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Agenda - 03/26/2007 CITY OF WOODBURN CITY COUNCIL AGENDA MARCH 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: A. A budget workshop to discuss baseline budgets and additional funds requests will be held April 7, 2007 at 8:30 a.m. in the Council Chambers. Appointments: None. 4. PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: A. Status Report: Downtown Plan Charrette- Jim Allen, Community Development Director B. Certificate of Appreciation - Ernestine Yoder 5. COMMITTEE REPORTS A. Chamber of Commerce 6. COMMUNICATIONS None. "Habra il1terpretes oisponibles para aquellas YJersonas que no bablal1 Inglesl previo acuer~o. Comuniquese al (503) 980-2.485:' March 26, 2007 Council Agenda Page i ,. 'WI' '.... .,. . I. , 7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council consideration not already scheduled on the agenda. 8. CONSENT AGENDA -Items listed on the consent agenda are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. A. Woodburn City Council minutes of March 12,2007, regular and 1 executive session Recommended Action: Approve the minutes. B. Woodburn Recreation and Parks Board draft minutes of March 9 13,2007 Recommended Action: Accept the draft minutes. C. Woodburn Planning Commission draft minutes of March 8, 2007 13 Recommended Action: Accept the draft minutes. D. Community Services Department Statistics February 2007 Recommended Action: Receive the report. 21 E. Police Department Statistics - February 2007 Recommended Action: Receive the report. 22 F. TOT Audit Report Recommended Action: Receive the report. 28 9. TABLED BUSINESS None. 10. PUBLIC HEARINGS None. 11. GENERAL BUSINESS -Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the City Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral prerogative. A. Council Bill 2659 - Resolution setting amount of the Parks and 36 Recreation Systems Development Charges under an existing methodology; establishing an alternative rate review fee; and setting an effective date for imposition of the fees and charges Recommended Action: Adopt the ordinance. March 26, 2007 Council Agenda Page ii "", '..,.,. . '''1 B. Council Bill 2660 - Resolution authorizing the Community 41 Services Department to apply for local government grants from the Oregon Parks and Recreation Department for the Mill Creek Greenway Phase One project and the Burlingham Park playground renovation and delegating authority to the Community Services Director to sign the application Recommended Action: Adopt the resolution. 'tklt I C. Council Bill ~ - Resolution of intent to improve Tout Street 45 between Settlemier Avenue and South Front Street, adopt the local improvement district, adopt the method of assessment, establish a public hearing date and direct the City Recorder to give notice. Recommended Action: Adopt the resolution. D. Acceptance of Public utility Easement, 1275 Fifth Street 60 Recommended Action: Accept the Public Utility Easement described on Attachment "A." E. Acceptance of Public Utility Easement, Between First & Second 66 Street Recommended Action: Accept the Public Utility Easement described on Attachment "A" and Attachment "B." F. Upgrade an Information Services (IS) Technician position to an 77 IS Specialist position Recommended Action: Approve upgrading the IS Technician position to an IS Specialist position. G. Administrator Pro Tem 79 Recommended Action: Appoint Community Development Director Jim Allen as Administrator Pro Tem for the period of March 27 through March 31, 2007. 12. NEW BUSINESS 13. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These are Planning Commission or Administrative Land Use actions that may be called up by the City Council. A. Planning Commission's Approval of Design Review 2006-18, 80 Conditional Use 2006-05 located at 948 N. Pacific Hwy. March 26, 2007 Council Agenda Page Hi . .' 9" .,,",.. ... II "1 14. CITY ADMINISTRATOR'S REPORT 15. MAYOR AND COUNCIL REPORTS 16. ADJOURNMENT March 26, 2007 Council Agenda . T' Page iv ". 9'" ~,,' .,.. II . I l~aDBURN ~~INTOWN P N UPD IE The City adopted.? downtown Wan in 1998. The Plan created a vision for downtown, and recommended actions to revita ZE'. thE'. ~r.ea. 1 ne plan was a good start, but too limited to create a healthy commercial and social City core. In 2001, the City Council adopted an urban renewal plap. to provide the funds needed to do an effective job of revitalizing downtown. The plan retains the original downtown vision, and provides $23 million over as many years for activities including street sidew~lk ~nd landscapin,g improvemf'.nts, commercial and residential rehabilitation programs, bu .. 'c a Woodburn voters approved the plan in 2002.I5OWDIownPlaza.;-u_u __the~i1}:'s firs1JJrban renewal project, was completed in 2005; Front Street reconstruction began in 2005, and Phase 1 was completed i~ 2006. The urban renewal plan was a "broad-brush" plan. The detail work, defining the precise nature and timing of programs and projects, is now underway. The City obtained a $105,000 grant from the State of Oregon to do that work, and is now updating the Woodburn Downtown Plan. The revised Downtown Plan is a comprehensive review of the Downtown on both sides of the railroad tracks, 'anrr-poTIlons of Front and Young streets. It will focus on traffic circulation, parkillbJ1Qusing, streetscape and design, and marketing, and jgentify the phySiCciTTmprovements and economIc. strategies neeaed to luake the study area a vibrant, invitiiig place for a mixrure of liSt;::. including retail, service, residential, and leisure uses. A multi-disciplinary team of architects, engineers, traffic and marketing experts, and public facilitators~1Jy-Seder ArchItects, PC, was selected to work on the Plan update. Among their prior accomplishments, Seder Architects successfully completed downtown revitalization plans for the cities of Pendleton, Canby, and Ashland. Seder developed preliminary suggestions for downtown improvements, and identified a number of opportunities for mixed use development. On March 21 and 22, 2007, Seder held two Community workshops at Lupita' s Restaurant, to obtain feedback from residents and businesses regarding the preliminary work, and concerning the future of the Downtown. The group will use that input to refine proposed plan amendments, and will conduct two more community workshops in April to allow additional opportunity for public input. A final draft is expected to be completed this summer, for the City Council's consideration in September. More information regarding the Woodburn Downtown Plan update can be obtained by calling, or visiting, the City's Community Development Department. The Department is located in Room #5 at 270 Montgomery Street and can be reached by calling (503) 982-5246. Your participation in determining downtown's future is encouraged. 1. To complete our deliverables for Charrette Workshop # 1, we will replace the indicated "slide show" in our contract, with individual images on a disk. This disk will include the flip charts indicating goals, opportunities, constraints, etc., as well as the overall map and analysis and the "before and after" sketch views. Disk will be provided to both you and the City. 2. Memo #1 will include all previous City and ODOT input and information, as well as information and results of Charrette Workshop #1. 3. Final Memo #2 will be economic analysis of existing uses and needs analysis. 4. Charrette Workshop #2 will be Wednesday and Thursday, April 25th and 26th. Hand-delivered fliers to all businesses along Young and core downtown (bilingual). Economist contacted downtown business last week as part of Charrette , " ......'...1 1" ~ .". I . . .. SA COUNCIL MEETING MINUTES March 12,2007 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MARCH 12,2007. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0010 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Community Development Director Allen, Public Works Manager Rohman, City Recorder Tennant 0055 ANNOUNCEMENTS. A) Community workshops to provide public input to the consultants for the update of the Woodburn Downtown Plan will be held at Lupita's Restaurant, 311 N Front Street, on the following dates and times: Wednesday, March 21,2007 between 11 :00 am and 2:00 pm, walking tour between 12:00 noon and 1:00 pm, and an evening session between 6:00 pm and 8: 00 pm Thursday, March 22,2007 between 11 :00 am and 2:00 pm, and a presentation from 6:00 pm until 8:00 pm B) Aquatic Center has reopened for public use after being closed for two weeks of maintenance. 0139 CHAMBER OF COMMERCE REPORT. Nick Harville, Chamber Executive Director, reminded the public that the Community Auction is scheduled for Saturday, March 17th, and tickets are available at the Chamber office. He stated that the Chamber has settled into their new downtown office and the meeting space above their office is closer to completion. He encouraged the public to stop by their office which is located on the comer of Lincoln and Front Street. Ylr. Harville distributed a copy of an advertisement that will appear in the Travel Portland book which is put in all hotel rooms in Portland and passed out at the convention center. Tn order to pay for the advertisement, the Chamber partnered with six (6) other partners including the Silverton Chamber of Commerce. It is anticipated that Woodburn will get Page 1 - Council Meeting Minutes, March 12, 2007 1 .' 'W'" ...1 .,. COUNCIL MEETING MINUTES March 12,2007 TAPE READING good exposure with this recent venture and another Chamber partnership will provide a travel advertisement within the Oregonian newspaper. On April 1, 2007, the Chamber will introduce their Workforce Development program which is close to completion by the University of Oregon Career & Information Systems. The program development costs are approximately $41,000 and grant funds will pay for a portion of the cost with licensing fees off of the software paying for the remainder of the program development costs. He stated that this program is very unique and there is no other community or region in Oregon that has this program. He anticipated that it will take the remainder of this calendar year to work with the businesses and the five local school districts to train them on how to use the software program. In regards to the Chamber's website, Evan Thomas is close to completing the new website and information will be brought current when the new website is in place. Councilor McCallum stated that Mr. Harville will be the Chamber Forum speaker on March 21,2007, 12:00 noon, at Wellspring and he will be providing more information to the attendees on the Workforce Development program. 0496 WOODBURN SCHOOL DISTRICT. Walt Blomberg, School Superintendent, stated that the State of Oregon is now apologizing for the problems associated with computerized state-wide testing since the company they were contracting with to do all of the on-line testing has decided not to adhere to their contract and tests will most likely be back to paper/pencil tests sometime this year. It is unknown yet as to what it will mean to students since the system had a multitude of problems and many students had become so frustrated that they did not complete the tests. In regards to the High School play "The Runaways", there are some legitimate concerns that the School District believes that they have addressed. Some language, and at least one situation in the play, were considered to be not appropriate and editing has been done some of which by the author. Parents of the participating students were the first to be exposed to the original contents of the play and, with issues being resolved, the play will be held on April 6 and 7, 2007. If anyone is interested in reading the play prior to the performance, copies are now available to the public. In regards to the Community Auction, he stated that the Woodburn FF A and Bulldog Foundation are partners with the Chamber on this fundraising event. He also stated that the School District continues to work on two curriculums: (1) Grade 6- 12 Science was put into place last year and now they are backfilling in Grade K-5; and (2) the Grade K-5 Language Arts is fairly solid and emphasis will now be in Grades 6-12. Councilor Lonergan congratulated the Boys High School Basketball team for going to the second round of playoffs. Page 2 - Council Meeting Minutes, March 12, 2007s2 . .' '..' '""I 1" . . , COUNCIL MEETING MINUTES March 12, 2007 TAPE READING 0852 CONSENT AGENDA. A) approve the regular and executive session Council minutes of February 26, 2007; B) approve the regular and executive session Special Council meeting minutes of March 6, 2007; C) accept the Recreation and Park Board draft minutes of February 28, 2007; D) receive the report on Claims for February 2007; E) receive the Planning Project Tracking Sheet dated March 8, 2007; and F) receive the Building Activity report for February 2007. MCCALLUMlNICHOLS... adopt the Consent Agenda as presented. The motion passed unanimously. 0925 COUNCIL BILL NO. 2655 - ORDINANCE PROVIDING A PROCESS FOR THE FORCED CONVERSION OF ELECTRIC AND COMMUNICATION FACILITIES UNDER THE AUTHORITY DELEGATED BY THE STATE OF OREGON. Mayor Figley stated that this bill had been first introduced and read at the last regular meeting, however, it did not receive a unanimous vote. She called for a second reading of the bill by title only since there were no objections from the Council. Councilor Cox reiterated his objection to the bill for all of the reasons he had stated in the previous meetings. He feels that it is a hidden tax and it should not be happening in an urban renewal project, but if it were to occur, then it should be voted on by the people. He had received several telephone calls over the last two weeks and every one of the individuals have expressed views similar to his. He feels that the Council is destroying their credibility with the public by moving forward with this type of action just because the Council thinks that they know best when it comes to spending the public's money. He also felt that there is a chance that this ordinance, if adopted, will be referred by petition to a vote of the people. He reiterated that passage of this ordinance will create ill-will with residents of the community. Councilor McCallum stated that he is concerned about comments from community members but he has also received telephone calls from constituents who are understanding of the proposal. Staff has made a commitment to look for grants or other funding sources to pay for the undergrounding costs rather than PGE going to the Public Utility Commission for a rate adjustment. As an elected official, he feels that he has an obligation to make a decision for his constituents based on comments made to him by his constituents. He hoped that staff would aggressively pursue all available funding sources. He also stated that he felt that the undergrounding of utility lines along North Front Street is needed for health and safety reasons. Mayor Figley stated that forced undergrounding cannot be done without more affinnative action other than passing this ordinance. This is only a tool that needs to be put into place even though it may not be necessary to use this tool if funding can be found elsewhere. Page 3 - Council Meeting Minutes, March 12, 2007 3 .' .l" '" COUNCIL MEETING MINUTES March 12,2007 TAPE READING On roll call vote for final passage, the bill passed 5-1 with Councilor Cox voting nay. Mayor Figley declared Council Bill No. 2655 duly passed. 1269 COUNCIL BILL NO. 2657 - ORDINANCE AODPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2006-07. Councilor Sifuentez introduced Council Bill No. 2657. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No.2657 duly passed with the emergency clause. 1345 COUNCIL BILL NO. 2658 - RESOLUTION ESTABLISHING EMPLOYEE COMPENSATION FOR THE PART-TIME HOURLY POSITION OF LIBRARIAL~. Council Bill No. 2658 was introduced by Councilor Sifuentez. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2658 duly passed. 1400 MEASURE 37 CLAIM NO. M372006-01. Councilor Cox stated that the claimant and his attorney are present at this meeting and, even though it is not a public hearing, he questioned if it would be out of order to allow the claimant's attorney to state his views. Attorney Shields stated that it is up to the Council, however, just prior to this meeting, he did receive a letter from the claimant's attorney. There was a time frame set for last Wednesday to receive written comments and, after a discussion with the City Administrator and checking on the mailed notice, the time frame was extended to the close of business last Friday. The letter he just received from Attorney Webb is late but he did not see why the Council would not want to consider the letter and, after reviewing the letter, then decide if they want to hear any testimony. He stated that Mr. Webb had informed him tonight that he had been gone from his office. BJELLANDILONERGAN... Council see the letter. The motion passed unanimously. The original letter dated March 12,2007 was provided to the City Recorder and copies of the letter were distributed to the Mayor and Council who then took a few minutes to review the contents of the letter. Councilor Cox questioned if this letter would be part of the record on this proceeding. Attorney Shields stated that letter is now a part of the record and, as stated in the staff report from City Administrator Brown, the background material in the agenda packet along with the entire application and supporting materials are on the City Recorder's desk are also part of the record. Councilor Cox felt that any comments to be made by Attorney Webb would most likely not change anything and Mr. Webb did state his position in the letter. Page 4 - Council Meeting Minutes, March 12, 2007 4 .~,......, ... COUNCIL MEETING MINUTES March 12,2007 TAPE READING Councilor Bjelland stated that the intent of the letter is to explain our position with regard to the findings of fact and whether or not the Council intends to impose any restrictions not allowed by Measure 37 upon the use of the property. In the Council's discussions, he felt that it has been made clear that in the Findings of Fact, the Council intends on allowing the applicant any use of the property allowed by Measure 37 but there are certain issues which are exempt from Measure 37. In his opinion, the Council will not impose restrictions that would be contrary to Measure 37 but there are issues which Measure 37 allows the City to do in reviewing any application for use of a property and the City intends on applying those provisions. Councilor Cox felt that the applicant is getting what he is asking for and it is impossible for the City to list every single ordinance that is being waived since there is no application for a specific use before the Council. All the Council can say is that if it is something that is allowed by Measure 37 then the Council is allowing it and, without a specific application before them, he did not feel that the Council could go much further. BJELLAND/COX... approve the attached Findings of Fact and Decision and authorize the Mayor to sign this document on behalf of the City in regard to the Measure 37 claim before the Council. The motion passed unanimously. 1920 CITY ADMINISTRATOR'S REPORT. City Administrator Brown stated that Attorney Shields and Community Development Director Allen would provide a brief update to the Council on the recent LCDC hearing. City Attorney Shields stated that he felt the letter from the Mayor had the most impact with LCDC and Commissioner Josi did agree with the City's position. However, LCDC did sustain the remand and even though the issue is on street standard and parking associated to the street standard, it does not necessarily mean that the City needs to change anything. For example, one commissioner made it clear that he wanted a better explanation. He also mentioned that the members spoke in general about the quality of the periodic review submission and how the issue before them was a small issue in relation to the large issues such as the urban growth boundary expansion. Community Development Director Allen stated that he has begun work with planning and engineering staff on options for the City to consider and he has a call in to LCDC on the process to follow on the remand. There is three month time frame to submit revised findings to LCDC and he will be taking concepts to the Planning Commission to reduce some of the parking area requirements when there is no on-street parking which is a concern voiced by LCDC. Staff may be submitting amendments to the Transportation Systems Plan and Woodburn Development Ordinance for Council consideration or there may be a number of findings to justify why no changes should be made to the existing documents. He reiterated that staff will be bringing something back for consideration, going through the public process, and ultimately for another decision to be made by the Council for submittal to LCDC on this remand, Page 5 - Council Meeting Minutes, March 12, 2007 5 '" l' COUNCIL MEETING MINUTES March 12, 2007 TAPE READING Councilor Cox questioned if there was a tour of our City by LCDC as previously planned, and if the LCDC decision was appealable. Attorney Shields stated that there was an informational presentation and a tour. In regards to the remand, he did not feel that, as a practical matter, it would be appealable since there is not an issue that could be raised. Councilor Bjelland questioned what effect the remand issue has on the final determination. Director Allen stated that everything is final, however, the 60-day time period to appeal the LCDC decision made in January 2007 is still open. He also stated that the LCDC concern was with what they perceived as an excess in the number of parking requirements and costs associated with the extra width. The City does have the opportunity to adopt more options but the City will need to justify the options if they are not narrower streets and less parking. Attorney Shields stated that many local governments had previously testified against a 28- foot safe harbor width because it would then become the standard so LCDC had decided not to establish a safe harbor standard. However, LCDC does have some discretion under their rule to make a judgment call. Their Transportation planner had stated that he had applied a safe harbor of 28-feet even though the Commission had decided that there was no safe harbor. Director Allen clarified that the 28-foot street width would apply to a local street in a residential area that would allow on-street parking on both sides of the street. Within our current City standards, the adopted street width for on-street parking on both sides of the street is 34- feet. Councilor Bjelland expressed concern that LCDC is misunderstanding the concept of safe harbor. It is not meant to set any standard but only be a secure legal position that cities can use. 3023 Administrator Brown also mentioned that a personnel item needed to be added to the Executive Session. 3045 MAYOR AND COUNCIL REPORTS. Councilor McCallum reminded the public that the Mayor's Prayer Breakfast will be held on Friday, March 16th, 6:30 am to 8:00 am, at the United Methodist Church. Councilor Bjelland stated that the Community Development Partnership Board of Directors meeting will be held on Wednesday and on it was a list of the projects being submitted for economic development grants. He noticed that Woodburn had 3 projects on the list one being for planning for urban renewal, a $4 million application for a widening improvement on Front Street, and a $600,000 grant application for the Association Building. 3335 Councilor Sifuentez stated that 4,500 lbs of food was collected at MacLaren for the Governor's Food Drive ($735.00) which will be given to the AWARE Food Bank. She Page 6 - Council Meeting Minutes, March 12, 2007 6 .' ...,., ;,.., 1'" COUNCIL MEETING MINUTES March 12, 2007 TAPE READING thanked everyone who helped to make this contribution possible. She also stated that the Dial-a-Ride program does make a big difference to our senior community for getting them to appointments and she expressed her appreciation to the Transit staff for the work they are doing to help these individuals. 3400 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn into executive session under the authority ofORS 192.660(1)(h), ORS I 92.660(1)(f), and ORS 192.660(1)(d). NICHOLSILONERGAN.... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 7:54 p.m. and reconvened at 8:25 p.m.. 3422 Mayor Figley stated that no action was taken by the Council while in executive session.. 3440 ADJOURNMENT. NICHOLSIMCCALLUM.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:26 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 7 - Council Meeting Minutes, March 12,2007 7 , .' ..', ,0>1 'f" Executive Session COUNCIL MEETING MINUTES March 12, 2007 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MARCH 12, 2007. CONVENED. The Council met in executive session at 7:56 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; (B) ORS 192.660(1)(0 - To consider records that are exempt by law from public inspection; and ( C) ORS 192.660(1)(d) - To conduct deliberations with persons designated by the governing body to carryon labor negotiations. ADJOURNMENT. The executive session adjourned at 8:24 p.m.. APPROVED KATHRYN PIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page I - Executive Session, Council Meeting Minutes, March 12,2007 8 T' .." '.', '" Minutes Woodburn Recreation and Parks Board Tuesday, March 13,2007 7:00 p.m. ~ DRAFT 8B 1 . Call to Order Since there was no quorum, this meeting was open to the public, but not televised. The meeting and was called to order at 7:00 pm. 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 Absent Absent Present Vacant Staff present: Jim Row, Community Services Director; Steve Patterson, Recreation Services Manager; Debbie Wadliegh, Aquatics Manager, Paulette Zastoupil, A.A. 3. Approval of Minutes from February 13, 2006. Approval of Minutes from work shop February 28, 2007 No quorum. Minutes will be held until April 10, 2007 4. Business from the Audience No business from audience. 5. Annual Board Workshop The Board reviewed the minutes from the February 28, 2007 meeting and discussed the following points: . General - The City Council is meeting with department heads as the second step in their annual goal setting process on March 24, 2007. Jim explained that this is where he would discuss the Park Board's project priority list, which will assist in the development of the 6-year CIP. Discussion on Project RFP procedures for the CIP projects and Jim explained the process of seeking proposals, evaluating, scoring, review committee and signing a final contract. . SDC Methodology Update - Jim gave an update on some of the proposed SDC legislation. Jim shared a listing of SDCs from other agencies, which showed that Woodburn's is amongst the lowest in the State. . Mill Creek Greenway - Discussion on the cost of Mill Creek Greenway cost estimates, featuring a 10 foot wide path versus a 12 foot wide path. Decision would take place at a future meeting before a final plan is made. Page 1 9 .' I. ""'W'" '.., ,. ~ " I Minutes Woodburn Recreation and Parks Board Tuesday, March 13,2007 7:00 p.m. . Playground Replacement - The Board felt the Playground replacement projects could be parcially funded by Woodburn civic organizations and with fundraising activities. The Board felt that they need to revisit the playground replacement list in a future meeting. . Aquatic Center Expansion/ Community Center - The Board discussed the possibility of checking with Community Development what the land use rules were to the Aquatic Center property. Discussion on developing a larger expansion with second and third floors, rather than buying more property. Discussion of whether a community center was actually needed now that Silverton Hospital built the Well Springs Center. Jim is working with MIG to revise and update the Legion Park Master Plan to include the placement of a community center and relocation of the soccer field. He expects the updated plan will be ready for the public meeting in mid to late April. . Centennial Park Phase IV - There was discussion on the 4th field and the use of SDC's to finish the project. Jim explained that he would need to get a total of SDCs already expended on this project to determine if further expenditures can be justified. The Board mentioned that although this project ranked relatively low on their priority list, they felt this could be one of the first projects to be completed if funding opportunities presented themselves. Jim mentioned that the Woodburn Youth Ball Association is very motivated to complete this project and has expressed a willingness to assist the department in writing grants. · Marketing - There was discussion about the need to better market parks and recreation programs and facilities and there was consensus on the need to update the City's website and to work on a marketing plan. 6. Project Priorities The Board reviewed the project priorities and no changes were made. They would like to re-visit this in a future meeting. 7. Project Progress Tracking The Board discussed the need to develop a system for tracking the progress of the many projects the department is working on. 8. Skate Park Issues Discussion on the need to post a sign at the skate park designating skate times for younger children. The Board agreed that a sign designating times that the skatepark will only be open for youth aged 10 years and under should Page 2 10 . .' "11M' ..... .. " I Minutes Woodburn Recreation and Parks Board Tuesday, March 13, 2007 7:00 p.m. be posted. The timeframe discussed was Mon, Wed, Fri and Sat from 9:30- 11 :30 am. 9. Division Reports Recreation - Steve Patterson Steve reported that he was seeking a young adult to provide skate board lessons this summer programming at the skate park. He is also actively seeking performers and entertainment for the Downtown Plaza. He reported that Mayor Figley is actively seeking Woodburn Community Foundation Board Members. He shared that we continue to make progress with the dugouts at Centennial Park's third ball field. Steve reported that the KaBoom! grant has been submitted, and that he has prepared a letter of inquiry to the Burlingham Trust. Aquatics - Debbie Wadleigh Debbie reported that she is writing a Proclamation for the Mayor to sign, stating that May is Aquatic's Month. Activities for the month will focus on water safety. Debbie shared a related brochure that she brought back from the National Aquatics Conference. She is also creating a "water watchers" program, which will designate parents and spectators to observe participants in the water, in attempt to increase safety. The water watchers will be easily identified by a special identification badge. Debbie also reported the facility closure tasks, other than the re-plastering, were completed and they were able to open one week earlier than scheduled. Debbie gave a big thank you to Woodburn Together for giving a total of 404 fourth graders the opportunity to get more comfortable in the water while improving their swimming skills this school year. Parks and Facilities - Jim Row Jim reported that the paleoarchaeology dig would possibly begin again in July and August at Legion Park. He stated that he was seeking to retrieve some of the previously excavated material for display at the Library. 9. Future Board Business Project Priority List 10. Board Comments 11. The Board discussed how important it was to have a fully appointed Board. They also discussed ways in which they could in the search for potential members and felt that is was important to specifically seek out Latino and senior representatives. 12. Adjournment 9:25 p.m. Page 3 11 , '" ....,.' -,., 1'" " ' I Minutes Woodburn Recreation and Parks Board Tuesday, March 13, 2007 7:00 p.m. Rosetta Wangerin, Board Secretary Date Page 4 , .' Paulette Zastoupil, Recording Secretary Date 12 """ ..........., ,.. 8e WOODBURN PLANNING COMMISSION MEETING MINUTES March 8, 2007 CONVENED The Planning Commission met in a regular session at 7:00 p.m. in City Hall Council Chambers with Chairperson Lima presiding. *"" Commissioner Jenninqs led the salute to the flag. Chairperson Lima questioned members of the Planning Commis31on having potential conflicts such as family, financial, or business relationship with any of the' applicants or with regard to the project in question. If such a potential conflict exists, he aske~:rwhether the commissioner in question believes he or she is without actual bias or whether he or she Would like to step down from the Planning Commission during the case. ' ' /' ~'V ,,. Chairperson Lima announced: agenda is available at the back of the/9?bm. We will consider cases one at a time according to the order listed in the agenda.. W~will follow the hearing procedure outlined on the public hearing procedure board. Altpersons wishing to speak are requested to come to the podium and give their name and addreS$.~ ~jndividuals speaking from other than the podium will not be recognized. ''':!1h., ROLL CALL Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Lima Bandelow GrosJacques Vancil Grigorieff Hutchison Jennings p P P P p P P Staff Present: Jim Allen - Community Development Director Breah Pike-Salas - Associate Planner Marta Carrillo - Administrative Assistant MINUTES A. Woodburn Plannina Commission MeetinQ Minutes of February 8.2007. Commissioner GrosJacaues moved to accept the minutes. Commissioner Jenninqs seconded the motion, which unanimously carried. BUSINESS FROM THE AUDIENCE None. COMMUNICATIONS A. Woodburn City Council Meeting Minutes of January 8,2007. No comments made. Planning Commission Meeting March 8, 2007 Page 1 of 8 13 , '" ..,. ,'" ,... PUBLIC HEARING Chairperson Lima asked the Planning Commission if there are any exparte cohtacts, conflicts, challenges or declarations. A. Design Review 2006-18 and Conditional Use 2006-05, Goodwill Industries. C/O Deffenbaugh & Associates, PC, applicant. The applicant requests Conditional use and Design Review (Type III) approval to construct a 21,798 sq uare foot used merchandise retail and donation facility on a 197,875 square foot parcel located at 948 N. Pacific Highway (State Highway 99E) in the Commercial General (CG) zone. Associate Planner Pike-Salas read the appropriate ORS and prgceeded with the Staff Report. ;" :/I~ STAFF REPORT ;!1-~ ;..,.... J}; ~;':" Goodwill Industries is requesting Conditional Use and Design Review approval to locate a used merchandise retail and donation center at 948 N. Pacific Hwy; the location of the former Roth's Market. The property site is zoned Commercial General (CG), which classifies a used merchandise business as a conditional use. The proposal involves removing the former Roth's building andconstructing a new 21,798 square foot building with associated landscaping and parking. Goodwill Industries proposes to utilize corporate colors for their building. Two of the proposed colors: melon ball and pacific blue have a brigQter tint than what is desired by Woodburn Development Ordinance. Staff has placed a condition on the proposal that the colors have 10% brown tinting or white tinting added to them to soften the hue. She recommended approval of the application with conditions of approval. She concluded the presentation and was available for questions. Chairperson Lima inquired about the property to the East side. Associate Planner Pike-Salas stated that the property is a residential care facility. Chairperson Lima invited the applicant to the podium. Lonnie Deffenbaugh, Deffenbaugh & Associates, Architecture & Planning, 388 State S1. Ste 840, Salem, 97301, applicant. He stated that the other representatives were: Peter Collins, Director of Operations, Goodwill Industries of the Columbia Willamette, Randall Rieks, Architect, and Brian Passat, OCG. Projects of Goodwill Industries, like the one presented, have been done numerous times with a new building and current layout. The intent of the facility, once complete, is to remove the existing facility. The new facility is going to change the landscaping on the property. Reviewing the Conditions of Approval there were 5 items that he wanted to discuss. Planning Commission Meeting March 8, 2007 Page 2 of 8 14 . ... .b '..' l' On the Conditions of Approval document, item #6, in regards to flags an(:p~ignage, the number of flags proposed will be reduced to two (2) flags at the entran~and one (1) flag located at E. Lincoln and Hwy 99. Item #14.c. The area along the northern portion of the parking and circulation area shall be landscaped to meet one (1) plant unit per 50 sq. ft. The appljeant is opposing tne condition due to future development as a phase II that will cover that area with concrete. He requested that item #14.c be deleted from the Conditions of Approval. Item #22. Corporate or franchise design elements shall not be incorporated into the overall design of the building as part of this design review approval and shall be in substantial conformance with elevation plans date stamped December 22, 2006. Applicant requested an explanation of the condition. r Associate Planner Pike-Salas stated that having a corporate qe'sign could not be incorporated as part of the building design. '1" The applicant stated that they were in agreement with that conditipn with no objection to any part of it. .;.,~",; Item #23. Wall surfaces adjacent to a street shaH be at least 30% gl~s. He stated that 30% of the wall would be glass. whjch exposes the attic or the bottom portion where the sorting and processing of the m~rchc:mdise is I~ted. That section is located on E. Lincoln. East Lincoln and Hwy 99haVfil very few pe~estrians. . ., ,:,+ Item #24. All sidewalks along the north eleva~onshall have weather protection provided. The pedestrians will cross and then walk ak>ngthe edge of the building. Placing concrete along the side qf the building with a'~overing will cause a glare to the building. Placing landscaping alongJhat side of the. building will make the building more appealing with a softer edge. And with setting up the drop-off area it would cause conflicts with pedestrians crossing and walking in that area. He requested that this item be removed from the Conditions of Approval. Chairperson Lima asked if a pedestrian is parked further out how would they handle that situation. Deffenbauah stated that pedestrians would use the sidewalk, but typically cross over through a parking lot. Item #30. The color of at least 90 percent of the wall, roof and awning surface visible from a street or public parking area should be an "earth tone" color containing 10 parts or more of brown or a "tinted" color containing 10 parts or more white. Flourescent, Day- glo, or any similar bright color should not be used on the building exterior. Deffenbauah stated that the two colors requested, melon ball and pacific blue are subjective to representation and requested that the colors currently presented be accepted. Deffenbauah stated that this item is a "should" and not a shall and wanted the Planning Commission to make a decision on this item. Planning Commission Meeting March 8, 2007 Page 3 of 8 15 .,' Wl< ,..., 1" Item #41. The site is currently being served by an on site private storm sewer system, no additional impervious surface is being proposed by this development. The majority of the runoff discharges to ODOT system in N. Pacific Highway. Any increase in runoff area to the city system on Lincoln Street shall be subject to Public Works review and requirements. DeffenbauQh needed clarification for this item. He inquired about the storm drain requirement by public works or by ODOT. Chairperson lima asked if there were questions to the applicant from the Planning Commission. Chairperson Lima asked the applicant about the I~gth of time wod<ing with the planning staff to review the conditions of approval.' :"" ,~~( Deffenbauqh stated that the application was deemed complt;!t~ on January 19, 2007. He is requesting that the Planning Commission make modifiCatiOns and apply a ruling on the "should and shall" decisions of those items discussed earlier-. Communitv Development Director Allen stated that for item #41 the C()hdition describes the existing use of the storm water systero a~being an ODOT facility. The City has a facility on Lincoln S1. If the drainag, system is changed tQ connect to the City's drainage then the Public Works departmentri~eds>to revieW that process. If the drainage system is not connected to the City's drainagE;, system, there is no review by Public Works. It can be addressed when Goodwill Industries submits their final design and could be reviewed by Public Works at that time. >", -(~ ~ "., .t'"?; Community Development Director Allen.stat~ that the items with the "should or shall" are left to the discretion ofthe Planning COl'l1tnlssion. Vice-Chairperson Bandelow asked about item 14(c) being a "should/shall" and whether landscaping on the northern portion is practical, since it will be developed on in another phase of the project. Community Development Director Aflen stated that the staff discussed that item and has determined that there is a curb along that side. The curb is a part of this phase of the project and meeting the requirement of the ordinance. Commissioner Vancil requested that Community Development Director Allen to clarify the meaning of item #23 in regard to the 30% glass of the building. Community Development Director Allen stated that this item is also to the discretionary of the Planning Commission decision as a "should/shall", It is described in the findings of the staff report and states that the 2%-3% glass surface area is along Pacific Hwy and E. Lincoln, Vice-Chairperson Bandelow stated that the purpose of item #23 is to make all 3 faces of the building to look the same. Commissioner Vancil asked about the pedestrian cover and if the discretion is left to the consideration of the Planning Commission as a "should/shall", Planning Commission Meeting March 8, 2007 Page 4 of 8 16 ,.' "-w+' '..., .,.. Community Development Director Allen stated that the discretion is left to the Planning Commission and also allowed to modify that portion of the item. Chairperson Lima invited the applicant to answer questions. There were no questions asked to the applicant. Chairperson Lima invited Proponents of the application. Marilynn Byroads 1560 E. Lincoln Rd., Woodburn, 97071_She commented about the glass facing her property and looking into her living room~ She stated that if it were not ,'j if glass, it would be better for her. She commented thattfle required earthtone colors of melon ball and pacific blue would be best for the building. She inquired about the location of the drop-off bin; an access to the WOOSilSurn Hwy 99 Mart; the use of the phase II process; activities happening on the easfsige of the bypding; driveway location access on Lincoln St. or Hwy 99; and the use of Lincoln st. / :f7 Chairperson Lima invited other Proponents of the applicatio~,:, Chairperson Lima invited Opponents of the application. None. Chairperson Lima invited the appUcantfor a reputlal. "* j' DeffenbauQh addressed the comments and questions by Ms; By,roads. The donation drop-off will be on the north side of the. building and,.,nllbEiist~ft'ed the entire time. Once a day everything that has been dropped,.off willbe'j:lrocesse('f' and/or distributed where needed. The driveway on East Lincoln Streetisflrelief driveway or overflow. Vehicles that want to make a left onto Hwy 99 could use.-East Lincoln and use the traffic light. The phase II development to the north is undetenliined at this time as far as acquiring the property, but the use will be a retail type use; " On an easel the applicant demonstrated an elevation view of the building to show the 30% glass calculation at pedestrian height. A total glass coverage of 24% was estimated. Vice-Chairoerson Bandelow asked the applicant if the percentage is reduced to 24% as explained on the easel and made the modification on the condition, it would only pertain to the wall facing Lincoln Street. DeffenbauQh stated that drawing depicts the layout of the glass percentage using an area calculation from the ground up to 8 feet high, a pedestrian-level calculation. Chairperson Lima asked Community Development Director Allen about the discretion by the Planning Commission in regards to this particular section of the item. Community Development Director Allen stated that it is left to the discretion of the Planning Commission to make a modification to the condition although, the condition states that it "shall" comply with the condition. Chairperson Lima closed the hearing and opened for discussion upon the Planning Commissioners. Planning Commission Meeting March 8, 2007 Page 5 of 8 17 .' ." 't>.' .. Commissioner GrosJacQues stated that item #6 addressing the flag poles and having them removed as requested. Community Development Director Allen stated that the applicant has not submitted any sign applications. A sign application could be processed without U;le need of a Planning Commission hearing. If the applicant wants to establish more tha'll 2 flag poles, that could be addressed through a variance application. " Commissioner GrosJacQues stated that item #14(c) is pre.mature in regard to landscaping. / Chairperson Lima advised the Planning CommissioJ:l that a curb is located between the two properties and eliminating the particular item \/Viii not eliminate.the curb itself. . :,l Community Development Director Allen stated that it ill fact it'\IVfll not eliminate the curb and the cross connection would also remain. . .:1 " Commissioner GrosJacQues made a motion to eliminate itern#:14(c) from the conditions of approval, seconded by Commissioner JenninQs, which passed. unanimously. Vice-Chairperson Bandelow made a motiol"lthat wall surfaces adja~nt to 99E shall be 24% glass coverage based on the pedestrian level calculation method suggested by the applicant, seconded by Commissioner Jennino&..; t . '~'t Commissioner Hutchison stated that the estimateqwas 24%'i~lass could actually be 22%, and asked will the necessary changes hav,to be made in order to meet the modified 24% condition. l Vice-Chairperson Bandelow withdrew the slanging motion and Commissioner JenninQs removed his second motion. Community Development Director Allen stated that the condition could be modified, but not removed due to compliance of the condition with the WOO. The applicant must show compliance with all criterion. the Planning Gommission has discretion to modify this condition. The Planning Commission needs to discuss its reasoning for any change to the written findings so that those conclusions can be included in the Final Order. Commissioner Vancil made a motion to modify condition of approval #23 to reflect Hwy 99E elevation drawing A4, Exhibit A, submitted January 22, 2007 with the application and the glass requirement on E. Lincoln Street be eliminated, seconded by Commissioner GrosJacQues. which passed unanimously. Commissioner Vancil commented that item #24 be removed from the conditions of approval and having landscape on that area would make the building look more attractive. Vice-Chairperson Bandelow stated that although having a sidewalk, covered area would be much more convenient, it would cause pedestrian traffic to where the drop-off trucks are located thus causing problems. Planning Commission Meeting March 8, 2007 Page 6 of 8 18 . .' l' Commissioner Jenninqs moved to eliminate condition of approval #24, seconded by Commissioner GrosJacques. Chairperson Lima disagreed with the motion and called for a vote with one (1) nay, which passed. Vice-Chairperson Sandelow stated that she agreed with condition #30 with the exception of the intensity of the blue tile. ,- Commissioner Hutchison stated that the building is being built to the same spec colors as other Goodwill Industry buildings. Chairperson Lima stated that condition of approval #30 will remain as is. Chairperson Lima stated that condition of approvql #41 has beencfarified for the applicant and the applicant has agreed with the COnQition. ,~ ,;: Vice-Chairperson Sandelow made a motion to approve Desigh Review 2006-18 and Conditional Use 2006-05 including the modifications to the donditions of approval, with staff's facts and findings to support the decision and requirement to the conditions of approval, seconded by Commissioner GrosJacques. ' " ROLL CALL / Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Lima Bandelow GrosJacques Vancil Grigorieff Hutchison Jennings yes yes, "ryes yes yes yes yes Commissioner JenninQs moved to accept the Final Order for approval of Design Review 2006-18 and Conditional Use 2006-05 with the modifications to the Conditions of Approval. Commissioner Vancil seconded the motion, which passed unanimously. ITEMS FOR ACTION A. Cancel Planning Commission Meeting for March 22, 2007. Commissioner GrosJacaues moved to cancel the March 22, 2007 Planning Commission meeting. Vice-Chairperson Bandelow seconded the motion, which passed unanimously. DISCUSSION ITEMS A. Appeal of a Portion of the Partial Remand of Period Review Task 3.b, Updated Transportation System Plan (TSP) Community Development Director Allen stated that he attended the OLCO meeting in Salem in regard to the street width of the remand review. After discussion, deliberation, questions from the LCOC and answers from the City, LCOC upheld the remand. The concerns were clarification and direction from LCOC for local residential streets. The City adopted 34' wide street cross section with parking on both sides; 29' wide cross section with parking on one side and 24' wide cross section with no on-street parking. The 29' Planning Commission Meeting March 8, 2007 Page 7 of 8 19 ... wide and 24' wide cross section required additional parking areas associated with the development. LCDC concern is that it is too much parking requirement" too much impervious surface that was required, costly to development with additional maintenance cost and the developer would always choose the 34' wide cross section and would not meet the intent of the State Administrative Rule, which calls for minimizing street cross sections and right of way widths. The City had asked the LCDC that, if the decision was remanded, then provide more direction on how to proceed. Their suggestion was to hav,< various standards based on the contemplated use. The LCDC also suggested that the demographics be studied for needed uses. This is an opportunity as a concept to minimizing the street standards anct looking at the different dynamics that are in the community. :/' The DLCD staff would like to see 28' wide streetswith parking aII6wed on both sides as developed standards and meet the threshold to allow efficient .. rbanization. Commissioner Vancil asked about the procedure to foUow afte(the LCDC meeting. '?:' . Community Development Director Allen stated that developing standard concepts and presenting them to the Planning Commission in conjunction with otherWDO projects and the other remand issues on transit. REPORTS A. Planning Tracking Sheet Commissioner JenninQs inquired about the Measure 37 claim, Delbert Gottsacker. Community Development Director Allen stated that Measure 37 is not subject to the 120- day rule. Measure 37 claims have an 180-day rule. BUSINESS FROM THE COMMISSION None. ADJOURNMENT Commissioner Vancil moved to adjourn the meeting, Vice-Chairperson Bandelow seconded the motion, which unanimously carried. Meeting adjourned at 9:03 pm. APPROVED CLAUDIO LIMA, CHAIRPERSON Date ATTEST Jim Allen Community Development Director City of Woodburn, Oregon Date Planning Commission Meeting March 8, 2007 Page 8 of 8 20 < .' .' "",," COMMUNITY SERVICES DEPARTMENT STATISTICS 8D February 2007 Recreation Services Division Feb. 2007 Feb. 2006 2007 YTO 2006 YTO Revenue: $1,703 $7,015 $67,131 $57,714 Expenditures: $29,494 $39,757 $261,686 $297,805 Proqram Attendance: Youth Services: 2,854 Youth Programs: 1,200 Adult Services: 622 Special Events: 0 Other/Mise: 0 TOTAL: 4,676 6,438* 24,044 22,851** Aquatics Division Feb. 2007 Feb. 2006 2007 YTO 2006 YTO Revenue: $10,956 $17,466 $130,930 $129,454 Expenditures: $42,511 $47,654 $351,811 $346,320 Lesson Enrollment: Group: 63 87 619 906 Adults: 0 0 0 5 Private: 0 3 10 19 4th Grade: 71 15 412 358 Attendance: 2,390 4,290 33,164 35,378 Library Division Jan. 2007 Jan. 2006 2007 YTO 2006 YTO Revenue: $3,870.00 $15,650.00 $60,720.00 $44,236.00 Library Attendance: 15,496 17,409 137,054 138,002 Library Circulation: 9,673 9,865 81,903 88,392 Adult Proqram Count: 0 0 11 12 Adult Attendance: 0 0 6,254 5,212 Youth Service Proaram Count: 33 31 237 219 Youth Service Attendance: 472 518 4,235 5,913 Database Usaqe: 383 940 3,470 5,520 Adult Computer Usaqe: 4,152 2,647 35,199 22,131 Youth Services Computer Usaqe: 836 921 7,028 7,069 New Adds: 596 172 3,311 4,457 Volunteer Hours Worked: 104 237 1,133 1,921 * 6,438 is the total of Youth Services and Youth Programs combined ** Program attendance data is not available from July 2005 - September 2005 21 T' .... '0'.' " . 'I ~~~~". ~.'= ~ ~[ . I, ' WQ.ODBURN I ,r .:- "' , f' "~ , .. I e:l t 88 .., 8E A~'~ . . March 22, 2007 TO: Mayor and City Council through City Administrator FROM: Scott Russell, Chief of Police V SUBJECT: Police Department Statistics - February 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 Departments Records Management System. The Previous year's statistics are also displayed for comparison purposes. FINANCIAL IMPACT: None Agenda Item Review: City Administrato City Attorney Finane 22 , ." ..1.....' 1" , I Woodburn DATE, L'lME llRI#, DATE }',)ll(<t. I)elJt 1/22/200) 1 j ~ '! : 2) OR024(ISUO WP[I USEl): OFFf-:NSf-, UATt-. CHANGE Ub~CN1~TIUN MONTHLY ('RIMINAL OFFENSES FOil JANUARY THRU FEBRUARY 21107 RESULTS FON ALL OFFENSES >'AGE 1'1,6860 SCOTTRU AGGRAVATED ASSAULT ANIMAL ORDINANCES ASSAULT SIMPLE BURGLANY BUSINESS BURGLARY OTHER STRUCTURE BURGI,ARY NESIDENCE CHILD NEGLECT CITY ORDINANCE CRIME DAMAGE NO VANDALISM ON ARSON CUNFEW CUSTODY DETOX CUSTODY MENTAL DISORDERLY CONDUCT DOCUMENTATION DRINKING IN PUBLIC DRIVING UNDER INFLUENCE DRUG LAW VIOLATIONS Dws/REVOKED MI SDEMEANOR ESCAPE FROM YOUR CUSTODY FAIL TO DISPLAY OPERATORS LICENSE FA!'lILY OTHER FORGERY ICOUNTERFEIT ING FRAUD IMPERSONATION FRAUD OF SERVICES/FALSE PRETENSES FUGITIVE ARREST FOR ANOTHEN AGENCY FURN I SIII NG GARBAGE LITTERING HIT AND RUN FELONY HIT AND RUN MISDEMEANOR INTIMIDATION 10THER CRIMINAL THREAT LICENSING ORDINANCES MINOR IN POSSESSION MISCELLANEOUS MOTOR VEHICLE THEFT OTHER PROPERTY FOUND LOST MISLAID PROPERTY RECOVER rON OTHER AGENCY PUBLIC HEALTH AND SAFETY ORDINANCES RECKLESS DRIVING ROBBERY BUSINESS ROBBERY OTHER RUNAWAY SEX CRIME FORCIBLE SODOMY SEX CRIME MOLEST (PHYSICAL) STOLEN PROPERTY RECEIVING,BUYING,POSSESSING SUICIDE THEFT THEFT THEFT THEFT THEFT dAN FEE 0 I 2 l 12 8 3 1 2 4 7 10 1 4 -~ S 2G 0 2 1 1 1 3 3 0 2 0 2 12 11 22 16 S 7 0 1 4 8 0 1 10 4 0 2 1 1 2 'I 39 2 0 2 0 0 2 8 5 1 0 0 1 3 1 33 12 7 13 16 12 22 19 0 1 0 17 1 2 1 0 3 1 4 4 0 1 1 1 0 2 1 1 3 2 1 0 1 0 20 34 8 5 .. N W -., BICYCLE BUILDING COIN OP MACHINE FROM MOTOR VEHICLE MOTOR VEHICLE PARTS/ACCESSORIES TOTAL 1 5 20 4 6 1 'I 2 9 61 1 3 2 6 2 2 23 40 12 1 12 1 14 2 2 66 2 2 2 13 1 1 4 45 20 28 41 1 17 3 1 4 8 1 2 2 2 5 1 1 54 13 Woodburn 1'01 iCl. Llcpt Jj22j2lJ07 11;~7;L2 OF:02-iOI-,O(J WPll USED, UffENSE DATh DATE, TIME, ORI#, DATE CHARGE DfSl'R [p[ ION ~ THEFT OTHEIi THEFT SHOPLIfT TRAFFIC OliDINANCE5 TRAFFIC VIOLATIONS TRESPASS VANDAL I 5:-1 VEHICLE RECOVeRD FOR OTHER AGENCY WARRANT ARREST fOR OUR AGENCY WEAPON CARRY CONCEALED WEAPON EX FeLON IN POSSESSION WEAPON OTHER WEAPON POSS~SS ILLEGAL ZONING ORDINANCE ~ ~ ! MONTHLY CI< IMINAL OFFENSE.~ FOK JANUARY THRU FEBRUARY 2007 RESllLTS FOR AI,!, OFFENSES JAN FEB II 8 :, l 0 I II 20 6 11 10 48 j [) 2 2 0 0 2 2 0 0 1 TOTAL, 361 400 2007 TOTAL, 361 40U U 0 0 0 0 0 0 0 0 0 2006 TOTAL, 443 432 0 0 0 0 0 0 0 0 0 0 2005 TOTAL, 428 386 0 0 0 0 0 0 0 0 0 0 PAGE PL6860 SCOTTRU TOTAL 19 8 1 31 17 78 8 1 4 1 2 2 1 761 761 875 814 Woodbl.l (j i Po I] t'( Jll'pt PAGE DATE, J/22/;.00'/ PL6850 TIME ; \ ~ I : (1 J MONTHLY ARRESTS BY OFFENSE F(JR JANUARY THRU FEHl!IIARY 2007 SCOTTRU CJRI# \"Jk02'lOS(}u WPD RESlJI,TS FOR ALL CHARGES C'HARGE DESCR I PT ION clAN FEB TOTAL AGGl!AVATEfl ASSAm. r 0 0 0 AGGRAVATED MUl!DER 0 0 0 ANIMAL \Jl!IlINANC'ES 0 0 0 ARSON 0 0 0 ASSAUI,T SIMPLE 12 " 17 ATTEMPTElJ MURm;R 0 0 0 BOMB THREAT 0 0 0 BRIBERY 0 0 0 BURGLARY BUSINESS 0 0 0 BURGLARY OTHER STRUCTURE 0 4 4 BURGLARY RESIDENCE 1 9 10 CHILD ADBANDOMENT 0 0 0 CHILD NEGLECT 2 0 2 ~ CITY ORDINANCE 0 0 0 CRIME DAMAGE NO VANDALISM OR ARSON 4 4 8 CURFEW 0 2 2 CUSTODIAL INTERFERENCE 0 0 0 CUSTODY DETOX 2 1 3 CUSTODY MENTAL 1 1 2 CUSTODY PROTECITVE 0 0 0 DISORDEl!LY CONDUCT 4 5 9 DOCUMENTATION 0 0 0 DRINKING IN PUBLTC 0 2 2 DRIVING UNDER INFLUENCE 12 11 23 DRUG LAW VIOLATIONS 25 19 44 DRUG PARAPHERNALIA 0 0 0 DWS/REVOKED FELONY 0 0 0 N DWS/REVOKED MISDEMEANOR 5 7 12 ELUDE 0 1 1 en EMBEZZLEMENT 0 0 0 ESCAPE FROM YOUR CUSTODY 0 1 1 EXTORTION/BLACKMAI \, 0 0 0 FAIL TO DISPLAY OPERATORS LICENSE 5 8 13 FAMILY OTHER 0 0 0 FORCIBLE RAPE 1 0 1 FORGERY/COUNTERFEITING 6 1 7 FRAUD ACCOUNT CLOSED CHECK 0 0 0 FRAUD BY DECEPTION/FALSE PRETENSES 0 0 0 FRAUD CREDIT CARD/AUTOMATIC TELLER MACHINE 0 0 0 FRAUD IMPERSONATION 0 1 1 FRAUD NOT SUFFICIENT FUNDS CHECK 0 0 0 ! FRAUD OF SERVICES/FALSE PRETENSES 0 0 0 FRAUD WIRE 0 0 0 FRAUD OTHER 0 0 0 FUGITIVE ARREST FOR ANOTHER AGENCY 28 41 69 .. FURNISHING 2 0 2 GAMBLING GAMES 0 0 0 GAMBL ING OTHER 0 0 0 GARBAGE LITTERING 3 0 3 HIT AND RUN FEI,ONY 0 0 0 HIT AND RUN MISDEMEANOR 1 0 1 ILLEGAL ALIEN INS HOLD 0 0 0 Po J 1('<<:' LIEpt 1/22/LUU) I i: \ I u I OR02401)()\J 'tl~)IJ ['AGE PL68~U SCOTTRU Wooljbu 1 n DATE, TIMb' ORIU. MONTHLY ARRESTS BY OFFENSE FOR JANUARY THRU FEBRUARY 2()07 RESULTS FOR ALl, rHARGES rHARGJ', [IF ,;,'R ] I'T I ON JAN FEB 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U 0 3 1 0 0 0 0 0 0 0 0 0 0 0 0 12 14 0 0 0 0 0 0 0 0 0 0 0 C 2 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 1 1 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 0 0 1 1 0 2 0 0 1 0 0 0 ~ INTIMIUAflON /aTHER CRIMINAL THREAT JUSTIFIABLE HOMICIDE KIDNAP FOR ADDITIONAL rRIMINAL PURPOSE KIDNAP rOR RANSOM KIDNAP HI JACK,TERROR1ST KIDNAP HOSTAGE/SHIELD OR REMOVAI,/DELAY WITNESS LICENSING ORDINANl'ES LIQUOR LAW OTHER LIQUOR 1,[eENSE VIuLATIONS MINOR IN POSSESRTON MINOR ON PREMISES MISCELLANEOUS MOTOR VEHICLE THEFT NEGLIGENT HOMICIDE TRAFrI(' NEGLIGENT MANSLAUGHTER NON CRIMINAL DOMESTIC DISTURBANCE OTHER PROPERTY FOUND LOST MISLAID PROPERTY RECOVER FOR OTHER A(~ENl:Y PROSTITUTION COMPEL PROSTITUTION ENGAGE IN PROST I TUT ION PROMOTE PUBLIC HEALTH ANO SAFETY URDINANCES RECKLESS DRIVING ROBBERY BANK ROBBERY BUSINESS ROBBERY rAR 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 lIJ 0\ ~ CONTRIBUTE TO SEX DELINQUENCY EXPOSER FORCIBLE SODOMY INCEST MOLEST (PHYSICAL) NON FO"CE 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 TOTAL 2 o o o o o o o o 4 o o o o o o 26 o o o o o o 4 o o o o o o o 1 2 o o o o 1 o o o o o o o 2 o 2 2 o 1 o Po 11 cc Dt."pt 3/22/2007 1 i ~ I U I OR0240'>GO WPIJ Wuod0urJ1 DATE. TIME, ORI#, CHARGE DESCH I 1"1 I llN ~ THEFT OTHER THEFT PICKPliCKET THEFT PURSE SNATCH THEFT SHOPL 1FT TRAFFIC OHDINANCES TRAFFIC VIOLATION;; TRESPASS VANDALISM VEHICLE RECOVERD ~Ok OTHER AGEN"Y WARRANT ARREST FOR OUR AGENCY WEAPON CARHY CUNCEALED WEAPON EX FELON IN POSSESSION WEAPON OTHER WEAPON POSSESS ILLEGAL WEAPON SHOOTING IN PROHIBlTElJ AREA WILLFUL MURDER ZONING OkDINANCE t.J ~ ~ ... MONTHLY ARREST;; IW OFFENSE FUR ,JANUAkY THRU FEBRUARY 2007 RESULTS FOrt ALL CHARGES JAN FE!; 1 0 0 0 0 0 3 ] 0 1 33 38 13 12 0 0 0 1 0 1 2 3 0 1 0 2 2 1 0 0 0 0 0 0 2007 TOTAL, I ~ J 208 0 0 0 0 0 2006 TOTAL, 213 218 0 0 0 0 0 2005 TOTAL, 129 149 0 0 0 0 0 o o o o o o o o o o o o PAGE PL6850 SCOTTRU TOTAL 1 u o 4 1 71 25 o 3 1 'i 1 2 1 o o o o o o 401 431 278 ~ WQQ.:Q!~.JL~N '"corporal.!J '&81 ~~ 8F . . March 26, 2007 FROM: Honorable Mayor and City Council through City Administrator Ben Gillespie, Finance DireclO~ TOT Audit Report TO: SUBJECT: RECOMMENDATION: Receive the report. BACKGROUND: In January the City engaged the public accounting firm of Boldt, Carlisle and Smith LLC to audit three of the six motels operating in Woodburn for compliance with the Transient Occupancy Tax (TOT) ordinance. Audits of motel operators are specifically allowed under the ordinance and the City exercises its authority periodically to remind operators that their procedures are subject to review. The goal of these audits is to get compliance with the ordinance, and rarely are violations discovered that result in the recovery of additional taxes. DISCUSSION: Boldt, Carlisle and Smith's report is attached. In it they note that two motels did not display Certificates of Authority. This is the customers' assurance that the tax they are being charged by the motel is legitimate. Both motels had lost their certificates, and the City has provided them with replacements. The auditors found that the Executive Inn had been charging the tax on the total of the rent plus the tax. The ordinance requires that the tax be applied to just the rent. This resulted in an overpayment of the tax of $4,658.82. A check has been processed refunding that amount to the operator. The RV Park has been charging the tax on rents net of promotional discounts. The auditors believe that this is not consistent with the language of the ordinance. After internal discussions City staff agree with the auditor's Agenda Item Review: City Administrato City Attorney _ Finane 28 Honorable Mayor and City Council March 26, 2007 Page 2 . . interpretation, and will instruct the operator to base the tax on gross rent in the future. The auditors noted that La Quinta records the tax based on the time of check in, but the revenue is not earned and the tax is not payable until check out. This is technically not in compliance with the ordinance. Although this can lead to material differences within a month, over time the net affect on the tax collected is minimal. The auditor found the motel was consistent in its practice. The cost to reconcile the motel's books to the accrual basis would be substantial. For these reasons no corrective is necessary FINANCIAL IMPACT: The cost of the audit was $3,600. An overpayment of tax discovered by the audit was $4,659. The benefit is future compliance with the ordinance. Without these audits the chance of lax procedures resulting in under reporting of revenue or underpayment of the tax increases markedly. 29 , .' ,'"- ,..,. '..' .,. I ~ ,. I \ BOLDT, CARLISLE & SMITH LLC CERTIFIED PUBLIC ACCOUNTANTS I I PARTNERSHIP . ASSURANCE . INNOVATION INDEPENDENT ACCOUNT ANT'S REPORT ON APPL VING AGREED UPON PROCEDURES Members of the City Council CITY OF WOODBURN Woodburn, Oregon We have performed the procedures enumerated below, which were agreed to by the CITY OF WOODBURN, solely to assist management's enforcement of Ordinance 2057. This agreed-upon procedures engagement was performed in accordance with attestation standards established by the A.rnerican Institute of Certified Public Accountants. The sufficiency of these procedures is solely thc responsibility of the specified users of the report. Consequently, we make no representation regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose: a. We reviewed Ordinance 2057 - An Ordinance Providing for a Transient Occupancy Tax and Providing Administrative Procedures for collecting said tax. t b. We observed the selected establishments' compliance with section 7 of Ordinance 2057 regarding display of Certificate of Authority. c. We examined monthly returns prepared by each establishment and agreed, on a test basis, the rents reported and calculation of the tax. I J Exhibit A lists our findings and recommendations relating to the procedures performed. II ;:1 II We were not engaged to, and did not perform an audit, the objective of which would be the expression of an opinion on compliance with Ordinance 2057. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. This report is intended solely for the information and use of the management of the CITY OF WOODBURL~ and is not intended to be and should not be used by anyone other than those specified parties. ~otdt, ~ & Smitlt, LLC February 6, 2007 . .' .' www.bcsllc.com SALEM: 480 CHURCH STREET S.L . SALEM, OR 97301 . PHONE: (503) 585.7751 . FAX: (503) 370-3781 STAYTON: 408 NORTH THIRD AVENUE . STAYTON, OR 97383 . PHONE: (503) 769-2186 . FAX: (503) 769-4312 ALBANY: 1205 911 AVENUE S.E. . ALBANY, OR 97322 . PHONE: (541) 928-6500 . FAX: (541) 928-6501 ,. Established - 1968 30 . .' -lilii' '.., ,.. , 1 , \ EXHIBIT A ~ '\ i1 31 . .' ,..... '.. '.., 1" FI~DI~GS Al\'D RECOMMENDATIONS We performed the procedures which were agreed to at the following establishments: Executive Inn (formerly Best Western) Woodburn 1-5 R V Park La Quinta Inn & Suites Our findings and recommendations for each of the locations follows: , j m I 32 . ~' <l!IIII" '..., ,.. FINDINGS AND RECOMMEl'IDA TIONS (Continued) Executive Inn (formerly Best Western) The Executive Inn did not display the Certificate of Authority as required by section 7 of city ordinance 2057. We noted that the amount due the City of Woodburn for the room tax had not been calculated properly. In calculating the amount due the city; the total receipts, including the receipts for room taxes, was used as the basis for calculating the 9 percent tax. As a result, the room tax calculated on the tax report and remitted was more than the room tax collected. We calculated the maximum overpayment for the period of the examination in the amount of $4,658.82. We recommend that the city finance director contact the owner of the motel to discuss the error and negotiate how the overpayment may be refunded. t i I 1 I 2 33 , .' "Wt ,,,., f' FI~DI~GS AND RECOMMENDATIONS (Continued) Woodburn RV Park The RV Park displayed the Certificate of Authority as required by section 7 of city ordinance 2057. We noted that the park reduces rent income by discounts, such as AAA or Good Sam Club, and computes the occupancy tax on the net rent. Ordinance 2057 defines rent as gross rent without any deductions. We noted that oc;cupants had been properly charged the nine percent tax, on the net rent, and that the reduced amount had been remitted to the City. We recommend that the City contact the manager of the park to remind them that the tax should be charged on the gross rent. a I i a I ~ i ! 3 34 FINDINGS A~D RECOMMENDATIONS (Continued) La Ouinta Inn & Suites La Quinta lnn & Suites did not display the Certificate of Authority as required by section 7 of city ordinance 2057. 1 \ J We noted the computer system used by thc hotel calculates room income on the day of guest check-in which is the basis for the amount reported to the City of Woodburn. However, the daily recordkeeping revolves around guest check-out. Amounts charged to the guests are charged at check- out. This results in substantial differences between the hotel's recordkeeping and amounts reported to the City of Woodburn. Due to this we were unable to recompute the taxes which should have been remitted to the City. ! ~ J I "J J1 4 35 !'k::\ ~.~;~~~ ......A"'. ~ WOODBURN ""'p."uJ 188Y llA ~~ . . March 26, 2007 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Row, Community Services Director SUBJECT: Annual Parks System Development Charges Adjustment RECOMMENDATION: It is recommended that the City Council adopt a resolution approving a Parks and Recreation SDC schedule, which has been updated to account for increasing land and construction costs, consistent with Ordinance No. 2250; and establishing an effective date of April 1, 2007. BACKGROUND: Pursuant to Ordinance No. 2250, this adjustment is to be calculated and take effect on January 1 of each year. Since this adjustment did not occur in 2006, the current adjustment is for a two year period. The formula, as outlined in the Ordinance, uses the Engineer News Record Construction Cost Index for Seattle to calculate increased construction costs and Marion County Assessor's Office Average Market Value to calculate increased cost for land costs. The formula is: Change in Average Market Value x .50 + ChanGe in Construction Cost Index x .50 = Systems Development Charge Adjustment Factor As calculated, the fees have increased 11.5% over the two year period. The updated schedule is as follows: Single Family Multi-Family Manufactured Housing Non-residential Old Fee $1,448/ dwelling unit $1,556/ dwelling unit $959 / dwelling unit $26/ employee New Fee $1,615/ dwelling unit $1,735/ dwelling unit $1,070/ dwelling unit $29/ employee Agenda Item Review: City Attorney Finance 36 . '" '..... ....., 1" " I Honorable Mayor and City Council March 26, 2007 Page 2 . . DISCUSSION: System development charge legislation was first adopted by the State of Oregon in 1989. The City of Woodburn has collected and utilized parks and recreation SDCs to meet the needs of the growing Woodburn community since 1992. The parks SDC methodology was most recently updated in 1999. In 2005, the City began using weighted trending data from the Marion County Assessors Office to calculate the annual adjustments, since it was determined that the prevailing method resulted in rates that did not accurately reflect the true change in market value. This trending data calculates changes in property value for five classes of property, including Residential, Commercial, Industrial, Multifamily and Rural. Each of these property classifications represents a different percentage of the City's total. To account for that difference, the trending is weighted with each classification's percentage of the total assessment. The re-calculation that occurred in 2005 went back many years and resulted in the issuance of refunds to developers. The adjustment scheduled for early 2008 will be the last to use this weighted trending approach, as the Assessors Office has indicated that 2006-07 will be the last period for which they will be generating that figure. FINANCIAL IMP ACT: Building activity has slowed in recent years. Based on Parks SDC collections for FY 06/07 through December 31, 2006, it is anticipated that the increased fees will result in additional $2,200 in revenue for the remainder of the fiscal year. Parks SDC collections in recent years have been: FY 06/07 (as of Dec 31 , 2006) $223,227 $295,135 $80,200 (refunds were given this year due to The recalculation I $38,499 FY 03/04 FY 04/05 FY 05/06 37 . " 4.. .,........ ,",' .,. COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION SETTING AMOUNT OF THE PARKS AND RECREATION SYSTEMS DEVELOPMENT CHARGES UNDER AN EXISTING METHODOLOGY; ESTABLISHING AN ALTERNATIVE RATE REVIEW FEE; AND SETIING AN EFFECTIVE DATE FOR IMPOSITION OF THE FEES AND CHARGES WHEREAS, ORS 223.297 - 223.314 authorizes local governments to impose system development charges; and WHEREAS, the City has adopted Ordinance 2250 establishing Parks and Recreation Systems Development Charges; and WHEREAS, the City has adopted methodologies pursuant to Ordinance 2250 to justify the Parks and Recreation Systems Development Charges; and WHEREAS, Ordinance 2250 provides that the amounts of the Parks and Recreation and Parks Systems Development shall be set by resolution; and WHEREAS, Ordinance 2250 also allows the City to establish an alternative rate review fee by resolution; NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOllOWS: Section 1. PARKS AND RECREATION SYSTEMS DEVELOPMENT CHARGE. The schedule of Parks and Recreation Systems Development Charges attached as Exhibit II A", and, by this reference, incorporated herein is hereby adopted to be imposed beginning the effective date identified in Section 3 of this resolution. Section 2. ALTERNATIVE RATE REVIEW FEE The minimum fee for review of an alternative rate review calculation shall be two-hundred-and-fifty dollars ($250), to be paid at the time the alternative rate calculation is submitted for review. If the City hires a consultant to assist in reviewing the information submitted, the cost of the consultant's review shall be shared equally by the City and the applicant, and the applicant shall pay its share of the cost of the consultant's review at the time the City decides whether or not to accept the alternative rate. Page 1 - COUNCIL BILL NO. ORDINANCE NO. 38 , .' """'f , II ' I Section 3. EFFECTIVE DATE The effective date for imposition of the fees and charges identified in this resolution shall be April 1, 2007. Approved as to form: CO),ryvq- ;1C) City Attorney -lit.o /100 i- Da e I 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 2 - COUNCil Bill NO. ORDINANCE NO. 39 . .' """~' l' I ~ " I EXHIBIT lOA" PARKS SYSTEM DEVELOPMENT CHARGE SCHEDULE Effective: April J, 2007 DEVELOPMENT TYPE SDC PER UNIT Single Family (also duplex, manufactured housing not in a park) S l,615/dwelling unit Multi-family S 1,735/dwelling unit Manufactured housing (in a park) S l,070/dwelling unit Non-residential S 29/employee 40 ..-- ..... ..., ... I ~ " 'I r-, ..~~~~...... -'" . ~ WQ.ODBURN ''''(lrp~'a/~J f8S~ lIB ~~ . . March 26, 2007 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Row, Community Services Director SUBJECT: Oregon State Parks Local Government Grant Applications RECOMMENDATION: Adopt the resolution authorizing the City of Woodburn's Community Services Department to apply for Grants through Oregon State Park's Local Government Grant Program for projects at Burlingham Park and the Mill Creek Greenway. BACKGROUND: The Community Services Department, working through the Recreation and Park Board, has identified the need to begin the first phase of work on the Mill Creek Greenway and continue the playground replacement initiative at Burlingham Park. These projects have been in various stages of planning and development over the past couple of years and the Department is seeking outside funding in an effort to complete them as planned. Both projects meet the funding criteria for the State's Local Government Grant Program. This program requires a 50% local match, which can include cash, contributions of materials and volunteer labor. DISCUSSION: The Recreation and Park Board recently created the playground replacement initiative and consider it their highest priority development project. Nelson Park was the first playground to be upgraded through this program in 2006. The City Council lists the Playground Replacement Initiative as a draft 2007-2009 goal. The Recreation and Park Board considers implementation of the Mill Creek Greenway their third highest development priority, immediately following the Aquatic Center Expansion. Agenda Item Review: City Administrato City Attorney _ Finane 41 '.1 ... '..' '1'" "I I Honorable Mayor and City Council March 26, 2007 Page 2 . . Applications are currently being accepted for Oregon State Park's Local Government Grant Program. If funded, the Community Services Department would replace the playground at Burlingham Park, identified by the Recreation and Park Board as the next playground to be replaced. In addition, the first phase of the Mill Creek Greenway would be developed. This project involves constructing a trail system, complete with asphalt pathways, bridges, trail heads, benches and trash cans. The first phase runs from Cleveland Street at the north to Hermanson Pond at the south. The City's application to the Local Government Grant Program will also seek to fund the replacement of the playground at Hermanson I Park, which is also a high priority to the Recreation and Parks Board. Both projects are anticipated to begin in early 2008. FINANCIAL IMP ACT: This grant program requires a 50% match, with certain pre-agreement costs and- kind services qualifying. The Community Services Department is currently in the process of developing the budget for these two projects and will request grant funding in the amount of 50% of total project costs. The City's share of matching funds will be requested through the 2008-2009 "Additional Funds Request" process. 42 . ,.' ..'" .,-"""' ,..., '1" COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION AUTHORIZING THE COMMUNITY SERVICES DEPARTMENT TO APPLY FOR LOCAL GOVERNMENT GRANTS FROM THE OREGON PARKS AND RECREATION DEPARTMENT FOR THE MILL CREEK GREENWAY PHASE ONE PROJECT AND THE BURLINGHAM PARK PLAYGROUND RENOVATION AND DELEGATING AUTHORITY TO THE COMMUNITY SERVICES DIRECTOR TO SIGN THE APPLICATION. WHEREAS, the Oregon Parks and Recreation department is accepting application for the Local Government Grant Program; and WHEREAS, the Community Services Department desires to participate in this grant program to the greatest extent possible as a means of providing needed parks and recreation improvements and enhancements; and WHEREAS, the Recreation and Park Board, Budget Committee, City Council, Mill Creek Greenway Task Force members and Staff have identified implementation of the Mill Creek Greenway citywide playground upgrades as high priority needs in Woodburn; and WHEREAS, City residents will benefit from the development of a trail system in the Mill Creek Greenway and residents will also benefit from renovation and upgrades to the playground at Burlingham Park; and WHEREAS, the applicant hereby certifies that the matching share for this application is readily available in the Parks SDC and General Fund budgets at this time; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn's Community Services Department be authorized to apply for Local Government Grants from the Oregon Parks and Recreation Department for the Mill Creek Greenway Phase One Project and the Burlingham Park Playground Renovation Project as specified above. Approved as to form: City Attorney Date Approved: Kathryn Figley, Mayor Page l - COUNCIL BILL NO. ORDINANCE NO. 43 ..... .....', ,.., 1t 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 2 - COUNCIL BILL NO. ORDINANCE NO. .' 44 I.... .-.,. ",-, ..,.- ~. ,.: ~jj~~~':"'., :(.~ ~.q. WOODBURN 1 ,. ( : ( 1'" rat t d t t; S'l llC ~~ . . March 26, 2007 TO: Honorable Mayor and City Council through City Administrator FROM: Public Works Directo~ ~ _ SUBJECT: Resolution of Intent to Improve Tout Street RECOMMENDATION: Approve the attached resolution of intent to improve Tout Street, which sets the public hearing date of April 23, 2007 for the Local Improvement District BACKGROUND: The City Council at the regularly scheduled meeting held on June 26, 2006, approved the engineering report for improvement of Tout Street and directed staff to prepare a resolution of intent to improve. The attached resolution declares the Councils intent to make the improvement, adopts the Local Improvement District (LID), adopts the method of assessment, establishes a public hearing date and directs the City Recorder to give notice. The resolution contains the framework and terms that were defined in the approved engineering report. The resolution sets April 23, 2007 for the public hearing date which provides staff ample time to comply with notice requirements of Ordinance No. 2105. Notice is to be published in two publications, one week apart, in a newspaper of general publication in the city; the first publication shall not be less then 10 days from the public hearing date. In addition to the ordinance requirements for notice, each property within the LID will be provided with a notice of the public hearing and pertinent information from the resolution of intent to improve by unregistered mail a few days prior to the hearing. Tout Street is identified on the capital improvement program and council has expressed the need for the improvement, therefore staff is recommending approval of the resolution, which is the next procedural step in the LID street improvement process. Agenda Item Review: City Administrator<t/l '.J Finane 45 ,.' ,...', ,"'. '1' I II J'I Honorable Mayor and City Council March 26, 2007 Page 2 . . DISCUSSION: All conditions outlined in the engineering report that have been approved by the city council are included in the proposed resolution. The project funding includes city support and revenue received from the benefited properties. The interest rate has been set at 6.25 percent with up to 10-year payment plan option. Public Works staff will be available to answer any questions raised during the meeting on this and other issues. FINANCIAL IMPACT: Publication of notice estimated at $500.00 and the project cost itself as outlined in the report. Attachments 1) LID process and current status 2) Street cross section 3) Estimated individual assessment map 4) Resolution of Intent to Improve 46 . .' '~" ..,., .,.. I ~ . I 'I A TT ACHMENT 1 PROCESS FOR LOCAL IMPROVEMENT DISTRICT (LID) 1. PROJECT INITIATION: Project is initiated by petition or by action of the City Council 2. RESOLUTION AUTHORIZING AN ENGINEERING REPORT: City Council, by approval of a resolution, directs staff to prepare an engineers report for the improvement 3. ENGINEERING REPORT APPROVAL: Engineers report contains, project need, method of assessment, cost estimate based on preliminary engineering, Local Improvement District (LID) boundary. The City Council may at this stage direct staff to prepare a "Resolution of Intent to Improve". 4. RESOLUTION OF INTENT TO IMPROVE: LID boundary and assessments are ... defined for public process. Public hearing date set with council approval of resolution. 5. ADVERTISEMENT OF PUBLIC HEARING: The City Recorder gives notice meeting legal requirements of advertising for public hearing. 6. PUBLIC HEARING: City Council holds a public hearing on the project and receives input from the affected property owners. If, at the time of hearing, written remonstrances are received from the owners of majority of land within the LID, consideration of the LID must be suspended for six months. 7. CITY COUNCil DECISION: a. Direct staff to prepare an assessment ordinance b. Direct staff make modifications to the LID c. Abandon or postponement of the LID 8. ADOPTION OF THE ASSESSEMENT ORDINANCE: Funding defined. 9. COMPLETION OF FINAL ENGINEERING: Final engineering plans, specifications and contract documents are completed. 10. ADVERTISEMENT FOR BIDS AND BID AWARD: The project is advertised and bids are received. The City Council reviews staff recommendation and awards the contract for construction to the lowest responsible bidder. (Note: City may receive bids earlier but contract award can not take place until assessment ordinance has been adopted) 11. CONSTRUCTION ACTIVITIES: Construction takes place under the supervision of the City Engineer. (Note: This is the time when the public sees project action) \2. FINAL ASSESSMENT ORDINANCE: Upon completion of the improvements the final assessment process is followed. The process requires another public hearing and explanation of payment plan time lines. Revised 5/16/03 47 "~. ,,,,-, .. M ~ Z ~ ~ == U < E-- E-- < PAm- w Z .....J ~ cr w n... o cr Q.. 13' 7.5' 5' CONCRETE SIDEWALK 60' ROW 34' 0.5' <i 17' TRA VEL LANE W/PARKING ... .. EXISTING STORM SEWER '.. . MAIN EXISTING SAN IT ARY SEWER MAIN CURB AND GUTTER X:\CAD Symbols\SeaI1.tif 0.5' 17' TRAVEL LANE PARKING t , j,~ . ;.:~i.}r't." ~..". f' .<' ..-~',:~~ .. I ASPHALTIC CONCRETE WEARING SURFACE AGGREGATE BASE 13' 5' CONCRETE SIDEWALK 7.5' ~ EXISTING . - WATER MAIN CfT( OF WOODBURN DEPT. OF PUBLIC WORKS EXHIBIT 2 TOUT STREET DESIGN: RS DRAWN: DATE:6 20 2006 SCALE: RS CHECKED: NTS DET No. w z :::J ~ cr w n... o cr Q 00 ~ i RS tf") E- Z ~ i u < E- ~ < "'---- u_____ --- - 7 J',.~u;r- V, ~ ." / ,I , I \ / VZ 1 WOOD (1 '" I ~('i / / / I () 'f) 0'1 'lit 1 --- .- /' ATTACHMENT 3 COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION OF INTENT TO IMPROVE TOUT STREET BETWEEN SETTLEMIER AVENUE AND SOUTH FRONT STREET, ADOPT THE LOCAL IMPROVEMENT DISTRICT, ADOPT THE METHOD OF ASSESSMENT, EST ABLISH A PUBLIC HEARING DATE AND DIRECT THE CITY RECORDER TO GIVE NOTICE. WHEREAS, the City Council considers the improvement of Tout Street between Settlemier A venue and South Front Street to be necessary and beneficial; and WHEREAS, The City Council has authority to initiate the Local Improvement District improvement and procedure process as per Ordinance No. 2105, and WHEREAS, The City Council by adopting Resolution No. 1826, instructed the City Engineer to prepare the engineering report for the improvements; and WHEREAS, the City Council reviewed and approved the engineering report on the improvement of Tout Street on June 26, 2006; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: SECTION 1. INTENT TO IMPROVE The City Council deems it necessary and hereby declares its intention to order the following improvements of Tout Street between Settlemier Avenue and South Front Street. Tout Street is to be improved in accordance with the Woodburn Transportation Plan (TSP) as a Local Street. This cross section as identified in the TSP provides two travel lanes, on-street parking and sidewalks both sides. The improvement will be complete with curbs, drainage improvements, street lighting. SECTION 2. PROPOSED METHOD OF FUNDING: The funding mechanism to accomplish this project includes the following: A. CITY SUPPORT: Budgeted approved funds for the improvement of Tout Street B. ASSESSMENT AGAINST BENEFITING PROPERTIES: Limited to the cost associated with the improvement of Tout Street to a local residential standard. Page 1 - COUNCIL BILL NO. RESOLUTION NO. 50 .' ."... '... 11' SECTION 3. BOUNDARY OF THE PROPOSED LOCAL IMPROVEMENT DISTRICT: The property subject to the assessment of this district will be to those properties that are adjoining Tout Street, as described below: Beginning at the Southeast comer of lot 2, Tout's Addition to the City Of Woodburn, situated in Township 5 South, Range 1 West, Section 18 Marion County Oregon; Thence Northwesterly long along the Southerly boundary line of said lot 2 to the Southwest comer thereof; Thence Southeasterly along the East line of that Certain Tract ofland as recorded in deed Reel 2266, Page 421 Marion County Deed Records, to the Southeast comer thereof; Thence Northwesterly along the South line of said Reel 2266, Page 421 to the Southwest corner thereof; Thence Northeasterly along the West line of said Reel 2266, Page 421 to the Southeast corner of lot 8 of said Tout's Addition; Thence Northwesterly to the Southwest corner of lot 10 of said Tout's Addition; Thence Northeasterly along the West line of said Tout's Addition to the Northwest comer of the certain tract ofland as recorded in deed Reel 2333, Page 081 , Marion County Deed Records; Thence Southeasterly to the Northeast Comer of that Certain Tract of land as recorded in deed Reel 1288, Page 050 Marion County Deed Records; Thence Southwesterly along the East line of said Reel 1288, Page 050 to the Northwest comer of Lot 1, W oodcrest Addition to the City of Woodburn as recorded in Volume 26, Page 15, Marion County Book of Town Plats; Thence Southeasterly along the North line of said Lot 1 to the Northeast comer thereof; Thence Northeasterly to the Northwest comer of certain tract of land recorded Reel 242, Page 832 Marion County Dt:t:u Records; Thence Southeasterly along the North line of Said Reel 242, Page 832 to the Northeast comer thereof; Thence Southeasterly along the East line of said Reel 242, Page 832 to the Northwest comer of that certain tract of land recorded in Reel 1700, Page 385, Marion County Deed Records; Thence Southeasterly along the North line of said Reel 1700, Page 385 to the Northeast comer thereof: Thence along the East line of said Reel 1700, Page 385 to the Northwest corner of the certain tract ofland recorded in Reel 1239, Page 515 Marion County Deed Records; Thence Southeasterly along the Northerly line of said Reel 1239, Page 515 to the Northeast comer thereof; Thence Southeasterly along the West line said Tout's Addition to the Place of Beginning A map showing the above described district boundary is attached as Exhibit 1 and those properties within that boundary are identified in Section 4. SECTION 4. PROPERTIES WITHIN THE LOCAL IMPROVEMENT DISTRICT: Page 2 - COU0ICIL BILL NO. RESOLUTION NO. 51 . .' -.....' -, 1" MARION COUNTY TAX LOT # ADDRESS PROPERTY OWNER MAP # 051W18BC 2100 598 Settlemier Ave. Doman, Ruth, Stephen and Sheree 051W18BC 8500 620 Settlemier Ave. Glavnik, Niclolav & Lvudmila 051W18BC 2000 263 Tout Street Garcia, Abel, Ofelia & Huapeo Alfonso 051W18BC 1900 207 Tout Street Nobles, Marian 051W18BC 8600 202 Tout Street Carlson, Noah & Eulalia 051W18BC 1800 197 Tout Street Koffler, Frieda 051W18BC 8700 188 Tout Street Perfecto, Jose 051W18BC 1700 17 5 Tout Street Daurov, Ivan & Lvubov 051W18BC 1600 125 Tout Street Kravets, Victor & Anna 051W18BC 9300 707 Front Street Astorga, Jose Abel Torres & others SECTION 5. COST ALLOCATION DETERMINATION ACCORDING TO THE BENEFIT RECEIVED: A. PROPOSED DISTRIBUTION METHOD OF PROJECT ASSESSMENT COST 1. Adjoining Lineal Footage Method: It is being proposed that 50% of the project assessment cost be allocated against adjoining footage units. This will include adjoining front lot and side lot footage 2. Lot Area Method: It is being proposed that 50% of the project assessment cost be allocated against lot area units. This will include adjoining front lot and side lot area. B. PROPERTY BENEFIT DETERMINATION: 1. Properties in the Local Improvement District are determined to benefit from the improvement in proportion as stated below: a. Properties Determined to Receive Full Benefit for Lineal Footage and Area The lineal footage of the property adjoining proposed improvement and having direct access to Tout Street are determined to receive 100% of the benefit. Therefore 100% of adjoining frontage will be used to distribute the assessment cost Page 3 - COUNCIL BILL NO. RESOLUTION ~O. 52 11 The area of the property adjoining the proposed improvement and not adjoining any other public street other then Tout Street is determined to receive 100% of the benefit. Therefore 100% of adjoining front lot area will be used to distribute the assessment cost b. Properties Determined to Receive Reduced Benefit for Lineal Footage and Area The lineal footage of the property adjoining the proposed improvement with no direct access to Tout Street are determined to receive 50% of the benefit. Therefore only 50% of the length of adjoining side footage will used to calculate assessment cost. 11 The area of the property adjoining the improvement and also adjoining another Public Street other then Tout Street is determined to receive 50% of the benefit. Therefore only 50% of the area of adjoining side lot area will used to calculate assessment cost. c. COST ALLOCATION UNITS USED IN ASSESSMENT AND DEFINING THESE UNITS (Adjoining Lineal Footage, Lot Area and Driveway Approach): 1. UNIT USED FOR ADJOINING LINEAL FOOTAGE a. UNIT OF LINEAL FRONT LOT FOOTAGE: All improved and unimproved properties with front lot frontage and direct access to Tout Street. b. UNIT OF SIDE LOT FOOTAGE: All Improved and unimproved properties with adjoining side lot footage with no direct access to Tout Street. 2. UNIT USED FOR PROPERTY AREA a. UNIT OF PROPERTY FRONTING LOT AREA: All improved and unimproved properties with Tout Street frontage and not adjoining any other public street b. U~IT OF SIDE LOT AREA: All improved and unimproved properties adjoining Tout Street and also adjoining another public street Page 4 - COliNCIL BILL NO. RESOLUTION NO. 53 ---." ,...' 1'" 3. UNIT USED FOR nRlVEW A Y APPROACH: Driveway approach to a lot will be assessed as a unit for flate rate assessment. SECTION 6. ENGINEERS PROJECT COST ESTIMATE: The estimated cost of improving Tout Street in conformance with a local residential street standard. $ 113.400 TOT AL PROJECT COST $ 113.400 Note: Estimated costs includes construction engineering, administration, contingency and permits SECTION 7. DISTRIBUTION OF PROJECT COST: A. PROJECT COST TO BE FUNDED BY THE CITY Costs that are not to be assessed 1. Cost sharing by the city as approved by council policy and supported by approved budget = $ 81,900 TOT AL TO BE FUNDED BY THE CITY = $ 81.900 B, STREET COST TO BE DISTRIBUTED AGAINST THE BENEFITED PROPERTIES Cost to be distributed against the benefiting properties for a standard local residential street cross section less the cost share by the city $113,400 - $81,900 $31,500 C. DISTRIBUTION OF COST ACCORDING TO DEFINED UNITS Drive Approaches 7 approaches @ $500/EA. $3,500 11 Lineal footage plus lot area (property assessment share less drive approach cost) Page 5 - COUNCIL BILL NO. RESOLUTION NO. 54 . .' ..,~ ...., 1" I ~ 'I $31,500-$3,500 $28,000 111 Lineal footage or lot area assessment amount (distributed equally 50%) $28,000/2 = $14,000 SECTION 8. UNIT COST ANALYSIS AND DETERMINATION: A. NUMBER OF COST UNITS FOR INDIVIDUAL PROPERTY MARION COUNTY TAX ADDRESS AREA LINEAL PROPERTY OWNER MAP # LOT # ACRES FRONT FOOTAGE 051W18BC 2100 598 Settlemier. * 0.135 *40 Doman, Ruth, Steohen and Sheree 051W18BC 8500 620 Settlemier * 0.103 *54.6 Glavnik, Niclolav & Lvudmila 051W18BC 2000 263 Tout Street 0.210 43 Garcia, Abel, Ofelia & Huaoeo Alfonso 051W18BC 1900 207 Tout Street 0.144 74.3 Nobles, Marian 051W18BC 8600 202 Tout Street 0.230 100 Carlson, Noah & Eulalia 051W18BC 1800 197 Tout Street 0.215 75 Koffler, Frieda 051W18BC 8700 188 Tout Street 0.374 100 Perfecto, Jose 051W18BC 1700 175 Tout Street 0.146 60 Daurov, Ivan & Lvubov 051W18BC 1600 125 Tout Street *0.066 100 Zavaleta, Perla Perez 051W18BC 9300 707 Front St. * 0.115 *50 Astoraa, Jose Abel Torres & others TOTAL 1.805 696.9 * Denotes Area or Footage Reduced by 50%. B. COST DETEAAlINA TION FOR LINEAL FRONT FOOTAGE: Estimated cost of the street improvements to be funded by property assessments for the improvement to Tout Street $ 14,000 Total footage within the assessment district 696.9 LF (Includes 100% front footage and 50% of side footage) Cost per lineal foot of frontage -= S20.09/LF C. COST DETERMINATION FOR PER ACRE AREA Estimated cost of the street improvements to be funded by property assessments for the improvement to Tout Street $ 14,000 Total area adjoining Tout Street Page 6 - COUNCIL BILL NO. RESOLUTION NO. 55 . 'I" "11''' .", 1'" within the assessment district. (Includes 100% of fronting lot area and 50% of side lot area) 1.805 acres Area cost, per acre $ 7,756.23/AC D. EACH DRIVEWAY APPROACH COST The driveway approach to lot requiring access to Tout Street will be assessed at a flat rate. = $5001 ea. SECTION 9. INDIVIDUAL ESTIMATED PROPERTY ASSESSMENTS: A. ESTIMATED ASSESSMENT COST BASED ON APPROACH, AREA AND LINEAL FRONT FOOT AGE TAX COST COST COST TOTAL LOT # ADDRESS PROPERTY OWNER OF BASED BASED ON ASSESSMENT APPROACH ON AREA FOOTAGE 598 Settlemier Doman, Ruth, Stephen 2100 Ave. and Sheree $0.00 $1,086.83 $803.50 $1,890.33 620 Settlemier Glavnik, Niclolay & 8500 Ave. Lyudmila $0.00 $833.24 $1,097.78 $1,931.02 263 Tout Garcia, Abel, Ofelia & 2000 Street Huapeo Alfonso $500.00 $1,690.63 $863.76 $3,054.39 207 Tout Nobles, Marian 1900 Street $500.00 $1,159.29 $1,492.50 $3,151.79 202 Tout Carlson, Noah & Eulalia 8600 Street $500.00 $1,851.64 $2,008.75 $4,360.39 197 Tout Koffler, Frieda 1800 Street $500.00 $1,730.88 $1,506.56 $3,737.44 188 Tout Perfecto, Jose 8700 Street $500.00 $3,010.93 $2,008.75 $5,519.68 175 Tout Daurov, Ivan & Lyubov 1700 Street $500.00 $1,175.39 $1,205.25 $2,880.64 125 Tout Zavaleta, Perla Perez 1600 Street $500.00 $535.37 $2,008.75 $3,044.12 707 Front Astorga, Jose Abel 9300 Street Torres & others $0.00 $925.82 $1,004.38 $1,930.20 $3,500.00 $14,000.00 $14,000.00 $31,500.00 SECTION 10. P A Y~IENT PLAN FOR ASSESSl\'IENT: A twenty-year (20) payment plan is proposed for the assessment obligation. SECTION 11. INTEREST RATE: Page 7 - COUNCIL BILL ~O. RESOLUTION NO. 56 The Finance Director is authorized to develop a schedule and charge an interest rate, which does not exceed one-half (1/2) percent above the estimated net effective rate of bond sale. Currently this interest rate is estimated at 6.25 percent. SECTION 12. FUNDING METHODS: The improvement costs for the project will be supported utilizing two funding sources, the LID property assessments and council approved city support. SECTION 13 FUNDING SUMMARY: PROJECT FUNDING REQUIRED = $ 113,400 A. CITY SUPPORT State Revenue Sharing Street/Strom CIP General Fund to CIP Gax Tax (Asphalt Rehab Portion) = $ 28,800 $ 17,100 $ 28,800 $ 7,200 = SUB TOTAL = $ 81.900 $31,500 B. LID PROPERTY ASSESSMENTS SUB TOTAL = $31.500 FUNDING TOTAL $ 113.400 SECTION 14. MAXIMUM LIMIT OF ASSESSMENT AMOUNT: It is proposed that the assessment amounts shown in this document be fixed as the maximum amount to be assessed against the properties for the said improvement. Any cost over runs will be absorbed by the city. SECTION 15 PUBLIC HEARING The City Council will hold a public hearing on the proposed Local Improvement District April 23, 2007 at 7:00 PM in the City Council Chambers of the City Hall, 270 Montgomery Street. SECTIO~ 16 ~OTICE OF HEARING Page 8 - COUNCIL BILL ~O. RESOLUTION NO. 57 That the City Recorder of the City of Woodburn is hereby directed to give notice of the City Council's intention to make the proposed improvements and notice the public hearing as outlined in Section 15 Approved as to fO~~n City Attorney ~/l21 t00 ':r Date' I Approved: Kathryn Figley, Mayor Passed by Council Submitted to the Mayor Approved by the Mayor Filed in the office of the Recorder Attest: Mary Tennant, City Recorder City of Woodburn, Oregon Page 9 - COUNCIL BILL NO. RESOLUTION NO. 58 ,- -- -- 595 -'-" / '-..........., ,/ '~ . ",.f EXHIBIT 1 $- t 0\ II) .. ~~4 WOODBURN { 't.. : r I' ~ r IJ t i Ii I 8 ,"t ., . liD ~~ . March 26, 2007 TO: Honorable Mayor and City Council through City Administrator VIA: G. S. Tiwari, Public Works Director ~ FROM: Randy Scott, Senior Engineer Technician f2.5 SUBJECT: Acceptance of Public utility Easement, 1275 Fifth Street RECOMMENDATION: It is being recommended that the City Council accept the attached Public Utility Easement described on Attachment "A". BACKGROUND: The Public Utility Easement being conveyed is located on property at 1275 Fifth Street (Nuevo Amancer) and is 16 feet in width adjacent to a portion of the southerly property line. The easement is being provided for the installation of a storm sewer at the end and between Second Street and Third Street. Farmworker Housing Development Corporation is conveying the Utility Easement. DISCUSSION: The storm sewer project is identified in the Capital Improvement Program for fiscal year 07/08. The conveyance and acceptance allows staff to proceed with the project. FINANCIAL IMPACT: Other then recording fees, there is no financial impact with the recommended action. Included is a vicinity map. Included, as Attachment "A" is the properly signed Utility Easement. Agenda Item Review: City Administrat - City Attorney Finane 60 . '1" '....',., 't , ~! I"~ t :JFl.~~.-E~< F;9j \ \ lj u-: "')..-;j- i~~ ['- 13(13 ~UITE 1 &2 :339 1385 \ / \ (/ /) ,/ /'/ '\ \ \ PROPOSED 01\ UT< c=:=J c=::J U u QD - '\'1-1'J \/\ C \ N \\"{ 61 '... ,,' . ATTACHMENT "A" AFTER RECORDING RETURN TO: Woodburn City Recorder City of Woodburn 270 Montgomery Street Woodburn, OR 97071 CITY OF WOODBURN, OREGON PUBLIC UTILITY EASEMENTS (Permanent) FARMWORKER HOUSING DEVELOPMENT CORPORATION, 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 Storm Sewer and utility lines on the following described land: See attached Exhibit "A" Legal Description of Permanent Easement and attached Exhibit "B" Sketch for Legal Description of Permanent Easement 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 one dollar ($1.00), and other valuable consideration, the receipt of which is acknowledged by GRANTOR. GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of the above-granted premises, free from all encumbrances and that GRANTOR and their heirs and personal representatives shall warrant and forever defend the said premises and every part thereof to CITY against the lawful claims and demands of all persons claiming by, through, or under GRANTOR. DATED this !f!- day of /l / tZY C; ) ,20~. Public Utility Easements (Permanent) Page 1 of 4 62 ..,.~ ,,",' 11' F armworker Housing Development Corporation. BVra -4 _. CORPORATE ACKNOWLEDGEMENT STATE OF OREGON, County of f{\ o..M() 10 ) ss. The foregoing instrument was acknowledged before me this -3- day of ~ 2007 by Roberto Jimenez, as Executive Director of Farmworker Housing Development Corporation, 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. It. CARMEN L RerllfllZ NOTARY PUBllCoCMlIlON COMMISSION NO. A31Nf18 tit CelliII. EXPllUS IlOw.EI '.. 2001 ~~. ~;~ NOTARY PUBLIC FOR OREGON ~ My Commission Expires: t \ - l <{ ~ 0 7 City of Woodburn 270 Montgomery Street Woodburn, OR 97071 (Grantee's Name and Address) Accepted from on behalf of the City of Woodburn after authorization by its City Council on date City Recorder: Mary Tennant Public Utility Easements (Permanent) Page 2 of 4 63 . 111' .... .~.' .0., "' EXHIBIT "A" Legal Description of Permanent Easement The South eighteen feet (18') of Parcel Two, of Partition Plat 1993-15, as recorded in the Marion County Deed Records as Reel 1037, Page 403 and being situated in Section 7, Township 5 South, Range 1 West of the Willamette Meridian, Marion County, Oregon, City of Woodburn. Public Utility Easements (Permanent) Page 3 of 4 64 ''"', '....,.,....... .,. EXHIBIT "B" Sketch for Legal Description of Permanent Easement .+ ,-- ---- ! ,I I I I ! I I I ! I ~ I [ I ~ , , I f3 I r 9 .1I I ~ ~ ..... IDtoIa l""4_ '(\~ ~~\l-l~~ ~ ~ n,A ..... ,--~ ~~... ~ 'tl\ ~ ~~~~ ..:-- ~~ ...---- .....--- -- PARCEL 1 5,74 ACRES .... f '-l 5aB.29'~7'E 3.5"9.S2 ~. PARCEL 2 ~ ~ 4.42 ACRES 2; i f ,I I I I ... J 5 I ~ f? ~ ~ ~..... ! ~ ~ EXST. 16' UTILITY EASEMENT rl ~ PER REEL e~3 PCi e~ -=- ,I .... EX~T, ~~' UTILITY EA:>EMENT-,I ___ PER REEL B'}7 PG 4S0 I ~~= -- - - ~- ~~:~; ~-:::':~~ c':o - -.c-~ - ~ - _ =~ c =~~ , ' . ~-r;-:"'~,, " . --:-'T:~ Public Utility Easements (Permanent) Page 4 of 4 65 "11'. '..., .,. .. ,~ /~~-./~~ (~4 WOODBURN liE ~~ . I " .. ~' r )';) r ,I t.: d ! S S .., . March 26, 2007 TO: Honorable Mayor and City Council through City Administrator VIA: G. S. Tiwari, Public Works Director ~- FROM: Randy Scott, Senior Engineer Technician ~ SUBJECT: Acceptance of Public utility Easement, Between First & Second Street RECOMMENDATION: It is being recommended that the City Council accept the attached Public Utility Easement described on Attachment "A" and Attachment 'B". BACKGROUND: Attachment "A"; The Public Utility Easement being conveyed is located on property at 1300 North Second and is 16 feet in width adjacent to the southerly property line. The easement is being provided for the extension/looping of a water main between First Street and Second Street. Farmworker Housing Development Corporation is conveying the Utility Easement. Attachment "B"; The Public Utility Easement being conveyed is located on property at 1290 North First Street and is 16 feet in width by 30 feet in length. The easement is being provided for the extension/looping of a water main between First Street and Second Street. Ruben and Maura Rodriguez are conveying the Utility Easement. DISCUSSION: The water main extension/looping project is identified in the Capital Improvement Program for fiscal year 06/07. The conveyance and acceptance allows staff to proceed with the project. FINANCIAL IMPACT: Other then recording fees, there is no financial impact with the recommended action. Agenda Item Review: City Administrat City Attorney_ Finane 66 , .' ....' '''W'' '... ,. Mayor and City Council March 26, 2007 Page 2 . . Included is a vicinity map. Included, as Attachment "A" & liB" is the properly signed Utility Easements. 67 . .' --'~, ,. 0- o :2 ~ ~ 0- C 0- C o - -- /' ~""2 ...\ -><< . \ 1 , \ ATTACHMENT "A" AFTER RECORDING RETURN TO: Woodburn City Recorder City of Woodburn 270 Montgomery Street Woodburn, OR 97071 CITY OF WOODBURN, OREGON PUBLIC UTILITY EASEMENTS (Permanent) FARMWORKER HOUSING DEVELOPMENT CORPORATION. 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 WATER MAIN PIPELINE on the following described land: See attached Exhibit "A" Legal Description of Permanent Easement and attached Exhibit ItB" Sketch for Legal Description of Permanent Easement 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 One Dollar ($1.00), and other valuable consideration, the receipt of which is acknowledged by GRANTOR. GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of the above-granted premises, free from all encumbrances and that GRANTOR and their heirs and personal representatives shall warrant and forever defend the said premises and every part thereof to CITY against the lawful claims and demands of all persons claiming by, through, or under GRANTOR. DATED this 971 day of #VC/t . 20l2:L. Public Utility Easements (Permanent) Page 1 of 4 69 , .-1 'W' ".. , --..... CORPORATE ACKNOWLEDGEMENT STATE OF OREGON, County of ('(\()A, c;W) ss. The foregoing instrument was acknowledged before me this --1-- day of ~f! M... 20 n by Roberto Jimenez, as Executive Director of Farmworker Housing Development Corporation, and the foregoing instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; aid instrument to be its voluntary act and deed. NO~CF~ My Commission Expires: \ V\ ~ v 0 ~ City of Woodburn 270 Montgomery Street Woodburn, OR 97071 F armeworker Housing Development Corporation 1274 Fifth Street 1A Woodburn, OR 97071 Accepted from on behalf of the City of Woodburn after authorization by its City Council on date City Recorder: Mary Tennant Public Utility Easements (Permanent) I Page 2 of 4 ~ \ ro EXHIBIT "A" Legal Description of Permanent Easement Beginning at a point on the most Southwesterly line of that certain track of land conveyed to Farmworker Housing Development, Corp. by deed recorded in Reel 2635, Page 465, Marion County Deed Records in Section 7, Township 5 South, Range 1 West, or Willamette Meridian, Marion County, Oregon; said point also being the most northerly comer of lot 27 of Yew Park Addition, in the City of Woodburn. Thence South 48045' East along most Southwesterly line Said Deed Reel 2635, page 465,203.08 feet to the most Westerly comer of that certain track of land conveyed to Ruben and Maura Rodriguez by deed recorded in Reel 1604, Page 156 Marion County Deed Records; Thence North 41015' East along the westerly line of said Reel 1604, page 156, 16.00 feet; Thence North 48045' West, parallel with the southwesterly line, 203.08 feet to a point on the easterly boundary line of Second Street; Thence South 41015' West along said easterly boundary line 16.00 feet to the place of Beginning and containing 3,249.28 square feet of land. Public Utility Easements (Permanent) Page 3 of 4 71 . YHI~IT <..0 0-"; f;:-O 00 00 STARTING POINT 1300 N Second St. ~ <..0 q; c} ~~ RE'o'ISIClNS: WATER UNE LOOP BETWEEN 2ND ST. AND 1ST ST. SKETCH FOR LEGAL DESCRtPTION or PER"'ANENT EASE...ENT NOT TO SCALE ll(SICN[D: ~ o. CNIClA REW:W[I); AI'PRCMD: HORIZONTIIL MT\IU: YEJl"IlCAL MT\AI: CITY or WOODBURN ~ t .. PIlOEf NO. lOClOllQ[ -lO[ M1[ --- c.;; NO. , , SHE[T Of ATTACHMENT "B" AFTER RECORDING RETURN TO: Woodburn City Recorder City of Woodburn 270 Montgomery Street Woodburn, OR 97071 CITY OF WOODBURN, OREGON PUBLIC UTILITY EASEMENTS (Permanent) RUBEN RODRIGUEZ and MAURA RODRIGUEZ GRANTORS, 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 WATER MAIN PIPELINE on the following described land: See attached Exhibit "A" Legal Description of Pennanent Easement and attached Exhibit "B" Sketch for Legal Description of Pennanent Easement 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 one dollar ($1.00), and other valuable consideration, the receipt of which is acknowledged by GRANTOR. GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of the above-granted premises, free from all encumbrances and that GRANTOR and their heirs and personal representatives shall warrant and forever defend the said premises and every part thereof to CITY against the lawful claims and demands of all persons claiming by, through, or under GRANTOR. DATED this Z7 day of ~~\(d ;..r:z:.i , 20JfL. Public Utility Easements (Permanent) Page 1 of 4 73 . .'1 ..... ,-.',"" r I i .:. BY: /2~4-Y7 ~7'~ Ruben Rodriguez BY: ~,,~a. rtJ~ Maura Rodriguez PERSONAL ACKNOWLEDGEMENT STATE OF~, County of Los A~(jfl_ES) ss. The foregoing instrument was acknowledged before me this ~1#\ day o~:~~ \~ i '6,;;'0 ~:a~1I {C. 'IZr,d~ i ~"'2" 1.-RicAR;;o;ANml a: COMM.#1551422" a.. ..... NOTARYPU8UC'CAUFORNlA~ I: LOS ANGELES COUNTY ~ ~_ _~~E.pras-,,~.~~ J!J-. NOTARY PUBLIC FOR My Commission Expires: City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Ruben Rodriguez Maura Rodriguez 1290 North First Street Woodburn, OR 97071 Accepted from on behalf of the City of Woodburn after authorization by its City Council on date City Recorder: Mary Tennant Public Utility Easements (Permanent) Page 2 of 4 74 <WI' '.. '" ~ \ , i I j \ L EXHIBIT "A" Legal Description of Permanent Easement Beginning at the most Westerly comer to that certain track of land conveyed to Ruben and Maura Rodriguez by deed recorded in Reel 1604, Page 156, Marion County Deed Records in Section 7, Township 5 South, Range 1 West, of the Willamette Meridian, Marion County, Oregon; Thence South 48045' East along the Southwesterly line of Said Deed Reel 1604, page 156,30.00 feet; Thence North 41015' East, perpendicular to said Southwesterly line, 16.00 feet; Thence North 48045' West parallel with said Southwesterly line to a point on the Northwesterly line of said Deed Reel 1604, Page 156,30.00 feet; Thence South 41015' West along said Northwesterly line 16.00 feet to the place of Beginning and containing 480 square feet ofland. Public Utility Easements (Permanent) Page 3 of 4 75 ..... ~..."'., .. EXHIBIT STARTING POINT 1300 N Second St. lo- " "" 1 245 North " Fir~t St. " " " " " " " \0 to- Q;-- ,,0 0~ c} (~ N .. 1260 North Fi rst St. Ilt\IlSIONS: PCECI' lID. llIllXIlI-U CITY or WOODBURN WATER UNE LOOP BETWEEN 2ND ST. AND 1 ST ST. SKETCH FOR lEGAl. DESCRIPT10N or PERWA.NENT EASOoIENT OG[ DESICNU); ~ D. GNIQ/\ or T(J IItW:JII]): >CALE ~ HClIllZlltITAI. lW\.U: VDlT1CAL 00\'I\JI0t - DC lID. , , St€[T ~ ~'\ j\ I ~., .IK..~~~[;E biii ~..4oj.. ~ WQ.ODB\l~N rn((Irp"'i11o!J /88'/ 1J/IJ~_ ~ ~ IlF ,~~ . . March 26, 2007 TO: Honorable Mayor and City Council through City Administrator FROM: Ben Gillespie. Finance Director {j;n SUBJECT: Upgrade an Information Services (IS) Technician position to an IS Specialist Position RECOMMENDATION: Approve by motion upgrading the IS Technician position to an IS Specialist position. BACKGROUND: With the resignation of the IS Technician, management had an opportunity to review the organization of the IS Division. It is currently composed of the Manager, a Specialist (non-union pay range 4), and a Technician (AFSCME pay range 13). The Specialist is responsible for network administration while the Technician is responsible for desktop assets. DISCUSSION: An analysis of the current workload concluded that significant efficiencies could be realized by replacing the Technician position with a Specialist position. Cross- training would be facilitated by having two positions at the same grade. Increasingly, the demand for services is at the network level leaving the workforce out of balance with the workload. This change would replace an AFSCME position with a non-union position. The benefit would be in having two positions that could deal with confidential data across all departments. Currently, if the Specialist is unavailable, the Technician cannot work on some applications because of confidentiality issues. Agenda Item Review: City Administrat Finance' 77 , .'. ."" .........., 1" Honorable Mayor and City Council March 26, 2007 Page 2 . . FINANCIAL IMP ACT: The additional cost of labor and benefits for May and June would be $523.00, which can be funded from savings due to the Technician position being vacant for three months. The annualized marginal cost increase would be $3,138. 78 . .'f ..~,.... 1" "~.". '..~'.. ~ WQ.ODBURN l"(.)rp,,r~rfd flUJ9 1J/6~_ ~ L. IlG I~~ . . March 26, 2007 FROM: Honorable Mayor and City counc~ John C. Brown, City Administrator TO: SUBJECT: Appointment of Administrator Pro Tem RECOMMENDATION: It is recommended that the City Council appoint Community Development Director Jim Allen as Administrator Pro Tem for the period of March 27 through March 31, 2007. DISCUSSION: I will be on vacation from March 27-31, 2007. Pursuant to Section 21 (e) of the Woodburn Charter, the City Council shall appoint an administrator pro tem whenever the Administrator is absent from the City. The Pro Tem Administrator shall possess the powers and duties of the Administrator, but may not appoint or remove a City officer or employee except with approval of the majority of the Council. I would like to rotate this responsibility among the department heads, as occasion arises, to give each one some experience in the position. Mr. Allen has kindly offered to accept this assignment and appears to have the skills needed to successfully complete it. FINANCIAL IMPACT: None. Agenda Item Review: City Administrat&---'.,) City Attorney Finance 79 ..' ..~"...<, ..". 1'1 '0"1 -~.-:--- ''''''-:...,. l,-:,;!,-",~,_.'.'~[,r ,-:~ . ..' ~.._. WQ.Q.~JitL~N 1,3A " II t,.' r v;' r ,'1 (d , .,' >I 'J A~t~ . March 26, 2007 TO: Honorable Mayor and City Council through City Administrator VIA: Jim Allen, Community Development Director ra FROM: Breah Pike-Salas, Associate Planner SUBJECT: Planning Commission's Approval of Design Review 2006-18, Conditional Use 2006-05 located at 948 N. Pacific Hwy. -i 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 March 8, 2007, the Planning Commission adopted a final order approving Conditional Use 2006-05, and Design Review 2006-18 for Goodwill Industries to locate at 948 N. Pacific Hwy and construct a new retail/donation center approximately 21,798 square feet in size. The subject site can be identified specifically on Marion County Assessor Map T5S, R1 W, Section 17BA, Tax lot # 400. The property is currently improved with a Roth's Fresh Market building consisting of a retail building which is proposed to be removed, paved parking and vehicle maneuvering area, and site landscaping. The subject property is zoned Commercial General (CG), and is designated Commercial on the Woodburn Comprehensive Plan Map. The property to the north is zoned Commercial General (CG), designated Commercial on the Comprehensive Plan Map, and is the location of Mall 99 (aka North Pacific Plaza), and a sports bar called liThe End Zone". Three properties to the south (across East Lincoln Street) are located in the county, designated Marion County zoning of Rural Commercial Retail (CR), and are the location of Barkleys Buy and Sell. LLC, and single family residential dwellings. Two properties located to the west of the subject site (across Highway 99E) are zoned Commercial General. designated Commercial on the Woodburn Comprehensive Plan Map, and are the locations of Key Bank and a Retail Center. Two properties are Agenda Item Review: City Administrato _ City Attorney t Finane 80 Honorable Mayor and City Council March 26, 2007 Page 2 . . located to the east of the subject site. The first property is zoned Commercial General, designated Commercial on the Woodburn Comprehensive Plan Map, and is the location of the Telecare Recovery Center. The second property is zoned Marion County Rural Single Family Residential, and is the location of a single family residence. No wetlands are located on the subject site and it is located outside of the 500-year floodplain per Flood Insurance Rate Map No. 41 047C0139G effective January 19,2000. The applicant is Goodwill Industries, C/o Deffenbaugh & Associates, P.C The Property Owners are Roth's Fresh Markets, C/o Rich Zielinski DISCUSSION: None. FINANCIAL IMPACT: There is no financial impact associated with the recommended action. 81 , "., '.,. '........, r