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Agenda - 06/28/1993o CALL TO ORDER AND FLAG SALUTE ROLL CALL MINUTES A. City Council minutes of June 7, 1993 special meeting, June 14, 1993 regular meeting. B. Library Board minutes of May 26, 1993. APPOINTMENTS AND ANNOUNCEMENTS APPOINTMENTS A. Formation of the Woodburn Waste Water Advisory Committee. ANNOUNCEMENTS PROCLAMATIONS COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn Comeback Campaign COMMUNICATIONS A. Written - Letter from Woodburn Downtown Association. BUSINESS FROM THE PUBLIC (This allows public to introduce items for Council consideration not already scheduled on the agenda.) PUBLIC HEARINGS (Continuation of Hearings on Certain Dangerous Buildings) A, 591 N. Front Street. B. 479 N. Front Street. Page 1 - Woodburn City Council Agenda of June 28, 1993. 3A 3B 4A 6A 8A 8B TABLED BUSINESS GENERAL BUSINESS A. B. C. Council Bill No. 1476 - Ordinance adopting a budget for FY 93-94. IOA Council Bill No. 1477 - Resolution authorizing transfer of appropriations, 10B Council Bill No. 1478 - Resolution certifying eligibility of City to receive state-shared revenue. 10C Council Bill No, 1479 - Resolution calling for a public hearing on annexation of certain property. Council Bill No. 1480 - Resolution entering into agreement with the State for traffic signal at the Bi-Mart/KMart shared access with Hwy 214. 10E Council Bill No. 1481 - Resolution authorizing agreement with Marion County for Hepatitis B immunization. 10F Council Bill No. 1482 - Resolution authorizing addendum of cable tv consultant I. J. 11. APPROVAL OF CLAIMS 12. PUBLIC COMMENT 13. NEW BUSINESS 14. SITE PLAN ACTIONS 15. STAFF REPORTS contract. Request for street closure for Drums of Fire on July 1, 1993. Request for no parking on West Hayes Street at Nellie Muir School. Request for relocation of utility easement by U.S. West. 16. 17. 18. Page 2 - Woodbum City Council Agenda of June 28, 1993. A. Water Contamination Update. B. Annexation status of Agripac property. C. Status of building at 573 N. Front Street (pool hall). EXECUTIVE SESSION PGE franchise renewal MAYOR AND COUNCIL REPORTS ADJOURNMENT 10H 101 10J 15A 15B 15C 3A SPECIAL COUNCIL MEETING MINUTES June 7, 1993 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 7, 1993. 0003 CONVENED. The Council met in a special meeting at 7:00 p.m. with Mayor Kelley presiding. 0008 ROLL CALL. Mayor Kelley Present Councilor Figley Absent Councilor Galvin Present Councilor Hagenauer Present Councilor Jennings Present Councilor Sifuentez Present 002O Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Public Works Manager Rohman, City Recorder Tennant PUBLIC HEARING - COMPREHENSIVE TRANSPORTATION PLAN AMENDMENTS #93-02. Mayor Kelley declared the public hearing open at 7:02 p.m.. Community Development Director Goeckritz read the required statement (see attachment) and outlined the process necessary for modification to the Woodburn Transportation Plan that involves the area in the vicinity of I- 5/Highway 214 interchange. Director Goeckritz entered the following exhibits into the record: Exhibit//1 - Staff Report; Exhibit//2 - Land Use Inventory; Exhibit//3 - Gravity Model Inventory; Exhibit #4 - Staff and Task Force Workbook; Exhibit//5 - Numerous Letters Council can review before making any decision; and Exhibit //6 - Transportation Plan currently in place. He stated that this portion of the Planning Commission and Task Force's work (Phase I) addresses transportation issues as it relates to the I-5 interchange area. Phase II will entail looking at the rest of the City and separate hearing(s) will be held on that particular portion of the Comprehensive Transportation Plan amendment. He also stated that a letter was received today from Oregon Dept. of Transportation (ODOT) which contains several issues the City must respond to, therefore, the staff is requesting that public hearing testimony be taken at this meeting and then the hearing be continued until August 16, 1993, 7:00 p.m.. Page I - Special Council Meeting Minutes, June 7, 1993 , 3A SPECIAL COUNCIL MEETING MINUTES June 7, 1993 TAPE READING 0313 Dick Jennings, Chairperson for the Transportation Task Force, stated that the Task Force had been working toward a June 1st timeline in completing Phase I of the Transportation Plan. Rather than drafting a new Transportation Plan which would meet the requirements of the Oregon Transportation Rule, ODOT agreed to allow the City to make amendments to our current Transportation Plan which was adopted in 1984. The letter from ODOT informed the staff that the City could only plan for expansion within the Urban Growth Boundary (UGB), otherwise, the County has the right to participate in the process. By continuing the public hearing until August 16th, the staff has time to work with the County, State, and Land Conservation & Development Commission (LCDC) to find solutions to ODOT's objections. He also informed the public that policy statements do include language pertaining to sidewalks/bikeways along new collector and arterial streets and that he opposes the placement of sidewalks/bikeways in established areas of the City. O448 Howard Stein, Consulting Engineering from Kittleson & Associates, stated that he was retained by the City to look at the City's future transportation needs. The Oregon Transportation Rule requires a plan which forecasts traffic patterns 20 years into the future. Before any rezoning is allowed, the traffic impact must be evaluated. He briefly reviewed the principles associated with the computer model which was based on ODOT's computer model. He also reviewed potential changes to the I-5 diamond (interchange area) and reviewed the advantages and disadvantages of the Planning Commission's recommendation to eventually upgrade to a split diamond (another interchange area located south of the existing interchange but near the UGB). The advantages to the split diamond include: 1) reduce traffic volume on Highway 214 by 25%; 2) provide a southern access route; and 3) provide direct access to prime undeveloped land. The disadvantages include: 1) cost of new bridge (approx. $3.5 million); 2) requires additional land and cooperation of adjacent homeowners; and 3) connecting roadway could go near the UGB which is a concern of LCDC and ODOT. He assured the Council that staff could work with ODOT to try and accomplish what is best for the City over the next two months. 1075 Public Works Director Tiwari discussed the Capital Improvement Program which has been incorporated into the Plan. He stated that long range planning needs to be addressed as part of the Comprehensive Transportation Plan and defining the funding source is new requirement under the Oregon Transportation Rule. He provided the Council with general background information regarding capital improvement programs. Page 2 - Special Council Meeting Minutes, June 7, 1993 3A TAPE READING 13O6 2413 SPECIAL COUNCIL MEETING MINUTES June 7, 1993 The list of CIP projects to be included in the Plan as recommended by the Task Force and Planning Commission are as follows: 1) Country Club Road realignment; 2) Evergreen Road extension to the north of Highway 214; 3) Connection of Arney Road from UGB to Woodland Avenue; 4) Signalization of east side of I-5 ramp; 5) Signalization at the intersection of Highway 214 and Woodland Ave.; 6) Highway 214 widening from I-,5 to Cascade Ave.; 7) Widen Evergreen Rd at the Hwy. 214 intersection to allow for 2 left-turn lanes onto Highway 214; 8) Prairie Blvd. to connect to Parr Road - the exact location as to where it will connect will not be known until the south by-pass concept is accepted; 9) Northbound traffic on Lawson Way would be restricted to a right-turn only onto Highway 214; 10) Split diamond configuration for an additional freeway access; 11) Woodland connection to southwest by-pass; 12) Parr Road improvement; 13) Southwest Road from Woodland to Parr Road; 14) Stacy Allison Way; and 15) Synchronization of traffic lights from Oregon Way to Woodland Ave.. Director Tiwari discussed the advantages of a split diamond interchange area and stressed the importance of reducing the traffic congestion on Highway 214. The realignment of Oregon Way/Country Club Road would also make a smoother traffic flow since one of the traffic signals would be eliminated and the remaining signals would be synchronized between Country Club Rd. and the I-5 interchange. He reviewed the south by-pass proposal which is a concerned addressed by ODOT in their most recent letter to the City. Public Works Manager Rohman reviewed the alternative funding sources recommended by the Task Force and Planning Commission. Those funding sources included: 1) Traffic impact fee (systems development charge) for new development - revenues received could only be used towards increasing the traffic capacity; 2) Increase the gas tax by $.029 per gallon - revenues generated would fund construction of new streets through revenue bonds; 3) Hotel/motel tax - increase rate from 6% to 7.5% with the General Fund to receive the current level of funds and any increase in funds received be transferred to the Street CIP fund. In addition, the $4,000 annual payment to the Chamber of Commerce would be eliminated; and Page 3 - Special Council Meeting Minutes, June 7, 1993 3A TAPE READING 4) SPECIAL COUNCIL MEETING MINUTES June 7, 1993 Modification of Business registration Ordinance: 1) dedicate receipts to Street ClP; 2) registration fee only applicable to Commercial, Industrial, and Multi-residential (3 or more units) and the fee be increased to $100; and 3) exclude single-family residential rental units from the ordinance. 2691 Tape 2 0077 0172 Community Development Director Goeckritz stated that most of the mail received related to the transportation policies and of a major concern was the new language regarding bikeways and sidewalks. He reviewed the goals as policies as recommended by the Planning Commission. In response to the concerns of citizens regarding bikeways/sidewalks, he stated that the proposed amendment adds a sentence which states that "...all new collector and arterial streets to be constructed with bikelanes and sidewalks..". He emphasized the word "new" to help eliminate some of the fears of residents on existing collector or arterial streets that sidewalks and/or bikelanes would be installed within their neighborhoods. The bikelane and sidewalk language is required to comply with the Oregon Transportation Rule. In regards to a letter from LCDC, the staff took argument with the bikelanes/sidewalks on existing streets since the installation of those bikelanes/sidewalks should be the prerogative of the local jurisdiction. Additionally, the exceptions process would address the by-pass interchange issue. Following the staff presentation, the meeting recessed at 8:35 p.m. and reconvened at 8:40 p.m.. Mayor Kelley advised the audience that a motion would be made at the end of this meeting to continue the public hearing until August 16, 1993, however, any testimony received at this meeting would become a part of the official record and the public is still encouraged to attend the August 16th meeting to present any adcl]t;onal testimony. 0200 Barbara Lucas, 214 E. Clackamas Circle, spoke in favor of the Southwest by- pass proposal since it would reduce traffic flow in their neighborhood (West Hayes street area). She expressed her overall support for the Plan, however, funding issues still need to be resolved and the cost for potential street improvements is very high. She also suggested that citizen pressure to the County, LCDC, and the State may be necessary to get the Southwest by-pass Page 4 - Special Council Meeting Minutes, June 7, 1993 3A SPECIAL COUNCIL MEETING MINUTES June 7, 1993 TAPE READING approved and funded. Another issue of concern was the sidewalk/bikepath policy which is being considered as part of the policy statements within the Plan. 0370 O464 0594 Jerry Simonsen, 690 Filbert Street, concurred with the need for a Transportation Plan but opposed the proposed increase in business registration fee from $25 to $100 annually. He urged the Council to be easy on the business community since they give back to the community in other ways and the costs for funding the CIP program should be spread more evenly throughout the community. Don Mixell, 799 Oregon Way, stated that, as President of the Board of Directors of the Senior Estates Golf and Country Club, he was concerned about the transportation problem with Senior Estates. Other concerns included the potential routing of traffic through Senior Estates, installation of bikepaths/sidewalks, elimination of some on-street parking, and funding of the CIP projects. He suggested that a building and annexation moratorium be put into place until such time as the current water, sewer, and transportation problems are solved. Wally Lien, Land Use Attorney representing a Senior Estates Neighborhood Association, stated that he needed to review some of the staff information presented at this hearing to clarify certain issues within the proposed Plan amendments. He also requested a copy of the recent letter from ODOT for the purpose of reviewing their concerns as it relates to the proposed Plan. He assured the Council that the Neighborhood Association wants to work with the City in developing a Transportation Plan and he stated that he would work with the staff to develop policy language that would hopefully satisfy the concerned residents. Mr. Lien brought the following issues to the Council's attention: a) Evergreen extension to the North of Highway 214 - would object to connection at Country Club Ct then to Country Club Road, however, if the road would only be a loop then they would not be as concerned; b) Project 6, 8, and 10 on the CIP list should be at the top of the list; c) Widening of Highway 214 stops at Cascade Avenue and residents are concerned. Staff advised Mr. Lien that the next Phase of the Transportation Plan would include the widening of Highway 214 from Cascade Avenue to Park Avenue where the highway is already 5 traffic lanes. d) Section 1.1-8, 1.4-2, and 1.5-1 of the policy relates to bikelanes and sidewalks - Mr. Lien suggested that stronger language in the policy would adequately address the concerns of residents in existing neighborhoods and create a "grandfather" clause or "safe zone" within Senior Estates. e) Make streets other than West Hayes Street as collectors since there is no room for the widening of West Hayes without taking away their front yards Page 5 - Special Council Meeting Minutes, June 7, 1993 3A TAPE READING 1089 1165 1262 1387 1502 SPECIAL COUNCIL MEETING MINUTES June 7, 1993 and on-street parking needs. Senior Estates was developed as a retirement community with smaller streets, smaller lots, and smaller homes in a quiet atmosphere. Country Club is a private roadway in front of the Clubhouse, therefore, it can never be made as an arterial to Boones Ferry Road. Additionally, some of the proposed improvements are too expensive for the community. f) The association understands the need for growth and the traffic problems associated with it, however, solutions need to be arrived at for the whole City. He offered his assistance to draft language that would draw safe zones with exemptions and, in consideration, the association would help the City to get the southwest by-pass option. Mr. Lien advised the Council that several members of the association would be reading a prepared statement for the record. Betty Pierce, 721 Oregon Way, spoke in opposition to the policy language relating to bikelanes and sidewalks. She stated that their neighbor owns a 33 foot motor home which is parked in front home when they are preparing for a trip, however, their driveway is only 32 feet and taking away 12 feet of the driveway for the bikelane and sidewalk would make it impossible for them to use their driveway for this purpose. The letter read by Ms. Pierce and a photograph displaying the motor home length as it compares to the driveway was submitted into the record. Elvira Newswanger, 1989 W. Hayes, read a statement into the record objecting to the increased traffic on West Hayes, the potential installation of bikelanes and sidewalks along with the removal of 12 feet of their front yard to accommodate the bikelane and sidewalks, and to the elimination of on-street parking. Dick Halter, 13720 Cedar Ct NE, Aurora, stated that he was part-owner in a gasoline business in town and voiced his objections to the proposed gasoline tax increase from $.01 per gallon to $.039 per gallon.. He stated that this increase would have a serious effect on all gas stations in Woodburn and business would be driven away. There is not an adequate margin for survival of a gasoline business if the owners had to pay the tax from their net proceeds. Gerald Rademaker, 1395 Thompson Rd, read a statement into the record which opposed bikelanes and sidewalks, reducing the frontage of homeowners yards by 12 feet, and the increased level of non-resident traffic within Senior Estates. Bill Costine, 1740 Rainier Rd., objected to the gas tax increase and stated that revenues received from the State gas tax should also be used for CIP projects. Page 6- Special Council Meeting Minutes, June 7, 1993 3A TAPE READING 1560 1620 1700 1740 1851 1950 2004 2071 2126 SPECIAL COUNCIL MEETING MINUTES June 7, 1993 Gilbert Flaugher, 1352 Astor Way, objected to the potential installation of bikeways and sidewalks and to the need of pursuing a south by-pass to reduce traffic flow on Highway 214. He submitted his written statement along with a drawing of his front yard to show how much frontage would remain if 12 feet is taken away to provide for a bikelane and sidewalk. Shirley Rademaker, 1395 Thompson Rd., read her statement into the record expressing concerns regarding the potential increase in traffic if the proposed designation of arterial and collector streets are approved. She also expressed concern regarding potential criminal activity in the neighborhoods if the streets in those areas are opened up for more widely used public travel. Everett Fredricks, 1303 Umpqua Rd., expressed his opinion that Crosby Road to the north of the I-5 interchange should be considered as a by-pass rather than Parr Road to the south. Steve Crosby, 2333 W. Hayes, questioned why the City is inviting more businesses into the City since there is already a problem with regards to water, wastewater, and transportation issues. He expressed concern as to how the improvements would be paid for in making those necessary upgrades. Dean O'Donnall, 2920 Newberg Hwy., objected to the proposed increase in the gas tax. Additionally, he stated that he would have to relocate his gas station if Highway 214 is widened since there is insufficient frontage to continue his present operation. He also felt that the citizens of Woodburn should pay more towards the funding of the CIP projects rather than imposing the high tax increase. Jerry Borschowa, 1505 Hardcastle, also objected to the proposed increase in the gas tax as a funding source for the improvements. Barbara Lucas read a letter into the record from John & Florence Taylor, 2202 Hayes Street, objecting to increased traffic on West Hayes Street, the potential loss of 12 feet from their front yard, the building of sidewalks and bikeways on West Hayes Street, and the loss of on-street parking. Preston Tack, 2197 Camilla Way, stated that he hoped the City would clearly identify what the City will look like in the year 2011 and plan accordingly as to how it will keep control of the growth. Ron Halter, 16700 Arney Rd., stated that as a local gas dealer, he objects to the increase in the gas tax. He stated that the profit margin is very slim and to remain competitive, the local dealers have had to pay the current tax out of their net profits rather than charging the customer. He stated that increasing the price at the stations will reduce the volume of gas sold in the community. There are six gas dealers in Woodburn, none of which are big company owners, and the additional tax will greatly impact their business. Page 7 - Special Council Meeting Minutes, June 7, 1993 3A TAPE READING 2300 2322 2410 246O 2499 2G22 SPECIAL COUNCIL MEETING MINUTES June 7, 1993 Susan King, 433 Olive Ave., stated that, as a member of the Chamber Board, she objected to the increase in the business registration from $25 to $100 per year. Jane Kanz, Executive Director of the Woodburn Chamber, stated that the Chamber takes credit for bringing new businesses into Woodburn, however, alternative funding methods need to be found in order to pay for the ClP projects. She suggested that a more equitable funding source be sought that would come from the entire City and not just the business community. She also stated that the Chamber had done a mini-survey on the business registration issue and the overwhelming response was not to increase the annual fee. Jim Audritsh, 16775 Butteville Rd., also objected to the proposed increase in the business registration fee. Bill Halter, 1771 E. Lincoln, stated that the gas tax proposal is an unfair tax since the local gasoline dealers are currently paying more than their fair share to fund road improvements. Wally Lien offered his assistance to the City to help work out some of the problems with the proposed plan and the concerns of ODOT. SIFUENTEZ/FIGLEY... continue the public hearing until August 16, 1993 at 7:00 p.m.. JENNINGS/FIGLEY... amend motion to add "so staff can develop necessary documentation for the split diamond interchange so they can formalize the CIP as presented, prepare alternate funding patterns that serve the CIP, and respond to the State in regards to policy amendments as presented. Councilor Jennings stated that the amendment would allow staff to respond to ODOT and LCDC and continue the dialogue with these agencies prior to the next hearing date. On roll call vote, the amendment passed unanimously. The motion as amended also passed unanimously. At 9:.65 p.m., Mayor Kelley declared the public hearing continued until August 16, 1993, 7:00 p.m., in the City Hall Council Chambers. APPROVED ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 8 - Special Council Meeting Minutes, June 7, 1993 LEN KELLEY, MAYOR STATEMENT AS REQUIRED BY ORS 197.763 3A Mayor, members of the Council, and members of the audience' This is the time set for a public hearing in Case No. 93-02. The nature of the application is to consider amendments to the City of Woodburn Comprehensive Plan and Map relating to transportation issues as they pertain to the I-5/214 Interchange area. Specific topics to be addressed include the following: (1) Capital Improvements in the interchange area. (2) Funding alternatives. (3) Comprehensive Plan Amendments as they relate to the Transportation Rule. (4) I-5 Interchange design. The Applicant is the City of Woodburn. The applicable substantive criteria are as follows: Oregon Transportation Rule OAR Chapter 660 Division 12 66O- 12-010 660-12-015 660-12-020 660-12-025 660-12-030 660-12-035 66O- 12-045 660-12-060 660-12-060 Transportation Planning Preparation and coordination Elements of Transportation Systems Plan Complying with Goals Transportation Needs Transportation System Alternatives Implementation of Transportation System Plan Plan & Land Use Amendments Exceptions Comprehensive Plan Chapter X - Goals and Policies, Section I Comprehensive Transportation Plan, Chapters 1-9 The full text of all listed criteria is printed in the staff report which as been distributed prior to this hearing and is also available now for inspection by any interested person. The testimony and evidence presented at this hearing must be directed toward the listed criteria or other criteria in the Comprehensive Plan or land use regulations which you believe to apply to the application. The failure to raise an issue with sufficient clarity to afford the decision maker and the parties an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based upon that issue. We shall now follow the hearing procedure listed on the board and begin hearing testimony. TAPE READING 0001 OOO3 0017 OO33 O045 0111 COUNCIL MEETING MINUTES June 14,1993 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 14, 1993. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kelley presiding. ROLL CALL. Mayor Kelley Present Councilor Figley Present Councilor Galvin Present Councilor Hagenauer Present Councilor Jennings Present Councilor Sifuentez Absent Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police Lt. Eubank, Park Director Holly, Library Director Sprauer, Public Works Manager Rohman, City Recorder Tennant MINUTES. JENNINGS/FIGLEY... approve the Council minutes of May 24, 1993 and accept the Planning Commission minutes of May 13, 1993. The motion passed unanimously. APPOINTMENT - COUNCIL WARD I. As provided for within the City Charter, Mayor Kelley appointed William W. Mitchell to fill the Ward I Councilor position which was recently vacated by the resignation of Allen Arntzen. JENNINGS/FIGLEY .... approve the appointment of William Mitchell with his term to expire in December 1996. The motion passed unanimously. The oath of office was taken by Mr. Mitchell and he immediately took his place at the Council bench. CHAMBER OF COMMERCE REPORT. Joanne Beck, representing the Chamber of Commerce, reviewed the Settlemier Days activities scheduled for June 18 - 20, 1993. Included in those activities are 1) Breakfast at the Fire Station, 2) Oregon Trail Wagon display, 3) Art display, 4) Parade on Saturday, 5) Volkswalk, 6) Strawberry shortcake, and 7) Barbeque chicken. The public is encouraged to attend and support this community program. 3A Page I - Council Meeting Minutes, June 14, 1993 TAPE READING 0161 0200 O390 0407 COUNCIL MEETING MINUTES June 14, 1993 WOODBURN COMEBACK CAMPAIGN REPORT. Councilor Figley stated that this Committee is working diligently on preparations for the 4th of July Celebration. Volunteers are still needed to help with the games and pre-show activities and citizens interested in helping out can contact Lt. Don EMbank. PUBLIC HEARING - CONTINUATION OF DANGEROUS BUILDING HEARING - 237 N. FRONT STREET (BAHAI BUILDING). The Mayor continued the public hearing at 7:08 p.m.. Administrator Childs stated that his last contact with the organization's representative, Eriech Reich, was on Friday at which time Mr. Reich stated that they were having difficulty securing the services of a brick mason. The structural engineer's report and plans for repairs have been approved by the City's Building Official. FIGLEY/JENNINGS .... continue the public hearing until July 12, 1993 at 7:00 p.m.. Councilor Jennings stated that he would be willing to supply the organization with the names of three brick masons who do have some time available. Councilor Figley stated that it is her intent to preserve the historic buildings if at all possible yet still make the property owners make the proper repairs within a timely manner. The motion to continue the public hearing passed unanimously. PUBLIC HEARING - CONTINUATION OF DANGEROUS BUILDING HEARING - 573 N. FRONT STREET (GARCIA'S POOL HALL). Mayor Kelley continued the public hearing at 7:16 p.m.. Administrator Childs reviewed the brief staff report which recommended continuation of the hearing until July 12, 1993 since the owners have received a loan from the Small Business Administration and they are currently waiting for the City's Building Official and Marion County to complete their review of the reconstruction plans. JENNINGS/FIGLEY .... continue the public hearing until July 12, 1993 at 7:00 p.m.. The motion passed unanimously. PUBLIC HEARING - CONTINUATION OF DANGEROUS BUILDING HEARING - 479 N. FRONT STREET (ALSO KNOWN AS SMART SHOP). Mayor Kelley continued the public hearing at 7:17 p.m.. Community Development Director Goeckritz stated that the Small Business Administration (SBA) has given preliminary approval to property owner Dave Lindenmuth's loan request, however, Mr. Lindenmuth has advised the staff that he would not be providing a structural plan to the City until such time as the loan committment has been finalized. Director Goeckritz also advised the 3A Page 2 - Council Meeting Minutes, June 14, 1993 TAPE READING 0602 0712 COUNCIL MEETING MINUTES June 14, 1993 Council that it may take up to 2 months to complete the reconstruction of the building. The staff recommended that this hearing be continued until July 12, 1993. Councilor Figley suggested that the hearing be continued to June 28, 1993 for the purpose of encouraging him to make the repairs to the building as soon as possible because of the safety issues involved. FIGLEY/JENNINGS .... continue the public hearing until June 28, 1993, 7:00 p.m., so that the Council can receive an update on this building. The motion passed unanimously. Mayor Kelley requested that the property owner be in attendance at the next meeting. PUBLIC HEARING - CONTINUATION OF DANGEROUS BUILDING HEARING - 591 N. FRONT ST. (I.O.O.F. LODGE). Mayor Kelley continued the public hearing at 7:23 p.m.. The staff report recommended that the public hearing be continued to June 28, 1993 since the structural plans have been approved and the property owners have been obtaining bids to complete the repairs. Betty Donnelly, representing the Trustees, stated that Aljets Construction will be repairing the parapet and bids are being solicited for the additional interior repair work. Councilors Figley and Jennings expressed their appreciation to the Lodge for proceeding with the necessary repairs. FIGLEY/JENNINGS ..... continue the public hearing to June 28, 1993, 7:00 p.m.. The motion passed unanimously. PUBLIC HEARING - CONTINUATION OF DANGEROUS BUILDING HEARING - 199 N. FRONT STREET (OLD BANK BUILDING). The Mayor continued the public hearing at 7:28 p.m.. The staff report submitted by Director Goeckritz advised the Council that no engineering report or structural plan has been submitted as of this date and the property has been listed with Landmark Realty. Nora Fives, owner of the property, stated that she has retained an attorney to represent on this issue and he has requested a two-week extension of the public hearing. She stated that her attorney is Ed Abel of Schwabe, Williamson, & Wyatt. She also requested some additional time to try and sell the building. Councilor Figley expressed her desire to see the building sold and repairs made, however, she did state that the City could not wait for an extended period of time to make the needed repairs. FIGLEY/JENNINGS...continue the public hearing until July 12, 1993 at 7:00 p.m.. The motion passed unanimously. 3A Page 3 - Council Meeting Minutes, June 14, 1993 TAPE READING 0850 O896 1266 COUNCIL MEETING MINUTES June 14, 1993 Councilor Jennings stated that in regards to this particular building, there is only a danger of the building topoling if there is another major quake. Eric Bahtni, 237 N. Front Street, advised the Council that Clem Fleck has given his organization a bid for masonary work and they hope to have the work done within the next two weeks. RECONSIDERATION OF VETOED COUNCIL BILL 1471 - RESOLUTION ESTABLISHING A LIEN SEARCH POLICY AND IMPLEMENTING ADMINISTRATIVE FEES. City Attorney Shields reviewed the Charter requirements regarding reconsideration of a Council Bill and the necessity of the Council taking another vote on the bill. Council discussion was held on the issue and Councilor Figley stated that this type of service is extraordinary and costs should be recovered by the City. Other jurisdictions charge similar fees for the same type of service, therefore, the City should consider the proposed fee. She also stated that, if in the future, another method of providing the outstanding lien information is available which would not entail employee staff time then the fee should be reduced or eliminated. Councilor Mitchell stated that it is not uncommon to have lien search fees as part of real estate transaction fees. Recorder Tennant stated that not all of the City records are on the computer and staff needs to manually check each lien search request. Mayor Kelley objected to charging an administrative fee and then not - guaranteeing the right information. Councilor Figley also stated that the purpose of the disclaimer is to keep the liability down to minimal level. Councilor Mitchell added that a disclaimer is a standard practice in the industry and it provides some protection in not having the reporting agency absorbing large bills for incorrect information. On roll call vote, the bill passed unanimously. RECONSIDERATION OF VETOED COUNCIL BILL 1473 - RESOLUTION AUTHORIZING REPLACEMENT OF ICMA TRUST AGREEMENT Following a brief discussion on the bill, roll call vote was taken and the bill passed 4-0-1 with Councilor Mitchell abstaining. 3A Page 4 - Council Meeting Minutes, June 14, 1993 3A COUNCIL MEETING MINUTES June 14, 1993 TAPE READING 1326 COUNCIL BILL 1475 - RESOLUTION AUTHORIZING CONTRACTUAL SERVICES AGREEMENT WITH N. ROBERT SHIELDS AS CITY Al 10RNEY. Council Bill 1475 was introduced by Hagenauer. Attorney Shields declared a conflict of interest on this bill since it would continue his contract during fiscal year 1993-94. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1475 passed unanimously. Mayor Kelley declared the bill duly passed. 1403 BID AWARD - SALE OF SURPLUS CITY PROPERTY. Only one bid was received for the purchase of 2.03 acres of land located off National Way in the Industrial Park which was declared as surplus property in Resolution No. 1179. Public Works Director Tiwari stated that originally two companies were interested in the property, however, only one company decided to submit a bid. The minimum bid price for the property was $65,000. JENNINGS/FIGLEY .... bid from School Bus Services, Inc. in the amount of $68,225.00 be accepted. On roll call vote, the motion passed unanimously. 1455 ENGINEERING REPORT --- SPECIAL ASSESSMENT PROJECT - INSTALLATION OF SIDEWALKS ALONG HIGHWAY 99E. Public Works Program Manager Rohman provided the Council with the engineering report on the proposed assessment of properties along Highway 99E from Lincoln Street to the north city limits. The total estimated cost of the project is $69,323.18 which includes legal and administrative fees. Properties which had newly installed sidewalks would share in the project cost whereas those properties that had existing sidewalks will not incurr an assessment since the cost for replacing the sidewalk will be paid for by the State. The list of benefitted property owners includes property located outside of the city limits and an agreement by Marion County may be necessary for the city tO assess those properties for their fair share of the improvement costs. In regards to the scheduled completion date of the widening project, Manager Rohman stated that construction activity will start in late June or early July with the estimated completion date of ~eptember. However, if the contractor requests an extension, the State Highway Department has indicated that they will grant an extension. Public Works Director Tiwari also stated that the State is still negotiating with the contractor on the costs for the street overlay on Hardcastle. The City is currently replacing the lead-jointed waterlines between Gatch Street and Corby. Negotiations will take place between the City and contractor after a price has been agreed to by the State for the proposed overlay between Gatch and Front Streets. Costs for replacement of sidewalks and curbs will be borne by the Page 5 - Council Meeting Minutes, June 14, 1993 COUNCIL MEETING MINUTES June 14, 1993 3A TAPE READING City if our work caused the damage otherwise the State will be responsible for the replacement costs. JENNINGS/FIGLEY... engineering report as submitted be approved. The motion passed unanimously. 1932 REQUEST FOR SOUND AMPLIFICATION - WOODBURN FOURSQUARE CHURCH. Pastor Keith Anderson of the Woodburn Foursquare Church, 1175 E. Lincoln St., has requested permission to use sound amplification equipment July 2 - 4, 1993 between 9:00 a.m. and 9:00 p.m. in conjunction with their church tent meeting. JENNINGS/FIGLEY... permission be granted to Woodburn Foursquare Church to use sound amplification equipment July 2 - 4, 1993. The motion passed unanimously. 1946 FOURTH OF JULY CELEBRATION REQUESTS. Lt. Eubank, General Chairman of the Fourth of July Celebration, requested City liability insurance coverage for the 4 mile Run and "Fun" Walk and the third annual "Old Fashioned 4th of July Picnic which includes a fireworks show in the evening. Activities will be held at the Woodburn High School field beginning at 7:30 a.m. and concluding at 11:00 p.m.. He also requested permission to use sound amplification equipment during the day for the scheduled activities. Councilor Mitchell questioned if flyers had been placed in the West Woodbum area since he had not personally seen any information on the upcoming event. Lt. Eubank stated that flyers had been distributed to numerous locations in town and other sources of publicity included the local radio station, Woodburn Independent, Cable TV (Let's Communicate Program), Reader Boards, and local stores. He also stated that the Fun Run had not been held for a couple of years and the committee decided to try and get this activity back as part of the overall program. JENNINGS/FIGLEY .... approve the request for the various insurance coverages and permission to use sound amplification equipment. The motion passed unanimously. 2109 CLAIMS FOR THE MONTH OF MAY 1993. GALVIN/JENNINGS .... approve voucher checks #18792 - 19089 for the month of May 1993. The motion passed unanimously. 2160 Councilor Figley expressed her appreciation to Mr. Mitchell for his willingness to serve on the City Council. However, she also expressed her concern regarding current City Charter language that would allow the appointment to Page 6 - Council Meeting Minutes, June 14, 1993 COUNCIL MEETING MINUTES June 14, 1993 3A TAPE READING continue through the duration of the unexpired term, which in this case, is 3.5 years without giving the voters in that Ward the opportunity to elect a replacement. She suggested that the Council consider the referral of a charter amendment to the voter which would provide that vacant Council seats would be voted on at the next regularly scheduled election of within two years. Councilor Jennings also felt positive about the appointment of Mr. Mitchell but he expressed similar concerns as Councilor Figley regarding the Charter provision. Mayor Kelley stated that he agreed with the Councilors on the issue of filling Council vacancies and he requested that, included with the suggested amendment, another amendment be proposed to the voters which would require Councilors running for office to vacate their seats at the time of announcing their candidacy so other interested citizens can run for office in the position that will have an unexpired term. Attorney Shields briefly reviewed his memo which was submitted to the Mayor regarding this issue, however, he stated that the memo addressed the procedural issues and no specifics were involved. FIGLEY/JENNINGS .... City Attorney, Administrator, and other staff members draft an ordinance which would call for an election to amend the charter and require Council vacancies to be filled by an election. Mayor Kelley requested that his proposed amendment to the charter regarding vacating seats be included in the motion. This would eliminate the need for concerned citizens to follow an Initiative Process and obtain signatures on an approved petition. Councilor Figley stated that she would not include the Mayor's request on her motion and Councilor Jennings agreed to leave the motion as stated. On roll call vote, the motion passed unanimously. 2620 Councilor Jennings stated that backyard burning is creating a problem within the City. Councilor Figley agreed with his statement and cited a recent situation within her neighborhood which caused those individuals to stay indoors on a warm, sunny day because of the smoke from a backyard fire. Councilor Hagenauer suggested that the staff research city ordinances on this issue since he thought there was one in place which placed time limits on backyard burning within the city limits. FIGLEY/JENNINGS .... staff prepare a report on a possible ban or on further restrictions to backyard burning based on ordinances enacted by other surrounding communities. The motion passed 3-2 with Councilors Hagenauer and Galvin voting nay. Page 7 - Council Meeting Minutes, June 14, 1993 3A COUNCIL MEETING MINUTES June 14, 1993 TAPE READING 2847 STAFF REPORTS. A) June 7, 1993 Earthquake (aftershock) - Building Official Arzonian reported that there was no apparent damage caused by the 3.7 quake. Some additional mortar had fallen on the sidewalks but there was no additional damage to existing structures. B) Letter from Southern Pacific Railroad - The company will resume the 45 MPH train speed through town as of June 14, 1993. Councilor Jennings suggested that the City write a letter of thanks to Southern Pacific for their cooperation following the March 25, 1993 earthquake. C) Agripac Annexation Issue - Staff recommended a special meeting for Monday, June 21st, to discuss the proposed annexation of Agripac. No action was taken by the Council to set a special meeting date. D) Disposition of Stonehedge litigation - Attorney Shields stated that his motions to dismiss the lawsuit were granted by Marion County Circuit Court Judge Erstgaard, however, Stonehedge still has the opportunity to file a notice of appeal within 30 days after entry of the judgment. E) Swimming Pool Renovation Project - Park Director Holly stated that the swimming pool will open at 1:00 p.m. on June 15th. In addition, he has received a proposed scope of work from consultant Don Carey & Associates which will be reviewed by staff and brought back to the Council at the next regular meeting for Council consideration. F) Chappell Development Proposal for Factory Outlet Development - Community Development Director Goeckritz stated that the developers have notified the City that they will not be pursuing their proposed factory outlet project due to a downturn in the economy in southern California where Chappell Development has its headquarters. G) Building Activity Report - Director Goeckritz stated that the activity level is similar to last year's, however, the City will probably be seeing an increase in building over the next few months. H) Code Enforcement Monthly Report - Director Goeckritz briefly reviewed the data provided in the staff report. Councilor Hagenauer questioned the length of time a vehicle can be parked in the same spot before it is tagged. Director Goeckritz stated that a vehicle can be parked for 72 hours before it violates the city ordinance. Page 8 - Council Meeting Minutes, June 14, 1993 3A COUNCIL MEETING MINUTES June 14, 1993 TAPE READING 3300 Councilor Galvin stated that the trees that were of a concern last year by the property owner of Barclay Square are doing just fine, however, he questioned the owners placement of vegetation along the fence line as it relates to future maintenance and upkeep since it is within the public right-of-way. Tape 2 Public Works Director Tiwari stated that it is unknown as to what problems might be experienced as the arbovitae grows. He suggested that staff be allowed to pursue a maintenance agreement with the property owner to insure proper upkeep of the shrubbery. In regards to the sidewalk along the property, repairs are the responsibility of the adjoining property owners per the City's sidewalk ordinance. Councilor Figley expressed her enthusiasm regarding the swimming pool project and the need to look at all options before any final decisions are made. OO4O Councilor Mitchell stated that it was an honor to be appointed to represent the citizens in Ward I which is a large voting district within the City. He also understood why the Councilors were interested in a charter amendment since a Council position carries a tremendous amount of responsibility. 0042 Mayor Kelley advised the Council that he will be meeting with the Executive Management staff on Wednesday, 9:00 a.m., to discuss employee morale. He invited the Councilors to attend the meeting. Additionally, he requested that a workshop be held on Monday, June 21, 1993, 7:00 p.m., to report on the staff discussion. It was the consensus of the Council to hold a workshop on June 21st as requested. 0173 ADJOURNMENT. The meeting adjourned at 8:48 p.m.. APPROVED LEN KELLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, June 14, 1993 38 MINUTES MONTHLY MEETING OF WOODBURN 'PUBLIC LIBRARY BOARD DATE: May 26, 1993 ROLL CALL: Phyllis Bauer - Excused Gloria Predeek - Present Nancy Bowman - Present Jean Weatherill- Present Dorothy Jaeger - Excused STAFF PRESENT: Linda Sprauer, Director Judy Coreson, Recording Secretary GUESTS: None CALL TO ORDER: Vice President Gloria Predeek called the meeting to order at 12:15. SECRETARY'S REPORT: The monthly Board minutes of April 28, 1993 were approved as submitted. DIRECTOR'S REPORT: Monthly Statistics: The monthly statistics were self-explanatory. Copies of appropriate pages from the "Directory and Statistics of Oregon Libraries, 1992" were given to the Board. Activities: A list of activities was distributed to the Board. On June 29 the library will be receiving a covered wagon display for two weeks commemorating the Oregon Trail. The Library will be closed Saturday, July 3 for the Fourth of July Holiday. New Library Cards: The library has received the new library cards which come with the barcode imprinted on them from CCRLS. Also library cards are now available on key chains at $1.00 each. Summer Reading Program: Maureen Smith, Children's Librarian, attended the meeting to report on the Children's Summmer Reading Program. Maureen is making school visitations concerning the Children's Summer Reading Program, "Wild About Books". The program will begin June 15 and end July 31 with pizza party for those who completed the program. The "Self Reading Program" is for children grades 1 through 6. The "Read-to-Me" Program is for preschoolers and non-readers whose parents, brothers, sisters or others read to them. The Woodburn area businesses have donated prizes. Activities include: June 15, 1 PM, a "Wild Marionette Show" by Celeste Rose's Oregon Fantasy Theatre; June 23, 3 PM, "Wild Clowning" by Angel Ocasio, who will present "A Day in the Life of a Clown", a bi-lingual program for all ages. June 30, 2 PM, "Wild Animal Mask Making": July 7, 6 PM, "Wild Folksinging"] Multi-cultural folksinger, Nancy Raven, will be entertaining with songs and instruments from around the world: July 21, 3:30 PM, "Wild Birds of Prey", a live birds of prey demonstration by the Environmental Learning Center; July 31, 1 PM, "Wild Pizza Party", a celebration at Pizza Hut for all those who completed the program. All shows are free and will be held in the library park. All children under 10 must be accompanied by an adult. Clackamas Network Conference: Nicolette Landeen reported on the Conference that she, Gerry, and Jeannie attended May 14 OLD BUSINESS: Interior Repair & Repainting Update: These repairs have been put on hold because of the earthquake damage repairs. Several cracks have been found on the floor of the library resulting from the earthquake. An estimate of $26,000 has been received for these repairs. A percentage of this cost will be paid from the Federal Government. Spanish Language Grant Update: Almost all of the $7,000 from the LSCA Foreign Language Grant has been spent on Spanish language materials. "Cinco de Mayo" was well attended where the new materials were displayed. NEW BUSINESS: Jean Weatherill suggested another row of non- fiction shelving is needed. Linda agreed and is planning to add additional shelving when/if the earthquake damage to the floors are made. BUSINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: None ADJOURNMENT: The meeting was adjourned at 1:30 PM. Library Board Minutes - 5/26/93 Respectfully Submitted, ~udy~~o r~-~ e~on Recording Secretar7 Library Board Minutes - 5/26/93 3 4A TO: FROM: DATE: SUBJECT: MEMO WOODBURN CITY COUNCIL JUNE 25, 1993 WOODBURN WASTE WATER ADVISORY COMMITTEE There has been discussion by the Council concerning appointment of a committee that can advise the City Council on waste water issues. The Committee will be in existence for a period of 18 months, unless it's term is extended by the Council. Subject to the usual Council approval, the above-named individuals are hereby appointed to Waste Water Advisory Committee of Woodburn. 2. 3. 4. 5. 6. 7. 8. 9. 10. Mr. Bill Mitchell, Chairperson Mr. Wesley Bauer Mrs. Joann Bjelland Mr. Preston Tack Mr. Marvin Shelby Mr. Scott Burlingham Mr. Gill Flowers Mr. Forrest Mills (Aurora) Mr. Richard Barstead (Silverton) Mr. Frank Tiwari (Mr. Frank Sinclair, Alternate) WOsO sSUoa o N ~ B-~-~; WOODBURN, OREGON 07071 6A June 23, 1993 City Council City of Woodburn 270 Montgomery St Woodburn, OR 97071 Councilors: The downtown area of Woodburn, already reeling from the effects of vacant store fronts, was been hard hit by the March 25th earthquake. The severe damage to buildings on Front Street is still evident by lack of repairs and barricades to streets and sidewalks. Unfortunately, this projects an image of "out of business" and "hazard area" to townspeople, shoppers, visitors, etc. The Woodburn Downtown Association and the Woodburn World Berry Center Museum Boards of Directors, and on behalf of the remaining and prospective businesses, strongly urge the City Council to necessary action to resolve the "hazard areas" so that the Downtown Area can be perceived as alive and open for business. It should be noted that sufficient time has passed for one building (Stoller) to be repaired and the debris cleaned up. ~.~ Sincerely,~/ ........... ~ Cast~o~, Presi~lent ~.rn Downtown~sso~ciation Vance Yode~ Director Woodburn World Berry Center Museum 8A MEMO TO: MAYOR AND CITY COUNCIL THROUGH CITY ADMINISTRATOR FROM: STEVE GOECKRITZ, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: CONTINUATION OF THE PUBLIC HEARING OF MAY 10, 1993 CONCERNING DISPOSITION THE DANGEROUS BUILDING LOCATED AT 591 N. FRONT STREET (IOOF LODGE) DATE: JUNE 24, 1993 In a telephone conversation with Betty Donnelly, building manager, it was conveyed to staff that Aljets Construction would be removing that portion of the parapet on the northwest corner of the IOOF building that poses a danger to pedestrian traffic. The time line for removal of that portion of the parapet that could endanger pedestrian traffic is planned for the first part of the week of June 28, 1993. RECOMMENDATION: Continue public hearing until 7:00 p.m., Monday, July 12, 1993. SG/kv 8B MEMO TO: FROM: SUBJECT: DATE: MAYOR AND CITY COUNCIL THROUGH CITY ADMINISTRATOR STEVE GOECKRITZ, COMMUNITY DEVELOPMENT DIRECTOR ~.L~. CONTINUATION OF THE PUBLIC HEARING OF MAY 10, 1993 CONCERNING DISPOSITION THE DANGEROUS BUILDING LOCATED AT 479 N. FRONT STREET (SMART SHOP) JUNE 24, 1993 To date, the city has received an engineering report describing the extent of damage to the Smart Shop structure. In addition, Mr. Dave Lindenmuth, owner of the structure, has conveyed to city staff that he is in the process of securing a Small Business Administration (SBA) loan in the amount of approximately $110,000 to cover the costs of rehabilitating his structure. The city, however, has yet to secure an engineering report that describes in detail those improvements that will have to be made to make the structure safe for occupancy. In an effort to determine the progress being made, city staff contacted Mr. Lindenmuth by phone and requested his presence at the June 28, 1993 Council meeting. He has agreed to meet with the City Council to inform them of any progress being made to repair the earthquake damage to his building. RECOMMENDATION: The presence of Mr. Lindenmuth at this hearing and his testimony will be essential in the City Council's determination as to the course of action that should be taken in the near future. 10A MEMO TO: Mayor and City Council THROUGH' City Administrator Childs FROM : City Recorder Tennant DATE · June 24, 1993 SUBJECT: Adoption of City Budget for Fiscal Year 1993-94 RECOMMENDATION: Approve the accompanying Ordinance which adopts the City Budget for fiscal year 1993-94 in the amount of $13,917,187 and levies property taxes in the aggregate amount of $2,723,520. BACKGROUND: On February 25, 1993, the Budget Committee approved a proposed city budget in the amount of $13,719,387 and the levying of property taxes in the amount of $2,723,520. A financial summary was subsequently published in the Woodburn Independent outlining the proposed budget appropriations and identifying the total amount of property taxes required to be levied within specific Funds. The City Council held a public hearing on April 12, 1993 to receive additional public comment on the proposed city budget and a special election was held on May 18, 1993 in which the voters approved a one-year operating levy in the amount of $1,484,749. Oregon Budget Law allows for the increasing of appropriations prior to the adoption of the budget provided that the increase does not exceed 10% of published total in each or any fund. Revenue sources to meet the increased appropriations are non-tax sources such as additional working capital carryover, grants, donations, etc., which were not known at the time of the budget hearings process. A brief summary of the appropriation increases incorporated into the budget ordinance are outlined below. TRANSIT FUND - Revenue: Working Capital Carryover-Transit Working Capital Carryover-Dial-a-Ride Total Appropriations: Operating Contingency- Transit Operating Contingency- Dial-a-Ride Total $2,000 2,000 $4,000 2,000 2,000 4,000 LIBRARY FUND- Revenue: FEMA Grant Working Capital Carryover Total Appropriations: Capital Outlay - Facility Imprv $19,725 $14,575 $34,3OO $34,3OO Page I PARK & RECREATION FUND - Revenue: Working Capital Carryover FEMA Grant Total Appropriations: Park & Facility Maint: Capital Outlay - Building Betterments Non-Departmental Accounts: Capital Outlay - Museum land sale contract Total STREET FUND- Revenue: Working Capital Carryover Appropriations: Street Repair/Maintenance: Capital Outlay - New Equip/Facility Imprv. Non-Departmental- Operating Contingency Total WATER WELL CONSTRUCTION FUND - Revenue: Working Capital Carryover Appropriations: Materials & Services - Engr. Services Capital Outlay - Well Storage Site Total WATER FUND - Revenue: Working Capital Carryover Appropriations: Water Administration: Capital Outlay - Well Abandon off-system Non-Departmental - Operating Contingency Total WASTEWATER FUND - Revenue: Working Capital Carryover Appropriations: Treatment Plant Operations: Capital Outlay - New Equip/Facility Imprv. Non-Departmental- Operating Contingency Total Page 2 $18,625 40,875 $59,500 $20,000 $20,000 $20,000 $20,000 $54,500 $ 5,000 $59,500 $10,000 10,000 $20,000 $10,000 10,000 $20,000 $10,000 10,000 $20,000 $10,000 10,000 $20,000 10A 10A TECHNICAL & ENVIRONMENTAL SERVICES FUND - Revenue: Working Capital Carryover Appropriations: Operating Contingency $20,000 $20,000 Adjustments have also been incorporated into the budget ordinance which would allow for additional funds to be transferred from the General Fund to the 9-1-1 Fund as part of the tentatively agreed plan with the User Board to not subsidize one of the dispatcher positions. Providing for the additional cost at this time will allow us to make the transfer only if costs are assessed at the higher level. The following adjustments will be made to balance each fund without increasing the appropriation level approved by the Budget Committee: GENERAL FUND: Appropriations - Non-Departmental - Legal Expense- Emanuel Hospital Increase (Decrease) ($37,00O) Operating Contingency Interfund Transfer - 9-1-1 Fund $18,018 $18,982 9-1-1 COMMUNICATIONS FUND: Revenues - Working Capital Carryover State 9-1-1 Emergency telephone tax ($17,654) ($14,295) Woodburn Fire District Monitor Fire Dispatch Hubbard Fire District Aurora Fire Dispatch St. Paul Fire Dispatch Hubbard Police Dispatch Woodburn Ambulance Dispatch Gervais Police Dispatch Interfund Transfer - General Fund $ 4,275 310 435 850 2O8 1,598 4,358 933 18,982 Appropriations - 9-1-1 Development Fund: Operating Contingency Capital Outlay - Communications System $2O,OOO ($20,000) Page 3 10A COUNCIL BILL NO. /"-/-7~ ORDINANCE NO. AN ORDINANCE ADOPTING A BUDGET FOR FISCAL YEAR 1993-94, MAKING APPROPRIATIONS, LEVYING TAXES, AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That the budget for fiscal year 1993-94 is hereby adopted as set forth below. Section 2. That the taxes levied for fiscal year 1993-94, beginning July 1, 1993, as provided for in the budget adopted in Section 1 of this ordinance in the aggregate amount of $2,723,520 are hereby levied and assessed pro rate upon all taxable property within the City of Woodburn for tax year 1993-94. Section 3. That the amounts for fiscal year 1993-94, and for the purposes shown below, are hereby appropriated as follows: GENERAL FUND -- City Council and Mayor City Administrator's Office Municipal Court City Attorney's Office Finance/City Recorder's Office Police Department City Hall Maintenance Non-Departmental - Materials & Services Interfund Transfer -Tech. & Envir. Services Fund Interfund Transfer - R.S.V.P. Federal Prgms Fund Interfund Transfer - Invest. & Seizure Fund Interfund Transfer - 9-1-1 Fund Interfund Transfer - Capital Project Mgmt Fund Operating Contingency 5,100 70,636 55,325 46,270 101,029 ,468,622 76,896 83,675 67,006 22,438 10,000 202,726 52,000 88,018 TOTAL GENERAL FUND APPROPRIATIONS $2,349,741 Page 1 - COUNCIL BILL NO. ORDINANCE NO. IOA TRANSIT SYSTEM FUND -- City Transit System Operating Contingency Dial-a-Ride Program Operating Contingency 77,193 4,950 44,432 3,950 TOTAL TRANSIT SYSTEM FUND APPROPRIATIONS LIBRARY FUND -- Personal Services Materials & Services Capital Outlay Operating Contingency 295,356 126,377 50,7OO 12,340 TOTAL LIBRARY FUND APPROPRIATIONS PARK AND RECREATION FUND -- Administrative Services Parks & Facility Maintenance Leisure Services Swimming Pool Non-Departmental - Materials & Services Non-Departmental- Capital Outlay Operating Contingency $ 137,687 3O9,385 132,324 39,975 19,592 5,000 14,950 TOTAL PARK & RECREATION FUND APPROPRIATIONS g-1-1 COMMUNICATIONS FUND-- 9-1-1 Communications 9-1-1 Development Operating Contingency 441,129 20,000 247,307 TOTAL 9-1-1 COMMUNICATIONS FUND APPROPRIATIONS INVESTIGATION AND SEIZURE FUND -- Material & Services $ 31,850 TOTAL INVESTIGATION & SEIZURE FUND APPROPRIATIONS $ 130,525 $ 484,773 658,913 $ 7O8,436 $ 31,850 Page 2 - COUNCIL BILL NO. ORDINANCE NO. 10A W.E.L.L. HEALTH PROGRAM FUND-- Materials & Services $ 2,025 Capital Outlay 275 TOTAL W.E.L.L. HEALTH PROGRAM FUND APPROPRIATIONS STATE REVENUE SHARING FUND -- Materials & Services Capital Outlay $ 52,284 34,716 TOTAL STATE REVENUE SHARING FUND APPROPRIATIONS HOUSING REHABILITATION FUND-- Materials & Services $ 1,710 Interfund Transfer - Tech. & Envir. Services Fund 5,000 Operating Contingency 32,050 TOTAL HOUSING REHABILITATION FUND APPROPRIATIONS FEDERAL PROGRAMS FUND (Retired Senior Volunteer Program) -- Personnel Services $ 55,045 Materials & Services 16,741 Capital Outlay 350 TOTAL FEDERAL PROGRAMS FUND APPROPRIATIONS CABLE FRANCHISE MANAGEMENT FUND -- CATV Access Program $ 63,400 CATV Franchise Management 3,650 TOTAL CABLE FRANCHISE MANAGEMENT FUND APPROPRIATIONS 2,300 87,000 38,760 72,136 67,050 STREET FUND -- Street Repair/Maintenance Street Cleaning Misc. Street Accounts - Mtls. & Services Interfund Transfer - Tech. & Envir. Services Fund Interfund Transfer - Street Equip. Repl/Res. Fund Operating Contingency TOTAL STREET FUND APPROPRIATIONS Page 3 - COUNCIL BILL NO. ORDINANCE NO. $ 410,379 51,764 34,400 143,000 30,000 43,957 713,500 ~ OA BONDED DEBT FUND -- Debt Service - Principal Ensuing Year Debt Service - Interest Ensuing Year Debt Service - Principal 2nd Ensuing Year Debt Service - Interest 2nd Ensuing Year TOTAL BONDED DEBT FUND APPROPRIATIONS BANCROFT BOND REDEMPTION FUND -- Debt Service - Principal Debt Service - Interest TOTAL BANCROFT BOND REDEMPTION FUND APPROP. SPECIAL ASSESSMENT FUND -- Personnel Services $ Materials & Services Capital Outlay Debt Service - Bond/Assessment Expense $ 234,717 50,100 160,000 35.368 $ 297,316 30,724 9,000 44,000 680,629 15,100 TOTAL SPECIAL ASSESSMENT FUND APPROPRIATIONS SEWER CAPITAL IMPROVEMENT FUND -- Materials & Services Capital Outlay Interfund Transfer - Bonded Debt Fund Interfund Transfer - Wastewater Construction Fund 68,75O 286,773 34,727 43,750 TOTAL SEWER CAPITAL IMPRV. FUND APPROPRIATIONS WATER CAPITAL IMPROVEMENT FUND -- $ 20,000 326,926 9,074 20,000 Materials & Services Capital Outlay Interfund Transfer - Bonded Debt Fund Interfund Transfer - Water Well Const, Fund TOTAL WATER CAPITAL IMPRV. FUND APPROPRIATIONS $ 480,185 $ 328,040 $ 748,729 434,000 $ 376,000 Page 4 - COUNCIL BILL NO. ORDINANCE NO. 10A STREET/STORM DRAIN CAPITAL IMPROVEMENT FUND -- Materials & Services Capital Outlay $ 43,432 402,665 TOTAL STREET/STORM DRAIN CAPITAL IMPRV. FUND APPROP. PARK & RECREATION CAPITAL IMPROVEMENT FUND -- Park Projects $ 25,397 Centennial Park 55,000 Acquatic Center 17,698 TOTAL PARK & RECREATION CAPITAL IMPRV. FUND APPROP. WASTEWATER TREATMENT PLANT CONSTRUCTION FUND -- Materials & Services $ 300,000 Capital Outlay 237,500 TOTAL W.W.T.P. CONSTRUCTION FUND APPROPRIATIONS WATER WELL CONSTRUCTION FUND o- Materials & Services Capital Outlay 41,000 195,000 TOTAL WATER WELL CONST. FUND APPROPRIATIONS CITY HALL CONSTRUCTION FUND -- Capital Outlay TOTAL CAPITAL OUTLAY CAPITAL PROJECT MANAGEMENT FUND -- Materials & Services $ Capital Outlay Operating Contingency TOTAL CAPITAL PROJECT MGMT. FUND APPROPRIATIONS 31,700 49,705 22,000 10,000 $ 446,097 $ 98,095 537,500 $ 236,OOO 31,700 81,705 Page 5 - COUNCIL BILL NO. ORDINANCE NO. IOA CITY GAS TAX FUND -- Materials & Services Capital Outlay TOTAL CITY GAS TAX FUND APPROPRIATIONS 9 16,568 132,335 9 148,903 WATER FUND -- Water Administration Meter Reading/Accounting Misc. Water Accts - Mtls. & Services Interfund Transfer - Tech. & Envir. Serv. Fund Interfund Transfer - Bonded Debt Fund Interfund Transfer- Water Equip. Repl/Res. Fund Interfund Transfer- Capital Proj. Mgmt. Fund Interfund Transfer - Water Well Construction Fund Operating Contingency Unappropriated Balance 628,654 118,907 18850 208000 25~000 45000 4,500 75,000 43,089 50,000 TOTAL WATER FUND APPROPRIATIONS WASTEWATER COLLECTION & DISPOSAL FUND -- Treatment Plant Operations Sewer Line Maintenance Misc. Wastewater Accts. - Mtls. & Services Interfund Transfer Interfund Transfer Interfund Transfer Interfund Transfer Interfund Transfer - Tech. & Envir. Serv. Fund - Water Fund - WWTP Equip. Repl/Res. Fund - Bonded Debt Fund - WWTP Construction Fund Interfund Transfer- Capital Proj. Mgmt. Fund Operating Contingency 9 819,884 126,037 24,800 208,000 39,000 30,000 130,000 43,750 3,400 39,129 TOTAL WASTEWATER COLL. & DISP. FUND APPROPRIATIONS WORKING CAPITAL FUND (Central Stores) -- Materials & Services 9 32,000 TOTAL WORKING CAPITAL FUND 91,21 7,000 91,464,000 9 32,000 Page 6 - COUNCIL BILL NO. ORDINANCE NO. 10A SELF-INSURANCE FUND -- Materials & Services TOTAL SELF-INSURANCE FUND APPROPRIATIONS TECHNICAL & ENVIRONMENTAL SERVICES FUND -- Public Works Administration Engineering Division Central Garage Building Division Planning Division Code Enforcement Division Operating Contingency 256,796 94,174 452,528 61,589 109,528 109,336 64,444 23.684 TOTAL TECH. & ENVIR. SERVICES FUND APPROPRIATIONS LIBRARY ENDOWMENT FUND -- Capital Outlay $ 2,500 Operating Contingency 70,422 TOTAL LIBRARY ENDOWMENT FUND APPROPRIATIONS TREE TRUST FUND -- Materials & Services $ 717 TOTAL TREE TRUST FUND APPROPRIATIONS GENERAL OPERATING RESERVE FUND -- Operating Contingency Unappropriated Balance TOTAL GENERAL OPERATING RES. FUND APPROPRIATIONS VVASTEWATER EQUIPMENT REPLACEMENT RESERVE FUND -- 100,000 230,131 Capital Outlay $ 161.900 TOTAL WASTEWATER EQUIP. REPL/RES. FUND APPROP. 256,796 $ 915,283 $ 72,922 717 $ 330,131 $ 161,900 Page 7 - COUNCIL BILL NO. ORDINANCE NO. 10A WATER EQUIPMENT REPLACEMENT RESERVE FUND -- Capital Outlay $ 116,500 TOTAL WATER EQUIP. REPL. RES. FUND APPROPRIATIONS TRANSIT/DIAL-A-RIDE EQUIP. REPLACEMENT RESERVE FUND -- Capital Outlay $ 4,000 TOTAL TRANSIT/DAR EQUIP. REPLC. RESERVE FUND APPROP. STREET EQUIPMENT REPLACEMENT RESERVE FUND -- Capital Outlay $ 54,000 TOTAL STREET EQUIP. REPL. RES. FUND APPROPRIATIONS 116,5O0 $ 4,000 $ 54,000 TOTAL APPROPRIATIONS -- ALL FUNDS Less: Budget Resources other than taxes to be levied $13,917,187 11,927,155 Taxes necessary to balance budget Taxes estimated not to be received ensuing year $ 1,990,032 733,488 Total Taxes Levied by Section 2 of this Ordinance 2,723,520 The following tax allocations constitute the above aggregate levy: General Fund Transit Fund Library Fund Park & Recreation Fund $ 1,634,636 47,187 441,589 600,108 Total Taxes Levied 2,723,520 Section 4. That the City Recorder shall certify the tax levy, contingent upon voter approval of the one-year operating levy, to the County Clerk and County Assessor of Marion County, Oregon, made thereby and shall file with the Department of Revenue and the Division of Audits of the Secretary of State, State of Oregon, a true copy of the budget as finally adopted in accordance with the local budget laws of the State of Oregon. Page 8 - COUNCIL BILL NO. ORDINANCE NO. 10A Section 5. That if any clause, sentence, paragraph, section or portion of this ordinance for any reason shall be adjudged invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the clause, sentence, paragraph, section or portion of this ordinance directly involved in the controversy in which such judgment is rendered. Section 6. This ordinance being necessary for the public peace, health and safety, in that a budget for fiscal year 1993-94 needs to be adopted prior to July 1, 1993 in order to continue City services, an emergency is declared to exist and this ordinance shall take effect immediately upon passage bY the C°uncil and"~'ppr°va~he May°r' /,~ zT//~.~/~ ~ (~ Approved as to Form. ~ 'd~~~ City Attorney ~ Date APPROVED LEN KELLEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 9 - COUNCIL BILL NO. ORDINANCE NO. MEMO TO: THROUGH: FROM : DATE : SUBJECT: Mayor and City Council City Administrator Childs City Recorder Tennant June 24, 1993 Year-end Appropriation Transfers RECOMMENDATION: Approve the accompanying Resolution which authorizes the transfer of appropriations within specific funds during fiscal year 1992-93. In reviewing the May 1993 expenditure report, appropriation transfers within certain funds will be required for compliance with Oregon Budget Law. All of the transfers are within their respective funds and appropriations are necessary to meet estimated expenditures through the close of the 1992-93 fiscal year. 10B lOB COUNCIL BILL NO. /z//? 7 RESOLUTION NO. A RESOLUTION AUTHORIZING THE TRANSFER OF APPROPRIATIONS WITHIN A FUND DURING FISCAL YEAR 1992-93. WHEREAS, Oregon Revised Statutes 294.450 allows the transfer of appropriations within a fund after the budget has been approved and during the year in which appropriations are made, now, therefore, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the following budgetary transfer of appropriations within each fund listed below are hereby authorized to meet estimated operational expenditures in each category: GENERAL FUND: Transfer From: Police Department (001.060.610.030) City Hall Maintenance (001.080.635.000) Transfer To: Non-Departmental: Elections & Printing (001.090.653.000) Labor Negotiations Expense (001.090.61 6.000) Equipment Repair & Maintenance (001.090.620.001) Insurance- Bldg, Prop., Liability (001.090.641.020) 5,000 5,000 $ 5,000 2,000 2,000 1,000 PARK AND RECREATION FUND: Transfer From: Leisure Services (020.220.513.000) Transfer To: Non-Departmental: Insurance- Bldg, Prop., Liability (020.230.641.020) $ 1,500 1,500 ECONOMIC DEVELOPMENT FUND: Transfer From: Capital Outlay (036.360.712.050) Transfer To: Materials & Services (036.360.670.011) 20,000 $ 20,000 Page I - COUNCIL BILL NO. RESOLUTION NO. 10B BANCROFT BOND REDEMPTION FUND: Transfer From: Debt Service - Principal (052.520.883.080) Transfer To: Debt Service - Interest (052.525.881.080) SEWER CAPITAL IMPROVEMENT FUND: Transfer From: Materials & Services (061.610.631.004) Transfer To.' Capital Outlay (061.601.710.012) CAPITAL PROJECTS MANAGEMENT FUND: Transfer From: Capital Outlay (068.680.710.006) Transfer To: Materials & Services (068.680.620.001) WATER FUND: Transfer From: Water Administration (070.700.621.070) Transfer To: Non-Departmental: Insurance- Bldg., Prop., Liability (070.710.641.020) Approved as to Form.'~ ~~~'j/ ''~ City Attorney $ 5O0 $ 500 25,000 $ 25,000 $ 1,000 $ 1,000 $ 1,000 ~ lDat~eq/~~000 Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder Al-rEST Mary Tennant, Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. RESOLUTION NO. APPROVED LEN KELLEY, MAYOR 10C COUNCIL BILL NO. idT~ RESOLUTION NO. A RESOLUTION CERTIFYING THE ELIGIBILITY OF THE CITY OF WOODBURN TO RECEIVE STATE-SHARED REVENUES DURING FISCAL YEAR 1993-94. WHEREAS, Oregon Revised Statute 221.760 provides that the officer responsible for disbursing funds to cities under ORS 323.455, 366.785 to 366.820 and 471.805 shall, in the case of a city located within a county having more than 100,000 inhabitants according to the most recent federal decennial census, disburse such funds only if the city provides four or more of the following services: (1) Police protection, (2) Fire protection, (3) Street construction, maintenance, and lighting, (4) Sanitary sewer, (5) Storm sewers, (6) Planning, zoning, and subdivision control, and (7) One or more utility services, and WHEREAS, City officials recognize the desirability of assisting the state officer responsible for determining the eligibility of cities to receive such funds in accordance with ORS 221.760, now, therefore, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn hereby certifies that it provides the following four or more municipal services enumerated in ORS 221.760: (1) Police Protection (2) Street Construction, Maintenance, and Lighting (3) Sanitary Sewers (4) Storm Sewers (5) Planning, Zoning, and Subdivision Control (6) One Utility Service Approved as to form.'¢~'-~ ~ City Attorney 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 I - COUNCIL BILL NO. RESOLUTION NO. Date: May 19, 1993 EXECUTIVE DEPARTMENT ACCOUNTING DIVISION To: From: Finance Director /~ni~e Jami~on, Rev~nde Sharing JControl. Acc46unting Coordinator Re: Required Resolution: State-Shared Revenue The Accounting Division is responsible for certification of eligibility of cities for state-shared revenues (cigarette, liquor and highway taxes) under ORS 221.760. The law provides that cities located within a county having more than 100,000 inhabitants, according to the most recent decennial census (1990), must provide four or more of the following municipal services to be eligible to receive the revenues: - Police protection, - Fire protection, - Street construction, maintenance, and lighting, - Sanitary sewers, - storm sewers, - Planning, zoning, & subdivision control, - One or more utility services. In order to gain this certification, we will need to have a Resolution from your Council which states that four or more of these services are being provided. A model resolution, applicable to your city under ORS 221.760 is enclosed for your City Council action. Please return a copy of the Resolution to this office by July 31, 1993, to assure your city's certification. IF YOU ARE NOT CERTIFIED BY JULY 31, 1993, YOU WILL NOT RECEIVE YOUR PORTION OF THE STATE-SHARED REVENUES. If you have any questions concerning the level of' services or type of services which might qualify, or any other questions, please call 378-3158 ext. 248. JJ:vs Enclosure s:\wpk,~.~olutn 155 Cottage Street NE Salem, OR 97310-0310 (503) 378-3156 FAX (503) 378-8940 1OD MEMO STAFF REPORT TO: FROM: SUBJECT: DATE: City Council through City Administrator Community Development Director ~;L~ Annexation 93-01 June 24, 1993 APPLICANT: Jay Glatt Inc. & Charles M. & Neelie A. Schultz 6133 Trevino Ct N., Salem 16710 Boones Ferry Rd, Woodburn NATURE OF THE APPLICATION' The applicant has submitted a petition requesting to annex to the City of Woodburn. The owners of the subject property have filed the necessary petition and do consent to the proposed annexation. Annexation of this site will allow further development of the Tukwila Golf Course. It is anticipated that this next phase will involve both residential development as well as the construction of the golf course. Following annexation, the subject property will be reclassified as single family to conform with the current Comprehensive Plan designation. The owners will then be required to process an application for a Planned Unit Development in order to facilitate development of the golf course and the proposed residences. The proposed layout of County Club Road as depicted on the attached master plan will be vacated and relocated to some point between Country Club and Vanderbeck Roads. 1OD COUNCIL BILL NO. //~/7~ RESOLUTION NO. A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE CERTAIN PROPERTY DESCRIBED HEREIN. ANNEXATION OF WHEREAS, there have been filed with the City of Woodburn written requests for annexation signed by the owners of more than half of the land in a certain territory located at Tax Lot 100 5S, 1W Section 7A & 8B; Tax Lot 1100 5S, 1W Section 6; and Tax Lot 1500 5S, 1W Section 5C; and WHEREAS, said territory is all within the urban growth boundary as shown in the acknowledged Woodburn Area Comprehensive Plan; THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. It appears that it is in the best interest of the City of Woodburn that proceedings be initiated for the annexation to the city of certain territory located in Marion County at Tax Lot 100 5S, 1W Section 7A & 8B; Tax Lot 1100 5S, 1W Section 6; and Tax Lot 1500 5S, lW Section §C contiguous to the present city limits and depicted in Exhibit "A" attached hereto. Section 2. The City Council elects to dispense with submitting the question of the annexation of the territory described to the registered voters of the City of Woodburn as authorized by ORS 222.120. The Council will determine the question of annexation after a public hearing and fixes the Council Chambers at Woodburn City Hall, 270 Montgomery Street in the City of Woodburn, as the place and July 12, 1993 at 7:00 p.m. as the time, for a public hearing before the Council, at which time and place any registered voter of the City of Woodburn may appear and be heard on the question of such annexation. Section 3. The City Recorder is directed to give notice of such hearing, such notice to be published once each week for two successive weeks in a newspaper of general circulation in the City of Woodburn, and the Recorder shall cause notice of such hearing to be posted in four public places with the said City of Woodburn for a like period. D~atj ~/~ City Attorney Page I - COUNCIL BILL NO. RESOLUTION NO. 10D 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 Page 2- COUNCIL BILL NO. RESOLUTION NO. 1OD IOE MEMO TO: FROM: SUBJECT: City Council through City Administrator Public Works Program Manager ~ Cooperative Agreement for installation of traffic signal Mart/Kmart shared access with the State Highway Route 214 DATE: June 23, 1993 at the Bi- RECOMMENDATION: Approve the attached resolution entering into an agreement with the State of Oregon, Bi- Mart Cooperation, and GFI Woodburn Investments for installation of a traffic signal at the Bi-Mart/Kmart shared access with State Highway 214 and authorizing the Mayor and City Recorder to sign said agreement. BACKGROUND: The City Council on May 24, 1993 approved ordinance No.2106 which established a special assessment district to install a traffic signal at the Bi-Mart/Kmart shared access with Highway 214. Since the road involved is a State highway, one of the final administrative steps that must be taken is for the major parties involved to enter into an agreement for the improvement with the State of Oregon. The attached resolution approves entering into an agreement for the signal improvement and authorizes the Mayor and City Recorder to sign the agreement on behalf of the City. The resolution should be approved. COUNCIL BILL NO. i/-j-~'~ RESOLUTION NO. A RESOLUTION ENTERING INTO A COOPERATIVE AGREEMENT WITH THE STATE OF OREGON, BI-MART CORPORATION AND/OR GFI WOODBURN INVESTMENTS LTD. FOR PRELIMINARY ENGINEERING AND CONSTRUCTION FINANCING TO INSTALL A TRAFFIC SIGNAL AT THE BI-MART/KMART SHARED ACCESS TO STATE HIGHWAY 214 AND AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN SUCH AGREEMENT. WHEREAS, Ordinance No. 2106 was passed by the Woodburn City Council on May 24, 1993 setting up a special assessment district to install a traffic signal at the Bi- Mart/Kmart shared access with Highway 214, and WHEREAS, to provide acceptable traffic circulation pattern on public highways the City of Woodburn, the State of Oregon, Bi-Mart Corporation, and GFI Woodburn Investments plan to install and maintain a ti~affic signal at the Bi-Mart/Kmart shared access with Highway 214 to allow and control traffic movements at this intersection, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into a cooperative improvement agreement which is attached as exhibit "A" and by this reference incorporated herein, with the State of Oregon, Bi-Mart Corporation, and GFI Woodburn Investments for preliminary engineering and construction financing to install a traffic signal at the Bi-Mart/Kmart shared access with Highway 214. Section 2. That the Mayor and City Recorder are authorized to sign such agreement on behalf of the City of Woodburn. { I APPROVED AS TO FOR~~ ~O[ ~- ~I ~ Z City Attorney Date APPROVED: Len Kelley, Mayor Passed by Council: Submitted to Mayor: Approved by Mayor: Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon IOE IOE Approved ODOT Staff: June 11, 1993 Misc. Contract~ & Agreements No. 11,417 COOPERATIVE IMPROVEMENT AGREEMENT PRELIMINARY ENGINEERING AND CONSTRUCTION FINANCE THIS AGREEMENT is made and entered into by and between THE STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as."State"; BI-MART CORPORATION and/or GFI WOODBURN INVESTMENTS LTD., which are authorized to transact business in the State of Oregon, acting by and through their Company Officials, hereinafter collectively referred to as "Company"; and the CITY OF WOODBURN, acting by and through its Elected Officials, hereinafter referred to as "City". W I TNE SSETH RECITALS 1. For the purpose of providing acceptable traffic circulation patterns on public highways and roads in the vicinity of developments on property owned by Company; State, City and. Company plan and propose to install a traffic signal at the intersection of Hillsboro/Silverton Highway No. 140 and the Company-owned accesses at-MP 39.07 on Highway 140, in the City of Woodburn, hereinafter referred to as "project". The location of project is approximately as shown on the sketch map attached hereto, marked Exhibit A, and by this reference made a part hereof. Company shall pay for all Project costs. 2. By the authority gr~nted in ORS 366.425, State may accept deposits of money or an irrevocable letter of credit from any person, firm, or corporation for the performance of work on any public highway within State. When said money is deposited, State shall proceed with the project. Money so deposited shall be disbursed for the purpose for which it was deposited. 3. By the authority granted in ORS 366.770 and 366.775, State may enter into cooperative agreements with the counties and cities for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. This project will be financed with Company funds. B3292003 -1- EXHIBIT "a" Contract No. 11,417 BI-MART CORP. & GFI WOODBURN INV. LTD. / CITY OF WOODBURN IOE 4. By the authority granted in ORS 810.210, State is authorized to determine the character or type of traffic control signals to be used, and to place or erect them upon State highways at places where State deems necessary for the safe and expeditious control of traffic. No traffic control signals shall be erected or maintained upon any State highway by any authority other than the State, except with its written approval. Traffic signal work on this project shall conform to the current State standards and specifications. NOW, THEREFORE, the premises being in general as stated in the foregoing RECITALS, it is agreed by and between the parties hereto as follows: STATE OBLIGATIONS 1. state shall review and approve all roadway and traffic signal plans and specifications prior to advertisement for bid proposals. 2. State shall inspect the construction of the project to insure all work on the project conforms to current State standards. 3. State shall perform the signal equipment field testing and turn-on. 4. State shall, upon signal turn-on and proper operation, perform all normal and necessary maintenance of the traffic signal and state highway at the project location, and pay all maintenance costs at no .expense to City or Company; and shall retain complete jurisdiction and control of the timing established, for operation of the traffic signal. 5. State shall compile accurate cost accounting records. Company may request a statement of State costs to date at any time by submitting a written request. When the actual total cost of the project has been computed, State shall furnish Company with.an itemized statement of said final costs, including any engineering and contingency items attributable to project. 6. State shall paint necessary lane lines prior to signal turn-on. B3292003 -2- IOE Contract No. 11,417 BI-MART CORP. & GFI WOODBURN INV. LTD. / CITY OF WOODBURN COMPANY OBLIGATIONS 1. Company shall be responsible for all costs to install traffic signal at the intersection of the Hillsboro/Silverton Highway No. 140 and Company's accesses at milepoint 39.07, unless City assumes the responsibility of funding by creating an assessment district. 2. Company shall conduct the necessary traffic investigations, identify and obtain the required'permits, arrange for relocation or adjustment of any conflicting utility facilities, and perform all preliminary engineering and design work for the traffic signal portion of project. 3. Company shall prepare traffic signal plans and specifications. 4. Company shall advertise for bid proposals, award all contracts and furnish all construction engineering, materials testing, technical inspection and project manager services for administration of the contract for the project. Ail design and construction work will be performed by the Company, to State Highway Standards. 5. Company shall provide a fully tested traffic signal controller and cabinet 'for the project intersection, including conduit and detector loops. 6. As part of their portion of project, Company shall supply and install electrical conduit on Highway No. 140 within project limits, as specified by State, between Company's accesses and Pacific Highway East No. 1E. 'Said conduit shall be used in the future by State to install interconnect wires between the two intersections. 7. Company shall provide the necessary rights-of-way and easements for any required roadway work and shall furnish all related right-of-way maps and descriptions for said right-of-way. 8. Company shall comply with all requirements and' conditions of Approach Road Permits, Numbers 31704 and 03A35021, issued by State. 9. Company hereby grants State the right to enter into and occupy Company right-of-way for the inspection of the project and the necessary maintenance of the traffic signal equipment, including interconnect and vehicle detector loops. B3292003 -3- Contract No. 11,417 BI-MART CORP. & GFI WOODBURN INV. LTD. / CITY OF WOODBURN IOE 10. Company shall maintain the pavement surrounding the vehicle detector loops installed in Company accesses in such a manner as to provide adequate protection for said detector loops, and shall adequately maintain the pavement markings and signing installed on Company property in accordance with the plans and specifications for the project. 11. If City does not create an assessment district (see City Obligations No. 2), then upon completion of the project and receipt from State of an itemized statement of the actual total cost of the project, Company shall pay any amount which, when added to any advance deposits, will equal 100 percent of actual total State costs for the project, including preliminary and construction engineering, and all contingency items attributable to the project. Any portion of said advance deposits which is in excess of total State costs will be refunded or released to Company. CITY OBLIGATIONS 1. City hereby grants State and Company the right to enter into and occupy City street right-of-way for the installation of, and the performance of necessary maintenance for the traffic signal eql/ipment, including interconnect and vehicle detector loops. 2. City may create an assessment district in accordance with City Ordinance to pay for the .cost of this project, and assess the fair share cost to benefitted properties and thus assume responsibility for. traffic signal installation funding. 3. City shall maintain the asphaltic concrete pavement surrounding the vehicle detector loops installed in the City -streets in Such a manner as to provide adequate protection for said detector loops, and shall adequately maintain the pavement markings and signing installed in accordance with the plans and specifications. 4. City shall, upon signal turn on and proper operation, provide and pay for 100 percent of the power costs for the traffic signal. 5. City shall enter into and execute this agreement during a duly authorized session of its City Council. B3292003 -4- IOE Contract No. 11,417 BI-MART CORP. & GFI WOODBURN INV. LTD. / CITY OF WOODBURN GENERAL PROVISIONS 1. Company or City shall, upon receipt of a fully executed copy of this agreement, forward to State an advance deposit or an irrevocable letter of credit in the amount of $1,000, said amount being equal to the estimated total cost for the review of plans and specifications, and construction inspection for the project. 2. State, City, and Company agree and understand that a mutual review of the traffic signal and roadway improvement plans and specifications will be conducted prior to advertisement for construction bid proposals, and that State's prior written approval is necessary before such advertisement. ~2. The Contractor, its subcontractors, if any,'and all employers working under this agreement are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage for-all their subject workers. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. B3292003 -5- Contract No. 11,417 BI-MART CORP. & GFI WOODBURN INV. LTD. / CITY OF WOODBURN The Oregon Transportation Commission, by a duly adopted delegation order, authorized the State Highway Engineer to sign this agreement for and on behalf of the Commission. Said authority has been further delegated to the Traffic Engineer pursuant to Subdelegation Order HWY-4, paragraph 3. 10E AP~A~O/AL RF~COMF~E~ED t Region Engineer ate ~-[~ STATE OF OREGON, by and through its Department of Transportation By Traffic Engineer Date APPROVED AS TO LEGAL SUFFICIENCY Bi-MART CORPORATION, by and through its Company Officials By By Asst. Attorney General Date CITY OF WOODBURN, by and through its Elected Officials By Mayor By Recorder Date Title. Date GFI WOODBURN INVESTMENTS, LTD., by and through its Company Officials By Title Date BILLING ADDRESSES Bi-Mart Corp. 220 S. Senaca Road Eugene, OR 97402 GFI Woodburn Investments, Ltd. 74 East 500 South, Suite 200 Bountiful, Utah, 84010 B3292003 -6- IOE I I I ect '-7 I I I I ,2 WOODBURN 1OF MEMO TO: FROM: RE: DATE: MAYOR AND CITY COUNCIL CHRIS CHILDS, CITY ADMINISTRATOR P/A HEPATITIS a IMMUNIZATION AGREEMENT JUNE 24, 1993 Council Bill No. 1480 renews an existing agreement with Marion County for Hepatitis B immunizations and post-vaccine antibody testing. Marion County performs this service at the rate of $160 per employee, payable at the time of immunization. The City has been satisfied with this County program and it is anticipated that the per- employee rate under the contract will remain constant. However, if the County's actual cost of vaccine increases or decreases during the contract period, the County will make a reasonable adjustment for this increase or decrease and pass this along to the City. RECOMMENDATION: Approve Council Bill No. 1480 and renew the agreement with Marion County. : COUNCIL BILL NO. ///~! RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MARION COUNTY FOR HEPATITIS B IMMUNIZATIONS. WHEREAS, employers are required to provide immunizations for Hepatitis B to all employees exposed to potentially infectious materials as part of their duties; and WHEREAS, the Marion County Health Department has offered to provide immunizations services and follow-up at a reasonable cost to the City; NOW THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the Mayor is authorized to sign an agreement with Marion County for the purpose of providing Hepatitis B immunizations, a copy of which is attached hereto, and by this reference, incorporated herein. Approved as to form.'~.~'-~-- ~ ~[~'ate~ '-/ /~_.~ City Attorney 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. MARION COUNTY HEALTH DEPARTMENT SPECIAL SERVICES AGREEMENT This agreement is between Marion County, hereinafter called COUNTY and CITY OF WOODBURN, for the period of July 1.19931;hrou~h June 30, 1994. Both parties agree that there is no obligation to continue funding beyond the agreement period. CITY OF W00DBURN agrees to pay Marion County Health Department for HEPATITIS B IMMUNIZATIONS AND POST VACCINE ANTIBODY TESTING at the rate of 9160 per employee. However, if the cost of vaccine to Marion County Health Department increases or decreases during the period of this agreement, the per employee charge to the CITY OF WOODBURN may be increased to reflect this change in cost. (See Part II for details.) CITY OF W00DBURN agrees to indemnify, defend, and hold harmless Marion County, its officers, agents and employees against all claims, suits, and demands of every kind and description arising out of or in consequence of the action of CITY OF WOODBURN, the officers, agents and employees in the performance or conduct of this agreement. Likewise, Marion County agrees to indemnify, defend and hold harmless CITY OF WOODBURN, its officers, agents and employees against ali claims, suits end demands of every kind and description arising out of the consequences of the acts or actions or omissions of Marion County, its officers, agents and employees in the performance or conduct of this agreement. The COUNTY, pursuant to applicable provisions of ORS 30.260 to 30.000, maintains a self- insurance program which provides property damage and personal injury coverage. The County and City of Woodburn agrees to comply with the Civil Rights Act of 1964 and 1991, and Section 504 of the Rehabilitation Act of 1973 as implemented by 45 CFR 84.4 which states in part, "No qualified person shall on the basis of handicap be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which received or benefits from federal financial assistance," and Americans with Disabilities Act of 1990. This contract may be terminated with or without cause with 30 day's notice by either party. CONTRACTOR MARION COUNTY HEALTH DEPARTMENT Signature Date Title Agency Address Tax I.D.# Administrator Date Program SuperviSor Date Program Number Fund Verification Senior Office Manager APPROVED AS TO FORM Date Contract Coordinator 1OF CONTRACT FOR SERVICES Part II The CONTRACTOR for the sum specified below agrees to perform the following types(s) and quantity of services according to the performance standards listed below. 1. Description of services provided and location performed. Hepatitis B immunization series (3 immunizations) Hepatitis #1: initial immunization Hepatitis #2: 1 month after #1 Hepatitis #3: 3-5 months after #2 Post vaccine antibody testing 1-3 months after Hepatitis #3. 2. Contractors qualifications/experience. Funding source and rate. * Payable at initiation of series. * The fee for the vaccine series and post antibody testing is subject to change if Marion County Health Department incurs additional expenses for vaccines, lab, handling and/or process charges. Contract amount: The sum of $160 per employee. However, if the cost of vaccine to Marion County Health Department increases or decreases during the period of this agreement, the per employee charge to the CITY OF WOODBURN may be increased to reflect this change in cost. lOG MEMO TO: FROM: SUBJ.: Mayor and City Council Chris Childs, City Administrator Extension of CATV Consultant Contract DATE: June 24, 1993 Recommendation: Approve accompanying Resolution authorizing Addendum to professional services contract with cable television consultant Stephen Jolin, PhD, MuniCom Communications, in an amount not to exceed $4,605. Background: As Council will recall, a previous personal services contract was entered into with Mr. Jolin in June, 1992 for consulting services in connection with cable television franchising issues. The Scope of Work involved assisting city staff with both the Northland Cable Television renewal and the application for a second franchise by North Willamette Telecom. Total value of the consulting work was predicated on a "not to exceed" amount of $13,200 for both tasks. The ongoing work in regard to the North Willamette Telecom franchise application is, at this point, well within budget. However, we are approaching the maximum contract amount because services connected with the Northland renewal, which was completed in October, 1992, exceeded the original estimates in the Scope of Work by some $1,762. This was largely attributable to the unexpected complication of the Northland negotiations, due to the Northland's understandable concern over the possibility of a competing franchise (North Willamette Telecom). Council members may recall the number of lengthy letters received by the city from Northland officials, some of which even went so far as to imply that litigation was a possibility. The process was further complicated in that the negotiating style of one of Northland's corporate officers, who was heavily involved in the franchise renewal process, was to question virtually every phrase, nuance or comma contained in the lengthy franchise document. The fact that we eventually achieved the reasonable franchise agreement with Northland that we dld was due in great measure to the background and experience provided by our cable consultant, Similarly, we anticipate that the ongoing work in regard to the North Willamette Telecom application will be further complicated by the extremely competitive relationship between the two companies. Council has directed staff, in conjunction with the Cable Advisory Committee, to negotiate a suitable franchise agreement with 1 0G North Willamette Telecom. It is imperative that we proceed with this process in a meticulous, orderly and knowledgeable manner. The assistance of a skilled cable consultant is essential for this purpose. A revised Scope of Work, reflecting our best estimates of the tasks yet to be accomplished, is included with the proposed agreement and Resolution. Although this consulting agreement is for an amount less than $5,000, it is appropriately presented for Council approval because it is a continuation of a previously approved contract in a greater amount. Funds adequate for this purpose are included in the approved 1993-94 city budget. Ordinance 1766, our cable television "enabling ordinance", contains a provision that any new cable franchise must reimburse the city for costs of establishing the franchise, which would certainly include any consulting services of this nature. However, I believe we must realistically approach this in the vein that it is an expense the city will have to bear, as long as there is any potential that the second franchise might not ultimately be granted, for whatever reason. lOG COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OJ= AN ADDENDUM TO AGREEMENT WITH STEPHEN JOLIN FOR EMPLOYMENT AS A CABLE TELEVISION CONSULTANT. WHEREAS, the City retained Stephen Jolin for the purpose of evaluating .a cable television franchise renewal for Northland Cable Television, Inc. and reviewing and evaluating a cable television franchise application submitted by North Willamette Telecom; and WHEREAS, the cable television franchise renewal for Northland Cable Television, Inc. has received final approval and the City is still in the process of considering the cable television franchise application of North Willamette Telecom; and WHEREAS, it is necessary that additional funds be expended and the parties wish to enter into an Addendum to Agreement so that the City can complete the cable television franchise application process for North Willamette Telecom; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The Mayor and City Recorder are authorized to sign an Addendum to Agreement with Stephen Jolin (dba Municom) as copy of which is attached hereto, and by this reference, incorporated herein. / / Approved as to form;'~'~.~/~- ~~ ~/Z~//~ ~ 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 Page 1 - COUNCIL BILL NO. RESOLUTION NO. lOG ADDENDUM TO AGREEMENT THIS ADDENDUM TO AGREEMENT entered into this day of ,1993, between the City of Woodburn, an Oregon municipal corporation, (hereinafter CITY) and Stephen Jolin (dba Municom) 4820 S.W. Barbur BIvd. //34, Portland, Oregon, 97201 (hereinafter CONTRACTOR). WITNESSETH WHEREAS, CITY retained CONTRACTOR for the purpose of evaluating a cable television franchise renewal for Northland Cable Television, Inc. and reviewing and evaluating a cable television franchise application submitted by North Willamette Telecom; and WHEREAS, the cable television franchise renewal for Northland Cable Television, Inc. has received final approval and CITY is still in the process of considering the cable television franchise application of North Willamette Telecom; and WHEREAS, it is necessary that additional funds be paid to CONTRACTOR so that consideration of the cable television franchise application of North Willamette Telecom can be completed, NOW, THEREFORE, in consideration of the terms, conditions, and covenants and performances contained herein, the parties agree as follows: I. INTENT OF ADDENDUM This ADDENDUM TO AGREEMENT is intended by the parties to modify that agreement made and entered into on the 9th day of June, 1992, between the City of Woodburn, an Oregon municipal corporation, and Stephen Jolin (dba Municom), 4820 S.W. Barbur Blvd.//34, Portland, Oregon, 97201. The terms of said agreement are modified only as contained in this ADDENDUM TO AGREEMENT'and in all other respects the original agreement shall remain in full force and effect. II. CONSIDERATION Paragraph IV (Consideration) of said original agreement is modified to add an additional paragraph which shall read as follows: Notwithstanding, and pursuant to the ADDENDUM TO AGREEMENT, additional compensation not to exceed four thousand six hundred and five dollars ($4,605.00) shall be paid to CONTRACTOR at the rate of $85.00 per hour according to the SUPPLEMENTAL SCOPE OF WORK attached hereto. lOG III. SUPPLEMENTAL SCOPE OF WORK The SUPPLEMENTAL SCOPE OF WORK attached to this ADDENDUM TO AGREEMENT is adopted by the parties and shall be incorporated as "Attachment 2" of said original agreement, CITY OF WOODBURN By-' Len Kelley, Mayor Date: STEPHEN JOLIN Date: ATTEST: Mary Tennant, City Recorder City of Woodburn lOG ATTACHEMENT 2 SUPPLEMENTAL SCOPE OF WORK Professional Fees a) Research and nego- tiation meetings b) Franchise drafting ¢) Misc. telephone consultation d) Attendant at meetings Direct Expense SUBTOTAL TOTAL Hours Rate 20 $85 20 85 4 85 53 85 $1,700.00 1,700.00 765.00 4,505.00 100.00 9100.00 94,605.00 lOG AGREEMENT THIS AGREEMENT made and entered into this 91;h day of June ,1992 between the City of Woodburn, an Oregon municipal corporation, (hereinafter CITY) and Stephen Jolin (dba MuniCom), 4820 SW Barbur Blvd, #34, Portland, Oregon 97201 (hereinafter CONTRACTOR). WITNESSETH: WHEREAS, CITY is engaged in the process of evaluating a franchise renewal for Northland Cable Television, Inc.; and WHEREAS, preliminary cable television franchise application has been received by CITY from North Willamette Telecom; and WHEREAS, it is necessary for CITY to complete the franchise renewal process for Northland Cable Television and to review and evaluate the cable television franchise application submitted by North Willamette Telecom; and WHEREAS, CONTRACTOR has expertise in assisting Oregon cities and counties in evaluating cable television renewals and applications; and WHEREAS, the parties wish to enter into an agreement so that CITY can complete the renewal process for Northland Cable Television and adequately evaluate the cable television franchise application of North Willamette Telecom. NOW, THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein, the parties agree as follows: INTENT OF AGREEMENT It is the intent of this AGREEMENT for CONTRACTOR to provide technical assistance and services to CITY in order to complete the franchise renewal process for Northland Cable Television and to adequately evaluate the cable television franchise of North Willamette Telecom. II. NATURE OF WORK CONTRACTOR shall perform consulting and advising services for CITY as described in Attachment I, which is appended hereto, and by this reference, incorporated herein. CONTRACTOR shall, within reasonable limits, allocate the amount of time spent to accomplish the specific tasks outlined in Attachment I in accordance with the number of hours specified therein. 10G Ill. STATUS OF CONTRACTOR The parties agree that CONTRACTOR is a professional person and that the relationship created by this contract is that of employer-independent contractor. CONTRACTOR is not an employee of CITY and is not entitled to the benefits provided by CITY to its employees, including but not limited to workers compensation insurance, unemployment insurance, health insurance, and retirement. CONTRACTOR may practice his profession for others during those periods when he is not performing work under this agreement for CITY. iV. Vm CONSIDERATION In consideration of CONTRACTOR'S satisfactory performance in carrying out the functions and activities described in Attachment I, CITY shall pay CONTRACTOR at the rate of $75 per hour. CONTRACTOR'S total compensation shall, in no event, exceed the amount of thirteen thousand two hundred dollars, ($13,200). CONFIDENTIALITY CONTRACTOR agrees not to divulge any confidential information; without the consent of CITY, to any person, firm, corporation or other entity. VI. COMPLIANCE WITH LAWS CONTRACTOR agrees to comply with all applicable laws, ordinances, and codes of state and local governments. VII. TERMINATION Either party may terminate this agreement anytime upon 30 days written notice to the other party. If the at the time of termination, CITY owes any fees to CONTRACTOR, such fees are due and payable within 30 days of termination. VIII. ASSIGNMENT The rights and duties of the parties hereunder are personal and shall not be assignable by either party without the express written consent of the other party. 2 IX. GOVERNING LAW It is agreed that this agreement shall be governed by the laws of the state of Oregon. SEVERABILITY If any provision or part of this agreement is for any reason determined by a court of competent jurisdiction to be invalid or unenforceable, then such part shall be severed from the agreement and the remainder thereof shall remain fully enforceable. lOG XI. ATTORNEY FEES In the event a suit or action is instituted to enforce any right guaranteed pursuant to this agreement, the prevailing party shall be entitled to, in addition to the statutory costs and disbursements, a reasonable attorneys fee to be fixed by the trial and appellate courts respectively. Xll. ENTIRE AGREEMENT This agreement constitutes the entire understanding of the parties with respect to the subject matter herein and supersedes all negotiations, prior discussions and preliminary agreements made prior to this date. All modifications to this agreement shall be in writing and shall be signed by the parties. CITY OF WOODBURN Fred W. Kyser, ~/yor DATE: June 9, 1'992 ATTEST: nant, City Recorder City of Woodburn 3 lOG TASK Immediate 1. Preliminaries (Background study, document review) 2. Design NWT review process AttaChment 1 PROPOSED SCOPE OF WORK - CABLE TV CONSULTANT HOURS COSTS 8 hrs. 600 10 hrs. 750 Northland 1. Limited review of system financial performance & past franchise payments 2. Limited review of access facility & equipment needs 3. Review renewal/assist in negotiations and completion of process 4. Assist in reconciling franchise and ordinance 5. Direct expense (Postage, L.D. phone, fax, mileage, printing) 91,350 10 hrs. 750 10 hrs. 750 30 hrs. 2,250 North 8 hrs. 600 300 94,650 Willamette Telecom 1. Review proposal and prepare report 40 hrs. 3,000 2. Compare proposal with governing documents 12 hrs. 900 for level playing field 3. Analysis of financial viability in overbuild situation 20 hrs. 1,500 z~. Assist in negotiations of NWT franchise 20 hrs. 1,500 if approved Direct expense (Postage, LD. phone, fax, mileage, printing) 300 97,200 Some flexibility of hours within categories, as well as between categories within the total, should be expected. P.O. BOX 1076 WOODBURN, OREGON 97071 16 June 1993 Chief of Police City Council City of Woodburn Woodburn, Oregon 97071 Dear Council Members: Drums of Fire, as you know puts together the Summer Music Games each year. This year the show is on Thursday July 1, 1993. We hope to have 10 Corps and Bands making this year the biggest ever for Woodburn. These young people and their Corps are from all over the Western United States and Canada. Last year we requested and received permission to close Park Avenue from James to Alexandria. The approval of our request was endorsed by the Police Department and to our knowledge did not cause any great inconvience to anyone. We are asking to have Park Avenue closed from James Street on the south to Alexandria on the north, from 12:00 noon until the end of the show on July 1 1993. We have discussed this request with Police Chief Ken Wright and have his approval. He has also indicated that and his staff will assist us in proper placement of barricades etc. Thanking you in advance. Secretary/Treasurer Drums/of Fire Inc 101 MEMO TO: THROUGH: FROM: SUBJECT: DATE: City Administrator for Council Action Public Works Director Julie Moore, C.E. Tech I/~~/N-~~ No Parking Request onW,L'~H-est ayes St. at Nellie Muir School June 21, 1993 RECOMMENDATION: It is recommended that NO PARKING signs be installed on the south side of W. Hayes along the Nellie Muir parking lot to eliminate traffic hazards due to cars parking on the south side of the street next to the parking lot. (See attached map) BACKGROUND: Nellie Muir staff have reported problems with vehicles being parked on the south side of West Hayes in front of the school, outside the marked parking lot. There is one section of the parking lot that has a yellow painted curb along the street and the rest is asphalt from the parking lot to the street. The staff cited problems with visual clearance as motorists leaving the parking lot could not see oncoming traffic due to cars parked on Hayes St. outside the marked parking area, even along the yellow curb. Hayes Street is partially improved with a curb, sidewalk and bike lane on the south side of the street from Settlemier up to the school. There is No Parking allowed on the south side in this area due to the bike lane. There is a curb on the north side from Nellie Muir to Cascade Drive and on-street parking is allowed. Therefore, to eliminate traffic hazards it is recommended that NO PARKING signs be installed on the south side of W. Hayes St. along the parking lot of Nellie Muir. I- !ii::::::::::: :;.'... ,:.;..'.:.."..".:.;.: ::::::::::::::::::::: / ::::::::::::::::::::: .3 101 J:J:i:i:i . oj MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager Easement in Library Park for US West Communications June 21, 1993 RECOMMENDATION: Grant US West Communications an easement for a 5 foot by 18 foot section of a City lot known as Library Park. BACKGROUND: At the November 23, 1992 council meeting US West Communications was granted a 5 foot by 5 foot easement in the City lot east of the Library known as Library Park. It is annotated as "old easement" on attached map. US West intended to install a maintenance cabinet at this location. The cabinet will be utilized by maintenance personnel to troubleshoot problems with lines and will be an expansion of this capability within the City. They have indicated that the cabinet would give them the potential to isolate problems quicker. They will provide landscaping to screen the cabinet. While completing the engineering to install the cabinet they determined that it would better fit the existing cable situation if it was located in the northwest corner of the lot instead ,annoted by "5' x 18' US West Easement" on the attached map. The additional 13 feet easement is required to move the cabinet further back from the sidewalk and place it next to an existing building which contains air conditioning equipment for the library. This new easement, which is also attached, cancels and supersedes the easement that council granted at the November 23, 1992 council meeting which was recorded with Marion County. As a result US West will still only have the one easement on the lot that is being requested at this time. The new easement should be granted. USW~tEse,693 RR:bw T~..,~., T~'TLE II~SUP~,~H, CE CO. sit. o# ~e ~, ~w 10J --E SUB. PLAT SETTLEMIER'$ ADD. OLD EASEMENT Z 1390 ~1-91) Tax Lot 00171 EASEMENT Job 23R550C RAA/. Reference The Undersigned Grantor(s) for and in consideration ot Mutual Benefits ................................... Dollars ($ -0- ) and other good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant and convey to U S WEST Communications, Inc., a Colorado Corpo- ration, (Grantee) whose address is 16OO 7th Ave., Seattle, Washington 98191 its successors, assigns, lessees, licensees and agents a perpetual easement to construct, reconstruct, operate, maintain and remove such telecommunications facilities as Grantee may require upon, over, under and across the following described land which the Grento~ owns or in which the Grantor has any interest, to wit: Lots 1, 2, 3 and the North 23.25 feet of Lot 4, Block 3, Addition "^" to the City of Woodburn, Marion County, Oregon, according' to the re- corded plat thereof. Said easement being the West five (5)feet of the North eighteen {18) feet Of Lot 1 of the above described property' lying'Southerly of Gar- field Street right of way to be used for the installation of under- ground communication facilities, conduit and above ground cabinet. This easement cancels and supersedes that easement granted on November 24, lgg2 and which was recorded on March 5, 1993 under Reel 1039, Page 12 of Records of Marion County, Oregon. 10J situated in county of Marion , State of 0re0on Grantee shall have the right of ingress and egress over and across the Land of the Grantor to'and from the above-described property and the right to clear and keep cleared all trees and olhor obstructions. Grantee ~hell be responsible fo~ all damage caused to Grantor arising from Grantee's exercise of the rights and privileges herein granted. The Grantor reserves the right to occupy, use and cultivate said Easement for all purposes not Inconsistent with, nor interfering with the rights herein granted. The rights, conditions and provisions of this easement shall inure to the benefit of and be binding upon the heirsl executors, administrators, successors and assigns of the respective parties hereto. In witness whereof the undersigned has executed this instrument this Witness: By: dayof 19 . CITY OF W00DBURN (ladividuII A~ledgement) (Comi~ormte A~knowledgement) County of County of On this day personally appeared before me known to me to be the individual who executed the foregoing instrument, and acknowledged that signed the same as tree and voluntary act and deed, for the uses and purposes herein mentioned. Given under my hand and official seal this dayof ., 19__. Notary Public in and for the Slate of residing aL On this day personally appeared before me who did say he/she is the o! the corporation that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein men- tioned, and on oath stated that was/were authorized to execute said instrument on behaff of the cor. poration. Given under my hand and official seal this day of ., 19__. Notary Public in and for the State of residing at My commission expires: My commission expires: 15A MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Program Manager ,,~'~' Public Works Water Contamination Update June 24,1993 When reported to council on June 21, there had been two positive total coliform samples from a sampling point on Country Club Road on June 18 and one positive sample from a residential outdoor faucet near the Country Club sampling point on June 18. On June 21 st three repeat samples were taken from the Country Club road sampling points, five regular sampling points according to the normal sampling schedule (these were located in Senior Estates and other areas in the western part of the City) and a sample from Well #9 which was closest to the area of the bad samples. After samples were taken lines in the area were flushed at a Iow rate of flow. Results from the samples were received on June 22nd. The two sample points that had previously tested positive were positive once again. The other seven samples were negative. Neither the City or Health Division can come up with a good reason for the presence of the bacteria. The number of repeat positive samples would seem to indicate that sampling problems were not the cause of the positive results. The city distribution system is closed and great care is taken when work is done. City crews have been installing new pipe along Hardcastle Avenue but no positive samples resulted between the work site and Country Club Road. The water from this area also would not normally move toward the area of the positive samples. A short section of new piping had been installed in the Senior Estates Mobile Home Park. This work was done after the first positive sample, however, so the possibility of this being the source is also very small. This installation was not accomplished to City standard for disinfection but it is not currently being considered a potential source. The City well closest, approximately 2000 feet, from the area of positive samples was tested on June 21 st and the results were negative. The State Public Health Division was contacted on the positive samples. The City was instructed to take four samples from residential outdoor faucets within the vicinity of the original positive samples. These samples were taken the afternoon of June 22nd and submitted to the laboratory. On June 23rd a portion of the supply system in the vicinity was again flushed - this time at full flow from the fire hydrants. A slight odor, slight discoloration and some sand was noted from flushed hydrants. The levels of these 15A City Council through City Administrator page 2 observations were not abnormal from flushing observations in the area from previous years and in fact they were better than had been reported in the last two years. On June 24th the City was notified that all four samples were positive. The Public Health Division was again contacted. They concurred with the City's plan to flush the system. Additional samples were taken on June 24th from a wider area than previous sampling. These samples were taken from areas that both have and have not been flushed. The remainder of the Senior Estates area north of Highway 214 will be flushed on June 24th and 25th. Results of the latest series of tests will be available on June 28th. All samples tested to this time DID NOT contain fecal coliform or E. Coli bacteria. At this time there is no action required by City residents. 15B TO: FROM: SUBJECT: DATE: MEMO City Council through City Administrator Public Works Director ~ Agripac's Annexation Issue June 24, 1993 In a cooperative and business like manner, the discussion of property annexation with the representatives of Agripa¢ is continuing. Each side has clarified their goals and both sides are trying to understand each others approach. Agripa¢ is interested in finding out the city's ability and willingness to serve their property with potable water and sanitary sewer. This is an important issue for the city also. The city's ability to treat the process load is limited and to be able to arrive at a workable solution, the topic of the new plant annexation has been separated from the old plant. Since the new plant is near completion, it has been agreed that the city will cooperate, without spending any of its own money, in the start up process of the plant. The city will allow fire protection water use and domestic sewage treatment at 1.5 times the inside city rate. The treatment of the food processing waste will be performed by the existing facility of Agripa¢. Agripa¢ will develop a time table for future negotiations soon after their board meeting in July. The next meeting is expected to take place in August. As usual, the final terms of the agreement will be brought to the Council for their approval. I hope that the approach staff is taking to accomplish the annexation goal is acceptable to the City Council. AGRIUPDT MEMO 15C TO: FROM: SUBJECT: DATE: MAYOR AND CITY COUNCIL THROUGH CITY ADMINISTRATOR STEVE GOECKRITZ, COMMUNITY DEVELOPMENT DIRECTOR DISPOSITION OF THE POOL HALL LOCATED AT 573 N. FRONT STREET JUNE 24, 1993 Dave Trapp and Associates, registered engineers, submitted on behalf of the property owner an earthquake repair plan for 573 N. Front Street. In turn, the plans were submitted to the Marion County Building Department for review. The purpose of this procedure is based on the physical characteristics of the structure. Any building over 4,000 square feet in floor area and over 20 feet in height must be reviewed by an "A" level plans examiner. The city's building official is qualified as a "B" level plans examiner. Therefore, the City of Woodburn utilizes Marion County "A" level examiners for buildings of this size or larger. After Marion County's review, the city received a response that is attached to the memo. In assessing the requirements as to what is needed to bring the structure up to Uniform Building Code (UBC) standards, the following three conclusions were made by Marion County Building Officials: (1) The plans submitted by Trapp and Associates were "acceptable as submitted." It should be noted, however, the plans only detailed the repairs to the second story. (2) The plans did not fully take into consideration the potential damage to the first floor of the structure. The UBC calls for the load forces to be analyzed all the way to the foundation. (3) The project may be subject to standards as required under the Americans with Disabilities Act of 1990 (ADA). In conclusion, the city staff will be meeting with the property owners engineer to address those issues raised in the Marion County report. It is staff's objective to insure, to the greatest extent possible, the safety of the building without requiring it to be razed. Staff will keep the Council informed as to the disposition of this building as we proceed to conclude this matter, SG/kv Attachment Marion County OREGON COMMUNITY DEVELOPMENT DEPARTMENT 15C DIRECTOR Crai$ O. Luedeman BUll.DING IN.~ECTION PtANNING & ~OARD O~ COMMI~ONERS Gary, Heer ~ry Pearmine ADMINISTRATIVE OFFICER Ken Roudybush D,¥FS: CONTROL NUMBER: PE~IT NUMBER: TYPE OF CONSTRUCTION: BUILDING CLASS: PLAN REVIEW NOTICE' June 10, 1993 573 Front S, woo~burn Ir.nec Garcia 93-1742 N.s. (S-N) N.S.- Earthquake Repair to Existing Building The plans for the above indicated pzoJect are accept, able as subm£tted subject to the following items noted below= Thi~ is a plan review covering the alterations to the above existing building. This review is based on the regulations of the Oregon State Structural Specialty ~e ('91 USC) 1993 Edition. The permit application submitted indicates this plan is for the repair of "earthquake damage". The full extent of the damage cannot be determined from the plans. This review is not intended to prohibit the building inspector from requesting an evaluation of the acceptability of existing structural members that may appear to be unsafe. Existing construction not specifically detailed in the plans and structural calculations is beyond the sco~e of this review. Submit a s~ructural analysis indicating extent of the structural d~mage and showing co~pliance with ~he State of.Oregon Structural S~ecialty Code. NOTE= Oregon Revised S~atute 401.S39 requires "The building shill be repaired in ac¢0rdance wi~h the current build£~g code..." The analysis is required to be based upon establishe~ principles of mechanics. It shall result in a structural system which provides a complete load path capable of transferring all loads and forces from their ~oint of origin, through the various load resisting elements assumed by the design, completely ~hrough the structure to the foundation. (2303(b)') Loads carried through existing elements mus~ be within established stress limit~ for those elements. Under Section 105 the engineer may propose as an alternate design method. See the analysis methods allo~ed under the "Uniform Code for Building Conservation" as published by the International Conference of Building Officials. 1~0 'd Senator Building 01 220 High Street NE Salem, Oregon 97301-3670 l-IQ W0~l-I WId£t~: 6[3 £66 I;-,'.'1:-90 573 Front S, Woodburn June 10, 1993 Page 2 15C Approval of submitted plans is not an approval of omissions or oversights by this office or of noncompliance with any applicable regulations of local government. This pro~ect may be subject to =he architectural standards of the Americans with Disabilities Ac= of 1990 (ADA). Issuance of a building permit does not certify compliance with thi~ Federal Statute. C~p£es of the guidelines and information concerning rheA DA may be obtained from the Architectural and Trans~rtation Barriers Compliance Board, 1-202-653-7834 (Voice/TDD) or 1-800 USA-ABLE. Failure to comply with the ADA may result in Federal Fines and penalties. Local FAre Districts may have additional requl=ements'that .affect this project. Yo~ are advised to contact the'Fire Distric~ before you proceed. If you have any questions, please contact me at S88-5147. TARNO COLEHAN, P. E · PLAN CHECK ENGINEER DONALD WOODLEY BUILDING OFFICIAL T¢/DW cc: file Robert Arzoian, Building Official; (503) 982-52S0 City of Woodburn, 270 Montgomery St., Woodburn, OR 97071 Bob Benck, FAre Marshal, (503) 982-2360 FAX 981-5004 Woodburn Fire District, 1776 Newberg Hwy, Woo~burn, OR 97071 George Crosiar, Deputy State Fire ~arshal; ($03) 375-4917 FAX 373-1825 S~ate of Oregon Fire'Marshal, 4760 Portland Rd ~, Salem, OR 97305 David L T~app & Associates, Engineers & Surveyors; 981-3181 1235 Mt ~ood, Woodburn, OR 97071 ~S~86 lq~ WO~ WU£~:60 £66I-a~-90 MEMO TO: FROM: SUBJECT: DATE: City Council through the City Administrator Public Works Program Manager ~ ~' Water Contamination Update Number 2 June 28, 1993 The city took four additional samples on June 24 in the area of previous positive samples. There was one positive sample from this set. The other three samples were negative. The positive sample was from the house just to the west of where the sampling point which generated the first positive sample is located. This was the fourth positive sample from this location. In discussions with the State Health Division, the city suggested that the four homes closest to the sample point, including the one with the series of positive samples, be flushed. State Health Division concurred with the city's plan of action. This was accomplished on June 28 and four additional samples in the vicinity of the original positive sample point were taken. The home which has had the series of positive samples was also resampled. The results from this series of samples will be available late in the afternoon on June 29. We have still been unable to come up with a reason for the coliform problem in this area. The city feels that the flushing will remove the water from the system that is causing the positive samples. Once the water causing the positive samples is removed the area will be closely monitored in the coming months. All samples tested to this time DID NOT contain fecal coliform or E. Coil bacteria. At this time no action is required by city residents. RR:Ig CONTAM.WTR