Loading...
Agenda - 06/14/1993CALL TO ORDER AND FLAG SALUTE ROLL CALL MINUTES A. City Council minutes of May 24, 1993. B. Planning Commission minutes of May 13, 1993. APPOINTMENTS AND ANNOUNCEMENTS APPOINTMENTS City Council Ward I - Mr. William W. Mitchell, 3464 Jory Street, to fill unexpired term ending in December, 1996. OATH OF OFFICE - COUNCIL APPOINTEE (upon confirmation by Council) ANNOUNCEMENTS PROCLAMATIONS COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn Comeback Campaign COMMUNICATIONS A. Written - None 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 Dangerous Buildings) B. C. D. E. 237 N. Front Street. 573 N. Front Street. 479 N. Front Street. 591 N.'Front Street. 199 N, Front Street. 3A 3B 4A 8A 8B 8C 8D 8E Page 1 - Woodburn City Council Agenda of June 14, 1993. 9. TABLED BUSINESS 10. GENERAL BUSINESS A. Reconsideration of vetoed Council Bill 1471 - Resolution establishing Be E. F. G. a lien search policy. Reconsideration of vetoed Council Bill 1473 - Resolution authorizing replacement ICMA trust agreement. Council Bill 1475 - Resolution authorizing contractual services agreement with N. Robert Shields as City Attorney. Award for sale of surplus city property in the Industrial Park. Engineering report on Highway 99E sidewalks. Request for permission to use sound amplification equipment. Fourth of July celebration requests: (1) insurance coverage, and (2) sound amplification. 11. APPROVAL OF CLAIMS A. Bills for the month of May 1993. 12. PUBLIC COMMENT 13. NEW BUSINESS 14. SITE PLAN ACTIONS 15. STAFF REPORTS Building Official report on June 7, 1993 aftershock. Letter from Southern Pacific re: resumption of speed limit. Agripac annexation issue. Disposition of Stonehedge complaint. Swimming pool renovation project update. Status of Chappell Development proposal. Building activity report for May, 1993. Code Enforcement report for May, 1993. Ae B, C. D. E. F. G. H. 10A lOB 10C 10D 10E 1OF lOG 11A .15A 15B 15C 15D 15E 15F 15G 15H 16. MAYOR AND COUNCIL REPORTS 17. ADJOURNMENT Page 2 - Woodburn City Council Agenda of June 14, 1993. 3A COUNCIL MEETING MINUTES May 24, 1993 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MAY 24, 1993. OOO3 CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kelley presiding. 0010 ROLL C__ALL. Mayor Kelley Present Councilor Figley Present Councilor Galvin Present Councilor Hagenauer Present Councilor Jennings Present Councilor Sifuentez Present Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police Chief Wright, Finance Director Gritta, Park Director Holly, Public Works Manager Rohman, City Recorder Tennant 0018 MINUTES. JENNINGS/FIGLEY... approve the Council minutes of May 10, 1993. motion passed unanimously. The OO32 ANNOUNCEMENTS. A Special Council meeting will be held on Monday, June 7, 1993, 7:00 p.m., for the purpose of holding a public hearing on a proposed Transportation Plan within the I-5 corridor area. 0042 WOODBURN COMEBACK CAMPAIGN REPORT. Councilor Figley advised the Council that the downtown clean-up event was a success. She expressed her thanks to all those individuals who participated in the clean-up project and their willingness to make the downtown area a cleaner place for local residents and travelers to view. OO65 Preston Tack, 2197 Camilla Way, suggested that the City Council take formal action to establish a steering committee comprised of municipal and citizen membe.rs to look at wastewater treatment requirements within the Pudding River Basin. He also suggested that an invitation be given to all jurisdictions who utilize the Pudding River basin to participate in this regional issue. The ultimate goal in completing this study is to assure all jurisdictions that what is Page I - Council Meeting Minutes, May 24, 1993 3A COUNCIL MEETING MINUTES May 24, 1993 TAPE READING done in the basin best meets the need of the basin in terms of where treatment facilities are located, how they are financed, and how they are managed. 0116 Jim Audritsh, 16775 8utteville Rd. NE., questioned if the public hearing on June 7th would include discussion on the business license fee issue. Mayor Kelley stated that the license fee issue is one of the topics to be discussed, however, it is not directly tied to the Transportation Plan. 0145 PUBLIC HEARING - LIQUOR LICENSE REQUEST RE: LUISE'S BAKERY. Mayor Kelley declared the public hearing open at 7:10 p.m.. Police Chief Wright stated that Luis & Luisa Quintero, DBA: Luise's Bakery, had applied for a package store liquor license at 523 N. Front Street. He reviewed the criteria established by state statute and Oregon Administrative rules in which the Council could base their recommendation on, however, the Oregon Liquor Control Commission (OLCC) has final determination on the status of the application. Chief Wright stated that a background investigation of the applicants did not reveal any adverse information and that the applicants had advised his staff that they proposed to sell beer and wine for off-premise consumption. As part of Chief Wright's presentation, he provided statistical information on criminal activity in the downtown area versus other business areas within the community. He also cited OAR 845-05-007(4), 845-05- 026(3)(a), and ORS 472.155(5) as applicable rules that the Council should consider when making their recommendation. He stated that the criminal statistics shown within the Oregon Uniform Crime Report (OUCR) have decreased city-wide since 1988, however, he felt that this trend was obtained through the strict enforcement and cooperation from our City Attorney, District Attorney, and the court system along with the assistance of the Woodburn Comeback Campaign and other organizations and citizens within the community. He also reminded the Council that a package store liquor license application was submitted to the City in 1990 at a location near the bakery, however, the applicants had withdrawn their liquor application prior to any decision being made by the Council. Chief Wright recommended that the license be denied since the location of the licensed premise would be in an area that has a history of criminal activity and continued problems with unlawful activities as specified in the Administrative Rules. Documents submitted into the record included the staff report and a memo from the Planning Division advising the Council that selling alcohol in the Downtown Historic District is a permitted zoning use. Luis & Luise Quintero, applicants, were not in attendance at the meeting. No one in the audience spoke in favor of the proposed liquor license application. Page 2 - Council Meeting Minutes, May 24, 1993 3A COUNCIL MEETING MINUTES May 24, 1993 TAPE READING 0645 Beverly Koutney, Coordinator of Volunteers for the Literacy Program at Chemeketa Community College, 120 E. Lincoln St, stated that the proposed outlet is located directly across the railroad tracks from the Adult Basic Education classrooms which provides educational instruction to students age 16 and up. These students are very perceptive and they periodically observe illegal activities which are occurring in the vicinity of the proposed outlet. Off- premise consumption of alcoholic beverages only encourages continued illegal activity in the downtown area and it sets a poor example which can impact the student's way of thinking. In addition, the Woodburn Berry Museum has plans to sponsor youth activities this summer and young children would have to walk pass this proposed outlet on their way to and from the museum. Chemeketa also has a educational site at 154 Harrison St. which is within 500 feet of the proposed outlet. She opposed the granting of a license at this location due to its potential impact on a vulnerable group of young people. Ms. Koutney also read a letter from Nancy Kirksey, Director of Woodburn Chemeketa Center, advising the Council of Chemeketa's plan to provide educational and supportive services to at-risk high school students at Chemeketa's facilities located at 120 E. Lincoln Street and 154 Harrison Street. This program has been designed to help students from numerous school districts in north Marion County and she felt that having a package store outlet within 500 feet of the school would be detrimental. Additionally, Chemeketa is trying to obtain a grant to provide a child care facility at 198 E. Lincoln for the Even Start child care program. 820 Virginia Shuul, instructor at Chemeketa's Center for Independent Learning, read a letter in opposition to the liquor license application which was also signed by instructor Madeline Henderson and assistant Judy Warrick. The students they deal with are as young as 16 but the average age is 22. Those students are trying to overcome past experiences which, in some cases, involve substance abuse. These students require support for educational and vocational training and the authors of the letter expressed their opinion in that having an outlet within a close proximity of the school only serves as a reminder to those students of their past indiscretions and an invitation to future problems. Ernie Livesay, 945 Meadowvale Lane, stated that, as a board member of the Woodburn Berry Museum and a member of the Woodburn Comeback Campaign, both organizations are concerned about the development of the downtown business district and the level of criminal activity found in that area. He expressed his opposition to the proposed package store outlet due to the statistical data that was described by Chief Wright. In addition, downtown Woodburn has limited parking along Front Street. 0920 City Recorder Tennant advised the Council that a letter from Woodburn Together was also received in opposition to the proposed package store outlet. Page 3 - Council Meeting Minutes, May 24, 1993 3A COUNCIL MEETING MINUTES May 24, 1993 TAPE READING Mayor Kelley declared the public hearing closed at 7:37 p.m.. Councilor Figley stated that the City still has similar problems in the downtown area as was addressed in 1990 and the types of conduct being displayed by individuals in that area are aggravated by the consumption of alcohol. She also stated that she did not believe that any additional outlets in the downtown area should be approved due to the number of alcohol related and alcohol aggravated disorderly conduct activity which is found in the downtown area. Councilor Sifuentez stated that she was opposed to allowing additional outlets in the downtown area even though the applicants have a clean record. JENNINGS/FIGLEY... City of Woodburn recommend that the application for a package store license by Luise's Bakery be denied. The motion passed unanimously. 0999 PUBLIC HEARING - OREGON COMMUNITY DEVELOPMENT BLOCK GRANT. Mayor Kelley declared the public hearing open at 7:40 p.m.. Public Works Manager Rohman reviewed the Community Development Block Grant program which allows for City application of grant funds in numerous areas. The grant program currently open allows for application of Public Works project funds and, as part of the procedure to apply for such funds, a public hearing is required to gather testimony from the public as to what projects should be considered for~grant funding. He stated that the staff had identified such areas as additional water storage and improvements to North Front Street as potential projects. He also advised the Council that another public hearing would be held prior to submitting a grant application. Since there were no comments from the public regarding this issue, Mayor Kelley declared the public hearing closed at 7:45 p.m.. 1192 PUBLIC HEARING - SALE OF SURPLUS PROPERTY. Mayor Kelley declared the public hearing open at 7:46 p.m.. Public Works Manager Rohman reviewed the staff report which provided background information on the original purchase of the 7.5 acre parcel in the Industrial Park area. In 1991, a portion of the property was sold to the developers of K-Mart leaving approximately 3.4 acres which has subsequently been partitioned to a 1.4 acre parcel (which houses a water well and we,house) and a 2 acre parcel. The staff recommended that the 2 acre parcel be declared surplus property and it be made available for sale and sealed bids be received with a minimum purchase price based on an already completed appraisal. No one-in the audience spoke either for or against the proposed declaration of surplus property. Mayor Kelley declared the public hearing closed at 7:51 p.m.. Page 4 - Council Meeting Minutes, May 24, 1993 COUNCIL MEETING MINUTES May 24, 1993 TAPE READING Councilor Jennings questioned the disposition of the funds received from the potential sale of the property. Public Works Director Tiwari stated that the funds would be returned to the capital improvement funds which originally paid for the property. The funds received cannot be shifted to other sources such as operations since the reserve funds are a dedicated source of funds. He also stated that if a public works shop is constructed, it would be more desirable to have the shop in the downtown area or near the old treatment plant site. Administrator Childs stated that, at the point the funds are received, they will be shown as unanticipated revenues for a future supplemental budget process or as part of the 1994-95 working capital carryover within the public works capital improvement funds. 1547 COUNCIL BILL 1470 - RESOLUTION AUTHORIZING SALE OF SURPLUS PROPERTY. Council Bill 1470 was introduced by Hagenauer. 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 1470 passed unanimously. Mayor Kelley declared the bill duly passed. 1584 COUNCIL BILL 1471 - RESOLUTION AUTHORIZING ADMINISTRATIVE FEE FOR PROVIDING LIEN SEARCHES AND DUPLICATE WATER/SEWER BILLS. Council Bill 1471 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. Councilor Figley questioned the distribution of a quarterly printout to frequent users at a nominal charge rather than responding to individual requests on title searches. Finance Director Gritta stated that the proposed resolution also establishes a policy on what type of information is required before a lien search is conducted and when a telephone update is given. In her research on how other cities in the I-5 corridor area are handling lien search requests, she found that many cities are charging at least $10.00 per lien search. The City continues to experience more growth and numerous lien search requests are handled daily by office staff which takes away valuable time to do other routine tasks. The policy also puts title companies on notice that the City is not responsible for lien searches for which incorrect information is provided to the City. Additionally, the proposed resolution would incorporate a current practice of charging utility customers an additional $1.00 when a replacement bill is issued., Customers making pre-payments are not subject to the additional charge .' Page 5 - Council Meeting Minutes, May 24, 1993 3A COUNCIL MEETING MINUTES May 24, 1993 TAPE READING Councilor Figley questioned if the City was utilizing a disclaimer clause. She also suggested that the staff continue to monitor how much time is being spent on conducting lien searches. Attorney Shields stated that the intent of the proposed resolution is to formalize a procedure for staff members. He also cautioned the Council in that issuing a disclaimer does not always protect the City from potential liability. On roll call vote for final passage, Council Bill 1471 passed unanimously. Mayor Kelley declared the bill duly passed. 2154 COUNCIL BILL 1472 - RESOLUTION AUTHORIZING TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS. Councilor Hagenauer introduced Council Bill 1472. City Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. MaYOr Kelley declared Council Bill 1472 duly passed. 2187 COUNCIL BILL 1473 - RESOLUTION AUTHORIZING TERMINATION OF AN ICMA RETIREMENT CORPORATION TRUST AGREEMENT AND REPLACING IT WITH AN ICMA RETIREMENT CORPORATION ADMINISTRATIVE SERVICES AGREEMENT. Council Bill 1473 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. Administrator Childs briefly reviewed the letter from ICMA which was included in the Councilor's packets. The administrative services agreement only pertains to the Deferred Compensation Program (Section 457). It was noted that the there were no change in the administrative fees ($18.00 per year) which is charged to a participating employee's account. Councilor Jennings stated that he would have preferred to see the agreement, however, he did state that, according to the letter, the administrative services agreement would automatically go into effect following a 90-day period (July 15, 1993). On roll call vote for final passage, Council Bill 1473 passed unanimously. Mayor Kelley declared the bill duly passed. 244O COUNCIL BILL 1474 - ORDINANCE AUTHORIZING INSTALLATION OF A TRAFFIC SIGNAL AT THE KMART/BI-MART SHARED ACCESS TO HIGHWAY 214 AND COSTS OF IMPROVEMENT TO BE PAID THROUGH AN ASSESSMENT DISTRICT. Councilor Hagenauer introduced Council Bill 1474. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kelley declared Council Bill 1474 duly passed. Page 6 - Council Meeting Minutes, May 24, 1993 3A COUNCIL MEETING MINUTES May 24, 1993 TAPE .READING 2530 REQUEST FOR STREET CLOSURE - ALEXANDRA COURT. Chief Wright recommended approval of a request from residents of Alexandra Court to close the cul-de-sac on July 4th from 10:00 a.m. to 10:00 p.m. for the purpose of allowing the residents to have a neighborhood party. JENNINGS/FIGLEY .... the request to close the street on July 4th be granted. The motion passed unanimously. 2554 BID AWARD - CITY HALL REPAIRS. Administrator Childs advised the Council that the informal bid process was followed to obtain bids for repairing structural damage to the southeast exterior corner of City Hall. The Federal Emergency Management Agency (FEMA) will pay approximately 75% of the repair costs through a disaster recovery grant with the remaining portion to be paid by the City. Bids were solicited from three contractors of which only two contractors responded. Bids received were as follows: Whitehead Construction, 94,875.00; and Key Construction, 97,310.00. The staff recommended that the bid be awarded to Whitehead Construction so that repairs can be accomplished when funding becomes available. JENNINGS/FIGLEY... award the bid to Whitehead Construction in the amount of 94,875.00. The motion passed unanimously. 2602 APPROVAL OF SALARY STEP INCREASE FOR FINANCE DIRECTOR. 2685 Page 7- Administrator Childs recommended a salary step increase for Finance Director Gritta who is scheduled for advancement from Grade M-26.5 Step D to M-26.5 Step E. The increase would be effective May 1, 1993. JENNINGS/FIGLEY .... Administrator Childs recommendation to approve Finance Director Gritta's salary step increase be approved. The motion passed unanimously. FIRE PROTECTION SERVICE TO AGRIPAC INC. A memo from Public Works Manager Rohman advised the Council that Agripac Inc. has requested the City to provide water for fire protection to their new repackaging facility which is currently under construction. The building is located outside of the city limits but within the Urban Growth Boundary. Councilor Jennings questioned if the City might be able to pressure Agripac into consenting to annexing their facility into the City. Public Works Director Tiwari stated that staff has been discussing the annexation issue with Agripac staff members. It is the City staff's position that Agripac be a part of the City and not just the Urban Growth Boundary. City staff had proposed that Agripac make some commitment on this issue. A representative of Agripac will be taking the City's comments to their executive management and there is a possibility that a commitment on their part could be Council Meeting Minutes, May 24, 1993 3A COUNCIL MEETING MINUTES May 24, 1993 TAPE READING Tape 2 0018 forthcoming within the next two years. Director Tiwari stated that Agripac's demand for use of City utilities is limited since Agripac has their own treatment process and they do have some wells on their property. However, some city water is used during peak processing periods and Agripac is charged 1.5 times the inside city water service rate for any water used by their facility. Some discussion was held regarding annexation of the new construction site versus the entire property owned by Agripac, Inc.. JENNINGS/FIGLEY... Council advise the staff that our position is that Agripac should be annexed to the City as soon as possible. Public Works Director stated that the importance of developing an understanding with Agripac on the annexation issue will be conveyed to them since this water line extension issue has prompted it's consideration. On roll call vote, the motion passed unanimously. 0052 OFFICIAL ELECTION RESULTS - MAY 18TH SPECIAL ELECTION.. The official election results were as follows: Precinct YES NO. 124 (Ward I) 401 400 125 (Ward III) 133 140 126 (Ward II) 182 134 127 (Ward V) 413 377 128 (Ward I) 156 193 129 (Ward VI) 107 75 130 (Ward IV) 289 229 TOTALS 1,681 1,548 0097 UPDATE ON POST-EARTHQUAKE ASSISTANCE FROM FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA). Administrator Childs provided the Council with a status report on what city buildings were damaged from the March 25th earthquake and possible funding through FEMA. He stated that FEMA representatives had determined that smaller projects qualifying for funding included 1) repairs to City Hall parapet located in the southeast corner and replacement of a window in the Public Works office; 2) demolition of the existing Parks Dept. shop building upon completion of a new facility; 3) reimbursement for labor, materials, & equipment used to provide emergency response and recovery assistance during the next several days following the earthquake; 4) repair of the Community Center 'chimney; and 5) repair of the Library chimney, wall cracks, and floor cracks. Page 8 - Council Meeting Minutes, May 24, 1993 3A COUNCIL MEETING MINUTES May 24, 1993 TAPE READING 0443 1029 The larger projects qualifying for FEMA funding are 1) construction of a Parks Department shop building structure (estimated cost $51,463); and 2) repair of the Woodburn War Memorial Swimming Pool. Park Director Holly stated that the swimming pool did receive major damage from the earthquake. Last year, the pool lost about 4 inches of water daily, however, when the pool was recently filled, it had lost 21 inches within 24 hours which equates to about 1/3 of the pool. FEMA representatives requested the City to have a consultant to evaluate the situation and the report would be used to determine how much funding FEMA would provide. At this point in time, FEMA has agreed to 1) remove the existing deck, 2) repair the subsoils, 3) patch and resurface the existing pool which would provide a new pool surface, 4) replacing the recirculatory system with a new surge tank and new gutter system which would bring the pool to current Oregon code, 5) repair the baby pool, 6) make minor repairs the bathhouse, 7) replace the main drain line which runs into the storm drain line, and 8) to fund all related fees which includes architectural and consultants. The total of cost of the extensive repairs as tentatively agreed to by FEMA representatives is $250,797. In addition, FEMA has agreed as a separate project to fund emergency repairs in order to keep the pool open this summer in the amount of $4,789. Marion County has agreed to extend the swimming pool permit for this summer only with the temporary repairs. He also stated that the Pool Committee had recently met and are recommending that the repairs be made to the existing pool rather than constructing a new pool at a different site and receiving less funding assistance. The Pool Committee would then consider the construction of a new bathhouse and potential covering of the pool as a separate issue to be addressed in the future. After a lengthy discussion on current repairs and on future reconstruction and/or expansion of the pool, JENNINGS/FIGLEY .... authorize the repairs to the pool not to exceed $5,000 with 75% to be paid through FEMA funding. The motion passed unanimously. Councilor Figley stated that the consultant report did state that the pool is repairable as a cost effective measure even though it may not be what some people like to hear. She stated that the report was very informative and that the Pool Committee is willing to pursue all options addressed in the report. She suggested that the City follow the bid process to obtain engineering and consulting service proposals as soon as possible. Administrator Childs suggested that the Council wait until the next regular meeting to take any action on engineering and consulting services at which time th(~ staff will prepare a report for Council consideration. Page 9 - Council Meeting Minutes, May 24, 1993 COUNCIL MEETING MINUTES May 24, 1993 TAPE READING 1174 Mayor Kelley questioned Public Works Director Tiwari regarding the status of forming a committee to study the Pudding River basin wastewater issues. Public Works Director Tiwari stated that he has contacted other local communities regarding the study phase and has received a verbal okay from them. Clackamas County has advised the City that they want to be involved with the work scope. The staff has been working with the Mayor regarding the appointment of a committee and a proposal will be before the Council at their next meeting. The work scope has not been developed and the other communities have stated that they will pay their fair share of the study; 1267 Councilor Figley expressed her appreciation to those voters who supported the budget levy. She stated that those concern~ expressed by those individuals opposing the budget have been heard by the Council and there is always room for improvement. It is her intent to make Woodburn the most cost - effective/best run City in the State of Oregon. In regards to the swimming pool, she stated-that she did not want the federal money to be forfeited because the City neglected to get the plans together in order to rebuild the pool within the 18 month time frame. 1303 1346 Councilor Jennings requested that a Budget Committee meeting be called in the later part of June to discuss the budget with the understanding that no decisions will be made by the Committee. He felt that it was imperative that the Committee openly discuss their concerns before the 1994-95 budget document is prepared. Councilor Sifuentez expressed her enthusiasm regarding the swimming pool project and requested Council support of recommendations made by the Pool Committee. 1361 Administrator Childs commended Park Director Holly for compiling a immense amount of information on the swimming pool within a short' period of time. 1371 ADJOURNMENT. The meeting adjourned at 9:23 p.m.. APPROVED LEN KELLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 10 - Council Meeting Minutes, May 24, 1993 3B MINUTES PLANNING COMMISSION MEETING MAY 13, 1993 1) ROLL CALL: Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Staff Present: 2) MINUTES: Mr. Johnson Present Mrs. Warzynski Present Mrs. Henkes Present Mrs. Bjelland Present Mrs. Grijalva Absent Mr. Pugh Present Mr. Bauer Absent Mr. Stovall Present Steve Goeckritz, Community Development Director Teresa Engeldinger, City Planner Planning Commission minutes of April 13, 1993 were accepted as written. 3) BUSINESS FROM THE AUDIENCE: Jim Audritch, 16775 Butteville Rd. stated that he was interested in the Mt. Hood, Hwy 99E traffic signal, he would like to see a left turn lane signal on both streets not just Hwy 99E. 4) COMMUNICATIONS: None - Staff stated that the listed communication will be discussed in the Reports part of the hearing. 5) PUBLIC HEARINGS: Continuation of the Comprehensive Plan #92-02 - Transportation Plan Council President, Richard Jennings, opened the hearing stating that in the previous Planning Commission meeting he had stated that he was going to ask the Transportation Task Force to delete the funding source of the business license as alternative funding. They chose not to delete this funding source. The Task Force'-chose three interchange plans drawn up by Kittelson & Associates. The pcm5/13/93 SG:bw Task Force also came up with a recommendation for one of the three alternatives. Jennings stated that he hoped that the Commission would conclude the hearing and make a decision tonight so it could be forwarded to the Council for review. Howard Stien, Kittelson & Associates, stated that two things prompted this study. One was the new Transportation Rule and second, two proposed developments in the interchange area. He stated this study was developed to look at the long range needs of the interchange area of the community. He then discussed the five alternatives for the interchange area. Frank Tiwari, Public Works Director, stated that a C.I.P.(Capital Improvement Program) resolves current problems and prevents anticipated future problems. He stated that there have been some modifications to the original C.I.P. He stated that the projects had been affected by the Task Force's choice. He then discussed the modifications. He discussed the split diamond interchange that was recommended by the Task Force to the Planning Commission. He then discussed the south bypass. Randy Rohman, Public Works Program Manager, stated that there :.were four funding recommendations from the Task Force, that were brought up at the last meeting. The first was the TIF (Traffic Impact Fee), this is a transportation systems development charge allowed by state law. These funds can be used for construction of new roadways, reconstruction of existing roadways if it increases their capacity. The second funding source was the additional gasoline tax, a 2.9¢ a gallon increase to improve the transportation system. The third recommendation was to increase the Motel/Hotel tax from 6% to 7.5%. The intent was to maintain the current amount of revenue to the General Fund, any additional revenues over and above would go towards street improvements. The fourth recommendation was the Business Registration. The recommendation was that the current ordinance be modified to do four things. 1) dedicate the remainder of the receipts to transportation systems improvements. 2) charge $100.00 for commercial, industrial, multi-family (3 or more units)business. 3) to exclude single family rentals from the business registration. 4) increase the motel/hotel tax receipts that formerly went to the Chamber of Commerce as a part of that. The intent of the business registration portion was to do projects that improve safety and have high visiblity such as sidewalk projects that would increase safety and be a benefit to the business community. Chairperson Johnson ask Mr. Tiwari to go over the policy on paying for street improvements. Frank Tiwari discussed the policy on the paying for street improvements. pcm5/13/93 SG:bw Steve Goeckritz, Community Development Director, discussed the goals and policies of the Comprehensive Plan as they relate to transportation issues. Chairperson Johnson asked if there was anyone in the audience who wished to speak on this matter. Charlie Piper, 2625 Meadow Lane, stated that he was excited about the growth and improvement in Woodburn. He stated that he was concerned about the funding for this that fall upon the business community. He stated that the business community was not necessarily the ones who benefit from these improvements. Jerry Simonsen, 690 Filbert, stated that he was concerned about the increase in the business registration fee and receiving no benefits. Dean O'Donnald, owner of AM/PM on Newberg Hwy., stated that he was concerned about the method of funding the streets with the gasoline tax. Jose Castro, Oregon City, stated that he was concerned about increase in the business registration. Jane Kanz, Executive Director, Woodburn Chamber of Commerce, stated that at the last meeting she attended, Chairperson Johnson asked her to find out some information about what the businesses thought about the business registration. If they approved of the current one and if they approved of the increase. At this time she had received 18 letters and they all do not approve of the business registration. Mike Sherlock, Executive Director Oregon Gasoline Dealers Association, Eugene, stated that he was here to speak against the 2.9¢ gallon gas tax. He stated that in Woodburn there is already a 1¢ a gallon gas tax, this increase would bring it up to 3.9¢ a gallon tax. He stated that the biggest advantage he saw in this increase was that Woodbum would not have to worry about increased traffic because traffic would be going further south or north to purchase their gas. He stated that the local service station dealers would really be hurt if this funding source is approved. Linda Ruggle, 559 S. Settlemier, stated that she was opposed to the business registration being increased to $100.00. She stated that she has not seen any benefit from the current business registration fee. Jack Bigge, Al's Fruit and Shrub, stated that he was concerned with the increase in the business registration. He stated that he thought it should be based on the property tax. True businesses would have to pay the "lions share" but everyone would have to chip in. pcm5/13/93 SG:bw 3 Greg , Wolfer's Heating, and the Vice President of the Chamber of Commerce. He stated that he was asked to come to go over what was discussed at the board meeting last Wednesday. The Business community is getting upset with the current trends of City, State and Federal governments putting taxes on businesses in order to pass them. He felt that this was an unfair trend. He felt that all of Woodburn should be paying for these improvements. He felt that businesses should pay as to their size. Dennis Miller, 1010 Randolph, asked if the corner street vendors (transients) were required to pay for a business license. Staff answered that if the Code Enforcement Officer or Building Official see sub- contractors doing work in the City they inform these contractors that they must purchase a business license at City Hall. Barbara Lucas, 214 E. Clackamas Circle, stated that she was concerned about the funding sources that had been brought up at this meeting. Frank Tiwari addressed some of the concerns that the citizens had. Hestated that the type of business tax proposal is different from the other one. If there are more employees it would be different than if they were a small business. The Task Force did not address that fully. He stated that the Commission might want to modify that. The second is about the property tax. Yes, the option is there. With Measure 5, you might want to reconsider that as a funding source. The third and fourth question was from Mrs. Lucas about the one paper with 15 million and the other paper of 33 million dollars. He stated that 15 million was for a certain area and the 33 million was city wide. The fifth question was from Mrs. Lucas was regarding priority at this point. He stated that which ever project would have the maximum impact on the traffic problem. Priority 1 is the Country Club/Oregon Way alignment. Priority 2 is the widening of Hwy 214, I-5 to Cascade. Priority 3 is the signal and striping on the north bound interchange area. Priority 4 is the modification of the i-5 Interchange (split diamond). Priority 5 is the southwest bypass from Butteville to Boones Ferry. Priority 6 is Prairie Blvd. Commissioner Bjelland ask if a gas tax had to be voted in, and what is the dollar amount that the business registration raise. Staff stated that it would be a Council decision regarding the gas tax. The business registration dollar amount, is a best guess, $18,000 if the registration fee is not raised. If raised the business registration could generate $60,000. There was some discussion from the Chairperson regarding the business registration. pcmS/13/93 SG:bw 3B The public hearing was closed. Commissioner Pugh stated that as the city grows, the profits of the businesses would grow. Commissioner Warzynski commended the Transportation Task Force for their hard WOrk in planning the future transportation needs of the city. She felt that this proposal was a good one and she felt it should be recommended to City Council to approve as made. I. The I-5 Interchange Alternatives: Commissioner Pugh made the motion that the I-5 Interchange Alternative the split diamond be recommended to the Council. Commissioner Warzynski seconded the motion. A vote was taken and passed unanimously. II. Capital Improvement Program: Commissioner Warzynski made the motion to accept the 15 Capital Improvement Programs as presented by the Transportation Task Force with the possible changing of the order of priority projects as needed. Commissioner Pugh seconded the motion. A vote was taken and passed unanimously. III. Funding Sources: Commissioner Warzynski made the motion to accept the recommended four funding sources recommended by the Task Force to the City Council. Commissioner Bjelland seconded the motion. A roll call vote was taken. Warzynski Yes Henkes No Bjelland Yes Pugh No Stovall Yes pcmS/13/93 SG:bw IV. Motion passed 3 yes, 2 no. Goals and Polices: Commissioner Henkes made the motion that the Comprehensive Plan Goals and Policies be accepted. Commissioner Pugh seconded the motion. A vote was taken and motion passed unanimously. Commissioner Pugh made the motion to have the Task Force consider the possibility of an additional city property tax with the legality of Measure 5. Commissioner Warzynski seconded the motion. A vote was taken and motion passed unanimously. Chairperson Johnson informed the audience that this would be before the Council on May 24, 1993. 6) REPORTS: A. Neighborhood Association: pcmS/13/93 SG:bw Staff stated that the Comprehensive Plan would have additional language incorporated to recognize it under that goal Betty Pierce, 721 Oregon Way, stated that the Senior Estates Neighborhood Association (SENA) would like to enter into a contract with the City of Woodburn to designate their neighborhood as a safe haven within the City. The rest of her comments were addressed as to the meaning of a safe haven and what the Senior Estates Neighborhood Association wished. Senecal Estates Phase II. The developer wished to do a lot line adjustment to get the lot lines out of the wetlands area. Staff read a letter regarding this Proposal. This letter asked for a continuance on this matter until they could confer with their lawyer or the 'State Land Division. 3B 7) 8) Craig Munson, Oregon City, President of H&K Development, stated that he had contacted the Division of State Lands and they requested that they reconfigure the lots so they do not include any wetlands in any of the buildable lots. Staff stated that no action was needed on this. An administrative decision was made and approval was recommended with conditions listed in the staff report. C. Building Activity for April, 1993. D. Code Enforcement for April, 1993. Walker Subdivision Plat: Staff requested Commission Chairperson Johnson to sign. BUSINESS FROM THE COMMISSION: None ADJOURNMENT: There being no further business the Planning Commission meeting adjourned. pcmS/13/93 SG:bw CITY OF c270 Montgomery Street · we O D B URN Woodburn, Oregon 97071 · 982-5222 4A June 2, 1993 Woodburn City Council 270 Montgomery Street Woodburn, Oregon 97071 Enclosed is a copy of the resume of my appointee to Woodburn City Council, Ward I which was vacated by the resignation of Allen Amtzen. This appointment will become effective immediately upon approval of the Council at the June 14, 1993 meeting. If you have any questions, please feel free to contact me. Since~~ Len Kelley, Mayor City of Woodburn LK/kv cc: encl. Chris Childs, City Administrator Mary Tennant, City Recorder To: Mayor Len Kelley From: Bill Mitchell Date: May 24, 1993 Mayor Kelley: The following is information that you requested about me, but first I would like to convey to you Just how proud you have made me by even considering me for this position. Name; William Willard Mitchell Address; 3464 Jory Street Woodburn, Or. 97071 Age; 40 Marital Status; Married Number of Children; 1, 20 years of age, living at home Employer; Fleet Mortgage Corp. 700 N.E. Multnomah ~533 Portland, Or. 97232 Position; Internal Loan Officer Date of Hire; 12/91 Hobbies; Woodworking, Camping, Golf, Working around myhome In 1989, my wife Pat and myself purchased our property in Willowbrook Estates, knowing that when we did finally move from California, we would be moving to our FINAL home. We decided on Woodburn.because we had heard of Willowbrook, but what we did not hear about was the People and the Quality of life in Woodburn. I stress People and Quality of life as you can not have one without the other. We, Pat and I, started reading everything we could about Woodburn, and of course we had the Independan~ mailed to us in California, we read it front to back and then discussed what we had read, and agreed with (and dis agreed with) what was going on in our future home. One might look at the profile i~formation on me and.ask WHY.This person has no background in City Government. Well, this person has a VESTED interest in Woodburn and how it does, my interest only begins on Jory Street. I know that what happens on Hayes Street may very well effect me and my neighbors. I ask may questions, and I ask Why? I don!.t assume that someone knows something, I let people tell me that they understand, both the good and bad points, especially the bad points. Again, thank you for your consideration, William Willard Mitchell 8A MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Community Development Director Disposition of the Dangerous Building located at 237 N. Front St. (Bahai) Since the May 10, 1993 Council Hearing June 10, 1993 On April 26, 1993, a structural engineer's report was submitted to this office. The City Building Official found the recommendations to be appropriate and recommends the building owners make those repairs as outlined in the report. In conversations with Mr. Eriech Reich, representative for Bahai, we have been told they are having difficulty in securing a brick mason to do the needed repairs. Staff is continuing efforts to obtain a precise timeline from Bahai representatives. RECOMMENDATION: (Staff hopes to have a recommendation in this matter at the time of the June 14, 1993 hearing continuation.) 8B MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Community Development Director Disposition of the Dangerous Building located at 573 N. Front Street (Pool Hall) Since the May 10, 1993 Council Hearing June 10, 1993 The building owner has secured financing from the Small Business Administration to repair this structure. They have received approval for a loan in the amount of $20,000 with an opportunity to borrow up to $80,000 for repairs. The owner has submitted plans to the Building Official who has forwarded "them to Marion County for additional fire, life and safety review. It is anticipated the County review should be completed by mid June. It is the owners intent to then immediately proceed with reconstruction. The owners have in the interim removed loose bricks from the parapet and south wall of their building and have removed various furnishings and pool tables from the premises. Recommendation: Continue the hearing on this matter until July 12, 1993. Pool Ha11.693 -. SG:bw 8C MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Community Development Director Disposition of the Dangerous Building Located at 479 N. Front Street (Smart Shop) Since the May 10, 1993 Council Hearing. June 10, 1993 In our discussion with Mr. Dave Lindenmuth, owner of the structure, he conveyed to staff that he is waiting on the SBA to make its final determination on the disposition of his loan request. He has requested a loan of approximately $110,000 to cover the cost of rehabilitating his structure. " As you may recall, Mr. Lindenmuth has submitted an engineering report describing the damage. An engineering report that will detail the structural improvements required to make this structure habitable and safe is in progress. The owner has advised staff the structural plan will be forthcoming after the loan commitment has been finalized. The SBA has given preliminary loan approval as of June 9, 1993.. He would then submit his structural plans to the city and county for review. Recommendation' Continue the hearing until July 12, 1993. Smart Shop.693 SG:bw 8D MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Community Development Director Disposition of the Dangerous Building located at 591 N. Front St. (IOOF Lodge) since the May 10, 1993 Council hearing June 10, 1993 Betty Donnelly, representing the IOOF Lodge, submitted an in-depth structural engineer's report at the May 10, 1993 City Council hearing. This report was found to be acceptable to our Building Official. He has approved the recommended structural repairs. In a conversation on June 10, 1993 with Don Aljets of Aljets Construction it was conveyed to this office that he will be doing the renovation of this building and intends to proceed immediately with the removal of that portion of the parapet wall which poses a hazard and is of primary concern to the city. Mr. Aljets anticipates these repairs will take two to three days to accomplish. Recommendation: Continue the hearing until the City Council meeting of June 28, 1993. IOOF Lodge.693 SG:bw ~SE MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Community Development Director Disposition of the Dangerous Building located at 199 N. Front St. (Old Bank) since the May 10, 1993 Council hearing June 10, 1993 An engineer's report assessing the damage to the structure was filed prior to the May 10, 11993 Council hearing. However, no engineering report has been submitted that describes how structural repairs will be made to the building to make it safe and habitable. In discussion with a representative of Landmark Realty they stated they are in the process of attempting to sell the property. Nora Fives, owner of the building, initially approached the City Building Official prior to the May 10, 1993 Council hearing and obtained a Building/Demolition Permit to raze the structure. At the public hearing she requested additional time in which to sell the building. The City Council acknowledged Mrs. Fives request that if a prospective buyer could be found and the building could be renovated this would be a better option than having the structure razed. RECOMMENDATION: Based on lack of progress to date, we recommend that Council: (1) hear any additional testimony by the owner, (2) close the public hearing, and (3) direct staff, by motion, to prepare a resolution for presentation at the June 28, 1993 meeting declaring the structure to be a dangerous building and ordering it to be repaired or abated. 10A MEMO TO: FROM: MAYOR AND CITY COUNCIL N. ROBERT SHIELDS, CITY ATTORNE~ DATE: JUNE 10, 1993 RE: RETURN OF RESOLUTION 1180 BY MAYOR The Mayor returned Resolution No. 1180 to the City Council, with written objections, by depositing it with the City Recorder within the time required by the Woodburn City Charter. This resolution has been placed on the agenda for reconsideration and must again be voted upon. , If a majority vote of the incumbent members of the council is obtained (this would be four members if the Mayor's proposed council appointment is confirmed), the resolution passes over the Mayor's objections. If less than a majority is received, the resolution fails. NRS/kv CITY OF ,270 Montgomery Street WOODBU'RN Woodburn, Oregon 97071 · 982-5,2,2,2 May 28, 1993 10A Mary Tennant, City Recorder City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 Re: Council Bill No. 1471 Pursuant to Chapter V, Section 20 of the Woodburn City Charter, my decision is not to approve Council Bill No. 1471. Objection No. 1. As was clearly stated at the regular Council meeting on May 24, 1993 by the Finance Director, the city was not going to accept any responsibility for errors or mistakes made by the city on lien searches which city employee's made and issued. Therefore, why should a charge be made. Objection No. 2. For what purpose would a written request be needed? A person should be able to come into City Hall and request a computer printout by address and/or Tax I.D, number and be gone in a couple minutes. Therefore saving much expensive time, Objection No. 3. It appears ludicrous to charge for a replacement bill for water when the user can wait until the next bill comes out and avoid paying the current bill sooner. Objection No. 4. If the City is wishing to initiate a disclaimer of any kind in regard to any of the above, it appears to be just another tax. Obiecti0n No, 5, Why was a full-time person provided for in the 1993/94 budget in the Finance Department if another tax was to be created? LK/kv CC: Woodburn City Council Chris Childs, City Administrator 10A MEMO To: From: Re: Date: Mayor & City Council Nancy Gritta, Finance Director Lien Searches & Replacement Water Bills June 7, 1993 1. Working with the City Attorney, we have developed a form to be used by those requesting lien searches from the City. This form is designed to give the City and title companies the required information as well as streamlining our procedures. Title companies want a written document for their own protection and in fact usually have their own form. However, it has been our understanding that even thouqh a disclaimer might not completely protect us from liability, it is only prudent that we do everything possible to mitigate potential liability by including a disclaimer. Attached is the form we have developed in that regard. 2. The question was raised as to why we don't simply "print out" an answer to lien searches. This is not possible because of both the number of and the nature of the liens on property in Woodburn and the de-centralization this has required. Liens on property in Woodburn may include: housing re-habilitation loans, weed abatements, special assessments, sewer hook-up fees, and unpaid utility bills. In fact, Finance keeps computer listings which act as "tickler" files to be sure all liens are found. However, not all ori_~inate in Finance and when an accrued expense such as interest is involved an up-to-date payoff amount must be generated to get exact charges as of any date. The planning department calculates interest and payoff for housing re-habilitation loans and writes a letter when the loan is paid. On new developments, Finance contacts the Public Works department since lien searches may come to our office before Public Works has had time to forward paperwork concerning sewer hook-up fees. Finance accounts for special assessments and utility bills on two separate computer programs. But the primary nature of these programs is for billing rather than to provide lien amounts, especially to those unfamiliar with the programs, and up-to- date totals require specific access and/or understanding. IOA In actuality, many title companies prefer to save the time and trouble of dOing their own lien searches, Many cities have initiated fees to do the searches because title companies have requested them to do so. 3. In regards to the replacement of water bills--these cost the City money as do lien searches. Many of the people asking for them are doing so simply to avoid shut-off for non-payment. Therefore waiting until next month is not a viable alternative. Date of Inquiry CII ¥ OI- WUUUi:iUHN LIEN SEARCH Name of Prope. rty Owner: Tax Identification Number: Property Address (if applicable): Lot Description: Company and T~le Examiner: Escrow or Order Number: NATURE OF LIEN PAST DUE CURRENT PRINCIPAL INTEREST TOTAL 10A Signature(s) For City Date THIS LIEN SEARCH IS SUBJECT TO ALL CONDITIONS BELOW: Utility bills are a lien on this property. Before final closing of the real property transaction, please call 982-5218 for the exact amount of existing liens on the utilities bill and other accrued amounts. THE COST OF EACH CITY LIEN SEARCH IS $10.00, AND THE CITY'S TOTAL LIABILITY IN DAMAGES TO THE PARTY REQUESTING THE MEN SEARCH SHALL, IN NO EVENT, EXCEED THE $10.00 PAID TO THE CITY TO UNDERTAKE THE LIEN SEARCH. THE CiTY SHALL NOT BE LIABLE TO ANY THIRD PARTY FOR ANY AMOUNT REGARDLESS OF THE FORM OF CLAIM. BECAUSE OF VARIOUS FACTORS, SUCH AS TIME DELAYS BETWEEN DATE OF THIS LIEN SEARCH AND CLOSING, THIS LIEN SEARCH (INCLUDING ALL ITEMS LISTED ABOVE) IS INVALID UNLESS FOLLOWED UP BY A TELEPHONE CALL PRIOR TO CLOSING, TO RECONFIRM OR ADJUST THE AMOUNT OF THE LIEN(s) INDICATED ABOVE. THE BURDEN OF PROOF AS TO WHETHER THE LIEN AMOUNTS WERE REQUESTED AND IN WHAT AMOUNT, SHALL BE ON THE COMPANY OR pERSON REQUESTING THE INFORMATION FROM THE CITY. If you wish to do your own lien search of City records, records are available for your inspection during regular business hours, pursuant to ORS 192.420 through 192.440, at a minimum cost of $15.00. · I request a lien'`search on the above-referenced property subject to all conditions listed above. Authorized Signature Date IOA MEMO DATE: TO: FROM: RE: MAY 18, 1993 CITY COUNCIL THOROUGH THE CITY ADMINISTRATOR NANCY GRITTA, FINANCE DIRECTOR LIEN SEARCHES The number of requests we are receiving from title companies requesting lien searches has increased dramatically in the last two years. This is taking more and more of employees' time. In the past we have done this totally without charge. It no longer is financially prudent, given the time involved, to continue to provide this service free of charge. The amount charged for this service varies from jurisdiction to jurisdiction. We suggest that a fee of $10 be incorporated as part of a general policy expressed in the ordinance which is part of this packet. Also included will be a $1 fee which we have been charging since February 18, 1992, for replacement water/sewer bills for customers who have lost their bill. IOA CITY OF WOODBURN LIEN SEARCH AND WATER/SEWER BILL REPLACEMENT POLICY Persons requesting lien searches for the city shall make requests in writing to the Finance Department of the city of Woodburn. Request for lien searches shall provide the following: address of the property in question, owner of the property, tax I.D. number of the property, known liens on the property, person requesting lien search, and phone number of person requesting line search. The city shall not be responsible for lien searches for which incorrect information is provided. Requests for lien searches shall be accompanied by a ~10.00 fee and a self- addressed, stamped envelope. Information about liens will not be given over the phone with the exception of updates on water/sewer bills for which a written response has previously been issued or liens for which interest accrues until the day of payoff and the city has indicated, "Call for final pay-off amount", on apr. eviously written response. Any written lien search shall be considered invalid if action has not been taken on the property within 6 weeks of the date of the search. Water/sewer customers for whom replacement bills must be produced shall be charged $1. This fee will not be charged for customers making pre-payments on their accounts. IOA ' COUNCIL BILL NO. 1471 RESOLUTION NO. 1180 A RESOLUTION ESTABLISHING A LIEN SEARCH POLICY AND IMPLEMENTING ADMINISTRATIVE FEES. WHEREAS, numerous requests are submitted for city lien searches and replacement water and sewer bills; and WHEREAS, the city incurs administrative costs in providing these services; and WHEREAS, the Council finds that persons requesting such services should pay a portion of the costs incurred; NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the attached policy regarding lien searches and water and sewer bill replacement is hereby adopted by the city. Section 2. That administrative fees of $10.00 for a lien search and 91.00 for the creation of a replacement water and sewer bill are hereby implemented. / Approved as to form: ~; .~-/"~' ~/~'~ / City Attorney Dat~ ~ APPROVED: Len Kelley, Mayor Passed by the Council May 24, 1993 Submitted to the Mayor May 24~ 1993 Approved by the Mayor Returned tb cit~,'Recorder - May 28, 1993 Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page I - COUNCIL BILL NO. 1471 RESOLUTION NO. 1180 MEMO TO: FROM: DATE: RE: MAYOR AND CITY COUNCIL N. ROBERT SHIELDS, CITY ATTORNEY~ JUNE 10, 1993 RETURN OF RESOLUTION 1182 BY MAYOR The Mayor returned Resolution No. 1182 to the City Council, with written objections, by depositing it with the City Recorder within the time required by the Woodburn City Charter. This resolution has been placed on the agenda for reconsideration and must again be voted upon. If a majority vote of the incumbent members of the council is obtained (this :would be four members once the Mayor's proposed council appointment is confirmed), the resolution passes over the Mayor's objections. If less than a majority is received, the resolution fails. NRS/kv CI ?Y OF c270 Montgomery Street · WO 0 D B URN Woodburn, Oregon 97071 · 98c2-52c2c2 May 28, 1993 lOB Mary Tennant, City Recorder City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 Re: Council Bill No. 1473 ::: Pursuant to Chapter V, Section 20 of the City of Woodburn Charter, my decision is to not approve Council Bill No. 1473. Obiecti0n No. 1. Insufficient information in the City Council packet of May 24, 1993 meeting. Obiection NO. 2. A need for a complete text of the Agreement that was authored by I.C.M.A. to Christopher Childs, City of Woodburn, dated 4/1§/93/ To be included in the Mayor and Councilors packet for the June 14, 1993 regular Council meeting. Obiection No. 3. A need for a detailed dollar amount to be included as to the administrative services costs for the old and proposed agreement. Obiection NO. 4. An intelligent decision can be made only after receiving and reviewing the above documents. Respectfully, Mayor Len Kelley LK/kv CC: Woodburn City Council Chris Childs, City Administrator MEMO TO: THROUGH: FROM : DATE : SUBJECT: Mayor and Council City Administrator Childs Mary Tennant, City Recorder 2'~ June 9, 1993 ICMA Administrative Services Agreement In 1972, the City of Woodburn contracted with the International City Manager's Association (ICMA) for a deferred compensation program as allowed for under Section 457 of the internal revenue code. The ICMA Retirement Corporation has administered the plan since the inception of the program. In 1983, ICMA formed a Trust which, in turn, contracted with the ICMA Retirement Corporation to continue the administration of the Plan. A copy of this agreement is attached your information. As stated in the April 15th letter from ICMA Retirement Corporation, they have prepared a new Administrative Services Agreement which addresses not only standard legal issues but updates language on the services provided and sets a definitive fee schedule. The ICMA Trust pays ICMA Retirement Corporation .9% per annum of plan assets invested in the Trust for plan administration services. In addition, each participant pays $18.00.per year as an account maintenance fee. This fee has been in place for several years and is deducted from the employee's account on January I of each year. As also stated in this letter, if the City elects not to sign the agreement and continues to receive employee contributions, then the Retirement Corporation will interpret the action as acceptance on the part of the City. The ICMA Retirement Trust is still in effect as adopted in 1983. The ICMA Retirement Corporation Administrative Services Agreement only replaces the Trust Agreement with the Corporation which was adopted at the same time as the creation of the ICMA Trust. ADOPTED, 9/26/83 TRUST AGREEMENT WITH THE ICMA RETIREMENT CORPORATION AGREEMENT made by and between the Employer named in the attached resolution and the International City Management Association Retirement Corporation (hereinafter the "Trustee" or "Retirement Corporation"). a nonprofit corporation organized and existing under the laws of the State of Delaware, for the purpose of investing and otherwise administering the funds set aside by Employers in connection with deferred compensation plans established under section 457 of the Internal Revenue Code of 1954 (the"Code"). This Agreement shall take effect upon acceptance by the Trustee of its appointment by the Employer to serve as Trustee in accordance herewith as set forth in the attached resolution. WHEREAS, the Employer has established adeferred compensation plan under section 457 of the Code (the "Plan"); WHEREAS. in order that there will be sufficient funds available to discharge the Employer's contractual obligations under the Plan, the Employer desires to set aside periodically amounts equal to the amount of compensation deferred; WHEREAS, the funds set aside, together with any and all assets derived from the investment thereof, are to be exclusively within the dominion, control, and ownership of the Employer, and subject to the Employer's absolute right of withdrawal, no employees having any interest whatsoever therein; NOW, THEREFORE. this Agreement witnesseth that (a) the Employer will pay monies to the Trustee to be placed in deferred compensation accounts for the Employer; (b) the Trustee covenants that it will hold said sums. and any other funds which it may receive hereunder, in trust for the uses and purposes and upon the terms and conditions hereinafter stated; and (c) the parties hereto agree as follows: ARTICLE I. General Duties of the Parties. Section 1.1. General Duty of the Employer. The Employer shall make regular periodic payments equal to the amounts of its employees' compensation which are deferred in accordance with the terms and conditions of the Plan to the extent that such amounts are to be invested under the Trust. Section 1.2. General Duties of the Trustee. The Trustee shall hold all funds received by it hereunder, which, together with the income therefrom, shall' constitute the Trust Funds. It shall administer the Trust Funds, collect the income thereof, and make payments therefrom, all as hereinafter provided. The Trustee shall also hold all Trust Funds which are transferred to it as successor Trustee by the Employer from existing deferred compensation arrangements with its Employees under plans described in section 457 of the Code. Such Trust Funds shall be subject to all of the terms and provisions of this Agreement. ARTICLE II. Powers and Duties of the Trustee in Investment, Administration, and Disbursement of the Trust Funds. section 2.1. Investment Powers and Duties of the Trustee. The Trustee shall have the power to invest and reinvest the principal and income of the Trust Funds and keep the Trust Funds invested, without distinction between principal and income, in securities or in other property, real or personal, wher. ever situated, including, but not limited to, stocks, common or preferred, bonds, retirement annuity and insurance policies, mortgages, and other evidences of indebtedness or ownership, investment companies, common or group trust funds, or separate and different types of funds (including equity, fixed income) which fulfill requirements of state and local governmental laws, provided, however, that the Employer may direct investment by the Trustee among available investment alternatives in such proportions as the Employer authorizes in connection with its deferred compensation agreements with its employees. For these purposes, these Trust Funds may be commingled with Trust Funds set aside by other Employers pursuant to the terms of the ICMA Retirement Trust. Investment powers vested in the Trustee by the Section may be delegated by the Trustee to any bank. insurance or trust company, or any investment advisor, manager or agent selected by it. Section 2.2. Administrative Powers of the Trustee. The Trustee shall have the power in its discretion: (a) To purchase, or subscribe for. any securities or other properly and to retain the same in trust. (b) To sell, exchange, convey, transfer or otherwise dispose of any securities or other property held b~'it, by private contract, or at public auction. No person dealing with the Trustee shall be bound to see the application of the purchase money or to inquire into the validity, expediency, or propriety of any such sale or other disposition. (c) To vote upon any stocks, bonds, or other securities; to give general or special proxies or powers of attorney with or without power of substitution; to exercise any conversion privileges, subscription rights, or other options, and to make any payments incidental thereto; to oppose, or to consent to, or otherwise participate in, corporate reorganizations or other changes affecting corporate securities, and to delegate discretionary powers, and to pay any assessments or charges in connection therewith; and generally to exercise any of the powers of an owner with respect to stocks, bonds, securities or other property held as part of the Trust Funds. (d) TO cause any securities or other property held as part of the Trust Funds to be registered in its own name, and to hold any investments in bearer form, but the books and records of the Trustee shall at all times show that all such investments area part of the Trust Funds. (e) To borrow or raise money for the purpose of the Trust in such amount, and upon such terms and conditions, as the Trustee shall deem advisable; and, for any sum so borrowed, to issue its promissory note as Trustee, and to secure the repayment thereof by pledging all, or any part, of the Trust Funds. No person lending money to the Trustee shall be bound to see the application of the money lent or to inquire into its validity, expediency or propriety of any such borrowing.' (f) To keep such portion of the Trust Funds in cash or cash balances as the Trustee, from time to time, may deem to be in the best interest of the Trust created hereby, without liability for interest thereon. (g) To accept and retain for such time as it may deem advisable any securities or other property received or acquired by it as Trustee hereunder, whether or not such securities or other property would normally be purchased as investment hereunder. (h) To make, execute, acknowledge,, and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted. (i) To settle, compromise, or submit to arbitration any claims, debts, or damages due or owing to or from the Trust Funds; to commence or defend suits or legal or administrative proceedings; and to represent the Trust Funds in all suits and legal and administrative proceedings. (j) To do all such acts, take all such proceedings, and exercise all such rights and privileges, although not specifically mentioned herein, as the Trustee may deem necessary to administer the Trust Funds and to carry out the purposes of this Trust. Section 2.3. Distributions from the Trust Funds. The Employer hereby appoints the Trustee as its agent for the purpose of making distributions from the Trust Funds. In this regard the terms and conditions set forth in the Plan are to guide and control the Trustee's power. Section 2.4. Valuation of Trust Funds. At least once a year as of Valuation Dates designated by the Trustee, the Trustee shall determine the value of the Trust Funds. Assets of the Trust Funds shall be valued at their market values at the close of business on the Valuation Date, or, in the absence of readily ascertainable market values as the Trustee shall determine, in accordance with methods consistently followed and uniformly applied. ARTICLE III. For Protection of Trustee. Section 3.1. Evidence of Action by Employer. The Trustee may rely upon any certificate, notice or direction purporting to have been signed on behalf of the Employer which the Trustee believes to have been signed by a duly designated official of the Employer. No communication shall be binding upon any of the Trust Funds or Trustee until they are received by the Trustee. Section 3.2. Advice of Counsel. The Trustee may consult with any legal counsel with respect to the construction of this Agreement, its duties hereunder, or any act, which it proposes to take or omit, and shall not be liable for any action taken or omitted in good faith pursuant to such advice. Section 3.3. Miscellaneous. The Trustee shall use ordinary care and reasonable diligence, but shall not be liable for any mistake of judgment or other action taken in good faith. The Trustee shall not be liable for any loss sustained by the Trust Funds by reasons of any investment made in good faith and in accordance with the provisions of this Agreement. The Trustee's duties and obligations shall be limited to those expressly imposed upon it by this Agreement. ARTICLE IV. Taxes, Expenses and Compensation of Trustee. Section 4.1. Taxes. The Trustee shall deduct from and charge again, st the Trust Funds any taxes on the Trust Funds or the income thereof or which the Trustee is required to pay with respect to the interest of any person therein. Section 4.2. Expenses. The Trustee shall deduct from and charge against the Trust Funds all reasonable expenses incurred by the Trustee in the administration of the Trust Funds, including counsel, agency, investment advisory, and other necessary fees. ARTICLE V. Settlement of Accounts. The Trustee shall keep accurate and detailed accounts of all investments, receipts, disbursements, and other transactions hereunder. Within ninety (90) days after the close of each fiscal year, the Trustee shall render in duplicate to the Employer an account of its acts and transactions as Trustee hereunder. If any part of the Trust Fund shall be invested through the medium of any common, collective or commingled Trust Funds, the last annual report of such Trust Funds shall be submitted with and incorporated in the account. If within ninety (90) days after the mailing of the account or any amended account the Employer has not filed with the Trustee notice of any objection to any act or transaction of the Trustee, the account or amended account shall become~n account stated. If any objection has been filed, and if the Employer is satisfied that it should be withdrawn or if the account is adjusted to the Employer's satisfaction, the Employer shall in writing filed with the Trustee signify approval of the account and it shall become an account stated. 1OB - When an account becomes an account stated, such account shall be finally settled, and the Trustee shall be completely discharged and released, as if such account had been settled and allowed by a judgment or decree of a court of competent jurisdiction inan action or proceeding in which the Trustee and the Employer were parties. The Trustee shall have the right to apply at any time to a court of competent jurisdiction for the judicial settlement of its account. ARTICLE VI. Resignation and Removal of Trustee, Section 6,1. Resignation of Trustee. The Trustee may resign at any time by filing with the Employer its written resignation. Such resignation shall take effect sixty (60) days from the date of such filing and upon appointment of a successor pursuant to Section 6.3., whichever shall first occur. Section 6.2. Removal of Trustee. The Employer may remove the Trustee at any time by delivering to the Trustee a written notice of its removal and an appointment of a successor pursuant to Section 6.3. Such removal shall not take effect prior to sixty (60) days from such delivery unless the Trustee agrees to an earlier effective date. Section 6.3. Appointment of Successor Trustee, The appointment of a successor to the Trustee shall take effect upon the delivery to the Trustee of (a) an instrument in writing executed by the Employer appointing such successor, and exonerating such successor from liability for the acts and omissions of its predecessor, and (b) an acceptance in writing, executed by such successor. All of the provisions set forth herein with respect to the Trustee shall relate to each successor with the same force, and effect as if such successor had been originally named as Trust.ee hereunder. If a successor is not appointed with sixty (60) days after the Trustee gives notice of its resignation pursuant tO Section 6.1., the Trustee may apply to any court of competent jurisdiction for appointment of a successor. Section 6.4. Transfer of Funds to Successor. Upon the resignation or removal of the Trustee and appointment of a successor, and after the final account of the Trustee has been properly settled, the Trustee shall transfer and deliver any of the Trust Funds involved to such successor. ARTICLE VII. Duration and Revocation of Trust Agreement. Section 7.1. Duration and Revocation. This Trust shall continue for such time as may be necessary to accomplish the purpose for which it was created but may be terminated or revoked at any time by the Employer as it relates to any and/or all related participating Employees. Written notice of such termination or revocation shall be given to the Trustee by the Employer. Upon termination or revocation of the Trust, all of the assets thereof shall return to and revert to the Employer. Termination of this Trust shall not, however, relieve the Employer of the Employer's continuing obligation to pay deferred compensation to Employees in accordance with the terms of the Plan. Section 7.2. Amendment. The Employer shall have the right to amend this Agreement in whole and in part but only with the Trustee's written consent. Any such amendment shall become effective upon (a) delivery to the Trustee of a written instrument of amendment, and (b) the endorsement by the Trustee on such instrument of its consent thereto. ARTICLE VIII. Miscellaneous. Section 8.1. Laws of the District of Columbia to Govern. This Agreement and the Trust hereby created shall be construed and regulated by the laws of the District of Columbia. Section 8.2. Successor Employers. The "Employer"shall include any person who succeeds the Employer and who thereby becomes subject to the obligations of the Employer under the Plan. Section 8.3. Withdrawals. The Employer may, at any time, and from time to time, withdraw a portion or all of Trust Funds created by this Agreement. Section 8.4. Gender and Number. The masculine includes the feminine and the singular includes the plural unless the context requires another meaning. ICMA RETIREMENT CORPORATION April 15, 1993 Christopher Childs City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071-4730 RE: 0007 Corporate Headquarters Suite 600 777 North Capitol Street, NE Washington, DC 20002-4240 (202) 962-4600 Toll-Free (800) Dear Christopher Childs: At the beginning of our relationship, the ICMA Retirement Corporation ("RC") and the City of Woodburn entered into an agreement entitled "Trust Agreement with the ICMA Retirement Corporation" (also known as Appendix C) with the Retirement Corporation. That agreement only refers in a very general way to the administratove services to be provided by RC and the fees to be paid for those services, and it does not provide an accurate portrayal of our current relationship. To illustrate, the ICMA Retirement Trust currently consists of $2.4 billion in total assets, and that figure represents the pooled monies of approximately 145,000 local government employees. This is a significant increase over the $459,000 managed by RC for 285 participants in 1972. With the growth of the- Retirement Trust, the services RC provides for administration of your deferred compensation plan have also grown. The administrative services we now provide include: * Educating and enrolling participants; * Maintaining employer accounts and employee subaccounts, and associated records; * Crediting employer contributions to employee accounts; * Reporting investment activity and account information to the employers and employees on a quarterly basis; * Providing information about various features of deferred compensation plans on a regular basis; * Paying benefits and handling related tax reporting. Consequently, the "Trust Agreement" we initially entered into does not describe the services RC provides in sufficient detail. As a result, we have prepared a new Administrative Services Agreement, two copies of which have been signed by RC and enclosed. We believe the lOB ICMA-RC Services, Inc. Member NASD and SIPC. is a wholly owned broker-dealer subsidiary o! the ICMA Retirement Corporation Administrative Services Agreement provides a more accurate and up-to-date description of the existing relationship between you and RC. We propose that the City of Woodburn and RC enter into the Administrative Services Agreement to replace the "Trust Agreement with the ICMA Retirement Corporation". Upon your acceptance of the Administrative Services Agreement, that substitution will occur. The Administrative' Services Agreement is not intended to affect in any way the investments of your deferred compensation plan or the benefits payable under the plan. Nor is it intended to change in any way the services actually provided by RC, or the fees actually charged by RC with respect to the administration of the plan. Please sign each of the enclosed copies of the Agreement. Return one copy to RC using the enclosed return envelope, and keep one copy for your records. If we do not hear from you, and RC does not receive a signed Agreement within 90 calendar days of your receipt of this letter, and the Trust conti, nues to receive plan contributions, RC will interpret those actions as acceptance of the terms of the Agreement after the expiration of the 90-day period. If you have any questions regarding.the Administrative Services Agreement, please call Chris Baker of our Client Services division at {202) 962-8076, or call my Legal Assistant, Jan Feldman, at {202}962-4677. Since~,ely, House Counsel Enclosures: Administrative Services Agreement (2 copies) Return Envelope lOB COUNCIL BILL NO. 1473 RESOLUTION NO. 1182 A RESOLUTION TERMINATING A TRUST AGREEMENT WITH THE ICMA RETIREMENT CORPORATION AND AUTHORIZING THE MAYOR TO SIGN AN ADMINISTRATIVE SERVICES AGREEMENT REPLACING SAID TRUST. WHEREAS, the City maintains a deferred compensation plan for its employees which is administered by the ICMA Retirement Corporation; and WHEREAS, the City originally entered into an agreement with ICMA entitled "Trust Agreement with the ICMA Retirement Corporation", and WHEREAS, it is in the interest of ICMA and the City to replace the "Trust Agreement with the ICMA Retirement Corporation" with an administrative services agreement which is more accurate in describing the existing relationship between the City and ICMA; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the Council finds that it is in the City's interest to replace the "Trust Agreement with the ICMA Retirement Corporation" with a more current administrative services agreement. Section 2. That the Mayor is authorized to sign, on behalf of the City, the administrative services agreement, a copy of which is attached hereto and, by this reference incorporatedi''-~.herein' ,.. / / / Approved as to ,org: v/,~' ~;~,...~~2~ ,~ ~ ? '-~ City Attorney Dar APPROVED: Len Kelley, Mayor Passed by the Council Hay 24, 1993 Submitted to the Mayor Approved by the Mayor May 24~ 1993 Returned to Ci!ty,"Recorder - May 28~ 1993 Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder CitY of Woodburn, Oregon Page I - COUNCIL BILL NO. 1473 RESOLUTION NO. 1182 ICMA RETIREMENT CORPORATION lOB ADMINISTRATIVE SERVICES AGREEMENT Type: 457 Account Number: 0007 ICMA RETIREMENT CORPORATION Plan # 0007 ADMINISTRATIVE SERVICES AGREEMENT This Agreementj made as of the day of 199 ,(herein referred to as the "Inception Date"), between The International City Management Association Retirement Corporation ("RC"), a nonprofit corporation organized and existing under the laws of the State of Delaware; and the City of Woodburn ("Employer"}, a{n) City organized and existing under the laws of the State of Oregon with an office at 270 Montgomery Street,Woodburn, Oregon, g7071-4730. Recital s m Employer acts as a public plan sponsor for a retirement plan ~"Plan"l with responsibility, to obtain investment alternatives and services rot employees participating in that Plan; The ICMA Retirement Trust (the "Trust") is a common law trust governed by an elected Board of Trustees for the commingled investment of retirement funds held by state and local governmental units for their · employees; RC acts as investment adviser to the Trust; RC has designed, and the Trust offers, a series of separate funds (the "Funds") for the investment of plan assets as referenced in the Trust principal disclosure document, "Making Sound Investment Decisions: A Retirement Investment Guide". The Funds are available only to public employers and only through the Trust. In addition to serving as investment adviser to the Trust, RC provides a complete offering of services to public employers for the operation of employee retirement plans including, but not limited to, communications concernin~ investment alternatives, account maintenance, account record- keeping, investment and tax reporting, form processing, benefit disbursement and asset management, m -2- ICMA RETIREMENT CORPORATION lOB Plan # 0007 Agreements 1. Appointment of RC Employer hereby designates RC as Administrator of the Plan to perform all non-discretionary functions necessary for the administration of the Plan with respect to assets in the Plan deposited with the Trust. The functions to be performed by RC include: (a) allocation in accordance with participant direction of individual accounts to investment Funds offered by the Trust; (b) maintenance of individual accounts for participants reflecting amounts deferred, income, gain, or loss credited, and amounts disbursed as benefits; of(C)eth provision of periodic reports to the Employer"and participants status of Plan investments and individual accounts;  d~ communication to participants of information regarding their rights an lections under the Plan; and (e) disbursement of benefits as agent for the Employer in accordance with terms of the Plan. Replacement of Employer Trust RC and Employer are parties to a Trust Agreement entitled "Trust Agreement with the ICMA Retirement Corporation" (the "Employer Trust") for the administration of the Plan. The Employer hereby terminates the Employer Trust (not the Declaratibn of Trust of ICMA Retirement Trust) intending that this Administrative Services Agreement evidence the understandings between RC and the Employer with respect to the matters covered by it. Employer continues to be a party to the Declaration of Trust of the ICMA Retirement Trust and agrees that operation of the Plan and investment, management and disbursement of amounts deposited in the Trust shall be subject to the Declaration of Trust, as it may be amended from time to time and shall also be subject to terms and conditions set forth in disclosure documents (such as the Retirement Investment Guide or Employer Bulletins) as those terms and conditions may be adjusted from time to time. 3. Employer Duty to Furnish Information Employer agrees to furnish to RC on a timely basis such information as is necessary for RC to carry out its responsibilities as Administrator of the Plan, including information needed to allocate individual -3 ICMA RETIREMENT CORPORATION lOB Plan # 0007 participant accounts to Funds in the Trust, and information as to the employment status of participants, and participant ages, addresses and other identifying information (including tax identification numbers). RC shall be entitled to rely upon the accuracy of any information that is f?nished to it by a responsible official of the' Employer or any information relating to an individual participant or beneficiary that is furnished by such participant or beneficiary, and RC shall not be responsible for any error arising from its reliance on such information. If within ninety (90) days after the mailing of any report, statement or accounting to the Employer or a participant, the Employer or participant has not notified RC in writing of any error or objection, such report, statement, or accounting shall be deemed to have been accepted by the Employer and the participants. 4. Certain Representations, Warranties, and Covenants RC represents and warrants to Employer that: (a) RC is a non-profit corporation with full power and authority to enter into this Agreement and to perform its obligations under this Agreement. The ability of RC to serve as investment adviser'to the Trust is dependent upon the continued willingness of the Trust for RC to serve in that capacity. (b) RC is an investment adviser registered as such with the Securities and Exchange Commission under the Investment Advisers Act of 1940, as amended. ICMA- RC Services, Inc. {a wholly owned subsidiary of RC} is registered as a broker-dealer with t~e Securities and Exchange Commission (SEC) and is a member in good standing of the National Association of Securities Dealers, Inc. - RC covenants with employer that: (c) RC shall maintain and administer the Plan in compliance with the requirements for eligible deferred compensation plans under Section 457 of the Internal Revenue Code; provided, however, RC shall not be responsible for the eligible status of the Plan in the event that the Employer directs RC to administer the Plan or disburse assets in a manner inconsistent with the requirements of Section 457 or otherwise causes the Plan not to be carried out in accordance with its terms; provided, further, that if the plan document used by the Employer contains terms that differ from the terms of RC's standardized plan document, RC shall not be ~e~onsibl? for the.pligible status of the Plan to the extent affected by the oittering terms in the Employer's plan document. Employer represents and warrants to RC that: - . (d) Employer. is organized in, the form and manner recited in the opening paragraph of this Agreement with full power and authority to enter into and perform its obligations under this Agreement .and to act for the Plan ICMA RETIREMENT CORPORATION lOB Plan # 0007 and participants in the manner contemplated in this Agreement. Execution, delivery, and performance-of this Agreement will not conflict with 'any law, rule, regulation or contract by which the Employer is bound or to which it is a party. Participation in Certain Proceedings The Employer hereby authorizes RC to act as agent, to appear on its behalf, and to join the Employer as a necessary party in all legal proceedings involving the garnishment of benefits or the transfer of benefits ursuant to the divorce or separation of participants in the Employer Plan. he Employer consents to the disbursement by RC of benefits that have been garnished or transferred to a former spouse, spouse or child pursuant to a domestic relations order. 6. Compensation and Payment (a) Plan Administration Fee. The amount to be paid for plan administration services under this Agreement shall be 0.9% per annum of the amount of Plan assets invested in the Trust. Such fee shall be c6mputed and paid at the end of each month on plan assets in the Trust at that time. (b) Account Maintenance F~e. There shall be an annual account maintenance fee of $18.00. The account maintenance fee is payable in full on January I of each year on each account in existence on that date. For accounts established after January 1, the fee is payable on the first day of the calendar quarter following establishment and is prorated by reference to the number of calendar quarters remaining on the day of payment. (c) Compensation for Advisory Services to the Trust. Employer acknowledges that in addition to amounts payable under this Agreement, RC receives fees from the Trust for investment advisory services furnished to the Trust. (d) Payment Procedures. All payments to RC pursuant to this Section 6 shai1 paid out of the Plan Assets held by the Trust and shall be paid by the Trust. The amount of Plan Assets held in the Trust shall be adjusted by the Trust as required to reflect such payments. 7. Custody Employer understands that amounts invested in the Trust are to be remitted directly to the Trust in accordance with instructions rovided to Employer by RC and are not to be remitted to RC. In the event tha~ any check or wire transfer is incorrectly labelled or transferred to RC, RC is authorized, acting on behalf of the transferor, to transfer such check or wire transfer to the Trust. -5 ICMA RETIREMENT CORPORATION lOB Plan # 0007 8. Responsibility RC shall not be responsible for any acts or omissions of any person other than RC in connection with the administration or operation of the Plan. 9. Term This Agreement may be terminated without penalty by either party on sixty days advance notice in writing to the other. 10. Amendments and Adjustments (a) This Agreement may not be amended except by written instrument signed by the parties. {b) The parties agree that compensation for services under this Agreement and administrative and operational arrangements may be adjusted as follows: RC may propose an adjustment by written notice to the Employer given at least 60 days before the effective date of the adjustment and the notice may appear in disclosure documents such as Employer Bulletins and the Retirement Investment Guide. Such adjustment shall become effective unless, with!n the 60 day period before the effective date the Employer notifies RC in writing that it does not accept such adjustment, in which event RC shall be under no obligation to provide services under this Agreement. (c) No failure to exercise and no delay in exercising any. right, remedy, power or privilege hereunder shall operate as a waiver of such right, remedy, power or privilege.. 11. Notices All notices required to be delivered under this Agreement shall be delivered personally or by registered or certified mail, postage prepaid, return receipt requested, to (i) RC at 777 North Capitol Street, N.E., Suite 600, Washington, D.C, 20002-4240; (ii) Employer at the office set forth in 'the first paragraph hereof, or to any other address designated by the party to receive the same by written notice similarly given. 12. Complete Agreement This Agreement shall constitute the sole agreement between RC and EmploYer relating to the object of this Agreement and correctly sets forth the complete rights, duties and obligations of each party to the other as of its date. Any prior agreements, promises, negotiations or representations, verbal or otherwise, not expressly set forth ~n this Agreement are of no force -6- RETIREMENT ] OB CORPORATION Plan # 0007 and effect. 13. Governing Law This'agreement shall be goyerned by and construed in accordance with the laws of the State of Oregon applicable to contracts made in that jurisdiction without reference to its conflicts of laws provisions. In Witness Whereof, the parties hereto have executed this Agreement as of the inception Date first above written. CITY OF WOODBURN by: Signature/Date Len Kelley, Mayor Name and litle (Please Print). INTERNATIONAL CITY MANAGEMENT ASSOK, IATION RETIJEMENT CORPORATION Steph~n Wm. Nordholt/Date Corporate Secretary -7- MEMO TO: Mayor and City Council FROM: Chris Childs, City Administrator City Attorney Contract Renewal June 10, 1993 SUBJ.: DATE: RECOMMENDATION: Approve accompanying Resolution Authorizing Contractual Services Agreement with N. Robert Shields as City Attorney. BACKGROUND: This is a one-year renewal of the existing agreement with Mr. Shields. As proposed, and ultimately approved, in the city's 1993-94 budget, the City Attorney's services are expanded from 24 hours to a maximum of 26 hours per week. Otherwise, terms and conditions are unchanged from the previous agreement. Mr. Shields continues to do an excellent job for the City of Woodburn. '1 UL~ MEMO TO: FROM: SUBJECT: DATE: MAYOR AND CITY COUNCIL N. ROBERT SHIELDS, CITY ATTORNEY CONSIDERATION OF COUNCIL BILL DESIGNATING CITY ATTORNEY JUNE 9, 1993 The purpose of this memo is to formally declare a conflict of interest in regard to your consideration of Council Bill No. 1475 which would continue my contract as Woodburn City Attorney since I have a financial interest in this matter. The rules of ethics also require that I advise you that I cannot give you legal advice in this context and that you should seek other competent counsel if you have need for legal advice pertaining to this situation. COUNCIL BILL NO. 1475 RESOLUTION NO. A RESOLUTION AUTHORIZING A CONTRACTUAL SERVICES AGREEMENT WITH N. ROBERT SHIELDS AS CITY A'I'rORNEY AND REPEALING RESOLUTION 1125. WHEREAS, Chapter III, Section 10 of the City Charter provides for the Council appointment of a City Attorney as an officer of the City, and WHEREAS, the interest of the City is best served by contractual appointment of City Attorney services for an extended term; and WHEREAS, N. Robert Shields has held the position Woodburn City Attorney as a regular employee and currently serves by contractual appointment per Resolution 1125; and WHEREAS, N. Robert Shields is imminently qualified and familiar with the city's operations and pending litigation to provide this continuation of City Attorney services in the most effective manner; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the Mayor and City Administrator are authorized to execute a professional services agreement for City Attorney, a copy of which is attached hereto for reference. Section 2. That N. Robert Shields be reaffirmed in his appointment as City Attorney with all powers and duties prescribed in Section 24 of the City Charter and any other requirements prescribed by laws of the State of Oregon. Section 3. That Resolution 1125 be repealed. 10C Passed by Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder A'I-I'EST: Mary'Tennant, City Recorder City of Woodburn, Oregon APPROVED: LEN KELLEY, MAYOR Page 1 - COUNCIL BILL NO. 1475 RESOLUTION NO. 10C AGREEMENT I. PARTIES This agreement made and entered into between the CITY OF WOODBURN, a municipal corporation of the State of Oregon, hereinafter "CITY" and N. ROBERT SHIELDS, an attorney licensed to practice law in the State of Oregon, hereinafter "CONTRACTOR". II. TERM The Agreement shall commence on July 1, 1993 and shall continue in full force and effect until June 30, 1994. This Agreement may then be renewed by mutual agreement of the parties for one-year periods. III. of this PROFESSIONAL SERVICES TO BE PERFORMED CONTRACTOR shall act as City Attorney and shall assume all powers and duties position under CITY'S Charter. IV. COMPENSATION CONTRACTOR shall receive compensation for providing legal services at a rate of forty-five dollars ($45.00) per billable hour. The amount of legal services provided shall not exceed twenty-six (26) billable hours per week without additional authorization by CITY. This does not include any legal services provided as CITY'S 'fforfeiture counsel" pursuant to 1989 Oregon Laws, Chapter 791. CONTRACTOR shall within ten (10) days following the close of the month for which payment is sought, submit to CITY a written statement accounting for legal services rendered and detailing the number of hours worked in one-quarter hour increments. V. OVERHEAD CITY will provide all necessary secretarial support and related overhead expenses to enable CONTRACTOR to render legal services to CITY. While on CITY'S premises, CITY shall provide a telephone and office space to CONTRACTOR. VI. COSTS AND DISBURSEMENTS CITY and CONTRACTOR agree that the compensation under this agreement is for legal services provided. Any filing fees, costs, or expenses of litigation shall be paid by CITY. VII. TERMINATION CITY retains the right to discharge CONTRACTOR if in the opinion of the City Council the manner of his performance falls below what would reasonably be expected of a licensed attorney. CITY also retains the right to discharge CONTRACTOR if sufficient funds are not available to pay CONTRACTOR and this non-appropriation of funds did not result from any act or failure to act on the part CITY. Page I - Agreement VIII. INDEPENDENT CONTRACTOR The parties intend that independent contractor-employer relationship be created by this contract. CITY is interested only in the results to be achieved and the control of the work lies solely with CONTRACTOR. CONTRACTOR is not entitled to any benefits which CITY provides to its employees. IX. ASSIGNMENT The rights and duties of the parties hereunder are personal and shall not be assignable by either party without the express written consent of the other party. X. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the parties and supersedes all prior agreements between the parties concerning the services provided herein. This agreement may be modified only by a written instrument duly executed by each of the parties. Xl. ESCAPE NOTICES Any notice, request, demand or other communication hereunder shall be in writing and shall be deemed to have been properly given when delivered personally or sent by mail with all postage to the parties hereto at the respective address below: Chris Childs City Administrator 270 Montgomery Street Woodburn, Oregon 97071 N. Robert Shields Attorney at Law 8101 S.W. Nyberg Rd., No. 212 Tualatin, Oregon 97062 IN WITNESS WHEREOF, the parties have executed this agreement in duplicate, on the ~ day of ,1993. CONTRACTOR CITY OF WOODBURN N. Robert Shields Chris Childs City Administrator Lan Kelley, Mayor Page 2 - Agreement 1OD MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager ,~ Award for Sale of Surplus Property June 10, 1993 RECOMMENDATION: Accept the bid of School Bus Services, Inc. for $68,225.00 for purchase of surplus city property located in the Woodburn Industrial Park. BACKGROUND: A public hearing on the proposal to declare surplus city property located in the Woodburn Industrial Park was held on May 24, 1993. Council through resolution number 1179 declared an approximately 2.03 acre parcel off National Way in the Woodburn Industrial Park to be surplus property. Council authorized the property to be sold by a sealed bid process and set a minimum bid of $65,000. Bids on the sale of the property were opened and publically read at 11:00 am on June 10, 1993. Results were: Bidder Amount School Bus Services, Inc. $68,225.00 The bid of ~68,225.00 from School Bus Services, Inc complies with the minimum bid requirements and should be accepted. Property Sale.693 RR:bw IOE MEMO TO: FROM: SUBJECT: City Council through City Administrator Public Works Program Manager f~'~ ~ Engineering Report on Installation of Sidewalks along Highway Project DATE: June 9, 1993 99E RECOMMENDATION: Approve the engineering report. Council Options: B. C. D. Approve the engineering report. Modify the report with additional information. Disapprove the report and request different information. Disapprove the report and abandon the project. ENGINEERING REPORT: (A) GENERAL INFORMATION City Council passed Resolution 1099 on January 13, 1992 which authorized the City to enter in a cooperative improvement agreement with the State Highway Division for improvement of Oregon Highway 99E from Lincoln Street to the north City Limits. As a part of that agreement the City agreed to reimburse the State $63,000.00 for estimated costs of new sidewalks required by the project. The State would replace existing sidewalks as a part of the project. The reimbursement was to place sidewalks where none had existed previously. At the April 27, 1992 council meeting the council passed Resolution 1117 directing that this engineering report be prepared. At that time council concurred that installation of the sidewalks was necessary and beneficial to the property owners. Special assessment of the properties was determined to be an equitable method of financing the improvement. 10E City Council through City Administrator page 2 (B) (C) ESTIMATED COST OF PROJECT: It is estimated that the cost of the sidewalk project including already paid state reimbursement, finance, legal, and administrative will be 869,323.18 BENEFITTED PROPERTIES: With the addition of sidewalks along the entire length of Oregon Highway 99E from Lincoln Street to the north City Limits benefitted properties are those 'who had sidewalks installed as part of this project. Properties which had new sidewalks added as part of this project are shown in attachment A. Benefited properties indicated below by an * are located outside the Woodburn city limits. They were benefitted by the sidewalk installation and should share in the cost of the improvement. An agreement and/or approval by Marion County may be necessary for the city to assess these properties located outside the city limits. Properties determined to be benefitted are: TAX LOT OWNER '42145.000 *42147.000 *42150.000 42189.000 *42525.000 42535.001 42538.000 42571.666 42596.000 42605.000 42639.OOO 42G39.001 42643.429 42647.000 42656.000 42657.000 42667.000 42669.000 42955.000 42964.000 92450.020 92440.000 ivan & Betty Orton William & Twyla Whistler Daryl & Dorothy Wiesner Miller Brewing Co. State of Oregon Ira Gordon Et al Robert Huges (Richard Henkes) Leroy & Margaret Meyers Pablo Alverez, Et al Gerald & Betty Yoder Leroy Miller Diana gchwab Tomseth Leroy Miller Robert & Gloria Bigej Ya¢ov & Nina Konovalov Yacov & Nina Konovalov Real Estate Properties LTD Real Estate Properties LTD Roth's IGA Foodliner Inc. Richard Kreitzberg Milo Bibelheimer Et al John & Vera Grigorieff 10E City Council through City Administrator page 3 92440.010 92440.020 92440.030 92440.040 9273O.0OO *92890.000 '92890.010 '92890.016 92890.020 92890.031 92890.044 Milo Bibelheimer Et al Peter Lood Golden Coral Corporation Golden Coral Corporation Doug & Betty Livesay (Mistry) Helen Ruebesam Dempsy & Mary Sullivan George & Doris Yoder Josele Taylor Floyd Lenhardt Dempsy & Mary Sullivan NOTE: * designates properties outside of city limits (D) ACCOMPLISHMENT OF WORK: Installation of the new sidewalks is being accomplished as part of the:Highway 99E modernization project. It is projected to be completed in September, 1993. (E) ASSESSMENT: All properties listed in section C will benefit from installation of the sidewalk. Since the width and depth of sidewalks are constant throughout the project the frontage length of each affected property is an equitable measure for determining the individual properties cost. Based on the front footage of the properties involved, the fair share cost has been calculated to be 96.95 per front foot. Costs per lot are: Tax Lot Front Estimated Footage Cost Share 2. 3. 4. 5. 6. 7. 8. 9. 10. 42147.000 600.00 4,170.00 42145.000 386.04 2,682.97 42150.000 57.62 407.41 42189.000 1,277.54 8,878.90 42525.000 1,947.22 13,533.18 42535.001 644.93 4,482.26 42538.000 162.48 1,129.24 42571.666 118.59 824.20 42596.000 160.00 1,112.00 '-42605.000 168.00 1,167.60 42639.000 9.47 65.82 42639.001 85.73 595.82 City Council through City Administrator page 4 13. 42643.429 147.80 1,027.21 14. 42647.000 145.34 1,010.11 15. 42656.000 144.81 1,006.43 16. 42657.000 170.00 1,181.50 18. 42667.000 453.35 3,150.78 19. 42669.000 271.00 1,883.45 20. 42955.000 523.08 3,635.41 21. 42964.000 500.26 3,476.81 22. 92890.000 100.00 695.00 23. 92890.010 100.00 695.00 24. 92890.016 490.00 3,405.50 25. 92890.020 208.00 1,445.60 26. 90890.031 268,00 1,862.60 27. 90890.044 200.00 1,390.00 28. 92440.000 70.00 486.50 29. 92440.010 70.00 486.50 30. 92440.020 70.00 486.50 31. 92440.030 70.00 486.50 32. 924~0.040 70.00 486.50 33. 92450.020 166.59 1,157.80 34. 92730.000 117.71 818.08 (F) ACCOMPLISHMENT OF WORK: I 0,214.46 969,323.18 The sidewalk work was a portion of the State Highway Department project to modernize Hwy 99E from Lincoln Street to the north city limits. A portion of the project has been completed and the estimated completion date for the entire project is September 30, 1993. PROPOSED ASSESSMENT AND INTEREST: It is recommended that the benefitted property owners should pay their share: 1) at the completion of the project, or 2) sign a Bancroft application with the city within the allowed time and make yearly payments for a period of ten years. The owners would be allowed to pay off the remaining balance at any time dU.r. ing the bonding period. It is estimated that the interest rate will be 7.0 per cent. ~ ATTACHMEN I A ~"~ 4 AFFECTED PROPERTIES mmmm~ 400 N~le O~ 3OO 2000 3.0S2 Cfi 2300 2200 2100 24~L26 '87,,22 -~CR-,. 5'36 ~., ~.,.,.o ~ 2400 S87 42E' 1,515 CH 2600 2700 2OO NCO[ 2500 ?0 I 140 ~ 8300 I ~ / I. I~ / J COOLEY "¥~.,~'CC COOLEY OLC~ ~OLC 4m 6S00 64-00 mmm'mm~ I S.~?SOO 6306 630C AVENUE o- CA 900 ~000 ~4~;0 500 300 2o0 -~1/16 £OR ~00 CANCELLED NOS. 5801 6OOI 6501 8501 840, % 2 ~600 5800 ~03 O3 03 5 5900 '~ ~0 '~'~s~, 6000 i~ =I00' '02- SEP- 8 8 IUIZ ~^R ION cot "[-I/16 COl;{ !00 d 402 300 ~ ~ 34g.~o 401 500 600 700 200 349d 800 II03 COOl 41 590--i~. ~3Q.93 DCASTEE .-, , , , , /. 9OO 901 Xt'~sx'~ x-r x A-4 ... 'lUt- ~100 103 03-O: 2~-00 $(19 44~ 4~6.3..I SEE MAP 05 'I1~ 08DC 'A-5 No.214 I100 MT. HOOD 215.01 I000 44.59 S89 SO SEE MAP OS IW. 08^ AVENUE \ \ \ \ ?18-381 \ \ \ N89 5~V 347.30 \ \ IIIII 5.45 CH 200 IIIII 5.4,5 CH (359?Q) 355J6 8Y OEED $89 49~r 16.164 300 NOTE - REflAINOER OF THIS PARCEL ON flAP 05 iV 08DA A-6 16J64 CH ([066.~2) 3Al 3400 I iO0 \ %' \ % I 2o.e3 3900 ~00 4300 ' 'ES' 'i UI:: 4000 3 4400 / / 10:~ O0 y\ SEE MAP 05 IW 08DA A-7 lUt- 1AP O5 0SD 't 5 8 G,846 CH 3900 3800 4000 3 4'~00 4 ~OE~ ~7~4 3100 3OO 1600 1300. 633-e21 IlIII 256 1200 015 O0 03 ~'. "CAR'L "RSA9 x,~,~ '~C'R xS31),, x J 2500 4~14~ IIIII ~T~ - REItAINOCR OF THIS P&RC;~"t. 061 flAP O~ ~/ CISO )303 03 5 3000 IIIII 2900 4,2144P~.f S92~S 2601 2600 2700 141,S7 t~ C~ (991.3~) 59~,,65 illlll II03 O0 03 5 SEE MAP-05 IW 09 A-9 1OF City Of Woodburn Police Department 270 Montgomery Street Ken Wright Chief of Police Date: June 9, 1993 To: Thru: From: Subject: Woodburn, Oregon 97071 Mayor & Council (June 14, 1993) Chris Childs, City Administrator Don Eubank, Acting Chief of Polic~~ (503) Request for Amplification of Sound, Woodbum Foursquare Church 982-2345 Pastor Keith Anderson of the Woodbum Foursquare Church has given notification of a tent meeting to be held 9:00 a.m. through 9:00 p.m. each day from July 2nd through July 4, 1993, at the church's 1175 East Lincoln Street location. City Ordinance 1900 allows for sound amplifying devices upon Council approval. Mr. Anderson has requested approval for use of such devices during this event. Recommendation: Council approve request. DLE/nje cc: File X, IOF 11 75 E. Lincoln St. P.O. Box 69 Woodburn, OR 97071 (503) 981-5581 June 3,1993 The City Administrator 270 Montgomery Woodburn, Oregon To Whom It May Concern: We request a permit to use amplified sound equipment on our property located at 1175 E. Lincoln St.. We will be having a tent meeting July 2nd thru 4th from 9 AM to 9 PM each day. Sincerely, Keith Andersen Pastor KA/jk "The Words that I speak to you, they are Spirit and they are Life" John 6.'63 10G CITY OF WOODBURN POLICE DEPARTMENT  70 Montgomery Street n Eubank erations Lieutenant Date: June 9, 1993 Woodburn, Oregon 97071 982-2345 Ext. 351 To: Thru: Mayor and Council (June 14 Council Meeting) C. Childs, City Administrator From: Don Eubank, General Chairma,n Subject: Fourth of July Celebration Requests 1. Insurance Coverage 2. Sound amplification As General Chairman and Coordinator for the 4th of July Celebration, I am requesting City Liability Insurance coverage for two (2) city sponsored activities on the 4th of July. The first will commence at 7:30 am at the Woodburn High School and this will be the 4 Mile run and "fun walk". The City Attorney is in the process of drafting a registration flyer which includes a waiver of liability. The second is the Third Annual Old Fashioned 4th of July Picnic" with fun and games and a fireworks show. This will also be held at the Woodburn High School from about 12 noon until about 11:00 pm. We are also requesting permission for the use of amplifying devices for the days activities. The amplification is needed for the races and for music. As stated above, we will conclude our activities around 11:00 pm. See the attached schedule of events for details of the days activities. For you information, I have included a copy of the donation request letter. As of writing this memo, we have ~4,018.00 in the account and are still accepting donations. Please attend this event if you can, as it is truly a community event. Don Eubank -. Chairman, 4th of July Celebration / Spo~ored by The City of Woodburn Chairman and ~neral Coordinator, Don Eubank 98~2345 E~. 351 Participating Organi:mtions: May 21, 1993 · Woodbum Comeback Campaign Co-Chairs,. Vee Ott and Todd Londln · Woodburn Kiwanis (noon club) Dick Halaas, President · French Prairie Kiwanis Dave Christoff, President Dear Business Person/Citizen, The City of Woodbum, in conjunction with the Woodbum Comeback Campaign and the Kiwanis Clubs, are working together to bring Woodburn it's third glorious 4th of July Celebration. Last year's event, in our opinion, was a great success which brought the Community together again. This year's celebration promises to be even better. In order to have the "BEST" fireworks display, a fund of $5000.00 is needed. A donation of any amount would be greatly appreciated. All monies will be used for the Celebration and any left over funds will be kept in the Fireworks account for next year's event. Donations should be made to: City of Woodbum "FIREWORKS" 270 Montgomery Street Woodburn, OR 97071 In addition to the fireworks the night of the 4th, the French Prairie Kiwanis Club will be holding the annual Chuck Wagon Breakfast at Legion Park the morning of the 4th. After the breakfast, starting at about no6n, the 4th of July Committee invites all citizens of Woodbum to a day of fun activities at Woodburn High School, including games for all ages. Bring your picnic lunch, eat, and have some free watermelon. Bring your family and friends and come to have some old fashioned fun at our annual picnic. Attached is an agenda of the day's activities for all to enjoy. Thank you for your help, Chairman and.General Coordinator FAMILY FUN FUN "Come, Joi In The · - ,~ ~,,;. ~, ~,~ ~ 1,.., ~., Fun Fun 4th of July Celebration & Activities -Sponsored by the City of WoodbUm - Chairman, Don Eubank Participating Organizations: Comeback Campaign and Kiwanis Clubs SCHEDULE OF EVENTS AND LOCATIONS 6:00 - 11:00 LOCATION: 8:30 a.m. LOCATION: 12:00 Noon LOCATION: HOT DOGS - 25¢ 12 Noon 3:00 p.m. 7:00 p.m. LOCATION: 7:00 p.m. 7:30 p.m. 1 O:00 p.m. Chuck Wagon Breakfast, Sponsored by the French Prairie Kiwanis Club Legion Park 5k Competitive Run Non-competitive Fun-Run/Walk Woodburn High School Track "Old Fashioned 4th of July Picnic" Bring your picnic lunch and join in the fun and "GAMES" Woodburn High School FREE WATERMELON PEPSi- 25¢ GAMES AT WOODBURN HIGH SCHOOL (All Ages) Softball Throw Frisbee Throw 5:30 p.m. PiQatas for Children 1:30 p.m. 4:30 p.m. Football Throw Sack Races FIREWORKS & PRE-GAME SHOW Woodburn High School, West Parking Lot & Athletic Fields OPENING REMARKS: Don Eubank, Chairman Vee Ott & Todd Londin, Comeback Co-Chairs Jos~. and Paul Castro Honored Guests Entertainment: Music and dancing with Sig Paulson and Friends And one other band, TBA THE BEST FIREWORKS DISPLAY EVER Thanks to Larry Kriegshauser & Crew) 11A 6/02/93 A/P CHECK LISTING FOR THE NC)NTH OF NAY 1993' Page I Check Number 18792 18793 18794 18795 18796 18797 18798 18799 18800 18801 18802 18803 18804 18805 18806 18807 18808 18809 18810 18811 18812 18813 18814 18815 18816 18817 18818 18819 1882O 18821 18822 18824 18825 18826 18827 18828 18829 1~0 1~1 1~2 1~3 1~5 1~6 Budgetary Account Number Vendor Name Vendor Ntznber Check - Date Written Amount of Check POSTAGE #ETER-VARIOUS POSTAGE BY PHONE SYSTEH 015466 5/0/,/93 600.00 SERVICES-WATER US POST OFFICE 020090 5/07/93 229.82 VOID VOID VOID VOID VOID VOl D VO[ D VOID VOID REFUND-PUBL]C UORKS COPENHAGEN [NC NONE 5/07/93 25.00 REFUND-PUBLIC UORKS GUEEN PUMP CO NONE 5/07/93 25.00 SERVICES-CITY HALL MICHAEL REITER NONE 5/0?/93 40.00 SERVICES-WATER BACKFLOU HANAGENENT ]NC 001033 5/07/93 2,954.00 SERVICES-ENGINEERING BARKER SURVEYING CO 001147 5/07/93 750.00 SUPPLIES-ENGINEERING BIZMART 00128~ 5/07/93 53.48 SUPPLIES-VARIOUS BOISE CASCADE 001340 5/07/93 414.91 SERVICES-M/fP BOONES FERRY ELECTRIC 001352 5/07/93 1,029.48 REGISTRATION-FINANCE BUREAU OF LABOR & INDUSTRIES 001605 5/07/93 65.00 SERVICES-PUBLIC UORKS CH2H-HILL 002478 5/07/93 3,083.42 SERVICES-COURT MARGOT CONLEY 002686 5/07/93 20.00 SUPPLIES-FINANCE DATA-CAL CORPORATION 003067 5/07/93 37.40 $1JPPLIES-PUBLIC WORKS DATA RESE,MICH INC 003051 5/07/93 74.2'5 SERV[CES-t&/TP F & W FENCE 005002 5/07/93 200.00 SUPPLIES-CENTRAL STORES FIRST BANK OF MARIETTA 005133 5/07/93 178.87 SUPPLIES-CENTRAL STORES FORCE 4 COMPUTER 005242 5/07/93 256.79 SERVICES-911 GERVA%S TELEPHONE CO 006143 5/07/93 95.44 SUPPLIES-STREET W.W. GRAINGER INC 006283 5/07/93 104.20 SERVICES-CODE ENFORCEMENT G.T.E. MOgILNET 006373 5/07/93 32.74 SERVICES-WATER BERSHBERGER MOTORS 007150 5/07/93 73.10 SlJPPL[ES-VARIOUS INOUSTRIAL UELDING SUPPLY 008100 5/07/93 2~.57 SUPPLIES-CITY N)MIN JOBS AVAILABLE 009105 5/07/93 22.00 SERVICES-ENGINEERING J06 SHOPPERS [NC 009119 5/07/93 222.00 SERVICES-ENGINEERING KITTELSON & ASSOCIATES INC 010093 5/07/93 12,150.73 SERVICES-COURT MSI GROUP, INC 012015 5/07/93 125.00 SERVICES-UUTP NACOLA INC 012031 5/07/93 2,499.58 SERVICES-PUBLIC UORKS MARION COUNTY CLERK 012087 5/07/93 25.00 SERVICES-PUBLIC WORKS MARION COUNTY SURVEYOR 012200 5/07/93 185.00 SUPPLIES-VARIOUS METROFUELING INC 012/e48 5/07/93 408.11 SERVICES-911 MONITOR CO-OP TELEPHONE 012550 5/07/93 170.00 SERVICES-bVTP MR. PO~R CLEAN 0126~8 5/07/93 95.00 SUPPLIES-ENGINEERING NESSCO SUPPLY INC 013160 5/07/93 ~0.06 SERVICES-VARIOUS NORTHI~ST NATURAL GAS 013350 5/07/93 500.91 SERVICES-NON DEPT/WATER NPA UEST 013389 5/07/93 775.00 REGISTRATION-PUBLIC UORKS OR CITY ATTY~S ASSOC 014128 5/07/93 285.00 SUPPLIES-tR~TP PACO PUMPS INC 015099 5/07/93 2,140.00 SUPPLIES-STREET PAUL~S SHALL MOTOR SERV 015175 5/07/93 37.00 SERVICES-VARIOUS PORTLANO GENERAL ELECTRIC 015420 5/07/93 6~886.05 SERVICES-COURT TERRY RAMIREZ 017050 5/07/93 47.00 SERVICES-WATER RAWLINSONS LAUNDRY 017055 5/07/93 7.20 37,652.61 6/02/93 A/P CHECK LISTING FOR THE MONTH OF MAY 1993' Page 2 Check Nc~nber Budgetary Account Member 188~;7 SUPPL I ES- F I NANCE 18838 SERVICES-COURT 18839 SERVI CES-911 188/,0 SERVICES-PUBLIC WORKS 188~ 1 SERV ICES - TRAMS I T/PARKS 188~2 SUPPLIES-TRANSIT 188~3 SUPPLIES-CITY HALL 18844 SERV [CES -WATER 188~5 SUPPL[ES-COOE ENFORCE 188~6 SUPPLIES-WATER 188~7 SUPPLIES-CITY AOMIN 188/,8 SERVICES-LIBRARY 188~9 SUPPLIES-CITY ATTY 18850 SERVI CES-PARKS 18851 SERVICES-WATER 18852 RE I MBURSEMENT- F l NANCE 18853 SUPPL I ES-STREET 18854 SUPPLIES-CENTRAL GARAGE 18~55 $ERVICE$ -VAR [ OUS 18856 SERVI CES-VAR[OUS 18857 SUPPL ! ES -UUI'P 18858 SUPPL I ES- F I NANCE 18859 SUPPLIES-CITY ATTY 18860 SERVICES-WATER 18861 SERVICES-PUBL [C I~ORKS 18862 SUPPL ] ES- ENG I NEER I NG 18863 SUPPLIES-ENGINEERING 1886~ PETTY CASH-VARIOUS 18865 SUPPLIES-CITY HALL 18866 REGISTRATION-LIBRARY 18867 PETTY CASH-VAR]OUS 18868 SERVICES-WATER 18869 VO[ D 1~70 VOI D 18871 V 0 I D 18872 SERV[ CES-POL ] CE 1~ REFUND-PARKS 18874 REFUND-PUBLIC UORKS 18875 SERVI CES-POL I CE 18876 SERV 18877 SUPPL I ES-911 18878 SUPPL I ES-RSVP 18879 SERVI CES-I~/I'P 18880 SUPPLIES-POLICE 18881 SERV ICES - L I'I~RARY 18882 SERVICES - VAR I OUS Vendor Name Vendor Number Check - Date Written Amour of Check RELIABLE OFFICE SUPPLY 017161 5/07/93 100.93 SHEREEN RICOY 017196 5/07/93 40.30 ST PAUL COOPERATIVE TELEPHONE 018035 5/07/93 177.60 SALEM PRINTING-BLUEPRINT 018110 5/07/93 26.00 SAUVAIN MOTOR CO 018210 5/07/93 556.11 SCHETKY NORTHWEST SALES 018240 5/07/93 11,000.00 SCOT CUSTOOIAL SUPPLY 018308 5/07/93 8.55 SERVICENTER 018360 5/07/93 265.00 SILVERFLEET SYSTEMS 018/465 5/07/93 38.90 SILVERTON SAND & GRAVEL 018~90 5/07/93 2,344.35 SLATER CONMLIN]CATiONS 018522 5/07/93 295.00 SOUND ELEVATOR CO 018610 5/07/93 154.50 STATE COURT ADMINISTRATOR 018745 5/07/93 30.00 STATESI4AN JOURNAL NEWSPAPER 018760 5/07/93 90.24 TELECOMH SYSTEMS INC 0190~3 5/07/93 37.35 MARY TENNANT 019055 5/07/93 15.60 TRAFFIC SAFETY SUPPLY CO 019220 5/07/93 185.50 UNOCAL:ERNIE GRAHAM OIL 020010 5/07/93 596.88 UNITED OISPOSAL SERVICE 020020 5/07/93 703.98 U.S. gEST COHNUNICATIONS 020095 5/07/93 6~2.75 VALLEY WELDING SUPPLY 021050 5/07/93 9.00 VISIBLE CC)NPUTER SUPPLY 021200 5/07/93 78.41 WARREN-GORHAM-LAMONT INC 022058 5/07/93 107.45 WATER,FO00 & RESEARCH LAB 022062 5/07/93 135.00 1~3OOBURN INDEPENOENT 022630 5/07/93 42.00 edOCOBURN LUMBER CO 022660 5/07/93 11.70 WOOOBURN PHARMACY 022680 5/07/93 26.0~ CITY OF S~:XX)BURN 015255 5/10/93 171.33 ENVIRONMENTAL PLASTIC NONE 5/10/93 118.72 LINCC 011238 5/07/93 120.00 CITY OF IdCIOOBURN 015255 5/13/93 18~.45 U.S. POST OFFICE 020090 5/16/93 144.59 VOID VOID VOID VOID VOID VOID SHILO INN NONE 5/14/93 52.43 WANDA PARMETER NONE 5/14/93 7.50 STETTLER SUPPLY CO NONE 5/14/93 25.00 PACIFIC NORTHUEST CHAPTER FBI NONE 5/14/93 180.00 AL%/A NONE 5/14/93 25.00 ALCO CAPITAL RESOURCE INC 00010~ 5/14/93 86.67 AL*S FRUIT & SHRUB CENTER 000160 5/14/93 70.00 A-QUALITY TYPEWRITER 000~20 5/14/93 ~8.50 AUTOMATED OFF]CE SYS 000563 5/14/93 172.75 AUOIO VISUAL SUPPLY CO 000570 5/14/93 59.99 AT&T INFORMATION SYSTEMS 000620 5/14/93 303.60 57,141.28 1lA 6/02/93 A/P CHECK LISTING FOR THE MONTH OF MAY 1993 Page 3 Check Nurber 1888~ 18885 18886 18887 18888 18889 18890 18891 18892 18893 18894 18895 18896 18897 18898 18900 18901 18902 18903 1890~ 18905 189O6 18907 18908 18909 18910 18911 18912 18913 18914 18915 18916 18917 18918 18919 18920 18921 18922 1892~ 18924 18925 18926 18927 18928 Budgetary Account Nt~rber SUPPLIES-LIBRARY SUPPLIES-STREET SERVICES-tA~TP REIMBURSEMENT-FINANCE SUPPLIES-STREET SUPPLIES-STREET SERV%CES-U~/TP/UATER SERV%CES-IA/TP SUPPLIES-IA~TP SERVICES-CITY HALL SERVICES-911 SUPPLIES-UATER SERVICES-911 SERVICES-ENGINEERING SERV[CES-tR~i'P SERVlCES-tR/TP SERVICES-NON DEPT SERVICES-U~I'P SUPPLIES-PARKS SUPPLIES-POLICE SERV%CES-PUBLIC t4ORKS SUPPLIES-CITY ATTY SERVICES-COOE ENFORCE SERVICES-VARIOUS SERVICES-COURT SUPPL[ES-~ATER SUPPLIES-~ATER SERVICES-tA~TP SERVICES-PARKS SUPPLIES-VARIOUS SUPPLIES-I&/TP SUPPLIES-CITY ATTY REIMBURSEMENT-~ATER SERVICES-POLICE/STREET SUPPLIES-STREET SUPPLIES-t&~1'P SERVICES-VARIOUS SERVICES-VARIOUS SERVICES-911/DAR SUPPLIES-LIBRARY SUPPLIES-LIBRARY REGISTRATION-FINANCE SUPPLIES-ENGINEERING PETTY CASH-VARIOUS SERVICES-U~TER VOID Vendor Name Vendor Number Check - Date 14ritten Amount of Check BI-MART CORPORATION 001275 5/14/93 42.27 CANBY SANO & GRAVEL CO 002060 5/14/93 191.28 CLACKAMAS COHM COLLEGE 002550 5/14/93 100.00 V JEAN DEEN 003107 5/14/93 8.80 OYCOR SUPPLY %NC 003~94 5/14/93 432.00 G.K. MACHINE 006009 5/14/93 29.50 G.T.E. NOOILNET 006~73 5/14/93 137.29 H2ONLY 007010 5/14/93 46.50 HACH CHEMICAL CO 007030 5/14/93 48.35 C.J. HANSE# CO INC 007055 5/14/93 320.00 HUBBARD PLUMB[#G 007330 5/14/93 60.00 INDUSTRIAL SUPPLY CO 0008090 5/14/93 79.50 I B # 008243 5/14/93 155.00 JOG SHOPPERS INC 009119 5/14/93 240.00 RANDAL G LANGBEHN 011029 5/14/93 193.50 MAPLE RIDGE JANITORIAL 012073 5/14/93 '" 30.00 MARION COUNTY FISCAL SVCS 012140 5/14/93 115.50 MARYATT INOUSTRIES 012240 5/14/93 154.51 RICK MC~ORMICKS BARI(OUST 012~50 5/14/93 850.00 METROFUELING INC 0124~ 5/14/93 18.41 ONE CALL CONCEPTS [NC 014054 5/14/93 ~.25 OREGON OEPT OF REVENUE 014215 5/14/93 15.00 OR DEPT OF MOTOR VEHICLE 014240 5/14/93 14.00 PORTLAND GENERAL ELECTRIC 015420 5/14/93 8,469.6~ TERRY RAM[REZ 017050 5/14/93 62.00 RICE SAFETY EQUIPMENT CO 017200 5/14/93 55.87 ROO'S RENTAL & REPAIR 017285 5/14/93 25.00 RANDAL S SAUNDERS 018189 5/14/93 2,249.03 SCHOOL BUS SERVICES INC 018270 5/14/93 69.50 SILVERFLEET SYSTEMS 018465 5/14/93 1,588.89 SPENCER ENVIRONMENTAL SERV 018679 5/14/93 65.00 STATE COURT AOMINISTRATOR 018745 5/14/93 150.00 FRANK SUTTER 018880 5/14/93 255.53 TELEC~ SYSTEMS 0190~3 5/14/93 130.40 TRAFFIC SAFETY SUPPLY CO 019220 5/14/93 319.20 UNOCAL:ERNIE GRAHAM OIL 020010 5/14/93 620.88 U.S. UEST COMMUNICATIONS 020091 5/14/93 420.58 U.S. I~EST COMMUNICATIONS 020095 5/14/93 2,162.93 gooOBURN INDEPENOENT 0226~0 5/14/93 135.45 taXX)BURN LUMBER CO 022660 5/14/93 7.99 YES GRAPHICS 024025 5/14/93 50.00 MEg HORIZONS COMPUTER LEARN NONE 5/19/93 179.00 TERRY RICHARDSON CONSULTING 017192 5/19/93 1,741.00 CITY OF ta~OOBURN 015255 5/20/93 1~6.39 U.S. POST OFFICE 020090 5/21/93 1~.48 VOiD VOID 79,887.70 11A 6/02/93 A/P CHECK LISTING FOR THE MONTH OF MAY 1993 Page Check Number 18929 18930 18931 18932 18933 18934 18935 18936 18937 18938 18939 18940 18941 18942 18943 18944 18945 18946 18947 18948 18949 18950 18951 18952 18953 18954 18955 18956 18957 18958 1895 9 18960 18961 18962 18963 1896~ 18965 18966 18967 18968 18969 18970 18971 18972 18973 18974 Budgetary Account Number VOID VOID OVERPAYMENT -UATER/SEUER OVERPAYMENT-t~ATER/SEUER OVERPAYMENT - ~ATER/SEgER REG I STP, AT I ON- PLANN I NG SERV! CES-PARKS SERVI CES-TRANS ! T SERV! CES-POLICE SERVICES-VARIOUS SUPPL I ES- L I BRARY SUPPL I ES - L I BRARY SUPPL ! ES - L I BRARY SUPPLIES-ENGINEERING SERV[CES-C STORES RENEt4AL - STREET SUPPL[ES-UATER SUPPLIES-ENGINEERING SUPPL I ES o L I BRARY SUPPL I ES - L I BRARY SERVICES-911 SERVICES-CITY HALL SUPPL IES-IAfrP SUPPL I ES - L I BRARY REFUND-BUSINESS LICENSE SERVICES-L I BRARY SERVI CES-ENGI NEERING SUPPL I ES -gl~TP SUPPL I ES-PARKS SERVI CES-BUI LD I NG SUPPLIES-LIBRARY SERVI CES-g%/I'P SERVICES-IA/TP SUPPL I ES-VAR IOUS SUPPL I ES- L I BRARY SUPPLIES-CITY HALL SUPPL [ ES - L I BRARY SUPPL I ES - L I BRARY SUPPL I ES- P~/L I BRARY SUPPL I ES- L ] BRARY SERVICES- L ] BRARY SERVICES-911 SERVI CES-tafrP SUPPL l ES - L ! BRARY SERVICES-VARIOUS SERVICES-COURT Vendor Hame Vendor Number Check - Date ~ritten Amount of Check VOID VOID VOID VOID BILL VANDERSCHOUT NONE 5/21/93 24.00 MAURICE PEEK NONE 5/21/93 21.65 BRICE INVESTMENT REALTY NONE 5/21/93 2.09 OREGON APA NONE 5/21/93 15.00 ROLAND CONTRERAS NONE 5/21/93 72.00 ARTISTIC SIGNS 000540 5/21/93 994.00 AT&T INFORMATION SYSTEMS 000620 5/21/93 172.20 AT & T 000623 5/21/93 98.2-3 CHEMEKETA COHMUNITY COLLEGE 002410 5/21/93 17.56 CHEM-AQUA 002435 5/21/93 416.67 CHILORENS PRESS PUBLISHER 002450 5/21/93 81.59 COI4PUTER DISCOUNT WAREHOUSE 002733 5/21/93 650.60 COeY OFFICE PROOUCTS INC 00287'5 5/21/93 178.75 DEPT OF ENVIR. OUALITY 003205 5/21/93 200.00 DSU-PETERBILT & GMC INC 003290 5/21/93 27,794.00 THE FISH POND 005143 5/21/93 42.50 GESSLER PUBLISHING CO INC 006145 5/21/93 332.70 GROLIER EDUCATIONAL CORP 006365 5/21/93 217.00 G.T.E. MOglLNET 006373 5/21/93 4.85 C.J. NANSEN CO [NC 007055 5/21/93 1,245.60 HIGH PURITY CHEMICAL INC 007189 5/21/93 922.75 IDEALS PUBLISHING CORP 008013 5/21/93 22.94 INDUSTRIAL ~ELOING SUPPLY 008100 5/21/93 25.00 JAMES ABBOTT ELECTRIC 009058 5/21/93 740.00 JOg SHOPPERS INC 009119 5/21/93 192.00 LAB SAFETY SUPPLY 011024 5/21/93 485.97 LINO'S MARKET 011240 5/21/93 32.75 MARION COUNTY BLOG INSPEC 012090 5/21/93 1,434.31 MARSHALL CAVENOISH CORP 012235 5/21/93 124.43 MARYATT INDUSTRIES 012240 5/21/93 118.63 GOROON MERSETH P.E. 012434 5/21/93 391.75 METROFUELING INC 012448 5/21/93 408.48 NATURE OF OREGON 013147 5/21/93 8.00 WALTER E NELSON CO 013153 5/21/93 301.70 N~ COMPUTER RIBBON 013267 5/21/93 24.89 OLA 014027 5/21/93 6.00 OFFICE DEPOT 014029 5/21/93 ~6.99 OREGON CRAFT & FLORAL SUPPLY 014142 5/21/93 62.60 OREGON PHOTOCOPY CO 014A20 5/21/93 225.00 OREGONIAN PUBLISHING CO 016653 5/21/93 172.00 PACO PUMPS INC 015099 5/21/93 297.09 PANAOERIA CASAS BLANCAS 015110 5/21/93 40.00 PORTLANO GENERAL ELECTRIC 015420 5/21/93 7,163.oo TERRY RAM[REZ 017050 5/21/93 47.00 125,751.97 11A 6/02/93 A/P CHECK LISTING FOR THE NONTH OF MAY 1993 Page 5 Ch~k Number 18975 18976 18977 18978 18979 18980 18981 18982 18983 18984. 18985 18986 18987 18988 18989 18990 18991 18992 18993 18994 18995 18996 18997 18998 18999 19q300 19001 19002 19003 19005 19007 19008 19010 19011 19012 19013 19014 19015 19016 19017 19018 19019 19020 Budgetary Account Number SUPPLIES-LIBRARY SUPPLIES-LIBRARY SUPPLIES-PUBLIC t4ORKS SUPPLIES-LIBRARY SUPPLIES-C GARAGE SUPPLIES-LIBRARY SUPPLIES-LIBRARY SUPPLIES-LIBRARY SERVICES-911 SUPPLIES-LIBRARY SUPPLIES-LIBRARY SERVICES-M~TP SERVICES-PARKS SERVICES-COOE ENFORCE SERVICES-PLANNING SUPPLIES-UATER SUPPLIES-RSVP VOID VOID VOID REFUND-UATER/SEUER REFUND-PLANNING REFUND-PARKS SERVICES-PARKS SUPPLIES-STREET SUPPLIES-PARKS SUPPLIES-~d~rP/PARKS SERVICES-POLICE/CITY HALL SUPPLIES-P~/ SUPPLIES-PARKS SUPPLIES-VARIOUS SUPPLIES-VARIOUS SUPPLIES-STREET SERVICES-POLICE SERVICES-PUBLIC I~)RKS SERVICES-PUBLIC I, IC)RKS SERVICES-911 SUPPLIES-PUBLIC IZ~RKS SUPPLIES-VARIOUS SUPPLIES-PARKS SUPPLIES-VARIOUS SUPPLIES-LIBRARY SUPPLIES-POLICE SUPPLIES-STREET SUPPLIES-SI~EET SERVICES-PARKS Vendor Name REGENT BOOK COHPANY 0171~8 5/21/93 RUSSIAN HOUSE LTO 01734~ 5/21/93 SAFEI4AY STORES 018025 5/21/93 SBO SPANISH BOOK DISTRIBUTOR 018223 5/21/93 UNOCAL:ERNIE GRAHAM OIL 020010 5/21/93 UNIQUE BOOKS INC 020016 5/Z1/93 ULVERSCROFT HELEN BOYLE 020017 5/21/93 USI~ST OIRECT 020092 5/21/93 U.S. UEST COMMUNICATIONS 020095 5/21/93 VISIBLE COHPUTER SUPPLY 021200 5/21/93 ~ILCO PUBLISHING CO 02229v, 5/21/93 t~OLFERS HEATING & AIR COND 022~60 5/21/93 I~OOOBURN CARCRAFT 022508 5/21/93 k~3OBURN CLEANERS 022530 5/21/93 I~CX)OBURN INDEPENDENT 022630 5/21/93 t~OOOBURN UPHOLSTERY 022760 5/21/93 ~OBN k~ORLDS BERRY MUSEUM 022777 5/21/93 VOID VOID VOID VOID VOID VOID LLOYD R GRUNDMEYER NONE 5/28/93 KAREN VALOEZ NONE 5/28/93 VIRGINIA NAIGHT NONE 5/28/93 HID VALLEY GOLF ASSOC NONE 5/28/93 JACKSON SCHOLAR STORE NONE 5/28/93 AL'S ARCTIC RESTAURANT EOUIP NONE 5/28/93 AL'S FRUIT & SHRUB CENTER 000160 5/28/93 ARATEX SERVICES INC 000535 5/28/93 At&/A 000665 5/28/93 FRANK BASHOR SUPPLIES 001160 5/28/93 BI-MART CORPORATION 001275 5/28/93 BOISE CASCAOE 001340 5/28/93 CANTEL INC 002085 5/28/93 CASE AUTOMOTIVE 002190 5/28/93 CHZH- H ILL 002477 5/28/93 CH2M- H l LL 002478 5/28/93 CLACKN4AS COHHUN I CAT IONS 002540 5/28/93 CLARK BOARDMAN CALLAGHAN 002543 5/28/93 CONVEN I ENCECARO 002815 5/28/93 COREL MAGAZINE 0028~0 5/28/93 DAVISON AUTO PARTS 003080 5/28/93 EOFF ELECTRIC 0047.30 5/28/93 FARMERS OIL 005040 5/28/93 FARM PLAN 005062 5/28/93 FOI4LER MANUFACTURING CO 005270 5/28/93 G.T.E. MOB1LNET 00637'3 5/28/93 Vendor N~nber Check - Date UrJtten Amount of Check 58.19 286.21 30.00 217.50 231.00 415.74 421.20 111.55 131.44 22.89 39.00 247.30 512.00 8.50 162.76 150.00 25.00 24.54 200.00 30.00 65.00 12.00 100.00 261.06 61.30 5.00 64.95 129.43 75.47 310.20 897.93 3,015.55 11,694.66 109.71 79.34 161.07 39.95 581.17 182.16 775.08 321.05 382.00 49.23 148,450.10 11A 6/02/93 A/P CHECK LISTING FOR THE HONTH OF NAY 1993 Page 6 Check N~ber 19021 19022 19024 19025 19026 19027 19028 19029 19030 19031 19032 19033 19035 19036 19037 19038 19039 1~040 19041 19042 19043 19044 19045 19046 19047 19048 19049 19050 19051 19052 19053 19054 19055 19056 19057 19058 19059 19068 1~1 1~2 19063 1906~ 19065 19066 Budgetary Account Number SUPPLIES-VARIOUS SUPPLIES-RSVP SUPPLIES-TRANSIT SERVlCES-CITY HALL SUPPLIES-VARIOUS SUPPLIES-CITY ATTY SERVlCES-ta4TP SIJPPLIES-tR~TP SUPPLIES-WWTP SUPPLIES-POLICE SUPPLIES-VARIOUS MEMBERSHIP-COURT ANNUAL OUES-TRANSIT/DAR SUPPLIES-RSVP SUPPLIES-WWTP/POLICE SERVICES-I~I~TP/WATER SERVICES-911 SERVICES-ENGINEERING SERVICES-WATER SERVICES-COURT SUPPLIES-t&~TP SERVICES-VARIOUS SERVICES-COURT SUPPLIES-PUBLIC NORKS SERVICES-VARIOUS SERVICES-CITY ATTY SERVICES-PARKS/POLICE SUPPLIES-PUBLIC ~ORKS SERVICES-COURT SUPPLIES-I~TP SERVICES-LIBRARY SERVICES-VARIOUS SERVICES-911 SUPPLIES-PARKS/I~/TP SUPPLIES-POLICE/COOL ENF SERVICES-HATER SERVICES-PARKS SUPPLIES-VARIOUS SERVICES-911 SUPPL[ES-PARKS/tNTP SUPPLIES-PARKS/I~dTP SUPPLIES-ENG/COOE ENF SERVICES-RSVP SERVICES-RSVP SERVICES-RSYP SERVICES-RSVP Vendor Name Vendor Number Check - Date Written Amount of Check G.~. HARDWARE CENTER 006405 5/28/93 1,214.29 PATRICIA HELLHAKE 007117 5/28/93 138.50 HUBBARD GARAGE 007"520 5/28/93 59.80 JR ELECTRIC 009185 5/28/93 159.78 L & L BUILDING SUPPLIES 011010 5/28/93 103.16 LAND USE BOARD OF APPEALS 011015 5/28/93 185.00 NARYATT INDUSTRIES 012240 5/28/93 283.07 RICK MCCORMICK'S BARKDUST 012550 5/28/93 120.00 NCGUIRE BEARING COMPANY 012585 5/28/93 4,272.00 METROFUELING INC 0124~8 5/28/93 58.31 MR PtS AUTO PARTS 012510 5/28/93 437.68 ORE ASSN FOR COURT Al)NIH 014081 5/28/93 35.00 OREGON TRANSIT ASSOC 014610 5/28/93 130.00 PACIFIC PRINTERS 015058 5/28/93 507.35 PIONEER ELECTRONICS 015345 5/28/93 56.45 PORTLANO GENERAL ELECTRIC 015420 5/28/93 180.01 PTI COMI4UNICATIONS 015580 5/28/93 120.00 DUALITY GOVERNMENT SERV ASSUC 016065 5/28/93 2,827.50 RADIX CORPORATION 017035 5/28/93 525.00 TERRY RANIREZ 017050 5/28/93 47.00 JACK RAWLINGS 017054 5/28/93 430.14 RAWLINSONtS LAUNDRY 017055 5/28/93 ~8.85 SHEREEN RICOY 017196 5/28/93 221.15 ROTH'S IGA 017340 5/28/93 51.43 LES SCHWAB TIRE CENTER 018~00 5/28/93 454.66 N. ROBERT SHIELDS 018450 5/28/93 4,117.50 SLATER COHMUNICATIONS 018522 5/28/93 871.96 STATESMAN JOURNAL NEWSPAPER 018768 5/28/93 42.00 ROBERT E THOHAS I11 019138 5/28/93 86.20 TN TECHOLOGIES, INC 019174 5/28/93 4,556.98 TRAPPIST ABBEY BOOKBIND 019240 5/28/93 425.00 UNITEO OISPOSAL SERVICE 020020 5/28/93 506.20 U.S. 14EST COMMUNICATIONS 020095 5/28/93 34.90 VIESKO REDI MiX 021140 5/28/93 474.02 UAL-MART STORES INC 022035 5/28/93. 81.75 WATER,FO00 & RESEARCH LA8 022062 5/28/93 275.00 WOOOBURN CLEANERS 022530 5/28/93 14.00 WOOOBURN FERT%LIZER & GRAIN 022590 5/28/93 775.00 ta3OOBURN FIRE OISTRICT 022595 5/28/93 135.00 WOOOBURN LUMBER CO 022660 5/28/93 263.03 WOOOBURN OFFICE SUPPLY 022670 5/28/93 461.79 WOODBURN PHARMACY 022680 5/28/93 86.21 ELIZABETH BROOESSER 035067 5/28/93 5.76 DOROTHEA DOUBRAVA 035150 5/28/93 69.12 GNEN GUNTER 035297 5/28/93 8.16 SHIRLEY HACKETT 035311 5/28/93 33.60 174,439.41 11A 6/02/93 A/P CHECK LISTING FOR THE MONTH OF MAY 1993; Page 7 Check N~nber 19067 19O68 19069 19070 19071 1907'2 19O74 19075 19076 19O8O 19O81 19O82 19O8~ 1908~ 19085 19087 19088 19089 Budgetary Account N~rber SERVICES-RSVP SERVICES-RSVP SERVICES-RSVP SERVICES-RSVP SERVICES-RSVP SERVICES-RSVP SERVICES-RSVP SERVICES-RSVP SERVICES-RSVP SERVICES-DAR SERVICES-DAR SERVICES-OAR SERVICES-OAR SERVICES-DAR SERVICES-OAR SERVICES-OAR SERVICES-OAR SERVICES-DAR SERVICES-OAR SERVICES-DAR SERVICES-DAR SERVICES-DAR SERVICES-WATER Vendor Name Vendor Number check - Date Written Amount of Check MARGARET KANE 035390 5/28/93 DALE KELSAY 035395 5/28/93 LEO LA ROQUE 035~65 5/28/95 CHARLES MOHLER 035555 5/28/93 TWILA NASH 035570 5/28/93 JUNE S%MPSO~ 0356~8 5/28/93 ROgERT STILLMAN 035667 5/28/93 CHARLES WIGLE 0357~8 5/28/93 JAY W(X30S 035763 5/28/93 MARGARET BELL 045050 5/28/93 HATTIE CLARK 0~5100 5/28/93 CORNEL[US DONNELLY 045230 5/28/93 WINNIFRED FACHINI 045245 5/28/93 KATHY HUNT 045337 5/28/93 MARILYN PARADIS 045512 5/28/93 BETTY PARK 045515 5/28/93 GERTRUDE REES 045545 5/28/93 JAMES STROUP 045595 5/28/93 BARBARA STROUP 045596 5/28/93 DEAN TAT(N4 045653 5/28/93 HATTIE VANOERCOVERING 045670 5/28/93 JUOY YOUNG 045740 5/28/93 U S POST OFFICE 020090 5/28/93 15.84 10.80 181.92 28.80 9.60 38.40 9.60 38.40 86.40 47.88 145.44 21.~ 26.40 12.96 22.56 12.24 67.63 45 5.76 33.36 161.96 175,555.92 15A MEMO TO: FROM: SUBJECT: DATE: Community Development Director Building Official ~24 Earthquake Report for 3.7 quake 6/7/93 June 9, 1993 I made visual inspections of the old downtown area to see if there was any further damage from the quake on 6/7/93. There was no apparent damage caused by this quake. I looked at every building that had been posted during the first quake on March 25, 1993. I found old mortar that had fallen on the sidewalk but .no damage to any of the structures. outhern Pacific Transportation Company Room 251-N Union Station · 800 Northwest Sixth Avenue · Portland, Oregon 97209 5750 Sacramento Avenue · Dunsmuir, California 96025 June 4, 1993 ? ~;15B 345.4 Mr. Chris Childs City Administrator City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Dear Mr. Childs: This is in reference to our recent telephone conversations concerning the damage done to buildings along Front Street during the March 25, 1993, earthquake. On March 27, 1993, the city contacted Mr. L. R. Read, our District Engineer, with concerns that vibration from the adjacent Southern Pacific track could cause further damage to the buildings. The city requested that we reduce' the speed of our trains until repairs could be made. The city's assumption was that the lower the train speed the less the vibration. Based on a spirit of cooperation, the Southern Pacific then reduced our Main Line train speed from 45 MPH to 30 MPH. Later, in a follow up conversation with Mr. Steve Goeckritz of the city, I was told that there were six or seven buildings with damage and that he expected it would take about two months to make the repairs. During the last two months there has never been any documented seismic testing made that would indicate any real reduction in vibration as a result of the lower train speed. Any reduced vibration is only perceived by individuals from the city. In our latest conversation of a week ago, I explained that the Southern Pacific needed to remove the slow order as soon as possible and I asked when the city expected the building repairs to be completed. I was told that only two of the buildings have been repaired, one is scheduled for demolition, and the remaining are awaiting financing to make repairs. There was no indication of how long it would take to secure the financing or complete the repairs on the remaining buildings. I also asked if the city would be willing to provide documentation that the lower train speed reduced vibration, and was told that the city had no plans to do any metering or testing along those lines. Mr. Chris Childs File: 345-4 June 4, 1993 I have been advised by legal counsel that the railroad is in no way responsible for damages to the buildings after the earthquake event. It is the sole responsibility of the owners to protect their property as the railroad had nothing to do with causing the damage or weakening the structures. The Southern Pacific can not continue to reduce the level of service and efficiency to our customers by maintaining unneccessary slow orders. Therefore, please be advised that as of June 14, 1993, we will resume normal train speed and operations through the City of Woodburn. I hope you agree that we have made every reasonable effort to respond to the city's requests. Please contact me if you would like to discuss this further or if you have any questions~ C. C. Cabe Manager of Facilities Design cc: G. S. Mansour - Monterey Park W. E. VanHook - Denver M. J. Fjordbeck - Law Department, Portland J. K. Young - Oakland 15C MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Director'~~ Agripac Annexation Issue June 10,1993 RECOMMENDATION: It is requested that a special meeting be held on June 21, 1993 at 7:00 pm to discuss the Agripac Annexation Proposal. BACKGROUND: A proposal that could allow Agripac Corporation property to be annexed to the city has been received by the city staff. Legal and administrative issues concerning this proposal need to be addressed by staff and the city attorney before staff can prepare proper recommendation for council's consideration. Some additional clarifications regarding the proposal still need to be provided by Agripac. Because of these outstanding issues, additional time is needed for a meaningful discussion by the council. Therefore, a special meeting of the council on June 21, 1993 is requested. AGR I COUN .MTG MEMO TO: FROM: RE: M AYORANDCITYCOUNCIL N. ROBERT SHIELDS, CITY ATTORNEY STONEHEDGE PROPERTIES, INC. v. CITY OF WOODBURN, MARION COUNTY CIRCUIT COURT NO. 93C10646 DATE: JUNE 8, 1993 On March 3, 1993, Stonehedge Properties, Inc. filed suit against the city in Marion County Circuit Court. The complaint demanded that the city return a park development fee ($16,800) with interest at the rate of 9% from July 11, 1991. In response to the complaint, I filed eight motions to dismiss on the city's behalf. The main grounds for these motions were that (1) since the case involved a "land use decision", the Circuit Court had no jurisdiction and, (2) even if the court had jurisdiction, the time limit on filing an action against the city had expired. On June 2, 1993, the Honorable Duane R. Erstgaard, Marion County Court Judge, granted the city's motions and dismissed the case. If Stonehedge chooses to appeal the matter, it will have 30 days after entry of the judgment in which to file a notice of appeal. NRS/kv Attachment DUANE R. ERTSGAARD Circuit Judge Room 259 (503) 588-5051 CIRCUIT COURT OF OREGON THIRD JUDICIAL DISTRICT MARION COUNTY COURTHOUSE RO. BOX 12869 SALEM, OREGON 97309-0869 .,A, REC'D JUN 7 1993 WOODBURN CiTY ATTORNEY I bl.J June 2, 1993 Ms. Rose M.Z. Freeby Attorney at Law 280 Court Street NE Salem, Oregon 97301-3443 Mr. N. Robert shields Attorney at Law 270 Montgomery Street Woodburn, Oregon 97071 Re= Ston~hedge Properties vs C~t¥of Woodburn, No. 93C10646 Dear Counsel: ~ The above case comes before the Court on Defendant's ORCP Rule 21 Motions. Memoranda were filed, arguments were heard and the matter then taken under advisement. I have reviewed the arguments and authorities. It is my opinion that all of the arguments of Defendant are well taken. That is, I conclude that the case includes a "land use decision," that the time has run and that the motions to dismiss should be granted. Counsel for defendant shall prepare an order and judgment. Ver~ truly ~Our~, j _ Circuit Court J&a~ge DRE:jw I§E STAFF REPORT TO: Woodburn Mayor and City Council THRU: ~-~'hris Childs, City Administrator //~11 FROM: (~ ~///l~evin Holly, Director Recreation and Parks SUBJECT: Pool Renovation Project Update DATE: June 10, 1993 I have received a proposal for consultant services from Don Carey and Associates to perform the archi[ectural and engineering phase of the pool renovation project. Don Carey and Associates are from Bellevue, Washington and specialize in remodeling projects on Older pools. Mr. Carey made a presentation to the Woodbum Pool Committee on Sunday, May 23rd.. At this time he apprised the Pool Committee of several remodeling options. He also showed the Committee slides of several pool projects he has designed in both the United States and Europe. The proposal for services include a proposed scope of work, a listing of completed projects and a listing of references. Also included in his proposal is a time-line for planning and public input, architectural, engineering and construction. The proposed time line consists of presentation and public meetings through late summer, document preparation by September, bid procurement until October and the actual construction phase to begin in October 1993. These time lines will of course be adjusted according to the cities scheduling ability to agree on concepts and the secudng of necessary funds outside of the FEMA reimbursement. Because Mr. Carey and Associates specialize in pool renovation and because of the tight time schedule we are faced with, it is my inclination to enter into an agreement with Don Carey and Associates. I am in the process of confirming references, reviewing the technical and professional qualifications of Mr. Carey's associates and establish a fee structure. If all the references check out positively, I will proceed with developing a professional services contract with Don Carey and Associates and have our City Attorney review the document. I plan to have such an agreement ready for Council review by their next Council meeting. NH:swp MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Community Development Director Chappell Development Proposal June 9, 1993 It has been conveyed, by telephone, to this office that Chappell Development will not be pursing their proposal to build a 248,000 square foot factory outlet store in the north/west quadrant of the I-5 Interchange. Mr. Steve Russell, Attorney, representing Chappell Development, stated that Chappell is not in a position to be able to:proceed with this project. It appears that Chappell's financial position has been weakened by a downturn in the economy in southern California where this company is based. The result of this situation is that a commitment to proceed is not longer an option. Therefore the proposal is being withdrawn. MEMO TO: FROM: SUBJECT: DATE: Community Development Director Bob Arzoian, Building Inspector Building Activity for MAY, 1993 June 2, 1993 New Residence Value Multi Family Residential Adds & Alts Industrial Commercial Value Signs, Fences, Driveways Mobile Homes No. 4 52 12 MAY 1991 Dollar Amt $ 340,000 864,000 4s,850 2 28,000 I 1,787,000 8 7,000 7 241,000 MAY 1992 MAY 1993 No. Dollar Amt No. Dollar Amt 2 192,000 2 232,000 0 0 0 0 8 123,000 8 38,150 3 47,8OO 0 0 0 0 0 0 s 6,700 7 6,100 3 87,000 1 3S,O00 TOTAL: 87 $3,315,850 21 456,800 18 311,250 July 1Oune 30 Fiscal Year-to-Date ~17.065.350 9.784.891 9.839.931 Robert Arzoian Building Official F~:bw BLDACT05.9S MFMO TO: FROM: SUBJECT: DATE: Planning Commission and City Council through City Administrator. Code Enforcement Section Monthly Report for May, 1993 June 8, 1993 15H Code Enforcement responded to or self initiated 160 cases. There are 30 cases (previous months' violations) still under investigation which must be cleared by the court. CASES CLEARED CITATIONS 26 26 2 4 0 10 10 I 4 4 2 16 10 0 0 0 0 0 PUBLIC PROPERTY VIOLATION: These cases include storage of motor vehicles, boats, trailers, abandoned autos, etc. on public property. Vehicles TOWED due to a violation on public streets/property. PRIVATE PROPERTY ABATE NUISANCES: -. These cases include articles on private property labelled as junk, old cars, car parts, miscellaneous debris, wood, tires, any type of debris that lessens the aesthetics of property. HEALTH HAZARD: These cases involved solid waste products (garbage) and other refuse which creates a public health hazard and habitat for rats; also human defecation and open septic tank(s) related to housing problems. LAND USE VIOLATIONS: Involve Zoning ordinance violations such as single family unit being used as a multifamily unit, residential units operating as commercial businesses in a residential zone, traffic safety involving line of sight at intersections, and vehicle(s) being parked on landscaped areas. DANGEROUS BUILDING: Where building or structure has been so damaged by fire, wind, earthquake or flood or has become so dilapidated or deteriorated to become an attractive nuisance to children, vagrants or migrants affecting public health, etc. INDUSTRIAL WASTE: Was disposed of through the City's storm drain system. CASES CLEARED CITATIONS 24 20 6 0 0 0 ANIMAL CONTROL: These include but are not limited to dogs barkingfrunning at large, vicious/menacing animals, follow up cases-on animal control involving cruelty for Woodbum Police Dept. Dogs released to owners and payments of impound fees. Related duties involving livestock. CITY PARK VIOLATIONS: General rules and regulations affecting rules of conduct within Woodburn City Parks. 15H Settlemier Legion Community Park Park Center TOTAL-0 City Parks security checks (drive through) CO NTRACT CASES CUT 62 2 CITATIONS 0 OBNOXIOUS VEGETATION: This includes weeds, tall grass, poison oak, poisbn ivy, blackberry bushes and other vegetation located On private properties from May I through September 30. CASES 9 7 3 ASSIST OTHER AGENCIES: Such agencies as the Woodburn Police Dept, Woodburn Fire District, Marion County Health Dept, Marion County Housing Authority, Department of Labor and Industries, Accident Prevention Division, and Woodburn Builidng Department. MISCELLANEOUS VIOLATIONS: Public indecency, peddlers, no merchant's, business license, etc CARD 3 INCIDENTS: Involve Woodburn residents that are not violations but a Code Enforcement officer responds and assists.