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Agenda - 08/23/1993 SupplementlSUPPLEMENTAL AGENDA PA CKET CITY OF WOODBURN 270 MONTGOMERY STREET, WOODBURN, OREGON AGENDA WOODBURN CITY COUNCIL AUGUST 25. 1995 - 7:00 P.M. MINUTES: A. Council minutes of July 26, August 9, and August 11, 1993. lA B. Planning Commission minutes of July 22 and August 12, 1993. lB C. Library Board minutes of July 21, 1993. 1C D. Recreation & Park Board minutes of July 12, 1993. 1D 2. GENERAL BUSINESS A. Text of Youth Services Grant Agreement. STAFF REPORTS A. Draft ORS 190 agreement for 9-1-1 services. 3A Page 1 - Supplemental Agenda Packet - Woodburn City Council, August 23, 1993. TAPE READING 0001 0003 0022 0021 0053 0070 0093 COUNCIL MEETING MINUTES July 26, 1993 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARIONv STATE OF OREGONv JULY 26~ 1993. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kelley presiding. ROLL CALL. Mayor Kelley Present Councilor Figley Present Councilor Galvin Present Councilor Hagenauer Present Councilor Jennings Present Councilor Mitchell Present Councilor Sifuentez Present Staff Present: City Administrator Childs, City Attorney Shields, Public works Director Tiwari, Community Development Director Goeckritz, Finance Director Gritta, Park Director Holly, Public Works Manager Rohman, City Recorder Tennant MINUTES. JENNINGS/FIGLEY... approve the Council minutes of July 12 and workshop minutes of July 7, 1993. The motion passed unanimously. ANNOUNCEMENTS. A public auction has been scheduled for July 31, 1993, 8:00 a.m., City Hall parking lot, for the purpose of selling abandoned/surplus city property which includes bicycles, vehicles, and other miscellaneous property. National Neighborhood Night Out will be held on August 3, 1993 and local residents are encouraged to participate in this crime prevention program. CHAMBER OF COMMERCE REPORT. Susan King, Chamber Board member, stated that the Chamber is working on the final details of their annual auction which is scheduled for August 21, 1993 at the Woodburn Auction Yard. Chamber members are currently soliciting for donations and volunteers. LETTERS FROM LOCAL INSURANCE AGENTS RE: AGENT OF RECORD. Mayor Kelley stated that he had received three letters from local agents (Mendenhall Insurance, Scarborough Insurance, and Pacific Rim Agency) late this afternoon regarding the formation of a consortium to provide an Agent of Record service to the City. Page 1 - Council Meeting Minutes, July 26, 1993 COUNCIL MEETING MINUTES July 26, 1993 TAPE READING 0157 CONTINUATION OF PUBLIC HEARING - DANGEROUS BUILDING (237 N. .0430 FRONT STREET). The Mayor continued the public hearing at 7:07 p.m.. Community Development Director Goeckritz stated that BAHAI representative Jan Newhouse had advised staff that the loose bricks would be removed the weekend of July 24th, however, his personal observation was that the amount of bricks removed was inadequate for the purpose of removing the building from the dangerous building list. Councilor Jennings expressed his concern regarding the continued extensions be granted to property owners. Local residents and business owners in the downtown area are questioning when the repair work will finally be accomplished. HAGENAUER/JENNINGS... take 237 N. Front Street (BAHAI building) off of the dangerous building list. Councilor Sifuentez questioned the advisability of ~ak~ng this action prior to the work be accomplished. Community Development Director Goeckritz stated that leaving. the building on the dangerous building list insures the completion of the repair work. If the building was removed from the list, a public notice process would be required to place it back on the list. Attorney shields stated that the one of the issues involved in determining whether or not a building is dangerous is whether or not it will structurally collapse. Councilor Figley stated that some of the buildings were repaired quickly while others are taking more time for various reasons such as structural design or financial. She felt compelled to keep the buildings on the dangerous building list in order to insure their cooperation towards the repair of their buildings. After some further discussion on this issue, the vote on the motion was 2-4 with Mitchell, Figley, Sifuentez, and Galvin voting nay. FIGLEY/SIFUENTEZ... continue the public hearing until August 9, 1993, 7:00 p.m.. The motion passed unanimously. CONTINUATION OF PUBLIC HEARING - DANGEROUS BUILDING 573 N. lA FRONT STREET (POOL HALL). Mayor Kelley continued the public hearing at 7:16 p.m.. Community Development Director Goeckritz stated that the current situation regarding the repair of this building is not entirely the fault of the property owner. The property owners will still be required to meet current code and structural repairs will be made as to not jeopardize the adjoining structures. He recommended that this hearing be continued to August 23rd at which time the property owners should be well underway with the repairs. Page 2 - Council Meeting Minutes, July 26, 1993 TAPE READING 0547 0611 0655 COUNCIL MEETING MINUTES July 26, 1993 Following a brief discussion, JENNINGS/FIGLEY .... public hearing be continued until August 23, 1993, 7:00 p.m.. motion passed unanimously. The CONTINUATION OF PUBLIC HEARING - DANGEROUS BUILDING 479 N. FRONT STREET (SMART SHOP). Mayor Kelley continued this public hearing at 7:21 p.m.. Director Goeckritz stated that the property owner has secured a Small Business Administration loan and he has contacted Triplett & Wellman Contractors, Inc. to repair the building. It is anticipated that the building will be completed within the next.six weeks. He recommended that this hearing be continued until August 23, 1993. JENNINGS/FIGLEY .... continue the public hearing until August 23, 1993 at 7:00 p.m.. The motion passed unanimously., Councilor Jennings questioned the status of the Salud Medical Clinic building. Director Goeckritz stated that he had recently spoke with Executive Director A1 Nunez on the status of this building, however, it was still unknown as to what the Clinic's plans are as of this date. Administrator Childs stated that the continuation of the public hearing on this particular building will be held in August. pUBLIC HEARING - STORM WATER SYSTEMS DEVELOPMENT CHARGE AND TI~%FFIC IMPACT FEE. Mayor Kelley declared the public hearing open at 7:24 p.m.. Public Works Director Tiwari stated that the City currently has Water, Wastewater, and Park system development charges which have been in place for a number of years. Oregon State law also allows for system development charges for storm water and transportation (traffic impact). He stated that system development charges can only be assessed to buy into the capacity of a system either an existing one or one to be built. He also recommended that after the testimony is presented to the Council at this meeting, the public hearing be continued until the next regular meeting so that a draft ordinance can be prepared based on Council policy issues discussed at this meeting. The public would then have an opportunity to present additional testimony on the SDC charges based on the policies addressed in the draft ordinance. A legal question was directed towards City Attorney Shields regarding the preparation of an ordinance prior to the close of the public hearing. Attorney Shields stated that a draft ordinance could be prepared, however, Council action on the ordinance should be delayed until the meeting following the public hearing. Don Garter, Consultant, summarized the methodology report which Page 3 - Council Meeting Minutes, July 26, 1993 COUNCIL MEETING MINUTES July 26, 1993 TAPE READING 2167 was presented to the Planning Commission for their review and to the Council at their July 7th workshop. He stated that the Traffic Impact Fee would provide a portion of the funding for future roads only and it is recommended that the fees be phased-in over a three year period. The first year would be 50% of the maximum allowable charge, the second year would be 58% and the third year 66%. Director Tiwari stated that establishing the fees is one of the policy issues to be addressed by the Council. Other issues include 1) Payment of charges, 2) Alternative traffic impact fee or system development charge rates, and 3) credits against the traffic impact fee or storm water system development charge. It was noted that the payment of charges over a five year period only applies to fees which exceed $100,000 and interest would be charged on any unpaid p~incipal balance. ' Mr. Ganer reviewed the staff report exhibits which provided various land use categories, the maximum allowable traffic impact fee, and the cost breakdown by each percentage level as recommended by staff. It was noted that the storm water system development charge is based on increments of 500 feet and rather than specific categories of land use. He also compared system development charges from other surrounding cities and counties to the recommended charges. Preston Tack, 2197 Camilla Way, requested clarification on how the shortage of dollars will be made up to construct all of the improvements required under the proposed Transportation Plan. He expressed his concern regarding the need for the existing property owners to come up with the difference in construction costs. Floyd Lenhardt stated that he has owned a local business for 31 years and his concern is that small businesses will suffer from the proposed charges. Small businesses will be unable to get started due to the high fees, therefore, jobs will be affected. Those who can afford to pay the fees will be the big corporations. He also stated that the State legislature is proposing a 3 cents per gallon fuel tax increase of which 40% will be given back to the cities. He suggested that those additional funds be used to fund street improvements. Gilbert Flaughers, 1352 Astor Way, stated that the impact fee was not fair to the existing property owners and the amount charged to new development should be 100% of the maximum allowable fees. Jay Equall, 1705 Tomlin, expressed his concern regarding the long-range impact to the City property owners. He suggested that these fees are prejudice against small businesses and the schools. He also suggested that the Task Force and City re- evaluate the Transportation Plan to arrive at a more equitable funding source. Public Works Director Tiwari stated that a letter was received Page 4 - Council Meeting Minutes, July 26, 1993 lA TAPE READING Tape 2 0433 COUNCIL MEETING MINUTES July 26, 1993 from Terry Will expressing concern regarding prior system development charges not being paid back through the subsidy program. In his opinion, this coupled with the shortage of estimated revenues in city gas tax and hotel/motel tax funds would be insufficient dollars necessary to pay for long-range construction projects. He suggested further research be made into different financial alternatives to raise necessary construction funds. Director Tiwari answered questions raised by the individuals and reiterated that the Transportation Plan forecasts for 20 years and collection of fees at this time will help fund those future projects outlined in the Capital Improvement program. The Task Force has only looked at the I-5 interchange area and will still need to look at the rest of the city's transportation flow before the Transportation Plan ~s ' completed. He also reviewed the estimated total cost for capital improvements and how much funding could be realized'~o from system development charges, state funds, and other city sources. He reiterated that each development, whether housing, commercial, or industrial, would be charged the same proportion as the traffic load generated. During a brief discussion on charges imposed by other cities and counties, Mr. Garter stated that some communities have placed a cap on charges for certain developments but he did not recommend this type of approach due to potential legal challenges. JENNINGS/FIGLEY...continue the public hearing until the next regular meeting. The motion passed unanimously. COUNCIL BILL 1485 - ORDIN~qCE ANNEXING AND RECLASSIFYING CERTAIN PROPERTY LOCATED ON T~E F~ST SIDE OF BOONES F~k~Y ROAD NORTH OF T~ HIGH SCHOOL FROM I~.RION COUNTY URBAN 0507 TRANSITION ZONE TO RESIDENTIAL SINGLE FAMILY. Council Bill 1485 was introduced by Councilor Hagenauer. Recorder Tennant read two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, council Bill 1485 passed unanimously. Mayor Kelley declared the bill duly passed. COUNCIL BILL 1486 - ORDINkN~E C~NTIN~ PORTL~ND CENER~L ~LECTRIC A NON-EXCLUSIVE FRANCHISE TO OPERATE A ELECTRIC LIGHT lA AND POWER BYSTEM WITHIN THE CITY. Council Bill 1486 was introduced by Councilor Hagenauer. The two readings of the bill were read by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1485 passed unanimously. Mayor Kelley declared the bill duly passed with the emergency clause. Page 5 - Council Meeting Minutes, July 26, 1993 TAPE READING COUNCIL MEETING MINUTES July 26, 1993 lA 0553 COUNCIL BILL 1487 - RESOLUTION ESTABLISHING THE 1993-94 NON- 0587 0597 0650 UNION EMPLOYEE COMPENSATION PACKAGE. Council Bill 1487 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, the bill passed unanimously. Mayor Kelley declared Council Bill 1487 duly passed. REQUEST FOR STR~T CLOSURE AND SOUND AMPLIFICATION PERMIT - C~AZY DAZE ACTIVITIES. The Woodburn Downtown Association has requested permission to close the City downtown parking lot and First Street from Garfield south to Grant Street on July 31st between 7:00 a.m. and 6:00 p.m. to conduct numerous events associated with. Crazy Daze. Additionally, a sound amplification permit was requested for the races and talent show to be held at that location. The Police Department recommended approval of the.. requests. JENNINGS/FIGLEY... request for street closure and use of sound amplification equipment be approved. The motion passed unanimously. CLAIMS FOR THE MONTH OF JUNE 1993. SIFUENTEZ/GALVIN... approve voucher checks #19090 - 19518 for the month of June 1993. The motion passed unanimously. LETTER FROM WOODBURN FIRE DISTRICT RE: EXTENSION OF BOND PAYMENT. Administrator Childs read a letter from Board Chairman Neal Reiling requesting a one. month extension in making their annual general obligation bond payment to the City due to a shortage of cash flow until the property tax monies are received by the district. Administrator Childs stated that he and Finance Director Gritta have reviewed the request and would recommend that one half of the annual interest ($3,150) be paid by September 15th which is the annual due date and the remaining principal and interest balance ($48,150) be paid no later than October 15, 1993. With this arrangement, the City would lose approximately $157 in interest earnings. He suggested that if approved, this agreement be for one-time only. JENNINGS/HAGENAUER .... accept the Administrator's recommendation and accept the one-month delay for this one- time only. The motion passed unanimously. 0799 SITE PLAN REVIEW - FLEETWOOD HOMES EXPANSION. Community Development Director Goeckritz stated that the proposed expansion has been approved by the Planqing Page 6 - Council Meeting Minutes, July 26, 1993 COUNCIL MEETING MINUTES July 26, 1993 TAPE READING Commission and would include a 5,000 square foot addition to the facility and site improvements such as paving the parking areas. The Council took no action on this issue. 0829 PUBLIC CONTRACTING PROCEDURE. City Attorney Shields provided the Council with a memo on the question of property insurance renewal through the City's Agent of Record and its relationship to the Contract Review Board rules. Mayor Kelley questioned whether or not the City had an Agent of Record since the contract on file is with Alexander & Alexander, Inc. who in December 1992 turned our account over to Durham and Bates. He expressed his opinion that the City must advertise for a new Agent of Record. Attorney Shields stated that he had written his memo based on what he thought the issue was at the last meeting, ~ow~ver, the Agent of Record issue now being addressed by the Mayor is different and he would have to do additional research on this issue in order to provide a legal opinion. Following some additional discussion on this issue, it was the consensus of the Council that Attorney Shields provide an opinion on whether or not the City has a legal Agent of Record. 1445' WATER CONTAMINATION REPORT - UPDATE ~$. Public Works Manager Rohman advised the Council that the coliform bacteria problem in the Country Club Road area has been resolved. It did require extra chlorination and all samples are now negative. Public notices will still need to be sent to all water customers advising them of the incident no later than August 2, 1993. 1648 MID-YEAR REVIEW OF GOALS. Administrator Childs reviewed his memo which outlined numerous goals and the status of those goals. No action was taken by the Council on this report. 1980 Councilor Figley stated that a group of individuals had met last Wednesday to discuss the status of the downtown business district and ways to improve the area. Results of the meeting were favorable with creative and productive ideas being discussed. The next Woodburn Comeback Campaign meeting will also discuss this issue and the Council will receive a staff report on the progress of the group at a later date. 2100 Administrator Childs commended Public Works Manager Rohman for the way in which he has handled public relations side of the water contamination issue. He also thanked the community- spirited group which provided a luncheon for city and Fire District employees a luncheon on Friday, July 23rd. Page 7 - Council Meeting Minutes, July 26, 1993 TAPE READING 2206 COUNCIL MEETING MINUTES July 26, 1993 Councilor Jennings also expressed his appreciation to the group for providing the luncheon. He stated that lunch breaks were alternated so all employees had an opportunity to attend. Organizers of the function also obtained donations from local community organizations and businesses for door prizes. ~DJO~RNMENT. The meeting adjourned at 9:40 p.m.. APPROVED LEN KELLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, July 26, 1993 TAPE READING 0001 0003 COUNCIL MEETIN~ MINUTES August 9, 1993 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 9, 1993. The regular session of the City Council meeting was not convened due to a lack of quorum. ROLL CALL. Mayor Kelley Present Councilor Figley Present Councilor Galvin Absent Councilor Hagenauer Absent Councilor Jennings Present Councilor Mitchell Absent Councilor Sifuentez Present Staff Present: City Administrator Childs, city Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Finance Director Gritta, Park Director Holly, Public Works Manager Rohman Mayor Kelley advised the public at approximately 7:10 p.m. that the meeting would not be held due to a lack of a quorum. No action was taken by the Councilors present at the meeting. lA APPROVED LEN KELLEY, MAYOR ATTEST Mary Tennant, Recorder city of woodburn, Oregon Page 1 - Council Meeting Minutes, August 9, 1993 lA COUNCIL MEETING MINUTES August 11, 1993 TAPE READING 0001 0070 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGONt AUGUST 11t 1993. CONVENED. The Council met in special session at 7:00 p.m. with Mayor Kelley presiding. 0077 ROLL CALL. Mayor Kelley Present Councilor Figley Present Councilor Galvin Absent Councilor Hagenauer Present Councilor Jennings Present Councilor Mitchell Present Councilor sifuentez Present Staff Present: City Administrator Childs, city Attorney Shields, Finance Director Gritta 0131 0135 0161 MINUTES. JENN~NGS/FIGLEY... move the Council retire to executive session. The motion passed unanimously. Under authority of ORS 192.660 (1) (h), the Council retired to Executive Session at 7:06 p.m. and reconvened at 7:45 p.m.. 0200 0220 GENERAL BUSINESS. FIGLEY/MITCHELL...move that the assignment of the Alexander & Alexander contract to Durham & Bates be acknowledged by the City Council and Durham & Bates be recognized as Agent of Record for the balance of the unexpired contract through June, 1994, and that the bid previously accepted by the city Council from the iow bidder, Chubb Insurance, be adopted without qualification by the City Council and that the Administrator be instructed to pay the premium to Chubb accordingly. The motion was approved unanimously. ADJOURNMENT. The meeting adjourned at 7:48 p.m.. APPROVED LEN KELLEY, MAYOR ATTEST Mary T~nnant, Raeordar City of Woodburn, Oregon Page 1 - Council Meeting Minutes, August 11, 1993 lA COUNCIL MEETING MINUTES August 11, 1993 TAPE READING 0001 0070 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 11, 1993. CONVENED. The Council met in special session at 7:00 p.m. with Mayor Kelley presiding. 0077 ROLL CALL. Mayor Kelley Present Councilor Figley Present Councilor Galvin Absent Councilor Hagenauer Present Councilor Jennings Present Councilor Mitchell Present Councilor Sifuentez Present Staff Present: City Administrator Childs, City Attorney Shields, Finance Director Gritta 0131 0135 0161 MINUTES. JENNINGS/FIGLEY... move the Council retire to executive session. The motion passed unanimously. Under authority of ORS 192 660 (1) (h), the Council retired to Executive Session at 7:06 ~.m. and reconvened at 7:45 p.m.. 0200 0220 GENERAL BUSINESS. FIGLEY/MITCHELL...move that the assignment of the Alexander & Alexander contract to Durham & Bates be acknowledged by the City Council and Durham & Bates be recognized as Agent of Record for the balance of the unexpired contract through June, 1994, and that the bid previously accepted by the City Council from the low bidder, Chubb Insurance, be adopted without qualification by the City Council and that the Administrator be instructed to pay the premium to Chubb accordingly. The motion was approved unanimously. ADJOURNMENT. The meeting adjourned at 7:48 p.m.. APPROVED LEN KELLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - Council Meeting Minutes, August 11, 1993 Executive Session COUNCIL MEETING MINUTES August 11, 1993 la DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 11, 1993. CONVENED. The Council met in executive session at 7:06 p.m. with Mayor Kelley presiding. ROLL CALL. Mayor Kelley Present Councilor Mitchell Present Councilor Figley Present Councilor Galvin Absent Councilor Hagenauer Present Councilor Jennings Present Councilor Sifuentez Present (1) Executive session under the authority of ORS 192.660(1) (h). Staff Present: City Administrator Childs, City Attorney Shields, Finance Director Gritta. City Attorney Shields provided the Council with a status report concerning legal rights and duties of a public body in regard to litigation likely to be filed and the Council discussed this information. ADJOURNMENT. The executive session adjourned at 7:45 p.m.. APPROVED ATTEST Mary Tennant, Recorder City of Woodburn, Oregon LEN KELLEY, MAYOR Page 1 - Executive Session, Council Meeting Minutes, August 11, 1993 lB MINUTES WOODBURN PLANNING COMMISSION J U LY, 22, 1993 2) 3) 4) S) ROLL CALL: Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Staff Present: Mr. Johnson Absent Mrs. Warzynski Present Mrs. Henkes Present Mrs. Bjelland Present Mrs. Grijalva Absent Mr. Pugh Present Mr. Bauer Present Mr. Stovall Present Steve Goeckritz, Community Development Director" MINUTES: The Planning Commission minutes of June 24, 1993 were accepted as written. The City Council minutes of June 21, 1993 were accepted as presented. BUSINESS FROM THE AUDIENCE: None COMMUNICATIONS: None PUBLIC HEARINGS: A. Jerine Estates Replat #93-01 Staff read the necessary statement to open the public hearing. Staff stated that the applicant wished to replat a nine lot subdivision into a five lot subdivision. It is located adjacent to Hayes Street, north of Nellie Muir School and west of Smith Drive. The applicant wished to have 24 foot wide private driveway to access all PCM722.93 SG:bw lB five lots. Staff recommended approval of this application subject to conditions listed in the staff report. Warren Grim, applicant, representing his sister Phyllis Gregory, of Portland, stated that the reason the original subdivision was not developed as originally planned was that no one was interested in it. Commissioner Henkes asked if the applicant was going to build on the lots or sell the lots. Mr. Grimm answered that they would be sold to prospective builders. Vice Chairperson Warzynski asked if there was anyone who wished to speak for this proposal. There were none. She then asked if there was anyone who wished to speak against this proposal. Maxine Impeg, 1150 W. Hayes, stated that 35 years ago she built her. ho, me there since that time it has become a highly dangerous, busy street. She felt that five more houses would add to the traffic already on Hayes Street. She asked if the houses would be one or two story homes? How is the turnaround in the private driveway to return to Hayes Street? Carl Lacey, 1250 W. Hayes, stated that he was also concerned about the traffic that would be increased on Hayes Street. Victor Georgio, stated that the addition of these houses would be to many houses. Mr. Grimm, applicant, stated that further west on Hayes Street is a large lot that he heard was going to be built into multi family units. He felt that this would bring in much more traffic than the five lots he wished to replat. Commissioner Bauer, asked if there was opposition back when the original nine lots were approved. Mr. Grimm answered that no he could not recall any opposition. Commissioner Pugh asked staff if it could be further subdivided. Staff answered no. The normal lot size is 6000 sq. ft. He stated that these lots are from 9000 to 14,000 sq. ft. He felt that it is very unlikely that any of these lots would be subdivided due to the lot configuration and limited access. He stated that at this time this propertay is a nine lot subdivision. If this request is denied by PCM722.93 SG:bw lB 6) the Commission, the applicant could build nine houses on the nine lots already approved. If the request is approved, there would only be five houses. Mr. asked what kind, type of homes would be built on these lots. Staff answered that the Commission nor the staff has any control over the kind or type of homes built. Vice Chairperson Warzynski closed the public hearing. Commissioner Pugh made the motion to approve this replat #93-01 with conditions listed in the staff report. Commissioner seconded the motion. Passed unanimously. DISCUSSION: A. Senior Estates Neighborhood Association Update No one from SENA was in attendance at this time. No communication was received from Mr. Wally Lien, the SENA attorney. Vice Chairperson Warzynski asked if the Commission could have something in print regarding neighborhood associations. Staff answered that a pamphlet from the City of Salem was a generalized concept of what a neighborhood association can and cannot do. This would be incorporated into their next packet. Commissioner Pugh asked that city officials give their input. Commissioner Bauer read into record two paragraphs regarding the SENA. "...the Senior Estates Board of Directors addressed the subject of forming a neighborhood association. After discussion on the matter, a voice vote of the directors was taken the result of the vote was that further study and discussion appeared necessary .... ?" No further official information from the board. There are two other senior estates citizens group that have lobbied the city on behalf of some members of the senior estates. SENA is not the only group wishing to speak for the senior community. Those two groups are the Citizens Action Committee and the Senior Estates Information Forum." PCM722.93 SG:bw lB Staff stated that the neighborhood association information would be in the next packet. B. Discussion of Conditions of Approval of Seventh Day Adventist Church Commissioner Pugh asked staff if someone from the church was going to be at this discussion. Staff answered that due to an error no one was contacted. Commissioner Pugh asked that this discussion be postponed until a representative from the church could be present. He did express his own concerns about the progress of the property. He stated that it was his recollection that the Commission had ask that the property improvements be done as soon as possible. He stated that he had not seen any improvements until about 3 weeks ago. He stated that his point was that he felt a time schedule should be created, not just say as soon as possible. Staff stated that the Commission could not go back and impose the conditions. What the can be done is request that they cooperate with the Commission's request. Commissioner Pugh stated that in the future a date certain time schedule be set for improvements. Commissioner Bauer stated that he recalled from the minister's presentation was that they had priorities listed and that the external work would take precedence over the refurbishing of the interior. He stated that he drove by and that it looks like it did at the time of the approval. He asked if there was anything that could keep the Commission from putting a termination on the improvement conditions. Staff stated that Mr. Halter had information that might be of interest regarding this issue. Mr. Halter stated that the church had a sale pending on their property located on Laurel Ave. That sale fell through. Staff stated that he would bring to the Commission a determination from the City Attorney as to the just how much flexibility the Commission has on conditions. C. Senecal Estates Phase Ill - Reduction of Road Width Staff stated that this request has been withdrawn at this time. PCM722.93 SG:bw 4 7) 8) 9) REPORTS: A. Property Line Adjustment #93-02 - Richard Halter Staff stated that due to the need for more property, a lot line adjustment was made. Administrative approval was granted subject to the conditions listed in the staff report. B. Property Line Adjustment #93-03 - Mike Hodge - David L. Trapp & Associates for Ayesh Shanah Staff stated that the applicant wished to expand his parking lot and have access to the property from Hwy 99E. Administrative approval was granted subject to the conditions listed in the staff report. Building Activity June 1993 Code Enforcement Activity June 1993 There was some discussion regarding the over crowding of homes which the Code Enforcement Officer has cleaned up. BUSINESS FROM THE COMMISSION: None ADJOURNMENT: lB PCM722.93 SG:bw lB MINUTES PLANNING COMMISSION MEETING AUGUST 12, 1993 1) 2) 3) ROLL CALL: Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Mr. Johnson Absent Mrs. Warzynski Present Mrs. Henkes Present Mrs. Grijalva Absent Mrs. Bjelland Absent Mr. Pugh Present Mr. Bauer Absent Mr. Stoval Present Staff Present: Steve Goeckritz, Community Development Director Teresa Engeldinger, City Planner MINUTES: The Planning Commission minutes of July 22, 1993 were approved as written. BUSINESS FROM THE AUDIENCE: Ron Thompson, 221 Jerome Ave, Silverton, OR 97318, of Tomco Landscape Design, Silverton, stated that now is the time to present a plan to put street trees along Hwy 99E. He felt that street trees would help to make Hwy 99E a more pleasing site. He went over some different types of trees that would be suitable for this type of landscaping. Staff suggested that the if the Commission so wished they could send a letter to the City Council informing them that the Commission is requesting that property owners adjacent to Hwy 99E make a conscious effort to plant a particular type of tree and request their cooperation. Commissioner Henkes asked Mr. Thompson how wide would this particular tree canopying. Mr. Thompson answered that they get about 8 feet wide. There was some further discussion among the Commissioner members regarding this suggestion. PCMIN8/12/93 1 SG:bw lB 4) 5) 6) Commissioner Stoval moved that a letter be sent to Council and letters sent to the property owners suggesting they voluntarily plant trees to go along with this program. Commissioner Pugh seconded the motion. A vote was taken and the passed unanimously. COMMUNICATIONS: A. Letter to Keith Robinson, School Superintendent, from City Staff Staff stated that this was in regards to the prehistoric bones that were found in the Mill Creek area about four years ago. There is the possibility of a potential dig in this area within the next year. PUBLIC HEARINGS: None DISCUSSION: Ao Commissioner Pugh's concerns regarding the Seventh Day Adventist Church in west Woodburn. Staff stated that at the time of the original hearing the Commission did not set a time limit for the completion of the conditions of approval. The Commission cannot go back and put a time frame on completion of the conditions of approval, but it was a condition of approval, therefore if the conditions are not met the Commission can withdraw approval. The applicant, Pastor Isaac Long, Seventh Day Adventist Church, 782 Willow Ave, he stated that the church had done all it could to fulfill the conditions of approval. He stated that the carpet and pews cannot be installed due to the roof leaking. It is going to cost $100,000.00 for the roof. He stated their old church has not been sold like they had thought. He stated that as soon as the old church is sold all the conditions could be met. Commissioner Pugh asked if the old church is listed at this time? He ask for information as to when the church was listed. Commissioner Warzynski asked about the high weeds around the church in West Woodburn. PCMIN8/12/93 SG:bw lB Pastor Long stated that the weeds had been cut down. There was some further discussion on the sale of the old church. Commissioner Stoval asked if the applicant could come back in a couple of months and give the Commission an update on the progress of the sale of the old church. Staff stated that would be appropriate, November 11, 1993 would be an appropriate time. The applicant thanked the Commission and stated they would keep the Commission informed. Holiday Inn Express Conditions of Approval and Alternative Design Staff stated that one of the conditions of the Holiday Inn approval was the access point onto Highway 214. The applicant worked hard on getting the agreement for the closure of one of J's Restaurant and one at Wendy's. This agreement fell apart. So an alternative design was created that meets everyone's approval. Evergreen Road would be extended north. When Highway 214 is widened J's and Wendy's driveways would be closed with alternative driveway access points onto the Jenson's property which has access to the Evergreen Road extension. Senecal Estates Subdivision, Phase III The applicant wishes the Commission to approve a reduced street width of 30 feet. Public Works Staff recommended approval with the following conditions: No parking will be allowed on the narrower street. Provide a 60 foot roadway easements over lots 8 & 7 for a future connection to Butteville Road. 7) REPORTS: A. Astor Way Well House - Administrative Approval/Site Plan Review Staff stated that administrative approval had been given. The applicant has satisfied the landscape requirements. PCMIN8/12/93 SG:bw lB 8) 9) B. Crime Prevention through Environmental Design (CPTED) Teresa Engeldinger, City Planner attended a crime prevention at the Oregon Police Academy in Monmouth. She stated that the basic premise of the class were 1) Police involvement in the planning process, 2) the concept of "defensible space", 3) reduction of criminal activity or the opportunity for criminal activity. Commissioner Henkes asked if the Commission could actually tell someone how to design their building. Staff answered yes, for the safety and welfare of surrounding residents, etc. C. Neighborhood Association Information Staff stated that in the packet was the information the Commission members has requested at the last meeting. D. Kittleson & Associates Transportation Study - was handed out at the meeting. E. Code Enforcement Activity for July 1993. F. Building Activity for the July 1993. BUSINESS FROM THE COMMISSION: Commissioner Stoval inquired about the nursery owner on Hwy 99E, if he would be interested in getting involved in having trees on hand for this project. Staff stated that Jack Bigej of Al's Fruit & Shrub was interested in participating in this project. ADJOURNMENT: There being no further business the Planning Commission meeting adjourned. PCMINS/12/93 SG:bw 4 MINUTES MONTHLY MEETING QF WO_ODB~RN PUBLIC LIBRARY BOARD DATE: July, 21, 1993 ROLL CALL: Phyllis Bauer - Present Gloria Predeek - Present Nancy Bowman - Present Jean Weatherill- Excused Dorothy Jaeger - Present STAFF PRESENT: Linda Sprauer, Director Judy Coreson, Recording Secretary GUESTS: None CALL__.TQ ORDER: President Phyllis Bauer called the meeting to order at 12:05 PM. SECRETARY'S REPORT: The monthly Board minutes of May 26, 1993 were approved as submitted. A June monthly board meeting was not held because of a !ack of ~uorum. DIRECTOR'S REPORT: Monthly Statistics: The monthly statistics were self-explanatory. Linda discussed the 1992-93 fiscal year statistics. Activities: A list of activities was distributed to the Board. Judy Brunkal attended meeting to report on the Teen Summer Reading program, "Reading...That's Entertainment". Activities include reading books and magazines, movie poster contest, skateboarding demonstration, 3 mystery jar contests, t-shirt tie dying, fashion show, and an ice cream feed and grand prize drawing for the finale. "Food For Fines": The library is sponsorin~ a "Food For Fines" food drive for the Woodburn Area Crisis Center. For each item brought in, the librarian will reduce fines by S1.50: 2 items, $3.00, etc. Food must be delivered to the library. QLD BUSINESS: Earthquake Repair: Actual- work to make these repairs may not begin before October. The library may have to close for a week or more to hmve t~e books and shelving moved for the carpet to be taken up; cracks repaired~ new carpet put down~ and the books and shelving replaced. The FEMA funds wilt pay 75% of the cost of most of the repairs. Water Damage Repair: ordered and received. still need to be done. New ceiling tile has been Other repairs and painting NEW. BUSINESS: PNLA Conference: The Pacific Northwest Librmr~, Association Conference ~ill be held in Kmlispello Montana August 11-14. New McMinnvilee Library Director: Rose Marie Caughran is retiring and will be replaced by Anne Getman August 16th. Election of Officers: The Board decided to continue with the same officers for the coming year: President - Phyllis Bauer: Vice President - Gloria Predeek; Corresponding Secretary - Jean Weatherill. BU_S.I_N E SS__. TO/FROM_ THE CITY COUNCIL ~AND/OR MAYOR: None AQQQP~NM~N~: The meeting was adjourned at 1:15 PM. Respectfully Submitted, J/~dy ~oreson Recording Secretary Library Board Minutes - 7/21/93 2 1D MINUTES WOODBURN RECREATION AND PARKS BOARD REGULAR MEETING WOODBURN COMMUNITY CENTER JULY 12, 1993 CALL TO ORDER The meeting was called to order at 5:30pm by Chairman Larry Watson in the Woodburn Community Center. ROLL CALL Members Present: Larry Watson, Sue FoFana-Dura, Barbara Rappleyea, Lee Ehrens, Frank Anderson. Members Absent: Jack Mitchoff(ex) and David Ott (exe) Staff Present: Director Nevin Holly MINUTES None DIRECTOR'S REPORT Nevin reported that once again the Department was extremely busy. Our leisure programs were having good sign-up rates, particularly the field trips. Nevin indicated sign-up had already begun for Fall Soccer. Our sports camps, art in the park and specialty classes are all in full swing. Nevin indicated the Parks Maintenance crew has been extremely busy. In addition to their regular routine, Superintendent Pitt and his crew have been assisting with several special events. Nevin pointed out that the Director of the Drums of Fire, Larry Kriegshauser had complimented the work of the maintenance staff. YEAR ROUND SCHOOLING DROP-IN PROGRAM Nevin reported that we had received verification that we are going to be funded for our drop-in programs. The amount of the Grant is $35,250.00, however, we are awaiting final distribution of funds. The delay is due to the State Legislature not settling on dollar amounts to counties. Nevin said he is going ahead and advertising for part-time positions funded through the program so we will be ready to go with the program. WAR MEMORIAL POOL The temporary repairs have worked well. Superintendent Pitt reports water loss down to 4-6 inches per day. Nevin reminded the Board that this is a one year solution and that by next year at this time we will have major repairs completed. Nevin said that a contract for consulting and design services of Mr. Don Carey is close to being a reality. Chairman Watson expressed a belief that we should focus on the recreational aspects of pool and that he was not as concerned with designing a competitive pool. Nevin said during Mr. Carey's meetings with Page -2 Recreation and Parks Board Meeting Minutes July 12, 1993 the Pool Committee, the Park Board and the City Council a consensus could be reached as to designs, needs and cost analysis. CENTENNIAL PARK Nevin said Rotary total contributions to date had surpassed $35,000.00. Nevin also announced Rotary had agreed to in the coming year make Centennial Park its main fund raiser. Lee Ehrens reviewed lighting schematics that he had drawn up on Centennial. He also suggested we contact PGE regarding main hook-up and what requirements we will need from them. Nevin said he would contact PGE. Nevin also said he was waiting for road, parking, and drainage plans which are currently being prepared by David Trapp and Associates... BUSINESS FROM THE BOARD None ADJOURNMENT The meeting adjourned at 6:32pm. 2A STAFF REPORT TO: THRU: Mayor and City Council Chris Childs, City Administrator FROM: Nevin Holly, Director Recreation and Parks SUBJECT: Acceptance of Youth Services Commission Grant DATE: August 3, 1993 Tonight, by Resolution, the Council is being asked to accept a Marion County Youth Services Commission Grant in the amount of $35,250.00. The grant was written on behalf of the community to allow for a more extensive intersession recreation program to assist in meeting community needs as a result of the onset of year-round school in Woodburn. The grant was endorsed by the Woodburn School Distdct and by you prior to submitting on May 10, 1993. It has been said many times, both informally and in formal structure, that a key need in Woodburn is enhanced youth programming. These needs have been intensified over the past 3 years with the emergence of a gang sub-culture, and now by the presence of large numbers of unsupervised youth as a result of year round school. The grant will enable the Department to offer organized recreation drop-in centers. The centers will be staffed by program leaders and will be funded from grant proceeds. Additional revenues within the context of the grant will allow the Department to hire public school teachers who are on intercession to conduct intersession educational sessions as well. The first drop-in center is scheduled to open by September 1st at the Woodburn Community Center. The second drop-in center is scheduled to open November 1st and will be housed at the Recreation Room (JC Building) at Legion Park. If public demand does not necessitate the opening of the second center, then grant proceeds would be channeled into Community Center project. The hours of operation for the drop-in center are scheduled for 1:00pm to 6:00pm daily, Monday through Friday. The target population is 8 to 14 year old children. This is the age group that we feel will be likely to be home alone during intercession periods. The acceptance of this grant will allow the Department to move forward with establishing this much needed community program. NH:swp Contract for Services INTRODUCTION This contract is between Marion County, a political subdivi- sion of the State of Oregon, hereinafter called the COUNTY, city of Woodburn's Recreation and Parks Department, hereinaf- ter called CONTRACTOR. The CONTRACTOR agrees to provide the services as specified in Part II of this contract, for the period of July 1, 1993 through June 30, 1994. It is understood that this contract between the COUNTY and the CONTRACTOR is subject to the availability of local, state, and federal funds. This contract is for the period indicated and does not in any way commit the COUNTY to obligate funds for continuation of these services beyond the contract period. COMPLIANCE WITH STATUTES AND RULES The COUNTY and the CONTRACTOR agree to comply with the" provisions of this contract and all applicable federal, state, and local statutes and rules. Unless otherwise specified, responsibility for all taxes, assessment and any other charges imposed by law upon employers shall be the sole responsibility of the CONTRACTOR. Failure of the CONTRACTOR or the COUNTY to comply with the provisions of this contract and all applicable federal, state, and local statutes and rules shall be cause for termination of this contract as specified in sections concerning recovery of funds and termination. PAYMENT OF CONTRACT a. Contract amount The sum of $35,250 is the maximum payment amount obligat- ed by the COUNTY under this contract. The COUNTY agrees to pay to the CONTRACTOR at the rate of $35,250 for services provided under this contract. be Requests for Payment Payment will be made only for actual expenditures up to the maximum amount specified. The CONTRACTOR will submit quarterly reports of expenditures and request for funds in the format included in Part II of this contract, with the final quarterly expenditure report due no later than July 15, 1994. Se MODIFICATION OF CONTRACT Any alterations, variations, modifications or waivers of provision of this contract shall be valid only when they have been submitted in writing and approved by the COUNTY and the CONTRACTOR. The CONTRACTOR or the COUNTY may reduce or terminate this contract when state or federal funds are reduced or eliminated by providing to the respective parties written notice deliv- ered by certified mail. WITHHOLDING OF CONTRACT PAYMENTS Notwithstanding another payment provision of this contract, failure of the CONTRACTOR to submit required reports when due, or failure to perform or document the performance of con- tracted services, may result in withholding of payments under this contract. Such withholding of payment for cause shall begin thirty (30) days after written notice is given by the COUNTY to the CONTRACTOR, and shall continue un, iA the CONTRACTOR submits required reports, performs required services or establishes, to the COUNTY's satisfaction, that such failure arose out of causes beyond the control, and-' without the fault or negligence of the CONTRACTOR. RECOVERY OF FUNDS Expenditures of the CONTRACTOR may be charged to this contract only if they (1) are in payment, of services performed under this contract, (2) conform to applicable state and federal regulations and statutes, and (3) are in payment of an obligation incurred during the contract period. Unauthorized Expenditures and Excess Payments Any COUNTY funds spent for purposes not authorized by this contract and any payments by the COUNTY in excess of authorized expenditures shall be refunded to the COUNTY upon notification by the COUNTY. Contract Termination or Suspension In the event of termination of all or part of this contract 'as specified in Section 12 of Part I of this contract, COUNTY funds not earned at the date of termina- tion or cancellation shall revert to the COUNTY. AUDITS AND INSPECTIONS The CONTRACTOR shall permit authorized representatives of the COUNTY, State of Oregon, or the applicable audit agencies of the U.s. Government to review of the records of the CONTRACTOR as they relate to the contract services in order to satisfy e e audit or program evaluation purposes deemed.necessary by the COUNTY and permitted by law. REPORTING REQUIREMENT~ By signature on the contract, the CONTRACTOR grants the COUNTY, except where expressly prohibited by law, the right to reproduce, use and disclose for COUNTY purposes, all or part of the reports, data and technical information furnished the COUNTY under this contract. MAINTENANCE, RETENTION, AND CONFIDENTIALITY OF RECORD The CONTRACTOR agrees to establish and maintain records and statistics as follows: Financial records, which indicate the number of hours of service provided under this contract and other appropriate records pertinent to this contract shall be retained for a minimum of three (3) years after the end of the contract period. If there are unresolved audit questions at thee. nd of the three-year period, the records must be maintained until the questions are resolved. Client records shall be kept confidential in accordance with ORS 179.505, OAR 309-11-020, 45 CFR 205.50 and 42 CFR Part 2. 10. CIVIL RIGHTS AND REHABILITATION ACTS 11. The CONTRACTOR agrees to comply with the civil Rights-Act of 1964 and Section 504 of the Rehabilitation Act of 1973 as implemented by 45 CFR 84.4 which states in part, "No qualified person shall on the basis of handicap be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which received or benefits fromfederal financial assistance.'" INDEMNIFICATION, INSURANCE AND BONDING The CONTRACTOR shall hold and save harmless the COUNTY, its officers, agents, and employees from damages arising out of the tortious acts of the CONTRACTOR, its officers, agents, and employees acting within the scope of their employment and duties in performance of this agreement subject to the limitations and conditions of the Oregon Tort Claims Act ORS 30.260 through 30.300, and the Oregon Constitution, Article XI, Section 7. The CONTRACTOR shall maintain at all times comprehensive liability insurance, property damage insurance, and medical/professional malpractice if applicable, covering its activities and operations under this Agreement, and naming the COUNTY, its officers, agent and employees as additional named insurers. Such insurance shall be in 12. be Ce de the forms and amounts not less than set forth in ORS 30.270: $100,000 property damage per claimant, $200,000 all other claims per claimant, $500,000 all claims. The COUNTY shall be furnished a certificate of insurance and at least ten days prior written notice given to the COUNTY if the insurance coverage is canceled or reduced. Minimum limits required for medical/professional malprac- tice $1,000,000. The COUNTY, pursuant to applicable provisions of ORS 30.260 TO 30.300, maintains a self-insurance program which provides property damage and personal injury coverage. The CONTRACTOR, shall obtain and maintain at all times during the term of this contract, workers' compensation insurancecovering injuries to employees while carrying out employee duties under this contract. The CONTRACTOR shall provide° the COUNTY with evidence that it is a carrier-insured or self-insured employer in full compli- ance with the requirements of ORS Chapter 656, o~t~at it employs no persons Subject to the requirements of ORS 656, Workers' Compensation Coverage. The CONTRACTOR and the COUNTY agree that there is no relationship under this Agreement.except as specified herein. The COUNTY exercises no control over, is not responsible for the acts of, assumes no specific respon- sibilities to or for officers, employees or agents or the public in general, except as specified in this Agreement. TERMINATION All or part of this contract may be terminated by mutual consent of both parties; or by either party at any time of cause, upon sixty (60) days' notice in writing and delivered by certified mail. The CONTRACTOR or the COUNTY may also terminate all or part of this contract for the following reasons: a. Within ten (10) days notice, if funding to the COUNTY from federal, state, or other sources is not obtained or is not continued at levels .sufficient to allow for purchase of the ~ndlcated quantity and quality of services. The COUNTY will give more notice whenever possible. b. Within thirty (30) days notice, if federal or state regulations are modified or changed in such a way that the services are no longer allowable for purchase under this contract. 13. Ce Upon notice of denial, revocation or non-renewal of any licensee or certification required by law or regulation to be held by the CONTRACTOR to provide a service under this contract. Within thirty (30) days notice, if the CONTRACTOR fails to provide services, or fails to meet the performance standards as specified in Part II of this contract (or subsequent modifications of this contract, within the time specified herein or any extension thereof. ee If the CONTRACTOR fails to start services on the date specified by the COUNTY under Section 1 of PartI of this contract, or subsequent modifications to this contract. fe Failure of the CONTRACTOR or the COUNTY to comply with the provisions of this contract and all applicable federal, state and local laws and rules may be cause for termination of this contract. Such termination shall be without prejudice to any obligations or liabilities of either party accrued to such termination. WAGES CONTRACTOR shall pay all individuals performing work under this contract at least time and a half for all overtime worked in excess of 40 hours in any one week and for all work performed on legal holidays specified in ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime. PART II 14. CONTRACT FOR SERVICES The CONTRACTOR, for the sum specified below, agrees to perform the following type(s) and quantity of service, according to the performance standards listed below: 1) Description of Services: The Woodburn Youth Center will provide a safe haven with a structured format for hundreds of Woodburn youth between the ages of 8 and 13. The program will provide educational enhancement opportunities, academic programs and tutoring. 2) 3) 4) 5) Target Population and Number Served The program is designed to offer positive social and recreational opportunities for all children in the 8 to 14 years of age. (See Objectives and Activities in Exhibit A) Funding Mechanism, Rate and Time Period COUNTY agrees to pay CONTRACTOR the total sum of $35,250 for performance of those services provided hereunder. Payment to CONTRACTOR shall be paid by COUNTY at the rate $8,812.50 per quarter. Payment to be made within five (5) working days of receipt of the funds from the State. CONTRACTOR is obligated to make quarterly program and fiscal reports which will be due on October 15, 1993, January 15, 1994, April 15, 1994 and July 15, 1994. Forms for reporting are contained in Exhibit "B". Reporting requirements The organization will submit all required reports, documents and forms within the allotted time for their submission. Contract Amount The sum of $35,250 is the maximum amount obligated by the COUNTY to provide services under this contract. Approved as to Form~ Marion County Legal Counsel Department Head Approved as to Form: David Hartwig Contracts Coordinator MARION COUNTY BOARD OF COMMISSIONERS BY: Chairman, Randall Franke Commissioner Contractor Signature: Name: Title: Tax ID#: Date: Commissioner · Exibit A 2~ GOALS, OBJECTIVES, ACTIVITIES AND OUTCOME: Goal Statements 1. To provide a wholeness social setting for youth to spend free time during intercession periods. To reduce illegal and undesirable youth activities when youth are out of school. e To strengthen skills in math, language and social studies in remedial students. g To enhance creative study opportunity outside of school for community children. To strengthen and develop stronger net working and community' bonding between various agencies providing youth services. Se To increase drug and alcohol usage education, among Middle School children. Service Oblective Activities Provide leisure programming opportunities for at least 50% (600) youth during the course of the year. 1,2 Activities: Provide facilities where children can gather with adult supervision being provided and provide structural leisure programs which youth will return to enjoy. /,2 Provide activ'rties which involve both active and passive play. To provide cultural sensitive program supervision. To encourage the participation of all youth. 3,4 To provide intensified study opportunities for all students who desire to participate. Classes would involve science and nature, math enhancement skills and cross Cultural awareness programs. 5 To formulate a resource network linking together the Schools, the City and parent groups. · . 2A Page 2 Service Objective Activities (continued) 6 To provide comprehensive drug and alcohol awareness programs through Woodbum Together programs and sessions, and the Woodbum Police Department's DARE Program. To provide intensified drug and alcohol awareness classes to 250 targeted youth. Outcome 1,2, Target 8-14 year olds: Provide a recreationaVeducational outlet 3,4 to half of the K-8 children affected by year-round school. Have 600 children on a regular or semi-regular basis, visit the drop-in centers. This will be evaluated through parent surveys. Target analysis June 30, 1994. 2 Target 11-14 year olds: Decrease graffiti on public buildings, schools and parks by 40%. To be evaluated on June 30, 1994. Evaluation method: police, school and city records. 3,4 Target 8-14 year olds: Provide better retention rates and better grasping of subject matter in 100 students in need of remedial help. Evaluation method: (school records) June 30, 1994. 3,4 Target 8-14 year olds: Provide opportunity for 100 youth to participate in advance study curriculum with intercession teacher. Evaluation: (school records) June 30, 1994. 5 Provide an important youth networking station outside of school, bring together parents, school and other community organizations in their common goals. Evaluation: interview and survey June 30, 1994. 6 Decrease first on set of drug and alcohol usage among children in focus age categories by 10%. Evaluation method: Student drug and alcohol survey. Yearly survey. CEHTIFICAI OF:..INSUF{ANCE ......... 2A 6-30-92 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND l CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE C~C ~ DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE · [~0 ~ 550 POLICIES BELOW. S~T~4, .(~ 97308 COMPANIES AFFORDING COVERAGE c°""'~Y A NCtq3~ k'4ER.ICAN ~ ~ANY LETTER COMPANY B LETTER OVERAGES "~ ' TItI~ IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTEO BELOW KRVE BEENISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD ANY CERTIFICATE MAY BE ~ OR MAY PERTAIN. THE INSURANCE AFFORDEO BY THE POUClES~IBf:U I*'FcHUN EXeS AND CONO(I*ICNCS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE ~,EEN REDUCED BY PAID Ct. AIMS. X cc..s u,~ X occ.~ OWNER*~ & CONTRACTOR~ PROT. 2 1-15-93 mnso,~ov._,~w~., 1,000,000 .... :~ .~.~-. "~ ' 1,000,000 MED. Exl,et, U~ (,4~/me pemmi ~ AUTOMObiLE LL4,.BUJTY ~ AUTO ALL OWNED AUTOS SCHEDUCEO AUTOS HI¢~O AUTOS NON43WNED AUTOS GARAGE UABIMTY EXCESS UABIUTY UMBRELLA FORM OTHER THAN UM6REt!A FO~M EAC~ OCCURRENCE AGGREGATE COt4PENSATION A,NO EMPCO ¥~[R~;' LIAB~ITY STATUTORY tJ~qTS EACH ACC~ENT O~SE.,~SE--POUCY OI:SEA~E~CH EMPLOYEE OTHF. R a~..o, o~ o,.e~T,O.U, oc~*~o~s~u~--~ec~-rr~s ADO~"~CXeZ, ]~SU~: ~ ~ ~ O:; 20 05 11 85 AS P~ 1'0 ~CLNS OF ~ ~ RTIRCATE HOLDER . -'*, ,*.2~' - '~_-' LO0 I=xT~ ~ SAL~[, (/t 97301 3RD 2s-s (7/90) SHOUI~O ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEl. LEO ~EFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WIlL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEO TO THE LEFT. BUT FAILURE TO MA/L SUCH NOTICE SHALL IMPOSE NO O~IGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. AUTHOR(ZED R~PR£SENTATIVE- - OACORD CORPORATION 1990 ' -~ ~;OMMERCIAL GENERAL LIASIL~ POLICY NUN1BER: 37003CA00297 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED--CONTROLLING INTEREST Th~s endorsemenl mod,lies insurance provided under the Iollowing: COMMERCIAL GENERAL LIABILI I'Y COVERAGE PART. Name of Person or Organization: Marion Coun:y · ,~arion County Court Rouse 100 tigh SCzeet Salem, OR 97301 SCHEDULE (If no entry appears above, inlormation required to complele Ihis endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section Ii) is amended to include as an insured the person(s} or organiza- lion(s) shown in the Schedule. but only with respect to their liability arising out ol: a. Their linancial control o! you; or b. Premises Ihey own, maintain or control while you lease or occupy these premises. This insUrance does not apply to structural aUera- lions, new construction and demolition opera.: lions performed by or for {hat person or organiza- tion. 2A, .CG 20 05 11 85 Copyri§ld. Insura~ce Services OIlice. !nc.. 1984 3A TO: FROM: SUBJ.: DATE: MEMO Mayor and City Council Chris Childs, City Administrator ~ Draft ORS 190 Aqreement for 9-1-1 Services August 4, 1993 As Council will recall, a Council workshop was held on March 29, 1993 to meet with representatives of various agencies involved with the "NORCOM" 9-1-1 dispatch center operated by the city. A general concensus from the workshop was that local control over the center should be maintained and that the preferred method of accomplishing this was through creation of an ORS 190 agency to assume day;to-day operation of the center. This was followed up by a formal letter from the User Board, reviewed at the April 26, 1993 Council meeting, requesting the city's participation in the planning and implementation of an independent ORS 190 agency. Since that time, the 9-1-1 User Board has researched the format of a suitable intergovernmental agreement to accomplish the ORS 190 Agency concept. Several drafts of an agreement have been developed and reviewed, and both the Woodburn City Administrator and Chief of Police have been active participants in this process. Attached for your review is a copy of the most current draft of the proposed ORS 190 agreement. This draft is provided at this point strictly for discussion purposes and has not yet been reviewed on the city's behalf by our legal counsel. If you have any questions or concerns regarding the draft agreement, please feel free to convey them to either Chief Wright or myself. 3A INTERGOVERNMENTAL AGREEMENT FOR COMMUNICATIONS SERVICES DRAFT 07/29/93 THIS AGREEMENT is made and entered into by and between the Aurora Fire District, City of Aurora, City of Donald, City of Gervais, Police, Hubbard Fire District, City of Hubbard, Police, Monitor Fire District, Woodburn Ambulance, City of woodburn, Police, City of St. Paul, St. Paul Fire District and Woodburn Fire District. The aforementioned governmental units are parties to the agreement arising from the hereinafter stated recitals. WINESSETH: WHEREAS, the undersigned parties are desirous of establishing and maintaining a Public Safety Answering Point (PSAP) and consolidated co~t~Lunication center, and ' WHEREAS, ORS 190.010, otherwise known as the Intergovernmental Cooperation Act, authorizes the parties to agree" to the joint provision of cof~f~unications services, and creation of an agency to provide same; and WHEREAS, the establishment of said Agency will provide improved police, fire and medical aid service communications within the boundaries of the consolidated service area to the participating local governmental units, together with such other agencies as may hereafter contact with the undersigned for communication services in the manner hereinafter described, and WHEREAS, it is one of the objectives of said Agency to provide consolidated telephone, radio and alarm communications and dispatching services for participating police, fire and medical agencies, and WHEREAS, the establishment and maintenance of such services will be of substantial benefit to the citizens of the undersigned jurisdictions and the public in general. NOW THEREFORE, it is hereby agreed and covenanted among the- undersigned as follows: There is hereby established a cooperative communications facility to be hereafter known as NORCOM. Said Agency shall have the responsibility and authority, among others, for emergency service communications and functions incidental thereto, for the purpose of communicating and dispatching in the furtherance of public safety and emergencies within the aforementioned and contractual member jurisdictions. Supervision and management of said Agency shall be exercised by the Communications Director by autority of the NORCOM Policy Board, as hereinafter provided. SEC I - NORCOM POLICY BOARD The NORCOM Policy Board will consist of the following members: Be De One elected official from each governmental unit which is party hereto. One administrative staff member from- each governmental unit which is party hereto. One elected official/or administrative staff member' from each of those agencies served by the agency under contract as specified in Section I, item 3-H. Users, but not limited to Aurora Fire District City of Aurora City of Donald City of Gervais, Police Hubbard Fire District City of Hubbard, Police Monitor Fire District Woodburn Ambulance City of Woodburn, Police City of St. Paul St. Paul Fire District Woodburn Fire District Terms appointment to the NORCOM Policy Board shall be three years. ae Be Ce De Eo Fe The Board shall elect a presiding officer from its members. Said chairperson shall serve for a period of one year beginning July 1 of each year. Each agency shall have one vote, which may be exercised by the primary designees or alternate, but not a Board member representing a different jurisdiction by proxy. Decisions of the Board shall be made by majority vote of the entire member agencies. A quorum shall mean 51 percent or more of member agencies. The Chairman of said Board or four (4) member agencies may call meetings of same as necessary upon at least three (3) days prior written notice. There shall be at least one (1) meeting every'three (3) months. The Boards shall adopt such policies and procedures as may be necessary to the proper conduct of its business, consistent with this agreement. Unless otherwise provided, Robert's Revised Rules of Order shall govern all procedural matters relating to the business of the NORCOM Policy Board. The Board shall have the responsibility and functions as follows: A. Approve an annual budget to determine the projected cost to each participating governmental unit. B. Employment and/or termination of the Co~f~Lunications Director. Determining the compensation for the Director. C. Adopt , and/or amend Personnel Rules and Civil Service Rules. D. Enter into contracts with any person, firm or corporation, or any agency of government, as necessary, to acquire goods or services for the operation of the Con~unications Agency. Approval of operational priorities, policies, and procedures developed by the Director. Operational supervision of the Director. Conduct a system and administrative evaluation not less than once a year, directly or through a designated representative. Approve/terminate contracts to provide emergency service communications to any person, firm, corporation, local government or agency of government. Said contracts shall be on an annual basis and attached to this agreement as an addendum. I. Affirm the hiring or termination of NORCOM employees. SEC II - DIRECTOR There shall be a Director of NORCOM hired by the NORCOM Policy Board. The Director shall be the administrative head of the NORCOM, and shall be responsible for dispatching records, co~Lunications, security, and other communications center functions, in conformance with the policies established by the NORCOM Policy Board. The Director shall act as executive staff person for the NORCOM Policy Board and shall attend all meetings thereof; and shall give advice and assistance where requested by the NORCOM Policy Board. The Director shall serve as budget officer and shall prepare and present a proposed budget to the NORCOM Policy Board in accordance with the applicable State an local budget law and time tables. The Director shall recommend to NORCOM Policy Board hire and fire all personnel all hiring and terminations shall be subject to approval by the NORCOM Policy Board. The Director shall prepare, revise and modify standard operating procedures (SOP's) subject to the approval of the NORCOM Policy Board, prior to implementation. The Director shall administer expenditures of budgeted items for NORCOM subject to purchasing, expenditure and auditing policies established by the NORCOM Policy Board. SEC III - Personnel The Director shall submit to the NORCOM Policy Board a proposed personnel policies and procedures manual for the center for approval, rejection or modification. The personnel policies shall conform to current applicable state and federal statutory requirements. The personnel policies and procedures manual shall~ pTovide for initial appointment to the center's staff from the personnel participating jurisdictions pursuant to ORS 236.610. Additional~ and subsequent employees shall be appointed by the Director in accordance with the personnel policies and procedures manual, upon meeting qualifications established by the NORCOM Policy Board. SEC IV - Budget Fundina The proposed operating budget shall be developed by the Director and adopted by the NORCOM Policy Board. The NORCOM Policy Board shall forward to each member agency, a preliminary budget by the fourth Monday in January preceding the budget year. The NORCOM Policy Board shall adopt a final budget by the fourth Monday in March. The budget shall be di~tributedby the Director in adequate time for each member agency of the NORCOM Policy Board to make decisions and include the appropriate amounts in their annual budgets. The budget period shall be on the fiscal year basis beginning on the first day of July of each year and ending on the thirtieth day of June of the next succeeding year. Each member agency participating in cost sharing shall pay its share of the budget in twelve equal installments payable on or before the tenth of each month or quarterly payments due on or before the first day of the next quarter. Funding shall be based upon a cost sharing formula described below: 1) Excise tax collected on telephone exchange access services and distributed to participating local jurisdictions by the state as authorized by Chapter 533, Oregon Laws, 1981, shall be applied to the funding of the Communications Center. 2) It will be the responsibility of the NORCOM Policy Board to adopt a formula for distributing any cost of PSAP operation which exceeds annual State ETS (Emergency Telephone System) fu~dsT The formula shall recognize that member agencies may not all receive an equal amount of services from the PSAP. SECTION V - E~c~uipment The NORCOM Policy Board is responsible for providing and maintaining the basic equipment to serve the member agencies. This includes, but not limited to, the telephone system, both business and 9-1-1, CAD computer system, and radio co~L=t~unications. If a member agency wishes to add specific equipment to NORCOM to enhance their operation it must be authorized by the NORCOM Policy Board. Individual equipment added by a member agency must be purchased and maintained by that agency. The member agency and the NORCOM Director shall maintain inventory records to show what items are NORCOM owned or individual member agency owned. In ca~e dissolution of NORC0M, such assigned or loaned items shall be returned to the lending member agency and all other items, or funds derived from the sale thereof, shall be refunded and distributed to the member agencies in proportion to their financial participation averaged over the preceding three-year period. SECTION VI - Contracts The NORC0M Policy Board may enter into/terminate contracts for providing services, facilities and/or equipment for the operation of NORCOM SECTION VII - Review/Evaluation This agreement will be reviewed annually, prior to December 31st, by the NORCOM Policy Board to evaluate the efficiency of the present organizational structure. SECTION VIII - Amendments This agreement may only be amended by a two-thirds vote of the parties signatory hereto and contractual emergency service agencies. SECTION IX - Admission of New Parties Additional entities may be added to this agreement upon such terms and conditions as agreed upon by two-thirds of the parties signatory to this agreement. The admission of such additional parties shall be by written addendum to this agreement, signed by all then existing parties and the additional parties. SECTION X - Arbitration Any controversy between the parties in regard to the application of interpretation of this agreement may be submitted to and determined by arbitration in accordance with ORS 33.210 to 33.340 SECTION XI- Termination NO party may terminate without giving written notice to all other parties not less that six (6) months prior to the end of the fiscal year. Such termination shall become effective at midnight of the last calendar day of the fiscal year in which such notice is given. 3A This agreement shall be automatically extended from year to year on the same terms and conditions unless it is terminated by mutual agreement of the parties. If any part, paragraph, section of provision of the agreement is adjudged to be invalid by any court of competent jurisdiction, such adjudication shall not effect the validity of any remaining section, part or provision of this agreement. This agreement shall be executed on behalf of each participant. It shall be deemed adopted upon the date of execution by the last so authorized representative. IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the day and year endorsed with each signature on the original Agreement and the Agreement has be Modified by two- thirds vote of the NORCOM Policy Board on , 1993.