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Agenda - 01/13/1992 AGENDA WOODBURN CITY COUNCIL JANUARY 13, 1992 - 7:00 P.M. .. CALL TO ORDER AND FLAG SALUTE ROLL CALL MINUTES A. Council minutes of December 9, 1991. 3A B. Planning Commission minutes of December 12, 1991. 3B C. Library Board minutes of December 11, 1991. 3C APPOINTMENTS AND ANNOUNCEMENTS A. Appointments: 1. Nancy Bowman to Library Board term expiring in 4A.1 December 1995. 2. Maxine Henkes to Planning Commission term expiring December 1994. 4A.2 Reappointment: 1. Reappointment of Paul Johnson to Planning Commission, term in December, 1995. Announcements: 1. Certificate of Appreciation - Joan Flomer, Library Board. 2. Letter of Resignation: Harlan Scott from Planning Comm. COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn Comeback Campaign COMMUNICATION A. Written - Letter from Wal-Mart Stores, Inc. BUSINESS FROM THE PUBLIC (This allows public to introduce items for Council consideration not already scheduled on the agenda.) 4B.2 6A o PUBLIC HEARINGS A. Subdivision Ordinance Amendments. B. Vacation of storm drain and sanitary sewer easements. 9. TABLED BUSINESS Page 1 - Woodburn City Council Agenda - January 13, 1992 10. 11. 12. GENERAL BUSINESS A. Council Bill No. 1357 - Ordinance vacating storm drain & sewer easements. B. Council Bill No. 1358 - Ordinance amending sewage discharge ordinance. C. Council Bill No. 1359 - Ordinance relating to reapportionment of ward boundaries. D. Council Bill No. 1360 - Resolution authorizing agreement with State for widening of Hwy 99E. Council Bill No. 1361 - Resolution establishing system development charge policies. lOa lOB 10C 10D 10E Resolution authorizing agreement with U.S. West Communications' Council Bill No. 1362 - for enhanced 9-1-1 equipment. Council Bill No. 1363 - Resolution authorizing exchange of real property. Council Bill No. 1364 - Resolution authorizing a software support agreement. Bid award for utility tractor - Street Dept. Liquor license approval - Shop 'N Kart. H. I. J. APPROVAL OF CLAIMS A. A/P report for the month of November, 1991. PUBLIC COMMENT 10F 10G 10H 101 lOJ 11A 13. 14. 15. 16. 17. NEW BUSINESS SITE PLAN ACTION STAFF REPORTS A. Water testing program for lead and copper. B. Disposition in Emanuel H08pital v. City of W00dburn, C. Increase in DEQ permit fee for publicly owned treatment works (POTW) D. Building activity report for December 1991. E. Code Enforcement report for December 1991. MAYOR AND COUNCIL REPORTS ADJOURNMENT 1 5A 15B 15C 15D 15E Page 2 - Woodburn City Council Agenda, January 13, 1992. COUNCIL MEETING MINUTES December 9, 1991 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, DECEMBER 9, 1991. 0100 CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kyser presiding. 0112 ROLL CALL. Mayor Kyser Present Councilor Figley Present Councilor Galvin Present Councilor Hagenauer Present Councilor Jennings Present Councilor Sifuentez Present Councilor Steen Present 0119 0127 0145 Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police Chief Wright, Finance Director Gritta, Finance Clerk Deen, RSVP Director Harvey, RSVP Assistant Hellhake, Library Director Sprauer, Public Works Program Director Rohman, Police Lt. Eubank MINUTES. JENNINGS/FIGLEY .... approve the Council minutes of November 25, 1991; Accept the Planning Commission minutes of November 14, 1991 and the Library Board minutes of November 18, 1991. The motion passed unanimously. APPOINTMENTS AND ANNOUNCEMENTS. Mayor Kyser reminded Councilors that the December 23, 1991 Council meeting is canceled due to the Christmas holidays. Aisc the Cable TV Advisory Board meeting has been moved ahead to December 19, 1991, at 7:00 PM, and Budget Committee meeting has been scheduled for January 7, 1991, at 7:00 PM. Mayor Kyser recommended the following appointments: Mary Schultz and Flurry Stone to full terms on the Budget Committee wlth terms to expire in December, 1994. Alma Grijalva, Steve Thorson and Jose Lara to full terms on the Cable TV Advisory Board with terms to expire in December, 1994. Jennings/Sifuentez ...... Motion to approve appointments to the Budget Committee and Cable TV Advisory Board as recommended by Mayor Kyser. The motion passed unanimously. Page 1 - Council Meeting Minutes, December 9, 1991 COUNCIL MEETING MINUTES December 9, 1991 TAPE READING 0162 PRESENTATION - RSVP PROGRAM REVIEW. RSVP Director Harvey gave review of the history of RSVP and of the projects being carried on by RSVP volunteers, such as the Warm Hats Project, Christmas Stocking Project and the refurbishing of dolls for the Elks Club Christmas Project. She stated that in 1991, 536 volunteers have donated 92,000 hours to these projects. She also expressed the need to have a full time assistant rather than half time, as it is difficult to coordinate 535 volunteers with her assistant working only 4 hours per day. 0545 COMMITTEE REPORTS - WOODBURN CHAMBER OF COMMERCE. 0641 Mayor Kyser read notice from Chamber of Commerce extending an invitation to the Chamber's annual banquet, which will be held on Wednesday, December 11, 1991, at St Luke's Hall. The next Chamber meeting will be held at 12:00 noon on December 18, 1991, at the Elks Club. At that time the new Chamber President, Cleo Roberts will be introduced. GENERAL BUSINESS - A GARBAGE RATE FRANCHISE INCREASE. 0855 Estle Harlan, Harlan Business Consultants, Inc., representing United Disposal Service, Inc., gave a history of garbage rates, stating that the last over-all rate increase for operational costs other than disposal was in 1984. The last "pass- through" increase was October 1, 1989. United Disposal Service, Inc. is requesting a total increase of 17%, with 8.5% of increase to be for "pass-through" of increased cost of disposal - to be effective January 1, 1992. The remaining 8.5% will be to cover increased cost of operation. There will continue to be the 32 gallon cart pick-up at curbside, and containers available for pickup of recyclable paper and cardboard. New options available to customers will be a 20 gallon mini-can for those who generate less garbage, and beginning in July, 1992, the recycling of milk jugs and magazines. The Council was given a rate chart and summary of comparative rates. A staff report by City Administrator Childs stated that the cost of a "l-can" service will increase from $9.55 to $11.15 per month. The Franchise fee is to be increased from 2% to 3% with added revenue to the City of Woodburn of about $20,000. City Administrator Childs recommended that the Council pass Resolution (Council Bill 1353) granting the requested rate increase along with an Ordinance (Council Bill 1354) amending the Solid Waste Franchise fee from 2% to 3%. Page 2 - Council Meeting Minutes, December 9, 1991 COUNCIL MEETING MINUTES December 9, 1991 TAPE READING 0992 COUNCIL BILL NO. 1353 - A RESOLUTION GRANTING A GARBAGE 1052 COLLECTION RATE INCREASE. Council Bill 1353 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. Councilor Jennings questioned whether the wording 'flor pass-through" is proper. He suggested that the words 'flor pass-through" be deleted from the title. City Attorney Shields gave opinion that this would be appropriate to make the title of the bill more accurate. JENNINGS/SIFUENTEZ ......Motion to delete the words "for pass-through" from the title of Council Bill 1353. The motion passed unanimously. On roll call vote for final passage, Council Bill 1353 passed unanimously. Mayor Kyser declared the bill duly passed. COUNCIL BILL NO. 1354 - AN ORDINANCE AMENDING ORDINANCE 1651 1 O96 (THE SOLID WASTE MANAGEMENT ORDINANCE) TO INCREASE THE FRANCHISE FEE EFFECTIVE JANUARY 1, 1992. Council Bill 1354 was introduced by Councilor Hagenauer. Two readings of the bill were by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1354 passed unanimously. Mayor Kyser declared the bill duly passed. COUNCIL BILL NO. 1355 - A RESOLUTION ADJUSTING WATER AND SEWER 1116 1275 RATES FOR THE YEAR 1992. Council Bill 1355 was introduced by Councilor Hagenauer. title only since there were no objections from the Council. The bill was read by A staff report was given by Public Works Director Tiwari, who stated that the rate increase was necessary because of new regulations in the water area that will require the City to spend an additional $41,000 per year in water testing. Also the Department of Environmental Quality has requested that we hire one more person to work in the wastewater area. He stated that with this increase, he would not ask for another increase for two years. Councilor Jennings suggested that the vote be delayed one council meeting in order to get opinions from the community. Mayor Kyser stated that he felt this should be settled at the present time. Page 3 - Council Meeting Minutes, December 9, 1991 COUNCIL MEETING MINUTES December 9, 1991 TAPE READING 1360 1471 Councilor Figley requested and was given examples of the rate increase in dollar amounts. She asked whether or not Public Works Director Tiwari had stated that with this increase he would not ask for another for two years, and was assured that he had done so. Councilor Jennings wished to withdraw his objections to the voting, as he did not understand that water and sewer rates would not be increased for two years. On roll call vote for final passage, the bill passed unanimously. Mayor Kyser declared Council Bill 1355 duly passed. 1486 COUNCIL BILL NO. 1356 - A RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT WITH OREGON DEPARTMENT OF GENERAL SERVICES 1562 PURCHASING DIVISION. Council Bill 1356 was introduced by Councilor Hagenauer. The bill was read by title only since there was no objection from Council. Finance Clerk Deen explained the contract and its purpose. On roll call vote for final passage, the bill passed unanimously. Mayor Kyser declared Council Bill 1356 duly passed. BID RESULTS - LIBRARY BOOK PROTECTION SURVEILLANCE SYSTEM. 1875 Staff Report from Library Director Sprauer, who explained the need for the system to prevent heavy losses of Library property due to the inability to monitor those leaving the building. Bids were sent to four companies, with the result being one company not meeting specifications of bid, on giving partial bid only and one company asking to have their bid withdrawn. Library Director Sprauer recommended award of bid to KNOGO in the amount of $21,106.00. Councilor Jennings questioned if the system was similar to those found in stores, with one system at each door and if the label to trigger the alarm is removable by user. Library Director Sprauer explained and gave estimate of loss at $4,000 to $5,000 per year. It was discovered that memorandum concerning this was not included in the packet. Copies were to be obtained for Council members. JENNINGS/SIFUENTEZ ......Motion to suspend rules and come back to this item as last item on agenda. The motion passed unanimously. Page 4 - Council Meeting Minutes, December 9, 1991 COUNCIL MEETING MINUTES December 9, 1991 TAPE READING 1896 TEMPORARY LIQUOR LICENSE APPROVAL RECOMMENDATION - SHOP 'N 1908 KART. JENNINGS/SIFUENTEZ ......Motion to accept recommendation of Police Chief Wright to authorize a temporary 90-day Package Store Liquor License to SHOP 'N KART. The motion passed unanimously. WASTEWATER DISCHARGE LOAD LIMIT FOR NORTH MARION FRUIT 2O87 229O 2219 2294 2342 PROCESSING COMPANY. Staff Report by Public Works Director Tiwari, who gave background information on the sale of the plant to another processing company. He recommended that the company be limited to .16 peak flow and .08 average flow for 30 days. The company wishes it to be pointed out that they have not agreed nor disagreed with this proposal, although they have been given this recommendation in writing. They wish to leave their options open. Councilor Jennings questioned if the Public Works Director's recommendation would be based on the BOD levels, not volume. Public Works Director Tiwari assured him that was so. JENNINGS/SIFUENTEZ .... Motion to accept staff recommendation as in Paragraph 1 of memo from Public Works Director Tiwari, dated December 4, 1991. The motion passed unanimously. BID AWARD - LIBRARY BOOK PROTECTION SYSTEM. Councilor Jennings questioned whether there being only one bid on the recommendation might violate some sort of Public Purchase ACt. City Attorney Shields addressed the issue and recommended the need to have the names of all persons who received invitations to bid, listed in the Library Director's memo. He felt that the Council could continue with the vote on the issue at the present time, but that for the public record, Library Director Sprauer should provide the names of all companies who received the invitation to bid. JENNINGS/FIGLEY ...... Motion to approve the bid from KNOGO for ,$21,106.00 with the provision that the Library Director provide to Finance Director and add to this memo the names of other firms who were invited to bid. The motion passed unanimously with emergency clause. Councilor Jennings expressed appreciation to Public Works Director Tiwari for his foresight to head off problems that could happen with construction around the Wastewater Treatment Plant. Councilor Sifuentez invited Council and Staff to attend a Posada celebration at her home on December 20, 1991, at 7:00 p.m. Page 5 - Council Meeting Minutes, December 9, 1991 COUNCIL MEETING MINUTES December 9, 1991 TAPE READING 2451 Councilor Steen asked about status of hole at site of Exxon station at Highways 99E and 214, as he has had several members of the community question this. Public Works Director Tiwari stated that the Department of Environmental Quality is still considering some problems there and they will have the final say in when it is to be covered over. 25OO Councilor Jennings stated that he had spoken with the Manager of the K-Mart store here and was told that the recent grand opening of the Woodburn K-Mart store was the largest in volume opening day that K-Mart has ever had in the State of Oregon. 255O Mayor Kyser announced that the SHOP 'N KART will have an open house on December 17th from 6-10 PM, with the doors to open for business at Midnight. 2555 ADJOURNMENT. The meeting adjourned at 8:17 p.m. APPROVED Fred W. Kyser, Mayor ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 6 - Council Meeting Minutes, December 9, 1991 MINUTES WOODBURN PLANNING COMMISSION DECEMBER '12, '199'1 1) 2) 3) 4) ROLL CALL: President Mr. Johnson Absent Vice President Mr. Vallieres Present Commissioner Mrs. Warzynski Present Commissioner Mr. Park Absent Commissioner Mr. Scott Absent Commissioner Mr. Rappleyea Present Commissioner Mr. Guerra Present Commissioner Mr. Bauer Present Staff: Steve Goeckritz, Community Development Director Barbara Sochacka, City Planner MINUTES: The Woodburn Planning Commission minutes of November 14, 1991 were approved as written. The Woodburn City Council minutes of November 25, 1991 were accepted as presented. BUSINESS FROM THE AUDIENCE: None REPORTS: Site Plan Approval #91-16, Mini-Storage, Progress Way , Nomarco Construction Staff briefly explained the request of the applicant. Staff stated that a 10 foot setback was needed along with the conditions listed in the staff report. 5) PUBLIC HEARING: PGM12-14.SC-/BW 1 a. SUBDIVISION ORDINANCE AND STANDARDS zoa #91-08 6) Staff stated that the main objective of the proposed amendments to the Subdivision Ordinance is to comply with the recent changes in ORS 92 pertaining to partitioning and subdividing real property in Oregon. She stated that the new changes would be to 1) Eliminate the distinction between a major partition and a minor partition 2) Add the definitions of partition land, property lien adjustment and replat 3) Add new procedures for property lot line adjustments and replats. Vice President Vallieres asked if on page 14, Section 14 Variances to the Regulations, if all three items listed are needed or if only one condition is needed. Staff answered that all three criteria were necessary for a variance. Commissioner Warzynski stated that it was her understanding that major and minor have been deleted and the words partitioned land, property line adjustment and replat are being used. She said that it made it more. confusing. Her understanding was that a major partition took care of the streets and the roads. She asked if the other words being used would take care of the streets and roads. Staff agreed with Commission Warzynski that the new state law makes it more confusing. Partitions would be treated the same as if they were listed as major or minor. Vice President Vallieres asked if there was any comments from the audience. There were none. He closed the hearing. Commissioner Bauer made the motion to adopt and accept the staff report on ZOA #91-08 as presented. Commissioner Warzynski seconded the motion. A vote was taken and ZOA #91-08 passed unanimously. REPORTS: CONTINUED Functional Uses of Plants in Landscape Design, Lighting Techniques, Police Lt. Paul Null PCM12-14.SG/BW 2 Lt. Null talked about the use of lights in reducing vandalism, crime and traffic accidents. In reducing vandalism it was found that no lights reduced vandalism. In high crime area good lighting is necessary. He talked about the six types of lights from the best to the least effective. He talked about the positions of lighting, stating that it is best to shine lights on buildings not away from the building. There was some discussion on lighting. Commissioner Guerra asked Lt. Null if Woodburn was a well lit city. Lt. Null answered that it was a personal opinion, but some streets are not lit very well. Staff went over the functional uses of plants in a landscape design. 1) Plants as Physical Barriers, 2) Plants as Noise Control, 3) Using Plants in Solar Radiation and Temperature Control. Staff stated that plants as physical barriers when they are six or more feet have the greatest amount of physical control for both humans and animals. Staff stated that plants can help reduce outdoor noise and also psychologically separate the source of sound from the viewer. Staff went over the buffering and noise control recommended policies and guidelines in the staff report. Staff stated that plants reflect most of the incoming radiation. This coupled with the cooling effect caused by the transpiration of leaves, makes a significant difference in the air temperature. Commissioner Bauer stated that he would like to comment on the effort that staff was making because the city could be beautified by this effort. There was considerable discussion regarding trees around the city and the policies and standards that affect them. ADJOURNMENT: There being no further business the Planning Commission meeting adjourned. PGM12-14.SG-/BW 3 MINUTES MONTHLY MEETING OF WOOOBURN PUBLIC LIBRARY BOARD BATE: December 11, lggl ROLL CALL: Phyllis Bauer - Present Joan Flomer - Present 91otis Predeek - Present Jean Weatherill- Present Jan Zyryano?F - Present STAFF PRESENT= Linde Sprauer, Director Judy Coreson, Recording Secretary GUESTS: Chris Childs, City Administrator CALL TO ORDER: President order at Woodburn. Phyllis Bauer called the meeting to 12:S0 PM at Izzy's Restaurant in SECRETARY'S REPORT: The monthly Board minutes o~ November 18, Iggl were approved as submitted. DIRECTOR'S REPORT: Monthly Statistics: The monthly statistics were sel~-explenatory. Circulation statistics continue to show an increase. Activities: A list o* activities wes distributed to the Board. The library will be open 9 AM - 12 Noon, Christmas Eve, December 24th and will be closed Christmas Day, December 2Sth. "The Chronicles oF Narnia", Wonderworks Family Videos, will be shown *rom 2 - 4 PM December 30 through January 4. Ail a~es welcome, but those under years must be accompanied by e oaregiver 18 years o~ age or older. Refreshments will be served each day at intermission. Book Detection System: The City Council accepted the bid ~rom the Knogo Company ~or the book detection system. Arrangements ~or the installation o~ the system will be made. Book Drop: The Street Department poured the cement slab ~or the new larger book drop. The smaller book drop was placed by the east entrance. The other old book drop will be used inside to collect donations For the Friends oF the Library. // OLD BUSINESS: Perking Lot: When persuing the building o? a library parking lot, President Phyllis Bauer proposed sharing the cost with the City because the parking lot would probably be used by City Hall as well as library patrons. Linda will investigate the possibility. Board Member Moving: Board members must be registered voters living within the urban growth boundary. Therefore, Jan will need to resign in June when she is moving out o~ the city limits. NEW BUSINESS: New Board Member Nominations: From the two applications received, the Board's recommendation to the Mayor will be the appointment o~ Nancy Bowman to serve the 4-year term, January 1992 - December lggs, on the Library 8card. Nancy will replace Joan Flomer who served two 4-year terms. Ltnda notified the Board o~ an opening on the Woodburn School District Budget Committee. A Certi~ioate o~ Appreciation to Marguerite Fahlstrom ~or her donation o~ $200 ~or the purchase o~ children's materials was signed by President Phyllis Bauer. Ltnda presented Joan Flomer with a plaque in recognition o~ her service o~ two 4-year terms, ~rom Jan. lgB4 - December 1991, on the Library Board. BUSINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: None ADJOURNMENT: The meeting was adjourned at 1:4S PM. Re.~pect~ul ly Submitted, Judy Coreson Recording Secretary Library Board Minutes - 12/11/91 2 MEMO TO: CITY COUNCIL FROM: FRED W. KYSER, MAYOR SUB J: LIBRARY BOARD APPOINTMENT DATE: JANUARY 9, 1992 I would like to appoint Nancy Bowman, 111 N. Settlemier Ave, to the Woodburn Library Board, term expiring in December 1995. During the last eighteen years Mrs. Bowman has been active in the community, serving on various committees. She served on the Library Board from 197§ to 1978 and is looking forward to serving on the board again. FWK/kv MEMO TO: CITY COUNCIL FROM: FRED W. KYSER, MAYOR SUB J: PLANNING COMMISSION APPOINTMENT DATE: JANUARY 9, 1992 I am appointing Maxine Henkes, 955 Johnson Street, to the Woodburn Planning Commission, position 8, expiring in December 1994. Mrs. Henkes has lived in the Woodburn area for more than 40 years and is retired from General Foods. She is very active in several community activities and I believe she would be an asset to the Planning Commission. FWK/kv January 4, 1992 Honorable Fred W. Kyser, Mayor City Hall, City of Woodburn 270 Montgomery Woodburn, OreGon 97971 Dear Fred, Because of a blockage in the eustachian tube to my right ear for which the doctors can do nothing my hearing has deteriorated to the point I cannot understand what is being said unless the speaker is very close to me. It is necessary, therefore, for me to resign from the Woodburn Planning Commission. I have enjoyed working on the Planning Commission and hope that in some small way I have made a worthwhile contribution to it. I regret having to send you this letter but in fairness to those who appear before the Planning Commission I have no choice. Sincerely yours Harlan G. Scott Harlan G. Scott 1135 Willow Ave. Woodburn, OR 97071 Copy to: Paul Johnson 133032 Maple Leaf Court Aurora, OR 97002 WAL-MART STORES, INC. CORPORATE OFFICES 702 S. W. 8th Street BentonviHe, AR 72716 Public Relations (501) 273-4314 December 20, 1991 Mayor Fred W. Kyser 1228 Randolph Rd. Woodburn, OR 97071 Dear Mayor Kyser: On behalf of our Company, I wish to express how excited _and proud we. are t?,an, nounce the location a Wal Mart store in your community. Wal-Mart has a reputa~on o.r oe, mg.a corporate citizen. This is demonstrated through numerous programs that gave oacl~ to me communities which we serve. Enclosed is a ,copy of the press packet that was mailed to the media in your area. I have also enclosed a booklet entitled Wal-Mart Coramuni~ Response Survey. This booklet consists of letters solicited by Wal-Mart from chamber of Commerce offices where our stores are in operation. You may also find of interest recent articles from newspapers across the country. These articles typify Wal-Mart's involvement in a community. On occasion, the announcement of a Wal-Mart store will .arouse interest and c~ut~,'_osi~ communities not familiar with our company. If anyone has questaons regarding Wal-Mart s amvat, please contact me regarding information and/or available presentations. Wal-Mart looks forward to becoming a part of the community and working with existing businesses to serve the needs of all Woodburn area residents. Sincerely, Jane F. Arend Director of Public Relations Enclosures WAL-MART STORES, INC. CORPORATE OFFICES. 702 S. W. 8th Street Bentonville, AR 72716 Public Relations (S01) 273-4314 December 20, 1991 FOR IMMEDIATE REI.FASE CONTACT: JANE AREND OR KRISTIN STEHBEN WAL-MART ANNOUNCES ENTRANCE INTO WOODBURN, OREGON Store W'dl Support Community Programs Approximately 185 Jobs Created For Area Residents BENTONVILLE, AR - Wal-Mart Stores, Inc. today announced plans to open a new Wal-Mart store in Woodburn, Oregon. As a result, approximately 185 jobs will be created for area residents. Wal-Mart is a national discount retail chain which currently operates 1,683 stores in 41 states. Tlie 102,329 square-foot store will be located at 1-5 and Highway 214. Construction is scheduled to begin immediately and the new store is expected to open in late 1992. "We are proud to be a part of the Woodburn area," said David Glass, Wal-Mart president and chief executive officer. "We are truly pleased to be able to provide our quality merchandise and our everyday low prices to all of the people of Woodburn," Glass emphasized. The Woodburn store will reflect the values that have guided the company since 1962. store has been designed as a one-stop family shopping center featuring: *Quality merchandise at Everyday Low Prices *Exceptional customer service *Commitment to community involvement *Partnership with associates (Wal-Mart employees) The new In addition, the Woodburn store will include a garden center, pharmacy and snack bar for customers' shopping convenience. WAL-MART TO OPEN NEW STORE IN WOODBURN, OREGON PAGE 2 -° SUPPORT OF THE COMMUNITY Wal-Mart has earned the reputation of meeting more than just the merchandising needs of the communities it services. Wal Mart traditionally demonstrates its involvement and commitment to the community through fund raising for local charitable causes, sponsorship of youth scholarships and other community projects. Wal-Mart associates enthusiastically support these programs as they raise funds for United Way agencies, Children's Hospitals and numerous loc,al charitable projects and events. Each of these funds are eligible for a dollar-for-dollar match from the Wal-Mart Foundation. Wal-Mart Stores, Inc., headquartered in Bentonville, Arkansas, also operates 204 SAM'S Clubs, four Wal-Mart's HYPERMART*USA units and 20 major Distribution Centers across the country. The company reported sales of $32.6 billion and net income of $1.29 billion for the fiscal year ended January 31, 199i. Wal-Mart stock trades on the New York and Pacific exchanges. -30- Editor's Notes: - This is the first news release in a three-part series on the Wal-Mart store opening soon in Woodburn. - A"Coming Soon'' sign announcing Wal-Mart's arrival will be placed on the building site, offering photo possibilities. Construction costs are not available. Print media, enclosed for your convenience and future reference: *Copy of the Wal-Mart logo and line drawing of store *Wal-Mart company fact sheets (history and description) *Wal-Mart annual report - Additional printed material on Wal-Mart available for radio and television media upon request. MEMO TO: FROM: SUBJECT: DATE: City Council through Acting City Administrator Randy Scott, C. E. Tech III, through Public Works Directo~~'~' Kmart - Public Utility Easement Vacation 20 foot wide storm drain 17 foot wide sanitary sewer January 9,1992 RECOMMENDATION: That the Woodburn City Council proceed with the easement vacation by approving the attached ordinance. BACKGROUND: Findings of fact: 1. Location: The easements are located north of OSH 214 and east of Progress Way (see attached map). Current use of easement: Both the sanitary and storm drain easements were intended for public utilities with the construction of the Kmart development. The proposed sanitary sewer was not accepted by the city; the storm drain was relocated within the public right-of-way. No public utility or franchised utility exists within the easements. o Applicable statutes: a. ORS 271.130 provides for a governing body to vacate a right-of-way on its own motion. The Woodburn Common Council made such a motion on November 25, 1991. The governing body may not vacate the easement if the owners of the majority of the affected area, as computed in ORS 271.080, object in writing. As of this date, no property owner has objected. c. Notice of the public hearing has been given as provided in ORS 271.110. If a non-consenting abutting property owner's property would be substantially affected, provisions must be made for paying damages before vacation can be granted. As of this date, there is no non-consenting property owner. e. The vacation meets all other state and local guidelines concerning easement (right-of- way) vacation. KHRTVAC. EAS MEMO Page 2 Kmart-Public Utility Easement Vacation CONCLUSIONS: 1. There is no public necessity for either easement, for present or future needs. 2. There would be no substantial impact on the market value of any abutting property. 3. There has not been an objection filed by the owners of a majority of the affected area. Attachment: Easement location KHRTVAC.EAS PARTITION PLAT NO._?l-38 A PORTION OF LOT~ 3,4,5 B I, BLOCK I, WALILALE HOME TRACTS ANO AOJACENT LAND · N. 1/1 ~ECTION $, T5 $, R IW, RM., CITY OF WOOOBURN, MARION COUNTY, OREGON APPt. ICANT, DOMAN/MORSAN DRIVE AWAY, INC. OWNER~, DOMAN, ET AL. & MORGAN ORWE AWAY, INC. TAX ACCOUNT NOS. g~40-040, g~840-010, 4~'5~6-000, 42522 ZONE' I.P. TAX &~t ~ TAX ACCOUNT N~. 4~SN~eQ4 ~.. 4 4~ ~z~' "'".-", PARCEL- I $.Bl$I &CNE$ OF LANO 9~'140 '04E P,rZZA ACCT. I~. 4~)gzl-O00 Ille 0~*~0"! 4ST. S3' ~J~TIVE: Basis ~f beariflq is f, The purpose of this ~ts us~ f~ ~ ~s US~ IS re~r, 25687~ C.S. 27~0~ ~ Part ~ITI~ ~. 3~ Plat of ~. There is no c~c~tic .~ ACCT. NO 4Z$OIB*OOO RE:GlSl'EREO PROFESSIONAl. COUNCIL BILL NO. !_"~-~ 7 ORDINANCE NO. AN ORDINANCE VACATING AN EXISTING 20-FOOT WIDE STORM DRAIN EASEMENT AND A 17-FOOT WIDE SANITARY SEWER EASEMENT. WHEREAS, the Woodburn City Council held a public hearing on January 13, 1992, and WHEREAS, the Woodburn City Recorder has issued a certificate stating that all city liens and taxes have been paid on the easements to be vacated, and WHEREAS, the Woodburn City Council found that the public utility easements in their present locations serve no public interest, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The City of Woodburn hereby vacates the following described 20-foot wide storm drain easement: Beginning at a point near the Easterly right-of-way of Progress Way, said point being 172 feet, more or less North 1°51 '59" East from the intersection with the North line of Mt. Hood Avenue and 20 feet South 88°05'00" East; thence South 88°05'00" East 721.6 feet to a point 172 feet North 1°55'00" East from the North right-of-way of Mt. Hood Avenue; Thence south 1°55' West 157 feet, more or less to an existing easement (Reel 28, Page 1827) situated in lots 4 and 5, Walilale Home Tracts in the N 1/2 of Section 8, Township 5 South, Range I West Willamette Meridian, Marion County, Oregon. Section 2. The City of Woodburn hereby vacates the following described 17-foot wide sanitary sewer easement: Beginning at the intersection of the North line of the 32 feet wide utility easement and the West line of the 16 feet wide utility easement; Thence South 1°51'45" West 17 feet; Thence North 88005'00" West parallel to and South 17 feet from the North line of the easement across lots 3, 4, and 5 to a point 0.17 feet South 1°55'00" West from an angle in the North line of the 15 feet easement; Thence North 1°55'00" East 17 feet to the angle on the West end of the 32 feet wide easement; Thence South 88005' East 536.92 feet, more or less to the point of beginning, situated in lots 3, 4, and 5 Walilale Home Tracts in the N 1/2 of Section 8, Township 5 South, Range I West, Willamette Meridian, Marion County, Oregon. Section 3. The City Recorder is hereby directed to file the deeds with the county clerk and a certified copy of the ordinance with the county clerk and county assessor. Page 1 - COUNCIL BILL NO. ORDINANCE NO. Section 4. Emergencv Clause: This ordinance being necessary for the immediate preservation of the public peace, health, and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the City Council and approval by the Mayor. City Attorney Date APPROVED: Fred W. Kyser, 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 j Page 2 - COUNCIL BILL NO. ORDINANCE NO. MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Director ~ Sewerage Ph Limit Requirement Change January 7, 1992 RECOMMENDATIONS: It is recommended that the attached ordinance that modifies pH limits be approved. BACKGROUND: The current city ordinance requires industrial waste discharge pH (an indicator of acidity or alkalinity) be kept between 6.0 and 9.0. The state and federal rules allow this limit to be between 6.0 and 10.0. Since the food processing waste, in general, is more acidic with pH less than 7, it will be better to increase the upper limit to 10. This will allow some neutralization during the mixing process. In addition, it will be easier for the city and the industries to be in compliance because our ordinance will be closer to the federal guidelines. SE~ERAGE.PH COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE 1790 (THE SEWAGE DISCHARGE ORDINANCE) AND DECLARING AN EMERGENCY. WHEREAS, current federal regulations permit discharge of waste having a pH from 6.0 to 10.0, and WHEREAS, the applicable city ordinance should be amended to conform to these regulations, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Section 3(b)(6) is amended to read as follows: Any wastes, waste waters or substances having a pH less than 6.0 or more than 10.0, or having any other corrosive property capable of causing damage or hazard to piping, structures, equipment, or personnel of the sewerage systems. This includes, but is not limited to, battery or plating acids and waste, copper sulfate, chromium salts and compounds, or salt brine. Section 2. This ordinance being necessary for the immediate preservation of the public peace, health and safety, and emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. ~'"~'~ ~ Approved as to form: City Attorney Date APPROVED: FRED W. KYSER, MAYOR Page I - COUNCIL BILL NO. ORDINANCE NO. MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Community Development Department s~c, Amending the City's Ward Boundaries January 3, 1992 The Mid-Willamette Valley Council of Governments (COG) recently reviewed and revised the City of Woodburn's ward map boundaries. The purpose of the exercise was to insure that each ward contained, as closely as possible, its proportional share of population. Prior to this adjustment, there was a 20% + deviation in the population distribution among the six wards. With the boundary adjustment this deviation is down to 3.5%. The Council of Government staff also provided two ward map alternatives; however, the boundaries are not as compact and will require additional time to provide the population characteristics. /Ig BOUNt,/ARD. CC COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE RELATING TO REAPPORTIONMENT OF WARD BOUNDARIES, REPEALING ORDINANCE NO. 1834, AND DECLARING AN EMERGENCY. WHEREAS, the six ward boundaries as required under the City Charter were reapportioned after the 1990 census in accordance with the population in the City, and WHEREAS, formal adoption of the ward boundaries is required by City ordinance; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That the City of woodburn is hereby divided into six wards, which shall be designated as Wards I, II, III, IV, V, and VI. Section 2. That the boundaries of the six wards created by Section I above shall be as indicated on a map known as "Ward Map of 1992", a copy of which is attached hereto and, by this reference, incorporated herein. Section 3. That three copies of said ward map are on file in the office of the City Recorder, and said map of boundaries indicated thereon are hereby adopted until such time as they shall be amended or abolished by ordinance or charter. Section 4. That Ordinance No. 1834 is repealed. Section 5. That a copy of this ordinance and the attached Ward Map of 1992 be sent to the elections department of Marion County. Section 6. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. ~ // Approved as to form._~ .C'~ [ ~ City Attorney Date APPROVED: FRED W. KYSER, MAYOR Page I - COUNCIL BILL NO. ORDINANCE NO. CHAIRMAN: MAYOR SAM BRENTANO CITY OF SUBLIMrrY /Od_... MID WILLAMETTE VALLEY COUNCIL OF 60V[ItNMENT8 105 HIGH STREET S.E.. SALEM, OREGON 97301 Telephone (503) 588-6177 FAX (503) 588-6094 · DIRECI'OR: ALAN H. HERSHEY VICE CHAIBMAN: COMMISSIONER DENNIS GOECKS YAMH1LL COI. rNTY Steve Goeckritz Community Development Director City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 October 24, 1991 Dear Mr. Goeckritz: I have completed a review of the existing ward boundaries and have prepared a proposed Ward Plan for the City's consideration. ., The existing wards are way out of balance with deviations exceeding 20%and need to be redrawn. A computer program using 1990 Census data was used in preparing the proposed plan. The total population of the City of Woodburn is 13,409. Therefore, the population of each of the six wards should be as close to 2,233 as possible. The proposed plan ranges in deviation from -1.66% to 1.84% for a total deviation of 3.5%. Information regarding the racial and hispanic characteristics of the proposed wards are provided for your use. I was able to retain each of the incumbents in their current ward while achieving a close balance. While some of the existing ward boundaries are retained in selected locations, in most situations, it was necessary to move them. For your information, I have also enclosed sketches of two other concepts which I developed. While these achieved an acceptable balance, the resulting wards were not as compact as the proposed plan. If you have any questions or need any additional information, please call. Sincerely, Richard W. Schmid Chief Planner MEMBER GOVERNMENTS -- COUNTIES: Marion, Polk. Yamhill CITIES: Amity, Aumsville, Cadton, Dallas, Dayton, Dot, aid, Dundee, Falls City, Gervais, Hubbard, Idanha. Independence, Jefferson, Keizer, Lafayette, McMinnville, Monmouth, Mt. Angel, Newberg, Salem, Sheridan, Silverton, Sublimity, Turner, Willlamina, Woodbum. SPECIAL DISTRICTS: Chemeketa Community College, Salem/Keizer School District 24J, Jefferson School District 14~., Marion County Fire District #1. Marion Education Service District Yamhill Education Service District, salem Area Transit District, Soil & Water Conservation District of Yamhill County. ('~rn COUNCIL BILL NO. / ~) RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE STATE OF OREGON FOR THE WIDENING OF HIGHWAY 99E. WHEREAS, Pacific Highway East (Route 99E) is part of the Oregon state highway system; and WHEREAS, ORS Chapter 366 authorizes cooperative agreement between the state and a city for performance of improvement projects; and WHEREAS, it is in the interest of the city to widen, overlay, and improve Pacific Highway East (Highway 99E) from the north city limits to Lincoln Street, as detailed in the attached agreement; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The Mayor and City Recorder are authorized to sign an agreement with the State of Oregon, a copy of which is attached hereto, and by this reference, incorporated herein. Approved as to f orm.'~.~ City Attorney Date APPROVED: FRED W. KYSER, 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. December 17, 1991 Misc. Contracts & Agreements No. 10854 COOPERATIVE IMPROVEMENT AGREEMENT PRELIMINARY ENGINEERING AND CONSTRUCTION FINANCE THIS AGREEMENT is made and entered into by and between THE STATE OF OREGON, acting by and through its Dep~rtment of Transportation, Highway Division, hereinafter referred to as "State"; and THE CITY OF WOODBURN, a municipal corporation of the State of Oregon, acting by and through its City Officials, hereinafter referred to as "City". W I TNES SETH RECITALS 1. Pacific Highway East (OR Route 99E) is a part of the State highway system under the jurisdiction and control of the Oregon Transportation Commission. 2. By the authority granted in ORS 366.770, and 366.775, State may enter into cooperative agreements with the counties and cities for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. 3. For the purpose of providing acceptable traffic patterns on public highways, State and City plan and propose to widen and overlay Pacific Highway East from Woodburn's north city limits to Lincoln Street, hereinafter referred to as "project". The project will include shoulders for bike paths, curbs, sidewalks, a storm sewer system, and signal reconstruction at the intersections of Hardcastle Avenue, Lincoln Street and Hillsboro-Silverton Highway at Pacific Highway East. The location of the project is approximately as shown on the sketch map attached hereto, marked Exhibit A, and by this reference made a part hereof. The project will be financed with City funds and funds available to the State. City shall be responsible for the cost of all new sidewalks which will be constructed as a part of the project. Said sidewalks are currently estimated to cost $63,000. State shall be responsible for all other project costs, including replacement sidewalks. B1291005 KEY 00687 Ir T, Contract No. 10854 THE CITY OF WOODBURN 4.. State and City entered into agreement No. 5067, dated August 21, 1974, and agreement No. 7659. dated June 22, 1983 pertaining, at least in part, to traffic signal maintenance and installation at the intersections of Lincoln Street and Hardcastle Avenue at Pacific Highway East. State and City hereby agree that the construction, power and maintenance provisions in said previous agreements shall be superseded by this agreement. 5. By the authority granted in ORS 810.210, State is authorized to determine the character or type of traffic control signals to be used, and to place or erect them upon State highways at places where State deems necessary for the safe and expeditious control of traffic. No traffic control signals shall be erected or maintained upon any State highway by any authority other than State, except with its written approval. Traffic signal work on the project will conform to the current State standards and specifications. The traffic signal installation may be accomplished by the use of State forces, by contract or by any combination of these methods, as State shall elect. NOW, THEREFORE, the premises being in general as stated in the foregoing RECITALS, it is agreed by and between the parties hereto as follows: STATE OBLIGATIONS 1. State shall, as a project expense, conduct the necessary field surveys and traffic investigations; identify and obtain or issue the required permits; perform all preliminary engineering and design work required to produce plans, specifications and estimates; advertise for bid proposals; award all contracts and furnish all construction engineering, material testing., technical inspection and project manager services for administration of the contract. 2. State shall relocate, or cause to be relocated, all existing utility conduits, lines, poles, mains, pipes and other such facilities that are located on private property or within State jurisdiction where such relocation is necessary to conform such utilities or facilities to the plans for the project. B1291005 -2- Contract No. 10854 THE CITY OF WOODBURN 3.. State shall, as a project expense, lay out and paint the necessary lane lines and erect the required directional and traffic control signing for the project. 4. State shall, upon satisfactory signal turn-on, perform and fund all required signal maintenance, and retain complete jurisdiction and control of the timing established for operation of the traffic signals. 5. State shall, at its own expense, provide all power for the traffic signal at the intersection of Padific Highway East at Hillsboro/Silverton Highway and Woodburn/Estacada Highway. 6. State shall compile accurate cost accounting records. City .may request a statement of City costs to date at any time by submitting a written request. When the actual total cost of the City portion of the project has been computed, State shall furnish City with an itemized statement of said final costs. CITY OBLIGATIONS 1. City, by execution of this agreement, does hereby consent, under the terms of ORS 373.030(2), to any changes of grade in connection with or arising out of the construction of the project on a city street over which a state highway is routed. 2. City hereby grants State the right to enter into and occupy City street right-of-way for the performance of construction and necessary maintenance of the project, including traffic signal equipment and vehicle detector loops. 3. city shall, upon notification by State or pursuant to OAR Chapter 734, Divison 55, Section 045, relocate or reconstruct, or cause to be relocated or reconstructed, all privately or publicly-owned utility conduits, lines, poles, mains, pipes, and all other such facilities of every kind and nature, where such utilities or facilities are located within the right-of-way of any presently existing City street and State Highway where such relocation or reconstruction is necessary in order to conform the utilities or facilities to the plans for the project. City may request State to arrange for said relocation, acting on behalf of City. B1291005 -3- Contract No. 10854 THE CITY OF WOODBURN 4. City shall, upon receipt of a fully a]executed copy of this agreement, forward to State an advance deposit in the amount of $63,000.00, said amount being equal to 100 percent of the estimated total cost of the new sidewalks that will be built as a part of the project. Upon bid opening City shall be requested to make additional deposits if the lowest acceptable bid is greater than the original estimate. 5. Upon completion of the project and receipt from State of an itemized statement of the actual total cost of the City's portion of the project, City shall pay any amount which, when added to City's advance deposits, will equal 100 percent of the actual total cost of the new sidewalks. Any portion of said advance deposits which is in excess of the total actual cost will be refunded or released to City. 6. The newly constructed sidewalks shall be maintained according to City rules, regulations and ordinances. 7. City shall maintain the pavement surrounding the vehicle detector loops installed in City street in such a manner as to provide adequate protection for said detector loops, and shall adequately maintain the pavement markings and signing installed in accordance with the plans and specifications. 8. City shall, at their own expense, provide all electrical power for the traffic signal at the intersections of Pacific Highway East at Hardcasfle Avenue and Lincoln Street. 9. City shall authorize execution of this agreement during a regularly convened session of its City Council. GENERAL PROVISIONS 1. State and city agree and understand that a mutual review of the project plans and specifications will be conducted prior to advertisement for construction bid proposals. 2. Subject to the limitations of the Oregon Constitution and statutes; City and State each shall be solely responsible for any loss or injury caused to third parties arising from City's or B1291005 Contract No. 10854 THE CITY OF WOODBURN State's own acts or omissions under this agreement, and City or State shall defend, hold harmless and indemnify the other party to this agreement with respect to any claim, litigation or liability arising from City's or State's own acts or omissions under this agreement. 3. The Contractor, its subcontractors, if any, and all employers working under this Agreement are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage for all their subject workers. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. B1291005 -5- Contract No. 10854 THE CITY OF WOODBURN This project was approved by the Oregon Transportation Commission on July 17, 1990 as a part of the Six-Year Highway Improvement Program (page 33). The Oregon Transportation Commission, by a duly adopted delegation order, authorized the State Highway Engineer to sign this agreement for and on behalf of the Commission. Said authority has further been delegated to the Manager of the Program Section, pursuant to Subdelegation Order HWY-6, paragraph 10. APPROVAL RECOMMENDED By Region Engineer APPROVED AS TO LEGAL SUFFICIENCY By Asst. Attorney General Date APPROVED AS TO LEGAL SUFFICIENCY By City AttOrney THE CITY OF WOODBURN Billing Address: City of Woodburn Public Works Department 270 Montgomery Street Woodburn, OR 973 STATE OF OREGON, by and through its Department of Transportation, Highway Division By Program Section Manager Date THE CITY OF WOODBURN, by and.through its Elected Officials By Mayor By Recorder Date B1291005 · --6-- I I I I FWd WOODBURN AND VII~INITY EXHIBIT A j C MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Director Clarification of System Development Charge Related Policies January 8, 1992 RECOMMENDATION: Approve attached resolution that clarifies system development charge related policies. BACKGROUN D: Approximately two months ago, a system development charge ordinance was approved by the city council based on the methodology required by the state law. The approval of the attached resolution will clarify and formalize the system development charge policies and facilitate the permit process operation with less conflict. Most of the policies outlined in the resolution have been used by the staff informally in the past. S¥SDEV.POL COUNCIL BILL NO. j~.~ ~ ! RESOLUTION NO. A RESOLUTION ESTABLISHING SYSTEMS DEVELOPMENT CHARGE IMPLEMENT AND CLARIFY THE REOUIREMENTS OF ORDINANCE 2070. POLICIES TO WHEREAS, the city of Woodburn has passed Ordinance 2070 establishing system development charges based upon the study performed by Henderson, Young and Company; and WHEREAS, the study was necessary for the adoption of proper methodology required by state law; and WHEREAS, certain administrative policies are necessary to clarify and implement Ordinance 2070, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Circumstances in which the city shall refund a systems development charge are as follows: a. The connection to the facility was never made and the operational facility was never used. b. A partial fee return may be made if a calculation error is found within three months of the connection date. Section 2. Circumstances in which the city shall not refund a systems development charge are as follows: a. The connection to the facility was made and facility was operationally used even for a short duration of time. b. The load placed on the city system is reduced. c. The load on the city system is eliminated. Section 3. Notwithstanding Sections I and 2 of this resolution, any applications for a refund shall comply with the requirements contained in Section 4 of Ordinance 2070. Section 4. The city shall assess an additional systems development charge when the demand placed on the city system is more than the initial estimated amount for which the system development charges were paid. This does not apply to single family or other residential units unless additional rental units are created. Page I - COUNCIL BILL NO. RESOLUTION NO. SYSDEV 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 of additional charges, and not upon the fee structure that was in effect at the time initial building permit was issued. Section 5. Where a facility has been operationally abandoned, the city shall be entitled to collect the entire amount of systems development charge due pursuant to Ordinance 2070. For purposes of this section, there is a rebuttable presumption that a facility which is not in operation for a consecutive 18 months period is operationally abandoned. - The City Administrator, upon recommendation of the City Engineer shall make the determination as to whether an existing facility has been operationally abandoned. This determination shall be in writing and mailed to the last operator of the facility at the last known address. Appeal of the City Administrator's determination shall be in strict accordance with the procedures contained in Section 3(G) of Ordinance 2070. Section 6. Water and sewer systems development charges shall be collected at the time a building permit is issued. Upon approval by the City Engineer, where sufficient cause is shown, the charges shall be collected at the time of connection. . ~ ~ ~ ,~.~ Approved as to for City Attorney Date APPROVED: FRED W. KYSER, 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 2 - COUNCIL BILL NO. RESOLUTION NO. SYSDEV TO: FROM: DATE: SUBJECT: City Administrator and City Council Ed Rector, 9-1-1Director/~ January 3, 1992 Enhanced 9-1-1 As_ the final phase in the upgrade of the 9-1-1 Communications C~nter it is recommended that the City Council award a contract to US WEST Communications Services Inc. for the purchase and installation of the MAARS Enhanced 9-1-1 telephone system. This telephone system is totally compatible with the Enhanced 9-1-1 equipment of our primary utility provider, US WEST, meets all of their technical specifications and should be considered sole source equipment and exempt from competitive bid. As a comparison however, this department did receive an informal bid for a similar telephone system from MOTOROLA Communications Inc, and their bid was in excess of $80,000 higher, did not include an emergency back-up battery system, and would have required other modifications to be compatible with US WEST E9-1-1 equipment. The 9-1-1 Committee therefore recommends the purchase be made from US WEST because of the compatibility with existing equipment and the reasonable price= As noted in the attached memo from the Oregon Emergency Management Office, the cost of this system will eventually be reimbursed when the Administrative Rule governing the Enhanced 9-1-1 program is finalized. The City Attorney has reviewed the sales agreement and found it acceptable. 1. TELEPHONE EQUIPMENT: a. 3 position, 50 lines Enhanced 9-1-1 telephone system b. Trainings shippings cabling and installation materials c. Installation labor Total equipment, installations and training $66,444 10,811 5,200 $88,455 2. UNINTERUPTIBLE POWER SYSTEM: a. 4.3KVA UPS system b. External manual bypass switch c. 3-year customer protection plan d. Shipping e. Wiring, panels, outlets, and installation Total battery system 570 1,880 787 4,088 $11,675 (NOTE: This battery system is used to provide approximately 30 minutes of power to the telephone system in case the emergency generator doesn't start immediately.) TOTAL ENHANCED 9-1-1 TELEPHONE EQUIPMENT AND INSTALLATION $94s130 Budget Fund 31-315-710.009 - Capitol Outlay for Communications Systems 7r COUNCIL BILL NO. /-~,, ;~ RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH U. S. WEST COMMUNICATIONS SERVICES, INC. WHEREAS, Oregon state law requires that local jurisdictions install an enhanced 9-1-1 communications system by 2000, and WHEREAS, the director of the 9-1-1 communications center has evaluated alternatives to provide this service, and WHEREAS, the director recommends that a contract be awarded to U.S. Communications Services, Inc.; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The Mayor is authorized to sign, and the 9-1-1 Communications Center Director is authorized to administer, a contract with U.S. West Communications Services, Inc., a copy of which is attached hereto and incorporated herein. ~ Approved as to form.'~,(~/~ /-7- ~ ~_ City Attorney Date APPROVED: FRED W. KYSER, 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. PUBLIC SAFETY PRODUCT SALRS/INSTALLATION/MAINTENANCE AGREEN~NT ~ s ~ST couunications services, Inc., referred to hereinafter as 'USW-CS', a corporation organized under the laws of the State of Colorado, and City of Woodbu~, referred to hereinafter as "CUSYOMER", a public entity organized under the laws of the State of Oregon, hereby enter into this Public Safety Product Sales/Installation/Maintenanca Agreement ('Agreement'). ~is Agreement may refer to CUSTOMER and USW-CS, together, as the 'parties". This Agreement may refer to CUSYOMER or to USW-CS as a 'party' to this Agreement. - 1.1 USW-CS sells and CUSYOMER purchases the Public Safety Product hardware and/or software specified in Attachment to this agreement, refe~ed to hereinafter as 'Product(s)'. CUSTOMER purchases product(s) to provide public safety emergency communications services. 1.2 {ISM-CS agrees to install product(s) specified in Attachment 1 according to the terms and conditions described in Attachment 2 to this Agreement, titled, Installation Schedule. 1.3 USW-CS shall provide maintenance services to the Public Safety pro~:t(s) specified in Attachment 1 according to the terms and conditions described in lttaciment 3 to this tgreement, titled, Maintenance Provision. 2. Sales price and payment ?er~s. 2.1 USW-CS'$ prices for product(s) and installation appear in tttachment 1 to this Agreeaent. USW-CS's prices for maintenance appear in tttaciment 3 to this tgreement. All charges shall be paid within thirty (30) days after receipt of the invoice and in accordance with the payment schedules referenced in lttachment 4 to this tgreement, titled, Payment Schedules. Prices quoted in this lgreement shall be good for ninety (90) days from the date this Agreement is signed by USW-CS representatives and delivered to CUSTOiER, after which time prices for Product(s) 2.2 Late Payment Charge - USW-CS shall apply a service charge of 1-1/2% (one and one-half percent) per month on any unpaid balance not received by USW-CS within thirty (30) days of the invoice date. 3. Taxes and Fees. Prices do not include taxes or fees, of any kind, established by governmental authorities. CUSTOMER shall pay all such applicable taxes and fees when billed by USW-CS. Alternatively, CUSTO~ may supply USW-CS a tax exemption certificate in a form satisfactory to USW-CS. 4. ¢~co~r _{ _msp~si~flities. 4.1 4.2 CUSTiIiER shall ensure that its personnel are available to receive delivery of Product(s) at site, at a date and time to be determined between USW-CS and CUSYO~. Risk of loss and damaqe to Product(s) passes to CUSTO~ upon delivery of Product(s) to CUSTOMER at site. CUSTOMER agrees to grant reasonable right of entry to USW-CS's representatives to deliver the Product(s) and/or perform all services contemplated un~r or by virtue of this Agreement, and will make available a reasonable amount of appropriate s~cure space for storage of Product(s) or parts as necessary. 4.3 CUSTOI~ shall he responsible for proper site preparation, for meeting and maintaining proper environmental conditions, including but not limited to, air conditioning, cleanliness, and teaperature requirements, and for meeti~ electrical requirements as indicated by tim ma~ulac~urers of ProSu~(s) in ~ttac~ent 1. 4.4 Preduct(s) delivered to CUSTOMER shall be available at site on the installation date. The estimated installation begin and complete dates are identified in Attachment 2 to this tgreement. The la~s of t~e State of Oregon qovern the interpretation of this Agreeaent. This Agreement and t~ parties' actions under this Agreement shall comply with all federal, state, and local law~, rules, reclulations, court orders, and governmental agency orders in existence at the time of execution of this Agreement. If any of the provisions of the term~ and conditions contained herein shall be held to be invalid or unenforceable in any jurisdiction in which these term~ and conditions apply, such invalidity or uaenforceability shall not invalidate or render unenforceable any other term or condition, but rather these terms and conditions shall be construed and enforced accordingly. However, in the event such provision is considered an essential element of these t~rms and conditions, the parties shall promptly negotiate a replacement thereof. 6. Force Maieure. Except with respect to the CUSTOMER's obligation to make timely payments, mith~ party shall be held responsible for any delay or failure in performance to the extent that such delay or failure is caused by fires, strikes, embargos, earthqu~es, floods, wars, water, the elements, labor disputes, government r~quirements, civil or military authorities, acts of God or by the public enemy, inability to secure transportation facilities, acts or omissions of suppliers or other caus~ beyond its control whether or not similar to the foregoing. ?. Health and Safety_ co~_liance. USW-CS and the CUSTOMER shall adhere to all applicable health and safety laws, rules and recjulation~ including the Occupational ~ety and Health Administration's ("O~") rules and regulations. Yhe CUSTOMER agrees to certify that there is no asbestos on any premises in any areas where USW-CS will be working. In the event the CUSTOMER will not certify an asbestos free environment or asbestes is discovered in the USW-CS work area, there may he additional costs to perform under this Agreement in compliance with OSHA's rules and regalations. TI~ CUSTOtiER understands and agrees this Agreement does not include the prices attributable to working in an asbestos environment including, but not limited to, asbestos sampling, testing, cleanup, or r~routing or delays caused by' any of the above. The CUSYOMER understands and agrees that prices attributable to any of the above will be in addition to tt~ price agreed to herein and the CUSTOMER agrees to pay tt~ additional amounts. CU.~'$ non-compliance with tiffs provision will be considered as CUSTOMER'S default under tl~is Agreement. 8. Limitation of Liability, 8.1 OPERt?IOW OF POBLIC SIFETY SYSTEMS, CUSTCiiER PREMISES SERVICES lid I~0{)0C~($) IS TRR SOLE ILEStN)WSIBILITY OF C[~. USW~'S SOLE UNI)ER~AKIMO IS LI]iI?EI) TO PiZOVIDI~ ~HE Pl~($) SOil) lid INSY)ii~?IO~ ~ MAI~ OF THE PROi)OCY($) ~ AODORDA#CE WITH TH~ ?ER#S AMD ODNDIYIO~ OF ~ AG~I~. TH~ PI~OVISIO{{ OF ~(S) SOW AND SERVICES PERFOiIMED BY USW-C$ TO CUST(IiER SI{ALL ~ ~ ~, ~~ OR itI~IRDI~, EITHER EXPlfl~3SLY OR IMPLIED, AS BEIMO ~ THE BEMEFI? OF, OR Cl{EA?IMO I~Y {]HW-CS OBLI~?IOM TOWARD tl[Y THI]{D PARI~ LECa/L ENTII"/OTi{]~{ THAI ~. USW-C$'$ OBLIGAYIOiiS EXl~fl) aY TO ~. $.2 USW-CS HIiALL Il MO EVEWT BE LIABLE TO THE CUSI~D#ER, OR YO AI{Y PERII)W OR (3OMPAMY USIMO AI{Y PROIIiICY OR SERVICE SUPPLIED UNDER THESE YEIUiS AI{D (3OMDIYIOI{S OR TO {{I{O[4 TH~ ~ FUI~{ISt{]~S t I~)DO<T OR SERVICE, FOR SPEClAL~ IMCIDENTAL OR (30{{SE~M3EMTI~ DAMAG~ ARISING A~ A RK~ULY OF THIS AGREEMEWT. USW'{3$'$ El{TINE LIAI3ILI~Y ~ AMY CLAIM OR LOSS, DAMAGE OR EXPENSE FROM AMY CAUSE k~IATSORVER ~1{I. IN MO EVEMT EXCEED THE HI(iHER OF THE REPAIR OR REPLACE)4ENT COST OF TIlE ITEM WHI~ DIR]L~TLY GIVES RISE TO ~ CLAIM. THIS PARAGRtJ~{ $HAIJ~ NOT OBLIGATE 2 IbF' l'ltg CUSt~ Il) Ilfl)g~Iln/ US~-CS FOR DiOltGF, S SOFFgRgl) BECtOSl~ OF O~-CS~$ #i~LIGI~Cli OR II~I~IO~tL lC'TS WI~Ii P. gSPI~ ID US#-CS~$ Pl~OVI$I~ OF l~II~ll~ IIL~TILLI?ION~ O~ NII~TI~II~ $1~ICg ~ I~OIPHI~ COVERgD BY HIS For chanOes to an order for Preduct(s) and/or installation between the tine the i~eeaent is si~ed and the installation completed or Preduct(s) delivered, ~hichever is applicable, the additional Product(s) or installation requests and the appropriate charoes shall be shorn on an addendum, signed by authorized repre~ntatives of both parties, and attached to the appropriate lttacbaent and ~{e a part of this lcjree~ant. Any failure of a paffg to assert any right under this t~reeaent shall not constitute a ~aiver or a taraination of that right, this tOroe~nt, or any of this toree~ent's provisions. Neither party shall assign, sublet, or transfer any interest in this tOree~ent without the prior gtitten consent of the other party, ~oich consent shall not be unreasonably withheld~ provided, hoverer, that ~ ~ay assign and transfer this t~ee~ent to any parent, subsidiary, successor or affiliated company without the prior ~ritten consent of the CU$1~lgll. It is specifically agreed that U $ k3~f ~ay subcontract all or any portion of the ~ork without the prior ~ritten consent of CUS~. {Bi{-CS shall re~ain responsible for the work of any subcontractor. 12. _lmtm~ ification for Clai,s tssociated #ith Personal I~_iu~_.D~th. Or _Prope~_ ~ Only. ~ party shall indemnify and hold haraless the other party in connection with clains, losses, dexages, liabilities, and law suits to the extent they arise fron, or are alleged to arise from, negligent acts solely in connection with a party's petforaance under this toreenent or a party's use of, or operation of, the Product(s) sold, installed, ami maintained under this tgreeaeut. This indeanity extends solely to claias and lavsuits for personal injury, death, or destruction of ta~ible property. I# {lO [~gliT SIilLL BITB]~ PIItTY B~. LlikBLg ~ idly I~Iitl~"[, ~I1[,, I]ClI)g~TtL O~ CO~Sl~lglfTItL D~G~ ~ ~ ~ HIII~OIWI~. 13. Survival of Obli~tion. ~e respective oblioations of the CUSI~I~ and IL~-C~ under these tar~ a~x] conditions ~hich by tl~ir ~ture ~ould continue beyomi the teraination, cancellation, or expiration hereof, shall survive teraination, cancellation, or expiration hereof. 14. l~}r_ ieta~_!Confide~tial Information. ~ shall treat all iaforaation, deolaeuts, or aaterials it receives from tlS#-CS as strictly confidential. (IZSTO~ shall protect such information fro~ disclosure to the public, shall supply it only to (IBTO~ personnel with a need to know, and shall keep it in a secured place. Acceptance by CUSTOI4gR of the Preduct(s) listed in lttachaent 1 to this lgreeaeut, including any authorixed aodification thereof, shall be by ~ properly executinq tttac{meat 5 to this {qree~ent, tiffed, Certificate of lcceptance. 3 16. #arrantie~. 16.1 WARRANTY FOR PRODUCT(S) SHALL BEGIN THE DATE OF EXFL~rlO~ OF THE CERTIFICATE OF ACCEPTANC~ BY CUSTOI~ ARD SHALL (DlffINUE FOR O~E (1) FULL CALENDAR YEAR. DURING THIS WARRANTY PERIOD, U~--CS SHALL PROVIDE SERVICE TO KEEP PRODUCT(S) LISTED IN ATTAC~IElff 1 lB GOOD ~RICING ORDER AND TO ENSURE PRODUCT(S) (DIWO~ TO THE SPECIFICATIONS, TEI~tS, Lift) COliDITIC~ OF THIS AGREEKENT. 16.2 IX]RING WARRANTY PERIOD, U~"CS SHALL REPAIR OR REPLACE, AT NO CllARGE, PRODUCT(S) ~W-C~ FINDS TO BE DEFECTIVE DUE TO QUALITY OF MATERIAL OR MANUFACTURER'S kDRZ]%UISHIP. FOR PRODUCT(S) SOLD I~T NOT INSTALLED BY U~.-CS, A NINETY (90) DAY WARRANTY SHALL BEGIN THE DATE OF DELIVERY OF ~ P~O~r(s) TO 16.3 U~-CS A3D C~STOl~ SIULL FOLI~ Alfl) 1~ ~ BY TI~ TERI~, CONI)ITIO~S, AND PROC~ DETAILED IN ATTA(~4E~T 3 OF THIS AGl~l~rr TITLED, ~I]ffEIIAI~E PROVISI~, EICSPY tq)R Sl~rIOlf 3.B, 3.C., 3.D LqD 3.g, IN RI~JESTING AMI) PROVIDING #ARRAFH SERVICE. 16.4 PEI~NIIEL FURNISHED BY USi~S SILU, L BE QUALIFIED YO PERR~ TAS~ AID FUI~I(~S FOR WHIOI THEY ARE ASSIGNED AND SHALL PERFORH THEN IN A PROFi~IOliAL NAIINER. 16.5 IF THE ~(S) OR SERVICES FAIL TO ~EET THE THI~tS OF THIS WARRAFrY AS A RESULT OF THE ACTIONS OR NEGLIGENCE OF CUSTOMER OR ACTIONS OF A THIRD PARTY (OTHER TH~ All AGENT OF, OR INDEPENDENT CONTRACTOR OF USk~CS), OR DAMAGE RELATI~ TO ACTS OF (~, FIRE, VAE)ALISH, OPERATOR ERROR, USE OF II6'ROPER SUPPLIES, OR (~STOSER INTERFACES OF PERIPHERAL I~IPHEFr, THEB CUSTOHER SHALL PAY ALL OIAI~ES ~.'.'.'.'.'.'.'.'.~TED WITH '1~ REPAIR OR REPLACDO~I' THERff)F IF CUSTOMER SO ELEC~ TO REPAIR OR REPLACE SAID ITEHS. 17. ~cl~io~ ~earranties: 17.1 THE WXP, P,~TIES PROVIDED BY U~--CS UNDER THIS AOREIDqEFr DO ~ INCLUDE THE FOLL~IliG SERVICES: a) I~,I(ISHING SUPPLIES f/HI(Il 1~ IU[ PART OF THE PRODUCT(S) OR FURIlISHI~ lt~TERTII. THEREFORE~ b) ELF~TRIC~ ~RK EXTERNAL TO PROD~"T(S) SOLD UNDER THIS AGREEMENT~ c) [~3[ OR SUPPLY OF MATERIU, RELATY~ TO MAINTAINING A PRO~ER I~VIRONMI~ AT SITE Ulfl2SS INDICtTED IN ATTAC~T 1 TO THIS AGREENI~; d) EQUIPHE~ NOT SOLD, INSTALLED, AND MAINTAINED BY USW-C~ EXCEPT FOR THE NINETY (90) DAY WARRANTY FOR PRODUCt(S) SOLD BOT NOT I]ISTA[J_.~ BY ~ AS DESCI~BED Ill SECTION 16.2 OF THIS AGREDIElff. 17.2 USW-CS DOES MOT k~RRANT THAT THE OPERATIOA OF THE PRODS(S) WI~ ~ UWINTERH~TgD OR ~ FREE. 17.3 WARRANTY DOES NOT COVER PRODUCT(S) F, FF]~'YED BY OPERATOR ~, ~SaSE OF ~($) OR FORCS MAJEI3P, E CO~ITIO{tS AS DESCRIBED I~ SECTI~ 6 OF TI{IS AGP. EI~{Eiff. 18. ~o License o~ sae. This Agreement shall not constitute a license or authority to either parties trade or coanon na~e, tradesark, or any related property. ~either party shall have the right to use the other party's n~e in any way ~hatsoever without the prior ~ritten consent of the other party. 19. Software License. One or more of the Product(s) may be or may contain software. In some cases the Prodnct(s) manufacturer (USW-CS's vendor) has embedded such software into the hardware as an integral part of the Product(s). All software remains the property and full ownership of the creator, developer, manufacturer, or copywriter, whichever the case may be. If required by creator, developer, manufacturer or copywriter, a license must be granted to end-user (USW-CS's Customer), to use such software and may contain specific terms and conditions for such use. These specific terms and conditions for use are governed entirely by said creator, developer, manufacturer, or copywriter and shall be adhered to by both parties. Upon the requirem~t of creator, developer, manufacturer or copywriter to execute a Software License Agreement or Software Sub-License Agreement by end-user and/or USW-CS, such license shall be executed as required and shall become a part of this Agreement by reference. 20..l~ault b~ Cib'TCINEN. 21. In the event CUSTOM~ fails or neglects to comply with any term or condition of this Agreement or to pay for services as provided herein, USW-CS shall have the right, after written notice, to cease performance or warranty service hereunder. This remedy shall be in addition to any other remedies, including termination, available to USW-CS in law or equity. USW-CS shall be entitled to recover reasonable attorney's fees and costs of collection associated with enforcing its rights hereunder. l{otices. Except as otherwise stated in this Agreement, any notice or demand to be given under this Agreement shall be delivered in person or depe~ited in United States Certified Mail, Return Receipt Requested. Any notices or other communications shall be addressed as follows: U $ WEST Communications Services, Inc. 3433 Broadway Street WE, ~uite 300 {{inneapolis, MN 55413 Attn: Contract Manager city of Woodburn 270 Montgomery Street Woodb~ OR 97071 Attn: Ed Rector If either party changes its address or if a party's representative changes, the other party shall be advised of such a change in writing. 22. Entire Agreement. This Agreement, its Attachments and references, represents the entire Agreement between the parties, is a final, complete exclusive statement of the terms thereof, and supersedes and terminates any prior Agreement, understanding, or representation between the parties with respect thereto, whether written or oral. 5 IS ~/I?l/~.~ I//l/l~Oi, g~-/~ and ~$T/~l~ ezecute ~d authorize this A~eeaent as of the last d~te sho~ below: Signature: ~int lla~e: ?itle:. Date: Silage: l~int l~e: Tit/e: Date: 6 ATTACHMENTS CONCERNING THE EQUIPMENT LINE ITEMS ARE NOT INCLUDED IN THE COUNCIL PACKET BUT ARE ATTACHED TO THE ORIGINAL RESOLUTION. A SUMMARY OF THIS INFORMATION, HOWEVER, APPEARS IN THE MEMO TO THE COUNCIL FROM THE COMMUNICATIONS CENTER DIRECTOR. MEMO TO: FROM: SUBJECT: DATE: CITY COUNCIL THROUGH C~ PUBLIC WORKS DIRECTOR PROPERTY EXCHANGE ON "A" COURT JANUARY 7, 1992 RECOMMENDATION: It is recommended that the property exchange be allowed and the resolution passed authorizing the Mayor to sign the legal documents. BACKGROUND: The details of the exchange request are provided in the letter and attachments from Mr. Engle, an attorney for the property owner, Jamie Anfilofieff. Bascially, Mr. Engle contends that his client has a legal right to a 16.3 foot wide strip of land back of his client's lot from the city-owned property that was given to the city by another property owner approximately three years ago. Mr. Engle says that this property was in the possession of his client for more than ten years prior to the city receiving it and that he would like to settle the case without going to court. The city does not agree with this position. However, after meeting with Mr. Engle and his client, it was found that the potential dispute could be resolved by a property exchange. Mr. Engle's client has agreed to dedicate ten feet of additional right-of-way in front of the property. It is my opinion, based upon my visit to the property and professional assessment, that the additional ten feet of road dedication is more valuable than 16.3 feet of strip on the back. Therefore, it is recommended that the exchange of land be approved. My recommendation is not based on the legal right of the property owner but on the usefulness of the strip of land along "A" Court that will be acquired by the city. COUNCIL BILL NO. /3~ RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXCHANGE OF REAL PROPERTY LOCATED NEAR 315 'A' COURT. WHEREAS, the city owns real property more fully described herein; and WHEREAS, Jamie Anfilofieff owns real property more fully described herein; and WHEREAS, an exchange of real property has been proposed and recommended by the Public Works Director; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The subject real property owned by the city of Woodburn is described as follows: Beginning at a point which is North 31o32' East, 40 feet from the Northeast corner of a tract of land conveyed to Klaudia Polushkin by Deed recorded in Volume 590, Page 227, Deed Records of Marion County, Oregon (which Northeast corner is South 60o26' East 176.5 [156.5] feet from the East line of a 20 foot wide street known as "A" Street in the City of Woodburn;) Thence North 31032' East, 16.3 feet; Thence North 60026' West, 70 feet; Thence South 31032' West, 16.3 feet; Thence South 60026' East, 70 feet to the point of beginning. Section 2. The subject real property owned by Jamie Anfilofieff is described as follows: Beginning at a point which is South 30o32' West 65.03 feet and North 41ol 5' East 2.39 chains, and North 60026' West 201.46 feet, from the northeast corner of a one-half acre tract of land conveyed to Mrs. P. J. Stark on April 10, 1890, by Deed recorded in Volume 48, Page 105, Deed Records, Marion County, Oregon; said point also being South 31032' West 65.03 feet from the South line of a 15 acre tract of land conveyed to J. H. Settlemier on August 29, 1881, by Deed recorded in Volume 19, Page 696, Deed Records, Marion County, Oregon; said point also being at the center of a 20 foot public roadway known as "A" Court, as described in Volume 385, Page 594, Marion County Records. Page I - COUNCIL BILL NO. RESOLUTION NO. Thence South 60o26' East along the center line of said public roadway, 70 feet. Thence North 31o32' East and parallel with "A" Street in the City of Woodburn, a distance of 20 feet; Thence North 60o26' West, a distance of 70 feet; Thence South 31o32' West and parallel with the East line of said "A" Street, 20 feet to the place of beginning. Section 3. The City Council finds that the real property described in section 1 of this resolution is not needed for public use. Section 4. The City Council further finds that the real property to be acquired by the city (described in section 2 of this resolution) is more valuable to the city than the real property which is being exchanged. Section 5. The City Council further finds that the public interest of the city is furthered by the exchange of property. Section 6. Based upon these findings, and upon the recommendation of the Public Works Director, the City Council authorizes, subject to any necessary land use approvals, the exchange of the real property described in section I in return for the real property described in section 2. Section 7. The City Council accepts the real property described in section 2 of this resolution and authorizes the City Recorder to sign the proposed bargain and sale deed, a copy of said deed being attached to this resolution as Exhibit "A". Section 8. The City Council further authorizes the Mayor and City Recorder to execute the bargain and sale deed conveying the real property described in section 1 of this resolution to Jamie Anfilofieff, a copy of said deed being attached to this resolution as Exhibit "B" Approvedastoform:C'~(~,~~-~ /~ ~" --~~ Ci~'~ Attorney -- Date APPROVED: FRED W. KYSER, MAYOR Page 2- COUNCIL BILL NO. RESOLUTION NO. Exhibit 'A" ! ~} ~ BARGAIN & SALE DEED JAMIE ANFILOFIEFF, Grantor, conveys to CITY OF WOODBURN, a municipal corporation, Grantee, the following described real property in Marion County, State of Oregon, to-wit: Beginning at a point which is South 30° 32' West 65.03 feet and North 41° 15' East 2.39 chains, and North 60° 26' West 201.46 feet, from the Northeast corner of a one-half acre tract of land conveyed to Mrs. P. J. Stark on April 10, 1890, by Deed recorded in Volume 48, Page 105, Deed Records, Marion County, Oregon; said point also being South 31° 32' West 65.03 feet from the South line of a 15 acre tract of land conveyed to J. H. Settlemier on August 29, 1881, by Deed recorded in Volume 19, Page 696, Deed Records, Marion County, Oregon; said point also being at the center of a 20 foot public roadway known as "A" Court, as described in Volume 385, Page 594, Marion County Records; Thence South 60° 26' East along the center line of said public roadway, 70 feet; Thence North 31° 32' East and parallel with "A" Street in the City of Woodburn, a distance of 20 feet; Thence North 60° 26' West, a distance of 70 feet; Thence South 31° 32' West and parallel with the East line of said "A" Street, 20 feet to the place of beginning. The true and actual consideration for this transfer is SNone. However, the actual consideration consists of or includes other property or value given or promised which is part of the consideration, to-wit: Exchange of real property of like kind and value. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES. Page 1 - BARGAIN & SALE DEED ENGLE & $CHMIDTMAN A'I'I'ORNE'YS AT LAW ~ OFFICE PARK - (]10 GLATT CIRCLE WOOO6URN. OREGON 97071 * TELEPI40#E (503) 981,.0155 . Tax statements: DATED this day of January, 1992. Jamie Anfilofieff CA ADA ) PROVINCE OF ) TO WIT ) The foregoing instrument was acknowledged before me this __ 1992, by JAMIE ANFILOFIEFF. day of January, ACCEPTED by the Woodbum City Council on January CITY OF WOODBURN By. City Recorder Page 2 - BARGAIN & SALE DEED ENGLE & $CHMIDTMAN ATTORNEY~ AT LAW NORTHWOOO OFFICE P~qK - 610 Gl. ATT CIRCLE WOOOI~RN, OREGON 97071 * TELEPHONE (50~) 961-0155 Exhibit "B" / ~) ~ BARGAIN & SALE DEED CITY OF WOODBURN, a municipal corporation of the State of Oregon, Grantor, conveys to JAMIE ANFILOFIEFF, Grantee, the following described real property in Marion County, State of Oregon, to-wit: Beginning at a point which is North 31° 32' East, 40 feet from the Northeast corner of a tract of land conveyed to Klaudia Polushkin by Deed recorded in Volume 590, Page 227, Deed Records of Marion County, Oregon (which Northeast corner is South 60° 26' East 176.5 [156.5] feet from the East line of a 20 foot wide street known as "A" Street in the City of Woodburn;) Thence North 31° 32' East, 16.3 feet; Thence North 60° 26' West, 70 feet; Thence South 31° 32' West, 16.3 feet; Thence South 60° 26' East, 70 feet to the point of beginning. The true and actual consideration for this transfer is SNone. However, the actual consideration consists of or includes other property or value given or promised which is part of the consideration, to-wit: Exchange of real property of like kind and value. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES. Tax statements: Jamie Anfilofieff, 315 "A" Court, Woodburn, OR 97071. DATED this day of ,1992. CITY OF WOODBURN By Mayor By. City Recorder Page 1 - BARGAIN & SALE DEED ENGLE & SCHMIDTMAN A1TORNEYS AT LAW NORTHWOOO OFF~"E PARK - 610 GI.~TT CIRCLE OREGON 97071 * TELEPHONE (503) g~1-0155 STATE OF OREGON ) ) SSo County of Marion ) The foregoing instrument was acknowledged before me this day of , 1992, by , Mayor, and , City Recorder, of CITY OF WOODBURN, a municipal corporation, on behalf of said *corporation. Notary Public for Oregon My Commission Expires: Page 2 - BARGAIN & SALE DEED ENGLE & SCHMIDTMAN ATrORflEYS AT LAW NORTHW(X~ OFFIC~ PARK- 610 OL.A'I'F ~RCt. E WOOOeURH. O~EGON97071 * ~ELEPHONE(50~) 961-0155 ROBERT L ENGLE KIRK A. SCHMIDTMAN JOANN K. BECK ASSOCIATE C(XJNSEL t ECEIVED JAt, l 0 3 1:992 ENGLE & SCHMIDTMAN ATI'ORNEYS AT LAW NORTHWOOD OFFICE PARK - 610 GLATT CIRCLE WOODBURN, OR 97071 HAROLD A. EICHSTEADT RETIRED 19{}0 ('~03) ee1.,o155 January 3, 1992 Frank Tiwari, P.E. Public Works Director City of Woodburn 270 Montgomery St Woodburn, OR 97071 RE: "A" Court Property Exchange Dear Frank: In confirmation of your letter of December 20 and our prior discussions, I do represent Jamie Anfilofieff, who is the owner of property located at 315 "A" Court, in Woodburn. "A" Court is a public street, and according to the legal description, my clients owns to the center of that street. The legal description establishes her parcel to be 105.03 ft x 70 ft. The City presently owns a ten foot easement from the center of "A" Court. It is my understanding that the City is willing to convey to Ms. Anfilofieff a parcel of property on the Northeasterly end between the present property line and the currently existing fence in return for conveyance of an additional ten foot strip of property off the Southwesterly end of Ms. Anfilofieff's property bordering "A" Court. Since Ms. Anfilofieff technically owns to the center of "A" Court, it seems appropriate at this time for her to give, by Bargain & Sale Deed, to the City of Woodburn a total of 20 feet from the center of the road. Richard Montgomery of Barnes Surveying did a survey for Mr. Navarrette on this property in April of 1990. His survey map does not conform to the Assessor's map with regard to the location of the northerly extension of "A" Street beyond its intersection with "A" Court. Frank Tiwari, P.E. Public Works Director City of Woodburn January 3, 1992 Page 2 Suffice to say, an on-site measurement of the distance between the existing monument set by Mr. Montgomery and the northeasterly fence line establishes that distance to be 16.3 feet. As I have informed you, Ms. Anfilofieff, her grandmother and her parents, have utilized not less than 16.3 feet for more than the last ten years prior to the City's acquisition of the property to the north and east of the Anfilofieff lot. For years there was a wire fence somewhat beyond the existing fence on the north. Jamie Anfilofieff's husband tore that fence down and replaced it with the wooden fence at the time shown in the photograph which you have in your file. I am convinced that Ms. Anfilofieff could show the elements of adverse possession to have existed for a continuous ten-year period prior to the City's acquisition of its property. Under Oregon case law, she would be entitled to record ownership to that 16.3 ft parcel which vested at the end of ten years of use. Such ownership relates back to the inception of that ten-year period. Although adverse possession can not be acquired against the City as a public body, she had acquired ownership of that strip before the City ever purchased the parcel to the north. The City would then have to retake possession of the parcel for a period of an additional ten years before Ms. Anfilofieff's legal ownership to that strip would be lost. I enclose two deeds which I believe will serve to transfer the two parcels of property, together with a copy of the Marion County Assessor's map, a copy of Richard Montgomery's, Barnes Surveying map, and a copy of the on-site measure- ment which we have made locating the existing fence. I also enclose a copy of the foreclosure report issued to me by Key Title relating to the subject property at the time I commenced foreclosure proceedings. cc: Jamie Anfilofieff ..-* / Premium: Amount of Insurance: GUARANTEE SCHEDULE A $200.00 Agent File No.: 18-27250 $11,657.81 Guarantee No. 25 600702/ 18-27250 Effective Date: February 26, 1991 @ 11:18 a.m. Liability $11,657.81 Fee $200.00 A. Assured: JAHIE ANFILOFIEFF B. The contract to be foreclosed is: Real Estate Contract, including the terms and provisions thereof, a memorandum of which was, Dated: July 17, 1989 Recorded: April 30, 1990 in Reel 766, Page 58 Hicrofllm Records, Marion County, Oregon Vendor: Jamie Anfilofieff Vendee: Francisco Navarrette C. The estate or interest in the land hereinafter described or referred to covered by this Guarantee is: Fee SimPle Estate D. Title to said estate or interest at the date hereof is vested in: JAHIE ANFILOFIEFF E. The land referred to in this Guarantee is situated in the County of Marion, State of Oregon, and is described as follows: PARCEL I: Beginning at a point which is South 60° 26' East 176.5 feet from the East line of a 20 foot wide street known as A Street in the City of Voodburn, said point being the Northeast corner of a tract of land conveyed to Klaudia Polushktn, in Volume 590, Page 227, Deed Records, Marion County, Oregon; thence North 31° 32' East 40 feet; thence North 60' 26' Vest 70 feet; thence South 31' 32' Vest 40 feet to the Northwest corner of the Polushkin Tract; thence South 60° 26' East along the Northerly line of the Polushkin tract 70 feet to the point of beginning. PARCEL II: Beginning at a point which is North 41' 15' East 2.39 chains and North 60' 26' West 201.46 feet from the Northeast corner of a one-half acre tract of land conveyed to Hrs. P. J. Stark on April 10, 1890, by deed recorded in Volume 48, Page 105, Deed Records, Nation County, Oregon; said point being on the South line of a 15 acre tract of land conveyed to J. H. Settlemier on August 29, 1881, by deed recorded in Volume 19, Page 696, Deed Records, liarion County, Oregon; thence South 60* 26' Eaat a distance of ?0 feet; thence South 21' 32' West and parallel vith #&~ Street in the City of Woodburn, a distance of 65.03 feet; thence North 60* 26' West a distance of ?0 feet; thence North 31' 32' East and parallel vith the East line of said 'A" Street, 65.03 feet to the place of beginning. Guarantee No. 25 600702/18-27250 As of the effective date, the premises are subject to the following Exceptions: 1. Any bankruptcy proceedLn~ that is not disclosed by the acts that vould afford notice as to said land, pursuant to Title 11 U.S.C. 549 (C) of the Bankruptcy Reform Act of 1978, as amended. 2. Taxes for the fiscal year 1989-90, delinquent Total Amount: $376.56, plus interest, unpaid Account No.: 43254-000 Taxes for the fiscal 7ear 1990-91, due and paTable Total Amount: $360.51, plus interest Account No.: 43254-000 3. Taxes for the fiscal year 1989-90, delinquent Total Amount: $59.21, plus interest, unpaid Account No.: 43258-000 Taxes for the fiscalyear 1990-91, due and payable Total Amount: $56.55, plus interest Account No.: 43258-000 4. City liens, if any, of the City of ~oodburn. (An inquiry has been directed to the City Clerk concerning the status of said liens and a report will follow if such liens are found.) 5; 'The rights of the public in and to that portion of the premises herein described lying within the limits of roads, streets and highways. 6. Real Estate Contract, including the terms and provisions thereof, a memorandum of which was, Dated: July 17, 1989 Recorded: April 30, 1990, in Reel 766, Page 58, Hicrofilm Records, Harion County, Oregon Vendor: Jamie Anfllofieff- Vendee: Francisco Navarette C Oot.£ 31' COUNCIL BILL NO. /~G~ RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR SOFTWARE SUPPORT WITH EDEN SYSTEMS. WHEREAS, the city has purchased computer software from Eden Systems, Inc.; and WHEREAS, it is necessary to execute a software support agreement for 1992 to insure that the software is adequately maintained; NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The Mayor is authorized to sign a software support agreement for 1992 with Eden Systems, Inc., a copy of which is attached hereto, and by this reference, incorporated herein. Approved as to form.'~ ~~''- City Attorney Date APPROVED: FRED W. KYSER, 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. EDEN SYSTEMS, INC SOFTWARE SUPPORT AGREEMENT 1992 CUSTOMER NAME City of Woodburn CUSTOMER ADDRESS 270 Montgomery Street CITY/STATE/ZIP Woodburn, Oregon 97071 Terms and Conditions The customer agrees to pay, in advance, the assessed support fee mentio, ned here~.m,., for ~e. p.e, ri.o~l, from~ ~ to December 31. 1992 and said support fee will be subject to those conaittons aetauea ~n ^ppenmx ~ incorporated herein. The amount of the software support fee is $2,232.75 which covers currently installed and accepted application software. Software products installed during the support period will be charged on a prorated basis, for tha.t part of the support period in use, at the prorated annualrate of 15 % of the license fees for each software product. The customer will pay all invoices for support coverage within 30 days of the invoi~ .date. In the case of past.due. support fees, Eden reserves the fight to void this So.ftF. are S.upport _Ag~_eemen_t and the. customer~ shall forfeit all fees paid to date as well as any other conditions or rights under this 5ottware support Agreement. Customers covered under this Software Support Agreement will be given fa'st priority over customers not covered and will receive additional services at the rate of $90.00. Customers not covered under this Software Support Agreement will be charged for services at the rate of $~0.00 per hour with a minimum of $150.00 per call in addition to any applicable travel and out of pocket expenses. Travel and out of pocket expenses include but are not limited to airplane fare, lodging, car rental and/or mileage, meals and other charges incurred as a normal process of doing business. Support and Service Telephone support will be provided between the hours of 6:00AM and 5:00PM excluding weekends and holidays. Support prowded other than normal hours or during holidays will be charged to the customer at twice Eden's normal hourly rate. Customer agrees to provide necessary modem equipment in good working order throughout the term of this agreement. During the term of this Agreement, Eden will maintain a complete and current copy of the source code for the customer in Eden offices. THIS AGREEMENT SUPERSEDES ALL PRIOR SUPPORT AGREEMENTS WHETHER ORAL OR WRITTEN AND IS THE SOLE BASIS ON WHICH ANY SUPPORT IS TO BE PROVIDED TI-IE CUS- TOMER UNLESS SPECIFICALLY DESCRIBED IN APPENDIX B INCORPORATED HEREIN. By.'. Date~ Customer Authorized Signature By.'. Date: Eden Systems, Inc. Appendix A General Terms of Coverage What Is Covered: Telephone assistance in operating a specific application program supplied by Eden. Assistance in determining the nature of application program error messages displayed from an Eden-supplied program. Assistance in determining the nature and resolution of abnormal termination of Eden application programs. Discussion of the flow of information through any portion of the Eden system or application program. Shipment of diskettes and computer materials to Eden via UPS or other overnight carrier which is related to items covered under this agreement. What Is Not Covered: Any and aH assistance relating to equipment (terminals, processors, printers, tape drives, etc.), operating systems, other third party software products other than supplied by Eden. Any and aH assistance related to recovery from operational error, equipment failure, electrical failure and other similar actions and occurrences. Programs which have been altered by customer's staff without the prior consent of Eden. Required local and state standards which may change during the course of the support year. Appendix B Exceptions to This Agreement There are no exceptions or special considerations affecting this agreement. MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager ,~ Bid Award for Utility Tractor January 6, 1992 RECOMMENDATION: Award bid for a 62 horsepower Utility Tractor to AG West Supply of Woodburn for $18,892.00. (NOTE: Funding will come from budgeted Street Department new equipment funds.) BACKGROUND: Bids for City of Woodburn Bid number 92-04 were opened at 2:00 pm on December 18, 1991 for a 62 horsepower utility tractor. Results were: BIDDER PRICE AG West Supply Lenon Implement Co Salem Ford/NH Inc. $18,892.00 $19,471.00 $22,365.00 The tractor will be utilized on the side mounted mower which is currently used with a 1974 Ford tractor which is underpowered for the mower an is becoming unreliable. The older tractor will be retained and be used on a rotary mower during the busiest portion of the mowing season. Purchase of the tractor will enhance the street departments efficiency in maintaining City owned land and right of way free of obnoxious vegetation. utilrrac.rr/bw WOODBURN POLICE DEPARTMENT 270 Montgomery Street Woodburn, Oregon 97071 982-2345. Yen Wri gh~c Chief of Police DATE: December 30, 1991 TO: ~ayor and Council / THRU:/,---~~is Childs, City Administrator APPLICANT: Shop 'N Kart 1512 Mt. Hood Avenue Woodburn, Oregon O~NER: Larry Brons LICENSE Package Store (PS) TYPE: Beer and Wine On December 2, 1991, the Department received an application for a liquor license from the above Shop 'N Kart. Prior to the December 18, 1991 opening the Department recommended a temporary approval authorized by Statue 471.262. At this time, the Department has completed the background investigation of the applicant and Corporation. The investigation revealed no reason the application should not be approved. RECOMMENDATION: Approve the Package Store License for Shop 'N Kart. KLW/ils c: Childs Brons File 12131191 Standard report A P CHECK LISTING '~NOVEMBER'1991 Page Check Number 12379 12380 12381 12382 12383 12384 12385 12386 12387 12388 12389 12390 12391 12392 12393 12394 12395 12396 12397 12398 12399 12400 12401 12402 12403 12404 12405 12406 12407 12408 12409 12410 12411 12412 12413 12414 12415 12416 i2417 12418 _ 12419 12420 12421 12422 12423 12424 12425 12426 12427 12428 12429 .Budgetary Account Number LE6AL SERVICES PETTY CASH MATER 8ILL PERMIT VOID VOID VOID VOID VOIO SERVICES/CITY HALL SERVICES/POlICE SOFTWARE/git JURY TRIAL/COURT SERVICES/SEWER REFUNO/WATER REFUND/MATER REFUNO/WATER REFUND/WATER SUPPLIES/PARIS SUPPLIES/~ARKS ARBITRATION/~ATER SERVICES/POLICE SERVICES/POLICE $UPPLIES/PLANNIN6 SUPPLIES/POLICE SUPPLIES/CITY HALL SUPPLIES/LI8RARY SUPPLIES/MISC SERV/POLICE SUPPL/STREET SUPPL/LI8 SUPPL/LI8 SUPPL/PDLICE SUPPL/POLTCE SERV/EN6INEERIN6 SUPPL/LIB SERV/911 SENV/POLICE SUPPL/CITY HALL SERV/ATTNY SUPPL/STREET MILEAGE/NAYOR SOFTWARE NAINT/CRT SERV/911 SERV/EMGINEER SERV/MISC SUPPL/LIB SERV/EN6INEER SERV/VARIOUS SEWER ClF SUPPL/WWTP SERV/VARIOUS Vendor Name N. ROBERT SHIELDS CITY OF ~JOOOBURN U.S. POST OFFICE PURE AIR CONPANY CAR CRAFT NEW ~ORLD SYSTEMS NARYLEE BROWN STAR INDUSTRIAL SUPPLY L. HEIHEL, J. COLENAN 30HN STEN6ER 0.0. MORROW, L. ~OURTNEY CAPITAl CITY, INC PUBLISH MICHAEL HOEFLER WILLIAM A. tANG RONAIO N. TURCO, ND ACNE LOCK SHOP ANERICAN PLANNIN6 ASSN AMERICAN REO CROSS ARATEX SERVICES, INC. BI MART CORP BOISE CASCADE CASE AUTOMOTIVE COLUMBIA EQUIPHENT COMHTROH CURLEY PUBLISHING OANIEI'S PHOTOHRAPHY DAVISON AUTO SUPPLY DE HASS & ASSOC 6AlE RESEARCH 6ERVAIS TELEPHONE GTE NOBIIENET C.J. HANSEN INC NARY HARRIS 3ERRY~S MACHINE SHOP FRED KYSER NSI 6ROUP MONITOR CO-OP TEIEPN NORTHWEST GEOTECH NORTHWEST NATURAl GAS OFFICE ClUB OR DEPT OF NTR VEH US WEST COMN PIPE TECN PLATT ELEC PIONEER ELECTRONICS Vendor Number 018450 015255 022090 000060 000270 000280 000535 001275 001340 002190 002670 002743 002951 003030 003081 003108 006015 006143 006373 007055 007085 009110 010320 012015 012550 013287 013350 014041 014240 015030 015337 015340 015345 Check - Date Written 111o7/91 11/o7/91 11/o8/91 11114/91 11/1A/91 11/14/91 11114191 11114/91 11/14/91 11114191 11/14/91 11/14/91 11/14/91 11/1A/91 11/14/91 11/14/91 11/14/91 11/14/91 11/14/91 11/14/91 11/14/91 11/14/91 11/14/91 11/14/91 11/14/91 11/14/91 11/i4/91 11/14/91 11/14/91 11/14/91 11/14/91 11/14/91 11/14/91 il/14/91 11/14/91 11/14/91 11/14/91 11/14/91 ll/14/91 11/14/91 11/14/91 11/14/91 11/14/91 11/14/91 11/14/91 li/14/91 Amount of Check 4,747.50 144.85 221.50 1,744.00 191.00 11,880.00 10.00 466.00 21.55 19,95 8.59 20.71 21.97 240.00 /00.68 300.00 47.00 112.00 127,$0 91,95 21.06 269.90 811.34 135.72 192.81 42.40 14.94 123.45 1,000.00 277.02 506.42 106.48 261.10 390.00 80.35 16.00 125.00 170.00 1,050.00 63.50 22.94 25.00 677.65 75,883.27 309.55 67.19 103,/59.84 12131191 Standard report A P CHECK LISTING · ~NOVE, MBER '1991 Page 2 Check Number Budgetary Account Number 12430 SERV/VARIOUS 12431 SDPPL/LI8 12432 SERV/CRT 12433 SUPPL/SERV/VARIOUS 12434 SUPPLIES/PARKS 1243S SUPPLIES/VARIOUS 12436 SERV/POLICE 12437 SUPPL/ATTNY 12438 SUPPL/LID 12439 SUPPLfVARIOUS 12440 SUPPL/LIB 12441 SUPPL/VANIOUS 12442 SERV/UWTP 12443 SUPPLIW~TP 12444 RENEWAL/VARIOUS 12445 SUPPLIES/VARIOUS 12445 SUPPLIES/POLICE 12447 SUPPL/FINANCE 12448 WATER BILL PERMIT 12449 REGIST/P WRKS ROHNAN 12450 SERV/POLICE 12451 POSTAGE/VARIOUS 12452 OFF ST. PAR[IN6 B°NOS 12453 SERVIFINANCE 12454 SUPPLIES/W~TP 12455 WATER 8ILL PER#IT 12456 SERVIPOLICE 12457 SERV/POLICE 12458 PETTY CASH/FINANCE 12459 SERVIVARIOUS 12460 SUPPL/PARKS 12451 DATER BILL PERNIT 12452 V 0 I D 12453 V 0 I 0 12454 V 0 I D 12465 V 0 ! D 12466 V 0 I 0 12467 V 0 I D 12468 V 0 I D 12469 V O I 0 12470 V 0 I D 12471 REINe/COUNCIL 12472 SIBE~ALK SUBSIOY 12473 FRONT ST. IMPROVEMENT 12474 SUPPLIES/ENGINEER 12175 SUPPLIES/VARIOUS 12476 SUPPLIES/~WTP 12477 SERV/STREET 12478 SUPPLIES/~TP 12479 SUPPLIES/~WTP 12480 CONF/POLICE 12481 CONF/AONIN Vendor Name Vendor Number Check- Date Written Amount of Check P6E 015420 11/14/91 9,520.02 PONELL'S BOOKSTORE 015467 11/14/91 39.92 TERRY RAMIREZ. 017050 11/14/91 155.00 RA~IINSON'S IAUNORY 017055 11/14/91 11.50 ROD'S RENTAl AND REPAIR 017285 11/14/91 250.00 SILVERFlEET SYSTEMS 018465 11/14/91 357.90 SLATER CONNUNICATIONS 018522 11/14/91 533.60 STATE COURT AONIN 018746 11/14/91 30.00 TEN SPEED PRESS 019059 11/14/91 9.86 UNOCAL:ERNIE GRAHAM 020010 11114/91 506.33 HELEN D. BOYLE-ULVERSCROFT 020027 11/14/91 180.00 US ~EST DIRECT 020092 11/14/91 8.70 VALLEY WELDIN6 SUPPLY 021050 11/14/91 8.70 WDBRN COAST TO COAST 022540 11/14/91 343.00 ~DBRN INOEPENDENT 022630 11/14/91 15.00 WO8RN PNARN 022680 11/14/91 54.97 WOODBURN TRUE VALUE 022750 11/14/91 12.58 YES GRAPHICS 024025 11/14/91 5.00 US POST OFFICE 022090 11/15191 141.56 PNUS-A~A 000660 11/15/91 55.00 LEAGUE OF OREGON CITIES 011110 11/18/91 352.06 POSTA6E BY PHONE 015466 11/19/91 800.00 FIRST INTERSTATE BANK 005140 11/19/91 91.50 SECRETARY OF STATE 014480 11/19/91 20.00 MARVIN DANIELS 003035 11/20/91 200.00 US POST OFFICE 022090 11122191 157.09 LT. DON EUBANK 004280 11/22/91 5,000.00 CHIEF KEN WRIGHT 022830 11/22/91 28,000.00 CITY OF HOOOBURN 015255 11/25/91 174.68 WOOOBURN HIGH SCHOOL 022515 11126/91 75.00 SEATTLE SUPERSONICS 11/26/91 132.00 US POST OFFICE 022090 11/25/91 157.89 /AIRY FI6LEY 11/27/91 142.15 RUTH N. CARROLL 11/27/91 500.00 HORIZON CONSTRUCTION 11/27/91 19,345.80 TIS BUSINESS SERVICES 11/27/91 113.10 PORTLANO PRECISION INST. 11/27/91 302.16 ANERICAN CHEMICAL SOCIETY 11/27/91 38,99 OSU CHEMICAL APPLICATORS 11/27/91 220.00 RON'S TOOL ANO SAW 11/21/91 12.00 LESCO, INC 11/27/91 269.50 OREGON APCO 11/27191 15.00 NETRO NATOA 11/27/91 30.00 2131191 Standard report A P CHECK LISTING !NOVEMBER ~1991 Page 3 :heck Number 12482 12483 12484 12485 12486 12487 12488 12489 12490 12491 12492 12493 12494 L2495 12496 12497 12498 12499 12500 12501 12502 12503 12504 12505 12506 12501 12508 12509 12510 12511 12512 12513 12514 12515 12516 12517 12518 12519 12520 12521 12522 12523 12524 12525 12526 12527 12528 12529 12530 12531 12532 12533 Budgetary Account Number CONF/TRANSIT SIOEWALK SUBSIDY SERV/WATER SERV/VARIOUS SERV/VARIOUS TRAINING/PARKS SUPPL/BUILDIN6 INSP SUPPLIES/W~TP SERV/FIMANCE SERV/VARIOUS SUPPLIES/LIB SERV/WUTP SUPPLIES/VARIOUS SERV/ENGINEER TRAVEL/ADMIN SERV/VARIOUS SUPPLIES/~ATER MAINT/VARIOUS SUPPL/COUE IMF SUPPLIES/POLICE SUPPLIES/VARIOUS TRAVEl/FINANCE SERV/POLICE SERV/VARIOUS SUPPL/POLICE SUPPL/~TR SUPPL/COURT SUPPL/POLICE SERV/VARIOUS SUPPI/PUBLIC WORKS SERV/STREET SERV/COURT SERV/ATTNY SUPPL/W~TP SERV/VARIOUS SUPPl/lIB SUPPl/STREET SERV/W~TP SERV/PUBIIC ~ORKS SERV/POIICE SERV/ATTNY SERV/VARIOUS SUPPI/VARIOUS SERV/~ATER SUPPL/~ATER SUPPLIES/UWTP SERVIVARIOUS SERV/VARIOUS SERV/TRANSIT SERV/~TR SUPPL/BI06 SUPPL/FINANCE Vendor Name Vendor Number Check - Date Written Amount of Check TRANSPORTATION RESEARCH INST. 11/27/91 240.00 CLARKE BERRYMAN 11/21/91 SO0.O0 A & A ORILLING SERV. O00010 11/27/91 2,480.00 AIEXANOER & AIEXANOER 000140 11/27/91 500.00 ALEXANDER & ALEXANDER 000141 11/27/91 289.80 AMERICAN RED CROSS 000280 11/21/91 37.50 ROBERT ARZOIAN 000536 11/27/91 10.00 AUTOMATEO OFFICE SYST 000543 11/27/91 13.22 A~AROS AND ATHLETICS 000580 11/27/91 10.00 A T & T I#FORMATION SYST 000620 11/27/91 3,130.14 BI-MART 001275 11/27/91 17.36 BLUE RIBBON JANITORIAL 001305 11/27/91 260.00 BOISE CASCADE 001340 11/27/91 1,036.46 C2M HILL 002478 11/27/91 2,138.77 CHRIS CHIIOS 002485 11/27/91 12.64 ClS-CITY COUNTY INS. 002488 11/27/91 8,918.58 CONSOIlDATEO SUPPLY 002770 11/27/91 2,548.20 COPY OFFICE PROOUCTS, IHC 002875 11/27/91 178.75 MICHAEl CULVER 002932 11/27/91 45.97 OARE AMERICA 003037 11/27/91 2,488.32 DE HAAS & ASSOC 003108 11/27/91 1,430.51 EOEfl SYSTEMS 004065 11/27/91 114.41 FARMERS Oil 005040 11/27/91 116.80 FIRST BANK OF MARIETTA 005133 11/27/91 178.87 FIOMER FURNITURE 005180 11/27/91 178.00 FREUNO CAN CO 005253 11/27/91 43.75 FORM SERVICE CORP 005254 11/27/91 228.80 FOTO MAGIC 005258 11/27/91 39.07 GTE MOBILENET 006373 11/27/91 367.46 INNAC 008120 11/27/91 179.00 KIZER EXCAVATING 010056 11/27/91 66,384.03 NSI GROUP 012015 11/27/91 125.00 MARION COUNTY FISCAL SERV 012140 11/27/91 72.00 MARYATT INDUSTRIES 012240 11/27/91 404.25 NPA ~EST 013389 11/27/91 775.00 OFFICE CLUB 014029 11/27/91 419.36 OREGON CULVERT 014145 11127191 330.00 ORE ECONOMIC OEVEIOPMENT 014170 Ll/27/91 41,634.10 OR STATE HIGHWAY DEPT 014260 11/27/91 50.00 ORE SECRETARY OF STATE 014480 11/27/91 20.00 ORE60N STATE BAR 014500 11/27/91 10.00 US WEST COMMUNICATIONS 015030 11/27/91 612~15 PACIFIC PRINTERS 015058 11/27/91 78.95 PLANK CO 015338 11/27/91 32.00 PLATT ELECTRIC 015340 11/27/91 25.60 PIONEER ELECTRONICS 015345 11/21191 4,40 PGE 015420 11/27/91 13,574.51 PTI COMMUNICATIONS 015580 11/27/91 120.00 R ~ R UNIFORNS 017003 11/27/91 30.97 RAWLINSON'S LAUNORY 017055 11/27/91 5.95 RICE SAFETY EQUIP 017200 11/27/91 269.94 ROTH'S IGA 017340 11/27/91 39.74 Sta,dard ,e,ort Page Check #umber Budgetary Account Number 12634 SERVlTRANSIT 12536 SERV/~ATER 12636 SERV/POL/CE 12637 SERVILI8 125:68 SERVICOURT 12639 SERVI~TP 125,10 SERV/6ARA6E 1251! SERV/VARIOUS 125,12 SERVI~TP 12513 SERV/~TP 12514 SUPPLI~TP 125l$ SUPPL/PARKS 12516 SOPPL/FXNANCE 12S17 CONFERENC£/POLICE Vendor Name Vendor Number Check - DaCe Written Amount of Check LES SCHWAB TIRE CENTER 0]8300 11/27/91 80.52 SERVICENTER 018360 11/27/91 298.50 S[LVERFLEET SYST 018465 11/27/91 1,757.22 SUPPLY~RYS 018845 11[27/91 209.00 ROBERT E. THO#AS III 019138 11/27191 160.00 TOWN G COUNTRY PEST CONTROL 019190 H/27/9! 375.00 UNOCAL: ERNIE GRAHAN 020010 11/27/9! 207.48 UNITED OISPOSAL 020020 ~1/21/91 816.95 US ~EST DXRECT 020092 H/27/91 296.26 ~ASTE~ATER #ET~ORK 022053 11127/9~ 625.00 flOLFERS HEATXN6 022460 11/27191 21.80 ~0OOBUR# LUN8ER 022660 11/27/91 50.50 ~OODBURN OFFICE SUPPLY 022610 11/27/91 4.00 CHIEF KENI ~RIOHT 022830 1~/21/91 20.55 329,832.7! MEMO TO: FROM: City Council through the City Administrator for information Public Works Program Manager SUBJECT: Water Testing for Lead and Copper DATE: January 3, 1991 One segment of the Safe Drinking Water Act (SDWA) of 1986 was regulation of the amount of lead and copper in drinking water. The U.S. Environmental Protection Agency (EPA) published the final rule in June, 1991 and the city will have to begin testing after July 1, 1992. Samples will be required to be taken from residential taps. Samples will be required from high risk locations which are defined by EPA as homes with lead solder installed after 1982 for the City of Woodburn. Since lead solder was banned in Oregon in 1984, samples will be required from homes built between 1982 and 1984 and as close to 1982 as possible. One liter first draw water samples are required to be taken from the cold water kitchen or bathroom tap. To be a first draw water sample, the water must have remained motionless in plumbing pipes for at least six hours before a sample is taken. Given this condition, the sample will have to be taken by the residents of the identified homes. A minimum of 60 samples will be required in each of the July to December, 1992 and January to June, 1993 time periods. Public Works plans to obtain all samples during the first month of these six-month testing cycles. Further testing requirements, number of samples and frequency, will be determined following this initial series of tests. Candidate homes will be identified from service connection records maintained by the water division. Initially, in February, 150 homes will be identified and will be mailed letters asking them to participate in the water sampling program. From this group we hope to identify 90 homes whose residents are willing to take the samples. Prior to the start of sampling, the water division will visit each residence, provide sampling materials, instruct residentS on proper procedures and, if possible, take a scrapping sample of an exposed joint to insure that the solder used contained lead. The city must certify that proper sampling procedures were provided to the residents who take the samples. Water division personnel will pick up the sample and submit it for analysis. Residents will be provided the results of their sample if they desire. Due to the pH of the city water supply, average at about 7.6, we do not anticipate any problems with the lead limit of 15 parts per billion. Historically, however, some source waters with this pH have had problems with copper but the copper limit of 1,300 parts per billion is relatively high since the dangers associated with copper are much less serious than those associated with lead. Council will be kept informed of the progress and results of the lead and copper testing program. RR:Ig LEAD'PR.CC MEMO TO: FROM: RE: DATE: MAYOR AND CITY COUNCIL N. ROBERT SHIELDS, CITY ATTORNEY EMANUEL HOSPITAL V. CITY OF WOODBURN DECEMBER 19, 1991 I am pleased to inform you that the Oregon Court of Appeals recently ruled that the city is not legally liable for emergency medical expenses in the Emanuel Hospital case. Ironically, the same court ruled that there were insufficient facts for the trial court to conclude that Marion County was not liable and, therefore, sent the matter back to Marion County Circuit Court for trial. There is, of course, a possibility that the ruling in the city's favor will be again appealed to the Oregon Supreme Court. The fact that the 1991 legislature changed the law in this area might make appeal less likely. I will keep you informed as to the status of the case. Since the liability exposure in this matter approached $40,000, the Court of Appeals decision is good news for Woodburn taxpayers. NRS/kv cc: Chris Childs, City Administrator l[r To: From: Date: Subject: Frank Tiwari, Public Works Director Frank Sinclair, POTW Superintendent 1/3/92 POTW Permit Fee Increases The 1991 Legislature has increased the state wide permit fees for Publicly Owned Treatment Works by a total of $936,000. The increase will result in permit fee increases to about 60 waste water treatment facilities in the state. The City of Woodburn POTW is one of the facilities which will have fee increases. The total amount of the permit fee, for the City of Woodburn, is estimated to increase to $24,865. BACKGROUND In 1990 The Department of Environmental Quality increased the permit fee from $500.00 per year to $7620.00 per year. Like the 1990 increase the current increase would fund DEQ activities where other revenue sources such as general funds and grants have decreased. The activities carried on by DEQ are mandated by congress so if DEQ cannot find a funding source then EPA will carry on the activities and charge the municipalities accordingly. It would be difficult to determine which agency could perform the activities more cost effectively. However, EPA has no personnel to perform activities of the nature performed by DEQ. In the past when EPA has performed DEQ's activities they have contracted with private firms. DEQ did not ask the City to develop an opinion on the estimated fee increase. However, the increase does seem to be unreasonable and no justifying evidence is presented. DEQ is forming a technical advisory committee to ensure that the increased costs are distributed fairly. I recommend that an individual from the City of Woodburn be on that committee. / December 13, 1991 RECEIt/ED DEC I § lggl, DEPARTMENT OF ENVIRONMENTAL QUALITY Re: Municipal Permit Fee Increases The 1991 Legislature approved a budget which calls for an increase in municipal permit fees by a. total amount of $936,000. This increase will help provide essential revenues necessary for the Department's water quality program to perform municipal permitting and compliance determination activities. Major activities include processing and evaluation of new permit applications, permit renewals, and requested permit modifications and annual determination of compliance with permit requirements including operation of treatment plants and sewer systems, and implementation of applicable sludge and pretreatment programs. The new fee revenues will be used to offset increased costs for funding current program activities and to fund additional staff. Many current program activities are funded in part by fees but also by State general fund revenues and by grant monies from the U.S. Environmental Protection Agency. In recent years both general funds and grants have decreased as a proportion of budgeted amounts for municipal permitting activities, consequently, fees are expected to fund an increasing proportion of these essential activities. Water Quality Division staff are aware that most cities and special districts are now initiating annual budget preparation and that any projected permit fee increases should be included in the budget calculations as early as possible. For this reason, projected increases have been made for every public and private domestic waste discharge permittee in the state. 811 SW Sixth Avenue Portland, OR 97204-1390 (503) 229-5696 DEQ-1 ~ /D Page 2 DEQ anticipates very substantial fee increases for permitted facilities with dry weather design flows of one million gallons per day (1 MGD) or larger. This amounts to approximately 60 facilities statewide and includes your facility. A very preliminary estimate of new annual compliance determination permit fees for your community is $24,865 . We estimate the monthly cost per household for the affected communities will range from about 6 cents per month to 34 cents per month. We are not proposing fee increases for communities with dry weather design flows of less than 1 MGD. DEQ will convene a technical advisory committee by mid-January 1992 to begin considering various strategies to ensure that increased costs are fairly distributed among permittees. Although the committee has not been formed, the membership will include representation from both small and larger communities and representation from eastern and southern Oregon, the Willamette Valley and the Oregon coast. After technical advisory committee work is completed, public hearings will be held and a specific fee increase proposal will be made to the Environmental Quality Commission (EQC). EQC action will be scheduled for June 1992. Technical advisory committee meeting schedules and agendas will be forwarded to all permittees and other interested persons. Your attendance will be welcome. If you have questions or require clarification, please call Tom Lucas at 229-5065. Sincerely, ~ R. Taylor Administrator Water Quality Division LRT:TJL:crw MW\WC9\WC9426 MEMO TO: FROM: SUBJECT: DATE: Community Development Director Bob Arzoian, Building Inspector Building Activity for DECEMBER 1991 January 6, 1992 New Residence Value Multi Family Residential Adds & Alts Industrial Commercial Value Signs, Fences, Driveways Accessory Structures Mobile Homes DECEMBER 1989 No. Dollar Amt 0 $ 0 0 0 2 1,200 0 0 4 154,400 2 3,143 0 0 5 147,000 DECEMBER 1990 No. Dollar Amt I $1,000,000 0 0 5 58,000 0 0 0 0 2 56,000 0 0 4 144,000 DECEMBER 1991 No. Dollar Amt 3 $ 270,000 21 648,000 2 11,000 4 35,825 3 2,433,000 2 1,800 2 14,200 2 57,000 TOTAL: 13 $ 305,743 3 $ 358,000 29 $ 3,470,825 July 1-June 30 Fiscal Year-to-Date $2.070.376 $ 2.122.633 $8.243.08~1 Robert Arzoian Building Official RS:Ig BLDAGT11.91 ..ME. MO TO: FROM: SUBJECT: DATE: Planning Commission and City Council through City Administrator Code Enforcement Section Monthly Report for December, 1991 January 6, 1991 This monthly report encompasses Code Enforcement activities from December I - 31, 1991. Code Enforcement responded to or self initiated 86 cases. There are 4 cases (previous months' violations) still under investigation which must be cleared by the court. ABATED/ CASES CLEARED CITATIONS 26 19 0 0 7 5 0 2 2 0 13 12 0 PUBLIC PROPERTY VIOLATION: These cases include storage of motor vehicles, boats, trailers, abandoned autos, etc. on public street or public property. Vehicles TOWED due to a violation on public streets/property. PRIVATE PROPERTY ABATE NUISANCES: These cases include articles on private property labelled as junk, old cars, car parts, miscellaneous debris wood, tires, any type of debris that lessens the aesthetics of the property. HEALTH HAZARD: These cases involved solid waste products (garbage) and other refuse which create a public health hazard and a habitat for rats; also human defecation and open septic tank(s) related to housing problems. LAND USE VIOLATIONS: Involve zoning ordinance violations such as a single family unit being used as a multifamily unit, residential units operating as commercial businesses in a residential zone, traffic safety involving line of sight at intersections, and vehicle(s) being parked on landscaped areas. 0 0 0 DANGEROUS BUILDING: Where building or structure has been so damaged by fire, wind, earthquake or flood or has become so dilapidated or deteriorated to become an attractive nuisance to children, vagrants, or migrants affecting public health, etc. REPT12.91 - 1 - ABATED/ CASES 0 25 0 Settl~mier Park 57 CLEARED 0 2S Legion Park 55 125 CITATIONS 0 0 0 Co-~munity Center 13 ./ S INDUSTRIAL WASTE: Was disposed of through the City's storm drain system. ANIMAL CONTROL: These include but are not limited to dogs barking/running at large, vicious/menacing animals, follow up cases on animal control involving cruelty for Woodburn Police Dept. Dog licenses sold to public, dogs released to owners and pay- ments of impound fees. Related duties involving livestock. CITY PARK VIOLATIONS: General rules and regulations affecting rules of conduct within Woodbum City Parks. City Parks security checks (drive through) 0 CASEs 5 CO--CT CUT crrAT[ONS 0 oBNoxious VEGETATION: This includes weeds, tall grass, poison oak, poison ivy, blackberry bushes and other vegetation located on private properties from May 1 through September 30. ASSIST OTHER AGENCIES: SuCh agencies as the Woodbum Police Dept, Woodbum Fire District, Marion County Health Dept, Marion County Housing Authority, Deparm~ent of Labor and Industries, Accident Prevention Division, and Woodbum Building Department. CASES 8 crrATIONS 0 MISCRI.IANEOUS VIOLAIlONS: Public indecency, no merchant's license, peddlers, etc. REPTi~2.91 - 2 -