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Agenda - 05/23/1994 CITY OF WOODBURN 270 MONTGOMERY STREET ° °** WOODBURN, OREGON AGENDA WOODBURN CITY COUNCIL MAY 23, 1994 - 7:00 PM e ag A. Council minutes of May 4, 1994 special meeting and May 9, 1994 regular and executive meetings. B. Planning Commission minutes of April 28, 1994. ANNOUNCEMENTS: A. Special Council meeting:~ 24, 1994 - 12:30 om to review bond sale Transportation Task Force: May 26, 1994 at 7:00 pm. Wastewater Advisory Committee Open House regarding wastewater issues June 6. 1994 from 4:00 om to 8:00 om at Woodburn City Hall. PROCLAMATIONS D. VFW Buddy Poppy Sale: May 26, 27 and 28, 1994. A. Chamber of Commerce B. Other Committees A. Written (This allows public to Introduce items for Council consideration not already scheduled on the agenda.) A. Continuation of hearing: SPR 94-01 & VAR 94-03; Sandwich Express. ~A 3B 4D 8A A. Council Bill No. 1543 Ordinance setting juvenile curfews. Be Council Bill No. 1544 Resolution entering into agreement with Portland State University for census. 10A 1OB Page 1 - Agenda, Woodburn City Council, May 23, 1994. Ce K. L. M. Council Bill No. 1546 - Resolution authorizing agreement for unemployment insurance consultant services. 1 Council Bill No. 1547 - Resolution setting a public hearing on annexations of property located on Parr Road. 10D Insurance agent of record selection. 1 Servicenter utility payment options. 10F Request for insurance coverage and use of sound amplification. equipment for the July 4th celebration, lOG Acceptance of public right-of-way in conjunction with Country Club Road realignment. 1OH Acceptance of utility easement in conjunction with Country Club Road realignment. Request for street closure for Settlemier Days activities. Liquor license application: Members Club (Tukwila). Bid Award: Legion Park picnic shelter. Recognition of long-term RSVP volunteers. 14. A. Kilroy Storage and Sales Lot. 15. A. Notice of Transportation Growth Management Grant award. B. Open house on wastewater treatment facility options. C. Status of Stacy Allison street lighting. D. Informational memo/Burley vs. City of Woodburn. E. Police Cadet downtown cleanup. F. Completion of Park Department utility/shop building. G. Transit route and Dial-A-Ride schedule changes. H. Clarification of street tree pruning and removal standards. I. Final unofficial election results. J. Police Department HVAC system. 16. 17. 101 lOJ 1OK IOL 1OM 14A 15A 15B 15C 15D 15E 15F 15H 151 15J Pagc 2 - Agend~t, Woodbum City Council, May 23, 1994. 3A SPECIAL COUNCIL MEETING MINUTES May 4, 1994 TAPE READING OO01 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MAY 4, 1994. OOO3 ~ The Council met in a special meeting at 7:00 p.m. with Mayor Kelley presiding. 0008 ROLL CALL. Mayor Kelley Present Councilor Figley Present Councilor Galvin Present Councilor Hagenauer Present Councilor Jennings Present Councilor Mitchell Present Councilor Sifuentez Present 0025 0106 Staff Present: City Administrator Childs, City Attorney Shields, City Recorder Tennant Mayor Kelley advised the Council that he had called the meeting for the purpose of discussing the timelines of the budget process as it relates to the public hearing and subsequent levy election. He objected to conducting the budget hearing on May 9th since absolute compliance with Budget law had not been followed. Additionally, he felt that the levy should not have been placed on the ballot since the public did not have an opportunity to express their views prior to the Council adopting the ordinance calling for the special election. Councilor Figley expressed her opinion that the public had ample opportunity to voice their opinions during the Budget Committee meetings and the levy amount was approved by the Budget Committee as part of the total budget. Mayor Kelley felt that the City was not in compliance with Local Budget Law, since the levy was placed on the ballot before the public hearing was held before the Council. He referred to a copy of a flow chart recommended by the Department of Revenue. Attorney Shields stated that Local Budget Law and the Levy process were two separate issues. There are no requirements that a public hearing on a levy amount is required before it is submitted to the voters. Page I - Special CoUncil Meeting Minutes, May 4, 1994 TAPE READING 1162 SPECIAL COUNCIL MEETING MINUTES May 4, 1994- Recorder Tennant stated that in her discussions with the Department of Revenue, the Budget Analyst confirmed the fact that the issues are separate and levies can be placed on the ballot either before, during, or after the Budget Committee process. The state law requires substantial compliance and, in exploring this issue, it was his opinion that the City would be in substanti,31 compliance as long as another notice of the public hearing was published at least 8 days prior to the hearing before the Council with additional information in the notice regarding the publication of the Financial Notice and Summary. Since the City still had time before the adoption of the budget, absolute compliance would be the republication of the required notices and holding the hearing on the specified date. It would cost the City approximately $1,135 to republish the notices and staff felt that substantial compliance had been met resulting in an approximate cost of $40 for the extra publication. Attorney Shields that anyone can bring an argument of compliance before the tax court. He explained the difference between absolute and substantial compliance and advised the Council that if they had any concerns regarding substantial compliance then they should authorize the republication of the financial summary. Mayor Kelley stated that he had called the Department of Revenue and talked to Budget Analyst Ms. Colson who told him that the City would not be in compliance and republication is required. Further discussion was held regarding due diligence of process and the question of absolute versus substantial compliance. Attorney Shields stated that the safest course would be to re-publish. In any event, the Council could hold the hearing on May 9th as scheduled which is before the levy election then authorize the republication of the summary and hold another hearing on June 13th. As in the past, the budget would be adopted at the last meeting in June. Administrator Childs stated that the hearing before the Council is a review process of the budget document as approved by the Budget Committee. The hearing is on the total budget and not on the levy before the voters, even though the levy funds a small portion of the total city budget. Brief discussion was then held on the attorney's comments and whether or not authorization should be given to expend the additional funds. Mayor Kelley expressed his opinion that the funds should be spent and insure absolute compliance with Budget law. MITCHELL/FIGLEY .... accept the Attorney's opinion and stay with the procedure providing for substantial compliance. Page 2 - Special Council Meeting Minutes, May 4, 1994 3A TAPE READING 1841 2016 SPECIAL COUNCIL MEETING MINUTES May 4, 1994 Attorney Shields restated his opinion that substantial compliance has been met. Administrator Childs also expressed his opinion that the City was in substantial compliance but he was willing to contact the Department of Revenue to clarify their advice to the City and prepare a staff report on his findings at the next meeting. On roll call vote, the motion passed unanimously. Mayor Kelley stated that the governing body should work together to minimize citizen concerns about facts and figures. He referred to a recent broadcast of "Let's Communicate" in which Councilor's Figley and Jennings, and Terry Will participated in the program and gave misinformation to the public on the status of the budget and the amount of the budget. Councilors Jennings and Figley objected to the statements made by Mayor Kelley. ADJOURNMENT. JENNINGS/FIGLEY .... adjourn the special meeting. unanimously. The meeting adjourned at 8:03 p.m.. The motion passed APPROVED LEN KELLEY, MAYOR ATTEST, Mary Tennant, Recorder City of Woodburn, Oregon Page 3 - Special Council Meeting Minutes, May 4, 1994 TAPE READING 0001 0013 002O 004~ 0063 oo83 DATE. COUNCIL MEETING MINUTES May 9, 1994 COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MAY 9, 1994. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kelley presiding. 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, Public Works Director Tiwari, Community Development Director Goeckritz, Police Chief Wright, Public Works Manager Rohman, Library Director Sprauer, Finance Director Gritta, 9-1-1 Communications Manager Wolf, City Recorder Tennant MINUTES. JENNINGS/FIGLEY .... Council minutes of April 25, 1994 and workshop minutes of April 19, 1994 be approved; and accept the Planning Commission minutes of April 14, 1994 and Library Board minutes of April 27, 1994. The motion passed unanimously. APPOINTMENTS - RSVP ADVISORY COUNCIL. Mayor Kelley appointed Councilor Joe Galvin to replace Councilor Elida Sifuentez on the RSVP Advisory Council. JENNINGS/FIGLEY... appointment be accepted. The motion passed unanimously. ANNOUNCEMENTS · On Tuesday, May 10, 7:00 p.m., at the Woodburn Public Library, a slide/lecture program will be presented by Artist/naturalist John Pitcher. In addition, Dr. Larry Davis will receive a recognition award for his major donation of art prints to the Library. Invitations were given to the Mayor and Council to attend an event featuring the Rose Festival Court at Cascade Retirement Center on Thursday, May 12, 3:15 p.m.. PROCLAMATION - PEACE OFFICERS MEMORIAL WEEK, Mayor Kelley proclaimed May 9-13, 1994 as Police Officers Memorial Week. 3A Page I - Council Meeting Minutes, May 9, 1994 TAPE READING 0094 0107 0157 0218 0350 COUNCIL MEETING MINUTES May 9, 1994 3A MEETING /%NNOUNCEMENTS. The Wastewater Advisory Committee will hold their next meeting on Tuesday, May 17th, 7:00 p.m., at Woodburn City Hall. The Transportation Task Force meets on the third Thursday of every month with the next meeting scheduled for May 19, 1994, 7:00 p.m., at Woodburn City Hall. CHAMBER OF COMMERCE REPORT. ~ Tony Orlandini, representing the Chamber, stated that thenext Chamber monthly forum is scheduled for May 20th, 12:00 noon, at Yum Wah's Restaurant. Guest speaker will be Ron Hewitt from the Chemeketa Training Center. On Friday, May 13th, the Woodburn Veterinary Clinic will host the Greeter's Program at 7:30 a.m.. Additionally, the Chamber Board is organizing a Business Fair to give local businesses an opportunity to show their products to the community at large. This event is tentatively scheduled for sometime in September. LETTER FROM L~W ENFORCF. M_~NT GANG COMMITTEE. Administrator Childs read the letter from the Committee advising the Council of there work since the last gang forum such as working with businesses regarding the sale of spray paint and a draft Public Nuisance ordinance for businesses and private residences. ~ETTER FROM TERRY WILL R~ TREE REMOVAL WITHIN PUBLIC RIGHT- OF-WAY. Mayor Kelley read a letter from Terry Will expressing his concern about an apparent double standard that is used in the trimming and/or removal of trees within the public right-of- way. He cited two situations in which trees were removed, one of which public works was notified of the pending tree removal but no permit was ever issued. He stated that when he applied for a permit in 1989 to remove a tree, he was required to obtain an arborist report to verify that the tree was diseased since the tree could only be removed if it was diseased or dangerous. He requested city reimbursement of approximately $2500 due to the City's failure to follow its own rules regarding the tree removal permit process. Councilor Jennings expressed his opinion that Mr. Will may have a right to the claim if different standards are being followed and he suggested that a staff report be submitted to the Council on this issue. Mayor Kelley requested staff to proceed with preparation of a staff report. Estella Garza, interpreter for Mr. Garcia, stated that Mr. Garcia owns the building on N. Front Street next to Steen's Jewelry in the downtown historic district. Mr. Garcia questions if he can re-open the pool hall which had been at Page 2 - Council Meeting Minutes, May 9, 1994 TAPE READING 0668 0795 COUNCIL MEETING MINUTES May 9, 1994 3A the location prior to the March 1993 earthquake. She stated that the Community Development Director has not provided Mr. Garcia with any information nor has he received any assistance from the Director on this issue. Director Goeckritz stated that a pool hall is a non-conforming use under Chapter 40 of the Zoning Ordinance. The building is located in the downtown historic district. A grandfather clause within the ordinance allowed the business to remain at its location, however, rights allowed under the grandfathe~ clause terminate once the non-conforming activity at the business ceases. The owner had one year in which to reconstruct the building and re-open the business. The building was reconstructed last summer, however, it was designed for office sites. Ms. Garza stated that Mr. Garcia did not understand how his building could be considered as part of the historic zone when it has never been registered within a historic registration at the state or federal level. Director Goeckritz stated that Mr. Garcia's building is one of many buildings designated within the City's Historic District and is included in the local designation on the City's Comprehensive Plan. Registration of a building with the state or federal historic registry is not a requirement as to whether or not the building is included in the City's Historic District. Mike Doud, 1059 N. Front St., stated that he has lived at this address over approximately 4 years and has complained periodically to the Police Department about the speeding on N. Front Street and the drug/prostitution problem in the neighborhood park which abuts his property. He expressed his frustration in not getting the Police Department to listen to his concerns and take appropriate action. He was also upset with the fact that the Cinco De Mayo celebration received a sound amplification permit and the City staff did not follow through on notifying all affected parties of the time limitations placed on the permit. Councilor Jennings suggested that this issue be discussed later in the meeting. JENNINGS/SIFUENTEZ .... staff be instructed to republish the 1994-95 budget financial summary and an additional hearing date be set in conformance with the law. Councilor Jennings stated that he did not want the question of substantial compliance versus absolute compliance to turn into a political situation. Councilor Figley stated that she was in full support of the budget and would reluctantly vote in favor of the republication to protect the budget document. Councilor Mitchell stated that republication of the financial summary will still not make it lawsuit proof, however, he felt Page 3 - Council Meeting Minutes, May 9, 1994 TAPE READING 0885 1~48 COUNCIL MEETING MINUTES May 9, 1994 3A it is necessary to hold another hearing as a precautionary measure. On roll call vote, the motion passed unanimously. PUBLIC HEARING - 1994-95 CITY BUDGET. Mayor Kelley opened the public hearing at 7:30 p.m.. He also stated that another hearing on the budget would be held in the near future. Administrator Childs reviewed the staff report which provided information on budgetary revenues and appropriations for all funds, including State Revenue Sharing. He reviewed the property tax support which would be required to meet the level of appropriations approved by the Budget Committee. The total levy authority proposed by the Budget Committee (excludes bonded indebtedness) is $2,886,931 which is 6% over the current levy authority. In addition, recent passage of the Swimming Pool bond issue will increase the total taxes levied on the property tax roll, however, it is unknown as to the actual amount until the bonds are sold later this month. He reviewed the personnel changes and capital improvements proposed in the budget document. The total 1994-95 budget for all city funds is $17,481,759. No one in the audience provided any public input on the proposed budget document. The public hearing closed at 7:43 p.m.. It was noted that the next public hearing will be held on June 13, 1994. VARIANCE f94-03. Mayor Kelley declared the public hearing open at 7:44 p.m.. Recorder Tennant read the land use statement as required by ORS 197.763 which outlines approval criteria and advising persons in attendance at the hearing of certain rights and duties. Community Development Director Goeckritz submitted the following exhibits into the record: Exhibit A - Staff Report prepared March 17, 1994; and Exhibit B - Wallace W. Lien Appeal dated April 1, 1994, ODOT Correspondence dated March 17, 1994, and Staff Addendum dated April 3, 1994. On March 24, 1994, the Planning Commission approved a variance request to the landscaping standards and acknowledged staff's administrative approval of a 1,950 square foot building which would house a Sandwich Express business. The building would be located near the Hwy. 214/Oregon Way/Country Club Road intersection which is the area under discussion for a roadway realignment. Director Goeckritz stated that the developer had submitted two options, one of which would require a landscaping variance by decreasing the planting strip between the property line and public right-of-way from 10 foot to 5 Page 4 - Council Meeting Minutes, May 9, 1994 TAPE READING 2187 3030 COUNCIL MEETING MINUTES May 9, 1994 3A foot (option $1). In Attorney Lien's letter of appeal, he cited violation of the Transportation Goals and Policies of the Woodburn Comprehensive Plan. Director Goeckritz stated that ODOT will permit a right-turn egress onto Highway 214 but not a right-turn ingress. He also stated that the State Transportation Rule is not a factor unless there is a request for a change of zone. In his opinion, small eatery establishments generate limited traffic. Arthur Hill, representative of Sandwich Express, stated t~at the landscaping variance will not be required if option 2 (site plan that provides for the realignment of the roadway) is allowed since two parking stalls can be changed to compact car parking stalls therefore eliminating the need for the variance. He stated that the establishment would be a Victorian House design and it would bring credit to the community. Dorothy Senatra, 1600 Country Club Circle, stated that she was not in favor of more traffic on Highway 214, however,' if the street changes do occur and the traffic signal installed, she requested that the traffic signal be audible for blind or impaired vision pedestrians. Mrs. Stigerts, 966 Oregon Way, questioned if the oil tanks would be removed before a building permit is issued. She also stated that she has a large sugargum tree located within the right-of-way which provides shade to her home during the summer months and her intent is to save the tree if the roadway realignment does occur. Fred Jackson, representing Kentucky Fried Chicken, stated that he did not object to a new business in the area, however, he was concerned about issues that would directly affect his business such-as the flow of traffic and replacement of signage. He also stated that several seniors had asked him to address the realignment issue since they are concerned about increased traffic going through their neighborhood. Public Works Director Tiwari stated that the entrance to Fairway Plaza which is located directly across from Rainier Road will be closed if the roadway realignment is completed. A public hearing will take place when the street vacation is before the City Council. Mr. Jackson stated that he is willing to work with the City, however, he does not want to incur additional costs in replacing signage that has just been installed. Orin Thomas, 2136 Rainier Road, stated that he likes the barricade currently in place and he did not feel that another restaurant was necessary. Additionally, the realignment will cause more traffic and he would prefer the quietness that now exists with the barricade in place. Don Mixell, 799 Oregon Way, questioned if the building on the property was going to be torn down and if a barrier would be installed along the Thomas's property line. Councilor Jennings stated that he had previously met with the Page 5 - Council Meeting Minutes, May 9, 1994 TAPE READING Tape 2 0113 231 O53O COUNCIL MEETING MINUTES May 9, 1994 3A Thomas's on another issue and that Mrs. Thomas had told him that she did not want her view blocked by a barrier. Shirley Mixell, 799 Oregon Way, stated that SENA had asked for and been denied for a continuance of the hearing at the Planning Commission level. She stated that the public hearing was required since the developer was proposing a variance on the landscape standard. In regards to the realignment, nq consideration has been given to the neighborhood and she ~elt that Mr. Thomas will have more traffic flow near his home. She also stated that if the purpose of the realignment was to improve the intersection, then having a egress less than 50 feet away from the light will create more problems then it will solve. Mark Shipman, Attorney representing SENA, stated that the procedural notice was defective in that it did not specifically address Chapter 11 regarding Site Plan Review. Therefore, he requested an automatic continuance of the hearing. Additionally, he felt that the developer should formally withdraw option ~1 or the Council needs to rule on both alternatives. Director Goeckritz informed the Council that the applicant has already withdrawn option #1 at the Planning Commission level. Attorney Shipman expressed opposition to the site plan since, in his opinion, it did not meet the criteria addressed by staff and a traffic study should be initiated with the end result being that access to Highway 214 would be prohibited. If the Council did not elect to continue the hearing, he requested to have the record remain open for an additional 7 days. Attorney Shields stated that the notice does not provide specific reference to Chapter 11 even though it clearly mentions site plan review on the notice. In order to protect the record and future Council decision, he recommended that the hearing be continued to the next meeting. Councilor Jennings questioned if the applicant wants to move the building in order to eliminate the variance, would they need to submit a new site plan and follow through the regular process. Following some discussion on this question, the Council, Attorney Shields stated that the Council should continue to take testimony at this meeting, continue the hearing, and allow him to do additional research on this issue prior to the next meeting. Virginia Hunt, 781 Oregon Way, questioned if the gas station would be torn down and a new building built in its place. Public Works Director Tiwari answered questions that had been brought to the Council's attention. He stated that if option #2 is accepted as proposed, the gas station will be completely Page 6 - Council Meeting Minutes, May 9, 1994 COUNCIL MEETING MINUTES May 9, 1994 TAPE READING removed and a new building will be put in its place. In regards to the audible traffic signal, he had previously discussed this issue with Ms. Senatra and has subsequently passed the information onto the State. This type of signal will most likely be installed if the road realignment project is approved. In regards to the tree on Oregon Way, the engineering plan calls for left turn lanes on both Country Club Road and Oregon Way. The City will most likely need ~o use another 2.5 feet of existing right-of-way, however, i% may be possible to adjust the existing plan in order to save the tree. He also briefly discussed the proposed access onto Highway 214 which has been approved by the State Highway Department. He stated that entrance into the establishment will not be allowed from Highway 214, however, exiting the property with a right-turn only is acceptable since the traffic signal will give a break in the traffic flow. 0969 1030 1063 JENNINGS/FIGLEY ..... continue the public hearing until May 23, 1994. On roll call vote, the motion passed unanimously. The meeting recessed at 8:59 p.m. and reconvened at 9:07 p.m.. COUNCIL BILL 1538 - ORDINANCE VACATING COUNTRY CLUB RO~TM RIGHT-OF-WAX AND EASEMENT AND REDEDICATION OF RIGHT-OF-WAy (T~w~LA D~v~LOPMENT)~ Council Bill 1538 was introduced by Councilor Hagenauer. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kelley declared Council Bill 1538 duly passed. COUNCIL BILL ;$39 - RESOLUTION A THORIZINQ P RSON SERV CE AGREEMENT WITH DON CAREY AND ASSOCIATES FOR DESIGN AND~ CONSTRUCTION OF AOUATIC CENTE~. council Bill 1539 was introduced by Hagenauer. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1539 passed 5-0-1 with Councilor Mitchell abstaining. Mayor Kelley declared Councll Bill 1539 duly passed. COUNCIL BILL ~540 - RESOLUTION AUTHORISING SALE OF GENER~T. OBLIGATION BONDS FOR THE CONSTRUCTION OF A SW!--HMING pOO?. COMPLEX. Councilor Hagenauer introduced Council Bill 1540. The bill was read by title only since there were no objections from the Council. Due to the uncertainty of construction costs, the bond sale would be for the full amount authorized by the voters. A variety of options exist that would provide some relief on property taxes in the event there is a surplus of funds following the completion of the project. Staff recommendation would be to apply any surplus towards bond principal and Page 7 - Council Meeting Minutes, May 9, 1994 3A TAPE READING 1200 1231 1259 1413 1437 COUNCIL MEETING MINUTES May 9, 1994 interest payments in any or all of the second through fourth years. The City will need to levy the full amount as approved by the Budget Committee in fiscal year 1994-95 to insure collection of sufficient funds for bond principal and interest payments due June 1, 1995. Following a brief discussion, a roll call vote was taken for final passage. The vote was 5-0- 1 with Councilor Mitchell abstaining. Mayor Kelley declared the Council Bill 1540 duly passed. COUNCIL BILL 1541 - RESOLUTION SETTING A PUBLIC HEARING WHETHER TO VACATE a PORTION OF PUBDIC RIGHT-OF-WAY NEAR INTERSECTION OF HIGHWAY 2~4/COUNTR¥ CLUB ROAD/RAINIER ROAD, Council Bill 1541 was introduced by Hagenauer. Recorder Tennant read by 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 1541 duly passed. INS~]~ANCE AGENT OF RECORD SELECTION PROCESS, A staff memorandum recommended that a Councilor be designated to assist the staff in evaluating applications for the City's Agent of Record. JENNINGS/FIGLEY .... designate Councilor Magenauer to assist the staff with the Agent of Record process. The motion passed unanimously. REOUEST FOR USE OF SO~ND AMPLIFICATION EQUIPMENT. Angel Garcia requested permission to use sound amplification equipment on May 14, 1994, between the hours of 6:00 p.m. and 9:30 p.m.. The private party will be held at 218 Oswald Street and will include a performance'by Ballet de Folklorico de Woodburn and music played by a disc jockey. JENNINGS/FIGLEY .... request be approved for Saturday, May 14, between the hours of 6:00 p.m. and 9:30 p.m.. Brief discussion was held regarding the need to review the noise ordinance since it is very general in nature. The motion passed unanimously. CLAIMS FOR THE MONTH OF APRIL 1994. SIFUENTEZ/GALVIN .... approve voucher checks #22452 - #22811 for the month of April 1994. The motion passed unanimously. City Administrator Childs advised the Council that with the passage of Council Bill 1540 (Calling for Bids for General Obligation Bonds), the Council will be required to meet within 4 hours of the bid opening to make a determination on the bids. The bids will be opened on Tuesday, May 24, 1994, at 10:00 a.m.. It was the consensus of the Council to meet at 12:30 p.m. on May 24th. JENNINGS/GALVIN .... publish notice of the meeting. Page 8 - Council Meeting Minutes, May 9, 1994 TAPE READING ~6~7 1671 COUNCIL MEETING MINUTES May 9, 1994 Councilor Jennings stated that the City has been criticized for not providing more notice of meetings and this is one method of making sure the public is aware of the special meeting. On roll call vote, the motion passed unanimously. SITE PLAN REVIEW. (1) Patrick Industries Site Plan Review #94-05, and ~ (2) Fleetwood Industries Site Plan Review #94-06. ~ Councilor Jennings expressed his enthusiasm for the pending projects since they will bring more jobs to the community. action was taken by the Council on either site plan. No STAFF REPORTS. (1) Response from Department of Revenue -- Administrator Childs clarifying the conflicting advice from the Department of Revenue on the public hearing issue. (2) Proposed Juvenile Curfew Ordinance -- The proposed ordinance (which was included in the agenda packet) has been forwarded to the Gang Committee for review. (3) Infrastructure problems: Windfield Estates Subdivision-- In a staff memo, it was noted that the City was not involved with any financial or other agreements between the private parties in regards to the sale of lots. The infrastructure has not met city standards and temporary barricades will again be installed to prohibit public use of the street. The City has written a letter to the subdivision owner advising them that the open utility trenches must be filled and if it is not done by May 16th, the City would hire a contractor to fill the trenches and charge the owners for the work. (4) Settlemier Avenue closure due to water line replacement-- Over the next six weeks, the Water Department will be replacing water lines along Settlemier Avenue between Lincoln Street and Arthur Street. The portion of the street in which is being performed will be closed from approximately 9:00 am to 3:00 pm.. (5) Public Works Week Program -- A schedule of activities for the period of May 16th through May 21st was provided as informational material. (6) Art Donation to Woodburn Public Library -- Dr. Larry Davis has donated a total of 55 art prints to the Library, many of which were done by Artist/naturalist John Pitcher from Washington. A slide/lecture program featuring Mr. Pitcher will be held on Tuesday, May lOth, 7:00 p.m. at the Library. A reception will follow the program and Dr. Davis will receive a recognition award for his contribution to the Library and community. (7) Building Activity Report for April 1994. 3A Page 9 - Council Meeting Minutes, May 9, 1994 TAPE READING 1809 1926 1926 1980 COUNCIL MEETING MINUTES May 9, 1994 Councilor Sifuentez expressed her willingness to participate on a committee to review the noise ordinance. Councilor Figley reminded the public that children are eligible for free immunizations on May 14th at several public clinics one of which is the Salud Medical Center. Councilor Figley also requested that pathways in Senior Estates Park be repaired to prevent injuries to individuals walking in the park. Councilor Jennings expressed his appreciation to the Ms. Senatra for bringing the audible traffic signal request to the Council's attention. EXECUTIVE 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 9:35 p.m. and reconvened the meeting at 9:48 p.m.. ¢0UNCIL BILL 1542 - RESOLUTION ENTERING INTO A PURCHASE AND ~LB AGREEMENT WITH DALE BAKER~NDTIMOTHY BROWN. Council Bill 1542 was introduced by Hagenauer. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1542 passed unanimously. Mayor Kelley declared the bill duly passed. ADJOURNMENT · JENNINGS/SIFUENTEZ .... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:50 p.m.. 3A APPROVED LEN KELLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 10 - Council Meeting Minutes, May 9, 1994 Executive Session COUNCIL MEETING MINUTES May 9, 1994 DATE, CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MAY 9, 1994. CONVENED. The Council met in executive session at 9:38 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. City Attorney Shields reviewed proposed contract language relating to the negotiations for real property located near the Country Club Road/Oregon Way intersection. ADJOURNMENT. The executive session adjourned at 9:50 p.m.. APPROVED LEN KELLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page I - Executive Session, Council Meeting Minutes, May 9, 1994 '3B MINUTES WOODBURN PLANNING COMMISSION APRIL 28, 1994 1) 2) 3) 4) 5) ROLL CALL: Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Staff Present: MINUTES: Mrs. Warzynski Present Mr. Bauer Absent Mrs. Davis Present Mrs. Bjelland Absent Mrs. Henkes Present Mr. Atkinson Present Mr. Finch Present Mr. Pugh Present Mr. Kosikowski Present Steve Goeckritz, Community Development Director Teresa Engeldinger, City Planner The Woodburn Planning Commission minutes of April 14, 1994 were accepted with the following corrections: 1. Page 8, 3rd paragraph, the word "past" should be replaced with "up to the discussion". 2. Page 8, paragraph 7, the word "something" should be replaced with" a response from ODOT". BUSINESS FROM THE AUDIENCE: None COMMUNICATIONS: A City Attorney Memorandum Opinion No. 94-02, Ex parte Contacts PUBLIC HEARING: A. SPR//94-05, VAR 94-04, LLA 94-02 Patrick Industries PCM 4/28/94 SG:bw Staff read the statement necessary to begin the public hearing. Staff read the criteria relevant to this hearing, the Raise or Waive Rule and the Right to Have the Record Remain Open. Staff stated there were three basic proposals. One is the SPR for a 137,000 manufacturing facility. The second is a lot line adjustment agreement between Fleetwood and Patrick Industries. The third is a variance for the driveway, 50' instead of 39'. Patrick Industries is a 19 acre parcel which fronts Highway 99E for approximately 1280 feet. Staff stated that the applicants proposal is a permitted out right use in this zone. It is located north of Sierra Craft. Staff explained the design of the proposal, office, parking, etc. Staff stated t.h. at Patrick Industries, over a period of two or three years, could double its number of employees. The applicant has requested a driveway with right-in, right-out and left turn refuge lanes. The property to the north is vacant land. It will be left vacant and mowed. The cul-de-sac of National Way will give Patrick Industries a second access to their property. Staff stated that in the Planning Commission packets there was a staff report from Darwin Doss that addresses the Comprehensive Plan issues and the Zoning issues. Staff stated that the City felt comfortable with their analysis and their response to the various issues. The Addendum, which addresses driveway access issues, was brought up by staff. Staff gave a brief history of the property. In 1988/89 Miller Brewery representatives approached the city and presented a proposal to make this 43 acres into a Industrial Park subdivision. City agreed that this was a good proposal and worked to make sure that in the future public access to Highway 99E would be available. In 1990 that the State Highway Division began analyzing right of way issues, driveway access, etc. The city went through the process of developing an access agreement with the Highway Division. At that time ODOT had no interest in allowing any access on to 99E from the north UGB (Urban Growth Boundary) all the way down to the Sierra Craft facility. The city believed that in that 1200 feet of distance at least one access point should be provided. The state agreed. Since then the Highway Division has stated that they have purchased the rights to any private access along that 12OO feet of highway. It will take either a request from the city for a public access or a request from the property owner for private access. There is come contention on the part of Miller Brewery and Patrick Industries that this access was not purchased. The contention on the State Highway side is that it was purchased. This will have to be resolved between those two parties. The city was not part of that negotiations. Since then, Patrick Industries has approached the city and asked for a private access on Highway 99E. Staff contacted Mr. Grassman of ODOT and asked for his interpretation if the city could make allowance and change from a public access to a private access. 3B PCM 4128/94 SG :bw 2 3B At that time his tentative response was that it was a possibility. Since that time the State has firmed their position that they do not believe they will provide for private access on to that property. However, the applicant and city do have the opportunity to make application to the State for a public driveway. In the addendum of the staff report there are three basic options. 1) Only a public access is allowed by the State. That the applicant provide a 90 right of way, and in turn improve that right of way from the street to the back portion of their asphalt improved area and dedicate the rest. 2) The applicant be allowed to go ahead an try to secure access for a private driveway from the State Highway. 3) Is one in which the applicant look at potentially a re-design so that he could access from National Way. As far as the proposal, staff h, as recommended approval of the Site Plan, approval of the Variance and appr(xval of the Lot Line Adjustment. Staff stated that the Public Works Director, Frank Tiwari, was available for questions if the Commission so wished his input. Staff also stated that depending on the outcome of Patrick Industries, it would affect Fleetwood's request. Commissioner Kosikowski asked if the State Highway Division had been invited to participate in this hearing. Staff answered yes, that in the memo this letter was to be considered part of the record and their presentation. Chairperson Warzynski asked if the Commission had any say in making a decision on the alternatives. Staff answered yes, the Commission will have to make the determination on which of those three alternatives you will accept. Chairperson Warzynski asked if both Patrick Industries and Fleetwood are going to have access from the National Way cul-de-sac. Staff answered yes, Fleetwood would have two driveway accesses from this cul-de-sac. Commissioner Kosikowski asked recommendations. if the Commission could make Staff answered yes. Commissioner Henkes asked what Patrick Industries would be manufacturing. Staff answered laminated wood materials for cabinets, etc, for manufactured PCM 4/28/94 SG:bw 3 3B homes and travel trailers, etc. The applicant, Darwin Dawson, Salem, representing Patrick Industries, clarified that the property to the south is owned by Fleetwood. They are negotiating at this time. Patrick Industries feel the best option is to secure access from Highway 99E, but to also have the an emergency access from National Way. He stated that none of the options presented in the staff report were viable to Patrick Industries. He suggested another alternative, rather that the city require a shorter street dedication of about 250 feet so that Patrick would have access and the property located to the north would have access if it were developed in the future. He stated that another point Patrick Industries was concerned about was the non remonstrative agreement regarding the traffic signa~ at Industrial Way. They wished some evidence from the city that they are not the only signature on that agreement and be responsible for the whole dollar amount. He was also concerned about customers/clients of Patrick Industries finding the access to their facility with no access on Highway 99E as proposed in the third alternative. Chairperson Warzynski asked Mr. Dawson if he stated that the property located on National Way belonged to Fleetwood? Mr. Dawson answered yes. Commissioner Henkes asked about the signal, where was it to be located. Mr. Dawson answered at Industrial Way. Commissioner Kosikowski asked about public access, he asked how far it would be into the property? Mr. Dawson answered about 250 feet. It would be located 400 ft. south of the north property line. Chairperson Warzynski asked if there was anyone who wished to speak for this proposal. Jane Kanz, Director Woodburn Area Chamber of Commerce, stated that she was in support of both Patrick Industries and Fleetwood projects. She talked about the future of Woodburn in regards to jobs and good companies locating and remaining in Woodburn. John Richards, Fleetwood, stated that Fleetwood would be affected by this proposal. He stated that Fleetwood would not be in support of a through public PCM 4128194 SG:bw '3B access going around the rear of their property. Fleetwood does not like their property adjacent to the public road due to vandalism, etc. Commissioner Kosikowski asked if Fleetwood would oppose the public access of a cul-de-sac 250 feet into Patrick Industries property? Mr. Richards stated no, they would not oppose a cul-de-sac. Chairperson Warzynski asked if there was anyone else who wish to speak for the project? There were none. She then asked if there was anyone in the audience who wished to speak against this proposal? ~ Betty Pierce, Oregon Way, referred to a letter from ODOT dated 4/20/94 stating no access from Hvvy 99E. She was concerned about trucks and Manufactured Homes coming onto Highway 99E. Chairperson Warzynski asked if there was anyone else who wished to speak against this proposal? There were none. The public hearing was closed. Commissioner Kosikowski asked if the Commission had the power to force or subpena the State to show up at these hearings so they could be included in the discussion? He asked Mr. Frank Tiwari, Public Works Director if the state could be forced to attend these hearings? Mr. Tiwari answered that he felt that state had put their case in writing. He stated that the Commission has no jurisdiction in regards to the State highways. Commissioner Pugh asked Mr. Tiwari to clarify the cul-de-sac concept. Mr. Tiwari stated that there was an agreement between the City and State regarding public roads. A public road should function like a public road, which the city must maintain. A private driveway should function as a private driveway that only benefits single development and the city should not have to maintain that access. If a cul-de-sac is put in and is for the benefit of that development only, then due to it being a road the city must maintain it. Commissioner Kosikowski asked what type of maintenance the city would be responsible for? Mr. Tiwari answered that just like any other cul-de-sac in the city, would need to be maintained. PCM 4/28194 SG:bw 5 3B Commissioner Pugh asked if Mr. Tiwari if there would be any difference if there was a private driveway or a cul-de-sac? Mr. Tiwari answered no difference, due to the same amount of traffic using both. He then explained what was meant by controlled access by the state. Chairperson Warzynski asked staff if he could clarify the alternatives listed in the staff report. Staff answered the Commission will decide to require either a cul-de-sac, public street from property line to property line, private driveway, or no access fr.om Highway 99E. , Chairperson Warzynski asked if Nationally was extended without a cul-de-sac would it divide Fleetwood and Patrick Industries on the property line? Staff answered no it would cut through one of the Patrick Industries properties. Commissioner Henkes stated she would like to see this a private driveway at no cost to the city and it would protect Fleetwood. Staff recommended to the Commission that they prioritize the alternatives to the State. Commissioner Pugh stated that this needed more work. He recommended it go back to staff with three Commissioner members for further recommendations to the state. Chairperson Warzynski felt that all the alternatives would be turned down by the state. Staff stated that satisfying all three involved, Patrick Industries, City and State was a job. Staff stated no matter what the Commission recommends it will be negotiate with the state. Commissioner Pugh made the motion to refer this proposal back to staff and a sub-committee of the Commission to work with staff and bring back to the Commission for presentation publicly as soon as possible. The motion died for lack of a second. Commissioner Henkes made the motion to make this a private driveway. PCM 4/28/94 SG:bw 6 The motion died for lack of a second. Commissioner Kosikowski made the motion to recommend to the State Highway Division the alternatives recommended by staff prioritized as they are with one additional alternative, Addendum 1-A the option made by Patrick Industries, a public access 250 ft. with a cul-de-sac. Commissioner Davis seconded the motion. A roll call vote was taken. Chairperson Warzynski - Yes Commissioner Pugh - No Commissioner Kosikowski - Yes Commissioner Henkes - No Commissioner Davis - Yes Commissioner Atkinson - Yes The motion passed. Chairperson Warzynski asked for a motion on the Site Plan Review, Lot Line Adjustment, and the Variance. Staff stated that the variance would only apply if the state accepts the private driveway alternative. Commissioner Kosikowski made the motion to approve the SPR #94-05, VAR //94-04 and LLA//94-02. Commissioner Henkes seconded the motion. A roll call vote was taken: Chairperson Warzynski - Yes Commissioner Henkes - Yes Commissioner Kosikowski - Yes Commissioner Atkinson - Yes Commissioner Pugh - Yes Commissioner Davis - Yes The motion passed. A three minute break was taken. Chairperson Warzynski reopened meeting. 3B PCM 4/28/94 SG:bw 7 3B Commissioner Pugh wished to change his vote from a yes to a no on the last motion approving SPR 94-05, VAR 94-04, and LLA 94-02 B. SPR #94-06 Fleetwood Enterprises. Staff read the statement necessary to open this hearing. Staff read over the relevant criteria for this proposal and the Raise It or Waive It Rule. Staff stated that a correction was necessary on pg. 5, the last paragraph sentence referring to Highway 99E access should be removed. Staff stated that Fleetwood Enterprises had purchased from Miller Brewery a 24 acre parcel with 2 access points off of the National Way cul-de-sac one for employees and the other~ or for storage facilities of the manufactured homes on the back lot. Staff gave a brief history of the property which was owned by Miller Brewery. Staff stated that the applicant wished to add a 48,000 sq. ft. addition to the existing building. Staff did request to have in the record the request that when the developer does future development a 45 ft right-of-way could be dedicated depending on the State's response to Patrick Industries proposal. The applicant, John Richard, 3125 Myers, Riverside, CA. representing Fleetwood Enterprises, stated he was concerned about the possibility of a road being built behind their property in the future. He discussed the facilities already existing in Woodburn. He stated that each facility is responsible for their own financial survival. The new facility will have to be responsible for any and all conditions the Commission request of the facility. He stated that the only objection Fleetwood has is the road to be dedicated behind or to the north of their property. Dave Pollsen, Dave Newton & Associates, 1201 SW 12th, Portland, stated that the city staff had been very cooperative. He stated that generally they agreed with the staff report. He did had a couple of concerns, 1) the non- remonstrative agreement regarding the assessment district. They would like more information. 2) the non-remonstrative agreement for roadway dedication. They would like more information. He wished some of the wording to be used in the staff report be changed. In their application, he had listed Fleetwood objections:. Comprehensive Plan C-8 - he stated that the 90 ft. dedication of right-of-way at the north property line is at the city limit. He felt to dedicate that right-of-way would contradict the Comprehensive Plan. He had a letter from Universal Forest Products, regarding the other 45 ft. right-of-way dedication stating that no new public street was necessary for Universal Forest Products future expansion. Universal Forest Products had some concern that a new road into the industrial park would bring non industrial park traffic trying to avoid the lights at the corner of Hvvy 214 and 99E. Mr. Pollsen had concerns about the drainage easement. If the roadway was constructed with PCM 4/28~94 SG:bw 8 '3B the drainage easement in its current place, a portion of the property would not be able to be developed. Dan O'Roke, 2655 Progress Way, General Manager, Fleetwood Homes, had concerns regarding more traffic. Chairperson Warzynski asked if there was anyone in the audience who wished to speak for this proposal? There were none. She then asked if there was anyone who wished to speak against this proposal. There were none. The public hearing was closed. Staff addressed the applicant's question regrading the future signal at Industrial Way. He explained how the fair share would be reached. Commissioner Kosikowski asked if all of the industrial park would be included in the improvement district. Staff answered yes. Chairperson Warzynski asked if the street issue had to be addressed with this SPR? Staff answered yes, the addendum is the same as Patrick Industries SPR. Commissioner Pugh moved for a continuance until the next Planning Commission meeting. Commissioner Atkinson seconded. A roll call vote was taken: Chairperson Warzynski Commissioner Pugh Commissioner Kosikowski Commissioner Atkinson Commissioner Henkes Commissioner Davis - No - Yes - No - Yes - No - Abstain The motion failed. Mr. John Richards asked if Fleetwood Homes came back in the future with another SPR for expansion couldn't the city request a dedicated right-of-way at that time. PCM 4/28194 SG:bw 9 Staff answered yes. Commissioner Kosikowski made the motion to approve SPR #94-06 with the conditions listed in the staff report and with the stipulation that in any future development of Fleetwood Enterprises in this area a 45 ft. dedication of right- of-way will be required. Commissioner Henkes seconded. A roll call vote was taken: Chairperson Warzynski Commissioner Kosikowski Commissioner Pugh Commissioner Atkinson Commissioner Henkes Commissioner Davis - Yes - Yes - Yes - Yes - Yes - Abstain The motion passed. 3B DISCUSSION: None REPORTS: A. SPR 94-04 US Bank Staff gave administrative approval for a 598 sq. ft. addition. B. Adjustment, Lot #29 Miller Farm Administrative decision to approve. C. Neighborhood Association Information. Staff stated that in the future a joint meeting would be held. PCM 4/28/94 SG:bw 10 3B BUSINESS FROM THE COMMISSION: Commissioner Warzynski had concerns regarding Laurel Avenue septic tanks at properties not annexed into the city. She felt that these pockets of property should be annexed into the city. Commissioner Henkes had some concerns regarding the paving on Brown Street. Staff stated that it was under litigation. ADJOURNMENT: · There being no further business the Planning Commission meeting adjourned. PCM 4/28/94 SG:bw 11 PROCLAMATION 4D~ V F W POPPY SA! FR May 26, 27, 28, 1994 WHEREAS, the annual sale of Buddy Poppies by the Veterans of Foreign Wars of the United States has been officially recognized and endorsed by governmental leaders since 1922; and WHEREAS, V F W Buddy Poppies are assembled by disabled veterans and the proceeds of this worthy fund-raising campaign are used exclusively for the benefit of disabled and needy veterans, widows and orphans of deceased veterans; and WHEREAS, the basic purpose of the annual sale of Buddy Poppies by the Veterans of Foreign Wars is eloquently reflected in the desire to 'Honor the Dead by Helping .the Living;' THEREFORE, I, Len Kelley, Mayor of the City of Woodburn, Oregon hereby urge the citizens of this community to recognize the merits of this cause by contributing to its support through the purchase of Buddy Poppies on May 26, 27 and 28, 1994, the period set aside for the distribution of these symbols of appreciation for the sacrifices of our honored dead. I encourage all patriotic citizens to wear a Buddy Poppy as evidence of our gratitude to the people of this country who have risked their lives in defense of the freedoms which we continue to enjoy as American citizens. City of Woodburn MEMO 8A TO: FROM: SUBJECT: DATE: Mayor and City Council through City Administrator Community Development Director SPR 94-01 and VAR 94-03 Baker & Brown Sandwich Express May 12, 1994 On May 10, 1994 the Planning Department received correspondence from Mr. Arthur Hill, a representative for Sandwich Express, to withdraw their request for Variance 94-03. Staff Recommendation: The City Council acknowledge the applicant's request and add two conditions to the Planning Commission's conditions of approval which would read as follows: Reduce the size of parking spaces (Nos. 4 and 5) on the site Phase Ii from the stall standard of 19' x 9' to a compact car stall standard of 15' x 9' or remove these two parking stalls from the parking inventory. Meet the landscape standards for a five-foot landscape strip adjacent to Country Club Road as prescribed in Section 30.060 of the Woodburn Zoning Ordinance· 14EMOS\$PRVARBB. CCH -1 8A TO: FROM: SUBJECT: DATE: MEMO MAYOR AND CITY COUNCIL THROUGH CITY ADMINISTRATOR PLANNING COMMISSION ~L~ APPEAL TO CITY COUNCIL, SANDWICH EXPRESS SITE PLAN #94-01 AND VARIANCE #94-03 MAY 5, 1994 At their hearing of March 24, 1994 the Planning Commission acknowledged staff's administrative approval of a 1,950 square foot 'Sandwich Express" and approved a request for a variance to the landscaping standards. This action resulted in an appeal by Wallace W. Men, P.C., representing 'Woodburn Senior Estates Neighborhood Association.' His appeal is incorporated in your staff report as Attachment F. Staff's response to that report is incorporated as Attachment G/Addendum. The site plan maps are incorporated as Attachment J. After the public hearing, the Council may reverse or affirm, in whole or in part, the decision of the Planning Commission with any conditions that are appropriate. After Council deliberation, it will be necessary to direct staff, bv motion, to oreoare 8 DrODOSed ordinance, with findin0s and conclusions, for consideration and adoption bv Council at its next meetinq. Arthur Hill 8675 Rogers Road Independence, OR 9?35 ((503) 838-3333 lax: (503) 8.'48-1.~19 May 10,1994 Steve Goeckritz Community Development City of Woodbum 270 Montgomem/St. Woodbum, Oregon 97071 Dear Teresa, This letter is to confirm that we wish to withdraw our request for variance 94-03 on (Option 2) Sandwioh Express SPR 94-01 plans as presented. As I testified in the planning commission hearing last evening, we want to comply with the goals of the planning staff and all codes. The restrictive nature of the dual-phased buildout is no longer in the plan. This will permit the movement of the building approximately 4 rt. west allowing the required 5 ff. green area required. We will reduce the size of the two parking places to compact size to preserve the use of that area as parking. We are agreeable to the condition of approval of our plans of the 5 ft. landsc, apc setback. Thanks again to you and the others at the City of Woodbum. Sincerely, Arthur Hill IOA City of Woodburn Police Department MEMORANDUM 270 Montgomery Street Don Eubank Operations Lieutenant Woodburn, Oregon 97071(503) 982-2345 Ext. 351 Date: May 19, 1994 To: ~C_~ris Childs, City Administrator /~i~or and Council Thru: ~Wright, Chief RE: Law Enforcement Gang Forum Committee Curfew Ordinance Committee Members: Patti Milne Co-chair, Alicia Hernandez Co-chair, Diana Meyer, Pam Harrington, Ricky & Vickie Akins, & Don Eubank Thank you to other citizens who have attended a meeting to give their opinion and input to the committee. In September of 1993 a second city wide Gang Forum was held with the intent on forming work committees. Two (2) Law Enforcement Committees were formed. One committee has been working on Nuisance and Graffiti Ordinances. My committee focused on a Curfew Ordinance with the intent of making parents more responsible and accountable for their children. After approximately eight (8) meetings the committee presented the City Attorney with a draft ordinance. I have had several meetings with the city attorney to discuss the proposed ordinance. The committee and the city attorney have met and discussed the changes he made. After reviewing the "legal" paper and putting the changes made into perspective, the committee is quite satisfied with the final version. We present this Curfew Ordinance to the City Council for consideration. We are confident that with the cooperation of the Municipal Court and the Juvenile Department, services can be made available for families to improve patenting skills, develop individual self esteem and to cultivate life skills needed to survive in todays complicated society. 10A COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE SETTING TIMES FOR JUVENILE CURFEWS, PROVIDING FOR PENALTIES AND DECLARING AN EMERGENCY. WHEREAS, the City of Woodburn is a municipal corporation with a charter and home rule powers, and WHEREAS, Oregon state law vests the City with legal authority to enact local curfew restrictions and regulations which are consistent with state statute and the hours of which are at least as restrictive as those hours allowed by state law, WHEREAS, it is in the interests of the citizens of the City of Woodburn to enact a local juvenile curfew ordinance, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Cu~ew. No minor under the age of 18 years shall be in or upon any street, highway, park, alley, or other public place between the hours specified in Section 2, unless: (a) Such minor is accompanied by a parent, guardian or other person 18 years of age or over and authorized by the parent or by law to have care and custody of the minor; (b} Such minor is then engaged in a lawful pursuit or activity which requires the presence of the minor in such public place during the hours specified in this Ordinance, or (c) The minor is emancipated pursuant to ORS 419B.550 to 419B.558. Section 2. Hours of Curfew. For minors under the age of 16 years, the curfew is between 10:00 p.m. and 6:00 a.m. of the following morning. For minors 16 years of age or older, the curfew is between 12:00 a.m. midnight and 6:00 a.m. of the following morning. Section 3. Responsibility of Parent or Guardian. No parent, guardian, or person having the care and custody of a minor under the age of 18 years shall knowingly or negligently allow such minor to be in or upon any street, highway, park, alley or other public place between the hours specified in Section 2, except as otherwise provided in this Ordinance. For purposes of this section, a person negligently allows a violation Page 1 - COUNCIL BILL NO. ORDINANCE NO. 10A if in the exercise of reasonable diligence the person should have known that a violation would occur. Section 4. Violation bv MinQr. Any minor who violates the provisions of this ordinance may be taken into custody as provided in ORS 419C.080, 419C.085 and 419.088 and may be subjected to further proceedings as provided by law. Section 5. Violation by Parent or Guardian. Violation of Section 3 of this Ordinance is a Class 2 civil infraction with a forfeiture amount not to exceed $250.00. Section 6. This ordinance being necessary for the immediate preservation of the public peace, health end safety, and emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. ~e /~' Approved as to ,orm~~ -~' /'~ z](_ City Attorney Da APPROVED: Len Kelley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page 2 - COUNCILBILLNO. ORDINANCE NO. lOB MEMO TO: Mayor and City Council through City Administrator FROM: Community Development Director SUBJECT: An Agreement with Portland State University Cent, er for Population Research and Census DATE: May 18, 1994 Included with this memo is a resolution, entering into an agreement with Portland State University to complete a city wide population census count. The objective is to obtain accurate population figures. It is anticipated the Woodburn population, based on housing counts and field surveys, reflects a population closer to 16,000 rather than 14,055 estimated by the Population Research and Census Center. The result of this potential increase in the population could represent additional State and Federal revenues in the way of highway, liquor and cigarette taxes to the city. lOB COUNCIL BILL NO. /.~'~ RESOLUTION NO. A RESOLUTION ENTERING INTO AN AGREEMENT WITH PORTLAND STATE UNIVERSITY CENTER FOR POPULATION RESEARCH AND CENSUS. WHEREAS, preliminary census data has established the city of Woodburn's population at 14,055 as of July 1, 1993; and WHEREAS, city staff believes that, based upon housing counts and field surveys, that Woodburn's population is closer to 16,000, and WHEREAS, the population count has a direct impact upon the Woodburn's ability to secure revenue, and WHEREAS, the city council has previously authorized a population census for the purpose of obtaining actual population figures, and WHEREAS, Portland State University Center for Population Research and Census is qualified to perform this census, NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the Mayor is authorized to sign on behalf of the city of Woodburn an agreement with the State of Oregon acting by and through the State Board of Higher Education on behalf of Portland State University, School of Urban and Public Affairs, Center for Population Research and Census. Section 2. and, by this reference, is incorporated herein. Approved as to form:. City Attorney That a copy of said agreement is attached hereto as Exhibit "A' APPROVED: Len Kelley, Mayor Passed by the Council Submitted to the Mayor Page I - COUNCIL BILL NO. RESOLUTION NO. Exhi bi t A Page i of 2 10B AGREEMENT Between the City of Woodburn, hereinafter referred to as the "ORGANIZATION," (a public organization) and the State of Oregon acting by and through the State Board of Higher Education on behalf of Portland State University, School or Urban and Public Affairs, Center for Population Research and Census, hereinafter referred to as the "UNIVERSITY," for the period June 1, 1994 through July 29, 1994. WHEREAS, the ORGANIZATION desires to obtain certain demographic information; NOW, THEREFORE, it is mutually understood and agreed as follows: UNIVERSITY AGREES: 1. To provide the services outlined in the Description of Services which are attached hereto and hereby incorporated into the agreement as Attachment A. 2. To assign necessary professional staff members and hire other personnel necessary for completion of the services outlines in Attachment A. 3. To invoice the ORGANIZATION for services provided based on a rate of $5.00 per inhabitable housing unit, not to exceed $28,000, ORGANIZATION AGREES: 1. To provide office space and equipment as specified in item 8, Attachment A, Description of Services. 2. To encumber or otherwise set aside, pursuant to law, funds in an amount at least equal to the costs of services indicated in item 7, Attachment A, Description of Services. 3. To pay on receipt of invoice actual costs of the survey up to the amount indicated in item 7, Attachment A, Description of Services. UNIVERSITY shall not send an invoice to ORGANIZATION prior to July 1, 1994. Page I - AGREEMENT Exhibit A Page 2 of 2 lOB CITY OF WOODBURN IT IS FURTHER AGREED: That this contract may be terminated with the mutual consent of the ORGANIZATION and the UNIVERSITY. IN WITNESS WHEREOF, said parties have executed this agreement as of the day of ,1994. STATE OF OREGON ACTING BY AND THROUGH THE STATE BOARD ~OF HIGHER EDUCATION ON BEHALF OF PORTLAND STATE UNIVERSITY By: By: Len Kelley, Mayor City of Woodburn Date: Date: Edward Schafer, Director Center for Population Research and Census Attest: Mary Tennant, City Recorder City of Woodburn By: Jay Kenton, Director Business Affairs Date: CONTACTS: Steve Goeckritz City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5246 Charles Rynerson PSU--CENS P.O. Box 751 Portland, Oregon (503) 725-5160 97207 Page 2 - AGREEMENT lOB ATTACHMENT A NOTICE OF WORK Area to be covered: City of Woodburn Dates of Survey: June 1, 1994 - June 18, 1994. UNIVERSITY'S report to be made available to the ORGANIZATION no later than: July 29, 1994. .~ UNIVERSITY staff members working on survey: Charles Rynerson, Census Coordinator Jerry Eads, Census Supervisor 8 to 12 Enumerators Estimated range of housing units to be surveyed: 5,200 to 6,000 Cost of census not to exceed: $28,000.00. If there are fewer than 5,600 inhabitable housing units, the cost will be based on $5.00 per inhabitable housing unit. A large well-lighted office to be provided by the ORGANIZATION containing a telephone, and a large work table. A detailed map (e.g. Highway Department or Planning Department map) which contains current readable street designations and current city boundaries to be provided by the ORGANIZATION. Publicity to be provided by the ORGANIZATION: Newspaper coverage prior to and during the enumeration and use of other media known by the ORGANIZATION to effectively increase public awareness of community affairs. These may include public notices, newsletters, radio and local cable television. 10C MEMO TO THROUGH FROM DATE SUBJECT Mayor and City Council City Administrator Childs Mary Tennant ~ May 17, 1994 Unemployment Insurance Consultant Services RECOMMENDATION: Approve the Council Bill authorizing a contractual services agreement with the Lawrence Company for Unemployment Tax and Cost Control Management Services, and cancellation of ~he contractual services agreement with the Gibbens Company. BACKGROUNDs In 1982, the City contracted with the Gibbens Company, a nationwide organization, to provide unemployment cost control services. For many years, Gibbens Company has been the only unemployment consulting firm with offices located in Oregon. However, as with other large corporations, smaller, office operations are being slowly being phased out and the workload is being shifted to company operations in other States. As a result, I have had less contact with company representatives over the last year on pending claims. The Gibbens agreement provides for quarterly service fees of $.035 per $100 payroll. As payroll has increased over the years, so has the annual premium to Gibbens Company. In fiscal year 1992-93, our annual premium was $1,142.02. The estimated premium for 1993-94 is $1,267.00 while the budgeted premium for 1994-95 is $1,236.00. Jeff Lawrence, a former employee of Gibbens Company, recently started his business after seeing the service level decline to Oregon businesses. He has been in the Unemployment Insurance field for 13 years in Oregon and has formed the Lawrence Company to more effectively serve Oregon employers. During the early years of our contract with Gibbens Company, Mr. Lawrence served as the City's account executive and eventually was promoted to Manager of their Account Services Division. Over the years, we have had a good working relationship with him and the Gibbens Company. The proposed agreement calls for an annual fee of $800.00 with a one-time setup charge of $50.00 and renews annually unless there is 60 days written notice of termination prior to the anniversary date of the agreement. We do have a need for this type of consulting service since I have limited time available to handle the initial response on claims filed, review, audit, and potential hearings process involved with unemployment claims. The proposed fee will save the City several hundred dollars and I am confident that Mr. Lawrence will provide an excellent service to the City. 10C COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION AUTHORIZING AN UNEMPLOYMENT INSURANCE CONSULTANT SERVICES AGREEMENT WITH ,JEFFREY W, LAWRENCE. WHEREAS, the City needs to contract with an organization to provide unemployment cost control services, and WHEREAS, Jeffrey W. Lawrence is familiar with the City's operation and appears qualified to provide said services, and WHEREAS, the City desires to retain the personal services of Jeffrey W. Lawrence, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the Mayor is authorized to execute a personal' services agreement with Jeffrey W. Lawrence, dba, Lawrence Company, a copy of which is attached hereto and, by this reference, incorporated herein. Appr°ved as t° f°rm:~ 'C)/~ ~~~) City Attorney Da APPROVED: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Len Kelley, Mayor Page I - COUNCIL BILL NO. RESOLUTION NO. 10C SERVICE AGREEMENT For a period of three years, beginning September 1. 1994 , Lawrence Company agrees to provide City of Woodburn, Oregon, Unemployment and Cost Control Management Services as follows: 1. Review and record past and present payroll reports, tax rate notices and benefit charge statements. 2. Review annual tax rate notices for accuracy. 3. Process all claims for benefits and take exception to claims of questionable merit. , 4. Represent in hearings where benefit liability is affected. 5. Audit benefit charge statements and protest questionable and/or erroneous charges. 6. Issue periodic claims activity and summary reports. 7. Inform interested personnel of account activity through telephone communications and service letters. 8. Review accomplishments periodically. The Lawrence Company agrees to render the above services in the State of Oregon for a flat annual fee of $800.00 , one fourth payable each quarter when billed for the duration of this agreement. An initial set-up fee of $50.00 will be charged on the effective date of this service agreement. At no time will the Lawrence Company render any services which could be interpreted as the practice of law. 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. The term of this agreement shall commence on September 1, 1994 and shall continue until August 31, 1997. This agreement may be then renewed by mutual agreement of the parties for one year periods. Either party may terminate this agreement for any reason by giving the other party sixty (60) days prior written notice. CITY OF WOODBURN Mayor LAWRENCE COMPANY Jeffrey W. Lawrence Date Date 1OD COUNCIL BILL NO. RESOLUTION NO. 15"-/- 7 A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ANNEXATION OF CERTAIN PROPERTY DESCRIBED HEREIN. THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Pursuant to ORS 222.120, 7:00 p.m. on June 13, 1994 is declared to be the time set for public hearing before the Woodburn City Council on whether the City of Woodburn shall annex that property as referenced on the diagram attached as in Exhibit "A" hereto. Section 2. Pursuant to ORS 222.120, no election is required on this issue. Section 3. Notice of said hearing shall be published once each week for two successive weeks prior to the day of the hearing, in a newspaper of general circulation in the City, and notices of the hearing shall be posted in four public places in the City for a like period. ~ D~ai~/? ~7~ Approved as to form.4~ City Attorney APPROVED: LEN KELLEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page I - COUNCIL BILL NO. RESOLUTION NO. IOD IOE MEMO TO THROUGH FROM DATE SUBJECT Mayor and Council city Administrator Childs Mary Tennant May 19, 1994 Insurance Agent of Record RECOMMENDATION: By motion, Council appoint Agency as the City's Agent of Record for beginning July 1, 1994. Huggins Insurance a three year term BACKGROUND: The City has retained the services of an Insurance Agent of Record since 1981 for the purpose of marketing, analyzing, and placement of our various insurance programs (excluding employee benefit programs) and to provide other insurance services such as risk management, to ensure the maximum risk coverage and cost effectiveness to the City. Request for Proposals were received from five agencies of which three were interviewed by the Selection Committee (Councilor Hagenauer, Administrator Childs, Attorney Shields, Dan Brown, and Recorder Tennant). Following the interviews, the Committee thoroughly discussed each proposal and ultimately agreed upon recommending Huggins Insurance Agency to serve as our Agent of Record. Chuck Huggins, Account Executive, has had many years of insurance experience and currently provides Agent of Record services to several public agencies. As part of his proposal, risk management services would be provided by John Janzen, Agency Risk Management Group, who performs a broad range of consulting services to several independent insurance agents in Oregon. His expertise in loss control services, especially with cities, will provide the City with a more comprehensive risk management program which will help us to reduce and control insurance losses. The City's renewal date for insurance coverages is July 1, 1994. We will be going out for bid on general liability, auto liability and physical damage, boiler & machinery, and property insurance. Conflicting schedules have delayed our ability to finalize an agreement which would be effective July 1, however, if selected, Mr. Huggins has agreed to start reviewing our current policies and approach insurance companies for proposals to ensure timeliness in securing insurance coverages. The first year's fee, which includes services provided by Mr. Janzen, will be approximately $8,000 for all of the insurance coverages serviced by Mr. Huggins. For your information, last year's insurance premiums for these coverages, exclusive of workers' compensation and brokerage service fees, was approximately $94,500. If Huggins Insurance is designated as Insurance Agent of Record, a Resolution and accompanying agreement will be submitted at the June 13th meeting for formal ratification. 1OF M~I~O TO~ PROM~ RE= DATE= MAYOR & CITY COUNCIL N~NCY GRITTY, FINANCE DIRECTOR 8ERVICENTER MAY 18,.1994 In our last memo we related the fact that the ServiCenter, which collects and tabulates some of the city's water and sewer bills, and is located in Fairway Plaza was under new ownership. We also mentioned an alternative suggested to us, and used in many other cities, whereby a box is located within one or two retail stores for depositing payments as customers conduct other business. (The City would then collect and tabulate these payments.) We feel at this t~me we need a decision from the Council about the direction we take. There are a number of factors which should be considered in the decision. The citizens of Woodhurn enjoy the benefit of not having to mail their hills without coming to City Hall. Although this has been a greater benefit to citizens living on the West side of town near Fairway Plaza, we have no doubt there would be complaints were we to discontinue this option. Since the change of ownership at the ServiCenter, we have worked with the employees there reviewing procedures on more than one occasion. Unfortunately, the number of times which we have had to re-calculate payments has been many more than we find acceptable. When this happens, we are paying twice--once to the ServlCenter and once for our own time. We have been assured and do believe the ServiCenter staff is working hard to correct this problem. This may indeed just be part of the learning process which will take care of itself in time. Simultaneously the new owner has indicated that she would like to be compensated 30 cents for each bill receipted--up from 25 cents. This could be included in any new contract, however, we can not in good conscience recommend this now, because of the errors mentioned above, and the fact all utilities are not paying this amount. 1OF In addition to this, we have had complaints from citizens about new procedures the ServiCenter has adopted. We feel it is the right of every business owner to establish procedures, however, the reason given for these procedures implied that they were at the request of the City when in fact they were not. In addition we have done enough research to believe we could probably, without added expense or inefficiency, maintain our own boxes for the deposit of payments at two locations on opposite sides of town. This would save the amount we pay the ServiCenter each month, without the addition of staff. We then feel the Council can reasonably chose between three courses of action. The three alternatives available are: Develop a new contract with the ServiCenter and return it for approval. Solicit bids for such services from qualified, interested parties. ~ctivelv develop a plan to establish and service boxes for our water payments independently and discontinue use of the ServiCenter. City of Woodburn Police Department MEMORANDUM 270 Montgomery Street Don Eubank Operations Ueutenant Woodburn, Oregon 97071(503) 982-2345 Ext. 351 Date: May 8, 1994 To: Thru: RE: Chris Childs, Cit~ A~rator Mayor and Coun/~ , [.x~ Ken Wright, Ch~~,,~ Fourth of July Celebration Requests 1. Insurance Coverages 2. Sound Amplification As General Chairman and Coordinator of the City sponsored 4th of July Celebration I am requesting City Liability Insurance coverage for two (2) city sponsored activities on the 4th of July, 1994. The events include the 2nd Annual Firecracker Run, which will commence at the High School at 7:30 am. and the "Fourth Annual Old Fashion 4th of July Picnic with fun, games and a fireworks show. A run application with a waiver of liability is currently being drafted by the City Attorney and Race Chairperson Selina Danko. All events will again be held at the Woodburn High School and will conclude around 11:00 pm. The other insurance coverage necessary for this and future years is Workers Compensation Insurance for those actually involved in the Fireworks set up and lighting of fireworks. I have contacted Mary Tennant who has in turn contacted the city insurance carrier. For coverage for 8-10 individuals, the cost is approximately $50.00. The 4th Committee will pay this fee if this request is granted. We are also requesting permission for the use of amplifying devices for the days activities for the games, the race and music. Attached is a tentative schedule of events for the 4th for your review. Our goal for this year is $7,000. Fireworks alone cost $5,000. Thank you for you consideration in this matter and if possible please plan on attending this event as it is truly a community celebration. If you wish to volunteer to help with this great event, please contact myself of Vee Ott. "CO~, JO~ 4th of July S~ by ~ SC~D~E OF 8~ 10K R~ 2nd t L~A~ON: W~ ~1 ~:~ N~n ~01d F~hinn 41 ] B~ yo~ pi~  L~ATION: "W~db~ ~ ~ ~OT DOGS .2  ~m~ At W~b~ ~!  ~ N~n ~f~ 1~0 F~ 4~0 ~ R 7:~ "~W0R~q L~A~ON: W~db~ ~h ~! 7:~ O~ R~:  7~0 Enrapt: Mmic'  10:~ "~ B~ ~WOI . . ... . . · ~ City of Woodburn, Chairman, Don Eubank ltiom: Comeback Campaign and Kiwanis CLubs EVENTS AND LOCATIONS greakfast, Sponsored by the French Prairie mnual "Firecracker Run" of Julv Citv Picnic" lunch and join in the fun and "GAMES" h School" "Woodburn Hinh School" 'FREE WATER MELON" School (All age brackets) 11 Throw H Throw Throw for Children & PRE-~AME SHOW" West Parking lot and Athletic Fields Don Eubank, Chairman Vee Ott Comeback Chair Jose and Paul Castro ~y Chad Hamilton, BAD CHAD PRODUCTIONS )RKS DISPLAY EVER" :rew IN THE FUN FUN FUN" Celebration & Activities 10H MEMO TO: FROM: SUBJECT: DATE: City Administrator for Council Action Randy Scott, CE Tach III, through Public Works DireCto/~,~',-/'3/' Acceptance of Public Right-of-Way May 19, 1994 RECOMMENDATION: It is being recommended that the council accept the attached public right-of-way in conjunction with Country Club Road realignment. See Attachment "B". BACKGROUND: The public right-of-way to be conveyed to the city is shown on the map as attachment "A'. The conveyance is in conjunction with the Country Club Road realignment with Oregon Way. The public right-of-way is required to provide for the relocation of the street-and certain utilities. A copy of the signed warranty deed is included as Attachment "B". RTt,/AY. CCR ATTACHMENT "A" 1 OH - SUBJECT AREA VICINITY MAP N $ .I &Oir l;' WARRANTY DEED and ~%.~R'r~. COI~. ~ an O~e~on ~o~a~on ~i~te: ~1~ t~ ~, tot t~ ~derati~ ~n~ter ,tat~, to dr~tor ~d by.....~...~...~~ **-~*-O~..~~**~~Z~ ..................................................................................... ~i~ter a~m, ~t ~n ~ pm~rty, ~th t~ te~t., ~dit~nt, a~ appu~e~ ~reunto ~o~i~ or ~ ~tuat~ in t~ C~nty ~.. .~0~ .................. a~ State o[ O~n, d~ as lollo~s, to-~t: Tra~ 1 ~i~ at ~ So~ ~r~r of ~t 18. BI~ 58 of W~burn Sen~r ~tes No. 6 s~division ~ ~ CiW of W~b~n; ~, ~ ~12'30' w~ alo~ t~ west li~ of ~id ~t 18, 54.51 feet; ~e in a ~a~y dir~ ~ a ~nt on ~ so~ I~ of ~id ~t 18, ~ ~i~ ~i~ so~ 8~45' ~, 58.89 feet from ~ so~we~ ~r~r of ~t 18; ~e ~ 8~45' west al~ ~ ~ so~ li~, 58.89 f~t to ~ pla~ of begi~ a~ c~ini~ 0.037 acr~ of ~nd, ~ge~r with B~i~ at t~ So~ ~r~r of Lot 17, B~ck 58 of W~burn Se~or ~ates No. 6 su~ivision to ~e CiW of W~b~n; ~e, ~ 88'45' west a~ ~ so~ U~ of ~ ~t 17, 45.19 feet; ~e in a ~astedy to a ~ ~ ~ ~ ~ ~ sa~ lot 17, ~id ~nt ~ ~ ~12'30' w~ 10.~ f~t fr~ ~ ~a~ of ~ ~t 17; ~ ~ ~12'30' ea~ ~ ~ ~ ~ I~, 10.~ fm ~ ~ pla~ of b~i~ a~ c~ining 0.~5 ~res of ~, all bei~ situated in S~on 12, T~p 5 ~h, ~e 2 We~, MaCon Co~H, Or~on. {IF ~E I~FFICIENT. ~I~E ~1~ ~ ~E~E SIDE) ~ ~d dr~tor ~y ~v~ to ~ ~th ~d 4r~ ~ ~r~t,'~ ~re, ~s ~ ded~tedr~htmf~ay **plus no assessment agalnst Lots 16, 17, 18 and 19 58 of ~oodburn Senior Estates, fo: the costs associated with Country Club/Oreson ~ay ali;nment project r~ ~ ~ ~ ~deration p~d ~or ~e tr~, atat~ in ~r~ ot d~l~a, ia ~ a ~ate ~r~tor, it ~, ~u~' it. ~ ~ ~ ~4~ ~ ~ ~tlx~ bx it. ~t~, duly ~tho~:~ t~mto r.,. ,.~...;.T. ~; K~. *c..,.,~ .~ mL~ ~O ~.~ ~;~~ ............................................ P~P[~ SH~ CHECK WITH THE APP~PRIATE Ci~ OR ~.~ ~--~--~___ COUN~ P~NNING DEPA~MENT TO VERIFY APP~VED USES. G~~'~~~ .......................................... ST~rg OP O~X, ) S~&~g O~ O~H, ~ d...~.~ ........................................... .......... L-- ............. ........ ~.R~._...~ 19...~.~ ~ ~ ~t ~ ~t ~ i~ ~ ot~r, did ~ ~t P~]X o~ t~ ~ve ~ .......................... ..... .G~...G,....~.~,~_~.~...~g..PA~ ....................................................... ~"' ~ ~' ~, HZ~Z~SS, ~s~a~ a~ ~i~e ...................................................... ~'~ ............................... ........................................................................................ P~IRIE CO~. ............................ ~,~wl~ t~ ~e~t~ i~tm- . ............................................................................................... ~nt to ~ ........ ~ ................... r~u~ ~ ~ d~. ~ ~ ~aH~ ~ t~ ~ ~t w~ ~g~ ............................* 1 OH - C/.TX_.OF-_WQODB. Ui%N .............................................. _270 ~oulagomer.y. 5.t; ........................................................ _~oo ri h ur.n~...or.e~an ....... ~.2_0_7_!. ........................ Frank Tiwari -~'~'~'-~'f -W6'~'~I~ii ~ ~ ................................................................. -2?O"*Nontgomery-'~t- ................................................................ -Woo'dburn'7-Or ~;m.n.~;;~. fl~.t ..................................... STATE OF OREGON, l.s. County o~ ....................................... I certify that the within instru- ment was received [or record on the .......... day o~ ................................... 19 ......... at ................ o'clock ...... M., are recorded in book~reel/volume No ....................... on pa~e ........................ ota, tee/lile/instm- ment/n~ctolilm/recepfion No .................. Record of Deeds o~ sa~d county. Witneza my hand and aea[ of County attixed. NAME TITLE 101 MEMO TO: FROM: City Administrator for Council Action Randy Scott, CE Tech III, through Public Works Direct SUBJECT: Acceptance of Utility Easement DATE: May 19, 1994 RECOMMENDATION: It is being recommended that the city council accept the attached utility easement in conjunction with Country Club Road realignment. See Attachment "B". BACKGROUND: The utility easement to be conveyed to the city is shown on the map as attachment "A". The utility easement is in conjunction with the Country .Club Road realignment with Oregon Way and will provide for the placement of certain utilities including traffic control devices. A copy of the signed document is included as Attachment "B". UTILEA$.CCR ATTACHMENT "A" 101 COUNTRY _ SUBJECT AREA VICINITY MAP RAINER ,. il4' sr 41' L = 29.98' LC = $ 33' 58' 32" W 25.2'1' 'Cot. Loll ~,: /15° 35' ~ = /5.00' L= 24.97 702+- FI. · LOT2 EL OCK 55 $TATE HIGHWAY 2 14 UTILITY EASEMENT ATTACHMENT 'B' 101 KNOW ALL MEN .BY THESE PRESENTS, that OREN E, THOMAS and BLANCH THOMAS. for the consideration of One Dollar ($1.00) and other valuable considerations to them paid, the receipt whereof hereby is acknowledged, hereby do forever grant unto the CITY OF WOODBURN, a Municipal Corporation of Marion County, Oregon referred to herein as the CITY, a permanent right-of-way and easement over and along the full width and length of the premises described as follows, to wit: The property subject to this easement is described as Map T.5S, R.2W of W.M., 12 AD, Tax Lot No. 18700 and more particularly described as follows: Beginning at the northeast corner of Lot 2, Block 55 of Woodburn Senior Estates No. 6 in Section 12, Township 5 South, Range 2 West of the Willamette Meridian, Marion County, Oregon; thence north 00°12'30' West along the west line of said Lot 2, 20.00 feet; thence south 44°31'30' East to a point on the south line of Lot 2, 28.62 feet; thence north 88°50'30" West along said south line, 20.00 feet to the place of beginning. With the right, privilege and authority, to said City, to construct, maintain, replace, reconstruct, remove, and add to, ~ facility, including sidewalks and signal control devices, including sidealks and signal control devices, with all appurtenances incident thereto or necessary therewith, in, under and across the said premises, and to cut and remove from said right-of-way any trees and other obstructions which may endanger the safety or interfere with the use of said pipelines, or appurtenances attached or connected therewith; and the right of ingress and egress to and over said above described premises at any and all times for the purpose of doing anything necessary or useful or convenient for the enjoyment of the easement hereby granted. THE CITY SHALL, upon each and every occasion that such UTILITY facility is constructed, maintained, replaced, reconstructed or removed, or added to, restore the premises of the Grantors, and any improvements disturbed by the City, to as good condition as they were in prior to any such installation or work, but if not practicable, then pay to Grantors reasonable compensation. Oran E. Thomas Blanch Thomas STATE OF OREGON ) ) SS COUNTY OF MARION ) Accepted by the Woodbum City Council on ,1994 Mary Tennant, City Recorder City of Woodbum, Oregon On this the ~, z~ day of ~ ~.- ,1994, before me a Notary Public in and for the County and State personally appeared, O known to me to be the same person(s} whose names are subscribed to the within instrument and acknowledged that they voluntarily executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOT--ARY(5~UBLIC YNN A. GERSTNER TAR¥ PUBLIC-OREGON COMMISSION NO. 025262 ~.~.Y'~OMMIS$10N 8.R~RES~ My Commission Expires: TI~A$.UTL lOJ City of Woodburn Police MEMORANDUM woodcut, Chief f~~ Date: May 4, 1994 To: Mayor&Counc~ C. Childs, City Administrator Subject: Street Closure Woodbum will be celebrating Woodbum Settlemier Days on the 18th and 19th of June. During this time there will be many community events such as: parade, softball tournament, chicken Bar-B-Q, strawberry feed, wandering circus, police department surplus and found property auction and the annual Downtown Association Bed Races. On behalf of the Woodbum Downtown Association I would request the City Councils permission to block off First St. between Garfield and Grant Streets on Saturday June 18th from 8 a.m. to 12 p.m. to conduct the bedraees. This effort would be coordinated with the Street Department and the Woodbum Police Department Cadets will be assisting. Recommendation: Authorize the Woodbum Downtown Association to block off First St. betw~ Garfield and Grant on June 18th from 8 a.m. and Noon. B:$r-cLO~B.WDA CC. WDA 1OK City of Woodburn Police Department MEMORANDUM 270 Montgom~ Ken Wrig~ht~ Chief of Woodburn, Oregon 97071 (503) 982-2345 Date: May 9, 1994 To: Mayor & Council C. Childs, City Administrator Subject: Retail Malt Beverage Application Applicant: OGA Properties, Inc., dba: Members Club, Inc. Tukwila 2990 N. IR)ones Ferry Rd. Woodbum On February 24, 1994 the police department received and began the background investigation of the liquor license for Members Club, Inc. The police departments investigation revealed that all principles involved have no criminal histories and are presently involved with the golf industry. The extent of the golf course' liquor service will be at the office/proshop, and very low key at this time. They are not anticipating food service or a full service bar. The department has checked with several other golf clubs and was able to determine that Members Club Inc. would be conducting business in a similar fashion. The liquor license would be for the entire golf course when completed. This area would be both in and out of the city limits but within the urban growth boundary; additional reccommendation by the Marion County Commissioners may also be needed. Throughout the investigation nothing was revealed that would indicate that Members Club Inc. should not have the requested RMB liquor license. RECOMMENDATION: The City Council recommend approval of the Members Club Inc. golf course RMB liquor license to the Oregon Liquor Control Commission. ce. applicant olec Salem 1OK OGA PROPERTIES, INC. OGA Members Course at Tukwila Policy Statement Regarding Enforcement of the Oregon liquor laws on the licensed premises The nm~ger of the goff course (our head goff professisonal) will be directly responsible for enforcement of the Oregon liquor laws on behalf of our Company. During periods of heavy golf play, we expect to have goff course n~rshals touring the course to assist in thc pace of play, and these marsl~ls will also be instructed in the liquor laws and will be insUu~ to be observant of any activity related to improper use of alcohol. Our n~n~ger will be responsible for protecting our Company from violations of the liquor law and therefor protecting us from liability. He will see that alcohol will not be served to minors, or to a visibly intoxicated persor~ Our man~ger will enforce the rule that anyone who appears to be 26 years old or younger will be asked for identification prior to sale of alcohol. There are only two forms of ID that may be accepted alone: 1. A valid drivers license, with photo, or 2. A valid D.M.V. (Deparlment of Motor Vehicles) ID Card from Oregon only ifa customer does not have one of the above, we will see that the OLCC form "$~atement of Age"card will be filled in, following the insUuctions on the card. Our nmqagcr will determine that our servers and course marshall.n: 1. know the law 2. know the signs of visiblc intoxication 3. are inmucted on the use of incident logs of such events as fights, disturbances or calling the police in connection with any liquor hw infractions ~ M.~arson, Tr~r ~A Properties, Inc. i * la'No. I Z ~ 4 S 6 ? 8 9ou~1011121~lql-~161?l! m ~.~mv~ I MEMORANDUM IOL TO: Thru: Woodbum Mayor and City Council Chris Childs, City Administrator FROM: Nevin Holly, Director Recreation and Parks SUBJECT: Legion Park Picnic Shelter Reconstruction Bid DATE: May 19, 1994 ,The bids to repair and reconstruct the Legion Park Picnic Shelter were opened at 4:00pm on May 18th. The project entails reconstructing the main storage 'room and the reconstructing the damaged shelter cover. The project will also upgrade the electrical and building plumbing. The bids received were as follows: Security Construction Gresham, Oregon Addendum 1 Total Bid Including Addendum 1 $22,998.00 $3,40O.00 $26,398.OO Woodburn Construction Woodburn, Oregon Addendum 1 Total Bidincluding Addendum1 $67,000.00 $8,0OO.0O $75,000.00 O.A.K. Construction Colton, Oregon Addendum 1 Total Bid including Addendum $47,551.00 $12,489.00 $60,000.00 Columbia Cascade Construction Boring, Oregon Addendum 1 Total Bid including Addendum 1 $49,500.00 $8,000.00 $57,500.00 NOTE: Addendum 1 entails upgrading the middle storage room with stainless steel sinks. Such sinks are appropriate for a cooking area. All bids specified a June 27 construction completion date. There is a $350 a day penalty for each day the project is delayed past the June 27th deadline. For Council reference the contents of the building which were also damaged as a result of the tree following on the shelter are being settled separately with the city's insurance carrier. STAFF RECOMMENDATION: Award bid to Security Construction, including Addendum #1 for the amount of $26,398.00. 10M MEMO TO: FROM: SUBJ.: DATE: Mayor and City Council Chris Childs, City Administrator ~ Reco~_nition for Lonq-Term RSVP Volunteers May 18, 1994 RECOMMENDATION: Authorize, by motion, ongoing recognition of RSVP volunteers with twenty or more years of volunteer service to the community by granting lifetime passes on Woodburn Transit System. BACKGROUND: This proposal for special recognition of 20-year + RSVP volunteers was developed by Pat Hellhake, RSVP Coordinator, and has been endorsed by Woodburn Transit System management. A lifetime transit system pass for qualified RSVP volunteers would appear to be a particularly appropriate manner in which to recognize the efforts of these individuals. The Dial-A-Ride component of the transit system has relied heavily on participation by RSVP volunteer drivers since its inception. Numerous other city functions, including library, police and municipal court utilize RSVP volunteers along with the many volunteer work stations located throughout the community in both the public and private sector. Potential loss of fare revenue to the transit system resulting from this program is expected to be minimal, and is likely far outweighed by the goodwill value of offering the lifetime passes. The passes will enhance the volunteers' ability to continue their volunteer activities beyond the point that operating a personal automobile might cease to be a viable option, and in the latter instance will contribute positively to the quality of life for these deserving individuals. It is anticipated that between two and four RSVP volunteers will be qualified to utilize the lifetime transit passes at any given time. If Council approves this policy, it is expected that the first lifetime passes will be presented in conjunction with RSVP's annual Volunteer Recognition Day on June 22, 1994. 14A MEMO TO: Mayor and City Council Administrator FROM: SUBJECT: through City Community Development Director Site Plan Review 94-07 Kilroy's Manufacturbd Home Sales Lot DATE: May 17, 1994 At their May 12, 1994 meeting, the Planning Commission confirmed staff's decision for approval of a 1,600 sq. ft. sales office for manufactured home sales center and storage lot for Kilroy's Manufactured Home Sales. The site is located on the northeast corner of Industrial Ave. and National Way. It can specifically be identified on Marion County Assessors Map as Tax 600 5S, lW, Section 8A. The site is zoned (IS) Industrial Sales District. The applicants site plan is attached to this memo. O K~:ec ~ ,C-*-- A SP/.oqc-r ~ Z8,~ 5 ~ ,~IoDLc 14A , 15A MEMO TO: Mayor and City Council through City Administrator FROM: Community Development/Public Works Departments sL~ , SUBJECT: Transportation Application Growth Management Grant DATE: May 17, 1994 The City of Woodburn has secured a grant of $35,000 from the Oregon Department of Transportation to complete the City's Transportation Plan. It is anticipated this transportation planning project will be completed by March, 1995. A copy of the grant announcement is attached to this memo. April 22, 1994 DEPARTMENT OF TRANSPORTATION Steve Goeckritz, Community Development Director City of Woodbum 270 Montgomery WOODBURN OR 97071 SUBJECT: TGM GRANT APPLICATION Dear Steve: REGION 2 FILE CODE: I am pleased to inform you that the City of Woodbum's Transportation System Plan (TSP) proposal has been selected as one of the Transportation Growth Management (TGM) projects to be funded by the Oregon Department of Transportation, Region 2 office. The grant amount will be for $35,000, which is $15,030 less than requested in your submittal. This reduction .in funding became necessary because mom than twice the dollar amount was requested under Category I than available for ODOT Region 2. This award is contingent upon ODOT's approval of the final work program and execution of a grant agreement. As the TGM Grant Manager, I will be contacting you in the near future to complete the grant agreement and provide Instructions regarding selection and hiring of a project consultant. If you have questions regarding your grant, please contact me at (503) 986-2766. I look forward to working with you on this project. Si _ncerely, Peter Idema TGM Grant Manager PUt;; Kendall C. Hilton, ODOT Bob Cortright, DLCD '34-1867 (1-94) a-' \~ood.doc 2960 State Street SE Salem, OR 97310 (503) 986-2600 FAX (503) 986-2630 15B MI~.MO TO: THROUGH: FROM: SUBJECT: DATE: City Council Public Works Director Julie Moore, C.E. Tech IH.f~P~"f OPEN HOUSE: Selection for Wastewater Treatment Facility May 4, 1994 The Wastewater Advisory Committee has scheduled an OPEN HOUSE for Monday, June 6, from 4 to 8 PM, at Woodburn City Hall to present information to the public regarding the wastewater issues that the Woodbum area will be facing in the near future. The OPEN HOUSE will feature a video of the present treatment facility, discussion on the Pudding River clean-up including costs, presentations of alternative treatment plans needed to meet the new E.P.A. regulations, an exhibition of regional challenges faced by all Pudding River communities, and committee members will be available to accept written or oral public testimony on the alternatives. Information regarding thc Open House will be being printed in thc Woodbum Independent, the News and Views and the High School Wireless. Water bills will have a message printed on the back of the bills for the month of May. All sewer rate payers will receive a notice in the mail prior to the Open House. And local radio and television stations will broadcast announcements about the event. Further details will be provided at the next regular Council meeting. 15C TO: FROM: SUB,IF_~T: DATE: MI~MO Public Works Director Julie Moore, C.E. Tech ~ Status on Stacy Allison/Evergreen Road Street Lighting April 25, 1994 Proposals are underway to have street lights installed along Evergreen Road and Stacy Allison Way. On Evergreen there will be 6 - 200 Watt High Pressure Sodium (HPS) lights installed bn gray fiberglass poles spaced approximately 240 ft. apart. The monthly cost for these lights is approximately $87.36. Stacy Allison Way will have 3 - 200 Watt HPS lights on gray fiberglass poles spaced approximately 250 ft. apart. The monthly cost will be approximately $43.08. On Evergreen the vault that will supply the power is located approximately 12 feet east of the east fight-of-way line of Evergreen Road. An easement is being obtained from the owners of the property to be able to provide power to the right-of-way for the lights. Stagy Allimn has a 60 ft. right-of-way and a 42 ft. paved width. A utility easement is being ob~Jned for the north side of the right-of-way to allow extension of the power along the right-of- The City will be responsible for the trenching to ins~l! the 2" conduit along the roadway, including boring under the existing driveways and roadways as needed. Estimates for the trenching to be done by an outside contractor will soon be received. The Water Department may be able to do the boring under the driveways, otherwise that will be contracted out also. 15D MEMO TO: Mayor and City Council FROM: Chris Childs, City Administrator SUBJ.: Pendinp Litipation / Burlev vs. City_ of WoodblJrrl DATE: May 18, 1994 This is to advise the Council that I will be attending Marion County Circuit Court on June 15 and 16, 1994 as the city's representative in the above-referenced case; unless the Council determines that the Mayor, as ceremonial head of the city, should more properly represent the city. This information is not presented in Executive Session format because the scheduled trial is a matter of public record. The case involves alleged injuries and mental anguish to the plaintiff as a result of a dog bite. The plaintiff alleges that the city was negligent in that an officer "allowed" the dog to escape. This is an insurance comoanv case and the attorneys for the city's liability insurance carrier, City County Insurance Services, have vigorously defended this case on the city's behalf since its inception. Our City Attorney has been kept advised of all developments in this case. The police officer involved in the case was the late Fred Sugden, who was tragically killed in an accident last spring. Officer Sugden's deposition was taken before his death and will be read into the court record by another Woodburn police officer. The plaintiff in this case is represented by Lawrence A. Castle of the law firm of Kelley & Kelley in Silverton. 15E CItY Of WOODBURN POLICE DEPARTMENT Repe t 270 Montgomery/~e~--.~ Paul Null Services Lieutenant Woodburn, Oregon 97071 Date: April 29, 1994 TO: Thru: Subject: City Administra~ncil Ken Wright, C{~~/// Police Cadet Spo-'tls~ed Downtown Cleanup 982-2345 Ext. 352 On Saturday, April 16, 1994, the Woodburn Police Cadets, Cadet AdvisOr Officer John Coggins, and citizens of Woodburn, participated in a "cleanup" of the downtown area. The area cleaned included the Southern Pacific railroad tracks from Cleveland to Harrison streets and Front to Second Streets, the alleyways, city parking lot's and areas around City Hall and Library. Local businesses also participated in the cleanup by donating their services. United Disposal furnished a dumpster for the garbage collection, Dip-N-Donuts provided coffee, donuts and cookies to the volunteer cleaners, and Woodburn High School Pharmacy donated trash collection bags. Persons who participated in the cleanup and are recognized for their efforts in making Woodburn a cleaner city are: Officer John Coggins, Police Cadets; Mandy Pottratz, Raelene Dryden, Joe Adams, Joe Carbajal, Bryan Bergerson, Tim Jorgensen, and Jonathan Braman, {;itizens; Vee Ott, David Ott Jr., Jack Coggins, Eryn Blehm, and James Audritsh. United Disposal Service, Inc. 2215 N. FRONT ST. WOODBURN, OR 97071 TELEPHONE 981-1278 RESIDENTIAL- COMMERCIAL- INDUSTRIAL - RECYCENG ACCT. NO. SERVlCE ADORESS: Downtown Litter Clean Up City of Woodburn 270 Montgomery St. Woodburn, OR 97071 Please pay this invoice. No statement will be seot INVOICE DATE MO. DAY YR. TERMS: NET lOTH. A SERVtCE CHARG~ AT THE M, INUAL PERCENTAGE RATE OF 18% PER A~NUM (MO4~.y RATE iS lh %) WiLL B~ A.c~:)LiE~ ON ALL PA~T DUE AC~OUflTS. FrIHAHCE ~ pt,EASE DLFrACH HEllE MANO IIETUI~ TI,ES IIK)RTION WlTfl YOU~ PAYMENT- 4/16/94 deliver 10 yd drop box for clean up by Woodburn Police Cadets Thanh You s AMOUNT ENCLOS No charge Total Value of 1Oyd drop box = $197.79 .MltedDilpolllSefd~e, Mc. · 2215N. FrootSt. · Woodt)um. OR97071 · 981-1278 A ~A¥ THiS AMOUNT , -. 15F INTEROFFICE MEMO TO: Thru: Mayor and City Council Chris Childs, City Administrator FROM: Nevin Holly, Director Recreation and Parks SUBJECT: Utility/Shop Office Building Construction DATE: May 18, 1994 As you are aware, the March 1993 Earthquake damaged our Parks Maintenance Office area beyond repair. The new Park Utility/Office Building was designed by architect Randy Saunders and was approved by Council approximately 4 months ago. The utility/office building is now completed. The building is located to the left of the front gate of the old Sewer Treatment Plant area. You may reach the Parks Maintenance area by turning right on Hardcastle off of Front Street and then making an immediate left at Commerce Way. Follow the road down and turn right at the first road. You may visit our new facility Monday through Friday from 7:00am to 4:00pm. If you would like me to give you a tour of the site please give me a call. The new facility is 1,460 square feet. It includes an office, a staff break room, a locker room with laundry facilities, a garage shop/area and an overhead storage room. The Parks Maintenance Staff are excited about the new facility and would welcome your visit. NH:swp 1 5G MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator for Information Public Works Program Managerf,~~ Transit Route and Dial-A-Ride Schedule Changes May 17, 1994 Public Works is planning on making some transit route changes which are currently planned to be effective July 1, 1994. There have been requests that service be added to the Wal-Mart Store, Stonehedge Apartments and Nuevo Amanecer Apartments. These request are being evaluated to determine if they can be incorporated into the new route structure. Most changes are currently being planned on the west side of the city with the east side route probably remaining as is. The changes should be finalized in early June to allow printing of the new schedules and a public information program on the new route. The last route change was made on July 1,. 1992. Also on July 1, 1994 the transit system will add a third day of Dial-A-Ride Van service on Fridays from 9 a.m. to § p.m. This extra day of service was incorporated to meet increased demand and move the city closer to compliance with the requirements of the Americans with Disabilities Act. The Dial-A-Ride Van service is currently offered on Tuesday and Thursday from 9 a.m. to 5 p.m. and will continue on those days. 15H MEMO TO: FROM: SUBJECT: DATE: Mayor and City Council through. Cit, y_~dministrator ~ Public Works Director ~ ~ Response and Clarification of Street Tree Pruning and Removal Standards May 19, 1994 There were several issues raised by Mr. Will's letter in regard to street tree policy and its implementation. There were some examples provided in his letter, therefore, a specific response has been developed for information to Mayor and Council. To my understanding the issues raised in the letter were as follows: Ao The following properties were cited as an example for major tree trimming or tree removal without permission from the city: 1) 485 Arthur Street 2) 194 E. Lincoln Cl0rification: Please see attached memo from Randy Scott for explanation. It appears that permission was received by the property owners in both cases. Tree removal issue fronting property, located on Montgomery Street, owned by Mr. Will. Clarification: In 1989 this became a political issue, partially because of prior concerns of residents for removal of trees on Settlemier Avenue and the surrounding area, and partially because several neighbors wanted to protect all large trees in the area. The city council ordered and paid for the second arborist's opinion which confirmed that the tree was diseased and removal was allowed. No doubt Mr. Will should be commended for following the legal requirements and not trying to sidestep the system. Are there two standards -- one for those who request permission and comply with legal requirements and another for those who do not? Clarification: There is not a double standard that is being practiced by the staff, however, each tree case is a little different. Obviously, there is a difference when a tree could be considered as a border tree or when the tree removal issue becomes a political issue, especially when the neighborhood takes a different position than the property owner who is wanting to remove a tree. Also, there is a tremendous work load, partially due to growth, on Public Works' personnel and under pressure mistakes and delays are possible. Reimbursement request of $2,500 for justification and removal of the tree fronting Mr. Will's property. Clarification: At present there is no resolution or ordinance that deals with the reimbursement issue raised by Mr. Will. Also, there is no standing reimbursement policy on this issue that has been practiced by the staff in the past. Therefore, unless city council directs otherwise, Mr. Will's request for reimbursement will be denied. In the past, I had many useful discussions on Public Works issues with Mr. Will, and I hope this will continue in the future. GST:Ig Attachment (memo from Randy Scott) MEMO TO: FROM: SUBJECT: DATE: Public Works Director Randy Scott, CE Tech III ~ Street Trees, Arthur and Lincoln Streets May 19, 1994 15H At the May 9th City Council meeting a letter was submitted and read in regard to street trees. Staff was instructed to respond to this letter at the next scheduled council meeting. The following is my response. Reference was made to the tree on Arthur Street - The tree is located at 485 Arthur Street. The owner did request permission to remove the tree for various reasons; however, permission to remove the tree was denied. Permission was oranted to prune the tree and was accomplished bv a licensed and bonded local tree service. The tree required pruning due to the fact it had been improperly cut back previously. A large main branch was cut horizontally near the crotch of the main trunk, allowing the remaining portion of the branch to rot and spread into the main trunk. Without pruning or cabling and bracing some of the overhanging branches, the trunk was susceptible to splitting. It should be further noted if the rot continues to advance, undoubtedly the tree will need to be removed in the future. 2. Reference was made to a tree on Lincoln Street - The tree was located at 194 E. Lincoln and within the public right-of-way. The owner requested, and was granted, permission to remove it. The tree was removed by a local licensed and bonded tree service. The tree was a walnut species with various dead branches that were hazardous and could have fallen during a wind storm. By properly pruning the tree, the main trunk would have been the only part of the tree remaining. Although the trunk would not have been a hazard, it would have been rather unsightly. The owner was permitted to remove the tree and was instructed to cut the stump below qround surface. The stump has not been cut below the ground surface and the owner will be recontacted about this issue. The ordinance does not require the stump to be removed to a minimum of six inches below ground level as indicated in the letter submitted. The ordinance requires stumps to be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. No one, other than the property owners, has contacted me on these matters prior to this letter. TREELINC.ART 151 MEMO TO: THROUGH FROM DATE BUBJECT Mayor and City Council City Administrator Childs Mary Tennant ~ City Recorder May 18, 1994 Final Unofficial Election Results - May 17, 1994 One-Year Operating Levy Tax Measure As of this date, the final unofficial tally of votes from the Marion County Elections office is as follows: Yes Votes 1,409 No Votes 1,310 The final abstract of votes will probably not be available in the immediate future since the County does have 20 days after the election in which to complete tally of votes. 1 5J MEMO TO: Mayor and City Council FROM: Chris Childs, City Administrator Police De_oartment HVAC System May 19, 1994 SUBJ.: DATE: Serious and potentially expensive problems have developed in the HVAC (Heating/Ventilation/Air Conditioning) system serving the police department portion of the city hall building. The air conditioning component of the system is presently inoperable. Time permitting in the interim, staff hopes to be able to present further information on this topic during Monday night's meeting, under the headings of either "New Business" or "Staff Reports". TO: Mayor and City Council FROM: Chris Childs, City Administrator SUBJ.: "New B~j;iness" ! Police DeDartment HVAC System DATE: May 23, 1994 On Monday, May 16, 1994 the HVAC (Heating/Ventilation/Air Conditioning) system which serves the police department portion of the city hall building ceased to function. Upon inspection by a representative of C. J. Hanson Co., the firm that maintains and services the city's HVAC equipment, it was determined that the air conditioner coil was damaged beyond repair (as a result of age-related wear and tear) and that an electric motor had burned out. The air conditioner coil is obsolete and no longer produced, and a replacement coil would have to be custom built, at an estimated cost of $7,000. We are also advised that the associated manufacturing process would take some ff~Eg.~.. Replacement of the electric motor will cost just under $1,000 and it is estimated that installation costs (including rental of a heavy-duty crane) may be another $2,000. Total costs for this method of repair would be approximately $10,000. Utilizing this option does not necessarily improve the system's lifespan. Other major components, including the heatinq coil, other electric motors and miscellaneous associated equipment could go next. C. J. Hanson Co. officials have indicated that there is little that can be done in terms of short-term options to keep a liveable environment in the police department area. We are still looking into whether the police side could be supported temporarily by the west side or (separate) council chambers HVAC systems. Any such temporary measures would be at additional cost to those costs estimated (above and below) for repair or replacement of the main HVAC system itself. The building is designed as a sealed environment (with no windows that can be opened for ventilation), so occupants are entirely dependent on a functioning HVAC system. The minimum six week period described above could put us into the month of July before the system is restored to normal operation. The Police Department is presently utilizing a number of electric fans to move outside air from through a side door. Although monitored as well as possible, the open door itself poses a potential security problem. The present police department HVAC system is a single unit multi-zonal system, as is a similar (slightly larger) system that serves the west side of the building. Both systems are eighteen years old (original equipment when the building was constructed). Potentially, the system serving the west side of the building might last Page 2 - Police Dept. HVAC System (5/23/94) several more years, or it could encounter similar problems in the near future. Both systems have been carefully serviced and maintained to maximize their service life. Total replacement of city hall HVAC equipment has been discussed during city budget committee meetings in both of the last two years, but nothing has been specifically budgeted for this purpose. Funds have been budgeted for design engineering in respect to the Library HVAC system, which is of a similar age and obsolescense. Some General Fund monies in the 1994-95 budget were earmarked,for evaluation/feasibility of the city hall teleohone system and could possible be redirected toward engineering of a HVAC system replacement instead. Informal discussions have indicated that the oolice side HVAC system could be replaced with three "package units", each serving separate zones, for some $30,000 - $40,000. Advantages would include new state-of-the-art equipment with a fresh lifespan (+/- 20 years) and that the equipment could be designed to operate with natural gas rather than electricity, likely realizing some operational cost savings for the city. Based on such an estimate logic suggests that the slightly larger west-side HVAC system could be similarly replaced for some $35,000 - $45,000. In any event, the city lacks adequate technical expertise in the HVAC area and consulting/engineering services to more thoroughly review our options and prepare design specifications will have to be obtained. We estimate that such services may cost upwards of $15,000 (exclusive of the cost of equipment). Some benefits might be gained by coupling this project with the similar engineering evaluation budgeted for the Library HVAC system. Biddable specifications (along with more precise cost estimates) could become available as early as six weeks after an informal RFP is issued for this purpose. The costs of any of our possible options are staggering, even the $10,000 for the "quick-fix" solution. Ballot Measure 5 limitations restrict the city's ability to obtain any additional funding; any solution will have to be accomplished by reductions or redirection in other areas of the budget. The nature of the current problem has not afforded the time to thoroughly evaluate possible financial options. In addition, a sense of direction from the Council is essential in terms of the relative adviseability of pursuing either short-term or long-term solutions. Nevertheless, the following are offered as immediate options for your consideration: 1. Give general authorization to staff to proceed immediately in obtaining quotes for HVAC consulting/engineering services to evaluate and provide biddable specs for both city hall HVAC systems (and if determined feasible by staff, consolidate this work with similar budgeted HVAC evaluation of the Library system). As payment for these services should not likely be due until completion, staff will Page 3 - Police Dept. HVAC System (5/23/94) develop reduction or redirection of other budgetary appropriations to accomplish the cost of this work, to be incorporated into the budget to be presented for Council adoption in June. This will also afford staff additional time to review alternative means of financing the cost of the new HVAC systems that the engineer will develop. 2. If Council strongly believes that a short-term fix (the "$10,000 option") is merited, in addition to the recommendation #1 above, staff needs direction on this as well to get the process moving along on the fabrication of a replacement coil.