Agenda - 06/13/19945
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m
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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
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PAGE 2 - Agenda, Woodburn City Council of June 13, 1994.
3A
COUNCIL MEETING MINUTES
May 23, 1994
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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
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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
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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
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May 23, 1994
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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
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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. -
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May 23, 1994
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~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
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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,
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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
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SPECIAL COUNCIL MEETING MINUTES
May 24, 1994
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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. -
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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
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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
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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
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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
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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<Y 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
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