Loading...
Agenda - 12/10/1990 CITY OF WOODBURN 270 Montgomery Street . Woodburn, Oregon 97071 · 982-5222 AGENDA WOODBURN CITY COUNCIL DECEMBER 10, 1990 - 7:30 P.M. 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. MINUTES A. City Council minutes of November 26, 1990. 3A B. Planning Commission minutes of November 8, 1990. 3B C. RSVP Advisory Council minutes of November 12, 1990. 3C D. Woodburn Downtown Association minutes of November 13, 20 and 27, 1990. 3D E. Woodburn Comeback Campaign minutes of November 20, 1990. 3E and November 13, 1990. 4. APPOINTMENTS AND ANNOUNCEMENTS A. Oaths of Office. B. Presentation - Service Awards to Nancy Kirksey and Larry Minard. C. Ballot election of president of the Council. D. Announcements: (1) Community Center Christmas Festival and Tree Ughting, December 15, 1990, 6:00 p.m. (2) Rescheduled Council meeting moved from December 24th to December 17, 1990 at 7:30 p.m. Page 1 - Agenda, Woodburn City Council of 12/10/90 1r 5. COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn Comeback Campaign 6. COMMUNICATIONS A. Written - none 7. BUSINESS FROM THE PUBLIC 8. PUBLIC HEARING 9. TABLED BUSINESS 10. GENERAL BUSINESS A. Council Bill No. 1263: Ordinance adopting revised subdivision regulations and standards. 10A B. Council Bill No. 1264: Resolution adopting Statement of Fair Housing Practices. 10B C. Council Bill No. 1265: Resolution adopting amendment to Memorandum Agreement for Housing Rehabilitation professional services. 10C D. Council Bill No. 1266: Resoltuion accepting Capital Grant for Dial-A-Ride van replacement. 100 11. APPROVAL OF CLAIMS 12. PUBLIC COMMENT 13. NEW BUSINESS 14. SITE PLAN ACTIONS 15. STAFF REPORTS A. Supplement to Mobile Home Regulations. 16. MAYOR AND COUNCIL REPORTS 17. ADJOURNMENT Page 2 - Agenda, Woodburn City Council of 12/10/90 " 3.4 COUNCIL MEETING MINUTES November 26, 1990 TAPE READING 0001 DATE. COUNCIL CHAMBERS, Q1Y HALL, Q1Y OF WOODBURN, COUN1Y OF MARION, Sf ATE OF OREGON, NOVEMBER 26, 1990. 0003 CONVENED. The Council met in regular session at 7:30 p.m. with Mayor Kirksey presiding. 0012 ROIl. CAU.. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kirksey Hagenauer Jennings Kyser Minard Sifuentez Steen Present Present Present Present Present Absent Absent Staff Present: City Administrator Quinn, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police Chief Wright, Deputy Recorder Tennant 0020 MINUTES. JENNINGS/MINARD.....approve the Council meeting minutes of November 7, 1990 and accept the Park and Recreation Board minutes of October 4, 1990, and November 15, 1990; the RSVP Advisory Council minutes of November 13, 1990; the Librazy Board minutes of October 24, 1990 and the Woodburn Comeback Campaign minutes of November 6, and 13, 1990. The motion passed unanimously. 0031 APPOINTMENTS AND ANNOUNCEMENTS. Mayor Kirksey restated that she would let the new mayor (Fred Kyser) make the appointments to the Cable Television Advisory Committee when he takes office on December 10, 1990. 0053 COMMlTfEE REPORT - WOODBURN COMEBACK CAMPAIGN. Jilda Ballweber, 395 Smith Drive, Woodburn, reported on recent "block parties" held by the Woodburn Comeback Campaign and presented the group's agenda: 1) Policing of existing laws; 2) Migrant concerns; and 3) Beautification of the downtown area. Page 1 - Council Meeting Minutes, November 26, 1990 ~ 3A COUNCIL MEETING MINUTES November 26, 1990 TAPE READING 0100 OLee HF.ARING - GRANT SfREET MARKET. The public hearing was opened at 7:35 p.m. by Mayor Kirksey. City Attorney Shields stated that the hearing was being held in accordance with OLCC Administration rules. Police Chief Wright briefly reviewed criteria used by OLCC in determining whether or not a license should be denied. Walter Aho, P. O. Box 163, Molalla, Oregon, attorney representing the applicants, stated that the store is located one and one-half blocks from an existing grocery store that has a liquor license. He also stated that the applicants have operated a store in Molalla without any problems and that the Grant Street Market would be an additional business to be operated by family members. He stated that the OLCC license is needed to operate based on economic feasibility. 0390 Marshall Serna, 444 Young Street, Woodburn, Oregon, spoke in opposition, citing ORS 471.295 (1) as grounds for refusal. He stated that it would add to the undesirable activities in the downtown area. Jilda Ballweber, of the Woodburn Comeback Campaign, also spoke in opposition and expressed the opinion that the store should not be dependent upon selling alcohol. Valerie Parkhill, P. O. Box 604, Woodburn, Oregon, works for the Home Helpers agency located on Grant Street, and feels that the City does not need to have additional alcohol sales in the downtown area. Lucien Klien, 500 Marshall Street, Woodburn, Oregon, spoke in opposition and of the contrast between location in Molalla vs downtown Woodburn. He stated that the business owner cannot control what customers will do after they leave the store. Eloise Thompson, 331 S. Columbia, Woodburn, Oregon, stated that in light of the probable impacts of Measure 5 on the police department, she was opposed to granting of this license. Lewis Paulson, 451 Smith Drive, Woodburn, Oregon, stated that he owns property at 270 Grant Street. He stated that the property value was $46,400 in 1986-87; $34,800 in 1988-89; and $36,960 in 1989-90. He would like to see some sign of improving the value of his property and improving the downtown area. Carlos Nunez, 583 W. Hayes Street, Woodburn, Oregon, stated that he was opposed to granting the OLCC license. He stated that the Alcohol Anonymous program for Hispanics would not benefit from adding another liquor outlet in town. Loretta Wondgram, 314 E. Lincoln Street, Woodburn, Oregon, stated that she is opposed to granting the license. Mike Bizon, 896 Kelowna Street, Woodburn, Oregon, spoke of special problems and needs of the downtown area and problems which have been contributed to by the consumption of alcohol. Page 2 - Council Meeting Minutes, November 26, 1990 .. 311 COUNCIL MEETING MINUfF.S November 26, 1990 TAPE READING 0974 Attorney Aho stated that his clients were familiar with the problems in Woodburn, but feel that the store will improve the downtown area. They feel that the alcohol will be purchased by consumers at some store within the City and could still be brought to the downtown area. The public hearing was declared closed at 7:58 p.m.. Councilor Minard stated that testimony indicates that most of the population of the area around the site drinks on the street, etc, leaving litter behind, as well as unsanitary conditions due to there being no public restrooms in the downtown area. Councilor Jennings referred to ORS 471.295 and stated that granting the license ' would have a negative impact since the owner has no control over activity displayed by consumers through alcohol or related litter. Attorney Shields stated that at the last meeting there was motion to deny the license, however, a notice of the public hearing was provided to approve or deny this license. KYSERlMINARD.....Recommendation to deny the OLCC package store application. The motion passed unanimously. Attorney Aho, on behalf of the applicant, stated that the license application would be withdrawn. 1450 JENNINGS/SIFUENTEZ.....Motion to suspend Council rules and move to New Business. Motion passed unanimously. Mayor Kirksey requested that the Council review the liquor license of the Homeplate Market. Police Chief Wright stated that he was not aware of any current violations of the Homeplate Market and is unable to do anything until the license renewal or new applications are given. 1595 COUNCIL BIlL NO. 1261 - ORDINANCE RECLASSIFYING PROPERlY LOCATED NORm OF STATE IDGHWAY 214 AND EAST OF PROGRESS WAY. AMENDING CERTAIN PROPERlY FROM INDUSfRIAL TO COMMERCIAL. AMENDING ZONING ORDINANCE FROM IP - INDUSTRIM. PARK TO CG - COMMERCIAL GENERAL. Council Bill 1261 was introduced by Councilor Kyser. The bill was read by title only since there was no objection from the Council. Second reading was by title only. On roll call vote for final passage the motion passed unanimously.Mayor Kirksey declared Council Bill 1261 duly passed. 1685 BUSINESS REGISTRATION AND BUSINESS UCENSING. Councilor Jennings suggested a public hearing on the subject of Business Licenses and requested that a hearing be held in January. Councilor Kyser does not object to a public hearing and feels there is a need to have business registration. Page 3 - Council Meeting Minutes, November 26, 1990 1f .3Ji COUNCIL MEETING MINUfES November 26, 1990 TAPE READING A public hearing was scheduled to be held at the first regular Council meeting in January, 1991. 2000 BID AWARD - TRACIlON DRIVEN SAND SPREADER. Public Works Manager Rohman stated that the machine spreads the sand close to the ground to prevent throwing of rocks and sand and proving to be more economical. He states that the machine has an option to warn the driver when out of sand, thus saving time and effort. JENNINGS/MINARD.....Motion to approve $14,475.00 for purchase of sand spreader EPOKE Model TK12H3 from Environmental Pollution Control. The motion passed unanimously. 2075 PLANNING Sf AGE OF GRACE VIUAGE PROPERlY SALE. City Administrator Quinn stated that in order to proceed with the sale, we must set a hearing date and set procedures necessary to advertise for bid. A discussion followed. Councilors Kyser and Minard suggested that the bid be set at the appraised value of the property plus the taxes. 2350 It was the consensus of the Council to release information to prospective bidders. JENNINGS/HAGENAUER.....Motion to accept the dates of January 7th as opening the bids, and January 14th as hearing date as per the City Administrator's recommendation. 2390 EXECUTIVE SESSION. JENNINGS/KYSER....Motion to adjourn to executive session as per ORS 192.660 (1) (D). The motion passed unanimously. The Council met in executive session to discuss the AFSCME union contract negotiations. Adjourned to executive session, 8:45 p.m. Executive session convened, 8:50 p.m. Executive session adjourned, 9:08 p.m. Regular session reconvened, 9:10 p.m. 2405 COUNCIL BILL NO. 1262 - A RESOLUllON AUnIORIZING EXECUTION OF A "COlLECTIVE BARGAINING AGREEMENT" wrm LOCAL 642. AF.S.C.M.R. TO BECOME EFFECTIVE JULY 1. 1990 TIlROUGH JUNE 30.1993. The resolution was introduced by Councilor Kyser. The bill was read by title since there was no objection from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1262 duly passed. Page 4 - Council Meeting Minutes, November 26, 1990 31/ COUNCIL MEETING MINUfES November 26, 1990 TAPE READING 2463 APPROVAL OF CLAIMS FOR 1HE MONTII OF OCTOBER. 1990 SIFUENTEz;HAGENAUER...Motion to approve voucher checks no. 2923 - 3410 for the month of October, 1990. The motion passed unanimously. 2535 MUSEUM LEASE. Councilor Kyser informed Council that he has been in contact with Robert Sawtelle and will be discussing this with Park and Recreation Director Holly before the first of the year. 2580 Councilor Sifuentez stated that the unity in the downtown area is encouraging. 2625 Public Broadcasting (PBS) had a program on the Wastewater Treatment Plant in Arcadia, California, shoeing low technology mechanisms for treating wastewater having lower environmental drawbacks. It was requested that CH2M Hill and the City of Arcadia be contacted and asked to give information on the technology used. Councilor Minard expressed appreciation to Public Works for cutting blackberry vines on West Lincoln Street. He stated that although he is aware of a lawsuit concerning vines, he wished to state that he would be a witness for the City if necessary to state that these vines did not interfere with seeing the stop sign. 2824 Councilor Jennings praised the Cleveland Street Improvement and suggested some sort of recognition or ribbon cutting to recognize the steering committee, in particular, AI Sprauer, Becky Piper, Sally Klien and Jimmy McClaine. He stated that he thought this should be done soon, and not wait for Public Works Week, usually held in May of each year. 2953 Councilor Jennings suggested that a Budget workshop be held in January to understand the impact that Measure 5 will have on the City. 3094 ADJOURNMENT. The meeting adjourned at 9:25 p.m. APPROVED Nancy A. Kirksey, Mayor ATTEST Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page 5 - Council Meeting Minutes, November 26, 1990 " 8871 8881 8886 8888 8907 1) 373- MINUTES PLANNING COMMISSION NOVEMBER 8, 1990 ROLL: President Vice President commissioner Commissioner commissioner commissioner commissioner commissioner Mr. Mr. Mr. Mrs. Mrs. Mr. Mr. Mr. Johnson Getman Vallieres Warzynski Sprauer Park Shillig Rappleyea Present Absent Present Present Present Present Present Present 2) staff Present: steve Goeckritz, community Development Director Barbara Sochacka, city Planner MINUTES: The Woodburn Planning Commission minutes for October 25, 1990 were accepted as presented. The Woodburn City council minutes for were accepted as presented. The Woodburn Downtown Association minutes of were accepted as presented. 3) COMMUNICATIONS: None 4) PUBLIC HEARINGS: A. sign Ordinance Amendment Case #90-01 was continued until the next meetin9, so that the individual who wl.shed to seek amendements to the sign ordinance could be present. B. Driveway Access, Variance Case #90-03, Woodburn School District Staff read the necessary statement to start the public hearing. Staff reported the applicant was requesting to widen the approach off Hi9hway 214 of the south entrance of French pral.rie Middle School from 24 I to 40 I . Staff stated that the present driveway approach was of concern due to potential traffic hazards. Staff stated that granting the variance would improve safety conditions in this area. Staff recommended approval of the variance. 1 "11' 9143 9150 9152 9183 9188 9487 31:."3- Commissioner Warzynski asked if the widening would be towards the west, away from the intersection. 5) staff replied yes. President Johnson asked if this could be made a condition to approval. Staff answered yes. President Johnson asked staff if there was any need for signs due to pedestrian traffic in the area. Staff stated that they would check into that matter with the state Highway Department. Commissioner Park asked how the school district came up with the 40' driveway width. Staff answered that the size of the buses required a turn radius of 40 feet. President Johnson stated for the record that no one was in the audience to speak for or against this proj ect. He closed the public hearing. He asked for any discussion from the Commission or a motion. commissioner Shillig made the motion to approve Variance Case #90-03 with the condition of widening to the west. Commissioner Rappleyea seconded the motion. A vote was taken and Variance Case #90-03 approved unanimously. REPORTS: Code Enforcement - Staff explained the new format for the Code Enforcement reports. He stated that would answer any questions that the Commission had. He stated that at the present time there were two code enforcement officers. Staff stated that the Code Enforcement officer would be going to a quarterly report instead of a monthly report due to the time it takes to gather all the information. DISCUSSION PAPER: 6) Staff introduced Mr. Don Miner, Oregon Manufactured Housing Association. Mr. Miner stated that he was here to discuss the new state requirements for manufactured homes. He passed out handouts to the Commission members. He explained differences in the requirements for 2 313 0338 different types of homes built, (mobile homes, trailers, modular homes (pre-fabricat~d) structures, manufactured homes). "The one thlong that distinguishes them is that they were all built to different building codes. II He explained the pictures of manufactured homes that he passed around to the Commission. He stated that 28% of all homes being sold in Oregon are manufactured homes. 21% in Marion County are manufactured homes. In 1987 the le<]islature decided to no longer allow discriminatloon against manufactured homes. The legislature decided that every ci ty with larger than 2500 people would have to provide areas in which these homes could be intermixed with other types of houses. In 1987, the governor vetoed this decision. In 1989 the it was again presented to the governor and signed b~ the Governor. He named tne cities that were look long at adopting an ordinance that would allow manufactured homes anywhere in the city. commissioner Vallieres asked if the count~ assessor would treat manufactured homes just lloke stick built homes. Mr. Miner answered that in Oregon manufactured homes were considered personal property. Tax rates would be the same but there may be a difference in evaluation. Commissioner Warzynski asked if this law would effect the rural area. Mr. Miner answered that no this applies to cities with more then 2500 population. staff stated that the law goes into effect January 1, 1991. He asked Mr. Minor if an ordinance was not put into effect by January 1, 1991, would this law override and overwhelm a city. Mr. Minor stated that at this time he was not sure. There was considerable discussion about the quality and looks of manufactured homes. 0085 0700 staff went over two concepts that they had developed for discussion. They discussed two maps they marked for the Commission to follow. There was some discussion on the quality and size of manufactured homes that would be allowed in the RS zones of the City. The discussion led to not wanting manufactured homes in the Multi-family, Industrial and Commercial zones. Note was made to not discriminate when deciding the specifications on manufactured homes. 3 - ... c3i3 TAPE 2 0001 0574 Mr. Minor described some of the standards adopted by other cities regarding manufactured homes. Staff asked if Mr. Minor could provide staff and the commission an illustratloon of how a manufactured homes sets on the ground and how a foundation would look. President Johnson asked staff if attached garages could be a requirement. staff answered that in West Woodburn some garages are attached others placed very close to the home. He stated that a requirement could be to have a garage. President Johnson stated that" in as far as a direction for staff from the commission, he asked if everyone was comfortable with the Corvallis standard as a general direction. commissioner Park stated that two weeks ago the commission came up with a list of ideas which the Commission would like to pursue in a direction along with the ideas received tonight and go over it again. staff stated that they would like to have a workshol> on Thursday. It would be informal, we could dlosCUSS these lodeas and refine what direction you would like staff to go. BUSINESS FROM THE COMMISSION: 0135 0145 0401 None ADJOURNMENT: There being no further business the Planning Commission meeting adjourned. 4 - 1T 3(" N.E)IT ADVISCRY COUNCIL MEETING 00' Dec. 10th at 'TIlE WCXDBURN CDMMUNITY CENIER,.11:45 AM REfIRED SENIOR VOLUNTEER P!lXiRAM ADVIOORY OOUNCIL MEErr'ING MINUI'ES. DATE. Nov. 12 , 1990, Lillian Warzynski Olairperson presiding. mIL. Anderson, Fran Bettis, Beverly Dioda, Pebbel Henkes, Maxie Kolousek, Pebbel Lorimer, Jim Mills, Evelyn Warzynski, Lillian Staff: Harvey, Jill Hellhake, Pat MINUTES. Approved. COAMITl'EES . Evaluation - Fran and Lillian have agreed to work on evaluation coomittee with Maxie. Group will evaluate RSVP Advisory Cbuncil's overall coomunity representation. Recognition - Holiday Sing-A-Long will be Dec. 12th at 2:00 pm at the Camnmity Center. Please every~!le attend to welcare volunteers. Budget - Preliminary budget due at Mike Quinn's by Dec. 3rd. Historians - Pebbel read what she and Adele have organized so far. This is a enOnIDUS undertaking. More time is needed to coordinate facts, wri ten word, and back up articles - pictures - etc. For Dec. 10th City Cbuncil presentation a one page sunmary of the dollars RSVP has saved the city will be ready. - Senior Services - Beverly gave update of current concerns of Senior Services and Senior Disability Services. With the Passage of Measure 5 there will be changes. Beverly was requested to continue to share with us the infonnation she is privy to and .thanked for her efforts. The Mid-Willamette Valley Senior Services awarded RSVP volunteers a plaque to honor the many hours of dedication donated by volunteers. During that award cerenony PGE presented RSVP with 2 checks each for $100. to buy yarn to continue the Wann Hats project. UNFINISHED BUSINESS. Pebbel/Fran IIDtion passed to maet for Dec. at the Q:mnunity Center while checking on other meeting places. Jill will check on possibility of meeting at Don Juan's. NEW BUSINESS. Jill presented history of RSVP. Meeting Adjourned. "11' ~D WOODBURN DOWNTOWN ASSOCIATION MEETING - NOVEMBER 13, 1990 I. CALL TO ORDER Les Called the meeting to order at 7:35 a.m. II. ATTENDANCE Present were: Les Reitan, Chuck Raekleff, Aline Schmidt, Arlene Monier, Rick Ostrom, Don Eubank, Lucien Klein, Claudia James. III. WDA BUSINESS Rick Ostrom reported that the Woodburn Comeback Committee had held a meeting at the Museum on 7 p.m. last Sunday evening. He said it was very successful and well attended. The Comeback Committee had been interested in having the city parking lot closed off at 6 p.m. each evening. Don Eubank explained the problems the police would have in enforcing the earlier times. The group present at this morning's meeting agreed that the new garbage container located downtown on Front Street near the parking lot was well intentended, however it didn't really meet the design standards the Downtown Association had set forth. Also it would not be serviced by United Disposal since since it wasn't within their guidelines. Don Eubank announced thnt the police department had arrested several people last week in a drug raid. Several of those arrested had been involved in the drug trade in downtown Woodburn. It was decided that the WDA would move $1000 from savings to a CD account at the First Interstate Bank. Les and Claudia would have to sign the necessary forms with the bank. The Christmas lights will be hung downtown on Saturday, November 24. The people hanging the lights will meet behind Woodburn Pharmacy at 7 a.m. that morning. IV. ADJOURNMENT Les closed the meeting at 8:20 a.m. ~ ~JlL'fJ Les Reitan, acting secretary - .3l3 WOODBURN OOWNTOWN ASSOCIATION MEEI'ING-NOV. 20, 1990 I. CALL TO ORDER 18s called the meeting to order at 7 & 33AM. II. ATTENDANCE Present were: 18s Reitan Jose Castro Frances Alvarade Aline Schmidt Vance Yoder Susan Packer Ken Wright Lucien Klein Arlene Monnier Jane Kanze Dalia Lopez fun Eubank Hannelore Ledeboer III. TREASURER'S REPORI' None IV. WDA BUSINESS 18s brought up the Parking Lot action and Ken explained the steps taken to improve the situation. 18s asked Frances to present Salud Medical Center's invitation to a Commun- ity Luncheon to be held Nov. 28th at noon until about 3:00 PM. Les informed us that a gadget is available to modulate the lights on a Mus- ical Christmas Tree in time with the music. Cost $1000. plus. Aline's son will furnish the Christmas trees for the Library Park. A working party for getting lights ready for putting up the Christmas lights was set for Friday and will be put up on Saturday. Aline reminded us about the High School singers for the Christmas Program. Jane reported that the words City Center is placed on signs pointing to fuwn- town. Jane also informed that a man from HWI is anxious to get acquainted. Ken reported on a drug bust and fun broke up a stabbing and drug deal at Mall 99. Jane reminded us of the Christmas lighting contest. Les asked Jose about pinatas for the Christmas Program. Susan reported that the "Comeback Committee" is making plans for the Christ- mas program and wants to coordinate their efforts with the fuwntown Assoc. The Musical Christmas Tree was reviewed again, and a tree for the center of the Parking Lot was suggested. Les reported that John Baker of the W00dburn Independent might be available for a fuwntown Santa Claus. V. ADJOURNMENT Les closed the meeting at 8:20 AM. czIJ~~ Wm. V. Yode~- Secretary " ~D WOODBURN roWNTOWN ASSOCIATION MEETING, NOV. 27, 1990 I. CALL TO ORDER Les called the meeting to order at 7:35 AM. II. ATTENDANCE Present were: Les Reitan Bob Sigloh Rick Ostrom Claudia James Jose Castro Lucien JQein Don Eubank Vance Yoder Arlene Monnier Aline Schmidt Steve Geokritz III. TREASURER'S REPOR!' None IV. WDA BUSINESS Les announced that the Christmas lights were put up last Sat. morning. He reported a few strands are not working. A mechanical timer was suggested. Jose reported that the trees were available at Aline's and would like to cut and put up the 10 Christmas trees in the Library Park next Thursday morning. Bob will furnish a trailer and trees will be secured to fence posts driven into the ground. Rick reported that he had three pinatas on hand. Claudia suggested 12 trees instead of 10. Aline said "No problem". The Downtown Christmas Program was discussed. Lighting of the Library Park trees were discussed. Location of electrical supply cords was asked about and thought to be at the Library. Signs have been ordered to close the Parking Lot West of the Post Office at night. Steve asked WDA for direction on the parking along Front St. Lucien moved that the WDA. approve and recommend to the city parallel park- ing on both sides of Front St. Passed. Bob asked about the Downtown garbag~ can retainers contributed by Nancy Kirksy. Bob reviewed the problems of picking up the cans of garbage. Discussion and suggestions followed. Lucien reported that hanging flower baskets would cost $100.00 per basket to furnish and service twice a day. Lucien suggested that we talk it up to Merchants to see if interest can be generated. Mt. Angel and Silverton have this service. V. ADJOURNMENT Les closed the meeting at 8:20 AM. ~r ~ Vc:?~~ ~~ Wm. Vance Yod~ - Secretary - ". 3E:' MINUTES WOODBURN COMEBACK CAMPAIGN NOVEMBER 20,1990 CALL TO ORDER The meeting was called to order at 7:04 p.m. in the City Hall Council Chambers. ROLL CALL The following members were present: Ruth Herman Wells Susan Packer Carlos Nunez Lucien Klein Jose Castro Jilda Ballweber Rick Ostrom Kathy Figley Mike Bizon Larry Minard MINUTES The minutes of November 6 and 13 were accepted as presented. GENERAL BUSINESS A. Agenda: No changes were offered to the established agenda. B. Updates: 1. Woodburn Independent Column - Newspaper support was positive with a column provided. It is important to remain pro-active and stress the intercultural cooperation involved. 2. Sign Up Party - This process was organized for November 24th at 3:00 p.m. in the downtown parking lot or, if it is raining, in the Museum. 3. Absent Members - It was explained that both Marshall and Dahlia will be back in attendance after taking care of personal business. A concern was expressed that the Hispanic and Russian cultures be represented on the committee and become actively involved. 4. Last Event Report - The museum gathering last Saturday was a success with additional people showing up for the event. The amount of support is positive from many people around the community. Page 1 - Minutes, Woodburn Comeback Campaign, 11/20/9 3E 5. Letter to Governor-elect Roberts - This letter is still being drafted and pursued by Ruth. 6. Survey - Jilda reported this item was also being worked on and that prior survey questions from previous attempts may be submitted for comparative results. 7. Plan Next Event - Some concern was expressed that it not be imperative to hold events every week since some of the committee would get burned out. It was decided that the committee would capitalize on the seasonal events being offered by the Downtown Association and mutually support such events. By showing frequent activity downtown it was considered to be a positive influence on the environment and exposure to the rest of the community. OTHER BUSINESS 1. Racist Concerns - Some comments were expressed that there is a minority perspective of their committee being racially motivated to drive Hispanics out of downtown. The committee strongly expressed their sensitivity to the various cultures in Woodburn and the importance to have committee representation and leadership from all segments of the community. There was no correlation with the vandalism events experienced in Hubbard and the Comeback Committee efforts in Woodburn. 2. Press Relations - It was stressed that members of the committee recognize that they will be perceived as representatives of the committee and to carefully think about comments to the press on and off the record. 3 Downtown Association - Volunteer support is needed to put bulbs in the Christmas light decorations for Friday at 10:00 a.m. 4. OLCC hearing at City Hall scheduled for November 26th at 7:30 p.m. NEXT EVENT Event - Assist the Downtown Association with lights Meeting - November 27th, 6:00 - 8:00 p.m. Page 2 - Minutes, Woodburn Comeback Campaign, 11/20/9 ~ IDA COUNCil Bill No. I ~ ~ 3 ORDINANCE No. AN ORDINANCE RELATING TO THE SUBDIVISION AND PARTITIONING OF LAND IN THE CIlY OF WOODBURN; REPEALING ORDINANCE 1518; AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOllOWS: Section 1. Short Title: This ordinance may be cited as the "Subdivision Ordinance of the City of Woodburn, Oregon". Section 2. Applicabilitv: The provisions of this ordinance shall apply to all lands within the City of Woodburn or hereinafter annexed to the City. Section 3. Definitions: (a) Commission: Wherever the term "Commission" appears, it shall be construed to mean the Planning Commission of the City of Woodburn. (b) Council: Wherever the term "Council" appears, it shall be construed to mean the City Council of the City of Woodburn. Section 4. Intent and Purpose: This ordinance is enacted to establish requirements for the subdividing or partitioning of land within the jurisdiction of the City of Woodburn, Oregon. The provisions of this ordinance shall be held only to the minimum requirements adopted for the public health, safety and general welfare of the people of Woodburn, Oregon. To protect the people, among other purposes, such provisions are intended to provide for a permanently wholesome community environment, adequate municipal services and safe streets with the aim of accomplishing: (a) The creation of satisfactory and harmonious IMng conditions; (b) Acceptable population density as indicated in the Woodburn Comprehensive Plan; (c) The protection and conservation of open space and proper use of land; (d) The extension of public services without excessive expenditures; (e) The simplification and increased accuracy of land description and ownership; and (f) The stabilization of property values in the subdivision and surrounding areas. In the event the Commission or Council determines that the mere meeting of the minimum requirements are not sufficient to achieve the goals listed above, further standards and changes in the proposed subdivision may be required of the developer. Section 5. Plannino Commission Approval Required: (a) As authorized by ORS Chapter 92 and ORS Chapter 227 all subdivision plats and all streets inside the City and within the City's area of jurisdiction shall be approved "11' IDA by the Commission only in accordance with those statutes, Woodburn ordinances, and such standards and procedures approved by said Commission. A person desiring to subdivide or partition land shall submit tentative plans and final documents for approval as provided in this ordinance, State law, and the standards and procedures as set out by the Commission. (b) A public hearing shall be held on all subdivision tentative plans, and major partitions. The hearing shall be conducted and notice posted in accordance with Chapter 7 ofthe Woodburn Zoning Ordinance. The notification area for a subdivision shall be 250 feet and the notification area for a major partitioning shall be 100 feet. Section 6. Decision of the Commission: The Commission shall render its decision on a tentative subdMsion or major partition and provide notice of the decision and conditions of approval to the petitioner and the City shall mail a notice of any decision to any person who, in writing, requested such notification before the decision was rendered. The Council may call up any action of the Commission for review. Such action of the Council shall be taken within 30 days of the notice of the decision of the Commission. All further proceedings shall be deferred until a decision is rendered by the Council. Section 7. Review bv the Council: If the Council elects to review a subdivision or major partition, it shall do so as described in Section 6 of this ordinance. If the Council chooses not to review a subdivision, as described in Section 6, then the Commission's President shall sign the final plat (hardboard) within 30 days from the date of final approval by the Commission or 10 days after the City Council chooses not to review the subdivision, whichever occurs first. Section 8. Appeal to the Council: An appeal of a decision of the Commission may be taken to the Council by anyone aggrieved by such decision within 10 days from the date of the mailing of the notice of the Commission's decision. The appeal must be filed in writing with the Planning Department. The appeal shall state the grounds relied on for the appeal. Section 9. SubdMsion Standards: To implement the requirements of this ordinance, the Council adopts the subdivision standards document, which is attached hereto and, this reference incorporated herein. Section 10. Repeal: Ordinance 1518 is hereby repealed. Section 11. Emeraencv Clause: This ordinance being necessary for the immediate preservation of the public peace, health, and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. " JD/l Approved as to form~' rxJ M~ J 2 ~ s - ( V City Attorney Date APPROVED: FRED W. KYSER, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the office of the Recorder A TIEST: Mary Tennant Deputy City Recorder City of Woodburn, Oregon - J 013 COUNCil Bill NO. / ~ ~ ~ RESOLUTION NO. A RESOLUTION ESTABLISHING FAIR HOUSING PRACTICES IN THE CITY OF WOODBURN. WHEREAS, discrimination in the sale. rental, leasing. financing of housing or land to be used for construction of housing, or in the provision of brokerage services because of race, color, religion, sex. national origin. familial status. or handicap is prohibited by Title VIII. Fair Housing Amendments Act of 1988; and WHEREAS, it is the policy of the City of Woodburn to implement programs to ensure equal opportunity in housing for all persons regardless of race. color, religion. sex, national origin. familial status or handicap; NOW. THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That within available resources the City will assist all persons who feel they have been discriminated against because of race, color. religion. se><t national origin, familial status or handicap to seek equity under federal and state laws by filing a complaint with the Oregon Civil Rights Commission or the U.S. Department of Housing and Urban Development, Seattle Regional Office Compliance Division. Section 2. That the City shall publicize this Resolution and through this publicity shall cause owners of real estate. developers and builders to become aware of their respective responsibilities and rights under the Fair Housing Amendments Act of 1988 and any applicable state or local laws or ordinances. Page 1 - COUNCIL BILL NO. 1';< t.t.j- RESOLUTION NO. /D~ Section 3. That said program will at a minimum include, but not be limited to: (1) the printing and publicizing of this policy and other applicable fair housing information through local media and community contracts; (2) distribution of posters, flyers and any other means which will bring to the attention of those affected, the knowledge of their respective responsibilities and rights concerning equal opportunity in housing. /) /'y)~j)K[- If-IS" fO Approved as to form: I /. - City Attorney Date APPROVED: NANCY A. KIRKSEY. 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 2 - COUNCIL BILL NO. RESOLUTION NO. ~ j{)(! MEMO TO: City Council through City Administration FROM: Community Development Director SU8J: DATE: Addendum to the Housing Rehabilitation Contract December 6, 1990 Pogolowitz and Associates has, through FederaVState grant assistance, administered the City's Housing Rehabilitation Program. A program that has provided housing rehabilitation grants totaling over $1 million, which has provided low interest loans to more than 100 low-to-moderate income home owners. This program is now in its final stages of completion. The City has "closed oufl its 1987 housing grant; committed all of its 1988 housing funds; and anticipates having all its 1989 housing grant funds committed by December 18, 1990. However, the 1988 and 1989 programs cannot be closed out until approximately August, 1991, when all housing improvements are finished. This additional timeline from December to August, will require that additional program funds (not City) in the amount of $36,000 be budgeted to finalize the program on or before August 31, 1991. This additional cost is based on the fact that 20 applicants withdrew from the loan program after their applications had been fully processed. This reflects an average administrative cost of $2,000. per loan application. A process that requires a background financial report, a work write-up, field inspection, housing committee review, bid package preparation, construction inspections, and c1ose-out. The cost- of "drop-outs" was anticipated neither by the City nor the State when this program was initiated. If there had not been these withdrawals from the program, this budget adjustment would not be taking place. The State concurs with City staff that funds generated from the program can be used to administer the close-out of the program. . It should be noted that in the future, payback monies from the rehabilitation loans will be placed in the City's Housing Rehabilitation Revolving Loan Fund. ".. IOC- COUNCIL BILL NO. I ~ {, S RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN ADDENDUM AGREEMENT WITH POGp'~I~~~?t~OCIATES. WHEREAS, the City previously executed a Memorandum Agreement with Pogolowitz and Associates for the administration of a housing rehabilitation grant; WHEREAS, certain changes in this Memorandum Agreement are now deemed necessary; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS; Section 1. That the Mayor and City Administrator are authorized to execute an Addendum to the Memorandum Agreement, said Addendum is attached hereto, and by this reference, incorporated herein. Approved as to form: N. Robert Shields, City Attorney Date APPROVED: Fred W. Kyser, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. I';; (p. ~ RESOLUTION NO. - /D~ ADDENDUM TO MEMORANDUM AGREEMENT THIS ADDENDUM made and entered into between the City of Woodbur ,Oregon, 270 Montgomery Street, Woodburn, Oregon, hereinafter referred to as GRA TEE and Pogolowitz and Associates, 1932 S.E. 102nd Avenue, Portland, Orego , 97216, hereinafter referred to as CONTRACTOR. I WITNESSETH: WHEREAS, GRANTEE and CONTRACTOR have previously executed a Memorandum Agreement which is attached hereto as exhibit "A" and, by this reference, incorporated herein, and WHEREAS, both parties desire to modify said Memorandum Agreement with this Addendum; NOW, THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein the parties agree as follows: I. CHANGE IN TERM OF AGREEMENT By execution of this Addendum the parties extend the term of the Memorandum Agreement from Februrary 15, 1991 until August 31, 1991. II. CHANGE IN PAYMENT OF CONSIDERATION Paragraph V, "Consideration,11 of the Memorandum Agreement shall no longer be in force and effect and shall be replaced by this paragraph. In consideration of CONTRACTOR'S satisfactory performance in carrying out the functions and actMties described in the approved application, GRANTEE shall pay the contractor a reasonable sum as provided in exhibit liB" for the services of CONTRACTOR. The award for services shall not exceed THIRTY SIX THOUSAND DOLLARS ($36,000.00) or the amount of available funds derived from the pay back of loan funds whichever is the lesser as of August 31, 1991 for the services in carrying out the approved activities described in the grant. It is expressly understood that the amount of consideration is based upon CONTRACTOR'S estimate of the cost to carry out the activities approved in the application and that the actual cost may be different than this amount. CONTRACTOR or GRANTEE may request changes in the amount of consideration Page 1 - ADDENDUM TO MEMORANDUM AGREEMENT '11' /D C- provided to CONTRACTOR. Such changes must be mutually agreed upon by and between GRANTEE, AND contractor, and must be incorporated in written amendments to this agreement. III. REMAINDER OF MEMORANDUM AGREEMENT IN FORCE AND EFFECT. With the exception of the modifications approved by the parties in this Addendum, the Memorandum Agreement previously executed by GRANTEE and CONTRACTOR, attached hereto and by this reference incorporated herein, remains in full force and effect. POGOLOWITZ & ASSOCIATES CITY OF WOODBURN Jeffrey D. Pogolowitz, President Michael Quinn, City Administrator Date Date Page 2 - ADDENDUM TO MEMORANDUM AGREEMENT - I EX 1-11 B I J II ifJ~ MEMORANDUM AGREEMENT THIS AGREEMENT made and entered into between the City of Woodburn, Oregon, 270 Montgomery Street, Woodburn, Oregon, hereinafter referred to as GRANTEE and Pogolowitz & Associates, 1932 S.E. 102nd Avenue, Portland, Oregon 97216, hereinafter referred to as CONTRACTOR. WITNESSETH: WHEREAS, GRANTEE received an Oregon Community Development Program Grant for housing rehabilitation activity on February 15, 1989; and WHEREAS, this Oregon Community Development Program Grant runs for a period of two years from.the date of "Letter of Ap.proval" or until . . .. . funds are' eXha.Uste~,-'whi.chev~.r occu':'5 .fi rst;. an.d. .... . .' '.,~.' , ':WHEREAS, ". GRANTEE currently contracts with CONTRACTOR for housing rehabi.1itation .~dminis~ration .pursuant to s.epa~at.e. grant c.ontrac~s for. the period of February 17, 1987-June 17, 1989; and March 2, 1988- March 2, 1990. NOW, THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein the parties agree as follows: I. IfrTENT OF AGREEMENT It is the intent of this AGREEMENT for CONTRACTOR to provide technical assistance and services to GRANTEE, through the GRANTE~.S Oregon Community Development Program. II. ~ TERMOFA~ENT..-.:: ,_ ..", .:::' . ." '" ,... {he . i~'~"of '.this' AGREEMENT' IS FiioM:.~e6~ti~~.Y is;' ~'1989~ ..~n:il.l 'Febr.t.ia'~y' -is;' 199i.' . - '. . . 'IIe"WORK 'T~BE. P~FO~" .... 'CONTMcrOR . .~hal1, . i'na . 'sat1sfaC~Ory". manner,.. ',c~rry out. .thO'se 'functions' and activities' described' in the' Oregon 'Coninunlty .. Development Program Grant Application, appended hereto as Attachment I and, by this reference, incorporated herein. Page 1 - MEMORANDUM AGREEMENT - 11' .E X 1-111:31 T 1/ ' I{J~ :' GRANTEE or CONTRACTOR may request changes in the scope of the or CONTRACTOR to be perfonned hereunder. Such changes must be agreed upon by and between the GRANTEE and CONTRACTOR and incorporated in written amendments to this AGREEMENT. . services mutually must be IV. STAlUS OF CONTRACTOR The parties agree that CONTRACTOR is a professional person and that the relation created by this contract is that of employer-independent contractor. CONTRACTOR is not an employee of GRANTEE and is not entitled to the benefits provided by GRANTEE to its employees, including but not limited to worker's compensation insurance, unem- ployment insurance, health insurance, and retirement. CONTRACTOR may practice his profession for others during tt)ose periods when . . .' he isnot,:perf~~ing wOrk u~der this agreement for GRANTEE. 'Y. :CONSIDERATION . : ," In considera~~on of CQNTRACT9R'S s~ti,sfacto~y pe~fonnan~~ jn _ ~ar~Ying out the functions and activities described in the approved- applica- tion, GRANTEE shall pay the contractor a reasonable sum as provided in Attachment II for the servi ces of CONTRACTOR. The award for services shall not exceed EIGHTY THOUSAND AND THIRTY-SEVEN DOLLARS ($80,037.00) for the services in carrying out the approved activities described in the Grant. . Any consideration paid to CONTRACTOR is contingent upon GRANTEE , obtaining-h,and .-:acc-ept=ing, funds; for', ,CONTRACTOR.'~'serYic.~s '~h,ro~gb its,198s :o~gon~~~n'ity' ~vei~p~~nt'-:G~an~~ :, It _is' '~'xP,res.slY 'under~ ' stood' - that ' th~, amount :of cons'iderat~on:, is' 'based upon :CON_T~CTOR'S".' 'estimate "of" -the, cost, to car~y" out, the: ~ctiVities' approved in' . the' , 'applicatlon" and that' -the ,'actual' , c'ost "may' be' dif_f~r.eilt','tha'n',:':thiS amount.' . CONTRACTQR' , or :"GRANTEE' may request- changes -''in'' 'th"e' amOunt. of consideration provided to CONTRACTOR. Such changes must be mutually agreed upon by and between GRANTEE, and CONTRACTOR, and must be incorporated in written amendments to this AGREEMENT. Page 2 - MEMORANDUM AGREEMENT - H Lx i-f I 8 I I' II /0'/0 ~~. VI. SCHEDULE AND METHOD OF PAYf4ENT Subject to. approval af the Grant Agreement by the State af Oregan ar its authari zed agent, CONTRACTOR shall request and draw funds far acthities appraved in the grant app1icatian. CONTRACTOR shall prepare and submit all necessary dacuments including, but nat limited to. the "Request far Release af Funds", "Status af Funds Cash Request", ar equivalent dacuments. VI I. HOLD HARMl..ESS CONTRACTOR agrees to. defend, indemnify and hald hannless GRANTEE, its afficers, agents, and emp1o.yees, from and against all claims and demands for 1 ass or damage a ri si ng aut af ar i J1,~ any way cannected , ' .' ' ,with., CONTRA~JOR~ S, 'servic~spu~u~n.t to.. ~~is ,AGRE~ENT, ,except for .' 'claims 'arisingaut 'of.ihe "negligent 'acts 'or 'onD1ssia~s'af 'GRANTEE. ,',' VIII. Cor4PLIANCE WITH APPROVED PROGRAM All activities autho.rized by this AGREEMENT shall be perfanned in accardance with the approved work program, the approved budget, and the grant conditions and relevant Housing and Urban Development, Federal and State laws, regulatio.ns and directives. IX. COMPLIANCE WITH LOCAL LAWS + CONTRACTOR shall comply with all applicable laws, ardinances, and .cades. af._.sta~e and ,local gove.rnment~.,. '. ., " ':' .' .,.::.., ,:'... " .~ ..... :~ ....: ';. '~'.' ..........-.:....:....... .' ....~ .... r...;...... ~..., ........ . ' X. 'C04PLIMCE 'UTH:"-TITlE VI AND' VI I ,CIVIL RIGHTS 'At(OF.1964 6., ..'.' ", , ,CONTRACTOR ~grees: ..., ' . ',(A)' That' ,.'there ',w,ilJ be no., discrimination' again.st, :any employee ar persans servedonaccaunt af race, co. 1 ar, " sex,' 1"e li gi ous 'back~ ground, ancestry or national orgin in its perfonnance of this Cantract. (B) That CONTRACTOR shall comply with Title VI af the Civil Rights Act af 1964 (42 USC 2000d) in regard to. persans served. Page 3 - MEMORANDUM AGREEMENT ~XI-f"3IT If , ':,~\/~::~)>>:!...i;1l. ...... { 1',r:.!:.~: ~.,~. -~".' '',:\~~ ":'">" I 1 ~~ (C) That CONTRACTOR shall comply with Title VIII of the Civil Rights Act of 1964 (42 USC 2000e) in regard to e,mployer or applicants for employment. XI. COMPLIANCE WITH HOUSING AND COIIIJNIlY DEVELOPMEftT ,ACT CONTRACTOR agrees that the work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Develop- ment and is subject to the requirements of Section 3 of the Housing and,Urban Development Act of 1968, as amended, 12 USC 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and ~mplo~nt be "given ,lower income pe,~~ns residing ,in. the City, and.' contracts ,for:' work. ,in, connection with, t.he project be ' awarded' to:el i'g;'bie'~..bu'~,ri~ss 'co~ce;"s"Wh1.c'h '.are' lo~att~d' in;':or .owned in substantial part by. persons residing in ,:t~e" .<;ity.,. XII. MINORITY BUSINESS ENTERPRISE COMPLIANCE CONTRACTOR agrees that affi rmative steps must be taken to assure that small, minority and women-owned businesses and firms located in labor surplus areas are used when possible as sources of supplies, equipment, construction and services. Affirmative steps shall include the following: . (A) Include any such qualified firms on solicitation lists~ (B). 'Assure' that ,such .,fif1l:ls' are soliC'itecl' whenever .they:"are' .potentja~.' . .' . _. '.: ;~.:. .."-...4:. . . : . .' ". . ": :... #' .~.".:. .... <#'~. - sources. ,.'.., ' ,. . . ' ., , . . ..... .. : . . (C) When.'. economicatlY . feasib'te, , di~:fde' '~ptal: J~qui~ents' into smaller tasks :or:'quanti1~fes. so as to, permit such finils', ,ina:ximutn .. .- ..-." '. . '. . . . .: .". '.' '. . ", . opport.un1t'lesfor partfcip~tion' through 'S'lJl)co-~ifa~tii19.'''' ,,' (D) . Where 'pos'sible/.establtsh' delivery schedules which wil1enc'ourage such participation. (E) Use the services and assistance of the Small Business Adminis- tration, the Office of Minority Business Enterprise (Department of COll1Tlerce), the Community Services Administration and other sources when appropriate. Page 4 - MEMORANDUM AGREEMENT ..... ... ,.-'......... L)(HII3/T It ,-.-i(:J <2.-- XI I I. COt~PLIANCE WITH CODE OF CONDUCT CONTRACTOR agrees to comply with the llCode of ConductU adopted by GRANTEE in Reso1 ution 917 which is appended hereto as Attachment III and, by this reference, incorporated herein. XIV. ACCESS TO RECORDS GRANTEE, the State of Oregon, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of CONTRACTOR whi ch are directly pertinent to this specific contract, for the purpose of making audit, examination, excerpts, and transcriptions. All requi red records must be maintained by CONTRACTOR for three years :~e:l~:~E . n>1kes frPa)1ROnts. and all . other pending .n>1tters XV. 'TERMINATION OF CONTRACT ' , _ Either party to -this AGREEMENT may,. by, givjn,g 60 days' 'Written notice, terminate this AGREEMENT, at its option, in whole or in part without cause. In the event of such termination, all property and finished or unfinished documents, data, studies, and reports purchased or prepared by CONTRACTOR unQer this AGREEt~ENT become the property of and shall 'be remi tted to GRANTEE, and CONTRACTOR shall be enti t1 ed to compen- sation for any unreimbursed expenses reasonable and necessarily incurred in satisfactory performance of the contract. : '...... ",.. -. . ~ '.' ":: '. ..." " ''':'~VI. : ASSiGNrmrr', ' - ' '-, -,,: ' , , The' -rights':~ndduties . of"thep~'rties he~t.inder - a're ' perso~al" and shall not, 'be ,assignable by either,p~rt.)' ,wi~hout the e)Cpre~s written,-, consent ,of' the, other pa'rty." ", XVII. ESCAPE NOTICES Any notice, request, demand or other conununication hereunder shall be in writing and shall be deemed to be duly given when personally delivered to the Woodburn City Administrator 270 Montgomery Street Woodburn, Oregon 97071 Pogo1owitz & Associates 1932 S.E. 102nd Avenue Portland, Oregon 97216 Page 5 - MEMORANDUM AGREEMENT .... 'If 1:' X 1-1- /13 / T 11 IOe XVIII. SAVINGS CLAUSE Should any valid federal or state law or final detennination of any admini strative agency or court of competent juri sdiction affect any provision of this agreement, the provisions so affected shall be automatically conformed to the law or determination and otherwise this agreement shall continue in full force and affect. XIX. ENTIRE AGREEMENT Thi s AGREEMENT constitutes the enti re understanding of the parties with respect to the subject matter thereto superseding all negotiations, prior discussions and preliminary agreements made prior to this date. All modifications of this ~~REEt4ENT shall be , " 'in' "w,riting 'and, shall "be signed by ',an authorized' representative ,of, . each party: ' . ," " "', POGOlOWITZ & ASSOCIATES ~~~ent ~ok, . Date ~ '. "" .. " . ..- .... 5-d}S -Y? Date Page 6 - MEMORANDUM AGREEMENT - H JO~ EXHII3", i3- Please find below a description of the personnel and the hourly rate as provided by the CONTRACTOR. PERSONNEL HOURLY RATE Housing Rehabilitation Administrator $ 35.00 $ lO.OO Housing Rehabilitation Specialist ~ 11 /07) MEMO FROM: City Council thru City Administrator Public Works Program Manager#- TO: SUBJECT: Small City and Rural Area Capital Assistance DATE: December 3, 1990 RECOMMENDATION: Approve the attached resolution authorizing entering into an agreement with the Oregon Department of Transportation, Public Transit Division to receive $27,900 for use in combination with City matching funds to purchase a van modified for paratransit transportation to be utilized by the Dial-A-Ride program. Matching funds are included in the current years budget. BACKGROUND: The city's application for grant assistance to purchase a new paratransit van was approved in June, 1990 by the Oregon Transportation Commission. The capital assistance grant is funded under Section 18 of the Urban Mass Transportation Act for nonurbanized areas. Funds that the city must use in addition to grant award were budgeted in this years budget. Specifications are currently being prepared for this purchase and advertisement could be complete for a bid opening in mid January, 1991. - - / aD COUNCIL BILL NO. J ~ <r, " RESOLUTION NO. A RESOLUTION ENTERING INTO AN AGREEMENT WITH THE STATE OF OREGON, DEPARTMENT OF TRANSPORTATION DOWN AS THE "CAPITAL ASSISTANCE GRANT AGREEKENT" AND AUTHORIZING THE MAYOR, CITY ADMINISTRATOR, AND DEPUTY RECORDER TO SIGN SUCH AGREEMENT. WHEREAS, the City of Woodburn has applied for capital assistance funds under section 18 of the Urban Mass Transportation Act of 1964 (UMTA), in the amount of $27,900 to assist in the purchase of a modified paratransit van for the Dial-A-Ride program, and WHEREAS, the Oregon Transportation Commission has approved our application for such funds, NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: SECTION 1. That the City of Woodburn enter into an agreement with the State of Oregon acting through its Public Transit Di vision to secure funds through Section 18 of the Urban Mass Transportation Act of 1964 (UMTA), for capital assistance to purchase a modified paratransit van. Said agreement is attached hereto and by this reference incorporated herein. SECTION 2. That the Mayor, City Administrator, and Deputy Recorder of the city of Woodburn be authorized to date and sign said agreement on b~ ~e '7\tn /) (2 _ ] _ i 0 Approved as to form: . ~ City Attorney Date Approved: Fred Kyser, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the office of the Recorder Attest: Mary Tennant, Deputy Recorder City of Woodburn COUNCIL BILL NO. I ~ t, ~ RESOLUTION NO. ..,... ..... /07J , . 1990 - 1991 CAPITAL ASSISTANCE GRANT AGREEMENT PART! ES 1. State of Oregon, by and through its Department of Transportation, Public Transit Division ("Division"). 2. City of Woodburn ("Grant Recipient"). RECITALS 1. The Oregon Transportation Commission acting through Division is authorized to enter into contracts and disburse funds for the purpose of supporting public transportation pursuant to ORS 184.670 -.733. 2. Section 18 of the Urban Mass Transportation Act of 1964, as amended, provides for capital assistance funding in nonurbanized areas. Information concerning the federal financial assistance used to finance this grant is attached in Exhibit F of this agreement. 3. The Governor of the State of Oregon in accordance with a request by the Urban Mass Transportation Administration ("UMTA") has designated Division to evaluate and select projects and to coordinate the grant application. 4. The State of Oregon obtained certain funds known as Stripper Well funds pursuant to the Final Settlement Agreement In Re: The Deoartment of Enerqy Striooer Well Exemotion Litiqation. MDL No. 378, United States District Court for the District of Kansas. 5. The 1989 Legislative Assembly authorized Division to provide Stripper Well funds to public transportation systems for the purpose of matching federal appropriations for capital improvement projects pursuant to Chapter 142, Oregon Laws 1989. 6. Grant Recipient has requested assistance with the purchase and improvement of equipment and facilities to provide public transportation service. AGREEMENTS 1. Division and Grant Recipient agree to be bound by the terms and conditions of the General Provisions which are attached and are by reference incorporated herein. 2. This Agreement shall become effective upon approval and signature by the Administrator of the Public Transit Division and those officials authorized to sign on behalf of Grant Recipient. 1 - 11' IOu . ~ 1990 - 1991 CAPITAL ASSISTANCE GRANT AGREEMENT- Section 3. Purchases bv Division. Division may, at its discretion and Grant Recipient's election, purchase equipment on Grant Recipient's behalf. Division shall consult with Grant Recipient concerning equipment specifications. Division shall award bids for the project with the consent of Grant Recipient. a. In the event that actual project cost exceeds estimated project cost, Division shall bill Grant Recipient for the difference. b. Division and Grant Recipient shall sign a project completion statement at the conclusion of the project. Section 4. Reimbursement for Grant Recioient Exoenses. Division shall reimburse Grant ReCipient for Grant Recipient's expenses incurred pursuant to the project subject to the grant 1 imitation set out in Section 2, above. Division's payments to Grant Recipient shall be made on the basis of a request which shall be compiled and submitted to Division. A sample request is shown in Attachment D which is attached to this Agreement. Section 5. Withholding of PaYment. Division reserves the right to withhold payment of funds if all required reporting has not been submitted, or if there are any unresolved audit findings. Section 6. Monitoring of Project. Division shall review and approve all project specifications and bid documents prior to their advertisement and/or use. Division shall approve, or otherwise respond in writing to Grant Recipient, within (15) working days. ' GENERAL PROVISIONS PART I I GRANT RECIPIENT'S OBLIGATIONS Section 1. Scooe of Project. Grant Recipient shall use the grant funds provided under this Agreement to complete the project which the Division and the Oregon Transportation Commission approved. The project is described in Attachment A which is incorporated into this Agreement. Section 2. Use of Project Funds. Grant Recipient shall request, receive, and disburse funds authorized under this Agreement. Grant Recipient may elect to delegate purchases of equipment (vehicles, mobile radio systems and wheelchair lifts) to Division. 4 .. /07J .. 1990 - 1991 CAPITAL ASSISTANCE GRANT AGREEMENT GENERAL PROVISIONS PART I DIVISION'S OBLIGATIONS Section 1. Puroose. This Agreement is to provide financial assistance in the purchase and improvement of public transportation equipment and facilities. Section 2. Grant Limitations. a. Division shall provide up to ninety percent of the approved project cost from federal funds available under 'Section 18 of the Urban Mass Transportation Act of 1964, as amended, and Stripper Well funds, not to exceed $ 27.900 . b. In the event that the actual cost of the project differs from the estimated cost of the project, Division and Grant Recipient shall abide by the following: {I} Actual Project Cost is Less Than Estimated Project Cost Grant Recipient and Division shall sign a project comp 1 et i on statement re 1 eas i ng Di vi s i on from further financial obl igation for the project. A sample "Project Completion Statement" is contained in Attachment C attached to this Agreement. {2} Actual Project Cost is More Than Estimated Project Cost Grant Recipient may elect to: {a} discontinue the project. Grant Recipient and Division shall sign a project completion statement releasing Division from further financial obligation for the project; or, {b} contribute local money and continue the project. Grant Recipient's contribution of local money shall be used to compute the shares of federal, state and local participation in the project. Grant Recipient and Division shall sign a project completion statement when the project is complete. 3 "11' 1(7) .' 1990 - 1991 CAPITAL ASSISTANCE GRANT AGREEMENT This Agreement was approved by the Oregon Transportation Commission on June 19, 1990, at which time the Administrator of the Public Transit Division was authori zed and directed to sign for and on behalf of the Commi ss i on. Sa i d authori ty is set forth in the Mi nute Book of the Oregon Transportation Conunission. Signed thi s /1 day of V1 t~~ ,1990 Approved As To legal Sufficiency State of Oregon By and Through Its Department of Transportation, Pub .c Transit Division 11~ City of Woodburn Title: Mayor Titl e: ri i-y Anmi n i strator Title: nppni-y 'Rp("'()rnp-r 2 . J()7) . , 1990 - 1991 CAPITAL ASSISTANCE GRANT AGREEMENT. Section 3. Submission of Requests for Reimbursement. When Grant Recipient undertakes a project, Grant Recipient shall submit to Division reports which request reimbursement. A sample request is shown in Attachment D of this Agreement. Section 4. Purchases. Grant Recipient shall make purchases of any equipment, materials, or services pursuant to this Agreement under procedures consistent with those outlined in Office of Management and Budget (OMB) Circular A-102 and the Department of Transportation regulations issued pursuant to it (49 CFR Part 18), UMTA Circular 4220.1A, "Third Party Contracting Guidelines, II Oregon Department of General Services Administrative Rules (Oregon Administrative Rules, Chapter 125), and Oregon State Law, except that "small purchase procedures" may be used for purchases up to $25,000. Section 5. Use of Proiect PrODertv and EouiDment. a. Grant Reci pi ent shall use the real property, faci 1 i ty, and/or equipment purchased under this Agreement for the provision of transportation services which are open and available to the general public. When said real property, facilities, or equipment is withdrawn from transportation service, Grant Recipient shall immediately notify Division and return possession to Division. b. Grant Recipient shall keep and maintain records with regard to the project property and equipment which meet the standards of OMS Circular A-102 and 49 CFR Part 18.31 ("Real Property) and 49 CFR 18.32 ("Equipment"). c. Grant Recipient shall maintain, in amounts and form satisfactory to Division, such insurance or self-insurance as will be adequate to protect Grant Recipient, vehicle drivers, vehicle occupants, and project real property, facilities, or equipment throughout the period of use. Grant Recipient shall bear the cost of said insurance. d. Grant Recipient shall maintain project facilities and/or equipment in a high level of cle~nliness, safety, and mechanical soundness. Division and UMTA shall have the right to conduct periodic inspections for the purpose of confirming proper maintenance. e. Grant Recipient agrees that all drivers of equipment shall have a val id Oregon dri ver' s 1 i cense and sha 11 have passed a defens i ve driver's course or bus driver's training course. 5 IT MEMO TO: City Council through City Administrator FROM: Community Development Department SUBJ: Don Haugenauer, Housing Rehabilitation Appointment DATE: December 10, 1990 It is City policy that one council person be assigned to chair the Housing Rehabilitation Committee and serve as the liaison to the City Council. Since Larry Minard will no longer serve in that capacity, he wishes to relinquish the title of Chairman, but remain on the Housing Committee. The recommendation is that Don Hagenauer be appointed to chair the committee and retain Larry Minard on the committee. - .... MEMO TO: City Council through City Administration FROM: Community Development Director SUBJ: Addendum to the Housing Rehabilitation Contract DATE: December 6, 1990 Pogolowitz and Associates has, through FederaVState grant assistance, administered the City's Housing Rehabilitation Program. A program that has provided housing rehabilitation grants totaling over $1 million, which has provided low interest loans to more than 100 low-to-moderate income home owners. This program is now in its final stages of completion. The City has Ilclosed out" its 1987 housing grant; committed all of its 1988 housing funds; and anticipates having all its 1989 housing grant funds committed by December 18, 1990. However, the 1988 and 1989 programs cannot be closed out until approximately June, 1991, when all housing improvements are finished. This additional timeline from December to June, will require that additional program funds (not City) in the amount of $28,000 be budgeted to finalize the program on or before June 30, 1991. This additional cost is based on the fact that 20 applicants withdrew from the loan program after their applications had been fully processed. This reflects an average administrative cost of $2,000. per loan application. A process that requires a background financial report, a work write-up, field inspection, housing committee review, bid package preparation, construction inspections, and close-out. The cost of "drop-outs" was anticipated neither by the City nor the State when this program was initiated. If there had not been these withdrawals from the program, this budget adjustment would not be taking place. The State concurs with City staff that funds generated from the program can be used to administer the close-out of the program. It should be noted that in the Mure, payback monies from the rehabilitation loans will be placed in the City's Housing Rehabilitation Revolving Loan Fund. - 11' COUNCIL BILL NO. 1265 RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN ADDENDUM AGREEMENT WITH POGOLOWrrz AND ASSOCIATES. WHEREAS, the City previously executed a Memorandum Agreement with Pogolowitz and Associates for the administration of a housing rehabilitation grant; WHEREAS, certain changes in this Memorandum Agreement are now deemed necessary; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS; Section 1. That the Mayor and City Administrator are authorized to execute an Addendum to the Memorandum Agreement, said Addendum is attached hereto, and by this reference, incorporated herein. . ~._._ -' ~_ ("'yJ ~ ~ ./ _-) Ii' Z - I (:\ / c( ,:,,; Approved as to form: I) I, ~. V v\,. , - N. Robert Shields, City Attorney Date APPROVED: Fred W. Kyser, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. 1265 RESOLUTION NO. ~ ".. ADDENDUM TO MEMORANDUM AGREEMENT THIS ADDENDUM made and entered into between the City of Woodburn, Oregon, 270 Montgomery Street, Woodburn, Oregon, hereinafter referred to as GRANTEE and Pogolowitz and Associates, 1932 S.E. 102nd Avenue, Portland, Oregon, 97216, hereinafter referred to as CONTRACTOR. WITNESSETH: WHEREAS, GRANTEE and CONTRACTOR have previously executed a Memorandum Agreement which is attached hereto as exhibit "A" and, by this reference, incorporated herein, and WHEREAS, both parties desire to modify said Memorandum Agreement with this Addendum; NOW, THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein the parties agree as follows: I. CHANGE IN TERM OF AGREEMENT By execution of this Addendum the parties extend the term of the Memorandum Agreement from Februrary 15, 1991 until June 30, 1991. II. CHANGE IN PAYMENT OF CONSIDERATION Paragraph V, "Consideration:1 of the Memorandum Agreement shall no longer be in force and effect and shall be replaced by this paragraph. In consideration of CONTRACTOR'S satisfactory performance in carrying out the functions and activities described in the approved application, GRANTEE shall pay the contractor a reasonable sum as provided in exhibit "B" for the services of CONTRACTOR. The award for services shall not exceed lWENTY EIGHT THOUSAND DOLLARS ($28,OOO.OO) or the amount of available funds derived from the pay back of loan funds whichever is the lesser as of June 30, 1991 for the services in carrying out the approved activities described in the grant. It is expressly understood that the amount of consideration is based upon CONTRACTOR'S estimate of the cost to carry out the activities approved in the application and that the actual cost may be different than this amount. CONTRACTOR or GRANTEE may request changes in the amount of consideration Page 1 - ADDENDUM TO MEMORANDUM AGREEMENT provided to CONTRACTOR. Such changes must be mutually agreed upon by and between GRANTEE, AND contractor, and must be incorporated in written amendments to this agreement. III. REMAINDER OF MEMORANDUM AGREEMENT IN FORCE AND EFFECT. With the exception of the modifications approved by the parties in this Addendum, the Memorandum Agreement previously executed by GRANTEE and CONTRACTOR, attached hereto and by this reference incorporated herein, remains in full force and effect. POGOLOWlTZ & ASSOCIATES CITY OF WOODBURN Jeffrey D. Pogolowitz, President Michael Quinn, City Administrator Date Date Page 2 - ADDENDUM TO MEMORANDUM AGREEMENT - 11"