The URL can be used to link to this page

Agenda - 11/28/2005 CITY OF WOODBURN CITY COUNCIL AGENDA NOVEMBER 28, 2005 - 7:00 P.M. KATHRYN FIGLEY, MAYOR WALTER NICHOLS, COUNCILOR WARD 1 RICHARD BJELLAND, COUNCILOR WARD II PETER MCCALLUM, COUNCILOR WARD III JAMES COX, COUNCILOR WARD IV FRANK LONERGAN, COUNCILOR WARD V EUDA SIFUENTEZ, COUNCILOR WARD VI CITY HALL COUNCIL CHAMBERS - 270 MONTGOMERY STREET 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. The HOliday Tree Lighting and Coloring Contest will be held on December 4 in the Downtown Plaza. Local vendors will be selling food items from noon to 8:00 p.m. At 5:00 p.m., there will be a candlelight procession from the Settlemier House to the Downtown Plaza for the City's Tree Lighting Ceremony. Following will be entertainment by three different cultural dance and singing groups and a posada for children. B. The Mayor's Holiday Concert featuring local musicians will be held at Woodburn High School on December 6 and 8 at 7:00 p.m. Appointments: None. 4. PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: None. 5. COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn Downtown Association "Habra interpretes ilisponibles para aquellas personas que no bablan Ingles, previo acuer()o. Comuniquese al (5031980-2485:. November 28, 2005 Council Agenda Page i ~ 6. COMMUNICATIONS None. 7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council consideration not already scheduled on the agenda. 8. CONSENT AGENDA -Items listed on the consent agenda are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. A. Woodburn City Council minutes of November 14, 2005 1 Recommended Action: Approve the minutes. B. Woodburn Recreation and Parks Board draft minutes of 12 November 8, 2005 Recommended Action: Accept the draft minutes. C. Planned Demolition of Water Well Building at Hayes-Settlemier 14 Intersection Recommended Action: Information only. D. Urgent Repairs to Sanitary Sewer Manhole Highway 214 at 16 Boones Ferry Road Recommended Action: Information only. 9. TABLED BUSINESS A. Union Pacific Pipeline Crossing Agreement 17 Recommended Action: (1) remove the item from the table for further consideration, (2) authorize the City Administrator to execute a Pipeline Crossing Agreement with Union Pacific Railroad, as presented, with the understanding that construction of a safety manhole may be added into the Agreement. 10. PUBLIC HEARINGS None. November 28, 2005 Council Agenda Page ii ~ 11. GENERAL BUSINESS - Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the City Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral prerogative. A. Council Bill 2601 - Resolution declaring certain City property 30 located at 491 North 3rd Street (the former Woodburn Community Center) to be surplus property and authorizing the City Administrator to sell sold property to Mikko Aaby Recommended Action: Adopt the resolution. B. Liquor License New Outlet 34 Recommended Action: Recommend to the OlCC denial of a New Outlet application for Mae Thai. C. Acceptance of Public Water Main Easement 37 Recommended Action: Accept the attached Public Water Main Easement. D. City Administrator Employment Agreement 44 Recommended Action: Approve, and authorize the Mayor to execute, the attached Addendum to the Employment Agreement with John C. Brown. 12. NEW BUSINESS 13. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These are Planning Commission or Administrative Land Use actions that may be called up by the City Council. A. Community Development Director's Approval of Design Review 47 05-07 (790 Lawson Avenue) B. Planning Commission's Approval of Conditional Use 05-02 and 49 Property Line Adjustment 05-09 (Pacific Auto Sales) 14. CITY ADMINISTRATOR'S REPORT 15. MA YOR AND COUNCIL REPORTS 16. ADJOURNMENT November 28, 2005 Council Agenda Page Hi SA COUNCIL MEETING MINUTES NOVEMBER 14, 2005 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, NOVEMBER 14, 2005. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0015 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Brown, Public Works Director Tiwari, Police Chief Russell, Public Works Manager Rohman, Finance Director Gillespie, Park & Recreation Director Westrick, Information Services Manager Miles, City Recorder Tennant Mayor Figley recognized the sacrifices of military personnel both current and veterans in their service to Oregon and the United States. She also requested for a few minutes of silence to remember those individuals who have lost their lives while in the service and to direct kind thoughts to their survivors. 0077 ANNOUNCEMENTS. A)City offices will be closed on November 24 and 25,2005 in observance of Thanksgiving. The Aquatic Center and Library will be closed on November 24, 2005. B) Holiday Tree Lighting and Coloring Contest will be held on Sunday, December 4, 2005, in the Downtown Plaza. Food will be sold by local vendors between 12:00 noon and 8:00 p.m.. A candlelight procession from Settlemier House to the Downtown Plaza will begin at 5:00 p.m. followed by a tree lighting ceremony at the Plaza. Entertainment will include three different dance and singing groups and a posada for children. 0156 PROCLAMATION: PREMATURITY AWARENESS DAY - NOVEMBER 16. 2005. Mayor Figley read a proclamation proclaiming November 16, 2005 as Prematurity Awareness Day in support of the March of Dimes's efforts to fund research and programs to find causes for premature births. Page I - Council Meeting Minutes, November 14, 2005 1 COUNCIL MEETING MINUTES NOVEMBER 14, 2005 TAPE READING 0247 PRESENTATION: INTRODUCTION OF INFORMATION SYSTEMS MANAGER. Finance Director Gillespie introduced Brian Miles as the City's new Information Services Manager. He stated that Mr. Miles is from Phoenix, Arizona and has a strong background in network design and maintenance and has previously done a migration of networks similar to the type of project the City will soon be working on. Mr. Miles expressed his appreciation for the opportunity to work for the City and he will be working on the City's system to make it operate at its full potential. 0388 CHAMBER OF COMMERCE REPORT. Nick Harville, Executive Director, distributed copies ofthe Christmas brochure that was developed by the Tourism Alliance and it lists all of the scheduled events within the communities represented in the Alliance. He also distributed copies of a document that outlines the second part of their series on "Marketing to Latinos". This series focuses on how Anglo businesses should be marketing themselves in order to capture some of the Latino market. This session will be held on December 8, 2005 and he hoped this session will be as well attended as the first session. He stated that the Chamber Board planning retreat will be held on November 14, 2005. Another upcoming event is the Crystal Apple Award on Friday, November 18, 2005. 0496 LETTER FROM PORTLAND-WOODBURN R.V. PARK DATED NOVEMBER 7. 2005. Mayor Figley stated that the letter from the RV Park Manager complimented the Public Works Department, in particular Julie Moore, for reviewing the traffic issues on Arney Road which included placement of directional signs to Woodburn Company Stores on the south side of Arney Road and to re-locate 1-5 directional signs so that the signs are more visible to motorists. The Mayor stated that she had also received a letter from a gentlemen thanking the City for the level of professionalism that the City's Police Officers exhibited in a rather tragic situation. 0562 CONSENT AGENDA. A) approve Council meeting minutes of October 24,2005; B) approve the Special City Council meeting minutes of October 31, 2005; C) receive the informational report on planned Highway 99E Traffic Median Visibility improvements; D) receive the Building Activity report for October 2005; E) receive the Planning Tracking Sheet dated November 4,2005; and F) receive the claims for October 2005. Page 2 - Council Meeting Minutes, November 14, 2005 2 COUNCIL MEETING MINUTES NOVEMBER 14, 2005 TAPE READING In regards to the Highway 99E Traffic Median Visibility improvements, Councilor McCallum stated that the City will be painting, and maintaining, the median since ODOT no longer has equipment to hand paint. Additionally, ODOT will install reflective wands and buttons on the median strip. Councilor Nichols stated that he did not want to see the islands proposed in the Highway 99E Safety and Preservation project constructed if they will become water collectors in the roadway. Public Works Manager Rohman stated that he would relay this concern to ODOT. NICHOLSIMCCALLUM... adopt the consent agenda as presented. The motion passed unanimously. 0746 TABLED BUSINESS: UNION PACIFIC PIPELINE CROSSING AGREEMENT. Mayor Figley stated that staff work needs to be completed before it will be brought back to the Council for consideration. 0763 PUBLIC HEARING: SALE OF COMMUNITY CENTER PROPERTY. 491 N. Third Street. Mayor Figley declared the public hearing open at 7: 14 p.m.. Administrator Brown stated that there were three (3) offers on the table at the time the staff report was written. Since then the offer from Brian Lehman has been retracted. The remaining offers are from chay LLc. and Mikko Aaby. chay LLC has been submitted an addendum to increase their offer to $205,000 from the original $195,000 as well additional information on what their plans are for the building. He stated that his original recommendation was to reject both the chay LLc and Lehman offer and to accept the Mikko Aabyoffer. However, he would now recommend that the Council consider both offers and decide which offer to accept then direct staff to proceed with drafting a resolution for consideration at the next regular meeting. He also stated that he had not signed an acceptance ofchay LLc's addendum and would not do so unless the Council elects to accept their offer since the addendum was just received today. Administrator Brown reviewed background information relating to the sale of this property. A bid had been accepted by the Council in June 2005 but the financing fell through which is why the property was placed back on the market. The public hearing is being held as required under Oregon state statutes for disposition of swplus property and this public hearing was noticed in last week's Woodburn Independent. He stated that the appraisal amount in 2001 was based on a market study of a sales comparison valuation approach and valued at $395,000. The City tried to sell the property outright but received no bids on the property anywhere near the appraisal, however, one bid was received at $160,000. Hallmark Realty then assisted the City is marketing the property and, following their review of comparable property values, the property was listed at $200,000. The bid from Mikko Aaby is in the amount of $200,000 and they have a pre-approval for their loan conditioned upon a number of mortgage company requirements. The rear portion of the Page 3 - Council Meeting Minutes, November 14,2005 3 COUNCIL MEETING MINUTES NOVEMBER 14, 2005 TAPE READING building would used as a residence and the front portion of the building used to operate a computer consulting service. The closing period for this offer would be December 16, 2005. This offer was initially recommended for acceptance since it was a higher sales price and the use was less intensive and potentially less disruptive for the neighborhood. He also stated that a condition of the sale has been for potential buyers to meet commercial office zoning on this property rather than commercial general since it is consistent with the zoning approved within the Periodic Review update and Comprehensive Plan amendments. The second offer was for $195,000 but has been amended to $205,000 and would best any other offer by $1,000 up to a $250,000 maximum. chay LLc is considering the opening of an Art Center with a variety of uses that would simulate some of the activities held at the Community Center prior to its closing less some of the party activities and the government restaurant activity (Senior Meals program) that was being operated out of the Center. This bid would also close on December 16, 2005 and would be a cash on hand sale. Both offers are good but the choice is being left to the Council as to which offer will be accepted. 1339 Chuck Sirianni, father of Ann chay of chay LLc, stated that the funds are currently in escrow and ready for disbursement if the Council accepts their offer. They would like to establish their Art Center program in the Willamette Valley close to Salem and feel that Woodburn is the right location for their program. Joan Ormsby stated that she would be operating a dance studio plus a variety of other art forms. In her opinion, the building could be made very attractive again with the improvements planned by chay LLc. Mr. Sirianni stated that they are very serious about moving forward with the Performing Arts Center proposal and feel that they would do a good job in working with the City on the improvements. Councilor McCallum questioned the number of students at anyone time in the building. Ms. Ormsby stated that class sizes are generally small in size and they will be offering private classes. Councilor McCallum expressed concern with the amount of parking available next to the building and the potential impact on the neighborhood if on-street parking is required for clients or visitors to the Art Center. Mr. Siranni stated that they realize that the parking off-street parking is limited but felt that they would be able to find solutions to the parking situation if the need arises. They will also be making substantial repairs to the building which will enhance the neighborhood. In regards to a potential catering business, the food would be prepared in the existing kitchen but the catering would be done off-site. There would be no parties held at the Center, however, they are still looking at potential uses of the building in order to create some sort of cash flow. Councilor Cox reminded the Council that whatever plans chay LLc make for uses of the building will need to be consistent with commercial office zone. Page 4 - Council Meeting Minutes, November 14, 2005 4 COUNCIL MEETING MINUTES NOVEMBER 14, 2005 TAPE READING Councilor Sifuentez reminded the Council that there is a City-owned parking lot located about 1 block away from the Community Center. Councilor McCallum reiterated his concern about the impact on-street parking will have on the neighborhood. 2059 Mike LaVoive spoke on behalfofhis fiancee Mikko Aaby regarding their proposed use ofthe property as a residence in the back portion and the front portion of the building housing his computer consulting business. He stated that their business will not impact the neighborhood since his company, Vmedia Services, is an IT base business where they put together virtual tours on the internet. He goes out to the job sites to photograph and then processes them on the computer. Traffic flow would be minimal since clients generally upload their data on the computer and send it over to his business for processing and uploading on the web. In regards to making repairs to the property, they would be able to invest about $50,000 immediately to make upgrades to the building. 2424 Councilor Lonergan felt that both were viable offers that would be good for Woodburn but was inclined to go with the offer submitted by Mikko Aaby. Councilor Sifuentez stated that she was inclined to go with the offer from chay LLc in that their presentation was well done and felt that their proposal would provide a service that our community presently needs since it will most likely be a few years before the City is able to construct another Community Center. Councilor Cox reminded the Council that presentations made by parties are helpful but not legally binding on their behalf. He felt that both were good offers and felt that going with the highest offer would be beneficial to the City. Councilor McCallum stated that he would like people to come to downtown Woodburn but was concerned with the neighborhood impact if a business generated a lot of traffic. Councilor Nichols felt that the second offer has a better opportunity of survival at this time realizing that the first offer will benefit the community at large. Councilor Bjelland stated that this was not an easy decision since there are impacts on the total community, the neighborhood, and the dollar amount is relatively minor compared to the total impacts on the community. The second offer is a more financially viable investment since it is intended to be a shared residence and business. The first offer would be relying on attracting enough clients to justify the investment in the business. Mayor Figley stated that she could be persuaded that the first offer could be conditioned upon the purchaser working with the City to minimize the situations that did come up while the building was being utilized as a Community Center. However, she felt that the second offer would be a good fit for the neighborhood and the amount of money involved in the purchase price is not significant and she would prefer the less intensive use of the building. No one in the audience spoke either for or against either one ofthe proposals. Councilor Bjelland questioned if the building is, or being, considered as a historic building thereby qualifying for tax credits. Page 5 - Council Meeting Minutes, November 14,2005 5 COUNCIL MEETING MINUTES NOVEMBER 14, 2005 TAPE READING Administrator Brown stated that to the best of his knowledge the building would not be considered as a historic building and it is not on a historic register at this point in time.' Mayor Figley closed the public hearing at approximately 7:50 p.m.. LONERGAN/MCCALLUM... accept the offer from MikkoAaby in the amount of $200,000.00. On roll call vote, the Councilors voted 3-3 with Councilors Bjelland, Sifuentez, and Cox voting nay. Mayor Figley voted aye and stated that the Community Center building would be sold to Mikko Aaby. The Mayor also thanked chay LLc for their proposal and interest in the W oodbum community and for their professionalism in their presentation. 3411 COUNCIL BILL NO. 2597 - RESOLUTION AUTHORIZING EXECUTION OF COLLECTIVE BARGAINING AGREEMENT WITH AMERICAN FEDERAL OF STATE COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 642. Councilor Sifuentez introduced Council Bill 2597. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2597 duly passed. 3534 COUNCIL BILL NO. 2598 - RESOLUTION ESTABLISHING EMPLOYEE COMPENSATION INCLUDING SALARY AND BENEFITS. Council Bill 2598 was introduced by Councilor Sifuentez. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2598 duly passed. 3600 COUNCIL BILL NO. 2599 - RESOLUTION AUTHORIZING EXECUTION OF COLLECTIVE BARGAINING AGREEMENT WITH THE WOODBURN POLICE ASSOCIATION. Council Bill 2599 was introduced by Councilor Sifuentez. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor Lonergan questioned the language in Article 11 regarding time spent by an assigned officer for off-duty canine care. Chief Russell stated that the federal 9th Circuit Court issued a ruling on how officers would be compensated for canine care and the language in the proposed agreement is consistent with the court's decision. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2599 duly passed. Page 6 - Council Meeting Minutes, November 14, 2005 6 ~ TAPE READING COUNCIL MEETING MINUTES NOVEMBER 14, 2005 3805 COUNCIL BILL NO. 2600 - RESOLUTION AUTHORIZING THE WASTEWATER TREATMENT PLANT TO ELECT TO USE DEPARTMENT OF ENVIRONMENT AL OUALITY (DEO) APPROVED INTERIM HEADWORK LOADING LIMITS. Councilor Sifuentez introduced Council Bill 2600. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2600 duly passed. 3908 ACCEPTANCE OF PUBLIC RIGHTS OF WAY AND PUBLIC UTILITY EASEMENT. Staff recommended the acceptance of the public right of way and public utility easement from the Marion County Housing Authority in conjunction with Hazelwood Estates development located at 825 Carol Street. NICHOLSIBJELLAND... accept the attached Public Rights of Way as described on Attachment "A" and the Public Utility Easement as described on Attachment "B" in the staff memo. Councilor Cox stated that the easement document is headed Public Utility Easement but the content of the document provides for an easement to operate franchise utilities and does not cover the publicly owned water, sewer, and storm drain lines. He questioned if the easement before the Council will ever be needed for the publicly owned utilities. Public Works Director Tiwari stated that there would be no need for an easement for publicly owned utilities since the current easement already includes the publicly owned utilities and the extra five (5) feet will provide sufficient area for the franchise utilities to perform their work in installing and/or repairing their lines. The motion passed unanimously. 4153 ACCEPTANCE OF PUBLIC STORM SEWER AND PUBLIC WATER MAIN EASEMENT. Staff recommended the acceptance of the easements from the Oregon Golf Association as a condition of approval in conjunction with The Links at Tukwila Phase N PUD. BJELLAND/NICHOLS... accept the attached Public Storm Sewer Easement as described on attachment"A" and the Public Water Main Easement as described on Attachment "B" in the staff report. The motion passed unanimously. 4237 CITY ADMINISTRATOR'S REPORT. A) Marion County Strategic Planning - Administrator Brown stated that staff had prepared a list of issues and answers to the discussion questions based on those issues in order to give the County a more prepared answer to their questions. He stated that staff is focusing on 1) Land Use to facilitate Economic Development, 2) an ailing Criminal Justice System, 3) needed Transportation improvements, and 4) Education. He also referred the Council to the last question on the list of discussion questions which asked Page 7 - Council Meeting Minutes, November 14, 2005 7 COUNCIL MEETING MINUTES NOVEMBER 14, 2005 TAPE READING for additional suggestions and staff listed emergency preparedness, cultural awareness, and recreation programs as programs that should be considered for future County funding. Councilor Bjelland suggested that under question #2, the bullet point to streamline land use processes include the periodic review and urban growth boundary amendment process. Administrator Brown suggested that the Mayor and Councilors review the staff s responses and let him know within the next couple of days ifthey have any other changes they would like to make before he forwards the information to the County. B) Intergovernmental Agreement with ODOT regarding funding at the 1-5 interchange improvement - Administrator Brown stated that he has been negotiating with ODOT the local share of the interchange improvements since ODOT does not have a specific dollar amount or split that has been established by the State. ODOT has informed the City that unless there is a local match a project will have a much more difficult time being funded by the State. He stated that negotiating an agreement is important to the City since the City's Transportation System Plan relies on ODOT designation of the interchange as a planned improvement. Negotiations to date have resulted in a 15% local share and he is working on getting that to be a known dollar amount with credit for the $2.5 million previously spent for property purchase plus credits for federal earmarked funding and whatever other sources that might be obtained by the City for this improvement. The local share would be borne by the City but could be passed on through traffic impact fees and/or assessments to be paid by private development. Additionally, the City will also be able to utilize ODOT's investment bank so that if the City will not have all of the money available when required under the agreement the City will be able to borrow from ODOT and repay the money within 2 years after the project goes on the STIP which is about the same time that construction costs will need to be paid. He also stated that he will be talking to Marion County about contributing towards the City's local share since this interchange serves North Marion County. The Council will be provided with an intergovernmental agreement for review within the near future. Councilor Bjelland stated that he was glad to hear that negotiations are currently at a 15% local share rather than the initial 25% share ODOr had requested since no other City interchange area would come close to that figure and Woodburn should not have to pay that high of a percentage of cost. C) Administrator Brown stated that Greg Protham (Greg Protham Company) has been working on the Community Development Director position profile with the next step being advertisement for this position. In regards to the salary level, the former Director was being paid around $76,000 and, with COLA, the number would be closer to $80,000. Mr. Protham has requested that he be allowed to advertise a salary range of $70,000 - $85,000. Administrator Brown requested Council approval to set the salary range as suggested for the purpose of putting out an advertisement and then seeing what Page 8 - Council Meeting Minutes, November 14,2005 8 COUNCIL MEETING MINUTES NOVEMBER 14, 2005 TAPE READING response the City gets for an applicant pool. Under the current time lines for this recruitment, the City will probably not make a hiring offer until the end of February with a start date approximately 30 days later. The Council had no objection to setting the salary range at $70,000 - $85,000. D) Letter of Intent to Retire - Administrator Brown stated that he had received a letter of intent to retire from Library Director Linda Sprauer effective June 30, 2006. He stated that she recently had a contract renewal and the new contract goes through June 30, 2006. 5650 MAYOR AND COUNCIL REPORTS. Councilor Nichols stated that the Holiday Music Festival will be held at the High School Lectorium on December 6 and 8, 2005 beginning at 7:00 p.m.. Councilor McCallum extended his congratulations to the Woodburn Meth Task Force who presented an Anti-Meth Showcase earlier this month which was very well-attended and Chief Russell gave an excellent job in presenting information to the attendees. He stated that the Task Force is looking at doing a community-wide presentation. Councilor Sifuentez stated that she had attended the League of Oregon Cities conference last weekend and one of the big issues discussed at the conference was the Measure 37 land use issue which is now before the Oregon Supreme Court. Once a court decision has been made, it will most likely generate more ballot measures for voters in upcoming elections. Another issue involved the methamphetamine problem state-wide and she felt that within our own community it is necessary to target the Hispanic population for education in order to try and combat this problem. She stated that it was important that the Council support the Police Department in every effort they can to combat this growing drug use problem within our community. 6008 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn to executive session under the authority of ORS 192.660(1)(i) to conduct the performance review of the City Administrator. MCCCALLUM/SIFUENTEZ... adjourn to executive session under the statutory authority cited by the Mayor. Administrator Brown acknowledged his right to have his review conducted in open session however he was waiving his right so that the review can be done in closed seSSIOn. The motion passed unanimously. The meeting adjourned to executive session at 8:23 p.m. and reconvened at 9:06 p.m.. 6081 Mayor Figley stated that no decisions were made by the Council while in executive seSSIOn. Page 9 - Council Meeting Minutes, November 14,2005 9 ~ COUNCIL MEETING MINUTES NOVEMBER 14, 2005 TAPE READING COXINICHOLS... amend the City Administrator's contract for the forthcoming year effective October 1,2005 to grant him a four percent (4%) increase in salary for the contract period plus his COLA adjustment which was already adopted by the Council at this meeting in a previous matter, and an appropriate addendum to the contract be brought back to the Council for approval and execution at the next meeting. The motion passed unanimously. 6209 ADJOURNMENT. NICHOLS/MCCALLUM... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:08 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 10 - Council Meeting Minutes, November 14, 2005 10 Executive Session COUNCIL MEETING MINUTES November 14,2005 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, NOVEMBER 14, 2005. CONVENED. The Council met in executive session at 8:30 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Brown (8:45 pm until 9:04 pm), City Recorder Tennant Mayor Figley reminded the Councilors, and staff that information discussed in executive session is not to be discussed with the public. The executive session was called under ORS 192.660(1)(i) to review and evaluate, pursuant to standards, criteria and policy directives adopted by the governing body, the employment-related performance of the chief executive officer of any public body, a public officer, employee or staff member unless the person whose performance is being reviewed and evaluated requests an open hearing, ADJOURNMENT. The executive session adjourned at 9:04 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page I - Executive Session, Council Meeting Minutes, November 14, 2005 11 ~ Minutes Woodburn Recreation and Parks Board Tuesday, November 8, 2005 7:00 p.m. 8B I Draft I 1. Call to Order Rosetta Wangerin, Board Secretary called the meeting to order at 7 p.m. 2. Roll Call Members present, Rosetta Wangerin, Board Secretary; Ann Meyer, Member; Bruce Thomas, Member, Joseph Nicoletti, Member Absent: Herb Mittmann, Chair; Cristal Sandoval, Member, Eric Yaillen, Member Staff present Randy Westrick, Paulette Zastoupil, A.A; Steven Patterson, Recreation Services Manager 3. Approval of Minutes from September 20.2005. Motion to accept the minutes by Ann Meyer after a typo correction in section 5, the motion was seconded by Joseph Nicoletti. 4. Business from the Audience: None. 5. Division Reports Aquatics - Steve Newport Randy reported that the written aquatic report showed that attendance down. He explained that new counter staff was improperly counting people who used the facility. Steve has since corrected the problem. Recreation and Leisure Services - Steven Patterson Steven reported that adult basketball has 24 teams playing this year. Registration for youth basketball is going on right now and starts in January. Again, school gym space is needed with little available but he hopes to resolve it with the school district before the season begins. Steven shared that Woodburn Downtown Association would be helping with The Annual Christmas Tree Lighting this year. The tree lighting event is scheduled for December 4, 2005, with caroling beginning at 5:00 PM at the Settlemier House and continuing downtown to the Plaza. He reported that PAL Teen Scene is growing in enrollment and that Legion Teen scene has an average of 35 - 45 kids daily. He shared that teen dances, field trips and planned fun activities helped to increase enrollment. He reported that After School Club has 100 children daily at each site. Bruce Thomas asked about the adult activities, and Steven shared that the adult trip attendance had increased this session and he is in the process of planning for the winter addition of the Recreation Reporter and plans to complete a Recreation Services survey with seniors to access the seniors needs. Page 1 12 Minutes Woodburn Recreation and Parks Board Tuesday,November8,2005 7:00 p.m. Parks and Facilities - Randy Westrick Randy reported that the grass was planted at Centennial Park Ballfield #3 just in time before the cold weather. He reported that the City Council reviewed The Mill Creek Greenway Plan and he expects the Council will approve the plan in December. 6. Woodburn Downtown Plaza Operating Regulations Rosetta opened up discussion on the Plaza regulations. Bruce Thomas commented how the Plaza has had a positive effect downtown and has observed various families using it on the weekends. Randy shared some activities that may be planned there in the future. Rosetta asked about our application process and system for checking the vendors to make sure they were following the regulations and the process if needed for keeping the deposit. Randy explained our current system to the Board and shared that we were started to ask for identification verification for event organizers. Joseph asked that we change the wording of key use to be specific to the Plaza. 7. Organizational Workshop Rosetta opened discussion on the workshop and asked the Board if they had anything to add to the agenda. Bruce asked about the operating budget and CIP so Randy explained the budget background material to the Board. He asked the Board to be thinking about the direction and future projects for the parks in 2006-2007 so that they would be included in the Park and Recreation Comprehensive Plan. 8. Future Board Business · Retreat, November 16, 2005 · Next meeting, October 11, 2004 9. Board Comments Joseph Nicoletti asked when the Legion Tree removal overlay would be completed and Randy replied that he would check with the volunteer group who conducted the survey. Randy will provide a draft at the Board retreat. Meeting adjourned at 7:45 PM Rosetta Wangerin, Board Secretary Paulette Zastoupil, Recording Secretary Date Date Page 2 13 ~ WOO:Q~uRN Incorpo,ated 1889 8e ~~ . . November 21, 2005 TO: FROM: Honorable Mayor and City Council through City Administrator David Torgeson, Assistant City Engineer, through Director of Public ~ Works ~ Planned Demolition of Water Well Building at Hayes - Settlemler Intersection (For Information To The Council) SUBJECT: INFORMATION: Improvements to the roadway and intersection are planned for 2006 summer construction season. Changes to the intersection are intended to improve circulation and safety of motorists and pedestrians. The street work will be preceded by demolition of the existing water well house. BACKGROUND: The City well, Well #4, located at the intersection of Settlemier Avenue and Hayes Street will be abandoned. The well is one of the City's oldest and is no longer required with completion of the City's water treatment project. The first step in the process, disconnecting the electrical power, has been completed. The next step will be removal of equipment from the interior of the well house followed by demolition of the well house itself. Demolition of the building will begin after January 1, 2006 City forces will do the well house demolition. Once the well house is removed the City will obtain bids from certified well drillers for abandonment of the well in accordance with state Water Resources Department requirements. When the abandonment is complete the well house foundation will be removed and the area will be filled to match existing elevations. Public comment has been received concerning alternative configurations for intersection improvements. Further pre-design work, including traffic counts and analysis need to be completed. Staff will return with recommendation for final Agenda Item Review: City Administrator~ City Attorney _ Finance 14 ~ Honorable Mayor and City Council November 21,2005 Page 2 . . configuration. Completion of these tasks is scheduled to permit presentation of the selected Option by the end of February 2006. FINANCIAL IMPACT: Work will be performed with operational funds, or in connection with approved CIP projects. 15 ~ WOODJ3URN ltlcorpo'altd 1889 8D ~~ . . November 21 , 2005 FROM: Honorable Mayor and City Council through City Administrator David Torgeson, Assistant City Engineer, through Director of PUbliC~ Works ~ Urgent Re~alrs (~ Sanitary Sewer Manhole Highway 214 at Boones Ferry Road TO: SUBJECT: INFORMATION: A concrete manhole section at the intersection of Highway 214 and Boones Ferry Road failed on or before November 17, 2005. The manhole that failed is in ODOT right-of-way. ODOT maintenance personnel made a temporary repair, using a steel plate. The City has responsibility for repair and maintenance of sanitary sewer facilities in the ODOT right-of-way. BACKGROUND: ODOT staff and Public Works agreed to expedite repairs of the manhole. Public Works staff sent (by FAX) a request for quotations to five selected contractors, all qualified by experience and reputation. Telephone follow-up revealed that all but one had interest and would reply to request. Two contractors responded by the deadline. They and their quotation are as follows: Bob's Backhoe Service, LLC All-Ways Excavating USA LLC $7,884.00 $10,762.50 Staff has proceeded with a contract with Bob's Backhoe. Work is scheduled to start 10:00 PM Tuesday November 22, and be complete by 6:00 AM the day following. FINANCIAL IMPACT: The work will be funded from Street Maintenance budget line item 140.631.4211.5361. Agenda Item Review: City Administrat City Attorney _ Finance 16 ~/~1v.!\ . ,. . ;rrr. .... .. . ,!<;1 I '. , Wo Q.D BURN 1"(O'I'~1ratcJ' 889 ~~ 9A . . November 21, 2005 TO: Honorable Mayor and City Council through City Administrator FROM: David Torgeson, Assistant City Engineer, through Director of Public Works prf'" SUBJECT: UPRR Pipeline Crossing Agreement RECOMMENDA liON: 1) Remove the item from the table for further consideration. 2) Authorize the City Administrator to execute a Pipeline Crossing Agreement with Union Pacific Railroad, as presented, with the understanding that construction of a safety manhole (as requested by City staff) may be added into the Agreement. BACKGROUND: A proposed Pipeline Agreement with the Union Pacific Railroad was presented to Council on August 8. The matter was tabled at that meeting. The matter was returned and brought from the table October 24, 2005. Additional background is contained in Agenda Items from those dates. The Union Pacific Railroad (UPRR) has certain requirements for construction in their right-of-way. An application was tendered April 22, 2005. Documents were provided by UPRR on May 10, 2005. Completion of the Pipeline Crossing Agreement will involve return of executed original documents, payment of a $2,400 Pipeline Crossing fee, and execution and return of Contractor's Right of Entry Agreement. (The City will engage the latter after a contractor has been selected to install the pipeline.) The agreement is a license, and allows termination in 30 days. The railroad does not allow easements for pipelines across the railroad right-of-way. Staff has not recommended seeking further extension of termination period. Agenda Item Review: City Administrato City Attorney _ Finance 17 Honorable Mayor and City Council November 21, 2005 Page 2 . . DISCUSSION: Identical license agreements have been executed by numerous utilities and public entities along the railroad line. Historically, the railroad has never required the City to relocate any of its utilities after obtaining permission to install them. Portland General Electric reports that agreements between themselves and the railroad contain similar terms. Only once in twenty years has a relocation been required (for construction of a new spur line). PGE received help in finding a new site from the railroad. Northwest Natural has similar history, but no relocations have occurred according to Northwest's Chief Engineer. It has been more difficult to draw parallels between our Pipeline Crossing and the experience of ODOT with railroad crossings. Council specifically asked for information pertaining to the Highway 214 under crossing of the UPRR that was constructed in the 1970's. After conversation with five ODOT staffers, the conclusion: that information was not readily accessible - but may be hidden in archives. An individual whose title is 1I0DOT State Railroad Liaison" spoke of the current policy of his agency. ODOT staff is under direction to accept railroad agreements and not to invoke condemnation proceedings. This direction from OOOT policy-makers recognizes the time value of ODOT projects, and the "great cost" that would be incurred to seek legal modifications to standard railroad agreements, according to the spokesman (who is associated with the OOOT Right-of-Way Department.) He, other ODOT staff and franchise utility representatives have each commented on the low probability of legal challenges to the termination language contained in railroad standard agreements. City Attorney may wish to provide further information concerning the legal basis of railroad rights of way through Woodburn. The Attorney provided initial input in the prior memo (included in the Attachment) . FINANCIAL IMPACT: Fee of $2,400 will be paid from budget established for CIP project. Total estimated cost of the construction (occurring later) is $190,000. Attachment: Council Agenda Item (October 18, 2005) with attachments 18 ..~.d...'\ ~ ~ WOODBURN l.t,ff,fAI,J "" ~~9A . . October 18, 2005 SUBJECT: Honorable Mayor and City Council through City Administrator David TOrgese:l::nt City Engineer, through Director of PUbli~ WorKs ~ UPRR Pipeline Crossing Agreement TO: FROM: RECOMMENDATION: 1 ) Remove the item from the table for further consideration. 2) Authorize the City Administrator to execute a Pipeline Crossing Agreement with Union Pacific Railroad. as presented. with the understanding that construction of a safety manhole (as requested by City staff) may be added into the Agreement. BACKGROUND: A proposed Pipeline Agreement with the Union Pacific Railroad was presented to Council on August 8. The matter was tabled at that meeting. Subsequently, the Director of Public Works and the City Attorney informed Council by memorandum of relevant issues. Staff now believes the Agreement can and should receive action by the Council. The following includes a recap of previous issues and actions. A regional stormwater detention facility (an approved CIP project) will be constructed on City-owned property west of Settlemier Avenue, south of Smith Addition. Hydraulic studies performed in connection with the design indicate that additional capacity is needed in conveyance facilities downstream. The link between Settlemier and Front Street will be improved by construction of an open swale near the south line of the City park. The new swale will act in concert with the existing buried pipe to provide needed capacity. A new 24-inch pipe will provide the required capacity east of the park. It will cross Front Street. UPRR, and Ogle Street before discharging to a tributary of Mill Agenda Item Review: City Administrat 42 .... ...... 19 r Honorable Mayor and City Council October 18, 2005 Page 2 . . Creek. The new pipe will be in a bored casing and will be constructed parallel to the existing pipe. The Union Pacific Railroad (UPRR) has certain requirements for construction in their right-of-way. An application was tendered April 22, 2005. Documents were provided by UPRR on May 10, 2005. Completion of the Pipeline Crossing Agreement will involve return of executed original documents, payment of a $2,400 Pipeline Crossing fee, and execution and return of Contractor's Right of Entry Agreement. (The latter to be accomplished after a contractor has been engaged by the City.) Since the Pipeline Crossing Agreement was first received in May, City statf investigated two possible areas of change in the Agreement. First, whether UPRR would agree to a different arrangement, and provide a permanent easement to the City instead. The response was negative - the railroad does not grant easements. Second, Section 11 of the Agreement requires removal of the pipeline upon termination of the Agreement. Section 13 allows termination by either party after giving 30 days written notice. Staff investigated whether other Oregon cities had successfully negotiated changes in these Sections. Since the original agreement was drafted, staff has recommended that additional work be performed concurrently with the bored under-crossing. The additional work occurs at an opening in the existing culvert section. The opening (adjacent to Ogle street, on the railroad rlght-ot-way) presents a hazard to public safety. Plans showing construction of a manhole (that will fill the open culvert transition) have been submitted to the UPRR for review and approval. The railroad is expected to Issue an amended Pipeline Agreement that will include and permit this additional work. DISCUSSION: Identical license agreements have been executed by numerous utilities and public entities along the railroad line. Historically, the railroad has never required the City to relocate any of its utilities after obtaining permission to install them. Changes to the Termination language appear possible, based on experience of other jurisdictions. The City of Salem negotiated an extension trom 30 days to one year. Because there are no feasible alternatives (in the present instance) to conveying storm drainage, except across the railroad rlght-ot-way, staff has concluded that such an extension of the termination clause provides no benefit to the City 43 20 Honorable Mayor and City Council October 18, 2005 Page 3 . . The agreement is necessary for work to proceed. Construction will occur In spring 2006, after final design is completed and clearance from Oregon OSLo and US Army Corps of Engineers is secured. The City's insurance underwriter has reviewed the Agreement. No changes in the document were recommended as a result of that review. A portion of the facility will be constructed on private property east of Ogle Street. The owners. Mr. And Mrs. Johnston, have graciously granted the necessary easement. Acceptance of this easement will be brought to the Council as a separate item. FINANCIAL IMPACT: Fee of $2,400 will be paid from budget established for CIP project. Total estimated cost of the construction (occurring later) is $190,000. Attachments: Agreement (UPRR Folder No. 02321-68) City Attorney's Legal Opinion dated August 18,2005 44 - 21 1'1 "I.ICllu(, 1"",, ^1'lllOVr,l. ^ VI' I.~\N Folder Nil Cl2121 '(IH PI PELINE CROSSING A(;nEEMENT Mile Post 7)4 rn, Brooklyn Suhdlvlslon/Branch I.ocallon Woodburn, M:lrlon Counly, Orct;on TillS AGREEMENT IS madc and entercd Inlo as of May 10, 2005, by and betwecn UNION I)ACIFIC RAILROAD COMPANY, a Delaware corporallon, (herclnaOer Ihe "licensor") and CITY OF WOODBURN, an Oregon mUnicipal corporal ion to be addressed at 270 Montgomery St., Woodburn, Oregon 97071 (hereinaOer Ihe "licensee"). IT IS M UTUALL Y AGREED BY AND BETWEEN TilE PARTIES HERETO AS FOLLOWS: Arllcle I. LICENSE FEE Upon execution of this Agreement, the licensee shall pay to the Licensor a one-time license Fee of Two Thousand Four Hundred Dollars (S2)400,OO). Article II. LICENSOR GRANTS RIGIIT. In consideration of the license Fee to be paid by the licensee and in further consideration of the covenants and agreements herein contained to be by the licensee kept, observed and performed. the Licensor hereby grants to the licensee the right to construct and thereaOer, during the term hereof, to maintain and operate only a 24 inch storm water pipeline crossing (hereinafter the "Pipeline") In the location shown and in conformity with the dimensions and specifications indicated on the attached print dated May 05, 2OOS, marked Exhibit A. Under no circumstances shall licensee modify the use of lhe Pipeline for a purpose other than the above-mentioned, and said Pipeline shall not be used for any olher use, whether sueh use is currently technologically pOSSible, or whether such use may comc mto eXIstence during the life of this Agreemenl. Arllclc III. CONSTRUCTION, MAINTENANCE AND OJ>EltATION. The ~rant of rtKhl herein made 10 the I.lccnsl'c IS subJcctto cach and all of lhe Icrllls. proVISIlH1S. condlllOns, IJrllltatlons and covenants sel forth hc:reln and In LxllIllll B. hereto altachcu. Article IV. I F wonK IS TO BE l'EnFORM ED !IV CONTHAcrOIC If a conlractor I~ to do any of the work perforlllClI on thc Plpcllne (mcluumK ulltlal cOIl.slrllcllon ;Jlld suh~equent relocation or ~uh~tanllalmatnlcnam:c Jnd rcp;lIr work). Ihen lhe 1.lcen'iee shall rcqlllre Its contractor to execute the Rallroad'~ form ('ontractnr's It 'Khl of Enlry ^Krccment 1.lcemce acknowledges receipt of a copy of Ihe ('ontraclor's HI).:hl of hllry ^Krl'cllll'nt and IInderstJnchnl( of lIs tcrllls. prOV!'''"lS. 22 39 , IN WITNESS \\'IIEltEOF, Ihc parllC"; herelo havc causcd II".. Al:rcCIl\CnIIO hc e.,ct:lIlcd a.. of Ihc dJLc (U<;I herelo wnllcn UNION I'A('IFIC nAII.IU)AJ) COMI'ANY C1TYOFWOODlUJnN I\y . _ By MJIlJgcr . (:onlrJCIS Tille:: 23 41 II ' "'tll' , ,',',..' "I A '." I I l t.IIWIT tl :;"II,rlll I LlMITATlQN AtlU_~V!.!()JH2lliATJOtlQ[ lU<';Jrr~jQl\AlITf;Q (/I) The fOll/golng CJ/onl 01 (ICJhllS subJoct and suoordlnOle 10 Iho pllOl and conhnulng IIghl emd obllgallon ollho LIC/III\()I '" ,,';0 and momloln lis enllre plOperly Includll\g rho rlcJhl ond power 01 tho Licensor 10 construCI. mOIOIOIn. ropull. wnow. US/l Ilpo/ato. chango. moeJ./y or roloc:ale rOllrood lrocks. signal. communlcohon. 'Ibot Ophcs. Of olhor wllohnos. plpol,n"s Clnd Olhr" "ICI',ItOS upon. along 01 (Jcro~u any 01011 ports 01,15 property 011 or any 01 whIch mClY bo Irooly dOllo 01 ony 111\10 or hmos t.1( IIII' I 'lOllSOf' Wlthoullioblhly to Ihnl,ccnsoo or 10 any Dlher party lor componsohon 01 damagos (I.) Tho loregolng cJrunt,s nlso sIIblOCIIO 011 oulsta/K!tn9 supm'or flghls "neludlng tnoso In 10'101 01 ltcelucwl OliO lp.s'iI.'C'. (,I 11\l~ l.lcensor's plopony. C1nd oIIlOlS) and tho u{lhl 01 Iho 1.ICCl\SOI to ronow and oxlond Iho some. on<J 15 rnodo Wlthoul COVOIlOIII (" 1.,11l or lor 'lUlel enloymf)nl ~ ;oc liOn 7. coo.smucrLQN MAl/IITfJMNCE ANO. Q[1JlAnQ~ (oJ TIle Pipelino sholl be conslrucled. operaled. mOlnlained. ropalred. ronowed. mocMlftd andlor reconslruCled by Ihn lJconsoo in Ilrlct conlormlly Wllh Union Paclllc Railroad Co. Common Slandard Spocillcallon 1029 adopled Novomber 19"9. ond 011 amendmontslhoreol and IUpplomoru Ihereto, which by Ihls relerence Is hereby mcx:le a pori hereol. oxeepC a. may be modilied and approved by Ihe lJcensor'l Vice Presldent.Enqtneerlng Services. In the evenlluch Spoclllcalion connlcls In any respocl wllh the requlremenls of CD'ly loderal, state or municipal law or r8<Jlllallon. such requirement. shoJI QOY8rn on 011 point. ol eonUiCf, bul In 011 olher relpeclllthe Speclllcotlon shaJl apply. (b) All work performed on property oIlho licensor In connection wUh the construct/on, moJnlenance. ropolr, renewal. modlficallon or reconllrucllon 01 the Plpollne lhall be done 10 the latlslacllon o/lhe licensor. (c) Prior 10 the commoncemenl 01 any work In cOMectlon wuh the conslrucllon. motntenonce, repair. ronewal, modl/lcohon. r elocallon, roconltructlon or removal ollhe Ptpellno where II POUOI undernoolh Ihe roadbed and track or Iracks ollho Uconsor. I he Ucenl90 ahalllubmllto the Ucensor plans selllr'O out the method and mannor 01 handling the work. IncludJng lhe shoring and cribbing, II any. required 10 protecl the licensor's operations, CDld shoJI 001 proceed With In. work until such planl hovo been opprovod by Ihe Vice Prelldent-Engineortng SeNkes ollhe Ucenaor and then tho work lhoJl be done 10 Ihe lotlllactlon ollhe Vieo Prosldent.Englneerlng Services or hll aUlhorlted repreaentollve. 100 Ucenaor IhoU havo the right, 111110 elect I. to provido such supporl as II may deem neceleary lor the aofety ollis track or trockl during Ihe limo 01 con.INCllon. malnlenCD'lco. ropedr, renewal. modJllcatlon. rolocatlon. reconatrucllon or remOYOl ollhe P1peUne, and. In Ihe event Ihe Ucenlor provide. such support. tho LlconlGO shall pay to the UceMOr, Within lilleon (15) days afte, bills lholl have been ronde,ed therolor, all expenso incurred by the lJcensor In connection thorowilh, which expense lhalllncludo 0/1 aSllgnable COlli. (d) The ucens" sha/l keep and maintain tho loll over Ihe Pipeline Ihoroughly compocled and Ihe grade evan Wlfh tho (Idlacenf lurlace at the ground. ~ ;ocllon 3. NOTICE Of COMMENCEMENT Of WORK lr on emergency should arise requlr1n<J Immediate oUonllon. Ihe Uconsee shall provtde os much nallco 0' practlcoblo 10 Licon,or bolore commencing any work In all olhor IlIuallonl. tho L1contoe .hall nOllly Iho lJconlar 01 loolllen (10) days (or "lJcl1 othQr lime os the Leonlol may allow) In advance 01 tho commoncomonl 01 any work upon properly 01 the liconsor In , "nnocllon w1lh lho consUucllon. malnlenanco. repalr. ronewal. modJllCallon. reconslrucllon. rolocatlon or romovol 01 tho Pipehno ^Il such worle sholl bo prosecutod dlllg&nlly 10 completion ,.~llon 1\ LICENSEE TO I}fJ\R EN"I1RE EXPENSE. The lJconaao shall bear tho onllro cosl and oxpanso Incurrod In connecllon wllh tho conslruCllon. malnlonanco. ropal( IIld rOl1owal and ony and 011 mool/lcallon. rov1.lon. roloco/lan. lemoval or roconstrucllon 01 lho Plpellno. .nr.ludlnQ any and all .. '.ponl'} which may bo IncurrCK1 by Iho lIconsor In conllocllon lhorow1lh lor luporvlolon. Inspoc;lIon. nagganQ. or olhorwho ,I. '" h ".If I t)t . r . h.lt., II 24 43 "\ /WIJI)fIAI'IAlj, III', 10, "pp,oye.'. "VI' L ..... 111'c1..e.' 0)101000) EXttlOIT 0-' Union Pacific Railroad Company Insurance Provisions For Pipeline I Wlrcllne I Dralnago L1ccnso Agrecments Licensee shall, alllll sole cosl and e.penso, procuro and mainlain during the hlo ollhill ^greemenllho 101l0W1ng .nsuranc.o r.ovcrago: A. Commercl,.1 Genf)('jll LI.blllty InSUl'anco Th.s InsurancG sllall conlalf'l bioad form conlrodualliability WIth a single IImtl of alloosl S2,OOO,OOO each occurrence Of daim and an 09grogolo llmil 0' at least $4,000,000 Coverage must be purchascd on B posl 1998 ISO or equivalent lorm. Including bul nolllmitctd 10 coverage lor Ihe loIlowIng: Ood.ly Injury including dealh and personal injury . Property damago Fire logalllabdlty (Nollen Ihan the roplacemont value 01 tho portion 01 the plemlses occupied) . Produds and complelod operations Tho policy ahall also conlaln the folowng ondoraemonls whleh .hall be Indluted on the certificate olln.urance: . The emp&oyoo and woBe(1 oompenaation related elldullona In the above poley apply only to L1censoo's employeel . The ellc.lualonl fot railroads (except whore the Job &it. II mOfe than fifty f~ (60') from arty railroad IOOuding but not Imltod to tradtl, bridgel. !rettlel, roadbeds, lermlnals, underplssel Of aOIlIng.), and explosion. collapse and underground hazard shall be removed . Waiver of lubrogatlon B. au.lno.. Automobile Covor.GO Insurance. This InlUrwlCe thall contain. combined lingle limit of at lellt $2.000,000 per occurrence or claim, lncJudlng but not Im/ted to ooverago for the followtng: . Bodly Infury and property demege . Any and all motor vehldea IOOOOlng owned, hired and non-owned The policy than aI&o contain the following endoraements whleh shall be Indicated on the c.rtlfI~t. 01 lnauranee: . Tho employee and worker'. oompenlaUon related exduslona In tho above policy apply only to Ucen60e'Il omp/oyees . The exclu.lon. for railroads (except where the Job &ito Is more than fifty feet (50') from any railroad Indudlng but not limited to tracks, bridgel. trestlel, roadbeds. termlnall, underpllsel Of cronlngl). and explosion, collaple and underground hazard aha' be removed . Motor Carrier Ad Endorsement- Ha.:uwdouI mateltal. dean up (MCS-90) If required by law. C, Work.... Como.nutlon and EmDlov.... Uabllltv Insurance Including but not limited to: . L1cenlee'. statutory liability under lhe workera' compenlatlon la~ of the ltate(l) affected by !hill Agreement . Employera' UablUty (Part B) with 1m Ita of at lealt S5OO,ooo each accident, $600,000 dlseale policy limit $600,000 each employee If W()(1(ora Compcnaallon inlurance will not covor lho UabHIty of Ucensee In ,talos that roqulre partlcJpoUon In stato wor1corll' compenuUon lund, Uoansee thell comply with the Iowa of IUch Ilalel. II Llcenlee II lolf-tnlurod, ovldooco of 61010 approval mu,t bo provided along wilh evidence of exco., workor. componution coverage. Coverage .hall Indude nablllly analng out 01 the U. S Longshoremen', and HorbOf WoOlera' Act. the Jooo. Act, Ind lho Ouler Conlmontsl Shell Land Act, II appUuble fho policy ,holt olIO contain IhG following endOfl(Jmonl which Ihlll be Indlcltod on th. cortJnclI. of In.uranCG: Nlornote Employor Endorsoment D. Umbr4l1l, or Exton PollclOl In Ihe ovonl L,C()nIOO uli~lOS UmbrO"1 or oxceu polldel. lhue policlos ,hall .'oIlOw lorm- and oHord no lOll covorago thon the prlmlry polley I'.oe 1 or 2 25 47 f l ~ '1'11' I ' t ,,'.1 'l'I"'I,'.J ,\ .1' I I' ......lIh d~" f,'"I,II' VI d,,,' 1,1 '.I,f h J,tt"I,..,ly : .oe !lOll 'J liL~~l()j!^nQ1iQfJ.JCr~~Olr~ !'1\~)J'rf(Ti In Iho ef""' Ih" L.<.:unwr outh0010l Ihtt l.Jcensoo 10 luke down UIlY 1111l('~ "II'", l-x: Olllioor 01 10 any monnor r1'\Olle or dlslur I, WlY of Ihe OIbol' proporly 01 Iho IJcensor In connochon wllh Ihe consltuchwl tIIUlIllcnonce. ropal! lenowal. mcxh"catHH' II~onslruchon. rolacohon Of romoYOJ ollho Plpellno. thon In .hol evenllhu 1.Jc:el\!,oo shnll. os soon os poulbln ond 01 Llcuns"" ~ ',010 (?lCpOnse. rc"loro such lonce and olhor proporty 10 Iho 50me condlhon O~ .he SUInt! w",e In boloro such lenr.o wtJl laken dowl! ,). ..uch olhor properly wus moved Ot dlSlulbcd. and Iho Llcensoo sholllndorrH\lfy rl/ld hold harmloss lho Licensor lis olllcur\ (I(Jenls und omployoos. 0901nsl and Irom any un<.! 011 ,"ot>lUly. Iou. damagos. <:ICIIr"'. demands. costs ond oxpensos 01 WOOISOOv", nolura. ,ncludlllU court cosls and allornoYI'loos. which may rosulllrom "'IUIY 10 or UO<11h 01 porsons whonaoovcr. 01 damulJIJ I" ",1055 or tlcslruCllOll 01 propor1y whatsoever. whon such Hllury. doolh. datnogc~ loss or doslnlChon groVlS out 01 or 01150' IrOtn Ih,. IllklflU down of OilY (""co or the mOll\n9 or dislurbanco 01 uny Olher propurly oltlll~ l.Jconsor :;eellOIl to IN1.n:~U"-ITi (u) As u50d 10 lhis Section. -Ucen5or. Includes Olhor rallrood compOnlo:\ uSing Iho uconsOr"1 properly 01 or noar the location ollhe Llcensecfs Inslollallon and lhel, oIlicelS, agonts, and employoos; .Loss' Includes Jon. damage, claim" demands, aelions. cousos 01 ocllon. penalties, cosls. and orpenlOs 01 whatsoevor nature, Including CO\Jrt cOsla and ollorneys'leea. which may resull hom: (0) Injury to or death of perlons whomsoevor <Including Ihe ucensor's olllcors, agenll, and employoes, the Ucensoe's olllcers. ogentl. and employees, 01 weU os any ocher perlon); and/or (b) damage 10 or loss or dealructlon 01 property whatsoever (Including Uconlee's proporty. damage 10 tho roadbed. tracks, equipment. or Olher property oIlhe Ucensor. or proporty In lis care or cuSlody). (b) ~ 0 mojor Inducement and In corulderatlon oIlhe license and permlulon herein granled. Ihe lIconsee agrees 10 Indomnlly and hold harmleulhe Ucenaor from any Lou which II due 10 or ansollrom: I. The prosecution 01 ony work conlomplaled by this Agreemont Including lhe Inslallallon, conslruchon. moJntenanco, repo1r, ronowal, modlllco1lon, reconslruChon. relocation. or removal of the Plpolino or any pori thoreol; or 2. Tho prosence. oporation, or ule of tho Pipeline or conl<mts escaping therelrom, axceptto Iho extentlhot tho Lo.. la Cauled by the .ole and dJroct negligonce ollhe Licensor. SltCtlon II REMOVAL Of PIPE UNE UPON TERMINATION Of AGREEMEm-. Prior to the termination oIthll AQreemool howsoevor. Ihe Licensee shall. at LJcenloo', lole expenso. remove tho Plpollne 'rom those portions of the property no( occupied by the roadbed and Irack or 'rackl of Iho Llconllor and Iholl roslore. 10 lhe IOtlslocllon oIlhe Uccnsor. IUch portlonl of .uch property 10 a. 900d 0 condillon oalhey were In atlho lime oIlho corutrucllon of Iho Pipeline. U the LJcenlOe falla 10 do lho foregoing. the UceMOC' may do such wOfIc of romovel and resloratlon at Iho cosl and oxpensc oIlho Uceruee. The lIcenaor may. at lis opllon. upon such lermlno1ion. ollne enUre cost and expense oIlho Uconsee. r amove the por110ns oIlhe PIpeline Iocotod underneath II. roodbod and Irock or track, and reslore luch roodbod 10 as Qood 0 condlllon os il was In at lhe lime 01 tho construe lion 0/ lho Pipeline. or il may permll lho Licon Ie#, to do such work 01 romoval and (~IOl'otlon 10 tho Ilotlslacllon oIlhe UconSOl'. In tho event ollhe romoval by tho lIcon!lor ollhe properly cllno lIcon,oe and ollho I r',loralian 01 tho roodbod and proporly o. horoln prOVldod. lho I.Jcenlor chollln no manner be Ilablo 10 tho !..Jeonsoo for any , lomogo !luslalnod by Iho Uconloc for or on accountlhorool. ond such removal und roslOlotlon shall In nu manner prOjuOlcu or '"1f>01I any rlOhl 01 aellon lor damages. or olhorw1so. IhotlnG !..Jeonaor may hovo C1Qnln,llho UeonllOo ','Kllon 12 WANI:n. Of ORfACH Tho walvor by Iho Uconsor ollho broach 01 any condition. covonant or oqro"monl horoln conlalned 10 no kopl. obllorvod . Ind fXJrformod by Iho lIeonloe shojI In no way Impolr tho rlQhl ollho L'COnllOl' 10 oVOlIII~nll cl any romO<.Jy for any autJaO<lu')nl "(')(JCh Ihorool II" (' t, "'Ie I .., .1 I .hlll,' II 26 45 ~ / It. ;.:;;; f;T.,rd. -.v--"rlf 1" ...... WQQDBUBN 9A ~~ ,. ~',' .,.., I ., I . . . August 18. 2005 TO: Honorable Mayor and City Council FROM: Frank Tiwari. Public Works Director ~ N. Robert Shields. City Attorney 1/lS'~ SUBJECT: Union Pacific Railroad Pipeline Crossing Agreement RECOMMEt':'DATION: Receive the report, BACKGROUND: The City Council considered a proposed pipeline agreement with the railroad at its August 8. 2005 meeting. This agenda item was tabled because of concern about the ability of the railroad to terminate the agreement without couse on 30 days notice. The Council also asked for information on the authority of the City to condemn railroad property. DISCUSSION: NeQotiation of AQreement The railroad initially approached the City with its "standard form" license agreement. Identical license agreements have been executed by numerous utilities and public entities along the railroad line. The post experience of the City is that the railroad is not easy to negotiate with and has little flexibility in its initially proposed contract terms. Historically. the railroad has never required the City to relocate any of its utilities after obtaining its permission to install them. Public Works stoff mode telephone calls to other jurisdictions to receive their input of this moiler. The only jurisdiction it found that hod negotiated some modifications to the standard agreement was the City of Salem. However. the City of Salem was only able to extend the 30-day notice provision to one year. Agenda Ilem Review City ALJrnlnlstrolor ..-27 28 City Allorney __ Financo& 11CJnor(Jble Mayor und Clly C()l)I'CiI Augus I \ 8, 2005 Page 2 . '\ . Public Works stoff will approach the railroad and propose that the agreement be changed from a license to an easement. Legally. licenses ore normally revocable. Easements run wilh Ihe land and con be perpetual. City Condemnation of Railroad Prooertyl This memo provides general legal information. as requested by the Council. If a more specific discussion is needed at a future time, this should occur in executive session. The general parameters ore: · Railroads, like cities. have the power of condemnation. Certain railroad rights-of-way were acquired through Congressional Grants from the United States and are not subject to condemnation or even adverse possession. Consequently, how the railroad holds title to the land may well be determinative. The first step In evaluating any potential condemnation action would be to thoroughly research this question with the aid of a title company, · One potential legal limitation to the City's authority is contained in Oregon case law. The authority to condemn property already appropriated to public use must be stated "in express terms or must arise from necessary implication," Little Nestucca Toll-Road Co. v. 7illamook Co" 31 Or 1, 6, 48 P2d 465 (1897), The railroad would be considered to be property already appropriated for public use, · The more serious and likely legal hurdle is federal preemption under the Interstate Commerce Commission Termination Act. In City of Auburn v. U.S. Government. 154 F3d 1025 (9th Cir 1998), cert den, 527 US 1022 (1999), the Ninth Circuit construed this statute os preempting local environmental regulations that were otherwise applicable to proposed changes in railroad operations. This case has been widely cited for the proposition that Congress intended to broadly preempt state and local government regulation of railroad operations. · Many cases have found that federal preemption precludes local government action against railroads. See. e,g.. City of Lincoln v. Surface Transportation Boord, 2005 U.S. App. LEXIS 13946 (8th Cir July 12. 2005). (Acquisition of easement for bicycle and pedestrian trail is preempted.); I In pIe poring this portion of the memo. the City ^"orney consulted wilh several professional colleagues. The contribulion mode by other city allornoys and lormer city allorneys in Portland. Solem. Beavorton. Lake Oswego. Oregon City. and Grants Pass is acknowledged. 28 ')0 tt(Hlorut)le Muyor UrH.J Clly Cuutlul August 18.2005 Page 3 . . Wisconsin Central Ltd. v. City of Marshfield. \60 F Supp 2d 1009 (WD Wis 20001 (finding brood preemption): Columbiana County Port Authority v. Boardman Tp. Pork Dist.. \54 F Supp 2d 1\65 (NO Ohio 2(01) (adopting Auburn and Wisconsin Central os precedent!. . In certain instances. federal courts hove found that no preemption exists if the exercise of local government authority against the railroad does not interfere with railroad operations. However. it is likely that the involved facts will be litigated. See. e,g.. District of Columbia v. 109,205.5 Square Feet of Land, 2005 U.S. Dist. lEXIS 7990 (April 25. 2005) (Acquisition of an easement by eminent domain to permit a crossing of railroad track in connection with construction of a new publiC street did not implicate federal preemption where it would not prevent or unreasonably interfere with railroad operations,): City of Lincoln v, Surface Transportation Boord, 2005 U.S. App. LEXIS 13946 (8th Cir July 12, 2005), (Dicta where court states that "it is well established that nonconflicting, nonexclusive easements across railroad property are not preempted if they do not hinder rail operations or pose safety risks.) FINANCIAL IMP ACT: None from this report. 29 :10 ~~~~ ~ WQ.QDBURN Incofl'Df4ltJ '899 l1A ~~ . . November 28, 2005 TO: Honorable Mayor and City Council FROM: John C. Brown, City Administrator SUBJECT: Resolution Approving Sale of Community Center Property RECOMMENDA liON: It is recommended the City Council adopt the attached resolution declaring City property located at 491 N. 3rd Street (the former community center) surplus, and authorizing the City Administrator to sell said property to Mikko Aaby. BACKGROUND: On November 14, 2005, the City Council took the following actions related to the sale of the old community center property at 491 N. 3rd Street: · Conducted a public hearing on the proposed sale of the property; · Rejected the offer of $195,000 for the property submitted by Chay, LLC, because they found the use identified in the offer submitted by Mikko Aaby had less potentially negative impact on the surrounding residential neighborhood; · Accepted the offer of $200,000 submitted by Mikko Aaby; and · Directed staff to prepare a resolution documenting the sale of the property . DISCUSSION: The attached resolution was prepared pursuant to Council direction, declares the old community center property is surplus and is not needed for a public purpose, documents the Council's approval of the sale of the property to Mikko Aaby, and authorizes the City Administrator to accept Ms. Aaby's offer on behalf of the City and to the sell the property to her for $200,000. Agenda Item Review: City Administrat City Attorney _ Finance 30 ~ Honorable Mayor and City Council November 28, 2005 Page 2 . . FINANCIAL IMPACT: The recommended action will net the City approximately $187.000 for the former Community Center property, after paying brokerage and escrow fees. This money will be placed in reserve. to be used to buy or construct new community facility space. 31 COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION DECLARING CERTAIN CITY PROPERTY LOCATED AT 491 NORTH 3RD STREET (THE FORMER WOODBURN COMMUNITY CENTER) TO BE SURPLUS PROPERTY AND AUTHORIZING THE CITY ADMINISTRATOR TO SELL SAID PROPERTY TO MIKKO AABY. WHEREAS, on June 27, 2005 and pursuant to ORS 221.725 the Woodburn City Council conducted a public hearing on the sale of city-owned property at 491 N. 3rd street, considered two offers for the property, and accepted the offer of Deborah Higginbotham for $200,000; and WHEREAS. on July 7, 2005 the City Council adopted a resolution finding that the property was surplus property and not needed for public use and that $200,000 was a reasonable amount for the City to receive for the property, and authorized the City Administrator to sell the property to Deborah Higginbotham; and WHEREAS, the sale to Deborah Higginbotham could not be consummated, the property was placed back on the market, and two additional offers were submitted for Council consideration; and WHEARAS, Notice of Public Hearing was published on the proposed sale of the property owned by the City at 491 North 3rd Street; and WHEREAS, pursuant to ORS 221.725, the Woodburn City Council conducted a public hearing on November 14, 2005 on the sale of city-owned property at 491 N. 3rd Street to hear testimony concerning said sale; and WHEREAS, the Council disclosed the nature of the proposed sale and the general terms thereof, including evidence of the market value of the property; and WHEREAS, the Council considered two offers for the property and determined that it was in the best interest of the City to accept the offer from Mikko Aaby, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The property is known as 491 North 3rd Street, Woodburn, Oregon and is described as follows: Page 1 - Council Bill No, Resolution No. 32 ~- W~N 1.,Q'fQ,a,tJ f3" ~~lB . . November 21, 2005 TO: Mayor and City Council through City Administrator FROM: Scott D, Russell, Chief of POliceY SUBJECT: Liquor License New Outlet RECOMMENDATION: The Woodburn City Council recommend to the OlCC denial of a New Outlet application for Mae ThaI. BACKGROUND: Applicant: Mae Thai 2515 Newberg Hwy Woodburn, OR 97071 Owner(s): Bounoum & Vongpheth Phraphakdy 3033 Phillips Ct. Richmond, CA 94806 Manager: Ananh Phraphakdy 3422 Jory St, Woodburn, OR 97071 License Type: Full On-Premise Sales - Allows for the sale of distilled spirits and malt beverages and wine for consumption on the licensed premises, On October 24, 2005 the Woodburn Police Department received an application requesting approval for a new outlet for Mae Thai. The above-mentioned individuals are applying for a license, Agenda Item Review: City Administrato _ City Attorney _ 34 Mayor and City Council November 21, 2005 Page 2 . . During the last 12 months the Pollee Department handled 5 incidents at Mae Thai. One was a disturbance that involved a verbal argument in the parking lot and no charges were filed in the matter. There were no reported liquor law violations by the business, The applicants state that they intend to run a family restaurant open 9AM to 9PM, open six days a week, closed on Sundays. The pollee department contacted the adjacent business manager at Kentucky Fried Chicken who had no issue with granting the license. The department has received no other communication from the pUblic or surrounding businesses In support of or against the application, DISCUSSION: The pOlice department has completed a limited background investigation on the applicant business and found nothing of a questionable nature, An In- depth Investigation was completed on the owners and manager no offenses that would preclude a license being Issued or items of a questionable nature were located, The manager told our investigator that they were only applying for a Limited on Premise License (beer & wine). However on or about 11-9-05, it was pointed out to the manager that he had applied to OLCC for a Full On-Premise License Instead, The investigator told the applicant that his application would have to be corrected and submitted to us prior to 11-21-05 for consideration, However, as of this writing they have not done so, and the 45 days for the City to consider this application will have run on December 9, 2005, Under the criteria identified by the OLCC and adopted by the City Council I have no alternative but to find that the applicant has provided false, inaccurate, or errant information to the City of Woodburn in its application and to recommend that council recommend to OLCC denial of the application at this time, The applicant has been advised of this recommendation and further that if they submit a corrected application it may be considered at some future date, FINANCIAL IMPACT: None 35 T'" / OREGON LIQUOR CONTROL COMMISSION . LIQUOR LICENSE APPLICATI -, , VJ -- ("'-VC1C1 ~ PArD ~ 10D - 8', . . , '. ACTIO (J Change Ownership ~ew Outlet Cl Greater Privilege (J Additional Privilege (J Other (name of city or county) PLEASE PRINT OR TYPE Apolication is beina made for: L1C~SE TYPES ~Full On-Premises Sales ($402.60/yr) (J Commercial Establishment o Caterer a Passenger Carrier Q Other Public Location a Private Club a Limited On-Premises Sales ($202.60/yr) a Off-Premises Sales ($100Iyr) a with Fuel Pumps Q Brewery Public House ($252.60) a Winery ($250/yr) a Other. Aoolying as: a Individuals a Limited Partnership OCT 2 4 2005 recommends that this license be: Granted (J Denied 0 By: (signature) Name: (date) Title: a Corporation a limited liability Company OlCC USE ONLY Application Rec'd by: Date: \fi1/4-/t6' 1. Applicant(s): [See SECTION 1 of the Guide] CD Jj6tuJO/U..( P~J.kJN{)f/ ~ VfJM~ f'JfJEn.! P/fRAPII-Akfi,/ 2. Trade Name (dba): ~ fha./ 3. Business Location: fJ-S1S"/J6tn&lltt2t; ~ (number, street, rural route) @) @ ~ (city) (county) IK. (state) '1;071 (ZIP COde) 4. Business Mailing Address: ~S N1fk,U~1i I!.ut (PO box, number, street, rural route) 5. Business Numbers: ~1fl):3- *~-q'Jl>/) (phone) 6. Is the business at this location currently licensed by OLeC? aYes ~ IJJ'66I\8uteAJ 4J( (clly) (slate) ~76 71 (ZIP code) (fax) 7. If yes to whom: Type of ~icense: 8. Former Business Name: 9, Will you have a manager? ~es QNo Name: JcJJ/rtcJJ1t P~~JlA.kJ,}" (manager must fin out an individual history form) 10. What is the local governing body where your business is located? ~~Ai (name of city or county) P"'RAPH-~ 5Dc3- 'J r J..-qq ~ (phone number(s) 71 (ad~~~ss) (fax number) (a-mail address) I understand that if my answers are not true and complete, the OLCe may deny my license application. APPe=licant(s) Signature(s) and Date: ~\T -~ Date ,fz-{S-4,2@ Date ,~'V __ ~ Date !a-1945:@ Date 1-800-452-0LCC (6522) www.o/cc.state.or.us 36 ~ WOODBURN rwcorpor.,ta 1889 lie ~dtuw . . November 21 , 2005 TO: Mayor and City Council through City Administrator FROM: Randy Scott, Senior Engineer Technician, Through the Public Works ~ Director c:- K> .. SUBJECT: Acceptance of Public Water Main Easement RECOMMENDATION: It is being recommended that the City Council accept the attached Public Water Main Easement as described on Attachment "A". BACKGROUND: The easement is being conveyed to city by the Falcon Corporation, Inc. as a condition of land use approval in conjunction with the Dave Carter and Associates building constructed and located at 2215 National Way. The 16 foot wide water main easement is to maintain a water system though the property providing fire protection and domestic service. The water main has been constructed and funded by the property owner. DISCUSSION: The quality of the existing water distribution system in the area will benefit from this looped water main installation. FINANCIAL IMPACT: There is no financial impact with the recommended action Included as Attachment "A" is the properly signed Water Line Easement and map Agenda Item Review: City Administrat City Attorney _ 37 Vicinity Map 38 on 'OJ- o N on on ... o N N EXHIBIT "A" AFTER RECORDING RETURN TO: Woodburn City Recorder City of Woodburn 270 Montgomery Street Woodburn. OR 97071 CITY OF WOODBURN, OREGON PUBLIC UTILITY EASEMENTS (Permanent) The Falcon Corporation, Inc. GRANTOR, grants to the CITY OF WOODBURN. OREGON, hereinafter called CITY, a permanent easement and right-of-way, including the permanent right to construct. reconstruct, operate, and maintain water line utilities on the following described land: See attached Exhibit "A" Legal Description of Permanent Easement and attached Exhibit "B" Sketch for Legal Description of Permanent Easement which are by this reference incorporated herein GRANTOR reserves the right to use the surface of the land for any purpose that will not be inconsistent or interfere with the use of the easement by CITY. No building or utility shall be placed upon, under, or within the property subject to the foregoing easement during the term thereof, however, without the written permission of CITY. Upon completion of the construction, CITY shall restore the surface of the property to its original condition and shall indemnify and hold GRANTOR harmless against any and all loss, cost, or damage arising out of the exercise of the rights granted herein, The true consideration of this conveyance is one dollar ($1.00), and other valuable consideration, the receipt of which is acknowledged by GRANTOR. GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of the above-granted premises, free from all encumbrances and that GRANTOR and their heirs and personal representatives shall warrant and forever defend the said premises and every part thereof to CITY against the lawful claims and demands of all persons claiming by, through. or under GRANTOR. DATED this Jl day of \t\...\ <J-V\ -) .206S. Public Utility Easements (Permanent) Page 1 of 6 39 The Falcon Corporation, ~Cj By:~L- J J Curran FO CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA, County of Marion ss. The foregoing instrument was acknowledged before me this I tt day of CV\.~ 20o~ by John J Curran as Chief Financial Officer of The Falcon C poratlon, Inc. a corporation and the foregoing 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. 3- P'- 0(0 e DonnIII t.om..... 00l4llII11OfII . IlGOIIIrI D'IRU MMQt.._ IONOED THIU aD ItIPUIUO lUM1Yot. Public Utility Easements (Permanent) Page 2 of 6 '40 PERSONAL ACKNOWLEDGEMENT STATE OF FLORIDA, County of Marion ss. The foregoing instrument was acknowledged before me this \ <\'\-~ day of \f),\c.,-,--, , 20 (y~ by .) ~~~ .. RY PUB IC FO FLORIDA My Commission Expires: .3. J .oc. City of Woodburn 270 Montgomery Street Woodburn, OR 97071 e 00nnealI Lam MIddIIIan . CXlWQSSlQN . DClOIItJ1 IXPlRES MARCH .. 2GOI . . BONDED THRU OLD RIPUIUC tuN1Y ClQ. (Grantee's Name and Address) Accepted on behalf of the City of Woodburn after authorization by its City Council on date on the condition that the interests conveyed herein are free and clear from taxes, liens, and encumbrances. City Recorder: Mary Tennant Public Utility Easements (Permanent) Page 3 of 6 \41 Weddle & Associates, Inc. Pro....1onaI Land SUrwycn 171O~~~,.105 OFFICE (503) 2t2-IOIS . TOLL FREE (881) 22NCl83 FAX (50S) 212... April 28, 2005 Job No. 3680REVlSED JUly 11,2000 GARY W. CHIEa 42e4t WATER LINE EASEMENT - RENEWAL DATE: DEC. 31. 3flJ~ LEGAL DESCRIPTION: EXHIBIT "A" A tract of land for water line easement purposes being a part of Parcel 2, Partition Plat No. 91-37, Marion County Plat Records, in the Northeast 1/4 of Section 8, Township 5 South, Range 1 West of the Willarnette Meridian, City of Woodburn, County of Marion and State of Oregon. being more particularly described as follows: Commencing at the most Northerly comer of Parcel 2, Partition Plat No. 91-37; thence along the Northeasterly line thereof South 55043'53" East, 185.40 feet to the True Point of Beginning of the herein described tract ofland; thence South 41017'48" West, 34.46 feet; thence Nonh 48042'12" West, 15.48 feet; thence North 41017'48" East, 5.40 feet; thence North 48042'12" West. 7.50 feet; thence South 41017'48" West, 25.80 feet; thence South 48042'12" East, 7.50 feet; thence North 41017'48" East, 5.40 feet; thence South 48042' 12" East, 15.48 feet; thence South 41017'48" West, 268.60 feet; thence South 49046'34" East, 218.66 feet to the Northwesterly line of a 16-foot wide waterline easement per Industrial Park Addition, Volume 34, Page 9, Records of Marion County; thence along said Northwesterly line North 40013'26" East, 16.00 feet to the Northeasterly line of said Parcel 2; thence along said Northeasterly line North 49046'34" West, 202.36 feet to an angle comer therein; thence along the Southeasterly line of said Parcel 2 North 41017'48" East, 296.59 feet; thence North 81008'03" East, 1037 feet to the Northeast comer of said Parcel 2; thence along the Northeasterly line thereof North 55043'53" West, 22.81 feet to the True Point of Beginning The bearings for this description are based on Partition Plat No. 91-37, Marion County Plat Records. \42 ........... , ;... ~ ;... - " ~ III ~ "" ~ ,.. ~ ~--- I N- >- 01 ri...J. W ~~ ~~~ ~~i Q. cD " ~ n. " .... C\l ..... 4> CJ So. as Q.. - " - .... III l"""'- I"') . I~ ......~ 0> co >. +J C :J ~ . :- 0 Z o~ 0 w z ~ c ~ .- 0::: 0 W:5 :-.~ (/) Q.. (/) ~ l5zU1 .g WO.....EOl L- .::J <l> Z!::(X)..o1... ....J ~ ."0 0 0:: < ~ 0 w Cl. (/) ~ ~NV__ ~~'O w""" >. OW+J O:::ZO < Q.. ~ "~ ~ "~ ,.0 >< ~ 'i~l~, '~~l. t ;. ~8 . N :a5 -N .....J ~ ~ ~ #~; Ic-/ " .~,./ ~ p'/ .0" / yJ '0'/ ~ "~. ~ ~/ :;? ~ / '" "/ ~::: I \ I I t: ~~ , ~ . I i~ . ;; :~ 10 I ~ I I ~ ..... 4> () So. as lJ.. ~ .' ~ L,' ~r~ ~ ~I.., ;... ..~. :: '" ~ l, z z-- M I ~ 0) . o Z o rO N 4V"4&' J4"W 218.3&' I~. '. '202,36'/~'-L L ',-;"_ c:- - - - , , 9"46'34"[ 218.6& 54 ~ ..,; ,,,. ~ .,~ - ntO Q.. ..;'~ ~' ~ ~ o .... ..,; .... ..,; ~ ~ Q.. 43 i ~ ~~ 8 ~ 100> ~ ,.: .~ i -~N w If; , ~ '" ~ ~ 0 ;... N ::0 ~/ I ....... . M.,~ l.zt-.8t N z iii V ~ r:Qc;' ~ / ~ '.' /L ,~'~I j pl/// M.,Zl~"~ ~/ ~ I .. . './ / ..../ / . 2 /. . / , . [1Y-1' ':' //:/'" '..J ~I ./ 3"Zl.Z".ut- S .' ~ '/ ..r -:il1o~l r' t; L:.~~:---' (. Q 3..~I,Z".8t S ~ l./ ~~ :-tti ~ z ~ ~ ~ N I ~ N 0) N MO J ~ Z-- "" GO I 0..... C7) co 0 N - 0 GOO) ~~ 0:: CO IN <~ 0 I N_ .. CJ)Uj ANN"" So. .:d ~ 0 ~ C7) 'I' 0 ~ 4> CJ) ~ ~ N GOe ~:a O~ = M'GO .. r... ~ ~..... M 0 GO ~ ::S4>z--::SOUjlas en ~ ~ CJ) c.. _ ~ !:z,. . .~ (,) t> d- -Q:l GO "" _/~.{.' -:;J..Vv:~~ .. ~ ~ WOQ.DBURN /n(",,'~'rtJ'eJr XS9 ~ ~llD . . November 28, 2005 TO: Honorable Mayor and City Council FROM: John C. Brown, City Administrator SUBJECT: City Administrator Employment Agreement RECOMMENDATION: It is recommended the City Council approve, and authorize the Mayor to execute, the attached Addendum to the Employment Agreement with John C, Brown. BACKGROUND: I am employed pursuant to an employment agreement executed in September 2004. In addition to establishing my compensation, benefits, working conditions and rights, the agreement requires the Council to evaluate my performance annually and provides for merit-based salary increases. On November 14, 2005 you evaluated my performance for the past year, and elected to increase my salary by four (4) percent. DISCUSSION: The attached addendum modifies the salary provision of the Administrator's contract, effective October 1, 2005. Other contract provisions are unchanged. As with previous agreements, I am entitled to the same benefits as other management employees, including cost of living adjustments (COLA's). This merit increase does not include the 2.8 percent COLA the Council recently granted to management/non-union general service employees, effective October 1, 2005. The employment agreement entitles the Administrator to the same COLA as is provided to other management employees, Adjusted for the COLA, my salary will reflect a total increase of 6.8 percent over that paid for 2004-05. Agenda Item Review: City Administrato Finance 44 Honorable Mayor and City Council November 28, 2005 Page 2 . . FINANCIAL IMPACT: The attached agreement increases the City Administrator's base compensation from $112,560 to $117 ,060 annually. Adjusted for the 2,8 percent COLA granted to all Management employees, effective October 1, 2005, the Administrator's base compensation will increase to $120,348. Total salary and benefits will increase from $158,538 to $168,641. The total cost of this increase in 2005-06 is $7,208 and will be supported primarily by the General Fund. Funding needed to support this increase is available in the City Administrator's budget. 45 r ADDENDUM TO EMPLOYMENT AGREEMENT WITH JOHN C. BROWN, CITY ADMINISTRATOR THIS ADDENDUM TO AGREEMENT is entered into this 28th day of November 2005 between the City of Wood bum, ("City"), an Oregon municipal corporation, and John C. Brown, ("City Administrator"). WITNESSETH WHEREAS, City and City Administrator executed an Employment Agreement on September 27, 2004; and WHEREAS, that Employment Agreement has been amended to reflect adjustments in the City Administrator's compensation as a result of annual performance evaluations; and WHEREAS, the City Council conducted an evaluation of City Administrator on November 14, 2005 and concluded the City Administrator is deserving of a merit-based increase; and WHEREAS, the City Council wishes to amend City Administrator's employment Agreement to provide a compensation adjustment based upon the results of City Administrator's evaluation. NOW, THEREFORE, in consideration of the terms, conditions and covenants contained herein, the parties agree as follows: The Employment Agreement is amended to add a new section 6 which shall read: 6. Salary. During the Services Period, City agrees to pay employee for services rendered a base annual salary of One Hundred Seventeen Thousand Sixty Dollars ($117,060), payable in installments at the same time as the regular employees of City are paid. Annually, after a satisfactory evaluation by the City Council, an increase in salary will be negotiated. In Witness Whereof, the parties hereto have executed this Agreement on the date written above. City of Woodburn City Administrator Kathryn Figley, Mayor John C. Brown Attest: Mary Tennant, City Recorder 46 ,-, ~..1.-~ .a;:;,-.:irrrrrr t::?ii . 'i.."s" W~N I tI ( oJ r p {) r I' t , tlJ 8 8 9 13A A~'~ . . November 28, 2005 TO: Honorable Mayor and City Council through City Administrator FROM: Naomi Zwerdling, Interim Community Development Director f'{.t. SUBJECT: Community Development Director's Approval of Design Review 05-07 RECOMMENDATION: No action is recommended. This item is placed before the City Council for information purposes in compliance with the Woodburn Development Ordinance. The City Council may call up this item for review if it desires. BACKGROUND: On November 18, 2005, the Community Development Director approved administrative (Type II) Design Review 05-07 to convert a 642 square foot office tenant space to a coffee shop in the existing multi-tenant commercial building located at 790 Lawson Avenue in the Commercial General (CG) zone. The subject site is located on the northeast corner of the intersection of Lawson Avenue and stacey Allison Way. It can be identified specifically on Marion County Assessor Map T5S, R2W, Section 12C, Tax Lot 602. The property is currently developed with landscaping, off street parking, loading facilities, and a 3,939 square foot commercial multi-tenant commercial building incorporating a 2,097 square foot Subway restaurant, a 1,200 square foot payday loan service (The Cash Store) and a vacant 642 square foot office suite. The subject property is zoned Commercial General (CG) and designated Commercial on the Woodburn Comprehensive Plan Map. The properties to the east (across Lawson Street), north and west are zoned CG and designated Commercial on the Woodburn Comprehensive Plan Map. The commercial property to the east is in use as a Super 8 Motel. The commercial property to the north is in use as an Exxon gas station and carwash. The commercial property to the east (across Lawson Street) is developed with a Burger King restaurant. The property to the south of the westerly portion of the site (across Stacey Allison Way) is zoned Medium Density Residential (RM), designated Residential Greater Than 12 Units Per Acre on the Woodburn Comprehensive Plan Map and is the location of the Barclay Square Apartments. The property to the south of the Agenda Item Review: City Administrate City Attorney _ 47 Honorable Mayor and City Council November 28, 2005 Page 2 . . eastern portion of the site is zoned Commercial Office (CO), designated Commercial on the Woodburn Comprehensive Plan Map, and is the location of the Silver Creek Nursing Home and medical offices. The Applicant is David Cantwell. The Property Owner is J. Bruce Forbes. DISCUSSION: None. FINANCIAL IMPACT: There is no financial impact associated with the recommended action. 48 ~ ,-, ^ ~~j.;y~ ,A<;;'eil!,'!'"~;m..~.,.. rJ"d;" W~N I" (" .; r p " r 11 r t rJ, [; 8 9 13B A~'~ . . November 28, 2005 TO: Honorable Mayor and City Council through City Administrator FROM: Naomi Zwerdling, Interim Community Development Director N$. SUBJECT: Planning Commission's Approval of Conditional Use 05-02 and Property Line Adjustment 05-09 RECOMMENDATION: No action is recommended. This item is placed before the City Council for information purposes in compliance with the Woodburn Development Ordinance. The City Council may call up this item for review if it desires. BACKGROUND: On November 10, 2005, the Planning Commission adopted a final order approving Conditional Use 05-02 and Property Line Adjustment 05-09 to construct a wrought iron fence surrounding the existing motor vehicle dealership located at 200 North Pacific Highway. The subject site is identified on Marion County Assessor Maps as Township 5 South, Range 1 West, Section 17BC, Tax Lot #s 7600 and 7601. The property is flat, has no wetlands and is not located in the 500 year floodplain. The subject property is zoned Commercial General (CG) and designated as Commercial on the Woodburn Comprehensive Plan Map. Structures and uses on the site include an existing motor vehicle dealership. The properties to the north, south (across Silverton Road), east (across Birdseye Avenue), and west (across N. Pacific Hwy) are also zoned Commercial General and designated Commercial on the Woodburn Comprehensive Plan Map. The adjacent use to the north is a video and sign manufacturing business and to the south (across Silverton Road) is a building supply store. The property to the west (across N. Pacific Hwy) is an empty field. The property to the east is a storage overload area for a building supply store. The Applicant is Antonio Perfecto of Pacific Auto Sales, and the Property Owner is Don Equal!. Agenda Item Review: City Administrato City Attorney _ Finane 49 Honorable Mayor and City Council November 28, 2005 Page 2 . . DISCUSSION: None. FINANCIAL IMP ACT: There is no financial impact associated with the recommended action. 50