Agenda - 12/19/1994
CITY OF WOODBURN
270 MONTGOMERY STREET .... WOODBURN, OREGON
AGENDA
WOODBURN CITY COUNCil
DECEMBER 19, 1994 -7:00 P.M.
1.
2.
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A.
B.
Council minutes of December 12, 1994 regular and executive sessions.
Library Board minutes of November 23, 1994.
4.
A.
APPOINTMENTS:
1.
2.
3.
David Vancil and Flurry ?tone to Budget Committee.
Mary Schultz and KareK" Henkes to the Planning Commission.
Sue FofanJ-Dura, Michael Rodriguez, Frank Anderson and
Larry Watson to the Recreation and Park Board.
Dorothy Jaeger and Gloria Predeek to the Library Board.
Jam~~ Green to the Cable TV Advisory Board.
Lillie Pinson to the RSVP Advisory Committee.
4.
5.
6.
B. ANNOUNCEMENTS:
1. Council workshoo: Januarv 5. 1995, 7:00 p.m. at City Hall
to discuss agreement for 9-1-1 communication services.
2. Transportation Task Force, Thursday, January 12, 1995
12:00 noon - 1 :00 p.m. at Woodburn City Hall.
3. Wastewater Advisory Committee: Tuesday, January 17, 1995
7:00 p.m. at Woodburn City Hall.
4. Council workshoo: Januarv 30. 1995. 7:00 o.m. at City Hall
to discuss ambulance franchise issues.
C. PROCLAMA liONS
5.
A. Chamber of Commerce
B. Other Committees
6.
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(This allows public to introduce items for Council consideration
not already scheduled on the agenda.)
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_ To conduct deliberations with persons designated
by the governing body to carry on labor negotiations.
ORS 192.660(1 (d)
11._
THE TEXT OF COUNCil Bill NOS. 1593. 1594 and 1595
WILL BE PROVIDED AT THE MEETING
A. Council Bill No. 1593 - A resolution amending the retirement plan for
the employees of the City of Woodburn administered by Pacific Mutual
Life Insurance.
B. Council Bill No. 1594 - A resolution authorizing an amendment to the money
purchase retirement plan (Section 401 (a)) managed by International City
Manager Association (ICMA) Retirement Corporation.
C. Council Bill No. 1595 - A resolution amending the Personnel Policy and
Procedure Manual for City employees.
D. Acceptance of public right-of-way in conjunction with the
Commerce Way improvement. 1..1.D.
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13.
14.
15.
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SPR 94-22, Woodburn Construction Co. administrative offices located
in Northwood Office Park.
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17.
A.
B.
C.
D.
E.
Population and housing totals.
Draft agreement for 9-1-1 communication services.
Council workshop on ambulance franchise issues.
Mill Creek pump station.
City office closures during Christmas and New Years holidays.
16A
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COUNCIL MEETING MINUTES
December 12, 1994
DATE. COUNCIL CHAMBERS, CITY BALL, CITY OP WOODBURN, COUNTY
OP MARION, STATE OP OREGON, DECEMBER 12, 1994.
CO~NED. The Council met in regular session at 7:00 p.m.
wi Mayor Kelley presiding.
Mayor Kelley thanked the community for the opportunity to be
Mayor over the last two years and he e~ressea his hope the
future will be better for all of our citizens.
ROLL CALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Kelley
Figl~y
Galv1n
Hagenauer
Jennings
Sifuentez
Present
Present (arrived 7:07)
Present
Present
Present
Present
staff Present:
City Administrator Childs, City Attorney Shields, Public Works
Director Tiwari community Development Director Goeckritz,
Police Chief wr19ht, Finance Director Gritta, Park Director
Holly, Library D1rector Sprauer, 9-1-1 Communications Manager
Wolf, Public Works Manager Rohman, city Recorder Tennant
O~TH OP OPPICB. .
C1ty Recorder Tennant administered the Oath of Office to Nancy
Kirksey (Mayor) and Mary Chadwick (Councilor Ward IV).
ELBCTIOf ~P COUNCIL PRESID,NT.
Mayor K r sey acce~ted nom1nations for Council President whose
term would expire 1n December 1996.
HAGENAUER/FIGLEY... nominate Dick Jennings for Council
President.
SIFUENTEZ/HAGENAUER.... nominations be closed. On roll call
vote, the Council unanimously elected Dick Jennings to serve
as Council President.
MINUTES.
JENNINGS/FIGLEY... approve the Council regular and executive
session minutes of November 28, 1994; and accept the Planning
Commission minutes of November 10, 1994. The motion passed
unanimously.
PRESENTAT~ON OP AWARDS.
Mayor Kir sey presented Len Kelley with a placque for his
service as Mayor from 1992 to 1994.
Mayor Kirksey also presented a placque to Joe Galvin in
appreciation for his service as Councilor in Ward IV from 1990
to 1994.
APPOImENTS.
Counc or Jennings stated that he, along with several other
Councilors, are re~esting that the Mayor appoint Richard pugh
as Councilor in Ward I.
Mayor Kirksey stated that she has been supportive of Mr. Pugh
over the last several weeks, therefore, she appointed Richard
Pugh to serve as Ward I Councilor.
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COUNCIL MEETING MINUTES
December 12, 1994
JENNINGS/FIGLEy.... appointment of Richard Pugh as Councilor
Ward I be approved. The motion passed unanimously.
JENNINGSLFIGLEY... suspend the rules to have the oath of
office administered. ~he motion passed unanimously.
OATH OlP OFFICE.
Recorder Tennant administered the Oath of Office to Richard
Pugh (Councilor Ward I).
Councilor Jennings also submitted the name of Walt Lawson to
serve on the Wastewater Advisory Committee to replace former
Councilor Bill Mitchell.
Mayor Kirksey stated that she was pleased to appoint Walt
Lawson to the Wastewater Advisory Committee.
JENNINGS/FIGLEY... appointment of Walt Lawson to the
Wastewater Advisory Committee be approved. The motion passed
unanimously.
Ruth DeSantis representing the Pool Committee, invited the
Mayor, councii, and general public to the Kick-Off ceremonies
for the Woodburn Memorial Aquatic Center. The re-ground
breaking event will be held on Wednesday, December 14th, 2:00
p.m. Settlemier Park, to celebrate the commencement of
construction activities. She briefly recounted the history
involved in the original War M~morial Pool which was
constructed in 1947.
ANNOUNCBMffiS.
Mayor Kir sey stated that a Council workshop will be held on
Wednesday, December 14th, 7:00 p.m., City Hall, for the
purpose of interviewing citizens who are interested in serving
on various City committees and commissions.
The Woodburn Public Library will host an Open House on
Thursday, December 15th, 6:30 pm to 8:00 pm.
Mayor Kirksey stated that the regular Council meeting of
December 26th has been rescheduled to Monday, December 19,
1994, 7:00 pm, City Hall.
A Council workshop concerning wastewater issues has been
scheduled for Tuesday, January 17, 1995, 7:00 p.m., in the
City Hall Council Chambers.
eo 91 COKKOCE REPORT.
M n y Smlth, representing the Chamber Board, congratulated
Mayor Kirksey for her election to office.
Chamber announcements include: 1) Business of the Year _
Northland Cable; 2) Chamber of the Year - Michael Jaeger, U.s.
Bank ( and Tony orlandi, HWI; and 3) the new Chamber
Pres~dent is Donna Hendricks of Northland Cable. She also
reminded the public that the Chamber and Kiwanis are
sponsoring the Holiday lighting contest with judgin9 to be
done on December 14th and the announcement of the w~nner in
the December 22nd issue of the Woodburn Independent.
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extended her
that the Chamber
on issues of
Jane Kanz, Chamber Executive Director, also
congratulations to Mayor Kirksef and stated
is looking forward to working w1th the city
growth and livability.
Joan Garren, re~resenting Woodburn Together (Drug and Alcohol
Prevention Comm1ttee for the city's Youth), stated that their
committee has been working with the Pool Committee on the
brick program. She encouraged the citizens to "Buy a Brick"
as soon as possible since the order will soon need to be
placed with the tile companf. She also stated that they had
recently sponsored a Parent1ng for a positive Future training
funded by a grant from Portland General Electric. The program
was not as successful as they had anticipatedc therefore, they
will be working with the school district to f1nd other ways of
doing parent training. The Committee meets the second
Wednesaay of every month, 9:30 am - 11:00 am, at the Woodburn
community Center and the public is invited to attend the
meetings.
WASTEWATIB ADVISO,y COMM~TTEE.
Marv Shelby, Comm ttee V1ce-Chair, updated the Council on the
Committee's work in formulating the wastewater facilities
~lan. He stated that a maior facility upgrade and e~ansion
1S required by 1999 to meet federal mandates. He briefly
reviewed options which the Co~ittee has considered to
minimize cost and yet meet the DEQ standards. The Committee
has been formulating their plans based on a 20 year plant.
The cost of the uP9rade and e~ansion would be completed in
two stages. The f1rst stage w1ll cost approximately $39
million and will accommodate a population of 31,000. The
second stage will involve future expansion when the need
arises and will cost approximately ~10 million to serve a
total population of 43 000. It was the consensus of the
Committee to do the future expansion at a later date in order
to utilize any new wastewater technology. In regards to
rates, prelim1nary numbers will be available at the January
17th workshop. The final plan must be submitted to DEQ in
July 1995 with the plant fully o~erational by 1999. He also
stated that the committee was or1ginally appointed for an 18
month period which ends December 1994, however, the Committee
has requeGted that their terms be extended to one month beyond
the sucmission date of the final facilities plan to DEQ
(planned submission scheduled for July 18, 1995).
Beverly Koutney and Lia Martinez, representing the Business
and Professional Women's Group, presented Hafor Kirksey with a
floral arrangement and extended their best w1shes in
accomplishing the tasks she will be undertaking as Mayor.
C G - 0 IT DEVE 0 M BOCK G PROGRAM
Mayor K1r sey eclared the pub11C hear1ng open at 7:31 p.m..
Public Works Manager Rohman stated that the purpose of this
hearing was to solicit comments from the public on projects
relating to housing, public infrastructure improvements, and
improving access to pUblic facilities and services by persons
with disabilities. The State anticipates approximatelf $16
million in federal funds to grant to cities for commun1ty
development projects. There are two public hearings required
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December 12, 1994
before application can be made for funds. This hearing
provides citizens an opportunity to express community
development needs while the second public hearing ~rovides
citizens an opportunity to comment on s~ecific proJects. At
this time, the staff has preliminarily 1dentified another
Housing Rehabilitation program and a public works
infrastructure proiect as potential projects for grant
funding. It was also noted that the maximum level of grant
funds for water and wastewater projects is $750,000.
No one in the audience provided any comments on this issue.
Mayor Kirksey declared the public hearing closed at 7:36 p.m..
COUNCIL BILL 1591 - RECONSIDERATION OP COUNCIL BILL 1591
(ORDINANCB DEPINING CHRON~~ NUISANCE P~OPERTY).
JENNINGS/FIGLEY... CounC1 Bill 1591 e brought back before
the Council for reconsideration. The motion passed
unanimously.
At the November 28th Council meeting, the Council had
unanimously passed the bill, howevert Mayor Kelley returned
the bill to the Council along with h s objections to the
proposed bill as required by the City Charter.
~ENNINGS/FIGLEY.... move for passage of Council Bill 1591. On
roll call vote, the motion passed unanimously.
Mayor Kirksey expressed her opinion that it was a good
ordinance which had been diligently researched bf staff and
implementation of the ordinan~e is necessary to 1mprove the
living standards in our community.
On roll call vote for final passage, the Council Bill 1591
passed unanimously with the emergency clause.
Counc1 or Hagenauer Council Bill 1592. Recorder
Tennant read the bill by title only since there were no
objections from the Council. On roll call vote for final
passage, the bill passed unanimously. Mayor Kirksey declared
Counc1l Bill 1592 duly passed.
CO~~CT AeaB - CfTY ~L '~G~ 52fPI~G SYS~BK. .
Pu c Wor s Direc or T1war1 s a e ha in t e city Hall
building, there is a need to separate the storm water from the
wastewa~er system in order to eliminate the continual gas
odors from the downstairs restroom facilitf caused by an
inade~ate Pumpin9 system. Bids were rece1ved from ~he
fOllowing contrac~ors: DaNeal construction, $35,728.83; R & G
Excavating, ~39i830.00i EMK Construction Co., $42,200.00; and
Triad Mechan1ca Inc( ~44,895.00 (bid rejected since it was
improperly submitted}_
staff recommended the acceptance of the low bid from DaNeal
Construction since it was only 5.5% over the engineer'S
estimate.
Councilor Jennings expressed concern over the use of 9-1-1
Communications funds to help paf for the cost of the project.
JENNINGS/SIFUENTEZ... table unt1l the next meeting.
The motion and second were withdrawn.
Administrator Childs stated that a lift station was installed
in the City Hall basement when the building was built in 1976,
however, it had not been tested until the 9-1-1 Center was
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December 12, 1994
installed in the basement. The lift station design was
inadequate and we have received a written warning from OR-OSHA
that the problem needs to be taken care of by the City. The
majority of costs for the lift station would be paid for
through the City Hall Construction Fund, however, $10,000 of
9-1-1 funds will be used since their operation is housed in
the basement. The 9-1-1 User Board has agreed to utilize 9-1-
1 funds towards this project.
JENNINGS/FIGLEY... approve the contract with DaNeal
Construction in the amount of $35,728.83. The motion passed
unanimously.
CLAIMS FOR NOVEMBER 1994.
SIFUENTEZ/CHADWICK.... approve voucher checks #25114 - 25490
for the month of November 1994. The motion passed
unanimously.
Layton Frawley, 1243 Woodland Ave., stated that the Mayor'S
appointment of Mr. Pugh to the Council was unexpected and he
qgestioned if the Mayor had contacted Mr. Kasachev in advance
of the meeting of the pending appointment.
Mayor Kirksey stated that she haa not spoken to Mr. Kasachev
about the appointment, however, she intended to contact him
the following day and to not only express her appreciation but
see if he would be interested in serving on some other
committee.
'TflF RBPORTS.
A State Leased Office Space -- Director Goeckritz stated
that the Emplorment office activities are considered an
ancillary serV1ce carried on by the college to make services
more reaaily available to their students. The modular unit
will provide a Life Skills classroom and the Employment
Office, if relocated to 120 Lincoln st., will occupy one room
of the existing center.
(Bl Regional Library Funding -- In a memo from Administrator
Ch1lds, he outlined a pro~osed financing package inVOlving
Chemeketa cooperative Reg10nal Library Service (CCRLS) in
which legislative action may be taken next year to place CCRLS
in the non-school category of property taxes. Administrator
Childs stated that changing the category of taxes will impact
the City'S revenues under Measure 5 compression, however,
CCRLS is e~eriencing a greater amount of revenue loss as long
as it is st1ll considered a school category under Ballot
Measure 5 limitations.
Mayor Kirksey also shared some statistical information with
the public that shows the number of volumes checked out by
library patrons and through the interlibrary loan program.
(C) Status of City Hall/Library HVAC Systems -- A detailed
report will be made to the Council in the spring of 1995. No
comments were made on this issue by the Council.
(D) Proposed Oregon Department of Transportation Finance
Package -- No comments were made by the Council on this
issue.
Page 5 - Council Meeting Minutes, December 12, 1994
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COUNCIL MEETING MINUTES
December 12, 1994
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(E) Canvass of November 8, 1994 ballots -- Election results
were as follows:
Mavor -
Kirksey
Kelley
Write-Ins
Overvotes
Undervotes
2,635
1,769
25
2
320
Councilor
Hagenauer
Allen
Write-Ins
Overvotes
Undervotes
Ward III -
254
165
2
o
66
counC~l~r Ward
ChadwJ.c
Write-Ins
Overvotes
Undervotes
459
7
o
304
couycilor Ward
Fig ey
Martin
Write-Ins
Overvotes
Undervotes
v -
IV -
Tax Base --
Yes Votes
No Votes
Overvotes
Undervotes
526
311
3
1
254
2,253
2,127
1
370
(F) status of Mill Creek Pump station -- Recently, one of
two main pumps has not been fully operational and an overhaul
of the equipment will probably not solve all of the problems.
It appears that the control system is not working ~roperly and
staff is having General Electric and CH2M Hill engJ.neers to
look into the problems. currently, the control system is
planned for an upgrade in 1998 ana it is hoped that this
expensive project will not need to be completed any earlier
than planned. The remaining pump continues to move the
wastewater to the treatment facility, however, if this pump or
control panel fails, the City may experience some major
problems. Staff has been looking at all options and it is
hoped that everything will be resolved without any problems.
(G) Building Activity Report -- Director Goeckritz stated
that the City has generated about $7 million in building
activity since July 1, 1994 andi if this trend continues, the
City may experience $20-$21 mil ion of building activity by
June 30, 1995.
1794 JENNINGS/FIGLEy.... go back to New Business agenda item. The
motion passed unanimously.
Mayor KJ.rksey 9Uestioned Councilor Pugh if he had resigned
from the PlannJ.ng Commission.
Councilor Pugh stated that he had submitted his resignation at
the last Planning Commission meeting.
WASTEWAT~ ADVISORY COM!XTTEE TERNS.
Mayor Kir sey recommen ed that the Council extend the terms of
the Wastewater Adviso~ Committee for one month after the
submission of the Facilities Plan.
JENNINGS/FIGLEy.... extend the terms of the Wastewater
Advisory Committee to December 31, 1995. The motion passed
unanimously.
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December 12, 1994
Councilor Figley expressed her thanks to the voters for their
partici~ation in the election ~rocess. She stated that she
was exc1ted about the opportun1ty to serve both the citizens
in her Ward and in the C1ty, and she hoped to have a
productive 4 years on the council.
Councilor Hagenauer also expressed his thanks to his
constituents for their vote of support.
Councilor Sifuentez expressed her thanks to Len Kelley and Joe
Galvin for the work they did while serving their terms of
office. She also congratulated Mayor Kirksey on her election
to office.
Councilor Chadwick stated that she was glad to be a part of
the Council and to be given the chance to help serve the
citizens in her Ward.
Councilor Pugh thanked his supporters in Ward I and stated
that he would do his best to serve their needs.
Mayor Kirksey thanked her opponent, Len Kelley, for
participating in a "clean" race for office.
She also stated that she has spoken with representatives of
the 3-Valley Project which provides training for groups in
cross-cultural communications. Woodburn has been chosen as a
site for this project which is funded by the Rockafeller
Foundation.
Councilor Sifuentez stated that she had been working with the
3-vallef Project representatives over the last 3 months. The
group w1ll consist of a~proximately 40 individuals. She has
given them names of ind1viduals to contact within the city,
noweverc more names of interested participants are needed.
Mayor K1rksey stated that she woula be assisting the project
coordinators in making appointments to this group and any
interested citizen is encouraged to contact her.
EXECUTIVE SESSION.
JENNINGS/FIGLEy.... adjourn to executive session under the
authority of ORS 192.660(1) (d) to conduct deliberations with
persons aesignated by the governing body to carryon labor
negotiations. The motion passed unanimously.
The council adjourned to executive session at 8:09 p.m. and
reconvened at 9:48 p.m..
Mayor Kirksey stated that the Council would be taking no
action on items discussed in executive session.
councilor Pugh requested that he be given an o~portunity to
cast a vote for Council President. After a br1ef discussion
on Roberts Rules of Order, Councilor Pugh's vote for Dick
Jennings was recorded.
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COUNCIL MEETING MINUTES
December 12, 1994
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SIFUENTEZ{PUGH.... motion to adjourn. The motion passed
unanimous y. The meeting adjourned at 9:53 p.m..
~PROVED
NANCY A. KIRKSEY, MAYOR
ATTEST
Mary Tennant, Recorder
city of Woodburn, Oregon
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Executive Session
COUNCil MEETING MINUTES
December 12, 1994
DATE. CONFERENCE ROOM. CITY HAll. CITY OF WOODBURN. COUNTY OF
MARION. STATE OF OREGON. DECEMBER 12. 1994.
CONVENED. The Council met in executive session at 8: 15 p.m. with Mayor Kirksey
presiding.
ROll CALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Kirksey
Chadwick
Figley
Hagenauer
Jennings
Pugh
Sifuentez
Present
Present
Present
Present
Present
Present
Present
Staff Present: City Administrator Childs, City Attorney Shields. City Recorder Tennant
labor Consultant: Don Scott
The executive session was held under the authority of ORS 192.660(1 )(d) to conduct
dl3liberations with persons designated by the governing body to carry on labor
negotiations.
Mayor Kirksey reminded the Councilors and staff present that information discussed in
executive session is not to be discussed with the public.
The staff members updated the Council on Ballot Measure 8 and its impact on City
employees.
ADJOURNMENT.
The executive session adjourned at 9:47 p.m..
APPROVED
NANCY A. KIRKSEY , MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 1 - Executive Session. Council Meeting Minutes, December 12, 1994
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MINUTES
MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD
DATE:
November 23, 1994
ROLL CALL:
Willy Baldwin - Present
Nancy Bowman - Absent
Dorothy Jaeger - Excused
Gloria Predeek - Present
Jean Weatherill - Present
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
Noon.
SECRETARY'S
REPORT:
The monthly Board minutes of October 26, 1994 were approved as
submitted.
DIRECTOR'S
REPORT:
Monthly Statistics: The monthly statistics were self-explanatory.
Activities: A list of activities was distributed to the Board.
Thursday, December 15, at 6:30 PM is the Grand Re-Opening -
Holiday Open House. Light refreshments will be served. The library
will be open from 8:00 AM to 12 Noon on Friday, December 23; will
be closed the 24th, 25th, and 26th for the Christmas Holiday; and
will be closed December 31, January 1 and 2 for the New Year's
Holiday.
OLD BUSINESS: Building Repair Project: The repairs are near completion. Grant
Brown will be installing the ceiling tile, which the library has already
purchased to replace the water damaged tiles. The trees in the
atrium had to be removed because the roots had grown between the
foundation and the framework of the window and were causing leaks.
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Sunday Hours: The library will be open Sundays from 1 :00 to 4:00
PM beginning December 4 through the month of April.
CCRLS Update: Linda explained the changes in the funding of
CCRLS due to Ballet Measure 5.
NEW BUSINESS: December Monthly Meeting Date: The Board voted to not have a
December monthly meeting.
Appreciation Letter: Vice-President Gloria Predeek signed a letter
of appreciation for the grant of $64 from the Frank W. Settlemier
Public Library Fund of The Oregon Community Foundation.
BUSINESS TO/FROM
THE CITY COUNCIL
AND/OR MAYOR: None
ADJOURNMENT: The meeting was adjourned at 12:45 PM.
Respectfully Submitted,
~Jr ~~
Judy Coreson
Recording Secretary
Library Board Minutes - 11/23/94
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MEMO
TO: WOODBURN CITY COUNCIL
I\~~
FROM: f' NANCY A. KIRKSEY, MAYOR
DATE: DECEMBER 15, 1994
SUBJECT: BOARD/COMMITTEE APPOINTMENTS
After conducting a workshop with the Council on December 14, 1994 on the subject
, of making various board/committee appointments, I make the following selections:
Budget Committee:
David Vancil - Appoint to Position 4, expiring in December 1997.
Flurry Stone - Reappoint to Position 5, expiring in December 1997.
Planning Commission:
Mary Schultz - Appoint to Position 7, expiring in December 1998.
Karen Henkes - Appoint to Position 9, expiring in December 1998.
Recreation and Park Board:
Sue Fofana-Dura - Reappoint to Position III, expiring in December 1997.
Michael Rodriguez - Reappoint to Position IV, expiring in December 1997
Frank Anderson - Reappoint to Position V, expiring in December 1997.
Larry Watson - Appoint to Position VI, unexpired term ending in December 1996.
Librarv Board:
Dorothy Jaeger - Reappoint to Position I, expiring in December 1998.
Gloria Predeek - Reappoint to Position II, expiring in December 1998.
Cable TV Advisorv Board:
James Green - Reappoint to Position 2, expiring in December 1997.
*Note:
There are two vacancies on this committee for which I am seeking
potential appointees.
RSVP Advisorv Committee:
Lillie Pinson - Appoint to one term on the RSVP Advisory Committee. Lillie Pinson
resides at 1479 Rainier Road and has been active with the Chamber of Commerce and
Powers Historical Society. Some of her accomplishments include establishment of
Powers Chamber of Commerce, restoration of Powers Museum, and routing of a
scenic highway through the community of Powers, Oregon. [: "F I f? ~ (?)
~
11 A-C
[VIEMO
SUBJ.:
Mayor and City Council
Chris Childs, City Administrator ~
Implementation of Ballot Measure 8
TO:
FROM:
DATE:
December 15, 1994
Much of the discussion of the recently passed Ballot Measure 8 has focused on the
Public Employe's Retirement System (PERS). It should be clearly understood that no
Woodburn city employees are currently members of PERS. The city has two plans,
a defined benefit plan administered through Pacific Mutual Insurance Company and
a 401 A plan with ICMA Retirement Corporation. However, as a legal matter, the
language of the ballot measure is so broad that it applies to any public IIretirement
system or plan established by law, II whether or not it is administered by PERS.
For this reason, the implementation of Ballot Measure 8 will require certain
modifications in the city's retirement plans. All of these language changes are of a
technical nature and have been prepared at my request by the city's retirement plan
administrators, and are addressed by Council Resolution as Council Bills No. 1593,
1594 and 1595.
Because the appropriate language to be inserted in the required resolutions will vary
depending upon the Council's determination of certain issues to be discussed in
executive session, the text of the resolutions has not been included in your packet.
After the necessary Council decisions are reached, resolutions containing proper
implementation language can then be introduced. To accommodate the public interest
in the Council's business, the resolutions should be read in full after they are
introduced.
~
11 D
MEMO
SUBJECT:
City Administrator for Council Action
Randy Scott, C.B. Tech ill, through Public Works Director 1<5,
Acceptance of Public Right-of-Way
TO:
FROM:
DATE:
December 14, 1994
RECOMMENDATION:
It is being recommended that the City Council accept the attached public right-of-way in
conjunction with the Commerce Way improvement.
BACKGROUND:
The right-of-way to be conveyed to the City is in conjunction with the street improvement on
Commerce Way. The existing right-of-way varieS in width between 25 feet and 40 feet. The
additional right-of-way to be conveyed will provide for a consistent width of 50 feet. The street
was constructed subject to the additional right-of-way being conveyed to the City.
The owner of the property is out of town at the time of this memo, however, they have agreed
to sign and convey the property.
A copy of the documents and a map showing the area described is attached.
A:COMMERCE.ROW
~
FORM- Warrenty Deed Clndlvldull at carpome)
WARRANTY DEED
KNOW AlL MEN BY 'IIIESE pRESENTS. JJuII SCOTT M. BURLINGHAM ~ CtIlW 1M fNIIIDI',for 1M
coIIII/knIIIDII ,..,....,.,.., III f"tIIIID' ptIlil by CITY OF WOODBURN, A MUNICIPAL CORPORATION, 1wM1I4It., ClIIlW r1N
grGlllu, .. M1wby 1fYIIII, 11tu'pln. ,.zz all txRt'Jq IUIID 1M ItIl4 JnIIII. _ "."..'1 1wIn, ,l/CCGMR'IlJ1f4 -41U, t1uIt CII1alIt
TftJl JIIY1PG'f1, wIt1t 1M ,.,..".,,; ~ _ qplll1ailltCG t1amwtto bcltmlIAI or ",~, ,iIUIIUd '" 1M 0JuNy of
MarltNI_ Slate ofOrqOll, ducrib<<llllfollt1wl,lD-WIt:
BeginnIng It the Southwut comer of that traCt of land conveyed to Scott M. BurUngham by deed recorded In
Reel 844, Pagl 4&1, Dead Recorda which point Is recorded u being 755.77 fMt and North 87"69' Wilt and
25.74 fNt North 41. East from the moat northetly Northwut comer of the B. S. Bonney Donat\On Unci Claim
No. 47 In Township 5 South, Range 1 Wut of the Wlllamltte Meridian, MlrIon County, Oregon; thence North
41.' &'00. East along the W'e.t8I'Iy 11M of aid net, a dlatance of 698.08 feet to the Northwelt corner thereof;
thanee Sou1h 84-01' Eat on the northerly I1ne of ulclllurllnclham net, a cI1Itance of 12.2& feet; thence South
41-' &'00. Welt 443.48 feet: thence aouthwuterly along the an: of I 183.00 foot radius curve to the left (tha
chord of which bMta South 28004'01- Welt 83.48 feet) I cfiltance of 84.20 feet; thence aoutherIy .Iong the
arc of e 28.00 foot radlul cut'Ytl to the 11ft (the chord of which bears South 8-21 'oe- ealt 20.29 fMt) a
distance of 20.76 flit; thInct IOUd1tutIIIY IIong the arc of. 60.00 foot radiul curve to the left (the chord
of which beers South 41-ocr31- bit 38.47 feet) I dIItance of 37.33 fNt to I point on the northerly r1ght-of.
way line of H.rdcutle Avenue; thence North 88~'00- Waat llong 1.1d right-of-way line . dlatance of 104;67 .
.feet to the point of beginning.
Contalnl 8788 aqulre fNt of land, more or lu..
For roadway purpose.
! (If' SPAC! INllUFFIClNT. cONTlNUI OUClUl'TlON ON REVERSE SlOE)
To He..,. 11114 '0 HoW ,,,~ ,e",. .11'0 ,11. ,eld ,rllll'.' lIIUl,rell'..', It.'r" ,.cc.llor, elld fU"'''' fllr...,.r.
Au ,e'd ,relllor It.r.., CO".IIellt"o eu wltlt ,aid "elll.. .u "...".', It.'r,. 'IICC."O" .1Id",,""'. thllt
,ralltor " '.w/.'ly ,.'Z.d '"/" II"'pl. 0/ tit. .bo". ,rlllltH pr.",',." Jr.. fro", ell .IIc_brtlllc"
110
11114 rh.t "utor will wem*"t .IId/o,n.r 1l./.IIIl ,h, Itdll pr,..',,, .u...,,,, p." .M p.,c.' tlu,.o/.,.',.,t ,h.
'aw"" ~'II'1fU eN Il...rub of aU p.r.o", wlto",'o."'''. ac'pr ,ho" cl.'",,", .IIde, ,It. ."". d"cr,..d
,lIcumbranC.I.
n. "., .114 .ctlUlI cOIU'd.rllrloll paid for tll', rr.III/.r, .ttu.d '" t1rlfU tI/ lioU.r,. ,. so.oo .
'How.".r. ,It. .erNI co,.,Id",.tloll co,.,,,,, 0/0' IIIcl,",,, orlt., prop.,." or 'lei.. ,1'1'11 0' I'ro.".d which " ill,
who"ll'.rt 0/ tit, co,.,'d.~loII (llIdlc.,. wll'ch)! (77c. ..IIrnc. i"w"II tll. "","11, V N' .ppllcd". ,ho.W ..
d.l.t.d. S.. ORS9J.OJO.) .
III cOlllt7'.'II, ,,,,, tl..d .1Ul wh". ,Iu COIll.Xl '0 r.t"'''', ,It. ,,",.'.r IIIcl.d" tll. pl.rtd .1Ul.ll,rlUlllll4ltlc.'
ch.II," ",.U b. ''''pll.d 10 ",.b llu proy'IIo", II.r.o/.pp" "..U, to ~orporlll'o'" .1Ul '0 '1Ul1,,'Il..".
III Willi'" ""'.r.o/, ,It. ,rllllror ItfU .z.Cllt.tl th', IlIIt,.."../II ,,,,, _ li47 0/ ' 19--,'
'/ a corpor." ,'.IItO'. It It", c.."d ", .... to H ",..d alUll" ...1 tif/bt,tl "1." ofllc., or o,h., p.r,oll duly
..,rlaorhed '0 do .0 II, ortl.r 0/1" bo.,l 0/ dl,.ero".
THIIINITRUMeNT WILL NOT ALLOW US. 0' TH' 'ROI'.R" 0..
ICRIIIO IN THII IUTIIUMINT IN VIOLATION 0' API'UCAILI LAND
uS! LAWI AND UGULATtONI.IIJ10RIIIGNING 01 ACCIPTlt/G
THIIINITRUMENT. THE P.RION ACQUIRING JIll T1Tl.I TO THI
I'RO"'"" SHOULD CHICK WITH THI A""Rap'UATE CITY OR
COUNTY JOu.NNING DEPARTMENT TO VIRIn' APPROVED UIES.
STAn OF OREGON, CO.1II7 tI/
TIll, 'IIItr_.1II WU .cbowl.d,.d ."0'. .. Oil
by .
Tltl, IlIItr...II' WIll .cbowled,.d b./o,. ... 0"
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"'ACt ~alPIVIO
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~ICOIlDIA" ula
STAn OF OREGON,
C4.II'1 0/ M.rloll . }
I cmlh thlll tla. wl,h'lI III"'..
",..t 11/411 rlc.,.,.l/or r.corl Oil th,
_u,of. .19 ,
.'_0 'clock _M., elld ,.c;;l.d
'" book'r..''''ol... No. ,Oil
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""lItl",'croJl""tr.c.pt'oll No
R.co,d tI/ D..41 of laid COUll".
W'tll'" "'1 Ia."d 4I1Id "a' lI/
Co.,." t1/Ji1C.d.
.IIANTQfI~. "'AM. AND ADOR..
IIAMr.;asDmI. II"
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FORM. W."anty DHd (Indlvlduel or corporetel
11 D
.wARRANTY DEED
KNOW AIL JiBN BY THESE PRBSENl'S, 2Mt WOODBURN FERTU.aER AND GRAIN, INC. ~ ~ tM Jl'IIIIUH',
lor 1M couldm#ld" ~ "tIUtl, ID ".",.]IGlIl ", CITY OF WOODBURN, A MUNICIPAL CORPORAnON, ~
C4ll<<l tM"""', .. ,..,., 1fUI, ..,,,,,., NIl aI. ClMW)' aID tM IIIU ,~M aI. "..,..', Iwln, 'U<<1IUtm aI. _"JII. tlUJt
MUlII ,.., propmy, MIla 1M """"""', ~... l1li4 fIppIII'UII/IIf ~ HlMIu., or ~,1InMIUd lit r1w CofUIIy
ofMarloIf aI. SU1U ofOrwpll, tIGt:rlW a.folltJw, 1D-WlI: .
Beglnnlng It the Southwe.t comer of that trlct of land conveyed to Woodburn Fenllizer Ind Grlln, Inc. by
deed recorded In Reel 396, Plge 314, Deed RecofdI for Marlon CountY, Oregon which point I. record.d I'
being SOU1h eros' Ealt 32.36 f..t Ind North 4'.'6' Ea.t 636.65 f..t from I point marking the
InterSlctIon of the centerline of Hardc:utle Avenue and the Eat r1ght.of.wlY line of the Southern PlcIfic
RllIroId and being lituated In Townahlp I South, Ring. 1 Weat of the Wlllamatte MerIdIln, MlrIon County,'
O~ i thence north 4'.'5'00. East along the weaterly 1M of aid Woodburn Fer1ll1ur tract, I dlltanee of
443.33 flit to the Northwut comw 1herIOfi thence South 4r36'14. Ealt llong the northerly Un. of AId
trIct, I e11lt1nee of 2&,00 flit; thence South 41.' 5'00. Weat parallel with the weaterly line of .ald tract, I
dlltanee of 426.68 flit to I point on the IOUtherIy line of aid tract; thence North 84-01' We.t llong .11d
aoutherly Une, I dIItInce of 30.62 f..t to the point of beginning.
Containl 10,881 aquar. feet of land, more or .....
For roldway purpo...
(IF S"Ace INSUfFIClNT, CONTINUE DESCRIPTION ON REVERSE SIDE>
To Htn. .u,o HoW ,11. 'CIII' ."'. ,11. ,.U ,r."',,." ,r."'..', IIdr" "cc.llor, 0" 01l'lU/or.".r.
AII4 ,.'4 ,ro,.,.r It.r.", C.Y,,,..., ,. c" w"" ,.'4 ,r.II"..1I4 ,NA'''', ",'r" ,.cc.llor, IUUl ,.,11,", dJlII
,rall,or " 'cw""" ..'z.d ,"/.. ,'mp" 0/ '11. c60". ,r.",.d pr.",'"" fr../r.", .11 ..c.mbr..c.,
aN ,,,., ,,.."'or will w.rr..' c.d/orn.r deJ.u ,,,. ,c'd pr.",'," ." 'N" par' C" p.rc.' ,1I.r,o/c,.'III"It.
'ewflll .rc,,,., oNIl,.c1Uh of.1I p.r,olll W"'""O.II.'. ""P' rlto,. d.'.'", ...4.r rI" aOIl.Il"cr'b.d
.IIcumbrGIIC" .
D, 'r.. C" ccr.tal c.",U.r,,'oll pc'4/.r ,It" 'r."',', ".,.4 ,,, ,,""' 0/40"'r6, U so.oo .
'Ho_II,r, ,,,. CcrIlO' COIII,4.rc,'oll C."'UII 0/.' '.elM" .,,..,. propnry 0' ".,.. ,'Y'" .r pro.'," wh'ell', ,h.
w"o',".11 O/'M eOllll4",."." ""'CIII. wlt'elt)! (D' ".""C. """"11 ,,,, "."olt, 1/ N' .p,"eu", ,'"',d4 ".
ddetltl. 8.. 01t89J.OJO.)
'" COIII,""", ,,,,. 4.,4 .JUl wlt,r. ,la, eOIl'O"O r'f.'rll, ,Ite IIlI,ulGr '"clrul., ,It. p'"r.' .1I4.11 ,r"",,,,,,'cG'
chait'" ,".U II. ""pll,4 '0 ",cb ,,,. pro."IIo111 ".no/ q," 'fU.'" '0 e.rpo,.,'olll ",.4 '0 '"""4uZ,.
,. W"..II WJc",.o/, ,II. """'0' ,.., ".e...1I ,It"~ '111"II1II'11' ,It II _ II., ./ . , 19_:
1/ . eorp.r.', ,rulor, " lull c....4 '" ..",. ,. II. ",,,,4 .114 ". "., 1I/Jbl.4 II, .11 oJ1lc.r .r o,lt.r p.r,oll 4uly
GII'''orlz.4 ,. do '0 6)1 .,4.r 0/'" 1I0"N o/II',..,.r,. .
THa. INST"UMENT WILL NOT ALLOW UaI! OF THE P"OPUTY DE-
SC'UIED IN THIS INST"UMENT IN VIOLATION OF Uf'UCAILILAND
USE LAW, AND IIGULATlON.. IEFOllE IIGNING Oil ACCEPTING
THII INSTRUMENT, THI...IlS0N ACOUIIlING'F.. TITLE TO TH.
PROPIRTY SHOULD CHICK WITH THE APPRO""'ATI CITY 01
COUNTY PlANNING DE'ARTMENT TO VE"IFY A...."OVlD UIEI.
STATE OF OREGON, COUll" 0/
rid, '111"II1II'''' wu lIe1ll0w"4,.4 kfor. "" O.
b,
Db ,"'".",,'" wu cebow,.4,,4 lI.f.r, III' O.
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."MTI". MXII\ AND ADD"I..
"ACI AI.UVED
fOil
IIICOIlOU" U'I
8TAm OF ORBGON,
COIIII'Y 0/ Ma,'o. }
Ie.nlb ,IuI, ,h. ...."h'" 'lII'ru-
m.1II wu r,c,,".d lor r.cor4 0.. ,h.
_1l1IY 01. ,19 . .
a' . 'clod: M., ...4 recor4.it
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_IIAIITO"" NAMrDDARul.
NAME. ADD"ln. II"
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fORM- WOlfeRt DoMd IIMMdUlI IN' _ratol
11 D
W~ DEED
KNOW AlL MEN BY THESE pRESENTS, 'Dull DON BURLINGHAM FAMILY CORPORATION ~ CfIlW 1M ,nmtm',for
Ill' COIIIIMraIIma hRdM,ft.IUIUtl, III fI'IUIlor pIIMl", CITY OF WOODBURN, A MUNICIPAL CORPORATION, ~ CIJlW
Ih. ,,.,,... doa 1NNby ,""", lHuIlIbI, ,dl Mil COftw,)' ",.,. 1M ItII4 fI'IUIlH Mil,,..,,,.', MIn, 'IICCGIOI'I #I1IIl"""III, thtJI cmaln
rral~, wlI1t 1M ,.,."."" IwtwlIttJlMltll MilI1pp111U1t1111< IMmutItI ".,.,,,,, or IIppmllbll"l, ,iluaud III 1M CormIy of
MariDIJ MIl Stau ofOtwpt, tlut:rIJM tIIfDIl-I, UMVII:
BeglMlna at the Southwelt corner of Parcel 5 .1 d,acrIbId In lnatrumtnt conveyed to Don BurUngham Family .
Corporation by deed ,.cordedln Reel 1126, Page 782. Deed Recorda for Marlon County, Oregon which point
II recorded .. ~Ing north 41., 5' ~It 1088.20 fNt from the Interaectlon point of the cenwrtlne of H...dcutle
Avenue with a line paranet to and 55.00 feat measured at right ana'" from the centerline of the Southern
Pacltlc RaIlroad, Iltuated In SectIon 7, Townahlp Ii South, Range 1 Wast of the W11lM\ette Meridian, Marion
County, Or-aon; thence north 4'.'5'00. ~at along the w..-w Une of said Parc.l1i and the northuaterly
extension thereof, a distance of 184.98 feet; thence South 48.46'00. Eut 25.00 feet thence IOuth 4'.'5'00.
West plraUll with the weatetty line of said Parc115, a 4Ilatance of 186.03 feet to. point on the aoutherty 11M
of said Parcell; thanee North 48"38'14w Welt along uIcI aoutherIy line, a d1atlncl of 26.00 feet to the point
of beginning,
Contelns 4126 Iquare feet of land, more Of lul.
For roadwlY PUrpol..
., ""ACI! lNSUFRCI!NT. CONTlHUf OPCM'TION ON Rl!VIMI! llOl!I
To HII'" II,", '0 Ho14 ,h. 'lUll' ..'0 ,h. '11'4 ,,..,.,.. .u "..,..',Ia."" '"CC.IIO" .'"' 111"'111 fo""",
A" ,.14 "".,., II.rd, c."."."" ,. .u w"" ,,,'4 ,,,,,.,.. II,", ,rllll"'" It."" 'IICC.IIO" .'"' u"'''', ,h,,,
,rlllllo,', 'awfll'" ,.1%.4 IlIf.. ''''1''' of , 11. 1Ib0""'II,,,.4 p"III11."fr..fro",." .IIC"lIIb'IIIIC.' .
~ I '.
.lId ,hll' ,rIIllI'O' will WII"II'" II,", fo,."., 4./." ,h. ,.14 1"'11111.. ..4 '''.ry 1'." .,,4 pII,cd ,'..,.of .'1111'" ,h.
'IIW/U' c,.,'''' ." 4.,'111,",' 0/ ." 1""0111 wltOMlo,"", .zc.p' ,lto.. cl4l'",'", ruuJ., ,It. UOII' 4t,c,'b.d
'JlClllllb'IIJlCn,
Th. Inl. ""II "et".' cOIll14.,.".. 1'11'4/0' ,It" ',IiIIfI/." "...11 ,. ,.",., 0/40'''''', II SO.DO .
I How,,,,,, ,It. .nlUl' COIII'U,IU'O. COlli"" 0/.' '.c'ruh. o,u,p,op.rty 0' II.'''. ,Ill'. or p,..'ud wldclt " ,It.
",ho..lp." 0/ ,h. ~ollllll.,."o. ('lUllc,,'. wldclt)! (771. ,.,.,."e. i.tw... ,It. ""'011, if "0' .pplle..... 11..,,14 be
d,I".4. 8.. ORIIJ.OJO.)
111 ~Ollltr1l'''' ,It II u.4 .u wit.,. ,It. eo,.,"' '0 "f."'" ,It. "",,,,., '"e'IUI., II.. p'"rll' ",", .",r._.rlc,"
Chllll'U ,IIa"',. ''''pll.4 ,. ..d. ,It. p,o'llll'ollllt.,.o/ "Ppl, 'f.II", ,. ..,porll,'olll ",", '0 ',",''11'4""".
,,, W"".II Wh.r.,,/, ,h, ,r_'o, lau u...,.4 dI"IIII".....' ,ltl, _ 4Iq _/ ' 19---,
if /I co,p,,'." "."'0', " It., cIIIII.4 III ..... ,. b. "'''" .IUlI" ".'1IJJfJl.4 ", .. .I/I~" 0' .,It., pn'o" 4."
all,h",,~.d '0 do ,. b, om, 0/'" b"",,1 ./4'''''0''.
THII INIT"UMENT WILL NOT ALLOW UII 0' THE '''OPEATY DI.
IC""ID IN TH.I INITRUMINT IN VIOLATION 0' ""UCA..I LAND
USI! LAWS AND REGULATlONI. ..'OAII.IIN'NG OA ACCIPTlNG
THlIlNlnUMlNT, THE 'I"ION ACQ"'''ING '11 TITLE TO THI .:
'''O'I''TY IHOULD CHECK WITH THI! ...""O'''IATI CITY 0"
COUNTY 'UNNING DE'ARTMENT TO VI"lfY A"'ROVED UIII,
ST.4TE OF ORBGON, COli." of
7711, '"It'UIII.'" Will IIckllow..4,." b~o,. ... o.
by
111" '111".111'''' wu "cbow,.d,,,, "~.,, III' ..
by
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NO'4ry P,,""./or 0"'0"
111 co"u,dlllolt upl,,,
Ahll ........ r.hInIMa
.""NtRa NAIl. ~II ADDIl'"
...AClIlUIIlVlO
POll
IIICOIlOIIl'I UII
STAm OF OREGON,
Co..ty ,,/ M.,'oll
1 c."l/1 ,It III ,It. w"h'" '11"'''-
III'''' Will ,.cdll.tl/o, ,.co,4 Oil ,h.
_d"7o/. ,19_,
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1'.,. 0' III /../fl..IIII"'u-
111.,.,1111"'0/1'",1""1"'011 No
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WI'''.IIIII)' h.rul .lId ..4' 0/
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"AMI. ADOA'... II'
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15A
MEMO
TO: Mayor and City Council
FROM: Woodburn Planning Commission
SUBJECT: Site Plan Review "5 L~
DATE: December 13, 1994
At their hearing of November 8, 1994 the Planning Commission approved Site Plan
94-22, with conditions.
I. APPLICANT:
Randy Saunders, RSS Architects
2263 Country Club Road
Woodburn, OR 97071
For Woodburn Construction Company
II. NATURE OF APPLICATION:
The structure will serve as administrative offices for Woodburn Construction
Company. The building, site improvements, landscaping, and parking are as
delineated on the attached and enclosed drawings. The proposed project is in
compliance with applicable requirements as stated in the City of Woodburn
Zoning Ordinance. The owner has intentions of further developing this parcel
in later phases of construction as shown on the submitted site plan.
III. RELEVANT FACTS:
.
The property is located on lot 6 of Northwood Plaza office park on Ray
J. Glatt Circle.
.
The site is zoned CO Commercial Office.
.
The proposed use is permitted outright.
.
A site plan is attached.
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15A
OVICINITY MAP
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16A
MEMO
TO:
Mayor and City Council
FROM:
Community Development Department ~J-~.
SUBJECT:
Population and Housing Totals
DA TE:
December 15, 1994
The city has recently received the population and housing totals
that were gathered by Portland State Population Research
Center Personnel.
Additional information as to age and sex characteristics,
population distribution by census area are forthcoming.
Additionally, staff anticipates that center will be providing an
economical profile of the city.
T
City of Woodburn
16A
Total Population 15232 All Occupied Units 5280
Household Population 14927 owner Occupied 3392
GrOup Quarters Population 305 Persons 8369
Renter Occupied 1656
Persons 5719
Unknown Occupied 232 j.
All Housing Units 5461 Persons 839
Uninhabitable 10
Single Family, Site-built 3391
Owner Occupied 2782
Persons 7147
AU Inhabitable Units 5451 Renter Occupied 450
Vacant or Seasonal 171 3.1% Persons 1764
Occupied 5280 96.9% Unknown Occupied 159
Population 14927 Persons S03
PefSOM per household 2.83
Apartment or Duplex unit 1226
Single Family, Site-built 3508 Owner Occupied 12
Vacant or Seasonal 117 3.3% Persons 42
Occupied 3391 96.7% Renter Occupied 1173
Population 9414 Pef$oM 3846
Persons per household 2.78 Unknown Occupied 41
Persons 271
Apartmem or Duplex unit 1253
Vacant or seasonal 27 2.2% Manufacturecl or Mobile Home 650
Occupied 1226 97.8"- Owner Occupied 591
Population 4161 Persons 1170
Persons per household 3.39 Renter OCcupied 29
Persons 93
Manufactured or Mobile Home 671 Unknown Occupied 30
Vacant or Seasonal 21 3.1% Persons 61
Occupied 650 96.9%
PopUlation 1324 Other Units 13
Persons per household 2.04 Owner Occupied 7
Persons 10
Other Units 19 Renter Occupied 4
Vacant or Seasonal 6 31.6% Persons 14 .
Occupied 13 68.4% Unknown Occupied 2
Population 28 Persons .-
Persons per household 2.15
~
168
M E M 0 RAN DUM
December 14, 1994
To: City Council through the City Administrator
From:
Communications Manager Marianne Wolf ~
SUBJECT: ORS 190 DRAFT AGREEMENT
Attached for your review is the proposed Intergovernmental Agreement for
Communications Services (ORS 190 9-1-1 Agency). This document is intended
to accomplish the creation of an independent ORS 190 agency as originally
visualized and discussed at a Council workshop held on March 29. 1993.
The Council further considered this matter on April 26, 1993. in the form
of discussion of a letter from the User Board requesting the city's
part i ci pat ion in the research and p 1 anni ng of an independent ORS 190
agency. The initial draft of this agreement was provided to Council in
August, 1993, and a Counci 1 workshop was held on February 2, 1994, to
discuss it.
The Council voiced general support of the agreement during the workshop,
however considerable discussion was spent on the issues of shared
liability (equal vs. proportionate) among the participating agencies, and
the desire for an executive board to be established in addition to the
user/policy board. At the conclusion of the workshop, the Council's
direction was to revisit the issue once the agreement was to the point of
requiring Council action.
Since that workshop. many hours have been invested in developing and fine
tuning an agreement which addresses the concerns of the city and of the
other user agencies. This draft represents the ninth progressive working
draft of the agreement, whi ch in some respects has seen si gni ficant
changes since last reviewed by the Council.
The numerous agencies currently receiving services from the communications
center have a vested interest in this agreement moving forward, however
the City of Woodburn is the largest of the agencies involved with the
center, with realistically the most at stake in financial terms.
Therefore it is extremely important that the Council spend time reviewing
the agreement and meet to discuss with staff, issues or concerns that they
have regarding the agreement prior to making any final commitment by the
city to such an agreement.
Staff recommends a Council workshOp be held on Thursday. January 5. 1995.
at 7:00 p..., to discuss the agreement prior to formal approval. This
workshop date was selected to prov; de the greatest degree of balance
between the regul ar January Council meeting dates and other workshop
sessions that will likely need to be scheduled during the month.
~
168
INTERGOVERNMENTAL AGREEMENT
FOR COMMUNICATIONS SERVICES
PREAMBLE
THIS AGREEMENT is made and entered into by and between the Aurora
Fire District, City of Aurora, City of Donald, City of Gervais, Hubbard Fire
District, City of Hubbard, Monitor Fire District, Woodburn Fire District, City of
Woodburn, St. Paul Fire District, Marion County Sheriff's Office, Woodburn
Ambulance, and the City of St. Paul.
WITNESSETH:
WHEREAS, the undersigned desire to establish and maintain a Public
Safety Answering Point (PSAP) and consolidated communications center, and
WHEREAS, ORS 190.010 authorizes governmental entities to agree to
the joint provision of communications services and to create an Agency to
provide these services; and
WHEREAS, it is one of the objectives of said Agency to provide
consolidated telephone, radio and alarm communications and dispatching
services; and
WHEREAS, the creation of said Agency will provide improved police, fire
and medical aid service communications within the boundaries of the area
served; and
WHEREAS, the establishment and maintenance of such services will be
of substantial benefit to the citizens of the undersigned member jurisdictions
and the public in general.
NOW, THEREFORE, it is agreed and as follows:
SECTION I - DEFINITIONS
The terms used in this Agreement shall have the meanings set forth in
this section.
A. Agencv - North Marion County Communications (NORCOM)
B. Agreement
Communications Services.
This Intergovernmental Agreement for
C. Designated Votina Reoresentative The individual who has been
authorized by a member agency or member jurisdiction to vote on issues before
the User Board.
D. Director - The chief administrative officer of NORCOM.
PAGE 1 - INTERGOVERNMENTAL AGREEMENT
168
E. Fiscal Year - One funded year of operations, beginning on July'
and ending on June 30 of the following year.
F. Member Agencv - A non-governmental entity that has signed this
Agreement.
G. Member Jurisdiction - A governmental entity that has signed this
Agreement.
H. NORCOM - Acronym for North Marion County Communications.
I. Public Safety Answering Point (PSAP) - A 24 hour communications
facility answering 9-'-' calls originating within a given service area, and
processing those calls by direct dispatch, call relay or transfer to the
appropriate public or private safety agency.
J. Quorum - A majority of the members of the User Board who must
be present for the valid transaction of business.
K. Second Vice-Chair - The officer elected by the User Board to act
as User Board Chair in the absence of the Chair and Vice-Chair.
l. ~ - An entity using the services of NORCOM, including but not
limited to member agencies and member jurisdictions.
M. User Board - The governing board of NORCOM as further specified
in this Agreement.
N. User Board Chair - The officer elected by the User Board to preside
over the User Board.
O. Vice-Chair - The member elected by the User Board to act as the
Chair in his or her absence.
SECTION .. - POWERS AND AUTHORITY
A. There is established an Agency to be known as North Marion
County Communications, and referred to as NORCOM. Said Agency shall have
the responsibility and authority, among others, for emergency service
communications and functions incidental thereto, for the purpose of
communicating and dispatching in the furtherance of public safety and
emergencies within the boundaries of its service area.
B. Supervision and management of NORCOM shall be exercised by
a Director by authority of the NORCOM User Board.
C. NORCOM is vested with all powers, rights and duties necessary
for performing the functions of a 9-'-' Public Safety Answering Point (PSAP)
PAGE 2 - INTERGOVERNMENTAL AGREEMENT
T
168
and initiating appropriate response pursuant to ORS 401.710 to 401.790,
including, but not limited to, contracting for such services.
SECTION III - NORCOM USER BOARD
A. The User Board shall consist of the following members:
1 . One elected official and one administrative representative from
each member jurisdiction, and
2. One administrative representative from each member agency.
3. As of the date of this Agreement, the member jurisdictions and
member agencies with designated voting representatives on the User
Board, are as follows:
(a) City of Aurora
(b) City of Donald
(c) City of Gervais
(d) City of Hubbard
(e) City of St. Paul
(f) City of Woodburn
(g) Aurora Fire District
(h) Hubbard Fire District
(i) Monitor Fire District
(j) St. Paul Fire District
(k) Woodburn Fire District
(I) Woodburn Ambulance
(m) Marion County Sheriff's Office
4. Ex-officio non-voting agencies on of the User Board
(a) Oregon State Police
(b) Buck Ambulance
5. Additional member agencies and member jurisdictions may be
added provided in Section XIII.
6. Each member agency and member jurisdiction, except ex-officio
non-voting agencies, shall have one vote that may be exercised by its
designated voting representative. Designated voting representatives
shall be entitled to vote on all matters before the User Board unless
prohibited by law.
7. Each member agency or member jurisdiction may exercise its own
vote but shall not represent another member agency or member
jurisdiction by proxy.
PAGE 3 - INTERGOVERNMENTAL AGREEMENT
T
168
8. In the event of a vacancy, the affected member agency or
member jurisdiction shall submit, in writing, within 30 days, the name of
a representative to fill the vacancy.
9. When an entity is no longer a user of NORCOM, its representation
on the User Board shall cease. New member agencies or member
jurisdictions of NORCOM added subsequent to the execution of this
Agreement shall be entitled to representation on the User Board as
outlined in subsections 1 and 2 above.
B. The User Board shall be governed by the following procedures:
1. Officers of the User Board shall be the Chair, First Vice-Chair and
Second Vice-Chair.
(a) The User Board shall elect officers at the first organizational
meeting and the term of these officers shall be through
December 31 st of the following year.
(b) Officers shall be elected, thereafter at the first meeting in
January of even numbered years.
(c) The term of office for officers shall be two years.
(d) If an officer is unable to complete his or her term, he or she
will notify the User Board in writing. The User Board shall
accept nominations for the vacant position, and hold an
election at the next regularly scheduled meeting to fill the
vacancy.
2. The User Board shall meet monthly. Special meetings may be
called at any time by the User Board Chair or at the written request of
any three (3) member agencies or member jurisdictions upon at least
three (3) days prior written notice. An emergency meeting may be held
on such notice that is reasonable under the circumstances.
3. For the purpose of conducting business, a quorum shall consist of
the designated voting representatives of no less than 51 % of member
agencies and member jurisdictions.
4. The affirmative vote of a majority of the designated voting
representatives of the User Board present at a board meeting, shall be
necessary to decide any question or issue before the User Board.
5. All meetings of the User Board shall be noticed and held in
accordance with the Oregon Public Meetings Law, ORS 192.610 -
192.690.
6. Unless otherwise provided, Robert's Revised Rules of Order shall
govern all procedural matters relating to business before the User
Board.
PAGE 4 - INTERGOVERNMENTAL AGREEMENT
~
168
7. The User Board may adopt such policies and procedures as may
be necessary to conduct its business, consistent with this Agreement.
8. The User Board may approve, modify or terminate agreements on
behalf of NORCOM to provide emergency service communications to
include emergency call reception and/or dispatch services to any person,
firm, corporation, local government or agency of government.
C. The User Board shall be responsible for:
1. Establishing employment terms and conditions, including
compensation and termination of a Director.
2. Establishing NORCOM service levels.
3. Adopting an annual operating budget, in accordance with ORS
294.900 to 294.930, including determination of participating jurisdiction
assessments (in accordance with an agreed upon User Fee Formula).
Refer to Section VII.
4. Providing an annual audit of NORCOM's finances by an
independent accounting firm (CPA) for the purposes of receiving an
opinion on the financial statements of NORCOM.
5. Promulgating rules for the orderly management of NORCOM's
personnel matters.
6. Approving new users of NORCOM.
7. Adopting a Personnel Policies Manual and Standard Operating
Procedures (SOP's) for NORCOM.
SECTION IV - DIRECTOR
A. The User Board shall select and appoint a Director based upon
administrative and technical competence.
B. The Director shall be the chief administrative officer of NORCOM
and shall be responsible for:
1 . Agency administration, personnel, purchasing and budget
functions, in conformance with 9-'-' policies and rules adopted by the
User Board.
2. Dispatching, phone answering, record keeping, security and other
NORCOM functions in conformance with 9-'-' policies adopted by the
User Board.
PAGE 5 . INTERGOVERNMENTAL AGREEMENT
T
168
3. Hiring, training, discipline and/or discharge of all subordinate
NORCOM personnel, subject to applicable Agency rules and policies.
4. Attending and providing executive staffing of User Board
meetings.
5. Preparing and presenting a Personnel Policies Manual and
Standard Operating Procedures (SOP's) to the User Board for review and
adoption.
6. Preparing and presenting to the User Board a proposed budget for
each budget year.
SECTION V - PERSONNEL
A. The Director shall submit to the User Board a proposed Personnel
Policies Manual for adoption. Personnel policies shall conform to state and
federal law.
B. The Personnel Policies Manual shall provide for initial appointment
to the Agency's staff, in accordance with Oregon law. Subsequent employees
shall be appointed by the Director in accordance with the approved operating
budget and the Personnel Policies Manual.
SECTION VI - P.S.A.P. DESIGNATION
A. NORCOM is designated by the member agencies and member
jurisdictions as their P.S.A.P. and shall be responsible for coordinating and
controlling emergency telephone communications planning and operations
including dispatch and telephone answering services.
B. NORCOM shall receive and disburse 9-1-1 telephone tax revenue
in accordance with the requirements of Section 2 of the Emergency
Communications Act of 1981 (ORS 401.710 through ORS 401.790, including
Sections 10 to 20, chapter 533, Oregon Laws 1981.)
1. Quarterly 9-1-1 telephone tax revenue received by the cities of
Woodburn, Aurora, Donald, Hubbard, Gervais and St. Paul, and that
portion received by Marion County for the 981, 982, 634, 792, and 678
prefix areas outside the corporate limits of the aforementioned cities,
shall be consolidated into a single 9-1-1 Communications Fund that shall
be maintained by NORCOM.
2. Revenues and expenditures from said fund shall be administered
by NORCOM in accordance with its operating policies and procedures
and Oregon law.
PAGE 6 - INTERGOVERNMENTAL AGREEMENT
16B
3. P.S.A.P. telephone tax revenue shall be expended as allowed
under Oregon Administrative Rule 140-80-060 and any other applicable
law.
SECTION VII - BUDGET FUNDING
A. The proposed operating budget shall be developed by the Director,
and presented to the User Board for review and adoption. The Agency budget
process shall conform to Oregon Budget Law.
B. The Director shall forward to each member agency and member
jurisdiction, a proposed budget by the fourth Monday in January preceding the
budget year and the NORCOM budget committee shall, to the extent
practicable, approve a budget by the fourth Monday in March. To the extent
practicable, the budget shall be distributed by the Director in adequate time for
each member agency and member jurisdiction to make decisions and include
the appropriate amount in its annual budget. The budget period shall be on a
fiscal year basis beginning on the first day of July of each year and ending on
the thirtieth day of June of the next succeeding year.
C. Each member agency and member jurisdiction participating in cost
sharing shall pay its share of the budget in twelve equal installments payable
on or before the tenth of each month or quarterly payments due on or before
the first day of the next quarter.
D.
below:
Funding shall be based upon the cost sh8ring formula described
1. As a Public Safety Answering Point (PSAP), NORCOM shall
receive and disburse the 9-1-1 telephone tax revenue received from
member jurisdictions in accordance with Oregon law pertaining to the
collection and expenditure of such funds.
2. To the extent that this Agreement is in effect during fiscal year
1994-95, operational costs which exceed anticipated annual 9-1-1
telephone tax revenue, shall be assessed to users on a percentage basis
determined by the number of computer aided dispatch entered calls for
service, per user.
3. The funding formulas between law enforcement and fire/EMS
users in the support of NORCOM shall be as follows:
(a) In fiscal year 1995-96, needed funding in excess of 9-1-1
telephone tax revenue shall be assessed with law
enforcement users paying 65 % and fire/EMS users paying
35% of projected required revenue.
1 . Law enforcement user fees shall be determined by
population. Population figures shall be obtained from the
PAGE 7 - INTERGOVERNMENTAL AGREEMENT
168
most current certified Portland State University annual
census statistics available. Each user's percentage of the
total shall be the percentage used to assess that user's fee.
2. Fire/EMS user fees shall be assessed to the user's
percentage basis determined by the number of computer
aided dispatch entered calls for service, per user.
(b) In fiscal year 1996-97, needed funding in excess of 9-1-1
telephone tax revenue shall be assessed with law
enforcement users paying 60% and fire/EMS users paying
40% of projected required revenue.
(c) The 60/40 distribution formula shall be reviewed by the
User Board when there is any change in the number of
users. The distribution formula may also be reviewed at
any time at the discretion of the User Board. In the event
new user assessments are negotiated and adopted by the
User Board, the assessment formula shall be attached to
this Agreement as an addendum.
(d) Any changes in the funding formulas concerning law
enforcement and fire/EMS users shall be attached to this
Agreement as an addendum.
E. New users who contract with .NORCOM shall be assessed an
initial, one-time fee equal to 10% of that user's projected user fee; OR an
impact fee (as appropriate) which shall be determined by the User Board with
consideration being given toward user call activity, needs for additional staffing
and/or equipment to support the new user; whichever is greater.
SECTION VIII - EQUIPMENT
A. Attached to this Agreement as Exhibit A, is an inventory of all
assets of the communications center ,which shall be transferred to NORCOM
upon execution of this Agreement. Also identified are those assets located
within or utilized by the communications center that shall remain the property
of member agencies or member jurisdictions.
B. The User Board is responsible for providing and maintaining the basic
equipment to serve the users. This includes, but is not limited to, the 9-1-1
telephone system, NORCOM business lines, CAD computer system, and radio
dispatch consoles. The User Board is responsible for maintaining the existing
base radio stations. Each local entity shall be responsible for purchasing,
maintaining and repairing their own mobile and portable radio equipment. If a
user wishes to add specific equipment to NORCOM to enhance their operation,
it must be authorized by the User Board.
PAGE 8 - INTERGOVERNMENTAL AGREEMENT
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168
C. Individual equipment added by a user must be purchased and
maintained by that user. The user and the Director shall maintain inventory
records to show what items are NORCOM owned or individual user owned.
In case of dissolution of NORCOM, or withdrawal of the lending user from
NORCOM, such assigned or loaned items shall be returned to the lending user.
In the case of dissolution of NORCOM, all other items, or funds derived from
the sale thereof, shall be refunded and distributed to the member agencies and
member jurisdictions in proportion to their financial participation averaged over
the preceding three-year period.
SECTION IX - RADIO FREQUENCIES
Nothing in this Agreement is intended to alter or effect the existing
proprietary rights of the users in certain radio frequencies. All users shall
retain any and all legal rights to radio frequencies which they possessed prior
to their execution of this Agreement.
SECTION X - INSURANCE
NORCOM shall provide such available liability insurance coverage as will
suffice to cover its total exposure under the Oregon Tort Claims Act. In
addition, each participating member jurisdiction and member agency shall
provide its own coverage for any liability which may result from membership
in NORCOM.
SECTION XI - REVIEW AND EVALUATION
This Agreement shall be reviewed annually, prior to December 31 st, by
the User Board to evaluate the efficiency of the present organizational
structure.
SECTION XII - AMENDMENTS
The terms of this Agreement may only be amended with the consent
of two-thirds of the member agencies or member jurisdictions who have
signed this Agreement or any addenda hereto.
ECTlON XIII - ADMISSION OF NEW PARTIES
Additional member agencies or member jurisdictions, may be added to
this Agreement upon such terms and conditions as agreed upon by two-thirds
of the member agencies and member jurisdictions who have signed this
Agreement. The admission of such additional member agencies or member
jurisdictions shall be incorporated by written addenda to this Agreement,
signed by all then existing parties and any additional member agencies and
member jurisdictions.
SECTION XIV - ARBITRATION
PAGE 9 - INTERGOVERNMENTAL AGREEMENT
~
Any controversy in regard to the application or interpretation of this
Agreement may be submitted to and determined by arbitration in accordance
with ORS 36.330 - ORS 36.365.
168
SECTION XV - TERMINATION
This Agreement shall be automatically extended from year to year. No
member agency or member jurisdiction may terminate this Agreement without
giving written notice to all other member agencies and member jurisdictions
not less than six (6) months prior to the end of the fiscal year. Such
termination shall become effective at midnight of the last calendar day of the
fiscal year in which such notice is given.
SECTION XVI - NOTICE
Any notice provided for under this Agreement shall be sufficient if in
writing and delivered personally or deposited in the United States Mail, postage
prepaid, certified mail, return receipt requested.
SECTION XVII - INTEGRATION
A. This Agreement contains the entire agreement and supersedes any
prior written or oral discussions or agreements.
B. Specifically, the Intergovernmental Agreement between member
Agencies of the Woodburn 9-1-1 P.S.A.P., (executed in 1987) is repealed and
replaced by this Agreement.
C. To the extent that this Agreement is inconsistent with the
Annexation Agreement between the City of Woodburn and Woodburn Rural Fire
Protection District #6 (effective July 1, 1984) this Agreement repeals and
replaces the provisions of the Annexation Agreement.
SECTION XVIII - EFFECTIVENESS OF AGREEMENT
This Agreement shall become effective on July 1, 1995.
SECTION XIX - COUNTERPARTS
This Agreement may be signed in counterparts. Each member agency
and member jurisdiction shall send one copy of this Agreement signed by its
authorized signatory to: Director, NORCOM, 270 Montgomery Street,
Woodburn, OR 97071. Such copy shall also list the name and address of the
person to whom all notices under this Agreement are to be sent.
PAGE 10 - INTERGOVERNMENTAL AGREEMENT
~
16C
MEMO
TO:
Mayor and City Council
FROM:
Chris Childs, City Administrator
tAt,
SUBJ.:
DATE:
December 14, 1994
Following the council workshop of November 2, 1994 concerning the merits of
continuing a franchise arrangement for ambulance service, I provided a summary recap
of the workshop to the council at its November 14, 1994 meeting. The concensus
of discussion at that time suggested that a second such workshop would be in order
to allow for broader participation on the part of council members. It was agreed that
a workshop should be scheduled after the first of the year, with an exact date
dependent on the availability of representatives of the Marion County Ambulance
Service Area (ASA) board.
I have accordingly been able to schedule this workshop for Mondav. Januarv
30. 1995. 7:00 o.m.. city council chambers. Mr. Joe Fowler of the. Marion County
Health Department and Mr. Mike Hanson, liaison from the Marion County Legal
Counsel's office, have graciously agreed to meet with the council that evening to give
an overview of the Marlon County ASA Plan and discuss or answer questions
regarding the relative levels of ambulance regulation provided through the ASA Plan
and/or applicable state regulations. A clear understanding in this area will assist the
city in determining the appropriate level of regulation desireable locally (through city
franchise ordinance).
We are fortunate in that January provides an "extra" Monday on which this
workshop could be scheduled in such a manner that it does not conflict with other
equally important council workshops also scheduled for the month of January.
~
. .'
160
MEMO
FROM:
City Council through City Administrator
Community Development Director~
Mill Creek Pump Station Status Report \
1
~
TO:
SUBJECT:
DATE:
December 15, 1994 (10:00am)
I would like to inform the council that the 200 HP motor has been overhauled but the backup
pumping system for Mill Creek Pump Station is not functioning properly. Although two parts
flown from Illinois have been installed, the difficulty with the control system is still causing
a problem and GE engineers have not been able to resolve it. We will have CH2M Hill
engineers analyze the situation on Monday. To increase the reliability, staff is working on
the following:
1 ) A contract to construct a switching device that will allow use of motor "1" or motor
"2" using the available good control board. The estimated cost of material and labor
for this device is $5,000. This work will be considered to be very urgent, and it will
take approximately one to two weeks to accomplish it.
2) Engineering evaluation and planning to replace the unreliable control system. An
electrical engineer from Corvallis office of 'CH2M Hill will start analysis on Monday.
This work is being considered as urgent also, but not as pressing as item "1. above.
Please note the following:
A) The existing working motors and control system are capable of pumping the entire
city sewage from Mill Creek to the plant, unless some other problem arises.
B) Replacement of the unreliable control system can be accomplished within the
approved budget, therefore, the governing body does not have to worry about the
money to solve this problem.
Note: Federal agencies have insisted that treatment facilities must include equipment
replacement fund and City of Woodburn has followed this policy.
Any new development will be brought to the attention of the council at the regular meeting
of December 19.
MCSTAT .CC
T
16E
MEMO TO:
MAYOR AND CITY COUNCIL
FROM:
MARY TENNANT, CITY RECORDER
DATE:
DECEMBER 15, 1994
SUBJECT:
OFFICE CLOSURES DURING CHRISTMAS/NEW YEAR HOLIDAY
As provided by the AFSCME contract and the city personnel manuel, paid holidays are
granted to full-time employees on the following December/January dates:
December 24th
December 25th
January 1 st
The last half of the day
Full day
Full day
This year, Christmas and New Year's Day holidays fall on Sunday, necessitating the
closure of certain offices on different days. For your information, aschedule of office
closures is provided below.
Administrative Offices. Finance. Court. Public Works. and Parks:
These offices will be closed on Friday, December 23, 1994 from 12:00 noon until
Tuesday, December 27, 1994 and also will be closed on Monday, January 2, 1995.
Woodburn Public Librarv:
The Library will be ooen on Fridav. December 23 at 8:00 a.m. until noon. will close
at noon and reopen on Tuesday, December 27, 1994. The Library will be closed on
December 31, and January 1 and 2, 1995.
Woodburn Police Business Office:
The Woodburn Police business office will be closed on Friday, December 23, 1994
from 12:00 noon until Tuesday, December 27, 1994. This office will also be closed
on Monday, January 2, 1995.
/