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Agenda - 01/14/1991CITY OF c270 Montgomery Street · WOODBURN Woodburn, Oregon 97071 · 98'2-5222 AGENDA WOODBURN CITY COUNCIL JANUARY 14, 1991 - 7:30 P.M. CALL TO ORDER AND FLAG SALUTE ROLL CALL MINUTES B. C. D. City Council minutes of December 17, 1990. 3A Planning Commission minutes of December 13, 1990 3B Recreation & Park Board minutes of November 29, 1990. 3C Woodburn Downtown Association minutes of December 4 and 11, 1990. 3D Woodburn Fire District minutes of December 11, 1990. 3E RSVP Advisory Council minutes of December 12, 1990. 3F Eo w APPOINTMENTS AND ANNOUNCEMENTS Appointments: 1. Planning Commission positions. 4A.1 Resignation 1. City Attorney, Bob Shields. 4B.1 COMMITTEE REPORTS A. Woodburn Comeback Campaign Page I -Agenda, Woodburn City Council of 1/14/91 w 11. 12. 13. 14. 15. 16. 17. (Please note that the Chamber of Commerce requested removal as a regular agenda item.) COMMUNICATIONS A. Written - none BUSINESS FROM THE PUBLIC PUBLIC HEARING A. Business Registration Ordinance. 8A TABLED BUSINESS GENERAL BUSINESS A. Council Bill No. 1271' Ordinance accepting Economic Development loan on HWI project. I OA Council Bill No. 1272 Resolution authorizing Engineering Report for storm drainage LID on Hwy 214 for the proposed K-Mart and Bi-Mart (Phase II) developments. 10B APPROVAL OF CLAIMS A. Payment for the month of December, 1990, checks 3767-4100 1 lA PUBLIC COMMENT NEW BUSINESS SITE PLAN ACTIONS STAFF REPORTS A. Revised section on Manufactured Home Regulation proposal. 15A (included separately)' B. Annual Report - Community Development Department. 15B C. 1991 OLCC Renewal Process. 15C MAYOR AND COUNCIL REPORTS ADJOURNMENT Page 2 - Agenda, Woodburn City Council of 1/14/91 COUNCIL MF.F~NG MINUTES December 17, 1990 TAPE READING 0001 DATE. COUNC~. CHAMBERS, crrY I-I~H.. crrY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, DECRMBER 17, 1990. 0O02 CONVENED. The Council met in special session at 7:30 p.m. with Mayor Kyser presiding. 0003 ROLL CA~J~ Mayor Kyser Present Councilor Hagenauer Present Councilor Jennings Present Councilor Figley Present Councilor Galvin Present Councilor Sifuentez Present Councilor Steen Absent Staff Present: City Administrator Quirm, City Attorney Shields, Public Works Operations Manager Rohman, Community Development Director Goeckritz, Park and Recreation Director Holly, Police Chief Wright, Finance Director Gritta, Finance Records Clerk Deem 0011 JENNINGS/FIGLEY ..... approve the Council meeting minutes of December 10, 1990 with the following corrections. Councilor GAVIN - name should be spelled GALVIN. Also, on mil call, Councilors Sifuentez and Steen were present at the December 10th meeting. Accept the Woodbum Library Board minutes of November 28, 1990; Fire District Minutes of November 13, 1990; and Woodburn Comeback Campaign minutes of November 27 and December 4, 1990. 0059 APPOINTMENTS AND ANNOUNCF. MENTS. Mayor Kyser made the following appointments: 1. Budget Committee: Susan Packer, Barbara Lucas 2. Recreation and Park Board: Victor Alvarado, David Ott ~. Llbrary Board: t31or~a Precleek, Janlee 2yryanoff 4. Cable Advisory Board: Steve Thorson, Hope Jentls, Jose Luis Lam, Barbara Lucas, Ron Wilson, Jack Barnett, Milt Parker. OO85 JENNINGS/SIFUENTEZ ..... Motion to approve appointments as given. The motion passed unanimously. Page 1 - Council Meeting Minutes, December 17, 1990 COUNCIL MEETING MINUTES December 17, 1990 TAPE READING 0136 Mayor Kyser stated that a Budget Committee meeting has been proposed for January 3rd, or January 8th. After discussion January 8, 1991 at 7:00 p.m. was chosen as the date for the meeting. Administrator Quinn is to advise the Budget Committee of this date and time. 0202 Mayor Kyser announced that Police Officer Paul Null has recently graduated from the National FBI Academy as a Lieutenant. 0224 O4O9 0490 PUBLIC I-~ARING - PROPOSED SAI.E OF PUBLIC PROPERTY: APPROXIMATELY 3 ACB{~-R IN WOODBURN INDUSTRIAL PARK. The public hearing was opened at 7:28 p.m. by Mayor Kyser. City Administrator Quinn presented the proposed sale of public property in the Woodbum Industrial Park. Discussion followed. Craig Gasser, 74 East, 500 South, Suite 200, Bountiful, Utah 84010, as representative of Woodburn Investments, LTD., which is attempting to purchase the property, asked the Council's consideration of the sale of this property. Administrator Quinn stated that as required, the appraisal report for this property is available. The public hearing was declared closed at 7:45 p.m. COUN _{~L B{]J- NO. 1267 - A B{~-qOLUTION ENTERING INTO AN AGB~.~.MENT TO Sk-~.I. CITY BY_a~ PROPERTY. Council Bill 1267 was introduced by Councilor Hagenauer. The bill was read by title only since there was no objection from the Council. Councilor Figley questioned whether buyer or seller would be responsible for paying extended ALTA coverage. Craig Gasser, representing the buyer, stated that the buyer would assume responsibility if they choose to go with extended coverage. On roll call vote for final passage, the motion passed unanimously. Mayor Kyser declared Council Bill 1267 duly passed. 0633 City Administrator Quinn asked Mr. Gasser if he wished to make an announcement as to what development was expected on the property. Craig Gasser, representing the buyer, stated that if all goes well a K-MART store is to be built on the site with construction to begin in March, 1991 and opening of the store in November 1991. Mayor Kyser stated that as Mayor of the City of Woodburn, he wished to welcome K-MART to the City. Page 2 - Council Meeting Minutes, December 17, 1990 COUNCIL IVIEETING MINUTES December 17, 1990 TAPE READING 0784 COUNCIl. BIIJ. NO. 1268 - A BF-~;OLUTION ESTABLISHING DEPOSITORIF~ FOR 0857 0973 CITY FUNDS, AU'ITIOI~FZ. ING ~-FFHDP, AWAI-~ TI-1ERRI~OM BY CERTAIN OFFICRRS, AND [tRP~G RESOLUTION NO. ~27. Council Bill 1268 was introduced by Councilor Hagenauer. The bill was read by title only since there was no objection from the Council. Finance Director Gritta explained the changes in the Resolution. On roll call vote for final passage, the motion passed unanimously. Mayor Kyser declared Council Bill 1268 duly passed. COUNCIl. BflJ. NO. 1269 - A I~F-qOLUTION ADOP22NG AN INVESTMENT POLICY AND PORTFOLIO GUIDE!JNES FOR ~ FUNDS. Council Bill 1269 was introduced by Councilor Hagenauer. The bill was read by title only since there was no objection from the Council. Councilor Figley asked for an explanation of the amendment. Finance Director Gritta and City Administrator Quinn gave explanation. On roll call vote for final passage, the motion passed unanimously. Mayor Kyser declared Council Bill 1269 duly passed. AC~.~ANCE OF WATER AND SEWER EASEMENTS ON GRACE VIIJ.AGE 1050 1180 PROPERTY. The easements were explained to the Council by Public Works Manager Rohman. JENNINGS/SIFUENTEZ .... Motion to accept Grace Village easements. The motion passed unanimously. MUSEUM LEASE. Mayor Kyser gave explanation of status of funds for Woodbum Berry Museum. He has asked Larry Minard to head a fund drive to finance the Museum, rather than have it financed by the City. Bob Sawtelle, owner of the building which houses the museum has made the city a very fair offer to extend the lease and purchase the building. Police Chief Wright discussed the possibility of a one-time grant becoming available from a donation from the MeNulty estate, which could be used toward the purchase of the Museum. Mayor Kyser stated that the Council would discuss this in depth at a January Council meeting. JENNINGS/SIFUENTEZ ..... Motion to adjoum to executive session as per ORS 192.660(1)(d). The motion passed unanimously. Adjourned to Executive Session, 8:10 p.m. Executive Session convened, 8:1S p.m. The Council met in executive session to discuss authorizing compensation for non- union employees. Page 3 - Council Meeting Minutes, December 17, 1990 COUNCIL MEETING MINUTES December 17, 1990 TAPE ~[NG 1915 Executive Session Adjourned, 8:35 p.m. Regular Session reconvened, 8:40 p.m. COUNC{L B{~J. NO. 1270 - A B{~-qOLUT[ON ESTABUSHING 1~0/91 NON-UNION EMPLOY~-E COMPENSKr[ON, INCLUDING SALARY AND BENEPTI- ADJUNi'ivi~. Council Bill 1270 was introduced by Councilor Hagenauer. The bill was read by title only since there was no objection from the Council. City Administrator Quinn explained to the public audience that Council Bill 1270 establishes a base salary schedule retroactive to July 1, 1990, that includes a 2% cost of living adjustment and continues all other benefits as previous except for change in the medical/dental coverage to Plan V. On roll call vote for final passage, the motion passed unanimously. Mayor Kyser declared Council Bill 1270 duly passed. 1982 APPROVAL OF CLAIMS FOR THE MONTH OF NOVEMBER. 1990. SIFUENTEZ/FIGLEY ..... Motion to approve voucher checks no. 3411 - 3791 for the month of November, 1990. The motion passed unanimously. 2081 2130 NEW BUSINESS. City Adminisu'ator Quinn read a request from the Woodbum Downtown Association to block off First Street between Arthur and Garfield, in the vicinity of the Library park for Christmas carolers, etc. on Saturday, December 22, 1990 from 6-9 p.m. JENNINGS/SIFUENTEZ...motion to close the street as requested. The motion passed unanimously. Councilor Jennings recommended that new Councilors Figley and Galvin participate in the Ride-Along Program to ride with police officers. 240O Mayor Kyser suggested a Council Workshop on February 4th, 1991, at 6:00 p.rm Mayor Kyser requested time for Gouncil meetings be changed to 7:00 p.rm, starting with the February 11, 1991 meeting. JENNINGS/SIFUENTEZ ..... Motion to change the time of the Council meeting to 7:00 p.m., beginning February 11, 1991. Motion passed unanimously. Page 4 - Council Meeting Minutes, December 17, 1990 COUNCIL 1VIF. ETING MINUTES December 17, 1990 TAPE READING 2627 The meeting adjourned at 8:50 p.m. APPROVED Fred Kyser, Mayor ATrEST Mary Tennant, Deputy Recorder City of Woodbum, Oregon Page 5 - Council Meeting Minutes, December 17, 1990 MINUTES WOODBURN PLANNING COMMISSION DECEMBER 13, 1990 1) ROLL CALL: President Mr. Johnson Present Commissioner Mr. Vallieres Present Commissioner Mrs. Warzynski Present Commissioner Mrs. Sprauer Absent Commissioner Mr. Shillig Present Commissioner Mr. Park Present Commissioner Mr. Rappleyea Present Staff Present Steve Goeckritz, Community Development Director 2) MINUTES: Woodburn Planning Commission minutes of November 8, 1990 were approved as written. The Woodburn City Council minutes of November 7, 1990 and 26, 1990 were accepted as written. The Woodburn Downtown Association minutes of November 13, 20 and 27 were accepted as written. The Woodbum Comeback Campaign minutes of November 6 and 18, 1990 were accepted as written. 3) 4) BUSINESS FROM THE AUDIENCE NOT ON THE AGENDA: None COMMUNICATIONS: None 5) * PUBLIC HEARINGS: A. ZONING ORDINANCE AMENDMENT CASE #90-06, CITY OF WOODBURN (MANUFACTURED HOMES IN THE R-S SINGLE FAMILY RESIDENTIAL DISTRICT) Staff gave an overview of the proposed amendments to the city's zoning ordinance regarding the placement of manufactured homes in the RS (Single Family Residential) district. This presentation focused on the ten siting standards as they related to the a) size of the unit, b) width, c) roof, d) garage, e) exterior siding, f) masonry perimeter, g) performance standards, h) hauling mechanism, i) age of structure and j) design features. The Commission president then opened the hearing to comments from the audience Mr. Don O'Rourke, General Manager of Fleetwood Homes of Oregon, Inc. expressed this concern that the community may have the wrong image as to what a manufactured home really is. The type of homes the Commission is looking at is very similar in its appearance to a "sticl~' built home. He further emphasized the fact that his industry was interested in projecting a good image of quality construction. Mr. spoke of the quality of the units and that he lived in a manufactured home himself. There was no one in the audience that spoke in opposition to the amendments. The President then closed the hearing. Discussion followed among the Planning Commission members and staff. Commissioner Rappleyea discussed with the Commission members the issue of being able to restrict the age of the unit. It was his conclusion, and the Commission concurred, that because of the "States" position the Commission would have to go by HUD Standards regarding the age of the unit. It was the consensus of the Commission however that the design standards imposed on the units would insure that only the newer units would be allowed placement. The Commission further discussed the various placement standards and instructed staff to further research the opportunity to restrict the age limit of the manufactured homes. The tape recorder failed to record this meeting. Commissioner recommended that Zoning Ordinance Amendment #90-06 (Manufactured Homes on Individual Lots) be approved by Council with the following amendments: that roofs be composition or fiberglass shingles, tile or shakes beaded and the age of the unit be deleted from the proposed ordinance. Commissioner seconded the motion. Passed unanimously. B. ZONE MAP AMENDMENT CASE #90-05 COMPREHENSIVE PLAN MAP AMENDMENT #90-02 SITE PLAN REVIEW The Commission President opened the hearing and staff read the necessary statement to start the hearing. Staff then provided a short overview of the project as requested by the Public Works Department. That being to utilize a portion of the site for the storage of materials such as water pipe. There was no discussion from the audience regarding the proposal. The Commission President closed the hearing. The Commission's discussion focused on insuring that all conditions such as site obscuring fencing and asphalt paving be done. The same as would be required of private enterprise. Commissioner moved to approve the amendments and site plan. Commissioner seconded the motion. Passed unanimously. C. ZONING ORDINANCE AMENDMENT #90-04 (QUASI-JUDICIAL HEARINGS) The Commission President opened the hearing and staff presented a staff report. Staff stated that generally the amendments were "house cleaning" measures to comply with new State laws regarding public notification procedures. Commissioner moved to recommend to City Council approval of the Zoning Ordinance Amendments. Commissioner seconded the motion. Passed unanimously. o OLD BUSINESS: A. SIGN ORDINANCE AMENDMENT CASE #90-01 ACKERLY COMMUNICATIONS To be continued in January 1991. REPORTS: A. Minor Partition 90-08 City of Woodburn B. Minor Partition 90-09 Dee Doman C. Code Enforcement - Monthly report for November 1990. D. Building Division - Monthly report for November 1990. BUSINESS FROM THE COMMISSION: None ADJOURNMENT: Meeting adjourned at 8:45 p.m. MINUTES WOODBURN RECREATION AND PARKS BOARD REGULAR MEETING NOVEMBER 29, 1990 WOODBURN COMMUNITY CENTER e CALL TO ORDER The Meeting was called to order at 7:45pm by Chairwoman Kathy Figley in at the Woodbum Community Center. ROLL CALL Members Present: Kathy Figley, Sue Fofana-Dura, Larry Watson, Jack Mitchoff, Unda Hamilton, Victor Alvarado. Members Absent: Andy Yanez Staff Present: Nevin Holly, Director; Shirley Pitt, Secreta~/; John Pitt, Superintendent of Parks and Facilities and Terry Williams, Leisure Supervisor. MINUTES Minutes from the November 15, 1990 Recreation and Parks Board Meeting were presented for approval. MOTION: J. MITCHOFF Approve Recreation and Parks Board Minutes of November 15, 1990 as written. S. FOFANA-DURA Seconded the Motion Motion passed unanimously. CORRESPONDENCE Director Holly presented the letter to Jerry Spalla who had been at the November 15, 1990 Meeting to express his concerns and views of the Recreation Department for Board Review. It was Board consensus that Mr. Holly covered the entire matter and expressed staff and Board's views correctly. Memorandum from Kathy Fi(]ley to Nevln Holly Kathy Figley presented a Memorandum on Post-Measure 5 Parks and Recreation Priorities that had been asked for by Director Holly. The Memorandum was disbursed to the Board and discussion will be held on these priorities at the next regularly scheduled Board Meeting. (Memorandum attached) DIVISION REPORTS Maintenance ReDort, John Pitt, Superintendent John gave the Park Board a breakdown of manpower/hours/schedule for 1989/1990. This information had been requested because of anticipated budget cuts. This schedule related how many hours, (manpower and equipment), were being diverted from maintaining the parks into special projects of others, such as School District, Fiesta, Farmfest, Downtown Association Comeback Committee, Museum and other Departments of the City. John reiterated that he felt that while it was the respons~ility of all City Departments to assist when able, he is now concerned with the passage of Measure 5 and anticipated cutbacks, that he and his crew would be unable to keep the Parks and their facilities looking presentable. This is a major concern and should be addressed. Page - 2 Recreation and Parks Board Minutes November 29, 1990 Leisure Report, Terry Williams Terry reported that Senior Trips were going very well. He had just returned from a trip today to Portland's Festival of Trees. This is an event to be considered for Woodbum and Terry will be pursuing it for next year. There will be two trips in December; Keizer Lights and the Pittock Mansion in Portland. These trips are full. Youth Basketball sign-ups are under way and going well, however sign-ups for gids is iow. Terry asked for volunteers from the Board to assist with the Christmas Carnival on December 15th. Jack Mitchoff said he would be available and would be happy to help out. 6. NEW BUSINESS Park Board Member Interviews Discussion was hold regarding the three interviews held prior to Meeting of potential Park Board Candidates. Board felt all three of the candidates would be able to add special qualities to the Board and it was difficult to choose one. MOTION: J. MITCHOFF Moved that a unanimous ballot be cast for David Ott and that his name be submitted to the Mayor and Council for appointment to Position II, replacing Kathy Figley who will be leaving the Park Board the end of November to serve on the Woodbum City Council. S. FOFANA-DURA Seconded the Motion. Motion passed unanimously. 7. BUSINESS FROM DIRECTOR A) Budget Discussion A Budget Summary prepared by the Director was distributed to the Board for their review. This summary is the first draft of what may be several. Board will review and discuss at next meeting. B) Departmental Goals and Objectives Due to the lateness of the hour the Director suggested the Board take the information home and review lt. This item will also be discussed at next meeting. Director Holly expressed his appreciation to Kathy Figley for all her help and support since his arrival in Woodbum. He wished her success over the next few years in what in all probability will be a very trying time for City Officials in attempting to deal with Measure 5. She will be missed by Board and staff. 8. BUSINESS FROM BOARD Victor Alvarado asked the Director to check into acquiring the services of an intern to assist with Recreation. This idea had been discussed at a prior meeting. Victor said since the passage of Measure 5 and anticipated cut backs in Recreation he felt now would be a good time to pursue this matter. Director felt this was a good idea and would start the process immediately of finding an intern who would be willing to come to Woodbum. The Meeting adjourned at 10:00pm. WOODBURN DOWNTOWN ASSOCIATION ~ME~TING-DEC. 4, 1990 CALL TO ORDER Les called the meeting to order at 7:35 AM. II. ATTENDANCE III. Present were: IV. Les Reitan Don Eubank Vance Yoder Lucien Klein Arlene Monnier TREASURER' S REPORT None Rick Ostrom Claudia James He will t~lk to the Les reported on the Christmas lights Downtown. Electr~cia~ about the timers. By common consent a $25. gift certificateswill be given to the Elec- trician3who helped put up the Downtown lights. The Christmas trees for the Library Park have not been picked up yet. The Christmas Program was discussed, but Jose was not present so no action was reported on. ~ Parking for employees and status of the area across the tracks was asked about by Arlene. Discussion followed. Rick reviewed his problem with Salud's employees filling their park- lng lot. Les explained the possibilities of issuing permits for the area across the track and explained some of the problems encountered to-date. Rick asked about the discussion on Front St. parking by the City Council. Vance reported that Steve had the WDA minutes and the recommendation for parallel parking. Steve gave the assurance that copies would be made for the Council and City 0fficia~s. Les volunteered to call Jose and Bob about the Library Park trees. V. ADJOURNMENT Les closed the meeting at 8:10 AM. Wm. Vance ~er- Secretary WOODBURN DOWNTOWN ASSOCIATION MEETING-DEC. 11~ 1990 CALL TO ORDER Les called the meeting to order at 7:35 AM. II. ATTENDANCE Present were: Les Reitan Chuck Raekleff Hanne Ledeboer Don Eubank Lucien Klein Jose Castro Bob Sigloh Rick O~trom Vance Yoder TREASURER'S REPORT None IV. WDA BUSINESS Chuck reported that the trees in the Library Park are up and ready to be decorated. Jose reported on the Park trees and that there were 13 trees up and he Has given Aline a receipt for $15. per tree. Les called J. R. Electric to check the Downtown lights. It was agreed to take the lights down the weekend after the first of the year. Jose reported on the pinatas~ they will be broken on the Saturday evening before Christmas and discussed the program to be held in the Downtown Parking Lot. Tom Henderson will be playing Santa Claus. Bob expressed need to get timers lined up for the Downtown lights next year. Les asked about storage of the lights and Rick report- ed that Jack Rider would store them at his place. The City Hall basement is ideal if available. Vance mentioned the trees along Front St. and consensus was that the Park Dept. must be wainting for the curb repair to be done. Jose brought up the Downtown wooden garbage can receptacles and Bob reviewed the problem~ inv61ved with pickup and availability for abuse. Bob volunteered to call Nancy expla~uing the problems involved. Don volunteered to ask about the power extension cord to the Library Park. V. ADJOURNMENT Les closed the meeting at 8:17 AM. III. ~m. Vance Y~o~er - Secretary Woodburn Fire District Board of Directors Meeting December 11, 1990 Meeting called to order by Chairman Reilingat 7:30p.m. ATTENDANGE: Director Piper, Chairman Reiling, Director Weathers Director McKean $~-ff Presemt: Keith E. woodley, Sandee Krupicka, Jose Lara SET AG~: Chairman Reiling stated that he would like to move Item il-Business in Process directly after Item 6, Payment of Bills. MINUTES: of November 13, 1990 and November 19,1990 approved as presented. McKean/Piper motion. TREASURER'S REPORT: Checking $1,606.11 ! State Fund $932441.02 PA~ENT OF BITf~: Checks #8168-8248 in the mount of $36,586.78 were approved. Piper/McKeanmotion. BUSINESS - IN FROCESS: Presented payment schedule information for review as follows: Jinco Financial Services $142,189.69 Denver, Go. CFC Associates, Inc. Burlington, MA Key Corp Leasing Ltd. Albany, NY Government Leasing Denver, C0 $138,174.00 $137,827.13 $139,981.54 $135,010.00 U.S. Bank Portland, OR All proposals were based on five annual payments scheduled to commence in December 1990. The proposal from US Bank is not a commitment by the Bank, all the other proposals have indicated that they have a firm commitment to fund the loan. Read letter from Legal Gounsel regarding contract documents. Director Piper spoke in favor the apparatus purchase and concurred with legal opinion. Board consensus to enter into agreement with Government LeasLng Go. Discussed process required to proceed with lease purchase agreement. McKean!Weathers motion to adopt Resolution 1991.06 rescinding Resolution 1991.04. Garried unanimously. Woodburn Fire District December 11, 1990 page 2 Weathers/Piper motion to adopt Resolution 1991.07 authorizing the District to enter into a lease purchase agreement for apparatus procurement with Government Leasing Co. for the sum of $599,451.15 and to authorize Chairman Reiling and District Clerk Krupicka to execute said lease on behalf of the District. Carried'unanimously. Piper/McKean motion to adopt Resolution 1991.08 transfer of appropriations to purchase radio equipment for the new apparatus. Carried unanimously. Ghairman Reiling excused Director Piper at 7:5&p.m. BUSINESS - PROJECTED: Advised of vacancies on Budget Committee, discussed composition of members, only one rural resident presently seated. Appointments will be made prior to March 1991. Directors Election - to be held on March 26, 1991. Discussed filing dates and materials required. EXECUTIVE SF~SION: Per ORS 192.660 (1) (f) to consider records that are exempt per ORS 192.501 (1) and (13). Adjourned to Executive Session at 7:54p.m Reconvened to regular session at 8:19p.m. cm~EF ADMINI~T~ OFFICER REPORTS: Advised that Dan Brown has indicated that insurance costs for this fiscal year will be approximately $1000 higher than last year. Director Weathers questioned process for selection of insurance agent and company. Explained Agent of Record bidding process. Next meeting January 8, 1991. Director McKean advised she would be out of town. Adjourned at 8:34p.m. MEMO TO: FROM-. SUBJECT: DATE: Board of Directors Bob Benck Fire Marshal Alarm Activity 1990 January 2~ 1991 Total alarm activity for 1990 was up 11.5~ for the year, with medical related response increasing.15.5~. During the month of December we saw significant increase in ail categories with a 38~ increase for all types of calls. This can be attributed to the.extreme cold weather occurring during the last two weeks of the month. Overall the month of January was the busiest with 250 calls. Altogether for the year the call volume showed increases in nine of the twelve months. Fire During the year we had a 3~ increase in number of responses. We had only two fires in which more than $20~000 of damage occurred. December had the most structure fires with only one building suffering extensive damage~ and this was the result of a significant delay in reporting the fire. Suspicious fires were the lowest in the past three years. A series of arson fires in January resulted in the arrest of juveniles for fire setting. The greatest increase in types of fires occurred in vehicles. ~ There was no life loss and only one serious injury as a result of fires in 1990. Service Until December our volume was down in this category, but broken water lines and other cold weather incidents moved us slightly ahead of last year. Medical As stated, medical calls were up 15.5~ over the previous year. Every month resulted in over 100 calls with July having 165 calls for service. Overall for the past decade our calls have increased a total of 14.3~. I~Iv~ING J~LNU~RY 14, 1991 at 11:45 ara at WOODBURN COMMUNITY CENTER RETIRED SENIOR VOLUNTEER PR~... ADVISORY COUNCIL l.~3~T. !NG ~{INb~ DATE. /2-10-90 at Woodburn Community Center, Lillian Warzynski Chairperson presiding, RDLL. Anderson, Fran Mills, Evelyn Dioda, Adele Sifuentez, Elida Johnston, Bob ~1, ~ Cl!iff Kolousek, Pebbel Warzynski, Lillian Guests: Campbell, Tom - Woodburn Elks Woodley, Paul - Woodburn Elks Staff~ Harvey., Jill Hellhake, Pat Minutes. Minutes read and approved. EVALUATION - Years evaluation focues on seeing if make up of council represents all aspects of con~T~knity'. RE(I)GNITION - Holiday Sing-A-Long scheduled 12-12~90 at 2;00.p~.. in the Woodburn Oommmity Center. All council members, needed to greet volunteers. BUDGET - Jill explained Federal budget layout and passed out 2 budgets, she sent to Mike Quinn. PUBLIC REI,ATIONS - Bob has invited FredKeyser, Mayor, and }.~chelle ~Mlendez~ Woodburn Independent reporter, to Holiday. Sing-A-Long. ~ERSHIP -Procedure for proposing a person for the RSVPAdvi~.~ci! is to give the n~me to Arditb, she will contact the person. HISTCRIANS -Pebbel and Adele still~orking on book, SENICRESTATES - The Estates has a new Activites Director, Kathy Baldwin, Kathy is familiar with RSVP. IDCALORGANIZATIONS - WAASP is not meeting in Dec., the meeting will be Jan. 23~ 1991. UNFINISHED BUSINESS. 55~rING PLACE - Jill discovered Don Juans' is closed on ~onday. Othem ..meeting placeS discussed. ~9)re research required. NEW BUSINESS. Jill explained how budgets submited to Mike Q. will effect RSVP. She is giving a presentation to City Ceuncil tonight re: RSVP. RSVP presented the Woodburn Elks with certificate of appreciation for dedication to conTm~nity and over 150 dolls with blankets to be used in their Christmas Baskets. Over 2,900 hours were recorded by RSVP volunteers in dressing dolls and making blankets. Many hours were donated by con~mLnity members under 60 also. MEMO TO: FROM: SUB J: DATE: Woodburn City Council Fred W. Kyser, MaYor Planning Commission Appointments December 27, 1990 i hereby make the following listed appointments/reappointments: Chris Park has agreed to reappointment to Position 6 Term expires: December, 1994 Therese Sprauer has agreed to reappointment of Position 9 Term expires: December, 1993 Joe Guerra, 1578 James Street, to Position 4 Term expires: December, 1993 Harlen Scott, 1135 Willow, to Position 8 Term expires: December, 1992 December 28, 1990 CITY OF c270 Montgomery Street WOODBURN Woodburn, Oregon 97071 · 982-52c22 Mayor and City Council Woodburn City Hall Woodburn, Oregon 97071 Re: Resignation from city employment To The Mayor and City Council: It is with mixed emotions that I submit my resignation as Woodburn City Attorney effective February 7, 1991. I have proudly represented you, the various departments, and the citizens of Woodburn for the past eight years. During this time I have had the pleasure of working closely with you in a joint effort to confront and ultimately solve a vadety of interesting problems. ! now have an opportunity to enter private practice in Tualatin that I cannot refuse. I look forward to this new challenge with anticipation and enthusiasm. As you know, the City is involved in protracted litigation in the Emanuel Hospital case currently pending in the Court of Appeals. Other legal matters also occur on a day-to- day basis. While I am giving you six weeks notice in an effort to ease the transition, it is my sincere desire to maintain a good working relationship with the City in the future. Accordingly, I am available to render legal advice to you through my private office during the transition period if you request my assistance. ~~)Sincerely, N. Robert Shields City Attorney NRS/kv cc: Michael Quinn, City Administrator All Department Heads Former Mayor Nancy Kirksey Former City Councilor Larry Minard COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE REGISTRATION OF BUSINESS WITHIN THE CiTY OF WOODBURN; ESTABMSHING A REGISTRATION PROCESS; AND PROVIDING A PENALTY FOR VIOLATION THEREOF. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. PURPOSE. This ordinance is enacted, except as otherwise specified, to provide revenue for general municipal purposes, to recoup the necessary expenses required to undertake the administration and enforcement of this ordinance, and to provide for the health, safety and welfare of the citizens of Woodburn through the regi=,"(ration of business. This ordinance shall not be construed or constituted a regulation of any business activity or as a permit of the City to persons engaged therein to und.~rtake unlawful, illegal or prohibited acts. Section 2. DEFINITIONS. For the purpose of this ordinance, the following terms, phr; Lses, words and their derivations shall have meaning given herein unless the context reqt;ires otherwise: A. "Business" means all kinds of vocations, occupations, professions, entE.rprises, establishments, and all kinds of activities and matters, together with all der ces, machines, vehicles and appurtenances used therein, any of which are conducted for )rivate profit, or benefit, either directly or indirectly, on any premises in the City. This def lition includes, but is not limited to, any transaction involving the rental of property, the ~nanufacture or sale of goods, or the sale or rendering of services other than as an em ~loyee. B. 'q'he City" means the City of Woodburn, Oregon. C. "City Council" means the City Council of the City of Woodburn, Oregon. D. "Contractor'' means any person who undertakes to or offers to undertake for consideration to furnish labor and/or material necessary or required to construct, Pa I - COUNCIL BILL NO. ORDINANCE NO. reconstruct, alter, repair, or add to any building, bridge, ditch flume, reservoir, well, fence, street, sidewalk, machinery and all other structures and superstructures. E. "Employee" means any individual who performs services for another individual or organization having the right to control the employee as to the services to be performed and as to the manner of performance. F. "Garage Sale" means a commercial activity, open to the public, conducted at a private residence where person property is sold, or auctioned to others, provided the number of sale days at a particular residence does not exceed two (2) days per occurrence, and no more than two (2) occurrences per calendar year. G. "Person" means and includes individual natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts or corporations or any 'officers, agents, employees or any kind of personal representatives thereof, in any capacity, either on that person's own behalf or for any other person, under either personal appointment or pursuant to law. H. "Premises" means and includes all lands, structures, places and also the equipment on appurtenances connected or used therewith any business, and also any personal property which is affixed to or is otherwise used in connection with any such business conducted on such premises. Section 3. EXEMPTIONS. A. Nothing in this ordinance shall be construed to apply to any person transacting or carrying on any business w'~in the City of Woodburn which is exempt from taxation by the City by virtue of the Constitution of the United States or the Constitution of the State of Oregon. B. No person whose income is based solely on a wage or salary shall, for the purpose of this ordinance, be deemed a person transacting or carrying on any business in the City, and it is the intention that all registration taxes and fees will be borne by the employer. C. Any business paying a franchise tax or fee under any City ordinances or resolutions now existing is exempt from the requirements of this ordinance. Page 2- COUNCIL BILLNO. ORDINANCE NO. C. Any business paying a franchise tax or fee under any City ordinances or resolutions now existing is exempt from the requirements of this ordinance. D. Wholesalers making deliveries or taking orders from duly registered retail outlets within the City am exempt from this ordinance. E. Any person 16 years or younger who operates a business on a part-time basis, which business has an annual gross income of less than $500.00 is exempt from this ordinance. F. Any business whose sole operation is in a special event with a duration of throe days or less shall not be required to register under the ordinance. A special event is a temporary community or public event. G. Any producer of farm products raised in Oregon, produced by themselves or their immediate families, who sell, vend, or dispose of such products within the City. H. Nonprofit organizations, religious organizations, financial organizations, civic organizations and clubs wishing to canvass for funds or sell door-to-door to raise funds to be used solely for the purpose for which the organization was created, and from which no third party receives a profit. I. Subcontractors working for a contractor possessing a valid business registration. J. Garage sales as defined in this ordinance. K. Any person required to be licensed through any other City ordinance including, but not limited to activities such as "merchant police," peddlers and solicitors," "public dances," or other licensed activities. Section 4. REGISTRATION REQUIRED. A. No person shall engage in any business within the City or transact any business specified in this ordinance, without first obtaining a registration certificate and paying the fee prescribed. The provisions of this ordinance shall be in addition to any other fee or registration requirements imposed by the City of Woodbum, unless otherwise spec'~ed. Page 3- COUNCIL BILL NO. ORDINANCE NO. B. The agent or agents of a non-resident proprietor engaged in any business for which registration is required by this ordinance shall be liable for any failure to comply with the provisions of this ordinance, or for any penalty assessed under this ordinance, to the extent and with like effect, as if such agent or agents were themselves the proprietors or owners of the business. C. A person engaged in business in more than one location, or in more than one business registered under this ordinance at the same location, shall make a separate application for each business or location, provided however that only one registration fee shall be applicable to said person. Warehouses and distributing plants used in connection with and incidental to a business shall not be deemed a separate place of business. Separately franchised operations shall be deemed separate businesses even if operated under the same name. D. A person representing himself/herself, or exhibiting any sign or advertisement that he/she is engaged in a business within the City shall be deemed to be actually engaged in such business and shall be liable for the payment of such registration fee and subject to the penalties for failure to comply with the requirements of this ordinance. E. No person shall maintain or operate two or more residential rental units whereby one or more separate living quarters is rented, leased or let in exchange for full or partial compensation without first obtaining a business registration certificate and paying the prescribed fees. Section 5 APPLICATION. A. Application for business registration, and for renewal of business registration shall be made to the Finance Department upon forms furnished by the City. Each application shall state: (1) The name and address of the proposed business location in the City. (2) A description of the business activity to be carried on. (3) The name, address, and business phone number of the applicant or agent. Page 4- COUNCIL BILL NO. ORDINANCE NO. (4) Phone number, in case of emergency, of at least one person other than the above applicant or agent. (5) Description of any hazardous, chemical, or flammable materials which may be stored or utilized at the business location, as defined under ORS 466.605. (6) The name, address, and business phone number of the proprietor if different than that of the applicant. (7) Number of employees. B. The City Administrator or his/her designee may require the applicant to supply any additional information necessary for. administrative purposes. C. The annual registration fee shall be paid to the City of Woodburn upon the filing of the application for a new business registration certificate, or upon the annual renewal thereof on the one year anniversary date of the odginal application. Failure to do so will subject the applicant to a delinquency charge. Section 6. FEE. A. The annual business registration fee required by this ordinance shall be fifty dollars ($50,00) per year for the initial or new business registration. B. The annual renewal business registration fee required by the ordinance shall be twenty-five dollars ($25.00) per year. Section 7. TRANSFERS, RELOCATIONS AND TERMS OF REGISTRATION. A. Transfer: In the event of the transfer of ownership of any business, the applicable registration certificate may be transferred by application to the Finance Director. An application shall be accompanied by a transfer feel this fee to be ten dollars ($10.00). B. Relocation of Existing Business: In the event a business relocates, the business shall reapply to the Finance Director to transfer the business registration. C. Registration Term: A business registration issued under this ordinance shall be valid from the date of issuance until the following annual anniversary date. Section 8. REVOCATION OF REGISTRATION. The City Administrator, upon determining that a business activity, establishment or device is violating this ordinance, Page 5- COUNCIL BILL NO. ORDINANCE NO. other City ordinances, or State or Federal law, shall notify the business in writing that the registration is to be revoked. The notice shall be given at least 15 days before the revocation. If the violation ends within 15 days, the City Administrator may discontinue the revocation proceedings. A notice of revocation shall state the reason for the revocation and inform the business of the provisions of appeal. 'Section 9. SUSPENSION OF REGISTRATION. Upon determining that a business activity or device presents an immediate danger to person or property, the City Administrator may suspend the business for the activ'~y or device at once. The suspension shall take effect immediately upon notice of the suspension's being received by the business, or being delivered to the business address as stated on the application that is being suspended. The notice shall be mailed to the business and state the reason for the suspension and inform the business of the provisions for appeal. The City Administrator may continue suspension so long as the reason for the suspension exists or until a determination on appeal regarding the suspension is made. Section 10. APPEAL A. A business whose registration has been denied renewal, has been suspended, or is to be revoked, may within 15 days after the notice of denial, suspension or revocation is mailed, appeal in writing to the City Council. The appeal shall state: (1) The name and address of the appellant; (2) The nature of the determination being appealed; (3) The reason the determination is incorrect; and (4) What their proposed determination of the appeal should be. B. An appellant who fails to file such a statement w'Khin the time permitted waives his or her objections, and the appeal shall be dismissed. If a notice of revocation is appealed, the revocation does not take effect until final determination of the appeal. The City Council shall hear and determine the appeal on the basis of the written statement and such additional evidence as it considers appropriate. C. At the hearing, the appellant may present testimony and oral argument, personally or by counsel, and any additional evidence. The rules of evidence as used Page 6- COUNCIL BILL NO. ORDINANCE NO. Section 11. DISPLAY REQUIRED. All registration certificates issued in accordance with this ordinance shall be openly displayed in the place of business or kept on the person or on the vehicle of the person registered. Failure to display or carry such registration shall be deemed a violation of this ordinance. Section 12. DISCLAIMERS AND EXEMPTIONS. ^. The levy or collection of a registration fee upon any business shall not be construed to be a permit by the City to the person engaged therein in the event such business shall be unlawful, illegal or prohibited by the laws of the State of Oregon or the United States, or ordinances of the City. B. Nothing herein contained shall be taken or construed as vesting any right in any registration as a contract obligation on the part of the City. Business registration fees may be increased or decreased and other additional taxes or fees may be levied, increased or decreased, at any time by the City Council. No person having paid the fee required and having made application for a business registration shall be entitled to any refund. C. None of the fees or registration requirements provided for in this ordinance shall be required if the applicant is a municipality. Section 13. VIOLATION - PENAL'F?. ^. ^ violation of any provision of this ordinance constitutes a Class I civil infraction and shall be dealt with according to the procedures established by Ordinance 1998. Each day of the violation of this ordinance shall constitute a separate violation. B. ^ finding that a person has committed a violation of this ordinance shall not act to relieve the person from payment of any unpaid business fee, including delinquent charges, for which the person is liable. The penalties imposed by this section are in addition to and not in lieu of any remedies available to the City. C. If a provision of this ordinance is violated by a firm or corporation, the officer or officers, or person or persons responsible for the violation shall be subject to the penalties imposed by this section. Page 7 - COUNCIL BILL NO. ORDINANCE NO. T T- 1~ C. If a provision of this ordinance is violated by a firm or corporation, the officer or officers, or person or persons responsible for the violation shall be subject to the penalties imposed by this section. Section 14. DELINQUENCY CHARGE. The feel required in this ordinance shall be supplemented by a delinquency charge equivalent to an additional 50% fee if not paid within 15 days after the anniversary date of the odginal issuance of the business registration. The unpaid fee constitutes a debt to the City upon which the City may initiate legal action to collect. Section 15. SEVERABILITY. Each portion of this ordinance shall be deemed severable from any other portion. The unconstitutionality or invalidity of any portion of this ordinance shall not invalidate the remainder of this ordinance. Section 16. EFFECTIVE DATE. This ordinance shall be in full force and effect on March 1, 1991. ~/~ Approved as to form: v 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, Deputy Recorder City of Woodburn, Oregon Page 8 - COUNCIL BILL NO. ORDINANCE NO. TO: FROM: DATE: SUBJECT: MEMO MAYOR AND CITY COUNCIL MICHAEL QUINN, CITY ADMINISTRATOR JANUARY 10, 1991 BUSINESS REGISTRATION ORDINANCE At the November 26, 1990 Council meeting, a business registration ordinance was presented for initial conceptual review. Since that time we have conducted additional research and received additional comments from staff and other concerned individuals. While we are to conduct a public hearing on a business registration ordinance at the January 14th meeting, the proposed ordinance is revised in the following manner from the initial proposal in November. 1. The definition section was clarified to include rentals as a business, define employee since this ordinance is not intended to be applicable to employees but to businesses, and to stipulate that garage sales are considered a business if conducted more than twice a year or more than four calendar days per year. 2. The exemption section was expanded to apply to those persons or businesses which are already registered through other ordinances such as licensing for merchant police, peddlers, or dance permits. These other licensing provisions already provide appropriate registration information and may actually be more demanding than in this ordinance. 3. Because of the high number of incidental rentals in the community where one person has a rental for investment or a second home situation, we have proposed that rentals be considered a business if two or more are involved. In addition, only one fee will be collected from the person even if they operate several rentals under said person's name. Consequently, the additional unit fee of $10 has been deleted unless the Council deems fit to reinstitute it. 4. The most significant change to the original ordinance is the deletion of the section references involved in inspection of businesses and the subsequent ability to deny issuance. While this provision was found to exist in another community's ordinance, it is questionable whether our authority could be stretched this far legally under this ordinance. Rather than complicate this registration ordinance, these other concerns about nuisances and other violations can be separately handled under their specific ordinance provisions. Memo to Mayor & Council January 10, 1991 Page 2 5. The violation section is oriented toward the City's civil infraction process. In closing, this proposed registration ordinance is oriented strictly toward gaining information and planning data for our community. It may seem an imposition to some, but it may just as well aid us in improving our business community and climate in the future. It is not preoccupied with revenue generation but will reasonably cover costs of administration. MEMORANDUM OPINION NO.91-01 To: From: Subject: Michael Quinn, city Administrator N. Robert Shields, City Attorney~ Draft Business Registration Ordinance Date: January 9, 1991 I have examined your draft of th~ proposed Business Registration Ordinance. As you know, to expedite the pro~ss and to 91~ ~?r the schedulin~ of a public hearing, the oralnance was ln~=~a~ly placed before-the City Council without my revig~. I am awgre that much of the language ~nthe ordinance was complied from oraingnce? enacted by other cities. I will now share with you my ~egal concerns so that you can include them in your presentation to the Council. I. POWER TO LICENSE BUSINESSES Without question a municipality has the legal power to license businesses within its corporate boundaries. Courts have held, historically, that this is a legitimate exercise of the police power. The local government has an interest in knowing what types of businesses exist and is entitled to exact a license fee-for "doing business" in the community. Apart from licensing requirements .any bqs%ness is,_ of course, subject to various 9ther governmen= regula=~ons. ~or ex_a~.ple, restaurants are sub]ect to County health 1nspection. biquor dispensers are regulated by the State. The City imposes substantive requirements in the areas of zoning, building and nuisance regula%ions. From a liability perspective, one of the major problems with the proposgd ordinance is that it cr~s a large amount of substantive authority based only upon the ability of l%cense. If a court were to rule that the Ci~y_d%d 99~ p%ssess th~.%uth_ori~, th~.City, the elected and appo~n=e~ ozzlclals responslm£e zor ~ne or~lnance could be civilly ~iab~e. Damages_ would include-at a minimum- the cost incurred by closing the ~usiness down. II. SPECIFIC ANALYSIS OF THE ORDINANCE A. Inspection of Business Premises Section 8 of the ordinance empowers appointed City officials to 4, ,, · ,, · examine any business at any and all reasonable t~mes to determlne whether i% is "reasonably safe, sanitary, and suitable" for business. Refusal to allow this inspection constitutes grounds for denial of registration. If the inspection reveals that the bus,ness violates ordinances o.r is a danger to the public welfare or is "likely to become or is at that time a menace or public nuisance" and does not correct these deficiencies within a "reasonable time" no registration is issued. One serious problem with this section is the unregulated power it vests in the hands of City officials. How can someone determine if a business is "suitable"? What does it mean when a business "is Memorandum Opinion No. 91-01 January 9, 1991 Page 2 likely to become a menace"? A court would almost certainly find this section unconstitutionally void for vagueness. A second problem with Section 8 is legally justifying how a "registration" or "licensing" ordinance cgn allow t_h~_ Cit~Ywet~ exercise this broad legal authority. Clearly, some oz =ne po r mentioned in this section already exist. Vio~.ations of local codes and ordinances can be addressed by local officials, and citations can be issued, w~en the officials are lawfully on b~slness premises. There mlght also be additional substantive ordinances which could be researched such as a proposed housing code that has been periodically discusse~. However, ~n..the context of this ordinance, it would be difficult to dezena =his sweeping grant of authority. Even if this broad authority could be justified, i~ woul~ .r~qu%~e the City to inspect each and every business premise boundaries. In other words, the a -lication of the ordinance must be uniform throughout the City. I%-~ould be legally im~ermissibl~ to inspect some premises and not inspect others or =o inspec= various businesses with differing levels of scrutiny. B. Criteria for Grant or Denial Section ? of the ordinance lists various instances ~en registration shall not be granted. Subsection 2 prohibi=s gran=lng registration if "[t]he information supplied for the ~e¥iew doe~ n?~ indicate that the applicant has the special knowieage or sKi~ required to perform the bu~ne~s a~tiv~ty.'~ This would seem to give the City the authoFi=y =o ~eci~e iz someone can run a com etent business. This is beyond the legal authorlty of the City and probably does not reflect %he policy intent of the Council. Similarly, subsection 4 precludes registration if "It]he applicant's past or present violation of law. oF ordinance, including a v~olation that ~oes not legd to a conv~ct~on, pregents a reasonable doubt about his/her ability to.perform the business activity without danger to property or public health or safety." This means .that e~en i~ someone were found "not guilty" of an alleged ordinance vlolat~on( the~act that they were accused of the violation could Drevent regxstra~lon.. ThSs conce~t conflicts wi.th a basic principle of the Amerlcan ]us=lce sys=em an~ is again probably not the Council's intent. c. Application to Rental of Residential Real Property Courts have held th. at renti, ng., and.management of res. l. den. t~al' ' real property can constitute. do~n. . g bus~ness and. thus. .SuD]ec~ a. person. these activities to a municipality ~s l~censlng engaged in authority.. As mentioneu previously, .th~s can not be used to create additional substantive auth~rlty based only upon the po. wet to license. However, the name of the owner of the ~roper~les, their location, whether they are residential or commercial, and the number of rented units, are examples of the type of information a city is entitled to under a registration ordinance. Often cities exempt incidental real property lessors and require a person to own a specific number .of ren~tal..unit~s b. efor. e the. y .a?e subject to licensing. The legal basis zor =his ~is=inc=ion is argument that a person with only a small number of rental units is Memorandum opinion No. 91-01 January 9, 1991 Page 3 not "doing business" within the city. A final concern would b~ about eq]a_ ity in fees. If the intent of the proposed ordinance is to register businesses, i~ wguld seem that the City's administrative costs wou~not ygry3~i_g~n_%~%%ant~ly~ depending on the tyDe of business, it coula, ~n~r~u£~, me persuasively argued %hat a rental business should not be charged the additional per unit cost. D. Penalty Provision Section 16(A) should be revised to state that violation of the ordinance constitutes a civil infraction. This revision will enable the case to be prosecuted in the City's municipal court. III. PROPOSED ORDINANCE REVISION In conclusion, the proposed ordinance would be far ~ore ~efen~ab%e and would subject city offigials to tess legal liability if ~t addressed only business reg~strgtion. .Such an ordinance would provide the City much needed lnformatlon about persons do%ng ~usiness in the community. I am available, to help you in ma~.lng these revisions an~anticlpate t~a~the ordln~ce could~bT~Jl~9 quite readily. In ~h~ alternative, ~ ~oul~. pro~eea w~n u~ present ordinance and a~vise =ne council oz my legal concerns. %Woodburn City Hall 270 N. Montgomery St. Woodburn, OR 97071 Phone 981-7796 December 18, 1990 The Honorable Fred Kyser Woodburn City Hall Woodburn, OR 97071 Dear Mayor Kyser, Please accept this letter as formal testimony from the Woodburn Comeback Campaign members regarding the council's discussion of the proposed business licensing ordinance. After extensive discussion and review of the proposed ordinance, the Comeback Campaign members wish to offer their support for the measure in principal. As the ordinance is still in draft form, we are endorsing the basic concepts and goals of this rule. We believe that although additional regulation is distasteful to many business people, we know of no better way to address the serious problems posed by rental unit businesses. In the wake of the passage of Measure 5, we wish to propose an additional component that we believe merits incorporation into the ordinance. We urge the Council to consider adding language that specifies how the revenues raised from license fees will be used. We believe that those monies must be dedicated to fund a position to enforce the ordinance. Without enforcement, the ordinance may have little impact. As budget cutting is about to begin, we ask that you consider adding language that specifies that the bulk of the revenue is dedicated to an enforcement position and that these monies cannot be reallocated or supplanted. This restriction on using the money for other purposes would protect the funds raised through the ordinance. Adding the suggested language would ensure that the rule would continue to be backed up with the enforcement needed to make it work. We also ask that you consider two other issues that relate to your e~r~mination of this ordinance. We are concerned that if the ordinance does work, many migrants who now crowd into small homes will be pushed out onto the streets. While we wholeheartedly support reducing the serious overcrowding of rental units, we feel that a plan should be developed to address the displacement of these individuals and families. The ordinance will not be productive if it reduces the overcrowding of rental units while increasing homelessness. We are also concerned about what is the police department's role in code enforcement. The quality of life in Woodburn seems so damaged by the overwhelming amount of serious code violations, we want to know if the police are being well-utilized to support the limited resources available to conduct code enforcement. As summer approaches, code issues mushroom exponentially and we want to determine if the city is utilizing all available resources to ensure that city laws and ordinances are "real" rules backed up by enforcement, not just "paper" rules with no real impact or consequences for violators. We hope that you will give careful consideration to the Comeback Campaign's input into the business licensing ordinance. We also hope that the council will continue to vigorously develop other strategies that will rebuild and revitalize our town. Sincerely, Jilda Ballweber and Ruth Herman Wells Woodburn Comeback Campaign Co-Chairs MEMO TO: FROM: SUBJECT: DATE: City Council through the City Administrator Public Works Director ~~~~----~--~~' HWI Project in West Woodburn January 9, 1991 Recommendation: Since the ordinance prepared by the City Attorney for accepting a loan in the amount of $518,345.00 is based on the Economic Development Department's requirements and council's prior policy decisions to attract development in the area, its approval is requested. (Note: Staff is still working with some details of the requirements). Background: The State Economic Development Department has approved a pure grant of $319,655, a conditional grant of $147,000 and a loan of $518,000 so that HWI could be attracted to locate in west Woodbum. No doubt everyone on the council is aware of the project and its value to the City. The loan amount of $518,000 is planned to be shared by the City and 100-acre site property owners, the City's share being $233,345 and the property owners' share being $285,000. To our infOrmation, the operation of HWI is very clean and it will place a minimum demand on City services. The assessed value of the City is expected to increase by more than seven million dollars. The newly constructed water line loop provides significant fire protection to the west Woodbum residents. The City will be able to replace the deteriorated sewage pump station that has reached its capacity in west Woodburn. This pump station and force main has caused considerable problems for the City in the last three years and the City has been planning replacement of this station but could not afford it. The estimated cost of the pump station replacement is $220,000. A bore across I-5 is estimated at a cost of $86,000. The benefits received by the City in infrastructure construction exceed the burden of the loan payment proposed to be assumed by the City; however, final judgment is made by the governing body. Also, a complex project of this size with many funding sources, is bound to carry some cash flow problems that will need to be resolved. The staff is still trying to resolve the issue of 71 percent cap on SPWF participation. Because of the funding problems the State participation cap needs to be increased. In addition, loan and grant line item amounts proposed by the State need to be shifted to match the City's initial proposal. GST/Ig Attachment: HWI Infrastructure Loan/Grant Allocation Note: Loan contract agreement document may be forwarded to council by the City Administrator 10,4 . HWI INFRASTRUCTURE LOAN GRANT ALLOCATION $518,345 $466,655 $425,000 $1,410,000 LOAN GRANT OTHER OTHER: $241,000 $160,000 $24,000 $425,000 ODOT FOR HWI HWI/OWNER CASH CITY WORK SERVICE COST $49,000 $45,000 $200,000 $676,000 $440,000 ( +$42,000 FOR R/W ) $1,410 o000 IMPROVEMENT WATER STORM DRAIN WOODLAND EXT. SAN SEWER HWY. 214 TOTAL ECON. DEV. GRANT ODOT GRANT CITY $24,000 $34,345 $319,655 $241,000 $199,000 (+$42,000 FOR R/W) DAVIOSON $25,000 $45,0OO $200,000 $175,000 OTHER PROPERTIES $147,000 $319,655 $241,000 $257,345 $445,000 $147,000 $518,345 $466,655 $425,000 LOAN GRANT OTHER $233,345 $285,000 $319,655 $147,000 $241,000 $24,000 $160,000 $1,410,000 TOTAL $319,655 $241,000 $257,345 $445,000 $147,000 COUNCIL BILL NO. / o~ ~7/ ORDINANCE NO. AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A LOAN OF $518,345.00 FROM THE ECONOMIC DEVELOPMENT OF THE STATE OF OREGON FOR THE COMPLETION OF CERTAIN INFRASTRUCTURE IMPROVEMENTS AND DECLARING AN EMERGENCY. WHEREAS, the City desires to stimulate economic development for the benefit of the community; and WHEREAS, the City is in need of improving water and sewer linkages in the freeway interchange area to benefit the health and safety of local residents; and WHEREAS, the City previously made application to the Oregon Economic Development Department for funding to allow completion of these infrastructure improvements; and WHEREAS, the Council has previously acted by Resolution No. 1019 to facilitate the completion of this infrastructure development, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The City of Woodburn author's, es acceptance of a loan from the Economic Development Department, Community Development Program, State of Oregon, in the amount of $518,345.00 pursuant to a loan agreement in substantially the form attached hereto as Exhibit "A" with such revisions as may be approved by the Woodbum City Administrator upon the terms and customarily and by its regulations made available for municipal infrastnJcture improvements under ORS 284.310 et. seq., payable from the sources described in ORS 284.410(2)(a) through (e); and authorizes the Woodbum City Administrator to execute such documents, the loan agreement, other project agreements and such other documents, certificates or agreements as shall be necessary to obtain such a loan. Section 2. Emergency Clause. This ordinance being necessary for the immediate preservation of the public peace, health, and safety, an emergency is declared Page I - COUNCIL BILL NO. ORDINANCE NO. to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the May~._). ~ C~ A~omey 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 A'Iq'EST: Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page 2- COUNCIL BILLNO. ORDINANCE NO. STALE OF OREGON SPECIAL PUBLIC WORKS FUND FINANCIAL ASSISTANCE AWARD CONTRACT This Contract ~s made and entered into by and between the State of Oregon, acting by and through its Economic Development Oepartment ('State') and the City of Woodburn ('Borrower'). The reference number of this Contract is L91013. RECITALS WHEREAS, the award of financial assistance which is the subject of this Contract is authorized by ORS 284.310 through 284.$35; and WHEREAS, the State has reviewed the Borrower's application and determined the Project, as hereinafter defined, is feasible and merits funding; and WHEREAS, the State has found that econoaic development in the Project Area, as hereinafter defined, is prevented or substantially restricted by a lack of infrastructure improvements'and that a high probability for industrial and/or commercial development exists in the Project Area; and WHEREAS, the Borrower represents that $1,388,048 is a reasonable estimate of the Costs of the Project, as hereinafter defined; and WHEREAS, the Borrower has committed to provide $403,048 in public and/or private resources as matching funds for the Project; and WHEREAS, the State is willing to provide a Loan of $518,345. and aGrant of $466,655 to the Borrower on the terms and conditions of this Contract. THEREFORE, the parties agree as follows: SECTION 1 CERTAIN DEFINITIONS As used in this Contract, the following terms shall have the following meanings: · Act' shall mean ORS 284.310 through 284,535, as the same may from time to time be amended and supplemented. 'Award" shall mean written notification from the State offering a Loan and/or Grant to the Borrower. lh:5419T BRD:01/07/91 Page I of 10- "Costs of the Project" shall mean all costs of acquiring and constructing the Project, including any financing costs properly allocable to the Project as set out in Exhibit B to the Loan Agreement, the Approved Project Budget. "Defau~t"shall mean an Event of Default or an'event which with notice or lapse of time or both would become an Event of Oefault as set out in Section 7 hereof. 'Grant' shall have the meaning ascribed thereto in Section 2(B) hereof. '.Loan' shall have the meaning ascribed thereto in the Loan Agreement. 'Loan Agreement' shall mean the Loan Agreement, Exhibit I hereto, entered into between the State and the Borrower on the date hereof. 'Project' shall have the meaning ascribed thereto in Exhibit A of the Loan Agreement. 'Project Area' shall mean all properties that will be directly benefitted and served by construction of the Project. "Project Close Out Date' shall mean the date on which the State sends the Borrower written confirmation that the Project has been properly constructed and that the job.creation required by Section $(C) hereof has occurred. 'Project Completion Dat~' shall mean the date on which the Borrower has completed construction of the Project, as set out in Exhibit B(4) of the Loan Agreement. 'SPWF" shall mean'the Special Public Works Fund created by ORS 284.440(1}. SECTION 2 FINANCIAL AWARD A. Amount of Loan Subject to the terms and conditions of this Contract and the Loan Agreement as amended, attached hereto as Exhibit 1 and incorporated herein by reference,":~he State agrees to make a loan to Borrower .in the principal amount of $518,345 (the 'Loan'). B. Amount of Grant Subject to the terms and conditions of this Contract, the State agrees to provide ~unds to the Borrower in the amount of $466,655 (the 'Grant"). Of this amount, $147,000 is a conditional grant {the 'Conditional Grant"). lh:5419T BRD:01/07/9I Page 2 of 10 1. If, during the first ten {10) years of this Contract, any properties in the Project Area benefitting from the Project, as identified in Attachments 1 and 2 to this Contract, are developed, the portion of the Conditional Grant attributable to the developed property shall become a loan (the '.Additional Loan'). The Additional Loan shall bear interest at the rate of 6.5% per year and shall be amortized over ten (10) years. Borrower shall repay the Additional Loan at the same time it repays the Loan. 2. Borrower shall inform the State of any building permits issued to' any parties or their representatives holding an interest in the properties identified in Attachment I within 30 days of the issuance of the permits. 3. In the event any portion of the Conditional Grant becomes an Additional Loan, Borrower shall sign a promissory note (the 'Additional Note') substantially in the form of Exhibit F to the Loan Agreement in the principal amount of the Additional Loan and duly executed and delivered within ten (10) days of Borrower's receipt of the Additional Note from the State.' C. Availability of Funds. The amounts set out in Sections 2(A) and (B) above are subject to the availability of moneys in the SPWF. D. Chanqe in the Ack The State shall not be obligated to provide the Loan and/or Grant if, on or prior to the time the Borrower satisfies all conditions for disbursement of the Loan and/or Grant, there has been a change in the Act so that the Project is no longer eligible ~or the financial assistance authorized by this Contract. E. Orawdowns The State shall disburse the Loan and/or Grant after the Borrower submits drawdown requests on a State-approved cash request form. The Borrower may not draw down any of the Grant until the entire Loan, and any interest earned thereon, has been expended. The Grant may only be drawn down to pay for the Costs of the Project that have been incurred. SECTION 3 · USE OF SPWF AWARO A. Eliqible Activitie~ The use of the Grant and/or Loan are expressly limited to the activities set out in the Project description, Exhibit A of the Loan Agreement. The use of these funds is also expressly subject to the Special Conditions set out in Exhibit 2 hereto, and by this reference incorporated herein. Page 3 of 10 lh:5419T BRD:01/07/91 B. Ineliqible Activities No partof the Loan or Grant shall be used for: administrative purposes, preliminary planning, legal, fiscal or economic investigations, reports or studies to determine the economic and engineering feasibility of the Project, the purchase of equipment not directly appurtenant to the Project, or construction or repair of facilities owned and operated by private parties, the purchase of off-site property for uses not directly related to the project or costs incurred prior to the date of ~he Award. C. Unexpended Funds Any portion of the Grant remaining after this Contract is terminated or gO days after the Project Completion Date shall be returned to the SPWF within 90 days of the Project Completion Date or termination. D. SPWF Participation Rate The Borrower shall finance no more than seventy-one percent (71%) of the Costs of the Project, as set out in Exhibit A to the Loan Agreement, from the Grant and Loan ('Participation Rate'). If the Costs of the Project are less than the amount set out in the Recitals, Borrower shall use less of the Grant and Loan so as to maintain the Participation Rate. SECTION 4 REPRESENTATIONS OF THE STATE The State certifies that at the time this Contract is signed, sufficient funds are available and authorized for this Contract. SECTION 5 REPRESENTATIONS OF THE BORROWER The Borrower represents and warrants to the State that: A. Matchinq Funds Matching funds of $403,048 are available and committed to the Project. Before disbursement of the Loan or Grant the Borrower shall demonstrate, to the satisfaction of the State, that it has obtained all matching funds that are needed to pay for the Costs of the Project. B. Bindinq Obliqations This Contract has been duly executed and delivered by the Borrower and will constitute the legal, valid and binding obligation of the Borrower, enforceable in accordance with its terms. Page 4 of 10 lh:5419T BRD:01/07/91 C. Job-Creation The Project will create 10.! full-time equivalent jobs. The following firms have pledged to (create/retain) jobs in connection with the Project. Firm Hardware Wholesalers, Inc. The minimum number of jobs that must be created within two (2) years from the date of this Contract to meet program requirements are: No. of Jobs Created No. of Family Waqe Jobs 101 97 49 15 D. Drawinqs Borrower shall obtain as-built drawings for all facilities constructed with the Loan and Grant. SECTION 6 COVENANTS OF BORROWER Until the Project is completed and the Loan repaid Borrower agrees that, unless the State shall otherwise consent in writing: A. Compliance with Laws The Borrower will comply with the requirements of all applicable laws, rules, regulations and orders of any governmental authority. In particular, but without limitation, the Borrower shall comply with: 297. State procurement regulations'found in ORS Chapter 279. State labor standards and wage rates found in ORS. Chapter 279. State municipal finance and audit regulations found in ORS Chapter 4. State regulations regarding industrial accident protection found in ORS Chapters 656 and 864. 5. State conflict of interest requirements for public contracts. 6. State environmental laws enacted by agencies listed in Exhibit 3 hereto. lh:5419T BRD:01/07/91 Page 5 of 10 7. Oregon Administrative Rules, chapter 123, Division 42, as amended from time to time at the discretion of the State. 8. State municipal bonding.requirements found in ORS Chapters 280, 284, 286, 287. and 288.. B. Operation and Maintenance of the Project The Borrower will have a program, documented to the satisfaction of the State, for the on-going maintenance, operation and replacement, at its sole expense, of the public works service system.of which the Project is a part by the Project Completion Date. This program should include a plan for generating revenues sufficient to assure the operation, maintenance and replacement of the facility during the service life of the Project. C. Siqns and Notifications The Borrower shall display a sign, provided by the State, near the Project construction site stating that the Project is being funded by Lottery proceeds for the purpose of creating jobs. The Borrower shall include the following statement, prominently placed, on all plans, reports, bid documents and advertisements relating to the Project: "This Project was funded in part with a financial award from the Special Public Works Fund, administered by the State of Oregon, Economic Development Department." D. Economic Benefit Reports The Borrower shall submit reports on the economic development benefits of the Project for the period from the date hereof until two (2) years after the Project Close Out Date at such intervals and in such form as the State shall specify. Reports shall document temporary construction jobs associated with the Project and any new direct permanent or retained jobs resulting from the Project. The reports shall document the general economic benefits of the Project to the community and provide other information necessary to evaluate the success of the Project. The preparation and filing of these reports shall be at the Borrower's expense. E. Insurance In the event the Project, or any portion thereof, is destroyed, any insurance proceeds shall be paid to the State and shall be applied to the principal of and interest on the Loan unless the State agrees in writing that the insurance proceeds shall be used to rebuild the Project. lh:5419T BRD:01/07/91 Page 6 of 10 F. Creation of Accounts Borrower shall establish and maintain the following accounts: 1. Construction Account. )he Eoan proceeds, Grant and matching funds shall be deposited in this account. Earnings on this account shall be credited to this account. Moneys in this account shall be used to pay the Costs of the Project. 2. Loan Account. Fees collected from property owners in the Project Area and any other source of repayment set out in the Loan Agreement shall be promptly deposited in this account. Earnings on this account shall be credited to this account. Moneys in this account shall be used only to pay the principal of and interest on the Loan and the Additional Loan. G. Sales, Leases and Encumbrances Borrower may not sell, exchange, or otherwise dispose of any property constituting a part of the Project unless it is worn out, obsolete or, in the reasonable opinion of the Borrower, no longer useful in the operation of the Project. Proceeds of such sale, exchange or other disposition not used to replace the property in an amount equal to the Participation Rate shall be deposited in the Loan Account. H. Di'sbursement of Grant Drawdowns. The amount of time between receipt of Grant funds by the Borrower and disbursement shall be kept as brief as is administratively possible. I. Condemnation Proceed~ In the event the Project, or any portion thereof is condemned, any condemnation proceeds shall be deposited in the Loan Account and shall be used to repay the outstanding principal and interest on the Loan and the Additional LOan. J. First Source Hirinq Aqreement Prior to disbursement of the Loan or Grant, Hardware Wholesalers, Inc~ shall enter into a First Source Hiring Agreement with the Or, on EmoloYment Division, and a copy of the fully executed First Source Hiring Agreement must be forwarded to the State. lh:5419T BRD:01/07/91 Page 7 of 10 SECTION 7 DEFAULT If any of the following Events of Default. occurs and is continuing, namely: A. The Borrower fails to proceed expeditiously with, or to complete, the Project or any segment or phmse of the Project in accordance with the plans and schedules approved by the State; or B. Any representation with respect to current or historical information made to the State herein or in any other pertinent documents and reports relied upon by the State in gauging the progress on the Project and performance of duties by the Borrower, are untrue in any respect; or C. The Borrower fails to perform or observe any of its covenants or agreements contained herein; or D. The Borrower has not entered into binding legal agreements with all private parties necessary to complete the Project within six (6) months of the date of this Contract; or E. The Borrower is in default under the Loan Agreement. Thereupon, and in each such case, the State, by written notice of default to the Borrower, mmy terminate the whole or any part of this Contract. Notice of default shall specify, with reasonable particularity, the deficiencies in the Borrower's performance and shall provide the Borrower thirty (30) days, or such longer period as the State may authorize in its sole discretion, to correct such deficiencies. SECTION 8 REMEDIES In the event the Borrower is found in Default under this Contract, the State may pursue any or all of the remedies set forth in the loan Agreement and any other remedies available at law or in equity. Such remedies may include, but are not limited to, termination of the Contract or Loan Agreement, stop payment on or return of the Loan and Grant, payment of interest earned on the Loan and Grant, declaration of ineligibility for the receipt of future SPWF awards and withholding of other State funds due the Borrower. lh:5419T BRD:01/07/91 Page 8 of 10 SECTION 9 MISCELLANEOUS A. No Implied Waiver, Cumulative Remedies..- No failure on the part of the State to exercise, and no delay in exercising, any right, power, or-privilege under this Contract shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege under this Contract preclude any other or further exercise thereof or the exercise of any other such right, power or privilege. The remedies provided herein are cumulative and not exclusive of any remedies provided by law. B. Notices All notices, requests, demands, and other communications to or upon the parties hereto shall be in writing and shall be deemed to have been duly given or made when deposited in the mails, postage prepaid, addressed to the party to which such notice, request, demand, or other communication is requested or permitted to be given or made at the addresses set forth below or at such other address of which such party shall have notified in writing the other party hereto. If to the State: Economic Development Department 775 Summer'Street NE Salem, Oregon 97310 Attn: Manager Community Development Programs If to the Borrower: City of Woodburn %Frank Tiwari 270 Montgomery Street ~Woedburn, Oregon 97071 C. Amendments The terms of this Contract, including timeframes for Project completion, will not be waived, altered, modified, supplemented, or amended in any manner except by written instrument signed by the parties. D. Attorney Fees The prevailing party in any dispute arising from this Contract shall be entitled to recover from the other its reasonable attorney's fees at trial and on appeal. lh:5419T BRD:01/07/91 Page 9 of 10 E. Indemnity To the extent permitted by Article XI, Section 10 of the Oregon Constitution, Borrower's charter, relevant Oregon statutes and the Oregon Tort Claims Act, Borrower shall indemnify the State and-its officers,.employees and-. agents against any liability for damage to life or property arising from the Borrower's actions-under this Contract or the Loan Agreement or the actions of Borrower's subcontractors, agents or employees. F. Severability If any term or condition of this Contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and conditions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular term or condition held to be invalid. G. Merger This Contract constitutes the entire agreement between the parties. There are no understandings, agreements or representations, oral or written, not specified.herein regarding this Contract. Borrower, by the signature below of its authorized representative, hereby acknowledges that it has read this Contract, understands it, and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be' duly executed as of the dates set forth below their signatures. STATE OF OREGON, acting by and through City of Woodburn its Economic Development Department (Borrower) By: By: Yvonne Addington, N~nager Community Development Programs Section Business Resources Division Title: (Signature) Date: Date: APPROVED AS TO LEGAL SUFFJCfENC¥ Asst. Attorney General lh:5419T BRD:01/07/91 Page 10 of 10 ,,0,,'-/ DUE TO THEIR LENGTH, COPIES OF THE EXHIBITS ATTACHED TO THE ORIGINAL ORDINANCE ARE NOT INCLUDED IN THE PACKET BUT CAN BE MADE AVAILABLE FOR YOUR EXAMINATION. TO: FROM: SUBJECT: DATE: MEMO City Administrator for Council Action ~'~ ct(~rj~, Randy Scott, C.E.Tech.lll, Thru Public Works Dire Authorization to Bring an Engineering Report for Council Review and Action. January 7, 1991 RECOMMENDATION: It is requested that the Council approve the attached resolution and authorize the staff to bring the engineering report for Council's review and decision. BACKGROUND: The existing storm sewer system serving State Highway 214 and Progress Way is at capacity and can not accept any additional storm runoff from developed or undeveloped property. Certain property adjacent to State Highway 214, East of Progress Way (see attached Area Map) have been required to participate in the installation of a storm sewer system. This requirement was established when the property was developed through the s'~e plan review process. To date this includes the Bi-Mart property, the Pizza Hut property and the Kmart property. Pizza Hut and Bi-Mart, which have been constructed are currently discharging on-site storm runoff through temporary pump stations. The Kmart development is planning to break ground in March, 1991. Kmart has requested the City to proceed with the local improvement district as soon as possible. The resolution that formally defines the Local Improvement District (UD) boundary and declares Council's intent to improve the storm sewer main will be brought to Council approximately two months after the approval of the engineering report. The resolution of intent to improve the storm sewer main also sets a public hearing to receive input from the property owners. ED ordinance may be approved by the Council that defines legal I_I.D. boundary and allocates approximate cost to benefitted properties., Afterwards the final engineering and bond sale process may start. The actual construction of the storm sewer must be complete in the summer of 1991. Attachment: 1. Area map cc: 2. Resolution for Engineering Report City attorney Engineering Planning rn ~ ! I I I I I I I / ! ! ! · I COUNCIL BILL NO. ! ~ U P-- RESOLUTION NO. A RESOLUTION AUTHORIZING CITY ENGINEER TO INITIATE AN ENGINEERING REPORT FOR L.I.D. SPECI~L~SSESSMENTREL~TED TO A STORM SEWERMAIN TO MILL CREEK FROM STATE HIGHWAY 214 AND PROGRESS WAY. WHEREAS, certain developments have been required to install a storm sewer main through the site plan review process; and WHEREAS, property owner special assessment through a local improvement district is an equitable method of financing said improvement; and WHEREAS, the city Council considers the improvement of the storm sewer main to be necessary and beneficial, and WHEREAS, owners of at least a majority of the property affected are primarily in favor of such L.I.D. formation, and WHEREAS, the cost of engineering is allowed to be assessed against the benefitted properties, and WHEREAS, the City Council is authorized to initiate the L.I.D. improvement and procedure process per Ordinance $1879, NOW THEREFOREv THE CITY OF WOODBURN RESOLVES AS FOLLOWS: The City Engineer is directed to perform an Engineer's Report regarding improveme~,f~~n Approved as to form: ci=y A==orney APPROVED: to Mill Creek. Date Passed by the city Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder FRED KYSER, MAYOR ATTEST: Mary Tennant, Deputy Recorder City of Woodburn, Oregon PAGE i - COUNCIL BILL NO. RESOLUTION NO. 110191 N 0 AlP V~ NL~ OR STING A~OUN ! P~Gt IL)]lgU I O) I"tU i U¢I I U?I 110/9U I1~1~ I1 111/9U il II!!~0 :il-ll~O :1 1 11 II11~0 :117 :11 :11 1190 :1 1 11 '.11119g ;111 i~U .llllgg II?i~g '.tl /l?/Yd I1 I1~ UNIT~U Sl~l~S POSTAL UUN~LO L PITTU~R ~ANSION T~RRT WILLI~ ~T'T~ ~SH - C~IT H~LL V 0 V O' 1 D ~CME LOCR SHOP AL~R~ aLLL~D SA~E ¢ V~ULI B=ARING5~ 1NC. ~O15~ CASC~O~ ~R~R' ~ R ~ST~U~RNT C~D LALLAGHEH g COmPaNY CAN~1 ~AND ~ GRAVEL LO DAN~tL5 PMOTOGR ~PMY V J~AN U.W. P~INIlNG & ~OM~ R~P. fO UCA TION~L DEVtLOPMtNI H D PO~L~R CO? G~RVA[5 ~EL~ PHgN~ HAR~NGTON IN~U51R[~L PLA ~R~ HARRIS ~ARRI5 AND ~IOt RUN~LD ~. 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JAMI SON UALC PITZPATRIE~ N~CHOLAS DU~NRO V U I O v ~ i U V O 1 5t:RVI-CES - I-INANCt SERVZCES -- CUMMUN/CA'! S~_RVICtS - V~IOU5 5~PPLILS - POLICE 5CRVICt5 - VRRiOU~ bUPPLIt5 - POLILt ~=RVIC~ - VARIUU~ 5UPPLIt5 - SUPPLItS - 5UPPLIE~ 5UPPLIE5 - VARIUU5 ~UPPL~E5 - V~IUU~ 5ERVICBS- R3VP ~=RVICE5 -- ~SVP S~RVICbS - ~SVP SERVICE5 - ~SVP ~RViC~S - btRV~tS - ~SVP 5ERV ICE5 - SERVICE5 - 5~RVXC~5- S~RVIC~S - ShRV ICES - 5ERVfCES -- UI~L-A-~ID~ StRVLCES - Olat-R-~lOt OV E RP ,~ HtNl UV~RPAY~tN1 V O I U P A~ ROLL * V (J I {2 V U I U - WA) kk - WA 1 t:R - w a, 1 tR 110191 OAT ~ t. rtR AlP VENDOR AMOUNT D E SC RIP TI ,.)IN PO51eR~ LELANO ~U~N'I M~R~ E~L~EN RU'[ ~V~ STEP~N L~ LHURCH MIOU~ ROGER PAIII~ON, M WILLIAM 5LGLtR. B:~ TTY V U I D V O I U V ~ ~ D UK~U'J DEPeRT. UP R~V~NU~ I~M~ ~ETIRE~ENT IRUST Ls~U~ OF OREGON ~IlI~ LOLONIAL Li~t ~, ~CL. iNS= 1NI ~RNAL R~'VENU: OHIO NAT'L V OLD DE:P05I 1 RETURN DEPOSIT R ~TURN O~-POS I! RbTURN DEPOSIT Rt 1'URN DEPOSll Rt TURN D~P05I] ReTUAN D~POSIT R~IURN DEPOSll RELDAN DEPO5II REIURN D~POSI1 g~ 1'URN D~PO~II g~1UKN D~PO~ I1 RtTURN D~PO~I1 R~IUgN D~POII1 R~TURN D~PO511 R~IURN PETTY V 0 I U V 0 I 12 V O 1 PAYROLL* P~ Y ROLL* PR Y RULL P ~,1ROLL* P ~'f ~ O!_L* P~,Y ROLl.* PAYROLL* VOID P '~.YROLL* PAYROLL* P~.Y ROLL~ PAYRULL* pn,'/RULL* I-'A YRULL* V 0 I U P ~.'1' ROLL* $i'O O. OU PAYROLL* BUND :) / LUUF"ON 5'* ~* M RI ~_RI ALS 15UPPL IE~ lb1 TOT AL f'OR lMk- MONTH 0~': COMMUNITY DEVELOPMENT DEPARTMENT YEARLY REPORT 1990 : The Community Development Department realized a banner year for processing development proposals, housing restorations and community clean-up. In a nutshell the building department inspected $16,433~1 in new construction. The Planning Department processed over $17,000,000 in commercial, industrial and multi-family proposals. There were 42 homes that received rehabilitation loans in the amount of $331,821 while Planning and Code Enforcement cleared 1,280 City civil code violations. The Community Development Department is made up of sb( personnel with the two housing rehabilitation employees supported by State housing funds. Although each dePartment is different in its scope of work, they are all tightly interrelated. For example, the Planning staff call on the assistance of the Building Official to review development plans or the Code Enforcement section to clear up a zoning violation. A more detailed review of the four departments' activities are incorporated in this report. Director J I Staffs Planning ~& c~y Counal Short term land Long term projects, housing, beautifi- cation projects, CIPs Secure grants/loans yearly average) Nuisance abatement Animal &weed control Zoaing violations . Abandor~d vehicles Garbage & he~th Assist Planning C Site Plans rehab, wo~ Secure grants/ k)ans 0.4 ~.) Page I - Community Development 1990 Report BUILDING SECTION Building activity established a record for the last decade as to the valuation of construction activity at $16,433,291. ' It is anticipated that 1991' will be even higher at about $18,000,000 to $24,000~000 based' on current development proposals. 1988 1989 1990 New Residence 27 $1,027,200 Res.Adds.& Alts. 72 $ 458,430 Multi-Family 35 $ 436,000 Commercial Valu. 19 $3~32,000 Comm.Adds.& Alts. 21 $2,745,200 Signs,F~,Drive 22 $ 40,100 Accessory Struct. 8 $ 21~15 Mob~e Homes 12 $ 156,900 Demor~sh 2 $ 3,500 3O $2,135,000 13 52 $ 337,100 143 11 $ 125,OO0 6 22 $1.o52.5oo 18 14 $ 385,000 23 33 $ 61,000 47 45 $ 447,000 2 29 $ 637,000 96 1,059,000 620.400 105,000 $10~o_26,991 678,500 110,000 212OO 3285,000 0 TOTAL: 218 $8,090,545- 237 $5,182,1OO 348 $16,433,291 Due to the increased work load, the City was fortunate enough to acquire a student from Chemeketa Community College at no cost to the City. This student assisted the Building DMsion and Housing Rehabilitation Program. 'HOUSING REHABILITATION During the past three years the Housing Rehabilitation Program has made great strides toward improving the quality of the housing stock in the City. Among the accomplishments of the program is the approval of over $945,000 in loan funds for the rehabilitation of nearly 155 units of both single- family and multi-family housing. In addition these improvements will enable nearly 450 residents to live - in improved housing conditions. The following is a table of loans awarded for the years 1988 through 1990. APPROVED REHABILITATION PROJECTS YEAR LOANS TOTAL Housing Rehabilitation Rental Rehab/litation Number Amount Number Amount Number Amount 1988 31 $226,580 N/A N/A 31 $226,580 1989 28 253,651 N/A N/A 28 253,651 1990 42 331,821 53 $133,200 95 465,021 TOTAL 101 $812,052 53 $133,200 154 $945~152 Page 2 - Community Development 1990 Report CODE ENFORCEMENT The demand for services involving the Code Enforcement Section from the general public, community organizations, City Council and staff has resulted in a 149% increase in department productivity from 1989 and 170% increase from 1988 when this program was started. The directed goals of the civic organizations and City Council have targeted the increased livability standards for the City of Woodburn through enforcement. The following graph provides a breakdown of those increases over the last three years. PLANNING DIVISION As previously mentioned, Planning staff processed over $17,000,000 in commercial, industrial and multi- family developments. The department also assisted in securing almost $1,000,000 in grant and loan funds for economic development projects. As for long term projects, staff revised the City's subdivision ordinance and the sign ordinance and a City/State highway access program. These tasks were accomplished while overseeing the functions on the previously reviewed sections of the Community Development Departments. Page 3 - Community Development 1990 Report WOODBURN POLICE DEPARTMENT 270 Montgomery Street Woodburn, Oregon 97071 982-2345 Ken Wright Chief of Police DATE: /December 17, 1990 lO~/~ayor~/ and Council F~~Ken Wright, Chief of Police SUBJECT: 1991 OLCC Renewal Process Annually the City and Police review all licensed establishments within the city. The criteria reviewed is objective and covered by state liquor law and administrative rules. The City only makes a recommendation to the Liquor Commission, who may or may not accept the local government recommendation. This process is often lengthy and can be frought with emotion. The OLCC Commission recognizing this has published a handbook entitled, "Liquor Licensing in Oregon". It is my intention to provide you with the resources and information you need to effectively participate in Oregon's liquor licensing process and to assist in the resolution of problems related to the sale or service of alcoholic beverages. It is with this in mind that I have obtained a few copies of the handbook for your reference and guidance throughout the process. I am anticipating bringing the OLCC licenses to the Council in February. KLW/ils c: Lts. File