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Agenda - 02/27/2006 CITY OF WOODBURN CITY COUNCIL AGENDA FEBRUARY 27, 2006 - 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 Annou ncements: A. The filing period for Mayor and Council positions begins Thursday, March 2, 2006 and concludes on Tuesday, August 29, 2006 at 5:00 p.m. Positions to be voted upon at the November 7, 2006 general election are as follows: Mayor - at-large position (2-year term); Councilor - Ward 111- Precinct 835 (4-year term) Councilor - Ward IV - Precinct 845 (4-year term) Councilor - Ward V - Precinct 855 (4-year term) Appointments: B. Committee/Board Appointments 1 4. PROCLAMATIONS/PRESENTATIONS Proclamations: A. Girl Scout Week - March 10-16, 2006 2 B. Woodburn's Tulip Festival - March 25 through April 30, 2006 3 C. AI's Garden Center Day - March 20, 2006 4 Presentations: D. 2005 Crime Report - Police Chief Scott Russell uHabra i>>terpretes oisponibles para aquellas personas que no bablan Inglesl previo acuerOo. Comuniquese al (503) 980-2.485:. February 27, 2006 Council Agenda Page i 5. COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn Downtown Association 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 February 13, 2006 Recommended Action: Approve the minutes. 5 B. Planning Commission minutes of January 12, 2006 Recommended Action: Accept the minutes. 13 C. Woodburn Memorial Aquatic Center Revenue Comparison Recommended Action: Receive the report. 20 D. Recreation Services Division Attendance Report Recommended Action: Receive the report. 21 9. TABLED BUSINESS None. 10. PUBLIC HEARINGS A. Ambulance Rates 24 Recommended Action: Conduct public hearing, receive public comment, and direct staff to prepare a resolution to substantiate its decision. February 27, 2006 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 2614 - Ordinance adopting a supplemental budget 29 for fiscal year 2005-2006 and declaring an emergency. Recommended Action: Adopt the ordinance. B. 2006 OLCC Renewal 37 Recommended Action: Recommend to the Oregon Liquor Control Commission renewal of liquor licenses for the listed businesses for the year 2006. 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. None. 14. CITY ADMINISTRATOR'S REPORT 15. MAYOR AND COUNCIL REPORTS 16. ADJOURNMENT February 27, 2006 Council Agenda Page iii ~!k-:fi\ ~.'~ '~."". . m;. WQ.QDBURN fnc"rpcrat.:J 1881/ 3B ~~ . . February 24, 2006 FROM: City Council ~ Kathy Figley, Mayar/)"J- Committee/Board Appointments TO: SUBJECT: The following appointments are made, subject to the approval of the Council. Please forward any adverse comments to me prior to the Council meeting on Monday, February 27,2006. No reply is required if you approve of my decision. BUDGET COMMITIEE Position VI - John Reinhardt - term ends 12/31/08 LIBRARY BOARD Position 111- Nancy Kirksey - term ends 12/31/09 1 4A PROCLAMATION GIRL scour WEEK MARCH 10-16, 2006 WHEREAS, Sunday, March 12, 2006, marks the 94th Anniversary of Girl Scouts of the USA, founded by Juliette Gordon Low in 1912 in Savannah, Georgia; and WHEREAS, throughout its long and distinguished history, Girl Scouts - the pre-eminent organization for girls - has inspired millions of girls with the highest ideals of character, conduct, and patriotism; and WHEREAS, Girl Scouting will lead businesses and communities to teach girls the skills needed to take active roles in math, science, and technology careers and to fulfill our country's economic needs; and WHEREAS, through Girl Scouting, every girl, everywhere grows strong, gains self-confidence and skills for success, and learns her duty to the world around her; and WHEREAS, some 50 million women have enjoyed the benefits of the Girl Scouts program, as an American tradition, for 94 years; NOW, THEREFORE, I, KATHRYN FIGLEY, Mayor of the City of Woodburn, do hereby proclaim the week of March 10-16, 2006 to be GIRL SCOUT WEEK IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of dburn to be affixed this 27th day of February 2006. 2 \l Wfj . \","iJ ' " (f"l~) ot> ""'" ~, ~' ~ " .) J \ 1\1 .~.. ' ~,' ,\ t,,'" h- , ~ ~:.. ..:: )-. ~)<~.~ 0>> ~l' {l t~ ."~ :1 VI ."", ,. l ~ \;~ .". i"-, " .. . ..t!,A" ,. . ,,' .~ "<I '. ..... \'f' ,.~ lJV ~\~\~ 1 "'0' )' '- 4B PROCLAMATION WOODBURN'S TULIP FESTIVAL March 25 thru April 30, 2006 WHEREAS, the Woodburn Tulip Festival welcomes the world to view the vast acres of brilliantly colored tulips, and WHEREAS, the Woodburn Tulip Festival spotlights a unique, growing horticultural industry that was enjoyed last year by more than 120,000 visitors, and WHEREAS, the Woodburn Tulip Festival instills a spirit of unification and cooperation among the diverse groups of the people of the community, and WHEREAS, the Woodburn Tulip Festival provides fun filled activities for young and old, to "tip-toe" through the tulips and enjoy the majestic view of Mt. Hood and the quality of life we Oregonians cherish. THEREFORE, I, Kathryn Figley, Mayor of the City of Woodburn, proclaim March 25 thru April 30, 2006, the official Woodburn Tulip Festival Month I hereby ask my fellow Oregonians to join me in encouraging participation and support of this beautiful event that promotes Woodburn throughout the country. IN WITN 5S WHEREOF, I hereunto set my hand and caused of the City of oodburn to be affixed this 27th day of February, 2006. 3 4C PROCLAMATION AL'S GARDEN CENTER DAY March 20, 2006 WHEREAS, AI's Garden Center began in 1948, when AI Bigej began to sell produce and nursery stock at a fruit stand on Highway 99E; and WHEREAS, the Bigej family business has not only survived but thrived and grown through over 50 years and three generations of Bigej family members, becoming a landmark and even a tourist destination; and WHEREAS, the management and employees of AI's Garden Center have been generous in sharing their time, talents and wonderful plants, not only with their paying customers, but with community groups and beautification efforts in the City of Woodburn and nearby communities; and WHERMS, Ai's Garden Center has recently received national recognition as Garden Center of the Year for 2005 from the Garden Centers of America organization, becoming the first West Coast garden center to earn this honor as the top garden center in North America from a field of hundred of contenders; NOW, THEREFORE, I, KATHRYN FIGLEY, Mayor of the City of Woodburn, declare Monday, March 20, 2006, to be AI's Garden Center Day. On behalf of our community, I thank Ai's for its contributions to the nursery industry, to the quality of life in our community, and to making the world a more beautiful place. IN WITNESS. EREOF, I have hereunto set my hand and caused the seal the City of Woo burn to be affixed this 27th day of February 2006. - ~- .------ , . \~ ~ 1.\ ~~~f>> · ,.... It.. ~. J,' .r "V~ ~\ '; ~." i< ~l .. ..j., ttl .' 'I '. .. ., ......~" . #. .. '..' J~ .... ~. '., t" .'j t~ .", :.'~ '\.. ,1 ~~ .'1" ,....., .,. · ~ '~.l' V I. '.., II .,0' S>~ ,. , ~ ....... \f'j/', "II t I. u,~~\i:. , 4 SA COUNCIL MEETING MINUTES FEBRUARY 13, 2006 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, ST ATE OF OREGON, FEBRUARY 13,2006. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0010 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, City Attorney Shields, Public Works Director Tiwari, Interim Community Development Director Zwerdling, Finance Director Gillespie, Police Captain Blevins, Public Works Manager Rohman, City Recorder Tennant 0045 ANNOUNCEMENTS. A) Holiday Closures: City Hall and the Library will be closed on Monday, February 20, 2006, in observance of the President's Day holiday. B) Public Hearing to consider ambulance rates will be held before the City Council on Monday, February 27, 2006, at 7:00 p.m.. Mayor Figley also announced that there are two vacancies on the City's Budget Committee and she encouraged citizens interested in serving on this Committee to contact the City Administrator's office for an application. 0105 CHAMBER OF COMMERCE REPORT. Nick Harville, Chamber Executive Director, informed the Council of upcoming Chamber events: 1) Business Summit will be held on Tuesday, February 14th, with 63 large businesses and manufacturers from our area registered to attend. In the afternoon, a Business Fair will be held for high school juniors and seniors from five local school districts. He stated that company representatives from John Deere Agricultural Equipment and Catepillar Tractor will be attendance to explain their technical training program which is being offered at local community colleges. 2) On Wednesday, February 15th, the Chamber Forum luncheon will be held at 12:00 noon with the guest speaker being an individual who will describe his experience while in Iraq. Page 1 - Council Meeting Minutes, February 13, 2006 5 COUNCIL MEETING MINUTES FEBRUARY 13, 2006 TAPE READING 3) On Wednesday, February 15th, Rochelle DeVeroe will be conducting a communication seminar at the Chamber office. 4) On Thursday, February l61h, a website development seminar will be held at West Coast Banle He also stated that they had met with Oregon Dept. of Transportation (ODOT) last week on the Greater Woodburn Planned Special Events Transportation Management Plan. The purpose of the plan is to provide tourists with ingress and egress routes to events such as the Tulip Festival, Oktoberfest, and the Drag Strip so that the 1-5 interchange will not be clogged with an influx of traffic. He stated that every ODOT map given to the Chamber to date includes Woodburn as an ingress/egress point. All Chambers will be provided with a map which will be used in publications and on websites. 0266 WOODBURN SCHOOL DISTRICT. WaU Blomberg, School Superintendent, stated that Woodburn was chosen as one of 7 high schools in the State to receive Oregon ECNC Scholarships for sophomores. There will be 10 sophomores selected each year for $6,000 scholarships and they will receive support through their senior year to insure that they will be successful in college. He stated that Nellie Muir elementary school was also recognized by the State Superintendent of Schools for all of the students showing improvement from 3rd to 5th grade. Nellie Muir was judged against all other schools in the State to see how the students are progressing and the results were that our students had progressed better than most schools in the State. In regards to the Business Summit, Woodburn High School will be participating since the school district feels that there needs to be a bridge between education and the business community. Lastly, the School Board will be meeting on February 16th to name the new high schools. 0420 Mark Wolf, 654 Tukwila, encouraged the Council to examine the current parking provisions within the City's code in the hope of being able to attract some new merchants into the City. For example, there had been an opportunity to bring a movie theater into Woodburn at North Park Plaza but, under the Code, there was insufficient parking spaces within the retail center for this type of business. He suggested that the City consider minimums and maximums and peak and off-peak parking requirements within the code. He also suggested that the City's system development fees be reviewed since they seem to be one of the higher amounts required within the State. Mayor Figley stated that when the development code was being considered a couple of years ago, the Council consciously did not want to require all of the parking spaces needed for the busiest day of the year and, if this is something the Council would like to discuss, then it will be added to the list. Page 2 - Council Meeting Minutes, February 13, 2006 6 COUNCIL MEETING MINUTES FEBRUARY 13, 2006 TAPE READING 0800 CONSENT AGENDA. A) approve the Council minutes of January 23,2006; B) accept the report on the Woodburn Memorial Aquatic Center Revenue Comparison; C) accept the Planning Project Tracking Sheet dated February 1,2006; D) accept the Building Activity report for January 2006; E) accept the Claims for January 2006; F) accept the 2005 Police Department Statistics report; and G) accept the report on Highway 214 Sidewalk - Phase 3. Councilor McCallum stated that the report by the Police Department was excellent and he requested that the Police Department provide a presentation on the crime statistics at the next regular Council meeting. MCCALLUM/NICHOLS... adopt the consent agenda as presented. Councilor Bjelland also stated that ODOT has allocated a substantial amount of funds to complete the sidewalk project which will result in a continuous stretch of sidewalk on both sides of Highway 214 from the high school to Progress Way. The motion passed unanimously. 0975 PUBLIC HEARING: 2005-06 SUPPLEMENTAL BUDGET. Mayor Figley declared the public hearing open at 7:18 p.m.. Finance Director Gillespie stated that proposed revisions have been heard by the Budget Committee and are outlined in the staff report. The proposed revisions will (1) bring the actual beginning fund balance into the budget document, (2) revenues will be adjusted based on most current information, and (3) provide for budget adjustments that will occur before the end of the fiscal year. For all funds, the supplemental budget will add $3 million in beginning fund balance, add $570,000 in revenue, increase appropriations by $300,000, and increase contingencies by $3 million and reserves by $187,000. Within the General Fund, the beginning fund balance will increase by $80,000, revenue will increase by $442,000, expenditures will increase by $182,000, contingencies will increase by $154,000, and the reserve for the Community Center will be established at $187,000. Councilor McCallum questioned the decrease in the City Gas Tax estimate since the State Gas tax has an increase over the projected amount. Director Gillespie sated that local taxes are down with the closure of the Exxon station but it is anticipated that the amount will increase in the future since the station has re- opened under new ownership. The City gas tax is collected and audited by the State which has worked well for the City. In regards to the Teen Scene program, funding is available through June 30, 2006. No one in the audience spoke either for or against the proposed supplemental budget The Mayor closed the public hearing at 7:25 p.m... BJELLAND/MCCALLUM... direct staff to return with an ordinance reflecting the Council's decision to adopt the supplemental budget. The motion passed unanimously. Page 3 - Council Meeting Minutes, February 13,2006 7 COUNCIL MEETING MINUTES FEBRUARY 13, 2006 TAPE READING 1410 COUNCIL BILL NO. 2609 - ORDINANCE ENTERING INTO AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT FOR THE REGIONAL AUTOMATED INFORMATION NETWORK. Councilor Sifuentez introduced Council Bill 2609. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2609 duly passed with the emergency clause. 1503 COUNCIL BILL NO. 2610 - ORDINANCE APPROVING ZONING ADJUSTMENT CASE FILE NO. 05-02 AFFECTING PROPERTY LOCATED AT 120 SMITH DRIVE AND ATTACHING CERTAIN CONDITIONS. Council Bill 2610 was introduced by Councilor Sifuentez. The two readings of the bill were read by title only since there were no objections by the Council. Councilor Cox stated that the net affect of this ordinance is that the approval by the Community Development Director will be upheld with the conditions. In this particular case, the applicant had appealed the conditions but the ordinance would not remove any of the conditions. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2610 duly passed with the emergency clause. 1658 COUNCIL BILL NO. 2611 - ORDINANCE ISSUING FORMAL INTERPRET ATION 05-01 REGARDING ORDINANCE 2227. Council Bill 2611 was introduced by Councilor Sifuentez. Councilor McCallum stated for the record that he has a conflict of interest on this issue which he disclosed at the last meeting. His wife works for the firm representing the applicant, therefore, he will not participate in the discussion or voting. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously (5-0 with Councilor McCallum not voting on this bill). Mayor Figley declared Council Bill 2611 duly passed with the emergency clause. 1785 COUNCIL BILL NO. 2612 - ORDINANCE MAKING APPROPRIATIONS FOR A COMMUNITY DEVELOPMENT BLOCK GRANT RECEIVED DURING FISCAL YEAR 2005-06. Councilor Sifuentez introduced Council Bill 2612. The two readings of the bill were 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 2612 duly passed with the emergency clause. Page 4 - Council Meeting Minutes, February 13,2006 8 COUNCIL MEETING MINUTES FEBRUARY 13, 2006 TAPE READING 1865 COUNCIL BILL NO. 2613 - RESOLUTION RATIFYING THE COMPILATION AND INDEXING OF THE LEGISLATIVE RECORD FOR LEGISLATIVE AMENDMENT 05-01 REGARDING THE COMPLETION OF PERIODIC REVIEW WORK TASKS. Council Bill 2613 was introduced by Councilor Sifuentez. The bill was read by title only since there were no objections from the Council. Brief discussion was held regarding the size of the record which will be forwarded to Marion County which is the next step of the Periodic Review process. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2613 duly passed. 2057 TRAINING AGREEMENT WITH PORTLAND POLICE BUREAU. Councilor McCallum stated that this training agreement will save the City's taxpayers some money and it will give our police officers training opportunities. Police Captain Blevins stated that the Portland Police Bureau has many resources the City can tap into and it will save the City approximately $15,000 per year on training programs relating to pursuit intervention techniques and high speed pursuit. COX/MCCALLUM... authorize the Police Department through its designated officers to sign the intergovernmental agreement concerning police driving range use and training services. On roll call vote, the motion passed unanimously. 2216 MULTIPLE BID AWARD FOR POLICE FACILITY INTEGRATED BUILDING SECURITY SYSTEM AND LOW POWER DATA CABLING SERVICES. Bids for the building security system were submitted by the following vendors: Entrance Controls, Inc., $97,860.00, and ESP Technologies, $127,365.00. BJELLAND/NICHOLS... award the contract for a design build of the Police Facility integrated building security system to Entrance Controls, Inc., in the amount of $97,860.00. The motion passed unanimously. The sole bidder for the Low Power Data Cabling services was submitted by ESP Technologies in the amount of $50,634.00. NICHOLSIMCCALLUM... award the contract for the Public AddresslPaging and Low Power Data Cabling services to ESP Technologies for $50,634.00. The motion passed unanimously. 2300 LETTER FROM SALEM MAYOR TAYLOR. Mayor Figley stated that she had received a letter from Mayor Taylor requesting a letter of support from Woodburn for an application under the 'Connect Oregon' program to upgrade the City of Salem airport to encourage commercial service. Mayor Figley stated that she would like to obtain more information from Mayor Taylor before any letter is written since she is unsure if the commercial service upgrade can be accomplished as Page 5 - Council Meeting Minutes, February 13, 2006 9 COUNCIL MEETING MINUTES FEBRUARY 13, 2006 TAPE READING proposed. She stated that she would be very willing to write a letter of support if Salem was applying for enhancements that would increase their freight capacity. She requested Council comments on this issue. Councilor McCallum agreed with the Mayor that more information should be obtained before a decision is made to submit a letter of support. Councilor Cox questioned if granting funds for this project would take away funds that the City might be requesting funding for. He was also skeptical of Salem's trying to establish passenger service at their airport. Councilor Bjelland stated that 'Connect Oregon' is a dedicated fund that is the Governor's direction for transportation dollars in the last legislative session and $100 million was funded for non-highway other modes of transportation. In the past, funding has been for highway related projects but it was decided in the last session to focus on other modes of transportation such as shipping, rail, and airway. He stated that he knew of very few projects in MWAC's area that are applying for 'Connect Oregon' funds. Councilor Nichols stated that he had read a newspaper article on this proposal which would extend the airport runways to accommodate private aircraft. It was the consensus of the Council for the Mayor to make necessary contacts and to make a decision as to whether or not to support the application once she has obtained additional information on the proposal. 2905 CITY ADMINISTRATOR'S REPORT. Administrator Brown thanked members of the City Planning and Public Works staff who worked on pulling the Periodic Review record together which entailed many personnel hours over the last several months. Mayor Figley also expressed her appreciation to staff for their work on this project. 2990 MAYOR AND COUNCIL REPORTS. Councilor Nichols questioned when the City will be making the promised improvements to Country Club Road between Astor Way and Boones Ferry Road now that Boones Ferry Road has been completed. Public Works Director Tiwari stated that the improvement would need to be an assessment project and improvements should be done by next summer. Councilor McCallum thanked the Mayor for attending the Relay for Life kickoff event. Additionally, the Mayor will attending the Mayor's Prayer Breakfast on Friday, March 10,2006,6:30 - 8:00 am, with the guest speaker being the chaplain from the Portland Trailblazers. 3388 Councilor Bjelland stated that he has been re-elected as Chair for MW AC for the next year. He also stated that there has been a rash of tagging and graffiti in Woodburn and his neighborhood has been hit hard by this vandalism. Under the City's ordinance, property owners are to remove the graffiti within a short period of time otherwise they are fined by Page 6 - Council Meeting Minutes, February 13, 2006 10 COUNCIL MEETING MINUTES FEBRUARY 13, 2006 TAPE READING the City. Several citizens have expressed an interest in imposing some financial penalties to the perpetrators and/or their parents whether it be a fine or community service. He requested staff to explore the issue and come back to the Council with either a recommendation or further discussion on vandalism to private property. This is a serious issue since some property owners are considering moving out of our City because of the problems they have been experiencing in their neighborhood. Administrator Brown stated that the Police Department has been making arrests and they do consider this as a serious issue. He will work with the Police Department to look at ordinances from other cities to see what can be done. Councilor McCallum suggested that stores consider putting spray paint behind the counter rather than having all of the paint out on the shelves. He also felt that parents should be held accountable for the actions of their children. Councilor Bjelland agreed that the Police Department is making a more concerted effort to catch the vandals but even when they are caught, they are released almost immediately and, if it is under $250 in damage, it is a misdemeanor and that type of charge is treated as if nothing ever happened unless an individual is a repeat offender. However, the public wants to see that if a person does get caught, the individual is given a penalty for the damage created. Councilor Bjelland stated that he has also received complaints from constituents regarding incidents of animals being slaughtered in backyards and turkeys / chickens being housed or roaming in yards. Administrator Brown stated that the City does have up-to-date ordinances to deal with these types of issues and residents are asked to call the Police Department so that Code Enforcement officers can respond. Captain Blevins stated that tagging is classed as Criminal Mischief and individuals under the age of 18 are juveniles, therefore, they are cited into Marion County Juvenile. This type of offense is low in the order of rank and an individual would need to be charged with the crime 4 or 5 times before it will get any real attention from the County prosecutors. Discussion was held regarding this problem and possible solutions to drastically reduce the problem. Councilor Sifuentez stated that she was excited to hear from Mr. Wolf that he had been approached by business owners of possibility bringing a movie theater into Woodburn. She agreed that it may be time for the City to revisit the parking code since young people do not ask for much and a movie theater would be an asset to our community. Mayor Figley stated that now that the Periodic Review documents have been compiled, staff may now have a little more time to pursue other issues including the list of items on the zoning code. Page 7 - Council Meeting Minutes, February 13,2006 11 COUNCIL MEETING MINUTES FEBRUARY 13,2006 TAPE READING 5042 Councilor Cox questioned the timeline in completing the new Police Facility. Captain Blevins stated that construction is about a month behind and the projected move- in date will be in October 2006. Exterior walls are now being erected and it is beginning to look like a structure. 5160 Mayor Figley thanked the present and former employees of Roth's Family Market for 38 years of service in our community. She stated that she will be writing a letter to Roth's thanking them for what their organization has done for our City. The Mayor stated that she had received a letter from City staff members who like their boss and she shared excerpts from the letter highlighting the work performed by Interim Community Development Director Zwerdling. She expressed her appreciation to Ms. Zwerdling for the work she has done especially in light that she took over as interim director under a difficult set of circumstances. Mayor Figley also stated that she had received a letter from John Hoffman, General Manager of Data Vision Communication, thanking Randy Scott for reminding developers of the need to contact Data Vision before they begin work on projects. Mayor Figley stated that she has been informed by City Attorney Shields that it is not necessary to hold an executive session. 5485 ADJOURNMENT. MCCALLUM/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:19 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, February 13, 2006 12 8B WOODBURN PLANNING COMMISSION MEETING MINUTES January 12, 2006 CONVENED The Planning Commission met in a regular session at 7:00 p.m. in City Hall Council Chambers with Chairperson Lima presiding. Chairperson Lima questioned members of the Planning Commission having potential conflicts such as family, financial, or business relationship with any of the applicants or with regard to the project in question. If such a potential conflict exists, he asked whether the commission in question believes he or she is without actual bias or whether he or she would like to step down from the Planning Commission during the case. Chairperson Lima announced: agenda is available at the back of the room. We will consider cases one at a time according to the order listed in the agenda. We will follow the hearing procedure outlined on the public hearings procedures board. All persons wishing to speak are requested to come to the podium and give your name and address. Any individuals speaking from other than the podium will not be recognized. ROLL CALL Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Lima Bandelow GrosJacques Vancil Grigorieff Hutchison Jennings P A P P P P P Staff Present: Naomi Zwerdling - Interim Community Development Director Breah Pike-Salas - Associate Planner Marta Carrillo - Administrative Assistant MINUTES A. Woodburn Plannina Commission Meetiml Minutes of December 8. 2005 Commissioner GrosJacaues moved to accept the minutes as written. Commissioner Griaorieff seconded the motion, which unanimously carried. BUSINESS FROM THE AUDIENCE None. COMMUNICATIONS Woodburn City Council Meeting Minutes of November 28, 2005. PUBLIC HEARINGS A. Design Review 05-12 and Variance 05-19, Request for the modification of Condition of Approval #4 of Design Review Case File No. 02-15 and variance approval to reduce the Planning Commission Meeting January 12, 2006 13 Page 1 of 7 required minimum driveway width from 26 feet to 15 feet located at 515 S. Settlemier Avenue, City of Woodburn, applicant. Chairperson lima asked if there were any conflicts of interest or exparte contacts. Interim Community Development Director ZwerdlinQ read the applicable ORS statement. STAFF REPORT Associate Planner Pike-Salas presented the following on a Powerpoint Presentation. Associate Planner Pike-Salas stated the following information. The applicant and property owner is the City of Woodburn. The applicant is requesting modification of a condition and variance approval to modify condition of approval #4 of Design Review Case File No. 02-15 to reduce the required minimum drive width from 26 feet to 15 feet. Subject property is located at 515 S. Settlemier Avenue in a Single Residential (RS) zone. On April 10, 2003 the Woodburn Planning Commission adopted a final order approving a 400 sq. ft. well house for municipal water supply on the subject property and a variance to the street standards on Settlemier Avenue. Condition of approval #4 of the final order stated all existing and proposed driveways shall be paved and constructed to meet the requirements in sections 3.104 of the WOO. The driveway width shall be widened to a minimum of 26 feet and maximum of 36 feet. Section 4.102.08 of the WOO states any request to modify a condition of approval is to be considered pursuant to procedure and the standards and criteria applicable to a new application of the type of permit or zone change that is proposed to be amended. Except the modification of the condition limiting the use of property may only be considered as a Type IV Zone Map change application. The applicant submitted a design review application and a variance application to modify condition of approval #4 from the previous approval of Design Review Case No. 02-15 as is required by the above listed section of the WOO to reduce the required minimum driveway width from 26 feet to 15 feet. . Sufficient justification is provided to approve the modification of condition of approval #4 of Design Review 02-12 and Variance 05-19. Based upon minimal traffic generation the consulting engineer that designed the well house used the Astor Way Well House also located on a Single Family Residential (RS) zone and designed it with a 15 foot driveway with no difficulty or problem noted. The size of the property and location of the wetland storm drainage area on the majority of the subject property are conditions that were not created by the applicant. Based upon the information in this staff report, the information provided by the applicant and the applicable review criteria, findings necessary to approve this proposal can be made, therefore staff recommends approval of Design Review 05-12 and Variance 05-19. This concluded the presentation and staff was available for questions. Chairperson Lima invited questions to the staff. Chairperson Lima invited the applicant for testimony. Planning Commission Meeting January 12, 2006 Page 2 of 7 14 Randv Rohman, City of Woodburn applicant, Public Works Department, 190 Garfield Street, Woodburn, OR 97071. Rohman stated that Pike-Salas covered the information as well as he would have and was open for questions. Chairperson Lima asked why it had not been proposed in the first application. Randv Rohman stated that at the time he was involved with several projects and this projects was overseen. There should have been a variance with the original application. Chairperson Lima asked if there were any other questions to the applicant. Chairperson Lima invited audience proponents of the application. None approached the podium. Chairperson Lima invited audience opponents of the application. None approached the podium. Chairperson Lima closed the hearing for this item and opened discussion from the Commission. Chairperson Lima commented that the application was straight forward with no issues. Commissioner Vancil motioned to accept the staff report for Design Review 05-12 and Variance 05-19. The motion was seconded by Commissioner Grioorieff. Chairperson Lima called for Roll Call of the decision. Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Lima Bandelow GrosJacques Vancil Grigorieff Hutchison Jennings y A Y Y Y Y Y Motion passed. Interim Community Development Director Zwerdlino commented that a Final Order for Design Review 05-12, Variance 05-19 was available for motion to accept by the Planning Commission. Commissioner GrosJacques moved to accept the Final Order. Commissioner Griqorieff seconded the motion, which unanimously carried. B. Partition 05-07, Variance 05-20 request to partition a 9.4-acre parcel into two parcels and variance to the street standards located at 2701 N. Front Street. ZTec Engineerings, Inc., applicant. Chairperson Lima asked if there were any exparte contacts or conflicts. Planning Commission Meeting January 12, 2006 15 Page 3 of 7 Interim Community Development Director Zwerdlinq read the applicable ORS statement. STAFF REPORT Associate Planner Pike-Salas stated the following information. The applicant is ZTec Engineering, Inc. and the property owner is Woodburn Watumull LLC. The subject site is located at 2701 N. Front Street and is zoned IL. The applicant is requesting preliminary approval to partition a 9.4-acre property into two parcels and variance approval to the street standards on North Front Street. No new development is proposed at this time. The applicant's partition request met all of the applicable standards of the WOO as discussed in the report. Staff is recommending approval of the variance to the required street improvement standards on North Front Street. North Front Street is classified as a minor arterial in the Woodburn Transportation System Plan. The applicant's partition request is not proportional to constructing the street improvements because no new development is proposed as a part of this application. No additional traffic will be generated. In the future, when development is proposed, the street improvement will be required to be improved. Based upon the information provided by the applicant in the applicable review criteria, findings to approval Partition 05-07, Variance 05-20 can be made. Staff is recommending approval of Partition 05-07 and Variance 05-20 subject to the conditions of approval listed in this staff report. This concluded the staff report and staff was available for any questions. Chairperson Lima asked if there were questions of staff, which there were none. Chairperson Lima invited the applicant for comments. Applicant was not present. Associate Planner Pike-Salas commented that the potential future buyer was present, Mr. Ron Robertson. Ron Robertson, owner of Grading Pacific Incorporated that he has been a tenant of the building on the north side of the property for stated the past five years. That building was constructed for Grading Pacific Inc. to the specifications by the Watmull family who owns the entire site. One of the conditions of entering into the agreement five years ago was that Grading Pacific Inc. would be able to purchase the building after five years of leasing and that time has expired and the partition requested to fulfill obligations of that contract. There are no plans for expansion of the operation. The property behind or to the west of the existing building is just excess that hopefully the business will grow and one day have the opportunity to expand on that site. Other than that there is no intention to do something. Chairperson Lima asked for any questions to the applicant. Chairperson Lima invited proponents of the application. Chairperson Lima invited opponents of the application. Chairperson Lima closed the hearing and opened for discussion with the Commission. Commissioner Vancil commented that the application looked straight forward. Planning Commission Meeting January 12, 2006 Page 4 of 7 16 Chairperson Lima said that he read through the staff report and saw no problems. Commissioner Hutchison commented that the only concern he saw was where it was deemed adjacent to the sidewalk into the one point of the street and is down far enough that it is not an issue. If the building was closer, a main concern would be to make sure. It can be addressed for future buildings. Commissioner Vancil stated that he had the same concern. Stating that any future building developments would be addressed. Commissioner Vancil motioned to accept the staff report for Partition 05-07, Variance 05-20. The motion was seconded by Commissioner GrosiacQues. Chairperson Lima asked if there were any further questions. Chairperson Lima called for Roll Call of the decision. Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Lima Bandelow GrosJacques Vancil Grigorieff Hutchison Jennings y A Y Y y y y Motion passed unanimously. Interim Community Development Director Zwerdlinq commented that a Final Order for Partition 05-07, Variance 05-20 was available for motion to accept by the Planning Commission. Commissioner GrosJacQues moved to accept the Final Order. Commissioner GriQorieff seconded the motion, which unanimously carried. ITEMS FOR ACTION None. REPORTS A. Building Activity for December 2005 Chairperson Lima commented that the report looked nice. B. Tracking Sheet Chairperson Lima asked if there were items for the second Planning Commission Meeting. Commissioner JenninQs asked about the Woodburn Town Center Plat. Planning Commission Meeting January 12, 2006 17 Page 5 of 7 Commissioner Vancil informed that the Woodburn Town Center is the Walmart building. Interim Community Development Director commented that one of the parcels is the Woodburn Town Center and an applicant has come in to develop a 42 lot PUD on one of the lots and is a medium density residential zoned lot. It is an application within that particular subdivision. Commissioner Jenninqs commented if it was a Capital Development on the property. Interim Community Develooment Director stated_Capital Development still owns the parcel. Mark Dane, the applicant, from Skyblue Planning is the one making the proposal. Chairperson Lima asked if there were other items to be discussed from the tracking sheet. BUSINESS FROM THE COMMISSION A. Woodburn Planning Commission Addresses and Phone Numbers List Chairperson Lima asked if there were any corrections. Chairperson Lima asked if there were any hearings for the meeting on January 26, 2006. Interim Community Development Director stated that there were no items for that date and stated that the Commission could make a motion to not have a meeting on that date. Commissioner GrosJacaues moved to cancel the meeting for January 26, 2006. Commissioner Griaorieff seconded the motion, which unanimously carried. Commissioner Vancil asked about the training while there are few hearings. At some point in the future a training session to discuss the topics of the Commission could be scheduled. January 26th is not a feasible amount of time to schedule training. Possibly months in the future where there would not be many or no items could work best. Interim Community Development Director stated that it was noted in an earlier meeting. The next meeting would be too early, but can see the schedule and get started-up. Commissioner Jenninas stated that included in training would be the duties and responsibilities of the Commission. Chairperson Lima commented about the presentations done on the projector was superb. It is nice to see that staff is familiar with the region. Commissioner Jenninas commented about having the City Attorney and advising on the legality of the process of the Planning Commission. Interim Community Development Director stated that an attorney could perform the workshop. Planning Commission Meeting January 12, 2006 Page 6 of 7 18 Chairperson Lima commented that having the previous Portland attorney who performed the workshop was very informative and also Denice Won had also attended a workshop, but after time the commission could lose focus of the process. It would be nice to have the attorney in the near future. Commissioner Vancil stated that in previous times project had been turned down, yet correct planning decisions are based on the ordinance. Would like to be advised to which is the correct decision based on that ordinance for that particular project and it's parameters. Commissioner Hutchinson stated that some of the aspects of the New Urban Growth Boundary could be traffic and planning for that growth is important. Commissioner Jenninqs asked the question about the focus group. Interim Community Development Director stated there are a number of items that are done and are critical. There are some items for the focus groups that need to be addressed. Chairperson Lima commented that the City of Bend is discussing the number of resorts and have increased and want to increase the number. There has been an uproar by the residents even though it generates monies. Some have verbalized that it may not be what is wanted. ADJOURNMENT Commissioner JenninQs moved to adjourn the meeting. Commissioner Vancil seconded the motion, which unanimously carried. Meeting adjourned at 7:30 pm. APPROVED I // . / "' ' /-{~~I..L < (C<).. / ,Il ~1 L--- ... CLAUDIO LIMA, CHAIRPERSON 2/<t/o G Date ATTEST ~;:! ~< (J h/LL ~?:{. <--L _-{{' \ Naomi Zwerdling ) Interim Community Development Direot6l- City of Woodburn, Oregon () f.o Planning Commission Meeting January 12, 2006 19 Page 7 of 7 Woodburn Memorial Aquatic Center Revenue Comparison FY '2004-05 v.s. FY '2005-06 Special Events Admissions Memberships Lessons Rentals Resale Concessions TOTAL Attendance $ Difference 0/0 Difference Dollar Avg Special Ewnts Admissions Memberships Lessons Rentals Resale t.J Concessions o July 2004 Jlllv 2005 Aug2004 Aug2005 Sept 2004 Sept 2005 Oct 2004 Oct 2005 Nov 2004 Nov 2005 Dee 2004 nee 2005 SO.OO $0.00 $0.00 $0.00 $0.00 $0.00 SO.OO SO.OO SO.OO $9,454.81 $10,594.50 $6,078.72 $6,507.60 $6,211.30 $4,500.90 $2,393.59 $2,670.08 $5,087.54 $4,604.55 $5,778.45 $4,101.45 $2,063.50 $2,164.00 $1,357.00 $2, 086.50 $1,492.50 $781.50 $355.50 $652.00 $568.85 $1.635.40 $2,874.70 $1631.75 $8,246.58 $6,655.00 $5,114.01 $11,435.75 $3,104.10 $8,333.39 $3,042.23 $1210.50 $5,539.15 $1 838.00 $928.92 $725.75 $475.00 $156.00 $652.50 $504.85 $845.00 $300.00 $1,470.98 $1,006.25 $1387.92 SI,429.62 SI,048'00 $2,280.00 $736.95 $658.75 $489.15 $571.50 $645.80 S202.15 $214.55 S180.33 $315.58 $274.15 $263.10 $245.45 $3.6%.81 $3,709.65 $2,555.33 $4,548.81 SI,81O.30 $1,495.65 $725.80 SI,033.93 $1,387.92 $950.30 $1,117.75 $1,007.69 24,673.65 23,937.90 16,246.71 25,655.01 14,109.00 15,613.59 8,202.65 6,753.09 14,286.% 10,732.02 12,010.92 9,992.09 8,253 6,731 5,838 6,008 4,187 2,826 3,998 2,606 4,421 4,336 4,071 3517 -735.75 9,408.30 1,504.59 -1,449.56 -3,554.94 -2,019 -0.03 0.58 O.ll -0.18 -0.25 -0.17 $2.99 S3.56 S2.78 $4.27 $3.37 S5.52 $2.05 $2.59 13.23 12.48 $2.95 $2.84 Jan 2005 Jan 2006 Feb 2005 Fob 2006 Mar 2005 Mar 2006 April 2005 April 2006 May 2005 l\1av2006 June 2004 June 2006 SO.OO $0.00 $0.00 SO.OO 184J.l4 $4,907.62 $6,1l0.20 $5,014.09 $7,927.65 $7,198.50 $6 028.30 S9,104.55 $20,777.08 $6,395.90 SI 484.00 $974.50 SI,086.20 $983.00 S2,136.25 $3,636.67 $3,816.25 S4,952.96 S4,578.15 $4,394.21 $4,648.90 18,029.12 $2,007.97 S975.OO SI,853.22 $848.00 $1,029.50 S670.00 5700.00 $191.55 S280.75 $527.75 $376.35 $220.35 $278.90 $597.16 $1.281.01 $1,725.% $1,581.65 SI,946.42 SI,518.17 SI,816.07 S3,772.82 32,801.90 4,560 19,304.06 5064 -13,497.84 -0.41 3.81 15,413.67 5,178 0.00 16,651.07 5,644 0.00 15,446.93 5,398 0.00 14,425.17 0.00 25,181.04 0.00 4,038 -14,425.17 -25,181.04 -1.00 -1.00 3.57 #DIVIO! #DIVIO! #DIV/O! TOTAL Attendance $ Difference ~:o Diflerence Dollar Avg 7.19 Year to date by account 2004- 2005 Special events Admissions Memberships Lessons Rentals Resale Concessions Year to datc total 12 month total Budget -15,446.93 -1.00 #DIVIO! -16,651.07 -1.00 2.95 #DIVIO! 2.86 Year To Date Summary otal Revenue 2004-2005 Total Revenue 2005-2006 122,331.79 111,987.76 evenue Budget Estimates 005- 2006 223,000 Ilars to date $111,987.76 v. Collected ear to date 0.50 2.98 -15,413.67 -1.00 #DIV/O! 2005- 2006 DllTerence o 39,089 15,347 34,015 6,652 2,413 14,472 DiITerence Percent Chanl!e -10,344.03 -0.08 Year To Date Attendance (2004 2005 ~005 2006 35,328 31,088 SI22,331.79 SII1,987.76 -$10,344.03 $209,449.67 -$97,461.91 $223,000 -SI11,012 ex>> () 8D Recreation Services Division Attendance Report January-06 Attendance Serv"ce Ho rs Total Recreation Un"s (Attendance ~ I U ServIce Hours) Youth Services After School Club - LINCOLN 1712 48 82176 After School Club - WASHINGTON 1664 48 79872 Teen Scene - LEGION 658 72 47376 Teen Scene - SETTLEMIER 543 72 39096 Other - Indicate 0 Total Youth Services 4577 248520 Yout h SDorts Youth Basketball 594 16 9504 Other - Indicate 0 0 01 Total Youth Sports 594 ./, 9504 Youth Classes Dance Dance Dance 242 18 4356 Other - Indicate 0 0 0 Total Youth Classes 242 4356 Adult Services Active Adult Trip(s) 0 0 0 Indicate 0 0 0 Total Adult Services 0 0 Adu It SDorts Adult Basketball 864 6 5184 Indicate 0 0 0 Total Adult Sports 864 .. 5184 Special Events Teen Dance 0 0 0 Other-Indicate 0 0 0 Total Special Events 0 0 Other Services Athletic Field Rentals 0 0 0 Indicate 0 0 0 Indicate 0 0 0 Total Other Services 0 0 TOTALS: 6277 267564 Attendance Total Recreation Units 21 Recreation Services Division Winter & Spring Revenue Report > Revenues through January 31, 2006 %of WRPD Anticipated Category YTD Revenue Anticipated Budget Revenues for FY05-Qe After School Club $ 31,284.00 90.7% $ 34,500.00 Youth Soorts $ 18,204.00 108.7% $ 16,750.00 Adult Sports $ 13,811.00 40.6% $ 34,000.00 Teen Scene $ - 0.0% $ 100.00 Summer Day Camo $ 27,077 .00 96.4% $ 28,095.00 Contractual Services $ 17,096.00 259.0% $ 6,600.00 S 97,202.00 81.0% $ 120,045.00 I Sponsorships I $ 5,400.00 I $ 10,000.00 I $ * $5400 Committed from Land 0 Frost 10,000.00 I 22 Revenue Summary (From Class Reports) Co Ed Kinder Soccer $ 1,275.00 1 st to 2nd Boys Soccer $ 1,700.00 1stt02nd Girls Soccer $ 900.00 3rd to 4th Boys Soccer $ 1,475.00 3rd to 4th Girls Soccer $ 875.00 5th to 6th Boys Soccer $ 575.00 5th to 6th Girls Soccer $ 375.00 Co Ed Kinder Basketball $ 775.00 1st to 2nd Boys Basketball $ 1,575.00 1st to 2nd Girls Basketball $ 700.00 3rd to 4th Boys Basketball $ 1,700.00 3rd to 4th Girls Basketball $ 975.00 5th to 6th Boys Basketball $ 725.00 5th to 6th Girls Basketball $ 800.00 Tackle Football $ 2,430.00 Flag Football $ 200.00 Fall Marital Arts $ 675.00 Winter Marital Arts $ 474.00 4 & Under T-Ball $ 6 & Under T-Ball $ 8 & Under Baseball $ 10 & Under Baseball $ 12 & Under Baseball $ 14 & Under Baseball $ 17 & Under Baseball $ 10 & Under Girls Softball $ 12 & Under Girls Softball $ 14 & Under Girls Softball $ t $ 18,204.00 , Summer After School Club $ 16,665.00 Fall After School Club $ 7,882.00 Winter After School Club $ 6,737.00 J $ 31,284.00 l Summer Summer Day Camp $ 21,942.00 Summer Summer Day Camp Extended Hours $ 5,135.00 I $ 27,077 .00 ~ Fall Dance Classes $ 6,552.00 Winter Dance Classes $ 10,118.00 Winter Dance Classes Tumbling $ 426.00 ~ $ 17,096.00 I Fall Mens Basketball $ 13,225.00 Fall Mens Basketball Jamboree $ 200.00 Fall Senior Trips $ 296.00 Winter Senior Trips $ 90.00 l $ 13,811.00 l 23 r, " ~..~~., << . . ."rl',w. ..._ ,~~..d:{l WOODB{j;.N lOA ~~ '".;or,o'.teti 1&.'19 . . February 23, 2006 FROM: Mayor and City Council through City Administrator Ben Gillespie. Finance Direc~f)JII Ambulance Rates TO: SUBJECT: RECOMMENDA nON: It is recommended that the City Council conduct a public hearing related to the rate adjustments proposed by Woodburn Ambulance, and direct staff to prepare a resolution substantiating the Council's decision. BACKGROUND: Woodburn Ambulance has requested a rate increase to offset decreases in Medicare reimbursement. A copy of the request is attached. In 2001 Congress established a reimbursement schedule for ambulance service that resulted in a substantial reduction in Medicare reimbursements. The reductions were phased in over time. In 2002 the City and Woodburn Ambulance negotiated a new franchise agreement that adopted rates that anticipated the reimbursement rate reductions. Woodburn Ambulance indicates those rates proved adequate through 2005. However, the most recent adjustment to Medicare ambulance reimbursement rates was a 20% reduction effective January 2006. According to Woodburn Ambulance this threatens its ability to provide the current level of service and continue to operate profitably. The following summarizes the requested adjustments: Current Proposed Change Convalescent $ 175.00 $ 0 Basic Life Support 0 840.00 Advanced Life Support 837.00 937.00 Agenda Item Review: City Administrat~ City Attorney Wi J $ (175.00) 840.00 100.00 f? Finance . }:/11 24 Mayor and City Council Febru<;try 23, 2006 Page 2 . . Current Proposed Change Advanced Life Support II Patient Miles Membership Policy (annual) 16.50 45.00 975.00 18.25 50.00 937.50 1.75 5.00 Dropping the Local Convalescent rate and adding the Basic Life Support and Advanced Life Support II rates are driven by definitions in the Medicare legislation. The difference between the ALS and ALS II is the amount of medication and/or the level of care administered during the transport. DISCUSSION: As required by the franchise agreement, Woodburn Ambulance provides copies of its audited annual financial statements to the City. To determine if the rate increase was justified, staff evaluated the company's operating results. Those statistics indicate the business is a going concern, and expenses do not appear to be overstated. Woodburn Ambulance's rate of return is 5.5%. According to the City's audit firm, the industry standard rate of return is 12 to 15%, confirming that the rate increase may be justified. A comparison to other communities with comparable ambulance services indicates that the proposed rates are in the middle of the range: BLS ALS Woodburn proposed $837.50 $937.00 Molollo Fire 950.00 950.00 Bay Cities Ambulance-Coos Bay 840.00 997.50 Western Lane-Florence 948.00 Cal-Or-Brookings 725.00 850.00 ALSII Miles $975.00 $18.25 19.00 20.00 1,048.00 15.00 16.50 These comparators were chosen because of their similarities to Woodburn Ambulance. Other operations (e.g. Newberg and McMinnville) are geographically closer, but they are a part of the municipal fire departments making it difficult to compare them financially to a private sector provider. These rate increases would result in a 15.6% increase in Woodburn Ambulance's revenue from fees. This is less than the 20% reduction in Medicare 25 Mayor and City Council ~ebruary 23, 2006 Page 3 . . reimbursement, because the reimbursement comprises less than half of Woodburn Ambulance's total revenue. FINANCIAL IMPACT: The proposed adjustments could be expected to increase the cost of the "average" ambulance trip from $1,037 to $1,198. This average is identified for information purposes; actual costs would depend on the level of service required, length of trip and similar factors. The ambulance franchise fee is 1 % of the gross revenue Woodburn Ambulance earns within the City' boundaries. The proposed rates would increase franchise fee revenue by an estimated $1,900 per year. 26 ;.~.~ ( ''II ""'.-L ..'.... Woodburn Ambulance Service, Inc. P.O. Sox 584 1040 N. Soones Ferry Road Woodburn, Oregon 97071 Ben Gillespie Finance Director City of Woodburn 270 Montgomery Woodburn, Oregon 97071 lm;sliay, Nov~mber is, Lu05 Dear Ben, Woodburn Ambulance Service has, along with ambulance providers throughout Oregon, been the unfortunate recipient of massive cuts to Medicare reimbursement for ambulance services. As you may recall from earlier discussions ambulance services were put on a national fee scheduk in 2001. This had the effect of a close to 45% reduction in reimbursement for the majority of our patients. To ease the impact congress directed that the fee schedule be phased in over time. We are well into that phase in now. Additionally we continue to see the Oregon Health Plan shrink leaving more uninsured to care for. In 2002 council adopl~d a new ambulance ordinance that provided for a rate increase to compensate for projected Medicare cuts. That coupled with temporary relief from congress allowed us to maintain 2002 rates for three years, a year longer than I anticipated at the time. Unfortunately there has been no further remedy from congress and we now face and additional 20% Medicare cut in January of 2006. At the same time we will no longer be allowed to bill Medicare for advanced life support on all calls. We previously could since \\t: only provlde advanccci lik suppo;"t ;.r"ihlLm~,-' .:r~'.\'<:. \Ve ~'.re ~1Jrr~!"!tly n!'f'r:,ti"f! with cash now that provides no margin for necessary capital projects such as defibrillator upgrades and vehicle replacement, let alone unanticipated expenses such as a doubling of the cost of diesel fud. and across the board increases in supplies, utilities, etc. The primary cost of emergency ambulance is the cost of readiness. That is, keeping enough people and equipment available to quickly respond 24 hours pa day. The cost in our system is entirely Llser t~e based. We receive no tax subsidy whatsoeva. The more d~ns~ or urban a population the more calls each unit can run, decreasing the cost per call. In suburban or rural systems such as ours there is more non rev~nue g~nerating readiness time. drivlng up the (ost per call. Ho\\e\er we 111.'cd the \\aiting units available, since there is no local hospital and \\hen an ambulance receives a call it is typically not back in Woodburn (503) 982-4699 Fax (503) 982-4823 27 town for up to two hours. In nearby Salem for example each unit runs twice as many calls and is available again within 30 minutes, driving the cost per call down. To provide for adequate cash for operating activities as well as ensure profitability we have implemented new rates in areas we serve not covered under rate regulation. We arrived at the new rate following similar methodology as in past years. Principally what do we expect our call volume and expenses to be and therefore how much do we need to charge per call. Additionally we look to similar sized operations with a similar percent of Medicare/Medicaid patients and long transport times around Oregon for comparables. Woodburn: BLS ALS ALS2 Patient Miles Proposed Rate: 837.00 937.00 975.00 18.25 Other providers: BLS ALS ALS2 Patient Miles Bay Cities Ambulance - Coos Bay 840.00 997.50 20.00 Molalla Fire - Molalla 950.00 950.00 19.00 Western Lane - Florence 948.00 1048.00 15.00 Cal-Or - Brookings 725.00 850.00 16.50 The proposed rates for Woodburn Ambulance tall within the range for comparable operations. We set the proposed rate at a level we believe could hold for two to three years without further adjustment as per past practice. Recognizing our need to serve all callers regardless of ability to pay we will continue to make available low cost membership that covers an entire household for all medically necessary emergency ambulance service at just $50 per year for any resident of our service area. It is our goal to have approval from the city as soon as possible in order to have the rate consistent within our entire 400 square mile service area. Please contact me with any further questions at your convenience. y~ Shawn Baird. paramedic Co-o\\ner 28 ~ WQO~BU~N 1.,.r,.r'I'~ /61, 1J~4~_ ~ -L llA r~~ ,~ . . February 21, 2006 TO: Mayor and City Council through City Administrator FROM: Ben Gillespie, Finance Directo~ SUBJECT: 2005-06 Supplemental Budget RECOMMENDATION: Council adopt the attached ordinance for a supplemental budget. BACKGROUND: At its February 13 meeting, the Council conducted a hearing to consider budget amendments. The attached ordinance reflects the Council's direction to staff at the conclusion of the hearing. FINANCIAL IMPACT: The proposed revision increases Beginning Fund Balances in all funds by $3,001,971. Revenue in all funds is increased by $570,200, and total appropriations are increased by $299,152. Contingencies in all funds are increased $3,086,105, and reserves are increased by $186,914. Contingencies in the General Fund increase $154,492 to $1,012,603, which is 11.0% of budgeted expenditures. $186,914 is established as a Reserve for Community Center. Agenda Item Review: City Administrat City Attorney I Finane' 29 COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2005- 2006 AND DECLARING AN EMERGENCY. WHEREAS, Oregon State Statute 294.480 allows for the adoption of a supplemental budget during a fiscal year to meet changes in financial planning, and WHEREAS, the Notice of Supplemental Budget Hearing and Financial Summary was published in the Woodburn Independent on February 8,2006 as required under State budget law; and WHEREAS, the City Council held a public hearing on February 13, 2006 to give citizens an opportunity to comment on the proposed 2005-2006 supplemental budget, now, therefore, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That the supplemental budget for fiscal year 2005-2006 is hereby adopted as set forth below. Section 2. That fiscal year 2005-2006 revenues and appropriations are adjusted as follows: Reven ues Appropriations GENERAL FUND Revenue Adjustments: Beginning Fund Balance Property Taxes Investment Income Business Registration Franchise Revenue - Willamette Broadband Franchise Revenue - United Disposal Franchise Revenue - Woodburn Ambulance Pool Concessions Pool Admissions Pool Lessons Pool Memberships Reimbursements - Police Services Federal Grant - Police Services State Grant - Police Services Donations - Police State Grant - Library Services Police Assoc. League Grant - Leisure Services Donations - Teen Scene Sale of Surplus Property Total General Fund Revenue Adjustments 80,986 62,000 35,000 ( 13,000) 6,000 5,000 ( 3,000) ( 4,000) 4,000 5,000 ( 13,000) 66,031 23,700 9,148 1,848 3,405 29,000 38,326 186.914 523.358 Page 1 - COUNCIL BILL NO. ORDINANCE NO. 30 Appropriation Adju stments: Recorder's Office: Personnel Services Police Department: Personnel Services Materials & Services Library: Personnel Services Materials & Services Parks - Leisure Services: Personnel Services Materials & Services Reserve for Buildings Operating Contingency Total General Fund Appropriation Adjustments TRANSIT FUND: Revenue Adjustment: Beginning Fund Balance Total Transit Fund Revenue Adjustment Appropriation Adjustment: Operating Contingency Total Transit Fund Appropriation Adjustment BUILDING FUND: Revenue Adjustments: Beginning Fund Balance Building Permits Total Building Fund Revenue Adjustments Appropriation Adjustments: Operating Contingency Total Building Fund Appropriation Adjustments STATE REVENUE SHARING FUND: Revenue Adjustment: Beginning Fund Balance Total State Revenue Sharing Fund Revenue Adjustment Appropriation Adjustment: Operating Contingency Total State Revenue Sharing Fund Appropriation Adjs. Page 2 - COUNCIL BILL NO. ORDINANCE NO. 31 Revenues 29,959 29.959 14,555 2,000 16.555 60.1 82 60,182 Appropriations 4,655 76,981 45,746 (5,000) 8,405 30,665 20,500 186,914 154.492 523.358 29,959 29.959 16.555 16.555 60.1 82 60.182 HOUSING REHABILITATION FUND: Revenue Adjustment: Beginning Fund Balance Sale of Surplus Property Total Housing Rehab. Fund Revenue Adjustments Appropriation Adjustment: Operating Contingency Total Housing Rehab. Fund Appropriation Adjustment STREET FUND: Revenue Adjustment: Beginning Fund Balance S tate Gas Tax Total Street Fund Revenue Adjustment Appropriation Adjustment: Materials & Services Operating Contingency Total Street Fund Appropriation Adjustment CITY GAS TAX FUND: Revenue Adjustment: Beginning Fund Balance City Gas Tax Total City Gas Tax Revenue Adjustment Appropriation Adjustment: Operating Contingency Total City Gas Tax Appropriation Adjustment GENERAL FUND CAPITAL IMPROVEMENT FUND: Revenue Adjustment: Beginning Fund Balance Total General Fund CIF Revenue Adjustment Appropriation Adjustment: Capital Outlay - Plaza Operating Contingency Total General Fund crp Appropriation Adjustment SPECIAL ASSESSMENT FUND: Revenue Adjustment: Beginning Fund Balance Total Special Assessment Fund Revenue Adjustment Appropriation Adjustment: Operating Contingency Total Special Assessment Fund Appropriation Adjustment Page 3 - COUNCIL BILL NO. ORDINANCE NO. 32 Revenues 33,882 90.828 124.710 286,056 50.000 336.056 166,823 (15.000) 151.823 (73.033) (73.033) 95.237 95.237 Appropriations 124.710 124.710 8,700 327.356 336.056 151.823 151.823 28,000 001.033) ( 73.033) 95.237 95.237 Revenues Appropriations STREET/STORM CAPITAL IMPROVEMENT FUND: Revenue Adjustment: Beginning Fund Balance 47.202 Total Street/Storm CIP Fund Revenue Adjustments 47.202 Appropriation Adjustment: Operating Contingency 47.202 Total Street/Storm CIP Fund Appropriation Adjustment 47.202 PARKS CAPITAL IMPROVEMENT FUND: Revenue Adjustment: Beginning Fund Balance 34.499 Total Parks CIP Fund Revenue Adjustment 34.499 Appropriation Adjustment: Operating Contingency 34.499 Total Parks CIP Fund Appropriation Adjustment 34.499 TRAFFIC IMPACT FEE FUND: Revenue Adjustment: Beginning Fund Balance 319.617 Total Traffic Impact Fee Fund Revenue Adjustment 319.617 Appropriations Adjustment: Operating Contingency 319.617 Total Traffic Impact Fee Fund Appropriations Adjustment 319.617 STORM WATER SYSTEM DEVELOPMENT FUND: Revenue Adjustment: Beginning Fund Balance 33.815 Total Storm Water SDC Fund Revenue Adjustment 33.185 Appropriations Adjustment: Operating Contingency 33.815 Total Storm Water SDC Fund Appropriations Adjustment 33.815 SEWER CAPITAL IMPROVEl\lENT FUND: Revenue Adjustment: Beginning Fund Balance 20.683 Total Sewer Capital Imprv. Fund Revenue Adjustment 20.683 Appropriation Adjustment: Operating Contingency 20.683 Total Sewer Capitallmprv. Fund Approp. Adjustment 20.683 Page 4 - COUNCIL BILL NO. ORDINANCE NO. 33 SE\VER CONSTRUCTION FUND: Revenue Adjustment: Beginning Fund Balance Total Sewer Construction Fund Revenue Adjustment Appropriations Adjustment: Operating Contingency Total Sewer Construction Fund Appropriation Adjustment WATER CONSTRUCTION FUND: Revenue Adjustment: Beginning Fund Balance Total Water Construction Fund Revenue Adjustment Appropriations Adjustment: Operating Contingency Total Water Construction Fund Appropriation Adjustment WATER FUND: Revenue Adjustment Water Revenue Total Water Fund Revenue Adjustment Appropriations Adjustment: Personnel Services - Operations Personnel Services - Meter Reading Materials & Services - Operations Materials & Services - Meter Reading Operating Contingency Total Water Fund Appropriations Adjustment W ASTEW A TER FUND: Revenue Adjustment: Beginning Fund Balance Total Wastewater Fund Revenue Adjustment Appropriation Adjustment: Materials & Services - Operations Materials & Services - Sewer Line Maint. Operating Contingency Total Wastewater Fund Appropriation Adjustment Page 5 - COUNCIL BILL NO. ORDINANCE NO. 34 Revenues 33.852 33.852 1.068.726 1.068.726 164.557 164.557 (9.150) ( 9.150) Appropriations 33.852 33.852 1.068.726 1.068.726 15,000 1,000 5,000 6,000 137.557 164.557 10,000 3,900 (23.050) ( 9.150) WATER SYSTEM DEVELOPMENT FUND: Revenue Adjustment: Beginning Fund Balance Total Water SDC Fund Revenue Adjustment Appropriation Adjustment: Operating Contingency Total Water SDC Fund Appropriation Adjustment SEWER SYSTEM DEVELOPMENT FUND: Revenue Adjustment: Beginning Fund Balance Total Sewer SDC Fund Revenue Adjustment Appropriation Adjustment: Operating Contingency Total Sewer SDC Fund Appropriation Adjustment INFORMATION SERVICES (IS) FUND: Revenue Adjustment: Beginning Fund Balance Total Central Stores Fund Revenue Adjustment Appropriation Adjustment: Capital Outlay Operating Contingency Total Central Stores Fund Appropriation Adjustment SELF INSURANCE FUND: Appropriation Adjustment: Risk Management Services Operating Contingency TECHNICAL & ENVIRONMENTAL SERVICES FUND: Revenue Adjustment: Beginning Fund Balance Total T & E Services Fund Revenue Adjustment Appropriation Adjustment: Operating Contingency Total T & E Services Fund Appropriation Adjustment Page 6 - COUNCIL BILL NO. ORDINANCE NO. 35 Revenues 572.982 572.982 (89.053) (89.053) 10.836 10.836 98.758 98.758 Appropriations 572.982 572.982 (89.053) (89.053) 9,600 1.236 10.836 25,000 (25,000) 98.758 98.758 Revenues Appropriations BUILDING MAINTENANCE FUND: Appropriation Adjustment: Materials & Services Operating Contingency 5,000 (5,000) Section 3. That if any clause, sentence, paragraph, section or portion of this ordinance for any reason shall be adjudged invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the clause, sentence, paragraph, section or portion of this ordinance directly involved in the controversy in which such judgment is rendered. Section 4. This ordinance being necessary for the public peace, health and safety, an emergency is declared to exist in that appropriation adjustments are necessary to meet estimated expenditures that will need to be paid within the next 30 days and payment cannot be made until such time as appropriations are adopted by the Council and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Approved as to Form~n ~ City Attorney ~'lO/ZDO(, D te APPROVED KATHRYN FIGLEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Recorder City of Woodburn, Oregon Page 7 - COUNCIL BILL NO. ORDINANCE NO. 36 ~ WOOD~u~N 1.'or,or~'fJ 1389 ~~lB . . February 24, 2006 TO: Mayor and City Council through City Administrator FROM: Thomas P. Tennant Captain Scott Russell, Chief of Police / Thru: SUBJECT: 2006 OlCC Renewal RECOMMENDATION: City Council recommend to the Oregon Liquor Control Commission renewal of liquor licenses for the listed businesses for the year 2006. BACKGROUND: The Police department is responsible for reviewing all liquor license applications. The Department also conducts annual renewals, which take into account activities occurring at or in the vicinity of all licensed liquor establishments in Woodburn. Application reviews and annual renewals are conducted in accordance with Council Resolution 1613, dated January 23, 2001, which established guidelines and procedures for liquor license recommendations. Through these guidelines and procedures, the City Council ensures equitable and consistent treatment of liquor license applications. Adopted policy protects the interest of the general public and provides consistent direction to staff in the processing of liquor license. Standards used by the Police department to evaluate applicants and license holders include: . Fights and assaults · Liquor law violations by licensee or their employees · Excessive or obtrusive noise · Illegal drug use or sales on the premises · Trespass on private property . Public drunkenness · Failure of licensee to take appropriate action to prevent or control problems caused by patrons on the premises or within the local vicinity. Agenda Item Review: City Attorney _ Finance 37 Mayor and City Council February 24, 2006 Page 2 . . Evaluation Guidelines and Criteria are as follows: 1 . A recommendation to deny the renewal application will be made when there are persistent problem Involving the types of police calls listed above related to the sales of alcohol. 2. The pollee department will automatically recommend denial of a renewal application when there is a record of ten arrests, in the prior twelve months, of employees or patrons of the licensed business for unlawful activities related to the sale or service of alcohol under the license either on the premise or In the vicinity . 3. Actions by the licensee, which might tend to mitigate the problems, should be considered by the City Council. Examples of mitigating actions are seeking and following recommendations by the OLCC, or police, and increased security measures. 4. In addition to the criteria previously outlined, a recommendation for denial of a license renewal may be made when there are persistent problems involving police calls related to sales or service of alcohol not stemming from calls for assistance from the establishment, within the preceding twelve months, concerning unlawful activities by employees and patrons of the licensed business, either on the licensed premises or in the immediate vicinity thereof. 5. The recommendation by the police department is only one component of the liquor license recommendation process. Community input is significant factor in a review of applications by the Council. With all licensing activities, it must be remembered that the City recommends and OlCC grants or denies. DISCUSSION: Fifty (50) licenses were evaluated for renewal in 2006. These include 23 Off- Premise Sales licenses, where alcoholic beverages may be sold, but not consumed on the premises; 15 Limited On-Premise Sales establishments, where beer and wine may be consumed on the premises; and 12 Full On-Premise Sales licenses, where hard alcohol may be consumed on the premises. All 50 licenses are recommended for renewal. During calendar year 2005, however, two businesses had issues that warrant comment. 38 Mayor and City Council February 24, 2006 Page 3 . . Yun Wah Restaurant: During the year 2005 the Woodburn Police department handled forty-two (42) calls for seNice at Yun Wah Restaurant. A breakdown of these calls revealed twenty-five (25) were bar checks, nine (9) were calls relating to the theft from vehicles and related calls for seNice around the business. The remaining eight (8) calls for seNlce breakdown as follows: four (4) were noise complaints of which two (2) were related to music and loud voices coming from the business and two (2) were related to loud vehicles and voices in the parking lot of the business. One (1) case involved the business being open after 2:30 am with patrons inside of the bar area. Alcohol was not being seNed and no violations were noted at the time of the contact. Three (3) calls involved fights/assaults which occurred inside of the business one of the cal/lnvolved a 20 year old who was assaulted inside of the banquet room although he admitted to being inside of the bar area. These assaults were investigated and referred to the District Attorney; no charges were filed on these cases. The meeting to discuss activities at the restaurant was conducted with the Owner Imanager by the Woodburn Police Department and a representative of the Oregon Liquor commission (OLCC). As a result of this meeting Yun Wah Restaurant was placed on a compliance plan through OlCC. The business was also issued three (3) warning violations and One (1) violation by OlCC. Bunker Bar 8c Grill: While conducting a bar check at the Bunker Bar and Grill an officer was refused entry to the business. The officer was eventually allowed access no violations were noted. The Owner met with the police department and a representative of the Oregon Liquor Control Commission and the issue was resolved. All other liquor license establishments met the guidelines and policies established by Resolution 1613 in the year 2005 without the need for comment. Those establishments denoted by an "*" have a compliance plan. Compliance plans are developed to bring establishments into compliance due to a history of serious and persistent problems or because of frequency of problems within the immediate area. The following liquor license applications are recommended for approval by the police department: Off-Premise Sales: 7 - 11 Store # 2353- 1 74168 Bi-Mart # 643 Safeway Store # 1976 Crossroads Grocery & Deli 39 Mayor and City Council February 24, 2006 Page 4 . Salvador's Bakery I E-Z Stop Market Grocery & Dell Senior Estates Restaurant Gary's Market # 1 Woodburn Shop N Kart The Raven Inn 0' Donnell Enterprises (AM-PM Mini Mart) OlCC Store # 60 Su Coso Imports Woodburn Stop N Go Full On-Premise Soles: *Chu's Eatery *los Cabos Mexican Restaurant lupita's Eagle's lodge #3284 OGA Members Course Elmer's Restaurant Denny's at Woodburn Limited On-Premise Sale: Abby's Pizza Inn Billy 0 Deli & Pub Pizza Hut Senior Estates Restaurant T aqueria Guadalajara D&D Restaurant The Raven Inn 7 Mares Restaurant FINANCIAL IMPACT: None . Piper's Jewelry Woodburn Station Woodburn Fast Serve (Woodburn Chevron) Roth's IGA Foodllner Young Street Market Walmart Supercenter # 1793 US Market # 109 Your Northwest Senior Estates Restaurant The End Zone sports Bar Elk's lodge #2637 Rumors Bar & Gril *Yun Wah Chinese Restaurant *Salvador's Bakery IIlfEI Corrale *The Bunker Bar & Grill Shari's of Woodburn Nuevo Arandas Woodburn lanes Cactus Grill Fonzie's Deli *EI Armadillo Loco Country Cottage Restaurant 40