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Agenda - 04/26/1993CALL TO ORDER AND FLAG SALUTE ROLL CALL MINUTES A. Council minutes: April 12, 1993 regular and executive session and April 14, 1993 executive session. B. Planning Commission minutes of April 8, 1993. APPOINTMENTS AND ANNOUNCEMENTS APPOINTMENTS A. Appointment of Cindy Graham to the Cable Television Advisory Board, with term to expire December 31, 1994. ANNOUNCEMENTS A. April 29, 1993 - 7:00 p.m. - Transportation Task Force meeting. City Hall, Council Chambers. COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn Comeback Campaign COMMUNICATIONS A. Written - Norcom 911 User Board Page 1 - Woodburn City Council Agenda of April 26, 1993. 3A 3B 4A 6A 7. BUSINESS FROM THE PUBLIC (This allows public to introduce items for Council consideration not already scheduled on the agenda.) 8. PUBLIC HEARINGS 9. TABLED BUSINESS A. Motion to withdraw from the Mid-Willamette Council of Governments. 10. GENERAL BUSINESS A: Council Bill No. 1466 - Resolution authorizing the transfer of operating contingency appropriations during fiscal year 1992-93. (Re: repair of earthquake damage to Community Center fireplace). B. Council Bill No. 1467 - Resolution declaring the City's election to receive State revenues during fiscal year 1993-94. C. Council Bill No. 1468 - Resolution authorizing entering into wastewater agreement with Agripac. D.Engineering report on traffic signal at the K-Mart/Bi-Mart access to Oregon Route 214. E. Council Bill No. 1469 - Resolution setting public hearing on special assessment for installation of traffic signal at Bi-Mart/K-Mart access with Hvvy 214. F. Disposal of surplus Industrial Park real property. G. Sound amplification permit - Centro Cultural for Cinco de Mayo celebration on May 2, 1993. H. Solicitation permit - Oregon State Public Interest Research Group (OSPIRG). 11. APPROVAL OF CLAIMS 12. PUBLIC COMMENT 13. NEW BUSINESS 14. SITE PLAN ACTIONS 15. STAFF REPORTS A. State Highway Project Update. B. Availability of property adjacent to City Hall. 16. 17. MAYOR AND COUNCIL REPORTS ADJOURNMENT 9A 1OA -1OB 1OC .1 OD 1OE 1OF lOG 1OH .1 5A 15B Page 2 - Woodburn City Council Agenda of April 2(}, 1993. COUNCIL MEETING MINUTES April 12, 1993 SA TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 12, 1993. OOO3 CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kelley presiding. 0014 ROLL CALL. Mayor Kelley Present Councilor Arntzen Present Councilor Figley Present Councilor Galvin Present Councilor Hagenauer Present Councilor Jennings Present Councilor Sifuentez Present 0021 0051 OO63 Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police Lts. Eubank and Null, Finance Director Gritta, Park Director Holly, Libary Director Sprauer, Public Works Manager Rohman, City Recorder Tennant MINUTES. JENNINGS/FIGLEY .... approve the workshop, executive session, special and regular meeting minutes of the Council held on March 15, 22, 27, 29, and April 5, 1993; and accept the Recreation and Park Board minutes of March 22, 1993. Councilor Figley requested that the Special Council minutes of Mar'ch 27, 1993, tape reading 1076, be corrected to read uninhabitable. The motion passed unanimously with the correction. MEETING ANNOUNCEMENT. Mayor Kelley stated that the Council will hold an executive session on Wednesday, April 14, 1993, 8:00 a.m., City Hall, for the purpose of discussing issues relating to labor negotiations. PROCLAMATION - NATIONAL LIBRARY WEEK. Mayor Kelley declared the week of April 18 - 24, 1993 as Woodburn Library Week. The proclamation is posted on the City Hall bulletin board for reading by interested members of the community. Page 1 - Council Meeting Minutes, April 12, 1993 TAPE READING 0105 0123 01 63 0204 COUNCIL MEETING MINUTES April 12, 1993 WOODBURN COMEBACK CAMPAIGN REPORT. Councilor Figley stated that the downtown clean-up which was scheduled for Saturday, March 27th, was canceled due to the earthquake damage in the downtown area. The large dumpsters were placed at various locations throughout the City as planned and city residents did participate in the clean-up of yard debris around their own homes. She thanked United Disposal Service and the local residents for the work that was done. LETTER FROM MARION COUNTY COMMISSIONERS RE: TAX COORDINATION PROCESS. Administrator Childs read a letter from the Board of Commissioners stating that other jurisdictions have expressed an interest in voluntarily participatin~g in a tax coordination process for the purpose of discussing what each taxing district is proposing for the next fiscal year. This would be an informal process and the County Commissioners would facilitate the meeting. The item will be brought up for discussion under New Business. LETTER FROM FRENCH PRAIRIE MIDDLE SCHOOL TRAVEL CLUB. Administrator Childs read the letter from the Travel Club requesting permission to provide a service in the residential areas by painting house numbers on the curb for a $5.00 fee during the period of April 17th through May 17th. Administrator Childs stated that the staff did not object to this request. The item will be brought up for discussion under New Business. Orrin Ostrom, President of the Woodburn Museum, stated that the Museum, Gift Shop, and Theater have been temporarily closed down due to the structural damage to the building next door. He requested that the City do whatever they can to expedite the removal of the loose bricks on the other building so that the Museum and Gift Shop can resume their operations. The revenue generated from the Gift Shop is necessary to keep the museum doors open and the theater group needs to be able to practice on the stage for their upcoming performance. He questioned why other businesses in the downtown area were allowed to re-open after the earthquake while their operations was ordered to close down a couple of days after the earthquake. Mayor Kelley stated that the Museum is a City building and there is a potential liability to the City if loose brick or other building materials falls on the museum building and injures an occupant in the building. The owner of the unstable building next door to the museum has been notified of the need to stabilize the their building. After some further discussion, Councilor Jennings stated that this issue would be discussed in more detail under the New Business agenda item. Page 2 - Council Meeting Minutes, April 12, 1993 COUNCIL MEETING MINUTES April 12, 1993 TAPE READING Orrin Ostrom reiterated that it is imperative that the Museum open as soon as possible since they struggle to keep sufficient operational revenues available to meet monthly expenses. 0359 Pat Turnige, Brooks, brought to the Council's attention a Conditional Use proposal (#93-13) regarding the installation of a soil storage facility for petro- leum contaminated soil at the Woodburn Ash landfill. Mr. Turnige provided the Council with copies of the conditional use, County zoning provisions, public contracts statute, and County Planning Division memo to the Hearings Officer. He stated that he was in the business of providing a similar service but felt that there was insufficient information as to what they will actually do with the soil and what is the potential of ground water pollution through leachage. -He also stated his objection to the use of public funds to help subsidize this project when private enterprise is doing similar type of work. 0500 Jim Sears, Marion County Solid Waste Management Director, provided the Council with information that was distributed to the public in August 1992 regarding the proposed treatment of petroleum contaminated soils at the North Marion County disposal site. He stated that the proposal was thoroughly reviewed by the County's 21-member advisory council and a public hearing was held before the advisory council prior to any recommendation by the council on the issue. The County would lease an area to the private firm, PEMCO, to install a mobile facility. The company is required to obtain and adhere to all DEQ permit requirements. Councilor Figley questioned the possibility of leaching and ground water contamination. Mr. Sears stated that the soil will be under cover, therefore, rainfall will not cause the soil to leach and create a ground water pollution problem. Mr. Turnige stated that the soil comes in wet and the County has never explained what the soil will be placed onto in order to eliminate leachage into the soil. His main concern is that if PEMCO is allowed to setup a mobile facility that they follow the same rules and guidelines as other private petro- leum cleaning businesses. Mr. Sears stated that the facility will have a concrete base so as to not con- taminate the ground water. 077,0 PUBLIC HEARING - 1993-94 CITY BUDGET. The public hearing on the 1993-94 Budget, which includes State Revenue Sharing funds, was declared open at 7:28 p.m.. Administrator Childs read his memo to the Council which provided an overview of the proposed budget which was approved by the Budget Committee at their February 25, 1993 meeting. The total budget for all funds is $13,719,387 of Page 3 - Council Meeting Minutes, April 12, 1993 TAPE READING Page 4- COUNCIL MEETING MINUTES April12, 1993 which $1,990,032 in property taxes is necessary to balance the budget. The proposed budget will maintain current service levels as it relates to current population growth. However, the budget does provide for an addition 5.5 full- time equivalent employee positions to keep up with the demand for city services. The new positions included in the proposed budget are as follows: 1) one new full-time position in Wastewater, 2) one new full-time position in Street operations, 3) one new full-time police officer under the Safety Action Team (S.A.T.) program which is partially funded by a grant, 4) increase hours for a Clerk II in Finance from part-time to full-time, 5) increase hours for a Clerk II in Library from 19 hours to 30 hours per week, 6) increase hours of 3 part- time Library staff members from 15 hours to 19 hours per week, and 7) 3 part- time call-takers within the Police Department to implement the Deferred Patrol Response (DPR) program. The total tax levy authority approved by the Budget Committee is $2,723,520 which is a 6% increase over 1992-93. This in- crease will allow the City to continue to receive its proportionate share of the property taxes actually levied within the City. Even though the total tax levy authority may increase by 6%, it is estimated that the net increase in property taxes collected will be 2.9% over the current year's collections. The break- down of the proposed property tax total levy is as follows: General & Transit Funds, $1,681,823; Library Fund, $441,589; and Park & Recreation Fund, $ 600,108. Barbara Lucas, 214 E. Clackamas CI, stated that, as a member of the Budget Committee, she did not vote in favor of the proposed budget. She had pre- pared a letter regarding her thoughts on the budget which was read into the record. She requested that the Council freeze salaries and benefits of city employees and those funds be used to buy-back services. Included in her letter were various areas in which to increase program spending, such as, increasing Library hours of operation, increasing number of employbes in the Parks Maintenance division in order to keep city parks well maintained, and paying back the development funds the amount which was lost with the previous tax subsidy program. Virginia Williams, Budget Committee member, commended Barbara Lucas for her recent study of the proposed budget and she hoped that the Council would consider her suggestions since the vote by the Budget Committee was not unanimously approved. She also agreed with the suggested freeze of salaries and benefits and the need to provide more library and parks maintenance services to the community. She stated that a recent Town Hall TV show focused on increased wages and benefits for government workers along with the retirement program being more lucrative than in the private sector. Administrator Childs expressed his appreciation to the Budget Committee members for their participation and dedication in reviewing the budget docu- Council Meeting Minutes, April 12, 1993 TAPE READING 1475 Page 5- COUNCIL MEETING MINUTES April 12, 1993 ment. He stated that a large share of the increase in personnel services cost is from the additional 5.5 full-time equivalent personnel. In preparing this year's budget, new positions were added in order to provide some additional services to the community. For example, extending the number of hours the library is open to the public requires more personnel service costs rather than materials. In regards to the retirement program, he stated that the higher benefit costs were approved by the Council a couple of years ago within the AFSCME agreement and it was the Council's desire to get the City's private retirement plan closer to that which is offered by the Public Employee Retirement System (PERS). Mayor Kelley declared the public hearing closed at 7:50 p.m.. Councilor Jennings stated that the City subsidized the Police Department with Federal Revenue Sharing funds for a number of years and those funds are no longer available. The relief experienced by the City in those prior years has still not caught up with the City. He stated that the Council has looked into the renegotiating issue for the Police Association and the current negotiating process with the AFSCME union. In regards to the State's proposal to renego- tiate or freeze wages, this issue is still being discussed at the legislative level. If the City were to invite the Police Association back to the table, all issues would be open for discussion and not just wages. Since an arbitrator has the final decision making authority on the contract, it might not be in the City's best interest to re-open the contract at this time. Councilor Arntzen stated that personnel costs include those negotiated increas- es. Councilor Sifuentez stated that the Budget Committee spoke loudly on their concerns and even though no changes may be made this year, next year's budget should include some new and innovative ideas to keep personnel costs down and increase services to the community. Councilor Figley stated that she had voted nay on the issue of freezing wages and benefits at the Budget Committee hearing since she was not sure what the legal issues would be surrounding this type of recommendation. She stated that she shared the same concerns on personnel costs but she did support the budget in its present form. Ballot Measure 5 did cut mid-management level positions and it may be time to evaluate the affordability of certain department head levels. Mayor Kelley stated that the Budget Committee did a good job in reviewing the budget document. He also stated that the biggest problem which was encoun- tered by the committee is that the committee is always faced with the negotia- tions process and can never recommend anything to the Council on this issue since we are always in the middle of the process or just concluding. At the last meeting in June, the Council will be given a proposed ordinance adopting a budget for fiscal year 1993-94. Council Meeting Minutes, April 12, 1993 TAPE READING 1945 2078 2140 COUNCIL MEETING MINUTES April 12, 1993 COUNCIL BILL 1462 - RESOLUTION AUTHORIZING ACCEPTANCE OF CONDI- TIONAL DEED OF GIFT OF A T-33A AIRCRAFT FROM THE UNITED STATER GOVERNMENT; ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH STATE OF OREGON FOR MAINTENANCE OF SAID AIRCRAFT; AND RELEASING YOUTH ADVENTURES INC. FROM A PREVIOUS AGREEMENT. Council Bill 1462 was introduced by Councilor Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor Arntzen questioned who would maintain the aircraft. Councilor Jennings stated that the aircraft was given to the City in 1963 and has been housed at MacLaren School. The school has maintained the aircraft for many years and will continue to do so under the intergovernmental agreement with the State. After a brief discussion on this issue, the bill passed unanimously on roll call vote. Mayor Kelley declared the Council Bill 1462 duly passed. COUNCIL BILL 1463 - RESOLUTION AUTHORIZING CITY ENGINEER TO INITIATE AN ENGINEERING REPORT FOR A SPECIAL ASSESSMENT RELATING TO THE INSTALLATION OF A TRAFFIC SIGNAL AT KMART/BI-MART ACCESS TO HIGHWAY 214. Council Bill 1463 was introduced by Hagenauer. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kelley declared the bill duly passed. COUNCIL BILL 1464 - RESOLUTION SETTING TIME AND PLACE FOR PUBLIC HEARINGS ON THE QUESTION OF WHETHER CERTAIN BUILDINGS WITHIN 3A THE CITY CONSTITUTE DANGEROUS BUILDINGS. Council Bill 1464 was introduced by Councilor Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. Administrator Childs briefly reviewed his memo recommending Council passage of a resolution to set public hearings on seven different buildings located in the downtown area which have been tentatively identified as dangerous buildings by the Structural Engineer and the City's Building Official. City Attorney Shields had also prepared a memo which provided procedural guidelines for the City to follow pursuant to Ordinance 1999. Councilor Jennings stated that the City needs to take action now to expedite the process to allow those businesses that are located next to the damaged buildings to re-open. He suggested that the City provide the museum with plywood to cover their roof and loan plywood to Woodburn Office Supply for the purpose of protecting the existing roof structures on those two buildings. He felt that the City could be held responsible for not allowing undamaged Page 6 - Council Meeting Minutes, April 12, 1993 TAPE READING 2364 Tape 2 Page 7- COUNCIL MEETING MINUTES April 12, 1993 buildings to open even though we are following an established procedure to get property owners to repair buildings classified as dangerous. Councilor Figley also expressed concern regarding the long-term preservation of historic buildings. She stated that the City should do everything they can to insure the safety of the citizens who are in the downtown area even if it is a lengthy process since stabilizing is not the only answer to the problem. Community Development Director Goeckritz stated that a meeting was held with representatives of Woodburn Office Supply, Salud, City staff, and Mayor Kelley to try to expedite the stabilization of the Salud building so as not to endanger the public. He stated that the City had authorized the removal of loose bricks on Saturday, however, the project was more complex than what was anticipated. Another meeting was held earlier today at which time Salud advised the City that another individual was called in to give advice on the situation. One of the concrete chunks which fell onto the Woodburn Office Supply roof weighs as much as 500 lbs. and some truss damage may have occurred to the office supply store. The structural engineer report did state that the loose brick must be removed from Salud's building, however, it is unknown at this time when it may be accomplished. In regards to the museum, the staff advised the Council that the City was ready to remove the loose brick on the building just north of the museum (479 N Front) until it was learned that the double brick wall did not belong to the City. The property owner was not immediately available but he did meet with staff on Friday. Mayor Kelley stated that one of the biggest problems that occurred with this situation was getting the residents of the upstairs apartment complex to move from the building when it was found to be unstable and dangerous. Councilor Jennings questioned why the City still couldn't lay plywdod down and allow the undamaged businesses to re-open and then pursue the loose brick problem. Mayor Kelley stated that we are waiting for the property owner's structural engineer report before the businesses are allowed to re-open. Orrin Ostrom stated that the Museum did operate for about a week after the earthquake before it was ordered to be closed down. Mayor Kelley stated that the City does not want to take a chance on somebody getting hurt. Community Development Director Goeckritz stated that the structural engineer from the City of Portland did look at the building and reported that a problem existed along with corrective action. There has not been another structural engineer to look at the building since the day after the earthquake and the property owner was going to have a structural engineer provide more recent report. Council Meeting Minutes, April 12, 1993 TAPE READING 0280 O358 0496 0524 COUNCIL MEETING MINUTES April12, 1993 City Attorney Shields stated that the staff has started the dangerous building process. The City is proceeding with speed in every practical way to make the buildings safe and re-open businesses as soon as possible. JENNINGS/FIGLEY... Council be informed by Friday if the two businesses are not able to open and report back as to why they will not be allowed to open and the answer should not be that we haven't heard back from a structural engineer. Following some additional discussion, roll call vote was taken on Council Bill 1464 and it passed unanimously. Mayor Kelley declared Council Bill 1464 duly passed. COUNCIL BILL 1465 - RESOLUTION ENDORSING PROPOSAL OF A CHEMEK- ETA COOPERATIVE REGIONAL LIBRARY SERVICE (CCRLS) GENERAL OBLIGA- TION BOND LEVY. Council Bill 1465 was introduced by Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. A memo from Library Director Sprauer provided the Council with information on the proposed bond levy which would replace the current DYNIX computer system and peripherals, replace the bookmobile, replace the courier van, and pay for costs related to the issuance of the bonds and administrative expenses. On roll call vote for final passage, the bill passed unanimously. Mayor Kelley declared Council Bill 1465 duly passed. REQUEST FOR SOUND AMPLIFICATION PERMIT - CINCO de MAYO CELEBRA- TION. Pineros y Campesions Unidos del Noroeste (PCUN) has requested the use of an amplified sound system for their upcoming Cinco de Mayo and International Workers Day celebration. They will be holding their celebration at their office (300 Young Street) on Sunday, May 2nd, between the hours of 12:00 noon and 7:00 p.m.. Within Police Chief Wright's memo to the Council, he recommended that the request be approved. JENNINGS/FIGLEY... request be granted to allow a sound amplification device on May 2, 1993 from 12:00 noon to 7:00 p.m.. Councilor Arntzen questioned if there was any decibel limits placed on the sound amplification. Councilors Jennings and Figley stated that this celebra- tion has been held for several years and the organization has been reasonable and cooperative in keeping the sound amplification at an acceptable level. The motion to grant the request passed unanimously. Page 8 - Council Meeting Minutes, April 12, 1993 3A COUNCIL MEETING MINUTES April 12, 1993 TAPE READING 9580 OLCC LIQUOR LICENSE TRANSFER REQUEST - THE PIER RESTAURANT. Police Chief Wright recommended the approval of a liquor license transfer for The Pier Restaurant, 980 N. Pacific Highway, as submitted by John J. Asparro DBA JOEL Inc. JENNINGS/FIGLEY... recommend to OLCC the approval of the liquor license transfer request by John J. Asparro DBA JOEL Inc.. The motion passed unanimously. 0593 SAFETY ACTION TEAM (S.A.T.) GRANT APPLICATION. In a memo from Police Chief Wright, he recommended that the Council authorize the Mayor to sign a grant application which would provide funding of an additional police officer under the S.A.T. program. The City's share of the grant funding is a 25% cash match, and after discussing the grant program with private donor, it was tentatively agreed to use the $23,500 grant from the private corporation donor toward's the City's local cash match. JENNINGS/FIGLEY .... Mayor be authorized to sign the grant application. The motion passed unanimously. 0608 DONATION TOWARDS PURCHASE OF DUll VIDEO CAMERA. A $1,000 donation was received from Mrs. Edna Allenbach towards the purchase of a video camera and related equipment for the City's Driving Under the Influence of Intoxicants enforcement program. JENNINGS/SIFUENTEZ... accept the donation from Mrs. Allenbach for the purchase of a video camera and related equipment. The motion passed unanimously. It was noted that Chief Wright had sent a letter to Mrs. AIlenbach expressing appreciation for her generous donation. .0631 CLAIMS FOR THE MONTH OF MARCH 1993. SIFUENTEZ/GALVIN .... approve voucher checks //18097 - 18436 for the month of March 1993. The motion passed unanimously. 0661 Grant Williams, 1321 Astor Court, questioned the role of the management team during labor negotiations and who instructs the staff and paid consultant as to the amount of wages and benefits to offer during negotiations. Barbara Lucas expressed her frustration in never being able to voice her opinion on wage and benefit levels since the City is either about to go into negotiations, just out of negotiations, or in the middle of negotiations. Councilor Jennings stated that the Council, during executive sessions, instructs the staff and labor consultant as to the benefit levels to offer. While negotiations are in progress, information discussed in a executive session is not Page 9 -~Council Meeting Minutes, April 12, 1993 TAPE READING 0885 COUNCIL MEETING MINUTES April 12, 1993 for public disclosure. On the City's side, the Council makes the final decision on provisions within the labor agreement which have been tentatively agreed to by both parties, TAX COORDINATION PROCESS. JENNINGS/FIGLEY... voluntarily participate in the Tax Coordination process in Marion County with the privilege of leaving if the sessions are not productive. Councilor Jennings stated that the Tax Coordination process is not a requirement but if the County is willing to extend fellowship and facilitate the process then we should be willing to attend. Councilor Figley also suggested that this type of meeting could also lead to looking at service coordination as a means of saving property tax funds. Attorney Shields stated that the state law which mandated Tax Coordination only lasted for one year and the City is not required to participate unless they so desire. Administrator Childs also stated that the Tax Coordination process generally deals with the total tax levy authority of a non-school governmental taxing district which does affect the City since we only receive a proportionate share of the tax dollars collected. The vote on the motion to participate in the Tax Coordination process passed unanimously. 3A 1017 FRENCH PRAIRIE TRAVEL CLUB REQUEST. JENNINGS/FIGLEY .... authorize the French Prairie Travel Club to paint curb numbers as a fundraising project. Councilor Sifuentez stated that the club will be asking for a 85.00 donation and that she, along with other parents, will be working with the travel club members. Councilors Jennings and Hagenauer expressed their support for the project since house numbers at the curb help the Fire Department and Ambulance Service to respond more quickly to the correct house number when an emergency exists. The motion passed unanimously. 1071 COUNCIL OF GOVERNMENTS MEMBERSHIP. ARNTZEN/ .... withdraw from COG immediately and any savings be transferred to Centennial Park project. Following a brief discussion, the motion was withdrawn. ARNTZEN/SIFUENTEZ .... withdraw from the Council of Governments immediately and any funds saved be earmarked for the swimming pool. Administrator Childs stated that there is a withdrawal provision within the COG agreement which requires the City to provide at least 6 months notice prior to Page 10 - Council Meeting Minutes, April 12, 1993 COUNCIL MEETING MINUTES April 12, 1993 TAPE READING the end of the fiscal year. As a reminder, he stated that the City has been involved with COG since the 1960's and he briefly reviewed a few of the programs the City has been involved with over the last few years. Discussion was held regarding the termination language within the agreement. JENNINGS/FIGLEY... table this issue until a legal opinion is obtained. The motion passed unanimously. 1445 EARTHQUAKE "AFTER SHOCK" STAFF REPORT. Police Lt. Null advised the Council that two de-briefings have been held, one at the County level and the other at the City level, to evaluate the emergency situation. As expected, problems relating to an earthquake arise after the quake and Woodburn has to look at being self-sufficient for the first 48 hours after the quake since we may not be able to depend on assistance from other communities. Police Chief Wright and Fire Chief Hendrix are revamping the current disaster plan and working towards the development of a more extensive plan. Even though a disaster plan was in place at the time of the earthquake it has become obvious that changes need to be made. 1717 COMMUNITY CENTER DAMAGE FROM THE EARTHQUAKE. Park Director Holly stated that the top portion of the brick fireplace was removed last Tuesday and staff will be reporting back to the Council with options available and costs to repair the damage. The Parks Maintenance office at the old sewage treatment plant suffered serious damage to the walls and it has been designated as a limited access area. The swimming pool appears to have some additional surface cracks but more knowledge on the extent of damage will not be known until the pool is ready for operation. Director Holly also advised the Council that Wednesday, April 14th; is the first official meeting of the Pool Committee. 1829 ARCHITECTURAL INTEGRITY OF WOODBURN'S DOWNTOWN HISTORIC DISTRICT. Community Development Director Goeckritz stated that the zoning ordinance requires property owners of buildings within the Downtown Historic District to preserve the historic integrity of structural improvements. Any changes to the buildings involve site plan reviews by the Woodburn Downtown Association and the Planning Commission. 1912 DEPT. OF ENVIRONMENTAL QUALITY (DEQ) HEARING AND CHLORINE VIOLATION. The Council received a copy of the letter addressed to DEQ, dated March 18, 1993, which was submitted as part of the DEQ public hearing as it relates to Page 11 - Council Meeting Minutes, April 12, 1993 COUNCIL MEETING MINUTES April 12, 1993 TAPE READING the Pudding River Total Maximum Daily Load (TMDL) permit. Public Works Director Tiwari stated that DEQ has agreed to negotiate the permit during the Facilities Planning process so that final plant design will be based on permit conditions. In regards to the Chlorine violation, an equipment failure caused an increased amount of chlorine residual over the NPDES permit. The equipment was repaired and the City will be fined $100 by DEQ for the violation. 2046 CARNIVAL LOCATED ON THE PAVED PARKING LOT AT WAL-MART. 2180 2192 2212 2245 Community Development Director Goeckritz stated that the temporary placement of a carnival is defined as a transient business and is permitted as an outright use in a commercial area within the Woodburn Zoning Ordinance as long as it is on a paved area and property owner permission has been obtained. The owner of the carnival, Davis Amusement Co., is a registered business with the City. Exclusion of this type of transient business should be removed from the Commercial General zone, otherwise, such action could be considered as discriminatory in allowing this use at one location and but not in another. Barbara Lucas stated that having a carnival at the Wal-Mart location should be considered as a zoning exception due to the increased traffic generated by the carnival. She stated that she did not object to the carnival but that it should be held at a different location. LETTER TO CITY OF PORTLAND RE: EARTHQUAKE DAMAGE ASSISTANCE. A copy of the Mayor's letter sent to the City of Portland was included in the agenda packet as an informational item, Mayor Kelley requested the Councilors to submit names of citizens' who are interested in serving on various committees which may have vacancies in the future. Councilor Sifuentez stated that she was excited about the prospect of meeting with other members of the Pool Committee and she hoped something beneficial will result from their work. Councilor Hagenauer stated that there are approximately 25 golf cart batteries setting along the property line at 433 Olive Street and a repair business is operated from the residence. He questioned if there was anything that can be done to remove the batteries. Director Goeckritz stated that he would have Code Enforcement investigate the issue. Page 12 - Council Meeting Minutes, April 12, 1993 COUNCIL MEETING MINUTES April 12, 1993 TAPE READING 2291 Councilor Figley stated that she would be attending the next Transportation Task Force meeting to express some concerns that her constituents have brought to her attention regarding the I-5 interchange. Mayor Kelley stated that he would also be giving a map to Task Force Chairman Jennings which was given to him by a gentleman from Senior Estates on the transportation issue. Councilor Arntzen expressed his appreciation to the Parks Department for their inclusion of senior trips in this summer's programs. 2366 2384 2466 EXECUTIVE SESSION. JENNINGS/ARNTZEN .... adjourn to executive session to discuss Emanuel Hospital litigation (ORS 192.660(1 )(h) and a real property transaction concerning the Country Club Road realignment (ORS 192.660(1)(3). The motion passed unanimously. The meeting adjourned to executive session at 9:45 p.m. and reconvened at 10:12 p.m.. JENNINGS/SlFUENTEZ .... Council ratify the final settlement agreement of Emanual Hospital v. City of Woodburn and authorize the City Administrator to make a press release. The motion passed 5-1 with Councilor Figley voting nay. Mayor Kelley stated that no decision was made on the real property transaction which was also discussed in the executive session. 2502 In regards to the special executive session called for Wednesday, April 14th, 8:00 a.m., discussion was held regarding a change in time for the meeting since a quorum would not be present at 8:00 a.m.. Attorney Shields stated that notifying the press of the time change is all that is required since they can monitor what occurs in an executive session but not report on executive session issues until after the Council has taken official action. It was the consensus of the Council to meet at 6:00 a.m. on Wednesday, April 14th, to hold the executive session at which time all Councilors would be able to attend. Mayor Kelley stated that he would have the meeting time changed on the notice. 2697 ATTEST ADJOURNMENT. The meeting adjourned at 10:20 p.m.. APPROVED Mary Tennant, Recorder City of Woodburn, Oregon LEN KELLEY, MAYOR Page 13 - Council Meeting Minutes, April 12, 1993 Executive Session COUNCIL MEETING MINUTES April 12, 1993 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 12, 1993. CONVENED. The Council met in executive session at 9:48 p.m. with Mayor Kelley presiding. ROLL CALL. Mayor Kelley Present Councilor Arntzen Present Councilor Figley Present Councilor Galvin Present Councilor Hagenauer Present Councilor Jennings Present Councilor Sifuentez Present (1) Executive session under the authority of ORS 192.660(1)(h). Staff Present: City Administrator Childs, City Attorney Shields, City Recorder Tennant, Public Works Director Tiwari. City Attorney Shields provided the Council with a status report on the Emanuel Hospital v. City of Woodburn lawsuit. The executive session on this subject closed at 9:52 p.m.. (2) Executive session under the authority of ORS 192.660(1)(e). Staff Present: City Administrator Childs, City Attorney Shields, City Recorder Tennant, Public Works Director Tiwari. The executive session on this subject opened at 9:53 p.m.. Public Works Director Tiwari provided the Council with a status report regarding a proposed real property transaction concerning the Country Club Road realignment. The executive session on this subject closed at 10:00 p.m.. ADJOURNMENT. The executive session adjourned at 10:01 p.m.. APPROVED LEN KELLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page I - Executive Session, Council Meeting Minutes, April 12, 1993 Executive Session SPECIAL COUNCIL MEETING MINUTES April 14, 1993 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 14, 1993. CONVENED. The Council met in a special session at 6:07 a.m. with Mayor Kelley presiding. The purpose of the meeting was to hold an executive session under the authority of ORS 192.660 (1)(d). ROLL CALL. Mayor Kelley Present Councilor Arntzen Present Councilor Figley Present Councilor Galvin Present Councilor Hagenauer Present Councilor Jennings Present Councilor Sifuentez Present Staff Present: City Administrator Childs, Don Scott, and Wastewater Superintendent Sinclair Labor Consultant Don Scott updated the Council on the status of the current labor negotiations with American Federation of State, County & Municipal Employees (AFSCME). The executive session adjourned at 6:45 p.m. and the special session adjourned immediately thereafter since no decision was made by the Council on the items discussed in executive session. APPROVED LEN KELLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - Executive Session, Special Council Meeting Minutes, April 14, 1993 3B MINUTES PLANNING COMMISSION MEETING APRIL 8, 1993 1) 2) 3) 4) 5) ROLL CALL: Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Mr. Johnson Absent Mrs. Warzynski Present Mrs. Henkes Absent Mrs. Grijalva Present Mrs. Bjelland Present Mr. Pugh Present Mr. Bauer Present Mr. Stovall Absent Staff Present: Steve Goeckritz, Community Development Director Teresa Engledinger, City Planner MINUTES: The Woodburn Planning Commission minutes of March 11, 1993 were approved with the correction of page 3 which should have read "build" not "built". BUSINESS FROM THE AUDIENCE: None COMMUNICATIONS: None PUBLIC HEARINGS: A. Comprehensive Plan and Zone Map Amendments, RS to RM Staff read the statement necessary to begin the hearing under ORS 197.763. Staff stated that the nature of the application was to consider the amendment of the City's Comprehensive Plan Map for sites one through four from Single Family Residential to Multi-family Residential. Staff went over the criteria for this application. Staff stated that the background for the request for rezoning these areas was because there was a deficit in the amount of land available for Multi- family uses. This was pointed out by a letter received in September, 1992 from the Land Conservation and Development Commission. Page 1 - Planning Commission Minutes April 8, 1993 SG:bw 3B Staff identified the sites that were being reviewed. Commissioner Pugh asked about the Commission's authority to extend into UGB without annexation first. Staff stated that the Commission has the authority to amend the Comprehensive Plan Map within the UGB. He stated that even though the zone is changed from RS to RM, no tax structures, etc. change until they are annexed into the city. Then the zone will change and that land will be more valuable as RM. Staff recommended approval of Sites 1,2 3 and defer a decision on Site 4 due to the concerns of surrounding property owners of site 4. Site No. I - For site number one located adjacent to Cooley Road and Hwy 211, Vice Chairperson Warzynski asked if there was anyone in the audience who wished to speak for the proposed zone change. There were none. She then asked if there was anyone in the audience who wished to speak against the proposed zone change. Henry Jaeger, Hardcastle, stated that he was concerned as to who would pay for the improvements that would be necessary to Hardcastle to help with the traffic that would be generated by rezoning the land on Cooley Rd. (Site 1) Staff stated that one of the alternatives that the TTF (Transportation Task Force) was working on was that new development will pay a large share of street improvements. Commissioner Bauer stated that his observation was that 4.74 acres was adequate of this type of rezoning. Site No. II - For site number two located on Parr Rd, outside City limits, inside the UGB, Vice Chairperson Warzynski asked if there was anyone who wished to speak for the proposed zone change. There were none. She then asked if there was anyone in the audience who wished to speak against the proposed zone change. Hazel Smith, 105 Ben Brown Lane, stated that there never seems to be enough housing, money to run the city, money for schools. She stated that she owned the land on the north side of Parr Rd. She was concerned by the improvements cost that would be necessary to improve the area for this land. She stated that she felt there is enough RM zone property now. Mick DeSantis, 700 Smith Drive, stated that he felt that there is currently enough RM zone property at this time. Page 2 - Planning Commission Minutes April 8, 1993 SG:bw 3B Staff stated that the properties being re-zoned will probably not be developed for several years but the properties are in the urban growth boundary and will in the future be provided services. Staff stated that they would be willing to talk to the speaker wwho volunteered their land for re-zone. Commissioner Bauer made the observation that Mrs. Smith and Mr. DeSantis had made a reasonable offer to the City and he felt that a decision should be deferred on Site #2 until the Commission has had a chance to review the offer that was made and the potential it provides the City. Commissioner Grijalva agreed with Mr. Bauer to defer any decision until staff and the property owner could get together and work out all the details. Staff stated that this could be deferred but to continue the public hearing so that the entire package could be taken to the City Council. Site No. III - located between Ogle and Brown Streets, south of Bradley Street, inside city limits and UGB, Vice Chairperson Warzynski asked the audience if there was anyone who would like to speak for the proposed zone change. There were none. She then asked if there was any one who wished to speak against the proposed zone change. Rudy Sonnen, 888 Brown St., stated that he was against this proposal, he was concerned that no one said that they have to have more Multi-family. He stated that Woodburn already has its fair share in Iow income and multi-family housing. Tom Shelnutt, Bradley St., stated that he agreed with Mr. Sonnen. Staff stated that any new development would increase traffic. The systems development charges (SDC) are regulated by the state. Woodburn is one of the lowest SD(3 fees in the Willamette Valley. Site No. IV - East Lincoln Street east of Hwy 99E., inside UGB an~l city limits, Vice Chairperson Warzyski asked if there was anyone who wished to speak for the proposed zone change. There were none. She asked if there was anyone who wished to speak against the proposed zone change. Jerry Halter, 1775 E. Lincoln Rd., stated that he supported staffs recommendation in this issue. Doug Carmen, 1614 E. Lincoln Rd., stated that he felt that this property should never be re-zoned to Multi-family. It would not fit into the environment of the surrounding area. Page 3 - Planning Commission Minutes April 8, 1993 SG:bw 3B Dan ????, 1670 E. Lincoln Rd. stated that the Planning Commission sl~ould work on a basis with common sense. He stated that the housing setbacks were such that if the road improvements were done to serve this piece of property that he would not be able to park in front of his garage. Bill Halter, 1771 E. Lincoln Rd., stated that he was opposed the proposed zone change due to the fact that E. Uncoln Rd. is a dead end street and the only access is onto Hwy 99E. Ruth Thompson, 1769 E. Lincoln Rd., stated that she was opposed to the proposed zone change, she felt that the density would be a deterrent to her farm. Mel Byrose, 1560 E. Lincoln, stated that he was opposed to the proposed zone change due to the increase of traffic. Scott Burlingham, 1800 E. Lincoln Rd., informed the Commission that he had presented a letter from himself and his neighbors stating their opposition to the proposed zone change. Vice Chairperson Warzynski asked the Commissioners if they had any comments. Commissioner Pugh stated that he felt the wording in the background information "Goal 10 and 14 require that 27 acres of developable land elsewhere in the UGB be added to the multi-family inventory at the time of approval of the Chappell factory outlet application was simple blackmail and he disliked it. He recommended that the entire package be sent back to staff for review reworking to determine where to put Multi-family if the Commission was going to increase the number of sites for Multi-familyuse. He stated that it was his opinion "he was not going to take being dictated to by the State again and again". Commissioner Grijalva stated that she agreed with Commissioner Pugh. Vice Chairperson Warzynski stated that as the City grew the street'system was going to grow. She stated that whether it was wanted or not, there was going to be growth in Woodburn. , asked that the Commission to consider a motion to remove the Uncoln Street property from any further discussion or consideration as to Multi-family. Commissioner Grijalva stated that she agreed that there was a need for more Multi-family housing in the City. She felt that the whole package should be sent back to staff for review and reworking. Mick DeSantis, 700 Smith Drive, stated that the entire package should be sent back and started over. Page 4 - Planning Commission Minutes April 8, 1993 SG:bw Vice Chairperson Warzynski closed the public hearing. Commissioner Grijalva stated that everyone was comfortable with Site No. I. Site #2: she would like to talk to the people who have the property closer to the school. Site #3: she stated was surrounded by a lot of people already in that neighborhood and she might vote against that site. Site #4: she stated that she would like to see another option with that size of acreage, but she would not defer it yet because it seems like such a cleaner site for Multi-family. Staff asked the Commission which sites they wished him to carry over to the next meeting and which sites they did not wish to have carried over to the next meeting. Commissioner Bauer stated that the 5 acre parcel of Site #1 seemed adequate for Multi-family and he felt that the package should be returned to staff and ask staff for more smaller parcels for Multi-family. Commissioner Grijalva made the motion to accept Site #1 as presented. Defer Site #2 and #4 until the next meeting and say no to Site #3. Commissioner Bjelland seconded the motion. A roll call vote was taken: Commissioner Grijalva Yes Commissioner Bjelland Yes Commissioner Pugh No Commissioner Bauer No Commissioner Warzynski No The motion failed. Commissioner Bauer made the motion to return the package to staff with the recommendation that Site #1 be accepted. Further study is necessary of alternatives parcel throughout the City that are similar to the 5 acres. Commissioner Pugh seconded the motion. Commissioner Grijalva was concerned with the small acreage and developers building barracks on these small acreages. Commissioner Bjelland asked how many apartments could be put on a 5 acres. Staff answered that it depended on the topography, lot configuration, access points to roads, adjoining property uses. Page 5 - Planning Commission Minutes April 8, 1993 SG:bw Commissioner Grijalva was concerned about the limit of 5 acre parcels, She felt the City would loose out on the property close the proposed school on Parr Rd. Commissioner Bauer modified the motion to read "return the package to staff with the recommendation that Site #1 be accepted and further study of alternative sites of 5 acres or more if staff felt they would be appropriate for review. A vote was taken: Commissioner Bauer Yes Commissioner Pugh Yes Commissioner Bjelland Yes Commissioner Grijalva Yes The motion passed. 6) B. Partition No. 93-03 Walter Tuttle, 904 Blaine St. Staff stated that this proposal had been withdrawn. C. Partition No. 93-04 Dick Halter, Hwy 214 & Park St. Staff stated that the applicant wished to divide the property into three parcels. The property is zoned for office and no changes or variances are requested. The applicant, Dick Halter, 13720 Cedar Ct., Aurora, stated that there are no small commercial office space available for anyone who is looking for a place to locate. He plans to taper the high banks down and install some masonry retaining walls and put up one sign for all buildings that would match. There was no one present who wished to speak against this proposal. Vice Chairperson Warzynski closed the public hearing. Commissioner Bauer made the motion to approve Partition No. 93-04 as presented. Commissioner Pugh seconded the motion. A vote was taken and the motion passed, 4 yes, 1 abstain REPORTS: Page 6 - Planning Commission Minutes April 8, 1993 SG:bw 3B Marion County Housing Authority Renovation Plan for the Farmdale Apartments located on W. Lincoln Street. Staff stated that they were improving the apartments and putting a small community center in the area for the apartment residents. B. Property Damage Assessment - Earthquake Damage Staff stated that the basic damage to structures were mainly in the Downtown Historic District. Wal-Mart had a chemical spill that required the fire department to come clean up. The Building Official and the Code Enforcement Officer went out and made damage assessment of local buildings. A Structural Engineer from Portland came and closed 7 buildings. The earthquake hotline set up for damage assessment received 120 calls from residents. Forty businesses were damaged. The Salude Medical Clinic had to be closed. The Smart Shop was damaged. The bank building on the corner of Arthur and Front Street was severely damaged. It looks like business may be able to secure small business loans with Iow interest to help with repairs. C. Building Activity - March, 1993 D. Code Enforcement- March 1993 E. OGA Golf Course - Tukwila Staff stated that the OGA (Oregon Golf Association) has gone in with the Tukwila group to build an 18 hole golf course east of Boones Ferry Road, just north of the High School. Tukwila is planning to add 80 to 90 more housing units similar to what the Commission already approved. This will probably be before the Commission in June. F. Transportation Task Force Minutes - March ,1993 7) BUSINESS FROM THE AUDIENCE: None 8) ADJOURNMENT: There being no further business the Planning Commission meeting was adjourned. Page 7 - Planning Commission Minutes April 8, 1993 SG:bw C TY OF 270 Montgomery Street WOODBURN Woodburn, Oregon 97071 · 982-5222 4A MEMO TO: FROM: SUBJ.: DATE: Mayor Len Kelley Chris Childs, City Administrator ~ Appointment to Cable Television Advisory Board April 20, 1993 RECOMMENDATION: Appoint Cindy Graham, 685 W. Hayes St., to vacant position on the Woodburn Cable Television Advisory Board, term expiring December 31, 1994. BACKGROUND: The Cable Television Advisory Board is a 7-person board. Incumbent appointee Steve Thorson has never attended a board meeting during the last two years and has verbally conveyed to this office that he is not interested in continuing. Cindy Graham is an eighteen-year resident of Woodburn with three school-aged children. Her husband, Jon, a Woodburn native, is employed by Allied Systems in Sherwood. Mrs. Graham has been involved for the last seven years primarily with in- home child care. She is in the process of shifting her emphasis toward volunteer community involvement activities, such as serving on the Cable TV Advisory Board. She is abreast of current cable television developments in Woodburn and has expressed enthusiasm concerning the prospect of participating on this board. Subject to the usual Council approval, the above-named individual is hereby appointed to fill a vacant position on the Woodburn Cable Television Advisory Board expiring December 31, 1994. Le~ Kelley, ~Vlayor / NORCOM 911 User Board April 20, 1993 TO: Woodburn Mayor and City Council 270 Montgomery Street Woodburn, Oregon 97071 RE: NORCOM 911\Dispatch Center On Monday, March 29, 1993, the Woodburn City Council held a workshop with agencies who utilize NORCOM for 911\dispatching services. At the end of the workshop, members of the City Council requested the 911 User Board meet and respond back to the council as to what direction NORCOM should take in establishing an independent ORS 190 and hiring a new director. On Friday, April 9, 1993, the 911 User Board met and discussed four primary issues: 1. The creation of an independent ORS 190 agency. 2. The hiring of a new NORCOM director. 3. 1993\94 Budget revision. 4. Evaluation of NORCOM Independent ORS 190 Aeenc¥: There are basically three options the city has in determining the future of NORCOM (1) leaving the program in it's present form, (2) contract to an outside agency for 911 and dispatching services, and (3) establishing an independent ORS 190 agency in which present users would develop, and contract for 911/dispatching se[vices. The User Board voted unanimously to proceed with the research needed to implement an independent ORS 190 for PSAP and dispatching services. The 911 User Board is requesting the City of Woodburn participate in the researching, planning, and if acceptable to involved agencies, the implementation of an independent ORS 190. The Hiring of a New NORCOM Director: There are presently many projects that the NORCOM director should be working on, such as, researching an ORS 190 agency, developing a PSAP plan for Oregon Emergency Management, installation and implementation of Enhanced 911, and an evaluation of the present 911/dispatch center. The 911 User Board is requesting that the City of Woodburn move as quickly as possible in the hiring of a new NORCOM director. Since the User Board has a vested interest in NORCOM, the board is requesting that members of the User Board be involved, to a reasonable degree, in the selection process and development of the job description\qualifications. Budget Revision: NORCOM PSAP receives 3% 911 phone tax monies from the State, which are presently being used to offset 911 PSAP cost to users of the system. Additional monies are being taken out of the 911 reserve fund to supplement NORCOM budget. It was discussed in the workshop, that the 91 I reserve fund should be used for capital expenditures and maintenance of equipment required by the State to operate a PSAP. Chris Childs explained that in adjusting the budget, to where no money is expended from the reserve 911 fund to offset NORCOM operating budget, would increase user fees about ten and one-half percent. The User Board requests that the City of Woodburn make the necessary budget revision to preserve the reserve 911 funds. Evaluation of NORCOM: The 91 I User Board discussed the importance of getting a new director on board as soon as possible to evaluate NORCOM. The User Board will be requesting a study to be completed in order to determine who is using the center, how it is being used, and how the 911 phone tax money is being utilized for the local PSAP in conjunction with dispatching fees. The evaluation should give the members of the group a clearer picture in maintaining or developing a new fee structure for users of NORCOM. Thank you for your consideration to these issues. Bob Benck, Chair 911 User Board Woodburn Fire Department 9A MEMORANDUM TO: FROM: RE: DATE: Mayor and City Council ~~ N. Robert Shields, City Attorne Notice Requirement for Withdrawal from Governments April 20, 1993 Council of In response to your question concerning the notice requirements involved if the Council decided to withdraw from the Mid-Willamette Valley Council of Governments (COG), I have reviewed the City's agreement with COG which governs this matter. Article XIV of that agreement provides as follows: Any member government may withdraw as a participating member in the Council under this Agreement at the termination of the fiscal year by notifying the Board of Directors of the Council at least six months prior to the end of the fiscal year of its intention to so withdraw. As you can see, this section contains two main requirements in regard to withdrawal. First, withdrawal must occur at the end of a fiscal year. Second, a six month notice must be provided to the COG Board of Directors before withdrawal is completed. Applying these two requirements to the City's present situation, withdrawal could not occur at the end of the 1992-1993 fiscal year because of the required six months notice. However, after the appropriate action by the Council, withdrawal could occur at the end of the 1993-1994 fiscal year since the required notice could be provided by that time. IOA STAFF REPORT TO: _Mayor and City Council THRU::,~/~/~ris Childs, City Administrator FROM: ?)~"'Nevin Holly, Director Recreation and Parks SUBJECT: Community Center Fireplace Earthquake Damage Repair Proposals DATE: April 22, 1993 As documented in the Staff Report presented to you at the April 12, 1993 Council Meeting the Community Center Fireplace suffered major earthquake damage. As a result of this damage the upper portion of the fireplace extending approximately-16' above the roof line was removed by Park Maintenance Staff with the assistance of the Woodburn Fire Department. The three options as to what action to take as a result of the damage were: Remove and replace entire fireplace. Remove top portion of fireplace and rebuild upper half. Remove .entire fireplace and repair outside wall and interior wall and flooring. It is my feeling after receiving three bids from different masonry companies and consulting with the Building Inspector that the best option is to replace the upper half of the fireplace and double brace stabilize the lower half. I might note that upon dismantling the top half of the fireplace it was discovered that no flue, except for a small 3 foot insert at the top of the fireplace existed. This indicates the fireplace was not to current code prior to the earthquake. The project repair includes the installation of a new flue. The three bids received were from: Molalla Masonry Portland Chimney T.S.U. of Stayton $7,250.00 $4,450.00 $5,380.00 I ask that Council accept the bid from Portland Chimney for $4,450 and allow for the expenditure of Contingency Funds to pay for these repairs. NH:swp IOA COUNCIL BILL NO. 1466 RESOLUTION NO. A RESOLUTION AUTHORIZING THE TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL YEAR 1992-93. WHEREAS, Oregon Revised Statutes 294.450 allows for the transfer of operating contingency appropriations within a fund to an existing appropriations category within the same fund during the year in which appropriations are made, and WHEREAS, the Parks and Recreation Fund requires a transfer of operating contingency appropriations to the Materials & Services category of the Parks Facility Maintenance Division to cover costs associated with the replacement of the chimney which was damaged from the March 25, 1993 earthquake, now, therefore, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That authorization is hereby given to transfer the following operating contingency appropriation: PARK & RECREATION FUND: Transfer From: Operating Contingency (20-230-921.000) 4,500 Transfer To: Materials & Services - Parks & Facility Maintenance (20-210-620.045) City Attorney $ 4,500 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. lOB COUNCIL BILL NO. 1467 RESOLUTION NO. A RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUES DURING FISCAL YEAR 1993-94. WHEREAS, Oregon Revised Statutes 221.770 requires cities 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 WOODBURN RESOLVES AS FOLLOWS: Section 1. Pursuant to ORS 221.770, the City of Woodburn hereby elects to receive state revenues for fiscal year 1993-94. City Attorney I~ate / 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 MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager /t~/'~ Wastewater Agreement with Agripac April 20, 1993 RECOMMENDATION: Approve the attached resolution authorizing the Mayor to sign an agreement witt~ Agripac Inc. to provide sewerage disposal service for disposal of Agripac's non-process wastewater. BACKGROUND: The City has, for a number of years, provided sewerage service to Agripac, Inc. for the disposal of the company's non process wastewater. The non-process wastewater is comparable to that of a commercial establishment. Agripac has paid, in consideration for this sewerage disposal service, the applicable sewer use rates and fees. Recent changes to the pretreatment regulations of the Federal Environmental Protection Agency requires such sewerage disposal service be part of a formal agreement between the City and Agripac. For this reason the agreement which is part of the attached resolution was developed and has been signed by officials of Agripac. 10C COUNCIL BILL NO. 1468 RESOLUTION NO. A RESOLUTION ENTERING INTO AN AGREEMENT WITH AGRIPAC, INC., A CORPORATION ORGANIZED UNDER THE LAWS OF THE STATE OF OREGON, TO PROVIDE SEWERAGE DISPOSAL SERVICE FOR DISPOSAL OF AGRIPAC'S NON- PROCESS WASTEWATER AND AUTHORIZING THE MAYOR TO SIGN SUCH AGREEMENT. WHEREAS, Agripac does not discharge industrial process wastewater into the City's sanitary sewer; and WHEREAS, the City has, for a number of years, provided sewerage disposal service to Agripac for the disposal of its non-process wastewater; and WHEREAS, Agripac has, in consideration of this sewerage disposal service, paid to the City the applicable sewer use rates and fees; and WHEREAS, to comply with the requirement of federal law, it is now necessary to reduce this arrangement to a written agreement; NOW THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an agreement which is attached as Exhibit "A" and by this reference incorporated herein with Agripac, Inc. to provide sewerage disposal service for disposal of Agripac's non-process wastewater. Section 2. That the mayor is authorized to sign said agreement on behalf of the City of Woodburn. M.~'~ ~4~~~-------'-~ /7/' /2o /4~' 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 A-FrEST Mary Tennant, Recorder City of Woodburn, Oregon Page I - COUNCIL BILL NO. RESOLUTION NO. 10C AGREEMENT THIS AGREEMENT, made this day of , 19 , by and between the City of Woodburn, a municipal corporation of the State of Oregon, hereinafter referred to as "City" and Agripac, Inc., a corporation organized under the laws of the State of Oregon, hereinafter referred as "Agripac." WITNESSETH: WHEREAS, Agripac does not discharge industrial process wastewater into the City's sanitary sewer; and WHEREAS, the city has, for a number of years, provided sewerage disposal service to Agripac for the disposal of its non-process wastewater; and WHEREAS, Agripac has, in consideration for this sewerage disposal service, paid to the City the applicable sewer use rates and fees; and WHEREAS, to comply with the requirement of federal law, it is now necessary to reduce this arrangement to a written agreement; NOW, THEREFORE, the parties hereto agree as follows: 1. The City agrees to continue to provide sewerage disposal service to Agripac for disposal of Agripac's non-process wastewater only. Such sewerage disposal service shall be subject to conditions and requirements of the ordinances and regulations of the City regarding the City sewer, and the terms of this agreement. 2. In consideration for providing sewerage disposal service, Agripac agrees to comply with all ordinances and regulations of City regarding the use of City sewer, including Ordinance 1790 (the Sewer Use Ordinance), which is attached hereto as Exhibit "A" and by this reference incorporated herein, and Ordinance 2059 (the Sewer Rate Ordinance), which is attached hereto as Exhibit "B" and by this reference incorporated herein, and subjects itself to any enforcement action for any violation thereof, including but not limited to, a permit, order, rule, regulation, ordinance provision, or federal pretreatment standard or requirement, as authorized by said ordinance. 3. Should any term of this Agreement be held null and void or rescinded by a court of competent jurisdiction, the remaining terms of this Agreement will be unaffected, will continue to be binding, and will be given the full protection of the law. Page 1 - AGREEMENT 10C 4. If the City amends its ordinances or regulations regarding the use of City sewer, it shall provide copies of the amendments to Agripac and Agripac shall have 60 days after receipt of the amendments to execute an addendum to this agreement specifically accepting the amendments. In the event that no addendum to this agreement is executed within 60 days after the amendments are received by Agripac, this agreement is terminated. 5. The City agrees to regulate Agripac in a nondiscriminatory manner which is reasonably equivalent to the regulation of other nonresidential users witi~in its classification. 6. Not withstanding any other provision of this agreement, either party may, for reasonable cause, terminate this agreement upon 90 days written notice to the other party. 7. Agripac agrees to hold City harmless from any and all claims, demands and causes of action, including the cost of defense thereof, which arise as a result of Agripac's failure to conform to the statutes, ordinances, or regulations of any governmental authority in connection with sewer usage. 8. This document constitutes the entire agreement between the parties. All changes agreed to by the parties after this agreement is executed shall be in writing and signed by both parties. CITY OF WOODBURN, a municipal corporation By: Len Kelley, Mayor Secretary Page 2 o AGREEMENT lOC NOTE Exhibit "A", Ordinance 1790 (the Sewer Use Ordinance), and Exhibit "B", Ordinance 2059 (the Sewer Rate Ordinance) are included as part of this agreement but have not been included in the Council Agenda packet due to their length. They will be available for review at the Council meeting. Page 2 - COUNCIL BILL NO. RESOLUTION NO. MEMO TO: FROM: SUBJECT: City Council through the City Administrator,~ __~ Public Works Program Manager/~:7~,:,_~ Engineering Report on Traffic Signal at the Kmart/Bi-Mart access to Oregon Route 214 DATE: April 20, 1993 Council Options: (A) Approve the Engineering Report (B) Modify the report with additional information (C) Disapprove the report and request different information (D) Disapprove the report and abandon the project RECOMMENDATION: It is recommended that the council adopt option "A", approve the report and pass a resolution to be presented later in the meeting setting a public hearing date for the proposed traffic signal project. ENGINEERING REPORT: (A) GENERAL INFORMATION: The project will install a traffic signal at the access points to State Highway 214 shared by Kmart and Bi-Mart shopping areas. The State of Oregon Highway Division, which has legal jurisdiction over Hwy 214, has recently completed a traffic signal investigation at this intersection and found that installation of the signal is now warranted. A copy of the investigation is included as attachment "A". (B) ESTIMATED COST OF TRAFFIC SIGNAL PROJECT: It is estimated that the cost for the installation, including already completed design engineering and future construction engineering, finance, legal, and administrative, will be t~ 123,000. State Highway Division wants the cost of this traffic signal installation to be the responsibility of the properties benefitted by it. (C) BENEFITTED PROPERTIES: Throughout the development of the commercial properties along Hwy 214 that now include Kmart, Bi-Mart, Shop 'n Kart, and Pizza Hut, it has been agreed that when a traffic signal was warranted at the shared access point of the commercial properties that the properties would share in the cost of the signal installation. Access permits granted to both retail centers contained, as conditions, that the properties would fund installation of the signal when warranted as a condition of having access granted to the state highway. This commitment to fund installation of the traffic signal has been presented to the Woodburn City Council and Planning Commission as the property developed. These commercial properties are: Tax Lot/ Subdiv Lot Owner Comment Woodburn Associates Bi-Mart Corp. a) 42504-143 b) 42504-144 42504-145 Bi-Mart IOD IOD c) 42504-704 42504-859 d) 92840-040 e) 92840-041 f) 92840-042 Mabel Vaccari Thrifty Realty Co. WWDM Properties J. Larry Fugate Savage, Savage & Brown GFI-Woodburn Investments Bi-Mart Pizza Hut Kmart NOTE: See Attachment "B" for the proposed boundary. (D) METHOD OF ASSESSMENT and ESTIMATED COST DISTRIBUTION: All properties listed above will benefit from installation of the traffic signal. Therefore, it is recommended that the area method, computed by acreage, be used to determine the fair share cost to the benefitted properties. Based on the area of the properties involved, the fair share cost of the benefitted properties is calculated to be as follows: TAX LOT ACREAGE ESTIMATED COST SHARE 42504-143 3.07 14,760 42504-144 1.07 5,143 42504-145 6.34 30,456 42504-704 2.93 14,026 42504-859 0.50 2,404 92840-040 3.95 18,942 92840-041 0.69 3,321 92840-042 7.05 33,948 TOTAL 25.60 $123,000 (E) ACCOMPLISHMENT OF WORK: Plans and specifications for the signal installation have been completed and are currently being reviewed by the state and the city. (F) PROPOSED ASSESSMENT AND INTEREST: It is recommended that the benefitted property owners should pay their share: 1) at the completion of the project, or 2) sign a Bancroft application with the city within the allowed time and make yearly payments for a period of ten years. The owners would be allowed to pay off the remaining balance at any time during the bonding period. It is estimated that the interest rate will be 7.0 percent. RR:Ig Attachments SIGNLRPT.CC STATE OF OREGON HIGHWAY DIVISION - REGION 2 INTEROFFICE MEMO _ IOD TO: FROM: SUBJECT: Dwayne Hofstetter Traffic Engineer Willard Bradshaw Traffic Operations Manager TRAFFIC SIGNAL INVESTIGATION HILLSBORO - SILVERTON HIGHWAY (MP 37.09) AT K-MART AND SHOP-N-KART ACCESSES CITY OF WOODBURN April 29. 1992 T-140-6 Attached is a traffic signal warrant investigation report for the intersection of Hillsboro - Silverton Highway at K-Mart and Shop-N- Kart accesses in the City of Woodburn. Based upon ~"~~~-~f~h-e--t-fa'ffi~--~ar~a~t-c~mp~ri~Dn-s~beet~''it is'recommended that the' installation of a traffic.signal should be considered and this intersection be placed on the state-wide signal priority list. The entire cost of this traffic signal installation is the responsibility of the developers. "...~ ...... :- . . Attachments cc: John Grassman ' WB/DB:lg RE Ei , D DISTRICT 3 1992 DM ADM OM Pi. (3b. ~_~. ~ ATTACHMENT A ' '/. IOD I-IGUHI- q-U. t-LiUH HOUR VOLUME WARRANT ICOMMIJNIIY LESS THAN 10.000 POPULATlaN OR ABOVE 41) MPH aN MAJOR STREET) 0 > ..~ -~2 OR MORE LANES ~ 2 OR MORE LANES /2 OR MORELANES 6` 1 LANE --...... 2OO 100 200 300 400 --500-- 600 700- --.800 ..... 900 MAJOR STREET -- TOTAL. OF BOTH APPROACHES -- VPH 'NOTE: 80 VPH APPLIES AS THE LOWER THRESHOLD VOLUME FOR A MINOR STREET APPROACH WiTH TWO OR MORE LANES AND 60 VPH APPUES AS THE LOWER THRESHOLD VOLUME FOR A MINOR STREET APPROACHING WITH ONE LANE. FIGURE 4-6. PEAK HOUR VOLUME WARRANT (COMMUNITY LESS THAN 10,000 POPULA'i'[ON OR. ABOVE 40 MPH ON MAJOR STREET) ~ /2 OR MORE LANES ~ 2 OR MORE LANES -,,,.. ~ ,4,,,,.2 OR MORE LANES 6` 1 LANE I ! - ~~1~~~ LANE 6'1 LANE ~,.g 400 300 200 100 * 300 400 500 600 700 800 900 1000 1100 1200 1300 MAJOR STRE'ET -- TOTAL Of BOTH APPROACHES -- VPH 'NOTE: 100 VPH APPLIES AS THE LOWER THRESHOLD VOLUME FOR A MINOR STREET APPROACH WITH TWO OR MORE LANES AND 75 VPH APPLIES AS THE LOWER THRESHOLD VOLUME FOR A MINOR STREET APPROACHING WITH ONE LANE.- ]NNFY ~ S8~ 3?£ S89 ¢1 $3g 356.6~ S89 ¢1 S3~ 441.33 3800 ~0 I I I I 103 03 03 5 I/¢ COR-E~- ATTACHMENT B SEE MAP 65 I~ 08CA 1" =200' IS-JUL-E 1,,/OODBI 5 1H IOD RELOCATED ST TE 1202 NWl/q- SEI/4- SEE.OB TWP.Ss. RGE 'IiARION COUNTY. -OREGON H -I' GHI4A y No.214 I100 1201 MT. HOOD IOOO AVE/ iOE COUNCIL BILL NO. 1469 RESOLUTION NO. A RESOLUTION SETTING A PUBLIC HEARING ON THE COUNCIL'S INTENT TO MAKE SPECIAL ASSESSMENT FOR INSTALLATION OF A TRAFFIC SIGNAL AT THE BI-MART/KMART SHARED ACCESS WITH OREGON STATE HIGHWAY 214. WHEREAS, Resolution No. 1172 authorized preparation of an engineering report relating to installation of a traffic signal at the Bi-Mart/Kmart access to Oregon Route 214, and WHEREAS, the engineering report has been prepared and approved by council, and WHEREAS, Ordinance No. 2105 requires that Council declare its intent to make the improvement by special assessment and to hold a public hearing on the improvement, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the Council finds that throughout the development of the commercial properties along Hwy 214 that now include Kmart, Bi-Mart, Shop 'n Kart and Pizza Hut, it has been agreed that when a traffic signal was warranted at the shared access point of the commercial properties that the properties would share in the cost of the signal installation. Access permits granted to both retail centers contained, as conditions, that the properties would fund installation of the signal when warranted as a condition of having access granted to the state highway. The State of Oregon Highway Division has completed a traffic signal investigation at this intersection and found that installation of the signal is now warranted. This commitment to fund installation of the traffic signal has been presented to the Woodburn City Council and Planning Commission as the property developed. The City of Woodburn intends to install through special assessment a traffic signal at the Bi-Mart/Kmart shared access to Oregon Route 214. Section 2. That the cost of said improvement shall be at the expense of property specially and peculiarly benefitted by such improvement as listed in Section 3 of this ordinance. Section 3. That the property specially and peculiarly benefitted by such improvement is hereby declared to be the parcels of real property described in the Marion County Record of Deeds as follows: Tax Lot/ Subdiv Lot a) 42504-143 b) 42504-144 42504-145 c) 42504-704 42504-859 d) 92840-040 e) 92840-041 Owner of Record Woodburn Associates Bi-Mart Corp. Mabel Vaccari Thrifty Realty Co. WWDM Properties J. Larry Fugate Savage, Savage & Brown Page 1 - COUNCIL BILL NO. RESOLUTION NO. IOE f) 92840-042 GFl-Woodburn Investments Section 4. That the City Engineer's cost estimate, including already completed design engineering and future construction engineering, finance, legal, and administrative, is $123,000. The benefitted cost of each property is estimated to be $4,804.69 per acre or a total of $123,000. TAX LOT ACREAGE ESTIMATED COST SHARE 42504-143 3.07 14,760 42504-144 1.07 5,143 42504-145 6.34 30,456 42504-704 2.93 14,026 42504-859 0.50 2,404 92840-040 3.95 18,942 92840-041 0.69 3,321 92840-042 7.05 33,948 TOTAL 25.60 $123,000 Section 5. That the benefitted property owners shall pay their share: 1 ) at the completion of the project, or 2) sign the Bancroft application with the city within the allowed time and make yearly payments for a period of ten years. The owners are allowed to pay off the remaining balance at any time during the bonding period. Section 6. That it is estimated that the interest rate will be 7.0 percent. Section 7. That a public hearing on the city's intent to install the traffic signal will be held at 7:00 pm on May 10, 1993 in the Council Chambers of Woodburn City Hall. Approved as to form .'~,~'~ ~~/~~ City Attorney 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 Len Kelley, Mayor Page 2 - COUNCIL BILL NO. RESOLUTION NO. IOF MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager ,~-~ Declaration and Proposed Sale of Surplus Property April 21, 1993 RECOMMENDATION: TWO ACTIONS ARE REQUIRED BY THE COUNCIL: (1) Make a motion that a Public Hearing on proposed sale of the property be noticed and held at 7:00 pm on May 24, 1993 in the Council Chambers of Woodburn City Hall. (2) Make a motion approving in concept the property sale procedure through sealed bids with a minimum bid set by the appraised value of the property and terms of cash upon closing. BACKGROUND: The Public Works Department purchased an approximately 7.5 acre lot in the Woodburn Industrial Park off National Way in 1981 with the intention of constructing Public Works shops, storage areas, and a water well. A water well was constructed on the property in 1988 and is currently utilized as a part of the City water supply system. In 1991 as a part of an agreement to provide sufficient land for the construction of the Kmart retail store the Public Works lot was divided into two parcels and approximately four acres were sold. The lot arrangement after this transaction is shown in attachment A. The four acre parcel is owned by Morgan Drive Away and is used for manufactured home storage. Since 1982 companies providing school bus service to Woodburn School District have leased a portion of this lot for their operation. This portion is the area enclosed by the chain link fence annotated on attachment A. School Bus Services, Inc. currently leases this area. With the sale of the four acre parcel there was not sufficient land remaining to construct the Public Works shop complex. IOF City Council through City Administrator April 21, 1993 page 2 There has been recent interest by both School Bus Services, Inc. and Morgan Drive Away, Inc. in purchasing a portion of the remaining Public Works property. With this possibility Public Works asked the Planning Commission for approval of partitioning the property into two parcels. The Planning Commission approved the partition as depicted on attachment B. Parcel 3 which consists of approximately 1.4 acres would be retained by the City since it does contain a City well and well house. Parcel 1, which now consists of approximately 2 acres, has no further beneficial use for the City. It is this parcel that is surplus property and should be made available for resale. ORS 221.725 requires that when Council considers it necessary to sell real property that a notice of the proposed sale be published and a public hearing concerning _the sale. The proposed hearing would be at 7:00 pm on May 24, 1993 in Council Chambers at Woodburn City Hall. This allows adequate time to publish required notices. Since there are two parties who have expressed interest in the property the sale of the property should be through advertisement and the receipt of sealed bids. A minimum price based upon an already completed appraisal should be established. Terms of the sale should be cash upon closing. Council should approve this concept of conducting the property disposal. 1OF IHDUSTR AL LOT I0 $.w. COll. LOT ¢ 264.76' '" ~..~244.99' [24: / PARCEL- 2 4.076 ACRES 29~60' N89o38'30-W 556.36' (N$go58'49"W 556.36'} 0" w 1218,99') C. S, 25488 LOT I1~ 0,,.~, 8LOCK I LOT LOT S. [. (;OR, LOT I Z<';A R CEL' I <%N~4248 ACR, C'dRVE DATA ATTACHMENT A LOT H uSTRIAL ,~ LOT i0 LOT ~RCEL' 2 ACRES PARCEL 3 -~?' ~ .,,,¢,. ~.~9 ACREs ;,oo'~ ,/_/ PARCEL 1 2.03 ACRES 8LOCK qJ"' s/e'La. ,,/a.L. CAP ~.. F.. COR. LOT I ',% )..-~ LOT . I Zgt60' WCHEO TOP "W 556.36' ) S. £. COR. LOT I "~ 5/8~ I.R. w/Pt. C4, P '~ASON' (C.S. 280491 iOF LOT ~ ATTACHMENT B 10G City Of Woodburn Police Department 270 Montgomery Street Ken Wright Chief of Police Date: April 19, 1993 To: ~ayor and Council T~ilds, City Administrator right, Chief of Police SutSject: Sound Amplification - Cinco de Mayo~ Woodburn, Oregon 97071 (503) 982-2345 Centro Cultural will be sponsoring the central downtown parking lot Cinco de Mayo Celebration on Sunday, May 2, 1993 from 10:00 a.m. to 8:00 p.m. At a previous Council meeting Centro Cultural was given permission to close off streets and the parking lot. Per Ordinance 1900, any group must have specific Council approval for the use of a sound amplification device. As Centro Cultural will be both playing music and giving speeches they are requesting Council approval for sound amplification. Recommendation: Approve request of Centro Cultural for use of sound amplification devices. KLW/nje cc: File 10G Chief Ken N:ight Woodburn Police Dept. 270 .',io~,tgomezi- St. WoodLutz;, Or. 970'71 REC'D APR ! Kf993 WUODSURN POLICE DEPT. oz v~oodburn will be spo:~so'zing the "CINCO DE XAYO" Ce!eb~'ation irt downtown Woodburn. ~e c= =~:~on wil~ :un f~om I0 a ..... tzll 0 p.m.. The celebration will consist of speeches, live music aP.d d~cezs. We are reguestin~ ~,,~mi~sion from ;~ a~e~ci ~.~:d tl~ Cit~' of Woodbu:-~ to use an amplified sou'..-~d s',stem du, iz~s~ tke "CiNC© DE MAYO" celebration. Att~-~hed is thu 'ettez we submitted to the Cit~, Council for apptova! of the Cinco De Mayo Celeb~-ation. ?hank you for youz a~ista'ace. Ra~i Vi c~-. Chai L ::,~n IOH MEMO TO: FROM: SUBJ.: DATE: Mayor and City Council Chris Childs, City Administrator Solicitation Permit Request - OSPIRG April 19, 1993 RECOMMENDATION: Approve, by motion, request for local solicitation permit by Oregon State Public Interest Research Group (OSPIRG). BACKGROUND: OSPIRG, a non-profit interest group connected with nationally- known consumer advocate Ralph Nader, has applied to the city for such permits in previous years. A copy of the current request is attached. If Council approves this request, the permit (in letter form) will include the following minimum requirements, based on my research of prior requests and Ordinance No. 1187: 1. Provide beginning and ending dates of campaign (prior to start of any solicitation). 2. Furnish list of names and addresses of solicitors daily (to Police Department). 3. Directions to refrain from solicitation except during daylight hours in all areas including Senior Estates. 4. Permit fee is waived as is standard practice for all non-profit groups. 5. Any other conditions established by Council. IOH °'/?o ? / 15A MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator for Information Public Works Program Manager ~5:~ ~/~ ~ State Highway Project Update April 21, 1993 The project to widen Highway 99E from Lincoln Street to the north City Limits is scheduled to resume full activity on May 10, 1993. There has been minor work on the project all winter, primarily by the storm drain subcontractor. The entire project is scheduled to be completed by September 30, 1993. A second project to widen the south side of Highway 219 (old 214) and improve storm drainage from east of Woodland Avenue to approximately the west side of the HWl warehouse property is scheduled to begin construction on May 10, 1993. Storm drainage work will be done first followed by roadway construction and paving. This project is expected to be completed by July 15, 1993. 15B MEMO TO: FROM: SUBJ.: DATE: Mayor and City Council Chris Childs, City Administrator ~ Availability of Property Ad_iacent tO City Hall April 20, 1993 As a result of contacts from the listing agent, staff has recently become aware that a parcel of land at the southeast corner of the intersection of Cleveland and First Streets is for sale. This involves approximately 1/4 of a block of vacant land that has been cleared with some fill material added. Price is understood to be $40,000. It was suggested that the city might want this property for additional parking space. My initial response to the realtor was that the city probably would not be interested at this time. In addition to the purchase price, we estimate that paving, curbing and proper drainage, in compliance with the city's own specifications, would cost an additional $35,000 minimum. Although this location could likely augment the existing lot across Cleveland Street, it may be too far removed to be of direct benefit to most of the downtown businesses along Front and First Streets. This parcel, by itself, is probably not large enough to accomodate relocation of any city function. It is my understanding that discussions in previous years have pointed to the possibility that there might be some value to the city if property in the block due west of this parcel were to become available. This would be based on the premise that, on a long-range basis, a strip of land extending from the Library at the north end to Settlemier Park at the south end could be more advantageous. This could provide for a series of centralized city facilities, similarly designed and landscaped, witl~enhanced functional capacity. We should bear in mind that any municipally-owned land, for whatever purpose, becomes exempt property and is removed from the property tax rolls. To: Mayor and City Council From: Terry 1.~ Will Date: April 26, 1993 During the public hearing on the budget dootment Virginia Williams and ~ Lucns exprcased their concerns on the escalating salary and benefit levels for the City of Woodbunc Several tneml~m of tbe budget oommltte~ including ttw~ city councilors, Minted the same concerns during the budget committgC m~fingS. M~. L41~a~ proposed & pay frocg for city cmployces. Mm. Lucas matte reference to state govcrnmeng school distrieAs, and the federal gov©rnment opening conlracts for negotiation and/or having a two-flor pay sehcxlule for new To provide additional support for these comments, as now ~ I-lB 21540 would impo~ an aorom-tbe-boa~ fr~z~ on aH salaries and wages with two cxc~ptions: the bill does not affect Increases negotiated in current bargaining agreements, but would affect futura union contnwtrg second, the, re may be wage and salary increases if thc Lcgislam~ sp~ifically appropriates funds for that purpo~. Thc Er~zc also prohibits fringe benefit cmichmcnt for the next two years un~r th~ same conditions. Now is thc time for thc city council to quit political posturing and take a closer look at HI~ 2640 before contract negotiations arc concluded. Management, in this ca~ th~ city council, must de, ci& what coum~ of action to tahe. The old argument that we must keep pace with salary and benefit increases is no longer valid. Thc Labor Subcx)mmittc~ of tl~ House Commctx~ Committc~ will hold an evening healing We, dn~iday, lVlay 5 at 6 p.nL TI~ m~ting will fcatur~ a panel discussion of extort witnezz~ followed by a public hearing on two bills-HB 3597, creating a public retLr~ment overnight commi~ion and l-lB 2844, requiting aH memb~m of PERS to contribute on,-half of b~ncfits coeds from salary, l%dmp6 tl~ Mayor would ~ to have somcon© attend this hcarin$. Woodbum has had tremendous growth in the last few ye, am but unfortunately thc citizens of Woodbum will once again be asked to pick up thc tab. Th~ city enjoys tl~ b~nefit of property tax growth and pasr~ the cost to the citizens. According to the City Administrator, Woodbum will have a windfall of approximately $145,000 this ye, ar. Mrs. law, ns pointed out the windfa~ of prior ye. am, Perhaps these "windfidl~' should have be~n used to balance the books on the ill- fated "building subsidy program". Thc limmcial foundation for thc City of Woodbum is beginning to shows sig~s of stress and thc cartlgluake is not respon.siblc. Have we reached that point in time when thc citizens of Woodbum will rcjcct all budgcts? General Funding. Budget State Salary Freeze After weeks of trying to accommodate concerns of opponents to a state employee salary freeze for 1993-1995, Representative John Watt (R-Med ford) is moving his bill to a floor vote on April 26. He has jettisoned the hiring freeze proposed in the original amendments to FIB 2640, and he has left open a legislative over-ride ofthe salary and benefit freeze if funds become available. , :. ~ As now drafted, HB 2640 would impose an across-the-b°ard freeze on all salaries and wages with two exceptions: the bill does not affect increases negotiated in current bargaining agreements, but would affect future union contracts; second, there may be wage and salary increases if the Legislature specifically appropriates funds for that purpose. The freeze also prohibits fringe benefit enrichment for the next two years under the same conditions. The budget savings in the bill vary from $20 million up to $60 million, depending on whose figures you use. For comparison, the savings would be more than enough to balance proposed cuts in community college programs, or to fund one fourth of the new costs associated with the Oregon Health Plan. AOI has argued that the state must apply good business practices to its budget process, including a salary freeze prior to consideration of layoffs. It is more humane and fair to the employees and to the public. Please call your Representative to urge support for passage. Representative: Dave Mos~ Natural Resources State Endangered Species Act reform bill moves' to House Natural Resources Committee FIB 2927, which improves the state's threatened and endangered species act, passed out of the House Agriculture and Forestry subcommiRee with amendments on a 6 to I vote. The bill is expected to go to the full House Natural Resources Committee within the next few weeks. The amendments strengthen the bill by including an independent economic analysis along with the pure biological evaluation of the species as part of the listing process. In addition, an evidentiary hearing, which allows for discovery, testimony and cross-examination by interested persons, would be required as part of the biological review and listing process. The centerpiece of the bill remains intact. When both the state and federal government have a species listed as threatened or endangered, federal recovery plans would be sufficient to recover a species ~hereby reducing the burden of recovery on the small amount of state owned land and state plans could not exceed federal limits. Leading Issues is published weekly by Associated Oregon Industries. Chairman: Joan Austin President: Richard M. Butflck Questions or comments may be addressed to: 1149 Court Street NE Salem, Oregon 97301 Phone: (503)588-0050 FAX: (503)588-0052 OREGON ~ 1149 Court Street N.E. Salem, Oregon 97301 Pre-Sorted First Class Mail Terry L. Will Western Smelting & Metals, Inc. PO Box 375 Dallas, OR 97338 First Class Mail U.S. Postage PAID Salem, OR Permit No. 106 Govt. Reorganization' Public Records Bills Set for SecOnd Hearing Senate Biffs 499 and 500, the Secretary of State's proposed public records "fLx,' will receive second hearings on May 3. SB 499 would open up records of complaints, proceedings and disciplinary decisions about most professionals licensed by the state, and would make such records available to print and broadcast media, ns well ns the public. SB 500 makes virtually all information in the possession ora government agency or official available for public disclosure and media dis~'ibution. The bill divides information into three categories, with different balancing tests allow/ng disclosure for each category. Opponents of the two bills met with Secretary Phil Keisllng April 21 to discuss differences and concerns. Although no issues were resolved, opponents expressed several worries, one of which was the feeling that Oregon already has a perfectly good public records law. Another concern expressed was that under SB 500, nn agency deciding whether to grant access to certain information would be required to weigh the public interest in disclosing the material against the public interest in non-disclosure. It is Associated Oregon Industries' (AOl's) position (as well as the position of the entire group of opponents) that the individual's interest should be included somewhere in that balancing test. Secretary Keisling explained that it was his intent to make the legislative history on SB 500 clear that the term "public interest" would include consideration of private interests. However, AOI nnd others would prefer to see that language in the bill, not in the nrcltives. ~40l Representatives: Betsy Bailey and Kevin Earl~ Position: Oppose OFIC Representative: Ray Wilkeson Hearing: Monday, May 3, 1993 at 1 p.m. in HR C Labor Law Public Employees Retirement System The Labor Subcommitlee of the House Commerce Committee will hold an evening hearing Wednesday, May 5 at 6 p.m. The meeting will feature a panel discussion of expert wimesses followed by a public hearing on two bills - HB 3597, creating a public retirement oversight commission nnd HB 2844, requiring all members of PERS to contribme one-half of benefits costs from salary. ,401 Representative: Gary Carlson AOI Position: Pending Hearing: Wednesday, May 5, 1993 at 6 p.m. in HRA Leading Issues is published weekly by Associated Oregon Industries. Chairman: Joan Austin President: Richard M. Butrtck Queslions or comments may be addressed to: 1149 Court Street NE Salem, Oregon 97301 Phone: (503)588-0050 FAX: (503)588-0052 ASSOCIATED~ OREGON INDUSTRIES 1149 Court Street N.E. Salem, Oregon 97301 Terry L. Will Western Smelting & PO Box 375 Dallas, OR 97338 Metals, Pre-Sorted First Class Mail Inc. Rrst Class Mail U.S. Postage PAID Salem. OR Permit Iqo. 106