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Agenda - 05/24/1993o CALL TO ORDER AND FLAG SALUTE ROLL CALL MINUTES A. City Council minutes of May 10, 1993 regular meeting. APPOINTMENTS AND ANNOUNCEMENTS APPOINTMENTS ANNOUNCEMENTS A. Special Council meeting: Monday, June 7, 1993 at 7:00 p.m. specifically to hold a public hearing on the Transportation Plan. PROCLAMATIONS COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn Comeback Campaign COMMUNICATIONS A. Written - BUSINESS FROM THE PUBLIC (This allows public to introduce items for Council consideration not already scheduled on the agenda.) PUBLIC HEARINGS A. OLCC hearing: Luise's Bakery. B. Oregon Community Development Block Grant. C. Sale of surplus city property. Page 1 - Woodburn City Council Agenda of May 24, 1993. 3A 8A 8B 8C 11. 12. 13. 14. 15. 16. 17. TABLED BUSINESS GENERAL BUSINESS A. Council Bill No. 1470 - Resolution authorizing the sale of surplus city property. B. Council Bill No. 1471 - Resolution authorizing administrative fee for providing lien searches and duplicate water/sewer bills. C. Council Bill No. 1472 - Resolution authorizing the transfer of operating contingencies. D. Council Bill No. 1473 - Resolution terminating a trust agreement with ICMA and authorizing a replacement agreement. E. Council Bill No. 1474 - Ordinance relating to installation of traffic signal at Bi-Mart/KMart access to Hwy 214 and providing for payment through assessment. F. Request for closure of Alexandra Court for neighborhood 4th of July celebration. G. Award of bid: City Hall repair. H. Approval of salary step increase for Finance Director. APPROVAL OF CLAIMS PUBLIC COMMENT NEW BUSINESS SITE PLAN ACTIONS STAFF REPORTS A. Water service extension for fire protection services to Agripac's new facility. B. Election results. C. FEMA reimbursement update. MAYOR AND COUNCIL REPORTS ADJOURNMENT 10A 10B 10C 10D 10E 10F 10G .10H 15A 15B 15C Page 2 - Woodburn City Council Agenda of May 24, 1993. 3A TAPE READING ~001 0003 0011 0O20 OO32 OO59 COUNCIL MEETING MINUTES May 10,1993 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MAY 10, 1993. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kelley presiding. ROLL CALL. Mayor Kelley Present Councilor Arntzen Absent Councilor Figley Present Councilor Galvin Present Councilor Hagenauer Present Councilor Jennings Present Councilor Sifuentez Present Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police Chief Wright, Finance Director Gritta, Park Director Holly, Public Works Manager Rohman, Library Director Sprauer, City Recorder Tennant MINUTES. JENNINGS/FIGLEY... approve the Council minutes of April 26, 1993 and special meeting minutes of May 3, 1993; accept the Planning Commission minutes of April 22, 1993, the Library Board minutes of April 28, 1993, and the Recreation and Park Board minutes of April 12, 1993. The motion passed unanimously. ANNOUNCEMENTS. The Chemeketa Cooperative Regional Library Service (CCRLS) is soliciting applications from Marion County residents interested in serving on the CCRLS Advisory Committee. A forum to address Youth Gangs within our community will be held on Wednesday, May 12th, 7:00 p.m., in the French Prairie Middle School gymnasium. The forum, sponsored by the Police Department and Woodburn School District, will focus on problem identification and possible solutions. PROCLAMATION - PEACE OFFICER MEMORIAL WEEK. Mayor Kelley proclaimed May 10 - 14, 1993 as Peace Officer Memorial Week. The proclamation is posted on the City Hall bulletin board. Page 1 - Council Meeting Minutes, May 10, 1993 3A TAPE READING OO8O COUNCIL MEETING MINUTES May 10,1993 PROCLAMATION - PUBLIC WORKS WEEK. Mayor Kelley proclaimed the week of May 17 - 23, 1993 as Public Works Week within the City. This proclamation has also been posted on the City Hall bulletin board. 0092 0114 0220 CHAMBER OF COMMERCE REPORT. Greg Lundeen, representing the Chamber Board, reminded the Council of the Chamber's Ag Tour scheduled for Wednesday, May 12th. The businesses to be toured are Fiber-Fab and Stage II. Tickets are available for $9.00 which includes the bus ride and dinner. WOODBURN COMEBACK CAMPAIGN REPORT. Vee Ott, Comeback Campaign Co-Chair, introduced Joey Knauf who developed a survey for the committee for distribution to residents within the community. Joey Knauf, Local Scout Troop #69, stated that the survey form contained such information as neighborhood concerns and priorities for their particular area and city-wide. He stated that he, along with a few of his friends, went door-to-door to obtain information listed on the survey form. By helping the committee in identifying specific concerns, he hoped to obtain his eagle status within the Boy Scouts. Councilor Figley stated that the results of the survey have been distributed to the Council for their review. She also expressed her appreciation to Mr. Knauf for his contribution to the community. LETTER OF APPRECIATION - OREGON ASSOCIATION OF POLICE CHIEFS. 0252 Administrator Childs read the letter from the Association expressing their appreciation of the work done by the Chief during his tenure as a Board member and the City's support of his state-wide work. As a result of his professionalism, he was elected to serve as Secretary/Treasurer of the Association. LETTER FROM COUNCILOR ARNTZEN RE: RESIGNATION. Administrator Childs also read a letter received today from Councilor Arntzen advising the Mayor and Council of his intent to resign from the Council immediately due to health reasons. Administrator Childs stated that the Charter provides for the Mayor to appoint an individual to fill the vacancy and the Council approves the appointment. To assist the Mayor and Council with the selection process, Administrator Childs provided them with a copy of an opinion prepared by City Attorney Shields in June 1985 regarding the same type of situation. Page 2 - Council Meeting Minutes, May 10, 1993 3A COUNCIL MEETING MINUTES May 10, 1993 TAPE READING 0314 PUBLIC HEARING RE: DANGEROUS BUILDING - 347 N. FRONT STREET. O559 Mayor Kelley declared the public hearing open at 7:14 p.m.. Administrator Childs read his staff report which summarized the condition of the building and an updated progress report. The building, which housed Salud Medical Clinic, has been vacated and stabilized and an engineering study is being done to determine the feasibility in rebuilding or removal of the building. The staff recommended that the Council continue this public hearing until November 8, 1993, 7:00 p.m., to allow the Clinic ample time to secure funding for either restoration or removal of the building. Attorney Shields stated that he had no additional testimony to offer at this time. Councilor Figley expressed concern on continuing the public hearing for a six- month time period since she did not want to have a structurally unstable building in the downtown area without any action being taken to correct the situation. FIGLEY/JENNINGS .... continue the public hearing on the dangerous building located at 374 N. Front Street until August 9, 1993, 7:00 p.m.. The motion passed unanimously. PUBLIC HEARING RE: DANGEROUS BUILDING - 503 N. FRONT STREET. O657 Mayor Kelley declared the public hearing open at 7:23 p.m.. Administrator Childs read the staff report summarizing the initial damage to the building and the work completed on the building to date. The building, which housed Correos, Inc. (packing and shipping business), is being repaired by the reconstruction of the south wall and parapet and reinforced bracing of certain portions of the internal structure. The staff recommended that this hearing be closed and the building be removed from the dangerous building list. JENNINGS/FIGLEY... close the public hearing on the building located at 503 N. Front Street and remove it from the dangerous building list. The motion passed unanimously. The public hearing was declared closed at 7:25 p.m.. PUBLIC HEARING RE: DANGEROUS BUILDING - 237 N. FRONT STREET. Mayor Kelley declared the public hearing open at 7:26 p.m.. Administrator Childs reviewed the staff report which summarized the condition of the building following the earthquake and the action taken by the property owner as of this date. The building, which houses the Bahai Assembly, had received some minor structural damage to the parapet and minor shear cracks. A representative of the Spiritual Assembly of Bahai had contacted the Building Official to advise him that they were securing volunteers to complete the repairs disclosed in the engineering report. The staff recommended that the public hearing be continued until June 14, 1993, 7:00 p.m.. Page 3 - Council Meeting Minutes, May 10, 1993 TAPE READING 0724 COUNCIL MEETING MINUTES May 10, 1993 JENNINGS/FIGLEY .... continue the public hearing on the dangerous building located at 237 N. Front Street until June 14, 1993, 7:00 p.m.. The motion passed unanimously. PUBLIC HEARING RE: DANGEROUS BUILDING - 573 N. FRONT STREET. O938 1180 1265 Mayor Kelley declared the public hearing open at 7:28 p.m.. Administrator Childs reviewed the staff report outlining the damage to the parapet, roof trusses, and ceiling joists. He stated that a preliminary engineering report had been submitted, however, a final report was due to be received by May 15, 1993. The building, which housed the Pool Hall, has been posted as "No Occupancy" and the owners have applied for a Small Business Administration Loan. Administrator Childs also stated that the staff recommendation is to continue the public hearing until June 14, 1993, 7:00 p.m., however, he requested that the Council allow testimony to be taken at this time from Structural Engineer Jed Sampson who is present at this hearing. His testimony will then be part of the record and he will not be required to return to future public hearing date(s) on this issue. It was the consensus of the Council to allow the testimony of Mr. Sampson. City Attorney Shields submitted 20 exhibits into the record (see attached list). In response to questions from City Attorney Shields, James (Jed) Sampson reviewed his credentials as a Structural Engineer and stated that he is currently employed by the City of Portland. He stated that he had used criteria established in the Applied Technology council (ATC) field manual - post earthquake safety evaluation of buildings to assess the damage to this building (form ATC-20). On this particular building, the south wall of the building had severe cracks and the walls tilted at a plumb. In his opinion, another earthquake could bring the wall down. In his evaluation, he rated the building as limited entry and requested that further structural engineering be required. In addition, he expressed concern regarding the stability of the roof and stated that further loading on the roof such as ice or snow could provide additional structural damage. Councilor Figley questioned when the repair work should be completed to make the building structurally sound. Mr. Sampson stated that the repairs should be completed no later than September. The property owners of record, Francisca & Ireneo Garcia and the Archdiocese of Portland, were not in attendance at the hearing. JENNINGS/FIGLEY... continue the public hearing on the dangerous building located at 573 N. Front Street until June 14, 1993, at 7:00 p.m.. The motion passed unanimously. PUBLIC HEARING RE: DANGEROUS BUILDING AT 479 N. FRONT STREET. Page 4 - Council Meeting Minutes, May 10, 1993 TAPE READING 1781 1892 COUNCIL MEETING MINUTES May 10, 1993 The public hearing was declared open at 7:45 p.m.. Administrator Childs reviewed the staff report which summarized the damage to the building which housed upstairs apartments, beauty shop, and the former Smart Shop business. He stated that an engineering report has been submitted to the City along with specific measures to be taken to make the building safe. The owner has stated that he intends to apply for a Small Business Administration loan to finance the repairs. In addition, the fire escape was removed from the east wall to relieve the stress on the wall. He recommended that the public hearing remain open until June 14, 1993, 7:00 p.m., however, testimony from Mr. Sampson be allowed as in the previous hearing. City Attorney Shields submitted 15 exhibits into the record (see attached list). In response to questions from City Attorney Shields, Jed Sampson restated his credentials as a Structural Engineer and referred to the Applied Technology Council (ATC) Field Manual - Post Earthquake safety evaluation of buildings. He stated that the building did receive severe damage to the east wall. In the ATC-20 assessment report, he had rated the building as limited entry and further engineering study for structural damage needed to be completed. The fire escape on the east side of the wall was removed and he had recommended that the two apartments along the east side of the building not be used. In his opinion, the building was dangerous and the east wall did need to be repaired since the wall contained many shear cracks and the columns in the east wall were out of plumb. Councilor Jennings stated that in a report from another structural engineer, the building was salvageable except for the east wall. David Lindenmuth, property owner, stated that he intends to replace the east wall and will submit detail drawings as soon as possible. JENNINGS/FIGLEY... continue the public hearing until June 14, 1993, 7:00 p.m., on the dangerous building located at 479 N. Front Street. The motion passed unanimously. PUBLIC HEARING RE: DANGEROUS BUILDING - 591 N. FRONT STREET 3A Mayor Kelley declared the public hearing open at 8:04 p.m.. Administrator Childs reviewed the staff report outlining the damage to the I.O.O.F. Lodge. He stated that as of this date, he had not received any information from the property owner as to what they plan to do with the building and that the second floor of the building is closed. Attorney Shields submitted 13 exhibits into the record (see attached list). In response to questions from City Attorney Shields, Jed Sampson restated his credentials and reviewed damage to the exterior walls. He stated that they did view the inside of the building but the exterior walls show shear cracks and the parapet on the south side of the building needs repair. Page 5 - Council Meeting Minutes, May 10, 1993 3A TAPE READING 2370 COUNCIL MEETING MINUTES May 10, 1993 Betty Donnelly, representing Home Rebekah Lodge//88, stated that the transfer of property to their organization was signed in late February but not recorded until recently and information pertaining to the building was sent to the former owner of record. She stated that they had ordered an engineering report 4 days after the earthquake, however, the engineer did not inspect the building until April 15, 1993 and she had just received the report today. She submitted a copy of the report into the record as an exhibit. In regards to what will be done with the building, she requested Council continuation of the hearing until they are able to review the report and determine if repairs can be accomplished through their existing trust funds or if they will need to apply for a Small Business Administration loan. Attorney Shields stated that the report would be entered into the record and he also confirmed that there was some confusion regarding the ownership of the property. JENNINGS/FIGLEY .... continue the public hearing until June 14, 1993, 7:00 p.m.. The motion passed unanimously. PUBLIC HEARING RE: DANGEROUS BUILDING - 199 N. FRONT STREET. Mayor Kelley declared the public hearing open at 8:16 p.m.. Administrator Childs reviewed the staff report which summarized the condition of the building and action taken to date. He stated that the major damage to the building was the shear cracks on the east wall and the north face of the structure. The building has been posted as "limited entry" and the property owner has taken no action as of this date to stabilize the building. Attorney Shields submitted 14 exhibits into the record (see attached list). In response to questions from City Attorney Shields, Jed Sampson provided his credentials as a Structural Engineer. Mr. Sampson stated that there were numerous shear cracks on the east side of the building caused by the earthquake and that he could not see the south side of the building very well. On the ATC-20 assessment report, he had listed the building as limited entry and the building needs a thorough structural engineering analysis. In his opinion, the building is dangerous and should either be repaired or removed. Nora Fives, contract buyer of the property, stated that she had obtained a structural engineering report from Breshears/Thornton Engineering Consultants, Inc., which stated that most of the cracking was pre-existing, however, the earthquake widened the existing cracks. She stated that she had made arrangements to have the building torn down next week, however, she would also like to have an opportunity to sell the building. JENNINGS/FIGLEY .... continue the public hearing until June 14, 1993, 7:00 p.m.. The motion passed unanimously. Page 6 - Council Meeting Minutes, May 10, 1993 3A TAPE READING 3O43 Tape 2 0001 COUNCIL MEETING MINUTES May 10, 1993 Councilor Jennings expressed his appreciation to the property owners for their prompt attention in trying to stabilize their buildings and for their attendance at the public hearing. Attorney Shields also thanked Jed Sampson for providing technical assistance to the City following this disaster and for coming to this meeting. PUBLIC HEARING - TRAFFIC SIGNAL INSTALLATION AT K-MART/BI-MART 0130 0187 SHARED ACCESS TO HIGHWAY 214. Mayor Kelley declared the public hearing open at 8:31 p.m.. Public Works Manager Rohman reviewed the engineering report along with background information regarding the commercial developers signed agreements to pay for the installation of a traffic signal when it was warranted by the State Highway Division. The estimated cost to benefitted property owners is $123,000 which equates to $4,804.69 per acre. The staff recommended that an ordinance be drafted to provide for the improvement with costs to be paid through a special assessment district. No one in the audience spoke either for or against the proposed improvement. The public hearing was declared closed at 8:36 p.m.. JENNINGS/SIFUENTEZ .... staff be directed to draft an ordinance ordering the traffic signal improvement at the K-Mart/Bi-Mart shared access point to Highway 214 and it be carried out by special assessment. The motion passed unanimously. TABLED BUSINESS - COMMUNITY CENTER FIREPLACE BID AWARD, JENNINGS/SIFUENTEZ... the matter of the Community Center fireplace repair be removed from the table. The motion passed unanimously. Park Director Holly stated that he had attended a Federal Emergency Management Agency (FEMA) meeting regarding the possibility of receiving federal funds to replace the chimney which was damaged during the March 25th earthquake. If federal funds are available, this project would be part of a City application process and replacement of the chimney would be required rather than the repair of the damaged portion. He suggested that the bids for repair of the chimney be denied at this time. JENNINGS/SIFUENTEZ .... bids received earlier for the repair of the chimney be denied. The motion passed unanimously. OLCC LICENSE REQUEST - LUISE'S BAKERY. Chief Wright stated that a liquor license request for a new package store outlet was submitted by Luis & Luisa Quintero DBA Luise's Bakery, 523 N. Front Street. Since the downtown area experiences a higher level of criminal complaints, Chief Wright recommended that a public hearing be held at the next regular meeting to receive public testimony on this issue before a decision Page 7 - Council Meeting Minutes, May 10, 1993 3A TAPE READING O333 O386 O400 COUNCIL MEETING MINUTES May 10, 1993 on the license application is made by the Council. He also stated that the Planning Department would be issuing a memo regarding the provisions within the Historic District zone as it applies to liquor establishments. Councilor Jennings stated that he did have some concerns regarding the addition of another package store outlet in the downtown area. Chief Wright stated that the public hearing is necessary in order to meet the due process procedure established by state law. JENNINGS/HAGENAUER... hold a public hearing on the liquor license application on June 14, 1993. JENNINGS/HAGENAUER .... amend the motion to hold the hearing on May 24, 1993, 7:00 p.m.. The motion to amend passed unanimously. The motion as amended also passed unanimously. OLCC LICENSE TRANSFER - YOUNG STREET MARKET. Police Chief Wright stated that the records show nothing significant for this location regarding criminal activity. The package store license application was submitted by Byung Chuh Cho and Ui Ja Cho DBA Young Street Market, 1030 Young Street. JENNINGS/FIGLEY .... accept the recommendation of staff and approve the liquor license application submitted by Byung & Ui Cho. The motion passed unanimously. ACCEPTANCE OF UTILITY EASEMENTS - SMITH ADDITION NO. 4. The staff recommended the acceptance of eight utility easements within Smith Addition No. 4 from Hazel Smith. JENNINGS/FIGLEY... accept the utility easements in Smith Addition #4 as recommended by staff. The motion passed unanimously. YOUTH SERVICES GRANT. Park Director Holly requested authorization to apply for a $46,000 grant to fund a year-round youth drop-in center which would provide leisure service programs to children. The Woodburn School District has assisted in the drafting of the grant proposal. JENNINGS/SIFUENTEZ... authorize the Park Director to submit the grant application to the Marion County Youth Services Commission. The motion passed unanimously. 0412 CLAIMS FOR THE MONTH OF APRIL 1993. SIFUENTEZ/GALVIN .... approve claims #18437 - #18791 for the month of April 1993. The motion passed unanimously. Page 8 - Council Meeting Minutes, May 10, 1993 3A TAPE READING 0449 0470 0799 0994 1029 COUNCIL MEETING MINUTES May 10, 1993 RESIGNATION OF ALLEN ARNTZEN. JENNINGS/FIGLEY... reluctantly accept the resignation of Allen Arntzen from the City Council. The motion passed unanimously. FEDERAL EMERGENCY MANAGEMENT AGENCY |FEMA) REIMBURSEMENT. Administrator Childs advised the Council that federal funding would be available for repair and/or replacement of city buildings which were damaged by the March 25th earthquake. Outright grants of 75% would be made available to public agencies and non-profit organizations. FEMA representatives have been surveying the damage and preparing preliminary reports. The major areas to be repaired and/or replaced at this time are: 1) Park Dept. Maintenance office structure, 2) rebuild the fireplace and chimney at the Community Center, 3) repair structural damage to parapet on the southeast corner of the City Hall building, and 4) repair significant floor cracks in the Library. It has also been determined that the Park staff would proceed with the filling of the swimming pool to see if there was any damage to the pipes or lining of the pool. The staff will provide a status report on this issue at the next meeting. PROPOSED STATE LEGISLATION. In a memo from Administrator Childs, he advised the Council that House Bill 3652 would suspend payment of cigarette and alcohol tax monies to cities and counties beginning July 1, 1993. If this bill is approved, the City will lose between $100,000 and $140,000 annually to fund General Fund programs. House Bill 2277 would eliminate the June election date, therefore, the next available election date would by in September which is 2.5 months after the start of a new fiscal year. However, the bill would broaden the City's ability to call for a special emergency election. Finally, Senate Bill 762 would eliminate the local option fuel taxes. WATER TEST RESULTS. Public Works Manager Rohman stated that the quarterly test results for Phase II and Phase V, which includes asbestos and several pesticides and herbicides, were below the detection limit of the test. TRANSPORTATION TASK FORCE REPORT. Community Development Director Goeckritz stated that a public hearing will be held on May 24th regarding the Transportation Plan for the I-5 corridor area. A complete copy of the report will be provided to the Council as part of the hearings process. Councilor Jennings stated that the report is very complex and he requested the Mayor and Council to review the report prior to the meeting so that the Page 9 - Council Meeting Minutes, May 10, 1993 3A COUNCIL MEETING MINUTES May 10, 1993 TAPE READING information within the report along with other public testimony can be considered and action taken at the same meeting. 1137 Administrator Childs reviewed the activities scheduled for Public Works Week and he encouraged the Council and general public to attend the ribbon cutting ceremony at on Wednesday and attend the open house at each public works facility on Thursday. He also commended Chief Wright for his involvement in a state-wide organization and for preparing the program agenda regarding the Community Forum on Youth Gangs. 1227 Councilor Jennings requested that the Mayor advise the Council when he is going to make an appointment or if he would like to go through a selection process similar to that which was done several years ago. 1266 Councilor Hagenauer stated that the berms located in Centennial Park need to be sprayed to keep the weeds down. Park Director Holly stated that he hopes to have the National Guard assisting the City with contouring the land in August and that he would have his staff spray the berms within the near future. 1309 Councilor Sifuentez encouraged the Mayor and Council to attend the Gang Forum on Wednesday, May 12th. She also stated that the next Pool Committee meeting is scheduled for May 23, 1993, at 7:00 p.m.. 1327 ADJOURNMENT. The meeting adjourned at 9:17 p.m.. APPROVED LEN KELLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 10 - Council Meeting Minutes, May 10, 1993 8A MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Community Development Director Public Hearing - Luis Bakery May 20, 1993 The Chief of Police contacted my office requesting that I provide a land use interpretation as to whether a bakery that sells alcohol is a permitted use in the City's Downtown Historic District (DHD). The Police Chief also mentioned the bakery would have a restaurant type setting and sell some grocery items. Based on his description this facility is a delicatessen rather than a bakery, both of which are a permitted use in the DHD. City Of Woodburn Police Department 270 Montgomery Street Woodburn, Oregon 97071 Ken Wright Chief of Police Date: May 20, 1993 To: ] Mayor & Council Thru: ~--/--%Chris Childs, City Administrator Fro~ /~en Wright, Chief of Police Subj"'e~xr~.' Public Hearing - Luise's Bakery At the May 10, 1993 City Council meeting, the Council set a public hearing to review and take testimony for the application of Luise's Bakery. Luis and Luisa Quintero have applied for a package store license. The proposed location is located at 523 North Front Street, Woodburn. (503) 982-2345 (Overhead) Historical District Map (not included) The proposed location is within the boundaries of the designated Woodburn Historical District. Refer Planning Director staff report. As I stated in my initial memo to the Mayor and Council, applicants are cUrrently licensed by OLCC in Newberg. Applicant background was completed finding no adverse information. Applicants, upon interview, informed the Police Department that they would intend on operating a bakery and serving hot foods for on-premises consumption as well as to go. There will be tables and chairs for a dining atmosphere, they would propose to only sell beer and wine in package form for off-premises consumption. The Police Department requested the Council hold a public hearing to consider public input and review the applicants application in detail. As the Council will recall, another applicant applied for a package store license in 1990. a result of the testimony and public hearing, the applicant withdrew prior to the decision point. As The area in question is around the coruer from the previous location. The location still has much of the same clientele and continued criminal problems. Reference Material in Part: (Included in Packet) (Overhead) 1. -Liquor Licensing In Oregon, A Citizen's Handbook (Pages 8-9 and 20- 23) printed and published by the Oregon Liquor Control Commission (Overhead) 2. Oregon Administrative Rules, In Part. OAR 845-05-007(4) Information From the Public OAR 845-05-026(3) License Not Demanded by Public Interest or Convenience (Overhead) 3. Oregon Revised Statutes, Volume 9 ORS 472.160(5) Grounds for Refusal of License I would bring to the Council's attention the repeated and emphasized statements quoted by the OLCC and as emphasized in both administrative rule and by statute. Information that the Council can make a decision on must be factual and or a "reasonable probability". I would emphasize reference material OLCC Handbook, page 23. Listed are; (1) illegal activities, and (2) disorderly activities. (Overhead) 4. City Map with Grids (not included) Criminal conduct and police activity within the area described at 523 North Front Street, also is identified on the police maps as Grid 601. The following are activities for Grid 601 between years 1990 - 1992. (overhead graph chart) The Police Department has divided the City into grids, or sections. Each grid is bounded by geographical markers such as streets, intersections, and City Limits. Each grid generally contains properties zoned or utilized for the same purposes. We have grids identifying business areas as follows: (C'~ map w/grids) 101 - Fairway Plaza 201 - 301 - 311 - 601 - 99E & Young 99E & Lincoln (Mall 99) 99E & 211 (North Park Plaza) Downtown Area I am providing as an overhead the Police Department's Oregon Uniform Crime Report (OUCR), as provides by the Law Enforcement Data Systems, State of Oregon. This report only provided partial data for the City as a comparison of the total crime statistics for the entire city over the past five years are as follows: Overhead Graph: (not included) 1992 - 8172 1991 - 8338 1990 - 8668 1989 - 9540 1988 - 10,355 2 8A As revealed by the OUCR data, the crime statistics show a continued and on-going problem within the city's downtown area. I believe the crime data supports the OLCC requirement for a denial of license as per ORS 472.160(5), OAR 845-05-007(4), OAR 845-05-026(3), and OLCC Handbook, (page 22 - Reasonable Probability, and page 23 - Disorderly Activities) * (Overhead 601 Graph of Activities) POLICE RECOMMF~NDATION: - Deny Applicant - KLW/nje cc: File 3 ~ 0 0 r.-' 8A ~" ~"~ %r° ~ D 0 (1)fy ¢.~ ~ ~ ~ o ~o o~ o o ~ ~ ~', ~ -. · . ~ · o ~ OREGON ADMINISTRATIVE RULES CHAPTER 845, DIVISION 5 - LIQUOR CONTROL COMMISSION 8A DIVISION 5 CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES Purpose 845-05-005 The purpose of these rules is to set forth the principal criteria which shall be considered by the Oregon Liquor Control Commission in granting, denying, modifying, or mewing liquor licenses and related privileges and by the Commission staff in recommending such actions to the Commission. The rules may be used as guidelines to local government in making recommendations to the Com- mission. StaL Auth.: ORS Ch. 471 & 472 Hist.: LCC 46(Temp), f. & cf. 1-21-74; LCC 47, f. 3-28-74. el. 5-1 ~74; LCC 16-1979, f. 8-28-79, cf. 8-29-79; Renumbcred fre,m 845-10-700 [ED. NOTE: The text of Temporary Rules is not printed in the Oregon Administrative Rules Compilation. Copies may be obtained from the adopting agency or the S~cretary of State. Public Notice of License Applications 845-05-006 (1) At least 14 calendar days before thc Commission grants or den/es an initial annual license, a change of license privileges, the addition of alcoholic bev- erage sales or service to an outdoor area, or a change of ownership where the Commission determines that the poten- tial exists for problems with unlawful activities, noise or disturbances in or around the premises that are related to the sale or service of alcoholic beverages, the Commission w ill provide written notice as follows: (a) Conspicuous notice posted on the premises pro- posed to be licensed; ~ (b) Notice to licensed child care facilities, elementary or secondary schools, hospitals, nursing care or convales- cent care facilities, parks, children-oriented recreational facilities, or alcohol and other drug treatment or rehabilita- tion facilities within 500 feet of the premises in urban or suburban areas 'and 1,500 feet in rural areas; and (c) Notice to the neighborhood organization(s) for the area in which the proposed premises are located if the organization is recognized by the appropriate city or county and registered with the Commission. If there is no recog- nized organization, the Commission will notify any organi- zation registered with the Commission that represents at least 25 households in the area. (2) The notice will include: (a) Name of Applicant. If applicant is not an individ- ual, the name(s) of the person(s) who will have primary responsibiLity for operating the business. (b) Address of premises proposed to be licensed. (c) Type of license. (d) Legal hours of operation. (e) How to contact the Commission within 14 days for further information about: (A) The application; (B) Providing information to the Commission to help determine the appLicant's eligibility for a license; and (C) Participating in the Commission's licensing proc- CSS. (3) The applicant will, by providing a copy of the license application, give notice to the incorporated city in which the premises are located, or if the premises are not located in an incorporated city, the county in which the premises are located. Stat. Auth.: ORS Ch. ltlsL: Information From the Public 845-05-007 Local governments, other government agencies, and any otherorganizations, facilities, or individu- als may provide reliable factual information to the Commis- sion concerning whether there is a basis to grant or deny a license or to impose License reslrictions under ORS chapters 471 or 472 or OAR chapter 845. As an example, "reliable factual information" includes personal observations of ac- tivities in or around the proposed outlet, as opposed to opinion, feelings, beliefs or speculation. Some of the bases to deny or restrict licenses include the following issues relating to probable conflicts between the community and the exercise of the license privileges: (1) Disturbances, lewd or unlawful activities or noise in or in the immediate vicinity of the premises that are related to the sale or service of alcoholic beverages. See ORS 471.295(5); ORS 472.160(5); OAR 845-05-027. (2) Applicant has a history or record of using alcohol or other drugs to excess. See ORS 471.295(4)(a); ORS 472.160(4)(a): OAR 845 4354325 (4). (3) Applicant proposes to locate near a licensed child care facility or elementary or secondary school; a church; a hospital, nursing care faciLity or convalescent care facility; a park or children-oriented recreational facility; an alcohol and other drug treatment or rehabilitation facility. See ORS 471.295(1), 472.160(1) and OAR 845435-026(2). :.-_.........~ (4) Applicant p?pos?..to~.t¢:i~. :.~an_~._area that history of ~6ri6u~_6r'~6~ts'/6n~'~obl;~_'~:. ~u37.!. awful fivities, noise or disturbances. See ORS 471.295(1), 472.160(I and OAR 845-05-026(3)7 ._....___..~ Stat. Auth.: ORS Ch. Il[st.: Interpretation 845-05-010 These rules shall be interpreted by the Commission so as to provide tmiformity in consideration of license applications and to effectuate the purpose of the Oregon Liquor Control statutes. The Oregon Liquor Control statues may provide requirements additional to these rules. In the event of conflict between these rules and the statutes, the statutes shall prevail. OAR 845-05-005 through 845-05- 050 shall be given retroactive effect so as to apply to all license applications still pending before the Commission as of August 29, 1979. The March 1, 1987 amendments to this division apply to all license applications filed on or after March 1, 1987. Stat. Auth,: ORS Ch. 471 & 472 Hist.: LCC 46(Temp), f. & cf. 1-21-74; LCC 47, f. 3-28-74, el. 5-1-74i LCC 16-1979, f. 8-28-79, el. g-29-79; LCC 27-1979(Temp), f. & el. 11-23-79; LL~ 4-1980, f. 1-28-80, el. 2-1-80; Renum- bered from 845-10-705;OLCC 2-1987, f. 2-9-87, cf. 3-1-87 [ED. NOTE: The text of Temportry Rules is not printed in the Oregon Adminisuafive Rules Compilation. Copies may be obtained from the adopting agency or the Secretary of State.] 1 - Div. 5 (April 1990) OREGON ADMINISTRATIVE RULES CHAPTER 845, DMSION 5 - LIQUOR CONTROL COMMISSION 8A passage of time since la_st relevant incident and previous record of compliance. (5) The applicant has been convicted of a felony when there is a relationship between the facts that support the conviction and applicant's fimess m exercise the license privileges. When there is a relationship between the appLi- cant's timess and the felony, the Commission considers any intervening circumstances in determining whether to deny the license based on this criterion. (6) The applicant provides material false or mislead- Lng information to the Commission. (7) The applicant is not at least 21 years old. Good cause to overcome this criterion includes a showing by the applicant that the minor applicant will not participate in the management or control of alcohol-related business deci- sions or of employees involved in alcoholic beverage sale or service. Stat. Auth.: OILS Ch. 471 & 472 Hint.: LCC 46(Ternp). f. & el. 1-21-74; LCC 47, f. 3-28-74, et'. 5-1-74; LCC 6-1978, f. 6-23-78. eL 7-1-78; LC-'C 16-1979, f. 8-28-79, el. 8-29-79; Re.umbered from 845-10-720, OLCC 2-19117, L 2-9-87, et'. 3-1-87 [ED. NOTE: The text of Tc~nporary Rules is not primtxt in the Oregon Admiaistr~tive Rules Ccmpilatic~. Copies m,y be obtained fram the adolxi~ agency or the Secretary of Sta~] License Not Demanded by Public Interest or Convenience 845-05-026 ORS 471.295(1) and 472.160(1) allow the Commission to deny a license that public interest or convenience does not demand. The following are some of the public interest or convenience reasons for Milch the Commission may deny a license unless the applicant shows good cause to overcome the criteria: (1) Alcohol-Related Problems at Other I_5a, msed Prem- ises: (a) 'Fne applicant has had repeated problems at another licensed location during the two years preceding this appli- cation or has had a License cancelled or renewal refused because of problems with disturbances, lewd or unlawful activities or noise. These problems: (A) Must occur on the licensed premises or be caused by patrons in the immediate vicinity of the licensed prem- ises; (B) Include. but are not limited to, obtrusive or exces- sive noise, music or sound vibrations; public drunkenness; fights; altercations; harassment; unlawful drug sales; alco- hol-related litter;, trespassing on private property; and public urination; and (C) Must be related to the sale or service of alcohol under the exercise of license privileges; Co) Good cause to overcome this criterion is a showing by the applicant that the applicant wilI reasonably control all of the applicant's licensed premises to prevent problems described in subsection (1)(a) paragraphs (A), 03) and (C) of this rule. Factors that affect this good cause determination may include, but are not limited to: (A) Applicant is currently licensed at an outlet that has not had the problems described in subsection (1)(a) para- graphs (A), 03) and (C) of this rule in the past yea~, (B) Applicant successfully regained control of prem- ises that had problems described in subsection (1)(a) para- graphs (A), (B) and (C) of this rule; (C) Applicant has a corrective plan that is likely to be effective; (D) License conditions or restrictions would enable control of applicant's premises; (E) Applicant did not participate in the dally operation of the problem outlet, and there has not been a pattern of problems described in subsection (1)(a) paragraphs (A), (B) and (C) of this rule at other outlets where applicant has been licensed; (c) This criterion does not apply to renewal applica- tions. (2) Proximity to Facilities: (a) The licensed premises: (A) Will be located within 500 feet in an urban or suburban area, or within 1,500 feet in a rural area of the boundary (measured property line to property line) of a licensed child care facility or elementary or secondary school; a church; a hospital, nursing care facility or conva- lescent care facility; a park or children-oriented recreational facility; and alcohol and other drug treatment or rehabilita- tion facility; and (B) Will adversely impact the facility. Co) Good cause to overcome this criterion includes, but is not limited to, a showing by the applicant than (A) The proposed operation is consistent with the zon- ing where the proposed premises will be located, is consis- tent with the general character of the area and the adverse impact will not unreasonably affect thc facility; or (B) The size of the proposed premises, community is so small that the proposed location is a reasonable location for the proposed operation. (c) This criterion does not apply to renewal applica- tions or to changes of ownerskip with no change in license privileges or operation. (3) Problem Areas: '----/ (a) The licensed premises will be located in an area that has a tory o. ous orpe istentprobiems with u aw, activities, noise or disturbances. These problems need not alcohol related. Co) Good cause to overcome this criterion includes, but is not limited to, a showing by the applicant that' (A) Alcoholic beverage sale or service at the premises will not substantially contribute to the problems; or (B) The applicant has a plan that demonstrates a will- ingness and ability to adequately control the proposed premises and patrons' behavior near the licensed premises. (c) This criterion does not apply to renewal applica- Lions or to changes of ownership with no change in license privileges or operation. (4) Package Store Licenses: (a) The applicant seeks a package store license in conjunction with a dispenser license. Good cause to over- come this criterion is a showing by the applicant that the community is inadequately served by other package store licenses or that the package store license will not detract from the dispenser's primary operation as a restaurant. CO) The applicant seeks a package store license at an outlet that sells petroleum products and does not or will not maintain a wide variety of grocery items that is available for immediate sale. "Wide variety" means an inventory at a cost to the applicant of not less than $5,000 of foods that satisfy the general public's ordinary eating habits and personal and household products. "Wide variety" does not include alco- holic beverages or tobacco products. It also does not include (April 1990) 4 - Div. 5 8A SALE OF ALCOHOLIC LIQUOR BY INDIVIDUAL DRINK 472.160 (2) The commission may, by order, pro- vide for the manner and conditions under which: (a) Alcoholic liquors lefc by any deceased, insolvent or bankrupt person or licensee may be disposed of; Co) The business of any deceased, insol- vent or bankrupt licensee may be operated for a reasonable period following the death, insolvency or bankruptcy; (c) A business licensed pursuant to OP~ 472.110, 472.117 or 472.205 subject to a secu- rity interest may be continued in business by a secured party as defined in ORS 79.1050 for a reasonable period after default on the indebtedness by the debtor; or (d) A license granted under this chapter may be transferred from the place for which the license was originally issued to another location. [1957 c.220 §6 (enacted in lieu of 472.140); 1965 c.284 §4; 1971 c.470 §5; 1973 c.311 §4:1977 c.332 §2; 1977 c.360 §4l 472.145 License terms; initial licenses for less than year;, computing fees. (1) Except for licenses issued as provided by ORS 472.116, 472.195 and 472.205, all licenses and renewals thereof shall be issued for a period of one year which shall expire at 12 midnight on .March 31, June 30, September 30 or December 31 of each year. (2) Notwithstanding subsection (1) of this section, a license issued for the first time to an applicant may be issued for less than a year. The license fee for th~e~first license of an applicant, if the license is issued for a fraction of a year, shall be proportionate to the annual license computed on a quarterly basis, counting a major fraction of a quarter as a whole quarter. {1971 c.470 §7; 1979 c.187 §41 472.147 Inclosure of licensed premises. Nothing in this chapter requires any licensed premises to be inclosed by wall, fence or any other means. [1975 c.207 §6] 472.150 Application for initial license or renewal of license; license fees. (1) Any person desiring a license or renewal of a li- cense shall make application to the Oregon Liquor Control Commission, upon forms fur- nished by the commission, showing the name and address of the applicant, the applicant's citizenship, location of the place of business which is to be operated under such license, and such other pertinent information as the commission may require. No license shall be granted or renewed until the provisions of this chapter and the regulations of the com- mission shall have been complied with. (2)(a) The annual license fee for a Class "A' dispenser's license shall be $400 and for a Class "B" dispenser*s license shall be: For clubs with fewer than 500 members ............................................ 5100 For clubs with 500 to 1,000 members ......................................... $200 For clubs for 1,000 or more members ....................................$300 (b) The annual license fee for a Class "C' dispenser's license shall bc $300. (c) The license fee for a seasonal dispenser's license shall be $40 per month. (d) The annual license fee for a caterer dispenser*s license shall be $300. ~1953 c.175 §9; 1955 c.434 §2; 1965 c.284 §5; 1967 c.28 §2; 1971 c.470 §8; 1973 c.395 §8; 1979 c.126 §2; 1979 c.881 §la; 1989 c.120 §5] 472.155 Temporary letter of authority on change of ownership. (1) The commis- sion may grant a temporary letter of author- ity for a period not to exceed 90 days on change of ownership applications for licenses granted under this chapter if the applicant pays the fee prescribed by the commission for a temporary letter. A temporary letter of au- thority issued under this section or under ORS 471.262 or 471.297 shall not constitute a license as defined in ORS 183.310 (4). (2) The commission summarily and with- out prior administrative proceedings may re- voke a temporary letter of authority, any time during the 90 days if the commmsmn finds that any of the grounds for refusing a permanent license under ORS 472.160 or canceling or suspending a license under ORS 472.180 exist. (3) A person subject to subsection (2) of this section shall be given an interviexv un- der the direction of the commission if the person requests an interview prior to revo- cation of a temporary letter. However, the proceedings are not a contested case under ORS 183.310 to 183.550. [1989 c.416 §21 472.160 Grounds for refusal of license. The commission may refuse to license any applicant if it has reasonable grounds to be- lieve: (1) That there are sufficient licensed prerrdses in the locality set out in the appli- cation, or that the granting of a license in the locality set out in the application .is not demanded by public interest or convenience_ (2) That the applicant has not furnished an acceptable bond. (3) That, except as allowed by ORS 471.456, any applicant to sell at retail for consumption on the premises has been fi- nanced or furnished with money or property by, or has any connection with, or is a man- ufacturer of, or wholesale dealer in, alcoholic liquor. 472.170 LIQUOR; DRUGS (4) That the applicant: (a) Is in the habit of using alcoholic beverages, habit-forming drugs or controlled substances to excess. 03) Has made false statements to the commission. (c) Is incompetent or physically unable to carry on the management of the establish- ment proposed to be licensed. (d) Has been convicted of violating any of the alcoholic liquor laws of this state, general or local, including the provisions of this chapter, or has been convicted at any time of a felony. (e) Has maintained an insanitary estab- lishment. (f) Is not of good repute and moral char- acter. (g) Did not have a good ~'ecord of com- pliance with the alcoholic liquor laws of this state and the rules of the commission when previously licensed. (h) Is not the legStimate owner of the business proposed to be licensed or that other persons have ownership interests in the business, which interests have not been disclosed. (i) Is not possessed of or has not demon- strated financial responsibility sufficient to adequately meet the requirements of the business proposed to be licensed. (j) Is unable to read or write the English language or to understand the OreEon Liquor Control Act or rules of the commission. .eewrt(i That there is of serious and history a istent problems involving disturbances, or unlawful activities or noise either in the premises or involving patrons of the es- tablishment in the immediate vicinity of the ~preimises if the activities in the immediate vicinity of the premises are related to the sale or service of alcohol under the exercise of the license privilege. Behavior which is grounds for cancellation or suspension of a license under this section, where so related to the sale or service of alcohol, includes, but is not limited to obtrusive or excessive noise, music or sound vibrations; public drunkenness; fights; altercations; harassment or unlawful drug sales; alcohol or related litter; trespassing on private property; and public urination. Mitigating factors include a showing by the licensee that the problems are not serious or persistent or that the ap- plicant has demonstrated a willingness and ability to control adequately the licensed premises and patrons' behavior in the imme- diate vicinity of the premises which is re- lated to the licensee's sale or service of alcohol under the licensee's exercise of the license privilege. [1953 c.176 §10; 1979 c.744 §35a; 1979 c.881 §5; 1981 c.599 §6; 1989 c.785 §91 472.170 Examinations of books and premises of licensees. (1)The commission shall have the right a~er 72 houxs' notice to the owner or the agent of the owner to make an examination of the books and may at any time make an examination of the premises of any licensee, or to check the alcoholic content of liquors carried by the said licensee, for the purpose of determining compliance with this chapter and the rules of the commission. (2) The commission shall not require the books of any licensee to be maintained on the premises of the licensee. [1953 c.176 §13; 1977 c.215 §2] 472.180 Grounds for suspension or cancellation of license or imposition of fine. The commission may cancel or suspend any license granted, or impose a monetary penalty in lieu of or in addition to suspen- sion as provided by ORS 472.187, if it finds: (1) That the licensee has violated any provision of this chapter or any rule of the commission adopted pursuant thereto. (2) That the licensee has made any false representation or statement to the commis- sion in order to induce or prevent action by the commission. (3) That the licensee is not maintaining an acceptable bond. (4) That any person licensed under this chapter is acting as an agent of, or is a manufactuxer or xvholesaler of, alcoholic liq- uors, or has borrowed money or property, or has accepted gratuities or rebates, or has obtained the use of equipment i~om any manufacturer or wholesaler of alcoholic liq- uor or any agent thereof. (5) That the licensee maintains an insan- itary establishment or has been supplying impure or otherwise deleterious beverages or food. (6) That the licensee is insolvent, incom- petent or physically unable to carry on the management of the establishment of the licensee. (7) That the licensee is in the habit of using alcoholic liquor, habit-forming drugs or controlled substances to excess. ($) That the licensee knowingly has sold alcoholic liquor to persons under 21 years of age or to persons visibly intoxicated at the time of sale or has knowingly allowed the consumption of alcoholic liquor on the li- censed premises by a person who is visibly intoxicated at the time of consumption. (9) That the licensee has misrepresented to a customer or the public any alcoholic liquor sold by the licensee. 8B MEMO TO: FROM: City Council through City Administrator Public Works Program Manager/~ ~/~ SUBJECT: Oregon Community Development Block Grant Public Hearing DATE: May 17, 1993 The national objective of the Community Development Block Grant program is the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of Iow and moderate income. The objective of the Oregon Community Development Block Grant program is to enhance the quality of life in Oregon communities. The Oregon goals are to: Increase business and employment opportunities; Conserve the existing housing supply and improve housing conditions; Improve the availability and adequacy of public facilities; Resolve situations which pose a serious and imminent threat to community health or welfare; and Increase the supply of housing affordable to Iow and moderate income persons. To achieve this goal, the Oregon program offers grants to eligible cities and counties in six categories. They are Public Works, Housing Rehabilitation, Community Facilities, Handicapped Accessibility, Economic Development and Technical Assistance. For the 1993 program, the State expects to have approximately $15 million in federal funds from the U.S. Department of Housing and Urban Development (HUD) to grant to nonentitlement cities and counties for eligible community development projects. This amount includes unobligated 1992 program year funds remaining on June 30, 1992, program income, and recaptured funds from prior year grants. The purpose of this public hearing will be to give citizens an opportunity to propose projects before the city makes a decision about what project to apply for. The application deadline has passed for all grant categories with the exception of Public Works. Inputs are solicited however on possible grant opportunities for the other categories. The application that the City will be contemplating will be for a public works grant. There is approximately $4.2 million available statewide for public works grants. 8B City Council through City Administrator May 17, 1993 page 2 Projects under the public works category include all types of publically-owned capital improvements such as sanitary and storm sewers, water works, and streets. Improvements may be required to solve a problem affecting the entire community or just a neighborhood. The Oregon Economic Development Department has for the past several months been preparing to change the public works category from an annual competition to a year round application system. Uncertainty about President Clinton's economic stimulus proposal further delayed implementation. Final rules are now projected to be available by August 1, 1993. There are two public hearings required for the application process. The second hearing is to bring public comments about the specific project proposed for the grant application to the attention of the city. This second hearing will be scheduled after final application guidelines are received. Again, the purpose of this hearing is to give citizens an opportunity to propose projects which the City may make application for an Oregon Community Development Block Grant. 8C MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager ~ Public Hearing on Proposed Sale of Surplus Property May 18, 1993 RECOMMENDATION: Approve the resolution prepared declaring this property surplus and making it available for sale. 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. There has been interest by both School Bus Services, Inc. and Morgan Drive Away, Inc. in purchasin9 a portion of the remainin9 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. 8C City Council through City Administrator April 21, 1993 page 2 Since there are two parties who have expressed interest in the property the sale of the property will be through advertisement and the receipt of sealed bids. A minimum price based upon an already completed appraisal will be established. Terms of the sale will be cash upon closing. The resolution to be considered as part of general business should be approved declaring this property surplus and making it available for resale. 8C I N0.U, STRIAL LOT 10 / BLOCK I ;'~ 4o~. ,~ LOT 2 LOT I1~ ~ ~O. '~ 29L60' LOT I 55~.3~' (Ng9°38'49"w 556.36') 9 ?.13' CAP CURVE DATA ATTACHMENT A ~~.% · LOT ;TRIAL ~ _OT I0 CO~ ~0' / CEL- 2 ACRES / 29L60' (EO TOP · 556.36' ) PARCEL 1 2.03 ACRES S.£. COR. COT I ~ 9 7.13' "~""'- 5/8~ I.R. ~/PL. CAP 'I~ASOH" (C.S. 260491 CLOCK LOT 2 ~o- 4,/'~,o - (.c'/ ~.cc£SS c e'/~'LR. ~,/&L. CAP K Ir COR. LOT I ~ LOT. I PARCEL TO BE SOLD 8C LOT 2 ATTACHMENT B 10A COUNCIL BILL NO. 1470 RESOLUTION NO. A RESOLUTION DECLARING CERTAIN CITY PROPERTY LOCATED IN THE WOODBURN INDUSTRIAL PARKTO BE SURPLUS PROPERTY AND AUTHORIZING ITS SALE TO THE HIGHEST BIDDER. WHEREAS, Notice of Public Hearing has been published on the proposed sale of the below described city property, and WHEREAS, the Woodburn City Council has conducted a public hearing on May 24, 1993, to hear testimony concerning said sale, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The description of the involved real property is as follows: A 2.03 acre portion of Parcel 1, Partition Plat 91-37, Woodburn, Marion County, Oregon. Section 2. The Council finds, based upon the staff report dated May 18, 1993 from the Public Works Department and upon the public testimony herein presented, that the property is not needed for public use and that it is in the public interest to sell said property. Section 3. The Council further finds, based upon an appraisal conducted on August 28, 1992, that the appraised value of the property is $65,000 and that this is the fair market value of the property. Section 4. The Council hereby authorizes the property to be sold by a sealed bid process and sets a minimum bid of $65,000 for the property. The property shall then be sold to the highest bidder, with the full amount of the bid payable to the City in cash at the close of~ffscrow. _-~ ~ , Approved as to form: ~" ~/ -J- t J City Attorney Date Page I - COUNCIL BILL NO. RESOLUTION NO. lOB MEMO DATE: TO: FROM: RE: MAY 18, 1993 CITY COUNCIL THOROUGH THE CI-FY ADMINISTRATOR NANCY GRITTA, FINANCE DIRECTOR LIEN SEARCHES The number of requests we are receiving from title companies requesting lien searches has increased dramatically in the last two years. This is taking more and more of employees' time. In the past we have done this totally without charge. It no longer is financially prudent, given the time involved, to continue to provide this service free of charge. The amount charged for this service varies from jurisdiction to jurisdiction. We suggest that a fee of $10 be incorporated as part of a general policy expressed in the ordinance which is part of this packet. Also included will be a $1 fee which we have been charging since February 18, 1992, for replacement water/sewer bills for customers who have lost their bill. COUNCIL BILL NO. 1471 RESOLUTION NO. A RESOLUTION ESTABLISHING A LIEN SEARCH POLICY AND IMPLEMENTING ADMINISTRATIVE FEES. WHEREAS, numerous requests are submitted for city lien searches and replacement water and sewer bills; and WHEREAS, the city incurs administrative costs in providing these services; and WHEREAS, the Council finds that persons requesting such services should pay a portion of the costs incurred; NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the attached policy regarding lien searches and water and sewer bill replacement is hereby adopted by the city. Section 2. That administrative fees of $10.00 for a lien search and $1.00 for the creation of a replacement water and sewer bill are hereby impleme,nted. / Approved as to form: ,, / City Attorney Date APPROVED: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Len Kelley, Mayor lOB Page 1 - COUNCIL BILL NO. RESOLUTION NO. lOB CITY OF WOODBURN LIEN SEARCH AND WATER/SEWER BILL REPLACEMENT POLICY Persons requesting lien searches for the city shall make requests in writing to the Finance Department of the city of Woodburn. Request for lien searches shall provide the following: address of the property in question, owner of the property, tax I.D. number of the property, known liens on the propertY, person requesting lien search, and phone number of person requesting line search. The city shall not be responsible for lien searches for which incorrect information is provided. Requests for lien searches shall be accompanied by a $10.00 fee and a self- addressed, stamped envelope. Information about liens will not be given over the phone with the exception of updates on water/sewer bills for which a written response has previously been issued or liens for which interest accrues until the day of payoff and the city has indicated, "Call for final pay-off amount", on a previously written response. Any written lien search shall be considered invalid if action has not been taken on the property within 6 weeks of the date of the search. Water/sewer customers for whom replacement bills must be produced shall be charged ~ 1. This fee will not be charged for customers making pre-payments on their accounts. 10C COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION AUTHORIZING THE TRANSFER APPROPRIATIONS DURING FISCAL YEAR 1992-93. 1472 OF OPERATING CONTINGENCY 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 General Fund requires a transfer of operating contingency to the Materials & Services category within the Non- Departmental accounts to cover unanticipated litigation costs incurred during the fiscal year, now, therefore THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That authorization is hereby given to transfer the following operating contingency appropriation: GENERAL FUND: Transfer From: Operating Contingency $23,000 Transfer To: Materials & Services - Non-Departmental city Attorney $23,000 Date APPROVED LEN KELLEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the office of the Recorder ATTEST Mary Tennant, Recorder city of Woodburn, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. ICMA RETIREMENT CORPORATION April 15, 1993 Christopher Childs City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071-4730 Cot porale Headquarters Suite 600 777 North Capitol Street, NE Washington. DC 20002-4240 (202) 962 4600 Toll-Free (800) 669-7400 RE: 0007 Dear Christopher Childs: At the beginning of our relationship, the ICMA Retirement Corporation ("RC") and the C~ty of Woodburn entered into an agreement entitled "lrust Agreement with the ICMA Retirement Corporation" (also known as Appendix C) with the Retirement Corporation. That agreement only refers in a very general way to the administratove services to be provided by RC and the fees to be paid for those services, and it does not provide an accurate portrayal of our current relationship. To illustrate, the ICMA Retirement lrust currently consists of $2.4 billion in total assets, and that figure represents the pooled monies of approximately 145,000 local government employees. This is a significant increase over the. $459,000 managed by RC for 285 participants in 1972. With the growth of the Retirement Trust, the services RC provides for administration of your deferred compensation plan have also grown. The administrative services we now provide include: * Educating and enrolling participants; * Maintaining employer accounts and employee subaccounts, and associated records; * Crediting employer contributions to employee accounts; * Reporting investment activity and account information to the employers and employees on a quarterly basis; * Providing information about various features of deferred compensation plans on a regular basis; * Paying benefits and handling related tax reporting. Consequently, the "Trust Agreement" we initially entered into does not describe the services RC provides in sufficient detail. As a result, we have prepared a new Administrative Services Agreement, two copies of which have been signed by RC and enclosed. We believe the 1OD ICMA-RC Services, Inc. biember N,ASDandSIPC ~sawhollyowred broker doa!er suosid,aryo!tnelCMA RetlrementCorporatlon Administrative Services Agreement provides a more accurate and up-to-date description of the existing relationship between you and RC. We propose that the City of Woodburn and RC enter into the Administrative Services Agreement to replace the "Trust Agreement with the ICMA Retirement Corporation". Upon your acceptance of the Administrative Services Agreement, that substitution will occur. The Administrative' Services Agreement is not intended to affect in any way the investments of your deferred compensation plan or the benefits payable under the plan. Nor is it intended to change in any way the services actually provided by RC, or the fees actually charged by RC with respect to the administration of the plan. Please sign each of the enclosed copies of the Agreement. Return one copy to RC using the enclosed return envelope, and keep one copy for your records. If we do not hear from you, and RC does not receive a signed Agreement within 90 calendar days of your receipt of this letter, and the Trust continues to receive plan contributions, RC will interpret those actions as acceptance of the terms of the Agreement after the expiration of the 90-day period. If you have any questions regarding the Administrative Services Agreement, please call Chris Baker of our Client Services division at (202) 962-8076, or call my Legal Assistant, Jan Feldman, at (202)962-4677. Since~.ely, House Counsel Enclosures: Administrative Services Agreement (2 copies) Return Envelope 1OD COUNCIL BILL NO. 1473 RESOLUTION NO. A RESOLUTION TERMINATING A TRUST AGREEMENT WITH THE ICMA RETIREMENT CORPORATION AND AUTHORIZING THE MAYOR TO SIGN AN ADMINISTRATIVE SERVICES AGREEMENT REPLACING SAID TRUST. WHEREAS, the City maintains a deferred compensation plan for its employees which is administered by the ICMA Retirement Corporation; and WHEREAS, the City originally entered into an agreement with ICMA entitled "Trust Agreement with the ICMA Retirement Corporation", and WHEREAS, it is in the interest of ICMA and the City to replace the "Trust Agreement with the ICMA Retirement Corporation" with an administrative services agreement which is more accurate in describing the existing relationship between the City and ICMA; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the Council finds that it is in the City's interest to replace the "Trust Agreement with the ICMA Retirement Corporation" with a more current administrative services agreement. Section 2. That the Mayor is authorized to sign, on behalf of the City, the administrative services agreement, a copy of which is attached hereto and, by this reference incorporated herein. Approved as to form: v/~ v~t-- City Attorney Dat(~ APPROVED: Len Kelley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. MEMO IOE TO: FROM: SUBJECT: DATE: OPTIONS: A) B) C) City Council through the City Administrator Public Works Program Manager Ordinance for Bi-Mart/Kmart Signal May 18, 1993 The council has three options to choose from: Approve the ordinance and order that the improvment to be carried out. Modify the proposed improvement. Abandon the improvement. RECOMMENDATION: It is recommended that the council adopt option "A", approve the attached ordinance directing that the Bi-Mart/Kmart signal be installed and providing for payment of the improvement through assessment of the benefitted property owners. BACKGROUND: Resolution 1178 was approved by the Woodburn City Council on April 26, 1993 declaring the city would install, through special assessment, a traffic signal at the Bi- Mart/Kmart shared access to Oregon Route 214. The council conducted a public hearing at the May 10, 1993 meeting on the city's intent to install the traffic signal. At the conclusion of that public hearing, council directed staff to prepare an ordinance to direct the installation of a traffic signal through special assessment at the Bi-Mart/Kmart access to Highway 214. The concept that the affected commercial properties would be responsible for installation of the traffic signal has been reinforced by the Planning Commission and Council since first brought up in 1988 with development of the Bi-Mart store. The method of cost distribution among the properties was presented to City Council in October, 1989. The permit to construct the approach road for the Kmart store acknowledged as a condition of granting access that property owners would share the cost of signal installation when warranted. During the approval process for the Kmart store a non-remonstrance agreement for installation of the signal, when warranted, was included. Property owner participation in the signal installation has been an acknowledged part of planning for improvements in this area and should be carried out in this manner. The ordinance requested by council has been prepared and staff requests its approval. RR:Ig SGNL.CC COUNCIL BILL NO. 1474 ORDINANCE NO. AN ORDINANCE RELATING TO IMPROVEMENT OF THE BI-MART/KMART ACCESS TO OREGON STATE HIGHWAY 214 BY INSTALLATION OF A TRAFFIC SIGNAL; ADOPTING ESTIMATES. DIRECTING THE CONTRACT DOCUMENT PREPARATION AND CONSTRUCTION CONTRACT AWARD; PROVIDING FOR PAYMENT OF THE COSTS THEREOF BY PROVIDING THAT THE COSTS THEREOF SHALL BE ASSESSED TO THE PROPERTIES BENEFITTED. WHEREAS, Resolution No. 1172 directed staff to bring an engineering report to the city council, and WHEREAS, the engineering report was approved by the council on April 26, 1993, and WHEREAS, Resolution No. 1178 was passed to install a traffic signal at the Bi-Mart/Kmart shared access to Oregon Route 214, and WHEREAS, a public hearing was held on May 10, 1993, and WHEREAS, written remonstrances sufficient in number to prevent such improvement have not been received, NOW THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That the traffic signal at the Bi-Mart/Kmart shared access to Oregon Highway 214 be installed pursuant to Resolution No. 1178 in accordance with plans, specifications, and estimates prepared for the city, which said estimates are hereby incorporated herein and made a part of this ordinance by reference. Section 2. That the cost of said improvement shall be at the expense of property specially and peculiarly benefitted by such improvement within the assessment district established by Section 3 of this ordinance. Section 3. That the property specially and peculiarly benefitted by such improvement and to be assessed therefore 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 f) 92840-042 Owner of Record Woodburn Associates Bi-Mart Corp. Mabel Vaccari Thrifty Realty Co. VVWDM Properties J. Larry Fugate Savage, Savage & Brown GFl-Woodburn Investments IOE Page 1 - COUNCIL BILL NO. ORDINANCE NO. IOE Section 4. That the City Engineer's cost estimate, including 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. Section 5. 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 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 the City Council finds that it is in the public interest to assess costs to the benefitted property at the completion of public improvement. City Engineer approved costs of performing signal design engineering by a benefitted property owner may be included as a normal project cost for assessment. Section 7. That the City Engineer is hereby authorized to call for and receive bids or cause it to happen. Section 8. That the interest rate is hereby fixed at 7.0 percent. Section 9. That the City Recorder is hereby authorized to proceed with the issuance of general improvement warrants to finance the project. ~" Approved as to form: ~ J ' / ~ ~ City Attorney Dar APPROVED: Len Kelley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page 2- COUNCIL BILL NO. ORDINANCE NO. 'l OF City Of Woodburn Police Department 270 Montgomery Street Woodburn, Oregon 97071 Ken Wright Chief of Police Date: ] May 19, 1993 To: ~. Mayor & Council Thru'// [.. Chris Childs, City Administrator Fr(m! ,~&en Wright, Chief of Police Subj.:I Fourth of July Street Closure Request/City Ordinance 1900 (503) 982-2345 The City has received a street closure request from residents of Alexandra Court. As in previous years, they again request to close Alexandra Court on July 4, 1993 from 10:00 a.m. to 10:00 p.m. Anne Lima and Cheryl Mill are in charge and have requested permission to block off the street, which is a cul de sac. 100% of the residents have signed the petition. They have also requested use of a "Street Closed" sign from the street department, which would be returned after the event. There will be access for emergency vehicles. RECOMMENDATION: Approval of Closure KLW/nje cc: Council File 1OF TO WHOM IT MAY CONCERN We. the residents of Alexandra Court. have been informed of the plan to close our street on July 4th from loam - 8pm and approve. We will be holding our 6th annual Independence Day party. The street wi]] be "closed" using our own red cones. We also hope to borrow from the city a "Street Closed" sign. Access will be made for emergency vehicles and residents coming or going in the Court. I WILLCOCK/M¢CORMACK 1420 Alexandra Ave. ., ~,,. -~% ~ JAMES Z3' 143/~lexandra~Ct. LIMA 14~5 Alexandra Ct. CROCKER 1395 Alexandra Ct. s-fliLLs 1375 Alexandra Ct. MUELLER [/ 1450 Alexandra Ave. ~ IGOR I EFF 1430 A1 exandra Ct. COLBY ' 14i0 Al exandra Ct. i LLER 1400 Alexandra Ct WEBB 1380 Alexand~a Ct t~ , FOURTH OF JULY PARTY Here we go again.., the planning for our neighborhood 4th of July Party has begun. 1OF This year we will have some special guests. The originator of the 4th of July block party in this neighborhood will be here to join us. Paul and Pam Harris who now live in California will be here with their family. Also we may have some vacationing Brazilians here. As we have in years past, the street will be "closed" around 10:00 a.m. If you have a portable barbecue we would appreciate it if you could bring it to the end of the Court around 10:00. We'll start the grills about 11:30 and cooking should begin around 12 noon. Bring what ever you would like to grill down to the end of the court and find an open spot. Please bring a side dish for all to share (i.e. salad, baked beans, etc.), your own plates and utensils and your choice of drinks. Coolers will be located near the end of the Court with the tables and chairs. Dessert will be provided. After lunch we can sit and talk (or take a nap) and then Gather again for dinner if you like (we always have plenty of food ]eft over). Later that evening, as dusk approaches, we will gather at the end of the Court to set off fireworks for the "kids'~ If you'ld llke to come, bring your sparklers/fireworks and 3oin in with the Afterwards, the city will be putting on their fireworks display, and if all is like last year, we can view this spectical from Bill & Maggie's lawn. So bring your chairs and blankets. If you have any suggestions or comments, please pass them on to either Anne Lima (981-4413) or Cheryl Mill (g81-62i2). HOPE TO SEE YOU THERE!!! lOG MEMO TO: FROM: SUBJ.: DATE: Mayor and City Council Chris Childs, City Administrator Award of Bid - Earthquake-related City Hall Repairs May 20, 1993 RECOMMENDATION: Award bid for certain structural repairs to SE exterior corner of City Hall building to Whitehead Construction in the amount of 94,875. BACKGROUND: This structural damage was discovered after, and resulted from, the March 25, 1993 earthquake. The damage was evaluated and a minumum of three (3) informal bids were solicited, with results as follows: Whitehead Construction Key Construction Oak Construction 94,875 97,310 (no bid submitted) Payment for this work will be made from the General Fund City Hall Maintenance budget. 75% (approx. 93,656) will come from a FEMA disaster recovery grant, and the remaining 25% (approx. 91,219) will come from funds previously budgeted for building maintenance and repair. This project does not include replacement of a broken window (also earthquake- related) in the Public Works office, estimated at 9100-$200, which will be handled separately. FORM 3850 REQUIRED ~ RIPLICATE_ PROPOSAL." - lOG - Sheet No Work To Be Performed At: /City _~J. ' _~_ dku~- . State We hereby propose to furnish the materials and perform .the labor .necessary for-the completion of .. ...... ~:.!: ........ All material is guaranteed to be as s'~cified, and the above work to be performed in accordance with the drawings and specifications submitted for' above ,. work and-completed In a substantial workmanhke manner for the sp.~ of Any alteration or deviation from above specifications irl~ing ~osts, will be executed only upon written orders, and wilL~[~com~"~n °-xtra charge over and above the estimate. All agrseme~, contir~ent ~¢x~ strikes, accidents or delays beyond our 'COntrol. Q~er to 'c~j'ry fire, tornado and other necessary insurance upon above ~e~'s Compensation and Public Liability Insurance on a, b~ve wor...~to be ;aken out by I Per Note--This proposal may be withdrawn by us if not accepted within-~,. ,~_ ..... days. ACCEPTANCE OF PROPOSAL Yhe above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. ~ayment will be made as outlined above. Signature Date ............................................................................................... Signature 1OH MEMO TO: FROM: SUBJ.: DATE: Mayor and City Council Chris Childs, City Administrator ~/~ Approval of Salary Step Increase (N. Gritta) May 19, 1993 RECOMMENDATION: That Council approve, pursuant to Sec. 3 of Resolution #1081 (dated 9/9/91 ), a salary step increase for Nancy Gritta, Finance Director, retroactive to Ms. Gritta's May 1, 1993 anniversary date. BACKGROUND: Resolution #1063 established the 1991-92 Non-Union Employee Compensation Plan, which included a range/step plan for Executive Management employees. Resolution #1081 (Sec. 3) directs that the City Council give final approval to such increases. A performance evaluations for Ms. Gritta has been recently completed, demonstrating that overall job performance meets or exceeds minimum standards. She is scheduled to advance from Grade M-26.5 Step D to M-26.5 Step E. MEMO 15A TO: FROM: SUBJECT: DATE: City Council through City Administrator for Information Public Works Program Manager /~ ~ Fire Protection Service to Agripac Inc. May 18, 1993 The City currently provides water service for fire protection to Agripac, Inc. This service covers all existing buildings that comprise the Agripac processing facility. The City has provided water for fire protection to Agripac since the facility was built. Agripac also has a metered connection to the City water system. Agripa¢ may continue to use some City water occasionally during their processing season. Agripac pays applicable outside city limits rates for both the fire protection and water usage. Agripac has requested that the City provide water for fire protection for their new repackaging facility that is located within the urban growth boundary outside the current city limits and is currently under construction to the south of their current facilities. Water for fire service will be the only water service provided this new building. The water for the fire protection would be provided from near Cannery Way at the north entrance to their existing processing plant. As a part of the connection for the new fire service, Agripac will be replacing old metering and backflow prevention devices on the existing fire service and water connections. These replacements will improve the quality of cross connection protection for the City water system. Discussions have also been conducted on the possibility of all or a portion of the Agripac facility being annexed to the City. Their facility is within the City's urban growth boundary. The Agripac representative indicated that he would present this subject to their executive management. The representative would keep the City informed on the results of discussions on this subject. 15B MEMO TO: FROM = DATE = SUBJECT= Mayor and Council Mary Tennant City Recorder May 19, 1993 Special Election Results The official results of the May 18th Special Election for a one- year operating levy are as follows: WARD YES NO Precinct 124 Precinct 125 Precinct 126 Precinct 127 Precinct 128 Precinct 129 Precinct 130 I 401 400 III 133 140 II 182 134 V 413 377 I 156 193 VI 107 75 IV 289 229 Total Votes 1,681 1,548 15C MEMO TO: FROM: SUBJ.: DATE: Mayor and City Council Chris Childs, City Administrator Update on FEMA Post-Earthquake Assistance May 20, 1993 ACTION REQUIRED: NONE - INFORMATION ONLY CURRENT UPDATE: Council was advised at the May 10, 1993 meeting that staff would be working with the Federal Emergency Management Agency (FEMA) regarding possible disaster recovery funds for earthquake damage to city facilities. As noted at that time, FEMA will fund up to 75% of a project's total cost, with the benefitting entity responsible for the remaining 25%. We are negotiating with FEMA on a number of projects (with FEMA's tentative project cost estimate shown in parentheses), as follows: "Category B Protective Measures" (Emergency Assessment & Recovery Activities) ($9,010): This represents reimbursement for materials, equipment and labor (both regular and overtime) and benefit costs incurred by the city resulting from the initial response to the earthquake. Definitive costs were incurred by various departments, including Police, Dispatch, Street, Water, Building Official, etc., during the period of several days immediately following the earthquake. Generally, time spent in management/administrative functions was not allowed. The total estimate includes $7,606 for labor costs, $1,012 for materials and $392 for equipment rental or value. Reimbursement received under this category will likely be distributed back to the respective funds/programs which incurred the expense. City Hall Parapet (SE Corner) Repair/Replace Window in Public Works* ($4,875/$200): This project will be accomplished through the informal bid process for projects of less than $5,000 value (see related General Business item in this Agenda). Demolition of existing Parks Dept. Shop Building* ($3,000): This project will be accomplished through the informal bid process upon completion of a replacement facility. The structure will be replaced, rather than repaired, because cost of repair 15C Page 2 - FEMA Assistance Update (5/20/93) is estimated to exceed 50% of replacement cost. Source of local matching funds (approx. $750) will be determined at time of project commencement. Repair of Community Center Chimney* (undetermined; <$16,620): Upon notification by FEMA as to acceptable type of repair, basic specifications will be developed and this project will be advertised for competitive bids. Council has previously authorized expenditure of contingency funds which should be adequate for local 25% matching share. Library; Repair of Chimney, Wall Cracks, Floor Cracks* ($26,293): This project includes replacement of a limited amount of carpet. Cost to the city may be increased if other existing carpet (in Children's Library area), scheduled to be put back down after examination/repair of the floor cracks, is found unsuitable due to normal wear. FEMA has ruled that this would not constitute "earthquake-related". This project will require development of basic specifications and competitive bidding. Local matching share (+/- $7,000) will likely have to come out of contingencies or Library Endowment Fund. * All projects marked with an asterisk constitute "Small Projects" in the FEMA process. If one project ultimately costs more than originally estimated, the added cost must first be made up by savings, if any, on the final cost of one of the other projects. Only if the agaregate total of all four of these projects exceeds the original estimate (+/- $50,988) can the city request additional funding from FEMA. Construction of Replacement Parks Dept. Shop Building Structure ($51,463): This is based on replacement of the existing structure rendered unuseable by the earthquake. Generally, the project anticipates construction of an 864 sq. ft. concrete block structure built to current codes (earthquake resistance, handicapped accessibility, etc.) with commonly accepted features and fixtures for a structure of this type. Appropriate detailed plans, specifications and blueprints for the project will have to be developed, and the project then advertised for competitive bidding. If the city considers increasing the size of the building, all additional costs beyond the basic 864 sq. ft. will have to be borne by the city. As presently visualized by FEMA, the local matching share of this project would be some $12,865. Prior to commencing with this project, decisions will have to be made regarding the source of these funds. Repair of Woodburn War Memorial Swimminq Pool (undetermined): Examination has revealed significant damage to the swimming pool as a result of the earthquake. FEMA representatives have agreed that repairs (to the extent that they can be shown as earthquake-related) will be reimburseable. A consultant who is familiar with this 15C Page 3 - FEMA Assistance Update (5/20/93) pool has spent this week evaluating the situation on behalf of the city and will present his findings to FEMA for development of final project cost estimates. The consultant will also coordinate his findings with the committee that is presently investigating swimming pool options. More information on this topic may be available at the time of the Council's May 24, 1993 meeting. A number of important questions and decisions will have to be addressed in regard to what is ultimately done with the swimming pool, including overall direction, timing, funding (local match) and other considerations. Both the Parks Dept. shop building and the War Memorial Pool projects constitute "Large Projects" under the FEMA criteria. As long as work done is consistent with the basic scope of work determined by FEMA in conjunction with their project cost estimate, the city can request additional funding from FEMA if either of these projects (individually) exceed FEMA's original cost estimate.