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Agenda - 06/13/19945 Se m Se A. Council minutes of May 23, 1994 regular meeting and May 24, 1994 special meeting. 3A B. Planning Commission minutes of May 19, 1994. C. Library Board minutes of May 25, 1994. 3C APPOINTMENTS: AWARD: APPRECIATION A WARD FOR SERVICE ON THE WOODBURN PLANNING COMMISSION- MR. PAUL JOHNSON ANNOUNCEMENTS: June 16, 1994, 7:30 p.m. - Woodburn Transportation Task Force, Woodburn City Hall. June 21, 1994, 7:30 p.m. Woodburn Wastewater Advisory Committee, Woodburn City Hall. PROCLAMATION - SETTLEMIER DAYS #~ JUNE 18 19, 1994 _4 A. Chamber of Commerce B. Other Committees A. Written {This allows public to Introduce Items for Council consideration not already scheduled on the agenda.) A. 1994-95 Budget. ~A B. Annexation 94-01, Zone Map Amendment 94-01, Comprehensive Plan Map Amendment 94-01, 10 acres located on the north side of Parr Rd, and west of Elana. C. Country Club Road right-of-way vacation (in con]unction with the realignment of Country Club Road and Oregon Way.) 8C A. Council Bill No. 1549 - Resolution certifying the eligibility of the City to receive State-shared revenues during FY 94-95. 10^ B, Council Bill No, 15§0 - Resolution declaring the City's elec{ion to receive State revenues during FY 94-95, 10B PAGE I - Agenda, Woodburn City Council of June 13, 1994. Ge J. K. L. Council Bill No. 1551 - Resolution authorizing execution of agreement with Marion County for Hepatitis B immunizations. 10C Council Bill No. 1§52 - Resolution authorizing execution of agreement for insurance agent of record. 10D Council Bill No. 1553 - Resolution authorizing execution of agreement for worker's compensation insurance. 10E Council Bill No. 1§§4 - Resolution authorizing execution of contract designating city attorney. 10F Council Bill No. 1555 - Resolution authorizing execution of a communication site lease. 1,0G Council Bill No. 1556 - Resolution directing placement of 4-way stop ~ signs at Country Club & Princeton and Randolph Rd. & Country Club Ter. 10H Planning Commission Recommendation/Sandwich Express. 101 Bid Award: City Hall/Library HVAC engineering. 10J Bid Award: Library earthquake repairs. 10K Bid approval: Young Street railroad crossing materials. 10L Approval payment to Southern Pacific Railroad for material for Young Street crossing. 10M N. Council Bill No. 1557 - Resolution setting time for public hearing re vacation of portion of right-of-way on Poplar Street. O. Request for street closure for July 4th neighborhood party. A. Claims for the month of May 1994. 12. 13. 14. A. Final results of May 1 ? election. Settlement in Burlev v. City of Woodburn. C. Grant award: Department of Land Conservation and Development Technical Assistant Grant. D. Federal Community Policing Grant. E. Edward Byrne Memorial Grant Award. F. Facility Maintenance Division. G. Demolition of pool building. H. Possible joint workshop concerning neighborhood association, s. I. Building activity report for May 1994. 16. .~' ...; 17. ;..:.. 18. 10N 100 11A 15A 15B 15C 15D 15E 15F 15H 151 PAGE 2 - Agenda, Woodburn City Council of June 13, 1994. 3A COUNCIL MEETING MINUTES May 23, 1994 TAPE READING 0001 ~ COUNCIL CHAMBERB, CITY NALL, CITY OF NOODBURN, COUNTY OF MARION, BTATE OF OREGON, MAY 23, 1994. ~ The Council met in regular session at 7:00 p.m. with Mayor Kelley presiding. 0o15 Mayor Kelley Present councilor Figley Present Councilor Galvin Present Councilor Hagenauer Absent Councilor Jennings Present councilor Mitchell Present Councilor sifuentez Present Staff Present: city Administrator Childs, City Attorney shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police Chief Wright, Public Works Manager Rohman, Park Director Holly, Library Director Sprauer, Finance Director Gritta, City Recorder Tennant OO24 JENNINGS/FIGLEY .... approve the special Council meeting minutes of May 4, 1994 and the regular and executive session minutes of May 9, 1994; and accept the Planning Commission minutes of April 28, 1994. The motion passed unanimously. 0046 0060 0074 ~NNOUNCEMENTB · A Special Council Meeting will be held on May 24, 1994 at 12:30 p.m. to review bids received from the advertised. swimming pool general obligation bond sale and to consider the award of the bid. The Transportation Task Force will hold their next meeting on May 26, 1994, 7:00 p.m., at Woodburn city Hall. An Open House relating to Wastewater issues will be held at City Hall on June 6, 1994, from 4:00 p.m. to 8:00 p.m.. PROCLAMATION - VETERANS OF FOREIGN W~S (VFW} BUDDY POPPY gALE. Mayor Kelley proclaimed May 26, 27, & 28, 1994 as the dates set aside for the annual sale of Buddy Poppies with the proceeds used exclusively for disabled and needy veterans. C~MB_~R. OF CO ~N. ~RCE REPORT. ' Tony Orlandini, representing the Chamber Board, htated that the Chamber is actively working on the Settlemier Days program scheduled for June 18 & 19, 1994. A new event at this year's program is a traveling circus to be located at the corner of Page i - Council Meeting Minutes, May 23, 1994 TAPE READING 0120 0393 0476 0537 COUNCIL MEETING MINUTES May 23, 1994 3A Mt. Hood Ave. and Progress Way. several local businesses. Tickets are available at WAHTEWATER ADVISORY CONMTTTEE REPORT. Councilor Mitchell encouraged the public to attend the open house scheduled for Monday, June 6, 1994. Public input is essential since this construction project will cost a substantial amount of money over the next 20 years. Preston Tack, 2197 Camilla Way, stated that he had read a letter to the Council on April 11, 1994, regarding Citizen Involvement and, as of this date, he had not received a response from the Mayor and/or Council. He questioned as to who should answer his letter. Brief discussion was held regarding the contents of.the letter and the need for additional cost figures before any ~ommit~ent is made by the City. Mr. Tack stated that he would provide the estimated cost to the Council and, after Council review, the Mayor will send a response to Mr. Tack. Keith Woolen, 359 W. Clackamas Cl, distributed copies of a letter and a map to the Council. Attorney Shields stated that the letter does bring up several subjects, one of which is the Sandwich Express. He requested that this letter and Mr. Woolen's comments be held over until testimony is being taken during the public hearing on the Sandwich Express issue. Rosemary Ramirez, 1010 N. Second, advised the Council that she has started an Oregon Chapter of Mother's Against Gangs. She briefly reviewed the goals of the organization and distributed copies of the flyer along with the white ribbon which is their symbol in support of peace. In 1993, she started the local chapter in an effort to work towards a safe environment within the community and her chapter continues to grow with some support from businesses and other concerned parents. CONTINUATION OF PUBLIC HEARING - SITE p~REVIEW ~94-01 AND VAR~ANCB ~4-03 R~; SANDWICH EXPRESS. Mayor Kelley continued the public hearing at 7:20 p.m.. (A transcript of the hearing is attached to the original minutes). Following the May 9th Council meeting, a letter was received from the applicant requesting removal of the variance application (Applicant's Exhibit $1). In addition, the following documents were also received and included as exhibits: letter from Ole and Joanne Lilleoren (~roponent Exhibit $1); letter from Don Mixell of Senior Estates Golf & Country Club (Opponent Exhibit ~4); Hwy 214 Traffic Plan submitted by Keith Woolen (Opponent Exhibit #2~; Communication addressed to Mayor Kelley, Council, and neighbors with Page 2 - Council Meeting Minutes, May 23, 1994 TAPE READING Tape 2 0880 COUNCIL MEETING MINUTES May 23, 1994 attached diagram ad letter to the editor (Opponent Exhibit #3); and letter from Virgigi~ Hunt (Opponent Exhibit Dale Baker, applicant, verified that the letter was on file from Mr. Hill which requested the removal of the variance application. The following individuals provided testimony in opposition to~ the site plan: Jack Donly, member of Senior Estates Board of Directors; Dan Glennon, representing Lind's Market and U.S. Bank; Doc Gheen, 2035 Camilla Way; Jack Tallman, 382 Columbia Dr.; Oren Thomas, 2136 Rainier Rd.; KeithWoolen, 259 W. Clackamas Circle (letter & map Opponent Exhibit 2); J.D. Mitchoff, 2333 W. Hayes; Mark Shipman, representing Senior Estates NeighborhoodAssociation (SENA); virginia Hunt, 781 Oregon Way, and Betty Stuchlik, 938 Oregon Way. At 8:57 p.m., Mayor Kelley closed the public hearing. During the discussion, Councilor Mitchell asked a question of the applicant, Mr. Baker, which Attorney Shipman expressed concern regarding ex-parte contact. A lengthy discussion was held on this issue. SIFUENTEZ/GALVIN .... reverse back to the Planning Commission for further study and, specifically, I am very concerned on the traffic impact and the Lind's parking lot. Councilor Mitchell stated that he felt he could make an impartial and unbiased decision, however, he elected to abstain from voting on the issue. On roll call vote, the motion was tied 2-2-1 with Councilors Figley and Jennings voting nay and Councilor Mitchell abstaining.. The Mayor voted aye to pass the motion and remand the site'planback to the Planning Commission. Following this hearing, the Council took a recess from 9:13 pm to 9:21 pm. COUNCIL BZL~ 1543 - ORD!__W~NCE gETTING TIMES FOR JUVENILE CURFEWS. Council Bill 1543 was introduced by Councilor Sifuentez. Recorder Tennant read the first reading of the bill by title only since there were no objections from the Council. Patti Milne, Sub-committee co-chair from the Gang Forum, stated that their committee had reviewed several ordinances from other communities to arrive at the ordinance which was before the Council. She stated that the proposed ordinance has enforcement capabilities and requires parental involvement. It is hoped that the proposed ordihance will provide a substantial deterrence for young people to get into trouble. The second reading of the bill was also read by title only. On roll call vote for final passage, Council Bill 1543 passed Page 3 - Council Meeting Minutes, May 23, 1994 COUNCIL MEETING MINUTES May 23, 1994 TAPE READING unanimously. Mayor Kelley declared the bill duly passed with the emergency clause. 1686 ~0UNCIL BI~ 1S44 - REgOLUTION _~T_ERING INTO ~GREEMENT WITH PORT_n~NDBTATEUNIVERBITY C__~NT__~__ FOR POPULATION REBEARCH~D ~ CENSUS. Council Bill 1544 was introduced by Councilor Sifuentez. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, Councfl Bill 1544 passed unanimously. Mayor Kelley declared the bill duly passed. 1719 ¢OUNC!~ BILL 1546 - REBOLUTION ~UTHORIZIN~ _~N UNEMPLOYMENT INSURANCE CONSULTANT BERVICES AGRE~N_~T WITH JEFFREY W. L~WR_~N. CE (L~_WRENCE COMPANY}. Council Bill 1546 was introduced by Sifuentez. Recorder Tennant read the bill by title only since there were no objections from the. Council. On roll call vote for final passage, Council Bill 1546 passed unanimously. Mayor Kelley declared the bill duly passed. 1758 COU~CIL BI~t 1547 - ~SOLUTION ~t~N~ FOR ~ PUBLIC HF~RIN~ ON ~HE ~WN~TION OF PROPERTY LO~TED NORTH OF P~P~ RO~D 1~ W~ST OF CITY LIMITS eNAmEL SMITH PROPERTY}. Councilor sifuentez introduced Council Bill 1547. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously..Mayor Kelley declared Council Bill 1546 duly passed. 1785 INSU~P4~N~CE ~ENT OF RECORD. Request for proposals were received from 5 different agencies of which three agenCies received interviews by the Selection Committee. Following the interview process, the Committee recommended the appointment of Huggins Insurance Agency for a three year term beginning July 1, 1994. J..E~NINGS/FIGLEY .... appoint Huggins Insurance Agency as the City's'Agent of Record for a three year term beginning July 1, 1994. Councilors Jennings and Mitchell stated that Councilor Hagenauer, who had served on the Committee, felt that Huggins Insurance would provide the city with excellent service. On roll call vote, the motion passed unanimously. UTILITY P&Y~_~NTS -- SERVICENTER~ND OTHER OPTIONS. A memo from Finance Director Gritta provided the council with alternatives to receiving utility payments. Additionally, the new owner of the ServiCenter has requested an increase in the collection rate from $.25 to $.30 per bill, however, Director Gritta was hesitant to propose a'new contract ~ntil the number of errors currently being experienced by staff are greatly Page 4 - council Meeting Minutes, May 23, 1994 TAPE READING 2562 COUNCIL HEETZNG HZNUTES May 23, 1994 reduced. Until then, the current contract with ServiCenter will remain in force even though there is a new owner of the business. JENNINGS/SIFUENTEZ .... City explore the possibility of putting drop boxes'at various locations within the City. The motion ~ passed unanimously. ~ Lynn Reinhart, owner of the ServiCenter since February 1994, questioned the status of her contract. · It was reiterated that the current contract language will remain in effect unless changes are made at which time a new contract would be necessary. If the City elected to terminate the service, the business would be given a 30 day notice as provided for within the contract. Mayor Kelley stated that he had. met with Ms. Reinhart and Finance Director Gritta and he felt.that the problems currently being experienced by city staff can be wokked out. Director Gritta concurred with the Mayor and stated that exploring other alternatives can still be accomplished even though a contract is in place with ServiCenter. It was noted that the Council will receive a status report on this issue after a 30-day review period. REOUEST FOR INSUraNCE COVERAGE ]~ND USE OF BOUND AMPLIFICATION EOUIPM_~TT -- ~ULY 4TH CELEBRATION. Police Lt. Eubank, General Chairman and Coordinator of the City sponsored July 4th Celebration, requested City liability coverage for the 2nd annual Firecracker Run and the 4th of July Picnic. The events will take-place at the Woodburn High School field between the hours of 7:30 a.m. and 11:00 p.m.. This is the first year in which workers' compensation insurance coverage will be required for those individuals actually involved in the set-up and lighting of fireworks. Therefore, he also requested that volunteer insurance be purchased under the City's workers' compensation program with cost of the insurance to be paid from funds collected by the 4th of July .Committee. Lastly, the Committee requested permission to use a sound amplification device for the full day's activities. JENNINGS/SIFUENTEZ .... grant the requests as outlined in the memorandum from Police Lt. Eubank. The motion passed unanimously. ACCEPTANCE OF PUBLIC RIGHT-OF-WAY RE= COUNTRY CLUB ROAD REALIGNMENT. Staff recommended the acceptance of public right-of-way from Glyn and Barbara Hilligoss and Prairie Corporation which would provide for the relocation of Country Club Road~nd certain utilities. JENNINGS/FIGLEY .... accept the warranty deed as recommended by staff. The motion passed unanimously. - Page 5 - Council Meeting Minutes, May 23, 1994 COUNCIL MEETING MINUTES May 23, 1994 TAPE READING ~607 ~CCEPT~WCE OF UTILITY F,~~ RE~ COUNTRY CLUB RO~D REALIGNMENT. Staff recommended the acceptance of a utility easement from Oren and Blanch Thomas which would provide for the placement of certain utility easements including traffic control ~ devices. ~ JENNINGS/FIGLEY... accept the utility easement from Oren and Blanch Thomas as recommended. The motion passed unanimously. 2634 RBOUEST FOR ST~T CLOSURE - SETTLEMI_R~__ D~YS ~CTIVITIES. The Woodburn Downtown Association has requested pe~mission to block off First Street between Garfield and Grant Street on Saturday, June 18th, between 8:00 am and 12:00 noon for the purpose of conducting the annual bedraces. JENNINGS/SIFUENTEZ .... request from the Downtown Association be granted. The motion passed unanimously. 2655 DIOUOR LIC_~WSE APPLICATION - ~4BERB CLUB, INC. Police Chief Wright recommended the approval o~ the Retail Malt Beverage (RMB) liquor license application submitted by Members Club, Inc. (OGA golf course). JENNINGS/FIGLEY... recommend to OLCC the approval of the RMB liquor license submitted by Members Club, Inc.. The motion passed unanimously. 2685 FID aWB~ -- LEGION P~RK PICNIC SHELTER. Bids for the repair and reconstruction of the picnic shelter, which was damaged during a wind storm a few months ago, were received from the following contractors: Security Construction, $26,398.00; Woodburn Construction, $75,000; O.A.K. Construction, $60,000; and Columbia Cascade Construction, $57,500. Staff recommended the acceptance of the low bid from Security ConStruction. · JENNINGS/SIFUENTEZ .... accept the low bid from Security Construction.' Brief discussion was held on the disparity in bids submitted by the contractors. Park Director Holly stated that staff also had some concerns on this issue, however, the low bidder recently completed the Parks Utility Maintenance shop and they did.an excellent job. On roll call vote, the motion paSsed unanimousl¥. RECOGNITION OF LONG-TERM RSVP VOLUNTEERS. Staff recommended Council approval of a policy to recognize RSVP Volunteers with twenty or more years of volunteer service to the community with the presentation of a lifetime pass on the Woodburn Transit Bus. JENNINGS/FIGLEY .... recognize RSVP volunteers with twenty (20) or more years of volunteer service with lifetime passed on the transit system. The motion passed unanimously. Page 6 - Council Meeting Minutes, May 23, 1994 3A TAPE READING Tape 3 0785 O797 COUNCIL MEETING MINUTES May 23, 1994 STATUS REPORT - CITY H~T.t ~TZNG ~WD AIR CONDITIONING SYSTEM. Administrator Childs advised the Council that the heating and air conditioning system which serves the Police Department is no longer operable and it would take approximately $10~000 to repair the existing unit. He requested Council direction as ~ to whether the unit should be repaired or authorize the search for a mechanical engineering consultant to evaluate.and. provide bid specifications f~r the replacement of this ~sit and/or complete system for City Hall. If a consultant ' hired, this project would be combined with the Library project in'which funds have already been allocated for an engineering study to evaluate their heating and air-conditioning system. Lengthy discussion was held regarding the need for a mechanical engineer rather than having'the heating/air conditioning companies provide their own engineer to evaluate the building and submit a bid. Staff expressed the need to have general bid specifications that would allow ~or a variety of heating/air conditioning brands carried by various companies for the purpose of meeting established purchasing rules. JENNINGS/FIGLEY... hire a consultant to evaluate and prepare bid specifications for City Hall and the Library in. amount not to exceed $15,000 with the result from the consultant due within 90 days. It was the consensus of the Council that during the interim period, a temporary solution to the problem be sought which would cost substantially less than $10,000. ~ITB PLAN REVIEW - K??-~OY'S MANUFACTURED HOME S~LBS LOT. No comments were received by the Council on this site plan. ST~FF REPORTS. (1) Notice of Transportation Growth Management Grant award - The City will receive $35,000 towards the cost of a consultant to assist the City with their transportation plan. (2) Open House on Wastewater Treatment Facility options - The open house is scheduled for Monday, Ju~e 6th, City Hall, between 4:00 pm'and 8:00 pm. The public is encouraged to attend. (3) Status 'of stacy Allison street lighting -- This project is underway with proposals being submitted and easements being obtained from property owners. (4) Informational memo - Burley v. City of Woodburn -- This case will be going, to trial on June 15th and 16th. The city Administrator will be in attendance at the'tria}, however, the City is being represented by our insurance carr£er. (5) Police Cadet Downtown Clean-up--- On April 16th, the police cadets sponsored a downtown clean-up in which several cadets, citizens, and Cadet Advisor Officer Coggins participated. Recognition was also given to United Disposal, Page 7 - Council Meeting Minutes, May 23,- 1994 3A TAPE READING 0894 COUNCIL MEETING MINUTES May 23, 1994 Dip N Donuts, and Woodburn High School Pharmacy for'their donation of services during this event. (6) Completion of .Park Utility/Shop Building -- The new facility is now complete and the Mayor and Council were invited to tour the new facility. ~ (7) Transit route and Dial-a-Ride schedule changes -- Effective July 1, 1994, some minor transit route changes will occur and a third day will be added to the Dial-a-Ride van service. (8) Clarification of street tree pruning and removal standards -- Director Tiwari provided a response to the Council on the city's street tree pruning and removal standards that were addressed in the recent letter from Terry Will. The memo stated that, unless otherwise directed by the Council, the requested reimbursement from Mr. Will would be denied. It was noted thatMr. Will would receive a 'copy of the memo. · (9) Final unofficial election results -- As of this date, the tally of votes is 1,409 yes and 1,310 no. The final official abstract of votes will be available around June 6th. ADJOURNMENT. JENNINGS/FIGLEY .... adjourn the meeting. The motion passed unanimously. The meeting adjourned at 10:35 p.m.. APPROVED LEN KELLEY, MAYOR ATTEST Mary Tennant, Recorder City bf Woodburn, Oregon Page 8 - Council Meeting Minutes, May 23, 1994 3A SPECIAL COUNCIL MEETING MINUTES May 24, 1994 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MAY 24, 1994. 00O3 CONVENED, The Council met in a special meeting at 12:33 p.m. with Council President Jennings presiding. 0008 ROLL CALL. Mayor Kelley Absent Councilor Figley Absent Councilor Galvin Present Councilor Hagenauer Present Councilor Jennings Present Councilor Mitchell Absent Councilor Sifuentez Present 0021 0O97 Staff Present: City Administrator Childs, City Attorney Shields, Finance Director Gritta, Park & Recreation Director Holly, City Recorder Tennant REVIEW OF BIDS - SWIMMING POOL BOND ISSUE. Bids were submitted from the following financial companies (bids listed at true interest cost): Dain Bosworth, 5.3888756%; Ragen, MacKenzie, Inc., 5.440130%; U.S. National Bank, 5.473457%; First Interstate Bank, 5.83700%; Piper, Jaffray, 5.5509213%; Smith Barney, 5.552800%; Merrill Lynch & Co., 5.555845%; Kemper Securities, Inc., 5.604000%; and A.G. Edwards & Sons, 5.694515%. Finance Director Gritta briefly reviewed the bids and recommended that the bid be awarded to Dain Bosworth on the basis of the lowest true interest cost. COUNCIL BILL 1548 - RESOLUTION ACCEPTING A BID FOR THE PURCHASE OF GENERAL OBLIGATION BOND. SERIES 1994. DIRECTING DELIVERY AND SALE THEREOF. Council Bill 1548 was introduced by Councilor Sifuentez. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously..Council President Jennings declared Council Bill 1548 duly passed. - Page I - Special Council Meeting Minutes, May 24, 1994 ~A SPECIAL COUNCIL MEETING MINUTES May 24, 1994 TAPE READING 0126 ADJOURNMENT. SIFUENTEZ/GALVIN .... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 12:40 p.m.. APPROVED LEN KELLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 2 - Special Council Meeting Minutes, May 24, 1994 MINUTES PLANNING COMMISSION MAY 19, 1994 3B 1) 2) 3) 4) ROLL CALL: Chairperson Mrs. Warzynski Present Vice Chairperson Mr. Bauer Present Commissioner Mrs. Henkes Present Commissioner Mrs. Bjelland Present Commissioner Mr. Finch Present Commissioner Mr. Pugh Absent Commissioner Mr. Kosikowski Present Commissioner Mr. Atkinson Present Commissioner Mrs. Davis Absent Staff Present: Steve Goeckritz, Community Development Director Teresa Engeldinger, City Planner BUSINESS FROM THE AUDIENCE NOT ON THE AGENDA: None COMMUNICATIONS: None PUBLIC HEARING: Continuation of: SPR//93-22 and Modification #93-01 Ordinances #2095 and 2098 Capital Development, applicant. Staff read statement necessary to continue public hearing. Staff stated that the applicant wished to build a 85,000 sq. ft. retail outlet center and modify Ordinances 2095 and 2098. Staff read the Approval Criteria, Raise it or waive it Rule, the Right to Have the Record Remain Open, Right to a Continuance of the Hearing, and the Notice to Public. .. PCM 5/19/94 SG:bw 3B Staff stated the continuance of this hearing from April 14, 1994 was due to staff awaiting a response from ODOT. It has been received. The city has the responsibility of the on-site improvements and has requested the applicant make the following on-site improvements: Extend Stac¥ Allison 1200 ft. to Outlet Ave. Improve Prairie Blvd. with extension. All of these improvements would have sidewalks and bike lanes. There would be no off site parking. ODOT stated that all of the following conditions must be met: Widen the south bound off ramp and provide left and right turn lanes. South bound on-ramp would require a right turn lane on Hwy 219. The north i~ound off ramp et Hwy 214 would require a left and right turn lanes. A signal would be required at this off ramp. A right turn lane would be required on Hwy 214 to the North bound on ramp. A median strip would be required from the signal at the north bound off ramp to Evergreen Road instead of the refuge lane. Right turn lane for turning onto Evergreen Road would also be required. Staff read into record 1 ) a letter from Senior Estates regarding traffic on Hwy 214, the Sandwich Express and the Capital Development Project. 2) a letter from McDonald's Corporation opposing the center median from I-5 to Evergreen Road due to its affect on customers accessing the facility. Staff went over the alternative actions the Planning Commission could take. 1. Continue the hearing and establish a date certain for additional testimony. 2. Close the hearing, with the record remaining open for seven days : .- . and make a decision after any new information is.. receive, cl. 3. Close the hearing and make a recommendation to the City PCM 5119/94 SG:bw 2 Council. Staff referred to the last page of the packet regarding amending Ordinances 2095 and 2098 if the Commission so determines that this is the appropriate action to take. He stated that if the Commission chooses to approve the site plan be sure to include the conditions listed in the staff report and the conditions requested by ODOT, Commissioner Kosikowski asked staff if ODOT would be making improvements later anyway. Staff answered yes, they will have to be done sometime in the future anyway. Commissioner Kosikowski stated that if the Commission approved this project with the ODOT conditions, all of these improvements would have to be paid for by the developer not the citizens of Woodburn. .. John Donaldson, Capital Development, 2016 Alegro, Olympia, Washington, stated that he did not wish to do an Instant replay of their presentation, he would rather answer questions from the audience and the Commission. He stated that Capital Development would also like time to get a handle on the cost of these improvements. He complimented staff on their work. He was concerned about the cost of all the Improvements that shobld have been done already by the Highway Division. Now this being burden would be the responsibility of one developer. The request could bankrupt the project. Chairperson Warzynski ask if there was anyone in the audience who wished to speak for this project. Jane Kanz, Executive Director of the Woodburn Chamber of Commerce, stated they are in support of the Capital project. They are not in support of the center median due to hurting existing businesses. She referred to a memo from Bob Benke, Woodburn Fire District, "a solid barrier along Hwy 214 would impede emergency vehicles". Mindy Smith, 305 McLaughlin, owner of McDonald's, stated she was-for the project but she was not for the solid median. She feels that it would hurt her business and if any emergencies occurred in her restaurant that they would be impeded by the median. Mike Jager, 420 Smith, echoed Jane Kanz's support for the project but would not support, the median along Hvvy 214. He felt that the e¢.onomic..growth would improve the quality of life in the Woodburn area. 3B 3 PCM 5/19/94 SG:bw 3B Chairperson Warzynski asked if there was anyone in the audience who wished to speak against the proposal. Doc ,2035 Camellia Way, stated he was in favor of the project if the following conditions were met: 2. 3. 4. 5. A flashing warning light at the golf cart crossing. Traffic routed down Settlemier to Parr Rd. A new freeway on/off ramp installed at Parr Rd. Something be done about the increased traffic on Rainier Rd. The traffic on Hwy 214 will increase with the widening of the highway. Something needs to be done about the increased traffic. He stated that the Senior Estates has and will continue to support growth in the City of Woodburn all they want is to be considered when these plans are being made. Betty Pierce, 721 Oregon Way, has no objection to the project bu( would be very happy if Hayes Street would be made into a dead-end. She asked if the median was put on Hwy 214 what type would it be. Keith Woolen, 259 W. Clackamas, had some comments on the drawing. He felt that the drawing was very cleverly drawn to mislead the audience and the Commission. He asked for the Planning Commission to continue this meeting so he could bring a complete map of the area. J.D. Mitchoff, 2333 Wo Hayes,' stated that he lived in the "traffic center of Woodburn", the corner of Hayes and Evergreen. He objects to every bit of the project. He asked why this area was choose to put in a shopping mall. He felt that West Hayes is an alternative to Hwy 214. Commissioner Kosikowski asked if Hayes street has always been a collector street. Staff answered yes. Commissioner Kosikowski asked Mr. Mitchoff if he asked his real estate agent about Hayes street traffic when he purchased his home. Mark Shipman, Attorney, representing Senior Estates Neighborhood Association objected to Commissioner Kosikowski questioning of Mr. Mitchoff. Commissioner Kosikowski stated he asked Mr. Mitchoff if he could ask him a PCM 5/19/94 SG:bw 4 3B question, Attorney Shipment stated that the nature of the proceedings were out of order. Mr. Mitchoff asked about staff's statement that the signal at the north bound ramp would help traffic go faster. He stated that he then heard staff state that all of these improvements would not improve the situation but keep traffic at the current level. He 'apologized for arguing with Commissioner Kosikowski. He stated that he did open himself up for questions. He stated he wanted to go on record as against this project until the traffic problem is taken care of. Orin Thomas, 2136 Rainier Road, stated that he was strictly against the change at Oregon Way. He would like to see a blue print of the Country Club/Oregon Way realignment. Commissioner Finch asked if he was talking about the Capital Development. Mr. Thomas said no. Commissioner Finch asked that Chairperson Warzynski require the audience to speak to Capital Development only. Rene Dumas, 1130 Orchard Lane, Operator of the French Prairie Care Center and representing the assisted living facility being built on Stacy Allison. He wanted to go on record that he was not against the project, but he was concerned with the traffic, and the parking on Evergreen Road. He was concerned for the safety of residents and visitors. Mike Robinson, Attorney, 900 SW 5th Ave., Suite 2300, POrtland, stated that pursuant to ORS 1977634(b) he was requesting the Commission to continue the hearing. He stated that he was not sure that his client was in opposition of this request, but given the nature of the involvement of ODOT they wished to take the opportunity to request a continuance so they could review the record carefully and determine how they feel about this project. He asked the Commission to continue to hearing to a date certain. Howard Davis, 950 Evergreen, stated he was against this proposal because the signals that would be installed will not take care of the traffic generated by this development. Walt Deinhardt, 467 W. Clackamas, stated that he was not against the development of the area, he was against the plan of the access to this area. He felt that the State should put a freeway on/off ramp to the south on Parr PCM 5119/94 SG:bw 5 3B Rd. Betty Stuchlik, 938 Oregon Way commented on the letter from Don Mixell, she stated that all of the concerns of the Senior Estates were not addressed. She stated that Senior Estates were not against Capital Development but something must be done with the traffic. Mark Shipman, Attorney, with the office of Wallace W. Lien, Salem, representing SENA (Senior Estates Neighborhood Association). He stated that he felt that the request for the modifications to the ordinances should be scaled down. Condition I - 2095 - prior to development amend the Comprehensive Plan Map configuration... He stated that it was too broad, too open. His concern for SENA that the Planning Commission pare the request back and allow the development but that 1) do the reconfiguration prior to occupancy, 2) allow development this time, but no further development until the reconfiguration is done. Condition I - 2098 - ODOT provision request too broad. He urged the Planning Commission to pare down this re'quest. He stated that SENA wants reclassification to Residential from the Commission and have changed before occupancy or no further development until reconfiguration. He addressed the Site Plan Request. He stated that the neighborhoOd was very concerned about the area outside the interchange area. There is a need for a traffic mechanism limiting traffic. He was in agreement with Mr. Robinson in keeping the public hearing open. John Donaldson, Capital Development ask for clarification: 1! The concern about property adjacent to south east being changed from Commercial to Residential. He stated that this .was exactly what Capital Development wants to occur. 2) "Too Broad" Capital has been working on this for two years. Capital's legal people have reviewed and he assumed that the city's legal staff had too. 3) He could not understand why a continuance was necessary based on Mike Robinson's request. He introduced Howard Stein, a traffic engineer for Capital Development. HowardStein, 13340 SW Hanger Rd. Beaverton, 97005 explained statistics of traffic on Hwy 214. The goal with all the improvements on Hvvy 214 are to 6 PCM 5/19/94 SG:bw 3B move traffic through the city, not to get into businesses. The median requested by ODOT would be mountable by emergency vehicles. He commented that ODOT was going to put money behind this project. He pointed out the traffic problems that are incurring at Incredible Universe, in Wilsonville, do not exist here. Vice Chairperson Bauer asked about traffic analysis that takes into consideration what kind of vehicles use this highway such as trucks, verses other areas in the valley. Mr. Stein explained how these truck vehicles were taken into consideration at the design stage. Mr. Donaldson stated that this a 20-25 year project for Capital Development. They are willing to work and meet with anyone regarding this project. Chairperson Warzynski called for a 5 minute break. The meeting resumed at 9:05 pm. e Commissioner Adkinson made the motion to continue the hearing to July 14, 1994. Commissioner Bauer seconded the motion. A vote was taken and the motion passed. BUSINESS FROM THE COMMISSION: None. ADJOURNMENT: There being no further business the Planning Commission meeting adjourned at 9:15 p.m. PCM 5/19/94 SG:bw 7 MINUTES MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD DATE: ROLL CALL: May 25, 1994 Willy Baldwin - Present Gloria Predeek - Present Nancy Bowman - Present Jean Weatherill- Present Dorothy Jaeger - Excused STAFF PRESENT: Linda Sprauer, Director Judy Coreson, Recording Secretary GUESTS: None CALL TO ORDER: Vice-President Gloria Predeek called the meeting to order at 12:10 PM. SECRETARY ' S REPORT: The monthly Board minutes of April 27, 1994 were approved as submitted. DIRECTOR'S REPORT: OLD BUSINESS: Monthly Statistics: The monthly statistics were self-explanatory. Linda will contact CCRLS to see if there were. any computer problems which would indicate the lower circulation in April. Activities: A list of activities was distributed to the Board. On May 4 the Ballet Folklorico de Woodburn presentation was well attended. The John Pitcher's Slide/Lecture program was well received with 77 people attending on May 10. For future programs, staff will experiment with issuing free tickets in advance, so the number attending will be known. Survey Results - Comments: The Board was given the results and comments from the customer satisfaction survey conducted in cooperation with the American Library Association du~ing National Library Week. Building Repair - Bid Opening- Date: Two contractors came to the Pre-bid Conference on May 18. The bid opening will be June 2 at 12 Noon. The City Council meets on June 13 when they will NEW BUSINESS: hopefully be able to approve a contract with the selected bidder. Heating System Fan: Money is allocated for a study for the library's heating system fan. This project is now combined with the air conditioning proble~ at City Hall. New Hours: As a result of the City's budget passing, we will be expanding open hours. Notices will be posted for the new hours as of July 5. Parking Lot: An in-house study is being made by the Public Works Dept. for the library's parking lot. Volunteer Appreciation: A volunteer appreciation is being planned. At the RSVP'S Volunteer Appreciation, Norma Cook will be presented with a City of Woodburn free lifetime bus pass for her 20 year service. Next Meeting: Jean Weatherill will not be able to attend the June monthly board meeting. BUSINESS TO/FROM THE CITY COUNCIL AND/ORMAYOR: None ADJOURNMENT: The meeting was adjourned at 1:05 PM. Respectfully Submitted, Judy Coreson Recording Secretary Library Board Minutes - 5/25/94 2 Retired Senior Volunteer Program CITY OF 491 North Third Street * WOODBURN Woodburn, Oregon 97071 * 982-5255 PROCLAMATION WOODBURN SETTLEMIER DAYS ~ 18- 19, 1994 WHIIRR4~, Woodbum founder, Jessie Settlemier, with the help of the settlers he gave land to lay the foundation upon which Woodbum has built a community rich in cultural and industrial diversity, and ~ Woodbum Settlemier Days is an annual celebration which acknowledges the importance of Jessie Settlemiers' generous foresightedness, and WHEREAS, Woodbum Settlemier Days provides many activities for the enjoyment of area residents and out of town friends. Activities which include the Settlemier Strut l OK Vo~, Pancake Brealcfast, Victorian Yard Sale, Chicken Bar-B-Que, Headsman Bike Rodeo, Softball Tourney, Strawberry Shortcake, Bed Races, and more, and WHEREAS, It is fitting that the conmmnity of Wood/burn, founded by Jessie Settlemier, should recognize this celebration by supporting Woodbum Settlemier Days, NOW, THEREFORE, 1, Len Kelley, the duly elected Mayor of the City of Woodbum, do hereby proclaim JUNE 18- 19, 1994 WOODBURN SETTLEMIER DAYS in Woodburn and urge area residents to participate in and enjoy the activities and events of Woodbum Settlemier Days 1994. IN TESTIMONY WHEREOF, seal of the City of Woodburn to be affixed this I have hereunto set my hand and caused the day of June, ~994. Len Kelley, Mayor City of Woodbum 8A TO: FROM: SUBJ.: DATE: MEMO Mayor and City Council Chris Childs, City Administrator June 13. 1994 Budpet Hearinp (F.Y. 94-95 Budpet! June 8, 1994 As Council is aware, a previous public hearing on the city's Fiscal Year 1994-95 budget was held on May 9, 1994. However, to ensure strict adherence to Local Budget Law, the Council directed that the budget summary be republished, setting another public hearing for this date (June 13, 1994). Inasmuch as the public hearing deals with the city's annual budget B~IU21ZC0_~ bv the budoet committee, nothing has changed since the previous hearing. Accordingly, in terms of a staff report in support of the public hearing, I have attached the basic content of the staff report previously provided in connection with the first public hearing. This memo outlines the meaningful dollar amounts and program changes incorporated into the 1994-95 budget document. As we reach the conclusion of the present fiscal year and review accompanying financial reports, some year-end adjustments will likely be identified to most accurately reflect the current fiscal status of the city. Any such adjustments will be provided for Council review in conjunction with the final adoption of the budget. 8A TO: FROM: SUBJ.: DATE: MEMO Mayor and City Council Chris Childs, City Administrator F,Y, 19~14-95 CiW Budqet HearinQ May 2, 1994 / (Revised June 8, 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 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 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 collected 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: $209,06.0 $1,577,413 $655,815 ~444.~643 $2,886;'931 8A Page 2 - Memo/1994-95 Budget Hearing (Rev. 6/8194) * 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. 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 end city hall and additional miscellaneous library equipment. Park improvements, besides the major project represented 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 {~nd 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 8A Page 3 - Memo/1994-95 Budget Hearing (Rev. 6/8/94) 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 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. I wish to express my thanks to the members of the city's budget committee for the many thoughtful hours they committed to reviewing the 1,cl94-95 budget. Likewise, I commend all of the city's department heads and other sl~aff 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. MEMO TO: FROM: SUBJECT: DATE: Mayor and City Council through City Administrator Planning Commission Annexation 94-01, Zone Map Amendment 94-01, Comprehensive Plan Map Amendment 94-01 June 6, 1994 At their hearing of May 12, 1994 the Planning Commission recommended approval to the City Council of the annexation of approximately 19 acres to the City of Woodburn. This property is located on the north side of Parr Road and west of Elana Way. In addition, the Commission recommends the Council amend the Comprehensive Plan Map from Single Family to Multi-Family and rezone the subject property from Marion County UTF to City RM (Multi-Family). The Planning Commission has granted conditional use approval of a proposed manufactured home park and a partition to create two parcels. See Maps I & Ih The Conditional Use and Partition approval however, are subject to City Councils approval of the applicants request for the Annexation, Comprehensive Plan Map and Zone Map Amendments. The City Council may take one of the following actions: 1. Approve the Planning Commission's recommendation for the Annexation, Comprehensive Plan Map and Zone Map Amendments. 2. Amend the Planning Commission's recommendation and substantiate with findings. 3. Remand the proposal back to the Planning Commission for further study. 4. Deny the applicant's proposal and substantiate with findings. What ever action is taken, the City Council instruct staff to prepare an ordinance with findings to substantiate the Council's decision. . CITY 270 Montgorncw Street WOODBURN Woodburn, Oregon 97071 · 982-5222 STAFF REPORT ANNEXATION 94-01 ZONE MAP AMENDMENT 94-01 COMPREHENSIVE PLAN MAP AMENDMENT 94-01 CONDITIONAL USE APPROVAL 94-01 PARTITION 94-03 I APPLICANT: Mick DeSantis PO Box 614 Woodburn, OR 97071 II OWNER: Hazel M. Smith 105 Ben Browns Lane Woodburn, OR 97071 III NATURE OF THE APPLICATION: The applicant has submitted a petition requesting to annex approximately 18 acres to tt~ City of Woodburn. The owner of the subject property have filed the necessary petition and -do consent to the proposed annexation. In addition, the applicant is requesting a zone change from Marion County Urban Transition Farm (UTF) to City Multi-Family (RM), a Comprehensive Plan Map Amendment to designate the property from single family to multi-family. The annexation will include two newly created parcels, parcel II as indicated on the site plan is approximately 7 acres, parcel III is approximately 12 acres. These newly created parcels will be located north of Parr Road and contiguous to the existing multi- family designated section of tax lot 100 as indicated on the Comprehensive Plan Map. The annexation of this site is being sought by the applicant in order to request conditional use approval of a manufactured home park. This will be located on the newly annexed property and be development-in three phases as indicated by the applicant. (See.maps I'.- II) RELEVANT FACTS: Land area: Approximately 18 AC The property can be identified specifically as Tax Lot 100 §S,2W, Section 13 General description of the area: a. slopes - relatively fiat b. vegetation - grass for seed c. drainage - natural drainage'exists. Applicant subject to Public Works comments~ d. flood area - none e. sewage disposal - available at Ben Browns Lane. Applicant subject to Public Works comments f. utilities (gas,electric,tel) - available at Parr Rd. Existing Land Use a. No. single family units 0 b. No. multiple family units O c. Commercial 0 Industrial 0 Public Uses 0 d. Open space 18 AC School Impact: The school district owns property across Parr Rd. Nelle Meuir, Lincoln and French Prairie Schools are approximately one half mile away and the existing High School is approximately 2 miles. A notice of the proposed action was sent to Department of Land Conservation and Development on 3123194 per Oregon Administrative Rule 660-18-020. To date no response has been received. Marion County has also received a notice and has responded in a letter dated April 13, 1994. The County is supportive of higher density development in that the proposal will be in compliance with the Counties Comprehensive Plan and concentrate growth within in the Cities Urban Growth Boundary. (,/~TTt~c~tt~.~ The Woodburn Zoning Ordinance per Chapter 26 Multiple Family Residential Distract allows Mobile Home parks as a conditional us~e. However, according to the Chapter 446 and 918, Division 600 Building Codes Agency of the Oregon Administrative Rules, the State is responsible for building standards on site. This responsibility has been delegated to Marion County. The Planning Commission will decide to grant conditional use approval of the applicants request. The applicant will work with the Public Works Department and Planning Department regarding off-site improvements, but the County will be responsible for reviewing the actual park. 8B V RELEVANT APPROVAL CRITERIA: Woodburn Comprehensive Plan Chapter IX Goals and Policies A. Residential Land Development Policies D. Annexation Policies G. Housing Goals and Policies Ho Public Services Goals and Policies I. Transportation Goals and Policies K. Growth and Urbanization Policies Chapter X. The Land Use Plan C. High Density Residential Lands Bm Woodburn Zoning Ordinance Chapter 5 Permits and Enforcement .. Chapter 6 Planning Commission Chapter 7 Public Hearing Chapter 8 General Standards Chapter 9 Residential Standards Chapter 10 Off Street Parking, Loading and Driveway Standards Chapter 14 Conditional Use Chapter 15 Zone Change Chapter 16 Comprehensive Plan Amendment Procedures Chapter 19 Manufactured Dwelling Standards Chapter 26 Multi-Family Residential District Chapter 39 Mandatory Parkland Dedication of Cash-in-lieu Woodburn Subdivision Ordinance Chapter III section 8. Procedures for Partitions "-D. Landscape Standards E. Sign Ordinance 8B Chapter IX Goals and Policies for the Land Use Plan Residential Land Development Policies The residential land development policies A-1 through A-11 have been addressed by the applicant. (See Attachment I) Aol. Residential areas should be designed around a neighborhood. Neighborhoods should be an identifiable unit bounded b~ arterial non-residential uses, or natural features of the terrain. The neighborhood should have a community facility, such as a school, park, or privately owned community facility to allow for interaction within the neighborhood. Staff: The proposed development will be an identifiable neighborhood.It will be maintained under one o .wnership as a manufactured home park. The proposed use will I~e surrounded by fencing and vegetation. A-2 Living Environment- Developments in residential areas should be constructed in such a way that they will not seriously deteriorate over time... Staff: The applicants request for the manufactured home park will be reviewed by Marion County. A-3 Development should promote, through the use of moderate density standards and creative design, a feeling of openness and spaciousness with sufficient landscaped area and open space to create a pleasant living environment. Staff: The applicant has indicated that while this development will be a manufactured home park, the average lot size will be 5,350 square feet. City residential standards are 6,000 square feet minimum. The applicant has also indicated that the interior streets will be 40% wider than required by the state guidelines for manufactured home parks. There will be landscaped common area for residents. A-4 Streets in residential areas should be used by residents for access to collectors and arterial. Staff: The applicant proposed developmen~ will have direct access to collector/minor arterial. The final designation of which will be determined by the City when the Transportation Plan is completed by March 1995 ; 8B A-§ A-6 A-7 A-8 A-9 A-lO Residential developments should strive for creative design which will maximize the inherent Values of the land being developed and encourage slow moving traffic. Each residential development should provide for landscaping and tree planting to enhance the livability and aesthetics of the neighborhood. Non-residential uses... Staff: This policy is not applicable because the site is planne(~ for and proposed for residential use only. Home Occupations... Staff: Home occupation businesses are allowed per section 1.270 of the Woodburn Zoning Ordinance. High traffic generating non-residential uses sl~ould not be located in such a manner as to increase traffic flows on residential streets or residential collectors, Industrial and commercial uses which locate adjacent to residential areas.. Staff: The proposed manufactured home park is a residential use. The surrounding properties are also zoned for residential purposes. High density residential areas should be located so as to minimize the possible deleterious effects on adjacent Iow density residential developments When high density and Iow density areas abut, density should decrease in those areas immediately adjacent to Iow density residential land. Whenever possible, buffering should be practiced by such means as landscaping,sight-obscuring fences and hedges, and increased setbacks. Staff: The applicant has submitted a preliminary landscape plan. Landscaping and buffering will be provided along Parr Road as well as long the single family residential uses to the east. The buffering will consist of arborvitae and a chain link fence. .A-11 Traffic from high density residential areas should have access to collector or arterial streets without goihg through other residential streets, Staff: The development will have direct access oh to Parr Road which is a collector/minor arterial. Annexation Policies Annexation policies are extremely important for the City. While it is important that enough land is available for the necessary development anticipated in the City of Woodburn, it is also essential to prevent too much land being included in the city limits as this leads to inefficient, sprawling development. Because of the need to plan for public improvements, the City should insure that there is a five year supply of vacant land within the City. Services should be provided to that land during that five year period. \ Staff: The Urban Growth Boundary was adopted in 1980. This boundary designates areas outside Woodburn's City Emits that could be annexed to accommodate growth to the year 2000. The annexation of this land is to accommodate the growth demands of the City in a timely manner. Housing Goals and Policies G-1-1 The City will insure that sufficient land is made available to accommodate to growth of the City. This requires that sufficient land for both high density and Iow density residential developments is provided within the confines of the growth and development goals of the City... Staff: According to a letter dated September 9, 1992 from the Department of Land Conservation and Development, the City provides for approximately 18% of future housing for multi-family development. This percentage is extremely Iow according to DLCD and any actions to reduce this ratio will be opposed by DLCD. This request is in conformance with Statewide Planning Goals 10 and 14. Public Services Goals and Policies It is the goal of the City to provide adequate public services to all areas of the City to include: sewer lines of adequate capacity; water lines of adequate capacity for both domestic supply and fire fighting capabilities; and storm drainage to prevent flooding of valuable property where feasible. ..Staff: Sewer, water and storm drain lines in conjuoction with streets abut the annexed property. It will be the responsibility of the developer to construct the infrastructure that is needed for this development to occur. ~B Transportation Goals and Policies Staff: The Transportation Task Force has identified Parr Road as ~ major east/west transportation route and may be subject to substantial capital improvements. Growth and Urbanization Policies Policies K-1 through k-ll are applicable to the petitioners request. Public services are available to the site, the developer will be required to pay systems development Charges for their impact on the infrastructure. The City of Woodburn and Marion County have maintained a process for providing an exchange of information relative to the proposed annexation. Marion County has made written response and is in favor of the proposal. Once the .ann.exation takes place, the property will fall under the City's ~urisdiction.', Chapter X The Land Use Plan The subject property is planned for single family residential. The applicant intends to develop the site as. single family, therefore, the property to be annexed will be redesignated as single family. Chapter X The Land Use Plan High Density Residential Lands~ Staff: This proposed zone change to high density residential land is not surrounded by commercial or industrial land. Because they tend to generate more traffic per acre than single family, they must be located closer to collector and arterial streets. The proposed use will have direct access on to Parr Road, which has been identified as a collector/arterial. 7 Woodburn Zoning Ordinance Chapter 8 General Standards Section 8.190 Vision Clearance Staff: The site plan indicates a landscaped area at the intersection of the driveway entrance to the development and Parr Road· The applicant will have to comply with this standard so as not block vision clearance areas. \ Chapter 10 Off Street Parking, Loading and Driveway Standards Section 10.080 Driveway Standards Staff: The site will be review and approved by Marion County. The applicants driveways will be reviewed and subject to (a) through (j) as applicable to this request. All off site driveways will be subject to review and approval by the Public Works Department. Chapter 14 Conditional Use Section 10.070 Findings of the Planning Commission (a) That it has the power to grant the Conditional Use; (b) That such Conditional Use, as described by the applicant, will be in harmony with the purpose and intent of the district. (c) That any condition imposed is necessary for public health, safety or welfare, or to protect the health of safety of persons working or residing in the area, or for the protection of property or improvement on the neighborhood. Staff: The Planning Commission does have authority to review and require conditions of approval as are necessary for this development. Eventhough, the development necessitates a multi-family designation, as indicated by the applicant, the average size of the lots will be 5,350 square feet. Standard residential lots are 6,000 square feet. The proposed park will function similar to a single family residential subdivision, but provide for a full time on site manager. Chapter 15 Zone Change Procedures 1. Show that the request in on conformance with the Comprehensive Plan. Staff: The request is not in conformance with the Comprehensive Plan. The applicant is requesting a change from s~ngle family to multi- family. 2. There is a public need for this change. Staff: The applicant has addressed this approval criteria adequately. The public need would be indicated by current market conditions. The Department of Land Conservation and Development has indicated in order to comply with state wide planning goals 10 and 14, the City is in need of increasing our stock of multi-family stock. 3. That need is best met by this proposal. \ Staff: The applicant has addressed this approval criteria adequately. The site is part of a large parcel of property that is available for development within the City's Urban Growth Boundary. It is located adjacent to Parr Road which is a collector/arterial. 4. There in no other available and appropriately zoned land in the vicinity. Staff: There are other areas designated for this type of ~se, howe,/er, since the City is deficit in its multi-family designated acreage, this request is in keeping with the objectives of the Comprehensive Plan. (See Attachment II) 5. Petitioner cannot make a reasonable use of the land as it is currently zoned. Staff: The applicant could utilize the property for single family development which would make allowance of a subdivision with 6,000 square foot lots. In order to proceed with development of a manufactured park, the property must be rezoned to multi-family. This type of development will allow the owner to maintain control over the development. · .-Chapter 16 Comprehensive Plan Amendment Procedures Section 16.080 (1) Prove that the original plan was in error (2) Show that the community has changed since the original plan was adopted; or (3) Show that there has been a change in the planning and growth policy of the City Staff: The City has 14% of its uncommitted land area within its Urban -Growth Boundary that is designated for multi-family residential use (see Attachment II). This percentage should b~ closer to 30% according to DLCD. co~,~,~_%~c~_N~.~_ 9 Chapter 26 Multi-Family Residential District Section 26.030 Conditional Uses When authorized under the procedure provided for Conditional Uses in this ordinance, the following uses will be permitted in an RM District: (b) Mobile Home Park Staff: The applicant is requesting conditional use approval of the mobile home park. Chapter 39 Parkland Dedication and Cash-in-lieu Staff: The applicant shall be required to systems development charges. pay the re. quired parks Woodburn Subdivision Standards Chapter III Section 8 Staff: The applicant has submitted the information as required per section 8. Specific utility information and location(s) can be addressed at the time the applicant at time of final engineering approval. Landscape Standards Staff: The applicant will be responsible for providing on site landscaping in accordance with the state requirements. The applicant has provided landscaping along the entire Parr Road frontage and adjacent to the existing single family lots to east. Sign Ordinance Staff: The applicant will provide entrance signs at Parr Road. These will be reviewed by Planning Staff. The building official will issue necessary permits for signs. 10 VI VII VIII COMMENTS FROM OTHER DEPARTMENTS: Attachment A Attachment B Attachment C CONCLUSION: Public Works Woodburn Fire District Building Department The applicant is petitioning the City of Woodburn for annexation of approximately 18 acres of property described in this report. The annexation is necessary for the development of a mobile home park. To proceed with this development, the applicant is requesting a zone change from Marion County UTF to City RM multi- family and a Comprehensive Plan Map amendment from single family to multi-family. The applicants proposal will be reviewed by Marion County subject to State Manufactured Dwelling Park standards. Off site improvements such as utilities and perimeter landscaping will be reviewed and subject to City Standards. ADDITIONAL STAFF COMMENTS: Am The city of Woodburn's Comprehensive Plan Map identifies the land to by incorporated into the city limits as Iow density residential. Be The property is presently zoned as Marion County Urban Transition Farm (UTF). Ce At the time of annexation the property will be amended from UTF to multi- family residential (RM), subject to Planning Commission Approval of a Comprehensive Plan Map Amendment from single family to multi-family. The Annexation will .include two newly created parcels totaling approximately 18 acres. Ee The applicant has addressed the relevant approval criteria as identified in the staff report. 11 IX RECOMMENDED CONDITIONS OF APPROVAL: Based on the findings in this report, staff recommends approval of this application subject to the following conditions: Annexation Zone Change Comprehensive Plan Map Amendment 1. Provide Planning Staff a copy of survey describing area to b~ annexed and partitioned. Be Conditional Use approval of Manufactured Home Park 1. Comply with staffs comments as submitted by Public Works Department Fire Department Wastewater Department Building Department 2. Provide landscaping around perimeter of developed site as indicated on site plan. 3. Provide fencing and buffering adjacent to single family residential areas. Ce Partition 1. The recorded partition plat must be in substantial conformity with the tentative plan for the proposed partition. 2. Prior to recordation with Marion County: The applicant shall submlt a copy of the survey and partition plat indicating public and Private utilities and easements to the Engineering Department. 3. On site construction shall not commence until improvement plans have been reviewed and approved by the Public Works Department and all right-of-way permits, non-remonstrance consent forms are signed. 4. Final plan shall conform to the construction plan review procedures and standards. .5. Final plan shall conform to the City of W~odburn., standard specifications and all state building codes. ' 6. Comply with comments as submitted by Public Works Department. 12 8B ADDENDUM FAY 12# 3.994 ~INNE~TION 94-01~ ZONE CHANGE 94-03.~ PI~N ~HENT 94-0L~ CONDITION~.L USE 94-01t MINOR PARTITION 94-03 MICK DESANTIS - APPLICANT ANNEXATION, WATER & ANNEXATION SHOULD INCLUDE A PORTION OF PROPERTY NORTH OF THE SITE CONTIGUOUS TO THE CURRENT CITY LIMITS BOUNDARY ADJACENT TO BEN BROWN LANE. THIS WILL BE NECESSARY TO KEEP WITHIN THE CITY LIMITS THE LOOPED WATER MAIN AND THE SEWER MAIN EXTENSIONS TO BEN BROWN LANE. PARR ROAD IMPROVEMENTS: THE SOUTH SIDE OF PARR ROAD IS EXPECTED TO BE DEVELOPED BY THE SCHOOL DISTRICT. DEPENDING ON THE AMOUNT OF pEDESTRIAN, BICYCLE AND VEHICULAR TRAFFIC, THE WIDTH OF THE ROAD WILL BE DETERMINED LATER. THIS APPLICANT MUST PAY THE FAIR SI~RE COST OF PARR ROAD IMPRO~S, HOWEVER, THE DECISION OF THE SIZE OF THE IMPROVEMENT CAN NOT BE MADE AT THIS TINE, THEREFORE A NON-REMONSTRANCE FORM MUST BE SIGNED. THE APPLICANT SHALL SIGN A NON REMONSTRANCE AGREEHENT TO PAY FOR FAIR SHARE COST OF STANDARD ROAD WIDTH OF 34 FEET. ANY l~ TO INPROVE THE ROAD WIDER THAN 34 FEET WILL BE FUNDED FOR BY THE CITY ~TILIZING TRAFFIC IMPACT FEES. THE ROAD IMPROVEMENTS AND TIMING OF THE NEED FOR ANY IMPROVEMENTS TO PARR ROAD WILL BE AT THE OPTION OF THE CITY. ASSESSMENT AND FAIR SHARE COST SHALL BE DECIDED BY THE CITY COUNCIL AFTER A PUBLIC HEARING. DETENTION AND EAS~S FOR S~ORM WATER: BECAUSE THE PROPOSAL WILL CREATE IMPERVIOUS SURFACE AND THEREFORE STORM WATER RU~ OFF, ON SITE DETENTION OR OTHER MEANS OF STORM WATER RETENTION WILL BE NECESSARY. THE MEANS OF STORM WATER DETENTION WI?.?. BE PART OF THE ENGINEERING REVIEW PROCESS THAT TAKES PLACE FOLLOWING pRELIMINARY APPROVAL BY THE PLANNING COMMISSION. THE APPLICANT HAS SET ASIDE A PORTION OF THE DEVELOPMENT FOR OPEN SPACE (PLAY AREA) WHICH CAN ALSO BE UTILIZED FOR STORM WATER DET~NTION. DEPENDING ON THE FINAL DESIGN, THE NUMBER OF LOTS COULD BE ADJUSTED TO MEET THE S~)P/~ WATER RETENTION N~ED~. LOCATION OF STORM WATER PIPES AND EASEHENTS SHALL BE DETERMINED BY THE PUBLIC WORKS DEPARTMENT AT TINE OF ENGINEERING PLaN REVIEW AND. APPROVAL. ' .' ' : 8B¸' BASED ON THE ABOVE COMHENTS, STAFF RECOMMENDS THE FOLLOWING CONDITIONS OF APPROVAL BE ADDED BY THE PLANNING COMMISSION= 1. ADJUST ANNEXATION LINE BOUNDARY. 2. THE'APPLICANT SHALL SIGN A NON-REMONSTRANCE AGREEMENT TO PAY FOR FAIR SHARE COST OF IMPROVEHENTS TO PARR ROAD. ~ 3. ~OMPLY WITH PUBLIC WORKS STAFF REQUIREMENTS FOR STORM WATER DETENTION AND EASEHENTS. .I Parr Acres 8B Parr Acres A Manufactured Home Community Parr Acres will be a community of Manufactured Homes on Parr Road designed to meet those who need affordable housing in a planned setting within the city of Woodburn. Features of Parr Acres · Large lots - 5350 sq. ft. average - 33 % morc than thc city requirement for a lot in a Manufactured Home Park · Double carports · Wide paved streets - 40% wider than required. · Off street parking for 4 cars per unit. · Street lighting · Side walks lining the park streets · Landscaped common area · Large (Sx 18) enclosed storage building for each unit · Secure designated area for storing Recreational Vehicles · Full time on site manager · Review process for landscaping each unit · Tree lined streets · Perimeter fence with an Arborvitae sheild Parr Acres will have strict architectural requirements and specifications to ensure an aesthetically pleasing atmosphere and to protect the investment for all home owners. The park will be constructed in phases with the first phase to start in July 1994. Phase II and III will be initiated when demand for space dictates it. The developerg~:are committed to produce a quality community ~.f long :life that will be sought out by people who value pride of home owhership. ~SB Parr Acres A Manufactured Home Community Section 14.070 B We re.quest acon. ditional use. · As reqmred by the cxty of Woodburn, we ask permission for a conditional rise to construct a Manufactured Home Park which will comply with the purpose and intent of the zone. Section 16.080 A We request a change in the Comprehensive Plan. · There has been a change in the planning and growth policy of the city, county, and state to stop the consumption of fertile farm land outside the urban growth boundaries. The goal is to have higher density housing development. Woodburn's future housing stock for RM is now 18%. State LCDC guidelines state that 35% to 50% is is desirable. · The selected site provides ..the large area needed to put a Manufactured Home community in Woodburn. Section 16.080 B We request a zone change. · At this time there is no space available in Woodburn, for lease, to place a new Manufactured Home in a planned community setting. · Parr Acres is in a prime location adjacent to future school and park~ sites. Parr Road provides a convenient agcess to shopping and commuting for the residents of the park. [lB Parr Acres A Manufactured Home Community Residential Land Development Policies A-I. Parr Acres is residential area that is designed around a neighborhood of existing homes which is near a future school and city park accessing Parr Road. A- 2. This Manufactured Home Park will have features that will follow or exceed state building codes. A - 3. Parr Acres will have a feeling of openness with a landscaped common area and oversize lots with careful placement of thc homes. A - 4. There will be a designated well landscaped entrance with wide looped streets to facilitate orderly traffic flow within the park and with easy access to Parr Road. A - 5. The developers of Parr Acres will provide tree lined streets and a fenced perimeter shielded with Arborvitae. A - 6. Rules and regulations will address non-residential uses from locating in the park. A - 7. see above A - 8. see above A - 9. not applicable A- 10. Parr Acres will provide a buffer zone with a chain link fence and Arborvitae at the rear lot line adjacent to the RS zone. All lots abutting singe family homes will be approximately the same size as required in that zone. A- 11. Parr Acres tenants have direct access to Parr Road. -URBAN GROWTH BOUNDARY AREA - Total Acerage 879.06 Committed Uncommitted % of Total .. Acres Acres Uncommitted SINGLE FAMILY RESIDENTIAL 58.02 475.8 72% MULTI-FAMILY RESIDENTIAL 7.88 93.87 14% COMMERCIAL 19.54 31.29 5% INDUSTRIAL 127.1 39.23 6% PUBUC USE 7.15 22.18 3% · TOTAL 216.69 662.37 100% Marion County OREGON COMMUNITY DEVELOPMENT DEPARTMENT 8B DIRECTOR Craig O. Luedeman BUILDING II~PECTION (503) .~8-5147 fl. ANNING & I~IFORCEMI3~T IOARO OF COMMISSIONERS Randall Franke OI:f~ER Ken Roudybush April 13, 1994 Teresa Engeldinger 270 Montogomery Steet Woodburn, OR 97071 Dear Teresa: Thank you for the opportunity to review the 'proposed Annexation, Zone Change, etc. Case ~94-01. Annexations are generally City matters over which the County has no Jurisdiction. Please inform our office once the annex- ation is complete so that we can make the appropriate changes to our maps. In this case, we support the change to a higher resi- dential zone and plan designation. This is in keeping with the identified need for additional multi-family. lands in Woodburn. It is also consistent with the purpose of the Marion County Comprehensive Plan' to concentrate the majority of population growth within Urban Growth Boundaries aturban densities. If you have any questions please give me a call at 588-5038. Sin. cere. ly., ~~ Sterling Anderson Senior Planner G:WOOD.L Senator Building 220 High Street NE Salem, Oregon 97301-3670 SITE PLAN REVIEW MOBILE HOME PARK -- -- MICK DeSANTIS GENERAL CONDITIONS: 1. Final plan shall conform to the construction plan review procedures and standards. Mobile shall with Chapter 8B All wo~< shall conform with the City of Woodburn's standard specifications and alii state building codes. Se Applicant is responsible for obtaining permits or approvals from other agencies, either state or federal, not the city. Existing on-site water wells or sewage disposal systems shall be abandoned to state regulations. Landscape and signing shall conform to the vision clearance area, Section 8.190 of the Woodburn Zoning Ordinance. On-site utility easements will be required for franchised utilities. This development shall not block any natural drainage from surrounding properties or areas flowing across this development. .STREET: 1. Improve Parr Road adjacent to this development,'includes widening curb, sidewalk and storm sewer to city standards. 2. Interior park streets shall comply With Oregon Administrative Rules, Chapter 918, Division 600. ® Driveway approach onto Parr Road shall be concrete and shall comply to the City of Woodburn commercial standards. 1; A natural drainage pattern exists through this parcel, hence applicant shall: a. Provide storm runoff study for existing flow and improved flow, capacity of system to be used. b. Provide Collection system for surrounding natural drainage. '- Ce On-site detention will be required if the existing storm sewer on Elana is to be used; amount to be determined upon study results. de The existing tile line discharging natural drainage will need to be relocated; this relocated line will be a public system, not private, and shall be a part of the storm runoff study. Attachment A Provide storm sewer along Parr Road to existing storm sewer on Elana; provide 16-foot drainage easement on private property, see Attachment On-site storm sewer collection system does not appear adequate; recommend this be addressed prior to final design. Alternative storm sewer discharge areas: a. Tributary to Mill Creek at Ogle Street. Form Local Improvement District, install large diameter main along Parr to Ogle, along Ogle to tributary.. Pay fair share cost. be Install storm sewer to drainage way on north side of Ben Brown Lane or drainage way crossing Settlemier. WATER: '~ -' 1. Water mains for domestic and fire protection shall be looped and the minimum sizes as shown on Attachment 'B'. Water meter shall be provided for each lot, size determined by applicant~'. Meters will be placed within utility easement conveyed to the City of Woodburn. It will also address access rights to read meters. ® Location of fire hydrants and fire protection shall be as per the Woodburn Fire District's condition of approval. :* Provide 16-foot wide water main easement for mains within the mobile home park and that portion which loops to Ben Brown Lane. 5. Backflow devices may be required, depending on water usage. SANITARY SEWER: 1. Eight-lnch (8") dia. sanitary main within Ben Brown Lane shall be extended westerly, to serve thls development. This will be a public system maintained by the city, easement will be required. e The sanitary service to serve the park and the Interior mains shall be private, and shall comply with the Uniform Plumbing Code. Easement will 'be required for that portion outslde of appllcant's property. Maintain 10' separation distance between city maintained water main and the sanitary sewer. 8B OESANTZ$.NOG ee · eg ~lllllllllll lllllJlllllllllllllllll! m IIIIIIIIIIIIIIIIIIIIIli~ W00 rn MEMO TO: Teresa Engeldinger, Planner City of Woodburn FROM: Bob Benck, l~tre Marshal · Woodburn Fire District RE: DeSantis Mobile Home Park DATE: April 6, 1994 Site Plan Review Comments WOODBURN FIRE DISTRICT A. ACCESS: Minimum access width for emergency purposes is 20 feet with no on street parkinp~ If these roads are the minimum width then who is going to guarantee that there will be no on street parking ? B. FIRE FLOW: 1000 gpm for residential purposes C. HYDRANTS: Maximum hydrant M~aeing is 500 feet. D. SPRINKLER / FDC: Not required E. ALARM SYSTEM: Not required F. PREMISE IDENTIFICATION: Address to be located and visible from street Private roads are to be named and address given to each unit. Names and addressing to be approved by emergency service providers and emergency communication center. O. CONDITIONS FOR CONSTRUCTION: Water supply system to be ia place operational and acceptable to the city prior to the placement of combustible structure& . . H. BUILDING PLANS: Not applicable '1776 Newberg Highway Woodburn, Oregon 97071 Attachment B ~UI:ILllVI..%IONI ~1-1 REQUEST DATE: CONTACT PERSON: Teresa Engeldinger; Planning Dept, APPLICANT: DEPARTMENT: 982-5246 PROJECT LOCATION: ~$.~ ~,'v,/, CONFERENCE PLACE: Conference Room Woodburn City Hall "DATE: ,1993 TIME: Signature - Owner/Agent' DEPARTMENT COMMENTS THE FOLLOWING IS REQUIRED AFTER PRE-APPUCATION CONFERENCE: 1) Eight (8) copies of Final Plan must be brought into Public Wor.ks 2) "As Builts" must be provided prior to issuance of the building 15ermit SPRPRE. FH1 Attachment C 8C MEMO TO: FROM: SUBJECT: DATE: City Administrator for Council Action Randy Scott, CE Tech III, through Public Works Director Country Club Road Right-of-Way Vacation (in conjunction with the Country Club/Oregon Way Realignment) ~ June 10, 1994 RECOMMENDATION: After public hearing, council proceed by motion, to instruct staff to prepare an ordinance vacating the public right-of-way as shown on Attachment "A" and described on Attachment "B", subject to the following conditions: 1. That a utility easement be retained over a portion of the right-of-way to be vacated as shown on Attachment "C" and described on Attachment "D". 2. That a replacement right-of-way be deeded to the City of Woodburn as shown on Attachment "E" and described on Attachment "F". BACKGROUND: Location: The proposed public right-of-way to be vacated is located at the intersection of Rainier Road and Country Club Road and extending south to a point 20 feet north of Oregon State Highway 214, as shown on Attachment "A". A description of the area to be vacated is provided on Attachment "B". Be Current Land Use and Zoning: The property surrounding the area to be vacated is zoned CG Commercial General. The existing land use and zoning will not change by vacating the proposed right-of-way. However, by rededicating the rePlacement right-of-way, a small portion will border Single Family Residential rather than the existing Commercial General. Ce Current use of right-of-way proposed for vacation: The right-of-way proposed for vacation is improved with a paved surface, curbs and city maintained infrastruc- ture. A utility easement will be retained for the existing city maintained infrastructure, the existing paved surface will be abandoned. Transportation needs: By vacating this portion of the public right-of-way and deeding to the city the replacement right-of-way aligning ~uith Oregon Way, transportation needs of the public will be improved, eliminating one traffic signal and providing better traffic flow. 8C PROCEDURE: A. ORS 271.130 provides for a governing body to vacate a public right-of-way on its own motion. The Woodburn City Council initiated the process by motion on May 9, 199z[, and set the public hearing date by Resolution 1233. The hearing date was set for June 13, 1994. The governing body may not vacate the right-of-way if the owners of the majority of the affected area, as computed in ORS 271.080, object in writing. As of thi~ date, no property owner within the affected area has submitted an objection. Attachment "G" shows the affected area. C. Notice of the public hearing has been given as provided in ORS 271.110. ORS 274.160 provides for the governing body to make the vacation conditional or to take effect only upon the consummation of .rededication. Condition No. 2 within the recommendation requires that the replacement right-of-w, ay be deeded to the city. ORS 271.160 requires the proposed manner of rededication to be included. This is shown as Attachment "E" and described on Attachment "F". F. The vacation meets all other state and local guidelines concerning street vacation. CONCLUSIONS: 1. With the rededication of the replacement right-of-way and improvements to city standards, there are no transportation needs for the property proposed to be vacated. 2. The proposed vacation of the public right-of-way and the rededicatio, n of the replacement right-of-way will improve public transportation needs. 3. As of this date, objections sufficient to stop the process have not been filed by property owners within the affected area. ATTACHMENTS: "A" - Location map of area to be vacated "B" - Description of area to be vacated "C" - Location map of utility easement "D" - Description of utility easement "E" - Location map of area to be deeded to the city "F" - Description of area to be deeded to the city "G" - Map showing the affected area CCRTVAC.CC 8C ATTACHMENT 'A" _SUBJECT AREA- VICINITY MAP ED · R,~I#/£R - / ! / STATE HIGHWAY 214. ATTACHMENT "B' 8c 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 comer of said Lot 1, Block 55; thence north 00°12'21 ' West along the west line of sald Lot 1, 96;97 feet to the northwest corner of sald Lot 1; thence south 88°45'37- East along the north llne of said Lot 1 35.83 feet; thence north 5028'07' West leaving the north line of said Lot 1, 48.41 feet; thence north 88'45'37' West 58.61 feet to a polnt 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 88°48'20- East 60.01 feet to the place of beginning and containing 8,136 square feet of land. ~ o ~ N,~. ' A'I-rACHMENT "C" ~ o.~~ ____'_~. 8c, /.--,:,, UTILITY ~-- _ SEMENT -- · "'"~ BLOCK 55 "~' ~oo~~ s~/o~ · / ~ __~ % (GOY % -- s **..m'~o"~.oT--:--~ SW C°r. Lot I Block 55 Z~= SE* 05' 09~ t7 = $0.00' L = 49. FF' J 5G.$F" 88' 4F'l 48' 2¢ AI-FACHMENT "D" 8c Beginning at a point on the north line of Oregon State Highway 214, said point being south 88'47'13" East, 56.37 feet from the southwest comer of Lot 1, Block 55 of Woodbum Senior Estates No. 6 in Section 12, Township 5 South, Range 2 We'st of the Willamette Meridian, Marion County, Oregon; thence northeasterly, leaving said north line, 49.77 feet along the arc of a 30.00 foot radius curve to the left, through a central angle of 95'03'09" (the chord of which bears north 43'41'13" East, ~.*..26 feet); thence south'.43'41'13" West, 44.26 feet to the place of beginning. _SUBJECT AREA VICINri'? MAP ATTACHMENT "~" 8c REPLACEMENT RIGHT-OF-WAY TO BE REDEDICATED RA/N/ER ~ OA.D HIGHW~ Y 21~I ATTACHMENT 8C Beginning at a point on the North line of Oregon State Highway 214, said point being south 88'47'13" East, 56.37 feet from the Southwest comer of Lot 1, Block 55 of Woodburn Senlor Estates No. 6 in Section 12, Township.5 South, Range 2 West of the Willarflette Meridian, Marion County, Oregon; thence northeasterly, leaving said north line, 49.77 feet along the arc of a 30.00 foot radius curve to the left, through a central angle of 95'03'09" (the chord of which beare north 43°41'13- East, 44.26 feet}; thence north 03'50'22" West, 15.33 feet; thence northwesterly 56.97 feet along the arc of a 70.00 foot radius curve to the left through a central angle of 46'37'45" (the chord of which beam north 27'09'14" West 55.Ztl feet}; thence north 50'28'07' West to the north:line of said. Lot 1, Block 55, 32.69 feet; thence south 88°47'37- East along the said nqrth line of Lot 1 114.20 feet to the northeast comer of Lot 1; thence south 00.03'10" East along the east line of said Lot 1, 116.91 feet to a point on the north line of Oregon State Highway 214; thence north 88'47'23" West 93.44 feet to the place of beginning and containing 8,787 square feet of land. ATTACHMENT "G" AF. FECTED** · 8C STATE" 3200 10A RESOLUTION NO. A RESOLUTION CERTIFYING THE ELIGIBILITY OF THE CITY OF WOODBURN TO RECEIVE STATE-SHARED REVENUES DURING FISCAL YEAR 1994-95. WHEREAS, Oregon Revised Statutes 221.760 provides that the officer responsible for disbursing funds to cities under ORS 323.455, 366.785 to 366.820, and 471.805 shall, in the case of a city locate~ within a county having more than 100,000 habitants according to the most recent federal decennial census, disburse such funds only if the city provides four or more of the following services: (1) Police protection, (2) Fire protection, (3) Street construction, maintenance, and lighting, (4) Sanitary sewer, (5) Storm sewers, (6) Planning, zoning, and subdivision control, and (7) One or more utility services, and WHEREAS, City officials recognize the desirability of assisting the state officer responsible for determining the eligibility of cities to receive such funds in accordance with ORS 221.760, now, therefore, THE CITY OF WOODBURNRESOLVES AS FOLLOWS= Section 1. That the city of Woodburn hereby certifies that it provides the following four or more municipal services enumerated in ORS 221.760: (1) (2) (3) (4) (5) (6) Approved-as to Police Protection; Street Construction, Maintenance, and Lighting; Sanitary Sewers; Storm Sewers; Planning, Zoning, and Subdivision Control; and One Utility Service. City Attorney Date APPROVED Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. LEN KELLEY, MAYOR lOB CO0 C','L SILL NO. RESOLUTION NO. A RESOLUTION DECLarING THE CITY ·S ELECTION TO RECEIVE STATE REVENUES DURTNG FISCAL YF~R 1994-95. WHEREAS, Oregon Revised Statutes 221.770 requires the City to provide documentation to the State of Oregon advising them of their intention to participate in the State Revenue Sharing program, now, therefore, THE CITY OF WOODBURNRESOLVES AS FOLLOWS~ Section 1. Pursuant to ORS 221.770, the City hereby elects to receive state revenues for fiscal year 1994-95. 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, Recorder City of Woodburn, Oregon Page 1 - Council Bill No. Resolution No. 10C MEHO TO: THROUGH: FROH D~TE ~UB~ECT: Mayor and city Council City Administrator Childs Mary Tennant June'8, 1994 Federal OSHA Hepatitis B Immunizations RECOMMENDATION~ Council approve the Council Bill which authorizes the continuation of an agreement with Marion County Health Department for providing immunization services to city employees during fiscal year 1994-95. BACKGROUND~ In 1992, OSHA regulations required employers to provide Hepatitis B ~munizations to all employees who are exposed to blood or other potentially infectious materials as part'of their job duties. We have contracted with the County since 1992 to provide this immunization service to the City. The cost will remain the same as last year ($160 per employee) with a provision that, depending upon the cost of the vaccine to the County, our cost may increase or decrease during the term of the agreement. 10C COUNCIL ~ILL NO. ,/._--~-~--/ RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MARION COUNTY FOR HEPATITIS B IMMUNIZATIONS. WHEREAS, employers are required to provide immunizations for Hepatitis B to ~ all employees exposed to potentially infectious materials as part of their duties; and ~ WHEREAS, the Marion County Health Department has offered to provide immunizations services and follow-up at a reasonable cost to the City; NOW THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the Mayor is authorized to sign an agreement With Marion County for the purpose of providing Hepatitis B immunizations, a copy of which is attached hereto, and by this reference, incorporated herein. Approved as to ,orm:~ .~1~//'~~~ ~" ~" '~'~ City Attorney Date APPROVED: LEN KELLEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page I - COUNCIL BILL NO. RESOLUTION NO. MARION COUNTY HEALTH DEPARTMENT SPECIAL SERVICES AGREEMENT lOC This agreement is between Marion County, hereinafter called COUNTY and CITY OF WOODBURN, for the period of July 1, 1994 throuoh June 30.1995. Both parties agree that there is no obligation to continue funding beyond the agreement period. CITY OF WOODBURN agrees to pay Marion County Health Deoartment for IMMUNIZATIONS AND POST VACCINE ANTIBODY TESTING at the rate of $160 per employee. However, if the cost of vaccine to Marion County Health Department increases or decreases during the period of this agreement, the per employee charge to the CITY OF WOODBURN may be increased to reflect this change in cost. (See Part II for details.) \ CITY OF WOODBURN agrees to indemnify, defend, and hold harmless Marion County, its officers, agents and employees against all claims, suits, and demands of every kind and description arising out of or in consequence of the action of CITY OF WOODBURN, the officers, agents and employees in the performance or conduct of this agreement. Ukewise, Marion County agrees to indemnify, defend and hold harmless CITY OF WOODBURN, its · officers, agents and employees against all claims, suits and demands of every kind and description arising out of the consequences of the acts or actions or omissions of Marion Courtty, its officers, agents and employees in the performance or conduct of this agreement. The COUNTY, pursuant to applicable provisions of ORS 30.260 to 30.000, maintains · self- insurance program which provides property damage and personal injury coverage. The County and City of Woodburn agrees to comply with the Civil Rights Act of 1964 and 1991, and Section 504 of the Rehabilitation Act of 1973 as implemented by 45 CFR 84.4 which states in part, 'No qualified person shall on the basis of handicap be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which received or benefits from federal financial assistance," and Americans with Disabilities Act of 1990. This contract may be terminated with or without cause with 30 day's notice by either party. CONTRACTOR MARION COUNTY HEALTH DEPARTMENT Signature : Date Title Agency Address Tax I.D.// Ad ministrator Date Program Supervisor Date Program Number Fund Verification Senior Office Manager APPROVED AS TO FORM Date Contract Coordinator 10C CONTRACT FOR SERVICES Part II The CONTRACTOR for the sum specified below agrees to perform the following types(s) and quantity of services according to the performance standards listed below. Description of services provided and location performed. Hepatitis B immunization series (3 immunizations) Hepatitis #1: initial immunization Hepatitis #2: I month after #1 Hepatitis #3: 3-5 months after #2 Post vaccine antibody testing 1-3 months after Hepatitis #3. 2. Contractors qualifications/experience. Funding source and rate. * Payable at initiation of series. The fee for the vaccine series and post antibody testing is subject to change if Marion County Health Department incurs additional expenses for vaccines, lab, handling and/or process charges. Contract amount: The sum of $160 per employee. However, if the cost of vaccine to Marion County Health Department increases or decreases during the period of this agreement, the per employee charge to the CITY OF WOODBURN may be increased to reflect this change in cost. 1OD NF~O TO: THROUGH FROM DATE SUBJECT Mayor and City Council City Administrator Childs Mary Tennant June 9, 1994 Insurance Agent of Record Agreement Att he May 23, 1994 Council meeting, a motion was passed to appoint Huggins Insurance Agency as the City's Agent of Record. The attached Council Bill authorizes a contractual services agreement withHuggins Insurance for a three year period beginning July 1, 1994. The proposal from Huggins Insurance, along with Exhibit A of the agreement, outline the scope of service to be provided to the City during the term of the agreement. The agreement provides for an annual fee of $8,000. '10i,) REBOV.U~ZON NO. · , REBOLUT'rON ENTERING INTO ~ CONTI~CTU~ SERVICES ~.GREEMENT ~ DESIGNATING R~GGINS ZNBUI~,NCE ~GENCY AB 'rNSURANCE ~GENT OF RECORD. NHEREASt the City is required to appoint an insurance agent of record every three years, and WHEREAS, proposals were requested from interested firms who are capable of providing this service, and WHEREAS, following an evaluation of the proposals and interviews with selected agents, it has been determined that Huggins Insurance Agency would provide the City with a acceptable level of service, now, therefore, ' THE CITY OF WOODBURNREBOLVES A~ FOLLOWS= Section 1. That the City of Woodburn enter into an agreement wtth Huggins Insurance Agencyretainingthat firm as the City's Insurance Agent of Record. Section 2. That the terms and conditions of said agreement are hereby adopted. The entire agreement being appended to this resolution and, by reference, incorporated therein. Section 3. That the Mayor is authorized to execute and the City Administrator, or his designee, to administer said agreement on behalf of the City. _~ ~ City'Attorney Date APPROVED Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder LEN KELLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page i - COUNCIL BILL NO. RESOLUTION NO. CONTRACTUAL SERVICES AGREEMENT THIS AGREEMENT, entered into this day of , 1994, by and between the City of Woodburn, hereinafter referred to as #Client", and Huggins Insurance Agency, hereinafter, referred to as #Agent". WHEREAS, the Client intends to engage and does hereby engage Agent to serve as Client's Insurance Agent of Record. ~ NOW THEREFORE, for the consideration hereinafter set forth, it is agreed by and between the parties as follows: The Agent shall provide professional services to the Client as follows: (A) (B) (c) (D) insurance, with the exception of Employee ~.ne_=l~s.,,ln_cl sga! but not limited to, services as outlined in Agent s Propo i to Client, dated May 3, 1994. Work to be performed by Agent of Record includes services generally performed byAgent of Record intheir usual line of business. The parties of this agreement intendthatthe relation between them is that of employer - independent contractor. No agent, employee, or servant of Agent of Record shall be or shall be deemed to be the employee, agent or servant of the Client. Agent of Record shall defend, %ndemnify and hold harmless Client and its agents or assigns, from an~ against all liability or loss and against all claims or actions based upon or arising out of damage or injury t? persons or property caused by or sustained in connection with the performance of this contract by Agent of Record. (E) Agent of Record shall maintain in effect a comprehensive general liability (inclu~ing professional liab%1ity) policy with an Errors and Omissions policy with a minl~u~, limit of $1,000,000 per occurrence. Said polic~.shall notice of cancellation clause to the Client. A cer=l~ca=e insurance evidencing all insurance required by this agre ent shall be delivered to the Client prior to commencement of any services. (F) Agent of Record shall provide evidence of workers' compensation insurance, or by signing this agreement, represents that Agent is a sole proprietor, a~d therefore exempt fromthe laws requiring workers' compens&tlon coverage. Agent of R~cord shall, al~o defend, inde.mnify and hold harmless Client against all llablli~y a~d loss in connection with and shall assume full responslbill~y ~or, ~ayment of federal, state, and local taxes or contributions lmp~ed, or required IOD' IN WITNESS WHEREOF, the parties hereto have made and executed this agreement the day a~d year first above written. AGENT: Huggins Insurance Agency Chuck HUggine-- ' -/ Account Executive Date CLIENT: city of Woodburn Len Kelley Mayor Date "EXHIBIT A' CTTY OF WOODBURN ~NSURA~CE ~GENT OF RECORD &gent of Record 1. Obtain and currently maintain an insurance program that will assure both maximum risk coverage and cost effectiveness to the City, and recommend insurance coverages for unique risks that may arise. 2. Maintain insurable values on buildings and insured equipment at replacement values to %nclude new construction_and ~ake statement available to the administration by August 31 o= each year. 3. Prepare specifications for entire insurance progremand present to Administration for approval. When specifications are approved, the Agent of Record will secure competitive proposals from insurance carriers for all coverages for which the Agent of Reco~d is given responsibility. Award contracts in compliance with City of Woodburnpurchasing rules. 4. Be available to the Administration for advice and consultation on insurance matters, and to assist the administration in its risk management and safety programs. 5. Maintain an adequate claims record to show number and type of claims, dollar amount of paid claims, and total dollar amount of reserves on open claims by policy type. These records should be available to the City upon request and the annual totals should be included in the annual report tothe City. Review all loss control recommendations made by governmental agencies or insurance carriers, work with City to facilitate compliance, and, when appropriate, suggest alternative means of compliance. 6. Notify the City of all expirations of insurance contracts at least 60 days prior to the expiration date, and assist the City in the · processing of claims. 7. For annual budgeting purpose, supply the City with estimated premiums that will be required for the next fiscal year. This would require a study to project new total property values including any completed construction or contemplated acquisitions. This is due during the month of December of each year. 8. Prepare an annual report for delivery to Administration. This report includes any pertinent information relative to new or changed coverages, companies, amounts or premium, term of policies and deductibles. New rulings by the Insurance Service Office or the Insurance Commissioners may also be included. 9. Comply with all applicable Equal Employment Opportunity laws and regulations and not discriminate with regard to race, color, creed, sex or national origin. I OD under unemployment insurance social security, and income tax laws, with respect to Agent of Record's employees engaged in the performance of this agreement. be charged against federal funds, Agent o£ Kecora cer~z that the agency is not current.ly, employ, ed by .thee. f_ed_eraa~l government and the amount chargea aces not excee~ ~ne norm x charge for the type of services provided. The Client agrees: . . (A) To assist Agent by placing at his or her disposal ava%lab1. written data pertinent to th? ~rq~sed project or servl~e. (B) To guarantee access to the Client s proper=y ana ~ecor~s as required by the Agent to perform his or her services under this agreement. mo -iv. prompt notice to Agent whenever the Client observes o~ (C) ~h~rwi~ b~comes aware of any deficiency in the propose~ project or services. '. III. The Agent and Client agree: (A) In the event a suit or action is instituted byeither party to procure any remedy for breach h~r~pf, it %~.unders~ood~ agreed by the parties hereto tha~ ~ne pr~a~llng par~y sn__ be'awarded such sum as the _cour~ ma~. a~]ugg~~ rea~onaD£e attorney's fees in such suit or action, including zees on appeal. (B) The additional provisions as set forth in "Exhibit A" as attached hereto are made a part of this agreement. (C) Either party may.cancel this agreement by giving ninety (90) da~s written not%ce. (D) This agreement w~ll expire on June 30, 1997. IV. The Client agrees to compensate the Agent in the following manner: As c~nsideration for services, Client agrees to p~y an annual fee of $8,000 by August 15th of each year fo~ brokerage services provided by this ~greement. Agent agrees, sub]eot ~o . all relevant market conditions, to use its best efforts to obtain ~nsurance coverage for Client on the basis of a net premium without commissions payable to Huggins Insurance Agency. In the event Huggins Insurance Agency is required, by agreements with insurers or otherwise, to receive commissions on any such coverage obtained, Huggins Insurance Agency agrees, if and to the extent permitted by the law applicable to such insurance transactions, to credit all such commissions received against, and as a credit to the fees described above. IOE N~MO TO~ THROUGH~ FROH D~TE Mayor and City Council City Administrator Childs Mary Tennant Ju~e 9, 1994 Workers' Compensation Coverage - Volunteers At the May 23, 1994 Council meeting, the Council passed a motion to extend liability and workers' compensation coverage for various activities relating to the July 4th celebration. New regulations require workers' compensation coverage on all volunteers who set-up and/or display fireworks at the event. In order to cover these volunteers, the Council, by resolution, must include volunteersunderthe City's existing workers' compensation coverage. Please note that the attached Council Bill will only extend workers' compensation coverage to those volunteers who set- up and display fireworks. The estimated cost for this coverage is between $50 and $75, however, funds raised by the 4th of July Committee will be used to offset this additional premium. IOE RESOLUT'rON NO. ~ REBOLUT'rON AUTHORIV-IN~ THE INCLUSION OF CERT~N CL,~BB OF VOLUNTEER WOI~3CERB UNDER THE CZTY;B WORKERB~ COHPENBATZON INBUI~.NCE COVE10.GE. WHEREAS, the City of Woodburn annually sponsors fireworks as ~ part of the 4th of July celebration, and WHEREAS, the City wishes to protect its volunteers who set-up and display the fireworks from injuries arising out of or in the scope of their service to the City, now, therefore, THE CITY OF NOODBURNRESOLVEB A~ FOLLOWB~ Beation 1. That the City of Woodburn elects, pursuant to ORS 656.031/656.041, to provide workers' compensation insurance coverage to volunteers who set-up and display fireworks in conjunction with the July 4th activities at an assumed wage of $800.00 per month. City Attorney APPROVED LENKE?,?.EY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page i - COUNCIL BILL NO. RESOLUTION NO. 1OF MEMO TO: Mayor and City Council FROM: Chris Childs, City Administrator City Attorney Contract Renewal June 9, 1994 SUBJ.: DATE: RECOMMENDATION: Approve accompanying Resolution Authorizing Contractual Services Agreement with N. Robert Shields as City Attorney. BACKGROUND: This is e one-year renewal of the existing agreement with Mr. Shields. All terms and conditions are unchanqed from the orevious aoreement. Mr. Shields continues to do a good job for the City of Woodburn, particularly considering the continuous changes occurring in both statutory and case law and the variety of municipal law issues that the city faces as a result of a growing and changing community. 'iOF MEMO TO: FROM: SUBJECT: DATE: MAYOR AND CITY COUNCIL N. ROBERT SHIELDS, CITY ATTORNEY CONSIDERATION OF COUNCIL BILL DESIGNATING CITY ATTORNEY JUNE 9, 1994 The purpose of this memo is to formally declare a conflict of interest in regard to you consideration of Council Bill No.15S~ which would continue my contract as Woodburn City Attorney since I have a financial interest in this matter. The rules of ethics also require that I advise you that I cannot give you legal advice in this context and that you should seek other competent counsel if you have need for legal advise pertaining to this situation. COUNCIL BILL NO. 1554 RESOLUTION NO. A RESOLUTION AUTHORIZING A CONTRACTUAL SERVICES AGREEMENT WITH N. ROBERT SHIELDS AS CITY ATTORNEY AND REPEALING RESOLUTION 1183. WHEREAS, Chapter III, Section 10 of the City Charter provides for the Council appointment of a City Attorney as an officer of the City, and WHEREAS, the interest of the City is best served by contractual appointment of City Attorney services for an extended term; and ~ WHEREAS, N. Robert Shields has held the position Woodburn City Attorney as a regular employee and currently serves by contractual appointment per Resolution 1183; and WHEREAS, N. Robert Shields is imminently qualified and familiar with the city's operations and pending litigation to provide this continuation of City Attorney services in the most effective manner; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the Mayor and City Administrator are authorized to execute a professional services agreement for City Attorney, a copy of which is attached hereto for reference. Section 2. That N. Robert Shields be reaffirmed in his appointment as City Attorney with all powers and duties prescribed in Section 24 of the City Charter and any other requirements prescribed by laws of the State of Oregon. Section 3. That Resolution 1183 be repealed. APPROVED: LEN KELLEY, MAYOR Passed by Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page I - COUNCIL BILL NO. 1554 RESOLUTION NO. 1OF 1OF AGREEMENT I. PARTIES This agreement made and entered into between the CITY OF WooDBURN, a municipal corporation of the State of Oregon, hereinafter "CITY" and N. ROBERT SHIELDS, an attorney licensed to practice law in the State of Oregon, hereinafter "CONTRACTOR". II. TERM The Agreement shall commence on July 1, 1994 and shall continue in full force and effect until June 30, 1995. This Agreement may then be renewed by mutual agreement of the parties for one-year periods. III. PROFESSIONAL SERVICES TO BE PERFORMED CONTRACTOR shall act as City Attorney and shall assume all powers and duties of this position under CITY'S Charter. IV. COMPENSATION CONTRACTOR shall receive compensation for providing legal services at a rate of forty-five dollars ($45.00) per billable hour. The amount of legal services provided shall not exceed twenty-six (26) billable hours per week without additional authorization by CITY. This does not include any legal services provided as CITY'S "forfeiture counsel" pursuant to 1989 Oregon Laws, Chapter 791. CONTRACTOR shall within ten (10) days following the close of the month for which payment is sought, submit to CITY a written statement accounting for legal services rendered and detailing the number of hours worked in one-quarter hour increments. V. OVERHEAD CITY will provide all necessary secretarial support and related overhead expenses to enable CONTRACTOR to render legal services to CITY. While on CITY'S premises, CITY shall provide a telephOne and office space to CONTRACTOR. VI. COSTS AND DISBURSEMENTS CITY and CONTRACTOR agree that the compensation under this agreement is for legal services provided. Any filing fees, costs, or expenses of litigation shall be paid by CITY. VII. TERMINATION CITY retains the right to discharge CONTRACTOR if in the opinion of the City Council the manner of his performance falls below what would reasonably be expected of a licensed attorney. CITY also retains the right to discharge CONTRACTOR if sufficient funds are not available to pay CONTRACT.OR and this non- appropriation of funds did not result from any act or failure to act or~ the part CITY. Page I - Agreement 1OF VIII. INDEPENDENT CONTRACTOR The parties intend that independent contractor-employer relationship be created by this contract. CITY is interested only in the results to be achieved and the control of the work lies solely with CONTRACTOR. CONTRACTOR is not entitled to any benefits which CITY provides to its employees. IX. ASSIGNMENT The rights and duties of the parties hereunder are personal end shall not be assignable by either party without the express written consent of the other party. X. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the parties and supersedes all prior agreements between the parties concerning the services provided herein. This agreement may be modified only by a written instrument duly executed by each of the parties. Xl. ESCAPE NOTICES Any notice, request, demand or other communication hereunder 'shall be in writing and shall be deemed to have been properly given when delivered personally or sent by mail with ell postage to the parties hereto at the respective address below: Chris Childs City Administrator 270 Montgomery Street Woodburn, Oregon 97071 N. Robert Shields Attorney at Law 8101 S.W. Nyberg Rd., No. 212 Tualatin, Oregon 97062 IN WITNESS WHEREOF, the parties have executed this agreement in duplicate, on the . day of June, 1994. CONTRACTOR CITY OF WOODBURN N. Robert Shields Chris Childs City Administrator Len Kelley, Mayor Page 2 - Agreement lOG MEMORANDUM: TO: THRU: FROM: Woodbum Mayor and City Council .-.Chris Childs, City Administrator ' Nevin Holly, Director Recreation and Parks SUBJECT: Proposed Communications Site Lease Between the City of Woodbum and One COMM DATE: June 9, 1994 Please find attached a proposed s'~e lease agreement between CENCALL Incorporation and the City of Woodbum in which One Corem Corporation, a division of CENCALL will lease a 45 fdet by 45 foot section of ground located at the Parks Maintenance Shop area (formerly the old sewer treatment plant). The lease allows One Comm to construct, within the confines of a 45 foot square area, a 150 foot reception tower and a 12 foot by 16 foot sen, ice building. Renumeratiqn to the City of Woodbum for the proposed lease is $500 per month ($6,000 yearly). The lease is for five years. One Comm reserves the right to renew this lease five times. Therefore, if the lease is approved, the City is agreeing to a successive lease term total of 30 years. The lease allows for an automatic 15% increase at the conclusion of each renewable five year lease period. If the lease is approved I recommend the $6,000 yearly revenue be budgeted in the Woodburn Recreation and Parks annual operating budget. I have talked with Mr. John Ricci, Real Estate Project Director for One Comm at length regarding this lease. I have also conferred with the City Administrator and City Attorney for input on this matter. Attached is a memorandum from City Attorney Shields to me addressing specif',= concerns with the lease as proposed. One Comm in response has agreed to changes in the lease to City Attorney Shields' Memo recommendations 1,2,3 and 5. Recommendation 4, that One Comm not have a 30 day lease termination clause was not acceptable to CENCALL Incorporation. Therefore, the lease as.presented does give One Comm corporation the right to terminate this lease upon 30 day notice for reasons.described in Clause 12. If the lease was terminated by One Comm upon 30 day notice, One Comm is required to dismantle and remove the tower and building and restore the site to its prior condition. Approval and acceptance of this lease by City Coundl is contingent upon the applicants ability to obtain conditional use approval from the Planning Commission for the placement of the proposed tower and spedfic allowable land usage. ATTACHMENT #1 ATTACHMENT City Attomey Robert Shields' Memo One Comm Response Letter lOG MEMO TO: FROM: DATE: FIE: NEVIN HOLLY. RECREATION AND PARK DIRE(~TOR JUNE 7, 1994 PROPOSED CHANGES TO COMMUNICATIONS SITE LEASE WITH CENCALL, INC. At your request, I have reviewed the above-mentioned lease. I will discuss with you the implications of various sections of the agreement. I recommend that the city make minor changes to the lease as noted on the attachment. An explanation of the proposed modifications is as follows: RECOMMENDATION NO..1. In its present form, the lease Is not reedy for execution by the City Council. Thls is merely the standard lease form used by CenCali. You should obtain from CenCell a document that is si:)e¢lflc to Woodburn and.ready (with my modifications) for Council execution RECOMMENDATION NO., 2. In obtaining the final form of the lease, the rent due to the city should be clearly specified. Although the cover/e~ter from S.ite Development Services mentions $6,OO0.00 peryear with a 1596 earn,et Inoreasevthis is not currently specified In the lease. AECOMMENDA~ON NO. 3. Section 8 was modified to provide that : CenCall can terminate on 30 days notice only if the city has allowed construction or operation of an interfering facility on city mr. oDertv. It Is unreasonable for the city to allow early termination by CenCall based on conatru~ion of interfering facilities which ere entirely outside the city's control. I~E¢OMMENDATION NO, 4. Section 12 was modified to eliminate the right of CenCall to unilaterally determine, at any time, that they will terminate the lease upon 30 days notice 'for technological reasons.' The rationale for this change Is the same as for Recommendation NO. 3 above. CenCall should technologically evaluate the site in advance and make a firm commitment to pay the city for specified period. lOG June 8,1994 Mr. Nevin Holly Director Parks & Recreation/City of Woodbum 491 N. 3rd Street Woodbum, Oregon 97071 Subject: Proposed Communications Site Lease Agreement Dear Mr. Holly: Pursuant to your request, the following is a revised Communications Site Lease Agreement. amended to address several changes as outlined in the Memorandum dated June 7, from N. Robert Shields, City Attorney. With the exception of Recommendation Number 4. as stated, you will find that we have amended the document to reflect those alterations. In response to Paragraph 12. Termination by CenCall. (b), CenCall has requested that the language remain as is stated. CenCall's goal is to create a network of communication facilities throughout the State of Oregon. In order to accomplish this task, it is necessary for CenCall to invest a large amount of capital to establish such a system. Therefore, taking in mind that each site will require a large investment, it is rather unlikely that CenCall would build such a facility and terminate the agreement without having specific technological reasons. CenCall needs the fiexibility to readjust their engineering design without jeopardizing their entire network. Additionally, please note that the attached agreement is for review purposes only. Upon your review, a final version will be forwarded to CenCall legal counsel for approval and returned to the appropriate parties for execution. If you have any questions or need additional information, please contact me, (503) 329-7327. Sincerely, John F. Ricci Real Estate Project Director cc: file 'lOG Memo to Nevin Holly June 7, 1994 Page 2 RECOMMENDATION NO, 6. Section 26 wes modified to remove thq characterization of the city's executed agreement as an 'offer.' It is the long established policy of the City Council to approve egreemen1~ in final form only after the other party has made a legal commitment, Varying from this policy leaves the city in a position where a final agreement may never materialize. I hope this has been of some assistance to you. If you have any questions or concerns, please contact me again. Enclosure pc: Chris Childs, City Administrator lOG COUNCIL BILL NO. /,,~..~..~ RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF A COMMUNICATION SITE LEASE AND AUTHORIZING THE MAYOR TO SIGN SAID LEASE. WHEREAS, CenCall, Inc., a communications company, wants to enter into a \ site lease of City property for purposes of constructing and operating a communications tower, and WHEREAS, it is in the City's interest to enter into said lease, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City enter into a Communications Site Lease wi~h CenCall, Inc. Section 2. That the Mayor is authorized to execute, on behalf of the City, said lease, a copy of which is attached hereto and, by this reference, is incorporated herein. Approved as to form..~/'~/~/~__;~//~ City Attorney Date APPROVED: Len Kelley, Mayor Passed by the Council S~Jbmitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page I - COUNCIL BILL NO. RESOLUTION NO. · 10G SITE NAME: WOODBURNIClTY WATER TREA' SITE NO: OROI34112Z-2 COMMUNICATIONS SITE LEASE (Orego~ Ground Lease) Dated June 9, 1994 between CENCALL, INC., a Delaware corporation ('CenCall"), doing business as OneComm Corp., having its principal place of business at 4643 South Ulster Street, Suite 500, Denver, Colorado 80237, Attn: General Counsel, and the City of Woodbum, as ("Lessor"), having its principal place of business at 270 Montgomery Street, Woodbum, Oregon 97071. t. Tl~e Prooertv. Lessor is the record owner of a certain parcel of real property located in the State of Oregon, County of Marion City of Woodbum commonly known as 1390 Commerce Way, Woodbum, Oregon 97071, also known as Assessor's Parcel Number 051W00100 (the 'Property"). A legal description of the Property is contained in Exhibit A to this Lease. 2. Lease of the Premises. (a) Premises. Lessor hereby leases to CenCall and CenCall leases from Lessor that portion of the Property generally described as approximately One Thousand Six Hundred (1600) square feet of ground space, more particularly described as a Forty (40) foot by Forty (40) foot parcel of land upon which CenCall shall construct certain communications facilities consisting of a One Hundred Fifty (150) foot self-support tower and a Twelve (12) foot by Sixteen (16) foot prefabricated radio equipment shelter (the 'Premises"). A description of the Premises which may be used for legal purposes is contained in Exhibit B to this Lease. Lessor and CenCell hereby agree that the Premises including any Access Areas (defined herein) may be surveyed by a licensed suweyor at the sole cost of CenCall, and such survey shall then supplement Exhibit B, and become a part hereof and shall control to describe the Premises and Access Areas in the event of any discrepancy between such survey and the description of the boundary of the Premises contained herein. (b) CenCall Improvements. Following the Commencement Date, CenCall shell heve the right to construct the Communications Site (defined herein) in accordance with the plans attached as Exhibit B which are hereby approved for construction by Lessor. Lessor acknowledges that ceC(ain modifications to the Premises not shown on Exhibit B may be required to accommodate construction of the Communications Site which do not require amendment of the building permit (such as orientation of the equipment shelter and tower or the number and type of antennas), which modifications CenCell may complete without further approval by Lessor. CenCall shall obtain the consent of Lessor, which consent shell not be unreasonably withheld, for any modifications required to accommodate the Communications Site not shown in Exhibit B which require an amendment to the building permit. CenCell shell obtain all necessary governmental approvals and permits prior to commencing construction and shell provide Lessor with five (5) days notice prior to the start of construction to permit Lessor to post notices of non-responsibility. All CenCall contractors and subcontractors shall be duly licensed in the state where the Property is located. 3. Rent. (a) Base Rent. COnCall shall pay to Lessor as rent the sum of Five hundred ($500.00) per month, due and payable on the first day of each month, in advance, commencing on the Commencement Date and continuing during the term. (b) Utility Cherge. CenCall shall install separate utility meters at the Premises and, when permitted by the sewing utirees, CenCall shall be responsible directly to lite sewing utilities for all utilities required for CenCall's use of the Premises. In the event utilities are provided by Lessor, CenCall shell pay as additional rent the cost of utility service provided to the Premises and attributable'to CenCall's use ("Utility Charge"). CenCall shell pay the estimated cost of the Utility Cherge monthly in advance together with the monthly rent. The parties estimate the Utility Charge at the Commencement Date to be One Hundred and Fifty Dollars ($150.00) per month. At least annually dudng the Lease Term, Lessor (or at Leesor's election, CenCall), shall calculate the actual Utility Charge for the immediately preceding twelve (12) months based on readings from the utility meters at the Property and on the rates currently charged by the applicable utility. Any excess paid will be credited to CenCelrs next due Utility Cherge and any shortage shall be paid by CenCall to Lessor within ten (10) days of notice of such calculation. Upon the first anniversary of the Commencement Date and on each such anniversary thereafter, at Lessor's or CenCall's option, the estimated Utility Charge paid monthly by CenCall may be increased or decreased to equal the average actual Utility Charge paid per month for the preceding year. Calculation of the actual Utility Charge due shall be made jointly by Lessor and CenCall, and, if they cannot agree, by an arbitrator reasonably acceptable to both parties. (c) Rental Ad_iu=,;,;~ent. Each ren~',val term shall be on the same terms and conditions set forth herein exceDt :.%&~ the rent shall be increased at the be~_-Innin_- of each renc'.'.'al term b_v Fifteen _Dement (t5 %_t of the rent c~-~nfl_v effect for the 0revious term. 4. ~e~]~_J.e~. This Lease shall be for an initial term of five (5) years. CenCall shall have the right to extend its tenancy beyond the initial term for five (5) additional successive optional extension terms of five (5) years each. 5. Commencement _n=~: Governmental Permits. The initial term of this Lease~shall commence on the eadier to occur of the first day of the first month following CenCalrs notice to Lessor in writing that CenCall has obtained all permits and 1 CenCall Oregon Ground Lease Form 0 March 25, 1994 Mackenzie & Albritton · 10G apprevals necessary for CenCall to be legally entitled to construct the Communications Site for providing redio communi~ s'ervices at the Premises, or June 9, 1995 (the "Commencement Date"). CenCall shall be permitted to occupy the Premises and ct)mmence construction of the Communications Site upon receipt of all such permits and apprevals and notice to Lessor as required in Section 2. Any such pre-Commencement Date occupancy by CenCall shall be under all the terms and conditions of this Lease and CenCall shall pay any portion of one month's rent due for such occupancy with the firet month's rent due hereunder. 6. Use of the Premises. CenCall shall use the Premises as one of CenCall's radio communications sites (a "Communications Site') comprising CenCall's system (the 'System") for providing radio and wireless telecommunications services to the public, including Enhanced Specialized Mobile Radio, Specialized Mobile Radio, short messaging, wireless data and any other radio service which CenCall is legally authorized to provide to the public during the term of this Lease. A Communications Site, for purposes of this Lease, is a site at which radio, telephone and communications equipment is installed and used to send and receive radio signals to and fmrn wireless telephones and other radio devices and to connect those signals to radio, telephone or other communications facilities either directly, by means of cables, or indirectly, by means of transmitting and receiving facilities (in.cl. uding microwave antennas) located at the Communications Site. CenCall shall not use the Premises for any other purposes withbut the written consent of Lessor. 7. Easement. Lessor hereby grants to CenCall for the duration of this Lease, or any extensions thereof, an unimpaired, non-exclusive easement and right of way in and over the access roads shown in Exhibit B (if any)('Access Road'), the overhead or underground cable and utility runs shown in Exhibit B (if any) ('Service Easement'), the common areas at the Property and all areas necessary to provide physical access by personnel and equipment from the nearest public right of way, and utilities from the nearest service, to or from the Premises (the "Access Areas'). The rights granted to CenCall herein are for the purpose of installing, constructing, maintaining, restoring, replacing, and operating CenCall's equipment located within or on the Premises or such Accc-~s Areas, including, in the case of an emergency, the right to temporarily install a fuel powered electrical generator. Such rights shall include the right of ingress and egress, twenty-four (24) hours per day, seven (7) days per week over. such Access Areas for access to or from any of CenCall's equipment. 8. Protections A~,ainst Interference. Lessor will not grant a lease to any party for use of the Property, if such use would interfere with CenCall's operation of the System. Any futura lease of the Property which permits the installation of communication equipment shall be conditioned upon not interfering with CenCall's operation of the Communications Site. W'~:~ut limiting any other remedy in law or equity, CenCall shall have the right to terminate this Lease upon thirty (30) days' written notice in the event its reception or transmission is interfered with by other antenna equipment, or obstacles constructed or operated in conCall's reception or transmission paths located on the Proper(y_ or on other oro_~er~_ owned by Lessor. 9. Damage and Destruction. If the Premises are, in whole or in part, damaged or destroyed then: (1) if wholly damaged or destroyed so that all of the Premises ara rendered permanently unusable for construction of a Communications Site, this Lease shall then terminate and CenCall shall be liable for the rent only up to the time of such destruction and any rent prepaid by CenCall shall be retumed to CenCall; but (2) if only partially destroyed and still usable for construction of a Communications Site, CenCall shall, within a reasonable time, repair the Premises with a reasonable reduction of rent from the time of such partial destruction until the Premises are again as fully usable by CenCall as they were before such partial damage or destruction; provided. however, that CenCall shall not be required to build the Communications Site if:. (i) such partial damage or destruction shall occur within three (3) months prior to the termination of this Lease; (in CenCall continues to pay the rental amounts due hereunder and the Premises are maintained in a safe and sanitary condition; or (iii) such damage and destruction is directly caused by the negligence or misconduct of Lessor. A decision as to whether partially destroyed or partially condemned (for purposes of Section 10) Premises are still usable ~or construction of a Communications Site, shall be made jointly by Lessor and CenCall, and, if they cannot agree, by an arbitrator reasonably-acceptable to beth parties. t0. ~2D~F~. If all or part of the Premises is taken by condemnation such that the Premises are no longer usable for construction of a Communications Site, this Lease shall terminate unless CenCall's equipment and improvements can be relocated to another position at the Property acceptable to CenCall and Lessor. CenCall shall be entitled only to that portion of the proceeds of condemnation which is directly attributable to the value of, and/or relocation costs for, CenCall's equipment and improvements. 1 t. Need to Prevent Unsuoervlsed Access. CenCaii's communications equipment is highly sensitive and any entry onto the Premises which could damage or interfere with it must be controlled. Accordingly, although Lessor may have a key to the Premises, Lessor shall not enter the Premises (other than in an emergency) unless it has given CenCaii twenty-four (24) hours' actual notice. In case of emergency, Lessor shall make reasonable efforts to notify CenCall prior to entering the Premises. 12. Termination b_v CenCall. CenCall may terminate this Lease for cause upon the g~ing of thirty (30) days' written notice to Lessor if any of the following events occur:. (a) CenCall fails to obtain or loses any necessary permits, approvals or orders and is thereby unable to use the Premises as a Communications Site; (b) If CenCall determines at any time that the Property is not appropriate for locating CenCall's communication equipment for technological reasons, including, but not limited to, signal interference or (c) Lessor fails to comply with any term, condition or covenant of this Lease and does not cure such failure within thirty (30) days after written notice thereof or in the event of a cure which requires in excess of thirty (30) dace to complete, if Lessor has not commenced such cure within thirty (30) days of such notice and is not diligently prosecuting said cure to completion. CenCall shall CenCall Oregon Ground Lease Form March 25, 1994 Mackenzie & Albri#on 2 have the dght to cure any default by Lessor following such notice and cure period and to deduct the cost of such cure from re 10G I~ereu0der upon presentation of an accounting of such costs to Lessor. 13. Termination by Lessor. Lessor may terminate this Lease upon the occurrence of any of the following: (a) failure by CenCall to pay any rent required hereunder when due if such failure shall continue for more than ten (10) calendar days after delivery to CenCall of notice of such failure to make timely payment; (b) failure by CenCall to comply with any material term, condition or covenant of this Lease, other than the payment of rent, if such failure is not cured within thirty (30) days after Written notice thereof to CenCall, or in the event of a cure which requires in excess of thirty (30) days to complete, if CenCall has not commenced such cure within thirty (30) days of such notice and is not diligently prosecuting said cure to completion; or (c) if CenCall becomes insolvent, or makes a transfer in fraud of creditors, or makes an assignment for the benefit of creditors, or files a petition under any section or chapter of the Federal Bankruptcy Code, as amended, or under any similar law er statute of the United States er any state thereof, or is adjudged bankrupt or insolvent in proceedings filed against CenCall thereunder, or if a receiver or trustee is appointed for all or substantially all of the assets of CenCall due to CenCalrs insolvency. 14. Exercise of Ooflons to Extend. CenCall shall have successive options to extend the term of this Lease for the successive extension periods sat forth in Section 4 of this Lease, on the same terms, covenants and conditions (except as to the number of remaining option terms) as are contained in this Lease. CenCall shall be deemed to have timely exercised each option without notice to Lessor unless CenCall shall provide written notice to Lessor not less than ten (10) days prior to the expiration of the then current term of CenCall's intent to terminate the Lease at the end of that term. 15. Warranties and Covenants of Lessor. Lessor warrants and covenants that (a) Lessor has legal right to possession of the Premises and the power and the right to enter into this Lease and that CenCall, upon the faithful performance of all of the terms, conditions and obligations of CenCall contained in this Lease, shall peaceably and quietly hold and enjoy the Premises upon the terms, covenants and conditions set forth in this Lease throughout the term of this Lease and any. extensions thereof;, (b) Lessor shall deliver the Premises to CenCall clean and free of debds on the Commencement Date and shall maintain the Property in a manner which will not interfere with CenCalrs usa of the Premises as contemplated hereby; (c) Lessor shall make available to CenCall at the Premises, all presently existing utility services required by CenCall for purposes of the operation of CenCalrs equipment at the Premises, provided that CenCall may at its own expense (or Lessor may, if CenCall so requests, at CenCail's expense), install any and all additional utilities service facilities which are so required; (d) Lessor shall, during the term hereof, make payment of all real property taxes and general and special assessments levied against the Property and the Premises which it has the duty to pay within the time allowed by the taxing authorities in order to avoid penalty and CenCall shall compensate Lessor for any real property taxes directly attributable to the value of improvements placed upon the Premises by CenCall; and (e) CenCall shall have access to the Premises from the nearest public way at all times and all security gates and access roads (if any) shall be operational. t6. Warranties and Covenants of CenCall. CenCall wan'ants and covenants that throughout the term of this Lease, CenCall shall maintain comprehensive liability insurance, naming Lessor as an additional insured, protecting and indemnifying Lessor and CenCall against claims and liabilities for injury, damage to persons or property, or for the loss of life or of property occurring upon the Premises resulting from any act or omission of CenCall, its employees, agents, contractors, and subcontractors. Such insurance shall afford minimum protection of not less than $1,000,000 for injury to or death of any one person, $3,000,000 for injury or death of two or more persons, and $1,000,000 for property damage. CenCail shall furnish Lessor with a certificate indicating the applicable coverage, upon request. CenCall shall maintain the Premises in a clean, safe and sanitary condition throughout the Lease Term. 17. Uability and Indemnification. CenCall shall at all times comply with all laws and ordinances and all rules and regulations'of municipal, state and federal govemmental authorities relating to the installation, maintenance, height, location, use, operation, and removal of improvements authorized herein, and shall fully indemnify Lessor against any loss, cost or expense which may be sustained or incurred by Lessor as a result of the installation, operation or removal of such improvements. Except for the acts of Lessor and Lessor's agents or employees Lessor shall not be liable to CenCall for any loss or damages arising out of personal injuries or property damage on the Premises. t8. Title To and Removal Of CenCalrs Eoui_~ment. T'~e to CenCalrs equipment, and all improvements installed at and affixed to the Premises or Property by CenCall shall be and shall remain the property of CenCall. Lessor hereby waives any lien rights it may have or acquire with respect to such property and shall promptly execute any document, required by any supplier, lessor, or lender of such property which waives any Hghts Lessor may have or acquire with respect thereto. CenCall may, at any time, including any time it vacates the Premises, remove CenCall's improvements, equipment, fo(tums, and all of CenCall's personal property from the Premises, but CenCall shall not be required to remove any foundations for the tower or equipment shelter nor any underground cable or conduit. t9. Holdin_~ Over. If CenCall holds over after this Lease has been terminated, the tendency shall be month-to-month, subject to the provisions of this Lease. 20. Surrender. Upon termination of this Lease, CenCall shall remove the equipment and improvements installed at the Premises by CenCall except as set forth in Section 18. and shall surrender the Premises in as goo~torder and condition as when first occupied by CenCall, ordinary wear and tear and damage by fire or other casualty excepted. CenCa# Oregon Ground Lease Form 0 March 25, 1994 Mackenzie & Albrftton 2t. Assignment and Sublet'dna. CenCall shall not assign, sublet or otherwise transfer or encumber all or any I 1 0G CenCall's interest in this Lease without Lessor's prior written consent, which Lessor shall not unreasonably withhold. Notwithst; the foregoing, CenCall may assign or sublet its interest in this Lease or may assign or sublet the Premises, or any portion thereof, without Lessor's consent, to any entity which controls, is controlled by, or is under the common control with CenCall, or to any entity resulting from any merger or consolidation with CenCall, or to any partner of CenCall or to any partnership in which CenCall is a general partner, or to any person or entity which acquires all of the assets of CenCall as a going concern, or to any entity which obtains a security interest in a substantial portion of CenCall's assets. Lessor hereby consents to: the assignment by CenCall of its rights under this Lease as collateral security to any entity which provides financing for the purchase of the equipment to be installed at the Premises; and the license of portions of the Premises to communications users similar to CenCall. Any such assignment, subletting or transfer shall not relieve CenCall of its obligations under this Lease. Should Lessor sell, lease, transfer or otherwise convey all or any part of the Property to any transferee other than CenCall, then such transfer shall be subject to this Lease and all of CenCall's ~ghts hereunder and the easement rights of CenCall to the Access Areas. 22. Notices and Other Communications. Every notice required by this Lease shall be delivered either by (i) p~sonal delivery, or (ii) postage prepaid return receipt requested certified mail addressed to the party for whom intended at the addresses appearing in the first paragraph of this lease or at such other address as the intended recipient shall have designated by written notice. A copy of each notice sent to CenCall shall be sent to: Paul B. Albritton, Mackenzie & AIb~tton, One Maritime Plaza, Suite 710, San Francisco, CA 94111 and OneComm, 5808 Lake Washington Boulevard, Suite 205, Kirkland, Washington 98033, Attn: Real Estate Manager. 23. H~=rdous Substances. CenCall agrees that it will not use, generate, store or dispose of any Hazardous Material on, under, about or within the Property in violation of any law er regulation. Lessor represents warrants and agrees (1) that neither Lessor nor, to Lessor's knowledge, any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material (defined below) on, under, about er within the Property in.violation of any law er regulation, and (2) that Lessor will not, and will not permit any third party to, use generate, store or dispose of any Hazardous Matedal on, under, about er within the Property in violation of any law or regulation. Lessor and CenCall each agree to defend, indemnify and hold harmless the other and the other's partners, aflillates, agents and employees against any and all losses, liabilities, claims and/er costs (including reasonable attorney's fees and costs) arising from any breach of any representation, warranty or agreement contained in this Section. As used in this Section, 'Hazardous Material" shall mean patmleum or any petroleum product, asbestos, any substance known by the state in which the Property is located to cause cancer and/or reproductive toxicity, and/er any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. 24. Waivers. Any waiver of any right under this Lease must be in writing and signed by the waiving party. 25. Written A_ureement to Govem. This Lease is the entire understanding between the parties relating to the subjects 2G. Attorneys' Fees. The prevailing party in any action or proceeding brought to enforce this Lease shaft be entitled to recover its reasonable attorneys' fees, costs, and expenses in connection with such action or proceeding fTOm the other party. CenCell Oregon Ground Lease Form March 25, 1994 Mackenzie & Albritton iog 27. Further Assurances. In addition to the actions specifically mentioned in this Lease, the parties shall each do whatever may be reasonably necessary to accomplish the transactions contemplated in this Agreement including, without limitation: execution of all applications, permits and approvals required of Lessor for construction of the Communications Site; cooperation in obtaining Non-Disturbance Agreements from holders of senior encumbrances on the Property; and execution of a Memorandum of this Lease (Exhibit C) and a Memorandum of Commencement hereof in form appropriate for recording in the county in which the Premises are situated. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above written. CENCALL, INC., a Delaware corporation By: T'~e: Printed Name: Date: ~, 199__ City of Woodbum By: Title: Printed Name: Date: ,199 CenCall Oregon Ground Lease Form March 25, 1994 Mackenzie & AlbrYdon State of Colorado County of ACKNOWLEDGMENTS The foregoing instrument was acknowledged before me this of CenCall, Inc., a Delaware corporation. day of WITNESS my hand and official seal. My commission expires: lOG Notary Public , 199._., by" as State of Oregon ) County of ) On before me, the undersigned, a Notary Public in and for the State of Oreg .on, duly commissioned end sworn, personally appeared, , personally known to me (or proved on the basis of satisfactory evidence) to be the pemon(s) whose name(a) is/are subsc~b~ to the within instrument end acknowledged to me that he/she/they executed the same in his/her/their aulta3rized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s), acted, executed the instrument. WITNESS my hand and official seal. My commission expires: Notary Public: State of Oregon ) County of ) On before me, the undersigned, a Notary Public in and for the State of Oregon, duly commissioned and swom, personally appeared, , pemonally known to me (or proved on the basis of saEsfacto~ evidence) to be the pemon(s) whose name(s) is/am eubacribed to the within instrument and acknowledged to me that he/she/they executed the same in. his/her/their authorized capacity(les), and that by his/her/Ibeir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s), acted, executed the Instrument. WITNESS my hand and official seal. My commission expires: Notary Public: Exhibit A 1 0G ( the" Property") ' A .... , · -~' o n~aware comoration ("CenCall"), doing business to the Agreement dated ~ 19 by and between ~,'m~,~'-,-, ........... r - as OneComm Corp., having its prin~i-~pla~'of business at 3200 Cherry Creek South Drive, Suite 230, Denver, Colorado 80209, Attn: General Counsel, and the City of Woodbum, as ("Lessor"), having its principal place of business at 270 Montgome~/Street, Woodbum, Oregon 97071. The Property is legally described as follows: A detailed property description will replace this Exhibit 'A' upon receipt of a Leasehold Title Policy thereof by CenCall. 7 Exhibit B 10G Page I of 3 ( the" Premises") to the Agreement dated .., 19__ by and between CENCALL, INC., a Delaware corporation ("CenCall"), doing business as OneComm Corp., having its principal place of business at 3200 Cherry Creek South Drive, Suite 230, Denver, Colorado 80209, Mtn: General Counsel, and the City of Woodbum, as ("Lessor"), having its principal place of business at 270. Montgomery Street, Woodbum, Oregon 97071. The location of the Premises within the Property is more particularly described or depicted as follows: 100 \ 1/1~ COR 200 .7.O0 0 400 84 500 8 Exhibit B Page 2 of 3 ( the" Premises") 10G to the Agreement dated ~ ,19-- by and between CENCALL, INC., a Delaware corporation ("CenCall"), doing business as OneComm Corp., having its principal place of business at 3200 Cherry Creek South Drive, Suite 230, Denver, Colorado 80209, Altn: General Counsel, and the City of Woodbum, as ("Lesso~), having its principal place of business at 270 Montgomery Street, Woodbum, Oregon 97071. The location of the Premises within the Property is more particularly described or depicted as follows: · 45 FEET 12" X 16" BUILDING 150' TOWER 6~ OHAIN LINK FENCE SITE PLAN 9 Exhibit B 10G Page 3 of 3 - - ( the" Premises") to the Agreement dated ,19__ by and between CENCALL, INC., a Delaware corporation ("CenCall"), doing business as OneComm Corp., having its principal place of business at 3200 Cherry Creek South Drive, Suite 230, Denver, Colorado 80209, Attn: General Counsel, and the City of Woodbum, as ("Lessor"), having its principal place of business at 270 Montgomery Street, Woodbum, Oregon 97071. The location of the Premises within the Property is more particularly described or depicted as follows: 150" TOWER 10 RECORDING REQUESTED BY AN'D WHEN RECORDED MAIL TO: Mackenzie & Albritton One Maritime Plaza Seventh Floor San Francisco, CA 94111 Attn: Paul B. Albritton Esq. 10G Exhibit C MEMORANDUM OF LEASE ~ THIS MEMORANDUM OF LEASE is made and entered into as of this ~ day of 199.._, by and between the City of Woodbum, as ('Lessor) and CENCALL, INC., a Delaware corporation (`CenCall") doing business as OneComm Corp. WITNESSETH: That Lessor hereby leases to CenCall and CenCall hereby leases from Lessor a portion of that certain mai property in the City of Woodbum county of Marion, Oregon, a legal description of which is shown in Exhibit A attached hereto and inoorpomted heroin by reference, under the terms and conditions of the unrecorded Lease Agreement by and between Lessor and CenCall dated ~ __, 199._.~ and incorporated heroin by reference (the "Lease Agreement"), for an initial term of F'we (5) yearn, and Five (5) subsequent optional extension terms of F'we (5) years each, with a term commencement date of no later than June 9, 1995, pursuant to the terms of the Lease AgreemenL The portion of the mai property leased by Lessor to CenCall is that portion depicted on Exhibit B attached hereto 'and inoorpomted herein by reference. The Lease agreement provides for an easement during the term of the Lease over Access Areas defined therein and also states, "Any future lease of the Property which permits the installation of communication equipment shell be conditioned upon not interfering with CenCall's operation of the Communications Site." All of the Lessor's covenants under the Lease are intended to and shall inure to the benefit of CenCall and its successors. This memorandum is prepared for the purpose of recordation to give notice of the Lease Agreement and shall not constitute an amendment or modification of the Lease. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above written. CENCALL, INC., a Delaware corporation By: Title: Printed Name: Date: ~ 1~__ City of Woodbum By: T~e: Pdnted Name: Federal Tax I.D. No: ACKNOWLEDGMENTS State of Colorado ) ) County of ) The foregoing instrument was acknowledged before me this of CenCall, Inc., a Delaware corporation. WITNESS my hand and official seal. My commission expires: 10G Notary Public day.of , 199__, by as State of Oregon ) County of ) On before me, the undersigned, a Notary Public in and for the State of Orego?, duly commissioned and sworn, personally appeared, , personally known to me (or proved on the basis of satisfactory evklence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/he#their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s), acted, executed the instrument. WITNESS my hand and official seal. My commission expires: Notary Public: State of Oregon ) County of ) On before me, the undersigned, a Notary Public in and for the State of Oregon, duly commissioned and swom, personally appeared, , personally known to me (or proved on the basis of satisfacto~ evidenoe) to be the pemon($) whose name(s) is/are subscribed to the within instrument and ~ to me that he/she/they executed the same iii his/her/their authorized capacity(lee), and that by his/her/their algnature(s) on Ihe Instrument the person(s), or the entity upon behalf of which the person(s), acted, exec~ed the instmrnenL WITNESS my hand and official seal. My commission expires: Notary Public:. 12 MEMO ! OH TO: THROUGH: FROM: SUBJECT: DATE: City Administrator for Council Action Public Works Director ' _ I lulie Moore, C.E. Tech ~ Request for a 4 way STOP at Country Club at Princeton and at Randolph Road/Country Club Terrace intersections June 7, 1994 RECOMMENDATION: It is recommended that Council approve the attached resolution authorizing the installation of STOP signs on Country Club Road at the intersection of Princeton Road and on CO. untry Club Road at the intersection of Randolph Road/Country Club Terrace thus creating two four-way STOP intersections. BACKGROUND: Senior Estates Golf and Country Club has requested that the intersection at Country Club and Princeton Road and at Country Club Road and Randolph Road/Country Club Terrace be changed to four-way STOP ~tersecfions. They felt that the four-way STOP intersection would be safer for the residents in that area since there are no sidewalks in Senior Estat~ and a lot of residents walk to the club house. Also a lot of vehicular traffic use the private parking area to continue on to Country Club Road causing unnecessary traffic in the parking area. The parking lot of the club house divides Country Club Road into two segments. The east section runs from Boones Ferry Rd. west to the parking lot of the club house which is about 80 feet west of the Princeton Road intersection. The rest of Country Club runs south from the club house parking lot to Hwy. 214. Randolph Road intersects Country Club about ll0 feet south of the parking lot. These short sections from Princeton and Randolph intersections to the parking lot are actually dead ends as far as public fight-of-way. STOP signs already exist on Princeton Road and on Randolph Road/Country Club Terrace intersections. Traffic counts were taken on all four legs of each intersection and are shown on the attached map. The Manual of Uniform Traffic Control Devices states that mulfiway STOP installation is useful as a safety measure at some locations, usually where the traffic volumes at the intersecting roads are approximately equal. Therefore, since the legs of Country Club Road into the parking area at the Clubhouse are so short and there are no sidewalks in this subdivision, it is recommended that STOP signs be installed on all legs of the intersections at Country Club Road and Ral~dolpMCoun~ Club Terrace and at Country Club Road at Princeton to improve pedestrian safety and reduce the number of vehicles cutting through the private parking area at the Clubhouse. A: CTRYCLUB. STP 0 0 0 0 0 IAI NOI3DNIaW 0 DOLPH ROAD u~O o ~o :5£~a 0 COUNCIL BILL NO. ! 55-6 10H RESOLUTION NO. A RESOLUTION DIRECTING THAT STOP SIGNS BE INSTALLED ON COUNTRY CLUB ROAD AT PRINCETON ROAD AND ON COUNTRY CLUB ROAD AT RANDOLPH ROAD/COUNTRY CLUB TERRACE INTERSECTION CREATING TWO FOUR-WAY STOP INTERSECTIONS. WHEREAS, ORS Chapter 810 grants to the City of Woodburn, the authority to install stop signs at various locations within the City limits, and WHEREAS, the City Council has received and considered the attached staff report recommending that stop signs be placed on Country Club Road at Princeton Road and on Country Club Road at Randolph Road/Country Club Terrace NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That STOP signs be installed on Country Club Road at Princeton Road and on Country Club Road at the intersection of Randolph Road/Country Club Terrace, creating four-way stop intersections at each. Approved as to form: City Attorney Date Approved: Len Kelley, Mayor Passed by 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 A: TRAF F l C\STOP\CTRYCLUB. RES Page 1 - COUNCIL BILL NO. RESOLUTION NO. 101 MEMO TO: FROM: SUBJ.: DATE: Mayor and City Council Chris Childs, City Administrator &~l~ Plannina Comm. Recommendation/Sandwich Exoress June 9, 1994 At the conclusion of the May 23, 1994 Council hearing on the Sandwich Express land use application (SPR 94-01/VAR 94-03), the Council remanded the record in this matter back to the Planning Commission for review and recommendation. The Planning Commission is scheduled to address this issue at their regular meeting on the evening of Thursday, June 9, 1994. Due to the timing of that meeting, it will be too late for inclusion of any resultant Planning Commission recommendation in the Council agenda packets for the June 13, 1994 Council meeting. However, the Commission's recommendation will be provided under separate cover prior to the June 13th meeting for appropriate action by the Council at that time. 10J MEMO TO: FROM: SUBJECT: City Council through City Administrator Public Works Program Manager/~'/~~ Professional Services Contract for City Hall Ventilating Air Condition Systems DATE: June 8, 1994 and Library Heating At the May 23, 1994 Council meeting, staff was directed to request proposals from engineering firms to study and provide solutions for Heating Ventilating Ai~. Condition (HVAC) systems in City Hall and the Library. The requests for proposals was prepared and sent to three firms. Receipt of all the proposals and review of the material submitted was not completed prior to the deadline for Council packet preparation. A memo with a recommendation for award will be ready at council meeting and will be presented at that time. WOODBURN PUBLIC LIBRARY 280 GARFIELD STREET WOODBURN, OREGON 97071-4698 603..982..5262/6263 OR FAX: 603,.982-5268 101( TO: FROM: DATE: RE: MEMORANDUM Mayor and City Councilors through Chris Childs, City Administrator . Sprauer, Library Director/~.~ Linda June 9, 1993 Public Library Earthquake Repair Bids This Library repair project sought a contractor to: repair and repaint interior walls at the library due to both water damage from the leaking roof and from the earthquake and repair cracks in the concrete floor due to the earthquake and replace the carpeting. The library budgeted approximately $15,000 to add to the $20,245 received from FEMA, for a total of $35,245 to accomplish this work. Later contacts with FEMA representatives indicate their willingness to work with the City on the total dollar ~ amount of assistance necessary to complete this project. On November 5, 1993 sealed bids were received for the advertised project. Two (2) complete and one (1) partial bids were received. Both of the cemplete bids far exceeded our budgeted amount as follows: K-2 CONSTRUCTION - $ 212,000 and PARAGON CONSTRUCTION - $175,000. On June. 2, 1994 sealed bids ware again received. The project was re-specified to have a total amount for repair and repainting of the walls and ceilings and for the cost of removal and replacement of the carpeting. The actual repair of the cracks in the concrete floors was bid at 'x' dollars per lineal foot. This will be an amount added to the total amount and will be determined after the carpeting is removed and the cracks exposed to be measured. The bids for the re-advertised project are as follows: Company Bid Amount PARAGON CONSTRUCTION 2008 Ptarmigan St. NW Salem, OR 97304-2804 503-399-0914 Contact Person: John Eibert $135,000 plus avg./lineal ti-. $ 25.00 DIAMACO, INC. 550 Kirkland Way, Suite 100 Kirkland, WA 98033 206-828-2120 Contact Person: Rick Lambert $ 94,000 plus avg./lineal ft. $ 6.00 10K G.F. WEBB 351 S. Grand Blvd Vancouver, WA 98661 503-289-8227 Contact Person: Gary F. Webb/Grant Brown $ 89,700. plus avg./lineal ft. $ 6.00 RECOMMENDATION: I recommend that the bid of G. F. Webb in the amount of $89,700 (plus the cost of repairing the cracks in the concrete to be determined) be accepted. All indications are that this company is capable of completing all of the work as outlined in the bid specifications at lhe lowest overall cost to the City of Woodbum. IOL M~MO TO: City Administrator for Council Action THROUGH: Public Works Director FROM: SUBJECT: Julie Moore, C.E. Tech III C~ Bidder results for Railroad Crossing Materials for Young Street Crossing DATE: June 7, 1994 RECOMMENDATION: It is recommended that the City Council award the contract for rubber railroad crossing materials to the low bidder, The Goodyear Tire & Rubber Company, with their bid of $34,004.16. (Note: These materials will be used to upgrade the railroad crossing on Young Street near Front Street utilizing budget line item//035-350-720-001. Southern Pacific Railroad will provide the labor to install the material at no cost to the City. BACKGROUND: Council approved a memo in September 1991 establishing a priority listing of railroad crossings to be improved. The schedule is to do one crossing every year to year and one-half. Southern Pacific Railroad has agreed to provide the labor to install the rubber crossing material if the city will purchase the materials and have them delivered to the site. The improvement will include three tracks, two of which are 60 feet wide including sidewalks and the third track is 72 feet because it is at an angle. There will also be 3 sets of end plates. The crossing will need to be closed for at least a week while repairs are made. The rubberized crossings are estimated to last 20 years and will be maintained by Southern Pacific Railroad. Two bidders submitted prices. Following are the results of the bids: 1) The Goodyear Tire & Rubber Company $34,004.16 2) OMNI, Products, Inc. $39,960.00 It is recommended that the low bidder, The Goodyear Tire & Rubber Company, be awarded the project contract with a bid of $34,004.16. Budget line item g035-350-720-001 is proposed to be used to accomplish this project. A:YOUNGRR.BID ~ 1OM M~_J~O TO: THROUGH: FROM: SUBJECT: DATE: City Administrator for Council Action Public Works Director Julie Moore, C.E. Tech III~ Young Street Railroad Crossing Improvements - approval of funds for geotextile and perforated pipe June 7, 1994 RECOMMENDATION: It is recommended Council approve Southern Pacific Transportation Co. be advanced $5,310 for the purchase of geotextile and perforated pipe to be installed along the tracks as part of the crossing improvement which will include installation of rubber crossing material. The. sc materials can be purchased utilizing budget line item//035-350-720-001. BACKGROUND: Young Street is the third crossing to be upgraded with rubber crossing materials as part of a co- operative project between the City and Southern Pacific Transportation Company. The City in the past has purchased the rubber crossing material and Southern Pacific installed the material at their cost. This crossing Southern Pacific wants to lay perforated pipe and geotextile along the crossing to help move the storm water under the crossing. They are _,requesting an advance payment of $5,310 for the purchase of geotextile material and perforated pipe that they will install at their cost while installing the rubber crossing materials. It is recommended that Council approve the advance of $5,310 to Southern Pacific for the purchase of the geotextile material and the perforated pipe for this crossing upgrade. Budget line item g035-350-720-001 is proposed to be used to accomplish this project. A: YOUNGRR. GEO May 23, 1994 We, as residents of Alexandra Court, request permission to dose off'our Street on Monday, July 4th, 1994, in order to have our annual Independence Day Party. We would be dosing offthe street using moveable cones and sign (supplied by the City). The time for this party is 10:00 a.m. until 10:00 p.m. Thank you. M~rk Willcock/Melissa 1420 Alexandra Ave. ~;ld~ Vie~:g,r¢ia J~es 1415 ~e~dra Coua ~fl~m & L~ Crocker 1395 ~e~dm Cou~ e~l ~11 dra Cou~ Maggie 450 Alexandra Ave. ack & P~y Grigoriefl~~ 430 Alexandra Court R~bert & Arle 1410 Alexandra Court  1v"l~a]tin & Christy Miller 1~400 Alexandra Court n Webb 1380 Alexandra Court 6/06/9~ A/P CHECK LISTING FOR THE HONTH OF 14kY 1994 Page I Check Number Budgetary Accost Nu.ber Vendor Nm Vendor N~maber Check - Date Written A~t of Ch~k 22~12 FIRE BOND COtJP(Xi ERICA BOCCH! NOllE 5/03/9~ 22813 FIRE BOHr) COUPO# DANIELLE BO(::CHI NC)fiE 5/03/9~ 2281& FIRE BOND _~d__.lPOflS NICHOLAS BOCCH! NONE 5/0~/94 22815 POSTAG~ HETER-VARiOUS POSTA~J: BY PHONE 015~66 5/0~/94 22816 PETTY CASH-VARIOUS CITY OF MIX)BURN 015255 5/03/9~ 22817 FIRE BOND COUPONS FAY ZIHHER NONE 22818 SERVICES-WATER US I~$T OFFICE 020090 5/06/~ 22819 SERVICeS-LIBRARY COI4FORT INN 002687 5/11/9~ 22820 SERVICES°t~tATER US POST OFFICE 020090 5/12/94~ 22821 VOI D VOI D VO ! O 2282? VO % D VOI D VO ! D 22825 VOID VOID VOID 22~.~ OVERPAYNENT-W&TER/SEWER VIC & JULIE DYKSTRA NONE 22825 OVERPAYI4ENT-WATER/SEWGR JAClC & DONNA BABBITT NOI4E 5/12/94 22826 REGISTNAT[ON-911 N.E.N.A, LAS VEGAS NONE 5/12/94 228~7 SERVICES-911 TRF~SURE ISLAND NONE 5/12/94 228~8 REGISTNATION °POL ! CE HETRO GE 5/12/94 228~ SUPPLIES-911 &LCD CAPITAL RESOtJRCE INC 000104 5/12/94 27.830 REIH8LNtSEI4ENT-t~TP LARRY D. ARENOT 000497 5/12/94 22831 SERVICES-VARIQUS ARATEX SERVICES INC 000534 5/12/94 22832 SUPPLIES-911/POLICE AUTOIMTED OFFICE SYS 000563 5/12/94 22833 SERVICES-911 AT&T INFOEU4ATION SYSTEHS 000620 5/12/94 22834 SERV[CES -VAR ! OtJS AT&T 000658 5/12/94 22835 SUPPL[ES-Li BNARY BI-HART CORPORATION 001275 5/12/94 22836 SERVICES-LIBRARY/POLICE BLUE RIBBON JANITORIAL 001305 5/12/94 _~__R~_? SUPPLIES-ENGINEERING BLUEPRINT SPECI&LTY 001310 5/12/94 22838 SERVICES-LIBRARY CHERRY CITY ELECTRIC INC 002424 5/12/94 22839 REIHE~SEHENT-CITY N)HIN CHRIS CELLOS 0Q24~6 5/12/94 22840 SUPPLIES-911 CLAC3CN4AS COUNTY FINANCE 002555 5/12/94 22841 ', SUPPLIES-tdATER COLVIN SANO 002683 5/12/94 22842 SUPPLIES-C STOP. ES N4ERiCAN BUSINESS HkCHINES 002875 5/12/94 22843 SERVICES-POLICE CREDIT NORTNUEST CORP QQZ~O0 5/12/94 27.844 SERVICES-PARKS/LIBRARY DAILY JQURNAL OF CONHERCE 003020 5/12/94 22845 SUPPLIES-POLICE DARE N4ERICA 003037 5/12/94 22846 SUPPLIES-M~TP DAVISON kUTO PARTS 0Q3080 5/12/94 22847 SUPPLIES-P(XICE EHED CO INC 0041&1 5/12/94 22848 SERVICES-FINANCE FEDERAL EXPRESS 005080 5/12/94 22849 NER'VICES-911 SERVAIS TELEPHONE CO 006143 5/12/94 22850 NERVICES-911/CITY &DI4IN G.T.E. HORILNET 006373 5/12/94 22851 SUPPLIES-STREET NYDROTEX 007360 5/12/94 22852 SUPPLIES-W~TP INDUSTRI&L UELDING SUPPLY 008100 5/12/94 22853 SUPPLIES-ENGINEERING INI4AC 008120 5/12J~ 2285~ SUPPLIES-LIBR&RY JACESON' S BOOKS 009046 5/12/94 27.855 SERVICES-ENGINEERING JO8 SHOPPERS INC 009119 5/12/94 22856 SERVICES-CITY IMLL JR ELECTRIC 009185 5/12/94 175.oo 175.oo 35o.oo 6oo.oo 141.67 875.oo 275.50 79.50 180.31 2.16 22.15 340.00 125.00 119.25 65.00 54.24 151 t05 207.85 28.98 21 .~3 74.13 251.95 45.00 749.00 4.00 153.00 545.54 9.63 15.50 6.47 659.45 109.00 52.56 167.90 9,131.83 6/0&/~4 A/P CHECK LXST[HG FOR THE MONTH OF HAY 199~ Page 2 Check N~ B~ta~ A~t N~r V=r N= V=r N~r ~eck - D.te ~ritte~ ~t of ~eck 22857 SUPPLIES-POLICE LIGHTHING PO~ER CO 011230 5/12/94 113.16 22858 SERVICES-COURT NSl G~OUI' lilt 012015 5/12/94 125.00 22859 SERVICE$-WWTP 14APLE RIDGE JANITORIAL 012073 5/12/94 4ZO.O0 22860 SERVICES-I/dTP GORDON L. HERSETH P.E. 0124~ 5/12/~ ~8~1.75 22861 SUPPL lES-VAN IOUS NETBOFUELING INC 012&J~ 5/12/94 982.35 22862 SERVICES-VARIOUS NORTH~ST NATURAL GAS 013350 5/12/94 536.31 22863 SUPPLIES-POLICE OREGON DEPT OF GENERAL SERV 01/200 5/12/94 350.00 22864 SERVICES-VARIOUS OR DEPT OF ROTOR VEHICLE 01/,2(,0 5/12/94 58.50 22865 SUPPLIES-VATER PAC STATES CAST IRON PIPE 015050 5/12/94 6,759.5?' :)_~__~_ StJPPLIES-WrP PACIFIC Pt~ BOTTLED HATER O15059 5/12/94 33.00 2286? SUPPLIES-NON DEPT PAPERDIRECT INC 015112 5/12/94 96.75 22868 SUPPLIES-POLICE PAULSEN & ROLES LABORATORIES 015173 5/12/94 8&.00 22869 SERVICES-POLICE PAUL'S AUTO BODY 015185 5/12/94 229.00 2287O GERVICES-WTP PIONEER ELECTRONICS 0153~5 5/12/94 16.75 22871 SERVICES-VARIOUS PMTLAm) GENERAL ELECTRIC 015/20 5/12/94 z?,3/*3.11 228~ SUPPLIES-STGEET PtJLLTARPS 015700 5/12/94 642.5~ 22873 SUPPLIES-POLICE P~ DISTRIBUTING INC 01575O 5/12/94 289.55 228?/* SERVICES-COURT TERRY WI RF.Z 017O50 5/12/94 94.00 22875 SERVICES-911 ST PAUL £~--_.~.EDATIVE TELEPNONE 018035 5/12/94 177.60 228?6 SERVICES-STREET LES SCHt~AB TIRE CENTER 018300 5/12/94 382.85 22877 SERV! CES-VATER SERVi CENTER 018360 5/12/~ 2M. 50 22878 SUPPLIES-tJATER SILVERTUN SM) & GRAVEL 018/.00 5/12/94 77/*.26 22879 SERVICES-LIBRARY soum) ELEVATOR 018610 5/12/94 158.36 22880 StJPPLIES-BUILDIHG S.T.S.S. O18721 5/lZ~, 59.50 22881 SUPPLIES-STREET SUPERIOR SIONALS INC 0188M 5/12/94 5&9.7O 22882 SUPPLIES-STREET TAYLOR ELECTRIC SUPPLY 019030 5/12/94 62.~0 22883 SUPPLIES-VARIOUS TELECON, SYSTENS INC 010043 5/12/94 17/*.60 2288~ StJPPLIES-VANIOUS THE J. TNAYER COHPANY O191OO 5/12/94 34O.22 22885 SUPPLIESoSTREET TRAFFIC SAFETY SUPPLY CO 01922O 5/12/94 601.63 22886 SIJPPLIES-POLICE TREADMAY MAPRICS O19243 5/12/94 92.00 2288? StJPPLiES-VARlouS UNOCAL:ERNIE MAW OIL 02O010 5/12/94 736.31 22888 SERVi'CES-VANIOUS UNITED DISPOSAL SERVICE 020020 5/12/94 932.90 22889 SERVICES-VARIOUS U.S. t~ST CO00UiZCATIUNS O2OO91 5/12/94 365.16 22890 SERViCES-VANiouS U.S. tdEST C(XIIMICATIUNS 020095 5/12/94 3,780./,0 Z2891 SUPPLIES-Ia, rTP VALLEY Id~LDING SUPPLY 021050 5/12/94 9.50 22892 SUPPLIES-LIBRARY VAL-NART STONES INC 022035 5/12/94 /*5.?6 22893 SERVICES-POLICE tJOCX)BU~N CAR(HAFT 022508 5/12/94 622.00 22894 GERVIGES-PLANNIHG WCXX)W INOEPENOENT 022630 5/12/94 257.26 22895 SUPPLIES-LIBRARY ~X~OW LUNMR CO 022660 5/12/94 13./.7 22896 SUPPLIES-STREET ZUl4~ INOUSTRIES INC 0250(5 5/12/94 9]'./*9 2289T FIRE BONDS GLEN E. ~ ESTATE NONE 5/16/94 10,350.00 22898 REGISTRATIUN-LIBRARY LINCC 011238 5/12/94 22/*.oo 22899 PETTY CASH-VANIOUS CITY OF laCXX)BIJRN 015255 5/1T/~ 163.87 22900 SERViCES-t/ATER US POST OFFICE 020090 5/19/94 202.35 22901 VOI D VOI D VOi D 22902 VO [ D VO Z D VO I D A/P CHECi~ LiSTiNG FOR THE IIONTH OF NAY 1~,. Page 3 Check Nugber Budgetary Acc~Jnt Nunber 22903 VOID 22904 GERVIC:ES-911 2.2905 REFUND -UATER/SEI~R ZIg06 REFU~-WATER/RENER ~7 RE~-~TE~R ~ RE~-~TE~R ~ ~RVE~S-911 ~10 ~RVI~S-FI~ ~11 ~RVi~S-911 ~12 ~RVI~S-~P ~1~ ~RVI~S-PKS ~1~ ~LIES-~ET ~15 ~LIES-LI~Y ~16 ~IES-~I~ ~17 ~IES*P~ING ~RVl~S*~ I ~/911 ~LIES-LI~Y ~LIES-~P ~LIES-Li~Y REGIST~TI~-~I~I~ ~RVI~S-~LIC ~ ~LIES*LI~Y ~IES-LI~Y ~LIES-LI~Y ~VI~S-ENGI~ERING ~RVI~S-~P URVI~S*911 ~RVI~S*C ST~ES ~RVi~S-~LIC ~LIES-LI~Y ~LIES-~TER ~PLIES-STREET/F I ~ ~LIES-LIB~Y ~LIES-LIB~Y ~RVI~S*L! ~Y ~LIES-~P ~RVI~S-V~i~ ~LIES*~P ~RVI~S*CITY ~LL ~LIES*~I~ ~LIES-LI~Y ~RVi ~S*~P ~RV! ~S-ENG! NEERI NG Vendor Name VOID VOID TRAVEL NETUORIC NONE IRENE d. LECNELT fiE NALTOR DEVELOP#ENT NONE ELENA CN4 NOllE CAROLYM FAGAff lKNE INTERNATIONAL DYNN41CS NORE SANDY NEREDITH NONE A & A PEST CONTROL OOOO11 ABBY'S PIZZA INN 000027' ALBINA FUEL OD0100 ANERlCAN HEDIA CORP 000263 ANERICAN RED CROSS 000280 AWARDS AND ATHLETICS 000580 AT&T INFOPJ4ATIOR SYSTENS 000620 AT&T LANGUAGE LINE SERVICES 000659 BNCER & TAYLOR O01090 BLUE RIM JANITORIAL 001305 BOQNES FERRY ELECTRIC 001352 CANBY RENTAL 002061 CAREER TRACIC 0422123 C~qLSOR TESTING IlK OO21&3 CHELSEA NGUSE IKJSLISNERS OO2~08 CREHEICETA COMUNITY COLLECE - OO2&IQ CSILDRENS PRESS PUBLISHER OO2&50 CR214-NILL 002&78 CINTAS OO2/~SG CLACKANAS COI44UHICAT IQNS OO25&O N4ERICAN BUSINESS HACHINES 002875 DALLY JOURNAL OF CGHNERCE 003020 DANEAL CORSTRUCTIOR IlK 003028 EOFF ELECTRIC ~ FANZLZAN IS,/ 005030 FORCE & COL°UTER OO52&2 FOREST HQUSE 0052/08 V.H. FREEI4AN & CO 005338 GENERAL ELECTRIC CAPITAL 006079 GOVERNNENT BCOICSTORE OO6251 G~T.E. HO81LNET 006373 NACH CREI41CAL CO 007030 C.J. NANSEN CO INC 007055 HARRIS UN ! FORI4S 007090 INGILM4 DIST. GROUP 008116 J.T. SPRAY SERVICES IlK 009198 KITTLESON & ASSQCIATES 010093 Vendor Number Check - Date Written knount of Check 5/20/94 197'.OO 5120/9~ 21.65 5120/9~ '~ T.45 5/20/9~ 25.33 5/20/94 7.45 5/20/9~ 250.OO 5/20/9~ 85.OO 5/20/9~ 150.OO 5/~0/9~ 170.OO 5/~0/9~ 5/20/9~ 1Z0.24 5/20/9~ loo.20 5/20/~ 4~ .35 5/~0/9~ 291. ~? 5/~0/9~ 103.69 5/20/9~ 168.OO 5/20/9~ 2,850.OO 5/20/9~ 4.52 5/2O/94 39.OO 5/~0/~ 17&.OD 5/~0/9~ 19.&5 5/~0/9~ 1,0~5.AS 5/20/9~ 19,316.60 5/20/~ 2~6.05 5/~0/9~ 512.00 5/2O/94 39,853 5/20/9~ 77.OO 5/20/9~ 980.65 5/20/9~ 123.85 5/20/~ 28.38 5/20/9~ 92.36 5/20/9~ 136.OO 5/20/9~ 91. O0 5/20/9~ 729.31 5/20/9~ 139.60 5/Z0/9(, 676.00 5/20/~ 125.70 5/Z0/9~ 1,77~.80 5/Z0/9~ 175.00 5/20/9~ 2,91Z.~5 6106/94 A/P CNECI( LISTING FO~ THE I~NTH OF HAY 199~ Page 4 Check N~.ber Budgetary Account Ntm~er Vendor NM~ Vendor N~ber Check - Date WrJtte~ Amount of ~ 22949 SERVIC~S-PARICS IO~P~S#i & A$_~C_~IATES 010313 5~ ~0.~ ~0 ~LIES-~i~ ~ ~FETY ~LY 011~& 5/~ 1~.~ ~1 ~LiES-P~CS L~ ~ ]NC 0111~ 5/20/~ 1~9.~ ~2 ~LIES-LI~Y LEi~ ~TS 01 ~ 1T.~ ~3 ~LZES-WIC ~KS LZ~S W~T 011Z~ 5~0/~ U.~ ~ ~L[ES-Li~Y LZ~Y ~ZATES 011~Z 5/20/~ ~.10 ~5 ~LIES-LI~Y ~E~ ClN~IDEO IHt 012~ 5~0~ ~.~ ~ ~LIES*LI~Y ~IL~ ~LISHING ~ 01~ 5/20/~ ~.~ ~T MRVI~S-~i~IHG WI~ ~TY 8~ IN~C 012~ 5/~ 1,9~.52 ~ MRVI~S-~LIC ~KS ~ L. ~R~TH P.E. 012~ 5/~/~ 8,~.~ ~9 ~LIES-VMI~ ~R~LI~ IK 012~ 5/20/~ ~.~ ~ ~RVi~S-911 ~IT~ ~*~ TELEP~E 01~50 5/~ 1~.~ ~ MRVI~S-ENGIN~RING E~ R. W~ & AS~ 01~ 5~ 1,~13.~ ~ ~RVI~S-ENGINEERING ~Y, ~ITH & ~ INC 01~ 5/~ 3,~.~ ~ ~IES-~I~ 911 DISTRICTS INC 01~2 5/~ 1~.50 ~ ~LIES-LI~Y ~TI~ ~HIC ~IETY 01~ 5~/~ ~ ~LIES-LI~Y ~TI~ ~ 0131~ 5/~ 19.~ ~T ~RVI~S-ENGI~ERIHG ~T~ST ~O~CH lHC 01~T 5~ 1,~.M ~ ~LIES*STR~ ~TMST WlTATIM 01~ 5~/~ 2,~.~ ~ MRVI~S-~I~ O'~ILL ~LTING MRVi~S 01~ 5~ ~.M ~ ~VI~S-VMI~ ~E ~L ~TS IK 01~ 5~ ~.~ ~1 ~IES-ST~T ~E~ ~RT ~ IK 01&145 5~ ~0.~ ~ MRVI~S-~LIC ~KS* ~ DEPT OF TWS M DIV 01~ 5/~ 1,510.01 ~ ~LIES-LI~Y ~F~ WI~RS~ ~SS 01~5 5~ 19.M ~4 ~LIES*~P PACIFIC ~INTERS 015~ 5~/~ ~ ~IES-LI~Y P~SICI~S ~K ~F~N~ 0152~ 5~ 2.~ ~6 MRVI~S-~I~ O. NE~ PIC~ 015315 5~ 5R.50 ~R ~LIES-~P P~TT ELE~RIC ~ 015~ 5~ ~.21 ~ ~LIES-PMKS PI~EER ELE~R~[~ 01~5 5~ 1~.~ ~ *. ~LIES-WAI~ R & R WlF~ 01M 5~ ~.~ ~ ~IES-~P ~N ENVIR~NT~ ~TS 01~ 5~ ~1 ~LIES-LI~Y RE~NT W ~ 01T1M 5~ 21.2T ~ ~VI~S-~I~ ROY'S Bi~ S~ 01~53 5/~ ~.~ ~ ~VI~S-PMKS ~ ~ERS 0181~ 5~/~ ~ ~IES-PMKS W MTS & ~FTS 01~0 5~ ~.~ ~ ~LIES-LI~AY KIENTIFIC ~RI~ LIBWY 01~T 5/~/~ ~.51 ~ ~LIES-PMKS ~ITY ~ST~I~ ~ 01~ 5/20~ ~.M ~7 ~LIES-LI~Y MLECT VIDEO ~LISNING 01~ 5/~/~ 2~.10 ~ ~Vl~S-~l~ T~ S~TER~ 01M55 5/~/~ ~.~ ~ ~LIES-~TER SIL~RT~ ~ & ~L 01~ 5/20~ ~.19 ~ ~LIES-P~ ~TS PL~ 01M~ 5~ ~9.~ ~1 ~LIES-LIBWY ST~ & WS ~P 018~ 5/~ 5~.~ ~2 ~LIES-ClTY AT~ STATE ~T ~INI~T~ 018T&S 5~/~ 1~.~ ~ ~IES-LI~Y ~ERi~ ~ 01~ 5/20~ 1~.~ ~ ~LIES-LISWY TI~ LIFE WS 0191~ 5/~/~ 3~.~ 18.3,455.73 6/06/~ A/P CHECK LISTI#G FOR THE HONT# OF HAY 1~ P&ge 5 Ch~k Nwter BudQet. ry Accost Nu.ber Vendor N~ Vendor Nwter Check - D.te Written A~t of Check ~ SUPPLIES-LIBRN~Y TINE WARNER VIELESS EDGE 019164 5/20/94 22996 SUPPLIES-PARES TRAFFIC SAFETY SUPPLY CO 019220 5/20/94 22997 GERVIGE$'911 U.S. ti~$T COW4UNICATIOXS 020095 5/20/94 22998 SUPPLIES-LIBRARY UNIVERSITY OF IDAW) PRESS 020133 5/20/94 22999 SUPPLIES-PARKS WiU4ART $TOliES INC 022035 $/20/9~ 23000 SERVICES-tATEr tATEr,FOO0 & rESEARCH LAB 022062 5/20/94 23001 SUPPLIES-LIMARY tATErFOED INSTITUTE 022063 5/20/94 23002 SUPPLIES*tATER tATEr SYSTEN SUPPLY INC 022085 5/20/94 23003 SUlLIES-tATER LESTErN NAEr & E~UIPRE#1' 0~:~q 5/20/~ 2300~ rE 1NEUSSENENT *TRAIdSI T ~qENOA WILLIMS 022394 5/20/94 23005 SUPPL IES-PARI(S MX)ODURN N~DUt. ARCE 022480 5/20/94 23006 DUES-NON DEPT WOCOBURN CHNqDF-q OF CGNNERCE 022510 5/20/94 23007 SEIWICES*VARiOUS WOGODUEN I NDEPEEDENT 022630 5/20/9, 23008 SUPPLISS-LIDrMY WOGOgUIW OFFICE SUPPLY 022670 5/20/94 23009 SUPPLIES*PARKS WOeO PERFECT I~GAZINES 0~___~__~_ 5/20/94 23010 SUPPL I ES*POL ! CE/L ! 8RAEY YES GPAo# ! CS 024025 5/20/94 23011 POSTAGE NETEr-VARIOUS POSTAGE BY PRONE SYSTEN 015~66 5/20/~ 23012 DEPOSIT-NOX DEPT M~OO~IRll SCM DISTRICT 022615 5/26/94 23013 SErVICES*tATER US POST OFFICE 020090 5/26/94 2301& VO I D VO I D VO [ D 23015 VOI O VOI D VOI D 23016 VO ! O VO ! O VOI D 23O17' rEFUUO-tATER/SEUEr J. JACKS~ PHELPR ,ONE 5/27/94 23018 rEFUNO-W, TER/SEI~R Ji# LIND NONE 5/2?/94 23O19 rEFWiO*tATER/SEWEr ALEI(SEY J. IAOL~SI(Y NONE 5/2?/9;, 23020 rEGISTRATION-PUBLIC ~I(S rEGISTRAR NONE 5/2?/94 23021 SErVICES-Mfl*P A & A PEST CONTROL INC 000011 5/27/94 23022 SUI~LISS*NON DEPT AL,S FIKIIT & m CE#1'ED 000160 5/27/94 23023 SERVICES-VARIOUS ARATEX SERVICES .INC 000534 5/27/94 2302;, SERVICES-POLICE/CITY HALL ARATEX SERVICES INC 000535 5/2?/94 23025 SUPPLIES-tATER Nfl'OXATED OFFICE SYS 000563 5/27/94 23026 SUPPI"iES-VARIOUS DI-HA.qT COI~PORAT iON 0012~ 5/27/94 23027 SERVICES-LIBRARY/POLICE BLUE rim JARITOXlAL 001305 5/27/94 23028 SU~PLIES-PARJ(S CARDT rENTAL 002061 5/2?/94 23029 SErVICES-POLICE CASE AUTOHOTIVE 002190 5/27/94 23030 SErVICES-WI,/TP CH2H-# ! LL 002478 5/27/9~ 23031 SERVI{:ES-t&/I'P Cl #TAS 002~8~ 5/27/94 23032 SUPPLIES-CITY ATTY CLARK BOAEO#AN CALLAGHAN 0025~3 5/2T/g& 23033 rE I NDUI~SENENT - PARI(S ALEJAI~HA CLENE#S 002580 5/27/94 23034 SUPPLIES*¥ARIOUS OA¥1SON AUTO PARTS 003080 5/27/94 23035 StPPLIES-911 DYW~IETrlC 003310 5/27'/94 23036 SErVICES-POLICE FARI4ErS OIL 0050~0 5/2?/94 2303? SUPPLIES-STrEET FARNERS STEEL CO 005050 5/2?/94. 23038 SUPPL i ES- PARJ(S/STREET FARN N.AR 005062 5/2?/94 23039 SUPPLIES-STREET FOX VALLEY IV.q[ SYS 005330 5/27/94 23040 SUPPLIES-STREET GEM EQUIPNENT ISC 006065 5/27/94 389.56 118.14 156.80 ,,, 51.97 3,327.13 194.40 50.00 250.00 201.M 1~.30 335.90 100.00 199.5o 22.91 21.65 24.1T 585.00 170.00 658.88 67.63 ?6.20 12.14 174.95 168.00 129.40 1,820.01 140.08 37.34 6.00 120.12 98.18 123.0Q 610619~ A/P CHEC~ LISTING FC~ THE NONTH OF NAY 19~4 Page 6 Check Nunber Budgetary Account Number Ve~clor Name Vendor Nunber Check - Date Urftten Amount of Check 2304,1 CHEVCX:X~ISCA-Fq GENERAL SERVICES AONIN 006120 5/2?/94 4,500.00 23042 SERVICES-PARKS G.T.E. NOSILSET 006373 5/27/94 4,6.7'3 23043 SUPPLIES-VARIOUS G.~. NARDq,M~ CENTER 006405 5/27/94 560.9~ 230~ SERVICES-PAR~S/TRARSIT HILLYER'S HID CITY FORD 007228 5/27/Wt. ~ 242.43 2304,5 SUPPLIES-STREET INLANO FOUNDRY CO 008130 5/2?/94 1,244.00 ~K)~6 SUPPLiES-STREET K-NART STGI~ES 010015 5/27/94 86.58 230~7 SUPPLIES-PARICS/UATER L & L BUILDING 011010 5/Z7/9~ 7.29 2304~ SUPPLIES-POLICE LIGHTNING PC)~)ER CO 011230 5/27/9~ 250.10 230~9 SUPPLIES-PARKS LITTLE CAESARS PIZZA 011283 5/27/9~ ]5.96 23050 SUPPLIES-PARKS KAY'S FURNITUI~E CO 017.330 5/27/9~ 500.00 23051 SUPPLIES-VARIOUS HR P'S AUTO PARTS 012510 5/Z?/9~ 9~.67 23052 SERViCES-PARKS NORTNUEST NATUIML GAS 01~350 5/27/9~ 9.00 23053 SERVICES-C GARAGE PACIFIC RUTRARS#ESSIONS 0150~9 5/27/9~ ]15.00 23054 SUPPLIES-PUBLIC II,IS PACIFIC PRINTERS 015058 5/Z?/94 5~5.32 23055 SUPPLIES-U~TP PACIFIC PURE BOTTLED UATER 015059 5/27/9~ 27.50 23056 SERVICES-t/ATER RN)iX CORPORATION 017035 5/Z7,'9~ 551.25 2305? SERVICES-COURT TERRY RAJ41REZ 017050 5/27/9~ 47.00 23058 SUPPLIES-I/dTP JACICRAM. INGS 01705& 5/27/9& 109.65 ~059 SUPPLIES-PLANNING ROSE CITY S~AJ4P INC 017313 5/27/9~ 20.15 23060 SUPPLIES-PUBLICUONKS ROTHS IGA 017'540 5/27/N;~ 5].52 23061 SUPPLIES-t~ATER SALEHBLACKTOP&ASPHALT 018060 5/27/9~ 30?.26 23062 SERVZCES-PARICS SECIJRITYCO#STRUCTION CO 0183.~3 5/27/9~ 16,4~3.20 Z306~ SERVICES-CITYATTY N. ROBERT SHIELDS 018~50 5/~?/94 4,770.00 2306~ SERVICES-POLICE/PARKS SLATER CGIflJZCATZONS 01857.2. 5/27/9~ 68&.20 23065 SUPPLIES-STREET SPEEDQI4ETEE SERVICE '018677 5/Z7/9~ A3.SO Z3066 SUPPLIES-CITY ATTY STATE CtXJRT ADI4INSTRATOR 018745 5/27/S)~ 35.00 23067 SUPPLIES-M/TP THE d. THAYER CO 019100 5/27/9~ 43.14 23068 SUPPLIES-~ATER UNITED PIPE &SUPPLY CO 020030 5/27/9~ 23069 SUPPLiES-LiBRARY USI~ST DIRECT 020092 5/27/9~ 86.75 23070 SERVicES-911 US HIST CCXI4UflICATIONS 020095 5/27/9~ 69.80 23071 SIJPPLIES-M/TP VIESICO REDi NiX 0211~0 5/Z7/9~ 85.66 23072 SUPPLIES-POLICE UAL-NART STORES 022035 5/~7/9~ 197.70 23073 EXPENSES HARIANHEIK)LF 022459 5/27/9~ 124.65 Z3074 SUPPLIES-I/~I'P/STREET IKX])BURN FERTILIZER 022590 5/27/9~ ~6.32 23073 SUPPLIES-911 UCXX)BURN FIRE DISTRICT 022595 5/27/9~ 78.96 23076 SUPPLIES-POLICE UCXX)BURN PHARNACY 022680 5/Z?/9~ 12.78 Z3077 SERVEC:ES-WI'P la~CX)BURN IL4DEATOll& GLASS 022700 5/27/9~ 3?.50 Z3078 SUPPLiES-PARKS b/CXX)BURN RENT-ALL 02.2708 5/27/9~ 6~.40 23079 SUPPLIES-U~TP ZUI4AR INDUSTRIES INC 0250~5 5/27/9~ 26?.76 23080 SERVICES-RSVP ELIZABETH BRCX)ESSER 03506? 23081 SERVICES-RSVP KARGARET CANAR 035122 5/Z?/9~ 32.25 2.308~ SERVICES-RSVP GECXIGE CUSTER 035128 5/27/9~ 11.25 Z.T,083 SERVICES-RSVP HARGARET ICANE 035390 5/27/d~. 24.50 2308~ SERVICES-RSVP LEO LARC)QUE 0~5&65 5/27/9~ 23085 SERViCES-RSVP VADA OUENS 03558~ 5/27/9~ 92.26 23086 SERVZCES-RSVP JUNE SIHPSO# 035648 5/27/9~ 126.25 229,730.52 610~19~ A/P CHEC~ LiSTiNG FOR THE HONTH OF K~Y 199~. Page ? Check #~.ber Budgetary Account Vendor Name Vendor Nm~er Check - Date Yrttten Aeount of Check 1~8ERT STILMMN 0~56~7 5/27/9~ 88.25 JAY t~OD$ 0~5765 5/27/9~ 1~5.50 ~TTIE ~ ~51~ 5/27~ 1~.~ ~ DAV[D~ ~5210 5/27/~ ~ ~.50 ~NELI~ ~NELLY ~5~ 5~7/~ 1~.~ ~VIN ~i~ ~5~ 5/27/~ ~-~ T~Y ~TER ~5310 5/27/~ ~.~ ~TTY P~[ ~5515 5/2~/~ ~RTR~E ~ES ~5~5 5/27/~ 81.50 J~S STR~ ~5~ 5/27~ 149.~ ~ S~ ~55~ 5/2F~ 92.35 ~NE ~LLS ~ 5~7/~ 1~.50 ~Y Y~G ~57~ 5/2~ 91.~ CI. OF ;~i 015~5 5/27/~ 159.14 ~T OFFI~ ~ 5~7/~ ~.~ ~ ~LL ~S L~RS~ ~E 5~1~ 50.~ 15B MEMO TO: MAYOR AND CITY COUNCIL FROM: RE: DATE: CHRIS CHILDS, CITY ADMINISTRATOR ". "O6E"T S"E'OS, SETFLEMENT OF BURLEY V, CITY OF WOODBURN, MARION COUNTY CIRCUIT COURT NO. 92C-11677 JUNE 7, 1994 On August 31, 1991, the City was sued for $167,000 by the plaintiff in this case. The complaint alleges that the involved police officer was negligent in allowing a dog to escape that later bit the plaintiff. City County Insurance Services (CIS), the City's liability insurance carrier, accepted defense of the case and has vigorously defended the matter. On the eve of the jury trial (which was set for June 15, 1994), CIS offered, and the plaintiff accepted, a nominal amount of $1,000 to settle the case. ClS estimated that this settlement offer would be approximately equal to the City's remaining defense costs if the case were to proceed to trial. It should be emphasized that the settlement of the case was without any admission of. City liability and that no City officials acted improperly. Legally, CIS has the ultimate authority to settle a case. The City can continue to proceed with the litigation only if it assumes responsibility for any legal costs exceeding $1,000. pc: Ken Wright, Chief of Police Mary Tennant, City Recorder 1§C MEMO TO Mayor and City Council through City Administrator FROM: Community Development Director SUBJECT: Department of Land Conservation and Development (DLCD) Technical Assistance Grant DATE: June 6, 1994 The City of Woodburn has been notified that we have been awarded grant dollars to carry out specific land use planning tasks. A copy of the work tasks are attached to this memo. As to the amount of the award that was not conveyed in the grant award correspondence. Staff's request to DLCD was for $13,500. 15C May 27, 1994 Teresa Engeldinger, City Planner 270 Montgomery Street Woodburn, Oregon 97071 Dear Teresa: Congratulations! Your application for a Technical Assistance Grant related to Land Inventory has been approved. The scoring team has completed its review of applications. Your application scored high enough to be within the current level of funding approved by the Emergency Board. Anna Russo is the grant manager assigned to help complete a formal grant agreement. You can expect further information within the next several weeks. Please bepatient as the grant managers will be working on a number of grant requests. If you have questions or' need more information about the formal grant agreement procedures, please call your grant manager at 378-5797. Sincerely, Dale Blanton Grant Program Manager DB:deb <TAGrant> cc: Anna Russo, Grant Manager Fiscal Services (File 46) DEPARTMENT OF LAND CONSERVATION AND DEVELOPmeNT [Luba~a Roberts ~overnor 1175 Court Street NE Salem, OR 97310-0590 (503) 373-0050 FAX (503) 362-6705 15C TA GRANT APPLICATION PROJECT SUMMARY AND WORK PROGRAM The city of Woodburn has realized an unprecedented amount of growth in the past four years. While Woodburn does contain a significant of amount of local industry and commercial development, the City also serves as a satellite community to the metropolitan areas of the North and South. This growth has had a significant impact on the reliability of the City's land use data base which unfortunately the City was unable to update over the last four years. Project Summary: It is therefore Imperative that our land use data base be upgraded at the earliest possible date. This information will provide more accurate land use information from which to forecast various community needs. It will also enable the City to develop an upgraded Inventory from which We can draw information to assist in updating several elements of our acknowledged Comprehensive Plan and comply with'.State Wide Planning Goals. The work program will include the following items: A. Update the City's Land Use Inventory Base 1. acreage counts of residential, commercial, industrial and public use a. within city limits b. within UGB 2. ;distinguish between vacant, committed or partially committed acreage a. within city limits b. within UGB Bm Urban Reserve or Urban Growth Boundary Expansion 1. based on Inventory counts, determine if there is a need to expand the UGB 2. evaluate the need to establish an Urban Reserve Area. 3. If it is determined an Urban Reserve Area should be established, coordination with Marion County will be initiated. Ce Integration of the Land Use Inventory Data Bank 1o use a portion of the data to upgrade the City's QRS 2 transportation planning model. 2o integrate the data into the City's Sierra computer programs data base, which includes land .use data, building activity and public works infrastructure improvements on all lots within the City. De .Incorporate data base information into the City's computer aided draft',rog (CAD) system. 1. draft an updated Comprehensive Plan Map and produce a 7 color map for public distribution. 2. update land use inventory maps 15D City of Woodburn Police MEMORANDUM I/ V \ I Ken WriCt~ Chief of Date: June 8, 1994 To: Mayor and Council C. Childs, City Administrator Subject: Federal Community Policing Grant At the regular Council meeting of September 13, 1993, the Council approved the police detmrtment applying for a federal grant to provide funds for two uniform community policing positions. Our grant was written and submitted on December 29, 1993. On June 7, 1994 we received communications from the U.S. Department of Justice that our grant request was not chosen to be funded. We were told that IliA received 2,760 application for grants to hire additional' sworn law enforcement officers. The program funds were limited to $150 million and only 250 grants, or fewer than 1 in 10 were awarded. Our grant was not one of those funded. It was noted that President Clinton has made a commitment to put 100,000 additional officers on America's streets. With strong Congressional support, we are optimistic that the current Crime Bill will include the much-needed funds to mak~ this possible. 15E City of Woodburn Police Department Ken W~i/gh~,~ Chief Date: June 9, 1994 MEMORANDUM Woodburn, Oregon 97071 (503) 982-2345 To: Mayor and Council C. Childs, City Administrator Subject: Edward Byme Memorial - Bureau of Justice Administration Grant Award In March 1994 the Woodburn Police Department, Woodbum School District and Marion County luvenile developed a collaborative grant proposal through the Woodbum Police Department to the Oregon Criminal lustice Services for Interagency Gang Interveation Specialists. The total budget request was for $104,596 dollars. Of the request $78,096 was grant request and $26,500 wa~ local match to be divided among thc participating agcncic~. On June 1, 1994 the police department learned that the grant request was rcviewed and received a reduced grant award of $30,000 dollars. The police department has committed $5,000 and maintains its commitment of this very important pwject of addressing the Gang issuc.* On June 9, 1994 1 met with Dr. Robinson, Woodbum School Di.qrict and Mr. Larry Oglesby, Marion County Juvenile. We were disappointed of the reduced grant award but have committed ourselves and our agencies to this program. The level of funding would fund less than one-half of'our de~.'gned program and would be ineffective in our professional opinions. We have therefore begin a process of identifying funds and resources to continue with our original proposal of funding two positions with the reduced grant award. We feel that if ali of the work by the agencies and community is to be continued that there is a very real and identified need to proceed with a gang intervention program. The police department intends to begin thc selection and hiring process of thc spccialis~ within the next few weeks. We, Schools, Juvenile and Police intend to have this program in place at the beginning of September 1994. B:GRNTAWRD.M]~M 15F TO: MEMO Mayor and City Council FROM: Chris Childs, City Administrator Facility_ Maintenance Divisiort June 8, 1994 SUBJ.: DATE: I am administratively creating a 'Facility Maintenance Division' to replace the previous system of separate janitor/custodian positions for different city buildings. Implementation will generally coincide with the beginning of the new fiscal year, which will be a one-year trial period for this new concept. The Facilities Maintenance Division (or whatever similar name it ultimately assumes) is cost-neutral, utilizing only the existing authorized positions (one full- time/two half-time) in different areas, plus the additional half-time position created for city hall during the 1994-95 budget process. Accordingly, the new system does not allow for any additional help nor does it necessarily afford any cost savings. What it will provide is increased efficiency, consistency of ooeration, imoroved direct supervision and mere cost-effective central ourchasina of some SuoDlies. The creation of the additional half-time Position noted above, coupled with personnel turnover in some of the established custodian positions have enabled us to move forward with such a change at this time. City facilities involved in this program will include the city hall, library, community center and wastewater treatment plant. While the program is cost-neutral as nOted above, some budgetary adjustments will bb madein conjunction with the adoption of the 1994-95 budget. Any Councilor interested in more specific details is welcome to contact me in that regard. It will be appropriate to review and evaluate this program during the next budget cycle. I am confident that this change will be successful in improving the quality of maintenance of city facilities and also in providing a clearer picture of the city's true needs in this important area. - 15G MEMORANDUM TO: Mayor and City Council THRU: ,,~.~ Chris Childs, City Administrator FROM: l[J.~Y Nevin Holly, Director Recreation and Parks SUBJECT: Demolition of War Memorial Swim Pool Building DATE: June 8, 1994 For Council and Mayor general information I want to keep you appraised of all pool project status. I have been in contact with Fire Chief Kevin Hendricks regarding the possibility of burning down the old pool bathhouse. At this point it looks as if they will be doing this exercise in July. The buming will gut the interior and roofing. We still will have to remove considerable amounts of material pdor to the burning as well as after the burning to complete the demolition. We are doing the demolition ourselves with as little contract work as possible. I will keep you posted as to the exact date of the burning. NH:swp 15H TO: FROM: SUBJ.: DATE: MEMO Mayor and City Council Chris Childs, City Administrator ~ Possible Joint Worksho_~ re: Neiqhborhood Association_~ June 9, 1994 At the March 28, 1994 Council meeting, the possibility of a joint city council/planning commission workshop regarding the concept of neighborhood associations was discussed. Subsequently, staff contacted Tom Griffin-Valade, Neighborhood Association Staff Planner for the City of Salem, con.cerning his availability to facilitate such a workshop. Mr. Griffin-Valade has since taken a similar position with the City of Portland as a Neighborhood Specialist. In spite of the normal pressures associated with job transition, he indicated that he could be available for this type of workshop on Monday. June 20. 1994. He is willing to lend his expertise in this area at no cost to the city. While a joint workshop session of this nature would be non-binding in nature (no formal decisions made), it would be subject to all applicable Oregon public meeting laws. If the Council wishes to proceed with 'e workshop involving the Council, Planning Commission and Mr. Griffin-Valade, staff will notify Planning Commission members accordingly and finalize arrangements with Mr. Griffin-Valade for that date. Direction concerning the Council's wishes in this regard will be helpful. MEMO TO: FROM: SUBJECT: DATE: Community Development Director Bob Arzoian, Building Inspector Building Activity for MAY, 1994 June 1, 1994 tJj. Signs, Fmces~ Driveways Mebile Homes MAY 1992 MAY 1993 No. Dollar Amt No. Dollar Amt 2 192,000 2 232,000 0 0 0 0 18 123,000 8 38,150 3 47,800 0 0 0 0 0 0 5 6,700 7, 6,100 3 87,000 I 35,000 21 456,g00 18 311,250 MAY 1994 No. ~ 4 443~S5 0 0 12 110,276 I 6,100 1 27,000 10 8,950 1 33,000 29 628,911 July l-Jun~ 30 Fiscal $ 9.784.891 ~ 9~839.931 Robert Arzoi*,, Building Official R$:bw BLDACT05.94 10J MEMO TO: FROM: SUBJECT: DATE: City Council through the City Administrator Public Works Program Manager/~-4~-~~ Professional Services Contract for City Hall and Library Heating/Ventilation/Air Conditioning Systems June 13, 1994 RECOMMENDATION: Award a Professional Services Contract for City Hall and Library Heating Ventilation Air Conditioning (HVAC) study and retrofit to Interface Engineering, Inc. for $14,200. BACKGROUND: The city requested proposals from three professional engineering firms to study the current HYAC problems at City Hall and the Library, provide proposed solutions and probable construction costs, and produce technical specifications and construction bid drawings. Deadline for proposals was June 10, 1994. The three proposals received were as follows: Proooser Interface Engineering, Inc. MFIA, Inc. CH2M Hill Cost $ 14,200 20,500 21,700 All three firms are established consulting engineering organizations who have been in business for more than 20 years. Interface Engineering indicated in their proposal that work could be scheduled approximately two weeks after award. The other two firms could not begin until mid to late July. Staff is recommending that the services contract be awarded to Interface Engineering, Inc. RR:[g #EATAIR.CC