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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 TAPE READING 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 TAPE READING 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 TAPE READING 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. Page 3 - Council Meeting Minutes, January 24, 1994 3A COUNCIL MEETING MINUTES January 24, 1994 TAPE READING 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. Page 4 - Council Meeting Minutes, January 24, 1994 3A COUNCIL MEETING MINUTES January 24, 1994 TAPE READING 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. Page 5 - Council Meeting Minutes, January 24, 1994 3A COUNCIL MEETING MINUTES January 24, 1994 TAPE READING 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 Page 6 - Council Meeting Minutes, January 24, 1994 3A COUNCIL MEETING MINUTES January 24, 1994 TAPE READING 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 Page 7 - Council Meeting Minutes, January 24, 1994 TAPE READING 2061 2092 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 3A SPECIAL COUNCIL MEETING MINUTES February 1, 1994 TAPE READING 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 3A SPECIAL COUNCIL MEETING MINUTES February 1, 1994 TAPE BEADING 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 TAPE READING 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 3A TAPE READING 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 Page 2 - Council Workshop Meeting Minutes, February 4, 1994 3A TAPE READING 1817 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 PCM 1/27/94 SG:bw 3B 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 PCM 1/27/94 SG:bw 2 3B 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. PCM 1/27/94 SG:bw 3 3B 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. PCM 1/27/94 SG:bw 4 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. PCM 1/27/94 SG:bw 5 3B 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. PCM 1/27/94 SG:bw 6 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. PCM 1/27/94 SG:bw 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. lOB 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. lOB 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 ITl X '-I ITl 0 ITl m 0 Z 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