 1/28/94 85.95
YES GRAPHICS 024025 1/28/94
ANN BIGEJ 035040 1/28/94 162.20
ELIZABETH BRCOESSER 03506? 1/28/9~ 19.20
GEORGE CUSTER 035128 1/28/94 10.80
GRACE FOLTZ 035250 1/28/94 25.20
MARGARET KANE 035390 1/28/94
LEO LA ROGUE 035465 1/28/94 155.52
CHARLES MONLER 035555 1/28/94 28.80
VADA OWENS 03558.1 1/28/94 86.88
ALMEDA GUIR[NG 035608 1/28/94 60.48
JUNE SIHPSON 035648 1/28/94 92.16
ROBERT STILLMAN 035667 1/28/94 38.40
JAY ~KX}OS 03576~ 1/28/94 148.32
HATTIE CLARK 045100 1/28/94 ?5.60
GRACE DAV[DSON 045210 1/28/94 45.12
CORNELIUS DONNELLY 045230 1/28/94 1px.36
UINNIFRED FACNINI 045245 1/28/94 13.44
MARVIN GRIMM 045295 1/28/94 33.12
WARD O'BRIEN 04549? 1/28/94 6.00
MARILYN PARADIS 045512 1/28/9& 52.80
GERTRUOE REES 0~5545 1/28/94 42.24
JA~ES STROUP 045595 1/28/94 67.92
gARRARA STROUP 045596 1/28/94 21.22
GENE WELLS 045698 1/28/94 9.~6
LO~ELL WZKOFF 045705 1/28/94 148.24
SANK OF A~ERICA 001130 1/28/94 70.48
CITY OF t~OOBURN O15255 1/28/94 156.74
223,995.30
14A
MEMO
TO:
Mayor and City Council through City Administrator
FROM:
Woodburn Planning Commission
SUBJECT: Site Plan Review 93-14
DATE:
February 10, 1994
At their January 27, 1994 hearing the Planning Commission acknowledged staff's
approval, with conditions a 3,500 sq. ft. storage faciliW. This facility will be utilized
to house golf course equipment associated with the maintenance of the Oregon Golf
Association Fairways and Putting Greens.
A site plan is attached.
14A
14B
MEMO
TO:
FROM:
SUBJECT:
DATE:
Mayor and City Council through City Administrator
Woodburn Planning Commission
Site Plan Review 93-17 Recreation & Parks
February 10, 1994
At their January 27, 1994 hearing the Planning Commission confirmed staff's decision
for approval or a 1460 sq. ft. utility building and offices, conference room and garage
for the property located at 1390 Commerce Way.
Specific conditions of approval were addressed as requirements of approval.
The site plan and exterior elevations are attached.
14B
14B
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15A
MEMO
TO: Mayor and City Council
FROM: Chris Childs, City Administrator
Goals and ACCOmplishments
January 26, 1994
SUBJ.:
DATE:
It is once again my privilege to present the Council with a brief summary outline
of some of our more noteable achievements and accomplishments during the 1993
calendar year, as well as some of the principal goals that city s~aff has identified for
1994.
The number of things accomplished during 1993 is entirely too numerous to
attempt to itemize in detail. As one department head has said on occasion, "We're
always doing good things for the community". This is ever so true throughout the
city organization, and should serve as a point of pride to every employee, every
department manager, the Mayor and Council, and the community alike.
Many accomplishments may appear insignificant to someone on the "outside
looking in", and many are part of simply getting the day-to-day work done. But all are
critical to the well-being of the city and require much hard work and dedication on the
part of our employees. I refer to such things as getting a good audit report, complying
with state and federal regulations in the water or wastewater areas, properly
addressing development activity in a timely manner, providing "on-time" bus service,
answering and responding to every emergency call, etc., etc. Every city employee
who contributes in his or her own way to each and every accomplishment deserves
to feel a distinct sense of satisfaction in the provision of service to our community.
Some of the more newsworthy or extraordinary accomplishments of the past
year (1993), most having a distinct impact on the city's future, are listed below.
These are not listed in any order of priority nor are they necessarily presented in
chronological order. A number of these accomplishments were, in fact, the
culmination of the specific goals identified for 1993.
* Although created in 1992, the Transportation Task Force reached "high gear" in
1993, working toward its mandate of developing a 20-year transportation plan;
assisted by a major jointly-funded Interchange-area traffic study conducted by
Kittelson & Associates,
15A
Page 2 - Goals and Accomplishments (January 26, 1994)
* Cable Franchise Management Fund created to utilize cable TV franchise fees to
enhance community access television efforts in Woodburn.
* Creation of Gang Enforcement ("GET") Team as cooperative effort between
Woodburn Police Dept. and Oregon State Police, with resource assistance from
Oregon National Guard.
* Annexation of Miller Farm Planned Unit Development (PUD), first phase of proposed
Tukwila golf course/residential development.
* Responded swiftly and effectively to March 25, 1993 "Scotts Mills" earthquake,
including assistance in "cutting red tape" for displaced residents and Salud Medical
Clinic and implementation of process to promote compliance in repair of severely
damaged structures.
* Developed effective and balanced F.Y. 1993-94 city budget, followed by passage
of annual operating levy (May, 1993) by solid majority.
* Successfully negotiated FEMA assistance totalling over $275,000 for repair or
reconstruction of earthquake damaged city facilities.
* Achieved out-of-court resolution of long-running "Emanual Hospital" lawsuit.
* Two successful "Gang Summits" (May 12 and Sept. 28), co-sponsored by
Woodburn Police Dept. and Woodburn schools, focused heightened community
awareness on this issue and provided groundwork for community-wide methods of
dealing with the problem.
* Recreation & Parks Dept. successful in securing $35,250 grant for youth drop-in
center to accomodate changing community needs resulting from implementation of
year-round school.
* Established "blue-ribbon" Wastewater Advisory Committee to evaluate treatment
plant needs and options into the 21st century.
* Completion of Highway 99 widening project from Lincoln Street to north city limit,
including associated projects (water line relocations, Hardcastle Avenue sidewalks and
resurfacing, etc.).
* Concluded renewal of ten-year electric utility franchise for Portland General Electric.
* Successfully negotiated multi-year labor contract with AFSCME Local 642,
representing some forty city general services employees.
15A
Page 3 - Goals and Accomplishments (January 26, 1994)
* Implementation of Traffic Impact Fee and Storm Drain SDC to help provide for
future increases in infrastructure capacity.
* Various options developed by Swimming Pool Committee resulting in selected pool
alternative by Council, enabling rapid progress in preliminary schematics and design,
funding alternatives, etc.
* Implementation of uniform fee on PGE gross revenues dedicated to transportation
improvement projects; a significant "leg" in the total funding package that will be
required for this purpose.
* Sale of surplus parkland to Woodburn School District, described as a "win-win
situation" for both the school system (concerning expansion needs) and the city
("seed money" for Centennial Park and proposed aquatic center).
My list of goals for 1994 includes a mix of personal concerns and ideas elicited
from the city's executive management team, as well as some remaining 1993 goals
that were not fully achieved during the year. The number of shared goals indicates
to me that we are, collectively, "on the same wave length" and moving in a team-
oriented fashion toward accomplishing them. Similarly, I believe that the Council
members, individually and collectively, can identify with the significance and
importance of each goal enumerated.
Each of the goals outlined below has a reasonable probability of being
accomplished during 1994. Some may not for various reasons, while other goals,
needs or unexpected issues may present themselves during the course of the year.
A list of goals represents a general plan of action and, like any other "list" often needs
to be amended from time to time.
The following goals for 1994 are presented in no particular order of priority
(each is important in its own way):
* Preparation of a balanced F.Y. 1994-95 budget that optimizes provision of current
city services to the most practical extent possible.
* Passage of a fair and competitive annual operating levy to ensure uninterrupted
provision of city services.
* Completion of revised and updated citywide Emergency Disaster Plan.
* Continue to address gang issues through law enforcement and community
partnership efforts,
* Completion of in-house ordinance recompilation project.
15A
Page 4 - Goals and Accomplishments (January 26, 1994)
* DevelOp comprehensive groundwater protection program.
* Final resolution of North Willamette Telecom franchise application process.
Completion of Astor Way (construction) and Nazarene (renovation) water well
projects.
* Completion of proposed Country Club/Oregon Way intersection and
realignment.
* Completion of proposed Evergreen north extension/4-way traffic light.
signal
* Completion of Centennial Park Phase I, including access road, parking lot and two
ballfields.
* Complete financing package and move into final design/construction phase
regarding new year-round aquatic center.
* Renewal of ambulance and natural gas franchises.
* Support legislation to preserve local control of community-based 9-1-1 Public
Safety Answering Points (PSAPs).
* Determination of most suitable format for provision of 9-1-1 dispatch services to
city and surrounding area in an effective, efficient and cost-effective manner.
* Completion of citywide 20-year Transportation Plan which complies with state-
mandated DCLD Transportation Rule.
* Completion of WWTP facility planning process and selection of final design
alternative for new facility.
* Amendments and revisions to Comprehensive Plan and associated ordinances to
ensure compliance with statewide land use goals.
* Update ciW data base regarding housing, infrastructure, maps, etc.
* Completion of major earthquake-related repairs to Library facility.
* Development and adoption of computer policies for utilization, purchase and sharing
of computer hardware and software, along with equitable and affordable plan for
meeting the city's long-range needs in this area.
* Define objectives for expanded and updated telephone/telecommunications system.
15A
Page 5 - Goals and Accomplishments (January 26, 1994)
* Major update of utility billing files to conform to revised USPS carrier route
numbers.
In conclusion, I believe that 1993 was a good year for Woodburn's city
government, and I look forward to an even more productive year in 1994 as many of
the projects and tasks started in 1993 begin to come together. It is essential that the
Mayor and Council continue to be in a position of knowledge and understanding,
regarding these projects, in order to accurately communicate the city's needs and
objectives to a growing constituency.
As noted earlier, it is important that Council members be able to identify with
the significance and importance of each goal enumerated by the Administrator and
city staff. It is equally important that the Council be able to develop and identify its
own goals, from which important long-term policy decisionS, can be made and
implemented accordingly. It is my understanding that the most recent formal goal-
setting by the Council occurred in 1987. In our rapidly changing 1990's environment,
it is perhaps timely that this be considered again at the present time. Given some
direction by Council in this regard, I am certainly willing to investigate the various
resources available to assist in accomplishing this.
15B
MEMO
TO:
FROM:
SUBJ:
DATE:
CITY COUNCIL & MAYOR
NANCY GRI'FI'A, FINANCE DIRECTOR
LAW REGARDING AMOUNT OF BONDED INDEBTEDNESS
JANUARY 24, 1994
A question was posed at a recent Council meeting concerning the amount of bonded
debt the City can legally incur. Our City charter defers to State law which, when
simplified, says a city may have debt which, after certain amounts are subtracted, is
not more than three percent of the real market value of taxable property within its
boundaries (assessed value).
Two sums are subtracted from a city's total debt before it is compared to this three
percent value · the first is debt which finances water, sanitary and storm sewers and
off street parking facilities. This group is subtracted because these projects usually
produce user fees or assessments from property owners which can be used to pay the
debt off.
The second sum to be subtracted consists of cash reserves and sinking funds (funds
set up to accumulate cash for the payoff of debt.) These are subtracted because they
represent cash currently available for payment of debt.
This $ very similar to a bank looking at your income and current monthly payments and
the total in your checking and savings accounts before granting you a loan.
Three percent of the City of Woodburn's assessed value is $13,778,670. The legal debt
which would be applicable given the state formula above shows Woodburn is only at
about 7/1000 (seven one thousandths) of this debt limit. Likewise, other financial
measures of indebtedness for cities demonstrate that Woodburn has a Iow debt ratio.
15C
MEMO
TO:
FROM:
SUBJ.:
DATE:
Mayor and City Council
Chris Childs, City Administrator
Charter Amendment / Followuo Election of Appointed
Council Member
February 2, 1994
At the Council meeting of June 14, 1993, a motion was passed directing the
"City Attorney, Administrator, and other staff members to draft an ordinance which
would call for an election to amend the Charter and require Council vacancies to be
filled by an election."
At that time, Councilors expressed concerns in connection with the
appointment of Bill Mitchell in June, 1993 to fill the Ward I vacancy created by the
resignation of Allen Arntzen. Mr. Arntzen was six months into his elected 4-year term
at the time of his resignation.
Our current Charter language, in such an instance, states that "The appointee's
term of office shall begin immediately upon his or her appointment and shall continue
throughout the unexpired term of his or her predecessor."
The concerns expressed by Councilors seem to revolve around the question of
whether or not it is fair to the voters of a ward to be represented by someone for
(conceivably) up to four years (3-1/2 years in this instance) without the opportunity
to vote on that individual's merits for the position. The resultant direction to staff
was to look into the possibility of an appointed incumbent being subject to a
"confirmation" election reasonably soon after his/her appointment.
The City Attorney has drafted alternative language that would be consistent
with Council's motion (included as Attachment "A"), which is presented at this time
for further review and discussion by the Council. Other possibilities certainly exist.
You will note that the alternative language is drafted in such a manner that it also
includes the position of Mayor.
At the present time, a Council vacancy is filled by Mayoral appointment. The
Charter does not prescribe a process for selection, but the Mayor, alone or in concert
with the Council, may presumably institute a recruitment process deemed suitable to
15C
Page 2 - Charter Amendment/Council Appointments (2/2/94)
the situation. The next "layer of protection", which is prescribed by the Charter, is
a confirmation vote by a majoriW of the Council who are, of course, elected officials
in their own right. From that point on, as previously noted, the appointee is "in
office" and serves out the remainder of his/her predecessor's term.
Woodburn's Charter was patterned to a great degree after what is known as
the "Model City Charter" with some distinct differences tailored to Woodburn's
individual situation. However, Woodburn's specific charter language pertaining to the
appointee serving out the entire balance of the term is identical to the model charter
language. The League of Oregon Cities' Ordinance Compilation Service was unable
to provide specific numbers, but indicated that the "majority" of cities in Oregon have
charters based on the "Model City Charter".
In terms of "legislative intent", I contacted Orville Rummel, who chaired the
citizens' committee that developed and drafted the present charter back in 1981-82.
Mr. Rummel related that the entire charter was discussed and debated literally
sentence by sentence. In respect to Council vacancies, Mr. Rummel confirmed the
influence of the model charter and recalls that the committee felt that it should
definitely be the Mayor's prerogative to appoint, with Council approval of the
appointee. Mr. Rummel pointed out that, with the procedure specified in the charter,
there was ample opportunity for the selection of a well-qualified candidate; that if
there was sentiment that an election to confirm the appointment is necessary "they
have the wrong candidate". I have talked with other members of the 1981 charter
committee still in the community, Robert Prinslow and Marv Shelby, who also both
recalled the reliance on the model charter. Neither indicated that they recalled Council
appointments being a major point of debate or discussion at the time.
There are instances where cities have looked at moving ~wav from elections,
as well. The City of Tigard, for example, is presently considering possible charter
amendments in this regard. According to Patrick Reilly, Tigard City Administrator,
Tigard's existing charter calls for an election on a council vacancy on the next
pv{~ilable election date. Coincidentally, an interim appointee to fill the position is nQt
eligible to be a candidate at the subsequent election.
Tigard officials, seeking more flexibility, are discussing possible charter
amendments that would a) allow an interim council appointee to be a candidate in
any succeeding election and b) allow the city council more discretion as to whether
an election has to be held at all.. Mr. Reilly cited a fairly extreme (but entirely possible)
example of the downside of Tigard's existing charter in the following manner: A
council vacancy occurs in September for a position that normally expires in December.
Under the terms of their existing charter, the position would have to stand for election
in November for the one additional month remaining in the term. Ironically, elsewhere
15C
Page 3 - Charter Amendment/Council Appointments (2/2/94)
on the same November ballot could also be the names of candidates running for the
same position for the succeedinq term. Mr. Reilly noted that, in practical terms, the
City of Tigard may well end up looking at requiring an election in those instances
where the vacated position has over a year remaining.
In a similar vein, the League of Oregon Cities' contact noted a provision of the
state constitution which makes reference to "all officers" being elected at the "regular
general biennial election". This has apparently been a point of confusion for some
cities and is presumably a basic premise as to why most all cities elect their officials
in the November general election every other year. Orville Rummel also described this
constitutional influence as Woodburn's charter was being developed. This presents
another possible alternative of holding a confirmation election on an appointee's
position at the next biennial general election. In such a case, the maximum amount
of time an appointee could serve without facing an election would be approximately
2 years and 3 months (including allowance for election notice timelines).
Without any charter amendment, an unsuitable or poorly performing Council
appointee would be subject to the recall process during the balance of his or her term,
in the same manner as the remaining elected members of the Council.
An additional consideration is the cost of conducting a confirmation election.
An election on city issues may be held in conjunction with a statewide Primary or
General Election at no cost to the city. The cost of an election held on any other date
is the sole responsibility of the city if its issue is the only one on the ballot. Recent
experience shows that this cost is typically $4,000 to $5,000. If another
governmental entity also has an issue on the same ballot, the cost is borne in a
proportionate manner between the entities. With an increased number of "vote-by-
mail" elections, generating a higher level of voter participation, it is anticipated that
future election costs will be increased rather than decreased.
One final note concerns timing. Any charter amendment to be considered must
be presented in final form, with an accompanying ballot measure ordinance for Council
approval no later than the March 14, 1994 Council meeting in order to be placed on
the May 17, 1994 Primary Election ballot. Obviously, elections occurring on
subsequent dates would have different timetables.
If Council wishes to proceed in this regard, additional specific direction would
be helpful.
15C
A~-FACHMENT "A"
Section 31. FILLING OF VACANCIES. In the event the office of mayor or councilor
becomes vacant before the normal expiration of its term, a special election shall be
held at the next available date to fill the office for the unexpired term. Such an
election shall be held in accordance with the election laws of the State of Oregon.
The mayor, or if the mayor's office is vacant, the president of the council, shall
appoint a person to fill the vacancy on an interim basis until a special election can be
held. A majority vote of the council shall be required to approve the interim
appointment. Any person appointed to fill a vacancy on an inter'im basis is eligible to
be a candidate for election to that position at the special election.
CITY OF
'270 Montgomery Street
WOODBURN
Woodburn, Oregon 97071 · 982-522e2
15D
MEMORANDUM OPINION NO. 94-01
TO: MAYOR AND CITY COUNCIL ~/J,//%
~'V' ~/'"-
FROM: N. ROBERT SHIELDS, CITY ATTORNEY
SUBJECT: LEGAL STATUS OF CONNECTION FEE SUBSIDY PROGRAM
DATE: FEBRUARY 8, 1994
The city Council, at its January 24, 1994 meeting, requested a
formal opinion concerning the present legal status of the
connection fee subsidy program. Questions have arisen regarding
what Ordinance 1978 (the connection fee subsidy ordinance)
originally provided, whether the ordinance created an interfund
liability, whether,~if an interfund liability was created, the city
had the authority to terminate the liability and, whether the City
has already acted, or can act in the future, to terminate the
liability.
Historical Backqround
Ordinance 1978 was originally enacted by the City Council in the
mid-1980's in an effort to encourage development. The ordinance
was drafted by former City Administrator Mike Quinn and was based
on an innovative idea. The concept was that if the city reduced
the amount of its connection fees, this reduction would spur
development. The City could then, in turn, recoup the amount
initially lost in lower fees by the taxes realized from the
increase in assessed valuation after the property developed.
Although an innovative approach, the ordinance was based on the
premise that the connection fee reduction, and not overall economic
conditions, stimulated new development. It was undeniably true
that the new development led to increased property taxes for the
city. However, if a substantial portion of the new development
were to occur even without the reduced connection fees, the city
was losing the benefit of having both the increased taxes and
higher connection fees. Reconsideration of this cause-and-effect
relationship between the ordinance passage and the new development
was a significant factor in the Council's decision to repeal the
ordinance in 1989.
15D
Question 1: Did Ordinance 1978 create a liability from the City's
General Fund to the city's Capital Improvement Funds?.
To examine the legal status of the connection fee program, it is
first necessary to attempt to predict whether a Court would hold
that Ordinance 1978 created a legal liability from the city's
General Fund to its Capital Improvement Funds. It is clear from
the historical background that the policy rationale behind
Ordinance 1978 was to make up the lost revenues from reduced
connection fees by increased taxes received as a result of property
development. However, what was legally required by the ordinance
is less apparent.
The Face of the Ordinance
On the face of the ordinance, the policy is apparent:
Section 1. ~urpose. The City Council finds that the
stimulation of new development withinthe com~unitywill
broaden the economic base of community livability for all
residents of the City. As an incentive to promote new
development, a subsidy of new development fee
responsibility is promoted between the owner and the
City. This sharing of responsibility is based upon the
premise that development pay the expense of development
and said public subsidy come from the tax revenue
generated by the specific development project.
However, the only ordinance provision that could be construed so as
to require a legal transfer provides:
Section 2. Definitions. (D) "Incremental Property Tax
Subsidy" shall mean those property taxes derived from new
construction attributable only to the amount levied by
the City of Woodburn and no other taxing jurisdiction;
which amount is determined as the incremental difference
between before construction and after construction
assessed valuation multiplied bythe applicable City tax
rate. This subsidy will not alter the rate of taxation
levied by any taxing jurisdiction, but only provide a
method of determining a subsidy amount which the City
will transfer from property tax receipts to applicable
capital improvement funds as satisfaction of the City's
application of this cost-sharing subsidy of applicable
development connection fees.
Significantly, this transfer language is buried in the definition
section and not set out as a separate substantive provision of the
ordinance. The face of the ordinance, therefore, contains
sufficient ambiguity that it is unclear whether a Court would find
that a legal liability was created from the City's General Fund to
the City's Capital Improvement Funds.
PAGE - 2 MEMORANDUM OPINION NO. 94-01
15D
The city Financial Audits
In determining whether a legal liability exists, it is always
necessary to review the City financial audits for the relevant
period. The City Auditor is charged with the specific
responsibility of' documenting and assessing all actual and
potential liabilities. In conducting the audit the normal
practice is to request information and review any documents
relevant to the City's financial situation.
Review of the audits for the fiscal years ending in 1987 and 1988
reveals that the City Auditor made reference to Ordinance 1978 in
both financial documents. On both occasions the ordinance was
mentioned as a policy incentive to encourage development and no
financial liability was noted. This leads to the conclusion that
the City Auditor was aware oft he passage of Ordinance 1978 and was
of the opinion that no legal liability existed.
The Systems Development Methodology
Finally, in determining whether a legal liability exists, the
methodology developed to justify the City's systems development
charges under the state law should be considered. In 1989, the
Oregon legislature passed ORS 223.297 - 223.314 which requires all
city systems development charges be rationalized based on specific
criteria. To comply with this statute, the City hired a nationally
recognized consultant in developing systems development fee
methodologies. One of the legally required factors to consider was
the prior contributions to existing capital improvements by
existing users. Extensive research and analysis was done by the
consultant and a schedule of systems development charges was
devised to conform to state law, together with an extensive
supporting methodology.
A detailed review of the methodology and the consultant's report
disclose no reference to any monies owed tot he Capital Improvement
Funds by the General Fund. This leads to the conclusion that the
consultant believed that no financial liability existed and there
was, therefore, no impact on the proposed schedule of fees.
~-swer to Question 1: It is unclear whether a Court ~aced with the
question would find that Ordinance 1978 created a legal liability
from the City's General Fund to the City's Capital Improvement
Funds. This answer is based upon the face of the ordinance, the
City Auditor's reports and the methodoloqydeveloDedbythe Citv's
system_ development charqes consultant.
If no legal liability was created by Ordinance 1978, there is no
need for a further discussion. However, if it is assumed, for
purposes of further analysis, that Ordinance 1978 created a
liability from the City's General Fund to the City's Capital
Improvement Funds, a second question must now be addressed.
PAGE - 3 MEMORANDUM OPINION NO. 94-01
IOIJ
Question z: If it is assumed for purposes of further analysis that
Ordinance 1978 created a liability from the city's General Fund to
the city's Capital Improvement Funds, does the City Council possess
the legal authority to terminate this interfund liability?
The fundamental basis of the city's home rule authority is Section
4 of the Woodburn city Charter which provides:
POWER OF THE CITY. The city shall have all powers which
the constitutions, statutes, and common law of the United
States and of this state expressly or impliedlygrant or
allow municipalities, as fully as though this charter
specifically, enumerated each of those powers.
Specifically in regard to systems development charges, the Oregon
appellate courts have deferred to the policy determinations of
cities in setting the amounts and nature of these fees. In Oregon
State Homebuilders v. city of Ti~ard, 43 Or App 791, 604 P 2d 886
(1979), the Oregon Court of Appeals upheld the City of Tigard's
Systems Development Charge Ordinance based upon the fact that there
was a rational basis for the city Council's policy determinations.
In deciding the case, the Court set forth its standard of review:
[T]he judiciary may not sit as a superlegislature to
judge the wisdom or desirability of legislative policy
determinations made in areas that neither affect
fundamental rights nor proceed along suspect lines *** in
the local economic sphere it is only the invidious
discrimination, the wholly arbitrary act, which cannot
stand consistently with the Fourteenth Amendment.
Even under the current state law in regard to systems development
charges (ORS 223.297 - 223.314), the City is not obligated to
charge 100% of the fee that its methodology justifies, but can make
a policy determination that lesser fees are appropriate.
It would follow, therefore, that the City would possess the legal
authority to terminate an interfund liability from the City's
General Fund to the City's Capital Improvement Funds, if such a
liability were found to exist.
Answer to Question 2: Based on the home rule authority of the City.
judicial deference to city policy determinations in regard to
setting systems development charges and the rationale behin~
current state law, the city Council possesses the legal authority
to terminate any potential interfund liability from the city's
General Fund to the City's capital Improvement Funds.
The question now arises, if the City Council possesses the legal
authority to terminate the potential interfund liability from the
PAGE - 4 MEMORANDUM OPINION NO. 94-01
15D
City's General Fund to the City's Capital Improvement Funds,
whether this authority was already exercised bythe city Council in
1989 when it repealed Ordinance 1978.
Ouestion 3: If the City Council possesses the leqal authority to
terminate a potential interfund liability from the city's General
Fund to the city's Capital Improvement Funds, was this authority
already exercised in 2989 when it repealed Ordinance ~978 ?
The general repeal of an ordinance normally leaves all the
provisions contained in the ordinance without legal force and
effect. It is for this reason that "savings clauses" are often
added to various repealing ordinances sot hat particular ordinance
provisions can remain legally valid. A typical example is the
insertion of a "saving clause" in a criminal ordinance so that
individuals who are presently charged under the former ordinance
can still be legally prosecuted. The failure to insert such a
clause in the new ordinance would probably result in the dismissal
of all pending criminal cases predating the passage of the new
ordinance.
By this rationale, the action already taken by the City Council to
repeal Ordinance 1978 would legally terminate any potential
interfund liability the original ordinance created.
Answer to Question 3: The city council's ~eqal authority to
terminate the potential interfund liability from the City's General
Fund tot he City's Capital Improvement Funds was already exercised
bv the City council in ~989 when it repealed Ordinance 1978.
Ouestion 4: If the City Council believes that its previous action
to repeal Ordinance ~978 was ambiguous because it did Dot
specifically address the termination of the Potential inter~uDd
liability from the City's General Fund to the City's Capital
~mprovement Funds, can it pass a subsequent ordinance to clarify
its leqislative intent?
Even though it .is my opinion that the general repeal of Ordinance
1978 would legally terminate any potential interfund liability, it
is obvious that this particular Council action has created some
ambiguity. Since the repealing ordinance itself contains no
elaborations or explanations, questions have arisen concerning the
council's intent. It is my understanding that these concerns have
been discussed informally for some time and have finally culminated
in the request for a formal legal opinion. If the Council believes
it necessary and appropriate, it certainly hast he power to pass a
subsequent ordinance clarifying its original intent and
specifically stating that any potential interfund liability is
terminated.
PAGE - 5 MEMORANDUM OPINION NO. 94-01
15D
Answer to Question 4: The City Council has the power to pass a
subsequent ordinance clarifying its previous repeal of Ordinance
1978 and specifically terminating any potential interfund liability
from the City's General Fund to the City's Capital Improvement
Funds.
cc:
Budget Committee
Chris Childs, City Administrator
Frank Tiwari, Public Works Director
Nevin Holly, Parks and Recreation Director
Mary Tennant, City Recorder
PAGE - 6 MEMORANDUM OPINION NO. 94-01
15E
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Council through City Administrator for Information
Public Works Program Manager/~~
Cooperative Pedestrian Circulation Study for Woodburn
School
February 7, 1994
High
Public Works staff has been concerned for some time about pedestrian access to
Woodburn High School. This concern has been shared by Woodburn School District
officials. Recent construction of the Stonehedge Apartments and the impending
completion of the first phase of the Nuevo Amanecer Apartments have increased the
number of students who will be walking to the high school.
At a recent meeting between the city, school district and state highway department
representatives the problem and various potential solutions were discussed. As a
result of this meeting it was decided to hire a consultant to conduct a study of the
pedestrian circulation in the vicinity of the high school. The public works department
and the school district agreed to equally share the costs for this study. As envisioned
the primary tasks; 1 ) Evaluate the current situation regarding pedestrian circulation to
Woodburn High School; 2) Recommend various alternatives to address pedestrian
flows; 3) Develop preliminary engineering costs to implement the alternatives. The
highway department will conduct a speed study along Hvvy 214 and will provide
information support to the consultant.
The City has requested proposals from consulting firms that have experience with this
type of study, These proposals will be evaluated by the city and school district and
a consultant will be selected, A contract is expected to be presented to the council
for its approval at the February 28, 1994 meeting,
15F
MEMO
TO:
FROM:
SUBJECT:
DATE:
Planning Commission/City Council/City Administrator
Robert Arzoian, Building Official
Evaluation of Building Permits Sold for the Calendar Year 1993
January 28, 1994
New Residence 27
Res. Add $Alts 128
Multi-Family 267
Industrial 10
Commercial 28
Mobile Homes 92
Parks 29
1991 1992
$2,183,675 24 · 92,771,929 '. 54
614,486 100 1,056,527 105
3,838,000 0 0 17
155,825 8 868,000 13
6,387,974 29 1,515,360 26
3,399,100 29 1,075,896 18
24,796 52 16,104 120
1993
$7,245,099
852.445
2,687 ~000
707 422
5,501.677
710.750
41 480
TOTAL:
552 913,149,656 190 97,287,712 293 $17,745,873