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Agenda - 02/26/2007 CITY OF WOODBURN CITY COUNCIL AGENDA FEBRUARY 26, 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: None. Appointments: None. 4. PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: None. 5. COMMITTEE REPORTS A. Chamber of Commerce 6. COMMUNICATIONS None. 7. BUSINESS FROM THE PUBLIC - This af/ows the public to introduce items for Council consideration not already scheduled on the agenda. uHabra lnterpretes oisponibles para aquellas personas que no bablan Ingles, previo acueroo. Comunlquese al (503) 980-2.485:' February 26,2007 Council Agenda Page i l' T" T. 8. CONSENT AGENDA -Items listed on the consent agenda are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. A. Woodburn City Council minutes of February 12, 2007, regular 1 and executive session Recommended Action: Approve the minutes, B. Woodburn Planning Commission minutes of February 8, 2007 15 Recommended Action: Accept the minutes, C. Woodburn Recreation and Parks minutes of February 13, 2007 23 Recommended Action: Accept the minutes, D. Claims for January 2007 Recommended Action: Receive the report, 27 E. Police Department Statistics - January 2007 Recommended Action: Receive the report. 33 F. Community Services Department Statistics January 2007 Recommended Action: Receive the report. 38 G. Country Club Road Tree Removal Recommended Action: Receive the report, 39 9. TABLED BUSINESS None, 10. PUBLIC HEARINGS A. Supplemental Budget 44 Recommended Action: Conduct public hearing, receive public comment, and direct staff to prepare an ordinance to substantiate its decision. February 26, 2007 Council Agenda Page ii ?. ..,..,. ',.. 11. GENERAL BUSINESS - Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the City Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral prerogative. A. Council Bill 2655 - Ordinance providing a process for the 63 forced conversion of electric and communication facilities under the authority delegated by the State of Oregon Recommended Action: Adopt the ordinance, B, Council Bill 2656 - Resolution authorizing an inter-fund loan 79 from the Water Construction Fund to the Sewer Construction Fund Recommended Action: Adopt the resolution. C. Marion County Interagency Methamphetamine Strike Force 83 Interagency Agreement Recommended Action: Authorize the Chief of Police to sign the Interagency Agreement in order to provide a Meth Strike Force investigator. D. Position Upgrade: Evidence Technician 94 Recommended Action: Authorize the upgrade of the Evidence Technician position from part time (.75 FTE) to full time (1 FTE). E. Acceptance of Public Rights of Way & Public Utility Easement 96 Brown Street Recommended Action: Accept the Public Rights of Way as described on Attachment "A" and "B," and the Public Utility Easement as described on Attachment "C," F. Agreement with KJM for Construction Management Services 115 Recommended Action: Authorize the City Administrator to execute the addendum to the agreement for construction management services with KJM and Associates, Ltd. G. NORCOM Lease 131 Recommended Action: Authorize the City Administrator to execute the lease agreement with North Marion County Communications, February 26, 2007 Council Agenda Page iii ,r' '''I'" T' 12. NEW BUSINESS 13. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These are Planning Commission or Administrative Land Use actions that may be called up by the City Council. A. Planning Commission's Approval of Subdivision 06-02, 143 Variance 06-15, Variance 06-16 and SWOD 06-02 located at 344 Hardcastle Avenue 14. CITY ADMINISTRATOR'S REPORT 15, MAYOR AND COUNCIL REPORTS 16. EXECUTIVE SESSION A. To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192,660 (1 )(h). B. To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (1) (f). C. To conduct deliberations with persons designated by the governing body to carryon labor negotiations pursuant to ORS 192.660( 1 )(d). 17, ADJOURNMENT February 26, 2007 Council Agenda Pageiv .' SA TAPE READING COUNCIL MEETING MINUTES FEBRUARY 12, 2007 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, FEBRUARY 12,2007. 0015 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Community Development Director Allen, Police Chief Russell, Community Services Director ~ow, Community Relations Officer Meza, City Recorder Tennant 0052 ANNOUNCEMENTS. A) City Office Closures: In observance of President's Day holiday, City Hall offices and the Library will be closed on Monday, February 19, 2007. B) Woodburn Aquatic Center will be closed February 17, 2007 through March 11, 2007 for annual maintenance. C) 2006-07 Supplemental Budget Hearing will be held before the City Council on Monday, February 26,2007, 7:00 p.m., in the City Hall Council Chambers. 0096 APPOINTMENTS. A) Budget Committee: Mayor Figley appointed the following individuals to serve on the Budget Committee: Position II Rene Perez term expiration 12/31/2007 Position V Don Judson term expiration 12/3112009 MCCALLUM/NICHOLS... approve the appointments of Rene Perez and Don Judson to the Woodburn Budget Committee, The motion passed unanimously. B) Wastewater Rate Advisory Committee: Mayor Figley appointed the following individuals to serve on the Wastewater Rate Advisory Committee: Jeff Southwell Industrial business representative - Speciality Polymers Willis Grafe Senior Estates resident John Reinhardt Woodburn Budget Committee Martin Peterson Downtown Laundromat owner (Peterson Equipment) She also stated that she would like to add 1 more member to the Committee and requested that names of interested persons be submitted to her for consideration. Page 1 - Council Meeting Minutes, February 12, 2007 1 .,., ''r'" 't ' TAPE READING COUNCIL MEETING MINUTES FEBRUARY 12, 2007 COX/MCCALLUM... approve the appointments to the Wastewater Rate Advisory Committee as presented by the Mayor. The motion passed unanimously, 0230 PROCLAMATION: WOODBURN TULIP FESTIVAL - MARCH 20. 2007 THROUGH APRIL 22. 2007. Mayor Figley proclaimed March 20, 2007 through April 22, 2007 as Woodburn Tulip Festival Month and encouraged community support and participation in this annual event which promotes tourism into our area and promotes Woodburn throughout the country. 0325 PRESENTATION: 2006 CRIME STATISTICS REVIEW. Police Chief Russell stated that the City experienced a slight increase in violent crimes (1.9%) but a tremendous reduction in property crimes (-24.37%) from calendar year 2005. Even though the property crimes of burglary and arson saw reduced numbers, the greatest reduction was in theft and motor vehicle theft, The total index crimes for 2006 decreased by -25.23% and, over a 3-year Crime Trend, total index crimes decreased by -5.95%. He reviewed a number of slides that provided more detailed information on specific offenses categorized within the department's index crime comparison for the period of 2003-2006, The index crime clearance rates on all cases for the time period between 2005 and 2006 increased by approximately 3%. He also reviewed the reduction in cases that had have a connection to methamphetamine. The Police Department responded to 22,858 incidents in 2006 which included public service and, of the incident categories, traffic had the highest number of calls for service. In the department's goals and objectives, they will (1) continue with the assault on methamphetamine which includes enforcement, prevention, and education; (2) continue to work on gang suppression through enforcement and intervention; and (3) will look for more community involvement by facilitating district meetings, district projects, and strategic planning, Chief Russell stated that, during the last year, he had seen a tremendous change in the amount of involvement within the community and his staffhas become more willing to talk to people in an effort to keep communication open between the residents and the department which has lead to the reduction in street crimes. Mayor Figley stated that greater public openness and respect have a lot to do with the professionalism of the entire department and the City has exceptional people working within the department. Councilor Lonergan questioned how gang suppression relates to the downturn in crimes. Chief Russell stated that the amount of major gang offenses are very small with the majority of gang offenses relating to graffiti. The Police Department has been working with the Juvenile Department to work with youth in North Marion County to address gang issues. A key individual in this area is the City's School Resource Officer since he often will hear about incidents at the school and the department is then able to deal with the issue. Page 2 - Council Meeting Minutes, February 12, 2007 2 ,r' '''1'"- ',.' TAPE READING COUNCIL MEETING MINUTES FEBRUARY 12, 2007 Councilor McCallum questioned how the number of calls for service compare to the prior year. Chief Russell stated that the department had received 24,398 calls in 2005 and 22,858 calls in 2006, He stated that incidents are generated in a number of ways such as an officer talking to someone, a traffic stop, telephone calls, etc, and he is unable to provide detailed information on how the incidents were generated. Councilor McCallum stated that a lot of work has been focused on the methamphetamine issue over the last few years resulting in a decrease in some areas but there continues to to be a problem within the community that relates to schemes. Chief Russell stated that schemes he referred to in his staffreport involved checks and internet scams and, while locally the small methamphetamine labs have been affected by various enforcement actions, there still is a supply of the drug on the street that needs to be dealt with. 1247 CHAMBER OF COMMERCE REPORT. Walt Blomberg, representing the Chamber, stated that the Chamber office has officially moved to downtown Woodburn and they are very pleased with their new facility. He encouraged the public to visit the Chamber at their new location which was recently renovated by the new property owner, Tom Flomer. He stated that the Chamber was an active participant is the annual Distinguish Service Awards (DSA) event which shows the Chamber's commitment to not only work with the business community but to become involve in honoring individuals within the community for their work in making Woodburn a better place to live and work. He also stated that the Chamber is involved in the Access Summit which brings School Districts from the surrounding area together to work with local industries and business owners to talk about how a strong work force can be built in the future, This is the second annual meeting and he is encouraged with the potential results from this Summit. Councilor McCallum stated that he had met with State Senator Peter Courtney who had also been in attendance at the DSA program and Senator Courtney was highly complimentary of the Woodburn Chamber of Commerce. Mr. Blomberg stated that Executive Director Nick Harville actively goes out to meet people within Woodburn and the surrounding area, and the Chamber has been working with the City and other organizations to develop partnerships that enhance our community. 15] 5 WOODBURN SCHOOL DISTRICT REPORT. Walt Blomberg, School Superintendent, stated that the International Baccalaureate (IB) program was initiated in 2002-2003 and many people did not believe that it was the type of program to bring to Woodburn, however, this program has almost tripled in size since it first began. The program consists of students from every demographic group within Woodburn High School and these students are excelling in the program. He stated that there is some discussion to offer Advanced Placement classes to high school students Page 3 . Council Meeting Minutes, February ]2,2007 3 'W' ","" ....."'... .... I TAPE READING COUNCIL MEETING MINUTES FEBRUARY 12, 2007 which are the more traditional class that provide college credit to students through community college connections, however, he also mentioned that students in the IB classes can also earn college credits through Chemeketa Community College. In regards to the Small Schools (high school level), it is moving forward but has had some problems along the way and staff is still working through the transformation. Overall, the students are benefitting from the change and staff is adjusting well to the transformation. 1797 LETTER FROM WILLAMETTE BROADBAND. Mayor Figley informed the public that Willamette Broadband had submitted a Rate Change Notice to the City whereby they would be increasing their cable service rates to customers effective March 1, 2007, 1835 CONSENT AGENDA. A) approve the Council Meeting minutes of January 8,2007; B) approve the Council Work Session minutes of January 20,2007; C) approve the Council Special Meeting and Executive Session minutes of January 27, 2007; D) receive the Claims report for December 2006; E) receive the Building Activity report for January 2007; F) receive the Planning Project Tracking Sheet dated February 5,2007; G) receive the Aquatic Center Project update report; and H) receive the Police Department Statistics report for December 2006. Councilor McCallum referred to the Planning Tracking sheet and questioned the number of applications that are shown as incomplete. Community Development Director Allen stated that staffhas limited control on when an applicant supplies all of the required information so that the application is deemed to be complete and ready for staff processing. Staff provides oral, and written, communication to the applicant on the criteria that needs to be addressed to assist the applicant in completing the application.. MCCALLUM/LONERGAN.... adopt the Consent Agenda as presented, The motion passed unanimously. 2000 COUNCIL BILL NO. 2653 - RESOLUTION OPPOSING ANY LEGISLATION THAT IMPOSES LIMITS ON THE ABILITY OF LOCAL GOVERN~IENTS TO ADOPT PARK SYSTEM DEVELOPMENT CHARGES BASED ON COMPREHENSIVE MASTER PLANS. Councilor Sifuentez introduced Council Bill No. 2653. The bilI was read by title only since there were no objections from the Council. Councilor Cox stated that he would be voting in favor of the bill with some reservations. There is a need to generate park money through system development charges but, equally important, there is a need to generate revenues for the school district. He recognizes that, as a political matter, it might be necessary to tie in school system development fees Page 4 - Council Meeting Minutes, February 12,2007 4 ~. '''1'"'''' ',. , TAPE READING COUNCIL MEETING MINUTES FEBRUARY 12, 2007 with some kind of an overall limitation on development fees as a whole, He felt that there should be some legislative action taken that would allow for some school system development fees but he would be voting in favor of this bill in order to try and preserve the City's ability to impose park system development charges on new developments within the City. Councilor McCallum agreed with comments made by Councilor Cox, however, he felt that the system development charges should stand on their own and he would be in more favor of them being specific for schools provided that they are meaningful charges and the charges are high enough to have an impact for the district in which they are collected. On roll call vote for final passage, the motion passed unanimously. Mayor Figley declared Council Bill No, 2653 duly passed. 2294 COUNCIL BILL NO. 2654 - RESOLUTION AUTHORIZING THE CITY TO APPL Y FOR A GRANT FROM KaBOOM FOR PLAYGROUND RENOV A TION AT NORTH FRONT STREET PARK. Councilor Sifuentez introduced Council Bill No. 2654, Recorder Tennant read the bill by title only since there were no objections from the Council. Mayor Figley stated that last year's project was a success and hoped that the City would be able to do another project this year through this program. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No, 2654 duly passed. 2370 ACCEPTANCE OF BANCROFf BOND APPLICATION. Staff recommended the acceptance of a late Bancroft Bond application on the Boones Ferry Road improvement submitted by Raymond and Ann Albright, 1314 Jacob Street. NICHOLS/BJELLAND... accept the Bancroft Bond application submitted by the property owner within the Boones Ferry Road Local Improvement District which was filed after the initial 10-day filing period. The motion passed unanimously. 2402 2007 OLCC LIOUOR LICENSE RENEWALS. As discussed within the staff report, staff recommended renewal of fifty-three (53) existing licenses and the denial of one (1) license (Salvador's Bakery ill / EI Corralejo). Robert Sepp, attorney representing the licensee, stated that many of the incidents are reports and of the 98 calls for service, only 31 calls were of concern and 9 of these calls resulted in some type of action, As required under the current compliance agreement, they are required to tell anyone who is intoxicated to exit the establishment and to bar intoxicated individuals from entering the establishment. Since the intoxicated individuals are not allowed in the building, they feel that there is no direct correlation to their establishment since those individuals could have gone to or come from another liquor establishment in the immediate area. Additionally, the Police Department had recommended to the licensee that they call the Police if there are incidents in or around Page 5 - Council Meeting Minutes, February 12,2007 5 'PO' "'1''''' ,. , TAPE READING COUNCIL MEETING MINUTES FEBRUARY 12, 2007 there establishment. They feel that they are being punished for making the calls when the police department advised them to take that action. He stated that the compliance report calls for written infonnation in English and Spanish, however, the compliance plan is only in English and his clients do not read English nor are they familiar with some of the tenns in the agreement. He did not feel that it was a well-written compliance plan and should have been more specific to the establishment. He also stated that this establishment has a large parking lot and many individuals park their vehicles in the parking lot but visit other liquor establishments in the area. Additionally, there is no direct evidence that would show that fights were from EI Corralejo rather than from another establishment. He requested that Salvador's Bakery ill / EI Corralejo be given a recommendation for OLCC license renewal and the licensee be given an opportunity to have the compliance plan reviewed and further explained to them. Councilor McCallum questioned the on-premise security at this establishment. Mr. Sepp stated that they do have employees who are designated as Security but they are not certified Security officers. Also, the individuals doing security are posted at the door and do both interior and exterior walk-throughs for intoxicated individuals, The business does not have video equipment available. Councilor Cox stated that there would have been a perceived problem in order to have the compliance agreement in place and, according to the staff report, there continues to be problems at this establishment. He felt that there must be some validity to some of the problems outlined in the staff report and that the licensee is responsible for making sure that they understand the conditions outlined in the compliance plan. He also stated that the final decision is made by OLCC but he would be voting in favor of the Police Department's recommendation. Councilor Bjelland questioned if the establishment was still in non-compliance with the OLCC food rule requirement. Mr. Sepp did not know the status of this OLCC violation. Councilor Nichols stated that it was his understanding that the licensee had the violations explained to them and he questioned if the licensee now understands the violations and compliance plan. Mr, Sepp stated that they now understand the violations that they can control but many of the police report violations involve the business being located in an area with multiple bars within close proximity and this business cannot control what goes on in the sidewalk area or other activities outside of their business. The licensee is fully aware of the violations and compliance plan. Mayor Figley recognized the need for businesses to periodically call the police for assistance, however, in looking at the list of businesses recommended for approval some of which currently have or have had compliance plans, she felt that this business did not meet the established City standards to evaluate a business and she would be in favor of following the Police Chiefs recommendation. Chief Russell stated that the compliance plan is a standard plan of which most of the licensees operate under and, in this case, it was agreed to by the licensee in 2004 when Page 6 - Council Meeting Minutes, February 12,2007 6 '" " ''r"'' ". 't' TAPE READING COUNCIL MEETING MINUTES FEBRUARY 12, 2007 they first applied for a license. This compliance plan was explained to them by Sgt, Bill Torres in both English and Spanish. He stated that OLCC requires licensees that do not speak English have at least one (1) staff member on at all times that do speak English and licensees can be fined for not having an English speaking person on the premise. He stated that he had reviewed the calls for service and had concerns on 55 of the calls of which less than 5% were generated by the business. The Council's policy states that the Police Department will not hold calls that are generated by the business for assistance against them when reviewing license renewals and those are not the calls being discussed at this meeting, He stated that the issue relating to food service and failure to obtain a construction permit were found to be in non-compliance by OLCe last week and it is unknown what OLCe will be doing with these issues. He agreed that intoxicated persons on the street are the responsibility of the Police Department but licensees cannot accept visibly intoxicated persons into their establishments, Councilor Lonergan questioned if Salvador's Bakery and Salvador's Bakery ill have common ownership. Chief Russell stated that it has been 2 or more years since there was common ownership. 3615 Councilor McCallum questioned the license status of Top of the Tee Restaurant and The Bunker. Chief Russell stated that the names of current establishments had been provided to the City by OLCC for action since they still have a valid license until they no longer meet OLCC license requirements. Councilor Nichols questioned the license renewal fee paid by the licensees. It was noted that the OLCC renewal fee to the City is in addition to the City's business license fee. Businesses recommended for approval are as follows: Off-Premise Sales: 7-11 Store #2353-17416B, Bi-Mart #643, Safeway Store #1976, Crossroads Grocery & Deli, Salvador's Bakery I, E-Z Stop Market Grocery & Deli, A & J Market, Gary's Market #1, Woodburn Shop N Kart, The Raven Inn, O'Donnell Enterprises (AM-PM Mini Mart), OLCC Store #60, Top of the Tee Restaurant, Su Casa Imports, Woodburn Grocery Outlet, Woodburn Stop N Go, Piper's Jewelry, Harry & David, Woodburn Fast Serve (Woodburn Chevron), Roadrunner V Woodburn, Young Street Market, Walmart Supercenter #1793, US Market #109, Your Northwest, and La Azteca Full On-Premise Sales: Chu's Eatery, Los Cabos Mexican Restaurant, Lupita's, Eagle's Lodge #3284, OGA Members Course, Denny's at Woodburn, The Bunker Bar and Grill, Billy 0 Deli & Pub, Perla's Restaurant, Elmer's Restaurant, The End Zone Sports Bar, Elk's Lodge #2637, Rumors Bar & Grill, and Yun Wah Chinese Restaurant Limited On-Premise Sales: Abby's Pizza Inn, Pizza Hut, Taqueria Guadalajara, The Raven Inn, 7 Mares Restaurant, Salvadors Bakery, Top of the Tee Restaurant, Shari's of Woodburn, Nuevo Arandas, Woodburn Lanes, Cactus Grill Taqueria, Fonzie's Deli, El Armadillo Loco, and Cactus Grill & Taqueria & Restaurant II. Page 7 - Council Meeting Minutes, February 12, 2007 7 ,., '''1''''' T' TAPE READING COUNCIL MEETING MINUTES FEBRUARY 12,2007 COXIMCCALLUM... recommend to OLCC the renewal of fifty-three (53) businesses listed businesses and the denial of one (1) listed licensee (Salvador's Bakery ill / El Corralejo) listed in the staff report dated February 12,2007. The motion passed 5-1 with Councilor Nichols voting nay. Councilor Nichols stated that he voted nay on this motion not because of this one business but because of issues surrounding intoxications and of the number of lives taken away because of intoxicated persons. He is not in favor of this type of business both from a religious standpoint as well as common sense. Councilor McCallum stated that the report briefly discussed an incident where the owner was cited, and convicted, for furnishing alcohol to a minor and ordered to pay a $377 fine. He felt that the fine for this type of offense should be greater, Administrator Brown stated that staffis disappointed with OLCC's performance within our community since they seem to be lenient in applying the rules. There have been a number of incidents in which minors have been served and OLCC continues to give the establishment more chances rather than taking enforcement action, Last year he had written a letter to OLCC on this issue and would like again this year to write another letter encouraging them to go ahead and deny this application. He would also like to direct this letter to the City's legislative delegation this year so that they can hopefully work with aLCC management on this issue. Councilor Nichols stated that a recent newspaper article indicated that there are other communities within Oregon that are also beginning to apply pressure to aLCC regarding their lack of concern in performing their job. It was the consensus of the Council for staff to forward a letter to aLCC addressing the City's concerns, 4257 LIOUOR LICENSE GREATER PRIVILEGE - THE RAVEN INN. 262 N. PACIFIC HIGHWAY. A full on-premise sales liquor license application was submitted by Tina Wiltsey, DBA: The Raven Inn. This establishment currently has a limited on-premise sales license and staff is recommending that Council recommend to aLCC the approval of a license for greater privilege. BJELLANDILONERGAN... recommend that the OLCC approve a Greater Privilege application for the Raven Inn, me.. Councilor Cox stated that several years ago the Raven Inn had been a problem establishment and he questioned if the issues with the owner had been resolved, Chief Russell stated that there has been a considerable change in the conduct of their business over the last few years and the owner has been taking the initiative to call him when there has been a problem to see what can be done to correct the problem. The motion pass 5-1 with Councilor Nichols voting nay. Page 8 - Council Meeting Minutes, February 12, 2007 8 l' '''r - T TAPE READING COUNCIL MEETING MINUTES FEBRUARY 12,2007 4422 WOODBURN FOUNDA TION( NICHOLS/SIFUENTEZ... appoint Councilor Cox to serve on the Woodburn Foundation's Board of Directors, Councilor Cox stated that he would be willing to serve on the Board. The motion passed unanimously. 4504 VIDEO PRODUCTION SERVICES AGREEMENT WITH WCAT. Staff recommended that the current agreement be revised which provides for live, and taped re-broadcast, of various City meetings on Woodburn's public access television channel. NICHOLS/MCCALLUM... approve and authorize the City Administrator to execute the attached agreement for video production services with W oodbum Cable Access Television. The motion passed unanimously. 4566 ACCEPTANCE OF PROPOSAL AND AWARD OF CONTRACT _ NORTH FRONT STREET IMPROVEMENTS. BJELLAND/NICHOLS... accept the proposal and award the contract to Harper, Houf, Peterson, Righellis Inc, for professional consulting design services in connection with North Front Street improvements in the amount of$225,815.00. Councilor Cox stated that DeHaas & Associates had provided design and construction engineering services for the North Front Street project between Hardcastle and Highway 214 since January 2000 and, as time has lapsed, the configuration of the Front Street project has changed. He also stated for the record that Mr, De Haas is a personal friend and has been a client of his for almost 30 years. In regards to the current situation, there was a personality conflict between Mr. De Haas and a City engineering staff member which eventually led to the termination of the existing contract with Mr, De Haas since there was a provision in the contract that would allow the City to terminate the contract without cause at anytime. The difficulty with this is that when a new consultant takes over the work to be done, there is extra expense incurred and inefficiencies in getting up to speed on the work to be done. He felt that it was a mistake to terminate the contract even though the City had a right to do so, When a decision was made to go out for a Request for Proposal for work on this project, De Haas & Associates was one of several consultants submitting a proposal but Mr. De Haas did not make the final cut with the reason given by the City that he had a small firm with no electrical engineer on staff. Councilor Cox stated that in the consideration process, the City chose to first examine the qualifications of the applicants without regard to what they would charge for their services. He objected to City staff looking at the size of the firm and combined experience as a major criteria rather than looking at what qualifications a small firm with their contacts could provide to the City. He stated that he was criticizing the selection process and realized that the firm recommended to receive the contract will most likely receive it, however, he would be reluctantly voting against the contract award to Harper, Page 9 - Council Meeting Minutes, February 12, 2007 9 ,,' ""1'''''' "!"' TAPE READING COUNCIL MEETING MINUTES FEBRUARY 12, 2007 Hourf, Peterson, Righellis Inc.. Ordinarily, he did not feel that the Council should get involved in these kinds of decisions made by the City's professional staffbut he knows something about this issue and feels that this was not a fair process, a professional insult to Mr. De Haas, and it will cost the City more money in the long run, He also stated that if the $225,815 contract is awarded to this new finn, they will be instructed to design the entire project from Oak Street north to Highway 214 and he feels that this project should be held up until such time as revenue sources are clearly defined to complete the project. Currently, the City will be short of funds for the project since the utility undergrounding will cost about $1 million more than the original estimate. In the event the contract is awarded to this firm, he expressed his opinion that the award be with the condition that no design work be done north of Hardcastle Avenue until the Council makes the final decision and funds are budgeted or a source of money is identified to complete the project. In regards to utility undergrounding, he personally feels that it is desirable and should clearly be done in the main core area of downtown but whether it is done all of the way out to Hwy. 214 at this time is debatable ifthe money is not available, He did not want to approve this contract and give the consultants the ability to immediately begin design on the full project since there are still decisions to be made on the Scope ofthe project. Councilor Nichols questioned how far to the north De Haas & Associates did go on their designs for the City. 5587 Administrator Brown stated that the original contract did not include the downtown area and undergrounding and sidewalk replacement are other areas of work that need to be designed, Staffhad to either amend the contract with De Haas & Associates or go out for bid on another contract that would extend the work from Hardcastle to Cleveland Street and, at the staff level, it was decided to go out for proposals in part due to the change in purchasing procedures the City is required to follow in more recent years since the De Haas contract was entered into in January 2000. Staff struggled with options on having one or two different consultants working on this project and decided to go out to bid. He agreed that there may be some additional start-up costs but staff wanted to be able to have a consulting firm with individuals capable of picking the project up and moving it forward rather than the firm using sub-contractors to complete the work. Staff also felt that with the utility undergrounding, it was important to have an electrical engineer on staff and that the selected firm have prior utility undergrounding project experience. He stated that once the project gets started, staff wants to get the project completed rather than doing it in bits and pieces. Staff has been in contact with the recommended consulting firm and informed that they will need to hold off on doing any of the electrical undergrounding work until the Council discusses this issue at their next regular meeting. If the Council elects to approve the contract, staff can make sure that the undergrounding design work will not be started until the Council thoroughly discusses the issue. Councilor Bjelland questioned if the consultants were required to submit a bid estimate at the time they submitted their qualifications. Page 10 - Council Meeting Minutes, February 12, 2007 10 ,r' '''1'''''''' ,. , TAPE READING COUNCIL MEETING MINUTES FEBRUARY 12, 2007 Administrator Brown stated that the bid was on qualifications only since the Public Works Director prefers to look at costs after he has reviewed the qualifications since getting the right firm for the job is of most concern, This then allows the City to negotiate a cost with the consultant of choice and, in this case, the top two consultants interviewed were given an opportunity to submit cost estimates, He stated that the Director had negotiated a cost with the firm of choice which was considerably less than the firm's original cost proposal. Councilor Cox felt that the kind of process outlined by the Administrator would make sense if a project is just beginning but, in this case, a portion of the project has already been done even though some changes need to be made, There is a cost involved in getting new consultants to perform the engineering work and, in this case, Mr. De Haas was excluded before any consultant costs were submitted to staff for consideration. 6640 Public Works Director Tiwari reviewed the process that was followed in other public works projects and noted that the City has had other major projects which involved a change in consultants as different phases ofthe projects took place. In this case, he was not part of the selection committee but he did get involved with the negotiations of the contract with the firm of choice in order to get the cost within the range of his staffs cost estimate. In regards to electrical undergrounding from Hardcastle to Highway 214, Director Tiwari stated that the cost will be around $429,000. He also stated that work will soon need to commence on this portion of the project if it is to be done during this year's construction season and assured the Council that no significant expenditure would be made in the project area which is under discussion by the Council. Director Tiwari hoped that the Council is comfortable in that, professionally, the selection process was done ethically, morally, and legally correct. He assured the Council that Mr. De Haas is one of the great engineering professionals and by contracting with another firm does not mean that he will not be considered for other City engineering jobs. Councilor McCallum expressed his opinion that he would like to see the design work completed so that the full project cost can be evaluated and then a decision made as to what, if any, changes should be made based on available resources. Mayor Figley also felt that the two segments should be designed together thereby giving the Council a better idea of what all is involved in making an ultimate decision if cost cutting is required in any area. She realized that there will be more discussion to take place on electrical undergrounding and the means of funding but, in the meantime, she felt that having the design work proceed would be of benefit to the City. Administrator Brown stated that staff is planning on bringing the forced undergrounding issue to the Council for discussion at the next regular meeting. Tape 2 0554 COX/BJELLAND... motion on the floor be amended to add a proviso that the consulting firm not be given the go ahead to any undergrounding work on the project beyond north of Hardcastle until the Council further authorizes. On roll call Yote, the motion to amend passed 4-2 with Councilors Nichols and McCallum voting nay. Page II - Council Meeting Minutes, February 12,2007 11 " '" 'T' ", l TAPE READING COUNCIL MEETING MINUTES FEBRUARY 12, 2007 0608 On roll call vote on the motion as amended, the motion passed 5-1 with Councilor Cox voting nay. 0711 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Community Development Director's approval of Design Review 06-12 located at 1535-1575 Mt. Hood Avenue (Mid-Valley Plaza): Approval was given to construct a drive-through coffee facility on the southern portion of the site. Councilor McCallum questioned as to how many parking places will be lost with the construction of this facility. Community Development Director Allen stated that there were approximately 13 parking spaces be taken out but some of the parking spaces will be replaced on the subject site. The entrance on Mt. Hood A venue will be improved so that it meets current City standards and internally there will be some improved traffic flow, Also, the facility is being placed in a location that will not interfere with the visual clearance area for motorists. No action was taken to bring this land use action for review. 1040 MAYOR AND COUNCIL REPORTS. Councilor Bjelland stated that MW ACT and Region IT agreed to submit a request to aTC for $2 million to be allocated to the Woodburn Interchange specially dedicated to the Park N Ride lot area, A portion of the funding of the West Eugene Parkway was not going to be used and the State was re-allocating funds back to the various Regions for use on other projects. Recently, the Federal Highway Administration approved funding for an environmental assessment plan for the Woodburn Interchange which will now allow for a final design of the interchange. The only remaining barrier now is to raise the funds to complete the improvement. He also stated that at the last MW ACT meeting, he was elected to continue serving as Chair for MW ACT. 1257 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn to executive session under the statutory authority ofORS 1 92.660(1)(h) and ORS 192.660(1)(f). NICHOLS/MCCALLUM... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 8:50 p.m. and reconvened at 9; 16 p.rn.. 1292 Mayor Figley stated that no action was taken by the Council while in executive session. Page 12 - Council Meeting Minutes, February 12,2007 12 'f' ''P'"'' T TAPE READING COUNCIL MEETING MINUTES FEBRUARY 12, 2007 ADJOURNMENT. MCCALLUMlSlFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9: 17 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 13 - Council Meeting Minutes, February 12,2007 13 ,"," .'" ...,... - ,. , Executive Session COUNCIL MEETING MINUTES February 12, 2007 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, FEBRUARY 12, 2007. CONVENED. The Council met in executive session at 8:55 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Present Present Present Present Present Mayor Figley reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public, Staff Present: City Administrator Brown, City Attorney Shields, City Recorder Tennant The executive session was called pursuant to the following statutory authority: (A) ORS 192.660 (l)(h) - To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed; and (B) ORS 192.660(1)(t) - To consider records that are exempt by law from public inspection. ADJOURNMENT . The executive session adjourned at 9: 15 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page I - Executive Session, Council Meeting Minutes, February 12, 2007 14 ,"' '''1'"' '.' "r' 8B WOODBURN PLANNING COMMISSION MEETING MINUTE February 8, 2007 CONVENED The Planning Commission met in a regular session Council Chambers with Chairperson Lima presiding. Commissioner Hutchison led the salute to the flag. Chairperson Lima questioned members of the Planning Commi~ton having potential such as family, financial, or business relationship with anYC.9fiJtjf applicants or with regard project in question. If such a potential conflict exists, he,CJ~~wwhether!he commissioner in question belie~es he or s~e .is with~ut actual bias or w~~t~( he or sh~~~ Id like to step down from the Plannmg Commission dUring the case. :".: " ROLL CALL om. We will consider '11 follow the hearing wishing to speak are individuals speaking Chairperson Lima announced: agenda is available attn cases one at a time according to the order listed in the" procedure outlined on the public hearing procedure board." requested to come to the podium and give their name and a from other than the podium will not be recognized. Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Vancil Grigorieff tchison ,ings MINUTES A. Wooc:tburnf'lanning Commission Meeting Minutes of December 14. 2006. CommisSicine'tl\GrosJaooues moved to accept the minutes. Vice-Chairperson Bandelow seconded therTi<?tion, which unanimously carried. BUSINESS FROM THE AUDIENCE None. COMMUNICATIONS A. WoodbumCity Council Meeting Minutes of December 11, 2006. No comments made. Planning Commission Meeting February 8, 2007 Page 1 of 8 15 'P' .. ''t'' .. ,.' PUBLIC HEARING Chairperson Lima asked the Planning Commission if there are any challenges or declarations. Commissioner GrosJaCQues stated he knew Ms. Hammack, correspondence, but saw no conflicts with the current project nor A. Subdivision 06-02, Variance 06-15, Variance 06-16 a!1q~WOD 06-02, Castle Subdivision, Tim Murphy and Gerald Stascausky, W~I . Engineering, applicant. The applicant requests preliminary approval to su Hardcastle Avenue into six single-family residE3rl line of Lots 3, 4 and 5 toward the shared ac ' and connecting street improvement standard "". . Wetland Overlay District permit approval to allow portion of a significant wetland MC-3C on it. located at 344 orient the front lot ce to the boundary nue, and Significant on a parcel that has a (Staff Recommendation: Approval with Conditions) Associate Planner Richlino Report. with the Staff STAFF REPORT The subject property is located at the Marion County Tax Assessor's acres in area al1 ntly vacant. and designat~ . ss than 1 the CompreljEi p. and identified as Tax lot #2400 on W-Section 070. The property is 1.68 zoned Single Family Residential (RS) r acre and Open Space and Parks on Propertj~t9the North ("ss Hardcastle AVfj); West and Southwest are zoned RS and desigl1f.l~Yresidentiat,t~, LJrlits p~~,acre. Properties to the East and Southeast are zQnedHiiS and Py '],/, " "fc(f>/SP) and designated residential less than 12 units petH;i1crEfEi[ldO,Space<and PaJ"l(s. The properties to the North and Northeast, Southwestapct ',' ,,' e developed with single-family residential dwellings. Properties to the East and $() , '~9.t are currently vacant. The local wetlands inventory shows significant wetland Me.:.'3~ located in the Southeast portion of the subject property and the 100-year FEMA flood plan intersects with the site at that point as well. Staff worked with the appliC<:\nt to facilitate access from the subject site to the future Mill Creek Greenwa). The applicant requested preliminary approval to subdivide the property into six (~) single-family residential lots and proposes to improve the south side of Hardcastle Aveflbutting the site with new sidewalks and street trees. A proposed cul- de-sac street (CasJle Court) will improved to provide access to the subdivision. .i The applicant submitted a geotechnical report with the proposal, which states that between 1.5 feet and 12 feet of undocumented fill is located on the site currently. It does have some variation topography beyond the actual Mill Creek Greenway drainage located on the Southeast of the site. Planning Commission Meeting February 8, 2007 Page 2 of 8 16 ,r' ',",.., 'r' '(t;' The geotechnical report recommends that building footings be placectirlyi~ soils below the fill or the fill be removed and replaced with structural fill. In additiQ ,f{ states that the contractors be responsible for selecting excavation and de-wate.~ hods and monitoring the excavation for safety and providing shoring, aSOif '. otect personnel and adjacent utilities and structures. The Woodburoi:ttlit '.' ..... has required through a condition of approval that additional.geote....'gW1..'.;: 'tcal repo.........r..9.........Y.,.......ided at the time of building permit submittal for each lot. The cOhdjJl6n requires t . . ,~l material will be removed and any backfill will be performed in accordance withthe'" recommendations of the geotechnical report'flf 1;;1 The applicant's request met all of the applicable st~r1,ards of th~Woodburn Development Ordinance with the exception of theR posed 10tCl~~ tation of Lots 3, 4 and 5 toward the shared access easement ratb . an Castle.- '. and meeting the boundary and connecting street improvemel') .... menU dcastle Avenue. The applicant submitted variance requests to oriSm U .. of Lots 3, 4 and 5 toward the access easement and to the boundary cf ng street improvement requirement for Hardcastle Avenue. The size, shape and natural features of the site create a haJ' . the applicant to maximize the development poten he site while meeting ensions of the RS zone. About 13,000 sq. , ~pted wetland Southeast. The site is narrower at the North end'" ith that Impediment in the widest part of the site, the app lots towards the access easement, which comes off Ca outhern end. Lots 3, 4 and 5 would have their front yard$. acces asement because that is where automobiles will access the 10 . allows single-family residences or flag lots to orient their lots in a direction 0 wards the street. The applicant has shown that the re etbacks can' the lots oriented toward the access easement and ,. . . lots meet t' .. ..... square foot lot area, 60-foot minimum lot width and: 1~9~ .. e lot depth req . ent for new single-family lots in the RS zone. Staff supports th S ~~ance request. i' ';';/1 The applicant proposes a new internal street and cul-de-sac, Castle Court. The subdivision plan ~~ows the right-of-way width and street cross-section of Castle Court meeting the requit~ments for a new Local Street in the Woodburn TSP. The applicant proposes a 17 -foot wide right-of-way dedication, new property line sidewalk, sod lawn, irrigation and street trees along the Hardcastle Avenue frontage of the site. A condition of approval also requires the property owner to enter into a non-remonstrance consent agreement with the City to participate in future street improvements on Hardcastle Avenue. The street and right-of-way improvements proposed by the applicant are proportional to the impact of the development proposed in the current submittal. Staff supports this variance request. Planning Commission Meeting February 8, 2007 Page 3 of 8 17 "., '''1'"' .' 't' He concluded the presentation, recommended approval of the applicati611~nd was available for questions. ';i11tiF '.:;>'j- '[i~, Chairperson Lima asked about the lot frontage improvements th:at~J'~~~ted in the site ma p ')t,r{;< <,{ff"; . . . '>, .;r '/ Associate Planner Richlinq stated that the conditions of apprQ.val for the subdfQ~r two options for making improvements. The street woul~Qave to be construct~a time of or prior to any building permits being issued orth,Japplicant provide a bond: incremental improvements of each lot as they are builtarld then release each permiti released. Chairperson Lima also inquired about the narro the proposed Castle Court subdivision. rip locatedinth~ northwest portion of Associate Planner Richlina ~! This specific tree will require' condition of approval requiredf The applicant has shown on th avoided during construction. Theij ard, OR, 97223, Welkin Engineering, and Stascausky. They agreed with the will be selling the lots individually or ;^<-i~k;. AnthOnYS~~~jri y will be done in phases, but is unaware of a final decision on the development.. ',;;y:~"" ~ -" ....~ ~., ,-, Vice-Chairperson Bandelow i/1quired about the steepest lots located on the East side (lots 3 and'4) and thesf<:>ping Viith developments including sprinkler systems. Having layers on top o( each other aMd would watering and rain cause sliding on slopes. Anthony stated thlilt the geotechnical report will require the removal and replacement of the fill. There are ib,dividual piping systems for storm water for each lot. On this site, the amount of sliding 'fould not be to a degree similar to the ones in central Oregon. There is a substantial w~tland on that slope, but did not foresee any issues in the future in regard to stability. Chairoerson lima asked the applicant if he was familiar with the correspondence submitted by the neighboring property owner. Planning Commission Meeting February 8, 2007 Page 4 of 8 18 " "'!'"'" 'T" "/ Anthony stated that he was aware of the correspondence and has con!aged the individual and discussed briefly the situation and saw no problematic; situation. The -l finished elevation for the road system as designed, is 182' and thes,c>. property line of the site is 177' with a 5' differential. There is a ravine located ~twE)~: tv-'o property lines and it stabilizes the slope. The concerns of sloping of vege~tidn'are"e unlikely to happen. . .."jl "" )l ". ..... Commissioner GrosJacques asked about the houses d~!re West end of the prop~., . ....., and the water draining down the hill currently and is t~ uation being addressed~~;'!'YN'i",';'~ Kathleen Hammack, 365 Charles S R 97071, proponent. She stated that she had concerns in regard to her p he stabilization on the North and East end towards the p~~, out seven ( 0, she had the foundation repaired due to the slippage!"';;.; ',.' The corre . ce submitted addresses the concerns such as water~d . .....;1.~' of fill on th operty line raising the elevation to 4' above the bac-1property ~fE!,ation. In speak th the engineers of Welkin Engineering, they haveS that by remo much of the fill and stabilizing with engineered fill; it will be.ll g~tt~...h~)~Cl~}level as the surrounding properties. 'U~,: _~:'-":_:':" ',"--':.'-i-- ::,:,:,,:<_;:;::,:,.,::}&;_.- Dale Nelson, 343 Charl~St, WOOdbul'rnobR 97071, proponent. He stated that his main concern wastQ$!anc;tf~vels. He questioned the applicant about the possibility of recourse aftectingtheproperties and finding resolutions to the issue. f:,_i_,,::f Ed Christensen, 71765 SW Fir Loop Ste 204; applicant. He commented about the landscapin .. recommendations in the soils report that were disc' the site overall. The friction factor on the native soils o. '.' , There is no anticipation for erosion or slippage. The report of the soil and re-stabilization ofttle.$' .He stated that grading permissions, to remedy the dr~:f the subject si properties. . , Welkin Engineering, construction and hout and the stability of s found to be good. ,settlement, erosion , '. ith proper nd adjoining Chairperson Lima invited Propon Chairperson Lima invited Opponents of the application. None. Chairperson lima invited the applicant for a rebuttal. Christensen statef,1 that the property drains from the high point down to Mill Creek and with the valley itdr-ains down to the soil to the properties on the south end side. They cannot construct properties to drain from one property onto another and by setting a condition by blocking and picking-up the drainage; it cannot impact the adjoining properties. Commissioner Vancil asked the applicant if by Oregon Statute Law, it could not impact recourses on surrounding properties. Christensen agreed in the affirmative. Planning Commission Meeting February 8, 2007 Page 5 of 8 19 '!" ''r '" T' on the south Commissioner GrosJacQues asked about the construction with a 5'$e side once permits were granted. Christensen stated that it could be 5' of setback, but that thed:~~ig determined. ' Chairperson Lima closed the hearing and opened for dis,yusslon amongst the Commission members. Vice-Chairperson Bandelow asked staff about thEH . ~st madEt to the Parks and Recreation Department for an easement. Associate Planner RichlinQ stated that it future access to the Greenway from Castle Recreation Department since the future Mill Cf out project in this area. This seemed an appropriaf. Greenway Plan in the area of the site at this time. Vice-Chairperson Bandelow m€l<:f~ct. 15, Variance 06-16 and SWQ . decision and addition of then of approval, seconded by Co 02, Variance 06- ROLL CALL Chairperson Vice Chairper Commissio Commissi Commissr Commi Comm[ Lima Bandel GrosJac Vancil Grigorieff Hutchison .._rillip yes yes yes yes yes yes Commi$$id~~t"(3ro$Jacc:Ju~ri,b\l~.fbt pt the Final Order for approval of Subdivision 06-02, Varil:lJ'1~96--1':'Variance 06-16 and SWOD 06-02. Commissioner GriQorieff seconded themotiot'ilV'hich passed unanimously. ITEMS FOR ACTION Cancel Planning Commission Meeting for February 22, 2007. Commissioner GrosJacQues moved to cancel the February 22, 2007 Planning Commission meeting. Commissioner Vancil seconded the motion, which passed unanimously. DiSCUSSION ITEMS Community Development Director Allen handed out a Press Release in regard to the approval from the Land Conservation and Development Commission from January 2007 on the Urban Growth Boundary Expansion and the Industrial and Commercial Land analysis. Planning Commission Meeting February 8, 2007 20 Page 6 of 8 .' '''1''0 - T' ~7 'ii' , <~j ~'. .'. .;,\1 LCDC is working on an official written document that contains the 6~iY appeal period, which is from the date signed and where individuals will have an op' nity to appeal to the Court of APpeals.:'.:,/<> ,'; i. .:".,.,.';::..-'~' ,..' ".~~..~j':~;S;;:;j~~H::;:...:".:.'j0(:~;~~~A There is a meeting set up next month to discuss the street wi~ with Dl(::O~\'" ",:1' " " ' Commissioner Vancil asked if the projection of the UGB was to see developmenta$.tl1e~h economy changes.;" n developed by the The information It identifies the t have been Community Development Director Allen stated thell where it would annex sections for developmenlbLlt, some land available due to the adoption of theU Residential lands. A. Work Session to discuss Period Review and TranS' Community Development Director Allen commented Community Development Department and Public Works contains history and current prQyiSion$Qf the WDO that were the variances, street standar~~nd, street standa considered. The staff is currently working onfi:l applications. The provision for a va street exceptions focusing on stree for the City due to the impact analys improvement q~ t$;,... ptions being Type III nSlo tandard with the WDO and he exception process has more value ts created with development in the ion Manager., ' "."Works. Rohman stated that Public ng the '. .', . / Impact (TI) Fe~$:,nd Sewer and Drain Connections (SDC) s. The excep~bn process is beiJl~:f reviewed for impact analysis. Most ts are mino~Cll'1d .s~~kPClr1itiB~jWith 400-500 sq. ft. buildings and dividing lots. '" ,',' ~pplications forvariances.shqwed that the impact was minimal with a 2% impaCtotfttleis!ree~; "?I'" ,'.'.";: :'. .:....'.;:,:. .,..:,.::.;~i/ Commissiont:u"V8I'1Cllqsked about an arterial street having a higher impact and including a non-remonstrance condition of approval that would help with the traffic impact. Rohman stated that a 10nQ-range projection of projects and new streets is being developed, that will ease the,traffic impact on the major arterial streets. The long-range plan also includes extensions to Ben Brown Ln toward Evergreen Rd. There are optlonsbeing considered so that impact is not so high on Settlemier Ave. As the street system ~xpands it will improve. Some other considerations would be some left turn lanes added at major intersections. Vice-Chairperson Bandelow asked about the exception process being a Director's decision and not being a Planning Commission decision and the impact for the applicant. Planning Commission Meeting February 8, 2007 21 Page 7 of 8 ..". '''1'''.' T' Rohman stated that the exception application would have been included)Vith the project. The fee is less and an exception would be granted. This will also al~ d staff time and focus on larger projects. .'$\~~; 'C. ',', )t_~y_ ./';:~:1 Community Development Director Allen stated that the ideab~hJ9d t~~~rote~"is to be more productive. A variance is subjective with discretionstoR,:gve the impa~~nc;i..\Vith the exception process there is an analysis generated by engIpeering (TIA).FolloWtOg the exception process would help identify substandard streetl> and would require the'.::>..>",. developer to improve the street. Another discussion was. create a method so that smaller impacted streets have an expedited process. if h:"<:!-" t'lf REPORTS A. Planning Tracking Sheet B. Building Activity Report for December 2006 No comments. BUSINESS FROM THE COMMISSION;' None. ,: .~, , m ;-,~: ADJOURNMENT "ii ;;the meeting. Vice-Chairperson Bandelow ed. Meeting adjourned at 8:25 pm. ~:-;--<-;_::--;:;;::-t~ "'T...,>t1 APPROVED 'J CLA~610 L1MAf<:f.tA.IRPERSON Date ATTEST Jim Allen.. /,/ COmmUf'ljtylD~velopment Director City of Woodburn, Oregon Date Planning Commission Meeting February 8, 2007 22 Page 8 of 8 l' ~, 'T" ~ T' Minutes Woodburn Recreation and Parks Board Tuesday, February 13, 2007 7:00 p.m. 8e 1. Call to Order With the Chair position vacant, Rosetta Wangerin, Board Secretary called the meeting to order at 7 p.m. 2. Roll Call Board Chair Board Secretary Member Member Member Member Member Vacant Rosetta Wangerin Bruce Thomas Joseph Nicoletti Judy Wesemann Eric Yaillen Vacant Vacant Present Present Present Absent Present Vacant Staff present: Jim Row, Community Services Director; Steve Patterson, Recreation Services Manager; Debbie Wadliegh, Aquatics Manager, Paulette Zastoupil, A.A. 3. Introduction Rosetta Wangerin introduced Jim Row as the new Community Services Director. 4. Approval of Minutes from October 17,2006. Bruce Thomas/Joseph Nicoletti - Motion to accept the minutes from October 17, 2006 after correction made to the Board Comments. The motion passed unanimously, Added: Joseph Nicoletti agreed he would like to see the SDC's used in the Mill Creek Greenway. He would also like to see SDC's collected in the future northern UGB expansion area earmarked for the purchase of parkland in that area. 5. Annual Election Nomination was made by Rosetta Wangerin for Bruce Thomas to Board Chair. Bruce Thomas accepted the nomination, Nomination was made by Bruce Thomas for Rosetta Wangerin to Board Secretary. Rosetta Wangerin accepted the nomination. Joseph Nicoletti/Eric Yaillen - Motion to accept Bruce Thomas as Board Chair, and Rosetta Wangerin as Board Secretary. The motion passed unanimously. Rosetta asked Bruce to conduct the remainder of the Board meeting. 6. Business from the Audience Eric Yaillen excused himself from the Board to speak as a member of the public. He announced that the Woodburn Area Youth Golf Association had recently registered as a non-profit organization and had applied for their 501 (c)(3) status. He announced the OGA Golf Course will be holding Junior Golf Clinics March 27 - 29 in which the first two days were free registration. The Page 1 23 '" '''1'"' ~.' T' Minutes Woodburn Recreation and Parks Board Tuesday, February 13, 2007 7:00 p.m. third day of the clinic will have a fee of $15,00 enrolling the participant in the WAYGA. Eric asked for adult volunteers and mentors to help and encouraged them to call him at the OGA Golf Course, He explained that WAYGA would teach youth the rules of the game, and life skills. Eric then shared he had sent out letters asking for letters of support in purchasing land north of the OGA course for a future youth training center, Bruce requested to see a map of the proposed purchase. 7. Division Reports Recreation - Steve Patterson Steve reported that the Recreation Department will assume responsibilities from the Woodburn Youth Ball Association for the Girl's Softball program. Youth baseball will be starting in March/April, and Adult Basketball is continuing. He encouraged the community and service organizations to call if they are interested in helping with community events such as the 4th of July and Walt's Run. He shared that he had been working with Mayor Figley and a group of citizens to create the Woodburn Community Foundation, a nonprofit 501 (c)(3) and also a Weed and Seed Grant in partnership with the Woodburn Police Department. These two sources would help with youth programs, capitol improvement projects while enhancing cultural, social and recreational opportunities for Woodburn. Steve also reported that he was submitting a 2007 KaBOOM! Challenge grant of $4500.00 for playground replacement in North Front Street Park. He asked the Board for a letter of support to be submitted with the grant on February 28, 2007, The Centennial Park Ballfield #3 project is moving forward, A recent building inspection identified some items that the contractor will need to address before placing the roof over the framing, Public Works is just starting to prepare all of the fields for play this spring, Bruce Thomas asked about plans for activities at the Plaza, and Steve stated that volunteer entertainers of family oriented events were being sought. Aquatics - Debbie Wadleigh Debbie reported that the pool re-plastering project would not take place until the fall 2007 maintenance closure, since the only bid we received happened to be twice our approved budget. Board discussed the safety of the pool surface, and Debbie assured the Board that it would have to crack into the re- bar to be unsafe. The electrical panel upgrade will be completed during the closure from February 17 through March 11. The Board also discussed the air quality problems and Debbie reported that they were re-installing the ozone water treatment system equipment with the hope of reducing the amount of chlorine bi-products in the air and water. Debbie also shared that the City is conducting an energy effiencency audit of all city facilities, including the Aquatic Center. She commented that the month of May was National Aquatics Month and that their focus would be water safety in pools, rivers and lakes. Debbie reported that the Barracudas Swim Meet brought in 12 teams. She also shared how she was blending and scheduling school district, swim teams and public use to better utilize the pool. Eric Yaillen Page 2 24 " "' T' '" T' Minutes Woodburn Recreation and Parks Board Tuesday, February 13, 2007 7:00 p.m. asked if she had adequate lifeguards and Debbie replied how they were training staff with the updated state standards during the pool closure. She also shared the difficulty of managing the staffing levels when part time non- union employees are restricted to working 19 hours per week or less, She is always seeking certified applicants. The Board had a discussion about the inadequacy of the Aquatic Center's outdoor lighting, indicating that it should be addressed in the expansion plans, Rosetta Wangerin asked about the National Aquatic Conference Debbie was attending. Debbie shared how she looks forward to bringing back program ideas, cross training and problem solving techniques that were shared at the conference with other professionals. Parks and Facilities - Jim Row Jim announced that the Community Services Department administrative offices (RSVP, Library, Recreation and Parks) were now located at City Hall in the old Police Department area. He announced the upcoming Budget Committee meeting dates. He reported that the preliminary trail design and cost estimate has been completed for the Mill Creek Greenway Phase I (south section) project. This design work was funded primarily through a National Park Service grant. When this section of the trail is complete, it will serve as a model, which should assist in the development of funding necessary for the completion of future phases. Jim presented a copy of a resolution the City Council adopted Monday opposing the changes that the State Legislature is contemplating making to the System Development Charges statute. He explained that the potential changes might combine school and park charges and impose a cap on the amount that local jurisdictions can collect. These changes would negatively impact our ability to finance park improvement projects that are recommended by the City of Woodburn's Parks and Recreation Comprehensive Plan, He indicated that the City is supportive of the concept of school SDC's, but does not favor the manner in which the Legislature is considering implementing them. He shared that the Oregon Recreation and Parks Association (ORPA) is encouraging local jurisdictions to communicate their opposition to this legislation to their representatives. Rosetta requested that legislative contact information be shared with Woodburn citizens so that they could also communicate their concerns. Jim explained the legal uses of SDC monies to the Board. He expressed the need to update the Comprehensive Plan and Park Master plans and was anxious to schedule a Board workshop date to plan yearly projects that would meet the Council goals, 9. Future Board Business Board Workshop was scheduled for Wednesday, February 28, 2007, 6:00 - 8:30 PM. 10. Board Comments Joseph Nicoletti asked what park the KaBoom! Grant would be used for and Steve clarified it would be used to update the playground at North Front Page 3 25 T' .', 'T"'" 'f' Minutes Woodburn Recreation and Parks Board Tuesday, February 13, 2007 7:00 p.m. Street Park. Rosetta Wangerin thanked Bruce Thomas for chairing the remainder of the meeting, 11. Adjournment 8:20 p,m, Rosetta Wangerin, Board Secretary Paulette Zastoupil, Recording Secretary Date Date Page 4 26 ,.' '''-"'''' ',"' WOODBUhN L 1 \' t.; DATE 2/1:0/0'1 TIME 10 :,_~:";O CHECK U \H<.CK JlilTE PAYEE NAMf C I T Y 0 F woe D BUR N STATUS CHECK REGIETER STATUS LATE UPDATED CHECK AMOUNT RECONCILED AMT PAGE AP0460 VEEOT -------------------.--------------------------------------------------------- ----------.--- --------------------------- ----------------------------------------- DIFFERENCE -4 BANK AC'CCLT}\JT I~P Alp AC("(E;:H~; Pajdbl p 87092 1/11/2007 JIM ALLEN 87093 1/3 I / 2 U 0 I PETTY CASH 87094 1/31/2007 SHAR] HARDING 8709S 1/31/2007 SCOTT STINSON 87096 1/3] /2007 JEFFERSON PILOT FIN.Z\NCIAL 87097 1/31/2007 VALLEY MAILING SERVICE IN 87098 1/05/2007 ALLIED WASTE SERVICES 87099 1/05/2007 APPLE BOOKS 87100 1/05/2007 ARAMARK UNIFORM SERVICE I 87101 I/OS/2007 ASPHALT INSTITUTE 87102 1/05/2007 AT & T 87103 1/05/2007 AW DIRECT INC 87104 1/05/2007 BOLl TECHNICAL 87105 1/05/2007 BROOKS PRODUCTS 87106 1/05/2007 CANBY TELECOM 87107 1/05/2007 CARLETON HART ARCHITECTUR 87108 1/05/2007 CASCADE POOLS 87109 1/05/2007 DEPT OF CONSUMER AND BUSI 87110 1/05/2007 ERNIE GRAHAM OIL INC 87111 1/05/2007 FARMWORKERS HOUSING DEVEL 87112 1/05/2007 GRAY BAR 87113 1/05/2007 HARRINGTON INDUSTRIAL PLA 87114 1/05/2007 HR ANSWERS INC 87115 1/05/2007 ISOLUTIONS CONSULTING INC 87116 1/05/2007 KENNEDY JENKS CONSULT INC 87117 1/05/2007 LAWRENCE COMPANY 87118 1/05/2007 LEGISLATIVE COUNSEL COMM 87119 1/05/2007 LIBRARY ASSOCIATES 87120 1/05/2007 MADERA CINEVIDEO INC 87121 1/05/2007 MID WILLAMETTE VALLEY COG 87122 1/05/2007 MUFFLERS, HITCHES & MORE 87123 1/05/2007 NORTHWEST NATURAL GAS 87124 1/05/2007 OR CITY/COUNTY MGMT ASSOC 87125 1/05/2007 OR DEPT OF MOTOR VEHICLE 87126 1/05/2007 OREGON COMMUNITY TREES 87127 1/05/2007 OREGONIAN PUBLISHING CO 87128 1/05/2007 PETROCARD 87129 1/05/2007 PORTLAND CEMENT ASSOCIATI 87130 1/05/2007 PORTLAND GENERAL ELECTRIC 87131 1/05/2007 PUBLIC WORKS SUPPLY INC 87132 1/05/2007 QWEST 87133 1/05/2007 QWEST 87134 1/05/2007 R'Z PAVING & CONSTRUCTION 87135 1/05/2007 SIERRA SPRINGS 87136 1/05/2007 SPARK INSTITUTE 87137 1/05/2007 SPRINT 87138 1/05/2007 VERIZON WIRELESS 87139 1/05/2007 WILLAMETTE BROADBAND 87140 1/05/2007 WOODBURN INDEPENDENT 87141 1/05/2007 WOODBURN INDEPENDENT 87142 1/31/2007 GENE HAGEN 87143 1/31/2007 NITA J MARR t.:) ~ -1 ~ RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES 315.00 173 30 559.27 350.00 58.91 834.30 747.99 479.61 51.20 68.00 120.46 195.48 42.50 654.22 19.95 3,366.26 57.96 1,521.09 1,125.18 1,228.50 406.00 391.85 4,191.20 120.00 6,270.00 200.00 70.00 280.80 92.13 6,570.00 505.03 20,620.51 234.33 5.00 595.00 489.04 1,008.47 58.00 34,429.01 24.50 164.61 790.00 3,763.75 43.99 1,699.00 100.64 45.66 317.23 126.58 42.00 600.00 1,000.00 31~.00 173 30 559.27 350.00 58.91 834.30 747.99 479.61 51.20 68.00 120,46 195.48 42.50 654.22 19.95 3,366,26 57.96 1,521.09 1,125,18 1,228,50 406.00 391.85 4,191.20 120,00 6,270,00 200,00 70.00 280.80 92.13 6,570.00 505.03 20,620.51 234.33 5.00 595.00 489.04 1,008.47 58.00 34,429.01 24.50 164.61 790.00 3,763.75 43.99 1,699.00 100.64 45.66 317.23 126.58 42.00 600.00 1,000.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 ,00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 00 o WOODhU;':N ;,1 \r'E DATE 2/])/07 TIME ',; ,11 ;_~Hr:C:~ H C:iLCK DATE PAYEl:: NAME ..... 871 'J ~ 87HG 87 -j ,J"j' 87 l-18 87149 871~1 871",3 8)1 'A 811 c,5 871S6 8 '11 S 7 8"1158 87160 87161 87162 87163 t(l1 64 87165 a '11 66 87167 87168 87169 87170 87171 87172 871'73 87174 8717'0 87176 87177 87179 87180 87181 87182 87183 87184 87185 87186 87187 87188 87189 87190 87192 87194 87195 87196 87197 87198 87199 87200 87201 87202 t-J ClO 4 , , ..... C 1 i Y 0 F woe D BUR N - - - - ~ - - -.- - -- - -- -- - -- - -- - - - -- ~ - - - - - -- - - . -- -- ------------~--------------------------- STATU::; -===-=~-~~=- ~======~===~========-========-========-==~~=======~=========- 1/11/200"; VALLEY MAIL.ING SERVIrE IN 1/11/2007 RICHARD MCCORD 1/ lI/2007 WILLIAM A TORRES 1/12/2007 A & L LABORATORIES INC 1/12/2007 ALLIED WASTE SERVICES 1/12/2007 AMER BACK FLOW PREVENT ASS 1/12/2007 ARAMARK UNIFORM SERVICE I 1/12/2007 AT & T 1/12/2007 RLUMENTHAL UNIFORM & EQUI 1/12/2007 BOONES FERRY ELECTRIC rNe 1/12/2007 BRICE INVESTMENT REALTY 1/12/2007 CHOWN HARDWARE 1/12/2007 CH2M-HILL CORVALLIS 1/12/2007 CODE 4 PUBLIC SAFETY J/12/2007 COLUMBIA INSPECTION INC 1/12/2007 COMPLETE WIRELESS SOLUTNS 1/12/2007 CONSOLIDATED SUPPLY CO 1/12/2007 CONSUMERS CHOICE POS INC 1/12/2007 COVANTA MARION INC 1/12/2007 CRISIS CHAPLAINCY SERVICE 1/12/2007 CUSTOM LOW VOLTAGE 1/12/2007 DANNER SHOE MFG CO 1/12/2007 DE HAAS & ASSOCIATES INC 1/12/2007 DEPT OF ENVIRONMENTAL QUA 1/]2/2007 DP NORTHWEST INC 1/12/2007 EL HISPANIC NEWS 1/12/2007 ENTRANCE CONTROLS INC 1/12/2007 FEDERAL EXPRESS CORP 1/12/2007 FRY'S ELECTRONICS 1/12/2007 G R DRACHENBERG 1/12/2007 GENERAL ELECTRIC CAPITAL 1/12/2007 HOPE MILLER 1/12/2007 IKON OFFICE SOLUTIONS 1/12/2007 INGRAM DIST GROUP 1/12/2007 INTL ASSOC FOR PROPERTY & 1/12/2007 ISOLUTIONS CONSULTING INC 1/12/2007 J. THAYER COMPANY 1/12/2007 JACK RAWLINGS 1/12/2007 JAVIER VEGA 1/12/2007 LABOR RELATIONS INFO SYST 1/12/2007 LEGACY WIRELESS SERVICES 1/12/2007 LESLIE HAMPTON 1/12/2007 LINCOLN EQUIPMENT CO 1/12/2007 MARION COUNTY CLERK 1/12/2007 MEDS-PDN 1/12/2007 MOLALLA COMMUNICATIONS 1/12/2007 MORSE BROS INC 1/12/2007 MPULSE 1/12/2007 MUFFLERS, HITCHES & MORE 1/12/2007 NATIONAL ASSOC OF TOWN WA 1/12/2007 NET ASSETS CORPORATION 1/12/2007 NEWSOUND 1/12/2007 NOR COM RECONC] [,ED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED CHECK REG I SO_'ER STATUS DhTE UPDATED CHECK AMOUNT 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/0 -/ / 2 0 0 7 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES 794.20 1,000.00 650.00 672.00 1,344.60 180_00 33 .10 23.54 87.95 350.00 19.52 361.08 3,550.00 495.00 781-50 70.00 8,048.15 58.00 100.50 375.00 63.00 103.95 43,885.02 359.00 440.00 97.90 2,512.08 201-18 133 .91 37.26 215.89 43.58 567.34 2,448.43 50.00 120.00 2,009.99 300.74 77.94 495.00 19,001-48 1-62 1,039.21 332.00 615.00 149.70 16,276.33 250.00 42.39 25.00 747.00 319.60 25,074.67 RECONCILED AM'i' 794 2') 1,000.00 650.00 672.00 1,344.60 180.00 33.10 23.54 87.95 350.00 19.52 361.08 3,550.00 495.00 781.50 70.00 8,048.15 58.00 100.50 375.00 63.00 103.95 43,885.02 359.00 440.00 97.90 2,512,08 201.18 133.91 37.26 215.89 43.58 567.34 2,448.43 50.00 120.00 2,009.99 300.74 77.94 495.00 19,001.48 1-62 1,039.21 332.00 615.00 149.70 16,276.33 250.00 42.39 25.00 747.00 319.60 25,074.67 PAGE AP0460 VEEOT DIFFERENCE .00 .00 00 .00 .00 .00 .00 .00 00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 \";OC;;JbUFdJ Ll VI- DATE 2/12/0'1 TIME ~Cl -~ --lei CHECK A CilECK DA'r~; PAYE~ NAME ... H 7':! (I ~ 872l.l-l 87205 8/2C6 87207 87208 87209 87210 87211 87212 87213 87214 87215 87216 87217 87218 87219 87220 87221 87227 87223 87224 87225 87226 87227 87228 87229 87230 87231 87232 87233 87234 87235 87236 87237 87238 87239 87240 87241 87242 87243 87244 87245 87246 87247 87248 87249 87251 87252 87253 87254 87255 87256 N \0 -1 -.; C I r Y STATUS o F W CHECK REGISTER o D R URN STATUS DATE UPDATED CHECK AMOUNT RECONCILED AMT PAGE APOHO VEEOT DIFFERENCE _~~~~~====~=~~==~o===___======~=========~~==========~-~===~=========~=============================~======-=========== ~ ,/ _ 2 ;: U U 1/12/2007 il17/20D') 1/12/2007 1/12/2007 1/1~'/2007 ]/12/2007 1/]2/2007 1/12/2007 1/12/2007 1/12/200'1 i!12/2007 1/12/2007 1/12/2007 1/12/2007 1/12/2007 1/12/2007 1/12/2007 1/12/2007 1/12/2007 1/12/2007 1/12/2007 1/12/2007 1/12/2007 1/12/2007 1/12/2007 1/31/2007 1/31/200.' 1/19/2007 1/19/2007 1/19/2007 1/19/2007 1/19/2007 1/19/2007 1/19/2007 1/19/2007 1/19/2007 1/19/2007 1/19/2007 1/19/2007 1/19/2007 1/19/2007 1/19/2007 1/19/2007 1/19/2007 1/19/2007 1/19/2007 1/19/2007 1/19/2007 1/19/2007 1/19/2007 1/19/2007 1/19/2007 NORTHWEST NATURAL GAS NW LEADERSHIP SEMINAR OR DEPT OF ADMINISTRATIVE OR DEPT OF MOTOR VEHICLE OREGON STATE POLICE PENWORTHY CO PETROCARD PORTLAND GENERA]~ ELECTRIC PORTLAND GENERAL ELECTRIC PREMIER HOME BUILDERS QWEST RADIO SHACK RECORDED BOOKS INC SIERRA SPRINGS SPRINGHAVEN APTS SUPERIOR LAMP INC TESTAMERICA ANALYTICAL TE TONY CHERNISHOFF TRIARCO ARTS AND CRAFTS VALLEY PACIFIC FLORAL VWR INTERNATIONAL INC WATERSHED INC WILSONVILLE LOCK & SECURI WOODBURN PET HOSPITAL XEROX CORPORATION YES GRAPHICS DUANE BARRICK LOVE'S BAKERY ALEXIN ANALYTICAL LAB INC AMER PUBLIC WORKS ASSN ARAMARK UNIFORM SERVICE I ARCH WIRELESS ASPHALT PAVEMENT ASSN OF AWARDS AND ATHLETICS BOLDT, CARLISLE & SMITH L CDW GOVERNMENT INC COLLEGIATE PACIFIC CTL CORPORATION CUES DAVISON AUTO PARTS DEPT OF CONSUMER AND BUSI DEPT OF ENVIRONMENTAL QUA EAGLE WEB PRESS INC ERICA ALONSO G.W. HARDWARE CENTER GRAINGER INC INDUSTRIAL MACH FAB INC J. THAYER COMPANY JEAN LUCAS LEGACY WIRELESS SERVICES LOCAL GOVT EMPLOYERS TRUS LORENA REKDAHL MAYES TESTING ENGINEERS I RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED 2/07/2orn 2/07/2007 2/07/2007 2/07/2007 2/0"1/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2J07 2/07/2007 2/07/2007 2/07/2'J07 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES 24 83 275.00 858.31 13 .00 40.00 938.12 6,331.93 40,732.11 40,676.96 29.87 2,032.78 29.99 282.10 74.48 19.53 1,253.88 90.00 55.32 337.02 56.90 147.09 1,039.92 31.50 56.10 565.84 2,787.05 500.00 60.00 378.00 150.00 65.54 156.21 440.00 637.63 1,250.00 351. 45 175.38 1,479.00 1,405.95 42.05 16.22 147,792.37 1,183.61 575.00 193.02 146.47 20.00 116.84 100.00 1,585.00 2,489.55 24.75 418.50 24 83 275.00 858 31 13.00 40.00 938.12 6,331.93 40,732.11 40,676.96 29.87 2,032.78 29.99 282 .10 74.48 19.53 1,253.88 90.00 55.32 337.02 56.90 147.09 1,039.92 31.50 56.10 565.84 2,787.05 500.00 60.00 378.00 150.00 65.54 156.21 440.00 637.63 1,250.00 351.45 175.38 1,479.00 1,405.95 42.05 16.22 147,792.37 1,183.61 575.00 193.02 146.47 20.00 116.84 100.00 1,585.00 2,489.55 24.75 418.50 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 WOODI)Uj-d'~ 1, I \ft, DA TE ;> / j, /07 T I ME 10, C,3 , ~ CHECK" ,'HE," K DATE PAYEE NAME . 87:?~B 87259 87260 87262 8726~ 8726l) 87266 87267 87268 87269 87270 87271 87272 87273 87275 87276 87277 87278 87279 87282 87283 87284 87285 87286 87288 87291 87292 87293 87295 87296 87297 87298 87299 87300 87303 87304 87305 87306 87307 87309 87310 87313 87314 87315 87317 87319 87321 87322 87323 87325 87326 87327 87328 ~ o 1/10/2007 NExtJS IS INC 1/19/2007 OFFICE DEPOT 1/19/2007 ONE CALL CONCEPTS INC 1/19/2007 OR DEPART OF REVENUE 1/19/2007 PADGETT THOMPSON 1/19/2007 PETROCARD 1/19/2007 PORTLAND GENERAL ELECTRIC 1/19/2007 R.B.& G CONSTRUCTION, LL ;/19/2007 RESOURCE PLANNING ASSOCIA 1/19/2007 S.O.S. LOCK SERVICE 1/19/2007 SECURITY SIGNS INC 1/19/2007 [mITED STATES POSTAL SERV 1/19/2007 VERIZON WIRELESS 1/19/2007 WALL STREET JOURNAL 1/31/2007 VALLEY MAILING SERVICE IN 1/31/2007 VEE OTf 1/31/2007 VALLEY MAILING SERVICE IN 1/31/2007 ROSEMAR I E SANCHEZ 1/26/2007 A & A PEST CONTROL INC 1/26/2007 ALPHA PROVEN ECOLOGICAL 1/26/2007 AMERICAN FIRE PROTECTION 1/26/2007 ANNA STAVINOHA 1/26/2007 ARAMARK UNIFORM SERVICE 1/26/2007 ARAMARK UNIFORM SERVICE 1/26/2007 AT & T 1/26/2007 BATTERIES NORTHWEST 1/26/2007 BI-MART CORPORATION 1/26/2007 BRIAN MILES 1/26/2007 C.J. HANSEN CO INC 1/26/2007 CANBY FORD INC 1/26/2007 CAPITAL PAINT & DECORATIN 1/26/2007 CARLETON HART ARCHITECTUR 1/26/2007 CARQUEST AUTO PARTS 1/26/2007 CASCADE POOLS 1/26/2007 CHARLOTTE CHAMBERLAIN 1/26/2007 CH2M HILL INC 1/26/2007 COASTAL FARM HOME SUPPLY 1/26/2007 COASTWIDE LABORATORIES 1/26/2007 COMPLETE WIRELESS SOLUTNS 1/26/2007 DAVID GONZALEZ 1/26/2007 DAVISON AUTO PARTS 1/26/2007 DEPT OF ENVIRONMENTAL QUA 1/26/2007 DORIS FOSTER 1/26/2007 DREYER'S GRAND ICE CREAM 1/26/2007 ENGELMAN ELECTRIC INC 1/26/2007 ERNIE GRAHAM OIL INC 1/26/2007 FASTENAL COMPANY 1/26/2007 FERGUSON ENTERPRISES INC 1/26/2007 FOOD SERVICES OF AMERICA 1/26/2007 FRANK M MASON 1/26/2007 FRONTIER GEOSCIENCES INC 1/26/2007 G.K. MACHINE INC 1/26/2007 G.W. HARDWARE CENTER C I 'I' Y 0 F WOO D R URN STATUS CHECK REGISTER STATUS DATE UPDATED CHECK AMOUNT RECONCILED AMT PAGE AP0460 VEEOT 4 -~~~~;==~ ------==--====~==========~=~==========--==-===~==============---~=========== DIFFERENCE RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCll,ED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED 2/07/21)07 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES 5,050 94 99.38 49.30 765.56 249.00 759.95 115.30 26,984.94 165.00 7. "/0 129.00 160.00 80.40 249.00 651.15 350.00 445.05 1,000.00 96.00 84.00 92.90 90.00 1,081.27 83.97 118.79 202.20 758.8 'j 59.64 252 .40 228.06 37.96 1,926.42 6.02 325.65 39.75 15,500.00 361.76 677.78 15.00 2,475.00 1,061.12 200.00 65.00 165.12 70.00 127.96 105.75 659.56 206.04 130.00 2,589.00 113.49 1,219.18 5,050.94 99.38 49.35 765.56 249.00 759.95 110.30 26,984.94 165.00 7.70 129.00 160.00 80.45 249.00 651.15 350.00 445.05 1,000.00 96.00 84.00 92.90 90.00 1,081.27 83.97 118.79 202.20 758.83 59.64 252.40 228.06 37.96 1,926.42 6.02 325.65 39.75 15,500.00 361.76 677.78 15.00 2,475.00 1,061.12 200.00 65.00 165.12 70.00 127.96 105.75 659.56 206.04 130.00 2,589.00 113.49 1,219.18 .00 .00 .00 .00 .00 .00 00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 W-.j(JDFiUkN ] V:t: DATE :./1 /0"1 Tl f-1E 1 (1 40 ('HF' 'I<;; l"HEel\. [JATJ:. PAYt_:t: NAME -4 87'30 81331 873J4 B 733 .-/ 8'73 -1 ti 8131~ 8 73 .l) 873<13 8734") 87146 87H7 87Ho 873S0 87351 8'7352 873S3 8" 3 t:'j~) 873S9 8"1360 87361 87362 87363 87365 87366 87368 8137] 87374 87176 67377 87378 8"1380 87382 87383 87384 87385 87386 87387 87388 87390 87391 87393 87395 87398 87400 87401 87403 87404 87405 87409 BANK AP (,.) I"'" 1 ---f "./2(,/)(JO"l j I2G/2007 1/26/2007 ;/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/200"1 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 1/26/2007 TOTAL, C I T Y 0 F WOO U BUR N STATUS (",HECK REGISTER STATUS DATE UPDATED CHECK AMOUNT RECONCl LE:[I AMT PAGE AP0460 VEEOT --- - - ----- - -------- ------------------------ - --._----- ---------------- -------- ---------------------------- - ------------------------------------------------ --------------------- DI FFERENrF: GEORGE V I STI rA GRAINGER IN("' HALTON COMPANY HUBBARD CHEVROLET INDUSTRIAL MACH FAB INC INDUSTRIAL SUPPLY CO INDUSTRIAL WELDING SUPPLY u. THAYER COMPANY J. WARD O'BRIEN JOHN BI<OWN JOHN MIKKOLA KEY EQUIPMENT FINANCE L&L BUILDING SUPPLIES LANGUAGE LINE SERVICES LENON IMPLEMENT CO LES SCHWAB TIRE CENTER LONG BROS BUILDING SUPPLY MARGARET LAMBERT MAY'S FURNITURE MESHER SUPPLY MSI GROUP INC N ROBERT SHIELDS NATIONAL REC & PARK ASSO NORTH COAST ELECTRIC CO NORTH STAR CHEMICAL INC NORTHWEST LOW VOLTAGE SYS OWEN EQUIPMENT COMPANY PETRO CARD PUBLIC WORKS SUPPLY INC QWEST RADIO SHACK RICARDO PUENTE ROSEMARIE SANCHEZ S.O.S. LOCK SERVICE SAFEWAY STORES SERVICE LINE INC SILVA TECHNOLOGIES SILVERFLEET SYSTEMS SLATER COMMUNICATIONS STATE OF OREGON CORP DIV STEVE WESTACOTT TEK SYSTEMS INC TRACY SALMO W & H PACIFIC CORP WESTERN TOOL SUPPLY WILLAMETTE CHAP RED CROSS WITHERS LUMBER WOODBURN FERTILIZER WOODBURN INDEPENDENT YES GRAPHICS 261 CHECKS RECONCILED RECONCII,EIl RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCl LED RECONCILED RECONCl LED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED 2/07/2007 2/07/2007 2/0'1/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2.007 2/07/2.007 2/07/2')07 2/07/2007 2/07/2007 2/07/2007 7./07/2007 2/07/2007 2/07/2007 2/07/2007 2/0'1/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 2/07/2007 YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES 23 80 100.04 303.51 468.19 487.50 1,477.20 73.76 343.53 205 92 39.50 62.82 238.00 453.50 139.65 15.81 1,791.65 16.08 232.92 1,623.00 431.78 400.00 250.30 367.00 1,896.16 429.64 34.00 1,486.86 3,197.74 1,395.62 267.80 44.44 397.30 26.25 424.50 176.16 182.18 1,814.72 3,841.87 2,905.33 50.00 46.47 1,725.00 16.00 10,608.37 1,900.00 209.75 205.43 61.25 42.00 399.00 606,652.77 23 80 100 04 303 . 51 468.19 487 50 1,477 20 73 76 343.53 205 . 92 39.50 62.82 238.00 453.50 139.65 15.81 1,791.65 16.08 232.92 1,623.00 431.78 400.00 250.30 367.00 1,896.16 429.6_ 34.00 1,486.86 3,197.74 1,395.62 267.80 44.44 397.30 26.25 424.50 176.16 182.18 1,814.72 3,841.87 2,905.33 50.00 46.47 1,725.00 16.00 10,608.37 1,900.00 209.75 205.43 61.25 42.00 399.00 606,652.77 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 CHECK REGISTER PAGE AP0460 VEEOT WOODBURN LIVi DATE 2!i2/0"l TIME )(1 c J ,4 (1 C I T Y 0 FWD 0 D H URN CHECK ft CHi.~l:K DATt-~ f-J.l'l.'{EE NAME STATUS STATUS [J,\TE UPDATED CHECK AMOUNT RECONCILED AMT DIFFERENCE - -. - - - -- -- -- - -- - - -- -- -- - - -.- - - - - - - - - - -- -- - -- - - .-. ... ".- -- -- -- - -- -- -- - - - - - - - - -- - - - - - - - - - -- - - - - -- -- - - - - - - - - - - - - - - - - - - - - - - --.- - - -- - -- - - -- -- -- -- -.. -- - - ---- --------------------------------------------------- ---- -------------------------------------------------------- RECONCILED NOT RECONCILED VOIDED 2(.1 CHECKS 606,652 77 CHECKS .00 CHECKS 00 261 CHECKS 606,652 .77 CHECKS .00 UPDATED NOT UPDATED . W N ~ WQODBURN /H(lJrpcra,td 1~89 8E ~~ . . February 26, 2007 TO: Honorable Mayor and City Council through City Administrator FROM: Scott Russell, Chief of Police SUBJECT: Police Department Statistics - January 2007 RECOMMENDATION: Receive the report. BACKGROUND: The attached report lists year to date reported offenses and arrests displayed by month. DISCUSSION: The statistics have been gathered from the Police Department's Records Management System. The previous year's statistics are also displayed for comparison purposes. FINANCIAL IMPACT: None. Agenda Item Review: City Administrat City Attorney Finance 33 '" '''i''"' T. Police Dept 2/21/2007 9:00:27 OR0240500 WPD USED, OFFENSE DATE Woodburn DATE, TIME, ORI#, DATE CHARGE DE"CRI VI ION ... ANIMAL ORDINANCES ASSAULT SIMPLE BURGLARY BUSINESS BURGLARY OTHER STRUCTURE BURGLARY RESIDENCE CHILD NEGLECT CITY ORDINANC'E CRIME DAMAGE NO VANDALISM OR ARSON CUSTODY DETOX CUSTODY MENTAL DISORDERLY CONDUCT DRIVING UNDER INFLUENCE DRUG LAW VIOLATIONS DWS/REVOKED MISDEMEANOR FAIL TO DISPLAY OPERATORS LICENSE FORGERY/COUNTERFEITING FRAUD OF SERVICES/FALSE PRETENSES FUGITIVE ARREST FOR ANOTHER AGENCY FURNISHING GARBAGE LITTERING HIT AND RUN MISDEMEANOR INTIMIDATION /OTHER CRIMINAL THREAT MINOR IN POSSESSION MISCELLANEOUS MOTOR VEHICLE THEFT OTHER PROPERTY RECKLESS ROBBERY ROBBERY RUNAWAY SUICIDE THEFT BICYCLE THEFT BUILDING THEFT FROM MOTOR VEHICLE THEFT MOTOR VEHICLE PARTS/ACCESSORIES THEFT OTHER THEFT SHOPLIFT TRAFFIC VIOLATIONS TRESPASS VANDALISM VEHICLE RECOVERD FOR OTHER AGENCY WEAPON CARRY CONCEALED WEAPON POSSESS ILLEGAL CA) ~ FOUND LOST DRIVING BUSINESS OTHER MISLAID -1 -t TOTAL, 2007 TOTAL, 2006 TOTAL: 2005 TOTAL: MONTHLY CRIMINAL OFFEKSES FOR JANUARY 2007 RESULTS FOR ALL OFFENSES ,TAN 2 12 3 2 7 1 3 34 2 1 2 12 23 5 4 5 1 23 1 2 8 1 2 32 7 16 18 1 1 3 4 1 3 1 20 8 9 5 11 6 30 3 2 2 339 -------- --------------- -------------------------- 339 443 428 o o o o o o o o o o o o o o o o o o o o o o o o o o o PAGE PL6860 SCOTTRU TOTAL 2 12 3 2 7 1 3 34 2 I 2 12 23 5 4 5 1 23 1 2 8 1 2 32 7 16 18 1 1 3 4 1 3 1 20 8 9 5 11 6 30 3 2 2 339 o o o 339 443 428 Police Dept. 2/2]/2007 9,00,08 OR0240500 WPD 'fl00Qburn iJATE, TIME, OR!# CHARGE DESCRIPTION . AGGHAVATED ASSAULT AGGRAVATED MURDER ANIMAL ORDINANCES ARSON ASSAULT SIMPLE ATTEMPTED MURDER BOMB THREAT BRIBERY BURGLARY BUSINESS BURGLARY OTHER STRUCTURE BURGLARY RESIDENCE CHILD ADBANDOMENT CHILD NEGLECT CITY ORDINANCE CRIME DAMAGE NO VANDALISM OR ARSON CURFEW CUSTODIAL INTERFERENCE CUSTODY DETOX CUSTODY MENTAL CUSTODY PROTECITVE DISORDERLY CONDUCT DOCUMENTATION DRINKING IN PUBLIC DRIVING UNDER INFLUENCE DRUG LAW VIOLATIONS DRUG PARAPHERNALIA DWS/REVOKED FELONY DWS/REVOKEDMISDEMEANOR ELUDE EMBEZZLEMENT ESCAPE FROM YOUR CUSTODY EXTORTION/BLACKMAIL FAIL TO DISPLAY OPERATORS LICENSE FAMILY~OTHER FORCIBLE RAPE FORGERY/COUNTERFEITING FRAUD ACCOUNT CLOSED CHECK FRAUD BY DECEPTION/FALSE PRETENSES FRAUD CREDIT CARD/AUTOMATIC TELLER MACHINE FRAUD IMPERSONATION FRAUD NOT SUFFICIENT FUNDS CHECK FRAUD OF SERVICES/FALSE PRETENSES FRAUD WIRE FRAUD-OTHER FUGITIVE ARREST FOR ANOTHER AGENCY FURNISHING GAMBLING GAMES GAMBLING - OTHER GARBAGE LITTERING HIT AND RUN FELONY HIT AND RUN-MISDEMEANOR ILLEGAL ALIEN INS HOLD ~ en MONTHLY ARRESTS BY OFFENSE FOR JANUARY 2007 RESULTS FOR ALL CHARGES PAGE PL6850 SCOTTRU JAN o o o o 12 o o o o o 1 o 2 o 4 o o 2 1 o 3 o o 12 25 o o 5 o o o o 5 o 1 2 o o o o o o o o 23 1 o o 3 o 1 o TOTAL o o o o 12 o o o o o 1 o 2 o 4 o o 2 1 o 3 o o 12 25 o o 5 o o o o 5 o 1 2 o o o o o o o o 23 1 o o 3 o 1 o WCOl.lbUlIl pollee Dept 2/21/2007 9,00,08 OR0240.,OO WPD DATE, TIME ORI# CHARGE DESCRIPTION . INTIMIDATION /OTHER CRIMINAL THREAT KIDNAP FOR ADDITIONAL CRIMINAL PURPOSE KIDNAP FOR RANSOM KIDNAP HI-JACK,TERRORIST KIDNAP HOSTAGE/SHIELD OR REMOVAL/DELAY WITNESS LICENSING ORDINANCES LIQUOR LAW OTHER LIQUOR LICENSE VIOLATIONS MINOR IN POSSESSION MINOR ON PREMISES MISCELLANEOUS MOTOR VEHICLE THEFT NEGLIGENT HOMICIDE TRAFFIC NEGLIGENT MANSLAUGHTER NON CRIMINAL DOMESTIC DISTURBANCE OTHER PROPERTY FOUND LOST MISLAID PROPERTY RECOVER FOR OTHER AGENCY PROSTITUTION COMPEL PROSTITUTION ENGAGE IN PROSTITUTION PROMOTE PUBLIC HEALTH AND SAFETY ORDINANCES RECKLESS DRIVING ROBBERY BANK ROBBERY BUSINESS ROBBERY CAR JACKING ROBBERY CONV.STORE ROBBERY HIGHWAY ROBBERY OTHER ROBBERY RESIDENCE ROBBERY SERVICE STATION RUNAWAY SEX CRIME SEX CRIME SEX CRIME SEX CRIME SEX CRIME SEX CRIME SEX CRIME SEX CRIME SEX CRIME SEX CRIME SEX CRIME STALKER STOLEN PROPERTY SUICIDE THEFT THEFT THEFT THEFT THEFT THEFT ~ 0'1 1 CONTRIBUTE TO SEX DELINQUENCY EXPOSER FORCIBLE SODOMY INCEST MOLEST (PHYSICAL) NON FORCE SODOMY NON FORCE RAPE OBSCENE PHONE CALL OTHER PORNOGRAPHY/OBSCENE MATERIAL SEXUAL ASSAULT WITH AN OBJECT RECEIVING,BUYING,POSSESSING ... BICYCLE BUILDING COIN OP MACHINE FROM MOTOR VEHICLE MOTOR VEHICLE PARTS/ACCESSORIES OTHER MONTHLY ARRESTS BY OFFENSE FOR JANUARY 2007 RESULTS FOR ALL CHARGES PAGE PL6850 SCOTTRU JAN 2 o o o o o o o 2 o o o o o o 12 o o o o o o 2 o o o o o o o 1 1 o o o o I o o o o o o o 1 o 1 o o 1 o 1 TOTAL 2 o o o o o o o 2 o o o o o o 12 o o o o o o 2 o o o o o o o 1 1 o o o o 1 o o o o o o o 1 o 1 o o 1 o 1 ~oodburn Pollce Dept. ,. DATE: ~/21/2007 TIM!-> 9,00,08 ORI#: OR0240500 WPD CHARGE DESCRIPTION . THErT PICKPOCKET THEFT PURSE SNATCH THEFT SHOPLIFT TRAFFIC ORDINANCES TRAFFIC VIOLATIONS TRESPASS VANDALISM VEHICLE RECOVERD FOR OTHER AGENCY WARRANT ARREST FOR OUR AGENCY WEAPON CARRY CONCEALED WEAPON EX FELON IN POSSESSION WEAPON OTHER WEAPON POSSESS ILLEGAL WEAPON SHOOTING IN PROHIBITED AREA WILLFUL MURDER ZONING ORDINANCE ~ -..I 2007 TOTAL, 2006 TOTAL, 2005 TOTAL, MONTHLY ARRESTS BY OFFENSE FOR JANUARY 2007 RESULTS FOR ALL CHARGES JAN o o 3 o 33 13 o o o 2 o o 2 o o o 181 213 129 o o o o o o o o o o o o ----- .. 0 0 0 0 0 0 0 0 0 PAGE PL6850 SCOTTRU TOTAL o o 3 o 33 13 o o o 2 o o 2 o o o o o o 181 213 129 COMMUNITY SERVICES DEPARTMENT STATISTICS SF January 2007 Recreation Services Division Jan. 2007 Jan,2006 2007 YTO 2006 YTO Revenue: $14,464 $5,761 $65,428 $50,699 Expenditures: $24,592 $44,224 $232,192 $258,048 Proaram Attendance: Youth Services: 2,471 * Youth Programs: 933 4,577* Adult Services: 288 864 Special Events: 0 0 Other/Mise: 0 0 TOTAL: 3,692 864 19,368 16,413** Aquatics Division Revenue: Expenditures: Attendance: Jan,2007 $15,672 $52,570 4,387 JAN. 2006 $19,304 $38,938 5,064 Library Division Jan, 2007 Jan. 2006 Revenue: $19,133 $1,808 Librarv Attendance: 18,489 16,333 Librarv Circulation: 11,267 11,244 Adult Proaram Count: 0 0 Adult Attendance: 0 0 Youth Service Program Count: 36 30 Youth Service Attendance: 498 544 Database Usaae: 509 885 Adult Computer Usaae: 4,643 2,723 Youth Services Computer Usaae: 894 1,012 New Adds: 635 780 Volunteer Hours Worked: 113 266 2007 YTO $119,974 $309,300 30,816 2006 YTO $111,988 $298,961 31,088 2007 YTO 2006 YTO Year to date figures are not yet available for the Library * 4,577 is the total of Youth Services and Youth Programs combined ** Program attendance data is not available from July 2005 - September 2005 Janua& 2007 l' ... T- T. (~-: ,\ ~~~-*. ~ WOODBURN '~(Jrl'oraftd 18801 . 8G ~91env . February 26, 2007 TO: Honorable Mayor and City Council through City Administrator VIA: G. S. Tiwari. Public Works Director ~ FROM: Randy Scott, Senior Engineer Techniciartt6. SUBJECT: Country Club Road Tree Removal RECOMMENDATION: Receive the report. BACKGROUND: The Country Club Road Street Improvement and Undergrounding Project now under construction includes installation of curbside pedestrian sidewalks over the entire length of the project. The sidewalks on Country Club Road will be extended to Astor Way and handicap ramps installed at the intersection. This was discussed during the presentation of the engineering report and also during the public hearing process. In order to accomplish the installation of the sidewalk three street trees will need to be removed, and this memo is being written to provide council information prior to tree removal. Two of the subject trees, birch in species adjacent to 1400 Astor Way are located on the north side of Country Club Road near Astor Way, both trees will need to be removed in order to construct the sidewalk. One birch tree approximately 16 inches in diameter is located at the intersection of Country Club Road and Astor Way, it is in the proposed handicap ramp. The other birch tree is also approximately 16 inches in diameter and is located at near the outside edge of the proposed sidewalk. It is not practical to route the sidewalk around the tree within an easement due to utility conflicts. Both trees appear to be in a healthy condition and are located in the public rights of way. A picture of each is included in this report as Attachment "A" and Attachment "B". The other subject tree is also a birch in species adjacent to 1390 Astor Way is located on the south side of Country Club, The tree is approximately 12 inches in diameter is located 4 feet from the existing curb. The tree is in the public rights of Agenda Item Review: City Administrator------ City A Horney Finane 39 .1; ",,- ,...,..-. N< .,.. I Mayor and City Council February 26, 2007 Page 2 . . way and appears to be in healthy condition. The tree however has had most of the crown removed because of overhead utilities. A picture of the tree is included in this report as Attachment "C". DISCUSSION: Staff has made contact with the property owner at 1400 Astor Way and informed them that the two trees would need to be removed to install the sidewalk. The cost of the tree removal and installation of the sidewalk is part of the project and it does not create a financial burden for the adjoining property owner. Staff has not been able to reach the owner at 1390 Astor Way, it appears that the property owner is on winter vacation, Staff will try to notify the owner about the sidewalk and tree prior to its removal. If the property owner at 1390 Astor Way cooperates and provides easement, the sidewalk could be built around the tree, but the walkway will come closer to the house, grade may also be an issue. The property owner at 1400 Astor Way, on the north side is not happy with the sidewalk project but appears to have accepted it. Staff plans to replace the removed trees with 1 to 1 Y2 inch diameter trees, at locations acceptable to the adjoining property owners, soon after the completion of the construction activities. FINANCIAL IMPACT: There is no financial impact, the removal is a part of the awarded contract cost for Country Club Road. ATIACHMENTS: A; Picture showing tree located at 1400 Astor Way that would be located in the handicap ramp. B; Picture showing the tree located at 1400 Astor Way that would be located in the sidewalk, C; Picture showing the tree located at 1390 Astor Way that would be located in the sidewalk 40 " "". T"' T' Mayor and City Council February 26, 2007 Page 3 . . ATTACHMENT" A" 41 .' Mayor and City Council February 26, 2007 Page 4 . . ATTACHMENT "B" 42 .' """"""""'041 ","' I Mayor and City Council February 26, 2007 Page 5 . . ATIACHMENT "C" 43 'f' ." '1"" T' ~. W~N l"(~rporal,d 1889 1J/iJ~_1~ lOA r '(f"~""" ,~ . . February 26, 2007 TO: FROM: Mayor and City Council throu9{').i ittyy: Administrator Ben Gillespie, Finance Director t)JY\ Hearing to Consider a Supplemental Budget SUBJECT: RECOMMENDATION: Council direct staff to return an ordinance reflecting the Council's decision following the hearing. BACKGROUND: Each year in January staff performs a thorough review of financial operations and recommends changes to the budget based on current estimates of revenue and expenditures, DISCUSSION: The proposed revision to the 2006-07 budget adjusts Beginning Fund Balance to actual for all funds where the variance is greater than $10,000, For all other funds the difference is immaterial and no change is proposed. The City began 2006-07 with $354,811 more in Fund Balance than what was anticipated in the budget. The major increases were the General Fund ($260,534), the SDC funds ($632,474), the Street Fund ($103,101), the Water Fund ($104,676) and the T & E Fund ($144,204), Fund Balance in the Police Construction Fund is $1,246,782 less than budgeted, because more of the project was completed in 2005-06 leaving less to be finished in the current year. (1) General Fund Motel occupancy has taken a big jump this year. That is partially offset by an overpayment by one of the motels, An audit of the Best Western Motel has found that Best Western has overpaid $2,000 this year. The net effect on the Transient Occupancy Tax is an increase of $18,000, (2) Agenda Item Review: City Administrat City Attorney ----=- Financ 44 .. ." ....,... - T' Mayor and City Council February 26, 2007 Page 2 . . Business Registration Fees for store front businesses were increased from $35 per year to $50 per year, and a $25 fee for home occupations was added. The revised ordinance has generated increased revenue, but not as much as hoped for. Many of the businesses identified as potential new business registrations turned out to be duplicate names for the same business or concerns that are now out of business, Although Business Registration revenue is now forecast to be 150% greater than last year's actual ($12,000), it is expected to be $28,000 less than this year's budget ($60,000), (3) Qwest's revenue stabilized last year, and has actually increased some over the last 12 months. The estimate of Qwest Franchise Fees is increased by $22,000. (4) Based on the first quarter collections and a rate change to cover unsorted recyclables, United Disposal Franchise Fees are increased $8,000, (5) After several years of decline, Willamette Broadband's revenue increased for the second year in a row. Willamette Broadband's Franchise Fees are increased $5,000. (6) Planning Fees rebounded this year after a dismal 2005-06, Planning Fees are expected to exceed budget by at least $20,000. (7) Although Pool Memberships are forecast to exceed budget by $9,000, total Pool Revenue is expected to fall $23,000 short of the budget, The bulk of this is be- cause lessons are down by $28,000, The drop in lessons revenue is most likely attributa ble to mis-coded revenue in prior years, The previous pool manager was coding some Recreation revenue to the pool, resulting in overstated Pool revenue and understated Recreation revenue, That practice has ceased, Pool Concessions are decreased $1,000. Pool Admissions are decreased $3,000. Pool memberships are increased $9,000, and Pool Lessons are decreased $28,000. (8) Traffic fines continue to lag expectations. The current estimate of traffic fine revenue for 2006-07 is $500,000, which is $57,600 less than the budget. (9) Interest rates continue to climb, and the City is investing some money through banks at rates that exceed the State Pool. Current year-end estimates of Interest Income in the General Fund are $50,000 above the amount budgeted. The forecast is at the conservative end of the range of expected yields. (10) 45 ~....c . ........;., ." ..... , Mayor and City Council February 26, 2007 Page 3 . . Last year the City hired an MBA candidate as an intern to do the analytical work and editing of the preliminary budget, Because of the success last year, the program is continued this year. Salary and fringe costs associated with this position are $5,200, (11) City employees and assets are considerably less protected since the Police moved out, An existing camera system in the building was designed to monitor Police and Norcom offices. That system will be re-deployed to monitor the doors and windows where employees have frequent public contact (Finance, Court, Administration and Community Development). In addition, staff has sought proposals for silent alarms and card/key pads at the interior doors, The received proposals include buttons under the counters that will ring into Norcom, and pads at each door that will require either a magnetic card or an access number to gain entry. The cost to install the system will not exceed $2,500, and the monthly monitoring will cost $150 for the balance of the year. (12) Last year Oregon's Public Utility Commission (PUC) granted Northwest Natural a 9% rate increase. The rate increase coupled with the recent abnormally cold weather will drive the City's natural gas costs up. Offsetting those influences is the fact that the Pool, the City's largest user of natural gas, will be off line for an extra two weeks this year. The net result is a $25,000 increase. This will be funded by a transfer from the General Fund to the Building Maintenance Fund, (13) While replacing the main electrical panel at the pool, other deficiencies were discovered. Because of Building Code requirements, these situations had to be addressed before electrical service could be restored to the pool. Some of these repairs were addressed in the October 19, 2006 Supplemental Budget. However, the replacement of the electrical sub panel for the pumping system has not been funded. $9,000 should be transferred from the General Fund to the General CIP Fund, where it can be expended. (14) In 2005-06, the City received a grant under the State Homeland Security Program for an upgrade to the message switch and for WEB LEOS, $20,240 of the $72,000 grant was spent last year. $51,760 should be carried for-ward to complete those projects this year. (15) The City has entered into a $10,000 agreement with the Woodburn School District to provide Police officers for school events. (16) The City has secured several law enforcement grants that add $75,313 to the Police budget. The grants include the Meth Strike Force grant ($60,000), the 46 ,r' "" '''r'' ~ ,. Mayor and City Council February 26, 2007 Page 4 . . Safety Belt Enforcement grant ($10,000), and the Marion County M,AJ.T. grant ($3,040). (17) Citizens, businesses, and clubs have made donations to the Police totaling $1,645 that will provide for supplies for the Community Policing program, (18) The insurance recovery for a totaled Police car was $5,027. This will be applied to replacing the vehicle, (19) Several Police purchases are being funded by salary savings within the Police budget. Additional office supplies needed as a result of the move to the new facility total $3,000. $14,000 is needed to maintain the aging fleet. A body wire is an essential investigative tool. The existing piece of equipment no longer works. A replacement will cost $5,000. Open positions will allow $22,000 to be transferred from salaries and fringe. (20) Because of Police salary adjustments made after the preliminary budget was adopted, the amount budgeted for the School Resource Officers ($48,481) is not adequate. Detectives salaries should be increased by $8,547, and Reimburse- ment from the School District should be increased a like amount. (21) The Firearms and Street Crime training offered to other jurisdictions has attracted more attention than anticipated, Revenue from this program is expected to exceed budget by $4,350. Reimbursements can be increased by that amount and Patrol supplies can be increased the same amount, (22) The Library secured a Ready to Read grant in the amount of $3,000. This is added to Children's Services, (23) The Woodburn Youth Baseball Association has decided to discontinue coordination and administration of the Girl's Softball program, focusing their attention to baseball. To ensure the continuation of the Girl's Softball, the City of Woodburn will assume the responsibility for this program. An additional $3,360 in expenses is anticipated based on providing Girl's Softball for a similar number of participants in 2006. $3,360.00 in participant revenues is forecast. (24) The Teen Program is enhanced by two grants, The City received a $7,500 grant from National Association of Police Activities League for the Wood-burn Police Activities League programs. A $2,000 grant was received from the Nike Go Foundation for the Woodburn PAL Adventures program, a program aimed at keeping middle school age youth active, (24) 47 ,r' ..' ,. ""r' ", T' Mayor and City Council February 26, 2007 Page 5 . . Three other grants benefit the Youth Sports Program. Land 0' Frost Lunch-meats donated $6,100 toward sponsorships, and $350 has been donated by the OSU Federal Credit Union. In addition, the City received a grant for $8,200.00 from the National Football League I National PAL. (25) The Teen Program supervisor's position was vacated last summer. Those funds can be most effectively used to hire part-time people for the Summer Day Camp ($2,257) and Adult Sports ($5,929) programs. (26) Within the Aquatic Division $25,000 is transferred from Pool Administration, Part- time Salaries to Recreation Swim, Part-time Salaries to provide better program accounting. (27) Parks and Library are being combined into one department. Accounting for individual programs will not change. However, there will be a separate budget for administration of the new department, That is cfeated by reducing the old Parks Admin and Library Admin budgets by the unspent amounts as of January 19. Those amounts are consolidated in the new budget, The salary savings from the consolidation will fund two purchases that were proposed as Additional Funds Requests but were postponed pending the consolidation: Capital is increased $11,600 for security gates at the Library, and Supplies are increased $4,800 for foreign language materials for the Library, The net effect of the consolidation on the expenditure budget is zero. (28) In Parks Maintenance Protective Clothing ($1,500) and Overtime ($3,500) are increased to account for the response to the recent winter storm emergency. (29) BUILDING FUND Building Permit Revenue now is forecast to be $75,000, which is 45% of the original estimate. Plan Check Fees are likewise funning about half of the budgeted amount. A lack of buildable land in Woodburn has been compounded by a national drop in the housing market. The reduced level of construction can be expected to continue until more land becomes available. In the meantime, the fund has adequate Contingency to easily weathef the current slow period. Building Permit Revenue is reduced $90,160, Plan Check Fees are reduced $60,000 and Contingencies are reduced $150,160. (30) 48 .. ..... ,....,....,..,"" .... I Mayor and City Council February 26, 2007 Page 6 . . HOUSING REHAB FUND The City owns and is now renting the house at 175 First Street. Rental income for the balance of this year will be $3,900. $1,900 will pay for cleaning and utilities, and the balance ($2,000) will increase Contingencies. (31 ) CITY GAS TAX FUND City Gas Tax is increased $5,000 to reflect current estimates of actual collections this year. (32) CDBG FUND The Carol Street project was expected to be completed by June 30, 2006; how- ever, $4,781 of expenses did not occur and $6,570 of revenue was not received until this year. When those amounts are budgeted and accounted for, the fund will be left with no cash, and will be dormant until the next CDBG project. (33) GENERAL CIP FUND City employees and assets are considerably less protected since the Police moved out. An existing camera system in the building was designed to monitor Police and Norcom offices, That system will be re-deployed to monitor the doors and windows where employees have frequent public contact (Finance, Court, Administration and Community Development), In addition staff has sought proposals for silent alarms and card/key pads at the interior doors. The received proposals include buttons under the counters that will ring into Norcom, and pads at each door that will require either a magnetic card or an access number to gain entry, The cost to install the system will not exceed $2,500. (12) In June the City of Woodburn was awarded a grant from KaBOOM! and The Home Depot for $25,000 to purchase playground equipment for Nelson Park. The grant award required local match of $10,000 in cash, which was donated by the Burlingham Trust. (34) While replacing the main electrical panel at the pool, other deficiencies were discovered. Because of Building Code requirements, these situations had to be addressed before electrical service could be restored to the pool. Some of these repairs were addressed in the October 19, 2006 Supplemental Budget. However, the replacement of the electrical sub panel for the pumping system 49 r ~'T-r r f" I Mayor and City Council February 26, 2007 Page 7 . . has not been funded. $9,000 should be transferred from the General Fund to the General CIP Fund, where it can be expended, (14) SEWER CONSTRUCTION FUND & WATER CONSTRUCTION FUND As budgeted, sewer reserves are insufficient to meet DEQ loan requirements, The loan documents require reserves equal to one half of the average annual debt service or $1,110,205, Current reserves total $881,835 ($292,125 in the Sewer Construction Fund and $589,710 in the Sewer SDC Fund). The City has begun a rate study that will provide the revenue necessary to cover the reserve requirements by the end of FY 2008. It would damage the City's bond rating and its ability to borrow future funds from DEQ, if, at the close of FY 2007, the reserves were not adequate, Staff proposes borrowing $232,000 from the Water Construction Fund to provide the necessary reserves. The money will be deposited in the Sewer Construction Fund, and will be repaid with interest from the increased rates, (35) WATER FUND Based on collections for the first six months of the year, Water Sales is expected to generate $89,345 more that what is budgeted. This amount is added to Contingencies, (36) In December the Water Division sold $4,000 worth of scrap brass. The proceeds will be used to purchase additional inventory of pipe and fittings, (37) SEWER FUND Based on collections for the first six months of the year and management's expectations for the last six months, Sewer Revenue is expected to generate $24,147 more that what is budgeted. This amount is added to Contingencies, (38) Equipment Repair is increased $23,000 reflecting the need to rebuild the pumps at Mill Creek Pump Station and the 1-5 Pump Station. (39) Other Services is increased $4,000 to provide for permitting the pre-treatment required at the MacLaren facility. This also covers the cost of semi-annual testing required by the City's NPDES permit. (40) 50 .' '''0' 'T.' T' Mayor and City Council February 26, 2007 Page 8 . . Fuel is increased $1 ,000 for emergency generator operations during the fall and early winter. (41 ) Equipment Repair is increased $3,000 for the repair of flow meters needed for the inflow/infiltration reduction program. (42) IS FUND The IS Division will be moving into the space vacated by Norcom, The benefits include better air conditioning and an elevated floor that will allow cable to be run in races under the floor. To take full advantage of the new location, servers should be mounted on racks, which cost $2,000, IS Fund Contingencies can be reduced to fund this purchase. IS rental rates will not be affected. (43) INSURANCE FUND Intra-government Services in the Insurance Fund is a measure of the labor the City Recorder spends on insurance matters, It is based on a percentage of salary, Salaries have increased more than anticipated when this budget was submitted, $500 should be transferred from General Liability Premiums to Intra- governmental Services. (44) T & E FUND A multi-purpose copier used in engineering is budgeted for $2,000, This amount is not adequate to purchase a machine with the desired features. It is recommended that the budget be transferred to Leased Equipment, so that an appropriate copier can be procured. (45) Since the budget was adopted, the Public Works Director has negotiated his annual salary increase. The increase for salary and fringe benefits is $8,900. This can be funded by a transfer from Contingencies in the T & E Fund, (46) BUILDING MAINTENANCE FUND Last year Oregon's Public Utility Commission (PUC) granted Northwest Natural a 9% rate increase. The rate increase coupled with the recent abnormally cold weather will drive the City's natural gas costs up. Offsetting those influences is the fact that the Pool, the City's largest user of natural gas, will be off line for an extra three weeks this year. The net result is a $25,000 increase. This will be 51 ". ~", .,... ~ T' Mayor and City Council February 26, 2007 Page 9 . . funded by a transfer from the General Fund to the Building Maintenance Fund. ( 13) Sending custodians and maintenance staff to the new Police facility has added to the travel costs in the Building Maintenance Fund, It is recommended that $800 be added to fuel. (47) The Overtime budget for Building Maintenance has not covered actual expenses in recent years. Increasing the Overtime budget to equal the average usage during the last three years requires an increase of $2.723, This would reduce Contingencies and would not affect space rental rates. (48) EQUIPMENT REPLACEMENT FUND The purchase of two buses are added to the Equipment Replacement Fund. A modified para-transit mini-van ($30,833) was budgeted last year, but was not delivered until this year. A purpose built medium duty transit bus ($152,946) was approved in the CIP but was inadvertently omitted form the line item budget, The net effect on the fund is to increase Federal Grants by $153,000, increase Capital expenditures by $136,000, and increase Contingencies by $17,000. The adjustment to revenue exceeds the increase to expenses, because some expense was included in the adopted line item budget. (49) The following table is a tabulation of the proposed budget changes by fund: BEGINNING CONTIN- FUND GENCIES FUND No. BALANCE REVENUE EXPENSES & RESRVES General 001 260,534 201,552 234,002 228,084 Building 123 19.408 -150.160 0 -130.752 Housing Rehab 137 23,542 3,900 1,600 25.842 Street 140 103,101 103,101 City Gas Tax 169 5,000 5.000 Bonded Debt 250 20,399 20.399 CDBG 351 4.781 6,570 11,351 Police Construction 357 -1,246,782 -1.246.782 General CIP 358 21,500 21.500 Sp Assessmt 360 22,328 22,328 St/Storm CIP 363 68,940 68,940 Parks CIP 364 -32.809 -32,809 TIF 376 406,689 406,689 52 ,r' ~.. ~,,- T' Mayor and City Council February 26, 2007 Page 10 . . Sewer CIP 461 15,329 15.329 Sewer Constr 465 16,259 232.000 248.259 Water Constr 466 -59.870 232,000 -291,870 Water 470 104,676 93,345 4,000 194,021 Sewer 472 97,031 24,147 31 .000 90,178 Water SDC 474 127,11 4 127.114 Sewer SDC 475 131,685 131.685 IS 568 29.402 2,000 27.402 Insurance 581 58,685 500 58,185 T&E 582 144,204 8,900 135,304 Building Maint 583 30.122 25.000 28,523 26,599 Equipment Replace 591 14.349 153,000 136.000 31,349 Total 359.11 7 615,854 -535.406 1,510,377 FINANCIAL IMPACT: The proposed revision increases Beginning Fund Balances in all funds by $359,117, Revenue in all funds is increased by $615,854, and total appropriations are decreased by $535.406. Contingencies in all funds are increased $1,278,377 and reserves are increased by $232,000. Contingencies in the General Fund increase $228,084 to $1,031,871, which is 10,8% of budgeted expenditures. 53 l' ~" T- r CITY of WOODBURN MID YEAR BUDGET REVISION-Council 2006-07 Description Account Expenditures Revenue GENERAL FUND Contingencies 001 901 9971 5921 260,534 Beginning Fund Balance 001 000 3081 260,534 Adjust Beginning Fund Balance to actual (1) Contingencies 001 901 9971 5921 18,000 ToT 001 000 3133 18,000 HoteVmotel tax (2) Contingencies 001 901 9971 5921 -28,000 Business Registration 001 000 3211 -28,000 Business registration (3) Contingencies 001 901 9971 5921 22,000 Franchise Revenue-Qwest 001 000 3233 22,000 (4) Qwest franchise Contingencies 001 901 9971 5921 8,000 Franchise Revenue--United D 001 000 3234 8,000 United Disposal franchise (5) Contingencies 001 901 9971 5921 5,000 Franchise Revenue-Will BB 001 000 3235 5,000 Willamette BB franchise (6) Planning Fees 001 000 3456 20,000 Contingencies 001 901 9971 5921 20,000 Planning fees (7) Pool Concessions 001 000 3418 -1,000 Pool Admissions 001 000 3471.101 -3,000 Pool Memberships 001 000 3471.102 9,000 Pool Lessons 001 000 3471.104 -28,000 Contingencies 001 901 9971 5921 -23,000 Pool revenue (8) Contingencies 001 901 9971 5921 -57,600 Traffic Fine Revenue 001 000 3531 -57,600 Traffic fines (9) Contingencies 001 901 9971 5921 50,000 Investment Income 001 000 3611 50,000 Investment income (10) Page 1 54 l" ,," "'f" .. '!" Description Account Expenditures Revenue Contingencies 001 901 9971 5921 -5,200 Finance- Temporary Salaries 001 151 1511 5113 4,800 Finance-Workers' Comp 001 151 1511 5211 290 Finance-FICA 001 151 1511 5212 110 Budget intern (11) Contingencies 001 901 9971 5921 -2,650 Transfer to Gen'l Fund CIP 001 199 9711 5811.358 2,500 Admin-Other Services 001 199 1219 5499 150 City Hall security system (12) Contingencies 001 901 9971 5921 -25,000 Transfer to Bldg Maintenance 001 199 9711 5811.583 25,000 Natural gas (13) Contingencies 001 901 9971 5921 -9,000 Transfer to Gen'l Fund CIP 001 199 9711 5811.358 9,000 Pool electrical panel (14) Police-Capital Outlay 001 211 2199 5645 51 ,760 Federal Grants 001 000 3332 51,760 LEDS (15) Police Detectives-Overtime 001 211 2131 5121 10,000 Reimbursements 001 000 3881 10,000 School District overtime (16) Police Patrol-Overtime 001 211 2111 5121 3,040 Police Traffic-Overtime 001 211 2121 5121 11,000 Police Patrol- Protectiv Clothing 001 211 2111 5352 1,273 Police Detectives-Regular Sal 001 211 2131 5111 60,000 Grants 001 000 3341 75,313 Various grants (17) Police Comm Police-Supplies 001 211 2161 5329 1,645 Donations-Police 001 000 3673 1,645 Donations (18) Police Admin-Supplies 001 211 2199 5319 3,000 Police Patrol-Vehicle Repair 001 211 2111 5475 12,000 Police 001 211 2171 5475 2,000 Police Detectives-Capital 001 211 2131 5649 5,000 Police Traffic-Salaries 001 211 2121 5111 -10,000 Police Traffic-Fringe 001 211 2121 5213 -2,200 Police Detectives-Salaries 001 211 2131 5111 -8,000 Police Detectives-Benefits 001 211 2131 5213 -1,800 Transfer from labor & fringe (20) Page 2 55 l' ~. '''T'' ~ T Description Account Expenditures Revenue Police Detectives-Salaries 001 211 2131 5111 8,547 Reimbursements 001 000 3881 8,547 School District Resource Off (21) Police Patrol-Supplies 001 211 2111 5359 4,350 Reimbursements 001 000 3881 4,350 Fireanns training (22) Police Detectives-Capital 001 211 2131 5649 5,027 Insurance Recovery 001 000 3631 5,027 Totaled vehicle (19) Library-Children-Prog Supplies 001 311 3111 5347 3,000 State Grants 001 000 3341 3,000 Ready to Read grant (23) Youth Sports Revenue 001 000 3473.101 3,360 Parks Ree-Part Time Salaries 001 421 7421 5112 1,050 Parks Ree-Workers' Comp 001 421 7421 5211 50 Parks Ree-FICA 001 421 7421 5212 100 Parks Ree-Other SelVices 001 421 7421 5419 660 Parks Ree-Youth Supplies 001 421 7421 5329.401 1,500 Girls' softball (24) PAL Grant 001 000 3671.102 7,500 Nike Go Grant 001 000 3671.103 2,000 OSU Credit Union Grant 001 000 3671.104 350 Land 0 Frost Grant 001 000 3671.105 6,100 NFL Grant 001 000 3671.106 8,200 Parks Ree-Clothing 001 421 7421 5324 6,450 Parks Ree-Youth Supplies 001 421 7421 5329.401 8,200 Parks Ree-Part Time Salaries 001 421 7423 5112 2,000 Parks Ree-Part Time Salaries 001 421 7423 5112 6,000 Parks Ree-Wokers' Comp 001 421 7423 5211 120 Parks Ree-FICA 001 421 7423 5212 480 Parks Ree-Retirement 001 421 7423 5214 480 Parks Ree-Youth Supplies 001 421 7423 5329.401 420 Additional Parks Ree revenue and costs (25) Parks Ree-Regular Salaries 001 421 7421 5111 -4,915 Parks Ree-Regular Salaries 001 421 74225111 -1,966 Parks Ree-Regular Salaries 001 421 7424 5111 -294 Parks Ree-Regular Salaries 001 421 74255111 -1,011 Parks Ree-Part time Salaries 001 421 7424 5112 2,257 Parks Ree-Part time Salaries 001 421 7422 5112 5,929 Elimination of position (26) Page 3 56 ",' ,,, '''1'''. 'f' Description Account Expenditures Revenue Library Admin-Labor & Fringe 001 311 3199 1XX-2XX -105,637 Library Admin-Supplies & Serv 001 311 3199 3XX-4XX -141,420 Parks Admin-Labor & Fringe 001 491 7429 1XX-2XX -121,227 Parks Admin-Supplies & Serv 001 491 7429 3XX-4XX -35,634 Community Services-Labor & F 001 499 7991 1XX-2XX 210,464 Community Services-SupplieslS 001 499 7991 3XX-4XX 177,054 Library Admin-Capital Equip 001 311 3199 5622.016 11,600 Library Admin-Foreign Lang 001 311 3199 5343 4,800 Create Community Services Department (28) Parks Pool-Part Time Salaries 001 431 74195112 -25,000 Parks Pool-Part Time Salaries 001 431 74145112 25,000 Allign salaries to actual (27) PW Maint-Protective Clothing 001 631 7611 5352 1,500 PW Maint-Overtime 001 631 7611 5121 3,500 Contingency 001 901 9971 5921 -5,000 Winter storm response (29) BUILDING FUND Contingencies 123 901 9971 5921 19,408 Beginning Fund Balance 123 000 3081 19,408 Adjust Beginning Fund Balance to actual (1) Contingencies 123 901 9971 5921 -90,160 Building Permit Revenue 123 000 3221.101 -90,160 Bldg permit revenue (30) Contingencies 123 901 9971 5921 -60,000 Plan Review Revenue 123 000 3221.105 -60,000 Plan Check Revenue (30) HOUSING REHAB FUND Contingencies 137 901 9971 5921 23,542 Beginning Fund Balance 137 000 3081 23,542 Adjust Beginning Fund Balance to actual (1) Rental Income 137 000 3491 3,900 Comm Dev Housing-Other Supp 137 531 5911 5329 500 Comm Dev Housing-Water/Sew 137 531 5911 5452 300 Comm Dev Housing-Electricity 137 531 5911 5453 600 Comm Dev Housing-Other Serv 137 531 5911 5479 500 Contingencies 137 901 9971 5921 2,000 Rental property (31) Page 4 57 ",' .. 'T" '.' ,. , Description Account Expenditures Revenue STREET FUND Contingencies 140 901 9971 5921 103,101 Beginning Fund Balance 140 000 3081 103,101 Adjust Beginning Fund Balance to actual (1) CITY GAS TAX FUND Contingencies 169 901 9971 5921 5,000 City Gas Tax 169 000 3171 5,000 City gas tax (32) BONDED DEBT Contingencies 250 901 9971 5921 20,399 Beginning Fund Balance 250 000 3081 20,399 Adjust Beginning Fund Balance to actual (1) CDBG FUND Admin-Pro Services-Mgnt 351 121 1211 5413 11,351 State Grants 351 000 3341 6,570 Beginning Fund Balance 351 000 3081 4,781 Carry over from 2006 (33) POLICE CONSTRUCTION Admin-Engineering and Arch 357 121 9511 5411 -50,000 Admin-Capital Admin Bldg 357 121 9531 5621 -1,196.782 Beginning Fund Balance 357 000 3081 -1,246,782 Adjust Beginning Fund Balance to actual (1) GENERAL CIP FUND Admin-Admin Building 358 121 9531 5621.015 2,500 Transfer from General Fund 358 000 3971.001 2,500 City Hall security system (12) Admin-Athletic Fields 358 121 9531 5637 10,000 Other Grants 358 000 3671 10,000 Kaboom grant for playground (34) Admin-Park Buildings 358 121 9531 5623.002 9,000 Transfer from General Fund 358 000 3971.001 9,000 Pool electrical panel (14) SPECIAL ASSESSMENT FUND Contingencies 360 901 9971 5921 22,328 Beginning Fund Balance 360 000 3081 22,328 Adjust Beginning Fund Balance to actual (1) Page 5 58 " -, T~ T' Description Account Expenditures Revenue STREET/STORM CIP FUND Contingencies 363 901 9971 5921 68,940 Beginning Fund Balance 363 000 3081 68,940 Adjust Beginning Fund Balance to actual (1) PARKS CIP FUND Contingencies 364 901 9971 5921 -32,809 Beginning Fund Balance 364 000 3081 -32,809 Adjust Beginning Fund Balance to actual (1) TRAFFIC IMPACT FEE FUND Contingencies 376 901 9971 5921 406,689 Beginning Fund Balance 376 000 3081 406,689 Adjust Beginning Fund Balance to actual (1) SEWER CIP FUND Contingencies 461 901 9971 5921 15,329 Beginning Fund Balance 461 000 3081 15,329 Adjust Beginning Fund Balance to actual (1) SEWER CONSTRUCTION FUND Contingencies 465 901 9971 5921 16,259 Beginning Fund Balance 465 000 3081 16,259 Adjust Beginning Fund Balance to actual (1) Loan from Water Construe Fund 465 000 3811.466 232,000 Reserve for DEO Loan 465 901 9971 5981.007 232,000 Reserve for DEO loans (35) WATER CONSTRUCTION FUND Contingencies 466 901 9971 5921 -59,870 Beginning Fund Balance 466 000 3081 -59,870 Adjust Beginning Fund Balance to actual (1) Loan to Sewer Construct Fund 466 611 8111 5714 232,000 Contingencies 466 901 9971 5921 -232,000 Loan to Sewer Construe Fund (35) WATER FUND Contingencies 470 901 9971 5921 104,676 Beginning Fund Balance 470 000 3081 104,676 Adjust Beginning Fund Balance to actual (1) Page 6 59 .' ...... .'-T'-O+ T'I Description Account Expenditures Revenue Contingencies 470 901 9971 5921 89,345 Water Sales Revenue 470 000 3434.101 89,345 Adjust to actual (36) Sale of Surplus 470 000 3691 4,000 PW 470 611 6411 5379.004 4,000 Sale of surplus brass parts (37) SEWER FUND Contingencies 472 901 9971 5921 97,031 Beginning Fund Balance 472 000 3081 97,031 Adjust Beginning Fund Balance to actual (1) Contingencies 472 901 9971 5921 24,147 Sewer Revenue 472 000 3435.101 24,147 Adjust ot actual (38) PW Sewer-Equipment Repair 472 621 6511 5471 23,000 Contingnecies 472 901 9971 5921 -23,000 Pump rebuilds (39) PW Sewer-Other Services 472 621 6511 5499 4,000 Contingencies 472 901 9971 5921 -4,000 Additional permits & testing (40) PW Sewer-Fuel 472 621 6511 5323 1,000 Contingencies 472 901 9971 5921 -1,000 Emergency fuel for generator (41) PW Sewer-Equipment Repair 472 621 6521 5471 3,000 Contingencies 472 901 9971 5921 -3,000 Flow meter repair (42) WATER SDC FUND Contingencies 474 901 9971 5921 127,114 Beginning Fund Balance 474 000 3081 127,114 (1) Adjust Beginning Fund Balance to actual SEWER SDC FUND Contingencies 475 901 9971 5921 131,685 Beginning Fund Balance 475 000 3081 131,685 Adjust Beginning Fund Balance to actual (1) Page 7 60 .. ...... "T"......, T" I Description Account Expenditures Revenue IS FUND Contingencies 568 901 9971 5921 29,402 Beginning Fund Balance 568 000 3081 29,402 Adjust Beginning Fund Balance to actual (1) Contingencies 568 901 9971 5921 -2,000 Finance-Capital 568 151 1921 5645 2,000 Racks (43) INSURANCE FUND Contingencies 582 901 9971 5921 58,685 Beginning Fund Balance 582 000 3081 58,685 Adjust Beginning Fund Balance to actual (1) Recorder-Intragovemmental 581 131 1611 5199 500 Recorder- Gen'l Liability 581 131 1611 5465 -500 Increase Intragovemmental (44) T & E FUND Contingencies 582 901 9971 5921 144,204 Beginning Fund Balance 582 000 3081 144,204 Adjust Beginning Fund Balance to actual (1) PW Eng-Capital Office Equip 582 651 9511 5641 -2,000 PW Eng-Lease Equip 582 651 9511 5445 2,000 Large format copier (45) PW Admin-Regular Salaries 582 691 6999 5111 6,530 PW Admin-Medical Insurance 582 691 6999 5213 1,880 PW Admin-Retirement 582 691 6999 5214 490 Contingencies -8,900 PW Director Salary (46) BUILDING MAINTENANCE FUND Contingencies 583 901 9971 5921 30,122 Beginning Fund Balance 583 000 3081 30,122 Adjust Beginning Fund Balance to actual (1) Transfer from General Fund 583 000 3971.001 25,000 PW Maint-Natural Gas 583 631 1911 5451 25,000 Natural Gas (13) PW Maint-Fuel 583 631 1911 5323 800 Contingencies 583 901 9971 5921 -800 Travel to and from Police (47) Page 8 61 ,r' .. T"' '" PW Maint-Overtine 583 631 1911 5121 2,723 Contingencies 583 901 9971 5921 -2,723 Actual orr in recent years. (48) EQUIPMENT REPLACEMENT Contingencies 591 901 9971 5921 14,349 Beginning Fund Balance 591 000 3081 14,349 Adjust Beginning Fund Balance to actual (1) Federal Grants 591 000 3332 153,000 PW Transit-Buses 591 671 9211 5649 136,000 Contingencies 591 901 9971 5921 17,000 Bus purchases (49) Grand Total 974,971 974,971 Page 9 62 'Y' ....... ""T'"'''' TI ~.".'" .~~. . WOODBURN 1.'.',.,.,eJ "" ~~llA . . February 26, 2007 TO: Honorable Mayor and City Council FROM: John C. Brown, City Administrator SUBJECT: Underground Utility Ordinance RECOMMENDATION: It is recommended the City Council: 1) confirm or amend its November 30, 2006 consensus to underground overhead utilities for the full distance of the remaining Front Street project area; and 2) adopt, as appropriate, the attached Ordinance Providing a Process for the Forced Conversion of Electric and Communication Facilities Under the Authority Delegated by the State of Oregon, BACKGROUND: The City Council conducted a workshop on November 30, 2006 to discuss the Front Street project (workshop minutes attached as Attachment 1). Staff advised the Council of changes to the scope of the project that significantly increase estimated costs. The most costly scope-changing factor is the need to reconstruct sidewalk on Front Street in Downtown, and to repave or replace sidewalk on several side-streets resulting from unanticipated utility under- grounding in those locations. These add $790,000 to original project estimates. Another factor is utility undergrounding, which adds $645,000 to project estimates, and reflects additional distances that must be undergrounded on side-streets due to PGE's system configuration, These are in addition to $279,000 added to the 2006-07 budget to address PGE's system conversion charges. Those charges include depreciation of existing plant and work needed at transition points between overhead and underground facilities, Finally, changes in grade through the Hardcastle Street intersection added $356,000 to original estimates. Together, these increases raised the 2006-07 estimated cost of the project from $2,300,000 to $4,091,600, Agenda Item Review: City Administrato City Attorney _ 63 ..'" ......."...' ....., Honorable Mayor and City Council February 26, 2007 Page 2 . . Primary funding for this project is urban renewal, from which $1.6 million was budgeted in 2006-07. $700,000 was to be provided from a combination of City sources including TIF's, Public Works CIP funds, Gas Tax revenues, and the City's Economic Development fund. To address cost increases, staff proposed increasing funding from known sources, including increasing the urban renewal share, tapping into STP Exchange monies, drawing from gas-tax resurfacing funds, and maximizing the use of TlF's to proportionately allowable limits. Together, these support $3,078,840 of the estimated $4,091,000 cost. To fund the remaining $1 million, staff proposed seeking CDBG funding of $300,000, and requiring PGE to absorb $300,000 through forced undergrounding. Staff indicated remaining funds needed to complete the project can be identified from a variety of city funds, including urban renewal, if the project is phased to be completed in two, or three, years, A CDBG grant is not guaranteed, The project, however, is a strong candidate for that grant's public infrastructure program, due to the proportion of grant funds sought in relationship to total project cost, The City is authorized by State law and by franchise agreement to require PGE to underground its lines, The law also allows PGE to recover its costs through a rate adjustment request to the Oregon Public Utilities Commission (OPUC). Based on PGE's calculations, forced underground worth $300,000 will result in a rate increase of .30%. At the workshop, this was compared to an average monthly bill of $100, and would result in monthly increase of approximately 30 cents for residential customers, when implemented over ten years, PGE's calculations (based on conversion costs of $279,000) indicate that, based on average kilowatt usage for residential and small non-commercial customers, increases would be 19 cents, and 50 cents per month, respectively (Attachment 2). These amounts would be slightly higher based on $300,000, Council was given options that included eliminating components of the project, increasing revenues, delaying components of the project, or a combination of these options. It was the consensus of all Council present to complete the entire project including utility undergrounding, to delay project completion through phasing, and to require PGE to underground the project. It was the consensus of the Council present to set that value at $500,000 rather than $300,000, $500,000, using a $100 per month base would add approximately 50 cents per month to a residential billing. Extrapolating from PGE's calculations, increases would be 34 cents per month for residential customers and 90 cents per month for small non-residential customers. It was the consensus of the Council that staff move forward with the project, including engineering and exercising the City's right to require undergrounding, 64 ,r' -'T"- T' Honorable Mayor and City Council February 26, 2007 Page 3 . . DISCUSSION: At your last meeting, you awarded the contract for project engineering, but directed that design work for utility undergrounding be deferred until the Council could conduct further discussion regarding that portion of the project, This item is placed on the agenda to provide opportunity for that discussion, and a Council decision, rather than consensus, on the matter. The Public Works Department will be available to discuss the information summarized in the background section of this report and will make available the materials presented at your November 30, 2006 workshop, The attached ordinance was prepared in response to the consensus reached in November, and is viewed by the City Attorney as necessary to initiating the forced undergrounding process, if the City Council directs that process be undertaken. The Attorney's office reviewed the forced undergrounding efforts of several cities, including Sandy and Dallas before completing a draft for Woodburn. State law enables cities to require utilities to underground their facilities; the City's telecommunications ordinance and franchise agreement with PGE establish local authority for doing so, These ordinances recognize State law, and the utility's right to seek compensating rate adjustments from the OPUC. Our ordinances do not, however, establish a local process for initiating forced undergrounding. The attached ordinance provides for a public hearing, to determine whether the public necessity, health, safety, or welfare requires the removal of overhead structures within designated areas of the City and the underground installation of facilities for supplying electric, communication, or similar or associated services. Notice would be required to be provided to everyone in the affected area, including affected utilities. If, after the public hearing, the City Council finds the public necessity, health, safety, or welfare requires undergrounding within a designated area, the City Council may, by resolution, declare a designated area an underground utility district and order removal and underground installation. The resolution would describe the area of the district and set a completion date for removal and underground installation, The resolution would also identify the area over which utilities could spread the cost of undergrounding, if they seek a compensating rate adjustment from OPUC. The decision of the City Council as set forth in the resolution would be final. 65 'Y' -T'~ T I Honorable Mayor and City Council February 26, 2007 Page 4 . . When the resolution is effective, notice and a copy of the resolution would be provided to all affected utilities and owners of real property in the district, advising them of the formation of the district. The notice would also advise property owners of the requirement that they make all changes necessary on their property to receive service from supplying utility or utilities at a new location. It is unlikely undergrounding would be required aside from a project of larger scope, such as street widening or renovation. In practice and depending on city funding, some or all of the cost of private connections might be included in the overall project scope and supported in project costs. The ordinance also makes illegal the erection of overhead facilities in an area that has been designated an underground utility district, to assure the permanence of utility undergrounding, It also allows for emergency situations and a limited number of exceptions. And, the ordinance provides penalty provisions for violations. It is recommended that you adopt the attached ordinance, if the Council decides to utilize this means of funding some of the cost of utility under- grounding for the Front Street project. A notice of public hearing would then be directed to every property owner in the city, even though the bounds of the underground utility district to be formed would be limited to the Front Street area. This reflects the intention, based on discussions in November, to spread the cost of any attendant compensating rate adjustments over the entire City. Regardless of the Council's decision regarding the Front Street project, staff believes the attached ordinance is necessary if the Council intends in the future to take advantage of opportunities to underground utilities anywhere in the City where they are currently above ground. FINANCIAL IMPACT: If the Council moves forward with the undergrounding process, notices would be directed to all property owners in the city, Based on the cost of water bill mailings each notice, of which there could be two, would cost approximately $3,000. This does not account for staff time assembling notices and addressing citizen inquiries, which is anticipated, but difficult to quantify. With respect to the Front Street project, a decision to force undergrounding will reduce the City's cost of the project by $500,000, making that project more affordable. It will also, however, most likely result in rate increases on the average of less than 50 cents per month to each household in the City. 66 ...-.. _.......,,"41'....1 ATTACHMENT ; Page -L_ of COUNCIL WORK SESSION MINUTES November 20, 2006 TAPE READING m. DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, NOVEMBER 20,2006. CONVENED. Mayor Figley convened the work session at 6:40 p,m, for the purpose of discussing the Front Street widening and reconstruction project. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present (6:50 pm) Absent Present Present Present (6:53 pm) Present Staff Present: City Administrator Brown, Public Works Director Tiwari, Senior CE Technician Scott, City Recorder Tennant .01 Mayor Figley stated that the purpose of this workshop is to fully inform the Council on engineering design and construction issues surrounding the N. Front Street improvement project between Cleveland Street and Highway 214. Administrator Brown stated that staff will provide information on the scope of the project and financing mechanisms with the hope that the Council will be able to come to some consensus on how to proceed with this project. He stated that the project, in part, has been held up due to the need for preliminary design work done by PGE so the City could then complete the infrastructure design, PGE has now provided the preliminary design work and, as a result, the cost for this project will be substantially more than the original budget amount. The PGE undergrounding has added close to $1,000,000 to the original cost and an additional $1,000,000 for other improvement expenses, In regards to the undergrounding portion of the project, the original budget estimate provided $1,070,000 for undergrounding of lines along North Front Street to Highway 214, however, the recent PGE preliminary design shows that it is necessary to branch out the undergrounding to multiple side streets to complete the electrical connections between downtown and the surrounding area. In turn, this additional work has escalated the price of this portion of the project by approximately $700,000 and PGE has added another $200,000 for their cost that represents the cost of the system that has not been fully depreciated (lines and poles) plus additional conversion work that needs to done to take it from above-ground to below-ground at a number of different points, Another issue that has arisen is the private Page I - Council Work Session Minutes, November 20,2006 67 ",,' '~""T'''' TI ATTACHMENT 5 Page -2-- of COUNCIL WORK SESSION MINUTES November 20, 2006 TAPE READING electrical connections in the downtown Alley necessary to bring the services to an underground connection. In regards to the project area between Cleveland and Hardcastle, additional costs will be incurred to replace the entire sidewalk rather than just make repairs to the existing sidewalk and to raise the grade at the N. Front Street and Hardcastle intersection. The revised estimate of $4,091 ,600 includes construction, engi neering, and a 10% contingency for the area between Cleveland and Highway 214. This revised estimate is $ I .791.600 over the original estimate to complete this project. Councilor McCallum questioned if the PGE costs are close to being the actual amount or will they be coming back to the City with a another substantial increase in the estimate. Administrator Brown felt that PGE has done a more thorough job in providing an estimate of costs now that they have completed their preliminary design work, He did state that the costs can always change based on actual bids received to do the necessary work. Public Works Director Tiwari concurred that PGE's estimate should be fairly close to the current estimate, There may be some cost changes associated with the undergrounding in the central business district but the finished project from Hardcastle Avenue north to Highway 214 will look similar to South Front Street. 14.0 Administrator Brown stated that it will take more than one year to complete the entire project. The original plan was to complete the central business district first then complete N. Front Street to Highway 214, however, the current plan is to complete N. Front Street first since the central business district will take more time to complete due to the undergrounding portion of the project. In regards to the Hardcastle Avenue intersection, Mayor Figley questioned if the angle at this intersection would be changed to make it easier for large vehicles to turn onto N, Front Street. Public Works Director Tiwari stated that Front Street would be changed in a way so that in the future if the Mill Street crossing is closed and Hardcastle is shifted, the higher grade would extend far enough to the north along N, Front Street thereby allowing large trucks vehicles turning off of Hardcastle to turn north onto Front Street. Administrator Brown reiterated that if the City is committed to doing the undergrounding of electrical lines, then we are committed to doing the sidewalk replacement in those outlying areas that will also have electrical lines placed underground. He also stated that by expanding the initial project, there will be less loan money available to property owners in the downtown area for building rehabilitation, Staff is recommending that if the undergrounding is to be done that the whole area outlined in the PGE design work be completed since the cost to underground electrical lines in the future will only increase. He also felt that undergrounding the full length of Front Street will improve the look of the downtown area and hopefully attract businesses and tourists to the area. Page 2 - Council Work Session Minutes, November 20,2006 68 T' ~.~T~ T' ATTACHMENT I Page...}..- of 5 COUNCIL WORK SESSION MINUTES November 20, 2006 TAPE READING 22.5 Councilor McCallum felt that the Council had laid out a plan to the public to improve the downtown area and the Council should complete the project as planned even though there is a delay in when the entire project will be completed. Administrator Brown stated that if the City is able to move quickly on this project, it may be possible to get N. Front Street done during this upcoming construction season and the portion between Cleveland Street and either Harrison or Hardcastle would be completed the following construction season, The extra year to complete the project will also give staff an opportunity to look at other grant opportunities and to accumulate additional Urban Renewal funds so that the City can be in a position to go out for urban renewal borrowing. Councilor McCallum felt that delaying the improvements to the central business district may work out to the City's advantage since the downtown plan has not been completed as of yet. Administrator Brown agreed that the downtown plan is important since it addresses parking and the overall traffic circulation, The City has received a Transportation Growth Management (TOM) grant in the amount of $95,000 from the State of Oregon to update the City's Downtown Development plan which combines land use planning with transportation facility planning. The City will be receiving a secondary grant to do some additional work outside of the downtown area and the City will be contributing a small match with the second grant. He anticipated having a completed downtown plan by the end of next year that will relate to street configuration and reiterated that the plan wilt not address undergrounding of electrical lines. 30.2 It was the consensus of the Councilors present that the City will pursue the undergrounding of electrical lines in the downtown area and on North Front Street as laid out on preliminary design provided by PGE. Administrator Brown reviewed the revenue sources for this project which includes the Urban Renewal fund, eligible funds within the City's Capital Improvement programs (eIP), STP Exchange for fiscal years 2006-07 and 2007-08 (federal funds transferred to the State for distribution to cities for street projects), City gas tax and street resurfacing funds, and additional system development funds which are available for capacity expansion on the North Front Street portion of this project only. Even with the additional revenues identi tied, there is still a need for $1,102,160 to be acquired over the project time period. Councilor Bjelland questioned what other sources of funds would be available to fund the anticipated shortfall. Administrator Brown stated that grant funds may be available and he will be searching through a variety of grant sources in an effort to find additional funds for this type of project. He will be pursuing Community Development Block Grant (CDBG) funds since they do provide grants for up to $300,000 for urban renewal/downtown revitalization Page 3 - Council Work Session Minutes, November 20,2006 69 ,r' .~> >"T"- T' COUNCIL WORK SESSION MINUTES November 20, 2006 ATTACHMENT ( Page -!:i_ of 5 TAPE READING projects and the next opportunity to apply for these funds will be in January 2007, Another source of funding for the Council to consider is requiring PGE to do the undergrounding as allowed for within the City's franchise agreement and PGE would, in turn, absorb the $279,000 conversion cost. He had tried to get PGE to absorb the cost of the conversion but PGE stated that they would absolutely not absorb the cost. Under current law, PGE can then make their own decision as to whether or not to file a rate increase with the Oregon Public Utility Commission (OPUC) to recover their conversion cost from ratepayers within the City, If the rate surcharge as determined by POE is submitted to and approved by the OPUC, a rate adjustment could be in effect for 5 or more years. He stated that the ratepayer bills from POE would have a separate line item showing the additional charge. He also provided examples of payback scenerios for the purpose of giving the Council an idea as to how much a residential ratepayer could expect to pay monthly ifPOE does receive approval from the OPUC for a surcharge. He also stated that the City could generate any amount up to the total forced undergrounding project cost but he felt that $300,000 using this mechanism for generating a revenue source would be more affordable to the ratepayers. Discussion was held regarding potential impact ofPGE passing a portion of the forced undergrounding cost onto the ratepayers and how ratepayers will react to this additional fee. Councilor Bjelland felt that the 10-year repayment plan is the logical approach since the projected surcharge is minimal to the residential customer, He, along with other Councilors, suggested that the $300,000 figure be increased to $500,000 for the purpose of providing some of the additional funding source needed to cover increased undergrounding costs for this project. Administrator Brown reminded the Council that the franchise ordinance allows the City to make PGE underground their electrical lines but it does not say that PGE has to pass this cost onto the ratepayers, The decision to pass on the cost to the ratepayers is a decision at the POE corporate level to maintain the investor's investment in their company. He also brought to their attention that the City would make the initial payment to contractor for the full cost of the undergrounding and the City would only get reimbursed for the conversion cost from PGE once they have collected funds from the ratepayers. He was still investigating this issue through PGE and was unsure ifPOE reimburses the City in a lump sum amount once they receive the approval from OPUC or if they make payments to the City over the years they collect the rate adjustment. 51,9 Administrator Brown stated that if the CDBO grant funds and $300,000 or more in conversion funding through PGE is acquired, then the balance necessary to complete the project is a more manageable amount of budget resources to come up with over the next couple of years. Page 4 - Council Work Session Minutes, November 20,2006 70 ." "'"'" '~,.... "".1 ATTACHMENT Page --1- of I 5" COUNCIL WORK SESSION MINUTES November 20, 2006 TAPE READING Richard Jennings stated that while he was Mayor, he had heard a lot of complaints from the public about the overhead electrical lines in the downtown area. However, with the passage of Urban Renewal, he has not heard those comments since there is an expectation that the lines will come down as part of downtown revitalization. Brief discussion was held regarding the need to make the public aware of what will be happening if PGE pursues, and receives, a utility rate adjustment for the conversion cost. It was noted that, depending upon PGE methodology used to determine the payback for the conversion costs, a utility bill could see about $.30 per $100 (0.3%) on a monthly bill. 56.4 Administrator Brown stated that in one construction season, all of the undergrounding will be completed and the City will try to get the streets and sidewalks done from the High School south to Harrison Street. Assuming the funding issues have been resolved, the next second construction season would involve the remainder of the area from Harrison Street to Cleveland Street. Under this construction plan, North Front Street will make the downtown area more accessible and hopefully attract more people to the area. In regards to the undergrounding, Administrator Brown stated that if the Council elects to force PGE to move forward with the undergrounding, then formal Council action will be necessary at either the first meeting in December 2006 or in January 2007. 64.1 Administrator Brown also mentioned that it will cost about $100,000 to install private electrical boxes and staff will be proposing that businesses pick up one-half (Y2) of the cost through a local improvement district (LID) process. There will also be some costs incurred for paving the downtown Alley which may involve a cost share utilizing the LID process. Further discussion on this issue will be brought up before the Council next spnng. 70.8 Mayor Figley obtained a consensus from the Council members present to go ahead with the Front Street project which includes the forced undergrounding of electrical lines as outlined in PGE's preliminary design work. ATTEST 11~~~ Mary Te ant, Recorder City of Woodburn, Oregon 71.5 The meeting concluded at approximately 7:48 p, Page 5 - Council Work Session Minutes, November 20, 2006 71 ,r' ~. ...,... ~ T ' DRAFT ( ATTACHMENT Page -L of ?- Portland General Electric City of Woodburn Underground Scenarios Surcharge Percentages Scenario A 5 Years 10 Years 15 Years 20 Years PGE Costs for Phase II & III Conversion Cost $ 278,995 $ 278,995 $ 278,995 $ 278,995 Annual Interest Rate 0.063 0.063 0.063 0.063 Payments per year 12 12 12 12 Rate per period $0.00525 $0.00525 $0.00525 $0.00525 Number of years 5 10 15 20 T ota! Number of payments 60 120 180 240 Monthly Payment $5,432.76 $3,139.61 $2,399.78 $2.047.39 Annual Payment $65,193.11 $37.675.38 $28.797.32 $24,568.70 Coversion cost plus interest $325,965.56 $376,753.n $431,959.75 $491,374.09 Revenue Subject to Surcharge' $ 12,865,140.61 $ 12.865,140.61 $ 12.865.140,61 $ 12,865,140.61 Surcharge 0,51% 0.29% 0.22% 0.19% Est. Avg Monthly Residential cos~ $ 0.33 $ 0.19 $ 0.15 $ 0.12 Est Avg Small Non Res. Cost- $ 0.88 $ 0.50 $ 0.38 $ 0.32 Scenario B 5 Years 10 Years 15 Years 20 Years PGE costs Phase IVIII & City $890,000 Conversion Cost $ 1,168,995 $ 1,168,995 $ 1,168,995 $ 1,168,995 Annual Interest Rate 0.063 0.063 0.063 0.063 Payments per year 12 12 12 12 Rate per period . 0.00525 0.00525 0.00525 0.00525 Number of years 5 10 15 20 Total Number of payments 60 120 180 240 Monthly Payment $22,763.38 $13,155.05 $10,055.11 $8,578.62 Annual Payment $273,160.53 $157,860.63 $120.661.37 $102,943.40 Coversion cost plus interest $1,365,802.67 $1,578,606.33 $1,809,920.55 $2,058,867.92 Revenue Subject to Surcharge' $ 12,865,140.61 $ 12,865,140.61 $ 12,865,140.61 $ 12,865,140.61 Surcharge 2.120/. 1.23% 0.94% 0.80% Est. Avg Monthly Residential cost'. $ 1.39 $ 0.80 $ 0.61 $ 0.52 Est Avg Small Non Res. Cost'- $ 3.61 $ 2.08 $ 1.59 $ 1.38 Scenario C 5 Years 10 Years 15 Years 20 Years PGE Costs Phase 11/11I & City $445,000 Conversion Cost $ 723.995 $ 723,995 $ 723,995 $ 723,995 Annual Interest Rate 0.063 0.063 0.063 0.063 Payments per year 12 12 12 12 Rate per period 0.00525 0.00525 0.00525 0.00525 Number of years 5 10 15 20 T ota! Number of payments 60 120 180 240 Monthly Payment $14,098.07 $8,147.33 $6.227.45 $5,313.00 Annual Payment $169,176,82 $97,768.00 $74.729.34 $63,756.05 Coversion cost plus interest $845,884.11 $977 ,680.05 $1,120,940.15 $1,275,121.00 Revenue Subject to Surcharge' $ 12,865,140.61 $ 12,865,140.61 $ 12,865,140.61 $ 12,865,140.61 Surcharge 1,320/0 0.76% 0.58% 0.50% Est. Avg Monthly Residential cost" $ 0.86 $ 0.50 $ 0.38 $ 0.32 Est Avg Small Non Res. Cost'.' $ 2,23 $ 1,29 $ 0.99 $ 0,84 . from 2005 Revenue Report for City of Woodburn U Based on 792 kWh per month u, Based on 1,936 kWh per month PLEASE NOTE: These rates are estimales; they are subject to change. 72 oe:r. ~? /'?~O ",' ~"'T"'~ j' COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE PROVIDING A PROCESS FOR THE FORCED CONVERSION OF ELECTRIC AND COMMUNICATION FACILITIES UNDER THE AUTHORITY DELEGATED BY THE STATE OF OREGON WHEREAS, under the provIsions of ORS Chapter 756, and the Oregon Administrative Rules (OARs) promulgated thereunder, the regulation of utilities operating in Oregon is a matter of statewide concern; and WHEREAS, OAR 860-022-0046 provides for the forced conversion of electric and communication facilities and gives local governments the power to require such conversions; and WHEREAS, the City of Woodburn wants to establish a process consistent with state law so that OAR 860-022-0046 can be implemented; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Definitions. Whenever in this Ordinance the words or phrases defined in this Ordinance are used, they shall have the respective meanings assigned to them in the following definitions: A. Oregon. ""Commission" means the Public Utility Commission of the State of B, "Underground utility district" or "district" means that area in the City within which poles, overhead wires, and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of this Ordinance. C. "Person" means and includes individuals, firms, corporations, and partnerships, and their agents and employees. D. "Poles, overhead wires, and associated overhead structures" mean poles, towers, supports, wires, conductors, guys, stubs, platforms, cross arms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments, and appurtenances located aboveground within a district and used or useful in supplying electric, communication, or similar or associated service. Page 1 - COUNCIL BILL NO. ORDINANCE NO. 73 ~' ""'T"'~' r' E, "Utility" or "utilities" mean all energy utilities and large telecommunications utilities as defined by OAR 860-022-0001. Section 2. Public Hearlna. The City Council may from time to time call public hearings to ascertain whether the public necessity, health, safety, or welfare requires the removal of poles, overhead wires, and associated overhead structures within designated areas of the City and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service. The City Administrator shall notify all affected property owners, as shown on the last equalized assessment roll, and the involved utilities, by mail of the date, time, and place of such hearings at least ten days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard. Section 3. Deslanatlon of Underaround Utility Districts by Resolution. If, after any such public hearing, the City Council finds that the public necessity, health, safety, or welfare requires such removal and such underground installation within a designated area, the City Council may, by resolution, declare such designated area an underground utility district and order such removal and underground installation. Such resolution shall include a description of the area comprising such district and shall fix the date by which such removal and underground installation shall be accomplished and within which affected property owners shall be ready to receive underground service. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials, and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby, The decision of the City Council as set forth in the resolution shall be final and conclusive, Section 4. Unlawful Acts. Whenever the City Council creates an underground utility district and orders the removal of poles, overhead wires, and associated overhead structures therein as provided in this Ordinance, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ, or operate poles, overhead wires, and associated overhead structures in the district after the date when such overhead facilities are required to be removed by such resolution, except as such overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in this Ordinance. Page 2 - COUNCIL BILL NO. ORDINANCE NO. 74 ... ",.. '...,......... ""'1 Section 5. Emeraency or Unusual Circumstances. Notwithstanding the provisions of this Ordinance, overhead facilities may be installed and maintained for a period, not to exceed 10 days, without authority of the City Administrator, in order to provide utilities in the event of an emergency or unusual circumstances. The City Administrator may, under such emergency or unusual circumstances, extend or grant special permission, on such terms as the City Administrator may deem appropriate, without discrimination as to any person or utility, to erect, construct, install, maintain, use, or operate poles, overhead wires, and associated overhead structures on a temporary or permanent basis. Any such decisions by the City Administrator shall be subject to appeal to the City Council by filing a written notice of appeal with the office of the City Administrator within 10 days after the City Administrator's decision is mailed. Section 6. ExceDtlons. The provisions of this Ordinance and any resolution adopted pursuant to the provisions of this Ordinance shall, unless otherwise provided in such resolution, not apply to the following types of facilities: A, Any municipal facilities or equipment installed under the supervision and to the satisfaction of the City Administrator; B. lighting; Poles or fixtures and other appurtenances used exclusively for street C, Overhead wires (eXclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, where such wires originate in an area from which poles, overhead wires, and associated overhead structures are not prohibited; D. Poles, overhead wires, and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 35,000 volts; E. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street; F, Antennae, associated equipment, and supporting structures used by a utility for furnishing communication services; Page 3 - COUNCIL BILL NO. ORDINANCE NO. 75 ,r' - . T~' ,. , G. Equipment appurtenant to underground facilities, such as pad mounted switches, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts; and H. Temporary poles, overhead wires, and associated overhead structures used or to be used in conjunction with construction projects. Section 7. Notices to ProDertv Owners and Utilities. Within 10 days after the effective date of a resolution adopted pursuant to this Ordinance, the City Administrator shall notify all affected utilities and all persons owning real property within the district created by such resolution of the adoption thereof. The City Administrator shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to the applicable rules, regulations, and tariffs of the respective utility or utilities on file with the Commission. Notification by the City Administrator shall be made by mailing a copy of the resolution adopted pursuant to this Ordinance to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. Section 8. ResDonsibility of Utility ComDanies. If utility poles, overhead wires, and associated overhead structures must be removed and replaced with underground facilities and equipment in order to continue utility service within a district created by any resolution adopted pursuant to this Ordinance, the supplying utility shall, at its cost, perform such conversion in accordance with its applicable rules, regulations, and tariffs on file with the Commission. Section 9. ResDonsibility of ProDertv Owners. A. Every person owning, operating, leasing, occupying, or renting a building or structures within a district shall perform construction and provide that portion of the service connection on their property between the facilities referred to in this Ordinance and the termination facility on or within such building or structure being served, all in accordance with the applicable rules, regulations, and tariffs of the respective utility or utilities on file with the Commission. B. In the event any person owning, operating, leasing, occupying, or renting such property does not comply with the provisions of this Ordinance within the time provided for in the resolution enacted pursuant to this Ordinance, the City Administrator shall post written notice on the property being served and thirty days thereafter shall have the authority to order the Page 4 - COUNCIL BILL NO, ORDINANCE NO. 76 " ... 'T.... r' disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to such property. A decision by the City Administrator to order the disconnection and removal of overhead service shall be subject to appeal to the City Council by filing a written notice of appeal with the office of the City Administrator within ten days of the posting of such written notice, Section 10. ResDonslbllltv of Ci~. The City shall remove, at its own expense, all City-owned equipment from all poles required to be removed hereunder in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to this Ordinance. Section 11. Penalties. A. Abatement. Any use or structure established, operated, erected, moved, altered, enlarged, painted, or maintained contrary to this Ordinance is unlawful and a public nuisance, and may be abated. B. Civil Proceeding Initiated by City Attorney. The City Attorney, after obtaining authorization from the City Council, may initiate a civil proceeding on behalf of the City to enforce the provisions of this Ordinance, This civil proceeding may include, but is not limited to, injunction, mandamus, abatement, or other appropriate proceedings. C, Civil Infraction. In addition to, and not in lieu of any other enforcement mechanisms, a violation of any provision of this Ordinance constitutes a Class 1 Civil Infraction which shall be processed according to the procedures contained in the Woodburn Civil Infraction ordinance. D. Separate Infractions. Each violation of this Ordinance constitutes a separate Civil Infraction, and each day that a violation of this Ordinance is committed or permitted to continue shall constitute a separate Civil Infraction, E. Remedies - Cumulative, The remedies provided for in this Section are cumulative and not mutually exclusive. Section 12. Severablli~. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance, The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or phrases be declared invalid. Page 5 - COUNCIL BILL NO. ORDINANCE NO, 77 .. Approved as to form: City Attorney Date Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant City Recorder City of Woodburn, Oregon Page 6 - COUNCIL BILL NO. ORDINANCE NO, 78 ,. '''T~T ' ~.'."".. - ~ WOODBURN 1_'~"D'.lt~ 16" _ ~~llB . . February 26, 2007 TO: Honorable Mayor and City Council through City Administrator FROM: Ben Gillespie. Finance Director~ SUBJECT: Loan from the Water Construction Fund to the Sewer Construction Fund RECOMMENDATION: Council approve the attached resolution authorizing a loan from the Water Construction Fund to the Sewer Construction Fund, BACKGROUND: As budgeted, sewer reserves are insufficient to meet DEQ loan requirements. The loan documents require reserves equal to one half of the average annual debt service or $1,110,205. Current reserves total $881,835 ($292,125 in the Sewer Construction Fund and $589,710 in the Sewer SDC Fund), DISCUSSION: The City has begun a rate study that will provide the revenue necessary to cover the reserve requirements by the end of FY 2008. It would damage the City's bond rating and its ability to borrow future funds from DEQ, if, at the close of FY 2007, the reserves were not adequate. Staff proposes borrowing $232,000 from the Water Construction Fund to provide the necessary reserves. The money will be deposited in the Sewer Construction Fund, and will be repaid with interest from the increased rates, The loan will bear 6.25% interest and will have to be repaid within 15 months. The interest rate was chosen to be above what the City can earn on investments but below the rate at which the City could borrow this amount for 15 months. In this way both funds benefit compared to open market transactions. Agenda Item Review: City Administrato City Attorney 79 Honorable Mayor and City Council February 26, 2007 Page 2 . . FINANCIAL IMP ACT: The cost to the Sewer Construction Fund (and the revenue in the Water Construction Fund) will not exceed $18,125. 80 .' ",.,;, ............. . ...... I COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION AUTHORIZING AN INTER-FUND LOAN FROM THE WATER CONSTRUCTION FUND TO THE SEWER CONSTRUCTION FUND. WHEREAS, the City Council desires to provide interim financing to fUlly fund the Debt Service Reserve for the Sewer Construction Bonds; and WHEREAS, the interim financing will be repaid from increased user rates before the end of fiscal year 2008; and WHEREAS, a loan from the Water Construction Fund to the Sewer Construction Fund will provide the necessary funds; and WHEREAS, Oregon Revised Statute 294.460 authorizes inter-fund loans provided that the loan is repaid in full within five years of the date on which the loan is made; NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That an amount not to exceed $232,000 of Water Construction Fund monies shall be loaned to the Sewer Construction Fund. Section 2. That the City Council finds that the loan authorized by this resolution is necessary to provide interim financing to fully fund the Sewer Debt Service Reserve. Section 3. That said loan shall bear interest at an annual rate of 6.25%. Section 4. That the term of the loan shall not exceed fifteen (15 months). Approved as to form:COl.~ ~ City Attorney ~L2d/ loo~ Da e Page 1 - Council Bill No. Resolution No. 81 ,r' "..,.,..'" T ' Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ArrEST: Mary Tennant City Recorder City of Woodburn, Oregon Page 1 - Council Bill No. Resolution No. 82 .' .. ...,...~ ,., (-----\ J' ~~,' "'-'1ih~, '~-",'" ,A. , ~ WOODBVRN rt1(()rp(Jral.:J 188'/ 1J/iJ~_.J L lIe r~'~ . . February 26, 2007 TO: Honorable Mayor and City Council through City Administrator FROM: Scott D. Russell, Chief of Police V SUBJECT: Marion County Interagency Methamphetamine Strike Force Interagency Agreement RECOMMENDATION: It is recommended the City Council authorize the Chief of Police to sign the attached Interagency Agreement in order to provide a Meth Strike Force investigator. BACKGROUND: Methamphetamine abuse continues to be a causal factor of much of the crime occurring in our community. For more than five years the Woodburn City Council and the Woodburn Police Department have participated in programs, efforts, and events designed to prevent, reduce, and mitigate the effects of methamphetamine use in our community. In December of 2006, the Woodburn City Council authorized the acceptance of grant funds in order to assign an officer full time to the Marion County Methamphetamine Strike Force in order to take the fight against Methamphetamine to the wholesale dealers operating within our area. DISCUSSION: The District Attorney's Office, Sheriff's Office, and local police agencies have all worked together to coordinate our drug enforcement efforts with the new Meth Strike Force. The Strike Force is made up of a team of narcotics investigators that includes personnel from the Woodburn, Salem, and Keizer police departments, and the Marion County Sheriff's Office, and support from the Oregon State Police and the Oregon Department of Justice. The team is lead by a Lieutenant from the Sheriff's Office and a Deputy District Attorney. The team's objective will be to target middle level Meth dealers and drug trafficking organizations in Marion County. The attached Interagency Agreement was Agenda Item Review: City Administrato City Attorney Finance 83 .' "'" ........'.... 1"'-1 Honorable Mayor and City Council February 26, 2007 Page 2 . . prepared in order to provide a guideline for team operations, oversight, and responsibilities. All agencies have reviewed it and are ready to sign the current version. FINANCIAL IMPACT: Funding for the Meth Strike Force is currently addressed in the FY 2006-2007 Police Department budget. 84 .1' -"~-""'I INTERAGENCY AGREEMENT This Interagency Agreement, entered into pursuant to ORS Chapter 190, sets forth the agreement between the District Attorney (DA) for Marion County, the Board of Commissioners for Marion County, and each ofthe following law enforcement agencies within Marion County: Salem Police Department, Marion County Sheriff's Office, Keizer Police Department, Woodburn Police Department, Oregon State Police, Aumsville Police Department, Aurora Police Department, Gervais Police Department, Hubbard Police Department, Mt. Angel Police Department, Silverton Police Department, Stayton Police Department, and Turner Police Department regarding cooperative law enforcement activities in the fight against methamphetamine through the creation of the Marion County Methamphetamine Strike Force (Strike Force), During the tenure of the Strike Force, the following terms and conditions apply: I. Goals and Objectives The Strike Force's primary effort will be the investigation and prosecution of individuals and organizations involved in the distribution of methamphetamine in Marion County. The Strike Force's investigations will focus primarily on mid-level methamphetamine traffickers, while working in conjunction with the DEA Task Force, the Salem Police Department's Street Crimes Unit (SCU), the Marion County Sheriff's Office's Street Crimes Unit (SCU), the Keizer Police Department's Community Response Unit (CRU), the Woodburn Police Department's Street Crime's Unit (SCU), and with every other participating police agency. The Strike Force will operate as an 85 interagency team, staffed with at least one experienced narcotics detective from the following police agencies: Salem Police Department, Marion County Sheriffs Office, Keizer Police Department, and Woodburn Police Department C"staffing agencies"). In addition, and as required, all participating police agencies agree to work collaboratively with the Strike Force in their jurisdictions during every phase of investigations conducted by the Strike Force. Specifically, each participating agency agrees to provide personnel support whenever possible to the Strike Force. The Marion County District Attorney's Office will provide a full time prosecutor to the Strike Force. The prosecutor will advise the Strike Force on matters involving criminal law, and prosecute cases investigated by the Strike Force. State qualified criminal cases, including forfeitures, will be prosecuted by this prosecutor in state court; federal quality cases may also be prosecuted by this prosecutor in federal court, subject to approval by the United States Attorney's Office. The Strike Force's investigations will fill a void that currently exists in Marion County between Street Crimes Units and the DEA Task Force. While the Strike Force will centralize its efforts on mid-level methamphetamine traffickers, it is understood that those individuals who engage in the trafficking of methamphetamine often engage in the trafficking of other illicit substances, and the Strike Force may become involved in poly- drug investigations. The Strike Force will use information provided by the Street Crimes Units and participating agencies to develop informants, enlist cooperating defendants, and attempt at all times to identify and arrest the supplierCs) to the street level dealer. The DA's Office will aggressively prosecute every criminal case investigated by the Strike Force that it determines to be viable. 2 86 'Y' ...,.. w ,. , 2. Administration The Strike Force will be overseen by a Policy Board that is comprised of seven members: The Marion County District Attorney, Marion County Sheriff, City of Salem Police Chief, City of Keizer Police Chief, City of Woodburn Police Chief, or a representative of these officials designated by their agencies, business members Dave Hafner and Craig Christoff. Both business member representatives are to be appointed by the remaining members of the Policy Board. The Chair and lead agency for the Strike Force Policy Board will be the Marion County District Attorney. The Policy Board will maintain cooperation between participating agencies, oversee Strike Force policy and manage public relations of the Strike Force. The DA will regularly update the Policy Board on the Strike Force budget. The Policy Board will work collaboratively with the Marion County Public Safety Coordinating Council. The Policy Board shall convene at least once each quarter to review the Strike Force's activities and policies. Each member of the Policy Board shall have an equal vote in the conduct of its business. When a quorum of the Policy Board votes on any matter, except conflict resolution, the affirmative votes of a majority of the members present shall be required for passage. In an emergency situation, the Chair may conduct a conference call of board members to resolve an issue. The Policy Board will not be involved in the day to day operations of the Strike Force, except as necessary to resolve disputes brought to it by the Strike Force, its staffing agencies, or participating agencies. Representatives from participating agencies may attend regularly scheduled or emergency meetings, Minutes will be maintained for each Policy Board meeting, and will remain confidential to the full extent allowed under Oregon's Public Records laws. 3 87 .' ......,.....,...... ""'1 3. Supervision Overall direction of the Strike Force's operations, including the setting of investigative priorities and general operating procedures, shall be vested in the supervisor appointed by the Policy Board from one of the staffing agencies. That supervisor will deal with the day to day supervision and decision making of the team, working collaboratively with team members and other drug units in Marion County and elsewhere. Any personnel issues or issues related to internal affairs will be referred to the participant's staffing agency. It is expected that the appointed supervisor will provide input to the staffing agency for each participant for purposes of personnel evaluations to the extent allowed under the agency's collective bargaining agreements and personnel rules. Should issues arise regarding the day to day operation of the strike force, the supervisor should first attempt to resolve the issue with the assistance of the assigned prosecutor. Any issues that cannot be resolved should be referred to the Policy Board for resolution. If necessary, the Policy Board may convene an emergency meeting to deal with unresolved issues referred to it by the appointed supervisor or prosecutor. 4. Personnel The names of the detectives appointed to the Strike Force from the Salem Police Department, Marion County Sheriffs Office, Keizer Police Department, and Woodburn Police Department will be submitted to the Policy Board at its first meeting. Thereafter, all proposed changes in personnel will be submitted in writing to the Policy Board at least 30 days prior to the expected date of change. 4 88 5. Ae:encv Support It will be the responsibility of the staffing agency to provide all necessary equipment for its representative, unless equipment is provided with approval from the Policy Board by another funding source or agency. Necessary equipment will include: vehicle, tactical gear, investigative tools such as field test kits, etc. Other equipment, such as computers and surveillance equipment, will as much as possible be used or borrowed from existing supplies from participating agencies. In some instances, necessary equipment may be purchased with Strike Force operational cost funding. 6. Financine: Financing will be based on private donations, Emergency Board funding, and any other source agreed upon by the Policy Board, the participating agencies, and their governing bodies. Current funding of $400,000 is expected to fund the Strike Force through December, 2007. Based on the current funding level of $400,000, money shall be disbursed as follows: $60,000 to each of the staffing agencies (SPD, MCSO, KPD, WPD), $60,000 to the District Attorney, and $100,000 to the Strike Force for operational costs. The District Attorney or prosecutor assigned to the strike force will be the financial officer of the Strike Force, and will be responsible for overseeing the payment or reimbursement of operational costs. All contracts and payments shall be consistent with rules governing local contracting and purchasing. Overtime expenses will be paid by the staffing agency. The operational costs shall not be used to pay for training or travel; those expenses will 5 89 .. ......."...' .....1 be paid by the staffing or participating agency, in accordance with the participating or staffing agency's policy. 7. Forfeitures Activities of the Strike Force may result in the forfeiture of proceeds or instrumentalities of criminal conduct pursuant to state and federal civil and criminal forfeiture statutes. To the extent permitted by law, each staffing agency agrees to contribute its share of forfeiture proceeds received as a result of Strike Force activities to the Strike Force so that the proceeds can be used to pay operational costs and other costs as determined by the Policy Board. If forfeiture proceeds seized during Strike Force operations become available after the termination of the Strike Force, each staffing agency agrees to contribute its share of the forfeiture proceeds to the Marion County District Attorney's Office, who will distribute an equal portion ofthe forfeiture proceeds to the four staffing agencies (SPD, MCSO, KPD, WPD). 8. Duration This Agreement shall commence on the day and year it is executed by all participaging agencies, but not later than February 28,2007. It shall continue until December 31, 2007, unless funding is terminated or resources are depleted at an earlier date. Any staffing agency (SPD, MCSO, KPD, WPD) may withdraw from the Strike Force by written statement directed to the Chair of the Policy Board. Termination of the agency's participation shall take place automatically 30 days after receipt of such written notice, providing, however, that the agency has refunded the Strike Force pro rata any 6 90 ,,' ~.. 'T'~ ,.' funding provided to it based on the rate of $5454.55 per month. Any non-staffing participating agency may withdraw from this Memorandum and Agreement by written statement directed to the Chair of the Policy Board, and such termination will take place automatically upon receipt of written notice. This agreement may be renewed upon written agreement of participating agencies. 9. Conflict Resolution Procedures In the event of a conflict among the participating agencies as to any issue arising under this agreement, the participating agencies agree that such conflict shall be referred to the Policy Board for resolution and that a majority vote of the members of the Policy Board shall be determinative of the issue in conflict. If the Policy Board determines by majority vote that the conflict cannot be resolved, it shall be referred to the participating agencies and their governing boards. 10. Modification of Ae:reement The terms of this Agreement may be modified or amended at any time with express written approval of all participating agencies to this agreement. 11. Term of Ae:reement This Agreement contains all the terms and conditions agreed upon by the participating agencies. No other previous understanding, oral or written, regarding the subj ect matter of this Agreement shall be deemed to exist or to bind any of the parties. 7 91 .' - .'............ .....1 Upon signing, this Agreement will remain in effect until funding has been exhausted, discontinued, or until the Agreement is terminated by the participating agencies. 12. Indemnification Each participating agency shall be responsible for the acts of their respective employees under this Agreement. Each participating agency agrees to defend, indemnify, and hold harmless the other participating agencies, and the other participating agencies' officers, employees, and agents, against any and all claims, actions or suits which may arise out of an act of the participating agency, or that participating agency's respective officers, employees and agents, occurring in the course and scope of activities under this Agreement. This mutual right to indemnity is in addition to and not in lieu of any other right of contribution or indemnity which may exist in favor of any party under Oregon law. "Indemnify," as used herein, means to indemnify, defend, and save harmless. Gerald Moore, Chief Salem Police Department Date: Raul Ramirez, Sheriff Marion County Sheriffs Office Date: Marc Adams, Chief Keizer Police Department Date: Scott Russell, Chief Woodburn Police Department Date: 8 92 'Y' ~ ."T'"~ T ' Eric Davenport, Lieutenant Oregon State Police Date: Chris Conboy, Chief Aurora Police Department Date: David Dryden, Chief Hubbard Police Department Date: Rick Lewis, Chief Silverton Police Department Date: Gary Will, Jr., Chief Turner Police Department Date: 93 " Mike Andall, Chief Aumsville Police Department Date: Doug Boedigheimer, Chief Gervais Police Department Date: Brent Earhar, Chief Mt. Angel Police Department Date: Don Eubank, Chief Stayton Police Department Date: Walter Beglau, District Attorney Marion County District Attorney Date: 9 -...,.... T ' f'\ .'\ ~...~..'...'. r;r.. ,. WQODBURN r"C,1rpcra,.:J ISS;J 1J/4~_ ~ L 11D r~'~ . . February 26, 2007 TO: Honorable Mayor and City Council through City Administrator FROM: Scott D. Russell, Chief of pOlice~ SUBJECT: Position Upgrade: Evidence Technician RECOMMENDATION: It is recommended the City Council authorize the upgrade of the Evidence Technician position from part time (.75 FTE) to full time (l FTE). BACKGROUND: The collection, storage, and management of evidence collected in criminal investigations are critical to a proper prosecution and to support the entire criminal justice system, For many years, the Woodburn Police Department has employed a .75 FTE position to perform these functions. Evidence technicians handle all evidence recovered by police officers, assist in processing major crime scenes, document, log, and store evidence in a manner that maintains the proper chain of custody, Over the past few years, the amount of evidence that the department is mandated to recover, process, and retain has increased many fold. In order to accommodate this increase the department has enlisted the assistance of retired police officers and other volunteers as well as regularly utilized extra hours for the existing part time HE. DISCUSSION: The Police Department is requesting to bring the Evidence Technician position to full time status based upon the demonstrated need for additional evidence technician services. While the position has been regularly scheduled for six (6) hours, five (5) days a week, the demands of the position have led us to need to utilize this position an additional hour or two more nearly every day. The incumbent is a dedicated employee who works extremely hard and the inability to complete the work is based upon the quantity of work and not the quality of her efforts. The additional hours will also allow expanded hours to oversee the volunteers who assist with transport, data entry, and destruction of evidence. \ Agenda Item Review: City Administrator _ City Attorney Finance 94 l' -T~ 't ' Honorable Mayor and City Council February 26, 2007 Page 2 . . FINANCIAL IMPACT: Total annualized cost of the position upgrade is $13,144 or approx $1,095 per month. This cost is mitigated by the fact that the position is currently being funded except for the additional holiday, vacation, and sick accruals. The current part time position already has health insurance benefits provided, Funding for the position upgrade is available within the approved Police Department Budget for FY 2006-2007. 95 .' J<,'" ......' W ..... I ~~-*- ~ WOODBU~N 1'(c'I'~'dttJ 188f . lIE ~91env . February 26, 2007 TO: Honorable Mayor and City Council through City Administrator VIA: G. S. Tiwari, Public Works Director ~ FROM: Randy Scott, Senior Engineer Technicia~. SUBJECT: Acceptance of Public Rights of Way & Public utility Easement Brown Street RECOMMENDATION: It is being recommended that the City Council accept the attached Public Rights of Way as described on Attachment "A" and "B", and the Public Utility Easement as described on Attachment "C". BACKGROUND: Attachment "A"; The Public Right of Way being conveyed is 60 feet in width and is being provided for the extension of Brown Street from Comstock Avenue to the North line of the Boones Crossing Phase Two Subdivision. The Right of Way is being conveyed by PMFB LLC, in conjunction with the Boones Crossing Phase Two Subdivision. Attachment "B"; The Public Right of Way being conveyed is 21 feet in width and is being dedicated to provide a full 60 feet in width adjacent to the east boundary of the Boones Crossing Phase Two Subdivision. The Right of Way was purchased by the developer of Boones Crossing Subdivision and is being conveyed by Rose Marie Zelnka. The remaining 39 feet width, that completes the full 60 feet wide Right of Way, is being conveyed by the developer in conjunction with the platting of Boones Crossing Phase Two Subdivision. Attachment "C"; The Public Utility Easement being conveyed is 1 0 feet in width and adjacent to the west and east side of the Brown Street dedicated under Attachment 'A" above. The Public Easement is being conveyed by PMFB LLC, in conjunction with the Boones Crossing Phase Two Subdivision. Agenda Item Review: City Administrato _ City Attorney 96 .' _. ........."w, .,. I Mayor and City Council February 26, 2007 Page 2 . . DISCUSSION: Boones Crossing PUD was approved by the City Council on November 8, 1999 by Ordinance 2246. The approval consisted of certain conditions of approval for right of way dedications and improvements to Brown Street. The recommended action fulfills the developer's obligation for right of way acquisition for Brown Street other then portions a part of the subdivision. FINANCIAL IMPACT: There is no financial impact with the recommended action Included is a vicinity map Included as Attachment "A" is the properly signed Right of way Dedication and map Included as Attachment "B" is the properly signed Right of way Dedication and map Included as Attachment "c" is the properly signed Public utility Easement and map 97 ? ""r'." T' RIGHTIOF WAY DEDIC TION ~ ---- BOONES CROSSING PHASE TWO ---------.------ ,/~/. ! I '----I , , I ~ --- ----- , 1------------- i VICINITY MAP ". 98 'T' ~ ,. , WARRANTY DEED ATTACHMENT "A" GRANTOR, PMFB LLC, conveys and warrants to GRANTEE. CITY OF WOODBURN, a municipal corporation of the State of Oregon, the hereinafter described real property, free of encumbrances except as specifically set forth herein, situated in Marion County, Oregon. Consideration: The true and actual consideration for this transfer is $ N/A . Tax Statements: Until a change is requested, all tax statements shall be sent to the following address: City of Woodburn, 270 Montgomery Street, Woodburn, OR 97071. Person authorized to receive the instrument after recording: Mary Tennant, City Recorder, 270 Montgomery Street, Woodburn, OR 97071. The real property conveyed by this deed is legally described as follows: See Legal Description attached as Exhibit "A" and Exhibit Map "8" which is by this reference incorporated herein THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND WHICH LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES. DATED this 1 ~ day of 4~ljA.1- PMFB LLC , 20 0 (, BY: A-- MIChael J. Hanks Sole Managing Member -..... Warranly Deed Page 1 of 4 99 ",. '-"'r"'~ ,. , CORPORATE ACKNOWLEDGEMENT STATE OF OREGON, County of (ljJhM';II~roN) ss. A The foregoing instrument was acknowledged before me this 7 ~ day of ~tU II- 20~ by Michael J. Hanks, as Sole Managing Member of PMFB LC, 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. ~ OFFICiAl SEAL . ESTHER D. RUEHL . NOTARY PUBUC-{)REGON COMMISSION NO. 399983 MY COMMISSION c<rIRES NOV. 30, 2009 L~ fj-~ NOTARY PUBLIC FOR OREGON , My Commission Expires: /Vo';tr}/h~Y" 3~ UJO f PERSONAL ACKNOWLEDGEMENT STATE OF OREGON, County OfWmlt/NbnrJ) ss. The foregoing instrument was acknowledge day of , 20.J2.JL. by ~ OFFICW.. SEAL ESTHER D. RUEHL NOT MY PUBUCOREGON COMMISSION NO. 399963 MY COMMISSION EXPIRES Nov. 30. 2009 tt otfJ.;; kO. ~ N TARY PUBLIC FOR OREGON My Commission Expires: Nt) ~kl" ~q ~()O? Warranty Deed Page 2 of 4 100 ?' ... 'T"'" ,. , City of Woodburn 270 Montgomery Street Woodburn, OR 97071 (Grantee's Name and Address) Accepted on behalf of the City of Woodburn after authorization by its City Council on date on the condition that the interests conveyed herein are free and clear from taxes, liens, and encumbrances. City Recorder: Mary Tennant Warranty Deed Page 3 of 4 101 .. ....... .............. ~ I EXHIBIT A RIGHT-OF-WA Y DEDICA liON A tract or land located in the Southwest Onc-Quarter of Section 18, Township 5 South, Range I West, Willamelle Meridian. Marion County, Oregon and more particularly described as follows; Beginning at the northeast corner of Parcel I Partition Plat Number 2005-29 being a 5/X inch iron rod with an illegible yellow plastic cap; thence along the northerly line or said Partition Plat South X9052'.1]" West 39.01 feet 10 a point on the southerly line of Reel 1175. Page 611; thence North 0 I 003'10" West 68.45 ICd to a point; thence along a tangential curve to the right with a Radius of 2lW.00 fed. Length of 87.11 fed, Delta of 1 7049' 27", and a Chord of North 07051 . 34" East 86.75 !Cet to a point; thencc along a tangcntial curve to the left with a Radius or 220.00 feet, Length of 68.44 feet, Delta of 17049'27", and a Chord of North 07051 '34" East 68.16 fcet to a point; thence North 01003' 10" West 167.66 feet to a point on the southerly right-of-way of Bridlewood Lane; thence North 40002' 18" East 22.82 feet to the northeast corncr of Reel 1175, Page 611 ; thence along the easterly line of Reel 1175, Page 611 South 0 I oar I A" East 57.04 feet to the northwest corner of Reel 2329, Page 73; thence along the northerly line of Reel 2329, Page 7J South 89033'0)" East 57.33 to a point on the southerly right-of-way of Bridlcwood Lane; thence along a non-tangential curve to the !en with a Radius of 12.00 fect, Length of 19.16 feet, Delta of91 030'07", and a Chord of South 44041'54" Wcst 17.19 feet to a point; thence South 0 I 003' 10" East 114.32 feet to a point; thence along a tangential curve to the right with a Radius of 280.00 feet, Length of 87.11 feet, Delta 0 f 17049'27", and a Chord of South 07051'34" West 86.75 reet to a point; thence along a tangential curve to the lert with a Radius of 220.00 feet, Length of 68.44 feet, Delta of 17049'27", and a Chord of South 0705\ '34" West 68.16 feet to a point; thence South 01003 '\ 0" East 40.11 feet to a point on the southerly line of Reel 2329, Page 73; thence Jiang said southerly line North 89033 '03" West 21.0 I feet to the northwest corner of Reel 34, Page 582~ thence along the westerly line of Reel 34, Page 582 South 01003' 10" EJst 29.52 to the Point of Beginning. The above described tract of land contains 21,253 square feet, more or less. The Basis or Bearings is per Marion County Partition Plat Number 2005-29. 5" -, ra -0(", . ... ... ~ .."._r-..... REGISTERED ; PROFESSIONAL I LAND SURVe:V()~~ ~ .-.-_ .1 ;11! I r.~~€!~ om:: .(,,-=.io~": 9'~r 102 '9' ...........,....'...' .,. I -1''0-0,,:> ' S%(} <<'8<, ~ '/:::)1..... , '1;'00 S01'~~ _LAN~ 57.04' 589'33'03"[ 57.33' Sa9's2'33"W 39.01'/ POINT OF BEGINNING 5/8- IRON ROO W/IUIGIBLE YEllOW PlASllC W PARCEL 1 PAATrTlON PLAT NUMBER 2005 29 JOB NAME: BOONES CROSSING i.o <D ,..... <D ~ o t'") o o :z REEL 1175 PAGE 611 Cl L=87.11' 'in ""': ~ ~ <:) .... 13 .... ~ PREPARED FOR: SOONES CROSSING llC 14845 SW MUR~Y SCHOLLS DR, STE 110 BEAVERTON, OR 97007 EXHIBIT B RIGHT-OF-WAY DEDICATION A TRACT OF LAND LOCATED IN THE SW 1/4 OF SECTION 18, T5S, Rl W, W.M., MARION COUNlY, OREGON -H u... Vl C3 l=19.16' :; - \Q.- cc.,., N REGISTERED "1 ..,. PROFESSIONAL .... .... LAND SURVEYOR w . <:) .... /j //-.-. ;" p .... ~ REGON V MoT IS, %OQJ "ONTGO"ERY B. HURLEY REEL 2329 58s.42LS PAGE 73 RENEWAl DATE: 6 30 07 :rl "'!. .... N ~ ~ C4 L=87.11' ~ RADIUS LENGTH DElTA 280.00' 87.11' 1 T 49'2r 220.00' 68.44' 1 T 49'27- 12.00' 19.16' 91' 30'07- 280.00' 87.11' 1 749'2r 220.00' 68.<<' 1749'27- CURVE Cl C2 C3 C4 C5 CHORD NOT51'34-E 86.75' NOT51'34-E 68.16' S44'41'54-vi 17.19' S0751'34-vi 86.75' SOT51'34-vi 68.16' ~ l=68.44' 501'03'10-E 40.11 ' N89"33'03-vi 21.01' S01'03'10"[ 29.52' REEL 34 PAGE 582 ENGINEERING . PlANNING . SURVEYING . FORESTRY UCENSED IN OR & WA 13910 SW GN.BRfATH DR., SUITE 100 SHERWOOD, OR 97140 PHONE: (503) 925-8799 fAX: (503) 925-8969 JOB NUMBER: 1434 DRAWING NUMBER: EXHIBIT G DRAWN BY: MSK CHECKED BY: NSW 103 .. ...............1..... ...-. I ATTACHMENT "B" QUIT CLAIM DEED GRANTOR, ROSE MARIE ZELINKA conveys to GRANTEE, CITY OF WOODBURN. a municipal corporation of the State of Oregon, the hereinafter described easement, situated in Marion County, Oregon. Consideration: The true and actual consideration for this transfer is $2500.00. Tax Statements: Until a change is requested, all tax statements shall be sent to the following address: City of Woodburn, 270 Montgomery Street, Woodburn, OR 97071. Person authorized to receive the instrument after recording: Mary Tennant, City Recorder, 270 Montgomery Street, Woodburn, OR 97071. The easement conveyed by this deed is legally described as follows: See Legal Description attached as Exhibit "A" which is by this reference incorporated herein BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER CHAPTER 1, OREGON LAWS 2005 (BALLOT MEASURE 37 (2004)). THIS INSTRUMENT WILL NOT AllOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON lAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY. UNDER CHAPTER 1, OREGON LAWS 2005 (BALLOT MEASURE 37 (2004)). THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO lAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND WHICH LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN All ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY QUIt Claim Deed Page 1 of 3 104 .. _~I""""1 APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES. DATED this ..: ,I 1 day of )~,t I 20 ( ( k j' .j;)M< '7~a(^-Z 1 ",L lik,<> ROSE MARl ZELINKA ../ PERSONAL ACKNOWLEDGEMENT STATE OF OREGON, County of rL.... " UV\ ) ss. _OFFICIAL SE/\L ~,~ ,IONATHAN P SUSHIDA ~i .i NOTARY PUBLIC - OREGON .... . ..... COMMISSION NO. 370697 MY CQM!AISSION EXPIRES JUL. 21, 2007 1 - The foregoing instrument was acknowledged before me this ~ w} "" t I ~ 20 ~ by Rose Marie Zelinka -{~~,-, l . NOTARY P BLlC FOR OREGON My Commission Expires: 7/1) / C -:' day of City of Woodburn 270 Montgomery Street Woodburn, OR 97071 (Grantee's Name and Address) Accepted on behalf of the City of Woodburn after authorization by its City Council on date on the condition that the interests conveyed herein are free and clear from taxes, liens, and encumbrances. City Recorder: Mary Tennant QUit Claim Deed Page 2 of 3 105 EXHIBIT llA" Legal Description EXHIBIT A Right-of- Way Dedication Legal Description A tract of land located in the Southwest One-Quarter of Section 18, Township 5 South, Range 1 West, Willamette Meridian, Marion County, Oregon and more particularly described as follows; Beginning at the Northeast comer of Parcel 1 Partition Plat Number 2005-29 being a 5/8 inch iron rod with an illegible yellow plastic cap; thence along the easterly line of Reel 1175 Page 611 North 01003'10" West 29.52 feet to a point on the southerly line of Reel 2329 Page 73; thence along the said southerly line of Reel 2329 Page 73 South 89033'03" East 21.0 I feet to a point; thence along a line 21.00 feet easterly and parallel to the easterly line of said Reel 1175 Page 611 and said Parcel I South 0 I 003 'I 0" East 330.80 feet to a point on the northerly right-of-way of Brown Road; thence along the said northerly right-of-way of Brown Road South 89057'06" West 21.00 feet to the easterly line of said Parcel I from which a bent 1/2 inch iron pipe bears North 89057'06" East 0.79 feet; thence along the said easterly line of Parcell North 01003'10" West 301.46 feet to the Point of Beginning. The above described tract of land contains 6,949 square feet, more or less. The Basis of Bearings is per Marion County Partition Plat Number 2005-29. ~-1.:.:t.:<!.~ REGI;;H.llED "' PROFESSIONAL LA N 0 ~~~~ EYO ~.J )J,A . ~ [ErNfWAl OMLk.~.JE...:.o~J Quit Claim Deed Page 3 of 3 106 ?' '.". "'i .' ,.' EXHIBIT B MAP OF RIGHT -OF -WAY DEDICATION LOCATED IN THE SW 1/4 OF SECTION 18, T5S, R 1 W, W.M., MARION COUNTY, OREGON sa9' 33'03"[ 21.01' 589'57'06"\11 1/2" IRON ROO, BENT; 21.00' BEARS N89'57'06"E O. 79'~ SCALE 1" = 60 FEET 30' REEL 731 PAGE 98 ~ O~ ~~ REEL 1175 PAGE 611 NOr03'10'W 29.52' POINT OF BEGINNING ~i \ 5/8" IRON ROO W/ILLEGIBlf YELLOW PlASTIC CAP 1/2" IRON ROO; BEARS N89'S6'21"E 0.76' ""- ,I \ ~ ~ ~ ~ o ~ -,.., . o~ , ~ C;.n ZN PARCEL 1 PARTITION PLAT NUMBER 2005-29 PREPARED fOR: JOB NAME: BOONES CROSSING JOB NUMBER: 1434 DRAWlNG NUt.l8ER: EXHIBIT DRAWN BY: N CHECKED BY: M6H ENGINEERING . PlANNING . SURVEYING . FORESTRY UCENSED IN OR & WA 13910 SW GAlBREATH OR., SUITE 100 SHERWOOO, OR 97140 PHONE: (503) 925-8799 fAX: (50J) 925-8969 oksOoks-en .com BOONES CROSSING LlC 14845 SW UURRAY SCHOLlS OR, STE 110 BEAVERTON, OR 97007 .' REEL 2329 PAGE 73 j-...... 00 .n - REEL 34 PAGE 582 ~ ~ ~ o ~ ;.., p o Vl VOLUME 287 PAGE 444 I -y -(J~ REGISTERED PROFESSIONAL LAND SURVEYOR -21' RIGHT-OF-WAY DEDICATION AREA: 6,949 SQUARE fEET 107 *_J" ~~"41' 'T" I A TT ACHMENT "C" AFTER RECORDING RETURN TO: Woodburn City Recorder City of Woodburn 270 Montgomery Street Woodburn, OR 97071 CITY OF WOODBURN, OREGON PUBLIC UTILITY EASEMENTS (Permanent) PMFB LLC, 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 utilities on the following described land: See attached Exhibits "A" and "C" Legal Descriptions of Permanent Easements and attached Exhibits "B" and "0" Sketches for Legal Descriptions of Permanent Easements which are by this reference incorporated herein 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 N/A ($ N/A ), 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 15/ 108 ... ...... "....;.......... I DA TED this '7 (i day of iJu...,U/ ,,1- , 20 0 ~ , PMFB LLC BY: ~ MiChael J. Hanks Sole Managing Member CORPORATE ACKNOWLEDGEMENT . STATE OF OREGON, County of~ ss. ~ The foregoing instrument was acknowledged before me this 7tL day of 1uh.f- 2012J! by Michael J. Hanks, as Sole Managing Member of PMFB LLC, 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, I ~;.'" OP;:IClALSEAL ~' ~'; ESTHER D. RUEHL ',' NOTMY PUBUCOAEOON I COMMISSION NO. 399983 L MY COMMISSION r~(PIflES NaY. 30, 2009 ~~.~ N TARY PUBLIC FOR OREGON My Commission Expires: Na ~t.m~ ~ 0,2-00 i Public Utility Easements (Permanent) Page 2 of rJ7 109 " -T'.T' PERSONAL ACKNOWLEDGEMENT STATE OF OREGON, County OfWAtN./N,trJrJ) ss. Th~foregoing instrument was acknow~dg~d pefore me thi~ "let <!p ~p-:t1ttt ,201l1L by .l21IUJAtf- 1- ~lZi I ~ OFFICIAl SEAl. ESTHER O. RUEHL NOTARY PUBU~AEGON COMMISSION NO. 399983 MY COMMISSION EXPIRES NOV. 30. 2009 ttT1!:f ~.~ N TARY PUBLIC FOR OJV:ON My Commission Expires: 0 V t.-m bt-v.J ~J l-{) 0 '} City of Woodburn 270 Montgomery Street Woodburn, OR 97071 (Grantee's Name and Address) Accepted on behalf of the City of Woodburn after authorization by its City Council on date on the condition that the interests conveyed herein are free and clear from taxes, liens, and encumbrances. City Recorder: Mary Tennant Public Utility Easements (Permanent) Page 3 of 17 110 EXHIBIT A Public Utility Easement Legal Description ^ tmct of land located in the Southwest One-Quarter of Section 18, Township 5 South, Range I West, Willamelte Meridian, Marion County, Oregon and more particularly described as follows: Beginning at the northeast corner or Parcd 1 Partition Plat Numbcr 2005-29 being a 5/8 inch iron rod with an illegible yellow plastic cap; thence along the northerly line of said Partition Plat South R9052'JJ" West 39.01 feet to the True Point of Beginning; thcnce continuing along said northerly line South 89052'33" West 10.00 fed to a point; thence North 0 1003 '10" West 68.28 feet to a point; thence along a tangential curve to the right with a Radius or 290.00 feet, Length of90.22 feet, Delta of 17049'27", and a Chord of North 07051'34" East 89.85 feet to a point; thence along a tangential curve to the left with a Radius of 21 0.00 feet, Length of 65.33 feet, Delta of 17049'27", and a Chord of North 07051' 34" East 65.07 feet to a point; thence North 0 1003 '10" West 156.19 feet to a point on the southeasterly line of "Bridlewood Estates" Volume 43, Page 70; thence continuing along said southeasterly line North 40002' 18" East 15.21 fcet to a point; thcnce South 0 I 003 '10" East 167.66 feet to a point; thence along a tangential curve to the right with a Radius of 220.00 feet, Length of 68.44 feet, Delta of 17049'27", and a Chord of South 07051'34" West 68.16 feet to a point; thence along a tangential curve to the left with a Radius 01'280.00 feet, Length 01'87.11 feet, Delta of 17049'27", and a Chord of South 07051 '34" West 86.75 feet to a point; thence South 0 I 003' 10" East 68.45 feet to the True Point of Beginning. The above described tract of land contains 3,858 square feet, more or less. The Basis of Bcarings is pcr Marion County Partition Plat Number 2005-29. 5" - /1-oCc ~ - ".-.-.......... ..-......-,...----. l I~EGIS~~..REt') . PROFESSIONAL : LAND SURVEYOR; ..........._-~~.,. R~4+:-: .I..;LV I ~ 7'XJ I JAONTGOME;'Y B HJRl E', 5 42LS i ................., c. ; IlUI(WAt DATE f.o - ~ 0 ;- Q -7 .. 111 ~'~~ '~ LANE EXHIBIT B MAP OF PUBLIC UTILllY EASEMENT LOCATED IN THE SW 1/4 OF SECTION 18, T5S, R 1 W, W.M., MARION COUNTY, OREGON BRIDLEWOOD ESTATES VOLUME 43, PAGE 70 LOT 32 <0 (1) ~ --: r-.. 5 - (,\ - GL. <D to 111 -- - ~ REGISTERED F- a PROFESSIONAL -- 0 ;..., LAND SURVEYOR - t') p 0 -- a - (/) 0 :z 10' PUBUC UTlUlY EASEMENT REGON MY 'I. ZlIOI YONTGOWERY 80 HURlEY 58542LS RENEWAl DATE: 6 30 07 -H ~ trl C'i. 50' RIGHT-OF-WAY DEDlCATlON PER DOCUMENT NUMBER REEl 1175 PAGE 611 -- N ~ C7 L=65.33' CURVE TABlE RADIUS LENGTH DElTA 280.00' 87.11' 1T49'27- 220.00' 68.4-t' 1T49'27- 290.00' 90.22' 1T49'27- 210.00' 65.33' 1T49'27- -- -- ,....: 00 II ~ MfA 3,858 SF:t: CURVE Cl C2 C6 C7 CHORD SOT51'~"W 86.75' SOT51 , 34 "W 68.16' NOT51'~"E 89.85' NOT51'34 "E 65.07' REEL 2329 PAGE 73 C6 l=90.22' ~ ~ l8 ?E ~ o ~ -- ~ ~ ~ -- -- ~ SCALE 1" = 60 FEET REa 34 PAGE 582 a :z S890S2'33"W 10.00' TRUE POINT OF BEGINNING sa9'52'33"W 39.01' PAACEl 1 PAATmON PLAT NUt.4BER 2005- 29 PREPARED FOR: BOONES CROSSING lIC 14845 Sit MURRAY SCHaUS DR, STE 110 BfAVERTON, OR 97007 OINT OF BEGINNING 5/8- IRON ROD W/IUIGIBLE YEll.OW PlASTIC CAP ENGINEERING 0 PI.)NNING . SURVEYING . FORESTRY UCENSED IN OR '" WA 13910 Sit GALBRfATH OR.. SUITE 100 SHERWOOO. OR 97140 PHONE: (503) 925-8799 FAX: (503) 925-6969 JOB NAME: BOONES CROSSING JOB NUMBER: 1434 DRAWING NUMBER: EXHIBIT G DRAWN: MSK CHECKED BY: NSW 112 " ..' 'r" '.' 'r' EXHIBIT C Public Utility Easement Legal Description ^ tract of land located in the Southwest One-Quarter of Section 18, Township 5 South, Range I West, Willamette Meridian, Marion County, Oregon and more particularly described as follows: Beginning at the Northeast corner of Parcel I Partition Plat Numher 2005-29 heing a 5/8 inch iron rod with an illegible yellow plastic cap; thence along the easterly line of Reel 34 Page 582 North 0 I 003' I 0" West 29.52 feet to a point on the southerly line of Reel 2329 Page 73; thence along the said southerly line of Red 2329 Page 73 South 89033'03" East 21.0 I feet to the True Point of Beginning; thence North 0 1003 '10" West 40.11 feet to a point; thence along a tangential curve to the right with a Radius of220.00 feet, Length of 68.44 feet, Delta of 17049'27", and a Chord of North 07051' 34" East 68.16 feet to a point; thence along a tangential curve to the left with a Radius of 280.00 feet, Length of 87.11 feet, Delta of 17049'27", and a Chord of North 07051' 34" East 86.75 feet to a point; thence North 0 I 003' 10" West 114.32 feet to a point; thence along a tangential curve to the right with a Radius of 12.00 feet, Length of 19.16 feet, Delta of91 030'07", and a Chord of North 44041 '54" East 17.19 feet to a point on the southerly right-of-way of Bridlewood Lane; thence South 00026' 5 T' West 10.00 feet to a point; thence along a non-tangential curve to the left with a Radius of 2.00 feet, Lenwh of 3.19 feet, Delta of 91030'07", and a Chord of South 44041'53" West 2.87 feet to a point; thence South 01003 ') 0" East 114.32 feet to a point; thence along a tangential curve to the right wi th a Radius of 290.00 feet, Length of90.22 feet, Delta of 17049'27", and a Chord of South 07051 '34" West 89.85 feet to a point; thence along a tangential curve to the left with a Radius of 210.00 feet, Length of 65.33 feet, Delta of 17049'27", and a Chord of South 07051'34" 65.07 West feet to a point; thence South 01003'10" East 40.37 feet to a point on the southerly line of Reel 2329, Page 73; thence along said southerly line North 89033 '03" West 10.00 feet to the True Point of Beginning, The above described tract of land contains 3,213 square feet, more or less. The Basis of Bearings is per Marion County Partition Plat Number 2005-29. c;-,~-o~ --..........- -- REGISTERED . PROFESSIONAL I LAND SURVEYOR ( . o~ J'..h.V " r~J ~ MONTGOVi;AY g HJc1LE'! ~;I J..41u""..__./ l'VIE~~I.E~:~. ~~~-_v7- 113 '1" -""'1. ,. , ~,~~ EXHIBIT 0 BRIDLEWOOD ESTATES '~{> LANE MAP OF PUBLIC UTILITY EASEMENT VOLUME 43, PAGE 70 --- LOCATED IN THE SW 1/4 OF SECTION 18, T5S, R1 W, W.M., I C3 MARION COUNTY, OREGON IL=19.16' 5 -(~-O~ I I N REGISTERED ""! I v 8 PROFESSIONAL I ~ LAND SURVEYOR ~ L=JI9' I -+i ~ w " I '-"- 0 0 (/) ..- ..- I ,..., .,..., .,..., I LO P P N.. ..- ..- I ..- ~ ~ REEL 2329 I N I ~ PAGE 73 I ~:.- 10' PUBUC I ..- I UTIUTY I EASEMENT I C9 I I ~ L=90.22' REEL 1175 I ~ AREA: PAGE 611 I II I -I 3,213 Sf:f: CUlM: TABlE I ~ CURVE RADIUS lENGTH DELTA CHORD I C3 12.00' 19.16' 91'30'07" N44'41'54"E 17.19' f:.- I~ C4 280.00' 87.11' 17'49'27- N07'51'34-E 86.75' I~ C5 220.00' 68.44' 17'49'27- N0751' 34 -E 68.16' I~ 60' RIGHT-Of-WAY 10 C8 2.00' 3.19' 91'30'07- S44' 41'53"W 2.a7' DEDICATION PER I ...- C9 290.00' 90.22' 17' 49'27- S0751'34 "W 89.85' Ie DOCUMENT NUMBER I Cl0 210.00' 65,33' 17'49'27- S0751 '34"W 65.07' I I 89'33'03"W 10.00' TRUE POINT OF BEGINNING 589'33'03"E 21.01' 01'03' 10"W 29,52' REEL 34 PAGE 582 POINT OF BEGINNING ~ 5/8. IRON ROD W/Iu.EGIBLE YELLOW PlASTIC eN' PARCEl 1 PARTITION PLAT NUMBER 2005-29 PREPARED fOR: BOONES CROSSING l1C 14845 Sit I.4URRAY SCHOlLS OR, STE 110 BEAVERTON, OR 97007 SCALE 1" = 60 FEET JOB NAME: BOONES CROSSING JOB NUI.4BER: 1434 DRAWING NUI.4BER: EXHIBIT G DRAWN BY: I.4SK CHECKED BY: NSW ENGINEERING ' PlANNING ' SUrM:Y1NG ' fORESTRY UCENSED IN OR & WA 13910 SW GAlBRfATH DR., SUITE 1 00 SHERWOOO, OR 97140 PHONE: (503) 925-8799 F~: (503) 925-8969 114 .' '....,;. ...,......- ....' 1--\1 /\ ~~'~,~',"'.'.. ll! .' . . ..-... WOODBURN 1J/~~_1 ~ IIF r~(~ rl1l(lrp"rallJ 1Jj8~ . . February 26, 2007 TO: FROM: Honorable Mayor and City coun~ John C. Brown, City Administrator SUBJECT: Agreement with KJM for Construction Management Services RECOMMENDATION: It is recommended the City Council authorize the City Administrator to execute the attached addendum to the agreement for construction management services with KJM and Associates, Ltd. BACKGROUND: The City entered into an agreement with KJM and Associates (KJM) for construction management services for the Woodburn Police Facility in September 2005. Compensation under the agreement was $104,000 for an anticipated period of approximately 10 months of service. The builder, RB&G Construction LLC, (RB&G) was given notice to proceed at about the same time. RB&G was contractually responsible for completing the facility by August 18, 2006. DISCUSSION: RB&G missed the August, 2006 deadline; the project was not deemed substantially complete until December 22, 2006. In the meanwhile, KJM provided additional services to coordinate with the builder, its suppliers and subcontractors, the City and its architect, and other agencies, to move the project forward. KJM also provided 236 hours of service outside the scope of its agreement to assist the City with purchase of additional materials and contracts. These services are'detailed in KJM' s letter to City dated January 12, 2007 (attached). KJM is asking payment of $41,000 for additional time spent managing the project, due to construction delays and for services it provided outside the scope of the agreement. Because the City received significant benefit from Agenda Item Review: City Administrato _ City Attorney ~ Finane 115 ?' .< "'r'" .' l' ' Honorable Mayor and City Council February 26, 2007 Page 2 . . KJM's expertise in purchasing materials and contracts, and its work during the time it took RB&G Construction LLC to complete the building, and because project delays were through no fault of KJM, it appears appropriate to approve KJM's request for additional compensation. It should be noted that a similar request was made by the City's architect Group Mackenzie last year, and approved by City staff pursuant to authority granted when the architects' contract was executed. FINANCIAL IMPACT: The recommended action adds $41,000 to the cost of KJM's contract, which is accounted for in the Police Facility Construction Fund. Costs will be offset by decreases to the amount paid RB&G under its contract. RB&G will be assessed $65,000 in liquidated damages for project delays. That amount will be withheld from final payment and retainage. 116 .' .- .......,~' 1"" I PERSONAL SERVICES AGREEMENT CONTRACT ADMINISTRATION AND INSPECTION DURING CONSTRUCTION OF THE WOODBURN POLICE FACILITY ATTACHMENT It Page ---L- of (~ THIS AGREEMENT: is made and entered into as of the date first indicated on the signature page, by and between the City of Woodburn, an Oregon municipal corporation (hereinafter referred to as "CITY"), and KJM & Associates, Ltd., a Washington corporation (hereinafter referred to as "CONSUL T ANT"). WHEREAS, CITY needs certain professional consultant services; and WHEREAS, CITY wants to engage CONSULTANT to provide these services by reason of its qualifications and experience; and WHEREAS, CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein, NOW, THEREFORE, IT IS AGREED as follows: SECTION 1 - SCOPE OF SERVICES The Scope of Work to be performed by CONSULTANT under this Agreement is described in Exhibit A, which is attached to this Agreement. Additionally, CONSULTANT's proposal in response to CITY's RFP and the plans and specifications for construction of the Woodburn Police Facility are incorporated by reference and are a part of this Agreement as if fully set forth. SECTION 2 - DUTIES OF CONSULTANT A. CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONSULTANT under this Agreement. CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its work. B. CONSULTANT represents that it is qualified to furnish the services described in this Agreement. C. CONSULTANT shall be responsible for employing or engaging all persons necessary to perform its services. D. It is understood that Douglas C. Roberts, P.E., will be designated by CONSULTANT as the person providing services to CITY under this Agreement and that this designated person shall not be replaced without CITY's approval. PERSONAL SERVICES AGREEMENT PAGE 1 . 117 '" '~''T' ~. ,. , SECTION 3 - DunEs OF CITY ATTACHMENT to Page _2::_ of A. CITY shall provide CONSULTANT the pertinent information regarding CITY's requirements for the Project. ~. B. CITY shall examine documents submitted by CONSULTANT and shall render decisions promptly, to avoid unreasonable delay In the progress of CONSULTANT'S work. C. CITY certifies that sufficient funds are available and authorized for expenditure to finance costs of this Agreement. D. The contact person on the Project for CITY is designated as Scott Russell, Police Chief. CITY shall provide written notice to CONSULTANT if CITY changes its contact person. SECTION 4 - TERM The term of this Agreement shall be from its date of execution by both parties until the tasks required by the Agreement are completed and accepted, unless it is terminated earfier in accordance with its provisions. SECTION 5 - PAYMENT -!oil' Payment shall be made by CITY to CONSULTANT only for services rendered and upon submission of a payment request and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee not-to-exceed $104,000. Compensation shall be only for actual hours worked on the Project, at the rates specified in Exhibit B, and related direct expenses. CONSULTANT shall furnish with each bill for services an itemized statement showing the amount of services devoted to the Project by CONSULTANT as well as any agents or employees of CONSULTANT and any direct expenses. Section 6 - Termination Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason upon ten (10) days' written notice to CONSULTANT. CONSULTANT agrees to cease all'work under this Agreement upon receipt of said written notice. SECTION 7 - OWNERSHIP OF DOCUMENTS All documents prepared by CONSULTANT in the performance of this Agreement, although instruments of profeSSional service, are and shall be the property of CITY, whether the Project for which they are made is executed or not. PERSONAL SERVICES AGREEMENT PAGE 2 118 .J; ._. '"""'r""W' T- I ATTACHMENT It Page -2-.. of I 0 SeCTION 8 - CONFIDENTIALITY All reports and documents prepared by CONSULTANT in connection with the performance of this Agreement shall be considered as confidential by CONSULTANT until they are released by CITY to the public. CONSULTANT shall not make any such documents or information available to any individual or organization not employed by CONSULTANT or CITY without the written consent of CITY before any such release. SECTION 9 - INTEREST OF CONSULTANT CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement. SeCTION 10 - CONSULTANT'S STATUS It is expressly agreed that in the performance of the professional services required under this Agreement, CONSULTANT shall at all times be considered an independent contractor, under control of CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this Agreement. Section 11 -Indemnity CONSULTANT agrees to hold harmless and indemnify CITY, its officers and employees from and against any and all claims, loss, liability, damage, and expense arising from the negligent, or claimed negligent, performance of this Agreement by CONSULTANT, its officers or employees. CONSULTANT agrees to defend CITY, its officers or employees against any such c1aif't:ls. This provision does not apply to claims, loss, liability or damage or expense arising from the sole negligence, or willful misconduct, of CITY. , .. Section 12 - Insurance CONSULTANT shall provide and maintain: A. Commercial General Liability Insurance, occurrence form, with a limit of not less than $1,000,000 for each occurrence. B. Automobile Liability Insurance, occurrence form, with a limit of not less than $1,000,000.00 for each occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles. C. Workers Compensation in at least the minimum statutory limits. PERSONAL SERVICES AGREEMENT PAGE 3 119 ?' ... .".. ~ ,. , .. ,,.. ATTACHMENT It Page__L:L of 10 D. 2. Be primary with respect to any other insurance or self-insurance programs of CITY. 3. Be evidenced, prior to commencement of services, by properly executed policy endorsements in addition to a certificate of insurance provided to CITY ..",,,~ ' "t,... 4. No changes in insurance may be made without the written approval of CITY. SECTION 13 - NONASSIGNABIUTY ~ Both parities recognize that this Agreement is for the personal services of CONSULTANT and cannot be transferred. assigned, or subcontracted by CONSULTANT without the prior written consent of CITY. SECTION 14 - REUANCE UPON PROFESSIONAL SKILL OF CONSULTANT It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONSULTANT to do and perform the work in the most skillful manner, and CONSULTANT agrees to perform the work. The acceptance of CONSULTANT'S work by CITY does not operate as a release of CONSULTANT from said obligation. SECTION 15 - WAIVERS The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of same or of any other term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money, which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement of any applicable law or ordinance. SECTION 16 - STATE PUBUC CONTRACT PROVISIONS All requirements of ORS Chapters 279, 279A, 279B, and 279C including but not limited to the fallowing, as applicable, are incorporated herein by reference. PERSONAL SERVICES AGREEMENT PAGE 4 120 ?' H '''r''''' 'f' ~.~ C. ATTACHMENT ft page_2_ of ( 0 A. If Contractor fails, neglects or refuses to make prompt payment of any cla,im for labor or services furnished by any person in connection with this Contract as such claim becomes due, Agency may pay such claim to the person furnishing tRe labor or services and charge the amount of the payment against funds due or to become due Contractor by reason of the Contract. The payment of a claim in the manner authorized above shall not relieve the Contractor or its surety from its obligation with respect to any unpaid claims. .. B. Contractor and its subcontractors, if any, are subject to Oregon Workers' Compensation Law, which requires all employers that employ subject workers who work under this Contract in the State of Oregon to comply with ORS 656.017 and provide the required workers' compensation coverage, unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors, if any, complies with these requirements. D. Contractor shall, upon demand, furnish to the Agency, written proof of workers' compensation insurance coverage. Contractor is required to submit written notice tOJhe Agency thirty (30) days prior to cancellati~n of said coverage. ';;;;. -'.:',:'W' Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract. E. Contractor is engaged as an independent contractor and will be responsible for any federal or state taxes applicable to any payments made under this Contract. F. Contractor agrees and certifies that it Is a corporation in good standing and licensed to do business in the State of Oregon. Contractor agrees and certifies that it has complied and will continue to comply with all Oregon laws relating to the performance of Contractor's obligations under this Contract. H. Contractor shall: H.1 Make payment promptly, as due, to all persons supplying to the Contractor labor and material for the prosecution of the work provided for in the contract documents; H.2 Pay all contributions or amounts due to the State Accident Insurance Fund incurred in the performance of this Contract; H.3 Not permit any lien or claim to be filed or prosecuted against the Agency on account of any labor or material furnished; and H.4 Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. PERSONAl SERVICES AGREEMENT PAGE 5 121 ?' ............,-,....1*'-1 ATTACHMENT I ~ Page ~ of I. The Contractor shall promptly as due, make payment to any person, c0- partnership or association or corporation furnishing medical, surgical and hospital care or other needed care and attention, Incident to sickness or injury, to the employee of such Contractor, of all sums which the Contractor agrees to pay for such services and all moneys and sums which the Contractor collected or deducted from the wages of employees pursuant to any law, contract or Agreement for the purpose of providing or paying for such service. <l:, J. The CONTRACTOR shall pay employees for overtime work performed under the contract in accordance with ORS 653.010 to 653.261 and the Fair Labor Standards Act of 1938 (29USC201 et. seq.). K. An employer must give notic8 to employees who work on a contract for services in writing, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. L. Contractor will comply with 279.835 et seq. in the procurement of products and services from a nonprofit agency for disabled individuals. SECTION 17 - ATTORNEY FEES In the event a suit or action is instituted to enforce any right guaranteed pursuant to this Agreement, the prevailing party shall be entitled to, in addition to the statutory costs and disbursements, reasonable attorney fees to be fixed by the trial and appellate courts respectively. SECTION 18 - NoncEs JI" All notices heretJnder shall be given in writing and mailed, postage prepaid, addressed as follows: TO CITY: TO CONSULTANT: Scott Russell, Police Chief City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Karen Mask, President KJM & Associates, Ltd. 500 1 Oath Avenue NE, Suite 1000 Bellevue, W A 98004-5500 SECTION 19 - AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT This document represents the entire and integrated Agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral. PERSONAL SERVICES AGREEMENT PAGE 6 122 " ~" T" j' ATTACHMENT (t Page --l.. of I Cl This document may be amended only by written instrument, signed by both CITY and ' CONSULTANT "'. SECTION 20 - GOVERNING LAw This Agreement shall be governed by the laws of the State of Oregon. IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement the day and year written. CITY OF WOODBURN: KJM & ASSOCIATES, LTD.: B~ John C. Brown, City Administrator Date: ~/ /~.. ~.J rJ)PttdI ~ By: LJ9U/Ui; ]ft!f)61./. t.P"o Kcsl ~II Mas~, Presld~nt . Date: ~/ .;;~I o.!:' PERSONAl SERVICES AGREEMENT PAGE 7 123 , "~I ....... "T'" TI EXHIBIT "A". ATTACHMENT fi page.-L of 10 Scoq,ofWork The following are tasks that are anticipated to be performed by the construction manager. Task 1 - Pre-constructlon: The construction manager will become familiar with the plans and specifications for the project. Questions will be resolved with the project architect. The construction manager will attend the pre-construction conference conducted prior to the start of construction activity. The contractor will provide the construction manager work space on the construction site in accordance with the project specifications. The construction manager will provide appropriate computer equipment and will provide supplies for the construction manager's work space. Task 2 - Shop drawings, submittals and requests for information: The construction manager will process each piece of correspondence, submittal, shop drawing and request for information, and will maintain a log for each of these items. Each item will be identified and numbered. The logs will indicate status of review and response to eaoo item. ' Task 3 - Observation of progress: The construction manager will be responsible for the oversight of construction activities, including coordination of construction support activity .. "', and verification that the work is completed in general conformance with contract doc~ments and compliance with project schedules and budgets. The construction manager will monitor compliance through performance measurements, progress pay assessment, coordination and progress meetings. The construction manager will also monitor the contractor's progress of work and compare the progress of work against the contractor's baseline schedule. - Task 4 - Project meetings: The construction manager will conduct weekly progress meetings on site. The contractor's representatives, the architect and city representatives will attend as required. The meetings will provide a forum to review construction progress, methods and other related issues with the City and will also offer a forum to resolve issues regarding the progress of construction and performance of the contractor. The construction manager will prepare a combined agenda and minutes of the previous meeting for each meeting. Task 5 - Project records, reports and communications: The construction manager will maintain at the job site office orderly files of correspondence and field memoranda, reports of job conferences and meetings, shop drawings and samples, clarifications and interpretations of the contract documents, progress reports and other project related documents. PERSONAL SERVICES AGREEMENT PAGE 8 124 " -T~ T' i\TTACHMENT t\ Page _~ of ,0 The construction manager will process any required change orders and will review and approve contractor applications for payment. The construction manager will observe any major testing and review all applicable test reports. The contractor will be responsible for selecting, scheduling and paying for special inspection and other testing required by the specifications. The City will have the right to approve the selected special testing firm. The construction manager will report immediately to the City any observation or notification of the occurrence of any job site accidents. The construction manager will take photographs of the job site before the beginning of construction and maintain a photographic record of the construction progress. Task 6 - Final punch list: The construction manager will conduct a final compliance inspection with the contractor and prepare a final punch list of items to be corrected or completed. The construction manager will coordinate the com~etlon of as-built drawings for the project. The construction manager will also coordinate any system startup and training as required under the contract. Task 7 - Final project review and closeout: The construction manager will conduct a final review of the project with the City and observe that the items on the final punch list have been completed or corrected. The construction manager will provide to the City all project records, reports and communications that have been compiled during the project. Operations and maintenance manuals provided by the contractor will also be provided to the City. PERSONAl SERVICES AGREEMENT PAGE 9 125 ~. ,,, 'T'" ,.' Labor: EXHIBIT uB" ComDensation Rates KJM Senior Project Manager Project Manager Construction Manager Administrative Support Direct Expenses: Actual Cost plus 5%.. PERSONAL SERVICES AGREEMENT 126 '.If Per hour $96 $87 $76 $40 ATTACHMENT A Page -1Q.... of 10 ,H' ''''1P'''t... .,-- I "..,. PAGE 10 .~KJM ATTACHMENT r Page --1-_ of Program & Construction Management Services January 12, 2007 Mr. John Brown City Administrator City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Re: Request for Extra Personal Services Agreement Construction Administration and Inspection During Construction of the Woodburn Police Facility Mr. Brown, KJM & Associates respectfully requests an adjustment of the contract amount of our Personal Services Agreement (PSA) to $145,000, an increase of $41,000.00. This increase results primarily from: 1. Extra cost due to the extended construction time, and 2. Added Scope to assist the City with additional materials and contracts purchased directly by the City, outside the scope of the PSA and the General Contractor. We have reviewed our costs to date and this request allows for only $6,500 to finalize closeout which should be sufficient so long as the Contractor finishes the contract efficiently. The PSA is based on Time and Material so if we do not use all the time, the City does not get billed to the full limit of the PSA. The management of the additional City purchased materials and direct contracts added 236 hours or $24,700 and included assisting the City with: 1. Installation of Access Control and Security Systems (Entrance Controls). We assisted with the solicitation, selection and administration of this separate contract directly with the City to install the sophisticated door access control and video/audio security monitoring and recording systems. 2. Installation of low voltage wiring for phones and data (Technocom). We assisted with the solicitation, selection and administration of this separate contract directly with the City. 3. Installation of the Radio Tower (Legacy Wireless). We assisted with the solicitation, selection and administration of this separate contract directly with the City. 4. Selection of the Special Inspector (Mayes Testing). We assisted with the solicitation of this separate contract directly with the City. The observation and review of this work during construction is included in our original proposal and contract. However, our Scope did not include participating in the selection process. 5. Installation of lockers and rolling shelving for Evidence and Records (SpaceSaver). We assisted with the selection and coordination of the design and contractor's installation of this material purchased directly by the City. 6, Installation of modular furniture (Pacific Office Furnishings). We assisted with the coordination of the design and installation. 7, Selection and/or installation of other material purchased directly by the City and installed by the Contractor. 111 SW Columbia Street, Suite 830, Portland, OR 97201- tel: 503,225.1120 . fax: 503.224,3226 . www.kjmassoc.com ..... 127 ., ~........ .~" ..... I ATTACHMENT Page ..2.__ of D d- ~KJM Program & Construction Management Services The $16,300 balance of this request results from the extended time it took the Contractor to complete this building. 1. Our agreement with the City is based on our understanding of the project as described by our Proposal which, in turn, is in response to the City's direction contained in it's Request for Proposal for Construction Management Services (RFP). The PSA includes our Proposal to provide Construction Management Services for the New Police Facility and 911 Center (Proposal) in the definition of the Scope of Services (PSA, Section 1). 2. We included 9 months for construction time in our fee proposal, as directed by the RFP. a. Our Proposal clearly includes 9 months construction time with staffing at 4 hours per day and 5 days a week (page 10). This is in direct response to the instructions from the City in the RFP, which says, .Project Timelines: For cost proposal purposes there should be included estimates for one (1) month of pre- construction activity, nine (9) months of construction and one (1) month of punch list completion and project closeout." Our fee estimate included $9,065 per month during the 9 month construction period. 3. The Contractor was given Notice to Proceed on September 29, 2005 and received Substantial Completion on December 22, 2006, or an elapsed construction time of 14% months. 4. The project has taken 5Y:z months more than anticipated by the City in its RFP to complete the construction. 5. We are requesting to be paid for the equivalent of just over a month's extra work. We signed the City's Personal Services Agreement based on the Scope of Services that it contained. The Scope of Services includes our Proposal with our estimated labor costs. Our estimated labor costs were based on the project duration that was determined by the City in its RFP. We look forward to receiving the agreement modification at your earliest convenience. Should you have any questions, please give me a call. Respectfully, KJM & Associates 7)~ e, R~ Douglas C. Roberts Technical Manager 111 SW Columbia Street, Suite 830, Portland, OR 97201. tel: 503.225.1120 . fax: 503,224.3226 . www.kjmassoc.com ..... 128 ADDENDUM TO AGREEMENT BETWEEN CITY OF WOODBURN AND KJM AND ASSOCIATIES, LTD. THIS ADDENDUM TO AGREEMENT is entered into between the City of Woodburn, an Oregon municipal corporation, hereinafter referred to as "City," and KJM and Associates, Ltd., hereinafter referred to as "Contractor." RECITALS WHEREAS, City and Contractor previously executed a Personal Services Agreement effective September 13, 2005 (the "Existing Agreement"), a copy of which is affixed hereto as Attachment "A" and incorporated herein; and WHEREAS, in the Existing Agreement, Contractor agreed to provide Construction Management services related to the construction of the Woodburn Police Facility; and WHEREAS, City also executed a construction contract with the general contractor, RB&G Construction LLC., containing a project completion date of August 18,2006, and WHEREAS, RB&G Construction LLC. did not meet the August 18, 2006 project completion date and did not receive substantial completion until December 22, 2006; and WHEREAS, Contractor devoted a full and faithful effort to this project utilizing appropriate amounts of actual hours worked to satisfactorily discharge the duties contained in Existing Agreement; and WHEREAS, Contractor provided 236 hours of service outside the scope of the Existing Agreement with City, to assist with purchase of additional materials and contracts as detailed in Contractor's letter to City dated January 12, 2007 and incorporated herein as Attachment "B "to this Addendum; and WHEREAS, City has received significant additional benefit from the continued work of Contractor during the time it took RB&G Construction LLC to complete the building, and the delay in the project was through no fault of Contractor; and WHEREAS, City finds that it is necessary to increase the maximum fee payable to Contractor so that Contractor's additional hours can be fairly compensated; NOW, THEREFORE, City and Contractor agree as follows: Section 1. The Existing Agreement is hereby modified to add a new section, Section SA, Additional Consideration, as follows: KJM - ADDENDUM TO AGREEMENT PAGE 1 129 ", ... ...,.. ~, ,.' SA Additional Consideration. In addition to the consideration paid to Contractor under Section S, City shall pay additional consideration to Contractor not-to-exceed $41,000 for services provided by Contractor to City under this Agreement. With the exception of the modifications approved by the parties in this Addendum to Agreement, the Existing Agreement remains in full force and effect. KJM AND ASSOCIATES, LTD. CITY OF WOODBURN By: By: John C. Brown Title: Title: City Administrator Date: Date: KJM - ADDENDUM TO AGREEMENT PAGE 2 130 .' H"'~"" ,. I ~/~~~\ ~. ""',", ............,..' ., m:. ' WQODBVRN ,,,.. (l r" a r a,.: J 1 ~ 81./ IIG ~~ . . February 26, 2007 TO: FROM: Honorable Mayor and City coun~ John C. Brown, City Administrator SUBJECT: NORCOM Lease RECOMMENDATION: It is recommended the City Council authorize the City Administrator to execute the attached lease agreement with North Marion County Communications. BACKGROUND: North Marion County Communications (NORCOM) separated from the City and organized as an ORS 190 joint powers agency in 1995, to provide 9-1-1 dispatching for the Woodburn Police and other area agencies delivering public safety and emergency services. Prior to forming NORCOM, the City of Woodburn provided dispatch services for the Police Department, other police agencies, and area fire districts. NORCOM leased 1,200 square feet of space in the City Hall basement pursuant to an agreement with the City. The agreement was executed in 1996, renewed through 1999, and then converted to a month-to-month tenancy. The agency subsequently rented approximately 200 more square feet of space for storage. DISCUSSION: Space sufficient to support dispatch operations was included in the new police facility. NORCOM was requested and agreed to make use of that space and moved into the facility last month. With NORCOM occupying space in the new facility, it is appropriate to re-establish a space lease. The attached lease dedicates 1,750 square feet of space in the police facility to dispatch use, and allows NORCOM the use of other common areas in the building. It establishes a lease payment for the space; provides for an annual, CPI-based, increase of the lease; dictates how the space may be used by Agenda Item Review: City Administrato _ City Attorney Finance 131 Honorable Mayor and City Council February 26, 2007 Page 2 . . NORCOM; and the services to be provided by the City. The lease has a two- year term and can be renewed annually each year thereafter, with mutual agreement of the parties. Lease payments reflect the amortized construction cost of the building, and utilities, maintenance, and insurance, applied to NORCOM's share of total square footage. The amortized cost of the City's communications tower is also factored in the lease, and bases NORCOM's share on the number of its antennae mounted on the structure. A draft lease was reviewed and approved by NORCOM administrative staff. FINANCIAL IMPACT: Lease revenue for the remainder of 2007-08 will be $9,765. Annualized lease payments for the first year total $21,000. These monies are deposited in the General Fund, and will be used to offset the costs operation at the Police facility. 132 " -, '''r''''' T' LEASE AGREEMENT This Lease Agreement ("Lease") made and entered into this 2ih day of February 2007, by and between the City of Woodburn, an Oregon municipal corporation, herein referred to as "Landlord," and North Marion Communications (NORCOM), an intergovernmental entity created by intergovernmental agreement pursuant to ORS 190.010, herein referred to as "Tenant." WITNESSETH: In consideration of the rent hereinafter specified and the covenants, terms and conditions herein, the parties agree as follows: 1. PREMISES A. Landlord owns a building and an adjacent communications tower commonly known as "Woodburn Police Facility," located at 1060 Mt. Hood Avenue, Woodburn, Marion County, Oregon 97071. Landlord hereby leases and demises to Tenant, and Ten~nt hereby leases from Landlord on the terms and conditions hereinafter set forth, the following premises (the "Premises): i. office space within said building (the "Building") and currently consisting of approximately 1750 square feet as more particularly set forth in the attached Exhibit "A," and, ii. exclusive use of a portion of the Woodburn Police Facility Communications Tower (the "Tower") as more fully described in the attached Exhibit "B." B. Tenant accepts the Premises as is. 2. TERM OF LEASE The initial term of this Lease shall be for two years commencing on January 18, 2007 and ending January 17, 2009. Either party may terminate this Lease with or without cause and without penalty or liability to either party upon ninety (90) days written notice. 3. RENT A. Tenant shall pay rent of $1,750 per month, on or before the first day of each calendar month. Any rent which has been accrued but has not been paid shall be paid to Landlord upon the execution of this Lease. Page 1 - Building and Tower Lease 133 ". ....." T'....-' "r'1 B. Tenant may prepay all or any portion of the rent. If this Lease is terminated for any reason, Landlord shall immediately refund to Tenant any rent paid by Tenant but not yet earned by Landlord. 4. ESCALATION The base rent provided in Section 3 shall be increased or decreased in the month of January each year equal to the percentage change in the Consumer Price Index published by the United States Bureau of Labor Statistics of the United States Department of Labor. Comparisons shall be made using the index entitled U.S. City Average-All Items and Major Group Figures for All Urban Consumers, (1982-84 = 100), or the nearest comparable data on changes in the cost of living if such index is no longer published. The change shall be determined by comparison of the figure for October 2006, with that of October 2007. Any subsequent adjustment shall be based on a similar comparison of the figure for October of the current year, with that of October of the prior year. 5. USE OF PREMISES A. Permissible Uses. Tenant shall use the Premises for the operation of a 9- 1-1 emergency/dispatch center and related offices and for no other purpose without first obtaining the written consent of Landlord. Tenant shall not use or allow the Premises to be used for any unlawful, disreputable or hazardous purpose and shall observe and comply with all laws, rules and regulations of any municipal, county, state, federal or other public authority respecting the use of the Premises. B. Common Areas. Tenant shall have use of common areas within the Premises, as set forth in Exhibit A, limited to and in conformance with Landlord's written policies. Landlord, through the City Administrator, shall have final decision making authority in any dispute over the use of common areas between Tenant and Landlord. C. Construction. Tenant shall have the right to erect and maintain, at its own expense, a radio transmitting apparatus ("Antenna") on the Premises including the necessary cabling, transmitter, mast, bracing and other components related to radio transmission in accordance with the Premises diagram attached as Exhibit B. Tenant's placement plans and specifications shall be subject to Landlord approval. Tenant warrants that the construction and maintenance of the Antenna shall be at all times in compliance with applicable Federal, State, and local laws, rules, and regulations. D. Required Licenses. Tenant shall obtain, at their own expense, all permits and licenses required to operate an Antenna from all applicable government and/or regulatory entities. Page 2 - Building and Tower Lease 134 .' '...... ........ .... I E. Interference. Tenant shall not use the Premises in any way that interferes with the existing use of the Tower by Landlord, or with any use by another tenant which use existed at the time that this lease was executed. If it is determined that there is identifiable interference between Tenant's electronic equipment and the electronic equipment already permitted on the Tower by Landlord, Tenant shall be solely responsible for the timely resolution of all interference concerns that are directly attributable to Tenant's use. 6. UTILITIES Landlord shall pay for all heat, light, power, and other utilities used in the above- described Premises, excluding telephone services. 7. TENANT'S REPAIRS AND IMPROVEMENTS Tenant shall, at Tenant's expense during the term of the Lease, maintain and keep the Premises in good order, including all interior and exterior doors, replace all cracked or broken glass windows and doors of the Premises; repair all holes in the interior surface of the walls and floor of the premises caused by Tenant's act or omission; and repair any damage to portions of the building outside the Premises which is caused by Tenant's act or omission. Tenant further agrees to make no alterations, additions or improvements to or upon the Premises without obtaining the prior written approval of Landlord. Landlord shall not unreasonably withhold such approval. 8. LANDLORD'S MAINTENANCE OF PREMISES A. Landlord agrees to maintain during the term of this Lease the exterior walls, roof, and foundation of the building in which Premises are situated and the paved parking areas, paved street access, and to maintain in good order and repair the heating, interior wiring, exterior and interior plumbing and drain pipes to sewers or septic tanks. B. Tenant shall permit Landlord to use and maintain pipes, ducts and conduits in and through the Premises, and to erect the same, provided that Tenant's usable space is not unreasonably diminished and Tenant's use and enjoyment of the Premises is not unreasonably interfered with and that Landlord shall repair and refinish the affected areas after each such use by Landlord causing any damage thereto. C. landlord or Landlord's agents shall have the right to enter the Premises, at anytime and without notice, to access the Data Room or to examine the Premises and to make alterations, improvements, repairs or additions as are required, provided Tenant's use and enjoyment of the Premises is not unreasonably interfered with and that Landlord shall repair and refinish the Page 3 - Building and Tower lease 135 .,.' ., ''"r' ", ,. , affected areas and Landlord shall be allowed to take all materials into and upon the Premises as may be required for any such purposes without the same constituting an eviction of Tenant, in whole or in part. Landlord shall provide reasonable written notice of any need to conduct repairs or other work beyond normal maintenance and routine repairs. However, in the event that Tenant's business is unreasonably interfered with, Tenant may, at its option, seek to recover through reduction, offset, deduction or abatement the pro rata portion of monthly rent paid for the period directly associated with the period that Tenant is unable to conduct its normal business operations. D. Landlord shall furnish, at Landlord's sole expense, daily janitorial services each weekday and all janitorial supplies, required to maintain the Building in a neat, clean and sanitary condition for the operation of Tenant's business. E. Tenant shall, at its own expense, keep and maintain the Antenna and improvements now or hereafter located thereon in commercially reasonable condition and repair during the term of this Lease. 9. DAMAGES Tenant shall be responsible for the direct costs of all damages to the facilities/properties associated with Tenant's programs and activities, not including normal wear and tear. 10. LIENS Tenant shall not, by reason of Tenant's acts or omission, allow any lien of any kind, type or description to be placed or imposed upon the Premises, or any part thereof, or the real estate on which it stands. 11. INDEMNITY Tenant shall release, indemnify, defend, and hold harmless Landlord and its officers, agents, and employees from and against any and all liability, claims, costs, and expenses for any and all injuries, deaths, losses or damages suffered directly or from a third-party claim arising out of or relating to any act or omission of Tenant and Tenant's staff, agents, servants, employees, customers, visitors, or licensees on the Premises and any of the same arising from Tenant's construction of or transmissions from Tenant's Antenna. 12. LIABILITY INSURANCE Tenant shall procure and maintain in force, at its expense, during the term of this Lease public liability insurance with insurers and through brokers approved by Page 4 - Building and Tower Lease 136 9' ...*....,..., *, .,. I Landlord. Such coverage shall be adequate to protect against liability for all damage claims through public use of or arising out of accidents occurring in or around the premises and such liability insurance shall be provided in an amount at least equal to the liability limit for public bodies provided under the Oregon Tort Claims Act (ORS 30.260, et seQ.), as amended from time to time. 13. FIXTURES All partitions, plumbing, electrical wiring, and additions to or improvements upon said Premises, whether installed by Landlord or Tenant, shall be and become a part of the building as soon as installed and the property of Landlord, provided that Tenant may elect to remove any or all movable partitions paid for or otherwise owned by Tenant. All fixtures placed in or upon the Premises during the term of this Lease, other than Tenant's business fixtures, shall at Landlord's option, become the property of Landlord, with the exception of those fixtures where proprietary title is vested in either the federal, state or county government. Tenant shall have the right to remove any furniture, movable personal property and business fixtures used by Tenant in the conduct of business on the premises prior to the expiration or termination of this Lease. 14. DAMAGE BY FIRE OR CASUALTY In the event of the destruction of the building in which said leased Premises are located by fire or other casualty, either party hereto may terminate this Lease as of the date of said fire or casualty, provided, however, that in the event of damage to said building by fire or other casualty to the extent of sixty (60) percent or more of the sound value of said building, Landlord mayor may not elect to repair said building; written notice of said election shall be given to Tenant within fifteen (15) calendar days after the occurrence of said damage; if said notice is not so given, Landlord conclusively shall be deemed to have elected not to repair; in the event Landlord elects not to repair said building, then and in that event this Lease shall terminate with the date of said damage; but if the building in which said leased Premises are located be but partially destroyed and the damage so occasioned shall not amount to the extent indicated above, or if greater than said extent and Landlord elects to repair, as aforesaid, then Landlord shall repair said building with all convenient speed and shall have the right to take possession and occupy, the exclusion of Tenant, all or any part of said building in order to make the necessary repairs, and Tenant hereby agrees to vacate upon request, all or any part of said building in order to make the necessary repairs, and for the period of time between the day of such damage and until such repairs have been substantially completed, there shall be such an abatement of rent as the nature of the injury or damage and its interference with the occupancy of said leased Premises by said Tenant shall warrant, and if the period of time should exceed ninety (90) days, then Tenant may elect to terminate this Lease with written notice to Landlord, effective on the date of damage; however, if the Premises be but slightly injured and the damage so Page 5 - Building and Tower Lease 137 ,,' .+ '''r'.' ,.' occasioned shall not cause any material interference with the occupation of the Premises by Tenant, then there shall be no abatement of rent and Landlord shall repair said damage with all convenient speed. 15. WAIVER OF SUBROGATION Neither Landlord nor Tenant shall be liable to the other for loss arising out of damage to or destruction of the leased Premises, or the building or improvements of which the leased Premises are a part or with which they are connected, or the contents of any thereof, when such loss is caused by any of the perils which are or could be included within or insured against by a standard form of fire insurance with extended coverage, including sprinkler leakage insurance, if any. All such claims for any and all loss, however caused, hereby are waived. Such absence of liability shall exist whether or not the damage or destruction is caused by the negligence of either Landlord or Tenant or by any of their respective agents, servants or employees. It is the intention and agreement of Landlord and Tenant that the rent reserved by this Lease has been fixed in contemplation that each party shall fully provide its own insurance protection at its own expense, and that each party shall look to its respective insurance carrier for reimbursement of any such loss, and further, that the insurance carriers involved shall not be entitled to subrogation under any circumstances against any party to this Lease. Neither Landlord nor Tenant shall have any interest or claim in the other's insurance policy or policies, or the proceeds thereof, unless specifically covered therein as an also-named insured. 16. SURRENDER AT EXPIRATION At the expiration of said term or upon any sooner termination thereof, Tenant will quit and deliver up said leased Premises and all future erections or additions to or upon the same, broom-clean, to Landlord, peaceably, quietly, and in as good order and condition, reasonable use and wear thereof, damage by fire, unavoidable casualty and the elements alone excepted, as the same are now in or hereinafter may be put in by Landlord. Tenant shall remove, at its own expense, Tenant's Antenna and all other related equipment from the Tower and leave the Tower in a commercially reasonable condition. 17 . DEFAULTS BY TENANT Each of the following shall be deemed a default by Tenant and a breach of this Lease: A. Nonpayment of the whole or any portion of the rents herein reserved, or any other sum or sums of money due to Landlord from Tenant under the provisions hereof as and when due. Page 6 - Building and Tower Lease 138 .. .........,..........' .... I B. Nonperformance by Tenant of any other covenant or condition herein contained on the part of Tenant to be kept and performed. C. Abandonment of the Premises by Tenant. D. The adjudication of Tenant as bankrupt, the making by Tenant of a general assignment for the benefit of creditors, the taking by Tenant of the benefit of any insolvency act or law, receiver or trustee in bankruptcy. Within thirty (30) days after written notice from Landlord demanding performance by Tenant with respect to any such default, Landlord may declare a forfeiture of this Lease and reenter upon the premises and remove all persons therefrom, and in addition or in lieu thereof, Landlord may, at its option, pursue any other remedy provided by law or in equity for the enforcement of the Landlord's rights under the provisions of this Lease. 18. WAIVER No waiver by either party of any breach of any of the covenants or conditions herein contained to be performed by the other party shall be construed as a waiver of any succeeding breach of the same or any other covenant or condition. 19. ASSIGNMENT, SUBLEASE OR LICENSE Tenant shall not assign or sublease the Premises or any right or privilege connected therewith, or allow any other person except agents and employees of Tenant to occupy the Premises or any part thereof without first obtaining the written consent of Landlord. A consent by Landlord shall not be consent for a subsequent assignment, sublease, or occupation by other persons. An unauthorized assignment, sublease or license to occupy by Tenant shall be void and shall terminate the Lease at the option of Landlord. 20. HOLDING OVER In the event Tenant for any reason shall hold over after the expiration of this Lease, such holding over shall not be deemed to operate as a renewal or extension of this Lease, but shall only create a tenancy from month to month which may be terminated at will at any time by Landlord. 21. NOTICE All notices required by the terms of this Lease to be given by one party to the other, shall be sufficient if in writing contained in a sealed envelope, hand delivered to the other party or deposited in the U.S. mail, postage prepaid and, if intended for Landlord herein, then addressed to City Administrator, City of Woodburn, 270 Montgomery Street, Woodburn, Oregon 97071, and if Page 7 - Building and Tower Lease 139 .". .'. .,...~ ,..' intended for Tenant, then addressed to NORCOM Director, 1060 Mt. Hood Avenue, Woodburn, Oregon 97071. 22. LEASE RENEWAL Provided that Tenant is not in default under this Lease during the original term or any extension of this Lease, the parties shall have the option to extend this Lease for additional terms of one (1) year by Tenant providing City with ninety (90) days' prior written notice prior to completion of the Lease term. The extended term shall be on the same terms and conditions of this Lease except for the provisions regarding basic monthly rent. City shall have thirty (30) days after its receipt of Tenant's notice of extension to provide to Tenant a notice of its proposed increase in monthly rent. In the event Tenant agrees to said increase, the Lease shall be renewed for another one year term. In the event Tenant does not agree to said increase, this Lease shall terminate. This section shall not limit the ability of either party to terminate this Lease pursuant to Section 2 above. 23. AMENDMENT This Lease may be amended only upon written agreement signed by Landlord and Tenant, which shall be attached to this Lease as an addendum. In constructing this Agreement, it is understood that Landlord and Tenant may be more than one person; that if the context so requires, the singular pronoun shall be taken to mean and include the plural, the masculine, the feminine and the neuter, and that generally, all grammatical changes shall be made assumed and implied to make the provisions hereof apply equally to corporations and to individuals. IN WITNESS WHEREOF, the respective parties have executed this instrument in duplicate on the day of ,2007. LANDLORD: TENANT: By By: John C. Brown, City Administrator By: Mary Tennant, City Recorder Approved as to form: Approved as to form: By: By: Attorney for Landlord Jonathan Stuart Assistant City Attorney Attorney for Tenant Page 8 - Building and Tower Lease 140 .. ~.'" t~'-l' 't'1 ~ "C c: G) D) G) ..J ::E o u a: o z c( .. . .. if - :a :E )( w L '7 .. 141 ?' ',.. '. r' ~ .. en co ! CI: c o E E o u /' i\\ Ii 1 \,' ;/ I \ 1 I 1\\ I /"" \ ; / l/ .. '~ ,J---...-- .. Exhibit B 2.0 " . 5.lICI 0111 I - {21 :t Sl..... AmI w,1luol ....,_ "12/lCCDS . eG'11ll' 3Oll' ~ ! h ~ i i a i a .. ~l , ~ ~ ~ ~ ! (J , .il. i ~! ..,'~ '- :J .'2 ACClSS ttq'18Q' 3Oll' Y tGAd-OIl .... 1210CdSS UQ18lf JOl7 !Ql2HCc[ss'1~~ lQl2SAca:sS.270' J1,15' $qr BAS[ 2,25":l-1dl a ~.... 1.l5". IBO' !3oIt ""^jKlloo Jg~' EloIt a-c1. .' 142 - M. Z. .s " r_l 11 FW. HEIOKf S1II' lIQ.lS 2) AIIT1NNA fmlUNO IQI HIlll PCll.f J) tHIS lIlJICIf(U OESIllIl NIl. . N'I't.lCAII.f. 1lt[ RlUtIOII_ t'6IQI SHlMl 011 H fO..L.IM4G "AGE(S) oIUO waT 011 E.aID nt: IlIEQUllIDIElI1S r:I 1lt[ 2003 .._~ IIUlUlIIlO COIl[ ,)-~ _ QIST r:I 100 IIl't1. 4) 1lt[ lICIIOI'QL IIlAI 0f:$IGlIB) II ACCONlAIIC( -.nI E1A/!lA-m-f'. LEGACY WIRELESS SERVICES. INC. Sabre Woodburn, OR ~ 150,00 MONOPOLE :uy '''''-' ~ ~, ~~-:-+-~.;~'~ ~4 WQ..QDBlL~N I 1/ i ..: ~ }' ~ r II : r d I 8 ,1 9 13A ~~ . . February 26, 2007 TO: Honorable Mayor and City Council through City Administrator VIA: Jim Allen, Community Development Director<)rll FROM: Jason Richling, Associate Planner SUBJECT: Planning Commission's Approval of Subdivision 06-02, Variance 06- 15, Variance 06-16 and SWOD 06-02 located at 344 Hardcastle Avenue. RECOMMENDATION: No action is recommended. This item is placed before the City Council for information purposes in compliance with the Woodburn Development Ordinance. The City Council may call up this item for review if it desires. BACKGROUND: On February 8, 2007, the Planning Commission adopted a final order approving Subdivision 06-02, Variance 06-15, Variance 06-16 and SWOD 06-02 for preliminary approval to subdivide the property located at 344 Hardcastle Avenue into six (6) single-family residential lots, variance to orient the front lot line of Lots 3, 4 and 5 toward the shared access easement instead of Castle Court, variance to the boundary and connecting street improvement standard for Hardcastle Avenue, and Significant Wetlands Overlay District permit approval. The subject property can be identified specifically as Tax Lot #2400 on Marion County Assessor Map Township 5 South, Range 1 West, Section 7DD. The 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 site is 1.6 acres in area and is currently vacant. Properties to the north (across Hardcastle Avenue), west and southwest are zoned RS and designated Residential Less Than 12 Units Per Acre on the Comprehensive Plan Map. Properties to the east and southeast are zoned RS and Public and Semi-Public (P /SP), and designated Residential Less Than 12 Units Per Acre and Open Space and Parks on the Comprehensive Plan Map. The Agenda Item Review: City Administrator City Attorney_ 143 .' ",." ..............' 1" I Honorable Mayor and City Council February 26, 2007 Page 2 . . properties to the north, northeast, southwest and west are developed with single-family residential dwellings. The properties to the east and southeast are currently vacant. The applicant's submittal shows one significant tree, a 44-inch diameter Willamette Valley Ponderosa Pine (Pinus ponderosa), located on the northern portion of the subject site. The Woodburn Local Wetlands Inventory (LWI) shows significant wetland MC-3C located on the southeast portion of the subject property. According to Flood Insurance Rate Map (FIRM) 41047C0138G, the 1 OO-year and SOO-year FEMA floodplains for Mill Creek intersect the southeast portion of the subject site. On May 10, 2006 the Woodburn City Council adopted the Mill Creek Greenway Master Plan (Ordinance No. 2401). The Central Planning Unit of the Mill Creek Greenway Master Plan shows a proposed off-street path near the southeast corner of the subject property. The applicant has provided for access to the future greenway. The applicant is Tim Murphy and Gerard Stascausky C/o Welkin Engineering. The Property Owners are Tim Murphy and Gerard Stascausky. DISCUSSION: None. FINANCIAL IMPACT: There is no financial impact associated with the recommended action. 144 ". ~," ............. ,.. I CITY OF WOODBURN CITY COUNCIL SPEAKER CARD 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. NAME: ~,' m W h\',r f ADDRESS: I b ~ "Yf\ ~,~ ~ R. V fS-T~tf -< c AG~NDA DATE: ?:j J..Lf i./\ ~g~'M~,\~~snYb ~) VI 'f ,Z ~D f ~ r { Jt)f.:> Hl')r" \,' f S.-r <,;rt,':', So V\ I WQ<. ~ \J f~ K.Y" \ 1\1-, (\"\, AGENDA ITEM #: \A>~ -t., I \ rrl "l'!:~ Iii/I PHONE #. '-y) 'i ..- ') D .! ~' Lf ~ ''-I . " '- . I' . J".;, \Zv. h \)..1 '" C~ (j/ FOR OFFICE USE ONLY: Follow-up: 1 " re" f\K./'fV\ b \) ot, f j - t ~ i Y\ '~:;f:(,! oR \ ' f ,-r"f " - 1 1 r ~ CNl\-r~ ~ c.....r+ fr"' o../J.-L CITY OF WOODBURN CITY COUNCIL SPEAKER CARD 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. r. NAME: 5 6 \'\ \ ~ W f. ~i' l...~ \1fb 0 CA~,c)l( W ~ y AGENDA DATE: 6-.1 hb\ o'l , \1 COMMENTS: e V'J l\t~ & '4-60 G\ 7r b(Z , K'<\lW v...'rJo~ .}hfi.~+~(t ~-1-6-ti7, SH l () ~ r~, \. 1.-,"".,' ".,. W \"tI, ' , ,,~) <) ~ l' ~ ' ~"f ~~' ADDRESS: AGENDA ITEM #: FOR OFFICE USE ONLY: Follow-up: '.1' PHONE #: G 6(\ 'r \=; Rtr- ~ ~(ly\ 0\;' G\ G +h \ ~ ''l\M' w' i r "--,,,1: ot'~ CJl'f'6.) ~' I ~\~ \)J~ ;., '. "';'\!, "'", "., )}~ \J,"~lifr1} :h1 it>>. 'll it. ti ~r;""':jj '." '\;"'11;" r~'v\ < '", ..,..'\ \" ,.,+-f", U,\~\ I, t ".Q.. ..""4 <"" :")," jj ~"'i '''\f'' ., '..."", ... !f"', . ......'. . e; ", ',-. '"0 d o.~ '" i; "l"'<t-l,V'" " ,t, ..All 'w'- 1 fl r L." ~t- 1 ( / ! ~." .~,. '1' T'I CITY OF WOODBURN CITY COUNCIL SPEAKER CARD 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 ommencing this portion of the Council's agenda, Comment time may be limited bY_If!8~rogative- , . NAME":'~ ~ c, CA., Jl..Y---- PHONE #: ~> - l <t \ ~ U ( e ~ ADDRESS: \ L\ C.'l I Q ..-A--~~' \../00-1 AGENDA DATE: .:2 ~ ~" <c ~ 0 ~1 AGENDA ITEM #: yd, COMMENTS: r~ '\ 0t. '- L.,_ ~' '1-1.. l ''-<...-I..~,,-j (;Y, ""0 -(:3 A "73 ,1 i~/-2.'l, -- ~') ~ .-* 01. ~,.~-\ '- ,,./--Y-l--. '-'<:."_,L~---V-"--_../ FOR OFFICE USE ONLY: Follow-up: .' """""f' .,.. I '\ '.l ", r .... f,,' \.-..~'" I 1\,,-. ,,' . , ~ .~,' v. 1>'11 s. {c} f2 :.. -1-1 0. " d Arguments against Sr Est Sidewalk 2/26/2007 1, I want to Stop the short sidewalk from being installed on Country Club Road alongside 1400 Astor Way, owned by Sonja Westlund. The resident is a single woman, retired on a limited income. 2. About two years ago, the city polled Sr Estates about installing sidewalks & the idea was thoroughly rejected_ 3, Why have a one house deep sidewalk in an area that previously has rejected the idea? 4, This sidewalk section would be for only about 75-80 feet It would eliminate the shrubbery screen in place and bring pedestrians within 12 feet of the entire side of the house exposing the back patio and windows to public view, effectively eliminating the resident's privacy. 5, This sidewalk requires removing two mature trees and a rose garden. Yet, the city refuses to allow liquid amber trees in the neighborhood to be removed even though property damage & potential injuries are possible, while the City demands the removal of two trees the resident wishes to keep, 6. Once this sidewalk action is completed, this may open the rest of Sr Estates to mandatory sidewalks that the residents oppose. 7, Senior Estates Park is a half a block away on Country Club Road. I have heard that Drug activities & dealing have been observed & the sidewalk into Sr Estates would encourage more of this type of traffic. 8. Litter & trash are happening on a daily basis now and this sidewalk would bring additional traffic and littering. 9, Sr Estates does not have sidewalks now and walkers use the street Pedestrians would have to step into the street to continue their walk- same as now, I don't think it is safer as the current pedestrians can be clearly seen, but someone stepping off of a curb into the street would not be safer, 10, As an elderly single women living alone, I will be losing my peace of mind regarding my safety & security, 11, I feel that the installation of this sidewalk causing the loss of the lot size and the elimination of privacy would devalue my property, I object to this action by the City that is being called "betterment" when I am not benefiting,