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Agenda - 06/08/1992 C~'Y OF ~D~R~ ~?~ ~)~'~E~Y ~' * ~D~RH, ~ CALL TO ORDER AND FLAG SALUTE MINUTES A. Council minutes of May 26, 1992 regular meeting and June 1, 1992 executive session. B. Library Board minutes of May 27, 1992. 3A 3B APPOINTMENTS AND ANNOUNCEMENTS Cable TV Advisory Board meeting, Wednesday, June 10, 1992, at 5:30 pm at City Hall. COMMI'I-rEE REPORTS A. Chamber of Commerce B. Woodburn Comeback Campaign QQMMUNIQATIONS A. Written - Memo regarding correspondence from James O. Clark, III. 6A BUSINESS FROM THE PUBLIC (This allows public to introduce items for Council consideration not already scheduled on the agenda.) PUBLIC HEARINGS A. Proposed C.O.G. Charter Agreement/Bylaw Changes 8A 9. TABLED BUSINESS Page 1 - Woodburn City Council Agenda - June 8, 1992 10. 'GENERAL BUSINESS A. Council Bill No. 1393 - Ordinance approving C.O.G. charter agreement. B. Council Bill No. 1394 - Resolution authorizing cable television consultant agreement with Stephen Jolin. Council Bill No. 1395 - Resolution authorizing Grace Village property management agreement with Brice Investment Realty. Council Bill No. 1396 - Resolution authorizing engineering report for special assessment related to traffic signal at K-Mart/Bi-Mart access to Hvvy 214. Request to extend city insurance coverage to include 4th of July city-wide picnic and fireworks show. F, Connection fee payment - Habitat for Humanity, G. Acceptance of water main easement from HWl. 10A. lOB 10C 10D 10E 10F 10G 11. APPROVAL OF CLAIMS 12. PUBLIC COMMENT 13. NEW BUSINESS 14. SITE PLAN ACTIONS 15. 16. 17. 18. STAFF REPORTS A, Building Activity Report for the month of May 1992, B, Status report on Can Subdivision, EXECUTIVE SESSION ORS 192.660(1)(e) To conduct deliberations with persons designted by the governing body to negotiate real property transactions. MAYOR AND COUNCIL REPORTS ADJOURNMENT 15A Page 2 - Woodburn City Council Agenda, June 8, 1992 COUNCIL MEETING MINUTES May 26, 1992 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MAY 26, 1992. OOO3 CONVENED. The Council met in regular session at 7:00 p.m. with Council President Jennings presiding. 0010 ROLL CALL. Mayor Kyser Absent Councilor Figley Present Councilor Galvin Present Councilor Hagenauer Present Councilor Jennings Present Councilor Sifuentez Present Councilor Steen Present Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Finance Director Gritta, Police Chief Wright, Library Director Sprauer, Public Works Manager Rohman, City Recorder Tennant. 0020 0O46 MINUTES. FIGLEY/SIFUENTEZ .... approve the Council regular and executive session minutes of May 11, 1992; and accept the Planning Commission minutes of May 14, 1992. The motion passed unanimously. PRESENTATION OF AWARD - PLANNING COMMISSION MEMBER OZZlE VALLIERES. Community Development Director Goeckritz informed the Council that Ozzie Vallieres, who has been a Planning Commission member for 15 years, will soon be moving to Idaho to live closer to family members. Council President Jennings presented Mr. Vallieres with a plaque in appreciation for all his time and effort in serving on the Commission. 0114 REAPPOINTMENT OF RSVP ADVISORY COUNCIL MEMBERS. The following individuals were recommended for reappointment to the RSVP Advisory Council: Fran Anderson, Beverly Bettis, Bob Johnston, Jim Lorimer, Dalia Torres, and Adele Dioda. FIGLEY/SIFUENTEZ... recommendation for reappointment of RSVP Advisory Council members be accepted. The motion passed unanimously. Page I - Council Meeting Minutes, May 26, 1992 COUNCIL MEETING MINUTES May 26, 1992 TAPE READING 0134 ANNOUNCEMENTS. The Woodburn Police Department will hold their annual Open House on Saturday, May 30, 1992, from 10:00 am to 2:00 pm. A Special Council meeting will be held on Monday, June 1, 1992, 7:00 p.m. for the purpose of holding an Executive Session to discuss labor negotiations. The next meeting of the Cable TV Advisory Committee is scheduled for Tuesday, June 2, 1992, 7:00 p.m., at City Hall. 0182 WOODBURN TOGETHER COMMITTEE. Tom Sauvain, representing the Woodburn Together Committee, stated that the committee was formed by concerned citizens, school counselors, and city staff members and is affiliated with Oregon Together - Communities for Drug Free Youth. He stated that after attending a seminar on this project in December 1990, it was obvious that Woodburn met the criteria for most of the 16 risk factors for youthful drug abuse. The Committee has decided to focus on the following 4 risk factors: (1) early first use of drugs, (2) alienation, rebelliousness, lack of social bonding, (3) family management problems, and (4) Iow neighborhood attachment and Community Disorganization. The Committee has applied and received a $5,000 grant, some of which has been used to purchase learning materials for the schools and also the establishment of a $1,450 scholarship fund. In addition, the committee is in the processing of filing the IRS 501CR to establish the non-profit corporation status to pursue additional grant funds. The long-term goal of the committee is to look for activities in which people can go and do things socially with other people. Nancy Kirksey, member of the'Woodburn Together Committee, stated that Kennewick, WA, is a model community on how community commitment makes adifference. She encouraged the Council to give the necessary administrative support with this project and requested the community to help the committee in any way they can to assist the committee in achieving their goals. O370 HABITAT FOR HUMANITY PROJECT REPORT. Ismael Villastrigo, representing Habitat for Humanity, stated that this non-profit corporation builds homes for needy families through donations and volunteer labor. Last year, a home was built ohS. Front Street and this year, the organization has purchased two parcels of property. A home is currently being built on Bradley Street for a local family and the second home will be built later this year on Brown Street. He requested assistance from the City in the area of hook-up and permit fees. In addition, he requested the Police Department to watch out for children that may be playing at or around the building site. Page 2 - Council Meeting Minutes, May 26, 1992 COUNCIL MEETING MINUTES May 26, 1992 TAPE READING Discussion was held regarding the assistance given to the organization last year. The staff will report back to the Council at the next meeting. 0636 Al Nunez, representing Farmworker Housing Development Corporation (FHDC), presented the Council with a development proposal for the Grace Village site. He stated that FHDC is a non-profit organization which has been approved for a $250,000 grant from the State Housing Agency and that they have been approved funding for a $852,886 Federal Home Loan Bank Board loan. The proposed development would consist of 90 units with on-site day care and a multi-purpose building. The development would be built in two phases with the second phase to be funded through a different financial source such as Farmers Home Administration. The FHDC is committed to an intense on-site property management program. Attorney Shields stated that even though the Council had instructed the City Administrator to proceed with contacting the State regarding the sale of the property, the Council could elect to hold a workshop to further discuss the current development proposal. Mr. Nunez stated that, in his opinion, if the Council sold the property to a developer, there would probably be 200 or more units placed on the property in order to make the development profitable. During a brief discussion period, several Councilors expressed an interest in pursuing a workshop which would include representatives from the County, State Economic Development, and FHDC to further clarify the each agencies potential responsibilities regarding this development. 1145 FIGLEY/SIFUENTEZ .... Administrator be directed to arrange a meeting between representatives from FHDC, State of Oregon Economic Development, a representative from the Marion County Commissioner's Office, and the City for a public workshop to discuss the topic of the proposal for the Grace Village site. The motion passed unanimously. 1160 Miguel Salinas, 8420 Cason Lane, Gladstone, stated that he has family ties in Woodburn and commended FHDC for their presentation on the proposed multiple housing unit development. He requested the Council to give FHDC both administrative and morale support towards the proiect. He also stated that the Latin American Club was in full support of FHDC's proiect which would meet the needs of farmworkers in the area. 1251 EXECUTIVE SESSION. FIGLEY/SIFUENTEZ .... adiourn to executive session to consult with legal counsel concerning the legal rights and duties of a public body with regard to Page 3 - Council Meeting Minutes, May 26, 1992 COUNCIL MEETING MINUTES May 26, 1992 TAPE READING current litigation and litigation likely to be filed under the authority of ORS 192.660 (1)(H). The motion passed unanimously. The meeting adjourned to executive session at 7:41 p.m. and reconvened at 8:33 p.m.. 1269 FIGLEY/GALVIN... ratify the decision of the City Administrator on the advice of legal counsel not to release as a public record the Cable TV application materials received from North Willamette Telecom. The motion passed unanimously. 1301 CABLE TV FRANCHISE CONSULTANT. Administrator Childs read his memo to the Council regarding his recommendation to retain Stephen Jolin, MuniCom Communications Management, to assist the staff in the application procedure, review and evaluation of the North Willamette Telecom application, and completion of the franchise renewal process for Northland Cable Television. Administrator Childs also suggested that the proposed costs for the consultant contain a "not to exceed" clause. FIGLEY/SIFUENTEZ... recommendation of the City Administrator be accepted to retain Stephen Jolin to do the tasks outlined in the memorandum. FIGLEY/SIFUENTEZ .... amend the motion to add that Attachment I be included in the contract with the addition of "not to exceed" after each of the totals listed. The motion to amend passed unanimously. The motion as amended passed unanimously. 1529 COUNCIL BILL 1389 - ORDINANCE AMENDING ORDINANCE 2060 (THE PARK 1659 ORDINANCE). Council Bill 1389 was introduced by CouncilorHagenauer. The two readings of the bill were read by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1389 passed unanimously. Council President Jennings declared the bill duly passed with the emergency clause. COUNCIL BILL 1390 - ORDINANCE PRESCRIBING THE METHODS AND PROCEDURE FOR REGULATING ALARM SYSTEMS IN THE CITY OF WOODBURN. Council Bill 1390 was introduced byHagenauer. The two readings of the bill were read by title only since there were no objections from the Council. Page 4 - Council Meeting Minutes, May 26, 1992 COUNCIL MEETING MINUTES May 26, 1992 TAPE READING Chief Wright stated that the intent of this bill is not to discourage the use of alarm systems, rather, owners of alarm systems maintain the systems to reduce the number of false alarms. On roll call vote for final passage, Council Bill 1390 passed unanimously. Council President Jennings declared the bill duly passed. 1755 COUNCIL BILL 1391 - ORDINANCE PROPOSING ONE-YEAR OPERATING TAX 1840 LEVY IN THE AMOUNT OF $1,391,506 AND CALLING FOR SPECIAL ELECTION ON JUNE 30, 1992. Councilor Hagenauer introduced Council Bill 1391. The two readings of the bill were read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Council President Jennings declared the bill duly passed with the emergency clause. COUNCIL BILL 1392 - RESOLUTION ENTERING INTO AN AGREEMENT WITH A 1938 1960 T & T FOR ON-LINE INTERPRETER SERVICES. Council Bill 1392 was introduced by Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. Police Chief Wright stated that the interpreter service would be available on a 24-hour basis with access to approximately 135 languages and dialects. The Police Department and 9-1-1 Center will be the primary users of the service, however, all city departments will be able to utilize the service. On roll call vote for final passage, Council Bill 1392 passed unanimously. Council President Jennings declared the bill duly passed. REQUEST FOR STREET CLOSURE - ALEXANDRA COURT. Chief Wright recommended Council approval of a request from residents of Alexandra Court to close the cul-de-sac on July 4th from 10:00 a.m. to 10:00 p.m. for the purpose of allowing the residents to hold their annual neighborhood party and allow the use of a barricade/street closed sign. FIGLEY/SIFUENTEZ... approve the recommendation of the Chief to allow the closure of Alexandra Court from 10:00 a.m. until 10:00 p.m. and the use of a "street closed" sign. The motion passed unanimously. REQUEST TO SUBMIT OPERATING AND CAPITAL ASSISTANCE GRANTS FOR TRANSIT PROGRAM. The staff requested authorization to submit grant applications to the State Transportation Department for fiscal year 1992-93 to continue operating assistance grant funds and to apply for a capital assistance grant for the purchase of a new bus. Page 5 - Council Meeting Minutes, May 26, 1992 COUNCIL MEETING MINUTES May 26, 1992 TAPE READING FIGLEY/SIFUENTEZ .... approve the submittal of two grant applications - one for capital assistance and one for the continuation of an existing operating assistance grant. The motion passed unanimously. 1986 APPROVAL OF SALARY STEP INCREASE. Administrator Childs recommended the approval of a salary step increase to Finance Director Gritta pursuant to Section 3 of Resolution 1081. FIGLEY/SIFUENTEZ... approve a salary step increase to Finance Director Gritta retroactive to May 1, 1992. The motion passed unanimously. 2020 CLAIMS FOR THE MONTH OF APRIL 1992. SIFUENTEZ/FIGLEY .... approve voucher checks #14232 - 14659 in the amount of $292,083.49 for the month of April 1992. The motion passed unanimously. 2046 SITE PLAN ACTION - SMUCKER'S EXPANSION (CASE #92-07). Councilor Jennings expressed his appreciation on the in-depth work done by the Planning Commission on this particular site plan. No action was taken by the Council. 2112 STAFF REPORTS. The following staff reports were submitted to the Council as informational items: (1) Public meeting in Woodburn on the Multimodal System Element of the Oregon Transportation Plan to be held on June 15, 1992, 7:30 p.m., in the City Hall Council Chambers; (2) Donations received to date towards the D.A.R.E. Program (Drug Abuse Resistance Education); (3) Final Plat approval of Smith Addition No. 4 (Subdivision 92-02); and (4) Status Report of Transportation Modeling Program. 2180 ADJOURNMENT. The meeting adjourned at 8:59 p.m.. APPROVED FRED W. KYSER, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 6 - Council Meeting Minutes, May 26, 1992 Executive Session SPECIAL COUNCIL MEETING MINUTES June 1, 1992 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 1, 1992. CONVENED. The Council met in special session at 7:15 p.m. with Mayor Kyser presiding. The purpose of the meeting was to hold an executive session on issues pertaining to labor negotiations. ROLL CALL. Mayor Kyser Present Councilor Figley Present Councilor Galvin Absent Councilor Hagenauer Present Councilor Jennings Present Councilor Sifuentez Present Councilor Steen Absent Staff Present: City Administrator Childs, Police Chief Wright, City Recorder Tennant. Labor Negotiator: Don Scott, Scott & Associates EXECUTIVE SESSION. JENNINGS/FIGLEY... adjourn to executive session to conduct deliberations with persons designated by the governing body to carry on labor negotiations under the authority of ORS 192.660 (1)(d). The motion passed unanimously. The Council adjourned to executive session at 7:18 p.m. and reconvened at 7:38 p.m.. The executive session convened at 7:20 p.m.. Don Scott provided the Council with a status report on the current labor negotiations between the Woodburn Police Association and the City. The executive session concluded at 7:38 p.m.. Following the conclusion of the executive session, no action was taken by the Council. ADJOURNMENT. The special meeting adjourned at 8:32 p.m.. APPROVED A'I-rEST Mary Tennant, Recorder City of Woodburn, Oregon FRED W. KYSER, MAYOR Page 1 - Executive Session, Special Council Meeting Minutes, June 1, 1992 Executive Session COUNCIL MEETING MINUTES May 26, 1992 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MAY 26, 1992. CONVENED. The Council met in executive session at 7:43 p.m. with Council President Jennings presiding. ROLL CALL. Mayor Kyser Absent Councilor Figley Present Councilor Galvin Present Councilor Hagenauer Present Councilor Jennings Present Councilor Sifuentez Present Councilor Steen Present Staff Present: City Administrator Childs, City Attorney Shields, City Recorder Tennant. Press: Lisa Williams-Fridley, Statesman-Journal The Council met under the authority of ORS 192.660 (1)(H) to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation and litigation likely to be filed. Attorney Shields provided the Council with a status report on the Emanuel Hospital litigation pending review in the Oregon Supreme Court. Attorney Shields also reviewed potential litigation as a result of the Cable TV franchise issue. ADJOURNMENT. The executive session adjourned at 8:32 p.m.. APPROVED FRED W. KYSER, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - Executive Session, Council Meeting Minutes, May 26, 1992 MINUTES MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD DATE: ROLL CALL: May 27, 1992 Phyllis Bauer - Present Nancy Bowman - Present Gloria Predeek - Present Jean Weatherill- Present Jan Zyryanoff - Present STAFF PRESENT: Linda Sprauer, Director Judy Coreson, Recordin§ Secretary GUESTS: Linda Watson, Children's Librarian CALL TO ORDER: President Phyllis Bauer called the order at 12:00 Noon. meeting to SECRETARY'S REPORT: The monthly Board minutes of April approved as submitted. 22, 1992 were DIRECTOR'S REPORT: Monthly Statistics: self-explanatory. The monthly statistics were Activities: Linda Watson, Children's Librarian, attended the meeting to report on the Summer Reading Program, "The Great Summer Escape!". Children may begin to sign up on Friday, June 12. English and Spanish Storytimes are scheduled. "Circle of Friends", a 45 minute presentation of interactive music, stories, languages, games and movement by Justin Miera, is scheduled for June 16. Pat Beaman from the Humane Society will be here on July 7. "The Magic of Reading Show" presented by Steven Taylor will be July 16. There will be a Baseball Card Swap with Tim Ohlstead on July 21. Book Detection System Demo: Linda will give a demo of the book detection ~ystem to the Board following the meeting. OLD BUSINESS: Clackamas Network Conference: Gloria Predeek reported on the sessions she attended on May 8. NEW BUSINESS: Friends of the Library Book Sale: The Friends of the Library made $400+ on the book sale on Friday and Saturday, May 1 and 2nd. ILL Code for Oregon Libraries: Linda read her memo to the Board concerning the adoption of the new Interlibrary Loan Code for Oregon Libraries. Linda responded to the Oregon Library Association with an endorsement to the code, since this library is already following the provisions of the code. Linda proposed dropping charges to patrons for ILL costs and return postage as stated under Cost section of the Code. It very likely costs more in staff time to collect the money than is realized in revenue. Approval was by consensus. Letter of Appreciation: A letter of appreciation to Marjorie Goldsberry, Personal Representative of Roy F. Sunderland Estate, was signed by President Phyllis Bauer. Mr. Sunderland bequeathed 9 boxes of books to the library. Board Member Moving: Jan Zyryanoff will be moving out of the City limits and will be resigning from the Board in September. BUSINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: None ADJOURNMENT: The meeting was adjourned at 1:05 PM. Respectfully Submitted, Judy Coreson Recording Secretary Library Board Minutes - 5/27/92 TO: FROM: SUBJ.: DATE: MEMO Mayor and City Council Chris Childs, City Administrator ~ Correspondence - James O. Clark II June 3, 1992 We have received a letter from James O. Clark II, of 1468 Woodland Avenue, dated 5/29/92 and addressed to the Mayor and Council. Due to the length of Mr. Clark's letter (4 pages), it is not included in the agenda packet. However, the letter is available for review by Council members. Mr. Clark's concern involves the storage of construction materials on an unimproved street right-of-way near his residence. City staff has been responsive to past concerns expressed by Mr. Clark as they are in the present instance, also. MEMO TO: FROM: SUBJ.: DATE: Mayor and City Council Chris Childs, City Administrator Public Hearing - Mid-Willamette C.O.G. Bylaw Changes June 4, 1992 The Mid-Willamette Council of Governments (C.O.G.) has requested that all member government entities, including the City of Woodburn, take appropriate official action to approve a revised Charter Agreement for the C.O.G. organization. Such approval is properly accomplished by Ordinance, which is reflected as a Council Bill included with this agenda. Our own rules do not require a public hearing to enact an Ordinance, but the C.O.G. has encouraged the inclusion of a public hearing as an obviously appropriate avenue for any public comment on the matter. Descriptive information accompanying this memo elaborates on the proposed changes to the C.O.G. Charter and discusses to some extent the direction of the organization. In addition, Ray Teasley, Economic Development Programs Manager for the C.O.G. has agreed to be available to offer additional information in this regard and to answer any questions Councilors may have. City Attorney N. Robert Shields has reviewed the material and prepared an appropriate Ordinance form. An interoffice memo, discussing Mr. Shields' review of the matter, accompanies the Council Bill. I recommend Council approval of this proposed Ordinance. BACKGROUND This past October the COG began a comprehensive self-evaluation so the member governments could redirect our efforts as they determined. Professional facilitators interviewed a representative sample of a dozen officials of small, mid-size and larger members and sent a survey to every member government. A Steering Committee of eleven elected officials and top administrators reviewed the work. Three subcommittees were formed to review 1) the Charter, 2) the Fee Schedule and 3) COG Goals and the 1992-93 Work Plan. The new fee schedule was adopted January 21, 1992 by the COG Board and promptly sent to all member budget officers for preparation of the 1992-93 budget. The Charter subcommittee report was circulated for several weeks to obtain comment. It was to be adopted at the conclusion of this fiscal year so the new fiscal year can be started with it in place. The Goals process produced three new issues in priority order: Growth and Futures Issues Water Quantity and Quality Street Maintenance, Repair and Design. The Goals were defined as follows. Work plans are in development now with assistance of member governments. Your advice and comment is welcome. GROWTH -- organize and coordinate a program taking a very long range view of growth impacts on air, water, education, health care, human waste, garbage, etc. to assist member governments in making determinations as to the kinds of qrowth, the rate of qrowth and the dispersal of qrowth we wish to provide for and encourage in this region in order to maintain livability. FUTURES -- serve as an umbrella for member governments; help us pull farther away from being provincial. Develop programs and bring experts in futures planning to the area for discussions, seminars and development of specific activities which member governments can undertake to meet future changes in a positive fashion. WATER QUANTITY AND QUALITY -- assist water providers (cities and districts) with long-range plans for provision of the quantities of water necessary to serve the projected population for the region and assist in development of programs to preserve water quality. STREET HAINTENANCE, REPAIR AND DESIGN -- assist member governments who have this responsibility to consider ways of consolidating their services to achieve a lesser cost. Seek improved ways of contract- ing out for services through a single operation. Assist member governments to consider consolidation of design engineering functions where it can be shown to provide economies and greater efficiencies. The above goals are in addition to existing services and programs including: o Economic development plans and programs (small business loans, grant applications, grant management assistance, etc.) for the Marion, Polk, Yamhill area. Assistance with a regional agricultural strategy for Marion, Polk, Yamhill and Benton Counties. Transportation Planning for the Salem/Keizer area. Coordination of support and lobbying for Yamhill County Parkway. Assistance to Polk, Yamhill, Lincoln and Tillamook Counties to meet LCDC Goal 4 related to Forestry. A Water Resources planning effort for Yamhill, Polk and Lincoln Counties. Contract services as requested by members: Mapping Data gathering and analysis Board and/or staff goal setting Board and/or staff team building Land use planning Graphics Reapportionment Street index descriptions. CONCLUSION If you Would like someone from the COG Board or staff to appear at your Council/Board meeting, please call me at 588-6177. We would be pleased to attend. Item 1. 9. 10. 11. Paqes 1 1 1-2 2 2-3 4 4-5 5 PROPOSED CHANGES TO COG CHARTER AND AGREEHENT May, 1992 The word "Charter" is removed throughout. For simplicity the docu- ment is referred to solely as an "Agreement". This is not a substantive change. The "Citation" was edited to make it more readable. The "Authority" section is reworded to include amendments to ORS 190 made by the 1991 Legislature. The principal amendment requires any participant in an intergovernmental agreement creating a separate entity to ratify its participation by adopting an ordinance rather than by acting through a motion or resolution. An ordinance requires a public hearing so that the public can be notified and involved in the decision of the governing body. Ordinances are possible at counties and cities and some special districts. Those special districts who do not have ordinance authority will use a form which best meets their requirements pursuant to advice from their legal counsel. A reference to ORS 190.210 regarding responsibilities of the Executive Department of the State of Oregon is stricken. The State has not been a member since 1981. The "Definitions" section was made shorter and more readable. The section titled "Nature of Agreement" was substantially reduced. The emphasis of the editing was to describe the concept that members should bring proposals to the attention of the COG for the study and recommendation of the members as they may deem desirable. Examples were eliminated. Lines 20 - 22 on page 3 were inserted to specify that an action of the Board of Directors regarding its own internal matters are binding on the COG, although the actions of any committee of the COG are of an advisory nature and not binding. The section titled "Establishment" (history) was made shorter. The "Purpose" section was updated and made shorter. The "Functions" section was substantially edited to bring it up to date with what the member governments want the COG to do. The "Powers" section was amended to authorize the COG to enter into a lease of real property for up to 20 years. The current limitation is 5 years. This section is also amended so that the COG may appoint more than one member government as a service agent for financial, purchasing, personnel, legal and other auxiliary services. The authority to make and amend by-laws consistent with the Charter was eliminated as unnecessary. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 9 The "Membership" section was amended in several ways: a) b) c) d) Clarification that membership in good standing includes payment of membership fees (appears at the bottom of page 6}; At the top. of page 7, the requirements for an ordinance or other legislative act are specified on lines 3-6; The State of Oregon is eliminated as a potential member. It has not been an active member since the time of Governor Victor Atiyeh. The Salem Area Mass Transit District is provided a vote on the Board as it is a member which previous- ly had no representation on the Board. Other changes were simply for name changes or proper grammar or as in lines 17 through 26 of page 8 and lines 1 through 3 of page 9, eliminated as unnecessary language. The "Meetings" section was amended to allow the Board to set its own meeting schedule and have it vary from time to time. The same was done for the Executive Committee and the Annual Meeting. 9-10 The "Procedures and Voting" section was amended to specify that a quorum of the Board of Directors shall be 51% of its members. Lines 23 through 26 of page 9 and lines 1 and 2 of page 10 were edited to shorten the language. 10 Lines 3 through 5 were added to specify that a member of the Board of Directors has a responsibility to vote unless the member declares a conflict of interest. 10-11 Lines 6 through 26 on page 10 and line 1 on page 11 were added to specify the duties of each of the officers of the Board and to clarify their roles. 11 The Executive Committee description was amended to include the immediate past chair in a voting position. Lines 15 through 19 were added for a budget committee now required by Oregon law. It would consist of three members of the Board and three lay citizens appointed by the Board representing the major services and programs of the COG. 11-13 All language having to do with former committees whose purposes were eliminated in a review of the Charter in the early 1980's are stricken. These were the Governmental Coordinating Committee and the Regional Planning Committee. Neither has operated since 1983. 14 The "Staff" section was eliminated as unnecessary. 14 The Executive Committee rather than the Governmental Coordinating Committee has the responsibility of recommending a membership fee structure to the COG Board annually. 15 On lines 8 through 11, the paragraph referring to "termination of a delinquent member's rights being forfeited" was eliminated. It is unnecessary because language earlier in the Agreement (bottom of page 6) was inserted to specify that dues had tobe paid to vote or participate in programs or services. MEMO TO: FROM: SUBJECT: DATE: CHRIS CHILDS, CITY ADMINISTRATOR JUNE 2, 1992 I reviewed the packet of materials provided by Alan Hershey and have drafted a form of ordinance that is in compliance with our city's procedures. I only have two concerns. First, I have a question about the intent of IV 6. which states "The actions of any committee or group authorized by this Agreement are of an advisory nature and not binding on any member of the Council without the member's approval except with respect to the Council's own internal administrative matters and actions taken by the Council in furtherance of a legal obligation." This language is extremely broad and is not explained in the accompanying materials. We might want to briefly discuss it. Also, the accompanying materials indicate that an ordinance is now necessary to adopt the charter/agreement because ORS Chapter 190 was amended by the 1991 legislature to require an ordinance so that a public hearing would be conducted. This is not exactly true. ORS 190 does now require an ordinance. However, Woodburn's Charter and the charter of most Oregon cities does not automatically require a public hearing for the adoption of every ordinance. Also, the amendment to ORS 190 does not require that a public hearing be held. Perhaps the City should schedule a public hearing to accommodate the wishes of COG, but one is not legally required. We can discuss this at your convenience. NRS/kv COUNCIL BILL NO. J~fl~ ORDINANCE NO. AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT RE- CHARTERING THE MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS AND DECLARING AN EMERGENCY. WHEREAS, the City of Woodburn has been a member of the Mid-Willamette Valley Council of Governments (MWVCOG); and WHEREAS, the member governments of MWVCOG desire to revise and reform the Charter and Agreement by which the MWVCOG is created; and WHEREAS, ORS 190.085 requires that prior to the effective date of an intergovernmental agreement creating an intergovernmental entity, each of the parties to the agreement shall enact an ordinance ratifying the creation of the intergovernmental entity; NOW, THEREFORE. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That it is the intent of the City Council of the City of Woodburn to create, along with the other parties to the agreement, an intergovernmental entity known as the Mid-Willamette Valley Council of Governments. Section 2. That the effective date of the Agreement, specification of public purposes for which the MWVCOG is created, and the powers, duties and functions of the MWVCOG are as stated in the Agreement attached hereto as Exhibit "A" and, by this reference, incorporated herein. Section 3. That the said Agreement is hereby ratified and the Mayor and Recorder are hereby authorized and directed to sign the same on behalf of the City of Woodburn. Section 4. This ordinance being necessary for the immediate preservation of the public peace, health and safety, so that the attached Charter and Agreement can take effect upon execution by the parties, 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.'~'~~ ~-~- ~-~ City Attorney Date Page I - COUNCIL BILL NO. ORDINANCE NO. Exhibit "A" Page 1 of 13 PROPOSED AGREEMENT OF MID-WI LLAM ETTE VALLEY COUNCIL OF GOVERNMENTS May, 1992 Exhibit "A" Page 2 of 13 CONTENTS Citation .......................................................... 1 Authority ......................................................... I Ill Definitions ........................................................ I IV Nature of Agreement ................................................. 2 V Establishment ...................................................... 3 VI Purpose .......................................................... 3 VIi Fun~ions ......................................................... 3 VIII Powers ........................................................... 4 IX Membership ........... · ............................................ 5 X Meetings ......................................................... 7 o XI Procedures and Voting ............................................... 7 XII Permanent Committees ............................................... 8 XIII Expenses ......................................................... 9 XIV Duration and Termination .................................. - ........... 9 XV Amendments ........................................... ; ......... 10 MID--WILLAMETtE AGREEMENT VALLEY COUNCIL Exhibit "A" Page 3 of 13 OF GOVERNMENTS 1 2 This Agreement is made and entered into this day of 3 the undersigned governmental bodies. 4 I CITATION 5 The Mid-Willamette Valley of Oregon is faced with numerous problems resulting from rapid 6 urbanization, Including problems of health, education, safety, economics, transportation, recreation, culture, 7 multiplicity of governments, budget restraints, coordination of programs, environmental quality, community 8 appearance and well being. These problems wll increase in complexity and intensity as the population 9 increases. So that the solution of these problems may be prepared and planned through a rational 10 democratic process, the affected governmental units join in voluntary cooperation, and for this purpose they 11 make this Agreement. 12 II AUTHORITY 13 This Agreement is established under the authority of the following Oregon Statutes: 14 ORS 190.010 which author[z_es local governments to form intergovernmental entities which are public 15 bodies of the State of Oregon. 16 ORS 190.030 which provides that any agency established under the authority of ORS 190.010 is 17 vested with all powers, rights, duties, and functions therefore existing by law in separate agencies, pertaining 18 to functions and activities. 19 ORS 190.085 which requires that any participant in an intergovernmental agreement creating a 20 separate entity ratify its participation by legislative act of its governing body. 21 ORS 190.110 which authorizes public corporations, political subdivisions, and state agencies to 22 cooperate. 23 III DEFINITIONS 24 1. ' Agreement" shall mean the Agreement of the Mid-Willamette Valley Council of Governments ,1992, by and between 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Exhibit "A" Page 4 of 13 by which this document is titled. 2. 'Council' or 'Council of Governments' shall mean the Mid-Willamette Valley Council of Governments established by this Agreement. 3. 'Mid-Willamette Valley" shall mean the area within Madon, Polk and Yamhill Counties. 4. 'Member government"shall mean a government which is a party to this Agreement or which becomes a member as prov',:led in Article IX. IV NATURE OF AGREEMENT 1. The parties to this Agreement recognize the need to inform each other of proposals, plans, developments and operations of significance which have regional impact. Members should .bdng all such proposals, plans, developments, and operations to the attention of the Council for its study and recommendation as the members may deem desirable. This organization is based on the principle of the sovereign equality of all its members within the Council. 3. The parties to this Agreement recognize that the well being of each of the constituent political jurisdictions is dependent upon the sound growth and development of the entire Mid- Willamette Valley. 4. Nothing contained in this Agreement shall authorize the Council to intervene in matters which are essentially within the domestic jurisdiction of any member without its consent. 5. This Agreement and all actions of the Council shall be within the framework of the laws of the State of Oregon and its subdivisions. 6. The actions of any committee or group authorized by this Agreement are of an advisory nature and not binding on any member of the council without the member's approval except with respect to the Council's own internal administrative matters, and actions taken by the Council in furtherance of a legal obligation. 7. All members, in order to insure to each of them the rights and bener~s resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with this Agreement. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 V Exhibit "A" Page 5 of 13 ESTABUSHMENT This Agreement supersedes the Charter and Agreement of the Mid Willamette Valley Council of Governments adopted January 1,197'5, which Agreement shall be terminated by the mutual consent of the parties upon the adoption of this Agreement. The Council established by this Agreement shall assume all obligations, functions and authority heretofore vested in or assumed by the Mid-Willamette Valley Council of Governments. The history of this organization follows: On July 25, 1967 the Mid-Willamette Valley Council of Governments replaced the Mid Willamette Valley Planning council organized on July 26, 1957, and the Mid Willamette Valley of Oregon compact of Voluntary Intergovernmental Cooperation adopted December 23, 1959. The Charter and Agreement of the Council of Governments was amended on August 10, 1971, and on January 1, 1975. VI PURPOSE The purposes of this Agreement are: 1. To enable the elected ofrmials of the member govemments to jointly identify issues and needs which are regional in scope; achieve concurrence for cooperative actions; plan and recommend governmental action in areas of intergovernmental concern such as, health, safety, welfare and growth. 2. To assure, through cooperation and the pooling of common resources, maximum efficiency and economy in governmental operations which will provide every citizen with the utmost value for every tax dollar. 3. To attain the greatest degree of intergovernmental cooperation possible in the Mid- Willamette Valley in order to foresee and prevent the problems created by urban growth and change in this region. 4. To develop among the several governmental unit8 the ultimate in communication and understanding while effecting cooperation and coordination of services, programs and facilities. VII FUNCTIONS The Council's primary functions shall be: 3 governments. 2. 3. 4. facilitate intergovernmental Exhibit "A" Page 6 of 13 communication and issue resolution for member I To 2 3 To provide technical and administrative support services to member governments. 4 To Initiate, conduct, or cause to be conducted, studies of regional problems. 5 To recommend action by public and private agencies for purposes of solving or alleviating 6 regional problems. 7 5. To conduct and administer programs which, by law, must be administered by a regional 8 agency, or at the request of the member government or governments who would otherwise be responsible 9 for their administration. -. 10 6. To contract or subcontract with public and private agencies for pedormance of the foregoing 11 functions. 12 VIII POWERS 13 The Council shall have the power:. 14 1. To enter into agreements with the United States of Amedca, State of Oregon or any 15 subdivision or agency or any municipal corporation for the purpose of obtaining financial aid or other 16 participation in attaining the objectives and purposes of the Council. 17 2. To enter into contractual relationships with private agencies or firms for terms not to exceed 18 five years. Notwithstanding the foregoing limitation the Council may enter into real property lease 19 agreements for terms not exceeding 20 years. 20 3. To establish an office and sub-offices as needed. 21 4. To adopt a budget indicating the expenditures of the Council and recommending the 22 amount of financial participation by each member government. 23 5. To designate one or more member governments as service agents, for provision of financial, 24 purchasing, personnel, legal and other auxiliary services to the Counc~ and which shall account to the 25 Council. .' 26 6. To appoint an Executive Director and assign duties, responsibilities and authorities. 4 Exhibit ~'A" Page 7 of 13 I 7. To appoint advisory committees to assist in carrying out its functions and duties. 2 8. To exercise any and all powers and functions authorized by law for an intergovernmental 3 entity, including the powers conferred by ORS 190.080. 4 9. Such other powers as are necessary to enable the Council to carry out its functions and 5 duties or which are implied by this Agreement. 6 IX MEMBERSHIP 7 1. The membership of the Council shall consist of the signatories of this Agreement and any 8 incorporated city, special district, or other legally established governmental entity in Marion County, Polk 9 County, or Yamhill County which may become a member as herein provided. Continued membership in 10 good standing, including the right to vote and participate in Council programs and services, shall be 11 conditioned upon being current in payment of membership fees as set under this Agreement. 12 Membership may be attained by legally established governmental entities governed by officials 13 directly elected by the people by:. 14 (a) Entering into a written declaration of unconditional acceptance of obligations under this 15 Agreement in a form approved by the Council; and 16 (b) Adopting an ordinance or other legislative act ratifying its participation in the Council as 17 prov'ided in ORS 190.085; and 18 (c) Providing a portion of the finances necessary to defray the expenses of the Council as 19 provided in Article XIII of this Agreement, which portion shall be established annually by the Council prior 20 to the approval of individual government budgets by governing bodies of member govemments and 21 govemments seeking membership in the Council. 22 Membership in the Council of Governments shall not constitute voting membership except as 23 provided below in ~ection f), Article IX, of this Agreement. 24 2. The voting membership of the Council, the authorized representatives of which may also 25 be referred to as the 'Board of Directors' of the Council, shall consist of the chief elected officials 26 representing the current membership of the Council as follows: 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 (a) (b) (c) (d) (e) (g) (h) 0) G) (k) Exhibit "A" Page 8 of 13 Madon County. (1 vote) Polk County. (1 vote) Yamhill County. (1 vote) City of Salem. (1 vote)' The two most populous cities (excluding Salem) of each county, each to have 1 vote. (6 votes) One additional city representative for each county selected by separate annual caucuses of the mayors of members cities of each county (excepting the two largest c'~ies of the county and Salem). (3 .vptes) A chair of a Fire or Water Distdct of the rd-county area selected by annual caucus of the chairs of member fire and water districts. (1 vote) A chair of an Education Service District selected by annual caucus of the chairs of ESD boards to represent all member school districts of the td-county area, except Salem/Keizer School District. Salem/Keizer School District. The Salem Area Mass Transit District. (1 vote) (1 vote) (1 vote) A chair of a sox and water conservation district, water control district, irrigation district, drainage district, or other legally established governmental entity concerned with conservation of natural resources shall be selected by annual caucus of three representatives (one from each member county) who were selected by the aforementioned member districts in each county. (1 vote) (I) Chemeketa Community College District. (1 vote) TOTAL (19 votes) 3. The Executive Director of the Council of Governments shall be responsible for calling annual caucuses of member govemments for selection of voting representatives, and shall provide written notice to the affected member governments in advance of each caucus. Exhibit "A" Page 9 of 13 1 4. If a jurisdiction named above in Section 2 of this Article as a voting member chooses not 2 to participate in the Council of Governments, its seat shall be left vacant. 3 X MEETINGS 4 1. The Counc~ Board of Directors shall meet at times to be set by the Council and at such 5 other times as the Chair may direct. 6 2. The Executive committee shall meet at the call of the Chair and at such other times as a 7 majority of the members of the committee may call. 8 3. Annually the Chair shall call a general meeting at which meeting the Council shall review 9 the status of the region with respect to all regional matters with which it is concerned 10 XI PROCEDURES AND VOTING 11 1. The Counc~ shall elect a chair, vice chair, and such other officers as it may desire. 12 2. Each voting member of the Council shall have one vote. 13 3. A quorum of the Board of Directors or Executive Committee shall be 51% °f its members' 14 4. Decisions of the council on procedures to be followed by the council with regard to the 15 conduct of its business shall be made by an affirmative majority vote. 16 5. Decisions of the Council which Involve agreements between member governments shall 17 require a majority vote, including an affirmative vote by members who represent the affected government 18 or governments. 19 6. Every member when a question is taken shall vote unless a majority of the Council for 20 special reasons shall excuse said person, but no member shall be permitted to vote on any subject in which 21 he or she has a conflict of interest. 22 The duties of the Council's officers shall be as follows and such other duties as the Board shall direct: a. 23 24 Chair 25 (1) 26 (2) To call meetings of the Board of Directors and the Executive Committee. To chair meetings of the Board of Directors and the Executive Committee. 7 (3) Executive Committee. Exhibit "A" Page 10of 13 The chair shall have a vote in the proceedings of the Board of Directors and 1 2 3 b. Vice Chair 4 (1) To call meetings of the Board of Directors and the Executive Committee in the 5 absence of the Chair. 6 (2) When the Chair is unavailable for a considerable length of time or the urgency of 7 an issue requires action of the Executive Committee, the V'me Chair may call a meeting of the Executive 8 Committee at the request of the Director or two members of the Executive Committee. 9 c. Third Member of Executive Committee .. 10 (1) To consider and vote on actions placed before the Executive Committee and to 11 participate in all matters brought before the Executive Committee. 12 d. Immediate Past Chair 13 (1) To consider and vote on actions placed before the Executive Committee and to 14 participate in all matters brought before the Executive Committee. 15 (2) To assist and advise the Executive Committee, and particularly the Chair, as to the 16 motivation and concepts of the prior year's leadership of the Council of Governments on key issues and 17 procedural matters. 18 XII PERMANENT COMMITI-EES 19 1. There is hereby established an Executive Committee which shall consist of the Council Chair 20 and Vice Chair and one other member of the Council's Board of Directors appointed by the Chair. Not more 21 than two of these three members may represent jurisdictions in Salem and Marion County. The immediate 22 past chair, if still in elected office, shall also serve in a voting positioh on the Executive Committee. 23 The functions of the Executive Committee shall be: 24 a. To consult with the Director of the Council and provide direction to him between the regular 25 meetings of the Council's Board of Directors. 26 b. To prepare operational guidelines for the Executive Director. 8 Exhibit "A" Page 11 of 13 I c. To review all proposals for initiation of new programs by the Council of Governments and 2 to prepare a statement of the impact of said programs for the consideration of the Board of Directors of the 3 Council. 4 2. There is hereby established a Budget Committee which shall consist of six members 5 including three members of the Board of Directors and three lay citizens appointed by the Board of Directors 6 representing the major services and programs of the Council of Governments. 7 a. The Budget Committee shall pedorm the requirements of law, especially ORS 294. 8 b. The Executive Director shall serve as Budget Officer and shall assist the Budget Committee. 9 XIII EXPENSES -- 10 The expenses of the Council shall be shared and defrayed by the governments represented by its 11 members in proportion and relation to the benefits derived by each government. Prior to the approval of 12 their individual government's budgets by the governing bodies of the member governments, the Council 13 shall recommend a Council budget for the ensuing fiscal pedod. Each local government member shall 14 appropriate in its budget and contribute its share of the expenses of the Counca in accordance with the 15 budget approved by the Council to the extent that revenues are avaaable therefore insofar as each 16 government member is concerned. The Executive Committee shall recommend a participation cost structure 17 to the Council annually, no later than March, so that the Council may recommend these costs to the 18 member govemments. 19 XIV DURATION AND TERMINATION 20 This Agreement shall continue and remain in full force and the Council shall not be dissolved unless 21 by a majority vote of the entities constituting the participating members; provided, however, that any such 22 dissolution shall not become effective until such time as any contract~ to which the Council is a party have 23 been fully performed or are no longer in effect. In the event of such dissolution all assets on hand shall be 24 distributed to the member govemments in proportion to their contributions for the purchase of such assets. 25 Any member government may withdraw as a participating member in the Council under this 26 Agreement at the termination of the fiscal year by notifying the Board of Directors of the Council at least six 9 Exhibit "A" Page 12of 13 1 months prior to the end of the fiscal year of its intention to so withdraw. 2 In the event of withdrawal by a member government, the Council shall determine the portion of the 3 Council's assets, if any, to which the withdrawing government shall be entitled. Any indebtedness incurred 4 by the Counc~ on behalf of a government which is withdrawing shall remain an obligation of that government 5 provided that such indebtedness received the affirmative vote of the government on behalf of which the 6 indebtedness was incurred at the time the obligation was incurred, and is evidenced by written agreement 7 or memorandum. 8 XV AMENDMENTS 9 This Agreement may be amended by unanimous vote of the member governments... 10 IN WITNESS WHEREOF, the parties to this Agreement have caused these articles to be executed by their author[zed officer or representative as of the day and year first above written. 10 Exhibit "A" Page 13of 13 PLEASE USE BLACK INK. THE SIGNATURE BLOCK WILL BE REPRODUCED. cI-nt' OF WOODBURN By Mayor Attest Recorder COUNCIL BILL NO. !~z/~' RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH STEPHEN JOLIN FOR EMPLOYMENT AS A CABLE TELEVISION CONSULTANT. WHEREAS, the City is engaged in the process of evaluating a franchise renewal for Northland Cable Television, Inc.; and WHEREAS, preliminary cable television franchise application has been received by the City from North Willamette Telecom; and WHEREAS, it is necessary for the City to complete the franchise renewal process for Northland Cable Television and to review and evaluate the cable television franchise application submitted by North Willamette Telecom; and WHEREAS, the Stephen Jolin (dba MuniCom) has expertise in assisting Oregon cities and counties in evaluating cable television renewals and applications; and WHEREAS, the parties wish to enter into an agreement so that the City can complete the renewal process for Northland Cable Television and adequately evaluate the cable television franchise application of North Willamette Telecom; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The Mayor and City Recorder are authorized to sign an agreement with Stephen Jolin (dba MuniCom), a copy of which is attached hereto, and by this reference, incorporated herein. Approved as to form:~X"~~ '//~~'/'"'"~ ~'- t'7/''- ¢~7 2 City Attorney Date APPROVED: FRED W. KYSER, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Page I - COUNCIL BILL NO. RESOLUTION NO. AGREEMENT THIS AGREEMENT made and entered into this day of ,1992 between the City of Woodburn, an Oregon municipal corporation, (hereinafter CITY) and Stephen Jolin (dba MuniCom), 4820 SW Barbur Blvd, #34, Portland, Oregon 97201 (hereinafter CONTRACTOR). WITN ESSETH: WHEREAS, CITY is engaged in the process of evaluating a franchise renewal for Northland Cable Television, Inc.; and WHEREAS, preliminary cable television franchise application has been received by CITY from North Willamette Telecom; and WHEREAS, it is necessary for CITY to complete the franchise renewal process for Northland Cable Television and to review and evaluate the cable television franchise application submitted by North Willamette Telecom; and WHEREAS, CONTRACTOR has expertise~in assisting Oregon cities and counties in evaluating cable television renewals and applications; and WHEREAS, the parties wish to enter into an agreement so that CITY can complete the renewal process for Northland Cable Television and adequately evaluate the cable television franchise application of North Willamette Telecom. NOW, THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein, the parties agree as follows: INTENT OF AGREEMENT It is the intent of this AGREEMENT for CONTRACTOR to provide technical assistance and services to CITY in order to complete the franchise renewal process for Northland Cable Television and to adequately evaluate the cable television franchise of North Willamette Telecom. I1. NATURE OF WORK CONTRACTOR shall perform consulting and advising services for CITY as described in Attachment I, which is appended hereto, and by this reference, incorporated herein. CONTRACTOR shall, within reasonable limits, allocate the amount of time spent to accomplish the specific tasks outlined in Attachment I in accordance with the number of hours specified therein. III. STATUS OF CONTRACTOR The parties agree that CONTRACTOR is a professional person and that the relationship created by this contract is that of employer-independent contractor. CONTRACTOR is not an employee of CITY and is not entitled to the benefits provided by CITY to its employees, including but not limited to workers compensation insurance, unemployment insurance, health insurance, and retirement. CONTRACTOR may practice his profession for others during those periods when he is not performing work under this agreement for CITY. IV. CONSIDERATION In consideration of CONTRACTOR'S satisfactory performance in carrying out the functions and activities described in Attachment I, CITY shall pay CONTRACTOR at the rate of $75 per hour. CONTRACTOR'S total compensation shall, in no event, exceed the amount of thirteen thousand two hundred dollars, ($13,200). CONFIDENTIALITY CONTRACTOR agrees not to divulge any confidential information; without the consent of CITY, to any person, firm, corporation or other entity. VI. COMPLIANCE WITH LAWS CONTRACTOR agrees to comply with all applicable laws, ordinances, and codes of state and local governments. VII. TERMINATION Either party may terminate this agreement anytime upon 30 days written notice to the other party. If the at the time of termination, CITY owes any fees to CONTRACTOR, such fees are due and payable within 30 days of termination. VIII. ASSIGNMENT The rights and duties of the parties hereunder are personal and shall not be assignable by either party without the express written consent of the other party. 2 IX. Xo GOVERNING LAW It is agreed that this agreement shall be governed by the laws of the state of Oregon. SEVERABILITY If any provision or part of this agreement is for any reason determined by a court of competent jurisdiction to be invalid or unenforceable, then such part shall be severed from the agreement and the remainder thereof shall remain fully enforceable. XI. ATTORNEY FEES In the event a suit or action is instituted to enforce any right guaranteed pursuant to this agreement, the prevailing party shall be entitled to, in addition to the statutory costs and disbursements, a reasonable attorneys fee to be fixed by the trial and appellate courts respectively. Xll. ENTIRE AGREEMENT This agreement constitutes the entire understanding of the parties with respect to the subject matter herein and supersedes all negotiations, prior discussions and preliminary agreements made prior to this date. All modifications to this agreement shall be in writing and shall be signed by the parties. CITY OF WOODBURN BY: Fred W. Kyser, Mayor DATE: STEPHEN JOLIN BY: DATE: ATTEST: Mary Tennant, City Recorder City of Woodburn 3 Attachment I TASK Immediate 1. Preliminaries (Background study, document review) 2. Design NWT review process PROPOSED SCOPE OF WORK - CABLE TV CONSULTANT HOURS COSTS 8 hrs. 600 10 hrs. 750 ~ 1,350 Northland 1. Limited review of system financial performance & past franchise payments 2. Limited review of access facility & equipment needs 3. Review renewal/assist in negotiations and completion of process 4. Assist in reconciling franchise and ordinance 5. Direct expense (Postage, L.D. phone, fax, mileage, printing) North 10 hrs. 750 10 hrs. 750 30 hrs. 2,250 8 hrs. 600 300 ~4,650 Willamette Telecom 1. Review proposal and prepare report 40 hrs. 3,000 2. Compare proposal with governing documents 12 hrs. 900 for level playing field 3. Analysis of financial viability in overbuild situation 20 hrs. 1,500 4. Assist in negotiations of NWT franchise 20 hrs. 1,500 if approved Direct expense (Postage, L.D. phone, fax, mileage, printing) 300 ~7,200 Some flexibility of hours within categories, as well as between categories within the total, should be expected. MEMO TO: FROM: SUBJ.: Mayor and City Council Chris Childs, City Administrator Brice Realty Property Mqmt. Aqreement - Grace Village DATE: June 4, 1992 RECOMMENDATION: Approve Resolution renewing Property Management Agreement with Brice Realty, Inc. regarding Grace Village 4-plex units. BACKGROUND: A year-to-year property management agreement has been in effect to provide rental management/maintenance services for the 4-plex apartment unit located at the Grace Village site. This agreement was previously renewed administratively by former Administrator Quinn without formal Council action. I believe Council approval is appropriate because the agreement does involve the management of real property. The proposed agreement includes no provisions that differ significantly from the existing arrangement and agreement. The document does provide for a 30-day cancellation by either party, which is to the city's benefit if the property is conveyed to some future purchaser. Financially, all refundable deposits and net rental proceeds are kept in Brice Realty's client trust account. As required by state law, any interest earnings on these funds are remitted to the State of Oregon and directed toward Iow-income housing programs. COUNCIL BILL NO. / RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF A PROPERTY MANAGEMENT AGREEMENT WITH BRICE INVESTMENT REALTY FOR MANAGEMENT OF THE GRACE VILLAGE PROPERTY. WHEREAS, by extended litigation, the City has acquired title to property located at 330 Newberg Highway, known as the Grace Village property; and WHEREAS, the City is in the process of disposing of this property; and WHEREAS, the four-plex residential unit on the property has been rented by the City during the interim period before the City disposes of the Grace Village property; and WHEREAS, Brice Investment Realty, Inc. has managed the property on behalf of the City; NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the Mayor is authorized to sign an agreement with Brice Investment Realty, Inc., a copy of which is attached hereto, and by this reference, incorporated herein, for property managemen~t of t~h~Grace Village property. Approved as to form:~'~'~/1~ ~ 'X~ ~- 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 1 - COUNCIL BILL NO. RESOLUTION NO. PROPERTY MANAGEMENT AGREEMENT THIS AGREEMENT, made and entered into this .......... ~'.s_.C....day of ............ ~..a.~ ............... 19._?...2..., between ........... .C.i.C.~...a£.._~o.O.il~..~x.l~. .......................................................................................................................... (hereinafter called the owner) and .~B~.~c~.~e~Z-~n~e-s~m~e~n~j;.~R~e~a~.~y~?~n~c~; ................................................................................ (hereinafter called the agent); WITNESSETH: FIRST: The owner hereby employs the agent to rent, manage and direct the operation of the owner's property described in Exhibit "A" on the reverse side of the final page of this agreement, said exhibit being made a part hereof, for a term of ................. .O...n...e....y..e...a...r_....l.~.] ........................................................................................... beginning on tbe....fts, t. ........... day of .......... ~a.y ............................ 19 ..... ~...2., and ending on the ........... 3..O./;.h...day ot ........... .~pz:--./.1 ..................... , 19..9.~._; thereafter this agreement shah continue until terminated as herein pro- vided. Either party hereto may terminate said employment effective on the last day of the original term o/v said employment stated above, or effective on the last day of any month thereafter, by delivering to the other by registered mail not less than thirty days written notice of his intention and wish to terminate said employment. SECOND: The agent accepts said employment and agrees: 1. To use agent's best skill and efforts to serve present tenants and to obtain suitable new tenants for va- cancies in said premises, to furnish all services required therefor and for the management of said premises and to supervise all labor required for their operation and maintenance; 2. To report to the owner promptly any conditions at, on or about the premises which, in the opinion of the agent, require the attention of the owner; 3. To keep full, detailed and adequate accounts and records maintained in a client ledger with reference to agent's receipts from and disbursements with reference to the owner's said property and to permit the owner and/ or owner's representatives to examine the same at any time during business hours; 4. To cause aH of the agent's employees who handle or are responsible for the rents and revenues from said premises to be bonded at agent's expense; 5. Not to commingIe any of the receipts or revenues from said premises .with agent's own funds, but to deposit same in a client's trust account in agent's own name in a bank or banks approved by the owner; as between the parties hereto, aH such receipts and revenues shah be deemed to be trust funds held in trust for the owner and for the owner's account, to be disbursed as hereinafter set forth; 6. To deliver to the owner, on or before the .............. -1..$~.I~.. day of each month hereafter, a detailed written statement of owner's receipts, expenses and disbursements during the preceding month. AH said expense shah be charged to the owner at agent's cost and the owner shall be credited with aH rebates, refunds, allowances, commissions and discounts paid to the agent. SettIements between the owner and the agent shah be made at the following times: ............................................................................................................................................................................... ..................... ! ~.~.~....o.._~.._.e...a_..C_~.___m_o_..n...~..~ ................................................................................................................................. 7. This Agreement may be terminated by either party by giving the other at anytime not less than thirty (3) days written notice for termination, whereupon the agreement shall terminate on the date designated. THIRD: The owner hereby gives to the agent the following authority and powers: 1. To tzl~e sole, entire and excluslve charge ot said premises; 2. To offer sam prem/ses, and parts thereof/or rent; to dlsplay "For Rent" signs thereon and to rent the same; and in the name of the owner to negotiate leases on zaid premises, or any part thereof, together with renewals of the sm'ne; 3. To bill tenants for rents in the name of the agent; to collect all rents due or to become due from said premises; to give receipts therefore; to deposit rents in the agent's client trust account. It is expressly agreed that the agent does not guarantee either the collection of rents or the accuracy of volume-of-sales, volume-of-receipts or other reports made by tenants on percentage leases, if any; however, the agent may recommend to the owner, from time to time that such accuracy be determined by an audit of the tenant's books; 4. In the name of the owner, to sign and serve such notices to delinquent tenants as the agent may deem necessary or proper and, with the owner's prior approval and in the owner's name, (a) to sue for and to recover any of said rents which are past due; (b) to attach, garnishee and levy upon the property of any delinquent tenant and to recover possession of any part of said premises therefrom, and ¢c) to settle, compromise and ad- just such actions, suits or proceedings and the matters involved therein; 5. To employ, pay, direct and discharge all employees deemed by the agent necessary for the operation and maintenance of said premises; all such employees concluslvely shalI be and deemed to be for all purposes the employees of the owner and not employees of the agent and the agent shall not be responsible for any of their acts, defaults or negligence or for any error of judgment or mistake of law or of fact in connection with their employment, conduct or discharge; 6. To make or cause to be made all repairs and alterations; to do all decorating and to purchase all materials deemed necessary by the agent for the maintenance of said premises; to purchase all fuel, supplies, furniture, fixtures and equipment deemed necessary by the agent for the operation of said premises; provided always, that the agent shall obtain the owner's prior approval on all expenditures in excess of $ for any one item except monthly or recurring operating charges and except emergency repairs if the agent deems such repairs necessary to protect the property from damage; 7. To make contracts in the name of the owner for public utilities, elevator maintenance, window dean- ing, rubbish and garbage disposal, towel service and other services, or such of them as the agent shall deem advisable; the owner agrees to assume the obligation of any such contracts which are still in effect at the ter- minatlon of tlu's agreement; 8. To pay out of the client's trust account established pursuant to the provisions of the "SECOND" para- graph of this agreement all expenses connected with the management, operation and maintenance of said premises, as authorized herein, including the agent's commissions and compensation as provided for in the "FOURTH" paragraph of this agreement; 9. To pay out of the client's trust account the following items in addition to the expenses of normaI operation: ........................................................................................................................................................................................ .............. .~.o~ ............................................................................................................................................................................... 10. Ail deposits and rents to be kept in an interest bearing clients trust account with the interest going to the HouSing Agency Low Income Rental Housing Fund. 11. This agent shall properly cultivate, mow, care for and adequately water the lawn, shrubbery and grounds at the cost of the owner-upon the owners request. FOURTH: The owner agrees: 1. To pay to the agent each month for management and operation ..... $---.7--.5-.-4;~---pe-~ .......................... ............... ur~i.t_..~t~d ............................................................................................................................................................ ~ 2. To pay to the agent, in addition to the foregoing, a commission for procuring new tenants in said premises on a month-to-month basis ........... .~.o11.~ ............................................................................................................ ~ for procuring new tenants on a lease basis ............... 1]_o1~.~. .................................................................................................. for procuring a renewal to any lease now or hereafter exisHng .......... n~ns .................................................................. 3. To save the agent harmless from ali claims, actions and judgments for damages on account of injuries to persons or property suffered or claimed to have been suffered by any employee or other person whomsoever in, on or about said premises and to defend against the same; to carry and keep in effect at all times, at owner's expense, public liability and workers' compensation insurance ful. ly adequate to protect the interests of the parties hereto; and to cause all policies providing such insurance to be so written as to protect the agent in the same manner and to the same extent as they protect the owner; a certificates of coverage is to be provided to the agent; 4. On any termination of this agreement, the owner further agrees to recogrrize the agent as the broker in any negotiations then pending for the leasing, including lease renewal, or renting of said premises, or any part thereof, and in the even,t of the subsequent consummation of any such lease, lease renewal or rental, to pay the agent's commission thereon at the rates set forth above. FIFTH: Both the owner and the agent agree: 1. Unless otherwise authorized by a separate power of attorney or other written instrument, the agent shall have no power to execute leases or to modify or cancel any existing lease; 2. Ail inquiries for space in said premises, or part thereof, shall be referred to the agent and all persons making said inquiries shall be instructed to deal with and through the agent; aH renewals of existing or future leases shah be made solely by and through the agent; 3. The owner hereby designates ............ ~.~.9....G~.i.~.~.~....[..C~.t.~....o.f...N~ndb. u-raz,[ ................................ as owner's representative to whom all notices, statements and remittances to the owner shall or may be sub- mitted, with whom agent may deal and from whom agent may accept instructions and directives relative to said premises and relative to subparagraph 6 of the "THIRD" paragraph of this contract; the owner reserves the right to change the owner's designated representative at any time by giving written notice thereof to the agent; 4. This agreement shall not be capable of assignment; 5. The provisions hereof shall bind not only the immediate parties hereto but their respective heirs, executors, administrators and successors and, so tar as the terms hereof permit assignment, the assigns of the parties as well; 6. In construing this agreement, it is understood that the owner or the agent may be more than one person and that either or both may be a corporatlon; and that generally, all grammatical changes shah be made, assumed and implied to make the provisions hereof apply equally to corporations and to more than one individual. ?. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals in duplicate on this, the day and year first above written. Owner If, while the foregoing property management agreement is in effect, the owner desires or places the premises described in Exhibit "A" on the reverse side hereof, or any part thereof, on for sa/e, the agent shall have and hereby is given the exclusive right to sell the same. I.n the agent agrees to cooperate with other brokers in a sincere effort to bring about a sale. In event of any sale or ex- change of said property, or any part thereof, by whomsoever made, while the management agreement is in effect, for any price which the owner agrees to accept, the owner a to pay to the agent a corem/s- sion on the sale or exchange price at the rate of .......................... All inquiries relative to the sale or exchange of said shah be referred to agent. On any termination of this agreement, the owner further agrees to the agent as the broker in any negotiations then pend- ing for the sale or exchange of said premises, part thereof, and in the event of the subsequent consurnma- lion of the sale or exchange, to pay to a commission thereon at the rates set forth above. This agreement expires on 19 ........ *, or upon such earlier date as the property management agreement may be terminated, or such later date to which it may be extended. EXECUTED in Owner A~ent *Note: The expiration date of the Authorization to Act as Agent in Sale or llxchange should coincide witlq the ending date of the Property Managernent Agreement. EXHIBIT The description of the properties covered by the foregoing agreement is: Name of Building ....... .G...R...A...C...~._..V...~...L...L...A..G...E.._.4..r..P...L..E_X._ .................................................................................................. 330 Newberg Highwa~ ~odburn, Oregon 97071 Address ...................................... '~:~'~2;:"3'~'~') .................... Legal Description ............................................................................................................................................................... (It ~p~c~ is not mzltlcdent, attach ~e~arato sh~t) IV~rne of Building ...................................................................................................................................................................... Address (City - State - Zip) ................. Legal Description ................................................................................................................................................................ (It sp~ is ~t ~lt~ent, att~ se~rat~ ~t) IV~rne of Building ............................................................................................................................................ Address ¢c~, - s2~'."~'~- l.~gal Description .............................................................................................................................. (Ii e~ ~ ~t ~, ~tt~ ~st~ ~t) Name of Building .............................................................................................................................................. Address ................................................................................................................... ~:,~-'-'~,'t'~;-~i'~") ................... Legal Description ........................................................................................................................................................... (Ii ~pac~ is not mH~c~t, attach ~eparat~ Mint) MEMO TO: City Council through the City Administrator FROM: Public Works Program Manager '"'~-",7 SUBJECT: Engineer's Report on Special Assessment for Installation of a Traffic Signal at Kmart/Bi-Mart and Hwy 214 access DATE: June 4, 1992 RECOMMENDATION: Approve the attached resolution directing an engineer's report be prepared regarding a special assessment for installation of a traffic signal at the Kmart/Bi-Mart access to Hwy 214. BACKGROUND: When the Kmart retail store was developed it was determined and agreed to that a traffic signal should be installed at the Kmart/Bi-Mart shared access to Hwy. 214 when warrants for the signal were met. Bi-Mart had earlier agreed when it developed its store that if a signal was installed at the access point they would participate in its installation. The State Highway Division has recently determined that warrants for this signal have been met. The signal should now be installed. The cost will be assessed against the benefitted properties. RR:Ig L ITEK, MRT .214 COUNCIL BILL NO. /,.~ 76 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY ENGINEER TO INITIATE AN ENGINEERING REPORT FOR A SPECIAL ASSESSMENT RELATED TO INSTALLATION OF A TRAFFIC SIGNAL AT THE KMART/BI-MART ACCESS TO OREGON ROUTE 214. WHEREAS, the Oregon State Highway Division has determined that a traffic signal is warranted at the Kmart/Bi-Mart shared access point to Oregon Route 214; and WHEREAS, property owner special assessment is an equitable method of financing said improvement; and WHEREAS, the Woodburn City Council considers the installation of the traffic signal to be necessary and beneficial; and WHEREAS, the cost of engineering is allowed to be assessed against the benefitted properties; and WHEREAS, the Woodburn City Council is authorized to initiate the Special Assessment procedure process per Ordinance #1879, NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The City Engineer is directed to initiate an Engineer's Report regarding installation of a traffic signal at the Kmart/Bi-Mart shared access point to Oregon Route 214. City Attorney 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 From the Desk of: ~N EUBgRK, Lieutenant Operations Division Woodburn Police Department 270 Montgon~ry Street (503) 982-23~5 EXT: 351 FAX (503) 982-2370 DATE: May 21, 1992 As General Chaixmlan and Coordi,)at~,r for the Fourth of July C~.lebration, requesting City Liability Insurance coverage for two (2) City Spons¢,l~d activities on the ~th o~ July. The ~irst activity will c,.~.nce at approxink~t~.ly 11:00 am in Legion Par):. The activity will be. "The ~e~.~nd Annual Old Fashioned ~th of July City Wide Picnic" with contest-~ for evel~fone, such as the softball throw, the frisbee th~'ow and others. ~3ese activities will conclude at approximately 6:00 pm. The ne}:t activity will begin at the High School around 6:00 pm with singing and other miscellaneous entertainment and concluding with the Fireworks show. All activity will end around 11:00 pm the evening of the ~th. A schedule of events and games will be. completed this week and will be. available next wee)~ for reference. Tha~: you for your consideration and assistance with this matter, ,~d please come. and join in the fun and entertainment. FAM I LY ' -' F U N "Gome, Ooin In The Fun Fun Fun" 4th of July Celebration & Activities Sponsored by the City of Woodburn - Chairman, Don Eubank Participating Organizations: Comeback Campaign, Kiwanis Clubs and the Entire Community SCHEDULE OF EVENTS AND LOCATIONS 6:00 - 11:00 Chuck Waqon Breakfast, Sponsored by the French Prairie Kiwanis Club LOCATION: Legion Park 12:00 Noon Woodburn's 2nd Annual "Old Fashioned 4th of July Picnic", Bring your picnic lunch and join in the fun and "GAMES" LOCATION: Legion Park FREE WATERMELON HOT DOGS - 50¢ PEPSI- 50¢ GAMES AT LEGION PARK (All Ages) 12 Noon 1:00 p.m. 2:00 p.m. 1:00 p.m. Softball Throw Frisbee Throw Sack Races AMERICAN LEGION PARADE 3:00 p.m. 4:00 p.m. 5:00 p.m. Football Throw Pinatas for Children Softball Games, All Comers (Only one professional allowed on each team) 6:00 p.m. FIREWORKS PRE-GAME SHOW LOCATION: Woodburn High School, West Parking Lot & Football Field OPENING REMARKS: Mayor Fred Kyser Don Eubank, Chairman Comeback Campaign, Ruth Herman Wells, Etc. 6:30 p.m. Entertainment: Songs with Sig Paulson, The Illinois Railway Station and one other band, TBA. 10:00 p.m. THE BEST FIREWORKS DISPLAY (Thank you Larry Kieghauser & Crew) MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator ~ Public Works Director ~~[-'~"~-~'~-~ ~ Recommended Budget Line Items for Connection Fee Payment June 4, 1992 RECOMMENDATION: To satisfy council's decision to pay for water and sewer connection fees, for the house being built by Habitat for Humanity, the budget line items 70-700- 659.001 and 72-720-659.001 are recommended. (Note: It is understood by the staff that it is a one time action for this house located on Bradley Street.) BACKGROUND: Last year Woodburn City Council approved payment for the connection fees in the amount of $101 6.00 for water and $1307.00 for sewer. A newly adopted ordinance for systems development charge limits the governing body's ability to arbitrarily reduce or waive the charges. However, council has authority to pay for the fees from any appropriate source. In the regular meeting of the city council on May 26, 1992, the council determined that it was in the best interest of the community to pay for the water and sewer connection fees for the house being built by Habitat for Humanity. The recommended line items for payment of connection fees are based on last year's history. GST:lg HABITAT.CC MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Randy Scott, Engineering Tech III Water Main Easement from Hardware Wholesalers, Inc. June 2, 1992 RECOMMENDATION: It is being recommended that the Woodburn City Council accept the signed water main easement received from Hardware Wholesalers, Inc. BACKGROUND: The easement is located adjacent to the south line of Hardware Wholesalers, Inc. development and is 16 feet in width. The water main was installed by this development for fire protection and is intended to be a city maintained facility. EASEH~I.MEM GRANT OF WATERLINE EASEMENT KNOW ALL MEN BY THESE PRESENTS, that HARDWARE WHOLESALERS, INC., an Indiana corporation (the "Grantors"), for One Dollar ($1.00) and other valuable consideration to them paid, the receipt of which is hereby acknowledged, hereby does forever grant unto the CITY OF WOODBURN, a Municipal Corporation of Marion County, Oregon (the "CITY"), a permanent right-of-way and easement over, along and under the full width and length of the premises described as follows, to wit: An easement, 16 feet wide, for waterline purposes, the centerline of which is described as follows: Beginning at a point on the east line of that parcel of land conveyed to HARDWARE WHOLESALERS, INC., an Indiana corporation, by Warranty Deed recorded in Reel 801, Page 330, Marion County Deed Records, 882 feet south 01 °42'33" west to a point 8 feet northerly of the southeast corner; thence north 89°31'20" west, parallel to and 8 feet northerly of the south line 1608.10 feet to the west property line, situated in sections 11 and 12, township 5 south, range 2 west, Willamette Meridian, Marion County, Oregon (the "Premises"), with the right, privilege and authority, in the City, to maintain, replace, reconstruct, remove, and add to a water pipeline or pipelines, with all appurtenances incident thereto or necessary therewith, in, under and across the Premises, and to cut and remove from the Premises any trees and other obstructions which may endanger the safety or interfere with the use of one pipeline, or appurtenances attached or connected to the pipeline; and the right of ingress and egress to and over the Premises at any and all times for the purpose of doing anything necessary or useful or convenient for the enjoyment of the easement hereby granted. As part of the consideration for the granting of this easement, the City, at its sole expense, shall maintain, replace, reconstruct and remove the water pipeline or pipelines constructed or installed by the Grantors pursuant to this easement as may be necessary to permit the use intended for such pipelines. This easement may be revoked in the event the City does not so maintain, replace, reconstruct or remove the water pipeline or pipelines installed by the Grantors. THE CITY SHALL, upon each and every occasion that such water facility is constructed, maintained, replaced, reconstructed or removed, or added to, restore the Premises, and any improvements disturbed by the City, to as good a condition as they were in prior to any such installation or work, but if not practicable, then pay to Grantors reasonable compensation. THE GRANTORS, heirs and assigns, reserve the right to use the Premises for walkways, driveways, planting, and related purposes, and all water facilities shall be at a depth consistent with these purposes, but no structure shall be placed within the easement, or within a 45° projection upward from the bottom of the pipe. HARDWARE WHOLESALERS, INC. As its Vice President - Distribution ATTEST: By As its Assistant Secretary STATE OF INDIANA ) ) SS: COUNTY OF ALLEN ) On this the .~/'~' day of /..~-~?/~/ , 199.1,, before me a Notary Public in and f.o!;, th.e Copn,ty 8nd State pers~onall~'appeared . ~_/"'~_~z,?z; 2x27_./~ and /~,(.~,/~/~¢ .-~.~.Jh~.2 , who, being duly sworn, each for .h. imself and not on.e for th~ 0-~er, did s~'y that the former is the Vice President - Distribution and the latter ~s the Assistant Secretary of Hardware Wholesalers, Inc., a corporation, and that said instrument was signed on behalf of said corporation according to its by-laws or by authority of its board of directors; and each of them acknowledged said instrument to be its voluntary act and deed. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: ? ,/1/ ,/ , Notary Public A Resident of/Allen'County, Indiana. i'iANCY J. DINI Notary Public Resident of Noble County, Indiana My ~ F. xpIM Novembtr 1~. KMS00693 MEMO TO: FROM: SUBJECT: DATE: Community Development Director Bob Arzoian, Building Inspector Building Activity for MAY, 1992 June 2, 1992 New Residence Value Multi Family Residential Adds & Airs Industrial Commercial Value Commercial Adds & Alts Signs, Fences, Driveways Accessory Struc~ares Mobile Homes TOTAL: MAY 1990 No. Dollar Amt I $ 63,OOO 0 0 14 44,100 0 0 2 13,800 MAY 1991 No. Dollar Amt 4 $ 340,000 52 864,000 12 48,850 2 28,000 1 1,787,000 No. MAY 1992 Dollar Amt 192,000 0 0 8 123,000 3 47,800 0 0 9 200 8 7,000 5 6,700 7 241,000 87 $3,315,850 6 275,900 32 $ 400,000 3 87,000 21 456,800 July 1-June 30 Fiscal Year-to-Date $6,167.972 $17.065,350 Robert Arzoian Building Official RS:lg BLDACT05.92 MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Community Development Department Disposition of Pete Cam Subdivision June 4, 1992 At the request of Councilor Dick Jennings, I was asked to provide a short status report on the disposition of the Pete Cam Subdivision. The Woodburn Planning Commission had not, as yet, approved Phase I and II of the final subdivision plat (see attached), the reason being that several conditions would have to be met prior to final approval. The most important of these conditions are as follows: 1) Have Woodburn's Park Board and City Council agree to accept this "Open Space" with the dedication of a ten-foot easement. 2) 3) or Form a Home Owners Association (HOA) who would be responsible for its upkeep. Any HOA will require Planning Commission review prior to if The "Open Space" and accompanying easements as shown on Tentative Plan II remain as a HOA responsibility, dedicate the ten-foot easement as shown on Tentative Plan II that adjoins Meadow Park walkway and coordinate this improvement with Meadow Park Owners Association. Provide a copy of this agreement at the time of final plat approval. 4) Identify on the final plat the street right-of-way across Mill Creek. Until the before-mentioned conditions are satisfied, the Woodburn Planning Commission cannot proceed with final approval of this subdivision. SG/Ig CAMDISP IIiOI