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Agenda - 10/26/1992 ~1J1rl1 (OJ[F W(OJ(OJ[Q)~lUJ[ffi~ 2U'@ 1I(9i](OJ~1i"@(OJlI(9i]mw ~1i"[ffi1E1IT * WOOlQ)~lUJ[ffi~. (OJ1ffilE@(OJ1M #.l @J{ff/fillfI))#.l 'W@@fI))!'&fUJflJdIftIj (f;/flnf r{;@{jj}/fillr{;[JfL @r{;7!@!'&{ff~ 2~u 'iJ@$)2 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. MINUTES A. B. City Council minutes of October 12, 1992 Planning Commission minutes of October 8, 1992 4. APPOINTMENTS AND ANNOUNCEMENTS A. Transportation Task Force ANNOUNCEMENTS PROCLAMATIONS 5. COMMITTEE REPORTS 6. A. Chamber of Commerce B. Woodburn Comeback Campaign COMMUNICA TIONS A. Chamber of Commerce letter in support of tax base 7. BUSINESS FROM THE PUBLIC (This allows public to introduce items for Council consideration not already scheduled on the agenda.) 8. PUBLIC HEARINGS A. Transportation Development Plan (Transit) 9. TABLED BUSINESS Page 1 - Woodburn City Council Agenda, October 26, 1992 'If" 3A 3B 4A 6A 8A 1'0. GENERAL BUSINESS A. Council Bill 1430 - Ordinance amending Ordinance 1333, the Portland 10A General Electric Company (PGE) franchise ordinance, to extend said ordinance until December 31, 1992. B. Council Bill 1431 - Resolution approving Revised Transportation 10B Development Program C. Council Bill 1432 - Resolution entering into 1992-93 Transit Operating 10C Assistance agreement with State D. Council Bill 1433 - Resolution calling for a public hearing on the 100 annexation of certain property located west of 1-5 and north of Highway 214. (Chappell Development) E. North Willamette Telecom application review - request for 90 day 10E extension F. Differential Police Response (DPR) Program 10F G. Authorization for cost sharing of street improvement. (Ziebart Addition) 10G H. Acceptance of easement from Fairway Plaza, Inc. 10H 11. APPROV AL OF CLAIMS 12. PUBLIC COMMENT 13. NEW BUSINESS 14. SITE PLAN/SUBDIVISION ACTIONS A. Preliminary subdivision approval - Ziebart Addition #92-05 8. Site Plan Review - Holiday Inn Express #92-12 14A 148 Page 2 - Woodburn City Council Agenda, October 26, 1992 or 1-5. STAFF REPORTS A. Traffic Safety Grant completion 15A B. Leaf pick-up program 15B C. Highway Fund Exchange Program 15C D. RSVP Director Retirement 150 E. Supreme Court Decision - Emanuel Hospital Case 15E 16. MAYOR AND COUNCIL REPORTS 17. ADJOURNMENT Page 3 - Woodburn City Council Agenda, October 26, 1992 ... :3A COUNCIL MEETING MINUTES October 12, 1992 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, OCTOBER 12. 1992. 0003 CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kyser presiding. 0005 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kyser Figley Galvin Hagenauer Jennings Sifuentez Steen Present Present Present Present Present Present Present Staff Present: . City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police Chief Wright, Park Director Holly, Finance Director Gritta, Library Director Sprauer, Public Works Manager Rohman, City Recorder Tennant 0020 MINUTES. JENNINGS/FIGLEy.... approve the Council minutes of September 28, 1992; accept the Library Board minutes of September 23, 1992 and the Planning Commission minutes of September 24, 1992. The motion passed unanimously. 0029 ANNOUNCEMENTS. A public hearing will be held on October 26, 1992, 7:00 p.m., City Hall, for the purpose of obtaining public testimony on the Transit Program's Transportation Development Plan. 0040 CHAMBER OF COMMERCE REPORT. Debbie Allstock, representing the Chamber Board, reminded the Council of the luncheon forum scheduled for October 21, 1992, 12:00 noon, at the Elk's Lodge. The guest speaker will be Norma Paulus. She also stated that application forms will soon be available for the annual Chamber/Kiwani's Club Christmas Lighting program. Page 1 - Council Meeting Minutes, October 12, 1992 'Ir 3A COUNCIL MEETING MINUTES October 12, 1992 TAPE READING QQ1Q COMEBACK CAMPAIGN COMMITTEE REPORT. Councilor Figley stated that the Comeback Campaign Committee is planning to celebrate another birthday party on November 12, 1992, Settlemier Park, between 6:00 pm and 8:00 pm.. The Committee will provide hotdogs, hamburgers, and cake. In addition, this year's contest will center on the theme "3 wishes for Woodburn" and children are encouraged to enter the contest. 0111 PUBLIC HEARING - ANNEXATION OF PROPERTY LOCATED WEST OF 1-5 AND NORTH OF HIGHWAY 214 (CHAPPELL DEVELOPMENT)' Mayor Kyser advised the audience that Chappell Development had requested a continuance of the public hearing in order to address recent issues raised by the State Highway Department and Marion County. The public hearing will be rescheduled to November 9, 1992, 7:00 p.m., and the hearing date will be renoticed in the local newspaper. Q.U.1 PUBLIC HEARING - NORTHLAND CABLE TELEVISION FRANCHISE RENEWAL. Mayor Kyser declared the p~blic hearing open at 7:05 p.m.. Administrator Childs stated that the Cable TV Advisory Committee, along with staff members, our consultant and Northland representatives, had worked on this renewal project over the last ten months. The proposed ordinance would extend the franchise for a ten-year period and changes are proposed in the following areas: 1) 5% franchise fee, 2) Northland's cooperation in possible updates and/or rewrite of Ordinance 1766 which is the enabling ordinance for any cable television franchise, 3) inclusion of a Public Education and Government Access Program (PEG), and 4) enhanced reporting procedures to the City. Administrator Childs reviewed in more detail the PEG Access program which calls for the appointment of an Access Provider group to develop rules and procedures for the program, implement the system, and to review and budget for ongoing maintenance of the program through the City's budget process. The proposed ordinance requires Northland to make a one- time payment of $55,000 within 90 days of its enactment for purchase of equipment specified within the ordinance, and future annual payments based on subscriber numbers will be made by Northland for upkeep and replacement of equipment. 0521 Steve Jolin, MuniCom Cable Consultant representing the City, further discussed the PEG Access program which will assist the schools, governmental agencies, and the public in utilizing equipment and studio facilities. He stated that numerous volunteers would be involved and Northland will provide up to 15 hours per week of staff time to assist individuals using the access channels. He also reviewed new federal Cable TV legislation which should have minimal impact on the proposed ordinance. In regards to the number of individuals to Page 2 - Council Meeting Minutes, October 12, 1992 1 3A COUNCIL MEETING MINUTES October 12, 1992 TAPE READING serve on the Cable Access Committee, he stated that the ordinance left the number open-ended, however, he would suggest the appointment of 5 to 8 individuals. The equipment purchased for this program would remain the property of the City and budgeting for future expenditures would follow the normal budgetary process. 0916 John Wetzel, President of Northland Cable TV, Inc., stated that citizens clearly stated within the hearings process that they wanted more public access. In addition to the PEG Access program, his company is also working towards a local news report. His company has also initiated a quality assurance service to their customers and periodically will poll subscribers regarding satisfaction of their service. Milt Parker, Cable Advisory Committee Chairperson, expressed his respect for Northland representatives for their assistance during the review process. He stated that the Committee had thoroughly reviewed the information obtained during the hearings process, ,investigated concerns of local residents, and went on field trips to other Cable TV studios. He recommended Council approval of the proposed franchise ordinance. Committee member Jack Barnett, 1485 Princeton, stated that numerous meetings were held to formulate the franchise renewal which benefit both the City and Northland Cable. He also recommended approval of the proposed ordinance. Committee member Ron Wilson, 1508 Aztec, commended Northland Cable for their willingness to negotiate the terms of the renewal and he recommended approval of the proposed franchise ordinance. Committee member Lloyd Wilson, 131 W. Clackamas, stated that Administrator Childs and Northland Cable were most helpful to the Committee during the review process. In his opinion, the proposed ordinance addresses most of the concerns of the local subscribers and should be approved by the Council. Dale Adams, 1030 N. 6th, stated that, as a past user of the equipment and facility, she was frustrated with the community access channel since it was inadequate to meet the needs of individuals wanting to use the equipment. She questioned what equipment would be purchased and locations of live feed hook-ups. 1481 Jack Dyste, representing Northland Cable TV, Inc., stated that advanced technology has brought on a tremendous reduction in price for equipment. He reviewed the list of equipment to be purchased which is outlined in the Page 3 - Council Meeting Minutes, October 12, 1992 'If 3A COUNCIL MEETING MINUTES October 12, 1992 TAPE READING proposed ordinance. He also stated that live feed hook-ups will be provided at the school district, city hall, and another location yet to be determined. The public hearing was declared closed at 7:55 p.m.. Mayor Kyser thanked the Cable TV Advisory Committee for their volunteer work on this project. 1743 COUNCIL BILL 1424 - ORDINANCE GRANTING A CABLE TELEVISION FRANCHISE TO NORTHLAND CABLE TELEVISION. Council Bill 1424 was introduced by Councilor Hagenauer. The two readings of the bill were read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kyser declared Council Bill 1424 duly passed with the emergency clause. 1791 COUNCIL BILL 1425 - ORDINANCE APPROVING ANNEXATION AND ZONE CHANGE OF PROPERTY LOCATED ON SOUTH SIDE OF PARR RD. BETWEEN BRANDYWINE SUBDIVISION AND CENTENNIAL PARK (48 ACRES - School District) . Council Bill 1425 was introduced by Hagenauer. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kyser declared Council Bill 1425 duly passed. 1851 COUNCIL BILL 1426 - ORDINANCE APPROVING ANNEXATION AND ZONE CHANGE OF PROPERTY LOCATED IN THE SOUTHEAST QUADRANT OF 1-5 SOUTH OF STATE HIGHWAY 214 (174 Acres - Caoital Development). Councilor Hagenauer introduced Council Bill 1426. 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 1426 passed unanimously. The Mayor declared the bill duly passed. 1944 COUNCIL BILL 1427 - RESOLUTION AUTHORIZING AGREEMENT WITH STATE HIGHWAY DIVISION FOR SIGNAL MODIFICATION AT HIGHWAY 214/EVERGREEN ROAD INTERSECTION. Council Bill 1427 was introduced by Hagenauer. The bill was read by title only since there were no objections from the Council. Public Works Director Tiwari stated that plans are being made to make a 4-way intersection at Highway 214/Evergreen Road. The property owners have agreed to dedicate the right-of-way, construct approximately 75 foot of roadway, and pay the additional $12,000 to add the fourth directional head at Page 4 - Council Meeting Minutes, October 12, 1992 'Ir .3A COUNCIL MEETING MINUTES October 12, 1992 TAPE READING the traffic signal. The City will do the necessary engineering work on the project. On roll call vote for final passage, the bill passed unanimously. Mayor Kyser declared Council Bill 1427 duly passed. 2089 COUNCIL BILL 1428 - RESOLUTION AUTHORIZING INTERGOVERNMENTAL AGREEMENT WITH MARION COUNTY AND JANICE D. ZYRYANOFF REGARDING MUNICIPAL JUDGE. Councilor Hagenauer introduced Council Bill 1428. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1428 passed unanimously. The Mayor declared the bill duly passed. 2134 COUNCIL BILL 1429 - RESOLUTION ENTERING INTO A STIPULATION AND FINAL ORDER WITH THE DEPARTMENT OF ENVIRONMENTAL QUALITY. Council Bill 1429 was introduced by Hagenauer. The bill was read by title only since there were no objectio.ns from the Council. Public Works Director Tiwari stated that the City and DEO have met to work out the details of the stipulation and final order which allows the City time to modify and construct facilities to meet new federal regulations. Violation of the discharge limits would trigger an automatic fine within the range of $100 to $250 per day instead of $10,000 to $20,000 per day. Prior to this, DEO has issued a discharge permit, however, they have taken the permit process and replaced it with a stipulation and final order. The staff does not foresee any violation with the normal operations of the plant. Some concern was expressed by the Council regarding future financial commitment for construction of a new plant. On roll call vote for final passage, Council Bill 1429 passed unanimously. Mayor Kyser declared the bill duly passed. 2488 CLAIMS FOR THE MONTH OF SEPTEMBER 1992. SIFUENTEZ/FIGLEY.... approve voucher checks #15946 - 16322 for the month of September 1992. The motion passed unanimously. 2533 SITE PLAN REVIEW. The Planning Commission approved the following site plans at their September 24, 1992 meeting: 1) Skipper's Restaurant (Stacy Allison Way), and 2) an office complex (787 Glatt Circle). No action was taken by the Council. Page 5 - Council Meeting Minutes, October 12, 1992 'Ir 3A COUNCIL MEETING MINUTES October 12, 1992 TAPE READING 2565 The League of Oregon Cities annual conference will be held in Portland between November 14 and 16, 1992. Councilors interested in attending the conference were requested to contact Administrator Childs within the next few days. Mayor Kyser also stated that the Council will need to select a voting representative at the next regular meeting. 2654 Councilor Hagenauer commended the Police Department on the work being done to reduce traffic speed on East Hardcastle. 2676 Councilor Sifuentez questioned this year's leaf disposal policy. Director Tiwari stated that the City will follow the same policy as last year with work to begin towards the latter part of the month. 2727 Councilor Steen questioned the status of the remodeling project on North Front Street. Community Development Director Goeckritz stated that the project has been completed. He will check with Code Enforcement regarding the removal of the scaffolding. 2762 In reference to the July 4th staff report, Councilor Figley expressed her appreciation to Lt. Eubank and all the volunteers who helped to make the annual event a success within the community. 2852 ADJOURNMENT. The meeting adjourned at 8:24 p.m.. APPROVED FRED W. KYSER, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 6 - Council Meeting Minutes, October 12, 1992 'Ir 3'8 MINUTES PLANNING COMMISSION OCTOBER 8, 1992 1) ROLL CALL: Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Mr. Johnson Mrs. Warzynski Mrs. Henkes Mrs. Bjelland Mrs. Grijalva Mr. Pugh Mr. Bauer Mr. Stovall Present Absent Absent Present Absent Absent Present Present Staff Present: Steve Goeckritz, Community Development Director Barbara Sochacka, City Planner 2) MINUTES: Planning Commission minutes of September 24, 1992 were approved as written. Woodburn City Council minutes of September 14, 1992 were accepted as presented. 3) BUSINESS FROM THE AUDIENCE: None 4) COMMUNICATIONS: None 5) HEARINGS: A. Site Plan Review #92-12 Holiday Inn Express/Kensington Management Inc. Staff read the statement necessary to begin the hearing. He stated that the applicant wished to build a 3 story, 80 unit motel complex. It will have a swimming pool but no restaurant. The property is located on the north side of Hwy 214. He commented on the concerns of the State Highway Division regarding traffic affects of this development on the Hwy 214/1-5 Interchange area. Staff went over the four conditions that would have to be met to accomplish this project. He stated that all parties involved in this alternative 'Ir 3.8 access design have indicated their desire to cooperate in this proposal. Staff stated that in his conversation with the State Highway Department staff, they were satisfied with the alternative driveway access design. The applicant, Robert Jensen, 3196 Palm Arrow Way, Pebble Beach, CA, stated that he wished to clarify what he and the adjoining property owners have discussed as to what they will do. He stated that he would enter from Highway 214 between Wendy's and J's and exit from the Holiday Inn, to the proposed north extension of Evergreen Road to the Highway 214 signal. Chairperson Johnson asked what the difference was between a Holiday Inn Express and a regular Holiday Inn. Mr. Jensen stated that the only difference being that a Holiday Inn Express doesn't have a restaurant or lounge. Commissioner Stovall asked what Mr. Jensen's plan was for the rest of the property. Mr. Jensen answered that he would like to build a Best Western motel on the remainder of his property There being no other comments from the audience the Chairperson closed the public hearing. There was some discussion between staff and the Commission about requesting from the State Highway Division a letter clarifying their response to this proposal. Commissioner Bauer made the motion that Site Plan Review #92-12 be approved with the provision that the City receive a letter from ODOT approving and agreeing with the proposal as submitted by the City Planning Department. Commissioner Stovall seconded the motion. A vote was taken and SPR #92-12 passed unanimously. There was some additional discussion about the participation of other owners along with Mr. Jensen and Mr. Brice regarding the Evergreen accesses extension to the proposed development. B. Subdivision #92-05, Variance #92-05, Ziebart Addition/Ziebart Homes 1 :5.[). Staff read the statement necessary to begin the public hearing. Staff stated that the applicant, Ziebart Homes, wished to develop a 13 lot subdivision on a three acre parcel located on the northwest corner of the intersection of Settlemier Avenue and Ben Brown Lane. The applicant is also requesting a variance to the subdivision standards for lots not abutting on a public street. Staff stated that at the September 17, 1992 staff/applicant meeting the applicant was requested to provide more information. At this time the applicant has not fulfilled the obligations as requested, therefore, staff recommended a continuance of this hearing unless the applicant could provide this information at the hearing. There was some discussion about the conditions of approval listed in the staff report regarding sidewalks and drainage. Ron Ziebart, P.O. Box 20188, Keizer, OR 97307, applicant, stated that he was concerned about his having to take full financial responsibility for both sides of Ben Brown Lane and pay for full street improvements. He was concerned about the extra 150 feet of street from his property to the Kelowna intersection. He had concerns about the setback requirements for his corner lot that had an existing dwelling and identifying floodway/floodplain designated lots. Hazel Smith, 105 Ben Brown Lane, stated that she was for the improvement of the property. She also was concerned about Mr. Ziebart having to pay for full street improvements for that portion that extends past his property. Staff answered that the individual on the south side might not be interested in improving his side of the road. The City cannot force them to if they are not interested in developing their property. Staff stated that the applicant has the opportunity to work with the Public Works Director and the surrounding property owners over the s~reet improvements. Chairperson Johnson asked if there was anyone who wished to speak against the proposal. Mary McFay, 705 S. Settlemier, stated that her husband talked to the Public Works Director and he was assured that they would not be responsible for any of the street improvements on Ben Brown Lane, that the developer would be responsible. Chairperson Johnson closed the public hearing. There was some discussion between staff and the Commission about the flood areas of the proposal. lr ~I::J Commissioner Bauer made the motion to approve the Subdivision #92-05 and Variance #92-05 with the additional condition for clarification that sidewalks be constructed on Settlemier, anfd the applicant negotiate street improvements with the Public Works Department. A letter requesting such be forwarded from the Chair to the Public Works Director. Commissioner Bjelland seconded the motion. A vote was taken and passed unanimously. 6. REPORTS: Building Activity Monthly Report for September 1992 Code Enforcement Monthly Report for September 1992 7. BUSINESS FROM THE COMMISSION: Chairperson Johnson ask staff if Randy Rohman and Frank Tiwari would be at the next meeting to discuss more traffic issues? Staff answered yes the discussion would be a follow up from last month. Chairperson Johnson asked if the City Council had received the Transportation Task Force proposal presented to them. Staff answered that the Mayor was reviewing the names, and is looking for a couple of additional names, possibly from the County Board of Commissioners. It will be presented on October 26, 1992 for Council review and approval. Chairperson Johnson asked about 99E improvements. There was some discussion on the 99E improvements. 8. ADJOURNMENT: There being no further business the Planning Commission meeting adjourned. 8. ADJOURNMENT: IT MEMO TO: City Council FROM: Mayor SUBJECT: Transportation Task Force DATE: October 20, 1992 L/A- The Woodburn City Council is well aware that transportation issues have been one of the major focal points of discussion over the last few months. These discussions regarding transportation issues have been brought to the forefront more and more as the city realizes unprecedented growth. It is estimated by staff that if our growth rate remains at its present level, we will realize a 35% increase in population over the next ten years. Such growth without reservation is going to have a marked impact on the city's transportation system. In addition to our growth potential, the State of Oregon implemented the State Transportation Rule in January, 1992 which requires cities such as Woodburn to put a detailed transportation plan in place by 1994. This plan must take into consideration not only future intra city street networks but also state highway improvements, bicycle paths and lanes, pedestrian walkways and public transportation plan. To fulfill the obligations of planning the.city's immediate transportation needs and meet the spirit of the State Transportation Rule will require a concerted effort on the part of the city council and planning commission. To meet these obligations substantial efforts in the policy development area will need to be made that will require more time than either the councilor commission may have time to address. Therefore, staff is requesting the mayor and council to appoint a special transportation task force that would formulate a draft document for council/commission review. The intent would be to provide both bodies with progress reports as the document is developed. The task force is made up of the following members: Woodburn City Council person to chair group Two Woodburn Planning Commission members - Oregon State Highway Division representative Marion County official * Capital Development representative * Chappell Development representative Three citizens at large Woodburn Planning staff member Woodburn Public Works staff member Woodburn Police representative * Participating in only the short term project Dick Jennings Paul Johnson, Richard Pugh John deTar Gary Heer Cynthia Nelson Hal Keever Robert Barnum, Henry Jaeger, Darrell Kelly Steve Goeckritz Frank Tiwari alternate Randy Rohman Ken Wright 11" L)A Memo to City Council October 20, 1992 Page 2 The basic tasks of this group are as follows: Address short term transportation issues, e.g., traffic mitigation techniques for new development proposals, street realignments, access management, computerized transportation model and funding issues in the area of the 1-5 interchange. It is anticipated this effort will take 3-4 months to accomplish. It is anticipated that Chappell and Capital Development will participate in funding an outside consultant. Long-term projects will involve positioning of future collector and arterial street patterns, interchange access design, by-pass routes and funding issues. It is anticipated the completion of a city-wide transportation plan, a long-term project, will take approximately 18 months to complete. See attached draft work program. SG:lg Attachment IT 4'A TRANSPORTATION TASK FORCE WORK PROGRAM GOAL: Facilitate traffic flow in the City of Woodburn that meets the need of citizens of Woodburn and conforms to the statewide transportation planning rules. OBJECTIVES: 1) Review the overall goals and policies of the transportation section of Woodburn's Comprehensive Plan. 2) Define short range and long range traffic related issues, i.e., vehicular, bike, pedestrian and mass transit. 3) Prepare a draft document that provides the basis for community discussion and decision making for the planning commission and city council. SHORT TERM TASKS Study Area: Area delineated by: Example: Crosby Rd-Butteville Rd-Market Rd-Parr Rd-Evergreen Rd ROAD NETWORK DESIGNS -- ANALYSIS OF POSSIBLE ALTERNATIVES: Analysis of the existing road network: existing land use designations and their development potential; __ existing Transportation Plan and its compliance with the Transportation Rule Analysis of proposed expansions to the existing road network: Areas inside existing Urban Growth Boundarv: proposed developments (recent development applications: Chappell Inc., Capital Development, Holiday Inn Express, fast food restaurants) and their impact on road capacity; analysis of possible alternatives to improve traffic flows within the existing Urban Growth Boundary (example: more aggressive access management, construction of new roads, traffic management devices); focus on the 1-5 Interchange: possible alternatives to redesign the interchange (example: "clover leaf" concept, Hwy 214 improvements) Land inside proposed studv area (Crosby--Butteville--Parr--Evergreen) exploring Urban Growth Boundary amendments with appropriate Comprehensive Plan designations to achieve a desirable land use/transportation capacity balance (gravity model iterations to be applied) exploring a possibility of developing another 1-5 interchange within the study area LONG TERM TASKS To be formulated by the Transporation Task Force TASKFORC.CC - ". 6A October 21, 1992 Mayor and City Council City of Woodburn Woodburn City Hall 270 Montgomery Woodburn, OR 97071 Re: City of Woodburn Tax Base Dear Mayor and Council Members: The Board of Directors of The Woodburn Chamber of Commerce desire to express their full support for the passage of the tax base now scheduled for vote. It is the consensus of the Board that their support should be publicized and the board wishes to urge the City of Woodburn voters to retain the city services now enjoyed by those who live and work in this community. The Woodburn Chamber of Commerce Board hereby wishes to go on record as lending full backing to passage of the tax base. Yours truly, ()L y:: b~ JOANN K. BECK On Behalf of Woodburn Chamber of Commerce Board of Directors JKB/bk 1 8A MEMO FROM: City Council through City Administ~ator ~ Public Works Program Manager jJJ; TO: SUBJECT: Public Hearing on Transportation Development Program DATE: October 14, 1992 Copies of the draft Transportation Development Program have been delivered to Council earlier and have not been included. The program consists of two parts - the program itself and a separate "stand alone" Paratransit Plan which is an attachment to the Transportation Development Program. Americans with Disabilities Act (ADA) requirements include an annual update of the plan and a public hearing on that update. The Federal Transit Administration (FTA) reviewed last years plan and gave the City a list of 13 items in the plan that required correction. All but one of these items were minor and have been included in the revised plan that has been proposed. The City, however will not be able to comply with one item highlighted by the FT A. This deals with the City practice of operating the paratransit van less days and hours that the fixed route service. The ADA required that paratransit be complementary. In order to be complementary the ADA states that paratransit service "shall be available throughout the same hours and days as the entity's fixed route." The City cannot afford to provide and there is not a need for paratransit service from 9 am to 5 pm Monday through Friday. It was estimated that an additional $28,600 would be required to provide service that is not required at this time. The City and State have discussed this item with the FT A extensively. Since the City has only the one fixed route it must provide paratransit service that matches fixed route days and hours to be considered "complementary" under the law. There are provisions in the ADA that if compliance with the service criteria, of which days and hours of service is one, creates an undue financial burden a waiver from compliance can be requested. Waiver's can be requested at the time the annual plan update is submitted. Since we are currently undergoing this update, a waiver request will be prepared and submitted with the revised plan. Failure to comply with ADA provisions could lead the loss of Federal public transportation assistance. From discussions with FTA personnel it appears that, in the City's situation, a waiver request would be favorably received. At this point the waiver request is the City's only practical option that will allow budgeted funds to be utilized effectively. A resolution has been prepared to approve the plan which includes the decision to apply for the undue financial burden waiver. l lOA MEMO TO: Mayor and City Council FROM: Chris Childs, City Administrator tf,tc, S U BJ.: T emporarv Extension - Portland General Electric Franchise DATE: October 21, 1992 RECOMMENDATION: Approve accompanying Ordinance granting temporary extension of existing Portland General Electric {PGEl franchise agreement through December 31, 1992. BACKGROUND: Informal negotiations with PGE have been ongoing for approxi- mately three months. The principal areas of mutual concern in franchise language have now been identified, which will aid both parties in reaching a satisfactory resolution of each concern. This is important in that the existing franchise agreement concludes a twenty year period and issues relevant to the present, the 1990's, must be properly identified and addressed. Technically, the franchise expired earlier this month. The PGE representative has indicated that, in other cases involving other cities, there has frequently been only a "gentlemen's agreement" to continue under the terms of an expiring franchise until such time as a new long-term franchise is negotiated. One example involved a city in the Portland Metro area, where some two years elapsed between franchise agreements. Staff believes that continuity should be maintained and that the formality of an ordinance temporarily extending the existing franchise, such as this one accomplishes, is a minor but important detail. Portland General Electric's representative concurs with the need for such an extension (see attached letter). Our discussions and negotiations with PGE are proceeding smoothly and amicably, and staff is confident that a formal long-term franchise agreement should likely be achieved within the December 31, 1992 time frame described above. IT loA it=" ~ C PorUcnl GeIe<d EkldrX:~ October 20, 1992 Chris Childs City Administrator City of Woodburn 270 Montgomery street Woodburn, OR 97071 U~~ You, Nancy Gritta ~nd I have made good progress in our discussions regarding the franchise between the City of Woodburn and Portland General Electric over these past few months. The review of annexation notification status was particularly gratifying, in that we were able to establish the fact that the City is current. . As we discussed last week, I do support your Council taking action on an ordinance which would extend the current franchise agreement until December 31, 1992. I believe this will give us the time to carefully examine and discuss the remaining issues, and result in a better product for both the City and PGE. Please give me a call if there are any questions at 463-4358. I look forward to working with you and Nancy, at our next meeting on November 4, 1992. Best regards, L~P~S Governmental Affairs 121 Sw. Salmon Street Portland, Oregon 97204 - IT !CJA COUNCIL BILL NO. 1430 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE 1333, THE PORTLAND GENERAL ELECTRIC COMPANY (PGE) FRANCHISE ORDINANCE, TO EXTEND SAID ORDINANCE UNTIL DECEMBER 31, 1992 AND DECLARING AN EMERGENCY. WHEREAS, Ordinance 1333 grants a franchise to Portland General Electric Company for the purpose of providing electrical service to the residents of Woodburn and WHEREAS, according to the terms of this ordinance this franchise expired on October 1, 1992, and WHEREAS, negotiations between the City and PGE are ongoing and a renewal of PGE's franchise is anticipated in the near future; and WHEREAS, PGE has consented to the amendment of Ordinance 1333 to extend the terms of its franchise until December 31, 1992; and WHEREAS, it is in the best interest of the City to amend said ordinance so that electrical services can continue to be provided during the interim period before final agreement is reached, NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: . SECTION 1. The Council finds that Portland General Electric Company has consented to this amendment. SECTION 2. The terms and conditions of Ordinance 1333 are readopted subject to Section 3 below. SECTION 3. Section 2 of Ordinance 1-333 is amended to read as follows: Section 2. Franchise Term. This franchise expires on December 31, 1992. SECTION 4. 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 and approval by the Mayor. Page 1 - Council Bill No. Ordinance No. ". Approved as to form~~ ~ City Attorney APPROVED: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder /0- 20- &JZ- Date FRED W. KYSER, MAYOR City of Woodburn, Oregon Page 2 - Council Bill No. Ordinance No. 11" /011 /6.8 COUNCIL BILL NO. 1431 RESOLUTION NO. A RESOLUTION APPROVING THE REVISED TRANSPORTATION DEVELOPMENT PROGRAM. WHEREAS, The Transportation Development Program is the long range planning document that guides the development of the city's public transportation services, and WHEREAS, The Capital Improvement Program included as attachment one is required for application for capital assistance, and WHEREAS, The paratransit Plan included as attachment two is required by provisions of the Americans with Disabilities Act, and WHEREAS, A survey of existing paratransit service has been conducted, and WHEREAS, Program updates have been accomplished as required by the program, NOW THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: The City of Woodburn approves the revised Transportation Development Program which is attached as Exhibit "A" and by this reference, incorporated herein. Approved as to form~~ ~ City Attorney /()- 21)-72- Date APPROVED: Fred 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 lr JoB EXHIBIT "All Copies of the Transportation Development Program have been provided to members of the council. 11" Joe MEMO FROM: City Council through City Administrator Public Works Program Manager .il~ P--- FY 92-93 Annual Operating Assistance Grant Agreement for Transit System TO: SUBJECT: DATE: October 14, 1992 RECOMMENDATION: Approve the attached resolution entering into an operating assistance grant agreement with the State of Oregon for the transit system. NOTE: The agreement was not included as part of the agenda. It will be available for review at the council meeting. BACKGROUND: This is a renewal of a continuing operating assistance grant administered by the State under Section 18 of the Federal Transit Act. The assistance amount, $16,700.00, has been constant for the past three years. Approximately 60% of this is from Federal funds with the remaining 40% from the State general fund. There were minor changes to the agreement correcting some errors and adding information from the Americans with Disabilities Act. Several parts of Exhibit D no longer applied and were deleted. A new exhibit F was added containing a copy of the Federal Transportation Administration rules on assistance grants. The agreement has been reviewed by the City Attorney. The future of this continuing assistance agreement points to possible reduced funding levels. The Federal Government is proposing a 15% decrease in Section 18 funding. The State general fund contribution will be under heavy scrutiny during the 1993 legislative session as they deal with Measure 5 funding issues. lr /0 C. COUNCIL BILL NO. 1432 RESOLUTION NO. A RESOLUTION ENTERING INTO AN AGREEMENT WITH THE STATE OF OREGON, DEPARTMENT OF TRANSPORTATION KNOWN AS THE "ANNUAL OPERATING ASSISTANCE GRANT AGREEMENT" FOR FISCAL YEAR 1992-93, AND AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN SUCH AGREEMENT. WHEREAS, the City of Woodburn has applied for operating assistance funds for Fiscal Year 1992-93 under Section 18 of the Federal Transit Act of 1964, and WHEREAS, the 1991 Oregon Legislative Assembly authorized State General Fund assistance to transit systems pursuant to Chapter 428, Oregon Laws 1991, and WHEREAS, the State of Oregon, Department of Transportation, Public Transit Division has approved our application for $16,700 from such funds, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an agreement with the State of Oregon acting through its Public Transit Division to secure Federal funds through Section 18 of the Federal Transit Act of 1964, for operating assistance during fiscal year 1992-93. Said agreement is attached hereto and by this referenced incorporated herein. Section 2. That the Mayor and City Recorder of the City of Woodburn be authorized to date and sign said agreement on behalf of the City. Approved as to For~ ~~ /0 /1 J /12.. I I 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 lr /0 C!. ATTACHMENT Because of its length, the entire agreement has not been copied for inclusion in your packet. It is attached to the original resolution and is available from the City Recorder. - I /0 D COUNCIL BILL NO. 1433 RESOLUTION NO. A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ANNEXATION OF CERTAIN PROPERTY DESCRIBED HEREIN. THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Pursuant to ORS 222.120, 7:00 p.m. on November 9, 1992 is declared to be the time set for public hearing before the Woodburn City Council on whether the City of Woodburn shall annex that property described in Exhibit "A" and Exhibit "B" attached hereto. Section 2. Pursuant to ORS 222.120, no election is required on this issue. Section 3. Notice of said hearing shall be published once each week for two successive weeks prior to the day of the hearing, in a newspaper of general circulation in the City,and notices of the hearing shall be posted in four public places in the City for a like period. Approved as to for:1l~ ~/) to - Z 0 - '7 Z 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. I EXHIBIT "A" 10 D Beginning at a point which is 1348.51 feet North 88053' West and 786.11 feet North 89006'47" West from the most Easterly Northeast corner of the William Darst Donation Land Claim No. 60 in Township 5 South, Range 2 West of the Willamette Meridian in Marion County, Oregon; thence South 8031 '01" West 624.06 feet; thence North 89023'29" West 713.37 feet; thence South 30019'50" West 396.07 feet; thence North 89020' West 119.59 feet to a point on the West line of a tract of land conveyed to Ray Scampley by deed recorded in Volume 340, Page 306, Deed Records for said County and State; thence South 0058'26" East 400.00 feet to the most Southerly Southwest corner of said tract of land; thence South 89020' East along the South line of said tract of land 931.03 feet to a point on the Westerly right-of-way line of the Interstate Highway No.5; thence North 35021'14" East along said right-of-way line 1653.93 feet to a point on the North line of said tract of land; thence North 89006'47" West 769.52 feet to the place of beginning SAVE AND EXCEPT all that portion of the above described property lying within County Road No. 511, also known as Arney Road. Real Property Tax Account No: 44114-000 Situs Address as disclosed by Marion County Tax Roll: 2797 Arney Rd. Woodburn, Oregon 97071 - 'Ir f;tfj' ~~.=.: i + ----- - - ::> : .~=-:=- g . . ~; mo'o," ~~'~i ~- :; Q J~/-~ : , . ~ ~+ D /0 D EXHIBIT IIBII Nt --" ~II': <0 ~-=-r---=---1< : . @:0 . ~ 'j' ~- .J!,I! I~j i @: = 0) .1= 'I.{- :---...-::' ~~. Jf, -----. ~-~~ . ~. iC-7<- . J . 00 03 0 A~ 0<:> /1 ~ ~ ~ ... i t ~t' .1,. ,/ o l~ =.:;-=--::=-~--~...f 0~"'r 1/ 4-----~JJ! ~.#f.:i::" ~ I..t;;# / .~ - J" # / AIIf" 200 ~f /v / .'- :/, ~f'~' / ..~ ~~.~f# /J?~/ / ~r" -w ;r <, k ... f / .:-r- 103 ~ 03 0 __.------- .~~; / ~J .---- :1' ;L,-~--~ / // / I j I ~ ""'" =----= ~+- _ URBAN GROWTH BOUNDARY CITY UM1TS ~l ~ 1 see......,. ( LOCATION ~ :: ROAD o o c -$- <:":'" ~c ".. --if ..... -......"0....--_. " i~__.____u~~~__:_.~.__~::::::-_-_.-------_..i-~ . .. IT /D IE MEMO TO: Mayor and City Council FROM: Chris Childs, City Administrator ~ SUBJ.: Extension of Review Period - NWT Cable TV Application DATE: October 20, 1992 RECOMMENDATION: Authorize extension of review period described in Sec. 6(d} of Ord. No. 1766, regarding North WiJlamette Telecom Cable TV franchise application, for an additional 90 days. BACKGROUND: The franchise applicant, North Willamette Telecom, has requested a 90-day extension of the review period to allow more sufficient time for the City Administrator and our CATV consultant to fully review the application. A copy of the applicant's letter is attached. Staff concurs that such an extension is reasonable, proper and necessary to thoroughly evaluate the North Willamette Telecom proposal, which could significantly impact the city in many respects. The requested time extension would likely result in a report and recommendation from the City Administrator to the Council in early January, 1993. lr lU/ l~/~L 11; UO 'a LOOOLO\;J ~ 1 i\ i\Un 11~ --- ~UD~ ~UDL1~ ~h~ 19J UUL JOE ~ I__.&.L.. 'A '.11__ _.LL_ ...._1____ I~UI loll VVIIICJIIIC LLe: l'=Ie:\..UIII October 19,1992 Chris Childs City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Subject: Franchise Application Procesures (Cable Television) Dear Chris: Ordinance 1766, Section 60 requires the City Administrator's recommendation be provided to the Council within 90 days of the acceptance of a proposal. North WiUamette Telecom filed a proposal on April 30, 1992 and the city accepted the proposal on July 27, 1992. The ninety-day deadline is October 26, 1992. The City of Woodburn hired a consultant to assist in the process of reviewing Northland's renewal and North Willamette Telecom's proposal. The focus of the city and Steve Jolin, the consultant, have been on die renewal process of Northland due to unanticipated extensions regarding that process. The focus now has begun on the review of North Willamette Telecom's proposal. After discussions with both Chris Childs and Steve Jolin about beginning the'review process, we are all in agreement that additional time beyond October 26, 1992 would aHow sufficient time to complete the process. North Willamette Telecom hereby requests a ninety-day extension to allow sufficient time to review the proposal and for the City Administrator make a recommendation to the Council. Thanking you in advance for your consideration. Sincerely, NORTH WILLAMETTE TELECOM c:::::.' ~Uf~-q Jf? ~ CC Eugene L. Cole President ELC:cM@ 190 S.E 2nd Avenue. p.o. Box 850 . Canby. Oregon 97013 · (503) 263-8080/1-800-642-8464 . Fax (503) 266.8297 - lr /0 ;: CITY OF WOODBURN POLICE DEPARTMENT MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 982-2345 Ken Wright Chief of Police Date: October 21, 1992 . s Childs, City Administrator Wright, Chief of Police Subject: Differential Police Response (DPR) The Police Department DPR Program is a plan of addressing citizen concerns through alternative response situations. The included Staff Report and procedures need to be evaluated and approved by the City Council. RECOMMENDATION/MOTION: To approve the Police Department's Differential Police Response program recommendations as an accepted form of delivery of police services, and to direct a complete evaluation of the program to be delivered back to the Council in November, 1993. 11' /09 MEMO FROM: City Council through City Administrator Public Works Director~ L,-^-0--=--~ Cost Sharing of Street Improvement TO: SUBJECT: DATE: October 21, 1992 RECOMMENDATION: Approve cost sharing of street construction expenditure estimated at $9,375.00. BACKGROUND: Recently Woodburn Planning Commission approved Ziebart Subdivision that allows access to lots from Ben Brown Lane. This street is unpaved at this time and it connects Settlemier Street to Kelowna and Elana Streets. The improvement of Ben Brown will provide another paved access from Kelowna and Elana to Settlemier which is a desirable feature. However, the subdivider's property ends approximately 125 feet east of existing pavement and he is unwilling to extend his improvement beyond the limits of his property. The Planning Commission has suggested that a cost sharing approach, beyond subdivider's property, may be desirable to accomplish the task. It appears that Mrs. Smith, the owner of property on the west side of the subdivision, is willing to pay one-half the cost of street improvements adjoining her property. Therefore, the city's contribution to the other half will complete this desirable improvement and connect Kelowna and Elana to Settlemier Street. The entire street improvement project is expected to cost $72,000.00 including city's share and Mrs. Smith's share of $9,375.00 each. The subdivider is willing to work with the city and, as a good faith gesture, has agreed to provide a storm water retention easement to the city beyond the area required by the ordinance. Since the city is trying to improve many streets at this time, cost sharing of the street appears to be a very cost effective method of achieving this improvement. Therefore, it is recommended that the city council approve cost sharing approach for the actual construction expenditure of street estimated to be $9,375.00. The money will be taken from line item 35.350.720.001 under State Revenue Sharing funds of the approved budget. GST:lg Attachment: 1. Vicinity map 2. Letter from Ziebart Homes, subdivider 3. Planning Commission letter ZBRTSTRT.IMP lr ... " / If RO~I' Z I EBART TEL ~Io. 390-251111 Oct.20.92 15:18 P.02 --70 G, CITY OF WOOUBUKN Planniu9 Dcpt. 2/0 Montgomery ~t. WOODBURN, OR 97071 ATT. Frank Tiwari P.E. fublic works Director 'r , . . ". . , ~~. _:1'-... \.'I'-,j, 1\ I . .h.' ~.. . ............ .,~'l""',.i:':.~~~ .:~;..w.-~.~ ~ RE: ZIEBART ADDITION 192-05 F.."ank; This letter is in response to the conditions placed on the ZIEBhRT ADDITION by THE HOODDURN PLhNNINO COMMISSION. There were conditions p]~~~rl on th~ subdivision approval that l'equi t ~d full slreet improvements on BEN BROWN' S LANl!: from SETTLEMIER ST. to the west end of BEN BROWN LANE. Thp. wp.~tArly Anrl of thi~ property is bp.yond our rrorerty boundary. The land own9r to the West of our prorerty, Mr~. Smith. has agreed to pay for one-halt of the street imp~ovement for her side of BEN BROWN'S LANE. It is our opinion that the CITY OF WOODRtTRN F.hould ~;ntl11' pay tor the other side ot that portion of BEN BROWN S LANE. We feel that thi~ would be ~ fair approach sinc9 this po~tion o{ BEN BROWN'S I."-NF. ; F. not ~ontiguous to out property. ~ The bcnefits that th9 city of WOODBURN would r~~l;v.p. by paying for the halt street 1mprovements include the !ollowiu9 points: 1) street improvements thal wuulu not otherwi5e occu~ for many year3. The ~pplicant will not to pay for the full improv~m~nt. Th~rp.fore. the improvement will not occur on BEN BIWWN"tj LAN~ unless the eit)' parHcipale3. ?) 7.JF.flAR'l' HOMES. INC. . at the present time, 1s setting a~ia~ 20' on either 5ide of the existing dr~in~9c ditoh. Thie is approximately 7200 squ~r~ fAP.t as required by conditions of the subdivision approval. We will set 8~ide an additional 50 , (approximately 3600 sq. ft.) foy ~torm drainage and retention areas. Th1s additional [ool~ye will be predominately to the north end of the drainage ditch (lots 9 \ 10). The tinal outline ot thiS retention area will b~ te[lected on our final plot plan and iz Eubject to public works apI,roval- P.O. Box 20188 . Keizer. Oregon 97307 . 585-3423 · 585-3649 (FAX) · 0.0. #64023 11" ROM ZIEBART TEL No.390-251111 Oct.20.92 15:18 P.03 /0 9 '\ ~~~;\ '" ,..1,.. lU , l')~ t.a~. ~ 3) Preliminary cost estimates tor thp. h~lf ~treet improvements (approximately 12~ feel), a~ ~:3limated by n~VR TR~PP ~ ASSOCIATES. would cost the cily $9,375.00. To clarity this, ZIEeAK~ HOMe~. INC.. would be responsihlp. for full fltrcct improvement from SE'I''I'LEKIER ST. lo lh~ westerly property linn of the proposed sub-division. Mrs. Smith would be L~:31-loJlsible for half of the street improvemE.nt from there to the wcotcrly end of DEN DROWN I S LAN~. The ~ITY OF WOODBURN would hp. rp.~pnn~ib]e for the other h~lf of BEN BROWN'S LANE. 4) Engineering for the entire street improvement beyond our property, as well 8S con~truction permits fees, for all road work reo~rdlp.~~, of whioh party will participate in the Lo~d ~o~L:3, will be paid by ZIEBART HOMES, INC. We feel lhat these bene!jl~ will mure lhan repay the city of WOODBURN for the cost of the etreet improvcmcnta. Sincerely, G fu~~~ent ZIEBART HOMES, INC. P.O. Box 20188 . Keizer. Oregon 9/301 . 585-3473 . 585-3649 (FAX) · B.6. #64023 'Ir 10 G CITY OF WOODBURN 270 Montgomery Street . Woodburn, Oregon 97071 . 982-5222 MEMO TO: Woodburn Public Works Director FROM: Paul Johnson, Planning Commission President SUBJECT: Ziebart Addition DATE: October 9, 1992 At our hearing of October 8, 1992 the Woodburn Planning Commission approved, with conditions, the Ziebart Subdivision. One of those conditions requires the developer to improve Ben Brown Lane to city subdivision standards along its entire length. In addition to extending the street improvements .another 100-130 feet beyond his west property boundary, the commission feels that such a condition to improve the additional 1 00-130 feet of street puts an additional financial hardship on the developer. The commission, therefore, requests the Public Works Director review alternatives such as city cost sharing in the 100- 130 foot road extension with adjoining property owners. I would appreciate being informed of your decision on this matter when this issue is resolved. PJ:lg wcuJ) ZIEBART.ADD 11' 10 H MEMO SUBJECT: City Council through City Administrator Public Works Director ~ ~~' Easement for Street Purposes TO: FROM: DATE: October 22, 1992 RECOMMENDATION: Accept the easement from Fairway Plaza Inc. as presented. BACKGROUND: Evergreen Street is planned to be extended to the north of Hwy 214 prior to development of the properties between 1-5 and Fairway Plaza. The City of Woodburn, in cooperation with the property owners and Oregon State Highway Division, is trying to get the modification of traffic signal accomplished. The easement area, in the attached document, is necessary for the modification of the traffic signal. Therefore, acceptance of easement is recommended. EASEMENT 0 m;;;\=ti ~ )> tfd[ GST:lg i I l ... EVERGRN.EAS 11' 10 H EASEMENT KNOW ALL MEN BY THESE PRESENTS, that FAIRWAY PLAZA. INC. for the consideration of One Dollar ($1.00) and other valuable considerations to them paid, the receipt whereof hereby is acknowledged, hereby do forever grant unto the CIlY OF WOODBURN, a Municipal Corporation of Marion County, Oregon referred to herein as the CIlY, a permanent right-of-way and easement over and along the full width and length of the premises described as follows, to wit:' An easement for roadway purposes north of and contiguous to the south property line of that parcel of land described in Volume 881, Page 0088, Marion County deed records, said easement described as follows: Beginning at a point on the north line of Oregon State Highway 214, said point being on a northerly extension of the east right-of-way line of Evergreen Road; thence westerly along the north line of Oregon State Highway 214, 100.00 feet; thence northerly, perpendicular to the said north line, 25.00 feet; thence easterly, parallel to the said north line, 100.00 feet; thence southerly, perpendicular to the said north line 25.00 feet to the place of beginning, all being situated in Section 12, Township 5 South, Range 2 West, Marion County, Oregon. Together with a 25 foot wide temporary construction easement north of and contiguous to the above described permanent easement. with the right, privilege and authority, to said City, to construct, maintain, replace, reconstruct, remove, and add to, a roadway, pipeline or pipelines, with all appurtenances incident thereto or necessary therewith, in, under and across the said premises, and to cut and remove from said right-of-way any trees and other obstructions which may endanger the safety or interfere with the use of said roadway, or appurtenances attached or connected therewith; and the right of ingress and egress to and over said above described 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. THE CIlY SHALL, upon each and every occasion that such roadway is constructed, maintained, replaced, reconstructed or removed, or added to, restore the premises of the Grantors, and any improvement disturbed by the City, to as good 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. EXCEPTION: No structure shall be placed within the easement. ~tl...\~\A:)""",\ ~\....t.""l.~J~L' '--\~'\.~ ~ ~~'r~. STATE OF OREGON ) ) SS COUNlY OF MARION ) On this the 2./ st:' day of October, 1992, before me a Notary Public in and for the County and State personally appeared. ~ --c/,- e D ,.... ~ e -t-, J:j r I (' e . II/and known to me 0 be the same person(s) whose names are subscribed to the within instrument and acknowledged that they voluntarily executed the same for the purpose therein contained. Before me: ~~ ;4. ~-/)~./~ NOTARY UBUC FOR OREGON My Commission Expires: ~"'-I /., - <;' 3 BRICE.RD c7>~?'q . ~L#.e!L- LYNN A. GERSThlEA Nm'ARY PUBlIC . GafGOl\I L1y~ Expires s- 11",-?)3. -.- lr 14 A M E M 0 TO: city council through City Administrator FROM: Woodburn Planning commission SUBJECT: ziebart Addition/Subdivision DATE: October 22, 1992 At their hearing of October 8, 1992 the Woodburn Planning commission approved, with conditions the 13 lot subdivision located at the north west corner of Settlemier and Ben Brown Lane. The Council may call up this preliminary subdivision proposal for hearing if so desired. I .~ 14 A STAFF REPORT ZIEBART ADDITION Sub 92-05 Var 92-05 Applicant: Craig Munson for Ziebart Homes Location: The northwest corner of the intersection of Settlemier Avenue and Ben Brown Lane. See Attachment I. Nature of Application: 1. To develop a 13-lot subdivision on a three-acre parcel. See Attachment II. 2. The applicant requests a variance to the subdivision standards to allow for the creation of lots not abutting on a public street. See Attachment III. Staff Comments: To adequately assess the merits of this proposal is difficult at this time. We find it is necessary for the applicant to provide the following information that was requested at the September 17, 1992 staff/applicant meeting. The information as outlined below has not been provided at this time. Until such time as the applicant has fulfilled the obligations as requested, staff recommends a continuance of this hearing. Information Requested: 1 . Identify setbacks - corner lot Settlemier/Ben Brown Lane All corner lots must meet the "vision clearance area" as identified by the Woodburn Zoning Ordinance - see attached copy of this definition. 2. Floodway/floodplain designation Floodway/floodplain area shall be established. See Attachment IV. 3. Variance request a. Clearly identify all proposed lots in the subdivision not abutting on the public street (Ben Brown Lane). b. Address the variance criteria as identified in the Subdivision Ordinance (see attached copy). Conditions of Approval: PUBLIC WORKS: 1. Final plan shall conform to the construction plan review procedures and standards. 2. The subdivision shall be platted according to standard surveying practice approved and recorded with Marion County. 3. Provide the city with a signed improvement agreement between the developer and the Public Works Department. A bond shall also be provided for infrastructure improvement at the time of construction. A subdivider's bond will be provided only if required by the city engineer. 4. Applicant shall contact city franchised utilities and provide any required easements on the final plat. - J4 ~ 5. Sixteen-foot public utility easements will be required for all public utilities located on private property. 6. Existing on-site sewage disposal systems and water wells shall be abandoned to state regulations. 7. This subdivision shall not cut off storm water runoff from surrounding property without installing a system to provide for collection. The system shall be designed by a registered engineer. 8. Show yard setbacks for existing house which is to remain. If not in conformance, property lines may need to be adjusted or variance applied for. 9. All work shall conform to the City of Woodburn standard specifications and all state building codes. 10. A 5-foot planting strip between the street curb and sidewalk shall be established. STREET AND DRAINAGE: 1. Ben Brown Lane is currently a 30-foot right-of-way adjacent to this subdivision. An additional 15 feet of right-of-way shall be dedicated adjacent to this development. Additional right-of-way may be required from surrounding properties to construct the required street improvements. 2. Ben Brown Lane is an unimproved street adjacent to this subdivision. This development shall construct a 34-foot improved street, curb to curb, to city standards from Settlemier Ave. to the existing improved surface west of Kelowna. 3. Lots 6 through 9 lie within the. 10Q-year flood plain, which flood hazard factors have not been determined. No building permits on these lots will be issued until the 100-year flood plain has been established. 4. The flood plain ordinance designates a minimum of 40 feet shall be maintained through development, 20 feet both sides of the existing drainage ditch. 5. Provide storm sewer system within the required street improvement. 6. Install a 5-foot sidewalk on the north side of Ben Brown Lane. 7. Driveway approaches shall conform to city standards. SANITARY SEWER: 1. The existing sanitary sewer within Ben Brown Lane is adequate to provide service to this development, although the additional services shall be installed by the applicant. 2. Lot 4 and lot 2 have an existing sanitary service stubbed to property line from Settlemier Ave. The service for lot 2 should be installed along the back property line to Ben Brown Lane. WATER: 1. 2. 3. The existing water main on Ben Brown Lane is adequate to serve this development. However, fees for taps made by city shall be paid by owner. Fire protection shall conform to the Woodburn Fire Department's requirements. Water meters shall be placed within the public right-of-way. 1r ,...... lit A BUILDING: 1. All utilities shall be in place and street completed before building permits will be issued. Toilet facilities are to be on job site before starting of project. POLICE: The flag lots are potential neighbor disputes. The city does not have authority as the driveways are "private Property". It should be well documented to the prospective property owners that should a neighbor cause a parking or blocking problem, they will have to resolve the issue through the civil court process, not the police or public courts. Sidewalks on Ben Brown along with street improvements. FIRE: See Attachment V. PA~K~ S~ 'C A-U((}-c\-\ ~ - ZIEBART.STF - I -"'"":'" $.. -f ~ t f i :{ ." ~ f "..-, , .114~ z: I $ ~ 1 i ~ ;; .~ ~ =f .~. !: t: }: l~ ~} ~ ~: I l " , \ 1 I I , ) / / ITI\c. \-\ tV\ tt\) I o 18s I 71lfl 0 I , otlO 0 I I 6S8 I I S38 I 0 ... r l 1 ~- ./ "":1 II I 1_ h \ \ -... ___L-- ~ .. ; l---r-- 1 ~,.w.. ~ I , ~ I \ I ....... - --I ,-- - -- t -- - -- , ':: -... -- --;:-- ',....... ...... ""'....... ~ - - ,- - '''. ," -... l!i h , \"'.:,-'" -k .............. \ ,.~.......' -... '- ' ............ ,. - -- - - -- ~.....-... .......~-... 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",,#~n.t"tT . I r"In.,......" 1"\. , ... I - i , .j .~ ., ~ I I . I . i , . ~ ~Lr - I S. , .{' jf ) I: !' ; I 1 i t. Jj ~; ::: i/ 87 I ".,~ , .l I, A\TAO-\M~rJT SI- 'Ir 14 B M E M 0 TO: city council through city Administrator FROM: Community Development Department SUBJECT: site Plan Review #92-12, Holiday Inn DATE: October 22, 1992 At their hearing of October 8, 1992 the Planning Commission approved a three story 80 unit Holiday Inn Express. A unique feature of this proposal was the fact that improved access to the site and the closure of two driveways to Highway 214 will take place all with approval from the affected property owners. See Attachments. y ........ lirE> STAFF REPORT HOLIDAY INN EXPRESS SPR #92-12 A. APPLICANT: Kensington Management Inc. Robert A. Jensen, President B. PROJECT: To build a three story, 80 unit Holiday Inn Express. The motel will accommodate a swimming pool but no restaurant. C. LOCATION: The property is located on the northside of Highway 214 and just north of what used to be the Chalet Restaurant. See Attachment I) D. SITE DATA: Total Lot Area Zoning Total Landscape % of Total Area Landscaped % Parking Lot Area Landscaped Total Parking Spaces 74,726 Sq. Ft.or 1.7 Acres General Commercial 17,500 Sq. Ft. 23% 11% 85 E. STAFF COMMENTS: As the Commission and Council are well aware the State Highway Division is very sensitive to development that affects the Highway 214 Interchange area. The City shares similar concerns. In regards to this specific proposal the Highway Division commented on the applicants partition of this site in November 1991 (See Attachment II) generally this letter stated that additional development in this area could result in the placement of a median barrier from the interchange to the Evergreen/Highway 214 intersection. Such a barrier would eliminate the opportunity for vehicles to make left hand turns between the interchange and Evergreen Road. Such drastic action on the part of the Highway Division was not found to be palatable to either the applicant nor the adjoining property owners. Therefore to resolve this issue city staff suggested to the applicant and the State Highway Division an alternative to the median barrier. - ,-... . 14 B The proposal called for four actions to take place. 1 . Since driveway access points to the State Highway disrupt the flow of through traffic eliminate to the greatest extent possible this number of access points to the Highway. To accomplish this and not jeopardize the affected business requires the following action. a. Eliminate one of the two driveway access points on Highway 214 to the "J"s Restaurant that access closest to the Holiday Inn driveway. In turn the Holiday Inn will allow "J"s Restaurant access off of their driveway. See Attachment III. b. Eliminate one of the two access points on Highway 214 to Wendy's Restaurant that driveway access closest to the Fairway Plaza. An alternative access would be accommodated off of the Evergreen Road extension along the westerly portion of the Fairway Plaza property. See Attachment IV. c. The third action would require dedication and street improvement of Evergreen Road to a point that access to the Holiday Inn Express could be realized. d. Allow for the driveway access between "J"s and Wendy's restaurants be an entrance only. Vehicles accessing Highway 214 from the Holiday Inn would use the Evergreen Road extension north of Highway 214. e. Curb cuts for "S' & Wendy's restaurants should placed on the northerly portion of those properties. It should be noted the parties involved in this alternative access design have indicated their desire to cooperate in this proposal. See Attachment V. 2. The timing for implementing this alternative is a critical aspect of this strategy along with the cost sharing by the various parties. It is imperative the affected property owners develop an agreement that implements those actions as outlined in Section E. Subsection I of this staff report. F. Planning Department: 1. PARKING The applicant is providing 84 parking spaces; ordinance requires 81. 11' z c ~-~ ,-,00 ZNOD CO>O> U I I , ~ 1 , 1 , 1 ~ -L ! ~I I .. >- a: I- Z :J O. ~I ~ 1 ; i I . 8" M! .,' e, .s. 01' -(p- J--+__ -t".9/,y .yo( p- -<'5'<$1 ~o( 'V/ .... , " "'~ .).)s ''', " ~ sa d'!k ;15 O'v'Otl O'v'Otl :E '-J ffiJ' s;! s ~. - f!]C. a::. ~, . \'''.-'' 81 ~: ~ ~ ,,~ -WI. 8~ tI~" ~: -~ I I I I ,.....~, Jl:o_ I '-- I J: I '<\..... ~, u..~ Ni~~ iil;~~ ..:1.. ~ ~ .z, I I !' t '--t-- s. } l. :'! y, t f i ~ I ~ '0 in:: 013I.:!N'v'lS .~ . K ~ 0<1- --~ ~]: 5 z ~ e( ~::r.~": a:: ... "7: I, o~ ~: v I i~i ~ i N - --1 ~ Go 8, "'. ", ~j._- ?OS~8C1 I I C") o ('I) o M 21~ ~ ~ I "c\'\ 1 'CS) .-:; ~~ - ir~~ ~, ~ 1! -" I -::--~:"_-J ~ : ~ ~ ~ 5, ;! i l!l - - - - e(..... I,t( .... ':.'. . of~ ;' ;:,... - .. 1 W l- e( . ,g~ f- r- t; ~.+_.-t ~ :~LS~_~ (f) e . <<: i~ t:1 \' ~~~ I ~! i ~ !! ,~I ; ~:! I ~~ :x: !Ii Jil ;1,,;,:' I V'W i!' $. I -_._;.;~~.. ~ 5 ~,\ ~~ j '~'_ "k ,.,'~_ ~! I - - '- '~:~L :_ ~~ a..~ .":.":.~ ~c .i\o'l.' JJS ~ J . ~ i -{ ~ J ;'i, ';~ i 1 .~~. "t. ~ Anf\(r\Mt-~\ 1 14 8 ! i ! i i ~ II ;~- N31ti!l '~3^3 ,--- - < w ~ I '" ~ L__ - . C: lr .,..:-.-.-- ~.....-.. \. ~ r November 5, 1991 Barbara Sochacka, Assistant Planner City of Woodburn City Hall 270 Montgomery Street Woodburn, OR 97071 Dear Barbara: The Oregon Department of Transportation (ODOT) offers ihe following comments regarding the proposed minor partition of Tax Lot 4300, T5S R2W Section 12(AC). The information provided to ODOT indicates that: 1) three parcels are proposed: 1.72 acres, 2.43 acres and 4.14 acres; 2) two of the proposed parcels are landlocked, without public road frontage; and 3) access to the northern two parcels will be via an internal, private road connecting each proposed parcel to Highway 214 and to the adjoining parking lot to the east. ODOT comments. Development of this property constitutes a change-of-use in the access to Highway 214, requiring a new highway approach road permit. Future traffic volumes and the access condition on Highway 214 between Interstate Highway 5 and Oregon Way will require closure of the median within this section. Conditions also may be attached to this highway approa~h road permit to require access to be right-in, right-out only. In other words, vehicles exiting the site will not be able to turn east toward Woodburn. This limitation on access to the highway means that other means of adequately providing for east-bound traffic from the site needs to be assured. A direct connection to another public street should be required as part of tbe partition approval. Thank you for providing ODOT with the opportunity to comment. If you have questions regarding this matter, please contact me or John Grassman, District 3 Manager. ohn G. deTar Region Planner cc: John Grassman, ODOT A \\ f\C \.--\ \'i\ ~k\J\ Ie 867 (3-91) lr 14 B ~n DEPARTMENT OF TRANSPORTATION Highway Division Region 2 FILE CODE: 2960 State Street SE Salem, OR 97310 (503) 378-2626 FAX (503) 378-4317 .~') Cl 14 6 Kcnsington vA{onogcJ11tnf Jnc. ~(!bcrt A. Jensen President September 18, 1992 Steve Goeckritz Community Development Director City of Woodburn 270 Montgomery Str. Woodburn Or. 97071 Dear Steve, Enclosed Is the letter of intent regarding our Intention to alter our access to Highway 214 as we discussed. You will be receiving copies with original signatures directly from the other parties. I hope this is consistent with our meeting and that It accomplishes our goal of protecting our access to Highway 214. Please let me know if there Is anythIng else I can do to help our cause. ~ RAJ/hs A \TACh tJ\E-NT JIT, p.o. Sox 766, Pebble Seadt, California 93953, (408) 624-9683 lAX (408) 624-8775 11' ~ ~s ~f'lN-< S / / ~<""'I tA,< , ('"-l N ~.(>~s t-+~~ ---t ~ 6. c...(f;(2. ( $NI i\ ~ / ~ ~~~".-' : J '~ ~ ~ 1.J,- '\' ~ I vJ f:NJ)Y 's ,I ~t .J:f Gt ~.. r.\=- 'I< \ s\ I N G ACc-ES S "'2...1~ - f\\\f\C~ ill /4. B . ' ~fO?P( ~6. ~~~ " 'II" ~t-JNYS ~ ~S II \kvL-\ ~'< , ~ N ~~~S j '~ -...-- ~ H-VJ Y , .- ~. I L1 t'1 6. C-(+(2. \ 5Nl A c-J / ~. ~e-.i$"'r-' i . We.N9Y's \\ \iT\. \t~ I ---JI/' t-J E:.. v.J 'U wA\{ L. \6t{, - ~ .11' /--- '2-'~ ~~rOSE:.D AccESSes --. h l\~C \-\ \ \ '-- 11" I~ 13 ~FOfP( ~6 e,~~ .,.7 Do' "42"'7 .......24 10,,-" \ _ '1200 \ .iKM.li- ~I 10 \ .\ \ \ \ \ \ \ \ . \ . \ \ \ \ I \ ,.-... 52 'j' 52 '];.. "- 3700 . 3~bo ~5UO "' I~340 13410$0 1.101040 # 1.10103022 ~ ~ ~\ 26 ~ ';Ii" ....<f'- 52 ~5 24 2~ OlJNTRY (CLUB ~ ~'O~;T'" .:> ~' .-It B APPENDIX Z2 ~, . "'"" Me_ .ell 32Q ... ...~ 60 "N .; .. lI! ~ 0 .. w ~ <( 8 .. 0 ~ 0:: ~- 40 JJ 5400 ~ 44.:J(DfXJ ~ 40 5300 44ltNOOO U5t.101 se. "ee :U'D ~55OO~ " ~lD3r9 " 40 :. ~ 103 ...., "1 So( .:S....O 5201 "'40.'OO~ 106 CD :::J g-1 :_ U " o .; .. "1 5600 I .."""""" g I - 5600 AI ..<<JIOOC "~ I lOG w ~ >- .. ,,0:: ~ I- ....,.cs. ~ ~ .. " o " 5100 44099309 $.' <47 'OW ,~,,_.o :::J 0_.: u 1<0 SIGNAL NOW UNDER CONSTRUCTION ~ ~ f 5000 4409/000 ~ / ... 5700 (<l068COO .. ~ 60 "'. , , 0 NO.214 '" ,I SEE HAP C VER.G.RE€N ~xiE~S.IOt(J " ! TO ---PRO P. E.. R. -n e s, tftt> R.. "T l-t O~ A\\Ac\-\ME~T N HWy2.l4 11' IS A CITY OF WOODBURN POLICE DEPARTMENT ~~~(Q)[ruffi\U\G[Q)(UJ~ 270 Montgomery Street Woodburn, Oregon 97071 982-2345 Ext. 352 Paul Null Services lieutenant October 14, 1992 As you are aware, in July 1992 the Woodburn Police Department received two Traffic Safety Grants through the Oregon Department of Transportation for the enforcement and public education of seatbelt and helmet violations. The grant ended September 30, 1992. The funds from the grants were used for reimbursement of officer training and overtime expenditures. Officer Cunningham was selected as a county wide trainer for the program and was responsible for not only training Woodburn Police Officers, but also trained five other police agencies throughout the county. Each Woodburn Police Officer received (2) two hours of training for a total of (32) thirty-two hours of training provided through the grant. During the three month grant period the Woodburn Police Department was required to match overtime hours paid by the grant, with regular paid hours of work. Officers were paid overtime pay to selectively enforce seatbelt and helmet violations. As a direct result of the selective enforcement, other types of violations were also detected during the stops. Below is a summation of the traffic activities: ENFORCEMENT CONTACTS Moving Citations 131 Registration & Equipment Citations 30 Safety Belt Citations 228 Safety Belt Warnings 56 TOTAL 445 - 'Ir 15A The amount of the two grants totaled $3,675.00. The City of Woodburn expended a total of $2,477.47 of the grant funds. The grant funds paid for a total of 96.5 training and enforcement hours. Overtime hours were made available to officers on a volunteer basis. For this reason, not all the overtime grant money was expended. Surveys were conducted prior to and at the end of the seatbelt grant period in order to determine seatbelt compliance. The survey at the start of the grant period showed 75% of the drivers wore seatbelts. The survey at the end of the grant period showed 91 % of the drivers wore seatbelts. The safety belt grant, named "Operation Buckle Down", was very successful as it accomplished what it was intended to accomplish. The grant provided training to our police officers, which heightened their awareness to the needed enforcement, and increased seatbelt compliance among our citizens. '11' /5 B MEMO FROM: City Council through the City Administrator ~ /)J ;2t~ Public Works Program Manager ~-Pf . TO: SUBJECT: Leaf Pick Up and Disposal Program DATE: October 15, 1992 The City Council has directed in past years that the Public Works increase its sweeping effort during the fall. This effort has been directed at the downtown area and main streets leading to schools. The areas where sweeping intervals are increased to weekly are shown on the attached drawing. The remainder of the city is swept once per month according to the usual schedule. This fall Public Works will continue this practice. Increased sweeping will run from October 26, 1992 to December 18, 1992. There are some other options available to citizens who want to dispose of their leaves at no cost. These options will also be available from October 26, 1992 to December 18, 1992. Leaves can be disposed of on the drying beds of the sewage treatment plant. They can be dropped off between 8:00 am and 3:00 pm Monday through Friday and on Saturday between 8:00 am and 1 :00 pm. The plant is located one mile east of 99E on Hwy 211 (Molalla Rd). The plant is on the north side of the road and there is a refuge lane for the left hand turn. Signs will direct individuals where to deposit the leaves. Leaves deposited must be removed from plastic bags or other containers. Public Works asks residents not to rake leaves or debris onto the street but the sweeper will pick up leaves that are found in the gutter. The sweeper will pick up leaves but small branches and twigs tend to plug it up. Some other options for disposal include: 1. Composting on private property. 2. Pickup at residence. United Disposal employees will pick up bagged leaves as a part of regular service with regular charges. 3. Composting at Marion County site. Marion County is composting yard waste, which can be dropped at the North Marion Station located at 17827 Whitney Lane, NE near the ash disposal site. Information on cost and conditions can be obtained by calling 981-4117. LEAFDISP.CC - " "- " " "- "- "- :\. , '\. ;'\. , "- " u '- I~I ... ( .... { .. 10.... MAIN ~ FIRE STATION ~ =9 = · , r-l f LEGEND *,M1J1h.. Scheduled Weekly Sweeping '1111 Extension of Weekly Sweeping Dunng Leaf Clean-up "lr 15 B /.5 C. MEMO SUBJECT: City Council through City Administrator .: ._.~ '~_"L_ . Public Works Director ~_S~LL'-.O~ ' State Fund Exchange Program TO: FROM: DATE: October 21, 1992 RECOMMENDATION: Approve participation in the fund exchange program of the State Highway Division and allocate this anticipated revenue as a partial funding source for the realignment of Country Club and Oregon Way at Hwy 214 (Note: Alternate street improvement will be chosen if there is a problem with the realignment project). BACKGROUND: The highway programs continue to change at state and federal levels. The well established Federal Aid Urban (FAU) systems program has been eliminated and replaced by Surface Transportation Program authorized by the new act. However, the rules for remaining FAU funds for this year and next year will not change drastically. It appears that those cities which do not allocate their funds within a reasonable time frame may lose their share of this funding. The city's share of funding is as follows: 91 - 92 federal fiscal year 92 - 93 federal fiscal year $50,000 70,000 $120,000 The fund exchange program allows 94C for each $1.00 share and allows local jurisdictions to control the project. Although the local jurisdictions lose 6(: to a dollar, it is more cost effective because of local control. Since the city does not want to lose its share of highway fund allocation and local control is more desirable, it is recommended that the city council approve participation in the fund exchange program of Oregon State Highway Division. GST:lg FUNDEXCH ~ ..... MEMO TO: Mayor and City Council FROM: Chris Childs, City Administrator ~ S U BJ.: Informational - Employee Retirement DATE: October 20, 1992 RSVP Director Jill Harvey has elected to retire from her city position effective October 1, 1992. Jill has been with the city for 8-1/2 years and her talent and expertise will be missed. In the next couple of weeks I will be evaluating the options concerning filling this vacant position. In the interim, Pat Hellhake, Asst. RSVP Director, is doing a capable job of keeping the program on track. '1r 15 D 15E '" MEMO FROM: MAYOR AND CITY COUNCIL\ r /..; S N. ROBERT SHIELDS, CITY A~ORNEY TO: RE: EMANUEL HOSPITAL V. CITY OF WOODBURN DATE: OCTOBER 22, 1992 On October 22, 1992, the Oregon Supreme Court decided Emanuel Hospital v. Citv of Woodburn. As you know, the Marion County Circuit Court and the Court of Appeals had earlier decided this case in the City's favor. The Supreme Court's decision reversed both the Circuit Court and Court of Appeals and remanded the case to Circuit Court for certain factual determinations. I am presently evaluating the opinion and the issue of the City's liability. This will be discussed in executive session at your next meeting. 1