Agenda - 03/13/2006
CITY OF WOODBURN
CITY COUNCIL AGENDA
MARCH 13,2006 - 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
Announcements:
A. Beginning March 15, the Woodburn Public Library will introduce
PC Reservation and Wireless Internet service. These two new
features will improve computer and Internet access for library
and allow laptop computer users to automatically connect to
the Internet in the Library.
B. The Woodburn Public Library presents the spring concert series
with Glenda McLean, playing the accordion and Russ Lenhart
on guitar on April 2, 2005 at 2 p.m. at City Hall.
Appointments:
None,
4. PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
Presentations:
None,
5. COMMITTEE REPORTS
A. Chamber of Commerce
B. Woodburn School District
"Habra il1terpretes ~ispol1ibles para aqueHas persol1as que l10 bablal1 Il19{es, previo acuer~o, Comul11quese
al (503) 980-2.485,"
March 13, 2006
Council Agenda
Page i
6. COMMUNICATIONS
A. Letter from Willamette Broadband
1
7. BUSINESS FROM THE PUBLIC - This aJ/ows 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 27,2006
Recommended Action: Approve the minutes.
2
B. Planning Commission minutes of February 9, 2006
Recommended Action: Accept the minutes.
13
C. Woodburn Memorial Aquatic Center Revenue Comparison
Recommended Action: Receive the report.
16
D. Building Activity for February 2006
Recommended Action: Receive the report.
17
E. Planning Tracking Sheet dated February 28, 2006
Recommended Action: Receive the report.
18
F. Claims for February 2006
Recommended Action: Receive the report.
20
G. City of Canby Proposed Commuter Bus Transportation Between 25
Canby and Woodburn
Recommended Action: Information only.
H. Capital Outlay Transfer
Recommended Action: Information only.
29
9. TABLED BUSINESS
None.
10. PUBLIC HEARINGS
None.
March 13, 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 2615 - Ordinance amending Ordinance 2055 (the 31
Business Registration ordinance) and setting on effective date
Recommended Action: Adopt the ordinance.
B. Council Bill 2616 - Resolution establishing rates and charges for 41
ambulance services in accordance with the franchise granted
to Woodburn Ambulance Service, Inc. and repealing
Resolution 1698
Recommended Action: Adopt the resolution.
C. Council Bill 2617 - Resolution authorizing the transfer of 44
operating contingency appropriations during fiscal year
2005-06
Recommended Action: Authorize the City Administrator to
execute the Amended Agreement for Consulting Services with
Winterbrook Planning for fiscal year 2005-06 and adopt the
resolution.
D. liquor License - New Outlet 67
Recommended Action: Recommend to the Oregon Liquor
Control Commission the approval of a liquor license
application for A&J Market,
E. Carol Street Improvements 70
Recommended Action: Award construction contract to the
lowest responsible bidder, Trademark Construction, Inc., for
street and storm drain improvement on Carol Street in the
amount of $160,770.00.
F. Award of Contract for Employee Compensation Study 72
Recommended Action: Award a contract for an Employee
Compensation Study for management and non-represented
employees to HR Answers and authorize the City Administrator
to execute a services agreement in an amount not to exceed
$7,700, plus related expenses.
G. Appointment of Administrator Pro rem 74
Recommended Action: Appoint Police Chief Scott Russell as
Administrator Pro Tem for the period of March 23, 2006 through
April 2, 2006.
March 13, 2006
Council Agenda
Page iii
12. NEW BUSINESS
A. Interchange Improvements 75
Recommended Action: Consider the draft intergovernmental
agreement, and provide direction as appropriate
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. Planning Commission's Approval of Design Review 05-10, 83
Conditional Use 05-03, Variance 05-14, Variance 05-15,
Variance 05-16, and Variance 05-17 located at 540 N.
Settlemier Avenue
14. CITY ADMINISTRATOR'S REPORT
15. MAYOR AND COUNCIL REPORTS
16. ADJOURNMENT
March 13, 2006
Council Agenda
Pageiv
6A
REC'O
MAR 0 1 2006
CITY ADMr~~URN
TOR'S OF FlOE
February 27, 2006
Mr. John Brown
City of Woodburn
270 Montgomery St
Woodburn, OR 97071
Dear Mr. Brown:
WilIamette Broadband, LLC will increase the Standard Cable Service by $3.00
per month, effective April 1, 2006. (Please note that the Limited Service portion
of the Standard Basic Cable Service rate represents $1.00 of the $3.00 per month
increase.) The adjustment is necessary to compensate for increases in operating
costs; particularly for rising programming, fuel and utility expenses.
Willamette Broadband, LLC will continue to provide the very best cable service
possible. If you have any questions, please do not hesitate to call me at (503)
981-1891, extension 117.
Sincerely,
/L-~
Ross Waggoner
General Manager
Wlllamette Broadband, LLC . Uvlslon, LLC
PO Box 568, Woodburn, OR 97071-9600 . Ph: 503-981-4085 Fax: 503-982-4804
1
SA
COUNCIL MEETING MINUTES
FEBRUARY 27, 2006
TAPE
READING
0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, FEBRUARY 27, 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
Absent.
Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director
Tiwari, Police Chief Russell, Interim Community Development Director Zwerdling,
Finance Director Gillespie, Public Works Manager Rohman, Police Captain Tennant,
City Recorder Tennant
Mayor Figley stated that Councilor Sifuentez was not in attendance due to illness.
0060 ANNOUNCEMENTS.
A) Election filing period for Mayor and Council Positions: The designated filing
period for the following positions will begin March 2, 2006 and conclude on August 29,
2006 at 5:00 p.m.:
Mayor - At large position (2 year term)
Councilor Ward III - Precinct 835 (4 year term)
Councilor Ward IV - Precinct 845 (4 year term)
Councilor Ward V - Precinct 855 (4 year term)
Residents interested in filing for one of the above positions can obtain an application
packet from the City Recorder's office.
0105 APPOINTMENTS: BUDGET COMMITTEE AND LIBRARY BOARD.
Mayor Figley appointed John Reinhardt to Position IV of the Budget Committee with his
term expiring December 31,2008, and Nancy Kirksey to Position III of the Library Board
with her term expiring December 31, 2009,
Mayor Figley introduced Mr. Reinhardt to the Council and briefly summarized his
qualifications for the Budget Committee position.
COX/LONERGAN... approve the appointment of John Reinhardt to the Budget
Committee and Nancy Kirksey to the Library Board, The motion passed unanimously.
Page I - Council Meeting Minutes, February 27,2006
2
COUNCIL MEETING MINUTES
FEBRUARY 27, 2006
TAPE
READING
0163 PROCLAMATION: GIRL SCOUT WEEK. MARCH 10-16.2006.
Mayor Figley read the proclamation recognizing the Girl Scout organization for 94 years
of service to young women nationwide in providing them skills to succeed.
Local scout members and their leaders were in attendance to receive the proclamation.
0395 PROCLAMATION: WOODBURN TULIP FESTIVAL. MARCH 25 - APRIL 30.
2006.
Mayor Figley proclaimed March 25-April 30, 2006 as Woodburn Tulip Festival Month
and encourage the local community members to visit the tulip fields and support this
annual event which promotes Woodburn nationwide.
Barb Iverson, representing Iverson Farms (tulip field location), was in attendance to
accept a framed copy of the Proclamation.
0510 PROCLAMATION: AL'S GARDEN CENTER DAY. MARCH 20. 2006.
Mayor Figley stated that AI's Garden Center had been recognized as Garden Center of the
Year for 2005 from the Garden Centers of America organization. AI's was selected from
among 400 Garden Centers nationwide and they are the first Garden Center on the west
coast to be honored. She read the proclamation declaring March 20, 2006 as AI's Garden
Center Day and, on behalf of the City, thanked AI's for their contributions to the nursery
industry along with improving the quality of life and beautification of our community,
Jack Bigej, owner, along with some of his family members and staff were in attendance to
accept a framed copy of the proclamation,
0830 PRESENTATION: POLICE OFFICER AWARDS.
Awards, along with a brief summary of the actions taken by the employees to achieve the
awards, were presented to the following police officers by Chief Russell:
Distinguished Service Medal:
Sergeant Jason Alexander, Sergeant Jason Brockie, Officer Santiago Kent, Officer John
Mikkola, and Officer Lindybeth Wilkin
Medal of Valor:
Sergeant Jason Alexander, Sergeant Jason Brockie, Officer John Mikkola, Officer Robert
Rodriguez, Officer Santiago Kent, Officer Jason Millican, and Officer Rick Puente
1536 PRESENTATION: 2005 CRIME REPORTS.
Police Chief Russell stated that the 2005 reports show that Woodburn did not have an
increase in violent index crimes (murder, forcible rape, robbery, and aggravated assault)
but there was an increase in property index crimes (burglary, theft, motor vehicle theft,
and arson). The adjusted crime rate by population gives the City a true idea of what is
going on within our community and, for 2005, there was a 1,19% reduction (-1.19%) in
violent crimes and a 8% increase (+8%) in property crimes with the total index increased
by 8.42% (+8.42%). In looking at a 3-year average, violent crimes decreased by 10,26%
Page 2 - Council Meeting Minutes, February 27,2006
3
COUNCIL MEETING MINUTES
FEBRUARY 27, 2006
TAPE
READING
(-10,26%) and property crimes are down 5.5% (-5.5%) with the total index decreasing by
4.23% (-4.23%). In regards to case clearance rates, he stated that his department is
tracking either at par with or slightly ahead of the Western United States for violent
crimes and slightly behind for property crimes. It was noted that violent crimes take more
staff time but, by volume of calls, the police department spends more time on property
crimes. He stated that there is a methamphetamine connection with property crimes which
include fraud and identity theft, embezzlement, theft, and numerous burglary, assaults,
and other related cases. Additionally, Oregon is ranked 51h in the nation on
methamphetamine lab seizures and, by state legislative action making certain over the
counter drugs to be dispensed from the pharmacy thereby making it more difficult for
drug production, the number of lab seizures has decreased and, within Woodburn, there
have been no lab seizures since October 2005. However, foreign produced
methamphetamine is now being distributed and his staff is targeting their efforts in
apprehending those individuals who deal in the foreign produced methamphetamine. His
department is committed to maintaining their aggressive enforcement to attack the street
level and mid-level dealers which includes foot patrol, the Community Response Team,
and the Marion County Sheriffs Office drug team. Prevention work involves working
with the Meth Task Force Partners to get information out to the community. In regards
to education, the Police Department goals include strengthening neighborhood
connections through police patrol districts and district meetings and academies to get key
people in to help the department work with the neighborhoods on prevention of crime.
Lastly, gang suppression is another topic of discussion which will be brought back to the
Council in a future presentation.
2512 Councilor McCallum questioned if the individuals cited for crimes are getting into the
system and being held accountable.
Chief Russell stated that in the adult system, there is a lot of tolerance by the District
Attorney's office on property crimes since their emphasis is on person crimes. They have
improved their ability to prosecute drug cases but many of the first time offense property
crimes are set aside by the DA's office until such time as there is an additional offense
then the first offense is brought forward for legal action, However, his department has
discussed with the District Attorney cases in which an individual has numerous petty
offenses that need to be dealt with. Within the juvenile system, there are similar issues
and a meeting has been scheduled for next week to check on what is happening with
some of the cases that are not coming forward.
Councilor McCallum stated that he is a member ofthe Marion County Public Safety
Coordinating Council and, during a recent presentation by the Mexican Consulate, it was
pointed out that over the last year in Mexico, they had raided and taken over 28 labs
producing illegal drugs. The U,S. Attorney is putting resources forward to help combat
the drug problem in the United States.
Page 3 - Council Meeting Minutes, February 27,2006
4
COUNCIL MEETING MINUTES
FEBRUARY 27, 2006
TAPE
READING
2842 CHAMBER OF COMMERCE REPORT.
Nick Harville, Executive Director, stated that staff member Ronda Judson will be leaving
the Chamber office as of June 30, 2006 and the Chamber is currently in the process of
finding a replacement for her. Additionally, they are looking at alternative office space
and they are gathering information in order to make an educated decision in the event it is
decided to relocate, He stated that the Business Summit was a success and over 150
youth attended the Career Fair. The next step is to hold some smaller roundtable
discussions bringing education and industry together to discuss workforce development
issues and on how education and industry can work together even more. The
Distinguished Service Award (DSA) recipients will be notified tomorrow and honored at
the upcoming DSA banquet. Lastly, he provided a brief report on a survey gathered at a
recent travel trade show and the top two answers that people associate with Woodburn are
1) Woodburn Company Stores and 2) Tulip Festival. He stated that the Drag Strip also
brings a lot of people to our City and many responses did list the Drag Strip on the
survey. In regards to the Tourism Center, the number of visitor s has slowed down a little
due to the time ofthe year but it will pick-up in the spring when the Center will be open
from 12:00 noon to 9:00 pm,
3278 Nancy Kirksey stated that she has been a resident of Woodburn for 35 years and, just
prior to their move, they were told not to come to Woodburn because Woodburn voters
did not pass school budgets. She was glad to hear that Woodburn is thought of in a
positive perspective based on the Chamber's survey results rather than voting down
school budgets.
3350 CONSENT AGENDA.
A) approve Council minutes of February 13, 2006;
B) accept the Planning Commission minutes of January 12, 2006;
C) receive the Aquatic Center Revenue Comparison report; and
D) receive the Recreation Services Division Attendance report.
NICHOLS/MCCALLUM... adopt the consent agenda as presented. The motion passed
unanimously.
3427 PUBLIC HEARING: AMBULANCE RATES.
Mayor Figley declared the public hearing open at 7:55 p,m..
Finance Director Gillespie stated that Woodburn Ambulance had requested a rate increase
to offset a 20% decrease in Medicare reimbursements, He reviewed the proposed rates
which were included in the staff report. In looking at the request, staff looked at the
business's ability to continue operation and, in protecting the consumer, that the proposed
rates were not too high, The City's auditors looked at the rate of return and they
determined that Woodburn Ambulance's rate of return is 5.5% which is below the
industry standard of 12%-15% thereby confirming that the rate increase is justified. In
Page 4 - Council Meeting Minutes, February 27,2006
5
COUNCIL MEETING MINUTES
FEBRUARY 27, 2006
TAPE
READING
comparing the rates to other communities, the comparison indicates that the rates are
within the range. If the rates are increased, the City anticipates an increase of$l,900 per
year in franchise fee revenue.
Councilor McCallum questioned the percentage of clients that fall into the Medicare
category.
Director Gillespie stated that he would defer that question to Shawn Baird of Woodburn
Ambulance. In regards to the rate of return, he stated that it is based on investment.
Councilor Cox stated that a rate of return on investment could be misleading since it is
unknown as to what extent executive compensation is provided to insiders and this
compensation could skew the rate of return.
Director Gillespie stated that the executives are taking some of their compensation out as
salary and some of it out in draws against the equity. It was noted that the audit report
had been provided by Woodburn Ambulance and the City's auditors were used in a
management consultant capacity rather than actually auditing the company's financial
records, The comparison to other ambulance companies was a basic survey of
information on their ambulance rates,
3950 Shawn Baird, one of three owners of Woodburn Ambulance, stated that the company
began in 1978 and is currently serving Woodburn, Mt. Angel, Silverton, and Aurora.
Their service area covers approximately 400 square miles which is assigned by the
Marion County Commissioners for response to emergency calls, Non-emergency calls
are not regulated by the County which is why other ambulance companies are sometimes
delivering or picking up patients within the City. During peak hours, they have 5
ambulances stationed for deployment and during off-peak hours, they have 3 ambulances
available, Additionally, these ambulances are on a flexible deployment plan to cover
those time periods in which one of the unit areas is busy. All of the dispatching is done
through NORCOM which has worked very well and they use a local medical director out
of Silverton Hospital. They have been committed to doing committee oriented activities
which includes various board memberships, an educational program within the schools, a
bicycle helmet give away program, and assisting with the Chemeketa Community College
para-medic training program by providing two ambulances for their program, In regards
to call percentages, he stated that 60% of the calls are covered under Medicare, 10% are
covered under Medicaid or Oregon Health Plan, 25% are covered under either employer
provided commercial insurance or automobile insurance, and 5% of the calls are private
pay, He stated that ambulance companies were put on a national fee schedule about 5
years ago that averaged rates across the nation to come up with a rate that Medicare
would pay for ambulance services, As a result, the rate paid to service providers in the
states of Oregon, Washington, Alaska, and Hawaii was cut approximately 50% whereas
most other states received an increase in reimbursement rates. For example, in calendar
year 2000 Woodburn Ambulance would have received $660 from Medicare for a service
call whereas in 2005 they only receive $404. As a result, cost shifting is necessary by
Page 5 - Council Meeting Minutes, February 27,2006
6
COUNCIL MEETING MINUTES
FEBRUARY 27,2006
TAPE
READING
increasing rates to the small segment of the population that is covered by other insurance.
He reiterated that Medicare and Medicaid covered patients are not affected by this rate
Increase,
Councilor Nichols questioned the number of individuals covered under their ambulance
membership policy,
Mr. Baird stated that they have just under 2,000 membership policies and that number has
remained fairly constant over the years, The membership policies cover any balances or
co-payments and it covers unlimited trips during the year, Even though the membership
policies are regulated by the State Insurance Commission, the policies are not considered
as insurance. In regards to staffing and response time, he stated that they have 32 full-
time employees and 18 part-time employees. The response time within the City is 12
minutes which is within the 90% standard threshold filed with the County.
Councilor McCallum questioned if W oodbum Ambulance is responsible for the training
of employees.
Mr, Baird stated that Woodburn Ambulance provides enough training every month for
employees to maintain their certification in addition to courses on special topics.
Councilor McCallum questioned the cost to equip an ambulance and cost to keep it up-to-
date on a yearly basis.
Mr, Baird stated that the initial cost is approximately $70,000 for the vehicle, $10,000 for
miscellaneous vehicle equipment, and $20,000 for medical equipment. On the new
vehicles, it is anticipated that they will be able to put 400,000 miles on the vehicle
(previous vehicles replaced after 200,000 miles) thereby reducing the rate per mile cost.
Councilor Cox questioned Mr. Baird on how the membership plan is regulated by the
State,
Mr, Baird stated that they had done an initial filing with the State Insurance Commission
and Woodburn Ambulance is subject to their audit. There are no rate filings with the
State,
Councilor Cox stated that many of the elderly people in Senior Estates under a very
limited income have purchased the membership policies but he has advised them not to
purchase the policy since it is an expense that is not necessary since those individuals do
have Medicare. He questioned what Woodburn Ambulance does do if a person receives
ambulance service, has Medicare, and a membership policy.
Mr. Baird stated that they do bill Medicare and if there is a balance, the membership
policy is billed, He stated that not all services are covered under Medicare and if that
does occur, then the bill reverts back to the patient. The membership policy would
protect the patient from unpaid bills, In those cases where the Ambulance company
comes out to do an assessment, give an intervention, and then the patient elects not to go
to the hospital, Medicare would deny the claim and the patient would be billed for the
charge. These charges would then be billed to the membership policy.
Councilor Cox questioned if Woodburn Ambulance had franchises with the other cities
they service,
Page 6 - Council Meeting Minutes, February 27,2006
7
COUNCIL MEETING MINUTES
FEBRUARY 27, 2006
TAPE
READING
Mr. Baird stated that they do have a franchise with the City ofMt. Angel.
Councilor Cox questioned if Woodburn Ambulance had any agreements with HMO's or
insurance companies to provide service for them at a rate which is different from the
stated rate.
Mr. Baird stated that they do not have any negotiated rates.
Councilor Cox stated that the membership policies bring in about $100,000 per year but
he is still not fully satisfied with the information provided on these policies. He is not
unhappy with the business and realizes that they do need to make a rate of return.
Councilor Nichols stated that each trip costs a specific amount of money and if Medicare
does not pay the full cost, the membership policy will pick-up the difference,
Mr. Baird stated that Medicare will pay for transport to the closest appropriate hospital
(Silverton Hospital) and, in many cases, additional transport costs are not covered by
Medicare since the patient requests transport to Meridian Park or Salem Memorial
hospital. The patient is responsible for the additional transport cost and a membership
policy will cover these additional costs..
Tape 2
0001 No one in the audience spoke either for or against the proposed rate increase,
Mayor Figley declared the hearing closed at 8:30 p,m..
Councilor McCallum stated that Woodburn has seen a vast increase in the health care
available to our residents and feels that Woodburn Ambulance plays an important part in
our community, Ambulance service is very expensive but feels that the rate increase is
justified,
NICHOLSfMCCALLUM... direct staffto prepare a Resolution to substantiate the
Council's decision to grant the increase.
Councilor Bjelland stated that the increase is approximately 15.6% increase over a fee
schedule that was established in 2002 which is equivalent to about a 4% annual rate
increase. As it relates to other health care increases, this is a reasonable rate increase.
The Mayor also expressed her support for the requested rate increase.
The motion passed unanimously.
0224 COUNCIL BILL 2614 - ORDINANCE ADOPTING A SUPPLEMENTAL
BUDGET FOR FISCAL YEAR 2005-06.
Councilor McCallum introduced Council Bill 2614. 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 2614 duly passed with the emergency clause,
0305 2006 OLCC LIQUOR LICENSE RENEWALS.
Based on established guidelines and procedures for liquor license recommendations, the
Police Chief recommended the following renewal of liquor licenses for the year 2006:
Page 7 - Council Meeting Minutes, February 27,2006
8
COUNCIL MEETING MINUTES
FEBRUARY 27, 2006
TAPE
READING
Off-Premise Sales:
7-11 Store #2353-17416B; Safeway Store #1976; Bi-Mart #643; Crossroads Grocery &
Deli; Salvador's Bakery I; E-Z Stop Market Grocery & Deli; Senior Estates Restaurant;
Gary's Market #1; Woodburn Shop N Kart; The Raven Inn; O'Donnell Enterprises (AM-
PM Mini Mart); OLCC Store #60; Su Casa Imports; Woodburn Stop N Go; Piper's
Jewelry; Woodburn Station; Woodburn Fast Serve (Woodburn Chevron); Roth's IGA
Foodliner; Young Street Market; Walmart Supercenter #1793; US Market #109; andYour
Northwest.
Full On-Premise Sales:
Chu's Eatery; Los Cabos Mexican Restaurant; Lupita's; Eagle's Lodge #3284; OGA
Members Course; Elmer's Restaurant; Denny's at Woodburn; The End Zone Sports Bar;
Elk's Lodge #2637; Rumors Bar & Grill; Yun Wah Chinese Restaurant; Salvador's
Bakery III/Eleorrale; and the Bunker Bar & Grill.
Limited On-Premise Sales:
Abby's Pizza Inn; Billy 0 Deli & Pub; Pizza Hut; Senior Estates Restaurant; Taqueria
Guadalajara; D & D Restaurant; The Raven Inn; 7 Mares Restaurant; Shari's of
Woodburn; Nuevo Arandas; Woodburn Lanes; Cactus Grill; Fonzie's Deli; EI Armadillo
Loco; and Country Cottage Restaurant.
Councilor Cox expressed concern regarding Yun Wah Chinese Restaurant in that they
have a high rate of calls especially for being located adjacent to a residential
neighborhood. He stated that his constituents complain to him about the noise from the
restaurant and incidents occurring in the parking lot. The Police Department has tried to
work with the restaurant management and the owners say they are going to cooperate but
ultimately there does not seem to be any improvement. Additionally, there are a number
of crimes that are occurring in the parking lot and he is appalled by what is going on in
that neighborhood. He did not want to put the restaurant out ofbusiness but he did not
want to support the recommendation to approve the license renewal for this restaurant.
Currently the restaurant is under a compliance agreement which does not seem to be
working very well and, in his opinion, the owners need to devote some major attention to
this issue including having employees whose specific job is to patrol their parking lot at
busy times and at closing times, If the owners do not believe that they can afford the
patrol, then they should not be operating the lounge. The business could still serve beer
and wine with the meals since it is not the food service that causes the problems. He
realizes that whatever the Council does do it is a recommendation to OLCC and OLCC
will do whatever they want to in regards to the license, He reiterated that the Council
should make a stand that this is not a tolerable situation at Yun Wah's.
Councilor N1cCallum questioned how long Yun Wah's has been on a compliance plan.
Chief Russell stated that during the latter part of December 2005, Yun Wah's was issued
3 warnings and 1 citation for some offenses and, as a result, is now under an GLCC
Page 8 - Council Meeting Minutes, February 27,2006
9
COUNCIL MEETING MINUTES
FEBRUARY 27, 2006
TAPE
READING
Compliance Plan which requires them to comply rather than a City compliance plan
which is voluntary compliance, Future offenses will lead to sanctions if they do not
comply such as suspension or loss of their license, Over the last several weeks, GLCC
and the Police Department have been meeting with the owners ofYun Wah's to try and
resolve this issue, otherwise, GLCC will impose some type of sanction.
Councilor Bjelland questioned if a bar check involves responding to a call for service or if
it is the Police Department making an unsolicited visitation of the premise to determine
compliance,
Chief Russell stated that a bar check is an unsolicited visitation on the part of the police
officer, The Council's recommendation will be forwarded to GLCC, however, OLCC
will make the final determination of license renewals.
Councilor McCallum stated that another restaurant located on Highway 99E had 3
incidents in the previous year for serving minors and he questioned if that situation had
been resolved.
Chief Russell stated that the establishment has not had any more violations and they have
gone through the responsible server program through GLCC.
Brief discussion was also held regarding the license Roth's Foodliner has had in the past.
With the closing of the store, the license will go away if it is not used within OLCC's
established time period, and once the license is invalid, any new owner would need to
apply for a new GLCC license.
1000 COX/MCCALLUM... recommend to GLCC the renewal of all liquor licenses with the
exception ofYun Wah's and the staff send, along with the Council's finding, an
explanatory letter and to also let GLCC know that the Council would have no objection to
Yun Wah's having a license that would allow beer and wine to be served with meals.
Councilor Nichols stated that he did not agree with the portion of the motion that would
recommend the renewal of all licenses but he did agree with the recommendation not to
renew Yun Wah's liquor license.
Councilor Bjelland expressed his concern on the types of issues involved since they are
not all related to the business operation. For example, parking lot thefts are taking place
outside of the establishment and they mayor may not be a result of the patrons within the
establishment,
Councilor Cox expressed his opinion in that a business continues to be responsible for the
acts patrons they serve alcohol to even when they leave the building to go out to the
parking lot. This would include the business being responsible for patrolling the parking
lot so that patrons do not continue their partying activities outside of the building, He felt
that a business located adjacent to a residential neighborhood has a higher duty with
regard to the impact it has on their surrounding neighbors.
Councilor Bjelland expressed his opinion that this is a compliance issue and should be
taken into a compliance program and, since the compliance plan has just recently been
issued, they should be given an opportunity to make necessary corrections.
Chief Russell stated that the issues being discussed have been part of a compliance plan
Page 9 - Council Meeting Minutes, February 27,2006
10
COUNCIL MEETING MINUTES
FEBRUARY 27, 2006
TAPE
READING
but the current issues being addressed by OLCC is over service, an unruly house, and
serving visibly intoxicated people. The issues in the parking lot had been addressed in an
earlier voluntary compliance plan and those issues have been less of a problem, therefore,
the current compliance plan focuses on minors in the lounge, service issues, and fights
within the property. He reiterated that non-compliance with the OLCC plan will result in
more severe penalties to the establishment.
Councilor Cox stated that he would withdraw the portion of his motion that relates to
allowing the business to serve beer and wine with their food service. Councilor
McCallum agreed to the withdrawal of the language,
On roll call vote to recommend renewal of the 2006 liquor license renewals with the
exception ofYun Wah's, the motion passed 4-1 with Councilor Nichols voting nay.
1480 CITY ADMINISTRATOR'S REPORT.
It was the consensus of the Council that Administrator Brown would contact them
individually to provide them with updates on the Community Development Director
recruitment.
1 525 MAYOR AND COUNCIL REPORTS.
Councilor Cox stated that he is willing to serve another 4 years as Ward IV Councilor and
plans on filing for the position but, due to his age, he is also willing to let someone else
serve on the Council provided that he feels that they would be a good, and qualified,
person to serve in this position, If that does occur, he will support them in their
campaign for office.
Councilor Lonergan stated that this was one of his favorite Council meetings since it
included appointments of two good individuals to the Budget Committee and Library
Board in addition to the Proclamations and Presentations. He stated that he was very
proud to be a part of Woodburn.
Councilor McCallum reminded the public that the Mayor's Prayer Breakfast will be held
on March lOth, 6:30 am, at the United Methodist Church. He also stated that an event is
scheduled on March 8th in Woodburn regarding Clean Water and questioned if the
Council and general public were invited to attend.
Administrator Brown stated that staff had distributed the information to the Council so
that they would be aware of this event, however, it is not a City generated document. The
Council is invited to attend and the Mayor will be Master of Ceremonies for this event.
Mayor Figley stated that she will be filing for another term as Mayor since she continues
to be reminded of all of the positive things happening within our community,
Page 10 - Council Meeting Minutes, February 27, 2006
11
COUNCIL MEETING MINUTES
FEBRUARY 27, 2006
TAPE
READING
1843 ADJOURNMENT.
NICHOLS/MCCALLUM... meeting be adjourned, The motion passed unanimously.
The meeting adjourned at 9:03 p.m..
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 11 - Council Meeting Minutes, February 27,2006
12
8B
WOODBURN PLANNING COMMISSION MEETING MINUTES
February 9, 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 read the commission statement. Stating that there were no hearings on the
agenda.
ROLL CALL
Chairperson
Vice Chairperson
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Lima
Bandelow
GrosJacques
Vancil
Grigorieff
Hutchison
Jennings
P
P
P
P
A
P
P
Staff Present: Naomi Zwerdling - Interim Community Development Director
Marta Carrillo - Administrative Assistant
MINUTES
A. Woodburn Plannina Commission Meetina Minutes of January 12. 2006
Commissioner GrosJaCQues moved to accept the minutes as written. Commissioner
Vancil seconded the motion, which unanimously carried.
BUSINESS FROM THE AUDIENCE
None,
COMMUNICATIONS
Woodburn City Council Meeting Minutes of December 12, 2005.
Woodburn City Council Meeting Minutes of January 9, 2006,
PUBLIC HEARINGS
None,
ITEMS FOR ACTION
None,
DISCUSSION ITEMS
None,
Planning Commission Meeting February 9, 2006
Page 1 of 3
13
REPORTS
A, Building Activity for January 2006
B. Tracking Sheet
Commissioner Hutchinson commented on the Lincoln Street developments and the
partitioned out lots.
Commissioner Vancil commented that Soones Crossing was also having a lot of activity.
Chairperson Lima asked about a public hearing that is scheduled for March 9th on the
Millcreek Greenway Master Plan,
Interim Community Development Director Zwerdlinq stated there would be items for both
meetings in March. First being the Millcreek Greenway Plan and the second is an
application for a Comprehensive Zone Change that will occur at the second meeting.
And there are no items for the second meeting on February 23rd.
Commissioner GrosJaCQues moved to cancel the Planning Commission Meeting for
February 23, 2006. Vice-Chairperson Bandelow seconded the motion, which
unanimously carried. '
BUSINESS FROM THE COMMISSION
Commissioner Vancil asked about the training that has been inquired upon,
Interim Community Development Director Zwerdlinq commented that she spoke with the
City Attorney in regards to the training and that he would contact Adrian Brockman, who
conducted the previous training and was the Assistant City Attorney for Portland and
also a planner with Washington County and is now retired, He will inquire about being
involved in that type of session once again and he would also like to be involved with the
training. Also stating that it would not be possible to schedule for a February 23rd
session, but could be scheduled more conveniently dependent upon her availability.
Commissioner Vancil stated that an important issue in regards to decision-making is an
issue that needs to be addressed,
Interim Community Development Director Zwerdlinq stated that in the previous training,
the presenter was able to hone in on specific projects and hold off on specific questions
and particularly helpful versus going in to a training session elsewhere. She talked about
the Urban Growth Boundary and other issues as well. She also contributed to the
planning commission manual in drafting it. It would also be helpful to have the City
Attorney attend the training.
Chairperson Lima stated that he spoke with Interim Community Development Director
Zwerdlinq in regards to an article in the Oregonian about planning in the City of Portland.
Copies will be facilitated to the Planning Commission Members. There were many
interesting issues addressed and concerns previously stressed by the commission
members such as the Urban Growth Boundary, smart growth and high density versus
low density visibility.
Planning Commission Meeting February 9, 2006
Page 2 of 3
14
Vice-Chairperson Bandelow made a comment in regards to the improvements along the railroad
tracks and how great it looks with the parking along the side and it is a dramatic improvement on
the south-end.
Commissioner Vancil stated that he noticed a building had been painted and improves the
downtown area,
Vice-Chairperson Bandelow stated that there is a whole section in the downtown area that has
been repainted and is looking good and is an amazing difference.
Commissioner Jennings commented that once the Downtown Plaza came in the property owners
started to make the improvements as well and will continue to progress all the way down Front
Street.
Chairperson Lima asked if there were any other comments from the Commission.
ADJOURNMENT
Commissioner Grosiacques moved to adjourn the meeting, Commissioner Bandelow seconded
the motion, which unanimously carried. Meeting adjourned at 7:12 pm.
APPROVED
~~--1~.k) 6-'1-0~
L BAND , ICE-CHAIRPERSON Date
ATTEST
Naomi Zwerdling
Interim Community Development Director
City of Wood bum, Oregon
Date
Planning Commission A;feeling Febntary 9, 2006
Page 3 of 3
15
Wood bum Memol'iaJ Aquatic Center
Revenue Compal'ison FY '2004-05 \'.S. FY '2005-06
Special Events
Admissions
Memberships
Lessons
Rentals
Resalc
Conc~ions
TOTAL
Attendance
$ Difference
.,. Difference
Dollar A vg
Special Events
Admissions
Memberships
Lessons
Renbls
Resale
... Concessions
0\
July 2004 July 2005 AUlP.2004 AUlP. 2005 Sept 2004 Sept 2005 Oct2l104 Oct 2005 Nov 2004 Nov 2005 Dee 2004 Dec 2005
SO,OO SO, 00 SO,OO $0,00 $0,00 SO,OO $0,00 SO.OO $0,00
$9,454,81 $10,594,50 S6. 078. 72 $6,507,60 $6,211.30 $.I 500.90 S2,393.59 S2,670.08 $5,087.54 $.1,604.55 S5 778.45 $.1,101.45
S2,063.50 52,164.00 $1,351.00 $2.086.50 SI,492.50 S781.50 S355.50 $652.00 S568.85 SI,635.40 S2.874.10 $1,631.75
S8. 246. 58 $6,655.00 $5 114.01 SII,435.75 S3, 104. 10 $8,333.39 S3 042.23 $1,210.50 S5,539.15 $1 838.00 $928.92 S725.75
S415.00 $I 56.00 $652.50 S504.85 S845.00 S300.00 $1,470.98 $1,006.25 $1,387.92 $1 429.62 $1,048.00 $2,280.00
S736.95 S658.75 $.189.15 S571.50 $645,80 S202,15 $214.55 S180.33 $315.58 $274.J 5 $263.1 0 S245.45
S3.696.81 S3,709.65 S2,555.33 $4,548.81 SI,81O.30 51,495.65 $725.80 $1,033.93 SI,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 6,153.09 14,286.96 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 0.11 -0.18 -0.25 -0,17
$2.99 $3.56 $2.18 $4.27 $3.37 $5.52 S2.05 S2.59 S3.23 S2.48 $2.95 S2.84
Jan 2005 Jm 2006 Feb 2005 Feb 2006 Mar 2005 l\iar 2006 April 2005 April 2006 May 2005 May 2006 June 2004 June 2006
$0.00 $0.00 $0.00 SO.OO SO.OO 5841.14
$4,907.62 $6,110.20 $5,014.09 $6,421.53 $7,927.65 S7,198.50 $6,028.30 $9 104.55
S20,777.08 S6395.90 $1 484.00 S3,949.40 $974.50 $1,086.20 S983.00 S2,136.25
$3,636.67 S3,816.25 $4,952.96 $4,086.35 S4,578.15 S4.394.21 $4,648.90 $8,029.12
$2,007.97 $975.00 $1,853.22 $1,301.55 5848.00 SI,029.50 $670.00 S700.00
$191.55 $280.75 $527.75 $340.80 S376.35 S220.35 5278.90 S597.16
$1,281.01 SI,725.96 SI,581.65 SI,609.69 SI,946.42 SI,518.17 SI,816.07 S3,172.82
TOTAL
Attendance
$ Diff "'fence
~'o Difference
Dollar Avg 7.19
Year to date by account
2004- 2005 2005- 2006
Special events 841
Admissions 75,185
Memberships 36,153
Lessons 56,215
Renbls 12,988
Resale 4,857
Concessions 23,210
Year to date IOta! 5137,745.46 $129,697,08 ..$8,048.38
12 month total 5209,449.67 -579,752.59
Budget $223,000 -593,303
32,801.90
4,560
19,304.06 15,413.67 17,709.32
5064 5,178 4290
-13,497.84 2,295.65
-0.41 0.15
3.81 2.98 4.13
16,651.07
5,644
0.00
15,446.93
5,398
0.00
14,425.17 0.00 25,181.().I 0.00
4,038
-14,425.17 -25,181.04
-1.00 -1.00
3.57 #DIV/O! #DIViO! #DIViO!
-16,651.07
-1.00
2.95 #DIV!OI 2.86
Year To Date Summary
-15,446.93
-1.00
#DIVIO!
Revenue Budget Estimates
~005-2006
iDollars to date
~o CoUected vear to date
Total Revenue 2004-2005
Total Revenue 2005-2006
137,745.46
129,697.08
223,000
SI29,697.08
0.58
Difference
Percent ChaRlIe
-8,048.38
-0.06
Year To Date Attendance
12004 2005
39,618
005 2006
35,378
(X)
n
8D
CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street
Woodburn, Oregon 97071
(503) 982-5250
Date:
March 6, 2006
To:
John Brown, City Administrator
From:
Building Division
Subject:
Building Activity for February 2006
2004 2005 2006
Dollar Dollar Dollar
No. Amount No. Amount No. Amount
New Residence Value 10 $1,700,119 5 $925,884 5 $783,255
Multi Family 0 $0 0 $0 0 $0
Assisted Living Facilities 0 $0 0 $0 0 $0
Residential Adds & Alts 3 $14,418 6 $78,000 2 $12,720
Industrial 0 $0 0 $0 0 $0
Commercial Value 17 $593,976 7 $589,057 6 $2,042,043
Signs, Fences, Driveways 1 $2,500 4 $4,895 3 $3,150
Manufactured Homes 2 $45,000 1 $5,000 1 $50,000
TOTALS 33 $2,356,013 23 $1,602,837 17 $2,891,168
Fiscal Year (July 1- $22,625,920 $18,078,941 $27,508,799
June 30) to Date
I \Ccmrr.unlty Ceve~cp(T'ent\BuLidlng\Bluddlr.g ACtl\HI':i'BldgAct-2CC6'Bldg Acllvlty. Memos\.acllowlty. February 20C6.wpd
17
PLANNING PROJECT TRACKING SHEET
Revised:2128/2006
Page 1 of 2
Mail Final PC Mail Notice
Pl"llject Date Deemed 120-Day Facilities Notice Iol Notice to Post Stf Rpt PC Order Final Nolicelol to Post SIt Rpt CC On:l. CC On:l. ~
Applicant Desaiption Received Complete Date Planner Referrals Meeting PC Paper Property Due Hearing Due Order CC Papers Property Due Hearing Due Adoption Ends
Change Comp.
CPA 04002, Plan & zoning & Incomplete
ZC 04003, conditional use
CU 04-10, Wallace Lien approval to 10/25/04 11/19104 NJA Naomi 213/06 2114106 3/3/06 3/3/06 3/13106 3/23/06
PLA~, allow new car Complete
DR 0~3 sales at 300 S. 213106
Woodland Aile.
SUB 05-41, Incomplete 12117105
VAil. 05-11, Wilham 4 lot subdivision 05116/05 06114105 Ext. to Jason 8122105 8/26/05
VAil. 05-12 Coleman al715 Cctby SI. Complete 4/15106
8119105
DR 05-10, Expand
CU 05-43, structure and Incomplete
VAil. 05-14, Scott Edwards parl<ing area at 10/19/05
VAil. 05-15, Nellitecture - existing OCDC 9/19/05 Complete 5111/06 Jason 1/12/2006 1/19/06 2117/06 2/27/06 2/28106 3/9/06
Peter Grimm Woodburn Head
VAil. 05-16, Start at 540 1/11106
~AiI. 05-17 Settlemier Aile.
00
DR 05-11, Conslruct coIfee Incomplete
VAil. 05-18 Nathan Dalton kiosk at Mid- 10/31105 11/21105 Jason
Valley Plaza
Construct
11,360 SF Incomplete
DR 05-13 Hays commercial 11/14105 11/30/05 613106 Jason 213/06 2114/06 3124/06 NA 4/3/06 4/3/06 4/13/06
Architecture building 811539 Complete
Mt. Hood 2/3/06
Avenue
Conslruct two
new buildings Incomplete
DR 05-14 Guy Worden (12,050 sf tola/) 1218105 Breah
at 610 N. Pacific 116/06
Hwy.
00
t;I:J
PLANNING PROJECT TRACKING SHEET
Revised:2/28'2006
Page 2 of 2
Mail Final PC Mail Notice
Project Date Deemed 120-Day Facilities Notice 10 Notice to Post Stf Rpt PC Order Final Notice fo< to Post StfRpt CC Ord. CC Ord. Appeal
Applicant Desaiption Received Complete Date Planner Referrals Meeting PC Paper Property Due Hearing Due Order CC Papers Property Due Hearing Due Adoption Ends
DevelOp 42 101
PUD on Lot 1 of Incomplete
pu~ 05.01 Marl< Dane Woodburn 12/27/05 Jason
Towne Center 1/25/06
Plat
Convert 1, 058sf Incomplete
retail space to
DR 05-15 Carter Case restaurant use 12/29/05 1/25/06 6/3/06 Breah 216/06 NA NA NA NA
at 960 N. Pacific Complete
Highway 213/06
ConslnJd a
Coffee Cart
DR 06'()1 Brandi Graft (Wild Bean 2/1/06 Jason
Coffee. LLC) at
2285 N. Pacific
Highway
CU to allow a
Abdulla food market at
CU 06-(11 Hussein / 689 N. Front 2/13106 2124/06 6/24/00 Breah 2/24106 3/2106 3/2/06 3/13/06 319/06 or 3/23/06
Charles Street, Space NA 3/16/06
....
\0 Sauvain .C. in the DOC
zone
City of Mill Creek Complete
LA 06.01 Greenway 1/18106 NA Naomi 2117/06 2117/06 NA 3/9106
Woodburn Master Plan 1/18/06
Urban Renewal
Urban District
Renewal approved by John
Program voters on Naomi
3/12102
LA 05-01
Periodic PeriOdic Review
Review
Task tasks are Naomi 01/14105 01/14/05 N/A 02103/05 3/1 0/05 N/A NlA NlA 03128105
Comple- complete.
tlon
1:\Community Oevelopment\Planning\MisceUaneous\Other\Planning Case Log
WOODBURN I.TVE
DATE 3/0S/0b
TIME14,'dll
CHECK # ('!lECK DAn:
~
o
BANK ACCO~~T, AP A/P
82706 2/28/2006
82707 2/28/2006
82708 2/28/2006
82709 2/03/2006
82710 2/03/2006
82711 2/03/2006
82712 2/03/2006
82713 2/03/2006
82714 2/03/2006
82715 2/03/2006
82716 2/03/2006
82717 2/03/2006
82718 2/03/2006
82719 2/03/2006
82720 2/03/2006
82721 2/03/2006
82722 2/03/2006
82723 "/03/2006
82724 2/03/2006
82725 ~/03/2006
82726 2/03/2006
82727 2/03/2006
82728 2/03/2006
82729 2/03/2006
82730 2/03/2006
82731 2/03/2006
82732 2/03/2006
82733 2/03/2006
82734 2/03/2006
82735 2/03/2006
82736 2/03/2006
82737 2/03/2006
82738 2/03/2006
82740 2/03/2006
82742 2/03/2006
82743 2/03/2006
82744 2/03/2006
82745 2/03/2006
82747 2/03/2006
82749 2/03/2006
82750 2/03/2006
82751 2/03/2006
82752 2/03/2006
82753 2/03/2006
82754 2/03/2006
82755 2/03/2006
82756 2/03/2006
82757 2/03/2006
82758 2/03/2006
82759 2/03/2006
82760 2/03/2006
82761 2/03/2006
C I T Y 0 F WOO D BUR N
PA YES NAME
Accounts Payable
AKULINA KALUGIN
NAOMI ZWERDL ING
VALLEY MAILING SERVICE IN
ADOLPH KIEFER & ASSOCIATE
ADVANCED RV PAINTING & RE:
ALLIED WASTE SE:RVICES
AMERICAN FIRE PROTECTION
ANN FINCH
AT " T
BEN GlLLESPIE
BONNEAU PRODUCTS CO
CANBY TELEPHONE ASSOC
CASE AUTOMOTIVE INC
COW GOVERNMENT INC
CINGULAR/AT&T WIRELESS
CTL CORPORATION
DEBS IE BRUFFETT
DEX ME:D I A EAST
DIVERSE: MEDIA INC
DYMAXION RESEARCH LTD
EXPRESS POLl CE SUPPLY
GALE GROUP
GENERAL ELECTRIC CAPITAL
GRAINGER INC
H D FOWLER ro INC
JASON MILLICAN
KATHLEEN HASLE8ACHER
KENNEDY JENKS CONSULT INC
KIWANIS CLUB OF FRENCH PR
LABOR RELATIONS INFO SYST
LATUS MOTORS HARLEY DAVID
LEGISLATIVE COUNSEL COMM
LIBRARY ASSOCIATES
MADERA CINEVIDEO INC
MARION COUNTY CLERK
MARSHALL CAVENDISH CORP
NORTHWEST NATURAL GAS
OACP
OR DEPT OF MOTOR VEHICLE
PIZZA HUT
POLK 01 RECTORIES
PORTLAND GENERAL ELECTRIC
PORTLAND GENERAL ELECTRIC
PUBLIC WORKS SUPPLY INC
QWEST
QWEST
RYAN HERCO CO
S.O.S. LOCK SERVICE
SIERRA SPRINGS
SPRINT
STEPHEN ESTRADA
TACTICAL COMMAND INDUSTRI
CHECK REGISTER
oTATUS
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCI LED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCI LED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
UPDATED CHECK AMOUNT
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
135.74
250.00
842.85
3~.94
1,624.20
76.40
301.90
2,425.99
53.60
18.75
112.75
19.95
41.90
6,354.52
671.38
5,730.76
25.00
276.85
25.64
234.00
84.84
458.70
643.19
106.16
912.70
14 7.96
210.00
23,445.95
30.00
495.00
36.49
356.00
395.40
164.42
351.00
743.95
10,523.19
200.00
70.00
67.47
375.00
35 , 945 . 13
5,747.96
168.80
168.07
1,068.51
61. 64
11.75
47.44
103.98
25.00
224.00
RECONCILED AMT
135.74
250.00
842.85
35.94
1,624.20
76.40
301.90
2,425.99
53.60
18.75
]]2.75
19.95
41.90
6,354.52
671.38
5,730.76
25.00
276.85
25.64
234.00
84.84
458.70
643.19
106.16
912.70
147.96
210.00
23,445.95
30.00
495.00
36.49
356.00
395.40
164.42
351.00
74 3.95
10,523.19
200.00
70.00
67.47
375.00
35,945.13
5,747.96
168.80
168.07
1,068.51
61.64
11.7S
47.44
103.98
25.00
224.00
PAGE
AP0460
VEEOT
DIFFERENCE
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
00
.00
.00
.00
.00
.00
.00
.00
.00
00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
00
~
WOODBUkN LIVE
DATE 3/08/06
TIME 14,53013
CHECK # CHECK uATE
N
....
82 cl62
82763
82764
82765
82766
82767
82768
82769
82770
82771
82772
82773
82774
82775
82776
82777
82778
82779
82780
82781
82782
82783
82784
82785
82786
82787
82788
82789
82790
82791
82792
82793
82794
82795
82796
82797
82799
82800
82802
82803
82804
82805
82806
82807
82808
82809
82810
82811
82812
82813
82814
82815
82816
//03/2006
2/01/2006
2/03/2006
;'/03/2006
2/03/2006
2/03/2006
2/03/2006
2/03/2006
2/U3/2006
;>/03/2006
2/03/2006
2/03/2006
;/03/2006
2/03/2006
2/03/2006
2/03/2006
2/28/2006
2/28/2006
2/28/2006
':-/28/2006
2/28/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
C I T Y 0 F WOO D BUR N
PAYEE NAME
TAYI,OR HONDA
TECH ASSISTANCE FOR EMPLO
THE POLICE AND SHERIFFS P
UNEQUALLED JANITORIAL sve
UNITED DISPOSAL/ALLIED WA
UNITED PIPE & SUPPLY CO.
UNIVAR USA INC
UNIVERSITY OF OREGON
VALLEY PACIFIC FLORAL
VERIZON WIRELESS
WDBRN CHAMBER OF COMMERCE
WEST GROUP PAYMENT CTR
WOODBURN FAMILY MEDICINE
WORLD REFERENCE RESOURCES
WSHNA
YES GRAPHICS
OR STATE POLICE ID SERVIC
SCOTT STINSON
KEN MAJOR
NlTA J MARR
OREGON P.E.R.S
ADVANCED LASER IMAGING IN
AMER PUBLIC WORKS ASSN
APPLIED ELECTRICAL TRAINI
ARAMARK UNIFORM SERVICE I
ARCH WIRELESS
ARMANDO ASCENCIO
AT & T
BATEMAN-ENP
BEERY,ELSNER & HAMMOND LL
SULLIVANT HOUSER BAILEY P
CDW GOVERNMENT INC
CHEMEKETA COMMUNITY COLL
COMPLETE WIRELESS SOLUTNS
CORPORATE EXPRESS
CRYSTAL SPRINGS WATER CO
DEPT OF ENVIRONMENTAL QUA
DP NORTHWEST INC
FEDERAL EXPRESS CORP
FRANK M MASON
GROUP MACKENZIE ENGR INC
IKON OFFICE SOLUTIONS
INTERNATIONAL CODE COUNCI
JANE VANLEERGAM
JEFFERSON PILOT FINANCIAL
JOHN BROWN
LIGHTNING POWDER CO
MARION COUNTY BLDG INSPEC
MARION COUNTY TREASURY DE
METROFUELING INC
MOLALLA COMMUNICATIONS
NATIONAL ASSOC OF TOWN WA
NATIONAL WATERWORKS INC
CHECK REGISTER
STATUS
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
UPDATED CHECK AMOUNT
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
69.00
17.50
12.39
438.00
632.00
274.00
3,557.70
63.43
68.80
53 .81
30.00
333.75
149.00
57.53
25.00
196.00
12.00
300.00
300.00
900.00
314.96
149.85
225.00
50.00
40.26
159.52
25.00
24.48
500.00
534.00
375.00
1,112.96
365.20
1,000.00
841 .96
105.24
85.00
793.88
111.36
195.00
10,426.24
554.51
430.00
6.00
1,043.81
12.75
171.45
203.84
75.97
3,031.87
149 70
25.00
145.06
RECONCILED AMT
69.00
17.50
12 .39
438.00
632.00
274.00
3,557.70
63.43
68.80
53.81
30.00
333.75
149.00
57.53
25.00
196.00
12.00
300.00
300.00
900.00
314.96
149.85
225.00
50.00
40.26
159.52
25.00
24.48
500.00
534.00
375.00
1,112.96
365.20
1,000.00
841.96
105.24
85.00
793.88
111.36
195.00
10,426.24
554.51
430.00
6.00
1,043.81
12.75
171.45
203.84
75.97
3,031.87
149.70
25.00
145.06
PAGE
AP0460
VEEOT
DIFFERENCE
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
WOODBURN LIVE
DATE '/08/06
TIME 14,53,13
CHECK # l'Hh'K DATE
PAYEE NAME
c
CHECK REGISTER
T Y 0 F WOO D BUR N
STATUS
UPDATED CHECK AMOUNT
RECONCILED AMT
PAGE
AP0460
VBBOT
===~=====----===~~=~=~===-~=-=-=====-==----==-======--==--==--==========-==~=~=====-============---==-========-~==-=========~=======
DIFFBRENCE
t\)
t\)
82817
82818
82819
82820
82821
82822
82823
82824
82825
82826
82827
82828
82829
82830
82831
82832
82833
82834
82835
82836
82837
82838
82839
82840
82841
82842
82843
82845
82846
82847
82848
82849
82850
82851
82852
82853
82854
82855
82856
82857
82858
82859
82860
82861
82863
82864
82865
82866
82867
82868
82869
82870
82871
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
~/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/10/2006
2/28/2006
2/28/2006
2/28/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
NET ASSETS CORPORATION
NORCOM
NORTHWEST BIOSOL1DS MGMT
NORTHWEST NATURAL GAS
OR DEPT OF MOTOR VEHICLE
PORTLAND GENERAL BLBCTRIC
QWEST
RADIX CORPORATION
SIERRA SPRINGS
TEK SYSTEMS INC
U S CRANE & HOIST INC
UNITED DISPOSAL/ALLIED WA
UNITBD STArBS POSTAL SERV
USA SECURITY
VIKING OFFICE PRODUCTS
VP CONSULTING INC
WBN COMMUNITY ACCBSS TV
WILLIAMS ZOGRAFOS & PECK
WILSONVILLE LOCK & SECURI
WOODBURN INDEPENDENT
WOODBURN PET HOSPITAL
XEROX CORPORATION
YES GRAPHICS
VALLEY MAILING SERVICB IN
DUANB BARRICK
VALLEY MAILING SBRVICE IN
A & A DRILLING SERVICE IN
AL'S GARDEN CENTER
ALEXIN ANALYTICAL LAB INC
ALPHA PROVEN ECOLOGICAL
ANGEL OCASIO'S COMEDY
ARAMARK UNIFORM SBRVICE
AT&T
ATLANTIC TACTICAL
BIO-MED TESTING SERVICE
BUSHMASTER FIREARMS
C W RENTS
C.J. HANSEN CO INC
CDW GOVERNMENT INC
CIS, CITY CTY INS SERVS
DENNIS MAULDING/DAVIS CRE
DP NORTHWEST INC
ENVIRO CLEAN EQUIPMENT
FISHER'S SUPPLY INC
HACH CHBM I CAL CO
HR ANSWERS INC
INDUSTRIAL MACHINING & FA
INDUSTRIAL SUPPLY CO
JBT HEATING INC
KJM PROGRAM & CONSTRUCTIO
LANDMARK FORD
LANGUAGE LINE SERVICBS
LEAGUE OF OREGON CITIBS
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILBD
RECONCILED
RECONCILED
RECONCILED
RECONCILBD
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RBCONCILED
RBCONCILED
RECONCILED
RBCONCILED
RBCONCILED
RECONCILED
RBCONCILED
RECONCILED
RBCONCILED
RECONCILED
RECONCILED
RECONCILED
RBCONCILED
RBCONCILED
RECONCILBD
RECONCILED
RECONCILED
RBCONCILED
RECONCILED
RECONCILED
RECONCILED
RBCONCILED
RECONCILED
RECONCILBD
RECONCILED
RBCONCILED
YBS
YES
YBS
YES
YBS
YBS
YBS
YBS
YBS
YBS
YBS
YBS
YES
YBS
YES
YBS
YBS
YBS
YES
YES
YBS
YES
YBS
YES
YES
YES
YES
YES
YBS
YES
YES
YBS
YES
YBS
YES
YES
YES
YES
YES
YBS
YBS
YES
YBS
YES
YBS
YES
YBS
YES
YES
YBS
YBS
YES
YES
1,008.00
6,894.48
250.00
8,199.90
18.00
23,863.23
1,915.85
190.05
55.94
1,472.00
4,572.00
1,404.05
39.00
74.85
1,991.98
400.00
1,350.00
90.00
94.00
541.50
55.10
285.44
529.30
763.65
1,000.00
641.70
1,445.00
85.97
1,013.50
79.00
235.00
120.02
73.55
51. 94
42.20
57.35
224,00
262.40
302.20
799.23
350.00
440.00
458.38
480.91
407.00
1,207.10
35.00
339.71
645.00
8 , 949. 18
110.85
222.77
225.00
1,008.00
6,894.48
250.00
8,199.90
18.00
23,863.23
1,915.85
190.05
55.94
1,472.00
4,572.00
1,404.05
39.00
74.85
1,991.98
400.00
1,350.00
90.00
94.00
541.50
55.10
285.44
529.30
763.65
1,000.00
641.70
1,445.00
85.97
1,013.50
79.00
235.00
120.02
73.55
51.94
42.20
57.35
224.00
262.40
302.20
799.23
350.00
440.00
458.38
480.91
407.00
1,207.10
35.00
339.71
645.00
8,949.18
110.85
222.77
225.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
WOODBURN LIVE
DATE 1/08/06
TIME 1-1 53,13
CHEcK # CdECK DATE
~
~
82872
82873
82874
8287'>
82876
82877
82878
82879
B2B80
82881
B28B2
82883
82884
82885
B2886
82887
82888
82889
82890
82891
82892
82893
82894
B2895
82896
82897
82898
82899
82900
82901
82906
82907
82908
82909
82910
82911
B2912
82914
82918
82922
82925
82926
82927
82928
82929
82931
82932
B2942
82947
B2950
B2953
82954
82955
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17 /2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17/2006
2/17 /2006
~/17/2006
2/28/2006
2/2B/2006
2/24/2006
2/24/2006
2/24/2006
2/24/2006
~/24/2006
2/24/2006
2/24/2006
2/24/2006
2/24/2006
2/24/2006
2/24/2006
2/24/2006
2/24/2006
2/24/2006
2/24/2006
2/24/2006
2/24/2006
2/24/2006
2/24/2006
2/24/2006
2/24/2006
2/24/2006
2/24/2006
2/24/2006
ell' Y l) F WaG D B V R N
PAYEE NAME
LINDA MATHER
MAYES TESTING ENGINEERS
METROFUELING INC
NEW~AN TRAFFIC SIGNS
NOR COM
OAKMEADOWS
ONE CALL CONCEPTS INC
OR DEPT OF ADMINISTRATIVE
OR DEPT OF TRANSPORTATION
OREGON JUDICIAL DEPT
PACWEST ENGINEERING
PIPE TOOL SPECIALITIES
PORTER W YETT CO
PORTLAND GENERAL ELECTRIC
PROTHMAN COMPANY
RADIO ACCESSORY HEADQUART
RECORDED BOOKS INC
RINGEY'S RADAR
ROTH'S FOODLINER
S.O.S. LOCK SERVICE
SILVERFLEET SYSTEMS
TERRITORIAL SUPPLIES INC.
VERIZON WIRELESS
VIKING OFFICE PRODUCTS
WOODBURN SEW & VAC
XEROX CORPORATION
YES GRAPHICS
CITY OF WOODBURN PETTY CA
VALLEY MAILING SERVICE IN
A & A PEST CONTROL INC
ARAMARK UNIFORM SERVICE
AT & T
AUTO ADDITIONS INC
BATTERIES NORTHWEST
BEN KO-MATIC INC
BI MART CORPORATION
BLUMENTHAL UNIFORM & EQUI
CAREER TRACK
CH2M-HILL INC
CTL CORPORATION
DAVISON AUTO PARTS
DEPT OF CONSUMER AND BUSI
DEPT OF ENVIRONMENTAL QUA
DIESEL FITNESS
DREYER'S GRAND ICE CREAM
FARMWORKERS HOUSING DEVEL
FERGUSON ENTERPRISES INC
INDUSTRIAL WELDING SUPPLY
L&L BUILDING SUPPLIES
LES SCHWAB TIRE CENTER
LINDA HEDRICKS
MARION AG SERVICE INC
METROFUELING INC
CHECK REGISTER
STATUS
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
UPDATEL> CHECK AMOUNT
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
34 26
1,115.25
822 97
14 0.63
25,153.34
1,837.20
55.65
528.64
24.50
47.00
3,607.50
86.25
515.52
16,210.86
1,744.94
152.93
348.31
199.13
40.68
7.00
2,889.23
337.74
80.04
47.09
198.34
67.09
987.60
195.16
444.15
89.25
1,070.14
67.48
759 00
14.40
510.87
510.52
50.75
2,385.00
8,598.00
1,179.92
500.10
100.98
1,065,072.00
100.00
164.16
1,228.50
28.51
18.50
338.87
266.13
9B.69
142.50
729.40
RECONCILED AMT
34.26
1,115.25
822.97
140.63
25,153.34
1,837.20
55.65
528.64
24.50
47.00
3,607.50
86.25
515.52
16,210.B6
1,744.94
152.93
348.31
199.13
40.6B
7.00
2,869.23
337.74
80.04
47.09
198.34
67.09
967.60
195.16
444.15
89.25
1,070.14
67.48
759.00
14.40
510.67
510.52
50.75
2,3B5.00
8,598.00
1,179.92
500.10
100.9B
1,065,072.00
100.00
164.16
1,228.50
28.51
18.50
338.87
266.13
98.69
142.50
729.40
PAGE
AP0460
VEEOT
DIFFERENCE
~
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
WOODBURN LIVE
DATE 3/08/06
TIME 14,53,11
C I T I 0 F WOO D BUR N
CHECK REGISTER
CHECK # CHECK DATE
PAYEE NAME
STATUS
UPDATED rHECK AMOUNT
RECONCILED AMT
~-;~=========~~-~=====-=-========-=====~=========~=-====-===~=~==~====~====~======-================-============-~======-~==========
82961 2/24/2006 NICHOLAS D WILSON RECONCILED YES 120.66 120.66
82962 2/24/2006 NORTH COAST ELECTRIC CO RECONCILED YES 10.64 10.64
82963 2/24/2006 NORTH CREEK ANALYTICAL IN RECONCILED YES 1,351.90 1,351.90
82966 2/24/2006 OR DEPT OF CONSUMER RiXONCILED YES 65.34 65.34
82969 2/24/2006 PRIER PIPE & SUPPLY INC RECONCILED YES 126.82 126.82
82972 2/24/2006 QUARTERMASTER R ECONC I LED YES 60.91 60.91
82973 2/24/2006 R.B & G. CONSTRUCTION, LL RECONCILED YES 192,130.60 192,130.60
82976 2/24/2006 SCHETKY NORTHWEST SALES RECONCILED YES 123.63 123.63
82978 2/24/2006 SONITROL RECONCILED YES 110.00 110.00
82979 2/24/2006 SPECIAL ASPHALT PRODUCTS RECONCILED YES 198.80 198.80
82983 2/24/2006 UNIVAR USA INC RECONCILED YES 586.63 586.63
82~90 2/24/2006 WESCO DISTRIBUTION INC RECONCILED YES 250.54 250.54
82993 2/24/2006 WITHERS LUMBER RECONCILED YES 633.87 633.87
82994 2/24/2006 WOODBURN FERTILIZER RECONCILED YES 1,487.10 1,487.10
82995 2/24/2006 WOODBURN INDEPENDENT RECONCILED YES 205.00 205.00
82996 2/24/2006 XEROX CORPORATION RECONCILED YES 122.42 122.42
82997 2/24/2006 YES GRAPHICS RECONCILED YES 142 .50 142.50
BANK AP TOTAL, 228 CHECKS
1,549,454.91 1,549,454.91
RECONCILED 228 CHECKS 1,549,454.91
NOT RECONCILED CHECKS .00
VOIDED CHECKS .00
UPDATED 228 CHECKS 1,549,454.91
NOT UPDATED CHECKS .00
N
~
PAGE
AP0460
VEEOT
DIFFERENCE
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
~~.~>
~
WOODBURN
IlfcorporartJ f8~9
8G
~~
.
.
March 8, 2006
FROM:
Honorable Mayor and City counCil~OU9h City Administrator
Public Works Program Manager ~
TO:
SUBJECT:
City of Canby Proposed Commuter Bus Transportation Between
Canby and Woodburn
INFORMATION:
The City of Canby is looking to improve the public transportation services that it
provides. The City of Canby opted out of Tri-Met in 2002 and utilizes the
previous Tri-Met payroll tax to fund their public transportation service, Canby
public transportation is provided free to users, Canby public transportation
officials have had requests for some time for service to Woodburn, They have
proposed the attached scope of work that will provide nine commuter and
clinic/shopping round trips daily between Canby and Woodburn. A primary
destination for this commuter service would be the Park and Ride lot that is
being planned near the 1-5 interchange, Canby offers service to Oregon City
where they connect to Tri-Met's Portland service, Canby also offers connections
to Wilsonville and Molalla from their transit center.
Funding has not been fully determined at this time but a major component
would be federal Job Access Reverse Commute (JARC) funding that is
available from existing JARC funds that the Salem Transit District has available,
JARC funds must be used for new service. JARC funds require a 50% local
match that Canby is willing to fund the required 50% local match, Canby is
looking at this as a test program and at this time there appears to be JARC
funds available for two years of service. JARC funding past the two-year point is
not known at this time,
The City along with the City of Canby and Salem Transit District is looking at
funding for this proposed program and some decision should be made in the
next two weeks, The City will be receiving significant additional federal Section
5311 small city and rural operating assistance grant funding next fiscal year and
plans for this funding will be discussed during budget committee meetings. The
City will look at utilizing this increased grant funding to expand slightly the city
Agenda Item Review: City Administrat
City Attorney _
Finance- .
25
Honorable Mayor and City Council
March 8, 2006
Page 2
.
.
fixed route bus hours of service so that persons using the Canby service can
utilize the city fixed route service to continue their trip, The expanded city
service would also allow residents to connecting with the Canby bus, The City
will also be looking at the potential for using a part of this additional grant
funding to help the City of Canby subsidize this commuter and clinic/shopping
service that will give Woodburn residents more transportation options,
The City of Canby has come up with a proposed route structure that is being
refined but is near final form, If the funding situation becomes clearer and a
good route structure is available, a presentation on the proposed funding and
route structure and timing may be scheduled for Council's April 10, 2006
meeting,
26
Scoue of Work
The City of Canoy is seeking to improve puolic transportation services in No. Marion and
So. Clackamas Counties, specifically between the Cities of Canoy and Woodbum. TIle
City of Canoy prorXlses that it utilize its Canoy Area Tnlllsit (CAT) public transportation
progrwn to provide this new "commuter" oriented service. The City of CWIby
administers the CAT service Wld currently contracts the operations portion with Wheels
Community TrwIsportation, a division of Oregon Housing & Associated Services, Inc.
(OHAS). All related wId required data collection is provided by Wheels and the route
planning and oversight is done by the Transit Director tc.lr the City of Canby,
The "commuter" service will utilize one (I) in-service vehicle Wld one (I) hack-up
vehicle, both owned by the City. The proposed "commuter" route will commence
operation on July I, 2006 and operate Monday through Friday from 6:00 AM to
approximately 6:30 PM, except for the following holidays: New Years Day, Memorial
Day, Independence Day, Labor Day, Thanksgiving Day, WId Christmas, There will be
nine schedule round trips daily. Each round trip will be approximately 1.5 hours and will
be approximately 27 miles. There will be an estimated 13.5 revenue hours and 243
service miles,
This proposed "commuter" route will provide a total of five commuter trips each day.
There will be two outbound AM departures at 06:00 and 07:30 from the Canby Station to
Woodburn~ and, three returning commuter trips departing Woodburn (North Park Plaza)
at 15:38, 17:08, and 18:38. The remaining four round trips scheduled during the mid-day
will provide trWlsportation to the general public for shopping, medical clinics and other
general trip purposes.
Designated/scheduled stops will include the Canby Station, Barlow Rd., Aurora, Hubbard
and Woodburn (North Park Plaza, Woodburn Park & Ride).
Wheels will recruit, train and assign all the required drivers to satisfactorily staff this
service, In addition, Wheels will provide the route training, dispatching, and road
supervision operational components from its Canby, Oregon "Operations Center",
Wheels will provide driver training and other administrative functions from its Salem,
Oregon corporate headquarters. The City of Canby will provide vehicle insurance,
vehicle fuel, vehicle maintenance and a facility to manage and operate this "commuter"
service from
27
Canby- Woodburn Proposed Route
Dailv Monthly Annual
Revenue Servil:e
Hours 13.5 287 3,442
Revenue Mileage
261 5,546 66,555
Cost at l:urrent Rate
$474 $10,089 $121,072
Fuel Expense at
to mpg 2.25/gal $58 $1,247 $14,974
Marl:h I, 2006
Cunoy- Woounum Route
28
~
WOODBURN
I It , (1 , "" , " r ~ II f If J 9
~~8H
.
.
March 9, 2006
TO: Mayor and City Council through City Administrator
FROM: Scott D. Russell, Chief of Police
SUBJECT: CaDital OutlaY Transf,r
I~FORMAnON ONL V:
Information to Council regarding the City Administrator's authorization of the
transfer of $3,100,00 from one item to another within the Police Capital Outlay
Budget.
BACKGROUND:
Upon review of the capital outlay items within the FY 2005-2006 Police
Department budget the department located $3,100.00 that was allocated for
canopies for two (2) new Code Enforcement vehicles leased this year. The
department was able to negotiate the canopies as part of the lease and
therefore was not required to purchase them outright as was Initially believed.
The only other item requested in capital outlay by the department in the initial
submission for FY 2005-2006 budget was a flexible ballistic shield, which was not
recommended due to lack of available funding,
The flexible ballistic shield is utilized by officers when approaching armed
subjects or during high-risk encounters with subjects who may be armed, The
ballistic shield provides protection for officers in addition to their body armor and
will stop handgun rounds, The shield weighs only 12 pounds and can be easily
handled by the lead officer in a tactical formation.
DISCUSSION:
On a routine basis police officers are called upon to contact and approach
subjects in high-risk situations in which officers believe the subject has been or
may be currently armed with a handgun. In such situations officers are trained
to utilize available cover (something that will stop a bullet not just conceal
them) and give a subject direction from that available cover, Unfortunately,
adequate cover is not always available when making high-risk contacts.
Additionally, some subjects will not compl Ith commands from officers an try
Agenda Item Review: City Administrato
City Attorney _
Finane'
29
Mayor and City Council
March 9, 2006
Page 2
.
.
to leave the area. In these circumstances officers must expose themselves
without cover and approach the subject(s). The flexible ballistic shield provides
officers cover that Is flexible and mobile and can be taken anywhere It Is
needed, including Into the path of a subject trying to avoid pollee contact. The
ballistic shield is also useful in:
. Mounting an offense when faced with an active shooter situation
. Providing cover when rescuing Injured citizens exposed to gunfire or In an
,. officer down" rescue situation
. Providing cover for officers deploying less lethal weapons
. Providing cover to officers making a dynamic entry to a building
. Protecting bystanders from suspicious packages
The flexible ballistic shield system will provide an important life safety tool to our
police officers, The City Administrator reviewed these needs and based upon
the departments request authorized the expenditure of the already budgeted
Capital Outlay Funds for this item.
FINANCIAL IMPACT:
Total cost for the flexible ballistic shield system will be $3,100. Funds are available
from the previously approved Police Capital Outlay Budget for the current year,
30
~
;' ~
. a..'
WQODBURN
r.,,,,,,,,rAltJ 1&6'1
llA
~~
.
.
March 13, 2006
TO: Mayor and City Council through City Administrator
FROM: Ben Gillespie. Finance Director ~
SUBJECT: Revision to Business Registration Ordinance
RECOMMENDATION:
It is recommended the Council adopt the attached ordinance.
BACKGROUND:
At its January 9,2006 meeting, the Council reviewed a proposed amendment to
the existing Business Registration Ordinance, and directed staff to return a
streamlined, unambiguous, internally consistent, modernized ordinance.
Finance staff evaluated ordinances from eight other cities and borrowed
heavily from two of those in developing a revised draft ordinance for Woodburn.
City Legal, Administrative, and Finance staff collaborated extensively to further
craft the ordinance into a document that accomplishes the Council's directive.
DISCUSSION:
The attached draft reflects a significant change from the current ordinance.
Changes were made to define purpose, terms, applicability, and process; to
eliminate superfluous and duplicative provisions; and to specify the use of
proceeds. Of note is the addition of a definition for "home occupations" as the
fee schedule makes a distinction between home occupation businesses and all
other businesses. Home occupations are defined in a way that is consistent with
the Woodburn Development Ordinance.
The ordinance also reflects the deal points negotiated between staff and
representatives of the business community. These are:
· The exemption for businesses grossing less that $2,500 per year is
eliminated.
Agenda Item Review: City Administrata _
City Attorney _
FinancJ
31
Mayor and City Council
March 13, 2006
Page 2
.
.
· The exemption for Home Occupations is eliminated.
· Persons operating two or more residential rental units must register. Under
the current ordinance owners of a single rental unit must register. The new
provision makes a distinction between those renting a single unit to
supplement their income and those who are engaged in operating rental
properties.
· The revised fee schedule eliminates the application fee.
· That a portion of the proceeds from the registration fee in excess of those
used to recoup administrative costs are dedicated to law enforcement;
and
· Permanent reduction of staffing from, or elimination of, the Community
Response Team triggers City Council review of the ordinance.
The primary reason for revising the ordinance was to help fund the Community
Response Team. The attached ordinance sets fees as follows:
Home occupations businesses
All other businesses
Second businesses
Transfers of ownership or location
$25 per year
$50 per year
$20 per year
$20
Pursuant to the draft ordinance, fees will be evaluated annually by the Council
as part of the Master Fee Schedule.
The Chamber has endorsed these changes.
FINANCIAL IMPACT:
Annual revenue from Business Registration fees is expected to increase from
$20,000 to $60,000 per year. Because the fees will be in effect for only part of
2005-06. additional revenue this year is expected to be $15,000.
32
',"
COUNCIL BILL NO:
ORDINANCE NO:
AN ORDINANCE PROVIDING FOR THE REGISTRATION OF BUSINESS WITHIN THE CITY
OF WOODBURN; ESTABLISHING A REGISTRATION PROCESS: AND PROVIDING A
PENALTY FOR VIOLATION THEREOF; AND SETTING AN EFFECTIVE DATE.
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Purpose. The registration required and restrictions imposed by
this ordinance are enacted primarily for the purpose of regulation of businesses.
The public's interest is served by insuring that regulated businesses will be carried
on in continuing compliance with applicable laws and ordinances and in a
manner which does not detract from the public health, safety, or welfare. In
addition, this ordinance is enacted to recoup the necessary expenses required
to undertake the administration and enforcement of this ordinance and to
provide revenue for law and code enforcement purposes. The payment of a
registration fee required hereunder and the acceptance of such fee and
issuance of a business registration certificate by the City shall not entitle the
registrant to carry on any business not in compliance with all the requirements of
City ordinances and all other applicable laws.
Section 2. Definitions. For the purpose of this ordinance, the following
terms, phrases, and words are defined as follows:
A, "Business" means any vocation, occupation, profession, enterprise,
establishment, or any activity, together with all devices, machines, vehicles and
appurtenances used therein, any of which are conducted for private profit or
benefit, either directly or indirectly, on any premises in the City. This definition
includes any transaction involving the rental of property, the manufacture or
sale of goods, or the sale or rendering of services other than as an employee.
B.
"The City" means the City of Woodburn, Oregon.
C.
Oregon.
"City Council" means the City Council of the City of Woodburn,
D. "City Administrator" means the City Administrator or any officer or
employee designated by that person to perform duties described in this
ordinance
Page 1 - Council Bill No.
Ordinance No,
33
E. "Garage Sale" means a commercial activity, open to the public.
conducted at a private residence where personal property is sold or auctioned
to others, provided the number of sale days at a particular residence does not
exceed three (3) days per occurrence, and no more than two (2) occurrences
per calendar year.
F. "Person" means and includes individual natural persons,
partnerships, joint ventures, societies. associations, clubs, trustees, trusts or
corporations or any officers, agents. employees or any kind of personal
representatives thereof, in any capacity, either on that person's own behalf or
for any other person. under either personal appointment or pursuant to law.
G. "Home occupations" means businesses that conform to the
definition of Home Occupations under chapter 2.203.12 in Woodburn
Development Ordinance as determined by the City Administrator.
H. "Residential Rental Unit" means separate living quarters. which are
rented, leased, or let in exchange for full or partial monetary compensation.
I. "Government Entities" means the federal government, the State of
Oregon, a county, a special district, or a municipality.
Section 3. Reaistration Reauired.
A. No person shall engage in any business within the City or transact
any business specified in this ordinance, without first obtaining a registration
certificate and paying the fee prescribed. The provisions of this ordinance shall
be in addition to any other fee or registration requirements imposed by the City
of Woodburn, unless otherwise specified.
B. A person engaged in business in more than one location, or in more
than one business registered under this ordinance at the same location, shall
make a separate application for each business or location, provided however
that the fee for second and subsequent businesses shall be twenty dollars
($20.00). Warehouses and distributing plants used in connection with and
incidental to a business shall not be deemed a separate place of business.
Separately franchised operations shall be deemed separate businesses even if
operated under the same name.
C, A person representing himself/herself, or exhibiting any sign or
advertisement that he/she is engaged in a business within the City shall be
deemed to be actually engaged in such business and shall be liable for the
payment of such registration fee and subject to the penalties for failure to
comply with the requirements of this ordinance.
Page 2 - Council Bill No.
Ordinance No.
34
D. No person shall maintain or operate two or more residential rental
units without first obtaining a business registration certificate and paying the
prescribed fees.
Section 4. ExemDtlons. The following entities and types of activities are
exempt from regulation under this ordinance. The person asserting an
exemption under this ordinance shall have the burden of establishing eligibility
for the exemption.
A. Nothing in this ordinance shall be construed to apply to any person
transacting or carrying on any business within the City of Woodburn, which is
exempt from taxation, by the City by virtue of the Constitution of the United
States or the Constitution of the State of Oregon.
B. No person whose income is based solely on a wage or salary shall,
for the purpose of this ordinance, be deemed a person transacting or carrying
on any business in the City, and it is the intention that all registration taxes and
fees will be borne by the employer.
C. Any business paying a franchise tax or transient occupancy tax
under City ordinances is exempt from the requirements of this ordinance.
D. Persons whose sole business activity is making deliveries or taking
orders from duly registered businesses within the City are exempt from this
ordinance.
E. Activities conducted pursuant to a special events permit issued by
the City are exempt from the requirements of this ordinance.
F. Producers of farm products raised in Oregon, produced by
themselves or their immediate families, who sell, vend, or dispose of such
products within the City is exempt from this ordinance.
G. Nonprofit organizations, religious organizations, civic organizations
and clubs wishing to canvass for funds or sell door-to-door to raise funds, or
conduct fund-raising events to be used solely for the purpose for which the
organization was created, and from which no third party receives a profit are
exempt from the requirements of this ordinance.
H. A builder who is registered under ORS 701.055 and is employed as a
subcontractor working for a contractor possessing a valid business registration
issued by the City of Woodburn is exempt from this ordinance.
Page 3 - Council Bill No.
Ordinance No.
35
I. Garage sales as defined in this ordinance are exempt from the
requirements of this ordinance.
J, Any person required to be licensed through any other City
ordinance including, but not limited to activities such as, peddlers and solicitors,"
"public dances," or other licensed activities is exempt from this ordinance.
K. Government entities are exempt from the requirement of this
ordinance.
Section 5. ~itv Administrator Authoritv.
A. The City Administrator may adopt reasonable rules and regulations
in order to carry out the provisions of and for enforcement of the provision of this
ordinance. The Administrator shall prescribe forms for business registration
application. The Administrator shall review or cause to be reviewed application
for and renewals for business registrations, and shall submit such applications to
appropriate City departments for investigation to determine and comment on
the applicant's compliance with City ordinance and other rules.
B. The City Administrator shall have the authority to approve, approve
with conditions, or deny any application for or renewal of a business registration.
If the Administrator determines that the application should be denied or
approved with conditions, the Administrator shall notify the applicant in writing
of the decision. The notice shall state the reason for the decision and inform the
applicant of the provisions for appeal. If the Administrator's decision is to
approve without conditions, issuance of the registration is notification of the
decision and it does not need to state any reason or appeal rights.
Section 6. ADDlication Reauirements.
A. Application for business registration shall be made to the City at
least 30 days prior to the date the registration is requested to be effective. The
application forms shall provide for information necessary to determine the
identity and address of the applicant and of the owner of the business to be
registered and shall provide for other information as may be requested by the
City Administrator. The application shall be signed by the applicant and shall
constitute the applicant's consent for the City to conduct an investigation of the
applicant's request including permission to enter property to be used in
conducting the business. The applicant shall submit information necessary to
evaluate the applicant's request and to determine compliance with applicable
City of Woodburn ordinances, If the applicant fails to supply information so
required or submits false or misleading information, the registration may be
denied and if issued, may be revoked.
Page 4 - Council Bill No.
Ordinance No.
36
B. Applications shall be accompanied by any required fee.
Application fees shall be non-refundable.
Section 7. Criteria for Approval or Denial.
A. Approval or denial of an application for initial issue or renewal shall
be based on consideration of all available evidence indicating whether or not
the applicant meets the requirements of City ordinances. In the event no
grounds exist for denial of a certificate, a certificate shall be issued.
B. Any of the following may be grounds for denial of the certificate:
1. Any false of incomplete statement made or acknowledged
on the application form: provided, however, that in the event such statement is
the result of excusable neglect, the applicant may resubmit an application with
appropriate corrections.
2. The business activity would not comply with City ordinances
and could not be made to comply through the imposition of appropriate
conditions.
3. A previous history of unlawful business activity by the
applicant, which, if continued would be grounds for revocation of the
certificate.
4. The business activity would endanger persons or property.
Section 8. Reaistrations and Renewals.
A. Business registration is valid for one year.
B. Business registrations shall be renewed by the payment of the
annual fee on or before the anniversary date of the original issuance of the
business registration.
C. The renewal application will indicate any change in use. ownership,
or location of the business.
Section 9. Term. Transfers and Relocations.
A. Term: A business registration issued under this ordinance shall be
valid for one year from the date of issuance.
Page 5 - Council Bill No.
Ordinance No.
37
B. Transfer: In the event of the transfer of ownership of any business,
the applicable registration certificate may be transferred by application to the
City Administrator. An application shall be accompanied by a transfer fee.
C. Relocation of Existing Business: In the event a business relocates, the
business shall reapply to the City Administrator to transfer the business
registration.
Section 10. Fee.
A. As of the effective date of this ordinance fees shall be:
1. All businesses, excepting home occupation businesses, shall
pay an annual fee of fifty dollars ($50.00).
2. Home occupation businesses shall pay a reduced annual fee
of twenty-five dollars ($25.00).
3. The transfer of ownership fee shall be twenty dollars ($20.00).
B. Future future fees shall be set as part of the Master Fee ordinance.
Section 11. Use of Revenue. Revenue derived from Business Registration
fees shall be used to recoup the cost of administering and enforcing the
program. Any fees collected in excess of amounts necessary to recoup the
costs of program administration and enforcement shall be dedicated to support
the activities of the Police Department's Community Response Team.
Elimination of that team or a permanent reduction of that team below FY 2005-
06 staffing levels, by City Council policy choice, shall trigger a review of Sections
10 and 11 of this ordinance.
Section 12. Revocation of Reaistratlon. The City Administrator, upon
determining that unlawful business activity is occurring or has occurred, or that a
business would not qualify for a license pursuant to this ordinance, shall notify
the licensee in writing that the license is to be revoked. The notice shall be sent
at least thirty (30) days before the date of revocation. If the activity giving rise
to the need for the revocation proceedings is discontinued, the City
Administrator may terminate the proceedings. A notice of revocation shall state
the reason for the revocation and inform the licensee of the provisions for
appeal.
Page 6 - Council Bill No.
Ordinance No.
38
Section 13. Aooeal.
A. A business whose registration has been denied renewal, or is to be
revoked, may within thirty (30) days after the notice of denial, or revocation is
mailed, appeal in writing to the City Council. The appeal shall state:
1. The name and address of the appellant;
2, The nature of the determination being appealed;
3. The reason the determination is incorrect; and
4. What the proposed determination of the appeal should be.
B. An appellant who fails to file such a statement within the time
permitted waives his/her objections, and the appeal shall be dismissed. If a
notice of revocation is appealed, the revocation does not take effect until final
determination of the appeal. The City Council shall hear and determine the
appeal on the basis of the written statement and such additional evidence as it
considers appropriate.
C. At the hearing, the appellant may present testimony and oral
argument, personally or by counsel, and any additional evidence. The rules of
evidence as used by courts of law do not apply, and the decision of the City
Council after the hearing is final.
Section 14. Disolav Reauired. All registration certificates issued in
accordance with this ordinance shall be openly displayed in the place of
business or kept on the person or on the vehicle of the person registered. Failure
to display or carry such registration shall be deemed a violation of this
ordinance.
Section 15. Violation - Penaltv.
A. A violation of any provision of this ordinance constitutes a Class 2
civil infraction and shall be processed according to the procedures contained in
the Woodburn Civil Infractions ordinance.
B. A finding that a person has committed a violation of this ordinance
shall not act to relieve the person from payment of any unpaid business fee,
including delinquent charges, for which the person is liable. The penalties
imposed by this section are in addition to and not in lieu of any remedies
available to the City.
Page 7 - Council Bill No.
Ordinance No.
39
Section 16. DelinQuency Charae. In addition to the business registration
fee required by this ordinance, a delinquency charge in the amount of 50% of
the applicable fee shall be assessed if the annual renewal fee is not paid within
15 days after the anniversary date of the original issuance of the business
registration.
Section 17. Severabillfll. Each portion of this ordinance shall be deemed
severable from any other portion. The unconstitutionality or invalidity of any
portion of this ordinance shall not invalidate the remainder of this ordinance.
Section 18. Effective Date. This ordinance shall be in full force and effect
on April 17, 2006.
Approved as to form:
City Attorney
Date
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 City Recorder
City of Woodburn, Oregon
Page 8 - Council Bill No.
Ordinance No,
40
~
WQQDBU~N
l.c~"o'#r,J 181'
~ ~llB
.
.
March 6, 2006
TO:
FROM:
Mayor and City Council thrOUghO:~ ~dministrator
Ben Gillespie. Finance DirectorvYl
Ambulance Rates
SUBJECT:
RECOMMENDA liON:
It is recommended that the Council adopt the attached resolution setting
ambulance rates.
BACKGROUND:
At their February 27, 2006 meeting the Council conducted a public hearing to
consider a request from Woodburn Ambulance to increase rates. At the
conclusion of the hearing the Council directed that an ordinance should be
returned setting the new rates.
FINANCIAL IMPACT:
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.
Agenda Item Review: City Administrator _
City Attorney
Finance.
41
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION ESTABLISHING RATES AND CHARGES FOR AMBULANCE SERVICES IN
ACCORDANCE WITH THE FRANCHISE GRANTED TO WOODBURN AMBULANCE
SERVICE, INC. AND REPEALING RESOLUTION 1698.
WHEREAS, Woodburn Ambulance Services, Inc. has been granted a
franchise to provide ambulance services within the City of Woodburn per
Ordinance 2324: and
WHEREAS, Section 6 of said franchise ordinance provides for the separate
establishment of ambulance services rates and charges; and
WHEREAS, a public hearing was held on February 27, 2006 to review the
justification for increasing the current rates and charges for ambulance services;
and
WHEREAS, the franchisee has submitted satisfactory evidence to the City
Council to justify the requested rates; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the request of Woodburn Ambulance Services, Inc., for
rates and charges for ambulance services be approved as follows:
Basic Life Support
Advance Life Support I
Advance Life Support"
Mileage, per mile
Ambulance Membership Policy (per year)
$840.00
$937.00
$975.50
$ 18.25
$ 50.00
Section 2. Resolution 1 698, passed on September 23, 2002, is hereby
repealed.
Approved as to form:
City Attorney
Date
Approved:
Kathryn Figley, Mayor
Page 1 - Council Bill No.
Resolution No.
42
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant City Recorder
City of Woodburn, Oregon
Page 2 - Council Bill No.
Resolution No.
43
..A~. .
~
WQ.QDBURN
1~(~"Dr..tJ 188~
llC
~~
.
.
March 13, 2006
TO:
Honorable Mayor and City Council
FROM:
John C. Brown, City Administrator
SUBJECT:
Amendment to Agreement for Periodic Review Consulting Services
RECOMMENDATION:
It is recommended the City Council:
1) authorize the City Administrator to execute the attached Amended
Agreement for Consulting Services with Winterbrook Planning, for fiscal year
2005-06, and
2) adopt the attached resolution approving the transfer of $15,000 from
General Fund Contingency (001-901-9971-5921) to the Planning budget (001-
511-5821-5419) .
BACKGROUND:
The City contracted in 2001 with Winterbrook Planning (Winterbrook) to provide
professional and technical support needed to complete the City's comprehensive
plan periodic review tasks. The contract was amended six times between 2001 and
2004. Amendments increased the scope of Winterbrook's assignment and
compensation due Winterbrook for that work.
In August 2004, the City Council authorized the City Administrator to execute an
agreement with Winterbrook that superceded all previous contracts and defined all
work to be conducted during fiscal year 2004-05, at a not-to-exceed cost of
$20,000. That agreement was amended twice in 2005, to expand the scope of
work to: take the lead on completing the City's Periodic Review work program;
coordinate with City legal staff to develop the findings and justification reports
needed to implement the Council's decision; and to review, update, and compile
the material needed to support those primary documents. Compensation under
the agreement was increased by $45,000 to a total of $80,000.
Agenda Item Review:
City Attorney
Finance
44
Honorable Mayor and City Council
March 13, 2006
Page 2
.
.
DISCUSSION:
Winterbrook recently advised that the monies budgeted for services through June
30, 2006 are expended, because the firm was asked to complete work outside the
scope of the agreement (Attachment 1). The firm proposes to discount the amount
it will bill for these services, and to further discount rates in the future if needed, but
requests a $10,000 contract amendment to cover cost overruns and the estimated
cost to complete work remaining under the agreement. This estimate does not
account for costs associated with unforeseen or extraordinary circumstances.
As it is appropriate to compensate Winterbrook for services rendered, and because
the firm's services are still needed to support the City's periodic review efforts, it is
recommended Winterbrook's agreement be amended to increase the contract
amount from $80,000 to $90,000. This change is reflected in the attached
Addendum to Agreement for Consulting Services.
Winterbrook has consistently provided the City with its best estimates of cost. The
technical complexity of this project and the unpredictability of public processes,
however, have repeatedly required the City to expend funds in excess of
Winterbrook's projections. Accordingly, and because the current Winterbrook
estimated does not anticipate prolonged deliberations when Marion County
considers this matter, it is recommended that $15,000 be transferred to the Planning
budget. Only $10,000 will be included in the contract; the remainder will be held in
reserve, and used to offset any further unforeseen costs that may occur prior to
June 30,2006. Unused funds will be returned to the General Fund fund balance for
July 1, 2006.
Attached is a resolution approving a contingency fund transfer to the Planning
budget in the amount of $15,000.
FINANCIAL IMPACT:
The attached amended agreement increases total compensation for Winterbrook
under the August 2004 contract to $90,000 and provides an additional $10,000 to
compensate services to be provided in fiscal year 2005-06. To date, $265,000 has
been expended to assist with periodic review and related tasks. Of that. $230,000
was provided by the General fund, and $35,000 was provided by a state grant. The
attached contingency fund transfer reduces the Contingency fund by $15,000, and
leaves a balance of $992,641 (10.9% of General Fund expenditures) in that budget.
Attachments:
Draft Amended Agreement for Consulting Services
Resolution approving a Contingency Fund Transfer
45
.._.7
..
- ,.
---= -
ATTACt1MENT ~ REC'O
Page -L- of
FEB 2 1 2006
W0008URN
COY ~OM'N'S'TRATOR'S OffiCE
February 17, 2006
John Brown, City Administrator
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
Dear John:
Enclosed is an invoice for services provided under the current Woodburn Comprehensive
Planning Manager contract. This invoice is for $36,773.63 and includes completion of
Tasks 1 (UGB Justification Report / Findings), 4 (City Adoption Process/Planning
Director), 5 (Report and Plan Revisions) and 6 (Plan & Zone Amendments Unrelated to
Periodic Review). The invoice also covers limited coordination work on Tasks 2 (Marion
County) and 3 (DLCD and ODOT).
As you know, the budget for Tasks 1-6 is $45,000. Were it not for two unforeseen work
tasks discussed in the next paragraph, there would have been just over $8,000 left to
complete Coordination Tasks 2 and 3.
This invoice does not include work on tasks beyond the scope of work authorized under
our agreement for services. As discussed on Monday, Winterbrook spent over four
person weeks on two unanticipated work tasks: (1) responding to unexpected Council
concerns expressed at a deliberation session the week prior to Council adoption of the
Periodic Review Plan Amendment Package in late October; and (2) review of Assistant
City Attorney findings and compilation of the record to ensure completeness and
accuracy. If billed at our contract rates, these two unanticipated task would result in a
combined additional cost of $13,816,50. (On Monday we had not accounted for all the
time spend on compiling the record.)
As a result, we are now $5,590 over budget. Additional work remains on Tasks 2
(Marion County Coordination) and 3 (DLCD and ODOr Coordination) to get through the
Marion County and LCDC review processes.
To address this overage and retain sufficient funds to shepherd the 2005 Periodic Review
Amendment Package through County and State review, we propose the following:
1. Winterbrook will discount the cost of our out-of-scope work by $3,816,50 (28% of
the total overage cost of $13,816.50), To cover these costs, we request a contract
Wlnterhrook Planning
'>!O .":'W t lJurth /\ve. SUite 1100 f 'orthnc1, <.. )r<,~un '),~~O+ iO".82.;. ++ 2.2. VUll-.e iOj. 82.7.+"10 b, www.wlnterbrookpLlnntng..com
COMMU~ITY · RESOURCE · PLA~~I~G
46
City of Woodburn
February 17,2006
Page 2
ATTACHMENT
Page ~ of
amendment of $10,000. If the contract amendment is approved, we will send an
invoice for $10,000 to cover approved out-of-scope costs.
2. The proposed contract amendment would retain just over $8,000 in Fiscal Year 2005-
06 for completion of the county and state review processes. It is possible that we will
need to devote additional time on these tasks. If we go over the $8,000 figure, I will
commit to providing up to $2,000 worth of additional time in FY 2005-06 at no
additional costs to the City.
I hope this offer demonstrates Winterbrook's continued commitment to seeing this
project through to completion.
Thank you for your consideration.
Sincerely,
~~in(!:~
Principal
Page 2
47
"..
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE TRANSFER OF OPERATING CONTINGENCY
APPROPRIATIONS DURING FISCAL YEAR 2005-06.
WHEREAS, Oregon Revised Statues 294.450 allows for the transfer of operating contin-
gency appropriations within a fund to an existing appropriations category within the same fund
during the year in which appropriations are made, and
WHEREAS, a transfer of General Fund operating contingency appropriations is necessary
to provide for the completion of the Periodic Review of the City's comprehensive land use plan,
NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That authorization is hereby given to transfer the following operating contin-
gency appropriations:
GENERAL FUND:
Transfer from
Operating Contingency
(001.901.9971.5921) $15,000
Transfer to:
Planning Department-Other Professional Services
(001.511.5821.5419) $15,000
Approved as to form:
City Attorney Date
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 City Recorder
City of Wood bum, Oregon
Page 1 - Council Bill No.
Resolution No,
48
ADDENDUM TO AGREEMENT
FOR CONSULTING SERVICES
BETWEEN CITY OF WOODBURN
AND WINTEROWD & BROOKS, llC
THIS ADDENDUM TO AGREEMENT is entered into between the City of Woodburn, an
Oregon municipal corporation, hereinafter referred to as "City," and Winterowd &
Brooks, LLC, dba Winterbrook Planning, hereinafter referred to as "Consultant."
RECITALS
WHEREAS, in August 2004 the City and Consultant executed an agreement for fiscal
year 2004-05 (the "Existing Agreement"), a copy of which is attached hereto as Exhibit
"A" and incorporated herein; and
WHEREAS, in June 2005, the Agreement was amended to increase the not-to-exceed
amount to $35,000 and expanded the scope of Consultant's services to the City, a copy
of which is attached as Exhibit "B" and incorporated herein; and
WHEREAS, in December 2005, the Agreement was amended to further expand the
scope of Consultant's services and increased the not-to-exceed amount to $80,000, a
copy of which is attached as Exhibit "C" and incorporated herein; and
,WHEREAS, the Consultant has requested, and the parties mutually agree to increase
the not-to-exceed amount by $10,000 to $90,000, to cover unanticipated costs
associated with the review and adoption of the Woodburn Periodic Review and Urban
Growth Boundary amendment package for fiscal year 2005-06.
NOW, THEREFORE, City and Consultant agree as follows:
Section 2, CONSIDERATION, contained in the Existing Agreement is revised to
read as follows:
CONSIDERATION
City shall pay Consultant a sum under the existing and amended agreements not
to exceed $90,000 for all Consultant services. However, compensation may be
less than such maximum amount and shall actually be determined on a time-and-
expense basis for labor and direct expenses Consultant incurs, as follows:
Professional Services:
Principal Planner
Senior Planner
Planning Technician
Project Assistant
$120.00
$ 95.00
$ 60.00
$ 60.00
WINTEROWD & BROOKS ADDENDUM TO AGREEMENT
PAGE 1
49
Expenses: Mileage will be reimbursed at the federal maximum per mile ($.48 in
2005); photocopies at $0.15 per page; faxes and scanning at $1.00 per page;
and direct expenses such as postage, long distance phone calls, etc., at cost.
Consultant wiU submit a monthly invoice to City indicating costs and expenses
incurred. The invoice shall include a summary of services provided. City agrees
to review the invoice, and to notify Consultant of any questions or disagreements
City might have with the invoice within ten days after receipt of the invoice. After
the ten-day period, or after questions or disagreements noted during the ten-day
period have been resolved to the satisfaction of the parties, the work performed
during the period covered by the invoice shall be considered satisfactory by City.
Payment of the invoice shall be within 30 days of accepting the invoice as
satisfactory .
With the exceptions of the modifications approved by the parties in this Addendum to
Agreement, the Existing Agreement remains in full force and effect.
WINTEROWD & BROOKS, LLC CITY OF WOODBURN
By: By:
Gregory Winterowd John C. Brown
Title: Title:
Date: Date:
WINTEROWD & BROOKS ADDENDUM TO AGREEMENT PAGE 2
50
EXHIBIT A- 9J
Page -L- of _
AGREEMENT FOR CONSULTING SERVICES
BETWEEN CITY OF WOODBURN
AND WINTEROWD & BROOKS, LLC
TffiS AGREEMENT is entered into between the City of W oodbum, an Oregon municipal
corporation, hereinafter referred to as "City:' and Winterowd & Brooks, LLC, dba Winterbrook
Planning, whose address is 310 SW 4th Avenue, Suite 1100, Portland, Oregon 97204-2305,
hereinafter referred to as "Consultant."
RECITALS
WHEREAS, City previously entered into personal service agreements with Consultant to assist
City in accomplishing planning work tasks related to Periodic Review; and
WHEREAS, Consultant has created a substantial body of work related to the completion of the
Periodic Review work tasks; and
WHEREAS, City is required to complete the Periodic Review work tasks and additional funding
is necessary for Consultant to finish its work; and
WHEREAS, City will enter into this personal services agreement with Consultant which will
supercede all prior agreements with Consultant regarding the same subject;
NOW, THEREFORE, City and Consultant agree as follows:
1. SCOPE OF WORK.
Under the direction of the Community Development Director, Consultant will assist City
in completing the following tasks:
Task I: Citizen Involvement Program. Consultant will assist City in
implementing an effective citizen involvement program consistent with Statewide
Planning Goal 1 , Citizen Involvement.
Task 2: Findings. The Community Development Director will draft the findings
with assistance from the City Attorney's office. Consultant shall provide support,
including some new research and document review.
Task 3: County Coordination. Continued coordination with Marion County will
be required to (a) ensure formal adoption of the 35,000 population projection
agreed to by County, DLCD and ODOT staff; (b) address the Growth
Management Framework Plan policies, including the requirement for an amended
intergovernmental agreement; and (c) review and modify of draft reports, if
requested by County staff.
Winterowd & Brooks Agreement
Page 1
51
exHIBll--f!--r-
Page ;..... of.-..:l--
Task 4: DLCD Coordination. Consultant will coordinate with DLCD staff
regarding reports Consultant bas prepared and the applicable process.
Task 5: City Public Hearings. Consultant shall attend at least two public hearings
- one before the Planning Commission and one before the City Council.
Task 6: Mapping Revisions. It is anticipated that Consultant will assist City in
revising the GIS maps. City's GIS specialist may also require advice and
assistance from Ecotrust, Consultant's GIS sub-consultant. Map revisions will be
needed to reflect tbe analysis and ultimate policy choices that are adopted by the
City Council.
Task 7: Reoort Revisions. Consultant anticipates that the existing reports will
need to be revised to reflect (a) the results of the public hearing process; (b) the
results of the City's small-scale map amendment review; and (c) to address legal
concerns.
Task 8; Public Facilities Review. Consultant shall assist City regarding the need
to document City's capacity to provide sanitary sewer, water and storm drainage
facilities to land within existing UGB plus several proposed expansion areas.
Task 9: General City Coordination. Consultant shall be available to respond to
questions from City staff that are not directly related to the above tasks, but are
likely to come up over the next 12 months.
Greg Winterowd, Principal Planner, sball be the project manager and shall report directly
to City. This Scope of Work replaces the Scope of Work in all previous contacts and
agreements with Consultant.
2. CONSIDERATION.
City shall pay Consultant a sum not to exceed $20,000 for all Consultant services.
However, compensation may be less than such maximum amount and shall actually be
determined on a time-and-expense basis for labor and direct expenses Consultant incurs,
as follows:
PROFESSIONAL SERVICES:
Principal Planner
Senior Planner
Planning Technician
Project Assistant
$120.00
$ 95.00
$ 60.00
$ 55,00
EXPENSES: Mileage will be reimbursed at the federal maximum per mil ($.375 in
2004); photocopies at $0.15 per page; faxes and scanning at S1.00 per page; and direct
expenses such as postage, long distance pbone calls, etc., at cost.
Winterowd & Brooks Agreement
Page 2
52
exHIBIT A
Page -2a- of cr
Consultant will submit a monthly invoice to City indicating costs and expenses incurred.
The invoice shall include a sununary of services provided. City agrees to review the
invoice, and to notify Consultant of any questions or disagreements City might have with
the invoice within ten days after receipt of the invoice. After the ten-day period, or after
questions or disagreements noted during the ten-day period have been resolved to the
satisfaction of the parties, the work performed during the period covered by the invoice
shall be considered satisfactory by City. Payment of the invoice shall be within 30 days
of accepting the invoice as satisfactory.
3. STATUS OF CONSULTANT AS INDEPENDENT CONTRACTOR.
Consultant shall be an independent contractor for all purposes and shall be entitled to no
compensation other than the compensation provided for under paragraph 2 of this
Agreement.
4. TERM.
This Agreement shall be effective from its execution through June 30, 2005, unless
either party notifies the other of termination pursuant to Sections 11 or 12. The
Agreement term may be extended upon written authorization of City.
5. INDEMNITY AND INSURANCE.
A. Indemnity: Consultant acknowledges responsibility for any and all liability
arising out of the performance of this Agreement and agrees to hold City harmless
from and indemnify City for any and all liability, settlements, loss, costs, and
expenses in connection with any action, suit, or claim resulting or allegedly
resulting from Consultant's acts, omissions, activities or services in the course of
performing this Agreement.
B. Liability Insurance: Consultant shall maintain occurrence form commercial
general liability for the protection of Consultant, City, its Council, directors,
officers, agents, and employees. Coverage shall include personal injury, bodily
injury, including death, and broad form property damage, including loss of use of
property, occurring in the course of or in any way related to Consultant's
operations, in an amount not less than $1,000,000 combined single limit per
occurrence. Such insurance shall name City as an additional insured. Consultant
shall provide to City a certificate of insurance evidencing coverage.
C. Workers Compensation Coverage: If Consultant employs one or more subject
workers, Consultant hereby certifies that they have qualified for State of Oregon
Worker's Compensation coverage either as a carrier-insured employer or as a self-
insured employer. Consultant shall provide to City a certificate of insurance (be
they carrier or self-insured) evidencing coverage.
Winterowd & Brooks Agreement
Page 3
53
i:XHIBIT ~
Page~ of ~
6. METHOD AND PLACE OF GIVING NOTICE. SUBMITTING BILLS.
MAKING PAYMENTS.
All notices, bills and payments shall be made in writing and may be given by personal
delivery or by mail. Notices, bills and payments sent by mail should be addressed as
follows:
CITY:
James Mulder
Community Development Director
City of Wood bum
270 Montgomery St.
Woodburn, OR 97071
CONSULTANT:
Greg Winterowd
Winterowd & Brooks, LLC
310 SWFourthAve., Suite 1000
Portland, OR 97204-2305
When so addressed, such notices, bills and payments shall be deemed given upon deposit
in the United States mail, postage prepaid.
7. WORK IS PROPERTY OF CITY.
All work, including, but not limited to documents, drawings, papers, electronic media,
and photographs, performed or produced by Consultant under this Agreement, shall be
the property of City.
8. LAW OF OREGON.
The Agreement shall be governed by the laws of the State of Oregon. Venue shall be in
the Marion County Circuit Court. Consultant, by executing this agreement, hereby
consents to the in personum jurisdiction of said court.
9. SUCCESSORS AND ASSIGNMENTS.
A. Each party binds itself, and any partner, successor, executor, administrator, or
assign to this Agreement.
B. Neither City nor Consultant shall assign or transfer their interest or obligation
hereunder in this Agreement without the written consent of the other. Consultant
must seek and obtain City's written consent before subcontracting any part of the
work required of Consultant under this Agreement. Any assignment, transfer, or
subcontract attempted in violation of this subparagraph shall be void.
Winterowd & Brooks Agreement
Page 4
-54--
t:XH1BIl n
Page ~ of Clf
C. In the event Consultant assigns, transfers or subcontracts any of the work
contemplated or necessitated by the terms of this Agreement to some third party,
Consultant will ensure that said third party is made subject to all the terms and
conditions of this Agreement.
10. RECORDS.
Consultant shall retain all books, documents, papers, and records that are directly
pertinent to this Agreement for at least three years after City makes final payment on this
Agreement and all other pending matters are closed.
Consultant shall allow City, or any of its authorized representatives, to audit, examine,
copy, take excerpts from, or transcribe any books, documents, papers, or records that are
subject to the foregoing retention requirement.
11. BREACH OF AGREEMENT.
Consultant shall remedy any breach of this Agreement with the shortest reasonable time
after Consultant first has actual notice of the breach or City notifies Consultant of the
breach, whichever is earlier. If Consultant fails to remedy a breach in accordance with
this paragraph, City may tenninate that part of the Agreement affected by the breach
upon written notice to Consultant, may obtain substitute services in a reasonable manner,
and may recover from Consultant the amount by which the price for those substitute
services exceeds the price for the same services under this Agreement. If the breach is
material and Consultant fails to remedy. the breach in accordance with this paragraph,
City may declare Consultant in default and pursue any remedy available for a default.
12. TERMINATION FOR CONVENIENCE.
City may terminate all or part of this Agreement at any time for its own convenience by
written notice to Consultant. Upon termination under this paragraph, Consultant shall be
entitled to compensation for all services rendered prior to actual notice of the termination
or the receipt of City's written notice of termination, whichever is earlier, plus
Consultant's reasonable costs actually incurred in closing out the Agreement.
13. INTELLECTUAL PROPERTY.
The interest in any intellectual property, including, but not limited to copyrights and
patents of any type, arising from the perfonnance of this Agreement shall vest in City.
Consultant shall execute any assignment or other documents necessary to affect this
paragraph. Consultant shall transfer to City any data or other tangible property generated
by Consultant under this Agreement and necessary for the beneficial use of intellectual
property covered by this paragraph.
Winterowd & Brooks Agreement
Page 5
55
exHIBIT I'r
Page ~ of ct
14. INCOME TAX WITHHOLDING.
Consultant shall pay, if applicable, all sums withheld from employees pursuant to
ORS 316.167.
15. PAYMENT OF CLAIMS BY CITY.
If Consultant fails, neglects, or refuses to make prompt payment of any claim for labor or
services furnished to Consultant or a subcontractor, or by any person in connection with
this Agreement as the claim becomes due, City may pay the claim to the person
furnishing the labor or services and charge the amount of the payment against funds due
or to become due to Consultant pursuant to this Agreement. City's payment of a claim
under this paragraph shall not relieve Consultant or Consultant's surety, if any, from
responsibility for those claims.
16. NO THIRD PARTY BENEFICIARIES.
Consultant hereby represents that no employee of City, or any partnership or corporation
in which a City employee has an interest, will or has received any remuneration of any
description from Consultant, either directly or indirectly, in connection with the letting or
performance of this Agreement, except as specifically declared in writing.
17. WORKER'S COMPENSATION COMPLIANCE.
Consultant, its subcontractors, if any, and all employers working under this Agreement
are subject employers under the Oregon Workers' Compensation Law and shall comply
with ORS 656.017, which requires them to provide workers' compensation coverage for
all their subject workers. Consultant and their subcontractors, if any, shall show proof of
such coverage in a form satisfactory to City prior to commencing any of the work to be
done under this Agreement.
Consultant, if declaring an exemption from any requirement to provide workers
compensation coverage for the labor to be perfonned under this Agreement, understands
and agrees that under ORS 656.006 (13), an "employer" is any person who contracts to
pay a remuneration for and secures the right to direct and control the services of any
person. Consultant understands and agrees that if it is exempt from coverage under ORS
656.027 and engages individuals who are not exempt under same in performance of the
Agreement then Consultant shall provide workers compensation insurance coverage for
all such individuals. If Consultant does not provide that insurance it may be deemed a
noncomplying employer for purposes of Oregon law and agree to hold City harmless
from and indemnify it against any and all claims for compensation benefits made against
Consultant as a noncomplying employer.
Winterowd & Brooks Agreement
Page 6
56
".
EXH'B'T - ~ 01
page..2.- of
18. COMPLIANCE WITH STATE AND FEDERAL LAWSIRULES.
Consultant shall comply with all applicable federal, state and local laws, rules and
regulations.
19. HOURS OF LABOR.
Consultant agrees that no person shall be employed for more than 10 hours in anyone
day, or 40 hours in anyone week, except in cases of necessity, emergency, or where the
public policy absolutely requires it, and in such cases, except in cases of contracts for
personal services as defined in ORS 279.051, the employee shall be paid at least time and
a half pay:
A. For all overtime in excess of eight hours a day or 40 hours in anyone week when
the work week is five consecutive days, Monday through Friday; or
B. For all overtime in excess of 10 hours a day or 40 hours in anyone week when the
work week is four consecutive days, Monday through Friday; and
C. For all work performed on Saturday and on any legal holiday specified in ORS
279.334.
Consultant agrees that all persons employed under this Agreement shall receive at least
time and a half pay for work performed on the legal holidays specified in a collective
bargaining Agreement or in ORS 279.334 (l)(a)(C)(ii) to (vii) and for all time worked in
excess of 10 hours a day or in excess of 40 hours in a week, whichever is greater.
20. PAYMENT OF LABORERS AND MATERIALMEN. CONTRIBUTIONS TO
INDUSTRIAL ACCIDENT FUND. LIENS AND WITHHOLDING TAXES.
Consultant shall:
1. Make payment promptly, as due, to all persons supplying labor or material for the
prosecution of the work under this Agreement.
2. Pay all contributions or amounts due the Industrial Accident Fund from such
Consultant or subcontractor incurred in the perfonnance of this Agreement.
3. Not permit any lien or claim to be filed or prosecuted against the state, county,
school district, municipality, municipal corporation or subdivision thereof, on
account of any labor or material furnished.
4. Pay to the Department of Revenue all sums withheld from employees pursuant to
ORS 316,167.
Winterowd & Brooks Agreement
Page 7
57
..
EXHIBI1. .--1L-
Page ~ of '1
21. PAYMENT FOR MEDICAL CARE.
Consultant shall promptly, as due, make payment to any person, copartnership,
association or corporation, furnishing medical, surgical and hospital care or other needed
care and attention, incident to sickness or injury, to the employees of such Consultant, of
all sums which Consultant agrees to pay for such services and all moneys and sums
which the Consultant collected or deducted from the wages of employees pursuant to any
law, contract or agreement for the purpose of providing or paying for such service.
22. PAYMENT OF CLAIMS BY PUBLIC OFFICERS.
If Consultant fails, neglects or refuses to make prompt payment of any claim for labor or
services furnished to Consultant by any person in connection with this Agreement as such
claim becomes due, City may pay such claim to the person furnishing the labor or
services and charge the amount of the payment against funds due or to become due to
Consultant.
23. RECYCLED PAPER REQUIRED.
To the maximum extent economically feasible, Consultant shall use recycled paper in
performing under this Agreement~
24. FINAL AGREEMENTIBINDING EFFECT.
This document contains all of the terms and conditions of the parties' Agreement. Any
waiver or modification of the terms of this Agreement must be in writing.
25. INTEGRATION.
This Agreement contains the entire agreement between the parties and supersedes all
prior written or oral discussions or agreements regarding the same subject.
26. SEVERABILITY ISURVIV AL.
If any of the provisions contained in this Agreement are held illegal, invalid or
unenforceable, the enforceability of the remaining provisions shall not be impaired. Any
provisions concerning the limitation ofliability or indemnity shall survive the termination
of this Agreement for any cause.
27. FORCE MAJEURE.
Neither City nor Consultant shall be held responsible for delay or default caused by fire,
riot, acts of God, war or similar events or occurrences where such event or occurrence
was beyond the reasonable control of City or Consultant respectively. Consultant will,
however, make all reasonable efforts to remove or eliminate such a cause of delay or
Winterowd & Brooks Agreement
Page 8
58
EXHIBIT It
Page~ of "
default and shall, upon cessation of the case, diligently pursue performance of its
obligations under this Agreement
28. AUTHORIZATION.
The persons executing this Agreement on behalf of the parties hereto represent and
warrant that the parties have all legal authority and authorization necessary to enter into
this Agreement, and that such persons have been duly authorized to execute this
Agreement on their behalf.
WINTEROWD & BROOKS, LLC
CITY OF WOODBURN
By: (;1, dl-f)
~ terowd
Title: 1ftu tI Ct {I fr---
Date: 1ft ftf-
B~~
John C. Brown
Title: q A'~~
Date: d7~ 2-~200/
Winterowd & Brooks Agreement
Page 9
----- - --- - 59
exHIBIT ~
Page -L- of ~
ADDENDUM TO AGREEMENT
FOR CONSUL liNG SERVICES
BETWEEN CITY OF WOODBURN
AND WINTEROWD & BROOKS, LLC
THIS ADDENDUM TO AGREEMENT is entered into between the City of Woodburn, an
Oregon municipal corporation, hereinafter referred to as "City," and Winterowd &
Brooks, lLC, dba Winterbrook Planning, whose address is 310 SW 4th Avenue, Suite
11 DO, Portland, Oregon 97204-2305, hereinafter referred to as "Consultant."
RECITALS
WHEREAS, the City and County executed an agreement for fiscal year 2004-05 (the
"Existing Agreement-), a copy of which is attached hereto as Exhibit "A" and
incorporated herein; and
WHEREAS, the Existing Agreement provides that City shall pay Consultant a sum not-
to-exceed $20,000 for services and this sum has been substantially expended; and
WHEREAS, the parties want to increase the not-ta-exceed amount to $35,000 so that
an additional amount of approximately $15,000 is available;
NOW, THEREFORE, City and Consultant agree as follows:
Section 1. Section 1, SCOPE OF WORK, contained in the Existing Agreement
is modified to read as follows:
SCOPE OF WORK
Under the direction of the Community Development Director, Consultant will
assist City in completing the following tasks:
Task 1: FindinQs. Based on the volume of public comments received by the
Planning Commission and City Council, Winterbrook will augment the draft UGB
Justification Report and findings to respond to issues raised during the public
hearing process, and to respond to comments received by property owners,
interest groups, and state and local agencies.
Task 2: County Coordination. Marion County staff submitted lengthy comments
to the City regarding the proposed UGB amendments. Although the comments
were largely positive, Winterbrook needed to respond to residential land
assessment questions in great detail.
Task 3: OLCD Coordination. Time is required for ongoing coordination with
OLeO staff regarding reports Winterbrook has prepared and on the City and
WINTEROWD & BROOKS AODENDUM TO AGREEMENT
PAGE 1
60
...
EXHIBIT f3
Page 7-- of ~
County review processes. (See discussion above) Winterbrook has already met
with DLCO staff on several occasions, and more meetings will be necessary.
Task 4: City Council Public Hearing and Deliberation. Winterbrook has
participated in three Planning Commission work sessions, one public hearing,
and one deliberative meeting during the last six months. Winterbrook has also
participated in one City Council public hearing and one deliberative session. At
least one additional deliberative session before the City Council is anticipated on
June 13, 2005.
Task 5: Report Revisions. Winterbrook anticipates that the revised reports will
need yet another set of revisions to ensure internal consistency and to address
issues raised during the public review process. To better explain past work, and
to respond to issues raised during the public hearing process (especially by 1000
Friends of Oregon, property owners outside the UGB; OLeO and Marion
County), substantial revisions to existing reports will be required.
Task 6: General City Coordination. Winterbrook will continue to be available to
respond to questions from City staff that are not directly related to the above
tasks, but are likely to come up over the next six months. For example,
Winterbrook review of the draft Public Facilities Plan is essential.
Greg Winterowd, Principal Planner, shall be the project manager and shall report
directly to City. This Scope of Work replaces the Scope of Work in all previous
contracts and agreements with Consultant.
Section 2. Section 2, CONSIDERATION, contained in the Existing Agreement is
revised to read as follows:
CONSIOERA TION
City shall pay Consultant a sum not to exceed $35,000 for all Consultant
services. However, compensation may be less than such maximum amount and
shall actually be determined on a time-and-expense basis for labor and direct
expenses Consultant incurs, as follows:
Professional Services:
Principal Planner
Senior Planner
Planning Technician
Project Assistant
$120.00
$ 95.00
$ 60.00
$ 55.00
Expenses: Mileage will be reimbursed at the federal maximum per mile ($.41 in
2005); photocopies at $0.15 per page; faxes and scanning at $1.00 per page;
and direct expenses such as postage, long distance phone calls, etc., at cost.
WINTEROWD & BROOKS ADDENDUM TO AGREEMENT
PAGE 2
61
exHIBIT _ ~
Page --2.... of ~
Consultant will submit a monthly invoice to City indicating costs and expenses
incurred. The invoice shall include a summary of services provided. City agrees
to review the invoice, and to notify Consultant of any questions or disagreements
City might have with the invoice within ten days after receipt of the invoice. After
the ten-day period, or after questions or disagreements noted during the ten-day
period have been resolved to the satisfaction of the parties. the work performed
during the period covered by the invoice shall be considered satisfactory by City.
Payment of the invoice shall be within 30 days of accepting the invoice as
satisfactory .
With the exceptions of the modifications approved by the parties in this Addendum to
Agreement, the Existing Agreement remains in full force and effect.
WINTEROWD & BROOKS, LLC
CITY OF WOODBURN
By:c:::/Jr~
John C. Brown
Title: (1/;/ ~/#;j~/t:...
Date: ,,--/ vaS-
By:
WINTEROWO & BROOKS ADDENDUM TO AGREEMENT
PAGE 3
62
!XHIBI1- ~
Page_____ ~
ADDENDUM TO AGREEMENT
FOR CONSULTING SERVICES
BETWEEN CITY OF WOODBURN
AND WINTEROWD & BROOKS, LLC
THIS ADDENDUM TO AGREEMENT is entered into between the City of Woodburn, an
Oregori municipal corporation. hereinafter referred to as "City,. and Winterowd &
Brooks, LLC, dba Winterbrook Planning, hereinafter referred to as "Consultant."
RECITALS
WHEREAS, in August 2004 the City and Consultant executed an agreement for fiscal
year 2004-05 (the "existing Agreement"), a copy of which is attached hereto as Exhibit
"A" and Incorporated herein; and
WHEREAS, in May. 2005 the Agreement was amended to increase the not-to-exceed
amount by $15,000 and to expand the scope of Consultant's services to the City, a copy
of which is attached hereto as Exhibit B and incorporated herein; and
WHEREAS, the parties mutually agree to increase the not-to-exceed amount by
$45,000 to cover costs associated with the review and adoption of the Woodburn
Periodic Review and Urban Growth Boundary amendment package for fiscal year 2005-
06.
NOW, THEREFORE, City and Consultant agree as follows:
Section 1. Section 1, SCOPE OF WORK, contained in the Existing Agreement
is modified to read as follows:
SCOPE OF WORK
Under the direction of the City Administrator, Consultant will represent the City in
matters related to successful completion of the City's Periodic Review Work
Program and Urban Growth Boundary (UGB) amendment process. As
Consultant Project Manager, Greg Winterowd, will assume the role of the City's
Planning Director in seeing this project to conclusion. In this role, Consultant will
take primary responsibility for completion of the following tasks: .
Task 1: FindinQs. In response to the large volume of public and agency
comments received by the Planning Commission and City Council, Consultant
will prepare detailed findings to justify adopted amendments to the Woodburn
UGB, Comprehensive Plan, Development Ordinance. and Urban Growth
Management Agreement. These findings will be included in a revised UGB
Justification Report to be reviewed by the City Attorney prior to Council adoption.
This report will be augmented by previous Community Development Director and
WINTEROWD & BROOKS ADDENDUM TO AGREEMENT
PAGE 1
63
EXHIBIT _ V
Page~~
Consultant responses to issues raised during the public hearing process from
property owners, area residents, interest groups, Marlon County and state
agencies.
Task 2: Marion County Coordination. Marion County staff has submitted lengthy
comments to the City regarding the proposed UGB amendments. In addition to
responding to County staff concerns, Consultant will work closely with the City
Attorney and City Administrator to coordinator with Marion County in the review
and adoption of the 2005 Woodburn Periodic Review and UGB amendment
package. Consultant will assist in the review and adoption process for the Urban
Growth Management Agreement (UGMA) with Marlon County, and will represent
the City in the County public hearing and adoption process.
Task 3: OLeO and OOOT Coordination. Consultant will lead the City's efforts in
ongoing coordination with OlCO staff regarding the Land Conservation and
Development Commission's acknowledgment review process. Consultant will
also represent the City in ongoing coordination with the Oregon Department of
Transportation, Including the review and Council adoption of the
Intergovernmental Agreement (IGA) related to managing vehicle trips generated
within the Interchange Management Area (IMA) Overlay District. These tasks
include meetings, phone calls and emaHs with DLCO and ODOT staff; responses
to concerns raised by those agencies, and coordinating the City's
acknowledgment submittal and review strategy.
Task 4: City Council Deliberations. During Fiscal Year 2004-05, Consultant
participated in public hearings and deliberative sessions before the Woodburn
Planning Commission and City three Planning Commission work sessions, one
public hearing, and one deliberative meeting; and one City Council publiC hearing
and one deliberative session. Consultant will represent City Community
Development staff during additional Council deliberative sessions prior to
adoption of the Periodic Review and UGB Amendment Package. Consultant will
respond to Council questions and adjust Comprehensive Plan and WOO text and
maps as necessary in response to Council direction. Per task 6, Winterbrook will
take over the role of the City's Planning Director in this and any additional
hearings.
Task 5: Reoort and Plan Revisions. Consultant will be responsible for any
additional report revisions that may be required by Marion County, DLCO/LeDe,
or other review bodies. Consultant also will be responsible for working with
Woodburn Public Works staff in making necessary revisions to the Public
Facilities Plan (PFP) and Transportation Systems Plan (TSP) where necessary to
ensure consistency with the Comprehensive Plan or UGB Amendment
Justification Report.
Task 6: Plan and Zone Amendments unrelated to Periodic Review. The City has
initiated multiple Comprehensive Plan and Zone changes inside the existing
WINTEROWD & BROOKS ADDENDUM TO AGREEMENT
PAGE 2
64
EXHIBIT --
Page....3-~
UGB, apart from the Periodic Review process. These changes were made.to
ensure Internal consistency between existing comprehensive plan designations
and zoning and to respond to local issues. The changes we,e made after the
Buildable Lands Inventory was completed, and must be reconciled with the
Buildable Land Inventory. Consultant will be responsible for preparation of
findings related to land need and supply to address these changes within the
context of the UGB Justification Report.
Greg Winterowd, Principal Planner, shall be the project manager and shall report
directly to City Administrator. This Scope of Work replaces the Scope of Work In
all previous contracts and agreements with Consultant.
Section 2. Section 2, CONSIDERATION, contained in the Existing Agreement is
revised to read as follows:
CONSIDERATION
City shall pay Consultant a sum under the existing and amended agreements not
to exceed $80,000 for all Consultant services. However, compensation may be
less than such maximum amount and shall actually be determined on a time-and-
expense basis for labor and direct expenses Consultant incurs, as follows:
Professional Services:
Principal Planner
Senior Planner
Planning Technician
Project Assistant
$120.00
$ 95.00
$ 60.00
$ 60.00
Expenses: Mileage will be reimbursed at the federal maximum per mile ($.48 in
2005); photocopies at $0.15 per page; faxes and scanning at $1.00 per page;
and direct expenses such as postage, long distance phone calls, etc., at cost.
Consultant will submit a monthly invoice to City indicating costs and expenses
incurred. The invoice shall include a summary of services provided. City agrees
to review the invoice, and to notify Consultant of any questions or disagreements
City might have with the invoice within ten days after receipt of the invoice. After
the ten-day period, or after questions or disagreements noted during the ten-day
period have been resolved to the satisfaction of the parties, the work performed
during the period covered by the invoice shall be considered satisfactory by City.
Payment of the invoice shall be within 30 days of accepting the invoice as
satisfactory .
With the exceptions of the modifications approved by the parties in this Addendum to
Agreement, the Existing Agreement remains in full force and effect.
WINTEROWD & BROOKS ADDENDUM TO AGREEMENT
PAGE 3
65------
WINTEROWO & BROOKS. LLC
By:
Title:
Date:~~ /2-. ~D)
f
WINTEROWD & BROOKS ADDENDUM TO AGREEMENT
EXHIBIT _ L:.
Page~ of 4
CITY OF WOODBURN
BY~~
John C. Brown
TiHe: t717J' ~tAI/~
Date: /2-2#-~
PAGE 4
66
~
WooQ\\URN
ltf(Q"o,~ttJ flU19
~~lD
.
.
March 8, 2006
TO: Mayor and City Council through City Administrator
FROM: Thomas P. Tennant, Captain
For/Thru: Scott D, Russell, Chief of pOl\ce~
SUBJECT: Liquor License - New Ouflet
RECOMMENDATION:
The Woodburn City Council recommend to the Oregon Liquor Control
Commission the approval of a liquor license application for A&J Market.
BACKGROUND:
Applicant:
A&J Market
689 N. Front St,
Woodburn, Or. 97071
Owners/Managers:
Hussein, Abdulla Mohammed
5385 Lakeport St, N,
Keizer, Or. 97303
Ph: 503-393-6707
license Type: Off-Premises - Permits beer, wine and hard cider sales for off-
premises consumption only,
On February 1 0, 2005 the Woodburn Police Department received an application
requesting approval for an off- premise license for A & J Market,
Agenda Item Review: City Administrat
City Attorney _
Finane
67
...
Mayor and City Council
March 8, 2006
Page 2
.
.
A&J Market is a new business to Woodburn located at 689 N. Front St. in part of
the building tnat formerly housed a car dealership,
The Business will operate 7 days per week. between the hours of 7 AM and 9:00
PM. A&J Market will be selling beer and wine for off-premise consumption. The
police department has received no 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 narure. An in-
depth investigation was completed on the owner and no offenses that would
preclude a license being issued or items of a questionable narure were located.
The applicant states that they are seeking a license to sell alcohol as part of a
local market operation, The location has never had a liquor license and
therefore has no history of problems. Under the criteria identified by the OlCC
and adopted by the City Council I find no reason not to recommend that
council recommend to OLCC approval of the application.
FINANCIAL IMPACT:
None
68
'"
t3
~GON LIQUOR CONTROL COMMISSION' PAID ~ lOO - . "
8
. .
LfauOR LICENSE APPL'CATIO~ FEB 1 0 2006 ',~,'
PLEASE PRINT OR TYPE m: 0 ^ T:,~r::td
Application is being made for: CI' OF Wf.P~:~D co NTY USE ONLY
LICENSE TYPES ACTIONS The city council or county commission:
a Full On-Premises Sales ($402.60Iyr), a Change Ownership (name of city or county)
Q Commercial Establishment JJ:New Outlet
o Caterer a Greater Privilege recommends that this license be:
Q Passenger Carrier a Additional Privllege Granted Q Denied Q
a Other Public location Q Other
(] Private Club By:
A Limited On-Premises Sales ($202.60/yr) (signature) (date)
Off-Premises Sales ($100/yr) Name:
Q with Fuel Pumps Title:
a Brewery Public House ($252.60)
a Winery ($250/yr) OLCC USE ONLY
a Other: ApPllca~ b~ 6-
Aoplying as:
~dividuals a Limited (] Corporation a Limited Liability Date: ~\~ ~.
Partnership Company 90-c;1ay authority: (] Yes aNo
1. Applicant(s): [See SECTION 1 of the Guide]
(j) AbcfilAlID. J-IlA ( (.eA V'\ ~
~ @
2. Trade Name (dba): .tJ-!- iT /Y1 0.. r W
_./I.'/(;c .,.t'e.. -
ton
(county)
4. Business Mailing Address: '5:3 85 La I< e P<?J yf
(PO box, number, street. rural route)
kef' "Ze;-
(city)
oR~
(state)
97~o'5
(ZIP code)
5. Business Numbers: C:;O < - 56 q - 5" 0 5 Ii'
(phone)
6. Is the business at this location currently licensed by OlCC? aYes aifNo
~;; ,
7. If yes to whom: ' '1--
C9'ormer Business Name: /f../ A-
9. Will you have a manager? ~es ilNo Name: f} b J L.t J (A- f/ /,I SS € I ~
(manager must fin out an individual history form)
10. What is the local goveming body where your business is located? 1../ ~ h ItYt 11
(name of city or county)
11. Contact person for this application: /lb:Ju I/(A }../ U 5S-.'Ji Y\. 503- -569 - 50S~
(name) , . (phone number(s)
5J85 l.a~nnr:f d. 11/ ke(?ru--(?JR.~i?o?- 'SCJ'S-3q]-(.,ic1
(address) f (fax numberf (e-mail address)'
I understand that if my answers are not true and complete, the OlCC may deny my license application.
Appllcant(s Signature(s) and Date:
<D
5D5-:S~7; -6707
(fax)
Type of ~icense:
Date
@)
Date
~
Date @
1-800-452-0LCC (6522)
www.olcc.state.or.us
69 .
Date
(\ :\
~.~~""'~~rrd~ft.L4" .
~
WQ.Q:Q.BVR.N
In''''p,,rat.:J 188-1
.
~~
.
March 13, 2006
TO:
Honorable Mayor and City Council through City Administrator
Randy Scott, Senior Engineering Technician through the ~
Works Director ~
Carol Street Improvements
FROM:
SUBJECT:
RECOMMENDATION:
It is recommended the City Council award construction contract to the lowest
responsible bidder, Trademark Construction, Inc. for street and storm drain
improvement on Carol Street in the amount of $160,770,00 and that this award
be contingent upon the approval of the Oregon Economic Development
Department.
BACKGROUND:
The contract is in conjunction with Project 2005-16-37, Bid No. 2005-13 for the
street and storm drain improvements on Carol Street from approximately
Williams Street to Hardcastle Avenue.
Bids for South Front Street Improvements, opened on March 7, 2006. Eleven bids
were received.
1. Trademark Construction, Inc.
2. Parker Northwest Paving
3. M L Houck Construction
4. Morse Bros. Inc.
5. Gelco Construction
6. Eagle -Elsner
7. North Santiam Paving Co.
8. J.C. Compton
9. Kerr Contractors
10. 0 & 0 Paving
11 . C & W Grading
Engineers Estimate
$160,770.00
$1 72,254.00
$183,050.50
$186,620.00
$197,255.00
$205,697,50
$209,900.00
$218,573.50
$218,575.00
$221,769.11
$236,329.50
$176,000.00
The recommended award is within 9% of the Engineers estimate.
Agenda Item Review: City Administrator _
Finance
City Attorney _
Honorable Mayor and City Council
Mach 13, 2006
Page 2
.
.
DISCUSSION:
Carol Street improvement is the responsibility of Marion County Housing Authority
as a condition Community Development Department land use approval, design
review case file 05-05, variance case file 05-09, 05-09, 05-13 and exception 05-
01. The city in cooperation with Marion County Housing Authority applied for
and obtained an Oregon Community Development Block Grant to fund the
improvement.
The grant requires that the city administer the construction contract. PacWest
Engineering, the Engineer of record is acting as the city's agent on the project,
has analyzed the bids, and recommended the contract be awarded to the
lowest responsible bidder. The term of the contract allows 60 calendar days to
complete the construction after the dated notice to proceed is issued.
The contract award is in conformance with public contracting laws of the State
of Oregon as outlined in ORS Chapter 279C and the laws, regulations of the City
of Woodburn, therefore staff is recommended the contract be awarded.
FINANCIAL IMPACT:
The street improvement cost of $160,770 will be funded by the Oregon
Community Development Block Grant. The Grant also funds the cost of
Professional Services provided by PacWest Engineering,
/- \ ~,
~~~~
~~
WOODBURN
.
fn~(Irporalt" 188'1
., '1"'''' t
;, ( \ ?),,?', I
Honorable Mayor and City Council through City Administrator
Randy Scott, Senior Engineering Technician through the Public ~
Works Director ~h,
SUBJECT: Carol Street Improvements
TO:
FROM:
RECOMMENDATION:
liE
~.ffluw
March 8, 2006
.
I
.J ~. "I,~ - ./ ,{
l LP .- . _( <\l' ,1:':.'
; .-' {.'
I
t.?
It is recommended the City Council award construction contract to the lowest
responsible bidder, Trademark Construction, Inc. for street and storm drain
improvement on Carol Street in the amount of $160,770.00
BACKGROUND:
The contract is in conjunction with Project 2005-16-37, Bid No. 2005-13 for the
street and storm drain improvements on Carol Street from approximately
Williams Street to Hardcastle Avenue.
Bids for South Front Street Improvements, opened on March 7, 2006. Eleven bids
were received.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Trademark Construction, Inc.
Parker Northwest Paving
M L Houck Construction
Morse Bros. Inc.
Gelco Construction
Eagle -Elsner
North Santiam Paving Co.
J.C. Compton
Kerr Contractors
D & D Paving
C & W Grading
Engineers Estimate
$160,770.00
$1 72,254.00
$183,050.50
$186,620.00
$197,255.00
$205,697.50
$209,900.00
$218,573.50
$218,575.00
$221,769.11
$236,329.50
$176,000.00
The recommended award is within 9% of t e Engineers estimate
Agenda Item Review: City Administratm
City Attorney _
Financel
70
"..
Honorable Mayor and City Council
Mach 8, 2006
Page 2
.
.
DISCUSSION:
Carol Street improvement is the responsibility of Marion County Housing Authority
as a condition Community Development Department land use approval, design
review case file 05-05, variance case file 05-09,05-09,05-13 and exception 05-
01. The city in cooperation with Marion County Housing Authority applied for
and obtained an Oregon Community Development Block Grant to fund the
improvement.
The grant requires that the city administer the construction contract. PacWest
Engineering, the Engineer of record is acting as the city's agent on the project,
has analyzed the bids, and recommended the contract be awarded to the
lowest responsible bidder. The term of the contract allows 60 calendar days to
complete the construction after the dated notice to proceed is issued.
The contract award is in conformance with public contracting laws of the State
of Oregon as outlined in ORS Chapter 279C and the laws, regulations of the City
of Woodburn, therefore staff is recommended the contract be awarded.
FINANCIAL IMP ACT:
The street improvement cost of $1 60.770 will be funded by the Oregon
Community Development Block Grant. The Grant also funds the cost of
Professional Services provided by PacWest Engineering.
71
"~
1---"" '\
~....
. E:'r...
WQ.Q:Q.~vRN
rn':"'r'Jral.:J 1889
IlF
~~
.
.
March 13, 2006
TO: Honorable Mayor and City Council
FROM: John C. Brown, City Administrator
SUBJECT: Award of Contract for Employee Compensation Study
RECOMMENDATION:
It is recommended that the City Council award a contract for an Employee
Compensation Study for management and non-represented employees to HR
Answers and authorize the City Administrator to execute a services agreement
in an amount not to exceed $7,700, plus related expenses.
BACKGROUND:
With the exception of employees hired under employment agreements, mid-
level management and confidential employee salaries have not been
evaluated in over a decade. The group received the same cost of living
adjustments as AFSCME-represented employees during that time, but did not
receive the market adjustment awarded to the AFSCME group. We are
currently evaluating AFSCME salaries, for internal alignment and with the
external job market. The study may result in adjustment of at least a portion, if
not all, AFSCME salaries. Further adjustment to AFSCME salaries will erode the
salary separation between the groups. Failure to maintain management salaries
at levels competitive with the market also makes recruiting qualified candidates
more difficult. We've experienced this problem several times in recent years. If
AFSCME salaries have fallen behind the market, it's likely that management and
confidential salaries have also fallen behind the market. To resolve salary
compaction and competitiveness concerns, a market study for management
and confidential salaries has been discussed with your Council.
DISCUSSION:
A request for proposals to conduct a market study of management salaries was
directed to four firms in February 2006. Proposals were received from HR
Answers, the firm that is currently conducting the AFSCME compensation study,
Agenda Item Review: City Administra
City Attorney _
Finance
72
Honorable Mayor and City Council
March 13, 2006
Page 2
.
.
and from the Local Government Personnel Institute (LGPI) which is associated
with the League of Oregon Cities. The proposals were evaluated on factors
including ability to perform the scope of service, prior experience, and on cost
considerations. Because this study was not anticipated in the 2005-06 budget.
cost considerations figured largely in the selection process. The HR Answers
proposal is approximately $2,000 less than LGPI's, due in part to economies of
scale the firm can obtain by consolidating aspects of this assignment with the
one they are currently completing. HR Answers also has, as it did with the
AFSCME proposal, the best qualifications of the firms responding to the RFP.
HR Answers proposed a scope of services exceeding that necessary to
complete this study, Employee interviews do not need to be conducted to the
degree proposed, some job classification descriptions are current and will need
little if any updating, and the salaries of contract employees are outside
consideration, Accordingly, HR Answers will negotiate an agreement at a not-
to-exceed cost less than stated in their proposal. Those negotiations will occur
following contract award.
A "Notice of Intent to Award" to HR Answers was mailed to all proposers on
March 7, 2006.
FINANCIAL IMPACT:
HR Answers proposed a professional services fee of $7,700 but will contract for a
lesser amount, which has yet to be negotiated. Although full funding for this
study is not budgeted, approximately $4,000 is available in the City
Administrator's budget to make progress payments before the balance needed
to complete the study can be transferred from contingencies.
JCB
73
(-\ ,\
~.~ ~~""'WIT:.hrii ~.'..t.J.. . .
~
WQ.Q.Q!!JIBN
r"CClrr,ordt.:J flL~1.J
IlG
~~
.
.
March 13, 2006
TO: Honorable Mayor and City Council
FROM: John C. Brown, City Administrator
SUBJECT: Appointment of Administrator Pro Tem
RECOMMENDATION:
It is recommended that the City Council appoint Police Chief Scott Russell as
Administrator Pro Tem for the period of March 23, 2006 through April 2, 2006.
DISCUSSION:
I will be on vacation from March 23, 2006 through April 2, 2006. Pursuant to
Section 21 (e) of the Woodburn Charter, the City Council shall appoint an
administrator pro tem whenever the Administrator is absent from the City. The
Pro Tem Administrator shall possess the powers and duties of the Administrator,
but may not appoint or remove a City officer or employee except with approval
of the majority of the Council. Mr. Russell has acted ably in this capacity in the
past, and has the necessary skills and experience to act as Administrator Pro
Tem.
FINANCIAL IMPACT:
None.
Agenda Item Review: City Administrato
City Attorney _
Finance
74
,,.
.!....~
~
WQQDBURN
I"(~rpc'attd 1889
12A
~~
.
.
March 13, 2006
TO: Honorable Mayor and City Council
FROM: John C. Brown, City Administrator
SUBJECT: ODOT Intergovernmental Agreement for Interchange Funding
RECOMMENDATION:
It is recommended the City Council consider the draft intergovernmental
agreement, and provide direction as appropriate.
BACKGROUND:
Approximately one year ago, staff entered into discussions with ODOT regarding
a funding agreement for interchange improvements. These discussions arose
from ODOT's consideration of the City's draft Transportation Systems Plan (TSP),
and whether the interchange improvements could be considered, pursuant to
the State Transportation Planning Rule, a "planned" facility. ODOT has
indicated it will recommend approval of the TSP if a funding plan for
interchange improvements is established. ODOT will consider a funding
agreement, albeit general, between our organizations sufficient to meet the
definition of a funding plan. This is a considerable improvement over past
interpretation of the rule, which would require a plan identifying specific sources
and amounts. If the project cannot be considered a "planned" facility, that
decision would, in effect, block most of the expansion proposed in our periodic
review work program and urban growth boundary proposal.
DISCUSSION:
As indicated, OOOT staff is willing to consider the interchange a planned facility,
if a funding agreement can be reached between our two agencies. Because
of uncertainties regarding the funding sources available to both agencies,
agreement was reached on an IGA that specifies total obligation, but leaves
sources to be determined. That there is a City share at all reflects a current
Oregon Transportation Commission policy directive that localities bear a share
of cost of highway improvements benefiting their communities. No set sharing
Agenda Item Review: City Administr
City Attorney _
Financ
75
'.
Honorable Mayor and City Council
March 13, 2006
Page 2
.
.
formula has been adopted; OOOT suggests something on the order of 75/25 or
80/20 is what the OTC has in mind.
ODOT and City Staff have discussed, negotiated, and traded drafts of a funding
agreement for the past year. The most recent draft, and what ODOT considers
its final position is attached. You were provided with a previous draft last
October. We have also talked in the interim about the progress of negotiations.
This draft requires a City share of $8 million, $2-1/2 million of which is already
contributed. All other costs are OOOT's responsibility.
There are obviously a number of policy and financing implications associated
with this agreement. I placed this item on your New Business agenda so that we
can discuss the document, and its implications, in detail prior to any further
response to ODOT. If you have any questions in the meanwhile, please call.
JCB
76
"~
JURe 23-; 20.05
Novomber 28Februarv 27, 20065
Misc. Contracts & Agreements
No.
[ID[Kl&W1J
INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT is made and entered into by and between THE STATE OF
OREGON, acting by and through its Department of Transportation, hereinafter referred
to as "ODOT"; and the CITY OF WOODBURN, acting by and through its designated
officials, hereinafter referred to as "CITY".
RECITALS
1. By the authority granted in ORS 190.110 and 283.110, state agencies may enter into
agreements with units of local government or other state agencies for the
performance of any or all functions and activities that a party to the agreement, its
officers, or agents have the authority to perform.
2. According to Oregon Administrative Rule (OAR) 660-012-0060 (4)(b)(A), (B), and
(D) projects may not be counted on in a local Transportation System Plan (TSP) as
planned transportation facilities unless they fall into one of the following categories:
. Transportation facilities, improvements or services that are funded for
construction or implementation in the Statewide Transportation Improvement
Program or a locally or regionally adopted transportation improvement program
or capital improvement plan or program of transportation service provider.
. Transportation facilities, improvements or services that are authorized in a local
transportation system plan and for which a funding plan or mechanism is in place
or approved, These include, but are not limited to, transportation facilities,
improvements or services for which: transportation systems development charge
revenues are being collected; a local improvement district or reimbursement
district has been established or will be established prior to development; a
development agreement has been adopted; or conditions of approval to fund the
improvement have been adopted.
. Improvements to state highways that are included as planned improvements in a
regional or local transportation system plan or comprehensive plan when ODOT
provides a written statement that the improvements are reasonably likely to be
provided by the end of the planning period,
3, OAR 660-012-0060 (4)(c) and (d)(C) further states that for interstate interchange
areas, when an Interchange Area Management Plan (lAMP) has been adopted by
the Oregon Transportation Commission (OTC)- as an amendment to the Oregon
Highway Plan (OHP), "Improvements to state highways that are included as planned
improvements in a regional or local transportation system plan or comprehensive
plan when ODOT provides a written statement that the improvements are
77
...
City of Woodburn/ODOT
[ID~
reasonably likely to be provided by the end of the planning period" can only be
counted on as planned improvements if they are listed in that adopted Interchange
Area Management Plan or, if not already in an adopted lAMP. ODOT provides a
written statement that the proposed funding and timing of mitigation measures are
sufficient to avoid a significant adverse impact on the Interstate Highway system.
4. City has adopted a TSP that seeks to rely on proposed improvements to the existing
Interstate 5 interchange with Oregon Highways 214 and 219, exit 271. referred to
herein as the Woodburn Interchange, to support amendments to its urban growth
boundary, land use plan. and zoning ordinance.
5. The Woodburn Interchange is subject to the conditions cited in parts 2 and 3 of
these recitals.
6. Reconstructing the Woodburn Interchange is a top funding priority of the Mid-
Willamette Area Commission on Transportation (MWACT).
7. ODOT is currently developing an Environmental Assessment (EA) document
pursuant to the National Environmental Policy Act (NEPA) as the means to gain the
necessary federal and state approvals needed to advance reconstruction of the
Woodburn Interchange.
NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it
is agreed by and between the parties hereto as follows:
TERMS OF AGREEMENT
1. ODOT and City agree that a general funding plan is needed to demonstrate that
adequate funding to reconstruct the Woodburn Interchange will become available
within the 20-year planning horizon and in time to avoid a significant adverse impact
on the Interstate Highway System.
2. ODOT and City agree that this intergovernmental agreement (IGA) shall serve as
the necessary general funding plan and as the means for agreeing to the funding
plan's adequacy for purposes of determining that the Woodburn Interchange is a
planned improvement in the adopted Woodburn TSP. This determination shall be
effective when all parties have signed this IGA.
3. ODOT and City agree that an additional IGA (or IGAs) will be needed between
ODOT and City to define process and administrative issues relative to funding
responsibilities and transfer of funds when specific funding sources are identified
and funding participation responsibilities are finalized.
2
78
""
City ofWoodbum/ODOT
@)(M
4. ODOT and City agree the $2.5 million provided by City to ODOT in 2004 to acquire
the Zimmel property shall be included as part of City's total financial contribution to
reconstructing the Woodburn Interchange.
5. ODOT and City agree that the overall cost responsibility for funding the Woodburn
Interchange reconstruction shall be shared by ODOT and City based on a
percentage split and the current total reconstruction cost estimate (including project
development, engineering, right-of-way acquisition, and construction).
6. ODOT and City agree that the current total reconstruction cost estimate for the
Woodburn Interchange is $48 million.
7. ODOT and City agree that the total City financial contribution towards reconstruction
of the Woodburn Interchange shall be $8 9.67.2 12 mimillion. This figure is b3sed
on a 2Q5% sharo of the current total reconstruction cost ostimate,
8. ODOT and City agree that all costs to reconstruct the Woodburn Interchange above
the $8 ~~million provided by City shall be the responsibility of ODOT.
OOOT and City aqreo that Foderal fundinq obtainod for this proioct shall bo used to
proportion3tolv reduce City's 3nd OOOT's respective contributions to the proiect.
For oxample, if Fedoral fundinq of $21 million is obtained, City's contribution shall be
reduced from $9.6 million to 1.8 million,
CITY OBLlGA TIONS
1, City will develop and implement funding mechanisms sufficient to raise its financial
contribution. These mechanisms may include private contributions. system
development charges, special district fees, general revenue measures, bonding, or
any other means at City's disposal that does not involve state transportation funds,
Q!... federal transportation tr::msportation funds authorized under Title 23, United State
Code (USC)3ppropriations, Of--aA-y--ether federal tr3nspeftation funds.. - City shall,
however, be released from its financial obligations under this 3qrooment if Federal
funds from 3n'l source 3nd equal to the total proiect cost are obtained by OOOT or
City. City shall. however, be released from its financial obliqations under this
aqreement if federal funds from any source and equal to the total proiect cost are
obtainreceived by OOOT or City.
2. City shall make available to ODOT a total of ~ to $8 9-+:-2*~ million as City's total
local financial contribution towards reconstruction of the Woodburn Interchange
within two years from the time of-ODOT issues the notice to proceed on the
recon structio n p rei ect. n€HJUf-Ag- the-8alaf1€e-o~-fundH1g- nee€le&-fer- receflstH./BtieR-m
3n--adopted--State- Transpor-tatioA- lmprovement-Progfam (STIP). The $2.5 million
already provided to ODOT as described in Part 4 of the Terms of this
Intergovernmental Agreement shall count as part of the $8~26-t-~ million totalJ..Q
which City is obliqated under this aqreement.
3
79
..
City of Woodburn/ODOT
[IDE
7. OOOT shall, upon execution of this IGA, regard the Woodburn Interchange
reconstruction described in the Woodburn TSP as a planned improvement for the
purpose of implementing the Woodburn Comprehensive Plan and meeting the
requirements of the TPR.
GENERAL PROVISIONS
1. This Agreement may be terminated by either party upon 30 days' notice, in
writing and delivered by certified mail or in person~~er aLlLi)f the followinq
conditions.
~...-~~._- - .
aoaT m3Y tormin3te this ^grooment effective upen delivery of written notice to City at
such later date as may be est3blished by aOaT, under 3ny of the following conditions:
a. If C~ty either party fails to provide services called for by this Agreement within the
time specified herein or any extension thereof.
b. If City .:;J~D'~_ili;lItLJails to perform any of the other provisions of this Agreement or so
fails to pursue the work as to endanger performance of this Agreement in
accordance with its terms, and after receipt of written notice from OOO-+:- either party
fails to correct such failures within 10 days or such longer period as OOOT iJlther
QQ.!1Y-mayauthorize.
c. If ODO-i=- Githa fXtrtv fails to receive funding, appropriations, limitations or other
expenditure authority at levels sufficient to pay for the work provided in the
Agreement.
Ehlf Federal or State laws, regulations or guidelines are modified or interpreted in such a
way that either the work under this Agreement is prohibited or if ODor ~iU~r::Lll<1nyJs
prohibited from paying for such work from the planned funding source.
d.
Any termination of this Agreement shall not prejudice any rights or obligations accrued
to the parties prior to termination, This does not obliqate either party to fulfill any
portion of this aqreement that has not been fulfilled prior to its termination.
2.
3, This Aqreement and attached exhibits constitute the entire aqreement between the
parties on the subiect matter hereof. There are no understandinqs, aqreements, or
representations, oral or written, not specified herein reqardinq this Aqreement. No
waiver, consent, modification or chanqe of terms of this Aqreement shall bind either
party unless in writinq and siqned by both parties and all necessary approvals have
been obtained. Such waiver, consent, modification or chanqe, if made, shall be
5
80
.,.
City ofWoodbumjODOT
(ID~
effective only in the specific instance and for the specific purpose qiven. The failure
of ODOT to enforce anv provision of this Aqreement shall not constitute a waiver bv
ODOT of that or any other provision,
LCity acknowledges and agrees that ODOT, the Secretary of State's Office of the
State of Oregon, the federal government, and their duly authorized representatives
shall have access to the books, documents, papers, and records of City which are
directly pertinent to the specific agreement for the purpose of making audit,
examination, excerpts, and transcripts for a period of three years after final payment.
Copies of applicable records shall be made available upon request. Payment for
costs of copies is reimbursable by ODOT.:.
-;-
b
+R
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals
as of the day and year hereinafter written.
The Oregon Transportation Commission on June 18,2003, approved Delegation Order
No.2, which authorizes the Director to approve and execute agreements for day-to-day
operations when the work is related to a project included in the Statewide
Transportation Improvement Program or a line item in the biennial budget approved by
the Commission.
Signature Page to Follow
6
81
.~
City of Woodbum/ODOT
@)~
On September 6, 2002, the Director of the Oregon Department of Transportation
approved Subdelegation Order No.2, in which the Director delegates authority to the
Executive Deputy Director for Highways, Executive Deputy Director for Central
Services, Deputy Director for OTIA, and the Chief of Staff to approve and execute
agreements over $75,000 when the work is related to a project included in the
Statewide Transportation Improvement Program, other system plans approved by the
Commission such as the Traffic Safety Performance Plan, or in a line item in the
approved biennial budget.
CITY OF WOODBURN, by and through its STATE OF OREGON, by and through
elected officials its Department of Transportation
By
By
Deputy Director, Highway
Title
Date
By
APPROVAL RECOMMENDED
Title
Date
By
Region 2 Manager
APPROVED AS TO FORM
Date
By
City Legal Counsel
Date
APPROVED AS TO LEGAL
SUFFICIENCY
By
Assistant Attorney General
Date:
Agency Contact:
City of Woodburn
Woodburn OR
7
82
"~
t:~W4
WQ.QQ~~~N
" II . ~. r p . r ,/ It: d J'.' j ./
13A
~~
.
.
March 13, 2006
TO: Honorable Mayor and City Council through City Administrator
FROM: Naomi Zwerdling, Interim Director of Community Development t.,J,2.
SUBJECT: Planning Commission's Approval of Design Review 05-10,
Conditional Use 05-03, Variance 05-14, Variance 05-15, Variance 05-
16, and Variance 05-17 located at 540 N. Settlemier Avenue.
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 March 9, 2006, the Planning Commission adopted a final order approving
Design Review 05-10, Conditional Use 05-03, Variance 05-14, Variance 05-15,
Variance 05-16 and Variance 05-17 to expand the existing a.CD.C. Head Start
facility located at 540 Settlemier Avenue, to allow Child Day Care Services and
off street parking in the RS zone, to allow parking in setbacks and in a yard
abutting a street in the RM zone, to reduce the required driveway throat length,
and to allow proposed structures to encroach into interior yard setbacks. The
Planning Commission also approved a variance to the boundary and
connecting street improvement standard, reducing the required improved
street surface width from 50 feet to 32 feet and the required sidewalk width from
6 feet to 5 feet on Settlemier Avenue, and the required improved street surface
width from 34 feet to 26 feet for West Hayes street.
The site is approximately 1.67 acres in area and comprised of 5 tax lots and a
vacated portion of the 6th Street right-of-way. The site can be further identified
on Marion County Assessor's Maps as T5S, R1 W, Section 7CD, tax lots 4000, 4100,
4400, 4500, and 4600, lots 1-3 and 9-12, Block 5, and lots 4-6 and a portion of lot
7, Block 4 of "Whitman's Second Addition to Woodburn". The site is currently
developed as the Woodburn Head Start facility with an 11,000 square foot
structure, off street parking, landscaping and an enclosed playground area. The
applicant proposes fa<;ade improvements and minor structural additions to the
existing structure, a 6,625 square foot structural addition to the east of the
Agenda Item Review:
City Administrator
City Attorney _
7
83
Honorable Mayor and City Council
March 13, 2006
Page 2
.
.
existing structure, expansion of the off street parking area, new landscaping,
relocated and expanded outdoor play areas, and several outdoor play
structures. As a part of the proposed expansion, a.C.D.C. is planning to increase
their staff from 24 to 44 while maintaining the existing student population of 120.
The central and northern portions of the subject site are zoned Medium Density
Residential (RM) and designated Residential Greater Than 12 Units Per Acre on
the Comprehensive Plan Map, Approximately 5,500 square feet of the southern
portion of the site is zoned Single Family Residential (RS) and designated
Residential Less Than 12 Units Per Acre on the Comprehensive Plan Map. The site
is located in the Neighborhood Conservation Overlay District (NCOD).
The neighboring properties to the west (across Settlemier Avenue) are zoned
Single-Family Residential (RS) and Medium-Density Residential (RM). designated
Residential Less Than 12 Units Per Acre and Residential Greater Than 12 Units Per
Acre on the Woodburn Comprehensive Plan Map and are currently developed
with single-family dwelling units and a City-owned municipal pump station. The
property to the south (across West Hayes Street) is zoned RS, designated
Residential Less Than 12 Units Per Acre on the Woodburn Comprehensive Plan
Map and developed with a single-family dwelling unit. Adjacent properties to
the east are zoned RS and RM, designated Residential Less Than 12 Units Per
Acre and Residential Greater Than 12 Units Per Acre on the Woodburn
Comprehensive Plan Map and contain single-family dwelling units. Properties to
the north of the subject site are zoned RM, designated Residential Greater Than
12 Units Per Acre on the Woodburn Comprehensive Plan Map and contain
single-family dwelling units.
The applicant is Peter Grimm.
The property owner is the Oregon Child Development Coalition,
DISCUSSION:
None.
FINANCIAL IMPACT:
There is no financial impact associated with the recommended action.
84
RSVP
COORD,
RECREATION & PARKS
AQUATIC
MANAGER
ADUL T
CURRENT CONFIGURATION
RECREATION
MANAGER
CIRC
YOUTH
LIBRARY
ASST.
DIRECTOR
ADUL T
YOUTH
TECH
SVCS
PROPOSED CONFIGURATION
.l~OMNlI:JNITY .,'
{"i$.eRVICE$ .
. DIReCTOR
. "."A
RSVP AQUATIC RECREATION LIBRARY
COORD. MANAGER MANAGER MANAGER
PUBLIC TECH
SVCS SVCS
Woodburn Chamber of Commerce Monthly Office Statistics E.M! Web Hits
..2005 Il1fQ;'f!l!lCkets . ~none ,.'.......;1,.$UQr.i@rQhjmbirlQff .il !ii'9r~~Ylq/.,t',W. .<XJ'.9~HiJ.;;,~
Month Relocate Visitor Chamber Inside Outside Total inside Outside Total Current Inside Outside Total Total
Packets Information Business Oreaon Oreaon Oregon Oregon Festival Oregon Oreaon Contacts
January 10 12 238 123 4 365 99 16 115 n/a 490 236 726 0 13,401 14,629
February 8 10 279 149 1 429 97 9 106 n/a 563 254 817 0 553
March 0 0 0 0
.~_. 0 0 0 0
-~--- ---- - f---~.. ~. - ----
May 0 0 0 0
June 0 0 0 0
July 0 0 0 0
August 0 0 0 0
September 0 0 0 0
October 0 0 0 0
--------- - -- -_..-
November 0 0 0 0
December 0 0 0 0
YTD 2006 18 22 517 272 5 794 196 25 221 1053 490 1543 0 13401 15182
Total 2005 75 105 2254 1625 39 3918 1688 694 2382 7130 8791 163817 186218
Total 2004 151 150 2130 1868 121 4119 2167 909 3076 593 6403 151164 165063
Total 2003 114 64 2049 1965 113 4127 2307 929 3236 544 6272 11191 25004
Total 2002 143 88 3006 1941 166 5108 2824 1007 3831 505 4216 5533 18919
Total 2001 N/A N/A 1573 1733 180 3486 1872 824 2696 357 N/A 2531 6182
Total 2000 N/A N/A 3048 2394 345 N/A N/A 5442
TF Tulip Fe.s~ival_ OK Oktoberfest
-------- ---- _u
OF Drums of Fire Iris Iris Garden
------ ------
SF Berry Festival 4TH 4th of July_
. ..
MF Mexican Fiesta SH Basset Hounds
... -
.- - --------
Top Web Pages: -
January Directory Visitor Info ShoppinQ Demo,gra Events
.-
February Directory Visitor Info Shopping Demogre Events
March Events Visitor Info Shopping Directory
April ----------
--- ---------- ..+ .- - __
May Directory Visitor Info Shopping Calendar
June Directory Drums of FirE Local Even Visitor Inl Shopping - I--
-
July Drums of F Calendar Local Even Visitor In Shopping
August Directory Visitor Info Shopping I ~ f--- -
September Directory Events Shopping.
October Directory Visitor Info _ Sh02ping Events Important #s ----
November I - ... ---.-.
---- ..- C"... -
December Directory Parks&Rec Visitor Info Local Ev( Important #s