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Agenda - 09/13/1993 CITY OF WOODBURN 270 MONTGOMERY STREET, WOODBURN, OREGON AGENDA WOODBURN CITY COUNCIL SEPTEMBER 13, 1993, 7:00 P.M. J ****COUNCILWORKSHOPWITH **** CABLE TV COMMUNITY ACCESS ADVISORY COMMITTEE SEPTEMBER 13, 1993 - 6:00 P.M. CITY HALL COUNCIL CHAMBERS CALL TO ORDER AND FLAG SALUTE ROLL CALL MINUTES A. Council minutes of August 16, 1993 special meeting, August 23, 1993 regular & executive meetings and August 30, 1993 workshop. B. Library Board minutes of August 25, 1993. APPOiNTMENTS/ANNOUNCEMENTS/PROCLAMATIONS APPOINTMENTS ANNOUNCEMENTS: Public Meeting: Marion County Solid Waste Management Plan Development: Tuesday, September 14, 1993; 6:30 p.m. - 9:00 p.m. Woodburn Community Center PROCLAMATIONS Neighbors Make the Difference Day: September 14, 1993. COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn Comeback Campaign COMMUNICATIONS A. Written BUSINESS FROM THE PUBLIC (This allows public to introduce items for Council consideration not already scheduled on the agenda.) PUBLIC HEARINGS A. Dangerous building: B. Dangerous building: C. Dangerous building: 573 N. Front Street (Pool Hall) 479 N. Front Street (Smart Shop) 199 N. Front Street (Old Bank) Page I - Woodburn City Council Agenda - September 13, 1993. 3A 3B 4C 8A 8B 8C 9. TABLED BUSINESS 10. GENERAL BUSINESS A. Council Bill No. 1490 - Ordinance establishing methodology for traffic impact fees (TIF) & stormwater drainage system development charges (SDC). B. Council Bill No. 1491 - Resolution setting amounts of traffic impact fees and stormwater drainage system development charges. C. Council Bill No. 1492 - Resolution authorizing agreement for law enforcement chaplaincy services. D. Council Bill No. 1493 - Resolution authorizing agreement with Oregon State Police for gang enforcement services. E. Council Bill No. 1494 - Resolution authorizing agreement for credit information services. F. Council Bill No. 1495 - Resolution approving Special Transportation Funds agreement. G. Council Bill No. 1496 - Resolution authorizing interdepartmental borrowing of funds during FY 1993-94. H. Award of Bid: Used vehicle for Public Works Department. I. Request for authorization to pursue Bureau of Justice grant for Police Hiring Supplement Program. 11. APPROVAL OF CLAIMS A. Bills for the month of August, 1993. 12. PUBLIC COMMENT 13. NEW BUSINESS 14. SITE PLAN ACTIONS 15. STAFF REPORTS A. Conclusion of Stonehedge Properties case. B. Building Activity Report for August 1993. C. 1993 League of Oregon Cities conference: Nov. 6 - 8, 1993. D. Coliform in City Water. 16. MAYOR AND COUNCIL REPORTS 17. EXECUTIVE SESSION - To conduct deliberations with persons designated by the governing body to negotiate real property trans- actions. Authority: ORS 192.660(1)(e). 18. ADJOURNMENT Page ~1, - Woodburn City Council Agenda - September 13, 1993. ~ IOA lOB .10C 10D 10E 10F 10G 10H 11A 15A 15B 15C 15D SPECIAL COUNCIL MEETING MINUTES August 16, 1993 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 16, 1993. OOO3 CONVENED. The Council met in a special meeting at 7:05 p.m. with Mayor Kelley presiding. 0008 ROLL CALL. Mayor Kelley Present Councilor Figley Present (7:07 p.m.) Councilor Galvin Present Councilor Hagenauer Present Councilor Jennings Present Councilor Mitchell Present Councilor Sifuentez Present OO20 Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Public Works Manager Rohman, City Recorder Tennant CONTINUATION OF PUBLIC HEARING - COMPREHENSIVE TRANSPORTATION PLAN AMENDMENTS #93-02, Mayor Kelley declared continued the public hearing at 7:06 p.m.. Community Development Director Goeckritz re-read the required land use statement which involves modifications to the transportation system in the I- 5/Hvvy 214 interchange. Director Goeckritz entered the following exhibits into the record: 1) Highway 214/I-5 interchange study by Kittleson & Associates which includes the narrative and formulas; 2) Staff memo dated August 9, .1993; 3) Letter from ODOT dated August 9, 1993; and 4) additional correspondence from Attorney Wally Lien dated August 9, 1993. Director Goeckritz reviewed the area covered by this portion of the transportation plan and the alternatives discussed by the Task Force towards the improvement of the interchange. The Task Force has recommended that the split diamond interchange be pursued by the City in conjunction with the planning of a southwest by-pass. The Capital Improvement Program (CIP) outlines the various road improvements necessary over the next 20 years and, as a requirement within the Transportation Plan, funding sources must be identified. Page I - Special Council Meeting Minutes, August 16, 1993 SPECIAL COUNCIL MEETING MINUTES August 16, 1993 TAPE READING 0467 0816 The Council received an addendum to the original packet of information submitted at the June 7, 1993 hearing which included 1) a response to the Department of Land Conservation & Development's concerns, 2) Citizen responses, and 3) a response to ODOT's concern which are addressed in the Kittleson & Associates report. Director Goeckritz reiterated that this hearing only encompasses Phase I of the overall Transportation Plan. It will probably be another year before a the full plan is adopted by the Council. Director Goeckritz also stated that the staff is recommending the continuation of this hearing until September 27, 1993 for the following reasons: 1) ODOT has requested a 20 day extension to review the City's responses to their initial concerns; and 2) the letter from Attorney Wally Lien suggests particular language that should be reviewed by the Transportation Task Force. He also suggested that additional public testimony be received at this meeting before a motion to continue is considered by the Council. Dean Seaman, representative from Kittleson & Associates, briefly reviewed the conclusions from the original study as it relates to the types of improvements identified by the Task Force. He discussed the advantages and disadvantages to the interchange alternatives and stated that the split diamond interchange would provide the most flexibility in meeting the projected traffic needs. He stated that ODOT had questioned the City as to the feasibility of building another overpass to move east/west traffic and the City's response to ODOT was that another access to I-5 is necessary to reduce traffic congestion. They also questioned the feasibility of widening Highway 214 to a 6-lane roadway. If this were to occur, there would be significant land use changes to adjacent property owners and it would require the demolition of buildings to accommodate the expanded roadway. Public Works Director Tiwari reiterated that the Capital Improvement Program and funding alternatives are an integral part of the overall Transportation Plan. The Transportation Task Force has identified the following funding sources: 1) increase of the local gas tax, 2) systems development charges, 3) motel/hotel tax increase from 6% to 7.5%, and 4) business registration tax. Councilor Figley questioned if the Task Force had pursued the concept of a bond issue as part of the funding alternatives. Director Tiwari stated that there had been some cursory discussion on a revenue bond issue versus a general obligation bond but he did not feel that it was seriously considered by the Task Force since property taxation has been an on-going issue within the community. He stated that the City of Salem does have a general obligation bond for street improvements. _ _ Page 2 - Special Council Meeting Minutes, August 16, 1993 SPECIAL COUNCIL MEETING MINUTES August 16, 1993 TAPE READING 1 O45 1172 1190 1364 Barbara Lucas, 214 E. Clackamas, spoke in favor of the Task Force's recommendation for the interchange improvements and financing alternatives. She urged the Council to consider the widening of Highway 214 and the construction of a southwest by-pass to relieve traffic congestion in that area. She also urged the Council to place a gas tax measure before the voters as early as November 1993. Susan King, representing the Chamber of Commerce, requested that the Council appoint a representative of the Chamber as a member of the Transportation Task Force. Wally Lien, Attorney representing the Senior Estates Neighborhood Association, stated that his letter to the City on this issue has been placed into the public hearing record and that he would agree with the staff's recommendation that his suggested language changes be reviewed by the Transportation Task Force prior to discussion by the Council. He stated that his clients are proposing the concept of a "safe zone" around Senior Estates and preserving the status quo of that area. By a show of hands (estimated 50 people), most of the audience were in agreement with Attorney Lien's comments. Tom Ellicott, representing Capital Development, stated that the proposed split diamond and southwest by-pass would have a potentially negative impact on the development of their property. He also stated that discussions with staff members indicated that the Butteville/Parr Rd. overpass would more likely be the southwest by-pass. He suggested that improvements be made to the existing interchange area rather than dividing their property. Additionally, he objected to the proposed rates for the Traffic Impact Fee and System Development Charge which would fund transportation and storm water capital improvements. He felt that the proposed fee schedule would definitely deter large commercial development within Woodburn. 1624 JENNINGS/FIGLEY .... continue the public hearing until September 27, 1993, 7:00 p.m.. The motion passed unanimously. 1639 ADJOURNMENT. The meeting adjourned at 8:00 p.m.. APPROVED LEN KELLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 3 - Special Council Meeting Minutes, August 16, 1993 COUNCIL MEETING MINUTES August 23, 1993 TAPE ~ READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST Z3v 1993. OOO3 CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kelley presiding. 0022 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kelley Figley Galvin Hagenauer Jennings Mitchell Sifuentez Present Present Present Present Present (7:38 p.m.) 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 O022 MINUTES. FIGLEY/SIFUENTEZ... approve the Council minutes of July 26, August 9 and 11, 1993; and accept the Planning Commission minutes of July 22 and August 12, 1993, the Library Board minutes of July 21, 1993, and the Recreation and Park Board minutes of July 12, 1993. The motion passed unanimously. 0050 ANNOUNCEMENTS · The continuation of a public hearing on the Transportation Plan will be held on Monday, September 27, 1993, 7:00 p.m., at City Hall. 0056 CHAMBER OF COMMERCE REPORT. Jane Kanz, Chamber Executive Director, advised the Council that the Chamber was very pleased with the results of their Auction and they will be making a contribution to the Centennial Park project after the net profit has been determined from the auction. 0081 0092 WOODBURN COMEBACK CAMPAIGN. Councilor Figley stated that the next meeting of the Comeback Campaign will be held on Wednesday, August 25th, 6:00 p.m., at City Hall. The topic for discussion is gang graffiti and she encouraged interested individuals to attend the meeting. Councilor Figley also stated that a letter had been received from the Mid-Willamette Valley Council of Governments which she will be bringing up for Council action under New Business. Page i - Council Meeting Minutes, August 23, 1993 COUNCIL MEETING MINUTES August 23, 1993 TAPE READING 0109 CONTINUATION OF PUBLIC HE/%RING ON D]%NGEROUS BUILDING - 237 N. 0142 FRONT STREET (BAHAI). Mayor Kelley continued the public hearing at 7:06 p.m.. Community Development Director Goeckritz stated that the bricks and parapet have been repaired and he recommended that the building be removed from the dangerous building list. FIGLEY/SIFUENTEZ .... remove 237 N. Front Street from the dangerous building list. The motion passed unanimously and the Mayor declared this public hearing closed. CONTINUATION OF PUBLIC HEARING ON DANGEROUS BUILDING - 573 N. 0182 FRONT STREET (GARCIA'S POOL HALL). Mayor Kelley continued the public hearing at 7:07 p.m.. Director Goeckritz stated that property owner has proceeded with structural changes and it is anticipated that the building will be repaired within two or three weeks. He recommended that the public hearing be continued until September 13, 1993 at which time the project should be completed. FIGLEY/SIFUENTEZ .... public hearing on the building located at 573 N. Front Street be continued until September 13, 1993. The motion passed unanimously. CONTINUATION OF PUBLIC HEARING ON DANGEROUS BUILDING - 479 N. 0260 FRONT STREET (SMART SHOP}. Mayor Kelley declared the public hearing open at 7:08 p.m.. Director Goeckritz stated that he had spoken to John Gunther, representing David Lindenmuth, who advised the staff that Small Business Administration (SBA) funding had been secured. The structural plans should be completed within the near future and, upon approval by the City and County, repairs will be made by the property owner. FIGLEY/SIFUENTEZ .... public hearing on 479 N. Front Street be continued until September 13, 1993. The motion passed unanimously. CONTINUATION OF PUBLIC HEARING ON DANGEROUS BUILDING - 347 N. FRONT STREET. Mayor Kelley continued the public hearing at 7:12 p.m.. A1 Nunez, Executive Director of the Salud Medical Clinic, stated they were exploring the options to buy new property, build a new building, or repair the existing building. A feasibility study was completed which determined that the purchase of the restaurant building should be pursued. A property appraisal has been completed of the Brack's Restaurant building, however, it is unknown as to whether or not the appraisal will be accepted by the property owners. Discussion was held regarding the existing building and what the Clinic's plans would be if the restaurant property is purchased to house the Clinic. - Page 2 - Council Meeting Minutes, August 23, 1993 TAPE READING 0675 0703 COUNCIL MEETING MINUTES August 23, 1993 Director Nunez stated that he did not have an answer to that question at this time, however, the Council of Governments has advised him that another non-profit organization could obtain a block grant to repair the building. He stated that he had contacted a few non-profit organizations to see if there was any interest in pursuing this option but he was not going to make additional contacts until after a decision had been made on their own situation. In regards to the building on N. Front Street, he stated that it does not pose a problem to the public on the outside of the building, however, it is unsafe to occupy due to the damage on the second and third stories. Community Development Director Goeckritz agreed with Mr. Nunez's assessment of the building, however, he expressed his concern on the potential deterioration of the building over an extended period of time. FIGLEY/SIFUENTEZ .... continue the public hearing until September 27, 1993. The motion passed unanimously. CONTINUATION OF PUBLIC HEARING - TRAFFIC IMPACT FEE FOR TRANSPORTATION AND SYSTEMS DEVELOPMENT CHARGE FOR STORM WATER. Mayor Kelley continued the public hearing at 7:27 p.m.. City Administrator Childs introduced into the record letters from the following individuals: Preston Tack, Terry Will, Dan Ritter (representing Davidson Farms), Tom Ellicott (representing Capital Development), and George Brice (representing Brice Investments). Public Works Director Tiwari stated that the current state law provisions governing systems development charges has been in effect since 1991. One component of the Oregon Transportation Rule is to provide a financial plan to fund future transportation capital improvements. The Transportation Task Force has recommended several funding alternatives of which the Traffic Impact Fee is one of those alternatives. At the July 26th Council meeting, the detailed explanation on the methodology was presented by the City's consultant, Don Gainer, and some discussion was held regarding the policy decisions which need to be made by the Council. Director Tiwari reviewed the material presented at the July 26th hearing. He also brought to the Council's attention the following major points within the draft Resolution: 1) Fee Schedule - a) Traffic Impact Fee - phase-in of 50%, 58% and 66% b) SDC - $.11 per sq ft of impervious surface 2) Alternate Rate Review - $250 + 1/2 City paid consultant fee 3) Alternate Payment Plan Fee - $100 fee and interest at the rate of prime rate + 3%. (Councilor Jennings 'arrived at 7:38 p.m..) Director Tiwari also reviewed the specific language included in replacement pages which were distributed at the meeting. The Councilors questioned Director Tiwari on various item~ - Page 3 - Council Meeting Minutes, August 23, 1993 COUNCIL MEETING MINUTES August 23, 1993 TAPE READING 2148 Tape 2 such as the consultant fee, impact on future development, comparison of rates charged by other cities and counties, and how the number of trips were determined within various categories. Preston Tack, 2197 Camilla Way, spoke in favor of the proposed Traffic Impact Fee and Systems Development Charge since future users of the system should pay their fair share. He also expressed his concern as to the potential impact to the taxpayers for the differential in costs to make necessary capital improvements. Brent Reddaway, representing the Chamber Business Development Committee, read a statement into the record expressing the Chamber's awareness of the importance for efficient operations within the business community and urging the Council to work with the State to expedite the widening of Highway 214. They offered their assistance in any capacity to facilitate the beginning of this process. The Chamber also suggested that the TIF be less than the proposed 50% level and that it be phased-in over a five year period. Additionally, an exit be established at Parr Road rather than the proposed split diamond. Gene Chrisman, landholder of property located in the Woodburn interchange area, objected to the size of the proposed fees and negative impact that might occur as it relates to large commercial developments. Jack Fox, Commercial/Industrial Developer in Salem, stated that he recognized the need for the proposed charges but he felt that the proposed fee schedule was too aggressive and may drive development away from the area. He did not feel that a five-year payment plan was feasible and suggested that if it is allowed, it should be for a longer period of time at a lower interest rate. He also objected to the use of national figures to determine costs and that the appeals process does not always work since potential tenants are not always willing to wait for the outcome of the appeal. Floyd Lenhardt, 2100 N. Pacific Highway, reiterated his concerns on the impact to small businesses who may want to expand or relocate within the City. He suggested a lower TIF of 20% - 25% if the TIF is necessary but he urged the Council to look at other funding alternatives. Mick DeSantis, 700 Smith Drive, stated that development fees continue to rise and that they have been getting out of proportion over the last 3 or 4 years. Local residents should take part in paying for the improvements since they continue to use the same services rather than placing the full burden on new development whether it be residential, commercial, or industrial. Ty Radley, 1740 E. Hardcastle, objected to the TIF since it 'would have a tendency to'keep-businesses out of Woodburn Page 4 - Council Meeting Minutes, August 23, 1993 COUNCIL MEETING MINUTES August 23, 1993 TAPE READING rather than encouraging some growth. He also questioned if other small cities around Woodburn and the metro area had system development charges and, if so, how they compare to the proposed charges. He stated that he would be willing to pay his fair share to make necessary improvements. Doug Templeton expressed his concern as to the impact the proposed charges would have on small businesses which are located just outside of the city limits. He felt that the TIF at the 50% level was too high. 0293 improvements. Public Works Director Tiwari stated that the fees would go towards funding of Capital Improvement projects. The Transportation Plan looks at potential improvements over the next 20 years and funding sources need to be identified as part of the plan. It is a Council policy decision as to what percentage, if any, is levied and how long of a phase-in would be allowed. He reviewed estimated costs for the various projects listed as part of the 20 year plan and reiterated that system development charges would only fund a portion of the total estimated cost. He stated that most communities of Woodburn size or larger are looking at system development charges or already have them in place. For example, Canby is in the process of developing system development charges for water, sewer, parks, and transportation. He stated that systems development charges cannot be used to improve existing deficiencies, therefore, other funding sources need to be determined to pay for those improvement costs. The repayment schedule for the proposed Traffic Impact Fees are part of the Council's policy decisions. In regards to the trip generation rates, they may not be actual but they have been nationally accredited. The national trip lengths have been reduced by one-third for the purpose of trying to take into account differences in location, etc.. Councilor Mitchell expressed his concern regarding the proposed interest rate on the payment plan. He suggested that the i year Treasury Bill be used to determine the interest rates rather than prime rate + 3%. Additionally, future developments located outside of the city limits would not be paying system development charges for improvements even though they would adding more traffic to the City's road system. Councilor Figley also expressed her concern regarding the percentage level for the TIF and the proposed interest rate. She felt that a city-wide bond issue should be presented as part of the financial plan since all local residents and businesses need to pay a fair share of the improvements. It was also noted that the City needs to put pressure on the State Transportation Department for funding of projects, however, the Transportation Plan needs to be put in place before the State will seriously consider assisting with the Page 5 - Council Meeting Minutes, August 23, 1993 TAPE READING 0879 1400 COUNCIL MEETING MINUTES August 23, 1993 Mayor Kelley declared the public hearing closed at 9:03 p.m.. The Council discussed the areas of concern addressed by the public and the need to equitably fund the improvement projects. It was also noted that the Transportation Task Force did not set any specific fee schedule for the system development charges and part of their work over the next few months is to look at other funding sources. JENNINGS/FIGLEY... an ordinance be drafted for the proposed system development charge for storm water and the Traffic Impact Fee beginning at 25% with a 1% increment increase per year for 5 years beginning January 1, 1994, a $25,000 payment plan, and the interest rate charged on the payment plan be at the lowest rate possible to the contractor. On roll call vote, the motion passed unanimously. A recess was called for at 9:20 p.m. and the meeting reconvened at 9:28 p.m.. PUBLIC HEARING - HIGH]TAY 99E SIDEWALK SPECIAL ASSESSN~NT 1753 DISTRICT. Mayor Kelley declared the public hearing open at 9:29 p.m.. Public Works Manager Rohman stated that the City had entered into an agreement with the Department of Transportation regarding the improvement of Highway 99E from Lincoln Street to the north city limits. As a part of the agreement, the City paid ODOT $63,000 for the installation of sidewalks in those areas in which none had previously existed. In June 1993, the special assessment district process was initiated with the engineering report and a public hearing was scheduled for August 9, 1993 which was continued until this meeting date. The City has received one written remonstrance from William & Gwyla L. Whistler which represents 6% of the total front footage being assessed. Additionally, the City has submitted a request to Marion County to allow the City to assess properties located outside of the city limits but within the project area for their fair share of the costs for the sidewalks. In regards to the Welsher property, tax lot #42150.00, the assessment will be taken off the list since their property originally had sidewalks. Councilor Jennings stated that he has heard from property owners in the affected area that State Right-of-Way Agents had told the property owners that they did not have to pay any additional fees. He suggested that there may be a problem that needs to be addressed between the City and State. Public Works Manager Rohman stated that he had recently spoken with an ODOT Supervisor who advised him that ODOT did not make any commitments to the property owners. Ivan Orton stated that the State had taken a 10 foot easement off of their property and Right-of-Way Agent David Johnston had told them that a five foot sidewalk and bikeway would be Page 6 - Council Meeting Minutes, August 23, 1993 TAPE READING 2607 COUNCIL MEETING MINUTES August 23, 1993 installed in lieu of a payment to them for their property. Floyd Lenhardt stated that he had also received the same information from Right-of-Way Agent Ross Yamaski. He stated that he had written letters to him and his immediate supervisor regarding this issue. He did receive a telephone call from Mr. Yamaski today advising him that the City did have an agreement with the State. Mr. Lenhardt objected to paying the assessment and stated that he would have asked for more money from the State if he would have known about the sidewalk assessment. He also stated that there seems to have been some confusion by ODOT Right-of-Way Agents since two different offices were handling the securing of additional property and the agents from the Portland area were unaware of the new provisions as agreed to by the Salem office. Gayle Gregory, purchaser of the Orton property, stated that they were told that the State would take care of the sidewalk installation and that there would be no other fees or assessments for the sidewalk. Gerald Yoder, 1185 N. Pacific Hwy., stated that he had sold 5 foot of property to the State and that his concern was more towards loss of his driveway area. At the time, he had a full driveway area in front of his property and he did not think about a potential sidewalk located on any portion of his property. Richard Henkes, 1041 N. Pacific Highway, also stated that he was under the impression that the improvements were to be a part of the land sale to the State Highway Department. Public Works Manager Rohman stated that even though sidewalks are installed within the public right-of-way, the property owners are still responsible for their maintenance. The Mayor closed the public hearing at 9:5'3 p.m.. Discussion was held regarding the potential misrepresentation by State Right-of-Way agents of the financial responsibilities that the property owners would be expected to pay under the sidewalk provisions of the agreement. Attorney shields suggested that a decision on the issue be continued until a specific date and the staff be directed to contact the State Transportation Department to get their position on this issue. JENNINGS/MITCHELL .... decision be tabled until September 27, 1993. The motion passed unanimously. COUNCIL BILL 1488 - ORDINANCE ACCEPTING A MARION COUNTY YOUTH SERVICES COMMISSION GRANT RECEIVED DURING FISCAL YEAR 1993-9~ AND MAKING APPROPRIATIONS. Council Bill 1488 was introduced by Councilor Hagenauer. The two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kelley declared the bill duly passed with the emergency clause. Page 7 - Council Meeting Minutes, August 23, 1993 TAPE READING 2736 COUNCIL MEETING MINUTES August 23, 1993 COUNCIL BILL 1489 - RESOLUTION ~MENDING STATE DEPARTMENT OF 2791 2815 TRANSPORTATION COOPERATIVE AGREEMENT NO. 11t362 FOR ROADWAY REkLIGNM~NT AND SI~NkL INSTALLATION ~T COUNTRy CLUB ROAD AND OREGON WAY. Council Bill 1489 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kelley declared Council Bill 1489 duly passed. ACCEPTANCE OF EASEMENT - FIR STREET. The staff recommended the acceptance of a 16 foot wide utility easement from Floyd Leininger for the purpose of installing a 15" diameter storm sewer and future maintenance of the line. JENNINGS/FIGLEY .... easement be accepted. The motion passed unanimously. SALARY RANGE FOR COMMUNICATIONS MANAGER CLASSIFICATION. 2866 Administrator Childs briefly reviewed his memorandum to the Council which recommends the hiring of a candidate into the position at salary range level M-24.0. JENNINGS/FIGLEY .... authorize the City Administrator to fill the position within salary range M-24.0. The motion passed unanimously. CLARIFICATION OF BID AWARD - S~LE OF SURPLUS PROPERTY. JENNINGS/ ... accept the bid from School Bus Services, Inc. in the amount of $68,225.00. Mayor Kelley stated that he had not signed the owner's sale agreement since the Council's motion was to sell the property to School Bus Services, Inc. rather than Leland E.G. Larson, President of School Bus Services, Inc.. Public Works Manager Rohman stated that his original memo did list School Bus Services, however, the original bid proposal did list the purchaser as Leland E.G. Larson and the proposal was sign by Ron Coleman, Vice President of the Company. JENNINGS/ ... reword the motion to read accept the bid from Leland E.G. Larson, President of School Bus Services, Inc.. Mayor Kelley expressed concern in selling the property to an individual since there might be another owner or shareholder that would be affected by this transaction. Attorney Shields stated that the Mayor was correct in getting a clarification but it is not uncommon for small businesses or corporations to acquire property in an individual's name for tax purposes. Following a brief discussion on this issue, JENNINGS/FIGLEY... accept the bid from Leland E.G. Larson in the amount of $68,225.00. On roll call vote, the motion passed unanimously. Page 8 - Council Meeting Minutes, August 23, 1993 TAPE READING Tape 3 0031 COUNCIL MEETING MINUTES August 23, 1993 BID AWARD FOR COMPACT TRUCK - WASTEWATER DIVISION (~94-01). Bids for a new compact pick-up truck were received from the following businesses: Hillyer's Mid-City (formerly Savain) Ford, $7,422.00; Cascade Chevrolet, $8,169.00; and Miles Chevrolet, $8,484.83. HAGENAUER/JENNINGS .... approve the low bid from Hillyer's Mid- City Ford for a Ford Ranger in the amount of $7,422.00. The motion passed unanimously. BID AWARD FOR S-PASSENGER SEDAN - WASTEWATER DIVISION 0184 Bids for a used 5-passenger sedan (various models) were received from the following businesses: Hershberger Motors, $6,975.00; Midway Motors, $7,490.00 and $$8,950.00; Miles Chevrolet, $7,840.00; Cascade Chevrolet, $7.997.00, $8,590.00, $8,779.00, $9,250.00, $9,545.00, and $10,350.00. JENNINGS/ .... accept the low bid from Hershberger Motors in the amount of $6,975.00. Public Works Manager Rohman stated that only bidder that met the bid specifications was Miles Chevrolet for a 1991 Chevrolet Corsica with 22,230 miles. The motion to accept the low bid from Hershberger Motors died for lack of a second. HAGENAUER/JENNINGS... accept the bid Miles Chevrolet for a 1991 Corsica in the amount of $7,840.00. The motion passed unanimously. HARDCASTLE AVE. RESURFACING EXTENSION COST APPROVAL. The staff advised the Council that negotiations with the State for extending the resurfacing of Hardcastle from Gatch Street to Front Street has been completed and the contractor is willing to extend the unit bid price to the City. The approximate per ton cost for asphalt will be $24.00 which is substantially lower than the City's prior year contracts. JENNINGS/FIGLEY .... approve the Hardcastle resurfacing extension contract at an estimated cost of $6,000.00 to be paid from local gas tax revenues. The motion passed unanimously. 0204 COUNCIL WORKSHOP WITH SWIMMING POOL COMMITTEE. It was the consensus of the Council to meet with Consultant Don Carey and representatives from the Swimming Pool Committee on Monday, August 30, 1993, 7:00 p.m., at City Hall. 0240 COUNCIL WORKSHOP WITH CABLE ACCESS COMMITTEE. It was the consensus of the Council to hold a workshop with the Cable Access Committee to discuss the formation of a non- profit corporation on Monday, September 13, 1993, 6:00 p.m., at City Hall. Page 9 - Council Meeting Minutes, August 23, 1993 TAPE READING 0261 0280 COUNCIL MEETING MINUTES August 23, 1993 CLAIMS FOR THE MONTH OF JULY 1993. SIFUENTEZ/GALVIN .... approve voucher claims $19376 - 19821 for the month of July 1993. The motion passed unanimously. LETTER FROM MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS RE= HEALTH INSUI~a~NCE COVERAGE. Administrator Childs stated that the COG Board has elected to change their employee's health insurance carrier to the League's EBS Trust. However, the Council of Governments needs to have the City send a letter to the EBS Trust stating that we have no objection to them participating in their health insurance program. FIGLEY/MITCHELL .... staff be directed to respond to the Council of Government's letter stating that we have no objection to their change in health insurance carriers. The motion passed unanimously. 0360 Councilor Mitchell questioned Chief Wright if the 9-1-1 operations will continue to do what the Police Department expects of them. Chief Wright responded affirmatively. 0387 On behalf of a local grass seed grower, John Weisz, Councilor Hagenauer expressed his appreciation to the Parks Department for mowing Centennial Park. 0397 Mayor Kelley stated that he had received a letter from Bank of America advising the City that they are now making financial investments in downtown sections of Oregon Cities. He stated that he would forward the letter to Councilor Figley who is part of the Downtown Committee. He also stated that there is currently a bill on the Governor's desk which will provide funding for an Oregon State Veteran's Home in the Woodburn area. Additionally, he requested Council assistance in securing names of individuals who would be interested in serving on the Citizen's Review Commission. 0490 EXECUTIVE SESSION. JENNINGS/FIGLEY .... adjourn to executive session under the authority of ORS 192.660 (1)(d) to conduct deliberations with persons designated by the governing body to carry on labor negotiations. The motion passed unanimously. The meeting adjourned to executive session at 10:30 p.m. and reconvened at 10:57 p.m.. 0502 Mayor Kelley stated that the Council did not make any decision regarding the issue discussed in executive session. Page 10 - Council Meeting Minutes, August 23, 1993 TAPE READING COUNCIL MEETING MINUTES August 23, 1993 0520 ATTEST ADJOURNMENT. The meeting adjourned at 10:58 p.m.. APPROVED Mary Tennant, Recorder LEN KELLEY, MAYOR Page 11 - Council Meeting Minutes, August 23, 1993 Executive Session COUNCIL MEETING MINUTES August 23, 1993 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 23, 1993. CONVENED. The Council met in executive session at 10:31 p.m. with Mayor Kelley presiding. The session was held under the authority of ORS 192.660 (1)(d). ROLL CALL. Mayor Kelley Present Councilor Figley Present Councilor Galvin Present Councilor Hagenauer Present Councilor Jennings Present Councilor Mitchell Present Councilor Sifuentez Present Staff Present: City Administrator Childs, City Attorney Shields, City Recorder Tennant, Finance Director Gritta. Labor Consultant: Don Scott Don Scott reviewed the Factfinder's report regarding labor negotiations between the City and the American Federation of State, County, & Municipal Employees (AFSCME). ADJOURNMENT. The executive session adjourned at 10:55 p.m.. ATTEST Mary Tennant, Recorder City of Woodburn, Oregon APPROVED LEN KELLEY, MAYOR Page 1 - Executive Session, Council Meeting Minutes, August 23, 1993 TAPE READING 0001 00o~ COUNCIL WORKSHOP MEETING MINUTES August 30, 1993 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 30, 1993. CONVENED, The Council met in a workshop session at 7:00 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. 0023 0076 ROLL CALL. Mayor Kelley Absent Councilor Figley Absent Councilor Galvin Present Councilor Hagenauer Present Councilor Jennings Absent Councilor Mitchell Absent Councilor Sifuentez Present Staff Present: Park Director Holly, City Recorder Tennant Swimming Pool Consultant Don Carey Also in attendance were Swimming Pool Committee Chairman Flurry Stone and committee member Ruth DeSantis Press: LeeAnn Hamnick Park Director Holly briefly reviewed the situation regarding the need to do repairs to the swimming pool within the next year and the level of funding to be provided by the federal government under the Federal Emergency Management Administration (FEMA) program from the damage caused by the March 25, 1993 earthquake. Flurry Stone discussed the concepts being addressed by the Pool Committee such as indoor versus outdoor pool and reconfiguration of the pool site. He stated that the Pool Committee's goal is to renovate the pool at the existing site but to be practical as it relates to costs. Don Carey stated that temporary piping was used to open the pool during the summer months, however, the County Health Department has indicated that they would only issue an 'operational permit for 1993 and future years would require major renovations in order to operate. In years past, the City was grandfathered into receiving annual operational permits even though the pool Page I - Council Workshop Meeting Minutes, August 30, 1993 COUNCIL WORKSHOP MEETING MINUTES August 30, 1993 TAPE READING did not meet current code standards. The earthquake caused sufficient damage to the pool to take away the City's grandfathered rights and pool standards must be improved to receive future permits. He stated that the existing pool could be redesigned utilizing the same shell and the end product would last for 25 -30 years. Additionally, redesigning the structure will provide more flexibility in its usage which in turn generates more revenues. He reminded the group that operational costs are still high but it would take no more personnel to operate a redesigned pool area than the current pool. He stressed the need for multi-programming to meet the needs of all age groups. Additionally, a new bathhouse is needed as part of the project since the existing one does not meet current codes. Mr. Carey reviewed the following options: 1) Repair the existing pool with no changes; 2) Repair the existing pool but fill in the deep end to make the pool more useable - Cost to repair the pool is approximately $250,000 and the cost for a new bathhouse is $300,000-$325,000; 3) Redesign at the existing site (outdoor pool) using a combination of a large pool (short course which meets competitive standards), water slide, and water water pool; and 4) Making option 3 an indoor pool facility - estimated cost of $1.8 - $2 million. Mr. Carey also discussed various funding options that can be pursued such as grants, donations through foundations, local donations, bond issue proceeds, and the Rural Development Admn. which provides Iow interest loans (1%) to communities who meet certain qualifying standards. He offered his assistance to the City in securing the necessary funding. He also stated that he would volunteer his time to meet with the public to address the benefits of whatever option is decided upon by the City. He encouraged the Pool Committee and Council to get as much public input as possible through community meetings, newspaper, distribution of flyers, and personal contacts. The individuals attending the meeting indicated that they would prefer either option 3 or 4 provided that option 3 included plan design for an indoor pool facility. It was decided to hold another Council workshop on Thursday, September 9, 1993, 7:00 p.m., City Hall, at which time Mr. Carey will return with more detailed drawings on option 4. The discussion with the Pool Consultant ended around 8:00 p.m.. APPROVED LEN KELLEY, MAYOR ATTEST Mary Tennant, Recorder Page 2 - Council Workshop Meeting Minutes, August 30, 1993 MINUTES MONTHLY MEETING OF WOOOBURN PUBLIC LIBRARY BOARD DATE: August 2S, lgg3 ROLL CALL: Phyllis Bauer - Present Nancy Bowman - Present Dorothy Jaeger - Excused 91otis Predeek - Present Jean Weatherill- Present STAFF PRESENT: Linda Sprauer, Director Judy Coreson, Recording Secretary GUESTS: None CALL TO ORDER: President Phyllis order at 12 Noon. Bauer called the meeting to SECRETARY'S REPORT: The monthly Board minutes approved as submitted. o~ July 21, lg93 were DIRECTOR'S REPORT: Monthly Statistics: self-explanatory. The monthly statistics were Activities: The Children's and Teen Summer Reading Programs were successful and well attended. In the process o~ re-organizing this Fall, the Teen area will be moved to the Children's Room. The name will be changed ~rom "Children's Room" to "Youth Services" to accomoda~e both the teens and younger childmen. Judy Brunkal, who has been directing the Teen Programs, will now concentrate on' adult programming. OLD SUSINESS: Food For Fines: "Food For Fines", a Food drive sponsored by the Library For the Woodburn Area Crisis Center, was very successful. This Food drive will be considered again at another time. Earthquake Repair Update: Linde is working on the variou~ aspects oF replacing the carpet which will be done when the cracks in the Floor are repaired. This repair job will need [o go out For bid. The Library will need to be closed weeks ~or the repairs. · or at least t~o Water Damage Update: The ceiling tile has been purchased. When replacing the water damaged tile, some tiles will have to be custom cut. Heating/Cooling System Fan Update: CH2M Hill, a Corvallis company, is determinin~ what is needed ~or the repair o~ the heating/cooling system ~an and writing the specifications. As much as $10,000 may need to be spent {or this in~ormation before going out ~or bid. NEW BUSINESS: Book Sale: The Friends o{ the Library will hold their book sale Friday, September 17, {rom 11 AM to S PM and Saturday, September 18, ~rom 11 AM to 3 PM. CCRLS: The ballot measure to upgrade the CORLS Dynix computer system did not pass. It would have also provided more terminals and ~unding ~or the Book Mobile. Linde is still interested in purchesin~ an additional terminal ~or the circulation desk this year. The port ~ee alone is $~,~00. BUSINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: None ADJOURNMENT: The meeting was adjourned at l:lS PM. Respectt~ully Submitted, ~Core~ol'~ Recording Secretary Library Board Minutes - 8/25/93 CITY OF 270 Montgomery Street · WOODBURN Woodburn, Oregon 97071 · 982-5222 OFFICE OF THE MAYOR CITY OF WOODBURN, OREGON PROCLAMATION WHEREAS, neighbors who volunteer their time provide assistance which can't be measured in terms of dollars, for volunteers provide a spirit of helping that multiplies in value when each neighbor reaches out to assist another, and WHEREAS, volunteers throughout the city donate their time to a wide variety of human service programs such as alcohol and drug rehabilitation centers, senior centers, battered women's shelters, and programs for child abuse prevention, maternity and adoption, the developmentally disabled, literacy, housing for the Iow income citizen and the disabled, and the homeless; and WHEREAS, it is in the spirit of neighbor helping neighbor that Key Bank of Oregon employees are committed to serving the communities in which they live and work; and, to show this commitment, these employees will leave their paid positions and collectively donate their time and talent to volunteer in a variety of human service projects in communities throughout the state on Tuesday afternoon, September 14, 1993; NOW, THEREFORE, I, Len Kelley, Mayor of the City of Woodburn do hereby proclaim Tuesday, September 14, 1993 as NEIGHBORS MAKE THE DIFFERENCE DAY in Woodburn and I urge all residents of the Woodburn area to recognize, support and commend these special volunteers. IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of September, 1993. City of Woodburn MEMO TO: Mayor & City Council through City Administrator FROM: Steve Goeckritz, Community Development Director SUBJECT: Continuation of Public Hearing of May 10, 1993 Concerning Disposition of the Dangerous Building Located at 573 N. Front Street (Pool Hall) DATE: September 9, 1993 All the structural framing has been completed on the main floor. On the second floor, the brick on the south wall has been removed and replaced with structural lumber. All roof trusses have been removed and replaced with new trusses. The roof sheathing and wall sheathing on the second floor are in place. The only thing that remains to be done is to hot mop the roof and stucco the outside wall on the south side of the building. RECOMMENDATION: Since the remainder of projects to be completed do not constitute safety issues regarding the structural integrity of the building, staff recommends this structure be removed from the dangerous building list. MEMO TO: Mayor and City Council through City Administrator FROM: Steve Goeckritz, Community Development Director SUBJECT: Continuation of Public Hearing of May 10, 1993 Concerning Disposition of the Dangerous Building located at 479 N. Front Street (Smart Shop) DATE: September 9, 1993 Planning staff met with Mr. Fred Hahn of Neil Kelly Designers/Remodelers. They have contracted with Mr. Lindenmuth to do the renovation of the Smart Shop building. Mr Hahn has submitted for preliminary review the Engineering Plans for the structure. Basically this calls for the removal of that portion of the structure that faces on to Front Street. The brick will be entirely removed from the face all the way down to the footing which is also brick. The brick footing which also exists under the sidewalk will have to be removed. This will therefore require the removal and replacement of the sidewalk. New footings and a steel frame will be tied into the remainder of the structure then be put in place. The next step will be the replacement of the "Face" of the structure with brick to the same design pattern that existed on the structure prior to the earthquake. Mr. Hahn also conveyed to staff that the building owner wanted to keep the natural brick color. The intent being to remove the paint from the exterior walls of the building to maintain the "natural" brick facade. RECOMMENDATION: Progress is finally being made towards the renovation of this structure.. Staff recommends the continuation of this hearing until October 11, 1993 Council meeting. MEMO TO: FROM: SUBJECT: DATE: Mayor and City Council through City Administrator Steve Goeckritz, Community Development Director Continuation of Public Hearing of May 10, 1993 Concerning Disposition of the Dangerous Building Located at 199 N. Front Street (Old Bank Building) September 9, 1993 As the Council is aware, Mrs. Nora Fives, owner of the building has been before the council and has requested additional time in which to sell this structure so that it can be renovated. The Council has in turn been willing to provide additional time for the property owner to sell the structure with hope that the building can be saved and renovated because of its historic value to the community. At this time staff is not aware of any commitment by a potential buyer to secure this building. RECOMMENDATION: Staff is attempting to contact the realtor to confirm what the disposition is on this building. MEMO TO: FROM: SUBJECT: DATE: City Council through C~ Public Works Director ~ Ordinance and Resolution Approval for Transportation Traffic Impact Fees (TIFs) and Stormwater System Development Charges (SDCs) September 9, 1993 RECOMMENDATION: Approve the attached ordinance that outlines the methodology for Traffic Impact Fees (TIFs) and Storm Water System Development Charge (SDC). Also, approve the accompanying resolution that specifies the amount of fees and the implementation date as authorized by council motion. BACKGROUND: In response to the motion made by the council, the final ordinance and resolution are being presented to the council for their approval. The final ordinance and resolution include the following modifications: Council Motion Directed Modifications 1. Rates are set in the resolution at 25% of maximum allowable with 1% increase each year for the next five years. 2. Implementation date is set for January 1, 1994. Council Discussion Based Modification-~ From the discussion of the council, the staff has deduced that the following additional modifications are desired by the council. We will bring back the original version of the ordinance on these issues if council wishes us to do so. 1. The payment plan is allowed at $25,000 of TIF rather than $100,000 as it was proposed in the draft ordinance. 2. The interest rate that had been fixed with no flexibility at "prime + 3%" has been modified to initial interest rate of "prime + 1/2%" and it may be amended by the city council by resolution. Legal Basis for Modification On the advice of the city attorney, the discretionary decision of payment plan approval has been elevated to the city council. No modifications have been made to the Stormwater System Development Charge category, since this area was found to be satisfactory by the council, SDCT[F.CC COUNCIL BILL NO. 1490 ORDINANCE NO. AN ORDINANCE ESTABLISHING A METHODOLOGY FOR TRAFFIC IMPACT FEES (TIF) AND STORMWATER DRAINAGE SYSTEM DEVELOPMENT CHARGES; AND REPEALING ORDINANCE NO. 1842. WHEREAS, future growth should contribute its fair share to the cost of improvements and additions to city transportation and stormwater drainage facilities that are required to accommodate the needs of such growth; and WHEREAS, the imposition of system development charges will provide a source of revenue to fund the construction or improvement of the city's transportation and stormwater drainage facilities necessitated by growth; and WHEREAS, ORS 223.297 - 223.314, adopted in 1989, authorizes local governments to impose system development charges; and WHEREAS, system development charges are charges incurred upon the election to develop property at a specific use, density and/or intensity, and the incurred charge equals, or is less than the actual cost of providing public facilities commensurate with the needs of the chosen use, density, and/or intensity; election of other uses, densities, and/or intensities causes direct and proportional changes in the amount of the incurred charge; and system development charges are separate from and in addition to any applicable tax, assessment, charge, fee in lieu of assessment, or other fee provided by law or imposed as a condition of development; and WHEREAS, system development charges are fees for services because they are based upon a development's receipt of services considering the specific nature of the development; and WHEREAS, system development charges are imposed on the activity of development, not on the land, owner, or property, and therefore, are not taxes on property or on a property owner as a direct consequence of ownership of property within the meaning of Section 11b, Article XI of the Oregon Constitution or the legislation implementing that section; and WHEREAS, this ordinance is intended only to be a financing mechanism for needed extra capacity capital facilities associated with new development and does not represent the consideration of land use planning issues, funding for maintenance of existing roads, or elimination of any possible existing capacity deficiencies; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Page 1 - COUNCIL BILL NO. 1490 ORDINANCE NO, (A) (B) (C) (D) (E) (F) Section 1. Definitions. The following definitions apply: "Applicant" shall mean the owner or other person who applies for a building permit or development permit. ~. "Bancroft Bond" shall mean a bond issued by the city to finance a capital improvement in accordance with ORS 223.205 - 223.295. "Building" shall mean any structure, either temporary or permanent, built for the support, shelter or enclosure of persons, chattels or property of any kind. This term shall include tents, trailers, mobile homes or any vehicles serving in any way the function of a building. This term shall not include temporary construction sheds or trailers erected to assist in construction and maintained during the term of a building permit. "Building Permit" shall mean an official document or certificate authorizing the construction or siting of any building. For purposes of this ordinance, the term "Building Permit" shall also include any construction or installation permits which may be required for those structures or buildings, such as a mobile home, that do not require a building permit in order to be occupied. "Capital Improvements" shall mean public facilities or assets used for any of the following: 1) Transportation; or 2) Stormwater Drainage "Citizen or Other Interested Person" shall mean any person who is a legal resident of the City of Woodburn as evidenced by registration as a voter in the city, or by other proof of residency; or a person who owns, occupies, or otherwise has an interest in real property which is located within the city limits or is otherwise subject to the imposition of system development charges, as outlined in Section 3 of this ordinance. (G) (H) (I) (J) "City" shall mean the City of Woodburn, Oregon. "Credit" shall mean the amount of money by which the TIF or Stormwater Drainage SDC for a specific development may be reduced because of construction of eligible capital facilities as outlined in this ordinance. "Development" shall mean a building or other land construction, or making a change in the use of a structure or land, in a manner which increases the usage of any capital improvements or which will contribute to the need for additional or enlarged capital improvements. "Development Permit" shall mean an official document or certificate, other than a building permit, authorizing development. Page 2 - COUNCIL BILL NO. ORDINANCE NO. 1490 (K) (L) (M) (N) (0) (P) (Q) (R) (S) (T) (U) "Dwelling Unit" shall mean a building or a portion of a building designed for residential occupancy, consisting of one or more rooms which are arranged, designed or used as living quarters for one family only. "Encumbered" shall mean monies committed by contract or purchase order in a manner that obligates the city to expend the encumbered amount upon delivery of goods, the rendering of services, or the conveyance of real property provided by a vendor, supplier, contractor or Owner. "Improvement Fee" shall mean a fee for costs associated with capital improvements to be constructed after the effective date of this ordinance. Notwithstanding anything in this ordinance to the contrary, it is an incurred charge or cost based upon the use of or the availability for use of the systems and capital improvements required to provide services and facilities necessary to meet the routine obligations of the use and ownership of property, and to provide for the public health and safety upon development. "Off-site" shall mean not located on or contiguous to property that is the subject of development approval. "On-site" shall mean located on or contiguous to property that is the subject of developmental approval. "Owner" shall mean the person holding legal title to the real property upon which development is to occur. "Person" shall mean an individual, a corporation, a partnership, an incorporated association, or any other similar entity. "Qualified Public Improvement" shall mean a capital improvement that is: 1) Required as a condition of residential development approval; 2) Identified in the capital improvement plan adopted pursuant to Section (4)(D); and 3) Not located on or contiguous to property that is the subject of residential development approval. "Right-of-Way" shall mean that portion of land that is dedicated for public use. "System Development Charge" shall mean an improvement fee assessed or collected at the time of increased usage of a capital improvement or issuance of a development permit or building permit. System development charges are separate from and in addition to any applicable tax, assessment, fee in lieu of assessment, or other fee or charge provided by law or imposed as a condition of development. "Traffic Impact Fee" shall mean a system development charge for transportation capital facilities. Page 3 - COUNCIL BILL NO. ORDINANCE NO. 1490 (V) "Traffic Impact Fee and Stormwater Drainage System Development Charge Methodology Report" shall mean the report adopted pursuant to Section (3)(B), as amended and supplemented pursuant to Section (3)(H). Section 2. Rules of Construction. For the purposes of administration and enforcement of this ordinance, unless otherwise stated in this ordinance, the following rules of construction shall apply: (A) In case of any difference of meaning or implication between the text of this ordinance and any caption, illustration, summary table, or illustrative table, the text shall control. (B) The word "shall" is always mandatory and not discretionary; the word "may" is permissive. (C) Words used in the present tense shall include the future; words used in the singular shall include the plural and the plural the singular, unless the context clearly indicates the contrary; and use of the masculine gender shall include the feminine gender. (D) The phrase "used for" includes "arranged for", "designed for", "maintained for", or "occupied for". (E) Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and", "or" or "either...or", the conjunction shall be interpreted as follows: 1) 2) 3) "And" indicates that all the connected terms, conditions, provisions or events shall apply. "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination. "Either"...or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination. (F) The word "includes" shall not limit a term to the specific example, but is intended to extend its meaning to all other instances or circumstances of like kind or character. Section 3. Imposition of System Development Charges. System development charges are hereby imposed, subject to the following conditions: (A) DeveloDment Subject to Char~es. System development charges are imposed on all new development within the city for capital improvements for transportation and stormwater drainage. The system development charges shall be paid in addition to all other fees, charges and assessments due for development, and are intended to provide funds only for capital improvements necessitated by new development. Page 4- COUNCIL BILL NO. 1490 ORDINANCE NO. (B) (C) Rates of Cheroes. 1) The city hereby adopts and incorporates by reference the report entitled "City of Woodburn Traffic Impact Fee and Stormwater Drainage System Developmen~ Charges Methodology Report", dated June 30, 1993, particularly the assumptions, conclusions and findings in such study as to the determination of anticipated costs of capital improvements required to accommodate growth and the rates for system development charges to reimburse the city for such capital improvements. 2) System development charges shall be imposed and calculated for the change in use, alternation, expansion or replacement of a building or dwelling unit if such change in use, alternation, expansion or replacement results in an increase in the use of capital improvements compared to the present use of the development. The amount of the system development charges to be paid shall be the difference between the rate for the proposed development and the rate that would be imposed for the development prior to the change in use, alternation, expansion or replacement. 3) The city shall, based upon the report referred to in subsection (1) above, adopt by resolution the amounts of system development charges. 4) An additional systems development charge may be assessed by the city if the demand placed on the city's capital facilities exceeds the amount initially estimated at the time systems development charges are paid. The additional charge shall be for the increased demand or for the demand above the underestimate, and it shall be based upon the fee that is in effect at the time the additional demand impact is determined, and not upon the fee structure that may have been in effect at the time the initial systems development charge was paid. This provision does not apply to single family or other residential units unless additional rental units are created. Payment of Charoes. Except as otherwise provided in this Section, applicants for building permits or development permits shall pay the applicable system development charges prior to the issuance of the permit by the city. 1) When the total amount due for Traffic Impact Fees exceeds twenty-five thousand dollars ($25,000), the applicant may request an alternative payment arrangement to pay the fee in annual payments over a period not to exceed five years. Alternative payment may occur upon adoption by the city council of a resolution providing for this payment method after consideration of impact upon the city. 2) The City Administrator shall provide application and contract forms for installment payments, which shall include a waiver of all rights to contest the validity of the lien, except for the correction of computational errors. The interest to be charged for installment payments and for delinquent payment of such installments is initially established at the prime rate of interest plus 0.5 percent but may be adjusted by the city council by resolution. Page 5 - COUNCIL BILL NO. 1490 ORDINANCE NO. (D) 3) 4) 5) An applicant for installment payments shall have the burden of demonstrating the applicant's authority to assent to the imposition of a lien on the parcel and that the property interest of the applicant is adequate to secure payment of thee lien. The City Administrator shall cause a report to be made of the amount of the Traffic Impact Fees, the dates on which the payments are due, the name of the owner, and the description of the parcel. The City Recorder shall docket the lien in the lien docket. Except as otherwise expressly provided, from that time the city shall have a first lien upon the described parcel for the amount of the Traffic Impact Fees, together with interest on the unpaid balance at the rate established by the city council. The lien shall be enforceable in the manner provided in ORS Chapter 223. 6) Under no circumstances shall payment of the TIF or SDC exempt development from complying with any and all standards, rules, and regulations required of the development as a condition of development approval. Specifically, development must meet all road standards, storm water retention requirements, and stormwater quality requirements intended to minimize the degradation of water quality resulting from development. Alternative Rate Calculation. Applicants may submit alternative rates for system development charges, subject to the following conditions: 1) In the event an applicant believes that the impact on city capital improvements resulting from a development is less than the fee established in Section (3) (b), the applicant may submit alternative system development charge rate calculations, accompanied by the alternative rate review fee established by resolution for this purpose, to the City Administrator. The city may hire a consultant to review the alternative system development charge rate calculations, and may pay the consulting fees from system development charges revenues. 2) The alternative system development charge rate calculations shall be based on data, information and assumptions contained in this ordinance and the adopted system development charges study or an independent source, provided that the independent source is a local study supported by a data base adequate for the conclusions contained in such study performed pursuant to a generally accepted methodology and based upon generally accepted standard sources of information relating to facilities planning, cost analysis and demographics. 3) If the city council determines that the data, information and assumptions utilized by the applicant to calculate the alternative system development charges rates comply with the requirements of this section by using a generally accepted methodology, the alternative system development charges rates shall be paid in lieu of the rates set forth in Section (3)(B). Page 6- COUNCIL BILL NO. ORDINANCE NO. 1490 (E) 4) If the city council determines that the data, information and assumptions utilized by the applicant to calculate the alternative system development charges rates do not comply with the requirements of this section or were not calculated by a generally accepted methodology, then the city council shall provide to th~ applicant (by certified mail, return receipt requested) written notification of the rejection of the alternative system development charges rates and the reason therefor. 5) Any applicant who has submitted a proposed alternative system development charges rate pursuant to this section and desires the immediate issuance of a building permit or development permit shall pay the applicable system development charges rates pursuant to Section (3)(B). Said payment shall be deemed paid under "protest" and shall not be construed as a waiver of any right of review. Any difference between the amount paid and the amount due, as determined by the city council, shall be refunded to the applicant. Exemptions. The following development shall be exempt from payment of the system development charges: 1) Alternations, expansion or replacement of an existing dwelling unit where no additional dwelling units are created. 2) The construction of accessory buildings or structures which will not create additional dwelling units and which do not create additional demands on the city's capital improvements. 3) The issuance of a permit for a mobile home on which applicable system development charges have previously been made as documented by receipts issued by the city for such prior payment. 4) Development with vested right, determined as follows: a) Any owner of land which was the subject of a building permit or development permit issued prior to the effective date of this ordinance may petition the city for a vested rights determination which would exempt the landowner from the provision of this ordinance. Such petition shall be evaluated by the City Attorney and a decision made by the city council based on the following criteria: i) The existence of a valid, unexpired permit issued by the city authorizing the specific development for which a determination is sought; ii) Substantial expenditures or obligations made or incurred in reliance upon the authorizing governmental act; Page 7 - COUNCIL BILL NO. ORDINANCE NO. 1490 (F) iii) Other factors that demonstrate it is highly inequitable to deny the owner the opportunity to complete the previously approved development under the conditions of approval by requiring the owner to comply with the requirements of thi§ ordinance. For the purposes of this paragraph, the following factors shall be considered in determining whether it is inequitable to deny the owner the opportunity to complete the previously approved development: aa) Whether the injury suffered by the owner outweighs the public cost of allowing the development to go forward without payment of the system development charges required by this ordinance; and bb) Whether the expenses or obligations for the development were made or incurred prior to the effective date of this ordinance. Credits for Develooer Contributions of Qualified Public ImDrovements. The city shall grant a credit, not to exceed 100% of the applicable TIF or SDC, against the system development charges imposed pursuant to Section (3)(A) and (B) for the donation of land as permitted by Ordinance 1807, or for the construction of any qualified public improvements. Such land donation and construction shall be subject to the approval of the city. 1) The amount of developer contribution credit to be applied shall be determined according to the following standards of valuation: a) The value of donated lands shall be based upon a written appraisal of fair market value by a qualified and professional appraiser based upon comparable sales of similar property between unrelated parties in a bargaining transaction; and b) The cost of anticipated construction of qualified public improvements shall be based upon cost estimates certified by a professional architect or engineer. 2) Prior to issuance of a building permit or development permit, the applicant shall submit to the City Administrator a proposed plan and estimate of cost for contributions of qualified public improvements. The proposed plan and'estimate shall include: a) a designation of the development for which the proposed plan is being submitted. b) a legal description of any land proposed to be donated pursuant to Chapter 39 of the Woodburn Zoning Ordinance, Ordinance 1807, and a written appraisal prepared .in conformity with subsection (1)(a) of this section; c) a list of the contemplated capital improvements contained within the plan; Page 8 - COUNCIL BILL NO. 1490 ORDINANCE NO. 3) 4) 5) 6) Page 9 - d) an estimate of proposed construction costs certified by a professional architect or engineer; and e) a proposed time schedule for completion of the proposed plan. The City Administrator shall determine if the proposed qualified improvement is: a) Required as a condition of residential development approval; b) c) public Identified in the capital improvement plan adopted pursuant to Section (4)(D); and Not located on or contiguous to property that is the subject of residential development approval. The decision of the City Administrator as to whether to accept the proposed plan of contribution and the value of such contribution shall be in writing and issued within fifteen (15) working days of the review. A copy shall be provided to the applicant. A proposed improvement which does not meet all three (3) of the criteria included in Section 3(F)(3) above shall not be considered a qualified public improvement and the city is not required ORS 223.297 - 223.314 to provide a credit for such an improvement. However, the city shall grant a credit, in an amount not to exceed fifty percent (§0%) of the total amount of the applicable TIF or SDC, for certain other contributions of capital facilities under the following conditions: a) The capital facilities being contributed must exceed the local street standard (for TIF) or stormwater drainage capacity (for SDC) required for the specific type of development (i.e., residential, industrial, etc.); and b) Only the value of the contribution which exceeds the local street standard (for TIF) or stormwater drainage capacity (for SDC) required for the specific type of development (i.e., residential, industrial, etc.) shall be considered when calculating the credit; and c) Donations for on-site right-of-way are not eligible for the credit: Any applicant who submits a proposed plan pursuant to this section and desires the immediate issuance of a building permit or development permit, shall pay the applicable system development charges. Said payment shall be deemed paid under "protest" and shall not be construed as a waiver of any review rights. Any difference between the amount paid and the amount due, as determined by the City Administrator, shall be refunded to the applicant. In no event shall a refund by city under this subsection exceed the amount originally paid by the applicant. COUNCIL BILL NO. 1490 ORDINANCE NO. (G) Appeals and Review Hearinas. 1 ) An applicant who is required to pay system development charges shall have the right to request a hearing to review the ITE land-use category selected by the City Engineer as the basis for the TIF, or the denial by the City Administrator of a proposed credit for contribution of qualified public improvements pursuant to Section (3)(F). 2) Such hearing shall be requested by the applicant within fifteen (15) days of the date of first receipt of the denial by the City Administrator. Failure to request a hearing within the time provided shall be deemed a waiver of such right. 3) The request for hearing shall be filed with the City Administrator and shall contain the following: a) The name and address of the applicant; b) The legal description of the property in question; c) If issued, the date the building permit or development permit was issued; 4) 5) 6) d) A brief description of the nature of the development being undertaken pursuant to the building permit or development permit; e) If paid, the date the system development charges were paid; and f) A statement of the reasons why the applicant is requesting the hearing. Upon receipt of such request, the City Administrator shall schedule a hearing before the city council at a regularly scheduled meeting or a special meeting called for the purpose of conducting the hearing and shall provide the applicant written notice of the time and place of the hearing. Such hearing shall be held within forty-five (45) days of the date the request for hearing was filed. Such hearing shall be before the city council and shall be conducted in a manner designed to obtain all information and evidence relevant to the requested hearing. Formal rules of civil procedures and evidence shall not be applicable; however, the hearing shall be conducted in a fair and impartial manner with each party having an opportunity to be heard and to present information and evidence. Any applicant who requests a hearing pursuant to this section and desires the immediate issuance of a building permit or development permit shall pay prior to or at the time the request for hearing is filed the applicable system development charges pursuant to Section (3)(B). Said payment shall be deemed paid under "protest" and shall not construed as a waiver of any review rights. Page 10 - COUNCIL BILL NO. ORDINANCE NO. 1490 (H) (A) (B) 7) An applicant may request a hearing under this section without paying the applicable system development charges, but no building permit or development permit shall be issued until such system development charges are paid in the amount initially calculated or the amount approved upon completion of the review provided in this section. Review Qf $~vdY and Rates. This ordinance and the Traffic Impact Fee and Stormwater Drainage System Development Charge Methodology Report shall be reviewed at least once every four (4) years. The review shall consider new estimates of population and other socioeconomic data, changes in the cost of construction and land acquisition, and adjustments to the assumptions, conclusions or findings set forth in the report adopted by Section (3)(B). The purpose of this review is to evaluate and revise, if necessary, the rates of the system development charges to assure that they do not exceed the reasonably anticipated costs of the city's capital improvements. In the event the review of the ordinance or the report alters or changes the assumptions, conclusions and findings of the report, or alters or changes the amount of system development charges, the report adopted by reference in Section (3)(B) shall be amended and updated to reflect the assumptions, conclusions and findings of such reviews and Section (3)(B) shall be amended to adopt by reference such updated reports. Section 3. Receipt and Expenditure of System Development Charges. Trust Accounts. The City hereby establishes a separate trust account for each type of system development charge to be designated as the "Traffic Impact Fee SDC Account" and the "Stormwater Drainage SDC Account", which shall be maintained separate and apart from all other accounts of the city. All system development charge payments shall be deposited into the appropriate trust account immediately upon receipt. U~e of System DeveloDment Charaes. The monies deposited into the trust accounts shall be used solely for the purpose of providing capital improvements necessitated by development, including, but not limited to: 1) 3) 4) 5) 6) Page 11 - COUNCIL BILL NO. ORDINANCE NO. design and construction plan preparation; permitting and fees; land and materials acquisition, including any costs of acquisition or condemnation; construction of improvements and structures; design and construction of new drainage facilities required by the construction of capital improvements and structures; relocating utilities required by the construction of improvements and structures; 1490 7) 8) 9) landscaping; construction management and inspection; surveying, soils and material testing; 10) acquisition of capital equipment; 11 ) repayment of monies transferred or borrowed from any budgetary fund of the city which were used to fund any of the capital improvements as herein provided; 12) payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the city to fund capital improvements; (C) (D) 13) direct costs of complying with the provisions of ORS 223.297 to 223.314, including the costs of developing system development charges methodologies and providing an annual accounting of system development charges expenditures. 14) consulting costs for the review of alternative rates as provided for in Section (3)(D) of this ordinance. Prohibited Uses of System Development Charoes. Funds on deposit in system development charge trust accounts shall not be used for: 1) any expenditure that would be classified as a routine maintenance or repair expense; or 2) costs associated with the construction of administrative office facilities that are more than an incidental part of other capital improvements. CaDital Improvements Authorized to be Financed bY System Develooment Charoes. Any capital improvement being funded wholly or in part with system development charges revenue shall be included in the city's capital improvement program. The capital improvement program shall: 1) list the specific capital improvement projects that may be funded with system development charges revenues; 2) provide the cost of each capital improvement project, and an estimate of the amounts of each revenue source, including system development charges, that will be used to fund each project; 3) provide the estimated timing of each capital improvement project; and 4) be updated at least once every four (4) years. Page 12 - COUNCIL BILL NO. ORDINANCE NO. 1490 (E) (F) Investment of Trust Account Revenue. Any funds on deposit in system development charges trust accounts which are not immediately necessary for expenditure shall be invested by the city. All income derived from such investments shall be deposited in the system development charges trust accounts and used as provided herein. ~ Refunds of System Develooment Char(~es. System development charges shall be refunded in accordance with the following requirements: 1) An applicant or owner shall be eligible to apply for a full or partial refund if: a) The building permit or development permit has expired and the development authorized by such permit is not complete; b) An error was made in calculating the amount of the system development charges resulting in overpayment, and the error is discovered within three months of the date the SDC was paid. The amount of the refund will be limited to the amount collected in excess of the appropriate SDC. c) The system development charges have not been expended or encumbered prior to the end of the fiscal year immediately following the ninth anniversary of the date upon which such charges were paid. For the purposes of this section, system development charges collected shall be deemed to be expended or encumbered on the basis of the first system development charges in shall be the first system development charges out. 2) The application for refund shall be filed with the City Administrator and contain the following: a) The name and address of the applicant; b) The location of the property which was the subject of the system development charges; c) A notarized sworn statement that the petitioner is the then current owner of the property on behalf of which the system development charges were paid, including proof of ownership, such as a certified copy of the latest recorded deed; d) The date the system development charges were paid; e) A copy of the receipt of payment for the system development charges; and, if appropriate, f) The date the building permit or development permit was issued and the date of expiration. Page 13 - COUNCIL BILL NO. ORDINANCE NO. 1490 (G) (H) 3) The application shall be filed within ninety (90) days of the expiration of the building permit or development permit or within ninety (90) days of the end of the fiscal year following the ninth anniversary of the date upon which the system development charges were paid. Failure to timely apply for a refund of the system development charges shall waive any right to a refund. 4) Within thirty (30) days from the date of receipt of a petition for refund, the City Administrator will advise the petitioner of the status of the request for refund, and if such request is valid, the system development charges shall be returned to the petitioner. 5) Refunds will not be granted based on a change in use of the property which results in a reduced impact on the city's capital facilities. 6) A building permit or development permit which is subsequently issued for a development on the same property which was the subject of a refund shall pay the systems development charges as required by Section (3). Annual Accountina Reoorts. The city shall prepare an annual report accounting for system development charges, including the total amount of system development charges revenue collected in each trust account, and the capital improvement projects that were funded. Challenae of Exoenditures. Any citizen or other interested person may challenge an expenditure of system development charges revenues. 1 ) Such challenge shall be submitted, in writing, to the City Administrator for review within two years following the subject expenditure, and shall include the following information: a) The name and address of the citizen or other interested person challenging the expenditure; b) The amount of the expenditure, the project, payee or purpose, and the approximate date on which it was made; and c) The reason why the expenditure is being challenged. 2) If the City Administrator determines that the expenditure was not' made in accordance with the provisions of this ordinance and other relevant laws, a reimbursement of system development charges trust account revenues from other revenue sources shall be made within one year following the determination that the expenditures were not appropriate. 3) The City Administrator shall make written notification of the results of the expenditure review to the citizen or other interested person who requested the review with ten (10) days of completion of the review. Page 14- COUNCIL BILL NO. ORDINANCE NO. 1490 Section 5. Severability. If any clause, section, or provision of this ordinance shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of said ordinance shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporate herein. Section 6. Repeal. Ordinance No. 1842 shall be repealed at 11:59 p.m. on December 31, 1993. City Attorney Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder APPROVED: Len Kelley, Mayor ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page 15 - COUNCIL BILL NO. ORDINANCE NO. 1490 COUNCIL BILL NO. I /-/c), / RESOLUTION NO. A RESOLUTION SETTING THE AMOUNTS OF THE TRAFFIC IMPACT FEE (TIF), STORMWATER DRAINAGE SYSTEMS DEVELOPMENT CHARGE, ALTERNATIVE RATE REVIEW FEE, AND ALTERNATIVE PAYMENT REQUEST FEE IMPOSED BY ORDINANCE NO. ; AND ESTABLISHING AN EFFECTIVE DATE FOR IMPOSITION OF THE FEES . WHEREAS, ORS 223.297 - 223.314, adopted in 1989, authorizes local governments to impose system development charges; and WHEREAS, the City has developed methodologies to support the implementation of a Traffic Impact Fee and a Stormwater Drainage Systems Development Charge, and WHEREAS, the City has adopted Ordinance No. establishing a Traffic Impact Fee and a Stormwater Drainage Systems Development Charge, and WHEREAS, Ordinance No. provides that the amounts of the Traffic Impact Fee and Stormwater Drainage Systems Development Charge shall be set by resolution, and WHEREAS, Ordinance No. provides for the imposition of fees to be charged for the review of alternative rates and alternative payment requests, and WHEREAS, Ordinance No. provides that the amounts of the fees to be charged for the review of alternative rates and alternative payment requests shall be set by resolution; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. TRAFFIC IMPACT FEE AMOUNTS. The schedule of Traffic Impact Fee (TIF) charges attached as Exhibit "A", and, by this reference, incorporated herein is hereby adopted to be imposed beginning on the effective date identified in Section 5 of this resolution. On each consecutive anniversary of the effective date for a period of five (5) years, the schedule of Traffic Impact Fee (TIF) charges shall be adjusted to reflect a one percent (1%) per year increase in the charges. For those land uses that are not specifically identified by the ITE land-use categories included in Exhibit "A", the City Engineer shall use the land-use category identified in Exhibit "A" that is most similar in trip generation. An applicant who does not agree with the City Engineer's decision may appeal this decision in accordance with Ordinance No. Section 3 (G). Page I of 6 COUNCIL BILL NO. RESOLUTION NO. Section 2. STORMWATER DRAINAGE SYSTEM DEVELOP- MENT CHARGE AMOUNTS. For all development except single-family residential development, the Stormwater Drainage System Development Charge shall be $0.11 per square foot of impervious surface, to be calculated based on the total number of square feet of impervious surface included in the development. For single-family residential development, the fee shall be calculated at the rate of fifty-five dollars ($55.00) for each five-hundred (500) square-foot increment of impervious surface. The schedule of Stormwater Drainage System Development Charges for single family residential develOpment attached as Exhibit "B" and, by this reference, incorporated herein is hereby adopted. Charges are to be imposed beginning on the effective date identified in Section 5 of this resolution. Section 3. ALTERNATIVE RATE REVIEW FEE. The minimum fee for review of an alternative rate calculation shall be two- hundred-and-fifty dollars ($250), to be paid at the time the alternative rate calculation is submitted for review. If the City hires a consultant to assist in reviewing the information submitted, the cost of the consultant's review shall be shared equally by the City and the applicant, and the applicant shall pay this additional fee at the time the City decides whether or not to accept the alternative rate. Section 4. ALTERNATIVE PAYMENT REQUEST FEE. The fee for review of an alternative payment request shall be one-hundred dollars ($100.00). This fee includes the cost of recording a lien against the property associated with the request. Page 2 of 6 COUNCIL BILL NO. RESOLUTION NO. Section 5. EFFECTIVE DATE. The effective date for imposition of the fees and charges identified in this resolution shall be January 1, 1994. Approved as to Form :<-~,~v"o-- ~~[~ '~-- ~"- ~ ~ City Attorney Date APPROVED: Len Kelley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST' City of Woodburn, Oregon Page 3 of 6 COUNCIL BILL NO. RESOLUTION NO. TRAFFIC IMPACT FEE PER AVERAGE DALLY TRIP (1/1/94 through 12/31/94) ITE LAND USE CODE/CATEGORY TIF from ITE maximum 1/1/94 Average allowable through Dally RESIDENTIAL 210 Single Family Detached 220 Apartment 230 Condominium 240 Mobile Home (in park) $3,020.20 $755.05 / unit 9.55 $2,046.14 $511.54 / unit 6.47 $1,853.23 $463.31 I unit 5.86 $1,521.17 $380.29 / unit 4.81 RECREATIONAL 420 Madna 430 Golf Course 443 Movie Theater (Sit Down) 492 Racquet Club $742.64 $185.66 / berth 2.96 $9,431.05 $2,357.76/hole 37.59 $441.57 $110.39 ! seat 1.76 $4,300.30 $1,075.07 IT.G.S.F. 17.14 INSTITUTIONAL 510 Preschool 520 Elementary School 530 Huh Scho~ 560 Church 565 Day Care Center 590 Library 610 Hospital 620 Nursing Home $1,647.04 $411.76 /student 4.65 $386.08 $96.52 I student 1.09 $488.80 $122.20 / student 1.38 $2,240.07 $560.02/T.G.S.F. 9.32 $2,235.26 $558.82 I student 4.65 $10,935.96 $2,733.99 I T.G .S .F. 45.50 $4,033.09 $1,008.27 I T.G.S.F. 16.78 $624.91 $156.23 / bed 2.60 BUSINESS & COMMERCIAL 320 Hotel/Motel 812 Building Materials/Lumber 815 Discount Stores 816 Hardware/Paint Stores 817 Retail Numery 820 Shopping Center under 50,000 G.S.F. 821 Shopping Center 50,000 - 99,999 G.S.F. 822 Shopping Center 100,000 - 199,999 G.S.F. 823 Shopping Center 200,000 - 299,999 G.S.F. 824 Shopping center 300,000 - 399,999 G.S.F. 825 Shopping Center 400,000 - 499,999 G.S.F. $2,556.59 $639.15 / room 10.19 $5,863.21 $1,465.80 I T.G.S.F. 30.56 $7,516.75 $1,879.19 I T.G.L.S.F. 70.13 $6,963.51 $1,745.88 / T.G.S.F. 51.29 $4,912.56 $1,228.14 I T. G .S.F. 36.08 $14,476.13 $3,619.03 / T.G.L.S.F. 167.59 $10,550.32 $2,637.58 I T.G.L.S.F. 91.65 $10,673.39 $2,668.35 / T.G .L.S.F. 70.67 $8,553.26 $2,138.32 I T.G.L.S.F. 54.50 $7,869.68 $1,967.42 I T.G.L.S.F. 46.81 $7,301.94 $1,825.49 / T.G.L.$.F. 42.02 NOTE: T.G.L.S.F. = Thousand Gross Leasable Square Feet T.G.S.F. = Thousand Gross Square Feet page I of 2 TIF per $79.06 $79.06 $79.06 $79.06 $62.72 $62.72 $62.72 $62.72 $88.55 $68.55 $68.55 $6o.o9 $120.18 $60.09 $60.09 $60.09 $62.72 $47.96 $26.80 $34.04 $34.04 $21.59 $28.78 $37.76 $39,24 $42.03 $43.44 Page 4 of 6 COUNCIL BILL NO. RESOLUTION NO. page 2 of 2 TRAFFIC IMPACT FEE PER AVERAGE DALLY TRIP (111/94 through 12/31/94) ITE LAND USE CODE/CATEGORY TIF from ITE maximum 1/1/94 Average allowable through Daily BUSINESS & COMMERCIAL 826 Shopping Center 500,000 - 599,999 G.S.F. 827 Shopping Center 1,000,000 - 1,200,000 G.S.F. 828 Shopping Center Over 1,200,000 G.S.F. 832 Restaurant Sit-Down 833 Restaurant: Drive-Through 841 New Car Sales 844 Service Station 850 Supermarket 851 Convenience Market 870 Apparel 890 Furniture Store 911 Bank/Savings: Walk-in 912 Bank/Savings: Ddve-ln $7,566.62 $1,891.66 / T.G.L.S.F. 38.65 $5,493.47 $1,373.37 IT.G.L.S.F. 32.09 $4,759.20 $1,189.80 I T .G .L.S.F. 30.69 $27,926.48 $6,981.62 / T.G.S.F. 205.36 $38,561.52 $9,640.38 I T.G.S.F. 786.22 $9,191.96 $2,297.99 I T.G.S.F. 47.91 $13,035.91 $3,258.98 I pump 133.00 $15,493.58 $3,873.40 / T.G.S.F. 125.50 $40,504.17 $10,126.04/T.G.S.F. 737.99 $638.89 $159.72 IT.G.S.F. 3.33 $832.67 $208.17 / T.G.S.F. 4.34 $26,977.29 $6,744.32 I T.G.S.F. 140.61 $50,882.91 $12,720.73 I T.G.S.F. 265.21 OFFICE 711 General Office Under 100,000 G.S.F. 712 General Office 100,000 - 199,999 G.S.F. 713 General Office 200,000 G.S.F. and over 720 Medical Office Building 760 Research center 770 Business Park $7,970.03 $1,992.51 I T.G.S.F. 16.58 $6,744.24 $1,686.06 I T.G.S.F. 14.03 $5,696.31 $1,424.08 /T.G.S.F. 11.85 $16,425.57 $4,106.39 IT.G.S.F. 34.17 $3,701.40 $925.35 IT.G.S.F. 7.70 $6,907.68 $1,726.92 / T.G.S.F. 14.37 INDUSTRIAL 110 General Light Industrial 120 General Heavy Industrial 130 Industrial Park 140 Manufacturing 150 Warehouse 151 Mini-Warehouse 170 Utilities 860 Wholesale $3,350.49 $837.62 I T.G.S.F. 6.97 $961.40 $240.35 I T.GS.F. 1.50 $4,467.32 $1,116,83 / T.G.S.F. 6.97 $2,467.60 $616.90 I T.G.S.F. 3,85 $1,172.91 $293.23 /T.G.S.F. 4.88 $836.42 $209.11 IT.G.S.F. 2.61 $339.70 $84.92 / employee 1.06 $1,617.56 $404.39 / T.G.$.F. 6.73 NOTE: T.G. LS.F. = Thousand Gross Leasable Square Feet T.G.S.F. = Thousand Gross Square Feet TIF per Trip $48.94 $42.80 $38.77 $34.00 $12.26 $47.96 $24.50 $30.86 $13.72 $47.96 $47.96 $47.96 $47.96 $120.18 $120.18 $120.18 $120.18 $120.18 $120.18 $120.18 $160.23 $160.23 $160.23 $60.09 $80.12 $80.12 $60.09 Page 5 of 6 COUNCIL BILL NO. RESOLUTION NO. STORMWATER DRAINAGE SDC FOR SINGLE-FAMILY RESIDENTIAL DEVELOPMENT Cost Per 500 X Impervious = SDC Per S_qua[e_F_eet Surface Area (Sq..Ft.) ~ $55.00 up to 500 $55.00 $55.00 501 to 1,000 $110.00 $55.00 1,001 to 1,500 $165.00 $55.00 1,501 to 2,000 $220.00 $55.00 2,001 to 2,500 $275.00 $55.00 2,501 to 3,000 $330.00 $55.00 - mom than 3,001 $385.00 (+$55.00 for each 500 sq.ft. over 3,500) Page 6 of 6 COUNCIL BILL NO. RESOLUTION NO. City. Of Woodburn Police Department 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-2345 Ken Wright Chief of Police Date: August 4, 1993 To: C. Childs, City Administrator Subject: Personnel Management, Chaplaincy Program Police officer are often called to where suicides, sudden crib deaths, child molestations and other such traumatic events have taken place. After dealing with the situation, making out reports, etc,. the officer must go on to deal with their continuing calls. But what should they do with the crime victim or remaining family member? When officers who have sworn to uphold the laws of the community leave home for work, they leave behind a family who realizes their life is constantly on the line. Officers meet and have to deal with; the worst in human beings and are called to the scenes of events that range from minor accidents to life's most gruesome happenings. The police officer has to cope with stress and trauma to which the average person, counselor, or minister cannot relate nor fully comprehend. As a result, marriages, homes and families often suffer the consequences of the unique responsibilities and role of a police officer. The following statistics give shocking evidence of the need to deal realistically with the trauma and stress of police work. 75 % of police officers have been divorced Suicide rate of police officers is one of the highest as a professional group The average officer dies within 5yrs of retirement 12yrs lower life expectancy the other "Americans" Alcohol abuse is a problem that continues to plaque these high stress professionals The City and Department has not developed an official "Employee Assistance Program". In the past the department has used the services of psychological counseling and or volunteer Traumatic Incident Teams members of other agencies. Both have not proven to be consistent and ongoing. Officer Alive is not a new program. Officer Alive is staffed with professional Ministers, counselors who are ex-police officers. They have walked in the 'shoes" of the officers they try to help. Officer Alive is subscribed to by police officers and agencies in Washington, ~ Clackamas, Multnomah, and Marion Counties. Within Marion County Salem Police and Marion County Sheriffs' office both subscribe to Officer Alive. Officer Alive is not a recruiting drive for a religious organization. Officer Alive is an organization developed as a support system for police officers. The Woodbum Police department called upon Officer Alive in recent traumatic incidents involving officers, and has been accepted. Officer Alive ministers to the needs of police officers and police agencies. Some areas include marriage counseling, dealing with stress, burnout, traumatic incidents, assisting officers with death notifications, SIDS deaths all just to name a few. RECOlVIMENDATION: I have developed a professional services contract for Woodburn Police Department Employees. The agreement is identical to the City of Tigard's agreement with the exception of costs. In discussion with Officer Alive representative Reverend Fred Bassett a monthly fee of $25.00 would be acceptable. This as compared to $75-$100 per hour for a Doctors services seems a good deal. Chaplain Bassett is a retired police officer residing in Salem with his wife. Chaplain Bassett has begun some work with the department and officers over these past 6mo's at the departments request on a volunteer basis and has been warmly received. We are looking forward to including Officer Alive and Chaplain Bassett within the Police Department and the Woodburn Police Departments, Employee Assistance Program. Budget Impact: The $300.00 per year initial cost have been budgeted as; Personnel Management, line item 603.020. COUNCIL BILL NO. ! zTJ ~- RESOLUTION NO. A RESOLUTION AUTHORIZING A CONTRACTUAL SERVICES AGREEMENT WITH OFFICER ALIVE! LAW ENFORCEMENT CHAPLAINCY. WHEREAS, the city has a need for the personal counseling, stress management, guidance and support, and other services provided by Officer Alive! Law Enforcement Chaplaincy, and WHEREAS, Officer Alivel is qualified and capable of performing the professional services that the city requires, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the Mayor and City Recorder are authorized to sign a professional services contract with Officer Alivel Law Enforcement Chaplaincy, a copy of which is attached hereto, and by this reference, incorporated here'~nt! / //' City Attorney Date APPROVED: Len Kelley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page I - COUNCIL BILL NO.~/~ RESOLUTION NO. CITY OF WOODBURN, OREGON PROFESSIONAL SERVICES CONTRACT FOR WOODBURN POLICE DEPARTMENT EMPLOYEES lOC, THIS AGREF_aMF~NT made and entered into the 1st day of July, 1993, by and between City of Woodbum, of the State of Oregon, hereafter called the CITY, and OFFICER ALIVE! Law Enforcement Chaplaincy called the CONTRACTOR, whose address is 12295 SW Fifth (Post Office Box 187) Beaverton, Oregon 97075. WITNESSETH: WHEREAS, CITY has a need for the services of an individual with the particular training, ability, knowledge, and experience possessed by CONTRACTOR, WHEREAS, CITY has determined that the CONTRACTOR is qualified and capable of performing the professional services as the CITY does hereinafter require, under se terms and conditions set forth: NOW, THEREFORE, in consideration of mutual covenants contained herein, the parties agree as follows: A. SERVICES TO BE PROVIDED CONTRACTOR shall initiate services immediately upon receipt of the CITY'S notice to proceed, together with an executed copy of this agreement. CONTRACTOR will provide the following professional services: Scope of Services The CONTRACTOR will be available to provide personal counseling and crisis assistance to law enforcement personnel and their immediate families. The CONTRACTOR will provide guidance and support, upon request, to persons and serves as a facilitator for emotional and stress related incidents. o The CONTRACTOR will make hospital and home visitations during times of illness, injury, surgery, and the recovery period relating to on the job incidents. The CONTRACTOR will provide or facilitate training and counseling concerning stress management, ethics, and traumatic incidents, terminations, and preparation for retirement. (Certain professional training seminars/conferences .will be given on a fee basis/participant upon separate agreement.) Page 2 - PROFESSIONAL SERVICES CONTRACT o The CONTRACTOR may be called out on a 24-hours basis to assist police personnel with suicides, survivors of homicides and ace, dental deaths, (not natural DOAs) SIDS, or death notifications, and natural disasters. The CONTRACTOR will coordinate counseling services and referrals as required (psychological, mental health, marriage, alcohol, drug related, etc.) The CONTRACTOR, upon request, will assist in developing a Critical/Traumatic Incident Stress Debriefing team for the county use. The CONTRACTOR will coordinate and develop various spouse and family support groups for services described in this contract. The CONTRACTOR desires to be a friend to all, a confidential listening ear that is out of the chain of command. B. COMPENSATION FOR SERVICES PROVIDED The CITY agrees to pay the CONTRACTOR a monthly fee of $25.00, starting with fiscad year 1993-94 for performance of those services described herein. This contract may be renewable for additional fiscal years upon agreement of the CITY and CONTRACTOR. C. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR CONTRACTOR acknowledges that for all purposes to this Agreement, CONTRACTOR is and shall be deemed to be an independent CONTRACTOR and is not an employee of CITY, shall not be entitled to benefits of any kind to which an employee of the CITY is entitled and shall be solely responsible for all payments and taxes required by law. Furthermore, in the event that CONTRACTOR is found by a court of law o~' any administrative agency to be an employee of the CITY for any purpose, the CITY shall be entitled to offset compensation due to demand repayment of any amounts paid to CONTRACTOR under the terms of the Agreement, to full extent of any benefits or other remuneration CONTRACTOR receives (from CITY or third party) as a result of said f'mding and to the full extent of any payments that CITY is required to make (to CONTRACTOR or to a third party) as a result of said finding. Page 3 - PROFESSIONAL SERVICES CONTRACT D. INDF. NINIFICATION CITY has relied upon the professional ability and training of CONTRACTOR as a material inducement to enter into this Agreement. CONTRACTOR warrants that all its work will be performed in accordance with generally acceptable professional practices and standards as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of a CONTRACTOR's work by CITY shall not operate as a waiver or release. The CONTRACTOR agrees to indemnify and defend the City of Woodburn, its officers, agents and employees and hold them harmless from any and all liability, causes of action, claims, losses, damages, judgments or other costs or expenses including attorney's fees and witness costs and (at both trial and appeal level, whether or not a trial or appeal ever takes place) that may be asserted by any person or entity which in any way arise from, during or in connection with the performance of the work described in this contract, except liability arising out of the sole negligence of the CITY and its employees. Such indemnification shall also cover claims brought against the City of Woodburn under state or federal worker's compensation laws. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. E. INSURANCE F: The CONTRACTOR shall maintain insurance acceptable to the CITY in full force and effective throughout the terms of this contract. Such insurance shall cover all risks arising directly or indirectly out of CONTRACTOR'S activities or work. The policy or policies of insurance maintained by the CONTRACTOR shall provide at least the following limits and coverages; Types of Insurance Limits of Liability General Liability $500,000 (each occurrence) General Aggregate $500,000 TERMINATION At any time and without cause, CITY may terminate this agreement in its sole discretion upon giving CONTRACTOR five days written notice without waiving any claims or remedies it may have against the CONTRACTOR. Page 3 - PROFESSIONAL SERVICES CO--CT G. COMPLETE AGREEMENT This contract and any referenced attachments constitute the complete agreement between the CITY and the CONTRACTOR and supersedes all prior written or oral discussions or agreements. IN WITNESS WHEREOF the CITY has caused the Agreement to be executed by its duly authorized undersigned officer and the CONTRACTOR has executexl this Agreement on the date hereinabove first written. DATED: City of Woodburn, Oregon By: DATED: OFFICER ALIVE! LAW ENFORCEMENT CHAPLAINCY By: CITY OF WOODBURN POLICE DEPARTMENT 270 MONTGOMERY STREET WOODBURN,OR 97071 (503) 982-2345 EXT.351 Don Eubank Operations Lieutenant DATE: September 10, 1993 TO: Chris Childs, City Administrator Mayor and Council THRU: Chief Ken Wright SUBJECT: Gang Resource Intelligence Program Continuation In July of 1993, the City of Woodburn entered into an agreement with the Oregon State Police for Gang Enforcement Services and funding. Out of this agreement, the City of Woodburn initially received 917,850 for Gang Enforcement Overtime, Travel, Training, Equipment and Investigations. Due to our aggressive enforcement and "ZERO" tolerance for Gang Behavior, we were granted an additional 95,000 for additional overtime and equipment. This years Grant brings the City 98,000 for use in the above listed categories. Attached is a copy of this FY budget document. This program can only enhance the Police Departments continued effort in Gang Enforcement and Prevention. During the 92/93 FY, and continued in FY 93/94, the State Police Gang Grant afforded the City of Woodburn equipment and activities listed below: * Additional overtime funds to work Gang Enforcement. * A full time Oregon National Guard person is assigned to the Police Department to do the various intelligence gathering, analysis and required paperwork. Again, this is at no cost to the City of Woodburn. * Woodburn Police Officers learned how to better deal with gang members and how to identify specific actions/activities. * 2 Police Officers attended the AMER-I-CAN training program. * AMER-I-CAN program is starting at the High School in 1993. 1. Gang Program * Letter to parents advising their child was observed with gang members or exhibited, articulable gang behavior and offer resource information and follow up contacts with an officer for prevention. * Gang members from Woodburn have been documented and can be tracked State Wide. * Computers, cameras, and related equipment have been purchased togather and document intelligence. * Continued sharing information with the Woodburn Schools about gang members and their activity. * A "CITY WIDE" Gang Forum was held sponsored by the Woodburn Police Department (Gang Grant Funds) and the Woodburn School District. (Another will be held September 28, 1993) Attached you will find a copy of this years Letter of Agreement for the Gang Resource Intelligence Program for your review. It is my recommendation that the City of Woodburn authorize Chief Ken Wright to sign and return this agreement as soon as possible. Thank you for your consideration in this matter. Operations Lieutenant c:\wp51 \gang.agr COUNCIL BILL NO. /*,-L ¢ 5 RESOLUTION NO. A RESOLUTION AUTHORIZING AN AGREEMENT WITH THE OREGON STATE POLICE FOR GANG ENFORCEMENT SERVICES. WHEREAS, criminal street gang activity represents a serious concern within the city of Woodburn, and WHEREAS, it is imperative that effective coordination of available resources be employed to address emerging gang issues, and WHEREAS, criminal street gang activity can be reduced through intervention, prevention, and suppression methods, and WHEREAS, the Oregon Department of State Police is willing to enter into an agreement with the city of Woodburn, by and through its Police Chief to coordinate available resources and reduce criminal street gang activity, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: SECTION 1. That the Woodburn Police Chief is authorized to execute, on behalf of the city, the agreement between the Oregon Department of State Police and the city of Woodburn. SECTION 2. That a copy of said agreement is attached hereto, and by this reference, incorporated herein. ~l~at? Approved as to form: ~'~. ~'~'~ ~/'~~~~ City Attorney APPROVED: LEN KELLEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. atrDOET DOCUi~E~ $195.000 Pod; over a one year period would provide "maintenance" level funding for the continuing participation of the original Seven Cities. Cost reductions will be realized through previously acquired equipment, resulting in a continuing need for only travel, training, and overtime funds. The expansion of the program to eight additional cities will require the acquisition of al'l necessary computer hardware and software for "start-up", as well as training and overtime costs. Intergovernmental agreements will be renewed with the e~ieting Seven Cities, and ini%iated with the added agencies. $96.791 Match; would fund one Trooper position for a one year period. This position would continue to function in technical support of the overall program, in addition to serving as a liaison with oth.r law enforcement agencies. Community presentations, education and training related to this program would be provided through this position. $195,000 POD (Federal Funds) ~ceno¥ Officers Overtime Tray Train Equip *Woodburn PD 1 $6,000 $500 $500 $~,000 *Salem PD i $5,500 $1,000 $500 $1,000 *Bend PD ! $6,000 $1,000 $500 $500 -Eugene PD i $5,000 $1,000 $500 $1,500 *Springfield PD I $4,500 $1,000 $1,000 $1,500 -Medford PD 1 ,$6,000 $1,000 $500 $500 *Ontario PD 1 $6,000 $1,000 $500 $500 Hillsboro PD 1 $5,875 $1,000 $1,000 $9,500** Beaverton PD 1 $5,875 $1,000 $1,000 $9,500-~ Her~iston PD 1 $~,875 $1,000 $1,000 $9,500** Albany PD t $5,875 $1,000 $1,000 $9,$00** Oregon City PD 1 $~,875 $1,000 $1,000 $9,500** Gresham PD I $5,875 $1,000 $1,000 $9,500** Kiamath Falls PD I $$,875 $1,000 $1,000 $9,500** ~rants Pass PD ~ ~ ~1,000 $I.000 $9,500** To~al 15 $89,000 $15,000 $11~500 $~9,500 Grand Total $195,000 Indicates one of the original "Seven Cities" (Lower equipment and training costs) ** Equipment coat~ for added cities include purchase of a personal computer, software, modem, and necessary pho~ographic equipment as "star~ up" costs. DEPARTMENT OF STATE POLICE August 30, 1993 REC'D AUG 3 1 1993 ~ ud g~ LLfir,,l POLICE DEPT. General Headquarters Fil~: 400 Chief Ken Wright Woodbum Police Department 270 Montgomery Street Woodburn, OR 97071 Attached is a copy of the Letter of Agreement and the Operation Plan for the Gang Resource Intelligence Program for your review. If everything meets with your approval, please sign the letter and return it to me. I will return a copy to you after it is signed by the Superintendent. Please feel free to call me if you have any questions at 378-3720, extension 421. Gang Unit PWS:adg 107 Public Service Building Salem, OR 97310 (503) 378-3720 FAX (503) 363-5475 Agreement Between the Department of Oregon State Police and the Woodburn Police Department for Gang Enforcement Services PURPOSE: This Agreement is entered into by the Chief of Police for the Woodbum Police Department, and the Superintendent of the Department of Oregon State Police. Its purpose is to provide procedures for obtaining additional enforcement services, and guidelines for the use of those services, to assist in the reduction of criminal street gang activity. MISSION: To reduce criminal street gang activity within the City of Woodbum and the State of Oregon, through the enhancement of interagency communication involving the tracking, monitoring, and documentation of illegal street gangs and their members through the Gang Resource Intelligence Program (GRIP). AUTHORITY: Oregon Revised Statutes 190.110 OPERATIONS: The Woodburn Police Department and the Department of the Oregon State Police hereby mutually agree it is desirable to collaborate in better utilizing the resourc, es of both agencies, thereby enhancing the abilities of both agencies to deal effectively with street gang activity. 1. The Chief of Police of the Woodburn Police Department agrees to: Assign a contact person who will be respousiblo for management/security of the program described herein. b. Provide GRIP with copies of all police reports involving gangs or gang affiliates. Document all gang affiliates through GRIP. Notify GRIP by fax or teletype of any serious or significant event involving gang affiliates in a timely manner. Provide a weekly report of gang activity and information occurring in the community to GRIP, no later than 4:00 PM on Fridays. Comply with applicable guidelines regarding the security and dissemination of information obtained through the GRIP network, as outlined in the attache4 GRIP Operation Plan. ho Familiarize all personnel involved in this program with the attached GRIP Operations Plan. i. Designate a phone line for connection to the GRIP computer. The Superintendent of the Department of Oregon State Police, subject to the availability of appropriate funding levels and applicable rules and regulations, agrees to: Re Notify the Woodburn Police Department whenever gang information is received that will impact their community. b. Provide monthly synopsis of gang activity and trends occurring statewide. d. Provide access to GRIP files and data bases. eo Monitor and track the activity of gang affiliates and make that information available to the Woodburn Police Department. f. Provide necessary training related to the operation of this program. The Woodburn Police Department and the Department of the Oregon State Police mutually agree: That neither party shall be liable to the other for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement. bo That the terms of this Agreement shall be modified by written amendment hereto by mutual consent of the parties. Effective Date & Duration: This Agreement shall be made effective on the date of signing by the Superintendent of the Oregon State Police and Ken Wright, Chief, Woodbum Police Department. This Agreement shall run for successive one year terms which shall be renewed automatically at the end of each year, unless either party gives the other party written notice of the termination of this agreement, no fewer than 30 (thirty) days prior to the annual renewal date. Services: For satisfactory performance of the work made reference 'herein, the Woodbum Police Department will be reimbursed according to the following: Services: The Department of Oregon State Police agrees to reimburse the Woodbum Police Department for overtime, travel, training, and equipment incurred as a result of this Agreement. Such expenses will be reported, and forwarded for payment approval on a form provided by the Gang Resource Intelligence Program. bo Co do Eauioment: Equipment purchases approved in advance by the contracting officers representative may be billed to the Oregon State Police under the terms of this Agreement without prior written approval of the contracting officer. ~ Budget: It is further agreed that the sum of $8,000.00 represents the m,v, imum dollar amount for which the Department of Oregon State Police will be responsible under the terms of this Agreement. The Department of Oregon State Police is not obligated to pay, nor is the Woodbum Police Department obligated to perform any effort that will require the expenditure of State funds above the total dollar amount set forth above. Payment: Payment shall be made upon receipts of satisfactory quarterly itemized invoice. Payment data shall include the date and location where services have been rendered and the signature of the official certifying the services have been rendered. All requests for reimbursement will be diree~ to Sergeant Peter Spirup, Oregon State Police, Gang Unit, for approval and forwardiag to the CEiminal Justice Services Division. Payment will be disbursed quarterly pursuant to CJSD grant procedures and guidelines. Coordinators: The Chief of Police has designated the following individual as the person who will represent his office in resolving and handling routine matters pertaining to this Agreement: Name Title Telephone # Designated Computer Phone # The Superintendent has designated Sergeant Peter Spirup, telephone 378-3720, as the person who will represent his office in resolving and handling routine technical matters pertaining to this Agreement between the parties to this Agreement. This representative is authorized to clarify, review, and approve work which is clearly within the scope of this Agreement but is not authorized to modify this Agreement in any way. This Agreement, consisting of 3 pages, including attachments, has been received and agreed to by the undersigned: Chief, Woodburn Police Department Superintendent, Oregon State Police Date Date 3 OREGON STATE POLICE GANG RESOURCE INTELLIGENCE PROGRAM OPERATION PLAN PURPOSE The purpose of this document it to provide standards, procedur~ and guidelines for the operation of the Gang Resource Intelligence Program (GRIP). ABBREVIATIONS I. OSP: Oregon State Police. II. GRIP: Gang Resource Intelligence Program. GANG RESOURCE INTELLIGENCE PRO'GRAM MISSION The mission of the Gang Resource Intelligence Program is to provide law enforcement agencies with a criminal information database specifically related to illegal street gangs which meets their needs and aids in the protection of the public and the suppression of criminal gang activity. In addition, GRIP will assist law enforcement agencies with training and gang awareness programs involving individual communities. DISSEMINATION I. The Gang Resource Intelligence Program will comply with the "Third Agency Rule" which is explained as follows: Reports and other investigative material and information received by the Gang Resource Intelligence Program shall remain the property of the originating agency, but may, subject to consideration of official need, be retained by the Gang Resource Intelligence Unit. Such reports and other investigative material and information shall be maintained in confidence, and no access shall be given thereto except, with the consent of the investigative agency concerned, to other departmeots and agencies acceding the system on a right-to-know, need-to-know basis. Consent to disseminate this information, based on these guidelines, is given to the GRIP through interageney agreements and is assumed when agencies submit information to the GRIP system. This policy also applies to individuals, groups or organizations requesting specific records or material under the Freedom of information Act or Oregon Public Records Law. II. The originating agency shall determine whether the investigative report, material or other infor/nmion should be released prior to submitting the material to the GRIP. IH. Definitions: a. Right-to know: Requester agency has official capacity and statutory authority to the information being requested. b. Need-to-know: Requested information is pertinent and necessary to tho requester agency in initiating, furthering, or completing an investigation. IV. Classifications of material: a. Confidential: All material submitted to the GRIP is considered confidential and will be disseminato~ according to the above criteria. bo Sensitive: This classification will be used by a submitting agency when information contained in a report should not be included in the computerized system. When a report is submitted to the GRIP by an agency and that report is marked 'sensitive,' only the minimum information necessary to document the individual will be entered into the computerized system. The report will be retained with other reports, however GRIP personnel will not release that information without specific permission from the submitting agency. Normally, anyone requesting information from one of these reports should be referred directly to the submitting agency. This procedure will ensure gang members can continue to be documented without endangering ongoing investigations or other sensitive information. DEFINITION OF REASONABLE GROUNDS As used in this document, reasonable grounds means reasonable suspicion. Reasonable suspicion is suspicion that is reasonable under the totality of the circumstances. It is less than probable cause and more than mere suspicion. DEFINITION OF CRIMINAL INTELLIGENCE FILE A criminal intelligence file consists of stored information on the activities and associations of: I. Individuals who: a. Based upon .reasonable suspicion are suspected of being or having been involved .in the actual or attempted planning, organizing, threatening, financing, or commission of criminal acts; or b. Based upon reasonable suspicion are suspected of being or having been involved in criminal activities with known or suspected crime figures. II. Organizations, businesses, and groups which: a. Based upon reasonable suspicion are suspected of being or having been involved in the actual or attempted planning, organizing, threatening, financing, or commission of criminal acts; or b. Based upon reasonable suspicion are suspected of being or having been illegally operated, controlled, financed, or infiltrated by known or suspect~ crime figures. FILE CONTENT Only information meeting the GRIP's criteria for system input will be stored in GRIP system. No information will be collected or maintained about the political, religious, racial or social views, sexual orientation, associations or activities of any individual, group, association, organization, corporation, business or partnership unless such information directly relates to an investigation of criminal gang activities and there are reasonable grounds to suspect the subject of the information is, or may be, involved in criminal conduct. INFORMATION INPUT Information to be stored in the GRIP's system must first undergo a criteria review and an evaluation for sourge reliability and information validity prior to filing. I. Criteria Review: Incoming information is reviewed by the GRIP to determine if it meets the following criteria for gang affiliation: ao Definition of Criminal Gang: An ongoing organization, association or group of three or more persons, whether formal or informal, which has as a purpose the commission of violent, street or drug-related crimes. The criminal activities may include robbery; homicide or manslaughter; the sale or possession of controlled substances; shooting at occupied dwellings, cars or persons believed to belong to rival gangs; arson; witness intimidation; extortion; assault; or any pattern of street crimes facilitated by efforts of gang members. A criminal gang also has one or more of the following characteristics: - Commits, or conspires to commit, crimes agAin.~t individuals or groups based on race, color, religion, sexual preference, national origin, or rival gang association; - Uses a gang name, a common identifying sign or symbol, or has an identifiable leadership role; - Has a high rate of interaction among members, to the exclusion of other groups; - Claims a neighborhood and/or other geographical territory; or - Whose members wear distinctive types of clothing, exhibit distinctive appearance, or communicate in a peculiar or unique style. b. Definition of Gang Affiliate: The designation given to an individual who: - Admits or asserts affiliation with a criminal gang to the police; - Has been identified as an individual affiliated with a criminal gang based upon reliable information, an informant, or a law enforcement agency, including out of-state or federal agencies; - Uses hand signs or language, the content and context of which clearly indicates gang affiliation; - Displays clothes, jewelry, or tattoos unique to gang affiliation (Note: Clothing color alone is insufficient for gang affiliate designation. - Accompanies an identified gang affiliate during the preparation for, or commission of, a crime; or - Commits, or conspires to commit, crimes again~ persons or property based on race, color, religion, sexual preference, national origin, or rival gang association. II. Source Reliability: The term "source" relates to the individual, group or organization providing the information to the GRIP. Source reliability will be determined according to the criteria set forth in Table I. 3 III. Class .Level A Reliable B Usually Reliable C Unreliable D Unknown TABLE I Source Reliability Description Source's reliability is unquestioned or has been well tested in the past. Source's reliability can usually be relied upon as factual. The majority of past information provided has proven to be reliable. Source's reliability cannot be relied upon as factual, or is sporadic at best. Source's reliability cannot be judged. His autheaticity of trustworthiness has not been determined by either experience or investigation. Information Validity: The term "information" relates to written, oral, and/or pictorial materials provided to the GRIP by the individual, group, or organization. Information validity will be determined according to the criteria set forth in Table 2. Class Level 1 Confirmed 2 Probable 3 Doubtful 4 Cannot Be Judged TABLE 2 Information Validity Description The information has been corroborated. The information is consistent with past accounts. The information is inconsistent with past accounts. The information cannot be evaluated. INFORMATION CONTRIBUTIONS All crimlnal gang intelligence maintained in the GRIP system must display the names and phone numbers of persons and agencies providing the information. QUALITY CONTROL Information stored in the GRIP's system will undergo a review by the Gang Unit Coordinator for compliance with the law and with the standards, guidelines, and procedures of this document before its entry into the system. 4 PUBLIC ACCESS The Gang Resource Intelligence Program will comply with the Oregon Public Records law in responding to requests by members of the public for file information to the extent that the law allows and to the degree the materia~ls requested are not classified according to defined restrictions on dissemination. SECURITY Because security and protection of the materials in the criminal intelligence file is of utmost i .mportance, the following procedures shall be observed: I. Policy: All GRIP agencies shall be thoroughly familiar with access and dissemination policies of this document. II. Access: Direct access to the GRIP's criminal intelligence files is limited to GRIP participating agencies. a. Each agency will designate a person responsible for the security of the GRIP system. This person will be furnished a password by the GRIP for access into the system. It is the responsibility this person to maintain security of the system in accordance with this policy. PURGE REVIEW All information in the GRIP File is eventually removed and destroyed. Its removal and destruction is in accordance with the following purge and destruction criteria: I. Information is purged when it is: a. No longer useful, b. No longer relevant, c. Invalid, d. Inaccurate, e. Outdated, f. unverifiable, or g. Inconsistent with mission. All material in the GRIP file will undergo review to ensure the material does not meet a purge requirement. This review will be conducted automatically at five years after the last update in the individuals file. At this review, each file will be individually reviewed to ensure its compliance with the above purge criteria. If it is determined the file should be purged, based on this review, the file will immediately be destroyed. This review process will always be done in conjunction with the original documenting agency. REVIEW PROCEDURE In addition to the above mentioned automatic purge review all material contained in the Gang Resource Intelligence Program files will undergo one or more reviews at the intervals indicated in the following procedures: 7/93 5 I. All files wi~in the system ere reviewed annually for interigt~. This review includes cro~ referencing thc file with ~tate end local files. Current C~minal Histories end local Police record check~ are compared with our II. All entries within the program are reviewed twice a year under guidelines established by the Law Enforcement Data System because of our involvement in the 'officer safety alert' program- This review accomplishes two things. First, it ensures the information entered into LEDS is correct. Second, it ensures individuals entered into LEDS are still gang members or affiliates. III. All active files related to the Portland Police Data System are reviewed quarterly. An active file is defined as one that. is updated or accessed because of gang activity during that given quarter. This review covers all gang members/affiliates who have been submitted by Portland Police Bureau. It ensures aH information is accurate and that those individuals who should have been purged, have in fact, been purged. IV. All entries that are requested purged by submitting agencies (except Portland Police Bureau) are subsequently reviewed to ensure accuracy in the purging proce~. This is accomplished by the agency submitting a follow up purge request within thirty days of the original request, to ensure the original request was carried out. GRIP personnel responsible for the purge proc?s~ will ensure each file to be purged, based on an agencies request, is thoroughly reviewed to ensure: I. Only the material submitted by that agency is purged. In many cases, an individual's file contains information from several agencies. II. Some agencies will be requesting files be purged. This may be based on the individual having no activity in their jurisdiction for a designated period of time. Review of these files will ensure the in&vidual hasn't moved to another jurisdiction or is incarcerated which could explain the lack of activity in the documenting agencies jurisdiction. If the individual continues to be active in another jurisdiction or appears to be continuing in gang activity/relationships while in prison, it may be necessary for the GRIP to adopt ownership of the documenting agencies information. This will ensure GRIP deesn't loose track of an individual who poses a threat to society. If the GRIP adopts ownership of any information, the material submitted by the original documenting agency will be destroyed. DESTRUCTION Material purged from the criminal intelligence file shah be destroyed under the supervision of the Gang Unit Coordinator. Destruction will be accomplished by methods consistent with statutes and rules relating to the destruction of public records. STATEMENT OF UNDERSTANDING All Gang Resource Intelligence Program agencies shall read this document and sign an understanding of such. This will be accomplished when signing the inter-agency agreements for participation in the program. 6 CITY OF WOODBURN POLICE DEPARTMENT 270 Montgomery Street Woodburn, Oregon 97071 Paul Null ~ Services Lie ut cna Ir~.._~.....v,.,,'~ 0, 1993 ~~__~n Wright, Chief of Police ' RE: Contract with Equifax - Credit Information Services 982-2345 Ext. 352 Woodburn Police Officers spend a major portion of their time tracking suspects in criminal investigations. A viable resource for the police department in locating criminals are public and private data bases. One such depository of information is a Credit Information Service. Presently, the police department must rely on other agencies to obtain this type of information. Also, as part of our employment background investigation, a history credit check is a valuable tool in establishing and verifying an applicants information. One major Oregon credit information service which supplies such information to police agencies is named Equifax. Equifax offers a service called "DTEC," which would assist the police department in locating persons and obtaining identification information. This service would allow us to make a search for a person throughout the United States, Puerto Rico, Guam, the Virgin Islands and America Samoa, by use of a Social Security number. This service would be a valuable tool in locating and apprehending criminals. To assist in the Woodburn Police Department employment background investigations, Equifax offers a service named "Persona." This service provides a persons previous employers, verifies previous addresses, reveals creditors and amounts owed, provides history of credit payments, and civil actions taken against a potential police employee. The Persona service can be used for employment purposes only. Equipment needed to participate in the credit information service is a persQnal computer, a modem and phone line. Since the police department currently has this equipment there will be no additional cost for equipment. Training time for employees to use the service is minimal. Attached you will find two contracts; one for DTEC the other for Persona, and a supplemental agreement which deals with computer hookup fees, training and security of computer terminals. Because we are a governmental agency, there are no initial sign up fees or yearly maintenance fee. There is a four dollar ($4.00) fee for each credit history check performed. I would estimate that the police department would access Equifax Persona approximately five (5) times a year for a total access fee of $20.00. There is adequate funding in the Personnel Management line item te accommodate the newly requested service. It is estimated that DTEC would be accessed approximately fifty (50) times per year. The charge for each access is $2.00, for total estimated yearly charge of $100.00. There is adequate funding in the Investigative Fund line item to accommodate the newly requested service. I am recommending that the City of Woodburn enter into a contractual agreement with Equifax for Persona and DTEC credit information services. COUNCIL BILL NO. !/d~ ~z/L RESOLUTION NO. A RESOLUTION AUTHORIZING AGREEMENTS WITH THE CREDIT BUREAU, INC. FOR EQUIFAX CREDIT INFORMATION SERVICES. WHEREAS, the investigations where it information, and Woodburn Police Department is involved in criminal is necessary to locate persons and obtain identification WHEREAS, the Woodburn Police Department is also involved in employment background investigations to verify the information submitted on behalf of various prospective job applicants, and WHEREAS, the Credit Bureau, Inc. of Georgia/Credit Northwest Corporation, doing business as "Equifax" is available and qualified to provide said services, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the Woodburn Police Chief is authorized to execute, on behalf of the city, the agreements between the Credit Bureau, Inc. of Georgia/Credit Northwest Corporation and the City of Woodburn. Section 2. That copies of said agreements are attached hereto, and by this reference, incorporated herein. ~.,D~2e/? Approved as to form:~ .'~/'~ ~~-~~ ..~ City Attorney APPROVED: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon LEN KELLEY, MAYOR Page I - COUNCIL BILL NO. RESOLUTION NO. Information Source PERSONA Agreement for Service (Employment Agency) The Credit Bureau, Inc. The undersigned does hereby certify that we will order reports under this Agreement only for employment purposes involving the consumer on whom the report is ordered. Such employment purposes will be deemed to exist only when either the consumer involved has contracted with us to help him secure employment, or when we have been requested by a bonafide prospective employer to locate an employee with qualification believed to be possessed by the consumer on whom we order a report. Furthec we agree that reports will be ordered only at that time during the selection process when they become necessary to that process and will not otherwise be ordered. Our employees will be prohibited lrom obtaining reports on themselves or others, or on any other person except in the exercise of their official duties. Reports will be used only for the purpose for which they are ordered. In connection with each request for a report, we agree that the person ordering the report will specifically tell your employee that the report is for employment purposes so that proper procedures regarding the reporting of public record information may be followed. We agree that in relaying any and all information on reports received from you to our customers, we shall in all instances faithfully transmit such information or reports in their entirety, including but not limited to transmitting the date the information was last checked or revised by you and your full name and mailing address. Each report shall also be marked with the following legend: "While this report is believed to be accurate, it is submitted with the agreement of user that neither The Credit Bureau, Inc. (CBI) nor submitter are responsible for any negligence in reporting." We further agree that, in case the disclosure of any information or reports by us or by our subscribers leads to any claims or litigation, we agree to indemnify you, your agent, employees and independent contractors, for any liability, damages or expenses resulting therefrom. We further recognize that the accuracy of any information furnished is not guaranteed by you and we release you and your agents, employees and independent contractors from liability for any negligence in connection with the preparation of such reports and from any loss or expense suffered by us or our customers resulting directly or indirectly from your reports. We agree to pay promptly for all reports or information requested, according to the rate schedule or cash prices now or subsequently established by you, plus the charges for any special telephone or telegraph services or any special services rendered by you. We understand and agree that this letter constitutes all agreements and conditions of reporting, present and future and applies to all types of reports, including all types of checking services and bulletins, made by you and your affiliated companies. Reports from affiliated companies shall be paid for at their prices established from time to time. No changes in this agreement may be made except by consent in writing of an officer of CBI. Company Address I~gX)DBURN POLICE DEPAR'IIqEIG 270MONTGOMERY WOODBURN, OR 07071 Acct. No. Mailing Address SAHE AS ABOVE By Title Dated at This __ Day of ,19 __ Rrm 101729--3-90 The Credit Bureau. Inc. USA AGREEMENT FOR SERVICE (DTEC Service) THE CREDIT BUREAU, INCORPORATED OF GEORGIA CREDIT NORTHWEST CORPORATION 1. The undersigned, desiring to use your DTEC services at the regular prices established by you from time to time, agrees that all information, whether oral or written, whether by report or otherwise, will be submitted and received subject to the following conditions: 2. Information will be requested only for our exclusive use. All information received from you, other than name and address information from a DTEC report, will be held in strict confidence, except to the extent that disclosure to others is required by law. 3. Recognizing that information is secured by and through fallible human sources and that for the fee charged you cannot be an insurer of the accuracy of the information, we understand and agree that the accuracy of any information furnished is not guaranteed by you and we release The Credit Bureau, Incorporated of Georgia and Credit Northwest Corporation and their agents, employees, and independent contractors from liability for any negligence in connection with the preparation of DTEC reports and from any loss or expense suffered by us resulting directly or indirectly from DTEC reports from you or your affiliated companies. 4. All reports will be charged to the undersigned at the regular rates of The Credit Bureau, Incorporated of Georgia/Credit Northwest Corporation in the city in which the service is rendered. Such charges shall be paid for by the undersigned upon rendition of monthly statements. 5. Written notice by either party will terminate this agreement, but the obligations and agreements of the undersigned set forth in the second, third, and fourth paragraphs above will remain in force. 6. We certify that: a) we will only use DTEC reports to locate or further identify the subject of the report and that we will not order or use DTEC reports in whole or in part to determine eligibility for credit, employment, or insurance or any other purpose that permits a consumer report to be ordered, except in connection with the collection of a debt. b)if adverse action is to be taken against the subject and the information to be used has been obtained from DTEC, it will be verified by another source. The DTEC information will be used as lead information only. c) no consumer reports will be ordered from you pursuant to this agreement. If the need for a consumer report should arise, we will contact you to arrange for this service. d) it is understood that obtaining consumer reports under false pretenses is a violation of federal law and may subject us to a fine of not more than $5,000 or imprisonment of not more than one year, or both. 7. We understand and agree that this letter constitutes all agreements and conditions of DTEC report service made by you and your affiliated companies. DTEC reports from affiliated companies shall be paid for at their prices established from time to time. No changes in this agreement may be made except by consent in writing of an officer of The Credit Bureau, Incorporated of Georgia/Credit Northwest Corporation. Company NOODBOEN POI'.'I'CF. By Title City Dated at Service Beginning Mailing Address Street Address Account Number Other 270 MO~RY ST SAME AS ABOVE Total Type Business WOODR[IRN: OR Telephone No. State Per POLICE DEPARTHFJ~ z~g _9.ZOZi__ Fora1 10147~--4-87 USA SUPPLEMENT AGREEMENT TO AGREEMENT FOR SERVICE THE CREDIT BUREAU, INCORPORATED OF GEORGIA ATLANTA, GEORGIA Gentlemen: Th~)A~,~eement shall not supersede the Agreement for Service executed by the undersigned organization on , but shall be considered as supplementary thereto. We own or lease ~ remote terminal(s) suitable for integration into your computer system to permit us to access information available to us under said Agreement for Service. We understand that, on acceptance by you of this agree- ment, access to your computer system will be made available. We will bear the expense of and make all technical arrangements necessary at our place of business to connect our terminal(s) to your computer system. We agree that the terminal(s) will be operated only by certain of our employees who shall have been trained by members of the staff of CBI. At least two of our employees shall have been so trained by CBI prior to connection of our terminal(s) to your computer system; at least two trained operators will be available to operate the terminal(s) during the time of this agreement. We agree to take all necessary measures to prevent unauthorized use of the terminal(s) by any person other than designated operators and will establish and enforce policies whereby our employees are forbidden to obtain information on themselves or associates. "We further agree that if the terminal(s) are utilized to order or obtain reports for employment pur- poses, that such reports will be ordered and obtained only pursuant to the CBI Employment Report Request Procedures which, as amended from time to time, are incorporated into and made a part of this Agreement." We agree that, with regard to the operation of the terminal(s), CBI shall not be liable for transmission distortion, inter- ruptions or failure or for any resulting consequential or special damages whatsoever. This agreement is not assignable. It shall be effective on the date it is accepted by CBI and shall remain in force a minimum of 30 days, and thereafter until written notice of termination shall be given by either party, at least 30 days prior to the termination date. ACCEPTED: CREDIT BUREAU, INCORPORATED OF GEORGIA Company By Title Dated ~OODBURN POLICE By Dated Form 9559--1-86 USA MEMO TO: FROM: SUBJECT: DATE: City Council through City Administ~r Public Works Program Manager---./',-'z:~~~-. Special Transportation Fund Agreement for FY 93-94 September 6, 1993 RECOMMENDATION: Approve the attached resolution entering into an agreement known as the "STF-8 Agreement" with Salem Area Transit District to receive $15,000.00 in Special Transportation Funds. BACKGROUND: The Special Transportation Fund (STF) is derived from a portion of the State cigarette tax and dedicated for use in providing transportation for the elderly and disabled. The City Dial-A-Ride program has received STF grant funds since 1988. The State allocates the funds by formula to each county and in Marion County these grant funds are administered by the Salem Area Transit District. Through the Grant Application process the City was awarded $15,000.00 for its Dial-A-Ride Program to provide transportation for elderly and disabled residents of the community. This amounts to an approximately 10 per cent decrease from FY 92-93 but reflects that STF funds available for grants decreased by the same amount. The agreement presented this year is identical to the one approved last year with the exceptions of changes resulting from a different amount of grant funds being awarded and budget modifications to accommodate the new grant. Staff recommends that the resolution be approved authorizing the Mayor to sign the agreement on behalf of the city. STFFY92.93 RR: bw COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION ENTERING INTO AN AGREEMENT WITH THE SALEM AREA TRANSIT DISTRICT KNOWN AS THE "STF-8 AGREEMENT", WHICH IS ATTACHED AS EXHIBIT "A" AND BY THIS REFERENCE INCORPORATED HEREIN, FOR FY 1993-94 AND AUTHORIZING THE MAYOR TO SIGN SUCH AGREEMENT. WHEREAS, the City of Woodburn applied for Special Transportation funds for Fiscal year 1993-94 as approved for under Oregon Statute, and WHEREAS, the City of Woodburn has been awarded $15,000 in operational assistance for the Dial-A-Ride program. WHEREAS, the Salem Area Transit District administrates the Special Transportation Fund for Marion County. NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an agreement with the Salem Area Transit District to secure Special Transportation Funds for Dial-A-Ride operating assistance. Section 2. That the Mayor is authorized to execute and the City Administrator to administer said agreement on behalf of the City. Approved as to form.'~~ City Attorney APPROVED: Len Kelley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page I - COUNCIL BILL NO. / RESOLUTION NO. EXHIBIT "A" Due to its length the "STF-8 Agreement" has not been included in the agenda package. Copies will be available for inspection at the Council meeting if desired. COUNCIL BILL N'O. /'/--~ ~G RESOLUTION NO. A RESOLUTION AUTHORIZING INTERDEPARTMENTAL BORROWING DURING FISCAL YEAR 1993-94. OF FUNDS WHEREAS, expenditures within the General Fund, Transit Fund, Library Fund, Park and Recreation Fund, and Federal Programs Fund may exceed revenues received at the time of expenditures, therefore, interdepartmental loans are necessary to comply with Local Budget Law. Oregon Revised Statutes 284.460 allows this type of loan; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. During fiscal year 1992-93, funds not to exceed $850,000 be loaned to the General, Transit, Library, Park and Recreation, and Federal Programs Funds from City Hall Construction, Library Endowment, General Operating Reserve, Wastewater Equipment/Replacement Reserve, Water Equipment/Replacement Reserve, Street Capital Improvement, Water Capital Improvement, Wastewater Capital Improvement, Water, and Wastewater Funds. Section 2. That said loans be returned to the respective funds listed in Section 1 of this Resolution no later than June 30, 1994. Section 3. That the funds returned shall be obtained from property tax revenues levied for fiscal year 1993-94 within the General, Transit, Library, and Park and Recreation Funds; and from federal grant revenues within the Federal Programs Approved as to form: - City Attorney Date APPROVED: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Len Kelley, Mayor Page 1 - COUNCIL BILL NO.. RESOLUTION NO. MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager /~'~,~ Bid Award for used 4 door Sedan September 8, 1993 RECOMMENDATION: Award Bid Number 94-04 for a used 4 door Sedan to Miles Chevrolet for $8,494.89. NOTE: Vehicle cost will be split among budgeted line items: 93-930-710.035, 94-940-710.035, and 96-960-710.035 BACKGROUND: City of Woodburn Bid Number 94-04 was opened and publicly read at 2:00 pm on September 7, 1993. The bid specified a used 1990 or newer four door, five passenger sedan. Specified also was a maximum of 25,000 miles, a six cylinder engine, air conditioning, automatic transmission and normal standard items. The results were: BIDDER MODEL PRICE Miles Chevrolet Hubbard Chevrolet Hubbard Chevrolet Hubbard Chevrolet 1992 Chev Corsica 1992 Chev Corsica 1993 Chev Corsica 1993 Chev Corsica $ 8,494.89 8,690.95 10,453.96 11,194.71 It will replace a 1984 Ford LTD that is in poor mechanical condition and is no longer reliable for the out of town travel that is often required of the Public Works Director. This vehicle will be utilized by the Engineering Department to replace a 1983 Chevrolet that is out of commission and uneconomical to repair. The September, 1993 NADA average retail for a comparable 1992 Corsica was $9,975 or nearly $1500 above the Miles Chevrolet bid proposal. Staff has examined the Miles Chevrolet vehicle and found it to be in excellent condition and an exceptional value for the bid price. Staff recommends that the Miles Chevrolet bid of $8,494.89 be accepted. City Of Woodburn Police Department 271~_b4I~ ontgomery Street Police Woodburn, Oregon 97071 (503) 982-2345 Date: To: Thru: Subject: September 9, 1993 Mayor and Council C. Childs, City Administrator Bureau of Justice Assistance Grant - Police Hiring Supplement Program On September 3, 1993 the police department received the FY 1993 Discretionary Program Application Kit. This program represents the first stage of Presidents Clinton's promise to put more Police Officers on the street and make America's neighborhoods safe places in which to grow, live, and work. Through the Police Hiring Supplement Program, the Department o f Justice will Award a total of $150 million to law enforcement agencies throughout the nation to help hire and/or rehire additional sworn law enforcement officers. This program will target funds to localities most in need and provide incentive for communities to develop innovative, locally designed, long-term public safety plans. The grant goes on to say that putting more police on the streets will not alone solve America's, or Woodburn's, crime problems. But, law enforcement officers can lead the way, by building partnerships with residents and with public and private agencies to develop and implement strategies tailored to the unique needs of communities. Applications must pass strict criteria standards. I estimate that a minimum of 50-60 staff hours will be required to complete the application and should we be successful and on-going budgetary commitment by the city for three years of the grant with a continuation and retention plan. The grant is for strictly salary and fringe benefits costs only. The applicant must provide all overtime, equipment and other ancillary costs. The federal share for each officer xnay not exceed the greater of (1) 75% of the total salary and benefits over the life of the grant, up to a maximum of $75,000; OR (2) 50% of the total salary and benefits over the life of the grant. The above figures are not the total costs but, salary and fringe only. As you will recall with the passage of measure 5, the city and police department eliminated numerous personell positions in order to come under the $25 per thousand cap. This related to an approximate reduction of about 28% of the city's general fund budget. The police department was reduced by two sworn police officer positions and one records clerk. It would be my intent to replace both police officer positions. With city personnel assistance and direction by Mr. Childs, it is estimated the total salary and fringe costs to be $75,300 per year for two police officers. The three year life of the grant would be about $226,000. This would be a commitment of 50% by the city. The annual cost would be about $37,700. *note that all costs are estimated and rounded. Within the grant application there is a requirement for the localities to show funding and retention commitment. In other words the program is designed to create long-term employment and to address one of the most pressing needs of communities, and that is of safety. I bring this grant to your attention for your commitment and approval to apply. The city is in dire need of reinforcing its police department and what better way than with the assistance of this program. Recommendation Authorize the police department to pursue the application process for the Bureau of Justice Assistance, Police Hiring Supplement Program Grant. attachment letter cc Lt Null file B:bjagrnt.cal August 30, 1993 Dear Colleague: I am pleased to send you the application kit for the new Police Hiring Supplement Program. This program represents the first stage of our efforts to fulfill President Clinton's promise to put more officers on the street and make America's neighborhoods safe places in which to grow, live, and work. Through the Police Hiring Supplement Program, the Department of Justice will award a total of $150 million to law enforcement agencies throughout the nation to help hire and/or rehire additional sworn law enforcement officers. This program will target funds to localities most in need and provide an incentive for communities to develop innovative, locally designed, long-term public safety plans. Increasing the number of officers and expanding community policing are key parts of our overall strategy to combat crime. We all recognize that putting more police on the streets will not alone solve America's crime problems. But, law enforcement officers can lead the way, by building parmerships with residents and with public and private agencies to develop and implement strategies tailored to the unique needs of their communities. Our program goals are simple: prevent crime, promote problem-solving, and enhance, public safety. The Department of Justice is committed to reducing crime and violence across the nation and in your community. I encourage your agency to compete for a grant under the Police Hiring Supplement Program. Janet Reno 8/31/93 A/P CHECK LISTING FOR THE NONTH OF AUGUST 1~93 Page 1 Check NL~nber Budgetary Account NL~nber Vendor Name Vendor Number Check - Date Written Amount of Check 19822 OFF STREET PARKING BONDS U.S. BANK 020070 8/02/93 7,000.00 19823 SERVICES-~/ATER U.S. POST OFF[CE 020090 8/02/93 1,047.35 19824 PAYROLL-FINANCE OHIO NATIONAL LIFE INS O&0400 8/04/93 11.35 19825 BONDS/COUPONS U.S. BANK 020070 8/05/93 5,606.50 19826 PETTY CASH-VARIOUS CiTY OF UOOOBURN 015255 8/05/93 151.06 19827 77 SE~ER COUPONS U.S. BANK 020070 8/06/93 131.25 19828 SERVICES-UATER U.S. POST OFFICE 020090 8/06/93 232.86 19829 VOI D VO] D VO[ D 19830 VO[ O VO ! O VOI O 19831 VOI 0 VOI D VOI 0 19832 SERVICES-PUBLIC IdORKS STPP NONE 8/06/93 20.00 19833 SERVICES-COURT/FINANCE A-1 TYPEtdRITER SERVICE 000008 8/06/93 187.50 19834 SUPPLIES-UATER AOVANTAGE BUSINESS FORMS 00007'5 8/06/93 1,072.51 19835 REINBURSENENT-911 GINA AUORITSH 000542 8/06/93 174.00 198~6 SERVICES-UATER B AND L CONCRETE 001031 8/06/93 1,887.90 19837 SUPPLIES-LIBRARY BI -NART CORPORATION 001275 8/06/93 25.72 19838 SUPPLIES-VARIOUS BOISE CASCAOE 001340 8/06/93 370.27 19839 SERVICES-911 BUSINESS CONNECTIONS 001627 8/06/93 15.00 198~0 SERVICES-POLICE CASE AUTONOT[VE 002190 8/06/93 1,027.95 198/, 1 SERVI CES-MdTP C [ NTAS 002~8~ 8/06/93 121.93 198/,2 INSURANCE-NON DEPT CI$: C[TY-CTY INS SERV$. 002/,88 8/06/93 14,53~.17 19843 SERVICES-COURT NARGOT COMLEY 002686 8/06/93 27.50 198~4 SERVICES-POLICE CONNERCIAL SEAT COVERS CO 002715 8/06/93 140.00 198~5 SUPPLIES-911 DISPATCH PUBLICATIONS 003228 8/06/93 20.00 198/,6 SERVICES-NON DEPT DURHAM & BATES AGENCIES INC 003338 8/06/93 4,290.00 19847 SUPPLIES-C STORES FIRST BANK OF NAR]ETTA 005133 8/06/93 178.87 19848 SUPPLIE$-I~P FISHER~$ PUMP & SUPPLY 005147 8/06/93 208.00 198~9 SUPPLIES-LIBRARY GALE RESEARCH CONPANY 006015 8/06/93 79.67 19850 SERVICES-911 GERVAIS TELEPHONE CO 006143 8/06/93 95.~ 19851 SERV ICE$ - VAR ! OUS G. T. E. 14081LNET 006373 8/06/93 573.75 19852 SERVICES-VARIOUS HARRIS & EIDE 007095 8/06/93 2,500.00 19853 SERVICES-PARKS HERSHBERGER MOTORS 007150 8/06/93 8~. 98 19854 SUPPLIES-UATER INOUSTRIAL SUPPLY CO 008090 8/06/93 79.50 19855 SUPPLIES-POLICE INDUSTRIAL ~/ELDING SUPPLY 008100 8/06/93 53.90 19856 SERVICES-ENGINEERING JOB SHOPPERS ]NC 009119 8/06/9] 480.00 19857 SERVICES-NON DEPT PHILIP KIENAST 010087 8/06/93 876.00 19858 SERVICES-COURT MSI GRbUP INC 012015 8/06/93 125.00 19859 SERVICES-Id~TP NAPLE RIDGE JANITORIAL 012073 8/06/93 380.00 19860 SUPPLIES-VARIOUS METROFUELING INC 012448 8/06/93 68~.82 19861 SERVICES-911 MONITOR CO-OP TELEPHONE 012550 8/06/93 170.00 19862 SERV]CES-COOE ENFORCE NUFFLERS, HITCHES & HORE 012655 8/06/93 99.95 19863 REGISTRATION-POLICE NATIONAL LA~/ ENFORCE INS? 013077 8/06/93 140.00 1986/, SERVICES-VARIOUS NORTHUEST NATURAL CAS 01]]50 8/06/93 1,838.00 19865 SUPPLIES-POLICE ORE SECRETARY OF STATE 01/,/,80 8/06/93 10.00 47,511.70 8/31/93 A/P CHECK LISTING FOR THE MONTH OF AUGUST 1993 Page 2 Check N~nber Budgetary A¢¢~t N~m~ber Vendor Nam Vendor Nu~ber Check - Date Written A~t of Check 19866 SUPPLI ES-gATER PACIFIC PRINTERS 015058 8/06/93 295.20 19867 SERV]CE$-VARIOUS PORTLAND GENERAL ELECTRIC 015620 8/06/93 13,861.67 19868 MEMBERSHIP-FINANCE PRIMA OREGON CHAPTER 015538 8/06/93 50.00 19869 SERVICES-911 PTI COI~UN I CAT IORS 015580 8/06/93 120.00 19870 SERVICES-911 ST PAUL COOPERATIVE TELEPHONE 018035 8/06/93 177.60 19871 SUPPLIES-POLICE SILVERFLEET SYSTEMS 018/,65 8/06/93 1,292.97 19872 SERVICES-LIBRARY SOUND ELEVATOR CO 018610 8/06/93 158.36 19873 SERVICES-VARIOUS TELECONN SYSTEMS Igc 0190~3 8/06/93 167.72 1987& SUPPLIES-C GARAGE UNOCAL:ERNIE GRAHAM OIL 020010 8/06/93 437.57 19875 SERVICES-VARIOUS UNITED DISPOSAL SERVICE 020020 8/06/93 1,005.50 19876 SERVICES-VARIOUS U.S. gEST COle~UNICATIONS 020095 8/06/93 1,?..86.75 19877 SUPPLIES-ggTP VALLEY gELDING SUPPLY 021050 8/06/93 9.00 19878 SUPPLIES-VARIOUS gAL-MART STORES INC 022035 8/06/93 172.42 19879 SERVICES-LIBRARY MOODBURN FIRE DISTRICT 022595 8/06/93 6~1.00 19880 SERVICES-PUBLIC gORKS gOODBURN INDEPENDENT 022630 8/06/93 115.50 19881 SUPPLIES-CODE ENFORCE gOODBURN OFFICE SUPPLY 022670 8/06/93 36.77 19882 SUPPLIES-911 YES GRAPHICS 02/*025 8/06/93 65.00 1988~ SERVICES-POLICE LT OON EUBANK 00~280 8/11/93 1,500.00 1988~ INSURANCE-NON DEPT DURHAM & RATES %NC 003338 8/12/93 18,989.00 19885 SERVICES-UATER U.S. POST OFFICE 020090 8/12/93 1~6.60 19886 VOI 0 VOI 0 VOI 0 19887 VO I D VO I D VO ! D 19888 VO Z D VOI O VO Z D 19889 SERVICES-POLICE PROFESSIONAL DETAIL SERVICE NONE 8/13/93 125.00 19890 SUPPLIES-POLICE ANDERSON PUBLISHING CO NONE 8/13/93 18.95 19891 REGISTRATION-911 WILLAMETTE VALLEY COMM CENTER NONE 8/13/9~ 50.00 19892 SUPPL[ES-ENGINEERING DEPT OF INTERIOR U.S.G.S NONE 8/13/93 8.25 19893 REFUND-gATER/SEgER RAY gOOD NONE 8/13/93 21.65 1989/, REFUND-BUSINESS LICENSE VICENTE & CHRISTINE ESPINOZA NONE 8/1:]/93 '~5.00 19895 REFUND-ktATER/SEgER - TIMBER MTN FOR IND INC NONE 8/13/93 /.0.10 19896 SERVICES-PARKS BIG PAULSON NONE 8/13/93 100.00 19897 SUPPLIES-LIBRARY ALL AMERICAN LIB PREVIEI/ 0001/.8 8/1:]/93 2/.1./.0 19898 SUPPLIES-LIBRARY AMERICAN BUS]NESS OIRECTORIES 000199 8/13/9:] 162.00 19899 SERVICES-VARIOUS AT&T INFORMATION SYSTEMS 000620 8/13/93 /.70.00 19900 SERVICES-VARIOUS AT & T 000623 8/13/93 12/,.14 19901 SUPPLIES-LIBRARY AT&T TECHNOLOGIES INC 000657 8/13/93 31.35 19902 SUPPLIES-LIBRARY BETTER HOMES & GARDENS 001250 8/13/93 17.90 19903 SUPPLIES-BUl LO%NG BI-MART CORPORATION 001275 8/13/93 19.70 1990/* SERVICES-IiA/TP BOR~S BACKHOE SERVICE 001325 8/13/93 55.00 19905 SUPPLIES-VARIOUS BOISE CASCAOE 0013/.0 8/13/93 563.13 19906 SUPPLIES-LIBRARY CHEMEKETA COMMUNITY COLLEGE 002/.10 8/13/93 396.06 19907 SUPPLIES-CITY ATTY CLARK BOAROMAN CALLAGHAN 0025/*3 8/13/93 1/.3.78 19908 SUPPLIES-LIBRARY CONSUMER PUBLISHING INC 002775 8/13/93 30.00 19909 SERVICES-C STORES COPY OFFICE PRODUCTS INC 002875 8/1:]/93 178.75 19910 SERVICES-I,qdTP OAILY JOURNAL OF COI4NERCE 003020 8/13/93 69.6~ 19911 REIMBURSEMENT-I~ITP MARIVN L. OANIELS 003035 8/1:]/93 100.80 91,0/.2.92 8/31193 A/P CHECK LISTING FO~ THE HOHTH OF AUGUST 1993 Page 3 Check N~nber Budgetary Account N~ber Vendor N~me Vendor Nd~ber Check - Date Written Amount of Check 19912 SUPPLIES-LIBRARY DCLAREN NARKETING 003100 8/13/93 39.90 19913 SERVICES-ENGINEERING DE HAAS & ASSOCIATES INC 003108 8/13/93 700.00 19914 SERVICES-POLICE DIP-N-DONUTS 003224 8/13/93 64.50 19915 SUPPLIES-LIBRARY EDUCATORS PROGRESS SERVICE [NC 00~083 8/13/93 49.90 19916 SERVICES-PARKS ENGELNAN ELECTRIC 00~190 8/13/93 943.75 19917 REINBURSE#ENT-POL[CE NITA ESTRADA 00~276 8/13/93 19,24 19918 SERVICES-COURT EUGENE HILTON 00/,355 8/13/93 71.17 19919 SERVICES-FINANCE FEDERAL EXPRESS CORP 005080 8/13/93 15.50 19920 SE~JER BOND COUPON FIRST INTERSTATE BANK 005138 8/13/93 135.00 19921 SUPPLIES-LIBRARY GALE RESEARCH CO 006015 8/13/93 19922 SERVICES-LIBRARY GENERAL ELECTRIC CAPITAL 006079 8/13/93 136.00 19923 SUPPLIE$-~TP NZONLY 007010 8/13/93 28.50 19924 SUPPLIE$-M~rP NIGH-PURITY CHENICAL INC 007189 8/13/93 17.00 19925 SERVICES-911 I S # CORPORATION 008010 8/13/93 465.00 19926 SUPPLIES-LIBRARY IDEALS PUBLISHING CORP 008013 8/13/93 22.94 19927 SUPPLIES-LIBRARY INGRAH D]ST GROUP 008116 8/13/93 18~.36 19928 SERVICES-ENGINEERING JOR SHOPPERS INC 009119 8/13/93 38~.00 19929 SUPPLIES-LIBRARY JEAN KARR & CO 010030 8/13/93 33.50 19930 SERVICES-PUBLIC I~ORKS KIZER EXCAVATING CO 010056 8/13/93 43,635.50 19931 SUPPLIES-LIBRARY LEISURE ARTS 011203 8/13/93 17.~0 19932 PERNITS-BUILD]NG NARIOR COUNTY BLDG INSPEC 012090 8/13/93 1,&08.09 19933 SUPPLIES-PARKS RATIONAL CHENSEARC# 013030 8/13/93 1,132.98 19934 SERVICES-STREET ONE CALL CONCEPTS ]NC 014054 8/13/93 19935 SERVICES-POLICE OR DEPT OF NOTOR VEHICLE 014240 8/13/93 6.75 19936 #E#BERSHIP-COURT OR NUNICIPAL JUDGE'S ASSOC 014370 8/13/93 80.00 19937 SUPPLIES-LIBRARY OREGON STATE UNIVERSITY 014550 8/13/93 107.77 19938 SUPPLIES-LIBRARY OXl4OORE HOUSE 014665 8/13/93 73.21 19939 SERVICES-PARKS PAC-I~EST DIST. 015001 8/13/93 831.14 19940 SERVICES-PUBLIC I~ORKS PACIFIC PRINTERS 015058 8/13/93 6.75 19941 SERVICES-VARIOUS PORTLAND GENERAL ELECTRIC 015420 8/13/93 9,910.38 19942 SERVICES-ENGINEERING QUALITY GOVERNNENT SERV ASSOC 016065 8/13/93 2,054.00 19943 SUPPLIESoM~TP QUEEN PUI4P CO 016068 8/13/93 2,100.00 199/~ SERVICES-VARIOUS RAWLINSON~S LAUNDRY 017055 8/13/93 20.10 19945 SUPPLIES-LIBRARY REGENT BOOK CO 0171~8 8/13/93 21.36 19946 SUPPLIES-~TP RHONE-POULENC BASIC CHE# 017194 8/13/93 1,813.16 19947 SUPPLIES-WATER RICE SAFETY EQUIPNENT 017200 8/13/93 31.90 19948 SERVICES-POLICE ROY'S BIKE SHOP 017353 8/13/93 19949 SERVICES-tA/TP RSS ARCHITECTURE, P.C. 018189 8/13/93 2,207.47 19950 SUPPLIES'CITY ATTY SHEPARDS HCGRA~ HILL 018/.30 8/13/93 91.30 19951 SUPPLIES-COOE ENFORCE S[LVERFLEET SYSTE#S 018465 8/13/93 65.83 19952 SUPPLIES-LIBRARY SOUTHEASTERN BOOK CO 018627 8/13/93 532.11 19953 SUPPLIES'COOE ENFORCE S.T.S.S. 018721 8/13/93 90.75 19954 SERVICES-PARKS STATESHAN JOURNAL NEI4SPAPER 018760 8/13/93 430.80 19955 SUPPLIES-LIBRARY TI#E-LIFE BOOKS 019160 8/13/93 37.79 19956 SUPPLIES-C GARAGE UNOCAL:ERNIE GRAHAN OIL 020010 8/13/93 216.00 19957 SERVICES-VARIOUS U.S. klEST C(X4HUNCAT[ONS 020091 8/13/93 401.98 162,127.72 8/31/93 A/P CHECK LISTING FOR THE HONTH OF AUGUST 1993 Page Check Nc~ber Budgetary Account N~ber Vendor Name Vendor Nm~er Check - Date Written Amount of Check 19958 SUPPL I ES- L I BRARY USUE ST D I RECT 020092 8/13/93 75.75 19959 SERVICES-911 U S UEST COH~IJNICATIORS SERV 02009/, 8/13/93 6/*z,.O0 19960 SERVICES-VARIOUS U.S. NEST CCI~HIJNCATZONS 020095 8/13/93 3,/*0~./,2 19961 SERVICES-CODE ENFORCE WOODBURN CARCRAFT 022508 8/13/93 59.&0 19962 SERVICES-LIBRARY WOODBURN FLORIST 022600 8/13/93 20.50 19963 ASSES~ENT-STREET gOODBURN HUBBARD DRAINAGE 022620 8/13/93 275.00 1996~ SERVICES-CITY HALL gOOOBURN LOCK & SAFE 022657 8/13/93 /*0.00 19965 SUPPLIES-POLICE gOODBURN OFFICE SUPPLY 022670 8/13/93 31.50 19966 SUPPLIES-PARKS ZEE #EDICAL SERVICE 025070 8/13/93 36.95 19967 OFF STREET PARKING CGUPOH FIRST INTERSTATE BANK 0051/,0 8/13/93 91.50 19968 PETY CASH-VARIOUS CITY OF gOOOBURH 015255 8/19/93 183./.0 19969 SERVICES-VATER U.S. POST OFFICE 020090 8/20/93 167.06 19970 VO ! D VOI D VOI D 19~71 VO ID VOl D VOID 19972 VOI D VO ! D VOI D 19975 REFUND-BUILDING NUEVO AJ~ECER PARTNERSHIP gORE 8/20/93 1,082.61 1997/* REFUND-PARKS VERH THOHPSC)H HO/~E 8/20/93 10.00 19975 SERVICES-PUBLIC goRKS ADAMS CONSULTING 00006~ 8/20/93 1,2/,2.50 19976 SUPPLIES-ggTP AL'S FRUIT & SHRUB CENTER 000160 8/20/93 81.79 199i'7 EXPENSES-IA/TP LARRY D. ARENDT 00D/.97 8/20/93 /,5.00 19978 SUPPLIES-WATER AUTOIdATED OFFICE SYS 000563 8/20/93 1,05/~.20 19979 SERVICES-POLICE AT&T LA#GUAGE LINE SERVICES 000659 8/20/93 371.25 19980 REGZSTRATt~-WATER AggA N.g. OREGOH SECTION 000663 8/20/93 300.00 19981 SUPPLIES-VARIOUS BOISE CASCADE 0013~0 8/20/93 22?.37 19982 SUPPLIES-ENGINEERING OCE-BRUNZNG Z#C 001500 8/20/93 153.03 199U SUPPLIES-LIBRARY CASCADE COHPIJTER HAI#TEHANCE 002220 8/20/93 3~2.80 1998~ SERV ICES- EgG Z NEER Z NG CH2H- H Z L L 002/*78 8/20/93 259.80 19985 SERYICES-gl/TP CINTAS O02~B~ 8/20/93 19/,.~ 19986 EXPENSESoUUTP HARVZN L. DARZELS 003035 8/20/93 /*5.00 19987 SUPPLIES-LIBRARY DEHCO #EDIA 003110 8/20/93 /,53.58 19988 SUPPLZES-ggTP FORCE /* COtLDUTER 0052/*2 8/20/93 /*70.82 19989 SERVICES- PARICS/tA/TP G.T.E. HOSZLNET 006375 8/20/93 263.01 19990 SERVZCES-CZTY HALL C..I. HANSEl( CO Z#C 007055 8/20/93 26~.80 19991 SERVICES-VARIOUS HARRIS AND EIDE 007095 8/20/93 1,200.00 19992 SERVICES-ENGZNEERTNG dOB SHOPPERS IHC 009119 8/20/93 /.80.00 19993 SUPPLIES-PARKS LIND'S le~RKET 0112/.0 8/20/93 65.93 1999/* REGISTRATIO~-IA/TP LZNN-BENTOH COHH COLLEGE 011260 8/20/93 190.00 19995 SUPPLIES-WATER I~LAYDWELL & HARTZELL INC 012327 8/20/93 567.00 19996 SUPPLIES-WATER RICK HCCORHICKS BARI~)UST 012350 8/20/~ 95.00 19997 SERVICES-CITY HALL HERZDZAR PLUHBZ#G 012/.32 8/20/93 52.50 19998 GUPPL!ES-VARIGUS #ETROFUELZHG IHC 012/*/.8 8/20/93 503.69 19999 SUPPLIES-PARKS NATIO#AL CHE#SEARCH 013030 8/20/93 323.60 20000 SERVICES-CODE EHFORCE#ENT OR DEPT OF NOTOR VEHICLE 014240 8/20/93 38.00 20001 SERVICES-CODE EHFORCENENT LA~RENCE PARADIS 015115 8/20/93 105.00 20002 SERVICES-VARIOUS PORTLAND GENERAL ELECTRIC 015420 8/20/93 8,509.01 20003 TICKETS-PARKS PORTLAND TRAILBLAZERS 015/.55 8/20/63 2,788.80 188,997.93 8/31/93 Check Nudger 20004 20005 20006 20007 20008 20009 20010 20011 20012 20013 20014 20015 20016 20017 20018 20019 20020 20021 20022 20023 20024 20025 20026 20027 20028 20029 20030 20031 20032 20033 20034 20035 20036 20037 20038 20039 20040 20041 20042 20043 20044 20045 20046 20047 20048 20049 A/P CHECK LISTING FOR THE MONTH OF AUGUST 1993 Page 5 Budgetary Account N~ber Vendor Name Vendor Number Check - Date Written /~ount of Check SERVICES-COURT TERRY RAHIREZ 0171350 8/20/93 109.00 SERVICES-PARKS ROTO-ROOTER 017342 8/20/93 93.00 SERVICES-CITY ATTY N. ROBERT SHIELDS 018450 8/20/93 4,1)61.25 SUPPLIES-STREET SPEEDCMETER SERVICES & INSTRU 018(:,77 8/20/93 43.62 SUPPLIES-ENGINEERING SURVEYORS SUPPLY CO 018855 8/20/93 193.05 SUPPLIES-PARKS U.S. POST OFFICE 020090 8/20/93 116.00 SUPPLIES-WATER VIESKO REDI-NIX 021140 8/20/93 50.00 SUPPL I ES- L I BRARY VI S IONS 021203 8/20/93 535.74 SUPPLIES-CEWTP.~L STORES YES GRAPHICS 024025 8/20/93 PICKUP-M,/TP NILLYER'S MID CITY FORD 007228 8/24/93 7,422.00 CAR-WUTP NILES CHEVROLET 012490 8/03/93 7,840.00 SERVICES-WATER U.S. POST OFFICE 020090 8/27/93 163.82 SUPPLIES-POLICE SAFEWAY STORES 018025 8/26/93 19.95 SUPPLIES-POLICE SUBWAY SANDWICHES 018814 8/26/93 45.00 VOID VOID VOID VOID VOID VOID VOID VOID VOID REFUND-WATER SPECIALTY POLYMERS NONE 8/27/93 2,967.32 SlDE~ALK SUB-STREET EICHSTEAOT,ENGLE, & SCHMIDTMAH NONE 8/27/93 500.00 SUPPLIES-UWl'P AG I/EST SUPPLY 000096 8/27/93 2?4.02 SUPPLIES-INTP AIR-OIL PROOUCTS CORP 000112 8/27/93 128.80 SUPPLIES-PARKS AL~S FRUIT & SHRUB CENTER 000160 8/27/93 150.00 SERVICES-CITY HALL/POLICE ARATEX SERVICES INC 000535 8/27/93 77.10 SUPPLIES-PARKS AUTOMATED OFFICE SYS 000563 8/27/93 299.60 SERVICES-WATER BANO L CONCRETE 001031 8/27/93 2,796.97 RE I NBURSENENT- L I BRARY DANIEL BAUGH 00116~ 8/27/93 121.48 SUPPLIES-VARIOUS BI-MART CORPORATION 001275 8/27/93 179.67 SUPPLIES-PARKS BI7_NART 001286 8/27/93 94.95 SERVICES-CITY HALL BLUE RIBBON JANITORIAL 001305 8/27/93 459.00 SERVICES-PUBLIC UORKS BOB~S BACKHOE 001328 8/27/93 1,685.00 SUPPLIES-VARIOUS BOISE CASCAOE 001:~,0 8/27/93 59.45 SUPPLIES-LIBRARY BRODART IHt 001570 8/2?/93 48.23 SERVICES-POLICE CASE AUTONOTIVE 002190 8/27/93 1,758.09 SERVICES-ENGINEERING CH2M-HILL 002477 8/27/93 2,241.06 SERV I CE S- %~dTP C I NTAS 002484 8/27/93 203.84 SUPPLIES-POLICE COLUMBIA GORGE CENTER 002676 8/27/93 215.35 SUPPL I E S- VAR I OUS CC)NVEN I ENCEr-ARO 002815 8/2?/93 43.95 SUPPLIES-VARIOUS DAVISON AUTO PARTS 003080 8/27/93 666.76 SUPPLIES-POLICE DAVISON AUTO PARTS 003081 8/27/93 33.25 SUPPLIES-WATER ELECTRIC HOTOR & CONTROL 00~130 8/27/93 lg9.44 SUPPLIES-STREET FARM PLAN 005062 8/27/93 9.18 SUPPLIES-TRANSIT/DAR FORCE 4 COMPUTER 005242 8/27/93 259.89 SUPPLIES-COURT FORM SERVICE CORPORATION 005254 8/27/93 251.90 SUPPLIES-LIBRARY GAYLORD BROS, INC 006030 8/27/93 143.60 SUPPLIES-PARKS GRAND SLAM 00627'$ 8/27/93 154.95 SUPPLIES-VARIOUS G.W. HARDWARE CENTER 006405 8/27/93 76~.~ 226,583.97 //4 8/31/93 A/P CHECK LISTING FOR THE #ONTH OF AUGUST 1993 Page 6 Check Nc~ber Budgetary Account Number Vendor N~ Vendor Nurber Check - Date Written /avant of Check 20050 SUPPLIES-POLICE RARR[S UNIFORMS 007090 8/27/93 20051 REIHBURSEHENT-RSVP PATRICIA #ELLHAKE 007117 8127193 92.50 20052 SERVICES-PARKS HERSHBERGER NOTORS 007150 8/27193 43.00 20053 SUPPLIES-POLICE H[LL-DONNELLY DIRECTORIES 007220 8/27/9'5 355.93 20054 SUPPLIES-VARIOUS INDUSTRIAL WELDING SUPPLY 008100 8/27/9'5 261.17 20055 SUPPLIES-RSVP KNIGHT GRAPHICS 010107 8/27/9'5 93.75 20056 SUPPLIES-VARIOUS L & L BUILDING SUPPLIES 011010 8/27/93 243.26 20057 DUES-NON DEPT LEAGUE OF OREGOH CITIES 011110 8/27/93 6,071.65 20058 SUPPLIES-PARKS LINDS HARKET 011240 8/27/93 250.49 20059 SUPPLIES-PARKS RICK NCCORNICKS BARKDUST 012~50 8/27/9'5 780.00 20060 SERVICES-POLICE NILES CHEVROLET 012490 8/27/93 81.T5 20061 SUPPLIES-VARIOUS HR P~S AUTO PARTS 012510 8/27/93 92.01 20062 REGISTRATION-PARKS NATIONAL REC. & PARKS ASS(X: 013090 8/27193 255.00 20063 SUPPLIES-POLICE ORE SECRETARY OF STATE 01/~.80 8/27/93 2.00 20064 SUPPLIES-VARIOUS PACIFIC PR[#TERS 015058 8/27/93 166.25 20065 SUPPLIES-POLICE/Ut/TP PIONEER ELECTRONICS 015345 8/27/93 70.68 20066 SUPPLIES-POLICE R & R U#IFORNS 017003 8/27/93 485.05 20067 SERVICES-COURT TERRY RAHIREZ 017050 8/27/93 62.00 20068 SERVICES-VARIOUS RAULINSON'S LAUNDRY 017055 8/27/93 67.40 20069 SERVICES-COURT SHEREEN RICOY 017196 8/27/93 10~.00 20070 SUPPL%ES-tNTP RUGGED IgC 017'561 8/27/93 30.38 20071 SUPPLIES-WATER SALE# BLACKTOP & ASPHALT 018060 8/27/93 207.76 20072 SERVICES-PARKS SALEN POOL & SIJPPLY INC 018135 8/27/93 98.00 2007'5 SERVICES-PARKS SAUVAIN HOTOR CO 018210 8127/93 1,603.25 20074 SERVICES-PARKS/STREET LES SCHUAB TIRE CENTER 018300 8/27/93 792.97 20075 SUPPLIES-TRANSIT/DAR SILVERFLEET SYSTE#S 018~65 8/27/93 411.61 20076 SUPPLIES-POLICE SLATER COIeIUNICATIONS 018522 8/27/93 364.00 20077 SUPPLIES-CITY ATTY STATE COURT ADNIN%STRATOR 018745 8/27/93 74.00 20078 SERVICES-PARKS DAVID L TRAPP & ASSOC 019210 8/27/93 2,700.00 20079 SUPPL[ES-IdlJTP VXESKO REDI NIX 021140 8/27/93 419.02 20080 SUPPLIES-POLICE VIKING OFFICE PROOUCTS 021180 8/27/93 131.74 20081 SUPPLIES-POLICE/FINANCE WAL-HART STORES IHC 022035 8/27/93 255.66 20082 SERVICES-WATER WATER,FO00 & RESEARCH LAB 022062 8/27/93 540.00 2008~ SUPPLIES-PARKS WILLAHETTE CHAP RED CROSS 022328 8/27/93 18.25 20084 SUPPLIES-PARKS/t&/TP W(X)OBURH FERTILIZER 022590 8/27/93 ~1.15 20085 SERVICES-PUBLIC kK)RKS I~)(X)BURN INDEPENDENT 0226~0 8/27/93 63.00 20085 SUPPLIES-PARKS t/O(~OBURN LOCK & SAFE 022657 8/27/93 119.00 20087 SUPPLIES-PARKS UOCOBURN LUNBER 022(~0 8/27/93 319.0~ 20088 SUPPLIES-PARKS t~COBURN OFFICE SUPPLY 022670 8/27/93 39.40 20089 SERVICES-POLICE WOOOBURN PRARHACY 022680 8/27/93 3.38 20090 SUPPLIES-t&rI'P WOOOBURN RAOIATOR & GLASS 022700 8/27/93 59.65 20091 SUPPLIES-POLICE YES GRAPHICS 024025 8/27/93 195.00 20092 SERVICES-RSVP THOMAS EVANS 035220 8/27/93 6.48 20093 SERVICES-RSVP LEO LA RO~JE 035465 8/27/93 159.88 20094 SERVICES-OAR NARGARET BELL 045050 8/27/93 13.54 20095 SERVICES-DAR HATTIE CLARK 045100 8/27/93 85.20 245,757.81 8/31/93 A/P CHECK L[STING FOR THE NONTH OF AUGUST 1~93 Page ? Check N[~ber Budgetary Account Nar Vendor Name Vendor Number Check - Date Written Amount of Check 20096 SERVICES-DAR CORNELIUS DONNELLY 0~57.~0 8/2?/93 125.0~ 20097 SERVICES-DAR KATHY HUNT 0~5337 8/27/93 28,80 200~8 SERVICES-DAR HARILYN PARN)IS 0~5512 8/27/93 200~ SERVICES-DAR BETTY P~K ~5515 8/Z7/9~ 5~.17 20100 SERV]CES-DAR GERTR~E REES ~5~5 8/~/9~ 20101 SERVICES-DAR J~ES STR~P ~55~ 8/Z7/9~ 65.52 Z0102 SERV~CES-O~ BARBA~ STR~P ~5596 8/Z7/9~ ~010~ SERVICES-OAR HATTIE VANOECO~R[NG ~5670 8/27/9~ 17.76 201~ SERV[CES-O~ L~LL ~[KOFF ~5~5 8/27/~ 67.92 20105 76 OFF STREET C~P~S BANK OF ~ER[~ 001131 8/27/93 2~.00 20106 PETTY ~SH-VAR~S CITY OF ~RN 015255 8/27/9~ 139.~ 246,66~,.65 MEMO TO: FROM: RE: DATE: MAYOR AND CITY COUNCIL N. ROBERT SHIELDS, CITY ATTORNEY EXHAUSTION OF APPEAL RIGHTS IN STQNEHEDGE PROPERTIES, INC. v. CITY OF WOODBURN SEPTEMBER 7, 1993 As you are aware, the Marion County Circuit Court granted the City's motions to dismiss this lawsuit. Judgment was entered in the City's favor on August ,5, 1993. In order to appeal the matter, Stonehedge had 30 days after entry of judgment in which to file a notice of appeal. Since no notice of appeal was filed, it is now apparent that the matter is finally concluded. NRS/kv attorney\stone.mem MEMO TO: FROM: SUBJECT: DATE: Community Development Directo~.T¢..~ Bob Arzoian, Building Inspector,-t- Building Activity for AUGUST, 1993 September 1, 1993 New Residence Value Multi Family Residential Adds &Alts Industrial Commercial Value Signs, Fences, Driveways Mobile Homes AUGUST 1991 No. Dollar Amt 3 $ 88,000 0 10 43,100 0 0 0 0 7 7,388 4 141,000 AUGUST 1992 AUGUST 1993 No. Dollar Amt No. Dollar Amt 3 $ 277,575 1 $ 100,257 0 0 12 $2,443,000 23 164,627 17 156,525 0 0 1 4,500 7 105,900 1 2,106,556 7 11,735 6 3,350 5 139,000 2 95,000 TOTAL: 24 $ 469,O63 45 $ 85~787 40 $4,91~988 July 1-June 30 Fiscal Year-to-Date $1.236.097 Robert Arzoian Building Official RS:bw BLDACT08.93 FROM SUBJ. DATE MEMO Mayor and City Council Chris Childs, City Administrator ~ 1993 League of Oregon Cities Conference September 9, 1993 We have received preliminary registration information concerning the 1993 League of Oregon Cities Conference. This will be held November 6-8, 1993 in Eugene. Several Council members have attended LOC Conferences in the past and presumably found the sessions to be helpful and worthwhile. I plan to attend, and several department heads may attend all or portions of the conference. Attached for your review is a very preliminary conference program outline. Information regarding the specific content of the General Sessions and Concurrent Sessions should be forthcoming in the next couple of weeks. I ask that any of you who might be interested in attending all or part of the LOC Conference contact either myself or Kay Vestal, Executive Secretary, for details. Final commitment regarding attendance needs to be made known to us by Friday, October i to take advantage of lower pre-registration rates and particularly if a Council member desires to attend the entire conference, necessitating an overnight stay and lodging reservations. It is advantageous to us for accounting purposes to combine all registration arrangements, so please contact us rather than attempting to make these arrangements on your own. The Mayor & Council budget does include a limited amount of funding for activities of this nature. I hope you will consider attendance at this year's LOC Conference. Issues resulting from the 1993 Legislature will undoubtedly result in some interesting and informative conference sessions. Attendance may be particularly beneficial to newer Council members who may not have had the opportunity to previously attend one of these conferences. League of Oregon cities 1993 Annual Conference DRRFT PRO~RAM OUTLINE SATURDAY, November 6 8:00 a.m. - 3:00 p.m. 8:00 a.m. - 3:00 p.m. 3:15 p.m. - 5:00 p.m. 3:15 p.m. - 5:00 p.m. 5:00 p.m. - 6:00 p.m. O-ICMATraining OMA Roundtables oMA Business Meeting O-ICMA Business Meeting Reception SUNDAY, November 7 7:30 a.m. - 8:45 a.m. 9:00 a.m. - 11:30 a.m. 11:45 a.m. - 1:30 p.m. 1:45 p.m. - 3:15 p.m. 3:30 p.m. - 5:00 p.m. 5:30 p.m. - 6:30 p.m. Affiliate Breakfasts Resolutions Committee Lunch Concurrent Sessions General Session Nominating Committee MONDAY, November 8 7:30 a.m. - 9:45 a.m. 10:00 a.m. - 11:00 a.m. 11:15 a.m. - 12:45 p.m. 1:00 p.m. - 2:30 p.m. 3:00 p.m. - 4:00 p.m. 5:30 p.m. - 6:30 p.m. 6:30 p.m. - 9:00 p.m. LOC Breakfast/Business Meeting Keynote Lunch Concurrent Sessions General Session Reception Annual Banquet ( 8 - 13 - ~ 3 ) ~=~o~ou, MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator for Information Public Works Program Manager,,'~'~ ~ Total Coliform in City Water September 9, 1993 The City exceeded the MCL for total coliform bacteria for the month of August, 1993. The required initial public notices required by Oregon Administrative Rules have been made. The two positive samples were from two different locations, on Country Club Court and Country Club Road. Both positive samples were followed by three repeat samples that tested negative. The three repeat samples were taken from the city sampling point and one each from within five service connections upstream and downstream of the sampling point. The negative follow-up samples indicated no continuing coliform problem. The city is concerned with the occurrence of these periodic positive samples. Work is being done to try and determine potential contamination sources. Council will be informed of any findings that are made. No positive samples have ever contained any fecal or E. Coli bacteria. The water has remained safe to drink and no action has been required by city residents.