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Agenda - 09/27/1993 v CITY OF WOODBURN 270 MONTGOMERY STREET · WOODBURN1 OREGON AGENDA WOODBURN CITY COUNCIL S~~MBER2~1993-~OO~M 1 . CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. MINUTES A. Council minutes of September 9, 1993 and September 13, 1993 workshop and regular meeting. 3A B. Planning Commission minutes of September 9, 1993. 3B 4. APPOINTMENTS AND ANNOUNCEMENTS A. APPOINTMENTS B. ANNOUNCEMENTS: PRESENTATION FROM WOODBURN ADULT BASKETBALL ASSOCIATION AND "DITCH OPEN" COMMITTEE. C. PROCLAMATIONS: OCTOBER - DISABILITY EMPLOYMENT AWARENESS MONTH 4C 5. COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn Comeback Campaign 6. COMMUNICATIONS A. Written - 7. BUSINESS FROM THE PUBLIC (This allows public to introduce items for Council consideration not already scheduled on the agenda.) Page 1 - Woodburn City Council Agenda, September 27, 1993 - r 8. PUBLIC HEARINGS 't A. Continuation: Dangerous building located at 347 N. Front Street (Salud Medical Clinic) 8A B. Continuation: Dangerous building located at 199 N. Front Street (Old Bank Building) 8B C. Transportation Plan. 8C 9. TABLED BUSINESS A. Highway 99E sidewalk assessment district. 9A 10. GENERAL BUSINESS A. Woodburn War Memorial Pool renovation concepts. 1J2A B. Bid Award: Loader Backhoe for the Water Department. 10B C. Library development grant. .1.Q.C D. FCC certification to regulate basic cable rates. 10D E. Council Bill No. 1497 - resolution entering into addendum to Cooperation Agreement with Marion County Housing Authority. 10E 11. APPROVAL OF CLAIMS 12. PUBLIC COMMENT 13. NEW BUSINESS 14. SITE PLAN ACTIONS A. Silvercrest/Western Homes addition. 14A B. French Prairie Assisted Living Care faciltiy. 148 15. STAFF REPORTS A. Bi-Mart/Shop-n-Kart fence issue. 15A B. Report on the Citizens Review Commission. jM C. Appointment of Communications Center Manager. 15C 16. MAYOR AND COUNCIL REPORTS 17. ADJOURNMENT Page 2 - Woodburn City Council Agenda, September 27, '993 \IW''' W" 3A 't COUNCIL WORKSHOP MEETING MINUTES September 9, 1993 TAPE READING 0001 DATE. MULTI-PURPOSE ROOM, WOODBURN PUBLIC LIBRARY, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 9, 1993. 0003 CONVENED. The Council met in a workshop session at 7:10 p.m., however, insufficient members of the Council were in attendance for a quorum. Since it was previously announced as a workshop, the consultant proceeded to review the swimming pool options and solicit opinions from individuals attending the workshop. No action was taken by Council members present at the workshop. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kelley Figley Galvin Hagenauer Jennings Mitchell Sifuentez Present Absent Present (left 8:00 p.m.) Absent Absent Present Absent Staff Present: City Administrator Childs, Park Director Holly, City Recorder Tennant Swimming Pool Consultant Don Carey and Architect Larry Matson Also in attendance were Swimming Pool Committee Chairman Flurry Stone, Joan Garren, and Ruth DeSantis 0020 For the benefit of those individuals not in attendance at the August 30th meeting, Mr. Carey briefly reviewed the swimming pool situation and the options discussed by the group. Based on the suggestions of the group, he had an architectural design drawn by Mr. Matson which changed the 3-pool concept to 2 pools with the placement of an optional water slide. The new design provides for a S2'x 75' pool (depth ranging from 3 foot to 5 foot) and a separate teaching pool. If a water slide was installed, it would only require an approximate 10 foot extension of the west wall. Mr. Carey stated that renovating the existing pool would do nothing but repair the shell which is all that Federal Emergency Management Administration (FEMA) monies would pay towards. However, Marion County has advised the City that the bathhouse needs to be replaced within two years since it does not meet current code standards. In regards to the size of the pool, Mr. Carey stated that minimum size to meet competitive standards is 42'x 75' while the present pool size is 40'x 75'. Page 1 - Council Workshop Meeting Minutes, September 9, 1993 ...' f' 3A v COUNCIL WORKSHOP MEETING MINUTES September 9, 1993 TAPE READING Committee Chairman Stone reiterated that the intent of the Committee was to maximize the space available at the present site and to focus on building a facility that would meet the community's needs without having to build at a second site. Mr. Carey stated that the proposed facility should meet the community's needs over the next 25-30 years. It has been designed to provide multi-programming for all ages. Within the large pool, three sets of programs can be accomplished at the same time such as lessons, aerobics, and water walking. The current design provides for a 10 foot deck on three sides of the large pool and the existing bathhouse would be relocated to the east side of the current site. The proposed size of the facility is 18,000 square feet. Discussion was held regarding the deck side and spectator seating during competitive swimming meets. Mr. Carey stated that portable bleacher units are available that fit within a 5 foot width and are 3 levels in height. He suggested that the bleachers not be made a permanent part of the facility. A lobby that has windows into the pool area is where on-lookers should wait rather than at the poolside. Mr. Carey provided a summary of the construction costs shown in two phases. Phase I would be to renovate the outdoor pool with the new design, build a new bathhouse, demolition and site work, and related architectural/engineering fees for an estimated cost of $908,250. Phase II would be to make the pool area an indoor facility at an estimated cost of $940,200. Discussion was held regarding the size of other pools within a 50-mile radius for the purpose of determining whether or not the facility would be used for competitive meets and general use by individuals who live outside of the city limits. Mr. Carey stated that most of the older pools (i.e. Salem, Canby, Newberg) are generally 45'x75'. Lake Oswego and McMinnville do have pools that are wider and accommodate 8 or 10 lanes. The pool as design~d would provide 10 lanes for competitive swimming. In regards to the water slide, Mr. Carey stated that the City could decide to reduce the width of the pool by 2 lanes and put a water slide in that area without extending the size of the building. He suggested that the water slide option be considered since it does not require additional personnel to operate and it does attract a lot of youths and adults. The water slide unit would be removable in the event its popularity decreases. The bathhouse would include a paid locker area which does generate additional revenues. Other energy saving items would be installed to reduce operational expenses. Page 2 - Council Workshop Meeting Minutes, September 9, 1993 .. If' 3A y COUNCIL WORKSHOP MEETING MINUTES September 9, 1993 TAPE READING Discussion was held regarding access to the pool by handicapped individuals. Mr. Carey stated that the water would come up to deck level and a handicap chair lift could also be used to lower an individual into the water. Park Director Holly stated that the City does own a portable lift which is used to meet American with Disabilities Act (ADA) compliance. Funding options were also reviewed by Mr. Carey. He provided a worksheet on low and high construction costs for the entire project and the net bond issue amount that may be required to fund the project. Estimated annual cost to a property owner under a proposed bond issue amount of $1.2 million would be approximately $.27 per $1,000 assessed value while a $1.6 million bond issue would be approximately $.35 per $1,000 assessed value. The remaining funds would be obtained from FEMA monies and grants that are available from government and private sources. Mr. Carey stated that he has reviewed numerous grant criteria of which Woodburn qualifies for a majority of them due to their economic level, senior population, and ethnic diversity. Additionally, he reviewed potential operational expenses for a year-round pool versus revenues generated, He estimated that without a water slide, the City would need approximately $25,000 additional tax dollars to balance the pool budget. If a water slide is installed, the revenues generated would almost offset the additional tax dollars. Further discussion was held regarding a phase-in of the project or building it all at once. It was suggested that initially, the City propose a bond issue to the voters in March 1994 to see if it could be passed, and if it fails, then propose the phase-in approach. In any event, the County would probably issue a permit for next year provided that the City is planning on making necessary renovations by the following year. Construction can be done during time periods in which the pool is not in operation so that there is no interruption in next year's operation, Several of the individuals present at the meeting suggested that an indoor facility be proposed initially to the citizens father than a phased-in approach for funding. Administrator Childs stated that the City's bonding capacity is limited and future years will require some general obligation bonds for wastewater and transportation needs. Mr. Carey reiterated the need for getting some direction from the City Council as to what type of plan design needs to be pursued along with the outdoor or indoor facility concept. Administrator Childs stated that staff would be able to provide the Council with a summary of options for discussion at their September 27th regular meeting. Page 3 - Council Workshop Meeting Minutes, September 9, 1993 .' T' 3A v COUNCIL WORKSHOP MEETING MINUTES September 9, 1993 TAPE READING Mr. Carey also reiterated that public education regarding the benefits of the new pool for all ages must be pursued as soon as a design is selected so that voters will be receptive to passage of a bond issue. The group discussed methods of providing the information to the public which included a regular newspaper article on the new pool and personal contacts. The meeting ended around 8:45 p.m.. APPROVED LEN KELLEY , MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 4 - Council Workshop Meeting Minutes, September 9, 1993 ""'" ",~ 3A ~ COUNCIL WORKSHOP MEETING MINUTES September 13, 1993 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 13, 1993. QQQ.J CONVENED. The Council met in a workshop session at 6:00 p.m. with Mayor Kelley presiding. No action was taken by Council members present at the workshop. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kelley Figley Galvin Hagenauer Jennings Mitchell Sifuentez Present Present (arrived 6:40 p.m.) Present Absent Present Present (arrived 6:35 p.m.) Absent Staff Present: City Administrator Childs, City Attorney Shields, Library Director Sprauer Also in attendance were the following Cable TV Access Advisory Board members: Bruce Thomas, Pete Grigoreiff, Dail Adams, Dave Higgenbotham, Linda Johnston, and Linda Sprauer (arrived at 6:40 p.m.). 0020 Bruce Thomas, Board Chairman, stated that the Advisory Board has been in contact with other local Cable Access groups to review their operations as a guideline on what can be done to meet the needs of the community. Field trips to the Tualatin/Beaverton area, Salem, and Canby were made by various Board members. These Cable Access groups utilize both paid staff members and volunteers to operate their program. Types of broadcasting which are televised both live and on tape, include community activities, local sports, ne~s, monthly meetings, etc.. He reviewed a booklet distributed to the Council which provided background information on community access television, a copy of the questionnaire which was published in the Woodburn Independent on September 1, 1993, a list of proposed equipment to be purchased, public relations, proposed by-laws, and a 5 year budget projection worksheet. In regards to the questionnaire, he stated that they have not had an opportunity to tally the results as of this date. Policy and procedure guidelines for use of the equipment have not been formalized, however, it is the intent of the board to allow individuals to check out only certain equipment and use of the equipment cannot be for personal use. Only individuals who have been trained to use the equipment will be allowed to check out or use studio equipment. Page 1 - Council Workshop Meeting Minutes, September 13, 1993 .... f' 3A \ COUNCIL WORKSHOP MEETING MINUTES September 13, 1993 TAPE READING Community organizations will be allowed to utilize the equipment initially and individuals will eventually be able to use the equipment. Revenue sources are the subscriber fee and a portion of the franchise fees paid to the City. Operating expenses include maintenance, insurance, training, dues/subscriptions, accounting/legal, advertising, printing, and postage. There would be no paid staff members involved in the program. 0339 Mr. Thomas stated that the Advisory Board is ready to follow through with the Council's direction from November 1992. They have not made any purchases of equipment since they felt it would more prudent to purchase the equipment as a package rather than piecemeal. Further discussion was held regarding Northland's future participation as an Advisory Board member. It was noted that the Franchise Ordinance does require them to be a member of the initial Advisory Board, however, if the Board is granted non-profit status the Articles of Incorporation would determine the composition of the Board. Additionally, it may be necessary for the Board to negotiate with Northland provisions that would pertain to the Board and community access programming. Administrator Childs stated that another issue to be addressed at that time would be the transfer of funds to the Board which are received by the City as part of the franchise fee. He also stated that the City would have no additional obligation to the Advisory Board for revenues to fund their programs unless the City so desires to utilize tax dollars towards community access programming. 0643 Linda Sprauer stated that the proposed by-laws provide for staggered terms for Board members of 3 or 4 years which would allow members to become familiar with the activities of the Board. Initially some of the board members would be appointed for one or two years with the possibility of reappointment. Bruce Thomas also stated that he felt the current board members work well together and he hoped there would be no changes at this point in time. The board currently consists of a representative from the local business community, school district, fire district, city, Northland Cable TV, and 2 members at-large. During a brief discussion on the filing for a 501 (3)(c) status, it was noted that the Articles of Incorporation would address the issue of number of board members. It was also noted that the Articles of Incorporation have not been written by the Board as of this date. In regards to purchasing equipment, money is available through the City's budget and the Board has received at least 3 quotes on the list of proposed equipment. Administrator Childs stated that he has authorized the payment of any legal and operational expenses, however, capital purchases must be made through the City's bidding process. 0992 Bruce Thomas stated that the Board is ready to file the 501 (3)(c) papers but it will take at least 6 months to a year before a determination is made by the federal government. Until then, the Board will need to follow city rules for Page 2 - Council Workshop Meeting Minutes, September 13, 1993 .... yo 3A ~ COUNCIL WORKSHOP MEETING MINUTES September 13, 1993 TAPE READING expenditure of funds. The Board requested the Council to allow them to proceed with the purchase of the equipment and to file the 501 (3)(c) paperwork. Administrator Childs also questioned the Board as to how equipment purchased from City funds would be identified from Northland and/or School equipment. Bruce Thomas stated that all of the equipment would be tagged for identification purposes. Each agency would be able to operate independently if it was necessary, however, some of the equipment to be purchased will enhance the equipment owned by the other groups. It was the consensus of the Councilors present to bring this issue before the Council under New Business during their regular meeting. .12.1..Q. ADJOURNMENT. The workshop adjourned at 6:50 p.m.. APPROVED LEN KELLEY , MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 3 - Council Workshop Meeting Minutes, September 13, 1993 .... TO TAPE READING 0001 0003 0022 0022 0044 0055 0065 3A v COUNCIL MEETING MINUTES September 13, 1993 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 13, 1993. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kelley presiding. ROLL CALL. Mayor Councilor councilor Councilor Councilor Councilor Councilor Kelley Figley Galvin Hagenauer Jennings Mitchell Sifuentez Present Present Present Absent Present Present Present staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Finance Director Gritta, Park Director Holly, Library Director Sprauer, Police Chief Wright, Public Works Manager Rohman, City Recorder Tennant MINUTES. JENNINGS/SIFUENTEZ... approve the special Council minutes of August 16, 1993, regular & executive session minutes of August 23, 1993 and workshop minutes of August 30, 1993; and accept the Library Board minutes of August 25, 1993. The motion passed unanimously. ANNOUNCEMENTS. The Transportation Task Force will meet on Wednesday, September 15, 1993, 7:00 p.m., at city Hall. A pUblic meeting has also been scheduled for Tuesday, September 14, 1993, 6:30 p.m., Woodburn community Center, regarding the Marion County Solid Waste Management Plan Development. PROCLAMATION. Mayor Kelley proclaimed September 14, 1993 as "Neighbors Make the Difference Day" and urged the community to recognize, support, and commend volunteers of human service programs. CHAMBER OF COMMERCE REPORT. Patrick Vance, Chamber Board member, stated that the monthly Chamber Forum meeting has been changed to a new location and time. Future meetings will be held on the third Monday of each month at noon. The next meeting is scheduled for September 20, 1993, at Yum Wah Restaurant and guest speaker for the meeting is State Representative Patti Milne. Page 1 - Council Meeting Minutes, September 13, 1993 .... f' TAPE READING 0085 0128 3A y COUNCIL MEETING MINUTES September 13, 1993 Mayor Kelley stated that he had been given a letter from Councilor Mitchell which was signed by several West Woodburn residents offering their volunteer service to keep the median strip along Woodland Avenue maintained. Councilor Mitchell stated that their intent is to pull weeds and place them, along with any litter, in garbage bags that could be picked up by Public Works or Parks. Public Works Director Tiwari stated that he would be willing to work with those citizens on their request. Robert Mill, 1375 Alexandra Court, stated that their neighborhood continues to be plagued with unabated public nuisances which have been caused by the refusal of Bi- Mart/Shop N Kart owners to erect a fence or cinder block wall to prohibit people from crossing into private property whether it be the residential area or Hoodview Church of God property. The types of nuisances seen by children and adults on a regular basis include drinking in pUblic, littering, urination, and defecation. Representatives of the neighborhood have met periodically with Bi-Mart management in the past but they promise to do something but they never follow through with their promises. The residents in the area are tired of trying to fight a battle with the developers and are asking the City to assist them in getting the problem taken care of. On Friday evening, September 10th, Councilor Hagenauer was made aware of the problem when he attended a neighborhood meeting held at the Church. Wesley Merritt, 1495 Alexander, emphasized the fact that problems addressed by Rob Mill occur on a regular basis. He stated that his property abuts the south side of the Bi-Mart development and it is not uncommon to have motorcyclists crossing the berm and driving into his backyard to get over to Alexandra Avenue. Additionally, individuals coming from Shop N Kart sit in his backyard drinking alcohol but they leave his yard by the time the police officers arrive. Community Development Director Goeckritz stated that,.as a condition of site plan approval, a sound barrier was to be erected when the development extended to the southerly portion of the property. Bi-Mart had indicated to the City last year that they would erect a fence until such time as the cinder block wall was required. The City has contacted the developers in the past regarding the problem. Just recently the staff has received a copy of a contract between Bi-Mart and Security Fence Co. for the installation of a 5 foot chain link fence which they hoped would dissuade people from crossing over to Alexandra Avenue. He stated that the fence might slow the traffic but it won't change the behavior of the people creating the problem. Page 2 - Council Meeting Minutes, September 13, 1993 - \.. TAPE READING 0366 0646 3A 't COUNCIL MEETING MINUTES September 13, 1993 Rev. Dave Doughtery, Pastor of Hoodview Church of God, commended the neighborhood for working together to try and solve this problem. He suggested that the developers be required to place a 7 foot fence around the south and westerly portions of their property rather than a 5 foot fence in which most people could climb across. Chief Wright stated that the violations being committed have to be witnessed by the officer or witnessed by a citizen who is willing to sign a citizen's arrest. Claudio Lima, 1415 Alexandra Court, stated that he was disgusted with the activities being witnessed by the residents such as public indecency and drinking in public. Bi-Mart had previously assured the neighborhood that they would build a fence but they have not kept their promise. The local residents want to clean-up their neighborhood but the developers are not willing to help them, therefore, they are requesting help from the City. Director Goeckritz stated that the city had contacted Bi-Mart initially and the residents have been doing what they should do to try and solve this problem. The City have asked the developers to police their property and staff met with the owner of Shop N Kart last week who advised the staff that they would do more towards keeping the area clean. The Council questioned the staff on the code requirements for fence height and staff advised them that a 7 foot fence would be allowed in that area. It was the consensus of the Council that Director Goeckritz contact Bi-Mart immediately to recommend the changing of the fence height from 5 foot to 7 foot. Barbara Merritt, 1495 Alexandra, requested that something be done about the noise problem in the early morning hours. She stated that the unloading zone for Shop N Kart abuts their back yard and they move their pallets and metal objects during the middle of the night which wakes up the residents. Additionally, Bi-Mart has provided the neighborhood group with letters promising a fence but they have not followed through with their promise. . Rob Mill stated that their were approximately 12 residents from the neighborhood present at this meeting. He also provided photographs to the Council as to the amount of litter which accumulates in a very short period of time. CONTINUATION OF PUBLIC HEARING - 573 N. FRONT ST. (POOL HALL). Mayor Kelley opened the hearing at 7:25 p.m.. Director Goeckritz stated that structural framing has been completed and the majority of the work has been done. Since the safety of the building has been secured, staff recommended that this building be removed from the dangerous building list. The public hearing was declared closed at 7:27 p.m.. Page 3 - Council Meeting Minutes, September 13, 1993 .... f' TAPE READING 0713 0784 1087 3A 'If COUNCIL MEETING MINUTES september 13, 1993 JENNINGS/FIGLEy.... remove 573 N. Front Street from the dangerous building list. The motion passed unanimously. CONTINUATION OF PUBLIC HEARING - 479 N. FRONT STREET (SMART SHOP BUILDING). The Mayor opened the hearing at 7:28 p.m.. Director Goeckritz stated that engineering plans are currently being reviewed by city and County building officials. Extensive repairs will be required from the footings up to the roof on the east side of the building which will be tied into the remainder of the structure. Staff recommended that this hearing be continued until October 11, 1993. JENNINGS/FIGLEy.... continue the public hearing on the building located at 479 N. Front Street until October 11, 1993. The motion passed unanimously. CONTINUATION OF PUBLIC HEARING - 199 N. FRONT STREET (OLD BANK BUILDING). Mayor Kelley opened the hearing at 7:30 p.m.. Realtor David Threefoot, Landmark Realty, stated that very little interest has been shown by prospective buyers. He has met with the owner and they have been discussing the formation of a coalition to see if anyone within the community is interested in preserving the building and potentially purchasing the property. He also stated that he had recently been informed that a relative of Ms. Fives is interested in rehabilitating the building, however, he will not have an opportunity to discuss this with Ms. Fives until she returns from her vacation later this week. Councilor Figley stated that she would prefer that the building be rehabilitated. Even though the engineering report does not indicate that there are any major structural problems, she is concerned about the lack of progress and future deterioration of the building. Mr. Threefoot stated that he would discuss the options with Ms. Fives later this week. JENNINGS/FIGLEY... continue the public hearing on thi~ building until september 27, 1993, 7:00 p.m.. The motion passed unanimously. COUNCIL BILL 1490 - ORDINANCE ESTABLISHING A METHODOLOGY FOR TRAFFIC IMPACT FEES (TIF) AND STORMWATER DRAINAGE SYSTEM DEVELOPMENT CHARGES (SDC). Council Bill 1490 was introduced by Councilor Jennings. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Councilor Jennings questioned the interest rate of prime + .05% rather than stating the lowest possible interest rate. Public Works Director Tiwari stated that using a published financial rate provides consistency when quoting interest Page 4 - Council Meeting Minutes, September 13, 1993 ... 1" TAPE READING 1736 3A \ COUNCIL MEETING MINUTES september 13, 1993 rates to developers interested in the payment plan. The proposed Ordinance also provides the Council with the ability to adjust the interest rate by resolution. Administrator Childs stated that the developer may find that financing the charges on a long-term basis may be more beneficial than on a short-term basis with the City. Discussion was held regarding the need to be consistent in whatever interest level is decided upon and to minimize staff time in administering the program. Finance Director Gritta stated that an alternative financial rate is the T-Bill, however, this rate is generally lower than the prime and the City should not be lending money at an interest rate less than what we get on our own investments. Attorney Shields stated that money owed to the City will be secured by a first lien on the property, however, the property taxpayer must also be assured that the established fees would be paid. He felt that the proposed ordinance does provide the city with the flexibility to administer the program and the necessary security. Councilor Figley suggested that the ordinance provide a definition for prime rate. Councilor Jennings also suggested that the ordinance be reviewed every five years rather four since it will take five years to get to the 30% level. JENNINGS/FIGLEY...amend the section 2(H) and section 3(D)(4) by changing every four (4) years to every five (5) years. The motion to amend the bill passed unanimously. FIGLEy/JENNINGS.... amend section 1 by inserting a definition for Prime Rate. The motion to amend passed unanimously. On roll call vote for final passage, Council Bill 1490 passed unanimously. Mayor Kelley declared Council Bill 1490 duly passed. COUNCIL BILL 1491 - RESOLUTION SETTING THE AMOUNTS OF TRAFFIC IMPACT PEES (TIP) AND STORMWATER DRAINAGE SYSTEMS DEVELOPMENT CHARGE (SDC). Council Bill 1491 was introduced by Councilor Jennings. The bill was read by title only since there were no objections from the Council. Councilor Figley questioned if the TIF would be prorated to developers based on actual square footage of the building. Public Works Director Tiwari stated that fee calculations would be based on the exact square footage. Councilor Jennings questioned if a property owner would incur the proposed TIF & SDC's if they are remodeling their business. Director Tiwari stated that if they are remodeling their business and additional traffic flow would be created, they would then pay towards the TIF. Page 5 - Council Meeting Minutes, September 13, 1993 ..... '0 TAPE READING 2245 2515 2683 2716 3A v COUNCIL MEETING MINUTES September 13, 1993 Councilor Figley questioned as to when the credits would offset the some of charges to the developers. Director Tiwari stated that credits are only allowed on designated collector and arterial streets and for those streets listed on the CIP list. All other street improvements would be through local improvement districts and property owners building only one residence on an unimproved street would be asked to sign an agreement stating that they would not object to the future formation of a local improvement district. On roll call vote for final passage, the bill passed unanimously. Mayor Kelley declared Council Bill 1491 duly passed. COUNCIL BILL 1492 - RESOLUTION AUTHORIZING A CONTRACTUAL SERVICES AGREEMENT WITH OFFICER ALIVE LAW ENFORCEMENT CHAPLAINCY PROGRAM. Councilor Jennings introduced Council Bill 1492. Recorder Tennant read the bill by title only since there were no objections from the Council. Chief Wright introduced Rev. Fred Bassett who provided the Council with background information on the program which has been in existence since 1981. On roll call vote for final passage, the Council Bill 1492 passed unanimously. Mayor Kelley declared the bill duly passed. COUNCIL BILL 1493 - RESOLUTION AUTHORIZING AN AGREEMENT WITH THE OREGON STATE POLICE FOR GANG ENFORCEMENT SERVICES. Council Bill 1493 was introduced by Councilor Jennings. 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 the bill duly passed. COUNCIL BILL 1494 - RESOLUTION AUTHORIZING AGREEMENTS WITH CREDIT BUREAU. INC. FOR EQUIFAX CREDIT INFORMATION SERVICES. Council Bill 1494 was introduced by Councilor Jennings. The bill was read by title only since there were no objections from the Council. Councilor Jennings stated that the Persona agreement should be used for employment purposes only since credit information is sometimes incorrect. Lt. Null stated that the agreement does state that reports will only be used for employment purposes. In addition, the City will also validate the information that is given by Persona. Councilor Mitchell stated that over 99% of the reports provided by the Credit Bureau are correct. On roll call vote for final passage, the bill passed unanimously. Mayor Kelley declared Council Bill 1494 duly passed. Page 6 - Council Meeting Minutes, September 13, 1993 """" .' TAPE READING 2897 2936 3007 3050 Tape 2 0001 0042 3A v COUNCIL MEETING MINUTES September 13, 1993 COUNCIL BILL 1495 - RESOLUTION ENTERING INTO AN AGREEMENT WITH THE SALEM AREA TRANSIT DISTRICT FOR STF-8 FUNDING DURING FISCAL YEAR 1993-94. Councilor Jennings introduced Council Bill 1495. 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. The Mayor declared Council Bill 1495 duly passed. COUNCIL BILL 1496 - RESOLUTION AUTHORIZING INTERDEPARTMENTAL BORROWING OF FUNDS DURING FISCAL YEAR 1993-94. Council Bill 1496 was introduced by Jennings. The bill was read by title only since there were no objections from the Council. Administrator Childs advised the Council that the fiscal year 1992-93 as shown in the bill under section 1 will be corrected to read 1993-94 which is consistent with the years shown in the title. On roll call vote for final passage, Council Bill 1496 passed unanimously. Mayor Kelley declared the bill duly passed. BID AWARD - USED 4-DOOR SEDAN FOR PUBLIC WORKS. Bids were received from the following automobile dealerships: Miles Chevrolet, $8,494.89; Hubbard Chevrolet, $8,690.95; Hubbard Chevrolet, $10,453.96; and Hubbard Chevrolet, $11,194.71. Staff recommended the purchase of a 1992 Chevrolet Corsica from Miles Chevrolet which met the specifications and is in excellent condition. JENNINGS/FIGLEY... approve the purchase of a 1992 Chevrolet Corsica from Miles Chevrolet in the amount of $8,494.89. The motion passed unanimously. REOUEST TO APPLY FOR BUREAU OF JUSTICE ASSISTANCE GRANT. Chief Wright requested permission to apply for a federal grant which would fund 50%-75% of newly hired police officer salaries and benefits for pursuing the community policing program. This grant is a result of President Clinton~s promise to put more police officers on the streets and make neighborhoods a safer place. JENNINGS/SIFUENTEZ.... pursue the grant application. The motion passed unanimously. CLAIMS FOR THE MONTH OF AUGUST 1993. SIFUENTEZ/GALVIN.... approve voucher checks #19822 - #20106 for the month of August 1993. The motion passed unanimously. Betty pierce requested that the Councilors speak more directly into the microphones since it is difficult hearing what is being said in the middle of the Council Chambers. Administrator Childs stated that the staff has had a local Page 7 - Council Meeting Minutes, September 13, 1993 .... '" TAPE READING 0112 0153 0166 0337 3A 'it COUNCIL MEETING MINUTES September 13, 1993 electronics firm looking into the problem, however, it may require the purchase of new microphones to solve this problem. He suggested that the Councilors speak more directly into the microphones. CABLE TV ACCESS ADVISORY BOARD REOUEST. Based on discussions held during the workshop, JENNINGS/FIGLEy.... Council encourage the Cable TV Access Committee to proceed with vigor its incorporation papers and to proceed with the purchase of cable tv equipment following the City's purchasing procedures. The motion passed unanimously. STAFF REPORTS. The following staff reports were provided to the Council: 1) Attorney Shield's memo regarding the conclusion of the Stonehedge properties case; 2) Building Activity report for August 1993; 3) 1993 League of Oregon cities Conference - November 6-9; and 4) Coliform in City Water during August 1993 exceeded maximum MCL and required notices were made - no positive samples have ever contained any fecal or E. Coli bacteria and the water continues to be safe to drink. Councilor Jennings questioned the 9-1-1 User Board minutes regarding the ORS 190 agreement and the inability of the Manager to hire and fire without the Board's confirmation. Chief Wright stated that the agreement is in its draft stages and the policy direction of the User Board can still be changed. He stated that he will further discuss this issue with the Board and he suggested that if Councilors had any other concerns, they let him know as soon as possible. Councilor Jennings also suggested that the barricades in front of the Salud Medical Clinic be removed if the Council accepted what Director Nunez stated at the August 23rd meeting since the barricades are taken down every day by pedestrian~. JENNINGS/ .... remove the barricades and clean-up the area. The motion died for lack of a second. Public Works Manager Rohman stated that the Street Department does put the barricades in place at the start of each day. Mayor Kelley stated that the City needs to do something about Salud's building situation. Mayor Kelley questioned the Council if they were able to provide him names of individuals willing to serve on the citizen's Review Commission. Councilor Jennings stated that he had questioned the intent of reactivating this Commission when there does not seem to be a problem. He distributed copies of the Ordinance for Council Page 8 - Council Meeting Minutes, September 13, 1993 - '0 TAPE READING 0553 0560 0600 ATTEST 3A v COUNCIL MEETING MINUTES September 13, 1993 review and determination as to whether or not appointments should be made to the Commission. Attorney Shields stated that the federal government was involved with the initial drafting of the ordinance, however, he suggested that a staff report be submitted to the Council at their next meeting on this issue. Councilor Sifuentez stated that she was working with a group of Freshmen students (Oregon leadership group) and she was looking for ideas that would involve these student to build their pride towards the community. Councilor Figley suggested that these students could assist other students who repaint graffiti on buildings soon after it has been spray painted on by members of local gang groups. Mayor Kelley stated that he has also procured a site for the proposed Veteran's Home which would bring 107 new jobs to the area and provide 141 beds to veterans. He will bring more information back to the Council at a later date. EXECUTIVE SESSION. JENNINGS/FIGLEy.... adjourn to executive session under the authority of ORS 192.660(1) (e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions. The motion passed unanimously. The Council adjourned to executive session at 8:52 p.m. and reconvened at 9:33 p.m.. FIGLEy/JENNINGS.... public hearing be set for the purpose of considering an offer made by the Woodburn School District for the purchase of park property. JENNINGS/FIGLEY... amend the motion to hold the public hearing on October 25, 1993. The motion to amend passed unanimously. The motion as amended also passed unanimously. ADJOURNMENT . The meeting adjourned at 9:35 p.m.. APPROVED LEN KELLEY, MAYOR Mary Tennant, Recorder city of Woodburn, Oregon Page 9 - Council Meeting Minutes, September 13, 1993 ..... T' 3A v Executive Session COUNCIL MEETING MINUTES September 13, 1993 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 13, 1993. CONVENED. The Council met in executive session at 8:55 p.m. with Mayor Kelley presiding. The session was held under the authority of ORS 192.660 (1 He). ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kelley Figley Galvin Hagenauer Jennings Mitchell Sifuentez Present Present Present Absent Present Present Present Staff Present: City Administrator Childs, City Attorney Shields, City Recorder Tennant, Park Director Holly. Director Holly reviewed an offer for the purchase of a parcel of park property located adjacent to Woodburn High School. ADJOURNMENT. The executive session adjourned at 9:30 p.m.. APPROVED LEN KELLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - Executive Session, Council Meeting Minutes, September 13, 1993 .... '1" 38 v MINUTES WOODBURN PLANNING COMMISSION SEPTEMBER 9, 1993 1) ROLL CALL: Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Mr. Johnson Mrs. Warzynski Mrs. Henkes Mrs. Grijalva Mrs. Bjelland Mr. Pugh Mr. Bauer Mr. Stovall Absent Present Present Absent Present Present Absent Absent Staff Present: Steve Goeckritz, Community Development Director Treasa Engeldinger, City Planner 2) MINUTES: Planning Commission minutes of August 12, 1993 were excepted as written. 3) BUSINESS FROM THE AUDIENCE: None 4) COMMUNICATIONS: None 5) PUBLIC HEARINGS: A. French Prairie Assisted Living Facility - SPR 93-04 and Variance - 93-02 Location: Corner of Evergreen Road and Stacy Allison Road. Staff read the statement necessary to begin the public hearing. The applicant, Robert Loch for 3C2MD Inc., wishes to obtain preliminary approval of a 42 unit assisted living facility, in addition to a lot line adjustment and a variance for the front yard setback. Staff read the applicable standards criteria. PCM 9/9/93 SG:bw '"', Y' 38 v Commissioner Bjelland declared a conflict of interest regarding this hearing and stated that she would be abstaining from voting and any discussion. Staff stated that this facility would be adjacent to the Evergreen Family Care Clinic and the two parties have agreed to share parking facilities. The parking issue was a concern to the planning staff. Robert Loch, 22018 S. Central Point Road. Canby, stated that the parking would not be a problem, the only vehicles that would be on the property would be the employees and visitors. He stated that the adjacent clinic has severe parking problems. He stated that 8 of the 16 spaces at the clinic is on the other property. The clinic has a ingress/egress easement to get to the other 8 parking spaces. The applicant has asked for 15 feet of the clinic property in turn they will give the clinic a certain amount of parking space in this development. Merlin Parks, 845 NW Boones Ferry Rd., Corvallis, President of 3C2MD Inc., stated that the parking would be no problem since there is only 8 staff members at the facility at anyone time. Vice Chairperson Warzynski asked if there was anyone else who wished to speak for this project, Rene Dumis, 1130 Orchard Lane, Administrator of French Prairie Care Center. He stated that he was excited about the project. He felt that being so close to the project they could share a lot of resources and ideas. Vice Chairperson Warzynski asked if there was anyone else who wished to speak against the project. Geri Bosch, 1151 W. Lincoln, Administrator of Colonial Gardens. She stated that she was an interested party. She was not against the project. She stated that the growth of the senior population of Woodburn would merit another facility. She did state her concerns regarding residential care facilities and stated that there was plenty of parking with only 8 to 10 staff members at one time and daytime visitors made up of clergymen and families. Vice Chairperson Warzynski closed the public hearing. Commissioner Henkes made the motion to accept SPR 93-04 French Prairie Assisted Care Facility and Variance 93-02. Commissioner Pugh seconded the motion. PCM 9/9/93 SG:bw 2 ..... T' 38 't A roll call vote was taken: Vice Chairperson Warzynski Commissioner Henkes Commissioner Pugh Commissioner Bjelland Yes Yes Yes Abstain The motion passed 3 yes, 1 abstain. B. Zone Change 93-03 - Young Street - Earl Doman Staff read the statement necessary to open the public hearing. Staff went over the criteria for this project. Staff stated that this procedure would do a zone map amendment to the comply with the Comprehensive Plan Map. There was no one present to speak against this proposal. Vice Chairperson Warzynski closed the public hearing. Commissioner Pugh seconded the motion to approve Zone Change 93-03 as recommended by staff. Commissioner Bjelland seconded the motion. A vote was taken and the motion passed unanimously. 6) REPORTS: Silvercrest Homes - Addition of Two Metal Buildings to Facility Staff stated that approval was given after staff talked to the Fire Department and set conditions: (1) the parking problem that now exists at the site, (2) fix up the landscaping, (3) installing no parking signs around the fire hydrants, 7) BUSINESS FROM THE COMMISSION: None 8) ADJOURNMENT: There being no further business the Planning Commission meeting adjourned. PCM 9/9/93 SG:bw 3 .... y' 4C v CITY OF WOODBURN 270 Montgomery Street · Woodburn, Oregon 97071 . 982-5222 PROCLAMA nON DISABILITY EMPLOYMENT A WARENESS MONTH OCTOBER 7993 WHEREAS, the United States of America has prized itself on advancing the civil rights of individuals and guaranteeing liberty and justice for all. Central to the philosophy of our democratic form of government are the precepts of equality and individual dignity, the value of self-reliance and the basic right of all citizens to live full, independent and productive lives, and WHEREAS, in keeping with that tradition, the United States Congress in 7990 enacted the Americans with Disabilities Act. This landmark legislation prohibits discrimination against people with disabilities in employment, public accommodations, transportation and telecommunications, and WHEREAS, by joint resolution, Congress has designated October of each year as "Nation Disability Employment A wareness Month, and WHEREAS, the City of Woodburn supports this resolution and the spirit as well as the letter of the law to assure that all citizens with disabilities are fully Included in our social, cultural and economic mainstream; and WHEREAS, people with disabilities represent a large untapped pool of talent. NOW, THEREFORE, by the power vested in me as Mayor of the City of Woodburn, I hereby proclaim October as Disability Employment A wareness Month and urge its observance by all of our citizens. IN WITNESS WHEREOF, I hereunto set my hand and cause the seal 01 the City :l?nod? ~affiXBd this 22nd day of September, 1993. Len Kelley, Mayor City of Woodburn ....' ,. SA 'w MEMO TO: Mayor and City Council FROM: rJC/ City Administrator & Community Development Director SUBJ.: . Continuation of P~blic Hearing Concerning Disposition of Dangerous Buil!;ling located at 347 N. Front Street (Salud Clinic Building) DATE: September 22, 1993 AI Nunez, Executive Director of Salud, appeared before the Council on August 23, 1993 in regard to this structure. He presented a chronology of Salud's activities since the earthquake, as well as testimony describing some of the options being considered and problems encountered. Following Mr. Nunez' presentation, Council continued the public hearing on this building until September 27, 1993. Staff has contacted Mr. Nunez concerning the continuation of the public hearing on September 27th. Due to a prior commitment, Mr. Nunez indicated that he will be in Baker City, Oregon on that date and Alma Grijalva, Director of Operations for Salud, is recovering from a brief hospitalization and will likely not be able to attend the meeting. In respect to recent developments, Mr. Nunez did convey several items of significance during the conversation. Salud has now received verbal confirmation from the Public Health Service that a special capital projects grant application has been approved. These funds, coupled with other funding sources, should allow Salud to proceed with a long-term recovery program once plans and funding arrangements are solidified. Coincidentally, Mr. Nunez related that the Brack's Restaurant location is no longer under consideration as a permanant home for the Salud Clinic. Because of the tentative commitment from the Public Health Service, Mr. Nunez indicated that a meeting with Farmers Home Administration, Salud's mortgageholder, has been scheduled for Wednesday, September 29, 1993. A course of action in regard to the damaged 347 N. Front St. structure will be a principal point of discussion. RECOMMENDATION: To allow time for the 9/29/93 meeting between Salud and FmHA to occur and any resultant course of direction to solidify, staff recommends that this public hearing be continued until Monday, October 11, 1993. .... .' 88 't MEMO TO: Mayor and City Council FROM: tJ!I City Administrator & Community Development Director S U BJ. : Continuation of Public Hearing Councerning Disposition of Dangerous Building located at 199 N. Front Street (Old Bank Building} DATE: September 22, 1993 Realtor David Threefoot, representing Nora Fives, the owner of this property, appeared before the Council on September 13, 1993. As Council will recall, Mr. Threefoot described several options that the property owner is considering and stated that he would contact his client to review these options. Coincidentally, an article in the September 22, 1993 "Woodburn Independent" made reference to this structure and some of the options possibly being considered by the owner. Mr. Threefoot agreed that it would be appropriate for the owner, Ms. Fives, to meet with the Council on the Sept. 27, 1993 hearing continuation date. Staff has since made appropriate contacts to remind Ms. Fives that it is imperative that she be present on that date to provide Council with details of a viable approach to resolving this matter. RECOMMENDATION: Any recommendation will be contingent on testimony provided on September 27, 1993 by the property owner or her representatives. T' Be i MEMO TO: City Council through City Administrator FROM: Public Works Program Manager ~ P-- SUBJECT: Public Hearing on Transportation Plan DATE: September 22, 1993 The Transportation Task Force in a meeting that was held on September 15, 1993 recommended that the public hearing on the Transportation Plan that is scheduled for the September 27, 1993 council meeting be continued to the November 8, 1993 council meeting. Input received from the Oregon Department of Transportation on the proposed plan and traffic study require further staff work before presentation at a public hearing. The ODOT representative, John deTar, Region 2 planner, briefed the other members of the task force on OnOT concerns. An extended discussion on the various concerns of ODOT lead the task force to recommend that ti!-e September 27, 1993 public hearing be continued. Additional time is required for staff to address the various items that were presented. November 8, 1993 was the date ~elected for the public hearing to be continued to. .' T' 9A .. MEMO TO: City Council through City Administrator FROM: Public Works Director ~>; _ ~-'- SUBJECT: 99E Sidewalk Cost Allocation Negotiations with Oregon State Hwy Division DATE: September 22, 1993 RECOMMENDATION: A complete recommendation is expected to be presented at the council meeting of September 27, 1993. (Note: If final negotiations take longer then the recommendation will be brought to the council on October 11, 1993.) BACKGROUND: Woodburn City Council held a public hearing to receive input in regard to 99E sidewalk assessments. The input received from the public indicated that many property owners, during right-of-way negotiations, had developed an understanding that no project cost will be assessed against their property. Therefore, I was directed to meet with the representatives of the State Highway Division and develop a recommendation for council's review and action. I have met with representatives of the Highway Division and the negotiations are progressing. A slight delay has been caused due to the busy schedule of the state during the end of construction season. However, I believe that the state is willing to come to a solution that is satisfactory to all parties concerned. I will provide additional details at the time of council meeting. GST Ilg 99E\lALIC -- T' 10A v STAFF REPORT TO: Woodburn Mayor and Council THRU: ~hris Childs, City Administrator FROM: mevin Holly, Director Recreation and Parks SUBJECT: Woodburn War Memorial Pool Renovation Concepts DATE: September 22, 1993 The Woodburn City Council is being asked to review the current status of Woodburn War Memorial Pool and to choose one of the options for renovation which are currently being presented. In developing an opinion. I ask the Council focus on three primary considerations in arriving at a development plan. 1. The quality of the proposed plan. Does the proposed option provide a comprehensive aquatic experience for all Woodburn Residents? 2. Does the plan make the most economical sense, both in terms of initial development costs and in terms of long term revenue generation capacity? 3. Will the concept meet the long term needs of Woodburn residents? This staff report will focus on three areas which hopefully will assist in making a logical and educated decision. First, I will briefly discuss a history of Woodburn War Memorial Pool, second, a discussion on the earthquake of Spring 1993, and last, an introduction as to choices we are considering. Also present to provide a presentation of projected projects options and estimated cost estimates is Mr. Don Carey of Don Carey and Associates and representatives of the Woodburn Pool Committee. T 10A -v WOODBURN WAR MEMORIAL POOL HISTORY Woodburn War Memorial Pool as in its current configuration is 104 feet by 42 feet. The Pool is 40 years old and currently operates during the traditional summer vacation period of June, July and August. The rectangular configuration in not conducive to multi-use programming. The pool is located on the grounds of Settlemier Park, which is Woodburn's oldest park. In many respects the current location is ideal. The familiarity of Settlemier Park in the community and the diversity of programming which is offered at Settlemier Park make the pool location a good one. Current parking is adequate at least 95% of the time. There are key usage periods when the pool is at capacity and other park programming is occurring concurrently that parking is inadequate. A newly developed enhanced facility would need additional parking. The Pool operates with maintenance being performed by the Parks Division of the Woodburn Recreation and Parks Department. Staffing is made up of a summer manager and 12 summer lifeguards. The lifeguards have traditionally been local youth who have become certified through the Red Cross as both lifeguards and water safety instructors. Over the years Woodburn War Memorial Pool has provided summer employment to hundreds of its young people, both in high school and in college. The Pool bath house is a building measuring 125 feet by 25 feet. It houses a mens and women's locker/shower area, a reception area, a mechanical room, and a staff room. The pool is filtered by a sand filter system. The water is purified by a liquid chlorine gas cylinder system. This is a common system of water filtration. The pool operates without a return water system. Water that is currently spilled over the gutter is drained directly to the sewer. This water recirculation system does not meet current code. We have been grandfathered for a number of years in the operation of our pool in regards to its current water recirculation system. Woodburn War Memorial Pool does not currently pay for itself. In 1992 War Memorial Pool reimbursed 38% of its costs in revenue and in 1993, seaSOr:l just completed, the pool reimbursed at 34%. The pool in its current configuration and condition normally does not exceed 40% of its operating costs in actual revenue. Such revenue patterns are contingent to a great degree on weather conditions in determining summer revenue success rates. An indoor pool would of course not be contingent upon weather conditions for revenue generation patterns. -- r' 10A 'v The Pool as it currently operates meets community needs in providing a valuable recreation source for local youth in the summer only. There is some adult participation in aquatic programs, however in its current design the large majority of users are children. Pool attendance varies summer to summer, but on an average, there are over 4,000 open swim participants and over 500 swim lessons provided at Woodburn War Memorial Pool. These numbers can be greatly increased with a year round program and added adult participation. The current pool configuration and poor physical condition of Memorial Pool inhibit increasing current programming levels. Woodburn's War Memorial Pool has served the community well for over 40 years and has been an asset to the community. the pool is recognized by long term Woodburn residents as an important part of Woodburn, both past and present. However, earthquake damage. health code violations and inadequate design make it no longer possible to operate in its current design. ... Ilf" September 20, 1993 WOODBURN WAR MEMORIAL SWIM POOL 1993 Budget Actual Budget $43,727 Utilities 5,200 Maint. Person (.20) 8,400 Total Budget $57,327 1993 Actual Expended: 32,157 Utilities 5,200 Maint. Person 8,400 Total Expended $45,757 Actual Revenue $15,772 Actual Deficit $29,985 Actual 1993 Pool Operating Cost $29,985 1992 BUDGET Actual Budget $41.077 Utilities (est) 5,200 Maint. Person (.20) 8.064 Total Budget $54,341 1992 Actual Expended $31,784 Utilities (est) 5,000 Maint. Person (.20) 8,064 Total Expended $44,848 Actual Revenue $17,383 Actual Deficit $27,465 Actual 1992 Pool Operating Cost $27,465 10A '\I ... T' 10A 't EARTHQUAKE DAMAGE/CURRENT POOL CONDITION Prior to the earthquake Woodburn's War Memorial Pool operated on a year to year basis in terms of keeping the pool's physical condition operational. Piping system cracking and surface cracks have caused leakage of water for several years. When water is lost it creates a number of problems over and above the actual water lossage. For example: more chemicals are used during the course of the summer needing more to maintain the water chemical balance. Additionally, more natural gas is used in heating the pool. The water loss problem has become increasingly severe over the past two years and prior to the earthquake of 1993 we were losing between 4 and 6 inches of water per day. The bath-house does not meet current codes for handicap accessibility and is faulty in several other areas. I won't dwell on all the structural inferior capabilities of the current bath- house other than to say the structure is long overdue for replacement. The structure is of such poor quality remodeling does not appear to be an option. As the result of the March 26 earthquake the current pool became unusable in its current state. Upon filling the pool to observe water loss we observed that the pool was losing 24 inches of water per night and that over 56,000 gallons of water had been lost from the pool in a 24 hour period. Several tests were performed to determine the source of the water loss, including a pressure test of the pipe filling system, and the cutting of view holes in the deck concrete. It was determined the water lossage was coming from a variety of sources, including the piping system and the pool shell itself. Federal Emergency Management (FEMA) officials were being negotiated with during this same time period. At the recommendation of FEMA officials a pool consultant was brought in for an analysis of the pool An inspection by Don Carey confirmed that major damages had occurred as a result of the March 26th earthquake. The City Administrator, myself and Don Carey negotiated on behalf of the City of Woodburn with FEMA. After consultation with FEMA the following repairs were found to be necessary because of earthquake damage and the following funding allowances were allotted by FEMA. Removal of existing deck, repair subsoils, replace deck and drain ............................... 38,000 Patch and resurface pool ....................... 53,751 Replace swimming pool recirculation piping and g utter systems .............................. 104,847 Repair cracks in wading pool .................... 10,000 Repair crack in bath-house walls .................. 4,000 Repair drainpipe from pool to sewer. . . . . . . . . . . . . . .. 8,000 Fees and permits .............................. 4,800 Architectural and engineering (incl: initial inspection) .................................. 27,399 Design of temporary repair for Summer of 1993 . . . . . . .. 780 Temporary repair Summer 1993 ................... 4,789 TOTAL FEMA PROJECT ALLOWANCE. . . . . . . . . . .. 256,366 - ~. lOA 't FEMA pays 75% or $192,274 of this basic repair. The City of Woodburn is responsible for 25% or $64,092. Project overruns if related to FEMA project repairs can be renegotiated and most times allowed if substantial reasoning is presented. The allotted FEMA Project Allowances can be applied toward the construction cost of a new or renovated aquatic facility. ... ~" BOARD OF COMMISSIONERS Randall Franke Gary Heer Mary Pearmine ADMINISTRATOR Jeffrey R. Davis ADMINISTRATION (503) 588-5357 FAX (503) 364-6552 CHILD MENTAL HEALTH SERVICES (503) 588-5352 FAX (503) 588-5433 COMMUNICABLE DISEASE & CLINIC SERVICES (503) 588-5342 DRUG TREATMENT (503) 588-5358 ENVIRONMENTAL HEALTH (503) 588-5346 FAMILY PLANNING & PRE-NATAL (503) 588-5355 MENTAL HEALTH COMMUNITY SUPPORT, CRISIS & PRECOMMITMENT (503) 588-5351 FAX (503) 585-4908 MENTAL RETARDATlON/ DEVELOPMENTAL DISABILITIES (503) 588-5288 FAX (503) 588-5290 llrY(503) 585-4905 REFUGEE SERVICES (503) 588-5308 SCHOOL IMMUNIZATION (503) 588-5011 TTY /TTD (503) 588-5400 VITAL STATISTICS (503) 588-5406 WOMEN, INFANTS & CHILDREN (WIC) (503) 588-5057 lOA v Marion County OREGON HEALTH DEPARTMENT May 18, 1993 Nevin Holly, Director Woodburn Park & Recreation 491 N Third st Woodburn OR 97071 Dear Mr. Holly, Thank you for meeting with me today at the Woodburn Memorial swimming Pool to discuss the requirements for repair of this facility. The following is a general overview of what I observed and required corrections: 1. As observed, the interior of the pool is cracked separated from the decking, drain curb, and at expansion joints. Substantial repair will be required to seal and resurface these areas. and 2. The circulation (distribution) system has been damaged. with the system pumping, water was noted emerging through the bottom of the pool surface and side of the pool. Again, this system will require major repairs. 3. Because of the damage to the decks, replacement of the decks may be required. This would include the deck drainage system. Under OAR 333-60-020, the Woodburn Memorial Swimming Pool will now be required to meet all current standards of construction and operation for the repair work which wi be required to open the pool to the public. T e pool will no longer be exempt from current code or Gran a ere ampe pans egls ere ngineer) are required to be submitted to our office with an application and the pool plan review fee of $300 prior to any repair work on the pool (application enclosed). Please keep me informed as to your plans and feel free to call me at 588-5346 if you have any questions. Sinc~rely, ~ ---..:.:;//~ <'c_..:::';~.v' 7~ ~-- Robert Anderson, R. S. Environmental Health Health & Services Building . 3180 Center Street NE . Salem, Oregon 97301-4592 ... T' 10A v POOL RENOVATION OPTIONS The Woodburn Pool Committee has met on numerous occasions and 2 Council workshops have been held in an effort to narrow down our final options as to which course of action we wish to pursue. On September 10 a joint workshop was held at which time Don Carey and the designing architect were present. At this time Don Carey was directed to bring to the Pool Committee on Sunday, September 26, and to the Council on the 27th. definite pool constructions options and their associated costs. These options will be presented in detail by Mr. Carey tonight. The basic pool renovation projects which will be presented to you are: OPTION 1 Complete repairs identified in the FEMA Project Report. This option renovates the existing pool shell, installs a new piping and recirculation system, replaces the existing deck, repairs the baby pool and does minor bath-house repair. Estimate Cost: ............................... $265,398. OPTION II Change configuration of pool from 6 lanes to 10 lane pool, completes all other identified FEMA project work and builds a new bath-house. Estimated Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $912,000 OPTION III Changes configuration of pool from 6 lanes to 10 lanes, completes all other FEMA project work, builds a new bath-house converts pool to year round pool with construction of pool cover. Estimated Cost ......................... . . . . .. 1,900,000 OPTION IV Change configuration of pool from 6 to 8 lanes, complete all FEMA Project work, builds a new bath-house and converts pool to year round pool with construction of pool cover. Estimated Cost .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1,800,000 Don Carey will present project options in detail during Council meeting. Also present will be Larry Matson who is the designing architect with Don Carey and Associates. ... T" 10.8 v MEMO FROM: City Council through the City Administrator Public Works Program Manager ~P-- TO: SUBJECT: Bid Award for Loader Backhoe DATE: September 22, 1993 RECOMMENDATION: Award the bid number 94-07 for a tractor with loader and backhoe to The Halton Company for $46,544.00. NOTE: The backhoe is budgeted for in line item 094.940.710.010, BACKGROUND: City of Woodburn Bid Number 94-07 was opened and publicly read at 2:00 p.m, on September 21, 1993. The bid was for a diesel powered tractor with loader and backhoe. The results were: Bidder The Halton Co. Star Rentals Salem, Ford Inc. Western Power & Equip Hessel Tractor Model CAT460B JCB 214 Ford 575D Case 580SK JD 310D Price $ 46,544.00 47,012.00 47,180.00 49,378.00 50,080.00 The loader backhoe is for the Water Department. This unit will replace a 1970 John Deere loader backhoe that is in poor mechanical condition and which has become unreliable. This unit will be disposed of by the Water Department. Staff recommends that The Halton Company bid of $46,544,00 be acc~pted. RR:lg BACKHOE.\oITR - .." 10C .. Woodburn Public Library 280 Garfield Street Woodburn, OR 97071-4606 Ph.982-5252 MEMORANDUM FROM: Mayor and City Council of Woodburn through Chris Childs, City Administrator Linda Sprauer, Library Director .;; September 23, 1993 TO: DATE: SUBJECT: Library Development Grant Attached is a copy of the cover sheet to a grant application submitted to the Oregon State Library for the Children's Services Improvement Grant. The date the application was due came before there was time to submit it to the Council for prior approval. Also attached is background information to let you know more about the history of this grant program and how it evolved to be targeted for children's services. Due to its length, the full text of the grant application is not included in the packet, but is available for councilors to review. Please contact me on this. As you can see from the application, the funds will be used to bring another of the OMSI traveling, hands-on exhibits to the library. About three years ago the exhibit called Dinostories, also from OMSI, was a wonderful learning experience for the children of the area. Certainly this one - Animals as Architects will prove to be as popular and educational. It is requested that the Council, by motion, lend its approval to this app lication. Linda Sprauer, Director.......... .................,............ .982-5259 FAX (503) 982-5258 .' r FOR STAlE LIBRARY USl 10C OREGON STATE LIBRARY Children's Services Improvement GrOl7t Application tor 1993-94 County: Received; Approved: v This application for the Cllildren's Set1J;ces Improvement Grant program {or 1993-94 should be completed and returned to the Library. Development Services Division, Oregon StaLe Library, State Library Building, Salem, 97310. Please read Ule aLLached insLrucLions lol' the form, to be sure it is {iIIed out correctly, To be eligible for funding, applications must be received by September 1,1993. This form can be replicated on a microcomputer. 1. Name of Applicant: Woodburn Public Library 2. Address of Appllcanl: 280 Garfield Street, Woodburn, OR 97071 3. Conlact Person: Li nda Sprauer Phone Number: 982-5263 or 5259 4. Purpose of the Children s Services Improvement Grant (Please see Instrucllons) The Grant funds .will be used to bring the OMS! "Hands-on Exhibit" - Animals as Architects- to the Woodburn Public Library. This exhibit has a total of 9 units which invite children of all ages to uncover pathways and homes of underground architects; view the inside of termite mound; match animals to their homes; explore spider webs; and examine tiny animal structures through a microscope. Proposed Grant Budget Ubrary staff $ 462 (42 hrs. @ $11.00/hr.) Materials $~ 125 (books. subscriptions, software. A-V. etc.) Equipment $ 300 Other - shippingJ; 320 Measurable Activity 1. Plan 10 special toddler and preschool story times in both Spanish and Enalish with animal themes. Measurable Activity 2. Host 7 children's day care for preschoolers' visits complete with story times. Measurable ActIvIty 3. Host 20 class room visits for school-age students up to 14 years of age. --------- - ,"," T' 10C v Background The State Library Board of Trustees and the State Librarian conceived of targeting the Library Development Grants on improving children's services following the development of the "Oregon Benchmarks." The Oregon Legislature approved the "Oregon Benchmarks" - standards for measuring statewide progress and government performance - in the 1991 session. During the budget development process for the 1993-95 biennium, the Governor advised state agencies to target programs on achieving the "Oregon Benchmarks." "Urgent" benchmarks were identified in the area of early childhood development: children should enter kindergarten ready to succeed in school due to their cognitive development, language and literacy development, physical well-being, and social! emotional development. The Oregon Library Association supported the State Library Board's idea of targeting state aid on children as part of the OLA Legislative Program for the 1993-95 biennium. The Oregon Library Association and the Joint Interim Committee on Education Library Work Group reaffinned the idea that libraries have an important contribution to make toward meeting the "readiness to learn" benchmark. As stated in Oregon Library Services Findings and Recommendations, the report to the Joint Interim Committee on Education, "Local libraries are the most consistently available public resource for preparing all young children to learn." On April 7, 1993, governor Barbara Roberts signed Senate Bill 22, the bill targeting on children Oregon's Library Development State Aid to Public Libraries Grant program. To the best of our knowledge Oregon is the first state to make such a commitment to public library services for children. The bill amends the current library law governing financial assistance for public library services, and becomes effective 90 days after the Legislature's adjournment. SB22 amends Oregon Revised Statutes section 357.740, which defines the purposes of grants under the program offinancial assistance for public library services. The amended language reads, "The grants shall be expended to develop public library services for children, with emphasis on preschool children. " Eighty percent of the appropriated funds are to be distributed on a per child basis. The law clarifies that "the number of children residing within a jurisdiction that is less than a county shall be estimated using the percentage of children in the total population in the county. The remaining twenty percent of the funds will still be distributed on an area basis, that is, on square mileage served. The maintenance of effort requirements in the law remain as before. In order to be eligible for state aid, a public library must not reduce its operating expenditures to less than the lesser amount expended in either of the preceding two fiscal years. If a local government has been affected by property tax limitation resulting from Measure 5, a library may still qualify for a grant, if the percentage of property taxes dedicated to the library is equal. to the lesser percentage of taxes dedicated to the library in either of the preceding two fiscal years. The application process resembles that used in the past except that libraries are requested to describe the purposes for which the grant will be used. The Children's Services Improvement GTant funds are designated to be used in accordance with the provisions of ORS 257.780 and Oregon Administrative Rules Chapter 543, Division 40. The attached application provides a description of the purpose of the grant and certification indicating grant use for establishing, developing, or improving children's services to children (defined as those children between birth and 14 years of age). A total of $345,879 is available for grant awards in 1993-94. As indicated, Woodburn's portion will be approximately $1,445. Additional funds from the Friends of the Library and existing library staff time will be added in order to provide this program. or' 100 v MEMO TO: Mayor and City Council FROM: Chris Childs, City Administrator ~ SUBJ.: F.C.C. Certification to Regulate Basic Cable Rates DATE: September 21, 1993 RECOMMENDATION: That Council, by motion, authorize the City Administrator to make preliminary application to the Federal Communications Commission (FCC) for authorization to regulate basic cable service rates. BACKGROUND: Ordinance 1766, our cable franchise "enabling ordinance" enacted in 1981, included provisions for city regulation on cable television rates and channel selection within the City of Woodburn. The city's authority concerning any such regulation was effectively eliminated by the federal Cable Act of 1984 and other legislation. The recent 1992 Cable Act, designed to foster competition and generally make the cable TV industry more "pro-consumer", restores some regulatory rights to cities subject to FCC guidelines. The 1992 Cable Act allows cities or other "franchising authorities" to become "certified" with the FCC to regulate cable rates for ~ service. In Woodburn, with our existing franchisee, Northland Cable Television, this pertains to Northland's 17- channel "Economy Basic Service" package. It would fiQ1 apply to the additional 22 channels that make up Northland's "Satellite Basic Service" (which can only be obtained by purchasing the Economy Basic Service as well; in combination, these are referred to as the "Standard Basic Service" package). However, franchising authorities or individual subscribers may ask the FCC to regulate these cable services if they regard the rates as unreasonable. Pay channels (HBO, Cinemax, etc.) and equipment rented from the company (converter boxes, etc.) would not be subject to local or FCC regulation. Northland Cable, along with many cable franchises nationwide, has already rearranged its fees to come out "revenue-neutral" in the event of local regulation. In Northland's case, this has resulted in a voluntary reduction in the Economy Basic Service, effective September 1, 1993, from $14.75 to $9.15 per month. The cost of the Satellite Basic Service, not subject to local regulation, is effectively increased to maintain the :tQ12l Standard Basic Service package at $20.80 per month (no net change). ." if';' 10D \ Page 2 - F.C.C. Certification to Regulate Basic Cable Rates (9/21/93) Northland has advised the city, in a letter dated July 26, 1993, that" According to our estimates, we believe that we are substantiallv in compliance with [the new] FCC regulations ... [and] that this rate reduction will relieve the burden of imposing [local] rate regulation" (emphasis added). While we applaud Northland for its voluntary reduction in Economy Basic Service rates, it is uncertain whether their rates do, in fact, come it at less than the FCC benchmarks established in the 1992 Cable Act. Application for rate regulation certification at this stage does DQ1 automatically put the city into the local rate regulation business. Following certification, we would be required to adopt certain policies consistent with FCC regulations and give official notification to the <;:able company before actual regulation begins. If a second cable franchise within the city is granted to North Willamette Telecom of Canby, it is likely that "effective competition" would be created, and rate regulation of local franchisees would once again revert totally to the FCC. Some of you may have read an article in the September League of Oregon Cities "Newsletter" on this topic (included here as Attachment "A"). The article advocates that all LOC member cities take advantage of the opportunity to certify with the FCC, describing the process as "simple and painless". An article on page 2 of the "Newsletter" states in part "Without ... certification, your community will be without adequate tools to prevent unwarranted increases in basic cable rates, and may be unable to adequately respond to both citizens and the FCC on complaints regarding non-basic cable rates." With the amount of attention focused on cable television issues locally, it is reasonable and prudent that the City of Woodburn should aggressively seek every opportunity under the 1992 Cable Act to gain any position that may be advantageous to the citv. Certification for local regulation of rates will provide one such advantage to the city. ..." "," Cable rate regulation begins September 1 Pursuant to the 1992 Cable Act. cities can certify to regulate "basic- cable rates beginning September 1, 1993, and on the same date cable subsaibers can also begin filing complaints with the Federal Communica- tions Commission (FCC) concerning -expanded basic- rates, Virtually all Oregon cities lack -effective com- petition- to cable, and thus should be eligible to regu- late cable rates under the new FCC rules. To become certified, franchising authorities need only submit the certification form (FCC Form 328) with the Fcc. Easy-to-follow instructions appear on the reverse of the one-page form. The League of Oregon Oties will soon send the FCC certification and complaint form to every Oregon city. OATOA is the Oregon chapter of the National Association of Telecommunications Officers and Advisors (NATOA), which is the cable regulation advisory organization to the National League of Oties. NA TOA is also distnDuting copies of the FCC forms to its members, and is assembling a Cable Act implemen- tation kit containing FCC forms, sample rules, advice on implementation questions, and other materials designed to enable local governments to promptly and fairly fulfill their regulatory responsibilities under the Cable Act. For further information, contact NATOA at NLC headquarters in Washington, D.C., (202) 626- 3160. Oties should also be alerted to a mis/eoding cam- paign being waged by 1M cable television industry designed to discourage cities from filing for FCC certification to regulate cable rates. Many false and misleading arguments are being put fonh by the in- dustry. NATOA and OATOA urge all Oregon cities not to be misled by the cable indusuys continued campaign against rate regulation. The only way local governments can adequately protect subsaibers is by becoming certified to regulate rates. Without rate regulation certification, your community will be without adequate tools to prevent unwarranted increases in basic cable rates. and may be unable to adequately respond to both citizens and the FCC on complaints regarding non-basic cable rates. The types of -informal- understandings or -side-agreements- being urged by the cable industry are unenforceable, as the FCC has publicly stated. Despite cable company assertions to the contrary, the certification process is simple and painless, the regula- tion process is not difficult to understand or implement, Page 2 10D : ~ and the primary burden of compliance with federal standards remains on the cable operator - not the franchising authority. If you have any questions, or need additional cer- tification forms. please contact Bruce Crest at the Metropolitan Area Communications Commission, (503) 629-8534 or David Olson at the Oty of Portland Cable . ,. Office, (503) 823-5290. Grant dollars coming for periodic review The Department of Land Conservation and Develop- ment (OLCD) will shonly be announcing the avaB- ability of grant doUars for local governments as author- ized by the 1993 Legislature. The Department expects to emphasize periodic review, with grants for prepara- tion of periodic review work programs and for work tasks on the work programs. These funds will likely be available to cities and counties as they enter the perio- dic review process. The Department expects to be able to offer technical assistance grants for planning work outside oCthe periodic review process. The Depanment will also offer grants for alternative dispute resolution, as In the previous two bienniums. Budget notes by the Legis- lature will make S2OO,OOO of grant funds available for small cities and counties and up to S150,OOO to counties for destination resort planning. The Department will be announcing the availability of these funds soon. WE'RE OFFERING MUNICIPALITIES SOMETHING PRETrY UNUSUAL [ OUR full ATTENTION] For more information, ull the Public Finance Department Mark Hudspeth 275-4816 Edward Phillips 275-6823 erBAN~ U.s.....ol~ _R>IC. League of Oregon Cities Ne...letter I September, 1993 ...' ,. 10E 't MEMO TO: Mayor and City Council FROM: Chris Childs, City Administrator ~ SUBJ.: Addendum to Agreement/Marion Co. Housing Authority DATE: September 23, 1993 RECOMMENDATION: Approve accompanying Resolution authorizing" Addendum to Cooperation Agreement" with Marion County Housing Authority. BACKGROUND: ORS 456.225 exempts real property owned by a duly authorized local housing authority from any property taxes or special assessments levied by local governments. The same statute does, however, allow a housing authority to enter into arrangements with local jurisdictions for "Payments in Lieu of Taxes" (PIL T). Such an agreement, the "Cooperation Agreement" was entered into on March 14,1980 between the City of Woodburn and the Marion County Housing Authority. The Cooperation Agreement, directed toward rehabilitated single family dwellings, established the mechanism for an annual PILT for such housing units at "10% of Shelter Rent". Shelter Rent is further defined as the "total of all charges to all tenants of a Project for dwelling rents and non-dwelling rents (excluding all other income of such Project), less the cost to the Local Authority of all dwelling and non-dwelling utilities. " A companion "Supplemental Agreement", also dated March 14, 1980, reflected the purchase of nineteen (19) such housing units within the Woodburn city limits which would be subject to the terms of the Cooperation Agreement. As background information, the existing PIL T based on 10% of "Shelter Rent" (per the Cooperation Agreement) for these nineteen units amounted to some $3,400 in both 1992 and 1993. The present" Addendum to Cooperation Agreement" reflects the purchase of one additional housing unit to the program, bringing the total to twenty (20). This house was obtained by MCHA through the county tax foreclosure process, rather than through use of HUD funds, giving MCHA additionallatitute regarding qualifications of renters, rents charged, etc. Also, it should be understood that the Cooperative Agreement does not involve the Farmdale complex owned by MCHA on W. Lincoln Street. That complex is governed by a separate Agreement dated April 28, 1975 between the city and MCHA. In 1993 the city received payments in lieu of taxes of $7,378 for Farmdale. ...-' '1'" 10E 't COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION ENTERING INTO AN ADDENDUM TO A COOPERATION AGREEMENT WITH THE MARION COUNTY HOUSING AUTHORITY AND AUTHORIZING THE MAYOR TO SIGN SAID ADDENDUM. Whereas, MCHA and the City have previously entered into a "Cooperation Agreement" dated March 14, 1980; and Whereas, the terms of said Cooperation Agreement apply to 19 units of low rent housing existing within the corporate limits of the City; and Whereas, since execution of said Cooperation Agreement MCHA has purchased an additional dwelling within the corporate limits of the City located at 1088 Second Street, Woodburn, Oregon; and Whereas, MCHA and the City want to make this additional dwelling subject to the terms of the existing Cooperation Agreement; THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an Addendum to Cooperation Agreement with the Marion County Housing Authority, a copy of which is attached hereto, and by this reference, incorporated herein. Section 2. That the Mayor is authorized to execute said Addendum on behalf of the City. Approved as to for~ City Attorney '1 Lz:!'h, Dat~ { APPROVED: Len Kelley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. .. 9'" 10E v ADDENDUM TO COOPERATION AGREEMENT This Addendum entered into this day of 1993, by and between the Marion County Housing Authority (hereinafter called MCHA) and the City of Woodburn, an Oregon municipal corporation (hereinafter called the City). WITNESSETH: Whereas, MCHA and the City have previously entered into a "Cooperation Agreement" dated March 14, 1980; and Whereas, the terms of said Cooperation Agreement apply to 19 units of low rent housing existing within the corporate limits of the City; and Whereas, since execution of said Cooperation Agreement MCHA has purchased an additional dwelling within the corporate limits of the City located at 1088 Second Street, Woodburn, Oregon; and Whereas, MCHA and the City want to make this additional dwelling subject to the terms of the existing Cooperation Agreement; NOW, THEREFORE, the parties agree as follows: 1. MCHA and the City agree that the Cooperation Agreement executed by the parties and dated March 14, 1980 (a copy of which is attached hereto and by this reference incorporated herein> is amended so as to include an additional dwelling owned by MCHA and located at 1088 Second Street, Woodburn, Oregon. 2. MCHA and the City further agree that all terms, conditions, covenants and performances contained in said Cooperation Agreement shall apply also to the dwelling located at 1088 Second Street, Woodburn, Oregon. 1 ... T' 10E v IN WITNESS WHEREOF, the City and the MCHA have respectfully signed this Agreement ad caused their seals to be affixed and attested as of the day and year first above written. CITY OF WOODBURN: By: Len Kelley, Mayor ATTEST: Mary Tennant, City Recorder (SEAL) MARION COUNTY HOUSING AUTHORITY: By: Chairman ATTEST: (TITLE) (SEAL) 2 - T' COOPERATION AGREEMENT s} 11 it :, I; J- DA-i[ ,,~I/flf0 - ~ CITY RLc.,~_,..::'=-R WOODBUR; L c?~ :2:-J 10E .. This Agreement entered into this 14tfiay of March 1980, by and between the Marion County Housing Authority, herein- after called the MCHA and the City of Woodburn, Oregon, hereinafteJ called the City, witnesseth" In consideration of the mutual covenants hereinafter set forth, the parties hereto do agree as follows: 1. Whenever used in this Agreement: a. The term "Project" shall mean a low-rent housing facility hereafter developed or acquired by the MCHA with financial assistance of the United States of America acting through the Secretary of Housing and Urban Development herein called the Government; excluding, however, any low-rent housing project covered by any contract for loans and annual contributions entered into between the MCHA and the Government or its predecessor agencies prior. to the date of this Agreement. b. The term "Taxing Body" shall mean the State of Oregon Marion County or any political subdivision or taxing unit in which the Project is situated and which would have the authority to assess or levy real or personal property taxes or to certify such taxes to a taxing body or public officer to be levied for its use and benefit with respect to a Project if it were not exempt from taxation. -1- rI - ~.. y 10E v c. The term "Shelter Ren~" shall mean the total of all charges to all tenants of a Project for dwelling rents and nondwelling rents (excluding all other income of such Project), less the cost to the MCliA of all dwelling and nondwelling utilities. 2. The MCHA shall endeavor (a) to secure a contract with the Government for a loan and annual contribution covering the proposed Project comprising approximately ~9 units of low-rent housing and (b) to develop or acquire and administer such Project, which shall be located within the corporate limits of the City. 3. a. Under the constitution and statutes of the State of Oregon all Projects are exempt from real and personal property taxes levied or imposed by any taxing body. With respect to any Project, so long as either (i) such Project is owned by a public body or governmental agency and is used for low- rent housing purposes, or (ii) any contract between the MCHA and the Gove~nment for loans or annual contributions, or both in connection with such Project remains in force and effect, or (iii) any bonds issued in connection with such Project remain unpaid, whichever is the longest, t~e MCHA shall make annual payment in lieu of such taxes and in payment for the public services and facilities furnished from time to time without other cost or charge with respect to such project. b. Each such payment in lieu of Taxes shall be made at the time when real property taxes on such Project -2- I1f _--,..-_ __.. ,__u __ " . .. 't. } 10E v would be paid if it were subject to taxation, and shall be in an amount equal to 10% of the shelter rent charged by the MCHA in respect to such Project during the three month period ending on November 15, February 15, May 15, and August 15 of each year. If governing law ever permits an amount greater than 10% then upon the effective date of such law, this agreement is automatically amended to provide for payment in lieu of taxes to the maximum extent allowed by law, without any further action of any action of any party or other entity. c. The payments in lieu of taxes shall be paid to the County Treasurer who shall distribute such payments among the taxing bodies in the proportion which real property taxes which would have been paid to each taxing body for such year if the Project were not exempt from taxation bears to. the total real property taxes which would have been paid to all of the taxing bodies for such year if the Project were not exempt from taxation; provided however, that no payment for any year shall be made to any taxing body in excess of the amount of the real property taxes which would have been paid to such taxing body for such year if the project were not exempt from taxation. -3- rf .." .., ~ ; d. 10E upon failure o~~ MCHA to make any payment in lieu of taxes no lien against the Project or assets of y MCHA shall attach nor shall any interest or penalties accrue or attach on account thereof. 4. During the period commencing with the date of the acquisition of any part of the site or sites of any Project and continuing so long as either (i) such Project is owned by a public body or governmental agency and is used for low-rent housing purposes, or (ii) any contract between the Local Authority and the Government for loans for annual contributions, or~ both, in connection with such Project remains in force and effect, or (iii) any bonds issued in connection with such Project or any monies due to the Government in connection with such Broject remain unpaid, whichever period is the longest, the City without cost or charge to the MCHA or the tenants of such Project (other than the Payments in Lieu of Taxes) shall fairly and equitably consider MCHA's requests for the following (treating applications from the local authority the same as other similarly situated projects and using the same criteria and procedures as are applicable to other property owners . within the Municipality): a. Furnishing or causing to be furnished to the MCHA and the tenants of such Project public services and facilities of the same character and to the same extent as are furnished from time to time without -4- M .' r } 10E ~ cost or charge to other dwellings and inhabitants in the Municipality; b. Vacating such streets, roads, and alleys within the area of such Project as may be necessary in the development thereof, and conveying without charge to the MCHA such interest as the municipality may have in such vacated areas; and in so far as it is lawfully able to do 50 without cost or expense to the MCHA or to the Municipality, causing to be removed from such vacated areas, in so far as it may be necessary, all public or private utility lines and equipment; c. In so far as the Municipality may lawfully do 50, (i) granting such deviations from the building code of the Municipality as are reasonable and necessary to promote economy and efficiency in the development and administration of such Project, and at thesame time safeguard health and safety,. and (ii) making such changes in any zoning of the site and surrounding territory of such Project as are reasonable and necessary for the development and protection of such Project and the surrounding territory: . d. Accepting grants of easements necessary for the development of such Project; and e. Cooperating with the MCHA by such other lawful action or ways as the Municipality and the Local -5- ~ '--" ) 10E v Authority may find necessary in connection with the development and administration of such Project. 5. In respect to the Project the City further agrees that within a reasonable time after receipt of a written request therefore from the MCHA: a. It will provide or cause to be provided, water mains, storm and sanitary sewer mains, sidewalks, street paving or other public improvements leading to such Project and serving the site and the surrounding area, in consideration whereof the MCHA shall pay to the City such amount as would be assessed against the Project site for such work as if such site were privately owned. 6. If by reason of the City's failure or refusal to furnish or cause to be furnished any public services or facilities which it has agreed hereunder to furnish or cause to be furnished to the MCHA or to the tenants of any Project, the MCHA incurs any expense to obtain such services or facilities then the MCHA may deduct the amount of such expense from any~payrnents in lieu of taxes due or to become due to the City in respect to the Project or any other low-rent housing projects owned or operated by the MCHA. -6- f .-.. '" , : 10E ... 7. No Cooperation Agreement heretofore entered into between the City and the MCHA shall be construed to apply to any Project covered by this Agreement. 8. No member of the governing body of the City or any other public official of the City who exercises any responsibilities or functions with respect to any Project during his tenure or for one year thereafter shall have any interest, direct or indirect, in the Project or any property included or planned to be included in the Project, or any contracts in connection with such Projects or property. If any such governing body member or other public official of the City involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, he shall immediately disclose such interest to the MCHA. 9. So long as any contract between the MCHA and the Govern- ment for loans, including preliminary loans, or annual contributions, or both, in connection with the Project remains in force and effect or so long as any bonds issued in connection with the Project or any m9nies due to the Government in connection with the Project remain unpaid, this Agreement shall not be abrogated, changed, or modified without the consent of the Government. The privileges and obligations of the City hereunder shall remain in full force and effect with respect to -7- rf .,'''' T' 'il 10E 't such Project as long as the beneficial title to such Project is held by the MCHA or by any other public body or governmental agency, including the Government, authorized by law to engage in the development or administration of low-rent housing projects. If at any time the beneficial title to or possession of the Project is held by such other public body or govern- mental agency, including the Government the provisions hereof shall inure to the benefit of and may be enforced by such other public body or governmental agency, including the Government. IN WITNESS WHEREOF, the City and the MCHA have respectively signed this Agreement and caused their seals to be affixed and attested as of the day and year first above written. CITY OF WOODBURN (Corporate Name of Municipality) (SEAL) BY~<~ MAYOR . .. Title ATTEST: 110[~uJ:Ji ( it e) Deputy City Recorder Marion County Housing Authority (Corporate Name of Local Authority) ( SEAL) By4/~~ ~~~ Executive DirectorjSecretarY-8- rif - " 14A 't MEMO TO: Mayor and City Council through City Administrator FROM: Woodburn Planning Commission SUBJECT: Site Plan Review 93-11 , Silvercrest/Western Homes Manufacturing Plant DATE: September 15, 1993 At their hearing of September 9, 1993 the Woodburn Planning Commission approved to add two pre-engineered steel lean-to style buildings to the Silvercrest/Western Homes Manufacturing Plant on Industrial Way with certain site plan conditions. The site currently contains 98,600 square feet of building space with various outbuildings. The applicant wishes to add a 69 foot x 45 foot warehouse to store insulation and a 69 foot x 100 foot frame assembly shop. Both structures will be tied into the existing plant. lIP' ";1 148 v MEMO TO: Mayor and City Council through City Administrator FROM: Planning Commission SUBJECT: Site Plan Approval 93-04 French Prairie Assisted Living Care Facility DATE: September 15, 1993 At their hearing of September 9, 1993 the Planning Commission approved, with conditions the development of a 40 unit assisted living facility on a one acre lot adjacent to the Evergreen Family Medical Clinic on Evergreen Road. The intent of this facility is to house ambulatory residents who may need assistance in daily functions such as dressing, bathing, medication dispensing and housekeeping. The program will provide for one bedroom efficiency units as approved by the State Office of Health Policy. In addition to the above mentioned daily assistance, two compulsory meals per day will be provided. the grounds will be maintained by the owners who are also the operators of the adjoining nursing facility. ..r ~. .'~ : ~ ~ ("j~., ~..., =.' 1 t19 :1 6OO~' .5' '-:-::-:-:i;;.~:V . -:. -x' C). ~04 . .tHOTZ<<XJ i ...,..... ~1'fHSIr i ~ ~. f6RCEl..1. ~ - ~s- - - ~. f.M<%L.z..o ~.~.If ,. 0 602.:.-.. - CJ 1.2$0:. .' 0 '--.. t'. ...:..... i'o. ~: a: .. ..... . .,-~ .~. ".'. '. .'.e..,.. ::. -., .~ S.TA<;v ~SoN yiAY ~ I UJ u.J ~ U, Q::' lU Ul 100 \ . ~ ti . ~. .. . lIP' ~ ~ ~ ~ 'F:; ! .~ 148 \ IP' or" 15A 't MEMO TO: Mayor and City Council through City Administrator FROM: Community Development Director SUBJECT: Bi-Mart/Shop-N-Kart Fence Issue DATE: September 15, 1993 On September 13, 1993, under Business From the Audience, the Council heard the impassioned concerns by citizenry that reside in the Alexandra Drive area regarding trespassing, garbage and unacceptable social behavior of persons who leave the Bi- Mart/Shop-N-Kart stores and trespass across private property accessing Alexandra Drive. The Council, in discussing this with the citizenry, instructed city staff to require the store owner(s) to erect a 7 foot fence on their westerly and south property lines which would connect to existing fencing. Prior to the September 13, 1993 Council meeting I had a telephone conversation with Dick Hunsaker, representative with Bi-Mart Corporation. Mr. Hunsaker stated he was proceeding with the project to erect a 5 foot fence along the west and south property lines of the Bi-Mart property. Dale Carver of Security Fente has been awarded the contract to complete the work. Based on the fact that the council was interested in a 7 foot fence I contacted Mr. Hunsackeron September 14, 1993 to convey to him the Councils wishes. In addition I told Mr. Hunsaker that with his permission I would contact Mr. Larry Brons of Shop- N-Kart regarding cost sharing in the building of a chain link fence. On September 15, 1993 Mr. Hunsaker called me to say that a 6 foot fence could be erected but a 7 foot fence was cost prohibitive since it would have to be custom ordered. He wanted city staff to approve this height. His objective was to begin construction on September 20, 1993. My response was that I would have to secure Mayor and Council approval for this option prior to him proceeding with any construction. Tentative informal approval was secured to build the 6 foot fence from the Mayor and Council. I therefore told Mr. Hunsaker that he could proceed with the erection of a six foot fence. An attached site plan identifies that area to be fenced. ."., ,. 1'-, MY. HOOD ,.V& I F---- ---I - "" T' 15A 't . . , CH1\\N \.''''K 'N \\\.-\,.$ \1..1S ot=rrrfiil "'A.fM. ~ 158 \ MEMO TO: Mayor and City Council FROM: Chris Childs, City Administrator ~ SUBJ.: Background on Citizens' Review Commission DATE: September 23, 1993 At the conclusion of the September 13, 1993 Council meeting it was suggested that some background information might be helpful concerning the Citizens' Review Commission, which was formed in the early 1980's and functioned sporadically through the balance of the decade. Discussion centered around whether or not it is necessary to make membership appointments to facilitate reactivation of the commission. Because of more pressing current issues, time has not permitted a thorough examination of the background of this commission, including interviews with many people who were directly involved with the CRC and would have first-hand knowledge of the commission's role in local affairs. I hope to be be able to provide Council with a staff report on this subject at the October 11, 1993 Council meeting. '"', ,.. 15C ~ M E M 0 SUBJ. : Mayor and City Council chris Childs, City A4ministrator communications Center Manaaer Vnr" TO: FROM: DATE: september 17, 1993 I am pleased to advise you of the appointment of Marianne W. Wolf as the new Communications Center Manager for the City of Woodburn/NORCOM 9-1-1 dispatch center. For the past eleven years, Ms. Wolf has served as Communications supervisor for the Eugene, Oregon Department of Public Safety. This position has included a wide variety of duties in connection with the operation of the Central Lane Communications Center in Eugene. She has also served as an Assistant Public Information Officer for the Department of Public Safety, coordinating media relations regarding departmental activities and major "on-scene" incidents. Ms. Wolf has an Associate's Degree in criminal Justice from Lane Communi ty College and has recently been involved in the "Eugene Decisions Project Team", a citizen involvement process geared toward sustaining a community-supported city service and funding strategy. She has also participated in the United Way "Loaned Executive" program. Marianne Wolf's knowledge and experience in the emergency communications field should prove invaluable in keeping Woodburn's communications center moving forward as a top-notch facility providing an essential service to the community. I hope that Council members will have the opportunity to meet Ms. Wolf on the evening of Sept. 27th. She will officially begin her duties on Tuesday, September 28, 1993. .... ... DATE; MONDAY, SEPTEMBER 27,1993 WHERE THE CITIZENS REVIEW COMMISSION COULD HAVE BEEN ENGAGED 1. THE ALLEGED RAPE INCIDENT. 2. THE LABOR NEGOTIATION, INCLUDING THE FLYER AND ARTICLE. 3. THE INSURANCE BIDDING PROCESS. 4. THE EMPLOYEE CONCERNS. 5. THE DISSATISFACTION OF THE SENIOR NEIGHBORHOOD ASSOCIATION. 6. THE TRANSPORTATION STUDY PLAN, STATE & CITY MISUNDERSTANDING. ...... .... DATE: MONDAY SEPTEMBER 27. 1993 MEMO. TO: CITY COUNCIL, AND CITY ADMINISTRATOR, CHRIS CHILDS FROM: MAYOR LEN KELLEY SUBJECT: ORDINANCE 1865, IN CONJUNCTION WITH THE UNITED STATES DEPARTMENT OF JUSTICE; COMMONLY KNOWN AS THE WOODBURN CITIZENS REVIEW COMMISSION. From requests, at previous council Meetings, I have received some names for appointments to the Woodburn Citizens Review commission. From these recommendations and other names I have interviewed many Woodburn residents for possible appointment. After obtaining their assent I hereby appoint the following to the Woodburn citizens Review Commission: 1 YEAR TERM (3) Mr. William Larson Mr. James Equall Ms. Marie Gonzales 1380 Astor Way 1705 Tomlin 1190 Hardcastle 2 YEAR TERM (3) Ms. Pam Davis Mr. Mike Bizon Mr. Gary Marrell 1039 Blaine street 896 Kelowna 1150 willow Street 3 YEAR TERM (3) Mr. Don Bray Mrs. Dunya posnikov Mrs. Lydia Chadwick 1111 Park Avenue 562 South First Street 1180 Dellmoor Way ALTERNATES Alan Arntzen Mike Padburg Shirley Radamaker 3162 Nikia Urban Growth Boundary 1395 Thompson v ..... ,.. OREGON STATE VETERANS' HOME y . FacUity: The Home wi 11 have a 1S1-bed capacity. 1nc1 uded are three 42-bed skilled and semi-skilled care wings, and one 25-bed Alzheimer's wing. The facility will have a rotating occupancy; when patients' conditions and care needs improve or, when patients' succumb to their condition, they will be replaced by other veterans in need. Philosophy: The philosophy of care at the Oregon Veterans' Home will be to assist residents in functioning to their highest potential, in the most independent environment possible. The intent will be to avoid an institutional atmosphere. This will be accomplhhed by creating a supportive. therapeutic, homeltke environment that incorporates the veteran's family, fellow veterans, and staff. Ouality of Ufe: Veterans who reside in State Veterans' Homes are recognized for their service and veteran status. They are surrounded by fellow veterans and volunteers, as an "extended family." Veterans in a State Home maintain self-esteem. They see themselves as be1ng cared for through the1r own resources 1n return for the1r service. Veterans tend to respond very well to the care prov1ded 1n these fac1l1t1es. General Fund Savings: The State of Oregon supports from 800-1.000 veterans cont1nuous1y through Med1ca1d. Of these. Senior and D1sabled Services Divis10n currently ident1f1es from 160-200 who meet the eligibility criteria proposed for the Veterans' Home. Oregon would save $1,500-$1,600 per month for everyone of these veterans who were cared for in a Veterans' Home, rather than in a private-sector Medl ca 1 d facility. This is due to federal VA disability income and a sp~cia1 Per Diem that veterans are ent1tled to in a State Veterans' Home, but not in a private facility. This presents a potential General Fund savings of $1.2-$1.4 million annually through development of the Oregon Veterans' Home. , .... ,... Oregon state Veterans' Home Page 2 'v " ~: The projected cost for constructing and equipping the 151 bed. 72,000 square foot facility Is approximately $10 million. COntingencies. fees, and other related costs make total project cost approximately $13 million. The federal government will provide 65 percent of total project cost ($8.4 million) through a VA grant. The remaining state obligation is 35 percent ($4.6 million). Fundlnq: The law gives Oregon Director of Veterans' Affairs. Jon Mangls. authority to solicit the state grant match obligation from local communities or counties In return for location of the facility In their city or county. This partnership approach has recently been successful in Minnesota and Alabama. If the above Is not accomplished. the Director of ODVA Is authorized to issue Certificates of Participation (C.O.P.) in the amount necessary. Repayment of the debt would be made through General Fund appropriation. from that amount that would have been required by Senior and Disabled Services Division to support those veterans through Medicaid. An example of a 20 year C.O.P. would require approximately $500.000 annual debt service. The State would realize an approximate $700.000 annual General Fund Medicaid cost-avoidance savings beyond the debt repayment during this period. Due to the income flow of fed~ra1 VA disability Income. VA Per ~iem. and Soda1 Security that the state Home resident veterans are ent1tled to, the Veterans' Home will be operated self-sufficiently once full occupancy (95~) Is reached. Several states are operating such facilities self-sufficiently. In addition, a Trust Fund will be establ\shed by Director Mangls to accept donations, bequeaths, and revenues not required for operational expenses, since such facilities may not "profit." This Fund will serve as a "back-up" in the event operational revenues experience a down-fall. . ,",' '!". Oregon State Veterans' Home Page 3 v " Econom1c Impact/Staff1ng: There w111 be s1gn1f1cant economic benef1t to the community 1n wh1ch the fac111ty 1s located. In add1t10n to the $13 m1ll10n. e1ghteen month construct10n and development phase. the fac111ty w111 employ 105-107 staff. w1th an annual payroll exceed1ng $2 million. Visitation dollars into the community will add considerably. Location: The site of the Oregon Veterans' Home is undeterm1ned at this time. The location will depend upon the solicitation for funding process that will be conducted. ~: Oregon has one of the highest per capita veteran populations in the country. Over half of all elderly (65+> male Oregonians are veterans. Oregon has one of the fastest growi ng older veteran populations in the country. The over age 75 Oregon veteran population alone w1ll 1ncrease by 150 percent by 2005. National Picture: Oregon w1l1 join forty-five states which already have or are in the process of bu1l di ng State Veterans' Homes. States all across the country are bul1d1ng new fac111tles at a rapid pace. recognizing and responding to the cost-savings advantages. This joint Federal-State partnership program has been 1n existence for over 100 years, but has shifted emphasis in the last decade from res1dentia1, "old soldiers" retirement fac11ities. to higher level long-term care facllit1 es. Add1tiona1 Informat10n: Lyall Fraser. Project Director. ~DVA. (503) 373-2383; Sharon Robertson. Public Affairs D1rector. ODVA. (503) 373-2386. 1292 ,",' T"