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Agenda - 01/08/2007 CITY OF WOODBURN CITY COUNCIL AGENDA JANUARY 8, 2007 - 7:00 P.M. KATHRYN FIGLEY, MAYOR WALTER NICHOLS, COUNCILOR WARD 1 RICHARD BJELLAND, COUNCILOR WARD II PETER MCCALLUM, COUNCILOR WARD III JAMES COX, COUNCILOR WARD IV FRANK LONERGAN, COUNCILOR WARD V EUDA SIFUENTEZ, COUNCILOR WARD VI CITY HALL COUNCIL CHAMBERS - 270 MONTGOMERY STREET 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. City Hall and the Woodburn Public Library will be closed Monday, January 15,2007, in observance of the Martin Luther King holiday. The Aquatic Center will be open with regular hours. Appointments: None. 4. PROCLAMATIONS/PRESENTATIONS Procla motions: None. Presentations: None. 5. COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn School District 6. COMMUNICATIONS None. 7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council consideration not already scheduled on the agenda. "Habra interrnetes oisponibles para aquellas personas que no bablan Ingles} previo acueroo. Comunlquese al (503) 980-2485," January 8, 2007 Council Agenda Page i ...' '11" ." 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 December 11, 2006 1 Recommended Action: Approve the minutes. B. Woodburn Planning Commission draft minutes of December 14, 8 2006 Recommended Action: Accept the draft minutes. C. Planning Project Tracking Sheet dated January 3, 2007 Recommended Action: Receive the report. 15 D. Building Activity for December 2006 16 Recommended Action: Receive the report. E. Traffic Impact Fee Update Study Consultant Selection 17 Recommended Action: Receive the report. F. Environmental Protection Agency Final Drinking Water Rule for 19 Groundwater Recommended Action: Information only. G. Weed and Seed Draft Grant Application Recommended Action: Information only. 22 9. TABLED BUSINESS None. 10. PUBLIC HEARINGS None. 11. GENERAL BUSINESS - Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the City Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral prerogative. A. Council Bill 2651 - Resolution authorizing City participation in 27 the Woodburn Foundation, a non-profit corporation that will exist independently from the City and that will benefit the City Recommended Action: Adopt the resolution. January 8, 2007 Council Agenda Page ii ...,.. ,. .. B. Council Bill 2652 - Resolution establishing the compensation 39 schedule for certain hourly and seasonal employees Recommended Action: Adopt the resolution. C. Acceptance of Public utility Easement 44 Recommended Action: Accept the Public Utility Easements as described on Attachments "A" through "J." D. Community Services Director Employment Agreement 76 Recommended Action: Approve the appointment of James W. Row to the position of Community Services Director, and Authorize the City Administrator to execute an employment agreement with Mr. Row, effective January 16,2007. E. Land 0' Frost Program Sponsorship 86 Recommended Action: Approve the continuation of the Land 0' Frost sponsorship of Youth Sports Programming, and authorize the City Administrator to sign the sponsorship agreement. F. National Football Grant Agreement 88 Recommended Action: Approve the continuation of the National Football/National Police Activities League grant for Youth Sports Programming, and authorize the City Administrator to sign the sponsorship agreement. 12. NEW BUSINESS 13. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These are Planning Commission or Administrative Land Use actions that may be called up by the City Council. A. Planning Commission approval of Conditional Use 06-02, 91 Design Review 06-10, Variance 06-11, Variance 06-12 and SWOD 06-01 located at the southwest corner of the intersection of Lincoln Street and Gatch Street 14. CITY ADMINISTRATOR'S REPORT 15. MAYOR AND COUNCIL REPORTS January 8, 2007 Council Agenda Page iii ... 1r ~ 16. EXECUTIVE SESSION A. To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660 (1 )(h). B. To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (1) (f). 17. ADJOURNMENT January 8, 2007 Council Agenda ... .,... .. Pageiv SA COUNCIL MEETING MINUTES DECEMBER 11, 2006 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, ST ATE OF OREGON, DECEMBER 11, 2006. 0015 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Absent Absent Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Development Director Allen, Police Chief Russell, Finance Director Gillespie, Public Works Manager Rohman, Building Official Krieg, City Recorder Tennant Mayor Figley stated that Councilors Bjelland and Cox had previously made arrangements to let the Council know that they would not be at this meeting. 0048 OATH OF OFFICE. Mayor Figley stated that staff had researched the issue regarding Councilor Cox not being at this meeting to be sworn into office and, as a result, it has been determined that Councilor Cox will be sworn into office prior to the next meeting he attends so that he can resume his official duties. City Recorder Tennant administered the Oath of Office to Mayor Figley, Councilor McCallum (Ward Ill), and Councilor Lonergan (Ward V). Mayor Figley stated that it has been a privilege for her to serve as the City's Mayor for the last four (4) years and Councilor for twelve (12) years before her election to the Mayor's seat. She also stated that she is looking forward to the next two (2) years as Mayor since this is a wonderful, progressive, and exciting community to live in and feels that great things will be done within our community over the next two (2) years. Councilors McCallum and Lonergan agreed with comments made by the Mayor and expressed their appreciation to the voters within their Wards for the opportunity to continue their Council positions. 0247 ELECTION OF COUNCIL PRESIDENT. ylayor Figley stated that the City Charter calls for a Council President to be elected after each biennial general election who would preside in the absence of the Mayor and the election of the Council President is to be conducted by ballot. She distributed ballots to the Councilors to name the person of their choice. Page 1 - Council Meeting Minutes, December 11, 2006 1 ... T ." COUNCIL MEETING MINUTES DECEMBER 11, 2006 TAPE READING John Gervais, Woodburn Independent, stated that under Oregon Government Standards and Practices there is no such thing as a secret ballot. Attorney Shields clarified that the election is held regularly under the City Charter and, since the City is required to follow the Charter provisions which were voted upon by the registered voters of the City, the Charter calls for the election to be by ballot. The Charter process calls for the Mayor to gather the ballots, read them, and make the results public. Mayor Figley questioned if the person elected, based on the ballots received at this meeting, needs a majority of the full Council membership or just of the Councilors present. City Attorney Shields stated that a majority of the Councilors present is all that is needed to determine who will serve as Council President. Mayor Figley read the ballots which contained one (1) vote for Councilor McCallum, one (1) vote for Councilor Lonergan, and two (2) votes for Councilor Sifuentez. Mayor Figley declared Councilor Sifuentez as Council President. 0400 ANNOUNCEMENTS. A) Holiday Closures: City Hall offices and the Library will be closed at noon on Friday, December 22, 2006 and will re-open for regular business hours on Tuesday, December 26,2006. The Aquatic Center will be closed on December 24 and 25, 2006. For the New Year's Holiday, City Hall and the Library will be closed on January 1, 2007. The Aquatic Center will be closed December 31,2006 and January 1,2007. B) Mayor's Holiday Concert will be held at the Woodburn High School on Tuesday, December 12,2006, and Thursday, December 14, 2006, beginning at 7:00 p.m.. Mayor Figley gave all of the credit for organizing this event to Councilor Nichols who has been able to line up talented local individuals to perform at this annual musical event. 0490 REAPPOINTMENTS TO BOARDS AND COMMISSIONS. Mayor Figley reappointed the following individuals to serve in their respective positions: Budget Committee: Position IV - Stanley Milne - term expiration of December 31, 2009 Library Board: Position ll- Mary Chadwick - term expiration of December 31, 2010 Planning Commission: Position 6 - Ellen Bandelow - term expiration of December 31, 2010 Position 7 - Richard Jennings - term expiration of December 31,2010 Recreation and Parks Board: Position III - Joseph Nicoletti - term expiration of December 31,2009 Position IV - Rosetta Wangerin - term expiration of December 31, 2009 Posi tion V - Judy Wesemann - term expiration of December 31, 2009 ~layor Figley stated that she will be making some additional appointments at the first meeting in January but felt that it was an appropriate time to reappoint those individuals Page 2 - Council Meeting Minutes, December 11, 2006 2 '....'.., .. COUNCIL MEETING MINUTES DECEMBER 11, 2006 TAPE READING who are already serving in the above positions and have expressed an interest in continuing to serve for another term. MCCALLUMJSIFUENTEZ... Council confirm the Mayor's appointments to the Boards and Commissions as presented. The motion passed unanimously. 0553 COMMUNICATIONS. Mayor Figley informed the public that the Council had received a copy of a letter from Keith Woolen expressing his thoughts on planning issues that had been brought up in a recent Woodburn Independent editorial and his letter, dated December 11, 2006, was addressed to the Woodburn Independent. 0584 CONSENT AGENDA. A) approve the Council work session minutes of November 20,2006; B) approve the Council regular and executive session minutes of November 27,2006; C) receive the Building Activity report for November 2006; D) receive the Planning Project Tracking Sheet dated December 5, 2006; E) receive the Police Department Statistics report for November 2006; and F) receive the certified Election Results for the November 7, 2006 General Election. NICHOLSIMCCALLUM... adopt the Consent Agenda as presented. The motion passed unanimously. 0650 COUNCIL BILL NO. 2650 - ORDINANCE ADOPTING CERTAIN STATE SPECIALITY CODES~ SETTING FORTH THE POWERS AND DUTIES OF THE BUILDING OFFICIAL~ PROVIDING FOR PROCEDURES AND FEES~ ESTABLISHING PENALTY PROVISIONS: AND REPEALING ORDINANCE NO. 2293. Council Bill No. 2650 was introduced by Councilor Sifuentez. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No, 2650 duly passed with the emergency clause. 0751 AUDIT REPORTS FOR FISCAL YEAR 2005-06. Finance Director Gillespie presented the Council with the financial statements for the City of Woodburn and for the Urban Renewal District. Since the City Council is also the Urban Renewal Agency Board, both reports were provided at this meeting rather than calling a separate meeting of the Board for this one business item. He stated that copies of the reports are available on the City's website and at the Woodburn Public Library, In this year's audit report is a new letter from the Auditors directed to the City Council highlighting two itcms whcre they feel internal controls could be improved. It was noted that this lctter is a audit requirement which went into effect this year. The first item in the audit lettcr related to total cash reconciliation and staff will do total cash reconciliation every month beginning with reconciliation of the November 2006 transactions. It was Page 3 - Council Meeting Minutes, December 11, 2006 3 ... T' .. COUNCIL MEETING MINUTES DECEMBER 11, 2006 TAPE READING noted that in the past staff had been doing cash reconciliations every two or three months as time allowed. The second item involved the Auditor's suggestion to have a separation of duties within Municipal Court between those employees who receive money from defendants and those employees who have the ability to make monetary adjustments to fines. He stated that he has discussed this issue with the Judge and, with Court having only 3 staff members, it is not really feasible to totally separate the cash receipting from the ability to make adjustments. He has discussed with the Auditors the ability of a Court computer report with all of the adjustments that are made and then have it viewed by either the Judge or himself, and the Auditors are satisfied that it will meet their concerns. Councilor Lonergan questioned how much a staff member can adjust a citation. Recorder Tennant stated that citations issued provide a bail amount and the Judge has already authorized, through the Traffic Violations Bureau, a set reduction in the bail amount to those defendants who appear at the Court office prior to the date and time of the hearing and elect to plead guilty or no contest If the defendant appears in Court and is found guilty, then the Judge's sentence would be the adjustment to the original bail amount. Periodically, there may be some other minor adjustments made to a defendant's account but the majority of all adjustments are related to the initial judgment amount on the citations. Finance Director Gillespie stated that it was his intent to have a document available with the adjustments authorized by a manager so that an auditor can see that someone other than a Clerk taking the money has authorized the adjustments. He reminded the Council that, even though it may be very routine in nature, it is very important for the City to have annual audits in order to give the Council, management staff, and the public an opportunity to review the financial records of the City. 1212 PERIODIC REVIEW WORK TASK REMAND ORDER. Mayor Figley referred to the staff report in the agenda packet and commented on the one remand that dealt with having street standards that may call for 24, 29, or 34-foot wide streets but the Department of Land Conservation and Development (DLCD) feels that it should be no more than 28-feet wide. She was surprised that street width would be of state-wide concern and she, along with staff, would recommend appeal of this issue, Councilor McCallum questioned if street width is mentioned in State law or administrative rule. Community Development Director stated that street width is a discretionary standard and is a minimized street concept. He felt that DLCD did not like the way the City had addressed the concept in the Periodic Review document which is why it was included in the remand order. Under the remand process, the City would submit information to the DLCO for an eventual hearing before the Land Conservation and Development Commission (LCDC). The City is already on the LCDC agenda for a hearing during the latter part of January 2007 on the referrals that the DLCD staff did not make a decision on relating to the commercial and industrial lands within the proposed urban growth Page 4 - Council Meeting Minutes, December 11,2006 4 ... T" .' COUNCIL MEETING MINUTES DECEMBER 11, 2006 TAPE READING boundary and this item, if appealed, would most likely be addressed by the LCDC at the January meeting. LONERGAN/NICHOLS... instruct staff to prepare an appeal process of item number 4 and authorize the City Administrator or his designee to submit the appeal documents. The motion passed unanimously. 1513 MARION COUNTY INTERAGENCY METHAMPHETAMINE DRUG TASK FORCE. Police Chief Russell provided background information on the Marion County's efforts to obtain funding for methamphetamine enforcement which would include prevention, intervention, and education. Marion County has been able to raise about $300,000 and they have offered some grants to agencies in an effort to create a Task Force to attack this problem for at the least the next lO months. There is an opportunity for additional funding for this program through sources they have already generated funding through in addition to other state grants that will be made available. The City is also working on a Weed N Seed grant that could provide the City with funding sources to assist with this program. Agencies being offered an opportunity to participate in receiving grant funds are Salem, Keizer, Woodburn, and Marion County. According to the District Attorney, County Sheriff, and Police Chiefs from Salem and Keizer, Woodburn is a key member in making this Task Force work since they feel that there is a very strong connection between the drug trafficking organizations in Marion County and all of the major agencies need to be involved. If the City would accept the funding, we would need to hire another officer to fill the patrol officer position that would be vacated when a current officer is assigned to the Task Force. He would anticipate being able to make the assignment in February 2007 without putting a drain on the service level currently being provided to our community. NICHOLSIMCCALLUM... accept the grant funding from the Governor's Blue Ribbon Task Force in order to provide a Meth Strike Force investigator. The motion passed unanimousl y. 1770 W ASTEW A TER RATES. Mayor Figley referred to the staff report which provided background information on the need to begin review of wastewater rates. The current rate structure was established in 1995 but current funding needs for facility upgrades, loan repayments, and operations requires some additional revenues to meet necessary budget appropriations. Staff recommended the appointment of a Citizen Wastewater Rate Advisory Committee to participate in an interim rate study evaluation and authorization to obtain the services of a professional consultant to conduct the interim rate study. ~ICHOLS/LO~ERGAN... staff initiate the steps needed to implement a wastewater rate increase, for the Mayor to appoint a Citizen Wastewater Rate Advisory Committee, and the City Administrator be authorized to enter into an agreement for professional Page 5 - Council Meeting Minutes, December 11, 2006 5 ... '!' .' COUNCIL MEETING MINUTES DECEMBER 11, 2006 TAPE READING services to conduct an interim rate study to address operational, facilities planning, and some construction funding needs in the Wastewater Funds. The motion passed unanimously. 1925 ACCEPTANCE OF PUBLIC RIGHTS-OF-WAY ON PAYNE STREET. Warranty Deeds were submitted by the following property owners for the purpose of expanding the width of the currently unimproved public right-of-way from 40-feet to 50- feet which would then allow for the future construction of Payne Street: Michail & Raisa Gladkiy, Ivan & Yevgeniy Keptya, Pavel Saverchenko, Isaias Hernandez, and Pedro Marinez Hernandez. LONERGANIMCCALLUM... accept the warranty deeds for public right-of-way as described in the attached map. The motion passed unanimously. 1964 APPOINTMENT OF ADMINISTRATOR PRO- TEM. NICHOLS/MCCALLUM... appoint Police Chief Scott Russell as Administrator Pro Tern for the period of December 13,2006 through December 23, 2006 and Finance Director Gillespie as Administrator Pro Tern for the period of December 24, 2006 through January 1, 2007. The motion passed unanimously. 2038 CANCELLATION OF DECEMBER 25.2006 REGULAR COUNCIL MEETING. MCCALLUMlNICHOLS... City Council meeting for December 25, 2006 be cancelled. The motion passed unanimously. 2090 CITY ADMINISTRATOR'S REPORT. 1) Administrator Brown stated that there is no need for the Executive Session regarding labor negotiations since he has nothing to report to the Council on at this time. 2) He also wished the Mayor, Council, staff, and general public a happy and safe holiday season. 2136 MAYOR AND COUNCIL REPORTS. Councilor Nichols invited the public to attend the Mayor's Holiday Concert on December I ih and 14th with each perfonnance to be held at Woodburn High School beginning at 7:00 p.rn" He also wished everyone a safe and happy holiday season, Councilor McCallum invited the public to view the large beautiful Christmas trees at Woodburn Company Stores, Settlemier House, and Downtown Plaza. Councilor Sifuentez thanked the citizens of Woodburn who have decorated their homes for the public to enjoy during this Christmas season. She also wished everyone a Merry Christmas and Happy New Year. ~layor Figley also wished everyone a happy holiday season. Mayor Figley stated that Attorney Shields had infonned her just prior to this meeting that there was no need for an executive session regarding litigation issues. Page 6 - Council Meeting Minutes, December 11, 2006 6 ...' 1f'" .. COUNCIL MEETING MINUTES DECEMBER 11, 2006 TAPE READING 2224 ADJOURNMENT. NICHOLS/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 7:40 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Wood bum, Oregon Page 7 - Council Meeting Minutes, December 11,2006 7 ... "It" .. 8B WOODBURN PLANNING COMMISSION MEETING MINUTES December 14, 2006 CONVENED The Planning Commission met in a regular session at 7:00p.h1~ 1!1 City Hall Council Chambers with Vice-Chairperson Bandelow presiding. Commissioner Jenninqs led the salute to the flag. Vice-Chairperson Bandelow questioned members of the Planning Commission having potential conflicts such as family, financial, or business relationship with, any of the applicants or with , regard to the project in question. If such a potential conflict e~ists, she asked whether the commissioner in question believes he or she is without actyal bias or whett)er he or she would like to step down from the Planning Commission during !be case.}l ,~, .;_. ":r/f Vice-Chairperson Bandelow announced: agenda is avanabl~ at the back of the room. We will consider cases one at a time according to the order listed in the ag~f(da. We will follow the hearing procedure outlined on the public hearing procedure boardi\Al! persons wishing to speak are requested to come to the podium and give their name andaddre$~:"Any individuals speaking from other than the podium will not be recognized. f ROLL CALL Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Lima Bandelow GrosJacques Vancil Grigorieff Hutchison Jennings A P P P P P p, Staff Present: Jim AII~n - Community Development Director Jason Richling - Associate Planner MINUTES A. Woodburn Plannln9 Commission MeetinQ Minutes of October 26, 2006. Commissioner Jennihqs moved to accept the minutes. Commissioner GrosJacaues seconded the motion, which unanimously carried. BUSINESS FROM THE AUDIENCE None, COMMUNICATIONS A. Woodburn City Council Meeting Minutes of September 25, 2006. B. Woodburn City Council Meeting Minutes of October 9, 2006. C. Woodburn City Council Meeting Minutes of October 23,2006. D, Woodburn City Council Meeting Minutes of November 13, 2006. No comments made. Planning Commission Meeting December 14, 2006 Page 1 of 7 8 ... ... ...' .. PUBLIC HEARING Vice-Chairperson Bandelow asked the Planning Commission if there are any e*parte contacts, conflicts, challenges or declarations.' ';%'1\~.. ;- .~-, Commissioner Hutchison stated that he has attended services at this e~rticular churchb4t not a full member/r . .,1:> A. Conditional Use 06-02, Design Review 06-10, Variance 06-11, Variance 06-12, and SWOD 06-01, Request for conditional use and design re"iew approval to construct a 47.. .' stall off-street parking lot at the southwest corner of tl1~. intersection of Lincoln and Gatch Streets in the RS zone, variance to the buffer wall r~uirement fOI"Q,ff street parking for a house of worship, variance to the boundary and cphnecting streetjrt,provement standard for Lincoln and Gatch Streets, and Significant Wetland OverlaYOtstrict permit approval 4f to allow development on a parcel that has a portion of significant wetland MC-3B on it. ,/ ;1 (Staff recommends approval of Conditional use 06-02, DeslOJ1.Review 06-10, Variance 06-11, Variance 06-12, and SWOD 06-01 subject to the con(:iitfoJlS of approval listed in the staff report.) r ''::\t" ',.t' Associate Planner Richlino read th.e appropriate ORS and proceed~ with the Staff Report. .. STAFF REPORT The subject property is located on the l:;Ol,lthwestcorner of the intersection of Lincoln and Gatch Streets, Identified as tax lot #3800 on ttle'Marion County's Tax Assessor's Map Township 5S Range 1"" Section 18AA. The proposed lot will provide additional off-street parking to the Mid-VaHey Community Church: The main church sanctuary is located at 591 on Gatch Street. The local wetfands inventory shows significant wetland MC-3B located on the western portion of the subject property. The 100-year Mill Creek floodplain intersects with the western portion of the site. Properties to the north across Lincoln Street, southeast across Gatch Street and west of the subject property are zoned RS and are designated residential less than 12' units per acre on the comprehensive plan map. Properties to the north are vacant or developed with single-family dwellings. Property to the south is developed as a parsonage for the Mid-Valley Church facility. The adjacent property to the northwest is developed with a single-family dwelling, The properties to the immediate west and southwest are currently vacant. The applicant proposes to construct a 47-stall off-street parking lot at the site. Woodburn Development Ordiflance permits off-street parking in conjunction with a non-residential use in the residential zone to be located within 200 feet of the lot containing the primary use. The proposed lot is 153.5 feet away from lot that contains the Mid-Valley Church sanctuary structure. The lot is 1.798 acres in area and is a relatively flat bench, which is located on the eastern portion of the site, The graphics show the contour of the site, Viewing the topography, it shows the Mid- Valley Church being to the south, parsonage immediately to the south of the parking lot side, which shows a 2% grade at most. However to the west of that point, the Mill Creek drainage drops approximately 14 feet, which is a very steep slope. Planning Commission Meeting December 14, 2006 Page 2 of 7 9 ... T .' The site is in an appropriate location for the lot given the topography arJd proximity to the existing church. The parking lot expansion includes new landscapin9,>s~reet trees and irrigation, In addition, the applicant proposes site lighting and two pedestii~(1 connections of the Mid-Valley Community Church on the south side. ,!"~ ~, '-.. ,1;1' ':i;. , The applicant has provided the wetland delineation with this groposal showingthe:6", parking lot avoiding significant wetland MC-3B and the Oregon Department of state Lands (DSL) has concurred with the finding, The applical1's request met all the applicable standards of the WOO with the exception of providing a 7-foot buffer wall on the south and west property boundaries of the site and'meeting the boundary and connecting street improvement requirement from Lincoln and Gatch Streets. /,:;1 The applicant requests a variance to waive the 7-loot buffer wal~l'equirement along the ", ' ,A' south property line of the subject site and a variance to. the bopndary and connecting street improvement requirement from Lincoln and Gatch Streets. which are designated service collectors in the Woodburn TSP. r The subject property and the abutting parcels to the south are all tOned RS. Section 2,203.13C2 provides off-street parking in conjunction with a house of worship to be screened from an abutting residentlalzone uses with a 7 -foot bric~,~ architectural wall. A wall isn't recommended on thesQ,uth property line because it is part of the Mid-Valley Church complex developed as a parsonage directly serving thEli,church. To the west there is an existing single-family dWeRing located 123 feet froq1'the parking lot location. To the west and southwest the Mid-Valley church is 350 feet from the single family home, The site is going to be heavily landscaped. There is a row of 7 Italian Cypress' as well as several Columnar Maple trees. This wirt create,a more permanent buffer visually from the west. In addition, ifthef)uffer wall is to be constructed on the property line on the west side, there would be a '14 foot of elevation pifference and it would not screen the parking lot.. The heavy land$caping will be adequate to screen the abutting residential uses. Staff supports the applicant's variance request for the wall. The applicant also requests variance for the boundary and connecting street improvements for Lincoln and Gatch Streets, designated for service collectors in the Woodburn TSP. Cross-section for a service collector is 74 feet right of way, 48 feet improved surface with 6 feet bike lanes, 4 Y:z parkway strips and 6 feet sidewalks on both sides. Lincoln and Gatch Streets are not currently improved to that standard. Lincoln Street is improved to a 32 foot paved surface, 4 foot wide alternating curb line and property line sidewalk on the north side within a 50-foot right of way. Gatch Street is currently improved to a 28 foot improved surface, 4 foot property line sidewalk, 2 foot planter strip on the east side and a 5 foot curb line sidewalk abutting the property on the west side. The right of way varies substantially at 40 feet wide on the south property line and 90 feet wide on the north side, The north side exceeds the right of way. One of the requirements of the variance is to dedicate additional right of way to taper dedication at the location with a 37 -foot centerline and a 12-foot right of way dedication on the north end. To provide for the right of way, improvements are being made for various reasons. The Woodburn Transportation manager has commented that it would not require a transportation traffic impact analysis with the project because it is accommodating the existing congregation and not an expansion. Planning Commission Meeting December 14, 2006 Page 3 of 7 10 T' .. The existing church parking cannot accommodate the church's existing congregation, It is not adding new traffic and the proportionality did not commensurate with a full street improvement. Hardship in general was created by residential developn'lEmt abutting Gatch and Lincoln Streets prior to the designation as service collectors. ~ final draft of the Woodburn TSP update, proposes changes to service collectors and reclas$ifies Gatch Street from a service collector to an access street, whicq, will not have a:74-.foot right of way, There is uncertainty of the updated Woodburn TSP and the implementatipn of the base improvements. As a condition of approval the applicant and property owner will be required to sign a non-remonstrance agreement with the City to facilitat~ future str~et improvements adjacent to the property. The applicant is proposing a sidewalk on the north side of the pn:1perty on Lincoln Street to create a pedestrian connection. it He concluded the presentation, recommended approval of the application and was available for questions. Commissioner Vancil asked about the wan along the west side of the property and illumination caused by the parking lot lights in a residential area.. \'. Associate Planner Richlinq stated that there i$a possibility of illt;JfT1ination. The landscaping would be located at the top most of the slope; Vice-Chairperson Bandelow invited the applicant to the podium for additional commentary. Pastor Bud Inmah stated that he had nocomm.ents to make. Vice-Chairoerson Bandelowinvited Proponents of the application. None. Vice-Chairoerson Bandelow invited Opponents of the application. None. Vice-Chain:>erson Bandelow closed the hearing and opened for discussion amongst the Planning Commission members Commissioner Jenninos stated that Mid-Valley Church currently uses that portion for parking and is submitting request to make the necessary improvements to comply with the WDO. Commissioner Vancil stated that the concerns have been met in taking the surrounding neighbors' consideration with the landscaping. Commissioner JenninQs made a motion to approve Conditional Use 06-02, Design Review 06-10, Variance 06-11, Variance 06-12 and SWOD 06-01 ,with staffs facts and findings to support the decision and addition of the non-remonstrance agreement requirement to the conditions of approval, seconded by Commissioner Hutchison. Planning Commission Meeting December 14, 2006 Page 4 of 7 11 .... .. ROLL CALL Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Lima Bandelow GrosJacques Vancil Grigorieff Hutchison Jennings yes yes yes yes yes' yes J :;: Commissioner JenninQs moved to accept the Final Of.d~r for approval of Conditional Use 06-02, Design Review 06-10, Variance 06-11, Variarfce 06-12 and SWOD 06-01. Commissioner GrosJaCQues seconded the motio~"which passedVr'lanimously. ,;(;< ITEMS FOR ACTION A. Cancel Planning Commission Meeting for December 28, 2000, Commissioner GrosJaCQues moved to cancel the December 28~ 2006 Planning Commission meeting. Commissioner JenninQs seconded the motion, which passed unanimously. DISCUSSION ITEMS A. Agenda Item 12C, Period Review TasJ<Force, 'T ~:r Community Development Director Allen ~~f~,qi,tl1at each Planning Commission member was given a package of information thalwa$'j~ubmitted to City Council at their Monday, December 11 t 2006 meeting. The package: cor)tains the Period Review Decision and approval of nearly aU items that the City recommended. It also referred the Transportation Plan and Urbpn Growth Boundary to the Land Conservation Development Commission (LCDC) and they will be holding a hearing on that review at the end of January 2007. He stated that there were numerous background discussions for the facility planning. There were three issues remanded, which discussed transit, street widths and the 600 foot block standard between streets with a provision that allows that with special circumstances, primarily with pedestrian access. The discussion on the street widths is the new WOO standard for residential streets, which was a 24-foot wide street with no on-street parking; a 29-foot width street with one side with on-street parking and a 34-foot street with parking on both sides. The staff at LCDC stated that it did not meet the "minimized right of way widths" concept that is in the Transportation Planning Rule. There is no measurable standard in the Transportation Planning Rule to meet the "minimized width". The LCDC report did not provide clarity as to what would meet the "minimized standard". Discussions with LCDC staff concluded that the 34-foot standard is the only standard that a developer would choose. After submitting the reports to City Council, it was recommended by Woodburn staff to appeal that decision specifically addressing the minimized street width standards due to the existing street standards and LCDC report being incorrect and vague. Currently the Planning Commission Meeting December 14, 2006 Page 5 of 7 12 T' "" appropriate documents are in process to Salem to perfect the appeal to q~ heard with the other Commercial and Industrial lands issue at the January 2007 LgDC hearing. At this point the participants are limited to parties that are part of the pro~edings that have submitted testimony in writing and would be allowed to testify at the hearing. The hearing is to be held on January 25-26,2007. /' , ,l Currently the LCDC staff is agreeing in principal with the methodology that the City used, to calculate the Industrial/Commercial lands needs and th~ Urban Growth Boundary. They forwarded the report to the Commission because those were the issues that the ten opponents had contested. Commissioner Vancil asked about a late Januarypr late Februarytmeeting to discuss the TSP and have a Workshop, ',,7 .ill Commissioner Jenninqs mentioned that previously a task for1e was to be formed to discuss the WOO, ;~~ ~-"n '" ':",%-, Community Development Director Allen stated that both topiC$'werevery worthy discussions to have with staff and would contact the appropriatedeB~ments. With regard to the TSP and street improvements. the staff is reviewingthWif requirements of a variance and looking at making this an administrative decisJon without having the applicant submit for a variance" .. Vice-Chairperson Bandelow stated that~here shouJd be com~'iete discussions on the TSP due to the standards that are required for some projects and other projects are not required to make street improvements. '/' Commissioner Vancil requested that the Planning Commission discuss the issues with the Transportation ManageJ'. Randy Rohman. REPORTS A. Planning Tracking Sheet Community Development Director Allen stated that the items for the Mid-Valley Community Church On the Tracking Sheet were one in the same and were addressed. B. Building Activity Report for October 2006 and November 2006 No comments. BUSINESS FROM THE COMMISSION Vice-Chairperson Bandelow stated that there is an issue with placing a temporary sign because a section of the building needs to be completed before placing a moment sign. Although certain businesses on Hwy 99 will have multiple types of signs as well as some downtown businesses placing too many signs on the windows, which could be a sign ordinance violation, She further stated that the same businesses continue to commit the same violations and Code Enforcement should be doing follow-ups so that it does not continue. Planning Commission Meeting December 14, 2006 Page 6 of 7 13 T' ~ ;/ She requested that enforcing the sign ordinance be done equally throu~hout the City. ~':y. Community Development Director Allen stated that staff has constantco~ct with those businesses using the City's process. The business gets a letter a,dvising, the'm about their violation and supplying them with information and allowil1Q,them time to comply with the ordinance. The next step is doing a follow-up letter and forWarding to Code . Enforcement and that department has the ability to cite them for the violation. Following the procedures assures that the citations willt:'>~' validated when they appear before the judge, The staff is assuring that all the proper steps have been taken including allotting a time frame to comply with the o~dinance. ji Staff is patrolling the main streets at this time, wher~ majority oOhe non-permitted signs are located. Associate Planner Pike-Salas is also working on.~tgn permits. This is a daily task for Planning. .,;<l 'il: :;;' "l, ADJOURNMENT Commissioner Jenninqs moved to adjol)rn the meeting. Commission~ Griqorieff seconded the motion, which unanimously carried. Meeting adjoull'l$f'at 8:20 pm. APPROVED CLAUDIO LIMA, CHAIRPERSON Date ATTEST Jim Allen Community Development Director City of Wood bum, Oregon Date Planning Commission Meeting December 14, 2006 Page 7 of 7 14 .. T" .. Revis8d: W ..k~;~',,~~: Project Applicant Description Status: Date Deemed 120 Day Planner Referrals Facilities Mail Notice Notice to Post Sit Rpt Due PC Hearing PC Final Appeal Received Complete Date Meeting for PC Paper Property Admin Dec. Order Deadline SiteLocation: CU 2006- Mid-Valley Parking lot construction. Approved-Appeal 07/06/2006 11/22/2006 03/22/2007 Jason 10/12/2006 11/24/2006 12/04/2006 12/0712006 12/14/2006 12/14/2006 12/26/2006 02DR 06-10, Community Period Richling VAR 06-11, Church VAR 06-12, SWOD SW Corner of Lincoln SI. and Gatch SI. CU 2006- Robert Redevelopment of Received 12/22/2006 Breah Pike- 12/26/2006 05DR 2006-18 Barsocch/ni existing (fanner) IGA Salas store ~ 948 Pacific Hwy (99E) OR 2006- Mid-Valley Off street parking lot for Approved-Appeal 07/06/2006 11/22/2006 03/22/2007 Jason 10/13/2006 11/24/2006 12/04/2006 12/07/2006 12/14/2006 12/14/2006 12/26/2006 10CU 06-D2, Community Mid-Valley Community Period Richling VAR 06-11, Church Church VAR06-12, SWOD 06-Dl SW Corner of Lincoln SI. and Gatch SI DR 2006-12 Brandon Drive-Thru Coffee Shop Received 07/24/2006 12/07/2006 04/06/2007 Breah Pike- 12/08/2006 Eastman Salas I-' en 1535-1575 MI. Hood Avenue M37 2006-D 1 Delbert Waiver of all land use Received 09/27/2006 09/27/2006 01/25/2007 Jim Allen 10/13/2006 Gollsacker restrictions or in lieu of compensation 500-510.514 N. PacifIC Hwy PLA 2006-D3 Larry and Received 12/11/2006 12/19/2006 04/1812007 Breah Pike- 12/19/2006 ~ Donna Salas GrosJacques ., 1053 and 1075 Young Street PLA 2006-04 Luis Quintero Remove property line Received 12/11/2006 Jason Richling 523 N, Front and 503 N. Front SI. SUB 2006- Murphy/Stasca 6-Lot Subdivision of Received 10/0212006 12/08/2006 04/07/2007 Jason 10/16/2006 01/04/2006 02VAR 2006- usky Vacant Parcel Richling 15, VAR 2006- 16 344 Hardcastle Ave 8D CITY OF WOODBURN Community Development MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5250 Date: January 2, 2007 To: Jim Allen, Community Development Director From: Building Division Subject: Building Activity for December 2006 2004 2005 2006 Dollar Dollar Dollar No. Amount No. Amount No. Amount New Residence Value 6 $1,099,449 8 $1,402,444 1 $200,080 Multi Family 0 $0 0 $0 0 $0 Assisted Living Facilities 0 $0 0 $0 0 $0 Residential Adds & Alts 2 $10,220 1 $2,000 4 $118,230 Industrial 0 $0 0 $0 0 $0 Commercial Value 13 $543,545 7 $7,642,205 4 $389,400 Signs, Fences, Driveways 6 $26,145 1 $7,500 1 $1,600 Manufactured Homes 1 $25,000 0 $0 0 $0 TOTALS 28 $1,704,359 17 $9,054,149 10 $709,310 Fiscal Year (July 1- $15,565,919 $23,675,842 $8,217,154 June 30) to Date I.\CommuMy DevelopmentIBu.ld.ngIBu.ldlng Activlty\BldgAct-2006IBldg ActivIty, MemOSlat'6 - December 2006.wpd ~- ... / k:''\ ~..M........ ~ .... . WQ.Q.DBURN fncClrparat.!.,1 '8"" 8E ~~ . . January 4, 2007 TO: Honorable Mayor and City Council through City Administrator FROM: Public Works Program Manager SUBJECT: Traffic Impact Fee Update Study Consultant Selection RECOMMENDATION: Receive the report. BACKGROUND: The Traffic Impact Fee (TIF) System Development Charge (SDC) was last updated in an October 1999 study. Ordinance 2248 then established a revised TIF rate structure based on the study. With the completion of a new City Transportation System Plan (TSP) in October 2005 and it inclusion in the recently completed periodic review process it is appropriate to update the 1999 T1F rate structure. The updated TSP includes an Interchange Area Management Plan that established a desired trip generation target for an area proposed for urban growth boundary (UGB) expansion along with designated parcels in the current UGB. The update will look at potential for a different fees system for this area. City staff complied with the applicable public contracting requirements and requested competitive proposals for completion of the SDC update. The City received two proposals in response to the request. They were from: . Don Ganer and Associates . Financial Consulting Solutions Group, Inc. DISCUSSION: Both of the responding firms have completed SDC studies for the City in the past and the City was satisfied with their previous work. Proposed project managers from both firms have worked with City staff previously. The proposals were , ~ ~( Agenda Item Review: City Administrator ..' (4 City Attorney! 'If .:-) Financ& 17 '9" . .. Honorable Mayor and City Council January 4, 2007 Page 2 . . evaluated by Public Works staff. The result of that evaluation was that Financial Consulting Solutions Group, Inc. was selected for the study. Based upon this selection, the City Administrator will execute an agreement for professional services with Financial Consulting Solutions Group, Inc. in an amount not-to- exceed $27,310. FINANCIAL IMPACT: Budgeted funds for the Transportation Impact Fee Fund will be utilized for the TIF review. 18 ... "T" .. ~ WOODBURN (n'orr~ral(J 's~~ 8F ~~ . . January 3, 2007 FROM: Honorable Mayor and City Council through City Administrator A;J .4- Public Works Program Manager 4 ~ TO: SUBJECT: Environmental Protection Agency Final Drinking Water Rule for Groundwater FOR INFORMATION: The Environmental Protection Agency (EPA) promulgated the final Ground Water Rule (GWR) in October 2006. EPA had proposed the GWR in May 2000 with the stated purpose of reducing the risk of exposure to fecal contamination that may be present in public water systems that use groundwater sources. The six plus year delay in promulgation of the GWR resulted from concerns expressed by water systems and professional associations representing public water suppliers. The City of Woodburn is one of more than 147,000 public water systems nationwide that use groundwater as a drinking water source. Compliance with the GWR is not required until December 2009. Staff will be monitoring implementation of this rule closely and will provide Council more information as the implementation schedule proceeds. The GWR is vague in many respects with critical details to be filled in later through guidance documents from the EP A. EP A has indicated that the rule will provide the state implementing agency, Oregon Drinking Water Program (DWP), with implementation flexibility. Unlike previous drinking water regulations the GWR lacks any specific numerical values for triggering its "corrective action" treatment technique. There is no well defined compliance path in the new rule. How the rule will effect state drinking water systems that utilize groundwater as a source will be spelled out in seven guidance documents that will be prepared by EP A over the next two years prior to implementation of the rule. These critical guidance documents will be utilized by the Oregon DWP to provide direction to the City and other state groundwater systems on how they will implement the new GWR. Agenda Item Review: City Administrator ',,'C:," City Attorney Finance 19 ... ."..., ". Honorable Mayor and City Council January 3, 2007 Page 2 . . The rule addresses groundwater risks through what the EP A describes as a "risk- targeting" approach. The agency approach relies on five major components that are: 1. Periodic surveys of groundwater systems that require the evaluation of eight critical elements and the identification of significant deficiencies. The Oregon DWP must complete the initial survey by December 2012. The eight critical elements are: . Source . Treatment . Distribution System . finished Water Storage . Pumps, Pumping facilities and Controls . Monitoring, Reporting and Data Verification . System Management and Operation . Operator Compliance with State (Oregon DWP) Requirements 2. Conduct source water monitoring for pathogen indicators (E. Coli, enterococci or coliphage) when triggered by certain conditions. The source water monitoring requirements are effective in December 2009. There are two monitoring provisions: . Triggered monitoring for drinking water systems that have a total coliform positive sample under the Total Coliform Rule sampling in the distribution system. Note: The City has occasionally had such positive samples. The required City response that would be required for such an event is not clear and will be spelled out in forthcoming guidance documents. . Assessment monitoring that will allow the state (Oregon DWP) the option to require systems, at any time, to conduct source water monitoring to help identify high risk systems. 3. Corrective actions required of any system with a significant deficiency or source water fecal contamination. The system must implement one or more of the following correction action options: . Correct all significant deficiencies, . eliminate the source of contamination, . provide an alternate source of water, or . provide treatment which reliably achieves 4-Log (99.99%) inactivation or removal of viruses. 20 ... T'" ..' Honorable Mayor and City Council January 3, 2007 Page 3 . . 4. Compliance monitoring to ensure that treatment technology installed to treat drinking water reliably achieves 4-Log (99.99%) inactivation or removal of viruses. 5. Upon state (Oregon DWPj request, provide information to assist their performance of a hydrogeologic sensitivity analysis that is defined as "a determination of whether groundwater systems obtain water from a hydrogeologically sensitive setting." It is difficult at this time to determine exactly the impact that the GWR will have on the City. The seven guidance documents anticipated over the next two years will provide much more information on the impact on the City. The Oregon DWP currently does not have sufficient staff to conduct the sanitary surveys required by the rule and will have to work through the state budget process to obtain the additional staffing for this program. The City has for many years conducted total coliform testing at each of the wells although such testing is not required. Although the City has had occasional total coliform positive samples in the distribution system there has never been a positive coliform sample from a well. The City participated in a study in 1999 sponsored by the American Water Works Association Research Foundation that tested one City well as part of a nationwide survey of a limited number of wells nationwide for the occurrence of viruses. The testing was for the indicators of fecal contamination, E. CoiL enterococci or coliphage, which portend the presence of viral and bacterial pathogens. Again this testing, although limited to one City well, did not find any indicators of viruses present in the water sample provided from the City well for the research study. The fact that the GWR lacks any specific numerical values for triggering its "corrective action" treatment technique has made it a contentious rule and had delayed its final promulgation. It is hoped that the EPA guidance documents will clarify what is now a vague rule. Staff will continue to monitor information on the continuing implementation of the Ground Water Rule and will advise Council of the impacts on the City drinking water supply as additional guidance is received from both EPA and Oregon DWP. 21 ... T" .. ~':""""" . ...... .A . . ,. WQQ.DBURN Iff(J,pOrtllfa 1889 8G ~~ . . January 4, 2007 TO: Honorable Mayor and City Council through City Administrator FROM: Steven Patterson, Recreation Services Manager SUBJECT: Weed and Seed Draft Grant Application RECOMMENDATION: Receive the report. BACKGROUND: In June of 2006, the Woodburn City Council approved the Letter of Intent to submit an application for federal funds under the U.S. Department of Justice Weed and Seed Initiative. Per the grant application guidelines, this draft grant application must be submitted to the U.S. Attorney's Office (Oregon District) for review before it is authorized to be submitted to the U.S. Department of Justice for final consideration. DISCUSSION: In February, 2006, representatives from the Woodburn Police Department and Recreation and Parks Department attended a conference in Birmingham, Alabama, sponsored by the U.S. Department of Justice to learn more about the Weed and Seed funding program. Following this training, staff hosted meetings open to the community to identify the potential for initiating a Weed and Seed Strategy. The Weed and Seed Strategy is outlined in the grant application, and if approved, will become the basis for the Weed and Seed activities in Woodburn. Per the guidelines established by the U.S. Department of Justice, the application must be reviewed by the local U.S. Attorney's Office prior to final consideration by the U.S. Department of Justice in Washington D.C. The deadline for submitting the draft application to the U.S. Attorney's Office is January 9, 2007. A final grant application will be generated following review by the U.S. " . Agenda Item Review: City Administrator ~ City Attorney ~ Finan ",,'--""} 22 ... T'<< .. Honorable Mayor and City Council January 4, 2007 Page 2 . . Attorney's Office, and it will be made available for City Council review and/or approval prior to being submitted. The entire application is over 40 pages. Attached for your information are the first three pages including an executive summary. FINANCIAL IMPACT: The recommended action will have no financial impact on current or future budgets. However, the City of Woodburn could receive a grant for $175,000.00 in the first year of funding. It is possible that the City of Woodburn could receive a total of $1,000,000.00 over a five-year period if the Woodburn Weed and Seed proposal is funded. 23 ... T' ,. '" APPLICATION: FY 2007 WEED AND SEeD COMMUNITIES I. NAME AND LOCATION: Site/Neighborhood Name: WOODBURN COMMUNITY WEED AND SEED City: WOODBURN State: OREGON USAO District: DISTRICT OF OREGON Proposed Weed and Seed Site - Basic Description: Approximate size of site: 5.2 Square miles 21,736 Population Is this an area in a jurisdiction with an existing Weed and Seed site? NO If so, provide site name: N/A Identify specific boundaries of the designated focus area: Provide the street name/numbers that border the designated Weed and Seed area. West Boundary: South Boones Ferry Road East Boundary: Pacific Highway (99E) South Boundary: Parr Road North Boundary: Crosby Road Indicate the census tract #'s (CT) included in the site: Complete CT's 103.01. 103.03. 103.04. and 103.05 Partial CT's N/A. Map of the designated focus area: Provide a map of the proposed site delineating its perimeter, and showing its relation to the city or county, as appropriate. Rural or Indian Tribe/Tribal community: Yes No ~ II. EXECUTIVE SUMMARY: Concise statement framing project rationale and scope, together with the focal elements of the primary Weed and Seed efforts. (Keep to 1-2 pages, Use "bullet format" to capture key points/elements.) The mission of the Woodburn Police Department is to "be a leader in law enforcement by providing continuous and innovative improvement in service to our community, building partnerships, and valuing the members of our community", During the previous year, the Woodburn Police Department, in partnership with local, county, state and federal agencies and organizations, has worked diligently to create the Woodburn Weed and Seed Strategy. The strategy is to identify and mobilize resources, and allocate them to address the most pressing needs present in our community. The Woodburn community has seen a steady increase in juvenile crime in recent years. Two common themes affectinQ iuvenile crime that have emeraed are: vouth Qanq involvement, and the 24 ... '''11''" .. affects of drug abuse, especially Methamphetamine, on children and their families. The most serious and unmet needs of Woodburn are the reduction of gang and drug related violence, coupled with a need for an increase in the services that support residents in ways that help them achieve a higher quality of life. Social factors including discrimination, poverty, cultural and language differences, and low education rate are challenges that continue to face Woodburn. There are a very high number of children in poverty, and these children have been identified to be most at-risk of becoming involved in gangs and of becoming drug users, and eventually becoming juvenile or adult offenders. The Steering Committee has prioritized meeting the developmental needs of these children and their families. The Steering Committee also analyzed the services available to residents, and concluded that there is definitely a need for more and better coordination, networking, and referrals; especially in the arenas of law enforcement and community policing, health, recreation, housing, and education. Through the Weed and Seed Strategy, the community of Woodburn hopes to: . Identify gaps in services that are essential to successful re-entry to the community. . More effectively identify the children and youth who have the highest level of risk factors that push them into gangs; including but not limited to: family factors, peer groups, social deficits, lack of family opportunities, school problems, and juvenile delinquency. . Enhance the capacity of the community to provide preventative programming for children and youth. . Enhance the economic viability of the community through sustainable employment. . Enhance the law enforcement capabilities in regard to violent gang and drug activities. To accomplish these goals, the Woodburn Weed and Seed Steering Committee has been formed. This committee is identifying existing resources, coordinating efforts, and re-deploying resources to more effectively address the needs of the community. Our commitment to making progress in Woodburn is best evidenced by our participation on the Marion County Methamphetamine Strike Force, the creation of the Woodburn Police Department Community Response Team, and the provision of preventive recreational activities for youth through the Woodburn Police Activities League. These accomplishments are viewed as an initial step toward making Woodburn a safe and healthy place to live. The Woodburn Weed and Seed Steering Committee is excited about the opportunity to continue our valuable partnership, and are confident that we will continue to provide meaningful and successful programs and services that will enhance the quality of life for Woodburn residents. We are committed to continuous and innovative improvement in law enforcement service to our community, by building partnerships, and by valuing the members of our community. Please help us reach our mission. Organization Composition: Cit of Woodburn Name Kath n Fi Ie Walt Nichols Richard S'elland Pete McCallum Jim Cox Frank Loner an Position Ma or Cit Council - Ward 1 Re resentative Cit Council- Ward 2 Re resentative Cit Council - Ward 3 Re resentative Cit Council - Ward 4 Re resentative Cit Council - Ward 5 Re resentative 25 9" '" ''''.. Elida Sifuentez John Brown Scott Russell Vacant Ci Council- Ward 6 Re resentative Cit Administrator Chief of Police Communit Services Director St c Ott eenna omml ee: Name Organization Position Resident (Yes or No) Karin Immergut U,S. Attorney's Office U.S. Attornev No Bill Etter U,S, Drug Enforcement Drug Demand Reduction No Administration Coordinator CraiCl Christoff Woodburn TOClether President Yes Bob Jester Oreaon Youth Authoritv Director No Carmen Ramirez Farmworker Housing Director of Services & Yes Develooment Corporation Communitv Oraanizer Dan Murphy Marion County Director No Commission on Children and Families Walt Blombero Woodburn School District Suoerintendent Yes Karen Armstrona Woodburn School District Soecial Proiects Manager Yes Sara Zavala Marion County Sheriffs Assistant to Sheriff No Deoartment Walt Beolau District Attorney's Office District Attorney No Javier Perfecto Citv of Woodburn Communitv Relations Officer Yes Joan Oliver Marion County Juvenile Director No Parole Jennifer Robin Marion County Health Substance Abuse Prevention Yes Department Coordinator Paul Iverson Woodburn Fire District Chief Yes Chelsea Collins Student Student Yes Joyce Harkins Woodburn Association of Representative Yes Senior Proarams Maria Leonardo Stonehenoe Apartments ManaCler Yes James Gregeroff Park Avenue Apartments Manaaer Yes Subcommittee Structure: Weed and Seed Chair: Chief Scott Russell, Woodburn Police Department. Weed Sub-Committee Chair: Sgt. Jason Alexander, Woodburn Police Department. Seed Sub-Committee Chair: Steven Patterson, Woodburn Community Services, Recreation Division. Weed and Seed site description: Direction of Multi-Year Plan (5 Years): The Woodburn Weed and Seed effort is an organized strategy to weed out the negative elements while planting the seeds of community wellness. This strategy includes a focused effort on: . Prosecution, adjudication and supervision . Prevention and intervention of social problems including crime and drug abuse . Bridging law enforcement with seeding activities through community policing . Providin Safe Havens for delive of services 26 "T' .. ~ w..o Q..D BURN l.u,,,.,.,,.18B9 llA ~~ . . January 3, 2007 TO: Honorable Mayor and City Council through City Administrator FROM: Steven Patterson, Recreation Services Manager SUBJECT: Woodburn Foundation RECOMMENDATION: Adopt the attached resolution authorizing City participation in the "Woodburn Foundation," a non-profit corporation. BACKGROUND: An objective of the Mayor and City Council is to facilitate the formation of a community foundation. DISCUSSION: The Recreation Division assisted in a process where a committee was formed to conduct the research and create a non-profit corporation. This committee examined other similar organizations in Oregon, and has drafted bylaws for the organization. The mission of the Woodburn Foundation is to enhance the cultural, social, and recreational opportunities for Woodburn area residents. The next step in the process is to apply for "Articles of Incorporation" through the Oregon Secretary of State's Office, apply for IRS 501 (C) (3) status, and then be recognized as a non-profit corporation. FINANCIAL IMPACT: The City of Woodburn will pay the filing fee of $55.00. There is great potential of future financial development for the City and other community organizations through the non-profit corporation. Agenda Item Review: City Administrator-~ City Attorney Finance 27 ... 'ow- 0, ".. COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION AUTHORIZING CITY PARTICIPATION IN THE WOODBURN FOUNDATION, A NON-PROFIT CORPORATION THAT WILL EXIST INDEPENDENTLY FROM THE CITY AND THAT WILL BENEFIT THE CITY. WHEREAS, it is an objective of the Mayor and the City Council to facilitate the creation of a community foundation; and WHEREAS, the Recreation Division researched the creation of the Woodburn Foundation ("the Foundation"), examined other similar existing organizations, and assisted in drafting proposed Woodburn Foundation Draft Bylaws ("the Draft Bylaws"); and WHEREAS, under the Draft Bylaws, the Board of Directors of the Foundation includes the Mayor, or the Mayor's appointee, and one City Councilor: and WHEREAS, pursuant to the Draft Bylaws, the Foundation will exist as a independent entity from the City; and WHEREAS, despite the Foundation's independent status, it is appropriate for the City to formally authorize participation on the Board of Directors; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The City Council finds that it is in the public interest for the City to participate in the Foundation. Section 2. The City Council authorizes the participation of the City, through its Mayor and one City Councilor, to serve on the Board of Directors of the Foundation. Section 3. The City Council acknowledges the existence of the Draft Bylaws, which are affixed to this resolution as Attachment "A" and are by this reference incorporated herein. Page 1 - Council Bill No. Resolution No. 28 Approved as to form: '/J,~ ~ City Attorney 1/3'/J007-- , Date Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATIEST: Mary Tennant City Recorder City of Woodburn, Oregon Page 1 - Council Bill No. Resolution No. 29 ".... .. DRAFT ATTACHMENT ~ Page --L of By-laws of the Woodburn Foundation Adooted (Month: November 15. 2006) Section 1- Offices The Principal Office of the Woodburn Foundation is 270 Montgomery Street, Woodburn, OR 97071, and it is located in Marion County. Oregon. Section 2 - Members The Woodburn Foundation shall have no members. Section 3 - Directors 3-1 Powers All corporate powers shall be exercised by or under the authority of, and the affairs of the corporation managed under the direction, of a Board of Directors. 3-2 Number The Board of Directors of the corporation shall consist of not fewer than five no more than seven members. 3-3 Qualification and Appointment All Directors must be United States citizens and must reside or own property or operate a business in the City of Woodburn, Oregon. Directors shall be appointed in the following manner: (a) Director position one shall be the Mayor of the City of Woodburn or the Mayor's appointee; (b) Director position two shall be a Councilor of the City of Woodburn appointed by the City of Woodburn; (c) Director position three shall be appointed by the Woodburn Chamber of Commerce Board of Directors; (d) Director positions four through seven shall be appointed as "at-large" positions by the then existing Board of Directors. The four "at-large" Directors shall be broadly representative of various community interests, including but not limited to, education, recreation, finance, development, law, health care, utilities. public works, transportation. housing, economic development. industry, labor and neighborhoods, 1 30 ..... ..' .. ATTACHMENT ~ P.g.~ of (e) The chair of the (Woodburn Recreation and Parks Advisory Board. Friends of the Library. Woodburn Library Advisor Board. or other desianated District board director). and the Executive Director of the District shall be ex-officio, non-voting members of the Board of Directors. Any board members identified above may not serve on the Foundation as voting board members. 3-4 Tenure of Office Directors designated in position one through three 3-3 (a-c) will not have a tenure term of office limitation. The term of office for all Directors in "at-large" positions shall be three years. An "at-large" position director may serve two consecutive terms. An "at-large" director who has served two consecutive terms is eligible for reappointment after a three-year period from the end of such prior service. At each annual meeting of the directors, a new class of directors will be elected by all of the directors of the board to replace the expiring class of directors. The expiring class of directors will serve until the first meeting of the full board of directors following the election. 3-5 Vacancies A vacancy in the Board of Directors shall exist upon death, resignation, or removal of any director. A vacancy in the Board of Directors shall be filled by appointment in accordance with the provisions of section 3-3. Each director so appointed shall hold office for the balance of the unexpired term of his or her predecessor. 3-6 Resignation A director may resign at any time by delivering written notice to the President or Secretary. Once delivered, a notice of resignation is irrevocable unless permitted by the Board of Directors. 3-7 Removal A director appointed pursuant to section 3-3 (a) through (c) may be removed at any time, with or without cause, by the person or entity that appointed the director. Directors appointed pursuant to section 3-3 (d) may be removed at any time, with or without cause, by a unanimous vote of the Board of Directors, excluding the director who may be removed. 3-8 Meeti ngs An annual meeting of the Board of Directors shall be at a time, date, and place designated by the Board of Directors. Regular meetings are to be scheduled by the Board of Directors. Special meetings are other meetings that are not scheduled. The 2 31 ... T" 11" ATTACHMENT --Ll...- Page ~ of 01 Board of Directors may hold any meeting in or out of the State of Oregon. The Board of Directors may permit any or all of the directors to participate in any meeting by use of any means of communication by which all directors participating may simultaneously hear each other during the meeting. 3-9 Action Without Meeting An action required or permitted to be taken at a Board of Director's meeting may be taken without a meeting if the action is taken by a majority of all members of the Board of Directors. The action shall be evidenced by written consent describing the action taken, signed by each director, and included in the minutes or filed with the corporate records reflecting the action taken. Action taken under this section is effective when the last director signs the consent, unless the consent specifies an earlier or later effective date. Consent under this section has the effect of a meeting vote and may be described as such. 3-10 Notice of Meetings The annual meeting of the Board of Directors must be preceded by not less than seven days notice to each director of the date, time, and place of the meeting. Regular meetings of the Board of Directors may be held without further notice of the date, time, place, or purpose of the meeting. Special meetings of the Board of Directors must be preceded by at least seven days notice, if given by first class mail, or 48 hours notice if delivered personally or if given by telephone, fax or email to each director. The notice of any special meeting shall describe the purpose of the meeting, and the time, date, and location of the meeting. The President, Secretary or any two directors may call and give notice of a meeting of the board. 3-11 Quorum and Voting A quorum of the Board of Directors shall consist of a majority of the number of directors in office immediately before the meeting begins. If a quorum is present when a vote is taken, the affirmative vote of a majority of the directors present when the action is taken is the act of the Board of Directors except to the extent that these bylaws require the vote of a greater number of directors. 3-12 Voting Each Director shall have the right to cast one (1) vote on each question and never more than one (1) vote, which may be cast in person, by proxy or by Unites States Mail or by voice telephone, 3 32 T'" ... ATTAC~ENT ~ Page _ of 3-13 Proxy Voting A Director may appoint only another Director of the Corporation as his proxy. Any proxy must be filed in writing with the Executive Director before the appointed time for each meeting and shall be valid for only a single meeting (including any adjournment thereof). 3-14 Board Committees The Board of Directors may create one or more committees and appoint members of the Board of Directors or other persons to serve on the committees at the pleasure of the Board of Directors. The creation of a committee must be approved by a two-thirds majority of the entire Board of Directors for the corporation. The provision of these bylaws governing meetings, action without meetings, notice and waiver of notice, and quorum and voting requirements of the Board of Directors shall apply to the committees of the Board of Directors and their members. Board Committees may, to the extent specified by the Board of Directors, exercise the Authority of the Board of Directors. However, no committee may: (a) Authorize distributions; (b) Approve dissolution, merger, or the sale, pledge, or transfer or all or substantially all of the corporation's assets; (c) Elect, appoint, or remove directors or fill vacancies on the Board of Directors or on any of its committees' or (d) Adopt, amend, or repeal the Articles of Incorporation or bylaws. 3-15 Other Committees The Board of Directors may create one or more other committees. Members of these committees need not be members of the Board of Directors, but at least one director shall serve on each such committee. These committees shall have no power to act on behalf of, or to exercise the authority of, the Board of Directors, but may make recommendations to the Board of Directors. 3-16 Compensation Directors and members of committees may receive reimbursement of expenses in accordance with policies and resolutions adopted by the Board of Directors. Directors and members of committees shall not otherwise be compensated for service. 4 33 ... '1t" . .. ATTACHMENT 4 Page ~ of ur Section 4 - Officers 4-1 Designation; Election; Qualification The officers of the corporation shall be a President, Vice President, Secretary, and Treasurer, and such officers as the Board of Directors may appoint. The President and Vice President must be members of the Board of Directors; other officers need not be members of the Board of Directors. The officers shall be elected by, and hold office at the pleasure of, the Board of Directors. The same individual may simultaneously hold more than one office, except for the offices of President and Vice President, and for the offices of President and Secretary, which may not be held simultaneously by the same individual. 4-2 Term of Offl ce The terms of office of all of the officers of the corporation shall be for a period of two years. Elections for all officers shall be held at the January 2007 regular meeting, and every two years thereafter. 4-3 President The President shall preside at meetings of the Board of Directors, shall assure that the Board of Directors is advised on all significant matters of the corporation's business, and shall have all powers and duties ordinarily exercised by the President or Chairperson of the Board of Directors of a nonprofit corporation. 4-4 Vice President The Vice President shall preside at meetings of the Board of Directors at which the President is absent and in the absence of the President shall have the powers and duties of the President. 4-5 Secretary The Secretary shall ensure that the minutes of meetings of the Board of Directors and committees of the Board of Directors are prepared and kept at the principal office or such other place as the Board of Directors may order. 4-6 Treasurer The Treasurer shall the chief financial officer of the corporation and shall cause to be kept adequate and correct books and records of the accounts of the properties and business transactions of the corporation. The treasurer shall ensure that all money and other valuables in the name and to the credit of the corporation are deposited with such depositories as may be designated by the Board of Directors; shall ensure that funds of the corporation are disbursed as may be ordered by the Board of Directors; and shall 5 34 ,r"" .. Aft'ACHMENT 11 Page __ft. of q ensure that funds of the corporation are disbursed as may be ordered by the Board of Directors; and shall have such other powers and perform such other duties as may be prescribed by the Board of Directors or these bylaws. The treasurer will be responsible for preparing a monthly and an annual financial report for the Foundation. 4-7 Assistants The Board of Directors may appoint assistants to the Secretary or Treasurer, or both. Such assistants may exercise the powers of the Secretary or Treasurer, as the case may be, and shall perform such duties as are prescribed by the Board of Directors. 4-8 Executive Director and Staff The Board of Directors may, from time to time, engage an Executive Director or such other staff as is useful in conducting the business of the Foundation, in either a volunteer or paid capacity. The Executive Director shall report to the Board of Directors and the staff shall report to the Executive Director. In the absence of an Executive Director, the staff shall report directly to the Board of Directors. The Executive Director will be, ex officio, a member of the Board of Directors without vote and will perform such duties as the Board of Directors outline in a written job description. 4-9 Advisors The Board of Directors, from time to time, appoint members of the to act in an advisory capacity to inform and give counsel to the Board in conducting the business of the foundation. All such advisors will be, ex officio members of the Board of Directors without vote and will serve at the pleasure of the Board of Directors. Section 5 - Conflicts of Interest 5-1 Conflict of Interest Transactions A Conflict of Interest is a transaction with the corporation in which a director or officer of the corporation has a direct or indirect interest. Board members must declare conflicts of interest and vote, or not vote according to state statute. For the purposes of this section, a director or officer of the corporation has an indirect interest in a transaction if: (a) an entity other than the corporation in which the director or officer has a material interest or in which the director or officer is a general partner is party to the transaction, or 6 35 ... 1"" '" AfTACHMENT ~ Page ,,1-_ of (b) an entity other than the corporation of which the director or officer is a director, officer, or trustee is a party to the transaction. For the purposes of this section, a conflict of interest transaction is authorized, approved, or ratified if it receives the affirmative vote of a majority of all of the directors who have no direct or indirect interest in the transaction. A transaction may not be authorized, approved, or ratified by a single director. If a majority of the directors who have no direct or indirect interest in the transaction votes to authorize, approve, or ratify the transaction, a quorum is present for the purpose of taking action under this section. The presence of, or a vote cast by, a director with a direct or indirect interest in the transaction does not affect the validity of any action taken under this section if the transaction is otherwise approved as provided in this section. 5-2 Loans to or Guarantees for Directors and Officers The corporation may not lend money or guarantee the obligation of a director or officer of the corporation provided; however, that the corporation may advance money to a director or officer of the corporation for expenses reasonably anticipated to be incurred in the performance of the duties of such director of officer if, in the absence of such advance, such director or officer would not be entitled to be reimbursed for such expenses by the corporation. Section 6 - Administration of Permanent Fund Please review the COTTAGE GROVE Provisions and comment. Section 7 - General Provisions 7 -1 Amendment of the Bylaws Except as otherwise provided by law, the Board of Directors shall have the exclusive right to amend or repeal these bylaws. Whenever an amendment or new bylaw is adopted, it shall be copied in the minute books with the original bylaws in the appropriate place. If any bylaw is repealed, the fact of repeal and the date on which the repeal occurred shall be stated in the minute book. Future resolved, that the officers of the corporation are hereby authorized and directed to file articles of amendment with the Oregon Secretary of State, and to take any and all such actions as they, or any of them, may deem necessary or appropriate to carry out the intention of the foregoing resolution. 7 -2 Books and Records 7 36 ... 'TO' ..,' ATlACtitAENT {1- Page -L of q All books, records, and accounts of the corporation shall be open to inspection by the Board of Directors as required by law. Financial statements are expected to be prepared and distributed to the Board of Directors at each regular meeting presenting a summary of all receipts and disbursements and the value of all accounts. 7 -3 Checks, Drafts, Etc. All checks, drafts, and other orders for payment of money, notes, or other evidences of indebtedness issued in the name of or payable to the corporation shall be signed or endorsed by such person or persons and in such manner as shall be determined from time to time by resolution of the Board of Directors. It is the Board of Directors' directive that any two of six designated Board Members' signatures are required to issue checks and financial documents on behalf of the Board of Directors. 7 -4 Execution of Documents The Board of Directors may, except as otherwise provided in these bylaws, authorize any officer or agent to enter into any contract or execute any instrument in the name of or on behalf of the corporation. Unless so authorized by the Board of Directors, no officer, agent or employee shall have any power or authority to bind the corporation by any contract or engagement, or to pledge its credit, or to render it liable for any purpose or for any amount. 7-5 Fiscal Year The fiscal year of the corporation shall begin on July 1 st and end on June 30th of the following calendar year. 7 -6 Insurance The corporation may purchase and maintain insurance on behalf of an individual against liability asserted against or incurred by the individual who is or was a director, officer, employee, or agent of the corporation; provided, however, that the corporation may not purchase or maintain such insurance to indemnity any director, officer, or agent of the corporation in connection with any proceeding charging improper personal benefit to the director, officer, or agent in which the director, officer, or agent was adjudged liable on the basis that personal benefit was improperly received by the director, officer, or agent. 7-7 Fund Accounts The Board of Directors may establish and administer fund accounts, including special purpose accounts, project fund accounts, and donor-advised funds. Such fund accounts shall be exempt from the provisions of Section 6 of the Foundation's Bylaws, but shall be 8 37 ... ...... ..-. ATTACHMENT ~ Page ~ of subject to any other rules or guidelines established by the Board for administration of such fund accounts. 7 -8 Written Authorization No Board member may incur any expense on behalf of the Woodburn Foundation without formal Board approval in accordance with the bylaws and written authorization from the President, Vice President or Treasurer. Any expense incurred by a member of the Board in violation of this section shall be the personal responsibility of the Board member who caused the expense to be incurred and shall not be the responsibility of the Woodburn Foundation. The bylaws for the Woodburn Foundation were adopted November 15. 2006 9 38 .. .".. ,'-, .. ~... . Jic.. WOODBURN 11B ~~ { PI ( .: , pC" " , r d 1,l(.'I 9 . . January 4, 2007 TO: Mayor and City Council through City Administrator FROM: Mary Tennant, City Recorder ~ SUBJECT: Minimum Wage Increase RECOMMENDATION: Council adopt the accompanying Council Bill which provides for an increase in the hourly rate to meet minimum wage law requirements plus pay range/step adjustments for related positions to maintain equity compensation between classifications. BACKGROUND: Under the current State minimum wage law, the Bureau of labor & Industries Commissioner calculates the Cost of Living Adjustment (COLA) in September with hourly rate increases (rounded to the nearest five-cents) to be implemented on January 1 st of the following year. As a result of the Commissioner's 2006 calculation and effective January 1, 2007, the minimum wage will increase from $7.50 per hour to $7.80 per hour based on an inflation rate of 3.8%. DISCUSSION: The City has an hourly rate schedule for Park and Recreation employees (Exhibit A) with the first pay range level beginning with the minimum wage hourly rate followed by 5% adjustments between steps. Under the City's Personnel Policy manual. part-time employees are eligible for merit increases on either their anniversary date or following completion of 1040 hours within the step, whichever is longer. The majority of our part-time employees work less than 20 hours per week therefore it takes them one year or longer before they are eligible for a merit increase. This schedule also provides for 5% increases between pay range levels to compensate employees who have greater responsibilities and/or lead worker responsibilities over other employees. ? Agenda Item Review: City Administrator~ City Attorney_ Finance / 39 ..' TO' .' Mayor and City Council January 4, 2007 Page 2 . . On November 27,2006, the City Council adopted Resolution No. 1844 increasing the hourly rates for Part-time and Limited Term positions, excluding recreation program employees, except for the positions of Library Page, Clerical Aide, and Park Maintenance Aide (Exhibit B: Range PT-l.0). These part-time positions remained at the minimum wage level since they are considered entry level positions. The proposed Council Bill will increase the hourly rate for these positions in order to meet minimum wage law requirement, however, all other positions on this schedule will remain at the same rate of pay that was adopted under Resolution No. 1844. FINANCIAL IMPACT: The total estimated financial impact for fiscal year 2006-07 is $8,629 ($7,385 in wages and $1,244 in benefits) whereas annually, based on current year budget projections of part-time hours, the financial impact is estimated at $17,256 ($14,769 in wages and $2,487 in benefits). All of the positions affected by this hourly rate increase are included in the General Fund budget for Library and Park and Recreation programs. The majority of funding to support these hourly rate adjustments for the remainder of this fiscal year are included in the current year General Fund budget appropriations. 40 ... 'T" ~,' COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION ESTABLISHING THE COMPENSATION SCHEDULE FOR CERT AIN HOURLY AND SEASONAL EMPLOYEES. WHEREAS, the City Council is obligated per Section 11 ofthe Woodburn City Charter to establish compensation for each City officer and employee; and WHEREAS, the minimum wage paid to employees effective January 1 of each year is established by the State of Oregon; and WHEREAS, the City Council recognizes the need to adopt a hourly rate schedule to maintain compliance with State law and maintain proper equity compensation between classifications; now, therefore, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The hourly rate schedule for Park & Recreation Program part-time I seasonal employees (Exhibit A), and the hourly rate schedule for Part-Time and Limited Term I Temporary employees (Exhibit B) is hereby adopted effective January 1, 2007, a copy of the exhibits are attached for reference. Approved as to Formm 'Y1J-rt:=) City Attorney ()f/O!;/ZOO 1- Date APPROVED KATHRYN FIGLEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the office of the Recorder ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page I - COUNCIL BILL NO, RESOLUTION NO, 41 ... T'. or Exhibit" A" PARK & RECREATION PROGRAM PART-TIME / SEASONAL EMPLOYEES Effective January 1,2007 CLASSIFICATION STEP A STEP B STEP C STEP D STEP E PS-l Cashier 7.80 8.19 8.60 9.03 9.48 Lifeguard Recreation Aide Office Assistant Water Safety Instructor Aide PS-2 Head Lifeguard 8.19 8.60 9.03 9.48 9.96 Recreation Leader Fitness Instructor PS-3 Aquatics Center Clerk 8.60 Water Safety Instructor Recreation Assistant 9.03 9.48 9.96 10.46 PS-4 Recreation Program Mgr. 9.03 9.48 9.96 10.46 10.99 PS-5 9.48 Special Recreation Pgrm Mgr 9.96 10.46 10.99 11.54 PS-6 9,96 Special Projects Manager Aquatics Prgm Mgr Lifeguard Supervisor 10.46 10.99 11.54 12.12 42 ... T''' ~. Exhibit "B" HOURLY RATES FOR PART -TIME AND LIMITED TERM I TEMPORARY EMPLOYEES EFFECTIVE JANUARY 1, 2007 RANGE STEP A STEP B STEP C STEP D STEP E PT - 1.0 LIBRARY PAGE 7,80 8,19 8.60 9,03 9.48 CLERICAL AIDE PARK MAINT, AIDE PT - 4,0 PARK MAINT. WORKER 8,35 8.77 9,20 9.66 10,15 PT - 7,0 CLERK I 10,11 10,61 11,14 11,70 12,29 PT - 7.5 CUSTODIAN 10.36 10,88 11.42 11,99 12.59 PT - 8,0 LIBRARY ASSIST ANT 10,61 11,14 11,70 12.29 12.90 PT - 8,5 CLERK II 10.88 11 .42 11,99 12.59 13,22 PT - 9,0 MUNI COURT CLERK 11.14 11,70 12,29 12,90 13.55 PT - 9.5 MUNI COURT CLERK (w/Lang) 11.42 11,99 12.59 13,22 13,88 PT-10,O RSVP ASSISTANT 11.70 12,29 12.90 13.55 14,23 PT-10.5 CLERK III 11.99 12,59 13.22 13,88 14,57 PT - 11,0 BUS DRIVER 12.29 12.90 13.55 14,23 14,94 PT - 11.5 12,59 13,22 13,88 14.57 15,30 PT - 12,0 ADMN SECRETARY 12,90 13,55 14,23 14,94 15,69 PT - 12,5 13,22 13,88 14.57 15,30 16,07 PT - 13,0 EVIDENCE TECH, 13,55 14,23 14,94 15.69 16,47 WWTP LAB HELPER PT - 13.5 LIBRARIAN 13,88 14,57 15,30 16,07 16,87 PLANNING TECH. PT - 140 UTILITY WKR I 14,23 14,94 15.69 16.47 17.29 PERMIT SPECIAliST PT - 14.5 14,57 15.30 16,07 16.87 17.71 PT - 15.0 ENG TECH II 14.94 15,69 16.47 17.29 18.15 DRAFTSMAN CAD / GIS TECHNICIAN PT - 15.5 WWTP OPERA TOR I 15,30 16,07 16.87 17,71 18,60 CODE ENFRC OFFICER 43 ..' 'T" ... ~.._'~ ~ ~ ~~ WOODB-URN 1,,(JfJ,orattJ '88'1 l1e ~~ . . January 2, 2007 TO: Mayor and City Council through City Administrator FROM: Randy Scott, Senior Engineer Technician, Through the Public Works o~ rM5J Director t\? ~ . ~ SUBJECT: Acceptance of Public utility Easement RECOMMENDATION: It is being recommended that the City Council accept the attached Public Utility Easements as described on Attachment "A" through "J". BACKGROUND: The easements are being conveyed to the city by Capital Development Company in conjunction with improvements to the Town Center Subdivision. The easements will provide for the installation of franchised utilities adjacent to Evergreen Road, Hooper Street, Stacy Allison and Center Street. DISCUSSION: The Town Center Subdivision was platted with 5-foot wide utility easements adjacent to all streets. The franchised utilities have requested the property owner provide a 1 O-foot wide easement for the installation of their facilities. FINANCIAL IMPACT: There is no financial impact with the recommended action Attached: Vicinity Map Attachment "A" through "J", the properly signed Public Utility Easements Agenda Item Review: r . f City Administrator ~ City Attorney _ Finane 44 ... ~. .. 'i '" '" \ \ \ \ ~ ~ " I SU6JEC' EASEMENIS S1 .... --... -- ....--. .--.. ~ 1i_ '" ?:, \\ II II II II II II II " '" .--.. --.. --.. --... --.. --... CIIY UMIIS \I \ C \ N \ 1"{ M!\P 45 "11"' ...' ATTACHMENT uA" AFTER RECORDING RETURN TO: Woodburn City Recorder City of Woodburn 270 Montgomery Street Woodburn, OR 97071 CITY OF WOODBURN, OREGON PUBLIC UTILITY EASEMENTS (Permanent) Capital Development Company, GRANTOR, grants to the CITY OF WOODBURN, OREGON, hereinafter called CITY, a permanent easement and right-of- way, including the permanent right to construct, reconstruct, operate, and maintain Public Utilities on the following described land: A strip of land 10' in width along the length abutting Evergreen Road and Hooper Street measured perpendicular to the Evergreen Road and Hooper Street right-ot-way located on Lot 5, Town Center at Woodburn, City of Woodburn, Marion County, OR. GRANTOR reserves the right to use the surface of the land for any purpose that will not be inconsistent or interfere with the use of the easement by CITY. No building or utility shall be placed upon, under, or within the property subject to the foregoing easement during the term thereof, however, without the written permission of CITY. Upon completion of the construction, CITY shall restore the surface of the property to its original condition and shall indemnify and hold GRANTOR harmless against any and alllos5, cost, or damage arising out of the exercise at the rights granted herein. The true consideration of this conveyance is One Dollar ($1.00), and other valuable consideration, the receipt of which is acknowledged by GRANTOR. GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of the above-granted premises, free from all encumbrances and that GRANTOR and their heirs and personal representatives shall warrant and forever defend the said premises and every part thereof to CITY against the lawful claims and demands of all persons claiming by, through, or under GRANTOR. DATED this / / day of Oar]' ( :~;f , 20.dh... caPitgal Develop~ment Com~any I J;. ,u) ,/ y BY:! Jtlt'{f-, . 1ff1-f~ ~Robert L Blume '----- Public Utility Easements (Permanent) Page 1 of 3 46 ATTACHMENT "An CORPORATE ACKNOWLEDGEMENT STATE OF WASHINGTON, County of Thurston) ss. The for going instrument was acknowledged before me this II day of (J 20Qk by Robert L. Blume, as President of Capital Develo ment Company a corporation and the foregoing instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and each of them acknowledged said instrument to be its voluntary act and deed. NOTARY PUBLIC State of WashIngton DIANA" LANGSTON ConInIaIOn expires 04/0412010 City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Capital Development Company PO Box 3487 Lacey, W A 98509-3487 Accepted on behalf of the City of Woodburn after authorization by its City Council on date on tho oondition that thc intel'ests cOFril'eyed jv ,< hercin arc frcc and clcar from toxcs, liens, and encumbranoes. City Recorder: Mary Tennant Public Utility Easements (Permanent) Page 2 of 3 47 '?,.e ~ , ' "I c) - I , ',,-, ; r--.,) - / ,. ""', ',( ') // "":",,- " \-:1 ',' & I >:~< ~ / ~~ '/ '~ II ~"/ - ;~~_~_~ S 16 0 r:-- , / ';-( -~~~~______:.J 7 2 4 " II -------______ E 4 5 0 --, / ~~~____ ' 0 / ' ~/ - \'''1 ./ 1::0 / '-...() / ,,~ 0)0) , ./ D~ ~ 0) CUi till ~I ~ _I _ _ _ H _ _ ? 0 7_, 1 ~ '_ _ _ _ _ _ _ - - - - / ~ ~li~n--- --.;-~,"::,.=- - - - ~-, ,- .- - -I ;II""""" - "._"-,,,..,,,,H''',,'''''"'' ",~IO'a"~~t.~'-"" "_~",,,,,",~~,,,.,w_"'-''''''''-'''' ,'~~--<r'(; =1_ c 10 '---Z . :s S 8 9 031 I 50 "E 7 6 g. 10 I - (; "Y - ~--Lt--- HOOPER STREET ~ 2E ------------------------1 o1~h_ ~- _______~Q0 - '-\- - ~ -2b-g~Tl-' - - - --~ - - - - - - - 2137.33 r- ~7 -1 U \AJ \ I J [ / ,U,L, l?'V')lCJF P,U,E. 6' ACH SIDE [i F I. Cl T L I [\J [ ~ "'U c lJ _OT~9 . g~~ AC lUlU <ow CD CD ~ v> 3 COoCD _::J v>rn -=a CD .., 3 lU ::J CD ::J - -- '1 " 1 0' W II ) r_ P,U,[, -----------~- LOT 5 6.20 AC 10' WIDE P.U.E. t I - I (1)1... O~ ~, f':' / / / Iv / /CJ ~ / 'V / I '" / I lJ I I , I [ ~ ~ I ~ Q : h ~ I b z 10 [\J ~~ I~: ~ ~~. IT ~ 5/8 w > w OJ Ul o ['.. W~ - ------- Ln Ln- ATTACHMENT "8" AFTER RECORDING RETURN TO: Woodburn City Recorder City of Woodburn 270 Montgomery Street Woodburn, OR 97071 CITY OF WOODBURN, OREGON PUBLIC UTILITY EASEMENTS (Permanent) Capital Development Company, GRANTOR, grants to the CITY OF WOODBURN, OREGON, hereinafter called CITY, a permanent easement and right-ot- way, including the permanent right to construct, reconstruct, operate, and maintain Public Utilities on the following described land: A strip of land 10' in width along the length abutting Evergreen Road and measured perpendicular to the Evergreen Road right-of-way located on Lot 6, Town Center at Woodburn, City ot Woodburn, Marion County, OR. GRANTOR reserves the right to use the surface of the land tor any purpose that will not be inconsistent or interfere with the use of the easement by CITY. No building or utility shall be placed upon, under, or within the property subject to the foregoing easement during the term thereof, however, without the written permission of CITY. Upon completion of the construction, CITY shall restore the surface of the property to its original condition and shall indemnify and hold GRANTOR harmless against any and all loss, cost, or damage arising out of the exercise of the rights granted herein. The true consideration of this conveyance is One Dollar ($1.00), and other valuable consideration, the receipt of which is acknowledged by GRANTOR. GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple ot the above-granted premises, free from all encumbrances and that GRANTOR and their heirs and personal representatives shall warrant and forever defend the said premises and every part thereof to CITY against the lawful claims and demands of all persons claiming by, through, or under GRANTOR. DATED this II day of (7r /5(/.:5-1 ,20.Qb... Capital Development Company J1 ., y' --/~1 /) BY: ,,)f6J4~c/\~/4~~ Robert L Blume Public Utility Easements (Permanent) Page 1 of 3 49 ... T" .. ATTACHMENT "B" CORPORATE ACKNOWLEDGEMENT STATE OF WASHINGTON, County of Thurston) ss. The for~going instrument was acknowledged before me this / ( day of (/'[/('1 JST 20Qb by Robert L. Blume, as President of Capital Development Company a corporation and the foregoing instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and each of them acknowledged said instrument to be its voluntary act and deed. NOTARY PUBLIC State of WashIngton DIANA S. LANGSTON Commission ExpIres 04/0412010 City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Capital Development Company PO Box 3487 Lacey, WA 98509-3487 Accepted on behalf of the City of Woodburn after authorization by its City Council on date on the oondition that tho intorests convoyed ~ herein are free and clear from taxc~, liens, and ~es. City Recorder: Mary Tennant Public Utility Easements (Permanent) Page 2 of 3 50 'W". ~ rc;~ \~~ ~\ '~ LS O{\ c9 0) c0 '-- o 0:5 \ Public Utility Easements(Permanent Page 3 of 3 ATTACHMENT "B" '" , " .........,- ~,," , '~ , '" " ", w o H W 3: '-, =:J aD- ----:' ,-I 'J:J II } llJ i~l -- ~ -> "'~ ~ '."'11 - - D (ji :-\ , i:J \ ~ \ , -7'\ -- \ l -l' r ;~''''''''-,,- U LO<( I- ""J oru ~ ~ I ;;/ !{j / Lu I ~ I ,~ CUI t'" I LC7 / o I (0 I ~ I I I / I / ',,- I ''-, " '-"r ~'- 1/1 ' ;> ~ ""' 1/ ~ ""J -}-. -- -'--. , , l~~ " ,~ ,j"l (_J,'~' 7 ", t/ ",- '" aU ~<( I-m ,----,m '" ,",-'" "- ". C' '-~ ":J!~'--,,, " '" "- c~ """-, '0 ' '''"' 51 ... T' .~ ,6L c , L ATTACHMENT laC" AFTER RECORDING RETURN TO: Woodbum City Recorder City of Woodburn 270 Montgomery Street Woodburn, OR 97071 CITY OF WOODBURN, OREGON PUBLIC UTILITY EASEMENTS (Permanent) Capital Development Company, GRANTOR, grants to the CITY OF WOODBURN, OREGON, hereinafter called CITY, a permanent easement and right-of- way, including the permanent right to construct, reconstruct, operate, and maintain Public Utilities on the following described land: A strip of land 10' in width along the length abutting Stacy Allison Way and measured perpendicular to the Stacy Allison Way right-of-way located on Lot 7, Town Center at Woodburn, City of Woodburn, Marion County, OR. GRANTOR reserves the right to use the surface of the land for any purpose that will not be inconsistent or interfere with the use of the easement by CITY. No building or utility shall be placed upon, under, or within the property subject to the foregoing easement during the term thereof, however, without the written permission of CITY. Upon completion of the construction, CITY shall restore the surface of the property to its original condition and shall indemnify and hold GRANTOR harmless against any and all loss, cost, or damage arising out of the exercise of the rights granted herein. The true consideration of this conveyance is One Dollar ($1.00), and other valuable consideration, the receipt of which is acknowledged by GRANTOR. GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of the above-granted premises, free from all encumbrances and that GRANTOR and their heirs and personal representatives shall warrant and forever defend the said premises and every part thereof to CITY against the lawful claims and demands of all persons claiming by, through, or under GRANTOR. DATED this /1 dayof a((jL1d ,zlXlb . Capital Development Company BY: &Afccr.;tJ:?~ A'dV ~obert L Blume '--- Public Utility Easements (Permanent) Page 1 of 3 52 ... 'T" ... ATIACHMENT "C" CORPORATE ACKNOWLEDGEMENT STATE OF WASHINGTON, County of Thurston) ss. The foregoing instrument was acknowledged before me this / / day of 20a( by Robert L. Blume, as President' of Capital Develo ent Company a corporation and the foregoing instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and each of them acknowledged said instrument to be its voluntary act and deed. NOTARY PUBLIC State of Washtngton DIANA S. LANGSTON Commission expires 04/0412010 City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Capital Development Company PO Box 3487 Lacey, WA 98509-3487 Accepted on behalf of the City of Woodburn after authorization by its City Council on date on the condition -that- the intere::;t::; convoyed ~ herein am free and clear from taxe:J, liens, and encumbrances. City Recorder: Mary Tennant Public Utility Easements (Permanent) Page 2 of 3 53 ...' T' .. \-~ OOl -1 I- 01 <:::r en en u ~ r-- 01 0 -c:-i -c:-i (\j uJ 0 C\..\ . C\..\ 01 0 01 OJ en -...-/ IJl 01 0 ~ ~ 01 C\..\ cD \.D uJ 0 0 en cu cu 01 0 Ol cD Ul - ".- . -' ...,--.- l/(' -:J" 6 [' 91> .25 . \7 2e; 3.0\7. L20 ON , SE'll P_--------s:! / .00'0e;, > .25'\7L[ o N CUO 0\0 o c...) cD 4. Hen 0 yc:o\.0 z~ \-LD 0<;-\ .-1 t> c% ^'-' /~/{' /-~ / t.o ~~, 00 /7.f >,~ ;r ,S ~ C>. .., , , .....~.:::.. ~ '0 _ _ ___ ::j! ~ uJ ~ ~ ,,, > .~ " . ''', ::J , -~ ~', ' ~ - ~ " ,--.;:-, aD- -~, ~....;:: <" "~,-, ,iJb~ ~ ) ~...... iO ~ ' <:~... ~'-l' ~"- ~:;~" ~~~,,-'E'9' ~ ....P:4f " E't> <: r;<\;OS " <: ....., ',or;;' .1 / ' ~, ~ E'II;~' //7 " '-,_ ........ ',- -1., " ~ ~," vi--- ..... ___ '- ~vJ ..... " " S ' ~ ~..... ~ ' ...... ~ ~ "- ~ " ~ ~ ~t>'" ~ ~ ~,-;;;_r;!>' ~ ~., ~ !; t>~ ~ '9~- ~ ~ 9'~ .~ 20 l.J r-4. U1 ~- ~ ~ ~ '-. "- ~ "-. ~ publiC \Jtilitl Ease",eotslpelfOaoeot) page:) of :) 54 T ,. .. ATTACHMENT "0" AFTER RECORDING RETURN TO: Woodburn City Recorder City of Wood bum 270 Montgomery Street Woodburn, OR 97071 CITY OF WOODBURN, OREGON PUBLIC UTILITY EASEMENTS (Permanent) Capital Development Company, GRANTOR, grants to the CITY OF WOODBURN, OREGON, hereinafter called CITY, a permanent easement and right-of- way, including the permanent right to construct, reconstruct, operate, and maintain Public Utilities on the following described land: A strip of land 10' in width along the length abutting Stacy Allison Way and Hooper Street measured perpendicular to the Stacy Allison Way and Hooper Street right-of~way located on Lot 8, Town Center at Woodburn, City of Woodburn, Marion County, OR. GRANTOR reserves the right to use the surface of the land for any purpose that will not be inconsistent or interfere with the use of the easement by CITY. No building or utility shall be placed upon, under, or within the property subject to the foregoing easement during the term thereof, however, without the written permission of CITY. Upon completion of the construction, CITY shall restore the surface of the property to its original condition and shall indemnify and hold GRANTOR harmless against any and all loss, cost, or damage arising out of the exercise of the rights granted herein. The true consideration of this conveyance is One Dollar ($1.00), and other valuable consideration, the receipt of which is acknowledged by GRANTOR. GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of the above-granted premises, free from all encumbrances and that GRANTOR and their heirs and personal representatives shall warrant and forever defend the said premises and every part thereof to CITY against the lawful claims and demands of aU persons claiming by, through, or under GRANTOR. DATED this /1 day of Q./(j;d ,20~. Capital Development Company BY: /!~?~6'Z~e Robert L Blume ~ Public Utility Easements (Permanent) Page 1 of 3 55 ... T"" '" ATIACHMENT "0" CORPORATE ACKNOWLEDGEMENT STATE OF WASHINGTON, County of Thurston) ss. The fore oing instrument was acknowledged before me this II day of 2<XlL by Robert L. Blume, as President of Capital Develo ent Company a corporation and the foregoing instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and each of them acknowledged said instrument to be its voluntary act and deed. NOTARY PUBLIC State of Washington DIANA S. LANGSTON Commission ExpIres 04/04/2010 City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Capital Development Company PO Box 3487 Lacey, WA 98509-3487 Accepted on behalf of the City of Woodburn after authorization by its City Council on date on the condition that tho intercst!; oonveyed ~ herein are free and clear-from taxoG, licna, and c ncumbfUncc5-. City Recorder: Mary Tennant Public Utility Easements (Permanent) Page 2 of 3 56 .' T"" ... Public Utility Easements(Permanent) Page 3 of 3 ATTACHMENT "0" , \ / ,/ II 10' WIDE II v: I p . U . E , Jt, ~'~" ~ I r6 ""'~~' ~ . /.~ -; "",'Y'~6' ~ ,0'f{ ) 1\0 I ..I ":", IyOO'~PC', <Z2, / j' '- .j()""" Iy , C:> I I '- <":;y~ 2 '- ."."i- / I 0'2',,, S;:c<& ", / ') " 2:- , .l S.~",-9~A":'..'Y'.>, 'h / ~' /\ ,,~, j-:": l' """ ~,_ (v " ~ / "--10' WIDE ~ ".:. ~C~O~ r--..C:> / r9 I p U. E. '~c -~?_C10h_ .v /-<:;"' I '. ,/, _"'-..(, I^' I' v I/:"U , _ ~ ~'n" J) ~ / '.J '0 / ~ _ _ __~ I I / '" (j' if) ''''-'v ~I /e.., / {jJ 1\' / : J....'X / ~ / /10/ LOT 8 .'v / / / 16 AC 0 I , / 5. ') / / ' / <0 / /' / "i- f I '" I 0 : C); J0 - / /11'''''-. ,'.J .j. ;j" "~ ~ / / /~'5"'" .....,. \-Z.. / I , .--J 0 .....,. I " Y ~ / ' % "........... / 1 'J' ............ I 06' ' I...............~~ :-r 29;> ..... . 6'<< ~''Q ~J8ga32'20"W 150,00' 1 / / / / / / / ,I / / ! o o ~ ClJ OJ L( 8. o LD 1 0 ';"J [ 0 E p ,',) , ~~ , '-J ~~ w o 57 ... ... ".. " '" ~!1ACHMENT "E" AFTER RECORDING RETURN TO: Woodburn City Recorder City of Woodburn 270 Montgomery Street Woodburn. OR 97071 CITY OF WOODBURN, OREGON PUBLIC UTILITY EASEMENTS (Permanent) Capital Development Company, GRANTOR, grants to the CITY OF WOODBURN, OREGON, hereinafter called CITY, a permanent easement and right-of- way, including the permanent right to construct, reconstruct, operate, and maintain Public Utilities on the following described land: A strip of land; 10' in width along the length abutting Stacy Allison Way and Hooper Street measured perpendicular to the Stacy Allison Way and Hooper Street right-of-way located on Lot 9, Town Center at Woodburn, City of Woodburn, Marion County, OR. GRANTOR reserves the right to use the surface of the land for any purpose that will not be inconsistent or interfere with the use of the easement by CITY. No building or utility shall be placed upon, under, or within the property subject to the foregoing easement during the term thereof, however, without the written permission of CITY. Upon completion of the construction, CITY shall restore the surface of the property to its original condition and shall indemnify and hold GRANTOR harmless against any and all loss, cost, or damage arising out of the exercise of the rights granted herein. The true consideration of this conveyance is One Dollar ($1.00), and other valuable consideration, the receipt of which is acknowledged by GRANTOR. GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of the above-granted premises, free from all encumbrances and that GRANTOR and their heirs and personal representatives shall warrant and forever defend the said premises and every part thereof to CITY against the lawful claims and demands of all persons claiming by, through, or under GRANTOR. DATED this i I day of ria:) ast Capital Development Company BY: i#d-l'7!7~~zY Robert L Blume - ~. / ,20()h. Public Utility Easements (Permanent) Page 1 of 3 58 ... T'" ....' ATTACHMENT "E" CORPORATE ACKNOWLEDGEMENT STATE OF WASHINGTON, County of Thurston) ss. The fore oing instrument was acknowledged before me this I ( day of 20Qh by Robert L. Blume, as President of Capital Develo nt Company a corporation and the foregoing instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and each of them acknowledged said instrument to be its voluntary act and deed. NOTARY PUBLIC State of Washington DIANA S. LANGSTON Commission expires 04/0412010 City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Capital Development Company PO Box 3487 Lacey, WA 98509-3487 Accepted on behalf of the City of Woodburn after authorization by its City Council on date GR--the condition that the interests conveyed ~ horoin are freo and clear from taxos, liens, ana- encumbrances. City Recorder: Mary Tennant Public Utility Easements (Permanent) Page 2 of 3 59 ... "T" ... ~ 1\;0' '-..,<10 ~'-.., 00>. ~ 00.. ~Iy (~<1<2!) '& ~ <2. ,~ ~ P.U,E. ~ SIDE ~_____ LINE II Ii I II -\. ,+ I,' ~"X //~1 0' IN I DE ~ " P I () l .U.E. /^-0 J '<:"">- I y I , r-~y. 'V l ~ /'V/ <0 I "X J ? I -\. ,~, ~ , (; II' CO I^'-."X /.; 0) /1f1 I ' I / I j"'-...,'. /1/ \ ,I /// 10' ItJIOE / ,~' IOU r 'c{ 'SJ,~ I,. C . / ,- <=~ 1'" '~ I C5 ',IV$' " ~ '0:'0 '''-,<7 0 " -J ') // ~ ~"'~G, ~~{ / I , , OO,0"'~6', "~0' , , '- (2',L') '-........./r ", ~?<? ') s ',0/ "', )" '- 1'1i,~ & ' . v~'> , (2'~~~~;>,"'", '----- 1J' !~TOE ,',,-~' -L~, V ~ '- " D. C~y/- 70~ ~ , ,_I , = , ~"D ?' ,~!:?, [foG; - - - - - - - - - - - - - - - - ~ -~- ~n '--L"'S"Q--- HOOPER STREET 0 0- r[:'01~~b:---=-=--=25'9 ~ i 1 ~--=-----=- - - ~\ - - ~ ~ - 1\'/ Public Utility Easements(Permanent) Page 3 of 3 ATTACHMENT "E" /'1)') q c) \.....: LOT 10 4.99 AC <0'0 0)' ~ ~ ,,~ OJ 0' n--.. /.1/ ,~ 0) 12' WIDE 6' EACH OF LOT LOT 9 5.93 AC c{; co'Y 0) ,-~ ,~O) o/fJ ~ o 60 ... . T'" 1!' L 6. ATTACHMENT "F" AFTER RECORDING RETURN TO: Woodburn City Recorder City of Woodburn 270 Montgomery Street Woodburn, OR 97071 CITY OF WOODBURN, OREGON PUBLIC UTILITY EASEMENTS (Permanent) Capital Development Company, GRANTOR, grants to the CITY OF WOODBURN, OREGON, hereinafter called CITY, a permanent easement and right-of- way, including the permanent right to construct, reconstruct, operate, and maintain Public Utilities on the following described land: A strip of land 10' in width along the length abutting Stacy Allison Way and measured perpendicular to the Stacy Allison Way right-of-way located on Lot 10, Town Center at Woodburn, City of Woodburn, Marion County, OR. GRANTOR reserves the right to use the surface of the land for any purpose that will not be inconsistent or interfere with the use of the easement by CITY. No building or utility shall be placed upon, under, or within the property subject to the foregoing easement during the term thereof, however, without the written permission of CITY. Upon completion of the construction, CITY shall restore the surface of the property to its original condition and shall indemnify and hold GRANTOR harmless against any and all loss, cost, or damage arising out of the exercise of the rights granted herein. The true consideration of this conveyance is One Dollar ($1.00), and other valuable consideration, the receipt of which is acknowledged by GRANTOR. GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of the above-granted premises, free from all encumbrances and that GRANTOR and their heirs and personal representatives shall warrant and forever defend the said premises and every part thereof to CITY against the lawful claims and demands of all persons claiming by, through, or under GRANTOR. DATED this / / day of (/) j II,<)T . 200b . Capital Development Company if) /, <~JA LJ/), BY: lfvtL-(i~{/r'~/~/~-\ Robert L Blume ~ Public Utility Easements (Permanent) Page 1 of 3 61 .... .-, ......, ATTACHMENT "F" CORPORATE ACKNOWLEDGEMENT STATE OF WASHINGTON, County of Thurston) ss. The for going instrument was acknowledged before me this / ( day of 2O:2.k by Robert L. Blume, as President of Capital Develo ent Company a corporation and the foregoing instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and each of them acknowledged said instrument to be its voluntary act and deed. NOTARY PUBLIC State of Washington DIANA S. LANGSTON Commission Explrea 04/04/2010 City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Capital Development Company PO Box 3487 Lacey, W A 98509-3487 Accepted on behalf of the City of Woodburn after authorization by its City Council on date on the condioon that the -interests conveyed- ~ herein are free and clear from taxes, liens, and encumbrances. City Recorder: Mary Tennant Public Utility Easements (Permanent) Page 2 of 3 62 ... T' "" 'I' PUblIC Ulilit'/ Easeme"\S(P""",""",t) page 3 oi 3 ~ v 0J ('0 (:; tJ v ""-y 0) \'1- .~D J ,~ "\7' 6; '~? 0' ~\ r- \ ,~ .J \ ~Tt ~Ct\MEN' "f" L\ 7 . ~, S5 </0 0::; , o 0" r: <l2e -::; o. ~y / LO\ 4.99 v~lCF p,U,\:-' ~ J\\n S IGF '_ r' ~'. l- \.J '\ I \'1 \:- 1.0 ~C 63 !t? o v If) (J .{)J ~ if) ,,~ /!} LO- 4.2 1C \" r 576 57 o '24"E L .' ~" ... ATTACHMENT "G" AFTER RECORDING RETURN TO: Woodburn City Recorder City of Woodburn 270 Montgomery Street Woodburn, OR 97071 CITY OF WOODBURN, OREGON PUBLIC UTILITY EASEMENTS (Permanent) Capital Development Company, GRANTOR, grants to the CITY OF WOODBURN, OREGON, hereinafter called CITY, a permanent easement and right-ot- way, including the permanent right to construct, reconstruct, operate, and maintain Public Utilities on the following described land: A strip of land 10' in width along the length abutting Stacy Allison Way and Evergreen Road measured perpendicular to the Stacy Allison Way and Evergreen Road right-ot-way located on Lot 11, Town Center at Woodburn, City of Woodburn, Marion County, OR. GRANTOR reserves the right to use the surface of the land for any purpose that will not be inconsistent or interfere with the use of the easement by CITY. No building or utility shall be placed upon, under, or within the property subject to the foregoing easement during the term thereof, however, without the written permission of CITY. Upon completion of the construction, CITY shall restore the surface of the property to its original condition and shall indemnify and hold GRANTOR harmless against any and all loss, cost, or damage arising out of the exercise of the rights granted herein. The true consideration of this conveyance is One Dollar ($1.00), and other valuable consideration, the receipt of which is acknowledged by GRANTOR. GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of the above-granted premises, free from all encumbrances and that GRANTOR and their heirs and personal representatives shall warrant and forever defend the said premises and every part thereof to CITY against the lawful claims and demands of all persons claiming by, through, or under GRANTOR. DATEDthis /1 dayof (1(f:Jlld ,200b. Capital Development Company BY: Udl;6(t;;)//cP Robert L Blume '----- Public Utility Easements (Permanent) Page 1 of 3 64 ..' ATTACHMENT "G" CORPORATE ACKNOWLEDGEMENT STATE OF WASHINGTON, County of Thurston) ss. /.'.The foregoing instrument was acknowledged before me this /1 day of Li:,l../O../ (~ 20<2.G:z by Robert L. Blume, as President of Capital Develo~ent Company a corporation and the foregoing Instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and each of them acknowledged said instrument to be its voluntary act and deed. NOTARY PUBLIC State of Washington DIANA S. LANGSTON Commission expires 04/04/2010 City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Capital Development Company PO Box 3487 Lacey, WA 98509-3487 Accepted on behalf of the City of Woodburn after authorization by its City Council on date en the condition that tho interests oonvoyed ~ herein are free and clear from taxes, liens, and cnoumbrances. City Recorder: Mary Tennant Public Utility Easements (Permanent) Page 2 of 3 65 ~, '~ ,y" ~,~Vy 0 ~, 00" 4, () /6' '&&, '" \^I I [) E ' / ~"'---- '-~. 1 () V~ . / I , / E / II / P.U.-. /// ,/ /U/'~ ' I, .'-..., '-, / I / ....... -- /- /.. / ~ / / I ~ / I, e /,' ~ / ~ i~ / ~'Y- / w8l / / ;; 3 I,.j:?:- / J!!.. / () /C') ~ .. 0) /() 3/ A.. /, Q) / y / c) ::l / 0v1 ! V / (;) ,- V / / \{ / . ~ / JCJ/ 0\ ~'Y- / 10' WIDe 0] I~ P.U.E. / II ," 0'5 ~./ ~Y'OJ I 00" C Y2& .~o, ''Z 1') ! ( /. .. ~ I LOT 7.50 1 1 AC l' "IN 5006'32 VB / LOT 6.51 352.95 12 AC v ' /) '("A:\ " .\" ^'<" \ <: ", "" \ <-.-\" "- '" /A<Y "- ^')).. ,<7 '\ XG',O , /y>.. A.) '/ <1 0,-0 ( ~ I I I ATTACHMENT "H" AFTER RECORDING RETURN TO: Woodburn City Recorder City of Woodburn 270 Montgomery Street Woodburn, OR 97071 CITY OF WOODBURN, OREGON PUBLIC UTILITY EASEMENTS (Permanent) Capital Development Company, GRANTOR, grants to the CITY OF WOODBURN, OREGON, hereinafter called CITY, a permanent easement and right-of- way, including the permanent right to construct, reconstruct, operate, and maintain Public Utilities on the following described land: A strip of land 10' in width along the length abutting Stacy Allison Way, Center Street and Evergreen Road measured perpendicular to the Stacy Allison Way, Center Street and Evergreen Road right-ot-way and an addition depth of 20' (making the easement 30' in depth) from 10' west of the return to 10' southerly from the return at the Northeast corner of said Lot 12 located on Lot 12, Town Center at Woodburn, City ot Woodburn, Marion County, OR. GRANTOR reserves the right to use the surface of the land for any purpose that will not be inconsistent or interfere with the use of the easement by CITY. No building or utility shall be placed upon, under, or within the property subject to the foregoing easement during the term thereof, however, without the written permission ot CITY. Upon completion of the construction, CITY shall restore the surface of the property to its original condition and shall indemnify and hold GRANTOR harmless against any and all loss, cost, or damage arising out of the exercise of the rights granted herein. The true consideration of this conveyance is One Dollar ($1.00), and other valuable consideration, the receipt of which is acknowledged by GRANTOR. GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of the above-granted premises, free from all encumbrances and that GRANTOR and their heirs and personal representatives shall warrant and forever defend the said premises and every part thereof to CITY against the lawful claims and demands of all persons claiming by, through, or under GRANTOR. Public Utility Easements (Permanent) Page 1 of 3 67 ... '1"'. 1!". ATTACHMENT "H" DATED this Ii day of w'6'tid' ,20oh.. Capital Development Company BY: &~eI~#?~ obert L Blume CORPORATE ACKNOWLEDGEMENT STATE OF WASHINGTON, County of Thurston) ss. . he fere oing instrument was acknowledged before me this / / day of Ie ' 2~ by Robert L. Blume, as President of Capital Develop' ent Company a corporation and the foregoing instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and each of them acknowledged said instrument to be its voluntary act and deed. NOTARY PUBLIC State of Washington DIANA S. LANGSTON Commission expires 04/0412010 City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Capital Development Company PO Box 3487 Lacey, WA 98509-3487 Accepted on behalf of the City of Woodburn after authorization by its City Council on date on the condition that the intcrcots conveyed ~ heroin arc frce and clear from taxeo, Iicna, and encumbranec3. City Recorder: Mary Tennant Public Utility Easements (Permanent) Page 2 of 3 68 .' -'.T'. r' v' Y' -:> 'y , /i!;<r')' '~/ " I, / / ( r'Ru J:?) " 'v' liP i'-/ 'rll . / / \... . 'AND S 1 ~ IVI 'I, (,~ I II, ' I' (vJ] 0 I " 'ANI T AFIY REEL (I/.~~v/ \'y , ,,....~,;;~/ CI'~[-l.. '-' -R EASEMl=.NT., 'J ' (& "" ",1\)- u.o---- , SU'c , __ . _ _, ,~ 0 , C, -- 6'), I / "/1 '- __, -- ,5:'l/, - 8 7 I] P ^ G. t 1 b I v' ,,) ) '- (u / I , , ~ '- c--. v, I 1(; '\ \J / " " 1"0", ")6" 0 1- r AIL A " / , ' I) I' "'" v, 'II, L ,..... ,--<., ~, , \,,' '\.. ' 'v..... <1 'J r';:? \ ( Cj rrt / I~\ C ,~ " y 7 ~ /,;;- ,-V" r-- ) Z'< .., %0 '\ (/.-1... 'y'\ ;.-::~r \:: 0 " "i IV, '- (' 'I '-' (' 4" "I,' '\ K, ',v',," G(:-A~ __ '"., / '\ ,-./ ' ./ 0; I I , ~'><'''' I V I '-. '- A^" \:/ & ~.o) ~/ '\..~y(\ ..:.--'", ' "- (0 (f: I ",y (-9 ''vQ-; (Z" 0' I '1', '-,(' __ v' ,,~ /, G <r 0 \...) '/' '>1 I ( ^ (/" ' __ &, '-, ? .l'/ ".i '"'-I ,'{, I -(..<" /'" " ~ , " ), '\ '. /'/ / VI <::, I \;S> '( " 6' __ 'y, __, / Q) l't', ..:.c,.~ /' 1 0,"?' /1 .h, '( >. 0>7' '\"" ,7 '- ,,, -- -'" '" II _p/ /)- , , '," __ <.r) / ~2<(' I . -- ~ (' 70'., ',-- , /^-..., 10 -G,-<;" , 0/ I CO . v u (':, , _ I I I 1>-' 0", -~ ' 0(': '\ " B '>' I if' \ -1- -- 1-' , 1--" -- SEE D ETA I L /I;YO'I;' I 1>-" 1---5'/', ", ~ __ __ ___~ /;/ , / 4,;;, 0'" -5'(' " <S'~ ~, ~ 1 0' WIDE / A(() _ / ;: /1 ~('(' ~ ' , <(-" __ __ P U E. -----y / c7 / / / /"------ j 0' WIDF "~70'7\' / / ~< ;0- /, P U E LOT 12 /Q 6' ", / / c,<!) / _ ' ~-- 6 . 51 A C 'Y", 'S,Q " "\ ~ 0'" '-;'<.-:,.; ~,--\'0<<::~'r\> / '< / ;:/ '---. 0--<,- : 76' ", <(' '-,,1"f9")7" ~/ "- '---_ I , '1)- 7 , [j) '- / '0j ",'" ,. IVS 30' W IO~ 10 ~ '~.:tJ:: / / \); " .q OJ, BEYOND RETURN '/ / /C,'<-- 0 00, EACH WA Y /<<~ 0^' / / (~ G Iy 10' WIDE I "V:l/0'>v?-~ 6',>6' -9 p, U E .: ,/ (,'> '> ,?-'V 6' \ k' ~ / {> / ,<--'v ?-0 ~/ (J ,'0 /0<0_,,- /, / <(' / 0- / ~ /A..., ;<; / /' ~ /I,~ (:)0- I I^- / kJ /~v0- / (/( 0<<: 1<0 <<; / <r / 0 I,~ ;/. /<;}({J. 11<v"<~ v 1 0' WID E II 1/ I I/.....,-\. -<-"\ U E ----..... / , ^y ^-... p, " "..( / 1'1 ^'-v ,.::. ) HEI.D LOT 13 7 . 1 9 AC ! .~ 1 LOT 7.50 11 AC N8B 053 ' 31 " (NB8 05?' 10 2 j j , 99' (M&I Nl007'09"E (Nl "07'50"E 89,26' (M&R) -a-a me <OCT 11l:::: o we s'e: w~ m m 3 CD :::J fii - \) CD 3 I>> :::J CD ;a. I\- 'l 10 ;;z. y \JlS~ 1,,), , q;\Y,,- ~(51\ C2.1 )> ~ )> n :z: ~ m Z -t .. .. :z: :: LOT 1 7.93 AC ATTACHMENT "I" AFTER RECORDING RETURN TO: Woodburn City Recorder City of Woodburn 270 Montgomery Street Woodburn, OR 97071 CITY OF WOODBURN, OREGON PUBLIC UTILITY EASEMENTS (Permanent) Capital Development Cornpany, GRANTOR, grants to the CITY OF WOODBURN, OREGON, hereinafter called CITY, a permanent easement and right-of- way, including the permanent right to construct, reconstruct, operate, and maintain Public Utilities on the following described land: A strip of land 10' in width along the length abutting Stacy Allison Way, Center Street and Evergreen Road measured perpendicular to the Stacy AlUson Way, Center Street and Evergreen Road right-of-way located on lot 13, Town Center at Woodburn, City of Woodburn, Marion County, OR. GRANTOR reserves the right to use the surface of the land for any purpose that will not be inconsistent or interfere with the use of the easement by CITY. No building or utility shall be placed upon, under, or within the property subject to the foregoing easement during the term thereof, however, without the written permission of CITY. Upon completion of the construction, CITY shall restore the surface of the property to its original condition and shall indemnify and hold GRANTOR harmless against any and all loss, cost, or damage arising out of the exercise of the rights granted herein. The true consideration of this conveyance is One Dollar ($1.00), and other valuable consideration, the receipt of which is acknowledged by GRANTOR. GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of the above-granted premises. free from all encumbrances and that GRANTOR and their heirs and personal representatives shall warrant and forever defend the said premises and every part thereof to CITY against the lawful claims and demands of all persons claiming by, through, or under GRANTOR. DATED this /1 day of (JifJ! /)-t , 20Qb... Capital Development Company BY: AcJ;d~/AL~ Robert L Blume Public Utility Easements (Permanent) Page 1 of 3 70 9"'" ....., AnACHMENT "I" CORPORATE ACKNOWLEDGEMENT STATE OF WASHINGTON, County of Thurston) ss. The fore oing instrument was acknowledged before me this II day of 202h by Robert L. Blume, as President of Capital Develo ent Company a corporation and the foregoing instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and each of them acknowledged said instrument to be its voluntary act and deed. NOTARY PUBLIC State of Washington DIANA S. LANGSTON Commlsston Expires 04/04/2010 City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Capital Development Company PO Box 3487 Lacey, W A 98509-3487 Accepted on behalf of the City of Woodburn after authorization by its City Council on date ~~rot~o a~07f~i~0~~h~~:~~ro~t~~~:, ~:;o~~~ ~ cnoumbmnooc. City Recorder: Mary Tennant Public Utility Easements (Permanent) Page 2 of 3 71 ... .'- ''1l'' . .. .. 'I' If\ CD UJ -0-0 ~~ (1)~ (1)0 c. 9.. a. (I)~ m ~ 3 (\) ~ ~ "'0 (\) 3 ~ ~ ,,//11\ \ U \ UH \1 Nt .~Q-~'jr-c'~) c >: C' n ~\ 0\:1!'\ IN fJ ~o [ \J\ \: N-\ ," .'. / _) \ )" G[ 7" SeE / ' ( FlELl 187(J P/\ ' c ,C{ ,/' ( DE1!'\l\'F' ", /." \,>-' i / / I , Q v' I >' "',' ;' ^ I ( - I 1\1" y~ (ry>--j-! __ 1 ' 0<1 v , / f'" k,,' I J\;') 0 , , Y "<;I" <l ' ~- 'J" ,,1/ / (" / ", J 0<1' 0 "IA/ !(.J,! \"I/! / ~ &, <1 ~ yv i c.-; / ( (!'.t<s:~J-v) i-~ ,j/~- S!,\N 1\ !'\H'{ !'\ NO S \ oRM ) ", (\1\),; C (cn'EN1-REEl _J u)Y~ (' sEW'C8 LY,JU'\ . ,,' '-::.~0}/o 871') p!'\Gc \67 . s'" IvOi\.0o , DEI A 1\ !'\ C L\ " '7 7 "-" !}~ <J:;. v:{) '< 0 _ ' ..q I\?' -- r: !,,~, ',,,Jr, "-, G!:;\',.'- " ,0",' tV!" ~ "... '7 ....--> ..;& ~ " ' , ...0J '. ...../ ,y 1.')4 ~,'" /:" .... ....' :;> <;- v/' "~ "~-2 ,-v{, <:'0" /< &:~ '5~ '- , J-., &"7 ,,:? "-, Jy -< /' --< "<-1. ,..... ./ /: )- 'Y'.~ ' .... /y r. <:' o. "" '-....., ' .... ~~ 4S~ ~ " C<::,'" ~~ ~ C~ .... '- 1-)'(' 1-)' '" 1-)'~ ' SEE ^>, "- ^> " / '" s/- ^>(' ,~s;, ~ 10' 'In DE / / / ~.,.' ",1' / / ^><,,(' <'2 ~ ^>('(' ", P IJ. E ~ / / 'V~\) ~ ' / / / )' -I '~)' ), ' / / ^> 6'? ~ ' , I ",'<.<<5+:1:> / / I'Q'6' ,-",' II (:,"/ - / 'Y)' ~ ~ '\ J~ " ;/ <&,~i/~<:; / / / 0,0 G(' ^ ~()" ~ 9' <P / /'----------10' \'n DE fy,,! '76' "r\" / I;; --\, P IJ E r <7 ''i)\:;S ~~ ":0"'''V- 8\( 1879 pG LO\" 13 7 . 19 {)..C ~ ~ ~ ~ ~ :; - .. .. ~ , ~ LO\" 12 6.51 I\C ATIACHMENT "J" AFTER RECORDING RETURN TO: Woodburn City Recorder City of Woodburn 270 Montgomery Street Woodburn, OR 97071 CITY OF WOODBURN, OREGON PUBLIC UTILITY EASEMENTS (Permanent) Capital Development Company, GRANTOR, grants to the CITY OF WOODBURN, OREGON, hereinafter called CITY, a permanent easement and right-of- way, including the permanent right to construct, reconstruct, operate, and maintain Public Utilities on the following described land: A strip ot land 10' in width along the length abutting Lawson Street and Evergreen Road measured perpendicular to the Lawson Street and Evergreen Road right-ot-way located on Lot 14, Town Center at Woodburn, City of Woodburn, Marion County, OR. GRANTOR reserves the right to use the surface of the land for any purpose that will not be inconsistent or interfere with the use of the easement by CITY. No building or utility shat! be placed upon, under, or within the property subject to the foregoing easement during the term thereof, however, without the written permission of CITY. Upon completion of the construction, CITY shall restore the surface of the property to its original condition and shall indemnify and hold GRANTOR harmless against any and all loss, cost, or damage arising out of the exercise of the rights granted herein. The true consideration of this conveyance is One Dollar ($1.00), and other valuable consideration, the receipt of which is acknowledged by GRANTOR. GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of the above-granted premises, free from all encumbrances and that GRANTOR and their heirs and personal representatives shall warrant and forever defend the said premises and every part thereof to CITY against the lawful claims and demands of all persons claiming by, through, or under GRANTOR. DATED this II day of a(Jt./.-)! , 2od? Capital Development Company BY: (U~~~4'/t:O Robert L Blume ~ Public Utility Easements (Permanent) Page 1 of 3 73 ..-' ~" ..... ATTACHMENT "J" CORPORATE ACKNOWLEDGEMENT STATE OF WASHINGTON, County of Thurston) ss. The foregoing instrument was acknowledged before me this / I day of , C 2~ by Robert L. Blume, as President of Capital Develo ent Company a corporation and the foregoing instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and each of them acknowledged said instrument to be its voluntary act and deed. NOTARY PUBLIC State of Washington DIANA S. LANGSTON CommissIon Expires 04/04/2010 City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Capital Development Company PO Box 3487 Lacey, W A 98509~3487 Accepted on behalf of the City of Woodburn after authorization by its City Council on date en the oondition that the interests conveyed ~ horoin aro free and olear from taxeD, licna, and encumbrances. City Recorder: Mary Tennant Public Utility Easements (Permanent) Page 2 of 3 74 llP".' .... AnACHMENT "J" Public Utility Easements(Permanent OJ (1l Page 3 of 3 q o c o ~ O~ ~E en ~ 1..:::r:3 ti 1 5.. ~ ~- -- - J\ ---- I Ln NOS M V l , r; Eo>,"~'~~ \.. cJr 7/' L!7T "" Ol]H ~\ ~ " "", 8(1l=:') \\ U\ \0 jo d,,~/ \ \ \\ \~ C~ 0 8 8 5 ~ It \~ ~] / ~ ~ ~ 6 WI' ~ \ tJ .) W 01 H .\'U "uJ S 0 ~J f- 0 3: ~ II \ ~ ~CDl1J CD \--/ O ;( \0=- 0l I ~ [L_/\ uJ ,--iO --..J~~ \ \7 ~j ~ LLJ IT " \A\ " uJ llJ IJ - C2J , at) \ \ = Ir-y-\ Ul (Ii ~ 0.. n C) if=' U ~ ~ J)f)/ .0 ..J '-::) 19' , \. ,--j .~ ~ l/ a fA. t) 1 \' m OJ' c- a fA. 3t)) \ ,,-j 1=-', ~ 0", m \,(.. 0- E:> a ~Cj :-.0 OJ ~--j 0 c S ..J co "f) ell z I~ ,-r--, "~: i"L' , , '. \ " l___~ ~__~ ~ ~\' /-'\J ) "\_~ " w- WD Ul= CD - ~ ( Ul ( LL rr~ H C ~ < ------., ----7 I , --" " \ " 75 " \A 'CJt) (\ lJJ f- lJJ L en c )' / /// ---- , I'll q , I \ \ .- ) (;,Irl 'e L u~ ~1 "t - ~ / '. /' / ! J ~t =- /' \- ...., ...-, .' ....- ~,.f\_ . . WQ.QDBVRN /tt(",porattd fSlJ9 lID ~~ . . January 8, 2007 TO: Honorable Mayor and City Council through City Administrator FROM: John C. Brown, City Administrator SUBJECT: Community Services Director Employment Agreement RECOMMENDATION: It is recommended the City Council: 1. Approve the appointment of James W. Row to the position of Community Services Director; and 2. Authorize the City Administrator to execute an employment agreement with Mr. Row, effective January 16, 2007. BACKGROUND: The City Charter provides the City Administrator authority to appoint department heads with City Council's approval. The Community Services Director position was created after the Charter was adopted and is not listed among the positions for which City Council approval is required. For consistency with other department head appointments, however, I am asking your approval of my appointment to the Community Services Director position, and for authorization to execute an associated employment agreement. DISCUSSION: The City Council approved consolidating the Library and Recreation and Parks departments during 2006-07 budget development. The Recreation and Parks Director and the Library Director positions were consolidated to create the Community Services Director position, and two program managers in Recreation and the former Assistant Library Director position were upgraded to division head status, to reflect the assignment of additional management duties to them. To minimize disruption of operations, vacant division head positions (Library and Aquatics Center managers) were recruited and filled first. Those individuals came to work with the City in September, 2006. In the meanwhile, Agenda Item Review: City Administratof- ~/ -) City Attorney ~ ) Finance& 76 ... T' ~' Honorable Mayor and City Council January 8, 2007 Page 2 . . the City conducted a recruitment to fill the Community Services Director position. Recruitment materials were directed to: cities in Oregon, California and Washington; to professional organizations representing Library, Recreation and Parks, and City Administrative professionals at the State levels in Oregon, Washington, California and Idaho; and to similar organizations with nation-wide membership. Announcements were also published in the Oregonian, and in regional and national employment publications. Minimum qualifications for the position, as identified in the recruitment brochure included: . Possession of a Bachelor's Degree in Public Administration, Recreation, Library Science or closely related field; Master's degree preferred. . Possession of a minimum of eight years of responsible administration and management experience in the field of public administration or community services, with at least three years experience as a department head or an assistant, with commensurate responsibilities, in a similar size or larger organization. Desired characteristics and qualifications, as expressed in the recruitment brochure, included: . Be a talented senior manager with extensive background in a Community Services Department of comparable size and complexity or a chief executive or principal assistant in local government with a passion for community services. . Possess an understanding of all aspects of community services, including recreation and parks, aquatics, libraries, and volunteer services. . Have a proven track record planning, designing, funding, and building parks, greenways, community centers, libraries, or similar facilities. · Possess strong financial acumen and a history of successful grant writing and revenue enhancement. . Have a commitment to progressive, best, management practices. . Provide a supportive environment where staff can work with independence, but remain accountable for their areas of responsibility. . Be visionary and innovative, goal driven, "results-oriented", and adaptable. · Promote excellent customer service and work well with the public and the business community. . Elicit creativity from staff. . Communicate effectively orally and in writing. 77 .... ........ ....~"- . ' Honorable Mayor and City Council January 8, 2007 Page 3 . . . Support equal opportunity and respects diversity · Bring an appropriate sense of humor and a "can-do" attitude to their leadership of the department Experience in a multi-cultural community, and Spanish language skills were also identified as beneficial, but were not mandatory. Twenty three (23) individuals from across the US, in two foreign countries, and in a US territory applied for the position by the September 29, 2006 deadline. Of that group, sixteen (16) who met job requirements and who appeared to possess the greatest number of desirable characteristics were invited to submit answers to supplemental questions. Responses were used to further assist in evaluating the candidates. Based on application materials and answers to the supplemental questions, the six individuals who most closely matched the City's needs were invited to interview. Interviews were conducted in November 2006. One candidate withdrew at the time of his interview to accept other employment. The interview panel consisted of Nancy Kirksey representing the Library Board, Bruce Thomas representing the Recreation and Parks Board, Chief Russell representing City departments, Steve Patterson representing Community Services Department staff, and myself. The panel selected the two strongest candidates for final interviews. I conducted those interviews in early December. Both candidates were well-qualified, and capable of performing well in the position. Of the two, I judge Mr. Row to be the strongest candidate. Mr. Row has experience in a Community Services department that consolidated Library and Recreation and Parks functions, and exhibited a good understanding of comparative forms of library service delivery. He also has solid experience in master planning, project delivery, local government budgeting and financial management, and strong interest in these areas. As well, he is well respected in his field and in the Oregon Recreation and Parks Association. Background checking by myself and a professional background investigation conducted by Debbie Youmans, former Deputy Chief of Police, yielded only positive results and suggest that Mr. Row should prove to be a valuable asset to the Woodburn organization. Mr. Row is currently a Recreation Services Manager in the Oregon City Community Services Department. Functionally, that position acts as an assistant department head. As an aside, Mr. Row began his recreation management career in Woodburn, as Assistant Aquatics Manager, approximately one decade ago. I have offered him, and Mr. Row has agreed to accept, the position of Community Services Director beginning in mid-January. Hiring is conditioned 78 .' T'. 11'". Honorable Mayor and City Council January 8, 2007 Page 4 . . upon an executed employment agreement. He has already completed pre- employment medical and drug screenings and the aforementioned background investigation. With your approval, Mr. Row will start January 16, 2007. Mr. Row will serve under an employment contract, as do all other city department heads, and his proposed contract is consistent with the agreements of other Woodburn managers. It has a three-year term, and guarantees the conditions of employment for that period. He will serve "at will" and can be terminated at any time, with or without cause. Severance will be paid if he is terminated without cause, after he has completed six months employment with the City. "Cause" is specified in the agreement. He may leave employment with the City during the contract period, with 30 days advance notice. Compensation is set at $86,000 per year. His salary may be adjusted annually by the City Administrator, based on successful completion of goals agreed upon between us. As with other senior managers under contract, Mr. Row will accrue 10 days per year of Executive leave in lieu of compensatory time off. Other major provisions of the agreement allow three months severance for termination without cause, paid membership in professional organizations, use of a city vehicle or reimbursement at the IRS rate for travel in his personal vehicle on city business, and 12 days vacation leave per year. The agreement compensates Mr. Row for the responsibilities he will execute during its term, sets into place a mechanism for recognizing performance in the future, and establishes a set of working conditions that are conducive to maintaining an effective working relationship between the City and Mr. Row. For these reasons, your approval of the attached employment agreement, and authorization for execution by the City Administrator, is respectfully recommended. FINANCIAL IMPACT: Mr. Row will receive compensation of $86,000 per year. Annualized, salary and benefits costs are $115, 244. Costs for the remainder of FY 2006-07 are $52,005 and will come from the General Fund. 79 ..' '~.- ...' Employment Agreement James W. Row City of Woodburn Community Services Director THIS AGREEMENT made and entered into this 4th day of January, 2007, by and between the City of Woodburn, an Oregon municipal corporation, hereinafter referred to as "City", and James W. Row, hereinafter referred to as "Row", both of whom understand and agree as follows: RECIT ALS Whereas, City desires to employ the services of James W. Row as Community Services Director of the City of Woodburn and desires to provide certain benefits, establish certain conditions of employment, and to set working conditions of said Employee, and to provide an inducement for him to accept and remain in such employment; and Whereas, Row desires to accept employment as Community Services Director of the City of Woodburn; and Whereas, the City Administrator has authority to execute this agreement on behalf of the City. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: 1. Duties City hereby agrees to employ James W. Row as the Community Services Director of the City of Woodburn to perform on a continuing basis the functions and duties which are described in the Community Services Director's job description, and to perform other legally permissible and proper duties and functions as the City Administrator shall from time to time assign. 2. Hours of Work Row shall devote his full work time to the duties and responsibilities of his position, and any additional work time reasonably required to discharge the duties and functions as assigned. This provision shall not restrict Row from using vacation or personal leave for teaching, consulting or related activities, provided these activities do not conflict with regular duties of Row. Row shall receive permission in advance from the City Administrator to engage in these activities to insure that no conflicts exist. EMPLOYMENT AGREEMENT - JAMES Row PAGE 1 80 3. Terms A. Duration and Effective Date. The term of this agreement shall be for three years, commencing January 16,2007 and ending January 15,2010. B. At Will Emplovment. Both parties acknowledge and agree that Row is considered to be an at will employee who may be terminated by the City with or without cause, pursuant to the terms of this Agreement. C. Extension of AQreement. The term of this Agreement may be extended by written consent of the parties for a period of time that is acceptable to both parties. If the parties decide to extend this Agreement, negotiations shall commence by July 15, 2009. 4. Termination Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of City for any reason whatsoever with or without cause to terminate the services of Row at any as provided herein. A. Termination for Cause. If Row is terminated during the term of this Agreement for cause, City shall have no obligation to pay the severance pay under this Agreement. For the purposes of this Agreement, "cause" is defined as follows 1. Indictment for an illegal act. If such indictment does not ultimately result in conviction, then Row shall receive severance pay. If the indictment does ultimately result in a conviction, Row shall not receive severance pay; or 2. Abandonment by Row of his position as Community Services Director; or 3. Determination by City that Row is guilty of fraud, dishonesty or any other act of misconduct in performance of Row's duties on behalf of City. Such determination by City shall be made in accordance with disciplinary and grievance procedures set forth in the adopted personal policies of the city in force and effect on the date of the alleged misconduct; or 4. Violations of any of the requirements of this Agreement. B. Termination Without Cause/Severance Pay. City has the right to terminate Employee without cause and without the payment of severance pay during the first six (6) months after the date this Agreement is executed by the parties. If City elects to terminate this Agreement without cause after the first six (6) months under this Agreement have elapsed, EMPLOYMENT AGREEMENT - JAMES Row PAGE 2 81 ... ."'T"" 11'" City shall pay Employee a lump sum severance pay equaling three (3) months of base salary. Severance shall be paid within thirty (30) days of the date of termination 5. Resignation Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Row to resign at any time from this position with City subject to the provisions of the Agreement. In the event Row voluntarily resigns this position before the expiration of the aforesaid term of employment, Row shall give City a minimum of thirty (30) days written notice, unless the parties agree otherwise. 6. Severance Pay If City elects to terminate this Agreement within Service Period, City will pay Row a lump sum severance pay equaling three (3) months of base salary. Severance shall be paid within thirty (30) days of the date of termination. 7. Compensation Effective January 16, 2007, City agrees to pay Row a base salary of $86,000 per year for services rendered. Such salary shall be payable in installments at the same time as the regular employees of City are paid. Annually, and based upon a performance evaluation by the City Administrator, an increase in salary may be negotiated. In addition, Row shall receive all cost of living adjustments granted to other permanent management employees of the City in calendar years 2007, 2008, and 2009. 8. Use of Automobile Row may have use of a City-owned vehicle to conduct city business when such a vehicle is available. When such a vehicle is not available, causing Row to use his privately owned vehicle, or where Row elects to use his privately owned vehicle, he shall be reimbursed by City for actual business travel at the maximum amount per mile allowed by the Internal Revenue Service. 9. Executive Leave In lieu and in place of compensatory time off applicable to other management employees, Row shall accrue ten (10) executive leave days per year. 10. Other Benefits With the exception of vacation, which Row shall accrue at a rate of eight (8) hours per month, City shall provide Row with a standard benefit package as is offered other fulltime City employees including health, dental and life insurance, PERS benefits, and sick leave. Row shall be allowed to participate in City's EMPLOYMENT AGREEMENT - JAMES Row PAGE 3 82 ..' ~~" 9"'; deferred compensation program. Consistent with general City policy, City shall pay on the "employer portion" of PERS and does not agree to "pick up" payment of the "employee portion." 11. Performance Evaluation The City Administrator shall evaluate Row's performance annually. The evaluation shall be in accordance with specific criteria developed by the City Administrator and with goals and performance objectives developed jointly by the City Administrator and Row. The City Administrator shall provide Row with a summary written statement of the findings of the evaluation process and adequate opportunity for Row to discuss the evaluation with the City Administrator. 12. Professional Development A. City agrees to pay for professional fees, dues and subscriptions on behalf of Row that are reasonably necessary to the participation in organizations necessary and desirable for continued professional growth and advancement. B. Subject to available funds and City Council appropriation, City agrees to pay the travel and subsistence expenses of Row for official travel, meetings and occasions reasonably adequate to continue the professional development of Row, and to reasonably pursue necessary official functions for the City. C. Subject to available funds and City Council appropriation, City agrees to pay travel and subsistence expenses for travel to and attendance at National Recreation and Parks Association and Oregon Recreation and Parks Association Conferences. D. Row shall maintain throughout the life of this Agreement valid memberships in the National Recreation and Parks Association and Oregon Recreation and Parks Association. City shall pay for these memberships. 13. Liability City agrees to indemnify, hold harmless and defend at its expense Row from any and all claims, actions, losses, damages, charges, expenses or attorney's fees to which Row may be subject to arising out of, or resulting from, the performance of his official duties hereunder, excepting from criminal acts or gross negligence. Notwithstanding the foregoing, City's obligation under this Section shall not apply to any punitive or exemplary damages that may be awarded by a Court against Row, EMPLOYMENT AGREEMENT - JAMES Row PAGE 4 83 ... T' .. .. 14. Other Terms and Conditions A. City may from time to time fix other terms and conditions relating to Row's performance hereunder, provided such terms and conditions are not inconsistent or in conflict with the provisions of this Agreement. B. Row shall perform his duties in accordance with all the laws, ordinances, rules and regulations applicable to his position. C. The entire Agreement between the parties with respect to the subject matter hereunder is contained in this Agreement. Except as herein expressly provided to the contrary, the provisions of this Agreement are for the benefit of the parties solely and not for the benefit of any other person, persons or legal entities D. Row acknowledges that he has not been induced to enter into this Agreement by any representation or statements, oral or written, not expressly contained herein or expressly incorporated by reference. City makes no representations, warranties or guarantees, expressed or implied, other than expressed representations, warranties and guarantees contained in this Agreement. 15. Notice Any written notice hereunder shall become effective as of the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addresses as stated in this Agreement, or at such other address as may hereafter be specified by notice in writing. In lieu of mailing, written notice shall become effective as of the date it is personally delivered to the addressee. Any notice required to be given under the terms and conditions of this Agreement shall be given as follows: City of Woodburn John C. Brown City Administrator 270 Montgomery Street Woodburn, OR 97071 James W. Row Community Services Director 3217 NE 64th Avenue Portland, OR 97213 16. Severability If any part, term, or provision of this agreement is held by the courts to be illegal or in conflict with the laws of the State of Oregon, the validity of the remaining portions of the Agreement shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision, EMPLOYMENT AGREEMENT - JAMES Row PAGE 5 84 ... T" ~ , II' In Witness Whereof, the parties hereto have executed this Agreement on the day and year first written above. CITY OF WOODBURN COMMUNITY SERVICES DIRECTOR John C. Brown, City Administrator ~ EMPLOYMENT AGREEMENT - JAMES Row PAGE 6 85 ... .'" ..' ('~'\ ,~ ~<'1'-~i.w~.\. . m: ' . ". WQ.ODBVRN , 11 C " r per a , .: J 1 tj tl '/ 1J'A~_ ~ L. liE ,--~ ~ . . January 4, 2007 TO: Honorable Mayor and City Council through City Administrator FROM: Steven Patterson, Recreation Services Manager SUBJECT: land 0' Frost Program Sponsorship RECOMMENDATION: It is recommended the City Council approve the continuation of the Land 0' Frost sponsorship of Youth Sports Programming, and authorize the City Administrator to sign the sponsorship agreement. BACKGROUND: Land 0' Frost lunch meat has been a supporter of Woodburn Youth Sports Programs for several years, and have committed to furnish the Woodburn Community Services Department a sponsorship of $6,100.00 for 2007. DISCUSSION: The Land 0' Frost lunchmeat company is offering a Youth Sports program sponsorship of $6,100.00. Per the agreement, we are obligated to putting the Land 0' Frost logo on the front or back of the jerseys of at least 61 teams, for a total sponsorship of $100.00 per team. Also per the agreement, we will recognize Land 0' Frost publicly by displaying a banner. and including their logo in communication pieces, i.e. Recreation Reporter. This agreement is consistent with sponsorship agreements that we have had in the past. FINANCIAL IMPACT: The recommended action will provide $6,100.00 for the purpose of offsetting City costs incurred as a result of youth sports programs. Agenda Item Review: City AdministratOf--- :: f<'7 City Attorney Finance 86 ... T' " ..' 117(, l '(1I1Ir~lclll) ~-:. Great Tasting l~unch1'neat Woodburn Parks and Recreation /LAND 0' FROST SPONSORSHIP 2007 Th~ ("(\llowing will be included in the comprehensive 2007 Land 0' Frost Youth Sponsorship Program for the l'ilrllanJ ~lI'-:a J"h-: t(J\lowing is a summary of the elements that wi\l be included in the annual sponsorship agreement between Woodburn Parks and Recreation (WPR) and Land 0' Frost (LOF), Thi~ agreement will commence on January 1,2007 and will terminate on December 31,2007, Sponsorship Elements: This sponsorship will focus on approximately 61 teams in the Fall 07' season, Land 0' Frost will sponsor teams under the age of 10, . Prominent Logo inclusion on the front or back of jerseys for 61 teams, (LOF will supply all necessary logo artwork and WPR will have the shirts printed. The LOF logo will need to be a minimum of 2 1/z"H x 10" W. Land 0' Frost to be the exclusive jersey sponsor, no other corporate logos to be placed on jerseys), . Coupon distribution in opening day packets, at tournaments, in mailings and other key functions throughout the year. (LOF will supply all coupons) . Announcements by team and league administration to parents / kids about sponsorship, . Opportunity for mention / inclusion of Land 0' Frost product message in any league / parent communication, . One approximately 4' x 8' banner (or similar signage) to be displayed where WPR teams, that LOF sponsors play, (LOF will give banner artwork and WPR will have banner printed) . L'lgO inclusion on SGS game schedules for teams sponsored, registration materials and newsletters if possible, . Land 0' Frost logo inclusion on the league web site. . Client will need Proof of Purchase (61 team pictures) by December 31, 2007. The Land 0' Frost logo will need to be clearly identified on the shirts in 61 team pictures. The pictures can be informal, taken with a digital camera or regular film. LAND 0' FROST WILL DONATE: $6,100.00 \Voodburn Parks and Recreation Representitive Land 0' Frost Representative KnOll 87 / '\ . ~~~.....44 .. ~ WQ.ODBURN '''((Hl,,,rpt.:J 188-1 IlF ~~ . . January 4, 2007 TO: Honorable Mayor and City Council through City Administrator FROM: Steven Patterson, Recreation Services Manager SUBJECT: National Football Grant Agreement RECOMMENDATION: It is recommended the City Council approve the continuation of the National Football/National Police Activities League grant for Youth Sports Programming, and authorize the City Administrator to sign the sponsorship agreement. BACKGROUND: The National Football League Foundation has been a supporter of Woodburn Youth Sports Programs for several years, and has committed to furnish the Woodburn Community Services Department a grant of $8,500.00 for 2007. DISCUSSION: The National Football League Foundation, through the National Police Activities League, is offering a grant to the Woodburn Youth Football program in the amount of $8,500.00. FINANCIAL IMPACT: The recommended action will provide $8,500.00 for the purpose of offsetting City costs incurred as a result of youth football programs. Agenda Item Review: i. City Administrator ~ City Attorney Finane , . . 88 ... .'" ... National Association of Police Athletic/Activities League, Inc. 658 W.lndlantown Road. Suite 201 Jupiter. FL 33458 Tel.: (561) 745-5535 Fax: (561) 745-3147 E-mail: coonkid@nationaloal.ofQ Cops and Kids Together - Providing solutIons through sports and education Website: WWW. n a t Ion a I D a I. 0 ra Dear NFL Grant Recipient, Congratulations on receiving the 2006 NFL Youth Football grant. The agreement with the NFL requires that we provide outcomes associated with the use of the grant awards. Because of this requirement we will be required to collect data for our quarterly reports to the NFL. National PAL is committed to making this process as convenient as possible for each grant recipient. Enclosed you will find a copy of your Sub-Grant Agreement which will require a signature of acceptance and a copy of all required reports. As soon as we receive your Sub-Grant Agreement and ""Packet A" of required reports, you will receive one half of your funding. At the conclusion of your football season and upon National PAL receiving "Packet B" of required reports, you will receive the second half of your funding. The National PAL NFL Grant Coordinator Betty Climo will provide technical assistance at 561-745-5535. All reports will be received by National PAL via U.S. Mail or other carriers to the attention of Betty Climo. No faxes will be permitted. You may wish to use some form of mail tracking to verify your documents were received by National PAL. Thank you for your support of National PAL and if I can be of assistance, please feel free to contact me. Sincerely, ///.,/....i/.) --1\/0-- -- , I L,' Michael D. Dillhyon Executive Director 89 - -r'< <t"" Woodburn, OR PAL SUB-GRANT AGREEMENT NFL Youth Football Fund I National Association of Police Athletic Leagues Your PAL Chapter has been awarded $8500 for the period of August 1, 2006 through January 31,2007 Tackle Program: Flag Program: $6500 $2000 By signing this agreement, you are agreeing to the terms of the NFL Grant according to the Grant Guidelines for 2006. Each PAL Chapter will submit the following information by the specified dates. Failure to do so will result in being disqualified from any future NFL grants and repayment of all monies received. National PAL must receive the following reports within 10 days of the receipt of this letter. After receipt of these reports by National PAL and they are reviewed, you will receive the first half of your grant award. Packet" A" 1. Sub-Grant Agreement 2. Listing of Paid Personnel 3. Listing of Advisory Board and Project Personnel 4. Participant Roster Upon the conclusion of your program (but not later than February 15, 2007), National PAL must receive the following reports. After National PAL has received and reviewed these reports, you will receive the second half of your grant award. Packet "B" 1. Final Attendance Report 2. Equipment Inventory 3. Success story in narrative fonn 4. Progress Report 5. Final Financial Report (must include receipts) 6. Newspaper Articles Failure to send the final six reports by February 15,2007 will result in forfeiture of second payment and repayment of first half payment that was issued to your Chapter. Project Administrator Date 90 ... ~><" '" ~:~~~:~-:~;~ ~.d~. WQ@iilliN I " , ,,' r " :: r ,/ I ~ ,I I" ,'i 'I 13A ~~ . . January 8, 2007 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Allen, Community Development Director~ SUBJECT: Planning Commission's Approval of Conditional Use 06-02, Design Review 06-10, Variance 06-11, Variance 06-12 and SWOD 06-01 located at the southwest corner of the intersection of Lincoln Street and Gatch Street. 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 December 14, 2006, the Planning Commission adopted a final order approving Conditional Use 06-02, Design Review 06-10, Variance 06-11, Variance 06-12 and SWOD 06-01 for conditional use and design review approval to construct a 47 -stall off street parking lot at the southwest corner of the intersection of Lincoln and Gatch Streets in the RS zone, variance to the buffer wall requirement for off street parking for a house of worship, variance to the boundary and connecting street improvement standard for Lincoln and Gatch Streets, and Significant Wetland Overlay District permit approval. The subject site, 1.79 acres in area and is located at the southwest corner of the intersection of Lincoln Street and Gatch Street. It can be identified specifically as Tax Lot #3800 on Marion County Assessor Maps as T5S, R1W, Section 18AA. The proposed lot will provide additional off street parking to the Mid-Valley Community Church located on Tax Lot #s 5500, 5600 and 5700. The subject site is zoned Single Family Residential (RS) and designated Residential Less Than 12 Units Per Acre and Open Space and Parks on the Comprehensive Plan Map. The subject property is currently vacant and is located to the north of Tax Lot #s 5500, 5600 and 5700. Tax lot #s 5500, 5600 and 5700 are currently developed as the Mid-Valley Community Church with an Agenda Item Review: City AdministratoJ .. ~C;...... City Attorney 91 >...,,,.,, ...' Honorable Mayor and City Council January 8, 2007 Page 2 . . existing 7,703 square foot church, off street parking and loading facilities and landscaping features. The properties to the north (across Lincoln Street), south, east (across Gatch Street) and west are zoned RS and designated Residential Less Than 12 Units Per Acre and Open Space and Parks on the Comprehensive Plan Map. Properties to the north are vacant or developed with single-family dwellings. The property to the south is developed as a parsonage for the Mid- Valley Community Church facility. The adjacent property to the northwest is developed with a single-family dwelling and properties to the west are currently vacant. The Woodburn Local Wetlands Inventory (LWI) shows significant wetland MC-3B located on the western portion of the subject property. According to Flood Insurance Rate Map (FIRM) 41047CO 138G, the 100-year and 500-year FEMA floodplains for Mill Creek intersect the western portion of the subject site. Previous land use decisions exist on the Mid-Valley Community Church site. On December 12, 1996 the Woodburn Community Development Director approved Site Plan Review Case File No. 96-17 for the addition of a 395 square foot office space to the existing structure for use by the church secretary. On December 4, 2004 the Woodburn Planning Commission approved Design Review Case File No. 04-12, Conditional Use Case File No. 04-06 and Variance Case File No. 04-21 to construct a 3,694 square foot modular classroom structure to establish a K-2 charter school on Tax Lot 5800 in the RS zone, and variance approval to the connecting street improvement requirement for Gatch Street. On September 14th, 2006, the Woodburn Planning Commission approved Conditional Use 06-01, Design Review 06-08, Phasing Plan 06-01, and Variance 06-10 for a two-phase expansion of the existing Mastery Learning Institute charter school located at 575 and 591 Gatch Street on Tax Lot 5800 in the RS zone from a 50-student K-2 school to a 125 student K-5 school and variance to the connecting street improvement requirement for Gatch Street. The applicant and Property Owner is Mid-Valley community Church. DISCUSSION: None. FINANCIAL IMPACT: There is no financial impact associated with the recommended action. 92 .' 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