The URL can be used to link to this page

Agenda - 05/09/1994 CITY OF WOODBURN 270 MONTGOMERY STREET **** WOODBURN, OREGON AGENDA WOODBURN CITY COUNCIL MAY 9, 1994 - 7:00 P.M. A. ' Council minutes of April 19, 1994 workshop, April 25, 1994 regular & executive session. B. Planning Commission minutes of April 14, 1994. C. Library Board minutes of April 27, 1994. APPOINTMENTS: A. Councilor Joe Galvin to the RSVP Advisory Council (replacing Councilor Sifuentez) ANNOUNCEMENTS: ~:' B, ArtisUnaturalist John Pitcher - slide/lecture program at Woodburn Public Library; recognition of Dr, Larry Davis for his major donation to the Library of numbered art prints, Tuesday, May 10, 1994 at 7:00 pm - at Woodburn Public Library. (See Staff Report No. 15C) C. Invitation from Cascade Park Retirement Center to attend event featuring Rose Court- May 12, 1994, 3:15 p.m. at Cascade Park Retirement Center. (RSVP) PROCLAMATIONS D. Peace Officer Memorial Week- May 9 - 13, 1994. A. Chamber of Commerce B. Other Committees A. Letter from the Law Enforcement Gang Committee. (This allows public to Introduce Items for Council consideration not already scheduled on the agenda.) A. City of Woodburn 1994-95 Budget. B. Sandwich Express SPR 94-01, Variance 94-03 (Informational data provided under separate cover.) Page 1 - Council Agenda, May 9, 1994 3A 3B 3C 41;) 6A ~A 9. 10. ( 5 MINUTE RECESS) A. Council Bill No. 1538 - Ordinance vacating Country Club Road right-of-way and easement and rededication of right-of-way (in conjunction with 1 Tukwilla Development). B. Council Bill No. 1539 - Resolution eauthorizing personal services agreement with Don Carey and Associates for design & construction of aquatic center. 10B C. Council Bill No. 1540 - Resolution authorizing sale of general obligation bonds for construct of swimming pool complex. 10C D. Council Bill No. 1541 - Resolution setting public hearing on whether to vacate a portion of public-right-way intersection of Country Club Road and 10D Rainier Road. E. Insurance agent of record selection process. 10E F. Request for use of sound amplification equipment. 10F · ~ .................................................... 11A A, Claims for the month of April, 1994, 13. 14. ........ ~-~~'"'" 14A A, Patrick Industries Site Plan Review #94-05, B. Fleetwood Industries Site Plan Review #94-06. 15. ~ 15A A. Response from Department of Revenue. B. Proposed juvenile curfew ordinance. 15B C. Infrastructure problems: Windfield Estates Subdivision. D. Settlemier Avenue closure due to water line replacement. 15D E. Public Works Week program. 15E F. Art donation to Woodburn Public Library. 15F G. Building Activity Report for April, 1994. 1 §G 16. 17. ~3-~duct deliberations with persons designated by the governing body to negotiate real property transactions. ORS 192.660(1)(e) 18. Page 2 - Council Agenda, May 9, 1994 COUNCIL MEETING MINUTES April 25, 1994 TAPE READING 0001 DATE. COUNCIL CHAMBERSv CITY HALLv CITY OF WOODBURN~ COUNTY OF MARION~ STATE OF OREGONt APRIL 25, 1994. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kelley presiding. 0015 ROLL CALL. Mayor Kelley Present Councilor Figley Present Councilor Galvin Present Councilor Hagenauer Absent Councilor Jennings Present Councilor Mitchell Present Councilor Sifuentez Present Staff Present: City Administrator Childs, CiCy 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 0024 0Q39 MINUTES. JENNINGS/FIGLEY... approve the Council minutes of April 11, 1994 and the Council workshop minutes of April 13, 1994. The motion passed unanimously. PRESENTATION - WOODBURN PUBLIC LIBRARY EMPLOYEE OF THE YEAR. Library Director Sprauer announced the selection of Mary Parra as the recipient of the Outstanding Library Employee of the Year Award. She briefly reviewed the accomplishments of Ms. Parra who has been a regular part-time employee since 1987. 0074 ANNOUNCEMENTS · On May 4, 1994, 7:00 p.m., the Friends of the Woodburn Library will sponsor the Ballet Folklorico De Woodburn at the French Prairie Middle School. A slide/lecture program by artist John Pitcher will be held at the Woodburn Public Library on May 10, 1994 at 7:00 p.m.. OO87 pROCLAMATION - ~U~LIC WORKS WEEK. Mayor Kelley declared May 16 - 21, 1994 as Public Works Week in Woodburn. 0099 APPOINTMENT TO RSVP ~DVISORY BOARD, Mayor Kelley reappointed Beverly Koutny to the RSVP Advisory Board. JENNINGS/FIGLEY .... accept the reappointment of Beverly Koutny. The motion passed unanimously. Page 1 - Council Meeting Minutes, April 25, 1994 TAPE READING 0128 0~59 0235 COUNCIL MEETING MINUTES April 25, 1994 CHAMBER OF COMMERCE REPORT. Geri Bosch, representing the Chamber Board, thanked the Council and public for attending the Chamber's Casino night. The Chamber is now actively working on the Settlemier Days event scheduled for June 18 & 19, 1994. WASTEW'ATER ]%DVISORy COMMITTEE REPORT, Councilor Mitchell briefly reviewed the Committee's open house plans scheduled for June 6th and stated that it was the consensus of the committee and Council members present at the April 19th workshop expend $1,500 on the event. MITCHELL/FIGLEY .... direct staff to review budgetary accounts and expend up to $1,500 which has been proposed at Wastewater Advisory Committee meetings to be used towards public involvement. On roll call vote, the motion passed unanimously. PUBLIC HEARING - VACATION OF A PORTION OF COUNTRY CLUB ROAD EAST OF BOONES FERRY ROAD AND REDED~CATION OF REpLaCEMENT RIGHT-OF-WAY ~TUKWILA SUBDIVISION). Mayor Kelley declared the public hearing open at 7:09 p.m.. Public Works Director Tiwari reviewed the location of the proposed vacation and rededication of property which would still provide an access to Boones Ferry Road and function as a collector street within the development. Originally, the plat provided for a public right-of-way which would connect to Country Club Road. If the vacation is approved, the City would still retain a 26' wide utility easement along the original roadway and a replacement 60' right-of-way with 20' easement would be rededicated to the City. Councilor Jennings also questioned the amount the City would pay towards street lighting within the proposed development. Public Works Director Tiwari stated that if decorative lights were installed within the development, the developer would pay for any difference in costs. This is the same requirement that was imD0sed on the devel0Der for the first Dbase of the development. No one in the audience spoke either for or against the proposed vacation and rededlcatlon of property and no wrltten objections were received from the property owners within the affected area. Mayor Kelley declared the public hearing closed at 7:14 p.m.. JENNINGS/FIGLEY .... staff directed to draft ordinance providing for the vacation, rededication, and retaining existing water main and storm sewer utility easements. The motion passed unanimously. 3A Page 2 - Council Meeting Minutes, April 25, 1994 TAPE READING 0415 COUNCIL MEETING MINUTES April 25, 1994 COUNCIL BILL 1537 - RESOLUTION AUTHORIZING EXECUTION OF ADDENDUM AGREEMENT WITH STEPHEN JOLIN AS CABLE TELEVISION CONSULTANT. Council Bill 1537 was introduced by Councilor Sifuentez. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor Jennings questioned if, in the future, we will continue to have a need for this consulting service. Administrator Childs stated that technical review of documents submitted by Northland and the franchise application submitted by North Willamette Telecom has increased the scope of work outlined in the original agreement. On roll call vote for final passage, Council Bill 1537 passed unanimously. Mayor Kelley declared the bill duly passed. 0487 CONTRACT AWARD - DUCTILE IRON PIPE. Bids for 972 feet of various size ductile iron pipe were received from the following v~ndors: Pacific States Cast Iron Pipe Co., $6,731.66; Consolidated Supply Co., $6,885.71; United Pipe and Supply Co., $6,887.00; and US Pipe and Foundry Co., $7,134.20. JENNINGS/FIGLEY... award the bid to Pacific States Cast Iron Pipe Co. in the amount of $6,731.66. The motion passed unanimously. 0509 REOUEST FOR SOUND AMPLIFICATION PERMIT, A permit was requested by Margarita Garcia representing the Woodburn Chemeketa Center Cinco De Mayo Committee for May 5, 1994 between the hours of 6:00 pm and 10:00 pm. The staff recommended that the permit be granted for May 5, 1994 from 5:00 p.m. to 9:00 p.m. at Chemeketa Community College, 120 E. Lincoln Street. JENNINGS/FIGLEY... sound amplification permit be granted per the recommendation of the Police Department. The motion passed unanimously. 0546 REOUEST FOR SOUND AMPLIFICATION PERMIT AND STREET CLOSURE. Centro Cultural has requested a sound amplification permit and street closure for May 7 and 8, 1994 as part of the Cinc0 De Mayo celebration. The staff has recommended the closure of the downtown parking lot, First St. from Garfield to Grant, Hayes St. from Grant to Second, and Grant St. from Front to Second, and to allow the use of sound amplification equipment during the hours of 12:00 pm - 9:30 pm Saturday and 12:00 pm - 7:00 pm on Sunday, May 7 & 8, 1994. JENNINGS/FIGLEY .... approve the Police Department recommendation for street closure and grant the sound amplification permit to Centro Cultural for May 7 & 8, 1994. The motion passed unanimously. Councilor Jennings stated that the Council had approved a similar request for last year's celebration and the organizing committee did a good job in cleaning up the area at the conclusion of the event. Page 3 - Council Meeting Minutes, April 25, 1994 COUNCIL MEETING MINUTES April 25, 1994 TAPE REA___DING 0611 0799 ST~FF REPORTS. (1) Bi-Mart/K-Mart Traffic Signal Status Report -- Public Works Manager Rohman advised the Council that signatures should be acquired by Tuesday and the signal should be turned - on within the next two days. (2) Towing Ordinance Update - Police Chief Wright stated that the printing of forms will not be completed until Friday, April 29th, therefore, his staff will wait until then to start towing uninsured vehicles. (3) Memorandum opinion No. 94-02 RE: Ex-parte contacts and site visits in Land Use cases - City Attorney Shields provided the Mayor and Council with this written opinion for the purpose of defining potential issues and outlining legal procedures to avoid future problems in specific land use cases that may be brought before th~ Planning Commission and City Council. Brief discussion was held regarding the need to declare any ex parte contact or site visits for the record at the first public hearing held on the matter. (4) Joint Workshop Session on Neighborhood Associations - Administrator Childs stated that he has contacted city of Salem Staff Planner Tom Griffin-Valade who is willing to attend the workshop and provide information on neighborhood associations, however, he must first obtain approval from his supervisor. If approved, it will be late May or early June before his schedule would accommodate a meeting date. (5) Appeal Hearing Date for Sandwich Express site Plan $94-01 and Variance $94-03 - The memorandum advised the Mayor and Council that the appeal hearing date has been set for May 9, 1994. (6) Removal of Health Hazard Due to Septage Water -- Assistant city Engineer Morrison reviewed the recurring problem which involves failing septic tanks and drain fields near the city limits. Periodically during the summer months when there have been no recent rains, pools of water form within public right-of-way or in someone's yard which ends up being septage water. Property owners within the city want remedial action to remove the pools by removing the cause. Untreated septage water is a health hazard to humans, animals, and subsurface waters upon which the city depends for its potable water supply. The staff will be drafting a resolution to establish a process to protect the general public from health hazard situations. Page 4 - Council Meeting Minutes, April 25, 1994 COUNCIL MEETING MINUTES April 25, 1994 TAPE READING 1077 Councilor Figley advised the public that she has decided to pursue re-election to her Council position citing the challenges of a new wastewater plant facility and the voter approval of a bond issue for an indoor swimming pool as an . incentive to continue working towards the betterment of the community. 1121 Councilor Sifuentez questioned the status of the curfew ordinance. Police Chief Wright stated that the City Attorney has been working on the proposed ordinance which provides for different curfew hours for different age groups. In the meantime, state statutes are still being enforced by the Police Department. Councilor Sifuentez also invited the Mayor, Council, and general public to the cinco De Mayo celebrations. 1207 EXECUTIVE SESSION. JENNINGS/FIGLEY .... adjourn to executive session to conduct deliberations with persons designated by the governing body to negotiate real property transactions as allowed under ORS 192.660(1)(e). The motion passed unanimously. The meeting adjourned to executive session at 7:40 p.m. and reconvened at 8:39 p,m.. 1226 Following the executive session, Mayor Kelley stated that no decisions would be made by the Council. 1247 /%DJOURNMENT. JENNINGS/SIFUENTEZ .... adjourn the Council meeting. The motion passed unanimously. The meeting adjourned at 8:40 p.m.. APPROVED LEN KELLEY, MAYOR ATTEST Mary Tennant, Recorder city of Woodburn, Oregon Page 5 - Council Meeting Minutes, April 25, 1994 Executive Session COUNCIL MEETING MINUTES April 25, 1994 3A DATE, CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 25, 1994. CONVENED. The Council met in executive session at 7:4~, p.m. with Mayor Kelley presiding. The session was held under the authority of ORS 192.660 (1)(e), ROLL CALL. Mayor Kelley Present Councilor Figley Present Councilor Galvin Present Councilor Hagenauer Absent Councilor Jennings Present Councilor Mitchell Present Councilor Sifuentez Prese'~t 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 8:38 p.m.. APPROVED. LEN KELLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page I - Executive Session, Council Meeting Minutes, April 25, 1994 COUNCIL WORKSHOP MEETING MINUTES April 19, 1994 TAPE READING 000!. DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 19, 1994. 0003 CONVENED. The Council met in a workshop session at 7:00 p.m. with the Wastewater Advisory Committee. ROLL CALL. Mayor Kelley Present Councilor Figley Present Councilor Galvin Present Councilor Hagenauer Absent Councilor Jennings Absent Councilor Mitchell Present Councilor Sifuentez Present 0046 Staff Present: City Administrator Childs, Public Works Director Tiwari, Community Development Director Goeckritz, Wastewater Superintendent Sinclair, Public Works Manager Rohman, City Recorder Tennant Wastewater Advisory Committee members: Preston Tack, Gilbert Flaugher, JoAnn Bjelland, Forrest Mills, Scott Burlingham Consultants Present: Daria Wightman, Gordon Merseth Public Works Director Tiwari provided a brief overview of the environmental issues facing the citizens across the country and the impact of these issues on local government to help clean-up the environment. He reviewed the following process which is designed to meet EPA and DEQ guidelines: 1) Planning process; 2) Approval of Facilities Plan by DEQ and subsequent permit negotiations; 3) Engineering Design of recommended option; 4) Funding decision finalized by governing body; 5) Approval of design documents by DEQ; 6) Contract Award; and 7) Plant Construction. At this time, the City is in the facilities planning process which is scheduled for conclusion in January 1995. He reviewed the accomplishments of the Wastewater Advisory Committee which include 1) developing an understanding of wastewater systems, 2) understand the regulatory system, 3) regional service providers concept, 4) toured existing wastewater plant, 5) reviewed future plant options, and 6) reviewed alternatives for projected population. Page 1 - Council Workshop Meeting Minutes, April 19, 1994 COUNCIL WORKSHOP MEETING MINUTES April 19, 1994 TAPE READING O689 Barbara Lucas discussed the Committee's approach for encouraging public involvement during the facilities planning stage. She reviewed the Open House format which would be used on June 6, 1994 as a method of encouraging citizens to participate in the public input process without having to appear before the Council during a formal public hearing, since in most cases, citizens have questions to ask rather than state an opinion at this early stage of the public input process. During the open house, there will be several displays and citizens can ask questions or informally discuss the options with staff and committee members, then complete a questionnaire or provide written comments which will be taken into consideration by the committee prior to a final recommendation being made to the Council. Methods to be used to notify the public of the open house include letters to water/sewer customers, press releases, and announcements at various community group meetings. Director Tiwari stated that the letter to the public regarding the open house does include sewer rate information from the City of McMinnville to give the public an idea as to how much the monthly sewer rate may be in the future. He stated that he did not want to provide estimated rate figures to Woodburn residents until a plant design is selected and policy issues on various funding alternatives are addressed by the Council. 16O3 Gordon Merseth, Consulting Engineer, briefly reviewed options being addressed by the Committee on a regional basis to determine what services could be provided to other local communities such as laboratory work and acceptance of septage. Participants in this provider study include Clackamas and Marion Counties, several surrounding cities, State Parks Division, and Oregon Dept. of Transportation. 2322 Dada Wightman, CH2M Hill, stated that the Committee had evaluated alternatives and have tentatively selected to upgrade and expand the existing treatment facilities and provide for mechanical filtration. They will be further analyzing two disposal options: (1) discharge to the Pudding River with an 88 acre storage lagoon for July and August; and (2) Irrigation at Agronomic Application Rates for May through October with §8 acre storage lagoon and 300 acres irrigable land. She also reviewed the numerous alternatives which have not been selected by the Committee as of this date. Projected cost for all the alternatives in 1997 dollars range from $53,300,000 to $92,335,000. Tape 2 0075 Director Tiwari stated that the Committee had considered all of the options and risk factors before arriving at their recommendation. It was found that the Page 2 - Council Workshop Meeting Minutes, April 19, 1994 COUNCIL WORKSHOP MEETING MINUTES April 19, 1994 TAPE benefits of some options were not great enough to warrant the more expensive options. Discussion was held regarding irrigation and the need to purchase approximately 4,000 acres which would then be rented back to local farmers. The recommendation of the Committee may be modified after the open house based on comments received from the public. Further discussion was held regarding the letter which will be sent to water customers and the inclusion of the McMinnville anticipated sewer rate without having a qualifying statement within the letter since estimated project costs and future sewer rates will not be determined until more project details and policy decisions are made. It was suggested that another open house be held prior to the public hearing in November at which time residents would be provided with more detail on project costs and estimated sewer rates. 1150 ADJOURNMENT. The workshop adjourned at 9:07 p.m.. APPROVED LEN KELLEY, MAYOR ATTEST, Mary Tennant, Recorder City of Woodburn, Oregon Page 3 - Council Workshop Meeting Minutes, April 19, 1994 3B MINUTES WOODBURN PLANNING COMMISSION APRIL 14, 1994 1) So ROLL CALL: Chairperson Mrs. Warzynski Present Vice Chairperson Mr. Bauer Absent Commissioner Mrs. Henkes Present Commissioner Mr. Kosikowski Present Commissioner Mrs. Bjelland Present Commissioner Mr. Finch Present Commissioner Mr. Atkinson Present Commissioner Mr. Pugh Present Commissioner Mrs. Davis Absent Staff Present: Steve Goeckritz, ~3mmunity Development Director Teresa Engeldinger, City Planner MINUTES: Chairperson Warzynski asked that on page 3, paragraph 3, the last sentence be amended to read variance (~n Iandscaoin_~ be added. The minutes were then accepted as written with the addition. COMMUNICATIONS: Letter from Wallace Lien, Attorney, appealing the SPR 94-01 and Variance 94- 03 the "Sandwich Express". BUSINESS FROM THE AUDIENCE: Sara B. Glatt presented the Mayor with an certificate of appreciation for his work with the St. Patrick day parade. PUBLIC HEARING: Site Plan Review 93-22 Capital Development Modification 93-01 Modification of Ordinances 2095 and 2098 PCM 4-14-94 SG:bw Staff read the statement necessary to open the public hearing. Staff stated that the applicant was Capital Development. Staff read the applicable criteria necessary for approval of this proposal. Staff entered into record 3 exhibits, these exhibits are background information, 1) Capital Development application for annexation, comprehensive plan and zone map amendments for Woodburn Crossing Planned Development, 2) the staff report, 3) traffic analysis correspondence. Staff briefly highlighted the staff report. 1. Chronology of events preceding this request. 2. Addresses the request for the amendments to Ordinance 2095 and 2098. 3. Traffic Impact and what is needed to be done to improve the transportation system in the I-5 Corridor area. 4. Site Plan 5. Supplemental Documents Staff stated that there are two issues, 1) the amendment of ordinances 20-05 and 2098, 2) site plan approval for a factory outlet shopping center. A shopping center that would be approximately 85,'000 square feet and accommodate approximately 13 acres of land. Capital Development presently owns between 173 to 177 acres. This acreage borders the freeway on the west, Wal-Mart to the north, Evergreen right of way to the east and other properties to the south· In 1992 Capital Development initially come to the City of Woodburn and requested annexation and comprehensive plan map and reconfiguration of the land uses of that parcel. Over a three month period working with the Commission and holding hearings in front of the City Council, the applicant was granted an annexation and also granted the request to reconfigure the property so as to have the 58 acre Commercial property abut the freeway, with a 31 acre Multi-family property abutting the Commercial, and the Multi-family abutting the 87 acre Single Family properties. City Council allowed the request for reconfiguration with three conditions. e Prior to development this reconfiguration would take place. The developer would assist the City in developing its transportation area plan for the I-5 Corridor. When the reconfiguration began they still only maintain 58 acres PCM 4-14-94 SG:bw 2 of Commercial property. At a later date, ODOT sent a letter requesting the City Council modify the second condition relating to assisting the city in developing a transportation plan. They wished to see a transportation plan prior to any development. The developer agreed to that condition and it was incorporated into the Ordinance 2098. The developer is now asking for a modification to the "no development condition." They wished to develop 13 acres of the 58 acres. Staff stated that the developer can build and not be in violation of the Transportation Rule. ODOT has ask for an analysis of traffic impact. ODOT has not told the city not to amend the ordinance. There is still additional information coming in from ODOT. Staff stated that the Commission cannot amend the ordinance, but they can recommend to the Council that it be amended or not be amended· The Applicant's consultant calculated that the traffic flow on a 100,000 sq. 'ft. building would be approximately 3200 vehicles per day. At peak hour it would be 320 cars an hour. About 10% of this traffic would be shoppers that were not only going to the outlet facility but doing shopping at other facilities· Staff stated that the improvements that would be needed are listed in the staff report as on-site and off-site improvements. The on-site improvements are: Continue Stacy Allison to the south for 1200 feet. 60 ft. right of way with a 10 ft. easement on the east side for utilities· Within that right of way there would have to be a 42 ft. improved surface, 6-8 ft. bike lanes, and sidewalks. Outlet Ave. is approximately 900 ft. long. It would have 60 ft of right of way with two 5 ft. easements on each side, two bike lanes, two travel lanes, and 3B PCM 4-14-94 SG:bw 3 3B connect to Prairie Boulevard. Prairie Boulevard would have 100 ft of right of way. A 52 ft. improved surface with two travel lanes, two bike lanes and a refuge lane. It will in the future connect to Evergreen Road. .. Wal-Mart Road would be developed. It would have a 70 ft. right of way. It would have 42 ft. of improved surface, bike lanes, and sidewalks. Off site improvements are still being discussed with the State Highway Division on alternatives. Two conditions for State Highway improvement will be: 1. Install a signal at the north bound off ramp with two lanes for traffic, a right turn lane and a left turn. 2. Lawson Avenue be made into a right in right out only. Staff informed these were minimal conditions and more would, most likely, be added by ODOT. Staff stated that the developer has exceeded most of the required conditions for his site plan. 1. 16% or 93,000 sq. ft of landscaped area - only 15% is required. 2. Parking - 424 spaces are required - the developer is providing 512. 3. The developer is willing to meet all the conditions in r. egards to roads, sidewalks, bike paths, storm drains etc. 4. The development is subject to review by Public Works Department, Police, and Fire. All of these departments have listed their conditions of approval and the applicant is willing to meet all their conditions. Staff stated that the supplemental documents are part of the Commission PCM 4-14-94 SG:bw 3B packet and further response from ODOT will be forthcoming. Staff requested that due to the fact transportation issues have not been finalized the hearing remain open until May 19, 1994. Commissioner President Kosikowski asked for an overview of what the Planning Commission needed to address. Staff stated that 1) the Commission was to determine whether to allow an amendment to Ordinances 2095 and 2098, 2) review of the site plan, 3) traffic issues. The applicant, John Donaldson, 2016 Allegro Ave., Olympia, Washington, Senior Vice President of Capital Development Company, stated that Capital Development saw Woodburn as a 10-15 year build out. He gave a short history of how Capital Development got involved in Woodburn. He stated that they were willing to work with staff and plan on being in Woodburn for a long time. He introduced the architect, Tom Ellicott. Tom Ellicott, 4314 NE 30th St., Port~:~nd, described that the shopping center would hold form 13 to 26 stores. He talked about design of the facility so that store fronts would face the freeway to the west and the residential district to the east with delivery, loading docks, employee parking, etc. in the center of the project. Commissioner Kosikowski'asked about the design lighting. Mr. Ellicott answered that it was over 1000 ft. to the existing homes. He stated that as far as the lighting it would be lights along the eaves of the buildings and when the Mulit-Family zone was developed it would totally shield the existing homes from the facility. Commissioner Kosikowski asked how far it was from the outlet facility to the existing homes in Senior Estates. Mr. Ellicott answered it was over 1000 ft. Commissioner Kosikowski asked when development of the project would begin. Mr. Ellicott answered it would begin as soon as possible. Mr. Donaldson stated that there is discussion with ODOT and the city, and money will also be a factor. PCM 4-14-94 SG:bw 5 Chairperson Warzynski asked if there was any one in the audience who wished to speak for this project. Jane Kanz, Executive Director of the Woodburn Chamber of Commerce, stated that the Chamber supports this proposal due to the clean appealing businesses, it will generate jobs, visitors dollars will be spent in Woodburn, and Woodburn will grow. Randy Sanders, 2225 Country Club Road, stated that other than the ODOT hold up all other requirements have been met by the developer. He commented on the fact that the developer had planned this project as far away from existing residential property as possible. He felt that this was a very positive move on the part of the developer. Chairperson Warzynski asked if there were anyone in the audience who wished to speak against this proposal. Barbara Lucas, 214 E. Clackamas Circle, speaking for SENA (Senior Estates Neighborhood Association) stated tha~-;the traffic on Hvvy 21zt was drifting into their neighborhood. She had concerns regarding the traffic. She stated that the SENA attorney has asked city staff to continue this hearing for two weeks after the city receives ODOT comments, this will give their attorney time to review ODOT's comments. Staff read into record a letter from Jim & Eloise Thompson "... regarding to retaining the integrity of south Senior Estates. 1) Evergreen Road south of Hayes St. should be vacated to provide an initial buffer zone between Capital Development property and present Senior Estates homes..., 2) request that the buffer be further extended to the west of Columbia Drive homes by establishing a Iow density Single Family zone..." Gilbert Crawford, 1352 Astor Way, asked what pressure this development could bring on ODOT to take care of the traffic mess off of I-5. He had concerns regarding traffic improvements before development. Harold Spohr, 813 S. Columbia Drive stated he is not against progress but the traffic has constantly gotten worse since he moved to Woodburn in 1992. He felt that the traffic problem should be taken care of first. Harold McVey, 1191 Randolph, stated he was not against this project but the traffic problem should be taken care of first. 3B PCM 4-14-94 SG:bw 6 3B Sm Virginia Hunt, 781 Oregon Way, read a paper regarding Hayes Street traffic written when Wal-Mart was built two years ago. "The peace and safety will be lost as Hayes Street becomes Hvvy 214 by-pass .... Wal-Mart will increase traffic by 900 cars per day .... safety lost .... property value go down." She stated that she has a hard time getting out of her driveway onto Oregon Way. Mr. Sphor was concerned about the future of Evergreen Road. Mr. Ellicott stated that in regards to Evergreen. He stated that it would connect Prairie Boulevard to Hvvy 214. Evergreen Road south of Hayes Street is not to be developed. Mr. Donaldson stated that they understood the concerns about the traffic. ODOT's response is what the developer is waiting to hear. Betty Pierce, stated that the developer needs to look at the areas east of Woodburn like Molalla and Silverton. The traffic from these towns going to the facilities in the area of this project are using West Hayes Street. Chairperson Warzynski stated that the hearing would be continued to May 19, 1994. DISCUSSION: None REPORTS: A. Building Activity - 19 million so far this fiscal year. B. Code Enforcement - March 1994 Staff commented how much he appreciated all of the City Planner's (Teresa Engeldinger) hard work to get all materials and information needed for the Planning Commission meetings. BUSINESS FROM THE COMMISSION: Commissioner Atkinson asked what was the outcome of citations issued from the Code Enforcement Officer. Staff stated that the Code Enforcement Officer tries to abate the problem PCM 4-14-94 SG:bw 7 before he issues a citation. If this doesn't work and he issues a citation they go before a municipal judge who looks at the ordinance, looks at the violation and determines a fine based on the severity of the violation. Commissioner Pugh wished to discuss among the Commission members on the public hearing that was continued to May 19, 1994. He asked for a ruling from the Chair. Chairperson Warzynski stated that they did declare a continuance of the public hearing so they were up to the discussion part of the process. Staff also recommended there be no discussion until the continuance. Chairperson Warzynski asked staff if the Commission would be taking more testimony at the continuance. Staff answered yes. Commissioner Kosikowski asks for cl~fification from staff as to if there was a response coming back from ODOT. Staff answered yes. ADJOURNMENT: There being no further business the Planning Commission meeting adjourned. 3B PCM 4-14-94 SG:bw 8 MINUTES MONTHLY MEETING OF WOODBURN PUBLIC LI. BRARY BOARD DATE: April 27, 1994 ROLL CALL: Willy Baldwin - Present Gloria Predeek - Excused Nancy Bowman - Excused Jean Weatherill- Present Dorothy Jaeger - Present STAFF PRESENT: Linda Sprauer, Director Judy Coreson, Recording Secretary GUESTS: None CALL TO ORDER: Corresponding SecX:~tary Jean Weatherill called the meeting to order at '12:10 PM. SECRETARY'S REPORT: The monthly Board minutes of April 5, 1994 were approved as submitted. DIRECTOR' S REPORT: Monthly Statistics: self-explanatory. The monthly statistics were Activities: A list of activities was distributed to the Board. The Mayor signed a proclamation of National Library Week from April 17 - 23 in the City of Woodburn. The Skateboarding Exhibition, which was tied in with the Grand Opening of the new YA/Teen Center in the Youth Services Area, was well attended. The Friends of the Library Book Sale is scheduled for Friday, April 29 from 11 AM - 5 PM and Saturday, April 30 from 11 AM - 3 PM. The Ballet Folklorico de Woodburn will be performing May 4 at 7 PM at the French Prairie Middle School Gym. On May 10 at 7 PM, John Pitcher, an artist and naturalist, will give a slide/lecture presentation concerning his paintings in the Multi- Purpose Room. Employee of the Year: Mary Parra, part-time Library Assistant, was chosen Employee of the Year. She was presented with a plaque, and an announcement will made at the next City Council meeting. Also a plaque listing the employees OLD BUSINESS: chosen for Employee of the Year from 1989 through 2000 will be hung in the library. Those whose names are on it to date are: Judy Brunkal, 1989; Judy Coreson, 1990; Donna Melendez, 1991; Rebecca Dusek, 1992; Beulah Leder, 1993; and Mary Parra, 1994. Survey Results: Linda discussed the preliminary results of the Customer Satisfaction Survey, which was conducted in cooperation with the American Library Association. Volunteers asked patrons to fill out the surveys concerning the library and their needs. New Terminal At Circ Desk: There is an additional terminal at the circ desk to check out books to patrons. Two more terminals for public use are budgeted for next year. Clackamas Network Conference: The Clackamas Network Conference~ilis scheduled for Friday, May 27 at the Monarch Motor Hotel in Clackamas. Board members need to let Linda know if they want to attend, as registrations are due May 20. Building Repair - Bid Opening Date: The final draft of the Building Repair Bid has been finished. It will be advertised in the Journal of Commerce. There will be a pre-bid conference for anyone interested in bidding for the repairs on Wednesday, May 18. The Bid Opening will be June 6. The library will plan a Grand Re-Opening after the repairs are completed. John Pitcher Program: On May 10 at 7 PM, John Pitcher, an artist and naturalist, will give a slide/lecture presentation showing one of his paintings from start to finish. He will. discuss the animals in his painting as well as his techniques. Dr. Larry Davis donated to the Library over thirty of John Pitcher's art prints which will be on display. The Library Board will furnish refreshments for a reception after the program. $100 of the stipend will come from the Friends of the Library. The Library will also provide him with a room for overnight lodging, mileage reimbursement, and dinner. Dr. Davis, Chris Childs, the Library Board, and staff along with their spouses will be invited to attend this no- host dinner. Library Board Minutes - 4/27/94 2 Library Activities: As requested by Dorothy, Linda will ask the Woodburn Independent to publish a list of the community activities, including those of the library, on a continual basis. NEW BUSINESS: None BUSINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: Announcement of Dr. Davis" donation prints to the Library will be made. ADJOURNMENT: The meeting was adjourned at 1:15 PM. of 54 art Respectfully Submitted, ~Coreson Recording Secretary Library Board Minutes - 4/27/94 3 CITY ~70 Montgomery Street OF WOODBURN Woodburn, Oregon 97071 · 98~-5222 4D PROCLAMATION Peace Officer Memorial Week WHEREAS, law enforcement serves as the protector of our homes, and the keeper of the public tranquility; and in performing these vit~ duties the men and women of our law enforcement agencies are subjected to risks of injury and even death; and WHEREAS, these men and women ask nothing more than the appreciation of their fellow citizens for a job well done; and WHEREAS, those officers who have died in the line of duty are most deserving of our recognition, appreciation and special remembrance; THEREFORE, I, Len Kelley, Mayor of the City of Woodburn, in gratitude for the dedicated public service and sacrifice issue the following proclamation: IT IS HEREBY PROCLAIMED THAT May 11, 1994 is designated as: "PEACE OFFICER MEMORIAL DAY" IT IS FURTHER PROCLAIMED THAT the week of May 9 through 13, 1994 shah be designated as: "PEACE OFFICER MEMORIAL WEEK" LEN KELLEY, MAYOR City of Woodburn Woodburn Law Enforcement Gang Committee Woodburn, OR 97071 ~k¥ 4 1~4 6.o. April 27, 1994 Woo~fburn City, Council 270 Montgomery Woodburn, OR 97071 Dear Council, The Law Enforcement Gang Committee would like to Inform you of what we have accomplished since the last Gang Forum. We have been very busy, and we think productive. We decided to addressed the problem of graffiti. We are now initiating a voluntary program that controls the sale and theft of spray paint in local businesses. When a business participates they are awarded a certificate of recognition from the Gang Committee and the Police Department. We hope by controlling the sale and theft of spray paint we can cut down on the amount of graffiti in Woodburn. With the help of the Police Department and Lt. Paul Null, we have drafted a Public Nuisance Ordinance for Businesses and Private Residences. These ordinances will allow the Police to be more effective in dealing with sites of recurring crime. We hope these ordinances can be implemented before the high crime period of summer. Our Committee is very positive that these new ordinances will help fight crime, and hope to see them before the Council as soon as possible. Respectfully, Woodbum Law Enforcement Gang Committee Peppi Kosikowski Chairman 8A TO: FROM: SUBJ.: DATE: Mayor and City Council Chris Childs, City Administrator F,Y, 1994-95 City Budpet Hearin_= May 2, 1994 The budget hearing scheduled for Monday, May 9, 1994 is for the purpose of receiving public comment on the city's F.Y. 1994-95 budget. The approved budget was passed unanimously by the city budget committee on February 10, 1994. This public hearing concerns the entire city budget, including consideration of how State Revenue Sharing funds will be spent, as required by state law. The Budget Summary and Notice ~.~ Hearing was originally published on February 23, 1994, followed by publication of the Second Notice of Hearing on March 2, 1994. These notices called for a public hearing on March 14, 1994, but due to an oversight, the hearing was not included in the Council agenda for that evening. Staff then contacted the Oregon Department of Revenue, the agency charged with administration of Oregon's Local Budget Law. A Dept. of Revenue budget analyst stated his opinion that reschedUling the hearing, with 8-14 days notice (same time frame as required by a Second Notice of Budget hearing) would be sufficient to meet the substantial comoliance orovision of the Local Budget Law. Subsequently, a supplemental notice of hearing was published on April 27, 1994 to reschedule the public hearing for May 9, 1994. In addition, public hearing notices, along with copies of the Financial Summary, were posted in three public places (City Hall, Library and Community Center). It should be noted that the budget process is [eJ2~ from the election process, which is governed by the Secretary of State's office, and under which the city proceeds with its annual operating levy and other ballot measures. Similarly, this process is also separate from the Tax Coordination process described in ORS Chapter Chapter 310. The 1994-95 budget is designed to maintain the current level of city services in respect to the continuing growth of the community and the corresponding growth in demand for the services provided by the city. While some necessary personnel additions are made to reflect this growth, a principal emphasis of the budget is to allow for a limited number of badly needed one-time capital improvements. The conservative approach represented by the budget provides a hedge against a number of future possibilities; loss of state shared revenues, possibility of more 8A Page 2 - Memo/1994-95 Budget Hearing (5/2/94) stringent tax limitation laws, etc. The capital items included in the budget will serve their intended purpose in enhancing the city's provision of services, but the 'one- time' nature of these items preserves the potential for further 'belt tightening" in subsequent budget years as circumstances may dictate. The total budget for all funds is $17,481,759. Total budgets for the principal tax-supported funds are as follows: General Fund - $2,709,891; Transit Fund - $140,350; Library Fund - $491,179; Recreation & Parks Fund - $765,088. Other fund totals are as described in the budget documentation.Property taxes anticipated to be (;ollected within the Measure 5 limitations constitute some 12.8% of the revenue sources for the entire city budget, yet these taxes are equal to over half (54.3%) of the revenues needed to fund the tax-supported programs identified above. Local property tax support of the approved budget consists of the following levy elements: Tax Base + 6%* Annual Operating Levy* Parks/Rec. Continuing Levy Library Continuing Levy Total Levy Authority: $209,060 $1,577,413 $655,815 $444.643 $2,886,931 * Woodburn's tax base was approved by voters in 1916. The annual operating levy is scheduled for citywide vote on May 17, 1994, the Primary Election. The 'Total Levy Authority" is increased exactly 6% over 1993-94, and is consistent with the tax coordination aspects of Ballot Measure 5 which dictate that city taxpayers will not pay more than a combined $10 per $1,000 of assessed value to all non-school government entities, which includes the city, Marion County and the Woodburn Fire District. A bond measure for financing construction of a year-round aquatic facility was approved by city voters on March 22, 1994. This tax will be outside of the Ballot Measure 5 limitations. Exact dollar costs will not be known until the time of bond sale, but accurate estimates concerning this previously-authorized levy will be included in the budget finally adopted by the governing body. Personnel changes incorporated into the 1994-95 budget include additional part-time janitorial help in city hall (0.5 FTE), additional seasonal park maintenance workers (0.75 FTE), additional staffing sufficient to increase library hours (open to the public) from 37 to 44 hours per week (0.75 FTE) and additional Police Department staffing (3.5 FTE). No new positions are contemplated for 1994-95 in other administrative areas or the various Public Works divisions. Page 3 - Memo/1994-95 Budget Hearing (512/94) 8A The Police Department changes include two new patrol positions (approximately 1/2 funded by a federal grant), an additional records clerk position and a 1/2-time civilian evidence locker custodian. The evidence custodian position will free up an equivalent amount of certified officer time (0.5 FTE) for patrol and other duties. In addition, a SAT officer position, created and partially grant funded in the 1993-94 budget, is continued through the 1994-95 budget, 100% city funded. An additional Street Department position, created and funded in the previous year's budget and scheduled for implementation in May 1994, will also be continued in the 1994-95 budget. A number of significant capital purchases or improvements are slated for F.Y. 1994-95, including engineering evaluation of the ageing heating system in the library, construction of additional parking in the vicinity of Montgomery Street between the library and city hall and additional miscellaneous library equipment. Park improvements, besides the major project rer'.resented by the aquatic center project, include initial developmental activities in connection with Centennial Park and purchase of new picnic tables, a passenger van, a 16' flail mower and replacement of a maintenance pickup truck. Public Works budgets reflect the purchase of a self-contained vaccuum- operated sewer/storm drain cleaning truck, as well as replacement of other pieces of equipment on an "as needed" basis. The city's various capital improvement funds are programmed to finance all or portions of a number of projects, including an equipment storage yard on Cleveland Street, rubberized railroad crossing on Young Street, realignment of intersection at Country Club and Oregon Way, possible extension of Evergreen north of State Hwy 214, resurfacing of Settlemier Ave. and other improvements to the city's street, water and wastewater infrastructure and facilities. One-time capital items earmarked for General Fund programs include various computer enhancements in the Finance Department, a feasibility study to evaluate the city's telephone system and scheduled replacement of equipment, vehicle and weapons in the Police Department. Other law enforcement enhancements will include the purchase of a night vision system, a moving radar unit and construction of a 2-bay impoundment garage. Other items of significance in the F.Y. 1994-95 budget include a one-time General Fund transfer of $45,000 to the pool construction fund, increased funding for police overtime costs and expansion of the Dial-A-Ride program. The pool-related transfer is intended to offset costs of the project and potentially help reduce the amount of property taxes ultimately required to pay off general obligation bonds. The Dial-A-Ride program will add a third day (probably Friday) to its current Tuesday/Thursday schedule, bringing the city closer to compliance with federal ADA Page 4 - Memo/1994-95 Budget Hearing (5/2/94) 8A regulations regarding public transportation. The increased police overtime simply reflects, in a more realistic manner, the cost history for this item over the past several years. In voting to approve the 1994-95 budget, several budget committee members referred to it as "a good budget". The budget does allow the flexibility needed to continue existing service levels, capitalize on several one-time opportunities and position the city to move in an appropriate direction in the future in terms of balancing growth and increased demand for services against outside political decisions or mandates that could significantly impact the city. Considerable amounts of detailed documentation concerning the F.Y. 1994-95 budget has been, and continues to be, available for public review. Staff is routinely available to answer specific questions in regard to various budget components. As noted in the second paragraph of this memo, this public hearing was not held on the originally scheduled date. No public comment or feedback was received in this regard, and in fact it was city staff that discovered the oversight and set out to contact the Department of Revenue regarding a proper course of action. Accordingly, staff has proceeded on the advice of the Department of Revenue in regard to the publication of the supplemental notice, and on that basis we believe that substantial compliance with Local Budget Law has been achieved. If any citizen believes that such compliance has not been achieved, they have the right to file an action with the Oregon Tax Court seeking a ruling on any specific issue. If Council believes that additional steps should be taken to further ensure legal compliance and/or adequate opportunity for public input, one more option exists. The entire Budget Summary and Notice of Hearing, as well' as the Second Notice of Hearing can be republished, designating a subsequent public hearing date (most likely in conjunction with the June 13, 1994 Council meeting). If deemed necessary by the Council, the republication of these notices will cost the city approximately $1,135. I wish t° express my thanks to the members of the city's budget committee for the many thoughtful hours they committed to reviewing the 1994-95 budget. Likewise, I commend all of the city's department heads and other staff for the time and effort dedicated to presenting well documented and sensible departmental budgets, a process that initially began some six months ago, back in November, 1993. 10A COUNCIL BILL NO. /.,~ ORDINANCE NO. AN ORDINANCE VACATING AN EXISTING PUBLIC RIGHT-OF-WAY AND PUBLIC UTILITY EASEMENT, A PORTION OF COUNTRY CLUB ROAD AS PLATTED WITHIN THE GLATT SUBDIVISION IN EXCHANGE FOR THE REDEDICATION OF A PUBLIC RIGHT-OF- WAY AND PUBLIC UTILITY EASEMENT REALIGNED AND ACCEPTANCE OF A UTILITY EASEMENT OVER A PORTION OF THE AREA TO BE VACATED. WHEREAS, Resolution No. 1227 fixed the time, place and date of a public hearing on whether that certain portion of Country Club Road and utility easements described herein should be vacated in exhcange for the rededication of a replacement right-of-way and utiity easements, and WHEREAS, on April 25, 1994, a public hearing was held on this question, and WHEREAS, the Woodburn City Recorder has issued a certificate stating that all city liens and taxes have been paid on the right-of-way to be vacated, and WHEREAS, the Woodburn City Council found that the realignment of the right-of- way to be rededicated in exchange for the vacated right-of-way serves future transportation needs, and WHEREAS, the acceptance of the easement for utility purposes would benefit the city, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The City of Woodburn hereby accepts the dedication of the following described utility easement. An easement for utility purposes described as follows: Beginning at a point on the west line of Miller Farm Road, said point being north 01°09'50" East 92.27 feet from the northeast corner of Lot 54, Miller Farm Subdivision recorded in Volume 40, Page 24, Book of Town Plats for Marion County, Oregon, and being situated in Section 7, Township 5 South, Range 1 West of the Willamette Meridian in Marion County, Oregon; thence north 81°22'33" west 325.53 feet to a point on the easterly right-of-way line of Boones Ferry Road; thence north 15°45'05" east along the easterly right-of-way line of said Boones Ferry Road a distance of 7.57 feet to an angle point therein; thence north 15°36'28" east along said right-of-way line 18.62 feet; thence leaving said easterly line, south 81° 22'33" East 318.92 feet to a point on the west right-of-way line of Miller Farm Road; thence south 01 °09'50" west along said westerly line 26.22 feet to the place of beginning and containing 8,377 square feet of land. Page 1 - COUNCIL BILL NO. ORDINANCE NO. 10A Section 2. The City of Woodburn hereby vacates the following described right-of- way and utility easements, effective upon receipt of a fully executed and recorded plat of the Tukwila Subdivision, rededicating to the City of Woodburn the replacement right- of-way and utility easements. A diagram of said replacement right-of-way is attached to this ordinance as Exhibit "A" and, by this reference, is incorporated herein. The right-of-way and easement to be vacated is described as follows: 'Beginning at the Northwest corner of Lot 2, Block 2, GLATT SUBDIVISION, as said subdivision is recorded in Volume 38, Page 30, Book of Town Plats for Marion County, Oregon, and being situated in Sections 7 and 8 in Township 5 South, Range 1 West of the Willamette Meridian in Marion County, Oregon; thence southwesterly along the southerly right-of-way line of Country Club Road on the arc of a 520.00 foot radius curve to the left (the chord of which bears South 66°53'43" West 23.25 feet) a distance of 23.26 feet to the TRUE POINT OF BEGINNING; thence southwesterly along said right-of-way line on the arc of a 520.00 foot radius curve to the left (the chord of which bears south 61°17'47" West 78.30 feet) a distance of 78.37 feet; thence southwesterly along said right- of-way line on the arc of a 730.00 foo~ radius curve to the right (the chord of which bears south 74°35'02" West 441.59 feet) a distance of 448.61 feet; thence North 87°45'31" West along said southerly right-of-way line, a distance of 549.48 feet to the northeast corner of Lot "A" as platted in MILLER FARM SUBDIVISION recorded in Volume 40, Page 24, Book of Town Plats for Marion County, Oregon; thence North 14°26'46" East along the East boundary line of said subdivision a distance Of 61.39 feet to the southeast corner of Lot "F" of said MILLER FARM SUBDIVISION; thence south 87°45'31" East along the northerly line of said Country Club Road, a distance of 536.41 feet; thence northeasterly along said right-of-way line on the arc of a 670.00 foot radius curve to the left (the chord of which bears North 76°51'42" East 354.21 feet) a distance of 358.47 feet; thence northeasterly along the arc of a 230.00 foot radius curve to the left (the chord of which bears north 84°21'50" East 147.86 feet) a distance of 150.53 feet to the TRUE POINT OF BEGINNING. ALSO Beginni~g at the southeast corner of Lot "F" MILLER FARM SUBDIVISION as recorded in Volume 40, Page 24, Book of Town Plats for Marion County, Oregon; thence South 14°26'46" West along the easterly boundary line of said subdivision a distance of 61.39 feet to the Northeast corner of Lot "A" of said subdivision; thence north 87°45'55" West along the North line of said Lot "A" a distance of 112.37 feet to the Northwest corner of said Lot "A"; thence north 1°09'50" East a distance of 60.02 feet to the Southwest corner of said Lot "F"; thence south 87°45'55" East along the south line of said Lot "F", a distance of 126.48 feet to the point of beginning. Page 2 - COUNCIL BILL NO. ORDINANCE NO. IOA ALSO Beginning at a point on the westerly boundary line of MILLER FARM SUBDIVISION as recorded in Volume 40, Page 24, Book of town Plats for Marion County, Oregon at its intersection with the south right-of-way line of Country Club Road, which point bears north 1°O9'50" East 112.84 feet from the Northeast corner of Lot 54 of said subdivision; thence North 87°45'55" West along the south right-of-way line of said Country Club Road a distance of 298.96 feet; thence southwesterly along said right-of-way line on the arc of a 20.00 foot radius curve to the left (the chord of which bears south 53°59'35" West 24.76 feet) a distance of 26.70 feet to a point on the easterly right-of-way line of Boones Ferry Road; thence north 15°45'05" East along the easterly right-of-way line of said Boones Ferry Road a distance of 39.29 feet to an angle point therein; thence north 15°36'28" East along said right-of-way line a distance of 63.47 feet; thence southeasterly along the northerly right-of-way line of said Country Club Road, on the arc of a 20.00 foot radius curve to the left (the chord of which bears south 36°04'44" East 31.38 feet) a distance of 36.08 feet; thence south 87°45'55" East along said northerly right-of-way line a distance of 273.95 feet to a point on the west boundary line of said MILLER FARM SUBDIVISION; thence south 1°09'50" West along said west boundary line a distance of 60.02 feet to the point of beginning. Vacation will also include the 20 foot wide utility easements parallel and perpendicular to the north and south boundary line of that pomion of Country Club Road being vacated and described above. Section 3. The council finds that the owners of a majority of the area affected, computed on the basis provided in ORS 271.080, have not submitted written objections to the vacation of the portion of the road legally described in Section 2. Section 4. The council finds that the public interest will not be prejudiced and will be served by the vacation of the portion of the road legally described in Section 2. Section 5. The City Recorder is hereby directed to file the deeds with the county clerk and a certified copy of the ordinance with the county clerk and county assessor. Section 6. This ordinance being necessary for the immediate preservation of the public peace, health, and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the City Council and approval by the Mayor. Section 7. Pursuant to ORS 271.150, a certified copy of this ordinance shall be filed with the Marion County Clerk. Approved as to form: ~ i. y '~J /~~---~ City Attorney DateI'-~ ~ APPROVED: Len Kelley, Mayor Page 3 - COUNCIL BILL NO. ORDINANCE NO. -.___-. - IOA - ~ SEE DETAIL 'F,,,' PAGE 5 ~ ~ o ~.. !' i ! ~/~- o. ~ ~ 10B TO: Mayor and City Council FROM: Chris Childs, City Administrator A~_uatic Center Desiqn Contract May 5, 1994 SUBJ.: DATE: RECOMMENDATION: Approve accompanying Council Bill (Resolution) entering into personal services contract with Don Carey & Associates of Belleview, WA, for consulting, architectural and engineering services in connection with construction of new aquatic center in a total amount not to exceed $186,000. I~ACKGROUND: Don Carey & Associates have provided assistance to the City of Woodburn in pool-related matters for the pac~ year, beginning with emergency repairs to War Memorial Pool following the March 25, 1993 earthquake, and then in providing background information to facilitate a damage settlement with FEMA. More recently, the firm has assisted the city with conceptual and preliminary design work in regard to construction of a year-round aquatic center. Through their recent contacts with the city, Don Carey & Associates have gained the trust and confidence of city staff and the Pool Committee. Staff has conducted an extensive reference check on the firm's principal, Don Carey, as well as the Project Architect, Larry Matson. Both received solid and positive endorsements from people involved in other swimming pool projects. It is logical and expedient to the project that Don Carey & Associates expand on their previous work on the city's behalf and continue through to its completion. Applicable public contracting rules concerning personal services contracts are designed to allow and facilitate such an outcome. Since this represents one of the city's most significant professional services contracts in recent years, the components of the proposed contract have been negotiated and extensively reviewed by the City Administrator, the Recreation & Parks Director and the City Attorney, along with technical assistance and advice from the city's Public Works Director. Costs and fees have been determined to be reasonable and competitive for e project of this nature. Don Carey & Associates have agreed to the terms expressed in this contract, even though time may not have permitted obtaining a signed counterpart of the document prior to this Council meeting. The proposed contract includes three specific phases, which are usual and typical for a project of this nature. The Design Development phase will take approximately 6 weeks and result in approximately 30% completion of all design Page 2 - Aquatic Center Design Contract (5/5/94) lOB documents. At the conclusion of this phase the "material and labor take-off' method is used to isolate a more exacting r)roiect cost estimate. The Construction Document phase includes all applicable construction documents, bid specifications and assistance with the bid process and selection of prime contractor. Finally, the Construction phase includes construction supervision, final inspection and closeout details of the project. With no significant complications, a fast-track project timetable of one year is anticipated for the entire project. However, weather and other factors over which neither party has control may impact the project. Accordingly, for purposes of the formal contract, the "not to exceed" timeframe and cost for each project phase are as follows: Design Development Construction Document Construction (6 Weeks) (6 M~nths) (12 Months) NTE $56,900 NTE $81,100 NTE $48,000 Various contract addendums specify the principal design team members as well as hourly rate and, estimated project time for each job category involved. Billing invoices will be submitted on an 'actual time spent' basis. There may be as many as forty individuals working on the project at any one time. Of possible interest to the Council, one of the project principals is local architect Randy Saunders of RSS Architecture in Woodburn. Mr. Saunders will be particularly involved in the construction supervision aspect of the project. In addition to various indemnification provisions (with particular reference to Sec. J.2.3) contained in the contract, the Consultant will be required to carry various forms of insurance as specified in Section J, including commercial general liability, comprehensive automobile and workers compensation coverage. The Council should be aware, however, that the proposed agreement contains no provision for errors and omissions coverage. Cost of this type of insurance is based on total project value end the estimated premium for this project would be some $12-$15,000, which would have to be added to the contract amount. The Consultant is in the process of obtaining a specific quote from his insurance carrier in case it is determined that errors and omissions coverage should be required in addition to the indemnification provisions of the agreement. Such coverage would provide some additional protection for the city, the value of this protection may be outweighed by the cost. Errors and omissions insurance requirements are not common in design/engineering contracts of this nature, primarily due to the added cost and the fundamental premise that the consultant enters into the contract on the basis that work under the contract will be performed correctly. Page 3 - Aquatic Center Design Contract (5/5194) 10B Due to his knowledge and obvious interest in the success of this project, the city's Project Manager will be Nevin Holly, Recreation & Parks Director. The city's Public Works Director has offered that department's assistance with construction phase technical expertise as necessary. Staff looks forward to a positive working relationship with Don Carey & Associates in achieving a timely and successful completion of the aquatic center project. COUNCIL BILL NO. RESOLUTION NO 16-._?? lOB A RESOLUTION AUTHORIZING A PERSONAL SERVICES AGREEMENT WITH DON CAREY AND ASSOCIATES FOR DESIGN AND CONSTRUCTION OF AN AQUATIC CENTER. WHEREAS, Don Carey and Associates have submitted a proposal for personal services to assist in the studies relative to the planning, designing, and preparation of plans, specifications, cost estimates and other necessary services for the construction of an aquatic center, and WHEREAS, Don Carey and Associates previously contracted with the city and performed architecutal and engineering design work for a pool renovation project, and WHEREAS, City desires to retain the personal services of Don Carey and Associates for the design and construction: of a Woodburn aquatic center, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the Mayor and City Administrator are authorized to execute a personal services agreement with Don Carey, dba Don Carey and Associates, a copy of which is attached hereto and, by this reference, incorporated herein. II/N. Robert Shields Approved as to form: City Attorney Date APPROVED: Len Kelley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon lOB PERBON~L SERVXCES ~GREEMENT Design and Construction of WoodburnAquatic Center THIS AGREEMENT is made and entered into as of the date first indicated on the signature page, by and between the city of Woodburn, Oregon, (hereinafter referred to as the "City"), and Don Car.y, dba "Don Carey and Associates", Bellevue, Washington, (hereinafter referred to as "Consultant"). - WHEREAS, City has previously contracted with Consultant to perform architectural and engineering design work for a swimming pool renovation, and WHEREAS, the Woodburn voters have recently approved the issuance of general obligation bonds for the construction of an Aquatic Center, and WHEREAS, City contemplates the construction of said Aquatic Center (the "Project") and WHEREAS, city desires to retain the personal services of Consultant to assist in the studi~l relative to the project, the planning and designing of it and the preparation of plans, specifications, cost estimates and other necessary services for the construction of the Project, and WHEREAS, City requires these personal services which the Consultant is capable of providing, under terms and conditions hereinafter described; and WHEREAS, Consultant represents that he is qualified on the basis of specialized experience and technical competence and prepared to provide such services as City does hereinafter require; NOW, THEREFORE, in consideration of those mutual promises and the terms and conditions set forth hereafter, the parties agree as follows: Term The term of this Agreement shall be from the date of execution by both parties until tasks required hereunder are complete and accepted, unless earlier terminated in accordance herewith. Consultant's Responsibilities B.1 The scope of Consultant's services and time of performance under this Agreement are set forth in Exhibit A. All provisions and covenants contained in Exhibit A and all existing preliminary plans and specifications for construction of the Woodburn Aquatic Center are hereby incorporated by reference and shall become a part of this Agreement as if fully set forth herein. i - Personal Services Agreement B.2 All written documents, drawings, and plans submitted by Consultant and intended to be relied upon for the project shall bear the signature, stamp or initials of Consultant or Consultant's Architect. Any documents submitted by Consultant which do not bear Consultant's signature, stamp or initials or those of the Consultant's authorized Architect shall not be relied upon by City. Interpretation of plans and answers to questions covering Plans given by Consultant or Consultant's Architect need not be put in writing and may be relied upon by Cityand others. B.3 All agreements on Consultant's part are contingent upon, and Consultant shall not be responsible for damages or be in default or be deemed to be in default by reason of delays in performance due to strikes, lockouts, accidents, acts of God and other delays unavoidable or beyond Consultant's reasonable control. B.4 Consultant shall maintain confidentiality of any private confidential information and any public information which is exenpt from disclosure under state or federal law to which the Consultant may have access by reason of this Agreement. Consultant warrants that its employees assigned to work on services provided in this Agreement shall maintain confidentiality. All agreements with respect to confidentiality shall survive the termination or expiration of this Agreement. C. City's Responsibilities C.1 The scope of city's responsibilities are set forth in Exhibit B, which is attached hereto and incorporated herein. C.2 City certifies that sufficient funds are available and authorized for expenditure to finance costs of this Agreement. co pensetion D.1 Except as otherwise provided in this paragraph D, City shall pay Consultant a sum not to exceed $186,000 for performance of those services provided hereunder. However, compensation may be less than such maximum amount and shall actually be determined on an hourly basis as shown on the Estimated Design Team Hour Schedule attached as Exhibit C. Compensation shall be only for actual hours worked on the project, at the rates specified on Exhibit C, and related direct expenses. It is estimated that City shall pay to Consultant $56,900 for the Design Development Phase, $81,100 for the Construction Documents Phase, and $48,000 for the Construction Phase. In no instance 2 - Personal Services Agreement lOB D.2 D.3 D.4 shall the total compensation paid by City to Consultant exceed $186,000 without the prior written approval of the Woodburn City Council. Consultant shall furnish with each bill for services an itemized statement showing the amount of services devoted to the project by Consultant as well as any agents or employees of Consultant and any direct expenses. During the course.of Consultant's performance, if City specifically requests Consultant to provide additional services which are beyond the scope of the services described on Exhibit A, Consultant shall provide such additional services and bill the City either at Consultant's actual costs or at the hourly rates outlined on the attached Standard Hourly Rate Schedule. No compensation for additional services shall be paid or owing unless both parties specifically agree to such additional compensation and services. Except for amounts withheld by City pursuant to this agreement, Consultant shall be paid for services for which an itemized bill i~ received by City within 30 days provided Consultant shall submit an itemized bill for approval as to the amount of work performed and compensation earned. City shall be responsible for payment of required fees, payable to governmental agencies including, but not limited to plan~checking, land use, zoning and all other similar fees resulting from the Project, and not specifically covered by Exhibit A. lOB City's ProjeotManaqsr City's Project Manager is Nevin Holly, Director of Recreation and Parks. City shall give Consultant prompt written notice of any redesignation of its Project Manager. F. Projeot Information City shall provide full information regarding its requirements for the Project. Consultant agrees to share all project information, to fully cooperate with all corporations, firms, contractors, public utilities, governmental entities, and persons involved in or associated with the Project. No information, news or press releases related to the Project, whether made to representatives of newspaper, magazines or television and radio stations, shall be made without the authorization of City's Project Manager. G. Duty to Inform If at any time during the performance of this Agreement, or any future phase of this Agreement for which Consultant has 3 - Personal Services Agreement lOB been retained, Consultant becomes aware of actual or potential problems, faults or defects in the Project or any portion thereof, any nonconformance with the federal, state or local law, rule, or regulation, or has any objection to any decision or order made by City with respect to such laws, rules or regulations, Consultant shall give prompt written notice thereof to City's Project Manager. Any delay or failure on the part of City to provide a written response to Consultant shall neither constitute agreement with nor . acquiescence to Consultant's statement or claim, nor constitute a waiver of any of City's rights. Consultant is Independent Contractor H.1 Consultant shall be and herein declares that it is an independent contractor for all purposes and shall be entitled to no compensation other than compensation provided for under paragraph D of this Agreement. Consultant binds itself, its partners, officers, successors, assigns and legal representatives to the City. H.2 Consultant shall be completely independent and solely determine the manner and means of accomplishing the end result of this Agreement, and City does not have the right to control or interfere with the manner or method of accomplishing said results. City, however, has the right to specify and control the results of the Consultant's responsibilities. Subcontracting 1.1 Unless expressly authorized by this Agreement, Consultant shall neither subcontract with others for any of the work prescribed herein, nor assign any of Consultant's rights acquired hereunder without obtaining prior written approval from City. Work may be performed by persons other than Consultant, provided Consultant advises City of the names of such subcontractors and the work which they intend to perform and City specifically agrees thereto. Consultant acknowledges such services are provided to City pursuant to a subcontract(s) between Consultant and subcontractor(s). Except as otherwise provided by this Agreement, City incurs no liability to third persons for payment of any compensation provided herein. 1.2 Consultant shall be responsible for and indemnify and defend City against any liability, cost or damage arising out of Consultant's use of such subcontractor(s) and subcontractor's negligent acts, omissions, activities and services. Subcontractors shall be required to meet the same insurance requirements of Consultant under this Agreement. 4 - Personal Services Agreement lOB 1.3 1.4 Unless otherwise specifically agreed to by City, Consultant shall require that subcontractors also comply with and be subject to the provisions of this Agreement. Consultant shall make prompt payment of any claim for labOr, materials or services furnished to the Consultant by any person in connection with this Agreement as such claim becomes due. Consultant shall not permit any lien or claim to be filed or prosecuted against City on account of any labor or material furnished to or on behalf of Consultant. If the Consultant fails, neglects or refuses to make prompt payment of any such claim, City may pay such claim to the person furnishing the labor, materials or services and charge the amount of the payment against funds due or to become due Consultant under this Agreement. No person shall be employed for more than eight.hours in any one day, or 40 hours in any one week, except in cases of absolute necessity, emergency or where the public policy absolutely=.requires it, and in such cases except in cases of agreements for personal services as defined in ORS 279.051, the laborer shall be paid at least time and a half pay for all overtime in excess of eight hours a day and for work performed on Saturday and on any legal holiday specified in ORS 279.334. Persons who perform work under a personal services agreement shall, be paid at least time and a half of all overtime worked in excess of 40 hours in any one week, except for individuals .who are excluded under ORS 653.010 to 653.261 or unde~ 29 U.S.C. SS201 to 209 from receiving overtime. 1.5 Should Consultant elect to utilize employees on any aspect of this Agreement, Consultant shall be fully responsible for payment of all withholding required by law, including.but not limited to taxes, including payroll, income, Social Security (FICA) and Medicaid. Consultant shall also be fully responsible for payment of salaries, benefits, taxes, Industrial Accident Fund contributions and all other charges on account of any employees. Consultant shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. All costs incident to the hiring of assistants or employees shall be Consultant's responsibility. Consultant shall indemnify, defend and hold City harmless from claims for payment of all such expenses. Unless specifically set forth on Exhibit A, expenses relating to items set forth in this paragraph Shall not be the basis of additional reimbursement of Consultant. 5 - Personal Services Agreement 1.6 No person shall be denied or subjected to discrimination in receipt of the benefits of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, marital status, age, disability or national origin. Any violation of this provision shall be grounds for cancellation, termination or suspension of the Agreement in whole or in part by City. lOB Indemnity and Insurance J.1 Consultant acknowledges responsibility for liability arising out of the performance of this Agreement and shall hold City, its officers, agents, and employees harmless from and indemnify the same of any and all liability, settlements, loss,'costs and expenses in connection with any action, suit, or claim resulting or allegedly resulting from Consultant's negligent acts, omissions, activities or services provided pursuant to this Agreement or from Consultant's failure to perform its responsibilities ast.~et forth in this agreement. The'review, approval or acceptance by City, its Project manager, City of'Woodburn, or City of Woodburn employees of documents or other work prepared or submitted by Consultant shall not relieve Consultant of its responsibility to provide such materials in full conformity with City's requirements as set forth in this Agreement and to indemnify' City from any and all costs and damages resulting from Consultant's failure to adhere to the standard of performance described herein. J.2 Insurance Requirements and Consultant's Standard of Care. J.2.1 Consultant shall provide City with evidence of the following insurance coverages prior to the commencement of the work. A copy of each insurance policy, issued by a company currently licensed in the State of Oregon, and certified as a true copy by an authorized representative of the issuing company or at the discretion of City, in lieu thereof, a certificate in a form satisfactory to City certifying to the issuance of such insurance shall be furnished to City. Unless specifically set forth on Exhibit A, expenses relating to the cost of insurance shall not be the basis for additional reimbursement to Consultant. J.2.2 Consultant agrees that in accordance with generally accepted construction practices, the construction contractor will be required to assume sole and complete responsibility for job site conditions 6 - Personal Services Agreement lOB during the course of construction of the project, including safety of all persons and property. J.2.3 In the performance of its professional services, Consultant shall use that degree of care and skill ordinarily exercised under similar circumstances by reputable members of its profession practicing in the State of Oregon. Consultant will reperform any services not meeting this standard without additional compensation. Consultant's reperformance of any services, even if done at City's reqUest, shall not be considered as a limitation or waiver by City of any other remedies or claims it may have arising out of consultant's failure to perform in accordance with the applicable standard of care or this Agreement. J.2.4 Consultant shall furnish City a certificate evidencing the date, amount and type of insurance that has been procured pursuant to this Agreement. All policies shall be written on an "occurrence basis". All policies shall provide for not less than 30 days' written notice to City b~fore they may be revised, non- renewed, canceled, or cOVerage reduced. Excepting worker's compensation coverage, all policies shall provide an endorsement naming City, its officers, employees and agents as additional insureds. In the event the policy lapses during performance, City may treat said lapse as a breach, terminate this Agreement and seek damages, or use any other remedy provided by this Agreement or by law. J.2.5 Insurance ReqUirements. Consultant, its subcontractors, if any, and all employers working under this Agreement are subject employers under the Oregon Worker's Compensation Law and shall comply with ORS 656.017 which reqUires workers' compensation coverage for all their subject workers. Consultant shall maintain throughout this Agreement the following insurance= J.2.5.1 Workers' compensation and employers liability insurance as reqUired by the State where the work is performed. J.2.5.2 Comprehensive automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from the use of motor vehicles, including on-site and off-site operations, and Owned, non-owned, or hired vehicles, with $1,000,000 combined single limits. J.2.5.3 Commercial general liability insurance covering claims for injuries to members of the public or damage to property of others arising out of any 7 - Personal Services Agreement lOB covered negligent act or omission of Consultant or of any of its employees, agents or subcontractors, with $1,000,000 per occurrence and in the aggregate. J.2.5.4 Except in the case of Workers' compensation insurance, City shall be named as an additional insured with respect to Consultant's insurance coverages identified herein. J.2.6 The coverage provided by these policies shall be primary and any other.insurance carried by City is excess. Consultant shall be responsible for any deductible amounts payable under all policies of insurance. Barl~ Termination K.1 This Agreement may be terminated prior to the expiration of the agreed upon terms: K.1.1 By mutual written consent of the parties; K.1.2 By city for any reason within its sole discretion, effective upon delivery of written notice to Consultant by mail or in person; and K.1.3 By Consultant, effective upon seven days prior, written notice in the event of substantial failure by City to perform in accordance with the terms through no fault of Consultant. K.2 If City terminates the Agreement in whole or in part due to default or failure of Consultant to perform services in accordance with this Agreement, City may procure, upon reasonable terms and in a reasonable manner, services similar to those so terminated. In addition to any other remedies the City may have, Consultant shall be liable for all costs and damages incurred by City in procuring such similar service, and the Agreement shall be in full force to the extent not terminated. K.3 If City terminates the Agreement for its own convenience, payment of Consultant shall be prorated to and include the day of termination and shall be in full satisfaction of all claims by Consultant against City under this Agreement. K.4 Termination under any provision of this paragraph shall not affect any right, obligation or liability of Consultant or City which accrued prior to such termination. Consultant shall surrender to City items of work or portions thereof for which Consultant has 8 - Personal services Agreement lOB Oe received payment, or City has made payment. City retains the right to elect whether or not to proceed with actual construction of the'project. Suspension of Work City may.suspend, delay or interrupt all or any part of the work for such time as City deems appropriate for its own convenience by giving written notice thereof to Consultant. An adjustment in the time of performance or method of compensation Shall be allowed as a result of such delay or suspension unless the .reason for the delay is within the Consultant's control. City shall not be responsible for work performed by any subcontractors after notice of suspension is given by City to Consultant. Should City suspend, delay or interrupt the work and the suspension is not within Consultant's control, then City shall extend the time of completion by the length of the delay and the method of compensation shall be adjusted to reflect Consultant's reasonable increase or decrease in its standard hourly rates. Assignment and Cooperation M.1 Any attempted assignment of this contract without the written consent of City shall be void. Except as otherwise specifically agreed, all costs for services performed by others on behalf of Consultant shall not be subject to additional reimbursement by City. M.2 city shall have the right to let other agreements be coordinated with this Agreement. Consultant shall cooperate with other firms, engineers or subconsultants on the project and the City so that all portions of the project may be completed in the least possible time within normal working hours. Consultant shall furnish other engineers and subconsultants and affected public utilities, whose designs are fitted into Consultant's design, detail drawings giving full information so that conflicts can be avoided. Access' to Records City shall have access upon request to such books, documents, receipts, papers and records of Consultant as are directly pertinent to this Agreement for th~ purpose of making audit, examination, excerpts, and transcripts for a period of four (4) years unless within that time City specifically requests an extension. This clause shall survive the expiration, completion or termination of this Agreement. Work is Property of City 9 - Personal Services Agreement lOB All work in its original form, including but not limited to documents, drawings, tracings, surveying records, mylars, papers, computer programs, diaries and photographs, performed or produced by Consultant under this Agreement shall be the exclusive property of City.and shall be delivered to city prio~ to final payment. Any statutory or common law rights to such property held by Consultant as creator of such work shall be conveyed to City upon request without additional compensation. Upon City's approval and . provided City is identified in connection therewith Consultant may include Consultant's work in its promotional materials. Drawings may bear a disclaimer releasing the Consultant from any liability for changes made on the original drawings and for reuse of the drawings subsequent to the date they are turned over to City. Law of Oregon The Agreement shal~ be governed by the laws of the State of Oregon. The Agreement provisions required by ORS Chapter 279 to be included in public agreements are hereby incorporated by reference an~shall become a part of this Agreement as if fully set forth herein. Adherence to Law Consultant'sha11 adhere to all applicable federal and state laws, including but not limited to laws, rules, regulations, and policies concerning employer and employee relationships, workers' compensation, and minimum and prevailing wage requirements. Any certificates, licenses or permits which Consultant is required by law to obtain or maintain in order to perform work described on Exhibit A, shall be obtained and maintained throughout the term of this Agreement. Modification Any modification of the provisions of this Agreement shall not be enforceable unless reduced to writing and signed by both parties. A modification is a written document,. contemporaneously executed by City and Consultant, which increases or decreases the cost to City over the agreed sum or changes or modifies the scope of service or time of performance. No modification shall be binding unless executed in writing by Consultant and City. In the event that Consultant receives any communication.of whatsoever nature from City, which.communication Consultant contends to give rise to any modification of this Agreement, Consultant shall, within ten (10) days after receipt, make a written request for modification to City's Project Manager. Consultant's failure to submit such written request for modification in a timely manner may be the basis for refusal by the City to treat said communication as a basis for modification. In connection with any modification to the contract affecting any change in price, Consultant shall 10 - Personal Services Agreement submit a complete breakdown of labor, material, equipment and other costs. If Consultant incurs additional costs or devotes additional time on project tasks which were reasonably expected as part of the original agreement or any mutually approved modifications, then City shall be responsible for payment of only those costs for which it has agreed to pay. Consultant's Warrant~; No Waiver of Legal Rights Notwithstanding any acceptance or payments, city shall not be precluded or estopped from recovering from Consultant, or its insurer or surety, such damages as may be sustained by reason of Consultant's failure to comply with the terms of this Agreement. A waiver by City of any breach by Consultant shall not be deemed to be a waiver of any subsequent breach by Consultant. Attorneys Fees In the event a suit or action is instituted to enforce any right guaranteed pursuant to this Agreement, the prevailing party shall be entitled to, J~ addition to the statutory costs and disbursements, a reasonable attorneys fee to be fixed by the trial and appellate courts respectively. Integration This Agreement, including but not limited to Exhibits and Consultant's proposal submitted to City contains the entire and integrated agreement between the parties and supersedes all prior written or oral discussions, representations or agreements. In case of conflict among these documents the provisions of this Agreement shall control. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly appointed officers on the date first indicated below. APPROVED AND ENTERED this day of , 1994. CITY OF WOODBURN DON CAREY By: By: Len Kelley, Mayor Date: Date: By: Chris Childs City Administrator Date: ATTEST: Mary Tennant, City Recorder City of Woodburn lOB 11 - Personal Services Agreement EXHIBIT A SWIMMING POOL FOR THE CITY OF WOODBURN DETAILED SCOPE OF WORK May 5, 1994 10B Don Carey & Associates Lawrence E. Matson, Architect, AIA Design Development (work to be completed a maximum of six weeks after execution of the Consulting Services Agreement), The purpose of the Design Development Stage is to fix and describe the size and character of the Project as to architectural, structural, mechanical, elec- trical and other systems and to provide sufficient information about the Project to give a firm basis for developing, by the Consultant and the Architect, a more accurate construction cost estimate than Is possible in the Schematic Stage. Items included in the Design Development Stage are basically as follows: Meet with the Owner and finalize fu~ctional aspects of the Floor Plan and the Site Plan· 2. Finalize Floor Plan dimensions and establish the structural grid. 3. Develop Internal and external building elevations. 4. Select finish materials and review with the Owner. 6. Prepare documents as required for the City's Site Plan Review. 6. Prepare preliminary landscaping plan. Analyze geotechnical information and establish criteria for design of foundations and footings. 8. Establish preliminary sizes for foundations and footings. Prepare Foundation Plan keyed to the structural grid. State of completion to be approximately 30% at completion of Design Development Stage. 10. Review Floor Plan and Site Plan for compliance with codes, ordinances and accessibility requirements. 11. Establish criteria for structural design with respect to vertical, seismic and wind loads. 12. Design floor and roof framing systems and develop framing plans to approximately 30% completion. 13. Establish heating and cooling load criteria. -1- lOB 14. Establish criteria for heating, ventilating and air conditioning design, including State of Oregon requirements for energy conservation measures. 15. Finalize HVAC systems and develop drawings to approximately 30% completion, 16. Finalize swimming pool mechanical systems and develop drawings to approximately 30% completion. 17. Determine lighting and power requirements end provide preliminary design of all electrical systems. Drawings to be developed to approximately 30% completion. 18. Develop Outline Specifications for all Divisions, 1 through 16, listing materials and other requirements in outline form but not in complete detail, 19. Provide a Construction Cost Estimate in line item form using the material and labor take-off method. 20. Any related activities incidental to completion of the tasks enumerated above. Construction Documents (work to be completed a maximum of six months from date of. Owner's written approval of the Design Development docu- ments). The purpose of the Construction Documents Stage is to provide complete Bidding Documents for the use of Construction Contractors in formulating bids for the construction of the. Project. The Construction Documents are an extension of the Deaign Development Documents, and depict the Project in Its entirety. Construction Documents consist of the following: 1. Drawings: Title Sheet, with Vioinity Map, Location Plan and Building Data General Information Sheet. with Abbreviations, Indicators, Legend end Index Site Plan Grading Plan Site Utilities Plan Site Details Planting Plan Irrigation Plan Landscape and Irrigation Details Demolition Plan Floor Plans Room Finish Schedule D6or Schedule and Door Oetails Building Elevations Building Sections Wall Sections Detailed Floor Plans of Certain Areas -2- lOB Interior Elevations Reflected Ceiling Plans Miscellaneous Details Roof Plan and Details Swimming Pool Plan and Details Swimming Pool Sections Swimming Pool Piping Plan and Mechanical System Details Structural Notes Foundation Plan and Details Floor Framing Plan and Details Roof Framing Plan and Details Plumbing Plan Plumbing Schedules and Details HVAC Plans HVAC Schedules and Details · Electrical Site Plan Lighting Plans Power Plans Fire Alarm and Security Plans Electrical One-Line Diagram Electrical Schedules and Details i~, Bidding Requirements:' Legal Advertisement for Bids Instructions to Bidders Supplementary Instructions to Bidders Information Available to Bidders Form of Bid Proposal For of Bid Bond Contract Forms: Construction Contract Form Form of Performance Bond Form of Payment Bond for Labor and Materials Prevailing Wage Rates Form of Insurance Certificates Conditions of the Contract: A.I.A, General Conditions Supplementary Conditions 5, Technical Specifications: Division Division Division Division Division Division Division Division 1 - General Requirements 2 - Site Work 3 - Concrete 4 - Masonry 5 - Metals 6 -Wood and Plastics 7 - Thermal and Moisture Protection 8 - Doors and Windows -3- 10B Division 9 - Finishes Division 10 - Specialties Division 11 - Equipment Division 15 - Mechanical Division 16 - Electrical 6. Any related activities incidental to completion of the tasks enumerated above. Construction Phase (to begin upon award of a Construction Contract - anticipated time of completion is one year from date of Owner's Notice to Proceed on the Construction Contract) Consultant's, Architect's, Associate Architect's, Structural Engineer's, Mechanical Engineer's and Electrical Engineer's site visit schedule cannot be determined accurately in advance, since the Construction Contractor's schedule is not yet available. Some items of construction will require more observation time at the site than others, as determined by professional judgment. Principal items to be observed ars as follows (not a complete list): Footing excavations Reinforcing bar placement and supports Concrete placement Concrete quality Backfilling Masonry construction Quality of materials and 'workmanship Quality of finishes Construction Phase services also include: Review of shop drawings and other submittals Review of Construction Contractor furnished operation end maintenance manuals and transmittal of same to the Owner. Preparing or modifying Drawings or other documents in support of changes proposed by the Contractor. Preparing basic record drawings from marked up prints furnished .~y the Contractor showing significant changes made during construc- tion (see Item 8 of 'ADDITIONAL SERVICES' for extent of Consultant's responsibility with respect to this item). Final Inspection Any related activities incidental to completion of the tasks enumerated above. It is estimated that a total of 15 hours per week will be expended by the entire design team for Construction Phase Services. ADDITIONAL SERVICES The following services are not Included in the Consultant's Basic Services, and shell be paid for by the Owner either on a negotiated lump sum basis or in accordance with the hourly rates and expense reimbursements stipulated in the Agreement: -4- lOB Making changes in Drawings, Specifications or other Documents or providing other services when such changes or services ere made necessary by one or more of the following: Modifications or adjustments to the Owner's program or project budget. Changes in codes or ordinances. Failure by the Owner to render decisions in a timely manner. Value Engineering Studies. 2. Providing services in connection with replacement of work damaged during construction by fire, earthquake, wind, accident or other causes. 3. Providing services made necessary by the default of the Construction Contractor or by major defects or deficiencies in the work of the Construction Contractor. 4. Providing services made necessary by the failure of either the Owner or the Construction Contractor to perform responsibilities required of them by the Construction Contract. 5. Providing services in connection with an arbitration proceeding or legal i~roceeding to which the~ Consultant is not a party. o Providing environmental impact statements. Selection of furniture. Preparing record drawings, over and above those required under Construction Phase Basic Services, from marked up prints furnished by the Construction Contractor showing significant changes made during construction. Any such services requiring more than ~en (10} hours in the aggregate of principals' time (see Attachment 'A' for list of principals) and forty (40) hours in the aggregate of employees' time shall be considered as Additional Services. Principals are defined as the Aquatic Facilities Consultant, the. Project Architect, the Principal Structural Engineer, the Principal Mechanical Engineer and the Principal Electrical Engineer. HAZARDOUS MATERIALS Consultant shall have no responsibility for the discovery, presence, handling, removal or disposal of hazardous materials in any form at the site of the Project including but not limited to asbestos products, PCB, radon, lead or other toxic substances. END OF DETAILED SCOPE OF WORK -5- Attachment "A" SWIMMINO POOL FOR THE CiTY OF WOODBURN DESIGN TEAM iNFORMATION 10B Don Cerey 8, Associates Lawrence E. Masson, Architect, A,I,A. Oon Cerey Lawrence E. MaSson Randall S. Sounders Larry Yeungman Vehid Abosaein Richard W. Den Carey & Assoc. Lawrence E. Mats°n° Architect, A.i.A. RSS Architecture Charles L. Youngman, Inc. Abossain .Engineering Engineered Electrical Project Manager Project Architect Associate Architect Structural Engineer Mechanical Engineer Electrical Engineer NA 1151 2720 5415 13211 7964 Backer Systems lOB EXHXBXT B C~t~'6 RESPONBZBXLZTXE6 It shall be the responsibility of the City to: A. Provide overall project direction B. Provide timely decisions on matters pertaining to Consultant's work in order to avoid unreasonable delay in the orderly and sequential progress of the Project. C. Provide, at City expense, the services of a geotechnical engineer to perform test borings, test pits, soil bearing value determinations, percolation tests, hazardous material evaluation, ground corrosion and resistivity tests including necessary operations for anticipating subsoil conditions, with reports and appropriate professional reco~mendations. D. Provide, at city expense, a detailed survey of the Project site. The survey shall include at-least the following: 2. 3. 4. 5. 6. 10. 12. 13. Property lines with lengths and bearings. Street right-of-ways adjacent to property. Pavements. Sidewalks. Fences. Topographic survey with 1-foot contour intervals. The product of this should be a contour map of the site and adjacent streets at a scale of 1# - 30'. Location and size of all existing structures on the property and on lots abutting the property. Location, size and species of all trees in the project area (approximate size of trunk, branch spread and height). Indication of other landscaping in the project area. Easements, if any, on the property. Location, size and depth of existing water, sanitary sewer, storm sewer, manholes, catch basins, etc; Location and characteristics of electrical power source that will be available for service to the facility. Location, type and size of other physical features in the project area (signs, phone booths, poles, barricades, steps, benches, dugouts, backstops, ballfield, etc.) E. Provide concrete testing performed by an independent qualified testing lab responsible to City. F. Report to Consultant in a reasonable time any defects in any aspect of the Project that come to the attention of City. EXHIBIT "C" Page I of 3 SWiMMiNO POOL FOR THE CiTY OF WOODBURN ESTIMATED DESIGN TEAM HOURS Don Carey & Associates Lawrence E. Matson, Architect, A.I.A. lOB DESlON DEVELOPMENT CATEGORY EST. HOURS RATE AMOUNT Aquatic Facilities Consultant 182 55.00 10,000.00 Project Architect 255 87.50 22o313.00 Associate ArChitect 30 71.50 2o 145.00 Architectural Drafter 200 35.00 7,000.00 Principal Structural Engineer 10 114.40 1,144.00 Project Structural Engineer 48.~ 63.80 3,086.00 Structural CAD Operator 80' 33.00 2,640.00 Principal Mechanical En~lineer 4 100.00 400.00 Project Mechanical Engineer 18 71.50 1,287.00 Mechanical CAD Operator 17.5 33.00 676.00 Principal Electrical Engineer 6 99.00 594.00 Project Electrical Engineer 30 66.00 1,980.00 EleCtrical OesignerlDraftar 10 55.00 550.00 Electrical CAD Operator 10 33.00 330.00 Clerical 66 33.00 2,178.60 TOTAL DE$10N DEVELOPMENT 56,907,60 ROUNDED TO: 66,900.00 EXHIBIT "C" Page 2 of 3 SWIMMING POOL FOR THE CiTY OF WOODBURN ESTIMATED DESIGN TEAM HOURS lOB Don Carey & Associates Lawrence E. Matson, Architect, A.I.A. CONSTRUCTION DOCUMENTS CATEOORY EST. HOURS RATE AMOUNT Aquatic Facilities Consultant 91 55.00 5,000.00 Project Architect 133 87.50 11o638.00 Associate Architect 40' 71.50 2,860,00 Architectural CAD Operator 300 33.00 9,900.00 Staff Architect 320 44.50 14,240.00 Architectural Drafter 3i~0 35.00 10,500.00 --Principal Structural Engineer 8''~ 114.40 916.00 - Associate Structural Engineer 8 75.60 607.00 _ Project Structural Engineer 36 63.80 2,297.00 ' 27 44.00 1,188.00 Structural Engineer Structural Technician 26 44.00 1,144.00 - Junior Structurat Technician' 20 35,20 704.00 Structural CAD Operator 40 33.00 1,320.00 Principal Mechanical Engineer I0 100.00 1,000.00 _ Project Mechanical Engineer 40 71.50 2,860.00 Mechanical Oesi~Iner 41 49.60 2,030.00 Mechanical CAD Operator 40 33.00 1,320.00 Mechanical Drafter 30 33.00 990.00 Principal Electrical Engineer 10 99.00 990.00 Project Electrical Engineer 40 66.00 2,640.00 Electrical Designer/Drafter 18 55.00 990'.00 Electrical CAD Operator 40 33.00 1~320.00 _ Clerical 140 33.00 4,620.00 TOTAL CONSTR. DOCUMENTS 81,073.00 ROUNDED TO: 81,100.00 EXHIBIT "C" Page 3 of 3 SWIMMING POOL FOR THE CITY OF WOODBURN ESTIMATED DESIGN TEAM HOURS lOB Don Carny & Associates Lawrence E. Matson, Architect, A.I.A. CONSTRUCTION PHASE CATEGORY EST. HOURS RATE AMOUNT _ Aquatic Facilities Consultant 64 55,00 3,500.00 Project Architect 150 87,50 13,125.00 Associate Architect 200 7 i .50 14,300.00 - Staff Architect 40 44~50 1,780.00 Principal Structural Engineer 8 114.40 915.00 Project Structural Engineer 60_. 63.80 3,828.00 Structural Engineer l(J 44.00 440,00 Structural Technician 40 44.00 1,760.00 Principal Mechanical Engineer 4 100.00 400.00 Project Mechanical Engineer 9 71.50 644.00 Principal Electrical Engineer 4 g9.O0 396.00 _ - Project Electrical Engineer 57 66.00 3,762.00 Electrical DesignerlDrafter 20 55.00 1,100.00 Clerical 64 33.00 2,112.00 TOTAL CONSTRUCTION PHASE 48,062.00 ROUNDED TO: 48,000.00 FROM: SUBJ.: DATE: Mayor and City Council Chris Childs, City Administrator ~ Resolution Authorizin0 Iss,,~nce of Gen. Obliaation Bonds May 5, 1994 10C RECOMMENDATION: Approve accompanying Council Bill (Resolution) authorizing issuance 'of General Obligation bonds in the amount of $1,755,000 for construction of a new city aquatic center. BACKGROUND: This bond issue was approved by city voters at an election held on March 22, 1994. Approval of this Council Bill, in conjunction with a related Council Bill entering into a contract for c~n. suiting, engineering and architectural services, will enable the city to proceed with ~:he aquatic center project. Council has previously approved bond counsel and financial advisor services in connection with this bond issue. Generally rising interest rates make it prudent for the city to move rapidly in effecting the bond sale. It is also noteworthy that a significant number of bond measures are scheduled throughout the state for the May 17, 1994 Primary Election. Our advisors indicate that any resulting bond sales may dilute any competitive advantage the City of Woodburn may have at the present time. Staff's recommendation is for Council approval of the entire bond authorization ($1,755,000). Preliminary estimates have placed the cost of the aquatic center project at some $1..97 Million. A more precise estimate will be available u_pon completion of the engineering design document phase (6-8 weeks after the consulting & engineering contract is finalized). Uncertainties and volatilitY/in the construction industry, and. the economy generally, could easily impact a project of this size and importance. Certain FEMA funds, and city money already set aside as matching funds for the FEMA dollars, have previously been factored into the equation in arriving at the amount of bond authorization to be voted on. Beyond that, contributions and brick sales have generated almost $100,000 to date (primarily due to a single anonymous ple~lge of $80,000). Whether or not funds will be forthcoming from any of the applications made 'to charitable foundations is not yet known at this time. Publicity supporting the ballot measure specifically implied to the voters that any donations, foundation grants, etc., received would be utilized to reduce, in some 2 - G.O. Bond Resolution (515194) manner, the costs to-local taxpayers in connection with the bond issue. It is imperative that the city 'keep the faith" with the voters in this regard. To maximize the return to the taxpayers, staff recommends an approach that aCL~urplus donations or bond proceeds not needed to meet the final cost of the project, when known, be applied toward payment of bond principal in any or all of the second through fourth years, depending on the amount of dollars involved. This would result in a direct reduction in property taxes levied in any of the years (second through fourth) in which this would be applied. The city will be ~ to levy the full amount of principal and Interest due in F.Y. 1994-95, since certification of the tax levy amounts 13]Ja2t be f?d with t.he county assessor by July 15, 1994. Thus, the exact details of what conttgurafion tne tax reduction would take will only be known after the project is second year ............. * funa~ are on hand. Conversation with key 811 oonafions u, ..=.. ~ completed and ..... ,..~, .... --=*entatives of the Pool Committee, measure,irtGlUUlll~ gel'~'o° proponents of the bond . _ ...... '" ~--* '~e" the faith' with the voters. suggests that an 8pproacn of this nature w,,, uuaL -= . tions exist in that a) any surplus could be saved until the final year and Other o.p .... ,__ .~ A,.t,, fifteen years, b) the surplus could be · reb earning inTeresT To, um ~.u.o . _ - applied, the Y ...... J_L ..... t...hr0unh each year of the bond term, to be a ilao evenly. To OUUL programmed PP ...... , ....h ua=r It reduction realized in any · me COST reouG[Ion tn ue~.. affording taxpayers so ...... ,-, o- -~ noticed}, or c) any surplus uld be almost too iriconsequenum w ug . given yea. r we ............. ~ *hen used to exercise the call privilege and retire nvestecI TorTen yuula o, ,u · could be i ............ ,~ ..... ,+ t~ the nreatest savings to the city because nos. ! ne lat~er wuulu ,==u,. ,,. = . some of the bo .... J -'.'--=--*e interest on the retired bonds in me for ten years eno u,.,,,,,o- it would produce in.co. . .... ~_ ~= ..... .~lo 'tax relief' until after the tenth the last five years, out woulo provide year. A final, significantly different, option would be to reduce the amount, of bonds sold by so.me, specific amount determined by the Council (such as $100,000; representing the contributions in hand, etc.). This is a somewhat risky approach since we do OJ2t have the benefit of the more precise A & E project cost estimates which will be available following the proiect design phase. As previously noted, the Resolution is prepared in accordance with the staff recommendation and arrangements have been mede for necessary publications, etc. Selection of this last option will entail significant textual changes to the Resolution and accompanying schedules, as well as alteration of timelines for publication, etc. Such changes would have to be carefully made and reviewed and a new Resolution submitted for Council action at a subsequent meeting. 10C C. OIINCl[, BILL NO. RESOLUTION NO. RESOLUTION OF CITY OF WOOl)al IRN, MAR. ION COUNTY. eKE(iON AUTI-IORIZINC; T[ IE ISSUANCE OF GENERAl. OT~L, IGATION BONDS "1'O CONSTRUCT, FURNISH AND V. QUIP A COMMUNITY SWIMMING POOl. COMPLEX AND TO PAY ALI. COST INCIDENTAL THEi{E'i'O. WtlEKEA$. this City Council submitted to the legal vot~:r~ cTthe City of Woodburn. Marion County, State of Or,on (the "City"), the question ofe, e. nlrao'ting a gcneeal obligation bond,.'d indcbt~lne$~ iii tim :~um of $1,7.~5.000 to eonstrucl, furni.~h and equip a community .nwimming pool complex and to pay all costs incidental therelo; end WHEREAS, the elation was duly and legally held on Tuesday, March 22, 1994. and thi~ Council has e~qnvas<d the result thereof and ha~ declared thai isa~ancc of bonds in .~uch m:m has been approved by a majority orlhe qualified vmer.~ of the City voli~;g at the ~leclion: now, thortdbre, - City of Woodburn, Marion County. Oregon. resolves ns follows: Section 1_ Issue. 1.1. For tho nbavt' pnrposcs, thc City shall i~u~ its Ciuuulal Obligation Bonds, SerioUs l~.;.~ (thc "Bonds"). itt th~ amCOUlit of One Milllon ~oven i lundre, d Filly-Five 'l'hou~and Dollars ($1.755.000). lo be dared June !. lq~4~, h'~ be i. denominations ol'Fivo Thou~:and Dollar:~ ($~,OO0) or integral multiples thereof, to bear interest payable on June I and l)ccemb~r I of each year until maturity or prior rex~cmption, commeach~g Jun~ 1. 1995. and to fflalure on June I of each.year as £ollow~ unless term Rends arc hid pur.nuan! tn the Official Nolicc of Bond Sal,,t. Date 1995 199~ 199g! 1099 20OO. 2002i ,4 t~zou nf /)ate ,~ n~ou n f $85,000.00 2003 $120.0o0.00 90.000 00 2004 125.000,00 90,000.00 2005 ! 30.000.00 95.000.00 2000 13 5,000.00 100.000.00 2007 145,000. GO 103.000.00 200M 150.000.00 I I 0,000.00 2000 160;00o.00 115,000 00 Seclion 2, Bond Book-Kn(ry-Form. 2.1. Thc Bo.ds ~hall be iqitially is~u~:d in book enl.-form, w~vh no l~ond~ being made: ayailabl¢ to the Bondownors. The City Kecorder shall ~cct,tc and dchvc~ leti¢r~ of repre~ntation~ to Thc I }cpository Trust Company, New York, New York ("DTC") for thc Bond~. in form and substance satig~actfiry to DTC go long as thc Bonds arc i. l)ook-cnt~ t~rlll: Page ~1 - Re~oltltion ~,~,.,,~,, 2. I I. Ownership vi' the Bonds shall he recorded through cntric~ on ti~c book~ of banks and broker-dealer pnrtieilaant, and correspond~m~; tl~at .qre related to emrics on thc DTC ~ystcm. The Bonds shall be initially issued in ibc form al' ~ global bond. Each global bond .~hall be registered ill thy tlalne of'Ce(Ia & Co. as nam{ncc of DTC as. thc 0wlwr o[' thg Bond. alld ~ltIh glnhal hond.~ shall he lodg~,xJ with D'J'C until early redemption or maturity at' thc [land issue:. 2.1.2. The Registrar shall remit paymcnt for the maturing principal and intcrc~o't on the Bonds to D'rC as owner of'the Bovd:~ Ibr distribufior', by ~hc nominee ~o th~. beneficial own~r~ by re¢ord~ entqt on thc honk.~ nfi'}TC participanl ~ and ¢Orrespondenm While lhe Bond.~ are in book.cnt,'y-b0rm, tlw Bond~ will he available in denominations of $5,000 ur any integral multiple ~hcremt. 2.1. In the event DTC de..tcrmlncs not %o cu~ltiliu~ tO aG[ ~'; s~curhjes depository far the Re/nd~, or thc Cily dctcm~ines that DTC shall no lnnger .~ act; then the City will disc0Mi,u~ maintaining tl~e lgonds in the hook.,:ntry-IBm, ,ulth BTC. 2.3. Not'withstanding th, provisions regarding exchange and transfer of Bonds set tbrth in this Resolution, while the Bonds are in book-entry-form they ,nay not be transferred or exclumgod on the registration books maintained by the Paying Agem exc, epl. 2.3.1. to any successor dcpository designated by the City as provided below; 2.3.2. tu any successnr nomlnee designated by a dcposito,'y, ut 2.3.3. irthe City elects to discontinue maintaining the Bonds in ent~/-form, the City shall caus~ the Paying Agem m m,~he, nrit,.~,o, and deliver rcplac~,n~nt Bonds in fully registered form in authorized denominations in the names or,he beneficial o~¢,'s or their nomine~s: thereafter the provision.~ met forH~ herein, regarding transr0r and exchange of'Bonds shall apply. 2.4. Upon the resil/,nation of'any in.q~imtion ncrlng as dcl)ository hcreu~der. th~ City det~min~ lhat cominualion or any institution in the r01e 0fd0pnsil0ry is nnt in the ~t in~emxts el'thc beneficial ~wIl~l'$. the Cily shall ntmmpt m idomi~ naoH~m' in~lilulion qualified to ~ct a~ d~pbsitm~ hereunder or ~hall di~ontinuc maintai,mg th~ Bonds in book-en,y, fi~rm hy r~olution or ordinance. If thc City is unable m identify tach su~cssor depo,ilm7 prior to the elr~fiv~ date of the resignation, the City shall discontinu~ maintaining tim Bond~ in hook-eatS- farm as prodded above. 2.5. With respect to Bonds rcgislcrcd in thc registration books maimained by Paying Agent in thc name of thc nominee of DTC. ~he ~iD' and the PnyinB Agent ~ha[! have no respansibili~y or obligation m any paaicipant or con'espondcnt of DTC m' lo any beneficial owner on b~hnlf of which such participants or correspondenr~ net n~ agent for thc benelicial owner with Pag~ ::2 - Kesolution :*.v~w~m,,n,~,.,~,,~,.,,' 10C 2.5. !. thc accuracy of the records ot'DTC, thc Nominee or any participant or corr~pondent with respect to any beneficial owner's interest in thc Bonds; 2.5.2. the delivery to any participant or correspondent or any other person of any notice with respect to the Bonds, including any notice of prepayment; 2,5.3. thc selection by DTC of the b~icficial intercsz in Bonds to be redeemed prior to maturity; or 2.5.4. the payment to any participant, correspondent, or any other person other than the registered owner of the Bonds as shown in the registration books maintained by the Paying Agent, of any amount with respect tn principal or interest on t},e Bonds. 2.6. So long a.n thc Bonds arc in book-entry-form, thc Paying Agent will givc nay notice of redemption or any other notices required to be given to registered owners of Bond.~ only to DTC or its nominee registered as the registered owner thereof. Any failurc ot'DTC to advise any ofits participants, or of any participant to noti{'y the beneficial owner, of any such notice and its content oc efl;~ct will not affect the validity of the redemption et' the Bonds called for redemption or ofany other action premised on such notice. Neither the City nor the Paying AG.,ent is responsible or liable for the Failurc of DTC. or any participant tu make any payment or give any noticc to a beneficial owner in respect of the Bonds or any error or delay relating thcrcto. 2.7. Thc City shall pay or cause to be paid all principal and interest on the Bonds only to or upon thc order of thc owner, as shown in thc rcgistratlon books maintained by thc Paying ^gent, u~ their respective attorneys duly authorized in writing, and all such payments shall bc valid and effective to fully satisfy and discharge thc City's obligation with respect to payment thereof to the extent of the rum or sums so paid. 2.8. Upon delivery by DTC to the City and to thc owner ofwrittcn notice to the effect that DTC has determined to substitute a new nomince in place of the nominee, then the word "nominee" in this Resolution shall refer to such new nominee of DTC, and upon receipt of' such t~otk:c, the City shall promptly deliver a copy thereot'to the Paying Agem. DTC .shall tender thc Bonds it holds to thc Paying Agent for reregistration. 2;9. The provisions of this Section may be modified without the consent of the beneficial owners in order to conform this Section to the standard practices ef DTC for bonds issued in book-entry-form. Section 3. Optional RedeEnption. 3.1. The City reserves thc right to redeem all or any portion oldie. Rends maturing after June 1, 2004, by lot on June l, 2004, and on any interest payment date thereafter, at par plus accrued interest to the date fixed for redemption. Page 3- Resolution 10C 3,2. Amounts paid to redeem bonds by optional redemption will be applied to reduce the amount of bonds subject to mandatory redemption, if any, in order ol'~chcduled mandatory redemption. Section 4. Notice of Redemption of Bonds (DTC). 4. i. Noticc o£Redcmption (DTC). So long as the Bonds are in book-entry forTm, the Paying Agent shall notify DTC of any early redemption not less than 30 days prior to thc date fixed for redemption, and shall provide such infbrmation in connection therewith as required by a letter ofreprcscntation submitted to DTC in connection with the issuance of Bonds, Section 5. Notice of Redemption (No DTC). 5.1 13urine any period in which the Bonds are not in book-entry Form, unless waived by an), Owner of the Bonds to be redeemed, official notice of any redemption of bonds shall be given by the Paying Agent on behalf of the City by mailing a cody of an official redemption notice by first class mail postage prepaid at least 30 days and no~ more than 60 days prior to the date fixed for redemption to thc Owner of thc Bond t>r bonds to be redeemed at thc address shown on the bond register or at such other address as is furnished ia writing by such owner to the Paying Agent. The City shall notify the Paying Agent of any intended redemption not less than 45 days prior to the rexlcmption date. All such official m)tlccs of redemption shall be dated and shall state; 5. l. !. the redemption date. 5.1.2. th~ ,cdcmption price. 5.1,3. if less than all outstanding Bonds are ~o be redeemed, the identification (and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed, 5.1.4. that on thc redemption date the redemption price will become duc and payable ulxm each such Bond or portion thcrcof called for rcdcnq)tio~, m~d that interest thereon shall cease to aocrue from and after said date, and 5. l. 5. the placc where such Bonds are to be surrendered for payment of thc redemption price, which place of payment shall be the principal olEce of the Paying Agent. 5.2. Prior to any redemption date, the City shall deposit with thc Registr~,r an amount of money sufficient to pay the redemption price of all the Bonds or portions of Bonds which are to be redeemed on that date. 5.3. Official notice of redemption having been given as atbresaid, thc Bonds or portions of Bonds so to bc redeemed ~hall, on the redemption date, become dt~e and payable at the redemption price therein specified, and from and alter such date (unless thc City shall (let"at=It in thc payment of'the redemptinn price) such Bond.~ c~r portit~ns ofbondg ~hail cea.~e to bear Page 4 - Resolution 10C interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Rc~strar at the redemption price, lnstallmcnts of intcrcst due on or prior to the redemption date shall be payable as herein provided for payment of intercst. Upon surrender for any partial redemption of any Bonds. there shall be larepared lbr the regi.~tered owner a new Bond or Bonds of the same maturity in the amount of the unpaid principal. All Bonds which have been redeemcd shall be canceled and destroyed by the Registrar and shall not be-reissued. 5.4. In addition to the foregoing notice, further notice shall be given by thc Registrar as ,,tot out below, but no defect in said further notice nor any l~tilure to give all or any portion of such furthcr notice shall in any manner defeat thc effectiveness of a call for redemption if notice thereof is given as above prescribed. 5.4. I. Each further notice of redemption given hereunder shall contain thc information required abovc for an oflicial notice of redemption plus (i) the CI.$SIP numbers of'all Bonds bein$ redeemed; (i~) the date of issue of the l~¢,nds us originally issued: (iii) the rate of interest borne by each Bond being redeemed; (iv) the maturity date of each Bond being redeemed; and (v) any' other descriptive informs:ion needed ~o identify accurately the Bonds being redeemed. 5.4.2. Each further notice et'redemption shall be scm at least 35 days before the redemption date by r,-~gistered or certified mail or overnight delivery servicc to all registered securities depositorle~ then in the busdness ofhoidin$ substantial amounts obligations of types comprising thc Bonds (such depositories now being Depository Trust Company of New York, New York. Midwest Securities Trust Company of Chicago. Illinois, Pacific Securities Dcpo:;itocy Trust Company of San Franci<o. California and Philadelphia Depository Trust Company of Philadelphia, Pennsylvania) and to one or more national information services that disseminate notices el'redemption of obligations such as the Bonds (such as Financial Information, lnc.'s Financial Daily Called Bond Service: Interactive Data Corporation's Bond Schick;; Kenny Information $crvice'$ Called Bund Service; Moody's Municipal and. Government; and Standard and Poor's Called Bond Record.) 5.4.3. Each such further notice shall be published om: time in 7'he Phtyer of New York, New York or, if such publication is impractical or unlikely to reach a substantial number of the holder.~ of the Bonds. in some other financial newspaper or journal which regularly cart;cs notices of,ere,option of othc, obli~uik)ns sltruilm to thc Bonds, such publication to be made at least 30 days prior to the date fixed ibr redemption. 5.4.4. Upon the payment of the redemption price of Bonds being redeemed, each cheek or other transfer of funds issued for such purpose shall bear the CUSIP number identifying, by issue and maturity, the Bonds being redeemed with the proceeds of such check or other transfer. Page. 5 - Resolution 10C Section 6. Authenlication, Registration and Transfer. 6.1. No Bond sh',dl be entitled to any right or benefit under this Re~lution unless it shall have been authenticated by an authorized officer of the Paying Agent.. The Paying Agent shall authenticate all Bonds to be ddivercd at closing of ti~e Bonds. and shall additionally authenticate all Bonds properly surrendered for exchange or transfer pursuant to this Resolution. 6.2. The ownership of all Bonds shall be entered in the bond register maintained by the Paying Agent. and the City and the Paying Agent may treat the person liste:! as owner in the bond register as the owner ofthe Bond for all purposes. 6.3. While the bonds are in book-cnt~-tbrffL the Paying Agent shall transf.er Bond principal and interest payments in the manner required by DTC. 6.4. If the Bonds cease to be in book-entry-form, the Paying Agenl shall mail each intcrcst payment on the inlerest payment date ( or the next business day ofthc payment date is not a business day) to the name and addres.~ of thc Bondowncrs as they appear on the bond register as of thc fifteenth day of the month preceding an inteiest payment date (the "Record Date"). if payment is so mailed, neither the City nor the Paying Agent shall have any ti~rther liability to any party for such payment. 6.5. Bonds may be exchanged for an equal principal amount of Bonds of the same maturity which are in different denominations, and Bonds [nay be transl~rred to other owners if' th~ ~ondowner submits the £ollowing to the Payin~ Agent: 6,$. 1. wriLten instluctions for exchange or transtar satisfactory to the Paying Agent. signed by the Bondowner or attorney in fact and guaranteed or witne.~sed in a manner .~mi.~fa¢.'tnry to the Paying Agent: and 6.5,2. the Bonds to' be exchanged or transferred. 6.6. Bonds shall be considered submitted to the Paying Agent on the date tile Paying Agent actually receives these materials described above. 6.7. The Paying Agent shall not be required to exchange or Iransfer any Bonds submitted to it during any period beginning with a Record Date and ending on the next following payment date; however, such Bonds shall be exchanged or transferred promptly following that payment date. 6.g. The Payin~ Asent .~hall note the date ofauthent;cadon on each Bond. The date of authentication shall be the date on which the Bondowner's name is lismd on file bond register. 6,9. The City may alter these provisions regarding registration and transfer by mailing notification of the altered provision~ ~o all Rondowne~ s. Thc altu~ cd IJ~ ovisions shall take effect on the date stated in the notice, which shall not be earlier than 45 days after notice is mailed. Page 6- Resolution I ~gllrOw, x)DBI.~I~OOg~K.~I..LXX'~,,:~M 2n~1-2 10C Section 7. Security. 7.1. The full faith and credit of thc City are pledged to the succcssive owners of each of the Bonds for the punctual payrncnt o£such obligations, when due. Thc City shall levy annually, as providcd by law, a direct ad valorem tax upora all of the taxable property within thc City, without limit as to rate or amount, in sufficient amount, aRer taking into consideration discounts taken and delinquencle.~ that may ocz:ur in the payment of such taxes and other monies available for the payment of debt service on the Bonds, to pay the Bonds promptly as they mature, and thc City covenants with the owners of its Bonds to levy such a tax annually during each year that any of the Bonds, or Bonds issued to reffund them, are outsta~ding. Section 8. Mai,tenance of Tax-Exempt Status. 8. I. The City covenants for the benefit ofthe owncrs of the Bonds to comply wi~h all provisions of the Internal Revenue Code or 1986, as amended (the "C(xle") which are required tbr Bond interest to be excluded from gross income for federal income taxat?on purposes (except for certain taxes on corporations), unless the City obtains an opinkm of' nationally recogniz~ Bond Counsel that ~ch compliance is not required fi)r the interest paid on the Bonds to be so excluded. Thc City makes the following sp~;cific covcnants with respect to ~hc Code: 8.1.1. Thc City shall not take any action or omit any action, ifit would cause the Bonds to become "arbitrage txmds" under Section 148 of the Code and shall p~y any rebates to the United States which are required by Section 148(~ of thc Code. 8.1.2. The City s.hall operate the facilities financed with the Bonds so that the Bond.~ are. no! "private activity bond~" within ~he meaning of Section 141 of the Code. 8.1.3. The City shall comply with all reporting requirements. 8.1.4. Thc City shall pay any required rebates to the federal government. 8.1.5. The covenants contained in this section and any covenants in the closing documents for the Bonds shall constitute contracts with thc, owners of the Bonds. and shall be enforceable by them. Section 9. Designation of Bonds as Qualified Tax-Exempt Ot,ligalions. 9.1. The City designates the Bonds as qualified tax-exempt obligation.~ put.~.ant t,~ Section 265(b)(3) of'the Code. 'The Cit7 covenants ~ot to so designate tax-exempt obligations in the current calendar year in an aggregate amoum ot' more than $10,000,000. The Cil'y (and all subordinate entities thereof, ifany) does not reasonably expect to issue more than $10,000,000 or tax-exempt obligations during the current calendar year. Section 10. Rebate Exemption. 10.1. The City has general taxing powers. No portion of the Bond proceeds will he used to finance property' which is used in the trade or business of nongovernments, or is loaned Page 7 - Resolution .~.~ 10C to nongovcrnments. None of the Bonds are "private activity bonds" within the meaning o1' Section 14 i of the Code At least ninety-five percent of the net proceed.~ at'the llondg will be used for public improvements which will bc owned and operated by the City. The City (and all subordinate entities thereof, if any) does not reasonably expect to issue tax-exempt obligations in calendar year 1994 which have an aggregate face amount of more than $5,000,000. Accordingly, under Section 148(0(4)(c) of the Code, no rebatc to the United States is r~luircd to bc paid in connection with thc Bonds. Section 11. Defeag:~nce. 11.1. Thc City may defease the Bonds by setting aside, with a duly appointed escrow agent, in a special escrow account irrevocably pledged to the payment of the Bonds to be dcf'cascd, cash or direct obligations of'thc United States in an amount which, in thc opinion ora ccctificd public accourRant ~ttisf'actory to the escrow agent, without rclnvc$:nlc~lt, is at lea.si gquai tO the principal amount of the Bonds to be dcfcascci, plus intcrcst which will uccme thcrcon until maturity or any earlier date R~r which file i.d.s,er tm.~ given i~Tevocable instructions for cedemption, Such Bonds shall be paid hcrcunder, and shall cease to be entitled to any lien, benefit or security under this Bond. Rcsolution except thc ~ght to receive payment from such special escrow account; such Bonds shall not for any purpose of this Bond Resolution be deemed outstanding. Section 12. E~pe:'t Advisor. 12.1. Regional Financial Advisors, Inc. is hereby retained as the City's expert advisor. Section 13. Sale. 13. !. Thc Finance Director shall cause to be published in thc WtuMfl,r, lndepe,dent, Woodburn, Oregon. and in thc Daily drmrtml tffCommerce, Portland, Oregon, notices of sale of the Bonds in the form substantially as shown on Exhibit A attached hereto and by this reference incorporated herein, or summaries, as provided by law. The Bonds shall be sold upon the terms provided in the Notice of Bond Sale attached as Exhibit A(1 ). The Bonds shall be .~dd on the date and at the time and place stated in Exl~ibit A. unless the Mayor or City Recorder establishcs a diffcrcnt date, time. or place. Page g - Resolution ~'~,~ 10C -- Adopted by a vote of the City Council, with a quorum in attendance, this 9th day of May, 1994. _. ~ . / Passed by the Coundl Submitted to the Mayor Approved by the Mayor Filed in the Office of'the Recorder ATTEST: Ma~ Tennant, City Recorder City of Woodbum, Oregon APPROVED: ten Kelley, Mayor COUNCIL BILL NO. RESOLUTION NO. Pa~e 9 - Resolution 10C £xhibit A (I) Official Notice of Bond Sale $1,755,000 City of Woodburn Marion County, Oregon General Obligation Bonds Series 1994 NOTICE IS HEREBY GIVEN that sealed bids will be received on behalfofthe City of Wooclburn, Marion County Oregon (the "City"), for the purchase of its General Obligation Bonds, Series 1994 (the "Bonds"), until 10:00 o'clock a.m. (Pacific Time) on May 24, 1994, at the offices of Preston Gates & Ellis, 3200 U.S. Banco,'p Tow~, I I ! S.W. Fifth Avenue, Portland, Oregon 97204. at which time they will be publicly opened and announced, The bids shall be considered and acted upon by the City within four hours. ISSUE: The issue shall be in the aggregate principal amount of One Million Seven Hundred Fifty-Five Thousand DOLLARS ($1,755,000), eonfistin,g of registered Bonds in denomination~ of Five Thousand Dollar.g ($5,000) or intesral multiples thereof, ail dated .~unc 1, 1994. INTEREST RATE: The: maximum interest rate shall not exceed a true interest cost oreight percent (8%) per annum. Interest is payable semiannually on June ! and December I of each ye. ar until maturity or prior r~demption, commencing June 1. 1995. Bidders must specify the interest rate or rates which the Bonds hereby offered for sale shall bear. The bids shall comply with the following conditions: (1) each interest rate specified in any bid must be a multiple ofone onc-thou~nth of one percent (.001%); (2) no Bond shall bear more than one rate of interest; (3) each Bond shall bear interest from its date to its stated maturity date at the interest rate specified in thc bid; (4) all Bonds maturing at any one time shall bear the same rate o1' interest; and (5) no rate of interest may exceed 8%. ... ,MATURITIES: The Bonds shall mature on June I of each year as lbllows: Date A mount Dote /~ mount 1995 $85,000.00 2003 $120,000,00 1906 90,000.00 2004 125,000.00 i 997 90,000.00 2005 13 0,000.00 1998 g~;,000.00 2006 1:35,000.00 1999 100,000.00 2007 145,000.00 2000 105,000.00 2008 ! 50,000.00 2001 ! 10,000,00 2009 160.000.00 2002 115,000,00 Page 1 - Exhibit A(I) 10C OPTIONAL DESIGNATION OF TF. RM RONDS AND MANDATORY REDEMPTION: The successful bidder may designate one or more term Bonds, which consist of two or more consecutive maturities, which mature on the maturity date of lhe last of the consecutive maturities in an amount equal to the sum of the consecutive maturities, and which arc subject to mandatory redemption at par and by lot in amounts equal to the consecutive maturities which were combined iron term Bonds. BOOK ENTRY ONLY: The bonds are tn'he is~ted in regi.~tered, book-entry tbrm only and all bidders of thc bonds must be participants of'The Depository Trust Company, New York, New York, or affiliated with its participants. The certificates will be on deposit with The Depository Trust Company. The Depository Trust Company will be responsible for maintaining a book-entry system for rccording tho intcrest of its participants f.c)r the transl~r of'the intcrcsts ,,menS its participants. Thc parli~;ipants will be responsible for mainlaining records regarding thc beneficial ownership interest in the bond.~ on behalf'of the individual purchascrs. Individual purchase.~ may be made in the principal amount of $$,000, or any multiple thereol' through book entries made on the books and records oirThc Depository Trust Company and its participants. REGISTRATION: Thc Bonds will bc issued in fully registered Ibrm, and may be ¢~chan$cd at thc ¢xpe~se of' th~ City for similar Bonds ol'dilYerent aulhorizcd denominations. Bonds may not be converted to bcarcr form. OPTIONAL REDEMPTION: The City rescrves the right to rcdcem all or any portion o£the Bonds maturing affcr June 1, 2004, by lot on June l, 2004, and on any intcrcst payment date thereatter, at par plus accrued interest to the date fixed for redemption. Notice of'any call for redemption, unless waived by thc hold¢:a o£thc Bonds to bc redeemed, shall be given as required by the Lctter of Representations to The Depository 'l'ru.~t Company or shall bc mailed not less than thirty days and not more than sixty day.~ prior to such call to the registered owners of the Bonds, and otherwise given as required by the a,thorizing Bond. Resolution and by law; however, any I~ilure to give notice shall not invaiidatc the redemption et'the Bonds. All Bonds called for redemption shall cease to I:;ear interest, f'rom the datc designated in the notice. PAYMENT: Principal and interest are payablc, cither at maturity or upon earlier redcmption, by check or draft through the principal corporate trust office, of' ihe. rn[;i.~trar and paying agent of the City, West One Trust Company, in Portland, Oregon. YUKPOSE: The Bonds are being issued to construct, lhrnish and equip a community switnming pool complex and to pay all costs incidental thereto. Thc Bonds were authorized at a Special election held within thc City on'March 22, 1 qq4. 10C SECURITY: Thc Bonds arc general obligations of the City. Thc City has covenanted tn le~r an ad valorem tax annually which, with other available ftmds, will be sufficient to pay Bond principal and interest as they corec due. LEGAL OPINION: The approving opinion 0fPreston Gates & Ellis, Bond Counsel, of Portland, Oregon, will bc provided at no cost to the purchaser, and will be printed on the. Bonds at the expense ofthc City. TAX-EXEMPT STAT[JR' In the opinion almond Counsel, under existing law and conditioned on the City complying with certain covenants relating to the tax-exempt status of thc Bonds, interest on the Bonds is excluded from gross income fbr federal income tax purposes (except lbr certain taxes on corporations). Thc Bonds arc not "privatc activity bonds" under Section 141 of the Intcrnal Revenue Code of 1986, as amended (the "Code"). In thc opinion of Bond Counsel, the interest on thc Bonds is exempt from personal income taxation by the State of Oregon under pre.~em ~t,~te law. Bond Counsel expresses no opinion regarding other federal or slate tax co,~sequunc~s arising with respcc~ to the Bonds. BEST BID' The Ronds: will bc awarded to the re.,pons~ble bidder wltos¢ propo~ul will result in the lowest true intcrest cost to the City. 'J'rue imerest cost will be determined by doubling the semiannual interest rate necessary to discount th(: dcbt service to June I. 1994, and the price bid for the Bonds. Each bidder is requested to supply the total interest cost and the true interest cost that the City will pay upon xhe issue if the bid is accepted. Thc purchaser must pay accrued intcresL computed on a 360-day basis, ti'om the date ortho [.?,onds to the date of delivery. Thc cost of printing the Bonds will be paid by the City. CERTIFICATE REGARDING INITIAl. OFFERING PRICE: To provide the City with inlbrmation required to cnable it to comply with certain conditions ortho Code relating to the exclusion of the interest on the Bonds fi'om the gross income oftheir owners, the successful bidder will be required to complete, executc and deliver to Bond Cot, nsc] (on or bclbre three business d~ys prior to thc date of delivery of the Bonds) a certification pro~,idcd by i~ond Counsel as to the "issue price" ofeach maturity of the Bonds. in the event the .~uccessful bidder has (I) purchased the bond~ for its own portfolio without intention to resell the Bo~ds. or (2) made a bona fide private pl~,cement of the Bonds. such certificate may be modified in a manner provided by Bond Counsel, Each bidder, by .~ubmitting its bid. agree.~ in complete, execute and deliver such a certificate, if its bid is accepted by thc City. Failure to honor this agreement may result in thc cancellation of the sale and the fbrfei.~ure ortho succe.~sful bidder's good faith deposit. DELIVERY; Closing will occur in Portland, Oregon. Delivery of thc bonds will be made without co~t to The Deposito~ Trus! Cornpan¥. New York, New Yusk, ~)n ur about June 7. 1994. Payment for the bonds must be made in funds immediately available. Page 3 - Exhibit A( ! ) , ,,,,).,~,..,,,, :.~,c~.:,...s~ ~. 1OC FORM OF BID: All bids must bc for not less than all the Bonds hereby oflErcd for sale. and for not less than 08.5% of'the par value thereof and accrucd intmcst to the date of delivcry. Each bid together with bidder's check as herein specified must be enclosed in a sealed envelope addressed to the City and designated "Proposal for Bond.~" BID CH'ECK: All bids must bc unconditional and accompanicd by a certified or ca.lhier's check on a bank doing business in the .State et'Oregon for Thirty-Six Thousand Dollars ($36,000) payable to the order of the City to secure the City from any loss resulting t¥om the failure ofthc bidder to comply with the terms of'its bid. Checks will bc trorli~itcd to th~ City as liquidated damages in case the bidder to whom the Bonds are awarded withdraws its bid or fa~ls to completc its purchase in accordance with the terms thercof. No intere.qt .qhall be allowed on tl~e deposit but the check of'thc successful biddcr will be retained as part paymeat of the Bonds or fi~r liquidated damages as described above. Checks of the un.qucccssful bidders will bc returncd by the City promplly. RIGHT OF REIECTION: Thc City reserves thc right to rcj~,x;t any ~.n all bids. and to waive any irregularities. OFFICIAL STATEMENT AND FURTIIER, INFORMATION: Further information and a preliminary official statcntent relating to the Bonds will be provided upon request to its finmacial advisor, Regional Financial Advisors, Inc., 73~ $.W. Vista Avenue, Portland, Oregon 97205, telephone: (503) 227-2009. COMPI..IANCE WITH SEC It. ULES: The City agrees to provide the successtbl bidder with up to 15(i copies of the official statement in a Ii,tm "deemed final" by the City for the Bonds at the expense oflhe City, and such additkmal copies as the successful bidder may reques~ in its bid fo~,n at thc expense of the bidder, not later than the sevemh business day following the dat~ on which bid~ are du~. Bidder~ ~hc, uld expect that the official statements unll not be available prior to the seventh business day following Ihe date on which bids are due. and should not issue confirmatlc~n.q which request payment prior to that date. Thc succc.s:~lial bidder must provide the rcoffering yields or priccs which will be printcd on the covcr et'the final ~)tt~cial statement to the City's financial advisor within twenty-four hours after bids, a,'c opened. Thi.q provision will constitute a contract with the successful bidder upon acceptance of its bid by the City, in compliance with Section 240.15c2.12(b)(3) in Chapter I1 oflitle 17 ~fthc Code of F 'cderal Regulations. C(IRlP' CLI~IP numbers will be imprinted upon all Bonds ofthls issue at City's expense. Failure to prin~, or improperly imprinted numbers will not constitute basis for the purchaser to refuse to accept delivery. NO LITIGATION: At ~hc time ofpaymcnt lbr the delivery of said Bonds. the City will furnish the successful bidder a certificate tltat there is no litigation pending afl,cling the validity of thc Bonds. 10C FURTHER INFORMATION: Additio,~al information rcgarding the City and this ~I¢ may be obtained fi.om Mavj Tennant. City Recorder, City otrWoodbum, 270 Montgomecy Street, Woodbum, Oregon 97071, telephone: (503) 982-5211, City Recorder City otOWoodburn, Marion County. Oregon 10C Summary Notice of Bond Sale $1,755,000 City of Woodburn Marion Cotsnty, Oregon General Obligation Bonds Series 1994 NOTICE IS 11EREBY GIVEN that sealed bids will be received on behalf el'City o£Woodbum, Marion County, Oregon (thc "City"), at the office of Preston Gates & Ellis, l.awyera, Suite 3200, ! ! 1 S.W. Fifth A'¢enu¢, Portland, Oregon, 97204, until 10:00 o'clock a.m. (Pacific Time) on Tuesday, May 24, 1994. The Bonds will be dated June 1, 1994, will be in denominations of $5,000 each or integral multiples thereof, and will mature in varyin$ amounts from June 1, 1995 to June l, 24F1~,.~ o o ~ inclusive, and are callable on June 1, 2004 at par. In thc opinion of Preston Gates & Ellis. Bond Counsel, assumin.g compliance by the City with its covenants relating to the tax-exempt status of'the Bonds and except for cenaln taxes on the book income ofcorporations, interest on the Bonds is excluded l?om gross income for federal income taxation and is exempt t~r Oregon personal income taxation purposes. The Bonds are not private activity bonds. The successful bidder must certify the reoffering Price as provided in the complete Ofiicial Notice of Bond Sale for the Bonds. The City has designated the Bonds as "qualified tax-exemp! obligations" pursuant to Section 265(b)(3) of the Internal Revenue Code et' 1986, as amended. 'Complete copies of the Official Notice orB{md Sale will bc published ia thc ~)ally .lear, al t~Commerce on approximately May 13, ]994 anti in the Preliminary Official Statcmem lbr the Bonds, which is available from the City's financial advisor: Regional Financial Advisors, Inc. 733 S,W. Vista Avenue, Portland, Oregon 07205; telephone (503) 227-2009, Attention: Christopher Scherer. City of Woodbum, Marion County, ere.gert MEMO TO: FROM: SUBJECT: DATE: 1OD City Administrator for Council Action Randy Scott, CE Tech III, through Public Works Directo Vacation of Public Right-of-Way for Country Club/Oregon Way Realignment Project May 4, 1994 RECOMMENDATION: Initiate public right-of-way vacation proceedings by approving the attached resolution which sets a formal public hearing for the regular scheduled council meeting of June 13, 1994. BACKGROUND: The vacation is in conjunction with the realignment of a portion of Country Club Road at the Hwy 214 intersection. The realignment would align Country Club Road with Oregon Way at the Hwy 214 intersection, eliminating one traffic signal and improving traffic flow. '~ The following criteria was established by staff to bring this recommendation before the council: The public interest will best be served by vacating and realigning Country Club Road with Oregon Way. 2. Utility easements will be retained to protect city maintained infrastructure. Traffic flow will be improved by the realignment project therefore reducing traffic congestion. All notification requirements will be followed by staff. CCVACA 10D COUNCIL B LL NO. / RESOLUTION NO. A RESOLUTION FIXING A TIME', PLACE AND DATE FOR A PUBLIC HEARING ON THE QUESTION OF WHETHER A CERTAIN PORTION OF PUBLIC RIGHT-OF-WAY NEAR THE INTERSECTION OF COUNTRY CLUB ROAD AND RAINIER ROAD SHOULD BE VACATED. WHEREAS, the City Council has the legal authority to initiate a vacation proceeding, and WHEREAS, it is in the public interest to conduct a public hearing-on the question of whether that certain portion of Country Club Road described herein should be vacated so that proposed road realignment can occur, NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The tract of real property~.ubject to the proposed road vacation is legally described as follows: Beginning at a point on the West line of Lot 1, Block 55 of Woodburn Senior Estates No. 6 in Section 12, Township 5 south, Range 2 West of Willamette Meridian, Marion County, Oregon, said point being north 00°12'21' West 20.01 feet from the Southwest corner of said Lot 1, Block 55; thence north 00°12'21' West along the west line of said Lot 1, 96.97 feet to the northwest corner of said Lot 1; thence south 88045'37" East along the north line of said Lot 1 35.83 feet; thence north 50°28'07" West leaving the north line of said Lot 1, 48.41 feet; thence north 88045'37" West 58.61 feet to a point on the west right-of- way line of Country Club Road; thence south 00°12'30" East along the west right-of-way line 127.03 feet; thence south 88048'20" East 60.01 feet to the place of beginning and containing 8,136 square feet of land. Subject to a public utility easement to the City of Woodburn more particularly described as follows: Beginning at the northwest corner of Lot 1, 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 south 88°45'37" East along the north line of said Lot I 35.83 feet; thence north 50028'07" West 48.41 feet; thence north 88°45'37" West 58.61 feet to a point on the west right-of-way line of Country Club Road; Page I - COUNCIL BILL NO. RESOLUTION NO. 10D thence south 00°12'30" East along the west right-of-way line 127.03 feet; thence south 88°48'20" East 24.00 feet; thence north 00°12'21" West parallel with the west line of said Lot 1, 97.00 feet; thence south 88°45' 37" East 36.00 feet to the place of beginning. A diagram of said tract is attached to this Resolution as Exhibit "A" and is incorporated herein. Section 2. That 7:00 p.m. on June 13, 1994 in the Woodburn City Council Chambers, 270 Montgomery Street, Woodburn, Oregon, is time and place for the public hearing on whether the above-described real property shall be vacated. Section 3. That the City Recorder is directed to give notice of public hearing provided by law. / J /~ as / -? ~, ~// Approved as to ,orm.'~/~'~'~ /~' '~'- ~ City Attorney Date APPROVED: Len Kelley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST' Mary Tennant, City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. RESOLUTION NO. EXHIBIT "A" ~ OD .., SUBJECT AREA VICINITY MAP LOT/? TO ;ED RAINIER ROAD LOTI ~LOCK~5 BOUNDARY STATE HIGHWAY 214 LOT ,~ BLOCK~5 TO: FROM: SUBJ.: DATE: Mayor and City Council Chris Childs, City Administrator ~ Insurance Apent of Record Selection Process May 4, 1994 10E I~ECOMMENDATION: That Council designate one of its members to assist staff in evaluation of applications for insurance Agent of Record. BACKGROUND: As Council may recall, the city's insurance Agent of Record contract expires on June 30, 1994. Because the Agent of Record became an issue of concern approximately a year ago when the contract was assigned, it is staff's desire to keep the Council fully informed ~ to any current developments in this regard. City Staff has administratively issued an RFP for Agent of Record applications, utilizing a process that has worked successfully, and has been continually perfected and improved upon, for over a decade. Within this process, which is consistent with both state and local public contracting rules, a group of finalists will be determined based on an objective scoring system. A similar scoring system has been developed and successfully used in the past for objectively evaluating the finalists. The evaluation panel tentatively consists of those staff members who deal on a routine basis with the Agent of Record (City Administrator, City Attorney and City Recorder) as well as a reputable and knowledgeable local insurance agent who is not an applicant for the Agent of Record designation. Because of the Council's recent interest in this area, it might be helpful that a Council member be designated as an additional member of this evaluation panel. Interviews of finalists for Agent of Record designation are tentatively scheduled for Thursday, May 12, 1994. Time is of the essence in this regard, so that a final recommendation can be made to the full Council on May 23, 1993 and the selected applicant can be involved with any city insurance issues that may need attention prior to the start of a new fiscal year. City of Woodburn Police Department 270 MontgTy~ Ken Wright Chief o~_oli~ MEMORANDUM Woodburn, Oregon 97071 (503) 982-2345 1OF Date: May 5, 1994 To: Mayor & Council C. Childs, City Administrator Subject: Sound Amplification Request On May 4, 1994 1 received a request for a Sound Amplification permit. Mrs. Angel Garcia is hosting a private baptism of her children. Mrs. Garcia's request is for Saturday May 14, 1994 between the hours of 6 p.m. and 9:30 p.m. City Ordinance 1900 allows that upon application the Council permits my be granted to responsible persons or organizations to broadcast programs of music, news stne~hes or general entertainment. I have spoken with Mrs. Garcia and requested that she contact all persons~ in the area and provide them the opportunity to object to the sound amplification permit. Mrs. Garcia has contacted the neighbors and provided the attached written petition. Recommendation: Approve the sound amplification request of Mrs. Angel Oarcia for Saturday May 14th between the hours of 6 p.m. and 9:30 p.m. B:$NDFMT.514 11A 5/04/9/* A/P CHECK LISTING FOR THE MONTH OF APRIL 199/* Page 1 Check Ntzrber Budgetary Account Number Vendor Name Vendor Humber Check - Date Uritten Amount of Check 22&52 BOND COUPONS 22453 FIRE BOND COUPON 22&54 ' FIRE BOND COUPON 22455 FIRE BOND COUPON 22456 FIRE BOND 22457 BOND COUPONS 22458 FIRE BOND 22459 FIRE BOND COUPON 22460 SUPPLIES-E#G 22461 SERVICES-POLICE 22462 PETTY CASH-VARIOUS 22&63 POSTAGE NETER-VARIOUS 22/*64 SERVICES-UATER 22465 V 0 ! D 22466 V 0 I O 22467 V 0 ! D 22468 SUPPLIES-STREET 22/*69 SERVICES-POLICE 22470 SUPPLIES-911 22471 SUPPLIES-ENG 22472 BOND COUPONS 22/*7'5 SUPPLIES-VARIOUS 22&7/* SERVICES-PUBLIC gORKS 22/*75 SUPPLIES-UUTP 22/*76 SUPPLIES-STREET 22/*77 REGISTRATION-POLICE 22/*78 SERVICES-PUBLIC gORKS 22/*79 SERVICES-911 22/*80 REINBURSENENT-CITY ADMIN 22/.81 SERVICES-STREET 22/*82 SERVICES-PUBLIC UORKS 22/*83 SERVICES-UUTP 22&84 SUPPLIE$-UATER 22485 SUPPLIES-WTP 22486 SUPPLIES-~ATER 22487 SUPPLIES'WTP 22488 SERVICES-PUBLIC k~KS 22489 SUPPLIES-POLICE 22490 SERVICES-UUTP 22/.91 SERVICES-911 22492 SERVICES-VARIOUS 22/*93 SERVICES-CODE ENFORCE 22/*9/* SUPPLIES-tR/TP 22/*95 SUPPLIES-t6/TP 22/*96 SUPPLIES-FINANCE STATE STREET BANK 018775 LEE SOBERS 018630 DANK OF AMERICA 001128 D.A. DAVIDSON & CO 003085 SMITH,BARNEY SHEARSON 018563 DEPOSITORTY TRUST CO 003211 CEOE & CO 002299 LAgRENCE A. BARTON 001152 OFFICE MAX 01/,031 R I VERHOUSE 0172/.6 CITY OF gOOOBURH 015255 POSTAGE BY PHONE 015/.66 US POST OFFICE 020090 VOID VOID VOID ,? VOID VOID VOID SUMMIT TRAINING SOURCE INC NONE 215T ICPC SEMINARS NONE ALCO CAPITAL RESOURCE 000104 ALPHA SOFTUARE CORP 000169 BANK OF AHERICA 001129 BI-MART CORPORATION 001275 BC)6'S BACKHOE SERVICE 001325 BUSINESS CONMUNI CATIONS 001626 CANDY SANO& GRAVEL CO 002060 CAREER TRACK 002123 CARLSON TESTING INC 0021/.3 CELLULAR ONE 002305 CHRIS CHILDS 002/*48 CHS SOFT~ARE INC 002/*76 CH214 - H I L L 002472' Cl NTAS 002/*84 COLUMBIA UNIVERSITY PRESS 002684 CONREY ELECTRIC INC 002765 CONSOLIDATED SUPPLY CO O02T/O CONVEN ! ENCECARO 002815 OANEAL CONSTRUCTION INC 003028 FRANKLIN GUEST CO 005332 GENERAL ELECTRIC CONPANY 006080 GERVAIS TELEPHONE CO 0061/.3 GIBBENS CONPANY 006180 G.T.E MODI LNET 006373 G.~. HARDUARE CENTER 006~05 HIGH PURITY CHEMICAL INC 007189 I . C. M.A. 008023 4/01/94 1,075.00 4/01/94 5,175.00 /*/01/94 175.00 /*/01/94 175.00 /*/01/94 5,000.00 4/01/94 3,847.50 /*/01/94 20,000.00 /*/01/94 5,175.00 4/05/94 599.00 /*/O6/94 73.83 /*/07/94 161.87 4107194 600.00 4/08/94 230.51 /*/08/94 20.00 4/08/94 125. O0 /*/08/94 119.25 /*/08/94 /*9.90 4/08/94 457.50 4108194 124./*6 4/08/9/, 125.00 4/08/94 225.80 4/08/94 681.36 4/08/94 98.00 4/08/94 270.00 /*/08/94 24.94 /*/08/94 301.82 4/08/94 4, 021. O0 4/08/94 2,166./.8 4/08/94 310.59 4/O8/94 114. O0 4/08/94 8.30 4/08/94 2 · 037. O0 4/08/94 219.88 4/08/94 39,394.12 4/08/94 26.65 4/08/94 600. O0 4/08/94 95./*/* /*/08/94 311.50 /*/08/94 67.2/* 4/08/94 286.07 4/08/94 100.12 4/08/94 19.50 A/P CHECK LISTING FOR THE NONTH OF APRIL 1994 11A Page Check N~ber Budgetary Account Nm~er Vendor Name Vendor Nmber Check - Date Written Amount of Check 22497 SUPPLIES-VARIOUS INDUSTRIAL WELDING SUPPLY 008100 4/08/94 122.12 22498 SERVICES-ENGINEERING JOB SHOPPERS INC 009119 4/08/94 480.00 224~ SERVICES-PARKS JASON K. LAPOINT 011080 4/08/94 225.00 22500 ' REGISTRATION-ADHIN/FIN LEAGUE OF OREGON CITIES 011110 4/08/94 50.00 22501 SERVICES-COURT #SI GROUP lNG 012015 4/08/94 125.00 22502 SERVICESo~dTP MAPLE RIDGE dANITORIAL 012073 4/08/94 420.00 22503 SERVICES-UUTP GORDON L. #ERSETN P.Eo 012434 4/08/94 22504 SUPPLIES-VARIOUS NETROFUELING INC 012448 4/08/94 642.Z5 22505 SERVICES-911 MONITOR CO-OP TELEPHONE 012550 4/08/9& 170.00 22506 SUPPLIES-LIBRARY NEAL'S FRANERY & GALLERY 013146 4/08/94 61.25 22507 SERVICES-VARIOUS NORTHUEST NATURAL GAS 013350 4/08/94 801.95 22508 SUPPLIES-WATER NORVAC ELECTRONICS INC 013373 4/08/94 6~o00 22509 REGZSTRATION-POBLIC UORKS OR CITY ATTY'S ASSN 014128 4/08/94 95.00 22510 SERVICES-BUILDING OR BLDG COOES AGENCY 014160 4/08/94 398.74 22511 SERVICES-COOE ENFORCE OR DEPT OF NOTOR VEHICLE 014240 4/08/94 24.00 22512 SUPPLZESoPARKS PAC-UEST DIST ~* 015001 4/08/94 103.88 22513 SUPPLIES-POLICE PACIFIC PRINTERS 015058 4/08/94 45.00 22514 SUPPL[E$-WWTP PACIFIC PURE BOTTLED UATER 015059 4/08/94 33.00 22515 SERVICES-STREET PAUL'S SMALL MOTOR SERV 015175 4/08/94 65.90 22516 SERVICES-PARKS PIONEER GLASS 015330 4/08/94 20&.75 22517 SUPPL[ES-W~I'P PLATT ELECTRIC CO 0153~0 4/08/94 222.01 22518 ~tJPPLIES-C STORES PITNEY BO~ES 015350 4/08/94 171.00 22519 SERVICES-VARIOUS PORTLAND'GENERAL ELECTRIC 015420 4/08/94 12~671.74 22520 SERVICES-WATER RADIX CORPORATIOB 017035 4/08/94 20.00 22521 SERVICES-COURT TERRY RAHIREZ 017050 4/08/94 32.00 22522 SUPPLIES-WYTP JACK RAWLINGS 017054 4/08/94 63.20 22523 SERVICES-911 ST PAUL COOPERATIVE TELEPHONE 018035 &/08/94 177.60 22524 SERVICES-NON DEPT SCOTT & ASSOCIATES 018~10 4/08/94 ~0.43 22525 SERVICES-WATER SERVICENTER 018~60 4/08/94 444.24 22526 SERVICES-CITY ATTY N. ROBERT SHIELDS 018~50 4/08/94 4,680.00 22527 SERVICES-911 SILVER FALLS 911 018~68 4/08/94 89.70 22528 $UPPLIES-UATER SILVERTON SAND & GRAVEL 018/.90 4/08/94 801.90 22529 REINBURSENENT-LIBRARY MAUREEN SNITH 0185(d, 4/08/94 26.00 22530 SERVICES-LIBRARY SOUND ELEVATOR CO 018610 &/08/94 158.36 22531 SUPPLIES-911 SUCCESSORIES OF OREGON 018815 4/08/94 86.00 22532 SUPPLIES-911 SUPER VINYL SIGNS & BANNERS 0188~? 4/08/94 88.00 22533 SUPPLIES-VARIOUS TELECONN SYSTEHS INC 019043 2253~ SUPPLIES-POLICE TERRITORIAL SUPPLIES INC 019060 4/08/94 79.00 22535 SUPPLIES-VARIOUS THE J. THAYER COMPANY 019100 &/08/94 323.40 225~6 SUPPLIE$-C GARAGE UNOCAL:ERNIE GRARAH OIL 020010 4/08/94 271.45 2253? SERVICES-VARIOUS UNITED DISPOSAL SERVICE 020020 4/08/94 586.50 22538 SERVICES-VARIOUS U.S. UEST CONNUNICATION$ 020095 4/08/94 6~2.75 22539 SUPPLIE$-UUTP VALLEY ~ELDING SUPPLY 021050 4/08/94 9.00 22540 SERVICES-WATER RO0 VISTICA~$ TREE SERVICE 021201 4/08/94 300.00 22541 SUPPLIES-VARIOUS WAL-MART STORES INC 022035 &/08/94 140.46 22542 REI#BURSE#ENT-911 NARIARNE UOLF 022459 4/08/94 124.12 126,186.03 llA 5104194 A/P CHECK LISTIHG FOR THE MONTH OF APRIL 1994 Page 3 Chuck N~r 225&3 22~44 22545 22546 22547 22548 22549 22550 22551 22552 22553 22554 22555 22~56 22557 22~58 22559 22560 22561 22562 22563 2256~ 22565 225~' 22567 2~ 22569 22570 22571 225~ 225~ 2257a 225~ 22576 225~ 22578 225~ 22580 22581 225~ ~5~ ~5~ 22585 225~ 22587 225~ Budgetary Account Nmber SERVICES-POLICE SUPPLIES-~I'R/M~TP SERVICES-POLICE SUPPLIES-M~TP SUPPLIE$-tNTP PATROL CAR-POLICE PETTY CASH-VARIOUS SERVICES-MATER VOID VOID VOID REFUND-W~TER/SEMER REFUND-MATER/SEMER REFUNOoMATER/SE~ER REFUNO-MATER/$EUER REFUNO-MATER/SEUER SERVICES-PARKS SERVICES-PARKS SERVICeS-PARKS SERVICES-PARKS SERVICES-PARKS SERVICES-PARKS SERVICES-PARKS SERVICES-PARKS SERVICES-PARKS SERVICES-PARKS SERVICES-PARKS SERVICES-PARKS SERVICES-PARKS REGISTRATION-POLICE SERVICES-MATER SERVICES-VARIOUS SERVICES-VARIOUS SERVICES-POLICE/911 FIRE BOND COUPONS SERVICES-PUBLIC ~3tKS REIMBURSEMENT-LIBRARY SERVICES-PUBLIC MORKS SERVICES-ENG SUPPLIES-STREET SUPPLIES-MATER SERVICES-POLICE SERVICES-C STORES SERVICES-POLICE SERVICES-MATER SERVICES-ENGINEERING Vendor Na~ Vendor N~ioer IJ3OOBURN CARCRAFT 022508 t,KXX)BURN FERTILIZER 022590 UOOOBURN FLORIST 022600 MOOOBURN LUMBER CO 022660 t~OOBURN OFFICE SUPPLY 022670 RUSS CHEVROLET 017385 CITY OF ~COBURN 015255 US POST OFFICE 020090 VOID VOID VOID VOID VOID VOID A.E. HARRY, SR NONE DOROTY EVANS NONE G. ECKUORTZEL NONE ~AND NELSON CONSTRUCTION NONE DR PHILIP LEVEQUE ~: NONE MARTIN CAMPOS NONE ANNA PERFECTO NONE MAC NCOONALO NONE FRA#KIE DIAZ NONE SILAS HARVEY NONE NARY HENNING NONE LUCY DILLION NONE BARBARA RYSH NONE JEANIE TORRES NONE MON l CA EURIOUEZ NONE SAN JUAMA CORONADO NONE MARINA ESPINOSA NONE KEITH LLEtdELYN NONE PSU HATE CRIMES SYMPOSIUM NONE ARATEX SERVICES 000534 AT&T INFORMATION SYSTEMS 000620 AT & T 000623 AT&T LANGUAGE LINE SERV 000659 BANK OF AMERICA 001129 BOB'S BACKHOE SERVICES 001325 JUDY BRUNKAL 001576 CHZN- H I L L 002477' CH2N- H [LL 002478 COLUMBIA BOOY & EGUIPMENT 002665 COLVIN SAND 002683 MARGOT CUMLEY 00268~ AMERICAN BUSINESS MACHINES 002875 CREDIT NORTI6/EST CORP 002900 DAILY JOURNAL OF CO~ERCE 003020 DE HAAS & ASSOCIATES 003108 Check - Date Written Amount of Check 4/08/94 45.00 4/08/9& 406.30 4/O8/94 25.50 4/08/94 155.15 4/08/94 32.03 4/13/94 14,834.00 4/14/94 158.42 4/14/94 223.02 4/15/94 21.65 4/15/94 21.65 4/15/94 28.90 4115/94 7.45 4/15/94 23.10 4/15/94 100.00 4/15/94 100.00 4/15/94 50.00 4115194 100.00 4/15/94 90.00 4/15/94 60.00 4/15/94 100.00 4/15/94 20.00 4/15/94 20.00 4/15/94 50.00 4/15/94 30.00 4/15/94 50.00 4/15/94 30.00 4/15/94 50.00 4/15/94 6.30 4115/94 550.21 4/15194 286.31 4/15/94 345.76 4/15/94 1,050.00 4/15/94 897.14 4/15/94 90.00 4/15/94 1,208.37 4/15/94 1,961.49 4115/94 10,385.00 4/15/94 114.00 4/15/94 40.00 4115194 178.85 4/15/94 6.00 4/15/94 18.00 4/15/94 1,686.70 161,8~2.33 llA 5104/94 A/P CHECK LISTING FOR THE HONTH OF APRIL 1994 Page 4 Check Nurber 22589 22590 22591 22592 22593 22594 225~5 22596 22597 22598 22599 22600 22601 22602 22603 22604 22605 22606 22607 22608 22609 22610 22611 22612 22613 22614 22615 22616 22617 22618 22619 22620 22621 22622 22623 22624 22625 22626 22627 22628 22629 22630 22631 22632 22633 22634 Budgetary Account N~nker PERMITS-VARIOUS SUPPLIES-911 SUPPLIES-STREET SUPPLIES-UWTP SUPPLIES-UATER SUPPLIES-LIBRARY SERVICES-klUTP/WATER REIMBURSEMENT-LIBRARY SERVICES-CITY HALL SERVICES-ENGINEERING SERVICES-ENGINEERING SERVICES-MAYOR SERVICES-CITY HALL/LIB SERVICES-PUBLIC WORKS SERVICES-PUBLIC WORKS SERVICES-BUILOING SUPPLIES-VARIOUS SUPPLIES-ENGINEERING SERVICES-NON DEPT SERVICES-ENGINEERING SUPPLIES-CITY ATTY EXPENSES-UWl'P SUPPLIES-TRANSIT SUPPLIES-STREET SERVICES-VARIOUS SUPPLIES-DAR SERVICES-COURT SUPPLIES'STREET SUPPLIES-TRANSIT EXPENSE$-UWTP SUPPLIES-STREET REIMBURSEMENT-LIBRARY SUPPLIES-STREET SERVICES-POLICE REIMBURSEMENT-FINANCE REI#BURSENENT'POLICE SERVICES'VARIOUS SERVICES-VARIOUS SUPPLIES'WATER REIMBURSEMENT'LIBRARY MOTEL TAX-NOR DEPT SERVICES-VARIOUS SUPPLIES-911 SUPPLIES'STREET REFUND-WATER/SEWER INVESTMENT'NON DEPT Vendor Name Vendor Number Check - Date Written Amount of Check DEPT OF ENVIR. QUALITY 003205 4/15/94 175.00 DICTAPHONE 003220 4/15/94 28,960.50 EDWARDS EGUIPMENT CO ]NC 00~091 4/15/94 358.51 ENVIRONMENTAL RESOURCE 00~218 4/15/94 58.50 H 0 FOULER CO INC 005210 4/15/94 3,309.05 GENERAL ELECTRIC CAPITAL 006079 4/15/94 136.00 G.T.E. NOBILNET 0~373 4/15/94 70.95 GENE HAGEN 007035 4/15/94 16.50 C.J. HANSEN CO INC 007055 4/15/94 &O~.O0 JOB SHOPPERS INC 009119 4/15/94 336.00 KITTLESUN & ASSOCIATES INC 010093 4/15/94 2,837.59 L & L DIRECTORIES 011012 4/15/94 190.00 LANOIS GYR 011032 4/15/94 946.00 LINNCO ELECTRIC COMPANY 011261 4/15/94 36,780.65 MARIOR COUNTY CLERK 012087 4/15/94 15.00 MARION COUNTY BLDG INS~C 012090 4/15/94 1,759.80 METROFUELING INC 012448 4/15/94 606.08 MZCROWAREHOUSE 012459 4/15/94 127.95 HUNZCON 012690 4/15/94 148.75 MURRAY, SMITH & ASS(X: ]NC 012698 4/15/94 3,318.54 OREGON LAW REVZEW 014335 4/15/94 20.00 ANN O'ROKE 014640 4/15/94 115.00 PACIF%C PRINTERS 015058 4/15/94 211.27 THE PLANK COMPANY 015338 4/15/94 6,606.56 PORTLAND GENERAL ELECTRIC 015420 4/15/94 9,684.07 R & R UNIFORMS 017003 4/15/94 56.10 TERRY RAMIREZ 017050 4/15/94 39.50 SALEM AUTO PARTS 018057 4/15/94 46.45 LES SCHUAB TIRE CENTER 018300 4/15/94 1,099.68 FRANK SINCLAIR 018502 4/15/94 115.00 SLATER CO#MUNICATIONS 018522 4/15/94 870.75 LINDA SPRAUER 018710 4/15/94 234.73 3M CORP 019001 4/15/94 117.30 TELECOI~ SYSTEMS ]NC 0190~3 4/15/94 97.50 MARY TENNANT 019055 4/15/94 31.28 dASON TLUSTY 019168 4/15/94 48.23 U.S. bEST cOIqMUNICATIORS 020091 4/15/94 318.55 U.S. bEST COMMUNZCAT%ONS 020095 4/15/94 3,031.50 UTLITITY VAULT COMPANY 020165 4/15/94 660.00 N[COLETTE UONACOTT 0224?8 4/15/94 109.50 ~OgN CHA~eEN OF CONMERCE 022510 4/15/94 1,212.00 WOOOBURN INDEPENOENT 022630 4/15/94 321.20 UORKZNG SMART 022805 4/15/94 51.72 ZI~R INOUSTRIES INC 025045 4/15/94 805.55 S~X3OBUR# CONSTRUCTION 080220 4/15/94 7.45 MERRILL LYNCH 012439 4/18/94 175,546.85 443,855.44 llA 5/04/94 A/P CHECK LISTING FOR THE MONTH OF APRIL lg94 Page 5 Check Hud:x~r' 22635 22636 22637 22638 22639 22640 22641 22642 22643 22644 22645 22646 22647 22648 22649 22650 22651 22652 22653 22654 22655 22656 22657 22658 22659 22660 22661 22662 22663 22664 22665 22666 22667 22668 22669 22670 22671 22672 2267] 22674 22675 22676 22677 22678 22679 22680 Budgetary Account Ncr~er SERVICES-WATER VOID VOID VOID REFUND-BUILDING REFU#D-WATER/SE~ER REIMBURSEMENT-WATER SERVICES-UUTP SUPPLiES-~6~TP SUPPLIES-k~dTP SUPPLIES-POLiCE SUPPLIES-VARIOUS REIMBURSEMENT'LIBRARY SERVICES'UWTP SUPPLIES'VARIOUS FEES'NON DEPT SERVICES'Mdl'P SUPPLIES-WATER SERVICES-911 SUPPLIES-I~I'P SLIPPLIES'M~TP SUPPLiES-tR~rP SUPPLIES-t&/TP SUPPLIES-POLiCE SUPPLIES-POLICE SUPPLIES-VARIOUS SERV[CES-~R~TP OUES-PUBL]C ~3RKS SUPPLIES-CITY MALL SERVICES-911 SERVICES-STREET SERV[CES-~i'P SUPPLIES-I,q~I'P SUPPLIES-WATER SERVICES-COOE ENFORCE SERVICES-911 MEMBERS#IP-911/POLICE SERVICES-COURT SUPPL]ES-~/'rP SUPPLIES'TRANSIT SERVICES-WATER SUPPLIES-CODE ENFORCE REIMBURSEMENT-LIBRARY SUPPLIES-POLICE SUPPLIES-VARIOUS SERVICES-te~TP Vendor Name Vendor Humber US POST OFFICE 0200~0 VOID VOID VOID VOID VOID VOID DELLRAY ANDERSON NONE M:X)OBUR# CARE CENTER NONE ALEKSANDER GALCZYNSK[ NONE AIM SAFETY USA INC 000109 ALL PURE CHEMICAL CO 000136 BARBO MAC#[NERY CO 0011~6 BENCHMARK PRODUCTS 00118~ BOISE CASCADE 001340 JODY BRUNKAL 001576 C[NTAS EOFF ELECTRIC CO 004230 FIRST INTERSTATE BANK ~ 005130 FISHER'S PUMP & SUPPLY 005147 H O FOULER CO INC 005210 G.T.E. MOBILNET 00637] HACH CHEMICAL CO 007030 HIGH PURITY CHEMICAL CO 007189 HYDRONIX INC 007]50 JOHNSTONE SUPPLY 009145 L & L BUILDING SUPPLIES 011010 LIGHTNING POUOER CO 0112~0 METROFUELING INC 012448 METRO PUMP SERVICE INC 012450 MID WILL UTIL CO-OP COUNCIL 012470 WALTER E. NELSON CO 013153 NEW ~ORLD SYSTEMS 013163 ONE CALL CONCEPTS INC 014014 OREGON ANALYTICAL LAB 014107 PACIFIC PRINTERS 015058 PACIFIC WATER WORKS SUPPLY 015065 PIONEER GLASS 015330 PTI COMMUNICATIONS 015580 RAIN 017O42 TERRY RAMIREZ 017050 JACK RAWLINGS 017054 LES SCHWAB TIRE CENTER 011L~O0 SERV[CENTER 018360 SILVERFLEET SYSTEMS 018/,65 MAUREEN SMITH 018564 TERRITORIAL SUPPLIES 0190~0 THE J. THAYER CONPANY 019100 US CRANE & HOIST ]NC 020057 Check - Date Written 4121194 4122/94 4122/94 4122/94 4/22194 4122194 4122194 4122194 4/22/94 4/22/94 4122194 4/22/94 4/22/94 4/22/94 4/22/94 4/22/94 4/22/94 4122194 4/22/94 4/22/94 4/22/94 4/22/9/, 4/22/94 4/22/94 4/22/94 4/22/9~ 4/22/94 4/22/94 4/22/94 4/22/94 4/22/94 4/22/94 4/22194 4/22/94 4/22/94 4/22/94 4/22/94 4/22/94 4/22/94 4/22/94 /,/22/94 4/22/94 4/22/94 Amount of Check 201.21 150.DO 224.37 653.70 241.00 2,013.50 50.00 442.80 67.18 92.00 306.18 97.65 665.73 153.43 162.00 4.58 163.85 1~J.35 106.59 96.01 222.28 80.85 588.45 247.80 25.00 218.00 600.00 68.40 1,8~.00 18.22 600.00 225.00 120.00 9,078.75 39.50 66.00 89.50 433.74 7].74 IO0.O0 137.78 130.86 360.38 465,298.82 5/04/94 A/P CHECK LISTING FOR THE MONTH OF APRIL 1994 llA Page 6 Check Ntater Budgetary Account Nmt~er 22681 SERVICES-911 22682 SERVICES-UATER 22681 SUPPLIES-UATER 2268~ SERVICES-UUTP 22685 SERVICES-CODE ENFORCE 22686 FIRE BOND COUPONS 22687 PETTY CASH-VARIOUS 22688 SERVICES-PARKS 22689 SERVICES-WATER 22690 V 0 I D 22691 V 0 ! O 22692 V 0 [ D 22693 SERVICES-PARKS 22694 SERVICES-LIBRARY 22695 REGISTRATION-POLICE 22696 SUPPLIES-WATER 22697 SERVICES-STREET 22698 SUPPLIES-PUBLIC UORKS 22699 SERVICES-VARIOUS 22700 SERVICES-POLICE/CITY HALL 22701 SUPPLIES-VARIOUS 22702 SERVICES-PARKS 22703 SUPPLIES-STREET 22704 SLIPPLIES-WTP 7.2705 SUPPLIES-LIBRARY 22706 SERVICES-POLICE 22707 SUPPLIES-LIBRARY 22708 SERVICES-I~/TP 22709 SUPPLIES-LIBRARY 22710 SUPPLIES-VARIOUS 22711 SUPPLIES-POLICE 22712 SERVICES-911 22713 SUPPLIES-LIBRARY 22714 SUPPLIES-VARIOUS 22715 SUPPLIES-POLICE 22716 SUPPLIES-STREET 22717 SUPPLIES-UUTP/STREET 22718 SUPPLIES-LIBRARY 22719 INTEREST ON BONDS 22720 SERVICES-POLICE/PARKS 22721 SUPPLIES-VARIOUS 22722 SERVICES-LIBRARY 2272~ SUPPLIES-I~I'P 22724 SUPPLIES-POLICE/LIBRARY 22725 SUPPLIES-STREET 22726 SUPPlES-FINANCE Vendor Name Vendor Ncraber Check - Date gritten Amount of Check US ~EST CONMUN[CAT[ONS 020095 4/22/94 156.80 WATER, FOOl) & RESEARCH LAB 022062 4/22/96 182.75 WESTERN POUER & EOU%PMENT 022228 4/22/94 219.56 WILLAMETTE ENGINEERING INC 022329 4/22/94 336.11 ~)ODSURN CARCRAFT 022508 4/22/94 171.45 GREG $CHWENKE NONE 4/25/94 875.00 CITY OF Ta:)ODBURN 015255 4/25/94 135.78 US POST OFFICE 020090 4/25/94 800.00 US POST OFFICE 020090 4/28/94 195.13 VOID VOID VOID VOID VOID VOID JEANIE TORRES NONE 4/29/94 20.00 RX SKATE TEAM NONE 4/29/94 150.00 PSU HATE CRIMES SYMPOSILIN NONE 4/29/94 50.00 A & A DRILLING SERVICE~* 000010 4/29/94 860.00 A AABCO RESCUE ROUTER 000055 4/29/94 220.00 AMERICAN PUGLlC WORKS ASSN 000300 4/29/94 110.00 ARATEX SERVICES INC 00053~ 4/L~/94 57.17 ARATEX SERVICES INC 000535 4/29/94 77.10 AUTOMATED OFFICE SYS 000563 4/29/94 505.~6 ATLAS TRUCK PARTS 000578 4/29/94 437.00 BI-NART ~ORPORAT ION 001275 4/29/94 37.41 CANBY POOL & SPA 002048 4/29/94 32.90 CANBY RENTAL 002061 4/29/94 3.00 CASE AUTOMOTIVE 002190 4/29/94 908.01 CHEMEKETA COMMUNITY COLLEGE 002410 4/29/94 ~82.96 C Z NTAS 002486 4/29/94 136.83 OATABASE PUBLISHING CO 003045 4/29/94 56.00 DAVISON AUTO PARTS 003080 4/29/94 1,255.46 OAVISON AUTO PARTS 003081 4/29/94 14.80 0 [ CTAPHONE 003220 4/29/94 3,376. O0 EBSCO SUBSCRIPTION $ERV 004060 4/29/94 3.00 EOFF ELECTRIC CO 004230 4/29/94 176.24 FARMERS OIL 005040 4/29/94 188.26 FARMERS STEEL CO 005050 4/29/94 57.26 FARM PLAN 005062 4/29/94 205.13 FILNIC ARCHIVES 005100 4/29/94 25.35 FIRST INTERSTATE BANK 005130 4/29/94 13,140.00 G.T.E. NORI LNET 006373 4/29/94 706.15 G.W. HAROWARE CENTER 006~05 4/29/94 299.20 C.J. HANSEN CO INC 007055 4/29/94 660.00 HIGH PURITY CHEMICAL INC 007189 4/29/94 133.45 HILL DONNELLY DIRECTORIES 007220 4/29/94 370.62 HUBBARD GARAGE 007'520 4/29/94 120.80 I .C.14.A. 008023 4/29/94 48.50 493,175.96 11A 5/04/94 A/P CHECK LISTING FOR THE HONTH OF APRIL 1994 Page 7 Check N~d~r 22727 22728 22729 22730 22731 22732 22733 2273~ 22735 22736 22737 22738 22739 22740 22741 22742 22743 22744 22745 22746 22747 22748 22749 22750 22751 22752 22753 22754 22755 22756 22757 22758 22759 22760 22761 22762 22763 22764 22765 2276~ 22767 22768 22769 22770 22771 22772 Budgetary Account N~mr~er SERVICES-NON DEPT SERVICES-ENG SERVICES-POLICE SUPPLIES-VARIOUS SERVICES-LIBRARY SUppLIES-POLICE/TRANSIT SERVICES-UUTP SUPPLIES-STREET SUPPLIES-VARIOUS SUPPLIES-LIBRARY SUPPLIES-LIBRARY SUPPLIES-POLICE SUPPLIES-CITY ATTY SUPPLIES-ENGINEERING SUPPLIES-RSVP SUPPL]E$-t~TP SUPPLIES-WATER SUPPLIES-PARKS SUPPLIES-STREET SUPPLIES-PARKS SUPPLIES-LIBRARY SERVICES-PARKS RE[#BLIRSEHENT-WATER SERVICES-I~ATER/STREET SUPPLIES-LIBRARY/PARKS SERVICES-PARKS SERVICES-CITY ATTY SUPPLIES-PO~ICE SUPPLIES-BUILDING SERVICES-BUILDING REIHBURSE#ENT-F]#AHCE SUPPLIES-POLICE SUPPLIES-PARKS SUPPLIES-STREET SUPPLIES-VARIOUS SERVICES-911 SUPPLIES-POLICE StJPPL]E$-L]BRARY SUPPLIES-POLICE/PARKS DUES-U~TP REGISTRATION-LIBRARY SERVICES-POLICE SERVICES-NON DEPT SUPPLIES-PARKS/STREET SUPPLIES-PARKS/POLICE SUPPLIES-POLICE Vendor Name Vendor Number Check - Date Written Amount of Check INSURANCE S,JEEK 008150 4/29/94 75.00 JOB SHOPPERS INC 00~119 &/29/94 339.00 K%LROY'S SELF STORAGE 010088 4/29/94 L & L BUILDING SUPPLIES 011010 4/29/94 235.88 HAGRAVOX SERVlCE CONTRACT 012041 4/29/94 149.85 HETROFUELING INC 012448 4/29/94 681.00 #ETRO PUI4P SERVICE INC 012450 4/29/94 415.56 #IDOEST HICRO PERIPHERALS 012474 4/29/94 22.19 HR P'S AUTO PARTS 012510 4/29/94 265.49 OLA 014027 4/29/94 6,00 OFFICE DEPOT 014029 4/29/94 212.05 ORE SECRETARY OF STATE 01~,80 4/29/94 15.00 OREGON STATE BAR 014500 4/29/97 100.00 PACIFIC SAFETY SUPPLY ]NC 0150&0 4/29/94 132.00 PACIFIC PRINTERS 015058 4/29/94 99.85 PACIFIC PURE BOTTLED U~ER 015059 4/29/94 22.50 PETERSEN UNDERGROUND EQUIP 015253 4/29/94 5,200.00 SHIRLEY PITT 015359 4/29/94 249.94 PUBLIC UO~K$ SUPPLY INC 015(~8 4/29/9~ 450.00 SAFFRON SUPPLY CO 018020 4/29/94 SALE# TROPHY CO 018141 4/29/94 2(~.96 SCHOOL BUS SERVICES INC 018270 &/29/94 2~8.82 DENNIS SCHOOLER 018280 4/29/94 57.98 LES SCHWAB TIRE CENTER 018~00 4/29/94 116.19 SCOT CUSTOOIAL SUPPLY 018~08 4/29/94 9~2.55 SECURITY CONSTRUCTION CO 018333 4/29/94 19,006.00 N. ROBERT SHIELDS 018/,50 4/29/94 4,680.00 SLATER CONI4UNICATIONS 018522 &/29/~4 370.15 S.T.S.S. 018721 4/29/94 ~5.45 T.E.K.O. AUTO STEREO 019048 4/29/94 10.00 HARY TENNANT 019055 4/29/94 19.00 TEXACO ]NC 019080 4/29/94 11.30 THE J. THAYER COHPANY 019100 &/29/94 2~..15 TOP 0 HILL RV REPAIR 01918/, 4/29/94 358.39 UNOCAL:ERNIE GRAHAH OIL 020010 4/29/94 558.66 U.S. UEST COI~JNICATIONS 020095 4/2~/94 69.80 VIKING OFFICE PROOUCTS 021180 4/29/94 129.19 VlSIOflS 021203 4/29/94 136.50 WAL-#ART STORES INC 022035 4/29/94 162.16 WATER ENVIRONHENT FEDERATION 022991 4/29/94 254.00 ~ESTER# OREGON STATE COLLEGE 022200 4/29/94 97.40 WOOOBURN CARCRAFT 022508 4/29/94 112.25 UO(X)BURN INOEPENDENT 022630 4/29/94 34.13 UOOOBURN LUHBER CO 022660 4/29/94 288.34 UOOOBURN OFFICE SUPPLY 022670 4/29/94 48.05 M:X}OBUR# PHARHACY 022680 4/29/94 33.95 531,313.60 11A 5104194 A/P CHECK LISTING FOR THE NORTH OF APRIL 1994 Page 8 Check N~r 22774 22775 22776 22777 22778 22779 22780 22781 22782 22783 2278~ 22785 22786 22787 22788 22789 22'790 22'/'91 22792 22793 22794 22795 22796 22797 22798 22799 22800 22801 22802 22803 22804 22805 22806 22807 22808 22809 22810 22811 Budgetary Account N~nber SUPPLiES-PARKS SUPPLIES-PARKS SUPPLIES-LIBRARY REI#BURSE#ENT-POLICE SUPPLIES°POLICE SUPPLIES-I,~FrP $UPPLIES-UUTP SERVICES-RSVP SERVICES-RSVP SERVICES-RSVP SERVICES-RSVP SERVICES-RSVP SERVICES-RSVP SERVICES-RSVP SERVICES-RSVP SERVICES-RSVP SERVICES-RSVP SERVICES-RSVP SERVICES-RSVP SERVICES-RSVP SERVICES-RSVP SERVICES-RSVP SERVICES-RSVP SERVICES-RSVP SERVICES-DAR SERVICES-DAR SERVICES-DAR SERVICES-DAR SERVICES-DAR SERVICES-DAR SERVICES-DAR SERVICES-DAR SERVICES-DAR SERVICES-DAR SERVICES-DAR SERVICES-DAR SERVICES-OAR SERVICES-DAR SERViCES-DAR Vendor Name Vendor Number Check - Date Written Amount of Check WOOl)BURN RAOIATOR t GLASS 022700 &/29/94 361.90 WCODBIJRN RENT-ALL 022708 4/29/94 165.00 WORLD ALNANAC EDUCATION 022808 4/29/94 16.25 KENNETH t/RIGHT 022830 4/29/94 72.48 YES GRAPHICS 024025 4/29/94 226.00 ZUI4AR INDUSTRIES INC 025045 4/29/94 200.82 ZEP HANUFACTUR]NG CO 025050 4/29/94 57.90 BEVERLY BETTIS 0]5030 4/29/94 GEORGE CUSTER 015128 4/29/9& 2~.75 CORNELIUS DONNELLY 015140 4/2~/94 l&.O0 GRACE FOLTZ 0]5250 4/29/94 19.50 ALVIN GRAHN 0]5292 4/29/94 14.50 ELHER NOFNANS 0]5340 4/29/94 8.25 #ARGARET KANE 0]5390 4/29/94 14.00 LEO LA ROGUE 015465 4/2~/94 167.00 ~ lo.5o CAROLYN HCMILLAR 0]5500 4/29/94 WAOE MOSLEY 035558 4/29/94 15.00 LORRAINE OTaEN 015581 4/29/94 5.00 VADAOUENS 035583 4/29/94 ~0.50 dU~E SI~SON 0356~8 4/29/94 62.50 NEIHZ SCHt~ABE 035655 4/29/94 12.50 ROBERT STILLMAH 035~67 4/29/94 60.00 JAY I,~:XX)S 035763 4/29/94 151.50 GERALO ~OOO 015r90 4/29/94 62.5o ~ATTIE CLARK 0451OO 4/29/94 69.50 GRACE OAVIOSON 04521O 4/29/94 25.00 CORHELIUS DONNELLY O4523O 4/29/94 WINNIFREO FACHINI 045245 4/29/94 60.25 FRE,OHT GREEHLING O4529O 4/29/94 44.5O MARVIN GRIM# 045295 4/29/94 36.50 WARD O'BRIEN 045497 4/29/94 155.75 MARILYN PARADIS 045512 4/29/94 43.75 BETTY PARK 045515 4/29/94 37.88 GERTRUOE REES 0~5545 4/29/94 38.50 dAMES STROUP 045595 4/29/94 71.75 BARBARA STROUP 045596 4/29/94 87.07 HATTIE VANDECOVERING O4567O 4/29/94 6.OO LOWELL WIKOFF 045705 4/29/94 13.75 dUOY YOUNG 045740 4/29/94 46.00 534,156.90 14A MEMO TO: FROM: SUBJECT: Mayor and City Council through City Administrator 'Community Development Director Patrick Industries Site Plan Review #94-05 DATE: May 4, 1994 At their April 28, 1994 hearing the Planning Commission approved, with conditions, a 137,000 sq. ft. n~anufacturing plant (Map I). The site consists of 19 :!: acres located adjacent and on the west side of Highway 99E, north of Fimilia Sierra Craft in Woodburn's Industrial Park. The 19:1: parcel was partitioned from a 43 acre lot that was originally owned by Miller Brewery (Map II). The plant will employ over 212 employees over'the next three years. A site plan is attached to this memo for Council review. 14A d 14A 14B MEMO TO: FROM: SUBJECT: Mayor and City Council through City Administrator Community Development Director Fleetwood Industries Site Plan Review #94-06 DATE: May 4, 1994 At their April 28, 1994 hearing the Planning Commission approved, with conditions a 48,000 square:' foot addition to an existing manufacturing plant of 32,000 sq. ft. in the Woodburn Industrial Park on the north end of National Way (Map I). Fleetwood Manufacturing purchased 24+ acres from Miller Brewery (Map II). Future plans call~for the expansion of this facility over the next few years. A site plan is attached to this memo for Council review. 14B S oo~os' 3o~". ' ' ~.qq ' o: ~ '~ 14B TO: FROM: SUBJ.: DATE: MEMO Mayor and City Council Chris Childs, City Administrator ~ Budqet Hearin_a / Deoartment of Revenue Contact May 5, 1994 15A At the special meeting held on Tuesday, May 4, 1994 1 indicated to the Council that I would recontact the Oregon Department of Revenue to clarify the matter of what appeared to be potentially conflicting advice from representatives of that agency. I talked to Rick Main, the Manager of the Assessment and Taxation Standards Unit of the Department of Revenue, who r~iewed the matter with Budget Analyst Phillips. Budget Analyst Colson was apparently unavailable to describe the nature of the advice she had given. Mr. Main basically restated the advice previously given to the city; that republication of the budget summary would be the most "ironclad" approach, but that the less expensive measures taken by the city could represent "substantial compliance". Similar to the advice given Tuesday evening by the City Attorney, Main reminded that only the Oregon Tax Court can make the determination of what is "substantial compliance"; if, in fact, the city's process was ever challenged. The City Attorney advised the Council on May 4th of the options available, with the action previously taken by staff as probably acceptable and with republication of the budget summary an even stronger measure if deemed necessary. The Council's motion reaffirmed the position that the city has substantially complied with Local Budget Law. If Council desires, republication of the budget summary, with an additional public hearing on June 13, 1994, remains an option. 15B MEMO TO: MAYOR AND CITY COUNCIL FROM: CHRIS CHILDS, CITY ADMINISTRATOR SUI~JECT: CURFEW ORDINANCE DATE: MAY 5, 1994 Attached for Council information is a ~bgal memorandum and draft of a curfew ordinance prepared by the City Attorney. These documents will be presented to the Gang Forum Law Enforcement Committee for consideration at its next meeting. After final review by the Committee, an ordinance will then be presented to Council. CITY OF 970_ Mo~tsOT~zStr¢¢t ~ . WOODBURN Woodburn, Oregon 97071 · 982-5229 15B MEI~IORANDUM OPINION NO. 94-03 TO: FROM: SUBJECT: DATE: MAYOR AND CITY COUNCIL GANG FORUM LAW ENFORCEMENT COMMI'I'~EE N. ROBERT SHIELDS, CITY ATTORNEY PROPOSED CURFEW ORDINANCE MAY 3, 1994 ~' I. BACKGROUND Some time ago a draft curfew ordinance was provided for my legal review and comment. This document was one of several proposed police related enactments recently submitted for consideration, all of them almost simultaneously. A vehicle towing and impoundment ordinance, park exclusion ordinance, library exclusion ordinance, 911 emergency dispatch intergovernmental agreement, curfew ordinance, and nuisance house ordinance were all proposed. In addition to the ordinances themselves, it is necessary to prepare end review all forms, notices, and standard operating procedures required for ordinance implementation. These projects were prioritized for me by the city administrator and police chief and have been addressed accordingly. The vehicle impoundment ordinance, together with its standard operating procedure and all forms end notices, is complete and ready to be enforced. The park exclusion ordinance has been legally reviewed and is undergoing staff discussion. The library exclusion ordinance has also been legally reviewed and is in the discussion phase. The 911 emergency dispatch intergovernmental agreement was legally reviewed numerous times, has had extensive discussions and revisions by the 911 user committee and staff, and is now in its fourth draft. With this memo, the curfew ordinance has been reviewed with suggested revisions and legal explanations. Finally, the nuisance house ordinance is under review with a response expected to be forthcoming. 15B tl. VAI,,IDITY OF CURFEW REGULATIONS In recent years, courts have invalidated numerous state and local curfew regulations. In City of Portland v. James, 251 Or 8, 444 P 2d 554 (1968) the Oregon Supreme Court found the Portland ordinance, imposing a curfew for adults, to be unconstitutional. In CiW of Seattle v. Pullman, 82 Wash 2d 794, 514 P 2d 1059 (1973) the Washington Supreme Court found Seattle's juvenile curfew ordinance unconstitutionally vague and legally defective. Finally, ,~lyes v. Justice Court of Chico J&L~, 148 Cai App 2d 419, 306 P 2d 601 (1957), and several subsequent cases in other jurisdictions, found unconstitutional a juvenile curfew regulation that was almost identical to the present Oregon state law. The potential legal implications of a court invalidating this type of city ordinance are also quite severe. Not only would the city lose its ability to enforce the ordinance, the city and its officials could conceivably be held liable for civil rights violations by a class of individuals against whom enforcement was directed. III, VALIDITY OF OREGON LAWS In Oregon, the state juvenile curfew law has, so far, survived constitutional challenges. However, it is likely that further constitutional challenges await and that the courts may not yet have written the final words concerning the validity of the statute. As to city ordinances, it is my considered opinion that their validity, in large part, depends upon how clearly and narrowly they are drafted. For example, in City of portland v. James the court explained that the involved city ordinance was too vaguely drafted to be constitutional: As we have previously observed, the ordinance authorizes arrest upon suspicion only. Since the conduct manifesting an "unlawful purpose" need not manifest a purpose to commit a specific crime, the officer is authorized to arrest if the conduct suggests to him that the suspect has in mind the commission of some type of crime, even though the officer does not know what crime the officer has in mind. This criterion for arrest is to vague to provide a standard adequate for the protection of constitutional rights. 251 Or at 13. By way of contrast, in City of Portland v. Ledwidqe. 50 Or App 355, 622 P 2d 1150 (1981) the court found Portland's park curfew ordinance constitutional, in large part, because of clear drafting and narrow scope. The court stated: Finally, defendant contends that the ordinance is unconstitutionally overbroad. We disagree. The regulation is narrowly drawn and provides Page 2 - MEMORANDUM OPINION NO. 94-03 15B a number of exceptions, delimiting the various types of conduct that fall outside its proscription. 50 Or App at 358. IV, REVISIONS TO PROPOSED ORDINANCE After reviewing the draft juvenile curfew ordinance provided by the Committee and researching the law, I have revised the ordinance with extensive changes. With the incorporation of these changes, I am confident that the ordinance is in the best form to d~fend against legal challenges. Wherever possible, I have preserved intact the policy choices made by the Committee. In instances where I believed a change was necessary, I have attempted to explain in detail why the change is required. I am hopeful that the inclusion of these revisions will make a better ordinance for presentation by the Committee to City Council. If the Committee desires, I would welcome appearing before it to discuss the ordinance. A detailed explanation of the revised ordinance follows. A. Whereas Clauses The revised ordinance includes brief 'whereas clauses' citing the city charter and state law as the legal authority for enacting the regulation. They also acknowledge that the city realizes that the regulation must also be consistent with state law. These clauses would be of assistance to a court interpreting the ordinance and would help the ordinance survive a legal challenge. Sections I and 2. The policy decision to vary curfew hours for juveniles of different ages was retained as suggested by the Committee. However, the language describing public places and specifying exceptions to the law was changed so that it would be identical to state law. Before the ordinance was revised it listed certain specific activities as exceptions. In contrast, the state statute provides an exception when 'such minor is engaged in a lawful pursuit or activity which requires the presence of the minor in such public places...' I believe that this broader state law language should be incorporated in order legally to defend the ordinance. Also, an exception for an emancipated minor was added. This is clearly required by state law and was not included in the original draft. Section 3. The state statute prohibits parents or guardians from allowing juveniles to violate curfew and makes this conduct a criminal misdemeanor. The only problem with this approach is that a court would require a showing of criminal intent before a Violation of this provision could be proven. In contrast, the Committee's original draft Page 3 - MEMORANDUM OPINION NO. 94-03 15B attempted to provide almost strict liability of parents for curfew violations and designated an Ordinance as a civil infraction. My revision retains at least the main thrust of the Committee's approach.. The imprecise term "inefficient control" is replaced by the legal term "negligence" which is defined in the context of the ordinance. Section 4. The 'revised language in this section parallels the state statute exactly and, in my opinion, is extremely important. Juveniles may only legally be taken into custody as provided under state law. Under state law, juveniles within Marion County are subject only to the jurisdiction of the Marion County Juvenile Court. I believe that the attempt by the Committee, in the original draft, to specify what should happen to juveniles when first, second, and third violations of the ordinance occur usurps the legal power of the Marion County Juvenile Court and is beyond the city's ordinance authority. The portion of the original draft requiring a police officer, on the third offense, to "inform the parent or other responsible person that the child is considered a juvenile offender and delinquent" was of particular concern to me since this, in my opinion, would be an inappropriate role for e~4aw enforcement officer to assume. As a legal'matter, this function is appropriately left for a disposition proceeding before the Marion County Juvenile Court. Section 5, As stated above, a violation of the ordinance by a parent or guardian is designated a civil infraction and is subject to a lesser standard of proof than the state law requires. However, under the civil infraction procedure, community service can not be required. On the other hand, community service could be required if a criminal penalty were provided, but this would require proof of criminal intent for a conviction to be obtained. Given these options, in my opinion, the ordinance would be most effective as a class 3 civil infraction. Violation could result in a fine not to exceed $100. Attachment: ORS 419C.680 cc: Chris Childs, City Administrator Ken Wright, Chief of Police Don Eubank, Lieutenant Paul Null, Lieutenant Page 4 - MEMORANDUM OPINION NO. 94-03 DRAFT 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. Curfew. 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 1:2:00 a.m. midnight and (~:00 a.m. of the following morning. Section 3. Resoonsibilitv 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 15B Page I - COUNCILBILLNO. ORDINANCE NO. 15B 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 if in the exercise of reasonable diligence the person should have known that a violation would occur. Section 4. Violation bv Minor. 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 3 civil infraction. Section 6. This ordinance being necessary for the immediate preservation of the public peace, health and safety, and emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Approved as to form: City Attorney Date APPROVED: Len Kelley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page 2- COUNCIL BILL NO. ORDINANCE NO. MEMO TO: FROM: SUBJECT: DATE: City Council through the City Administrator Public Works Program Manager,~ ~ Infrastructure Improvement Problems in Windfield Estates Subdivision May 5, 1994 15C It appears that the Windfield Estates Subdivision which is located off Brown Street, is not proceeding with the approved construction activities in the public right-of-way. The city has concerns about utilization of the streets and utility trenching that has been done in the area. The infrastructure improvements made by the developer have not been accepted by the city. There has been no activity at the site for some time and a previously installed barrier has fallen down. The city will install temporary barricades on the street to prohibit public use until these streets have been accepted by the ci~.y' or a decision has been made to open the streets for public use. Utility trenching in dedicated right-of-way alongside the streets is currently open. Although not excessively wide or deep, these areas still present a hazard that should not be allowed to remain in place. The city has written the subdivision owners a letter requesting that the trenches be filled in or that the city be provided a schedule for utility installation by May 16, 1994. The owners were informed that if positive action in this area was not forthcoming that the city would hire a contractor to fill in the trenches and charge the owners. NOTE: The city is not involved in any way with the financial or other agreements between private parties in regards to sale of lots in the subdivision. RR:Ig STRT~[ND.CC MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator for Information Public Works Program Manager Settlemier Ave Closure Because of Water Line Replacement May 5, 1994 15D The Water Division of Public Works is replacing water lines along Settlemier Avenue from Lincoln Street to Arthur Street. The project replaces older six-inch lead joint lines with eight- inch ductile iron pipe. The new pipe is being placed along the west side of the street. The project is being done at this time because the city plans to resurface Settlemier Avenue from Highway 214 to Arthur Street this summer. Total completion of the project will take approximately six weeks. The actual placement of the pipe, which will disrupt traffic on Settlemie;~' will be completed in approximately three weeks. Adverse weather may cause extension of this schedule somewhat. The sections of Settlemier that are being worked on will be closed and traffic will be detoured onto adjoining streets. Closure will be from approximately 9 am to 3 pm each day to avoid the heavier traffic periods. W'I'RLINE.REP WOODBURN PUBLIC WORKS DEPARTMENT PUBLIC WORKS WEEK ACTIVITIES MAY 16 - 21, 1994 "Quality of Life Through Public Works" 15E MONDAY, MAY 1~ - KICK OFF 9:00 a.m. - Mayor Kelley kicks off the week's festivities with a ribbon cutting ceremony to celebrate the 16th anniversary of the Woodburn Transportation Services. Regularly scheduled bus service will be free to customers all week. TUESDAY, MAY 17 10:00 a.m. -- Public Works Facilities Informational Walk Through for City employees and recognition of support services contribution. (9:00 a.m. - 5:00 p.m. - Free Bus Service on the regular schedule and Free Dial-a-Ride Shopping van service) WEDNESDAY, MAY 1~ 2:00 p.m. - RIBBON CUTTING CEREMONY -~-ASTOR WAY WELL HOUSE - Mayor Kelley will dedicate the new 1,000 gpm well. NOTE: A model of the City's water source will be demonstrated after the dedication. DEMONSTRATION -- Confined Space Awareness Demonstration - a volunteer member of the governing body or management staff to be rescued from a confined space located at RAINIER LIFT STATION, 1900 block Rainier Road. OTHER PROJECT RECOGNITION: Hardcastle Ave./Hwy. 99E Improvements Bi-Mart/Kmart Traffic Signal (9:00 a.m.' - 5:00 p.m. -- Free Bus Service on the regular schedule) THURSDAY. MAY 19 1:30 p.m. - 3:30 p.m. -- OPEN HOUSES: Public welcome to Open House at Wastewater Treatment Plant, Water and Street Shop Facilities; also, the Public Works Office including Engineering, Transit and Dial-a-Ride Divisions. DEMONSTRATION -- a model of the City's water source will be demonstrated in the Engineering area at 3:00 p.m. (9:00 a.m. - 5:00 p.m. -- Free Bus service on the regular schedule and Free Dial-a-Ride Shopping Van service) FRIDAY, MAY 20 2:30 p.m. -- PUBLIC WORKS EMPLOYEE OF THE YEAR AND EMPLOYEE APPRECIATION CEREMONY - Council Chambers, City Hall. (9:00 a.m. - 5:00 p.m. -- Free Bus Service on the regular schedule) ~;ATI~RDAY, MAY 21 This year's employees adopted volunteer work project to be announced WOODBURN PUBLIC LIBRARY 280 GARFI.ELD STREET WOODBURN, OREGO.N 97071-4698 503-982-5252/5263 OR FAX. 503-982-5258 15F MEMORANDUM TO: FROM: DATE: RE: MAYOR AND CITY COUNCIL through CHRIS CHILDS, CITY ADMINIST~TOR UNDA SPRAUER, UBRARY DIRECTOR //~ [71 APRIL 29, 1994 ~/' ART PRINT DONATION Dr. Larry Davis has made a major donation to the Woodbum Public Library of framed, numbered art prints. This latest forty-nine prints join six previously donated. The prints are mostly of birds, but several other animals are also represented all in their natural habitat. The prints are by well-known, contemporary artists such as: John Pitcher, Rod Frederick, Richard Sloan, and Owen Cromme. Thirty-three of the prints are works done by Washington artist/naturalist, John Pitcher. His work has been exhibited throughout the world, and honored by the Audubon Society. Pitcher lives in Randle, Washington, but often spends weeks in the wild, pursuing a bird or animal subject and "getting the feel" of its environment. As a result, his work is said to capture both the spirit and beauty of the natural world. John Pitcher is scheduled to be at the Woodbum Public Library on May 10, 1994 at 7 PM, sponsored in part by The Friends of the Woodburn Publi¢= Library. The artist will present a slide/lecture program describing stad to finish one of his paintings, including his sketch books and field joumals. He will bring some of his work in the form original paintings Dr. Larry Davis, former Library Board member and donor of the art prints displayed throughout the Library, will be recognized for his contribution to the Library and the community. The library is quite fortunate to be the recipient of such a gift. A reception following the program is courtesy of the Woodbum Library Board. The board and staff encourages the public to take time to view the art prints following the program. The library is pleased to be able to bring this highly respected artist to our City for this program. 'N~ E M O 15G TO: FROM: SUBJECT: DATE: Community Development Director Bob Arzoian, Building Inspector Building Activity for APRIL, 1994 May 4, 1994 New Residence Value Multi Family Resideatial Adds & .&Its Industrial Commercial Value Co,~mercial Adds.& Airs. Fences 5i~s, Drivewayz Accessory Structures Mobile Homes APR 1992 APR 1993 ~lo. , ]Dollar Amt No. ]Dollar Amt 0 0 0 301,~00 0 0 0 0 13 42,600 ,,- 11 64,200 0 0 0 0 0 0 6 387,500 0 0 0 0 0 0 2 2,200 0 0 0 0 0 0 0 0 3 138,000 3 167,000 APR 1994 No. Dollar Amt 3 357,121 0 0 8 23,230 1 58,000 0 0 2 66,800 3 4,000 1 700 0 0 I 36,000 545,851 July 1-June 30 Fiscal Year-Co-Date $ 9.328,091 ~9t528.681 $19.465.455 Robert Arzoian Building Official RS:bw May 9, 1994 The Hcaorable Lea Kelley Mayor of Woodbum Oregca The intent of this letter is to bring to your attzntica the apparent double staudard concerning trimming ~nd/or l~llovIll of tl~s) fl'oIn lRlbli~ fight of way. A lot for a modular home w~s site prepm~ appro~ly two mcaths ago ca Artlmr street. Prior to the site work a ~ tree was trimmed by a tree s~rvice company. I checked with Public was available. I was advised I would rece/ve a reply in a re~ummd~le amount of time. The modul~ home is now ca site snd a new sidewalk has been ccmtn~ed. In this particular c~se the dry c~m not clahn lack of infc~natic~. S0mecae issued ~ f~ the modular home and made a final ~ca. As of this date no cae from Public Works Ires replied to my request for information. ?~p. was cut to gumnd leveL City code requa-es the stmnp to be removed to a nnmmum .o.x. six inches below ground leveL To the best of my knowledge, no tree c~n be removed from public fight of way unless it considemt diseased or dmgerou~ The tree was located between the sidewalk ~nd Lincoln so I assume it is ccasi~ in the public right of way. In 19891 applied for a permit to remove two trees ca Mcatgomety street, I was required to pay for two Atbofist reports, the initial report and a follow up. The city would not issue a permit to remove the two trees until my neighbor and her sca were almost hit with a falling ~ in their driveway. A permit was issued the next day. Based ca the above informatica, please cern/der thi. letter as a request for reimbzu'~ne~ for the a~nl cost of re~.~ the trees ca Mcatgomery street. The cost for removal of the trees and stuml~ by a profe/~io~al tree trimmer Was appro~mnto-ly $2,500 dolhL~ I have not included enough justification to authorize reim~e~ of my costs. In my opinion the city has two sets of rules. One is if you ~ f.? a permit, the~ you have foliow the guidellnes snd pay all the costs. The second c~e m, ff yca do not ask for a permit there is no penalty. Just trim or remove the ~e(s) with no citation and very Httle costs. If I am wrong and all procedures were followed th~ I will withdraw my request for reimbursement. Awaiting your reply. Very truly yours, Terry L. Will cc: City Council