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Agenda - 02/25/1991
CITY OF 270 Montgomery Street · WOODBURN Woodburn, Oregon 97071 · 982-5222 AGENDA WOODBURN CITY coUNcIL FEBRUARY 25, 1991 7:00 p.m. 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. MINUTES City Council minutes of February 11, and Special Workshop of February 4, 1991. 3A B. Woodburn Planning Commission minutes of February 14, 1991. 3B C. Budget Committee minutes of February 7, 12, 19, 1991. 3C Woodburn Fire District minutes of January 8, 1991. 3D Woodburn Comeback Campaign minutes of January 8, 15, 29 and February 5 & 12, 1991. 3E F. Woodburn Downtown Association minutes of January 29, 1991. 3_[F 4. APPOINTMENTS AND ANNOUNCEMENTS Announcement: (1) February 27th, 6:00 p.m., City Hall - Meeting sponsored by Woodburn Comeback Campaign on housing issues. Presentation: Norm Rauscher - Oregon Department of Transportation Proposed Highway 214 Improvements. 4B 5. COMMI'n'EE REPORTS 6. COMMUNICATIONS A. Written - Response regarding Business Registration. Page 1 - Agenda, Woodburn City Council of 2/25/91 6A e 9. 10. 11. BUSINESS FROM THE PUBLIC (This allows public to Introduce Items for Council consideration not already scheduled on the agenda.) PUBLIC HEARING TABLED BUSINESS GENERAL BUSINESS Ao Council Bill No. 1274: Ordinance amending manufactured housing regulations. SECOND READING (tabled 2-11-91) 10A Council Bill No. 1277: Resolution authorizing application for STF funds for Dial-A-Ride. 10B Ce Council Bill No. 1278: Resolution authorizing engineering design services for West Woodburn sewer pump station. 10C Council Bill No. 1279: Resolution authorizing contractual services agreement for City Attorney. 10D Eo Council Bill No. 1280: Resolution authorizing co-inventor agreement for transpirator project. 10E Council Bill No. 1281' Ordinance establishing business registration in the City of Woodburn. 10F G. Bid award: Dial-A-Ride van replacement. 10G APPROVAL OF CLAIMS 12. 13. 14. 15. 16. 17. PUBLIC COMMENT NEW BUSINESS SITE PLAN ACTIONS STAFF REPORTS MAYOR AND COUNCIL REPORTS ADJOURNMENT Page 2 - Agenda, Woodburn City Council of 2/25/91 SPECIAL COUNCIL MEETING MINUTES February 4, 1991 TAPE. READING 0001 0002 DATE.' 'CouNCIL CHAMBERS, CITY HALL, CITY OF wOODBURN, COUNTY 'OF MARION, STATE OF OREGON, FEBRUARY 4, 1991. CONVENED. The Council met in a special work session at 6:18 p.m. with Mayor Kyser presiding. 0015 ROLL CALL Mayor Kyser Present Councilor Figley Present Councilor Galvin Present Councilor Hagenauer Present Councilor Jennings Present Councilor Sifuentez Present Councilor Steen Absent 002O 0708 Staff Present: City Administrator Quinn, City Attorney Shields, Public Works Director Tiwari, Asst. City Engineer Morrison, Deputy Recorder Tennant. WASTEWATER TREATMENT PATENT ISSUE. Public Works Director Tiwari declared a conflict of interest on this issue since he shares ownership rights within the proposed agreement for the patent idea. He stated that the patent idea involves a method and the apparatus for a wastewater purification system of which some part of the of the purification process was developed during the course of their employment with the City. The proposed agreement includes Dean Morrison, G.S. Frank Tiwari, and the City as parties of interest. It is proposed that ownership rights be distributed as follows: Dean Morrison (55%), Frank Tiwari (35%), and City of Woodburn (10%). At this point in time, the purification process is still an idea which needs further testing. Staff members from Oregon State University are interested in making this idea a research project, however, they are unwilling to begin the project until a patent agreement is reached by all parties. Dean Morrison explained the purification process which has-been tested at the City's Wastewater plant since October 1989. The proposed' agreement provides for the City to use the idea at no charge, however, other agencies would pay royalties which would be split between the parties based on their share of ownership rights. Director Tiwari stated that they would be willing to increase the City's share of the royalties if the City would contribute towards the costs of attorney fees. Page 1 - Special Council Meeting Minutes, February 4, 1991 SPECIAL COUNCIL MEETING MINUTES February 4, 1.991 TAPE READING in addition' Oregon State University has indicated that they would build an open bed and do the necessary research on the purification process if the City would. provide the land. Attorney Shields suggested that Section B of the draft agreement be more specific to show the City's involvement in the testing of the prototype. He also felt that language should be included in the agreement which would not allow other parties within the agreement to incur additional costs without Council approval. On page 3, item 7, he expressed concern regarding the attorney fee language and suggested that more specific language be included in the agreement. Discussion was held regarding the issue of use of City time versus personal time involved in performing the necessary tests and monitoring the prototype. .1471 It was the consensus of the Council to agree with the concept of a patent agreement. Additionally, further research is required regarding another agreement between the parties for future interests when and if the purification process is developed for the market. Attorney Shields stated that he would discuss Council concerns with the patent attorney to clarify some of the points listed in the draft agreement. 1940 2104 Tape 2 0079 A'I-rEST Brief discussion was held regarding city park property located along Senecal Creek. It was a consensus of the Council not to sell the property at this time. NON-UNION EMPLOYEE COMPENSATION. The Council briefly discussed the need to re-evaluate the salary plan for non- union/management employees. It was suggested that pay increases be awarded through a flexible merit system based on performance rather than providing automatic step increases to employees during the first years of employment. ADJOURNMENT. Thespecialworksession adjourned at7:50 p.m.. APPROVED Fred W. Kyser, Mayor Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page 2 - Special Council Meeting Minutes, February 4, 1991 COUNCIL MEETING MINUTES February 11, 1991 TAPE . READING 0001 coUNTY. DATE. 'couNCIL CHAMBERS, CITY' HALL, CITY OF WOODBURN, OF MARION, STATE OF OREGON, FEBRUARY 11, 1991. O0O3 CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kyser presiding. 0011 ROLL CALL Mayor Kyser Present Councilor Figley Present Councilor Galvin Present Councilor Hagenauer Present Councilor Jennings Present Councilor Sifuentez Present Councilor Steen Present 0021 0030 0O47 Staff ·Present: City Administrator Quinn, City Attorney Shields, Public Works Director Tiwad, Community Development Director Goeckritz, Park and Recreation Director Holly, Police Chief Wright, Finance Director Gritta, Public Works Manager Rohman, Deputy Recorder Tennant. MINUTES. JENNINGS/SIFUENTEZ .... approve the Council minutes of January 28, 1991; accept the Library Board minutes of January 23, 1991, the Recreation and Park' Board minutes of January 10, 1991, and the Downtown Association minutes of January 15 & 22, 1991. The motion passed unanimously. APPOINTMENT - RECREATION AND PARK BOARD. Mayor Kyser recommended the appointment of Barbara Rappleyea to fill the unexpired term of Victor Alvarado (position VII). JENNINGS/FIGLEY... approve the appointment of Barbara Rappleyea to the Recreation & Park Board with her term expiring December 1993. The motion passed unanimously. Mayor Kyser informed the public of a video competition sponsored by the League of Oregon Cities which would focus on the positive aspects of a community. The competition is open to all residents of Oregon with the' exclusion of a professional video technician/producer. ~" Page I - Council Meeting Minutes, February 11, 1991 · ,TAPE. READING 0064 0089 0660 0818 COUNCIL MEETING MINUTES February 11, 1991. TOWN HALL'MEETINGS. Councilor Jennings stated that he has scheduled two town hall meetings regarding the 1991-92 city budget. The meetings will be held at 7:00 p.m. on the following dates/locations: Washington School Cafeteria February 15, 1991 Nellie Muir School Cafeteria February 20, 1991 COMMITTEE REPORT - WOODBURN COMEBACK CAMPAIGN. Ruth Herman Wells, 275 N. Third, reviewed the Committee's quarterly status report to verify the Committee's goals and objectives with the Council. The Committee's findings indicate that the City has a lack of housing which creates overcrowding and homelessness. The Governor's office has been contacted to address the housing concerns and a potential funding source is Economic Development funds. The Committee also plans to continue various functions in the downtown area to encourage participation in community-wide events. Mike Bizon, 875 Kelowna, reiterated the Committee's concern to look for sources of providing additional housing either within the City or Urban Growth Boundary. Mayor Kyser advised the Council and Committee that he had met with Kevin Smith of Governor Robert's office that afternoon regarding the housing issue. A meeting has been scheduled for Wednesday, February 27, 1991, 6:00 p.m., in the Council Chambers to further discuss this issue with the State. The City will also invite representatives from Salud, Marion County Housing Authority, and Marion County Commission to attend this meeting. Ms. Wells also advised the Council that the Committee is sponsoring an event that concludes March 16th in which a button is hid in the downtown area and clues as to the location of the button will be published in the Woodburn Independent. It is anticipated that either Governor Roberts or Representative Kopetski will be in attendance on March 16th. Lee Youngman, Volunteer Coordinator at McLaren School, requested City participation in "Mission Possible", Funds earned by the school will be placed into the Child Abuse Prevention Program. The school will provide a work crew, along with a supervisor, to do various community projects .- Mayor Kyser suggested that the staff contact Ms. Youngman regarding city work projects that could be accomplished through the school's program. COUNCIL BILL_ 1274 - ORDINANCE AMENDING ORDINANCE 1807 REGARDING MANUFACTURED HOUSING REGULATIONS. Page 2 - Council Meeting Minutes, February 11, 1991 TAPE READING 0914 095O COUNCIL MEETING MINUTES February 11, 1991- Council Bill i274 was introdUced by Hagenauer. The two readings of the bill were read by title only since there were no objections from the Council. Attorney Shields advised the Council that a typographical error was located in Section 19.070(o) relating to patio requirements. JENNINGS/SIFUENTEZ .... table Council Bill 1274 until the next meeting with a corrected copy of the bill to be provided to the Council. The motion passed unanimously. COUNCIL BILL 1275 - ORDINANCE AMENDING ORDINANCE 1807 REGARDING PROCEDURES CONCERNING QUASI-JUDICIAL LAND USE HEARINGS. Council Bill 1275 was introduced by Hagenauer. Deputy Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1275 passed unanimously. Mayor Kyser declared the bill duly passed with the emergency clause. COUNCIL BILL 1276 - RESOLUTION ADOPTING POLICY GUIDELINES AND 1005 PROCEDURES REGARDING LIQUOR LICENSE RECOMMENDATIONS. Councilor Hagenauer introduced Council Bill 1276. The bill was read by tkle only since there were no objections from the Council. Police Chief Wright advised the Council that these policy guidelines have been adopted by the City of Salem. The guidelines within this bill have been used by his department in making the recommendations to either approve or deny a 1991 liquor license renewal application. On roll call vote for final passage, the bill passed unanimously. Mayor Kyser declared Council Bill 1276 duly passed. LIQUOR LICENSE RENEWALS FOR 1991. Police Chief Wright recommended the license renewals for the following establishments: Westview Texaco, AM-PM Mini Mart, Lind's Woodburn Market, Lind's Plaza Market, OLCC Agency Store #60, Piper's Jewelry, Payless Drug Store, Roth's IGA, Safeway Stores, Inc., 7-11 Store, Young Street Market, Food Warehouse, Bi-Mart, Chevron USA, Senior Estates Country Club, Gary's Market, Eagle's Hall, Woodburn Elks, Brack's Restaurant, Club ^lley !1 and Cafe, The Pier, Chung Sing's, The New Woodburner, Don Juan's Mexican'Cuisine, LaPetite Deli, Pietro's Pizza, Abby's Pizza, Woodburn Lanes, and Pizza Hut. JENNINGS/SIFUENTEZ .... approve the 1991 liquor license renewals as recommended by Chief Wright. The motion passec!,..~unanimously. The Chief also recommended that the following licenses not be renewed: Crossroads, Homeplate Market, La Linda's, Pub 99, and The Raven Tavern. Page 3 - Council Meeting Minutes, February 11, 1991 COUNCIL MEETING MINUTES February 1.1,199..1 TAPE . READING JENNINGS/SiFUENTEZ... set March 11,1991 as the public hearing date for the five establishments recommended for denial. The motion passed unanimously. 1091 MERCHANT POLICE BUSINESS LICENSE - STANLEY SMITH SECURITY, INC. Chief Wdght recommended Council approval of a merchant police business license to Stanley Smith Security, Inc.. JENNINGS/STEEN .... approve the merchant patrol business license to Stanley Smith Security, Inc. and authorize the issuance of an annual license. The motion passed unanimously. 1110 BID AWARD - PICKUP FOR THE WASTEWATER DIVISION. Bids for a 3/4 ton pickup with a service body were received from the following vendors: Hershberger Motors, $14,376.30; Sauvain Ford, $15,314.00; and Bruce Landsem, Inc., $16,182.00. JENNINGS/SlFUENTEZ .... accept the Iow bid from Hershberger Motors in the amount of $14,376.30. The motion passed unanimously. 1127 BID AWARD - COMPUTER SYSTEM PLOTTER Bids for a Hewlett Packard plotter were received from the following vendors: Nessco Supply Inc., $6,269.50; Robert McNeel & Assoc., $6,275.00; and Creative Cache, $7,495.00. JENNING$/SIFUENTEZ .... accept the Iow bid from Nessco Supply Inc. in the amount of $6,269.50. The motion passed unanimously. 1167 CLAIMS FOR THE MONTH OF JANUARY 1991. SIFUENTF-'//HAGENAUER .... approve voucher checks #4077 - 4476 in the amount of $648,851.40. The motion passed unanimously. 1185 STAFF REPORT- PLANNING FEES. The staff will provide the Council with more detailed information on planning fees charged by other cities at their next regular meeting. ~ - 1256 1284 Councilor Sifuentez expressed her support of the "Mission Possible" program. Councilor Figley expressed her appreciation to the staff, PoliCe Department, Comeback Campaign Committee, and the community for their involvement in the downtown area. Councilor Jennings stated that the Elks Club is als~.;aPpreciative of the efforts made by the Comeback Campaign Committee for ~eir work in the downtown area. Page 4 - Council Meeting Minutes, February 11, 1991 COUNCIL MEETING MINUTES February. 1 !, 1991 · . TAPE.. READING 1378 ADjOuRNMENT. The meeting adjourned at 7:45 p.m.. APPROVED Fred W. Kyser, Mayor A'I-I'EST Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page 5 - Council Meeting Minutes, February 11, 1991 MINUTES WOODBURN PLANNING COMMISSION · ' FEBRUARY 14, 1991 1) 2) 3) 4) 5) ROLL: President Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Mr. Johnson Present Mr. Vallieres Present Mrs. Warzynski Present Mrs. Sprauer Present Mr. Shillig Absent Mr. Park Present Mr. Rappleyea Present Mr. Scott Present Mr. Guerra Present Staff Steve Goeckritz, Community Development Director Barbara Sochacka, City Planner MINUTES: The Woodburn Planning Commission minutes of January 10, 1991 were accepted as written. The City Council minutes of January 14, 28, 1991 were accepted as written. The Woodburn Downtown Association minutes of January 15, 22, 1991 were accepted as written. ELECTION OF OFFICERS: Paul Johnson was re-elected as President of Woodburn Planning commission. Ozzie Vallieres was elected as Vice President. BUSINESS FROM THE AUDIENCE: None COMMUNICATIONS: None 6) PUBLIC HEARING: VARIANCE CASE #91-01 ROSEMONT APARTMENTS Robert Montgomery Staff read the necessary statement to begin the public hearing. Staff reported that the applicant wanted to place one bedroom apartment unit 2 feet from the property line where a required setback is 5 feet from the property line. Staff recommended the Commission consider all identified land use regulations comments and conclusions in making their decision. Commissioner Park asked how large the garage was and what was on each side of the property. Staff answered that it was about 16 to 20 feet wide by 24 feet deep. There are two single family dwellings one on each side of the property. Commissioner Park asked how far the garage was from the building on the adjoining property. Staff answered that it was approximately 8 to the adjoining building. The garage is located one to two feet from the property line. Commissioner Vallieres asked how tenants got to the garage. Staff answered that it was a direct driveway off Young Street. Commissioner Park asked if the garage was presently being used as a garage. Staff answered to their knowledge yes. President Johnson asked if the property owner was aware of the cost to bring this building up to code. Staff stated that the building official had informed the owner of the needed improvements. 2 The applicant, Bob Montgomery, P.O. Box 283, Woodburn, mated that he was aware of the cost to bring this building up to code. It would be done over time. He stated that it would make a nice one bedroom apartment. The driveway would handle the parking situation. Commissioner Warzynski asked where the room for parking was. Mr. Montgomery stated that it was in the front of the garage. Commissioner Vallieres asked if the apartment could be built on the east side of the house. Mr. Montgomery stated that the front of the house was on the east. Commissioner Guerra asked if there was still a wire fence still separating the properties there. Mr. Montgomery stated that there are plans to put a fence all around the property. Staff stated that was one of the conditions the Commission set when the apartment complex was approved. Commissioner Warzynski asked if the parking in front of the garage was adequate for four vehicles. She asked if there was a curb cut there along with the curb cut for the apartments. Mr. Montgomery answered yes. President Johnson stated that he was not clear about the density issue. Staff stated that the property does not exceed any density requirements. It is utilized fully. President Johnson asked if there were any other questions of the applicant. There were none. He asked if there were any questions from the Commission. Commissioner Warzynski asked if this garage was made into a residence, would any one be inspecting this. 3 Staff answered yes, the building official. Commissioner. Rappleyea stated that .looking at the criteria~ he didn't see any reason for granting this variance. He stated that he was against approval-of this variance. Commissioner Vallieres stated that he agreed with Commissioner Rappleyea, he stated that in the past the Council has reversed Commission decisions before on an item similar to this. Chuck Roseria stated that he has talked to the neighbors. A cedar fence will be built between the property and the neighbors. This apartment would house a single person who hopefully will be the manager. Mr. Montgomery stated that he didn't know what the precedent was on the prior variance that was denied, he wondered if it was new construction or an existing building. Staff answered that it was an add on to an existing building. Commissioner Warzynski stated that she felt that the Commission shouldn't compound the existing problem of being too close to the property line by approving this variance. Commissioner Park stated that he couldn't find a reason for granting this variance since it is going to be used for something other than what it was originally intended. President Johnson asked if there was any more questions of the applicant. There were none. He closed the public hearing. Commissioner Guerra stated that he would like to see the improvements to the garage as a garage for the house not as a manager residence. Commissioner Warzynski made the motion to deny this request for Variance Case #91-01. Commissioner Park seconded the motion. A vote was taken and passed unanimously. 4 7) President Johnson stated that the applicant has 10 days in which to appeal to the City Council. . . .~ REPORTS: Site Plan #.90-10 .. Mt. Hood Retail.Center Phase I.- Kmart Site. Parking Adjustment Staff presented the slightly different site plan for the retail center. The developer is asking for a 5% adjustment to the parking standards. Commissioner Warzynski asked if there was an exit and entrance on Progress Way as well as Hwy 214. Staff answered yes. Community Development Department Yearly Report 1990 Building Section Staff stated that there was a substantial increase in building activity last year. Staff is anticipating that this year will be even greater than last year. Hopefully in the future a complex larger than the Kmart project will be developing out at the I-5 interchange. Commissioner Park asked if the State had any plans to improve that interchange. Staff answered yes, a signal is going to be installed for the west side off ramp this summer. Commissioner Park asked if the State was going to widen 214 to 4 lanes. Staff answered that yes, it would be a 5 lanes in some areas. However, it is only in the State planning stage at this time. Housing Rehabilitation The City has secured over 1.4 million dollars for housing rehabilitation. He informed the Commission that Mr. Pogolowitz would no longer be with the City, he will be working in Washington County. Housing Rehabilitation has funded the rehabilitation of 154 units. 5 8) 9) Code Enforcement Staff went over the breakdown of Code Enforcement duties. Planning Dept. The planning staff processed over $17,000.000 in commercial, industrial and multifamily developments in 1990. BUSINESS FROM THE COMMISSION: President Johnson asked staff if there would be a couple of hours a week the Commission could meet with staff. Staff answered yes anytime the Commission wants. ADJOURNMENT: There being no further business from the Planning Commission meeting adjourned. 6 TAPE . READING 0001 '' DATE. BUDGET COMMITTEE MEETING MINUTES February 7, 1991 cOUNCILCHAMBERS,'cITY HALL, CITY OF'WOODBURN, COUNTM OF MARION, STATE OF OREGON, FEBRUARY 7, 1991. OOO2 CONVENED. The Budget Committee met at 7:00 p.m. with Chairman Schultz presiding. 0015 ROLL CALL. Jaeger Absent Figley Present Lucas Present Galvin Present Packer Present Hagenauer Present Schultz Present Jennings Present Serna Absent Sifuentez Present Stone Present Steen Present 0016 Chairman Schultz stated that a statement that she had made was not fully publicized in the Statesman Journal and she encouraged the citizens of Woodburn to become involve in the budgetary decision making process for fiscal year 1991-92. 0025 0152 PUBUC HEARING - 1991-92 CITY BUDGET. Chairman Schultz declared the public hearing open at 7:05 p.m.. A letter from Terry Will was read by Chairman Schuitz reminding the Committee that Oregon state law requires the Committee to hold a public hearing on State Revenue Sharing funds. In his letter, he requested the Committee to consider the appropriations of these funds towards the upkeep and maintenance costs incurred by the swimming pool. Chairman Schultz advised the Committee that the public hearing notice for this year and from the prior budget year specifically identified Federal and State Revenue Sharing funds as part of the budget to be discussed by the Committee. Administrator Quinn stated that a copy of the budget document was available, however, staff was unable to print sufficient copies of the document for all members. The document will be distributed at the next meeting and Committee members could pick-up the document at City Hall on Friday or Monday. Administrator Quinn distributed copies of his budget message to the Committee. He stated that the budget was prepared utilizing the.:; proposed column of the document with projected revenues/expenditures as '~ there were no reductions in the property tax structure. The revised column of the budget document provides for reduced revenues/expenditures due to tax limitations imposed by Measure 5. Page I - Budget Committee Meeting Minutes, February 7, 1991 ,~... :-TAPE READING BUDGET COMMITTEE MEETING MINUTES February 7, 1991· ~ He stated that the Committee is reqUired to 'PrOpoSe a Ievy of tax in the Same .... manner as done in previous years, however, the uncollectible tax amount would increase based on a prorata share of reduced taxes to the districts included in the $10.00 per $1,000 limitation. He projected the City's reduction in property tax to be $611,440 which reflects a proportional reduction of 27.91%. The estimated reduction was based on the current 1990-91 assessed valuation and additional taxes could be received during 1991-92 if the assessed valuation increases. He provided the Committee with a brief overview of the proposed budget and reviewed the major impacts to funds supported by property taxes. A summary of the impacts are as follows: GENERAL FUND --- 1) Within the City Attorney and Municipal Court functions, it is proposed that major traffic violations and cdminal misdemeanor citations be transferred to State District Court in Salem. The Municipal Court would still process minor traffic, city ordinance, and civil infraction violations. The transfer of service would reduce the City's obligation relating to indigent defense, prosecution, jury trial, and interpreter expenses. Personnel positions to be affected include 1) reduction of Municipal Judge's hours by one-half; 2) elimination of one Court Clerk position effective July 1, 1991; 3) elimination of a Clerk II position within the Attorney's office effective July 1, 1991; and 4) contractual services by the Assistant City Attorney would be reduced. 2) The Police Department budget provides for the elimination of 3 Police Officer positions, of which two are currently vacant, and I Records Clerk. The department's overtime budget has been reduced and the department will replace only one patrol car rather than two. Additional funds used for drug investigation will not be transferred from the General Fund to the Investigation/Seizure Fund. 3) Janitorial services within the City Hall building has been reduced by two- thirds. The employees would be required to maintain their immediate work areas and the janitorial service would maintain the public areas within the building. 4) Reduced levels of transfers are proposed to the Retired Senior Volunteer Program, Code Enforcement, and 9-1-1 Dispatch. Chamber of Commerce annual dues was also eliminated unless .dedicated revenues were available from another source such as a business registration program. Page 2 - Budget Committee Meeting Minutes, February 7, 1991 BUDGET COMMITTEE MEETING MINUTES --ebruary 7, 1991 TAPE READING TRANSIT FUND- The proposed budget calls for elimination of the Transit program as of October 1, 1991 and maintaining the Dial-a-Ride Program. An option available to the Committee would be to add $5,000 - $8,000 to the fund in order to keep the bus service at a reduced service level. It is unlikely that the City would ever be able to obtain future state/federal grants if the program is terminated. LIBRARY FUND - The proposed budget would eliminate the Assistant Library Director position and a part-time Ubrary Assistant position. It would also require the department to reduce the number of hours it is open for the public. Book replacement is reduced by approximately 40% and capital outlay was eliminated. The Ubrary Endowment Fund, however, does support the purchase of a new book return drop box. PARK FUND - Facilities Maintenance personnel would be reduced by the elimination of a full-time Utility Worker II and Custodian. Some additional funds for part-time help was included in the budget to assist the remaining staff members with the upkeep of the major parks during the summer months. Most of the capital outlay improvement costs were eliminated from the proposed budget. The Leisure Services program would be reduced by the elimination of the Supervisor's position. Some additional funds were included for part-time help, however, a reduced service level of recreation programs would still be available to the community. The swimming pool would remain open during the summer months with a reduction in the number of hours open to the public. Fees for recreation programs and swimming pool usage would be increased. 9-1-1 COMMUNICATION FUND- In order to reduce operational costs, the proposed budget would eliminate the Dispatch Supervisor position. Revenues from other agencies would be reduced a pro rata share of the cost savings. Page 3 - Budget Committee Meeting Minutes, February 7, 1991 TAPE ~ READING 1749 2313 Tape 2 0061 BUDGET COMMITTEE MEETING MINUTES February 7, 1991 RETIRED SENIOR vOLUNTEER PROGRAM - This program would receive a minor reduction in operations and the full- time Assistant position would be reduced to 1/2 time. Appropriations within the State Revenue Sharing Fund would continue to support street resurfacing/improvement projects. The Housing Rehabilitation Fund is scheduled to be closed out by the next fiscal year. The Economic Development Fund reflects revenues to be received from the Grace Village property and it is proposed to retain proceeds within the operating contingency account of the fund. Capital project funds, reserve funds, and the utility operations were budgeted at' the current levels. The Code Enforcement Program within the Technical & Environmental Services Fund has been reduced by eliminating the part-time Code Enforcement Officer. Administrator Quinn also suggested that the Committee address other policy issues such as over reliance on working capital carryover, and recommend to the Council other sources of revenue such as hotel/motel tax, business registration, use of system development charges and other fees to support staff and improve services, and consideration of a 1¢ sales tax or percentage restaurant tax. At the conclusion of his presentation, the Committee asked several questions relating to the assumptions made in determining the reduced tax level. Discussion was held regarding redistribution of available resources to fund programs currently proposed to be reduced or eliminated. The Administrator advised the Committee that the proceeds from the sale of Grace Village property could be used to restore some of the services. However, he cautioned the Committee that use of the funds may only delay the eventual elimination of a program and/or service to the community. Bill Costine, 1740 Rainier Rd., questioned the value of being a part of the Regional Ubrary ~ervi~e. Ubrary Director Sprauer stated that the City receives approximately $30,000 from the district. Being a part of this :.system allows the Ubrary to utilize references from other libraries and have the automated card catalogue system. The equalization payment, however, does not provide for the full cost of library services generated by rural library patrons. ; , Bill Costine questioned the use of city gas tax funcJS~'' Public Works Director Tiwari stated that a new line item has been established in the Street/Storm Drain Capital Improvement budget to more easily identify the amount of money spent on street Page 4 - Budget Committee Meeting Minutes, February 7, 1991 -TAPE' READING 0413 0833 1013 BUDGET COMMITTEE MEETING MINUTES February 7, 1991 - resurfacing projects. During the current fiScal year, apProximately $78,000 was transferred to the Special Assessment Fund to help pay for Cleveland Street improvement costs. Len Kelley, 931 Gatch Street, questioned the impact of police officer time if changes are made to the current court system. Police Chief Wright stated that most officers appear in court on their off-duty time. The City would experience an increase in gasoline cost and replacement of tires. Dave Negrey, 2139 Camellia Way, questioned the $518,000 loan payback associated with the HWI project. The Public Works Director stated that the City is only responsible for an estimated $233,000 with the remaining balance to be paid by property owners within the affected development area. Committee member Jennings suggested that town hall meetings be held at different locations to encourage citizens to participate in the budget process. The Committee would only listen to the concerns of the citizens and not make decisions at these meetings. JENNINGS/HAGENAUER .... conduct a series of two meetings at locations around Woodburn before the Committee deliberates on the document, and these meetings are to be held before February 26, 1991. On roll call vote, the motion passed 8-2 with Lucas and Schultz voting nay. It was the consensus of the Committee to meet on Tuesdays and Thursdays, excluding February 14, 1991, in order to complete the review of the document by mid-March. Committee Chairman Schultz adjourned the meeting until February 12, 1991 at 7:00 p.m. at which time the Committee will continue the public hearing on the 1991-92 budget document. Lauretta Serna, Secretary Minutes prepared by: Mary Tennant, Deputy Recorder Page 5 - Budget Committee Meeting Minutes, February 7, 1991 TAPE' READING 0002 0005 0016 BUDGET COMMITTEE MEETING MINUTES . February 12~ 1991 ·, DATE. 'COUNciL CHAMBERS, CITY HALL; CITY oF WoODBURN,*COUNTY OF MARION, STATE OF OREGON, FEBRUARY 12, 1991. CONVENED. The Budget Committee met at 7:00 p.m. with Chairman Schultz presiding. ROLL CALL. Jaeger Absent Figley Present Lucas Present Galvin Present Packer Present Hagenauer Absent Schultz Present Jennings Present Serna Absent Sifuentez Present Stone Present Steen Absent TOWN HALL MEETINGS. Committee member Jennings advised the committee that town hall meetings have been scheduled for the following dates/locations: February 15, 1991 7:00 p.m. Washington School Cafeteria February 20, 1991 7:00 p.m. Nellie Muir School Cafeteria He encouraged the Budget Committee members to attend the meetings in order to hear what programs should be continued and the level of service to be provided. The public hearing was continued from February 7, 1991. Administrator Quinn proceeded to review the non-operational funds within the budget. Listed below is a summary of the funds reviewed. STREET LIGHT FUND -- No revenues or expenditures are included in the 1991- 92 Street Ught Fund. Operational expenditures for street lights are listed in a line item within the Street Fund (#40-400-65960). INVESTIGATION/SEIZURE FUND - Revenues from this fund. are generated through confiscated cash and property from narcotic cases,' It is proposed that the General Fund not transfer funds to the investigation fund this fiscal year. W.E.LL PROGRAM FUND - It is anticipated that .all of the available resources within this fund will be spent during fiscal year 1990-91. A grant from the League of Oregon Cities had been received several years ago for the purpose of providing health related programs and equipment to the City. Page I - Budget Committee Meeting Minutes, February 12, 1991 TAPE READING BUDGET COMMI'R'EE MEETING MINUTES February 12, 1991 · FEDERAL REVENUE SHARING FUND- The Federal Revenue Sharing program was discontinued by the federal government a few years ago, however, the City had not fully allocated the expenditure of available funds until fiscal year 1990-91. The proposed budget does not provide for any revenues or expenditures within the Fund for fiscal year 1991-92. STATE REVENUE SHARING - A portion of the state liquor tax funds are allocated to cities under the State Revenue Sharing program. The City has used these funds in previous years to help support a street resurfacing program. There are no restrictions imposed by the State as to how State Revenue Sharing funds are spent. Within the 1991-92 budget, it is proposed to use a portion of the anticipated revenues towards repayment of a loan from the State to improve State Highway 214 near the I-5 interchange. The City has entered into an agreement with the State for a $518,345.00 loan of which the City will be required to repay. $233,000. Property owners in the development area will be responsible for the remaining portion of the loan. The agreement listed the State Revenue Sharing fund as a source of funds the City would use to repay their share of the loan. The staff will prepare an informational summary of the Hardware Wholesaler's Inc. (HWI) project, along with a recap of the City's financial commitments, for distribution at the next budget meeting. ECONOMIC DEVELOPMENT LOAN FUND - It is anticipated that the Grace Village property will be sold this fiscal year with the closing date set for June 10, 1991. The proposed budget, however, provides for a closing date after July 1st and gives the City an opportunity to make the loan repayment to the State without going through a supplemental budget process if circumstances prevented the closing date within the established time frame. The City will be able to retain a portion of the sale proceeds to offset costs already incurred by the City relating to legal and administrative expenses. These funds are shown within the operating contingency line item of the budget, however, it could be returned to the General Fund and Technical & Environmental Services Fund (Planning Division) which has paid for costs incurred to date. Committee member Jennings left at 7:50 p.m.. BONDED DEBT FUND - This debt service fund provides necessary appropriations of general obligation principal and interest payments due during fiscal year 1991-92. Revenue sources include transf?s from the Enterprise funds, Water and Wastewater Capital Improvement funds, and the Woodburn Rural Fire District. The City Hall GO bond has been paid off, therefore, property taxes will not be levied within this fund during fiscal year 1991-92. Page 2 - Budget Committee Meeting Minutes, February 12, 1991 TAPE READING Tape 2 BUDGET COMMITTEE MEETING MINUTES · February 12, 1991 BANCROFT BOND FUND-. This debt serVice fund accounts for 'PrinCipal: and interest payments due on general obligation improvement bonds. Revenues are received from property owners within a Local Improvement District who are participating under the Bancroft Bonding program. SPECIAL ASSESSMENT FUND - This fund accounts for the capital project costs of a Local Improvement District and for financial administration relating to semi-annual payments and bond sale expenses. The 1991-92 budget reflects the MD project costs related to the installation of a storm drain line in the vicinity of Hwy. 214 and Progress Way. SEWER CAPITAL IMPROVEMENT FUND - Development fees account for most of the revenues received within this fund. The majority of the proposed budget provides for engineering services by an outside firm relating to the upgrade of the Wastewater Treatment Plant and transfer of funds to the Bonded Debt Fund. WATER CAPITAL IMPROVEMENT FUND - Proposed appropriations within this fund include unscheduled projects, engineering services, and transfers to the Bonded Debt fund and Water Well Construction fund. Some discussion was held regarding the City's future need to treat well water as required by the federal Safe Drinking Water ACt. STREET/STORM DRAIN CAPITAL IMPROVEMENT FUND - Revenues within this fund are generated through connection tees and the city gas tax. Discussion was held regarding the use of city gas tax revenues and staff was requested to provide the Committee with the Council's priority list under the street resurfacing program. Administrator Quinn also stated that he had included a General Fund transfer of $5,803 to this fund since there may still be an obligation of the City to pay the CIP funds what was deferred under the incremental tax subsidy program. PARKS CAPITAL IMPROVEMENT FUND -... Appropriations within this fund are shown as unscheduled projects. This will allow the Park Board to make recommendations to the Council on the funding of capital improvement projects. WASTEWATER TREATMENT PLANT CONSTRUCTION FUND - A majority of the appropriations within this fund will pay for engineering and design work of the plant. It is anticipated that the City will receive a Ioao.;from the State Economic Development to pay the initial costs associated with the engineering work. Page 3 - Budget Committee Meeting Minutes, February 12, 1991 'TAPE READING BUDGET COMMri-rEE MEETING MINUTES · February 12; 1991 wATER WELL cONSTRuCTIoN FUND _ The propoSed'budget provides for- the completion of the Astor Way well site. CITY HALL CONSTRUCTION FUND - The appropriations within this fund allow for repairs and/or remodeling of City Hall. CAPITAL PROJECT MANAGEMENT FUND - This fund was established in fiscal year 1990-91 to account for revenues and expenses associated with the new computer system. The proposed budget provides for a transfer of $42,000 from the General Fund to make the annual equipment lease payment. CENTRAL STORES (WORKING CAPITAL FUND) - This fund allows for the purchase of bulk paper, office supplies, and printing. Departments are charged for the cost of materials based on actual use. SELF-INSURANCE FUND - This is also an internal service fund to account for the total cost of insurance coverage. LIBRARY ENDOWMENT FUND - The Endowment fund can be used for capital or operational purposes associated with the Library. The proposed budget provides for the purchase and installation of a new book return unit. TREE TRUST FUND - This fund accounts for the annual donation from Don and Patty Burlingham to purchase trees which are distributed to the citizens within the community during Spring Clean-Up week. GENERAL OPERATING RESERVE FUND -- This fund was formerly called the Madon County Loss Sinking fund. Appropriation transfers are provided to the tax supported funds as a revenue source for operating contingencies. Funds are transferred only if contingency appropriations are transferred to an expense account. Bill Costine questioned the use of these reserve funds for uses other than the reduction of bonded debt. Following some discussion on this issue, the staff advised the Committee that a copy of the ordinance establishing the reserve fund would be available at the next meeting. EQUIPMENT REPLACEMENT RESERVE FUNDS (WASTEWATER, WATER, AND STREET - These reserve funds were establisl)ed to accumulate funds for purchase of major capital equipment items. Annual transfers from the Wastewater, Water, and Street Funds provide the revenue source within each fund respectively. Page 4 - Budget Committee Meeting Minutes, February 12, 1991 READING 1113 BUDGET COMMITTEE MEETING MINUTES February 12,. 1991. · . ' .~ ¥' .," ' '.. '.i -* '. -*" ',.-."-' .'- ~"~:~,'" "' ". '"-'*'*-'~'~,: "~. ':"; ' "" "- ~ "" ' ":" Committee member Lucas left the meeting at 9:00 p.m., . therefore, .a quorum was not present in order to continue the public hearing. It was the consensus of the committee members present to discuss the public works funds at the next meeting which will be held on Tuesday, February 19th at 7:00 p.m.. Lauretta Serna, Secretary Minutes prepared by: Mary Tennant Deputy Recorder Page 5 - Budget Committee Meeting Minutes, February 12, 1991 BUDGET COMMITTEE MEETING MINUTES February 19, 1991 TAPE READING ' 0001 "DATE. ~cOuNClL cHAMBERS; CITY HALL, ClTyOF'WOODBURN' "COUNTY' OF MARION, STATE OF OREGON, FEBRUARY 19, 1991. 0002 CONVENED. The Budget Committee met at 7:05 p.m. with Chairman Schultz presiding. 0005 ROLL CALL. Jaeger Absent Figley Present (7:53 pm) Lucas Present Galvin Present Packer (7:53pm) Present Hagenauer Present Schultz Present Jennings Present Serna Present Sifuentez Present Stone (7:20pm) Present Steen Absent 0020 CONTINUATION OF PUBLIC HEARING ON 1991-92 CITY BUDGET. Chairman Schultz advised the audience that this meeting was a continuation of the 1991-92 City Budget hearing. 0O5O Discussion was held regarding discussion of providing copies of budget meeting minutes to the audience or reading the minutes aloud. Chairman Schultz instructed Secretary Serna to read the minutes of February 7, 1991. Following the reading of the minutes, Chairman Schultz declared the minutes approved since there were no changes or omissions suggested by the committee. Secretary Serna then began reading the minutes of February 12, 1991. After reading a portion of the minutes, the Chairman dispensed with reading the complete document since the staff was able to provide sufficient copies of the minutes to be distributed to members of the audience present. .0623 Councilor Jennings stated that there were approximately 12 people in attendance at the Town Hall meeting on February 15th. He stated that he would prepare a summary of the information obtained at the meetings and submit to the Committee after the February 20th town hall meeting. Chairman Schultz appointed Committee member Jennings to be the moderator at the February 20th meeting. 0712 Administrator Quinn advised the Committee that he had prepared a summary of proposed cutbacks which are being distributed at the town hall meetings. He has also been working with the Public Works Director in preparing an itemized listing of city gas tax funds and projects and an informational sheet on the infrastructure project near I-5 interchange (HWI project). In response to a concern at the last meeting regarding use of General Operating Reserve Fund (formerly known as Page 1 - Budget Committee Meeting Minutes, February 19, 1991 BUDGET COMMITTEE MEETING MINUTES February !9, 1991 TAPE READING · Marion cOunty LOss Sinking· FUnd), AdminiStrator QUinn"read a portion of Ordinance 1741 which provided for the transfer of funds to the Bonded Debt fund or to be returned to the Funds which incurred financial loss in 1981. He briefly reviewed the amount of the original loss and the judgment amount received at a later date. O945 1401 Public Works Director Tiwari provided the Committee with an overview of services provided by department.. He reviewed the goals of each public, works division . along with an' organizational ·chart 'of positions within' each area. Major revenue sources are obtained from water and sewer service fees and through state/city gas tax sources. He briefly reviewed a water/sewer rate comparison chart which indicates that the City is 18% below average service rates of communities surrounding area. The proposed budget provides for a 5% rate increase effective January 1992. In order to meet street resurfacing needs over a 15 year life cycle, the City needs $1.3 million to maintain existing city streets. He briefly reviewed a pdor'~j list approved by the Council which is being followed in determining which streets are resurfaced each year. Major projects being addressed by public works include: - Wastewater Facilities Planning - Water System compliance with federal Safe Drinking Water ACt - Woodburn West development (infrastructure and Hwy. 214 widening) - Water well construction -- a) Astor Way, and b) selection of a new site - Storm drain improvements in northeast portion of City - Evergreen area improvement - Highway related improvements - South city limits by-pass - Wet land issues 2239 Administrator Quinn stated that the public works funds were held at the current level of service within the proposed budget, adjusted by cost of living factors, even though construction and engineering activities have increased within the last year. Committee member Jennings questioned the proposed 9% growth in water revenues. The Director stated that rates would increase by 5% in January 1992 and the additional projected revenues include growth and increased water usage by customers. Bill Costine questioned the Director as to the status pr'the proposed wastewater separation project at Smucker's. The Director stated that the project had been put on hold due to 1) wastewater plant modifications that were made, and 2) issue to be addressed in the Facilities Plan. Page 2 - Budget Committee Meeting Minutes, February 19, 1991 TAPE · READING Tape 2 BUDGET COMMITTEE MEETING MINUTES February 19, 1991 Bill Costine also questiOned the use of gas tax funds. Direct°r'TiWari'Stated that the City receives approximately $505,000 from the state which pays for maintenance expenses and $102,000 from city gas tax to assist with resurfacing projects. The operation of street lights is paid for through the state gas tax revenues. Some discussion was held regarding reductions in personnel within the public works operations since the tax-supported functions are experiencing a loss of programs and personnel. . Ann Graham expressed her opinion that the discussions held at the town hall meeting related only to Measure 5 impacts and overstating was not an issue. Bill Costine stated that state and local governments are looking for new revenue sources and the citizens in the community are aware of increased costs whether it is tax related or user fees. Len Kelley expressed his opinion that salary increases to employees should not be given when the City is having to reduce personnel and programs. Administrator Quinn stated that the proposed personnel services portion of the budget reflects cost of living increases, step increases for those employees who are not at the top step, and increased retirement costs per contractual obligations. 0738 JENNINGS/SlFUENTEZ .... continue the public hearing on February 21, 1991 at 7:00 p.m.. The motion passed unanimously. It was the consensus of the Committee to discuss the Library and Housing Rehabilitation Funds at the February 21 st meeting. The meeting adjourned at 9:00 p.m.. Lauretta Serna, Secretary Minutes prepared by: Mary Tennant Deputy Recorder Page 3 - Budget Committee Meeting Minutes, February 19, 1991 WoodburnFire District /Board~of.-Dtrectors Meeting.-.. Januaz7 8, 1991 Meeting called to order by Chairman Reiling at 7:35p.m. ATTENDANCE: Director Piper, Chairman Reiling, Director Weathers Staff Present: Keith E. Woodley, Sandee Krupicka, Jose Lara, Bill Klein, Isak Skorohodov, Bob Benck MINUTES: of December 11, 1990 approved as presented. TREASUP~'S REPORT: Checking $1,164.36 / State Fund $850,183.42 PAYMENT OF B~: Checks ~8269-8348 in the amount of $66,194.01 were approved. Piper/Weathers motion. COMMUNICATIONS: Written - 1990 Fire Marshal Activity Report. Marshal Benck was present to answer any questions on the report. Fire BUSINESS - IN PROCESS: 1. Discussed Budget Committee appointments. Director Piper to contact Mr. Sowa. Chairman Reiling will contact Mr. Everts. Director election. run again. Directors were reminded of filing dates for Director Piper stated that he was not intending to G~L4/RMANANDBOARD¢OMMENTS: Chairman Reiling presented annual dues billing from Oregon Fire District Director's Association for $1,OOO. Chairman Reiling felt that the dues cost was exorbitant based on impact of Measure 5 and the district would be remiss in spending this amount of money based on the return. Director Weathers and Piper concurred. Chief Woodley will see that a letter is written to the E~ecutive Director advising him that the District does not feel it can afford the dues structure due to the uncertainty concerning Measure 5. Director Piper asked what is the status of_. 911. Fire Marshal Benck who is the District's representative, explained that the User Board is investigating the possibility of updating to enhanced 911. The approximate cost will be $180,000. to install. The console and workstation area of the center needs to renovated and updated also, the approximate cost for that work is also $180,00~ These funds are available from the telephone tax charges. Relayed ~nformation that the City of Woodburn Police Department is looking at the possibility of moving their dispatch service to the Salem Dispatch Center. The calls for service would still be answered at the North Woodburn PSAP and be Woodburn Fire District' January 8, 1991 page 2 handed off to Salem for Dispatch. Chairman Reiling was in favor of getting Egll as soon as possible. It will be an advantage for the Sr. Citizens in our community. G~tlF~F AD~ISTI~ATIVB OI~IC~RRB~ORTM: Chief Woodley reported that we have been billed for the chassis for both the rescue unit and air support unit, and have received a billing for one of the pumper chassis. The rescue and air support unit should be here within the next two months. Reported that the date for the grievance arbitration hearing will be February 13. Chairman Reiling asked when the tanker will be in service. Keith advised that it is at Tim's Diesel having the interlock repaired. Should be in service after repairs completed. Relayed information on pump, and brakes. Keith explained that due to the uncertainty of funding levels for Measure 5, there will be no monies available to purchase an extrication tool to be placed on the new rescue. It has been suggested that the Volunteers spearhead a fund raiser to purchase the rescue tool. The Board concurred that this would be a good idea. Presented Budget Calendar for Board's perusal. Keith has approached Mike Quinn with the idea of the City taking the $60,000. bond pas~ent back to the city budget since it may~be able to be outside of the $10. per thousand limitation placed by ~Measure 5. Not much interest in doing that at this time. Next meeting February 12, 1991. Chairman Reiiing advised that he would be out of town on that date. Adjourned at 8:20p.m. WOODBURN COMEBACK CAMPAIGN JANU/~Y 8, 1990 C~L ~ O~ The meeting was called to order at 6:05 p.m. in the City Hall Conference Room. ROLL CALL The following members of the Steering Committee were present: Ruth Herman Wells Susan Packer Mary Beth Hunt Jilda Ballweber Lucien Klein Don Eubank, Police r~partment MINUTES The there was no minutes from the prior meeting as it was canceled due weather conditions of snow and ice. GENERAL BUSINESS Agenda: No changes were made by the committee. B. Updates: 1. Letter to Governor Roberts - committee and was sent. The letter was discussed by the 2. Mission Statement - Was to be in the Newspaper next week and also in th~ Woodburn Schools to encourage Staff and Students to participate. 3. Last Event Debriefing: mover pulled by Larry Minard. visit from "SANTA". Good time riding the Train and the People Tours of town and various areas and a special 6. Business Ordinance Letter to Council - Everyone had a chan~e to read the letter and approved the text after changing the spelling of Mayor Kyser. 5. Migrant Issue Education Session - Guest, Alma Ga-i'jalva, Special Projects Manager from Salud Medical Center. Spoke of what Salud offers and an abbreviated history of the Migrant Worker and the "Home Base" theory. Alma also explained the Seasonal Agriculture Worker (S.A.W.) Law and how it works. The major 'issue discussed was the housing shortage and possible solutions. Alma Grijalva is taking on the project heading up a group to find a solution and possibly build some type of housing in conjunction with CASA OF OREGON, and other agencies. Their primary goals a~ Wi, to build additional housing for seasonal farm workers, and t2, possibly 1-enovating curl~nt migrant housing. Marion County Housing was discussed and what t]]eir role is in t/~is area and what more they could or should be doing. " 'SecOhd Guest"Speaker ~ Charli~ Harris of casa of Oregdn. He' e~pialned to the Committee Casa of Oregon and shared some "long range" ideas that could be instituted. He talked about a 62 unit project in Hillsboro that works and it is actually housing Farm Workers. Charlie Harris is currently working with Alma Grijalva and her committee' in seeking solutions to the housing shortage. Short range solutions were discussed such as, Tents on farms and modular housing. He explained that processes were already in place in Marion County to allow Growers to put up t2mporary housing. The committee shared concerns about who was not doing their share of seeking solutions and. discussed alternatives. They were very concerned about the "FARMD~ STIGMa" that could influence the cities attitude towards building housing. Various sites for Farm Worker housing were discussed including Grave Village and Centennial Park. C. Other Business: The committed authorized the expenditure of funds to have some more Comeback Campaign Signs printed. D. Next Meeting Date, Time and Agenda: January 15, 1991~ 6:00 p.m., Council Chambers, Agenda to be mailed. JhNUhRY 15, 1990 CALL TO ORDER The meeting was called to o~er at 6:10 p.m. in the city hall Council Chan~r. ROLL CALL The following members of the Steering Committee were present: Ruth Herman Wells Susan Packer Susy Ocampo Jose Castro Susan Fofana-Dura Jilda Bal lweber Lucien Klein Carlos E. Nunez Mike Bizon Don Eubank, Police Department ~UEST SPEAKER: Tony Wurdinger MINUTES The minutes of January 8, 1991 were accepted as presented. GENERAL BUSINESS I. Agenda: No changes were offered to the established agenda. B. Updates: 1. Letter to Covernor...No progress/l~sponse in setting up a meeting with the Covernor. 2. Next event...Suggestions of a Family Night at the Movies and a Trek to Mall 99 were discussed. Several members agreed to stay after the general meeting and plan the "Next" event and let everyone know, possibly in the next agenda packet. Elks have expressed an interest in a Street Dance. C. Allocate some funds fox' needed purchases...Comeback posters have been ordered and Yes Graphics will be donating some to the committee. Bumper stickers were discussed as possibly a fund raiser. Fm-ther discussio, was suggested. D. Migrant Issue Education Session... Guest Speaker Tony W_urflinger... Tony Wurdinger is a Local Fm~ner who has some MiSt'ant housing and. he explained the. processes and problems with "temporary" housing and Marion County' s Ordinances. He said that thel~ are several types of Seasonal Workers and they al~ workers that stay year round, several months or weeks and even days. Temporary housing can only be open certain months of th~; Year and with all the regulations involved, it is difficult for farmers to ~de thx~ugh the pl~cess and then, at times, it is to costly. He suggested that what Salud was tryin~ to do was a long term solUtion to part '-. · ": ': ' .of' the .problem,. bower.er,, was not .,a total., answer. .... He. suggested that a..tti.tude, s .... of everyone concerned had to be changed regarding housir~ the seasonal farm worker. The reason for the shortage, Tony said is simple, "People do not want it in their neighborhood", whether it is in the city or county. He suggested the Comeback Campaign attempt to get an audience with the County Commissioners and even the Marion County Housing and ask them what they are doing to solve the problem. Members agreed that this is an avenue of finding out who is or is not doing their job. It was agreed that attempts would first be made to contact the Marion County Housing first and then the Commissioners. It was discussed that members prepare questions and comments for the Ma~-ion County Housing people regarding Farmdale Apartments. E. Other Business 1. Mayor Fred Kyser... Discussed the Council Meeting rega~ing the Business Registration Oix]inance. The business people pl~sent were against the registration because of the fee and the Ordinance lacked "teeth" to inspect. Mayor Kyser said that he felt that the issue was not dead, and that some sort of Ordinance could be developed if a committee worked on it together. The Mayor discussed the Uniform Building Codes and they should be in place within a month or so. 2. Attendance... Susan Packer was concerned about committee members being absent from several meetings. Susan Fofana-Dura expl~ssed the concern of meeting oncea week was to much. After some discussion a vote was taken and the maJority wanted weekly meetings to keep the unity and consistency. F. * Next Meeting: January 22, 1991, 6 p.m. FLt Paul Null will attend for Lt. Don Eubank as he will be out of town. ADJO~ The ~eetin§ was adjourned at 8:15 p.m. CALL TO ORDER The meeting was called to order at 6:05 pm in the City Hall Council Room. ROLL CALL The following member of the Steering Committee were present. Jose Castro Susan Packer Carlos Nunez Lucien Klein Susan Fofana-Dura Don Eubank, Woodburn PD Jilda Ballweber Mike Bizon Kathy Figley Ruth Wells Suzy Ocampo 6UESTS Mayor Fred Kyser Antonio Fernandez, Woodburn Childrens Center MINUTES 1. The minutes of the January 15, 19~1 meeting were accepted as presented. GENERAL BUSINESS Updates: Letter to Governor .... Two representatives from the Governors Office will be present at the next meeting on February 5~ 1~1. They are Victor Vargas and Kevin Smith. Members were reminded to prepare questions on housing issues for the meeting. They will be at the meeting at 6:q5 p.m. Uniform Housing Act .... Mayor Kyser discussed the progress of brir~ing back another business registration ordinance that was similar to the one originally presented and community input and assistance will be requested. Staff will be doing research and providing plenty o~ information to ensure a quality ordinance. The Uniform Housing Act was discussed and will probably be available in draft form in about a month due to budget hearings taking up considerable amount of time. Mayor Kyser and Councilor Figley both stated they were work~pg very hard to get a workable ordinance and housing code. Next/Last Event .... Hot Dog feed at Mall ~9 was another success. Many people participated. Several customers stopped by. Campaign Signs were given out to most visitors. All businesses were., given signs and there was some concern that they did not put them'~p in their windows as asked. It was noted that John Serres ~.wa~ .i~ the.H?spital in Critical Condition · due'to ~ealth~'pr°blem's. A card was to be sent. '***For' 'those Of'~'u e~ho do not know~ John passed away Wednesday morning at 4 a.m.*** There was lengthy discussion about the next event including a Chili Feed~ Street Dancing, A carnival and Family Social. It was decided to have a "Comeback with a Pot of Gold Treasure Hunt". Prizes will be solicited from the businesses and efforts should be. Mike Bizon, Susan Fofana-Dura and Mary Beth Hunt will organize the event. The menu will include Corned Beef Sandwiches, Green Kool Aid and Potato C~ips. Jilda and Ruth will handle publicity of the event. Allocate some funds .... Jose Castro discussed Bumper Stickers and it was decided not to compete with the Middle East Crisis Bumper Stickers. Migrant Issue, Marion County Housing .... They did not show for the meeting and it was decided to talk with the Governors Staff next meeting and then maybe the County Commissioner. Other Business .... Flomers open house was discussed and it was suggested that a letter be sent in appreciation of a quality event and the remodeling that was done. 6. Next Meeting .... February 5, 1991 6 p.m. ADJOURNMENT The meeting was adjourned at 8:15 p.m. MINUTES WOODBURN COMEBACK CAMPAIGN " ~' .' FEBRuARy '5,. 1991 : .... ' CAT.T. TO 0~1)]~ THE HEETING gAS CAL,.w.O TO ORDER.AT. 6.:!0 P/H..IN ~ CITY HALL COUNCIL ROOM: . ROLL CAT.T. THE FOLLOWING MEMBERS OF THE STEERING CO14HITTEE WERE PRESENT: LUCIEN KLEIN KATHY FIGLEY RUTH WELLS JILDA BALLWEBER MIKE BIZON SUSAN PACKER CARLOS NUNEZ HA~YBETH HUNT PAUL NULL (FILL IN FOR DON EUBANK POLICE DEPT) GUEST ALMA GRIJALVA SALUD DE LA FAMILIA GEOFF SUGERMAN COMMUNICATION ASSISTANT, GOVERNORS OFFICE, 378-3121 KEVIN SMITH INTERGOVERNHENTAL & COMMUNITY RELATIONS, GOVERNORS OFFICE 378-6169 VICTOR VASQUEZ " " " " " " ADRIANA CARDENAS PROGRAM MANAGER, GOVERNORS COMMISSION ON AGRICULTURAL LABOR 373-7605 MINUTES 1. THE MINUTES OF THE JANUARY 29, 1991 MEETING ~ ACCEPTED AS PRESENTED. BUSINESS 2. UPDATES UNIFORHHOUSING ACT/BUSINESS LICENSE ..... COMMITTEE DISCUSSED ISSUES RELATING TO THE UNIFORMHOUSING ACT ANDTHEBUSINESS LICENSE ORDINANCE. A MOTION WAS MADE BY LUCIEN KLEIN AND SECONDED BY JILDA BALLHEBER, THAT THE COMMITTEE "RECOMMENDS TO THE CITY COUNCIL THAT A BUSINESS LICENSE ORDINANCE BE PURSUED, AND, THE UNIFORM HOUSING ACT AND THE BUSINESS LICENSE ORDINANCE ARE SO CLOSELY RELATED THAT THEY SHOULD BE CONSIDERED AS ONE ORDINANCE. MI6T, ANT ISSUE EDUCATION SESSION RUTH WELLS GREETED THEGUESTS FROM THE GOVERNORS OFFICe.AND PRESENTED THE PROBLEMEXISTING IN WOODBURNREGARDINGTHELACK OF ADEQUATE MIGRANT HOUSING. RUTH SUGGESTEDTHAT NOT ONLY DOESLONGTERMPLANNINGNEED TO BE ADDRESSED, BUT IMMEDIATE SHORT TERHHOUSING SHOULD BELOOKED AT FOR THE INFLUX OF MIGRANTS EXPECTED IN THE AREA IN THE--NEXT FEW MONTHS. RUTH ALSO BROUGHT UP THE ISSUE OF FARMDAT~ APARTMENTS NOT BEING MAINTAINED NOR BEING USED FOR MIGRANT WORKERS. KEVIN SMITH STATED THAT HE ATTENDED THE MEETING TO PROVIDE ANY HELP HE CAN TO WOODBURN. MIGRANT HOUSING WAS A~IORITY ISSUE WITH THE GOVERNOR. KEVIN FELT THAT IN ORDER FOR WOODBURNTO BRING MIGRANT HOUSING INTO WOODBURNA COMMITMENT WAS NEEDEDFROM IT'S COMMUNITY, AND LOCAL GOVERNMENT. KEVIN ADVISED THAT THE PROCESS TO BRING MIGRANT ..... .:..HOUSING:INTO .... WOODBURN WOULD BE ALONG ONE~ WHICH WOULD TAKE ONE.TO TWO... .- . ~ .' '. DEAL WITH THE HIGRANT HOUSING ISSUE. THE GOVEKNORHAS SET UP A 5 '.. .' . MILLION.DO~3-~R. HOUSING TRUST:FUND',-'AND':IS ~ORKING.'WITH'AGRICULTD/~AL ....... '':-'' BUSINESS ON THE ISSUE OF HOUSING. ALMA.GRIJALVA REQUESTED SOME INFORMATION ON THETRUST FUND TO PURSUE POSSIBLE FUNDING FOR A HOUSING PROGRAM THE SALUD DE LA FAMILIA IS WORKING ON. VICTOR ALSO ADVISED THAT THE GOVERNORS OFFICE IS DOING A STUDY TO DETERMINE THE PRESENT AVAILABILITY OF MIGRANT HOUSING. VICTOR STATED THAT HEWOULDLOOK INTO THE FARHDALE APARTMENT ISSUE WITH HARION COUNTY HOUSING AUTHORITY . VICTOR WILL ALSO BE CONTACTING CONGRESSMAN KOPETSKI'S OFFICE IN ATTEMPT TO GET THE STATE HOUSING AUTHORITY INVOLVED. THE GOVERNORS STAFF WILL SET UP A HEETING WITH STATE, COUNTY, AND LOGAL OFFICIALS TOADDRESS SPECIFIC HOUSING PROBLEMS IN WOODBURNINTHENEXT FEW WEEKS. RUTH ~ELLS ASKED THE GOVERNORS STAFF IF THERE WAS A SOLUTION TO IMMEDIATE SHORT TERM HOUSING FOR THE MIGRANTS. KEVIN SMITH SUGGESTED THIS MAY BE DONE THROUGH FARMER REPRESENTATION ON THE COMMITTEE. RUTH WELLS, SUSAN PACKER, AND MIKE BIZON WILL MAKE A PRESENTATION TO THE CITY COUNCIL ON FEBRUARY llTH IN REGARDS TO THE MIGRANT HOUSING ISSUES. UPDATES CONTINUED 3. NEXT EVENT MIKE BIZON AND It~RYBETH HUNT BROUGHT THE COMMITTEE UP TO DATE ON THE POT-O-GOLD EVENT. TASK ASSIGNMENTS ~ MADE : MIKE AND HARYBETH .......... HAKE SIGNS RUTH ....................... DRAFT ARTICLE SUSAN ...................... CONTACT INDEPENDENT SUSAN ...................... LOCATION FOR CARNIVAL 4. BUDGET REPORT LUCIEN KLIEN REPORTED THAT TWEKE IS A BALANCE OF $374.00. 5. NEXT MEETING IS SCHEDULED FOR FEBRUARY 12TH AT 6:00 P.M. CITY HALL ADJOURF~9~r THE MEETING WAS ADJOURNED AT 8:45 P.M. MINUTES .- '- · .... ..-- . WOODBURN CQMEBACK CAMPAIGN ......v .. . · . .. '" -"' "'-"_~ _ ~,RUARY"ll,"I'9~I" ' ' """ :' '"'"' ' " ' ...... .... ':.'. ":~ -'-. ~' :.. -,'::'~i.'i'...- ~':i"-'!'' ~::..:...i ...."~ :: .....':-:;'.: .... :: ...~-'..":-'.'--.-'-.'-.""~'-','- . ":.~-.:.- "-!".':""':~' ':::':: ..... CALL TO ORDER THE MEETING WAS CALLED TO ORDER AT 6:15 P.M. IN THE CITY HALL CONFERENCE ROOM. ROLL GALL THE FOLLOWING MEMBERS OF THE STEERING COMMITTEE WERE PRESENT: RUTH WELLS CARLOS NUNEZ JILDA BALLWEBER MARYBETH HUNT MIKE BIZON KATHY FIGLEY SUSAN PACKER PAUL NULL (FILL IN FOR DON EUBANK, POLICE DEPT.) GUEST DAN GLENNON, PRESIDENT CHAMBER OF COMMERCE NIKKI DEBUSE, WOODBURN INDEPENDENT MINUTES 1. THE MINUTES OF THE FEBRUARY 5, 1991 MEETING WERE EXCEPTED AS PRESENTED. GENERAL BUSINESS 2. UPDATES UNIFORM HOUSING ACT .............. MIKE, RUTH, AND SUSAN PRESENTED A REPORT TOT HE CITY COUNCIL ON FEBRUARY 11, 1991 OUTLINING THE LIVEABILITYPROBLEMS IN WOODBURN (SEE ATTACHED REPORT). KATHY FIGLEYADVISED SHE SPOKE WITH SEVERAL COUNCIL MEMBERS AFTER THE COUNCIL MEETING AND RECEIVED POSITIVE RESPONSES TOT HE PRESENTATION. KATHY FELT ONE OFT HE BIGGEST HURDLES THE CITY HAS IN BRINGING ADDITIONALMIGRANTHOUSING TO WOODBURNISTHE PRESENT APPEARANCE AND LACK OF MAINTENANCE OF FARMDALE APARTMENTS. KATHY ALSO DISCUSSED THE ISSUE OF PROPOSED BUDGET GUTS IN THE POLICE DEPARTMENT AND CODE ENFORCEMENT, AS POTENTIAL AREAS OF CONCERN, DUE TO LACK OF MANPOWER TO ENFORCE HOUSING CODE VIOLATIONS. JILDA BALLWEBER ADVISED A MEETING HAS BEEN SET FOR A ROUND TABL~ DISCUSSION ON LACK OF AVAILABLE HOUSING IN WOODBURN ON WEDNESDAY, FEBRUARY 27, 1991 AT 6:00 P.M., WOODBURN CITY HALL COUNCIL ROOM. THE FOLLOWING AGENCIES WILL BE REPRESENTED: --: - GOVERNORS OFFICE SALUD MEDICAL CLINIC KOPETSKIS OFFICE MARION COUNTY COMMISSIONERS P.A.C.U.N. MARION COUNTY HOUSING CITY OF WOODBURN COUNCIL WOODBURN COMEBACK CAMPAIGN CARLOS. NUNEZ AND,.SUSAN PACKER.WILL-MEET WI-TH THE GOVERNORS. OF. FICE ON MARCH. 2 , '19'9i ..TO DISCUS'S' THE. WOODBURN'~'COMEBACK~ CAMP~'IGN..MI-SSI.ON'.' . · ' ~. ~: · '. .~ "~' ' · ;'~i'LD~";~AL'LwEB R ~i~ BE:' M~.ETING' WyTfi"<~H~.· s'~N~O ES~AT~S':WA~NG ¢L6B 0N E "< " R'" '" '~ ~ :" ; :-'; "!' ..... FEBRUARY 19, 1991 TO DISCUSS THE WOODBURN COMEBACK CAMPAIGN, THE WOODBURN COMEBACK CAMPAIGN HAS BEEN CONTACTED BY THE ELKS CLUB WANTING TO CO-SPONSOR A STREET DANCE SOMETIME THIS SPRING OR SUMMER. THE WOODBURN COMEBACK CAMPAIGN HAS BEEN CONTACTED BY THE SALUD REQUESTING THAT THE COMMITTEE ATTEND A DANCE AT ST. LUKES CHURCH ON APRIL 13, 1991 AT 8:30 P.M.. SEVERAL MEMBERS OF THE COMMITTEE F2CPRESSED INTEREST IN ATTENDING. POT-O-GOLD .............. MIKE BIZON ADVISED THE FIRST WEEKS PRIZE WILL BE A $50.00 GIFT CERTIFICATEDONATED BY FIRST INTERSTATE BANK. MIKE ANDJILDA BALLWEBER WILL CONTINUE TO SOLICIT DONATIONS FOR WEEKLY PRIZES. UPDATE WITH INDEPENDENT NIKKI DEBUSE ATTENDED THE COMMITTEE MEETING AND WAS BROUGHT UP TO DATE ON THE WOODBURN COMEBACK CAMPAIGN COMMITTEE EVENTS AND GOALS. OTHER BUSINESS THE COMMITTEE DISCUSSED THE PRESENT MEMBERSHIP STRUCTURE. IT WAS PROPOSED THAT THE COMMITTEE SHOULD INCLUDE REPRESENTATION FROM THE FOLLOWING GROUPS: CHAMBER OF COMMERCE SENIOR CITIZENS CITY GOVERNMENT AGRICULTURAL HISPANIC RUSSIAN CITIZENS FROM CROSS SECTION OF CITY THE COMMITTEE ALSO DISCUSSED INSTITUTING A POLIGY GOVERNINGTHE PROCESS OF REMOVING AND ADDING MF2iBERS TO THE COMMITTEE AND ESTABLISHING COMMITTEE SIZE. o PAUL NULL PRESENTED AN OUTLINE OF THE PROCESS THE CITY GOE~ THROUGH WHEN RENEWING LIQUOR LICENSE. THE CHIEF OF POLICE HAS RECOMMENDED THAT FIVE LICENSES NOT BE RENEWED; CROSSROADS DELI, HOMEPLATE MARKET, LA LINDA'S. PUBB 99, AND THE RAVEN INN. PAUL ADVISED THE COMMITTEETHAT COMMUNITY INPUT IS A VITAL PART OF THE HEARING PROCESS AND .THAT CITIZENS ARE WELCOME TO ATTEND THE HEARINGS TO VOICE THEIR OPINION IN FAVOR OF OR IN OPPOSITION TO A LIQUOR LICENSE BEING RENEWED. 3. NEXT MEETING. is SCHEDULED FOR FEBRUARY'lg.,".!991AT/CITY HALL AQJOURNMENT THE MEETING ADJOURNED AT 8:00 P.M. Report to the City CounCil from.the Woodburn Comeback Campaign .. "". Februa/'Y 11, 1991 ~. ~.. · 3UR..CHAR-' ~E::' DeVeloP SolUtionS. :to"ifiveability-pl~btetns We canvassed citizens, officials, city staff, agency representative, ~ .. county officials .and state leaders to help us understand why .. .4 e ~..¢ .. Woodburn faces such serious liveability problems. Past studies and media coverage were also reviewed. Here are the highlights of what the experts told us: City Staff and Officials · Lack of enforcement personnel renders existing ordinances ineffective · Lack of needed ordinances · Lack of needed support from county agencies, such as Health and Housing · Too much of code enforcement personnel time spent on vegetation · No official mandate given by council to develop solutions until very recently Social Service Agencies (Salud, CASA, Oregon Human Development) · Migrant farm workers will come to this area "no matter what" even without housing space · Woodburn has a rental unit vacancy rate of 0% year round, and rent gouging is common · There are constant examples of many families crowded into small apartments · There are countless examples of human waste being left near housing and all over town · No official government body coordinates efforts to address the housing shortage · The ONLY solution to the liveability problem is to build housing · The liveability problems will worsen until housing is built Farlner~ · Marion County's changing rules make it very difficult to offer housing to workers · There are always more farm workers than farm work · Increased housing is needed as soon as possible Newspapers/Studies · The lack of housing and consequent homelessness and overcrowding is extreme Governor Roberts' Staff for Housing and Agriculture/Rep. Kopetski Staff · The housing crisis and resultant liveability problems merit immediate attention Citizen Input · Overcrowding and resultant crime has worsened in recent years - ' · Homelessness people living in yards, bushes,' cars, slum houses; very unhappy with Farmdale · Human waste regularly found at park, in yards, sidewalks, by slum houses · Settlemeir Park being abandoned as a de-facto campground/drug-use area for summer ~OMMITTEE CONCLUSION: To improve liveability, we must develop short- and long- range plan to address extreme lack of housing Proposed Steps: · Gev. Roberts' staff to convene su,mmit ~:'-:. ~ ~ '~ ~.. ~ · Gather additional information on'~potential long- and short-term sol- utions with particular attention to the upcoming summer housing mega-crisis · Continue to hold community events that build spirit and awareness of how citizen involvement is vital to improving liveability . Continue to work to improve cultural sensitivity and understanding WOODBURN DOWNTOWN ASSOCIATION MEETING - FEBRUARY 12,1991 Page (1) ~It. ATTENDANCE. .... Present: Don Eubanks · - Chuck Racliff Bob Sigloh CALL TO ORDER Les call'ed the meeting to .order at 7:40'A.M.. Jose Castro Arlene Monnier Les .Reitan .......... Lucien Klein III. TREASURER'S REPORT Les reported that he and Claudia had gone to 1st. Interstate and deposited $1,000.00 to a CD Account from the savings and also took out an additional $400 for the checking account to cover several bills. The savings account balance is now $562.44. IV. WDA BUSINESS Les mentioned that the trees'had been planted along Front St. Will also be putting gravel next to curb and between the trees. It was mentioned that weather permitting the striping would be done. Les brought the Annual WDA Banquet tickets--everyone took some to sell - Lucien suggested if you sell any put name on back of ticketS, Comeback Committee will be putting on the program. Dinner is $1.00 more this year. The nominating, committee reported the following: Raclif. f agreed to Treasurer, Arlene-Sec., Jose - Vice Pres., Claudia- Pres. Need to have more members on the Board of Directors it was suggested to contact Mike (Roys' Bike Shop), Elsa from Chemeketa, Vance Yoder, Alma from Salud, - Jose will talk to Alma and Les will contact Elsa. Nominating Committee consists of Les,Lucien and Bob. It was mentioned that the following should receive an invi- tation to the Annual Banquet at no charge: Jild~ and husband, Susan & Gary Packard,Ruth and husband, and Fred Kyser and spouse. Les asked what had been done-aboUt the new garbage cans - Mike Quinn called Bob will meet tomorrow reference new cans, LID will pay initially. Purchase as many as possible to at least replace the wooden ones that were removed. Jose mentioned that a notice be posted on cans to put garbage in. cans in English, Spanish & Russian. Lucien was going to pass on to Les the information he had received regarding the hanging baskets in front of each business. ,.' Jose said it would be possible to put a paper banner on the dump box containing the trees from Bob's. It was suggested if unable to tie this in with Arbor Day maybe it could be incorporated with the plant sale. WOODBURN DOWNTOWN ASSOCIATION MEETING - FEBRUARY'12,1991· Page (2) IV. WDA BUSINESS CONTINUED Don Eubanks mentioned that'March 2ndI. w~uid be 'the City A~Iction approx,. 250 bicycl~e$~wil, l..belauctioned am.o.ngl~othe~ thi. ng.-s.? ,. Will be held at the City Shops by the 'Armory. Jose asked about' the sign in Par'king'lot bY P'O. hozone had much info on this but Don will ask Ken about the sign. V. ADJOUNMENT Les closed meeting at 8:27AM. Arleh~ Mi' M'o~Inier- -- Temp. Secretary WOODBUI3N I)OWN'I'£)WN A,c3~OCIATION MEETING'-FEBRUARY 5,1991 -'Les'ca'l'le'd'-the' meet'tag. ~o': Wrder at 7,:3'7 AM'..-" 1 1 . ATTENDANCE Pi-esent were: l{uth Evans Don Eubanks Rick Ostrom Chuck Racliff Les H, eitan Claudia James Lucien i<lein Bob $igloh Arlene Monnier IIi.TIIEASUIIER'S REPORT lV. Wl)A BUSINESS Les asked if the wooden garbage cans had been removed and Don reported that they had been picked up last Friday. Les asked if there had been anymore information ,~bout the hanging baskets and Lucien was going to talk with 6ilda at a meeting tonight. It was bro[~ght up once again about the tcee planting and Don said that Fred had mentioned at the' Comeback meet4ng that .they were going to plant the t,'ees. }tick Ostrom had contacted the Carnival people but the~ are booked up for 1991 but need to call about mid Nov. to set up for '92. The Comeback Team are considering a Carnival for M~vch '91 the only time they had avail.- able. They mentioned blocking off Front to 1st. for Carni vr~ 1 . The nominating committee met last Tues. (Lucien,Les,& Bob) nominated Claudia James as P,'es. and Jos~' as Vice Pres.-- another mee'[ing scheduled for today after this meeting. Rick mentioned there doesn't 'seem to be a flag out at Chemeke ta. Bob said that Larry Bernard mentioned that the flags that use to be tagen care of by the Jaycees are now handled by the ~iwanis. Ref. trees at Bobs -- was suggested that should be used as a promotion for the WI)A to give away. Bob suggests that they lo~ad them in one of his dump .boxes and park al: Chemeketa or possibly 'in ltick's par~ing lot --- Rick O[('d -- Maybe put: an ad J r, l:h~. paper and also ask Jose to make a banner for box as advertising. Le.q nlontion¢:,.d next. we{~k wou]d h~av~ ticke!:~ on sale for Annual Wl)A Banquet. Tickets wou.ld be between $8.00 &. $10.00 -- Choi&e 0f 'Fi'sh' or 7%~ . 'Wili star{' at :.6":-30pM:wi th"di.nner"at--.7:.00P'M. "...' ............ .. · :'. ..... .'-" l{el.':..~uaz, y Days - Bob suggested..we don't for.ge~ .the local competition'b~'t "ie'{ 'Mi~¢ run th~ Competition. with the bikes. Les suggested the Wl)A and the Come- back Committee work close together. Rick brought up that if we are unable to have the Carnival that maybe we ought to think about having the Pony Rides- Cost approx. $300.00 - possibly just block street. Claudia suggested the Dunk Tank - Don will contact Ken about this. Les wiII bring 'the bik~ races to Mikes attention. Rick also mentioned the Muster Team. Don reported crime way down - most of the problem is now at Mall 99 but the Merchants have hired security. The police are trying to get the merchants not to tolerate these problems but to try and remove them from the premises and if unable-then call for help. Don will work on more information for family night this week. V · AI)JOUItNMI£NT Meeting adjouned 8:15AM. Arlene . ~lonni e r Temp. Assist. Secretary WOODBURN DOWNTOV,'N ASSOCIATION MEETING-JANUARY 29,1.991,_ I~C^LL TO Les called meeting to order at 7:37AM. I I ATTEND^NCI'~ Present were: Chuck Racliff Bob Si. gl. oh Arlene Monnier Lucien Klein Les Reitan Rick Ostrom Don Eubanks Claudia James iii TtlEASURI~R'S; REPORT Ken Wright Jose Castro 1V WD^ BIlSINESS Les brought a letter from IRS asking for receipts for 1982 - 11989 will get info' from Claudia. g~OSS It was brought up that Chris of PGE was computing downtown light biI1 for this year ,'ef. Christmas lighting. Last year it ended up about $275.00. Les was going to make a call reference flower baskets and care in front of downtown businesses. Lucien suggested that he could get information at a meeting he was to attend tonight (Jan.29th). Regarding Report on Comeback Committee - Don Eubanks sai~ there was an attendance of approx. 150 at the hot dog feed at Mall 99 Saturday Jan.26th.(4:00 to 4:30PM). It was reported that they would like to have one really good event per month. Was suggested possibly a family night at the movies once a month with a reduced rate (maybe $2.50) The committee was to report lack ,to Don tonight. Les mentioned the letter from the city - fJega rding planting of trees and Ken said they were waiting for the striping - 'the parking on front will remain the same. Rick reported that the wdoden ' garbage cans would be removed and lien said Mike had asked him to rel. a'y the message that they would be cleaned out today. After the discussion Lucien made a motion to have the City purchase the new garbage cans under the supervision of Bob Sigloh and that they be charged to LID, Rick seconded the motion, was voted on and approved, lien Wright will follow through i~n pricing' etc. ]tick brought up about having Crazy Days in,..eonnection with the Mexican Fiesta Days. Les mentioned about the bed races and wondered if the Downtown Merchants would continue with i t as in the past. There was more discussion on this and Jose did verif,v that Fiesta Days would be Aug. 2nd. 3rd. & 4th. Claudia suggested about looking into having a Carnival possibly the week prior to WOODBIJRN 1)OWN'I'()WN A,'d,SOCIATJON MEETING-JANUARY Fiesta Days. Bob suggested they have the Officers Nominating Committee meeting at I:00PM today Jan.29th at Les's office.. It was agreed. lien mentioned that the Mayor brought up the Business License Registration last night at a meeting. .lien suggested that someone from the WDA be on the committee. ]3ob said that he has quite a few trees stored at his place that need to be planted by someone. Was suggested that they be donated for Arbor Day-- talk. ed about a Free Giveaway Ad in the paper. .\/ il),] O1!1~ NMEN']' Meeting was adjourned at 8:27AM. Arlene M. Monniet- Temp. Assist.Sect'etc~ry FROM: SUBJECT: DATE: MEMO 'MAYOR.AND CITY COUNCIL ''. STEVE GOECKRITZ, COMMUNITY DEVELOPMENT DIRECTOR HIGHWAY IMPROVEMENTS ON 214 FEBRUARY 21, 1991 Mr. Norm Rauscher from the Oregon Department of Transportation will brief the Council on potential State Highway 214 improvements. PACIFIC ~IGHWAY -PARK STREET (WOODBURN) ~lllsboro - Silverton F_~ghway Marion County Goals and Objectives GOAL 1: Objective 1: Objective 2: Objective 3: UPGRADE ABOUTATWO--MILE SECTION OF THE HILLSBORO - SILVERTON HIGMWAYTMROUGH W00DBURN TO IMPROVE SAFETY AND CAPAdlTY. Widen the existing two to three lane highway to a five lane highway. Decrease congestion by increasing capacity at major intersections. Improve the I-5 interchange in consonance with the widening of the Hillsboro - Silverton Highway to accommodate future traffic volumes on the project section. GOAL 2: Objective 1: Objective 2: Objective 3: GOAL 3: Objective 1: Objective 2: DEVELOP A pROJECT W~IC~MINIMIZES EAUCIRONMENTALAND SOCIAL IMPACTS. Provide opportunity for public and agency participation in the project's development.a~d design. Consider environmental, economic, and social concerns and mitigation in developing and selecting alternative designs. '-' Ensure the City of Woodburn and Marion County participation in the project development process. ACCOMMODATE PROJECTED TRAFFIC VOLUME~.,;ON T~E PROJECT SECTION. Accommodate existing and projected land use developments consistent with the adopted City of Woodburn and Marion County comprehensive plans. Coordinate improvements with other project~ identified in the local and regional transportation plans. 0 rf'LU UJ IX: 13- ~ uJ I- (~2 of~z mu.>_ o o 0 ~ · o ~ = E - C o~ CITY OF. WOODBU,P N .. ~:- ... -.... . 970~1 982-522~2. · E7oMontgomeryStr¢~t · Woodbum, Oregon · February 21, 1991 Carl Brown 914 Meadowvale Lane Woodburn, Oregon 97071 Terry W~rthers 182 S. Settlemier Avenue Woodburn, Oregon 97071 Gentlemen: I am writing in response to your letter of February 5, 1991. The City Council and I appreciate your interest and concern regarding the proposed business registration ordinance which is being considered by the Woodbum City Council. As Mayor, I feel that you are in a minority as to your objections to such an ordinance. Many citizens feel that something must be done to at least slow down, if not stop, the salesmen who are soliciting our citizens for products and services. I acknowledge that we presently have, although it is not strictly enforced, registration for those soliciting door- to-door. Our citizens need to be in a position to ask, "Are you registered to do business in the City of Woodburn?" It is our contention that along with the business registration ordinance, we follow-up with a housing ordinance, which is currently being developed. As to your request that a committee be formed to study the business registration proposal, we feel that the issue has been studied for several years, two public hearings have been held, and further study of the proposal would only delay the actual decision. Cad Brown Terry Withers .. February 21, 1991 . Page.2... .... '-. We have talked to a number of business proprietors, the general public, and members of the Board of Directors of the Chamber of Commerce and found we have their full support. We have a very competent staff and an excellent City Council to complete this project. Again, thanks for your concern about our community, and we truly do appreciate your input. Sincerely, ed W. Kyser ~j/ Mayor cc: Jane Kanz, Director, Woodburn Chamber of Commerce Dan Glennon, President, Woodburn Chamber of Commerce Woodburn Comeback Campaign Woodburn City Council 27,~ Montgo~e[.y St ................ Woodburn, Oregon 97~71 I am Carl Brown and live at 914 Meadowvale Lane, Woodburn operate my business in the City of Woodburn. and I am sending this letter in regards to the subject of Business Registration. It has been brought to my attention that Mayor Keyser has again brought this subject to' light. After the last proposal was defeated a number of the local business people met voluntarily at the Chamber office with the mayor and Councilman Jennings. The purpose of that meeting was to see if we could find some common ground from which we could jointly work toward a way that both the Cities desires for this subject and the concerns of the business people could be brought together for the mutual benefit of both parties. We found 3 areas of concern for both that need to be considered. They are; 1. Business Registration 2. Business Regulation 3. Housing Problems In as much as I am aware that the Mayor has already directed staff to write a new ordinance for your consideration, I feel there is another path which should be explored. That is a joint panel consisting of 3 business people and 3 council members to work in harmony to colate ideas and bring to the council an agreeable resolution for your consideration. I feel this could minimize staff time and speed this item to a peaceful conclusion to the benefit of both sides of this issue. We see this as items which must be dealt with simultaniously yet treated as 3 seperate ordinances as required by law. We feel its time that we quit pointing fingers and throwing stones at each other and work together so that this issue can be finalized to the benefit of the entire city. We-are aware that there are problems that need to be addressed, yet wish to protect the business community from additional burdens if they are not part of or contributing to the problems we seek solutions to. ;' We the undersigned do hereby request that the council appoint 3 of thier members to join wi. th us to form this committee for the "sol'e'.'p.u'rP'ose o~"b'ringi~g'a.'resolut.ion ~a~k~.to..the ~u-!i.I' counc'i'l. '" .' {or'~ i'ts' &0nsider'at)on 0f'thbse 3 '~tal'ar'eas. W~ alSo. reque's'.t .... · · '~"tha't."~the'.'~ayor'.'r.ec.i.n.d:~hi-~'.d.i~.'rec':~.~.'v.e to .st:a..f'f-.=a'nd :al~-l.~W:.'iii~s'it.i. me't.o ..... ... be able to complete the task at hand. Respectfuly Submitted; Carl Brown 914 Meadowvale Lane Woodburn, Oregon Terry Withers 182 S. Set.tlemier Ave. Woodburn, Oregon 2 WoodbUrn Chamber ~commerc~ 1312 Meridian Drive - P;O. Box i94 · Woodburn, OR 97071 * (503)'982:8221'. February 5, 1991 Mike Quinn City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Dear Mike~ On behai£ of the Chamber Board of Directors i would like to request that the City Council appoint three of its members~ in a non- official status, te work on a solution to a Business Registration, Business Regulation and Housing Ordinance. The Chamber wi!! also appoint three menfoers to work on this cooperative effort. We are confident that an agreement can be made on this issue. Cordially, ,lane Kan~ Execut-ive Director cc: Glennon JK/r! COUNCIL BILL NO. 1274 ORDINANCE NO. . . AN- oRDINANCE. AMENDING~ ORDINANCE 1.807 ..REGARDING. MANUFACTURED ' '-"HOUSING Rf~GU~TION~; AND"DE(~I~RI'NG'AN EMERGENCY~ '"'"":" '~' ?''" ~'"'~' "' '~'' ' .... WHEREAS, ~he"1989 legislature 'enacted ' new 'planning reqdirements'"'for manufactured housing; and WHEREAS, ORS 197.295 - 197.313 now mandate certain revisions in the City's manufactured home regulations; and WHEREAS, the Woodburn Planning Commission conducted a public hearing and approved the new regulations; and WHEREAS, the Woodburn City Council conducted a public hearing on January 28, 1991 approving said regulations; NOW THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: SECTION I. Ordinance 1807, Section 1.380 is amended to read as follows: Section 1,380, Manufactured Dwellinq means: a) Residential Trailer. A structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is being used for residential purposes and that was constructed before January 1, 1962. b) Mobile Home. A structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed between January 1, 1962 and June 15, 1976, and met the construction requirements of Oregon mobile home law in effect at the time of construction. c) Manufactured Home. A structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and was constructed in accordance with safety standards regulations in effect at the time of construction. Page I - COUNCIL BILL NO, 1274 ORDINANCE NO. Section II. Ordinance 1807, Section 19.010 is amended to read as follows: Section 19.010. Intent and Purpose: It is the intent and purpose of the provisions of this chapter: .. .-. !..~ .. :.. -:.... · '. a)..To Pe~nit.and encourage-the Jo.cation of~.single.~f~mily.manuf~ct~ed~dwe!!ingsin .... - .... .... -.. manufactured "d~eiling. Pares in "a : RU "District Witii' conditionS t©''insure .... compatibility with the surrounding..neig .hb0rh00d; b) To permit and encourage higher density manufactured dwelling parks as safe and healthful living areas in a RM District; c) To provide site plan review of manufactured dwelling parks to insure compliance with the intent and purpose of this chapter, the provisions herein contained, and protection of the public health, safety, and welfare, including that of the residents therein and the residents in.the surrounding neighborhood. Section II1. Ordinance 1807, Section 19.020 is amended to read as follows: Section 19.020. Definition. The following terms are defined for the purpose of this Chapter and do not apply otherwise to the Woodburn Zoning Ordinance: a) Manufactured Dwelling Park. Any place where four or more manufactured dwellings are located within 500 feet of one another on a lot, tract or parcel of land of not less than three acres under the same ownership, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee paid or to be paid for the rental or use of facilities or to offer space free in connection with securing the trade or patronage of such person. b) Park Street. A private way which affords principal means of access to abutting individual manufactured dwelling spaces and permanent park structures. c) Space. Any area or portion of a manufactured dwelling park, which is designated or used for occupancy by one manufactured dwelling. d) Stand. That portion of the manufactured dwelling space reserved for the location of the manufactured dwelling. Section IV. Ordinance 1807, Section 19.030 is amended to read-as follows: Section 19.030. Manufactured Dwelling Park Use Permit. No person shall establish, operate or occupy a manufactured dwelling park without first obtaining a manufactured home park use permit pursuant to this Chapter. No permit shall be required of any manufactured dwelling park established as lawful non-conforming uses subject to the provisions of Chapter 3 of the Woodburn Zoning Ordinance. Page 2 - COUNCIL BILL NO. 1274 ORDINANCE NO. Section V. Ordinance 1807, Section 19.040 is amended to read as follows: Section 19.040. Expansion or. Alteration .of Manufactured Dwelling.. Parks. · . -iExisting manufactured dwelling parks ma~ be expanded Or altered'after approval is :: obtained...from ..the.. Ptanning...Commission~ ': ~ The .-.applic,3ti.0n'. shall ~ b,'e~ .filedi' and.,. · ..; ...-..... -:'.'.-":i".". .... ":- .. procesSed as an application f~.r.a manufactured'dw&lii~g pai~k [~se pei:mit. ................. Section'vl' Ordinance. 1807, secti°n 19'.0~0 is'mended't° read as folloWS:' .... " Section 19. 070. Minimum Requirements. All newly developed manufactured dwellings parks and additions to existing manufactured dwellings parks are subject to the minimum standards and conditions set forth in this section. The Planning Commission may prescribe such additional conditions as the particular circumstances may require for the protection of the health, safety and welfare of the residents in the vicinity of the development consistent with the intent and provisions of this Ordinance: a) Density. The maximum density of a manufactured dwelling park shall not exceed ten manufactured dwellings per gross acre. b) Minimum. No manufactured dwelling space shall contain less than 3000 sq ft and the average of all the manufactured dwelling spaces shall contain less than 4000 sq ft and no driveway, play area, service area or other area required by this Ordinance shall be considered as providing any part of the required manufactured dwelling space. Space Coverage. No more than 40 percent of a manufactured dwelling space may be occupied by a manufactured dwelling and any other structures used in conjunction with such manufactured dwelling whether or not it is attached to the manufactured dwelling. d) On-site storage. The outdoor storage of furniture, tools, equipment, building materials or supplies belonging to the management of the park shall be screened. Screening shall be sight-obscuring and shall blend with the park environment. e) Street Names and Addresses. If the park streets are to be named and street addresses assigned to individual manufactured dwelling spaces, they will be named and numbered in accordance with the ordinances of the City. Fire hydrants. Each hydrant within the park shall be located on a public or park street and shall conform in design and capacity to the~-requirements of the Oregon Fire Rating Bureau. g) Street standards. Park streets shall conform to the following requirements: 1) Park streets shall be a minimum of 20 feet iR·:Width, curb to curb; provided that if parking is to be allowed on either side of the street the minimum width Page 3 - COUNCIL BILL NO. 1274 ORDINANCE NO. J) k) I) m) n) shall be increased by eight feet for each side of the street on which parking is to be allowed. Parking shall be parallel. 2) Streets shall be paved with cement or asphaltic adequately support traffic loads and provide adequate drainage, all as approved by the Director of Public Works. .. '- "' '"': " ' ' '" · ::"' · -. ,3).. :'Street .. curbs to .the .specifications ... of .the :...Public ..Works :. Director..shall' b.e :..'... ::...~...i ': :: provided. ecti' , pUb' way, Conn ~n t° " Iic ..... The ....... " ' "'*" ..... ' '='" park street system shall have direct connection to a public street. Parking. There shall be two automobile parking spaces for each manufactured dwelling space; parking spaces may be designated end-to-end, side-by-side, or provided off-street parking areas. Walks. Provisions shall be made for hard-surfaced, well drained walks, not less than 48 inches in width, from each manufactured dwelling space to the park buildings and to a public or park street. Ughting. Streets and walkways designated for the general use of the park residents shall be lighted during the hours of darkness. Such lighting shall not be under control of the manufactured dwelling occupant. Play areas. If the manufactured dwelling park accommodates children under 14 years of age, there shall be provided a separate play area restricted to that use. At least 100 square feet of play area shall be provided per manufactured dwelling space; provided, however, that no such play area, regardless of the number of manufactured dwelling spaces, shall be less than 2500 square feet. The play area shall be protected from all streets, driveways and parking areas by a fence, or equivalent, at least 30 inches in height. Fences. The Planning Commission may require that an ornamental fence, wall or hedge be established and maintained between the manufactured dwelling) and other land uses. Minimum width. No manufactured dwelling space shall be less than 30 feet in width at its driveway frontage. o) Patio. Each manufactured dwelling space shall have a slab or-patio of concrete, asphalt, flagstone or a similar substance not less than 20 feet in length and six feet in width adjacent to each mobile home parking site. p) Foundation. Manufactured dwellings and accessory building foundations shall be of sufficient strength to support the loads imposed by the manufactured dwelling, based on accepted engineering design standards as approved by the Building Inspector or the City Engineer. Page 4 - COUNCIL BILL NO. 1274 ORDINANCE NO. q) Addition to manufactured dwellings. Carports, cabanas, awnings and all other structures, whether defined herein or not which are situated upon a mobile home space, shall conform to the requirements of the City Building Code and Health Department Regulations. ·Such additions and structures shall be consider.ed .as a porti0n.of the manufactured dwelling for determining the eX~nt:of lot coverage, ..~ . ~ setba~ lines.and ~other-regulations fo.r..manufa, ctureddwellings in..!ike.mariner as "if SUCi~ additiOns and Sttu'~Ures were a pe~rt r) Sim, age sPaCe~, - A S{Orage s~pace 'having ari' ar~e~ Of at"ieast ~v~n~fl~e square feet shall be provided in an accessory building for every manufactured dwelling space. The building shall be structurally compatible and completed within 30 days following the placement of the manufactured dwelling. s) Other standards. Any other regulations required by the State Department of Commerce. section VII.' Ordinance 1807, Section '19;080 is amended to read as follows: Section 19.080. Standards for Manufactured Homes on in-fill Lots in Single Family Residential Zones. All manufactured homes on individual lots in the Single Family Residential Zones shall meet the following standards: a) Floor area. The manufactured home must be multi-sectional and enclose a floor area of not less than 1,200 sq ft. b) Width. The manufactured home must be at least 24 feet in width. Roof. The manufactured home must have a composition asphalt, fiberglass, shake or tile roof with a nominal pitch of 3 feet in height for each 12 feet in length. d) e) Garage. The manufactured home must have a garage with exterior materials matching the manufactured home. The garage shall be placed on the property prior to occupancy of the manufactured home. Exterior siding. The exterior siding of the manufactured home must have the same appearance as materials commonly used on residential dwellings. f) Masonry Perimeter. The manufactured home must have a continuous masonry perimeter. The home shall sit no more than 12 inches above grade and the perimeter shall consist of concrete block or concrete. g) Performance standards. The exterior thermal envelope must meet the standards specified by state law for single-family dwellings. h) Hauling mechanisms. The transportation mec~n'isms, including the wheels, axles and hitch, must be removed. Page 5 - COUNCIL BILL NO. 1274 ORDINANCE NO. Design features. All single-family units shall utilize at least two of the following design features to provide relief along the front of the home: 1) dormers; 2) recessed entries; 3) cupolas; 4) -bay windOws;. 5) ..gables; 6) COvered porch entries;..'. . ... 7)'pil!ars or.posts; 8)"~a~/es '(minimum 6"Projection); ' '" .' ~ -- : i ' :~. ":~ 9)'-';. 'off, sets on-building.Or:r0of{minimum,..:i6 inc~):i ~-~: .'..--~':':.-..'¥.-::.-'. ~.' '?:-~: .... i.-:.'.'" '. ::.-.,.:'.:. +-'-- ': .-'.:. · ...... · ..... -,Section VIII, .Section-l.9.090 of. Ordinance 1807,is repealed... '.. -..; .. -:..~ , .....· Section IX. Ordinance 1807 is amended to add a new subsection 22.010(i) which shall read as follows: Single Family Manufactured Homes as defined in Section 1.380.c and subject to the siting standards as defined in Section 19.080. Section X. These amendments and revisions, to this ordinance' are based upon the input received at the public hearings, the requirements of Oregon state' law, and the staff report labeled Exhibit "A" and by this reference incorporated herein. Section Xl. Emergency Clause: This ordinance being necessary for the immediate preservation of the public peace, health, and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Approved as to form: City Attorney Date APPROVED: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder A'I-rEST: cb1274 Mary Tennant, Deputy Recorder City of Woodburn, Oregon FRED W. KYSER, MAYOR Page 6 - COUNCIL BILL NO. 1274 ORDINANCE NO. STAFF REPORT ZONING ORDINANCE AMENDMENT #90-06 (Mobile Homes on Individual Lots) ¥~APPMCANT: "..:~.:CITY.:OF .wOoDBURN .:.:,: ;,:...: .'. ' . -.....-.,~. . · .' ....... ~..., . ,~..:..... ~.::,.. :... -.:....:.....: ..::. :'.: ,.:..'.:..:..-'... .......REQUEST: ~- TO.AM.END THE FOLLOWING CHAP'[.ERS.OF. THE WOODBURN ZONING . .. ORDINANCE: CHAPTER 1. DEFINITIONS CHAPTER 19. MOBILE HOME SITING STANDARDS CHAPTER 21. SINGLE FAMILY RESIDENTIAL DISTRICT PURPOSE: The purpose of the proposed amendments is to comply with the new state planning.. requirements that allow for manufactured housing on in-fill lots· in a (RS) single family residential zone. BACKGROUND INFORMATION: Enclosed you will find a few pages of the proposed amendments to the zoning ordinance which are the result of our joint effort to reconcile the state regulations and our local standards which we believe reflect the spirit of Woodburn and, at the same time, will conform to the state law. Page one of the attachment includes the following standards for manufactured homes on in-fill lots in Single Family Residential Zone: a) floor area d) garage g) performance standards b) width e) exterior siding h) hauling mechanism c) roof f) masonry perimeter i) design features Page two of the attachment includes a new definition of "manufactured dwelling" which we want to incorporate in Chapter 1. Definitions. The state law distinguishes three meanings of "manufactured dwelling": residential trailer, mobile home and manufactured home. The next four pages include the amendments to Chapter 19. Mobile Home Siting Standards. First, the title of the chapter was changed to comply with the new definition of "manufactured dwelling" and, consequently, the new title of this chapter reads: Chapter 19. Manufactured Dwelling Siting Standards. There are a few major changes in Chapter 19: first, the expression "mobile home" was substituted by manufactured dwelling; second, the following sections were removed: Section 19.080. Mobile Home Subdivisions and Section 19.090. Mobile Homes in Subdivisions. Finally, the last page (7) of the attachment includes the amendment to Chapter 22. Single Family Residential District. The proposed amendments allow....;Outright placement of manufactured homes in a Single Family Residential District as long as the siting standards are met. Exhibit A - Page 1 of 8 PROPOSED AMENDMENTS TO CHAPTER 19. MOBILE HOME SITING STANDARDS ( MANUFACTURED DWELLING SITING STANDARDS ) · · Manufactured.Home. Definition:, A'structure constructed for movement on the Pubic highways that ~ .:.. has s! ~eePing,. cooking and.p!~ing fac'-.~..fies,:,tl~:, t.is :intended ~r..hum.an.' o..c. ~up~.cy~ .:~_.a:t is.b..'cio., g..US..ed~: ' for residentiai purposes and Was Constructed in accordance w~th Safety standards regulations in effect at the time of constructio~ . . -. Section 19.080. Standards for Manufactured Homes on in-fill Lots in Single Family Residential Zones. All manufactured homes on individual lots in the Single Family Residential Zones shall meet the following standards: a. Floor area. The manufactured home must be multi-sectional and enclose a floor area of not less than 1,200 sq ft. b. Width. The manufactured home must be at least 24' feet in width. c. Roof. The manufactured home must have a composition asphalt, fiberglass, shake or tile roof with a nominal pitch of 3 feet in height for each 12 feet in length. Garage. The manufactured home must have a garage with exterior materials matching the manufactured home. The garage shall be placed on the property prior to occupancy of the manufactured home. e. Exterior siding. The exterior siding of the manufactured home must have the same appearance as materials commonly used on residential dwellings. f. Masonry perimeter. The manufactured home must have a continuous masonry perimeter. The home shall sit no more than 12 inches above grade and the perimeter shall consist of concrete block or concrete. g. Performance standards. The exterior thermal envelope must meet the standards specified by state law for single-family dwellings. h. Ha-llng m~hanisms. The transportation mechanisms, including the wheels, axles and hitch, must be removed. Design features. All single-family units shall utiliT, e at least two of the f°lI6wing design features to provide relief along the front of the home: 1) dormers; 2) recessed entries; 3) cupolas; 4) bay windows; 5) gables; 6) covered porch entries; 7) pillars or posts; 8) eaves (minimum 6" projection); 9) off-sets on building or roof (minimum 16 inches). Exhibit A - Page 2 of 8 /o/9 PROPOSF..DAMENDMF. N'~TOCHAPTER1. DEFINITIONS, .... .. sECriON1.380.. Mobile HOme. A'struetUre that is transportable in one' or more'SecUous highways; which may be built on a pennant, eat fo ~undation.wh~ fonne.c, ted ~o ~e. req .uir, ed. u,.ti!i.ti.'.,es~. and ~ designed for'use 'as. a' residence bUt which 'haS'n°t been dem°nstrated to contorm to me requirements of the building Code for other residences. It does not include vacation or travel wailers. to be ~mended ~s follows: CHAPTER 1. DEFINITIONS. SECr[ON 1. 380. M~mufactured Dwelling means: ~ Residential Trailer. 'A structum constructed for moV~n_~_ t on the public highways that has sleeping_, cookln?_ _nnd pl,mhlnE fa~qllties~ that is being used for residential purposes and that was constructed before Januarv 1. 1962. b. Mobile Home. A structure constructed for movement on the public highways that has sleeping. cooking n~nd plumbing fae~qiti__~, that is intended for haman occupancy, that is being used for r~=~i__'dentlnl purposes and that_ was congtrtl~ed betw~ Jan,tory 1, 1~2 and June 15. 1976. and met the construction requixv~ents of Oregon mob~e home law in effect at the time of constructiom c. Manufactured Home. A structure coustructed for mov~-ment on the public highways that has sl~-'~0inE: cooldn? and plumbing fa~'iifies, that is intended for human occupancy, that is ~ used for _resi_'dentlal pm~x~es and was constructed in accordance with safety standards regulations in effect at the time of constructiom Exhibit A - Page 3 of 8 CHAPTER 19. MOBILE HOME SITING STANDARDS. to be amended as follows: CHAPTER 19..MANUFACTURED DWELLING SITING STANDARDS SeCtion 1.9.010..-, --, .... .':" '- -':. :. ,.?..:':.',:-'::-':' ', .'. ">.::. '.~ ..-:.:' ~'.. . ., ....~:.. '~- ..'.., .... i ......... ': :.....~. :..:. a) To permi't and. encourage the .l~..,ati0n.of single family,mobile.homes ..(. to. be. ~plgced by. .. · manuf~ttred dwo_lllngs) in mobile home Parks ( to be replaced by manufactured dwellin~ parks) in a RM District with conditions to insure compatibility with the surrounding neighborhood; b) To permit and encourage higher density mobile home parks ( to be replaced by manufactured dwelling parks ) as safe and healthful living areas in a RM District; c) To provide site plan review of mobile parks ( to be replaced by manufactured dwelling parks ) to insure compliance with the intent and purpose of this chapter., the provisions herein contained, and protection of the pUblic health, safety, and welfare, including that of the residents therein and the residents in the surrounding neighborhood. Section 19.020. a)MOBO~ HOME PARK (to be replaced by MANUFA~F.r} DWF. IJJ~G PARK) Any place where four or more mobile homes ( manufactured dwellings) are located within 500 feet of one another on a lot, tract or parcel of land of not less than three acres under the same ownership, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee paid or to be paid for the rental or use of facilities or to offer space free in connection with securing the trade or patronage of such person. b) PARK STREET. A private way which affords principal means of access to abutting individual mobile home ( manufactured dwelling) spaces and permanent park structures. c) SPACE. Any area or portion of a mobile home (manufactured dwelling) park, which is designated or used for occupancy by one mobile home ( manufaetm-ed dwelling). d) STAND. That portion of the mobile home (manufactured dwelling) space reserved for the location of the mobile home (manufactured dwolllng). Exhibit A - Page 4 of 8 Section 19.030. Mobile Home (Manufactured Dwelllng) Park Use Permit. No person shall establish, operate or occupy a mobile home ( manufactured dwelling ) park without first obtaining a mobile home .(manufactured home ) park use permit pursuant to this ;.Chapter..No permit shalJ be required · ' Of any'mObile home (manufactured dwelling) park eStablished-aS lawfid non-confOrming:uses.subject'' ' ' ..:.: .to~the:pro~isions'.of:.Chap~er.3::o£. th~.Woo..~b'urn;'~g.Ordina~!ce, i... ..... , '~.-.:..~ '...'~: ...'-....:.. i...? .:..; .'...: .:-:::.- ?:..:':..: .~.. Secfi0n.19:040.. ~on Or .A!..temtion.of M..obfle Home (Man...uf?a~ .~cUaTed~....Dw..elling) Parks, :.~.tin. g .... mobile home (manufactured dwelling ) parks maybe expanded or altered after approval is obtained from the Planning Commission. The application shall be filed and processed as an application for a mobile home (manufactured dwelling_ ) park use permit. Section 19. 070. Minimum Requirements. All newly developed mobile home (manufactm'ed dwelling) parks and additions to existing mobile home (manufactured dwellings) parks are subject to the minimum standards and conditions sefforth in this section. The Planning Commission may prescribe such additional conditions as the particular circumstances may require for the protection of the health, safety and welfare of the residents in the vidnity of the development consistent with the intent and provisions of this Ordinance: a) DENSITY. The maximum density of a mobile home (manufactured dwelling) shall not exceed ten mobile homes (manufactured dwellings) per gross acre. b) MINIMUM AREA. No mobile home (manufactured dwelling) space shall contain less than 3000 sq ft and the average of all the mobile home (manufactured dwelli~ ) spaces shall contain less than 4000 sq ft and no driveway, play area, service area or other area required by this Ordinance shall be considered as providing any pan of the required mobile home (manufactured dwelling) space. c) SPACE COVERAGE. No more than 40 percent of a mobile home (manufactured dwelling ) space may be occupied by a mobile home (manufactured dwelling) and any other structures used in conjunction with such mobile home (manufactured dwelling) whether or not it is attached to the mobile home (manufactured dwo_lling) e) STREET NAMES AND ADDRESSES. If the park streets are to be named and street addresses assigned to individual mobile home (manufactured dwelling) spaces, they will be named and numbered in accordance with the ordinances of the City. (..3 i) PARKING. There shall be two automobile parking spaces for each mobile home (manufactured dwelling_) space; parking spaces may be designated end-to-end, slde-by-side,-or provided off-street parking areas Exhibit A - Page 5 of 8 4 /O,4 j) WALKS. Provisions shall be made for hard-surfaced, well drained walks, not less than 48 inches in width, from each mobile home (m_anufacttned dwelling) space to the park buildings and to a public or park street. · ~.:.~ .k) LIGHTENING,... Streets .and wal2x-w, a ..ys d~.igna~ed for. the general .use..'of '...the pv-ark residen~s~ shall b~.: ... '" 'lighted. d~g' ~e h°urs: ~f da~rkness'.' "suCh ligh"ting sh~l not be'under ¢3nfi-~i of'the m0bfle home· "' (manufactured dwelling ) occupant, . . . 1) PLAY AREAS. If the mobile home (manufactured dwelling ) park accommodates children under 14 years of age, there shall be provided a separate play area restricted to that use. At least 100 square feet of play area shall be provided per mobile home (manufactured dwelling_) space; provided, however, that no such play area, regardless of the number of mobile home (manufactured dwelling) spaces, shall be less than 2500 square feet. The play area shall be protected from all streets, driveways and parking areas by a fence, or equivalent, at least 30 inches in height. m) FENCES. The Planning CommissiOn may require that an ornamental fence, wall or hedge be established and maintained between the mobile home (manufactured dwelling) and other land uses. n) MINIMUM WIDTH. No mobile home space shall be less than 30 feet in width at its driveway frontage. o) PATIO. Each mobile home (manufactured dwelling_) shall be less than 30 feet in width at its driveway frontage p) to be deleted q) FOUNDATION. Mobile homes (manufactured dwellings_) and accessory building foundations shall be of sufficient strength to support the loads imposed by the mobile home (manufactured dwelling), based on accepted engineering design standards as approved by the Building Inspector or the C~ty Engineer. r) ADDITION TO MOBII.R HOMES (MANUFA~RI~ DWRH.INGS). Carports, cabanas, awnings and all other structures, whether defined herein or not which are situated upon a mobile home space, shall conform to the requirements of the City Building Code and Health Department Regulations. Such additions and structures shall be considered as a portion of the mobile home (mnnllfactured dwell;ng) for determining the extent of lot coverage, setback lines and other regulations for mobile homes (manufa~ dwellings_) in like manner as if such additions and structures were a part of such mobile home. s) STORAGE SPACE. A storage space having an area of at least seventy.five (75) square feet shall be provided in an accessory building for every mobile home (manufactured dwelling) space. The building shall be structurally compatible and completed within 30 days following the pla-cement of the mobile home (manufacun-ed dwelling). Exhibit A - Page 6 of 8 THE FOLLOWING SECTIONS FROM CHAPTER 19 TO BE REMOVED: Section 19.080. Mobile Home SubdiVis!'o .ns. ..: . . . .-- .. · . i. · .. Section 19.090~ 'Mobile Homes.in.SubdivisionS.· . - . · . .- ' "- · '~'-' :' ' "...: ' (': "", ' ' .::'.'"i.... '(": ':2 .'.i"~ '.. :",".:'"' -. ..... ' :. '5,"' ..i..,... :..:. : .. .., .: .'...:.....'.'.~-.'.:'......,..., · THE FOLLOWING. SECTION TO SE ADDED:: Section 1~.080. Standards for Manufactured Homes on in-fill Lots in Singte Family Residential Zones. Exhibit A - Page 7 of 8 6 PROPOSED AMENDMENTS TO CHAPER 22. SINGLE FAMILY RESIDENTIAL DISTRIC'r . Section 22.010~. Use. Within .an. RS: .Single .Fan~y ReSidential.District nO buil...ding,, structare,.-.o premises shall be used, arranged Or designed to be used, strUcturally altered, or enlarged except for one of the following uses: the following subsection shall be added to Section 22.010.: Section 22.010. i). Single Family Manufactured Homes as defined in Section 1.380.c) and subject to the siting standards as defined inSection 19.080. Exhibit A - Page 8 of 8 7 TO: FROM: City Council.thru Gity. Administrator .. Public Works Program Manager ~" SUBJECT: Special Transportation Fund Application DATE: February 19, 1991 RECOMMENDATION: Approve the resolution that states the City will make application for an operating assistance grant from Special Transportation Funds derived from State cigarette taxes. BACKGROUND: The Special Transportation Fund application package must be submitted by March 22, 1991. The City will receive $17,144 in operating assistance from this fund for the current year. The Salem Area Mass Transit District, who administers the fund for Marion County, anticipates that approximately 3% less dollars will be available this year due to a decrease in cigarette tax receipts. State regulations require that these funds be dedicated to financing and improving transportation programs and services for eldedy and disabled. For this reason the City will request funds specifically for the Dial-A-Ride program which meets the above criteria. With the slight decrease in monies available to disperse and indications that new providers will be requesting funds this year, there is a real possibility that the City will receive less than this years grant. Funds available under this program become available after July 1, 1991. COUNCIL BILL NO. / ~ '7~ RESOLUTION NO. A RESOLUTION TO AUTHORIZE THE SUBMITTAL OF A PROPOSAL TO THE SALEM AREA MASS TRANSIT DISTRICT FOR OPERATING ASSISTANCE FOR WOODBURN TRANSIT SYSTEM DIAL-A-RIDE SERVICE. 'WHEREAS, The C~y Of Woodburn,'provides demand/resPonse transportation services to elderly and disabled residents of the community thru its Dial-A-Ride service, and, WHEREAS, The City wishes to maintain and improve the current level of service provided to elderly and disabled residents by Dial-a-Ride, and, WHEREAS, The City requires financial assistance to maintain and improve this service, and, WHEREAS, The State of Oregon has a Special Transportation Fund administered by the Salem Area Mass Transit District derived from cigarette taxes for the purpose of financing and improving transportation programs and services for elderly and disabled residents of the state, and, WHEREAS, Receipt of Special Transportation Funds does not require the City to expend any matching funds, NOW THEREFORE: THE CITY OF WOODBURN RESOLVES AS FOLLOWS: To apply for operating assistance grant for the City of Woodburn Dial-A-Ride service from the Oregon State Department of Transportation, Public Transit Division, Special Transportation Fund administered by the Salem Area Mass Transit District. ,:..,.. ......::~ .... .' . .. .' .; .~ .... - ,......: ..'~. :'; ., .': ..........':. :..? ...~'. : · .. :,. ".' .',:;'. -. . ~. ....... , ,'. -. .....~';.'. City Attorney Dat~ Approved: Fred Kyser, Mayor Passed by the Council: Submitted to the Mayor: Approved by the Mayor: Filed in the office of the Recorder: AFl-EST: MARY TENNANT, DEPUTY RECORDER City of Woodburn, Oregon MEMO ' .TO: ' ' City.Council through the City Administrator ' FROM: Public Works Director SUBJECT: Contract Approval for Design of Pump Station and Force Main to serve West Woodburn DATE: February 21, 1991 Recommendation: Approve attaChed resolution that authorizes CH2M Hill engineers to design a pump station and force main to serve west Woodbum. Background: This project is part of the Economic Development Department's grant/loan program. Design work needs to be started soon so that construction could be completed by November 15, 1991. It should be noted the staff has delayed some action on this issue because the planning work that will f'rx the location of the new treatment facility is still in the initial stage. However, the problems with the lift stations and development of properties require us to start the design work immediately. Obviously the facilities planning work will run parallel. The cost of design work, including preparation of the specification and contract document, is estimated to be $30,950. CH2M Hill is currently performing the City's wastewater facilities planning work and they are quite familiar with the City's sewerage system. Therefore, professional services of CH2M Hill has been recommended. FTflg Engineers Planners Economists RECEIVED FEB 0 8 1991- Portland Office y · 'FebrUa:~ "6',-1991. : .... - -': .... · .... "'- ...... ' ':~' .... "' ~ .......... · ..... ........ ~ PDX40.72 Mr. Frank Tiwari Director of Public Works City of Woodburn 270 Montgomery Street -Woodburn, OR 97071 '.. .- Subject: West Woodburn Industrial Park Sewerage System Dear Mr. Tiwari, Following our recent discussions we have prepared estimates of the engineering services needed to design the new industrial area sewage pump station and force main. I understand that the City has already completed the site surveying and soils testing for the pump station site, the boring under I-5 and has the easement for the force main from the pump station to the terminus of West Hayes Street. Based on our current understanding of the project, the estimate for engineering services is: * Pump station - $17,000 * Force main - 10,000 * Surveying - 3,950 This work will produce preliminary and final designs for the pump station and force main, route surveying for the force main, an engineering estimate of construction costs, technical specifications for the pump station and force main and any special specification required for bidding. Please call me i~,~ you have questions regarding this estimate. 1] ' , e .i, ? / ..... c Daria Wightman Tom Nelson Serving Oregon and Southwest Washington from two locations: CH2M HILL Portland Office 2020 S.W. Fourth Avenue. 2nd Floor, Portland, OR 9720~ 503.224.9~90 Corvaflis Office 2300 N.W. Walnut Blvd, P.O. Box 428, Corvallis, OR 97339 503.752.4271 COUNCIL BILL NO. / 2 '7'? RESOLUTION. NO. A RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A CONTRACT WITH CH2M HILL . FOR PROFESSIONAL SERVICES. WHEREAS, the City of Woodburn has received a loan and grant to construct a force main and pump station that will be able to replace the Woodland Avenue pump station and accommodate some growth; and WHEREAS, the City has entered into an agreement with Hardware Wholesalers, Inc. to accommodate sewage from their facility; and WHEREAS, design Work needs to be sta~ed for 'timely completion Of' the'pumping facility; and WHEREAS, CH2M Hill consultants are on contract for performing facilities planning work and are willing to perform this design work using the same hourly rate; NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: SECTION 1. The City shall enter into an agreement with CH2M Hill for the design and preparation of the contract document with CH2M Hill in the amount of $30,950.00. SECTION 2. The City Administrator is hereby authorized to sign the agreement. Approved as to form: City Attorney Date Approved: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Page I- Mary Tennant, Deputy Recorder City of Woodburn, Oregon COUNCIL BILL NO. ] ~ '7j2 RESOLUTION NO. Fred W. Kyser, Mayor /oD MEMO FROM: . MICHAEL QUlNN, CITY ADMINISTRATOR DATE: FEBRUARY 22, 1991 SUBJECT: CITY A'I"rORNEY CONTRACT With .the. pr.ofessi0nai .c.areer change of .Bob Shields to private'practice, an interim contract. for City Attorney services was' authorized per 'Resolution :1036 o~ january 28; i 99i'. 'The purpose behind this contract was to continue services long enough to get the City through the upcoming budget impacts and redefine our revised job duties if the prosecution functions were transferred to State District Court in Salem. Upon further reflection I approached Bob with a proposal that he consider a longer-term contractual commitment if it worked into his professional plans. My interest is that (1) we could retain his professional expertise and community familiarity, (2) we would maintain stability during a period of court service transition with District Court, and (3) we may be able to maintain adequate service for the same or less budget. Bob's proposal response allows 24 billable hours at a $45/hour rate which maintains reasonable accessibility by staff for non-prosecution business. It may be a little difficult at first, but I believe once the courts have been transitioned we will find the arrangement quite workable. MQ/kv COUNCIL BILL NO. 1279 RESOLUTION NO. A RESOLUTION AUTHORIZING A CONTRACTUAL.SERVICES AGREEMENT WITH ...: N. ROBERT SHIELDS AS CITY ATTORNEY'AND REPEALING RESOLUTION 1036. · ;~ ~"~ ~.'. ~:-i~. ~' i.~ ~"'. ~?"~ ?!~?.~:"'.?' ~ii"?~?'~ '?'-'~.i!'i~ ~..i-~-ii~:. ?'i ?~i:!:!?~!. i?~.?-~i: ~'.-~i.~'.--.!::' .~ ~i! i'i-.-..~..~!:~.~ ~.i~ ~.:-~.-.~:..~'!i~..~.. :.~.~:.:.~.~; .~:. '. WHEREAS, Chapter III, Section 10 of the City Charter provides for the CounCil · ~- ~ appointment..of.a City,Attorney as.an~officer.of-.the City, .and;~..~. ......... ~,...... ,- ...... . .........~. ~... ..... ._~ ,. WHEREAS, N. Robert Shields has held the position of City Attorney as a regular employee and currently is on an interim agreement authorized per Resolution 1036; and WHEREAS, the interest of the City is best served by contractual appoint of City Attorney services for an extended term; and WHEREAS; N.. Robert Shields. iS-imminently qualified and fami!iarwith the city's. operations and pending litigation to provide this continuation of City Attorney services in the most effective manner; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the Mayor and City Administrator are authorized to execute a professional services agreement for City Attorney, a copy of which is attached hereto for reference. Section 2. That N. Robert Shields be reaffirmed in his appointment as City Attorney with all powers and duties prescribed in Section 24 of the City Charter and any other requirements prescribed by laws of the State of Oregon effective April 1, 1991. Section 3. That Resolution 1036 be repealed effective April 1, 1991. Approved as to form: City Attorney Date APPROVED: FRED W. KYSER, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page 1 COUNCIL BILL NO. 1279 RESOLUTION NO. AGREEMENT · This agreement made and entered into between the CITY OF WOODBURN, a :':' ' muniCiPal C~rp°~;ati(sh· Of the 'State ~' Of"oregohl h~'reinaffe~'~ '~c~,""and.`. N~"' ROBERT' SHIELDS, an attorney licensed to practice law in the State of Oregon, hereinafter "CONTRACTOR." II. TERM The Agreement shall commence on April 1, 1991 and shall continue in full force and effect until June .30, 1992. This Agreement may .then be renewed by.mutual agreement of the parties fOr one-year periods. ' .... III. PROFESSIONAL SERVICES TO BE PERFORMED CONTRACTOR shall act as City Attorney and shall assume all powers and duties of this position under CITY's Charter. IV. COMPENSATION CONTRACTOR shall receive compensation for providing legal services at a rate of forty-five dollars ($45.00) per billable hour. The amount of legal services provided shall not exceed twenty-four (24) billable hours per week without additional authorization by CITY. CONTRACTOR shall within ten (10) days following the close of the month for which payment is sought, submit to CITY a written statement accounting for legal services rendered and detailing the number of hours worked in one-quarter hour increments. V. OVERHEAD CITY will provide all necessary secretarial support and related overhead expenses to enable CONTRACTOR to render legal services to CITY. While on C.I'[Y'S premises, CITY shall provide a telephone and office space to CONTRACTOR. Page I - AGREEMENT VI. COSTS AND DISBURSEMENTS "legal'~services' pr~vided:":'Any filing' f6eS'; cOst~s,':Or exPenSes ~)f litigatibti'Shali' b~' paid' b~;.: :'- .... ' "':''::'''' :' VII. TERMINATION CITY retains the right to discharge CONTRACTOR if in the opinion of the City Council the manner of his performance falls below what would reasonably be expected of a licensed attorney. CITY also retains the right to discharge CONTRACTOR if sufficient funds are.not available to.pay CONTRACTOR . andthis n0mappropriation of funds did 'n°t resUlt` from any act or failure to act on the part CITY.: VIII. INDEPENDENT CONTRACTOR The parties intend that independent contractor - employer relationship be created by this contract. CITY is interested only in the results to be achieved and the control of the work lies solely with CONTRACTOR. CONTRACTOR is not entitled to any benefits which CITY provides to its employees. IX. ASSIGNMENT The rights and duties of the parties hereunder are personal and shall not be assignable by either party without the express written consent of the other party. X. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the parties and supersedes all prior agreements between the parties concerning the services provided herein. This agreement may be modified only by a written instrument duly executed by each of the parties. Page 2 - AGREEMENT XI. .ESCAPE NOTICES .- ,'-;.~ ~...':-. ~ ~: ?.,.;: .: ~,: AnY n.. otice;'~recluest~dem..and or~:0ther ::~mm .unic~..t,.ion.:'h~reund.. er ~sball.-.be .in ~iting ~,:.- and Shall b~'deemed to 'have ~en'pi;0perly'given''when deliVe'red"i~ers0n~allY"or' s~nt' bY-' ".':~" "' '" '" :" mail.with ~a!! postage prepaid, ,tO the parties hereto, at the respe~ive address_below: Michael Quinn City Administrator 270 Montgomery Street Woodburn, Oregon 97071 N. Robert Shields Attorney at Law 8107 S.W. Nyberg Rd., No. 212 Tualatin, Oregon IN WITNESS WHEREOF, the parties have executed this agreement in duplicate, on the day of February, 1991. CONTRACTOR: CITY OF WOODBURN: N. Robert Shields Michael Quinn City Administrator Fred W. Kyser, Mayor Page 3 - AGREEMENT I0£ MEMO TO: MAYOR AND ClTY 'CouNCIL" FROM: ........ MICHAEL QUINN; "CITY ADMINISTRATOR~ ........... ' .......... ' ' DATE: FEBRUARY 22, 1991 SUBJECT: TRANSPIRATOR AGREEMENT The. attached agreement 'Was a Subject.of a COuncil Workshop on February 4th concerning the co-invention of a transpirator and its's eventual testing at our wastewater treatment facility. Because of this involvement, the City is a minor participant in the ownership rights to any royalties that might materialize from any future patent and has the right to utilize the technology if feasible. Since Frank Tiwad has a financial interest in the outcome of this project he is deemed to have a"potential conflict of interest." Therefore, I have administratively directed that Frank refer all decisions necessary for development of this project involving City operations or assets to my direction. Legal counsel advises this as necessary to protect Frank as well as the City's objectivity. The attached agreement addresses the co-invention rights concerning future patentability and the right of usage of the transpirator. RECOMMENDATION: Approval of resolution. I0£. COUNCIL BILL NO. 1280 RESOLUTION NO. "' : . · .' ~' . .'.." ':' :. '-'.' ~' ~'.'i"' ;' .'i": 'i" '.' . '.:'.i '." ' ' .... ".; ~" .... A RESOLUTION.. ENTERING. INTO A.. CO,INVENTOR. AGREEMENT.. WITH DEAN MORRISON AND FRANK TIWARI AND AUTHORIZING THE MAYOR AND DEPUTY CITY RECORDER TO SIGN SAID AGREEMENT. WHEREAS, the City Council conducted a workshop on February 4, 1991 addressing the development of a transpirator, an apparatus for waste water purification, and .. WHEREAS~ the. Council. finds that said.'transpirator was developed by . Dean 'Morrison and Frank T'~Vad as a private project with their own funds and resources, and WHEREAS, a prototype of said transpirator was tested at the City's wastewater treatment facility, and WHEREAS, the Council further finds that Dean Morrison and Frank T'~vari invented the transpirator, have borne the expenses of developing the prototype of the invention, have borne the legal costs for conducting a patentable novelty search for the invention and are bearing the cost of patenting the invention and all related legal expenses, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodbum enter into an agreement with Dean Morrison and Frank Tiwari regarding the patent application and license to use said transpirator. Said agreement is attached hereto, and by this reference, incorporated herein. Section 2. That the Mayor and Deputy City Recorder be authorized to sign said agreement on behalf of the City. Approved as to form: City Attorney Date APPROVED: - ~:. FRED W. KYSER, MAYOR Page I - COUNCIL BILL NO. 1280 RESOLUTION NO. AGREEMENT · ..........':~..'...~ .-..,..., · -... This. Agreement is made and.enteredJntO 'as of. ,. '-~:........ ,. ,.-..':.-: ..:,.',.'~:.' '. :.~.~199~'..:by.* .. ?-!....... i' ' 'and among D~NMORRjSoN (.M0rris0n~'~ a~d FRANKTiWARI ('q'~rari") (collectiVely the "Co~.lnventors'% and the CITY OF WOODBURN, OREGON (,~Noodburn'% RECITALS A. The Co-Inventors have together, and with varying degrees of contributions, conceived and reduced to practice a method and apparatus for a waste water purification system (the "Invention"). . · B. - The Co-Inventors are. employed by Woodbum, and. the prototype of the Invention was tested dUring the coUrse of their'employment by 'Woodbu'rn~' * C. The Co-Inventors had the primary role in conceiving of and reducing to practice the Invention, have borne the expenses of developing the prototype of the Invention, have borne the legal costs for conducting a patentable novelty search for the Invention and are bearing the cost of patenting the Invention and related legal expenses, as set forth below. D. To formalize the respective rights of the Co-Inventors and Woodburn and to recognize their unequal contributions to the development of the Invention and the cost of patenting the Invention, and in order to avoid any dispute over their respective rights and responsibilities relating to the development of the Invention to the patent application process, and to any patent that might issue, the Co-Inventors and Woodburn wish to enter into this Agreement. THEREFORE, in consideration of the covenants, terms and conditions set forth herein, the undersigned agree: The above recitals are contractual and not merely recitals, and are incorporated by this reference. 1. Ownership Interest. 1.1 Respective Interests. The Co-Inventors and Woodbum acknowledge and agree that the ownership rights of the parties in and to the Invention are as follows: Morrison 55% Tiwari 35% Woodburn 10% Page I - AGREEMENT 2. License Ri.qhts. 2.1 License to Woodburn. Woodburn has the right to use the Invention .~--...:..... ~....?ona..!;oyalty.-free;inonexCluS~e~.:basis. fqr..~the.~uratiop.:.~f anY. patent..which may issue*on the Invention~'' ' '~" ........ ' ' ' .......... ;:~? '''~'? 2.2 LiCenSe to Empl(~yer," 'Each ~Coqnventor shall have the personal right, nontransferable either by inheritance or conveyance, to enter into agreements to license the Invention to the entity by whom such party is employed on a full-time basis ("License to Employer''), provided that no party may enter into any such agreement at any time within twelve (12) months of that party having entered into a prior such agreement. Such licenses shall: .2.2.1 Be to use the Invention on.a royalty-free, noneXclusive, basis. 2.2.2 Be nontransferable by the licensee. 2.2.3 Contain reasonable protections of the proprietary rights of the Co-inventors. 2.2.4 Be for such duration as shall be determined between the licensor and the licensee, subject to the approval of the other Co-Inventors. 2.2.5 Contain a right of immediate termination by any Co-Inventor If the Co-Inventor reasonably determines that such license violates the terms of this Section 2.2. The Co-Inventors shall each have the right to grant such licenses to their employers and are hereby given express authority on behalf of all Co-Inventors and Woodburn to grant such licenses, as set forth above. 2.3 Ricjhts of Co-Inventors to Grant Licenses to Others. In addition to the Ucense to Employer set forth in Section 2.2, the Co-Inventors may jointly grant nonexcluslve liCenses to use the Invention to parties other than their employers and on such terms and conditions as the Co-Inventors shall from time to time agree upon in their joint discretion, including the right to grant liCenses for nominal consideration. The Co- Inventors shall have the right to grant such licenses and are hereby given express authority on behalf of Woodbum to grant such licenses. Royalties on any such licenses shall be negotiated by the Co-Inventors and shall be divided among the Co-Inventors and Woodburn in accordance with their respective ownership interests asset forth in Section 1. Page 2 - AGREEMENT 2.4 Infringement. The Co-Inventors shall have the full responsibility to protect any patent issuing on the Invention from infringement by others and agree to prosecute infringers whenever, in their opinion, it appears reasonably necessary to do so. · , - , :. ~ .... ~. .. .' .~ -..:~ · ..~:.. , .... ~ ::.~ .. .., .: . ... . . ,: ~ ,.'.; '~t~'' ... ;. ~ .,' .. :~ ... ...... ' /~isliC~i~)h~ ~ ~:l~v~n~6r~'''~h~ii:'l~ave ~th'e'resp°nsib~i~': 't~ir~ / ' ::' ~' costs and expense, including attorney fees, for pursuing and maintaining patent 'Protection on the InVenti°n a~d shall 'haVe'c0ntr°l °ver"the Pr°~ecuti0n ~f''the·~3atent '~ ...... application, and Woodburn hereby agrees to sign such papers and render such assistanceas necessary to obtain patents on the invention. 4. No Other Authority Granted. No party to this Agreement is given any authority to license or to take any other action with respect to the Invention except as is set forth herein. 5. Indemnification; If any party to this Agreement imprOperly Or 'unlaWfUlly licenses, uses or misuses the Invention, that party shall indemnify defend and hold harmless the other parties to this Agreement from any suit, action, claim, cost, unauthorized, unlawful or improper licensing, use or misuse of the Invention by that party. 6. Attorney Fees. In the event of any dispute between the parties to this Agreement, the prevailing party or parties shall be entitled, whether or not any action or arbitration is instituted, to recover from the nonprevailing party or parties reasonable costs, disbursements and attorneys fees, including without limitation at trial, on appeal, on denial of any petition for review, and in connection with enforcement of any judgment. 7. Assignment. The Co-Inventors may jointly assign some or all of their interests hereunder to other parties having interests in the Invention, and such other parties may have such rights with respect to the Invention as shall be granted by the Co- Inventors. Except as set forth herein, no Co-Inventor nor Woodburn shall transfer, sell or assign (whether by way of assignment, sublicense or operation of law) any right, obligation or interest under this Agreement without first obtaining the written consent of all other parties hereto. 8. Final Agreement; Modification; Savings Clause. This Agreement is the final and entire agreement of the parties with respect to the subject matter and supersedes all prior of contemporaneous oral or written communications or agreements between the parties, it shall not be modified in any way except in writing signed by tEe.parties, ff any provision of this Agreement shall become less than fully operative, the remaining portion thereof and all other provisions of this Agreement shall, nevertheless, remain in full force and effect. -: 9. Legal Counsel. This Agreement has been prepared by Weiss, Jensen, Ellis & Botteri, P.C., in its capacity as legal counsel to Dean Morrison. All other parties hereby acknowledge that they have not been represented by Weiss; Jensen, Ellis & Botteri, P.C. Page 3 - AGREEMENT in this transaction, and that they have been advised to seek their own counsel in connection with this Agreement. ·: ;.:...!-.. :;...~:-: ........ :..'..~?'-.IN .WITNESS.WH .F_P, EQF~pa~.ies;13ereto .haye.ex~cuted,:~r caqsed..t0~be..exec .uteri.-.:.....: :....... by their dUly aUthorized rePresentatiVe, this· Agreement 'as of the date first hereinabove written. Dean Morrison Frank Tiwari cITY OF wOODBuRN, OREGON By: Title: Mayor By: T~tle: Deputy City Recorder Legal/WWT.AGM Page 4 - AGREEMENT /0/-- MEMO FROM: MICHAEL QUINN, CITY ADMINISTRATOR DATE: FEBRUARY 21, 1991 SUBJECT: BUSINESS REGISTRATION · In accordance with comments from the Council on January 28th. and..their respective comments during this.interim period regarding the Business Registration Ordinance, I' have redrafted the ordinance for submittal with the following adjustments: 1. Purpose - This section was expanded to clar'~y the use of the ordinance to assist in nuisance abatement as an informational resource. This ordinance along with proposals for revisions to peddlers, 'transient businesses, housing code standards, and other related concerns should give the city a comprehensive ability to identify, monitor, and enforce related regulations. 2. Definitions - This section was modified to clarify the definition of contractors as being state registered, expanding the maximum daily allowance for garage sales, and redefining residential rental units. 3. Exemptions - This section had the most adjustments such as: (a) expanding part-time business to $2,500 and being indifferent to age. It was also noted that you couldn't get around the number of garage sales by claiming it was under $2,500. (b) Clarifying the exemption for special events as city-endorsed so that, for example, the Mexican Fiesta would qualify but a trade show for profit would not. (c) Home occupations were added as a qualifying exemption since they would be difficult to monitor and are more residential in character than business-oriented in the neighborhood. 4, Registration - The rental of one or more residential units is subject to registration rather than the two proposed in the last revision. .. 5. Fee - The fee was altered in the first year from $50 to $35 with the standard renewal at $25 intact. (A personal note, I removed the $10/unit rental:fee proposed in the original version and did not receive any special comments on this frOm the Council. If you feel it fair to charge as a separate business location, I have the original language available for amendment.) .... 61 'use of Revenue '. This is'' a new section added t° dedicate {his'reve~iue'' tO code enforcement. The costs of administering will be fairly light but there will be printing of forms and certificates, postage, accounting and computer work, for example. The majority of the money will support code enforcement and go a long way in restoring the half-time position cut in the revised budget if so desired. 7. Effective Date - This was moved back a month to Apdl. rm sure there will be some interesting comments on establishing.a new business .fee effective on Apdl Fool's Day. COUNCIL BILL NO. 1281 ORDINANCE NO. CITY OF WOODBUFIN; .. ESTABUS. H!N.G .. A R. EG!$T.FIA...TI.ON~ P-ROC. ES$~.: AND ... ....... ........... PROVIDING A PE~IALTY FOR VIOLATION THEREOF. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. PURPOSE. This ordinance is enacted, except as otherwise specified, to assist law enforcement and nuisance abatement regulations, to recoup the necessary expenses required to undertake the administration and enforcement of this ordinance, to . provide revenue for municipal purposes, .and to provide for the health, safety and welfare of the citizens of Woodburn through the registration of business.' The payment of a' registration fee required hereunder and the acceptance of such fee and issuance of a business registration certificate by the city shall not entitle the registrant to carry on any business not in compliance with all the requirements of City ordinances and all other applicable laws. Section 2. DEFINITIONS. For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have meaning given herein unless the context requires otherwise: A. "Business" means all kinds of vocations, occupations, professions, enterprises, establishments, and all kinds of activities and matters, together with all devices, machines, vehicles and appurtenances used therein, any of which are conducted for private profit, or benefit, either directly or indirectly, on any premises in the City. This definition includes, but is not limited to, any transaction involving the rental of property, the manufacture or sale of goods, or the sale or rendering of services other than as an employee. B. "The City" means the City of Woodburn, Oregon. C. "City Council" means the City Council of the City of Woodbum, Oregon. D. "Contractor" means any person registered under ORS 701.055 or who undertakes to or offers to undertake for a consideration to furnish labor and/or material necessary or required to construct, reconstruct, alter, repair, or add to any building, bridge, ditch, flume, reservoir, well, fence, street, sidewalk, machinery and all other structures and superstructures. Page 1- COUNCIL BILL NO. ORDINANCE NO. }OF 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. at a private r~idence where, pemona! property is. s01d, 0r.au .cti'on...ecl.to others, p.r.0videcl the number of sale days at a particular residence does not exceed three (3) 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. I. "Residential Rental UnE' means a dwelling containing one or more separate living quarters, one or more of which is rented, leased, or let in exchange for full or partial monetary compensation. Section 3. EXEMPTIONS. A. Nothing in this ordinance shall be construed to apply to any person transacting or carrying on any business within 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 transient occupancy-tax under City ordinances is exempt from the requirements of this ordinance. D. Persons whose sole business activity is making deliveries or taking orders from duly registered businesses within the City are exempt from this ordinance. Page 2- COUNCIL BILL NO. ORDINANCE NO. IOF E. Persons whose gross receipts from business conducted both within and without of the City amount to less than $2,500 per calendar year; provided that any such person ·shall upon demand by the City provide proof verifying said compliance amount ........ 0:f'the e~emPfi0n fo~:' garage Sales as defined in this Ordinance:· ' ' ........ F; The operation of.a .bUsineSs' disPiW 'or SaleS'Space 'at' any Special event. '"' with a duration of three days or less shall not be required to register under this ordinance. A special event is deemed to be a City-endorsed activity for the benefit of the community. 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, or conduct fund-raising events to be used solely for the purpose for which the organization was created, and from which no third party receives a profit. I. A builder who is registered under ORS 701.055 and is employed as a subcontractor working for a contractor possessing a valid business registration issued by the City of Woodburn. 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. L. Home Occupations as defined in Section 1.270 of Ordinance 1807 known as the City of Woodburn Zoning Ordinance. 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 Woodburn, unless otherwise specified. 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, Page 3 - COUNCIL BILL NO. ORDINANCE NO. 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:busirl .ess. ;.in;:mo..re::t~an~one iaca.. ~...n.,,.~.r...~[n. more ~,an..'.. ~'...,.'.--:-:....?. '..:-: .... ' one i~usi'ne~s "registered Under ~i~'Ordinanc~'at the same lOcatiOn; shall make a ~epar'~te app!ication fo[.each bus!ness or Iocati. on,.provided however, that only..one regi.stration ,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 !n 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 one or more residential rental units 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. (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 dei~necl under O1~ 4~:~.~0~. (6) The name, address, and business phone number of the proprietor if different than that of the applicant. -.- Page 4- (7) Number of employees. (8) Ocoupational lieonse identification if required by the State of Oregon COUNCIL BILL NO. ORDINANCE NO. B. The City Administrator or his/her designee may require the applicant to supply any additional information necessary for administrative purposes. ' '" - 'fiiing 'of' the Applicati0n 'fo'r ~i 'new' bU~ine~' 'r6gistrati0n ce~ifibat6,: or u'pc~h"the"aAndat. ............ ' · .., renewal thereof on .the. one year .anniversary.date of the 0r, iginal appli..ca.tion, 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 thirty-five dollars ($35.00) per year for the initial or new business registration. B. The annual renewal business reg!stration fee required by the. ordinance, shall be tWenty-fiVe dollars ($2.5.00) per year. Section 7. USE OF REVENUE. The net revenue derived after deducting the costs of administering and accounting for business registration shall be dedicated to support the activities of Code Enforcement. Section 8. 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 fee this fee to be ten dollars (SI0.00). 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 9. REVOCATION OF REGISTRATION. The City Administrator, upon determining that a business activity, establishment or device is violating this ordinance, 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 10. SUSPENSION OF REGISTRATION. Upon determining that a business activity or device presents an immediate danger to person or property, the City Page 5 - COUNCIL BILL NO. ORDINANCE NO. IOF Administrator may suspend the business for the activity 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 :t, hat.i.s, being"S..',..us..Pend...ed.~.i~..'l'he: .n.o~ ~S. ~.13aj. I:..be....~ailed~t~q.,the~. ~ne.ss....ao'...d.:lS..tat. e '+~i...e. ~.eaSO.,..n i i..:.:.~: .. :.. :.. ii ..~.::.~ fOr the SuSpension' and inform the buSiness of the provi~i(~ns 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 11. 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 within 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 by courts of law do not apply, and the decision of the City Council after the hearing is final. Section 12. 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 13. DISCLAIMERS AND EXEMPTIONS. A. 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. Page 6- COUNCIL BILLNO. ORDINANCE NO. /OF · . ,. · the fee required' and having made application for a.businesS:registration shall be entitled ....- '.....to anY:rofund!i. -.'.-'..'.. '..:...' :" '-- .' · B. Nothing herein contained shall be taken or construed as vesting any right in a.nyregistra~tion as a contr.act obligation on the part. of the City...NO person having paid.': ~ . .,... ~ C. None of the fees or registration requirements provided for in this ordinance shall be required if the applicant is a municipality. Section 14. VIOLATION - PENALTY. A. A violation of any provision of this ordinance constitutes a Class 2 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. A 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. Section 15. DELINQUENCY CHARGE. The fee 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 original 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 16. 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 17. EFFECTIVE DATE. This ordinance shall be in full force and effect on April 1, 1991. Approved as to form: City Attorney Date APPROVED: .:. FRED W. KYSER, MAYOR Page 7 - COUNCIL BILL NO. ORDINANCE NO. 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. MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager ~ Bid Award for Modified Van for Dial-A-Ride Service February 19, 1991 RECOMMENDATION: Accept the Iow bid from Western Bus Sales, Inc. of $33,585 for a modified van which will carry 10 passengers and one wheelchair. NOTE: A state grant will pay $27,900 of purchase price. The remainder, $5,685, is in the approved budget under line item 10-120-71155. BACKGROUND: Bids were opened at 2:00 p.m. on February 15, 1991 for City bid #91-06 for a modified van. Bid results were: Bidder Make Price Western Bus Sales, Inc. Intermountain Coach, Inc. Collins/Ford EMC/Ford $33,585.00 34,086.00 This vehicle will replace the van currently used to provide Dial-A-Ride local shopping and medical trips. Collins is a leader in the conversion of vans for paratransit use. The vehicle has a raised roof, wheelchair lift and bus style entry door. It will replace the current van that is leased from Tri-Met, has more than 232,000 miles, and is in poor mechanical condition. January 29, 1991 (Sent to 185 property owners and occupants adjacent or close to the proposed project.) Pacific Highway - Park Avenue (Woodburn) Project Hillsboro - Silverton Highway (OR 214) Marion County DEPARTMENT OF TRANSPORTATION Highway Division Environmental Section FILE CODE: The Oregon State Highway Division, in cooperation with the City of Woodburn, is proposing to improve a segment of the Hillsboro - Silverton Highway (OR 214) in the western part of Woodburn. The attached background sheet locates and briefly describes the proposed project. A preliminary design for the proposed project has been developed. Based on that preliminary design, an Environmental Assessment study will be developed over the next year. The primary purpose of the Environmental Assessment is to evaluate the potential social, economic and other environmental iurpacts that could result from this project. Traffic noise studies, business, right-of-way, and wetland impacts near Mill Creek are typical areas that will be evaluated Concerning this project. In that regard, you maybe contacted by or see people working in the project area. The firm of CH2M Hill, working under contract for the Highway Division, will be doing the environmental study portion of the project. One of the major impacts resulting from most highway projects, particularly projects like this one, is the need for additional.right-of-way to accommodate the roadway expansion. Based.on our review of the Marion County tax listings, you own or rent property adjacent to or close to the proposed project. While we do not yet know how specific properties may be impacted, we wanted to alert you to the project so that you can be aware of it and ensure that any concerns you have can be addressed..As the environmental study process progresses, meetings will be conducted to provide additional information to interested citizens and agencies and hear your comments. The times and dates for these meetings will be publlcized, and you will receive a meeting notice. We expect that'the first meeting will be around July 1991. We recognize that some landowners along the project do not live in the local area and that they and others may be unable to attend the information meetings. When we mall you a'notice of the information meetings, we will include a brief information shier on the project. We will also include a comment/question sheet that you can mail back to us. 324 Capitol Street NE Salem, OR 97310 (.503) 378-8486 FAX373-7376 ~,a rp 734-22.'t9111-'al} January 25, 1991 Page Two We want to encourage public participation in this development process, particularly to ensure that we have considered all concerns and impacts that may be associated with this project. No final decisions on the proposed project will be made until the environmental study process is complete. Your concerns and comments are an essential part of that process. We want to ensure that we build a project that will best serve Woodburn and the area--and that you have a voice in that process. Sincerely, leb Attachment BACKGROUND INFORMATION PACIFIC HIGHWAY - PARK AVENUE (WOODBURN) PROJECT HILLSBORO - SILVERTON HIGHWAY (OR 214) MARION COUNTY January 1991 The proposed project is about 2 miles long, extending from Park Avenue in the east to just west of the I-5 Interchange on the Hillsboro - Silverton Highway (OR 214). It would replace the existing three-lane highway with a five-lane highway. The center lane would be a continuous left-turn lane. A map of the project area is attached. The I-5 interchange would be rebuilt to current standards and integrated with the expansion of OR 214. An option to realign the Oregon Way-Country Club Road/OR 214 intersection would be included as part of the project. Currently, the Average Daily Traffic (ADT) on OR 214 ranges from about 16,000 vehicles just east of the I-5 Interchange decreasing to about 12,000 vehicles on the east end near Park Avenue. By the year 2015, the ADT is projected to increase to about 28,000 and 22,000 in the same locations. West of the I-5 Interchange, the ADT on OR 214 is currently about 8,000 vehicles -- but projected to increase to about 20,000 by the year 2015. For comparison, the ADT on I-5 near Woodburn is currently about 54,000 vehicles per day. From the above ADT data, it is obvious that traffic levels are expected to increase considerably between now and the year 2015. To meet that traffic need, planning is required by both the Highway Division and the City Of Woodburn to improve the transportation system. Thus the Highway Division is working with the City of Woodburn to develop this project to meet the increased demand. An environmental study is now underway on the project. Information briefings on the project will be scheduled later in the year with news releases indicating the time and place. Completion of the Environmental Assessment is anticipated by late 1991. A formal public hearing will be scheduled upon completion of the Environmental Assessment. After the public hearing is completed, a Revised Environmental Assessment will be published. It would contain any changes to the project design as well as any concerns and comments raised at the public hearing. Based on the comments and concerns, a Build or No-Build Decision is then made. That decision is a necessary step in the process of having the project advanced for construction funding. I I I I I I I I ~,,-~, I I I ! I Z I z I I I I I I ! ! ! ! ! ! ! ! ! I ! I I I--I · PACIFIC HIGHWAY -PARK STREET (WOODBURN) Hillsboro - Silverton Highway Marion County Goals and Objectives GOAL 1: Objective 1: 0bjective 2: Objective 3: UPGRADE ABOUT A TW0-MILE SECTION OF THE HILLSBOR0 - SILVERTON HIGHWAY THROUGH W00DBURN TO IMPROVE SAFETY AND CAPACITY. Widen the existing two to three lane highway to a five lane highway. Decrease congestion by increasing capacity at major intersections, to include realignment of Country Club Road. Improve the I-5 interchange in consonance with the widening of the Hillsboro - Silverton Highway to accommodate future traffic volumes on the project section. GOAL 2: Objective 1: Objective 2: Objective 3: DEVELOP A PROJECT WHICH MINIMIZES ENVIRONMENTAL AND SOCIAL IMPACTS. Provide opportunity for public and agency participation in the project's development and design. Consider environmental, economic, and social concerns and mitigation in developing and selecting alternative designs. Ensure the City of Woodburn and Marion County participation in the project development process. GOAL 3: Objective 1: Objective 2: 0bjective 3: ACCOMMODATE PROJECTED TRAFFIC VOLUMES ON T~IE PROJECT SECTION. Accommodate existing and projected land use developments consistent with the adopted City of Woodburn and Marion County comprehensive plans. Coordinate improvements with other projects identified in the local and regional transportation plans. Coordinate the project in consonance with an access management program to be developed by the City of Woodburn and ODOT. Z~_~_ on'al n- ~.v~ o~-~z I~0 0 C~ PACIFIC HIGHWAY - PARK AVENUE PROJECT {WOODBURN) PUBLIC/AGENCY INVOLVEMENT PROGRAM February 1991 The public and agency involvement program for the project consists of the following elements: PUBLIC MAILINGS A project mailing list has been developed, comprising about 185 property owners and occupants adjacent or close to the proposed project. An informational letter was sent to the mailing list in January 1991. Notifications of the public meeting (July 19.91) and public hearing (December 1991) will be sent to the list. These mailings will include brief information sheets and comment/question sheets for people who cannot attend the public meetings. FOCUS GROUPS Organizations that are likely to be interested in the project have been identified and will be added to the mailing list. Key groups will be invited to attend small "focus group" meetings. It is anticipated that about five meetings will be held during the environmental data collection and analysis phase (from March through June 1991). The purpose of the focus groups is to identify major concerns and issues that should be addressed. CITY COUNCIL BRIEFING The Woodburn City Council will be briefed on the status of the project around April 1991. ODOT presented an overview of the project to the Council in September 1990. PUBLIC MEETING A public meeting will be held in July 1991. This meeting will provide an opportunity for public review and comment on the findings of the environmental data collection and analysis. pUBLIC HEARING A formal public hearing on the environmental assessment will be held in December 1991. 2 TECHNICAL ADVISORY COMMITTEE A Technical Advisory Committee has been established to review and evaluate technical issues (project location, design, and the environmental assessment) and make recommendations where applicable. The TAC will also help identify and address public concerns and information needs. It is anticipated that three TAC meetings will be held: 1) February 1991--to provide a project overview and review the project goals and objectives. 2) June 1991--to review the findings of the environmental data collection and analysis, before the public meeting is held. 3) October 1991--to review the environmental assessment, before the public hearing is held. ORGANIZATIONS TO INCLUDE IN MAILING LIST AND/OR FOCUS GROUPS February 1991 Woodburn City Council (via Mike Quinn, City Administrator) Woodburn Planning Commission (via Steve Geochritz, Woodburn Planning Department) Keith Robinson, Superintendent, Woodburn School District Jane Kanz, Manager, Woodburn Area Chamber of Commerce Dan Gl.ennon, I-5 Merchants Association Charles Piper, Woodburn Rotary Club Cliff Zauner, French Prairie Kiwanis Club Mike Padberg, Woodburn Kiwanis Club George Tallmadge, President, Senior Estates George Mattes, H.W.I. Hardware Wholesalers Inc., Fort Wayne, Indiana (constructing a warehouse/distribution center at I-5 interchange) Cascade Park Retirement Center 'Colonial Gardens Retirement Center Technical Advisory Committee members ODOT and consultant staff members Possible Focus Groups: · Senior Estates · Woodburn School District · Chamber of Commerce/I-5 Merchants Association