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Agenda - 03/28/1994CITY OF WOODBURN 270 MONTGOMERY STREET '** ° WOODBURN, OREGON AGENDA WOODBURN CITY COUNCIL MARCH 28, 1994 - 7:00 P.M e 9. 10. A. Council minutes of January 19, 1994 workshop, February 28, 1994 regular & executive session and March 14, 1994 regular and executive session. B. Planning Commission minutes of March 10, 1994. C. Park Board minutes February 17, 1994. APPOINTMENTS: A. RSVP Advisory Council Members (4) 4A ANNOUNCEMENTS: ' A. Transportation Task Force meeting: March 30, 1994, 7:00 p.m.- City Hall. B. Wastewater Advisory Committee meeting: April §, 1994, 7:00 p.m.- City Hall. 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.) Council Bill No. 1531 - Ordinance authorizing towing and impoundment of vehicles operated by uninsured motorists. 10A Page I - Woodburn City Council Agenda, March 28, 1994 Council Bill No. 1 §32 - Resolution entering into an agreement with State of Oregon for safety belt, motorcycle helmet and child safety restraint traffic enforcement training. Council Bill No. 1533 - Resolution entering into a personal services agreement for financial advisor relating to an aquatic center bond sale. Council Bill No. 1534 - Resolution initiating vacation proceedings for a portion of Country Club Road near Boones Ferry Rd. and within the Tukwila Subdivision. E. Acceptance of quit claim deed. Fe Request to partially close Broadway & B Streets and use sound ampli- fication equipment for PCUN building dedication on April, 28, 1994. G. Mileage reimbursement rate increase. H. Request for workshop with Woodburn School District on April 13, 1994. Request for workshop with Wastewater Advisory Committee on April 19, 1994. 13. 14. ...-.. 15. A. Status of emergency disaster plan update. B. League of Oregon Cities regional meetings. C. Hazardous waste collection event. 16. 17. D. Library Sunday hours. E. Building official responsibilities. F. March 22, 1994 Bond issue election results. To conduct deliberations with persons deisgnated by the governing body to negotiate real proprty transactions. ORS 192.660(1)(e). lOB 10C 10D 10E 10F 10G 10H 101 I§A 15B 15C 15D Page 2 - Woodburn City Council Agenda, March 28, 1994 COUNCIL WORKSHOP MEETING MINUTES January 19, 1994 3A DATE, COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JANUARY 19, 1994. CONVENED. The Council met in a workshop session at 7:00 p.m. with the Wastewater Advisory Committee for the purpose of discussing wastewater facility planning. ROLL CALL. Mayor Kelley Present Councilor Figley Present Councilor Galvin Absent Councilor Hagenauer Present Councilor Jennings Absent Councilor Mitchell Present Councilor Sifuentez Present Staff Present: City Administrator Childs, Public Works Director Tiwari, Comm~Jnity Development Director Goeckritz, Asst. City Engineer Morrison, Public Works Manager Rohman, C.E. Technician II Barrick, Public Works Secretary Gerstner Since the workshop was a joint meeting, the minutes prepared by the public works staff for the Wastewater Advisory Committee are made a part of these Council workshop minutes. No action was taken by the Council during the workshop. The workshop adjourned at 9:45 p.m.. APPROVED LEN KELLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page I - Council Workshop Meeting Minutes, January 19, 1994 Advisory Committee Members Present: Members Absent: Staff: WASTEWATER ADVISORY COMMITTEE WORKSHOP WITH WOODBURN CITY COUNCIL MINUTES OF JANUARY 19, 1994 Woodburn City Council Chambers Bill Mitchell Forrest Mills Gil Flaugher Jo Ann Bjelland G. S. (Frank) Tiwari Frank Sinclair Wes Bauer Marv Shelby Rich Barstad Preston Tack Scott Burlingham Council Members Present: Dean Morrison Randy Rohman Duane Barrick Steve Goeckritz Chris Childs Kathryn Figley Don Hagenauer Elida Sifuentez (Bill Mitchell) Mayor Kelley 3A The City Council and Wastewater Advisory Committee workshop started at 7:05 pm with Councilor Mitchell presiding. Frank Tiwari started with a rhetorical question as to what it takes to have a wastewater treatment facility operational, discharging to the river. First, there is a collection system, which has residential, commercial, industrial, nonpoint and seepage or storm water going into the system. Secondly, because of new regulations, we are now required to do something extra to protect the environment and must aggressively plan for that now. At this point we are discharging into the Pudding River, however, for our planning purposes the Willamette River may be considered also. Population predictions must be made also. Planning Director Steve Goeckritz pointed out that in April of 1990 we received our U.S. Federal Census Count showing a population of 13,404. In 1992 we received the next figure from P.S.U. Population and Research Center providing a population figure of 14,005. In November, 1993 they provided us a figure of 14,055, which doesn't equate with the type of growth we've seen in the last year. Also, data has been collected by both Public Works end Community Development that indicated a population of 15,645. Our best "guesstimate" as to migrant population is 1,662. Endeavoring to project where these figures will go, Portland State's projection for Woodburn is about 24,000 by the year 2,020. City staff is projecting 36,235 in approximately the same time frame based on 2.84% growth rate. Between 1970 and 1975, Woodburn had a growth rate of 4.2%. While we don't expect to see that rate of growth again, if that was to happen, by 2,020 the population would be over 41,000. We are comfortable with the 2.84% growth rate. Portland State University feels that Oregon, as a state, will realize a growth rate of 1.9-2.0% in the next 5-10 year period. That is lower than the rate projected for Woodburn, however, some areas will grow more rapidly than Page I - WV~ADVCOM\MIN1-19 3A others. Wilsonville has realized an 8-10% growth rate in the last five years. They don't anticipate that same growth rate in the future because they have now utilized most of the multi-family residential land. So now they are moving into single-family residential development, having a much slower increase anticipated at 4-5%. Salem doesn't really have projection figures available. Steve talked with Dan Redan of Metro regarding the impact on Woodburn of metro growth. He is faxing that information January 20, 1994 so we have a base to work from which will make our population projection decision much easier. Frank Tiwari itemized factors that will influence the treatment plant facility: regulations, residential population, both permanent and temporary, commercial and industrial growth. Infiltration and inflow must be considered also, which is greatly affected by the age and condition of the system. Most plants run out of capacity earlier than projected. The point is this: The city must determine what kind of growth is anticipated or desired and then we must plan accordingly so as to be prepared. Bill Mitchell referred to Wilsonville not anticipating all of their multi-family area being built at one time. Approximately 24% of our units are multi-family and Woodburn is actually in a deficit in regard to our ratio between multi-family and single-family lands available for development. At some point that may change and could immediately have an impact, yet it would level out and not be ongoing. Steve Goeckritz said that we don't expect the same situation as Wilsonville. Their land is so high priced there, they have had to build multi-family because it was the most economical. However, our population projection of 36,000 would certainly fill in our urban growth boundary. Daria Wightman and Gordon Merseth both added that no major change in..technology is expected. Marv Shelby, of Agri-pac, said that their growth is expected to be much the same as the last ten years and that they will continue to do their own treatment. Mayor Kelley commented that he is in favor of a regional approach with Woodburn as the focal point and planning for the high side of population growth. Gil Flaugher reminded the group that all the projections made by cities thus far have been on the Iow side of what actually happened and he feels projections made for Woodburn are probably too Iow also. Frank Tiwari explained that a treatment plant must be designed for a certain capacity or parameters, and for cost effective operation it should be neither too large nor too small. Wes Bauer asked whether Woodburn has had the benefit of an economic development council to help increase the population through an industrial search. Also, since there is a time line constraint, is there any possibility of parallel planning to take into consideration the regional aspects that we've been hearing about tonight? Frank Tiwari pointed out that Gordon Merseth is looking at the regional services area, but he knew of no economic development council to increase population. Gil Flaugher suggested the Advisory Committee needs some direction from the City Council as to what direction they want to go. Rich Barstad asked whether the council anticipates that it will discourage growth in any way and, if not, we have to go on the basis of what we think the community will attract. Wes Bauer stated that the City of Springfield worked for 10 years to get Sony into their city which will result in a work base increase of 300 people. Are we working in a similar situation? Jane Kanz, of the Chamber of Commerce, said that there is a methodology involved where you decide which companies that we have in town and which type of services we are missing. The Page 2 - WW~DVCOM\MIN 1-19 3A Chamber has not gone through an official process of doing that, but has a committee made up of business people in Woodburn working on similar things. Jo Ann Bjelland commented that we still need to know what the council thinks and, as has been mentioned before, we have a safe 10% margin of error. Rich Barstad brought up the Willamette River discharge option and since we would have to lay pipe anyway, using oversize or larger pipe would accommodate increases later on. Frank Tiwari agreed that whether we opt to discharge to the Willamette can make a real difference on this decision. Rich stated that this plant will be built not only for 20 years, but will have provisions for growth beyond that point. In response to a question from the City Administrator, Rich Barstad stated that historically Silverton's growth has been below Woodburn's rate of growth and Silverton is using 2.5 percent growth projection for its facilities planning. Industrial flow, for design purposes, is in the 25% range and would include pollutants. We are going to be looking at how to accommodate this flow and what the costs are. If we use historical flows for our figures, we can adjust for that. Joe Kimmel and Brian Conroy didn't foresee any increase in the cannery industry in the future. There was a lengthy discussion on the merits of 4.2%, 3.4% and 2.84% rate of growth estimates for the city. At this point, the members of the council and members of the advisory committee agreed that a population growth of 3.4% and industrial growth between 1/2 and 1.0 percent annually be used for planning purposes. Chairman MitChell acknowledged the presence and support of Barbara Luoas who has agreed to be this committee's public relations person and thanked her for all her work. I~ill Mitchell/Rich Barstad motioned and seconded the appointment of Barbara Lucas as public relations person for the Woodburn Wastewater Advisory Committee. The motion passed unanimously. There will be no February meeting as Frank Tiwari will be out of town and the next meeting is scheduled for the third Tuesday in March. Wes Bauer/ Bill Mitchell motioned/seconded approval of the minutes of December 20, 1993. Motion passed unanimously. Meeting adjourned at 9:45 pm. Page 3 - WW~ADVCOM\MIN1-19 3A COUNCIL MEETING MINUTES February 28, 1994 TAPE READING 000~ DATE, COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARIONv STATE OF OREGONv FEBRUARY 28~ 1994. CONVENED, The Council met in regular session at 7:00 p.m. with Mayor Kelley presiding. 0010 CALL. Mayor Kelley Present Councilor Figley Present Councilor Galvin Present Councilor Hagenauer Absent Councilor Jennings Present Councilor Mitchell Present Councilor Sifuentez Present OO22 Staff Present: city Administrator Childs, City Attorney Shields, Community Development Director Goeckritz, Police Chief Wright, 9-1-1 Director Wolf, Finance Director Gritta, Public Works Manager Rohman, City Recorder Tennant MINUTES. : JENNINGS/FIGLEY .... Council minutes of February 14, 1994 be approved as written. The motion passed unanimously. 0032 ANNOUNCEMENTB. A Woodburn Downtown Association (WDA) townhall meeting will be held on March 9, 1994, 7:00 p.m., in the City Hall Council Chambers for the purpose of receiving citizen input on potential amendments to the Downtown Historic District zoning regulations. Mayor Kelley reminded the public that the St. Patrick's Day Parade is scheduled for Saturday, March 19th, and he encouraged local citizens and groups to participate in this first annual event. 0065 Barbara Lucas, 214 E. Clackamas C1., expressed concern over conflicting information in the local newspapers (Woodburn Independent and Statesman Journal) as to the estimated rate per $1,000 assessed value to property owners if the swimming pool bond issue is approved by voters. She stated that one report indicated that the estimated cost was $.35 per $1,000 while another article indicated $28.79 per $1,000. She suggested that the Council clarify what the costs may be since there has not been much discussion on this issue and the voters should be aware of the correct prOjected cost before they cast their votes. Councilor Figley stated that if the full bond issue of $1,765,000 is levied, then the estimated property tax rate per $1,000 assessed value is $.35 based on a 15-year bond issue. Page i - Council Meeting MinuteS, February 28, 1994 3A TAPE READING 0~77 0400 0467 COUNCIL MEETIN~ HINUTES February 28, 1994 Based on information obtained during the last federal population census, the average assessed value is $80,000, therefore the annual property tax payment would be around $28.00. pUBLIC HEARING - 1994 OLCC LICENSE RENEWAL: NEW CLUB CAFE (also k~OWn as Don Juan's Mexican Restaurant). Mayor Kelley declared the public hearing open at 7:09 p.m.. Police Chief Wright reviewed the staff report which outlined the types of activities which have taken place at the restaurant which is located at 553 N. Front Street. He recommended that the Council submit a negative endorsement to OLCC for the 1994 renewal based on (1) the activities occurring at the location, (2) guilty pleas in Federal Court on illegal drug activities by Juan Ruiz and Floyd Ruiz (son and employee), and (3) Aurora Ruiz was at the licensed premise when many of the illegal drug transactions were taking place. No one in the audience spoke either for or against the license renewal. The public hearing was declared closed at 7:15 p.m.. FIGLEY/JENNINGS .... recommend denial of the liquor license to OLCC. Staff requested that the motion be clarified to include the location of the establishment. The moti6n an~ second were withdrawn. FIGLEY/JENNINGS .... recommend against the 1994 OLCC license renewal for the business located at 553 N. Front Street operated by Juan & Aurora Ruiz. The motion passed unanimously. JENNINGS/FIGLEY .... remove Council Bill 1506 from the table. The motion passed unanimously. Nora Fives, representingthe property owner, stated that the County will not issue a permit until the building is brought up to code requirements in all areas. Therefore, she is researching the possibility of including it on the National Historic register in order to waive certain code requirements and rehabilitate the building. After a brief discussion on the issue, JENNINGS/FIGLEY... retable the bill until the first meeting in March. The motion passed unanimously. COUNCIL BILL-1525 - ORDINANCE REGULATING BASIC SERVICE TIER ~ATES AND ~DaTED EOUIPN~NT, INSTALLATION AND SERVICE CHARGES OF ~NY CabLE TELEVISION SYSTEM OPERATING IN THE CITY. Council Bill 1525 was introduced by Councilor Sifuentez. 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 1525 duly passed with the emergency clause. Page 2 - Council Meeting Minutes, February 28, 1994 3A COUNCIL MEETING MINUTES February 28, 1994 TAPE READING 0531 COUNCIL BIL~ 1526 - RESOLUTION ENTERING INTO AGREEMENT FOR ENGINEERING S~uVICES WITH DKB ASSOCIATES TO EVALUATE ~EDESTRIAN CIRCU~a~IONN~_~WOODBURN ~GH SCHOOL. Council Bill 1526 was introduced by Sifuentez. The bill was read by title only since there were no objections from the Council. Councilor Mitchell questioned the need for hiring an engineering service to perform the study. Public Works Manager Rohman stated that the City and School District have been concerned for some time with the pedestrian movement to reach the high school and the large number of students crossing Highway 214. Discussions between the State Highway Department, Woodburn School District, and the City have resulted in a proposed study to evaluate pedestrian movement and recommend a solution to the problem. Consulting fees are estimated at $6,150 and would be shared equally by the City and School District. Discussion was held regarding the need for a consulting service when alternatives could be reviewed by staff with a recommendation presented to the Council and School District. Some Councilors did not viewthis project as being of such technical nature that outside consultants were necessary and funds not expended for this service could be 'used' towards whatever project is agreed upon to make the pedestrian area safer for the students. Administrator Childs stated that a prior City Transportation Capital Project list did include a pedestrian overpass for that area. He also stated that the cheapest solution may not be the best and obtaining the services of a consultant who has worked with other schools on this type of issue will help the City to identify the problem and come up with a solution for future planning purposes. On roll call vote for final passage, the bill failed 1-4 with Councilors Mitchell, Figley, Jennings, and Galvin voting nay. 0898 BID ~W~RD - HYDRAULIC SHORING SHIELD (STREET SHOP). Bids for a set of hydraulic shoring shield and temporary end shields were received from the following companies: The Plank Company, $6,606.56; Road Machinery Inc., $7,719.25; and Senter Tool Service, $8,556.00. JENNINGS/FIGLEY .... accept the low bid from The Plank Company in the amount of $6,606.56 for hydraulic shoring shields. The motion massed unanimously. 0920 LIOUOR LICENSE aPPLICaTION - EL NOP~L RESTaURP-NT. SS3 N. FIRST STREET. Police Chief Wright reviewed his staff report which recommended the endorsement of a restaurant license to the applicant, Dora Rivas, with the conditions as stated in the Letter of Intent from the applicant. A letter from the Downtown Association was also included in the report stating that they would not object to the issuance of the liquor Page 3 - Council Meeting Minutes, February 28, 1994 3A COUNCIL MEETING MINUTES February 28, 1994 TAPE READING 0957 license provided that the conditions were made a part of the license. JENNINGS/FIGLEY .... approve the endorsement of the restaurant liquor license application for E1 Nopal Restaurant with the conditions agreed to by the owner, Dora Rivas. The motion passed unanimously. "NO p~RKING" REQUEST ON N. ~AYES STREET NEAR SETTLEMIER AVENUE. To relieve traffic congestion at this particular intersection, staff recommended that parking be restricted on both sides of the north portion of the triangle area (approximately 100 feet) to the west. FIGLEY/SIFUENTEZ .... approve the request to install "No Parking" signs on both sides of the north leg of West Hayes Street triangle from Settlemier to approximately 100 feet to the west. The motion passed unanimously. 0991 ~027 REQUEST FOR USE OF SOUND AMPLIFICATION EOUIPMENT. A letter was received from the Swimming Pool PolitiCal Action Committee requesting permission to utilize a sound amplification device to promote passage of th~ upcoming swimming pool bond measure. ~ SIFUENTEZ/FIGLEY .... grant the request from the Swimming Pool Political Action Committee to use a sound amplification device on March 12, 1994 and restrict the hours of usage from 8:00 am to 5:00 p.m.. The motion passed unanimously. CtaRIF~CATION OF INSUBaWCE COVERAGE FOR THE ST. PATRICK'S DAY PARADE. Administrator Childs stated that the City had received a letter from our Insurance Agent of Record requesting clarification of the extension of coverage. At a prior special Council meeting, the Council had granted an extension of the coverage, however, they did not wish to be a sponsor of the event. Councilor Jennings stated that he had discussed this issue with Dan Glennon, Parade Chairman, who agreed that the Parade Committee should not be an "agent" of the City and coverage for that purpose should not be extended to the Committee. It was noted that coverage would still be extended for the event just like any other parade that is held within the City. Mayor Kelley'read a statement to the Council urging them to extend the coverage to the Committee. He stated that it would cost approximately $750 to obtain insurance and he felt that the City should extend the coverage in order to keep the costs of this community event at a minimal level. The City has the necessary insurance and extending the coverage to the Committee would not be an additional insurance cost. He also stated that Drums of Fire was granted an extension of the city's coverage the first year it was held which set a precedent for future community events. Since the event would Page 4 - Council Meeting Minutes, February 28, 1994 3A COUNCIL MEETING MINUTES February 28, 1994 TAPE READING 1598 be controlled by the police and public works, he felt that this event would be no different than other civic group using city streets. Councilor Jennings stated that the Drums of Fire, Inc., has purchased their own insurance for at least two years because they did not feel that the City should be held completely responsible for activities sponsored by their organization. Attorney Shields briefly discussed liability insurance and legal situations that could name the City as a party in a lawsuit that was separate from the parade but part of an event in conjunction with the parade. JENNINGS/FIGLEY... based on the words of the Parade Committee Chairman, deny agency status and the City not extend insurance coverage to cover the Committee. Mayor Kelley expressed his opinion that citizens should be able to utilize the City's liability insurance for community events. Attorney shields stated that clarification of the Council's intent on extending coverage was necessary so that volunteers organizing the parade are ~ware of potential liabil%ties. On roll call vote, the motion passed 4-1 with Councilor Sifuentez voting nay. ' ~ ST~FF REPORTS~ . 1) Statewide Transit Improvement Plan meeting, March 9, 1994 - Councilor Jennings encouraged attendance, of staff, _ Mayor and Counc%l, Business o.wn~rs, and inter?stea ~__m~ cz the public ~o discus? the nee~ zor improvemen=s on highway 214. At this point in time, ~oodburn %s n~t included on ODOT's 4-year lan and extensive lobbying.is necessary ~? gain - P · e ODOT's attention to the traffic problems ~n Woodburn. Tn format has been changed and individuals can personally speak with a Commissioner or ODOT ~fficial. The State officials - will be at the meeting site ~n Stayton between 4:00 p.m. an? 8:00 p.m. to conduct an informal ,,open-h~use? sty%e of hearing and yet have another process at the hearing ~n which formal testimony can be received by ODOT. Public Works Manager Rohman reiterated that lobbying by the business community and interested citizens does have an impact on how soon projects are funded by ODOT. He stated that arrangements can be made to transport a limited number of interested individuals to the meeting. 2) Draft.Towing Ordinance.- Councilor Figley expressed her appreciation to the staff in providing a progress report on this issue. 3) Deferred Police Response (DPR) Staff Report/Evaluation. 4) 9asketball Hoops in Public Right-of-Way -- Staff will continue research on this issue and a report brought back to the Council at a later date. Discussion was held on the need to have an enforcement tool in which to require the removal of the basketball hoops from within the public right-of-way. In Page 5 - Council Meeting Minutes, February 28, 1994 3A COUNCIL MEETING MINUTES February 28, 1994 TAPE READING regards to traffic laws, Chief Wright stated that it is illegal for individuals to block traffic (Class A Misdemeanor). Mayor Kelley suggested that in neighborhoods where basketball hoops are a problem, the neighbors discuss the situation and find a solution to the problem. Councilor Jennings stated that the individual who had requested Council assistance with this situation had already tried to get the property owner to remove the basketball hoop from within the public right-of-way. 5) ServiCenter report -- under new ownership and a new agreement may be submitted to the Council for their consideration. In addition, plans are being made to also set up a collection box at Lind's Plaza Market for utility payments. 6) Filing Period for Mayor and Council positions - March 4, 1994 through August 30, 1994. 7) Proposed Constitutional Amendment/Tax Limitation -- Summary report on proposed state-wide measure. 2468 Councilor sifuentez commended the Mayor on his efforts to organize the St. Patrick's Day Parade and encouraged Councilor's to take part in the event. ' ~ Councilor Mitchell stated that, based on inf6rma~ion submitted to him by Preston Tack, he suggested that more effort be made to let citizens know what is happening within city government for the purpose of encouraging public participation.. . 2547 Mayor Kelley stated that he strongly beleives that citizen involvement is necessary within the community and he will continue to strive for Woodburn as the City of Unity rather than letting it deteriorate. ~644 2647 ~xEcu?IVE SESSION. JENNINGS/FIGLEY .... adjourn to executive session to conduct deliberations with persons designated by the governing body to negotiate real property transactions under the authority of ORS 192.660(1)(e). The motion passed unanimously. The Council adjourned to executive session at 8:20 p.m. and reconvened at 8:56 p.m.. Mayor Kelley stated that no decision would be made by the Council following the executive session. 2679 ATTEST ADJOURNMENT. FIGLEY/SIFUENTEZ .... adjourn the meeting. The motion passed unanimously. The meeting adjourned at 8:57 p.m.. APPROVED. LEN KELLEY, MAYOR Mary Tennant, Recorder city of Woodburn, Oregon Page 6 - Council Meeting Minutes, February 28, 1994 Executive Session COUNCIL MEETING MINUTES February 28, 1994 3A DATE, CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, FEBRUARY 28, 1994. CONVENED. The Council met in executive session at 8:25 p.m. with Mayor Kelley presiding. The session was held under the authority of ORS 192.660 (1)(e). 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, City Recorder Tennant, Public Works Manager Rohman, Community Development Director 0GoedJ(ritz The purpose of the executive session was to conduct deliberations with persons designated by the governing body to negotiate real property transactions. The staff updated the Council on the real property negotiations relating to the Country Club Road/Oregon Way realignment. ADJOURNMENT. The executive session adjourned at 8:55 p.m.. ATTEST. Mary Tennant, Recorder City of Woodburn, Oregon APPROVED LEN KELLEY, MAYOR Page I - Executive Session, Council Meeting Minutes, February 28, 1994 TAPE READING 0001 0022 0028 0054 0068 0111 COUNCIL MEETING MINUTES March 14, 1994 DATE. COUNCIL C~AMBERSv CITY HALLv CITY OF WOODBURN~ COUNTY OF MARION~ STATE OF OREGON~ MARCH 14~ 1994. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kelley presiding. 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, Police Chief Wright, Public Works Manager Rohman, Park Director Holly, Library Director Sprauer, City Recorder Tennant ' :' Him'uTEs. JENNINGS/FIGLEY .... accept the Planning Commission minutes of February 24, 1994. The motion passed unanimously. ANNOUNCEMENTS. The Wastewater Advisory Committee will meet on Tuesday, March 15, 1994, 7:00 p.m., in the City Hall Council Chambers. c-~-~mlm oF eOI~iERCB RBPORT. Doug Templeton, representing the Chamber Board, invited the Council to the following events: 1) Greeters Project - local business representatives will be meeting at the Chamber office on Friday, March 18th, 7:30 am, to tour the Chamber office and meet new members of the business community; 2) Casino Night - April 22, 1994; and 3) Chamber Forum - March 18, 1994. Guest speaker will be Fire Chief Kevin Hendricks. Blanche Thomas, 2136 Rainier Rd., stated that she resided just east of the gas station building owned by Baker & Brown which has become an eyesore in their neighborhood due to the buildup of garbage at the back of the building. Additionally, she requested Council assistance in barricading the driveway into the old station area so motorists do not use the paved area between Highway 214 and Rainier Road. Increased traffic on this private parking lot area is making it increasingly difficult for them to safely back out of their garage. Page i - Council Meeting Minutes, March 14, 1994 TAPE READING 0238 0302 COUNCIL MEETING MINUTES March 14, 1994 3A Councilor Figley stated that she has seen motorists use the paved area as a public access even though it is on private property and agreed with Mrs. Thomas that something should be done to stop the traffic flow through the area. Administrator Childs stated that staff would investigate the situation and look at available options to alleviate the problem on a short term basis. Eric Senner, 234 S. Settlemier, stated that he has a black walnut tree on his property that is located near the sidewalk area. The tree is leaning over towards the street and he feels that it should be removed as soon as possible. In discussing the tree removal with Public Works staff, it was suggested that he bring the matter before the Council to get their approval since the tree is located along Settlemier Avenue and tree preservation has been a political concern in the past. Councilor Jennings stated that he had viewed the location and condition of the tree and agreed that it needed to be removed to eliminate a potential traffic hazard. It was the consensus of the Council to allow the tree to be removed since it is on private property. : JENNINGS/FIGLEY .... Council Bill 1506 be removed from the table. The motion passed unanimously. COUNCIL BILL 1506 - RESOLUTION FINDING THAT BUILDING LOCATED ~T 199 N. FRONT ST IS A DANGEROUS BUILDING, DECLARING IT TO BE ~ PUBLIC NUISANCE, AND ORDERING OWNER TO MAKE IT S~FE (OLD B&NKBUILDING}, Recorder Tennant read Council Bill 1506 by title only since there were no objections from the Council. Nora Fives, representing the owner, stated that she did not know the what the status was of the permit process since she had forwarded letters from the structural engineer and Historic Society as requested by the City and County building departments. She expressed concern in not getting permits as of this date since the building continues to experience some deterioration from the weather. Community Development Director Goeckritz stated that the County involvement is to review plans for fire, life, and safety factors. They also become involved when a building is two or more Stories in height. He briefly reviewed the staff memo which outlined options available to the owner of which they have decided to seek historic designation from state and federal agencies in order to obtain possible code exemptions to preserve the historic nature of the building. The State's Historic Preservation office did send a letter to Ms. Fives advising her that the building would be considered eligible for listing in the National Register, however, she needs to complete an application packet which is submitted to the State Board for final approval. Even if the application packet is Page 2 - Council Meeting Minutes, March 14, 1994 TAPE READING 0730 COUNCIL MEETING MINUTES March 14, 1994 3A completely right away, it will not be reviewed by the Board until October 1994. The staff recognizes the preservation aspect and will continue to meet and work with the property owner and County officials towards issuance of the building permit. Councilor Jennings suggested that a December 31, 1994 date be placed in the resolution for the repair or abatement of the building and an extension could be granted by the Council after that period of time if it is necessary. Director Goeckritz stated that a definite date within the resolution would assure some action by the property owner. JENNINGS/SIFUENTEZ .... Section 6 of Council Bill 1506 be amended'to read December 31, 1994 at 5:00 p.m.. The motion passed unanimously. On roll call vote, the bill passed unanimously as amended. Mayor Kelley declared Council Bill 1506 duly passed. JENNINGS/FIGLEY .... Council Bill 1510 be removed from the table. The motion passed unanimously. COUNCIL BXLL 1510 - RESOLUTION FINDING THaT THE BUILDING LOCATED AT 347 N9 FRONT STREET IS A D~NGEROUS BUILDING. DECLARING ~T TO BE A PUBLIc NUISANCE. AND ORDERIN~ ITS OWNER TO MAKE IT S~FE. Recorder Tennant read the bill by title only since there were no objections from the Council. JENNINGS/FIGLEY .... Section 6 be amended to read December 31, 1994 at 5:00 p.m.. Councilor Mitchell expressed concern about the deterioration of the building due to the exposure of the rooftop to adverse weather conditions since the plastic sheeting no longer covers the entire area. Councilor Jennings felt that Salud should be given the same time period in which to repair or abate the building. He also stated that he did not appreciate the statements made by Executive Director Nunez who publicly stated that, in his opinion, the Council was being dictatorial and non- cooperative. Councilor Jennings stated that he felt the City was being fair to Salud since they have had about i year to take some action towards rehabilitating the building and, following the quake, the City immediately took action to help them obtain a location for them to open another office area. Director Goeckritz stated that Mr. Nunez was unable to attend this meeting since he had another meeting to attend. Councilor Sifuentez suggested that Mr. Nunez attend the next Council meeting so that the Council can advise him on how pressing this issue is and the need to get some action by the federal government. Further discussion was held on using common dates for both building owners. The motion to amend Section 6 of the bill passed unanimously. Page 3 - Council Meeting Minutes, March 14, 1994 TAPE READING ~018 1215 1254 1275 COUNCIL MEETING MINUTES March 14, 1994 On roll call vote, Council Bill 1510 passed unanimously. Mayor Kelley declared the bill duly passed. COUNCIL BI~D ~527 - ORDIITANCE PROPOSING LEVy OF T~X OUTBIDE T~ ~ ~ASE IN THE ]%MOUNT OF $1,577,413 ~ND C~LLING FOR ~ 8p~cI~ ELECTION ON ~Y 17, 1994. Council Bill 1527 was introduced by Councilor Je~ings. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Co~cil. A~inistrator Childs stated that ~ere were two corrections to the agenda materials. The first correction was in ~e ballot meas~e, 2nd paragraph, the rate per $1,000 should read $10.00. The second co~ection is in ~e voter's pamphlet e~lanato~ statement, last paragraph, ~e last two sentences were re-worded into one to clarify the rate per $1,000. J~INGS/FIGLEY... approve the recommended changes to the ballot title and the e~lanatory statement. The motion passed unanimously. On roll call vote, Council Bill 1527 passed unanimously. Mayor Kelley declared the bill duly passed with the emergency clause. . ~ ~O~CIL BILL 1528 - REBOL~0N ~ING I~O ~ I~~~~ a~a~~ wI~ oRz~oN STATE POLICE FOR ~QUIPN~ ~ ~ F~5 FOR DUII ~ORC~E~. Council Bill 1528 was intr~uced by Jennings. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1528 passed unanimously. Mayor Kelley declared the bill duly passed. COUNCIL Br~ 1529 - RESOLUTION ENTERIN0 INT0 %~IB NORTH NARION COUNTy MW _.~NFORCE~_~NT AGREEMENT REGARDING POLICE MUTUAL AID. Council Bill 1529 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 Council Bill 1529 duly passed. COUNCIL BILL 1530 - RESOLUTION ENTERING INTO INTERGOVERNMENTAL AGRE~_NT ~12/399 WITH OREGON STATE DEPARTMENT OF TRANSPORTATION FOR REI_M~URSEMENT OF COSTS ASSOCIATED WITH HIGH~TAY 214/I-5 INTERCHANGE AREA FOR ADDITIOITAL TI~tFFIC A1TALYSIS SERVICES. Councilor Hagenauer introduced Council Bill 1530. 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 1530 duly passed. Page 4 - Council Meeting Minutes, March 14, 1994 TAPE READING 1314 1404 COUNCIL MEETING MINUTES March 14, 1994 3A BID AWARD - C~BLE ~CCESS TELEVISION EOUIPMENT. Bids were received from the following vendors for the purchase of equipment as provided for within the Northland Cable TV franchise agreement: Mega Hertz, $54,476.00; Technical Industries Inc. of Georgia, $54,026.00; Professional Video & Tape, Inc., $49,518.00; and Proline Industries, Inc., $49,171.75. Bids were reviewed by the Woodburn Cable Access Television Board of Directors and it was recommended that the low bid from Proline Industries, Inc. be accepted by the Council. JENNINGS/SIFUENTEZ .... accept the low bid from Proline Industries, Inc., in the amount of $49,171.75 for Cable TV access equipment. The motion passed unanimously. REQUEST FOR LIABILITY RELEASE ~ND EXTENSION OF INSURANCE COVERAGE TO THE U.S. MARINE CORPS RE~ CENTEB~iAL PARK. The U.S. Marine Corps have agreed to assist the City in site preparation of Centennial Park, however,'certain requirements must be met prior to the Marine Corps performing any community service project work. In regards to insurance, the Marine Corps requires a joint liability release agreement and an extension of the city's insurance coverage for any work they perform on the project. JENNINGS/FIGLEY .... extend the insurance coverage, which includes agent status, to U.S. Marine Corps Reserve Unit of Salem for work done at Centennial Park and authorize signing of the joint liability release form. The motion passed unanimously. WOODBURN ~0PUL~TION ESTT~qTES - CENSUS OPTIONS. Community Development Director Goeckritz expressed his opinion that the current population estimate for Woodburn (14,055) is to low based on housing counts and field surveys. In order to more accurately determine Woodburn's population and have it certified, the City would need to contract with Portland State University Center for Population Research and Census to perform one of the following options: 1) conduct a house to house population census for the City - approximate cost of $30,000; 2) conduct a population survey for the City (random count) - approximate cost of $10,000-$20,000; or 3) estimate~the population of Woodburn based on number of housing units (physical count of housing units). It was noted that there is no requirement that the City obtain another census count before the next decennial census, however, per capita revenues from the State are determined by the certified population from the PSU Center for Population Research and Census. Staff recommended that the City contract for a population census which w?uld.provide for the highest level of accuracy. If the population is increased as projected, the amount of per Page 5 - Council Meeting Minutes, March 14, 1994 TAPE READING 1901 1945 1991 2083 2147 COUNCIL MEETING MINUTES March 14, 1994 capita revenues distributed annually to the city will pay for the cost of the census. It is also proposed that funding for the census be paid for through the General Operating Reserve Fund with a maximum expenditure of $30,000. Discussion was held on the proposal and the role of the PSU Center versus the U.S. Census Bureau in the initial 1990 census. Director Goeckritz also stated that having an accurate census is necessary in establishing a population baseline for long-term capital projects. JENNINGS/FIGLEY .... contract with the PSU Center for Population & Research to perform a population census as outlined in Option i of the staff's memo. On roll call vote, the motion passed 5-0-1 with Councilor Mitchell abstaining. CLAIMS FOR THE MONTH OF FEBRUARY 1994. SIFUENTEZ/GALVIN .... approve claims ~21768 - 22041 for the month of February 1994. The motion passed unanimously. Administrator Childs requested Council authorization to expend General Operating Reserve funds for the population census. JENNINGS/FIGLEY... population count be paid from the General Operating Reserve Fund (aka Marion County Sirlkin~Fund). The motion passed unanimously. Mr. Greene, 336 Acacia, stated that a basketball hoop is located on the north end of the Street near the curb and within 50 feet another basketball hoop has recently been installed. He suggested that the Council do something to remove them from the public right-of-way so that a child is not injured while playing basketball in the street. Preston Tack, 2138 Camilla Way, requested that the Mayor and Council reports be discussed prior to adjourning into executive session. JENNINGS/FIGLEY .... handle Mayor and Council reports before the executive session. The motion passed unanimously. 8T~FF REPORTS. 1) Meraldia Meadows - Subdivision $94-01: Councilor Jennings questioned the 30 foot street width of a short section of roadway within Phase II of the project. Director Goeukritz stated that the very southerly cross street is shown as a 30 foot width, however, when the development expands to the south, the street will be widened to 34 feet which is current city street width standards. At this time, the cross street will serve only two parcels of land and provide a roadway loop through the development. The developer will also dedicate to the City a 10 foot easement adjacent to the 50 foot right-of-way. Discussion was held regarding the increase of vehicular traffic on Ogle Street which is an unpaved street. Staff Page 6 - Council Meeting Minutes, March 14, 1994 TAPE READING 2498 2574 COUNCIL MEETING MINUTES March 14, 1994 3A advised the Council that the developer will be making improvements to Brown Street and Parr Road, however, it is anticipated that most vehicles will not use Ogle Street since it is an unpaved roadway. 2) 9-1-1 Agency Liability Issue -- In regards to the shared liability issue amongst the participating entities, Administrator Child's memo informs the Council that Richard Egan, Program Administrator for CIS (City's liability insurance carrier), suggested three options, one of which was not to include insurance language within the 9-1-1 agreements. By not including the language, the liability issue would lie with whomever it belongs rather than involving all agencies. Councilor Jennings expressed his opinion that the suggestion from Mr. Egan not to include insurance as an item within the agreement is an acceptable answer. 3) Building Activity Report for February 1994 4) State Transportation Improvement Plan Meeting report 5) Draft copy of Towing Ordinance. Councilor.Galvin reminded the public of the St. Patrick's Day parade on Saturday, March 19th. ' ~ Councilor sifuentez questioned the status on the staff research regarding basketball hoops. Police Chief Wright stated that the Police Department is responding to calls, however, Public Works, Planning, and Administration need to address the issue. Councilor Sifuentez suggested alternative sites such as parking lots be identified for allowing basketball hoops. Administrator Childs stated that staff is looking at options in the enforcement area along with the recreational aspect which needs to be addressed by the City. It is unlawful to have a basketball hoop within public right-of-way, however, enforcement is another issue that needs further reviewed by the staff. Staff will be bringing a report back to the Council on this issue. Councilor Jennings stated that the drainage problem in the alley between Grant and Hayes Street continues to create a hazardous health problem. It has been a problem for many years and he'-will continue to work toward solving this situation. Councilor Figley stated that she would be advocating a plan towards the elimination of all unpaved city streets within the next ten years. Public Works Director Tiwari stated that the City has 3 miles of unpaved streets at an estimated cost of $3 million to complete the project. He will be bringing a long-range plan to the Council within the next two months. Page 7 - Council Meeting Minutes, March 14, 1994 TAPE READING 3022 3059 COUNCIL MEETING MINUTES March 14, 1994 3A Councilor Mitchell stated that staff should listen to the concerns of the people and take action more rapidly in response to those concerns. Mayor Kelley stated that the St. Patrick's Day parade will be held on Saturday, March 19th, with participants assembling at the Bi-Mart parking lot and the parade to begin at 11:00 a.m.. EXECUTIVE SESSION. JENNINGS/MITCHELL .... adjourn to executive session under the authority of ORS 192.660 (1)(e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions. The motion passed unanimously. The Council adjourned to executive session at 8:26 p.m. and reconvened the meeting at 9:26 p.m.. Following the executive session, Mayor Kelley stated that the Council would not be taking any action on the issue discussed. JENNINGS/SIFUENTEZ... adjourn the Council me~ting. The motion passed unanimously. The meeting adjourned at 9:27 p.m.. APPROVED LEN KELLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, March 14, 1994 Executive Session COUNCIL MEETING MINUTES March 14, 1994 3A DATE, CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MARCH 14, 1994. CONVENED, The Council met in executive session at 8:30 p.m. with Mayor Kelley presiding. The session was held under the authority of ORS 192,660 (1)(e), ROLL CALL. 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, City Recorder Tennant, Public Works Director Tiwari The purpose of the executive session was to conduct deliberations with persons designated by the governing body to negotiate real property transactions. Public Works Director Tiwari reviewed the status of the negotiations with the property owner near the Country Club Road/Oregon Way intersection. ADJOURNMENT. The executive session adjourned at 9:25 p.m.. ATTEST Mary Tennant, Recorder City of Woodburn, Oregon APPROVED LEN KELLEY, MAYOR Page 1 - Executive Session, Council Meeting Minutes, March 14, 1994 MINUTES WOODBURN PLANNING COMMISSION MEETING MARCH 10, 1994 3B 1) 2! ROLL CALL: Chairperson Mrs. Warzynski Present Vice Chairperson Mr. Bauer Present Commissioner Mrs. Davis Present Commissioner Mr. Finch Present Commissioner Mr. Atkinson Present Commissioner Mr. Kowsikowski Present Commissioner Mrs. Bjelland Present Commissioner Mr. Pugh Absent Commissioner Mrs. Henkes Absent Staff Present: Steve Goeckritz, Community Development Director Teresa Engeldinger, City Planner MINUTES: The Planning Commission minutes of Februa~ 24, 1994 needed the following corrections. 1) 2) 3) 4) 5) Commissioner Henkes was absent at that meeting. Page 3, paragraph 7, correct spelling of Mr. Higginbotham's name. ' Page 6, paragraph 8, Commissioner Atkinson's name inserted into paragraph. Page 6, paragraph 1 1, Commissioners agreed Page 6, paragraph 14, Commissioner Kowsikowski's name inserted into paragraph. 6) Page 7, paragraph 1, Commissioner Finch's name inserted into paragraph. 7) Page 8, paragraph 4, Commissioner Bjelland's name inserted into paragraph. Commissioner Atkinson, moved the minutes be accepted with the corrections. Commissioner Kowsikowski, seconded the motion. A vote was taken and the motion passed. PCM-March 10, 1994 SG:bw 3B 3) BUSINESS FROM THE AUDIENCE: None 4) 5) COMMUNICATIONS: None PUBLIC HEARINGS: A. SPR 9401 - Variance' 94-03 Dale Baker, Timothy Brown Staff read the statement necessary to open the public hearing. Staff stated that the applicant wished to put in a 1,950 sq. ft. 'Sandwich Express" with a variance in the landscaping standards. Staff read the criteria necessary for the approval of this project. Staff stated that a letter was received from the Baker and Brown Corporate Office in regards to this proposal. Staff read the letter into the record. "Due to some unforseen problems we respectfully req.uest Postponement of the public hearing regarding the "Sandwich Express" pr~0ject. We also request a continuance of the hearing until the March 24, 199~, Planning Commission meeting. Thank you very much. Dale Baker and Timothy R. Brown." Staff requested that if the Commission honor the applicants request that the Commission not take testimony nor would staff not present the staff report. The reason being that any testimony taken at this time could potentially jeopardize the applicants request. A motion would need to be made to continue the hearing. Commissioner Bauer made the motion to approve the request for the continuance of the hearing for SPR 94-01 and Variance'94-03 until March 24, 1994. Commissioner Finch seconded the motion. A vote was taken and passed unanimously. 6 DISCUSSION: PCM-March 10, 1994 SG:bw 2 3B SPR #94-02 Wayne Van Lieu, 992 sq. ft. addition to GW Hardware Staff stated that this was an administrative request for a 992 sq. ft. addition. This project was part of Laine Square located on Highway 99E. Staff stated that due to the fact that no more land was available for more parking spaces there would be limitations on the future expansions of this building. Staff stated that the applicant met all the necessary criteria for this project. Administrative approval was given to this project by staff. Commissioner Atkinson asked about the storage building located to the west, would that be torn down? He also had some concerns regarding wastewater being addressed. Staff stated that the existing storage shed would be removed. In response t the second question the Wastewater Department had asked if any type of chemicals or fertilizers would be stored in the building. Since there were none, no backflow device would need to be installed. Staff said the owner conveyed to them that no chemical or fertilizers would be stored, staff also stated that if these substances were stored, backflow devices would be required. Commissioner Bauer stated that the other existing building presently housed their rental equipment such as, lawnmowers, etc. ,. ~ 7. REPORTS: A. Final Approval of Centennial Subdivision Plat Staff gave the Commission a brief background on the Centennial Subdivisidn. Staff asked the Commission Chairperson to sign the final plat since it met the conditions of approval required by the Commission. B. Letter to Mick DeSantis regarding front yard setback. Staff stated that a administrative decision was made to allow the setback. BUSINESS FROM THE COMMISSION: Staff gave the Commission an overview of what the Code Enforcement Officer was doing. Commissioner Bauer asked staff about the status of the factory outlet malls in Woodburn. PCM-March 10, 1994 SG:bw 3 3B Staff answered that the one on west would not be happening. The one on the east side has to work out some details with the State Highway Division. Commissioner Atkinson had some concerns regarding the lane configuration at the north part of the intersection of Hwy 214 and Boones Ferry Rd. Staff answered that it was under the jurisdiction of the State Highway Division and was aware of the off-set intersection. Commissioner asked if there was going to be a signal put in at Progress Way and Hwy. 214. Staff stated that a study was done and 85% to 90% of the traffic that come out of the industrial park turned right so the State Highway Division felt that a signal was not warranted at this time. However, that did not preclude future consideration. Commissioner Kowsikowski has some concerns regarding the transportation planning of the city in regards to how fast the city was growing, Staff stated that for the last year, the Transportation Task Force has been developing a transportation plan which considers ,,many aspects of transportation form new streets and highways to alternati~/e modes of transportation. 10: ADJOURNMENT: Thero being no further business the Planning Commission meeting adjourned. PCM-March 10, 1994 SG:bw 3C MINUTES WOODBURN RECREATION AND PARKS BOARD REGULAR MEETING LEGION PARK RECREATION CENTER FEBRUARY 17, 1994 1. CALL TO ORDER: The meeting was called to order at 5:15pm in the newly finished Recreation and Parks Recreation Center in Legion Park by Chairman Frank Anderson. 2. ROLL CALL Board Members Present: Frank Anderson, Sue FoFana Dura, Barbara Rappleyea, and David Ott and Lee Ehrens Board Members Absent: Lazarro Ybarra, Jack. Mitchoff Staff Present: Nevin Holly, Director; Shirley Pitt, Secretary; John Pitt, Parks Superintendent. e MINUTES The Minutes of January 31, 1994 were submitted for approval. MOTION: S. FoFana-Dura: Adopt Recreation and Parks Board Minutes of the January 31, 1994 Park Board Meeting as written. B. Rappleyea: Seconded the motion. Motion passed unanimously. ADOPTION OF AGENDA Chairman Anderson approved the Agenda as presented. POOL RENOVATION/COMMITTEE REPORT Frank reported that the Pool Committee was busy getting out information to Sr. Estates and elsewhere. A Saturday has been set aside to have Barracuda Swim Team members distribute flyers explaining cost and programs at the new pool to Senior Estates. Frank and JoAnn Bjelland have been going to the Schools and getting a great response. Frank said the Woodburn Independent has been very helpful in their reporting. The pool committee has shown great enthusiasm and a total commitment and it seems to be spreading throughout the community. Nevin reported that close to $90,000 in donations have been applied toward the cost of construction. Approximately $5,000 in wall tiles have been sold with another $2,500 close to being finalized, and this was just the beginning. Official commitment from an anonymous donor of $80,000 is being held in trust for the construction of the pool. 3C Page- 2 Recreation and Parks Board Minutes February 17, 1994 CENTENNIAL PARK Nevin reported that he recently had lunch with Scott Erickson, owner of Viesko Concrete who is interested in our Centennial project. Scott offered free fill dirt as needed and is working up a cost on the purchase of gravel from his company. The well report came from Wes Toran. Nevin said the report was dated in 1976 which made is out of date so he informed him he would need an updated report. When this report is received the Department can proceed with the paper work with the help of City Attorney. Nevin will keep the Board informed as to the progress of this project. e 1994/1995 BUDGET REPORT Director said that this was most encouraging budget session that he had participated in since coming to Woodbum. He felt the hearings were handled in a friendly and professional manner. There seemed to be much unity among the Budget Committee Members as they unanimously passed their recommendation on to the City Council. On the whole Nevin told the Board that the support the Parks Department received during this budget session from both the Council and the Budget Commi,ttee indicated a level of support that was new, exciting and uplifting to the entire staff of the Recreation and Parks Department. Several of the Park Board requested a copy of the proposed budget so they could have an idea as to what the Department can expect in the new FY. Nevin will have this report for them as soon as possible. ag MAINTENANCE REPORT John Pitt, Parks Superintendent said his crew has been doing the usual winter repair of tables and equipment. He told the Board that the fireplace had been repaired at the Community Center and the contractor was beginning work on his new shop. The crew is very excited about having a building that doesn't leak, that they can't see through and can keep warm in. The Board complimented John and his crew on the work they did in the Recreation Center Building. John said he crew was very talented and that a lot of the building was repaired with lumber and materials they had available. '. BUSINESS FROM THE BOARD Frank Anderson requested a copy of the rental fee schedule. Sue FoFana-Dura asked about vandalism to the Recreation building. She asked if the police were patrolling frequently She raised the question of the pay phones on the outside of the building. Nevin said he 3C Page - 3 - Recreation and Parks Board Minutes February 17, 1994 was going to have them removed in the near futura but would like to hold off until the phone is installed inside of the building. The Park Board asked John Pitt to do research on graffiti and the cost of repair. John will have this report for them at a futura meeting. 10. ADJOURNMENT The meeting adjourned at 6:30pm. CITY OF WOODBURIq 491 North Third Street * Woodburn, Oregon 97071 * 982-5255 Retired Senior Volunteer Program 4A March 14, 1994 Mayor Len Kelly City Council Members Woodburn, OR 97071 The following t:ersons recently completed a tezm o~ the ~etired 'Senior Volunteer Ik~gr~ (~SVP) Advisory Council. They i'~ve cormented to serv~ another term so ~ wish to sub, it their names for re-appoin~nent. Beverly ~ttis AdeleDioda Mar~ ~fn~ln Dal/aTorres Thank you for your consideration fo these a[~ointments. Sincerely Ardith L. Strumae cc: Chris Childs, City .A.~ministrator Pat Hellhake, RSVP Director 10A MEMO TO: Mayor and City Council FROM: Chris Childs, City Administrator Towinq/ImDound Ordinance March 24, 1994 SUBJ.: DATE: Attached for your review and approval is an ordinance to provide for towing and impoundment of vehicles driven by uninsured motorists. A preliminary draft was provided for your review at the last Council meeting on March 14, 1994. Prior to that, at least two different staff reports were provided on this topic. Once again, I am including Chief Wright's memo of February 24, 1994 which addresses some of the considerations involved in implementing such an ordinance. The ordinance does not include an emergency clause. This will allow for the necessary public education process prior to full implementation. Also, Section 18 of the ordinance is a sunset clause, allowing for Council re-evaluations, and. renewal of the program after one year. City of Woodburn ' Police Department 10A 270 Montgom~ Ken Wright Chief of Date: February 24, 1994 Woodburn, Oregon 97071 (503) 982-2345 To: Mayor & Council Chris Childs, City Administrator Draft Towing Ordinance Beginning in October of 1993 the City Attorney and myself have been working on the design of a city ordinance addressing the towing and impounding of vehicles operated by uninsured motorists within the corporate city limits of Woodbum. As the process of enforcement can have a detrimental affect upon those effected by this ordinance we have had to be pain~ldngly precise in our policy development. Public Education and Warning. ' :. Bemem March 1st and the enactment of this ordinance the police depar~mt ~ post flyers in all public places around town. We will be ssking Newspapers, Northland Cable and radio stations for their cooperation. Towing fh'~. ' On February 11, 1994 1 met with the two towing firms who are licensed to operate within Woodbum. Among topics explored were: 1) How many vehicles? In the year mding 1993, the poUce dqmrlmcnt issued I~87 uniform traffic citations for thc offcnsc of 'Driving Uninsured'. Should thc po]icc department cite and equal number of citations in 1994 and in addition ha~e the vehicle towed what would be the process be for the police officer and the towing company? Can the firms handle the increased business in reasonable lime frame and do they have the storage capacity? In our discussions with both finns thc process was openly discussed and all questions were answered that they should be able to respond and handle the increased workload. At this time there will be no direct fiscal impact upon thc city from thc towing firms as a result of the proposed ordinance. We are working on how to best address concerns of additional workload. Insurance proof doc-mentatlon. So as to not create a liability for the city through the enforcement of this ordinance, we need to assure a process of establishing proof that the vehicle is not insured before we tow it. A driver and vehicle may be insured but not have documen_~__fion as required by law in the vehicle. How do we (police) establish this and only issue a citation for not having a proof of insurance card and not towing the vehicle. Conversely, we (police) must document that a vehicle and driver are not insured in order to tow the vehicle. The police department is establishing a list of Insurance Company telephone numbers for the officers to call from thek patrol units to establish that the driver is or is not insured. Written Notice of towed vehicle~ As a requirement of the ordinance the department must notify the registered owners and seenfity interezt holder~ within 48 hours after the tow. This notice does not need be mailed if all registered owners are present at the time of traffic stop. Another requirement is to notify all required persons of the opportunity to contest the validity of the tow of a vehicle, and how to request such a hearing. This form is being developed. Driver and occupan~ Tmpact. When thc police officer stops a vehicle that meets the requirements of the ordinance and subsequently tows the vehicle what happens to thc driver and occupants? Our primary concern is that of single women and children. Do we leave them at the,scene? This is a serious consideration of both liability for the city and a moral standard. If we"' have the police officer taxi them then we involve more of the officer~ time which will reduce the effectiveness of the police department resources. Police department staff are contacting other Release of vehicle. A vehicle towed pursuant to this ordinance-shall be immediately released to the person(s) entitled to hwful posse.ss/on upon proof of compliance with financial responsibility requirements. On the normal workday a civilian staff is present at the police department to receive money and establish that the financial responsibility requirements have been met. On week-ends and holidays provisions must be made for police officers to accommodate this provision. This process is being developed and will be in place by the effective date of the ordinance. POLICE DEPARTMF. NT AND CITY IMPACT. It normally takes a police Office 15-25 minute~ to issue a Waffle citation after the ini6~l traffic stop is completed. With the eametment of tl~ ordinance the additional time of wrecker response, hook-up and departure will be added. Response will average 10-15 minutes, hook-up and departure with required documentation will add an addition 5-10 minutes. 2 IOA · · 10A This will be an approximate addition of 15-25 minutes to these traffic stops. Should the police department issue the equal of 1993 citations we could add an annual impact of 140- 240 additional patrol hours per year. If we are to add thc time to care for thc driver/occupants of thc vehicle we could re~li?e the equivalent loss of one police officer for a complete month. Another consideration is the requirement of printed forms and notices. This is estimated to be $125-$200. Thc requirement of a conte.sted hearing will involve additional court clerk time and the time of the Hearings officer ( Municipal Judge ). As we do not have a track record to make an estimate thc hours the total cost is not available. Thc possibility of towing a vehicle that may appear to meet all the requirements of thc ordinance, in the middle of the night, may in fact turn out to be a improper tow. Should this be the case the city would be liable for the towing and storage. This will average $75-$175 per vehicle. While thc Ordinance requirements are as specific as possible, aU po]icy material will attempt to take into consideration atl reasonable ramifications, there will undoubtedly be a mistake. COMMENTARY While it is not meant'to alarm the council, this information is meant only to k~ep thc council fully advised of aU possible liabilities. I fully support the enactment of this ordinance and believe it to be in the public good. But, we do not add thc burden of additional enforcement without substan_t{~! costs. In sp~_ Idng with other police agencies, the initial months of enforcement saw substanH~! resource consumption. Most then leveled o{ff. Each jurisdiction leveled diffclmmtly. Some saw a 50% reduction while some saw only a reduction. We will not know until we try it. 3 10A COUNCIL BILL NO. 1531 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE TOWING AND IMPOUNDMENT OF VEHICLES OPERATED BY UNINSURED MOTORISTS, ESTABLISHING PROCEDURES, AND PROVIDING FOR A REPEAL DATE. WHEREAS, the Oregon Legislature passed Chapter 814, Oregon Laws 1993, which authorizes a police officer, in areas where the urban growth boundary has a population of at least 40,000, to tow and impound vehicles if the police officer has reasonable grounds to believe that the vehicle is not insured, and WHEREAS, Chapter 814, Oregon Laws 1993 does not limit the authority of cities located in areas where the urban growth boundary has a population of less than 40,000 to adopt an ordinance addressing impounding of uninsured vehicles, and WHEREAS, state law and the City's home rule authority authorize the City to pass such an ordinance, and .. ~ WHEREAS, there is an ever increasing problem within the City with vehicles that are operated by individuals who are uninsured, and WHEREAS, in order to protect the health, safety and welfare of the public, regulation of vehicles operated by uninsured individuals is necessary, and WHEREAS, the Woodburn Police Department will conduct a public education campaign to educate drivers on the provisions of this ordinance before its goes into effect, and WHEREAS, this ordinance provides for automatic repeal one year after its enactment unless the City Council evaluates the ordinance and extends it, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Any police officer may, without prior notice, order a vehicle towed when the police officer reasonably believes that the vehicle's operator is driving uninsured. Page I - COUNCIL BILL NO. ORDINANCE NO. IOA Section 2. After a vehicle has been towed pursuant to this Ordinance, notice shall be provided to the registered owner(s) and any other person(s) who reasonably appears to have an interest in the vehicle. Notice shall be personally served or mailed to such persons within 48 hours after the tow of the vehicle, Saturdays, Sundays, and holidays excluded, and shall state: A. The vehicle has been towed; B. The location of the vehicle and that it may be reclaimed only upon evidence that the claimant is the owner or person entitled to possession; C. The address and telephone number of the person or facility that may be contacted for information on the charges that must be paid before the vehicle will be released and the procedures for obtaining the release of the vehicle; D. The vehicle and its contents are subject to a lien for the towing and storage charges and will be subject to sale by the towing and storage facility where the vehicle is located. E. A hearing may be requested to contest the validity of the tow. F. The time in which a hearing must be requested and the method of requesting a hearing. G. That an application for a hearing must be filed with and received by the Municipal Judge not later than § business days after the vehicle was towed. Section 3. No notice need be provided pursuant to this ordinance when: A. A vehicle does not display license plates or other identif?ing markings by which the registration or ownership of the vehicle can be determined, or; B. When the identity of the owner of the vehicle is not available from the appropriate motor vehicle licensing and registration authority and when the identity and address of the owner and/or other persons with an interest in the vehicle cannot otherwise be reasonably determined. Section 4. Written notice of the opportunity to contest the validity of the tow of a vehicle, together with a statement of the time in which a hearing may be requested and the method of requesting a hearing, must be given to each person who seeks to redeem a vehicle which has been towed pursuant to this ordinance. This information will be made available by the tow company or other facility holding such vehicle. Section 5. After a vehicle has been towed pursuant this ordinance the owner(s) and any other persons who reasonably appears to have an interest in the vehicle are, upon timely application filed with the Municipal Judge, entitled to request a hearing to contest the validity of the tow or intended tow of the vehicle. Section 6. Application for a hearing must be filed with and received by the Municipal Judge not later than 15 business days after the vehicle was towed. Page 2 - COUNCIL BILL NO. ORDINANCE NO. IOA Section 7. The Municipal Judge may, for good cause shown, grant a request for hearing filed after the foregoing time requirements have expired. Section 8. The request for hearing must be in writing and shall state the grounds upon which the person requesting the hearing believes the tow or proposed tow invalid, or, for any other reason, unjustified. The request for hearing will also contain such other information, relating to the purposes of this ordinance, as the Municipal Judge may require. Section 9. The Municipal Judge shall set and conduct an administrative hearing on the matter within 14 days of receipt of a proper request filed pursuant to this ordinance. In all cases where a vehicle has been towed and not yet released, however, the Municipal Judge shall set and conduct the hearing on the next regularly scheduled Municipal Court day, upon receipt of the request. Section 10. At the hearing, the City shall have the burden of proving by a preponderance of the evidence that there were reasonable grounds to believe that the vehicle was being operated in violation of ORS 806.010. The police officer who ordered the vehicle impounded may submit an affidavit to the Municipal Judge in lieu of making a personal appearance at the hearing. Section 11. The Municipal Judge shall make any necessary rul:.es and regulations regarding the conduct of such hearings, consistent With this ordinance. Section 12. If the Municipal Judge finds that the towing and impoundment of the vehicle was proper, the Municipal Judge shall enter an order supporting the removal and shall find that the owner or person entitled to possession of the vehicle is liable for the usual and customary towing and storage costs. The Municipal Judge may also find the owner or person entitled to possession of the vehicle liable for the costs of the hearing. Section 13. If the Municipal Judge finds that the towing and impoundment of the vehicle was improper, the Municipal Judge shall order the vehicle released to the person entitled to possession and shall enter a finding that the owner or person entitled to possession of the vehicle is not liable for any towing and storage charges resulting from the impoundment. If there is a lien on the vehicle for towing and storage charges, the Municipal Judge shall order it paid by the City. Section 14. The. decision of the Municipal Judge is a quasi-judicial decision and is final, is not appealable to the City Council, and is only appealable to Circuit court by writ of review. Any person who has a hearing scheduled and fails to appear at such hearing without good cause shown, as determined by the Municipal Judge, shall not be entitled to have such hearing rescheduled. The owner(s) and Page 3- COUNCIL BILL NO. ORDINANCE NO. 10A any other person(s) who have an interest in the vehicle are only entitled to one hearing for each tow of that vehicle. Section 15. Any private company that tows and stores any vehicle pursuant to this ordinance, shall have a lien on the vehicle, in accordance with ORS 87.152, for the just and reasonable charges for the tow and storage services performed. The company may retain possession of that vehicle, consistent with this ordinance and Oregon law until towing and storage charges have been paid. Section 16. A vehicle towed pursuant to this ordinance shall be immediately released to the person(s) entitled to lawful possession upon proof of compliance with financial responsibility requirements for the vehicle, payment to the City of a fee of $15 and payment of towing and storage charges. Proof shall be presented to the Woodburn Police Department, who shall authorize the person storing the vehicle to release it upon payment of charges. Section 17. If towing and storage charges are owed to a private company, the City shall pay them if, after a hearing, the tow is found to be invalid or for any other reason not justified and the charges have not previously been paid. Section 18. This ordinance shall expire and is repealed on April 30, 1995. Approved as to form: /si N. Robert Shields 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 4- COUNCIL BILL NO. ORDINANCE NO. City of Woodburn Police Department lOB 270 Montgomery St~ Ken Wright Chief of Date: March 14, 1994 Woodburn, Oregon 97071 (503) 982-2345 To: Mayor and Council C. Childs, City Administrator Subject: ODOT Safety Belt Grant In 1993 the police department entered into agreement with the Oregon Department of Transportation, Transportation Safety Section to enforce the use of Safety Belts, child safety seats and motorcycle helmets. Additionally, the police department provided one officer, C. Cunningham for specio!i~ed training in the enforcement and use of the previously mentioned safety issues. In return the ODOT reimbursed the City of Woodburn for officers time spent in the enforcement of safety belts, child safety seats and motorcycle helmets. Again this year the ODOT is asking that the Woodburn Police Department provide Officer Cunningham to instruct other police officers the enforcement and use techniques. The ODOT through this agreement will reimburse all city expenses relating to this activity. The city is involved in an another agreement with the ODOT for seat belt enforcement. KECOMMENDATION: The Woodbum City Council authorize the Police Department to enter into agreement with the Oregon Department of Transportation, Transportation Safety Section. B:ODOT-ONT.M~M lOB COUNCIL BILL NO. 1532 RESOLUTION NO. A RESOLUTION ENTERING INTO AN AGREEMENT WITH THE STATE OF OREGON (OREGON DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY SECTION) FOR SAFETY BELT, MOTORCYCLE HELMET, AND CHILD SAFETY RESTRAINT TRAFFIC ENFORCEMENT TRAINING. WHEREAS, the enforcement of safety belt, child safety restraint, and motorcycle helmet laws is of tremendous importance to the citizens of the city of Woodburn, and WHEREAS, grant funds are available from the State of Oregon, Oregon Department of Transportation, Transportation Safety Section, to reimburse the city for providing police officer training in these areas, NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an agreement with the State of Oregon, acting by and through the Oregon Department of Transportation, Transportation Safety Section to provide reimbursement for police officer training regarding safety belt, motorcycle helmet, and child safeW restraint traffic enforcement. Section 2. That the Mayor, on behalf of the City, is authorized to execute said agreement, a copy of which is attached and, by this refere~nce, inqorporated herein. Approved as to for~~ ~'~ /Z~"/ ' 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. lOB REC'D 1 INTERGOVERNMHIqTAL AGR POLIC£ DEPT. Depmuaent Intergovernmental Agreement # DE942002422 ODOT Agreement # 12,501 This Agreement is made and entered into by and between the State of Oregon acting by and through thc Oregon Department of T~tlon, Transportation Safety Section, he.after called Department, and Woodburn Police Depax~mient by Patrolman Ckaig Cunningham hereafter called Agency. I. RECITALS The principal purpose of this agreement is to provide training on safety belt, child safety seat and mottm~cle helmet eafc~ax~ent to selected law enforcement officers participating in TSD grant-funded overtime enforcement. e By thc authority granted in ORS 802..300-340, the Depatnncnt may enter into contracts and a~ for the pcrfo~ of lunch, 'OhS and activities to promote highway safety. , By the authority granted in ORS Ch. 190, thc Deparuncnt can enter into intm'govcrnmcntal aglrcmcnts. Law Enforcement officers will provide safety belt, child safety seat and mo~cycle helmet enforcement training to officers throughout thc State of. Oregon, with an overall goal of increasing safety belt, child safety seat ana motorcycle helmet use, and decreasing death and injury from motor vehicle crashes. D. EFFECqW~ DATE AND DURATION This Agreement shall become effective on February 1, 1994 (or on the date when both parties have signed this Agreement, whichever date is later). This Agreement shall expire, unless otherwise terminated or extended, on September 30, 1994. II. PROJECT MANAGEMENT PLAN DEPARTMENT OBLIGATIONS Department agrees to pay Agency not to exceed the slim of $475.00 upon completion of work as described under H.B. Agency Obligations. Depamnent Intergovernmental Agreement # DE942002A22 ODOT Agreement # 12,501 2/17/94 Page 2 received by Depa~ iment on or before the lOrn ot me monm touowmg me o ag period. lOB Be AGENCY OBLIGATIONS The following assignments will be performed during effective contract dates. 1. Officer will train at least two classes in "TSD Safety Belt Enfant," as directed by Depamnent. 2. Classes will be conducted throughout thc State. Locations selected will be approved by the Depaxlm~t. :3. Agency will submit to the Department a monthly listing of classes taught, date, location, and numtm' of students trained. (See Attachment A.) 4. Reimbursement Agreement 1A~,~iencv shall submit monthly billings to the Depaxm~nt hot later than _the ~ t~ month following'the billing period. The~ billings must xefl~ actual costs ILnd work accomplished during the billing period. The billing shall be submitted on the appropriate TSD reporting form (Atxw. hme~ A), indical~ billing period, overfi'm¢ hom's/ia~ of pay, approved travel ¢~. (if any) and be signed by the contracting official. 5. Allowable charges to contract funds include: a. Overtime pay for coudueting at least two training classes between February 1, 1994 and lunc 1, 1994. Travel costs associated with conducting raining classes. (According to Execufi~ Depamnent Administrative Rules on Travel and Txanspo~____fiom The maximum reimbursement for automobiles will be $0.22 per miles. The ma.ximnm mimbm'sement for per diem will be $57.00 per day.) The De~t will not be able to honor Claim~ for Reimbursement received after November 5, 1994. This deadline is crucial as the National Highway Traffic Safety Administration now requixes all paperwork for the entire Department program be completed by December 31. Deparmaent Intergovernmental Agreement # DE942002422 ODOr Agreement # 12,501 2/17/94 Page 3 lOB III. The Department, the Secretory of State's Office of the State of Oregon, the Federal Government, and their duly authorized representatives shall have access to the books, documents, papers, and records of the Agency which are directly pertinent to this specific agreement for the purpose of rrmlcing audit. e:mmlnation, excerpts, and transcripts for a period of three (3) years after final payment. Copies of applicable records shall be made available upon request. Payment for cost of copies is reimbursable by Depas~tment. C. KEY OFFICIALS Woodbum Police Deparnnent Chief Ken Wright Paltkrizing Official 270 Montgomery Strcct Woodburn, OR 97071 Instructor. P~tmlman Craig Cunningham 2. Transportation Safety Section 400 State Libmxy Building Salem, Oregon 97310 Telephone N,m',ber 378-3669 or 1-800-922-2022 CONTAC'W: Oeri Parker GENERAL PROVISIONS A. TERMINATION This a?eement can be terminated at any time with tWO (2) weeks written notice by either party in writing. B. STATE WORI~-~' COMPENSATION ACT The Agency, its subcontractors, if any, and all employers working under this Agreement are subject employers under the Oregon Worl~ws' Compensation Law and shall comply with ORS 656.017, which requixes them to provide workers' compensation coverage for all their subject workers. Depax~uaent Intergovemmeatal Agreement # DE942002422 ODOT Agreement # 12,501 2/17/94 Page 4 lOB Subject to the limitations of the Oregon Constitution and statutes, Agency and Depmi~,ent each shall be solely responsible for any loss or injury caused to third parties arising from Agency's or Department's own acts or omi.~ions under this agreement and Agency..or Depaxuaent ~ defend, hold ,h,l~. ess and indemnify the other party to this agreement warn respect to any litigation or liability arising fi'om Agency's or Department's own acts or omissions under this agreement. D. FEDERAL REGULATIONS It is under~tood and agreed that the activity eovetnxl in this Agteemeat is undeaxaken under thc authority of Section 402, Tide 23, United Statea Code, and is subject to the adminisaative r~g~!~tlons established by Federal guidelines including Ciwulatz, A-87 and A-102, and are h .ereby.in~ by reference with the ssme force and effect as if they were gtven m tull text. The Agency agrees not to use the funds re~e~ed through this agreement for activities previously carried out with its own resources. IV. APPROVAL ,, The Un.sc. al Year 1994 Highway Safety Plan was approved by the Oregon Itanspo~___~on Commission on luly 21, 1993. At that dine the Manager was authorized and dixected to sign all contracis included in this Plan for and on behalf of the Commission. Said authority is set forth in the tccoxds, Minute Book of the Oregon Tnmsponafion 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 Woodbum Police Department (aga~ By STATE OF OREGON, by and through its Depaxmaent of Transportation, Transportation Safety Section By (Type or print name and Date Date lOB 10C MEMO DATE: TO: FROM: RE: MARCH 25, 1994 MAYOR AND CITY COUNCIL NANCY GRITTA, FINANCE DIRECTOR -~'~ FINANCIAL ADVISOR FOR AQUATIC CENTER BOND Whereas the voters have approved the issue of bonds to construct a new aquatic center, it is important that we move quickly to save costs because of rising interest rates and other factors in the municipal bond market. Within this packet is a resolution to retain a financial advisor. An independent financial advisor is le_{3ally reouired if a bond Is Issued on a neooflated basis and althou0h we intend to sell ours on a competitive basis, doing_ so without a financial advisor who soeclalizes in municloal bonds is unheard of--certainly for a City that does not make a 0racfice of issuin0 bonds every year or several times each year. The financial advisor will structure the bond and oroduce the official statement describinq the bond for ootential underwriters as well as advise the City on many issues such as ratinq and insurance. Structuring a bond means setting its payoff schedule for principle and interest, conditions under which it can be recalled, inclusion of security features, etc. It is the financial advisor's job to know the bond market place and be able to structure a bond which meets the financial objectives of the city and at the same time will appeal to the market sufficiently to attract buyers (underwriters) at as Iow an interest rate as possible. Regional Financial Advisors, Inc. comes highly recommended by our bond council, the State bond departmen(~ and others. Attached to this memo is background information with a list of current and past clients of the firm. I FA 10C Baokground Regional Financial Advisom, Inc. Independent Financial Advice Sterrett Report Management, Inc. Regional Financial Advisors, Inc. (RFA) provides independent financial advisory services to govemmental clients primarily in the Northwest United States. Located in Portland, Oregon, RFA was formed in 1989 by Rebecca Marshall Chao, President. The firm's objective has been to offer targeted, timely and independent consulting services of the very highest quality. This objective is achieved through the efforts of experienced senior staff; application of state-of-the-art computer and telecommunications technology; and access to up-to-date market information.. RFA's services are delivered by its two senior staff members, Rebecca Chao, President, and Christopher Scherer, Senior Vice President. Ms. Chao and Mr. Scherer have combined experience of over 30 years in govemment administration, consulting, and public finance. Their consulting efforts are supported by Liz Johnston, Business Manager, who is responsible for administrative matters related,to, the:issuance, of bonds, office communications, and document lbublieafion. RFA's financial advice to clients is delivered from a completely independent viewpoint. Financial advisory services to government is our only business. We do not sell stocks or bonds and we do not contract with private clients to advise them in their relationships with government. We are not owned by or affiliated with any banks or other financial institutions. RFA works closely with Jane Sterrett in the preparation of official statements for the issuance of bonds and rating agency handbOoks and other presentation materials. Ms. Sterrett has over 12-years' experience in public finance publication and works closely with RFA and its clients to ensure that materials are professionally prepared and conform to current industry standards. January 7, 1994 Page 1 Regional. Financial Advisors, Inc. 10C Government Clients Current RFA Clients RFA's clients are primarily located in Oregon and Washington. Current clients include the following government organizations: · City of Gresham, OR · City of Lake Oswego, OR · City of Salem,. OR · City of Dallas, OR · City of Beaverton, OR · City of Beverly Hills, CA · City of Keizer Urban Renewal Agency · Washington County, OR · Corvallis School District, OR · Suburban East Salem Water District, Salem, OR · City of Tualatin Urban Renewal Agency, OR · Lane County, OR · Lane County Metropolitan Wastewater Service District, OR · Forest Grove School District, OR · City of Portland, OR · Emerald People's Utility District, OR · Tillamook People's Utility District, OR ', · Jackson County Development Commission, OR · , Tualatin Development Commission, OR · Multnomah County, OR · Bellevue Convention Center Authority, WA · Eugene School District, OR · Molalla River School District, OR · Tualatin Valley Water Distfict,.OR January 7, 1994 Page 2 10C COUNCIL BILL NO. 1§33 RESOLUTION NO. A RESOLUTION ENTERING INTO A PERSONAL SERVICES AGREEMENT WITH RFA, INC. FOR PERSONAL SERVICES RELATED TO AN AQUATIC CENTER BOND SALE. WHEREAS, the voters of the City of Woodburn have authorized the City of Woodburn to issue $1,755,000 in general obligation bonds for the purpose of constructing an aquatic center, and WHEREAS, it is necessary and prudent for the City to employ a financial bond advisor to assist with the bond sale, and WHEREAS, Regional Financial Advisors, Inc. (RFA) is qualified to provide these necessary services, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City enter into a personal services agreement with Regional Financial Advisors, Inc. and the Mayor and City Recorder are authorized to sign said agreement on behalf of the City. .. ~ Section 2. That a copy of said agreement is attached hereto and, by this reference incorporated herein. !.~t N. Robert Shields 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 1 - COUNCIL BILL NO. RESOLUTION NO. 10C PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF WOODBURN, OREC~N AND REGIONAL FINANCE ADVISORS, INC. This agreement is made between the city of Woodburn, Oregon (the City) and Regional Financial Advisors, Inc. (RFA). The services to be provided under this contract for personal services are detailed below. SCOPE OF SERVICES The City has been authorized by the voters to issue $ 1,755,000 in general obligation bonds and plans to issue bonds for the pUrpose of construction of an Aquatic Center. RFA agrees to: 1. Prepare a schedule of tasks and responsibilities for the bond issue. This schedule will be incorporated within a timetable specifying the deadline for each task. 2. Prepare the issue structure consistent with the city's financial objectives--to enhance marketability of this issue and future City debt instruments, to minimize total cost, and to sustain financial position given the additional debt the issue incurs. Produce the Official Statement for the bonds. Assist the city in deciding whether to issue the bonds on a competitive or negotiated basis. If the bonds are sold on a competitive basis, review the Notice of Bond Sale prepared by the Bond Counsel, and direct the publication, advertising and distribution of the notice of bond sale. Assist in awarding the bid to the lowest cost bidder on the day of sale. If the bonds are sold on a negotiated basis, assist the City in selecting the underwriter. lOC Personal Se~ices ~qree~ent Paqe 2 e Se 10. 11. 12. If the bonds are sold on a negotiated basis, re¥iew preliminary pricing numbers produced by the underwriter immediately prior to the pricing. Compare these to comparable sales and information obtained from other underwriting firms and other sources, including Delphins Hanover (a national on-line information system on interest rates); monitor the pricing as it proceeds to the sale, advise the City suggesting changes if appropriate, advise the City whether to finalize the sale. Assist in selection of paying agent/registrar as necessary. Assist the city in developing a rating -strategy and preparing materials for the rating agencies and insurance companies; assist the City in insurance related decisions concerning the issue. If a rating presentation is required, prepare presentation materials, rehearse the city staff for the presentation, and accompany the city staff to the presentation. serve as the City's "expert advisor" within the meaning of ORS 287.028 and deliver to the City a report as required therein if sale is negotiated. Attend meetings as requested by the City. 13. Assist with the closing as needed. COMPENSATION The City agrees to pay RFA and RFA agrees to accept for full performance under this agreement exc~udina a ratina presentation, a ~lat fee of $ 8,000, If a ratina presentation is reouired, an additional $5,000 will be paid. The city shall also reimburse RFA for its direct expenses (listed below) and the City will cover the excluded costs (listed below). Direct Expenses Direct expenses are not included in the sale preparation. Such expenses shall not exceed $500 without specific written permission of the City. These include: Mileage (28 cents per mile) and other travel costs as approved by the City 10C Personal Services &qreement · Direct cost of postage, Federal Express, or other overnight delivery and courier expenses Long distance 9hone calls for rating agencies, insurance companies and underwriters · Direct cost of printing the Official Statement both preliminary and final ' Direct cost of delivering the Official Statement and other materials to underwriters, rating agencies, insurance companies and others · Major nonstandard supplies · Graphics for rating presentations Mutually agreed upon subcontractor expenses paid by RFA (including the cost of preparation of the Official Statement by Sterrett Report Management) Any other expenses agreed upon in the contract or later accepted in writing by the City Excluded Costs During each financing or project, ("excluded costs") incurred by the responsible for any of these costs. there may be other costs City. RFA will not be Excluded costs are typicallythose which involve a contract between the City and another consultant or vendor, independent of RFA. The following lists examples of such excluded costs, (but other costs not covered on this list may also be subject to exclusion). · Bond Counsel fees or other legal fees · Bond printing fees · Publication fees for notices, etc. · Official statement costs of printing or distribution · Credit enhancement fees, including bond insurance or bank letter of credit fees Feasibility consultant fees (revenue bond issues only) 10C Personal Services Agre~nent · Rating fees Trustee/Paying Agent/Registrar/Escrow Agent fees State Treasurer fees Fees charged by counties or other including any division of the State, needed for disclosure or analysis municipalities to provide data Termination. Either party may terminate this agreement upon 10 days written notice to the other party. If at the time of termination, the City owes any fees to RFA, such fees are due and payable at a rate of $115 per hour within 10 days of termination. Assignment. The rights and duties of the parties hereunder are personal and shall not be assignable by either party without the express written consent of the other party. Governing Law. It is agreed that this agreement shall be governed by laws of the State of Oregon. ,0 :.. Severabilit¥. If any provision or part of this agreement is for any reason determined by a court of competent jurisdiction to be invalid or unenforceable, then such part shall be severed from the agreement and the remainder thereof shall remain fully enforceable. Attorneys Fees. In the event a suit or action is instituted to enforce any right guaranteed pursuant to this agreement, the prevailing party shall be entitled to, in addition to the statutory costs and disbursements, a reasonable attorneys fee to be fixed by the trial and appellate court respectively. Entire Agreement. This agreement constitutes the entire understanding of the parties with respect to the subject matter herein and supersedes all negotiations, prior discussions and preliminary agreement made prior to this date. All modifications to this agreement shall be in writing and shall be signed by the parties. 10C Personal Services Aqreement Paqe ~ EXECUTION IN WITNESS THEREOF, agreement: the parties hereby execute this letter of Regional Financial Advisors, Inc. Signature: Date: Christopher Scherer, Senior Vice President Taxpayer Identification Number - 93-1018049 City of Woodburn, Oregon Signature: Printed Name Len Kelley Title: Mayor Signature: Printed Name Title: Date: Date: Attest: Mary, Tennant, City Recorder City of Woodburn 1OD MEMQ TO: FROM: SUBJECT: DATE: City Administrator for Council Action Randy Scott, CE Tech III, through Public Works Director Country Club Road Right-of-Way and Easement Vacation in Conjunction with the Tukwila Development March 23, 1994 RECOMMENDATION: Initiate vacation proceedings for a portion of Country Club Road (see Attachment "A"). To commence the process, by resolution the council is requested to set a formal public hearing · for the regular council meeting of April 25, 1994. BACKGROUND: Staff has reviewed and established conditions of approval for the proposed Tukwila Development. The Tukwila Development proposes to construct an lJ 8-ho!e golf course and a housing mix of approximately 700 housing units to be built north of Highway 214 and east of Boones Ferry Road. It should be further noted that a Miller Farm Subdivision, previously approved, is the first phase of this Tukwila Development. One of staff's conditions of approval for the Tukwila Development is for the applicant to secure council approval for the vacation of the proposed portion of Country Club Road that goes through the Tukwila Development. The publication and notification period for the street vacation shall not be less than 14 days prior to the formal hearing as per ORS 271.110. To allow staff a minimum of seven days to prepare the proper publication and notification, the hearing date should be set for the April 25, 1994 regularly scheduled meeting. The following criteria was established by staff to bring this recommendation before the council: 1. A request to vacate a portion of Country Club Road has been submitted by the abutting property owners, however, this is not a petition as identified in ORS 271.080 (see Attachment "B"). 2. In consideration for vacating a portion of Country Club Road, the development has rededicated a 60-foot right-of-way with 20-foot easements, on each side, connecting to Boones Ferry Road (see Attachment "C"). It should be further noted, Country Club Road has been renamed as Hazelnut Drive and Tukwila Drive. 1OD 3. The relocated right-of-way will continue to serve as a collector as designated on the transportation plan. No infrastructure is within a major portion of the proposed vacation, however, a water main exists over a small portion from Miller Farm Road to Boones Ferry Road. Staff will retain a utility easement for this. VACATION PROCESS 1. Governing body by resolution may initiate vacation proceeding and establish a date for the public hearing. 2. Notice of public hearing shall be posted and published as provided in ORS 271.110. 3. The public hearing is held on specified date. 4. After the hearing, if the findings comply with the requirements of ORS 271.130 and the council finds in favor of the vacation, then by ordinance they shall make such determination a matter of record. 5. Title to the vacated area shall be apportioned between abutting owners in the manner described in ORS 271.140. " 6. The ordinance vacating the street shall be filed with the County Clerk, County Assessor and the County Surveyor. RS:Ig TUKEASE.CC ATTACHMENT "A" 10D 03 03 0 2 PROPOSED VACTION PORTION 10D'. ATTACHMENT "B" RECEIVEO FEB 0 3 1994 J~ua~¥ 13, 1994 Randy Scott city of Woodbu~n Woodburn,' OR 97071 De~r' Randy: that vmuld ~o wi. ill aazelnut '&' p~rt~er~ ':Oro~on~olfAsaootation P.O, Box 532 · Woodburn, Oregon 97071 · (503) 982-4748 · FAX (503) 98,2.4~49 1OD" ITl "0 Il '~, !1 !! II " \ \ , .Il ill o~0 ' Ill I I I '1 ! I I I I ! 0 1OD COUNCIL BILL NO. 1534 RESOLUTION NO. A RESOLUTION FIXING A TIME, PLACE AND DATE FOR A PUBLIC HEARING ON THE QUESTION OF WHETHER A CERTAIN PORTION OF COUNTRY CLUB ROAD NEAR THE INTERSECTION OF BOONES FERRY ROAD AND WITHIN THE TUKWILA SUBDIVISION SHOULD BE VACATED. and WHEREAS, the City Council has the legal authority to initiate a vacation proceeding, WHEREAS, it is in the public interest to conduct a public hearing on the question of whether that certain portion of Country Club Road described herein should be vacated so that proposed road realignment can occur, NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The tract of real property subject to the proposed road vacation is legally described as follows: Beginning at the Northwest corner of Lot 2, Block 2, GLATT SUB, DIVISION, as said subdivision is recorded in Volume 38, Page 30, Book of Town Plats for Marion County, Oregon, and being situated in Sections 7 and 8 in Township 5 South, Range 1 West of the Willamette Meridian in Marion County, Oregon; thence southwesterly along the southerly right-of-way line of Country Club Road on the arc of a 520.00 foot radius curve to the left (the chord of which bears South 66°53'43" West 23.25 feet) a distance of 23.26 feet to the TRUE POINT OF BEGINNING; thence southwesterly along said right-of-way line on the arc of a 520.00 foot radius curve to the left (the chord of which bears south 61°17'47" West 78.30 feet) a distance of 78.37 feet; thence southwesterly along said right-of-way line on the arc of a 730.00 foot radius curve to the right (the chord of which bears south 74°35'02" West 441.59 feet) a distance of 448.61 feet; thence North 87°45'31" West along said southerly right-of-way line, a distance of 549.48 feet to the northeast corner of Lot "A" as platted in MILLER FARM SUBDIVISION recorded in Volume 40, Page 24, Book of Town Plats for Marion County, Oregon; thence North 14°26'46.' East along the East boundary line of said subdivision a distance of 61.39 feet to the southeast corner of Lot "F" of said MILLER FARM SUBDIVISION; thence south 87°45'31" East along the northerly line of said Country Club Road, a distance of 536.41 feet; thence northeasterly along said right-of-way line on the arc of a 670.00 foot radius curve to the left (the chord of which bears North 76°51 '42" East 354.21 feet) a distance of 358.47 feet; thence northeasterly along the arc of a 230.00 foot radius curve to the left (the chord of which bears north 84°21 '50" East 147.86 feet) a distance of 150.53 feet to the TRUE POINT OF BEGINNING. ALSO Beginning at the southeast corner of Lot "F" MILLER FARM SUBDIVISION as recorded in Volume 40, Page 24, Book of Town Plats for Marion County, Oregon; thence South 14°26'46'' West along the easterly boundary line of said subdivision a Page I - COUNCIL BILL NO. RESOLUTION NO. IOD distance of 61.39 feet to the Northeast corner of Lot "A" of said subdivision; thence north 87°45'55" West along the North line of said Lot "A" a distance of 112.37 feet to the Northwest corner of said Lot "A"; thence north 1°09'50" East a distance of 60.02 feet to the Southwest corner of said Lot "F"; thence south 87°45'55" East along the south line of said Lot "F", a distance of 126.48 feet to the point of beginning. ALSO Beginning at a point on the westerly boundary line of MILLER FARM SUBDIVISION as recorded in Volume 40, Page 24, Book of town Plats for Marion County, Oregon at its intersection with the south right-of-way line of Country Club Road, which point bears north 1°09'50" East 112.84 feet from the Northeast corner of Lot 54 of said subdivision; thence North 87°45'55" West along the south right-of- way line of said Country Club Road a distance of 298.96 feet; thence southwesterly along said right-of-way line on the arc of a 20.00 foot radius curve to the left (the chord of which bears south 53°59'35" West 24.76 feet) a distance of 26.70 feet to a point on the easterly right-of-way line of Boones Ferry Road; thence north 15°45'05" East along the easterly right-of-way line of said Boones Ferry Road a distance of 39.29 feet to an angle point therein; thence north 15°36'28" East along said right-of-way line a distance of 63.47 feet; thence southeasterly along the northerly right-of-way line of said Country Club Road, on the arc of a 20.00 foot radius curve to the left (the chord of which bears south 36°04'44" East 31.38 feet) a distance of 36.08 feet; thence south 87°45'55" East along said northerly right-of-way line a distance of 273.95 feet to a point on the west boundary line of said MILLER FARM SUBDIVISION;thence south 1°09'50" West along said west boundary line a distance of 60.02'.feet t.o the point of beginning. A diagram of said tract is attached to this Resolution as Exhibit "A" and is incorporated herein. Section 2. That 7:00 p.m. on April 25, 1994 in the Woodburn City Council Chambers, 270 Montgomery Street, Woodburn, Oregon, is the time and place for the public hearing on whether the above-described real property shall be vacated. Section 3. That the City Recorder is directed to give notice of public hearing as provided by law. ~,~,~~~"~ ~----/~/~ Approved as to form: City Attorney Date APPROVED: Len Kelley, Mayor Page 2 - COUNCIL BILL NO. RESOLUTION NO. EXHIBIT "A" IOD 03 d3 0 2 .,! PROPOSED VACTION PORTION IOE MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Dean Morrison, Assistant City Engineer Acceptance of QUITCLAIM DEED within Toepfer's "All Creatures Investment Co." boundary March 22, 1994 RECOMMENDATION: That the Woodburn City Council accept the QUITCLAIM DEED duly signed by the property owner and received by the city. BACKGROUND: This QUITCLAIM DEED is approximately 30 feet wide along the North Property line; south of Wilson Court. It will be used to widen that portion of Wilson Court. List of signed easements: 1. Norman J. Toepfer and Mildred I~. Toepfer, his wife. QCDEEDTOEPFER, 103 03 03 5 I-.100· 03-0EC-93 QUITCLAIM DEED--STATUTORY FORM 1 0E INDIVIDUAL GRANTOR .... -.N.~.~.~.R-~..A....N.~.J...~..T..~."E~.P...F..E.E~.a.~.n..d.~..M.!.L~.R".E.. .D.~.P....~..T9~.E.~.P..F...E~.R..~.~.h..u...s..b..a.~.n.~.d~.a..n...d.~.w.j.f..e..~. ........................................................... ................................................................................................................................................................................................. Grantor, releases and ~uitolaims to .................. GL.~..~"~..F.~.~w....~.~...~D...B...~...R.~.N..~...a.~.m....u.pj~.c.[p..a-~.c..~.f.p.~.~..r`.a..t~..~...n. ................................................ !i ..................................................................... -~ ............... Grantee, all right, title and interest in and to the following de,cribed i! real prot~rty situated in .................... ..~...a..r.I..o..~. ...................... County, Oregon, to.wit: i: ii ',~ JIF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE) i :, Thetrue consideration, for this conveyance is $ ............................. (Here comply with the rc~luirert~nts of ORS 95.050) (This property is conveyed and dedicated for use by the general public for road purposes and to widen said avenue.) Beginning at the Northwest corner of a certain tract of land deeded to Norman J. Toepfer and Mildred P. Toepfer, his wife, recorded in Reel 91 page 391, that point being approximately South 20~/Vest 770 feet from the monument marking the intersection of Hawley and Cleveland Streets, thence North 80°55'East 133.65 ft, thence South 60°36'East 48.21 ft, thence South 80°55'West 133.65 ft, to the Southwestern property line, thence North 60°36' West 48.21 fl, more or less, to the point of-true beginning for this deed situated in Section 8, Township 5, Range I West, Willamette Meridian, Marion County, Oregon. BEFORE SI~ING OR ~ ~ INSlRUME~, THE ~ ACQUIRING FEE ................................ PLANNING OEPARTMENT 10 VERIFY ~ USES AND 10 DETERMINE ANY ' LIMITS 0N LAWSUITS ~ FARMING OR FOFEST PRACtiCES AS OERNED IN oas aom~ STATE OF OREGON, Comaty ot ................... _______,___ This instrument was acknowledgc4:~ b,fore me on ........... .,2~~.../..~..., 19...~....~, _ ............. ........ .......................................................................... '" ..... ~ ~/~~n"~'9 ~/. C/ ~otary Public/or Oregon yco ion..i;. ......... ........ : .......... QUITCLAIM DEED f GRANTOR GRANTEE GRANTEE°$ ADDRESS, ZIP After recording alum ta: NAME, ADDRESS. Zlle Until u change i$ requested, oil tax statements droll be ~enl lo the following address: EPACE REIERVED FOR RECORDER'U USE STATE OF OREGON, County of .......................................... I certify that the within instru- ment was received for record on the .......... day of .................................. ,19 ......... at ................ o'clock ...... M., and recorded in book/reel/volume IVo ....................... on page ........................ or as fee/file/instru- ment/microfilm/reception No ..... '.. .......... Record of Deeds of said county. Witness my hand and ~eal of County affixed. NAME TITLE By .................................................... Deputy City of Woodburn Police Department 270 Montgom~ Ken Writ/ Chief Date: March 15, 1994 1OF Woodburn, Oregon 97071 (503) 982-2345 To: Mayor and Council C. Childs, City Administrator Subject: Street Closure / Sound Amplification On March 7 I received the attached letter from Pineros y Campesinos Unidos del Noroeste (P.C.U.N.) requesting the partial closure of Broadway and B Streets and the use of sound amplification equipment. This is to take place on Thursday, April 28th, from 5:00 PM - 9:30 PM. We have received similar requests over these past years, the latest being a combination Cinco de Mayo Celebration and a remembrance gathering for Ceasar Chavez. The Street closure and sound amplification request was approved by the Council. At my suggestion Mr. Kleinman polled the residents of the effected area to solicit any feelings. The surrounding property owners and residents have been advised of, and have provided the attached signatures acknowledging P.C.U.N.s' partial street closure and sound amplification. The police department received no complaints from any of P.C.U.N.'s prior requests. Street Closure - In the past the police have provided about eight traffic cones to P.C.U.N. and in turn they placed them and removed them. Sound Amplification - The sound amplification is merely the installation of a Public Address System in the tented area so participants can listen to the speakers. The sound is restricted to the immediate area. RF_~OMMENDATION - The Council grant Northwest Treeplanter and Farmworkers United, 300 Young St. request to partially close Broadway and B Streets and the use of sound amplification equipment on Thursday, April 28th, from 5:00 PM - 9:30 PM. B:PL~o'N3-15.~ lOP Pineros y Campesinos Unidos del Noroeste Northwest Treeplanters and Farmworkers United 300 Young St. / Woodburn, Ore. 97071/(503) 982-0243 March 3, 1994 Mr. Ken Wright, Police Chief Woodburn City Councilors 270 Montgomery Woodbum, Oregon 97071 REC'D HAR 0 7 t99 Dear Chief Wright and Council Members, We write to request City Council permission to use public sound amplification equipment and to close portions of two city streets for an event we intend to hold at our headquarters'.on the evening of Thursday, April 28, .1994. Last September, our membership, gathered at our annual convention, voted to hold a special ceremony to dedicate the building at 300 Young Street, Which houses PCUN and Willamette Valley Law Project offiecs and meeting hall. The organizations have jointly decided to hold thc ceremony on April 28th, the ninth anniversary of PCUN's founding. Among thc notable personalities expected to attend is Pete Seeger, internationally-known activist and folksinger. Since we expect a crowd too large to fit in thc meeting hall, wc plan to erect a tent in our parking lot bordered by Broadway and B Streets. Therefore, wc request city germission to close B Street between Young and Broadway Streets, and to close the portion of'Broadway Street which lies directly to thc South of our parking lot (between B and C Streets), starting at 5:00 PM and ending at 9:30 PM on April 28th. We also request permission to use a sound amplification system outdoors during this same time period. As you arc aware, we have previously requested and received permission for similar activities, all of which were carried off without incident and with a minimum of inconvenience to our neighbors and the public. We expect that this occasion will be no different. Please don't hesitate to contact mc ffyou need any further information in order to act on our request. The best days to reach me at the PCUN office arc Mondays and Wednesdays. Sincerely yours, #IM POOL ,.:: C ~,..' IOF ~,~ 1OF PCUN-Update Northwest Treeplant~r} and Farmworkers Umted Issue #16 Oregon's Farmworker Union January 1994 PCUN Building to Become "Risberg Hall" Dedication Ceremony Set for April 28 On Thursday, April 28, 1994, PCUN's headquarters on Young Street will officially be named in memory of Edward and Sonia Risberg. The ceremony will cap a six year effort to buy, repair and remodel a permanent home for PCUN and our sister organization, Willamette Valley Law Project. The Risbergs, maternal grandparents of PCUN Secretary-Treasurer Larry Kleinman, fled Russia in 1922 to escape civil war and anti-semitic persecution. They settled in Chicago and became active in progressive movements. Sonia died in 1984, leaving $15,000 to her daughter, Annette Kleinman. In 1988, Annette donated the entire amount in memory of Sonia and Edward, providing the balance needed to purchase the building. At last September's Annual Convention, PCUN's membership unanimously approved a resolution to name the hall, citing the Risbergs' Hves as "examples ofthe PCUN spirit~. The Law Project board also approved the action. We chose to hold the ceremony on April 28th because it will be the 9th anniversary of PCIJI~s founding and the 98th anniversary of Sonia's birth. Over the past five years, dozens of volunteer brigades have completed most of the remodeling. Still, major repairs remain and we have launched a campaign seeking donations and volunteers in order to finish them by April. 64 individuals and organizations have already committed $9~200 toward our goal of $15,000. To volunteerormake a contribution, please fill out and send the response form on Page Three. Pete Seeger Headlines Benefit Concert April 27 Veteran activist and folksinger Pete Seeger will make a rare appearance in the Northwest, performing in concert at Benson High School Auditorium in Portland on Wednesday, April 27th at 7:30 PM. General admision tickets will be $15 and go on sale through FASTIXX outlets in February. All proceeds support PCUN's organizing efforts. , Joining Pete in a rare Northwest appearance will be his grandson, TaG Rodriguez Seeger, and other artists. They will also participate in the dedication of PCUN's hall on April 28th. Pete has been backing farmworkers since the very beginning of his career. His first concert was the "Grapes of Wrath" benefit for California farmworkers in 1940. Pete also frequently performed in support of the United Farm Workers and the grape and lettuce boycotts, as well as farmworker organizing in Ohio. Producing such an event will require the participation of many supporters. We urge all who are interested in helping to complete and return the response form on Page Three. More concert details will follow as the event approaches. Special thanks to Susan Wheeler for her role in arranging Pete's appearance. · In this issue, we provide a brief sketch of the Risbergs and present our views on the significance of naming a farmworker hall for two Jewish immigrant workers. · 10G MEMO TO: FROM: SUBJ.: DATE: Mayor and City Council Chris Childs, City Administrator ~ Increase in Mileaqe Reimbursement Rate March 18, 1994 RECOMMENDATION: That Council, by motion, increase authorized mileage reimbursement rate to 25 cents per mile, effective with city-related travel occurring on or after April 1, 1994. BA(~KGROUND: The mileage reimbursement rate for use of personal vehicles on official city-connected business is presently 20 cents per mile. This rate was established at least ten years ago. By comparison, the 1994 IRS mileage allowance for business-related travel is 29 cents per mile, up from 28 cents in 1993. RSVP and Dial-A-Ride volunteers have been reimbursed at 24 cents per mile for. several years. This change will apply to all city employees and officers who may have occasion to utilize their personal vehicle for travel on official city business, Council or Planning Commission members when traveling to training, conferences or other official business, and volunteer drivers in the Dial-A-Ride and RSVP programs. Dial-A-Ride has historically reimbursed at the same rate as RSVP, since many of those involved are participants in both programs, and RSVP policy states that program volunteers should be reimbursed at a rate at least equal to paid staff of the sponsoring organization (the city). Fiscal impact from this action is expected to be minimal. Several of the larger city departments routinely utilize city-owned automobiles for business travel, but others do not have such vehicles available and must use their personal cars. The one cent increase this would represent for Dial-A-Ride and RSVP equates to potential additional yearly costs of ~500 and $250, respectively. The administrators of both programs have advised me that this will be a manageable budgetary impact. Similarly, all departments have been reminded that anticipated travel needs during the remainder of the fiscal year must be balanced against the increased mileage reimbursement rate to remain within departmental budgets for this purpose. IOH MEMO TO: FROM: SUBJ.: Mayor and City Council Chris Childs, City Administrator WQrkshoo "Conversation" with Woodburn School Board DATE: March 22, 1994 The Board of Directors of the Woodburn School District has requested to meet with the Mayor and City Council in an informal workshop atmosphere to discuss various issues of mutual concern. Apparently the school board has already had similar "conversations" with the Senior Estates board and area leaders in the banking industry. A suggested date for such a meeting would be Wednesday. Aoril 13. 1994. 7:00 p.m,, City Hall Council Chambers. Although informal in nature, this meeting would be subject to customary public meeting laws. Council direction is requested regarding confirmation of this meeting and date with school officials. 101 MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Director ~~ Workshop on Wastewater Options March 24, 1994 A council workshop in which CH2M Hill and staff will provide information on big picture options is scheduled for April 19, 1994 at 7:00 p.m. in the City Hall Council Chambers. Please let staff know if this is a suitable date and acceptable to the council. GST:Ig MEMO 1 5A TO: FROM: SUBJ.: DATE: Mayor and City Council Chris Childs, City Administrator "Quake 'X' '94 Disaster Exercise March 15, 1994 In recent council meetings, staff has made reference to progress being made on revamping the citywide Emergency Disaster Plan. Periodic reference has also been made to an upcoming statewide mock disaster exercise, known as Quake "X" '94. It is anticipated that considerable statewide publicity will accompany this event. Coming up with the new disaster plan has been a project of major proportions for city staff; likely one of the most significant tasks undertaken in the past year. We are within just weeks of achieving a "proposed final draft" copy of the document for review by each department head and, subsequently, by the council. The city of Woodburn will not be in a position to participatb in Quake "X" '94. Besides the finalization of the disaster plan document, it will be necessary for each department to develop individual protocols for implementation of the plan and a considerable amount of staff training and familiarization will then be required. These details cannot realistically be completed prior to the Quake "X" '94 exercise. Although common sense and the principles contained in the draft plan would likely carry us through a "real" event, participation in a major exercise at this time without a fully implemented plan would be chaotic and an unwise use of city resources. Staff has determined that such an exercise is necessary to test and fine-tune our plan. Woodburn Fire District and Marion County Emergency Services are supportive of a joint local mock disaster exercise, most likely in late summer or early fall. Staff will keep the council informed in this regard, as participation and involvement by both the mayor and council is crucial to the success of our plan. TO: FROM: SUBJ.: DATE: MEMO Mayor and City Council Chris Childs, City Administrator L,0,C. Reqional Meetinqs March 22, 1994 15B The League of Oregon Cities is conducting a series of regional meetings on issues of interest or concern to cities. As can be seen by the accompanying agenda, a broad range of topics will be covered. The nearest of these meetings will be in Beaverton on Tuesday, April 12, 1994. The all-day session runs from 9:30 a.m.'to 4:15 p.m. I plan to attend and encourage any interested Council member or city department head to do likewise. We can pool transportation as appropriate. As there is a small registration fee and an advance registration deadline for this meeting, it is requested that anyone interested in attending please contact me no later than Monday, April 4, 1994. MEMO 15C TO: FROM: SUBJECT: DATE: City Council through the City Administrator for Information Wastewater Treatment Plant Superintendent DEQ Summer 1994 Household Hazardous Waste Collection Event March 23, 1994 Public Works, in an effort to reduce water pollution, applied to DEQ for a Household Hazardous Waste Collection Event. The city's application was one of seven selected (see attached letter). The city will be responsible for publicizing the event for the Woodburn area, finding a collection site, and manning the site. Volunteers will be organized and trained to assist in the event. Silverton, Monitor, Gervais, St. Paul, Hubbard, Donald and Aurora have been invited to participate in the event. DEQ will provide trained collection personnel and pay for waste disposal. An initial organizational meeting for this event will be held on March 29, 1994 at 1:30 p.m. at the Woodburn Fire District meeting room at 1776 Newberg Highway. Council will continue to be updated on preparations for this event. RR:Ig Attachment HAZARD.UAS Frank Sinclair Woodbum Wastewater Treatment Plant 2815 Molalla Road Woodburn, OR 97071 March 4, 1994 DEPARTMENT ENVIRONMENTAI QUALITY Re: Selection of Summer 1994 Household Hazardous Waste Collection Events Dear Mr. Sinclair: The city of Woodburn has been selected for a DEQ Household Hazardous Waste Collection Event this summer. DEQ received 11 applications, however, due to budgetary limitations, we were only able to select seven sites for collection events this summer. The other applicants selected are Baker City, Klamath Falls, Columbia County, Roseburg, Cottage Grove and Lincoln City. The date for the collection event will be dete ~rmined in the next four to siX woe, ks. I have enclosed a (~uido on Household H~7~rdou$ Waste Collection Events which we hope g, ill answer some of your questions and provide assistance as you begin to plan for the event. Please read the Guide carefully, especially with regard to publicity. I look forward to meeting with you soon to begin preparations for the collection event. If you have any questions, please call me (229-5106). Sincerely, Maggie Conley Household Hazardous Waste Coordinator Waste Management and Cleanup Division MC:k RECY~LTR\YK4809 Enclosure 811 SW Sixth Avenue Portland, OR 97204-13 (503) 229-5696 TDD (503) 229-6993 DEQ-1 WOODBURN PUBLIC. LIBRARY 280 GARFIELD STREET WOODBURN, OREGON 97071'4696 503-982-5252/5263 OR FAX.' 503-982-5258 15D MEMORANDUM TO: FROM: DATE: RE: Mayor and City Council through Chris Childs, City Administrator LINDA SPRAUER, LIBRARY DIRECTOR./~//~ Mamh 24, 1994 Sunday Houm at the Library The experiment with having the library open on Sunday afternoons is a resounding success. The following chart shows the usage pattern, with only one Sunday left in the three (3) month trial period: ' Total Circulation Number of Patrons Number of Holds January 9, 1994 114 37 8 January 16, 1994 108 34 8 January 23, 1994 244 65 11 January 30, 1994 234 61 9 February 6, 1994 272 67 5 February 13, 1994 228 52 21 February 20, lg94 193 55 3 February 27, 1994 319 73 15 March 6, 1994 168 51 15 March 13, 1994 177 47 10 March 20, 1994 221 64 8 March 27, 1994 TOTALS 2278 606 113 AVERAGE 207.09 55.09 10.27 I am certain that the citizens of Woodbum will be anxiously waiting for the Sunday houm to resume in the fall. The funds have been budgeted for Sunday houm at the library for a total of six (6) months during next fiscal year. The exact dates have not yet been established. MEMO TO: FROM: SUBJECT: DATE: Mayor and City Council through City Administrator Community Development Director SLG Building Official's Responsibilities March 23, 1994 15E This fiscal year your Building Official has had the responsibility of inspecting over $18,000,000 in new construction or building alternations. He is also involved in the Planning Department's site plan and subdivision review process and oftentimes works with the Code Enforcement Department on various multiple code violations. As for his qualifications, they are as follows: Structural "A" Level Certified Responsible for inspection of all single, multifamily, commercial, and industrial structures. Plans Examiner "B" Level Certified Reviews Dlans for structures up to 4,000 square feet or up to'.20 feet in height. An "A" Level Plans Examiner (Marion County) must ~ for fire, life and safety for structures greater than 20 feet in height or 4,000 square feet. However, our Building Official insoects all structures. Mechanical "C" Level Certified Reviews and in~oects all furnace, air conditioning, wood stoves, and duct work for all structures 4,000 square feet or 20 feet in height, tnsoects, but Marion County reviews anything over that size. Mobile Home Certified Responsible for review and insoection of all trailer placement in mobile home parks. Manufactured Home Certified Responsible for review and inspection of all manufactured home placement. Our Building Official is also Certified under the National Council of American Building Officials (CABO) as it relates to structural, plans review, and mechanical. BLDGOFC.CC 15F MEMO TO: THROUGH: FROM : DATE : SUBJECT: Mayor and City Council City Administrator Childs Mary Tennant city Recorder March 24, 1994 Special Election - Swimming Pool Bond Issue As of this date, the final unofficial results of the March 22nd special election is as follows: YES VOTES 2,015 NO VOTES 1,762 The breakdown of votes by precinct will not be available until the abstract of votes is certified by the County Elections Office. Even though the County has 20 days in which to certify the results, it is anticipated that the abstract of votes will be completed by the first part of next week. ', ~