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Agenda - 06/10/1991CITY OF (270 Montgomery Street · WOODBURN Woodburn, Oregon 97071 · 982-5t2(2c2 AGENDA WOODBURN CITY COUNCIL JUNE 10, 1991 - 7:00 P.M. 1. CAlL TO ORDER AND FLAG SALUTE 2. ROLL CALL MINUTES: A. City Council minutes of May 28, 1991. B. Library Board minutes of May 22, 1991. C. Planning Commission minutes of May 9 and 14, 1991. D. Woodburn Downtown Association minutes of June 4, 1991. E. Woodburn Fire District minutes of April 9 and May 21, 1991. ANNOUNCEMENTS AND APPOINTMENTS Announcements: Resignation of Michael Quinn, City Administrator. PrOclamation: Flag Day, June 14, 1991. 3__A 3__B 3C 3D 3E 4A 4B o COMMI'I-rEE REPORTS A. Chamber of Commerce B. Woodburn Comeback Campaign COMMUNICATIONS A. Written (None) BUSINESS FROM THE PUBMC - This allows public to introduce items for Council consideration not already scheduled on the agenda. o PUBLIC HEARING A. Annexation, Zone Map Amendment, Comprehensive Plan Amendment - 177 acres located adjacent to I-5, south of Hwy 214. (Please refer to the packet of material previously provided) 9. TABLED BUSINESS Page 1 - Woodburn City Council Agenda, June 10, 1991 10. 11. 12. 13. 14. 15. 16. 17. GENERAL BUSINESS A. Council Bill 1305 - Ordinance reclassifying certain property on Cleveland St. to public use and public service district. 10A B. Council Bill 1306 - Ordinance vacating an existing right-of-way on W. Hayes in exchange for right-of-way realigning the street and accepting easement. 10B C. Council Bill 1307 - Resolution authorizing police mutual aid agreement. 10C D. Council Bill 1308 - Resolution appointing Fred Kyser Administrator Pro Tem. 10D E. Council Bill 1309 - Resolution establishing procedures for hiring City Administrator. 10E F. Council Bill 1310 - Resolution authorizing lease agreement for Marion County Building Inspection office. 10F G. C.I.P. Project Listing modifications. 10G 10H H. Request for temporary street closure for neighborhood party. A'P'~I~OVAL OF CLAIMS PUBLIC COMMENT NEW BUSINESS SITE PLAN ACTIONS STAFF REPORTS A. Proposed bus route change. B. Youth services grant proposal. 15A 15B MAYOR AND COUNCIL REPORTS ADJOURNMENT Page 2 - Woodburn City Council Agenda, June 10, 1991 COUNCIL MEETING MINUTES May 28, 1991 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CiTY HALL, CiTY OF WOODBURN,.COUNTY OF MARION, STATE OF OREGON, MAY 28, 1991. 0004 CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kyser presiding. 0016 ROLL CALL Mayor Kyser Present Councilor Figley Present Councilor Galvin Present Councilor Hagenauer Present Councilor Jennings Absent Councilor Sifuentez Present Councilor Steen Present 0034 0050 0108 Staff Present: City Administrator Quinn, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Finance Director Gritta, Library Director Sprauer, Police Lt. Null, Deputy Recorder Tennant. MINUTES. ¢IGI~-Y/SIFUENTEZ .... approve the Council minutes of May 6, 13, and 20, 1991; and accept the Comeback Campaign minutes of May 14, 1991 as presented. The motion passed unanimously. POLICE DEPARTMENT OPEN HOUSE. Lt. Null invited the Council to the department's 4th annual Open House on Saturday, June 8th, between 10:00 am and 2:00 pm. CHAMBER OF COMMERCE REPORT. Al Hilderbrand, representing the Woodburn Chamber of Commerce, reminded the Council of an upcoming luncheon forum on June 3rd to be held at the Elk's lodge. He also inv'~ed the Council to participate in the activities being held during the Founder's Day celebrations at Settlemier House on June 15th and 16th. PUBLIC HEARING - VACATION OF W. HAYF_$ STREET PUBLIC RIGHT OF WAY. Mayor Kyser declared the public hearing open at 7:05 p.m.. Public Works Director reviewed the staff report and located the area proposed to be vacated on a map of the area. The property is currently an unpaved, 60 foot Page I - Council Meeting Minutes, May 28, 1991 TAPE READING 0282 0413 COUNCIL MEETING MINUTES May 28, 1991 dedicated public right-of-way which extends approximately 450 feet. in-length, and is located west of Barclay Square apartments. The staff recommended that the City retain a 60 foot utility easement over the area to be vacated and require a 70 foot right-of-way to be dedicated on another portion of the property as a replacement to the existing right-of-way to accommodate future transportation plans relating to the extension of Stacy Allison Way. Jim Pippert, 1420 Tierra Lynn, questioned the status of existing water and sewer mains in the right-of-way proposed to be vacated. Director Tiwari stated that the City would retain easements within the right-of-way. When the property is vacated, the City transfers the property back to the property owners and when property is dedicated, the City does not pay the property owner for the value of the property. The Council was informed that there were no written objections to the proposed vacation. Additionally, the notices required by state law were published in the local newspaper and posted in the affected area. The public hearing was declared closed at 7:14 p.m.. SIFUENTF7/FIGLEY .... authorize the staff to prepare an ordinance for presentation to the Council to vacate the property. The motion passed unanimously. COUNCIL BILL 1303 - RESOLUTION AUTHORIZING CONTRACTUAL 0452 AGREEMENT WITH HARRIS & EIDE, CPA, FOR AUDIT SERVICES THROUGH FIS~CAL YEAR ENDING JUNE 30, 1993. C(Jb-ncll Bill 1303 was introduced by Hagenauer. since there were no objections from the Council. passage, Council Bill 1303 passed unanimously. duly passed. The bill was read by title only On roll call vote for final Mayor Kyser declared the bill COUNCIL BILL 1304 - RESOLUTION AUTHORIZING CONSULTING 0476 AGREEMENT WITH HENDERSON, YOUNG & COMPANY, INC. FOR SYSTEM DEVELOPMENT CHARGES. Council Bill 1304 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections. On roll call vote for final passage, Council Bill 1304 passed unanimously. The Mayor declared the bill duly passed. REQUEST FROM MARION COUNTY - ESTABLISHMENT OF SATELLITE OFFICE FOR COUNTY BUILDING DEPARTMENT ACTIVITIES. Administrator Quinn stated that the Marion County Building Department plans to establish a satellite office in Woodburn to serve the needs of city and county residents who utilize the County's Building inspection program. The County has proposed locating their office in City Hall and has verbally agreed to construct office space in the basement. If the Council approves of the proposed concept, Page 2 - Council Meeting Minutes, May 28, 1991 TAPE READING 0648 0767 0884 0860 COUNCIL MEETING MINUTES May 28, 1991 the staff will negotiate an rental agreement with the County and it will-be submitted to the Council for approval. Don Woodley, County Building Official, briefly reviewed the construction work which would be required in the basement before his staff members could occupy the proposed office space. It was the consensus of the Council to allow the County Building Department to establish a satellite office in the basement. BID AWARD - WATER PIPE AND FITTINGS. Public Works Director Tiwad stated that the new pipe would replace lead jointed pipe located between Gatch Street and Hwy. 99E along Hardcastle Avenue. HAGENAUER/FIGLEY ... accept the Iow bid from Pacific States Cast Iron Pipe in the amount of $21,450.00 for ductile iron pipe, and the Iow bid from Pacific Water Works Supply in the amount of $6,100.00 for iron fittings and valves. The motion passed unanimously. BID AWARD - ASPHALT OVERLAY ON UMPQUA ROAD. Bids for the improvement of Umpqua Road were received from the following contractors: North Santiam Paving, $68,100.59; Parker Northwest Paving, $69,793.95; Morse Brothers, $75,171.50; and D & D Paving, $84,728.50. Director Tiwari recommended acceptance of the Iow bid which was 3% higher than. the engineer's estimate. The cost of the overlay will be funded through State · Re'venue Sharing and City gas tax funds. HAGENAUER/FIGLEY .... award the bid to North Santiam Paving in the amount of $68,100.59. The motion passed unanimously. Administrator Quinn advised the Council that the Cable TV Advisory Board will meet on June 5, 1991, 7:00 p.m., to begin their review of the Cable TV franchise. Ismael Villastrigo, 481 Bradley, provided the Council with information on the Habitat for Humanity organization which provides Iow income families with the opportunity to help build their own home. The organization has built several homes in Mt. Angel and has recently started to build a home on S. Front Street. In order to reduce the monetary costs involved in obtaining the necessary building permits, he requested support from the Council to waive some or all of the connection and building permit fees. He also suggested that the City donate any property which may be available for placement of a future home to a needy family. He briefly reviewed the criteria used by a selection committee and contractual language pertaining to upkeep and resale of the property. Page 3 - Council Meeting Minutes, May 28, 1991 COUNCIL MEETING MINUTES May. 28, 1991 TAPE READING 1340 Mayor Kyser advised the Council that ballots would be mailed by theCounty Elections office on June 10th. He suggested that the PAC informational flyers be distributed June 7th through June 9th. 1407 ADJOURNMENT. The meeting adjourned at 7:48 p.m.. APPROVED Fred W. Kyser, Mayor ATTEST Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page 4 - Council Meeting Minutes, May 28, 1991 M I N UTE S MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD DATE: Hay 22, 1991 ROLL CALL: Phyllis Bauer - Present Joan Flomer - Present Gloria Predeek - Present Jean Weatherill- Excused Jan Zyryanoff - Present STAFF PRESENT: Linda Sprauer, Director Judy Coreson, Recording Secretary GUESTS: None CALL TO ORDER: President Joan Flomer called at 12:35 PM. the meeting to order SECRETARY'S REPORT: The monthly Board minutes of April approved as submitted. 24, 1991 were DIRECTOR'S REPORT: Monthly Statistics: self-explanatory. increased again. The monthly statistics were Circulation figures have Activities: A list to the Board. The was 20 on May 16th. of activities was distributed attendance for the Teen Videos Roof Repair Project: If the weather cooperates after the first of June, the roof repairs will be made by Bill Bland Construction. Book Detection System: Prior to the meeting Mike Quinn, City Administrator, discussed with the Board the purchase of the book detection system as per attached memo dated 5-16-91. Staff Update: Linda has finished interviewing for the Children's Librarian position. Within a couple of days a decision will be made, and this position will be filled by June 10th. Anne Getman, who is on a leave of absence to attend the University of Texas for her Masters degree in Library Science, has chosen not to return to a librarian position in September. 1 OLD BUSINESS: Budget/Hours Change: Because Linda has made the following (See attached memo dated 5-22-91) of budget cuts, recommendations: Reduction of open library hours to begin July 1, 1991 Closed Sunday and Monday 11 AM to 8 PM Tuesday and Wednesday 11 AM to 6 PM Thursday and Friday 11 AM to 4:00 PM Saturday Current fee structure: day to 10 cents per day. Change from 5 cents per Drop 7 day grace period. Maximum Fine: Change from $2.50 per item to $5.00 per item (not to exceed the cost of the item). Overdue notices: Change from 1st and 2nd notice, then billing to 1st notice only, then billing. There was a 16.3% reduction in the book budget. Methods of raising funds to replace the book budget reductions will be explored. Efforts will be made to make the public aware the library will not be able to purchase as many materials as in previous years. With great ~eluctance, the Library Board approved the reduction of hours with the understanding if additional funds become available, these funds would be used to replace staff positions in o~der to increase the library hours at that time. The Board approved the rest of the recommendations. NEW BUSINESS: Letter of Appreciation: A letter of appreciation to the Friends of the Woodburn Public Library for their donation of $49.90 in memory of Margaret Williams was signed by President Joan Flomer. pUSINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: None ADJOURNMENT: The meeting was adjourned at 2:20 PM. ~ceCt~ully Submitted, Recording Secretary Library Board Minutes - 5/22/91 2 MINUTES WOODBURN PLANNING COMMISSION MAY 9, 1991 1) ROLL: President Mr. Johnson Present Vice President Mr. Vallieres Present Commissioner Mrs. Warzynski Present Commissioner Mrs. Sprauer Absent Commissioner Mr. Park Present Commissioner Mr. Rappleyea Present commissioner Mr. Scott Present Commissioner Mr. Guerra Present Commissioner Mr. Bauer Present Staff Present: Steve Goeckritz, community Development Director Barbara Sochack, City Planner 2 3 MINUTES: ~ Woodburn Planning Commission minutes from April 11, 1991 were accepted as written. Woodburn City Council minutes from March 25, April 8, April 15, 1991 were accepted as presented. Woodbum Downtown Association minutes from April 2, 3 and 9, 1991 were accepted as presented. BUSINESS FROM THE AUDIENCE: Barbara Lucas, 214 E. Clackamas Circle, stated that she wished to talk to the Commission about the problems they were experiencing on West Hayes Street. She stated that there was too much traffic from outside her neighborhood. The traffic goes too fast and noisy. Traffic doesn't always observe the pedestrian crossing and trucks are using the street..~These traffic problems are affecting the liveability of our neighborhood, biking and walking are too dangerous, sitting outside is not pleasant due to the traffic. Crossing the street is dangerous and litter is being dumped on the street. She read the petition she had given to staff. She stated that the petition only included the residents on West Hayes and to residents who live within 150 ft. of West Hayes to the north and south. She also read the letter she had written to the Commission. President Johnson asked if she had any suggestions on what improvements should be made to the street system that would help that. Mrs. Lucas stated that they have made several suggestions to the planning staff. President Johnson asked if there was any other business from the audience. Mr. Les Moore, 2082 Camilla Drive, he stated that the board of Senior Estates Golf and Country Club agreed with and fully supported the statements contained in the petition concerning Hayes Street. John Taylor, 2202 West Hayes, stated that he agreed there would be traffic problems with the building of this project. Staff stated that the concerns that the residents of the West Hayes area were legitimate. He stated that some suggestions had been made that might be possible solutions. One of the suggestions was that a committee be formed to work on mitigation techniques, this committee would have representatives from Senior Estates and from the Planning Commission. The second step would be to have a workshop. He stated that one question that is always raised is '~/ho is going to pay for this", he stated that the City does not pay for these improvements, the developer does. A couple of techniques talked about were ornamental barriers located at the golf course crosswalks. These barriers would slow down traffic forcing it to go around these barriers and it would bring attention to the crosswalk. He stated that these barriers wouldn~ eliminate traffic but it would slow it down. He requested that President Johnson appoint a couple of Planning Commission members to this committee so these problems could be resolved. President Johnson asked if there were any questions of staff. He asked staff about the paying for improvements for this entire area. Staff answered that this developer is paying for the improvements necessary to get this project started. 2 Commissioner Guerra stated that in addition to these traffic controlling devices, there should be consideration of bike lanes, additional stop signs and increased police patrol in this area. He asked if these were still part of the overall package in resolving these problems. Staff answered yes, all of these would be considered by the committee. President Johnson asked if any of the Commission members would like to volunteer to serve on this committee. Commissioner Vallieres and Commission Bower both volunteered. He asked if there was any more business from the audience. There was none. COMMUNICATIONS: None PUBUC HEARINGS: Major Partition #91-04 Mystery Mart-Westech Engineering Staff went over the location, and conditions of approval that the Commission had set at the last meeting. He explained the reason for the extension of the proposed roads as being for future developments to the south. Planning staff recommended approval of this partition with conditions. They will end up with two parcels, one 9.5 acres and 3/10ths of an acre, the rest would be dedicated right-of-way. Commissioner Rappleyea asked how the Frontage Road would be accessed. Staff stated that the improvement of Lawson and Stacy Allison would provide access to the sight. It would keep the traffic flow to the west as much as possible away from the Senior Estates residential area. Commissioner Bower asked if the improvements would be concurrent with the light being installed on Evergreen. Staff stated that the city has no control over the signal installation only the State Highway DMsion. The applicant stated that with his contact with the Highway Division they indicated that the signal would be in place before the development opens. President Johnson asked if Stacy Allison would be a three lane road. 3 Staff answered yes. Commissioner Bower asked if there was a time table for this mystery-mart. Will the improvements occur if this development doesn't happen. Staff answered that if this development didn't happen, then the improvements wouldn~ happen until another development went in and things would have to start all over. President Johnson stated that the hearing would follow the procedures listed on the board. Staff read the necessary statement to formally begin the public hearing. The applicant, Steve Ward, Westech Engineering, 3421 21st SE, Salem 97302, stated that the for mystery mart was very sedous about this development. They have authorized his firm to complete the design. He stated that they were proceeding through the final design of this project. He stated that there are several issues that must be resolved before they can apply for the building permits. They would like to be under construction by summer. He stated that they have a deed for the dedication of Stacy Allison to go to Frontage Ave. This developer would be making extensive improvements to Stacy Allison and Lawson Ave. He stated that having reviewed the staff report, the developer agrees with the report. He stated he would answer any questions the Commission might have. Commissioner Park asked if both Stacy Allison and Lawson would both be developed at the same time. Mr. Ward answered yes. Commissioner Guerra asked what Mr. Ward meant by improvements of Commercial Ave up to the part where the parking lot ends. Mr. Ward answered only up to the most westerly driveway, about 3/4 of the way up the property. Staff stated that the city doesn't make these improvements. The property owners in the area who are developing the properties would make agreements as to who does what when. This is one of the conditions of approval. President Johnson asked about the average daily trips. 4 Howard Stein, Portland, stated he was the engineer responsible for developing the traffic study and would be happy to answer any questions the Commission had about the study. President Johnson asked how the 8500 average daily trips were calculated. Mr. Stein stated that the way it was der'Ned was from a trip generation report. They use a trip generation equation calculate these figures. President Johnson and Mr. Stein had a discussion about the sales per sq. foot of different stores of this type and President Johnson felt that the traffic volume figures were too Iow per their discussion on sales. There was further discussion on traffic flow per hour. Commissioner Bower had some concern about the statement on page 27 of the traffic study concerning the level of service. He felt that the study didn't talk about the level of service for the street design. Mr. Stein answered that yes it did. President Johnson asked if there was anyone in the audience who wished to speak for this proposal. George Brice, 17632 Blue Herring Rd, Lake Oswego, stated that he was authorized by Hershbergers to state they were in agreement with this project. President Johnson asked if there was anyone who had any testimony against this proposal. There were none. President Johnson asked if there was any discussion from the Commission. Commissioner Warzynski asked if Frank Tiwari was going to talk more about the road construction. Mr. 'l'~vari stated that he would be happy to answer any questions the Commission had. Commissioner Guerra stated that at the last discussion talking about West Hayes Street at the back door of the complex. He asked if they were talking about narrowing the street to control the street, or making it a one- way. He wondered if there had been more information on that. 5 Mr. '13wad answered that he believed that last time he talked about most traffic would be using Evergreen and turning on Stacy Allison Road going into parking lot. Commissioner Bower asked if on the Hayes Street extension would still have bike paths and such as stated in the overall Woodburn plan. Staff answered "yes, the 177 acre proposal has provided us with a bike plan and pedestrian plan that interconnects the community." President Johnson asked if there was any further questions from the Commission, there were none. He closed the public hearing. Commissioner Vallieres made the motion to approve Major Partition #91-04 with staffs conditions. Commissioner Warzynski seconded the motion. President Johnson suggested a couple of conditions be added. 1) that Evergreen and Hwy 214 widen be a requirement before a occupancy of the store. Staff informed President Johnson that the state made the decisions about Hwy 214. He stated that he did not want to dispute President Johnson's suggestion, but the state would make the discussion regarding 214. President Johnson's second suggestion was a more definite, sooner time frame for the signal at Hwy 214 and I-5 southbound off ramp. Mr. Tiwari stated that there was a pre-construction meeting on the contract of the signal on Hwy 214 and as it stood it would be Oct. or Nov. 1991. Staff stated that this development could facilitate this happening sooner. President Johnson asked if there was anymore discussion from the Commission. There was none. A vote was taken and Major Partition 91-04 was approved 7 yes, 1 no. 6 8 BUSINESS FROM THE COMMISSION: There was discussion on the growth of Woodburn and the much needed updated transportation plan. ADJOURNMENT: There being no further business, the Planning Commission meeting adjourned. 7 MINUTES WOODBURN PLANNING COMMISSION MAY 14, 1991 1) m e ROLL: President Vice President Commissioner Commissioner Commissioner Commiss;oner Commissioner Commissioner Commissioner Mr. Johnson Absent Mr. Vallieres Present Mrs. Warzynski Present Mrs. Sprauer Present Mr. Park Present Mr. Rappleyea Present Mr. Scott Absent Mr. Guerra Present Mr. Bauer Present Staff Present: Steve Goeckritz, Community Development Director Barbara Sochacka, City Planner MINUTES: The Woodburn Downtown Association minutes of Apdl 16, 23 and 30, 1991 were accepted as received. BUSINESS FROM THE AUDIENCE: None COMMUNICATIONS: None PUBUC HEARINGS: The Annexation #91-01, Zone Change #91-01, Comprehensive Plan Map Amendment #91-01 and Preliminary Subdivision Plat #91-01 were presented for the record. The traffic impact study was also presented for the record. Staff explained the reasons for the amendments and the annexation. Staff recommended approval with conditions listed in the staff report for the Annexation #91-01 and approval of Zone Change #91-01 and Comprehensive Plan Map Amendment #91-01 and the Preliminary Subdivision Plat #91-01 with the conditions listed on the addendum. Kirsten Van Lieu, Principal Planner, Waker & Associates, 11080 SW Blvd., Beaverton, OR 97005, stated that Prairie Corporation would like to develop this area over the next 10 to 15 years as a planned development multi-use project. She introduced the Prairie Corporation, and other associates which were working on this project. She stated that the future would look towards moving towards the south. The state was considering options for revised overpasses and different accesses on and offl-5. These could be realized in the next 10 to 15 years. This would relieve some of the traffic situation on Hwy. 214. George Brice, 17632 Blue Herring Rd., Lake Oswego, representing Praide Corporation, stated that Prairie Corp. wanted this project to enhance the community and that the conditions made by staff in the staff report were acceptable. He stated that hopefully that phase I of this development would be open by spring of 1992. He stated that the residential portion of this development would help with the housing needs in the area and that commercial services would move into town that are not at the present time available. Vice President Vallieres asked if there were anyone in the audience who wished to speak for this project. Carl Hanerson, 2385 SW Winchester Place, Portland, stated that he was representing a development group who has an interest in developing in this project. He stated that for the past 2 years his group had been looking at Woodburn for a commercial outlet center. He stated that Woodburn would be an outstanding area for this project. Commissioner Guerra asked Mr. Hanerson what this outlet center involved. Mr. Hanerson stated that if you go to Uncoln City you would see stores of the type at that mall. Manufacturers sell directly to the public through outlet stores. Commissioner Bauer asked Mr. Hanerson what size the Uncoln City development was. Mr. Hanerson answered that it was approximately 165,000 sq. feet. It has 43 different outlet stores on approximately 16 acres. Commissioner asked about the traffic problem at this area. Mr. Hanerson stated that it was located at the corner of Hwy 101 and East Devil's Lake Rd., this was a five lane road at this point. 2 Commissioner Warzynski stated that she felt this would be a good project for Woodburn. She has concerns about the road system. She asked if there would be a north/south road prior to the development. Staff answered that the roads would be improved. Stacy Allison would be brought down and parallel I-5 and the road which hadn't been named yet would provide two alternatives for ingress and egress for this development. Susan Packer, 445 N. Settlemier, she stated that this development would be a plus for Woodburn. However, she lives at the corner of Hayes and Settlemier she stated that there was a traffic problem on Settlemier at the present time. She feels that the roads in this development would direct people off the freeway to the south of town. Dan Glennon, 1460 Walton Way, stated that the housing shortage here was taking millions and millions of dollars out of Woodburn. This project would be a big plus for Woodburn. He felt that the City should prepare for the growth of this town. Gilda Ballwebber, 395 Smith Drive, stated that she was in favor of this development, the housing would be good for Woodburn, she would like to see the factory outlet stores development. She would like to see the energy from people opposing this development directed towards the state to encourage them to do something quicker about the ingress and egress off of the I-5 interchange. Bruce Thomas, 795 Corby Street, stated that he was in favor of this project. He stated that the type of jobs this would bring would be welcome along with needed housing. Steve Ward, Westech Engineering, Salem, stated he would like to say that a lot of thought and preparation has gone into this project. He felt that a lot of cooperation and effort between the parties to bring something to the city. Vice President Vallieres asked if there was anyone else who wished to speak for this project. There were none. He asked if them was anyone who wished to speak against this project. Mr. Rolands, 259 W. Clackamas, stated that he felt that this was a good development, but not good as far as traffic is concerned. He felt there was a lot of room for improvements concerning traffic. 3 Mr. Hassinger, Columbia, stated that he didn't want a street built in back of his place. He felt that Columbia and Evergreen were too dose together to continue Evergreen to the South. Ann McCully, 597 S. Columbia Dr., presented a petition to the Commission signed by residents living on the west side of Columbia stating that they understood that Evergreen might be abandoned south of Hayes Street and wished to state that they are in favor of this action. Staff stated that this proposal was being looking at as abandonment of Evergreen Road to the south. It is not a part of this proposal, but it could be expedited soon. Steven Hobson, 15227 Stubb Road, stated that 'he lived south of the project. At the present time, Stubb Road dead ends. His property is at the edge of the project, no one has approached him about a road going through his property. He stated that there is no right-of-way, that is all his property. Eloise Thompson, 331 S. Columbia, stated that she felt that the off ramp to the south of Woodbum should be done first. She stated that if this project were done before the freeway on and off ramps were completed, it would be a nightmare to get on or off Hwy 214. Vice President Vallieres answered that there would be road improvements before these project would be started. He asked Mr. T'rwari if he wished to speak to dear up any of the questions or fears the audience might have. Mr. Tiwari answered that he felt that the south freeway on and off ramps would be a long time in coming. He did state that it is in black and white where the state is looking for funding for the project. Vice President Vallieres asked if Mr. Tiwari could explain storm sewer run-off from the infrastructure that the City would be dealing with. Mr. Tiwari answered that it should be simulated that the mn-off is the same as it was before development. Gloda Matesen, 2261 W. Hayes, she stated that she was very much against this project. She stated that the facilities that now exist are stretched to the limit. She made comments as to the type of people that new facilities attract the good and the bad. She asked what type of apartments and the range prices, the single family housing and price ranges. She stated that as the community grows so grow the problems. She complained about the 4 vehicles that use Hayes St presently going too fast. She stated that she has nothing against growth but all the items she spoke of taken into account. Kirsten Van Lieu, Principal Planner, Waker & Associates stated that she tried to write down everyone's concerns and address them. The first concern was about having commercial development across the street .from single family residential. She stated that some of the area was predetermined zoning. Pralde Blvd. is envisioned to be a minor arterial, with the residential area is backed up to Pralde with vegetation or a block wall to act as a buffer. Praide would be a 3 lane road with one in each direction and a center lane for turns. The residential area would have nice entrances off of Praide Blvd. There would be no individual access off Prairie Blvd. She addressed the issue of the drainage around Stubb Rd. stating that the holding tanks for the run-off would be developed into the landscape. She stated that many meetings have been held and many ideas have come up for the I-5 accesses, unfortunately she could not tell the state how or when to address these projects. Hopefully in the future an access to the south would be possible and then traffic could avoid the Hwy 214 area. She addressed the types of housing issue, she stated that she had no idea who would develop the housing, but she did estimate that about 750 housing units, from multi-family to single family homes. , Columbia Drive, stated he had concerns about where the money would be coming from to build the improvements necessary to build the 750 houses/apartments. He has concerns as to who would pay to build the schools necessary for this size of housing development. He stated that he would like to hear some money figures on the improvements need for this project. George Brice, addressed the issue of the vacant spaces in town. He stated that the two major pieces of vacant space would be Mall 99 and Fairway. Mall 99 has been sold and they are making an effort to improve the facilities. Fairway is pending being sold to local investors. These improvements to these facilities will give them a better chance of leasing all the vacant spaces. These new facilities will enhance the existing businesses. He stated that the public works questions were addressed correctly by Vice President Vallieres. He stated that the school issue would be addressed by the School Districts site location committee, stated that the next grade school would be located south of Cleveland and east of that this location. It will not be part of the Prairie Development. Mr. Tiwari stated that he wished to talk about the sewer plant to answer the gentleman' question. He stated that in the near future there was going to 5 be modifications to the sewer plant, this was needed now. He felt that while it was in need of modifications to handle the sewage treatment now the city should look to the future and expand the facility to handle future sewage treatment. Commissioner Warzynski asked if when property is annexed to the city, does Marion County need to approve. Staff answered that the County has 20 days to respond if they disagree with the annexation. Staff has not heard from the County. This will still have to go before the Council for approval. The Planning Commission can only recommend approval to the City Council. Commissioner Warzynski made the motion to recommend approval to the City Council of Annexation #91-01, Zone Change #91-01 and Comprehensive Plan Map Amendment #91-01. Commissioner Rappleyea seconded the motion. A vote was taken and Annexation #91-01, Zone Change #91-01, Comprehensive Plan Map Amendment #91-01 were approved unanimously. Subdivision #91-O1 was held open for discussion at the next meeting. Staff told the audience that this would be continued under Old Business at the June 13th meeting and further testimony could be heard at this time. REPORTS: Code Enforcement report for April was included in the packet. Building Activity for April has doubled and will continue to grow in the near future. ADJOURNMENT: There being no further business the Planning Commission meeting adjourned. 6 Woodburn Downtown Association P.O. Box 344 Woodburn, Oregon 97071 Woodburn Downtown Association Meeting June 4, 1991 I Call to Order Claudia called the meeting to order at 7:40 AM. II Attendance Present were: Claudia James, Jose Castro, Les Rietan, Lucien Klien, Arlene Monnier, Ken Wright, Bob Sigloh, Brent Reddaway, and Vance Yoder. III Treasurer's Report Money situation is not good. IV WDA Business Bed races for Downtown were discussed. Les suggested'that we have flyers to send out for prospective entries. Extra beds are available for use in the races. See Bob Sigloh as soon as possible. Ken will check on the effect of the City business licence on money raising events for the WDA. Arlene reported on the aVailability of rodies at Iverson Farm%. ' Claudia announced that Our all member noon meeting will be at the Elks Club on Wednesday the twelth. Ken reported that the Police.bicycles wilI be delivered tomorrow. Jose asked about the "Dunk Tank". Claudia will try to locate it. The Independent is pushing Crazy Days and WDA will sponsor contests in the downtown area. Brent Reddaway noted the bad condition of the shrubbery around the Parking Lot. Ken suggested that Claudia call the Mayor's attention to the matter. Vance brou~ght attention to the Founder's Day celebration the 16th and lSth sponsored by the Chamber and Settlemier House. The Museum will be open. ~ Next Tuesday morning will be ~gular meeting. V Adjournment <_ Claudia c~os~d the meeting at ~ cretar ' Vance Yode/f, Acting Se y 8:35 Woodburn Fire District Board of Directors Meeting April 9, 1991 Meeting called to order by ChairmanReiling at 7:30p.m. ATTENDANCE: Director Piper, Chairman Reiling, Director McKean Staff Present: Bob Benck, Sandee Krupicka, Jim Prosser Others Present: Jim Gower, Bernie Zollner MINUTES: of March 12 & 19, 1991 and April 2, 1991 Budget Committee meeting approved as presented. Piper/McKean motion. TREASURER'S REPORT: Checking $1,696.78 / State Fund $689,939.69 pAYMENT OF BILLS: Checks ~86Z8-8688 in the amount of S18,215.00 were approved. Piper/McKeanmotion. ' APPOI~: 1. Jim Gower appointed to fill unexpired term of Director Position ~3. Piper motion. COMMUNICATIONS: Written - Read letter from Captain Jim Prosser stating that he would be retiring effective April 30, 1991. Gower/Piper motion ...t~...accept resignation/retirement of Jim Prosser. BUSINESS - IN PROCESS: 1. Bob Benck advised that the CAO applications are now available. Update given on s~atus of committee and process. 2. Bob relayed information on status of rescue, air suppor~unit and fire engines chassis. 3. Discussed contract for Field Burning Permit Agent with Barbara Easterling. Gower/Pipermotion to authorize Chairman to sign contract with Ms. Easterling for the sum of $1,500. Carried. PROJECTED: 1. Reviewed abstract of Harsh 26, 1991 Director Election ~rom Marion County Slec~ions Division. piper/HcKeanmotion to accept abstract received from the County as official recor4 of the election. Carried. EXECUTIVE SESSION: Adjourned to executive session at 8:09 p.m. per ORS 192.660 (1) (f) to consider records that are exempt per ORS 192.501 (13)'. Reconvened to regular session at 8:18p.m. WoodburnFireDistrict Board of Directors April 9, 1991 page 2 Gower/HcKean motion to accept as binding decision of arbitrator Janet Gaunt in disciplinary grievance of Tim Dietz. CHiEF ADHINISTRATIVEOFFICERREPORTS & INFORMATION: Discussed 931 status.,_dispatch.center and city budget- Gower/Piper motion to draft letter--to City.. of Woodburn Mayor and Council advising them that the District is not in favor of moving the Communication Center out of the Woodburn Center and that the E911 telephone system needs to be installed' and completed as soon as possible. Carried. Discussed Panor 360 fire. Discussed Cascade Park calls for service and directed staff to attempt to contact State Ombudsman for any assistance they may be able to offer. Adjourned at 8:47p.m Next meeting May 14, 1991. Woodburn Fire Distric~ Board of Directors Meeting Hay 23,1991 Meeting called to order by Chairman Reiling at 7:0Za.m. ATTENDANCE: Director Piper, Chairman Reiling, Director Director Weathers Gower, Staff Present: Bob Benck, Sandee Krupicka Others Present: Bernie Zollner MIN~: of April 9, 1991 meeting approved as presented. Weathers/Gower motion. TREAt'S REPORT: Checking S1,472.23 / State Fund $593,821.80 PAYMENT OF BILLS: Checks #8723-8782 in the amount of $38,694.67 were approved. Gower/Weathers motion. COMMUNICATIONS: Written - Read letter from Chairman Reiling to City of Woodburn Mayor Fred Kyser regarding 911 Dispatch Center. ='~'~'BUS.IN.ES.S..- IN PROCESS: 1. Discussed extension of CAO application filing date to June 28, 1991. Reviewed status and recommendations from Pringle Co. to help us continue with search. 2. Reviewed Marion County Mutual Aid Agreement, changes since 1980 contract signed. Piper/Weathers motion to authorize Chairman Reiling to sign agreement. Carried. CHAIRMAN ANDBOARDCOMMENTS: Director Gower indicated that he had been approached by members of the Gervais Station who indicated that they had a preference for responding to medical calls in something other than the engine. Discussed option of placing the salvage unit at Gervais after the air support unit arrives and outfitting can be completed. Will try to accommodate their desirewhenand if the resources become available. CH~EPADMINIST~ATIVEOFFICER~A~D ~ON: Discussed Health Division's decision to charge for recertification for EMT I status and increases in other levels. Public hearings were scheduled after the billings went out. The Fire Chief's Association and Medical Administrators Association are recommending that all agencies contact their legislators and notify them of the problems that we encounter in paying these fees. It is felt that this is an outcome of Measure 5 passage, they want to add inspectors to monitor the EMT programs. Discussion on responsibility of employer to monitor employee not the State. Discussed problems with "budget bashing"~ each governmental agency trying to out charge the other for services to each entity. Adjourned at 8:34a.m Next meeting June 11, 1991. CITY 270 Montgomery Street OF WOODBURN Woodburn, Oregon 97071 · 982-5222 May 30, 1991 Mayor Fred Kyser and Woodbum City Council 270 Montgomery Street Woodburn, Oregon 97071 Dear Mayor and Council Members: I respectfully submit my resignation as your City Administrator effective June 28, 1991. I have accepted a similar position as City Administrator of Enumclaw, Washington, starting in July and desire to give the City sufficient notice to commence with recruitment procedures in accordance with our City Charter. I am proud to have had the opportunity to serve Woodburn since August, 1985 and am proud of the many accomplishments and acquaintances forged with the help of dedicated staff and concerned citizens in our community. I look forward to new opportunities ahead just as does the City of Woodburn, but I can also reflect back upon our past experiences and aPl~[eciate the lesson learned. Woodburn is an active community full of promise to whict~ I had no reluctance in making a personal and professional commitment. I leave Woodburn in good conscience that the community is continuing on its path of progressive development and community livability. Thank you for the opportunity to serve. Respectfully, Michael Ouinr~' City Administrator MQ/kv CITY 270 Montgomery Street OF WOODBURN Woodburn, Oregon 97071 · 982-5222 PROCLAMATION NATIONAL FLAG DAY, JUNE 14, 1991 WHEREAS, The first official Flag of the United States was adopted by Act of Congress on June 14, 1777, and June 14 of each year has been designated as National Flag Day, and WHEREAS, By Act of Congress, Public Law 99-54 was passed to have the PAUSE FOR THE PLEDGE OF ALLEGIANCE as part of the celebration of National Flag Day throughout the nation; and WHEREAS, On December 8, 1982, the National Flag Day Foundation was chartered to conduct educational programs and to encourage all Americans to PAUSE FOR THE PLEDGE OF ALLEGIANCE on Flag Day, June 14, and WHEREAS, Flag Day celebrates our nation's symbol of unity, a democracy in a republic, and stands for our country's devotion to freedom, to the rule of all, and to equal rights for all; NOW, THEREFORE, I, Fred W. Kyser, Mayor of the City of Woodburn, do hereby proclaim..June 14, 1991 as Flag Day in Woodburn and urge all citizens to pause at 4:00 p.m. on this date for the eleventh annual PAUSE FOR THE PLEDGE OF ALLEGIANCE to the Flag and join all Americans in reciting the Pledge of Allegiance to our Flag and Nation. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Seal of the City of Woodburn to be affixed this 5th day of June, 1991. Fred W. Kyser, City of Woodburn COUNCIL BILL NO. 1305 ORDINANCE NO. AN ORDINANCE RECLASSIFYING CERTAIN PROPERTY LOCATED ADJACENT TO AND ON THE SOUTH SIDE OF CLEVELAND STREET JUST EAST OF THE-RAILROAD TRACKS FROM LOW DENSITY RESIDENTIAL/OPEN SPACE AND PARKS TO PUBLIC USE AND FROM RS (SINGLE FAMILY RESIDENTIAL DISTRICT TO PS (PUBLIC SERVICE DISTRICT). WHEREAS, the City of Woodbum, Public Works Department, submitted a development proposal with a request to amend the city's zone and comprehensive plan map, and WHEREAS, the Planning Commission conducted a public hearing and recommended that the City Council approve said changes, and WHEREAS, the City Council conducted a public hearing and heard testimony relevant to said changes, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The legal description of the property is as follows: Beginning at a point in the center of Cleveland Street, which point lies South 52° 00' East 472.56 feet from the Northeast corner of Block 1, Settlemier's Addition to Woodburn, Marion County, Oregon; thence South 58° 00' East · 'al~)ng the center of said Cleveland Street, 323.4 feet; thence South 31° 30' West 525.36 feet; thence North 58° 30' West 323.4 feet; thence North 31 ° 30' East 522.72 feet to the point of beginning. SAVE AND EXCEPT therefrom the following described premises: Beginning at a point in the center line of East Cleveland Street in Woodburn, Oregon, South 52° East 7.16 chains and South 58° East 4.90 chains from the Northeast corner of Block 1, Settlemier's Addition to Woodburn, in Marion County, Oregon; thence South 31 ° 30' West 148~ feet; thence North 58° West parallel with Cleveland Street, 130 feet; thence North 31 ° 30' East 148V= feet; thence South 58° East along the center line of Cleveland Street, 130 feet to the place of beginning. ALSO SAVE AND EXCEPT therefrom a parcel described as: Beginning at a point lying South 52° 00' East 472.56 feet and South 31° 31' West 522.72 Page I COUNt;IL BILL NO. 1305 ORDINANCE NO. feet and South 58° 30' East 20 feet from the Northeast corner of Block 1, Settlemier's Addition to Woodburn; thence South 58° 30' East along the South line of that certain tract of land conveyed in deed recorded in Volume 593, Page 328, Deed Records of Marion County, Oregon, a distance of 303.4 feet to the Southeast corner of said tract; thence North 31° 30' East along the East line of said tract, 40.0 feet; thence North 58~' 30' West 303.4 feet to the Northwest comer of a tract of land conveyed in' deed recorded in Volume 659, Page 54, Deed Records for Marion County, Oregon; thence South 31° 30' West 40 feet along the West line of said tract to the place of beginning. ALSO SAVE AND EXCEPT therefrom a parcel of land conveyed to the City of Woodburn by Warranty Deed dated December 7, 1979, and recorded December 31, 1979, in Reel 197, Page 392, Microfilm Records, Marion County, Oregon. ALSO SAVE AND EXCEPT the following easements: (1) Sewer line easement - Vol. 493, Page 488 (2) Sewer line easement - Reel 143, Page 1687 (3) Sewer service connection to 404 Brown Street and running Northerly from a point 43 feet West from M. H. MC-26 A map of said property is attached hereto as Exhibit 'W'. Section 2. The property described in Section I above is hereby reclassified on the Woodburn Comprehensive Plan Map from Low Density Residential/Open Space and Parks to Public Use. · $~tion 3. The zone designation of the property described in Section 1 is hereby reclassified from RS (Single Family Residential District) to PS (Public Service District.) Section 4. The Comprehensive Plan Amendment and zoning reclassification are based upon the findings of approval contained in the staff report which is attached hereto as Exhibit "B" and by this reference incorporated herein. Section 5. 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 Maygr~ ~, ~ ~ ~ D~/j/~,/~t// Approved as to form~- /~),~/~ city Attorney Page 2 COUNCIL BILL NO. 1305 ORDINANCE NO. CITY VICINITY MAP /04 STAFF REPORT ZONE MAP AMENDME~ CASE # 90-05 COMPREHENSIVE PLAN MAP AMENDMENT CASE # 90 -08 SIllE Pi~ REVIEW CASE # 90-15 CITY OF WOODBURN PROPERTY LOCATION: CLEVELAND STREET ( SEE ATTACHMENT "A") SINSLE FAMILY RESIDENTIAL COMPREHENSIVE PLAN DESIG~TION: LOW DENSITY RESIDENTIAL/OPEN SPACE AND PARKS REQUEST: 1) To consider an amendment to the Woodburn Zone Map to rezone approximately 3.88 acres from SR ( Single Family Residential District to PS Public Services District) with concurrent Comprehensive Plan amendment from Low Density Residential/Open Space and Parks to Public Use. 8) To consider an application for site plan review to develop a storage facility ( material storage area) STATEM~E~T~.[~.. INTENT: "...This 3.88 acre parcel was donated to the. Ci%y. The intent of the project is to have the parcel rezoned from its current RS zo~e, to a PS zone for public use. The next phase is to enclose an area approximately 110 ft. by 170 ft.~ with a site-obscuring chain link fence with a sliding_ gate at the existing 8q-foot driveway aprons for storing City materials. This phase would also include asphalting a portion of the enclosed lot for the driveway and placing gravel on the remaining fenced-in area. Also~ a concrete equipment washdown area will be installed within the fenced area...". A) ZONE MAP AMENDI~ AND COMPRE~IVE MAP AMENDMENT I. Applicable Zonir~q Ordinance Criteria: 1) Chapter 15. Zone Change Procedure. 8) Chapter 16. Comprehensive Plan Amendment Procedure. Section 16.050. Plan Amendment Criteria. Before a Plan Amendment can be made~ the Planning Commission the proposal ~eets the following criteria: must find that a) The proposal complies with all applicable Statewide Goals and Guidelines. b) The proposal complies with the remaining Goals and Policies_. of the Comprehensive Plan. c) There is a clearly demonstrated public need for the proposed amendment. d) The proposal best satisfies the public need. Section l&.060. Burden of Proof. The following specific questions shall be given consideration in evaluation requests regarding_ plan and zoning amendments and are as follows: a) To support an amendment to the Comprehensive Plan~ the applicant shall 1) Prove that the original plan was in error; 8) Show that the community has changed since the original plan was adopted; or 3) Show that there has been a change in the planning and growth policy of the City. b) To support a zone change~ the applicant shall: 1) Show there is a need for the use proposed; 8) Show that the particular piece of property in questions will best meet that need. II. Staff Comments and Evaluation of the Request. 1. The property is approximately 3.28 acres in area. 8. The property is zoned Single Family Residential. 3. The Comprehensive Plan Map indicates that approximately 65% of the property is designated as Open Space and Parks and approximately 35% of this property is designated as Low Density Residential. 4. The property is vacant at present time. 5. Approximately only 80% of the total area of the parcel may be developable; the major part of the parcel is located within the identified floodplain area ( see Attachment "B") 6. The parcel was donated to the City. 7. The Public Works Department wants to develop the portion of the property directly adjacent to Cleveland Street ( see Attachment "C" and staff report Site Plan Review # 90-15 included to this report). 8. The intention of the Public Works Department is to use the developable portion of the property as material storage area. 9. There is already a city shop operated by the Public Works Department located one block north from the subject property ( see Attachment "D" ) 10. The parcels adjacent to the subject property are zoned Single Family Residential and their Comprehensive Plan designation is Low Density Residential/Open Space Parks. The major part of the surrounding area is Yc, cated within the identified floodplain area. II. STAFF CONCLUSIONS AND RECOMMENDATIONS: 1. The property is approximately 3.22 acres but only small part of this parcel is developable ( approximately 20~ of the area). 2. The property is vacant at present time at is not suitable for any type of intense development due to the fact that the major part of the property is located in the floodplain area. 3. The property is located one block away from the City shop. 4. The Public Works Department wants to utilize this parcel as material storage areas this type of development does not require -any intense improvements on the site . 5. The parcel seems to be the best available site to develop a material storage facility becauses - the parcel is not suitable for any intense development - the parcel is not suitable for residential development; only small portion of the parcel may be developable -the proposed development will not affect the residential character of the neighborhood III. RECOMMENDATION: Staff recommends approval of Zone Map Amendment Case # 90-05 and Comprehensive Plan Map ~ 90-02 based on the following conclusions: 1. THe ~roposal complies with the Goals and Policies of The Comprehensive Plan. 2. There is a clearly demonstrated public need for the proposed amendment. 3. The property will best meet the need for a material storage facility operated by the Public Works Department. PART B. SIT F1_¢~1RE~IE~ -- IiAI~-RIAL STORASE AREA I. Applicable Ordinance Criteria: - Woodburn Zoning Ordinance: a) Chapter 10. Off-Street Parking~ Loading b Drive~ay Standards b) Chapter 11. Site Plan Revie~ c) Chapter 34. Publics Semi-Public & Government District - Woodburn Floodplain Ordinance II. Staff Comments: 1. The Public Works Department ~ants to utilize only a strip adjacent directly to Cleveland Street. 2. ]]~e basic idea of the site plan is to enclose an area approximately 1lOft. by 170.2 ~ith a site obscuring chain link fence ~ith a sliding gate at the existing ~-foot drive~a¥ apron. ( see Attachment "E") 3. The City ~ants to use the parcel for storing materials. ~. The development ~ill include asphalting a portion of the enclosed lot for the drive~ay and placing gravel on the remaining fenced-in area. Also a concrete equipment ~ashdo~n area ~ill be installed ~ithin the -fenced area ( see Attachment "E") 5. ]~e drive~ay approach is et feet ~ide. The Zoning Ordinance does not provide any specific standards for drive~ay approach for the Government District. 6.There is already a sidewalk adjacent to the property. III..St'a~ Recommendations: Staff recommends approval of the requested Site Plan Revie~ subject to the following conditions: 1. Engineering: a) Final plan shall conform to the Construction Plan Revie~ Procedures and Standards. b) All ~ork shall conform to Woodburn Standard Specifications and all state building codes. c) Area between the fence and sidewalk shall be landscaped. d) The proposed development shall comply the Woodburn Floodplain Ordinance. e) Wash area shall discharge into a clarifier prior to discharging into the sanitary se~er system f) Backflo~ device ~ill be required on ~ater service to this parcel. ~.Planning: a) The fence shall be erected and maintair~d at a height of at least four feet but not more than seven feet. ZONE C KEY TO MAP SOO°Year Flood Boundary 100-Year Flood Boundary Zone Desi~[nations'~ With Date of Identific~tion e~., 12~2]74 ~;O0-Year Flood Boundary .~O0-Ye~r Flood Boundary Base Flood Elevation Line With Elevation In Feet** Base Flood Elevation in Fe~.t Where Uniform Within Zone** (EL 987) Elevation Reference Mark RM7x River Mile · M 1 .§ ~*RefereRced to the National Geodetic Vertical Datum of 1929 *E~XPL^N^TI'OR OF ZONE DESIGNATIONS ZONE A AO AH C D V VI-V30 EXPLANATION Areas of 100-year flood; base flood elevations and flood hazard factors not determined. Areas of lOO-year shallow flooding where depths are between one (1) and three (3) feet; average depths of inundalJon are shown, but no flood hazard factors are determined. Areas of 100-year shallow flooding where depths are between one (1) and three (3) feet; base flood elevations are shown, but no flood hazard factors are determined. Areas of 100-year flood; base flood elevations and flood hazard factors determined. Areas of 1OO-year flood to be protected by flood protection system under construction; base flood elevations and flood hazard factors not determined. Areas between limits of the 100-year flood and 500- year flood; or certain areas subject to 100-year, flood- ing with average depths less than one (1) foot or where the contributing drainage area is less than one square mile; br areas protected by levees from the base flood. (Medium shading) Areas of minimal flooding. (No shading) Areas of undetermined, but possible, flood hazards. Areas of 100-year coastal flood with velocity (wave action); base flood elevations and flood hazard factors not determined. Areas of lO0-year coastal flood with velocity (wave action); base flood elevations and flood hazard factors determined. zONE B ZONEC LIMIT~ ATTACHMENT " A T TA cN~EN T 'C °~ 'LS. N~OUG A T TA CHMEN -r' ~~_.' MEMO TO: FROM: SUBJECT: DATE: City Administrator for Council Action Public Works Director Approval of Hayes Street Right-of-Way Vacation March 27, 1991 Recommendation: ordinance. Approve Hayes Street right-of-way vacation by approving the attached Backqround: City Council held a public hearing on May 28 and directed the city staff to bring an ordinance for the approval of Hayes Street right-of-way. During the public hearing it was discussed that easements will be retained for the water and sewer lines. The ordinance reflects this requirement. The right-of-way of Hayes west of Stubb Road has no value to the city and the current traffic plans do not require this to be extended to the Frontage Road. Therefore, it was recommended in the last meeting that the city council vacate this unused right-of-way. RS:Ig HAYESVAC.cou June 3, 1991 TO.'~~)MAYOR AND CITY COUNCIL SUBJECT: MID-WILLAMETTE POLICE MUTUAL AID 'Serve and Protect' Recommendation: I am requesting the Mayor and Council approve the attached mutual aid agreement with Mid-Willamette Valley Police Agencies. The Mutual Aid Agreement is necessary to assist other law enforcement agencies and to requ.e.~t assistance from those same agencies. In the past we had such an agreement on an annual basis and now find that a perpetual agreement would be more applicable. I am available to answer any questions you may have. 270 Mont$omery St INCORPORATED 1889 -- Woodburn, Ore$on 97071. - Phone 982-2345 - F, mer. 9-i-i COUNCIL BILL NO. ! ..~ o'7 RESOLUTION NO ........... A RESOLUTION AUTHORIZING EXECUTION OF A 'POLICE MUTUAL AID AGREEMENT' AMONGST VARIOUS MUNICIPAL, COUN'FY, AND STATE LAW ENFORCEMENT AGENCIES. WHEREAS, it is mutually beneficial for public agencies to supplement, coordinate, and support one another in the event of certain emergency situations, and WHEREAS, the community weffare is best preserved through such supplemental police support which would otherwise overtax the resources of a single jurisdiction during such emergency situations; and WHEREAS, Oregon Revised Statute Chapter 190 authorizes such intergovernmental agreements for cooperation services; and WHEREAS, the City of Woodbum has previously entered into such mutual aid agreements for said benefits; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The Mayor is authorized to sign the Mid-Willamette Valley Police Mutual Aid Agreement on behalf of the City of Woodburn, a copy of which is attached hereto for reference. 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. 'RESOLUTION POLICE MUTUAL Am AGR~ 1. On the day and year last set forth below, The City of Woodbum, Oregon, for its Police Department ("Agency'S, based upon duly adopted action or authority of its governing body or other official or body having authority to enter into intergovernmental agreements on behalf of the Agency, agrees to and accepts the MID- WH J ~ V~I.I.F.Y POLICE MUTUAL AID AGREEMENT GENERAL CONDITIONS dated June 1, 1991, and agrees to become a party to a multi-agency mutual aid system governed by those General Conditions. 2. All prior agreements concerning the same subject matter and scope of coverage are hereby termirmted as of the date last set forth below. IN WITNESS ~OF the Agency has caused this Agreement to be signed, in duplicate, by its duly authorized representatives as of this day of ,19 . ~ CITY OF WOODBURN, · i ~ ~ OREGON By:. Title: Attest: Title: APPROVED AS TO FORM: Legal Counsel General Conditions June 1, 1991 1. These General Conditions are intended to provide the framework of benefits and obligations within which any Oregon law enforcement agency with jurisd/ction in Mar/on, Polk or ysmhill Counties may obtain the aid and assistance of any other agency which has agreed to be bound by the same conditions. 2. The term "th~s Agreement' refers to the collective agceements by which law enforcement agencies consent to and are bound to these General Conditions, and includes these General Conditions themselves. The term 'Party" includes every agency which has signed such an agreement. 3. It is to the mutual advantage of the parties hereto that there be supplementary police aid available should a public occurrence or event sorely tax the police facilities of a single party, threaten to reach a magnitude or duration beyond the ability of a single police agency t6 control, or, for the public safety, require a multi-jurisdictional coordinated effort. 4. The parties contemplate that such supplementary police service would be available in, but not limited to, situations and circumstances such as: riot, unlawful assembly, insurrection, major disaster, apprehension of suspected felons, parades or other events where unusually large gatherings are to be found, search parties, and other instances where the local agency's human resources cannot reasonably be expected to cope with the situation; and further that supplementary . .lqolice service would be available on a routine basis, as between neighboring jurisdictions, when, for · 'Whatever r6a~0~, a particular police agency is unable to respond immediately to a situation requiring immediate and speedy police response and the neighboring agency has the present ability to respond. 5. This Agreement is of a type and for a purpose expressly authorized by Chapter 190, Oregon Revised Statutes and is not otherwise prohibited by law. 6. The governing authority of each party has determined that it is mutually advantageous to render assistance to and receive assistance from other parties, and the benefit to be derived by each of the parties from availability of additional police service and support is ample consideration for each to enter into this Agreement. 7. If there is a 'police problem~ within the area of jurisdiction of one of the parties, and the problem is of such gravity and consequence that the regular police personnel of such party cannot readily control or suppress the same, the senior police officer on duty may request assistance from one or more of the parties to this Agreement by notifying the Police Chief, Sheriff or their designated officer on duty of the agency from whom assistance is requested. 8. Upon receipt of such request for aid, the agency to 'whom the request is made shall 'respond at its fullest ability without, in its judgment, compromising its ability and resources to maintain a reasonable level of service within its own jurisdiction. The decision of the Police Chief, Sheriff or other duly designated officer of the agency from whom aid is rccluested as to what manpower, equipment and vehicles are available for response shall be final 9. The requesting agency's officer in charge at the scene of the 'problem" shah remain in charge and provide general directions to aH aiding agency personnel. At the request of the officer in charge any aiding agency shall withdraw its porsonnel from the scene of the problem. 10. Where the sendces of responding agencies arc required on a dispersed or-multiple location basis, the requesting agency's senior officer on duty. shall designate an officer as "Coordinator.' The Coordinator shall have authority to assign responding agency personnel to locations within or without the requesting agency's jurisdiction. When responding personnel are dispatched to locations outside of the requesting agency's jurisdiction, the Coordinator shall promptly notify the senior officer in the jurisdiction to which said personnel are dispatched. That senior officer shah provide direction to responding agency personnel as needed to carry out the mission assigned by the Coordinator. 11. It is mutually agreed and understood that this Agreement shah not relieve any party hereto of the responsibility for police protection within its own jurisdiction, nor docs this Agreement create any right in or obligation to third persons by any party hereto which would not ex~st in the absence of this Agreement. 12. Each of the parties hereto shall continue to provide the same salaries, compensation for death or disability, retirement and furlough payments, coat of transportation, and other normal fringe benefits to their employees who are assigned to render assistance to another other party pursuant to this Agreement as those employees would receive if on duty within the boundaries of the party by which they are employed. Costs of equipment, supplies, and materials used or expended, and reasonable subsistence expenses incurred while rendering assistance under this Agreement will be borne by the party requesting such assistance .and authorizing the use of said equipment, supplies, materials, and reasonable subsistence expenses. :" 13...'. It is agreed that this Agreement for mutual aid shah constitute the sole consideration for the performance hereof, and no party hereto shall be obligated to reimburse any other for use of manpower. Each party hereto shall protect its own employees performing under this Agreement by adequate Workers' Compensation insurance or self insurance. Each party hereto shall obtain and maintain in full force and effect adequate pubic liability and property damage insurance or self insurance public liability and property damage insurance or self insurance to c6ver claims for injury to persons or damage to property ar~;ng from the performance of this Agreement. Each jurisdiction shah be responsible for the acts of its own employees. 14. Persons arrested by officers whose services are being provided to another agency requesting their service shah be deemed, for aH purposes including provision of medical care as required by law, to he in the custody of the agency which requested the assistance under this Agreement. Mid. W'dlamette Valley Police Mutual Aid Agreement General Conditions, 6/1191 - Page 2 I0(_. , 15. It is expressly understood that this Agreement does not cover the use of special incident teams such aa Special Weapons and Tactics (SWAT), Hostage Negotiations, and Hazardous Devices. Deployment of such special teams to assist another agency must be pursuant to a separate agreement. 16. The term of this Agreement shall be perpetual, subject to the right of any party to withdraw aa provided herein. These General Conditions may be modified at any time by mutual consent of all agencies who are then parties hereto. Any party to this Agreement may withdraw at any time on thirty (30) days written notice to the Chief of Police of the City of Salem. Thereafter this Agreement shah continue to exist among the remaining parties. Any party hereto may be excluded from this Agreement upon thirty (30) days written notice executed by at least a majority of the agencies who are then parties hereto. Upon withdrawal or exclusion of a party, the Chief of Police of Salem shall give prompt written notice of such act to the chief officers of all remaining parties. 17. It is expressly declared to be the intention of each party signatory hereto that its participation in this Agreement is not dependent on the participation of any other law enforcement agency, whether or not already a party hereto. 18. The parties hereto and each of them agree that all mutual aid agreements existing between them, to the extent that said agreements cover the same matters covered herein, are hereby canceled and shall be of no further force or effect. 19. Any law enforcement agency eligible as described in paragraph 1 of these General Conditions may become a party to this Agreement by appropriate action of its governing body or other official or body having the authority to enter into intergovernmental agreements on behalf of the agency, causing two copies of an Agreement in the form attached hereto aa Exhibit A to be signed on its behaff by its duly authorized official or officials, and delivering both copies to the Chief of Police of the City of Salem. Upon such delivery the Chief of Police of Salem shall transmit one original to the Superintendent of the Oregon Department of State Police, keep the other on file, 9.c. knowledge receipt in writing to the agency, and notif~ all other parties of the addition of such =hgency aa. a party. - End of General Conditions - Mid-W'dlamette Valley Police Mutual Aid Agreement General Conditions, 6/1/91. Page 3 COUNCIL BILL NO. 1308 RESOLUTION NO. A RESOLUTION APPOINTING FRED KYSER, MAYOR, AS ADMINISTRATOR PRO TEM; DECLARING THE COUNCIL'S INTENTION TO APPOINT A FULL-TIME ADMINISTRATOR; AND INCREASING THE SALARY OF THE MAYOR DURING HIS TENURE AS ADMINISTRATOR PRO TEM. - WHEREAS, the City Administrator has resigned effective June 28, 1991, and WHEREAS, the Charter of the City of Woodburn requires that the Council appoint an administrator pro tern to serve until a full-time administrator is appointed, and WHEREAS, the Charter also requires that the Council adopt a resolution declaring its intention to appoint a full-time administrator, and WHEREAS, the Mayor has agreed to serve as administrator pro tern until a full- time administrator is appointed, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: SECTION 1. That Fred W. Kyser, Mayor, is hereby appointed administrator pro tem effective July 1, 1991 and shall serve in this capacity until the Council appoints a full- time administrator. SECTION 2. administrator. SECTION 3. month during the period that he acts as administrator pro tem. Approved as to form:~"~ .~- ~'~~'~~ City Attorney That the Council hereby declares its intention to appoint a full-time That the salary of the Mayor is hereby increased to $1,050.00 per Date APPROVED: FRED W. KYSER, MAYOR Page 1 - COUNCIL BILL NO. 1308 RESOLUTION NO. COUNCIL BILL NO. 1309 RESOLUTION NO. A RESOLUTION ADOPTING PROCEDURES FOR HIRING A NEW CITY ADMINISTRATOR AND SCHEDUMNG A PUBLIC HEARING. WHEREAS, the City Administrator has resigned effective June 28, 1991, and WHEREAS, the City Council, by Council Bill No. 1308, has declared its intention to appoint a full-time administrator, and WHEREAS, it is necessary to adopt procedures for hiring the new administrator, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: SECTION 1. That the Council authorizes an advertisement to be published concerning the nature of the position as follows: City Administrator - Woodburn, Oregon (14,000) Salary dependent on qualifications, $40,000 - $50,000. 4 administrators since 1968. $12 million annual budget; 110 employees. BA/BS in business, public administration, or related degree and 5 years of managerial experience in full-service city. Emphasis on public relations, finance, and administration. Send resume to the Mayor's Office, 270 Montgomery Street, Woodburn, Oregon 97071. Closing date: JULY 31, 1991. ' - SECTION 2. That the Council will accept applications for the administrator position and directs that letters acknowledging receipt of resumes be sent to prospective applicants. SECTION 3. That three members of the Council, Richard Jennings, Don Hagenauer, and Elida Sifuentez, with the assistance of the Mayor, are charged with the responsibility of screening applications for the position until they have been reduced to 12 in number. SECTION 4. That after the applications are reduced to 12 in number, the Council ehall appoint seven citizens to assist the Mayor and members of the Council in selection finalists for the position. The Mayor and Council shall meet with assistance from these designated citizens until the applications are reduced to 5 finalists. PAGE I - COUNCIL BILL NO. 1309 RESOLUTION NO. SECTION 5. That the Mayor and Council shall select from the 5 finalists for the position, the new city administrator. SECTION 6. That June 24, 1991, at 7:00 p.m. is hereby designated as the time set for a public hearing to hear comments concerning the employment of the administrator. At the scheduled time, members of the public shall be allowed to express their views on the hiring process. 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 A'I-rEST: Mary Tennant, Deputy Recorder City of Woodburn, Oregon PAGE 2 - COUNCIL BILL NO. 1309 RESOLUTION NO. COUNCIL BILL NO. 1310 RESOLUTION NO. A RESOLUTION AUTHORIZING A LEASE AGREEMENTWITH MARION COUNTY FOR A COUNTY BUILDING INSPECTION OFFICE IN CITY HALL WHEREAS, ORS 190.010 authorizes units of local government to enter into cooperative agreements for the performance of functions and activ'~ies to better serve the public; and WHEREAS, ORS 271.390 authorizes counties and cities to enter into lease agreements for conducting business of said bodies; and WHEREAS, it is in the public interest to locate a field building inspection office of Marion County in Woodbum for the convenience of area residents and coordination with city staff; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: SECTION 1. That the Mayor and Deputy City Recorder are authorized to sign and execute a "Building Lease" agreement with Marion County, a copy of whi? is att~;hed for reference..~'~ ~ ~.~/0~/¢ Approved as to form. ~,, City Attorney Dat~ APPROVED: FRED W. KYSER, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder A'I-rEST: Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page!. - COUNCIL BILL NO. 1310 RESOLUTION NO. BUILDING LEASE THIS LEASE AGREEMENT, made and executed this ~ day of ,19 , by and between the CITY OF WOODBURN, a municipal corporation (hereinafter referred to as 'Landlord'), and MARION COUNTY, a political subdivision of the State of Oregon (hereinafter referred to as 'Tenant'). WITNESSETH: In consideration of the rent hereinafter specified and the covenants, terms and conditions hereinafter contained, the parties agree as follows: 1. PREMISES. Landlord hereby leases and demises to Tenant, and Tenant hereby leases from Landlord on the covenants, terms and conditions hereinafter set forth, those premises situated in the City of Woodburn, et County of Marion and State of Oregon, located for reference in the basement area, City Hall, 270 Montgomery Street, Woodburn, Oregon 97071. PURPOSE Said premises shall be utilized by Tenant for the operation of a building inspection branch office on behalf of the Marion County Building division and for no other purpose without the written consent of Landlord being first obtained. 3. TERM OF LEASE. The term of this lease shall be ten (10) years, commencing on the first day of July, 1991, unless · 0 ~Tenant shall have occupied the premises and commenced its normal business operation on an earlier date, in which case this lease shall commence on such date. Notwithstanding any other term of this lease, either party may terminate this lease with or without cause and without penalty to either party upon one hundred twenty (120) days written notice. RENT. Tenant shall pay rent at a rate of $0.60/sq.ft per month, on or before the first day of each calendar month, except that if the obligation to pay rent commences on other than the first day of a calendar month, pro rata adjustment of such rent shall be paid, based on a thirty (30) day month. For subsequent years, beginning Janua~/1, 1994, the amount of rent payable will be adjusted not more than 10 percent or less than 6 percent, based on the latest Portland Consumer Price Index available at the beginning of each year. Be Co Tenant may prepay all or any portion of the rent. If this lease is terminated for any reason, Landlord shall immediately refund to Tenant any rent paid by Tenant but not yet earned by Landlord. Rent will be adjusted with the construction credit referenced in Section 7 of this agreement until such reimbursable credit for construction costs are exhausted. Page I - BUILDING LEASE 5o USE OF PREMISES. A. Tenant will not make any unlawful, improper or offensive use of the premises; and will not suffer any strip or waste thereof and will not permit any unlawful noise or odor to escape or to be emitted from the premises or do anything or permit anything to be done upon or about the premises in any way tending to create a nuisance; and will not sell or permit to be sold any alcoholic liquors on said premises, excepting such as Tenant may be licensed by law to sell and as may be herein expressly permitted. B. Tenant will not allow the leased premises at any time to fall into such a state of repair or disorder as to increase the fire hazard thereon; and shall not install any power machinery (other than normal office/business equipment) on said premises except under the supervision and with written consent of the Landlord; and shall not store gasoline on said premises at any time; and w~l not unlawfully use said premises in such a way or for such a purpose that the fire insurance rate on the building in which said premises are located is thereby increased or that would prevent Landlord from taking advantage of any rulings of any agency of the state in which said leased premises are s'~uated or its successors, which would allow Landlord to obtain reduced premium rates for long-term fire insurance C. Tenant shall comply, at Tenant's expense, with all laws and regulations of any municipal, county, state, federal or other public authority respecting the use of the premises. D. Tenant shall regularly occupy and use the premises for the conduct of Tenant's lawful purpose, and shall not abandon or vacate the premises for more than ten days without written notice to Landlord. Landlord shall pay for all heat, light, power, and other services or utilities used in the above- described premises. TENANT'S REPAIRS AND IMPROVEMENTS. A. Tenant shall, at Tenant's expense during the term of the lease, maintain and keep the premises in good order, including all interior and exterior doors, replace all cracked or broken glass windows and doors of the premises; repair all holes in the interior surface of the walls and floor of the premises; repair all interior sewer and water plumbing; and repair any damage to portions of the building outside the premises which is caused by Tenant's act or omission. Tenant further agrees to make no alterations, additions or improvements to or upon the premises without obtaining the prior written approval of Landlord. Landlord shall not unreasonably withhold such approval. B. In order to facilitate the initial location and accommodation of Tenant's building inspection branch ofrm, e in the basement of City Hall, Tenant agrees to make such changes, alterations or improvements as may be necessary to ffi the premises for such use; and all permanent building fixtures and building improvements of every kind installed by Tenant shall remain the property of Landlord. In consideration of Tenant's construction cost Landlord agrees to credit said construction costs applicable to permanent building fixtures and improvements against the rent owed in Section 4 of this agreement. In no Page 2 - BUILDING LEASE o 10. 11. case shall this credit be converted into cash payable to Tenant, even at termination prior to exhaustion of the credit. LANDLORD'S MAINTENANCE OF PREMISES Landlord agrees to maintain dudng the term of this lease the exterior walls, roof, and foundation of the building in which premises are situated and the paved parking areas, paved street access, andto maintain in good order and repair the heating, interior wiring, and exterior plumbing and drain pipes to sewers or septic tanks. B Tenant shall permit Landlord to use and maintain pipes, ducts and conduits in and through the premises, and to erect the same, provided that Tenant's usable space is not unreasonably diminished and Tenant's use and enjoyment of the premises is not unreasonably interfered with and that Landlord shall repair and refinish the affected areas. C Landlord or Landlord's agents shall have the right to enter the promises, upon reasonable written notice, except in cases of emergency, when no notice shall be required, to examine the same and to make alterations, Improvements, repairs or additions as are required, provided Tenant's use and enjoyment of the premises is not unreasonably interfered with and that Landlord shall repair and refinish the affected areas and Landlord shall be allowed to take ail materials into and upon the premises as may be required for any such purposes without the same constituting an eviction of Tenant, in whole or in part. However, in the event that Tenant's business is unreasonably interfered with, Tenant may at its option recover through reduction, offset, deduction or abatement the pro rata portion of monthly rent paid for the period directly associated with the period that Tenant is unable to conduct its normal business operations. D If Landlord makes an emergency entrance to the premises under paragraph C above, the Landlord or his agent shall Immediately notify the Marion County Building Inspection Division. The Tenant accepts the premises as is. OF ASSIGNMENT. Tenant shall not assign, transfer, pledge, hypothecate, surrender or dispose of this lease, or any interest herein, sublet or permit any other person or persons whomsoever to occupy the premises. UENS. Tenant shall not, by reason of Tenant's acts or omissions, allow any lien of any kind, type or description to be placed or imposed upon the building in which said leased premises are situated, or any part thereof, or the real estate on which it stands. ICE, SNOW, RUBBISH AND DEBRIS. Landlord shall at ail times make reasonable efforts to keep the driveway, parking and sidewalks of the promises free and clear of ice, snow, rubbish and debris. Landlord shall not permit rubbish or debris to accumulate on the roof of said building so as to stop up or obstruct gutters or down spouts or cause damage to said roof. Landlord shall save harmless and protect Tenant against Page 3 - BUILDING LEASE IOF- 12, 13. 14. any injury, whether to Landlord's property or to any other person or property caused by Landlord's failure in this regard. OVERLOADING OF FLOORS. Tenant will not overload the floors of said premises in such a way as to cause any undue or serious stress or strain upon the building in which said premises are located, or any part thereof, and Landlord shall have the right, at any time, to call upon any competent engineer or architect whom landlord may choose and at Landlord's expense, to decide whether or not the floors of said premises, or any part thereof, are being overloaded so as to cause any undue or serious tress or strain on said building, or any part thereof, and in the event that the engineer or architect so called upon shall decide that in his. her opinion the stress or strain is such as to endanger or injure said building, or any part thereof, then and in that event Tenant agrees immediately to relieve said stress or strain, either by reinforcing the building or by lightening the load which causes such stress or strain in a manner satisfactory to Landlord. ADVERTISING. Tenant may use the outside walls of said premises for signs or devices to be attached thereto or suspended therefrom, for giving notice to the public that Tenant is using the premises for public purposes. Any signs or devices shall be reviewed by the Landlord pdor to installation. The Landlord shall not unreasonably withhold consent to installation, unless the signs or devices cause structural damage or violate building or sign codes. UABIMTY INSURANCE. Tenant is a serf-Insured entity for general liability claims under the provisions of the Oregon Tort Claims Act. Tenant agrees to and shall indemnify and hold harmless Landlord against any and all claims and demands arising from the negligence of Tenant, its officer, agents, or employees, and shall at Tenant's own expense defend Landlord against any and ail suits or actions arising · · (~ut ~f such negligence of Tenant, its officers, agents or employees, actual or alleged, and in ali appeals therefrom. 15. FIXTURES. All partitions, plumbing, electrical widng, and additions to or improvements upon said premises, whether installed by Landlord or Tenant, shall be and become a part of the building as soon as installed and the property of Landlord, provided that Tenant may elect to remove any or all movable partitions paid for or otherwise owned by Tenant. Ail fixtures placed in or upon the premises during the term of this lease, other than Tenant's business r~ures, shall at Landlord's option, become the property of Landlord, with the excepUon of those r~tures where proprietary title is vested in either the federal, state or county government. Tenant shall have the right to remove any furniture, movable personal property and business fixtures used by Tenant in the conduct of business on the premises prior to the expiration or termination of this lease. 16. DAMAGE BY FIRE OR CASUALTY. In the event of the destruction of the building in which said leased premises are located by fire or other casualty, either party hereto may terminate this lease as of the date of said fire or casualty, provided, however, that in the event of damage to said building by fire or other casualty Page 4 - BUILDING LEASE 17. 18. 19. to the extent of sixty (60) percent or more of the sound value of said building, the Landlord may or may not elect to repair said building, written notice of said election shall be given to Tenant within r~teen (15) calendar days after the occurrence of said damage; if said notice is not so given, Landlord conclusively shall be deemed to have elected not to repair; in the event Landlord elects not to repair said building, then and in that event this lease shall terminate with the date of said damage; but if the building in which said leased premises are located be but partially destroyed and the damage so occasioned shall not amount to the extent Indicated above, or if greater than said extent and Landlord elects to repair, as aforesaid, then Landlord shall repair said building with all convenient speed and shall have the right take possession and occupy, to the exclusion of Tenant, all or any part of said building in order to make the necessaxy repairs, and Tenant hereby agrees to vacate upon request, all or any part of said building in order to make the necessary repairs, and for the period of time between the day of such damage and until such repairs have been substantially completed, there shall be such an abatement of rent as the nature of the injury or damage and its interference with the occupancy of said leased premises by said Tenant shall warrant, and if the period of time should exceed ninety (90) days, then Tenant may elect to terminate this lease with written notice to Landlord, effective on the date of damage; however, if the premises be but slightly Injured and the damage so occasioned shall not cause any material interference with the occupation of the premises by Tenant, then there shall be no abatement of rent and Landlord shall repair said damage with all convenient speed. WANER OF SUBROGATION. Neither Landlord nor Tenant shall be liable to the other for loss arising out of damage to or destruction of the leased premises, orthe building or improvements of which the leased premises are a part or with which they are connected, or the contents of any thereof, when such loss is caused by any of the perils which are or could be included within or insured against by a standard form of fire insurance with extended coverage, including sprinkler leakage insurance, if any. All such claims for any and all loss, however caused, hereby are waived. Such absence of liability shall exist whether or not the damage or destruction is caused by the negligence of either Landlord or Tenant or by any of their respective agents, servants or employees. It is the intention and agreement of Landlord and Tenant that the rent reserved by this lease has been f'~(ed in contemplation that each party shall fully provide his own insurance protection at his own 'expense, and that each par[y shall look to its respective insurance carrier for reimbursement of any such loss, and further, that the insurance carriers involved shall not be entitled to subrogation under any circumstances against any party to this lease. Neither Landlord nor Tenant shall have any interest or claim in the other's insurance policy or policies, or the proceeds thereof, unless specifically covered therein as a joint insured. SURRENDER AT EXPIRATION. At the expiration of said term or upon any sooner termination thereof, Tenant will quit and deliver up said leased premises and all future erections or additions to or upon the same, broom-clean, to Landlord or those having Landlord's estate in the premises, peaceably, quietly, and in as good order and condition, reasonable use and wear thereof, damage by tire, unavoidable casualty and the elements alone excepted, as the same are now in or hereinafter may be put in by Landlord. A'I-rACHMENT, BANKRUPTCY OR DEFAULT. Provided, always, and these presents are upon these conditions, that (1) if Tenant shall be in arrears in the payment of said rent for a period of ten (10) days after the same becomes due, or (2) if Tenant shall fail or neglect to do, keep, perform or observe any of the covenants and agreements contained herein on Tenant's part to be done, kept, Page 5 - BUILDING LEASE 20. 21. 2. Bo performed and observed and such default shall continue for ten (10) days or more after written notice of such failure or neglect shall be given to Tenant, or (3) if Tenant shall be declared bankrupt or insolvent according to law, or (4) if any assignment of Tenant's property shall be made for the bener~ of creditors, or (5) if on.the expiration of the lease Tenant falls to surrender possession of said premises, then and in either or any of said cases or events, Landlord or those having Landlord's estate in the premises, may terminate this lease and, lawfully at Landlord's or their option, immediately or at any time thereafter, without demand or notice, may enter into and upon said premises and every part thereof and repossess the same as Landlord's former estate, and expel said Tenant and those claiming by, through and under Tenant and remove Tenant's effects at Tenant's expense, forcibly if necessary, and store the same, all without being deemed guilty of trespass and without prejudice to any remedy which otherwise might be used for arrears of rent or preceding breach of covenant. Any property which Tenant leaves on the premises after abandonment or expiration of this lease, or for more than ten (10) days after any termination of this lease by Landlord, shall be deemed to have been abandoned, and Landlord may remove and sell said property at public or private sale as Landlord sees f~, without being liable for any prosecution thereof or for damages by reason thereof, and the net proceeds of said sale shall be applied toward the expenses of Landlord and rent as aforesaid, and the balance of such amounts, if any, shall be held for and paid to Tenant, except that notwithstanding any other provision of this lease agreement, including but not limited to this section, any and all property by whatsoever description, which is now owned or may later be acquired and wherein proprietary title is vested in either the Government of the United States or the State of Oregon or any of their political subdivisions, and in that event Landlord may not take possession or seize, nor may Landlord liquidate said property at sale or otherwise, but shall notify said Government of the United States or the State of Oregon or any of the political subdivisions thereof and provide a reasonable opportunity for the property to be removed from the premises and the owner to take possession thereof, all other property excepted. HOLDING OVER. In the Event Tenant for any reason shall hold over after the expiration of this lease, such holding over shall not be deemed to operate at a renewal or extension of this lease, but shall only create a tenancy from month to month which may be terminated at will at any time by Landlord. WAIVER. Any waiver by Landlord of any breach of any covenant herein contained to be kept and performed by Tenant shall not be deemed or considered as a continuing waiver, and shall not operate to bar or prevent Landlord from declaring a forfeiture for any succeeding breach, either of the same condition or covenant or otherwise. NO~CE. Any notice required by the terms of this lease to be given by one party hereto to the other, shall be sufficient if in writing contained in a sealed envelope, deposited in the U.S. mail, certified mail with postage fully prepaid, and if intended for Landlord herein, then addressed to said Landlord at City of Woodburn, 270 Montgomery Street, Woodbum, Oregon 97071, and if intended for Tenant, then addressed to Tenant at Marion County Board of Commissioners, Marion County Courthouse, Salem, Oregon 97301. Any such notice shall be deemed conclusively to have been Page 6 - BUILDING LEASE IOF 24. delivered to the addressee thereof forty-eight (48) hours after the deposit thereof in said U.S. mail, certified. Either party may give the other party notice of its official address for the purposes of this paragraph. HEIRS AND ASSIGNS All rights, remedies and liabilities herein given to or imposed upon either of the parties hereto shall extend to, Inure to the bener~ of and bind, as the circumstances may require, the heirs, executors, administrators, successors and, so far as this lease is assignable by the term hereof, to the assigns of such parties. LEASE RENEWAL If this lease is not then in default, Tenant shall have the option to renew this lease for an additional period of r~/e (s) years each following the original term. The option shall be exercised by written notice given to Landlord not less than ninety (90) days prior to the expiration date of this lease. In the event Tenant elects to exercise this option, then the rental payment set forth in paragraph 4A and all other terms, conditions, stipulations, covenants and restrictions herein contained shall continue in full force and effect unless modified in writing by the parties and attached hereto as an amendment. B W"~h respect to the renewal period, Landlord shall have the right to car,~el the renewal option by written notice given to Tenant not less than one hundred eighty (180) days prior to the expiration date of the lease term. 25. AMENDMENT. This lease may be amended only upon written agreement signed by Landlord and Tenant, which shall be attached to this lease as an addendum. · ' I~l~c~nstruing this lease, it is understood that Landlord and Tenant may be more than one person; that if the context so requires, the singular pronoun shall be taken to mean and include the plural, the masculine, the feminine and the neuter, and that generally, all grammatical changes shall be made, assumed and implied to make the provisions hereof apply equally to corporations and to individuals. IN WITNESS WHEREOF, the respective parties have executed th~s instrument in duplicate on the day year first hereinabove written, any corporatior~ signature being by authority of its Board of Directors. LANDLORD: TENANT: BY: BY: FRED W. KYSER, MAYOR BY: MARY TENNANT, DEPUTY RECORDER BY: Page 7 - BUILDING LEASE MEMO TO: FROM: SUBJECT: City Administrator for Council Action Public Works Director Modification to City's C.I.P. Project Listing DATE: June 6, 1991 RECOMMENDATION: Accept modifications to City's C.I.P. Project Ustings for the preparation of systems development charge. BACKGROUND: In response to state law that requires a basis for all system development charges, City has hired a consultant to perform the specialized work and prepare the system development charge. The consultant has asked us to update the City's C.I.P. project listing and present it to Council for their approval. The need for modification comes from the fact that the City has gone through many changes since the adoption of C.I.P. project listing and regulatory agencies have placed many new constraints on the City. At present City needs to adopt project list modification in Water and Wastewater area. The changes in Street and Traffic area will be proposed at a future date. The modification listed below, if approved, will allow consultant to complete his work by the end of June. Modifications in Wastewater Area 1. Minor plant modification to meet current DEQ permit requirements. 1991 to 1993 - $250,000.00 Construction of new plant and major plant modification to meet future DEQ permit requirements. 1992 to 1995 - $20,000,000.00 to $40,000,000.00 B. Modifications to Water Area Water Disinfection Treatment Facility, 6 mgd. 1996 - $4,000,000.00+ Pump Controls 1993 - $60,000.00 It is requested that the City Council approve proposed modifications. TO WHOM IT MAY CONCERN We, the residents of Alexandra Court, have been informed of the plan to close our street on July 4th from 10am - 8pm and approve. We will be holding our 4th annual Independence Day party. The street will be "closed" using our own red cones. We also hope to borrow from the city and "Street Closed" sign. Access will be made for emergency vehicles and residents coming or going In the Court. TURN~%' 1420 Alexandra Ave. JAMES ! 43~/~/l exan~t · LIMA / 1415 Alexandra Ct. CROCKER ,59~ Alexandra Ct. "" MILLS~- lS75 Alexandra Ct. BUCHANAN 1450 Alexandra Ave. G~I GOR I EFF~ 1430 Alexandra Ct. 1~10 Al.x~andra Ct. 1400 Al exandra Ct. WEBB ?~96 Alexandra Ct. FOURTH OF JULY PARTY It's that time of year again .... and the planning for our neighborhood 4th of July Party has begun. As we have in years past, the street will be "close~' around 10:00 a.m. If you have a portable barbecue we would appreciate It if you could bring it to the end of the Court around 10:00. We'll start the grills about 11:30 and cooking should begin around 12 noon. With the $25 gift certificate we received for 2nd place In the X-mas Neighborhood Lighting contest we will be purchasing chicken and hot dogs & buns to Bar-B-O (if you would like to have something else please feel free)~ Please bring a side dish for all to share (i.e. salad, baked beans, etc.), your own plates and utensils and" your choice of drinks. Coolers will be located near the end of the Court with the tables and chairs.. After lunch we can sit and talk (or take a nap) and then gather again for dinner if you like (we always have plenty of food left over). Later that evening, as dusk approaches, we will gather at the end of the Court to set off fireworks for the "kids". If you'ld like to come, bring your sparklers/fireworks and join in with the "kids". Afterwards, the city will be putting on their fireworks display, you can jump in any pickup and we can go to fin~ a good place to view the excitement. If you have any suggestions or comments, please pass them on to either Anne Lima (981-4413) or 'Cheryl Mill (981-6212). HOPE TO SEE YOU THERE!!! TO: FROM: SUBJECT: DATE: City Council thru City Administrator For Information Public Works Program Manager ~ Bus Route Change June 4, 1991 Transportation Services is proposing changes to the route and fare structure of the transit system. Copies of the current and proposed routes are attached. The fixed route bus system currently operates hourly over an approximately 18 mile route throughout the City. The new route will eliminate hazards in the current route, provide a route that can more easily conform to published schedules and enhance service. The basic starting point for analyzing the route change was that four commercial areas would be served on each route. These four areas are: 1. Fairway Plaza 2. North Park Plaza 3. Mall 99 4. Downtown The remainder of the route time available would be utilized in areas of the community wher~,'hi~torically, the vast majority of system passengers have originated from. A large number of possible route combinations were devised and evaluated by transit staff. Two formalized ridership surveys and driver interviews were utilized to determine areas where ridership did not warrant continued service. Safety problems with turns and the length of the route were resolved. The addition of a second stop downtown on each route was considered vital in improving service levels. Following is a summary of major changes made with the route structure. Some areas were dropped from service due to Iow ridership. These were along Boones Ferry Road, along Highway 214 between Settlemier and Park, along Greenview and Cooley road, south of Cleveland Street and along Doud Street. Two dangerous turns were eliminated. The length of the route was shortened slightly to enhance route timing and allow short breaks (normally two to four minutes) for the driver as a safety measure. The new route will also stop at the Downtown Bus Shelter twice each route. This will allow passengers with business downtown to board a return bus after only an approximate 30 minute wait versus an hour currently. The possibility of serving only a portion of the community and alternating days was proposed. It was determined that the route would still have to be about 45 minutes long to serve all the commercial areas and enough residential area to provide access for passengers. The odd timing and alternate day operation would cause an excessive amount of confusion and eventually would result in decreased ridership. The reduction from one hour to 45 minutes that passengers would have to wa'~ for the bus to return would not be significant enough to warrant making this change. Stopping the bus downtown twice each hour will be a more advantageous change. We are proposing raising the fare to 75 ~ from the current 50 ~. This increase should provide enough revenue to meet budget projections and will be more readily accepted by riders than increasing it any further at this time. Transit planning factors indicate such an increase wold result in a 15 to 20 percent decrease in ridership. It is hoped that route enhancements will mitigate this impact somewhat. We are proposing that the price for a 20 ride pass increase from the current $8.50 to $12.50. This provides an approximate 15% discount over the regular fare. We are proposing raising the fee charged local merchants for the Ride Home Free Program from 35 ~ to 50 ~. This program allows passengers to validate a slip at a merchant and receive a free dde home when they present it to the bus driver. We have surveyed the major participants in the Ride Home Free Program and they have indicated they would continue to support this program with this change. We are also proposing to plan for an additional fare increase of 25 ¢ in Fiscal Year 1993 to $1.00. Commensurate increases in passes and Ride Home Free would go along with this increase. This will spread cost increases over two years and reduce ridership losses. Plans for this increase will be included in the Transit Development Program which is curre.n, tl.y. being revised. L~ o LLI Z STAFF REPORT TO: FROM: ~~ SUBJECT: DATE: Woodburn Mayor and City Council - Nevin Holly, Director Recreation and Parks Grant Proposal To Marion County Youth Services June 4, 1991 I am in the process of preparing a Grant Proposal on behalf of the City of Woodbum Recreation and Parks to the Youth Services Commission of Marion County. The application must be submitted to Marion County by Tuesday, June 18, 1991. The proposal is to provide a package of programs to Woodbum's teens from ages 13 years to 18 years. The program "Teen Pak'; as the application refers to, will greatly enhance leisure opportunities for Woodbum teens, as well as promote social well being among this group. The application will fill a void which is currently present in the community. Since arriving in Woodbum two years ago, this is the programming area where very few of the needs of this group are being met. This fact was further amplified when teens at Woodburn High School were interviewed by the Marion County Youth Services Team this past fall. The teens expressed a resounding sentiment that not e.n.ough leisure, outside of school social activities exist for Woodburn teens. The Teen Pak application will include components that deal with the needs of both Middle School and High School age children. The goal of the program is to provide social and leisure experiences which provide a diversion from alcohol and drugs, while at the same time being enjoyable and holistic in nature. Teen Pak will provide a recreational program known as Co-Rec for the 6th, 7th and 8th grade students. Co-Rec will provide after school programming at French Prairie Middle School. The after school program will provide open supervised recreation as well as limited school work assistance. The program will also sponsor ten Co-Rec drug/alcohol free dances through the course of the school year and four special event outing. This program is modeled after a similar program which I headed up as Teens Supervisor for the City of Torrance some ten years ago. The second component of the Teen Pak application will involve programming for High School age youth. Three evenings a week, Tuesday, Wednesday and Thursday at the Community Center from 6:00pm to 9:00pm will be teen evenings at the Community Center. The teen evenings will provide leisure space for teens to go in the evening to socialize, as well as have areas set aside for homework or limited counseling. It is my feeling no such social outlet space now exists for teens in the community. Also, as part of the Teen Pak proposal are several High School drug/alcohol free teen dances. Finally, the Teen Pak program will be brought together with the formation of a Woodbum Youth Council. The Youth Council would serve as advisory group to not only Teen Pak programs, but also serve as a voice for the youth in the community. The Youth Council could actually serve as an appointed body of the Woodbum City Council, as is common in many communities, or could simply be a group which operates through the Woodbum Recreation and Parks Department, in either case a full time leisure staff member would serve as the liaison to the Youth Council. The current grant application is requesting $56,000.00, however I feel it may come in a lesser amount. There is no match for this program other than staff time and building allocation. The project has received the endorsement of the Woodburn School District. The Woodbum School District has given permission to utilize School facilities free of charge for this program.. The Grant will be submitted by June 18th. A review will take place in late June and the funded projects will be notified in July. Programs may commence as early as August 1, 1991, however our program could commence with the opening of the 1991-92 school year in September. It is my feeling this project, if funded, would make a major contribution to the teens of our community. NH:swp