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Agenda - 07/24/2006 CITY OF WOODBURN CITY COUNCIL AGENDA JULY 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 WARD V EUDA SIFUENTEZ, COUNCILOR WARD VI CITY HAll COUNCil CHAMBERS - 270 MONTGOMERY STREET 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. Music in the Park presents Born on Tuesday on July 25,2006 and Golden Bough on August 1,2006. Both performances begin at 7:00 p.m. B. The 23rd Annual National Night Out is August 1, 2006, 6:00 to 10:00 p.m. To register call the Woodburn Police Department at 982-2345. C. A public hearing will be held on August 14, 2006 to consider Comprehensive Plan Map Amendment 04-02, Zone Change 04-03, Conditional Use 04-10, Design Review 05-03 and Sign Design Review 06-06 for the properties located south of Newberg Highway, east of South Woodland Avenue and west of Interstate 5. D. Walt's Run will be held on August 12, 2006, 8:00 a.m., at Centennial Park. Registration forms can be obtained at the Aquatic Center. E. Volunteers needed! KaBOOML in conjunction with Home Depot, will be constructing a playground at Nelson Park on Greenview Drive on August 24, 2006, starting at 7 a.m. Volunteers are needed to identify local resources including food, tools, and more volunteers and plan and organize activities for kids who will be there on build day. Appointments: None-, "Habra il1terpretes oispol1ib(es para aque{(as persol1as que l10 bablal1 Il1g(eS, previo acueroo. Comul1jquese al (503) 980-:2485:' July 24, 2006 Council Agenda Page i 1 1 4. PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: None. 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 July 10, 2006 1 Recommended Action: Approve the minutes. B. Woodburn Planning Commission draft minutes of July 13, 2006 8 Recommended Action: Accept the draft minutes. C. Woodburn Recreation and Parks Board draft minutes of July 11, 19 2006 Recommended Action: Accept the draft minutes. D. Claims for June 2006 21 Recommended Action: Receive the report. E. Police Department Statistics - June 2006 28 Recommended Action: Receive the report. 9. TABLED BUSINESS None. July 24, 2006 Council Agenda Page ii - .. 10. PUBLIC HEARINGS None. 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 2636 - Ordinance amending Ordinance 2138, 34 granting authority and establishing procedures for inventory searches by the Woodburn Police Department, and declaring an emergency Recommended Action: Adopt the ordinance. B. Council Bill 2637 - Phone system upgrade contract award and 39 Ordinance adopting a supplemental budget for fiscal year 2006-2007 and declaring an emergency Recommended Action: Award a contract to Nexus IS, Inc. to upgrade the existing phone system and extend service to the new Police facility, authorize the City Administrator to execute an agreement in an amount not to exceed $50,510, and adopt an ordinance authorizing a contingency fund transfer of $21,703. C. Council Bill 2638 - Ordinance relating to improvements of 44 Country Club Road between Boones Ferry Road and Astor Way, adopting the local improvement district, directing the contract award, providing for payment of costs through assessment of properties in the local improvement district Recommended Action: Adopt the ordinance. D. Council Bill 2639 - Resolution entering into a contract 56 amendment to the FY 2005-2006 Special Transportation Fund Agreement with the Salem Area Transit District and authorizing the City Administrator to sign such amendment Recommended Action: Adopt the resolution. 12. NEW BUSINESS July 24, 2006 Council Agenda Page iii >.....,. T 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 06-02, Variance 06-04 and Exception 06-01 located at 1501 Industrial Avenue. 65 14. CITY ADMINISTRATOR'S REPORT 15. MAYOR AND COUNCIL REPORTS 16. EXECUTIVE SESSION A. 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). B. To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (1) (f). 17. ADJOURNMENT July 24, 2006 Council Agenda Pageiv "[ 1 SA COUNCIL MEETING MINUTES JULY 10, 2006 TAPE READI1\G 000 1 DATE. COU~CIL CHA~lBERS, CITY HALL, CITY OF WOODBU&.'i, COUNTY OF MARION, STATE OF OREGON, JULY 10,2006. 0018 ROLL CALL. :\1ayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Police Chief Russell, Public Works Manager Rohman, Interim Community Development Director Zwerdling, Recreation Services Manager Patterson, Senior C.E Technician Scott, City Recorder Tennant 0054 ANNOUNCEMENTS. A) Music in the Park: Upcoming performances in Library Park are as follows: July 11, 2006: Gail Gage Band, 7:00 p.m. July 18,2006: Mollybloom, 7:00 p,m. Mayor Figley stated that this year's kickoff event for Music in the Park was held last Tuesday at the July 4th Celebration with an excellent, and much appreciated, performance by the 2341h AmlY Band. B) Reception for Community Development Director will be held on Wednesday, July 19,2006,3:00 - 5:00 p.m., City Hall Council Chambers, to introduce Jim Allen as the City's new Community Development Director. This date is a correction from the July 20lh date listed on the agenda. C) Basset Hound Games will be held on July 16, 2006 at Legion Park with registration beginning at 8:30 a.m. and the games beginning at 10:30 a.m.. D) Brd Annual National Night Out will be held on August 1,2006 from 6:00 p,m. to 10:00 p.m.. Neighborhood groups are asked to register with the Police Department prior to this event and those registered will receive a visit from the Police Department and/or ~tayor and Councilors. E) KaBOO;\I!, in conjunction with Home Depot, \vill be constnlcting a new playground at Nelson Park on Thursday, August 24,2006 and Volunteers are ~eeded to idcnti fy local resources including food, tools, and additional volunteers for this project. Interested individuals arc asked to contact the Recreation and Parks Department for morc in f0n11ation. \layor Figley st<ltcd that the objective is to build this playground in l)l1C day and many more \0 luntecrs are needed on the actual construction day. Rccrcat ion Services ~ tanager Patterson stated that there is a need for about 50-90 Page I - Council \leeting Minuks, Junc 26, 2006 1 ....,. 1 COUNCIL lVlEETING MINUTES JUL Y 10, 2006 TAPE READING volunteers on build day and Home Depot will be furnishing an additional 200 volunteers throughout the day, Project start time on August 241h is 7:00 a.m. and, if all goes well, the playground should be completed by 3:00 p.m.. F) ~Iayor and Council Positions: Filing period will conclude on Tuesday, August 29, 2006,5:00 p.m. for the following positions that will be voted on at the November 7, 2006 General Election: Mayor - At Large position (2 year term) Councilor - Ward III - (4 year term) Councilor - Ward IV - (4 year term) Councilor - Ward V - (4 year term) Nomination petitions can be obtained from the City Recorder. 0333 PROCLAMATION: 23RD ANNUAL NATIONAL NIGHT OUT 2006. Mayor Figley declared August 1, 2006 as National Night Out in the City and encouraged all citizens to participate in this annual event which promotes police-community partnerships in crime, drug and violence prevention efforts, and neighborhood safety and awareness. 0420 PRESENTATION: WATER MANAGEMENT AND CONSERVATION PLAN. Pub lie Works Manager Rohman stated that development of a Water Management and Conservation Plan was a department objective for the current fiscal year in order to comply with an Oregon Administrative Rule that would document the use, management, and conservatiun of the City's water resources. The plan is required to be reviewed and approved by the Oregon Water Resources Department and it is required to support City applications for water use, permanent amendment extensions, and exchanges. Periodically the City does apply for extensions for use of the City's water rights since the City does not utilize all allocations of its existing water rights at this time. The next extension application is due during the first part of 2007 and this plan needs to be approved prior to the filing of the application, Major elements of the plan include water system description and elements on water conservation, curtailment, and supply. The City is in compliance with all of the required actions of the OAR but there are some clements of conservation that need to be addressed in the plan. The curtailment element will require Council involvement before the plan is finalized since it requires the development of a plan that has 3 stages of alerts, various triggers for each alert stage, and certain curtailment actions that would take place at each stage of the alert. Staff will develop suggestions for these alert stages and meet w'ith the Council this fall to revic\v Jnd obtain Council direction in order complete the plan document for final Council consideration and approval. It was noted that the City will need to review and update the plan e\'cry five years once the State has issued an order of approval. It is staff's intent to incl)rporate the \Vater :\lastcr Plan Jnd the :\lanagemcnt & Conservation Plan lnto one document by 2011. Counci lor Lonergan questioned \\hat, if anything, \vould happen if the City did not n~nc\V Page 2 - Council Meeting :\linutes, June 26. 2006 2 i 1 COUNCIL lVIEETING lVllNUTES JUL Y 10,2006 TAPE READI0lG water rights in a certain area. Public Works Manager Rohman statcd that the City has the water rights but we are not fully utilizing those rights at this time. There is a process for the City to follow that allows for extension of use every five years and there is no danger in the City losing thcir water rights. He also stated that the City has not experienced a real water shortage since 1992 and 1993 and potential triggers in the future could be having one or two water treatment plants down or if their was a drought situation where a treatment plant was down and existing wells are reaching a certain static water level whereby water use needs to be curtailed. With the increase in water storage and, provided that all of the wells are working properly, the City will not reach capacity until 2015. 1077 PRESENTATION: CERTIFICATE OF APPRECIATION TO INTERIM COMMUNITY DEVELOPMENT DIRECTOR ZWERDLING. Mayor Figley presented Naomi Zwerdling with a Certificate of Appreciation for her work as Interim Director from July 2005 until July 2006. She stated that Ms. Zwerdling did a difficult job in an overloaded department while the recruitment process for a new Director took place. 1197 CHAMBER OF COMMERCE REPORT. Nick Harville, Executive Director, brought the Council up to date on several Chamber projects: 1) the Visitor Center at Woodburn Company Stores averaged 80 people per day last week with 1,600 visitors at the Center last month and an anticipated 2,000 visitors in July. 2) the Chamber has been working on workforce development linking education (four school districts in the area) with industry in the area, He briefly reviewed the program that gives students the opportunity to look at careers that are available in the area with the companies in the area and the student can then create their own portfolio and map their education path so that it will help them with their desired career. It will also help individuals who work for these companies to do a skills assessment and then assist them in focusing on classes that would help to advance within their company. 3) Chamber is working with a group of merchants on Highway 99E who are concerned about the number of empty spaces Highway 99E and, with the help of these merchants, they are developing a strategy to bring businesses into this area. 4) the Tourism Alliance has decided to focus on group tourism and agri-tourism \vhich \\ould include heritage and historic tourism. They are developing sample itineraries that can be distributed at \Iotor Coach conferences / convention that \vould include areas of interest in and around W oodbum. 5) the Branding process is moving into its tinal stages and a Brand Advisory meeting will be held this week. The biggest job for the Chamber \vill be sell the "brand" to the community since the "brand" \vill be ~lVailable for use by the Chamber and the Cl)111lTIuni tv. [)age 3 - Council \-keting ~linutes, June 26,2006 3 ..,. T COUNCIL MEETING :\lINUTES JUL Y 10, 2006 TAPE READING 6) the Chamber has been working with individual businesses on the Q Customer Service Training program and one of the local large distribution centers is customizing the program for their business with their head office taking an interest in this program for their potential use company-wide. 7) Lastly, he stated that the Chamber office will be moving to downtown Woodburn this fall into a building located at the comer of Lincoln and Front Street. The building is now owned by Tom Flomer and remodeling of both the interior and exterior are currently taking place. 1575 CONSENT AGENDA. A) approve Council minutes of June 26, 2006; B) accept the draft Planning Commission minutes of June 22, 2006; C) receive the Planning Tracking Sheet dated June 29, 2006; D) receive the Building Activity report for June 2006; E) receive the Recreation Services Division Attendance Report for June 2006; and F) receive the Recreation Services Division Winter & Spring Revenue Report through June 30, 2006. l\ICCALLUM/NICHOLS... adopt the Consent Agenda as presented, The motion passed unanimously. 1642 PUBLIC HEARING: COUNTRY CLUB ROAD STREET IMPROVEMENT. Mayor Figley declared the public hearing open at 7:29 p.m. and no declarations were made by the Mayor or Councilors. Public Works Director Tiwari reviewed the staff report outlining the Local Improvement District (LID) boundaries and cost projections as adopted by the Council at their June 12, 2006 meeting in the Country Club Road LID Engineering Report. To date, no written remonstrances have been received by the City, The proposed improvement is the area beginning 1 block east of the Astor Way intersection west to Qwest's property line which is just \-vest ofBoones Ferry Road. The proposed improvement would provide for two (2) travel lanes, bike lanes and sidewalks on both sides of the roadway, street lighting, and utility undcrgrounding, The sidewalks will extend from Astor \Vay to Boones Ferry Road. The estimated project cost is $452,500 which includes some financial support from the City for utility undergrounJing. Benefitted property owners on the north side of the proposed improvement wi 11 be assessed a lesser percentage of costs since they do not have direct access to Country Club Road, Additionally, the developer of the properties to the north has already paid $67,600 to the City for this road improvement which is sufficient to cover the estimated assessment costs to these properties. Properties on the south side only have Country Club Road as an access point. Cost distribution is based on ~he front footage abutting Country Club for those properties on the south side and \vill be assessed for 75% of the cost. The hack lot footage abutting Country Club RoaLl for prt)pcrtics locakd on the n\.)[th :,;ide ha\il1~ no direct approach to Country Club Road will be assessed 25~1,) of the cost. Staff is recommending that the proposed assessment amount Page -+ - Council \:lceting \linutcs, June 26, 2006 4 .....,. ,. COUNCIL MEETING ~lINUTES JUL Y 10, 2006 TAPE READING be the maximum charged to each property and if the cost exceeds the estimate then the City would pay the cost differential. A 1 O-year payment plan under the Bancroft Bond Program is proposed at an estimated interest rate of 6%. :\layor Figley requested clarification that only the property owners abutting Country Club Road within Heritage Park Subdivision are proposed to be assessed, however, these property owners will not be paying anything for this improvement since it has already been paid for by the developer. Director Tiwari reiterated that the property owners within Heritage Park would not be paying any additional money for this improvement. Councilor Bjelland expressed his surprise in seeing that the cost of utility undergrounding is almost the same cost as the road improvement and questioned if there was some special undergrounding required which escalated the cost. Director Tiwari stated that this is a simpler project than many others but staff is finding that undergrounding costs are high. No one in the audience spoke either for or against the proposed improvement project. Mayor Figley declared the public hearing closed at 7:47 p.m., BJELLAND/MCCALLUM... direct staff to prepare an ordinance to substantiate the Council's decision to improve Country Club Road. On roll call vote, the motion passed unanimously. 2924 COUNCIL BILL NO. 2634 - ORDINANCE ESTABLISHING A POLICE TRAINING ASSESSMENT TO BE IMPOSED IN TRAFFIC VIOLATION CASES. Councilor Sifuentez introduced Council Bill No. 2634. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Police Chief Russell stated that the training (local) assessment cannot exceed the maximum fine established by state statute, however, the State and County assessment can excec:d the maximum fine amount. This ordinance would provide for a $5.00 assessment to be used for police training which includes instructor costs for in-house training, sending officers to outside training courses, equipment, expendable items used to do the training, and officer time. It \vas notcd that currently the bail amount on a citation is about one-half (1;2) of the maximum fine amount. On roll call vote for final passage, the bill passed unanimously. i\.layor Figley declared Council Bill ~o. 2634 duly passed. 3210 COl':'-lCIL BILL :\0. 2635 - ORDI~A~CE ESTABLISHING POLICY FOR THE PROVISIO:'-l OF :\IU~ICIPAL SE'VER A:'-lD 'VATER SERVICE TO PROPERTIES LOCATED OUTSIDE CITY BOUNDARIES. Council Bill :-Jo. 2635 \vas introduced by Councilor Sifuentez. The two readings of the bill \\erc read by title only since there werc no objections from the Council. On roll call \ ok for final passage. the bill passed unanimously. Page 5 - Councll :Yketing \linutcs, June 26, 2006 5 '..,. ,. COUNCIL MEETING MINUTES JULY 10, 2006 TAPE READING 3316 }IE:\10RA~DU:\t1 OF UNDERSTANDING CONCERi"lING AMENDl\IE~TS TO WOODBURN'S COMPREHENSIVE PLAN AND URBAN GROWTH BOUNDARY. NICHOLS/MCCALLUM ..... approve and authorize the Mayor to execute the Memorandum of Understanding concerning amendments to Woodburn's Comprehensive Plan and Urban Growth Boundary. Councilor Cox questioned if the Memorandum of Understanding in the agenda packet is the most recent version that was attached to Administrator Brown's letter dated June 27, 2006 to Marion County. Mayor Figley stated that the document is the most recent version, On roll call vote, the motion passed unanimously. 3418 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commission's approval of Variance 06-08 located at 120 Smith Drive: Variance approval allows for the reduction of the 20-foot setback abutting Workman Drive to 14.75 feet thereby allowing an expansion of an existing garage. B) Planning Commission's approval of Sign Design Review 06-04 and Variance 06- 02 located at 1800 West Hayes Street (Nellie Muir Elementary School): Sign Design Review and Variance approval allows for internal illumination of a pole sign not to exceed 6 feet in height. Councilor Cox briefly commented on how the property owner on Smith Drive is now ahle to move forward with their project since they have followed the land use procedure that should have been followed initially. It was also noted that the current sign ordinance provides for monument signs, however, hased on the specific reasons outlined in the application for a pole sign, this application for a variance was approved. 3616 ~IAYOR AND COUNCIL REPORTS. Councilor Lonergan expressed a concern about temporary carports in that a property O\vner on :\lontgomery Street is has been using a tent as a carport for several months. Current city ordinances do not prohibit the placement of these tents in front of the garage but he dill not feel that the City should be allowing the placement of a tent in the front of the home for this purpose. Councilor Bjelland stated that he has also seen where property owners have been using a tent to cover boats and recreation vehicles. \1ayor Figky stated that some limited review has been done on the ordinance and this, along \vith a few other items, may need to be reviewed. Counei lor \lcCal1um updated the Council on the Relay for Life event \vhich has now Llised o\'cr S 116,000. He also stated that the Sakm-Keizer Volcanoes will be playing a hom..:: gam..:: on July 141:' at 7:00 p.m. and the \llarion County Puhlic Safety Coordinating Council ',\ ill he hosting a ":'\0 \-Idh" night at the stadium compktt,; with free T-shirts t'lJr kids, opportunities for baseball caps, and a number of other items. Pag.: 6 - Council \lkcting :'vlinutes, June 26, 2006 6 ...,. ,. COUNCIL l\'lEETING i\UNUTES JUL Y 10, 2006 TAPE READING ~-1ayor Figley stated that attendees at the Woodburn Fireworks seemcd to havc a good time and the fireworks were extremely impressive. She expressed her appreciation to everyone who helped at this annual event, 4000 ADJOU~~MENT. :'olICHOLS/MCCALLUM... mecting be adjourned. The motion passed unanimously. The meeting adjourned at 8:03 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon PJgc -: - CClune il :'vkding \,1 inti tl.?S, J tine 26, 2006 7 8B DRAFT WOODBURN PLANNING COMMISSION MEETING MINUTES July 13,2006 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 hearing procedure board. All persons wishing to speak are requested to come to the podium and give their 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 VancH Grigorieff Hutchison Jennings A P .p P P P l' Staff Present: Naomi Zwerdling - Interim Community Development Director Breah Pike-Salas - Associate Planner Marta Carrillo - Administrative Assistant Jon Stuart - Assistant City Attorney Randy Rohman - Public Works Transit Manager MINUTES A. Woodburn Plannin1!: Commission Meetin1!: Minutes of June 22, 2006. CommIssioner GrosJacques moved to accept the minutes as written. Commissioner Vancil seconded the motion, which unanimously carried. BUSINESS FROM THE AUDIENCE None. COM~IUNICA nONS A. Woodburn City Council Meeting Minutes of June 12,2006 PI"BUC HEARI:\iG Commissioner .Jcnnml!s asked ASSIstant City Attorney Stuart that since the first heanng is a continuation, is it necessary to include the land use statement. Planning COIl/lIllssion Meeting July 13. ::'006Page I (~r 1 I 8 i 1 Assistant City Attornev Stuart stated that as a continued public hearing, the ORS should be read. Interim Community Development Director Zwerdling stated that the ORS would be read because the hearing was challenged and would proceed as usual by starting with the ORS and making the presentation. A. The applicant requests a Comprehensive Plan Map Amendment from "Industrial" to "Commercial," Zone Change from "Light Industrial" to "Commercial General," Conditional Use and Design Review to allow an auto dealership (auto display and parking) for the properties located south of Newberg Highway, east of South Woodland Avenue and west of Interstate 5 (T5S, R2W, Section 11, Tax Lots #106 and #107). The applicant also requests Sign Design Review approval to allow for two pole signs to be located on the subject properties, Wallace W. Lien, applicant. (Continued from the June 22, 2006 Planning Commission Meeting.) Vice-Chairperson Bandelow asked the Planning Commission ifthere are any exparte contacts, conflicts, challenges or declarations. None. Interim Community Development Director Zwerdling read the appropriate ORS and continued with the Staff Report. STAFF REPORT Slide #1 The applicant is Wallace W. Lien and the property owner is Winco Foods, Inc. The applicant is requesting a Comprehensive Plan Map Amendment from "Industrial" to "Commercial" for two properties. The first property is tax lot #106 and is located north of Hillyer's Lane and located. south of Newberg Hwy and located east of S, Woodland Ave. The second property is tax lot #107, which is located south of Hillyer's Lane and located also east of S. Woodland Avenue and south of Newberg Hwy. The applicant is also requesting Design Review approval for an auto dealership for auto display and sales. There are no buildings proposed with this application. The applicant is also requesting Sign Design Review to allow for two (2) 50 sq. ft. pole signs 15 feet in height to be located on the two properties. The subject properties are currently designated Industrial and the properties located to the west and to the south are also zoned light industrial and designated Industrial on the W oodbum Comprehensive Plan Map. Industrial businesses are located on those properties. Winco Foods, Inc. Distribution Facility is located to the south of the subject properties, The property located to the east of tax lot #106 & !i107 is zoned Commercial General (CG), designated commercial on the Woodburn ComprehenSIve Plan Map and is the location of the existing Hillyer Ford Dealership. The properties located to the north across Newberg Hwy are also zoned CG, designated Commercial and are the location of commercial businesses. There is an auto dealership located to the north across Newberg Hwy. The Winco Foods, Inc. DistributIOn Facility consisted of the subject properties and was included as a part of their site. The Oregon Department of Transportation (0001') closed the access on the ~ltllyer Ford Dealership side and created another access, which is now Hillyer's Lane. As a part of that process. two partition requests were submitted and approved by the Community Development Director. The first partition request created tax lot #106, which is located north of Planning Commission Meeting July 13. ]006Page ] of I I 9 i 1 Hillyer's Lane and is surrounded by streets. The second partition request was the southern parcel tax lot #107. Both properties are currently vacant The partition of the northern part of the Winco Facility was due to Winco not needing any more land to expand. The applicant is requesting that the Comprehensive Plan and Zone Change designation be changed on the two subject properties from Industrial to Commercial. The applicant provided the information and findings to justify the request. The City is currently going through the Legislative Amendment process (LA 05-01) for the Period Review/Urban Growth Boundary Expansion. It has been reviewed and approved by the City Council and is currently going through the process with Marion County. The northern parcel was designated to be changed from Industrial to Commercial because of Hillyer's Lane being constructed and having streets on all sides. The smaller sides of the street of the property are not conducive for Industrial development. Recommendation was that the property be changed to Commercial. The southern parcel was not included in the Period Review package that was submitted to the City Council. The northern parcel of the Winco Distribution Facility, which is on the south side of Hillyer's Lane, was attached to the parent parcel and was not analyzed as being a separate parcel at that time. Through staff s findings and analysis the applicant justified the Comprehensive Plan/Zone Change, which is required due to the burden of proof by the applicant. Some of the items were compatible with the applicant trying to expand the existing business on the two properties, which are adjacent to each other and makes sense to expand the current location versus relocating to another part of Woodburn to accommodate a larger facility. The applicant also reinforced the streets on all sides of the northern parcel not being conducive for Industrial development. They have worked with Winco Distribution Facility and the Winco has express that they do not have a need of the northern parcel for expansion because they are at full capacity, All of tht: approval (;ritt:ria was met by the applicant. There are no single-family residential uses abutting the property. Commercial and industrial businesses abut the subject properties, Commissioner Jennings asked if the northern part of the subject property is part of the Period Review Comprehensive Plan Map change that will change the northern parcel over to Commercial. Interim Community Development Director Zwerdling stated that the northern parcel will change to a Commercial Use as a request of the Period Review process. The applicant is submitting a separate request because the period review process is part of the Urban Growth Boundary Expansion process. This expanded the process out by being reviewed and approved by the City, County and State. Dependmg on appeals it could expand the time frame of the change. There was no opposition to the zone change on the northern parcel in the period review process, Vice-Chairperson Bandelow asked about the proposed signs on each parcel and the current sign at the Hillyer site remaining and making it a total of three signs on the site. Interim Community Development Director Zwerdling stated that the Hillyer Dealership is not part of the Sign Design Review application bccause it is an cxisting business and the two parcels ;}rc separate and don't depend on the parent parcel. The auto dIsplay uses, are allowed to have t\VO more sIgns on each sIte. Planning Commissio/l iHceting Jlll.V 13. ]()06Page 3 of 11 10 'i 1 Slide #17 Shows the pictures of the site from southwest and northwest view. Slide #22 Shows the existing dealership photo. Interim Community Development Director Zwerdling recommended approval of Comprehensive Plan Map Amendment 04-02, Zone Change 04-03, Conditional Use 04-10, Design Review 05-03, Sign Design Review 06-06 subject to the conditions of approval that were included in the staff report. She concluded the presentation and was available for questions. Vice-Chairperson Bandelow invited the applicant to the podium for testimony. Wallace W. Lien, 1775 32nd Place NE, Salem, 97303, the applicant. He stated that he agrees with the staff report. He had looked at all of the conditions of approval and discussed them with the architect and the engineer and everything looks in order. One item that he mentioned was the time frame of the Legislative change, which was filed two years prior and the thought process was that it would be processed and approved prior to the Period Review item with all the studies and changes from ODOT, DLCD and BLI happening during that period of time. The basic parcel # 1 06 has already gone through the entire analysis, is approved and will happen. The map shows the Winco Distribution Facility property, tax lot #100, and originally anticipated to be needed for the truck facility. The north section is left over. The Winco Distribution Facility had looked at the northern part of the site and are satisfied that they are not in need of that parcel. There is an access issue that gives rise. When the site plan was developed for the current Ford dealership, about 25% of the Hillyer property was taken by ODOT, during the site planning revit::w process for a dt::kntion area fur the nt::w interchange. What was originally designed for display storage is now an open hole in the ground. There are two situations at hand. The access at H wy 214 is completely gone and a new access was created on the newly built Hillyer Lane. Also the display space is no longer available. In the analysis done of the surrounding dealerships, all are about 15%-30% larger than the Ford dealership. In order to maintain competition, it would be more feasible to include the two parcels for additional use. The space will be for display storage for now and it may be built on later. One of the requirements in the code for parking is to have 50 spaces available and in an open area like the dealership, it is very easy to meet the requirement. Vice-Chairperson Bandelow invited Proponents of the project. Vice-Chairperson Bandelow invited Opponents of the project. Don Kelley, 11001. Second Street, Silverton, 97381, attorney for Dale Baker. Mr. Baker is not avaIlable to personally address the Planning Commission. Kelley requested that further testimony be allowed after the Planning Commission meeting by way of continuing the hearing once more or by leaving the \'vTitten record open for written submittal. The reasoning for the request IS that the applicant, the applicant's attorney and Kelley had not reached an understanding. Planning COli/mission .Heeling Jul.v 13. ]006Page 4 of 11 11 ..,. T After viewmg the materials of the record and making a few notes he was not prepared to address the Planning Commission. He made general comments in regard to the materials provided. The status of the application and legal technical requirements must be met. There are some cnteria In the staff report where findings are absent and where the findings are circular. The findings that are met are not supported in the record. There must be substantial evidence in the record supporting each finding. Ownership of the property shows two deeds. One is deeded to Hillyer Ford and the other is deeded to Waremart, Inc. The status of Hillyer Lane is of question and ODOT's practice with private roads subject to regulation other issues are traffic impact and air quality. Dunng the Period Review process, both parcels were not submitted to have zone change to Commercial. There is no mention of the impact of the residential area. There is a call into question about the Industrial, Commercial and Residential zones of this area for the needs of the community. This property being Industrial could be cause for concern for the community. Part of the Planning Commission review is to look at the surrounding areas and in the vicinity of the site property . Kelley asked the Planning Commission if there would be a decision made to continue the hearing. Commissioner Jennings requested to know what is the objection of the opponent. Kelley stated that Dale Baker was not present and he was not prepared to respond to the question. He also stated that the request would be to deny the applications, so that commercial use cannot be made of the subj ect properties, Vice-Chairperson Bandelow asked the Assistant City Attorney Stuart about answering the request to the continuance and if the decision to continue the hearing is decided by the Planning Commission. Assistant City Attorney Stuart stated that an answer to the request did not have to be made. Kelley stated that he wanted to avoid reading a submitted seven-page report. He stated that an ORS 197 provision entitles a continuation of a hearing or seven days as a minimum to submit additional material in writing. He supplied copies of the seven-page report to the Planning Commission. Commissioner GrosJacques asked about the distance of the Dale Baker property and its location. Kelley stated that it is located across the state highway. He further stated that the objection is that the criteria have to be met and the burden of proof is on the applicant to meet each criterion. The City should have findings showing that the burden has been met, \vhich IS supported by substantial evidence in the record. ~j)mmissioner VancIl asked Kelley if the same law firm he represents was the same one that requested the continuance on the June 22, 2006 Planning Commission meeting. He is now requesting an additional continuance. Planning COli/mission ,Heeling JlI~V 13. ]()06Page 5 of 11 12 ..,. T Kelley affirmatIvely responded that he dId represent that law firm. He stated that he was not able to attend the previous meeting and his associate submitted the continuance of the hearing. Commissioner Jennings stated that the matter between the applicant and the opponent on what was discussed prior to the hearing is a civil matter and it is not the Planning Commission burden to regulate a business transaction, Vice-Chairperson Bandelow stated that the objections are referencing the staff report and Kelley has had ample time to address the issues with staff and with prior discussions with the applicant's attorney there would be an agreement. The staff report has not changed since the continuance. There has been adequate time to address any of the facts and findings. Kelley stated that the objections are the burden of proof on the applicant's behalf. The process of the code states that criteria have to be met and the staff report shows that they are not being met and his report states the deficiencies in the staff report, Vice-Chairperson Bandelow invited additional opponents. None. V ice-Chairperson Bandelow invited the applicant for rebuttal. Lien stated that the statute does state that the opponents are allowed one continuance which was granted at the June 22, 2006 Planning Commission meeting. The statues state that if new evidence is submitted into the record, then an opponent may request a continuance. A brief can be submitted to the City Council if the Planning Commission makes a recommendation to move forward with the project. V ice-Chairperson Bandelow closed the hearing and opened the discussion amongst the Planning Commission. CommIssioner Jennings stated that he heard no objection as to why not to proceed with approval of the project. CommIssioner Vancil stated that he did not agree with continuing the record further two more weeks and will support the land use proposal. Commissioner Hutchison stated that the proposal was in order and is in favor of the approval. He also stated that any opponent has the opportunity to present issues with the City Council at their meeting. Commissioner Grigorieff stated that there are no concrete objections from the opponent and would vote in favor of the approval. CommIssioner GrosJacques made a motion to approve Comprehensive Plan Map Amendment 04- 02, Zone Change 04-03, Conditional Use 04-10, Design Review 05-03, Sign Design Review 06- 06 with staffs facts and findings to support the decision, seconded by Commissioner Vancil. ROLL CALL Chairperson Vice Chairperson Commissioner Commissioner Lima Bandelow GrosJacques Vancil yes yes yes Plal/I/illg COlllmissiofl iHeetiflg July 13. 2000Page 6 of 11 13 I 1 Commissioner Commissioner Commissioner Grigorieff Hutchison Jennings yes yes yes Interim Commumty Development Director Zwerdling commented that a Final Order for approval of Comprehensive Plan Map Amendment 04-02, Zone Change 04-03, Conditional Use 04-10, Design RevIew 05-03, Sign Design Review 06-06 has been prepared. Commissioner Jennings moved to accept the Final Order for approval of Comprehensive Plan Map Amendment 04-02, Zone Change 04-03, Conditional Use 04-10, Design Review 05-03, Sign Design Review 06-06. Commissioner GrosJacQues seconded the motion, which passed unanimously. B. Design Review 06-02, Variance 06-04 & Exception 06-01, Request for design review approval of a 3,888 square foot alcohol manufacturing plant located at 1501 NE Industrial Avenue in the Industrial Park (IP) zone, Mihai Talvan, applicant. Vice-Chairperson Bandelow asked the Planning Commission if there are any exparte contacts, conflicts, challenges or declarations. None. Associate Planner Pike-Salas read the appropriate ORS and continued with the Staff Report, ST AFF REPORT Associate Planner Pike-Salas proceeded with the staff report with a Powerpoint presentation. The applicant is requesting a Design Review to construct a 3,888 sq. ft. alcohol manufacturing plant at 1501 NE Industrial Ave. in the Industrial Park (IP) Zone; variance approval to boundary and connecting street requirements for Industrial Avenue and acceptance approval not to construct a sidewalk on the west side of National Way, Slide #2 The subject property is zoned Industrial Park (IP) and designated Industrial in the Comprehensive Plan Map, The surrounding properties to the north; south across Industrial A venue; east and west across National Way are zoned IP and designated Industrial in the Comprehensive Plan Map. The property to the north is developed with Adwest Supply. The property to the south is developed with the Department of Motor Vehicles (DMV). The property to the east is developed with Affordable Auto Wholesale. The property to the west is developed with Fleetwood Homes. The subject sIte is located outside the 500 year FEMA flood plain and no wetlands are located on the subject site. Slide #3 The building will have materials consisting of ground face block in castle white and split face block III natural color; metal in natural finish color; copper metal panels and glass will be utilized in front of the building. Slide ;;4 Plal/ning Commission ,I"feeling July / 3. ;!()()(iPage 7 oj / / 14 i 1 Six tall windows and skylights protrude from the building to offset the continuous rooftop plane and create an interesting design element. A rooftop garden is proposed to screen necessary rooftop equipment from the abutting streets. Based on the information in the staff report, the information provided by the applicant and the applicable review criteria, findings required to approve Design Review 06-02, Variance 06-04 and Exception 06-0 I can be made. Staff recommends approval of the hearing subject to the conditions of approval listed in the staff report. She was available for any questions. Vice-Chairperson Bandelow asked the Planning Commission, ifthey had questions for the staff. Vice-Chairperson Bandelow invited the applicant for testimony, Mihai Talvan, 15156 SW Turquoise Ct., Beaverton, the applicant and the owner of the subject site. He stated that he went through the process and submitted the applications. He worked with the architects to develop the site plan. One building is proposed now, but in the future, it could expand and he wants to take advantage of the opportunities for Woodburn's growth potential. Vice-Chairperson Bandelow asked the applicant to further explain the type of business ofLil' Bit Distillery. Talvan explained that the product is a fruit brandy. The process is cooking the product in a steel pot, the fruit is added, distilled and then bottled. There will not be a taste testing facility on the premIses. V ice-Chairperson Bandelow asked if the distribution is done with a wholesaler. Talvan stated that he would work with the Oregon Liquor Control Commission for distribution purposes and will insure the legal transportation of alcohol and sales into other states, Vice-Chairperson Bandelow asked if this was the first distillery. Talvan stated that it is the first brandy distillery corporation he has operated. He would operate the business like Clear Creek Distillery in Hood River with fruit flavored brandy. Commissioner Jennings inquired about the amount of jobs created in the area. Talvan stated that for the first two years in this facility, the company would employ five people. If an expansion happens and a second building is constructed, then it would maintain the same number of employees. After a possible 10-year span it could consist of 50-60 employees because of office space. At this point, since the company is just starting, it will be for manufacturing purposes only. Vice-Chairperson Bandelow asked the Planning Commission if they had any further questions or comments for the applicant. Vice-Chairperson Bandelow ll1vlted proponents of the application. DaVld Hmman, Decca Architects, 935 SE Alder St., Portland. Hinman stated the applicant's vision of the product and the facIlity were important and he did not want a typical industrial type Plunning Commission Meeting iI/Iv 13, l006Pagf! 80111 15 ..,. ". building. The applicant wanted to express a quality of the product that will be produced. The building will have sustainable features such as a green roof for high-energy efficiency and potted plants on the property. The copper on the face of the building has a warm effect, but also makes a reference to the type of business. The process of the distillery will be viewed through glass windows. Vice-Chairperson Bandelow invited other proponents. None. Vice-Chairperson Bandelow invited opponents of the proposal. None. Vice-Chairperson Bandelow closed the hearing and opened for discussion amongst the Planning Commission. Commissioner Vancil stated that it looked like a great addition to the City. Commissioner Hutchison stated that the sidewalk issue actually adds value to the Industrial area. In industrial areas having the sidewalk requirement will make the property look great. Commissioner Grigorieff stated that she saw no problems with the project. Commissioner Jennings made a motion to approve Design Review 06-02, Variance 06-04 and Exception 06-01 with staff's facts and findings to support the decision, seconded by Commissioner GrosJacQues. ROLL CALL Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Lima Bandelow GrosJacques VancH Grigurieff Hutchison Jennings yes yes yes yes yes yes Interim Community Development Director Zwerdling commented that a Final Order for approval of Design Review 06-02, Variance 06-04 and Exception 06-01 has been prepared. Commissioner GrosJacqucs movcd to accept the Final Order for approval of Design Review 06- 02, Variance 06-04 and Exception 06-01, Commissioner Vancil seconded the motion, which passed unanimously. ITKMS FOR ACTIO~ ?\Jone. DIscrSSION ITEMS Randy Rohman, Public Works Transit i\lanager. He stated that he was available to answer questions. if the Plannmg Commission had any. Planning CO/llmission Afeefing JlII.'" 13. ]()()6Pagl! (j of II 16 ...,. T Vice-Chairperson Bandelow asked why the streets in Senior Estates are being paved once more, when it did not appear to be in bad shape compared to other city streets that are almost impassible. What are the criteria for prioritizing street improvements or repairs in the city? Rohman stated that the primary need is determined by a contract with Marion County regarding pavement mamtenance evaluation. Marion County comes to the area and reviews the pavement maintenance factors and grade the streets. Public Works then works with the criteria presented. Most of the streets in Senior Estates have not been resurfaced, since they were initially constructed. It may seem that the repairs are not necessary when viewed from a car, but upon walkmg on the street, they are in need of the service. Commissioner Vancil asked where Hayes St. is on the list based on the evaluation. Rohman stated that Hayes St. needs curbs and sidewalks and is on the list of projects. South Front S1. for multiple years was in a situation where re-surfacing was not an option, therefore the type of improvement needed was reconstruction. Eventually, many streets in the downtown area will need reconstruction as opposed to just re- surfacing and the evaluations provide that criteria. The next project on the list is North Front St. for reconstruction. Commissioner GrosJacques inquired about the gravel streets in the city limits. Rohman stated that Tout Street, Elm Street and Carol Street are on the list. No-Name Street and Lincoln Street have been completed. Most are being done through local improvement districts. The extension of Wilson Street is high on the priority list. Brown Street will receive storm drain work. It may also be a part of the Boones Crossing sewer work. Commissioner Vancil asked about the comer of Hayes and Cascade and the damage caused in that area alld will improvement happen within the next five years. Rohman stated that it is a project possibly scheduled after North Front Street. The goal is to do a mile and a half ofresurfacing each year. The targets are those streets that need the resurfacing before they start to decline. Vice-Chairperson Bandelow stated that the improvement is appealing to the neighborhood by adding curbs and sidewalks and adds to the city. Commissioner Hutchison stated that one issue in the Hillyer application was the public road Hillyer's Lane. Rohman stated that Hillyer's Lane is a public right of way that is about 60 feet wide. It is owned by OOOT, is a public street and the city assumes maintenance of it. The street was built by 0001' according to City street standards. It functions as a city street similar to Arney Rd., which is 0001' right of way. CommIssIoner Vancil asked about the area east of the 1-5 Freeway, where the previous Wendy's Restaurant used to be. It looks very un-kept and is it the City's responsibility for maintenance? Planlling COllllnission Meeting July 13, 2006Page 10 or J I 17 I 1 Rohman stated that the area will be cleaned up in the next couple of weeks. It is a cooperative plan wIth 000'1' and the City. The future of that area is a park and ride lot. A project management team is being formed to determine the future of it and will include landscaping and lighting. It will require a land use action. The south side will be impacted by the interchange and modernization. Commissioner Hutchison stated that it is a negative face on the city. REPORTS A. Building Activity Report for May 2006. No comments made. Vice-Chairperson Bandelow stated that numbers look great. B. Planning Tracking Sheet. InterIm Community Development Director Zwerdling stated that there are no items for the second meeting in July. BUSINESS FROM THE COMMISSION Commissioner GrosJacques moved to cancel the Planning Commission meeting for July 27, 2006, seconded by Commissioner Vancil, motion passed. Commissioner Van<:.:il inquired about the new Community Development Director and his start date. Interim Community Development Director Zwerdling stated that he would commence on Monday, July 17,2006 and on Wednesday, July 19 at 3:00 pm is an Open House to welcome the new Director. Commissioner Jennings commented about the landscaping being done on the Wellspring Hospital site. Vice-Chairperson Bandelow stated that it is looking like a good construction site with a nice change from before. ADJOlJRi'lMENT Co~mJ:IliSS19.ner GrosJacques moved to adjourn the meeting. Commissioner Jennings seconded the motion, which unanimously carried. Meeting adjourned at 8:27 pm. APPROVED CLAUDIO LIMA, CHAIRPERSON Date ATTEST JIm Allen ('ommul1lty Development Director CIty of Woodburn, Oregon Date Plullning COllllllissioll Afcc!ting .July 13. l006Page 11 of 11 18 ..,. '" Minutes Woodburn Recreation and Parks Board Tuesday, July 11, 2006 7:00 p.m. 8e I DR AFT 1. Call to Order Herb Mittmann, Board Chair called the meeting to order at 7 p.m. 2. Roll Call Members present: Herb Mittmann, Board Chair; Rosetta Wangerin, Board Secretary; Bruce Thomas, Member, Joseph Nicoletti, Member; Eric Yaillen, Member Absent: Cristal Sandoval, Member Staff present: Steve Patterson, Recreation Services Manager; Paulette Zastoupil, A.A. 3. Approval of Minutes from June 13, 2006. Motion to accept the minutes by Herb Mittmann, the motion was seconded by Eric Yaillen with corrections made to paragraph 8, striking Tukwila and rephrasing a sentence II OGA Golf Course is in the process of developing a strategic plan that would integrate the golf course, city and community." 4. Business from the Audience: None 5. Division Reports Recreation and Leisure Services - Steve Patterson Steve reported that the Chuck Wagon Breakfast and Fourth of July Celebration was a success with the 234th Army Band performing. He encouraged community organizations to take part in planning for next year's celebration. The following special events are scheduled: · Basset Hound Games, Legion Park, July 16, 2006 · Fiesta Mexicana, Legion Park, August 3 - 6, 2006 · Walt's Family Fun Run, Centennial Park, August 12,2006 · KaBOOM! Build Day, Nelson Park, August 24, 2006 Steve reported that the second season for softball is starting, summer camp is going great. He shared that a grant to PAL was submitted and if granted, would bring $7500 to fund part time staff to tutor homework for youth in the youth buildings, after school, during the school year. The department also received a Nike Go Grant of $5000.00, of which $3000 is earmarked for equipment and the remaining $2000.00 for field trips. Steve reported that work was in process for a 501-3c foundation and that an executive board was needed with experience in fundraising. The letter of intent for the Weed and Seed Program was approved by City Council on June 26th and mailed on June 27, 2006. The Weed and Seed grant application due date is January 2007. Bruce Thomas asked if their were any planned activities for teens during the summer, and Steve shared that Teen Scene officially ended June 30, 2006, and that there was no budget did not include a program for Teens. Page 1 19 ''l. '..... ... Minutes Woodburn Recreation and Parks Board Tuesday, July 11,2006 7:00 p.m. Aquatics - Kathy Willcox Kathy Willcox submitted her report in written form. Parks and Facilities - Steve Patterson Steve reported that the fence contractor had the permits and engineering report to finish Belfield #3, Community Center Pre-design contract with Carlton Hart had been signed, the Hermanson Pond project options had been explored by City Engineer, David Torgeson and no excavating would be done, but an RFP to remove the canary grass and re-plant natural plants was in the process. Steve shared that John Brown had instructed the department to hold work on the Greenway, Comprehensive Plan, Step Plan and Dog Park until our new director was hired, He shared that Public Works was working in Settlemier Park, and Herb Mittmann asked how their work was fitting into the master plan, and Steve shared that Public Works was maintaining the park, not re-design. Bruce Thomas asked if the Eagle Scouts projects for the Greenway were put on hold, and Steve stated that he was not aware of any Eagle Scout projects. Bruce Thomas said he would drop off a notebook that outlines the work of the Eagle Scout. Steve reported that KaBOOM! Project was scheduled for August 24, 2006 and asked for volunteers to call the department if they would help. 6. Comprehensive Plan Project on hold until Director of Community Services is hired. 7. Dog Park Project on hold until Director of Community Services is hired. 8. Mill Creek Greenway Project on hold until Director of Community Services is hired. 9. Future Board Business · KaBOOM! Playground Project · Next meeting August 8, 2006 10. Board Comments Eric Yaillen shared that a Youth Golf Association was in the process of being organized to introduce youth to the game of golf. 11. Adjournment 8:25 p.m. Rosetta Wangerin, Board Secretary Paulette Zastoupil, Recording Secretary Date Date Page 2 20 . ....,. ,. v/OODBURN LIVE [lATE 7/11/l'f 'j' J ME <) , :1 J , :' 7 CHECK # CHf-:CK DA TB t.;) .... BANK ACCOUNT, AP A/ P 84249 6/01/2006 84250 6/01/2006 842S1 6/01/200h B4252 6/01/2006 812SJ 6/01/2006 B1254 6/01/2006 84205 6/01/2006 81206 &/01/200( 84257 6/0]/2006 B425e 6/01/2006 84259 6/01/2006 B4260 6/01/2006 84261 6/01/2006 84262 6/01/2000 84263 6/01/2006 84264 6/01/2006 84265 6/01/2006 84266 0/OJ/20Gh 84267 b/Ol/2006 84268 6/0J/2006 84269 0/01/2006 84270 6/01/2000 84271 6/01/2006 84272 6/01/2006 84273 6/01/2006 84274 6/01/2006 84275 6/01/2006 84276 6/01/2006 84277 6/01/2006 84278 6/0J/2006 84279 6/01/2006 84280 6/01/2006 84281 6/0J/2006 84282 6/01/2006 84283 6/01/2006 84284 6/01/2006 84285 6/30/2000 84286 6/30/2006 84287 6/09/2006 84288 6/09/2006 84289 6/09/2006 84290 6/09/2006 84291 6/09/2006 84292 6/09/2006 84293 6/09/2006 84294 6/09/2006 84295 6/09/2006 84296 6/09/2006 84297 6/09/2006 84298 6/09/2006 84299 6/09/2006 84300 6/09/2006 -J -oj C I T Y 0 F WOO D BUR N PAYEE NAME CHECK REGISTER STATUS UPDATED CHECK AMOUNT RECONCILED AMT PAGE AP0460 VEEOT --------~-=~~~~~==~=~-==============-~~==~-===============================,==================================== DIFFERENCE Account s Payable ADVANCED LASER IMAGING IN ADVANCED RV PAINTING & RE ANN FINCH ATLAS TRUCK PARTS BIKE NASHBAR BRANOM INSTRUMENT CO BRUCE CHEVROLET CASH REGISTER SALES CO CORPORATE EXPRESS DAVISON AUTO PARTS EPSILON ENGINEERING INC FEDERAL EXPRESS CORP GENERAL BINDING CORP HILLSBORO POLICE DEPARTME IKON OFFICE SOLUTIONS INDUSTRIAL MACHINING & FA KEITH'S SPORTING GOODS LANDMAR K FORD LES SCHWAB TIRE CENTER MIGUEL LOREDO REYES NEOPOST NORTHWEST NATURAL GAS OR STATE POLICE ID SERVIC PARKER NORTHWEST PAVING C PORTLAND GENERAL ELECTRIC PROTHMAN COMPANY QWEST RANDY ROHMAN S.O.S. LOCK SERVICE SCHETKY NORTHWEST SALES TECHNICAL IMAGING SYSTEMS VERIZON WIRELESS WBN COMMUNITY ACCESS TV I WILLAMETTE BROADBAND WILLIAM GARBER YES GRAPHICS CITY OF WOODBURN PETTY CA JEFFERSON PILOT FINANCIAL A & A PEST CONTROL INC ALLIED WASTE SERVICES ANN FINCH ARAMARK UNIFORM SERVICE ARCH WIRELESS AT & T AUTO ADDITIONS INC BANK OF AMERICA BEERY,ELSNER & HAMMOND LL BETH TILGNER BLAZE CONE CO BLUMENTHAL UIlIFORM & EQUI BOLl TECHNICAL BONNEAU PRODUCTS CO RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED 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 869.40 216.83 120.06 250.00 46.44 599.15 10,253.05 239.60 299.48 146.20 2,930.00 175.39 280.00 50.00 255.24 30.00 283.00 1,397.20 150.00 200.00 169.00 458.35 12.00 91,923.17 18,672.65 753.65 166.92 24.50 33.00 609.96 313,13 53.98 4,966.23 317.23 25.56 158.00 161.30 2.79 182.50 76,40 403.60 219.28 202.36 24,64 2,001.00 56,933.07 807.50 125.00 498.00 162.18 77.50 112.75 869.40 216.83 120.06 250.00 46.44 599.15 10,253.05 239.60 299.48 146.20 2,930.00 175.39 280.00 50.00 255.24 30.00 283.00 1,397.20 150.00 200.00 169.00 458.35 12.00 91,923.17 18,672.65 753.65 166.92 24.50 33.00 609.96 313.13 53.98 4,966.23 317.23 25.56 158.00 161.30 2.79 182.50 76.40 403.60 219.28 202.36 24.64 2,001.00 56,933.07 807,50 125.00 498.00 162.18 77.50 112,75 .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 ,DO .00 .00 .00 .00 .00 .00 .00 .00 eX) o vlOODBURIJ L ) VE DATE 7/1:/C)( TIME 9:33:2"1 CHECK II CHECK DATE 11.) 11.) 84301 84302 04303 84304 84305 8430& 04307 84308 84309 B4310 84311 84312 84313 84314 8431:' B4316 8-1317 84318 84319 84320 84321 84322 84323 84324 84325 84326 84327 84328 84329 84330 64331 84332 84333 84334 84335 84336 84337 84338 84339 84340 84341 84342 84343 84344 84345 84346 84347 84348 84350 84351 84352 84353 84354 ~ ... 6/0~/2000 (j09/2006 6/09/2006 6/00/200(; l/00/20G( 6/00/2006 (/09/2006 6/00/2006 (;/OI.j/2006 6/09/20G( 6/09/200( 6/09/2000 6/09/20(,0 6/09/200(; 6/09/2000 6/09/2000 ';/09/2006 6/09/200( 6/09/2006 6/09/200C 6/09/2006 6/09/200C 6/09/200' 6/09/2006 6/09/2006 (,/09/2006 6/09/2006 6/09/2006 6/09/2006 6/09/200( 6/09/2006 6/09/2006 (/09/2006 6/09/2006 6/09/2006 6/09/2006 6/09/2006 6/09/2006 6/09/2006 C/09/2006 6/09/2006 6/09/2006 6/09/2006 6/09/2006 6/09/2006 6/09/2006 6/09/2006 6/09/2006 6/09/2006 6/09/2006 6/09/2006 6/09/2006 6/09/2006 C I T Y 0 F WOO D BUR N PAYEE NAME CHECK REGISTER STATUS UPDATED CHECK AMOUNT RECONCILED AMT PAGE AP0460 VEEOT :=~~-~~-~==~===~==~===================-==~==================:==~======~=======================::~:== DIFFERENCE CANBY TELEPHONE ASSOC CARI>~ON TESTING INC CASCADE POOLS CEsseo INC CHEMEKETA COMMillUTY COLL CHEMEKETA COMMUNITY COLL CH2M -Ill LL I NC CITY SPRINT COOKE STATIONERY COMPANY CORPORATE EXPRESS CRANE & MERSETH INC CUSTOM LOW VOLTAGE D & D PAVING CO DE HAAS &. ASSOCIATES INC DEBRA GIRARD & ASSOCIATES EPSI LON ENGINEERING INC G. K. MACHINE INC GRAINGER INC HACH CHEMICAL CO HALTON COMPANY HARR INGTON INDUSTRIAL PLA INGERSOLL - RAND EQUIPMENT INGRAM DI ST. GROUP I SCO INC I SOLUTIONS CONSULTING INC JACK RAWL I NGS JET HEATING INC JMS ENGINEERING KERR CONTRACTORS INC LAWRENCE PARADIS M & M AUTO WRECKING INC MARION COUNTY CLERK MATTHEW BENDER LEXISNEXIS METROFUELING INC MOLALLA COMMUNICATIONS MONTAG HEATING & AIR COND MORSE BROS INC NATHAN L DALTON NATI ONAL ASSOC OF TOWN WA NATL ANIMAL CONTROL ASSOC NET ASSETS CORPORATION NEW URBAN NEWS NEXTEL COMMUNICATIONS NORTHERN TOOL & EQUIPMENT NORTHWEST NATURAL GAS NORVAC ELECTRONICS INC OFFICE DEPOT OR DEPT OF MOTOR VEHICLE OREGON STATE BAR OREGONIAN PUBLISHING CO PACWEST ENGINEERING PORTLAND GENERAL ELECTRIC PW DISTRIBUTING INC RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED 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 19.95 645.00 36.81 233.77 627.03 210.00 12,165.06 160.95 679.47 170.73 2,767.00 65.00 90,784.91 13,160.40 252.40 1,420.00 25.73 1,126.74 476.30 2,075.00 1,965.54 1,215.25 2,156.41 150.51 8,500,00 141.93 8,666.00 7,175.00 38,199.50 135.00 78,50 16.00 108,00 4,169.86 149.70 375.00 314,725.03 2,737.00 598.04 495.00 1,107.00 69.00 660.24 484.78 5,405.30 26.70 1,021.77 11.50 218.50 545.30 1,791.52 29,797,60 380.00 19.95 645.00 36.81 233.77 627.03 210.00 12,165.06 160.95 679.47 170.73 2,767.00 65.00 90,784.91 13,160.40 252.40 1,420,00 25.73 1,126.74 476.30 2,075.00 1,965.54 1,215.25 2,156.41 150,51 8,500.00 141.93 8,666.00 7,175,00 38,199.50 135,00 78.50 16.00 108.00 4,169,86 149.70 375.00 314,725.03 2.737.00 598.04 495.00 1.107.00 69.00 660.24 484.78 5,405.30 26.70 1,021.77 11.50 218,50 545.30 1,791.52 29,797.60 380.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 ,:OODBURIJ Ll VE C I T Y o F WOODB URN PAGE DATE 7/11/ Uf AP0460 TIME ",1 L 27 CHECK REGISTER VEEOT CHECK CHECK DATE PAYEE NAME STATUS UPDATED CHECK AMOUNT RECONCILED AMT DIFFERENCE ---------- - . - -.;; =- --- - - - - - -- ,====-====~=~================-====================~==~==================================== - - - - - - - - - ----.------- 84355 6/09/20(,& QWEST RECONCILED YES 1,716.43 1,716.43 .00 84356 0/09/2006 RAM STEEL INC RECONCILED YES 64.71 64.71 .00 843S7 (/09/2006 RED WING SHOE STORE RECONCILED YES 140.24 140.24 .00 84358 C/09/200G R I CHARD & KAREN HENKES RECONCILED YES 170.33 170.33 .00 84359 6/09/200G ROD'S HANDYMAN SERVICE IN RECONCILED YES 3,890.00 3,890.00 .00 8~j60 C/09/200C RYAN HERCO CO RECONCILED YES 56.49 56.49 .00 84361 </09/20(16 SANTIAM BICYCLE RECONCILED YES 60.00 60.00 .00 84362 6/09/20(>6 SIERRA SPR INGS RECONCILED YES 131.07 131.07 .00 84163 C/09/')OCIf-; SLATER COMMUNICATIONS RECONCILED YES 333.05 333.05 .00 843G4 (./09/2006 SPORTS AUTHORITY RECONCILED YES 135.78 135.78 .00 84365 (,/09/2006 S PR INT RECONCILED YES 132.90 132.90 .00 84360 G/09/20v6 TECHNOC:OM INC RECONCILED YES 15,198.68 15,198.68 .00 84367 6/09/20U6 TESTAMERICA ANALYTICAL TE RECONCILED YES 549.00 549 .00 .00 84368 6/09/2006 TRADEMARK CONSTRtJCTION RECONCILED YES 77,428.80 77,428.80 .00 84369 6/09/2006 UNEQUALLED JANITORIAL SVC RECONCILED YES 438.00 438.00 .00 84370 6/09/200G UNITED DISPOSAL/ALLIED WA RECONCILED YES 1,723.00 1,723.00 .00 84371 6/09/200G UTILITY VAULT RECONCILED YES 240.00 240.00 .00 84372 6/09/2006 V I KING INSTRUMENT LABORAT RECONCILED YES 1,000.00 1,000.00 .00 84373 6/09/2006 VP CONSULTING INC RECONCILED YES 160.00 160.00 .00 84374 6/09/2006 WALLING SAND & GRAVEL RECONCILED YES 1,064.77 1,064.77 .00 84375 6/09/2006 WEST GROUP PAYMENT eTR RECONCILED YES 502.25 502.25 .00 84376 6/09/2006 W ILCO FARMERS RECONCILED YES 55.88 55.88 .00 84377 6/09/2006 WOLFERS HEATING " AIR CON RECONCILED YES 100.68 100.68 .00 84378 6/09/2006 WOODBURN INDEPENDENT RECONCILED YES 2,172.62 2, 172 . 62 .00 84379 6/09/2006 WOODBURN RADIATOR " GLASS RECONCILED YES 1,075.00 1,075.00 .00 84380 6/30/2006 GENE HAGEN RECONCILED YES 600.00 600.00 .00 84381 6/30/2006 SCOTT STINSON RECONCILED YES 250.00 250.00 .00 84382 0/30/200(, RAMON GARCIA JR RECONCILED YES 300.00 300.00 .00 l\) 84383 6/16/2006 A-I COUPLING RECONCILED YES 322.17 322.17 .00 ~ 84384 G/16/200(, ALEXIN ANAL YTI CAL LAB INC RECONCILED YES 450.00 450.00 .00 84385 6/16/200(, ALISSA VASQUEZ RECONCILED YES 40.00 40.00 .00 84386 6/16/2006 ANN FINCH RECONCILED YES 112.76 112.76 .00 84387 6/16/2006 ARAMARK UNIFORM SERVICE I RECONCILED YES 88.63 88.63 .00 84389 6/16/200F. BI-MART CORPORATION RECONCILED YES 35.51 35.51 .00 84390 6/16/2006 BLUMENTHAL UNIFORM & EQUI RECONCILED YES 292.47 292.47 .00 84391 6/16/2006 BRUCE THOMPSON RECONCILED YES 27.00 27.00 .00 84392 6/16/2006 CASCADE POOLS RECONCILED YES 65.53 65.53 .00 84393 6/16/2006 CDW GOVERNMENT INC RECONCILED YES 370.96 370.96 .00 84394 6/16/2006 CHEMEKETA BOOKSTORE RECONCILED YES 74.95 74.95 .00 84395 6/16/2006 CHUCK WYATT RECONCILED YES 79.08 79.08 .00 84396 6/16/2006 CH2M-HILL INC RECONCILED YES 4,990.00 4,990.00 .00 -.j 84397 6/16/200(, COLUMBIA INSPECTION INC RECONCILED YES 1,974.00 1,974.00 .00 84398 6/16/2006 COPSPLUS INC RECONCILED YES 798.00 798.00 .00 84399 6/16/2006 CTL CORPORATION RECONCILED YES 3,004.50 3,004.50 .00 84400 6/16/2006 DANNER SHOE MFG CO RECONCILED YES 103.95 103.95 .00 .. 84401 6/16/2006 DAVISON AUTO PARTS RECONCILED YES 7.19 7.19 .00 84402 6/16/2006 DEBRA GIRARD" ASSOCIATES RECONCILED YES 129.40 129.40 .00 84403 6/16/2006 DONNA MELENDEZ RECONCILED YES 39.70 39.70 .00 84404 6/16/2006 DORMER'S SCREENPRINTING RECONCILED YES 50.00 50.00 .00 84405 6/16/2006 DP NORTHWEST INC RECONCILED YES 440.00 440.00 .00 84406 6/16/2006 EASYSTREET ONLINE SERVICE RECONCILED YES 167.21 167.21 .00 84407 6/16/2006 ECONORTHWEST RECONCILED YES 720.00 720.00 .00 84408 6/16/2006 ELI VELAZQUEZ RECONCILED YES 50.00 50.00 .00 ~'iOOf)BUFn L!VF C I l' Y o F WOODS URN PAGE [J,\TE ./ / I : / c' " AP0460 TIME 0; 3 1 :;1 CHECK REGISTER VEEOT CHECK # CHFCK Dr~TE l'AYEE NAME STATUS UPDATED CHECK AMOUNT RECONCILED AMT DIFFERENCE ~----~. -.---- ~ ~ -. ~ - - .. __~_~~=. ~====w~~==~=-~--====,__===========~==~======================~==~=========================~======= - -----~------ ---- 84409 6/16/200& ENED I NA LLAMAS RECONCILED YES 50.00 50.00 .00 84410 &/1&/2006 ENVIRONMENTAL RESOURCE AS RECONCILED YES 646.97 646.97 .00 B4411 6/lG/2006 EXCEL GI,OVES & SAFETY SUP RECONCILED YES 194.40 194.40 .00 84412 E/IG/2006 FERGUSON ENTERPRISES INC RECONCILED YES 22.67 22.67 .00 84413 C/16/200C FOOD SERVICES OF AMERICA RECONCILED YES 612.20 612.20 .00 8<1414 6/1G/2006 FOOTH1 LI,S MEDICAL SUPPLY RECONCILED YES 60.00 60.00 .00 84410- (,/In/2006 FRONTIER GEOSCIENCES INC RECONCILED YES 2,397.00 2,397.00 .00 84416 6/16/200D FRY'S ELECTRONICS RECONCILED YES 51.87 51.87 .00 84417 ~/lG/200C G.W. HARDWARE CENTER RECONCILED YES 20.80 20.80 .00 84418 r./16/20(j6 GARY & KATHLEEN D LEWIS RECONCILED YES 32.10 32.10 .00 84419 e/le/2006 GREEN THUMB LANDS & MAINT RECONCILED YES 7,325.00 7,325.00 .00 84420 6/16/200e GROUP MACKENZIE ENGR INC RECONCILED YES 8,545.90 8,545.90 .00 84421 G/ID/2006 GUADALUPE MONTES RECONCILED YES 50.00 50.00 .00 84422 6/16/2006 HACH CHEMICAL CO RECONCILED YES 668.50 668.50 .00 84423 6/16/2006 HALTON COMPANY RECONCILED YES 4,008.50 4,008.50 .00 84~24 6/16/2006 HR ANSWERS INC RECONCILED YES 2,923.50 2,923.50 .00 84425 6/16/2006 IKON OFFICE SOLUTIONS RECONCILED YES 963.96 963.96 .00 84426 e/16/2006 IMMANUEL LUTHERN CHURCH RECONCILED YES 11.15 11.15 .00 84~27 6/H/2006 INGRAM DIST. GROUP RECONCILED YES 1,869.80 1,869.80 .00 84428 6/16/2006 INTEGRATED POWER SYSTEMS RECONCILED YES 38,486.00 38,486.00 .00 84429 6/16/2006 INTL MUNICIPAL LAWYERS AS RECONCILED YES 495.00 495.00 .00 84430 6/16/2006 JAMKE RECONCILED YES 32.20 32.20 .00 84431 6/16/2006 JOBS AVAILABLE RECONCILED YES 244.80 244.80 .00 84432 6/16/2006 JOHN PILAFIAN WINDOW CLEA RECONCILED YES 19.50 19.50 .00 84433 6/16/2006 KEITH'S SPORTING GOODS RECONCILED YES 848.00 848.00 .00 84~ 34 6/16/2006 KENNEDY JENKS CONSULT INC RECONCILED YES 1,098.25 1,098.25 .00 84435 6/16/2006 KEPTYA YELENA RECONCILED YES 35.52 35.52 .00 84436 e/16/2006 KEY CREATIONS RECONCILED YES 116.58 116.58 .00 h) 84437 6/16/2006 LANGUAGE LINE SERVICES RECONCILED YES 296.92 296 . 92 .00 ~ B4438 6/16/2006 LEAGUE OF OREGON CITIES RECONCILED YES 10.00 10.00 .00 84439 6/16/2006 LEISINGER DESIGNS RECONCILED YES 2,970.00 2,970.00 .00 84440 6/16/2006 LEO & MARY SMITH RECONCILED YES 37.08 37.08 .00 84441 6/16/2006 LES SCHWAB TIRE CENTER RECONCILED YES 461.42 461. 42 .00 84442 6/16/2006 MARK INGERSOLL RECONCILED YES 23.55 23.55 .00 84443 6/16/2006 METROFUELING INC RECONCILED YES 1,021.12 1,021 . 12 .00 84444 6/16/2006 NEW HORIZONS COMPUTER LEA RECONCILED YES 495.00 495.00 .00 84446 6/16/2006 NORCOM RECONCILED YES 25,153.34 25,153.34 .00 84447 6/16/2006 OR CHILD DEV COALITION RECONCILED YES 50.00 50.00 .00 84448 6/16/2006 OR DISTRICT ATTORNEYS ASS RECONCILED YES 195.00 195.00 .00 84449 6/16/2006 OR STATE POLICE ID SERVIC RECONCILED YES 36.00 36.00 .00 84450 6/16/2006 PACWEST ENGINEERING RECONCILED YES 752.25 752.25 .00 --.j 84451 6/16/2006 PARAMOUNT SUPPLY CO RECONCILED YES 1,779.81 1,779.81 .00 84452 6/16/2006 PORTLAND GENERAL ELECTRIC RECONCILED YES 16,101.26 16,101. 26 .00 84453 6/16/2006 PORTLAND GENERAL ELECTRIC RECONCILED YES 704.16 704.16 .00 84454 6/16/2006 PREMIER HOME BUILDERS RECONCILED YES 26.20 26.20 .00 =4 84455 6/16/2006 QWEST RECONCILED YES 1,287.56 1,287.56 .00 84456 6/16/2006 SCHETKY NORTHWEST SALES RECONCILED YES 138.50 138.50 .00 84457 6/16/2006 SERGIO DIAZ NAVARRO RECONCILED YES 50.00 50.00 .00 84458 6/16/2006 SIERRA SPRINGS RECONCILED YES 91.75 91.75 .00 84459 6/16/2006 SILKE COMMUNICATIONS INC RECONCILED YES 30.00 30.00 .00 84460 6/16/Z006 STATESMAN-JOURNAL NEWSPAP RECONCILED YES 62.40 62.40 .00 84461 6/16/2006 STEVE KRIEG RECONCILED YES 35.25 35.25 .00 84462 6/16/2006 SUE FOFANA-DURA RECONCILED YES 61.75 61.75 .00 WIODBURN LIVE DATE )/I:/0C T I Me 9 , j 3 ';' 'I CHECK N en e4463 84464 84465 84466 844G7 84468 84.J60 84470 844'11 84472 844 73 84474 84475 84476 84477 84478 84479 84481 84482 84483 84485 84486 84487 84489 84490 84491 84492 84493 84496 84497 84498 84499 84500 84501 84504 84505 84506 84507 84509 84510 84511 84512 84514 84516 84517 84518 84519 84520 84521 84522 84523 84524 84525 -i ... CHECK DATE G/1(./20u6 (/16/2006 f,/1f,/2006 (,j 16/ 2 0 0 6 6/16/2006 6/H/20C6 6/16/2006 fi/H/2006 6/10/2006 6/16/20Cf, 6/16/2006 6/16/2006 (,/16/2006 (/30/20l,6 6/30/2006 6/30/200(, 6/30/2006 6/30/2006 6/30/2006 6/J0/200f, 6/23/2006 023/2006 6/ "'/20OG 6/23/20u6 6/23/2006 6/:d/20U6 G/23/2006 6/23/2006 6/23/200G 6/23/2006 G/23/200G 6/21/2006 6/23/2006 6/23/2006 6/23/2006 6/23/2006 G/23/2006 6/23/2006 6/23/2006 6/23/2006 6/23/2006 6/23/2006 6/23/2006 6/23/2006 6/23/2006 G/23/2006 6/23/2006 6/23/2006 6/2"\/2006 6/23/2006 6/23/2006 6/23/2006 6/23/2006 C I T Y 0 F WOO D BUR N PAYEE NAME TEK SYSTEMS INC TESTAMERICA ANALYTICAL TE THOMAS P TENNANT TOP OF THE HILL RV U S CRA.'lE & HO I ST INC UNITED DISPOSAL/ALLIED WA UNITED STATES WATER FITNE UNIVAR USA INC WILeo FARMERS WOODBURN INDEPENDENT WOODBURN SCHOOL DIST 103C XEROX CORPORATION YES GRAPHICS STEVEN SLOAN ROSEMARIE SAl,CHEZ BETH M FOLKERTS LYUDMILA A ORLIK JAIME GARCIA LISA FISCHER VALLEY MAILING SERVICE IN ALL WAYS EXCAVATING USA L ALLRESISTANT COATINGS AMERICAN FIRE PROTECTION AMERICAN RED CROSS ANN FINCH ARAMARK UNIFORM SERVICE AT & T AUTO ADDITIONS INC BENJAMIN WARD BFA STRUCTURES INC BLUMENTHAL UNIFORM & EQUI BOUND TREE MEDICAL, LLC BRINKS HOME SECURITY C.J. HANSEN CO INC COW GOVERNMENT INC CHEMEKETA COMMUNITY COLL COASTWIDE LABORATORIES COLVIN SAND INC CUES DANNER SHOE MFG CO DAVID M COREY PHD PC DEBRA GIRARD & ASSOCIATES DF NORTHWEST INC EMSCO ENVIRO-CLEAN EQUIPMENT ESCHELON TELECOM INC FEENEY WIRELESS FISHER'S SUPPLY INC FRANK M MASON GALL'S INC GAYLORD BROS INC GEOENGINEERS INC GRAINGER INC CHECK REGISTER STATUS RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED UPDATED CHECK AMOUNT YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES 1,472.00 216.00 3,400.00 214.79 300.00 350.98 326.00 305.00 20.95 185.00 7,100.00 474.95 572 ,20 1,200.00 150.00 650.00 457,90 515.08 706,30 658.35 3,542.00 100.00 60.90 437.00 1,060.30 40.76 90.45 263.00 500.00 1,099.00 585.41 226.99 31.99 263.25 5,845.12 185.00 1,269.90 70.00 739.96 103.95 375.00 129.80 475.64 2,028.92 45.84 125.00 35,811.50 4,185.74 195.00 1,798.97 124.85 690.25 1,697.98 RECONCILED AMT 1,472.00 216.00 3,400.00 214.79 300.00 350.98 326.00 305.00 20,95 185.00 7,100.00 474.95 572.20 1,200.00 150.00 650.00 457.90 515.08 706.30 658.35 3,542.00 100.00 60.90 437.00 1,060.30 40.76 90.45 263.00 500.00 1,099.00 585.41 226.99 31.99 263.25 5,845.12 185.00 1,269.90 70.00 739.96 103.95 375.00 129.80 475.64 2,028.92 45.84 125.00 35,811.50 4,185.74 195.00 1,798.97 124.85 690.25 1,697.98 PAGE AP0460 VEEOT DIFFERENCE 5 .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 I'JnODSIJR:: ). IVE C I T Y o F WOODS URN PAGE Ili"..TE ' -: ~ / lJ (; AP0460 TI~;E Co 3J ;~ ", CHECK REGISTFR VEFOT CHECK # CHECK DATE ,'AYEE NAJ-1E STATUS UPDATED CHECK AMOUNT RECONCILED AMT DIFFERENCE ~.. -- -- --- ~-~==~=-===~===:~========-==~=~~=========~========================~==================================== 84526 6/:i J/20(.(' HARRINGTON INDUSTRIAL PLA RECONCILED YES 234.20 234.20 .00 84527 [/2 J/2006 HEADSET INNOVATIONS RECONCILED YES 294.90 294.90 .00 84528 (,/23/200[, IKON OFFICE SOLUTIONS RECONCILED YES 136.35 136.35 .00 84 S2 9 6/23/20u6 IKON OFFICE SOLUTIONS RECONCILED YES 76.49 76.49 .00 84530 C!2,/2006 INDUSTRIAL MACHINING & FA RECONCILED YES 350.00 350.00 .00 84531 6/23/200[. INDUSTR IAL SUPPLY CO RECONCILED YES 999.20 999.20 .00 84S32 6/73/2006 J . D. PENCE AQUATIC SUPPLY RECONCILED YES 327.00 327.00 .00 84534 6/23/~001. JUNE WOODCOCK RECONCILED YES 11.00 11.00 .00 81535 (,/23/200[, KJM PROGRAM & CONSTRUCTIO RECONCILED YES 8,736.00 8,736.00 .00 84536 6/2'./2006 LAB SAFETY SUPPLY RECONCILED YES 1,916.34 1,916.34 .00 84537 (,/23/ "Ov(. LATIN AMERICAN CLUB RECONCILED YES 2,250.00 2,250.00 .00 84030 6/23/200C LES SCHWAB TIRE CENTER RECONCILED YES 1,076.36 1,076.36 .00 84540 6/2,/20l!6 MAPION COUNTY BLDG INSPEC RECONCILED YES 820.26 820.26 .00 84541 6/2,/2u06 MAR ION COUNTY TREASURY DE RECONCILED YES 157.50 157.50 .00 84542 6/23/2006 MARYANN CARTER RECONCILED YES 13 5.00 135.00 .00 64543 6/23/200(, MAYES TESTING ENGINEERS I RECONCILED YES 4,909.00 4,909.00 .00 84544 6/23/2006 METROFUELING INC RECONCILED YES 3,689.64 3,689.64 .00 84545 6/23/2006 MILLER CONSULTING ENGINEE RECONCILED YES 1,500.00 1,500.00 .00 H4546 6/23/200(, MONIQUE HULLING-ADAMS RECONCILED YES 23.00 23.00 .00 84548 6/23/2006 MPULSE RECONCILED YES 2,300.00 2,300.00 .00 84549 6/23/2006 NATIONAL BUSINESS FURNITU RECONCILED YES 818.00 818.00 .00 84552 6/23/2006 NORTH CENTRAL LABORATORIE RECONCILED YES 671 . 94 671 . 94 .00 8-1553 6/23/2006 NORTH COAST ELECTRIC CO RECONCILED YES 121.92 121.92 .00 84554 6/23/2006 NORTHWEST GEOTECH INC RECONCILED YES 1,335.00 1,335.00 .00 84555 6/23/2006 OFFICE DEPOT RECONCILED YES 312 . 93 312.93 .00 84556 6/23/2006 ONE CALL CONCEPTS INC RECONCILED YES 179.55 179.55 .00 84557 6/23/2006 OR DEPT OF ADMINISTRATIVE RECONCILED YES 911.02 911 .02 .00 84556 6/23/200(; OR DEPT OF CORRECTIONS RECONCILED YES 2,800.00 2,800.00 .00 t\) 84559 ,,/23/2006 OR DEPT OF MOTOR VEHICLE RECONCILED YES 3.50 3.50 .00 0\ 84560 6/23/2006 OR DEPT OF TRANSPORTATION RECONCILED YES 75.50 75.50 .00 84062 6/2:1/2006 OVS RECONCILED YES 453.00 453.00 .00 84%3 6/23/2006 PHOENIX ASPHALT & MAIN CO RECONCILED YES 1,800.00 1,800.00 .00 84566 6/23/2006 PRIER PIPE & SUPPLY INC RECONCILED YES 7.08 7.08 .00 84567 6/23/2G06 PROGRASS RECONCILED YES 1,180.00 1,180.00 .00 84568 6/23/2006 PUBLIC WORKS SUPPLY INC RECONCILED YES 7'90.00 790.00 .00 84569 6/23/2006 R .B.& G. CONSTRUCTION, LL RECONCILED YES 541,460.62 541,460.62 .00 84~70 6/23/2006 RED WING SHOE STORE RECONCILED YES 595.88 595.88 .00 84571 6/23/200G RIVER VALLEY GARDENS RECONCILED YES 105.00 105.00 .00 84572 6/23/2006 SCHNEIDER EQUIPMENT INC RECONCILED YES 13,485.00 13,485.00 .00 84573 6/23/2006 SIERRA SPRINGS RECONCILED YES 155.14 155.14 .00 8457S 6/23/2006 S ILVERFLEET SYSTEMS RECONCILED YES 4,078.74 4,078.74 .00 j 84576 6/23/2006 SOIL MOISTURE EQUIPMENT C RECONCILED YES 1,916.51 1,916.51 .00 84577 6/23/2006 SPRINT (AIRLINK) RECONCILED YES 20.70 20.70 .00 84578 6/23/2006 TESTAMERICA ANALYTICAL TE RECONCILED YES 579.60 579.60 .00 84579 6/23/2006 TRUE CARE INC RECONCILED YES 100.00 100.00 .00 84580 6/23/2006 UNITED PIPE & SUPPLY CO RECONCILED YES 1,465.84 1,465.84 .00 84581 6/23/2006 UN I VAR USA mc RECONCILED YES 442.59 442.59 .00 84582 6/23/2006 V ERIZON WIRELESS RECONCILED YES 460.25 460.25 .00 84583 6/23/2006 VISIONS RECONCILED YES 31.36 31.36 .00 84584 6/23/2006 WESTERN POWER & EQUIPMENT RECONCILED YES 63.05 63.05 .00 84585 6/23/2006 WILLIS OF OREGON INC RECONCILED YES 2,205.21 2,205.21 .00 84586 6/23/2006 WOODBURN FERTILIZER RECONCILED YES 45.50 45.50 .00 84587 6/23/2006 WOODBURN HEARING CENTER RECONCILED YES 540.00 540.00 .00 WOODBURN r VE DATE 7/1 /OG TIME 9'j <:7 C:HECK # CHECK DATE S4S8S ~/21/200G DANK AI- TCJTAI" RECONCILED NOT RECONCIL!::r> VOIDED UPDATED NOT UPDATE!' t.,) ~ ..j .. YES GRAPHICS 318 CHECKS PAYEE NAME 318 C:HECKS CHECKS LHECK,,~ 318 CHECK" CHECKS 1,700,880.29 .00 .00 1,700,880.29 .00 C I T Y 0 F WOO D BUR N CHECK REGISTER STATUS RECONCILED YES UPDATED CHECK AMOUNT 612.50 1,700,880.29 RECONCILED AMT 612.50 1,700,880.29 PAGE AP0460 VEEOT DIFFERENCE 7 .00 .00 t;':: ;r:F ~ WQ.Q.QJi1l.~N " II . ~ r i' ,r " ( .J " ., A~ (u,... 8E . . July 18. 2006 FROM: Mayor and City Council through City Administrator Scott Russell, Chief of Police V TO: SUBJECT: Police Department Statistics - June 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 Departments Records Management System, The Previous year's statistics are also displayed for comparison purposes. FINANCIAL IMP ACT: None :\'J.'::ncia !:en; ~,~'.'i..,,/V: l~i r,/ ,; :::'l~T::r,,') tr'~l~cr":"_.:.... Fir,ancc:& City .A. tt'Jrney __ 28 ....,. ,. ...,1.1 .. 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C' S 2 1 0 ......:l\.i:-'l~:; .L;j-".)j ,-, IN ['k':lh J M I '1 t' Ii A.khl\ (i U 0 0 ,Ii LT ~UI Mli..d l~..... 0 0 0 0 /-:/:11;,; id) I Nl.d~ 0 [I 0 0 0 - - -- - - - - ~ - - - - - - - - - -- nOb 'ielTAL: 21') 218 3;~ 2 2 ~.2 223 218 0 l)eS TI'JTAL: 12~ 149 l.J4 2<4 241 231 0 ,; C4 TOTAL, 200 194 ~10 1 :-15 196 221 0 ~ ~ o o [I o o o o o o : A:~t. ; LobSC CCJTTk 1; TOTAL 3~ :SG l~ 1 -I 1 ~ , o [I o 14.j" 112d 123.2 l~,-~+~~~ W.~Q.Q!t~N A~ r~lA '" ; '/'.' :"t ,.. . . July 18, 2006 FROM: Mayor and City Council through City Administrator Scott D. Russell, Chief of POliceY TO: SUBJECT: Amendment to Inventory Search Ordinonce RECOMMENDATION: It is recommended that the City Council enact the attached ordinance in order to amend the Woodburn inventory search ordinance No. 2138 BACKGROUND: In the course of enforcing traffic and criminal law police officers often find themselves required to impound vehicles. Taking inventory of any valuables located in impounded vehicles is a prudent and necessary function. Authority and procedures for conducting inventory searches of vehicles impounded by the Woodburn Police Department is established and governed by city ordinance. Recent court decisions have clearly defined the limit and scope of these inventory searches under the law. The Marion County District Attorneys Office requested that we review our current inventory policy and revise certain sections in order to better conform to current legal procedures and case law. DISCUSSION: Police department staff along with city legal staff have carefully reviewed the current inventory search ordinance along with current case law and are recommending changes to Section three (3) of the current ordinance in order to more closely conform to case law. This section addresses inventories of impounded ver,icles and the protection of valuables \ocated in such vehicles. ~ L-- ....,. S re' n t ; r ' p,,'; " ate \' ' . ,=. f' '.- p.: r r- 'n pc" ,h:~' , p, . ' r Ij b' ,~ t r ~ r .1\<:;; eo r....;, .IJ~I'-J ,...-rt /~,.._,~ j::IJ,,_ '~", "",,~nJrJ ]o/e,r,e I j"i::;'r,~,es. ~r,e purposes of ,n'/enter'! ,;eo~cr,e5 ere: to irJer,tify 'Nhat property is present. to :Jvoid spurious ciairr,s to 'ICSS cf suen property, to assist in the prevention of theft of the proper:'!, to locate dangerOljS or toxic substances, and to reduce danger ;) persor,s end Gr,)c,.~r~'/, ,'/r.,,: e fr,e olJrposes (Jf such searches ore not ,:-,"ec;hJot'.::JI/ .n ;~,:Jt~~e, ;r,~..,rli ':n: ~ +.j ('1i":: e'/icler~lce of crimir,al conduct :T,G'( be -~,. ' . "'fl~ ,,', '("". .'/ "''''~'',-(r..\\J') f :" . . ...) ':.-/ .<>, ( , ,i....' ,1_.1 _'_ ~C',. 1(' ,.>& ' .,' '.'- ',._ ,-'"1 . ~ ~...j . '.:" 34 ,.,""'" 11' Mayor and City Council July 18, 2006 Page 2 . . located. It is important that proper procedures be followed in order to allow such evidence to be admissible in court. These changes to ordinance support proper police procedure that will protect individual property rights while still allowing contraband and evidence of criminal behavior that is located to be properly presented in a court of law. The attached ordinance is submitted for your approval as an "emergency ordinance". Inventory searches occur on a daily basis, and therefore should be conducted in accord with case law as soon as possible. The emergency clause allows the department to do so, immediately. FINANCIAL IMP ACT: None 35 .".,. l' COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE 2138, GRANTING AUTHORITY AND ESTABLISHING PROCEDURES FOR INVENTORY SEARCHES BY THE WOODBURN POLICE DEPARTMENT, AND DeCLARING AN EMERGENCY. WHEREAS, Ordinance 2138 grants authority and establishes procedures for inventory searches by the Woodburn Police Department; and WHEREAS, the Marion County District Attorney has requested a portion of said ordinance be revised to better conform to current criminal procedure law and to allow more effective prosecution; and WHEREAS, the City seeks to facilitate the safety and prosperity of the community through lawful police activities; and WHEREAS, the City wants to remove any unnecessary barriers to lawful police searches and investigations; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Section 3, Ordinance 2138 is amended to read as follows: Section 3. Inventories of Impounded Vehicles. (A) The contents of all vehicles impounded by a police officer shall be inventoried. The inventory shall be conducted before constructive custody of the vehicle is released to a third-party towing company except under the following circumstances: 1. If there is reasonable suspicion to believe that the safety of either the police officer or another person is at risk, a required inventory shall be done as soon as safely practical; and 2. If the vehicle is being impounded for evidentiary purposes in connection with the investigation of a criminal offense, the inventory shall be done after such investigation is completed. (B) The purposes for the inventory of an impounded vehicle are: Poge 1 - COUNCIL BILL NO. ORDINANCE NO. 36 '"i 1 1. To promptly identify property to establish accountability and avoid spurious claims to property; 2. To assist in the prevention of theft of property; 3. To locate toxic, flammable or explosive substances; and 4. To reduce the danger to persons and property. (C) Inventories of impounded vehicles shall be conducted according to the following procedure: 1. An inventory of personal property and the contents of open containers shall be conducted throughout the passenger and engine compartments of the vehicle including, but not limited to, accessible areas under or within the dashboard area, in any pockets in the doors or in the back of the front seat, in any console between the seats, under any floor mats and under the seats; 2. In addition to the passenger and engine compartments as described above, an inventory of personal property and the contents of open containers shall also be conducted in the following locations: a. Any other type of unlocked compartments that are a part of the vehicle including, but not limited to, unlocked vehicle trunks and unlocked car-top containers; and b. Any locked compartments including, but not limited to, locked vehicle trunks, locked hatchbacks and locked car-top containers, if either the keys are available to be released with the vehicle to the third-party towing company or an unlocking mechanism for such compartment is available within the vehicle. 3. An inventory shall include opening of closed containers located in the vehicle that are designed to hold valuables, including, but not limited to, backpacks, fanny packs, briefcases, laptop bags, and purses. 4. Upon completion of the inventory, the police officer shall complete a report. 5. Any valuables located during the inventory process shall be listed on a property receipt. A copy of the property receipt shall either be left in the vehicle or tendered to the person in control of the vehicle if such person is present. ?age 2 - COUNCIL BILL NO. ORDINANCE NO. 37 ."...... l' Section 2. Declaration of Emeraencv. This ordinance being necessary for the immediate preservation of the public peace, health and safety for the reason that police inventory searches are ongoing and immediate application of this ordinance is necessary to conform with the law, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Approved as to form: 7J.fo-/~ City Attorney ~nJ2~Ob Dat Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATIEST: Mary Tennant City Recorder City of Woodburn, Oregon Page 3 - CCUNClL BILL f'lO, ORDINANCE NO. 38 ,.'.... .. ('.. ,. ~i!.... ~;~~, ...,+d~ W.6bDBURN il"Orp,'.,lJ 1&.1~ lIB ~~ . . July 18, 2006 SUBJECT: Mayor and City Council thrOUg/)~i~Administrator Ben Gillespie. Finance Director jY' , Phone System Upgrade-contract award, con"ngency transfer, and supplemental appropriation TO: FROM: RECOMMENDATION: Award a contract to Nexus IS, Inc. for software and hardware to upgrade the existing phone system and extend service to the new Police facility, and authorize the City Administrator to execute an agreement in an amount not to exceed $50,580. Pass the attached ordinance authorizing a transfer of General Fund contingency in order to transfer the General Fund portion of the upgrade ($21,703) to the General CIP Fund, and authorize a supplement appropriation in that fund for $21 ,703 . BACKGROUND: The City received two proposals in response to its solicitation to upgrade the existing phone system and extend service to the new Police facility. The vendors, Nexus IS and Eschelon, both directly addressed the City's specifications at prices ranging from $65,827 to $86,936. In addition, Eschelon proposed a solution that introduced voice over Internet protocol (VoIP) throughout the entire system. Both vendors were asked to provide pricing for the full VolP solution. The prices ($121,000 and $125,000) were deemed too expensive for the City's current needs. In addition to the VolP proposal, Nexus offered a third option that eliminated the need for a non standard switch at the Police facility. Both vendors were asked to provide pricing for this proposal. Nexus priced this option at $49,475.97 and Eschelon offered to do the installation for $55,509.55. Agenda Item Review: City Administrator ---.L.:- City Attorney Finance.. . 39 "..,. ,. Mayor and City Council July 18, 2006 Page 2 . . DISCUSSION: The proposals were evaluated based on these criteria: Project team and firm capabilities Understanding and approach Cost Examples of similar projects Both firms are deemed to be capable of successfully completing the project. The third option was selected as being the solution best suited to the City's current needs. The first solution is satisfactory, but it involves two different models of switches. The switch proposed for the Police facility is a newer design, but it is very different from the switch at City Hall. Since City staff will be responsible for much of the maintenance on the equipment, it is preferable to keep the variety of equipment to a minimum. That way IS staff can concentrate on mastering one switch and not have to divide time between learning two very different technologies. The full VolP option is attractive, because it is almost certainly the wave of the future. However, it costs nearly three times as much as option three, and it will not pay for the difference over its expected life. The quality of the long distance signal does not yet equal traditional technology, and the cost will likely come down by the time the City is ready to pursue VoIP. The third option offers the advantages of price, and simplicity. The price is $15,000 less than the estimate provided by Moss Adams as part of their analysis of the Police facility's data and voice needs. As noted above it uses only one model of switch. Survivability is the ability of a system to continue operating in the event of an emergency. Earthquake for example. All three options are survivable within the police facility, but none would be able to communicate outside the facility, if the fiber connection between the Police facility and City Hall were severed. The fall back technology in that case would be radio. Since the decision was reached to recommend Nextel, the firm installing the intercom system in the Police facility has requested that two pieces of equipment be added to the phone system to allow paging by zone within the 40 '"'!' T Mayor and City Council July 18, 2006 Page 3 . . building. Nextel has priced this equipment and installation at $1,034. When those items are added to the original proposal, the total contract will be $50,580. The need to declare an emergency exists due to the demands of the construction schedule for the new police facility. FINANCIAL IMPACT: The Police portion of the costs 1$28,877) is Included in the Police Construction Fund budget. The General Fund portion was not budgeted pending a decision on the specific design of the system and uncertainty about pricing. $21,703 can be transferred form General Fund Contingency to the General CIP Fund and expended from there. This would reduce General Fund Contingency to $889,226 , which is 9.7% of expenditures. 41 ""1 1 COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE ADOPTING A SUPPLE:\lENT AL BUDGET FOR FISCAL YEAR 2006-2007 AND DECLARING AN EMERGENCY. WHEREAS, Oregon State Statute 294.480 allows for the adoption of a supplemental budget during a fiscal year to meet changes in financial planning, and WHEREAS, the public notice required under State budget law was published in the W oodbum Independent on July 19, 2006, and WHEREAS, during the regular City Council meeting on July 24, 2006, citizens were given an opportunity to comment on the proposed 2006-07 supplemental budget, now, therefore, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That a supplemental budget for fiscal year 2006-07 is hereby adopted as set forth below. Section 2. That fiscal year 2006-07 revenues and appropriations are adjusted as follows: Revenues Appropriations GENERAL FUND: Appropriations: Interfund Transfer - General Fund elP Fund General Fund Operating Contingency 21,703 (21,703) Total General Fund Appropriations Net Adjustment $ - 0- GENERAL FUND CIP FUND: Revenue: Transfer from General Fund Total General Fund CIP Revenue Increase Appropriations: Capital Outlay - Communications Equipment Total General Fund CIP Fund Appropriation Increase $ 21,703 $ 21.703 2 L 703 $ 21.703 Section 3. That if any clause, sentence, paragraph, section or portion of this ordinance for any reason shall be adj udged invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the clause, sentence, paragraph, section or portion I) f this ordinance directly involved in the controversy in \v hich such judgment is rendered. Page I - COU:\CIL BILL :\0. ORDI:.J/\NCE );0. 42 "'i 1 Section 4. This ordinance being necessary for the public peace, health and safety, an emergency is declared to exist in that appropriation adjustments are necessary to meet estimated expenditures that will need to be paid within the next 30 days and payment cannot be made until such time as appropriations are adopted by the Council and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Approved as to Form: C/J1, n ~ City Attorney --=rJ'Z1 j 'lac b ate APPROVED: KATHRYN FIGLEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Recorder City of Woodburn, Oregon Page ~ - COL:-':CIL BILL :\0. ORDI~A:\CE ~O. 43 , <'..,. ,. /_-::~7~'",,"I''''''-.'' ~~, IAW4 WOODBURN 'ttl"ff.....'f'.11 :.j ',"',,,<1 lie ~9~ . . July 18, 2006 TO: Mayor and City Council through City Administrator FROM: Public Works Director ~~ V':'" .... - : SUBJECT: Country Club Road Local Improvement District RECOMMENDATION: It is recommended that the City Council adopt the attached Ordinance ordering improvements to Country Club Road and adopting the Local Improvement District for said improvements. BACKGROUND: The City Council directed staff to prepare an Ordinance for Council action ordering improvements to Country Club Road and adopting the Local Improvement District (LID). The decision by the City Council was made after receiving input from the affected property owners, as required by law. DISCUSSION: The City Council initiated the LID process for Country Club Road Street improvements, instructed staff to prepare the engineering report, which has been reviewed and approved. Council proceeded with the LID process by adopting the resolution of intent to improve. The Public Hearing was held on July 10,2006 to receive public input from the benefited property owners in the LID. No written remonstrances have been received, and therefore, suspension and reconsideration of the project by the city council is not required. All legal requirements have been met and staff will proceed with the final preparation of the contract documents after city council approval. Council's options are to: 1) Adopt the improvement ordinance as presented Agenda Item Review: City Administrator..,- ,I 'r.' City Attorney Finance , - ""/ 44 ..1 1 Mayor and City Council July 18, 2006 Page 2 . . 2) Instruct staff to modify certain requirements 3} Reject the recommended action and abandon the improvement. Staff recommends approval of the ordinance as presented. FINANCIAL IMPACT: The total project cost of $452,500 is supported by $179,200 from approved city funds and $273,300 from property assessments. Attachments: 1. Outline of LID process and current status 2. Improvement Ordinance 45 ''".,. ,. f"KU'-t:~~ rut( LOCAL IMPROVEMENT DISTRICT (LID) 1 . PROJEC1INITIATlON: Project is initiated by petition or by action of the City Council 2. RESOLUTION AUTHORIZING AN ENGINEERING REPORT: City Council. by approval of a resolution, directs staff to prepare an engineers report for the improvement 3. ENGINEERING REPORT APPROVAL: Engineers report contains, project need, method of assessment. cost estimate based on preliminary engineering, Local Improvement District (LID) boundary. The City Council may at this stage direct staff to prepare a "Resolution of Intent to Improve", 4. RESOLUTION OF INTENT TO IMPROVE: LID boundary and assessments are defined for public process. Public hearing date set with council approval of resolution. 5. ADVERTISEMENT OF PUBLIC HEARING: The City Recorder gives notice meeting legal requirements of advertising for public hearing. 6. PUBLIC HEARING: City Council holds a public hearing on the project and receives input from the affected property owners. If. at the time of hearing. written remonstrances are received from, the owners of majority of land within the LID. consideration of the LID must be suspended for six months. 7. CITY COUNCIL DECISION: a. Direct staff to prepare an assessment ordinance b. Direct staff make modifications to the LID c. Abandon or postponement of the LID WE ARE HERE 8. ADOPTION OF THE ASSESSEMENT ORDINANCE: Funding defined. .. 9, COMPLETION OF FINAL ENGINEERING: Final engineering plans, specifications and contract documents are completed. 10. ADVERTISEMENT FOR BIDS AND BID AWARD: The project is advertised and bids are received. The City Council reviews staff recommendation and awards the contract for construction to the lowest responsible bidder. (Note: City may receive bids earlier but contract award can not take place unlil assessment ordinance has been adopted) 11. CONSTRUCTION ACTIVITIES: Construction takes place under the supervision of the City Engineer. (Nole: This is the time when the public sees project action) 12. FINAL ASSESSMENT ORDINANCE: Upon completion of the improvements the final assessment process is followed. The process requires another public hearing and explanation of payment plan time line~. I{c'viscd S/!(J/03 46 ....,. t COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE RELATING TO IMPROVEMENTS OF COUNTRY CLUB ROAD BET\VEEN BOONES FERRY ROAD AND ASTOR WAY, ADOPTING THE LOCAL D1PROVEMENT DISTRICT, DIRECTING THE CONTRACT AWARD, PROVIDING FOR PAYMENT OF COSTS THROUGH ASSESSMENT OF PROPERTIES IN THE LOCAL Il"IPROVEMENT DISTRICT. WHEREAS, the City Council considers the improvement of Country Club Road to be necessary and beneficial; and \VHEREAS, the City Council has authority to initiate the Local Improvement District improvement and procedure process as per Ordinance No. 2105, and WHEREAS, the City Council instructed the City Engineer to prepare the engineering report for the improvements; and WHEREAS, the City Council reviewed and approved the engineering report on the improvement of Country Club Road on May 22, 2006; and WHEREAS, the City Council by Resolution No. 1834, declared its intent to improve Country Club Road through a Local Improvement District process, adopted the method of assessment, established a date for the public hearing; and \VHEREAS, the Public Hearing was held on July 10, 2006 to receive input from affected property owners, No remonstrances were received by the city, and therefore, suspension and reconsideration by the city council is not required; NOW, THEREFORE THE CITY OF WOODBURN ORDAINS AS FOLLOWS: SECTION 1. INTENT TO IMPROVE The City Council deems it necessary and hereby declares its intention to order the following improvements of Country Club Road between Boones Ferry Road and Astor Way, Country Club Road is to be improved in accordance with the Woodburn Transportation Plan (TSP) as a Access Street with Bike Lanes both sides. This cross section as identified in the TSP provides two travel lanes, no on-street parking, Bike Lanes and sidewalks both sides. The existing sidewalk near Boones Ferry Road will be extended to Astor Way. The improvement will also include curbs, drainage improvements, street lighting and undergrounding the existing overhead utilities. P.\GE 1- COu:\CIL BILL ~O, ORDr:.;-A~CE ~O. 47 '"I 1 SECTION 2. PROPOSED METHOD OF FUNDING: The funding mechanism to accomplish this project includes the following: A. CITY SUPPORT: Budgeted approved city funds for the improvement of Country Club Road B. ASSESSMENT AGAINST BENEFITING PROPERTIES: Limited to the cost associated with the improvement allocated to the benefited properties utilizing city ordinance for Local Improvement District. C. OTHER SUPPORT: Remaining balance of the funds contributed for the improvement of Boones Ferry Road and Country Club Road by the developer of Heritage Park Subdivision. This cost to be distributed among the lots of Heritage Park Subdivision included in the Local Improvement District. SECTION 3. BOUNDARY OF THE PROPOSED LOCAL IMPROVEMENT DISTRICT: All of the properties along Country Club Road located east of first lot on Astor Way and also located west of l"t lot on Boones Ferry Road and adjoining Country Club Road defines the entire Local Improvement District for Assessment purposes. A map showing the above described district boundary is attached as Exhibit 1 and those properties within that boundary are identified in Section 4. SECTION 4. PROPERTIES WITHIN THE LOCAL IMPROVEMENT DISTRICT: MARION COUNTY TAX LOT # ADDRESS PROPERTY OWNER MAP # 051W17BA 500 1200 Country Club SEC Ventures LLC & others 051W17BA 600 1100 BLK Country Club City of Woodburn 051W17BA 700 1100 BlK Country Club City of Woodburn 051W17BA 800 1000 Country Club Corporation PresidinQ Bishop 051W17BA 900 2325 N Boones Ferry Marty Bonn's & Others 051W17BA 2900 1232 Artington Leach, Mark H 051W17BA 3000 1236 Artington Krebeduenkel, Dieter & Wanda PAGE 2- COU~CIL BILL i'lO ORDINANCE ~O 48 . ....,. T 051W17BA 3100 1240 Artington SneQirev, Ivan 051W17BA 3200 1244 Ar1ington Hatch, Eugene & Nanette 051W17BA 9600 1266 Artington Sanchez-Ruiz, Carolina 051W17BA 9700 1302 Artington Thompson, Archie & Roberts, Melanie 051W17BA 9800 1354 Artington Loftin, Mary 051W17BA 9900 1376 Ar1ington Leon, Antonin & Leon, Marina 051W17BA 10000 1414 Ar1ington Andraca, Jorge Garcia 051W17BA 10100 1432 Artington Cancino, Valerie & Joel 051W17BA 10200 1456 Artington Bernhardt, Patrick 051W17BA 10300 1478 Ar1ington Garcia-Perez, Policarpa 051W17BA 10400 1504 Ar1ington Ryan, Dale & Laura Simpson-Ryan 051W17BA 10500 1526 Ar1ington Cam, Ivan 051W17BA 10600 1548 Ar1ington Zamora, Jose & Aida 051W17BA 10700 1570 Artington Fernandez, Guadalupe 051W17BA 10800 1584 Artington Ferschweiler, Larry & Jolene 051W17BA 10900 1596 Ar1ington Awad, Maged & Zina SECTION S. COST ALLOCATION DETERMINATION ACCORDING TO THE BENEFIT RECEIVED: A. PROPERTY BENEFIT DETERMINATION: 1. Properties in the Local Improvement District are determined to benefit from the improvement in proportion as stated below: a. Property adjoining the improvement with front footage and direct access to Country Club Road are determined to receive 75% of the benefit. b. Property adjoining the improvement with back lot footage and no direct access to Country Club Road are determined to receive 25% of the benefit B. PROPOSED UNIT DETERMINATION FOR TilE METHOD OF ASSESSMENT: 1. UNIT DETERMINATION FOR ADJOINING LINEAL FOOTAGE A. UNIT OF LINEAL FRONT FOOTAGE: All improved and unimproved properties with frontage and direct access to Country Club Road B. UNIT OF BACK LOT FOOTAGE: All Improved properties with back lot adjoining Country Club Road with no direct access to it. PAGE)- COU~CIL BILL NO OR/)IN;\~CE ~O 49 ." ..,.,. 2. UNIT OF DRIVEW A Y APPROACH: Each property requiring access to Country Club Road will be assessed for each concrete approach. SECTION 6. ENGINEERS PROJECT COST ESTIMATE: A The estimated cost of improving Country Club Road in conformance with an Access Street Standard $. 265.000 B The estimated cost of undergrounding Existing overhead utilities $187.500 TOT AL PROJECT COST $ 452.500 Note: Estimated costs includes engineering, administration, contingency and permits SECTION 7. DISTRIBUTION OF PROJECT COST: A. PROJECT COST TO BE FUNDED BY THE CITY Costs that are not to be assessed I . Cost sharing by the city as approved by council policy and supported by approved budget a. Street Improvement == $ 54,200 b. Undergrounding Utilities $ 125,000 (As per council policy of 2/3 cost support) TOTAL TO BE FUNDED BY THE CITY = $ 179.200 B. IMPROVEMENT COST TO BE DISTRIBUTED AGAINST THE BENEFITED PROPERTIES Total Assessment against benefited properties Total cost less city support $452,500 - $179,200 $273,300 C. PROPERTY ASSESSMENT ACCORDING TO Bi:NEFIT PAGE 4- COU~CIL BILL NO ORDINANCE NO. 50 . -...,. 1 Concrete Approaches 6@ $500 each $3,000 2. Street cost including 1/3 undergrounding cost Total assessment less concrete approaches $273,300-$3000 $270,3Q9 SECTION 7. UNIT COST DETERMINATION: A. INDIVIDUAL PROPERTY UNITS 1. PROPERTIES WITH FRONT FOOTAGE AND DIRECT ACCESS TAX ADDRESS PROPERTY OWNER LOT # FRONT FOOTAGE 500 1200 Country Club 394,76 SEC Ventures LLC & others 600 1100 BLK Country Club 151.00 City of Woodburn 700 1100 BLK Country Club 200.00 City of Woodburn 800 1000 Country Club 269.93 Corporation Presiding Bishop 900 2325 N Boones Ferry 213.92 Marty Bonn's & Others 1249.6 2. PROPERTIES WITH BACK LOT FOOTAGE AND NO DIRECT ACCESS TAX ADDRESS BACK LOT PROPERTY OWNER LOT # FOOTAGE 2900 1232 Arlington 95.03 Leach, Mark H 3000 1236 Arlington 59.94 Krebeduenkel, Dieter & Wanda 3100 1240 Arlington 71.92 Snegirev, Ivan 3200 1244 Arlington 60.01 Hatch, Euoene & Nanette 9600 1266 Arlington 61.96 Sanchez-Ruiz, Carolina 1302 Arlington Thompson, Archie & Roberts, 9700 60.00 Melanie 9800 1354 Arlington 60.00 Loftin, Mary 9900 1376 Arlington 80.25 Leon, Antonin & Leon, Marina 10000 1414 Arlington 81.28 Andraca, Jorge Garcia 10100 1432 Arlington 60.00 Cancino, Valerie & Joel 10200 1456 Arlington 60.00 Bernhardt, Patrick 10300 1478 Arlington 60.00 Garcia-Perez, Policarpa 10400 1504 Arlington 60.00 Ryan, Dale & Laura Simpson- PAGE 5- COL;\jCIL IJILL NO ORDINANCE NO 51 . ....,. 'f Rvan 10500 1526 Ar1ington 60.00 Cam, Ivan 10600 1548 Arlington 60.00 Zamora. Jose & Aida 10700 1570 Arlington 60.00 Fernandez, Guadaluoe 10800 1584 Arlington 101.45 Ferschweiler, Larrv & Jolene 10900 1596 Arlington 79.63 Awad, Maaed & Zina 1231.47 B. DETERMINATION OF UNIT COST t. COST PER LINEAL FRONT FOOTAGE AND BACK LOT FOOTAGE: Calculation of Assessment Cost per lineal foot (Excluding Approach Cost) $ 270,300 a. Fronting property with direct access@ 75% = $202,725 Total front footage Units cost per lineal front footage = 1249.6 LF $162.23/LF b. Back lot footage property without direct access@ 25% $67,575 Total front footage Units cost per lineal back lot footage = 1 23 1. 5 LF $54.87/LF D. DRIVEW A Y APPROACH COST One driveway approach per tax lot requiring access to Country Club Road will be assessed at a flat rate. = $500/ea. SECTION 8. INDIVIDUAL ESTIMATED PROPERTY ASSESSMENTS: A. ESTIMATED ASSESSMENT COST BASED ON APPROACH, AND LINEAL ADJOINING FOOTAGE I TAX COST COST BASED TOTAL , LOT # ADDRESS PROPERTY OWNER OF ON FOOT AGE ASSESSMENT i APPROACH \ 1200 Country SEC Ventures LLC & others 500 Club $1000 $64,044.38 $65,044.38 1100 BLK City of Woodburn 600 Country Club $500 $24.496.43 $24,996.43 PAGE 0- COUNCIL BILL NO ORDINANCE NO 52 ......,. .. 1100 BLK City of Woodburn 700 Country Club $0 $32,445.60 $32,445.60 1000 Country Corporation Presiding Bishop $47,034.77 800 Club $1000 $48,034.77 2325 N Marty Bonn's & Others 900 Boones Ferry $500 $34,703.82 $35,203.82 2900 1232 Arlington Leach, Mark H $0 $5,214.62 $5,214.62 1236 Arlington Krebeduenkel, Dieter & $0 3000 Wanda $3,289.11 $3,289.11 3100 1240 Arlington Snegirev I Ivan $0 $3,946.50 $3,946.50 3200 1244 Arlington Hatch, Eugene & Nanette $0 $3,292.96 $3,292.96 9600 1266 Arlington Sanchez-Ruiz, Carolina $0 $3,399.96 $3,399.96 1302 Arlington Thornpson, Archie & $0 9700 Roberts, Melanie $3,292.41 $3,292.41 9800 1354 Arlington Loftin, Mary $0 $3,292.41 $3,292.41 9900 1376 Arlington Leon, Antonin & Leon, Marina $0 $4,403.59 $4.403.59 10000 1414 Arlington Andraca, Jorge Garcia $0 $4,460.11 $4.460.11 10100 1432 Arlington Cancino, Valerie & Joel $0 $3,292.41 $3,292.41 10200 1456 Arlington Bernhardt, Patrick $0 $3,292.41 $3 292.41 10300 1478 Arlington Garcia-Perez, Policarpa $0 $3,292.41 $3.292.41 1504 Arlington Ryan, Dale & Laura Simpson- $0 10400 Rvan $3,292.41 $3,292.41 10500 1526 Arlington Carn. Ivan $0 $3,292.41 $3,292.41 10600 1548 Arlington Zamora, Jose & Aida $0 $3,292.41 $3,292.41 10700 1570 Arlington Fernandez, Guadalupe $0 $3,292.41 $3.292.41 10800 1584 Arlington Ferschweiler, Larry & Jolene $0 $5,566.91 $5,566.91 10900 1596 Arlingto n Awad, Maged & Zina $0 $4,369.57 $4 369.5 $273,300.00 SECTION 9. PAYMENT PLAN FOR ASSESSMENT: A ten-year ( 1 0) payment plan is proposed for the assessment obligation. SECTION 10. INTEREST RATE: The Finance Director is authorized to develop a schedule and charge an interest rate, which does not exceed one-half (1/2) percent above the estimated net effective rate of bond sale. The interest rate is fixed at 6.0 percent. SECTION It. FUNDING METHODS: P;\(JE 7- COUNCIL BILL NO ORDINANCE NO 53 .....,. T The improvement costs for the project will be supported utilizing three funding sources, the LID property assessments, council approved city support and developer contribution. SECTION 12. FUNDING SUMMARY: PROJECT FUNDING REQUIRED $ 452,500 A CITY SUPPORT SOC/TIFS Street/Strom CIP $ 54,200 $ 125,000 SUB TOTAL = $ 179.200 B. LID PROPERTY ASSESSMENTS $ 273,300 1. SUB TOTAL = $273.300 FUNDING TOTAL $452.500 SECTION 13. REDUCTION OF ASSESSMENTS DUE TO SPECIFIC FUNDING RECEIVED Defined developer contributions of$67,600 are to be used to fund the assessment amounts of all lots in Heritage Park Subdivision as per agreement. SECTION 14. MAXIMUM LIMIT OF ASSESSMENT AMOUNT: It is proposed that the assessment amounts shown in this document be fixed as the maximum amount to be assessed against the prop<.,"lties for the said improvement Any cost overruns will be absorbed by the city. SECTION 15 CONTRACT :\-1 ETIIOD The contract award will be in conformance with public contracting laws and regulations SECTION 16 AUTHORIZATION OF BONO SALE PAGE 8- COUNCIL BILL NO ORDINANCE NO 54 'i' 'f Staff is hereby authorized to utilize interfund borrowing until bond sale is needed. The Finance Director is further authorized to proceed with the sale of bonds and/or the issuance of short term notes to finance the assessment portion of the project when needed. Approved as to fonn: t?).r'"1r /.~ City Attorney oJ\ -'2\ 1700 (, Approved: Kathryn Figley, Mayor Passed by Council Submitted to the Mayor Approved by the Mayor Filed in the office of the Recorder Attest: Mary Tennant, City Recorder City of Woodburn, Oregon PAGE 9- COUNCIL BILL i\O ORDINANCE NO 55 "'""'l' T ,~':';;r. WQ.Q.Q~"Q.~N i " ," ," ~ r .. I .1 I,~ ,"i .j ~ ~ 110 . . July 17, 2006 SUBJECT: Mayor and City Council through City Administrator ~ /l---~ Randy Rahman, Public Works Program Manager ~ Special Transportation Fund Agreement Amendment TO: FROM: RECOMMENDATION: Approve the attached resolution entering into a contract amendment to the current Special Transportation Fund Agreement with Salem Area Transit District to receive $30,000 in Special Transportation Funds for elderly and disabled transportation. BACKGROUND: The Special Transportation Fund (STF) is derived from a portion of the State of Oregon cigarette tax and dedicated for use in providing transportation for the elderly and disabled. The city's Dial-A-Ride program has been awarded varying amounts of these elderly and disabled transportation grant funds on an annual basis since 1988. The state allocates these funds by formula based on population to each county. In Marion County, in accordance with state statute, the special transportation funds are administered and disbursed by the Salem Area Transit District. DISCUSSION: The city submitted an application to Salem Transit District for STF elderly and disabled transportation funding for fiscal year 2006-2007. Through the grant process conducted by the Salem Transit District the City was awarded $30,000 for its Dial-A-Ride Program to provide transportation for elderly and disabled residents of the community. Salem Transit developed a contract amendment to the existing FY 2005/2006 agreement that the City has with the transit district for Special Transportation Funding to provide the grant funds. Staff recommends that the resolution be approved authorizing the City Administrator to sign the amendment to the existing STF agreement on behalf of the city. FINANCIAL IMPACT: The approved 2006-2007 Transit Fund revenue budget ir,ciudes this grant funding from the elderly and disabled Special Transportation Fund. ,''\ger,da I+em Review: City A Hcrney ~_ Finance 56 '"""'!' 11' COUNCil Bill NO. RESOLUTION NO. A RESOLUTION ENTERING INTO A CONTRACT AMENDMENT TO THE FY 2005-2006 SPECIAL TRANSPORTATION FUND AGREEMENT WITH THE SALEM AREA TRANSIT DISTRICT AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SUCH AMENDMENT. WHEREAS, the City of Woodburn applied for State of Oregon Elderly and Disabled Special Transportation Fund (STF) grant funding for fiscal year 2006-2007 as approved for under Oregon Statute; and WHEREAS, the City of Woodburn has been awarded $30,000 in operational assistance for the Dial-A-Ride program; and WHEREAS, the Salem Area Transit District administrates the Elderly and Disabled Special Transportation Fund for Marion County; and WHEREAS, the Salem Area Transit District has provided a contract amendment to the existing FY 2005-2006 Special Transportation Fund Agreement to provide FY 2006- 2007 Special Transportation Fund operating assistance to the Dial-A-Ride program, NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOllOWS: Section 1. That the City of Woodburn enter into a contract amendment to the FY 2005-2006 Special Transportation Fund Agreement with the Salem Area Transit District which is affixed as Attachment "AR and by this reference incorporated herein, to secure Elderly and Disabled Special Transportation Fund grant funding for Dial-A-Ride operating assistance. Section 2. That the City Administrator is authorized to sign said amendment on behalf of the City, Page 1 - COUNCIL BILL NO. RESOLUTION NO. 57 ...., 1 Approved as to torm<:7f), 'YT ~ City Attorney 1 f'ljlco6 APPROVED: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon 58 . .,'..... .. CONTRACT AMENDMENT ATTACHMENT -8- Page -L-- of - (v THIS CONTRACT AMENOMENT, made and entered into, in duplicate, by and between the Salem AreCa Mass Transit SAMTD, hereinafter called .SAMTO: and the City of Woodburn hereinafter called "Contractor" for the following project and amount: PROJECT: FY 2006/2007 - Amended Special Transportation Fund Agreement AMOUNT AS OF DATE OF AWARD: See attached Agreement WITNESSETH THAT the said Contractor, in consideration of the sums to be paid by the SAMTD in the manner and at the times herein provided, and in consideration of the other covenants and agreements herein contained, hereby agrees to perform and complete the work herein described and provided for and to furnish all necessary things in accordance with all sections of attachments and exhibits thereto, and in accordance with such alterations or modifications of the same as may be made by the SAMTD and according to and within the meaning and purposes of this contract. This agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the Contractor. THAT the Contract Documents, consisting of all attachments and exhibits thereto, bound herewith are hereby specifically referred to and by this reference made a part hereof and shall by such reference have the same force and effect as though all of the same were fully written or inserted herein. THAT the Contractor shall faithfully complete and perform all of the obligations of this Contract, and in particular shall promptly, as due, make payment of all just debts, dues, demands, and obligations incurred In the performance of said Contract; and shall not permit any lien or claim to be filed or prosecuted against the SAMTD, its agents or employees. It is expressly understood that this Contract in all things shall be governed by the laws of the State of Oregon. THAT in consideration of the faithful performance of all of the obligations, both general and special, herein set out and in consideration of the faithful performance of the work as set forth in this Contract, and In accordance with the directions of the SAMTD's authorized representative, and to his/her satisfaction, the SAMTD agrees to pay to the said Contractor the amount earned, as determined from the actual quantities of work performed and the prices and other basis of payment specified, and taking into consideration any amounts that may be deductible and under the terms of the Contract and to make such payments in the manner and at the times as shall be agreed upon In writing. THAT the contractor hereby certifies, under penalty of perjury, that contractor is, to the best of Its Knowledge, not In violalion of any tax laws described in ORS 305380 (4). 59 .,. l IN WITNESS WHEREOF, the Salem Area Mass Transit SAMTD has caused this agreement to be signed In Its corporate name, by its General Manager, and the said Contractor has caused this agreement to be signed as of the 30lh day of June, 2006. ATTACHMENT ~ Page ~ of __ SALEM AREA MASS TRANSIT (SAMTD) BY General Manager CITY OF WOODBURN BY, TITLE: 60 ,,' ,""" ... :-'8ge ;L. ... V' -.. '- - SPECIAL TRANSPORTATION FUND AGREEMENT SPECIAL TRANSPORTATION FUND FY 2005/2006 FY 2006/2007 - Amended Contractor: Period Covered: CITY OF WOODBURN July 1, 2005 through June 30, 2007 61 .....,. T ATTACHMENT li ~age _.::{._ of _ { ~ SPECIAL TRANSPORTATION FUND AGREEMENT THIS AGREEMENT is entered into this 1 st day of July 2005, by and between SALEM AREA MASS TRANSIT DISTRICT, a Municipal Corporation of the State of Oregon (hereinafter referred to as "District"), and THE CITY OF WOODBURN (hereinafter referred to as "Contractor" or "city"). RECIT ALS: A. The District is a municipal corporation whose existence and general authority is defined by ORS 267.200. B. The District has established a separate and distinct Special Transportation Fund entitled "STF 1 08" (hereinafter referred to as STF). C. The District and Contractor are desirous of entering into an agreement for the purpose of financing and improving transportation programs and services for the elderly and disal-)Ied residents of the District and any county in which all or a portion of the District is located, for the following projects and amounts: Amount of this Award Award Control # PROJECT: STF $22,500.00 STF 108 DURA TION: July 1, 2005 through June 30, 2006 July 1, 2006 through June 30, 2007 $30,000.00 S TF 108 PROJECT: Discretionary Grant $ (none) DURATION: July 1, 2005 through June 30, 2007 D. The parties expressly understand and agree to limit the extent and nature of this agreement to any funds ultimately to be distributed by STF, and, upon the failure of such fund or the prior disbursal of any monies previously received as part of the parties' participation in such fund, this agreement will automatically cease and have no further force or effect. Now, therefore, IT IS HEREBY AGREED between the parties as follows: 1. SCOPE OF AGREEMENT. 1.1 The Contractor will provide special transportation services in a manner such that the District will at all times be in full compliance with the applicable grant or other funding agreements between the District and the source of funding for this agreement and with ORS 391.800-391.830 and with administrative rules OAR 732-05-000 through 732-10- 045, as presently existing or as hereafter amended, and in a manner which will not cause the Public Transit Section to withhold payments or disapprove funding for Contractor's services. The Contractor will comply with all laws and regulations governing use of STF grants and will comply with all laws and regulations applicable to transportation of passengers. The Contractor will comply with all policies and guidelines adopted by the District relating to the STF program. The District's obligations under this agreement are contingent upon the continued availability and payment of funds from the State of Oregon Elderly and Disabled Special Transportation Grant. Attached hereto and SPECIAL TRANSPORTATION AGREEMENT 2005 - 2007 CITY OF WOODBURN 62 '"I 1 ATTACI-ftAENT [1- ?age -..L- of J.o EXHIBIT A SCOPE OF WORK The purpose of this Agreement is to provide funding for the City of Woodburn to complete the following project Provide Dial-A-Ride transportation services to the residents of the City of Woodburn. The Dial-A-Ride program provides transportation to elderly and disabled individuals for any purpose within the Woodburn city limits. The grant offered by ODOT through this Agreement is for the purchase of transportation services under a contract, lease, or other arrangement. Purchased service is defined as "capital" for the purposes of the 49 USC 9 5310 program, as described in Circular 9070.1 E. Generally accepted accounting principles and the City of Woodburn's accounting system determine those costs that are to be accounted for as operating costs. The City of Woodburn may not count the same costs twice if they have multiple agreements for which these costs may be eligible, The service provider may use capital equipment funded from USDOT - or State-source grants when performing services rendered through a contract funded by this Agreement. Depreciation of capital equipment funded from USDOT - or State-source grants is not an eligible expense. Service DesiQn The service purchased under this agreement, e.g., schedule, days, hours and service type (demand responsive, fixed route or other) will be designed to meet the needs of the elderly and people with disabilities as determined by the City of Woodburn in consultation with the District, the affected community members and stakeholders identified by the District and the City of Woodburn. The Paratransit van service will provides door-to-door service to the general elderly and disabled population of the city. Forty hours of weekly service is provided which is the same as the fixed route bus - Monday through Friday from 9 a.m. to 5 p.m. This service provides the Americans with Disabilities (ADA) complementary Paratransit service that is required of the city because of the fixed route bus service provided. The city will also provide this service to the general elderly. A volunteer driver service provides transportation for residents to medically related appointments from Salem to Portland and occasionally beyond. The program currently uses primarily volunteers who are seniors themselves and work under the city's Retired Senior Volunteer Program (RSVP). Contractor will coordinate services offered to the general public in the regional area to enhance regional services and to avoid duplication of services. it) SPECIAL TRANSPORTATION AGREEMENT 2005 - 2007 CITY OF WOODBURN 63 . ..... .. ATTACHMENT ,f\- :'age _ &_ of (.p Service Goals and Reporting Overall, the success of the service will be measured by the use of the service, specifically by the numbers of elderly and disabled passenger trips. The primary goal of the project is to sustain current service levels and to increase the number of passengers who are elderly and disabled passengers over the term of this Agreement. 1. The City of Woodburn will maintain current Dial-A-Ride service from FY 2004-05 to FY 2005-06. 2. The number of seniors and people with disabilities using the dial-a-ride service will increase by a minimum of a 3% annually. This goal will be achieved by providing services specifically designed to meet the needs of the seniors and people with disabilities residing in the City of Woodburn. In addition to reporting the data outlined in the monthly report, contractor will report on the service design and progress toward achieving the service goals in each report and reimbursement request submitted to the District. The City of Woodburn will inform the District if there is a change in the service funded by this Contract. Payment and Budget Contractor will report to the District the actual cost of service provided within the payment period, based on verifiable records. City of Woodburn FY 2005-06 TOTAL FY 2006-07 TOTAL Administration Operations - Dial-A-Ride service $22,500 $22,500 $30,000 $30,000 Total STF Grant award for FY 2005-06 $22,500 $30,000 I i. ! SPECIAL TRANSPORTATION AGREEMENT 2005 - 2007 CITY OF WOOOBURN 64 i' t I.t ;:".~. ;c~ p.:: 1-dot 111' .-....., lTrt." ....., WQ.Q12.!i~~N .. i,',; r;' ,I :'.: y.,.J 13A A~'~ July 24,2006 FROM: Honorable Mayor and City Council through City Administrator Jim Allen, Community Development Director ~ Planning Commission's Approval of Design Review 06-02, Variance 06-04 and Exception 06-01 located at 1501 Industrial Avenue. TO: SUBJECT: 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 July 13, 2006, the Planning Commission adopted a final order approving Design Review 06-02, Variance 06-04 and Exception 06-01 to construct a 3,888 square foot alcohol manufacturing plant at 1501 Industrial Avenue in the Industrial Park (IP) zone; variance to boundary and connecting street requirement for Industrial Avenue; and exception approval to not construct the sidewalk on the west side of National Way, The subject site is 2 acres in area and can be further identified as Tax lot No. 600 on Marion County Assessor Map T5S, R1W, Section 08A. The site is located at the northeast corner of the intersection of National Way and Industrial Avenue. The subject site is currently vacant. The subject property is zoned Industrial Park (IP) and designated Industrial on the Comprehensive Plan Map. The surrounding properties to the north, south (across Industrial Avenue), east and west (across National Way) are zoned IP and designated Industrial on the Comprehensive Plan Map, The property to the north is developed with Ag West Supply. The property to the south is developed with the Department of Motor Vehicles. The property to the east is developed with Affordable Auto Wholesale. The property to the west is developed with Fleetwood Homes. According to Flood Insurance Rate Map (FIRM) 410172, the subject site is located outside of the 500-year FEMA floodplain. No wetlands are located on the subject site. Agenda Item Review: City Administrato City Attorney ~ Finance 65 "i 1 Honorable Mayor and City Council July 24, 2006 Page 2 . . The applicant/property owner is Mihai Talvan, DISCUSSION: None. FINANCIAL IMPACT: There is no financial impact associated with the recommended action. 66 ...,. l