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Agenda - 08/26/1991 AGENDA WOODBURN CiTY COUNCIL AUGUST 26, 1991 - 7:00 P.M. CALL TO ORDER AND FLAG SALUTE ROLL CALL MINUTES A. City Council minutes of workshop of July 29, regular meeting of August 12, special August 15, 1991. B. Park Board minutes of July 16, 1991. APPOINTMENTS AND ANNOUNCEMENTS 3A 3B m o COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn Comeback Campaign COMMUNICATIONS A. Written - None BUSINESS FROM THE PUBLIC (This allows public to introduce items for Council consideration not already scheduled on the agenda.) PUBLIC HEARINGS A. 1991-92 Supplemental Budget Hearing. B. Economic Development Grant & Loan for Wastewater Infrastructure Improvements. C. Informational Public Hearing - System Development Fee. D. Zoning Ordinance amendment - Corner lots. TABLED BUSINESS 8A 10. GENERAL BUSINESS A. Council Bill No. 1326 - Ordinance amending nuisance ordinance requiring toilet facilities on construction job sites. 10A Page 1 - Woodburn City Council Agenda, August 26, 1991 B. Council Bill No. 1329 - Ordinance adopting 1991-92 supplemental budget. 10B Co Fo Council Bill No. 1330 - Ordinance authorizing Economic Development Grant/ Loan for infrastructure project. 10C Council Bill No. 1331 - Resolution authorizing execution of agreement in lieu of an L.I.D. for sewerage improvements. 10D Council Bill No. 1332 Resolution authorizing limited parking and loading zones in selected downtown areas. Council Bill No. 1333 Zoning Ordinance amendment regarding setback distance for fences on corner lots. 10E 10F 11. 12. 14. k Contract Award - Sewer System Improvements 1. Bore and pump stations 10G1 2. Pump station (mechanical) and force main 10132 3. Council Bill No. 1334 - A resolution authorizing CH2M-HILL agreement. 10Gl3 Council Bill No. 1335 - Resolution approving agreement with State of Oregon and Wal-Mart for installation of traffic light. 10H Easement adjustment on Settlemier near Park. 101 Acceptance of waterline and sewerline easement in Industrial Park. 10J Sale of surplus property - wastewater clarifiers from old wastewater plant.10K APPROVAL OF CLAIMS PUBLIC COMMENT NEW BUSINESS 15. SITE PLAN ACTIONS 16. 17. STAFF REPORTS A. Investment Report. 16A B. Transportation Project. 16B C. Norcom Enhanced 911 Conversion. 16C MAYOR AND COUNCIL REPORTS 20. ADJOURNMENT Page 2 - Woodburn City Council Agenda, August 26, 1991 COUNCIL WORKSHOP MINUTES July 29, 1991 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, July 29, 1991. 0003 CONVENED. A workshop was held at 6:30 p.m. with Mayor Kyser presiding. 0005 ROLL CALL Mayor Kyser Present Councilor Figley Present Councilor Galvin Present Councilor Hagenauer Absent Councilor Jennings Absent Councilor Sifuentez Present (6:35 pm) Councilor Steen Absent Staff Present: Public Works Director Tiwari, Asst. City Engineer Morrison, Park Director Holly, Public Works Manager Rohman, Deputy Recorder Tennant 0015 SYSTEM DEVELOPMENT CHARGES. Public Works Director Tiwari reviewed the concept of water and sewer connection fees and development fees for parks and recreation. In the past, the City has used connection fees for capital improvements rather than for operational purposes. Under a state law enacted in 1989, ORS 223.299, the City is required to adopt policies, procedures, and connection fees relating to system development charges imposed for Water, Sewer, and Park & Recreation capital improvements. In order to comply with the law which took effect on July 1, 1991, the City contracted with Henderson, Young, & Co. to review the City ordinances and to provide proposed revisions which would meet the necessary state law requirements. 0178 Don Gainer, consultant representing Henderson, Young & Co., reviewed the document prepared by his firm which includes the methodology in arriving at the maximum allowable charges for Water, Sewer, and Park & Recreation system development fees. He stated that the development fee concept is that growth pays for the cost of growth or for at least a portion of it. The state law requirement would set a limit on how much growth would pay under the maximum allowable charge as determined by the governing body through the adoption of an ordinance which sets out the method in which those charges are assessed. He reviewed each section of the document in detail and answered questions from the Council and audience. Page 1 - Council Workshop Minutes, July 29, 1991 TAPE READING 2014 28O0 Tape 2 0025 COUNCIL WORKSHOP MINUTES July 29, 1991 Following the presentation made by Mr. Gainer, Park Director Holly provided additional information to the Council on the proposed method of establishing charges and the use of donated land credit in lieu of cash. During a discussion period on the document, it was noted that over estimation of future capital improvement costs could result in a refund to a developer(s) if the connection fee exceeded the maximum allowable charge. Since this workshop dealt with the method of establishing charges, the staff advised the Council that another meeting would be held to discuss actual charges to assess developers for new Water, Sewer, and Park & Recreation connection fees. ADJOURNMENT. The workshop adjourned at 8:03 p.m.. APPROVED FRED W. KYSER, MAYOR ATTEST Mary Tennant, Deputy Recorder Page 2 - Council Workshop Minutes, July 29, 1991 TAPE READING .0001 0003 0014 0022 0031 COUNCIL MEETING MINUTES August 12, 1991 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 12, 1991. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kyser presiding. ROLL CALL Mayor Kyser Present Councilor Figley Present Councilor Galvin Present Councilor Hagenauer Absent Councilor Jennings Present Councilor Sifuentez Present Councilor Steen Present Staff Present: City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Finance Director Gritta, Library Director Sprauer, Park Director Holly, Police Lt. Null, Public Works Manager Rohman, Deputy Recorder Tennant. MINUTES. JENNINGS/FIGLEY... approve the Council minutes of July 22, 1991; accept the Planning Commission minutes of July 25, 1991, the Downtown Association minutes of July 23, 1991, and the Library Board minutes of July 24, 1991. The motion passed unanimously. FARMWORKER HOUSING DEVELOPMENT CORPORATION REPORT. Mayor Kyser commended the Board members for their work in addressing farmworker housing needs. He stated that the necessary papers have been filed for a non-profit corporation status which would allow the corporation to apply for state/federal loans and/or grants. Alma Grijalva, Secretary, requested a letter from the Council in support of the Corporations goals and objectives which will be forwarded to the Oregon Housing Agency. She also stated that the corporation intends to have a very strict property management program to insure that the homes and/or rental units will be an asset to the community. Board members have been working on the formation and preparation of the housing report document since December 1990. It was the consensus of the Council to authorize a letter in support of the program. Page 1 - Council Meeting Minutes, August 12, 1991 COUNCIL MEETING MINUTES August 12, 1991 TAPE READING 0232 REGIONAL FUELS TAX MEETING. An informational meeting has been scheduled for Tuesday, August 27th, 7:30 p.m. at the Salem Library for the purpose of discussing a Marion and Polk County regional fuels tax issue. Mayor Kyser suggested Council involvement on this issue by attending the informational meeting. 0254 CHAMBER OF COMMERCE REPORT. Marlis Peterson, representing the Chamber of Commerce, reminded the Council of the Ag Tour scheduled for August 27th and of the Annual Golf Tournament scheduled for September 7th. 0290 Glenda Wright questioned what kind of guarantee that the homes under the Farmworkers Housing Corp. proposal would not be similar to the current Iow- income housing within the City. Several Councilors stated that they felt that the homes under the corporation's control would be kept within an acceptable standard. They suggested that she discuss this issue with members of the board present at the meeting. 0371 COUNCIL BILL 1326 - ORDINANCE AMENDING ORDINANCE 1616 (NUISANCE ORDINANCE).. Council Bill 1326 was introduced by Jennings. The two readings of the bill were read by title only since there were no objections from the Council. Discussion was held regarding the number of toilet facilities at the construction site in relationship to the number of employees. Staff will contact other local jurisdictions to see if there is a common standard used to determine the number of required toilet facilities. The bill will be brought back at the next regular meeting. 0467 COUNCIL BILL 1327 - RESOLUTION AUTHORIZING PREPARATION AND EXECUTION OF A LAND SALE CONTRACT WITH ROBERT SAWTELLE POR 0513 PURCHASE OF MUSEUM BUILDINGS. Councilor Jennings introduced Council Bill 1327. since there were no objections from the Council. passage, Council Bill 1327 passed unanimously. duly passed. The bill was read by title only On roll call vote for final Mayor Kyser declared the bill ACCEPTANCE OF STORM DRAIN EASEMENT ALONG ON ELM STREET. The staff recommended the acceptance of a 16 foot storm drain easement from Efrem Anfilofieff. JENNINGS/FIGLEY ....accept the easement as indicated on the map. The motion passed unanimously. Page 2 - Council Meeting Minutes, August 12., 1991 COUNCIL MEETING MINUTES August 12, 1991 TAPE READING JENNINGS/FIGLEY ....accept the easement as indicated on the map. The motion passed unanimously. 0527 ACCEPTANCE OF EASEMENT FOR SEWER PUMP STATION. The staff recommended the acceptance of an easement from Pioneer Trust Bank as Trustee for John N. Hooper, for the placement of the new sewer pump station. JENNINGS/FIGLEY ....accept the easement from Pioneer Trust Bank. The motion passed unanimously. 0540 ACCEPTANCE OF EASEMENT FOR SANITARY SEWER LINE. The staff recommended the acceptance of a sanitary sewer line easement from Pioneer Trust Bank as Trustee for John N. Hooper. JENNINGS/FIGLEY... accept the easement from Pioneer Trust Bank. The motion passed unanimously. 0554 ACCEPTANCE OF STORM DRAIN EASEMENT FROM PORTLAND GENERAL O609 0618 ELECTRIC. Public Works Director Tiwari stated that this easement was necessary as part of the storm drain project near Progress Way and Mt. Hood Avenue. To obtain the easement, the property owners participating in the project will pay Portland General Electric approximately $10,000. JENNINGS/FIGLEY .... accept the storm drain easement from Portland General Electric as indicated on the map. The motion passed unanimously. BID AWARD - PICKUP FOR WATER DEPARTMENT. Bids for a half-ton heavy duty pickup were received from the following vendors: Hershberger Motors, $10,614.23, and Bruce Landsem, $11,349.00. JENNINGS/SIFUENTEZ... accept the Iow bid from Hershberger Motors in the amount of $10,614.23. The motion passed unanimously. FUNDING SOURCES FOR WEST WOODBURN PUMP STATION REPLACEMENT AND SEWERLINE CONSTRUCTION PROJECT. Public Works Director Tiwari provided the Council with a status report on the project costs and funding sources. In a recent meeting with the State Economic Development Department, additional grant funds of $33,000 and loan funds of $326,000 will be made available to the City with the terms of repayment similar to the existing loan terms. The State is giving the City the maximum grant allowable and assisting with other temporary funding sources in order to complete the project. The August 26th Council meeting has been advertised as the date and time for receiving public input on the additional grant and loan funds. Page 3 - Council Meeting Minutes, August 12, 1991 TAPE READING .1069 1114 1150 1254 1454 COUNCIL MEETING MINUTES August 12, 1991 Director Tiwari stated that he has additional meetings scheduled with the benefitted property owners to obtain necessary commitments to repay their fair share of the increased costs. The City has also received a letter from the Iow bidder, Pipe Tech Inc., to extend the contract acceptance date to August 29, 1991. JENNINGS/FIGLEY .... authorize the staff to proceed with continuing the necessary negotiations with State officials and benefitted property owners. The motion passed unanimously. EXECUTIVE SESSION. At 7:35 p.m., the Council adjourned to executive session under the authority of ORS 192.660(1)(d) to conduct deliberations with persons designated by the governing body to negotiate real property transactions. The Council reconvened the meeting at 7:55 p.m.. For the record, City Attorney Shields stated that no final action was taken by the Council as a result of the executive session. Wendall Tamburro, 1730 Vanderbeck Lane, expressed his opposition to the Council's action to sell the Grace Village property site rather than accepting the grant monies for the Plaza de Sol project. TRANSPORTATION PLANNING PROJECT. An informational memo from the Planning Commission was briefly discussed by the Council. Community Development Director Goeckritz stated that the Commission have been holding workshops on this issue and are taking an active role in developing a new transportation plan. The Commission also expressed their support of the Planning staff to work with the State Highway Department in creating a computerized transportation model for Woodburn as a part of the plan. OREGON LIQUOR CONTROL COMMISSION SIX MONTH COMPLIANCE PLAN 1580 REVIEW. Lt. Null provided the Council with a status report on the five establishments currently under an OLCC compliance plan. Calls for service have been reduced and business owners have been cooperative with the department. Councilor Sifuentez stated that she was impressed with the OLCC Compliance report and the cooperation which exists between business owners and the City. Page 4 - Council Meeting Minutes, August 12, 1991 TAPE READING 1608 1652 1675 1697 COUNCIL MEETING MINUTES August 12, 1991 Councilor Figley expressed her appreciation to those individuals who have contributed to the increased dialogue in addressing Iow-income housing needs. Councilor Jennings suggested that a workshop be scheduled with the Farmworkers Housing Development Corporation to discuss the housing report and timelines in which to accomplish their goals. Mayor Kyser advised the Council that the review process for selection of a new City Administrator will begin on Thursday, August 15th. ADJOURNMENT. The meeting adjourned at 8:13 p.m.. APPROVED FRED W. KYSER, MAYOR ATTEST Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page 5 - Council Meeting Minutes, August 12, 1991 TAPE READING Executive Session COUNCIL MEETING MINUTES August 12, 1991 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 12, 1991. CONVENED. The Council met in executive session at 7:40 p.m. with Mayor Kyser presiding. ROLL CALL. Mayor Kyser Present Councilor Figley Present Councilor Galvin Present Councilor Hagenauer Absent Councilor Jennings Present Councilor Sifuentez Present Councilor Steen Present Staff Present: City Attorney Shields, Park Director Holly, Deputy Recorder Tennant. Press: Niki DeBuse, Woodburn Independent The Council met under the authority of ORS 192.660 (1)(d) to conduct deliberations with persons designated by the governing body to negotiate real property transactions. Park Director Holly briefly discussed a proposal to purchase park property. ADJOURNMENT. The executive session adjourned at 7:50 p.m.. APPROVED FRED W. KYSER, MAYOR ATTEST Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page 1 --Executive Session, Council Meeting Minutes, August 12, 1991 TAPE READING 0001 0003 0019 0021 SPECIAL COUNCIL MEETING MINUTES August 15, 1991 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 15, 1991. CONVENED. The Council met in a special meeting at 3:00 p.m. with Mayor Kyser presiding. ROLL CALL. Mayor Kyser Present Councilor Figley Absent Councilor Galvin Present Councilor Hagenauer Absent Councilor Jennings Present Councilor Sifuentez Present Councilor Steen Present Staff Present: City Attorney Shields, Public Works Director Tiwari, Deputy Recorder Tennant. COUNCIL BILL 1328 - RESOLUTION AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT FOR THE CONSTRUCTION OF CERTAIN 0O72 PUBLIC IMPROVEMENTS. Council Bill 1328 was introduced by Councilor Jennings. The bill was read by title only since there were no objections from the Council. The development agreement involved the following property owners: Pioneer Trust Bank as trustee for John N. Hooper, Wal-Mart Stores Inc., KLAW Holdings, and George Brice III and Prairie Corporation. On roll call vote for final passage, Council Bill 1328 passed unanimously. Mayor Kyser declared the bill duly passed. ADJOURNMENT. The meeting adjourned at 4:33 p.m.. Approved Fred W. Kyser, Mayor Attest Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page 1 - Special Council Meeting Minutes, August 15, 1991 MINUTES WOODBURN RECREATION AND PARKS BOARD REGULAR MEETING WOODBURN COMMUNITY CENTER JULY 16, 1991 CALL TO ORDER The Meeting was called to order at 7:05 by Chairman Andy Yanez. ROLL CALL Members Present: Andy Yanez, Sue FoFana-Dura, Lynda Hamilton, Barbara Rappleyea, Larry Watson, David Ott. Members Absent: Jack Mitchoff Staff present: Nevin Holly, Director, Shirley Pitt, Secreta~ and John Pitt, Parks Superintendent. MINUTES The Minutes of June 18, 1991 Recreation and Parks Board Meeting were presented for approval. MOTION: L. WATSON: Moved to approve the June 18, 1991 Recreation and Parks Board Minutes as presented. D. OTT: Seconded the Motion. Motion passed unanimously. ADOPTION OF AGENDA The Agenda for the July 16, 1991 Recreation and Parks Board Meeting was presented for addition, deletion or approval. MOTION: D. o'n': Moved to adopt Agenda as presented. B. RAPPLEYEA: Seconded the Motion. Motion passed unanimously. SWIM POOL REPORT Swim Pool Manager Renee Boeckman was unable to attend the Meeting and submitted a written report for June and July (attached). In her Memorandum she thanked Larry Watson for his part in obtaining gang information for her staff. Larry told the Board that Roger Wilder from MacLaren was the chief spokesman at the meeting and while he appreciated the thanks, Roger should be recognized for his part in the training. Secretary to make an appreciation award for him. SYSTEMS DEVELOPMENT PRELIMINARY REPORT As a result of a legislative bill, which became law on July 1, 1991, cities are now required to go a step further in justifying its Systems Development charges.The City of Woodbum, in an effort to keep up with these changes has contracted with Henderson and Young, a firm out of Beaverton which specializes in Systems Development. This firm has been analyzing the current System Development Fee Structure and is expected to submit its final findings to the Council soon. Nevin reported that he has been in touch with a staff member of Henderson and Page-2- Recreation and Parks Board Minutes JuN 16,1991 Young on our Parks Development Systems. The company representative has also been working with the Public Works Department in updating their development charges as they relate to water and sewer hook up fees. The preliminary report which was reviewed last week, indicates there will be a recommended change in tho methodology of composing our Dedication Ordinance and will probably require an entirely new Ordinance be drafted. The report is going to use a formula which assumes a certain standard at which the current Park System is currently operating under. The entire Park inventory was examined as part of this report and actual replacement costs for both its land inventory, as well as physical apparatus were taken into account. The final finding of this report will probably be presented to City Council in August. The Director told the Board he would keep them informed as to Council action. CAPITAL IMPROVEMENTS/SUPPLEMENTAL BUDGET Additional revenues are being realized from the Parks Dedication Ordinance due to increased development in the community. The Director reported he estimates Parks will receive approximately $30,000 from dedication fees this year. This will be coupled with an estimated carry-over of $8,000 of expendable project money. Nevin asked for Board input on a basic philosophy in regards to dedicated Capital Funds. He needed to know if the Board felt that Capital Projects are of such immediate need that such funds should be expended within each budget calendar?. Or do they feel that perhaps 50% of all dedicated funds should be reserved for major projects? This should be discussed at length at the next meeting and the Director requested the Board give considerable thought into these expenditures before the next meeting. Because of these increased revenues that are being generated by increased development it is necessary that a supplemental budget, which is required by law, be submitted to the Council. WEST WOODBURN PARK DEDICATION A few names are still coming into the office for the naming of West Woodbum Park. August 12th is the final day to accept names and the Board will be selecting a name at the next Board Meeting. September 12th the dedication will be held at West Woodbum Park. 4TH OF JULY CELEBRATION Director Holly, following up on a request by Board Member Larry Watson, said he that while he would like to see our Department assist with the celebration he would prefer to stay out of the fund raising portion of the event as well as the Fireworks. Parks would be capable of running events at Legion Park, including food booths, games in a pic-nik type atmosphere. It would be extremely necessary for the Board to be active in this, as due to cut-backs in both Maintenance and Recreation we would not have enough people power to do it with staff alone. Before any decision is made regarding who does what the Director will check with the Comeback Committee and Don Eubanks to see what they have planned. Sue FoFana-Dura asked that when considering the 4th of July celebration, a Fun Run should also be considered. Page -3- Recreation and Parks Board Minutes July 16, 1991 10. 11. 12. MUSEUM STATUS REPORT The Woodbum World Berry Museum is having a contract drawn up between The City of Woodbum and Mr. Robert Sawtelle. The terms of the Contract are $10,000 down and six equal payments of $5,000 each, interest free. No City Tax Dollars are to be involved in the purchase of these buildings. As of July 1st we, as a Department, are no longer involved in the operational expenses of the Museum. For the past 4 years Parks has had a Line Item identified in their budget which assisted the Museum with operational expenses. This Une Item has now been eliminated from the Budget and the Museum is independently going to pay ali its operational expenses. The Council agreed to signing the contract with Mr. Sawtelle at the July 8th Meeting. The Director reported that the Museum is doing very well and has now opened an Ice Cream Parlor which is open on Thursday, Friday and Saturdays from 12 Noon until 4:00pm. The City has also become the owners of all the artifacts in the Museum, including the rare Indian Exhibit. It was the unanimous consensus of the Board that the Council acted wisely in helping the museum with the purchase, as many Park man-hours and sizable funds have gone into making the Museum the success that it is. DIVISION REPORTS Maintenance Report -John Pitt, Parks Superintendent Due to the length of the meeting John kept his report brief by telling the Board that murine maintenance was being carried out, there has been no major vandalism after the last episode at Legion Park just prior to the Drum and Bugle Corps performance. Larry WAtson complemented John on the work he and his crew were doing considering their short staff. John said he would pass this on to his crew who will appreciate hearing this. Leisure Services Report - Nevin Holly, Director Nevin said that both Terry and Brian were working hard in both Senior and Youth events. Terry's senior trips are going extremely well with each tr'ko being full to capacity. Bdan is working on youth programs which are also going well. Pool revenue is down and no one is sure of the reason. A good look will be made into the increased rates as maybe being a cause for this decrease, or if it is just the weather, which has been sporadic. Special Olympics was held July 13th and very well. Both Terry and Brian will be working on the Fall and Winter Brochure getting it ready for secretary to input into the Brochure which is due to go to the printer August 26th. DIRECTOR'S REPORT The Director reported that the staff is still waiting for the final 1990/91 Print out which is due at any time now. He feel that the Department will come in under budget by a safe margin. We will be able to carry-over our projected amount. The Teen Pak Grant was denied. This was disappointing as this was a good grant and was desperately needed. Apparently the bulk of the money went to continue the funding of past recipients. This action was not supposed to happen, however it did. Several small grants were awarded to other communities. Director has been attempting to contact Kathy Garland to find out why we were over looked, however has not been able to reach her by phone for the past week. Page -4- Recreation and Parks Board Minutes July 16, 1991 13. 14. The City has received many resumes in their search for a new City Administrator. The applications close July 31st. Hopefully a new City Administrator will be here in late September. Nevin said that the Police have made a concentrated effort to patrol the Parks this year. John Pitt also felt that the Police were doing a very good job in assisting him and his crew when needed. The response time is much better this year than in past years. BUSINESS FROM THE BOARD Andy Yanez reported that he had taken a senior trip with Terry and had enjoyed it very much. He also told the Board that he would like to see the next meeting bring discussions on ClP expenditures and how each Board Member would like to see the money spent in the way of development. ADJOURNMENT: MOTION: D. OTT: Moved to adJoum at 9:10pm S. FOFANA-DURA: Seconded the Motion. Motion passed unanimously and meeting adjourned. CITY OF WOODBURN NOTICE OF SUPPLEMENTAL BUDGET HEARING FISCAL YEAR 1991-92 lhe Woodburn City Council will hold a public hearing on a proposed supplemental budget for the fiscal year July 1, 1991 through June 30, 1992. The hearing will take place on Monday, August 26, 1991, ?:00 p.m., in the City Hall Council Chambers, 2?0 Montgomery St., Woodburn. The purpose of the hearing is to discuss the supplemental budget with interested persons. A copy of the supplemental budget document, as approved by the Budget Committee, may be inspected or obtained from the City Recorder's Office, 2?0 Montgomery St., Woodburn, Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m.. SUMMARY OF 1991-92 SUPPLEMENTAL BUDGET RESOURCE GENERAL FUND: Working Capital Carryover AMOUNT REQUIREMENT AMOUNI $ q,O00 TOTAL RESOURCES PARK &: RECREATION FUND: Donation - Woodburn Museum 4,000 $ 10,000 TOTAL RESOURCES SEWER CAPITAL IMPROVEMENT FUND: Working Capital Carryover Economic Development Grant Economic Development Loan TOTAL RESOURCES $ 10,000 $ 90,000 500,000 700,000 $1,290,000 STREET/STORM DRAIN CAPITAL IMPROVEMENT FUND: Prope~-ty owne~- reimbm"sement/ W. Woodburn development TOTAL RESOURCES $ 250,000 $ 250,000 Police Department: Capital Outlay TOTAL REQUIREMENTS $ A,O00 $ q,O00 Capital Outlay: Purchase of museum bldgs TOTAL REQUIREMENTS $ 10,000 $ 10,000 Capital Outlay: Facility Imprv. Pump Sra./Sewer Line Imprv. 90,000 1,200,000 TOTAL REQUIREMENTS $1,290,000 Capital Outlay: Woodland Ave. Extens. Proj.$ 250~000 TOTAL REQUIREMENTS 250,000 PARK & RECREATION CAPITAL IMPROVEMENT FUND: Park Acquisition & Development $ 81,600 TOTAL RESOURCES WORKING CAPITAL FUND: Misc. Income/Revenue $ 21,600 $ 5,000 TOTAL RESOURCES $ 5,000 Capital Outlay: Unscheduled Pro~ects TOTAL REQUIREMENTS Materials & Services: Computer Equip./Repair TOTAL REQUIREMENTS $ 81,600 $ 21,600 $ 5,000 $ 5,000 Mary Ten~]ant Deputy City Recorder Published August 7, 1991 MEMO TO= THROUGH FROM DATE : SUBJECT= Budget Committee Mayor/City Administrator Kyser Mary Tennant July 22, 1991 1991-92 Supplemental Budget Oregon Budget Law requires the submittal of supplemental budgets in the same manner as the annual budget in order to provide the public with an opportunity to express their views 9n.a~jqst~e~ts ~o the prev%og~ly approved annual budget: The supplemental 9uage~ involves approprla=lon of funds which are either a carryover from zisca£ year 1990-91 or receipt of unanticipated revenue sources. Attached is a memo from Public Works Director Tiwari regarding the need for a supplemental budget within the Sewer Capital Improvement Fund and the Street/Storm Drain Capital Improvement Fund. In addition, appropriation of funds are requested in the following areas: General Fund: The Police Department capital outlay funds from placing 2 PC's on a direct system. has requested the re-appropriation of fiscal year 1990-91 for the purpose of line access to the Criminal Justice/RAIN Park and Recreation Fund: The City Council is considering a land sale agreement on behalf of the Woodburn Museum Committee for the purchase of the two buildings which house~ the museum. The proposed agreement calls for a down ayment of $10,000 with six annual payments, beginning July 1, 1992, of 5,000. No interest would be charged by the property owner on the unpaid principal balance. The Museum Committee has collected sufficient funds to make the down payment and will donate the funds to the City for payment to the property owner. They have.also agreed to enter into a good-faith agreement with the City to raise sufficient funds over the next five years to make the annual payments to the property owner. The supplemental budget will provide the necessary revenue source and expenditure line item in order to pay the first installment. Park and Recreation Capital Improvement Fund: Recent developments have provided additional development fees within the Capital Improvement Fund. The Park Board is considering several different projects for 1991-92 such as new basketball courts, sand volleyball courts, and a miniature golf course. Appropriation of the additional revenues will allow the Park Board to proceed with the development of park facilities. Working Capital Fund: It is anticipated that continuation of the current Data General computer hardware will be used through December 31st. Until such time as all financial software packages have been converted to the new network system and the dispatch geo-base files are converted to another computer syste~, 'monthly maintenance fees will continue to be paid through the Central Stores division of the Working Capital Fund. As an Internal Service Fund, expenditures are made from various funds of the budget and are shown as a revenue source under the Miscellaneous Income/Revenue line item. MEMO TO: FROM: SUBJECT: DATE: Acting City Administrator for Council and Budget Committee Public Works Director~~,Z~ L~-~ Supplemental Budget July 16, 1991 The supplemental budget items being proposed by the Public Works Department are limited to the capital projects and these items do not include any operational expenses. The proposed capital projects are needed for West Woodburn sewer lines and pump station, the Woodland Avenue extension, and wastewater recirculation system. The details of funding and the project need is outlined below: Grant and Loan Funding for West Woodburn Sewer Lines and Pump Station Replacement Income Expense $1,200,000 $1,200,000 Grant: $500,000 est Loan: $700,000 est By oversight, West Woodburn sewer lines and pump station funds were not properly included in the budgeting process. The funds were dis- cussed during the application process. The proposed amount includes additional loan/grant amount for the project. Property Owner Paid Funding Income Expense 250,000 250,000 Same oversight reason as above but this project is funded by the benefitted property owners for street and storm drain related to HWI project. This item is proposed to be included in the supplemental budget to make sure that the contractor is paid in time. The City will be reimbursed if City funds need to be used first. This should be considered as a pass-through item. Sewer CIP (Connection Fee Funding) Income Expense Carryover 90,000 90,000 Because new plant construction is still five years away, this minor recirculation plant modification is proposed by the consultant to keep the plant within the permit limits. The minor recirculation work is planned for this fall season. I hope sufficient information has been provided for the decision makers, however, I will be available to answer questions in the meeting. FT:Ig cc: Finance Engineering File SUPPLEM~BGT MEMO TO: FROM: SUBJECT: City Council through Acting_City Administrator D , d"--) ..... ' Public Works Director~ ~ State Economic Department's Additional Grant and Loan for Woodburn DATE: August 23, 1991 The City of Woodburn received a grant and a loan for infrastructure improvements that included certain sewer main installations, pump station replacement and a portion of Hwy 214 widening west of I-5 near Woodland Avenue. The loan/grant program was based on initial preliminary estimates and prior to completion of any engineering design that actually decides the bid amount. After the city received the bids, it was determined that there was shortage of funds and the project could not be completed without an additional grant and loan from the state. Also, it was obvious that proper participation from benefitted property owners will be necessary. These items were fully discussed with the state and the property owners, and the city council was kept informed of the progress. After knowing the problems, the city tried to reduce the contract amount by modifying certain items in the plan but it did not work. Then the city concentrated on: 1) and 2) additional funding source fair method of allocating any loan cost and receiving participation from property owner to pay their share of the loan. Item 1. The Analysis of Additional Fund need was done first and this is outlined below: n'EM SAN ITARY 1) Hwy. 214 Bore 214 to I-5 Line SUBTOTAL ESTIMATE PRIOR TO GRANT CONTRACTOR APPLICATION BID $ 25,000.00 $ 24,300.00 180~000.00 121 ~023.64 $205,000.00 $145,323.64 Page 1 2) I-5 Bore Pump Station Force Main SUBTOTAL TOTAL DIFFERENCE (between estimate & bid) $ 86,000.00 220,000.00 165,000.00 $471,000.00 $676,000.0O $441,305.00 + 380,290.00 $821,595.00 $966,918.64 $290,918.64 This analysis was presented to the state and a request for additional loan and grant was made by the mayor. The Oregon State Economic Development Department agreed to provide additional fund as outlined below: Grant $ 33,345.00 Loan 257,574.00 Total $ 290,919.00 It should be noted that the state has been very cooperative and that they have raised the grant amount from $466,655 to $500,000, a maximum allowed by their regulation. Item 2. Property owners' participation along with the state's loan and grant is making this project possible. The amount of the loan has been allocated as follows: 1- Benefitted property owners $203,800 2- City of Woodburn 53,774 Total $257,574 The state has agreed to defer the payment by two years.Therefore, the actual payments will start in 1994. The cooperation shown by the state as well as the property owners is the reason that this project can be accomplished. Acceptance of additional grant and loan is recommended. GST:Ig Attachments a. Map of Benefitted Properties b. Share Calculation Sheet Page 2 ADDLLOAN.CC CALCULATION OF PROPERTY OWNERS' SHARES No. of Acres a. Pioneer Trust (east of I-5) 172.48 b. Pioneer Trust (west of I-5) 4.72 c. KLAW Holdings 8.45 d. Davidson Farms 69.13 Total 254.78 Total contribution 254.78 x $800 = $203,800 Note 1. Funding needed = From property owners = $ 257,574 203,800 Balance (City support) $ 53,774 City will get back its investment through payments from other properties, direct and indirect SHARES H.W.I. DAVIDSON FARMS 69.13 Ac PIONEER TRUST 4.72 Ac HOLDING 8.45 Ac PIONEER ,' TRUST 172.48 AC ~ LEGEND Benefitted Pro Owners ~)erty Benefitted Property Owners to Share Sewerage Improvement Cost (Additional) .Z MEMO TO: FROM: SUBJECT: DATE: City Council through Acting City Administrator Public Works Director Water and Sewer Systems Development Charge August 23, 1991 RECOMMENDATION: The City Council authorize staff to bring the documents that allow acceptance of the water and sewer methodology basis of systems development charges recommended by the consultant and allows the charges to increase gradually in a period of four years. BACKGROUND: The state legislature adopted Oregon System Development Act (ORS 223.297-223.314) in 1989. The purpose of this legislation was to provide uniform framework for systems development charges also known as connection fees and capacity fees. The law required that all communities be in compliance by July, 1991, and restricted the use of systems development charges to capital improvements only. In response to state law, the City of Woodburn hired Henderson, Young and Company to develop methodology for imposing systems development charges that meet the requirements of the law. Woodburn City Council held a workshop on July 29, 1991 to review the work done by the consultants. It appeared that the council was satisfied with the methodology but it was not ready to make a policy decision and adopt the higher charges without further consideration. It should be noted that the City of Woodburn does have a systems development charge but it is called a connection fee for sewer and capacity fee for water. Since the city ordinance dictates these revenues be used for capital improvements only, the City of Woodburn already complies with one segment of the new state law. After the acceptance of the consultant's recommendation on methodology, the city will be in compliance with the other segments also as it relates to water and wastewater system development charge. It is recommended that the change in the system development charge be approved in incremental phases as follows: WATER: Current fixed charge Current fixed charge basis Future charge allowed by study Recommended charge basis For Sin.qle Family Residence $ 750 $ 2.79/gal (based on 108 gal. per capita) $ 5.26/gal (will allow fixed charge of $1,530.00) 1st year 2nd year 3rd year 4th year (Jan '93) (Jan '94) (Jan '95) $ 3.50/gal $ 4.00/gal $ 4.50/gal $ 5.00/gal S/gal x no. of people/house x gal/capita (use 2.69) (use 108) $ 1016 $ 1162 $ 1307 $ 1452 It is recommended that all residential units, i.e., single family detached/attached and multi-family units be placed in one category for the system development charges. The mobile home park units utilize 2.17 people per unit for the determination of charge. The non-residential units will be based on the estimated flow. SEWER: For Single Family Residence Current rD(ed charge Current fixed charge basis Future charge allowed by study $1,000 $ 3.71/gal (based on 108 gal. per capita) A- $ 9.76/gal (will allow fixed charge of $2,842) B- $14.37/gal (will allow fixed charge of $4181) Although the city may choose any number below $14.37/gal it is recommended that $9.75/gal be used as a basis for developing incremental numbers, since it considers plant expansion also. Ultimate recommended basis Incremental recommended basis Recommended charge basis Recommended fixed charge S/gal x no, of people/house x gal/capita (use 2.69) (use 108) $ 9.75/gal (will allow fixed charge of $2,905) 1st year 2nd year 3rd year 4th year (Jan '93) (Jan '94) (Jan '95) $ 4.50/gal $ 6.25/gal $ 8.00/gal $ 9.75/gal $1307 $1815 $ 2324 $ 2832 It is recommended that all residential units, i.e., single family detached/attached and multi-family units be placed in one category for the system development charges. The mobile home park units utilize 2.17 people for the determination of charge. The non-residential units will be based on the estimated flows. I will be available in the meeting to answer questions. GST:Ig SYSDEVEL.CHG MEMORANDUM TO: FROM: SUBJECT: DATE: Woodburn Mayor and City Council Nevin Holly, Director Recreation and Parks Systems Development Discussion August 22, 1991 The proposed Ordinance putting the City of Woodburn in accordance with the New Systems Development Law clearly expresses a long standing deficiency in the area of Capital Parks Development. In general, Woodburn Parks and facilities have not kept pace with City growth and development. Generally, playground areas, pavilions, fencing and other basic park amenities are on a sub par level. With the exception of Senior Estates Park and other partial park areas, we do not have modern underground automatic control irrigation systems. The open space and park areas which have been acquired as part of the previous Parkland and Dedication Ordinance stand as undeveloped areas which are maintained at a minimal level at best. Increased population have placed additional stress on Settlemier and Legion Parks, causing not only overcrowding, but deterioration of facilities as well. I am optimistic that we will find a means to upgrade our current parks. My vision that the expansion of smaller neighborhood parks, as well as the development of Centennial Park will again offer the full usage of all parks to the general community. The prominent reason for lack of capital Development on Woodburn Parks has been the absence of a monetary Capital Development source. The old Parkland Dedication Ordinance stated it was intended to meet 50% of the parkland needs. At its current level it only maintains our parks at approximately a 25% replacement level. The mandated adoption of a defendable Systems Development Ordinance provides an opPortunity to adopt a Parks System Development Fee Structure which will better allow the City to keep pace with increased population needs and assure an established level of quality be maintained on Woodburn Parks. It is imperative we remember the System Development charges adopted for Parks will be the main identifiable Capital Parks Funding mechanism outside of general fund dollars. The recommended level of Parks system charges as proposed by Henderson and Young are $322.16 per capita. The $322.16 requests an amended calculation done by Henderson and Young. This is recalculated from the $306.50 which was presented by Mr. Don Ganor at the July 29th workshop. Please refer to the attached calculations prepared by Henderson and Young. Adopting the System Development Fee structure at the proposed levels assumes that we will maintain our Parks at their existing level and allows for replacement value of current parks inventory. It passes on the impact of new development to the developer. These sources of revenue will be critical in replacing equipment and in developing areas to accommodate increased populations. The Woodburn Recreation and Parks Department and Board sees these System Development Fees as critical. The Department cannot identify another source to maintain and develop sites. The Woodbum Recreation and Parks Board also are sensitive to new development and wish to do everything possible to encourage positive growth. The Board also is concemed that without a means of progressively dealing with new growth the parks will undoubtably deteriorate. Having these concerns in mind the Board voted at a Special Board Meeting on Thursday, August 22, 1991 to recommend the following Parks System Development Fee structure be adopted. *SDC per capita cost of $241.61 be adopted (This represents 75% of the recommended $322.16 level). The Woodburn Recreation and Parks Board further recommends that in order to lessen the impact on developers, the fees be phased in over a 5 year period. The following charge indicates how the fee structure would progress according to the established. From Ordinance Adoption - December 30, 1992. 2.73 105.87 Single Family- detached Single Family - Attached 2.69 105.87 284.79 Multi Family 2.78 105.87 294.06 Mobile Home 2.17 105.87 229.74 January 1, 1993 - December 30, 1993 289.00 Single Family - detached 2.73 139.81 I 381.68 Single Family - Attached 2.69 139.81] 376.08 Multi Family 2.78 139.81 388.67 Mobile Home 2.17 139.81 303.38 January 1, 1994 - December 30, 1994 Single Family - detached 2.73 474.31 Single Family- Attached 2.69 173.74 467.36 Multi Family 2.78 173.74 483.00 Mobile Home 2.17 173.74 377.00 January 1, 1995 - December 30, 1995 2.73 207.87 Single Family - detached Single Family- Attached 2.69 207.87 559.17 Multi Family 2.78 207.87 577.88 Mobile Home 2.17 207.87 451.08 567.48 January 1, 1996- Final Phasing 2.73 241.61 Single Family- detached Single Family - Attached 2.69 241.61 649.93 Multi Family 2.78 241.61 671.67 Mobile Home 2.17 241.61 542.29 659.60 The adoption of the recommended System Development rate structure will directly impact the ability of the Woodburn Recreation and parks Department to meet the passive and active needs of its residents. The phasing of the fees will lessen its impact on development. The current Ordinance which utilizes a different formula has a maximum per unit charge of $200.00. The maximum first year increase would be $94.06 which would be on a multi-family unit, which under the new Ordinance would be charged $294.06. This same multi-family unit will be charged $671.67 upon final phasing of the Ordinance which would occur on January 1, 1996. It is important the Council also remember that Park System Development Fees differ from other fees in that often a compromise or even full waiver is given a developer for off setting land or facility improvements. Such allowances are referred to as credits in the New Ordinance. The Woodburn Recreation and Parks Board and Staff thank you for considering its recommendations on this matter. 3.3. CALCULATION OF PARKS AND RECREATION FACILITIES SDC This section contains the calculations of the parks and recreation SDC using the formulas discussed in Section 3.2. 1. Parks and Recreation Facilities (~ost per Capita Table 15 presents the facilities cost per capita for park land and recreation facilities. TABLE 15 STANDARDS OF SERVICE AND COSTS PER CAPITA Component Park Land & Open Space (acres) Community Centers Grandstand/Sports Stadiums Tennis Courts (Lighted) Baseball Fields (Lighted) Baseball Fields (Unlighted) Basketball/Multi-Court (Unl) Swimming Pools (Outdoor) Picnic Benches (Outdoor) Picnic Shelters (Covered) Children's Playgrounds Restrooms (M/F) Maintenance Facilities (Sq. Ft.) Sub-total: Facilities Standard Standard Cost Facilities Cost ~ Per Facility Per Capita 0.0064812410 $ 21,300 $ 138.05 0.0000721501 300,000 21.65 0.0000721501 475,000 34.27 0.0001443001 40,000 5.77 0.0001443001 35,000 5.05 0.0001443001 1,500 0.22 0.0000721501 10,000 0.72 0.0000721501 925,000 66.74 0.0024531025 450 1.10 0.0001443001 25,000 3.61 0.0003607504 20,000 5.77 0.0001443001 35,000 5.05 0.3812409812 35 · 13.34 $ 163.29 TOTAL: Parks Land and Facilities $ 301.34 2. Adjustment for Direct Costs of Compliance The facilities cost per capita is adjusted to include the direct costs of complying with the Oregon SDC Act, as displayed in Table. 16. TABLE 16 FACILITIES AND DIRECT COMPLIANCE COST PER CAPITA Parks and Recreation Land & Facilities Facilities Direct S tan d a r d Cost Compliance Cost Cost Per Capita Per Capita Per Capita $ 301.34 + $ 20.82 = $322.16 29 3. Adjustment for Credits for Future Tax Payments Step three in determining the Parks and Recreation SDC reduces the standard cost per capita by the amount of credit per capita for future payments of other revenue that is used for the same capital projects. Table 17 presents the standard cost per capita (from Table 16), the credit per capita, and the resulting per capita cost that is chargeable to SDC's. Since no credits are necessary at this time (see page 47), Table 17 is included for illustrative purposes to indicate the manner in which such credits are applied in the event that credits are warranted as a result of future City actions. TABLE 17 NET PARK COSTS PER CAPITA CHARGEABLE TO SDC's Standard Cost Credit Per Capita Per Capita Parks and Recreation Land & Facilities $ 322.16 $ 0 SDC Cost Per Capita = $322.16 3. Calculation of SDC The final step in calculating the park and recreation SDC is to convert the SDC cost per capita (from Table 17) to a cost per dwelling unit by multiplying the SDC cost per capita by the average number of persons per dwelling unit (discussed on page 48). These calculations are presented in Table 18. TABLE 18 PARKS AND RECREATION FACILITIES SDC Persons SDC Cost SDC Charge Type of Unit Per Unit X Per Capita = Per Unit Single family - detached 2.73 $ 322.16 $ 879 Single family - attached 2.69 $ 322.16 $ 867 Multi-family 2.78 $ 322.16 $ 896 Mobile Home 2.17 $ 322.16 $ 699 30 STAFF REPORT ZONING ORDINANCE AMENDMENT #91-01 FENCES ON CORNER LOTS Section added to Chapter 9 of the Woodburn Zoning Ordinance: Section 9.085. Fences on Corner Lots - Location and Height. In any side yard adjacent to a street and within 13 feet of the curb line or street shoulder where there is no curb, but not within the right-of-way, fences, walls, and hedges may be up to five feet in height. However, a fence in the vision clearance area of a corner lot along a street shall be limited to 30 inches in height. Fences located in a yard area other than the side or front yard may be up to seven feet in height. FINDING: 1. The vision clearance area at the intersection of a corner lot is still maintained, i.e., the 30-foot triangle. 2. The fence setback will not infringe on the street right-of-way. 3. The standard residential street consists of 60 feet of right-of-way and 34 feet of improved surface from curb to curb. Therefore, the 13-foot setback would not infringe on the right-of- way. 4. The 13-foot setbacks apply only to corner lots and their fence location, not the dwelling. 5. Site visibility for interior lots adjacent to corner lots is still maintained. 6. Since corner lots must realize a 20-foot setback on the front and side yard adjacent to the street corner. The side yard on the street side represents a substantial portion of the total yard area. SG:Ig ZOA91-01 .STF LEGEND :::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::: 5' Sidewalk Landscaped .area within Public Right-of-Way Visual Clearance ~angle - sight visibility area where no pla~ts, walls, structures, or temporary or permanent obstructions to vision can ~xis~ '30 inches in height as measured ~ frcm the curb. F ~O~tT x/AttO I I. I I MEMO TO: City Council through City Administrator FROM: Community Development Director, Steve Goeckritz SUBJECT: On-site Toilet Facilities During Construction DATE: August 21, 1991 It has been our building official's observation that there is a lack of toilet facilities at some of Woodburn's construction sites, the result of which is obvious. It is, therefore, our intent to require that those construction sites that lack on-site toilet facilities provide for same. In reviewing vadous existing city ordinances it would appear most appropriate to incorporate this requirement into our nuisance abatement ordinance under "Section 13. Nuisances Affecting Public Health." I would suggest adding Section 13 to read as follows: Section 13. Toilet facilities required during construction. Before the construction of any building or structure is started, and where toilet facilities are not available on the job site, a temporary water-flushed toilet or an approved chemical toilet shall be installed, or shall be available on the job site for the use of the workmen. There shall be one toilet for every 25 workmen on the work site. This temporary toilet shall be maintained throughout the construction of the building or structure, if a water-flushed toilet is used, such toilet shall be connected to the sewer with approved joints. The person in whose name the building permit for the construction has been issued is charged with the requirement for providing the temporary water-flushed toilet or approved chemical toilet and is charged with the requirement of maintenance of said facilities during the course of construction. CONSTRUC.LAV COUNCIL BILL NO. / 5 ~, (~ ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE 1616 (THE NUISANCE ORDINANCE) AND DECLARING AN EMERGENCY. THE ClT~ OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Ordinance 1616 is hereby amended to add a new section entitled Section 13 which shall read as follows: Section 13. Toilet facilities required during construction. Before the construction of any building or structure is started, and where toilet facilities are not available on the job site, a temporary water-flushed toilet or an approved chemical toilet shall be installed, or shall be available on the job site for the use of the workmen. There shall be one toilet for every 25 workmen on the work site. This temporary toilet shall be maintained throughout the construction of the building or structure. If a water-flushed toilet is used, such toilet shall be connected to the sewer with approved joints. The person in whose name the building permit for the construction has been issued is charged with the requirement for providing the temporary water-flushed toilet or approved chemical toilet and is charged with the requirement of maintenance of said facilities during the course of construction. Section 2. 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 th.e Co,,ur)cil/ah"a"~,~:~val by~e M,~... 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 AFl'EST: Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. ORDINANCE NO. COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR 1991-92, AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That the supplemental budget for fiscal year 1991-92, as approved by the Budget Committee, is hereby adopted as set forth below. Section 2. That fiscal year 1991-92 revenues and appropriations are increased as follows: GENERAL FUND Revenues -- Working Capital Carryover $ 4,000 TOTAL GENERAL FUND REVENUES ~ 4.000 Expenditures - Capital Outlay - Police Department $ 4,000 TOTAL GENERAL FUND APPROPRIATIONS $__4+0_0_Q PARK AND RECREATION FUND Revenues -- Donation - Woodburn Museum $ 10,000 TOTAL PARK & RECREATION FUND REVENUES $ 10.000 Expenditures -- Capital Outlay- Non Departmental $ 10,000 TOTAL PARK & RECREATION FUND APPROPRIATIONS ~ Page I - COUNCIL BILL NO. ORDINANCE NO. SEWER CAPITAL IMPROVEMENT FUND Revenues -- Working Capital Carryover Economic Development Grant Economic Development Loan 90,000 500,000 700,000 TOTAL SEWER CAPITAL IMPRV. FUND REVENUES Expenditures - Capital Outlay $1,290,000 TOTAL SEWER CAPITAL IMPRV. FUND APPROPRIATIONS STREET/STORM DRAIN CAPITAL IMPROVEMENT FUND Revenues -- Property owner reimb./W. Wbn. Development $ 250,000 TOTAL STREET/STORM DRAIN C.I.F. REVENUES Expenditures - Capital Outlay $ 250,000 TOTAL STREET STORM DRAIN C.I.F. APPROPRIATIONS PARK AND RECREATION CAPITAL IMPROVEMENT FUND Revenues -- Park Acquisition & Development TOTAL PARK & RECREATION C.I.F. REVENUES Expenditures -- Capital Outlay $ TOTAL PARK & RECREATION C.I.F. APPROPRIATIONS $ 21,600 21,600 Page 2 - COUNCIL BILL NO. ORDINANCE NO. WORKING CAPITAL FUND Revenues -- Misc. Income/Revenues $ 5,000. TOTAL WORKING CAPITAL FUND REVENUES Expenditures -- Materials & Services $ 5,000 TOTAL WORKING CAPITAL FUND APPROPRIATIONS Section 3. That the City Recorder shall certify the supplemental budget to the County Clerk and County Assessor of Marion County, Oregon, and shall file with the Department of Revenue, State of Oregon, a true copy of the supplemental budget as finally adopted in accordance with the Department of Revenue Administrative Rule OAR 150-294.480. Section 4. That if any clause, sentence, paragraph, section or portion of this ordinance for any reason shall be adjudged invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the clause, sentence, paragraph, section or portion of this ordinance directly involved in the controversy in which such judgment is rendered. Section 5. This ordinance being necessary for the public peace, health and safety, in that the supplemental budget for fiscal year 1991-92 needs to be adopted prior to the expenditure of funds, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council .and approval by the Mayor. Approved as,o For...~.'~ ~"' 2~- ?/ 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 3 - COUNCIL BILL NO. ORDINANCE NO. COUNCIL BILL NO. / ORDINANCE NO. AN ORDINANCE AUTHORIZING A LOAN FROM THE SPECIAL PUBLIC WORKS FUND; AUTHORIZING THE MAYOR TO EXECUTE LOAN DOCUMENTS WHEN THEY ARE PREPARED AND DECLARING AN EMERGENCY. The City Council of Woodburn, Oregon finds: A. The municipality is a "municipality" within the meaning of Oregon Revised Statutes 284.310(2). B. Oregon Revised Statutes 284.310 through 284.535 (the "Act") authorizes any municipality to file an application with the Oregon Economic Development Department (the "Department") to obtain financial assistance from the Special Public Works Fund. C. The Municipality has filed an application with the Department to obtain financial assistance for an "infrastructure project" within the meaning of the Act. D. The Department has approved the Municipality's application for financial assistance from the Special Public Works Fund pursuant to the Act. E. The Municipality is required, as a prerequisite to the receipt of financial assistance from the Department, to enter into a Financial Assistance Award Contract and a Loan Agreement with the Department. F. Time is of the essence and the final loan documents have not yet been prepared by the Department. G. The project described in Exhibit "A" (the "Project") is an "infrastructure project" within the meaning of the Act which is needed by and is in the public interest of the Municipality. H. Notice relating to the Municipality's consideration of the adoption of this Ordinance was published at least once in a newspaper of general circulation within the City of Woodburn. Such notice was published at least 14 days in advance of the adoption of this Ordinance, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Loan Authorized. The Governing Body authorizes the Mayor to execute the Financial Assistance Award Contract, Loan Agreement, the Promissory Note when Page I - COUNCIL BILL NO. ORDINANCE NO. they are prepared and such other documents as may be required to obtain financial assistance including a loan from the Department on the condition that the principal amount of the loan from the Department to the Municipality is not in excess of $257,574. The proceeds of the loan from the Department shall be applied solely to the "Costs of the Project" as such term is defined in the Loan Agreement. Section 2. Security. Amounts payable by the Municipality shall be payable from the sources described in Section 3.09 of the Loan Agreement previously signed by the parties on February 21, 1991 and Oregon Revised Statutes 284.410(2) which include: A. Any sources of funds that are legally available to the Municipality. B. The revenues, if any, of the Project, including special assessment revenues, if any, and C. The Municipality's general fund including the general revenues of the Municipality, other funds which may be available for such purpose and a pledge of the Municipality's taxing power within the restrictions of Article XI, Section 11 of the Constitution of the State of Oregon. The obligation of the Municipality to make payments pursuant to the Loan Agreement is a full faith and credit obligation of the Municipality and is not subject to annual appropriation. Section 3. Additional Documents. The Mayor is hereby authorized to enter into any agreements and to execute any documents or certificates which may be required to obtain financial assistance from the Department for the Project pursuant to the Financial Assistance Award Contract and the Loan Agreement. The City Attorney, in the scope of his employment and official duty, is hereby authorized to issue the Opinion of Municipality Counsel required by the Department upon final preparation and review of the loan documents. Section 4. Tax-Exempt Status. The Municipality covenants not to take any action or omit to take any action if the taking or omission would cause interest paid by the Municipality pursuant to the Loan Agreement not to qualify for the exclusion from gross income provided by Section 103(a) of the Internal Revenue Code of 1986, as amended. The Municipality shall not permit more than ten percent of the Project to be used for any private business use. The Mayor of the Municipality may enter into covenants on behalf of the Municipality to protect the tax-exempt status of the interest paid by the Municipality pursuant to the Loan Agreement and may execute any Tax Certificate, Internal Revenue Service forms or other documents as shall be required by the Department or their bond counsel to protect the tax-exempt status of such interest. Page 2 - COUNCIL BILL NO. ORDINANCE NO. Section 5. Declaration of Emer_aencv. The Governing body declares that an emergency exists in order that there be no delay in financing the Project as provided in this Ordinance. Therefore, this Ordinance shall be in force and effect from and after passage by the Governing Body. /S/ N. Robert Shields 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 3 - COUNCIL BILL NO. oRDINANCE NO. EXHIBIT "A" PROJECT DESCRIPTION The project consists of constructing 950 lineal feet of new roadway with curbs and storm drainage, 609 lineal feet of roadway widening, 1,703 lineal feet of storm drains, 1,400 lineal feet of 15" sanitary sewer, 4,050 lineal feet of 8" force main sanitary sewer line, a sewage lift station, and engineering costs. The proposed road improvements include construction of a new roadway (Woodland Avenue) along the easterly side of the HWI site, a distance of approximately 950 feet. Roadway storm drainage will be included in the road, although additional drainage ditching will be required to carry storm water to a point where it may be deposited, an additional distance of 730 lineal feet. Another 1,100 lineal feet of storm drainage pipe is to be installed within the right-of-way or an easement between the west end of Highway 214 road improvements and Senecal Creek to the west. State Highway 214 is to be widened approximately 24' adjacent to the north side of the site and improved to the east to provide for intersection improvements at Woodland Avenue and a transition to the interchange of Interstate 5 and Highway 214. Sanitary sewer improvements include 1,410 lineal feet of 15" sewer pipe between Highway 214 and a proposed sewage lift station located east of I-5. The 15" pipe would be extended north beneath Highway 214, and east beneath I-5 by boring beneath these highway. The bore beneath I-5 would be a 30" casing for a 24" pipe to accommodate planned future capacity. The bore beneath Highway 214 would be a 24" casing to accommodate a 15" pipe. A sewage lift station is proposed east of I-5 and an 8" force main constructed between the lift station and its connection to the city's sewage system at Lincoln Street, a distance of approximately 4,040 lineal feet. COUNCIL BILL NO. I-~ ~ I RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT IN LIEU OF AN Ll.D. FOR THE CONSTRUCTION OF CERTAIN SEWERAGE IMPROVEMENTS. WHEREAS, incorporated limits WHEREAS, No. L91013 from improvements and the involved private parties contemplate development within the of Woodburn, Marion County, Oregon; and the City has obtained a Special Public Works Fund Award Contract, the State of Oregon for the construction of certain sewerage the actual construction bid exceeds the original estimates; and WHEREAS, the State of Oregon has agreed to make additional funds available to complete said sewerage project; and WHEREAS, the involved property owners will be benefitted by such sewerage improvement and it is appropriate that they pay a fair share of the expense in proportion to their respective acreages; and WHEREAS, all parties agree that there is an efficient and equitable method of constructing and paying for said sewerage improvements; and WHEREAS, the completion of this infrastructure development will provide needed sewer linkages in the freeway interchange area to benefit the citizens of the City as a whole, NOW, THEREFORE, THE crrY OF WOODBURN RESOLVES AS FOLLOWS: SECTION 1. The Mayor is authorized to sign the Agreement in Lieu of an Ll.D. on behalf of the City of Woodburn, a copy of ~is attached hereto and incorporated herein. .,-,,.-.. ~, ~ f ~ APproved as to forr~: (~'~ )~ ~ (~- ~ ~'~ / 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'CrEST: Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page I - COUNCIL BILL NO. RESOLUTION NO. 08-23-1991 01:22PM FROM TO 19825244 P.01 ~.. ~] 8"2:' ~Z 9 c/- I- 02~,2 6~/2- ~'~o~',,,,~.,~,.~.~,,~ / o ~ · I:~HONE Il:. JTHL~ PAI~E ~ MEMORANDUM FROM: FRED KYSER, MAYOR . .,, ~ T~z, Pumc wo~cs DZR~C~O~// N. ROBERT S~E~S, ~ A~O~Y~ MODR:ICATION OF DEVELOP~ AGREEMENT WEST WOODBURN SEWERAGE PROJECT DATE: AUGUST 23, 1991 At your ~on, I hav~ reviewed the pro~ development agreement for the West Woodbm Sewerage Project and, in particular, the recent revisions made by Pioneer Trust I re, commend that the first four subsections of Section 3 B be mpla~d as followa: (l) PIONEER agrees and covenants hereunder, that its liabRity for repayment to the CITY, shall be a lien upon its paw. el of real property, descn'bed in attached ExMbit C, and said lien shall secure l~rformanc¢ as ~;t forth herein. (2) Them shall be no amount paid by PIONEER until such time as a sale to a third party is dosed and the property is annexed to the CITY. (3) PIONEER shall not be required to provide a surveyor certified acreage mount or a surv~ed legal description of its property until such time as a sale to a third party is closed and thc prol~rty is annexed to CITY. (4) At such time as a sale by PIONEER to a third party is closed and thc property is anncxcd to thc CITY payment shall bc made from thc property at the rate of $800.00 per acre and thc sale agreement on thc property shall .providc tcrms consistent with this subsection B. This language is neccgsary in light of Pioneer's revisions to thc agreement which defer payment of its obligation until such time as its property is sold and annexed. The City needs assurance that there is a lien against all of the prol~rties, including Pioneer's, even if payment is deferred on the Pioneer property. DEVEI~PMENT AGREEMENT THIS AGREEMENT is made by and between the CITY OF WOODBURN, an Oregon municipal corporation (hereinafter "CITY"); PIOI~ER TRUST BANK, N.A., TRUSTEE FOR JOHN N. HOOPER (hereinafter "PIONRFR"); KLAW HOLDINGS, an Oregon partnership consisting of Keith L. Hershberger and A. Ward Hershberger; GEORGE F. BP, ICE, llI; PRAIRIE CORPORATION, an Oregon corporation; YACK FOX; and DAVIDSON FARMS, INC., an Oregon corporation. WHEREAS, the above-named private parties contemplate development within the incorporated limits of Woodburn, Marion County, Oregon; and WHEREAS, Brice and Fox each have a portion of the property of Pioneer Trust Bank under option; and WHEREAS, the City of Woodbum obtained a Special Public Works Fund Award Contract, number L91013 from the State of Oregon for the construction of certain sewerage improvements, and the actual construction bid exceeds the estimates by $290,919.00 mall as described in Exhibit A attached hereto; and WHEREAS, the State of Oregon has agreed to make a grant in the amount of $33,345.00 to the CITY, which leaves a nonfunded cost of $257,574.00 to complete such sewerage project; and WHEREAS, the State of Oregon has agreed to loan such unfunded cost to the City of Woodburn at an interest rate estimated at 6 1/2 % per annum (to be determined by State bond sale), to be repaid over a period of twenty (20) years; and WHEREAS, the above named property owners will be benefitted by such sewerage improvement in direct proportion to the acreages of their properties as set forth on Exhibit B attached hereto (estimated acreage); and WHEREAS, time is of the essence with respect to such construction and the contract for construction must be awarded immediately to take advantage of the current building season and the property owners consider an emergency to exist, and the property owners have, therefore, requested the CITY to impose a charge in lieu of a local improvement district assessment upon such properties since there is insufficient time, under the circumstances, to form a local improvement district; and WHEREAS, all of the parties desire to agree upon an efficient and equitable method of constructing improvements. NOW, THEREFORE, the parties agree as follows: Section 1. CONSTRUCTION OF IMPROVEMENTS. The CITY agrees to construct certain sewerage improvements known as the West Woodburn Sewerage Project and described in the Special Public Works Award Contract, number L91013, and more specifically described in the plans and specifications for such project which are on file with the Public Works Department of the City of Woodbum. The CITY agrees to immediately award the contract to Page 1 - Development Agreement M~I036.AGR the lowest bidder, and to cause the contractor to immediately begin construction and to complete such project according to the plans and specifications set forth in the construction contract. Section 2. BENEFITTED PROPERTY. The terms of this Section 2, as it applies to Pioneer Trust Bank, lq.A., Trustee for John lq. Hooper CPIONEER') shall be subject to the terms of Section 3B below. The above described property owners consider that their properties are being benefitted by the completion of such sewerage project in the proportions as set forth on Exhibit B attached hereto. The property owners agree that their property is benefitted according to their respective acreages, and each of the property owners shall cause a survey to be made of its property and submit the surveyor's certified acreage, which will be final and binding, since Exhibit B is on an estimated basis. Each of the property owners shall further cause its surveyor to submit a legal description to the City of Woodbum setting forth a surveyor's certified legal description for the property to be bound by this Agreement. Attached hereto as Exhibit C are preliminary descriptions, which are estimated to be the actual legal descriptions for the properties, but the surveyors' certified legal description shall be submitted to the CITY and shall be conclusive and binding with respect to each owner. Such survey shall be completed at the cost and expense of the individual owner ordering the survey. Section 3. CHARGE IN LIEU OF A LOCAL IMPROVEMENT DISTRICT ASSESSMENT. A. The terms of this paragraph A, with respect to the obligations of PIONF~ER, are subject to the terms of paragraph B. The property owners normally would petition the CITY to form a local improvement district in order to construct the improvements and amortize the same over time. However, because of the emergency situation and the need to commence construction immediately, there is no time to form a local improvement district and, therefore, the property owners request that the CITY impose a charge in lieu of a local improvement district assessment of $800.00 per acre for the 254.78 estimated acres, or a total charge of $203,800.00, to be spread against the properties according to respective acreage as set forth on Exhibit D attached hereto. The acreages set forth on Exhibit D are estimates, and each of the property owners shall cause a surveyor to certify to the CITY the actual acreage benefitted from his property, and such final certification of acreage shall be binding upon the parties. In no event shall the cost to the property owners exceed the principal sum of $203,800.00 and the balance of all costs shall be bom by the CITY. In the event that project costs exceed the bid for any reason, then the CITY shall be responsible for such payment, and in the event of cost saVings (other than deletions or restrictions of the scope of the work) then the savings shall inure to the benefit of CITY. In the event that the scope of the project is substantially reduced then the cost of those reductions shall be deducted from the contributions of the property owners above described, then the cost of those reductions shall be deducted from the contributions of the property owners above described. The $800.00 per acre charge in lieu of a local improvement district assessment shall be repaid according to the schedule set forth on Exhibit E, which is an estimation of the amortization of $1,000.00 of such principal cost at 6.5% per annum. The actual interest rate to be charged to the property owners shall be the same interest rate as the CITY obtains from the State of Oregon on its loan described in Exhibit A, as determined by State bond sale. Property owners shall not be required to make any payment until January of 1994 since interest shall be deferred for the last quarter of 1991 and for the years of 1992 and 1993. Commencing January 1, 1994, payment shall be made by the owners to amortize the principal and interest on the estimated basis set forth on Exhibit E attached hereto. The parties understand that the actual amortization by payments may differ from Exhibit E inasmuch as the interest rate is currently unknown and interest will only commence as and when principal amounts are advanced, which will be on a periodic basis during construction. The property owners agree that their properties are benefitted in proportion to their acreage as estimated on Exhibit B and to be certified by survey. The property owners further agree that Page 2 - Development Agreement MI~I036.AGR their covenants hereunder, and their liability for repayment to the CITY, shall be a lien upon their respective parcels of real property preliminary described on Exhibit C attached hereto with certified surveyors' descriptions to be furnished to the CITY, and such liens to secure performance as hereinafter set forth. B. The terms of this Section 3 shall apply to PIONEER as follows: (1) There shall be no charge imposed against PIONEER'S property until such time as a sale to a third party is closed and the property is annexed to the City of Woodburn. (2) PIONEER shall not be required to provide a surveyor certified acreage amount or a surveyed legal description of its property until such time as a sale to a third party is closed and the property is annexed to the City of Woodburn. (3) At such time as a sale by PIONEER to a third party is closed and property is annexed to the City of Woodburn the charges described in paragraph A above shall be imposed on the property which is sold and annexed at the rate of $800.00 per acre and the sale agreement shall provide terms consistent with this subsection B. (4) Upon the closing of any such sale, the Purchaser shall assume the obligation to make payments attributable to the purchased properties according to the terms of paragraph A. (5) In the event any installment payment required under paragraph A has been made prior to such purchase, Purchaser shall, within 30 days following the closing of such purchase, reimburse any party or entity which made such payment for that part of the payment which is attributable to the purchased property, plus interest thereon from the date of the payment at the rate of 10% per annum. (6) JACK FOX agrees, with respect to PIONEER'S 4.72 acre tract of I-5, if such property has not sold by January 1, 1994, he will assume and pay the installments relating to such property, to be reimbursed as provided in section (5) above. GEORGE F. BP, ICE, III and PRAIRIE CORPORATION make the same agreement to assume and pay installments with respect to PIONEER'S 172.48 acre tract east of I-5. Section 4. TERMS OF AGREEMENT ARE COVENANTS. It is intended by all parties to this Agreement that all terms of the Agreement shall constitute covenants, conditions and restrictions running with title to the real properties covered by this Agreement, and shall be binding upon the parties to the Agreement, their heirs, executors, and assigns, and shall be a benefit and burden upon the properties described herein. The parties agree that CITY may, in order to recover the costs of improvements described herein, levy assessments against the properties for the specific purpose of enforcing the parties' respective obligations under this Agreement and may enforce payment of said assessments in the manner provided by ORS Chapter 223. Upon each party's completion of its respective obligations under this Agreement, CITY shall release that party ,from CITY's right to secure that party's performance under this Agreement by assessments. Section 5. ASSIGNME~. The parties agree that the terms of this Agreement are binding upon them as well as any successors in interest, heirs or assigns. Each party agrees that prior to any assignment of their respective interest herein that they shall secure from their respective assignees, as a condition of such assignment, the assignee's written Agreement to carry out the assignor's obligations under this Agreement. Page 3 - Development Agreement MI.~'~D 1036.AGR Section 6. RECORDATION. Promptly after its execution by the parties, and its authorization by the City of Woodburn's council, CITY shall record this Agreement in the records of Marion County against each of the properties herein to provide public notice, and especially notice to future owners of property described herein of the conditions, covenants, and restrictions against title to the properties imposed by this Agreement. Section 7. RELEASES. Any of the property owners may satisfy their obligations hereunder with respect to specific acreage by paying unto CITY the amount of the per acre assessment, plus interest with respect to that acreage, and thereupon obtain a release of such acreage from this Agreement. In lieu of paying off such assessment in full with respect to such acreage, such property owner may place cash in an interest bearing irrevocable escrow, or similar account, under terms such that the principal cannot be released without the written Agreement of CITY. Such escrow account will provide that accrued interest will be released to the property owner depositing the funds, and in the event that the periodic payments of the development liability for the acreage released is not made, then such payment shall be made from escrow to the CITY. Upon deposit of the funds and the establishment of an escrow, according to the terms of this paragraph, such acreage shall be released from the lien of this Agreement by CITY. Section 8. TERMINATION AND AMENDMENT. This Agreement shall be terminated upon all parties completion of the obligations hereunder and may be amended by a subsequent written agreement of all of the parties. Section 9. ATTORNEY FEE$. In the event of any suit or action to enforce this Agreement, the prevailing party shall be entitled to, in addition to the statutory costs and disbursements, reasonable attorneys fees to be fixed by trial and appellate courts from the time such action is filed. Section 10. SEVERABILITY. If any provision or part hereof is for any reason determined by a court of competent jurisdiction to be invalid or unenforceable, then such part Page 4 - Development Agreement MISC~I036.AGR shall be severed from this Agreement and the remainder of the Agreement shall remain fully enforceable. DATED this day of , 1991. PIONF. F~R TRUST BANK, N.A., Trustee for John N. Hooper DAVIDSON FARMS, INC. By: By: President KLAW HOLDINGS Secretary PRAIRIE CORPORATION By: By: Keith L. Hershberger, Partner President By: By: A. Warde Hershberger, Partner Secretary George F. Brice, III Jack Fox STATE OF OREGON County of Marion On this day of , 1991, personally appeared before me l ,, who is a of PIONEER TRUST BANK, N.A., TRUST~-~ FOR JOHN N. HOOPP_,R and acknowledged the foregoing instrument to be its voluntary act and deed. Notary Public for Oregon My Commission Expires: Page 5 - Development Agreement MISC'd)1036.AGR STATE OF OREGON County of Marion On this day of ,1991, personally appeared DONALD J. DAVIDSON and DORIS A. DAVIDSON who, being duly sworn, did say that the former is the president and that the htter is the secretary of DAVIDSON FARMS, INC., an Oregon corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and each of them acknowledged said instrument to be its voluntary act and deed. Notary Public for Oregon My Commission Expires: STATE OF OREGON County of Marion On this day of , 1991, personally appeared before me the above named KFJTH L. HERSHBERGER AND A. WARDE HERSHBERGER, co-partners doing business as KLAW HOLDINGS, a partnership, and acknowledged the foregoing instrument to be their voluntary act and deed. Notary Public for Oregon My Commission Expires: STATE OF OREGON County of Marion On this day of ,1991, personally appeared and who, being duly sworn, did say that the former is the president and that the latter is the secretary, of PRAIRIE CORPORATION, an Oregon corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and each of them acknowledged said instrument to be its voluntary act and deed. Notary Public for Oregon My Commission Expires: Page 6 - Development Agreement M [SC~D 103~.AGR STATE OF OREGON County of Marion On this day of ,1991, personally appeared before me the above named GEORGE F. BRICE, m and acknowledged the foregoing instrument to be his voluntary act and deed. Notary Public for Oregon My Commission Expires: STATE OF OREGON County of Marion On this day of ,1991, personally appeared before me the above named JACK FOX and acknowledged the foregoing instrument to be his voluntary act and deed. Notary Public for Oregon My Commission Expires: The City of Woodbum is executing this Agreement for the purpose only of acknowledging and agreeing to the manner in which the property herein is being developed. The City of Woodbum assumes no liability for any of the development contemplated by this Agreement. DATED this day of , 1991. CITY OF WOODBURN By: Page 7 - Development Agreement MISC"~I03~5.AGR / ¢270 Montgomery Str ~/oodburn, Oregon 97071 WOODBURN · 982-5229 August 13, 1991 Yvonne Addington Manager, Oregon Commun'rty Development Programs Economic Development Department 775 Summer St., N.E. Salem, OR 97310 RE: Request for Add'~tional Funds to Complete West Woodburn Sewerage Project, Special Public Works Fund Award Contract #L91013 Dear Ms. Addington: The City of Woodbum is trying to complete a much needed sewerage project to serve the West and Southwest sections of town. Although the State has provided adequate funding support based on the original estimates, the bids are much higher than anticipated. Therefore, additional funding is necessary to accomplish the original goal of · completing the needed sewerage project approved by your department. Originally it was expected that the sewerage project could be completed for $676,000.00 but after receMng the final bids we know that it will take an additional $359,585.00 to complete the planned construction. Therefore, we request funding support as follows: 1. Grant $ 33,345.00 2. Loan ~~_ The entire funds received will be used for the construction of the sewer lines, pump station and related engineering expenditures. The security of the loan will be same as the original loan approved by you for this project. We request that the payment schedule be made in a way that the first two years payments are limited to the interest on the loan only. The other terms be the same as the original grant approved by you for this project. EXHIBIT A '-! H.W.I. PIONEER TRUST 4.72 AC DA. VIDSON FARMS 69.13 Ac HOLDING PIONEER,~ · 'TRUST 172.48 Ac IiLEGEND I~-~ Benefitted Pro J~ Owners ;:)erty Benefitted Property Owners to Share Sewerage Improvement Cost (Additional) ~-- .l PROPER'r? LEGAL TAX LOT NUMBER AND/OR LEGAL DESCRIPTION. PROPERTY TAX LOT NUMBER a. Pioneer Trust (east of I-5) No. of Acres 172.48 44159-000 44155-000 b. Pioneer Trust (west of I-5) c. KLAW Holdings 4.72 8.45 44O69-OOO 44072-000 44075-234 44072-002 d. Da~dson Farms 69.13 44158-OOO Total 254.78 Exhib~ C TAXLOT CALCULATION OF PROPERTY OWNERS' SHARES No. of Acres a. Pioneer Trust (east of I-5) 172.48 b. Pioneer Trust (west of I-5) 4.72 c. KLAW Holdings 8.45 d. Davidson Farms 69.13 Total contribution Total 254.78 254.78 x $800 = $203,800 Note 1. Funding needed = From property owners = $ 257,574 203,8OO Balance (City support) $ 53,774 City will get back its investment through payments from other properties, direct and indirect Exhibit D SHARES /0/'~ 0 ~ 000000000000000000 ~~0~~~0~ ~~0000000000~ ~~000000000000 0 + Exhibit E COUNCIL BILL NO. / -~ -~ ;;~ RESOLUTION NO. A RESOLUTION AUTHORIZING PARKING TIME UMITATIONS AND ESTABLISHING A LOADING ZONE IN SELECTED AREAS IN THE DOWNTOWN HISTORICAL DISTRICT AND CENTRAL BUSINESS DISTRICT. WHEREAS, the City of Woodburn has the authority to control vehicles and pedestrian traffic upon public rights-of-way through Ordinance 1527; and WHEREAS, the members of the Downtown Association have expressed a need to have time limit parking and loading zone restrictions to allow for short term parking during business hours of 9:00 a.m. to 5:00 p.m., Monday through Saturday; and WHEREAS, the City Engineering Division and the Police Department agree that the "20 Min. Parking limitation" and "No Parking Loading Zone" in certain spaces will not create any traffic flow problems and sign installations do conform to Uniform Traffic Code, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The Public Works Director is directed to install "20 Min. Parking" signs and "No Parking Loading Zone" at various locations in the Central Business Distdct and Downtown Historical District between and including the area bounded by Harrison Street to the north, W. Cleveland Street to the south, N. First Street to the west and N. Front Street to the east. Section 2. The Police Chief is directed to enforce the "20 Min. Parking" time limitation and the "No Parking Loading Zone" in the various spaces. Section 3. The Public Works Director or his designate have the authority to analyze the traffic needs an dmake future modApproved as to Form:~..~,~._ ~~__1~~ifications accordingly, ff/~__~/~[ f / 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 Woodbum, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. Z U Z N (.9 Z ,<~ 0 .J Z Ld Ld _J ct- 0 COUNCIL BILL NO. / 5 3 ~ ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE 1807 REGARDING SETBACK DISTANCES OF FENCES ON CORNER LOTS. WHEREAS, residential corner lots must have fence setbacks that are more restrictive than interior lots, and WHEREAS, this restriction is to insure site visibility at street intersection, and WHEREAS, the proposed amendment would still maintain site visibility and allow for more fenced yard for corner lots; NOW THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Add the following section to Chapter 9 of Ordinance 1807: Section 9.085. Fences on Corner Lots - Location and Height. In any side yard adjacent to a street and within 13 feet of the curb line or street shoulder where there is no curb, but not within the right-of-way, fences, walls, and hedges may be up to five feet in height. However, a fence in the vision clearance area of a corner lot along a street shall be limited to 30 inches in height. Fences located in a yard area other than the side or front yard may be up to seven feet in height. Section 2. This ordinance being necessary for the immediate preservation of the public peace, health, and safety, an emergency is delcared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder A'FI-EST: Mary Tennant, Deputy Recorder City of Woodburn, Oregon APPROVED: Fred W. Kyser, Mayor Page I - COUNCIL BILL NO. ORDINANCE NO. MEMO TO: FROM: SUBJECT: DATE: City Council through Acting City Administrator Assistant City Engineer ~ I-5 Sewer Line Bore and Pump Station Wet Well Installations August 21, 1991 RECOMMENDATION This is to recommend that Pipe Tech, Inc., Iow bidder for this project, be awarded the contract for installation of sewer line bore and pump station wet well. The amount of Iow bid is $441,305. BACKGROUND The Iow bid is substantially over engineer's estimate. This overage plus overage on another contract for installation of pumps and piping in wet well and the force main, total to be $359,582.64. This is precisely detailed in Public Works Director's memo of August 8, 1991 to City Council. Construction of this portion of the project is necessary so that deteriorated force main and pump station serving west Woodburn could be replaced. The project will be funded through the State's Economic Development Department grant and loan program. DM:Ig I -SBORE.CC MEMO TO: FROM: SUBJECT: DATE: City Council through Acting City Administrator Assistant City Engineer ~ West Woodburn Sewage System - Pump Station and Force Main August 22, 1991 RECOMMENDATION: It is recommended that Kizer Excavating be awarded the contract for lift station pumping facilities and force main installations. Amount of the Iow bid is $380,290. BACKGROUND: This bid forms a part of the overage beyond engineer's estimate detailed in Public Works Director's memo of August 8, 1991. This project covers the installation of electrical and mechanical pumping equipment and a force main from I-5 area to Lincoln Street near Cascade and will be funded utilizing state approved loan and grant money. DM:Ig PUNPSTAN.CC COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY TO EXECUTE AN AMENDMENT TO A CONTRACT WITH CH2M HILL FOR PROFESSIONAL SERVICES. WHEREAS, the City of Woodbum has received a loan and grant to construct a force main and pump station that will be able to replace the Woodland Avenue pump station and accommodate some growth; and WHEREAS, construction work needs to be started for timely completion of the pumping facility; and WHEREAS, CH2M Hill consultants are on contract for performing facilities planning work, have performed pump station design work, and are willing to perform this construction work using the same hourly rate; and WHEREAS, the pump station sizing, increased depth, and ground water analysis and solution has made the construction bids, along with design cost for CH2M Hill, much higher than anticipated; and WHEREAS, CH2M Hill is absorbing the added cost of design. However, a partial payment not to exceed $18,000 to cover a portion of loss is proper because the design has been done to the City's satisfaction and the contract was based on hourly rate with a "not to exceed" clause. NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: SECTION 1. The City shall enter into the attached Amendment No. 1 to the Agreement For Professional Engineering Services to improve sewerage system, with CH2M Hill for the pump station and force main in the amount of $32,143.00. SECTION 2. Pursuant to this amendment, the City, at its discretion, shall pay to CH2M Hill one-half of the additional consultant design cost not to exceed $18,000 if the payment of this amount is within the budgeted resources. SECTION 3. The Mayor is hereby authorized to sign the amendment. Page 1 - COUNCIL BILL NO. RESOLUTION NO. 08-23-1991 01:23PM FROM TO 19825244 P. 0:] /od,, S. Oa~e APPROVED: Pa~sed by the Council Submitted to the Mayor /kOproved by the Mayor Filed in the Office of fl~e Recorder ATTEST: Mary Ter{nant, Deputy City ~f W~.:x~um, Oregon Fred W. Kyser, Mayor Page 2 - COUNCIL BILL NO. AMENDMENT NO. 1 to the AGREEMENT FOR PROFESSIONAL SERVICES SEWERAGE SYSTEM IMPROVEMENTS The CITY OF WOODBURN, OREGON, as OWNER, and CH2M HILL NORTHWEST, INC., as ENGINEER, have entered into an AGREEMENT for a PROJECT to provide preliminary and final design of the West Woodburn wastewater pump station and raw sewage force main. It has been decided that the PROJECT will be constructed and that the AGREEMENT will be amended to include modifications and additional scope items related to construction. This AMENDMENT specifies those modifications and additions. The following changes, additions, and/or deletions are hereby made a part of the original AGREEMENT as fully and completely as if the same were fully set forth therein: ARTICLE 1. SCOPE OF SERVICES Add the following: "C. Scope of Consultant Services During Construction The Scope of Services During Construction is set forth in Attachment D. D. Scope of Additional City Services The OWNER will perform day-to-day on site construction observation services and construction surveying." ARTICLE 2. COMPENSATION B. Budget Add the following: 'q-he estimated budgetary cost for services described in Attachment D is $32,143. the ENGINEER will make reasonable efforts to complete the work within the budget or work effort can be adjusted if found necessary. The ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the OWNER obligated to pay the ENGINEER beyond these limits. When any budget has been increased, the ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase." OWNER at its sole discretion may pay to ENGINEER one-half of the added cost of design, not to exceed $18,000, in the event that the entire project cost is within the modified, budgeted resources. 08/23/91 11:1! 08/23/91 09:43 '~503 295 4446 '~503 982 5244 CH2M HILL ~I)~N PUI~LIC ~ WDBN PUBLIC WKS --- CE2~ EILL-PDX ~]002/002 1~oo3/oo3 ~o~. 3 ARTICI~ 5. OBUGATIONS OF THE OWNER Add the fallowing: "K. On site Representative That, is the OWNER furnishes certain of the on site representative personnel, qualifications of such personnel will be subject to the review and approval of the ENGINEER. such personnel wa also follow the established procedures of the ENGINEER. for PROJECT observation as completely as they would if they were directly employed by the ENGINEER. L Resident Observation by Owner The OWNER understands that there may be misinterpretations of the ENGINEER's plans and specifications during construction which may lead to errors, unintended actions, and subsequent damage. If the OWNER proceeds with the work without the ENGINEER providing on site representation, the OWNER agrees to indemnify, hold harmless, and defend the ENGINEER against any and all claims which may arise out of the Contractor's performance of work or otherwise." IN WITNESS WHEREOF. the part]es hereto have caused this AMENDMENT to be executed in quadruplicate by their respective authorized officers or representatives. CH2M HILL NORTHWEST, INC. _ r MiChael O,,;K'ennedy, Region~ M~age CITY OF WOODBURN Fred Kyser Date Attest: Mary Tennant~ Deputy City Recorder Date Approved as to Form: City of Wc~dburn Legal Counsel Sy: N. Robert Shields Attachment D SCOPE OF CONSULTANT SERVICES DURING CONSTRUCTION The following services will be provided to the OWNER for Services During Construction of the West Woodburn wastewater pump station and raw sewage force main. 1. Assemble the Contract for execution by the selected Contractor and the OWNER. 2. Assist the OWNER with a preconstruction conference. Provide technical interpretation of the drawings, specifications, and contract documents, and evaluate requested deviations from the design. Prepare monthly construction progress payment recommendations to the OWNER based on information submitted by the OWNER's on site construction observation personnel. Review shop drawings submitted by the Contractor for general conformance with the design concept of the PROJECT and for general compliance with the information given in the contract documents. Make site visits at intervals appropriate to the various stages of construction to observe the progress and quality of the work and to endeavor to determine, in general, if the work is proceeding in accordance with the intent of the contract documents. Review Contractor proposals for change orders and assist the OWNER in negotiation of change orders. Review operation and maintenance manuals submitted by the Contractor regarding compliance with the general intent of the contract documents. With the OWNER, conduct a final inspection of the PROJECT. Submit a letter upon which final settlement and termination of the construction contract can be based. 10. Prepare record drawings using marked-up plans and details kept by the Contractor and the OWNER's on site construction observation personnel. CB1278A. CH2 MEMO TO: FROM: City Council through the City Administrator Public Works Program Manager SUBJECT: Cooperative Improvement Agreement with State of Oregon and Wal-Mart Stores, Inc. DATE: August 21, 1991 RECOMMENDATION: Approve the attached resolution that authorized the City to enter into an agreement with the State of Oregon and Wal-Mart Stores, Inc. for the installation of a traffic signal at Hwy 214 and Evergreen Road. BACKGROUND: Installation of a traffic signal at Hwy. 214 and Evergreen Road was a part of the agreement with Wal-Mart for development of their property along Stacy Allison Way. Since the State is authorized to determine the type of traffic control signals to be used and to place or erect them on State highways, the State of Oregon has initiated this agreement. There will be no cost to the City for the construction of the signal. The State will provide the traffic signal controller and cabinet and Wal-Mart will pay for all other construction project costs. The City's obligations under the agreement are limited to granting access to City right-of-way for installation and maintenance of the signal, properly maintaining the asphaltic concrete pavement around signal detector loops, and paying for power required to operate the signal. RR:Ig SIGNAL COUNCIL BILL NO. t~5~ RESOLUTION NO. A RESOLUTION ENTERING INTO A COOPERATIVE IMPROVEMENTAGREEMENT WITH THE STATE OF OREGON AND WAL-MART STORES, INC. FOR THE INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF HILLSBORO/SlLVERTON HIGHWAY AND EVERGREEN AND AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN SUCH AGREEMENT. WHEREAS, Wal-Mart Stores, Inc. is planning to develop property it owns, and WHEREAS, to provide acceptable traffic circulation patterns on public highways and roads in the vicinity of the developed property the State of Oregon, City of Woodburn, and Wal-Mart Stores, Inc. plan and propose to install a traffic signal at the intersection of Hillsboro/Silverton Highway and Evergreen, and WHEREAS, the agreement has been reviewed by the City Attorney, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into a cooperative improvement agreement, which is attached as Exhibit "A" and by this reference incorporated herein, with the State of Oregon and Wal-Mart Stores, Inc. to install a traffic signal at the intersection of Hillsboro/Silverton Highway and Evergreen. Section 2. That the Mayor and City Recorder are authorized to sign said agreement on behalf of the City. ~ Approved as to form.~~ ,(~'~~ ~-'"' Z Z- q / 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 I - COUNCIL BILL NO. RESOLUTION NO. ., . August 5, 1991 Misc. Contracts & Agreement No. 10754 COOPERATIVE IMPROVEMENT AGREEMENT PRELIMINARY ENGINEERING AND CONSTRUCTION FINANCE THIS AGREEMENT is made and entered into by and between THE STATE OF OREGON, acting by and through its Department of Transportation, Highway Division, hereinafter referred to as "State"; WAL-MART STORES, INC., who is authorized to transact business in the State of Oregon, acting by and through its Company Officials, hereinafter referred to as "Company", and the CITY OF WOODBURN, acting by and through its Elected Officials, hereinafter referred to as "City". W I T N E S S E T H RECITALS 1. For the purpose of providing acceptable traffic circulation patterns on public highways and roads in the vicinity of a development on property owned by Company, State, City and Company plan and propose to install a traffic signal at the intersection of Hillsboro/Silverton Highway and Evergreen, in the City of Woodburn, hereinafter referred to as "project". The location of project is approximately as shown on the sketch map attached hereto, marked Exhibit A, and by this reference made a part hereof. State shall provide the traffic signal controller and cabinet and Company shall pay for all other project costs. 2. State, Company, and City understand that the signal location may not be permanent, and relocation may occur when the future highway modernization project, Pacific Highway East - Park Street, is constructed. 3. By the authority granted in ORS 366.425, State may accept deposits of money, or an irrevocable letter of credit, from any person, firm, or corporation for the performance of work on any public highway within State. When said money or a letter of credit is deposited, State shall proceed with the project. Money so deposited shall be disbursed for the purpose for which it was deposited. 4. By the authority granted in ORS 810.210, State is authorized to determine the character or type of traffic control signals to be used, and to place or erect them upon State highways at places where State deems necessary for the safe and expeditious B3291004 Contract No. 10754 WAL-MART STORES, INC. / CITY OF WOODBURN control of traffic. No traffic control signals shall be erected or maintained upon any State highway by any authority other than the State, except with its written approval. Traffic signal work on this project shall conform to the current state standards and specifications. NOW, THEREFORE, the premises being in general as stated in the foregoing RECITALS, it is agreed by and between the parties hereto as follows: STATE OBLIGATIONS 1. State shall, at Company expense, review and approve all roadway and traffic signal plans and specifications prior to advertisement for construction bids. 2. State shall, at no expense to Company or City, provide a fully tested traffic signal controller and cabinet for the project. 3. State shall, at Company expense, inspect the construction of the project to insure all work on the project conforms to current State standards. 4. State shall, at Company expense, perform the signal equipment field testing and turn-on. 5. State shall, upon signal turn-on and proper operation, perform all necessary maintenance of the traffic signals, and pay all maintenance costs at no expense to City or Company; and shall retain complete jurisdiction and control of the timing established for operation of the traffic signals. 6. State shall compile accurate cost accounting records. Company may request a statement of State costs to date at anytime by submitting a written request. When the actual total State costs of the traffic signal portion of project have been computed, State shall furnish Company with an itemized statement of said final costs, including preliminary and construction engineering, and all contingency items attributable to project. 7. State shall, at Company expense, paint necessary lane lines upon completion of Company Obligation number 5. B3291004 -2- Contract No. 10754 WAL-MART STORES, INC. / CITY OF WOODBURN COMPANY OBLIGATIONS 1. Company shall, at its own expense, conduct the necessary traffic investigations, identify and obtain the required permits, arrange for relocation or adjustment of any conflicting utility facilities, perform all preliminary engineering and design work for the traffic signal portion of project. 2. Company shall prepare traffic signal plans and specifications. 3. Company shall provide the necessary right-of-way and easements for any required roadway work and shall furnish all related right-of-way maps and descriptions for said right-of-way. 4. Company shall advertise for bid proposals, award all contracts and furnish all construction engineering, material testing other than the controller, tehnical inspection, and project manager services for administration of the contract for the traffic signal. 5. Company shall, at its own expense, layout the necessary lane lines and channelization, and erect the required directional and traffic control signing for the project. 6. Company shall, upon receipt of a fully executed copy of this agreement, forward to State an advance deposit or irrevocable letter of credit in the amount of $2500.00, said amount being equal to the estimated total cost for the review of plans and specifications, and construction inspection for the project. 7. Upon completion of the project and receipt from State of an itemized statement of the actual total cost of State's participation, Company shall pay any amount which, when added to Company's advance deposits, will equal 100 percent of actual total State costs for the project, including preliminary and construction engineering, and all contingency items attributable to the project. Any portion of said advance deposits which is in excess of the total State costs will be refunded or released to Company. B3291004 -3- Contract No. 10754 WAL-MART STORES, INC. / CITY OF WOODBURN CITY OBLIGATIONS 1. City hereby Grants State and Company the right to enter into and occupy City street right-of-way for the installation of, and the performance of necessary maintenance for the traffic signal equipment, including vehicle detector loops. 2. City shall maintain the asphaltic concrete pavement surrounding the vehicle detector loops installed in the City Streets in such a manner as to provide adequate protection for said detector loops, and shall adequately maintain the pavement markings and signing installed in accord with the plans and specifications. 3. City shall, upon signal turn on and proper operation, provide and pay for 100 percent of the power costs for the traffic signal. 4. City shall enter into and execute this agreement during a duly authorized session of its City Council. GENERAL PROVISIONS 1. State, City, and Company agree and understand that a mutual review of the traffic signal and roadway improvement plans and specifications will be conducted prior to advertisement for construction bid proposals, and that State's prior written approval is necessary before such advertisement. 2. Subject to the limitations of the Oregon Constitution and statutes, Company, City, and State each shall be solely responsible for any loss or injury caused to third parties arising from Company's, City's, or State's own acts or omissions under this agreement, and Company, City, or State shall defend, hold hammless and indemnify the other parties to this agreement with respect to any claim, litigation or liabilty arising from Company's, City's, or State's own acts or omissions under this agreement. 3. The Contractor, its subcontractors, if any, and all employers working under this Agreement are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage for all their subject workers. B3291004 -4- Contract No. 10754 WAL-MART STORES, INC. / CITY OF WOODBURN IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. This project was approved by the Oregon Transportation Commission on July 23, 1991, as part of the Six-Year Highway Improvement Program. The Oregon Transportation Commission, by a duly adopted delegation order, authorized the State Highway Engineer to sign this agreement for and on behalf of the Commission. Said authority has been further delegated to the Traffic Engineer pursuant to Subdelegation Order HWY-4 paragraph 3. APPROVAL RECOMMENDED By Region Engineer APPROVED AS TO LEGAL SUFFICIENCY STATE OF OREGON, by an through its Department of Transportation Highway Division By~ Traffic Engineer Date. By. Asst. Attorney General WAL-MART STORES, INC. by and through its Company Officials CITY OF WOODBURN, by and through its Elected Officials By Title By. Mayor By. Recorder Date Date Company billing address: Wal-Mart Stores, Inc. 701 South Waldon Blvd. Bentonville, AR 72716 Phone: (501) 273-4000 By B3291004 -5- ~x~,~;~ ~ ~ 5 ? CLUB FAP 75 ST. HILLSBORO- "1 SANT EXHIBIT A HWY. NO. 140 L~NCOLk, ~(OTK & ST. ? M'EMO TO: FROM: SUBJECT: DATE: City Council through Acting City Administrator Leland Schaudies, Public Works Department ~-~ Acceptance of an Easement Prepared to Accommodate a Parcel of Reduced Size and Replacing an Existing Easement August 21, 1991 RECOMMENDATION: Accept the easement as rewritten. BACKGROUND: The original document provided an easement 60 feet deep and 20 feet wide and fit a lot 75 feet wide and 173feet deep. In 1991, a lot line adjustment reduced the lot width by 10 feet. Robert and Lois Montgomery are the present owners and are transferring this property to the Shirley family and acknowledging their approval of the revised easement. The easements, as presented with this memo, will provide an adequate easement and will provide room for the home the Shirley family wants to construct. , ~ LOT 7 BLOCK 3 BLOCK 3 S HAY ~. $99~J . / North line of Volume 775. Page 368 -- Lot 4 Block 3 I. ACCESS ~ /o£ KNOW AL[. MEN BY THESE PRESENTS, that Robert Edwin Montgomery and Lois May Montgomery, for consideration of One Dollar ($1.00) and other valuable considerations to them paid, the receipt whereof hereby is acknowledged, hereby do forever grant unto the CITY OF WOODBURN, a Municipal Corporation of Marion County, Oregon, referred to herein as the CITY, a permanent fight-of-way and easement over and along the fun width and length of the premises described as follows, to-wit: Beginning at a point on the East line of Smith's Addition to Woodburn, said point being 110.00 feet South 16° 41' West from the Northwest comer of a tract of land conveyed to Robert Edwin and Lois May Montgomery by deed recorded in Volume 775, page 368, Marion County Deed Records; thence South 75° 15' 12" East 172.90 feet to the west line of Settlemier Avenue; thence South 16° 48' 25" West along the West line of Settlemier Avenue 65 feet to the True Point of Beginning; From the Tree Point of Beginning running North 75° 15' 12" West 172.76 feet to a point on the East line of Smith's Addition; thence North 16° 41' East along Smith's Addition to a point 5 feet perpendicular to the south property line; Thence South 75° 15' 12" East parallel to and 5 feet northerly of the south property line to a point 30 feet west of the west fight-of-way line of Settlemier Avenue; Thence northerly parallel to the right-of, way to a point 20 feet perpendicular to the south line of the subject properly; thence South 75° 15' 12" East parallel to the south 30 feet, more or less to the west right-of-way line; thence South 16° 48' 25" West 30 feet, more or less, along the west fight-of-way to the point of beginning, all situated in the northwest 1/4 of Section 18, Township 5 South, Range I West, Willamette Meridian, Marion County, Oregon NOTE: THIS EASEMENT REPLACES THAT EASEMENT RECORDED APRIL 5, 1974 IN VOL 774 PAGE 804, MARION COUNTY DEED RECORDS with the right, privilege and authority, to said City, to construct, maintain, replace, reconstruct and remove sewer facilities, with all appurtenances incident hereto or necessary therewith, in, under and across the said premises, and to cut and remove from said fight-of-way any trees and other obstructions which may endanger the safety or interfere with the use of said facilities, or appttrtenances attached or connected therewith; and the right of ingress and egress to and over said above described premises at any and all times for the purpose of doing anything necessary or useful or convenient for the enjoyment of the easement hereby granted. THERE IS RESERVED TO THE GRANTOR, his heirs and assigns, the fight and privilege to use the above described land of the Grantor at any time, in any manner and for any purpose not inconsistent with the fun use and enjoyment by the Grantee, its successors and assigns, of the fights and privileges herein granted. The Grantee is responsible for operating and maintaining the above deserlbed works of improvement. THE CITY SHALL, upon each and every occasion that the sewer facilities is constructed, maintained, replaced, reconstructed or removed, restore the premises of the grantors, and any buildings or improvements disturbed by the City, to as good condition as they were in prior to any such installation or work, but if not practicable, then pay to Grantors reasonable compepsa, tion. ~.' ) SS COUNTY OF M~aON ) On this the ztmrday of ~991, before me a Notary Public in and for the County and State personally appeared. ~oOeA.t ~ ;~,,;,, 7-q,,~"t,~,-~ ~. known to me to be the same person(s) whose names are subscribed to thd within {nstn~ent and a~knowledged that they voluntarily executed the same for the purpose therein contained. MONTGOM.ACC IN WITNESS WHEREOF, I hereunto set my hand and offidai seal. Before me: ~1~ '-~, I~OT'AI~ PUBLIC FOR OREGON ~ _,~. ~~,-L MY Commission ExPires: LY~i~..I A. GERSTNEI~ , .N?,T,,~,.Y PL, SLIC - OREGO~J / KNOW ALL MEN BY THESE PRESENTS, that JERKY N. SHIRLEY and NANCY SHIRLEY, for conSideration of One Dollar ($1.00) and 'other valuable considerationS to them paid, the receipt whereof hereby is acknowledged, hereby do forever grant unto the CiTY OF WOODBURN, a Municipal Corporation of Marion County, Oregon~ referred to herein as the CITY, a permanent right-of-way and easement over and along the full width and length of the premises described as follows, to-wit: Beginning at a point on the East line of Smith's Addition to Woodburn, said point being 110.00 feet South 16° 41' West from the Northwest corner of a tract of land conveyed to Robert Edwin and Lois May Montgomery by deed recorded in Volume 775, page 368, Marion County Deed Records; thence South 75° 15' 12" East 172.90 feet to the west line of Settlemier Avenue; thence South 16° 48' 25" West along the West line of Settlemier Avenue 65 feet to the True Point of Besi m ; From the Tree Point of Begirmlng running North 75° 15' 12" West 172.76 feet to a point on the East line of Smith's Addition; thence North 16° 41' East along Smith's Addition to a point 5 feet perpendicular to the south property line; Thence South 75° 15' 19." East parallel to and 5 feet northerly of the south property line to a point 30 feet west of the west right-of-way line of Settlemier Avenue; Thence northerly parallel to the right-of-way to a point 20 feet perpendicular to the south line of the subject property;, thence South 75° 15' 12" East parallel to the south 30 feet, more or less to the west right-of-way line; thence South 16° 48' 25" West 30 feet, more or less, along the west right-of-way to the point of beginning, all situated in the northwest 1/4 of Section 18, Township 5 South, Range 1 West, Willamette Meridian, Marion County, Oregon NOTE: THIS EASEMENT REPLACES '~r'IAT EASEMENT RECORDED APRIL 5, 1974 IN VOL 774 PAGE 804, MARION COUNTY DEED RECORDS with the right, privilege and authority, to said City, to conStruct, maintain, replace, reconstruct and remove sewer faeilkies, with all appurtenances inddent hereto or necessary therewith, in, under and across the said premises, and to cut and remove from said right-of-way any trees and other obstructionS which may endanger the safety or interfere with the use of said facilities, or appurtenances attached or connected therewith; and the right of ingress and egress to and over said above described premises at any and all times for the purpose of doing anything necessary or useful or convenient for the enjoyment of the easement hereby granted. THERE IS RESERVED TO THE GRANTOR, his heirs and assigns, the right and pri .vi!' ege to use the above-described land of the Grantor at any time, in any manner and for any purpose not inconsistent with the full use and enjoyment by the Grantee, its successors and assigns, of the rights and privileges herein granted. The Grantee is responSible for operating and maintaining the. above described works of improvement. THE CITY SHALL, upon each and every occasion that the sewer facilities is constructed, maintained, replaced, reconsu'ucted or removed, restore the premises of the grantors, and nay buildings or improvements disturbed by the City, to as good condition as they were in prior to any such installation or work, but if not practicable, then pay to Grantors reasonable comp....e~.., atign. . /,-" // / · . ...... ,~ STATE OF OREGON } )SS COUNT OF ) On this the l~'~day of Oa~.~r 19flZ before me a Notary Public in and for the County and State pe/-sonally a. ppeared. ~TeRe~ N. $ ~,~.~, ¢. %lt;~t,~} known to me to be the same person(s) whose flames are'subscribed to the within instrument and aeknowiedged that they voluntarily executed the same for the purpose therein eontalned. IN WITNESS WHEREOF' I hereunt° set mY hand and °fficial seal' ~.r%o._~. '~~ NOTARY PUBLIC My Commission Expires: ~-7-q '-/ EASEMENT Project No. 616 KNOW ALL MEN BY THESE PRESENTS, that dOtlN E. ZERZAN and LORENE A. ZERZAN, for the consideration of One Dollar ($1.00) and other valuable considerations to them paid, the receipt whereof hereby is acknowledged, hereby do forever grant unto the CITY OF WOODBURN, a Municipal Corporation of Marion County, Oregon, referred to herein as the CITY, a permanent right-of-way and easement over and along the full width and length of the premises described as follows, to-wit: Beginning at a point on t~e East line of Smith's Addition to Woodb-~n said point being South 16~ 48' West 220 feet from the Southwest co~ of a tract of land conveyed to Robert J. Wellman and Virginia A. Well- man, by deed dated June 12, 1952, and recorded June 16, 1952, in Volume 440, Page 665, Deed Records for Marion County, Oregon; thence Easterly parallel to the said Wellman tract 203.5 feet, more or less, to the center of Settlemier Avenue; thence Southerly along the center of said Settlemier Avenue 75.0 feet; thence Westerly parallel to ~aid Wellman tract 26.4 feet, more or less, to the West right-of-way line of Settle- mier Avenue. TO THE TRUE POINT OF BEGINNING; thence continuing Westerly parallel to said Wellman tract 60.0 feet; thence Northerly parallel to the centerline of Settlemier Street 20.0 feet; thence Easterly parallel to said Wellman tract 60.0 feet; thence Southerly along the West right- of-way line of Settlemier Avenue 20.0 feet to the TRUE POINT OF BEGIN- NING. with the right, privilege and authority, to said City, to construct, maintain, replace, reconstruct and remove sewer facilities, with all appurtenances incident thereto or necessary therewith, in, under and across the said premises, and to cut and remove from said right-of-way any trees and other obstructions which may endanger the safety or interfere with the use of said facilities, or appurtenances attached or connected therewith; and the right of ingress and egress to and over said above described premises at any and all times for the purpose of doing anything necessary or useful or convenient for the enjoyment of the easement hereby granted. THERE IS RESERVED TO 'THE GRANTOR, his heirs and assigns, the right and privilege to use the above-described land of the Grantor at any time, in any manner and for any purpose not inconsistent with the full use and enjoyment by the Grantee, its successors and assigns, of the rights and privileges herein granted. The Grantee is responsible for operating and maintaining the above described works of improvement. THE CITY SHALL, upon each and every occasion that the sewer facilities is constructed, maintained, replaced, reconstructed or removed, restore the premises of the grantors, and any buildings or improvements disturbed by the City, to as good condition as they were in prior to any such installation or work, but if not practicable, then pay to Grantors reasonable compensation. - Page I of 2 - MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Leland Schaudies, Public Works Department ~ Acceptance of Waterline Easement and Sewedine Easement August 21, 1991 RECOMMENDATION: That the city council accept the easements as indicated on the map below. 'LAS. CAP "E.C 1.84 ACRES 2 ~/~/.~..~). ~ ~ 3.25 ACRES ~ 2.67 ACRES 2.67 ACRES 2.32 ~RES 1.64 ACRES 4.14 ACRES 5/8" t. I.R. w/AL. CAP RT. STA. 864*02.5 I I/4" I. B: S. 52° I:5'30''w, ; P.C. STA. 861'97.5 t V4" f.e. 0o~ DATA' 10' C.R. :0o20'30 = 102.5' KNOW ALL MEN BY THESE PRESENTS, that C. W. Bagley, Ray W. Johnson and Marlin Hammond, trustees of the certain Trust Agreement dated November 16, 1973, for the consideration of One Dollar ($1.00) and other valuable considerations to them paid, the receipt whereof hereby is acknowledged, hereby do forever grant unto the CITY OF WOODBURN, a Munidpal Corporation of Marion County, Oregon referred to herein as the CITY, a permanent right-of-way and easement over and along the full width and length of the premises described as follows, to wit: Part I -Waterline easement: An easement, 16 feet wide, described as follows: Beginning at the southeast corner of Lot 2, Block 4, Industrial Park Addition No. 3; thence North 57° 56' 27* west along the south line of said Lot 2, 245.18 feet to the southeast comer of that parcel described in Reel 723, Page 110, Marion County Deed Records; thence North 32° 03' 33" east 24 feet; thence South 57° 56* 27~ East 16 feet; thence South 320 03* 33" West 8 feet; thence South 57° 56* 27a East 229.18 feet, more or less, to the East line of LOt 2; thence South 32° 12' 30' West 16 feet, more or less, to the point of beglrming. Part II -Sewerline easement: An easement, 16 feet wide, described as follows: Beginning at a point 245.18 feet North 570 56' 27" West and North 32° 03' 33" east 192.14 feet, more or less, from the southeast comer of Lot 2, Block 4, to the Northeast corner of that parcel of land conveyed to Halter Oil Co. by Warranty Deed recorded in Reel 723, Page 110, Marion County Deed Records, the point of beginning: Thence running South 570 56' 27" East 16 feet; thence South 32° 03~ 33' east 16 feet; thence North 570 56' 27" West 16 feet to the Fast line of Halter Oil Company property; thence North 32° 03' 33" east along the Halter Oil Company East line 16 feet to the point of beginning, all situated in Lot 2, Block 4, Industrial Park Addition No. 3 in the NE 1/4 of Section 8, Township 5 south, Range I West, Willamette Meridian, Marion County, with the right, privilege and authority, to said City, to construct, maintain, replace, reconstruct, remove, and add to, a utility pipeline or pipelines, with all appurt~nsnces incident thereto or necessary therewith, in, under and across the said premises, and to cut and remove from said right-of-way any trees and other obstructions which may endanger the safety or interfere with the use of said pipelines, or appurtenances attached or connected therewith; and the right of ingress and egress to and over said above descn'oed pr~ml.ses at any and all times for the purpose of doing anything necessary or useful or convenient for the enjoyment of the easement hereby granted. THE CITY SHALL, upon each and every occasion that such facilities are conslructed, maintained, replaced, reconstructed or removed, or added to, restore the premises of the Grantors, and any improvements disturbed by the City, to as good condition as they were in prior to any such installation or work, but if not practicable, then pay to Grantors reasonable compensation. THE GRANTORS, heirs and assigns, reserve the right to use the premises for walkways, driveways, planting, and related purposes, and all facilities shall be at a depth consistent with these purposes. EXCEPTION: No structure shall be placed within the easement, or within 45° projection upward from the bottom of the pipe. STATE OF OREGON ) SS COUNTY OF MARION ) On this the .g,~z-~day of County and State personally appeared. / 19~/, before me a Notary Public in and for the who, being dul~ sw~-n~ each for himself and not one for the other, did say that the former is the d r-r),s~T¢- ,0.~ present and that the latter is the secretary of , a corporation, and that the seal affixed to the foregoing instalment is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors; and each of them acknowledged said insm~nent to be its voluntary act and deed. Before me: NOTARY PUBLIC FOR OREGON t [ MEMO TO: FROM: SUBJECT: DATE: City Council through the City Administrator Public Works Program Manager ~ Sale of Four Surplus Clarifier Systems from Old Sewage Treatment Plant August 21, 1991 RECOMMENDATION: Approve the sale of four surplus clarifier systems from the old sewage treatment facility to Logan International, Ltd. for $2,000.00. BACKGROUND: Three bids were received for the four clarifier systems. The systems include the iron works, cat walks, drive systems, motors, and other system parts. The bids were: Bidder Logan International, Ltd Special Operations Services R.V. McKinnis Engineering Total Bid $ 2,000 1,900 1,600 These items are surplus to city needs and Public Works has identified no possible uses for these items either presently or in the future. They have been unused for over ten years and are being sold as is. The bidder will be responsible for all costs for removal of the clarifier systems. RR:Ig CITY OF WOODBURN REPORT ON INVESTMENTS FISCAL YEAR ENDED JUNE 30, 1991 INTRODUCTION One role of city management is to safeguard the assets of the city, and, where possible, increase the value of these assets. Because cities have revenues which are cyclical, whereas expenditures fall more evenly through the year, there are times when there is more cash than needed for current expenditures. This cash does not represent excess funds but funds labeled for later expenditures. It is important that cash not lay idle while being safeguarded for future expenditures. By earning interest on cash, another source of revenue is created, thereby reducing the revenue needed from other sources. Investments for the City are governed by Oregon law and the investment policy of the City. Oregon law limits the kinds of investments local governments may make. If Oregon law does not specifically authorize an investment, then local government is forbidden to make the investment. Investors generally try to balance risk associated with an investment against the return that investment offers. Oregon law specifically limits investments for municipal governments to investments which are considered to have almost no risk, or at the very most, very little risk. Those investments which are allowed by Oregon law are summarized on the following pages. These investments are considered the safest investments which can be made because they are either guaranteed directly or indirectly by the U.S. government or they are backed with more than one guarantee. (For instance, a Bankers' Acceptance is an irrevocable primary obligation of the accepting bank; also, an obligation of the originating importer/exporter. Further security is given by the documents evidencing ownership of the goods financed and insurance on these goods.) Also listed in the following section are those investments allowed by the City of Woodburn's Investment Policy. As you will see, the investment policy of the City is more conservative than that of the State and the State Investment Pool. Following this first section which outlines in what the City can and cannot invest, is a summary of this past year's investment activity. OFFICE OF THE STATE ANTHONY MEEKER State Treasurer STEPHEN S. SMITH, JR. Deputy State Treasueer SUMMARY OF 159 STATE CAPITOL SALEM. OREGON 97310 Teleco~er (.503) 378-6772 INVESTMENTS AVAILABLE TO MUNICIPALITIES JANUARY 1990 Treasury Bills: Considered the most secure short-term investment because of their guarantee by the U.S. Government. Minimum $10,000, increments of $5,000 thereafter. Auction purchases available in 3, 6, and 12'month'maturities. Market purchases available in one week to one year maturities (ORS 294.035 (2)). Treasury' Notes: Considered the most secure medium-term investment because of their guarantee by.the U.S. Government. Minimum $1,000 or $5,000 depending on maturity. Auction purchases available in 2, 10 year maturities. Market purchases available one week to 10 year maturities (ORS 294.035 (2), ORS 294.135). Treasury Bonds: Auction purchases available in 30 year maturities, market purchases available one week to 30 year maturities. Minimum denomination $1,000 (ORS 294.035 (2), ORS 294.135}. Treasury STRIPS: Zero coupon U.S. Government guaranteed securities. Minimum investment $1,000. Available in maturities out to 30 years (ORS 294.035 (2), ORS 294.135). Securities of U.S. Govermment A0encies and U.S. Government Sponsored Enterorises (#Aoencies'): Considered the next most secure investment after Treasuries. Most are not U.S. Government guaranteed, but are chartered-and supervised by the U.S. Government. Minimum $1,000 to $1,000,000 depending'on enterprise and maturity. Maturities from one week to 40 years (ORS 294.035(2), ORS 294.135). FOR COMPLETE LISTING OF ABOVE SECURITIES, SEE OCTOBER 1989 REVISED LIST Municipal Bonds: Legally issued general obligations of the states of Oregon, Washington, Idaho, and California, their agencies and instrumentalities. Limited.kinds of lawfully issued bonds of Oregon counties, cities, ports, and school districts. Available in minimum denominations of $5,000 (ORS 294.035 (3), (4), (5), ORS 204.040). B~nker~' Acceptances: Irrevocable unconditional guarantee of the accepting bank. Acceptances may only be guaranteed by "qualified financial institutions", meaning a financial institution that is located in the State of Oregon, licensed to do a banking business and not required under ORS 295.018 to maintain a reserved deposit of collateral having a value not less than 110 percent of its public fund deposits. Minimum investment $20,000 to $100,000 (ORS 294.035 (11)). Certificates of Deposit: FDIC insured to $100,000, 25% collateralized and guaranteed by the issuing bank. Minimum $500 to $100,000. Maturities from 14 days through 5 years. Non-negotiable, significant penalty for early withd~awl. Available from banks, savings and loan associations, mutual savings banks which maintain a head office or a. branch in Oregon (ORS 294.035 (7)). Money Market Accounts: FDIC insured to $100,000, 25% collateralized and guaranteed by the bank of deposit. Minimum initial deposit $1,000 to $5,000; rated felix frequency from weekly to quarterly; interest generally paid monthly; interest calculation varies from simple interest 6o daily compounding. Available from institutions listed under Certificates of Deposit (ORS 294.035 (7)). Repurchase Agreements: Purchase of U.S. Treasury and/or Agency securities with simultaneous agreement to resell from one to.g0 days in the futuze. Standard Master Repurchase Agreements approved by the Public Securities Association must be on file with the counter-party before entering into such transactions. Typical minimum denomination $100,000 (ORS 294.135 (2)). Commercial Paper: Unsecured promissory notes issued Primarily by industrial firms and finance companies. Available from certain Oregon dorporations rated A-2/P-2 or better by Standard & Poor's and Moody's, and from other United States corporations rated A-l/P-1. Generally $100,000 minimums. Allocation and budget restrictions apply (ORS 294.035 (12), (13)) Local Government Investment Pool: No minimum investment, $20,000,000 maximum investment. $1,000,000 maximum same-day transaction, unlimited transaction amount with one or more day's notice. Rate fluctuates daily (ORS 294.810). vEe~_e2L~9 ReDo: Loans of securities owned by a local government on a fully collateralized basis. Generally $100,000 minimum; only permitted when specifically authorized under an investment policy which has been reviewed by the Short Term Fund Board (ORS 294.145 (3)). Oregon law also permits certain other investments in limited circumstances. For example: ORS 294.035(1) authorizes a local government to purchase its own obligations from certain funds; ORS .294.035(6) permits counties to use certain funds to buy bonds issued in connection with a master plan; ORS 294.035(8), (9), and (10) permit deferred compensation funds to be invested in share accounts and savings accounts in credit unions, and in certain insurance contracts and trusts; ORS 294.053 permits counties to invest in master warrants; and, ORS 294.125 permits ports to invest in bonds of export trading corporations. THIS LIST IS PROVIDED AS A COURTESY BY THE OREGON STATE TREASURY. IT'S PURPOSE IS TO SUMMARIZE INVESTMENTS THAT ARE AVAILABLE TO LOCAL GOVERNMENTS PURSUANT TO THE OREGON REVISED STATUTES - SPECIFIC QUESTIONS MAY STILL ARISE. THE TREASURY NEITHER RECOMMENDS NOR ADVISES AGAINST THE ABOVE INVESTMENTS- LOCAL GOVERNMENTS MUST ASSESS THE APPROPRIATENESS OF EACH INVESTMENT BASED ON MATURITY,CREDIT QUALITY, DIVERSITY, AND ALL OTHER ASSOCIATED CONSIDERATIONS. CITY OF WOODBURN INVESTMENT POLICY SECURITY SELECTION Maximum percentages of securities listed below have been set based on the assumed risk factors for each security. All securities are also included in the list of "U. S. Government and Agency Securities for Local Government Investments Under ORS 294.035 and 294.040." This list was compiled by the Office of The Oregon State Treasurer and revised September, 1985. U.S. Treasury Bills, Notes and Bonds (Maturing in less than eighteen months) State of Oregon Local Government Investment Pool Banker's Acceptances Oregon-Issued Non-Negotiable Time Certificates Commercial Banks Savings and Loan U.S. Government Agency Discount Notes and Bonds (U.S. Government and Agency Securities for Local Government Investments under ORS 294.035 and 294.040, prepared by the Oregon State Treasurer's Office) 75% Maximum 100% Maximum 50% Maximum 25% Maximum 10% Maximum 50% Maximum MATURITY SCHEDULING In accordance with the Woodburn Investment Policy, staggered maturities are recommended to ensure against risk and to make available funds for unexpected cash requirements (provide liquidity). This is called Maturity Scheduling. The following schedules will be used as a guideline for investments: Under 30 days Under 90 days Under 180 days Under 360 days Under 18 months 10% Minimum 25% Minimum 75% Minimum 90% Minimum 100% Minimum Maturities exceeding eighteen months must be approved by the Woodburn City Council. SUMMARY OF YEAR'S INVESTMENTS Following this section are copies o£ the Local Government Investment Pool's monthly reports for December, 1990 and June, 1991. The graphs present a good picture of what happened to the U.S. economy during this time. From these reports it can be seen that through this fiscal year, interest rates continued to move down as the year progressed. The bench mark of short term interest rates is the 3-Month U.S. Treasury Bill (T-Bill). In Suly, 1990, the T-Bill rate was at 7.73 percent and at the end of the fiscal year (June, 1991) was at 5.68 percent. Experts see this falling of rates as the result of the weak economy as demonstrated with weak sectors in housing, employment, consumer sentiment and bank commercial and industrial loans outstanding. As interest rates have declined, the City has decreased investments outside the State Pool because the Pool has in many cases quoted interest rates as much as one percent higher than those of Treasuries and Bank C.D.s, etc.. The City's investment policy does not specify Commercial Paper as an investment to be made outside the State Pool. Commercial Paper traditionally pays higher interest than those investments listed in the City's investment policy, and the Pool usually has more than 40 percent of its money invested in Commercial Paper. Also the State Pool works with from three to four billion dollars which gives it the leverage to have access to opportunities denied to smaller investors. Following the Government Investment Pool Reports, we have listed activity in the City's investment portfolio for the year and a month-by-month accounting by security type and maturity scheduling. LOCAL GOVERNMENT POOL ANALYSIS 8.2 8,1 8 ?.8 *j,.! 6.8 &.? 6.6 ?-3! 090 8.--31-90 9-a0,--90 10-31 -.90 11-~0-90 12-31-90 0 LG/P '1- HILLS ~, CD'8 A DGIqOGHUB*S LOCAL GOVERNMENT POOL AN~/.YSIS AS OF DECEMBER 31, 1990 7-31-90 8-31-90 9-30-90 10-31-90 11-30-90 12-31-90 AV DOLLARS INVESTED (MM) 1,180.978 1,167.648 1,129.390 1,067.481 1,398.773 1,917.301 LGIP ANNUAL'YIELD (ACT/360) 8.16350 8.11177 8.14538 8.03816 8.00890 7.98800 3-MO UST BILLS (BOND EQ YLD) 7.730 7.610 7.350 7.340 7.250 6.690 3-M0 JUMBO CDS (ACT/360) 7.250 7.250 7.250 7.125 7.125 6.625 DONOGHUE'S MMF (ACT/365) 7.840 7.760 7.740 7.700 7.620 7.450 ~OTE: "LGIP ANNUAL YIELD" IS THE AVERAGE YIELD FOR THE ENTIRE MONTH. "3-MO UST BILLS" YIELD IS THE YIELD FOR THE TREASURY BILL ISSUE MATURING CLOSEST TO 3 MONTHS FROM MONTHEND. "3-M0 JUMBO CDS" IS THE HIGHEST POSTED RATE REC'D BY THE TREASURY FROM OREGON BANKS AS OF MONTHEND. CONSEQUENTLY, WHEREAS THE YIELD ON UST BILLS SHOULD NORMALLY BE LOWER THAN CD RATES THE FACT THAT THE QUOTES ARE UP TO A WEEK DIFFERENT IN TIME MAY RESULT IN AN APPARENT REVERSAL OF THIS SITUATION. LOCAL GOVERNMENT POOL ANALYSIS 7.5 7.3 7.1 6.9 6.7 6.5 6.3 6.1 5.9 ..:+ 5.'7 ~ 1/31/91 2/28/91 3/31/91 4/30/91 5/31/91 ; 6/30/91 , I I~ BILLS ~- CD'S ~o ~E I --_ LGIP Local Government Pool Analysis As Of June 30,1991 1131191 2~28~91 3131191 4~30~91 5/31191 6130191 AV DOLLARS INVEE1ED (MM) 1,779.627 1,782.256 1,747.057 1,679.614 1,722.818 1566.152 LGIP ANNUAL YIELD (ACT/360) 7.71222 7.5523 7.07784 7.06184 6.3589 6.56183 3-MO UST BILLS (BOND EQ YLD) 6.380 6.290 5.980 5.760 5.597 5.68 3-MO JUMBO C'DS (ACTf360) 6.500 6.125 6.000 5.875 5.750 5.875 DONOGHUE'S MMF (ACT/365) 7.090 6.660 6.320 6.060 5.830 5.83 NOTE: 'LGIP Annual Yield" is the average y¢id for the enti~ month. "3-MO UST BILLS" yield is the yeild for the Treasury Bill Issue maturing closest to 3 months from monthencL "3-MO JUMBO CDS" is the highest posted rate received by the Treasury from O~gon banks as of monthead. Consequendy, whereas the yeiid on UST Bills should normally be lower than CD rates, the fact that the quotes are up to a week different in time may result in an apparent reversal of this situation. CITY OF WOODBURN ANALYSIS OF INVESTMENTS JULY 31, 1990 INVESTMENT PORTFOLIO AT MONTH END PERCENT SECURITY SELECTION State of Oregon Investment Pool U. S. Treasury Bills, Notes & Bonds Banker's Acceptances Time Certificates - Commercial 1,774,539.49 209,758.20 480,608.35 0.00 71.99% 8.51% 19.50% 0.00% Total 2,464,906.04 100.00% MATURITY SCHEDULING PERCENTAGE LENGTH OF INVESTMENT Under 30 days Under 90 days Under 180 days Under 360 days Under 18 months 1,774,539.49 1,774,539.49 2,255,147.84 2,464,905.04 2,464,906.04 71.99% 71.99% 91.49% 100.00% 100.00% Total Interest Earned 19,479.60 Interest also includes that earned in all regular bank accounts. /6,'/ CITY OF WOODBURN ANALYSIS OF INVES~NTS AUGUST 31, 1990 INVg-STMENT PORTFOLIO AT MONTH END PERCENT SECURITY SELECTION State of Oregon Investment Pool U. S. Treasury Bills, Notes & Bonds Banker's Acceptances Time Certificates - Commercial 1,360,568.58 209,758.20 293,785.42 0.00 72.99% 11.25% 15.76% 0.00% Total 1,864,112.20 100.00% MATURITY SCHEDULING PERCENTAGE LENGTH OF INVESTMENT Under 30 days Under 90 days Under 180 days Under 360 days Under 18 months 1,360,568.58 1,360,568.58 1,654,354.00 1,864,112.20 1,864,112.20 72.99% 72.99% 88.75% lOO.00% 100.00% Total Interest Earned 16,081.08 Interest also includes that earned on all regular bank accounts. CITY OF WOODBURN ANALYSIS OF INVF_3TMENTS SEPTEMBER 30, 1990 1NVI~$TMENT PORTFOLIO AT MONTH END PERCENT SECURITY SELECTION State of Oregon Investment Pool U. S. Treasury Bills, Notes & Bonds Banker's Acceptances Time Certificates - Commercial 1,281,738.03 209,758.20 490,682.09 0.00 64.66% 10.58% 24.75% 0.00% Total 1,982,178.32 100.00% MATURITY SCHEDULING PERCENTAGE LENGTH OF INVESTMENT Under 30 days Under 90 days Under 180 days Under 360 days Under 18 months 1,281,738.03 1,478,634.70 1,772,420.12 1,982,178.32 1,982,178.32 64.66% 74.60% 89.42% 100.00% 100.00% Total Interest Earned 15,812.73 Interest also includes that earned on all regular bank accounts. CITY OF WOODBURN ANALYSIS OF INVESTMENTS OCTOBER 31~ 1990 INVESTMENT PORTFOLIO AT MONTH END PERCENT SECURITY SELECTION State of Oregon Investment Pool U. S. Treasury Bills, Notes & Bonds Banker's Acceptances Time Certificates - Commercial 997,558.75 209,758.20 49o, 2.o9 0.00 58.75% 12.35% 28.90% 0.00% Total 1,697,999.04 100.00% MATURITY SCHEDULING PERCENTAGE LENGTH OF INVESTMENT Under 30 days Under 90 days Under 180 days Under 360 days Under 18 months 997,558.75 1,194,455.42 1,488,240.84 1,697,999.04 1,697,999.04 58.75% 70.34% 87.65% 100.00% 100.00% Total Interest Earned 14,864.00 Interest also include~ that earned on all regular bank accounts. CITY OF WOODBURN ANALYSIS OF INVESTMENTS NOVEMBER 30, 1990 INVES'rlv~NT PORTFOLIO AT MONTH END PERCENT SECURITY SELECTION State of Oregon Investment Pool U. S. Treasury Bills, Notes & Bonds Banker's Acceptances Time Certificates - Commercial 2,349,685.64 209,758.20 196,896.67 0.00 85.25% 7.61% 7.14% 0.00% Total 2,756,340.51 100.00% MATURITY SCHEDULING PERCENTAGE LENGTH OF INVESTMENT Under 30 days Under 90 days Under 180 days Under 360 days Under 18 months 2,349,685.64 2,546,582.31 2,546,582.31 2,756,340.51 2,756,340.51 85.25% 92.39% 92.39% 100.00% 100.00% Total Interest Earned 14,344.57 Inter~t also include~ that earned on all regular bank accounts. CITY OF WOODBURN ANALYSIS OF INVF_3TMENTS DECEMBER 31~ 1990 INVESTMENT PORTFOLIO AT MONTH END PERCENT SECURITY SELECTION State of Oregon Investment Pool U. S. Treasury Bills, Notes & Bonds Banker's Acceptances Time Certdieates - Commercial 2,883,172.12 209,758.20 298,000.00 0.00 85.03% 6.19% 8.79% 0.00% Total 3,390,930.32 100.00% MATURITY SCHEDULING PERCENTAGE LENGTH OF INVESTMENT Under 30 days Under 90 days Under 180 days Under 360 days Under 18 months 3,181,172.12 3,181,172.12 3,181,172.12 3,390,930.32 3,390,930.32 93.81% 93.81% 93.81% 100.00% 100.00% Total Interest Earned 23,805.97 Interest also includes that earned on all regular bank accounts. CITY OF WOODBURN ANALYSIS OF INVESTMENTS JANUARY 31, 1991 INVES~~ PORTFOLIO AT MONTH END PERCENT SECURITY SELECTION State' of Oregon Investment Pool U. S. Treasury Bills, Notes & Bonds Banker's Acceptances Time Certificates - Commercial Banks 2,645,396.09 229,782.20 0.00 0.00 92.01% 7.99% 0.00% 0.00% Total 2,875,178.29 100.00% MATURITY SCHEDULING PERCENTAGE LENGTH OF INVESTMENT Under 30 days Under 90 days Under 180 days Under 360 days Under 18 months 2,665,420.09 2,665,420.09 2,665,420.09 2,875,178.29 2,875,178.29 92.70% 92.7O% 92.70% 100.00% 100.00% Total Interest Earned 21,946.48 Interest also includes that earned on all regular bank accounts. CITY OF WOODBURN ANALYSIS OF INVESTMENTS FEBRUARY 28, 1991 INVESTMENT PORTFOLIO AT MONTH END PERCENT SECURITY SELECTION State of Oregon Investment Pool U. S. Treasury Bills, Notes & Bonds Banker's Acceptances Time Certificates - Commercial Banks 2,801,717.19 20,130.00 0.00 0.00 99.29% 0.71% 0.00% 0.00% Total 2,821,847.19 100.00% MATURITY SCHEDULING PERCENTAGE LENGTH OF INVESTMENT Under 30 days Under 90 days Under 180 days Under 360 days Under 18 months 2,821,847.19 2,821,847.19 2,821,847.19 2,821,847.19 2,821,847.19 100.00% 100.00% .100.00% 100.00% 100.00% Total Interest Earned 18,384.06 Interest also includes that earned on all regular bank accounts. CITY OF WOODBURN ANALYSIS OF INVES~~S MARCH 31, 1991 INVESTMENT PORTFOLIO AT MONTH END PERCENT SECURITY SELECTION State of Oregon Investment Pool U. S. Treasury Bills, Notes & Bonds Banker's Acceptances Time Certificates - Commercial Banks 2,769,444.83 20,087.00 0.00 0.00 99.28% 0.72% 0.00% 0.00% Total 2,789,531.83 100.00% MATURITY SCHEDULING PERCENTAGE LENGTH OF INVESTMENT Under 30 days Under 90 days Under 180 days Under 360 days Under 18 months 2,789,531.83 2,789,531.83 2,789,531.83 2,789,531.83 2,789,531.83 100.00% 100.00% 100.00% 100.00% 100.00% Total Interest Earned 18,975.11 Interest also includes that earned on all regular bank accounts. CITY OF WOODBURN ANALYSIS OF INVESTMENTS APRIL 30, 1991 INVESTMENT PORTFOLIO AT MONTH END, PERCENT SECURITY SELECTION State of Oregon Investment Pool U. S. Treasury Bills, Notes & Bonds Banker's Acceptances Time Certificates - Commercial Banks 2,869,278.79 20,190.00 0.00 0.00 99.30% 0.70% 0.00% 0.00% Total 2,889,468,79 100.00% MATURITY SCHEDULING PERCENTAGE LENGTH OF INVESTMENT Under 30 days under 90 days Under 180 days Under 360 days · Under 18 months 2,889,468.79 2,889,468.79 2,889,468.79 2,889,468.79 2,889,468.79 100.00% 100.00% 100.00% 100.00% 100.00% Total Interest Earned 18,735.51 Interest a~o includes that earned on all regular bank accounts. CITY OF WOODBURN ANALYSIS OF INVESTMENTS MAY 30, 1991 INVESTMENT PORTFOLIO AT MONTH END PERCENT SECURITY SELECTION State of Oregon Investment Pool U. S. Treasury Bills, Notes & Bonds Banker's Acceptances Time Certificates - Commercial Banks 2,992,574.39 20,287.oo 0.00 0.00 99.33% 0.67% 0.OO% 0.OO% Total 3,012,861,39 100.00% MATURITY SCHEDULING PERCENTAGE LENGTH OF INVESTMENT Under 30 days under 90 days Under 180 days Under 360 days Under 18 months 3,012,861.39 3,012,861.39 3,012,861.39 3,012,861.39 3,012,861.39 IO0.OO% IO0.O0% 100.00% 100.00% 100.00% Total Interest Earned 17,978.07 Interest also includes that earned on all regular bank accounts. CITY OF WOODBURN ANALYSIS OF INVESTMENTS JUNE 30, 1991 INVF_3TMENT PORTFOLIO AT MONTH END PERCENT SECURITY SELECTION State of Oregon Investment Pool U. S. Treasury Bills, Notes & Bonds Banker's Acceptances Time Certificates - Commercial Banks 2,680,260.06 20,368.00 0.00 0.00 99.25% 0.75% 0.00% 0.00% Total 2,700,628.06 100.00% MATURITY SCHEDULING PERCENTAGE LENGTH OF INVESTMENT Under 30 days Under 90 days Under 180 days Under 360 days Under 18 months 2,700,628 06 100.00% 2,700,628.06 100.00% 2,700,628.06 100.00% 2,700,628.06 100.00% 2,700,628.06 100.00% Total Interest Earned 18,199.27 Interest also includes that earned on all regular bank accounts. CITY OF WOODBURN PORTFOLIO MASTER SUMMARY SCHEDULE OF TRANSACTION - FISCAL YEAR ENDED JUNE 30, 1991 INVESTMENTS ON HAND AT THE BEGINNING OF THE FISCAL YEAR U.S. National Bank of Oregon - Bankers Acceptance $500,000 (PAR) BEGINNING/MATURITY DATE # OF DAYS INTEREST RATE 2/5/90 - 8/3/90 179 8.11 AMOUNT $480,608.33 Federal Farm Credit Bank $200,000 (PAR) (Rolled in U.S. Treasury Strip on July 23, 1990) BEGINNING/MATURITY DATE 2/27/90 - 7/23/90 # OF DAYS INTEREST RATE 117 8.4 AMOUNT INVESTMENTS PURCHASED DURING THE YEAR U.S. Treasury Strip Zero Coupon Bond $219,000 (PAR) BEGINNING/MATURITY # OF DAYS INTEREST RATE 7/23/90 - 2/15/91 207 7.80 AMOUNT $209,758.9O U.S. National Bank of Oregon - Bankers Acceptance $300,000 (PAR) BEGINNING/MATURITY 8/23/90 11/26/90 - # OF DAYS INTEREST RATE AMOUNT 95 8.02 $293,785.42 PORTFOLIO MASTER SUMMARY SCHEDULE OF TRANSACTION - FISCAL YEAR ENDED JUNE 30, 1991 PAGE 2 U.S. National Bank of Oregon - Bankers Acceptance $200,000 (PAR) BEGINNING/MATURITY 9/21 90 - 11/30/90 # OF DAYS INTEREST RATE AMOUNT 70 8.1 $196,896.67 U.S. National Bank of Oregon - Bankers Acceptance $300,000 (PAR) BEGINNING/MATURITY 12/03/90 1/2/91 # OF DAYS INTEREST RATE AMOUNT 30 8.05 $298,000.00 Repurchase Agreement $205,000 (PAR) Sold at 105 BEGINNING/MATURITY # OF DAYS INTEREST RATE AMOUNT 2/15/91 - 2/19/91 4 5.3 $219,743.58 EXPECTATIONS FOR FISCAL YEAR 1991-92 It is expected that this year interest rates will continue to fall for some undetermined time. If this is true, return on investments would fall if the mount invested remains constant. It is the goal of the Finance Department to speed up transfers to the pool and slow down transfers out so that funds have the maximum length of time to earn interest~ The Council might at some future time examine the securities allowed by Woodburn Investment Policy and include some or all of those investments not presently included which are allowed by state law for municipal governments. This would still be an extremely safe, conservative policy. MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Community Development Department Transportation Plan August 21, 1991 At the city council meeting of August 12, 1991 a brief discussion took place regarding the development of a more detailed transportation plan. It was apparent from that discussion additional information is necessary for council review to obtain a clearer view of the importance of this plan. GAN BE INGQRPORATED INTO A '[flA, k~2RTATION COMPUTER MOOEL. THE COLLECTION OF DATA ASSIST~ OF A TEMPORARY EMPLOYEF- AFTER THIS MOOEL IS DEVELOPED, THE CITY CAN THEN PROCEED WITH THE PROCESS OF OEVELOPING A LONG RANGE'Ii~k145PORTATION PLAN. WHAT FOLLOWS IS A BRIEF SYNOPSIS OF WHY THIS PROJECT IS SO IMPORTANT TO THE CITY. A. The Oregon State Highway Division has canceled the environmental study of the project to upgrade Hwy 214 between I-5 and Park Ave. and to improve the freeway interchange. Their reason is based on the fact that the city's rapid growth had outdated the project design. One way to compensate for this growth is to use a transportation model that allows future transportation needs to be incorporated into the highway design. Attached is an explanation of the Urban Transportation Planning System (UTPS) model and work outline. State Highway is currently planning to develop a scope of work for a contractor to rescope the project and accomplish the environmental study. The state has expressed c°ncern about the lack of east-west arterials in the project area to alleviate some of the pressure on Hwy 214. State Highway will not develop this scope of work until the UTPS model is completed. The Highway Division is willing to develop the computer model. The city would have to develop the data but the state would put this information into their computer, generate the data, and provide the city with this information plus provide the city its own computer program. This computer program (UTPS) would save the city several thousand dollars since Woodburn would not have to purchase the program itself. Co The UTPS will help substantiate, through the analysis ,of traffic impacts, the city's position for the addition of another interchange. Addition of another interchange will require extensive justification, many years, and under current state policy, city or developer paying 50% of the cost. D. The updated transportation plan will assist the city council in prioritizing street and highway improvements. This, in turn, will facilitate the update of the city's capital improvement Page 1 -Transportation Plan Memo Fo program. This information will also be required to develop system development charges for streets. The state transportation planning rule requires that all cities with a population of 2,500 or more must have an updated transportation plan in place in five years. It is city staff's opinion we cannot wait that long. To take advantage of the state highway division offer to use their UTPS system the city must act now. This does mean that we will need to hire temporary help to gather data as outlined on the attached sheet. This would be a short term exercise of three to four weeks. TRANPLAN.MEM Page 2 - Transportation Plan Memo Woodburn Modeling Work Outline Data ReqUirements For Transportation MOdeling ae Be Origin and destination (O&D) data (desired but not necessary) Traffic Counts on the major street network Speed data on the major street network 1. average speed run data 2. posted speed data Dwelling unit (DU) and employment data for the base year (1990) and the future study year (2020) 1. dwelling unit types a. single family DU b. multiple family DU c. mobile home DU 2. employment categories a. retail b. services c. school d. industrial e. government f. other II.. Data Collection Responsibilities A. The city and the SSG would collect the O&D data, traffic counts 1. the SSG to provide counts on state highways 2. the city to provide counts on city streets 3. the county or c~ty to provide counts on county roads The city and county would develop the requested Land-Use data (DU's and employment data) III. Modeling Work A. The SSG and city would develop transportation analysis zones (TAg) B. The SSG and city would establish the major street network C. The city would collate the land-use data and assign to the TAg's D. The SSG would calibrate the transportation model to the base year count data and generate a loading E. The SSG would generate a loading for the future:year for a "No Action" street system F. The SSG would generat'e a loading for the future year for a "Committed" street system G. The SSG would generate a loading for the future year for the "Build" street systems MH 4-24-91 WOODBURN POLICE DEPARTMENT 270 Montgomery Street Woodburn, Oregon 97071 982-2345 Ken ;~lri 9ht Chief of Police STAFF REPORT DATE: TO: FROM: RE: AUGUST 21, 1991 KEN WRIGHT, CHIEF OF POLICE PAUL E. NULL, LT NORCOM ENHANCE 9-1-1 CONVERSION, COMPUTER AIDED DISPATCH House Bill 3564 requires that implementation of Enhanced 9-1-1 telephone service throughout Oregon by January 1, 1997. The House Bill also provides funding for the Enhanced 9-1-1 system through a 3% telephone tax which was imposed in 1981. Current monies available for the upgrade of Enhanced 9-1-1 and Computer Aided Dispatch System are $506,796.00. The 9-1-1 User Board have been working on the E 9-1-1 System upgrade for over one year and is nearing the final steps in the purchase of the new system. The Request for Proposal (RFP) have been developed, and bids for the systems have been received. The Installation of the system can be broken down into three categories: Dispatch Console--The Console will physically house the hardware for the E 9-1-1 Phone system, Computer Aided Dispatch (CAD), Zetron paging system, Call Back Recording system, etc. The low bid received for the console was from MODUCOM for $76,000. Computer Aided Dispatch (CAD)--The CAD system will automate the dispatch center and enhance the E 9-1-1 system. The CAD software is supported by IBM computer hardware. The low bid received for the CAD system was from New World Systems for $88,716. E 9-1-1 Telephone System--The E 9-1-1 telephone system will bring the dispatch center into compliance with House bill 3564. We are looking into the feasibility of replacing the present phone system with a system that is compatible with E 9-1-1. The low bid received was from U. S. West for $90,000. which included a new phone system. Other cost that will be incurred in the 9-1-1 upgrade will be a modem and printers for off sight fire and police departments, a computer to link to the cities network, and software cost to network with the Law Enforcement Data Center. Currently we are in the position to move forward in the purchase of the Dispatch Console, and will be presenting a specification contract to the cities Contract Review Board by next Council Meeting Sept.9, 1991. Ed Rector is working with the CAD vendor to insure their CAD system is in compliance with the RFP and compatible with the Law Enforcement Data Center. U.S. West is in the process of installing the E 9-1-1 system for Salem Dispatch Center, and cannot start work on the Woodburn E 9-1-1 system until Salem is on line which is expected to be August 31, 1991. House Bill 3564 also provides for a partial repayment of funds expended for the E 9-1-1 system, if the funds are expended by December 31, 1991.