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Agenda - 04/24/2006 CITY OF WOODBURN CITY COUNCIL AGENDA APRIL 24,2006 -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 W ARO V EUOA 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. Marion County Board of Commissioners will conduct a public hearing regarding Legislative Amendment 06-2, the Woodburn Periodic Review, on April 26, 2006 at 7:00 p.m. in the Council Chambers. B. Registration for summer recreation programs beings May 1, 2006. C. The Woodburn Public Library spring concert series continues with the vocal harmonies of Jodee Midura, Mary Curtis, Sally Holstead and Patty Eamons on May 7, 2006 at 2 p.m. at City Hall. Appointments: D. Library Board Position VI - Phyllis McKean 1 4. PROCLAMATIONS/PRESENTATIONS Proclamations: A. Volunteer Week - April 23, 2006 through April 29, 2006 2 Presentations : B. Food Drive Donation - Mike Conzoner, MacLaren Superintendent C. Police Facility Update - Scott Russell. Police Chief D. After Incident Report, April 13, 2006 - Scott Russell, Police Chief "Habrd interpretes oisponibles para aquellas personas que no hablan Ineles, previo acuer()o. Comunlquese al (5031980-2485." April 24, 2006 Council Agenda Page i -0 5. COMMITTEE REPORTS A. Chamber of Commerce 6. COMMUNICATIONS None. 7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council consideration not already scheduled on the agenda. 8. CONSENT AGENDA -Items listed on the consent agenda are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. A. Woodburn City Council minutes of April 1 0, 2006, regular and 3 executive session Recommended Action: Approve the minutes. B. Woodburn Planning Commission draft minutes of April 13, 2006 13 Recommended Action: Accept the draft minutes. C. Police Department Statistics - March 2006 20 Recommended Action: Receive the report. D. Woodburn Memorial Aquatic Center Revenue Comparison 27 through March 2006 Recommended Action: Receive the report. E. Recreation Services Division Attendance Reports for February 28 and March 2006 Recommended Action: Receive the reports. F. Recreation Services Division Winter and Spring Revenue Reports 30 for February and March 2006 Recommended Action: Receive the reports. G. Claims for March 2006 32 Recommended Action: Receive the report. H. Removal of Street Tree at 255 N. Second Street 38 Recommended Action: Receive the report. April 24, 2006 Council Agenda Page ii I. Removal of Recreation and Parks Director 40 Recommended Action: Consent to the City Administrator's removal. without cause, of D. Randall Westerick from the position of Recreation and Parks Director effective April 13, 2006. 9. TABLED BUSINESS None. 10. PUBLIC HEARINGS A. Legislative Amendment 06-01; Mill Creek Greenway Master 42 Plan Recommended Action: Conduct public hearing, receive public comment, and direct staff to prepare an ordinance to substantiate its decision. B. Sale of Property at 670 Gatch Street 46 Recommended Action: Conduct public hearing, receive public comment, and direct staff to prepare a resolution to substantiate its decision. 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 2621 - Resolution declaring certain City property 63 located at 670 Gatch Street to be surplus property and authorizing the City Administrator to sell said property to Habitat for Humanity Recommended Action: Adopt the resolution. B. Council Bill 2622 - Resolution entering into Grant Agreement 68 No. 22829 with the State of Oregon and authorizing the City Administrator to sign such agreement Recommended Action: Adopt the resolution. C. Council Bill 2623 - Resolution authorizing the transfer of 72 operating contingency appropriations during fiscal year 2005-06 Recommended Action: Adopt the resolution. April 24, 2006 Council Agenda Page iii D. Council Bill 2624 - Resolution entering into an inmate work 76 program agreement with the State of Oregon for use of Inmate work crews and authorizing the City Administrator to sign such agreement and any future State of Oregon Inmate work program agreements for use of inmate work crews that may be received by the City Recommended Action: Adopt the resolution. E. Contract Award for Street Resurfacing Improvements 87 Recommended Action: Award the construction contract to the lowest responsible bidder, Morse Bros. Inc., for resurfacing improvements to various streets in the amount of $274,999.35. F. Water Service at 280 S. Pacific Highway 89 Recommended Action: (1) authorize disconnection of water service to 280 S Pacific Highway; and (2) adopt the policy that water services outside city limits, will be terminated upon a change of ownership or use, or lapse in use of greater than six months G. Liquor License - Change of Ownership 93 Recommended Action: Recommend that the Oregon Liquor Control Commission approve a liquor license application for Top of the Tee Restaurant. H. Participation in Model Sign Ordinance Committee 96 Recommended Action: Approve City Attorney participation. 12. NEW BUSINESS 13. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These are Planning Commission or Administrative Land Use actions that may be called up by the City Council. A. Planning Commission's Approval of Design Review 05-13 97 located at 1539 Mt. Hood Avenue 14. CITY ADMINISTRATOR'S REPORT 15. MAYOR AND COUNCIL REPORTS 16. ADJOURNMENT April 24, 2006 Council Agenda Pageiv '. .~. W~N l.(~""'tfltd lal9 ~~3D . . April 21, 2006 TO: City Council FROM: Kathy Figley, M SUBJECT: The following appointment is made, subject to the approval of the Council. Please forward any adverse comments to me prior to the Council meeting on Monday, April 24, 2006. No reply is required if you approve of my decision. LIBRARY BOARD Position VI - Phyllis McKean - term ends 12/31/08 1 4A PROCLAMATION VOLUNTBBR WEEK - APRIL 29 - APRIL 29, 2006 WHERBAS, Woodburn volunteers have undertaken many responsibilities that promote the general welfare of the City of Woodburn and make a difference in the lives of its residents; and WHE.lU?A.S, in providing these services, volunteers have demonstrated a spirit of personal concern and wholehearted willingness to help others; and WHE.lU?A.S, volunteers reflect the commitment of neighbors helping neighbors in the finest sense of that tradition; and WHEREAS, these volunteers ask nothing more than the satisfaction of a job well done; and WHEREAS, these individuals are most deserving of appreciation and thanks; and WHEREAS, the City Council, in gratitude for the dedicated service rendered by members of this community wishes to recognize all those who have given their time, energy and talents to help others. NOW, THEREFORE, I, KATHRYN FIGLEY, Mayor of the City of Woodburn, do hereby proclaim the week of April 23 through April 29, 2006 to be VOLUNTEER WEEK in the City of Woodburn and encourage government, business, and residents to honor this observance with appropriate programs, ceremonies, and activities. OF, I have hereunto set my hand and caused the seal of the ixed this 19th day of April 2006. /-- ~ u Wf._ \~ .... ""',~) #) II " ~ .~. ...,;,,!:,)1 ":1 ~ , " .t....~.. ' !Jt . .-.-.. , ;# " ~ ,:f .. ':')., <\;t~;..." ~' , 1J J\. - ..' '\ . ,,'1 "t -:' ,.' -!) . t' 0) I.. ..14 i" t. . ....t. ~. ."'.... ." I~ ~f .... ."~ t>~ If. (I, e.~..fO 2 o SA COUNCIL MEETING MINUTES APRIL 10, 2006 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 10,2006. 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 (7:03 p,m.) Present Present Present Absent Present > Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Police Chief Russell, Interim Community Development Director Zwerdling, Parks & Recreation Director Westrick, Public Works Manager Rohman, Recreation Manager Patterson, City Recorder Tennant Mayor Figley stated that Councilor Nichols had decided not to attend this meeting since his wife is recovering from surgery, 0096 ANNOUNCEMENTS. A) Woodburn Public Library will host a reception on April 23, 2006, 2:00 - 4:00 p.m., to celebrate the looth birthday of the Woodburn Public Library. Volunteers will also be honored at this event as part of National Volunteer Appreciation Week and entertainment will be provided, B) Planning Commission training workshop will be held on April 20, 2006, 7:00 p.m., in the City Hall Council Chambers, C) Public Hearing will be held before the City Council on April 24, 2006, 7:00 p.m., City Hall Council Chambers, to consider the Millcreek Greenway Master Plan Legislative Amendment 06-01, D) Public Hearing will be held before the City Council on April 24, 2006, 7:00 p,m., City Hall Council Chambers, to consider the sale of City owned property on Gatch Street. 0117 APPOINTMENTS. Mayor Figley appointed Grayce Higgins to the Budget Committee (Position II with term expiring 12/31/2007) and Willis Grafe to the Library Board (Position V with term expiring 12/3112009). MCCALLUM/SIFUENTEZ... approve the appointments of Grayce Higgins to the Budget Committee and Willis Grafe to the Library Board. The motion passed unanimously. Page 1 - Council Meeting Minutes, AprillO, 200~ COUNCIL MEETING MINUTES APRIL 10, 2006 TAPE READING 0157 PRESENTATION: CITY OF CANBY PROPOSED COMMUTER BUS TRANSPORT A TION BETWEEN CANBY AND WOODBURN. Margaret Yochem, Canby Transit and General Services Manager, stated that Canby Transit had withdrawn from Tri-Met in 2002 and they have been providing free transportation service to Canby residents through the use of a previously established Tri- Met payroll tax, Their ridership has been requesting that transit service be extended to W oodbum and, as a result, they have secured federal funding for a pilot program through Job Access Reverse Commute (JARC) from Salem Area Mass Transit that has existing JARC funds reserved for rural services. Canby Transit will be matching the $65,000 grant award which will provide for nine (9) round trips from Canby to Woodburn at peak hours going through Aurora and Hubbard. She requested the Council approval of this pilot program and consideration of some financial assistance to help Canby Transit with the $65,000 match funds, however, it is not critical that the City contribute this first year since Canby Transit has sufficient funds to meet the grant match requirement, Councilor Cox stated that the recent article in the Woodburn Independent explained the program very well and expressed his support of this trial program, Councilor McCallum questioned if the City was prepared in the upcoming City budget to contribute to this project. Public Works Manager Rohman stated that there is no cost to the City at this time but a proposal was briefly discussed at the recent Budget Committee workshop to increase the City's transit service by 2 hours for both the fixed route and Dial-a-Ride programs utilizing additional grant funds to pay for these increased service hours, He stated that he is unsure at this time how much money will be available from that grant and if there are some excess funds, staff may propose to the Budget Committee utilizing some funds towards the pilot program. He has also been discussing the possibility of offering one of the City's vehicles to Canby Transit as a standby in the event they need an additional vehicle. In regards to the grant funds for this program, Salem Transit may ask the City to be the recipient of the grant which would then be passed through to Canby Transit. Councilor McCallum questioned potential route changes to match up with this program. Public Works Manager Rohman stated that they would be looking at some minor changes to the City's existing route by July 1, 2006 in order to try and match up the City's service to the service to be provided by Canby Transit. One of the new stops being looked at by the City is the proposed Park-N-Ride lot near the freeway since that will be a bus stop for Canby Transit. The City's increased service hours would provide for an additional hour before and after the existing service hours to help those individuals who use the service to commute to work. He also stated that Salem Transit through the CART Service is looking at some route changes to be effective with the Canby service that will allow them to provide a little better service to our area. There is also transit service currently provided by Canby Transit to Wilsonville, Molalla, and Oregon City so having this new service in Woodburn will open up a lot of options for our local residents. Page 2 - Council Meeting Minutes, April 1 0, 200~ COUNCIL MEETING MINUTES APRIL 10, 2006 TAPE READING Councilor McCallum questioned the sustainability of this service since grant funds are being used for this pilot program. Ms. Y ochem stated that the grant is for a two-year program and sustainability is based on ridership. She felt that it would take a year to get the program going and the second year is when it is critical to really make it work. In the meantime, participating agencies will also need to look at budgetary resources for continuation of the program into the future. 0741 CHAMBER OF COMMERCE REPORT. Walt Blomberg, representing the Chamber Board, stated that the Woodburn Area Branding Project focus group will hold another meeting on Friday, April 14th, to work on determining what W oodbum and the surrounding area means to our residents. In regards to Chamber office personnel, Ronda Judson will be retiring by the end of June and Kim Gieger has been hired to replace Mrs. Judson, The Chamber has been involved in the original kick-off of this year's Tuilip Festival but the weather has delayed the tulips from blooming. The festival is scheduled to end on April 20, 2006, Lastly, he stated that the kiosk at the Woodburn Company Stores has been erected and an opening dedication is scheduled for April 19th at 10:00 a,m.. Councilor Bjelland stated that he serves on the Community Development Partnership which has approved lottery funding in the amount of$15,000 towards the Woodburn Area Branding Project. 0949 WOODBURN SCHOOL DISTRICT REPORT. Walt Blomberg, Superintendent, stated that the annual review of the School District's Strategic Plan will be held on Thursday, April 20th. Over the years, this plan has helped set the course and offered numerous ideas about the direction to work towards. The Strategic Planning process been a community and school effort to not only make it happen but to sustain it. Another annual event is the School's budget process and they are currently working on budget priorities for the upcoming school year, On May 11, 2006, the budget will be presented to the Budget Committee at the high school and the public is invited to attend this meeting, The School District is also moving forward with Facilities Planning and they are trying to look at 10 years into the future, It was noted that it has been 10 years since the bond issue was passed for Heritage Elementary and Valor Middle School. In that time, the district has grown almost 1,000 students and it is projected that another 1,000 students will be part of the School District over the next 10 years, The initial strategy was to use modular units due to the tremendous growth of students but a decision was made 3 years ago to build annexes that had infrastructure. Those units were built out of reserves funds and from loans that are being repaid from operational dollars. The Board recently approved completing the annex at the high school which would make it one of the small schools and this annex will also be paid for through operational dollars. The Facilities Planning team is now looking at what the District needs will be in the future and to weigh the options as to whether or not it is time to go out to the community Page 3 - Council Meeting Minutes, April 10, 20qs> COUNCIL MEETING MINUTES APRIL 10, 2006 TAPE READING to ask for bond funds for more space. It is anticipated that a proposal will be before the School Board in May 2006. The Wellness Business & Sports School hopes to have a Principal named at the Board's April 20th meeting. Lastly, District officials have become aware of a call for students to march regarding the Immigration Protest and April 13th has been the date set for students to participate in a march within our community. He stated that students have a right to participate but there are school rules that they have to comply with. Students will not be allowed off school grounds unless they have parent permission, The District has also been reminding their staffthat, as a public employee, they are not allowed to participate in or support or promote a political cause. Any staff members that are participating in this march are doing so on their own personal time. He stated that they are working with the organizers to make sure that they understand the rules the school works under and he hoped that they would help the school to support those rules with the students and their families. Administrator Brown stated that once the students leave the school property the concern shifts over to the City, in particular, the safety of the students. He stated that staffhas received some information that there may be some sort of march up the highway and assembling near the interchange, He asked Superintendent Blomberg to share any information regarding the names of organizers with the Police Chief prior to the march. Superintendent Blomberg also stated that the District has sent letters to all of the parents of students outlining the school rules, The District has no idea as to how many students may be participating in this march and many details are still not finalized by the orgamzers, 1833 Mayor Figley stated that the Marion County Board of Commissioners will be holding a public hearing at Woodburn City Hall on April 26, 2006, 7:00 p.m., on the proposed expansion of the City's Urban Growth Boundary. She encouraged members of the public who would like to submit testimony on this proposed expansion to do so either at the hearing or by submitting letters to the Commissioners. 1895 John Gervais, 360 3,d St., Gervais, stated that there has been a lot of discussion before the Council on tagging and graffiti. He has been a involved in about 3 of those cases and was extremely pleased that the W oodbum Police Department was able to apprehend the individuals involved. He has since received letters of apology from the juveniles along with restitution and, in one instance, a parent with her son came to apologize. He was also pleased to see that the Juvenile Department is trying to teach the juveniles that there is some sort of accountability for their actions, 2100 CONSENT AGENDA. A) approve the City Council minutes of March 13,2006; B) accept the draft minutes of the Recreation and Park Board of March 14,2006; C) accept the Planning Commission minutes of March 9, 2006; D) accept the draft Planning Commission minutes of March 23,2006; Page 4 - Council Meeting Minutes, April 1 0, 2~6 '0 COUNCIL MEETING MINUTES APRIL 10, 2006 TAPE READING E) accept the Library Board minutes of March 8, 2006; F) receive the Building Activity report for March 2006; G) receive the Planning Project Tracking Sheet dated April 5, 2006; H) receive the Woodburn Library reports for the period of January 2006 through March 2006; and I) receive the report on the Union Pacific Rail Line Crossing Agreement. MCCALLUM/COX.... adopt the consent agenda as presented. Councilor Cox expressed his displeasure with Union Pacific Railroad's unwillingness to work with the City and, even though he understands the reasons behind what was done by the Council and would be voting in favor of this motion, he wanted the public to know what a terrible position Union Pacific has placed the City in by requiring the license agreement. The motion passed unanimously, 2257 COUNCIL BILL NO. 2618 - ORDINANCE AMENDING ORDINANCE NO. 2399 (THE BUSINESS REGISTRATION ORDINANCE) TO ADD A REPEALING CLAUSE. Council Bill 2618 was introduced by Councilor Sifuentez. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Attorney Shields stated that Ordinance No. 2055 is in effect until April 17, 2005 (effective date of Ordinance No. 2399) and adoption of this ordinance will add language to Ordinance No, 2399 which would repeal Ordinance No. 2055. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2618 duly passed with the emergency clause. 2450 COUNCIL BILL NO. 2619 - RESOLUTION DIRECTING CITY ENGINEER TO PREPARE AN ENGINEERING REPORT FOR STREET IMPROVEMENTS ON TOUT STREET FROM SOUTH FRONT STREET TO SETTLEMIER AVENUE. Councilor Sifuentez introduced Council Bill 2619. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously, Mayor Figley declared Council Bill 2619 duly passed. 2510 COUNCIL BILL NO. 2620 - RESOLUTION SUPPORTING MARION COUNTY INTERAGENCY METHAMPHETAMINE DRUG TASK FORCE. Council Bill 2617 was introduced by Councilor Sifuentez. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2620 duly passed, Page 5 - Council Meeting Minutes, April 10, 2096 COUNCIL MEETING MINUTES APRIL 10, 2006 TAPE READING 2569 ACCEPTANCE OF PROPOSAL FOR WASTEWATER TREATMENT PLAN TEMPERATURE AND WINTER AMMONIA REDUCTION AL TERNA TIVE SELECTION. Staff recommended the acceptance of the proposal submitted by CH2M Hill which would provide for engineering services to address thermal load and ammonia-nitrogen limits on water discharged to the Pudding River. The City renewed our National Pollutant Discharge Elimination Permit System (NPDES) permit in December 2004 and, as part of the permit requirements, the target date to complete a plant temperature and winter ammonia reduction alternatives evaluation and selection is December 31, 2006. COX/LONERGAN... accept the proposal ofCH2M Hill Inc. for wastewater treatment plant temperature and winter ammonia reduction alternatives evaluation and selection and authorize the City Administrator to execute an agreement with CH2M Hill Inc, in an amount not to exceed $49,994.00, The motion passed unanimously, 2619 LIQUOR LICENSE APPLICATION: LA AZTECA. 153 GRANT STREET. A new outlet off-premise application was submitted by Tienda Mexicana La Azteca Inc. for a new small grocery store outlet to be located at 153 Grant Street.. SIFUENTEZ/BJELLAND... recommend to the Oregon Liquor Control Commission (OLCC) approval of a new outlet liquor license application for La Azteca. The motion passed unanimously. 2680 LIQUOR LICENSE APPLICATION: ROADRUNNER V WOODBURN. 850 LAWSON AVENUE. A change of ownership liquor license application was submitted by L & L Convenience LLC for an off-premise with fuel pumps license, This license would replace the Woodburn Exxon Station license located at 850 Lawson Avenue, LONERGAN/SIFUENTEZ... recommend to OLCC the approval of a change of ownership liquor license application for Roadrunner V Woodburn. Councilor McCallum stated that he understands the rules of GLCC and the rules adopted by the Council, however, he has a personal concern about off-premise liquor sales at gasoline convenience stores, Councilor Lonergan questioned the restriction placed on liquor sales at 24-hour operations, Chief Russell stated that convenience stores open 24-hours are required to lock their coolers between 2:15 am and 2:30 am and there are no liquor sales until 7:00 a.m.. Alcohol stored in boxes are not required to be removed or locked up, however, sales are not allowed until 7:00 a,m" The motion passed 4-1 with Councilor McCallum voting nay, 2915 BID # 2005-15: STREET RESURFACING IMPROVEMENTS. Bids were received from the following contractors for resurfacing of Blaine Street, McKinley Street, Bryan Street, Tomlin Avenue, George Street, and Landau Drive: Parker Page 6 - Council Meeting Minutes, April 1 0, 2~6 COUNCIL MEETING MINUTES APRIL 10, 2006 TAPE READING Northwest Paving, $252,604.90; Roy L. Houck Construction, $281,722.00; D & D Paving, $288,321.25; Brix Paving, $291,026.01; Salem Road & Driveway, $298,180.30; Morse Bros., $304,502,00; and North Santiam Paving, $309,633.60. The engineer's estimate for this project was $293,630.00 BJELLAND/NICHOLS... award construction contract to the lowest responsible bidder, Parker Northwest Paving, for resurfacing improvements to various streets in the amount of $252,604,90, The motion passed unanimously. The motion passed unanimously. 2960 BID NO. 2005-10: STREET RESURFACING IMPROVEMENTS. Bids were received from the following contractors for resurfacing South Woodland Avenue, West Lincoln Street, Santiam Drive, and the City Hall parking lot: D & D Paving, $203,633.50; Roy L. Houck Construction, $217,452,75; Parker Northwest Paving, $218,748,00; Morse Bros., $238,004.00; Brix Paving, $250,385,11; Salem Road & Driveway, $250,872,50; and North Santiam Paving, $256,380,50. The engineer's estimate for these improvements was $219,539,50. BJELLAND/MCCALLUM... award the construction contract to the lowest responsible bidder, D & D Paving, for resurfacing improvements to various streets in the amount of $203,633.50. The motion passed unanimously. 3070 BID NO. 2006-18: SETTLEMIER PARK ELECTRICAL UPGRADE - PHASE I.. Bids were received from the following contractors to address code deficiencies in power supply at Settlemier Park to the restroom, restore operation of two security lights near the skate park, and makes some provisions for future changes to lighting at the softball field: Kerr Contractors, $32,000,00; Fahler Electric, $36,907,00; Boede Construction, $42,750,00; Stadeli Underground, $48,816.00, and Kunert Electric, $68,488.00. It was noted that an upgrade to the main electrical panel supplying the Aquatic Center, Chemical Separation building, softball field, and restroom is scheduled for October 2006, COXlSIFUENTEZ... award the contract for Settlemier Park Electrical Upgrade - Phase 1, Bid No. 2006-18, to the lowest responsible bidder, Kerr Contractors, in the amount of $32,000,00, The motion passed unanimously. 3111 ODOT INTERGOVERMENT AL AGREEMENT FOR INTERCHANGE FUNDING. COXlSIFUENTEZ... authorize the City Administrator to execute an interchange funding agreement with the Oregon Department of Transportation, Councilor Cox stated that the draft form of this agreement was discussed at the last Council meeting and the language in this document is substantially the same as what was in the draft document. Councilor McCallum stated that this agreement allows for either party to "opt out" if there is a lack of funding for interchange improvements. Administrator Brown stated that the City would not be asked to pay ODOT until a notice Page 7 - Council Meeting Minutes, April 1 0, 20~ COUNCIL MEETING MINUTES APRIL 10, 2006 TAPE READING to proceed is issued which will not happen until ODOT has funding for the project. The City has already spent $2.5 million on right-of-way and if the program never moves forward, the City will be able to recapture the property. City Attorney Shields stated that the "opt out" provision was initially unilateral that would let the State out if there was no funding but now this provision is reciprocal. The motion passed unanimously, 3376 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commission's approval of Conditional Use 06-01: Property located at 689 N. Front Street, Space C. This approval allows for the establishment of a grocery store to be located at the comer of Front Street and Harrison Street. B) Community Development Director's Approval of Design Review 05-15: Property located at 916 N. Pacific Highway. This approval allows for the conversion of a retail space to a restaurant within the Mall 99E complex, No action was taken by the Council to bring these land use actions up for review. 3444 CITY ADMINISTRATOR'S REPORT. Administrator Brown stated that staff has been invited to apply for a "Weed and Seed" grant offered through the Department of Justice to address enforcement and activities to promote the prevention and intervention, Recipients of this grant would be required to have a task force made up of the various agencies who would participate in this program. This particular grant would be a multi-agency effort and a letter of intent will need to be sent off to the Department of Justice either April 27th or in June 2006 if the Council elects to pursue this grant opportunity, Program design will come after the letter of intent but he stated that he would like to move forward with developing the letter of intent so that the City can apply for the $1 million grant which will extend over a five year period. Councilor Sifuentez felt that this would be an excellent grant for the City if we were to receive it. 3776 MAYOR AND COUNCIL REPORTS. On behalf of the Relay for Life organizers, Councilor McCallum thanked the City for their contribution as a Platinum sponsor. He stated that personal contributions from the Mayor, Council, and Department Heads were received to fund this sponsorship and no taxpayer money was involved, Mayor Figley stated that it is a wonderful feeling to be a part of the Relay for Life event since funds raised go for Cancer research which is a disease that could strike people of all ages, incomes, and national origins, Woodburn has had remarkable success in raising funds even though we are considered as a less wealthy community but we are, in fact, wealthy in every respect that matters. Councilor Lonergan thanked Councilor McCallum for his work on the Relay for Life event and, even though he is no longer event Chair, he is still actively involved in organizing this event. Page 8 - Council Meeting Minutes, April I 0, 202~ COUNCIL MEETING MINUTES APRIL 10, 2006 TAPE READING Councilor Bjelland reiterated that the Community Development Partnership did recommend a little more than $15,000 for the Chamber's Branding Project. There is one more review level for this application to go through for final approval. Councilor Cox referred to a copy of the letter received from OLCC regarding the Yun Wah Restaurant license renewal and, even though OLCC had already renewed the license before the City's letter was received, he did not feel that the Council was seriously saying that the license should be denied, By submitting the letter, OLCC is now aware of the problems and hopefully they will take better control of what is happening at that location. The letter from OLCC stated that the Salem Field office has been provided with a copy of the City's letter and invited the City to contact the field office on this issue. If it is necessary to take a closer look at this establishment next year, he suggested that the City file an extension with OLCC thereby giving the staff and Council additional time to make a recommendation. Administrator Brown stated that staffhad delayed in bringing this issue before the Council since staff was waiting to see what OLCC would be doing to with that particular problem. 4296 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn into executive session under the authority of ORS 192,660(1)(h) and ORS 192.660(1)(f), BJELLAND/SIFUENTEZ... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously, The Council adjourned to executive session at 8:05 p.m. and reconvened at 8:28 p,m.. 4343 Mayor Figley stated that no action was taken by the Council while in executive session, however, Council action will be taken as a result of an item discussed. COXJMCCALLUM... authorize the City Attorney to file a lawsuit against Emmert International Properties Ltd in order to make them follow through on their obligation to remove the house from the City property located 828 Parr Road, or to take such further additional legal action that may be appropriate to enforce the City's rights in this situation, The motion passed unanimously, 4415 ADJOURNMENT. BJELLAND/LONERGAN... meeting be adjourned, The motion passed unanimously, The meeting adjourned at 8:29 p,m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Wood bum, Oregon Page 9 - Council Meeting Minutes, April 1 0, 2f>~6 '0 Executive Session COUNCIL MEETING MINUTES April! 0, 2006 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 10,2006. CONVENED. The Council met in executive session at 8:10 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Present Present Present Absent Present Staff Present: City Administrator Brown, City Attorney Shields, City Recorder Tennant Press: John Gervais, Woodburn Independent Mayor Figley reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. The executive session was called under the following statutory authority: I) To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660(1)(h); and 2) To consider records that are exempt by law from public inspection pursuant to ORS 192.660(1 )(f). ADJOURNMENT. The executive session adjourned at 8:26 p,m.. APPROVED KATHRYN FIGLEY , MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page I - Executive Session, Council Meeting Min~~s, April 10, 2006 8B WOODBURN PLANNING COMMISSION MEETING MINUTES April 13, 2006 CONVENED The Planning Commission met in a regular session at 7:00 p.nt>, in City Hall Council Chambers with Chairperson Lima presiding. ,,,,,.it~~ Chairperson Lima questioned members of the Planning CommissiOl1",ti~ving potential confliets such as family, financial, or business relationship with any of the applicants or with regard to the, project in question, If such a potential conflict exists, he asked wpether the commission in, \;9','c,,"!;if question believes he or she is without actual bias or whether h~'or she would like to step down ' from the Planning Commission during the case, , Chairperson Lima announced: agenda is available at the back of the room: We will consider cases one at a time according to the order listed in the agenda, We will follow the hearing procedure outlined on the public hearings procedures board. All perspns wishing to speak are requested to come to the podium and give their name and address.1ijrAny individuals speaking from other than the podium will not be recognized. ",~i'):~ ROLL CALL Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Lima Bandelow , GrosJacquM, Vancil ' Grigorieff Hutchison Jennings p. p pi:":',,,:; p A P p Staff Present: Naomi Zwerdling ':" Interim Community Development Director Jason RiChllng ~ ASospciate Planner Marta Carrillo - Administrative Assistant MINUTES A. Woodburn PlanninG Commission Meetin" Minutes of March 23. 2006. Vice-Chairperson Bandelow moved to accept the minutes as written, Commissioner Grosiacoues seconded the motion, which unanimously carried, BUSINESS FROM THE AUDIENCE None, COMMUNICATIONS None. Planning Commission Meeting April 13, 2006 Page 1 of 7 13 PUBLIC HEARINGS A. Design Review 05-13, Request for design review approval to construct'an 11,633 square foot multi-tenant commercial structure at 1539 Mt. Hood Avenue in the Commercial General (CG) zone, Hayes Architect, applicant. Chairperson Lima questioned if there would be any concern on ex-parte contact or ' conflict on the item. , ,t!" '- ~- ':"'..;0-- . --. . ~ Chairperson Lima. Vice-Chairperson Bandelow and Com'missioner Jennings stated that they knew the applicant, but had no conflicts with the item. .." Interim Community Development Director ZwerdlinQ read the appropriate ORS. Staff Report .:;; ;,;' ..";i~ Associate Planner RichlinQ presented the staff report on a pb~erpoint presentation. Slide #2 '. ' ,-.~ Associate Planner Richling stated that the subject site is one (1) actl in area and is defined as parcel #1 of partition case file #04-05. The property is identified on the Marion County Tax Assessor's Map asit_lot #3801:(J.5-R1W..sedicm fi)8A. It is a commercial flag lot back from the Mt. Hood Ave. riQht of way. It i~ currentl~ vacant. The properties to the North and South are developed with a commercfal rental business and the Washington Mutual Bank respective.ly.The properties to the East and West are the Mid- Valley Shopping Plaza and the Wellspring Medical Center. There is a non-significant wetland located on the property and it is proposed to be filled with this development. Department of State Lands has commented that no removal fill permit is required due to the less than 50 cubic yard Qf earth that will ~required for the permit. It is also located outside the 500'year floor plain. " Slide #3 Showing an aerial '(iewpf the existing conditions (green outline), It does involve some upgrades to the Washington Mutual site to the south and improvements to the access shared with the properties to the North and South. Commissioner Jennings asked Associate Planner RichlinQ about the northwest corner of the site plan and will it be improved during the progression of the project. Associate Planner Richlina stated there is a proposed upgrade to portions of Washington Mututal's property, and the northwest corner of the property is part of the area that will be improved. Slide #4 The first photo is of existing conditions and looking across the property from the East property line towards the West. The West is the Wellspring Medical Center, The second photo is looking from South to the North, Planning Commission Meeting April 13, 2006 Page 2 of 7 14 .. Slide #5 (Site Plan) Access is to Mt. Hood Ave, via a 40 foot wide shared access easement that provides access from the Mt. Hood Avenue to the CW Rents property, the subject property and to the Washington Mutual property. No changes are propose a~~the proposal. In addition, cross access is provided from the 25' . _'" est cross-access easement that was established in Partition Case File #04-05;"( abuts the South side of the subject property and the North side of the Washington MGtual property, It is 20 feef';"" on the subject site and 5 feet on t~e prop~rty to the,$<?,MtJ):' It connects to the Mid-Valley, Plaza to the East and the Wellspring Medical Centertotne West. ~ . A buffer wall is not required because all the surrou'l, mg properties are commercially developed, however, there is a provision in the WPO that if a buffer'wall is proposed, access and/or parking vehicle circulation can enc~ch into a seJback in order to maximize the site, The applicant has done this on tOe West prwerty line to make room for a one-way access coming down the West side of the bu~lng that encroaches into the interior yard setback. ;. Off-street parking required for the subject site is 61 spacesiSome"Of the spaces will be located on the property to the s~~t,~' forty-two of the 61 spaces,ar~focated on the property to the south and includ~~f;:fbloCl<()f SPClC13S and about % oh,mother block. Those are separate and discretefr"m the existing off-street parking that is required for the Washington Mutual Bank, wh.exists:t"fhe)applfeant,ro.,oses improvements on the Washington Mutual site in regard to upgrading and expanfllng the landscaping in the front yard setback, The northwest comer, portion is going to be improved with a two-way shared access. The spaces are separate>and distinct. They will establish parking with the Washington Mutual site via easement. Slide #5 . ~ , '"L, '.~ ',' .." A view of the Tax Assessors Map, The parcershows the two access easements. The 40 foot shared access to Mt; Hood Ave, and the 25 foot cross access easement. Slide #6 ':,L (t.i;t~t;c::,,~",,;;.:..i.)~ The building elevationtshow four distinct peaks, pavilions defining the South building fal;ade, It also modulat~s to the south and to the north of increments of 2' and 4' to get displacement and visual articulation to the south fal;ade facing Mt. Hood Ave, The building is oriented similarly to other developments to the East and West and will face South. Slide #7 Materials proposed (on the sample board) in the coloration scheme for the buffer wall and building are sand textured stucco, stone veneer and middle-trim and pavilion roofing, natural wood, ceramic tile and horizontal lap siding. There will be awnings above each of the 10 tenant spaces that are featured on the south fal;ade and an earth tone palette is the proposed coloration for the structure, Planning Commission Meeting April 13, 2006 Page 3 of 7 15 ." Slide #8 The landscaping plan shows landscaping on the entire site. The subject property is providing ample landscaping in the North upper yard, East and ,South; but not along the West because it is an access drive. There is proposed new,4~~tlirds~ijPQ#f?i.the South abutting Mt. Hood Ave, and abutting the shared access ~sementonth$ East side of the property.." ;,,", Commissioner Vancil asked about the Washington r..aU~,H~~Sign being in compliance V{~lt!,~".,'"it the WOO or would it be updated with the development;,;' , "/ ',', .i,c,':"tr#,> '" ~-".~::3.~:t .' Associate Planner Richlinq stated that the ordinanc,:'was reviewed and the site is not designed as a complex so Washington Mutual would not need to cOme into compliance at this time. "'h, ..If "" Associate Planner Richlino concluded his report~~~t;tat~~~fthe applicant met all the applicable standards of the WOO and based on the infol1l1atio(l in the report, the information provided by the applicant and the applicable reView crjteria findings required to approve Design Review 05-13 can be made. He concludectthepresentation and was available for questions. '"'''' Chairperson Lima opened the fOrtlm forqlJestion~ to staff., . .,,;~;t;t,A, ""F0i~*~~~'k,.~~'~{;,"'ii1iA~M!lJMN'tfif#.," Commissioner Hutchison asked if imp~ovements to the mainr(j~d and the easement were going to be made, l' ", .I' Associate Planner Richling stated that improv~rh~nts would be made along the side of the easement with new asp halted concrete to the property line to improve the access. 1} Chairperson lirt,)a invited!th~ applicant to the ~~um to comment on the project ..- ~ -, ':., Ryan Leng. 6445 129th Place SE, Bellevue, ""'A, is part owner with Mark Wolf. They own various properties. The process has been on":going for two years while working with a conglomei'llte such asWCilshington Mutua~:Associate Planner Richlinq has been very thorough with the proj~t.- He then became available for questions. Vice-Chairperson Bandelow asked about the completion of the easement. Lentz stated that the easement is complete, the parking and CC&R's are in place and the City has a copy of the information. Everything between Washington Mutual and the applicant's project are agreed upon and they are anxious to commence the project because of a possible remodeling project for the bank. Upon completion of the proposed site, Washington Mutual wants to do a remodeling project that allows for customers to have easy access to the traffic light as opposed to looping around and cross through traffic. Although budgeting was exceeded, it will add to Woodburn's standard in buildings, Commissioner Vancil asked about the 60 parking spaces and what predictions were determined for businesses. Lentz stated that the benefit of the project was the shared parking with the bank, The bank is only a daytime use and hardly a weekend use, Restaurant businesses were an Planning Commission Meeting April 13, 2006 Page 40f7 16 o issue with parking and limiting the amount of spaces that were allowed. At best 4 or 5 restaurants could be added, The current issue with restaurants is the apditional funds for sewer hook-up, water fees, etc, and those fees would exceed the purchase price of the land, Most tenants are local with a possible national. The nationalbusiness~s are more apt to pay for their share of the fees, but with local busines$~~t}j~js a!~~~;~i" impossibility to recover the fees, Working with Public Worksdhs$>'been a great, but the fees are still not at a feasible state. Building permits will be submitted as soon as' '. approval is made and commence construction around June or early July. The predicted,'; opening time and building permit approvals could be t~j.T1onths. . ,.;('1/' ~ Chairperson Lima invited proponents of the item. NonEf ;l Chairperson Lima invited opponents of the item. None. f' Chairperson Lima opened the item for discussion a~~;~\~;~~(:"Planning Commission. Commissioner Jenninqs stated that he reviewed the criteo~:l"an,d saw that all requirements were met. ... Commissioner GrosJacoues stated that it would add to Woodburn's f~ppeal. , ... ,.;;~ Commissioner Vancil stated that he agreed wiU\ the being brought in by the applicam~ ..,:.f,. . , Vice-Chairperson Bandelow stated that it would mat<e a differ~nce in Woodburn on 99E. Chairperson Lima commented that it is unfortunate that it will be hidden. Vice-Chairperson Bandelow made a motion to i3Pprove Design Review 05-13, seconded by Commissioner Vancil. . ROLLCALL Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Lima Bandelow, . GrosJacques Vancil Grigorieff Hutchison Jennings yes yes yes yes yes yes ITEMS FOR ACTION Interim Community Development Director Zwerdlinq commented that a Final Order for approval of Design Review 05-13, request for design review approval to construct an 11,633 square foot multi-tenant commercial structure at 1539 Mt. Hood Avenue in the Commercial General (CG) zone, was available for motion to accept by the Planning Commission. Commissioner GrosJacQues moved to accept the Final Order for approval of Design Review 05-13. Commissioner Vancil seconded the motion, which passed unanimously. Planning Commission Meeting April 13, 2006 Page 5 of 7 17 DISCUSSION ITEMS / Interim Community Development Director ZwerdlinQ stated that the City Attprney is preparing an agenda for the Planning Commission training,~9~~oR,t9,r,-Iby~~eay, April 20th at 7:00 pm, He has some reading information that will be dfi;'fivered prior to the. meeting for review, //"'~'> Commissioner JenninQs mentioned that the training ~i!t~t be televised. .' ':! Interim Community Development Director Zwerdling ~tated that t.he training was scheduled on the Thursday prior to the Planning Commission meeting because of an item scheduled for the April 2th meeting and alsQwanted to dedi~te the time for the single item, REPORTS A. Building Activity for February 2006 Chairperson Lima stated that the amount shows a generous f1pw of income, ""'-.<f}' B, Tracking Sheet Commissioner Jenninos commented about placingth~ project description name instead of only the addresses on the trackipg sheets:1' iY' He asked about the Nathan Dalton Construction Coffee Kiosk item and if it had been incomplete since November 2005. Associate Planner Richlino stated that iihad still been deemed incomplete after speaking with the consultant in December. They will be advised that the inC991plete time perjod is nearing, Interim Community DevelotJment Director Zwerdlino stated that the tracking sheet would beJTlodifred to be. mote user friendly, Commissioner Vancil stated that he noticed a leasing sign near Pizza Hut that shows a building unfamiliar to the Planning Commission. It is a two-story office structure that has a glass look on both levels. It is not the Wellspring Medical Center. Interim Community Development Director ZwerdlinQ stated that the property owner, John Baker, has not submitted a design review application to the Planning Division yet. A design review application would be required to be submitted prior to the construction of a building. Chairperson Lima inquired about the one item scheduled for April2th. Interim Community Development Director Zwerdlino stated that the one item schedule is for the Mark Dane project on the Capital Development site next to the Kohl Apartments, Planning Commission Meeting April 13, 2006 Page 6 of 7 18 Commissioner Vancil asked if that was the last phase for the complex, Interim Community Development Director Zwerdlinq stated that it was not the last phase of the Woodburn Town Center project. It will be a single family residential (RS) development in the triangular piece next to the ap~Jllnel)~~)t~.~ed Medium Density Residential (RM), It is possible to do a PUD on RM ionedland. '~?f ~ ,~ '~i1'J,;?>. , t. Montebello III is located South of the project and Montebello IV is located West of Evergreen Rd, Commissioner Vancil asked if more plots are available in the Town Center that would need to be developed, .,;1 ;l Interim Community Development Director Zwerdling stat~d that they have all the commercial properties located towards 1..5. The sil'lgle,{amily residential lots have come before the Planning Commission becaus~ MC)otebello III was approved quite a while ago and waiting on wetland approval frOm the state. Montebello IV was approved recently and needs to come in for finai plat approval. Wetlands on this site are also creating a delay. ~':}?" BUSINESS FROM THE COMMISSION Commissioner Jennings stated thaitpe training wouldhavetQ;qe noticed. Whenever a quorum meets, it does need to be noticed. ;' Commissioner Vancil requested that future workshops be scheduled on dates when meetings are cancelled or on off meeting dates. Chairperson Lima stated that for personal reasons he would not be able to continue as Chairperson of the Planning, Commission. He. W9u1d have a more definite answer on the decision about mid-week. He has enjoyed serving the City. He wanted to advise the Planning Cqmmission of the decision because he would want to serve fully, He appreciates being a part of the group. . ADJOURNMENT. Vice-Chairperson JenninQs moved to adjourn the meeting. Commissioner GrosiaCQues seconded the motion, which unanimously carried. Meeting adjourned at 7:40 pm. APPROVED CLAUDIO LIMA, CHAIRPERSON Date ATTEST Naomi Zwerdling Interim Community Development Director City of Woodburn, Oregon Date Planning Commission Meeting April 13, 2006 Page 7 of 7 19 ... ~. ~ WQODBURN I.,."..."J "8~ 8e ~~ . . April 19, 2006 TO: Mayor and City Council through City Administrator FROM: Scott Russell, Chief of Police SUBJECT: Police Department Statistics - March 2006 RECOMMENDATION: Receive the report. BACKGROUND: The attached report lists year-to-date reported offenses and arrests displayed by month. DISCUSSION: The statistics have been gathered from the Police Department's Records Management System. The previous year's statistics are also displayed for comparison purposes. FINANCIAL IMP ACT: None. Agenda Item Review: City Administrator City Attorney Financ 20 .."''-''-'........' , .....' '-'''' ...."'t-'.... onE: 4/19/2006 TIME. 10:26: 18 OKI#: OR0240500 WPD MONTHLY CRIMINAL OFFENSES FOR JANUARY THRU MARCH 2006 RESULTS FOR ALL OFFENSES PL6860 SCOTTRU CHARGE DESCRIPTION JAN FEB MAR TOTAL -- -----------------------------------~----------------------------------------------------------------------------------------.--.-- AGGRAVATED ASSAULT 2 2 2 6 AGGRAVATED MURDER 0 0 0 0 ANIMAL ORDINANCES 4 6 2 12 ARSON 0 0 0 0 ASSAULT SIMPLE 14 18 23 55 ATTEMPTED MURDER 0 0 0 0 BOMB THREAT 0 0 0 0 BRIBERY 0 0 0 0 BURGLARY - BUSINESS 8 5 7 20 BURGLARY - OTHER STRUCTURE 3 3 3 9 BURGLARY - RESIDENCE 3 1 8 12 CHILD ADBANDOMENT 0 D 0 0 CHILD NEGLECT 1 0 1 2 C lTY ORDINANCE 2 3 1 6 CRIME DAMAGE-NO VANDALISM OR ARSON 38 22 36 96 CURFEW 0 1 0 1 CUSTODIAL INTERFERENCE 0 1 0 1 CUSTODY - DETOX 2 0 3 5 CUSTODY - MATERIAL WITNESS 0 0 0 0 CUSTODY - MENTAL 2 0 2 4 CUSTODY - PROTECITVE 0 1 0 1 DISORDERLY CONDUCT 1 7 6 14 JOCUMENTATION 0 0 0 0 DRINKING IN PUBLIC 0 0 0 0 DRIVING UNDER INFLUENCE 12 7 15 34 DRUG LAW VIOLATIONS 15 14 32 61 DRUG PARAPHERNALIA 0 0 0 0 DWS/REVOKED - FELONY 0 1 0 1 DWS/REVOKED-MISDEMEANOR 6 6 7 19 El_UDE 4 0 0 4 EMBEZZLEMENT 0 0 0 0 ESCAPE FROM YOUR CUSTODY 0 0 0 0 EXTORTION/BLACKMAIL 0 0 0 0 FAIL TO DISPLAY OPERATORS LICENSE 6 9 5 20 FAMILY-OTHER 0 0 0 0 FORCIBLE RAPE 0 0 2 2 FORGERY/COUNTERFEITING 7 5 11 23 FRAUD - ACCOUNT CLOSED CHECK 0 0 0 0 FRAUD - BY DECEPTION/FALSE PRETENSES 2 0 0 2 FRAUD - CREDIT CARD/AUTG~ATIC TELLER MACHI~E 4 2 3 9 FRAuD - IMPERSONATION 3 5 4 12 FRAUD - ~o ACCOUNT - CHECK 0 0 0 0 FRAUD - NOT SUFFICIENT r:-L:NCS CHECK 0 0 1 FRAUD - 2F SERVICES/FALSE PRETENSES 1 0 1 2 FRAUD -"ELF.-'lRE 0 0 0 0 :RAUD - >,;"E 0 0 0 n v FRAUD-O~HER 0 0 0 G FUGITIvE ARREST FOR ANOTHER AGENCY 42 36 42 12C Fl.:RN I SH 1 ~JG 0 1 1 L :;AJ"'8L I \G BCG~:r.1AK I NG 0 0 0 0 :JA"'8L I ~iG - GA."1ES 0 0 0 0 :JA'-18 LING - :~LEGAL CEVISES/~ACHINES 0 0 0 0 21 .~ JATE: 4/19/2006 rIME 102618 JRI#: CR0240500 WPD MONTHLY CRIMINAL OFFENSES FOR JANUARY THRU MARCH 2006 RESULTS FOR ALL OFFENSES PL6860 SCOTTRU C~ARGE DESCRIPTION JAN FEB MAR TOTAL _.-----------------------------~----------------------------------------~--------------------------------------------------~-------- GN1BLING - ILLEGAL PAY OFF 0 0 0 0 GAMBLING - NUMBERS AND LOTTERY 0 0 0 0 GAMBLING - OTHER 0 0 0 0 GARBAGE LITTERING 0 0 0 0 HIT AND RUN FELONY 1 0 0 1 HIT AND RUN-MISDEMEANOR 17 15 9 41 ILLEGAL ALIEN - INS HOLD 0 0 0 0 ILLEGAL ESTABLISHMENT 0 0 0 0 ILLEGAL LIQUOR-MAKE.SELL.POSSESS 0 0 0 0 I~PORTlNG LIQUOR 0 0 0 0 I~TIMIDATICN /OTHER CRIMINAL THREAT 9 0 3 12 JUSTIFIABLE HOMICIDE 0 0 0 0 KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 0 1 1 2 KIDNAP - FOR RANSOM 0 0 0 0 KIDNAP - HI-JACK. TERRORIST 0 0 0 0 KIDNAP - HOSTAGE/SHIELD OR REMOVAL/DELAY WITNESS D 0 0 0 LICENSING ORDINANCES 0 2 2 4 LIQUOR LAW-OTHER 0 0 0 0 LIQUOR LICENSE VIOLATIONS 0 0 0 0 MINOR IN POSSESSION 0 3 4 7 MINOR ON PREMISES 0 0 1 1 MISCELLANEOUS 6 12 8 26 MOTOR VEHICLE THEFT 10 8 14 32 NEGLIGENT HOMICIDE - TRAFFIC 0 0 0 0 NEGLIGENT MANSLAUGHTER 0 0 0 0 NON CRIMINAL DOMESTIC DISTURBANCE 0 0 0 0 NON SUPPORT 0 0 0 0 OTHER 15 16 19 50 PARENTAL RESPONCIBILITY ORDINANCES (SVP) 0 0 0 0 PROPERTY - FOUND LOST MISLAID 25 19 29 73 PROPERTY RECOVER FOR OTHER AGENCY 2 0 1 3 PROSTITUTION - COMPEL 0 0 0 0 PROSTITUTION - ENGAGE IN 0 0 0 0 PROSTITUTION - OTHER 0 0 0 0 PROSTITUTION - PROMOTE 0 0 0 0 PUBLIC HEALTH AND SAFETY ORDINANCES 15 19 18 52 RECKLESS DRIVING 2 0 0 2 ROBBERY - BANK 0 0 0 0 ROBBERY - BUSINESS 0 0 1 1 ROBBERY - CAR JACKING 0 0 0 0 ROBBERY - CONV.STORE 0 a 0 G RCBBERY - HIGHWAY 0 0 0 0 ROBBERY - eTHER 0 0 2 ;:: PC58ERY - RESIDENCE 0 0 0 u peBBERY - SERVICE STAnCii 0 0 0 C RL:M:~AY 6 13 7 2f SEX CRI~E - CONTRIBUTE TO SEX CELINQUE~CY 0 2 2 SEX CRIME - EXPOSER 0 0 0 SEX CRIME - FORCIBLE SOCOMY 0 0 1 SEX CRIME - INCEST 0 0 0 SEX CRI~E - ~LEST (PHYSICAL; 2 6 2 i( SEX CRIME - NON FCRCE SODOMY 0 0 0 22 o ATE: 4/19/2006 IME 1026: 18 ~I#: OR0240500 WPO MONTHLY CRIMINAL OFFENSES FOR JANUARY THRU MARCH 2006 RESULTS FOR ALL OFFENSES I-'LOOOU SCOTTRU JARGE DESCRIPTION JAN FEB MAR TOTAL .~- -- -~ - - ~ --- ----~ - -~ -- - - - -- - -- --- - -- -- - - - -------_.-- -- --- - -- .-------. -------------~ -~ -_.----- --.----- .---- - - - - -- -- ----------- - - - - -- 3EX CRIME - ~ON-FORCE RAPE SEX CRIME - OBSCENE PHONE CALL SEX CRIME - OTHER SEX CRIME - PEEPING TOM SEX CRIME - PORNOGRAPHY/OBSCENE MATERIAL SEX CRIME - SEXUAL ASSAULT WITH AN OBJECT STALKER STOLEN PROPERTY - RECEIVING.BUYING.POSSESSING SUICIDE ;HEFT - BICYCLE THEFT - BUILDING THEFT - COIN OP MACHINE THEFT - FROM MOTOR VEHICLE THEFT - MOTOR VEHICLE PARTS/ACCESSORIES THEFT - OTHER THEFT - PICKPOCKET THEFT - PURSE SNATCH THEFT - SHOPLIFT TRAFFIC ORDINANCES TRAFFIC VIOLATIONS TRESPASS UNKNOWN VANDALISM VEHICLE RECOVERD FOR OTHER AGENCY WARRANT ARREST FOR OUR AGENCY WEAPON - CARRY CONCEALED WEAPON - EX FELON IN POSSESSION WEAPON - OTHER WEAPON - POSSESS ILLEGAL WEAPON SHOOTING IN PROHIBITED <'IREA WILLFUL MURDER ZONING ORDINANCE TOTAL: 2 0 0 2 1 1 0 2 0 0 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 1 4 7 0 0 0 0 1 3 2 6 2 3 3 8 0 0 0 0 46 57 39 142 23 14 14 51 8 11 13 32 0 0 1 1 1 0 0 1 7 3 3 13 0 1 4 5 14 15 14 43 7 4 9 20 0 0 0 0 49 41 47 137 4 2 3 9 0 2 0 2 2 1 1 4 0 0 2 2 0 0 0 0 0 0 3 3 0 0 0 0 0 0 0 0 2 4 7 13 463 435 512 1410 ~ - ---- -- - - - - ----- ----- -- - -- -- -- - - - ------- --- ---- - --- --------------------~------------ ------------- ------- - ----------.-------- -- - - - -- 2006 TOTAL: 463 435 512 0 0 0 0 0 0 0 0 0 1410 2005 TOTAL: 432 382 377 0 0 0 0 0 0 0 0 0 1191 2004 TOTAL: 541 543 575 0 0 0 0 0 0 0 0 0 1659 23 o lATE. 4/19/2006 rIME 10:25:56 JRI#: OR0240500 WPD MONTHLY ARRESTS BY OFFENSE FOR JANUARY THRU MARCH 2006 RESULTS FOR ALL CHARGES =HARGE DESCRIPTION AGGRAVATED ASSAULT AGGRAVATED MURDER ANIMAL ORDINANCES ARSON ASSAULT SIMPLE ATTEMPTED MURDER BCMB THREAT BURGLARY - BUSINESS BURGLARY - OTHER STRUCTURE BURGLARY - RESIDENCE CHILD ACBANDCMENT CHILD NEGLECT CITY ORD I NANCE CRIME DAMAGE-NO VANDALISM OR ARSON CURFEW CUSTODIAL INTERFERENCE CUSTODY - DETOX CUSTODY - MENTAL CUSTODY - PROTECITVE DISORDERLY CONDUCT DOCUMENTATION DRINKING IN PUBLIC DRIVING UNDER INFLUENCE DRUG LAW VIOLATIONS DRUG PARAPHERNALIA DWS/REVOKED - FELONY DWS/REVOKED-MISDEMEANOR ELUDE EMBEZZLEMENT ESCAPE FROM YOUR CUSTODY EXTORTION/BLACKMAIL FAIL TO DISPLAY OPERATORS LICENSE FAMILY-OTHER FORCIBLE RAPE FORGERY/COUNTERFEITING FRAUD - ,c..ccOUNT CLOSED CHECK FRAUD - BY DECEPTION/FALSE PRETENSES FRAUD - CREDIT CARD/AUTOMATIC TELLER MACHINE FRAUD - IMPERSONATION FRALD - NOT SUFFICIENT FUNDS CHECK FRAUO - OF SERVICES/~ALSE PRETENSES FRAJD -,~ I RE FRAUD-OTHER FUGITIVE ARREST FOR ANOTHER AGENCY FUR~nSHI~G ~A.~8L I NG -:;A.~ES :A.~BLl t'.G - ,JT ~ER 3ARBAGE LITTERING ~IT AND RUN FELC~Y 1IT AND RLN-MISCEMEANCR illEGAL ALIEN - INS HOLD ;~~I"'IDATIJ~J IOThER CRI~I\I\L T'r'REAT JAN FEB MAR 315 000 010 000 15 11 22 000 000 000 010 300 000 101 021 102 010 010 203 202 010 2 7 12 000 000 12 7 15 16 16 44 o 0 0 010 867 500 000 000 000 6 9 5 000 o 0 0 016 000 o 0 0 010 013 000 000 000 000 44 42 48 011 000 000 000 100 512 000 922 24 PL6850 SCOTTRU TOTAL 9 o 1 o 48 o o o 1 3 o 2 3 3 1 1 5 4 1 21 o o 34 76 o 1 21 5 o o o 20 o o 7 " u o 1 4 o o o o :34 2 o I) c 8 o 13 .. \TE: 4/19/2006 ; ME. 10 25' 56 ~l#: GROZ40500 WPD MONTHLY ARRESTS BY OFFENSE FOR JANUARY THRU MARCH 2006 RESULTS FOR ALL CHARGES f'LbboU SCOTTRU 1ARGE DESCRIPTION JAN FEB MAR TOTAL - -- - - -- -- p - - - -- --- -- -- - - - - - - - -- - --- - ------- - - -- -- - -- -- -. - - -- ----------- -- - --- ICNAP - FOR ACDITICNAL CRIMINAL PURPOSE 0 0 0 IONAP - FOR RANSOM 0 0 0 IDNAP - HI-JACK,TERRORIST 0 0 0 .ID~~P - HOSTAGE/SHIELD OR REMOVAL/DELAY WITNESS 0 0 0 ICENSING ORDINANCES 0 0 0 .IQUOR LAW-OTHER 0 0 0 _IQUOR LICENSE VIOLATIONS 0 0 0 1INOR IN POSSESSION 0 5 3 ~INOR ON PREMISES 0 0 1 '1ISCELLANEOUS 0 0 0 ~TOR VEHICLE THEFT 2 1 6 NEGLIGENT HOMICIDE - TRAFFIC 0 0 0 NEGLIGENT ~ANSLAUGHTER 0 0 0 NCN CRIMINAL DOMESTIC DISTURBANCE 0 0 0 OTHER 9 14 13 PROPERTY - FOUND LOST MISLAID 0 0 0 PROPERTY RECOVER FOR OTHER AGENCY 1 0 1 PROSTITUTION - COMPEL 0 0 0 PROSTITUTION - ENGAGE IN 0 0 0 PROSTITUTION - PROMOTE 0 0 0 PUBLIC HEALTH AND SAFETY ORDINANCES 0 0 0 RECKLESS DRIVING 2 0 0 ROBBERY - BANK 0 0 0 ROBBERY - BUSINESS 0 0 0 ROBBERY - CAR JACKING 0 0 0 ROBBERY - CONV.STORE 0 0 0 ROBBERY - HIGHWAY 0 0 0 ROBBERY - OTHER 0 0 4 ROBBERY - RESIDENCE 0 0 0 ROBBERY - SERVICE STATION 0 0 0 RUNAWAY 2 6 3 SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY 0 0 0 SEX CRIME - EXPOSER 0 0 0 SEX CRIME - FORCIBLE SODOMY 0 0 0 SEX CRIME - INCEST 0 0 0 SEX CRIME - MOLEST (PHYSICAL) 0 1 2 SEX CRIME - NON FORCE SODOMY 0 0 0 SEX CRIME - NON-FORCE RAPE 0 1 0 SEX CRIME - OBSCENE PHONE CALL 0 0 0 SEX CRI~E - OT~ER 0 0 0 SEX ':RI~E - PORNOGRAPHY /OBSCENE ~ATERIAL 0 0 0 SEX CR!ME - SEXUAL AS SAUL T 'AITH AN OBJECT 0 2 0 STALKER 0 0 0 STOLEN ?RCPERTY - RECEIVING,BUYI~G.POSSESSING I 1 2 SUICiDE 0 0 0 ~rUT - 3ICYCLE 0 1 0 THEFT - 8U:LDI~~G 0 0 0 ii-HT - CO I ~J CP i-'ACH; NE 0 0 0 ~HEFT - cQCM ~.1OTOR VEHICLE I 2 2 ~~EFT - ~TCR VEhICLE PARTS/ACCESSCRIES 0 0 I rHEFT - OTHER 0 2 3 ~1EFT - P:CKPOC~ET 0 0 0 o o o o o o o 8 1 o 9 o o o 36 o 2 o o o o 2 o o o o o 4 o o 11 o o o o 3 o I o o o 2 o <1 I~ o 5 5 25 ATE. 4/19/2006 WE ~O.25 56 Rl#' OR0240500 WPO MONTHLY ARRESTS BY OFFENSE FOR JANUARY THRU MARCH 2006 RESULTS FOR ALL CHARGES f'Lbd8U SCOTTRU :HARGE DESCRIPTION JAN FEB MAR TOTAL -HEFT - PL:RSE SNATCH -HEFT - SHOPL I FT iRAFFIC ORDINANCES fRAFFIC VIOLATIONS rRESPASS VANDAll SM VEHICLE RECOVERD FOR OTHER AGENCY WARRANT ARREST FOR OUR AGENCY WEAPON - CARRY CONCEALED WEAPON - EX FELON IN POSSESSION 'fJEAPON - OTHER WEAPON - POSSESS ILLEGAL WEAPON - SHOOTING IN PROHIBITED AREA 'fJILLFUL MURDER ZONING ORDINANCE 0 0 0 0 6 1 4 11 0 0 0 0 33 51 74 158 8 5 11 24 9 7 1 17 1 0 0 1 0 2 0 2 1 1 1 3 0 0 3 3 0 0 0 0 0 0 5 5 0 0 0 0 0 0 0 0 0 0 0 0 --- - - - - - -- -- -- - - -- - -- - -- -- - -- ------ --- -- - -- -- - -- --- ------ -- --- --- ------- -------..- -------- -------- --- ------ - - ------. - - - - - - - - - - - - - - - -- 2006 TOTAL: 211 217 321 0 0 0 0 0 0 0 0 0 749 2005 TOTAL: 129 149 144 0 0 0 0 0 0 0 0 0 422 2004 TOTAL: 208 194 218 0 0 0 0 0 0 0 0 0 620 26 ,. Woodburn Memorial Aquatic Center Revenue Comparison FY '2004-05 v,s. FY'2005-06 SpeclllI Eventa AdnuaalOllJ Membcnhipo Le.som Rentala Resale ConceulOl111 TOTAL Attendance $ Difference ~. D1lIerenoe Dollar Avg Special Evenll Adnuaa>Olll Membcnhipo Le.solll Rentala Resale ConceaalOlll July 2004 Julv 201.15 Aua2004 AUR2oo5 Seot 2004 Scot 2005 Oct 2004 Oct 2005 Nov 2004 No. 2005 Dee: 2004 Dee: 2005 SOllO $0.00 SO 00 SO.OO SO.OO SO.OO $000 SO.OO $000 59454.81 $1059450 $6 078.72 $6 507.60 $6 2\1.30 $4 500.90 52 393.59 $2670.08 $5087.54 $4 604.55 $5 778.45 $4 \0145 52 063 50 $2 164.00 $1 357.00 $2 086.50 $\ 492.50 $781.50 5355.50 $652.00 $568.85 51 635.40 $2.874.70 5\ 631.75 $8 246.58 S6 65500 $5\\4.01 $11 435.75 $3 104.10 $8 333.39 $3 04223 5\ 2\ 0.50 55539.15 51 838.00 5928 92 5725.75 $475.00 $156.00 $652.50 $504.85 $845.00 $300.00 5\ 470.98 $\ 006.25 5\ 387.92 $\ 429.62 51 048.00 $2 280.00 5736.95 $658.75 $489.15 $571.50 $645.80 5202.15 5214.55 $J 80.33 $315.58 $274.15 $163.1 0 S245.45 $3,696 81 $3,709.65 $2,555.33 $4,5488\ $1,8\0.30 51,495.65 S725.8O $1,033.93 5\ ,387.92 5950.30 $\,\1775 $\,00769 24,67365 23,937.90 16,246.71 25,655.01 14,109.00 15,6J 3.59 8,20265 6,753.09 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 4,42\ 4,336 4,071 3517 -735.75 9,408 .30 1,504.59 -J ,449.56 -3,554.94 -2,019 -003 0.58 0\] ..v. 1 8 ..v 25 ..0.17 $299 $356 5278 $4.27 $3.37 55.52 52.05 $2.59 $3.23 $2.48 52.95 52.84 Jan 2005 llUl 2006 F eb 2005 Feb 2006 Mar 2005 Mar 2006 April 2005 April 2006 Mav 2005 Mav 2006 JWle 2004 looe 2006 $0.00 so 00 $0.00 $0.00 $0.00 S841.14 $4 907.62 $6 1I 0.20 $50\4.09 $6 388.63 $7927.65 $4 320.49 57 198.50 $6 028.30 $9 104.55 $20777.OS $6 395.90 SI 484.00 $3 73940 $974. SO $992.90 $1 086.20 5983.00 $2136.25 $3 636.67 $3 816.25 $4 95296 $4 086.35 $4.578.15 $] 381.87 $4 394.21 $4 648.90 58 029.12 52007.97 $975.00 $1 853.22 $] 301.55 $848.00 51 287.00 51 029.50 $670.00 5700.00 $J 9155 $280.75 $527 75 5340.80 5376.35 5791.13 $220.35 $278.90 $597.J6 $1,281 OJ $1,725.96 $],581.65 $1,60969 $1,946.42 $1,231.80 5J,518.17 $1,81607 $3,772.82 TOTAL 32,801~ ] 9,304.06 15,413.67 17,466.42 J 6,65107 \0,005 ]9 15,446.93 0.00 14,425.17 0.00 25,181.04 0.00 Attendance 4,560 5064 5,178 4290 5,644 5365 5,398 4,038 t.;) $ Differ-eoc:e - 13,497 .84 2,052.75 -6,645.88 -15,446.93 -]4,425.17 -25,18J .04 '4 % Difference -0.41 013 -0.40 -1.00 -100 -1.00 Dollar Avg 7.19 381 2.98 4.07 2.95 1.86 2.86 #DN/OI 3.57 #ON/O! IIDNIOI IIDN/OI Year to date by account Year To Date Summa 2004. 2005 TolaJ Rn.... 21104-200ll 137,745.46 Special evenll Total Rev.... 2005-2006 139,459.37 Admiuiona Membcnhipo DIlrenollCe 1,713.91 to date Lesaona Pernat C 0,01 Rentala Resale Year To Date Attendance ConCOlllions r- =i Year to date IoIaI $137,745.46 5139,459.37 $1,713,91 00ll 2006 1 2 month total $1S4,3\l6.5J -$14,937.16 Budget $213,000 -$83,541 Coot Recovey Perce...... Year To Date Y-'Y Budget $513, ootbJy Budget $42, 750.00 ctuall Dollan Spent Y T D $346,323.29 Reveue Y T D 5139,459.37 oot R.cov Rate Y T D 40.27% 00 ~ Recreation Services Division Attendance Report February-OS Total Recreation Units Attendance Service Hours (AllllncIance x SeMce Houl1) Youth Services After School Club - LINCOLN After School Club - WASHINGTON Teen Scene - LEGION Teen Scene - SETTLEMIER Other - Indicate Total Youth Services 1614 1876 668 470 63 63 76 76 101682 118188 50768 35720 o 306358 Youth S iDOrts Youth Basketball 594 161 9504 Other - Indicate 0 01 0 Total Youth Sports 594 ;,> 9504 Youth Classes Dance Dance Dance 242 18 4356 Other - Indicate 0 0 0 Total Youth Classes 242 4356 Adult Services Active Adult Tri s Indicate Total Adult Services Adult S rts iDO Adult Basketball 864 61 5184 Indicate 0 01 0 Total Adult SDOrts 864 :t~~ 5184 Special Events Teen Dance 0 0 0 Field TriDs 107 6 642 Total SDecial Events 107 BV~~u{'4ii!f_ 642 Other Services Athletic Field Rentals 0 0 0 Indicate 0 0 0 Indicate 0 0 0 Total Other Services 0 ",',/'.,3.1,JM#,i;yii 0 TOTALS: Total Recreation Units 326062 Attendance 28 8E 18 o 18 o Recreation Services Division Attendance Report March-06 Youth Services Total Recreation Units Attendance Service Hours (Allandanca x Service Hours) After School Club - LINCOLN 1346 60 80760 After School Club - WASHINGTON 60 0 Teen Scene - LEGION 771 62 47802 Teen Scene - SETTLEMIER 434 62 26908 Other - Indicate 0 Total Youth Services 2551 - . ~ 155410 Youth S iDOrts Youth Basketball 190 6\ 1140 Other - Indicate 0 01 0 Total Youth SDOrts 190 ,.<<,- 1140 Youth Classes Dance Dance Dance 242 18 4356 Other - Indicate 0 0 0 Total Youth Classes 242 f,,{tif\f't';;%)I.i!r~ 4356 Adult Services Active Adult Tri s Indicate Total Adult Services o o o o O~t!;>;*~;~~; ", ~/ Adul t SDOrts Adult Basketball 120 16 1920 Indicate 0 0 0 Total Adult SDOrts 120 .r;;:{.~i;.;;?:'lf'.';t'~'1*~ 1920 Special Events Teen Dance Field Tri s Total S ecial Events 320 1350 1670 Other Services Athletic Field Rentals 0 0 0 Indicate 0 0 0 Indicate 0 0 0 Total Other Services 0 0 TOTALS: 164556 Attendance Total Recreation Units 29 SF Recreation Services Division Winter & Spring Revenue Report > Revenues through February 28. 2006 %of WRPD Category YTD Revenue Anticipated Anticipated February 2006 Budget Revenues for Revenue FY05..Q6 After School Club $ 31,284.00 90.7% $ 34,500.00 S - Youth Sports $ 22,834.00 136.3% $ 16750,00 $ 4,630.00 Adult Programs $ 13,811.00 40.6% $ 34,000.00 $ - Teen Scene $ 200.00 200.0% $ 100.00 $ - Summer Day Camo $ - 0.0% $ 28,095.00 $ - Contractual Services $ 17,410.00 263,8% $ 6,600.00 $ 314.00 $ 85,539.00 71.3% $ 120,045.00 $ 4,944.00 I Sponsorships I $ 5,400.00 I 54%1 $ · $5400 Committed from Land 0 Frost 10,000.00 I 30 .. Recreation Services Division Winter & Spring Revenue Report > Revenues through March 31,2006 %of WRPD Category YTD Revenue Anticipated Anticipated March 2006 Revenues for Revenue Budget FY05..Qe After School Club $ 38,172.00 110.6% $ 34,500.00 $ 6,888.00 Youth Sports $ 24,179.00 144.4% $ 16,750.00 $ 1,345.00 Adult Proarams $ 13,817.00 40.6% $ 34,000.00 $ 6.00 Teen Scene $ 200.00 200.0% $ 100.00 $ - Summer Day Camp $ . 0.0% $ 28,095.00 $ - Contractual Services $ 18,806.00 284.9% $ 6,600.00 $ 1,396.00 $ 95,174.00 79.3% -$ 120,045.00 $ 9,635.00 I Sponsorships 1$ 5,400.00 1 54%1 $ 10,000.00 I 31 ~ i.juuDB1H<N LIVE DATE 1/19/06 ~:ME C"j2:46 ,'rlECK # CHECK "j,.,". w t,,) [lANK AC:COUNT, ,\1' A/ " 830c; 3/11/~OOb 83022 3/31/2806 8302, 3/31/2006 83024 3/3]/2006 BlOc" 3/03/2006 B302G 3/03/200n 83027 3/01/2005 83028 3/03/2006 830:9 3/0'/2006 83030 3/03/"006 83031 3/vo/!00b 83032 3/1J'I2006 83033 3/0i,. [J06 83014 3/0'/2006 83035 3/03/"006 83036 3/03/2006 83037 3/u,/~006 83038 3/0.;2006 83039 "I" .'U06 83040 3",1/2006 d3041 l,jl1U")l)06 83042 :,,/'1-~ ',2n06 83043 3/0" ~J06 83044 3/vo/~006 83045 3/0012006 83046 3/0 <12006 83047 1/01/2006 83049 3/03/2006 83050 3/03/2006 83051 3/0' /2006 83052 3/03/2006 83053 3/'3/2006 83055 3/03/2006 83056 3/03/2006 83057 3/03/2006 83058 3/03/2006 83059 3/03/2006 83060 3/03/2006 83061 3/03/2006 83062 3/03/2006 83063 3/03/2006 83064 3/03/2006 83065 3/03/2006 83066 3/03/2006 83067 3/03/2006 83068 3/03/2006 83069 3/03/2006 83070 3/03/2006 83071 3/03/2006 83072 3/03/2006 83073 3/03/2006 8307S 3/03/2006 C I T Y 0 FWD 0 D BUR N l?A':{EE ~JI\r.~E Accounts Po.yable THOMAS P TENNANT DEAN M0RR I SON RACHEL NELSON WILLIAM A TORRES AGNES HAGENAUER AMER HACKFL0W PREVENT ASS AMEP j('AN CONCRETE INSTIT!1 AT & l' BEULAH JORDAN BI MART CORPORATION mo""" HO~1E SECURITY CAN:."; TELEPHONE ASSOC CHEHl'.FETA CuMMUNITY COLL CHHIS GARCIA CINGULAR/AT&T WIRELESS COU~ 4 PUBLIC SAFETY COU"E STATIONERY COMPAN, ccr,;;::LIUS DONNELLY CT, ,', '"PORATION D , S ENTERPRISES 0": fi.A.^~ & ASSOCIATES IN,' Dl'V 'En I A EAST EAGLe: CREST RESORT ELi lNG INC EVE,,";',"f HEMSHORN GALt'; C;ROUP GF0QGS & NORMA RAYCRAFT GEi<TRUDE REES HACll CHEMICAL CO IKON OFFICE SOLUTIONS INGRAM DIST GROUP INC:T. OF TRANSP ENGINEE" J. WARD O'BRIEN JACK RAWLINGS JANIS HENSLEY JEFF BURNETT JOHN & JILL SHAFERLY KATHLEEN NASH KENNETH & PATSY HOLMAN KITTELSON & ASSOC INC LEE-PACE ENGINEERS LITERARY PRESS GROUP LOLA SPERATOS MARIA DE MARCOS MARCOS MARSHALL CAVENDISH CORP MATERIAL HANDLING INST LI METRO PROPERTY MANAGEMENT METRO COUNT (USAI INC METROFUELING INC MICRO MARKETING LLC MID VALLE~ DEVELor~ENT PR MORNINGSTAR CHECK REGISTER ,.,TATUS RECONCII.ED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED "ECONCILED PECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECCNCILED RECONCILED RECONCILED RECONCILED DECONCILED RF:CONCILED RECONCILED RECONCILED HECONCILED 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 YJ:..:) yt;s YE::; YES YES YES YES YL.; II',,', YFS YFc; V'PC: YE'; Y1::;S Yb.S YES Y"S YES YES YFQ YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES 5,000.00 675.00 216.38 700.00 100.80 140.00 272.70 107.20 110.24 120.45 31.99 19.95 599.14 200.00 784.02 89.00 101.97 199.08 21,400.00 95.80 9,402.95 50.57 223.74 17,124.57 87.48 74.92 32.62 58.68 301.80 239.79 3,871.04 364.00 264.24 92,50 79.56 12.23 44.45 42.32 32.82 3,333.70 213.75 10.36 65.52 22.64 140.13 65.00 4,164.86 408.00 2,120.05 8.50 25.00 39.95 f<Ec '('NCI LED AMT 5,000.00 675.00 216.38 700.00 100.80 140.00 272 .70 107.20 110.24 120.45 31.99 19.95 599.14 200.00 784.02 89.00 101.97 199.08 21,400.00 95.80 9,402.95 50.57 223.74 17,124.57 87.48 74,92 32.62 58.68 301.80 239.79 3,871.04 364.00 264.24 92.50 79.56 12.23 44.45 42.32 32.82 3,333.70 213.75 10.36 65.52 22.64 140.13 65.00 4,164.86 408.00 2,120.05 8.50 25.00 39.95 PAGE AP0460 VEEOT LJIFFERENCE .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 (1J Q ',WODH1ikN LIVL DATE .;/19/06 TIME n:S2;.,1t; CHECK H CHErK DATh ~ ~ 830 -/ r, 830'1>, 8307Y 83060 83001 83UnL 830R3 8308.l 83055 83086 830H7 d.3 U tllj rl-,u:O=9 03090 il3091 83092 83093 83094 03097 , 'II):'!:) "3099 ri1100 '.! 31 r) 1 "J103 dJlU4 a.HU5 oHOL 8,107 a3108 83109 Q3110 83111 83112 83113 83114 83115 83116 8311 7 83118 83119 83120 83121 83122 83123 83124 83125 83126 83127 83128 83129 83130 83131 83132 .. 3/0 ;/2006 3/03/2006 3/03/2006 3/03/2006 3/03/2006 3/03/2006 3/03/2006 3/03/2006 3/03/2006 3/03/2006 3/03/2006 3/03/2006 3/03/2006 3/03/2006 3/03/2006 3/03/2006 3/03/2006 3/03/2006 3/03/2006 3/03/2006 3/03/2006 3/03/2006 3/03/2006 3/03/2006 3/03/2006 3/03/2006 3/03/2006 3/03/2006 3/03/2006 3/03/2006 3/03/2006 3/03/2006 3/03/2006 3/03/2006 3/03/2006 3/03/200G 3/03/2006 3/03/2006 3/03/2006 3/31/2006 3/31/2006 3/31/2006 3/31/2006 3/31/2006 3/10/2006 3/10/200G 3/10/2006 3/10/2006 3/10/2006 3/10/2006 3/10/2006 3/10/20CG 3/10/2006 C I T Y 0 F WOO D h URN ~^ 'I' Ei-: NAME MULTI TECH ENG SERV INC NEW SOUND NORTH CREEK ANALYTICAL IN NORTHWEST NATURAL GAS OR BUILDING OFFICIALS OUT POST # 1 PARACI~ETE PRESS mc PNCWA CONTINUING EDUCATlO POOL & CREW PORTLAND ART MUSEUM PORTLAND GENERAL ELECTRIC PREMIEP HOME "UI LIlEPS OWEST VWEST RECORDED BOOKS INC RENAISSANCE CUSTOM HOMES ROBERT D PAYNE ROBERT GALVItJ SAFEWAY STORE.. SHEET METAL .,,' CONT NAT SHOWCASES CRYSTAL AND ~T~OQA SPRING SPRINT THOMAS BOUREG', " CO INC UPSTART VALLEY PACIFIC FLORAL VERIZON WIRE!.,:SS VICTOR KAMKIN BOOKSTORE WATERSHED IlK WEST GROUP PAYMENT CTR WILLAMETTE BRO~DBAND WILLAMETTE VALLEY SECURIT WILLIAM G;"~]]!'R WOODBURN FAMILY MEDICINE WOODBURN INDEPENDENT WORLD MEDIA EXPRESS XEROX CORPORATION YES GRAPHICS 21ST CENTURY PUBLISHERS EBS JEFFERSON PILOT FINANCIAL ALBERTA E LUCERO CITY OF WOODBURN PETTY CA VALLEY MAILING SERVICE IN ALLIED WASTE SERVICES ALLRESISTANT COATINGS ANN FINCH ARAMARK UNIFORM SERVICE ARCH WIRELESS AT & T BANK OF AMERICA BARCO rl':ODUCTS BASIC FIRE PROTECTION INC CHECK REGISTER STATUS RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONC a,SU RECONCl LEI) RECONCILEU RECONCILED RECONCILED RECONCILED RECONC 1 i~ED RECONCIL~:J RECONC, , ,:" RECONCi! .ED RECONrl T,~n RECONCP,E" RECONCILL;) RECONCILED RECONCILhD RECONCILED RECONCP,PD RECONCILED RECONCILED RECONC'T LED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED IJPDATED CHECK MI0UNT RECONCI LED AMT PAGE AP0460 VEEOT --------------- - - -------------------------- - -------------------------- ------------------------- DIFFERENCE 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 10,102.70 334.01 324.00 3,140.10 80.00 21. 9', 68.40 IS0.00 77.8':> 143.00 26.359.59 11788 166.99 267.80 27.30 30.01 12.58 394.56 12.39 "32.00 96 .12 111.73 107.97 276.50 44.30 187.80 53.81 434.32 440.48 215.25 317.23 59.85 24.55 84.00 172.00 276.37 285.44 154.00 38.00 140.01 6.73 177 . 62 179.12 838.80 76.40 180.00 671.14 65.52 107.54 24.48 56,933.07 238.00 701.00 10,102.70 334.01 324.00 3,140.10 80.00 21.95 68.40 150.00 77.85 143.00 26,359.59 "1'1.88 166.99 267 80 27.30 30.01 12.58 394.56 -,2.39 ,,2 00 %.12 III 73 ln7 97 2 IG. 50 <14.30 187.80 ':>3.81 434 .32 440.48 215.25 317.23 59.85 24.55 84.00 172.00 276.37 285.44 154.00 38.00 140.01 6.73 177 . 62 179.12 838.80 76,40 180.00 671.14 65.52 107.54 24.48 56,933.07 238.00 701.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .vv .UL! .1)0 .uO .00 .00 .00 'n nl) r ') . \.Iv .uu .Uu .00 nO .00 .00 .no .00 00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 oNOODuiJRN LI'}E LJATE '1/19/0(, TIM". 0'52,4f CHEC'r, ~ ~ 831 , 1 ti31 J4 83135 H313'/ 83138 831-10 ti 11 ,11 83J.l2 83143 831..4 8314" 83H7 ti3HS 83149 83150 831S1 83152 831 C,l H3155 83156 83157 8Jl51j 83159 83160 83161 81162 83163 83164 83165 83166 83167 83168 83169 83170 83171 83172 83173 83174 83175 83176 83177 83179 83180 83181 83182 83183 83185 83186 83187 83188 83189 83190 83191 ~ CHI:.;I_'j, ~i!\ri:; 1/1u/20JO 1/1 O/::COG 3/101200" 3/10/2006 3/10/200f, 3/10/2006 1,10/)006 ./1 (I!20Gb 3/10/2006 1/10/2006 3/10/2000 j / 1 U / I. U 0 il j/II,'.;UOG 3 I ,\.' J ) (J 0 6 j/ ;0/2006 1/10/2006 j/l0/2006 , ' 1,)/'2006 ..., _':'/2006 I ':200G 10/2006 u 11' /')006 ...,.' "':':~ 0 0 6 3/Jo/2006 J,lu/2006 3/1U/2006 3/]U/2006 1/'0/2006 3/10/2006 1/10/2006 1/'0/2006 3/10/2006 2/10/2006 3/10/2006 3/10/2006 3/10/2006 3/10/2006 3/10/2006 3/10/2006 3/10/2006 3/10/2006 3/10/2006 3/10/2006 3/10/2006 3/10/2006 3/10/2006 3/10/2006 3/10/2006 3/10/2006 3/10/2006 3/10/2006 3/10/2006 3/10/2006 C I T i 0 r WOO D BUR N PI" YEi', l~i\ME BCCHSLER HARDWARE CO C W RENTS C . J HANSEN CO INC CDW GOVERNMENT INC CHEM DRY OF SALEM COASTWIDE LABORATORIES DI\! L Y ,JOURNAL OF COMMER('F; DANNER SHOE MFG CO DENNIS MAULDING/DAVIS CRE DHS STATE OF OREGON DHS STATE OF OREGON F~U~hAL EXPRESS CORP F 1 ,-III"K' S SUPPLY INC GI;':~ IlJC;ER I NC GROUP MACKENZIE ENGR IN" HUBBARD CHEVROLET INDUSTRIAL SUPPLY CO H;,;ERTA FITTINGS CO JL; HEATING INC '. PILAFIAN WINDOW l , r 'JNEDY JENKS CONSULT I '<' 1,1' H ~l\FETY SUPPLY ! ^.',",(1N PRINTING INC LE" SCHWAB TIRE CENTER Ll"COLN EQUIPMENT CO M ~ M AUTO WRECKING IN~ MAolON AG SERVICE INC ~~R[ON COUNTY BLDG INS~~C MARION COUNTY CLERK METROFUELING INC NATIONAL WATERWORK~ INC NET ASSETS CORPORATION !JEXTEL COMMUNICATIONS NORCOM NORTH COAST ELECTRIC CO NORTHWEST NATURAL GAS OR DEPT OF ADMINISTRATIVE OREGON GARDEN OREGONIAN PUBLISHING CO PAUL'S POWER EQUIPMENT & POCKET PRESS INC PUBLIC WORKS SUPPLY INC QWEST R,B.& G. CONSTRUCTION, LL RADIX CORPORATION RAM STEEL INC RONALD PALMER S.O.S. LOCK SERVICE SAFFRON SUPPLY CO SALEM BLACKTOP & ASPHALT SILVER FLEET SYSTEMS TIM'S DIESEL UNITED DISPOSAL/ALLIED wA CHECK REGISTER ooTAfUS UPDATED CHECK AMOUNT RE(:ONCI LED AMT ----------------- - ------------------ - -- - --------- - -- --------------------------------- ----------------- RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONClLED 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 RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED YES YES YES YES YES YES YES YES YES YES YES It-'s I ES IES "x'ES YES YES j'ES :..~ co .l......v , ;.:s 'ES YPS vr:;S '1i.:..=j .z.ES 'rES " ES YES YES YES ye;s YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES 115.00 66.00 120.00 42.50 1,482.30 204.75 251.13 207.90 154.00 105.00 85.00 106.97 3,564.22 13 5.95 13,319.06 32.79 648.11 69.50 1,063.50 32.00 17,5>13.8', 165.79 73.40 793.89 269.19 82.00 15.00 340.06 105.25 3,046,97 4,877.00 1,260.00 650.16 25,153.34 287.48 13,745.10 917 49 75.00 364.62 151.35 483.32 70.00 1,957.44 490,448.25 190.05 106.50 38.00 55.85 1,398.80 1,341.36 2,499.83 1,224.46 2,418.38 315.00 66.00 120.00 42.50 1,482.30 204.75 251.13 207.90 154.00 105.00 85.00 106.97 3,564.22 13 5.95 13,319.06 32.79 648.11 69.50 1,063.50 32.00 17,543.87 165.79 73.40 793.89 269.19 82.00 15.00 340.06 105.25 3,046.97 4,877.00 1,260.00 650.16 25,153.34 287.48 13,745.10 917.49 75.00 364.62 151.35 483.32 70.00 1,957.44 490,448.25 190.05 106.50 38.00 55.85 1,398.80 1,341.36 2,499.83 1,224.4C 2,418.38 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 'dl)()Li)~j N LIVE DATE /lY/06 TIME 52 46 ~ I T Y 0 F WOO 0 BUR N CHI:,l't\ It t'HECY DATE (,.) en 831 :..J2 8j19~ 831"' 83195 83196 8 llYI 831 'J 0 83200 832" 1 83202 83) 0 l bj~O-1 i-I ~ L o~, a 3 2 0 i, 83207 83209 83210 83211 a3212 .-) i 211 83214 8 )21 oJ Q3?lE, J3217 83218 tU219 H3220 83221 83222 83223 83227 83228 83229 83230 83231 83232 83233 83234 83235 83236 83237 83238 83239 83240 83241 83242 83243 83244 83245 83246 83247 83248 83249 .. t-'A'r'Et. N/\.ME - - -~-_._------ ------------ - - --. --------------------~~ -- ------------ 3/10/2006 1/10/2006 3/10/2006 3/10/2006 3/10/2006 1/10/2006 3/10/2006 3/10/2006 3/31/2006 1/31/2006 1/31/2006 3/31/2006 3/17/2006 3/17/2006 3/17/2006 3/17/2006 3/17/2006 3/17/2006 3/17/2006 3/17/2006 3/17/2006 3/17/2006 3/17/2006 3/17/2006 3/17/2006 3/17/2006 3/17/2006 3/17/200F. 3/17/2006 3/17/2006 3/17/2006 3/17/2006 3/17/2006 3/17/2006 3/17/2006 3/17/2006 3/17/2006 3/17/2006 3 /l 7 /2006 3/17/2006 3/17/2006 3/17/2006 3/17/2006 3/17/2006 3/17/2006 3/17/2006 3/17/2006 3/17/2006 3/17/2006 3/17/2006 3/17/2006 3/17/2806 3/17/2006 UNIVERSITY PRODU~TS INC WALLING SAND & GRAVEL WILLAMETTE VALLEY SECURlT WOODBURN GARAGE DOOR INC WOODBURN RADIATOR & GLASS WOODBURN YOUTH BALL ASSN XEROX CORPOKATlON YES GRAPH I C'S ELsa: GUZMAN SUZANNE YBARRA STEVE NEWPORT VALLEY MAILu~"; SERVICE IN A '-.E. INC ALEXIN ANAL', (IL'AI. I.AB INC ANN FINCH AT&T BEERY,ELSNER & HAMMOND LL BLUMENTHAL I,~ 1 FORM & EQUI COW GOVERN~L..': INC CONSOLIDA'n. ,IIPPLY CO DA 1 L Y JOLJF,;: OF COMMERCE DHS STATE ()~.' (\';)EGON DP NORTHWEr- ruc FISHER' S SUr'2~'i INC FRANK M MASu.J GEOENGINEEJ<S lNC IKON OFFICE SOLUTIONS INTERNATIONr.[, CODE COUNCI INTERNATIONAL CODE COUNCI INTL MUNICTPAL LAWYERS AS KJM PROGRAM ~ CONSTRUCTIO LANGUAGE LINE SERVICES LEAGUE OF OPEGON CITIES LES SCHWAB TIRE CENTER M & M AUTO WRECKING INC MAYES TESTING ENGINEERS I METROFUELING INC NORTH CENTRAL LABORATORIE NORTH COAST ELECTRIC CO NORTH CREEK ANALYTICAL IN NURNBERG SCIENTIFIC OACA TREASURER - ANGIE DE ONE CALL CONCEPTS INC PIZZA HUT PNWS/AWWA PORTLAND GENERAL ELECTRIC PROTHMAN COMPANY QWEST RADIX CORPORATION REENEE PIERCE ROTHBERG TAMBURINI WINSOR RYAN HERCa CO SILKE COMMUNICATIONS INC CHECK REGISTER STATUS RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILl-;U RECONCILED RECONCILED RECONL1LbU RECONC I r ,Ei J RECONCIL2I1 RECONCILED RECONCILED RECONCILED RECONC' I LED RECONe ;"ED RECON. I.ED RECO!" "LED RECONC[j,f,'n RECONrTLEO RECONCIL"D RECONC"LED RECONCILED RECONCILED RECONrILED RECONCILED RECONCILED RECONC'TLED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED UPDATED CHEC~ 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 18.40 1,638 89 59,85 es.oo 205.00 2,690.25 67.09 158 00 325. 15 420.00 6,8~8.84 -164.50 1,260.00 1,446 50 127.83 70.92 1,383.42 162.75 6,094.54 265.28 194.76 200.00 320.00 96.00 13 0.00 7,018.75 674.56 169.00 599.00 600.00 '0,649.88 192.08 10.00 391.92 460.00 2,687.00 577.49 399.16 328.54 180.00 502.06 175.00 42.00 61.47 260.00 47,038.68 1,840.50 1,017.75 20,560.00 40.41 106.95 207.50 31.28 RECONCILED AMT 18.40 1,638.89 S9.85 85.00 205.00 2,690.25 67.09 158.00 325.15 420.00 6,898.84 '04.55 1,~60.00 1,446.50 127.83 70.92 1,383.42 162.75 6,094.54 )65.28 194.76 7on.00 120.00 96.00 130.00 7,018.75 674.56 169.00 599.00 600.00 10,649.88 192.08 10.00 391.92 460.00 2,687.00 577.49 399.16 328.54 180.00 502.06 175.00 42.00 61. 47 260.00 47,038.68 1,840.50 1,017.75 20,560.00 40.41 106.95 207.50 31. 28 PAGE AP0460 VEEOT DI FFERENi'!'. .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .0u au OC' .00 .00 .00 00 00 1)(1 00 en 'D .;;0 .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 WOOUH1' N I!'.'!': DATE /l~,.)n TIME ;~:i l.f C : [Y 0 F WOO D BUR N {'HE\~':; ('! :',1 J' DATi:'. Ph','":, NP,MF cu 0\ 832',0 832cc>l 83:2S2 832r,1 832S~ 832 '," 832:"6 ~32S7 832Sb 83260 83261 83262 83263 8326,j 8326E 83267 83268 8326" 83270 8327" 8327; 83274 8327' 8327b 83271 832'10 83280 83281 83282 83283 83284 8328" 8328',' 83280 83290 83291 83291 83294 83295 83296 83297 83298 83299 83100 83301 83302 83303 83304 83309 83310 83311 83312 83313 i/17/:~OOn -,':1/12006 3/111,~oOh 3,'l7/2006 i/1 1/:'006 1/11/2006 1; ,1/20Ub \ 1.!4/2006 3/2-l/:::0CJh 3/2417006 J, .. ,[ / .! 0 0 p 51.!../2006 2~UOOI )1.>1/2006 _\i2~/2006 1/24/2006 3/24/2006 ;/24/200b ;/24/2006 " /~/2006 \/24/200b . 104/2006 - / ~ ,1 / 2 0 0 6 ;/24/2006 3/24/2006 J/24/2006 1/24/2006 1/24/2006 3/2~/2006 3/24/2006 1/24/2006 3/24/2006 3/24/2006 3/24/2006 3/24/2006 3/24/2006 3/24/2006 3/24/2006 3/24/2006 3/24/2006 3/24/2006 3/24/2006 3/24/2006 3/24/2006 3/24/2006 3/24/2006 3/24/2006 3/24/2006 3/24/2006 3/24/2006 3/24/2006 3/24/2006 3/24/2006 TEK SYSTEMS INC UNITED STATES POSTAL SE.':V VER I ZON WIRELESS OFFICE DEPOT WOODBURN INDEPENDENT ,)!< DEPT OF MOTOR VEHICU: VALLEY MAILING SERVICE IN ^ & A PEST CONTROL INC A 1 COUPLIN(; ALPHA PROVEN ECOLOGICAL MIER IGAS i\Ni< FINCH I\KAMARK UNIFORM SEkVI,'r. ,;I'IARDS AND ATHLETICS BASELINE SURVEYING LLC BRIAN MILES BRINKS HOME SECURITY BRUCE CHEVROLET ~DW GOVERNMENT INC '<I EMEKETA COMMUNIT> '~ONOCOPHI LLIPS COM,',,::.,. '~~'''JSOLIDATED SUPPLy ('" r"')nKE STATIONERY o",q)? '1'1' u)STCO WHOLESALE CUES UAILY JOURNAL OF Cu~l~ic:,<LE llHS STATE OF OREGON np NORTHWEST INC EDWARDS EQUIPMENT CO INC ENVIRO CLEAN EQUIPMENT ERNIE GRAHAM OIL INC GEOENGINEERS INC GRAINGER INC HALTON COMPANY HR ANSWERS 1NC IBM CORPORATION LEE-PACE ENGINEERS LINDA SPRAUER, DIRECTOR MARY TENNANT METRO OVERHEAD DOOR METROFUELING INC MOLALLA COMMUNICATIONS MSI GROUP INC NATIONAL TACTICAL OFFICER NEXTEL COMMUNICATIONS NORLIFT OF OREGON INC NORTH CREEK ANALYTICAL IN NORTHWEST ELEVATOR CO OR STATE POLICE ID SERVIC OREGON STATE BAR OREGON TURF & TREE FARMS PAPE' MACH INERY PNCWA CONTINUING EDUCATIO CHECK REGISTER ,.;TAcUS RECONCiLED RECONCI LED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCI LED RECONCILED RECCNCILED 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 RECONCILED AMT -=-~----~-=================~----============-- YES YES YES YES YEi> YES YES YES YES YES YES iES 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 1,472,00 800,00 80,04 469.85 298.16 63,50 643.50 89~25 206,72 229.00 618,17 215,b~ 142.39 214,00 725,00 244.35 31.99 12,133,03 l,350~Lu 68~ 1,04~ ..~ 2:) ....,n 115 '1l 672.SG 773.'d 502.2b 105,00 1,087 nn 353.]7 112 05 68,4" 830,25 ]7Ll2 5~~.36 4,528.19 31,173,00 1,786,38 49.99 120.15 475.00 3,557.47 151.98 400.00 150.00 2,533.32 144.05 227.70 900.00 36.00 69.00 220.00 197.93 160.00 1,472,00 800,00 80,04 469.85 298,16 63,50 643,50 89,25 206.72 229.00 618,17 215,85 142,39 214,00 725,00 244,35 31. 99 12,133.03 1,350.00 68,00 1,043,23 22.50 115.41 672.56 773.79 502.26 105.00 1,087.00 353,17 112,05 68.45 830.2" 174.12 555.36 4,528,19 31,173,00 1,786,38 49.99 120,15 475.00 3,557.47 151.98 400.00 150.00 2,533.32 144.05 227.70 900.00 36.00 69.00 220.00 197,93 160.00 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 ':,;,](i0lJn;;h'N I.T\} DA TEl/I 9/ 0 TIME 52:4 CH~,,-:r: tl CHECK DATE 833H 8331'> 8331 " 83319 833:'0 833:>1 ~3322 83371 8332~ 83325 8137. b oJ"~: H ~3329 83330 93331 83333 8333~ ~333" 33338 !,NK AP ~ ""'ONC 1 LED ,:..T RECONCILED vOIDED 11['DATED "J('T UPDATED W -.:t .. 3/H/2006 3/2~/2006 3/24/2006 3/24/2006 3/24/2006 '/2~/20U6 3/24/2006 3/2~/2006 3/2~/2006 3/2~/2006 3/2./2006 1/24/2006 3/24/2006 3/24/2006 3/24/2006 3/24/2006 3/24/2006 3/31/2006 3/31/2006 TOTAL, c o F W ,) D IJ URN PAGE AP0460 VEEOT T Y CHECK REGI"TER t'!\ 'l' EE NAJY1E STATUS UPDATED CHE,';: Ar~OUNT RECONCILED AMT DI FFEREN\~E RED WING "HOE STORE RECONCILED YES .68 96 468.96 .00 RIVERSIDE INN RECONCILED YES ]6'> .00 165.00 00 SHELLY EAGEN RECONCILED YES 75 00 75.00 .00 SILKE COMMUNICATIONS INC RECONC1LED YES 32 89 32.89 .00 SONITROL RECONCILED YES 1]0 .00 110.00 .00 STATESMAN JOURNAL NEWS PAP RECONCILED YES 62 .40 62.40 .00 TERESA TIMr>!ONS RECONCILED YES 26. 45 26.45 .00 TOURANGEAU NOR WE':; RECONCILED YES 13,365. 40 13,365.40 .00 TRAFFIC SAFETY SUPPLY CO RECONCILED YES 361. 30 361.30 00 USFI LTER' S ENVIREX PRODUC RECONCIf,ED YES 3 I S.j 5. 00 3,545.00 .00 VERIZON WIRELESS RECONCILED YES 412 47 412.47 .ou WDBRN CHAr.ihr~t< ul- COMMERCE RECOl,,': 1 Lt:D YES 30 .00 30.00 .uu WESTERN POW\'~R " EQUIPMENT RECONCILED YES .5 .80 45.80 .ut) WINTERBROOL PLANNING LLC RECONCILED YES ';0,773.63 46,773.63 .1.)0 WOLFERS HEAfING I< AIR CON RECONCILED YES 826.78 826.78 .00 XEROX CORPORATION RECONCILED YES 122.42 122.42 .00 YES GRAPHICS RECONC1LED YES 836.00 836.00 .00 R.B.I< G. l,,'ISTlWCTION, LL RECON,:ILED YES .8,165.00 40,165.00 .00 CITY OF WCv.,iJURN PETTY CA RECO!L'i LED YES 17S .65 175.65 .00 283 CHECKS 1 0SS,112.86 I, U (1" 112.86 .00 ~'5 3 CHECKS ], n r ,112.86 CHECKS .00 CHECKS .00 283 CHECKS ],U.cS,112 .86 CHECKS .00 ~. /.1v.:: -~It..,. ' " 1~ WOODBURN I~CDrpOral(J ,~!~ 8H ~ f;UH., . . August 20, 2005 FROM: Honorable Mayor and City Council thro~gh ~ty Administrator Public Works Program Manager,4 ~ TO: SUBJECT: Removal of Street Tree at 255 N Second Street INFORMATION: Unless directed otherwise by Council, City staff will allow removal of a street tree at 255 N Second Street, BACKGROUND: On April 3, 2006, Mr. Cameron Fleck requested permission to remove a maple tree that is located in the right of way in front of his home at 255 N Second St. Mr. Fleck advised that the tree appears to be dying and has a dead branch that goes up approximately 30 feet, On April 18, 2006 an arborist evaluated the tree and advised that the tree is in decline and has low new growth putting it in a low vigor class. The tree also has large amounts of deadwood showing a high percentage of core stress. The tree could become a hazard and threat to public safety. The arborist recommended the maple tree be removed. A copy of the arborist report is attached. DISCUSSION: The City has determined that for tree condition and safety considerations a maple street tree at 255 N Second Street should be removed. The maple tree is located in the Second Street right of way and across the street from the City Ubrary. The tree is classified as a significant tree and for this reason the requested removal is brought to Council attention. The removed tree will be replaced. FINANCIAL IMPACT: I n accordance with City policy there is cost sharing for street tree maintenance in the public right of way with the maximum subsidy for one property to not exceed $500. Mr. Fleck has been advised of the policy. The City subsidy would come from budgeted tree maintenance funds in the Street Fund. Agenda Item Review: City Administrator ~ City Attorney IlItJ ,f) Finance !...:..h, 38 ~ NORTHWEST TREE SPECIALISTS 2074 NW Aloclek Dr Hillsboro, OR 97124 To: (V\Arr C..I:T'1 0 r l.UOO 0 BuRAl Date: \ i APtIL OLo Location: 2.55 N. ?~O St' Phone: Assigment: ASS("$~ l4EA Lit-! ""?:'e.TWt..f..'t\.) ~ DE: u.JA L i Of="' A1UO L..At&E" "ST(LF" ET rY14Pt..E: Observations;~ Recommendations~ o L-AQG f: mAPLe 'IS :I t0 -OE:C.L1:rVt.. J1l.fE HAS LDc...J ~E.u.J 6(2.l~h.JI~ ?urr:rf\Jc, IT :r~ A L-Ot.J \1rbO<<- CLASS _ vY\APLf: ALSO HA~ \ Aee,E A""'olJl\J~ OF "1::::€.ADwOOO ~OWTCVG R HI(",~ F1tru..F.vvTAGf: ~~ c:..oflf. "S11tE:~ ~ lEc..o~of\JEt Ke:MoVAL AND \ ~PL.AC:E:(y\E~\ O~ A -5uTfABI5 TrLE:r-: FoIL" THI'<; Aa,e:A Ye- -rf!L S71() Trevor March, Consulting Arborist 39 '~ !~~./\ ~~.~ ~.. .A> . ~ WQ.ODBVRN lnl.orp.,rallJ 18811 81 ~,~ . . April 24, 2006 TO: Honorable Mayor and City Council FROM: John C. Brown, City Administrator SUBJECT: Removal of Recreation and Parks Director RECOMMENDATION: It is recommended the City Council consent to the City Administrator's removal. without cause, of D. Randall Westrick from the position of Recreation and Parks Director effective April 13, 2006. BACKGROUND: Section 21 (c) (3) of the Woodburn City Charter empowers the City Administrator to appoint and remove from their positions all city officers and employees except the Mayor, City Council. City Attorney and the Municipal Court Judge. The section provides that where the removal affects certain City department heads, such removal must be with the consent of the City Council. The conditions of employment for most City department heads are dictated by employment agreement. Pursuant to those agreements, department heads are "at will" employees and may be terminated by the City Administrator at any time, with or without cause. Department heads terminated without cause are entitled to severance pay, based on the particular position and time served with the City. Those terminated for cause are entitled to no severance pay. DISCUSSION: On April 13, 2006 I exercised that provision of the Recreation and Parks Director's employment agreement that provides for termination without cause. Pursuant to the agreement, Mr. Westrick is entitled to severance equaling three (3x) times his base monthly salary. This item is placed on your agenda to obtain your consent for Mr. Westrick's removal. Agenda Item Review: City Admini,tratorL City AttorneyML-\ 40 " Finance ~ l' Honorable Mayor and City Council April 24, 2006 Page 2 . . FINANCIAL IMPACT: Mr. Westrick is entitled a gross salary payout of $28,099.32; including three months severance pay of $18,198.00 and accumulated vacation and executive leave pay of $9,901 .32. This will be charged to the Recreation-Administration budget, in the General Fund. 41 '0 tA'~4 WQ.Q:Q~"Q.~N / 1/ .;:' f' ;- r I : t.1 I;: -: d lOA A~'~ . . April 24, 2006 TO: Honorable Mayor and City Council through City Administrator FROM: Naomi Zwerdling, Interim Community Development Director SUBJECT: Legislative Amendment 06-01; Mill Creek Greenway Master Plan RECOMMENDATION: In regard to this proposal, the City Council has the following options: (1) Concur with the Planning Commission's Final Order and approve the Mill Creek Greenway Master Plan. (2) Modify the Mill Creek Greenway Master Plan. It is recommended that the City Council instruct staff to prepare an ordinance adopting the Mill Creek Greenway Master Plan, and prepare findings to substantiate the Council's decision. BACKGROUND: The 1999 Comprehensive Plan Update Policies 5 & 6 state that the City will acquire, develop and operate the Mill Creek corridor as greenways that include multiple functions including: open space and habitat preservation; flood control; cycling and walking on all-weather pathways; nature recreation and education and neighborhood park facilities. To provide more specific direction to implement these policies, the Recreation and Parks Department has developed the draft Mill Creek Greenway Master Plan. This planning process is the result of a consulting partnership with the National Park Service's Rivers, Trails and Conservation program and the Mill Creek Task Force. In December of 2003, Mayor Figley appointed the Mill Creek Greenway Task Force. This group was made up of various local individuals with interests in the management and development of the Greenway. The Task Force included Greenway neighbors, educators, scientists, land managers, City representatives and others with interests in the corridor. In the course of developing the plan, Agenda Item Review: City Administrat City Attorney _ Finance. iY/ 42 Honorable Mayor and City Council April 24, 2006 Page 2 . . the Task Force conducted a site inventory, implemented a community survey, organized public design workshops and reviewed work product. The Task Force, Recreation and Parks Department staff and National Park Service consultant have received significant support from various City Departments including the Public Works, Community Development, Administration and Police Departments. Staff from these departments provided valuable technical advice as well as review of the final document to assure that the master plan is in concert with other City plans such as the Comprehensive Plan, Transportation System Plan and Storm Water Management Plan. The Police Department offered valuable advice on security, especially within the Greenway where the trail route nears the new Police Facility. In June, the Recreation and Parks Board reviewed the Mill Creek Greenway Master Plan and unanimously voted to recommend approval to the City Council. A public hearing was held at the March 9, 2006 Planning Commission Meeting. The Planning Commission approved a final order on March 23, 2006 recommending that the City Council approve the Mill Creek Greenway Master Plan. DISCUSSION: The Mill Creek Greenway Master Plan defines five "regional" planning units that include North, Central and South along Mill Creek as well as the Southwest Tributary and Goose Creek Tributary. The primary facility throughout the trail system is a paved "spine" trail. This trail is proposed as eight to 12 feet in width, paved with painted white "fog" lines on the right and left, Trail amenities proposed along the route include benches, directional signs, historic and natural interpretation areas and trailheads. The Greenway has great potential to provide off-road and non-motorized transportation to many destinations in Woodburn. Trails will connect residential neighborhoods with each community park, the Downtown core, schools including Woodburn High School, the Valor/Heritage campus, the French Prairie/Lincoln campus, Washington Elementary School and the Woodburn campus of Chemeketa Community College. The 1999 Parks and Recreation Comprehensive Plan Update indicates that southern portions of Woodburn east of the Union Pacific Railroad and west of 43 .,. Honorable Mayor and City Council April 24, 2006 Page 3 . . Highway 99E are deficient in neighborhood parkland. Hermanson Parks I & II could be developed to help alleviate this shortage. A notice of public hearing to be held before the Planning Commission on March 9, 2006 and to be held before the City Council on April 24, 2006 was published in the Woodburn Independent in compliance with City ordinances. The Mill Creek Greenway Master Plan was made available for public review at City Hall. This proposal is being processed as a Type V legislative application that requires the Planning Commission to make a recommendation on the proposed Mill Creek Greenway Master Plan to the City Council. The City Council is the final decision maker. A public hearing on the proposed legislative land use amendment was held before the Planning Commission on March 9, 2006. The Planning Commission adopted a final order recommending that the City Council approve the Mill Creek Greenway Plan on March 23, 2006. The City Council public hearing is scheduled on April 24, 2006. As required by the Woodburn Development Ordinance, the City Council initiated this legislative land use amendment by resolution on January 9, 2006. FINANCIAL IMPACT: The plan proposes a six-year capital improvement plan that totals $159,750. Further analysis of costs to completely construct the facilities proposed in the plan will take place when the Parks and Recreation Comprehensive Plan is updated later this year. Funding for these projects is available through a variety of grant sources that includes the State's Recreational Trails Program, Local Government Grant Program and the Federal Land and Water Conservation Fund. Funding for environmental enhancement projects proposed within the plan is also available through a variety of public and private grant sources including agencies such as the Department of Fish and Wildlife and Oregon Water Resources Board. Attachments: Attachment A: Attachment B: Attachment C: Planning Commission Final Order dated 3.23-06 Planning Commission Staff Report dated 3-09-06 (Exhibit "A" is included in Attachment A.) Planning Commission Minutes of 3-9-06 44 Note: Docurrents pertaining to this section are scanned at the end of this agenda packet. The attachments for Item lOA are not included in the agenda packet. The entire document has been given to the City Council and is available for review by the public in the City Recorder's office, in the City Administrator's office, and at the reference desk of the Woodburn Public Library. 45 '. ~ WQQDBURN '1fC(lrpo,at.:J las'/ 1J/6~_1~ lOB rT'.--v ~ . . April 24, 2006 FROM: Honorable Mayor and City Council,4 John C. Brown, City Administrat~t/' TO: SUBJECT: Public Hearing Related to Sale of Property at 670 Gatch Street RECOMMENDATION: It is recommended the City Council: 1. Conduct the public hearing required by ORS 221.725 on the proposed sale of City-owned property at 670 Gatch Street for a purchase price of $15,000; and 2. After completing the public hearing, approve selling the property to Habitat for Humanity for $15,000 and direct staff to prepare a resolution documenting the sale of the property. BACKGROUND: ORS 221.725 controls the manner in which City property may be sold. The section requires a city council, when it considers it necessary or convenient to sell real property, to publish a notice of the proposed sale in a newspaper of general circulation in the city and hold a public hearing prior to selling the property. The notice must be published at least once in the week prior to the public hearing and must state the time and place of the public hearing, a description of the property to be sold, the proposed uses for the property and the reasons why the city council considers it necessary or convenient to sell the property. The nature and general terms of the proposed sale, including an appraisal or other evidence of the market value of the property, must be fully disclosed at the public hearing, and residents must be given an opportunity to present written or oral testimony. Notice of this hearing was published in the Woodburn Independent on April 19, 2006 (Attachment 1). Agenda Item Review: City Administrator _ 46 Finance ' .. Honorable Mayor and City Council April 24, 2006 Page 2 . . DISCUSSION: The effort to sell this property is based on the Council's direction to sell property no longer needed by the City, and dedicate resulting revenues to a new community center. The subject property was used to dispose of soil from excavations at city projects. The proximity of the property to the flood plain, fill soil on the site, and evidence of adverse environmental conditions all impact its suitability for development. The property was appraised as two lots totaling approximately 32,600 square feet. The property was appraised in January 2002. Lots are zoned for low- density residential development. Tax lot 4500 was 18,900 square feet; Tax lot 4400 was 13,700 square feet. The westerly lot (4500) has Gatch Street frontage, and is level at its south and west ends. The easterly lot (4400) drops in elevation and is mainly in the 100-year flood plain. The properties are bounded on the south and east by residential lots, on the north by Mill Creek, and on the west by Gatch Street. The appraiser valued the lots as undeveloped land, on the basis of the Sales Comparison valuation approach. The appraiser assigned an "as is" market value of $45,000 to the property, assuming the two lots were consolidated into one and further assuming no adverse environmental conditions. The latter assumption was termed "extraordinary" by the appraiser given the results of a level one environmental analysis conducted by the City prior to the appraisal. It suggested a potential for environmental impairment based on soils sampling and the discovery of burn pits and discarded 55-gallon drums. Given the unknown quantity of environmental impairment and wishing to avoid more assessment costs at the time, staff directed the appraiser to value the property as if no environmental issues existed. That resulted in a "best case" valuation. In 2004 Habitat for Humanity (Habitat) indicated an interest in building in Woodburn and requested discounted development fees. Staff advised the request was contrary to Council policy, which requires full payment of those fees for all projects, including City initiated projects. Habitat asked if City held property existed that might be sold at a discounted rate. Staff discussed the Gatch Street property, including flood plain, environmental. and soils issues, and suggested Habitat conduct due diligence to determine if that [property might meet its needs. Habitat was provided a copy of the City's environmental assessment. Habitat then evaluated engineering and environmental conditions, and concluded it could build on the lot. It also evaluated the potential for building more than one unit on the lot but found, in consultation with its 47 Honorable Mayor and City Council April 24, 2006 Page 3 . . engineer and with City staff, that was not practical given flood plain and soil considerations. Staff suggested, to avoid complications related to flood plain requirements, and to retain access for the City to the Mill Creek Greenway, that only the most level portion of the westerly lot be sold to Habitat with the City retaining the remainder. In discussing a proposed sale price staff took into account conveyance of less than 32,600 square feet to Habitat. Staff also took into account potential for environmental impairment rather than the "best case" valuation, and the cost implications of an engineered foundation to compensate for fill soils on the property. Finally, staff considered the affordable housing benefit of a lower- than-market sale price to Habitat, the accountability of the organization as a developer, and the potential for quality construction consistent with the group's plans and the City's design guidelines. A sales price of $15,000 was proposed, with Habitat paying all transaction costs. Staff discussed this information with the City Council in November 2004 before proceeding further with the proposed sale. The Council agreed at that time that staff should move forward with the transaction. A sales agreement was then drafted, and provided to Habitat for consideration. Among the provisions is a clause returning the property to the City for the $15,000 sale price if Habitat fails to build on the lot within the next two years (Attachment 2). Upon Habitat's return of the agreement some months later, the City began the process of a lot line adjustment to segregate for sale an approximately 6700 square foot lot from Tax lot 4500. The lot line adjustment received planning approval. has been surveyed at Habitat's expense, and was recently recorded at Marion County. It is Habitat's intention to build a single family home on the new lot, which was designated as 670 Gatch Street. Habitat has already selected the family that will build and occupy the house, and hopes to conduct a ground breaking ceremony on Saturday April 29, 2006. Acceptance of Habitat's offer is conditioned on your approval, which you may give, or withhold given the outcome of the public hearing. The Council has that prerogative throughout the public hearing process, with respect to a more attractive offer that might be made by another party as part of their testimony at the hearing. It is staff's recommendation, however, that you accept the offer submitted by Habitat for Humanity. It is also recommended that you condition 48 .. Honorable Mayor and City Council April 24, 2006 Page 4 . . your acceptance of the offer to include the following provisions of the sales agreement, so that these may be recorded on the deed: . The property may only be used for a Single Family, owner-occupied, self- help home site. . Habitat for Humanity may not sell the property in an undeveloped state, or to make a profit. . Ownership shall revert to the City if Habitat fails to build a single-family, owner-occupied, self-help home on the site within two years of purchase date. If Habitat fails to build during that period, the City shall return to Habitat only $15,000, and Habitat will pay all costs associated with re- conveying title of the property to the City. . A Waiver of Remonstrance to the creation of any LID or similar mechanism employed by the City to finance Gatch Street improvements, including curb, gutter, sidewalk or street improvements, and water and sewer line improvements must be executed by Habitat for Humanity and recorded as part of the sales transaction. These provisions are intended to insure that the property is used to create affordable housing in Woodburn, and protect the City's future interests with respect to any street paving projects that may needed on Gatch Street. FINANCIAL IMPACT: The recommended action will net the City $15,000. Closing costs associated with the transaction will be paid by Habitat for Humanity. Proceeds of this sale will be placed in reserve, to be used to construct a new community center. JCB Attachment 1 Attachment 2 49 ~ ATTACHMENT Page _L_ of _ I PUBLIC HEARING NOTICE SALE OF CITY REAL PROPERTY Notice is hereby given that the Woodburn City Council will hold a public hearing on Monday, April 24, 2006, 7:00 p.m., in the City Hall Council Chambers, 270 Montgomery St., Woodburn, Oregon, on the proposed sale of city property (located on east side of Gatch Street south of the intersection of Gatch Street and Lincoln Street, Woodburn, Oregon), legally described as follows: Beginning at a point on the East line of Gatch Street at its intersection with the Northerly line of that parcel of land described in Reel 404, Page 64, Deed Records for Marion County, Oregon which point bears South 00000' 00" West 1224.13 feet and South 78000' 00" West 208.56 feet and North 00000' 00" East 13.50 feet and South 760 45' 00" West 188.74 feet from the Northwest comer of the Eli C. Cooley Donation Land Claim and being situated in the Northeast Quarter of Section 18, Township 5 South, Range 1 West of the Willamette Meridian in the City of Woodburn, Marion County, Oregon; thence North 00027' 00" East along the East line of said Gatch Street, a distance of 60.97 feet; thence North 76045' 00" East 110.00 feet; thence South 00027' 00" West 60.97 feet to a point on the Northerly line of said parcel described in Reel 404, Page 64, Deed Records for Marion County, Oregon; thence South 760 45' 00" West along said line, a distance of 110.00 feet to the Point of Beginning. The City Council considers it necessary and convenient to sell this property because it is a vacant lot not being used by the City and the sale of the property will provide revenue to the City for future development of community facilities. If the property is sold, the proposed use of the property will be consistent with single family residential use. The nature of the proposed sale, general terms thereof, including evidence of the market value of the city property, shall be fully disclosed by the City Council at the time of the public hearing. Any resident of the City shall be given an opportunity to present written or oral testimony at this hearing. Written testimony may also be submitted to the City Recorder, 270 Montgomery St., Woodburn, prior to the date and time of the hearing. Mary Tennant City Recorder Published April 19, 2006 50 _~~ North Willamette Valley . ATTACHMENT 1- -lTf Habitat for Humanltyte-l- of l~ Building houses, I, IIi/ding hope PO Box 852 Mt Angel. OR 97362 609 Welch 5t Silverton, OR 97381 Phone: (503) 873-0901 Fax (503) 874-8521 John Bro\\oTl City Administrator 270 Montgomery Street Woodburn, OR 97071 October 25, 2005 Dear John, REC'D OCT 2 6 2005 WOODBURN CllY ADMINISTRATOR'S OFACE Enclosed is the Purchase and Sale Agreement between the City of Woodburn and our organization. It is signed and we are ready to go! Please let me know how I can assist you in ~xpediting this transaction clo3ing! Thank you for your help and support. Blessings, ~ Kim Parker Executive Director 51 ,. DRAt=T BETWEEN: PURCHASE AND SALE AGREEMENT ATTAC~ENT J.. Page -k- of 11- CITY OF WOODBURN SELLER 270 MONTGOMERY STREET WOODBURN, OR 97071 AND: NORTH WILLAMETTE VALLEY HABITAT FOR HUMANITY P.O. BOX 852 MT. ANGEL, OR 97362 PURCHASER A. Seller is a Municipal Corporation and owner of real property located within the City of Woodburn, more particularly described on Exhibit A attached hereto (the "Property"), that desires to sell the Property. B. Purchaser is a non-profit Oregon corporation that desires to purchase the Property for the purpose of building a single-family, owner-occupied, self-help home. C. Seller desires to sell the Property to Purchaser, and Purchaser desires to purchase the property from Seller, on the terms and conditions set forth in this Purchase and Sale Agreement (the "Agreement"). NOW, THEREFORE, for value received and in consideration of the mutual promises set forth in this Agreement, the parties agree as follows: 1. PURCHASE AND SALE OF THE PROPERTY. Seller agrees to sell the Property to Purchaser, and Purchaser agrees to purchase the Property from Seller, on the terms and conditions set forth in this Agreement. 2, TOTAL PURCHASE PRICE. The total purchase price for the Property is $15,000 (the "Purchase Price"). Purchaser shall pay Seller, and Seller shall accept as payment-in-full a total of $15,000 for the property. 3. PRELIMINARY TITLE REPORT. Seller shall furnish to Purchaser, at Purchaser's expense, a preliminary title report prepared by the Title Company showing its willingness to issue title insurance on the Property (the "Title Report"). Purchaser shall review the Title Report and notify Seller, in writing, of Purchaser's disapproval of any unacceptable exceptions shown in the Title Report. However, notwithstanding anything in this Agreement to the contrary, zoning ordinances, building and use restrictions imposed by governmental authority, utility easements and reservations in federal patents or state deeds shall be acceptable exceptions to Seller' title, If Purchaser notifies Seller in writing of disapproval of any unacceptable exceptions in the Title Report, such notifications shall terminate this Agreement. PURCHASE AND SALE AGREEMENT (HABITAT FOR HUMANITY) PAGE 1 52 CLOSING, ATTACHMENT ?- Page -.-::L.. of t?- DRAt=T 4. 4.1 Manner and Place of Closina. This transaction will be closed in escrow at the Fidelity National Title Company, Woodburn office. Closing shall take place in the manner and in accordance with the provisions set forth in this Agreement. 4.2 Taxes. Property is currently exempt from taxes on real property. All taxes assessed to the property following the date of purchase shall be Purchaser's responsibility, 4.3 Title Insurance Costs. Purchaser shall pay for the cost of title insurance required by this Agreement. 4.4 Escrow Fees. Purchaser shall pay for all escrow fees. 4,5 Recordina Fees. Purchaser shall pay for all recording fees. 4,6 Payment of the Purchase Price. At the time of closing, Purchaser shall pay to Seller $15,000. 4.7 Events of Closina. Provided the Title Company has received the Purchase Price and is in a position to cause the title insurance policy to be issued as described below, this transaction will be closed as follows: (a) The Title Company shall deliver its commitment to issue a title insurance policy described in Section 4,8; (b) Seller shall execute a Warranty Deed (the "Deed"), to Purchaser; (c) The Title Company shall record the Deed. 4.8 Title Insurance. As soon as reasonably practical after the Closing Date, the Title Company shall be instructed to furnish Purchaser with an owner's policy of title insurance, standard form, in the amount of the Purchase Price, insuring Purchaser's interest in the Property subject only to the standard printed exceptions and exceptions for the matters accepted by Purchaser pursuant to Section 3. 4,9 Possession. Seller shall deliver possession of the Property to Purchaser immediately after closing has occurred. 5, SELLER' WARRANTIES, 5,1 Seller warrants that they own good and marketable title to the Property subject only to the standard printed exceptions and exceptions for the matters accepted by Purchaser pursuant to Section 3. PURCHASE AND SALE AGREEMENT (HABITAT FOR HUMANITY) PAGE 2 53 '~ Page --4- of I L DRA+=T 5,2 Seller warrants that they have used the Property in compliance with all applicable laws and regulations, and that Seller has not received and is not aware of any notification from any governmental agency having jurisdiction requiring any work to be done on the Property in order for it to conform to the applicable building code. 5,3 Seller offers no other warranties, expressed or implied, including warranties regarding the suitability of the Property for the use intended by Purchaser. 6, ENVIRONMENTAL ASSESSMENT. Before closing, Purchaser may engage consultants or engineers of Purchaser's choosing to conduct an environmental assessment of the Property as Purchaser deems necessary. Purchaser or its agents shall have the right to enter the Property at reasonable times before the Closing Date to make such environmental assessment at Purchaser's expense and risk. Purchaser shall indemnify and hold the Seller harmless from any loss, damage, or claim arising out of Purchaser's access to the Property for the purpose of making the environmental assessment. It shall be a condition to closing that the results of such environmental assessment be acceptable to Purchaser in its sole discretion. 7. GENERAL PROVISIONS 7.1 Property to be Used for Sinqle-familv. Owner-occupied. Self-help home site onlv. Purchaser shall use the Property for the sole purpose of constructing a single-family, owner-occupied, self-help home. Such construction shall commence not later than two years following the purchase of Property from Seller. Purchaser shall not sell the Property in an undeveloped state or for the purpose of making a profit. In the event that Purchaser does not commence construction within two years or attempts to sell the property in an undeveloped state, ownership of the Property shall revert to Seller, In such event, Purchaser shall receive compensation in an amount not to exceed $15,000, and shall be responsible for all costs associated with re-conveying title in the property to Seller. 7.2 Non-Remonstrance AQreement. Purchaser shall be required as a condition of this Agreement to execute and record a Waiver of Remonstrance (non- remonstrance) Agreement in a form acceptable to the City, which prohibits the Purchaser and its assigns and successors from remonstrating any LID or similar financing method proposed by the City for the purpose of making improvements to Gatch Street. Such improvements shall include, but shall not be limited to, street, sidewalk, curbs, gutter and lighting improvements, water system, sanitary sewer, or stormwater improvements. 7,3 Assiqnment. Purchaser may not assign this Agreement without the prior written consent of Seller, which consent Seller may withhold in its sole and absolute discretion, 7.4 Bindinq Effect. This Agreement shall be binding upon and inure to the benefit of the parties, and their respective heirs, personal representatives, successors. and assigns, but nothing contained in this Section shall alter the restriction against assignment without Seller' prior written consent. PURCHASE AND SALE AGREEMENT (HABITAT FOR HUMANITY) PAGE 3 54 .. .. -. .'- "';'""--." Page __~ of 1)..- DRAf=T 7.5 Notices. Notices under this Agreement shall be in writing and shall be effective when actually delivered or telecopied. If mailed, a notice shall be deemed effective on the second day after deposited as registered or certified mail, postage prepaid, directed to the parties as follows: To Seller: City of Woodburn c/o John C. Brown City Administrator 270 Montgomery Street Woodburn, OR 97071 To Purchaser: North Willamette Valley Habitat for Humanity c/o Kim Parker Executive Director P.O. Box 852 Mt. Angel, OR 97362 or to such other address as either party may from time to time designate by notice to the other given in accordance with this Section, 7,6 Waiver. Failure of either party at any time to require performance of any provision of this Agreement shall not limit the party's right to enforce the provision. Waiver of any breach of any provision shall not be a waiver of any succeeding breach of the provision or a waiver of the provision itself or any other provision. 7.7 Indemnification. Purchaser shall hold Seller harmless and indemnify Seller against any loss, cost, or expense in connection with any inspection of the Property by Purchaser. Purchaser shall repair any damage to the Property caused by its inspections or tests, if any. 7,87 Attornev Fees. In the event suit or action is instituted to enforce the terms of this Agreement, the prevailing party shall be entitled to recover from the other party such sum as the court may adjudge reasonable as attorney fees at trial, on any appeal, and on any petition for review, in addition to all other sums provided by law. 7.9 Prior AQreements. This Agreement supersedes and replaces all written and oral agreements previously made or existing between the parties. 7,10 Applicable Law, This Agreement shall be construed, applied, and enforced in accordance with the laws of the state of Oregon. 7.11 Brokers. Purchaser and Seller acknowledge and agree that they have employed no real estate brokers or finders in connection with the sale and purchase of the Property. 7.12 Chanqe in Writing, This Agreement and any of its terms may only be changed, waived, discharged, or terminated by a written instrument signed by the party against whom enforcement of the change, waiver, discharge, or termination is sought. PURCHASE AND SALE AGREEMENT (HABITAT FOR HUMANITY) PAGE 4 55 '~ ATTAC~MENT P f., 1.,- age __ _ 0 DRA+=T 7.13 Invaliditv of Provisions. In the event any provision of this Agreement, or any instrument to be delivered by Purchaser at closing pursuant to this Agreement, is declared invalid or is unenforceable for any reason, such provision shall be deleted from such document and shall not invalidate any other provision contained in the document. 7.14 Descriptive HeadinQs. The descriptive headings of the Sections of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. IN WITNESS WHEREOF. the parties have caused this Agreement to be executed in duplicate. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND WHICH LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES, BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES. SELLER: PURCHASER: City of Woodburn by John C. Brown, City Administrator Dated: ~p~ North Willamette Valley Habitat for Humanity by Dated: / /) - j. 0 - tJO t PURCHASE AND SALE AGREEMENT (HABITAT FOR HUMANITY) PAGE 5 56 County of Marion ) ) ss. ) ATTAC~MENT 2, Page _,.,_ of __tv DRAf=T STATE OF OREGON On this day of I 2005, personally appeared before me the above-named John C. Brown, who being first duly sworn, did say' that he is the City Administrator of the City of Woodburn, and that said instrument was signed and sealed on behalf of the City, and he acknowledged said instrument to be its voluntary act and deed. NOTARY PUBLIC FOR OREGON My Commission Expires: STATE OF OREGON ) ) ss. County of Marion ) day of Oc-~ ,2005, personally appeared before me , the s!gner of the within instrument, who duly acknowledged to me hat she/he is the ee-. Vl.I1.Lettn.- of North Willamette Valley Habitat for Humanity, a non-profit Oregon corporation, and that she/he executed the same on behalf of said corporation. _OFFICIAL SEAL TIMOTHY KOSKI NOTARY PUBLIC-OREGON -.:' i COMMISSION NO, 388042 M'f COMMISSION EXPIRES JAN. 15,2009 ~~ kf 5hi.. NOTARY PUB IC FOR OR~N My Commission Expires: - It; 70-01 PURCHASE AND SALE AGREEMENT (HABITAT FOR HUMANITY) PAGE 6 57 .,. AFTER RECORDING RETURN TO: ATTACHMENT J.. Page --'l-- of If.: City Recorder, Mary Tennant 270 Montgomery Street Woodburn, Oregon 97071 Map No.: Tax Lots: Planning No.: Grantor: NON-REMONSTRANCE AGREEMENT RESTRICTIVE COVENANT PURSUANT TO CITY OF WOODBURN ORDINANCE NO. 2105 The undersigned legal owners of the property described below (the "Property") hereby waive any and all right to remonstrate against the formation of a Local Improvement District (LID) by the City of Woodburn (City) for the purpose of making sanitary sewer, storm sewer, water or street improvements that benefit the Property and assessing the cost to benefited properties. This non-remonstrance agreement is executed in consideration of not being required by the City to make the above-mentioned improvements at this time as a condition of land use approval in Woodburn Planning Case No. For the purpose of this Covenant: "Sanitary Sewer Improvements" includes pipelines or conduits and all other structures, devices, appurtenances and facilities used in collecting or conducting wastes to an ultimate point for treatment or disposal. "Storm Sewer Improvements" includes pipelines, swales, detention or retention devices or conduits and all other structures, devices, appurtenances and facilities used in collecting or conducting storm water flow to an ultimate point for treatment or disposal. "Water Improvements" includes pipelines, conduits, meters, hydrants and all other structures, devices, appurtenances and facilities used in collecting, treating or conveying drinking water from a source of supply to water consumers and other water users. "Street Improvements" includes streets, sidewalks, curbs, gutters, street lighting and all other structures, devices, appurtenances, facilities and improvements used to serve cars, bicycles, pedestrians and other modes of transportation and conveyance, "Right to remonstrate against the formation of an LID" refers solely to a property owner's right under the City Charter and Ordinance No. 2105 to be counted as part of the owners of a majority of the land to be specially assessed that can, in certain circumstances, suspend proceedings on the formation of an LID. The waiver of this right herein does not limit or Page I - Non-Remonstrance Agreement 58 .. ~~:~~~~i_ ~t- otherwise restrict the ability of a property owner bound by this covenant to appear at any of the required public hearings and testify regarding the formation of the LID, whether the boundaries include all benefited property, the equity of the assessment formula, the scope and nature of the project or of the final assessment, or any other issue regarding the LID. This covenant shall run with the land and be binding upon the undersigned and upon all subsequent owners of property for twenty years from the date hereof and may be extended at the City's election for one additional twenty-year period if the City files a notice of extension in the deed records of the county in which the property is located prior to the expiration of the first twenty-year period. In the event that a suit or action is instituted to enforce the terms of this covenant, the prevailing party shall be entitled to recover reasonable attorneys fees and all other fees, costs and expenses incurred in connection with the suit or action, including any appeals, in addition to all other amounts allowed by law. The property subject to this covenant is described as follows: SEE ATTACHED EXHIBITS "A" (Legal Description) and "B" (Survey, Plat, etc.) In construing this covenant and where the context so requires, the singular includes the plural and all grammatical changes shall be implied to make the provisions hereof apply equally to corporations and to individuals. of IN WITNESS WHEREOF, the grantors have executed this instrument this ,20_. day GRANTOR: ADDRESS: Printed Name: GRANTOR: ADDRESS: Printed Name: Page 2 - Non-Remonstrance Agreement 59 .. :J. Ail'ACHMENT Iz..... Page __L'?_ of ST ATE OF OREGON County of ) ) ) ss. On this day of , 20_, before me, the undersigned Notary Public, personally appeared o personally known to me o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged that they executed it. NOTICE: No stamp or corporate seal is allowed over any typed information. Stamp seal below WITNESS my hand and official seal. Notary's signature My commission expires: Accepted on behalf of the City of Woodburn on the condition that the Restrictive Covenant Non-Remonstrance Agreement is free and clear from taxes, liens, and encumbrances. City Administrator City Recorder Page 3 - Non-Remonstrance Agreement 60 .. BA EXHIBIT A ATTACHMENT ~ Page _ I (_ of Parcel 1 Beginning at a point on the East line of Gatch Street at its intersection with the Northerly line of that parcel ofland described in Reel 404, Page 64, Deed Records for Marion County, Oregon which point bears South 00000' 00" West 1224.13 feet and South 78000' 00" West 208.56 feet and North 00000' 00" East 13.50 feet and South 760 45' 00" West 188.74 feet from the Northwest comer of the Eli C. Cooley Donation Land Claim and being situated in the Northeast Quarter of Section 18, Township 5 South, Range 1 West of the Willamette Meridian in the City of Woodburn, Marion County, Oregon; thence North 000 27' Don East along the East line of said Gatch Street, a distance of 60,97 feet; thence North 760 45' 00" East 110.00 feet; thence South 00027' 00" West 60.97 feet to a point on the Northerly line of said parcel described in Reel 404, Page 64, Deed Records for Marion County, Oregon; thence South 76045' 00" West along said line, a distance of 110.00 feet to the Point of Beginning. ~';EG!ST:::H:':D PROFESB10~;AL LA~.!D SUHVEYOR G; ;,~(;CN JULY 10,1064 CLARENCE E. BARKER 633 C. '.Documents and Senings'Owner My DocumentsIWordperfect\Descnptions\Woodburn Habitat for Humanity - 05215. wpd LAND SURVEYORS SUBDIVISIONS. CONSTRUCTION STAKING' TOPOGRAPHIC MAPPING METROPOLITAN. RURAL. PARTITIONINGS . STRUCTURAL LAYOUTS PHONE (503) 586100 . FAX (503) 588-8804 '~ ~ I- - ~ - 3: )( III ~~ ~- ZC LU :;;,.lj :t, 0- <(<l.1 ~OI ~~ -:( (,- ("$J ~~'t.:. s- s --- ~.- to I I I I Un I I", \~. I~ 11 II>. 1 !\1 ! 0 ~ i 8 Z ,.. ... g ./ ~""-o \"7'fl~" c.s. PROPERTY LINE ADJUSTMENT CASE NO, 05-05 V 635, P 721 R 2393, P. 0147 R 2393, P. 0155 c S- ~1~\o") \,,.;.......0';.. ~ @ 5 ~1'l ...... . @ /' --=~- (9) __ll_)I_,:.-ll...-Jt-Jt-)l. I ---- O1SlWG I =. PROPERTY LN: I~ I.. I~ I~ I On N ,..: ~ R 31, P. 1810 (20') ... 8 1 R 282, P 1989 23,853 S.f -f~~~~--- - N.E. COIl N. W. cOR a.s. I(NI{Y (C- CXXI.fy DlC NO. .)' Ole NO_ 42 . t" lP.--1.(l' OUP fH~J8O,II' MQN!.IMENllIST ___ o Found.n Iron rod wI1h 1-112 Inch ""'",,"um cap (no martung&~ origIt1 ...,....,. " . ~ ~ u (~) Found. lIT' Iron pipe.." In C.S 11230 ~is 1.0 1o?i S(JIJII> 0/. fence 00Rl0I. I' ~ (~) Found an iron rod wI1h 1.112 Inch aluminum cap 0 3100ll ~ in the ._1 ~ of Galdl SITeeI and UncoIn snac'IBn1>OO"OR STATE HWY DIY ", origin "'*"'-' (.0 Found. 5/8' iron rod 0.5 _ doep wilh yeMow pIBolIc cap '1Bn1>OO "QUERY PlS 1M3' oel in C.S. 33478. .. ::> . N m ~F j ~ .~; - ;; ~l .~ 8111 ~c:; ~ @ Found. lIT' Iron pipe 0.5' deep selin C .8. 11230 '"'*" -.. N4r51'45"W 033 _from the caIcuIaled posioon of !he I1OI1tow6sl comer of lhe City 01 Woodburn InId desatbed In R.... 355. P8gIlll85. @ Found. 518" iron rod will> yellow plBslic. ClIp slBn1>Bd "QUERY PlS 1653" set in C.S. 33478 (':', Found. 5/8" iron rod wilh yeMow pIa.1ic. ClIp slm1pBd 'QUERY PLS 1653" selin C.S. 33478. iil =t c~ .~~"~eoOO~ (S1~:----- / ..------- .c.s.)}'\Jt-- ..-" 19~.~)~." 'flOod)\ ~..- I // t~&~~~ l~~e / !-y~ ..--/ .__----- ----- @~OO~DQt. ---- PER c.s.. 33478 18,1"- . ,.74' ~ __ -A \'000 'r:#J"i -- --- 9J.7 - to\7r;1t5 ---;+ f(\4~~()O"E ';" bt9 l.~li";i7l -,,-()'j6]) ~\}..'!.O') ~_ \,,')6. t{,l)C~p 4Ie ~",'31. . ~j o R 1139. P. 1.13 R 1Hl, P. 611 8 $ ~ (Ztf) f:j I!: Ul J: ~ .. ~ 1.1!lO' (lJ...., R. ..... P. .. R 1139, P. 428 PARCEl 3 R 1436, P. 689 --~ .------ ------ ('0') I \L ~- ~-- (20) --------- ,,'18LJ)\ c.s .})'\16 . - \,...'Qli",,~ f'MIlRA TlVE' Basis 0/ Ile8ring Is on Ihe line between Mollum.nlli No. 24 and. poinIln th6 _ 0/ _ SITeeINorth 118'20'00" We.t 2.15 teelfrom Monumenl No. 45._", C.S. 33478 The ~ of this ourvey wa. ID edjusllhe propeiIy line _ Ih8lI1ad d land eo desa1b8d In R..... 282, Page 1989 and IllBI trac. 01 land described "' RooI 356. P"llu 0885 a. ~ by IhB City of Woodburn CommuniIy D6ve/opmonl Direcla "' Property lile Adju.lmenllJ5.1l5. The I>oundaty line tlIlhB City of Woodburn Inlet described "' Roel282, Pege 1989 wes hold as Ihowrt III C.S. 334T8. The I1Oftho<ty line 01 UlO City 01 Woodburn .act desClibed "' Red :\55, Pogo 885 was establishBd on . beBmg 01 North 73'00'00" El.s' parallel wI1h lhe nonhody Ine oIlhe 2.00 aaelracl desaibed "' Volume 221. Page 53, o-l Records The southerly line 01 oald Woodburn InId .... eslablished per Quit CIeim o-ll8COfded in Reel 404, Page 64. n.. _etly II"" of GaId1 StreOl was htlId... 51.-, 11 C.S. 33<178 The .- pr~ Ine was .._ as per City appnwal. ~-------_.------ . Monumenls found as descnbed U\ _ UsI..._ 0.2' d ground .urflIce, ...-. __ noled o Set 5/8-incl1 by 3O-inch iron rod with . yeIow pjaslic ClIP _ed "BARKER PlS lI36" ) 0.,.01_ )1 o..le 01 reconIlrom C.S 33478 arv.l meaoured. r S . County Suovey S F ~ SqU"'" F.... P . "- V ~ VOkme R. . Reel SURVEYS USED AS REFERENCE: C.S. 17210; C S 33478; C S. 10743 Eq..pmenl uSBd T opcon ElectronIC T oIal Slalll'" Q.~ Found a 5/8" iron rod Wllh yellow plih;tiG cap sIamp8d 'QUERY Pl.S 1653" set In C.S. 33478. (:, : ";"ulJ.) 518- ht.-Il i.~ wHh yUh;.W ~bolU: l..tIJ..I &.~l~ -owERY PLS H:'J3~ 861 '" C.S. 334T8 N <0J Found. 5/8' Iron rOd Wllh yeMow pIa.1ie cap alamp8d "QUERY PlS 165'P ...1 in C S. 33416. @ @ Found a 518" iron rod wllI1 yellow pIa.1ic. cap slMT1pBd "QUERY Pl.S 1653" _ WI C.S. 33478. t'1 Found a I" Iron ptpe 1.0 fOOl deep in monuma'" box I1I8fl<ing Ihe northwesI comor 0/ the EN C Cooley OLC No. 42 as _ "' C.S. 10743 ~5J Found a 314' iron rod 0.85 _ be_ road Sl.ffBce . _ 11 C.S. 33<116. ]<. t>' \l'~') C:i J)'''ll - - - - 4-. HlAINf ~ 'TRt.lTu j 1: ~ AODW.bI\1!: 1.!-3'-~!,_ CITY OF WOODBURN ~ REGlSTEREOnJ SUR~Y_fOR PRDFEStitONAl ..--------- lAND SUR\!E.YOR LOCA nON: -~--- HE '/4 S(cnON 18 01Y OF WUOV9URN ~~ T~ ~1.. w.~_ _ _~_..__ __~ARtON c.;0UN~ ~fOON ~..1:'.o N-'j ~..---':.-:-JIl:"~,o~:r.>~~~Wl~~E.cor;EET 1 01 1 ~~ '\ ~8ARJ((R ~TL 1>>/21/201>> SAI.H&, lWCON SlB02 .. ___ ____._______~_ PtKWf (~) 58e-MOQ "____ - .--_~ - --- MAIM BY'. lrf.A T (WAIl: S\.It'oJE)'INCJeWIACtJr.t .QI NUWIIIllI" OOZl~ __~.______._ n___ __._._.__. .__.__...___~.__~_ __..__.__._____ ~~~ --A. ~ WOODBURN ,,,, (1'''''' II' l J '8' tI ~ ~llA . . April 24, 2006 TO: FROM: Honorable Mayor and City Council John C. Brown, City Administrato# SUBJECT: Resolution Approving Sale of Property at 670 Gatch Street RECOMMENDATION: It is recommended the City Council adopt the attached resolution declaring City property located at 670 Gatch Street surplus, and authorizing the City Administrator to sell said property to Habitat for Humanity. BACKGROUND: On April 24, 2006 the Council took the following actions related to the sale of property located at 670 Gatch Street: · Conducted a public hearing on the proposed sale of the property to Habitat for Humanity for $15,000; · Accepted, with the conditions stated in the sales agreement, the offer of $15,000 of Habitat for Humanity; and · Directed staff to prepare a resolution documenting the sale of the property. DISCUSSION: The attached resolution was prepared in anticipation of Council direction, declares the Gatch Street property is surplus and is not needed for a public purpose, documents the Council's approval of the sale of the property to Habitat for Humanity, and authorizes the City Administrator to sell the property to Habitat for Humanity for $15,000. The resolution also documents conditions placed by the Council on its acceptance of Habitat's offer: · The property may only be used for a Single Family, owner-occupied, self- help homesite. Agenda Item Review: City Administrator City Attorney Finance 63 ~ Honorable Mayor and City Council April 24, 2006 Page 2 . . . Habitat for Humanity may not sell the property in an undeveloped state, or to make a profit. . Ownership of the property shall revert to the City if Habitat fails to build a single-family, owner-occupied, self-help home on the site within two years of purchase date. If Habitat fails to build during that period, the City shall return to Habitat only $15,000, and Habitat will pay all costs associated with re-conveying title of the property to the City. . A Waiver of Remonstrance to the creation of any LID or similar mechanism employed by the City to finance Gatch Street improvements, including curb, gutter, sidewalk or street improvements, and water and sewer line improvements must be executed by Habitat for Humanity and recorded as part of the sales transaction. FINANCIAL IMPACT: The recommended action will net the City $15,000. Closing costs associated with the transaction will be paid by Habitat for Humanity. Proceeds of this sale will be placed in reserve, to be used to construct a new community center. JCB 64 '~ COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION DECLARING CERTAIN CITY PROPERTY LOCATED AT 670 GATCH STREET TO BE SURPLUS PROPERTY AND AUTHORIZING THE CITY ADMINISTRATOR TO SELL SAID PROPERTY TO HABITAT FOR HUMANITY. WHEREAS, the City Council has previously determined to sell City-owned properties that are considered surplus, to assist with financing the construction of a new community center facility; and WHEREAS, Habitat for Humanity requested the City to sell City-owned property so Habitat for Humanity could build an affordable housing project in Woodburn; and WHEREAS, the City owns property on Gatch Street, which due to proximity to the 100 year flood plain and because of significant amounts of fill does not lend itself well to developed uses; and WHEREAS, City staff negotiated a property sale arrangement concerning a portion of the City-owned property on Gatch Street; and WHEREAS, a lot line adjustment creating a second, buildable, lot at 670 Gatch Street was completed and recorded; and WHEREAS, Notice of Public Hearing was published on the proposed sale of the property at 670 Gatch Street; and WHEREAS, pursuant to ORS 221.725, the Woodburn City Council conducted a public hearing on April 24, 2006 to hear testimony concerning said sale; and WHEREAS, the Council disclosed the nature of the proposed sale and the general terms thereof, including evidence of the market value of the property; and WHEREAS, the Council considered Habitat for Humanity's offer for the property and determined that it was in the best interest of the City to accept the bid; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Page 1 - Council Bill No. Resolution No. 65 Section 1. The property is located at 670 Gatch Street, Woodburn, Oregon and is described as follows: Beginning at a point on the East line of Gatch Street at its intersection with the Northerly line of that parcel of land described in Reel 404, Page 64, Deed Records for Marion County, Oregon which point bears South 000 00' 00" West 1224.13 feet and South 780 00' 00" West 208.56 feet and North 000 00' 00" East 13.50 feet and South 760 45' DO" West 188.74 feet from the Northwest corner of the Eli C. Cooley Donation land Claim and being situated in the Northeast Quarter of Section 18, Township 5 South, Range 1 West of the Willamette Meridian in the City of Woodburn, Marion County, Oregon; thence North 000 27' 00" East along the East line of said Gatch Street, a distance of 60.97 feet; thence North 760 45' DO" East 110.00 feet; thence South 000 27' 00" West 60.97 feet to a point on the Northerly line of said parcel described in Reel 404, Page 64, Deed Records for Marion County, Oregon; thence South 76045' 00" West along said line, a distance of 110.00 feet to the Point of Beginning Section 2. The Council finds that the property is surplus property and is not needed for public use. Section 3. The Council further finds, based upon the April 24, 2006 City Administrator staff report and the information presented at the public hearing, that $15,000 is a reasonable amount for the City to receive for the property. Section 4. The Council also finds, based on the April 24, 2006 City Administrator report and information presented at the public hearing that it is desirable and appropriate to place the following conditions on its acceptance of the bid and sale of the property to Habitat for Humanity: A. The property may only be used for a Single Family, owner-occupied, self-help homesite. B. Habitat for Humanity may not sell the property in an undeveloped state, or to make a profit. C. Ownership of the property shall revert to the City if Habitat fails to build a single-family, owner-occupied, self-help home on the site within two years of purchase date. If Habitat fails to build during that period, the City shall return to Habitat only $15,000, and Habitat will pay all costs associated with re- conveying title of the property to the City. D. A Waiver of Remonstrance to the creation of any LID or similar mechanism employed by the City to finance Gatch Street improvements, including curb, gutter, sidewalk or street improvements, and water and sewer Page 2 - Council Bill No. Resolution No. 66 line improvements must be executed by Habitat for Humanity and recorded as part of the sales transaction. Section 5. The Council authorizes the City Administrator on behalf of the City to accept Habitat for Humanity's offer of $15,000, with the conditions noted in Section 4, and to sell the property to Habitat for Humanity for the sum of $15,000. Approved as to form: ~,~ ~ City Attorney 1/ ZoJ2oub Dale / Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder A TIEST: Mary Tennant City Recorder City of Woodburn, Oregon Page 3 - Council Bill No. Resolution No. 67 'f ~~- ~ WOODBURN I.,.".,..., 18$9 l1B ~~ . . April 18, 2006 FROM: Mayor and City Council through City Administrator ~ ~ Randy Rohman, Public Works Program Manager 4 TO: SUBJECT: ODOT Capital Grant Agreement for Purchase of Transit Bus RECOMMENDATION: Approve the attached resolution entering into ODOT Grant Agreement No. 22829 with the State of Oregon for capital purchase assistance for a new transit bus and authorizing the City Administrator to sign the agreement on behalf of the city. BACKGROUND: The city has, in the past received capital assistance for transit vehicles from the Federal Transit Administration's Section 5311 Rural and Small Urban Areas Program, These federal funds are administered by the Oregon Department of Transportation. The City applied to ODOT Public Transit Division for a grant to fund replacement of a 1992 Eldorado Transit Bus that is in poor condition. In June 2005 the City was notified that its application had been selected for funding. DISCUSSION: This capital grant allows the city to replace a 1992 model year bus that is in poor condition, This agreement provides a better match ratio than has been standard for some of these agreements. The grant provides 89.73% of projected cost or up to $163,309 in assistance for the purChase of a 30 foot or greater purpose built heavy duty transit bus. The city will provide up to $18,691 in matching funds for the purchase. City matching funds will be available in the transit equipment replacement fund. The agreement is similar in content to past capital grant agreements that the city entered into with ODOT. The city attorney has reviewed the agreement, Staff recommends that the resolution authorizing the City Administrator to sign the agreement on behalf of the City be approved. FINANCIAL IMPACT: City matching funds, in the amount of $18,691 will be available in the Equipment Replacement Fund and no additional funds will be required. This capital purchase is included in the transit fund portion of the equipment replacement budget for fiscal year 2006-2007. Agenda Item Review: City Attorney Finane 68 ~ COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION ENTERING INTO GRANT AGREEMENT NO. 22829 WITH THE STATE OF OREGON AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SUCH AGREEMENT. WHEREAS, the State of Oregon acting through the Oregon Transportation Commission is authorized to enter into agreements and disburse funds for the purpose of supporting public transportation pursuant to ORS 184.670 to 184.733, and WHEREAS, the City of Woodburn has applied for federal public transportation capital purchase assistance funds under Title 49, United States Code, Chapter 5311, Small City and Rural Areas Program, and WHEREAS, the State of Oregon, Department of Transportation, has been designated to evaluate and select recipients of assistance from federal funds available under the Small City and Rural Areas Program, to coordinate grant applications and to administer the disbursement of the federal assistance, and WHEREAS, the State of Oregon, Department of Transportation, has approved $163,309 in capital purchase assistance funds for the City of Woodburn to be used in support of public transportation, NOW THEREFORE; THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into Grant Agreement No. 22829, which is affixed as Attachment · A- and by this reference incorporated herein, with the State of Oregon acting by and through its Department of Transportation to secure federal funds through Title 49, United States Code, Chapter 5311 for the purpose of supporting publiC transportation. Section 2. That the City Administrator of the City of Woodburn is authorized to sign said agreement on behalf of the City. Page 1- COUNCIL BILL NO. RESOLUTION NO. 69 ~ Approved as to fOrm:c:-n. ~ ~ City Attorney APPROVED: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder A TIEST: Mary Tennant, Recorder City of Woodburn, Oregon 70 ~ Note: Documents pertaining to this section are scarmed at the end of this agenda packet. ATTACHMENT "A" Due to the length of the attachment, it has not been included with the Council packet. The attachment will be available for review at the Public Works office or at the council meeting. 71 " ~ WQ.ODBlJ]~N 1.fi)"D,,,,t. f'" l1C ~~ . . April 24, 2006 TO: Honorable Mayor and City Council FROM: John C. Brown, City Administrator SUBJECT: Budget Transfer - Highway 214 Beautification Project RECOMMENDATION: It is recommended the City Council adopt the attached resolution approving a transfer in the amount of $5,000 from General Fund Contingencies (001-901- 9971-5921) to Parks Maintenance (001-631-7611-5384) to purchase street trees for a Highway 21 4 beautification project. BACKGROUND: The Oregon Department of Transportation (ODOT) installed a pedestrian refuge island in Highway 214 adjacent to Woodburn High School in 2001, following traffic fatalities there in December 2000. The City, the School District, and ODOT subsequently built sidewalks adjacent to the highway, from Meridian Street to the high school, and from Nuevo Amanacer to Park Avenue. ODOT landscaped the island, but water was not supplied for irrigation and most of that landscaping is now gone. Grass is planted in the strips between Highway 214 and the sidewalks, but due to budget limitations, irrigation was not installed and only grass was planted. The City maintains the areas behind the curb-line along the span of the sidewalk project, pursuant to the intergovernmental agreement between the City and OOOT. The City is also responsible for maintaining the pedestrian island, but has attempted to do so through volunteers. DISCUSSION: The Council has asked to improve the appearance of the pedestrian island, by installing irrigation and new landscaping. City staff obtained ODOT permission to extend irrigation to the island as part of a landscaping proposal that includes planting street trees in the strips between the sidewalks and the highway. Agenda Item Review: City Administrator _ City Attorney 72 . Honorable Mayor and City Council April 24, 2006 Page 2 . . Irrigation will be a drip system, which can be expanded to irrigate plant material that may be installed later between the street trees. Red maples, of the same variety planted in the downtown plaza, will be planted every 50 feet and will greatly enhance the appearance of that section of the Highway. 26 trees are needed for this project; 28 will be purchased to insure against planting failure or other loss. Due to nursery timing requirements, most of these trees have already been ordered. FINANCIAL IMP ACT: Funds for the irrigation project will be provided from public works sources. Funds are not available for the trees, prompting this request for a contingency fund transfer. Approval of the recommended action will reduce the General Fund Contingencies by $5,000, from $992,641 to $987,641. JCB 73 COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION AUTHORIZING THE TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL YEAR 2005 - 06. WHEREAS, Oregon Revised Statutes 294.450 allows for the transfer of operating contingency appropriations within a fund to an existing appropriations category within the same fund during the year in which appropriations are made: and WHEREAS, the City desires to plant street trees between recently constructed sidewalk and Highway 214 in the vicinity of Woodburn High School: and WHEREAS, a transfer of General Fund operating contingency appropriations is necessary to pay for the purchase of trees to be planted along Highway 214: NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That authorization is hereby given to transfer the following operating contingency appropriation during fiscal year 2005-06: GENERAL FUND: Transfer From: Operating Contingency (001.901.9971.5921) $ 5,000 Transfer To: Parks Maintenance-Trees (001.631.7611.5384) Approved as to form: ?J.ryQ- /)C) City Attorney $ 5,000 4/2{/ L.elOh ~ Approved: Kathryn Figley, Mayor 74 '. 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 75 "!' ~ WOODBURN 1.,.".u"J 1889 ~~llD . . April 18, 2006 FROM: Honorable Mayor and City Council through City Administrator Public Works Program Manager ~ ~ TO: SUBJECT: Inmate Work Program Agreement with State of Oregon to Provide Inmate Work Crews RECOMMENDATION: Approve the attached resolution entering Into an inmate work program agreement with State of Oregon for providing inmate work crews to accomplish maintenance activities in City parks, right of ways and drainage ways. The resolution also authorizes the City Administrator to sign future annual agreements that are consistent with the Intent of the attached agreement. BACKGROUND: The City has been utilizing inmate work crews to accomplish maintenance in City parks, right of ways and drainage ways. The City has found that such work crews are effective in accomplishing labor intensive tasks and are a cost effective option for doing such work. The State of Oregon provides such inmate work crews and enters into inmate work program agreements with the various agencies that they provide with inmate work crews. DISCUSSION: The City has used Marion County as well as State of Oregon inmate work crews in the past to conduct labor intensive maintenance tasks. The City has found that the use of such crews is cost effective and provides a source of labor for tasks that are lower priority but are still required to be done to improve city image and would take City staff away from other higher priority necessary work. Examples of work done in the past by such crews are maintenance of drainage ways, pruning trees and placing sod and bark dust. State of Oregon provides supervision for the work crew and the City provides all tools, supplies and equipment required to accomplish the maintenance work. Agenda Item Review: City Administrator _ Finance 76 .~ Honorable Mayor and City Council April 18, 2006 Page 2 . . The City does not have a current agreement with the State of Oregon to utilize State Department of Corrections inmate work crews. This agreement Is similar to an existing agreement with Marlon County and the state needs a current agreement in place in order for the city to schedule state Inmate crews. Staff recommends that the resolution authorizing entering into the agreement be approved. The agreement presented for approval ends on April 30, 2008. The agreement will be updated prior to expiration and the resolution authorizes the City Administrator to sign future annual agreements that are consistent with the intent of the attached agreement. The state will provide a renewal agreement prior to the expiration of this agreement. Public Works will continue to utilize Marion County inmate crews but this agreement with State of Oregon will provide another resource to provide inmate labor at the most appropriate time for the task. Staff is recommending that the attached resolution entering into an inmate work program agreement to utilize State of Oregon inmate work crews be approved. FINANCIAL IMPACT: Costs for inmate work crews, estimated at $7,000, is budgeted as part of the other professional services object in the street and park maintenance budgets. 77 COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION ENTERING INTO AN INMATE WORK PROGRAM AGREEMENT WITH THE STATE OF OREGON FOR USE OF INMATE WORK CREWS AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SUCH AGREEMENT AND ANY FUTURE STATE OF OREGON INMATE WORK PROGRAM AGREEMENTS FOR USE OF INMATE WORK CREWS THAT MAY BE RECEIVED BY THE CITY. WHEREAS, The State of Oregon acting through the Department of Corrections will provide selected minimum security inmate work crews in appropriate work situations to perform work with a public benefit, and WHEREAS, The State of Oregon has determined that an inmate work program agreement pursuant to the pursuant to ORS 179.360, 190.110,421.005,421.405 through 421.455,421.490 and Section 41 , Article 1 of the Oregon Constitution is required to utilize inmate work crews, and WHEREAS, The City has found it to be beneficial to use inmate work crews to accomplish some maintenance tasks in City parks, right of ways and drainage ways, and WHEREAS, it would be in the best interests of the city to enter into this inmate work program agreement and authorize the City Administrator to sign additional future agreements from the State of Oregon for providing inmate work crews, NOW THEREFORE; THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1, That the City of Woodburn enter into an Inmate Work Program Agreement with the State of Oregon to provide inmate work crews, which is affixed as Attachment U A- and by this reference incorporated herein. Page 1- COUNCIL BILL NO. RESOLUTION NO. 78 .,. Section 2. That the City Administrator is authorized to sign said Inmate Work Program Agreement on behalf of the City. Section 3. That the City Administrator is authorized to sign additional future Inmate Work Program Agreements with the State of Oregon for the purpose of providing inmate work crews. Approved as to form: 0/,~!Y2J City Attorney lfjl1LZOfJb 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, Recorder City of Woodburn, Oregon 79 '~ STATE OF OREGON DEPARTMENT OF CORRECTIONS Inmate Work Program Agreement - Public (Oregon Public Bodies other than State Agencies) This INMATE WORK PROGRAM AGREEMENT (the "Agreement") is made and entered into this _ day of Apr~, 2006 by the STATE OF OREGON, acting by and through the DEPARTMENT OF CORRECTIONS ("DOC"), and City of Woodburn, a political subdivision of the State of Oregon (" Agency"). Capitalization terms not otherwise defined shall have the meanings assigned to them by Section 1 of this Agreement. RECITALS WHEREAS, this Agreement is entered into pursuant to ORS 179.360, 190,110,421.005,421.405 through 421,455, 421.490, and Section 41, Article lof the Oregon Constitution ("Ballot Measure 17"); WHEREAS. DOC desires to place selected minimum security Inmates in appropriate work situations to perform work with a public benefit while providing opportunities for participating Inmates to learn work skills and develop appropriate work habits; WHEREAS. Agency desires to accomplish the Work Projact(s) that are identified by addenda to this Agreement by using minimum security Inmates pursuant to the terms of this Agreement; WHEREAS, it is the policy of DOC and Agency to cooperatively administer this Agreement and manage the operations of the Work Crews through joint project planning and training in support of the parties' mutual objectives and goals; and WHEREAS, this Agreement establishes the responsibilities of DOC and Agency in the use of Inmate workers to provide labor for Work Project(s). NOW, THEREFORE, in consideration of the mutual promises, terms and conditions contained in the Agreement, the parties do hereby agree to the following: 1. DEFINITIONS. 1.1 Authorized Aeoresentative(s) shall mean the person(s) identified at Section 11.1 of this Agreement. 1 .2 ResDonsible PartY shall mean the DOC or Agency employee who is assigned to a Work Project and designated in the Project Description to be responsible for non-work related activities of Inmates assigned to a Work Crew. 1.3 lliilitt shall mean any institution, camp, annexed facility, or office operated by DOC. 1.4 ~ shall mean a convicted felon not on parole. probation, or post-prison supervision status who is under the custodial supervision of DOC. 1.5 Im~titu\ion shall mean a correctional Facility where Inmates reside. PIIgO 1 . INMATE WORK PROGRAM AGREEMENT nPutJllc - Orogon Puhllc BocJloR ulhof Ihl\l1 Stato Agonc;ioR) U' 0 April 19. 2006 80 1 .6 Institution Safety OffICer shall mean a DOC employee responsible for the safety management of an Institution or Fac~ity or satellite thereof. 1 .7 Proiect DescriDtion shall mean a detailed descr~tion of an individual Work Project, identifying specific work site details and necessary equ~ment and supervision responsibilities. Each Project Descr~tion wil be signed by both parties and attached to the Agreement as a numbered Schedule and made a part hereof. 1 .8 Suoerintendent shall mean a DOC employee responsible for all operational management of an Institution or Facility or satellite thereof. 1 .9 Work Crew shall mean the Inmates who are assigned to perform work for a Work Project pursuant to a Project Descr~tion. 1 .10 Work Proaram Manaaer shall mean a DOC employee responsible for overseeing daily planning and coordination of a Work Crew assigned to a Work Project. 1 .11 Work Proiect shall mean an activity which is wholly or partially accomplished through the use of Inmates pursuant to a Project Description, 1 .12 Work SUDervisor means an Agency employee responsible for Work Project training, assigning work tasks, and monitoring and assessing work progress. 2. WORK PROJECT; PROJECT DESCRPTION; SELECTION AND SCHEDULING OF ....MATES FOR WORK PROJECT; EMERGENCY REASSIGNMENT OR SUSPENSION OF WORK CREW. 2.1 Work Proiect: Proiect Descri:>tion. Agency and DOC agree to negotiate a written Project Descr1>tion(s) for all work under this Agreement. The Project Descr~tion shall explain the purpose and nature of a proposed Work Project, its estimated duration, interim progress dates, if any, the Work Project location,the number of Inmate 't"tUrkers required, and the estimated total hours of work needed to complete the Work Project as well as identify who the Responsible Party is for the Work Project. The Project Description shall set forth the parties understandings and agreements with respect to the Responsble Party, The Work Program Manager shall identify DOC's requirements, including but not limited to any special security considerations, compensation and payment, and any other requirements, terms or conditions. The final Project Descr~tion must be signed by each party and attached to this Agreement aa a numbered Schedule. 2.2 Selection of Inmates for a Work Proiect. The parties shall negotiate and establish the number of Inmates scheduled for a particular Work Project based upon Work Project requirements and availability of Inmates, supervisors and transportation and shall specify such number in the Project De8Cr~tion. Inmates assigned to a Work Crew shall be selected by DOC in accordance with DOC rules and regulations, 2,3 Schedulina of Inmates for a Work Proiect. DOC intends a Work Crew to work 40 hours a week, including travel time to and from the work site, subject to the nature of the work requested, The Project Descr1>tion shall specify the agreed hours of work for each Work Project. 2.4 Emeraency Reassianment or SusDension of Work Crew. In circumstances involving fire, riot, or other emergency public circumstances, DOC may, at its sole and absolute discretion, reassign or suspend all or part of a Work Crew for such period of time as DOC deems necessary. DOC will make every reasonable effort to give Agency advance notice whenever such reassignment or suspension of services becomes necessary. PBgO 2. INMATE WORK PROGRAM AGREEMENT ..Public - Orogon Public Bo<1io11 oltwJf than Slato Agonc;Io8) .UO Apr1l 19.2006 81 l' 3. COMPENSATION; PAYMENT. 3.1 General. DOC shall provide Work Crew services for the amount specified in the Project Description for that certain Work Project. Subject to the terms set forth in any subsequent Project Description, Agency agrees to pay DOC the rate for Inmate labor specifl8d in the applicable Project Description. 3.2 Allowable E>cDenses. In addition to the payment of any amounts required under Section 3.1 above, Agency shall reimburse DOC expenses as set forth in a Project Description. DOC shall itemjze such expenses and invoice Agency pursuant to Section 3.3 below. Allowable expenses include but are not limited to vehicle rental charges, mileage, and special clothing, tools and equipment provided by DOC. 3.3 PaYment. DOC shall submit a monthly invoice to Agency on or before the 15th day of each month for work performed under this Agreement, including all allowable expenses, during the preceding calendar month, Such invoice shall identify (i) the Work Project, (ii) the work performed, (iii) the Work Crew that performed such work, and (iv) allowable expenses incurred by DOC during the billing period, Payment shall be due 30 days from date of inwk:e. In the event payment of an invoice is not received by DOC by the due date thereof, Agency shall pay interest on the amount due at the rate of eight percent (8%) per year. Interest shall be computed on the invoiced amount due on the basis of a 365-day year and actual days elapsed. In any event the amount of interest shall not elCCeed the maJdmum allowable under law. 4. GENERAL TERMS. 4.1 ResoonsiJHitv for Inmates. DOC's personnel normally will be the Responsble Party for Inmates assigned b a Work Project. Pursuant to Oregon Laws 1997, Chapter 851, DOC may allow, at the request of the ~ and under the terms of this Agreement, Agency personnel to be the ResponsiJle Party for mininum security Inmates assigned to a Work Project Agency and DOC shall set forth in a Project Description their understandings and agreement whenever Agency personnel are designated as the Responsble Party Agency personnel who are designated the Responsble Party must first attend mandatory DOC training. Agency understands and agrees that when the Responsble Party is DOC personnel, the ResponsiJle Party shall not provide technical training to Inmates or opEKate equipment. At all times, Agency shall provide qualified personnel who will train Inmates, assign tasks, and supervise and assess work programs, To ensure public safety and the safe operation of the Work Crew, DOC reserves the right to conduct, and Agency hereby consents to periodic physical searches of the Work Project site. These physical searches may include but may not be limited to searches of such things as Agency vehicles, equipment, tools and storage areas, 4.1.1 Performance Review of ResoonsiJle PartY. While DOC acknowledges the employer/employee relationship between Agency and Agency personnel, DOC reserves its right to periodically review the performance of Agency personnel in hislher performance as Responsble Party. An unfavorable review of performance by Agency's personnel might result in Agency's personnel attendance at additional training, removal of specific A(Jency personnel as Responsble Party, or an amendment to the Project Description removing Agency's ability to have Agency personnel designaled as the Responsible Party. 4.1.2 ReDlacement of Aaencv Personnel. Agency understands and agrees that Agency shall not replace its personnel, who are designated Responsble Party on a project, without first obtaining written approval from DOC, Replacement personnel must comply with the conditions of Section 4.5. 4.2 Technical Direction. Agency shall provide qualified personnel who will train Inmates, assign tasks, direct and assess work progress, 4.3 Meals. Clothlna. Tools. EauiDment and SuoDI~. DOC shall be responsible for providing Inmates' meals. DOC shall furnish Inmates with clothing which Is appropriate to the season. Unless otherwise agreed, Agency shall provide special purpose clothing, including but not limited to safety and protective wear, Agency shall provide tools, aqu"ment and Work Project supplies, except as set forth in a Project Description. PIIQO 3. INMATE WORK PROORAM AOREEMEI'lT ..Public. Orogon Public BodkJe oIhor lhM Slalo AgcnckJe) 'HO April 19. 2006 82 ., 4.4 Transoortation, DOC shall transport Inmates to and from the Work Project site 8lCept as set forth in a Project D9SCr~tion. Inmates shall not be transported in privately owned vehicles. 4.5 Trainina Drovided bv DOC. Agency personnel who direct Inmate activities or work directly with Inmates are eligible for DOC training. DOC shall provide training to eligible personnel with respect to security. supervision of Inmates, prohibited conduct, disciplinary reporting and other subjects as determined by DOC. AIJency personnel who are designated as Responsible Party on a Work Crew must attend DOC training. 4.6 Trainina Drovided bv Aaencv. Qualified Agency personnel shall provide Work Project training to Inmates. Training shall provide each Inmate with information to develop the skills necessary to carry out assigned tasks in a safe, efficient and progressively improved manner, Training must include a segment on the precautions and safety practices associated with the operation, handling and use of tools, equ~ment and machinery. Agency shall provide training materials to the Work Program Manager for prior approval. Agency agrees to keep individual training attendance records and provide such records to the Work Program Manager upon request. Inmates are not allowed to operate power equipment before they receive proper training in equ~ment operation and approval has been given by the appropriate Institution Safety OffICer, 4.7 Inmate ComDliance with Aaencv Rules. Inmates will be required to abide by Agency's rules and regulations which have been made known to them. Any Agency offICer, employee, or agent who observes Inmate misconduct or activity which might give rise to misconduct shall immediately notify the CusDiial Personnel. The Custodial Personnel shall resolve questions that arise regarding an Inmate's compliance with Agency's rule or regulation. In the event of a conflict between DOC's rules and regulations and Agency's rules and regulations, DOC's rules and regulations shall prevail, 4.8 Review of Work Proiects. The Work Program Manager and the Work Supervisor will confer on a periodic basis to assess Work Project progress, Work Project site security and overall performance satisfaction. The Work Program Manager may periodically visit a Work Project site to evaluate work activities and work progress in relation to established objectives and goals. 6. HEALTH AND WORK SITE SAFETY. 5,1 Aaency's ComDliance. Agency shall meet all federal, state and local laws, ordinances, and standards for work and Work Project site health and safety. Minimally, a Work Project site shall meet the standards established by the Oregon Occupational Safety and Health Act (OSHA), The appropriate Institution Safety OffICer or other representative may visit a Work Project site to evaluate the Work Project site andlor Work Crew activities for compliance with health and safety standards. 5.2 DOC's Riaht to StoD Work, DOC reserves the right, at its sole and absolute discretion and without prior notice, to stop work and withdraw a Work Crew from a Work Project site whenever DOC determines that the Work Project site or working conditions are unsafe. In this event, DOC shall provide Agency a written notice that describes the unsafe condition within 2 days of such work stoppage. Agency shall provide DOC a prompt written response detailing the steps Agency intends to take to remedy the unsafe condition within 3 days of delivery of such notice. DOC shall review Agency's written response and may: (I) accept the plan and resume work under this Agreement upon correction of the unsafe condition(s) in accordance with such plan, (ii) suggest modifications to Agency's plan, whereupon Agency shall resume work under this Agreement upon correction of the unsafe condition(s) in accordance with the modified plan of Agency, or (UO terminate the Agreement. 5.3 Resoonsibilitv for Costs Related to Inmate Iniurv or illness. The Oregon legislative Assembly established an Inmate injury fund, administered by the Oregon Department of Administrative Services, Risk Management Division, pursuant to ORS 655,505 through 655.550, for the purpose of providing compensatJon to Inmates who sustain work related illness. injury or disability during the performance of paid work assignments. Subject to Section 5.4 and Pago 4. INMATE WORK PROGRAM AOREEMENT --Public. Orogon Pub4ic: Borllo8 oIhef than Slato Agoncloll) '440 April 19,2006 83 subject to the normal conditions and limits established by its policy on medical care for Inmates, DOC shall be responsble for the cost of medical care and treatment for participating Inmates. 5.4 Aaency Liab~itv. Agency shall be responsble for reimbursing DOC for the cost of medical care and treatment for Inmates who sustain work related injuries, disabilities or illnesses that arises from Agency's negligent, illegal or intentional activities or activities prohbited by this Agreement. 6. INDEMNIFICATION; INSURANCE. Agency shall perform the service under this Agreement as an independent contractor. Each party shall be responsble 8)CClusively with respect to their employees, for providing for employment-related benefits and deductions that are required by law, including but limited to federal and state income tax deductions, workers' compensation coverage, and contri>utions to the Public Employees Retirement System. Each party shall be responsble, to the extent required by the Oregon Tort Claims Act, ORS 30260-30.300, only for the acts, omissions or negligence of its own officers, employees or agents. 7. REPRESENTATIONS AND WARRANTIES. Agency represents and warrants to DOC that it has full power and authority to execute, deliver and perform this Agreement. All action on the part of Agency necessary for the authorization, execution, delivery and performance of this Agreement has been duly taken, 8. COMPLIANCE WITH APPLICABLE LAW. Agency shall comply with all federal, state and local laws and ordinances applicable to the work performed under this Agreement, including, without limitation, the provisions of ORS 279.312, 279,314,279.316, 279.320 and 279.555. Without limiting the generality of the foregoing, Agency expressly agrees to comply with: (I) Title VI of the Civi Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659,425; (iv) all regulations and administrative rules established pursuant to the above laws; and (v) all other applicable requirements of federal and state statutes, rules and regulations, 9. FORCE MAJEURE. Neither party shall be held responsble for any delay or default caused by fire, civil commotion, war, act of God, or any other condition or event which is beyond its reasonable control. 10. TERMINATION. This Agreement, which is entered into in good faith by both parties, may be terminated immediately by DOC (i) for violation or breach of any provision of this Agreement or (ii) in the event the Oregon Legislative Assembly fails to approve funding, In the event of termination descri>ed in (ii) above, DOC shall provide written notice to Agency as soon as possible, but any such termination shall not affect the obligations of DOC that accrued prior to the date of such notice and for which funding is lawfully available, In addition to the above, this Agreement may be terminated by either party, with or without cause, upon thirty (30) days written notice to the other party, 11. ADMINISTRATION; NOTICES. 11.1 Authorized Reoresentative. Unless otherwise specified in the Agreement, DOC designates Debra Slater, Measure 17 Administrator, as its Authorized Representative in the administration of the Agreement and Agency designates Matt Gwynn as its Authorized Representative. Pago 6. INMATE WORK PROORAM AGREEMENT --Public. Orogon Public Bodloll oIt1or lt1N1 Slale Agoncloll) 'HO April 19,2006 84 .~ 11.2 Notices. 8ccept as otherwise provided in this Agreement. any communications between the parties or notk:es to be given under this Agreement shall be given in writing by personal delivery. facsim~e transmission. or mailing the same, postage prepaid. to a party's Representative as follows: (DOC) Department of Corrections 2575 Center St. NE Salem, OR 97301-4667 Ph: (503) 945-9232 Fax: (503) 945-9025 (Agency) City of Woodburn Attention: Matt Gwynn 270 Montgomery St. Woodburn, OR 97071 Ph: (503)980-2424 Fax: (503) 981-7206 or to such other address or number as either party may hereafter indicate pursuant to this Section 11.2. Any communication or notice so addressed and mailed shall be deemed to be given 5 days after mailing, Any communication or notice otherwise delivered shall be deemed to be given when receipt is acknowledged if faxed, or upon delivery. 12. WAIVER; AMENDMENT. No delay or omission to exercise any right, power or remedy accruing to DOC upon any breach or default of Agency under this Agreement shall impair any such right, power or remedy of DOC. Any waiver on the part of DOC of any breach or default under this Agreement must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies. either under this Agreement or by law or otherwise afforded to DOC, shall be cumulative and not alternative. Neither this Agreement nor any provision hereof may be amended, waived, discharged or terminated orally. but only by an instrument in writing, signed by the party against whom enforcement of the amendment. waiver, discharge or termination is sought. 13. INDEPENDENT CONTRACTOR. DOC and Agency are, as to each other, independent contractors, This Agreement is not intended to, and shall not be construed to, create a partnership, joint venture or master-servant relationship between DOC and Agency, nor does the Agreement give either party the power to act as a partner, joint venturer or agent on behalf of the other, Nothing in this Agreement shall be construed to create a master-servant, principal-agent, or employer-employee relationsh~ between Agency and Inmate workers or DOC and Inmates workers, 14. NO THIRD PARTY BENEFICIARIES. DOC and Agency are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, Is intended to give, or shall be construed to give or provide any benefit or right, whether directly, indirectly or otherwise, to third persons unless such third persons are individually identified by name herein and expressly descri>ed as intended beneficiaries of the terms of this Agreement. 16. SUCCESSORS AND ASSIONS. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of each of the parties. except that Agency shall not have the right to assign or transfer any of its rights or Interest herein. and any such attempted aseignment or transfer shall be null and void. PIIQO 8. INMATE WORK PROGRAM AGREEMENT ..Public - Orogon Public Bodi08 oIhof Ihan Slalo Agonci08) 'HO Apr1l19,2008 85 ~ 16. INTEGRATION. This Agreement, Project Descriptions and other attachments contain the entire agreement between the parties on the subject matter hereof, and no statements made by any party hereto, or agent thereof, not contained herein shall be valid or binding, 11. GOVERNING LAW; VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon. Ally claim. suit, proceeding or action between the State of Oregon, DOC or any other agency or department of the State of Oregon, and Agency, for any cause whatsoever arising out of this Agreement, and regardless whether the relief sought is legal or equitable, shall be brought only in the Circuit Court for Marion County in Salem, Oregon; provided, however, that if the claim must be brought in a federal forum, it shall be brought and conducted solely and 9)tClusNefy within the United States District Court for the District of Oregon. 18. IMPLEMENTATION AND DURATION. This Agreement shall become effective on the date of signature approval of the final party to the Agreement and shall remain in effect through April 30, 2008, unless extended or earlier terminated in accordance with the terms of the Agreement. IN WITNESS WHEREOF, the parties have. by their duly authorized representatives, executed this Agreement as of the date herein above written, STATE OF OREGON, acting by and through the DEPARTMENT OF CORRECTIONS By: Stan Czerniak, Assist ant Director Date: CITY OF WOOOBURN By: Name: John C, Brown Title: City ,A,dministrator Date: Paqe 7. INMATE WORK PROGRAM AGREEMENT ..Publlc . Orogoo Public Bodioll oehor ltw1 Stalo Agondo!I)'4 40 April 19. 2008 86 ~ (' -'\ I -:;:'~"'~~""~ ~. WOODBURN . , If.- V r" j) , ~J I (li I 8 8 <J ~dknvllE . April 19, 2006 TO: Mayor and City Council through City Administrator FROM: Randy Scott, Senior Engineering Technician, through the pu~ S Works Director . c eJV.- ~ SUBJECT: Contract Award for Street Resurfacing Improvements RECOMMENDATION: Award the construction contract to the lowest responsible bidder, Morse Bros. Inc. for resurfacing Improvements to various streets in the amount of $274,999.35. BACKGROUND: The contract is in conjunction with Project No. 2006-003-21, Bid No. 2005-17 for resurfacing of Rainier Road, Thompson Road, Vanderbeck Lane, Cahill Way, Broughton Way, Dellmoor Way, Hampton Way and Ecola Way. The project consists street surface repairs for areas of failure and placement of 1 Y2" asphaltic concrete wearing surface. Staff received nine qualified bids as listed below 1. 2. 3. 4. 5. 6. 7. 8. 9. Morse Bros. Inc. Parker Northwest Paving Eagle-Elsner D & D Paving Salem Road & Driveway North Santiam Paving Roy L Houck Brix Paving Hoss Paving $274,999.35 $299,544.80 $314,991.10 $315,176.05 $322,932.05 $325,559.95 $333,333.33 $364,575.71 $371,559.20 The low bidder is approximately 14% below the engineers estimate. therefore staff is recommending the contract be awarded. Agenda Item Review: City Administrato _ Engineers Estimate $320,311.80 ,/ Finance i.f..1LJ1 City A Horne 87 Mayor and City Council April 1 9, 2006 Page 2 . . DISCUSSION: All of the above resurfacing projects are identified in the 05/06 fiscal year Capital Improvement Program of the City. That portion of the project that is completed after June 30,2006 will be paid from next years budget. The funding source is well defined and no problem is expected. FINANCIAL IMPACT: The project will be funded using approved resurfacing/maintenance budgeted Street Fund (140) and City Gas Tax Fund (169). 88 '!' ,---\ :\ /--;."~~V't~~ ~ WQ.ODBURN (n,,1'f'Oru(.(J fa811 IlF ~~ . . April 24, 2006 FROM: Honorable Mayor and City Counc~.I.d John C. Brown, City Administrat~ TO: SUBJECT: Water Service at 280 S. Pacific Highway RECOMMENDATION: It is recommended the City Council: 1) Authorize disconnection of water service to 280 S Pacific Highway; and 2) Adopt the policy that water services outside city limits, will be terminated upon a change of ownership or use, or lapse in use of greater than six months. BACKGROUND: Due to historical development, the City provides wastewater and/or water service to a limited number of properties outside city boundaries. There are currently 17 such properties receiving only water service. Of those, nine (9) are residential users, mainly located just east of Pacific Highway. The remaining eight (8) are all commercial properties, located directly on Pacific Highway. 280 S. Pacific Highway is located outside, but immediately adjacent to, city limits. The property is shown on the attached drawing. It was formerly the site of the Miles Chevrolet dealership, and was subsequently a manufactured home dealership. Except for a nightclub that opened and then closed when the current owner purchased the property in 2002, no commercial activity has been conducted on the site since the manufactured home dealership closed. The property is served by a 3,1.. inch meter (standard residential size) connection. This provided water to the showroom restrooms, but is not sufficient for fire-flow. The property was served by a septic system, which was sized in proportion to residential water use. Although water use at the property has been minimal, or none, the account remains active and minimum meter charges have been made. Water use occurred in 2005 due to a developing leak, which became Agenda Item Review: City Administrato City Attorney Finance 89 Honorable Mayor and City Council April 24, 2006 Page 2 . . significant in December 2005 and for which a leak adjustment was processed in February 2006. There has been no water use since the leak was repaired. A search of city documents uncovered no record of any historical "will-serve" agreements for the property, and no agreement exists between the City and the current owner to provide water service to the property. DISCUSSION: The owner contacted the City recently, asking that additional water be made available to the property for fire-flow. The owner indicated he intends to use the property as an activity center where parties and similar events can be held. The owner was advised that city policy required the property to annex before additional service would be provided. Staff also advised him that city sewer service would also be required, as the on-site septic system is presumably inadequate for the use, and contrary to the City's wastewater ordinance. The owner contacted the City through an attorney, to indicate he will not annex to the City and to demand the additional water. The City Attorney reiterated the City's position to the attorney, and legal authority for that position. It is City Council policy not to serve new customers located outside city limits without an annexation agreement. Staff has applied this policy to service upgrades; no upgrade will be made to services currently outside city limits unless the property is annexed. The City Attorney has determined, and long- established case law supports, any utility service provided outside of city limits is at the discretion of the Council, regardless of previous service or length of time that service existed. Concerns arose almost immediately when the nightclub use opened on this property, none of which were within the City's jurisdiction to address because it is outside city limits. Among these were development code, law enforcement, and wastewater disposal concerns. Although the owner now indicates a different proposed use, there is still strong reason for the City to have regulatory jurisdiction over the property. Some of these concerns may still be relevant, as are issues related to demand on the water system and application of sufficient systems development charges. Annexation provides that jurisdiction. There has been no significant use made of, or water use at, the property since 2002. Staff advises that in this situation, the service has been functionally abandoned, Accordingly, and to strengthen the City's position with respect to 90 "!' Honorable Mayor and City Council April 24, 2006 Page 3 . . annexation as a condition to providing additional services, it is recommended the water service at 280 S. Pacific Highway should be disconnected at this time. In addition to the foregoing approval, staff seeks broader policy direction from the Council for dealing with properties outside city limits that have historically been provided water service. Staff proposes to terminate water service at those locations upon a change of ownership or use, or lapse of use for a six-month period. FINANCIAL IMPACT: There is currently no calculable financial impact associated with the recommended action. 91 ''I' .. 't6 . ..-r-"------: f r I { "" .". i I (II I ' 't. I ( ;' ( ; / ."; ; / I .' , .,. / ,; / ! / "1,:/'" , ,',I l'j,'}:/ t ; ,t I It, I.. i :" " I 1< "; '-, OJ o c z o J:>' ~ ,,, ~. -.. ........... ~ ~ . '. · 7~\; ~E~ ~ a .0 . -.......: I~~ .~ ............. "i ,d'" d 0)'\\ . ..../.- -, r......", '/r ! ".~O ':;".. \ii > , 1')00 ~. l. .' ',,, 39 . \400 140 --- \ 4:)(: \4:)) --------- \ ~3~' \ 460 \ 46 ' 04/24/2005 :4:21 5035818'373 DAVID A RHOTEN LAW PAGE 02 DA VID A. RHOTEN lAWYER LAWRENCE W. ^I'IDJU';WS .JEF"'~F.Y M. STRICKLA:"lD ASSOClATES April 24, 2006 2)0 ORDGON DUlLDlNG 4"4 ~T^ TF. ~TRI;IiT SALl!M, OR."GON mOI-Jr,~ (~nJ) ,S 1-1~~2 FAC91Mll" (~OJ) ~R I-R97J VIA FAX ONLY 1.503.982-5243 Honorable Mayor and City COWlcil City of Woodburn 270 Montgomery Street Woodburn, OR 97071 rBJ i i)\ U-U~-o/jj~ RE: Water Sen"ice at 280 South Pacific Highway (April 24, 2006 Council Agenda Item llF) Our Client/Owner : Rodriguez Family To: Hon. Mayor and City Council This office represents the Rodrigue7. family, owners of the property located at 280 South Pacific Highway, Woodbum~ Oregon which is the subject of the City Administrator's Staff Report at tonight's meeting (Agenda Item 11 F). Please consider this a request that this matter be pulled from the Agenda, deferred to permit further discussion bcWleen the City staff and the Rodriguez family represented by this office. Unfortunately, associate lawyer Jeff Strickland, here at this office, experienced hospital emergency room medical attention last night and is unable to appear to personally make this request. It is my understanding that the parties are considering the possibility of a voluntary annexation to insure facilitating adequate water service, ct al to he provided to the subject property. The City~ s tennination of water service in the interim would be most detrimental. Members of the Rodriguez family will be in attendance at tonight's Council meeting; they may wish to speak in support of deferring Council action to allow further discussion, as the agenda allows "comments from the public". Thank you in advance for your courtesies. W smcere:y, ~ ~A~ . DAR;Jph Cc John C. Brown, City Administrator Cc N, Robert Shields, City Attorney " I~' . A-- Mv.:" ~.~~.,......,. ~lr!.tiiii ~.'.....4 ..... . ~ WQ.ODBVRN fwcorpcrdllJ 188~ .lJ/A~_~~ IlG r~r~ . . April 19, 2006 TO: Mayor and City Council through City Administrator FROM: Scott D. Russell, Chief of Police SUBJECT: Liquor License - Change of Ownership RECOMMENDATION: The Woodburn City Council recommend that the Oregon Liquor Control Commission approve a liquor license application for Top of the Tee Restaurant. BACKGROUND: Owners/Managers: Kenneth & Colleen Stogsdill 698 Knights Bridge Rd. Canby, OR 97013 Carol Feely 968 Knights Bridge Rd. Canby, OR 97013 Applicant Name: Top-O-HiII Restaurant, Inc. DBA/ Top of the Tee Restaurant 1776 Country Club Rd. Woodburn, Or. 97071 Ph: 503-982-8725 License Type: Limited On-Premises- Permits beer, wine and cider sales for on- premises consumption only. Agenda Item Review: City Administrator City Attorney Finance f'(I , , I 93 l' Mayor and City Council April 19, 2006 Page 2 . . On April 14, 2006, the Woodburn Police Department received an application requesting approval for a Change of Ownership/Limited On-Premise license for Top of the Tee Restaurant located at the Senior Estates Clubhouse. Top of the Tee Restaurant will operate from 8:00 am until 8:00 pm daily, except for Sunday when they will close at 3:00PM; the business will be open 7 days a week. The restaurant will be selling beer and wine for on-premise consumption with food only. 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 nature. An in- depth investigation was completed on the owners and no offenses that would preclude a license being issued or items of a questionable nature were located. 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 94 l' APR 1 4 2006 ~ 1'5 ~ bb- S'l~ 8 1~~ANyCOEFq~PARTMENT UtJ;1-l d0008URN PLEASE PRINT 0 r ti 's b . 0 LICENSE TY~ Q Full On-Premises Sales ($402.60/yr) o Commercial Establishment o Caterer o Passenger Carrier ~ther Public location Private Club Limited On-Premises Sales ($202.60/yr) A5 Off-Premises Sales ($100/yr) o with Fuel Pumps Q Brewery Public House ($252.60) a Winery ($250/yr) o Other. AVTIONS e' Change Ownership Q New Outlet Q Greater Privilege o Additional Privilege Q Other FOR CITY AND COUNTY USE ONLY The city council or county commission: (name of city or county) recommends that this license be: Granted a Denied a By: (signature) Name: (date) Title: 1. Applicant(s): [See SECTION 1 of the Guide] \ Q~ -0- ~'<Cl\Yie+\\. 5fD3S~'d @ ~ Co 1\ Cc~ 51 u~$ (Q~ \\ @ 2.TradeNa~e(dba): TOp 0+ ~ T~C AL.skt'vi../c}"V\-t' 3. Business location: , I 7 G G'J v. ~-1 -f,--- ':J C I vI. ~ r< &.. \.J) oc9 bv..rn. ~ lXr'l 0 VI ,0 K q"l 0 ( I (number, street, rural route) - (city) (county) (te) . (ZIP code) 4. Business Mailing Address: P. O. u q b a (l b. 0 Q70 I (PO box, number, street, rural route) ( (state) (ZIP code) So) - q <i<:2. - 8'7 -;) S So .'5- ~ (,3- g q 5~ (phone) (fax) 6. Is the business at this location currently licensed by OlCC? Jives -'tx(No OlCC ~E ON~Y. App~Rec'~ by: '(~"~ ~ Date:-1-.\ &..\. \ olo L 9O-day authority: 0 Yes 0 No ;\o..~C\\J\: ~~. rU~ Apolying as: Q Individuals a Limited Partnership ~orporation o Limited Liability Company 5. Busihess Numbers: Type of Ucense: I A ~ "L /1 I o/) s... ..5j;1Q 'JZ $ 8. Former Business Name: .~.fC. ') 0 I-\. 'f J-'\..L. 'c (' U', ~<L S "7 ... Cb{~. 4- ~ntlL--yk S'fo sQ~\1 (manager must fill out an individual hlsto form) 10. What is the local governing body where your business is located? M 0.. r; D ~ (R~e of city or county) '1 { I 11. Contact person for this application: l(z VI {'l L -r k ,5-+-v.9 S l:J- \ ,\ 50,) - ~ 10 1:7 - b C, 3"3 /) () ~ (name)(phone n ber(s) n l " . O. vu lib (AY1!J Q10\ ') 503-1GJ - QS +0 0+ ~ ~ c~ 100. (Of (address) (fax numberY (e-mail address)' c./ I understand that if my answers are not true and complete, the OlCe may deny my license application. Applica (s) Slgnature(s and Date: 7. 7. If yes to whom: 9. Wi1J you have a manager? tilVes DNo Name: Da~e j I kt /; s @ (Pll~ ().. ! I Date i !-l/-o ') @ ,--{ ~/ l/ Date /I.- 'I 'vr:; Date /. (16 - I 6 s 6 '1- (}-O6 .e /3~ 2-- 1-800-452-0LCC (6522) www.olcc.state.or.us 95 r\ .^- K~~~. '. .4,; . ~ WQ.ODBVRN fnc~rpord/~J 188~ liB ~~ . . April 19, 2006 TO: FROM: Honorable Mayor and City Council N. Robert Shields, City AttorneyNLj SUBJECT: Participation in Model Sign Ordinance Committee RECOMMENDATION: Approve City Attorney participation. BACKGROUND AND DISCUSSION: Mark Rauch of City County Insurance Services recently requested that I join a committee of city attorneys who will attempt to draft model sign code provisions. This group will meet over the next several months and Mark does not believe that the project will occupy a tremendous amount of time. Mark thinks that the task is important because of the myriad of legal issues in Oregon related to sign regulations. As you are aware, the Oregon Supreme Court recently decided the Outdoor Media case and held that the state law restricting off-premises signs was unconstitutional. Prior to this, the Ninth Circuit Court of Appeals issued its opinion in GK Travel v. City of Lake Oswego. The Ninth Circuit held that provisions in the Lake Oswego sign code prohibiting pole signs and requiring certain pre-existing signs to conform to the code by a specified date were constitutional. In addition to Mark Rauch, other members of the committee will be the city attorneys of Beaverton, Lake Oswego, Salem, McMinnville, and Silverton. I believe that this would a productive use of my time and would benefit the City. However, I did not want to agree to participate without first informing the Council. FINANCIAL IMPACT: There is no financial report. Agenda Item Review: City Administrato City Attorney 96 l' .../:.:::>~(;r~.dol "'~fnt-\~,~~"" WQ.Q:Q~u~N 13A / 1/ ; ~ ~ Jl :' r ,I t t rI I ," S 'I A~'~ . . April 24, 2006 TO: Honorable Mayor and City Council through City Administrator FROM: Naomi Zwerdling, Interim Community Development Director ~.~. SUBJECT: Planning Commission's Approval of Design Review 05-13 located at 1539 Mt. Hood 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 April 13, 2006, the Planning Commission adopted a final order approving the applicant's request for Design Review approval to construct an 11,633 square foot multi-tenant commercial building at 1539 Mt. Hood Avenue in the Commercial General (CG) zone. The subject site is one acre in area and can be identified as Parcel 1 of Partition Case File No. 04-05. The property can be further identified as Tax lot No. 3801 on Marion County Assessor Map T5S, R 1 W, Section 8A. The site is currently vacant. The applicant proposes to develop the site with an 11,633 square foot multi- tenant commercial structure incorporating 4,244 square feet of restaurant space and 7,389 square feet of retail space, site landscaping, and off street parking and loading facilities. The subject property is zoned Commercial General (CG) and designated Commercial on the Comprehensive Plan Map. Abutting properties to the north, south, east and west are zoned CG and designated Commercial on the Comprehensive Plan Map. The properties to the north and south are developed with a commercial equipment rental business and Washington Mutual Bank respectively. The properties to the east are the location of the Mid-Valley Plaza shopping center. The property to the west is the location of the Wellspring Medical Center. Agenda Item Review: City Administrator _ City A ttorne _ Finance( !J1 97 '" Honorable Mayor and City Council April 24, 2006 Page 2 . . Previous land use decisions exist on the subject site. In July of 1988, the Community Development Director approved the partition of the parent parcel of the subject property into two parcels (Partition Case File No. 88-00). On July 28, 1988 the Woodburn Planning Commission approved an 11,000 square foot commercial building on the parcel located to the north of the existing bank (Site Plan Review Case File No. 88-08). The partition of the subject property was never recorded and the commercial building was not constructed. On November 17, 2004 the Woodburn Community Development Director approved Partition Case File No. 04-05 to divide Lot #3 of Walilale Home Tracts into 2 parcels. The current development is proposed on Parcell of Partition Case File No. 04-05. The applicant is Hayes Architecture and the property owner is Northwest Real Estate Services. DISCUSSION: None. FI NANCIAL IMP ACT: There is no financial impact associated with the recommended action. 98 " ATTACHMENT A IN THE PLANNING COMMISSION OF WOODBURN, OREGON LEGISLATIVE AMENDMENT 06-01 ) ) ) FINAL ORDER WHEREAS, a proposal was initiated by the Woodburn City Council to create the Mill Creek Greenway Master Plan, and; WHEREAS, the Planning Commission reviewed the matter at their meeting of March 9, 2006, and; WHEREAS, the Planning Commission considered the written and oral testimony presented by staff, the applicant, and other interested persons, and; WHEREAS, the Planning Commission closed the hearing, and; WHEREAS, the Planning Commission moved to recommend that the City Council approve the Mill Creek Greenway Master Plan and instructed staff to prepare a final order to substantiate the Commission's decision. NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COMMISSION: The Planning Commission hereby recommends that the City Council adopt the Mill Creek Greenway Master Plan as contained in Exhibit "A", based on the findings contained in Exhibit "B", which are attached hereto and by reference incorporated herein. Approved: ~kdb s;i\ Claudio Lima, Chairperson 3/2-3/36 Date T TABLE OF CONTENTS MILL CREEK GREENWAY MASTER PLAN DRAFT Page 2 Executive Summary Background & Context Page 3 Related Plans Page 5 Community Profile Page 6 Greenway Task Force Page 7 Community Survey Page 8 Resource Inventory Charette/workshop System-wide Recommendations Page 9 Planning Units Page 14 Plan Details Page 16 Project Funding Page 18 Capital Improvements Page 20 Appendix ~J..~L. CREEK GREENWAY MASTER PLAN DRAFT - OcTOBER 20, 2005 GREENWAY TASK FORCE PAGE 3 when the voters approved a special tax to support recreation programs and park facilities and approval of a bond election to construct the City's outdoor pool at Settlemier Park. In 1993 following the "Spring Break Quake", the voters again approved a measure to construct the Woodburn Memorial Aquatic Center. This facility replaced the pool damaged by the earthquake. In 2004, Woodburn's park and recreation facilities include more than 125 acres and 10 parks. Park facilities include sports fields, picnic grounds, playgrounds, historic areas, concert grounds, landscaped grounds, community buildings, open space, natural areas, greenways and the Woodburn Memorial Aquatic Center. Beginning in the 1960's the City began acquiring and setting aside property along Mill Creek to form a vision for the Mill Creek Greenway. The main stem of the Mill Creek corridor flows from the southern to the northern City limits. It flows primarily through residential neighborhoods between Hwy. 99E and the Union Pacific mainline to Legion Park where it flows under Hwy. 214, the UP mainline and Front Street. From Woodburn Higlt School, the stream flows to the northern City limits parallel to Front Street. Significant tributaries include the southwest tributary that flows from its headwaters near Centennial Park through Settlemier Park, meeting the main stem of Mill Creek near Cleveland Street. Goose Creek flows from the French Prairie MiddlelLincoln Elementary School campus east and meets the Mill Creek's main stem at Woodburn High School. 3. Related Plans 1999 Parks and Recreation Comprehensive Plan Update In 1999, the Woodburn City Council updated the City's Parks and Recreation Comprehensive Plan. This plan identifies the existing floodplain along Mill Creek and Goose Creek for greenways to be preserved as a natural greenway and transportation corridor. The Plan sets forth two policies that guide the acquisition, development and management of the Mill Creek Greenway Master Plan. These policies include: Policy 5 "It is the policy of the City to manage Mill Creek, Goose Creek and Senecal Creek corridors as public greenways and pathways; multiple functions will include open space and habitat preservation, flood control, cycling and walking on all- weather pathways, nature recreation and education and limited playground activities where there is a deficiency of neighborhood parks." Policy 6 ''To provide for a continuous public greenway and pathway system, it is the policy of the City to acquire privately-owned segments along Mill Creek. Goose Creek and Senecal Creek, and other stream corridors including the west tributary from Settlemier Park to Parr Road. It is the policy of the City to seek dedication of floodplains and creek corridors for natural areas, neighborhood recreation areas, open space and . " transportatlon. MILL CREEK GREENWAY MASTER PLAN DRAFT ~ OCTOBER 20, 2005 GREENWAY TASK FORCE PAGE 4 Facility Types & Standards The 1999 Parks and Recreation Comprehensive Plan Update also defines Facility Types and Standards. Use and Characteristics for the Greenways/Open Space, TrailsfPathways are stated as follows: "Linear park or natural open space areas which may include limited recreation facilities such a trails, all weather pathways or boardwalks, small playgrounds, etc.; may use streams, floodplains, or other natural features to connect parks and open space areas to form a contiguous system. May also include undeveloped park properties planned for future development as neighborhood parks, municipal parks or other parks and recreation facilities." Park Master Plans Legion Park Summer of 2005, the Recreation and Parks Board completed the Draft Legion Park Master Plan. This Plan notes the significance of the Mill Creek corridor as it forms the Park's western boundary. The Master Plan calls for trails and interpretive facilities that connect creek side trails to core facilities within Legion Park. The Plan also notes the significance of the paleoarchaeological exploration within the Mill Creek corridor and calls for a thematic playground and an interpretive center. Settlemier Park Summer of 2003, the Recreation and Parks Board completed the Draft Settlemier Park Master Plan. Within Settlemier Park, the southwestern tributary to Mill Creek has been placed within a culvert. The Master Plan proposes a pathway along the creek route associated with stonn water swales. This path will connect with the trail system within the park that links park features such as picnic areas, Richard Jennings Skate Park, ball field, Woodburn Memorial Aquatic Center and the playground. Transportation System Plan The City's Transportation System Plan (TSP) includes a comprehensive analysis of non-motorized transportation routes in Woodburn. This plan inventories all current and outlines proposed bicycle and non-motorized transportation routes in Woodburn. In addition to the 1999 Parks and Recreation Comprehensive Plan Update, the TSP calls for utilization of the Mill Creek corridor and tributaries for non-motorized transportation. State Comprehensive Outdoor Recreation Plan In January 2003, the Oregon Parks and Recreation Department adopted the 2003-07 Statewide Comprehensive Outdoor Recreation Plan (SCORP). The SCORP establishes a framework for statewide outdoor recreation planning and provides a guide for the administration of grant funding including the Land and Water Conservation Fund, Local Government Grant Program and Recreation Trails Program. Additionally, the SCORP provides guidance to federal, state and local government as well as the private sector in delivering quality and integrated outdoor recreation opportunities to Oregonians and out-of-state visitors. The Plan sets as a goal providing "quality trail facilities and opportunities, including inter-connective opportunities where r"uLL CREEK GREENWAY MASTER PLAN DRAFf - OCTOBER 20, 2005 GREENWAY TASK FORCE PAGE 5 appropriate, to satisfy a growing number of diverse trail users throughout the state." Furthennore, the plan identified walking as the number one preferred recreational activity by Oregonians. Marion County Transportation Plan The Marion County Transportation Plan includes a trail route along Mill Creek that would connect Woodburn with the City of Gervais to the south and Hubbard and Aurora to the north. This trail would continue Woodburn's Mill Creek Greenway system to the Pudding River, just north of Aurora. Ice A~e Floods Geolo2ic Trail In July of 2001, the National Park Service completed a plan that proposes a geological motor route that interprets cataclysmic events at the end of the last glacial period that inundated the Willamette Valley under hundreds of feet of water. This plan proposes a series of interpretive facilities extending from western Montana and the Idaho Panhandle, through the eastern Washington Scab lands to the Columbia River Gorge to the Pacific Ocean. The motor route would include routes in the Willamette Valley. In fact, one motor route uses Hwy. 214 that crosses Mill Creek near Legion Park. The Plan directs the National Park Service to work with local communities to locate an interpretive facility in the Willamette Valley. Many experts in the scientific community have suggested that W oodbum and specifically Legion Park, would be an ideal location for such a center. Recommended Inte2ration This Mill Creek Greenway Master Plan proposes specific improvements, acquisitions and management practices for the resource. Several complementary documents as outlined previously, provide more general direction regarding the development and use of the Greenway, the flow of non- motorized and motorized traffic and specific development of park facilities (specifically community parks). This plan seeks to harmoniously integrate trails within the comprehensive systems proposed in these plans and recommends changes to those plans that will improve the management and usability of the resource for the multiple purposes outlined in each plan. 4. Community Profile Geo2raphic Location Woodburn is located in Marion County within the north Willamette Valley 17 miles north of Salem and 30 miles south of Portland. The City's topography is relatively flat, making it an ideal place for bicycling and walking. Population Woodburn's population is growing. The U.S. Census Bureau reports that the City experienced a 14.4 percent growth rate in the 1990's. This growth has continued into the new decade. From 2000 to July 1,2003, the City's population has increased from 20,100 to 21,747 or nearly 8.2 percent in less than three years. The official estimate for residential population in the MILL CREEK GREENWAY MASTER PLAN DRAFT - OCTOBER 20, 2005 GREENWAY TASK FORCE PAGE 6 year 2020 is 34,919 or a projected growth rate of 3.7 percent per year. Demo2raphics Woodburn's population is ethnically diverse. The 2000 U.S. Census estimated that 50.1 percent of Woodburn's residents are Hispanic, making Woodburn the largest city in Oregon with a non-white majority. This compares to 20 percent within Marion County and nine percent statewide. Additionally, about 15 percent of Woodburn's residents are of Russian heritage. Woodburn's population is diverse by age. Thirty four percent of Woodburn residents are under age nineteen (statewide average is 25%) and 1 7 percent are over 65 (statewide average is 12.8%) - giving Woodburn a "leisure class" majority. These two age groups have significant implications for planning recreation facilities since they typically have more leisure time than other age groups. Economic Woodburn's economy includes a variety of businesses and employers. The primary employers include retailing, food processing, manufactured house construction and agriculture crop production. The Oregon Department of Revenue reports that in 2003, the City's Average Adjusted Gross income was $31,335. This is 76 percent of the State average and ranks Woodburn 73rd among 80 cities compared. The seven lower cities all have a population less than 4,000. Park System The City provides a well-rounded park system that includes a variety of parks. Located within or near the greenway are three community parks and a historic railroad park. Five parks are entirely located within the greenway. Additionally, the City's park system includes three neighborhood parks, five mini-parks, and the Woodburn Memorial Aquatic Center. Recreation Pro1!l'ams The W oodbum Parks and Recreation Department offers a variety of recreation programs and leisure services. This includes aquatics, youth and adult sports, after school programs for grades K - 12, arts & crafts, performing arts, family development and fitness. 5. Greenway Task Force Winter of 2004, Mayor Kathy Figley established the Greenway Task Force to assist with drafting the Greenway Master Plan. Member/or23nizations The Task Force includes . Randy Westrick - Recreation and Parks Director ..1ILL CREEK GREENWAY MASTER PLAN DRAFT - OcTOBER 20, 2005 GREENWAY TASK FORCE PAGE 7 . Alexandra Stone - National Park Service . Dan Hoynacki - OSU Extension . Richard Morris - Greenway Neighborl Anthropologist . Javier Meza-Perfecto - Community Relations Officer . Cathy Heisen - Tukwila Ctr. for Health & Medicine . Joan Garren - Greenway Neighbor . Robin Straughan - Marion Soil & Water Conservation District . Alison Stenger - Institute for Archaeological Studies . Jeane Mey - Woodburn Resident . Bruce Thomas - Woodburn Downtown Association . Tim Dickerson - Boy Scout . Christopher Pister - Boy Scout . David Ellingson - Science Teacher, Woodburn High School . Tom Lonergan - Physical Educator, Woodburn High School . Jerry Simonsen, Realtor Task Force Issues The Greenway Task Force established 13 issues from discussion about establishing the trail system within Woodburn's Mill Creek Greenway. These include: . Connectivity - Regiona1/1ocal; . Recreation; · Public healthlwellness; . Non-motorized transportation; . Fish & wildlife habitat; . Education - history, prehistory, science; . Public utilities; . Scientific study - biology, paleoarchaeological; . Natural resources stewardship; . Art & culture; . Private property protection; and . Storm water management. NPS Technical Assistance Award for 2004-05 The City's application to the National Park Service also outlined goals for the plan. These goals are mirrored in those listed above and also include: . Establishing a detailed map that identifies trail routes; . Descriptions of types and levels of trail and recreation facility development; . Inventory and analysis of greenway resources; . Public outreach and involvement; . Acquisition strategies; . Funding strategies; . Project phasing; and . Acquisition and construction cost estimates. 6. Community Survey To gain input from the community, the Task Force conducted a survey. This survey was distributed to all Woodburn households through water bills, within the Recreation Reporter (WRPD's periodic activities program brochure) and was available on the City of Woodburn's web site. A total of 398 surveys were returned. The top rated activity preferences were MILL CREEK GREENWAY MASTER PLAN DRAFT - OcTOBER 20, 2005 GREENWAY TASK FORCE PAGE 8 walking, nature observation, general exercise, bicycling on paved surfaces, picnicking and pet walking. Respondents listed as their top preferences for design elements restrooms, garbage cans, benches, posted regulations and water fountains. 7. Resource Inventory On March 27, 2004, the Task Force conducted a comprehensive tour of the corridor to develop a resource inventory. The Task Force walked almost the full length of the corridor (with pennission of private property owners). A compilation of the Task Force's findings and observations is included in the Appendix. 8. Charette/workshop On June 2, 2004, the Task Force conducted a design charette/workshop and invited the public to provide input on the plan. The event opened with a driving tour of the resource and proceeded to City Hall where approximately 25 participants worked through a series of brainstorming and break out sessions. Attendees worked on specific planning units and provided input on the entire plan. 9. System-wide Recommendations The trail system should be anchored by a backbone multi-use trail that extends along the creek's main stem from Hermanson Pond in the south to Hazelnut Drive in the north. This trail should be paved and 12 feet in width with white "fog lines" along the outside edges of the path. While 12 feet is ideal, some locations may not allow this standard. In cases where local conditions constrain this standard, the trail should not be less than eight feet in width. The trail should support walking and bicycling and be constructed to support light maintenance equipment such as pick up trucks or small tractors. The trail should provide seamless integration to the City's existing roadside bicycle trails. Additionally, wherever possible, trailheads should be located at or near Woodburn Transit System bus stops. The trail system should be an integral part of local recreation, fitness and education programs. This includes use by Woodburn School District and Chemeketa Community College as an outdoor laboratory and preserving natural history and prehistoric resources for scientific exploration and environmental interpretation. The Greenway provides a unique opportunity to promote community health. To coordinate the facility with walking programs, trail distance markers should be delineated in "steps" as well as miles or feet so that walkers can gauge strides for step workouts. .ILL CREEK GREENWAY MASTERPLAN DRAFT - OcTOBER 20, 2005 GREENWAVTASKFoRCE PAGE 9 The public has expressed a need for restrooms along the trail. The main stem trail and both tributaries are situated on or near Woodburn's three community parks; Centennial, Settlemier and Legion Parks all of which contain public restrooms. Therefore, access from the trail to the restrooms needs to be well-marked and convenient for trail users. The restrooms should also include bike racks. All phased development will be subject to the applicable land use regulations in effect when development is proposed. 10. Planning Units The project was divided into five planning units named North Mill Creek, Central Mill Creek, Southwest Tributary and Goose Creek. Below are descriptions of resources included within each unit. North Mill Creek This unit extends from the north City limits south to Legion Park. From the City limits to Hazelnut Drive, the corridor includes a privately owned gravel trail constructed as a part of the Tukwila Golf Course and Ironwood housing development. This section of the corridor includes mixed deciduous with a few conifers on the banks surrounding the creek. A natural buffer also separates the trail from the golf course. Woodburn High School borders the creek on the west between Hazelnut Drive and Hwy. 214. Creek side vegetation includes deciduous trees and grasses. The topography slopes gently from the bottom to the high school campus. Woodburn High School is also the site of the discovery of Pleistocene Mammoth bones and is the scene of recent paleoarchaeological digs. A significant barrier to a continuous system exists in this unit where the creek corridor intersects with the Union Pacific mainline, Front Street and Hwy 214. Significant security issues exist with the trail route and the new Police Headquarters at Hwy. 214. There are concerns that the trail could place Police personnel at risk by providing a public access to the rear portions of the building. These security issues can be mitigated through a series of design concepts as proposed below. · Because of the precipitous slope between the creek bottom and the upper plane where the Police Headquarters will be located, the building will not be visible from the trail route. Accessing the building would be difficult because of the slope and security fencing that will be developed with the building. Therefore, the trail route should stay as close to bottom of the slope as possible and utilize a series of switch backs to provide access over the crest to connect the trail to the bike/pedestrian underpass on Hwy. 214. This design concept will provide maximum distance from the building and reduce sight lines. · To block sight lines where the trail crests the slope, the trail elevation should be no less than five feet lower than the elevation of the Police building. This will require excavation of soil along the narrow crest of the slope. MILL CREEK GREENWA Y MASTER PLAN DRAFT - OCTOBER 20, 2005 GREENWAY TASK FORCE PAGE 10 · To further reduce sight lines, it is recommended that spoils from the Police Headquarters construction be placed on City property between the proposed trail route and the building. This landscaping would further reduce sight lines between the trail route and the building. · When the trail is constructed, Police Headquarters fencing should be supplemented to further deter access toward the building along the slope between the building and trail route. · Fencing between the trail route and the UPRR right-of- way is needed to discourage pedestrian access to the trail route and the Police building via the tracks and Front Street. Conclusions and Recommendations for North Planning Unit · Work with the developers and homeowners' associations to make permanent public access along existing paths. · The Woodburn High School creek corridor has potential to be used as an outdoor laboratory for biology, ecology and paleontology. · Pathways in this section need to be multiple use paved pathways that connect to existing sidewalks to allow for safe passage through the UP mainlineIFront StreetIHwy 214 complex. · This portion of the corridor provides an opportunity for a safe route to school at Woodburn High School. · Conceptual design proposed is intended to provide passage from the creek corridor to Hwy. 214 sidewalks that ensures Police Headquarters security. Central The Central planning unit extends south from Hwy. 214 to Young Street. Legion Park, on the east slope of the creek, dominates the northern extents of this unit. Legion Park also includes some significant resources. During the past five years, scientific digs have uncovered bones from a wide variety of Pleistocene species. The creek bed in Legion Park slopes precipitously up to a small forest. This slope offers vista points to the creek and surrounding landscape. A stand of mature Douglas :fir trees lays upslope from the creek in Legion Park. This small forest is home to Red Tail Hawks and other raptors. Great Blue Herons are commonly observed along the creek in the Park. Early morning visitors to the park have also observed deer. Wyffie Park lies along Mill Creek between Hardcastle and Lincoln Streets. This park includes a small play area located within a thicket of Ash trees. The largest expanse of the greenway not in public ownership is located south of Lincoln and north of Young Street. This section of the greenway includes a gentle slope to the creek from surrounding properties. The wide-open landscape of grasses presents a "prairie-like" landscape within the surrounding residential neighborhood. Residential properties and a small farm dominate the western slope of this section. ...tILL CREEK GREENWAY MASTER PLAN DRAFT - OCTOBER 20, 2005 GREENWAY TASK FORCE PAGE 11 The Mid-Valley Community Church owns all the property on the eastern slope. This portion of the creek is probably the site of the mill from which the stream takes its name. A significant barrier to a continuous system exists in this unit where the creek corridor intersects with the Willamette Valley Railroad line at Cleveland Street, near Brown Street. Conclusions and Recommendations for Central Planning Unit . Connections to the Hwy 214 bike/sidewalk system are needed. . Future improvements to the Front Street and UP mainline overpasses should include bicycle and pedestrian facilities that can provide a continuous, off road path. . Legion Park is a key point in this unit and provides opportunities for vista points, trailheads, restrooms and interpretive facilities. . Interpretative trails should provide infonnation regarding paleontological exploration in the park and the natural environment. . The abandoned City-owned wastewater treatment plant on the west bank could serve as a trailhead. . Park facilities should be improved at Wyffle Park. . A continuous multiple use/paved pathway should course through this section. . The section of the corridor between Lincoln and Young Street has very little public ownership or access. Negotiations are needed with neighboring property owners to provide public access and improvement easements or purchase of property. . The Mid-valley Community Church has potential as a trailhead. . City-owned property on Gatch Street has the potential to provide Greenway support facilities such as a restroom or trailhead. . Historic interpretation opportunities exist in this unit regarding the old mill site. . The Willamette Valley Railroad grade represents a significant barrier to a continuous off-road route. An alternate on-road route is proposed and needs to be improved until a tunnel can be constructed. . This portion of the corridor provides an opportunity for a safe route to school at Washington Elementary School. ~ The South Planning Unit includes three undeveloped and partially developed parks and a pond. Hermanson Park I is a grassy flat park with a small playground informally named "Spider Park" by children in the surrounding neighborhood. The creek hugs the eastern border of this property. Residential neighborhoods surround most of Hennanson Park 1. Hermanson Park II is a small flat grassy property with the creek on the west border. Residential neighborhoods surround most of Hennanson Park II. MILL CREEK GREENWAY MASTER PLAN DRAFT - OcTOBER 20, 2005 GREENWAY TASK FORCE PAGE 12 Hermanson Park III is the site of a recent wetlands mitigation project. The parcel is dominated in the center by a row of ash trees that follow an old fence line. These trees shade the stream through this portion of park. Residential neighborhoods almost completely surround Hennanson Park ill. A homeowner's association operated tennis court borders the property on the east. The homeowner's association has also developed a paved access path to the greenway near Hermanson Pond. Hermanson Pond and a surrounding natural area exist in the far southerly portion of the greenway. Hermanson Pond is about 1 Y2 acres and very shallow. It is home to resident and transitory waterfowl, nutria and other birds and small wildlife. Occasional Great Blue Herons are observed around the pond. Some warm water fish live in the pond. Hermanson Pond and the upstream habitat will be the site of a significant improvement project that will deepen and enlarge the pond, abate noxious grasses, and reintroduced native plants, trees and grasses to the landscape. Grasses surround the pond. Residential development lines the west boundary of this portion of the greenway and farmland exists on the east. Conclusions and Recommendations for South Planning Unit · Hennanson Park I (north) has potential for development as a small neighborhood park. Improvements should include an upgraded playground, picnic facilities and a playfield. · Hermanson Park II has potential to be developed as a playfield. · Hermanson Park III, Hermanson Pond and the greenway south of the Pond should be relatively undeveloped and managed primarily in a natural state. · Two pathways should be built in Hennanson Park ill on either side of the creek. This includes a more primitive walking only path on the east side of the creek and a multiple use/paved path on the west side. · Pathways around and upstream from the Pond should be walking paths only. · The Pond should be deepened, enlarged and a weir installed to support a fishery. · The Pond should include a fishing pier and wildlife viewing station. · The upstream Pond area could be developed into a nature trail that describes the wetlands habitat. · A continuous multiple use/paved pathway should course through this section to Hermanson III but not beyond. Southwestern Tributarv This planning unit consists of a tributary that flows from the area around Centennial Park in the extreme southwestern extents of the City, through Settlemier Park to the main stem of the corridor near Cleveland and Brown Streets. This unit connects the greenway system with the downtown district and civic buildings such as City Hall and the Public Library. Extending west from Brown Street toward the Union Pacific mainline and Front Street, the creek flows through a broad MILL CREEK GREENWAY MASTER PLAN DRAFT - OCTOBER 20, 2005 GREENWAY TASK FORCE PAGE 13 plain dotted with fruit trees. The creek is surrounded by residential development and a City corporate yard. The Union Pacific mainline presents a major impediment to a continuous pathway in this section of the greenway. However, alternate routes using Cleveland Street could route trail users toward Locomotive Park near the Front and Cleveland intersection. This park includes a restored steam locomotive. The convergence of Front, Cleveland, Ogle and the UP mainline could also be site of an enhanced safety crossing over the mainline. 4 Just south of Front Street and the UP mainline is Settlemier Park. This park includes significant attractions for youth including the Woodburn Memorial Aquatic Center, Richard Jennings Skate Park, Youth Activity Center and a softball field. picnic areas and a playground. The creek flows through a pipe in Settlemier Park. The City's stonn water management plan proposes development of a surface swale in the park to carry runoff from stonns that exceed the capacity of the pipe. This project should be developed in a manner compatible with non- motorized transportation proposed in this plan and should not interfere with use of the park for passive recreation proposed in the park master plan. The corridor crosses Settlemier Avenue where it encounters a complex of public facilities. These facilities include a domestic water production well and a future flood control detention reservoir. Beyond these facilities, the corridor courses through undeveloped farm land until it approaches Centennial Park. Conclusions and Recommendations for the Southwest Tributary Planning Unit . Long range planning is needed to devise a strategy that will provide a continuous pathway along the creek at OgleIUP mainline/Front Street. . An alternate pathway is needed along Cleveland that provides an enhanced safety crossing at Cleve1andIUP mainline/Front Street. . Historic interpretation opportunities exist in Locomotive Park regarding the steam engine, SP1785. . The pathway needs to link downtown destinations including the business district, civic buildings, WMAC, Settlemier Park and the Chemeketa Community College campus. . Within Settlemier Park, the pathway needs to be linked to the internal park trail system including routes to WMAC, Richard Jennings Skate Park, Youth Activity Center, playground and picnic shelters. . The detention pond planned for the flood control facilities on City property west of Settlemier Avenue should allow space for a multiple pwpose trail. . Near Centennial Park, the greenway passes through undeveloped fannland outside the City limits but inside the Urban Growth Boundary. The land use designation for this property is residential. As this property is annexed and developed, the City should seek dedications of property for a continuous multipurpose path. . Connections are needed to Centennial Park, the Heritage ElementaryN alor Middle School campuses MILL CREEK GREENWAY MASTER PLAN DRAFT - OCTOBER 20, 2005 GREENWA Y TASK FORCE PAGE 14 and the Evergreen Linear Park creating safe routes to school. Goose Creek The Goose Creek planning unit extends from Mill Creek's main stem at Woodburn High School, west to French Prairie Middle School. This unit consists of gently sloped grassland next to the WHS athletic complex, an office park and residential homes. A developer has constructed gravel trails, picnic tables and an exercise course on the stream extending from Boones Ferry Rd. east to the Tukwila Center for Health and Medicine. Next to the Medical Center is a large old Oregon white oak tree that deserves preservation and interpretation. Conclusions and Recommendations for Goose Creek Planning Unit . Work with the developers and homeowner's associations to make permanent public access along existing paths. . Maintain picnic facilities near the old oak tree. . Provide safe route to school connections between the French Prairie MiddlelLincoln Elementary School campuses to the Woodburn High School campus. . Provide on street walking and bicycle facilities that will connect the greenway system to Senior Estates Park. 11. Plan Details Trail Routes The routes for the backbone, tributary and nature trails are delineated on the maps enclosed in the plans. Because of the scale, these routes are more generally defined. Specific trail routes will be delineated as site plans are developed for constructing the trail system. The trail route is bisected in a few locations with formidable barriers. However, adequate interim routes have been identified to provide a continuous pathway while solutions to the barriers are realized. At Cleveland Street near Brown, the trail route encounters a steep fill for the Willamette Valley Railroad. The plan proposes a tunnel under this grade. However, an interim route is proposed that will utilized a future bike path along Cleveland as well as B Street, C Street, D Street and Broadway. This route also could continue along Doud Street to provide a route to the Chemeketa Community College campus. Transition Nodes Transition nodes are areas along the route where the trail surroundings change or where multiple destinations are located. Two Transition Nodes are identified. Hermanson Park ill is cited as a transition node. Within this park, the route changes from the paved backbone path within .ILL CREEK GREENWAY MASTER PLAN DRAFT - OcTOBER 20, 2005 GREENWAY TASKFoRCE PAGE 15 developed parks (Hermanson I & II) to more primitive In nature where the landscape is dominated by natural habitat. The second Transition Node is located where the pathway along Cleveland Street meets Locomotive Park, the Union Pacific Railroad line and Front Street. This area includes the landmark Southern Pacific RR 1788 steam engine on static display and serves as a "gateway" to the historic downtown Woodburn, Settlemier Park and the Woodburn Memorial Aquatic Center. This Transition Node has the opportunity to provide a safety enhanced pedestrian and bicycle crossing of the railroad tracks, directional and informational signs for downtown and interpretative facilities for the old locomotive. The node also connects the Greenway to a future scenic railroad that could terminate in this vicinity. Support Facilities Restrooms - Since the route connects local community parks, the trail should provide well-marked access from the trail corridor to the restroom facilities within Centennial, Settlemier and Legion Parks. However, the southern portions of the corridor are not near existing parks with restrooms. Therefore, a restroom should be located within the corridor in the South Planning Unit. Benches - to provide places to rest and enjoy the greenway environment, park benches should be located at intervals of 300 feet along all trail routes. To reduce problems with littering, these benches should also include trashcans. Trail Heads - Trailheads are access points to the trail system. They include bulletin board structures that have a system map that shows "You are Here," trail rules, descriptions of points- of-interest, distance to various destinations and other pertinent information regarding the trail system. Other facilities included at trailheads are trashcans and benches. Trailheads are located within all parks through which the Greenway passes and where the pathway intersects streets with bike paths. Public transit system stops should be included at trailheads. Trail heads with parking are proposed for the Deer Run right- of-way near Hermanson Pond (3 parking stalls) and the old wastewater treatment plant on the west side of the creek near Legion Park. Bridges - Bridges along the system's backbone trail need to be versatile. They will be required to accommodate light maintenance vehicles such as small pick up trucks and tractors as well as bicycles and foot traffic. Bridges on side trails and in nature areas need to be designed primarily to accommodate foot traffic. Trail Types - The trail system should be anchored by a backbone multi-use trail to accommodate bicyclists and walkers. This trail should be paved and 12 feet in width with white "fog lines" along the outside edges of the path. Primitive pathways and boardwalks are included within areas of sensitive natural concern. These include the corridor south of Hermanson Park ill that includes Hermanson Pond and the corridor within Legion Park that includes areas of significant paleoarchaeological discovery. MILL CREEK GREENWAY MASTER PLAN DRAFT - OCTOBER 20, 2005 GREENWAY TASK FORCE PAGE 16 Recreation Facilities - Portions of the publicly owned sections of the Greenway include opportunities for recreation facilities. Hermanson Parks I & II and Wyffle Park have potential for playfields, playgrounds and picnicking. Recreation facilities are available at the Centennial, Settlemier and Legion Parks. Access from the Greenway as well as directional signs should be provided to these facilities. The Mid-valley Community Church has informally expressed interest in developing recreational facilities on property it owns between Young and Lincoln Streets on the east side of Mill Creek. Fishing Docks - Hermanson Pond has potential to support a wann water fishery. Trails can connect the system to fishing docks and wildlife viewing platforms in this area. Wildlife Facilities - Hermanson Pond, Hermanson Park ill and the surrounding landscape include extensive wildlife habitat restoration projects. Trails in these sections need to be situated away from sensitive wildlife areas and provide viewing stations and environmental interpretive facilities that provide access without disturbing plants and animals. Environmental Interpretation Places for natural environmental interpretation exist in the Hermanson Pond area and Legion Park. These trails should consist of self-guided tours with signs and information and viewing stations. Similar opportunities exist at Woodburn High School. Opportunities for historic interpretation exist in the Greenway near Young and Lincoln Streets. The mill for which the Creek was named as well as prominent fanns were located within this area. The Greenway in Legion Park has been the site of significant scientific discoveries of ice age fossils. Opportunities exist in the greenway corridor for interpretation of this prehistoric environment as well as the on-going and past scientific processes to uncover the fossils. Signage - The trail needs to be unified with a coordinated and attractive system of signs. This system needs to be easy to read with signs located in convenient locations. Because of Woodburn's multicultural makeup, signs should be in English, Russian and Spanish. Specific sign designs are needed for entrance/monument signs in parks and at trailheads, rules, directional, mileage, environmental interpretation and informational signs. 12. Project Funding Systems Development Charges (SDC's) Systems Development Charges are fees paid by new development to help pay a portion of the costs of capital facilities needed to serve new development. The City's Parks and Recreation System Development Charges Methodology and Rate Study Update has identified portions of acquisition and construction projects as qualifying for funding through this source. General Fund - General fund revenues consist chiefly of property taxes derived from the permanent tax rate. Since the City utilizes this funding source primarily for operations they are a very unlikely source of funds for Greenway projects. mILL CREEK GREENWAY MASTER PLAN DRAFT - OCTOBER 20, 2005 GREENWA y TASK FORCE PAGE 17 OPRD Recreation Trails Program - This program provides funding for maintenance and restoration of existing trails, development and rehabilitation of trailhead facilities, construction of new recreation trails and acquisition of easements and fee simple titles to property. The Recreation Trails Program requires a 20 percent local match. Local Government Grant Program - This program uses lottery dollars for land acquisition, development and rehabilitation projects for public park and recreation areas and facilities. The Local Government Program requires a 50 percent local match. Land and Water Conservation Fund - Eligible projects through this federally funded program include acquisition, development, and major rehabilitation of park and recreation areas and facilities. Projects must be consistent with the outdoor recreation goals and objectives contained in the State Comprehensive Outdoor Recreation Plan and elements of your local comprehensive land use plans and park master plans. This program also requires a 50 percent local match. Other State of Oregon Funding Sources - Funding for habitat restoration, fish and wildlife access and other natural resources enhancements are available through the Department of Fish and Wildlife, Oregon Water Enhancement Board and other agencies. Matching requirements for these grants vary. Volunteer & Donations - Trail construction projects are well suited to volunteer efforts. Other community groups and organizations can tailor projects with good design to Eagle Scout project, school conservation projects and efforts. Furthermore, the trail system can be segmented into adopt-a- trail sections that groups or individuals can adopt to assist with construction as well as operation and maintenance. MILL CREEK GREENWAY MASTER PLAN DRAFT - OcTOBER 20, 2005 GREENWAY TASK FORCE PAGE 18 13. Capital Improvements Below is a proposed six-year plan for project implementation improvement. The proposed projects are located on City owned property. Funding for the projects would be sought through sources described in Section 12. Mill Creek Greenway Master Plan Projects Initial 6 Year Plan Hermanson Park Section Backbone Trail Bridges Signs & Amenities Playground Equip. Trail Heads Hermanson Pond Section Soft Surface Trails Bridge Signs & Amenities Trail Heads Units CostVnit Total 1,500 $20 $30,000 $20,000 $2,500 $20,000 3 $1,500 $4,500 $77,000 500 $5 $2,500 $5,000 $1,500 $1,500 $1,500 $10,500 Wyffle Park Section ~ Backbone Trail 500 $20 $10,000 Bridges Signs & Amenities $1,250 Playground Equip. $20,000 Trail Heads 1 $1,500 $1,500 $32,750 .v1:ILL CREEK GREENWAY MASTER PLAN DRAFT - OCTOBER 20, 2005 GREENWAY TASK FORCE PAGE 19 Legion Park Section Backbone Trail Bridges Signs & Amenities Soft Surface Trails Trail Heads Units CostlUnit Total 1,500 $20 $30,000 $0 $2,500 $2,500 $4,500 500 3 $5 $1,500 Future Projects North Planning Unit Central Planning Unit South Planning Unit Southwest Tributary .. Goose Creek Tributary $39,500 Trail Construction - Woodburn High School, Hazelnut to Hwy. 214 Trail Construction - Legion Park to Wyffle Park Access Acquisition - Lincoln/Cleveland Street Section Access Acquisition - Lincoln/Y oung Street Section Trail Construction - Lincoln/Cleveland Street Section Tunnel Construction/trail connections - Willamette Valley Railroad Projects listed above in initial 6 year plan Transition Node Development/Cleveland Trail Construction - Settlemier Park to Settlemier Street Well Property Access Acquisition - SettIemier Street Well Property to Centennial Park Trail Construction - Settlemier Park to Settlemier Street Well Property Trail Construction - Evergreen Linear Park Trail Construction - Woodburn High School to Boones Ferry MILL CREEK GREENWAY MASTER PLAN DRAFT - OcTOBER 20, 2005 GREENWAY TASK FORCE PAGE 20 14. Appendix a. Typical construction details b. Survey summary c. Resource Inventory d. GTF Meeting Notes e. National Park Service Application Letter f. Letters of support g. Planning Section Maps Appendix Mill Creek Greenway / Multi-use Path ". MIN. ~' uJ. . 3 feet Graded wood chip or crushed rock shoulder 10 feet min. Asphalt: 2 lifts 2'" ea; over compacted crushed rock base course 3 feet min. Paved rest areas, shade trees, bench Mill Creek Greenway Roadside trailhead · Handi-cap parking · Greenway sign · Wastebasket and Mutt Mitts · Bench/viewpoint -'- Mill Creek Greenway Small Trailhead with parking (e.g. Hermanson Pond) .. · Handi-cap parking · Greenway sign · Wastebasket and Mutt Mitts · BenchMewpoint City of Woodburn Mill Creek Greenway Survey The MUJ c.reak Grean WIly nukfOroe is developing a comprehensive plan for a continuous public greenway and pathways system that includes open space, habitat preselVation and restoration, public access and neighborhood recreation areas, as recommended in the city's 1999 Parks and R<<Jreation ComprtlbMSive Flail Upd81A The Tukforce is asking all Woodburn residents to complete this survey by May 14, z004 in order to effectively represent the interesta of our community members in forging thia plan. It is also available in electronic fonn on our website at: httJ.:/lwww.ci.woodbum.or.us/parks/. For questions, please call 508-982-5Z64. 1. What activities do you feel our pubDc ~W1Iy sptem in Woodburn should provide? Rate the activities listed below in three categories, with a U, A or I: U = I will use the greenway system for this activity A = I think this activity should be accommodated, but I will not use it in this way I = I feel that this activity is not appropriate for our Woodburn greenway system _Commuting to work _ Nature observationlbirding _ Paved Cycling _ Small chlldren tricycling _ Horseback riding _ iollerblading/boarding _ To get to shopping _ Group Picnics/Events _ After dark group events _ Pet walking _ Group sports (Frisbee, football, softball_ specify _ Day camping _ Overnight camping _ OUtdoor classroom _ Other (specify) _ Walking _ Running/jogging _ Mountain biking _ Skateboarding _ Educational walking tour _ General exercise _ Model airplanes, cars, boats _ Community gardening ) 2. Jrom your list of"lr activities, Ilbove, pleut: list the top t1uee in which you are most 1ih1y to psrticipllte in on a reguillr bIlsk 1. , 2. , S. 3. Fleut: check the design elements/llllJenities t1ud you would like to see in OW' gretWway system: (if there are any that you feel are not appropriate for the system, write "NO" in the space) 4. 1i'om the list of design elements Ilbo~ plt:/lSe indiCll~ the top five of most importance to yorz 1. 2. 5. 4. 5. . 5. C4n you help? Check all that appl~ _ Trail Work _ Pundraising _ Special Events coordination _ Constmction --Make a pre3etltation _ Newsletter _ Other (specify) 6. amteyour.vegroup:under 18 18-29 30-49 50-64 66-74 75+ 7.NtmJberinhous8bold._ 8. Contact Info. (optional) Name(s): _ Paved trail surfaces ( ) _ Picnic tables Toilets _ Benches _ Fenced in areas _ Bike racks _ Interpretive signage Address: _ Gravel trail surfaces _ Covered group shelters _ Water fountains _ Garbage cans _ Off street parking _ Designated teen areas _ Reserveable picnio areas _ Dirt trail surfaces _ C001dnglbarbequing areas _ Exercise course w Istations _ Pet waste disposal _ Posted re$U1ationsl guidelines _ Artwork (sculptures, murals) _ Other (specify) Telephone: E-Mail: W.QQDl.lYiN J"O"O'AI'~ fl', Best time to contact: By May 14, 2004, please return to: City of Woodburn Greenway Survey 270 Montgomery Sf. Woodburn, OR 97071 Woodburn Greenway Survey - Spring 2004 Preliminary Results Sllmmary The Woodburn community returned 320 surVeys for tabulation. Most popular greenway use is for walkin& followed by ~e observatio~ birding and other education. There was also some interest in bicycling and bikiri& as well as picDicldng. Paved trails were the number one amenity selected, but among all amenities, paved trails were outranked by toilets, benches, water fountains and picnic tables or. areas and pet waste disposal. AU b~ a couple swveys reflected positive comments about the greenway enhancement process. Many resp<>ndents provided contact information and offered to participate in enhancement activities. Respondents by Age As anticipated, the SUlVey was most popular among ~l~er adults. Here are the respondents be age group: Age 18-29 30-49 5~ 65-74 75+ TOTAL Number of RespOnses 14 73 76 61 84. 320 Percent of Total 5% 24 25 19 27 1 000/'0 Favorite Activities Walking was favored as the number one activity by In respondents. or 78%. Even as a nUmber 2 activity. walking came in at 15%. Other number one activities among the remaining 22% was fractionalized, With the favorites as cycling or biking (11 responses - 5%), followed by natural observation, birding, education (7 responses - 3%) Only 4 respondents (2%) selected pet walking as their number one activity. For number two most popular activity, nature observatio~ birding. education was most popular (29 responses - 15%) followed by general exercise (23 responses - 11%); pet walking (15 responses - ?OAt) and group picnicslpicnics (11 responses - 5%) Favorite Amenities While most picked paved trails as their number 1 amenity. followed closely by to~ets, most respondents favored a broad ran:ge of amenities, including strong support for posted reguJ.ations. Amenity #1 #2 #3 #4 #5 Total % of total Toilets 33 48 27 14 16 138 56% Benches 16 41 28 24 20 129 52% Paved Trails 37 4 3 4 1 49 20% Picnic tables/areas 14 13 13 10 6 56 23% Water Fountains 4 18 19 21 17 79 32% . Pet waste disposal 4 7 13 15 15 54 22% Posted regulations 7 3 8 18 16 52 21% Percentages based on 247 respondents answering this section. r MILL CREEK GREENWAY TASK FORCE Saturday, March 27, 2004 Resource Inventory Itinerary Time Location DescrlDtion 9:00 a.m. Start at: Recreation and Meet to depart to Greenway in City van. Richard Parks Dept. Office. Morris will provide a description of the 160 W. Cleveland surrOundinll neimborhood. 9:15 a.m. Start at: Deer Run & Herinanson Pond, Hermanson Parks I, n & m. Hermanson Road. Site of past (Luckey Co.) and future habitat South PlanninR Unit restoration proiects l " n.u- 1. 10:00 a.m. Start at: Settlemler Park Settlemier Park to Centennial Park. Mayor Kathy West Tributary Planning Figley will host a tour of this section. Unit 11 :00 a.m. Start at: Mid-Valley Cleveland Street to Legion Park. Willis Grafe from Community Church, 591 the Mid-Valley Community Church will meet the Gatch Street Task Force and provide a tour of church-owned Central Planning Unit greenway property. Noon Lunch @Settlemier Park Looch provided. Youth Activltv Center 1 :00 p.m. Start - Under giant Herb Mittmann will host a tour of Tukwila Oregon White Oak near Homeowner's Association paths. The final stop Tukwila Center for will be at Legion Park to tour City-owned property. Health ani Medicine North & Goose Cr. Planning Unit - 2:00 p.m. Site revisits, rap-up: Revisit sites of specific interest, if necessary. Settlemier Park Youth Discussion about general findings from field Activity inventory, and collection offield notations from Darticioants. Resource Inventory: Map & Notations. Planninl! Unit: 0 South 0 Central 0 North 0 Goose Cr. 0 West Trib. A. Landscape Character t. Topography (sloped, flat) n. Vegetation/patterns (open water, wetland, grass. shrub, trees) Ill. Wildlife/habitat value IV. Aspect (sun/shade) v. Views VI. Landmarks (the old oak) vii. Sound (nature, traffic, children at play) VllI. IX. B. Ownership and Land Use i. Public lands ii. Neighboring land uses (CBD, industrial, multi-family) 111. Existing recreational facilities (paved/unpaved ''trail'', play area, picnic tables) IV. Other public facilities (restrooInS, payphones) v. Key destinations (schools, shopping, services, churches) VI. Historical sites vii. viii. C. Opportunities i. Future Development (Glatt Sl extension, daylight Mill Creek in Settlemier Park) ii. Hi. D. Constraints i. Barriers (street crossing) ii. m. · One map/notations sheet per planning unit. with items keyed OD. map (e.g. "Ai" written on map refers to notations on c:onelating Uno OD. the notatioDl sheet). Mn.L CREEK GREENWAY TASK FOR.CE Woodbum, Oregon . .,. Resource Inventory - Central A. Landscape Character I. Topography · Flat with sloped edge (2) · Valley · Enclosed but open II. VegelaUonlpatterna · Grass · 8hNbs iB. Wlldlifelhablt value · Birds · Very busy day with church cleaning cnNI so did not see any iv. Aspect (sun/shade) · Sun v. Views · Very open · Sam with Legion Part. trees beyond · Neetly mowed area made I very InvlUng vi. Landmarks · OIdAshTrees vi. Sound (natln, traflIc, children at play) · V\IInd B. OWnership and Land use I. Public lands · None n. NeighbOring land uses · Church · Residential · BUSIness Ill. ExistIng recreational faclliUes · Suggest a woodchlp walking path In thI$ area only · Wet mowed private property Used as public path lv. Other pubic f8cUitles (restrooms, payphones) · Play equipment In Wyffet Park v. Key destinations (school. shopping, services, churches) · Churches · Apartments vi. Historical sites · Historic home on west side · Old fann land vi. Other - Comments · One landowner Is against the Idea, says he enjoys It the way it exists and stated that we can' do anything because It a ftoodway and also fears vandalism C: Opportunities I. Future Development · More church development · Potential of trailhead for handicapped · Sinuous, curbing corrktor · other sections completely straight II WIllows that provtde bank ltabIDzstJon · Creek owner wants ditch deepened or bank SlabDlzed O. Constraints I. Barriers · Landowner has objections to walking and stipulated that the church not provide walking · Stream bank need. stabilization II NeIghborhood resistance · Ralfroad at south end - prtvate ownership blocks access to Hardcastle · Perhaps this Is where a trailhead could be purchased at the vacaM '1onnerty Goldsby lot- next to 444 Hardcastle Av Other notes: · There Is 8 lot ne)d to WIthers Lumber that 18 overgrown with brlef$. Pertlaps a code violation . Homeowner sold seotlon to church, and contract prohibits public aocess until paid off .,. Resource Inventory - We&t Tributaries A.. Landscape Character I. Topography · F1el · Open IL vegetetlonlpattema · Shade trees · GI'8SI · Open pasture lB. WldIlfeJhabl value · Birds · Frogs tI. Aspect (aunlshade) · Sun west of street · Shade east of SetUemler v. VIews . Open view to west · Stand of evergreens vi. Landmans · S8UlemJer Part vi. Sound (nature. trafftc. children. J)lay) · Frogs · BIrda · 'Mnd · Children at play B. Ownership and Land use I. Public lands · Park · Water f8c11itle8 .. Fenner owns rye seed nekl ii. Neighboring land uses · Penn land · Resktential. zoned single f~ty lB. existing recreational facilities · P\tnJdng · Skate pal1t · Aquatic center iv. Other public faCUlties (restrooms. payphones) · Restrooma · Pay phones v. Key destinations (school, shopping, seMceS. churches) · Parks · Sohoofs · Pool vi. HIstorical sites · HlBtorlc nelghbomood vB. Other - Comments · None C. OpportuntUes l. Future DeveIopmetlt · Extend trail over prtvate property O. Constraints I. Banters · RaHroad trackS · Brown St · Front at · Settlemler St Other notes: · None I "aouUI~ II1vemory - ~, H A. Landscape Character I. Topography · 'Mde open area . Open in center, sided by suburban residences and agriculture · Flat. open (3) II. Vegetetlonlpatterns · Reed canary grass (3) · Love the Weeping WIDow trees · Pampas grass lB. WlldltfeJhabl V81ue . Grader Geese (3) nest aft. on Island · Warm waterflsh (needS bass) · Nutrta . Raccoon · Mlnk Iv. Aspect (sun/shade) · Open · Sun (3) . Shade from Oregon Ash (4 treeS) v. Views · Stockyard · Agriculture . SUburban residential vi. Landmarks · Fencerow trees · VWIow tree (2) · Pond (3) · Island . Oregon Ash Trees vi. Sound (nature. traffic. chiktren at pay) . Trafftc noise (3 III Train noise III DOgs barldng (3) . COkt day. children must be Inside · Geese and ducks · Pumping .er (2) · Song birds · Cattle · \NInd B. OWnership and Land U$e I. Publ1c lands · Pond (3) . Most of Park belongs to City of Woodbum · Pete eam III Houses on West II. Neighboring land uses · Multl-famlly houses (2) · Farm (2) · Single family houses (3) · Auction yard (2) · Greenway JR. ExIsting reoreaUonal faclUtJes · Unpaved III Wet grass · Access points close to houses (~ · Dirt paths around parts of pond · Pond · Spider Park with playground Iv. Other public fadllUes (restroom&. payphones) · Spider Parks play equipment 'T V. I"\"} UVlllUIIDUUI.. \aullUUI. atlUfJlll'l\I. ~'VI\iV1J. ""unit,wl · Neighborhood homeI 'It. HIstorical Sites · 1902 or older farmhouses and homes vii. Other · Playfteld would be nice · \NIden creek · Keep tral without tables · Some area where 8 great traI could be · Old$r Oregon trees along creek · Great dog Wllklno park. c. Opportunities I. Future DeveIopmert · Suggest when eam farm land by the pond Is developed. that the same style fences are considered · thick blackberries around the pond · Landscape ditch back Into real creek · Deepen pond and stock · BeUer pathways and other areas D. COnstraints I. Barriers · Need to ch8ckIsurvey property Unes · Cross WIlson at. Cleveland and UnCoIn on North end street and railrOad · The areas that the creek was wider I considered prettier than the narrow ones · Land owners adon't want treeS' · Only two access points · NeighbOrhood nervousness · Railroad track at north end other notes: · Historic photos of old 18nn aOd meadow · \Mde enough for loop trail? A. Landscape Character I. Topography · Slope from higher ground to Greenway (2) · Bluff with views of Mm Creek vaney (2) Il. Vegetatlon/p8ttems . Grass · stand of trees over 100 yeats old · Td Spnace tree lit WUdIIfeJhabl value · BlfdI II year . Froga · Deer · Hawk8 · Blue Heron Iv. Aspect (sunlshade) · sun In creek 8Ie8 · Shade In lree area v. Views · Open view to west · Down greenway · Skunk cabbage In water vi. Landmarks · 014 Trees (100-150 yrs old) (3) · AnJheoIogIcaISIte vii. SOUnd (nature, traffic. children at play) · Frogs · Trafftc · BIrds · 'Mnd B. Ownership and Land use i. Publlc lands · City Park · Sehool . other City owned land II. Nelghbottng land uses · Finn land · Residential · Apartments · Industrial il. ExIsting recnatIOnal facilities · Developed park with ball field. picnic shelter. parking, restrooms (3) · stad1um ill. Other pubic facilities (restrooms. payphOn8$) · None Iv. Key destinations (school, shOpping, services. churches) · Medical services · Schools · Offtce park · JObs · Senior Estate homes v. Hl$lorloal aft" · Old outhouse with cresoont moon · ArotMJotoglGal stte · Ancestors used MUI Creek to camp and graze horses on way to State Fait vi. Other .. Comments from Tukwila Homeowners AssocIation · None C. Opportunities I. Future Development · Pollee station · P088Ible community Center . ,. oU. t..OrniUillnII I. Ban1era · Crossing Highway 214 (2) · Railroad triCk (2) Other notes: · Coordinate with homeowners for shared use of Tukwl1a pa~ K880UfC8 Invemory - GQOM creek A. Landscape Character I. Topography . Open and ftat . FloOd ptaln . Moat treea all panted Ii. Vegetatlonlpa1tema . G.... . Nice stand c:I birch tre. . F10wertng deciduous . Corkacrew WIllow · Magnolia Il 'M1dIIf8Ihablt Vllue . Birds al year Iv. Aspect (sun/shade) · Sun . Shade v. Views . Probebly have Ml Hood view · GOlf · Manicured grasa . Badtyal'd of Senior Estates homes has many pretty ftaNel' gardens vi. Landmarks . Old Oak (100-150 yrs old) vi. SOUnd (nature, tra1f\C, children at play) · Breeze In trees . DIstant traftIC · Birds · \MIld . Children at play B. ownership and Land use l. Public lands · Near schools II. Neighboring land uses · OfIIce parIt · ReskIenUal · SChools · Tukwlla Medlcat Center · Retirement single family homes ii. ExlsUng recreatlonaf fecmues . Nearby school groundS, tratk and plaYUl'Ound · Gravel tre. . BrIdge · Picnic table under oak tree . senior Estates Park; 2 picnic tables, walking pathways, horseshoe pits, Baa, water fountaIn, bull-In checker/chess tabte, doggie boy receptacles Iv. Other public 'aeiliUes (restrooms. payphones) · None v. Key destinations (school, shopping, services, churches) · Medical saMC8' · SchoolS . Offtce park III Jobs · Senior Estate homes vi. Historical sites · Old Oak tree · ArcheologlC81 site on high school property 1Ji1. other . Commenl$ from Tukwila Homeowners AssocIation . 3 mile tral Is not reaRy 3 miles · V\t'he81 ftekl area development . In Tukwlla expansion backyard~ will face Woodburn HIgt\ School ,. . · Around Oak tree will be a little park · VoIkIwaIkers · There should be slgnegl at Boones Feny Rd to let people know information about triO: Where It begl", and how long It IS · TI'II shOuld connect Elementary, MIddle and HIgh School, · 'Mlere Goose Creek comes out of concrete _ Senior Estates, there are cut trailS In creek C. Opportunities I. Future Development · New neighborhood attracUng famlnel with kids · Greenway walk · ConnecI schools · New home developer wanta to mesh with our objectives · Trat mending SenIor Estates Park going northeast along Country Club Rd. turning south on Boon.. Fe~ Rd to Join Goose creek where It enters Tukwlla. D. Constraints I. Bamers · Cross1ng Boones Fenv Rd (3) · Meadow west of Soones Ferry Other notes: · Need to connect with Volkswalkers · Fourth of July In front d schools '* . Mill Creek Greenway Task Foree Meeting Notes March 2, 2004 1. Coli to order Informal start at a~30 pm. 2. Introductions ~or Figley introduced the objectives of the Task Force. Each member present geve introductions. Members present~ bonovan Reyno, Javier Perfecto, Tom Lonergan, 11m Dickerson, Jerry Simonsen, Joan Garren, David Ellingson, Robin Strcwghon, Jeane May, kathy Figley, Alexandra Stone, Randy Westrick, Cathy Heisen and Dan Hoyoocki. . 3. Project Overview Randy Westrick presented Q slide show of the Mill Creek Greenway. The slide show was very informational and gave an overview to the Task Foree. He reviewed the Parks and Recreation policies 5 4 6 and the letter of application to the National Pork Service. Vision Development The Tosk force work on the vision of the Mill Creek Greenway. · Connections (social and regional) · Recreation · Public Health · Motorized Transportation · Habitat (Open Space) · Education · Public Utility · Scientific · Stewardship · Art and Culture ,. 4. Project l1rneline Alex Stone reviewed the tlmellne with the task force and no modifications were made at this time. !:S. T4Sk Force RoI.. Q) Task Force member's brainstormed possible uses for the greenway · Public use of open spaces · Access · Self. Construction · K-12 Physicol Education cla$ses · Habitat and Fish · Tourism · A place known for i-rs -walks" · Sounds of nature: frogs, birds, ducks, geese · Facilities: benches, signs which include: ecluc:otional, directional, plant Identification, drinking water, restroom., garbage c:ons. . Beauty · Meaningful and memorable names · Tot plc:ty areas · Exercise stations · Promotion of greenway and troil b) An inventory field trip of the greenway is scheduled for March 27. 2004. 6. Task Force Membership The meetings will be held on the second Tuesday of each month at !5:30 pm. They will report to the Recreation and Parks Board immediately following. Next meeting April 13 , 2004 Mill Creek Greenway Task Foree Meeting Not. April 13, 2004 1. CGII to order Informal start crt f5;4Q pm. 2. Irrtrocluctfons Randy Westrick welcomed and thanked everyone for coming. Each member present gave introductions. Members present: Javier Perfecto, Robin Straughan, Randy Westrick, t>cm Hoynacki, Jan lafollette, David Torgenson, Christopher Pister, Phyllis McKeaft, Willis Stafe 3. Resourca Inverrtory Randy Westrick reviewed the Parks and Recreation policies !S & 6 to the J\eWest members of the taskforce. He then explained about the resource inventory field trip and gave a re...CClp of the results and the impor1'anea of the findings. 4. Community Survey Dan Hoynacld presented the survey and asked the taskforce to make corrections/suggestions. The survey will then be transloted and distributed to the community through our City's water bill, the Aeere4tion Reporter and will be available on the City's web-site. 5. June Public Workshop A tentative date hClS been set for Thursday, June 3, 2004 for Q Taskforce workshop for survey results and community input to map outline of 6reenwClY pion to present at Q public open house. A tento:tlvc date has also been set for Thesday, June 8, 2004 for an Open House at !5:30 p.m. and then Q Workshop at the regular scheduled Recreation ord Parks Board meeting at 7:00 p.m. 7. Kodak A.......ca ".ftWQys Grant Discussion on the grant and consensus made to use it for the Mill Creek Greenway signage. Meeting was informally adjourned at 6:50 p.m. Next meeting May 11, 2004 1 Mill Creek Greenway Task Force Meeting Notes May 11, 2004 Members present: Alexandra Stone, Rondy Westrick, Dan Hoynocki, Phyllis McKean, Nancy Kirksey, Willis 'roffe, Christopher PIster, David Torgeson and Jerry Simonsen. 1. Call to order Informal start crt !5:35 pm. 2. Community Survey The TGSk Force reviewed the 210 surveys and noted that walking is the #1 activity. Con Hoynacki will create Q datGbase and input all survey information. This information will help in the planning proc~s of the greeftwoy. 3. June Public Workshop A lex Stone reviewed the draft t>esign Charette Gnd explained the schedule to the Task Force. Alex then presented topographical wall mops and pointed out the existing resources along the gre.enway. [)avid Torgeson shared current Public Works projects that need to be considered in the planning process. Jerry Simonsen 4Sked about the trail section in' Tukwil4 GM the Homeowners Associations reaction to the survey and planning process. Rc1ndyossured the Task Force thot Herb Mittmann, Recreation and Park Board Chair lives in Tukwila cmd is Q posi~iv& liaison with the Homeowners. 4. ICodGk AmerlcG Sree~ Grelnt The Task Foree reviewed the proposed grant and Alex Stone suggested raising the grant total to $2eoo.OO. Atex also suggested Q change to #1 Orgcmization Description with adding the diversity in the Woodburn community. The Task force ogreed that the additional money would help with completing the signage portion of the greenwoy.c[)4vid TO"9~n stated that he would like to see maintenance costs included in the design cwette. The Task Force discussed the possibility of volunteer groups to help with the greenway maintenance. AdJournment 6:50 pm Next meeting June 6, 2004 which wilt be the Design Cherette. . Mill Creek Greenway, Woodburn, OR Charette Schedule VVednesday,June2nd,2004 6:00 - 9:00 p.m. 4:00 - 5:00 6:00 6:15 6:50 7:15 8:00 8:20 8:4? Driving tour of greenway . For out-of-town participants and rust 25 who sign up Charette participants convene . Woodburn City Hall- City Council Chamber - 270 Montgomery Street Orientation . Welcomet the charette partnerst and introductions . City's vision, the project and baseline information . Charette - Goals and basic instruction - Team Captains Group Brainstorm . Planning Units (South, Central, North/Goose Creek, and West) . Greenway System Small Teams Breakout (4) Team Reports Collective Refmement Conclusions . Summarization of recommendations . Farewell and Thanks ,. MINU'res Woodburn Recreation and Parks Board Tuesday, June le,2004 7:00 pm City Council Chambers 1. Herb Mittmann, Chair, called the meeting to order at 7 pm. 2. Randy Westrick introduced Barbaro Nugent, Recreation Services Manager. 3. Roll Celli Members present: Herb Mittmann, Chair; Rosetta Wangerin, Vice-chair, Evan Thomas, Member; Ann Meyer, Member Member absent: Phil Lagao, Member; Staff present: Randy Westrick, I:>irector; Barbara Nugent, Recreation Services Manager; Paulette Zastoupil, A.A.. 4. Approval of MIMes from May 11,2004. Motion to accept the minutes was made by Herb Mittmann and seconded by Ann Meyer. 5. Business from the Audience: None 6. Friends of the Park Nominees Randy Westrick presented the board with nominees for this year's Friends of the Park Award. The nominees were: Erin Cramer, Willis Grafe, Brian & Diana~. The Board concurred with the nominees. Recreation and Parks staff will ask Mayor Figley to proclaim July as Park Month and she will present the awards during the council meeting on July 12, 2004. 7. Mill Creek Greenway Workshop Randy presented the slide show of the Greenway, which was shown at the Charette on June 2, 2004. He recognized Alex Stone, National Park Service and David Torgenson, Public Works, City of Woodburn for their contributions in the Mill Creek Greenway project. Dan Hoynacki presented the results of the survey sent out to the citizens of Woodburn in May. He tabulated 320 surveys and analyzed the results to the board, with walking as the number one activity choice for the greenway. Randy explained the Charette agenda to the Board and how each planning unit was planned in small groups. Mill C....k "'-.nway Workshop cont. Below are strategic points that each planning unit had come up with. South Unit · Parking Trailhead Central Unit · Proposed a tunnel and bridge · Loopi ng trails North Unit · Foot crossing · Interpretive center · Dog park Tributary, Goose Cre.k · Safe route to schools corridor · Suggested moving trail up the bank for flood control Tributary, Stubb ReI · Dual trail system for walking and biking · Connect trail with existing pclthways The board conducted a brainstorming session where these points were to be considered in future discussion and planning. · Paved paths · Width of paths · Dual Trails, walking and biking · Walking paths to shopping areas · To complete small sections of the Greenway at a time so public could see a completed part for reference. · Wetland protection · Decide what -multi-use- means · Area close to Senior Estates where no bikes are allowed · Resource will predict what kind of path should be provided · Overall layout complete to then refine · Maintenance of trails · Bike racks at designated areas where no bikes are allowed · Need to consult all city departments for input · Emergency access · Communicate to railroad This information will be used in the planning process of the greenway. 8. Future Board Busl... · July 13, 2004 meeting The Board will review proposed recreation and leisure service facilities revisions. 9. Board Comment None. Meeting was adjourned at 8:30 pm l' MINUTES Woodburn Recreation and Parks Board Tuesday, September 14, 2004 7:00 pm City COlI"Icil Chambers 1. Herb Mittmann, Chair, caned the meeting to order at 7 pm. 2. Herb Mittmann introduced new board member: Joseph Nicoletti. 3. Roll Call Members present: Herb Mittmann, Chair; Rosetta Wangerin, Vice-cbair; Ann Meyer, Member, Cristal Sandoval, Member; Bruce Thomas, Member; Joseph Nicoletti, Member. Staff present Randy Westrick, Director; Barbara Nugent, Recreation Services Manager; Paulette Zastoupil, AA 4. Joint Update with Greenway Task Force Randy explained that the plan was in a Technical Phase right now and gave a presentation with a walk-through of all five maps that make up the visual plan of the Greenway. He explained that the next step was to take the plan out to the community. Randy showed the Board where the .safe routes. to school had been identified and that grants were available to help build that portion of the plan. Bruce Thomas asked when the property next to Centennial would be annexed. Randy explained the City's process of annexation to the Board. Herb Mittman complimented the Task Force on their work to bring their ideas on paper in the short time given. Herb agreed that the next step was to present more in depth presentations to the community. Rosetta Wangerin commented on the dedication of staff and consultants. Randy stated that the next job the Task Force had is to break down the map into projects and then start putting price tags on them. S. Approval of Minutes from July 13, 2004. Motion to accept the minutes was made by Bruce Thomas and seconded by Ann Meyer. 6. Business from the Audience: None 7. Division Reports Parks and Facilities - Randy Westrick Randy shared that the Board has asked the department to update the Special Events Policy with collaboration from the Livability Task Force. Copies were given to the Park Board to review. This will be placed on the October and November agendas. Recreation and Leisure Servtces - Barbara Nugent Barbara shared that Mer School Club had started on September 7th, the first day of school with over 400 children in the program. The ASe staff had a full week of training which included lit Art, PE, Guiding Behaviors and Reaeation programming and First Aid certification. Barbara shared with the Board that Donovan had resigned with plans of continuing his education. The v~cancy for the Teen Scene Coordinator will dose on September 20, 2004. Barbara shared that negations were going to secure the Presbyterian Church for the Dance, Dance, Dance program. The Disc golf presentation was a success, and the Pre-school programs will be utilizing the Teen Centers during the day. Soccer started with 230 children registered, which puts 7 - 11 children per team. The soccer fields have been ra- configured so chileren will have more playing time. The football program is going and Saturday, October 9,6:00 pm will be their first home game. Ann Meyer stated that she had a complaint from a parent in which a pre-school program was canceled. Barbara explained that only 2 children registered and it was not cost effective to run the program at this time, but she has organized a cooperative playtime with these children and their parents at no cost until the program had enough participants. Aquatics - Steve Newport Report was in written form 8. Recreation Services Master Plan Barbara presented the Recreation Services Master Plan to the Board. She explained the necessary steps of the plan were to insure that all reaeation and leisure services had the components, framework and financial structure to meet the needs of the community. This plan is a vital component to the process of updating the Park and Recreation Comprehensive Master Plan. 9. Community Center Task Force Progress Report Randy gave a short report on the Community Center and shared that current meeting had been postponed until October 4, 2004. The Board discussed the Park Master Plan in which Herb questioned the expansion to the north and asked how it impacted the Master Plan, with 150 houses being built and the talk of 600 more to be built Randy explained the Neighborhood and Community Park process and the future of such parks would need to be projected in the Master Park Plan revision. Bruce suggested that if land needed to be purchase, it is best to do that now. Rosetta asked about the appeals with the State and the cities population projections and Randy assured her it was being worked out with the expectation of an official resolution. Rosetta commented that the plan had to be very thought out, Herb wanted the maintenance to be a top priority, Ann thought it was important to finish the new parks all at once and not construct them in phases. All Board members stated the need for bike racks and drinking fountains to be placed in all city parks. 10. Future Board Business · Special Events Policy · Board Retreat, November 17, 2004 at 5:30 p.m. 11. Board Comment Ann Meyer mentioned that Nelson Park had a lot of graffiti, and Cristal Sandoval asked if the "Graffiti Busters. were in force. Meeting was adjourned at 8: 35 pm .... MINUTES Woodburn Recreation and Parks Board Tuesday, October 12, 2004 7:00 pm City Council Chambers 1. Herb Mittmann, Chair, called the meeting to order at 7 pm. 2. Herb MittmaM introduced new board member: Brad Hutchison 3. Roll Call Members present Herb Mittmann, Chair; Rosetta Wangerin, Vice-chair; Ann Meyer, Member; Cristal Sandoval, Member; Bruce Thomas, Member; Joseph Nicoletti, Member, Brad Hutchison Staff present Randy Westri~ Director; Steve Newport, Aquatics Manager; Paulette Zastoupil, AA 4. Approval of Minutes from September 14, 2004- Motion to accept the minutes was made by Herb Mittmann and seconded by Bruce Thomas. 5. Business from the Audience: None 6. Division Reports Aquatics Division - Steve Newport Steve Newport reported that the annual one-week closure for cleaning and maintenance would take place October 23 - 31. On Saturday, October 22 there will be .Paws For A Cause- event in which people can bring their dogs to swim in the pool before it is drained for cleaning. This Friday, October 15 will be Dive In Movie Night, featuring Shriek II. The opportuni~ for evening swim lessons will begin in November, and approximately 500 -4 graders are now being given swim lessons. Parks and Facilities - Randy Westrlck Randy Westrick shared with the board that Thursday, October 14 he was meeting on the Pond Improvement Plan, and explained the permit process. Bruce Thomas asked for clarification on the permits and Randy explained that they were to deepen the pond to put a fishery in place. Herb Mittmann then asked when the permits were given, how soon would the work begin and Randy answered probably next summer. The Mill Creek Greenway grant applications are due in mid February and the beginning process will start in December. Recreation and Leisure Services - Barbara Nugent Report was In written form on Teen Scene. Randy shared with Board that Barbara was attending the National Park and Recreation Conference. 7. Special Event Policies Randy explained the revision objectives the Board should be looking at throughout the policy. · Develop speciflc .pre-approved" set-up plans that direct sounds away form residential neighborhoods. · Reduce acceptable park boundary dBA limits. · Limit the dJratlon of amplified soU1d. · Restrict the times and days of when amplified sound is acceptable. · Combinations of the above-listed measures. Randy also shared that the Uvability Task Force was also working on it and that Herb was planning to attend the next meeting. 8. Community Center Task Force - Kroc Initiative Application Randy explained the opportunity of submitting an application to the Salvation Army to build a Community Center. The City of Woodburn, Recreation and Parks are asking for 24 million doIIS'S, which will include a 12 million endowment The application asked for a split facility with an addition to the aquatic center and then another facility built at Legion Park. The feasibility application was due on October 1, 2004 and the Task Force will give a presentation to the Kroc Initiative Task Force on October 28, 2004. The Joan Kroc Task Force will decide on November 4, 2004 which of the applications will be going on to the development stage. Out of 10 westem divisions, only 7 or 8 application will most likely be accepted. The Board was in agreement that the application was a great opportunity for Woodbum but was concerned about the ownership of Woodburn's parkland. The Board agreed that the presentation should leave the idea open to just a one facility complex located at either park or the privately owned land on Parr Rd. The Community Center Task Force is meeting, October 13, 2004 to craft the presentation, and to select a presentation team. The chosen team will give a practice presentation on Monday, October 25, 2004 to finalize it. 9. Future Boa", Business · Special Events Policy · Board Retreat, November 17, 2004 at 5:30 p.m. · Next meeting on November 9, 2004 10. Board Comment None. Meeting was a~joumed at 8:35 pm l' Work.hop Meeting Notes Recreation and Park Board Wednesday, November 17, 2004 7:00 pm Recreation and Parks Conference Room 1. ~.nt Herb Mittmann, Chair; Rosetta Wangerin, Vice-ehalr; Ann Meyer, Member; Joseph Nicoletti, Member; Bruce Thomas, Member; Crtstal Sandoval, Member; Brad Huthison, Member. Randy Westrick, Director, Barbara Nugent. Recreation Service. Manager; Steve Newport, FactlitJes and Aquatics Manager; Dusky Steya~ Teen Scene Program Manager, Paulette Zastoupil; AA 2. ~ Rosetta Wangerin started the group off in an actMty.~ pean". Each person chose their favorite color of jellybean. Rosetta shared what each jellybean represented in ~ity trait.. By using these jellybeans she conveyed that we are all different, with different styles, whether we work. play. live or learn. 3. eoard Ooerattsm Randy reviewed the Boards responsibilities. Herb Mittmann reviewed meeting attendance and stated that he e~ each member to call if they need to miss a meeting. Bruce Thomas $uggested they look into a training on RQbertJ RYJu Qf a~er. Bruce Thomas also stated that when the meetings are televised, it is very Important to remember that the Board Is sending out a message to the community. 4. IatalII Events pgU0( The board went through the existing poticy and discussed what needed to be changed. The Board discussed the sound at the parks and the variab1es that dictate the sound dBs Is hard to d$termine such as weath&r, wind. placement and size of speakers etc. The Board agreed that they need more experience with dBa before policy change. It was suggested that next fall they would take the new collected data to the City Council. The Board also agreed that the duration of an event should be considered. 5. ~ City Council Goals Randy explained the concept of the Council Vision, and how almost every city project starts from this process and planning. WRPD - 03.04 Major Objective. Randy shared with the Board what projects have been finished this year and the one that are 8tlll being worked on. Randy shared that the permits for the pond is a slow process but still moving along. Discussion on Legion Park and the new Pollee Facility and Herb stressed how crucial the planning process was at this time to Include park expansion In the future. He shared that he was on the committee to protect the Boards interest. Communltv C8i1W The Community Center Task Force is meeting on December 8 to continue the plaming process. On December 14 a working plan will be discussed. Randy shared with the Board a chft of 8 detailed map of the MiD Creek Greenway Trail through Woodburn. Randy tDCplalned he state has projected the growth for Woodburn'. population at 34,000 by yetJI' 2020. He stated that the Comprehensive Plan will need to be revised to justify the purchase d park aaeage. The Camp Plan will include a Recreation Plan and the draft will be ready by June 2005. The Board agreed to follow the planning of the Pollee Facility. Randy explained the 20 yr and 6 yr CIP. and the SDe system to the Board. Steve Newport reported on the Aquatic Center plans for 2005 · Resurface the pool · Removal of the front COWlter and remodel guard office · Put in exercise equipment for revenue · Add aerobic programming for revenue · Partnership with Woodblm Fitness Center · Work with the High SChool to include Uf~uard and WSI in the curriculum · Expand school group swim lessons to ~ grade · Paint mural on swimming poll waD and locker rooms Barbara Nugent shared her Budget request and Justification for the Leisure Services DMslon. (attached) ~ · Community Center · SDe revision · Complete Hermanson Pond · Complete Centennial Park · Re-open Aquatic Center on Sundays and afternoons · Coordinate Legion Park and Police Facility · Acceas the health of park trees Future Board Business Next meeting - December 14. 2004 · MID Creek Greenway Maetel' Plan Draft Review · Special Event PoUcl81 Revision Recommendation Board comments None .,. MiD Creek Greenway Task Force Meeting Notea January 11. 2005 Membert present Alexandra Slone. Randy Westrick. Dan Hoynackl. Richard MorrIs, NSI'q KIrksey, David Torgeson, Jan La Follette. Rosetta Wangerin, Brad Hutchison, Robin Straughan, Jeane Mey 1. Call to.order Informal start at 6:00 pm. 2. Mill Creek Greenway Review ~ gave a Power Point presen1atlon that showed the TasJ(s Force work to the present. The committee had the opportunity to review and the following points were added. · Trail heads need to be integrated with the City bus route · Decision to be made on how trails wiD be marked · Name change suggested for Hermanson I. " or III 3. Mill Creek Greenway Task Force Priorities The Task Force was asked to come up with project priorities including the implementation and construction of the greenway project. These priorities will be put in the final draft in February. Adjournment 6:55 pm Next meeting February 8, 2005 WOODBURN Incorporated 1889 o R I: (; 0 N August 5, 2003 MichAel Linde Lead~ Putnenhip Prognms National Park Service 909 Fint Avenue Seattle. WA 98104 Dear Mt. Linde: SUBJECT: REVISED NPS R.lVER.S & TR.AlLS APPUCATION LE1TER - MIIL CREEK GREENWAY MASTE.R PLAN With this letter, the City of Woodburn requests assistance &om the National Puk Service Rivers, Tnills and Conservation assistance program. Information describing the project is provided bel~ 1. Project Title and Description The Mill Creek Greenway Master Plan project seelu to develop a comprehensive guide to the acquisition, development, public use and management of Woodburn, Oregon's six-mile long greenway corridor. The Woodburn Recreation and Pub Department will be responsible for implementing this project in concert with other City Departments, private property owners, interested public agencies, individuals and special interest groups. The Mill Creek green way includes a six-mile corridor that connects City parks. schools. neighborhoods and" a downtown business district. With consideration to the sunounding neighbomoods. the plan should consider aU the pressuUa on the watershed including: C Recreation; C Stotm water management; C Non-motorized traosportation; C Flah & wildlife; C Outdoor education; C Private property concerns. C Scientific explontion; C Utility rights-of-way; and o Water quality. This project is a priority. The City's 1999 Pub and Recreation Comprehensive Plan Update states in Policy 5 that it is the City'. policy to manage the Mill Cteek corridor aa public gtccnWlys and pathways. Policy 6stt.tea that the City\ policy is to provide. continuous pubHc greenway and pathway system and to acquire privately-owned segments and seek dedications of floodwa)'land aeek comdon for natural ueaa. neighborhood recreation uea.a. open 'paee ancl tnnsportation. The Mill Creek Greenway MAster Plan should provide the City with . specific and strategic: phn to rutfiD. PoUdea S & 6 of the 1999 Parka and Recreation Comprehensive Plan Update. Located in the North Willamette VaDer 17 mDea north o( Salem and 30 mDea south of Pottla.neJ, Woodburn 11 a growing City of 2t.000 people. The Oty'a hedtago it d1vene. Woodbum iI the R.ecra.doA aa4 .arb DepartmeDt 1.70 MOfflputy Strut · \VooJhrll, 0"P' "01f PII. sos.,U.1114 · F" SO.J.9U-,Z44 "It ,,- '. Rnbed NPS lUTen k TralIa AppllcatlOll Letter. Mill Creek Greca"., Muter PI.,. .2. largest City in Oregon with a Hispanic majority (51%). Approximately 11 percent of Woodburn'. population is Old-believer Russian. Because Woodbutn'a neighborhoods are ethnically mixed and because the MiD Creek Greenway coutSes throughout much of the City, the project wiD serve about half of Woodburn', residents. The Mill Creek Greenway is located no more than flVe bloclca &om about half of Woodburn', residences. The City has taken specific measures not only to communicate with our Spanish speaking community. but also to reach out and involve Spanish speaking residents in policy making processes. Last year, the City hired Javier Perfecto.. Public Information Officet. Javien duties include tnnslating public documents and information materials and maintaining lines of communication within Hispanic communities. Javier haa also developed relationships with Spanish language media tlut the City uses to disseminate information and promote programs. His efforts to help the Recreation and Parks Department have been very effective. Javier routinely translates meta and other Department promotional materials. He was inst:rutnental.in developing a connection with the Hispanic community as a put of the Recreation and Pub Board's recent community park master plan process. The City has had sporadic success in implementing the Park and Recreation Comprehensive Plan Update's Policy 5 and Policy 6. Currently the City owns about one linear mile within five undeveloped parks and other properties. Minimal development haa taken place on these sites. These sites contain no fomWly developed tnils. Most of the properties were acquired .. part of park acquisition negotiation or were dedicated by developers. This summer :md fall, three significant projects will begin. Q On July I, 2003, a wetland enhancement project will begin. This project wiD enhance wethnds in Hermanson Park m. A local developer will construct the project to mitigate wetlands significantly disturbed during the construction of a residential subdivision. Q The City is completing negotiations with a property owna: for a parcel neighboring Legion Pm. This property includes about V.. mile of front2ge on the Mill Cteek Greenway, thereby doubling the Greenway length bordering Legion Park. CJ The City has q1Wified for a Wildlife Habitat Incentive Program (WHIP) grant totaling $50,000. Working with the Natural Resources Conservation Setvice and the Madoa Soil and Water Conservation District, the Woodburn RecreatioD and Pub Department will utilize a put of this grant to develop a aite plan for the improvement of Henn,"1OA Pond Gtant monies are also available for the construction of habitat improvements. While the Park and Recreation Comprehensive Plan Update lists Greenway development.. . priority, mote progress toward implementing Policies 5 & 6 haa not been accomplished for a vadety of reasons. F'tnt, park planning and development efforts as well as budgetary .resources have been devoted to other priority projects. This include. construction of a 25-acre sporta park and a skate park. Secon~ the City has been relUCt2.nt to sWt projects, apply fot fuading and commit budgetary resources to the Greenway without a good muter plan. The HermauoQ Park In project WI' approved because it included a complete plan and was completely MU:led. The City would have lo.t the opportunity had action Dot been mkea in 2001 to approve the project. The WHIP provides funding for habitat improvement and specific site pbnni05 Again, these projectJ were pW'lued to take advantage of opportunities that -would otherwise be IOlt if t.cUOD wete not taken. l\MIecl !liPS RIven Ie Trail. AppllcatlOD Letter. MID Clftk Greeaw.J Muter Plaa .). ..,..., 2. Resource Importance Thc Mill Creek Grecnway is sccn as a nluable resource throughout Woodburn. Many neighbors who live along the greenway appreciate the wildlife, open space and ICea.ic views. The greenway is importlnt in managing storm water within the City. The City's Pula and Recreation Comprehensive Plan Update notes that some propertiea could serve II ndghborhood parka in arets that do not have neighborhood patb nearby. Loal school elallset have used the grecnway as a laboratory to study biology. ccology and water quality. Recently, Mill Creek has become the site of intense scientific interest. Scientific digs in Legion Parle and along Mill Creek's tributaries have unearthed Ice Age bison, sloths, beat; beetles, mammoth, dcer. elk and other an.imala. These digs have uncovered evidence of human habitation in the area nearly 12,000 yean ago. This evidence includes human hair and crude tools. A scientific project sponsored by the Institute for Archaeological Studies found a newly identified lee Age bird species, Teratomis Woodburnmris. TbiJ Teratom wu an ancient bird of prey with a wingspan tobling more than 14 feet. 3. Anticipated Resulu The City seeks to develop a master plan that prioritizes and babnces the interests of each of the activities listed in item 1. The plan should pwride a frameworlt to ~ develop and operate the greenway as a system. This framework should provide a basis to justify funding from local sources and outside grants to acquite and develop the property. Specific elements of thc plan should provide the fonowin~ a A detailed map that shows the route of an d-weathCJ; non-motorized pathway; a Descriptions of levels and types of development and recommended a.ctivities fot each segment of thc Greenway; C Strategies for acquisition; Q Punding sources; Q Recommended phasing program; and Q Acquisition and construction costs estimates. The process of developing the pbn is important. Many of the propettica cua:ently in Oty ownership and properties that could be in City ownership bound private residential pmp~ It is impormnt that the plan promote the values of stewarding this natunl telou<<e, reaeation, urban wildlife, wise .&naMgemCOt of stor.m water. phyaical fitnesl and non-motorized transportation. The planning process should build . aeoae of COO"Mnnity owneahip that stimulates public involvement in each phase of project development. Local scouting groups have expressed interest in helping to develop tnils, sttuctutes and intetpretive and access facilities within thc Mill Creek Greenway. 4. Support for the Project The project enjoys considerable local public support. Below 11 a matrix that identifies loc:a1, state and fcden1 governmental and nonprofit organizations and how they are interested in the project. ,.. Rcvlsc4 NPS lUvm It Tralll Appl~tloa Letter. MID Creek Greta"., Muter PI... .... ~ ~- ~ , ' Woodburn City Council ~m Recreation and Pub Board ~um &creation Ilnd Pub Deputment WoodburD Public \ll4brb Department ~ School Dittdct &,s Scootl of Amedca GRCaWaJ ocigbbora Madoo Soil and Water Cooservatioo District Natunl Retou<<e Coasenuion Service O<<goa Deputment of FISh " Wi1d1ife v.bodbum DowntoWn ~~ Otegoo Pub and RA:aeatioo Dept. Odes of Hubbud "Auton. SlvatoaHospital The City Council hu placed I priority on developing the grcet\w.y corddol' for multiple use. indudinR recreation, non-motorized tl'InlpOCtabon Ind storm water management. The City Couaci hu adopted. redulion io INpport of the A Hcadon foc AnlItancc 1ft late or Au It. WRPB " appointed by the City Council to telviIe the &creation Ind Pub Dept. and Couaci on reactdon. park and opea IpICc matted. The Board is ccady to convene mcctinp and hold meetings IS . part of the Mill Creek Greenway pJuninc IOCeII. WRPD is the managing aceocY that willlmplement the plan. The Deputment will coordinllte all community outreach. including mdinga, prell rdeues and public: preaenbbona. Through WRPo. Cunding II avaiJabIe through the City'l Pub and Recteation S ItcmI Dev meat Cb WPD bas an iotl:mt io managing the storm water that Mill Creek cardes. They alto Implemeat the CitYI Transportatioo Plaa that ideotifiel the grecoway III . IlOD- motorized ~ WPD wi! have Itaff available to help integrate tmasportadoo aad ItonD water t into the Malta Pba. WSD duaca use the ga:caway U Illaboatoq ud Me Interested in the pIasmloa and ent of the reIOUlU. Loa! Scout troops ale intelelted in puticipt.ting In the planning and development of the penway. Seveal &gle Scout ca.odidatca have expressed inteseat io coaatructioa roO in the MOlt resideatiallleigbbon witbIo the corddor are intelest1:d in ill fubUe. Wheo WRPB reviewed plaos for the HetmanlOA m enhancement project. they 'Wtked with about a dozen n' bora to balance intereslland devd a wocbble MSWCD has provided techDkal assistance to improve babitM along the Creek. ThCJ wiJl usist the City with obt:aining funding through the Nl\.CS and Oregon WAtetshed &hancement Board. Approved a $50,000 WHIl' grant for the Mm Cteek couidor. $1,000 w.u spent tin . widUn the _ in . Park. ODPW is intensted in establishing a wum water 6ahcry in Hcsl1W1SOll Pond if babltu COl1ditioo& Me somL The ~ iI oo1y. few ltepa from Woodburn.. downtown busioeu diatdct The WDA bas u interelt 10 in lana to the ftIOUl'ce, OPlUYa tmiIs DmaioD caa provide tccbllial uaistaac.e and tail ~ Fuodio.g tbloagb OPRD illIIo aniIabIe tIuougb the Land at WAter Coaterntioa Puad aad Loail Gcnanmesat Gaat n.c.c Cities Me dawDatIcuD from Woodbuna 00 or aeu the MiD CRek coaldor. have Incaat in . Ie . cormectia tnD. Sivertoa HOIpitaIIs . partner with WRPD OIl sevenl pIOjcct& The HOIpitlaI donated MODCJ toWIRI construction of the Cky's S~ Pull and is . co-tpODsoc for the: City'a annuM fami1y fun roll. They ue wi11iag to help the City promote pbydcal fitneu WIlkin and b din In the tail tern. Enclosed ate letters supporting this request for assistance. Also enclosed is a City Council resolution supporting the project. 5. Rivets) Trails and Conservation Assistance Program Role Woodburn's Mill Creek Greenway comdor is J nu.gnificent untApped localrelource. AI outlined within thille~ of application, it can sene many different interests in many different W\ya. ,. .. J\nbecl NPS Nvc,. It Tnlla Appllcatloa Letter. Mill Creek Gree"".)' Muter PIaa .5- The City leeks RTCA assistance to help develop. plan that balances theae interests and guides the funding. specific site planning. development, management and public use of this reaoUfCe. Thank you for your interest in this project. The wise development and use of the Mill Creek Greenway is important to our future. This resource can make Woodburn more atthcttve. provide a place for recreation where we can become healthier in mind and body and the greenway can be t. place where \IIle learn to appreciate the natural world uound us. If I can offer any more information OD Woodburn or this project, please do Rot hesitate to call or write to my e-mail address at randy.westrlck@d.woodburn.ofous. Sincerely, ,()# Il-A-. ~ D RmdaJI Westrick Recreation and Pub Director End. f ) 1" ..- - " COUNCIL BILL NO. 2467 RESOLUTION NO. 1732 A RESOLUTION SUPPORTING A LETIER OF APPLICATION FOR TECHNICAL ASSISTANCE TO THE NATIONAL PAR]{ SERVICE RIVERS AND TRAILS PROGRAM. WHEREAS, the City's Parks and Recreation Comprehensive Plan Policies 5 and 6 calls for the City to acquire and develop a continuous public greenway and pathway system within Mill Creek Greenway corridor, and WHEREAS, significant public interest exists in the Greenways for recreation. fish & wildlife, storm water management, non-motorized transportation, education and open space; and WHEREAS, a broad cross-section of Woodburn has expressed interest in Greenway issues including W oodbum School District, Scout Troops, OSU Extension, Silverton Hospital, W oodbum Downtown Association, various Greenway neighbors and Marion Soil and Water Conserv~tion District; and WHEREAS, the National Park Service Rivers and Trails Assistance program provides technical assistance to local communities to help aCcomplish specific recreation and conservation projects; and WHEREAS, the City of W oodbum d~ires to participate in this technical assistance program to develop a master plan to guide the acquisition, development and operation of the Min Creek Greenway; and . WHEREAS, the Woodburn Recreation and Parks Department has submitted to the National Park ServiCe a letter seelnng assistance and will provide staff support and coordinate community outreach for the project; and WHEREAS, the Woodburn Recreation and Parks Board has reviewed the Recreation and Parks Department's letter seeking assistance from the National Park Service and supports the project; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: That the Woodburn City Council supports the Recreation and Parks Department's letter requesting technical assistance &om the National Park Service. Approved as to ronn:=b.~ ~ ~ ... ~... t S - '2" 0 X . N. Robeat Shields, City Attorney Date Paso 1- OOUNCIL BILL NO. 2467 RBSOLtmONNO. 1732 . , , , Submitted to the Mayor July 28. 2003 July 30. 2003 Passed by the Council Approved by the Mayor July 30. 2003 Filed in the Office of the City Recorder ATl1!Sf: ~ ~~ Maiy City Recorder City ofW oodblll11. Oregon July 30. 2003 ( ) \ pago 2 - COUNCIL BILL NO. Z467 RBSOumONNO. 1732 'It au BXTENSION SERVICE Marlon County - . r' l ) . ORECON STATB U'UVEISITY MaIIng address: PO Box 7695 Sf~) 0fe00t197303-0161 -.' SIll McIresa: Marton County Fair BIdg KK Oregon State Fairgrounds 2330 1~ St NE Salem. ()regon 97301 .,)803) 803-687-7897 File (503) _1e59 tt\IIII: ~MlOONtate.edu July 18, 2003 Randy Westrick ReoreaUon and Parks Director City of Woodburn 270 Montgomery Street Woodbum, Oregon 97071 Dear Randy: This letter Is In support of your request for technical assistance from the National Park Service to develop a Mill Creek Greenway Master Plan through the national park Service RIvers & Trails Program. This effort directly Ues to my work with Sustainable Communities to build capacity, Improve livabll1ty and quality of life In Marlon County rural communlUes. Speclflcally, I see us linking In a number of ways on other projects that I either manage or to which I am connected: 1) Cascade Scenic Railway, Inc. passenger excursion service, when operational, win bring visitors without vehldes to downtown who are willing to explore community trails and other economic activities In Woodburn. There are also several economic development projects and educational components that link with Chemeketa Community College Woodburn Campus. 2) Restoration Wednesdays Youth Watershed Education and Work Program - High school students hands-on work and learning about natural resource enhancement and management and Its role In creating a sustainable community In harmony with Its environment. 3) nUe III Mer-school watershed Education activities could also Include a laboratory opportunity for the Watersheds. Wildlife and What-Not after-school science class. but .... special program for Woodburn students can be created (and supported through this grant for transportation end other educational costs) so that youth can be Involved from planning to Implementation to maintenance of the greenway. 4) The SHver Falls Tour Route, of which Woodburn 18 the anchor community. will be working to upgrade their national status 88 a scenic route. It Is also tied to T -21 funding for potenUal enhancement proJects with communlUe8 along the route. 5) Ongoing work with the Pudding River Watershed Council and its efforts to complete Ita assessment of the watershed can help bring other local partners to the table. Additionally, Randy, I would be willing to serve on an over site plaoolng committee 88 well 88 assist In faclltatlon and outreach to broaden the partnership with other regional entities, and . can contribute up to 3 hours per month of my time to the project. Please let me know If I can be of further assistance at this time. Best regards, lJJw t#~. Dan Hoynackl ~ 4-H Youth. FamIy & CommunIty o.v~ Forettry and ExteneIon Sea Grant PIOQf1II1I. oregon Sta.. UnIvetIIty, Unlted Statet DeputmenI of AorbAn, and Oregon counaee oooperatIng. The ectenslon 8tMoe offnltl PfOQrImI and rnatertalt equally to .. peope. "J\tl(wila \ },~ fiw II E..:\LTJ'1 ...d ~dr:I)/( ~lN E 693 Glatt Circle Wllodhurn, OR 97071 I>laRllolltlc ImaRing Suit\.' I (~01) 982,"862 Women'. Healthcare Professionals Sult~ 2 (503) 982-0828 Center FM Womens'l Health Suite 3 (503) 982-'1877 Medical Specialilta Suite .. (SOJ) 98-2""1878 /.- '\ Nutritional Counseling , . Suite 4 . (S03) 982-4879 Community Health Education &. Outreach Suite S (S03) 982....571 ~...... .' July 17, 2003 Randy Westrick, Director Woodburn Recreation & Park Department 270 Montgomery Street Woodburn, Oregon 97071 RE: Mill Creek Greenway Master Plan It Is our pleasure to offer support for this extremely worthwhne project which wi. enhance the health of the community. Tukwlla Center For Health & Med1cIne. 88 a part of Silverton Hospital. is proud to be a Iong-standlng-partner of the City of WOOdbum In CCHponsorIng the Annual Waifs Run and providing financial assistance to such projects as the Gazebo In Settlemler Park and the newly-opened Skate Park. Our many coUaboratlve projects with the City and Woodburn Together to promote the livability of the community 1n support of children and famlHes certainly help make Woodburn, "The City of Unity". a community that truly values its diversity and provides activities for all. Our Center provides many programs for the enhancement of the health of our vanous populations. Many of our outreach education topics. such as Diabetes, Cancer and Stress Management constantly preach the edict of nutrition and exercise as a way cI combating or preventing disease. The clients of Tukwlla Clinical Weight Management and the Tukwila Fitness Center would benefit greatly from additi0nai trails and waDdng spaces. CUrrently there are few places In WOOdbum to be able to walk that 8re not sidewalks bordering busy streets. Most of the clients that we see In our programs are either seniors or people for whom walking Is the best exercise either because of Rmltatlons caused by obesity or health restrictions. Providing a greenway would enable these community members to get the exercise they need In 8 very pleasant local setting. Overweight and obesity are problems of mounting Importance and we fully support any and all efforts to make our community -exercise friendly'". : . . ~/. ,.. ,1''''' ..... We win also promote In the plaoolng, construction and operation of the system through our community publications and visible visibility c:A our support In the meetk'lga held here at ow Center and would be wtllng to participate In any public forums or committees assoctated with the project. This 18 really a good Idea to promote the health and well-beIng of Woodbum'& femlHes and slgnlffcant senior population and we will anxiously await Its availability for referral d our clients. Sincerely, c~~ Cathy HeIsen. RH, MBA Manager, Community Health Education & Outreach ,,~, ,BSN Director, Women's Health & Clinical Weight Management Program ( ) I I " \ \ . . . . . . . . . Jou Ouml 1040 WI1aoa Woodbum. OR. 970'7\ (503)981,6140 July 25, 2003 \ , Randy Westrick Woodbum Recreation and Parks Department 270 Montgomery Street Woodburn, OR 97071 Dear Randy: Thank you for telling me about the City"s plans to create a master plan for the Mill Creek Greenway. Our family has lived next to the Hermanson Park m section of the Greenway for the past 13 years. The Greenway bas a great deal of potential to give all ofus in Woodburn a place for recreation, walking and bicycling and to enjoy nature. Our neighborhood has many families with children. We have no developed parkland or schools where children and families can go to play. The Greenway properties hold potential for playgro\Ulds, playfields, picnic areas and otbec . recreation facilities that our neighborhood needs. Completing walking and bicycle trails win provide our neighborhood with needed links to the rest of Woodburn. Many of the streets in our neighborhood were constructed without sidewalks. These trails will give families safe places to walk and bicycle. Again. thank you for rowng us aware of this project. We look forwud to participating in public meetings that win shape this plan and seeing tho Oreenway developed as a place for families. p~ Joan Garren ~~'..,. ;.: .. ';' ........'11 ~t" ,.... ~ ,',lio1;: "I\!'t: ""f ~"'i,'f., ~'t~ .. .' i ~"" r~7 ~'...... ':ot). , :.1-4 ~.."-.,,~. ~~,,~'. :,": ~. '-..~).':':'~ :f......i,.~<.!~.........~.; ;,":.... \", l. "'.~ ~\' ~. j:,~/.'r ~"'.titf'....\" I'~' . ...,....,..t~..-t.1~~"Qr1 . . .\4f"~ ... '- :~r1;'\':'<~.\ .:;.;rJ:~,'~';:3."(,~';i'/~'.:>'~~;:'/':'. ", :".,': . . ::"~~ ". , . . . . . . . . . . . . . . . . . . . . . . . . 1" ~ r '. \ Marlon Soli and Water Conservation District 3867 Wolverine St NE. Suite 16 · Salem. Oregon 97305 · Phone (503) 391.9927 · Fax (503) 399-5799 National Park Servicet Assistance July 28t 2003 To Whom It May Concern: The Marion Soil and Water Conservation District submits this letter to you in support of the City of Wood bum's grant application to develop a Greenway Master Plan. ( ) Part of the mission of the Marion Soil and Water Conservation District is to support residents throughout Marion County in developing riparian areas and greenways. Tho District does this by providing technical assistance, education and assistance in obtaining grants or cost share funding. Randy Westrick, Recreation and Parks Director for the City ofWoodbum, contacted the Marion Soil and Water Conservation District in June 2002 for ~e above mentioned assistance with the Oregon W at~hed Bnhancement Board's Small Grant Program. After discussion with the USDA-Natural Resources Conservation Service, it was decided that the Wildlife Habitat Incentives Program (WHIP) would better meet the needs of the City ofWoodbum. WHIP p~vides funding for the purchase and installation of plants in riparian areas. Projects like these are also important to water quality and wildlife around watersheds. The City of Woodburn's WHIP project began this spring with a 2.5-acre tree planting project, and it will continue over the next few years with other watershed restoration projects along the Min Creek greenway. The City of Woodburn is part of the Mill Creek Watershed, which is part of the Pudding River Watershed. Mill Creek flows into Senecal Creek, which in turn flows into the Pudding River near Aurora. The Pudding River Watershed is habitat for the Upper WiUamette Steelhead, listed under the Endangered Species Act. The Pudding River is also on the Oregon Department of Environmental Quality's 303(d) List for water quality limitations due to baeteria, high temperature and toxins. Finally, a few miles below Aurora, the Pudding River discharges into the WiUamette River in what is known as the Newberg Pool The Newberg Pool area is presently under intensive study to determino the cause of fish deformities. The City of Woodburn has been proactive towards streamside management and improving riparian habitat, and the Marion Soil and Water Conservation District is committed to helping them reach these goals. The National Park Service's grant would greatly assist all the stakeholders to address these watershed and riparian concerns. Sincerely, ~~- Monto Graham District Manager CONSERVATION. DEVELOPMENT - SELF-GOVERNMENT ( I INSTITUTE FOR ARCHAEOLOGICAL STUDIES 4235 S, W. WESTDALE DR. PORTLAND, OR. 91211 SOJ..292-59862 July 31, 2003 Mr. Rand)' Westrick Recreation and Parb Diroctor City ofWoodbum 190 Oarfleld Sb'cet Woodbum. Orcson 97071 R.e: Master plm for the Mill Creek Oreenway Dear Randy: TbanIc you so much for kc:cping us infonned on the City's plans for the Milt Creek drainap. M you well know, this is a phonomenaUy important paleontological and palcoarcbaeoloBical resource area. Please ~l free to share our annual reports with NPS. The fact that the Mill Creole area of Woodburn represents an intact stratigraphic; record of the last 12.000 yem is ilnprcssivc enough. ( -) But, whon you add the mesafaW1al, botanical and archaeological material contained within these s1rata. tho area's signiftC&llCO can not be ignored. Additionally, PS 1hc WoodbWll area was imprde4 by tho Missoula floods, tho dtainap also hu significance for any Ice Ago Floods in1crpretive wort. Obviously, tho flood deposits are also intact at Woodburn. ~ ( discussed with your planners at OM point, tN$ 4raioaSO woul4 be tho idcal1ocatioft for an iatetpretivo c:eoter. The location of tb6 Mill Creek drainap puts it leu 1baa 30 minute. trom Portland. only 4 ",mutes oft'1Dterstato '. aacl near the Oregon Gardens. The area'. intact soils, contalnioa pelerdotosical. botanical attd pal~haeological deposits ue easily interpreted, an4 aro CldI.oly aipdfiOlllt to MSCarChen today. A Rancho LaBrea type of outdoor interpretive area would be wonderful, .specially wben linked to indoor oxhlbJ1ioDt of the roafore u it went throup changes &om ".000 yBP until today. Please do not hesitate to let NPS know that tho State repository Cor fossill will happily iDstaU exhibits of me~una. assist with sipase. and develop diol1lllUl$ fOf your audiCDCC. IAS. of cowse, wiU bo doll8bted to assist with the In)hacological tomponent Good luck with this cndc&vor. . /1 dkt~- 7' dr~ /!Y 4/. Alison T. Stonser, Ph. D. Dir~tor of R.csear~h 't ~.. .., I I \. . ~ Puddifig River WATERSHED COUNCIL July 30. 2003 D. Randall Westrick Woodburn Recreation and Parks Department 270 Montgomery Street WoOdb~ OR 97071 Mr. Westrick, I was pleased to hear of your proposal to develop a master plan for the Mill Creek Greenway. I work for the Pudding River Watershed Counci~ a group of volunteers interested in stream enhancement projects. The watershed council supports projects that wiD improve tho quality of streams for the benefit of recreation, wildlife enh9DCeD1en~ and imp-oved water quality. Woodburn is an important urban center within our area of interest and we would welcome an opportunity to be involved with the proposed Greenway planning and development C) Owing the past year I have worked with a local school on Mill Creek supporting their science education program on the natura1 processes of that stream. I am also a SOU and Water District employee, and I understand that in the past year, the Marion SWCD has also supPorted planting and restoIBtion activities in that stream. Through local'collaborations like these. I hope that Woodburn Parks and Recreation will be able to provide residents with these Vislon increased recreation opportunities and natural area enhancements along Mill A sustainable Creek. . healthy watershed Mission The PuddlnS River Watershed Counal wlU proYlde oppcxtunltJes for tJiose who live, work, play, and derive beneftta fron\ the . PuddInJ Rmr Watershed to cooperate in promodna the hearth of the watershea. and the social and economic benefits to the communiUes, and to ~tect and enhance the environmental, historical, and cultural aspects of the watershed. Sincerely, Scott Eden Pudding River Watershed Council Coordinator 38e7 WoIvtdne StreetNl.Su1te 16 Salem, OR 97305-04287 5OS-566-S918 ,," { D. Randall Westrick Woodburn Recreation and Parks Department 270 Montgomery Street Woodburn. OR 97071 Dear Mr. Westrick. It has been brought to our attention that the City ofWoodbum is seeking to expand on the Mill Creek Greenway project. This is a highly important project for the community as a whole and will increase the opportunity to expand educational opportunities for everyone. The importance of the Greenway and the Archeological sites along it may provide an opportunity for expansion of educational programs. ( I We consistently seek opportunities to develop partnerships in an effort to expand educational opportunities for the Woodburn cOmmunity. The Mill Creek Greenway project will provide an opportunity to expand that partnership. The continuance of Archeological digs is important as well as other activities. such as health and fitness trails and nature studies related to the ec0- system. These opportunities will be available for everyone in the community and will greatly enhance the quality ofllfe for everyone. Chemeketa Community College will work in a partnership with the City of Woodburn in offering any educational opportwrlties that will benefit the community and serve the mission of the college. Sincerely, _~~/k~ H Franklin, Director Chemeketa Community College Woodburn Campus WOOClWRN e&nER I 120 E. lI'ICON STREET I WOOO8URN. OREGON 97071 I PHONE: 503-981-8820 ,. I' i \ Woodburn Downtown Association P.o. Box 349 Woodburn, OR 97071 Tuesday, July 29, 2003 Randy Westrick Recreation K Parks Director 270 Montgomery Street Woodburn, OR 97071 ." The Woodburn Downtown Association has learned that the City has requested technical assistance from the National Park Services's Rivers and Trails Program to develop a master plan for the Mill Creek Greenway. The Downtown Association is in support of this request. ( ) The Mill Creek Greenway provides unique opportunities for nonmotorized transportation in our community. In fact a tributary of the Creek passes very near our downtown district and will create valuable link between downtown and residential areas. An asset such as this will bring a collective benefit to the community at large. currently there is no defined walking area in Woodburn. We have several tree lined streets, but many of them have high traffic. The opportunity to develop a low noise, no traffic walking and biking path with water would enhance the livability of Woodburn. OUr Association looks forward to working on developing the plan. We look forward to working the City as well as other organizations and individuals to create this plan. ~ Bruce Thomas President of WDA .') a '"' .b -, (' .. Memo I ' \ WO.OpBURN 11'0"0,.,,1 f", RIDEA.'1r.tl >>op.AllCSDBPAXI\ENl'.mM:'tnGc:N!a.YS\'II!EI'.WOCXlIUIN, ClIlB::;Q.l 9'iV71 ~ (5m) 982-5265 · PAX: (S03) 980-Ut& DateI February 26, 2004 TOI From: SubJecta Greenway Task Force _ _ ) D. Randal Westrick. Recreation and Parks DlrectoI'~ VIsIon Development In addition to the general direction the 1999 Plan Update provides, the Recreation and Parks Board and an Informal meeting of Greenway advocates have estabnshed a list of Greenway Issues. This list Is outlined below. The Task Force Is encouraged to review and amend the list { ) . Seniors . ScIentific . Public Utilities . Water Quality . Transportation . Wildlife Habitat . Private Property With consideration to the general policies and standards from 1999 Plan Update as weD as other Issues Dsted above, the Task Force Is enc:xx.raged to develop an over-archlng vision statement that desa1bes what the MiD Creek Greenway will look like and do for Woodbum when complete. The Task Force may want to discuss this item at the March 2, 2004 meeth:lg and finalize the statement In Aprl. . Stewardship - PubllcJprivate . Art/photography . Education; K-12, regional, statewide . Open Space ,. MILL CREEK GREENWAY MASTER PLAN DRAFT - OCTOBER 20, 2005 GREENWAY TASK FORCE PAGE 2 Mn..L CREEK GREENWAY MASTER PLAN Draft - October 20, 2005 Greenway Task Force 1. Executive Summary The City's 1999 Parks and Recreation Comprehensive Plan Update outlines policies regarding the Mill Creek Greenway. These policies state that the City will manage the Mill Creek corridor as a public greenway and pathway that includes open space cycling and walking, nature study and recreation. The Update further sets as City policy that the City will acquire privately owned segments to provide for a continuous, publicly owned greenway and path system. In 2003, the National Park Senrice's (NPS) Rivers, Trails & Conservation (RTCA) agreed to provide staff assistance to help draft a master plan for the Mill Creek corridor and tributaries. Ten letters of support from local organizations and individuals supported the City's application for technical assistance. To assist City and NPS staff with the project, Mayor Kathy Figley appointed a IS-member Task Force to provide a public forum for the effort. The Task Force assiste<t,with gathering base data, a resource inventory, conducted workshops and a public survey, reviewed work product and advised staff and Recreation and Parks Board on Greenway related topics. The centerpiece of the Mill Creek Master Plan is a backbone trail that runs the length of the City from the south near Hermanson Pond to the north near the Tukwila Golf Course. The backbone trail is multipurpose that will be designed for bicycles, walkers and light maintenance vehicles. The same type of trail also extends along the Goose Creek and Southwest Tributaries. Primitive pathway systems that support natural trails are proposed for the Hermanson Pond area, Legion Park and Woodburn High School. The Legion Park section is the site of significant paleoarchaeological discoveries. This area has opportunities for unique environmental interpretation of natural history. This plan is intended to provide a basic roadmap to accomplish the policies prescribed in the Parks and Recreation Comprehensive Plan. 2. Background & Context In 1946 the foundation for the Woodburn Recreation and Parks Department was established when a partnership that included local churches, civic organizations and the City established the Recreation and Parks Board to oversee the management of the City's first park, Settlemier Park. The City's park system continued to grow as a group of concerned citizens helped to purchase property and set aside Legion Park as a public park. From the time it was established, the Recreation and Parks Department has enjoyed significant public support. This support was demonstrated early in the Department's history I t t t Mill Creek Greenway North Tributarv: Goose Creek Existing Conditions and Proposed Options (Results of June '04 Workshop) Note: Map Not to Scale * · · · Existing on-street bike routes and paths Proposed on-street bike route .- .-.- Existing off-street paths - - - - Proposed off-street paths ........ Proposed Multi-Use Interim Route =c=o=o= Future Road Mill Creek & Tributaries r---'-1 Mill Creek Floodplain L._._.... r.-..__a-= : i City Limits '_.._....._1 ~ T J( . 11 Proposed Access-No Parking Proposed Crossings City Owned Land ~ Parks _ Schools ..... Proposed Access-Parking Notable Landmark Proposed Play-Picnic Equipment I I t ~ f Mill Creek Greenway Mill Creek: West Tributary Existing Conditions and Proposed Options (Results of June '04 Workshop) Note: Map Not to Scale :1\ . · · Existing on-street bike routes and paths Proposed on-street bike route .-.-.- Existing off-street paths - - - - Proposed off-street paths ........ Proposed Multi-Use Interim Route =,=,=,= Future Road City Owned Land Mill Creek & Tributaries ~ N !"-----! Mill Creek Floodplain Parks + L._.__.. _ Schools r--..-....:. , : i City Limits ....: . lll'4l'lllllldl.._II J( . II Proposed Access-No Parking Proposed Crossings ~ Proposed Access-Parking Notable Landmark Proposed Play-Picnic Equipment ~. I t t t Mill Creek Greenway City of Woodburn - Parks and Recreation Index Map Note: Map Not to Scale Legend + I Map Views r"-"-"" L.._.._j City Limits ~-1 Parks -.-.-.-.-) ! i Mill Creek Floodplain l_.._._.._o..l _ Floodplain Mill Creek & Tributaries -----" ~ ~ ~ - Mill Creek Legend Greenway ;;. . . . Existing on-street bike routes and paths r--'-" Proposed Access-No Parking , . Mill Creek Floodplain L._._.1 Proposed on-street bike route ,..-".--, South Mill Creek ~ Proposed Access-Parking i : City Limits .-.-.. Existing off-street paths .-..-.... Existing Conditions J( --- Proposed off-street paths City Owned Land and Proposed Crossings ....... Proposed Multi-Use Interim Route - Proposed Options + Parks , Notable Landmark ------- Future Road (Results of June '04 Workshop) 11 Mill Creek & Tributaries - Schools Note: Map Not to Scale Proposed Play-Picnic Equipment ~ .... ~ Mill Creek Greenway North Mill Creek Existing Conditions and Proposed Options (Results of June '04 Workshop) Note: Map Not to Scale Legend 1\ Proposed Access-No Parking . . . Existing on-street bike routes and paths ~._._., Mill Creek Floodplain L.___.i Proposed on-street bike route Existing off-street paths Proposed off-street paths Proposed Multi-Use Interim Route Future Road Mill Creek & Tributaries ~ .-.-.. '..-..--1 .... : City Limits -..-... Proposed Access-Parking Jr + II City Owned Land Proposed Crossings D Parks _ Schools ~ T ....... Notable Landmark Proposed Play-Picnic Equipment EXHIBIT "B" LEGISLATIVE FINDINGS LEGISLATIVE AMENDMENT 06-01 "Mill Creek Greenway Master Plan" I. PROPOSAL: The Mill Creek Greenway Master Plan was initiated by the Woodburn City Council to provide a r6admap to accomplish the policies prescribed in the Woodburn Comprehensive Plan and the Parks and Recreation Comprehensive Plan Update in regard to a public greenway and pathway that includes open space, cycling, walking, nature study and recreation. II. FINDINGS: The Mill Creek Greenway Master Plan is attached as Exhibit "A." The 1999 Comprehensive Plan Update Policies 5 & 6 state that the City will acquire, develop and operate the Mill Creek corridor as greenways that include multiple functions including: open space and habitat preservation; flood control; cycling and walking on all-weather pathways; nature recreation and education and neighborhood park facilities. To provide more specific direction to implement these policies, the Recreation and Parks Department has developed the Mill Creek Greenway Master Plan. This planning process is the result of a consulting partnership with the National Park Service's Rivers, Trails and Conservation program and the Mill Creek Task Force. In December of 2003, Mayor Figley appointed the Mill Creek Greenway Task Force. This group was made up of various local individuals with interests in the management and development of the Greenway. The Task Force included Greenway neighbors, educators, scientists, land managers, City representatives and others with interests in the corridor. In the course of developing the plan, the Task Force conducted a site inventory, implemented a community survey, organized public design workshops and reviewed work product. The Task Force, Recreation and Parks Department staff and National Park Service consultant have received significant support from various City Departments including the Public Works, Community Development, Administration and Police Departments. Staff from these departments provided valuable technical advice as well as review of the final document to assure that the master plan is in concert with other City plans such as the Comprehensive Plan, Transportation System Plan and Storm Water Management Plan. The LA 06-01 1 Police Department offered valuable advice on security, especially within the Greenway where the trail route nears the new Police Facility. In June, the Recreation and Parks Board reviewed the Greenway Master Plan and unanimously voted to recommend approval to the City Council. The Master Plan defines five "regional" planning units that include North, Central and South along Mill Creek as well as the Southwest Tributary and Goose Creek Tributary. The primary facility throughout the trail system is a paved "spine" trail. This trail is proposed as eight to 12 feet in width, paved with painted white "fog" lines on the right and left. Trail amenities proposed along the route include benches, directional signs, historic and natural interpretation areas and trail heads. The Greenway has great potential to provide off-road and non-motorized transportation to many destinations in Woodburn. Trails will connect residential neighborhoods with each community park, the Downtown core, schools including . Woodburn High School, the Valor/Heritage campus, the French Prairie/Lincoln campus, Washington Elementary School and the Woodburn campus of Chemeketa Community College. The 1999 Parks and Recreation Comprehensive Plan Update indicates that southern portions of Woodburn east of the Union Pacific Railroad and west of Hwy. 99E are deficient in neighborhood parkland. Hermanson Parks I & II could be developed to help alleviate this shortage. The plan proposes a six-year capital improvement plan that totals $159,750. Further analysis of costs to completely construct the facilities proposed in the plan will take place when the Parks and Recreation Comprehensive Plan is updated later this year. Funding for these projects is available through a variety of grant sources that includes the State's Recreational Trails Program, Local Government Grant Program and the Federal Land and Water Conservation Fund. Funding for environmental enhancement projects proposed within the plan is also available through a variety of public and private grant sources including agencies such as the Department of Fish and Wildlife and Oregon Water Resources Board. A notice of public hearing to be held before the Planning Commission on March 9,2006 and to be held before the City Council on April 24, 2006 was published in the Woodburn Independent in compliance with City ordinances. The Mill Creek Greenway Master Plan was made available for public review at City Hall. This proposal is being processed as a Type V legislative application that requires the Planning Commission to make a recommendation on the proposed Mill Creek Greenway Master Plan to the City Council. The City Council is the final decision maker. Public hearings on the proposed legislative land use amendment are LA 06-01 2 scheduled before the Planning Commission on March 9, 2006 and the City Council on April 24, 2006. As required by the Woodburn Development Ordinance, the City Council initiated this legislative land use amendment by resolution on January 9, 2006. III. APPLICABLE APPROVAL CRITERIA: A. City of Woodburn Comprehensive Plan - Chapter IX.R. Recreation and Parks Goals and Policies and Chapter X.F. Open Space I Parks B. City of Woodburn Parks and Recreation Comprehensive Plan Update C. Woodburn Development Ordinance Section 4.1 LA 06-01 3 ATTACHMENT B CITY OF WOODBURN, OREGON PLANNING COMMISSION STAFF REPORT March 9, 2006 LEGISLATIVE AMENDMENT 06-01 "Mill Creek Greenway Master Plan" I. PROPOSAL: The Mill Creek Greenway Master Plan was initiated by the Woodburn City Council to provide a roadmap to accomplish the policies prescribed in the Woodburn Comprehensive Plan and the Parks and Recreation Comprehensive Plan Update in regard to a public greenway and pathway that includes open space, cycling, walking, nature study and recreation. The purpose of this hearing is to consider public testimony on the Mill Creek Greenway Master Plan. II. RELEVANT FACTS: The 1999 Comprehensive Plan Update Policies 5 & 6 state that the City will acquire, develop and operate the Mill Creek corridor as greenways that include multiple functions including: open space and habitat preservation; flood control; cycling and walking on all-weather pathways; nature recreation and education and neighborhood park facilities. To provide more specific direction to implement these policies, the Recreation and Parks Department has developed the draft Mill Creek Greenway Master Plan. This planning process is the result of a consulting partnership with the National Park Service's Rivers, Trails and Conservation program and the Mill Creek Task Force. In December of 2003, Mayor Figley appointed the Mill Creek Greenway Task Force. This group was made up of various local individuals with interests in the management and development of the Greenway. The Task Force included Greenway neighbors, educators, scientists, land managers, City representatives and others with interests in the corridor. In the course of developing the plan, the Task Force conducted a site inventory, implemented a community survey, organized public design workshops and reviewed work product. The Task Force, Recreation and Parks Department staff and National Park Service consultant have received significant support from various City Departments including the Public Works, Community Development, Administration and Police Departments. Staff from these departments provided valuable technical advice as well as review of the final document to assure that the master plan is in concert with other City plans such as the Comprehensive Plan, Transportation System Plan and Storm Water Management Plan. The LA 06-01 1 Police Department offered valuable advice on security, especially within the Greenway where the trail route nears the new Police Facility. In June, the Recreation and Parks Board reviewed the Greenway Master Plan and unanimously voted to recommend approval to the City Council. The Master Plan defines five "regional" planning units that include North, Central and South along Mill Creek as well as the Southwest Tributary and Goose Creek Tributary. The primary facility throughout the trail system is a paved "spine" trail. This trail is proposed as eight to 12 feet in width, paved with painted white "fog" lines on the right and left. Trail amenities proposed along the route include benches, directional signs, historic and natural interpretation areas and trailheads. The Greenway has great potential to provide off-road and non-motorized transportation to many destinations in Woodburn. Trails will connect residential neighborhoods with each community park, the Downtown core, schools including Woodburn High School, the Valor/Heritage campus, the French Prairie/Lincoln campus, Washington Elementary School and the Woodburn campus of Chemeketa Community College. The 1999 Parks and Recreation Comprehensive Plan Update indicates that southern portions of Woodburn east of the Union Pacific Railroad and west of Hwy. 99E are deficient in neighborhood parkland. Hermanson Parks I & II could be developed to help alleviate this shortage. The plan proposes a six-year capital improvement plan that totals $159,750. Further analysis of costs to completely construct the facilities proposed in the plan will take place when the Parks and Recreation Comprehensive Plan is updated later this year. Funding for these projects is available through a variety of grant sources that includes the State's Recreational Trails Program, Local Government Grant Program and the Federal Land and Water Conservation Fund. Funding for environmental enhancement projects proposed within the plan is also available through a variety of public and private grant sources including agencies such as the Department of Fish and Wildlife and Oregon Water Resources Board. A notice of public hearing to be held before the Planning Commission on March 9,2006 and to be held before the City Council on April 24, 2006 was published in the Woodburn Independent in compliance with City ordinances. The Mill Creek Greenway Master Plan was made available for public review at City Hall. This proposal is being processed as a Type V legislative application that requires the Planning Commission to make a recommendation on the proposed Mill Creek Greenway Master Plan to the City Council. The City Council is the final decision maker. Public hearings on the proposed legislative land use amendment are LA 06-01 2 scheduled before the Planning Commission on March 9, 2006 and the City Council on April 24, 2006. As required by the Woodburn Development Ordinance, the City Council initiated this legislative land use amendment by resolution on January 9, 2006. III. APPLICABLE APPROVAL CRITERIA: A. City of Woodburn Comprehensive Plan - Chapter IX.R. Recreation and Parks Goals and Policies and Chapter X.F. Open Space I Parks B. City of Woodburn Parks and Recreation Comprehensive Plan Update C. Woodburn Development Ordinance Section 4.1 IV . ANALYSIS: The proposed Mill Creek Greenway Master Plan is attached to this report as Exhibit "A." A letter from Jeane Marie Decker Mey, received February 27, 2006, is attached to this report as Exhibit "6." V. RECOMMENDATION: Staff recommends that the Planning Commission direct staff to prepare a final order recommending that the City Council adopt the proposed Mill Creek Greenway Master Plan. Attachments: Exhibit "A" - Mill Creek Greenway Master Plan Exhibit "B" - Letter from Jeane Marie Decker Mey, received February 27, 2006 LA 06-01 3 Exhibit "B" City of Woodburn Planning Commission February 27, 2006 Dear Commisioners: As a member of the Mill Creek Greenway Task Force and resident of Wood bum, 1 urge you to vote in favor of the Mill Creek Greenway Plan. Woodburn is blessed with many aspects of nature. I especially love to walk in the City of Woodburn Senior Estates Park. I see birds of many species flying around the tall trees. Once in a great while a squirrel will scurry about. I love my leisurely "nature" walks there. We at Senior Estates would love to have our little park connected to all the other parks as is planned in this Plan. We are happy for the recent improvements of the new park benches, and trimming of the Birch trees. Connecting all the parks with trails will be a benefit to all residents of Woodburn, those that love nature, exercising, picnicking, and just enjoying the parks in Woodburn. Thank you for your interest in providing for the future and beauty of Woodburn's natural areas. Sincerely, .--f '-/~ ;~~~ //5' ~.I -. ,/ :/ Jeane Marie cker Mey 1360 Walton Way Woodburn, Oregon 97071 * RECIO * FES 2 7 2006 WOODBURN COMMUNITY DEVELOPMENT DEPT. ATTACHMENT C WOODBURN PLANNING COMMISSION MEETING MINUTES March 9, 2006 CONVENED The Planning Commission met in a regular session at 7:00 p.m. in City Hall Council Chambers with Vice-Chairperson Bandelow presiding. Vice-Chairperson Bandelow questioned members of the Planning Commission having potential conflicts such as family, financial, or business relationship with any of the applicants or with regard to the project in question. If such a potential conflict exists, he asked whether the commission in question believes he or she is without actual bias or whether he or she would like to step down from the Planning Commission during the case. Vice-Chairperson Bandelow announced: agenda is available at the back of the room. We will consider cases one at a time according to the order listed in the agenda. We will follow the hearing procedure outlined on the public hearings procedures board. All persons wishing to speak are requested to come to the podium and give your name and address. Any individuals speaking from other than the podium will not be recognized. ROLL CALL Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Lima Bandelow GrosJacques Vancil Grigorieff Hutchison Jennings A P P P P P P Staff Present: Naomi Zwerdling - Interim Community Development Director Jason Richling - Associate Planner Marta Carrillo - Administrative Assistant MINUTES A. Woodburn Planning Commission Meeting Minutes of February 9. 2006 Commissioner Jenninas moved to accept the minutes as written. Commissioner GrosiacQues seconded the motion, which unanimously carried. BUSINESS FROM THE AUDIENCE Mark Wolf (654 Tukwila Dr. - Woodburn) stated that he addressed the City Council a few weeks prior at their meeting. He was asking that the parking code in the City be examined. He was hoping that there could be some changes to encourage some new businesses to Woodburn that would not otherwise locate here and supplied specific examples and facts. Since the mid-90's, when he began owning property in the City, the City had empty buildings such as the Rite-Aid building, Roth's store, the Flea Market, the 0&0 yellow-building just closed, and others. Possible reasons for the empty buildings could be the economy, perception of doing business or possibly the city codes or could be some or all of the items mentioned. Planning Commission Meeting March 9, 2006 Page 1 of 27 "' He shared a specific example of the City Code. The Statesman Journal featured an article on February 2, 2006 that headlines, "Coming Soon to the Valley 33 More Movie Screens". The theatres are opening in Salem, Keizer, and Independence, Oregon and other places but not opening in Woodburn. He was approached by the theatre affiliates and two theatres would have located in the vacant Rite Aid space in the Mid-Valley Plaza Shopping Center had the code in the City allow them to be located here. Mr. Wolf further explained that he owns a 20,000 sq. ft. vacant space. Total space he owns is 40,000 sq. ft., but he developed the Bunker in part of that space. He spoke with Tim Reed from Indiana who opened up the Wilsonville Act Theatres and now owns theatres based out of Oregon and the Mid-West. They are locating a 14-screen theatre in the Keizer Station along 1- 5. He also spoke with Dick Hanson from Regal Theatres who is locating a theatre in Salem and other places. Using an industry average of 1 seat per 22 Y:z sq. ft. of space that would be 900 seats that the 22,000 sq. ft. of vacancy will allow. That could be between 4-6 screens and as much as 8. Independence, OR has a-screen theatre going in and is exactly the same size of space as his site. The City parking code, Table 3.1.2, which has been reviewed with Associate Planner Richling, states that it provides for off-street parking ratio standards of 1 stall for 4 seats, which is 225 stalls or 1 stall for every a feet of bench area, which is outdated or 1 stall for every 35 sq. ft. of primary assembly room, which is more for auditoriums and not movie theatres. In retail centers as an example, it is 1 stall per 200 sq. ft. and in a 100,000 sq. ft. site that's 500 stalls and that doesn't account for restaurant uses, which are higher and take-up more parking. He would be putting in a coffee island such Dutch Brothers and will be losing some parking stalls to that business and requires more stalls because it is restaurant type use. He has roughly 500 stalls in the site. Then considering that the need is 225 stalls for the theatre because of the City parking code, take out 100 for the current requirements and replace with 225, he will be short 125 stalls for the shopping center. He cannot bring in a movie theatre because of the shorted amount. If the average stall is 10'x20' and isles are 20' wide, then he would need another acre of land just dedicated to parking in order to put in a theatre. An acre of land is roughly about $500,000 in Woodburn; it costs another $250,000 to asphalt the parking area, permits, etc. That would be $750,000 that he requested from the theatres and their response was not favorable, since they could locate in other areas other than Woodburn. In progressive cities they have flexible parking codes. The codes state: 1.) a minimum standard required and a maximum standard required or both and give the property owner consideration for ride-sharing, car pool, if there is a bus that goes through the parking lot and brings senior citizens to your center. His site has a bus going through and there is no credit given for that. The parking lot on the site is never full. 2.) States that there is a peak and off-peak parking demand. A theatre is a night-time use and a Starbucks coffee stand is a morning use. Recognizing the fact that the parking use does not occur at the same time for all uses and give credit for that. He requested that the Planning Commission consider looking at the City's parking code, modifying it if appropriate, implementing peak and off-peak parking, flexibility with parking, minimum and maximum use, car pool, ride-share, buses and view other cities' parking usage. He will be proposing a new building in the next month and more in the future. The new building will be restricted to (2-3) food uses because of the parking code. He will be speaking at the National Convention in May at the International Shopping Centers trying to attract new retailers to Woodburn. Wants to convey the message that the Planning Commission listens to businesses and is working on the City's parking code. Planning Commission Meeting March 9, 2006 Page 2 of 27 .. Lastly, he would like to discuss the system development phase and sign code, but will discuss at another date. Vice-Chairperson Bandelow asked about the theatres going in to Independence, OR and their code being radically different than Woodburn's or is it a flexible plan? Wolf answered that according to the theatre owner, it was much easier to locate in Independence, OR than it would be in Woodburn. The cost was much less and the issue was with the parking. Someone could look at the Independence parking code. Commissioner Vancil stated that Independence is a small town near Monmouth that is in the middle of the valley and is not close to any major freeway. It is not close to any 4-lane highway. That would have a lot to do with the decision from the theatres because it is a rural setting. Commissioner Jennings stated there is a lot of merit, regarding peak and off-peak parking and flexibility. Also was informed by Interim Community Development Director Zwerdling that there will be a focus group that will be meeting in the next 30 days and would like to include this item to the agenda for discussion. Also thanked Mr. Wolf for his comments and factual information. Interim Community Development Director ZwerdlinQ stated that it was mentioned at the City Council meeting as an item needing to be added to the WOO update list. COMMUNICATIONS Woodburn City Council Meeting Minutes of January 23, 2006. Woodburn City Council Meeting Minutes of February 13, 2006. PUBLIC HEARINGS Vice-Chairperson Bandelow asked Interim Community Development Director Zwerdling if there were audience sign-ups to address the Planning Commission in regards to the two (2) public hearings being heard. Also invited the public to sign-up and speak under the items being discussed. The sign-up sheets were available in the back of the room at the entrance. Proceeded according to the agenda. A. Legislative Amendment 06-01, the Proposed Mill Creek Greenway Plan, City of Woodburn, applicant Vice-Chairperson Bandelow opened the public hearing for Legislative Amendment 06- 01, the Proposed Mill Creek Greenway Plan, City of Woodburn, applicant. Interim Community Development Director Zwerdlinq introduced Randv Westrick who will do a more formal presentation regarding the background of the master plan for the Mill Creek Greenway Plan and could answer detailed questions. Also stated that the process was being done as a Legislative item and the WOO requires that it be initiated by resolution by the City Council. Mentioned in the staff report that the City Council did so on January 9, 2006. Per the WOO the particular plan item goes before the Planning Commission and the Planning Commission makes a recommendation to the City Council. The City Council is the final decision-maker on the plan. The project has been Planning Commission Meeting March 9, 2006 Page 3 of 27 noticed in the newspaper for the evening's meeting and also for the City Council meeting being held on April 24, 2006. The plan was circulated by Randy Westrick throughout the City Departments for their review to assure that the plan complied with Planning Codes. He also incorporated some changes as a result. Staff recommends that the Planning Commission direct staff to prepare a final order of approval of the plan. Handed over the floor to Randy Westrick. Vice-Chairperson Bandelow questioned if there would be any concern on ex-parte contact or conflict on the item. Interim Community Development Director Zwerdling stated that it is a Legislative item therefore, there should not be any ex-parte conflicts. Commissioner Jennings stated that he resides near the Mill Creek Greenway Park area and would be speaking in favor of the project, but had no conflict of interest because it is a Legislative item. Randv Westrick, Recreational Parks Director for the City of Woodburn, applicant. Informed the Planning Commission that he had a presentation that introduced the plan. Slide #1 Parks and Recreation received technical assistance from The National Parks Service for completion of the plan. The plan is rooted in the City's Comprehensive Plan. In 1999 the Parks and Recreation Comprehensive Plan was updated, which is a part of the Comprehensive Plan. Policies 5 & 6 give authority for preparing the plan and states to manage the courtyards of Greenway with all the interests in mind including a habitat preservation, flood control, cycling and walking on all weather passages, nature, recreation, education, and limited playground. Policy 6 further states that it must be a continuous pathway system that's publicly owned. When the task force was started, they were reminded that it was not just for walks, and the recreation parks department thought it was a good idea. It is a City policy that the pathway system exists. Slide #2 The National Parks Service Rivers, Trails and Conservation Assistance Program helped with the design. Their values meshed with the values of the task force group to link parks, schoolyards, open spaces, and residential areas. Restores significant cultural historic assets. Reserve open space for future generations. What is not being proposed is recycling of any abandoned railways. Alexandra Stone was assigned to the project and she is a staff architect with The National Park Service and was a tremendous help and is still assisting. The National Parks Program Service is seen as the number one park agency in the world and this is a way for them to get their expertise to local communities. Planning Commission Meeting March 9, 2006 Page 4 of 27 Slide #3 The City's Mayor appointed a task force and had various members such as educators, neighbors, seniors, scientists, city departments, other governmental agencies; and the Marion Soil of Art Conservation District. There were interested individuals who live in the community and youth who were involved. There are thirteen basic issues that the task force first identified and those issues stem from three values and qualities for the Greenway. A concern is community fitness. Making this a place to walk and stay fit. With all the information concerning childhood obesity and staying in shape, all relate back to the built in place environment. It is an alternate way to transport and get around the community and not necessarily needing a car to get from point A to point B. There is wildlife consideration. There are places in the Greenway where it doesn't seem like an urban area. We have opportunities for wildlife. It gives the community access to it and when one can see and feel it, they will appreciate it and help preserve it. This is a critical piece in holding on to Woodburn's values and heritage with the nature, prehistory and cultural history. Slide #4 The task force started with a resource inventory. They walked the entire length of the resource, the main stem of Mill Creek, drove some of the tributaries and with permission walked on some private property. The task force was compiled of about a dozen people off/on throughout the day. They noted constraints that will cause problems, opportunities, unique features and barriers. Slide #5 There was a public survey distributed to everyone who receives a water bill. There were 300 responses and were the best source for opinions. The survey included an information section for future contact and help. About half of the surveys returned included the contact information of people who wanted to be contacted to volunteer with either building or designing the trail and wanted to be updated of the step being taken. They also expressed opinions about activities and facilities that they wanted to see. Slide #6 The task force received technical advise from the OSU Extension Program. They helped designed the program and helped analyze the data. There was a Public Design Charette where about 25 people attended. They did intensive work and concentrated on five planning units. They decided on the type of facilities and philosophies that were wanted to start to building the trail. Slide #7 Viewing the diagram of the city. On the south part of the city there is the Hermanson Pond that bisects the neighborhood. There are also two tributaries. Planning Commission Meeting March 9, 2006 Page 5 of 27 The first being called the West Tributary that goes from Brown Street to Centennial Park. The second is Goose Creek, which goes from the high school all the way towards Senior Estates. The diagram will be used in brochures and people will like it because they can use it as a City guide. Slide #8 The system-wide conclusion was that the trail should have a backbone paved system of about 8-12 feet wide with fog lines that can used by walkers or bicyclers. Also allow for small tractors and trucks to enter for maintenance. It should have an integrated sign system with directions, mileage, environmental and historic interpretation with rules and regulations. An item the survey provided was the importance of trash containers and at every quarter mile there should be a rest station to stop, rest and dispose of trash. An individual can be out for a stroll or begin a fitness regiment and the park should allow convenience for that. Another item surfacing from the Recreational Parks Department is a community- wide fitness step program. An integration between the parks, the school and public destinations is needed. Developed parks offering restrooms are also needed. The system connects the community with off-road trails and transportation. All three of the community parks - Legion Park, Settlemier Park and Centennial Park - are on or close to this particular system. The schools such Washington School is about a half block from the system; Heritage Valor, French Prairie, Woodburn High School are on the system. The path comes through downtown Woodburn and provides access to business districts. A 100- foot strip was set aside that used to be Evergreen Street that will access the business district, Senior Estates, Montebello and busy residential areas. It is all tied together. Slide #9 The task force group identified transition nodes. These are areas where the nature of the environment of the trails will change. One trail would be the Locomotive Park. A transition into the downtown area with lots of destinations such the Civic Complex, Business District, Settlemier Park, Aquatics Center and potentially another Community Center. There is a transition from a trail and bike path into the downtown area. This presents an opportunity to tell about the Locomotive Park and tell the story of how the trains affected Woodburn's history and receive the cultural history. Hermanson Park III. There was common belief amongst the task force group and Recreational Parks Board that the area around the pond needs to be native and remain a natural area where the wildlife values are first and foremost. Hermanson Park I & II tend to lend themselves to a more formal type of park setting. Hermanson Park III would become a place where there would be a transition between the native natural area to a formal park setting. Slide #10 The south planning units from the Hermanson Pond property and the three Hermanson Parks are all City owned by Woodburn. In the Greenway Plan through the Planning Commission, Recreational Parks Board and City Council Planning Commission Meeting March 9, 2006 Page 6 of 27 over the past 30 years, the City has acquired a significant amount of property. This planning unit has diverse landscapes. Slide #11 An example of a landscape is Hermanson Pond that has ducks and a native area. Hermanson Park I isn't well developed, but has the potential to be a formally landscaped area. Hermanson Park III will be the transition from the hard- scaped backbone trail to a soft-scaped path where the pathways around the pond will be hard chips or wood chips. It will downplay the heavy development in that part of the park. Slide #12 The developments might serve to be efficient piers for wildlife observation as opposed to a playground. Hermanson Park currently has a playground known as Spider Park. Slide #13 The conclusions specifically for that planning unit were covered in the early remarks of the South Planning Unit. Slide #14 The Central Planning Unit extends from Young Street up to Hardcastle. Wyffle Park and Lincoln School are in the area and connected to that. Wyffle Park was set aside several years ago and there is a playground. Slide #15 Showing scenes of the view of South Young Street towards Cleveland Street showing the Willamette Valley Railroad grate. The second photo shows a north view from Young Street and around the corner. This is not City owned at this time. Slide #16 Showing scenes of Mill Creek south of Lincoln Street and Wyffle Park. Slide #17 The major concern is the ownership issue and the City being more sensitive to the private ownerships. Typical City policy is to seek park property from willing sellers. At this point the City is in place to buy and should maintain public interest, if the possibility arises. Mid-Valley Community Church has a possibility to be a trailhead even though it is not publicly owned. There is a parking lot, access to the creek and some ownership of the creek bottom. Planning Commission Meeting March g, 2006 Page 7 of 27 Another area is the City owned Wastewater Treatment Plant that has the possibility to be a trailhead. Slide #17 The North Planning Unit starts at Legion Park and goes north to the City's northern boundary. You can see Woodburn High School, Legion Park, and the new Police Station. There were security issues that needed to be addressed and the plan addresses the security issue with the Police Department so that it did not create a hazardous condition for the employees. The plan proposes some great changes, landscaping and fencing that will make the building less obvious to the path that will exist. Slide #18 There is also opportunity for pretty views of the North Planning Unit looking at Legion Park towards the High School and looking south towards Hardcastle. The City's old Wastewater Treatment Plant can provide trailhead access to the corridor. Slide #19 Showing scenic views from Woodburn High School and Hazelnut St. Slide #20 There are some unit features in this planning unit. There is a privately owned pathway that goes north from Hazelnut St. The plan recommends that the City seek ways to make that access permanent through an easement or purchaser. The pathway would be along the creek that goes north towards the city limits. There are opportunities for pre-historic environmental interpretation of Legion Park and the photo shows the potential design. The Marion County Transportation System Plan calls for an extension of this particular trail along Mill Creek all the way to Pudding River. Residents in Hubbard and Aurora are talking about having a Mill Creek Greenway as well so that eventually there could be access all the way to that river. There is a repeated inquiry about the finality of the project. The plan process would be to create the plan by setting aside property, which was started 30 years prior and have a completed system. As an analogy Portland's 40-Mile Loop has a series of trails. The plan has been worked on by Metro and the City. An individual can ride or walk on this loop continuously. In the late 70's that was a seed of an idea amongst several people. Now that it is complete it has taken nearly 30 years and it takes patience. Although Woodburn is not as large as Portland, it is a possibility in less than 30 years. Planning Commission Meeting March 9, 2006 Page 8 of 27 ~ Slide #21 The West Tributary extends from Brown StlCleveland St. through Settlemier Park. The City now has a Water Plant and will be building a Storm Water Facility that will travel through the farm land and get close to Centennial Park and the Valor/Heritage Campus. Slide #22 Scenes are from the West Tributary viewing from Brown St. to Ogle St. The City owns quite a bit of this property. Second scene is viewing from Ogle St. to the East. Slide #23 The creek is in a pipe in Settlemier Park. The Recreational and Parks Department is working with the Public Works Department to potentially open up the pipe which would create more storm water storage. This could enhance the creek environment. Slide #24 Scenes from the West Tributary Headwaters towards Settlemier from the east from Stubb Rd. The land swells through there. The water plant is completed and looks better than what is seen on this picture. Slide #25 Scenes from the West Tributary - Evergreen Linear Park pathway view to the south from the pathway. The entrance to Centennial Park is the pathway, which is near the cedar tree. When it is being developed, there will be much easier access for children and those who do not have mobile capabilities. Slide #26 Some of the conclusions and recommendations for the West Tributary are that individuals should be careful on the trail, when the area becomes residential and maintaining it to be a non-motorized access where it links up Centennial Park, Heritage ParkNalor Middle School and the Linear Park system. This would be the most critical point. The particular planning unit provides connections and links to so many different parts of the City including the library, the park, association hall, the downtown plaza and downtown businesses. Slide #27 The Goose Creek Tributary connects Woodburn High School, going west to French Prairie Middle School and eventually to Senior Estates. It connects schools and residential areas. Planning Commission Meeting March 9, 2006 Page 9 of 27 Slide #28 Scenes are showing a pathway system of Goose Creek Tributary. A recommendation was to memorialize the public access and preservation. Slide #29 During research and inventory of the area, there was much consideration of the oak tree. Photo shows the high school property and showing connection between the two schools with off-road facilities. Slide #30 Senior Estates are the majority population who use the parks most frequently by walking their pets. They questioned whether the parks could be connected to the system and affirmatively responded and could be done in various ways. A connection was not provided from Astor Way to the school, but was provided along Country Club Rd. If careful, continuous bike paths could be added to create a nice connection via Country Club Rd. and Boones Ferry Rd. There is a need to work with the developers and maintain the public access along the corridor between Boones Ferry Rd. and the Medical Center. Slide #31 There was a study done with connections and crossings. There are items that need to be overcome such as a railroad that creates a wall. The plan proposes a way around. Slide #32 An example would be Willamette Valley Railroad. Where the creek goes through is a swale and railroads run on a flat surface. They have created fills. Slide #33 Until large projects come through the system, there needs to be a form to build a bridge between Front Street and the railroad grate for walkers and bicyclers. There is a route that can take them around for the meantime. Slide #34 The City has an RFP for design in submittal to do a similar faCility on the north side. The route is a part of the bike path that is already built on Country Club Rd. and is adequate and eventually will become the connection to Senior Estates Park. This provides opportunity for walking pets. Slide #35 There are development issues such as design standards, trail surfaces, side amenities and consolidated sign system. ADA accessibility standards are critical, especially with the backbone trail for persons with limited mobility so they can have access. Recreation facilities become an important place for children to play. Planning Commission Meeting March g, 2006 Page 10 of 27 There are areas along the route where it can combine limited park facilities into the Greenway. Need to include environmental interpretation. Residents will want to know what wildlife existed, how it got there and what the mill was. The mill was along the Greenway. Slide #36 Old photos show Young Street in Woodburn. It was possibly taken from the old water tower looking down from the Southern Pacific Line. Slide #37 Prehistoric perspective shows the animals that once lived in the area about 13,000 years ago. The animals are being discovered by scientists in the greenway at Legion Park. The photo shows a park in Tennessee. Slide #38 Development Issues include connectivity and its importance. Most stressed by the focus group was having Woodburn Transit stops at the trailhead. Potentially someone in West Woodburn could take their bike on a bus, come into the City and ride their bike through the Greenway System. There are mid-term and long-term solutions for the barriers. There has been a significant amount of plan coordination. It spins off the comprehensive plan, consistent with the transportation system plan and doesn't create problems with storm water plant. It also matches the county's transportation system plan by providing a southern link for the Mill Creek trail being proposed. The plan has been reviewed by the DLCD and Oregon State Parks as well. Slide #39 It will become the blueprint for the capital improvement budget. There are inquiries arising about building the system. There are several funding opportunities to build the project. One opportunity would be with Walmart that has a program with the U.S. Wildlife Federation where they acquire natural spaces equal to the footprint of their building in communities where they have a building. There are acquisition dollars from private sources. There is a wide- range of funding opportunities beyond the local funds. TEA-21 dollars, which is our gas tax, that is set aside for transportation enhancement and cannot be used for roads, only for non-motorized use. Executing the plan is eligible for those funds. The Recreational Parks Department will be revisiting the plan within the next 3-4 months and revising how much money will be needed from the SDC's based on what the plan needs. Another opportunity not to be passed up for greenways and pathways would be volunteer opportunities. Based on the survey, about 100-150 individuals placed their names and wanted to help in some form. There are some volunteers lined up to help build the plan. In the next week a grant application will be submitted to the Oregon Parks and Recreation Department (OPRD) that will be the first piece of implementing the plan. If something happens along the approval way in terms of funding; the OPRD can be advised that the grant is no longer needed, but do not want to miss the opportunity so now has submitted the application for the project. Planning Commission Meeting March 9, 2006 Page 11 of 27 The applicant then made himself available for questions from the Planning Commission. Commissioner Jenninqs stated that in the 80's and 90's the transportation task force was asked to develop a mobile plan that would allow someone to get from one end of Woodburn to the other without the use of an automobile. The idea was that anyone living in the city could get on a golf cart, which is not drivable on the street or main highway, and travel to any place within Woodburn within a reasonable amount of distance. It would commence East of the freeway and travel through a pathway that would connect to the downtown, the parks, North Park Plaza and Hwy 99. Vice-Chairperson Bandelow asked if there were any further questions for the applicant. Westrick commented that Commissioner Hutchison also worked on plan and was on the board. Commissioner Hutchison stated that he had worked on the plan previously. This was the most exciting project introduced while on the board. Especially, with the design of the bus lines at certain areas, taking bike rides, bringing the communities together, and with new developments it will give a healthy environment to Woodburn. This will be a safe and open place for children to be able to use as well. Vice-Chairperson Bandelow proceeded by inviting Proponents of the project. PROPONENTS Herb Mitmann, address: 365 Ironwood Terrace, Woodburn, stated that he moved from Denver to Woodburn in 1998 and reviewed the type of developments in the area. One of the main attractions was the advertisement for Tukwila and the 3 miles of hiking trails because he liked to walk and hike. The maximum walking distance was % of a mile and now it has been reduced to 1;2 of that amount. In speaking with surrounding neighbors who also moved to the area for the walking trails, there was much disappointment at the fact that there are no walking trails near their homes and no way of connecting areas through trails. During his morning and evening walks, he encounters about 50-60 people who would also like to enjoy a walking trail, but there are none available. When this project started being developed, and while being the chair of the Recreation and Parks Board, one of the needs to be done in Woodburn was the ability to connect the community while the land was available. Expanding in any direction, North, South or West, we must assure that there is available land. The key to the entire project is to have a Master Plan and without it the community is not taking interest for approval or purchase of property. The community, the parks service, and the Recreation Parks Board came together and created a Master Plan within a year and a half. The end result will enthuse everyone to make sure the project is done. The Planning Commission should approve the project so that it moves to the next step to the City Council, so the funding proposals can be submitted to the State and National Park Service, and so the community and surrounding communities to the north and south can tie-in. He will endorse the project and assures that the community will support the project as well. Planning Commission Meeting March 9, 2006 Page 12 of 27 Bruce Thomas, address: 795 Corby Street, Woodburn, stated that he is also in favor of the project. Reiterated that through the surveys and task force of the last 5-6 years, this is a project the community supports and wants. He asked the Planning Commission that serious consideration be taken about this project. Jameson Cavalero, address: 18540 SW Boones Ferry Rd., Tualatin, commented that he was speaking as an outsider. He became aware of the project and its connections both North and South. Mentioning that a Watershed Assessment is in its final version for the Pudding River Watershed, which includes tributaries like Mill Creek. No creek has been identified as having little or no tree covering on the majority of the creek. He agrees with the presentation that describes the importance of livability in terms of walking and wildlife. He looks forward to being an advocate for some sustainability in terms of helping the economy through the city and agricultural businesses and insuring consideration of the wildlife and habitat qualities. Understands that creeks are an important tributary, and while it had been compromised for a variety of reason, the future of the community and with the Planning Commission's help and wise plan, it can encourage some native species to return to the area. Willis Graff, 1328 Dogwood Drive. Woodburn, stated that he had been involved since the beginning of the project. He is a member of the Mid-Valley Community Church in the property South of Lincoln Street, extending clear through. There are some negotiations that can be done and currently is involved in putting in a parking lot. There is a survey and wetlands study being done. He would like to see cooperation on behalf of the City as much as possible and being in the project together. There is a current situation with the parking and growth of greenery. He hopes that the church and the City can work together on this project. Sue Christenson, 458 W. Hayes, Woodburn, stated that she was a proponent of the project. but also had some concerns. She was also part of the Charette for the Mill Creek Corridor and at that time there were questions that arose and was looking for an answer at the meeting. First, the task force was having conversations with community members of Senior Estates about having the paths run through the Senior Estates. Inquired about the resolution. Second, Tukwila was approved for another phase of building. At this time construction is being done along the creek by the high school. Asked how a path will be created between Tukwila and the property along the creek. Third, the Charette had a concern on how close the path was being created to the waterways. She believes that the wildlife will not return, due to the fact that it is very close to the waterway. Fourth, there was also the concern on the width of the path. With the path being 8 feet- 12 feet wide, it was believed to be more of a roadway rather than a trail or path. One suggestion by Seniors Estate was that it be divided into two paths due to bikes, scooters, other motorized vehicles other than a pedestrian trail or walk path. The summed up concerns were the protection of the wildlife and wetlands that had been anticipated. Planning Commission Meeting March 9. 2006 Page 13 of 27 Commissioner Jennings commented that he shared the same concerns as the proponent. He believed that it was not to the engineering phase of the project. Vice-Chairperson Sandelow asked if there were other public proponents. Vice-Chairperson Sandelow asked if there were public opponents. Vice-Chairperson Bandelow invited Westrick for a rebuttal to answer questions that were mentioned. Westrick stated that questions could be answered during the design and engineering phase of the project on how close the paths will be to the creek and the sensitivity of the wildlife. The Greenway wants to provide the community with places where they can observe and not compromise the wildlife. In urban areas giving the community access and comfort to wildlife, will bring respect and enjoyment of wildlife. This is where the environmental interpretation is essential because of the knowledge and understanding of its habitat. In some cases, due to wildlife, the trails may be smaller or shorter. In the transition nodes that were proposed it offered two types of trails. One would be a natural path trail that takes people through a wood chip path and the other would be an all-weather paved pathway. The planning phase of the Greenway is working closely with the Statewide Outdoor Comprehensive Plan, which states that the trails need to be close to where people reside. Also encourages multi-use trails for each type of user such as walkers or bicyclists, etc. but not specific accommodations. Instead create a network of types of trails, which is a multi-purpose pathway system. At times a multi-purpose trail can make things sterile, but in an economic way serves as many people as possible. There is an alternate route around that makes a connection to Senior Estates Park via Country Club Road and Soones Ferry Rd. At parts of the pathway, people may need to go near the road to get to the next pathway. The ideal plan would have been to leave a corridor through the residential area in some of the developments such as Senior Estates and French Prairie Middle School Complex to allow individuals to use it. Commissioner Hutchison asked Westrick about the uses of the golf carts, multi-use paths and the use of motorized off-road vehicles such as scooters. He questioned about the access use by non-motorized and maintenance vehicles entering the facility. Westrick stated that it is be a non-motorized usage pathway. There are developed regulations for official motorized vehicles for uses such as machines to build and maintain the parks and paths and operate efficiently. The types of motorized use allowed would be for people with disabilities. The golf cart path was dropped from the usage in the greenway path. If it is in combination for someone who is disabled, the accommodations can be made. Vice-Chairperson Bandelow closed the public comments of the hearing and opened for discussion amongst the Planning Commission. Commissioner Vancil commented that there would not be an opposition on building for wildlife. There is a concern about system development fees. There were several homes built in the city in the last five years that do not have a park within walking distance. This is a wonderful idea. There is a need for a community park for children. Planning Commission Meeting March 9, 2006 Page 14 of 27 Commissioner Jennings requested that the Planning Commission move forward with the request to the City Council as a plan. There are valid concerns that will need to be answered at the engineering phase. Moving forward with the plan will allow for funding to be available and not be lost. Commissioner GrosJiacques commented that it is a great plan and idea and it is something the community needs. Commissioner Jenninas moved to adopt the proposal for Mill Creek Greenway Plan Legislative Amendment 06-01. Commissioner GrosJacaues seconded the motion, which unanimously carried. ROLL CALL Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Lima Bandelow GrosJacques Vancil Grigorieff Hutchison Jennings yes yes yes yes yes yes B. Design Review 05-10, Conditional Use 05-03, Variance 05-14, Variance 05-15, Variance 05-16, Variance 05-17, Request for design review approval to expand the existing a.C.D.C. Head Start facility located at 540 Settlemier Avenue, conditional use approval to allow Child Day Care Services and off street parking in the RS zone, variance approval to allow parking in setbacks and in a yard abutting a street in the RM zone, variance approval to reduce the required driveway throat length, variance approval to allow proposed structures to encroach into interior yard setbacks, and variance to boundary and connecting street improvements, Peter Grimm, Scott Edwards Architecture, applicant. Vice-Chairperson Sandelow opened the public hearing for DR 05-10, CU 05-03, VAR 05-14, VAR 05-15, VAR 05-16 and VAR 05-17. Interim Community Development Director Zwerdling read the appropriate ORS. Associate Planner Richling introduced the project on a powerpoint presentation. Slide #1 - Site Map The subject property is 1.67 acres in area and comprised of 5 tax lots including a vacated portion of 6th Street right of way. The site can be identified on Marion County's Tax Assessor's Map as township 5 south, range 1 west, tax lot #4000, #4100, #4400, #4500, #4600 and portion of 6th Street right of way. Its location is abutted by Settlemier Ave. on the West side and W. Hayes on the South side. The site is split zoned; 2/3 is zoned Medium Density Residential (RM) and on the comprehensive plan designated residential greater than 12 units per acre. About 5500 sq. ft. of the site is zoned Single Family Residential (RS) currently designated on comprehensive plan as residential less than 12 units per acre. As a part of the Legislative Amendment 05-01 the entirety of the site is proposed to be changed both in zoning and comprehensive plan designation to RM and Planning Commission Meeting March 9, 2006 Page 15 of 27 residential greater than 12 units per acre. The existing condition is a split zone location. Slide #2 The subject site is currently developed with an 11,000 existing OCDC - Woodburn Headstart Facility. There is paved off-street parking. There are a few buildings that have been removed from the property. There was a home on the southern portion that has been removed. Another structure to the northeast portion has also been removed. The site currently has two access points on Settlemier Avenue. The access that served the home has temporarily been removed, since it was taken off the property. The northern access still exists. There is a third access from Lincoln St. via the 6th Street right of way. City Council Ordinance 2393 was adopted in January 2006 to vacate the 6th Street right of way as a condition of approval of that vacation. The property owner was to perform the lot consolidation of all the tax lots and the vacated portion of the right of way into one property. That is currently taking place and is in the process of recordation. Slide #3 The existing structure is still located in its present location. The applicant is proposing a 6,625 sq. ft. addition creating an East wing to the existing structure. In addition, several large architectural dormers are proposed on the northwest portion of the existing structure and several clerestory features on the roofline of the existing structure. In addition, the applicant proposes fa9ade upgrades on the entire existing structure. Slide #4 Shows the view from Settlemier Ave., the existing structure and existing play facility abutting the roadway. Slide #5 Shows views from the south from W. Hayes St. and on the RS zone portion of the site there is an existing graveled parking area that is currently used for parking. Slide #6 Shows view from Settlemier Avenue and the existing fa<;ade of the structure. Currently it is T111 and aluminum siding. Product #1 & #2 Provided by the applicant are sample material wood and a photograph of what the potential structure could look like. Stained wood or lap appearing siding with three (3) different colors with a more or less earth tone shade. The color photo shows the rendition of one of the proposed studios. Planning Commission Meeting March 9, 2006 Page 16 of 27 Commissioner Jennings asked Associate Planner Richling about the Proposed Site Plan of the project. Inquiring about the area where the wellhouse had been removed and the City Council discussion on modifications to block off or barricade Hayes St. and move North. Associate Planner Richling responded that had occurred as another condition to vacate the right of way of 6th Street and incorporated into replat of the lots. The applicant has dedicated 25 feet of right of way on the South side of the W. Hayes 81. portion. It is ultimately to be dovetail (V-shape) with the new alignment of the Hayes St./Settlemier Ave. intersection. The design and plan is being taken into consideration with the City Council plans. Slide #3 From the proposed site plan the existing parking area is being expanded. Currently, the site does not meet the parking requirement in accordance with the WOO and wouldn't meet the requirement with the addition of the new structure area. However, the applicant is proposing to meet that standard and have parking move into the Northwest portion of the site, onto the Southern portion of site and the triangular section of the RS zone portion of the site. Proposing to relocate and re-open the southern access and the northern access to facility vehicle access while closing off the current vehicle access from Lincoln St., which would become a locked gate with a fire access only. Slide #6 Proposed Floor Plan. Although the project looks like a substantial increase of the building area, OCDC is not going to add any children who are being served by the facility. Instead 20 employees will be added from the current 24 for a total of 44 employees. It has a more intense parking requirement because it is a childcare facility. The expansion of the parking area reflects that. Slide #7 The applicant is also proposing to re-Iandscape the entire site. The applicant is proposing to plant Norway Maple trees (large trees) abutting Settlemier Ave. Ultimately they will grow to a size that will match the size of some of the heritage trees that are currently along Settlemier Ave. The same tree is proposed on W. Hayes St. In addition the applicant is thoroughly landscaping where the building encroaches into the interior yard setback to further buffer the development from the abutting residential uses. Currently residential uses surround the subject site. Slide #8 The applicant is proposing to plant a 6 foot tall architectural wall on all property lines abutting the residential uses, incorporating two textures and two colors. In addition and separate from the street trees, a berm is proposed abutting Settlemier Ave. and W. Hayes St., which is a 2 foot tall earth and berm and then a 3 foot tall vegetative screen. That will give an enhanced appearance to what is seen today on the site from the abutting roadways. Planning Commission Meeting March 9, 2006 Page 17 of 27 Slide #9 Viewing the architecture, you can see how it looks from Settlemier Ave. with the improvements, the fayade upgrade, architectural dormers, and the northwest part of the existing structure. Slide #10 The proposed new wing of the structure is slightly taller with a clerestory feature, studio features, and a new entrance to the structure. It is also located within and abutting the Neighborhood Conservation Overlay District which protects Woodburn's most essential and historic neighborhood in the downtown area. Slide #11 On the site plan it shows several proposed accessory structures for outdoor play. The point with this design part of was to remove the outdoor area from abutting the roadway and putting them behind the structure to the north and to the east and slightly to the south. Because of weather conditions in Oregon accessory structures proposed within those areas provide storage and weather protection of the areas. Associate Planner Richling stated that the applicant's proposal met all the applicable standards of the WOO with the exception of proposing parking spaces located in the front and interior yard setbacks and parking located abutting the street in the RM zone. The applicant is proposing a reduced driveway throat length for access coming off Settlemier Avenue, structural additions and encroachment into the northwest and east interior yard setback areas and reducing the required boundary and connecting street improvements to Settlemier Ave. and W. Hayes Streets. The applicant submitted variance request to allow parking and setbacks in the yard abutting a street the RM zone to reduce the required throat length and to allow structures in to encroach into interior yard setbacks as well as to waive the boundary and connect street improvement standard. Staff is in support of the variance to allow parking and setbacks in the yard abutting the street in the RM zone. The 30 or so spaces proposed in the 20 foot front yard setback and the 24 foot interior yard setback in the RS zone cannot be located anywhere else on the site. It is an arrowhead shaped site with special constraints with the design. The requirement for the front yard planting density and berm screen abutting the roadways, it will effectively obscure the appearance of the off-street parking area from the abutting roadways. It is a similar standard that commercial developments would be required to meet because it is a residential institutional use. The 6 foot wall is proposed along the property line and continuing down to where it is zoned RM. With the architectural wall and laurel hedge the off-street parking will be well obscured from the abutting residential use. Staff is also recommending approval of a variance to reduce the required driveway throat length from the required 50 foot to 47 foot & 48 foot and it is a minor deviation. For the majority, of the time the 50 foot throat length will be met or exceeded. Planning Commission Meeting March 9, 2006 Page 18 of 27 Staff is also recommending approval of variance to allow the encroachment of portions of the 6625 sq. ft. building and the structural additions to the existing building into the 30 foot interior yard setbacks in the northwest and east portions of the site. This structure is currently located 24 feet back from the property line, which is the minimum if it were a single family residence. The architectural design is being minimized to present a residential type look and not have a hard interface between the institution and residential use. In the northwest portion of the site the existing structure already encroaches into that setback area. In order to meet some of the design guidelines, the applicant has provided the dormers and clerestory. While they may encroach into the existing non- conforming setback, the visual appearance will be enhanced and should be less obvious than the current structure. The architectural wall will be abutting the property line all the way around. In combination with the landscaping plan, the applicant is proposing heavy vegetation abutting the wall in that location and there are several existing large trees and several proposed trees that should minimize the impact it would have on the abutting residences. Staff is also recommending approval for the variance to the boundary and connecting street improvement requirement for Settlemier Ave. and Hayes St. designated as a minor arterial and local street and the Woodburn Transportation Plan. While classified as a minor arterial, the accompanying uses abutting Settlemier Ave. are typically residential. There are a few commercial uses further to the north. The 4 oot right of way dedication is required as part of the property line adjustment. The applicant has dedicated 25 feet of right away on the southern portion of the site. They have also dedicated 7 feet of right of way on the portion that abuts Settlemier Ave. From the center line to the property, the actual property right of way is met. The issue then arises from the cross section not being what it should be with the Woodburn Transportation System Plan. According to Public Works comments, the intersection improvement for the Hayes/Settlemier intersection is identified in the City's Capital Improvement Program. The City has not yet determined the final alignment. There are three (3) options that Public Works had mentioned. Any improvements to that portion of the site, in terms of right of way and cross section improvements would be premature at this point due to the alignment not being determined. Therefore, it would be unwise to make improvements that would have to be removed so new improvements could be made in a very short period of time. In addition the final draft of the October, 2005 Woodburn Transportation System Plan (TSP), which is a part of the Comprehensive Plan bundle designates a portion of Settlemier Ave. as the Historic Settlemier Transportation Corridor. While it is designated a minor arterial in the TSP, the goal is to preserve the historical integrity of that corridor and full street improvements would not be required for the sake of protecting the heritage of the site, the large walnut trees that abut Settlemier Ave., and some of the homes that are located very close. Slide #12 Full dedication of right of way along the entirety of it would significantly eat in and cause sites to become non-conforming. It has been the direction of the TSP update to eliminate that issue with exception of sites that will require a center turn lane or bike lanes. It will not require a full street improvement within that zone. While it is not in effect, it has been adopted by the City Council. Planning Commission Meeting March 9, 2006 Page 19 of 27 ~ Slide #13 The applicant has submitted a rough proportionality traffic report that mirrors the opinion of the Public Works Department and City staff of the existing amenities and right of way. The 7 foot dedication on Settlemier Ave. and 25 foot dedication on W. Hayes St. is sufficient to accommodate the proposed development. Based on the information in the report and information provided by the applicant and the applicable review criteria, findings to approve DR 05-10, CU 05-03, VAR 05-14, VAR 05- 15, V AR 05-16 and V AR 05-17 can be made. Staff recommends approval of the proposal subject to the conditions of approval included in the staff report. Associate Planner Richlinq was then available for questions. Commissioner Jennings asked about the improvements to the Hwy 214/Settlemier intersection. Has Public Works mention the probability of widening on Settlemier Ave. and in the particular area and if the intersection improvements would end north of Gary's Market? Associate Planner Richling explained that based on conversations with Public Works, he understood it would expand to the West and not the East. In the location of the particular property, the discussion was to widen to the West with the exception of the Hayes/Settlemier intersection, although it has not been determined, and would end north of Gary's Market. Commissioner Hutchison commented on the intersection possibilities. Inquiring about the three (3) possibilities provided in the TSP. He questioned the street improvements being based on the traffic flow. Associate Planner Richling stated with the rough proportionality report the applicant provided the site demonstrated that it did not meet the threshold for a TIA. Commissioner Jennings commented that he agreed with Commissioner Hutchison in regard to the intersection of Hayes St. and Settlemier Ave. but that has nothing to do with their development, since it is City Council's decision on the future intersection improvements in that area. The applicant has taken in to consideration the easements with Council's future decision making. Commissioner Hutchison stated that his concern was a request not made by staff at the time the Urban Growth Boundary project was presented and would it expand the entire development downtown with total housing. He did not believe the infrastructure was going to develop the road across the freeway, where it could become a traffic issue. The traffic issues keep rising. Each development may not increase the traffic a significant amount, but looking 10 or 20 years ahead with more developments going in and no infrastructure to support it, it will cause more issues. Commissioner Vancil mentioned that project would be adding 20 employees and does not trigger for the applicant to make the improvements being mentioned. The improvements would be made in the future and in a certain form. Also it was decided last fall not to take out all the trees on Settlemier Ave. Planning Commission Meeting March 9, 2006 Page 20 of 27 Vice-Chairperson Bandelow stated that the project could not take that into consideration because of the traffic plan decided on by City Council. Commissioner Jennings stated that the study shows only the traffic impact for the particular development and does not have anything to do with Boone's Crossing nor should it. Vice-Chairperson Bandelow invited the applicant for testimony. Rod Walker, 9147 W. Pioneer Ct., Wilsonville, Facilities Manager for Oregon Child Development Coalition, applicant. Stated a brief history and background of OCDC (handout was facilitated by the applicant). The handout was created by Marion County describing the programs in the county. The OCDC is a non-profit corporation that is primarily funded through a grant from the headstart bureau and a federal level of health and human services. It operates Migrant Seasonal Headstart Programs in eleven (11) counties in Oregon and serves approximately 2500 children per year. In Marion County there are four (4) sites where the programs are operated. OCDC Program has been in existence for 35 years in Oregon. It is also the third largest Migrant Headstart Program in the country. OCDC supports the economy and the agricultural communities by providing child care, food programs and other social service programs to migrant farm worker families. They have good support from the agricultural community, from farmers and growers throughout the state. The Woodburn site has been operating since 1994 and the building was being leased. Prior use was a nursing home and extensive remodeling was done to accommodate the childcare pre-school programs. The two residencies that were removed had been previously used for administrative offices and due to the age and condition became a hazard. They were torn down in preparation of the new project. The administrative offices are now located in a leased space on Hwy 99 across from Nuevo Amanecer. The 20 additional employees mentioned in the staff report are individuals returning to the site who were housed in other locations. The intent was to bring back those individuals nearer to the children by locating them where the programs are occurring. The number of children is not changing, instead enhancing the environment for the children is enhanced and administrative space is created. Also trying to alleviate some problems with the site throughout the occupancy. One issue is traffic because of the layout and access from Lincoln and 6th Street right of way that is now vacated. There have been a lot of traffic into that neighborhood and the buses have parked on the site. The parking has been limited in the way it is configured. The plan is to alleviate those problems by increasing the parking, eliminating the access from 6th Street and moving the bus parking off-site. He stated that Associate Planner Richling did a great job presenting the project and there is nothing else to include. He closed his remarks and was open for questions from the Planning Commission. peter Grimm, Scott Edwards Architecture, 2214 SE 59th Avenue, Portland, re-iterated that Associate Planner Richling did a good job covering the project. OCDC has been on the site for about 10 years and the development will be enhanced. The request is to improve an asset to Woodburn and its community. The staff report mentions that OCDC does fulfill an essential need for the community. He has been a part of the project for five Planning Commission Meeting March 9, 2006 Page 21 of 27 (5) years. As the project architect, the goal was to design a facility that conveys the compatibility with the surrounding residential community. It is a beautiful facility. Working with the planning department for the previous few years helped to refine and design a center that could serve as a focal piece to the community. It is a gateway location because it is on Settlemier Ave. The architecture firm has developed other sites for OCDC and received recognition for award winning projects in regional architectural and hope to do the same for the Woodburn site. In regards to the future traffic concerns, OCDC has dedicated 7 feet along Settlemier Ave. for future city decisions on street improvements. OCDC has done what can be done at this point to work with the City to the maximum flexibility in the future. There were discussions with Public Works and Randy Scott sent several draft options for the intersection of Hayes St. and Settlemier Ave. and all options would be accommodated with the right of way dedication from OCDC. Vice-Chairperson Sandelow thanked the applicants and invited Proponents for the OCDC Project. PROPONENTS Kris Patrick, 569 N. Settlemier Ave., Woodburn, stated that her residence is adjacent to the proposed OCDC building. Further stating that she was excited about the landscaping proposed and believes that the building needs an overhaul. She is very supportive of the Headstart Program. She did have a concern about the landscaping of the property and the lighting. Currently there is a bright light from the Urgent Care Facility that beams into the upper bedroom window. Wants to see a type of lighting inputted that would be respectful to the residential community. Mr. Grimm responded to the concern by stating that the lighting was designed not to glare onto adjacent properties or onto the roadways. OCDC was required to submit a photometric plan, which is like an engineering drawing that showed the light levels on the site. Everything has been done to minimize the light levels, especially in the back. The facility is used during the day time hours primarily and the need for strong lighting is not required. Vice-Chairperson Sandelow asked for additional proponents. Ronald Schultz, 682 W. Lincoln Street, Woodburn, asked about 6th Street being vacated and wanted to know what will become of 6th Street. Associate Planner RichlinQ responded that on January 9, 2006 City Council had formally adopted the city ordinance to vacate the portion of 6th Street. The north side of the property will have a locked gate that will be available for fire access. The rest of the access way going towards Lincoln Street is going to be paved over and maintained as a fire access. Schultz asked if it would fall under property taxes for the street improvement. Interim Community Development Director Zwerdling recommended that Mr. Schultz contact personnel at the Public Works Department. Staff in the Public Works Department could review the ordinance in detail. Planning Commission Meeting March 9, 2006 Page 22 of 27 Sue Christensen, 458 West Hayes Street, Woodburn, stated that the architectural design looked great and had one concern about the abutting wall. Depending on what will be done with the intersection will the wall present a visual hazard to turn onto SeWemier Ave. and create a traffic difficulty to enter the street. If the intersection is removed at this time, with the presented options, will there be traffic issues to get to the school or other surrounding businesses or residences? Interim Community Development Director Zwerdling commented that there are visual clearance standards for walls where there are two intersecting streets as well as driveways. Those are required with the current project. In regards to the alignment issues, that is the broader spectrum of the City Council and their three options can be addressed at their meeting. Vice-Chairperson Sandelow stated that the taller walls are abutting the residential area not the streets. Interim Community Development Director Zwerdling agreed with the comment stated and demonstrated on the slide where it showed the stepped wall because of the required wall height that can be achieved from a certain distance from the front property line. The applicant will comply with the requirements. OPPONENTS Vice-Chairperson Sandelow closed the hearing since there were no opponents to the project and opened for discussion by the Planning Commission. Commissioner JenninQs commented that it would be a great asset to the community. The applicant has done a great job with the particular piece of property. He appreciated that the applicant made great effort to make the property blend in with the neighborhood. There was much detail included in the proposal that explained the development of the project without needing further explanation. It will add improvement to Settlemier Ave. with the new changes proposed compared to the existing conditions. He also stated that widening Settlemier Avenue will not go beyond Lincoln Street if it became a historical area because the tree retention will not allow for it. Improvements are done on the West side because the Cedar trees are on the East side and will not be cut down. Other projects will use the south bypass. Any of the three options chosen by the City Council will best serve the area. Commissioner Hutchison commented that he was in favor of the project and it will enhance the property and community. He stated that there have been system development questions and representation was not available for answers. He requested that a representative from the Public Works Department be made available at the meetings to answer questions from the Planning Commission, the applicant(s), and the community so that recommendations can be made based upon all the supplied facts. Vice-Chairperson Sandelow commented in regards to the possible changes to Hayes Street, she understood that the change would not have a direct effect on the traffic flow in regard to the property and project. Planning Commission Meeting March 9, 2006 Page 23 of 27 Interim Community Development Director Zwerdling responded that the changes were not under the purview of the Planning Commission at this point. The development is not going to impact as such that it would be the mainstay of full improvement. There is a place where it will be discussed and all the input would be generated. Also, if a representative from the Public Works Department is requested to attend the Planning Commission meeting, the Community Development Department can be contacted so arrangements can be made prior to the meeting. Vice-Chairperson Sandelow commented that the Planning Commission appreciates receiving the packets well in advance before the meeting. It allows for time to review the materials. Commissioner Hutchison commented that in some decisions such as subdividing a lot that had no impact on the streets being developed, there is not a need to request a representative. Although in a couple of situations the need of a representative would have helped answer some of his questions. In future meetings if a representative is needed, he would contact the Community Development Department and make the request in advance. Commissioner Jennings commented that making a phone call to the Community Development Department about having a representative from the Public Works Department being present, would not make a difference with the Hayes/Settlemier street improvements because it is strictly a City Council decision. There have been some meetings where it would have been appropriate to have Randy Rohman, Transit Department, who could answer questions. Making a phone call to the Community Development Department, who would support representatives attend meetings, so as long as there is advance notice. Commissioner Hutchison stated that he thought the Variance request being voted on was pat of the Hayes/Settlemier intersection. Commissioner Jenninqs stated that the project includes the easements to take care of requests. The Planning Commission's decision on the easement will have no bearing. Vice-Chairoerson Sandelow informed the Planning Commission that the street improvements would not be required on Settlemier Ave. in any case. Commissioner Vancil commented that it is a great project. The Planning Commission needs to work out the transportation issues and apologized to the applicant for taking up time to discuss Planning Commission issues. He fully supported the project and stated it was a great addition to the neighborhood. He stated he had transportation concerns but they were not related to the project being heard. Commissioner Jennings commented about the second entrance with the way the intersection is placed and a possible turning lane. He stated that there were options and street improvements be made in a way that the variance could be denied. His decision should be based upon the development being done to the best ability of the applicant. It will be a fine project and will be an enhancement to the area. Planning Commission Meeting March 9, 2006 Page 24 of 27 Commissioner Grigorieff complimented on the design, color scheme and consideration to the neighboring residents, which is great. The children will enjoy the enclosed play area, even during the rainy season. She would vote on the approval of the project. Commissioner Vancil moved to recommend the approval of DR 05-10, CU 05-03, VAR 05-14, VAR 05-15, VAR 05-16 and VAR 05-17, subject to the conditions of approval. Commissioner GrosJacques seconded the motion, which unanimously carried. ROLL CALL Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Lima Bandelow GrosJacques Vancil Grigorieff Hutchison Jennings yes yes yes yes yes yes Interim Community Development Director Zwerdling commented that a Final Order for DR 05-10, CU 05-03, VAR 05-14, VAR 05-15, VAR 05-16, subject to the conditions of approval was available for motion to accept by the Planning Commission. Vice-Chairperson Sandelow made a voice motion, which carried unanimously. ITEMS FOR ACTION None. DISCUSSION ITEMS Interim Community Develooment Director Zwerdling stated that the City Attorney, Sob Shields, was not able to get Adrian Brockman to come to Woodburn, but he has offered to lead the session. That would be an excellent idea with him being in-house and he could tailor the workshop for the Planning Commission. With listed items he could begin working on those items. If there are certain items the Planning Commission had in mind and wants included, it can be added to the list. Commissioner Vancil commented that Transportation because of the concern of traffic and the development of it and the funds are unavailable for repairs. The legal options the Planning Commission has available for recommendations that can be made to the elected body regarding potential denials based on transportation concerns. Interim Community Development Director ZwerdlinQ stated she will add ex-parte contacts to the list and will have the City Attorney review the item because it is a typical issue that is brought up practically every hearing. Commissioner Jennings commented that by having the City Attorney do the workshop, he could also relate it to the City of Woodburn policies and can be addressed at that time. Interim Community Develooment Director Zwerdling stated that part of the discussion could be conditions of approval. He could discuss the requirements of on-site or off-site in regard to proportionality issues. That would be very beneficial. Planning Commission Meeting March 9, 2006 Page 25 of 27 Commissioner Vancil stated that the projects brought great examples of triggers of street improvements and the effects of decisions made today could effect future improvements and developments. Commissioner Hutchison commented that the report stated the traffic applied and the near regional growth in the area. The forecasts need to be based upon what will happen in the future. Commissioner Jennings stated that the forecast is located in the Comprehensive Plan and Transportation System portion. Attaining the information when required to make decisions. Commissioner Vancil stated that having an expert from Public Works would answer questions having to do with arterial impacts by new developments or changing uses on a main street. Experts from the departments can project for the Planning Commission and advise about the impacts. An example would be 1-5 and Hwy 214. The same occurrence happened when discussions were made about the expansion of the interchange. Decisions cannot be made based on the Comprehensive Plan, but with an expert at hand. Commissioner Jennings stated that most questions brought up during the meeting were talked about for some of the developments and traffic studies being done. Vice-Chairperson Sandelow requested for a date the workshop could be scheduled. REPORTS Vice-Chairperson Sandelow opened discussion about the information on the tracking sheet. Interim Communitv Development Director Zwerdlina stated that a Conditional Use item is scheduled for the second meeting in March. Commissioner GrosJacQues commented that he will be absent for the March 23. 2006 meeting. BUSINESS FROM THE COMMISSION Commissioner Jennings brought up the discussions about the WOO focus group that will be compiled. He wanted to see the parking item added to the list and the Planning Commission should call Interim Community Development Director Zwerdling about adding items to be discussed in the workshop. Commissioner Vancil mentioned he wanted a workshop item discussed that would explain the triggers of variances. There were some developments that went through a variance process and the Planning Commission was asked to review and decide and possibly reduce the amount of variances required. Commissioner Jenninas stated the former Community Development Director had distributed an informal sheet with a list of items and the Planning Commission can add items to the list. Interim Community Development Director Zwerdling stated that she had the informal sheet and could re-distribute to the commission members and would include some newer items of more recent cases such as the wrought iron fence provision and the conditional use. Planning Commission Meeting March 9, 2006 Page 26 of 27 Commissioner Vancil stated that being friendly to developers without destroying the community would bring an equal balance. Vice~Chairperson Sandelow stated that adding the parking issues and its feasibility. Interim Community Development Director Zwerdling stated that the parking issue is already an item on the list that will be looked at. Vice-Chairperson Bandelow had a question in regards to traffic and the fact there had been visual improvements to 1-5. She wanted to know who would be funding the improvements to the interchange for the Keizer Development. She asked if it included the overpass changes because there is revamping of the Chemewa exit and other changes. Are the taxpayers funding it or is the developer funding it? Commissioner Jennings stated that the Keizer Development is being paid by the developer and who is paying large sums. If the changes are in fact happening, the funding would more than likely be from the developer because there probably is no funding available for the freeway improvements. It would have to go through the legal process of Statewide Transportation Improvement Plan (STIP) and have the Building Department involved. ADJOURNMENT Commissioner Jennings moved to adjourn the meeting. Commissioner Grigorieff seconded the motion, which unanimously carried. Meeting adjourned at 9:40 pm. CLAUDIO LIMA, CHAIRP SON APPROVED ATTEST Naomi Zwerdling Interim Community Development jrector City of Woodburn, Oregon Planning Commission Meeting March 9, 2006 Page 27 of 27 COUNCIL BILL 2621 - AMENDMENT TO RESOLUTION: COX/LONERGAN... amend to delete sub-paragraph A of Section 4 concerning single family owner-occupied self-help homesite, and secondly, to further amend Section 4 by adding a provision that the buyer will agree to indemnify to the extent permitted by law the City against future liability for environmental clean-up on the site.