Agenda - 07/28/2003
WOODBURN CITY COUNCIL
AGENDA
JULY 28, 2003 - 7:00 P.M.
1. CALL TO ORDER AND FLAG SALUTE
2. ROLL CALL
3. ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
A. The Woodburn Public Library presents Music in the Park 2003-
Tuesday nights, 7:00 p.m. - 8:30 p.m. Golden Bough performs
on July 29th and the Bill Hughes Jau Band performs on
August 12th.
B. The 39th Annual Mexican Fiesta will be held August 1-3,2003 at
Legion Park.
C. The 20th Annual National Night Out is August 5, 2003.
D. Mayor's Cup GolfTournamentwill be held on August 8,2003 at
Senior Estates Golf Course.
E. The 4th Annual Walt's Run will be held on August 9, 2003 at
Centennial Park.
F. The Berry Festival will be held on August 8 and 9, 2003 at
Bauman Farms.
G. The appeal Hearing for Coastal Farms is scheduled for August
11, 2003.
Appointments:
I. Sign Ordinance Focus Group
HHa{-mi interpretes oisfJOnib{es para aque{{as personas que no bab{an Ingles! previa acuervo. COl11uniquese
al (503) 980-2485:'
July 28, 2003
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4. PROCLAMATIONS/PRESENTATIONS
Proclamations:
A. None.
Presentations:
B. None.
5. COMMITTEE REPORTS
A. Chamber of Commerce
B. Woodburn Downtown Association
6. COMMUNICATIONS
None.
7. BUSINESS FROM THE PUBLIC (This allows the public to introduce items
for Council consideration not already scheduled on the agenda.)
8. CONSENT AGENDA -Items listed on the consent agenda are considered
routine and may be enacted by one motion. Any item may be removed
for discussion at the request of a Council member.
A. Woodburn City Council minutes of July 14, 2003, regular and 1
executive sessions
Recommended Action: Approve the Woodburn City Council
minutes.
B. Woodburn Planning Commission minutes of June 26, 2003 10
Recommended Action: Accept the Woodburn Planning
Commission minutes.
C. Woodburn Planning Commission minutes of July 10, 2003 13
Recommended Action: Accept the Woodburn Planning
Commission minutes.
9. TABLED BUSINESS
None.
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10. GENERAL BUSINESS
A. Council Bill 2466 - Ordinance amending Ordinance 2060 (the 21
Woodburn Park Ordinance) by adding a new section creating
a park exclusion process and declaring an emergency
Recommended Action: Adopt the ordinance.
B. Council Bill 2467 - Resolution supporting a letter of application 25
for technical assistance to the National Park Service Rivers and
Trails program
Recommended Action: Adopt the resolution.
C. Contract Award for West Lincoln Street Improvement 39
Recommended Action: Award the construction contract to
the lowest responsible bidder, Parker Northwest Paving
Company for Improvement of West Lincoln Street between
Cascade and Leasure Street in the amount of $135,680.54.
D. Liquor License Application - New Outlet 42
Recommended Action: Approve a Limited On-Premise Sales
liquor license for La Palapa Restaurant, 450 N. First St.,
Woodburn, Oregon.
E. Grant Award - Juvenile Accountability Incentive Block Grant 46
Program
Recommended Action: Approve receipt and allocation of the
Juvenile Accountability Incentive Block Grant funds for
Woodburn Peer Court, and renew the ORS 190 Peer Court
agreement with Marion County.
F. Design Services Agreement for the Downtown Plaza 60
Recommended Action: Authorize City Administrator to
execute a personal services agreement for urban design
services for a downtown plaza with Lloyd Lindley, ASLA in an
amount not to exceed $16,790.
G. Consulting Services Relative to Library Remodeling or 71
Expansion Plan
Recommended Action: Authorize the City Administrator to
finalize and execute an agreement with Hennebery Eddy
Architects, Inc. to complete a library remodeling or expansion
plan.
11. PUBLIC HEARINGS
A. None.
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12. PUBLIC COMMENT
13. NEW BUSINESS
14. 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 Conditional Use 03-01, 72
Design Review 03-02, and Variance 03-20, a request to
construct a 6,197 square foot addition to the existing fire
department main station, to construct a 4,800 square foot
storage building and to allow a variance request for parking
within a required interior yard setback (Woodburn Rural Fire
Protection District)
B. Planning Commission's approval of Design Review 03-05, 74
Variance 03-12 & Partition 03-02, request for design review
approval of Phase II of Chemeketa Community College and a
48 space parking lot located north of the Chemeketa
Community College site (across East Lincoln Street). The
applicant is also requesting a variance to the full right of way
dedication and street standards on East Lincoln Street and a
partition request so they can purchase a portion of the Union
Pacific Railroad land where the 48 space parking lot is
proposed.
15. CITY ADMINISTRATOR'S REPORT
Water Use (Rohman)
16. MAYOR AND COUNCIL REPORTS
17. 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).
18. ADJOURNMENT
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SA
COUNCIL MEETING MINUTES
JUL V 14, 2003
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1100] DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, JULY 14, 2003.
CONVEl"ED. The mccting convcned at 7:00 p.m. with Mayor Figley presiding.
(J() 1-' Mayor Figley stated that Police Officer Jim Seeley's wife passed away last Thursday and,
out of appreciation and friendship for Officer Seeley and in respect for his wife, she held
a moment of silence.
0100 ROLL CALL.
Mayor Figley Present
Councilor Bjelland Present
Councilor Cox Present
Councilor McCallum Present
Councilor Nichols Present
Councilor Sifuentez Present
Councilor Veliz Present
Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director
Tiwari, Police Chief Russell, Park & Recreation Director Westrick, Finance Director
Gillespie, Public Works Manager Rohman, Senior Planner Zwerdling, City Recorder
Tennant
0115 ANNOUNCEMENTS.
A) Music in the Park 2003: Musical performances are held on Tuesday evenings from
7:00 pm to 8:30 pm with the Roundhouse Bluegrass performing on July 15th and the
Maharimbas performing on July nnd.
B) Mayor's Cup Golf Tournament will be held on August 8, 2003 at the Senior Estates
Golf course.
C) 41h Annual Walt's Run will be held on August 9, 2003 at Centennial Park.
D) 2"" Annual Berry Festival will be held on August 8 and 9, 2003 at Bauman Famls.
E) Sign Ordinance Focus Group: Mayor Figley stated that she has one position still
open and she hopes to make appointments to this group at the next meeting.
0211 PROCLAMATION: iOTH ANNUAL NATIONAL NIGHT OUT - AUGUST 5, 2003.
Mayor Figley read the proclamation declaring August 5, 2003 as National Night Out in
Woodburn and urged local residents to support this program which promotes cooperative
police-community crime, drug, and violence prevention efforts. She stated that she was
looking forward to accompanying the Police Chief or Deputy Chief to visit the
neighborhood gatherings and she urged the Council and local citizens to participate in
this annual event.
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11:1 ~() PROCLA1VIATION: RECREATION AND PARKS MONTH - JULY 2003.
Mavor Figley read the proclamation declaring the month of July 2003 as Recreation and
Parks Month within the City and urged citizens to visit City parks, the Aquatic Center,
and/or take part in a recreation program or special event.
()422 2003 FRIE!\DS OF THE PARK AWARDS.
Mayor Figley presented av.,:ards to the following:
I ) Dan Christensen - in recognition for his many years of volunteer service in
coaching baseball, basketball, and football to Woodburn area youths.
2) Marion Soil and Water Conservation - in recognition for their partnership with the
City to improve the City's environmental quality by providing valuable technical
assistance and funding improvements with the Mill Creek Greenway.
0576 CHAMBER OF COMMERCE REPORT.
Kathy Wolfer, representing the Chamber Board, stated that the Drums of Fire event
continued to be an excellent show and plans are in the making to expand the seating
capacity for next year's event. Upcoming Chamber events are as follows:
l) Business After Hours - Chamber at the Drags will be held on July 17th at the
Woodburn Drag Strip from 4:30 pm to 6:30 pm.
2) Business After Hours - Miles Chrysler, Jeep, Dodge dealership will host this event on
July 24th from 4:30 pm to 6:00 pm.
She also distributed the Chamber's monthly statistical report on visitors, telephone calls,
e-mail, website hits, and informational packets provided to the public. It was noted that
the year-to-date numbers are almost at the annual goal set by the Chamber last year.
0707 CONSENT AGENDA.
A) approve the regular and executive session Council minutes of June 23,2003;
B) accept the Planning Commission minutes of June 12,2003;
C) accept the Recreation and Parks Board meeting draft minutes of July 8,2003;
D) receive the Aquatic Center revenue comparison report;
E) receive the Library Monthly Report for May 2003;
F) receive the Building Activity report for June 2003;
G) receive the Planning Project Tracking Sheet dated June 18,2003;
H) receive the Police Department statistical report for March 2003;
I) receive the report relating to the 20th Annual National Night Out event; and
J) receive the report listing the claims for June 2003.
Councilor McCallum stated that the Teen Scene program continues to operate during the
summer months and it is doing very well.
NICHOLS/MCCALLUM... adopt the consent agenda as presented. The motion passed
unanimously.
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()i-( [2 COUNCIL BILL 2463 - ORDINANCE ANNEXING 41.57 ACRES OF PROPERTY
LOCATED AT 350 S. PACIFIC HIGHWAY AND GRANTING A ZONE CHANGE
TO CITY IL (Light Industrial) ZONING DISTRICT (Food Services of America, Inc.).
('oul1cilor Sifuentel introduced Council Bill 2463. Recorder Tennant read the two readings
oCtile hill hy title only since there were no objections from the Council. On roll call vote for
tinal passage. the bill passed unanimously. Mayor Figley declared Council Bil! 2463 duly
passed.
0929 COUNCIL BILL 2464 - ORDINANCE RELATING TO IMPROVEMENTS OF A
PORTION OF WEST LINCOLN STREET BETWEEN CASCADE DRIVE AND
LEASURE STREET, ADOPTING A LOCAL IMPROVEMENT DISTRICT,
DIRECTING THE CONTRACT A WARD, AND PROVIDING FOR PAYMENT OF
COSTS THROUGH ASSESSMENT OF PROPERTIES WITHIN THE LOCAL
IMPROVEMENT DISTRICT.
Council Bill 2464 was introduced by Councilor Sifuentez. The two readings of the bill were
read by title only since there were no objections from the Council. On roll call vote for final
passage. the bill passed unanimously. Mayor Figley declared Council Bill 2464 duly passed
with the emergency clause.
1029 COUNCIL BILL 2465 - RESOLUTION INITIATING A LOCAL IMPROVEMENT
DISTRICT PROJECT FOR STREET IMPROVEMENTS ON THE ALLEY
BETWEEN GARFIELD STREET AND CLEVELAND STREET.
Council Bill 2465 was introduced by Councilor Sifuentez. Recorder Tennant read the bill
by title only since there were no objections from the Council. On roll call vote for final
passage, the bill passed unanimously. Mayor Figley declared Council Bill 2465 duly passed.
1082 LIQUOR LICENSE APPLICATION: BOWERSSTEAKHOUSE,327N Pacific Hwy.
A change of ownership liquor license application for the business establishment located at
327 N. Paei fie Highway was submitted by the owners of Bowers Steakhouse and Rumors Bar
& Grill.
BJELLAND/SIFUENTEZ.... approve a full on-premise sales liquor license for Bowers
Steakhouse at 327 N. Pacific Highway.
Police Chief Russell stated that Bowers Steakhouse will operate their restaurant in the same
bui Iding as Rumors Bar & Grill. Initially, Rumors had a license for the restaurant and lounge
but Ms. Wiltsey, Rumors owner, will be surrendering her license for the restaurant and she
has entered into a partnership with the owners of Bowers Steakhouse who will be operating
the restaurant.
Councilor Cox stated that GLCe has some very strict regulations to be followed on the joint
operation of a restaurant and lounge business.
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Councilor McCallum stated that his concem involves increased activity along I-lighway 99E.
He has no complaints in regards to this particular license application but he is concem about
general issues surrounding traffic and other activities that occur along H iglmay l)l)E in the
W oodbul11 area.
The motion to approve the liquor license application passed 5-1 with Councilor Nichols
\oting nay.
1370 ACCEPTANCE OF PUBLIC RlGHT-OF-W A Y: 395 SHENANDOAH LANE.
As a condition of approval in Site Plan Review case 02-06, Kerr Contractors is conveying
additional public right-of-way.
NiCHOLS/COX..... accept the public right-of-way from Kerr Contractors. The motion
passed unanimously.
1430 CONTRACT AWARDS: WATER TREATMENT PLANT PROJECT.
1) Bids for Schedule A were received from the following contractors: Slayden Construction,
5)8,530,000; Stellar J Corporation, $9,065,530; IMCO General Company, $9,073,000; and
Harbor Pacific Construction, $9,781,040. The engineer's estimate for this portion of the
water treatment plant project was $9,994,000.
BJELLAND/MCCALLUM...award City of Woodburn Water Treatment Plant package 3
Schedule A for water treatment plant construction to the low responsible bidder Slayden
Construction Inc., for $8,530,000.00. The motion passed unanimously.
2) Bids for Schedule B were received from the following contractors: Brown Minneapolis
Tank NW, $2,088,558; T Bailey Inc., $2,172,777; Morse Construction Group, $2,2 I 1,400;
and Slayden Construction, $2,448,000. The engineer's estimate was $2,890,000.
BJELLAND/MCCALLUM...award City of Woodburn Water Treatment Plant package 3
Schedule B for water treatment plant storage reservoirs and tanks to the low responsible
bidder Brown Minneapolis Tank NW, LLC, for $2,088,558.00. The motion passed
unanimously.
3) Bids for Schedule C were received from the following contractors: Kerr Contractors Inc.,
$558,240.80; and Dunn Construction, Inc., $583,821.00.
BJELLAND/NICHOLS... award City of Woodburn Water Treatment Plant package
Schedule C for water transmission line installation to the low responsible bidder, Kerr
Contractors Inc., in the amount of $558,240.80. The motion passed unanimously.
I 542 ACCEPTANCE OF WATERCOURSE EASEMENT (Lenhardt Property).
As a condition of approval in Property Line Adjustment case 02-06, 03-0 I, and 03-03, Floyd
and Gladys Lenhardt are conveying an easement to the City for the purpose of allowing
future maintenance of the published 100-year floodway. The property owned by the
Lenhardt's is located along Mill Creek between Young Street and Lincoln Street.
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NICHOLS/SIFUENTEZ... accept the public improvement / \vatercourse easemen[ as
presented hy Floyd and Gladys Lenhardt. The motion passed unanimollsly.
I )')J2 CONTINUATION OF PUBLIC HEARING: APPEAL OF DESIGN REVIEW 02-12
AND VARIANCE 03-01 - Coastal Farm SupplY Expansion.
Mayor Figley open the continued public hearing at 7:28 p.m..
BJELLAND/COX... continue the public hearing on Design Review 02- I 2 and Variance 03-
o I to the City Council meeting of August 11,2003 pursuant to the applicant's request. The
motion passed unanimously.
1655 Richard Jennings, 595 Filbert, thanked the City, the Council, and all volunteers who worked
on the July 4th event. Even though this year's event was moved to Centennial Park, it was
a very successful event. He also felt that having this event on City property was a good idea
and the public works staff needs to be recognized for the work they did throughout the day
to keep the park clean during the event. He also thanked Christine Jones for her beautiful
rendition of the National Anthem.
192] PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS.
A) Planning Commission's approval of Conditional Use 03-04: Request to allow a
money/cash transfer business in the General Commercial Zone (Mexico Transfer).
No action was taken by the Council on this issue.
B) Planning Commission's approval of Conditional Use 03-02, Design Review 03-03,
Phasing Plan 03-01, and Variance 03-18: Request to construct a 26,188 square foot
building for additional classrooms at Woodburn High School.
No action was taken by the Council on this issue.
1980 CITY ADMINISTRATOR'S REPORT.
A) City Attorney Performance Evaluation: The City Attorney's contract calls for an
annual performance evaluation around the month of July, therefore, an electronic copy of the
Attorney's job description and evaluation form will be sent to the Mayor and Council (hard
copy of documents will be provided to Councilors who do not have e-mail). Staff will be
scheduling the City Attorney's performance evaluation for the first meeting in August.
B) Space agreement with Farmworker Housing Development Corporation (FHDC):
Administrator Brown reminded the Council that during the Budget sessions, approval was
given to close the Community Center and, to maintain office space for RSVP, the City would
rent office space from FHDC at the Esperanza Court complex. The office space to be leased
is enough to house all of the Parks Administration functions and staff is requesting Council
authority to enter into an annual lease with FHDC. The specific lease language is still be
worked on by both parties, however, staff would like to be able to move to the new facility
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hv July 21. 2()03. The monthly lease will be $1,228.50 which will provide 4 offices and a
fairlv brge community area 3S well as support space.
:\lCCALLlIM/NICIIOLS... authorize the City Administrator to execute a lease as
presented. The motion passed unanimously.
221_1 1\1A YOR AND COUNCIL REPORTS.
Councilor Nichols stated that he had attended the Cascade Surge game on July 4th then
attempted to drive to Centennial Park for the fireworks. The traffic was so congested that
they decided to park in the Wal-Mart parking lot and watched the fireworks from that
location. By next year, it will be necessary to work out traffic flow and parking issues for
this event.
Councilor Veliz complimented the Recreation staff for their excellent day camp program.
He also stated that he has noticed less graffiti within the City and he thanked the staff for
working with the community and businesses on this issue. Lastly, the street improvements
continue to move forward and he appreciated the friendliness of the constmction workers in
trying to keep traffic moving with minimal delays.
Councilor McCallum stated that he had also heard a number of comments regarding the July
4th event including the parking and traffic situation. He also stated that the Fire District
reported that there were no significant fires due to firecrackers in the Woodburn area this
year.
Councilor McCallum thanked the Council and administrative staff for their support of this
year's Relay for Li fe event which brought in over $50,000 for cancer programs - a $16,000
increase from last year's event The City had a Gold Sponsorship while the Police
Association had a Silver Sponsorship. He also thanked Randy Westrick who was on the
Relay for Li fe Steering Committee and in charge of entertainment. He reiterated his thanks
to the community for their participation and willingness to contribute to this fundraiseL
2()33 Councilor Bjelland stated that he had attended the Mid-Willamette Valley Area Commission
on Transportation (MW ACT) meeting last week and it was announced that Gervais Mayor
Sandra Foote has resigned from her commission on MW ACT He suggested that the Mayor
and Council try to recmit someone from the North Willamette Valley that will have a strong
interest in supporting the Woodburn interchange in its continuing fight for its fair share of
transportation dollars. It was noted that the position must be filled by an elected official from
one of the cities in the North Marion County area.
2891 Councilor Sifuentez thanked all of those individuals who made the 4th of July celebration
possible in our community. She also reminded the Mayor that she will be out of town for the
July 28th Council meeting.
Mayor Figley repeated sentences that were on the Friends of the Parks certificates in that
"..Woodburn is a Great Place To Be.... and, in different ways, events such as Drums of Fire
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and Relay l'or Ll fe renect a very posi tive community where peop Ie enjoy doing \I/hat they call
,"or 01 hns
:\()(),' EXECUTIVE SESSION.
r'v1ayur FIgley entertall1ed a motion to adjourn to executive session under the t()llowing
statutory authority:
I) ORS 192.660( I )(h) 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;
2) ORS 192.660( 1 )(f) to consider records that are exempt by law from public inspection;\
3) ORS 192.660(1)( e) to conduct deliberations with persons designated by the governing
body to negotiate real property transactions; and
4) ORS 192.660( 1)( d) to conduct deliberations with person designated by the governing body
to carryon labor negotiations.
NICHOLS/BJELLAND...adjourn to executive session under the statutory authority cited
by the Mayor. The motion passed unanimously.
The Council adjourned to executive session at 7:41 p.m. and reconvened the meeting at 8: 12
p.m..
3043 Mayor Figley stated that no official action was taken by the Council in executive session,
however, a couple of matters were identified that will require Council action during open
session.
COXJMCCALLUM... City Attorney be authorized to pursue collection and, if necessary,
to file a lawsuit in a court of competent jurisdiction to obtain payment of the full amount of
the transient occupancy tax owed to the City, including interest and penalties, which is due
from the operators of LaQuinta Inn at 120 Arney Road, Woodburn, Oregon, and any other
legally responsible parties at the City Attorney's discretion that might be brought in to that,
and to force by judgement or other legal proceedings as the City Attorney deems appropriate.
The motion passed unanimously.
Councilor Bjelland questioned as to when the Council may want to address policies and
procedures as it relates to this type of issue in the future.
Mayor Figley suggested that proposed ordinance revisions be developed by staff and
presented to the Council for consideration in the near future.
NICHOLS/VELIZ.... City Administrator be authorized to execute an agreement and all
documents necessary for the City to purchase the property located at 1060 Mt. Hood A venue,
Woodburn, Oregon, tax lot #4800, from Leonard L. Van Valkenberg at the purchase price
of $364,000 and, in addition to the City's standard tenns of conditions for the purchase of
real property, the following tenns and conditions have been agreed to:
I) that the seller pay any delinquent taxes and all taxes for the year 2003-04;
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:2) that the City pay all closing fees and costs including the cost of title insurance;
~) that the seller shall remove all junk automobiles from the real property prior to the
cl~)sing date;
.4) that the purchase of the property shall be contingent upon the City's approval of an
environmental assessment of the property perforn1ed at the expense of the City: and
5) that the closing shall occur in escrow on or before September I, 2003.
The motion passed unanimously.
3375 ADJOURNMENT.
MCCALLUM/SIFUENTEZ.... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 8: 17 p.m..
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
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Executive Session
COUNCIL MEETING MINUTES
July 14,2003
DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
~lARION. STATE OF OREGON, JULY 14, 2003.
CONVENED. The Council met in executive session at 7:43 p.m. with Mayor Figley presiding.
ROLL CALL
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Figley
Bjelland
Cox
McCallum
Nichols
Sifuentez
Veliz
Present
Present
Present
Present
Present
Present
Present
rvIayor Figley reminded the Councilors and staff that information discussed in executive session is not
to he discussed with the public.
Staff Present: City Administrator Brown, City Attorney Shields, City Recorder Tennant
Media Present: John Gervais, Woodburn Independent (left executive session when ORS 192.660( 1 )(d)
\\as discussed)
The executive session was called under the following statutory authority:
] ) ORS 192.660( 1 )(h) 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;
2) ORS 192.660( 1 )(f) to consider records that are exempt by law from public inspection;
3) ORS 192.660( 1 )(e) to conduct deliberations with persons designated by the governing body to
negotiate real property transactions; and
4) ORS 1 92.660( 1)( d) to conduct deliberations with persons designated by the governing body to carry
on labor negotiations.
ADJOURNMENT.
The executive session adjourned at 8: 1 0 p.m..
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
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8B
WOODBURN PLANNING COMMISSION
June 26, 2003
CONVENED The Planning Commission met in a regular session at 7:00 p.m. in City Hall Council
Chambers with Chairperson Lima presiding.
ROLL CALL
Chairperson
Vice Chairperson
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Lima
Young
Vancil
Grigorieff
Mill
Bandelow
Lonergan
P
P
A
P
A
A
P
Staff Present:
Jim Mulder, Community Development Director
MINUTES
A. Woodburn Planning Commission Minutes of May 22. 2003.
Vice Chairperson Younq moved to approve the minutes as submitted by Staff. Commissioner Lonerqan
seconded the motion, which unanimously carried.
B. Woodburn Planning Commission Minutes of June 12. 2003.
Commissioner Lonerqan moved to adopt the minutes as presented. Motion was seconded by Commissioner
Griqorieff. Motion unanimously carried.
BUSINESS FROM THE AUDIENCE
None
COMMUNICATIONS
A. Woodburn City Council Minutes of May 27. 2003.
Vice Chairperson Younq inquired whether anything will be coming forward from the JLR/Bruce Pack request
for City services or will it remain a County Planning Commission issue?
Staff replied they are currently in the waiting process and indicated the City Council's position is that the City
will stop providing sewer service unless they commit to Annex.
Vice Chairperson Younq commented that seems consistent with what was proposed for Food Services of
America.
PUBLIC HEARING
None
ITEMS FOR ACTION
A. Final Order for Conditional Use 03-02, Design Review 03-03, Variance 03-18 and Phasing Plan
03-01. request to construct permanent classrooms at the Woodburn High School. 1785 N.
Front St.. Woodburn School District. applicant.
Commissioner Lonerqan moved to adopt the final order as presented.
Vice Chairperson Younq requested clarification regarding Condition Item #4 and indicated it states in the Final
Order that the applicant will be filing for a Variance.
Staff remarked he believed a Variance application has not been submitted and clarified the applicant still had
Planning Commission Meeting - June 26, 2003
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to show it on the plan. However, the applicant has the option of applying for a Variance and obtaining
approval prior to getting occupancy of the building. Staff pointed out the addition of verbiage to Condition Item
#4. He explained the condition was written to kick the final occupancy to the second phase of the project
which means they may obtain the permit for the first phase.
Vice Chairperson Younq seconded Commissioner Lonergan's motion. Motion carried unanimously.
B. Final Order for Conditional Use 03-04, conditional use to allow money transfer business
located at 1165 N. Pacific Hwy., Mexico Transfers, Inc., applicant.
A motion was made by Vice Chairperson Younq to accept Conditional Use 03-04 Final Order as presented
by Staff Commissioner Lonerqan seconded the motion, which unanimously carried.
C. Proposed security fencin~ for the Parr Road Water Treatment Plan site located at 828 Parr
Road (Case File Nos. ANX 01-04, ZC 01-03, CU 02-08, DR 02-19, V AR 03-03, Var 03-04, V AR 03-
05 & EXCP 03-03.
D. Proposed security fencin~ for Country Club Road Water Treatment Plant located at 1084
Country Club Road (Case File Nos. CU 02-05, DR 02-16. VAR 03-06 & VAR 03-07).
Randv Rohman addressed both Water Treatment Plan Final Orders and reported the concrete block wall
came out to about $210 per lineal foot and the chain link 6 ft. tall with the plastic slats came out to
approximately $30 a lineal foot. He indicated that added up to a differential cost of approximately $180 a
square foot. Mr. Rohman further explained it would have added approximately $497,000 on to the cost of the
treatment project if they were to put the concrete block wall around the entire site. Prior commitments were
made to City Council not to exceed a value that was stated in the 1996 Master Plan for Treatment Plant
construction. He also stated they felt it is probably a little more critical and they could see the potential benefit
to screening the east and west sides of Country Club Rd. as there is a residential area along there and are
proposing to build the block wall on the east and west sides of the Country Club Rd. site. Additionally, they
would propose a chain link fence with the plastic slats along the Country Club Rd. frontage as it will be a little
bit more of a well traveled street. Mr. Rohman further reported they propose to install a 6 ft. chain link fence
around the entire Parr Rd. site with the plastic slats. The cost of the Treatment Plant will be increased by
approximately $130.000, saving approximately $366,000 from the estimated cost of the Treatment Plan
construction. In closing, Mr. Rohman stated although the proposal may not meet all of what was expressed
at the Planning Commission hearing as to what they were looking for, the proposal is what they feel is
economically sound and also is probably the most beneficial for the surrounding properties.
Commissioner GriQorieff inquired whether bids from various contractors were obtained?
Randv Rohman responded their consulting engineer provided them with estimates for treatment plant
construction. He further explained the consulting engineer went back and looked at several types of fencing
that they have bid at other parts of Oregon and the West Coast and came up with what they have seen as a
prevalent cost for these types of fencing in other projects they have done. Mr. Rohman further reported they
estimated based on their experience and they did not actually go out and get a contractors bid. However, they
are just in the process of bidding right now.
Commissioner Lonerqan questioned how secure are these types of fencing?
Randy Rohman replied they have included a layer type of security with the fence being the initial layer and
there will be various other layers. Moreover, there will be other detection systems as you go across the fence
and before you enter into the building as well as various detection systems on the storage reservoirs.
Commissioner Lonerqan further stated he needs to be convinced that this will be a secure site.
Randv Rohman answered he is comfortable with the fact that it will be a secure site the way the project is
designed. He further explained they enhanced some of the detection systems that come after the fence and
decreased the distance between the various sensors on the inside of the fence. There were also
Planning Commission Meeting - June 26. 2003
Page 2 of 3
11
modifications made to the actual security system.
Vice Chairperson Youn~ thought Public Works has listened to the concerns of the Planning Commission and
developed a contingency plan that has been presented using more electronic security and using the fence
more as just a sight obscuring part of their security. He felt this seems to be a reasonable solution.
Commissioner Loner~an moved to approve the proposed security fencing for Parr Rd. Water Treatment Plant
and Country Club Rd. Water Treatment Plant as presented tonight. Motion was seconded by Commissioner
GriQorieff, which unanimously earned.
DISCUSSION ITEMS
Vice Chairperson Younq mqu Ired whether there would be a difference In the rate for Traffic Impact fees (TIFS)
between the County and the City? He also questioned if improvements, i.e. painting a building, warrant a
higher rate?
Staff answered there will probably be a difference in the rate for TIFS as each jurisdiction sets their own fee
and there are various factors involved. He also stated TIFS are based on capital improvement programs.
Staff further reported TIFS are based on use and square footage of that use.
REPORTS
A. PlanninQ Proiect TrackinQ Sheet (revised 6-16-03)
BUSINESS FROM THE COMMISSION
ADJOURNMENT
Commissioner Lonerqan moved to adjourn the meeting and Commissioner Griqorieff seconded the motion.
Motion carried.
APPROVED
j /
, - / I ......
D 1/ ;?Y/D_)
DAlE
ATTEST (]Z~vr m~
Jim Mulder.
Community Development Director
City of'Woodburn, Oregon
7 - Ztj._()};
Date
Planning Commission Meeting - June 26. 2003
Page 3 of 3
12
...
8e
WOODBURN PLANNING COMMISSION
July 10, 2003
CONVENED The Planning Commission met in a regular session at 7:00 p.m. in City Hall Council
Chambers with Chairperson Lima presiding.
ROLL CALL
Chairperson
Vice Chairperson
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Lima
Young
Vancil
Grigorieff
Mill
Bandelow
Lonergan
P
P
P
A
P
P
P
Staff Present:
Jim Mulder, Community Development Director
Naomi Zwerdling, Senior Planner
Victor Rodriguez, Associate Planner
MINUTES
A. Woodburn Plannina Commission Minutes of June 26, 2003.
Minutes will be available at the July 24, 2003 Planning Commission Meeting.
BUSINESS FROM THE AUDIENCE
None
COMMUNICATIONS
A. Woodburn City Council Minutes of June 9, 2003.
PUBLIC HEARING
A. Variance 03-20. Conditional Use 03-01 and Desian Review 03-02. request to expand existina
13.225 SQ. ft. main fire station with a 6,197 SQ. ft. addition and build a new 4,800 SQ. ft. storaae
buildina located at 1776 Newbera Hwv., Woodburn Rural Fire Protection District. applicant.
Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report. Based
on the information in the report, the information provided by the applicant and the applicable review criteria.
Staff recommended approval of the applications subject to the conditions of approval.
Chairperson Lima requested clarification regarding the reasoning for the tiered wall. Additionally, he referred
to the grading plan and pointed out the handicapped parking lot are located on two different sides. He
remarked it would make more sense to have the handicapped parking spaces all on the same side.
Staff was unaware of the reasoning behind the tiered wall and indicated he assumed it was a design feature.
However, he stated perhaps the applicant may better answer that question. Staff also stated the location for
the handicapped parking spaces are a building code issue. Additionally, it was reported this will be addressed
as part of the review of the construction plans. However, normally ADA requirements do require to place the
handicapped parking spaces as close as you can to the accessible entrances.
TESTIMONY BY THE APPLICANT
Randv Saunders, RSS Architectures, 2225 Country Club Rd., Woodburn. OR 97071 reported he is present
tonight on behalf of the Woodburn Rural Fire Protection District. He stated the Fire District is quite
comfortable with the Staff Report and the conditions of approval. However, they do have four items they
would like the Planning Commission to consider and at least review. Copies listing the items were entered
Planning Commission Meeting - July 10, 2003
Page 1 of 8
13
... ...
into the record as Exhibit "1" and handed out to the Planning Commission by Mr. Saunders. He referred to
the Conclusions and Recommendations section of the Staff Report and reported the four items for
Commission consideration were; (1) Item #3 page 35: striking the phrase .....the landscaping shall be
installed prior to occupancy". It was reported by Mr. Saunders that the condition, as it presently reads,
presents some difficulties to the Fire District. Moreover. it is anticipated the project will start in August and
end in February or March 2004 which is not a great time to be planting landscaping; (2) delete Item #4.A
page 35: "All parking spaces delineated by double parallel lines on each side of the space" mostly because
this is an existing facility with existing conditions and an existing pattern is already in place; (3) They literally
can not comply with Item 4C page 35: "bumper guards on all new parking walkways or adjacent to
structures" due to insurance requirements and past experience with parking lot design, wheel stops, curbs
and injuries He indicated they would be glad to do it if the City wants to sign off on some sort of release of
claims; and lastly (4) clarification to Item #14 page 36 Public Works Department General Conditions.
Commissioner Mill asked Staff if some of the language found on page 35 Conclusion and Recommendation
section of the Staff Report is essentially boiler plate language?
Staff replied affirmatively. He explained the statement "occupancy" means prior to the occupancy of the
addition. Furthermore, the Development Ordinance does allow the applicant the potential of providing a
performance guarantee, i.e. bond, cash deposit, to put in the landscaping which would allow them to get
occupancy before the landscaping was done. Staff further clarified the performance guarantee would be
released to the applicant once the landscaping is in. He also commented he would not recommend changing
the condition to make the requirement for the landscaping to be put off after the occupancy because that is
much more difficult for Staff to track and enforce. Staff addressed the bumper guards issue and reported the
code requires bumper guards in situations where there are parking spaces that would either be next to a wall
or a walkway that is not wide enough to accommodate the bumper overhanging. Moreover, there is no need
for a bumper stop if there is a raised walkway and they provide for a 2 ft. overhang and still meets the ADA
requirement. In regards to the double parallel lines, Staff reported the condition requires that the new and
existing spaces be done in double parallel lines which should not be a problem at all since they are going to
stripe the parking lot anyway and certainly can restripe the existing lot. He also remarked it will not modify any
spaces because the lines offset one foot on either side of the old line instead of the line being right on the
dividing line of the space.
Chairperson Lima inquired what the logistics are for the entrances and how will the traffic flow during the
construction period?
Randv Saunders responded there are three phases of work; site improvements, building addition and lastly
remodeling. He further explained the phasing scheme is so that once the new portion is constructed the Fire
District moves into that portion and out of the remodel area; complete the remodel and move back into it. He
indicated they are going to be going back and forth a bit during the course of the total project.
Staff interjected the remodel would not need to go through this process but the fact that they are adding on
is what triggers the Design Review requirement.
Randv Saunders reported his experience with phase construction is you receive a temporary occupancy
permit for the piece that you are going to occupy in advance of something else and when you complete the
total project, which are three pieces, an occupancy permit would be issued.
Staff also commented it is not uncommon for the Building Official to give a temporary occupancy. He
indicated this has been done in lieu of getting the performance guarantee. A temporary occupancy would be
another option as it would allow us the hold on the applicant needed to make sure the conditions are complied
with. The final occupancy would then be issued once the remodel is completed and at that point the
landscaping would then need to be done. It was further stated by Staff that these two different mechanisms
will provide flexibility for landscaping.
Planning Commission Meeting - July 10. 2003
Page 2 of 8
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... ...
Randy Saunders reported the essence of the District's concern is they do not want to put landscaping in to
get an occupancy permit if that means that the landscaping they install dies in mid-winter which they are trying
to avoid.
TESTIMONY BY PROPONENTS
None
TESTIMONY BY OPPONENTS
None
DISCUSSION
Chairperson Lima closed the public hearing and opened Commission discussion.
Commissioner Lonerqan commented the Fire Department has been crowded for a very long time and felt this
to be an excellent project, which he certainly favored.
Commissioner Bandelow, Commissioner Vancil and Commissioner Mill agreed with Commissioner Lonergan.
Chairperson Lima stated he was very impressed with the plans.
Commissioner Younq requested the addition of the verbiage "adjacent to structures wffhout the 3 ft. ADA
requirement" to the condition of approval Item #4 found on page 35 regarding the bumper guards. He said
this would help clarify the locations where these would be needed.
Staff interjected bumper guards are not required by ADA and suggested the addition of the following verbiage
'bumper guards on all new parking walkways or adjacent to structures "pursuant to Woodburn Development
Ordinance (WOO) Section 3.105.02.H.3". He stated this will provide Staff with the flexibility, once they obtain
the construction plan, to look at the details to determine whether a bumper guard is needed or not.
Commissioner Mill asked Staff if bollards may be allowed instead of bumper guards on the southeast corner
of the building where there are parking spaces adjacent to the structure? He pointed out this will provide a
vertical situation which is not going to be a trip hazard for pedestrians but will still be able to stop a vehicle.
Staff responded there isn't a definition of bumper guard or wheel barrier. However, the bottom line is it needs
to meet that purpose of either protecting a walkway or building. It was indicated that Staff is flexible on what
the applicant wants to propose to accomplish that. Staff remarked he would not want to modify what the code
states, which is bumper guard or wheel barrier.
Commissioner Mill moved to approve Conditional Use 03-01, Design Review 03-02 and Variance 03-20
subject to terms and conditions as outlined with Condition of Approval found on page 35 Item 4.C "bumper
guards on all new parking walkways or adjacent to structures pursuant to Woodburn Development Ordinance
(WOO) Section 3. 105.02. H. 3" and directed Staff return with facts and findings at the next scheduled meeting.
Commissioner Bandelow seconded the motion, which unanimously carried.
B. Variance 03-12, Partition 03-02 and Desion Review 03-05. request to remodel the 5.400 SQ. ft.
existin~ buildin~. construct a 15,400 SQ. ft. two stOry buildin~ addition, build a new 48 space
parkina lot and allow a Variance to the street standards on E. Lincoln St.. Chemeketa
Community Colle~e. applicant.
EX-PARTE CONTACTS
Commissioner Vancil reported he is a part-time employee of Chemeketa Community College but believed it
would not influence his decision regarding the project.
The applicable ORS Statement was read and presentation provided by Staff as reflected in the Staff Report.
Findings can be created to approve the Design Review and Partition request however, in regards to the
Planning Commission Meeting - July 10. 2003
Page 3 of 8
15
...
Variance, Staff recommended approval of all of the items with the exception of the elimination of the sidewalk
and planter strip from the west property line to the railroad tracks.
Vice Chairperson Younq asked Staff what is the distance between the property line and the railroad tracks?
Staff indicated a whole partition plat was included in the Commission packet. She reported the applicant is
proposing to build the parking lot on the eastern created parcel and from that west line to the railroad tracks
is about over 90 ft. and about 30 ft. from the Chemeketa Community College site. Staff stated the applicant
can provide the exact numbers as their surveyor worked on that.
Commissioner Mill noted there is a much greater pedestrian problem crossing Lincoln St. and questioned if
there was any thought given to installing or painting a crosswalk or possible some type of rumble strips to alert
persons approaching?
Staff replied the Public Works Department took a look at that because it was brought up to the applicant to
provide some sort of crosswalk because it is given that people are going to cross the street there. She stated
from what she remembered it was a very close distance to where the railroad tracks were in that intersection
so they would not have a crosswalk so close to the existing intersection. Moreover, there was some criteria
there that needs to be met to have a crosswalk and is why the Public Works Department did not require that.
Staff indicated the applicant may elaborate on this because they had even more discussions regarding this
issue since it was part of their analysis.
Commissioner Vancil expressed concerns with the lighting and inquired if this was addressed?
Staff reported the applicant stated in their narrative that they are only intending to use that parking lot for
overflow daytime parking and people would park down by the Chemeketa Community College site during the
night which would be closer to the building.
Commissioner Vancil asked if the parking lot will then be closed at night because we do not know what will
happen 10 years from now?
Staff indicated that is what the applicant proposed and perhaps should refer that concern to the applicant.
Commissioner Lonerqan referred to page 8 of the Staff Report and questioned what will happen in the future
when the single family homes that are now non-conforming are gone 20 years from now? Will the College
have to put a barrier between whatever is developed there or is that up to the new occupant?
Staff responded Staff looked at that as more of a transition zone where Commercial uses would locate there
and the intent was that at some future date, hopefully, there will be some sort of interconnection between
those properties and not wanting to have a barrier there to prevent interconnected parking or interconnected
access. She pointed out the applicant currently has a chain link fence in place. Staff did not require a wall
because of the possibility of there being a commercial use in the future.
Commissioner Mill inquired what the criteria would be as far as possibly moving the crosswalk more east
rather than west to allow for traffic concerns but also reasonably close so that someone could conceivably
walk 7 ft. to use it.
Staff answered in discussion with the Public Works Department, the representative indicated they did not meet
the spacing requirement for a crosswalk from a railroad track. However, she is not aware of the exact definite
number of distance required and perhaps the applicant, as well as Staff, can look into that a little further. Staff
reported neither Staff or the Commission have control over a sidewalk and ultimately the City Council would
consider recommendation of the Public Works Department. Additionally, the Commission has the
disadvantage of not having the input of the Public Works Department nor have the facts to determine where
or whether it should be.
Planning Commission Meeting - July 10. 2003
Page 4 of 8
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... ...
Commissioner Bandelow interjected people will cross the street and there will be problems without some type
of a crosswalk. Moreover, the parking lot will still be used if it is not closed at night and there may be people
who are there during the day right on into the night, if not now, in 5 years.
Staff remarked that is something within the Commission's purview. However, we are talking about whether
the Commission is comfortable with the pedestrian circulation of this proposal. He stated although he is not
directing the Commission to do so, if this is an issue the Commission really wishes to pursue, a study may
be required from the applicant to provide an analysis of safe circulation and what would be necessary to
provide that.
Commissioner Lonerqan commented requiring one parking space per four students seemed like a very small
number and did not see where there will be a lot of students doubling up going to this site.
Staff answered they had the requirement for parking per student and the requirement for one space per 350
sq. ft. of office area that determined their parking requirement. They met the parking requirement on the
Chemeketa Community College site and therefore, the parking lot to the north is just additional parking beyond
what was required by our code. Staff reported the applicant provided all the numbers regarding the amount
of students and a breakdown on that on the site plan. It was pointed out by Staff that 359 total students are
not going to be on site all at the same time.
Commissioner Vancil pointed out 359 students is the capacity of the building at any given hour of the day.
TESTIMONY BY THE APPLICANT
JerrvVessello. Facilities Manaqer, Chemeketa Community Colleqe. 4000 Lancaster Dr. NE. Salem. OR 97309
reported he serves as liaison between Chemeketa, the City of Woodburn and other agencies on these
projects. He indicated the City shared conceptually this plan when Phase I was approved several years ago
and thanked Staff for their assistance and cooperation. Mr. Vessello noted they came with a different plan
about a month ago and did not include the parking lot across the street as that was to be a later project. The
only reason it is currently before the Commission is because the new ordinance requires the Variance
application for the building. When they returned later. it would require that same Variance for the lot across
the street and therefore. it would avoid them about $3,000 in fees and the Commission's time if they are jointly
looked at. Mr. Vessello remarked there is an introductory letter in the revised application where he has
requested the Commission consider. if approved. that it is approved whether the lot is built or not. only
because they are still in negotiations with the railroad on that purchase. He stressed they do meet the parking
requirements with the building as it sits and they simply want to provide for the assurance that should they see
a lot more traffic during the daytime, that they have the parking available. Mr. Vessello clarified they see the
parking crunch during the day because their partners are open from 8 am to 4:30 pm. In the evening. people
will try to park at the closest entrance to the building and they feel very confident that the lot that is on the
south side of Lincoln St. will be adequate. He also reported they have no issues with the City regarding the
sidewalk. However. their only concern is if they are asked to put a sidewalk on a property that they do not own
it becomes a concern in terms of negotiating with the railroad. Mr. Vessello also cautioned that a crosswalk
may be an issue they may want to look at but probably one that takes a more detailed study than would be
available tonight. In closing, he introduced Harvey Franklin.
Harvey Franklin, Director. Chemeketa Community Colleqe, Woodburn Campus, 120 E. Lincoln St.. Woodburn.
OR 97071 commented they have had great cooperation from everybody and appreciated the feedback
received from the Commission through the process and the City workers in guiding and helping them to come
out with the best quality project. He explained this project is based upon a bond levy that was passed in 1996.
Part of the feedback received in 1996 from community forums was that the residents of Woodburn wanted
them to stay downtown and in keeping with that they went through quite a long process of securing land from
the railroad and working towards the design project. Mr. Franklin informed the Commission they have seven
partners in this complex and currently have the Oregon Employment Division, Workforce Investment Act and
Green Thumb Program. In Phase II they are bringing in the rest of their partners which are a combination of
agencies: Community Human Services and Oregon Human Development Corporation, Catholic Community
Planning Commission Meeting - July 10. 2003
Page 5 of 8
17
... ...
Services and Community Action Services thus creating a one-stop shop. Mr. Franklin introduced JoAnn
Belkey, former Board Chair for Chemeketa Community College.
JoAnn Belkey, Chemeketa Community Colleqe. 4000 Lancaster Dr. NE, Salem, OR 97309 reported she
started her 9'h year as a Board Member and this project has been one of the most exciting projects that she
has been involved as a Board Member. However, it has also been very frustrating on some levels because
of the time it has taken to bring it to this point. She clarified that was not due to the City Staff but just the
whole process that had to occur Mrs. Belkey thanked all involved for all the help and support.
Lonnie Deffenbauqh, Architect, Deffenbauqh & Associates, 388 State St.. Suite 840, Salem, OR 97301 stated
the Phase 2 project provides them with the opportunity to maintain the theme and quality of what they
currently have under Phase I and illustrates the commitment that Chemeketa has to the downtown and the
connection to the Urban Renewal. Mr Deffenbaugh reviewed some of the highlights of the proposed site plan
and provided comments on the building itself. He reported the Phase I building is scheduled for completion
towards the end of next week which will allow the college to start moving into it and the site work is scheduled
to be completed July 31, 2003 and the completion of the Phase 2 building is scheduled for May 2004. Mr.
Deffenbaugh pointed out Phase 2 is primarily building construction and the exception to that is the opportunity
to do the parking lot on the north side which is separate and independent, if need be. He also reported their
theme and part of their concept with the site plan is to maintain the street on both sides of the railroad tracks.
Additionally, they are planning for ground based period type light fixtures that will tie into Woodburn's Urban
Renewal theme. Mr. Deffenbaugh referred to the updated perspective view and reported there is protection
and a boundary in terms of a wrought iron fence. Moreover, the building facades are also setup intentionally
from Phase I and carried on to Phase 2 to replicate the image of a downtown store front as you go along
parallel to Front St. They also have development of a courtyard which will contain benches, outside seating
and a large green area and is very much a connecting element to the existing downtown. He further stated
the building design, details and the configuration of all the components communicate the level of commitment
to the Downtown Woodburn and the Urban Renewal process. He mentioned the north parking lot and
reported the College has taken the initiative and are ready to make the capital investment to provide parking
that does exceed the minimum requirements of the code. Mr. Deffenbaugh closed by stating they have no
objections to the recommendations contained in the Staff Report.
Chairperson Lima requested clarification regarding the location of the fence.
Lonnie Deffenbauqh responded the fence stops at the parking lot at the edge of the walk. He recalled there
was discussion about, at some future time, a second connection that might happen between the campus and
the street south of E. Lincoln and he believed that was part of the reason they did not continue the fence all
the way through. Moreover, he said they maintained what was approved on Phase I regarding the fence and
landscaping parallel to the railroad track.
Commissioner Lima interjected it would make more sense to continue the fence all the way and provide a
certain degree of continuity and beauty.
Lonnie Deffenbauqh explained they stopped the walk because it turns to the east and comes back in towards
the campus. If they could continue the fence to some extent but do not want to continue the sidewalk to the
south, they would lose about four parking spaces because they would have to move the westerly parking
spaces east. He stated the dynamics of the fence change if it is not in conjunction with the sidewalk and the
lights.
Commissioner Bandelow asked if the westerly property line to the railroad right-at-way is property that is not
owned by the college?
Lonnie DeffenbauQh clarified they did not request any modifications to the Variance and they are just simply
responding to the Staff Report. Additionally, he clarified this issue is not a contention between the City and
Chemeketa Community College and it is just a matter of finding out who actually owns that right-of-way and
Planning Commission Meeting - July 10. 2003
Page 6 of 8
18
.... ...
whether or not they can indeed even put the sidewalks there. He reiterated if it turns out that the City owns
the right-of-way, they are not opposed to construction the sidewalk all the way to the black bumper pieces as
long as they do not violate any regulations that controls the railroad track.
Commissioner LonerQan restated his concerns regarding the amount of parking spaces even though it has
been reported that they meet the City's requirement. He questioned whether the college has enough parking
for 359 students and staff at the college?
Jerry Vessello answered with a definitive yes and explained the 4 to 1 standard is very typical of most cities
and what they have built in other locations. He explained the code is based on full occupancy of every
classroom to develop that 4 to 1 ratio. If there is an element of doubt anywhere, it is with their partners in
terms of how many clients they will bring to the building thus the reason they are looking for the daytime
expansion.
Commissioner LonerQan commented if the same guidelines were utilized for the Salem campus, parking is
currently a problem there.
Jerry Vessello interjected they have parking issues between the first two weeks of registration. He reported
they put in additional parking last year which has solved those problems. Moreover, if they did the analysis
there, they would be appreciably below the 4 to 1 ratio on the campus.
Chairperson Lima questioned if the area north of Lincoln St. is property of the college?
Jerry Vessello replied it is currently owned by of the railroad. However, they need a sales agreement from
the railroad in order to file the application. He further stated they are currently in the negotiating stage and
are very hopeful of obtaining that property but they can not guarantee this will occur. Mr. Vessello clarified
they do meet code without that lot. It is a good property acquisition for them to make as railroad property is
the least expensive property in this area to buy and they are one of the unique people that can actually do that
because of their legal status. Additionally, it is an opportunity for them to do a parking lot that they think will
be beneficial but also provides for the future of the college. He emphatically stated they meet all the code
requirements without ever considering one space in that lot and are in surplus of code requirement by 12
spaces of the minimum code requirement without developing the north parking lot.
TESTIMONY BY PROPONENTS
None
TESTIMONY BY OPPONENTS
None
DISCUSSION
Chairperson Lima closed the public hearing and opened discussion among the Commissioners.
Commissioner Bandelow remarked the building is absolutely gorgeous and she is very excited about the
impact this will have on downtown area. She stated parking is always a concern but as a Commission they
can not require the applicant go beyond what the code requires. Commissioner Bande/ow indicated we should
be pleased with the project as long as the applicant has no problems with Staff's recommendation. In closing,
she stated she favored the project.
Commissioner Mill commented the project enhances the prestige and stature of the college and certainly the
community. Although he favored the project, he expressed concerns about the north parking lot issues.
However, he went on faith that Staff will take that to heart and require something that meets both parties
concerns and the safety issues addressed.
Commissioner LonerQan concurred with his fellow Commissioners and added it is a beautiful design and
Planning Commission Meeting - July 10, 2003
Page 7 of 8
1.9
'.....
hoped the rest of the City sees it and try to mirror some of that. Nonetheless, he indicated he still had
concerns with the parking and is not convinced that there will be enough parking, not through the fault of the
college but something the City needs to address. Additionally, he conveyed concerns with getting across the
north parking lot and lighting. He closed by stating he also favored the project.
Commissioner Vancil also agreed with the Commissioners and was impressed with the overall project.
Vice Chairperson Younq appreciated the applicant's effort in making the downtown area much more
enjoyable. He also commented he felt the crosswalk on Lincoln St. is a Public Works issue.
Chairperson Lima also complimented the applicant as this project is one of the nicest he has seen. He further
remarked they have set the standard for the revitalization of downtown Woodburn.
Commissioner Bande/ow moved to approve Design Review 03-05, Variance 03-12, Partition 03-02 with an
additional condition of approval that the north parking lot be approved as Phase 3 and to be completed within
4 years and instructed Staff return With a final order. Commissioner Vancil seconded the motion. Motion
unanimously carried.
ITEMS FOR ACTION
None
DISCUSSION ITEMS
Commissioner Vancil commented parking issues have been coming up a lot and he suggested a
recommendation be made to the City Council that we revisit the parking requirements for school facilities,
particularly colleges as it seems to him the current ordinance is inadequate.
Staff stated this issue was visited a year ago however, it may be revisited if the Commission so desires.
REPORTS
None
BUSINESS FROM THE COMMISSION
Commissioner Bandelow commented Highway 214 backs up at the Settlemier intersection all the way to the
High School several times a day. Moreover, people from the office complex on Glatt Circle can not get in or
out.
Staff interjected Randy Rohman was looking into this issue and Staff might have a response at the next
Planning Commission meeting. He pointed out all highway issues are under the ODOT jurisdiction. Staff
reported the widening in conjunction with the 1-5 Interchange will now go thru the S-curve stopping just before
the Fire District. He reported there was an open house tonight on the environmental assessment for the 1-5
Interchange and provided a brief update.
Chairperson Lima complimented and thanked Staff for placing the Staff Report tables on the same page as
it makes it much easier to read.
Commissioner Vancil commented he was impressed with the Staff Reports as they were both really
complicated applications and appreciated Staff's efforts.
ADJOURNMENT
Motion was made by Commissioner Lonerqan to adjourn the meeting.
motion, which carried. Meeting adjourned at 9:30 pm.
~//~/ . /
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{' {..l{ <UjU ( '/ /' j
APPROVED .__ _,:/t
CLAUDIO LIMA, CHAIRP
Commissioner Mill seconded the
(1-12 '--I/o j
DATE
~?1~/
7- 2l./-63
Date
Development Director
burn, Oregon
Planning Commission Meeting - July 10, 2003
20
Page 8 of 8
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Irf(orpe>ralr:d 1/?$9
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July 25, 2003
FROM:
Mayor and City Council through City Administrator
D. Randall Westrick, Recreation and Parks Director~
TO:
SUBJECT:
Park Exclusion Ordinance
RECOMMEN DATION:
Adopt the attached ordinance that amends Ordinance 2060 (the Woodburn Park
Ordinance) by adding a new section creating a park exclusion process.
BACKGROUND:
The rules for the Richard Jennings Skate Park state that rules violators will be subject to
exclusion from the facility. However, to provide City staff with appropriate authority to
exclude rules violators from the Skate Park or any other park facility, necessary sections
are needed within the City's Park Ordinance.
This section of the Park Ordinance will help staff to enforce rules, regulations and laws
throughout they City's park system, not just the Skate Park.
DISCUSSION:
Attached for the City Council's consideration is an added section to the Park
Ordinance that gives Police Officers, Code Enforcement Officers and designated City
employees authority to exclude rules violators from City Parks. The Ordinance sets forth
how written notice is provided and outlines appeals and waiver processes.
Staff is currently drafting a Notice of Exclusion from City of Woodburn Parks and
Standard Operating Procedure for use by Police Officers and designated Recreation
and Parks and maintenance personnel.
The Ordinance, administrative forms and Standard Operating Procedures were
adapted from those successful used in the City of Portland
FINANCIAL IMP ACT:
None.
Agenda Item Review:
City Administrat
City Attorney
Anance _
21
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COUNCIL BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE 2060 (THE WOODBURN PARK
ORDINANCE) BY ADDING A NEW SECTION CREATING A PARK EXCLUSION
PROCESS AND DECLARING AN EMERGENCY.
WHEREAS, the City of Woodburn and its staff are responsible for the safe
and orderly operation of City parks; and
WHEREAS, in order to meet this responsibility, City staff must enforce park
rules and manage and control unacceptable behavior; and
WHEREAS, it is necessary for certain designated officials to have the ability
to eject persons from City parks whose conduct is unlawful; and
WHEREAS, it is necessary that Ordinance 2060 (the Woodburn Park
Ordinance) be amended to add a new section creating a park exclusion
process; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That Ordinance 2060 is hereby amended to add a new
section, Section 98, which shall read as follows:
Section 98. In addition to other measures provided for
violation of this Ordinance, or any of the laws of the State of
Oregon, any peace officer, as defined by ORS 133.005(3),
any City of Woodburn Code Enforcement Officer, or any
other person specifically designated by the City
Administrator, may exclude any person who violates any
provision of this Ordinance, any City Ordinance, any of the
laws of the State of Oregon, or any rule or regulation duly
made and issued by the City Recreation and Parks
Department or the City Council from any City park for a
period of not more than 30 days.
(1) Written notice shall be given to any person excluded
from any City park. Such notice shall specify the dates
and places of exclusion. It shall be signed by the
issuing party. Warning of consequences for failure to
comply shall be prominently displayed on the notice.
Page 1 - Council BII/ No.
Ordinance No.
22
. ...
(2) A person receiving such notice may appeal to the
Woodburn Municipal Court to have the written notice
rescinded or the period shortened. The appeal shall be
filed within 5 days of receipt of the exclusion notice,
unless extended by the Court for good cause shown.
(0) The appeal need not be in any particular form,
but should substantially comply with the following
requirements:
(i) Be in writing
(ii) Identify the date, time, and place of the
exclusion
(iii) Identify the name and address of the
appealing party
(iv) Identify the official who issued the
exclusion
(b) A copy of the appeal shall be seNed on the City
Administrator.
(c) The appeal hearing shall be held within ten (10)
days after the request is made. The hearing date
may be postponed by:
(i) Agreement of the parties; or
(ii) Order of the court for good cause.
(d) The court shall promptly notify:
(i) The person appealing; and
(ii) The issuing official
(e) At the appeal hearing the city and any
interested parties shall have the right to present
evidence and witnesses and to be heard. At the
hearing, the Court shall follow the hearing
procedures as contained in the Civil Infraction
Ordinance. After due consideration of pertinent
information and testimony the court shall fender
its finding. The finding of the court will be final.
Page 2 - Council Bill No.
Ordinance No.
23
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(3) At any time within the 30 days, a person receiving such
notice may apply in writing to the City Administrator for a
temporary waiver from the effects of the notice for good
reason.
Section 2. Emerqency Clause. This Ordinance being necessary for the
immediate preservation of the public peace, health, and safety, 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:L);.~ ~
City Attorney
7- 2~ ~ 200S
Date
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant City Recorder
City of Woodburn, Oregon
Page 3 - Council Bill No.
Ordinance No.
24
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July 23, 2003
TO: Mayor and City Council through City Administrator
I
FROM: D. Randall Westrick, Recreation and Parks Director r
SUBJECT: Resolution supporting request for technical assistance from the
National Park Service
RECOMMENDATION:
Approve the attached resolution supporting the City's letter of application for
technical assistance to develop the Mill Creek Greenway Master Plan.
BACKGROUND:
The 1999 Parks and Recreation Comprehensive Plan Update Policies 5 & 6 say
that the City should manage the Mill Creek corridor as public greenways and
pathways for multiple purposes including "open space and habitat
preservation, flood control, cycling and walking on all-weather pathways,
nature recreation and education, and limited playground activities." Through
these policies, the Plan further states the City should "provide for a continuous
public greenway and pathway system" and that "it is the policy of the City to
acquire privately-owned segments along Mill Creek. 11
The first step necessary to implement these policies is to develop a master plan
that guides the acquisition, development and management of the corridor. The
National Park Service's Rivers & Trails program works with communities to
plan and develop trail networks and greenway corridors. Projects range
from small-scale community planning focused on key biking, hiking, and
multiple-use trails to regional systems designed for long-distance trail
connections, wildlife conservation, habitat protection, and landscape
preservation.
DISCUSSION:
To receive assistance through the Rivers and Trails program, the National Park
Service requires an application letter that is competitively evaluated. In June,
Agenda Item Review: City Administrator
City Attorney
25
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Mayor and City Council
July 23,2003
Page 2
.
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the Recreation and Parks Department submitted a letter. Unlike other grant
applications for funding, National Park Service works with applicants to improve
submittals. This letter of application describes the project details. Attached is a
final draft that will be forward to the National Park Service should the City
Council support the project.
The Recreation and Parks Department is currently collecting letters of support
from each of the organizations listed in the letter. Letters of support provided to
date are attached to the letter.
At the Recreation and Parks Board's July meeting, the Board reviewed the initial
draft of the application letter and endorsed the project. The Recreation and
Parks Board will provide forums and meetings for public input on the project.
Staff expects that the final product will include:
. A detailed map that shows the route of an all-weather non-motorized
pathway;
. Descriptions of levels of development and recommended activities for
each segment of the Greenway (e.g. formal develop, wildlife habitat,
neighborhood recreation, flood control, etc.)
. Strategies for acquisition (e.g. outright purchase, easements, etc.)
. Funding sources;
. Phasing; and
. Cost estimates.
FINANCIAL IMPACT:
This project requires in-kind support. Below is a project of the support needed.
Recreation and Parks Director
Recreation and Parks Adm. Asst.
Public Information Officer
Other City staff (Public Works, Planning)
Materials & Services (mailing/publications)
40 hours
8 hours
6 hours
4 hours
$250
Attachments
26
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COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION SUPPORTING A LETTER OF APPLICATION FOR TECHNICAL
ASSISTANCE TO THE NATIONAL PARK SERVICE RIVERS AND TRAILS
PROGRAM.
WHEREAS, the City's Parks and Recreation Comprehensive Plan Policies 5 and 6 calls
for the City to acquire and develop a continuous public greenway and pathway system within
Mill Creek Grccmvay corridor; and
WHEREAS, significant public interest exists in the Greenways for recreation, fish &
wildlife, storm water management, non-motorized transportation, education and open space; and
WHEREAS, a broad cross-section of Woodburn has expressed interest in Greenway
issues including Woodburn Schoo] District, Scout Troops, OSU Extension, Silverton Hospita],
Woodburn Downtown Association, various Greenway neighbors and Marion Soil and Water
Conservation District; and
WHEREAS, the National Park Service Rivers and Trails Assistance program provides
technical assistance to local communities to help accomplish specific recreation and conservation
projects; and
WHEREAS, the City of Woodburn desires to participate in this technical assistance
program to develop a master plan to guide the acquisition, development and operation of the Mill
Creek Greenway; and
WHEREAS, the Woodburn Recreation and Parks Department has submitted to the
National Park Service a letter seeking assistance and will provide staff support and coordinate
community outreach for the project; and
WHEREAS, the Woodburn Recreation and Parks Board has reviewed the Recreation and
Parks Department's letter seeking assistance from the National Park Service and supports the
project; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
That the Woodburn City Council supports the Recreation and Parks Department's letter
requesting technical assistance from the National Park Service.
Approved as to form~.~~ ~,.. 2. S - 2 () 0 I
N. Robert Shields, City Attorney Date
Page 1 - COUNCIL BILL NO.
RESOLUTION NO.
27
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Passed by the COllllciI
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the City Recorder
ATTEST:
Mary Tennant, City Recorder
City of Woodburn, Oregon
Approved:
Kathryn Figley, Mayor
Page 2 - COUNCIL BILL NO.
RESOLUTION NO.
28
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WOODBURN
ORE G 0 N
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Natlol1al 1\11"1-; Sn\"lCC
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Sea ttIe, \\';\ ,)K 1 (q
Dear Mr. Lll1dc:
SUBJECT: REVISED NPS RIVERS & TRAILS APPLICATION LEITER - MILL CREEK
GREENWAY MASTER PLAN
\Vith this letter, the City of \Voodburn requests assistance from the National Park Service Rivers,
Trails and Conservation assistance program, Information describing the project is provided below.
1. Project Title and Description
The Mill Creek Greenway Master Plan project seeks to develop a comprehensive guide to the
development, use and management of \X/oodburn, Oregon's six-mile long greenway corridor.
The \X/oodburn Recreation and Parks Department will be responsible for implementing this
project in concert with other City Departments, private property owners, interested public
agencies and special interest groups.
The Mill Creek Greenway Master Plan seeks to develop a comprehensive master plan for a six-
mile corridor that connects City parks, schools, neighborhoods and a downtown business
district. The plan should consider all the pressures on the watershed including:
o Recreation;
o Storm water management;
o Non-motorized transportation;
o Fish & wildlife;
o Outdoor education;
o Private property concerns;
o Scientific exploration;
o Utility rights-of-way; and
o Water quality.
This project is a priority. The City's 1999 Parks and Recreation Comprehensive Plan Update
states in Policy 5 that it is the City's policy to manage the Mill Creek corridor as public greenways
and pathways. Policy 6 states that the City's policy is to provide a continuous public grecnway
and pathway system and to acquire privately-owned segments and seek dedications of floodways
and creek corridors for natural areas, neighborhood recreation areas, open space and
transportation. This project should provide the City with a specific and strategic plan to fulfill
Policies 5 & 6 of the 1999 Parks and Recreation Comprehensive Plan Update.
Located in the North Willamette Valley 17 miles north of Salem and 30 miles south of Portland,
Woodburn is a growing City of 21,000 people. The City's heritage is diverse. Woodburn is the
R.ecnatlOD aDd Parka Departmeat
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R~vis~d NPS Riv~rs & Trails Application U:tt~r - Mill Creek Greenway Master Plan
-2.
largest City in Oregon with a Hispanic majority (51 %), Approximately 11 percent of
\X/oodburn's population is Old-believer Russian, Because Woodburn's neighborhoods arc
ethnically mixcd and because the Mill Creek Greenway courses throughout much of the City, the
project \\fill servc about half of \Voodburn's residents. Thc ~1ill Creek Greenway is no marc
than fivc blocks from about half of \\oodburn's residences.
The Cay has takcn spcClfic mcasures not on1\' to COlTImUl1lcatc with our Spanish speak1l1g
commul1lty, but also 10 reach out and 111\<(JI\'c Spanish-speaking resIdents in policy-making
processes. I,ast year, the City hired javlCr Perfecto as Public Information Officer. javier's duties
include translat1ni', puhlic el, "..-umen!, and 1I1fornHUon materials and maintaining lines of
con1munlC:l!H>n \\'lIhlll I hsp,lnlc (OI11I11Ullllles ja\'ICr has also developed rclatJonshlps with
SpanIsh language l11Cllta that the elt) USl'" t() lhssC111111atc lIlformatlon and promote programs.
HIS efforts to help the RecreatIon and Parks Department have been very cffective. Javier
routinel)' translates fliers and other I )cpanment promotional materials. He was instrumental In
developing a conncctJon with the I lJspanic community as a part of the Recreation and Parks
Board's recent community park master plan process.
The City has had sporadic success in implementing the Park and Recreation Comprehensive Plan
Update's Policy 5 and Policy 6. Currently the City owns about one linear mile within five
undeveloped parks and other propertles, Minimal development has taken place on these sites.
These sites contain no formally developed trails. Most of the properties were acquired as part
of park acquisition negotiation or were dedicated by developers. This summer and fall, three
significant projects \\fill begin.
o On July 1, 2003, a wetland enhancement project will begin. This project will enhance
wetlands in Hermanson Park III. 1\ local developer will construct the project to
mitigate wetlands sigi1ificantly dIsturbed during the construction of a residential
subdivision.
o The City is completing negotiations with a property owner for a parcel neighboring
Legion Park. This property includes about 1;4 mile of frontage on the Mill Creek
Greenway, thereby doubling the Greenway length bordering Legion Park.
o The City has qualified for a Wildlife Habitat Incentive Program (WHIP) grant totaling
$50,000. Working with the Natural Resources Conservation Service and the Marion Soil
and Water Conservation District, the Woodburn Recreation and Parks Department will
utilize a part of this grant to develop a site plan for the improvement of Hermanson
Pond. Grant monies are also available for the construction of habitat improvements.
\Vhile the Park and Recreation Comprehensive Plan Update lists Greenway development as a
priority, more progress toward implementing Policies 5 & 6 has not been accomplished for a
variety of reasons. First, park development planning and development efforts and budgetary
resources have been devoted to other priority projects. This includes construction of a 25-acre
sports park and a skate park. Second, the City has been reluctant to start projects, apply for
funding and commit budgetary resources to the Greenway without a good master plan. The
Hermanson Park III project was approved because it included a complete plan and was
completely funded. The City would have lost the opportunity had action not been taken in 2001
to approve the project. The WHIP provides funding for habitat improvement and specific site
planning. Again, these projects were pursued to take advantage of opportunities that would
otherwise be lost if action were not taken.
30
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R~vis~d NPS Rivers & Trails Application utt~r - Mill Cr~~k Gr~~nway Mast~r Plan
-3-
2. Resource Importance
The Mill Creek Greenway is seen as a valuable resource throughout \\loodburn. Many neighbors
who hve along the green way appreClate the \.vlldLife, open space and scemc views. The greenway
is Important 111 manah'lng storm waIn within the City. The City's Parks and Recreauon
Comprehensive Plan Update notes that some properties could serve as neighborhood parks In
areas that do not have neIghborhood parks nearby J J)Cal school classes have used the greenway
as a Jaborator)' to study bJO]ogr, cco)ogl' and water gual!ty.
ReCl'ntlr, J\fdl Creek Ins bn'tJnle the 'ite of Intense sClenlIflc 1I1lnes!. SClentlfl( tlIgs 111 Legi()l1
Park and along Tvftll Creek':; Inbutanc, h,l\"(' unearthed lee .\gc' hlson, sloths, hear, beetles,
numm()th, deer, elk and ()thcr anlll1,ds These (l1gs have \!nU1HTCd C\'Idenu.' ()f 11lImal1
habltauol11l1 the area nearly 12,()()() \TarS ago. ThiS eVidence 111cludes human hair and crude
tools. 1\ sCIel1tIfic proJlTt spons()red hy the Il1st1(ute for f\rchaeolob'lcal Studles found a newly
identified Ice Age bird speC1(~s, TeratOTnlS Woodburnensis, This Teratorn was an ancient bird
of prey with a wingspan totaling more than 14 feet.
Anticipated Results
The City seeks to develop a master plan that prioritizes and balances the interests of each of the
activities listed in item 1. The plan should provide a framework to acquire, develop and operate
the greenway as a system. This framework should provide a basis to justify funding from local
sources and outside grants to acquire and develop the property.
The process of developing the plan is important. Many of the properties currently in City
ownership and properties that could be in City ownership bound private residential property. It
is important that the plan promote the values of stewarding this natural resource, recreation,
urban wildlife, wise management of storm water, physical fitness and non-motorized
transportation, The planning pro~ess should build a sense of community ownership that
stimulates public involvement in each phase of project development, Local scouting groups
have expressed interest in helping to develop trails, structures and interpretive and access
facilities within the Mill Creek Greenway.
Support for the Project
The project enjoys considerable local public support. Below is a matrix that identifies local, state
and federal governmental and nonprofit organizations and how they are interested in the project.
31
'"",
R~vis~d NPS Riv~rs t>C Trails AppliC2tion Lctt~r - Mill Creek Greenway Mast~r Plan
-4-
Woodburn City CounCIl The City Council has placed a priority on developing the greenway
corridor for multiple use, including recreation, non-motorized
tran,portatlon and ,torm water management. The Cay Council I,
expected to pa,;,; a rc,olutlon in ,upport of the J\pphcatHJn for
--- ------. ;\,;,;j:;tancc In late lull' or early J\ugIJ,t
\Voodhufll I\CUc':1tH'1I ;llId l':1lk:; 1\. >:lrd \X!I{I'B j:; appointed by the Clly Council to advi,e the Recreation and
I'arb IJl'pt .lIltl Cl ILlIKll on fL"Cfcatl011, park J.nd open SpJCC 111att('l~
The Il,uld r,; rcady to convcne mlTtlng' Jnd Iwld meetlllg:;:I:; a part (d
~ --------- - --- -- Ihl' :'\ltll Crcl'k (;recnway plannIng plllee,;,;
\\'(HHlhlllll l{l'~ I( ,Ifli 111.llllJ Il.lll-.; \\'I(Jll) 1S tlh' 1l1allag11lg agellcy [lIat \\.'lllllllpJt.nwnl rill' plall TI](
I )L'P;l! 1111'.111 I JI'jl.llllllt'llt will CI)()[dllUtt' .111 {fHllllllJlIIt\ (nJfrl'Jch, ITlcllld1l1g llLllllll,~~:-',
]H('S-'" rL'!t..'as\';, :ll1d public pIl"~('nLltH Hl:> '1 Ill' lllgh \\'I{ I'[), fUIllJIIIg "
:1\";ItI:1hll' Ihrough the Clly',; I';lfb alld RccreatlOn Sy,tell" Ikvcloplllent
.-- -- ------- ( ~h:1rge'
\Voodburn I'uhhc \\'lllk, Department \\-1'[) ha, all Intere,t In manal,'lng the ,torm water that Mill Creek
carnes. They also Implement the City's Transportation Plan that
Identrfles the greenway as a non-motorized corridor. WPD will have
staff available to help integrate transportation and storm water
management into the Master Plan.
Woodburn School Dl:;trict WSD classes use the greenway as a laboratory and are interested III the
plannlng and development of the resource.
Boys Scouts of America Local Scout troops are interested in participating in the planning and
development of the greenway. Several Eagle Scout candidates have
expressed interest in construction projects in the greenway
Greenway neighhor, Most residential neighbors within the corridor are interested in its
future. \X/hen WRPB reviewed plan,; for the Hermanson III
enhancement project, they worked with about a dozen neighbors to
balanc" Illterests and develop a workable plan.
Marion Soil and Watn Con,;"rvatron I\lSWCD ha, provided technical assistance to improve habItat along the
District Creek. They will assist the City with obtaming funding through the
NRCS and Oregon Watershed Enhancement Board.
Natural Resource Conservatron ServICe Approved a $50,000 WHIP grant for the Mill Creek corridor. $1,000
was spent vegetating a slope within the greenwav in Legion Park.
Oregon Department of Fish & Wildlife ODrw is interested in establishing a warm water fishery in Hermanson
Pond if habitat conditions are aooroved.
Woodburn Downtown Association The greenway is only a few steps from Woodburn's downtown business
di,trict. The WDA has expressed an interest in participating in plans to
improve the resource.
Oregon Park, and Recreation Dept. OPRD's trails Division can provide technical assistance and trail
funding. Funding through OPRD is also available through the Land &
\X"lter Conservation Fund and Local Government Grant Program
Citie:; of I r ubbard & Aurora These eltle, are downstream from Woodburn on or near the Mill Creek
corndor. They have expressed interest in a reLtional connecting trail.
Silver!on 11,,,;p1lal Silvnton I Io,pital is a partner with WRPD on several projects. The
Ilospital donated money toward construction of the City's Skate Park
and i, a co-sponsor for the City's annual family fun run. They an:
willing to help the City promote physical fitness by walking and
bicycling in the 2reenway trail system,
Enclosed are letters supporting this request for assistance. Also enclosed is a City Council
resolution supporting the project.
32
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Revised NPS Rivers & Tnils Application Letter. Mill Creek Greenway Master Plan
-5-
3. Rivers, Trails and Conservation Assistance Program Role
\'V'oodhurn's MIll Creek Greenway corridor is a magnificent untapped local resource. l\S outlined
wlth1I1 thIS letter of appLtcatlon, it can serve many different interests in many different ways.
The City seeks RTC1\ assistance to help develop a plan that balances these interests and gUIdes
the fundIng, speCIfic site planning, development, management and public use of this resource.
Thank you (or YfJur 1l1terest III (hIS pro)ect. The wise development and use of the l\'1ill Creek
Greenw;l\' IS impfJrt;wt 10 our future This resource can make \'Voodburn more attractive, prOVIde a
place f(n n'u,'allOl1 \\TIT we can becomc more healthy 11l mind and body and the greenway can be a
place where we learn to apprecl.ltc the natural world around us. If I can offer any more l11ffJrmatltJl1
on \X!oudburn fJr tillS proJect, please do not hesitate to call or write to my e-mad address at
randy. wes I r!ck((l;n. W()( ldburn.< lLllS.
Sincerely,
///t~v.j;J
D Randall Westrick
Recreation and Parks Director
Encl.
33
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Medical Specialish
S'llre 4
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Nutritilm.d Counseling
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Community Health Education
& Outreach
SUIll' 'i
(50)) 902.4571
July 17, 2003
Randy Westrick, Director
Woodburn Recreation & Park Department
270 Montgomery Street
Woodburn, Oregon 97071
RE Mill Creek Greenway Master Plan
It is our pleasure to offer support for this extremely worthwhile project which
will enhance the health of the community,
Tukwila Center For Health & Medicine, as a part of Silverton Hospital, is
proud to be a long-standing-partner of the City of Woodburn in co-sponsoring
the Annual Walt's Run and providing financial assistance to such projects as
the Gazebo in Settlemier Park and the newly-opened Skate Parle Our many
collaborative projects with the City and Woodburn Together to promote the
livability of the community jn support of children and families certainly help
make Woodburn, "The City of Unity", a community that truly values its
diversity and provides activities for all.
Our Center provides many programs for the enhancement of the health of
our various populations. Many of our outreach education topics, such as
Diabetes, Cancer and Stress Management constantly preach the edict of
nutrition and exercise as a way of combating or preventing disease. The
clients of Tukwila Clinical Weight Management and the Tukwila Fitness
Center would benefit greatly from additional trails and walking spaces.
Currently there are few places in Woodburn to be able to walk that are not
sidewalks bordering busy streets. Most of the clients that we see in our
programs are either seniors or people for whom walking is the best exercise
either because of limitations caused by obesity or health restrictions.
Providing a greenway would enable these community members to get the
exercise they need in a very pleasant local setting. Overweight and obesity
are problems of mounting importance and we fully support any and all efforts
to make our community Mexercise friendly".
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34
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We will also promote in the planning, construction and operation of the
system through our community publications and visible visibility of our
support in the meetings held here at our Center and would be willing to
participate in any public forums or committees associated with the project.
This is really a good idea to promote the health and well-being of
Woodburn's families and significant senior population and we will anxiously
await its availability for referral of our clients
Sincerely,
('~ ~~
Cathy Heisen, RN, MBA
Manager, Community Health Education & Outreach
~~r.
Director, Women's Health &
Clinical Weight Management Program
35
OSU EXTENSION SERVICE
Marion County
OREGON
STATE
UNIVERSITY
Mailing address:
PO Box 7595
Salem, Oregon 97303-0161
Site Address:
Marion County Fair
Bldg KK
Oregon State Fairgrounds
2330 17'" St NE
Salem, Oregon
97301
Tel: (503) 503-687-7897
Fax: (503) 1588-1659
EmIl:
dM~IIaOI..Iat8.edu
July 18, 2003
Randy Westrick
Recreation and Parks Director
City of Woodburn
270 Montgomery Street
Woodburn, Oregon 97071
Dear Randy:
This letter is In support of your request for technical assistance from the National Park Service
to develop a Mill Creek Greenway Master Plan through the national park Service Rivers &
Trails Program
This effort directly ties to my work with Sustainable Communities to build capacity, improve
livability and quality of life in Marion County rural communities. Specifically, I see us linking in a
number of ways on other projects that I either manage or to which I am connected:
1) Cascade Scenic Rai/way, Inc. passenger excursion service, when operational, will
bring visitors without vehicles to downtown who are willing to explore community trails
and other economic activities in Woodburn. There are also several economic
development projects and educational components that link with Chemeketa
Community College Woodburn Campus.
2) Restoration Wednesdays Youth Watershed Education and Work Program - High
school students hands-on work and learning about natural resource enhancement and
management and its role in creating a sustainable community in harmony with its
environment.
3) Title III After-school watershed Education activities could also include a laboratory
opportunity for the Watersheds, Wildlife and What-Not after-school science class, but a
special program for Woodburn students can be created (and supported through this
grant for transportation and other educational costs) so that youth can be involved from
planning to implementation to maintenance of the greenway.
4) The Silver Falls Tour Route, of which Woodburn is the anchor community, will be
working to upgrade their national status as a scenic route. It is also tied to T-21 funding
for potential enhancement projects with communities along the route.
5) Ongoing work with the Pudding River Watershed Council and its efforts to complete its
assessment of the watershed can help bring other local partners to the table.
Additionally. Randy, I would be willing to serve on an over site planning committee as well as
assist in facilitation and outreach to broaden the partnership with other regional entities, and
can contribute up to 3 hours per month of my time to the project.
Please let me know if I can be of further assistance at this time.
Best regards,
'oA2h~~.
Dan Hoynacki
AgrteUture, 4-H Youth, FamIy & 00cnr1ullty ~ Foreatry and ExtenaIon Sea Grant Programe. Oregon
State UnIYtralty, UnIWd eta_ Department of Agrtdurt, and Oregon 00W1ClII cooperating. The ExtInIlon 8eMoe
offM .. pn:IQI'ImI and matertIII equdy to II .....
36
Plan Protects Neglected Resources
Concerned that Pony Creek had become a forgotten resource, the
community leaders of North Bend crafted a green way plan to increase
public awareness and stewardship for the Pony Creek watershed.
From Wetlands to Wastelands
Hisroric.lIy, communities across America thought of wedancls
as w01Scdands. The community ofNonh Bend, Oregon, was no
exception and. during the 1960's and early '70's, drained and
filled wetland and tideland are.. along Pony Creek to construct
the Pony Village Mall, North Bend High School and North
Bend Jun]or High School. Over time Pony Creek was chan-
neled inco J. narrow stream corridor and forgonen. Then, in
the late 1990's. a group of concerned citizens started talking
about the: idea of developing a greenway along Pony Creek to
rekindle Lommunity awareness and ownership of this forgot-
ten resource, restore: and manage: wetland areas for their
natural values, and provide public access for recreation, educa-
tlon, and pedestrian movement.
PrOject Urlgins
The idea for a green way along Pony Creek originated with
several members of the North Bend School Board who wanted
ro develop an educational science ccnter on school properry
adjoimng Pony Creek. After several meetings. they expanded
tne idea to include parmering with the ciry of Nonh Bend (0
develop a continuous. non.motorizcd pathway along Pony
Creek rhroughou, [he ciry limits to [he Pony Slough estuary.
The school districr could then build and integrare an educa-
tional science cemer with the proposed pathway.
J]m I'ex, of the North Bend School Board, organized the
partnership and submine:d an application for technical
assistance to the: Rivers. Trails and Conservation Assistance
(RTCA) program of the National Park Service. The application
was approved and planning began in February, 1998. with the
formation of a core 'Planning Team' and a larger 'Advisory
Committee'
Th,..' PrelJecl Crlttllyzcs
The city representative on the Planning Team was the Parks
and Recreation Director, Kelli Watson, who quickly emerged
as the catalyst that made the project a success. Kelli expanded
the concept even further to include extending the pathway
from Pony Slough Estuary all the way to the northernmosr ciry
limlrs where it could connecr to Highway 101 and the world
renowned Oregon Coast Bike Route. During the course of
the project Kelli coordinated meeting logistics, GIS mapping,
public relations and successfully applied for a TEA-21 grant
from the Oregon Departmenr ofTunsporu.rion in the
amount of $574,750
For More Infor:llntiol1
Contact Bryan Bowden of the National Park ServIce's Rivers
& Trails program at (206) 220-4122 Ot
bryan_bowden@nps.gov
green way (n) - a corridor, often along a stream, that is planned, developed and managed
to integrate various conservation, environmental education, recreation, and transportation
components tailored to a local communities' goals.
Keys to Success
Most of tile prvJect is on
public lands owned by the
City of North Bend and the
North Bend School District.
.
Strong __lippe-it and contribu-
',ons from ""II] '1latson, ParkS
cHId Re(~!'~'lti(J: I DIrector, who
wrote a successful $575.000
TEA-21 grant application.
t
PcrsonCJ! C;',)l~'.uct and open
I:ncs Of Cvrtll':':I:nicatILln with
adjacent landowners.
Closure of another popular
l"ail in North Bend created
public :J"mand to build the
Pony Creek pathway.
to-
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Successful Community Involvement
. . on school
district property
adjacent to Pony
Creek.
"The National Park Service
was instrumental in bringing
together the community
partners necessary to make
the Pony Creek Trail project
a success. Their knowledge
and assistance in getting
the community 'up-to-speed'
.'n'iL ","":;,i: ,J,':
".' and involved with the project
\ "J.'<'~ that would
Includ. the education was invaluable."
sCienett C(Jnter. Kelli Watson
Project propon.nts
submit .n .pplicatlon
for t8ChnicBl
assistsnu to the
Rivers & Tl1Iils
ptDgl1lfTO of the
NaOonIll P.rk
Service.
<0
Ol
Ol
'""
"-
Ol
Ol
'""
"
I'l,"[;'" The addition
of the City Parks and
Recreation Director
catalyzes and propels
the project kxward.
Concept expands
even further to
connect pathway wtth
1M Otegon Ccast
Bike Route.
AJlBdj8csnt . ",:;! : ",If, Ie;
landowners w;thin IhB , and
study area are pub/ally released.
parsonally contacted
with /nbrmatJon about '"
the planning project. i)
City receives a TEA-
21 anhancelTJBf1t cr
grant In the amount of ~ ' " .; . ,
$574.750. I ';'..: ,I."'!
I
I
I
.)
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i
2002: Pathway
construction
completed.
..
t
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a
a
C\J
What the Future Holds
for the Pony Creel(, .'
Greenway , .
co
C')
The City Public Works Depart-
ment is coordinating implemen-
tation of the TEA-21 grant with
the Oregon Department of
Transportation. Design, engi-
neering and permitting will occur
first with pathway construction
expected to occur during either
the 2001 or 2002 construction
seasons.
.,~Ip From the National Park Sent.ice .__._----.J
_.' Meeting facilitation. Vision and goal serring, Coalition building. Writing a concept plan. In these ways over the
course of nearly cwo years. the National Park Service contributed to North Bend's dream of building a greenway along
a once-forgotten creekside resource. This is one example of how the National Park Service's Rivers, Trails, and
Conservation Assistance (RTCA) program works -- it provides shoft-term staff assistance to IOC.il1 groups [0 hc:lp them
solve the problems they face when protecting their community's important resources. If you think the: National Park
Service could help your group. contact Michael Linde, Program Leader, Rivers & Trails, 909 First Avenue, Seatde,
WA 98104 or (206) 220-4113 or visit www.ncrc.nps.gov/rrca.
()
~.;~....
m:: __
WOODBURN
IOC
~d~
.
i '1 : l' r II I' r (I t (.1 ,~~ ~
.
July 24, 2003
TO: Mayor and City Council through City Administrator P-
FROM: /:t1 Paul Becker, Civil Engineering Tech III, through the Public Works
~Director
SUBJECT: Contract Award For West Lincoln Street Improvement
RECOMMENDA nON:
Award the construction contract to the lowest responsible bidder, Parker
Northwest Paving Company for Improvement of West Lincoln Street between
Cascade and Leasure Street in the amount of $135,680.54.
BACKGROUND:
The contract is in conjunction with Project No. 2002-038-21, Bid No. 23-18 for the
unimproved portion of West Lincoln Street between Cascade Drive and Leasure
Street. The project consists of construction of approximately 1100 lineal feet of
34-foot wide street, with curb and sidewalk on both sides.
Staff received a total of six qualified bidders as listed below
1.
2.
3.
4.
5.
6.
Parker Northwest Paving
Portland Excavating
D & D Paving
Valley Pacific Construction
Salem Road & Driveway
Kerr Contractors
$135,680.54
$1 59,903.70
$159.954.70
$163,191.20
$193,227.40
$193,721.00
Engineers Estimate $178,230
The low bidder is 24% below the engineers estimate.
DISCUSSION:
The Council at its July 14, 2003 meeting, adopted Ordinance No. 2341, ordering
improvements to the unimproved portion of West Lincoln Street between
Agenda Item Review: City Administrator~ City Attomey ~ Finance_
39
Mayor and City Council
July 24, 2003
Page 2
.
.
Cascade Drive and Leasure Street, adopting the Local Improvement District
(LID), Directing for the Contract Award and Providing for payment of costs
through assessment of properties in the Local Improvement District.
The above construction contract amount does not include engineering,
administration, contingency or permits costs as identified in the estimated
project cost within the Ordinance.
The contract award is in conformance with public contracting laws of the State
of Oregon as outlined in ORS Chapter 279 and the laws, regulations of the City
of Woodburn, therefore staff is recommended the contract be awarded.
FINANCIAL IMP ACT:
There is $40,000 included in the 2003-2004 budget for a city contribution on this
project.
Attachments: Outline of LID process and current status
40
',", ...
PROCESS FOR
LOCAL IMPROVEMENT DISTRICT (LID)
1. PROJECT INITIATION: 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 oflntent 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
8. ADOPTION OF THE ASSESSEMENT ORDINANCE: Funding defined.
9. COMPLETION OF FINAL ENGINEERING: Final engineering plans,
specifications and contract documents are completed.
WE ARE
HERE __ 10.
ADVERTISEMENT FOR BIDS AND BID A WARD: 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 until assessment
ordinance has been adopted)
II. CONSTRUCTION ACTIVITIES: Construction takes place under the
supervision of the City Engineer. (Note: 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 lines.
Revised 5/16/03
41
... ...
~
WOODBURN
ftf(o'pc'a/~" 1~R9
~~OD
.
.
July 18, 2003
FROM:
Mayor and City Council through City Administrator
Scott D. Russell, Chief of POIiCc;~
Liquor License Application - New Outlet
TO:
SUBJECT:
RECOMMENDATION:
The Woodburn City Council approve a Limited On-Premise Sales liquor license
for La Palapa Restaurant 450 N. First St., Woodburn, OR
BACKGROUND:
Applicant: La Palapa Restaurant
450 N. First St.
Woodburn, OR. 97071
Involved: Don Pepe's Restaurant
450 N. First St.
Woodburn, OR. 97071
Owners: Jose Joel Vargas Garcia, Owner/Manager
Edelmira Barajas Cuevas, Owner/Manager
License Type: Limited On Premise Sales - Allows for the sale of Wine, Malt
Beverage, and Cider for consumption on premises
On July 3, 2003, the Woodburn Police Department received an application for a
liquor license from applicant La Palapa Restaurant. The application is for a
Limited on Premise Sales license for La Palapa Restaurant located at 450 N. First
St., Woodburn.
This is the former location of Don Pepe's Restaurant that previously held the
same class of license. However, this Is not a change of ownership but a new
outlet as the new owners did not purchase the business Itself.
Agenda Item Review: City Admlnlstrato~ City Attomey ~ Finance -
42
,'"' ..
Mayor and City Council
July 18, 2003
Page 2
.
.
The Police Department has not responded to any calls for service at La Palapa
Restaurant at this time. In the last twelve months the police department
responded to 8 calls for service at Don Pepe's Restaurant. There were no
reported liquor violations.
The restaurant will operate 7 days per week, between the hours of 10:00 AM and
10:00 PM Monday thru Thursday, and 10:00 AM to 12:00 AM Friday thru Sunday.
The entertainment will be recorded music, karaoke, and video lottery games.
The police department has received no communication from the public or
surrounding businesses in support of or against the change of ownership.
DISCUSSION:
The police department has completed a limited background investigation on
the applicant business and found nothing of a questionable nature. An in-
depth investigation was completed on owner/managers and no offenses that
would preclude a license being issued or items of a questionable nature were
located. Due to concerns over maintaining the safety and viability of the
downtown business district the owners have entered into a compliance plan
with the Police Department that further restricts their sale of alcohol at the
licensed premise. A copy of the compliance plan is attached to this staff report.
FINANCIAL IMPACT:
None
43
'.... ..
Community Policing Compliance Plan
la Palapa's
450 N. First Street
Woodburn, Or. 97071
Woodburn Police Department
270 Montgomery Street
Woodbum, Or. 97071
Recognizing that the City of Woodburn and local business owners are striving to
make the Downtown area a safe and viable business district, Jose Vargas-
Garcia, owner of la Palapa's , and the Woodburn Police Department have
worked together to develop a plan to prevent criminal activity from occurring at
the licensed establishment.
1. Owner or manager will make all employees aware of the community policing
plan.
2. Require all employees to attend and successfully complete an alcoholic
servers class approved by the OlCC prior to serving any alcoholic
beverage.
3. No alcoholic beverages will be sold before 10:00 a.., nor after 10:00 p.m.
4. Alcoholic beverages will be served only with meals ordered, and the
alcoholic beverages will consumed on the premises.
5. No dancing will be allowed in the establishment.
6. Live music will be limited to stereo systems, Karaoke, and non-amplified
bands.
7. The owner or designated management person approved by OLCC, will be
at the licensed premises at all times.
8. For special functions ( private parties) management shall provide
notification of such an event to the Chief of Police seven days in advance
of the event.
9. Owner or employees will bar any patron(s) who is reasonably suspected
of, or observed engaged in illegal drug or criminal activity.
10. Owner employees will notify the police of any patron(s) who is reasonably
suspected of, or observed engaged in, illegal drug activity, criminal
activity, or who causes or initiates fights, creates disturbances, or
trespasses upon the premises. If an arrest is made, the owner or
employee will sign a citizens' arrest fonn when applicable.
44
.. ...
~
11. Employees who knowingly violate store policies, OLCC laws and
administrative rules, or state statutes, in the course of business, will be
terminated.
(")7 {lfO!,
Date
~),'J1J 7-/7-0:)
Scott R. Russell Date
Chief of Police
45
... ..
~~
~
WOODBURN
rlf(O,pordfrJ ftl~9
~ ~10E
.
.
July 22, 2003
TO: Mayor and City Council through City Administrator
FROM: Scott Russell, Chief of POlice'~
SUBJECT: Grant Award - Juvenile Accountability Incentive Block Grant
Program
RECOMMENDATION:
The city council approve receipt and allocation of the Juvenile Accountability
Incentive Block Grant funds for Woodburn Peer Court, and renew the ORS 190
Peer Court agreement with Marion County.
BACKGROUND:
In June 2001. the city council approved receipt and allocation of Juvenile
Accountability Block Grant (JAIBG) funds for Woodburn Peer Court. The grant
program is administered by the Office of Juvenile Justice and Delinquency
Prevention and is designed to promote greater accountability among juveniles
who are involved in the juvenile justice system.
DISCUSSION:
Once again this year the City of Woodburn has been awarded a Juvenile
Accountability Incentive Block Grant (JAIBG) in the amount of $6,074. The grant
requires a $675 local match, which will come from the police department's
public education budget.
The Youth Peer Court allows for the implementation of a cohesive, community-
based program of prevention and intervention for first time youth offenders. The
program is currently training youth to act as peer court members and plans to
have their first court soon. The grant funds received from JAIBG will be used as
partial funding for Woodburn's Peer Court.
The pollee department will pass the grant funds off to the Marlon County
Sheriff's Office who has agreed to act as fiscal agent and supervisor for the Peer
Agenda Item Review: City Admlnlstrato
City Attorney ~ ..{.,,)
46
Mayor and City Council
July 22, 2003
Page 2
.
.
Court Program. The Marion County Sheriffs Office employs the Peer Court
Program Manager, Bob Benck, formerly of Woodburn Fire District. The Peer
Court Program Manager will administer the program under the Sheriff's Office
direction and oversight.
The intergovernmental agreement allows for the transfer of grant funds to
Marion County. Such intergovernmental agreements are authorized under
Oregon Revised Statute Chapter 190.
FINANCIAL IMPACT:
The grant requires a $675 local match, which is included in the approved
Woodburn Police Department FY 2003-2004 public education budget.
47
'... ..
regon
Department of State Police
Criminal Justice Services Division
400 Public Service Building
Salem, OR 97310
(503) 378-3720
FAX (503) 378-6993
Vim (503) 585-1452
Theodore R. Kulongoski, Governor
July 17, 2003
Chief Scott D. Russell
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
~r;RTX1ED
.Ill' r003
BY~
Dear Chief Russell:
Congratulations on your 2002 Juvenile Accountability Incentive Block Grant (JAIBG)
award. Enclosed please find two copies of the Grant Award Conditions and
Certifications (agreement). Review the award document and budget and notify me if any
revisions are necessary. If there are no changes, please have both contracts signed and
return both copies to my attention no later than Friday August 8. 2003. Once the
Director signs both contracts, one original will be returned to you for your files.
Please remember that grant funds must be used to supplement, not supplant existing
program funds. Neither grant nor match funds may replace funds that would otherwise
be available for any of the JAIBG Authorized Purpose Areas.
If you have any questions please call me at (503) 378-3725 ext. 4122.
Sincerely,
-i~t~s~nator
Criminal Justice Services Division
@
48
... ..
OREGON DEP ARTIvlliNT OF STAlE POLICE
CRIMINAL]USTICE SERVICES DIVISION
JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT
GRANT A WARD CONDITIONS AND CERTIFICATIONS
PROGRAM NAME:
Woodburn/Marion County Youth GRANT NO:
Peer Court
# 02-641
GRANTEE: City of Woodburn
ADDRESS: 270 Montgomery Street
Woodburn, OR 97071
PROGRAM crNTACf: Chief Scott D. Russell
FY 2002 AWARD:
$6,074
07/01103 tlnu 6/30/ C>>
AWARD PERIOD:
FISCAL CDNTACT: Ben Gillespie
TELEPHONE:
FAX:
TELEPHONE:
(503) 982-2345
(503) 982-2370
(503) 982-'5222
BUDGE T
INCOME
Federal Grant Funds
Match Funds
$6,074
$675
TOTAL INCOME: $6,749
EXPENSES
Contractual Setvices
$6149
TOTAL EXPENSES: $6,749
This document along with the terms and conditions and grant application attached hereto, the Grant Manawmt Ha1'lilxxJ? and any
other document referenced, constitutes an agreement between the Oiminal Justice Services Division (qSD) of the Department
of State Police and the Grantee. No waiver, consent, modification or change of tenns of this agreement shall be binding unless
agreed to in writing and signed by both the Grantee and qSD. Such waiver, consent, modification or change, if made, shall be
effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this agreement. The Grantee, by signature of its authorized
representative, hereby acknowledges that hel she has read this agreement, understands it, and agrees to be bound by its tenns and
conditions (including all references to other documents). Failure to comply with this agreement and with applicable state and
federal rules and guidelines play result in the withholding of reimbursement, the tennination or suspension of the agreement,
denial of future grants, and! or damages to qSD.
Page 1 -CityofWoodbum
49
'4o!IfI' ..
TERMS AND CONDITIONS
I. CONDITIONS OF AWARD
A The Grantee agrees to operate the program as described in the application and to expend funds in accordance
with the approved budget unless the Grantee receives prior written approval by qSD to modify the program
or budget. qSD may withhold funds for any expenditure not within the approved budget or in excess of
amounts approved byqSD. Failure of the Grantee to operate the program in accordance with the written
agreed upon objectives contained in the grant application and budget will be grounds for immediate suspension
and! or tennination of the grant agreement.
B. The Grantee agrees that all public statements refening to the program must state that funds for this program
come from the u.s. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and
Delinquency Prevention, and must state the percent or dollar amount of federal funds used in the program.
C Maintenance. Retention and Access to Records; Audits.
1. Maintenance and Retention of Records. The Grantee agrees to maintain accounting and financial
records in accordance with Generally Accepted Accounting Principles (GAAP) and the standards of the
Office of the Comptroller set forth in the May 2002 Office of Justice Programs (OJP) Financial Guide,
including without limitation in accordance with Office of Management and Budget (OMB)Grculars A-
87, AI02, A122, A128, A133. All financial records, supporting documents, statistical records and all
other records pertinent to this grant or agreements under this grant shall be retained by the Grantee for
a minimum of five ~ars for purposes of State of Oregon or Federal examination and audit. It is the
responsibility of the Grantee to obtain a copy of the OJP Financial Guide from the Office of the
Comptroller and apprise itself of all rules and regulations set forth.
2. Access to Records. qSD, Oregon Secreraryof State, the Office of the Comptroller, the General
Accounting Office (GAO) or any of their authorized representatives, shall have the right of access to
any pertinent books, docmnents, papers, or other records of Grantee and any contractors or
subcontractors of Grantee, which are pertinent to the grant, in order to make audits, examinations,
excerpts, and transcripts. The right of access is not limited to the required retention period but shall last
as long as the records are retained.
3. Audits. If Grantee expenJs $300,000 or more in Federal funds (from all sources) in its fiscal year,
Grantee shall have a single organization-wide audit conducted in accordance with the provisions of
OMB Grcular A133. Copies of all audits must be submitted to qSD within 30 days of completion. If
Grantee expends less than $300,000 in its fiscal year in Federal funds, Grantee is exempt from Federal
audit requirements for that year. Records must be available for review or audit by appropriate officials
as provided in Section ID.I herein.
4. Audit Costs. Audit costs for audits not required in accordance with OMB Grcular A-133 are
unallowable. If Grantee did not expend $300,000 or more in Federal funds in its fiscal year, but
contracted with a certified public accountant to perform an audit, costs for perfonnance of that audit
shall not be charged to the grant.
D. Funding.
1. Matching Funds. The Grantee acknowledges by accepting grant funds that aU reported program
match is in the fonn of a cash match and not in-kind or other federal funds. The Grantee
acknowledges that all rules that apply to grant funds apply to match funds. Grant and match funds
must be used only for JAIBG funded programs during the grant period to support the goals, objectives
and activities as identified in the grant application. Match funds cannot be used to support activities that
are not concurrently supported by JAIBG grant funds. 1be Grantee certifies that match funds required
to pay the non-Federal portion of the program shall be in addition to funds that ~uld otherwise be
made available to fund programs within the JAIBG grant guidelines.
2. Supplanting. The Grantee certifies that federal funds will not be used to supplant state or local funds,
but will be used to increase the amount of funds that, in the absence of federal aid, ~uld be made
available to the Grantee to fund programs within the JAIBG grant guidelines.
Page 2 -City of Woodburn
50
'... ..
E. Reports. Failure of the Grantee to submit the required financial, program or audit reports, or to
resolve financial, program, or audit issues may result in the suspension of grant payments and/or
termination of the grant agreement.
1. Progress Reports. The Grantee agrees to submit a report each quarter on its progress in meeting each
of its agreed upon goals and objectives. Reports must be received no later than October 31, 2003;
January 31,2004; April 30, 2004; and July 31,2004. Any progress report that is outstanding for
more than one month past the due date may cause the suspension and/ or tennination of the
grant Grantee must receive prior written approval from qSD to extend a progress report requirement
past its due date.
2. Financial Reimbursement Reports.
a. In order to receive reimbursement, the Grantee agrees to submit the original signed Request for
Reimbursement (RFR) which includes supporting documentation for all grant and match
expenditures. RFRs must be received no laterthan October 31, 2003; January 31,2004; April
30, 2004; and July 31, 2004. Reimbursements for expenses will be withheld if progress reports are
not submitted by the specified dates or are incomplete. Any RFR that is outstanding for more
than one month past the due date may cause the suspension and/or tennination of the
grant Grantee must receive prior written approval from qSD to extend an RFR requirement past
its due date.
b. Reimbursement rates for travel expenses shall not exceed those allowed by the State of Oregon.
Requests for reimbursement for travel must be supported with a detailed statement identifying the
person who traveled, the purpose of the travel, the times, dates, and places of travel, and the actual
expenses or authorized rates incurred.
c. When requesting reimbursement for equipment costing over $5,000, the Grantee agrees to provide
a description of the equipment, purchase price, date of purchase, and identifying nwnbers if any.
d. Reimbursements will only be made for actual expenses incurred during the grant period. The
Grantee agrees that no grant funds may be used for expenses incurred before July 1, 2003 or after
June 30, 2004.
e. Grantee shall be accountable for and shall repay any overpayment, audit disallowances or any other
breach of grant that results in a debt owed to the Federal Government. qSD shall apply interest,
penalties, and administrative costs to a delinquent debt owed by a debtor pursuant to the Federal
Oaims Collection Standards and OMB Grcular A-129.
3. Audit Reports. Grantee shall provide qSD copies of all audit reports pertaining to this Grant
Agreement obtained by Grantee, whether or not the audit is required by OMB Circular An3.
F. Indemnification. The Grantee shall, to the extent pennitted by the Oregon Constitution and by the Oregon
Tort Oaims Act, defend, save, hold hannless, and indemnify the State of Oregon and qSD, their.officers,
employees, agents, and members from all claims, suits and actions of whatsoever nature resulting from or
arising out of the activities of Grantee, its officers, employees, subcontractors, or agents under this grant.
Grantee shall require any of its contractors or subcontractors to defend, save, hold hannless and indemnify the
State of Oregon, Oiminal Justice Services Division, and the Oregon State Police, their officers, emplo~es,
agents, and members, from all claims, suits or actions of whatsoever nature resulting from or arising out of the
activities of subcontractor under or pursuant to this grant.
Grantee shall, if liability insurance is required of any of its contractors or subcontractors, also require such
contractors or subcontractors to provide that the State of Oregon, Giminal Justice Services Division, and
Oregon State Police and their officers, employees and members are Additional Insureds, but only with respect
to the contractor's or subcontractor's services performed under this grant.
G. Copyright and Patents.
1. CQpyrigPt. If this agreement or any program funded by this agreement results in a copyright, the qSD
and the OffICe of Justice Programs reserve a royalty-free, nonexclusive and irrevocable license to
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51
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reproduce, publish or otherwise use, and to authorize others to use, for govenunent purposes, the work
or the copyright to any work developed under this agreement and any rights of copyright to which
Grantee, or its contractor or subcontractor, purchases ovmership with grant support.
2. Patent. If this agreement or any program funded by this agreement results in the production of
patentable items, patent rights, processes, or inventions, the Grantee or any of its contractors or
subcontractors shall immediately notify qSD. The qSD will provide the Grantee with further
instruction on whether protection on the item will be sought and how the rights in the item will be
allocated and administered in order to protect the public interest, in accordance with federal guidelines.
H No Implied Waiver. Clunulative Remedies. The failure of Grantor to exercise, and any delay in exercising any
right, po'Wer, or privilege under this Agreement shall not operate as a waiver thereof, nor shall any single or
partial exercise of any right, pO'Wer, or privilege under this Agreement preclude any other or further exercise
thereof or the exercise of any other such right, po'Wer, or privilege. The remedies provided herein are
cumulative and not exclusive of any remedies provided by law.
1. Governing Law: Venue; Consent to Jurisdiction. This Agreement shall be governed by and construed in
accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim,
action, suit, or proceeding (collectively, "Oairn") between Grantor (and! or any other agency or department of
the State of Oregon) and Gr.t11tee that arises from or relates to this Agreement shall be brought and conducted
solely and exclusively within the Grcuit Court for the State of Oregon; provided, however, if the Cairn muSt be
brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United
States District Court for the District of Oregon. Grantee, By Execution Of This Agreement, Hereby
Consents To The In Personam Jurisdiction Of Said Courts.
J. Notices. Except as otherwise expressly provided in this Section, any communications between the parties
hereto or notice to be given hereunder shall be given in writing by personal delivery, facsimile, or mailing the
same by registered or certified mail, postage prepaid to Grantee or Grantor at the address or number set forth
on page 1 of this Agreement, or to such other addresses or numbers as either party may hereafter indicate
pursuant to this section. Any communication or notice so addressed and sent by registered or certified mail
shall be deemed delivered upon receipt or refusal of receipt. Any communication or notice delivered by
facsimile shall be deemed to be given when receipt of the transmission is generated by the transmitting
machine. Any communication or notice by personal delivery shall be deemed to be given when actually
delivered. The parties also may communicate by telephone, regular mail or other means, but such
communications shall not be deemed Notices under this Section unless receipt by the other party is expressly
aclmovAedged in writing by the receiving party.
K. Successors and Assigns. 'This Agreement shall be binding upon and inure to the benefit of Grantor, Grantee,
and their respective successors and assigns, except that Grantee may not assign or transfer its rights or
obligations hereunder or any interest herein without the prior consent in writing of Grantor.
L. Survival. All provisions of this Agreement set forth in the following sections shall survive tennination of this
Agreement: Section LC (Maintenance, Retention and Access to Records; Audits); Section I.E (Reports); and
Section IF (indemnification).
M Severability. If any term or provision of this Agreement is declared by a court of competent jurisdiction to be
illegal or in conflict with any law, the validity of the remaining tenus and provisions shall not be affected, and
the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain
the particular term or provision held to be invalid.
N. Relationship of Parties. The parties agree and acknowledge that their relationship is that of independent
contracting parties and neither party hereto shall be deemed an agent, partner, joint venturer or related entity of
the other by reason of this Agreement.
II. Grantee Compliance and Certifications
A Debarment. Suspension. IneIigibility and Volunta.t:y Exclusion. The Grantee certifies by accepting grant funds
that neither it nor its principals are presendy debarred, suspended, proposed for debarment, declared ineligible,
nor voluntarily excluded from participation in this transaction by any Federal department or agency. (This
certification is required by regulations published May 26, 1988, implementing Executive Order 12549,
Debarment and Suspension, 28 CFRPart 69 and 28 CFRPart 67.)
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52
B. Compliance with Applicable Law. The Grantee agrees to comply with all applicable laws, regulations, and
guidelines of the State of Oregon, the Federal Government and qSD in the performance of this agreement, as
set forth in the most recent ver.;ion of the Grant Ma:mwrmr. HanllxxJe published by qSD and including but
not limited to:
1. The provisions of 28 CPR applicable to grants and cooperative agreements including Part 18,
Administrative Review Procedure; Part 20, G1minal Justice Infonnation Systems; Part 22,
Confidentiality of Identifiable Research and Statistical Infonnation; Part 23, G-iminal Intelligence
Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and
Activities; Part 42, Non- Discrimination/Equal Employment Opportunity Policies and Procedures; Part
61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain
Management and Wetland Protection Procedures, and Federa11aws or regulations applicable to Federal
assIStance programs.
2. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (pL. 91-646).
3. Section 102(a) of the Flood Disaster Protection Act of 1973, P.L. 93-234, 87 Stat.97, approved
December 31,1976.
4. Section 106 of the National Historic Preservation Act of 1966 as amended (16 use 470), Executive
Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 use 569a-1 et seq.)
5. National Environmental Policy Act of 1969,42 use 4321 et seq.
6. Flood Disaster Protection Act of 1973,42 USC 4001 et seq.
7. dean Air Act, 42 use 7401 et seq.
8. dean Water Act, 33 use 1368 et seq.
9. Federal Water Pollution Control Act of 1948, as amended, 33 use 1251 et seq.
10. Safe Drinking Water Act of 1974,42 USe300f et seq.
11. Endangered Species Act of 1973, 16 use 1531 et seq.
12. Wtld and Scenic Rivers Act of 1968, as amended, 16 use 1271 et seq.
13. Historical and Archaeological Data Preservation Act of 1960, as amended, 16 use 469 et seq.
14. Coastal Zone Management Act of 1972,16 USC 1451 et seq.
15. Coastal Barrier Resources Act of 1982, 16 USe3501 et seq.
16. Indian Self-Determination Act, 25 USC 45Of.
17. Hatch Political Activity Act of 1940, as amended, 5 use 1501 et seq.
18. Animal Welfare Act of 1970,7 USC2131 et seq.
19. Demonstration Gties and Metropolitan Development Act of 1966, 42 use 3301 et seq.
20. Federal Fair Labor Standards Act of 1938 (as appropriate), as amended, 29 use 201 et seq.
C Certification of Non-discrimination.
1. The Grantee, and all its contractors and subcontractors, certifies that no person shall be excluded from
participation in, denied the benefits of, subjected to discrimination under, or denied employment in
connection with any activity funded under this agreement on the basis of race, color, age, religion,
national origin, handicap, or gender. The Grantee, and all its contractors and subcontractors, assures
compliance with the following laws:
a. Non-discrimination requirements of the Omnibus Oime Control and Safe Streets Act of 1968, as
amended;
b. Title IV of the Gvil Rights Act of 1964, as amended;
c. Section 504 of the Rehabilitation Act of 1973, as amended;
d. Title n of the Americans with Disabilities Act (ADA) of 1990,
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e. Title IX of the Education Amendments of 1972;
f. The Age Discrimination Act of 1975;
g. The Department of Justice Nondiscrimination Regulations 28 CFR Part 42, Subparts C, D, E, and
G;
h. The Department of Justice regulations on disability discrimination, 28 CFRPart 35 and Part 39.
2. In the event that a Federal or State court or administrative agency makes a finding of discrimination
after a due process hearing on the grounds of race, color, age, religion, national origin, handicap or
gender against the Grantee or any of its contractors or subcontractors, the Grantee or any of its
contractors or subcontractors will forward a copy of the finding to the G-iminal Justice Services
Division (qSD). qSD will forward a copy of the finding to the Office for Ovil Rights, Office of
Justice Programs.
D. Gvil Rights Compliance. All recipients of federal grant funds are required, and Grantee agrees, to comply with
nondiscrimination requirements of Title VI of the Ovil Rights Act of 1964, as amended, 42 US.C ~ 2000d et
seq. (prohibiting discrimination in programs or activities on the basis of race, color, and national origin);
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 U.S.C $3789d(c)(I) (prohibiting
discrimination in employment practices or in programs and activities on the basis of race, color, religion,
national origin, and gender); Section 504 of the Rehabilitation Act of 1973,29 U.S.C ~ 794 et seq. (prohibiting
discrimination in employment practices or in programs and activities on the basis of disabili~; Tme II of the
Americans with Disabilities Act of 1990, 42 U.S.C ~ 12131 (prohibiting discrimination in services, programs,
and activities on the basis of disability,); The Age Discrimination Act of 1975,42 U.S.C ~ 6101-07 (prohibiting
discrimination in programs and activities on the basis of age); and Title IX of the Education Amendments of
1972,20 US.C ~ 1681 et seq. (prohibiting discrimination in educational programs or activities on the basis of
gender) .
E. Equal Employment Opportunity Program. If the Grantee, or any of its contractors or subcontractors, has 50
or more employees, is receiving more than $25,000 pursuant to this agreement, and has a service population
with a minority representation of three percent or more, the Grantee, or any of its contractors or
subcontractors, agrees to formulate, implement and maintain an equal employment opportunity program
relating to employment practices affecting minority persons and women. If the Grantee, or any of its
contractors or subcontractors, has 50 or more employees, is receiving more than $25,000 pursuant to this
agreement, and has a service population with a minority representation of less than three percent, the Grantee
or any of its contractors or subcontractors, agrees to formulate, implement and maintain an equal employment
opportunity program relating to its practices affecting women. The Grantee, and anyof its contractors and
subcontractors, certifies that an equal employment opportunity program as required by this section will be in
effect on or before the effective date of this agreement. Any Grantee, and any of its contractors or
subcontractors, receiving more than $500,000, either through this agreement or in aggregate grant funds in any
fiscal year, shall in addition submit a copy of its equal employment opportunity plan at the same time as the
application submission, with the understanding that the application for funds maynot be awarded prior to
approval of the Grantee's, or any of its contractors or subcontractors, equal employment opportunity program
by the Office for Ovil Rights, Office of Justice Programs, Office of Juvenile Justice and Delinquency
Prevention.
If required to formulate an Equal Employment Opportunity Program (EEOP), the Grantee must maintain a
current copy on file which meets the applicable requirements.
F. National Envirorunental Poli<;y Act (NEP PV: Special Condition for US. Department of Justice Grant
Programs.
1. Prior to obligating grant funds, Grantee agrees to first detennine if any of the following activities will be
related to the use of the grant funds. Grantee understands that this special condition applies to its
following new activities whether or not they are being specifically funded with these grant funds. lbat
is, as long as the activity is being conducted by the Grantee, a contractor, subcontractor or any third
party and the activity needs to be undertaken in order to use these grant funds, this special condition
must first be met. The activities covered by this special condition are:
Page 6 -City of Wood bum
54
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a. new construction;
b. minor renovation or remodeling of a property either (a) listed on or eligible for listing on the
National Register of Historic Places or (b) located within a lOO-year floodplain;
c. a renovation, lease, or any other proposed use of a building or facility that will either (a) result in a
change in its basic prior use or (b) significantly change its size; and
d. implementation of a new program involving the use of chemicals other than chemicals that are (a)
purchased as an incidental component of a funded activity and (b) traditionally used, for example,
in office, household, recreational, or educational environments.
2. Application of TIlls Special Condition to Grantee's Existing Programs or Activities: For any of the
Grantee's or its contractors' or subcontractors' existing programs or activities that will be funded by
these grant funds, the Grantee, upon specific request from the Office of Juvenile Justice and
Delinquency Prevention, agrees to cooperate with the Office of Juvenile Justice and Delinquency
Prevention in any preparation by the Office of] uvenile ] ustice and Delinquency Prevention of a
national or program environmental assessment of that funded program or activity.
G. Certification Regarding Drug Free Workplace Requirements. Grantee certifies that it will provide a drug-free
workplace by.
1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance is prohibited in the Grantee's workplace and specifying the
actions that will be taken against employees for violation of such prohibition;
2. Establishing a drug-free awareness program to inform employees about:
a. The dangers of drug abuse in the workplace;
b. The Grantee's policy of maintaining a drug-free workplace;
c. Any available drug counseling, rehabilitation, and employee assistance programs; and
d. The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace.
3. Requiring that each employee engaged in the performance of the grant be given a copy of the
employer's statement required by paragraph (a).
4. Notifying the employee that, as a condition of employment under the award, the employee will:
a. Abide by the tenns of the statement; and
b. Notify the employer of any criminal drug statute conviction for a violation occurring in the
workplace not later that five days after such conviction.
5. Notifying the Grantee within ten days after receiving notice from an employee or otherwise receiving
actual notice of such conviction.
6. Taking one of the following actions, within 30 days of receiving notice, with respect to any employee
who is so convicted:
a. Taking appropriate personnel action against such an employee, up to and including tennination; or
b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by federal, state, or local health, law enforcement, or other
appropriate agency.
7. Making a good faith effort to continue to maintain a drug.free workplace.
III. Suspension or Tennination of Funding
The Giminal Justice Services Division may suspend funding in whole or in part, tenninate funding, or impose another
sanction on a JAIBG recipient for any of the following reasons:
A Failure to comply substantially with the requirements or statutory objectives of the Juvenile Accountability
Incentive Block Grant guidelines issued thereunder, or other provisions of federal law.
Page 7 -City of Woodburn
55
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B. Failure to make satisfactory progress toward the goals and objectives set forth in the application.
C Failure to adhere to the requirements of the grant award and standard or special conditions.
D. Proposing or implementing substantial plan changes to the extent that, if originally submitted, the application
would not have been selected.
E. F ailing to comply substantially with any other applicable federal or state statute, regulation, or guideline.
Before imposing sanctions, the Criminal Justice Services Division will provide reasonable notice to the Grantee of its
intent to impose sanctions and will attempt to resolve the problem informally.
IV. Grantee Representations and Warranties
Grantee represents and warrants to Grantor as follows:
1. Existence and Power. Grantee is a political subdivision of the State of Oregon. Grantee has full power and
authority to transact the business in which it is engaged and full power, authority, and legal right to execute and
deliver this Agreement and incur and perform its obligations hereunder.
2. Authority, No Contravention. The making and performance by Grantee of this Agreement (a) have been duly
authorized by all necessary action of Grantee, (b) do not and will not violate any provision of any applicable
law, rule, or regulation or order of any court, regulatory commission, board or other administrative agency or
any provision of Grantee's articles of incorporation or bylaws and (c) do not and will not result in the breach
of, or constitute a default or require any consent under any other agreement or instrument to which Grantee is
a party or by which Grantee or any of its properties are bound or affected.
3. Binding Obligation. This Agreement has been duly authorized, executed and delivered on behalf of Grantee
and constitutes the legal, valid, and binding obligation of Grantee, enforceable in accordance with its tenns.
4. Approvals. No authorization, consent, license, approval of, filing or registration with, or notification to, any
governmental body or regulatory or supervisory authority is required for the execution, delivery or performance
by Grantee of this Agreement.
Cmnen Merlo, Director
Criminal Justice Services Division
Oregon State Police
400 Public Service Building
Salem, OR 97310
Date
Signature of Authorized Grantee Official
Date
Name/Title
Page 8 -City of Wood bum
56
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INTERGOVERNMENTAL AGREEMENT
CITY OF WOODBURN
AND
MARION COUNTY
This Intergovernmental Agreement, hereafter called "AGREEMENT", is between the City of
Woodburn, acting by and through its Police Department, hereinafter called "WOODBURN", and
Marion County, acting by and through its Sheriffs Officer, hereinafter called "COUNTY".
1. PURPOSE
The purpose of this AGREEMENT is to coordinate the program known as the Youth
Court. The Woodburn Police Department, Woodburn School District, Woodburn
Together, Woodburn Fire Dpeaftment and the Marion County Sheriff's Office have
developed this Youth Peer Court and seek to implement a cohesive, community-based
program of prevention and intervention for first time youth offenders. Within this
program, youth, family and community members work together to promote personal
and community commitment, accountability and responsibility.
II TERM
This AGREEMENT becomes effective upon signature of all parties, and shall expire,
unless otherwise terminated or extended by agreement of all parties, on June 30,~ ~
III ST A TEMENT OF WORK
COUNTY shall accomplish this work outlined in Attachment A: Juvenile Accountability
Incentive Block Grant Program, Application Narrative.
IV CONSIDERATION
WOODBURN shall disburse funds in the amount cited in Attachment B in accordance
with the procedures cited in the Juvenile Accountability Incentive Block Grant. The
maximum amount to be paid to SHERlFF by WOODBURN is $~ It is
understood that this AGREEMENT depends solely upon availability of funds.
COUNTY shall maintain accurate records and receipts of all expenses, including payroll,
supplies, travel and training. COUNTY shall invoice WOODBURN on a monthly basis
by providing an invoice with detailed reports and documentation of said expenses.
Terms: Quarterly payments.
57
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Page 2
WOODBURN shall comply with all reporting requirements as outlined in the Juvenile
Accountability Incentive Block Grant.
V GENERAL PROVISIONS
The terms of this AGREEMENT may not be waived, altered, modified, supplemented or
amended, except by written agreement signed by all of the parties.
VI WRITTEN NOTICE
All notices regarding this AGREEMENT should be sent to the parties at the following
addresses:
To WOODBURN
Chief Scott D. Russell
Woodburn Police Department
270 Montgomery Street
Woodburn, Oregon 97071
To COUNTY
Karen S. Taylor
Contracts/Purchasing Officer
Marion County Sheriffs Office
PO Box 14500
Salem, Oregon 97309
VI TERMINATION
This AGREEMENT may be tem1inated by mutual consent of all parties, or by either
party upon thirty (30) days notice in writing and delivered by certified mail or in person.
Termination of this AGREEMENT will not affect any obligations incurred prior to
termiantion.
VII LIABILITY AND INDEMNITY
A Each party shall indemnify and hold harmless the other party from any and all
claims existing arising out of acts or omissions caused by either party, its
officers, employees or agents, within the limits of the Oregon Tort Claim Act.
B Each party will maintain its status as an insured or self-insured employers in
compliance with the Workers' Compensation coverage requirements of
ORS Chapter 656.
58
PJgc ]
C. Each party shall maintain in full force and effect, liability and property damage
insurance or self-insurance to cover any claims whieh may arise by virtue of its
actions.
CITY OF WOODBURN
C~-# e~ 8/l0j2002
Signature Date
City Administrator
Title
COUNTY
A .J-~ SEP 1 6 200Z
Date
Commander
Title
9!it/lod-
P g i hell Date
County Contracts Coordinator
APPROVED AS TO FORM:
V<---A- e~~+ 2S ~ Loe>2..
Marion County Legal Counsel
o~
~ISSIONER ~
Jj~fU
MMISSIONER ~
59
...
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~.EiItml -=>....~...d.....
~
WQ.Q!2.~ll.~N
lOF
~~
I 1/ . " r I' " r ,/ I C ,i I 8 S ..J
.
.
July 28, 2003
FROM:
Mayor and City Council through City Administrator
John C. Brown, City AdministratoP"
TO:
SUBJECT:
Design Services Agreement for the Downtown Plaza
RECOMMEN DATION:
It is recommended the City Council authorize the City Administrator to execute
a personal services agreement for urban design services for a downtown plaza
with Lloyd Lindley, ASLA in an amount not to exceed $16,790.
BACKGROUND:
The City Council approved funding of $175,000 in the City's 2003-04 Capital
Budget to convert the City's downtown parking lot at First, Garfield, and Hayes
Streets to a plaza. Project funding includes approximately $17,000 for design
services. Design services include development of a plaza concept plan, revised
cost estimates, and construction drawings and specifications.
DISCUSSION:
Attached is a personal services agreement with Lloyd Lindley, landscape
architect, which provides design services for the downtown plaza conversion.
Working with City staff, Mr. Lindley would develop a concept plan, prepare
alternatives for site furnishings, assist with public involvement activities, prepare
cost estimates and assist in developing construction drawings and
specifications. A draft concept plan would be developed based on the input
of City staff. That plan, along with site furnishings alternatives (benches, drinking
fountains and water features, trash receptacles, walkway lighting and bike
racks) would be presented at a meeting of Downtown stakeholders and other
interested parties. Input from the meeting would be used to finalize the
concept plan, which would be presented to the City Council and used to
prepare final cost estimates. Construction drawings and specifications would
then be prepared and used to bid the project.
Agenda Item Review: City Administrator _
City Attorney /tI ~
Finance
60
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Mayor and City Council
July 28, 2003
Page 2
.
.
Mr. Lindley has done extensive work for the Portland Development Commission
on urban design projects in the Portland area. Mr. Lindley's previous work for
Woodburn includes design work on the 1998 Downtown Development Plan, and
urban renewal visioning and design activities in February 2001.
The attached agreement provides design services necessary for the plaza
conversion project. Those services are being provided by a talented landscape
architect with ongoing interest in redeveloping Woodburn's Downtown. For
these reasons, your approval of the recommended action is respectfully
requested.
FINANCIAL IMPACT:
The recommended action would result in a not-to-exceed contract of $16,790.
Sufficient funds to support these costs are budgeted for the Plaza project in the
General Fund C1P Fund for 2003-04. It is anticipated that of the total estimated
project cost of $175,000, 100,000 will be paid by through urban renewal funding.
61
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PERSONAL SERVICES AGREEMENT
FOR URBAN DESIGN SERVICES FOR A DOWNTOWN PLAZA
THIS AGREEMENT made and entered into between the City of Woodburn, an
Oregon municipal corporation, (hereinafter CITY) and Lloyd D. Lindley, ASLA, (hereinafter
CONSUL TANT). It shall become effective on the date it is fully executed by the parties.
RECITALS
WHEREAS, CITY desires to convert a parking lot into a plaza as part of its urban
renewal activities in the downtown area; and
WHEREAS, CITY requires a concept plan for development of said plaza; services
related to activities intended to create community consensus regarding plaza design; a final
cost estimate for plaza development; and completion of bid-ready construction drawings
and specifications; and
WHEREAS, CITY requires the services of an independent contractor with
experience and specialized skills sufficient to satisfactorily perform such work; and
WHEREAS, CONSULTANT has expertise in all these areas, and has successfully
assisted CITY in developing a downtown plan in 1998 and in conducting visioning and
design exercises related to downtown revitalization in 2001; and
WHEREAS, CITY desires to retain CONSULTANT to perform the work in the
manner, at the time, and for the compensation set forth herein.
NOW, THEREFORE, in consideration of the terms, conditions, covenants and
performances contained herein, the parties agree as follows:
1. DESCRIPTION OF PROJECT. CITY and CONSULTANT agree CONSULTANT
shall perform the project according to the proposal dated May 6, 2003 which is
attached hereto and incorporated as Exhibit "A" to this Agreement. If, during the
course of the project, CITY and CONSULTANT agree to changes in the project,
such changes shall be incorporated in the Agreement by written amendment.
2. CONSIDERATION. CITY shall pay CONSULTANT a sum not to exceed $16,790 for
all CONSULTANT services. However, compensation may be less than such
maximum amount and shall actually be determined on an hourly basis at
CONSULTANT's hourly rates, as referenced in Exhibit "A."
CONSUL TANT will submit an invoice to CITY of costs and expenses incurred either
monthly, or upon completion of the project. The invoice shall include a summary of
62
services provided. CITY shall review the invoice, and notify CONSULTANT of any
questions or disagreements CITY might have with the
invoice within ten days after receipt of the invoice. After the ten day period, or after
questions or disagreements noted during the ten day period have been resolved to
the satisfaction of the parties, the work performed during the period covered by the
invoice shall be considered satisfactory by CITY. Payment of the invoice shall be
within 30 days of accepting the invoice as satisfactory.
3. STATUS OF CONSULTANT AS INDEPENDENT CONTRACTOR. CONSULTANT
shall be an independent contractor for all purposes and shall be entitled to no
compensation other than the compensation provided for under paragraph 2 of this
Agreement.
4. TERM AND TERMINATION. The term of this Agreement shall extend from its date
of execution by the parties until the end of the project or until termination as
provided herein.
5. INDEMNITY AND INSURANCE.
A. Indemnity: CONSULTANT acknowledges responsibility for any and all
liability arising out of the performance of this Agreement and agrees to hold
CITY harmless from and defend and indemnify CITY for any and all liability,
settlements, loss, costs, and expenses in connection with any action, suit, or
claim resulting or allegedly resulting from CONSULTANT'S acts, omissions,
activities or services in the course of performing this Agreement.
B. Liability Insurance: CONSULTANT shall maintain occurrence form
commercial general liability insurance for the protection of CONSULTANT,
CITY, its Council, directors, officers, agents, and employees. Coverage shall
include personal injury, bodily injury, including death, and broad form
property damage, including loss of use of property, occurring in the course of
or in any way related to CONSULTANT'S operations, in an amount not less
than $1,000,000 combined single limit per occurrence. Such insurance shall
name CITY as an additional insured. CONSULTANT shall provide to CITY a
certificate of insurance evidencing coverage.
C. Workers Compensation Coverage: If CONSULTANT employs one or more
subject workers, CONSULTANT hereby certifies that it has qualified for State
of Oregon Worker's Compensation coverage either as a carrier-insured
employer or as a self-insured employer. CONSULTANT shall provide to
CITY a certificate of insurance (be they carrier or self-insured) evidencing
coverage.
6. WORK IS PROPERTY OF CITY. All work, including, but not limited to documents,
drawings, papers, electronic media, and photographs, performed or produced by
CONSULTANT under this Agreement, shall be the property of CITY. CONSULTANT
Page 2 - Lloyd D. Lindley Personal Services Agreement
63
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may, with prior permission of CITY, reproduce all or part of such work, to solicit
clients, or for other similar purposes.
7. RECORDS. CONSULTANT shall retain all books, documents, papers, and records
that are directly pertinent to this Agreement for at least three years after CITY
makes final payment on this Agreement and all other pending matters are closed.
CONSULTANT shall allow CITY, or any of its authorized representatives, to audit,
examine, copy, take excerpts from, or transcribe any books, documents, papers, or
records that are subject to the foregoing retention requirement.
8. BREACH OF CONTRACT. CONSULTANT shall remedy any breach of this
Agreement within the shortest reasonable time after CONSULTANT first has actual
notice of the breach or CITY notifies CONSULTANT of the breach, whichever is
earlier. If CONSULTANT fails to remedy a breach in accordance with this
paragraph, CITY may terminate that part of the Agreement affected by the breach
upon written notice to CONSULTANT, may obtain substitute services in a
reasonable manner, and may recover from CONSULTANT the amount by which the
price for those substitute services exceeds the price for the same services under
this Agreement.
If the breach is material and CONSULTANT fails to remedy the breach in
accordance with this paragraph, CITY may declare CONSULTANT in default and
pursue any remedy available for a default.
Pending a decision to terminate all or part of this Agreement, CITY unilaterally may
order CONSULTANT to suspend all or part of the services under this Agreement. If
CITY terminates all or part of the Agreement pursuant to this paragraph,
CONSULTANT shall be entitled to compensation only for services rendered prior to
the date of termination, but not for any services rendered after CITY ordered
suspension of those services. If CITY suspends certain services under this
Agreement and later orders CONSULTANT to resume those services,
CONSULTANT shall be entitled to reasonable damages actually incurred, if any, as
a result of the suspension.
To recover amounts due under this paragraph, CITY may withhold from any
amounts owed by CITY to CONSULTANT, including but not limited to amounts
owed under this Agreement or any other contract between CONSULTANT and
CITY.
9. TERMINATION FOR CONVENIENCE. At any time with or without cause, either
CITY or CONSULTANT shall have the right to terminate this Agreement upon 30
days written notice to the other party. If CITY terminates the Agreement, it shall
deliver payment to CONSULTANT for only those services rendered to the date of
termination.
Page 3 - Lloyd D. Lindley Personal Services Agreement
64
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10. LAW OF OREGON. The laws of the State of Oregon shall govern the Agreement.
Venue shall be in the Circuit Court for Marion County, Oregon. CONSULTANT, by
executing this Agreement, hereby consents to the in personum jurisdiction of said
court.
11. SUCCESSORS AND ASSIGNMENTS. Neither CITY nor CONSULTANT shall
assign or transfer its interest or obligation hereunder in this Agreement without
obtaining the written consent of the other.
12. NO THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement shall
create a contractual relationship with or a cause of action in favor of a third party
against CONSULTANT or CITY. CONSULTANT's services under this Agreement
shall be performed solely for the CITY's benefit, and no other entity or person shall
have any claim against CONSULTANT because of this Agreement for the
performance or nonperformance of services hereunder.
13. WORKER'S COMPENSATION COMPLIANCE. CONSULTANT, its sub-
consultants, if any, and all employers working under this Agreement are subject
employers under the Oregon Workers' Compensation Law and shall comply with
ORS 656.017, which requires them to provide workers' compensation coverage for
all their subject workers. CONSULTANT and its sub Consultants, if any, shall show
proof of such coverage in a form satisfactory to CITY prior to commencing any of the
work to be done under this Agreement.
CONSULTANT, if declaring an exemption from any requirement to provide workers
compensation coverage for the labor to be performed under this Agreement,
understands and agrees that under ORS 656.006 (13), an "employer" is any person
who contracts to pay a remuneration for and secures the right to direct and control
the services of any person. CONSULTANT understands and agrees that jf it is
exempt from coverage under ORS 656.027 and engages individuals who are not
exempt under same in performance of this Agreement, then CONSULTANT shall
provide workers compensation insurance coverage for all such individuals. If
CONSULTANT does not provide that insurance it may be deemed a non-complying
employer for purposes of Oregon law and agrees to hold CITY harmless from and
indemnify it against any and all claims for compensation benefits made against
CONSULTANT as a non-complying employer.
14. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES. CONSULTANT shall
comply with all applicable federal. state and local laws, rules and regulations.
15. HOURS OF LABOR. CONSULTANT agrees that no person shall be employed for
more than 10 hours in anyone day, or 40 hours in anyone week, except in cases of
necessity, emergency, or where the public policy absolutely requires it, and in such
cases, except in cases of contracts for personal services as defined in ORS
279.051, the employee shall be paid at least time and a half pay:
Page 4 - Lloyd D. Lindley Personal Services Agreement
65
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For all overtime in excess of eight hours a day or 40 hours in anyone week
when the work week is five consecutive days, Monday through Friday; or
For all overtime in excess of 10 hours a day or 40 hours in anyone week
when the work week is four consecutive days, Monday through Friday; and
For all work performed on Saturday and on any legal holiday specified in
ORS 279.334.
CONSULTANT agrees that all persons employed under this Agreement shall
receive at least time and a half pay for work performed on the legal holidays
specified in a collective bargaining Agreement or in ORS 279.334 (1 )(a)(C)(ii) to (vii)
and for all time worked in excess of 10 hours a day or in excess of 40 hours in a
week, whichever is greater. (Required by ORS 279.316)
16. PAYMENT OF lABORERS AND MATERIALMEN. CONTRIBUTIONS TO
INDUSTRIAL ACCIDENT FUND. LIENS AND WITHHOLDING TAXES.
CONSULTANT shall:
Make payment promptly, as due, to all persons supplying labor or material for
the prosecution of the work under this Agreement.
Pay all contributions or amounts due the Industrial Accident Fund from such
CONSULTANT or sub CONSULTANT incurred in the performance of this
Agreement.
Not permit any lien or claim to be filed or prosecuted against the state,
county, school district, municipality, municipal corporation or subdivision
thereof, on account of any labor or material furnished.
Pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167. (Required by ORS 279.312)
17. INCOME TAX WITHHOLDING. CONSULTANT shall pay, if applicable, all sums
withheld from employees pursuant to ORS 316.167.
18. PAYMENT FOR MEDICAL CARE. CONSULTANT shall promptly, as due, make
payment to any person, co-partnership, association or corporation, furnishing
medical, surgical and hospital care or other needed care and attention, incident to
sickness or injury, to the employees of CONSULTANT, of all sums which
CONSULTANT agrees to pay for such services and all moneys and sums which the
CONSULTANT collected or deducted from the wages of employees pursuant to any
law, contract or this Agreement for the purpose of providing or paying for such
service. (Required by ORS 279.320).
Page 5 - Lloyd D. Lindley Personal Services Agreement
66
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19. PAYMENT OF CLAIMS BY PUBLIC OFFICERS. If CONSULTANT fails, neglects
or refuses to make prompt payment of any claim for labor or services furnished to
CONSULTANT by any person in connection with this Agreement as such claim
becomes due, CITY may pay such claim to the person furnishing the labor or
services and charge the amount of the payment against funds due or to become due
to CONSULTANT.
20. RECYCLED PAPER REQUIRED. To the maximum extent economically feasible,
CONSUL T ANT shall use recycled paper in performing under this Agreement.
21. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS,
MAKING PAYMENTS.
All notices, bills and payments shall be made in writing and may be given by
personal delivery or by mail. Notices, bills and payments sent by mail should be
addressed as follows:
CITY:
John C. Brown
Woodburn City Administrator
City of Woodburn
270 Montgomery S1.
Woodburn, OR 97071
CONSULTANT:
Lloyd D. Lindley, ASLA
620 SW Main Street, Suite 710
Portland OR 97205
When so addressed, such notices, bills and payments shall be deemed given upon
deposit in the United States mail, postage prepaid.
22 . INTEGRATION. This Agreement contains the entire agreement between the parties
and supersedes all prior written or oral discussions or agreements regarding the
same subject.
23. ATTORNEY'S FEES. In the event a suit or action is instituted to enforce any right
guaranteed pursuant to this Agreement, the prevailing party shall be entitled to, in
addition to the statutory costs and disbursements, a reasonable attorneys fee to be
fixed by trial and appellate courts respectively.
Page 6 - Lloyd D. Lindley Personal Services Agreement
67
24. AUTHORIZATION. The persons executing this Agreement on behalf of the parties
hereto represent and warrant that the parties have all legal authority and
authorization necessary to enter into this Agreement, and that such persons have
been duly authorized to execute this Agreement on their behalf.
LLOYD D. LINDLEY
CITY OF WOODBURN
By:
Lloyd D. Lindley, ASLA
By:
John C. Brown, City Administrator
Date:
Date:
Attest:
Mary Tennant, City Recorder
Date:
Page 7 - Lloyd D. Lindley Personal Services Agreement
68
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EXHIBIT A
City of Woodburn
Downtown Plaza
Below is a proposal to provide the City of Woodburn with urban design services
for the Woodburn Downtown Plaza. Services include plaza concept design,
preparing alternatives for site furnishings, assisting with City-prepared
construction drawings and specifications, assistance with cost estimates for
construction and public involvement. Assistance to City staff includes rough
details and plan sketches from which staff can prepare CAD drawings.
WORKSCOPE
TASK 1 DEVELOP PLAZA CONCEPT PLAN
1. Meet with the City in an active work session to prepare a concept.
2. Prepare one concept plaza plan at 1" = 1 0'-0".
3. Prepare plaza furnishings alternatives for benches, trash receptacles, bike racks,
walkway lighting, and drinking fountains.
4. Review concept plan and site furnishings options with Downtown stakeholders
(property and business owners), City of Woodburn staff, interested parties, and
City Council up to two (2) meetings.
5. Prepare revised plaza concept plan.
6. Review revised plaza concept plan and site furnishings with stakeholders and
City staff.
7. Prepare one (1) aerial view and one (1) ground view illustration of the preferred
concept.
Task 1 PRODUCTS
. Provide one (1) concept plan
. Provide preliminary site furnishings list
. Assist the City with two (2) public meetings including Downtown stakeholders
and City Council to present the Concept Plan.
. Attend up to two (2) meetings with City staff
TASK 2 COST ESTIMATE
1. Review cost estimates with City staff.
TASK 3 CONSTRUCTION DRAWINGS AND SPECIFICATIONS
1. Assist the City of Woodburn with preparation of construction drawings and
specifications.
2. Meet with City engineering staff up to three (3) times to prepare detail, section,
plan and elevation drawings at enlarged scale.
3. Review progress drawings sets up to three (3) times and provide comments to
City staff.
69
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City of Woodburn Dowmuwn Plaza
TASK 3 PRODUCTS
. Provide written and verbal comments on City-provided construction drawings and
specifications.
ESTIMATED FEE
,------- --- --.---
TASK LDL LDL Total
PRIN. ADMIN.
$150 $45
f----.- -.
1. Plaza concept plan 68 10 10,650
2. Cost estimates 4 2 690
3. Construction drawinqs 30 10 4,950
Total labor 16,290
Reimbursable expenses 500
Total 16,790
We propose to complete the above workscope on a time and materials basis for a fee
not to exceed $ 16,790 to include $ 16,290 for labor and $ 500 for reimbursable
expenses.
Lloyd D. Lindley, ASLA
2
5/6103
70
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July 25, 2003
TO:
Mayor and City Council through City Administrator
FROM:
Linda Sprauer, Library Director
SUBJECT:
Consulting Services Relative to Library Remodeling
or Expansion Plan
RECOMMENDATION:
Authorize the City Administrator to finalize and execute an agreement with
Hennebery Eddy Architects, Inc. to complete a library remodeling or expansion
plan.
BACKGROUND:
The City requested proposals from architectural firms for a feasibility study to
determine library space needs for the next 15 to 20 years. The City received
proposals from seven firms and at the City Council meeting of May 12, 2003,
Hennebery Eddy Architects, Inc. was selected to complete the project.
DISCUSSION:
After extensive discussions between Hennebery Eddy and the Library Director, a
revised scope of work has been drafted and agreed to. However, the
agreement has not been finalized. Due to the need to start the project and a
"kick-off" meeting involving out-of-state participants which is scheduled for
August 4, an authorization to have the City Administrator finalize and execute
the agreement is requested.
FINANCIAL IMPACT:
The price agreed upon is $54,973, plus reimbursable expenses to be invoiced at
actual cost, expected not-to-exceed $3,500. This project will be funded from
the Library Endowment Fund.
Agenda Item Review: City Administrator
City Attorney _
Finance
71
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July 28, 2003
TO: Mayor and City Council through City Administrator
.^
FROM: Jim Mulder, Director of Community Development. '!/1
SUBJECT: Planning Commission's Action on Conditional Use 03-01, Design Review
03-02, and Variance 03-20 a request to construct a 6,197 square foot
addition to the existing fire department main station, to construct a 4,800
square foot storage building and to allow a variance request for parking
within a required interior yard setback.
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 24, 2003 the Planning Commission adopted a final order approving the
construction of a 6,197 square foot addition to the 13,225 square foot existing fire
department main station and the construction of a 4,800 square foot storage building. A
Variance was also approved to allow for parking within a required interior yard setback.
The subject property is located at 1776 Newberg Highway and can be identified
specifically on Marion County Assessor Map T5S, R1W, Section 7CB, Tax Lot # 8300.
The subject property is approximately 2.98 acres in size and is zoned Public & Semi-
Public (P/SP) and designated Public Use on the Woodburn Comprehensive Plan Map.
Applicant:
RSS Architecture, P. C.
2225 Country Club Road
Woodburn, OR 97071
Property Owner:
Woodburn Rural Fire Protection District
1176 Newberg Highway
Woodburn, OR 97071
The applicant is proposing to expand the main station to provide more office space for
the administration and to provide larger training and assembly/meeting rooms. The
storage building is for needed equipment storage.
Agenda Item Review:
City Administrato
City Attorney N'1J
Finance
72
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Mayor and City Council
July 28, 2003
Page 2
.
.
DISCUSSION:
None.
FINANCIAL IMPACT:
There is no financial impact associated with the recommended action.
73
.... ...
July 18, 2083
Dear City Council !embers:
Everyone ~n8~s ~e need a new Co~munity Center. I sincerely
believe it ~as voted do~n l~st ti~e because it was not a
g88d enough )ropo~~l.
?lease if~e ~re going ~~ ~~:l ~ new CO~Munity Center,
then o11il'1 one t:n,.t:e C',.,'. Of> ;):r,-Jul :)1' 2nd 0:.8 that will
:10 the \!I~Dle job, for n:J': :ini 1:'ito thc~ future, including
a ye~~0:rming arts cente:r ,ni di~h ~de1uate p~rking ~or
;111 ~JI~ the f11nc"ic:is that cDull 08 held there.
I do not necess2.rily oe~ieve ~: ~~~t oe within the j)~ntown
c-Jre, bu~ i tioe:.: ne e J t!) be ,,1 L:e tr ,'FiS )ortc:;' tion route,
of co~roe.
If you should st~ll settle on Jettlemeir park - 10 away
with the ball parks, games c~n be Jlaye1 at our new parks.
Ma~e it a Jmall downtown ~ar~ with the Aquatic Center,
Corl'nuni ty Ce:.ter, Sks te ~)'lrk and lots ;f parking. I have
lived in this area since 194-6 and 'vloodburn SeniQ:c..... .c:states
since 1911, my son ~as born in the hos~ital in Woodburn
in 1957, so I have seen ~any changes and I have had happy
far~ily get to :-;et ,ers in that )2.rk, but ti:J.es change and
we now have -Jt~er Jarks as well; a small park will do the
job. Don't just squeeze it in the swale by the Aquatic
Center.
~e finally h~ve the nice aquat~ center, make us ~rouj of
our C TiYY1uni::.y Cen.ter as ','e11.
7his is the a~ly t~ne in ~y life I have written to a
City Council, but I just had to let you know how I felt
about t is project and to ta>,:.e this opp'Jrtunity to Thank
you for nmning our to'..,rn. I :...;:no'.! it is a very diffic'~l t
job and iTn~oss ible to )lease every Jne, so than:...;: you each
and everyone of you for all of yau~ time, effort a~d ha~d
'Nor'.{.
Since~ely
~lf.
~/'ra:7?dc'{
'..J.''inda ;i.dney
1826 ~i..:.ndo l;h
1"J oodbur'l., Or.
Odd
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July 28, 2003
TO: Mayor and City Council through City Administrator
/)
FROM: Jim Mulder, Director of Community Development /0; 7
SUBJECT: Planning Commission's Action on Design Review 03-05, Variance 03-12 &
Partition 03-02, request for design review approval of Phase II of
Chemeketa Community College and a 48 space parking lot located north
of the Chemeketa Community College site (across East Lincoln Street).
The applicant is also requesting a variance to the full right of way
dedication and street standards on East Lincoln Street and a partition
request so they can purchase a portion of the Union Pacific Railroad land
where the 48 space parking lot is proposed.
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 24,2003 the Planning Commission adopted a final order approving Phase II of
Chemeketa Community College and a 48 space parking lot located north of the
Chemeketa Community College site (across East Lincoln Street). Phase II includes a
complete remodel of the 5,400 square foot existing building and the construction of a
new 15,400 square foot two story building located at 120 East Lincoln Street. The
Planning Commission also approved the applicant's variance request to the full right of
way dedication and street standards on East Lincoln Street and the applicant's partition
request for a portion of the Union Pacific Railroad land where the 48 space parking lot is
proposed.
The subject properties are located at 120 East Lincoln Street (Chemeketa Community
College site) and north of the Chemeketa Community College site across East Lincoln
Street (proposed partition and 48 space parking lot). The Chemeketa Community
College property can be identified specifically on Marion County Assessor Map T5S,
1W, Section 18AB, Tax Lot 6200. The Chemeketa Community College site is zoned
Commercial General (CG) and designated Commercial on the Comprehensive Plan
Map. A building and parking lot under construction are currently located on this site.
The property to the north of the Chemeketa Community College site (proposed 48
Agenda Item Review:
City Administra
City Attorney /VItO
Finance
74
'..... ..'
Mayor and City Council
July 28, 2003
Page 2
.
.
space parking lot across East Lincoln Street) is zoned CG and Light Industrial (IL) and
designated Industrial on the Comprehensive Plan Map. A loading dock and two trees
are located on this property.
APPLICANT:
Chemeketa Community College
Jerry Vessello, Director of Facilities
4000 Lancaster Drive NE
Salem, OR 97309
PROPERTY OWNER:
Chemeketa Community College owns the 120 E.
Lincoln Street property.
The Union Pacific Railroad owns the property to the
north of Chemeketa Community College across E.
Lincoln Street.
DISCUSSION:
None.
FINANCIAL IMPACT:
There is no financial impact associated with the recommended action.
75
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Woodburn Police Department
National Night 2003 Registered Participants
Tuesday August Sh, 2003
.
Strt. NHW Info Block Name Contact Person Address Phone# Est. #
Closure Requested People
No No Woodburn Library Sandy Kinney 280 Garfield St. 980-2416 300+
No Ves Heritage Arms Dawn Hurlburt 669 Voung St. # 101 M- 981-1473 150
No No Alexandra Ct. Anne Lima 1415 Alexandra Ct. 981-4413 15-20
Ves No Ironwood Terrace Lourdes Camacho 401 Ironwood Terr. 981-4969 150+
No No Umpqua Rd Ryllis E. Linday 143 Umpqua Rd. 981-8905 30
Yes No Hermanson Addition Barbara Cannon 501 Marshall St. 982-4219 30-40
No Ves Parr Acres Colleen Rehm 863 Harvest Wy. 981-7277 150
No Ves King Wy. Jim Schweda 1785 King Wy. 981 -1446 50
Ves No Judy St. Erin Fassio 1267 Judy St. 981-5414 30
Ves Ves Heritage Park Shayao McFarland 1390 Independence 982-1929 60
No No Senecal Estates Jan McCain 3232 Senecal Cr Dr 982-0559 30
No Ves Randolph Rd Neighbors Bob Engle 1119 Randolph Rd 981-0143 40
Ves **** No Residents/Country Club Rd Theresa Belden 2158 Country Club 982-5402 100
Ves No Residents/Stanfield Rd Billie Day 1032 Stanfield Rd 981-5285 40
Yes Ves Henry's Farm Association Mike Grubb 1254 Mayanna Dr 981-4242 50+
Ves Ves Columbia Dr NHW Group Edna Hobbs 496 S Columbia Dr 981-9721 60+
Yes Yes CountryCI~~..<;~r Group D~lf3artram . 1()a6C(:)~l'Itry.ClUl) 981-3464 40
Circle '.'
No No S Cascade Drive Group Cynthia Hocking 400 S. Cascade Dr 982-1026 15-20
No Ves N Princeton Rd Neighbors Myron Baumer 1731 Princeton Rd 981-4297 30
No No Senior Estates NHW Jean Causey 1535 Rainier Rd 982-6035 30
j
Updated: Sunday, July 27, 2003
Page 1 of 2
Yes Yes Oregon Court Assoc Bette Strichlund 938 Oregon Wy 982-0903 100+
No No Esperanza Court NHW Laura Isiordia 160 W Cleveland St 981 -1 618 75
No No FHDC Nuevo Amanecer Laura Isiordia 1274 N Fifth St #1 981-1618 100+
Yes No McKinley Street Neighbors Shirley Maycumber 855 McKinley St 981-0818 20
Yes No Smith Addition NHW Bill Bernard 395 Smith Dr 981-7878 100+
Yes Yes William Av Neighbors Gracie Konovalov 1028 William Av 982-2852 20
No No Carmelia Wy Neighbors Margaret Wilson 2107 Carmelia Wy 981-1089 20+
.j
.
Updated: Sunday, July 27,2003
Page 2 of 2