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Agenda - 03/10/08CITY OF WOODBURN CITY COUNCIL AGENDA MARCH l O, 2008 - 7:00 P.M. KATHRYN FIGLEY, MAYOR WALTER NICHOLS, COUNCILOR WARD ~ RICHARD BJELLAND, COUNCILOR WARD II PETER MCCALLUM, COUNCILOR WARD III JAMES COX, COUNCILOR WARD IV FRANK LONERGAN, COUNCILOR WARD V ELIDA SIFUENTEZ, COUNCILOR WARD VI CITY HALL COUNCIL CHAMBERS - Z7O MONTGOMERY STREET 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. The filing period for Mayor and Council positions is now open and certified nomination petitions must be filed with the City Recorder by 5:00 pm on August 26, 2008. Positions to be voted upon at the November4,2008 general election are as follows: Mayor: At-large position (2-year term) Councilor- Ward I: Precinct 815 ~4-year term) Councilor- Ward II: Precinct 825 ~4-year term) Councilor- Ward VI: Precinct 865 (4-year term) Candidate filinginformation andformsareavailableatthecity Recorder's office. Appointments: None. 4. PROCLAMATIONS/PRESENTATIONS Proclamations: A. John Brown Day -March 19, 2008 Presentations: B. Aquatics Risk Management Assessment and Recommended Improvements "Habra interpretes c~isponi~i~es Para aquel~as personas que no ~ja~Ian Inyles~ previo acuerc~o. Comuniquese a~ (503) 980-2485.., 1 2 March 10, 2008 Council Agenda Page i 5. COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn School District 6. COMMUNICATIONS 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 maybe enacted by one motion. Any item may be removed for discussion at the request of a Council member. A. Woodburn City Council minutes of February 25, 2008 11 Recommended Action: Approve the minutes. B. Woodburn City Council special meeting/workshop minutes of 19 February 19, 2008 Recommended Action: Approve the minutes. C. Woodburn Planning Commission Minutes of February 28, 2008 27 Recommended Action: Accept the minutes. D. Planning Project Tracking Sheet 35 Recommended Action: Receive the report. E. Building Activity for February 2008 38 Recommended Action: Receive the report. F. Intergovernmental Agreement with ODOT for Environmental 39 Assessment on Highway 214 between Broughton Way and Park Avenue Recommended Action: Informational only. G. Proposed for Property Rental for Farming Operation of 40 Wastewater Treatment Plant Recommended Action: Informational only. H. Highway 214/Settlemier Avenue/Boones Ferry Road Project 42 Update Recommended Action: Informational only. March 10, 2008 Council Agenda Page ii I. Animal Control Ordinance Status 44 Recommended Action: Receive the report. 9. TABLED BUSINESS None. 10. PUBLIC HEARINGS A. Traffic Impact Fee Update (continued from 2/11/08 City Council 45 meeting) Recommended Action: After evaluation of public input, direct staff to prepare an ordinance and any resolutions necessary to adopt and implement the updated Transportation ImpactFees. 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 maybe limited by Mayoral prerogative. A. Council Bill No. 2701 -Ordinance levying assessments for the 54 improvements of Country Club Road between Boones Ferry Road and Astor Way. Recommended Action: Adopt the ordinance. B. Council Bill No. 2702 -Ordinance levying assessments for the b0 improvements of West Lincoln Street between Cascade Drive and Leasure Street. Recommended Action: Adopt the ordinance. C. Council Bill No. 2703 -Ordinance amending Ordinance 19b5 b8 (the Sanitary Sewer and Water Services Ordinance) to provide for new disconnection procedures and setting an effective date Recommended Action: Adopt the ordinance. D. Council Bill No. 2704 -Ordinance repealing Ordinance 23b8 74 (the 2004-05 Master Fee Schedule); adopting the 2007-08 revised Schedule of Fees and Charges for City services; providing for the annual review of said fee schedule; and setting an effective date Recommended Action: Adopt the ordinance. March 10, 2008 Council Agenda Page iii E. Council Bill No. 2705 -Resolution authorizing the transfer of 98 operating contingency appropriations during fiscal year 2007- 08 Recommended Action: Adopt the resolution. F. Tourism and Economic Development Grant 101 Recommended Action: Direct staff to prepare amendments to the Transient Occupancy Tax ordinance and Tourism and Economic Development Grant Guidelines, as necessary, to reflect Council policy. 12. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS-These are Planning Commission orAdministrative Land Use actions that maybe called up by the City Council. 13. CITY ADMINISTRATOR'S REPORT 14. MAYORAND COUNCIL REPORTS 15. ADJOURNMENT March 10, 2008 Council Agenda Page iv 3A PROCLAMATION JOHN BROWN DAY March 19, 2008 Whereas John C. Brown has served Woodburn as City Administrator since September 1998; and Whereas John has brought intelligence, imagination, and integrity to his role as manager of Woodburn's city workforce and advisor to its elected body; and Whereas Woodburn under John's leadership has become more prosperous, more attractive, and more inclusive; and Whereas John is leaving the City to pursue other opportunities, and his Last day with the City wi11 be March 21, 2008; Now, therefore I, Kathy Figley, Mayor of the City of Woodburn, proclaim Wednesday, March 19, 2008, to be John Brown Day. I encourage Woodburn community members to take time that day to wish John well and to thank him for his many accomplishments toward making Woodburn a truly "Great Place to Be." IN WITNESS WHEREOF, I hereunto set my hand and caused the seal of the City of Woodburn to be affixed this 10`h day of March 2008. Kathryd/Fig City of Woodburn 4A r f+~ ~~ ~~DBUR lncor~~cra:er! l8R9 March 10, 2008 T~: Honorable Mayor and City Council through City Administrator FRAM: Jim Row, Community Services Director SUBJECT: Aquatics Risk Management Assessmen# and Recommended Improvements RECGMMENDATIGN: This item is informational only. No action by the Council is necessary. BACKGROUND: The City and its insurance carrier are committed to ensuring that the Aquatic Center meets or exceeds industry-accepted standards of care for public swimming pools. Following the May 2006 drowning incident, the Community Services Department commenced a study of the Center's operations. To assist in this assessment, an American Red Cross representative conducted an Aquatic Examiner Program "initial conference" in September 2007. The entire process resulted in the development of many procedural improvements, which serve to strengthen the Aquatic Center's commitment to guest safety and emergency preparedness. DISCUSSION: This report examines seventeen categories of the Aquatic Center's operation and notes recommended improvements, as it was deemed necessary. In formulating these improvements, American Red Cross guidelines, and Oregon Administrative Rules, Chapter 333, Pub~i'c Swimming Pools, served to establish the applicable standards of care. The improvements are based on the premise that, ultimately, the safety of every Aquatic Center guest falls on the shoulders of the City, Aquatic Center Management, and each individual Aquatic Center employee. Agenda Item Review: City Administrato~J v City Attorney ~~ } Financ 2 Mayor and City Council March 10, 2008 Page 2 Screening, Hiring, and New Employee Orientation Prior to their employment, every potential Aquatic Center employee is subject to a comprehensive screening process, including employment application review, in-person interview, reference checking, prior employment verification (when it exists, and a criminal history background investigation. Only candidates who are at least sixteen years of age will be considered for employment. Candidates who completed their lifeguarding or swimming instructor training at the Woodburn Aquatic Center, will possess a verifiable level of skills. Candidates who completed their training elsewhere, must undergo skills verification, prior to being hired. Once hired, new employees are required to "job shadow" an experienced employee for a minimum of three shifts of at least two hours each in duration. Any performance issues noted by the experienced employee are brought to the attention of Aquatic Center Management. Improvement: To ensure the thoroughness of the skills verification for employment candidates trained elsewhere, a standardized skills checklist will be developed, utilizing the American Red Cross Lifeguard Challenge skill set. A job shadowing manual will be developed, which will establish the required knowledge and performance factors that new employees will be required to possess prior to becoming eligible to work independently. Aquatic Center Management will be required to personally approve the advancement of each new employee. Staff Certifications (lifeguard, AFO, etc.) All lifeguards are required to possess current American Red Cross certification in lifeguard training, first aid, CPR/ automated external defibrillation, oxygen administration, and preventing disease transmission. Currently, three Aquatic Center employees possess the National Recreation and Parks Association's Aquatic Facility Operator (AFO) certification. Each swimming instructor is required to possess current American Red Cross Water Safety Instructor Certification. Aquatic Center management maintains a spreadsheet to monitor the expiration dates of each employee's certifications. Improvement: A head lifeguard training program will be developed to better prepare front line supervisory staff to manage their increased responsibilities. The program will instruct head lifeguards on the techniques for advanced emergency incident management, basic facility operations and maintenance, leadership principles, public relations, and facility policy and procedure compliance. 3 Mayor and City Council March 10, 2008 Page 3 In-service Training In-service trainings are designed to prepare certified lifeguards to manage emergency incidents that might occur at the facility in which they work. The Aquatic Center has conducted at least ten such trainings annually for many years. Each training session is generally two hours in duration and is mandatory for all lifeguards. Improvement: To ensure that the lifeguarding staff maintains "emergency ready" skills, the frequency of in-service training sessions will be increased from ten to twelve per year. With up to 45 part time employees on staff working a variety of schedules, it is difficult to ensure 100 attendance. An in-service attendance policy will be established. A warning will be issued to lifeguards each time they miss an in-service training. Lifeguards will be required to complete a "make up" training session in order to remain eligible to lifeguard. Employees with consistent attendance problems, or those unable to complete the required "make-up" sessions will be dismissed. To meet current OSHA bloodborne pathogens training requirements, American Red Cross "Preventing Disease Transmission" training sessions will be conducted annually, rather than just during the lifeguard's initial certification course. Safety and Rescue Equipment The Aquatic Center carries every piece of safety equipment required by Oregon Administrative Rules, and recommended by the American Red Cross. This equipment, including backboards, rescue tubes, first aid supplies, an automated external defibrillator, and an oxygen administration system is maintained in good condition and is appropriately stationed and accessible to on-duty lifeguards. While the Aquatic Center has some body fluid clean-up supplies, it does not have a "commercial blood spill clean-up kit". Improvement: To ensure that the facility always has the necessary first aid supplies on hand, a checklist will be implemented. When a lifeguard utilizes a first aid supply, they will check it off of the list. Center management will check the list regularly and order supplies before they run low. The Aquatic Center will purchase and maintain a "commercial blood spill clean-up kit". To ensure that the facility and all equipment are in safe operable condition, apre-opening checklist will also be implemented. Communication Equipment and Procedures Lifeguards are provided with whistles and megaphones for communicating with each other and facility guests. Lifeguards are trained on a system of whistle 4 Mayor and City Council March 10, 2008 Page 4 signals, which are important for communicating the nature and severity of emergencies. In addition, an emergency telephone is located on the swimming pool deck for quick access by lifeguards during an emergency. Emergency Action Plan The Aquatic Center trains all lifeguards on the "Emergency Action Plan". This plan provides detailed descriptions of each staff member's responsibility in specific types of emergencies, including procedures for calling 911, communicating effectively with other lifeguards, managing the guest in need, maintaining the safety of the remaining guests, interviewing witnesses, and completing reports. Lifeguards are oriented to the Emergency Action Plan upon hiring, and practice it regularly during regular in-service trainings. In addition, it is posted in the lifeguard office. lifeguard Attentiveness, Rotations, and Scanning Policies The Aquatic Center has adopted the 10/20 standard, which dictates that lifeguards should be appropriately stationed and scanning their zone of coverage so that they will recognize a swimmer in distress within 10 seconds and be able to reach that swimmer and begin providing care within 20 seconds. Studies have shown that fatigue can reduce peripheral vision by 300. The American Red Cross recommends that lifeguards rotate coverage stations at least once every 30 minutes and receive a ten minute break from surveillance duties for each houron duty. The American Red Cross has observed that most drownings at supervised aquatics facilities occur when neither lifeguards nor patrons notice when a victim has slipped below the surface of the water. Generally, lifeguards fail to recognize a victim falling below the surface of the water when one of the components of the RID factor is present. The RID factor consists of Recognition - lifeguards failing to recognize the instinctive drowning response, Intrusion -the intrusion of secondary duties on the lifeguard's primary responsibility of patron surveillance, and Distraction-distraction from surveillance duties. Improvement: In order to prevent vision fatigue, lifeguards will be required to practice a variation of the "5-minute scanning strategy" developed by Dr. Tom Griffiths of Penn State University. The strategy shifts lifeguards from standing to sitting to roving positions once every 5 minutes. Woodburn lifeguards will be instructed to change positions at least once every 10 minutes. Lifeguards who appear inattentive and fatigued to Aquatic Center Management, due to lack of sleep, the effect of medications, and other factors will be immediately relieved of duty until they are sufficientlyrested orrecovered. 5 Mayor and City Council March 10, 2008 Page 5 To prevent the RID factor from contributing to a catastrophic accident, lifeguards will be trained to recognize the instinctive drowning response, will not be permitted to perform secondary duties (facility cleaning, water chemistry tests, etc. J while engaged in patron surveillance, and will not be allowed to engage in social conversations while performing surveillance duties. A lifeguard audit program will be implemented, which will document the level of vigilance demonstrated by on-duty lifeguards. These audits will be conducted regularly by head lifeguards or Aquatic Center management. If an audit demonstrates that a lifeguard failed to meet the required standards of vigilance, immediate corrective action will occur. location of lifeguard Stations The Aquatic Center utilizes three elevated mobile lifeguard platforms SSE, NE, SW), a deck level position at the rope swing/ water slide entrance, and a roving position along the north deep end) wall. The number, age, and swimming ability of swimmers in the facility determine which stations are utilized. The system is designed to be flexible, so that lifeguards can adjust to areas of the pool, which are most heavily used. Aquatic Center policy requires that a minimum of two lifeguards be present before the facility can open to the public. Although, under most conditions, only one lifeguard is stationed at the pool performing patron surveillance. Oregon Administrative Rules require that at east one lifeguard be present for every 40 swimmers in the pool. The Aquatic Center always meets this requirement, and often operates well in excess of it. It has been determined that a blind spot exists in the northwest corner of the pool, directly to the north of the slide exit. This area is easy to monitor when the roving lifeguard is present along the north wall of the pool, but is difficult to see, otherwise. During certain times of the day and year, pool area windows bring in enough light to create a moderate level of glare on the surface of the pool. The problem is exacerbated when swimmers are in the pool disturbing the surface of the water. Glare is a common problem in nearly every public swimming pool. Improvement: To improve the visibility of the "blind spot" in the northwest corner of the swimming pool, a concave mirror will be installed on the north wall, as has been done near the spa. The mirror will be adjusted so that the blind spot is easily visible to lifeguards at the southwest and rope swing/ water slide stations. When glare prevents lifeguards from being able to adequately monitor their area of responsibility, they will utilize tactics to improve visibility, such as the use of elevated platforms and flexible, roving positions. In some instances, 6 Mayor and City Council March 10, 2008 Page 6 additional lifeguards will be positioned at other stations, since different vision angles assist in removing glare. Zones of Coverage Zones of responsibility are established for each lifeguard responsible for providing patron surveillance. When only one lifeguard is providing surveillance, their zone includes the entire facility. When two or more are providing surveillance, the facility is broken up into smaller zones. These zones continue to change as additional lifeguards are placed in service. Zones are designed to overlap to ensure that no area of the swimming pool is ever uncovered. It is important for each lifeguard to know exactly which coverage zone every lifeguard on duty is responsible for. Lifeguards are trained to modify their zones when anotherlifeguard enters thewaterto perform a rescue. Improvement: Detailed zone coverage charts will be developed and posted in the lifeguard office. All lifeguards will be regularly trained on zone coverage responsibility. When rotating stations, lifeguards should check areas difficult to monitor, such as the spa, locker rooms, and saunas. Water Quality Management It is important that proper water quality is maintained at all times. Oregon Administrative Rules establish acceptable ranges for chlorine, pH, alkalinity, and ORP oxidation reduction potential) levels in public swimming pools. If these chemical levels ever fall out of the acceptable ranges, the pool will be closed until the problem can be remedied. Use of Starting Blocks Swim team starting blocks have contributed to a number of shallow-water diving injuries across the country. To reduce the risk to untrained swimmers, the use of starting blocks is reserved for swim team members, and only when under the direct supervision of a swim coach. Use of lifejackets The Aquatic Center encourages weak and non-swimmers to use U.S. Coast Guard rated lifejackets while in the water. In fact, the Center has a sufficient inventory of type II vests available for guests. Improvement: Lifeguards will closely monitor guests wearing lifejackets, as it is a good indicator that they have limited or no swimming skills. Lifeguards will also ensure that all lifejackets are properly fitted and secured to each guest. Deteriorated lifejackets will be immediately discarded. 7 Mayor and City Council March 10, 2008 Page 7 Safety Signage Oregon Administrative Rules require that certain safety rules are posted in areas that are readily visible to patrons entering the swimming pool area. In addition, specific signage should be posted in areas where specific hazards exist, such as near the entrance to water slides. To assist patrons in knowing the water depth at all areas of the swimming pool, the Woodburn Aquatic Center maintains easily visible depth markings along the edge of the pool. Improvement: New facility rules signage in English and Spanish will be posted on the lockerroom walls, near the entrance to the swimming pool area. Additional "No Diving" and "No Running" signs with pictograms will be posted in appropriate areas of the swimming pool. Water slide safety rules will be developed and posted near the entrance to the water slide. Operation of Slide, Rope Swing and Inflatable The Woodburn Aquatic Center operates a water slide, rope swing, and an inflatable water toy. All three features are very popular attractions, but present increased risks, and must be well managed. To ensure that these features are operated in the safest possible manner, guests are only permitted to utilize the slide and rope swing when a lifeguard is present at the feature location. The lifeguard is responsible for ensuring that only one guest at a time utilizes either feature and that they are used in a safe and appropriate manner. Water Turbidity Policy It is imperative that the water clarity is sufficient for lifeguards to easily see objects on the bottom of the pool. Water clarity problems can develop if the filtration or disinfection system malfunctions, or even under extreme bather load conditions. Improvement: If the swimming pool's water clarity ever deteriorates to the point that the main drain grates orany other object on the bottom of the pool are no longer easily visible, the pool will be closed until the problem can be remedied. Visiting Groups Policy The Aquatic Center is used frequently by visiting groups, such as camps, school groups, and childcare centers. These groups generally consist of a large number of young guests, many of which are weak ornon-swimmers. Improvement: To improve the safety for large groups visiting the Center, a visiting groups policy will be implemented. The policy will require that large 8 Mayor and City Council March 10, 2008 Page 8 groups schedule their visit at least one week prior to their arrival. Prior to the group's arrival, Aquatic Center management will contact the group's leader to determine the number, ages, and swimming ability of the groups participants. The Aquatic Center will schedule a sufficient number of lifeguards to ensure that the group will be well supervised. The Aquatic Center will not rely on the visiting group to assume full responsibility for the safety of their participants, while they are visiting the Center. Rather, Center staff will work cooperatively with them to develop an effective means of communicating with and monitoring their swimmers. Upon the group's arrival, facility rules and instructions on the use of lifejackets will be communicated to each individual swimmer. To assist with the process of monitoring large visiting groups, a "designated water watcher" program will be implemented. Water watchers will accept the responsibility for assisting the lifeguarding staff by constantly observing their participants. So they are readily identifiable, water watchers will wear an identifying lanyard. Visiting groups will be asked to provide one water watcher for every 20 swimmers in their group. While water watchers can be a valuable addition to the visiting group surveillance program, The Aquatic Center will never rely on them to perform the responsibilities of alifeguard. Employee Safety To ensure that Aquatic Center employees are reasonably protected from exposure to bloodborne pathogens, they are offered Hepatitis B vaccination upon hiring and at no cost to them. To limit the hazards to Aquatic Center staff, most pool chemical handling is managed by Public Works employees. Management does maintain material safety data sheets ~MSDS) for all chemicals used at the Center. Improvement: Although, Aquatic Center employees rarely handle swimming pool chemicals, they will be trained to manage chemical emergencies. The City is committed to operating the Aquatic Center in the safest possible manner. To this end, the City will continually evaluate the safety of the facility, and its operational procedures. Additional improvements will be implemented as the need is recognized. However, it is important to note that certain risks are inherent to operating an aquatics facility. While the City is dedicated to vigorously managing those risks, no means of prevention can eliminate all risk of a catastrophic incident occurring. 9 Mayor and City Council March 10, 2008 Page 9 FINANCIAL IMPACT: Additional lifeguard training hours, signage, and a concave mirror are anticipated to cost approximately $3,000. The Aquatic Center will fund these improvements within existing budgeted resources. 10 8A COUNCIL MEETING MINUTES FEBRUARY 25, 2008 TAPE RF,AnTNCT 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, FEBRUARY 25, 2008. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0015 ROLL CALL. Mayor Figley Present Councilor Bjelland Present Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Staff Present: City Administrator Brown, City Attorney Shields, Asst. City Administrator Stevens, Public Works Director Brown, Community Development Director Allen, Police Chief Russell, Public Works Manager Rohman, Recorder Tennant 0030 ANNOUNCEMENTS. A) Public meeting to design new play equipment for Hermanson Park I will be held on February 27, 2008, 7:00 p.m., in the City Hall Council Chambers. B) Public meeting to design new play equipment at Burlingham Park will be held on February 28, 2008, 7:00 p.m., at Soul's Harbor Church of the Nazarene located at 3601 Newberg Highway. Mayor Figley encouraged parents and children in the area of Hermanson and Burlingham parks to attend the meeting for their area and provide input on the equipment design. C) Budget Workshop will be held on March 4, 2008, 7:00 p.m., in the City Hall Council Chambers. Mayor Figley also stated that there is still one vacancy on the Budget Committee and urged interested citizens to contact the City Administrator's office for an application. D) Public Hearing to consider updating Traffic Impact Fees (SDC's) is continued to March 10, 2008, 7:00 p.m., in the City Hall Council Chambers. 0090 PROCLAMATION -NATIONAL READ ACROSS AMERICA DAY2008 - MARCH 3, 2008. Mayor Figley read a proclamation declaring March 3, 2008 as National Read Across America Day in Woodburn to celebrate Dr. Seuss's 104th birthday and the community is invited to participate in programs and activities at the Library on Saturday, March 1St, to celebrate this literacy event. 0145 PRESENTATION: 2007 CRIME REPORT. Page 1-Council Meeting Minutes, February 25, 2008 COUNCIL MEETING MINUTES FEBRUARY 25, 2008 TAPE R F A T1TN(~T Police Chief Russell presented the report to the Mayor and Council. He stated that this is the fifth year of the complete year of service of Woodburn's Police Information System which allows the department to gather and track information on crime and offenses within the City and to compare data with other local agencies around the state, around the country, and national trends. In Woodburn, he reported that crime rate is down overall on offenses by approximately 12% this year. There was a marginal increase in violent crime but the City saw a reduction in property crimes of almost 13%. This follows a 24% reduction in property crimes the previous year thereby continuing the trend. Index crimes are looked at by FBI to track overall crime standards and violent index crimes include murder, forcible rape, robbery, and aggravated assault. He stated that arson is not considered a property crime nor a violent crime but in the past has been added into property crimes which is how his department tracks this crime. Except for aggravated assault, there was a reduction in each of the violent crime categories. Property crimes consist of burglary, all types of theft, motor vehicle theft, and arson and the City did see a reduction in all of these areas. The adjusted numbers takes into consideration the increase in population and tracks how the City is doing overall and the four-year average reflects an overall reduction of 9.98% in violent crimes and 8.38% in property crimes. In a comparative summary of Woodburn with other select Oregon cities with a population similar to or greater than Woodburn, the City is above some similar sized cities but below many of them and certainly below all of the metro areas. He also stated that the numbers on the survey reflect 2006 data since the 2007 data has not been released yet from the other agencies. The Woodburn data does reflect 2007 crime statistics since this information was pulled from the City's system. He provided statistical information on clearance rate of cases in both violent and property crimes for 2006 and 2007. It was noted that motor vehicle theft is the only area in which the clearance rate was less than 2006 and the City has outpaced the West Coast in clearance rate that the FBI is reporting in all areas. He provided an update on the methamphetamineisue and its affect on crimes committed such as fraud and identity theft, embezzlement, theft of all types, and other property/persons crimes such as burglary and assaults. He stated that his department has seen several gang offenses but this is also a problem in the metro area and some of the fallout lands in our area when individuals with gang affiliation come into town to try and resolve their issues that may have occurred somewhere else. He also reviewed a chart outlining the top ten incident types responded to by the Police Department in 2007 with the top four incident types being traffic (7,199), public assist (1520), suspicious cases (1470), and self-initiated contact (887). Future strategies for the department will be to continue their assault on crime through enforcement activities, prevention with the Weed and Seed project, and education by strengthening neighborhood connections through police patrol districts and upcoming Citizens Police Academies. The department will also be looking to enhance their patrols which will include the downtown core area (District 2), continue with gang suppression through enforcement and intervention, and reaching out to the community with District meetings, Page 2 -Council Meeting Minutes, February 25, 2008 12 COUNCIL MEETING MINUTES FEBRUARY 25, 2008 TAPE R F A T1TN(~T projects, and strategic planning. He stated that community involvement is necessary which involves coming forth to be a witness and testify in court if the need arises to turn a case into a conviction. In summary, he felt that the statistics provide a positive message about crime reduction within our City but there is concern about the future with a reminder that it is important to stay vigilant especially in the front of gangs and gang violence. Mayor Figley reminded the public that if they see something of concern they are encouraged to call the police even if it is just to provide information since that information may lead to solving a case. 0566 CHAMBER OF COMMERCE. Don Judson, Executive Director, provided updated information on the following: 1) Greeter's Program will be held at Leisure Time Day Spa on February 29th and at Miles Chevrolet on March 7th; 2) The Distinguished Service Awards banquet will be held on March 14th at Wellspring with a 6:00 pm social and dinner at 7:00 pm. He encouraged attendees to purchase their tickets early since there generally is a rush of people wanting to purchase tickets once the winners are announced in the March 4th newspaper. 3) In regards to the proposed Woodburn Area Visitor's Association (WAVA), bids have been received from a couple of companies to produce materials and, from that, a budget has been prepared which the Chamber Board approved last Wednesday. Based on the City Administrator's recommendation, he would like to come to the next regular Council meeting withe the proposed budget and a request for Transient Occupancy Tax (TOT) funds for the July 2008 through June 2009 period at the same level as this year with very specific things to be accomplished. The Chamber has had financial challenges over the last several months and in order for them to complete surmounting those, the Chamber will need to operate for about six months this year without an Executive Director compensation. Members of the Board will take over various parts of the Executive Director job. The Board also approved hiring him as the permanent Executive Director starting October 1, 2008 and he will take a leave of absence to work on the Youth Golf program then will resume his position in October. Councilor McCallum questioned where the City is at in the TOT grant fund process. City Administrator Brown stated that April 1st would be the normal time for issuance of a Request For Proposal (RFP) but he has discussed with Mr. Judson the possibility of getting something before the Council before the end of March so that the Council would be in a position of making a decision as to whether or not to diverge from the path taken in the past and directly give it to an organization which would require an amendment as well as some guideline changes or to follow the RFP process. Mr. Judson stated that one of the challenges in the grant request has been that the Chamber spends the money then they receive reimbursement from the grant funds. However, WAVA will be by itself and they have no money at this time to pay anyone for Page 3 -Council Meeting Minutes, February 25, 2008 13 COUNCIL MEETING MINUTES FEBRUARY 25, 2008 TAPE RF,AnTNCT services provided to the Visitor's Center. Councilor McCallum expressed concern about not giving other organizations an opportunity to obtain some grant funds to promote City tourism activities. Mayor Figley stated that the issue can be discussed at the next meeting and requested that the material be submitted to the City and distributed with the agenda packet materials. 0760 CONSENT AGENDA. A) approve the regular and executive session minutes of February 11, 2008; B) accept the Recreation and Parks Board draft minutes of February 12, 2008; C) receive the Planning Project Tracking Sheet dated February 21, 2008; D) receive the 2007 Crime Statistics report; E) receive the Police Department Statistics report for January 2008; F) receive the Code enforcement Statistics report for January 2008; and G) receive the Community Services Department Statistics report for January 2008. NICHOLS/MCCALLUM... adopt the Consent Agenda as presented. The motion passed unanimously. 0789 PUBLIC HEARING: COUNTRY CLUB ROAD STREET IMRPOVEMENT BETWEEN BOONES FERRY ROAD AND ASTOR WAY LOCAL IMPROVEMENT DISTRICT (LID) FINAL ASSESSMENTS. Mayor Figley declared the public hearing open at 7:33 pm. Public Works Director Brown presented the staff report on the proposed final assessment of the Country Club Road improvement between Astor Way and Boones Ferry Road. He stated that staff did not receive any public communications to the Public Works office regarding this hearing. The project was authorized by the Council in July 2006 and the scope of the project consisted of constructing two travel lanes per City standards, bike lanes on both sides of the street, and there is no on-street parking. The improvement included curbs, surface water management, street lighting, and undergrounding utilities. The estimated project cost was $452,500 with the benefitting property share being $273,300 and the City's share being $179,200. The actual project expenditure was $506,934.12 with the cost over run being absorbed by the City since the LID ordinance guarantees the benefttted property owners a fixed assessment amount. Within the benefitting property share, there is a $67,000 assessment for all lots associated with the Heritage Park subdivision. Of the City's share of the cost, $54,200 will be paid from Traffic Impact Fees (TIF), $7,650 from Gas Tax, and $171,784 from the Street /Storm Capital Improvement Program. Councilor Lonergan questioned what the cost over run might have been attributed to. Director Brown stated that he did not have specific information on this project but stated that what usually occurs in this situation is an understanding of the scope of work that is involved and there may have been additional improvements that were not well defined. However, the amount of the cost over run is a reasonable amount for a project of this Page 4 -Council Meeting Minutes, February 25, 2008 14 COUNCIL MEETING MINUTES FEBRUARY 25, 2008 TAPE RFAnTNCT 1080 size. Councilor Cox questioned if the $67,000 paid by the Heritage Park developer is an amount equal to the same share based on the formula within the ordinance as other benefitted property owners will be required to pay who are not in Heritage Park. Director Brown stated that he would confirm the methodology to make sure that it was equitable but he feels that staff was very thorough in looking at the methodology for applying the formula equitably. Councilor Cox stated that it was his recollection that the same formula was used on all parcels within the LID so that no one was being treated differently. City Administrator Brown referred back to the Boones Ferry Road LID project where the developer of Heritage Park had paid a portion of that road improvement but property owners within that subdivision still had to pay about one-half of the cost of the assessment to their specific property. No one in the audience spoke either for or against the proposed final assessment. Mayor Figley declared the public hearing closed at 7:40 pm. Councilor Bjelland stated that a 10% cost overrun is not uncommon and this amount is less than what ODOT is experiencing with their construction projects. COX/SIFUENTEZ.... staff draft an ordinance to establish the final amounts. The motion passed unanimously. PUBLIC HEARING: WEST LINCOLN STREET IMPROVEMENT BETWEEN CASCADE DRIVE AND LEASURE STREET LOCAL IMPROVEMENT DISTRICT (LID) FINAL ASSESSMENTS. Mayor Figley declared the public hearing open at 7:42 p.m.. Public Works Director Brown stated that he did receive a telephone from one individual inquiring about the reimbursement process and he did share with that individual that reimbursements will be made to current property owners. Ordinance No.2341established the LID in July 2003 with the project scope being to widen the roadway to 34 feet with parking on both sides of the street, curbs, sidewalks, ADA ramps at intersections, and street lighting. The estimated project cost was $194,500 with the actual construction cost being $166,074. The City contribution for the project was $40,000 plus a $711.14 cost for wetland acquisition. Benefitting properties that have paid the estimated assessment listed in Ordinance No. 2341 will be reimbursed for the difference between the estimate and final assessment amount. In this particular LID, some of the assessments in the original LID were applied to undeveloped property which has since developed and the methodology being applied for reimbursement is to apply the original estimated contribution to the actual parcel that were developed and then compute what the final assessment will be for each one of those particular parcels based upon the reduced project cost. No one in the audience spoke either for or against the proposed final assessment. Mayor Figley declared the public hearing closed at 7:46 p.m.. Page 5 -Council Meeting Minutes, February 25, 2008 15 COUNCIL MEETING MINUTES FEBRUARY 25, 2008 TAPE RFAnTNCT COX/NICHOLS... approve the proposed assessment and direct staff to prepare an ordinance for Council action to establish these final assessments. The motion passed unanimously. 1222 COUNCIL BILL N0.2700 -ORDINANCE APPROVING FISCAL YEAR 2007-08 SUPPLEMENTAL BUDGET ADJUSTMENTS. Councilor Sifuentez introduced Council Bill No. 2700. 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. 2700 duly passed with the emergency clause. 1262 CITY ATTORNEY EMPLOYMENT AGREEMENT.. City Attorney Shields declared a conflict of interest since this is his employment agreement and he is unable to provide legal advice in regards to this agreement. He stated that he did draft the agreement and he could discuss re-drafting the agreement if necessary. Councilor Cox stated that he has read the agreement and feels that it does incorporate the things that the Council said they were willing to do at the previous meeting. NICHOLS/MCCALLUM....authorize the Mayor to execute Addendum "F" of the employment agreement with N. Robert Shields. The motion passed unanimously. 1304 APPOINTMENT OF ADMINISTRATOR PRO-TEM. Administrator Brown recommended the appointment of Police Chief Russell as Administrator Pro-Tem while he is out of the office for the remainder of the week. BJELLAND/LONERGAN ... appoint Police Chief Scott Russell as Administrator Pro Tem for the period of February 26 through February 29, 2008. The motion passed unanimously. 1325 WATER SERVICE DELINQUENT AND SERVICE INTERRUPTION FEES AND NOTICE. Mayor Figley stated that the agenda packet includes a report on the subject of delinquent and service interruption fees and notice. She stated that there are suggestions made and this is an opportunity for the Council to have some policy discussion either at this meeting or in the future as to whether or not something should be done differently. Councilor Cox agreed that the red tag is not a good practice to hang on the door especially in those cases where a person inadvertently or rarely has an emergency and does not pay on time. On the other hand, there are some customers who do not bother to pay the bill until they get the red tag. If the staff recommendations are adopted, there will still be some customers who will get their water turned off and will have to pay additional fees. BJELLAND /COX ...direct staff to draft an ordinance amendment to make changes to Page 6 -Council Meeting Minutes, February 25, 2008 16 COUNCIL MEETING MINUTES FEBRUARY 25, 2008 TAPE RF,AnTNCT water billing delinquency procedures and charges as outlined in the staff report. The motion passed unanimously. City Administrator Brown stated that the Council will see a simple amendment to the ordinance that would suggest that this would be addressed through the Master Fee schedule rather than identifying specific fees in the amendment. The Master Fee schedule will be coming before the Council within the near future and it will have a new section dealing with water rates and fees. 1405 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Community Development Director's approval of Design Review 2007-10, located at 770 N. Pacific Highway: Design Review application approved subject to conditions, for a proposed furniture store in the existing building. The application addresses a portion of the nonconforming improvements on the property to an existing building and site which were completed prior to this property being annexed to the City. Community Development Director Allen stated that this would be a new and used furniture store formerly based out of Portland. Councilor McCallum questioned if there is a possibility that the proposed store ends up being something different now that they have received approval. Director Allen stated that a change of use is always a possibility and, in the past, this property has been used as a car dealership and a fruit company . The structure was originally built when the property was still in Marion County and, as a result, it does not have all of the improvements normally associated with property inside the city limits such as parking and landscaping areas. The owners are leasing the property out to someone who wants to operate this furniture business, therefore, the tenant may change in the future but this land use decision will move toward making this property look more like property that has gone through a City review for a land use application. In this particular case, one of the provisions of the Development Ordinance is anon-conforming structure clause that allows a limited number of items to be reviewed and, in an effort to bring the property into compliance with those particular improvements, the applicants were dealing with loading, landscaping, refuse facilities, buffer walls, and parking. The conditions also focus on any safety related issues that the Building Code may have such as the required placement of a water fire hydrant on their side of the street in lieu of extra fire sprinklers in the building to meet Fire Code. 1580 CITY ADMINISTRATOR'S REPORT. A) City Administrator Brown stated that employment contracts with the Police Chief and City Recorder will be up this June and both contracts have provisions that indicate they are to give him notice if they are interested in extending their contract. He has spoken to both individuals and he intends to re-negotiate or at least re-create an extension on these Page 7 -Council Meeting Minutes, February 25, 2008 17 COUNCIL MEETING MINUTES FEBRUARY 25, 2008 TAPE RFAnTNCT 1613 two contracts so that they can continue their employment with the City. MAYOR AND COUNCIL REPORTS. Councilor McCallum requested that background information be provided to the Council if staff is recommending that Council consider deviating from the procedure on the TOT funds since he wants to be able to keep the door open for other organizations to receive funds. City Administrator Brown stated that he will be giving the Council a full background report on this issue at the next meeting so that they can make a decision on this issue. He will also try to meet with Mr. Judson prior to the next meeting to see if they can come in with an agreed proposal. Councilor Bjelland stated that he had testified before the House Committee on Transportation on transportation issues and the role of Area Commissions on Transportation (ACTS). He felt that his comments went over very well and stated that he tried to make the Committee aware that there is a serious financial funding issue and there needs to be new sources of revenue for financing transportation infrastructure. Councilor Sifuentez stated that she will be out of town March 7-16, 2008, therefore, she will not be at the March 10th Council meeting. 1717 ADJOURNMENT. COX/MCCALLUM ... meeting be adjourned. The motion passed unanimously. The meeting adj ourned at 8 :04 pm APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 8 -Council Meeting Minutes, February 25, 2008 18 8B SPECIAL COUNCIL MEETING /WORKSHOP MINUTES FEBRUARY 19, 2008 TAPE RF,AnTNCT 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, FEBRUARY 19, 2008. CONVENED. The special meeting convened at 6:33 p.m. with Mayor Figley presiding. 0010 ROLL CALL. Mayor Figley Present Councilor Bjelland Present Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present (6:37 pm) Staff Present: City Administrator Brown, City Attorney Shields, Police Chief Russell, Asst. City Administrator Stevens, Community Development Director Allen, Police Captain Tennant, City Recorder Tennant 0025 CITY ADMINISTRATOR RECRUITMENT. Mayor Figley stated that this special meeting was called in the event the Council elected to take some formal action, however, her main purpose for this meeting is to receive an update from the City Administrator on the status of the Request for Proposal (RFP) process for a recruitment firm, the approximate time line in getting responses back from potential firms, when the Council could act on the RFP's, and what the Council may want to do in the meantime. City Administrator Brown stated that the RFP's were distributed last Wednesday afternoon to 6 private consulting firms and to the League of Oregon Cities. Based on the discussion at the last Council meeting, the RFP's were broken up into 2 parts with the primary thrust being what it will take to do a recruitment for a new Administrator and the second part, which is an alternative, would tell the City how the firm would go about, and cost for, an Interim Administrator whether it be afull-time or part-time position. He stated that the League of Oregon Cities was included in the mix since they have a better idea as to who might be available in Oregon for doing interim City Manager work. The turnaround time for submitting proposals is March 7th. If it is needed, some interviewing of firms can be done as well as background checking on those firms that are most qualified and the City has reserved the right to make a straight selection of a firm to do the work. He anticipates that it will take 3 months of work from the time the firm is hired to get the initial process in place and it could take 6 months before a selection is made on a candidate. He stated that discussions have taken place regarding a current staff member filling the interim position, specifically Chief Russell, but the Chief has some issues dealing with his certification and PERS impacts if he were to take on this interim position on an extended basis such as 6 months. He recommended that the Page 1-Special Council Meeting /Workshop Minutes, February 19, 2008 19 SPECIAL COUNCIL MEETING /WORKSHOP MINUTES FEBRUARY 19, 2008 TAPE RFAnTNCT Council not make any choices at this meeting regarding the interim position and wait until the proposals are received before any decision is made. Mayor Figley stated that the Council will know how many responses to the RFP's have been received by the first meeting in March and the Council may want to consider appointing the Chief as Interim City Administrator for a period of time long enough to get an outside interim on board if that was the Council's decision. Administrator Brown briefly reviewed issues faced by Chief Russell if he were to be appointed for an extended time period and the only way he could preserve his PERS service credits is to be both Police Chief and Interim City Administrator which is asking a lot of the of Chief with taking on a new assignment and his wanting to get the police facility finished within the next few months. He suggested that the week of March 17tH be kept open for a potential special meeting at which time the Council would appoint an Interim City Administrator as well as appointing a firm for the recruiting job. 249 Mayor stated that the concern is that the last time the City had an interim there were some very poor decisions made and if an interim is hired, it is absolutely critical that the interim be on the shortest possible leash. Councilor Bjelland questioned if the City could offer the recruiting portion to one firm and the interim portion to another firm. Administrator Brown stated that the Council would have the flexibility in handling it in that manner. Councilor McCallum stated that he feels comfortable with the direction being taken since there is some flexibility in how a decision is arrived at by the Council. Administrator Brown stated that the list of firms receiving the RFP's is significantly shorter than what has been used in the past based on previous experience, however, he felt that the firms receiving proposals have the capability of servicing an Oregon city and will do the best work for the City. 337 ADJOURNMENT INTO COUNCIL WORKSHOP ON CHANGES TO THE ANIMAL CONTROL ORDINANCE. NICHOLS/LONERGAN.. adjourn into a Council workshop. The motion passed unanimously. At 6:47 p.m., the Council convened into the workshop session. 380 Mayor Figley stated that this draft ordinance had been distributed to the Council over a month ago and, due to the complexity of the issue, it was determined that the discussion on the draft be done in a less structured environment. City Attorney Shields reiterated that the Council is not in a public hearing and the process followed can be determined by the Mayor, however, staff is prepared to provide a brief overview of the written information provided in the agenda packet. 478 Councilor Cox referred to Section 15 (Keeping of Dog pursuant to Court Order Permitted) and questioned the meaning of this section since Sections l lthrough 14 Page 2 -Special Council Meeting /Workshop Minutes, February 19, 2008 20 SPECIAL COUNCIL MEETING /WORKSHOP MINUTES FEBRUARY 19, 2008 TAPE R F A T1TN(~T defines different levels of dangerous dog penalties based on how dangerous the dog is. City Attorney Shields stated that there was a concern raised by the Police Department in the event that a dangerous dog has gone through a classification process and then the court issues an order putting parameters on the dog. The intent of Sectionl5 is to say that an owner could keep a dog that had engaged in an unlawful behavior provided that it had gone through the process and the court had issued an order that would allow the owner to keep the dog. Councilor Cox then referred to Section 17 (Disposition of Level 4 Dangerous Dog Cases; Disposition Hearing) and questioned how Section 15 adds anything that is already in Section 17. City Attorney Shields stated that Section 17 talks about the most dangerous dogs (Level 4) which has caused serious injury to a human or has killed a cat or a dog. This section addresses the disposition of a dog in this category whereas the intent of Section 15 is that if a dog is allowed to go back to the owner and has restrictions, then it can be kept by the owner pursuant to the court order. Police Chief Russell stated that the Municipal Judge rules on the level of dog based upon the ordinance provisions and once that level has been established, the dog is at that level forever. If dog is at a particular level and is kept by the owner without a court order, then the owner is in violation of the ordinance. Section 15 would allow a dog at any Level to be kept by the owner as long as a court order is in place and as long as the terms of the order are met by the owner. Councilor Cox questioned if there was any provision that defines any penalties in the event the conditions of the court order are violated. Police Chief Russell stated that his interpretation of the draft ordinance would be that the dog is not being kept lawfully pursuant to the court order, therefore, the owner would be keeping a Level 1 through 4 dog and would then be in violation of the ordinance. Councilor Bjelland referred to Section 16 (Disposition of Dangerous Dog Cases) in that item 2 requires an owner to keep the dog in a secure enclosure and confine the dog whenever it is not on a leash. He suggested this Section goes counter to Section 13 which says that it is unlawful for a person to keep a Level 3 dog. 0677 Attorney Shields stated that Section 16 outlines what the Court can order for any Level 1, 2, or 3 dog and if the court does impose the a specific order in addition to the penalty, then this would be where Section 15 would be applied. He mentioned that this ordinance not only has a potential for a fine but it does allow the court to secure and/or confine a dog in an appropriate case. He also mentioned that the Judge is aware of the draft ordinance being reviewed by the Council and has seen previous drafts of this document in an effort to obtain any comments she may have on the proposed ordinance. Councilor Bjelland suggested that Section 10(A) (Classification of Dogs by Municipal Judge) include language that the judge not only classify dangerous dogs but also stipulate that the judge can then determine the disposition of the dogs. Attorney Shields felt that the ordinance already addresses the disposition since Section 10 deals with classification of dogs and different levels while Section 16 addresses what the Judge can do in terms of addressing dangerous dogs. Section 17 specifically Page 3 -Special Council Meeting /Workshop Minutes, February 19, 2008 21 SPECIAL COUNCIL MEETING /WORKSHOP MINUTES FEBRUARY 19, 2008 TAPE R F A T1TN(~T addresses a level 4 dog and requires an extra disposition hearing before a final decision is made by the Judge. 0826 At 7:03 p.m., Mayor Figley requested that staff provide a brief overview on proposed changes to the animal ordinance. Attorney Shields stated that the City has gone through a public process on this draft ordinance and have noticed this meeting to give the public an opportunity to express their views to the Council. He stated that the current ordinance is very old and has been amended periodically over the years but has never been fully reviewed to bring it up to date. He stated that the ordinance consists of a legal component, an operational component, and a policy making component. Staff has tried to make some decisions relating to policy but the Council will make the final decisions which will be reflected in an adopted ordinance. For example, under state law, the Council has the authority to completely prohibit the keeping of wildlife and exotic animals and based on previously received feedback from the Council, the draft ordinance includes a section that would prohibit the keeping of these animals. Within Section 4, a policy decision will need to be made on limiting chickens or ducks since there was an issue that was previously addressed by the Council. Another issue had been brought up by the Council previously in that the ordinance prohibits livestock but fowl is included in livestock. However, fowl is undefined and, even though it is undefined under State law, the Council could still define fowl. In Section 2(A)(8) relating to constrictor snakes, he agreed with Councilor Cox that the language should refer to length rather than size and some further discussion should be held on this issue before a final ordinance is considered by the Council. In regards to issues addressed by state criminal law, he stated staff tried not to put those issues in the draft ordinance since staff would operationally address it through the criminal law. As mentioned earlier, the Municipal Judge makes the decision on classifying the level of the dog. In extreme cases, a special disposition hearing for due process is provided and if the dog has been found by the Judge to be classed as level 4, disposition options are euthanizing the dog, ordering that the dog be sent to a secure animal shelter at the owner's expense, or the dog be removed from the City under a specific process outlined in the ordinance. 1179 Police Chief Russell stated that public notice process involved sending out notices of upcoming Council review of the draft ordinance and staff did receive some requests for copies of the draft ordinances. Some public comments were received regarding chickens and ducks in that some residents did not want to see those animals allowed in the City. Dangerous dogs is of most concern since there have been cases involving these animals and, even though the current ordinance works, it is antiquated and needs to be updated to deal with cases in a fair manner. There is not a lot of state statute dealing with vicious animals and it is left to the local authorities to address. In his opinion, this ordinance addresses operational concerns and gives the City the tools it needs to protect the public and to help good animal owners follow the law. Councilor Cox stated that this ordinance has been briefly discussed in the past and, in earlier discussions, it was his recollection that there were conflicts between the current Page 4 -Special Council Meeting /Workshop Minutes, February 19, 2008 22 SPECIAL COUNCIL MEETING /WORKSHOP MINUTES FEBRUARY 19, 2008 TAPE R F A T1TN(~T animal ordinance and some provisions of the community development ordinance such as chickens. Attorney Shields stated that there were some issues raised since there are parts of the Woodburn Development Ordinance that address uses in terms of animals. Councilor Cox questioned if a new ordinance is adopted if an amendment to the Woodburn Development Ordinance would be required to eliminate the conflict. Attorney Shields expressed his opinion that adoption of this ordinance would eliminate most of the conflict. For example, this ordinance would prohibit livestock on the property when it is annexed to the City. Staff will be looking closely at the development ordinance to deal with any conflicts that may arise. Community Development Director Allen stated that the Woodburn Development Ordinance allows farm use except livestock and he does not feel that this ordinance will cause any problem with the development ordinance as it is written. Councilor Cox stated that the general law relating to the keeping of animals does not belong in the Woodburn Development Ordinance but there may need to be a provision in the development ordinance to deal with newly annexed property. Councilor Bjelland questioned the definition of livestock and his reading of the language makes it unclear as to whether an animal that is not bred for commercial purposes and is a pet can be kept by an owner even though it is on the livestock list of animals. Attorney Shields stated that the definition is out of the state law, however, some change can be made to the definition to make it more clearer. 1445 Under Section 2 (Keeping of Certain Animals Prohibited), Councilor Cox mentioned that snakes that are allowed must be kept in enclosures indoors and this ordinance should prohibit boa constrictors, pythons, and anacondas that have a maximum length at maturity of a specified size. However, there are other large snakes such as a bull snake that would acceptable but under the draft ordinance would be prohibited. He felt that one way of addressing this issue is to have language that would have the length of any snake over 5 feet long or any boa constrictor, python, or anaconda. This would allow residents to have a pet snake that is not specifically prohibited in the ordinance. Councilor McCallum stated that the Livability Task Force had looked at potential revisions to the current ordinance several years ago and snakes were at the top of their list of an animal to prohibit. 1566 Barbara Cannon stated that she had read the draft ordinance and complimented staff on how well-written the draft ordinance is, however, she did suggest that puppies and kittens should not be given away in public places. She stated that adopting an animal is a long term commitment but a spur of the moment decision to take an animal that is being given awary for free may result in the animal not being properly cared for. Tamara Deere also thanked the staff who wrote the draft ordinance and stated that she is a committed dog owner and shows her animal at competitions. After reading the draft, she did not feel that she would be losing any of her rights and appreciated the allowance of chickens and ducks provided that these animals are not causing any problems. She questioned if there was a possibility of a grandfather clause for those individuals who Page 5 -Special Council Meeting /Workshop Minutes, February 19, 2008 23 SPECIAL COUNCIL MEETING /WORKSHOP MINUTES FEBRUARY 19, 2008 TAPE RF,AnTNCT currently have animals on the property that are not causing a nuisance but would be prohibited under the ordinance if it is adopted. Nadean Cox questioned if a chain linked fence serving as a security enclosure needs to be padlocked. Attorney Shields stated that this ordinance addresses apro-active process where the Judge can classify a dog's behavior. If you have a good dog and you keep your dog on your property there is no requirement to padlock your fence. If your dog would get into trouble and the Judge would issue a court order, then the secured enclosure would be dependent upon what is included in the court order. Ms Cox also stated that her dog is about the size of a Beagle and sometimes she feels fearful for walking her dog since there are so many larger dogs and is concerned not only f or her dog but f or herself . Mayor Figley reminded the public that there are laws on the books that prohibit animals running at large and she also has a problem with unleashed dogs that act aggressive. 1785 Herb Mittmann stated that their Homeowners Association will be talking about animals at large in their area and he wanted to make sure that they are consistent with what the City is proposing. He had been confronted by two pitbulls the other night and felt that it was time to let the owners know that pets are appreciated but they need to take care of their animals just like they do their children. In Section 5 (Duties of Animal Keepers), leashes are 30 feet or longer and animals will go over private property and leave their excrement or solid waste deposited on private property. The animal owner does not pick up the solid waste leaving it for the property owner to take care of. In his opinion, the animal owner should be required to pickup the solid waste that is deposited on private property rather than just requiring the removal of the solid waste from public property as stated in the draft ordinance. He also stated that they have the front yard of one lot in their neighborhood that has not been cleaned for 4 months and the solid waste is piled up and, even though the neighbors can mention the problem and request that it be cleaned up for health reasons, the property owner still does not clean up the animal's solid waste. He reiterated that the issue of allowing animals to run on private property even though they are on a leash and the removal of solid waste need to be discussed further before the ordinance is adopted. He also questioned where within the ordinance are the fines outlined based on the level of violation. Councilor Cox stated that the ordinance does provide for penalties based on the type of violation whether it be a Class 1, 2, 3, or 4 civil infraction and the dollar amount assessed with the civil infraction class level is adopted within a different City ordinance. Since the City has multiple ordinances with class levels 1 through 4 as penalties, it is easier for the City to adopt one ordinance that would adjust the fines of each class level as needed. City Attorney Shields stated that the lowest fine within this ordinance would be $125 and animals with behavior problems will be more expensive. The court does have some discretion as to how much is levied as a fine. Chief Russell stated that he would provide Mr. Mittmann with a copy of the ordinance listing the fines for each civil infraction level. Page 6 -Special Council Meeting /Workshop Minutes, February 19, 2008 24 SPECIAL COUNCIL MEETING /WORKSHOP MINUTES FEBRUARY 19, 2008 TAPE RFAnTNCT Councilor McCallum questioned if there was some guideline used by the Police Department to determine when a barking dog violation occurs. In some cases a dog will bark periodically for a few minutes but it is the consistency that creates a problem for the neighbors. Chief Russell stated that the draft ordinance provides more direct and reasonable language to determine a barking dog violation. The City also has the ability to go back and claim that it is an on-going continuous problem which should fall under the Noise Ordinance instead. 2079 Mayor read a letter from John and Teresa Timmons objecting to keeping chickens or ducks within the City due to the damage they due to neighboring properties if the chickens or ducks run loose. Councilor Nichols questioned if a dog howling is classified the same as dog barking. Mayor Figley stated that it was her recollection that there were a number of identical terms such as barking, howling, and braying within the draft document. Councilor Nichols questioned as to what was considered as public areas since there are churches, parks, and other open ground areas that are used by the public. Attorney Shields stated that there was no definition for public areas in the draft document and he will see what can be done to define this area. In a case where there is excrement (solid waste) in a front yard and it is odorous within the neighborhood, it may be a violation under the Nuisance Ordinance. Councilor Cox agreed that an animal owner should be required under this ordinance to remove excrement if it is on private property of someone other than the animal owner. It was the consensus of the Council to include language in the ordinance on excrement removal on private property and public areas. Councilor Bjelland questioned the impact of a violation under this ordinance. Attorney Shields stated that under the ordinance the normal process is the issuance of a citation into Municipal Court. Councilor Cox questioned if there was anything in this ordinance or in the Civil Infraction ordinance that increases the mandatory penalty for repeat offenders. Attorney Shields stated that this ordinance does not have a provision that would increase the mandatory penalty. The Court prefers to have the civil infraction amount set high enough so that there is some discretion by the Judge on the fine levied and, with repeat offenders, the Judge takes a harder look at the fine to be levied. Police Chief Russell stated that his department has asked the City Attorney's office to appear in court and represent the department on repeat cases. 2335 Councilor Cox felt that, overall, the ordinance is a good document but needs some fine- tuning. One policy decision within this ordinance that has caused him to hesitate a little pertains to running at large. When he walks his dog, it is almost always on a leash, however, there are times when he takes his dog off of the leash close to his home as part of a training exercise. If this ordinances passes as it is currently written, taking the dog off the leash will be illegal. Another option available to the Council would be for the Page 7 -Special Council Meeting /Workshop Minutes, February 19, 2008 25 SPECIAL COUNCIL MEETING /WORKSHOP MINUTES FEBRUARY 19, 2008 TAPE RFAnTNCT animal to be under the control of the owner at all times but there are situations that control is lost fairly quickly. Councilor McCallum expressed concern that small dogs can do as much harm as a large dog and the leash will keep a dog under the owner's control. Attorney Shields stated that the animal ordinance prior to 1996 did have a voice command provision but then the ordinance adopted in 1996 went to requiring a leash. 2554 Councilor Cox briefly reviewed, and offered his opinions, on the following suggestions: 1) In regards to prohibiting animals being given away in public, he could go either way on this issue; and 2) In regards to a grandfather clause allowing existing non-conforming uses, he would not be in favor of including this provision since there will always be a question as to how long that animal has been at that property. Councilor McCallum stated that he has received many complaints on chickens and fowl and does not want to see these animals allowed in the ordinance since their noise is a problem. In the past he has questioned why cats are not included in the ordinance and, to date, there is still no answer to this issue. In the case of a dog's solid waste, owners need to carry some type of device or plastic wrap to pickup the excrement. Overall, he was pleased with the draft ordinance. 2678 Councilor Cox expressed his opinion that a limited number of chickens be allowed provided that they are kept in an enclosure and the owners do not have roosters. Attorney Shields stated that he could draft language that would require chickens to be kept in enclosures, however, the at-large provision in the draft ordinance would apply to any animal in the City. Councilor McCallum stated that he would prefer to allow neither ducks or chickens but if anything is allowed it would be the limited number of chickens. 2872 ADJOURNMENT. NICHOLS/MCCALLUM.... meeting be adjourned. The motion passed unanimously. Meeting adjourned at 8:05 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 8 -Special Council Meeting /Workshop Minutes, February 19, 2008 26 8C w~~3DBC1F~l~1 PLAI'~NI(~~ Ct~~~[S~1~]~ ~FFT1~~ l~ll~ February 2~, boo C~3NVE~BD the Penning Commission met in ~ regular session Council Chambers with Vice~Chair erson Bandeiaw presiding Cor~rnissioner Jennin sled the salute to the flag. Vice-Chair erson Bandelow questioned n~er~bers of the P conflicts such as family, financial, or business relationship regard to the project in question. if such a potential confli~~ corr~n~issianer in question believes he or she is without apt like to step down 1`ron~ the Planning Corr~n~ission during tl no objections from those present. City tali ~r~ing~ `Car~r~ission having potntia pit any of the applicants or with exists, she asked whether the ~l bias or wl~etler he or she would case. Thee ~~re none. There were Vice-Chair erson Bandelow announced: agenda is available ~t the back o the roam. vlfe will consider cases one at a time according to the order listed in tie agenda. we will follow the hearing procedure outlined on the public hearing procedure board. Ail persons wishing to speak are requested to came to the podium and give their name and address. Any individuals speaking from other than the podium gill not be recognized. RDLL CALL Chairperson Liana A Vice Chairperson Bandelo~r P Commissioner CrosJacques Commissioner Vancil Commissioner ~~gorieff Commissioner Hutchison Commissioner Jennings P Staff Present: ~irn lea ~- Corn~munity Development director l~at~lie Labossiere Senior Planner Dori Dalenc AssOC~ate l~lanrer ~~~s~an~ ~~ty H~~orney Administrative Assistant Vice-Chair erson Bandela~ announced that application Design Review 2007-14 was placed on hold by re~ue~t ~f the applicant and would be re-noticed for a future hearing. ll~~iU~'~S `A. woodbur~ Plain Con~rnissian leetir linu~es of December 1~ ~~;~~'. Commissioner J~ennin s moved to accept the minutes. Commissioner GrosJac ues seconded the r~oti~n, which unanimously carried. B~ll~~~ Fl~~~lTl~l~ DDIBI~IC~ l~~,lone, F'1anr~ing Cor~rnissior~ ~lee~i~g Febr~c~a~ 28, 2048 Wage ~ of 8 27 ~ol~l~ur~~~T~l~s A. Special 1~oodburn City Council Meeting Minutes B. wovdburn City Council Meeting Minutes of l~1ovE C. vllovdburn City Council Meeting Minutes of Deco D. vllovdburn City Council Meeting Minutes of Menu Igo con~n~enksr ~~~L~~ ~~~~R~~ A. Design Review Zook'-~ 2, Variance Zoo~_g~r 8~5 Eest Lincoln Street; Multi-Tech Engine The applicant requests a design review for e 5-unit rnulti~le-family development, a variance from v11Da 2.~0~.o5.B end Table 2.1.5 rgar~ing density, and en exception to street right-ofWway and improvements on East Lincoln':~treet Vice-Chair arson Bandelow asl~ed if anyone had a conflict, expate cdntat, or challenge. Associate Planner Dolenc read the ~pplicebl ~JRS. Associate Planner Dolenc began his The subject property is zoned Medium Derr; More then 12 Units per Acre on the Compr area end is currently occupied by a single-f flaodplains exist on the site Properties on the Residential ~RM~ Comprehensi°~e Residential Si~gl+ the Compr~hens The property ir~mediatel dwelling, and is zoned line, end is zoned ~ubli to the eas~,,_end is zone d~velaped with single•fa applicant has ubr Development 4rdi The applicant pus incoln Street ~d Residential k~~s on the souk :ia1 (F2M) and designated Residential n Map. The property is 0.936 acre in g constructed in 1950. No wetlands or ~nerally .zoned Medium Density than ~ 2 Units per Acre on the ~~ of E. Lincoln Street ere zoned sidential Less than 12 Unifis per Acre on west ~88g East Lincoln Streets is developed with asinge-family e vllashington Elementary School site abuts the north property err~i-Public ~PISP}. Amultiple-family dwelling abuts the property ~rpperties to the south, across East Lincoln Street, are vellins, and are zoned RS. s propose 15 dwelling units (a 6-plex and a 9-plex) on the property. The d a variance to allow 15 units on the property. The Woodburn ;e {WDO} allows 14 per acre and the net buildable acreage is .894 acres. luce the project to no more than 14 dwelling units. Tie, preliminary landsc~p plan shows a ~ foot high sight obscuring CMU veal! Materials: split fete CMU wall with one bind of standard srnoath face CMtJ set 4' above finish grade. llvall in~luds anti-graffiti se~lnt,~r~ Architectural walls are intended to buffer adjacent properties franc th` subject pr~pert not to buffer the subject property from adjacent properties. The appli~~t nos u~r~itted an exception to the street right oaf way and improvement requirements. the `purpose of an exception is to allow a deviation from a vilD~ development standard cited in section 3. g .02. !f granted, the Exception would identify the level of in~provernents tie property owner would be responsible for. Anon-remonstrance agreement for {'1er~r~ir~g~ Corr~r~ission eefir~~ ~e~b~~ar~ 2S, 2~Q~ f'a~e 2 0 ~ 28 public improvements could be required as part of the Exception. If the Except~~p is not granted, the property owner would be required to construct East Lincoln Dtreet to the cross-section specified in the Transportation Dystes~ flan, which is to Carol street. The right-off way dedication and specified irnpravements are needed t provide vehicle and non- r~otorized transportation facilities throughout the street corridor. All front yards and yards abutting a street shall be landscaped at ~ density of one 1 punt unit ~l=tJ~ per 20 sq. ft. ~lvD~ 3.106.03.A.2. The front yard contains approximately 3,934 square feel of area. The landscaping plan shoves the front yard to be sto~ked'ith 141 plat units, or ~.~`~ plant units per 20 square feet. A total of 197 plant units are required to provide 1 plant unit per..: 20 square feet. 1Card, Duffer: An yard improved with landscaping and~or screening tc app~i~able standards of the wD~? that is located between two land uses of diferi~g character fio minimize potential conflicts and to provide a mare aesthetic environment. ~1D~ 1.1 ~~. ill buffer yards shale be landscaped at the rate of one ~1 } plant unit ~F~D} per ~~ s~. ft. E~~Ei~T for interior buffer yards abutting a wall which are paved and which ray be used for perking o site access ar~d vehicular circulation. wDC~ 3.106.03.B. The buffer yards contain approxin~atel ~~4 plant units, or 1.52 plant units per 20 sq uare feet. A total of 1 ~4 plant units is required to provide 1 plant :unit per 20 square feet. The entire yard area of a property, ~CCLDD1~1~ areas subject to more intensive landscaping requirements shall be landscaped to a standard of at least ore ~1~ plant unit ~DD~ per 5o square feet prior to final occupancy. vtIDC~ 3.106,03.E This portion o~ thee.. east side yard contains 5,376. .square feet and is landscaped with ?'1 plant units, or 0.6 plant wits der 50 square feet. A total of 108 plant units is required to provide ~ plant unit per 5 square feet. All other yard areas are subject to more intensive landscaping requirements. All unpaved land within.. off street parking areas, end within 20 feet of the paved edge of off street parking andlor circul~tian ir~pravements, shall be landscaped in the following proportions: I~~ zones: 20°l~ of the paved surface area for aft street .:...parking and circulation. wDC~ 3.146.a3.C.1. The density of lar~ds~aping required in and adjacent to off street parking and circulation facilities, EC.DDIt~I~ required trees, sh~ii ae one ~1) plant unit per 24 square feet. wDC~ 3.106.O~.C.2,' The landseape;d area o just the buffer yards and east side yard contains 4,129 square feet ~f area and ~~ plant unity e~ccluding the trees required to satisfy wDC~ 3.106.03.x.3, fQr ~ plant density of 1.5~ plant units per 20 square feet. All common areas Khali be landscaped with at least three ~3~ plant units per 50 square feet. wDQ 3.106.03.D. The Tanning Division recommends that the Commission adopt the interpretation that the j`omrncr~ areas" referred to in vIIDQ 3.106.03.D do not include the setbacks. The central cornrnon rep contains 3,390 square feet and is landscaped with 211 plant units, which equates to 3.11 punt units per 50 square feet. A minimum of 11,683 square feed of comn~o open space ono facilities would be required to meet the guideline o 11vvDC~ 3~.10~.05.D.1.c.1. The development contains approximately 0,588 square feet of common open space, which amounts ~o approximately 24.6~i~ of the site area. The landscaping surrounding tie picnic table and ba~beque pit partially describes a circle approximately 18' in diameter. A circle 18' in diameter has ~n area of 285 square feet, Each bench scales at 6' long -two spares 6' on a side hive a combined area of ~2 square feet. die-Chan ersor~ ~an~~iow and Conrnissioner ~lancil inquired about the arnbiguaus term of "cornr~an area" and "common space" and size of the open lawn area. Associate ~iarner~ Dolenc stated that the facilities with the picnic area, bbq pit and 2 park benches did net meet the educationaltrecreation requirements. The required size is X20 square feet of outdoor space and the applicant is proposing 255 square feet. If considering the Open lawn area as "common area", then the site plan would meet the requirements. Pla~~ir~g~ Cornr~issio~ ~'eetir~~ Pe~ruary 2S, 2~Q8 Pace 3 0 8 29 Associate Planner Dolenc continued with the door plans of the units; the first floor, second floor and third floor of both ~-plex and the 0-plex. The discretion is left to the Pl~nni~g Corr~mission members to require ~ garages or accept the garages proposed by the appli~nt. The 0-plex unit does not meet the requirement and discussed parking requirements. The Planning Division ecor~r~ends that the Commission adapt the interpretation that tie "~mrnon areas" referred to in ~D~ 3. ~ 0.03. D do not include the setbacks. The Planning Division recommends disapproval of case VAS ~0~~-~, The Planning Division recommends approval of cases DP ~0~~~~ ~ and FRCP 20D?'-C~~ subject to conditions of approval. The Planning Division requests that the motion direcf Staff to amend the fn~ings, conclusions, and conditions of approval regarding exhibit designations end entries gr~aund-level units. He Introduced attachment "J" into the records, whoch vere the wr~tter~ ..comments by the surrounding neighbors. Fla concluded his presentation and was open for questions fr~rr the Planning Commission members. Commissioner Vancil asked Associate fanner Dolenc to explain the variance application submitted. Associate Planner Dolenc stated that the variance addresses the panel' with Lincoln Street and dedicating the right of way to allow 5 wits ir~tead of the ~4 unit permitted by the wDC~. Comrnunit Develo rent Director Allen alse stated that the variance submitted was due to the increase by ~°~° in allowed use, Vice~Chair arson Sar~delo~ invited the applicant for testimony, Srandie Dalton, Multi-tech Engneerr ~ 15513~~ Street SF, Salem; ~R 9?302, ap licant_ Dalton p submitted photos into the retard of an existing building. These were labeled attachments "K" Mice-Chair arson C~andelaw accepted tle attachments "K" into the record. Dalton stated that the site reeds much needed improvement and this project will be appealing to the site and the neighborhood. Crnmissianer Vancil asked the ap~li~ant, if they had explored other re-designs and other building tykes. ornrnissioner Cri orieff also asked the applicant about the expectancy of units for families and why a playground was hot included as a part of the design. Dalton stated that she could leave those questions far the property owner to answer. Dead ~chr~~ll, "~~0 ~ Evergreen Pkwy #00, Beaverton, CP g~aC~S, property owner. I-e stated that the:: project viil be sold as condominiums and not as apartments and the subject pr-npety is a great side fr~r this type of ~-plex and 0-plea project, The open area ~~fo~,~ld pro Y~ide a "play" area for famies with children. Vice-Chair ers~n ~andelow inquired if the property was purchased. Piar~r~ir~g- Carnmis~ior~ ~tee~ir~~ Febrc~ar~ 28, ~2~Q~ ~ag~e ~ of ~ 30 Sc~ stated that the property purchase is contingent on the approval of the reject. icerChair arson Bandelow invited proponents of the application. There sere nine. 1~ice-Chair arson Bandelow invited opponents of the application. Bob Hilton, ~~8 ~. Lincoln Street, Woodburn, ~R O~D~~ ,resident. lie stated that he s the letter attachment "!"} to the Planning Can~n~ission for cor~sieration. lie cornr~en concern with the surrounding residential properties, the playgourid area, school crossi impact and the properties being sold as apartments as oppa~~d to condominiums. F'ilorr~ino Alvarez, g00 B. Lincoln Street, t~voodburn, ~, believed that the condominiums were a good idea bit perhaps in an area where it is not highly impacted by; construction of an apartment complex would cause r~+ school capacity with future families. Th'rs will also imp street with the school nearby. 0~~, resident, ~e stated that he n this highly rei~ential area, but ased tr~f~c l~le expressed that the ~p~ct en the school crossing and ~afic a~ it is already a very busy Jose Sifuentes, 860 F. Lincoln Street, llvaodburn, ~l~ 9~'0?', resienfi. ~ stated that he agreed with the previous testimony. Bob Schiedler, Sig F. Lincoln Street, ~tl~od property neighbors the subject property. lie square feet and it is not an adequate ar~oun' ..mentioned that the property owner current surrounding property owners to inform them hedges, or the effect of landscaping. Fla stag `lot would be very tight IivincJ quarters and wo buildings would be 3 sterie tail arn~ ~~ 0~~ ~ esi~ent. lie Mated that his iso stated that tine "flay,' area is Tess than ~ 000 for units that will haue f~ilies with children., He archaser} lid no communication with the ~f project, neighboring property lines with tall d that allowing a multi-plea project in such a sma!! old ellor far peering into his bedrooms because the Cathy lt~aldonado, ~6 ~. Lincoln Street, ~llfoodburn, C~ 0?'0~~, resident. She stated that she agreed with what c~n~mented frern the previous testimony and added that the major issue with the project world be the traffic i~pact would cause traffic to be bacl~ed~up for up to 20o feet in each direction. Shy stated that she was never cenacted by the property owner. Maria ~llartinez, ~~ B. Lir~olh Street, Woodburn, 0R 97'07, resident, She reiterated the previous testimony and was opposed to the construction of the project. O~ice~~hai arson Bandelo incited the applicant for a rebuttal. ~~lton stated that the applicant did nct contact the surrounding property owners. Schnell stated that they inquired with the Planning Qivision with regards to a Home ~wrers Association ~NQA}and none existed, but this property will be run by a managing group to n~intain and upkeep the property. Asocate_Planner ~olenc stated that he wanted to submit the exhibits presented by the a~piicnt ~s exhibits "~f-Q" dice-Chan er~c~n ~ndelow closed the hearing to discuss amongst the planning Commission members. P~ant~i~g Gar~r~issior~ #eefir~~ ~'e~r~~rat~ 2S, ~a~~ Page ~ o~ 8 31 The Planning Commission members made cor~rnentary on when the property ~a~ zoned Multi Farily Residential ARM}, which dated bank to 1 g73; on the project allowed on the RM zoned property, which a rnulti~-plea is an allowable use in the tD~; on the units der q,uare followed allowed, which is 1~ units; on the traffic impact and livability is not a mason in the code to deny the project. Cornrnissioner Vancil made a motion to approve Design Review ~~~~1 ~, Variance 2~~~-~~~ Ito allow a 1 ~-unit multi-plex~ and Exception 240~'~08 to the strut right o way subject to tie Conditions of Approval and interpretations by the Planning Crnr~ission, seconded by Commissioner ~rosJa ues, notion passed. ~~ ~ ~~~ ~ Ch~ir~ersvn Limy A Vice Ch~irpersvn ~andelow des Cvmn~issi~ner GrvsJacques des Commissioner Vanci des Cvrnn~issivner ~rigorieff yes Commissioner Hutchison yes Cvnnrnissioner Jennings yes B. Design Review 204?'-13 -1 ?"~~ I~llt, food Auenue Carl's Jr. Restaurant and Drive-Thro~gn; Varitsi~tis Architecture - applicant The applicant requests a Type 111 Design `Review for fife c~nsfiuction of a new restaurant and adrive-through to be located afi t~~ parking lit of ~id~Valle~ Plaza Mall. Vice-Chair erson Bandelow asked if anyone had a conflict, exparte contact, or challenge. There were none, Cornnissioner Jennin stated jhat he knew Mark ~1~, the property owner, but had no conflict of interest. Senior Planner l,".abossiere read fihe applicable ORS.' Senior Planer Labossiere om~en~ed 'her ~res~rtation. The subject properly is part o the Mid-Valley Plaza; the plaza is currently developed with a variety of commercial refiail uses. Tl~e la~ds~pe plan has no yefi been submitted by the applicant, but the required plantslshrubs for the subject sifie is 339 units. The pile sign on the subject property should be replaced and cor~forr~ tQ the vvD~ requirements. The building should be painted with earth-tone colors as required by the vDC, t#e submitted prototype shows bright colors in the red canopies and yellow upper half u~ a ~e building. Commissioner GrosJa ues inquired about the existing driveway or will there be a new entrance to accommodate the flow of traffic. Benio Planner Laossee stated that the entrance would be at the east side of the parcel off of Mt. food avenue; ~bich currently exists an the property. Cor~rr~issioner l~lutchison inquired about the walking path for pedestrians from the bus shelter to the restaurant. , ~'lar~r~irtg Cor~rnissian 1~ee~irrg~ February 2S, 248 ~'a~e ~ of S 32 senior Planner .abossiere stated the access and circulation from the building l~tould be linked to the sidewalks and abutting streets by internal pedestrian ways. Buch p~des~rian gays should be either raised or delineated by distinctive pavers. The parking areas should ~e designed in multiples of na more than 5o spaces separated by landscaped buffers or raised pedestrian ways in order to minimize negative visual impacts associated with expa~siv~ parkin The site plans shows a new sidewalk from the bus stop shelter that provides a route t~ the entrance of the proposed building. Vehicular access and circulation is depicted by directiar~al markings. The proposed sidewalks for pedestrian access are raised therefore, the proposed development meets the guideline. also, they should shod a pathway b~ween the bus shelter and the existing retail laid-Valley Plaza. Benior Planner Labassiere concluded her presentation and was apenfor questions. Vice-Chair erson Bandelow inquired about the pole sign end the ~ornpliance. Assistant Cit Attorne Stuark stated that clarification is not on the panel but the interpretation of the sign location being attached to the ..parcel or on the tenant spacew Vice-Chair erson Bandelow invited the pplian for testimony. Thomas Bertrand, Varvitsiotis Architects, ~~ l~v. ~~ Avenue, Eugene, CSR g~'4a~ , a licant. He pp addressed the comments by the Planning C~n~mission non gibers end included items from the conditions of approval. He stated that tie current 1111~rgarita's sign w©uld be replaced with the Carl's ~1r. Restaurant sign. He requested that nor-re~onstrance agreement item #g}with the City to improve Hwy 2~ 4 ~Mt. Hood Avenue~wo~ald be ~niy for the section pertaining to where the new restaurant will exist. Assistant Cit Attc~rne Stuart stated that with Hey ~~~ being a state highway, Oregon Department of Trars~partation would have jurisdiction over the obligation for improvements. Bertrand addressee item #18 with regards to thee.: access points based on the jurisdiction of the Transportation ~ystpm Plan T~P~. He ~equsted ghat the entry paint not have a ~5 foot turn radius. He addressed item #~3'with regards to the loading space. He stated that the shared parking section of the ~D~' would apply, since it is not a 24-hour restaurant. He addressed item #~5 with regards td the 30°/~ wall surface abutting lit. Hood Avenue be glass coverage. He addressed item #~8 with reard~ to the color scheme used on the exterior of the building and adrnitt~d exhibit "L" in to the record showing a more accurate color scheme than the proposed pr~totpe. He addressed item #~3, Which the applicant must submit proposed wall signs shovuing the sire aid location o each sign. He is requesting that the number proposed be allowed as it fellows suit with any Carl's Jr restaurant. He lastly addressed item #~'~, which pertains to the pole on ~l~e prope~y or on the parcel and not have to upgrade the pole sign because it is not attached to the parcelr but to the whole property. He was then open to questions. Tne Plannng Cor~~issien did not have any questions for the applicant. Comrnunit Develo n~ent Director Allen addressed the items requested by the applicant. He stated that the submitted plan did not identify the ~~ foot turn radius, but it may meet the requirement. Tie applicant however must move the curb cut and approach for the turn radius based on the jurisdiction. The non_remonstrance agreement is an ~DCT jurisdiction and it is P1ar~r~irrg Cor~r~iS~iQr~ ee~ir~g ~'e~ruar~ 28, 2~Q~ Page 7 0~ 8 33 based on a fair-share improvement. majority of the funds are from the state aid certain percentage is the property a~ner's responsibility. The loading gone is nod a pert of the jointwuse parl~ing therefore they must dedicate one ioading space per section 3. g~:fl.~. ~ .The 30°~~ u~indov~ coverage is discretionary for the Planning Commission to decide s tie prpposed coverage is at 2?'°f~ and can be modified to accept the applicant's sugesion, Thy color scheme submitted as B~hibit "L" needs tv indicate the color perc~nta~e far each, the ~ign~ submitted, proposed and allov~ed gill need to meet the requirerr~~nts the 1~1DQ. The poll sign attached to the tenant space needs to be determined by the Plap~in~ Cornrnission to decide Whether it is attached to the tenant space or ~rhether it is attche to the property. Commissioner Vancil as{ced if there gas a trigger that determined if it is on the property or the tenant space;. Communit Develo ment Director Alen stated tl Pianning Commission discretion to decide v~hethe space. Vice~Chair erson Bandelov~ invited proponents ofthe appli use the ...pole sign to be not a far that other than the ched to the tenant YYere Honer ~~re none. Vice-Chair erson Bandelov~ invited opponents of the application. T Vice-Chair erson Bandelov~ closed the eaing to di members. There was nothing further discussed. Conrnissioner Vancil made a motion to ~pprae De: conditions and interpretations by the Pianning Cam from item #?'2 and determine that the pole sign i~ a :.:applicant's proposed vuindo coverage plan of ~~~~/~; conformance of the required sinage allo~rance, and of approval, seconded y Cor~rissioner ~utchions t the Planning Commission ~n review og~-~ 3 v~ith the foilor~ing sign: remove the terms tenant space art of the complex; modify and accept the ~e applicant must meet item #63 o accept item #58 as is in the conditions ~~tion passed. ~QLL CALL Chairperson 'Vice Chairperson Conmissior~er Commission Commissioner Commissioner Cornrnissior~er yes yes yes yes yes yes ancii Crigorieff Hr~chison ~~~ings Comrnissioer,~ennin s moved to adjourn the meeting Commissioner Gri orieff seconded tie motion, which unanimously carried Meeting adjourned at ~ rg3 pm: APPI~~V~D CLADDI ~.IMA~ CHAI~P~~S~~l ATT~Bi ~i~ Allen '~arr~r~unity Development Director City of Ioodburn, Oregon Plar~r~ir~~! 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Q Q ' Q Q' ' U N ~' Q ' Q ' ' ~ e ~i ', ~ ', ~ ~ ' ' ' ' O ' O ' ' N '~' ' , ' N O ~~ O O ' ' U' 00 ' O ' 00 ' O ' 00 ' O ' 00 O ' 00 ' O' 00 O ' 00 O ~`' `' O ' N ' ~ O ' N ' ~ O ' N ' ~ O ' N ' ~ O' N' ~ O ' N ' ~ O N ~ Ca' ~ ' ~ ' O ' N ~ N ~ ~~' ~ N ' N ' N ' N ' O N ' O ' N ' N N ' N M N M o o o o o o 0 c ~ m ~ ~ c O ~ ~ o o ° ~ ~ O N _ L (6 N ~ O ~ ~ N (0 M N N L ~ ~ +~ f A ~ ,~ ' ^ O ^ Q W (~ V O O ~ ~ ~ U L ~ ' O _ ~ O ~, ~ N = ON C N O C ._ ~ ~ C L7 m ~ ~ O O 3 N ~ O }' O~ (0 O O (0 N •~ (A ~ ~ ' ~ Q ~ ~ ~ N~ N ~ L O U N ' ._ O ~ }, ' N U O C U C Q~~ •- ~ ~j ~ fA ', ~ ~ U ' ~ O N > ' (6 ~ LL ' U ~ ~ ' t~ ~ N ~ '' C~ N ~ Q ~ N ', . 1 L C a ~J v; ~ ~ W ~ ~ L O ~ O c~ ~ ~ 3 ~ ~r ~ ' O }' _ OO O ~ ~ ; ®w O ~ O N O O O O ~ N ~ O O •- j ti ~ ~ U ~ ~ N a~2 ~ ', ~ ti ' ~ i L' W W ~ ~ O L ~ c~ L cn A' W r ^ V J ~ ~ ~ ~ N ~ C (0 O ' ~ o' • Q ~ ~'' a Q N ~ c~ L ~ N~ ~ c L ~ ~ L ~ - •Q O J N o o ~~' =3 ~0 ~o' ~ ~ ~ a~ ~~ WU Q cn ~' ~ W ~ N L m ~ (0 _ L V N N m a ~ O L c~ ~ N L ~ c oa U N ~ o 1 ~ ~ Q _ a Q ~, ~ ~ C~ M~ O ~ C N J ~ ~ - N~ - O ~ ~ 3 ' Y_ ~' Q ~- ~ ~ Q >Q cn ~, ~J' ~ ~ I ~ O ~ ~ ~ O N N O M O 0 ~ O 0 ~ O ~+ ~ O O O ', 00 00 ~ p ', p ~ ', O O N N ~ O O O N N d ~ ~ ® J J J Z Z Q N v U v W U Z W O .~ c~ v 1 v II a .~ as .~ O as E-~ II N .~ Q) O N N .~ by I I U1 .~ v W II E-~ W v U ICI v~ v .~ I I a 37 8E CITY OF WOODBURN Community Development MEMORANDUM ~~ ~~r~~~~r~~ry ~~r~~t ~lac~~bur~, ~r~~or~ ~7~~1 ~~3~ ~~•5~4fi D~t~: I~~c~ ~~~ Toy Jirn ~l~n, ~arnmunit ~~~ra~a~~n~n Die~~ar ~'ror~: ~ui~in~ Di~iivn ~u~eat: ~u~~r~~ Acti~r~~ for ~ebruar~ 200 ~oo~ ~oo~ ~oo~ Nv. Dollar Amount Flo. Dollar Amount No, Dollar Amount Single-Farni1~ l~esidenfial 5 $783,265 ?' $1,~a9,64o 10 ~ ~1,941,Dao l~ui~i-Farnii~ l~esidenia! o $a ~ ~a D ~o ~s~isted ~~~~~~ Facii~ties o ~a o ~a o ~a R~Sd~nI~IC~I ,adds ~ Ails G ~~ G,~G~o ~ W~~~ ! ~~ ,~ ~~1,836 Industrial o ~o a ~a a ~a Comrnercial 6 ~~,a~~,a~~ Signs and Fences ~ ~~, ~o ~ o o ~9o9,a~a a 6 o ~~, 6, ~ o0 ~a ~aru~acured H~rnes 1 5o,aoa ~ 0 6 1 ~ ~,ooo TnTAL$ 17' $2,891,168 1 ~ ~~,143,444 ~0 ~4,128,93~ Flacal dear to Date ~Jul~ ~ ~ ~2T,5o8,199 June 30) ~ ~ ~ fi83 807' ~ ~ ~ ~4 09 91 $ $, S ~.,:~rmm~Ety ~~~~Fe~~~r; ~ ~, ,,~ ~, ;~,r~ Activ~ty`89dgAct-~~~;~r~~ A~t~i~y - l~em~s,~vity - ~~~r~aary Z~3~J~,~~c 8F ~,+ , IALO~pOrAlt~ ~~a~ March 10, 2007 T~; Honorable Mayor and City Council thr City Administrator VIA: Dan Brown, Public Works Director FRAM: Randy Rohman, Public Works Program Manager SUBJECT: Intergovernmental Agreement with ~D4T for Environmental Assessment on Highway 214 between Broughton Way and Park Avenue INF~RMAT~OH; The modernization project to improve Highway 214 from Broughton Way and Park Avenue is one of four Mid Willamette Valley Area Commission on Transportation ~MWACTj priority modernization projects, along with the interchange modernization project. This project is an urban renewal project that has $4.5 million of urban renewal allocated. This urban renewal cost share has increased the priority of this project in MWACT reviews. Recently MWACT was asked to prioritize modernization projects that would be funded if additional transportation funding were authorized by the 2009 Legislative Session. The Highway 214 from Broughton Way and Park Avenue project was the number 3 project on that list the Woodburn interchange was the number 1 priorityj. In the current 2006-2009 ODOT Statewide Transportation Improvement Program (STIP) the City was successful through the MWACT in getting the environmental assessment for Highway 214 from Broughton Way a'nd' Pgrk avenue included. The environmental assessment was funded for $550,000. ODOT negotiated a contract for completion of the work in fall 2007 and total estimated cost with contingencies was $750,000. There were no additional funds available from ODOT sources to fully fund the environmental assessment. Completing the environmental assessment at this time is critical in order for the modernization project to move .forward and to keep its high priority for construction if new funding were to become available. In order to get the environmental assessment underway the City agreed to fund the $200,000 shortfall from the Transportation SDC Fund in order to move this project forward. OD~T will be providing an intergovernmental agreement to formalize the City's contribution to get the environmental assessment project started. Agenda Item Review: City Administrator'`~-T "" City Attorney ~ '""`"~' Finan 39 8G „, I~torrortttl dad! T~: Honorable Mayor and City Council through City Administrator VIA: Dan Brawn, Public Works Director FROM: Randy Rohman, Public Works Program Manager SUBJECT: Proposcl for Property Rental for Farming Operation at Wastewater Treatment Plant IHFORM~-TIC}H: The City purchased approximately 92 acres of property to the east of the Wastewater Treatment Plant in 2404. The area was intended for future expansion of the poplar tree plantation and for other wastewater needs. Some of the property is currently being used far pilot study testing of potential treatment alternatives that will be considered as part of the facility planning process that is currently underway. one home that was on the property is currently rented and an older home an the property is used far Police training. Remaining portions of the property are not used and must be maintained by the treatment plant. Representatives of the Oregon John Deere Museum Foundation recently approached the City with a proposal to conduct a grain farming operation on a portion of the property. The Oregon John Deere ,Museum Foundation is an are on re istered 541-C3 non rafit or anization. ` AI,I~ labor, a ui ment and g g p g qp materials for the farming operation would be donated and funds from grain grown on the property would be utilized for a future .John Deere Museum. Foundation volunteers would prepare and seed the land, harvest the grain and then prepare the ground for the next planting season. March 10, 2008 per. ice. Tie treatment plant currently must maintain the property that would be used for the farming operation. It is proposed that approximately 2~ acres of the property would be utilized far the farming operation. The museum foundation would be required to pay a minimal rental charge per acre for the use of the land. The rental agreement would contain indemnification and insurance requirements to limit City liability regarding the volunteer grain farming operation at the treatment plant.. Agenda Item Review: City Administratar`~ ~ City Attorney ~ ~' -~ Finan ~~ i Honorable Mayor and City Council March 10, 2008 Page 2 The wastewater plant expended about $ ~ ,100 to disc this portion of the property in 2006 and subsequently about 4o to b0 hours per year has been spent on spraying and mowing the property. The proposed farming area is primarily covered with weeds and the farming activity would improve. the soil and appearance of the area. The farming operation would allow these manhours to be used on other plant operations and the farming operation would do a better job of controlling weeds and maintaining the soil, Since the timing for use of the property by the wastewater plant is unknown it will be proposed that the rental agreement be far a six month term for this summer and then annual terms after that time. The rental agreement will benefit the City by reducing the time and expense for maintenance of the property and will insure that property is ready when the City has a need for the property. Staff will be bringing an agreement with the Oregon John Deere Museum Foundation for Council approval. 41 8H ~. w+ ~~rcorre-~rt~1 ~a3! March 10, 2008 T0: Honorable Mayor and City Council through City Administrator VIA: Dan Brown, Public Works Director FRONT: Randy Rohman, Public Works Program Manager SUBJECT: Highway 214/Settlemier Avenue/Boones Ferry Road Project Update INFORMATION: The ODOT project (with City cost sharing) for the Boones Ferry/Settlemier/Highway 214 intersection was originally scheduled for completion in the 2006 construction season. ODOT requirements to accomplish high priority bridge projects with legislative deadlines originally delayed the project. Other ODOT and City design consultant delays further slowed the project. Staff informed Council in a January 14, 2008 memo that a bid opening date of April 10, 2008 had been established for the project and that all items required for the bid opening were on schedule to be completed for that bid open date. On February 27, 2008 the ODOT project manager informed the City that the bid opening would have to be delayed because the final plans produced by the consultant included errors that needed correction. The consultant had been informed by ODOT in the first half of 2007 about the design .issues. Unfortunately final plans provided ODOT in July 2007 were not provided to the Region 2 Roadway Engineer for final review. When the Roadway Engineer was provided the pre-bid documents for review in late February 2008 he noted some of the errors that had been identified in the first half of 2007 remained and would require correction prior to bid award.. Correction of minor errors on the project plans which should be completed within two weeks. One error resulted in the requirement for a design exception from ODOT Headquarters that could take four to six weeks for development and approval. ODOT has agreed to expedite the process if the consultant corrections are completed quickly and accurately. The design exception must be approved prior to the project being advertised for award. The ODOT project manager indicated if all goes perfectly and if all Agenda Item Review: City Administratv~``~~ City Attorney ~ Finan ~~ ~. Honorably Mayor and City Council March 10, 2008 Page 2 issues are resolved quickly that the project could be on the April 24, 2008 4D~T bid opening date. If all does not go perfectly, the oD~T project manager also has confirmed that there are openings available on all bid opening dates in May 2008 as well. 43 81 ~; 1, ' R~ 1 /4 ~~I~B~~ [ncorpordted 1889 TO: Mayor and City Council FROM: N. Robert Shields, City Attorney March 10, 2008 SUBJECT: Animal Control Ordinance Status RE~oAll111lENDATI4N: Receive the report. ' BA K R ND & DIS U I N: The City Council conducted a workshop concerning the Animal Control Ordinance on February 19, 2008. Public input was received and the Council asked questions and suggested certain modifications to the ordinance. I mentioned to the Council that I had provided an earlier draft of the new ordinance to the Woodburn Municipal Judge and intended #o provide the revised final ordinance to the judge before passage. I have been unable to do this prior to the March 14 Council meeting with sufficient time for the judge to have input, Therefore, I will be submitting the Animal Control Ordinance for passage at your March 24 meeting. FINANCIAL IMPACT: None. Agenda item Review: City Administratol'~ '~ City Attorney j~! ~~,] Finan 44 10A ~~ . l~rcarrar.rrtJ dal! T~: Honorable Mayor and City Council through City Administrator VIA: Dan Brown, Public Works Director FRAM: Randy Rohman, Public Works Program Manager SUBJECT: Traffic Impact Fee Update Public Hearing Continuation REC~~I~~NDAT~Q~~ After evaluation of public input from a continued Public Hearing on updates to Transportation Impact Fee methodology, direct staff to prepare an ordinance and any resolutions necessary to adopt and implement the updated Transportation Impact Fees. BACKGROUND: The City Council when they continued the public hearing at the- February 11, 2008- meeting was concerned that property owners in the interchange management area (IMA) had not been notified of the Transportation Impact Fee (TIFF hearing. After that meeting staff obtained property owner records from the Morion County datobase and notices were mailed to IMA property owners on February 13, 2008. At the time of agenda preparation two written comments from one of the affected property owner's had been received and they are attached. Staff has talked to representatives of three property owners since the initial public Nearing and has provided copies of the methodology to those owners. March 10, 2008 p ice. The proposed TIF methodology objective is to fairly and equitably allocate anticipated costs for transportation improvements that were established through the development of the Transportation System Plan over undeveloped property in the current and proposed urban growth boundary. The City has an obligation to provide an additional X5.5 million to ~D~T for the I-5 interchange modernization project. Staff proposed and Council consensus at the TIF workshop supported apportioning 50~ of this cost directly to proper#ies in the IMA with the remaining 5o~a of the costs allocated to the City as a whole as the most equitable and fair means of providing funding for the interchange modernization. Agenda Item Review: City Administrator' City Attorney;: " j Finan Honorable Mayor and City Council March 10, 2008 Page 2 Another change in the modified TIF methodology is the switch from average daily traffic to peak hour trips as the basis for charge calculation. The rationale was that since the peak hour is the time when traffic is greatest and congestion is at its worst during the day that the fairest and most equitable way of assessing a developments impact on the City transportation system was through the use of peak hour trips as a method of quantifying the development's impact. A representation was made that the impact on commercial property was too great and needed to be balanced, The TIF methodology acknowledges that there are some considerations that must be made for commercial property. The peak hour trip generation for all commercial development is reduced by what is called a diverted pass by trip factor. There are a certain amount of trips to a commercial development that are. trips that are already on the transportation system for other purposes. These trips are deducted from the peak hour trip generation of the proposed development and these deductions range from 22~o to 83% of the peak hour trips. Commercial development generates a large number of peak hour trips and the TIF is therefore significantly greater than some other uses but again the methodology fairly deals with these developments and equitable assesses a TIF based on their peak hour trip impact. The TIF along with the other allowed system development charges are due at the time a building permit is issued for a development after all other approvals have been received. While the total ~ fee for a large commercial or industrial development may seem large it is usually a relatively small percentage of the cost of construction of the development. There are also options available where system development charges can ~e paid over time similar to the process used for a local improvement district. The City Council adjusted System Development Charges for transportation improvements {TIF'sj in 1999. ,Changes have occurred since then prompted consideration of fee revisions. Primary was an update of the City's Transportation System Plan ~TSPj, including the development of an interchange management area and modification of the capital improvement program ~CIP~ associated with the TSP to account for improvements that would be needed through 202o including requirements for the proposed-urban growth boundary expansion. Staff has reviewed that list and has found that a small number of minor corrections need to be made that will be made in the final report. The consultant that made associated cast estimates will review and modify cost estimates if necessary. 46 Honorable Mayor and City Council March 10, 2008 Page 3 ~n November 15, X007 Council conducted a workshop on the Transportation Impact Fee update. The consensus of Council at that workshop was that the following would be part of the updated TIF methodology: • Charges will take into account the value of unused capacity of the existing transportation system, and the anticipated cost of additional capacity needed in the future to support growth, • City wide TIF charges would recover one~half of the cost of the City's remaining share of interchange improvement costs. The other half would be recovered through a separate interchange development charge from properties included in the interchange management area around the Woodburn interchange. • The TIF charge basis would be changed from the current average daily trip basis to a peak-hour trip calculation based on ,the Institute of Transportation Engineers trip generation data. • Trip generation. estimates for retail land uses will be adjusted to sustain allowance for diverted linked trips and pass-by trips. • Certain bicycle, transit and pedestrian facilities will be included as alternative modes of transportation. • The TIF will be indexed to annual cost escalation due to inflation as allowed under state law. • Developer credit for qualifying improvements will be as allowed under state law, DI I N: The TIF methodology presented updates the current methodology that was completed in 1999. Included is an updated capital improvement list incorporating the new Transportation System Plan and increased City cost share for the modernization of the Woodburn Interchange. The TIF methodology modifies the computation of charges from average daily trips to peak-hour trips. The City's outstanding obligation of $5.5 million ;towards the interchange modernization was not fully burdened on the Citywide~TlF; Fifty percent of the outstanding obligation was burdened on the Citywide TIF and fi#ty percent was burdened to the bene#itted properties within the interchange management. area. Staff in looking at the TIF modification feels that it is a well conceived modification that fairly and equitably apportions growth related transportation improvement impacts. The modification satisfies various council goals and will not be a hindrance to goad quality development in the City. FINANCIAL IMPACT: The current budget did, make an allowance for an anticipated modification of fees. 47 Public Hearing March 7, 20x8 Transportation Systems Deve~apment Charge Table 4.#13 l am apposed to # 13 OR 99E Widening between Lincoln Street and South City limits being in Woadburns Transportation Plan, like it is Woodburns Widening, and they are Charging for it. If Woodburn can show me documents that the State Highway Department has turned it aver to Woodburn To Widen it, !will accept that, otherwise I would expect it to be removed from their plan. I have a number of letters from the Highway department stating that they would not recommend Widening property in the Laurel St and Hwy, 99E area, without strong loco! support from both ' Staff, Calf elected officials, and citizens in the community,. not stacked groups. To reiterate: Yau may be assured that without strong local support far the South Dnit, Region will not recommend it for construction. This was the last time they considered widening. That is why I would like to see the letter changing their mind, I think to many decis'~ans are made when something like this is in a document and not accurate. persona!!y don't believe in a City collecting rnvney, unless they are part of the action. I fee! if this is accurate and the Widening has been turned over to Woodburn there has not been enough Publicity on this item and Woodburn is trying to pull something aver on the public. I am sure most of you recall when this came up before there were 145 people at The publiE Hearing. Yes, I am concerned about this, because as you all know You gave me a Waiver rather than paying me $2D5,00o.00 damages. And then i was refused my vested Rights, because !didn't build anything< like a house, now my building has been vacant for over fi months and I Have to pay $90x.04 to see if anything has changed in my building loft X 24 ft. with 4 windows in it. I hope this tells you something. My mai#ing address is 8518 Parr Rd NE Gervais, OR 9702fi in case you would like to send me a copy of the document that changed the widening from t!~ State To the City of Woodburn. Sincerely, ~A~~~' Bert Gottsacker 48 Public Hearing== Transportation Systems Development Charge in The ~IIIIlAj Area 1 am opposed to charging ~ additional Fee on (IDC) Buiidi~ Permits when Issued. When the first Interchange was built ~ don't recall charging homes for i't's cast and this interchange is na differerrt. If an addi~anal charge has to be paid, I believe it should be thrc~rgh a gas ta~c. Those that use it regular, should pay ~ ~di~onal f or ~, even Hugh same will get through the cricks, at feast some won't be charged, wha dvn't use itf A~ those are wally the elderly.. Sincerely, Bert Gottsacker 49 D Capital Development February S, ZB48 Mr. Randy Rohman City of Woodburn Z?ll Montgomery Street Woodburn, WA 970?0 Randy, lt' a~ DATE S D ~ C{TY RECORDER WOODBURN, OREGON Company We have received the proposed modiB~ations to the existing 5DC's which are the subject of this Mondays City Commission meeting. As you will recall I have shared with you previously that creating the o~gi~tal overlay district, in some cases raised the cost of the land by almost 5o9~b and has been a major stumbling black in our attempt to market the Woodburn Town Center project In effect it has placed Woodburn out of the running. for many national big box stores and small specialty shopsthat co-tenant with them. In one attempt to attract Cabellra's we were informed that the SDC's were more than they were willing to pay far the cost of the lob In addition, we believe that we have already paid a substantial premium for future growth. Capital has oversized right of ways and paving to serge the areas south of the Town Center now outside the city but within the proposed urban growth boundary. We were forced to upsize our infixstructure by increasing sanitary sewer, and storm sewer to accommodate property currently zoned for agriculture. Besides the capacity increase we were also required to place product iS' feet below grade and below the ground water level as opposed to the engineered requirements of 5'. Dur contribution to "future growth" in this regard was over $1,OBO,D~.tiO. The proposed Transportation System Charge Study requires that the Interchange Management Area ~1MA~ fund 61~ of ALI, proposed SDCs and IDC charges This would. put a highly inl~ted and unfair burden on a small area near die l-5 interchange. Addltionallyf this same area is required to fund 50~ of the City's cost of the proposed interchange project; the unmistakable implication is that the IMA will derive substantial benefit from the interchange i~apraven~ents. In other wards tra~c serving the lMA will cornefrom I-S and return via 1-5. If that is the case where is the equity in the lMA funding $11,435,Q40 of tat~al SDC and 1DC charges equal to $18,836,D5b.4~? The problem is that the lMA can sdmulate commerce !n the City but only iFthe total development cats are atvactfve enough to cause the properties to be ~evetoped. The proposed fees include up to 12996 increase for the 1MA, with the exceptlon oFthe expansion of Wal-Mart there have been no commercial development in the tMA in the past 5 years. In order for the IMA to provide signiScant revenue for projects in the City we believe that the City needs to get the fees reduced substandally either by using a larger percentage of other ftinding soucres, redud~ We proposed project improvements or reducfng the 96 of interchange charged to the 1MA. D~i 3 ~.,,-Gr P,o. Box 3487 ~ lacey,l~lasi~ngton 98509-3487 711 Blaster fUnney Rd. 5.8, ~ 1.ac~y, Washington 98503-1124 Telephpne # 3601491-6850 ~ f=AX # 36Q/459.8747 lD# O 1-CA PI~T~ ~ 3~3DS Page 2 Mr. Randy Rohman February 8, 2408. We would if ke the opportunity ~ review with city star and its consultants for an alternative methodology that more equally spends the costs of f mproving the Interchange system throughout the entire community wha are essentially the reason the system ~ in its present faring condition. We respectfully request that the city councilors not accept the plan in i~ present form and give us the opportunity to discuss this matter further, Sincerely, ~'~''~- ~~ John R. Donaldson Senior Vice President Cc: City Commissioner, City of Vl~oodburn John Bauer; Parks Bauer Sfine Winkler & Fernety LLP 51 J. FHILIP PARKS, PC KErTH J. BAUER, PC BILLY M. SIME RQBERT L. WINKLER MICHAEL D. FERNE'I'Y JONATHAN H. BAUER MICHAEL J. WALKER PARKS, BAUER, SIME, Wrnrxi.ER & FE~~ LLP ATTORNEYS AT LAW 20o CMC CENTER OFFICE BUILDING 57o LIBERTY STREET SE SALEM, OREGON 973oi-3492 February 11, 20x8 HAND DELIVERED Mayor Kathryn Figley and City Council City of Woodburn 270 Montgomery St Woodburn DR 97071 RE: Lots 7 and $, Woodburn Towne Center Qur File No.12715 Dear Mayor Figley and City Council: /Qe~~~ ~//~d c~ (503) 37i-35o2 FAX X503) 371-0429 I represent the property owners of Tax Lots o52W 1402000 and 052W 1402100, also known as Lots 7 and $, Woodburn Towne Center Development. It was brought to my attention late last week that the Public Works Department is proposing the implementation of an impact development charge ~IDC} and recalculation of the ~ansportation system development charge ~TSDC} as defined in the methodology. My client did not receive notification from the City that the methodology was being proposed. This lack of notice has prejudiced my client in that it did not receive a copy of the methodology until February 7, 2008. Since receiving a copy of the proposed methodology, my client has begun working diligently to retain consultants to analyze the impact of the fee upon potential development. I forecast that it will take no Tess than ninety X90} days for my client to have a full and fair opportunity to analyze and comment on the proposed methodology. Accordingly, I request, an behalf of my client, that the public hearing record be left open far an additiona190 days before any action is taken on the proposed methodology to allow an adequate time for comment to a party that may be directly adversely affected by the proposed methodology. In the event the record is not left open for 90 days my client objects to the proposed TSDC and IDC methodology as proposed. 52 February 11, 2008 Page 2 Thank your consideration of this request. JHB:1W cc: Randall Rohman Public Works Program Manager 190 Garfield St Woodburn GR 97071 Very truly yours, 53 PARKS, BAUER, SIME WINKLER & FERNETY, LLP 11A 1 4 •; ~~ ~~~ [ncarpcr~tteA 1889 ~~~."~" a~-,. March 10, 2008 TQ: Honorable Mayor and City Council through City Administrator FRAM: Dan Brown, Public Works Director SUBJECT: Country Club Road LID Final Assessments REC MMENDATI~.N: It is recommended that the City Council adopt the attached Ordinance to levy final assessments on property within the Country Club Road Local Improvement District. BA K R IC,~ND: The City Council initiated the Local Improvement District SLID} process for Country Club Road street improvements between Boones Ferry Road and Astor Way, approved the engineering report, held a public hearing and adopted ordinance No. 2407 that established the legal foundation for the LID assessments. The City has followed the procedures as outlined in ordinance No. 2105 of the formation of a Local Improvement District and levying final assessments to benefited property owners. The construction has been completed and the final costs have been determined. Property owners v~ere notified by mail and through legal publication in the local paper, The public hearing on the final assessments was held on February 25, 2005. Council closed the hearing and directed staff to prepare the final assessment ordinance. DISCUSSION: Upon passage of the ordinance, property owners will receive a notice of final assessment. The property owners with unpaid assessments will also receive a Bancroft bond information package. This information package will provide a 14-year payment plan option at 6.0% interest rate. The property owner may pay the entire amount at any time within the 14-year period. Agenda Item Review: City Administrator CYO City Attorney ! " J Finance 54 Honorable Mayor and City Council March 10, 2008 Page 2 Developer contributions of $67,000 are to be used to fund the assessment amount of benefiting properties in Heritage Park Subdivision. FINANCIAL IMPACT: Passage of this ordinance will authorize the City to collect $273,300 in assessment costs allocated to the benefited property owners within the LID. Attachments: Final Assessment Ordinance 55 COUNCIL BILL N0. ORDINANCE N0. AN ORDINANCE LEVYING ASSESSMENTS FOR THE IMPROVEMENTS OF COUNTRY CLUB ROAD BETWEEN BOONES FERRY ROAD AND ASTOR WAY. WHEREAS, the City Council reviewed and approved the engineering report on the improvement of Country Club Road between Boones Ferry Road and Astor Way; and WHEREAS, the City Council by Resolution No. 1834, declared its intent improve Country Club Road through a local Improvement District process, adopted the method of assessment, established a date for the public hearing; and WHEREAS, a public hearing on the formation of a LID was held on July 10, 2006 to receive input from affected property owners. No remonstrances were received by the city, and therefore, suspension and reconsideration by the city council is not required; and WHEREAS, the assessment to each benefited property is based upon the special benefit received forthe said improvement using a distribution method as outlined in Ordinance 2407; and WHEREAS, legal notice of the public hearing on the proposed final assessment was provided and mailed to each owner of each lot proposed to be assessed at the address of record shown in the official records of Marion County; and WHEREAS, the final assessment hearing was conducted on February 25, 2008; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Total Assessable Cost. The actual assessable cost of the local improvement of Country Club Road between Boones Ferry Road and Astor Way is $273,300, which is hereby assessed against the property described herein the amounts listed. Page 1-COUNCI L BILL N0. ORDINANCE N0. 56 Section 2. Levy of Final Assessments -Assessment Roll. The City Council levies final assessments against the real property in the local improvement district as set forth on the Assessment Roll attached and incorporated as Exhibit "A." Section 3. Determination of Special Benefit. The City Council determines that each lot described on the Assessment Roll is specially benefited to the extent of the assessment set forth on the Assessment Roll against that lot. Section 4. Payment Options. Pursuant to ORS Chapter 223 Local Improvements), benefited property owners have the following payment options: A. Full payment of the final assessment within 30 days of the effective date of this ordinance without incurring interest charges; or B. Installment payment plan over a ten (10) year period where annual payment will be made equal to 1/10 of the cost of theirshare of the assessment plus interest. If an installment payment plan is elected by the benefited property owner and the outstanding lien is paid off before the end of the 10-year period, interest will be calculated to the date of the lien payoff. Section 5. Interest. Pursuant to Section 10 of Ordinance No. 2407, the interest rate is established at b.00~o and the accrual rate shall start from the effective date of this ordinance unless payment is made within the first 30 days. Section b. Notice of Assessment. The City Recorder shall send a notice of assessment to all owners of assessed property and publish notice of the assessments pursuant to the requirements of Ordinance No. 2105. Section 7. Defined Developer Contribution The city has received a developer contribution of $b7,000 to fund the assessments of benefiting properties within Heritage Park Subdivision. Paget-COUNCI L BILL N0. ORDINANCE N0. 57 Section 8. Refund of Overpayments. Estimated lien payments made prior to the enactment date of this ordinance in excess of the amount listed in Exhibit "A" shall be refunded. Interest shall be paid on the refunded amount at the rate of 3.75 percent to be calculated from the datewhen paymentwas received by the City. Approved as to form: City Attorney Date Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page 3-COUNCI L BILL N0. ORDINANCE N0. 58 EXHIBIT "A" COUNTRY CLUB ROAD IMPROVEMENT DISTRICT ASSESSMENT ROLL (NOTE: ^^'CT°"~~T~°^"~'~ denotes tax lot or names, which have been modified since the adoption of the original ordinance) MaplTax Lot Numbers Owner Assessment Amount 051 W07BA00500 Halieus LLC & A & C Ventures LLC DBA: Village by the Green $65,044.38 051 W07BA00600 City of Woodburn -Water Treatment Plant $57,442.03 (Merged with TL 600) 051 W07BA00800 Corporation Presiding Bishop, Church of Jesus Christ of LDS $48,034.77 051 W07BA00900 Marty Bonn's & Others; Woodburn Senior Living LLC; $35,203.82 051W07BA02900 Leach, Mark H & Julie $5,214.62 051 W07BA03000 Krebeduenkel, Deiter K. & Wanda L. $3,289.11 051 W07BA03100 ~ Rios, Ana L. $3, 946.50 051 W07BA03200 Hatch, Eugene R. $3,292.96 051W07BA09600 Sanchez-Ruiz, Carolina & Ruiz, Jesus, Jr. $3,399.96 051 W07BA09700 Stidham, Alex $3,292.41 051W07BA09800 Loftin, Mary $3,292.41 051 W07BA09900 Leon, Antonin & Leon, Marina De $4,403.59 051W07BA10000 Andraca, Jorge Garcia $4,460.11 051 W07BA10100 Cancino, Valerie S. $3.292.41 051 W07BA10200 Bernhardt, Patrick W. $3,292.41 051 W07BA10300 Garcia-Perez, Policarpa A. $3,292.41 051 W07BA10400 Ryan, Dale & Laura Simpson-Ryan $3,292.41 051W07BA10500 Gleason, Juston W. & Jessica R $3,292.41 051 W07BA10600 Zamora, Jose & Aida $3,292.41 051 W07BA10700 Fernandez, Guadalupe $3,292.41 051W07BA10800 Fershweiler, Larry & Jolene $5,566.91 051W07BA10900 Awad, Maged & Zina $4,369.57 TOTAL $273, 300 Page4-COUNCI L BILL N0. ORDINANCE N0. 59 11B r ~~ ~ ~~. ~~~~ frrcarporared .889 March 10, 2008 T0: Honorable Mayor and City Council through City Administrator FRAM: Dan Brown; Public Works Director SUBJECT: West Lincoln Street LID Final Asseasmenh RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance to levy final assessments on property within the West Lincoln local Improvement District. BACKGROUND: The City Council initiated the focal Improvement District ~LID~ process for West Lincoln Street street improvements between Cascade Drive and Leasure Street, approved the engineering report, held a public hearing and adopted ordinance No. 2341 that established the legal foundation for the LID assessments. The City has followed the procedures as outlined in Ordinance No. 2105 of the formation of a local Improvement District and levying final assessments to benefited property owners. The construction has been completed and the final costs have been determined. Property owners were notified by mail and through legal publication in the local paper. The ~u~lic hearing on the final assessments was held on February 25, 2008.. Council closed the hearing and directed staff to prepare the final assessment ordinance. ~~. Upon passage of the ordinance, property owners will receive a notice of final assessment. The property owners with unpaid assessments will also receive a Bancroft bond informa#ion package. This information package will provide a 10-year payment plan option at 5.75 interest rate. The property owner may pay the entire amount at any time within the 1 D-year period. Agenda Item Review: City Administra City Attorney ~" ~ J Financ Honorable Mayor and City Council March 10, 2008 Page 2 FINANCIAL IMPACT: Passage of this ordinance will authorize the City to collect $125,362.86 in assessment costs allocated to the benefited property owners within the LID. Attachment: Final Assessment Ordinance 61 COUNCIL BILL N0. ODINANCE N0. AN ORDINANCE LEVYING ASSESSMENTS FOR THE IMPROVEMENTS OF WEST LINCOLN STREET BETWEEN CASCADE DRIVE AND LEASURE STREET. WHEREAS, the City Council reviewed and approved the engineering report on the proposed improvement of West Lincoln Street between Cascade Drive and Leasure Street on April 14, 2003, and; WHEREAS, the City Council, by Resolution 1722, declared its intent to improve West Lincoln through a Local Improvement District process, adopted the method of assessment, established a date for the public hearing, and; WHEREAS, a public hearing on the formation of the LID was held on June 9, 2003 to receive input from affected property owners and insufficient remonstrance were received to suspend such improvement, and; WHEREAS, the assessment to each benefited property is based upon the special benefit received forthe said improvement using a distribution method as outlined for each lot identified in Ordinance 2341; and WHEREAS, legal notice of the public hearing on the proposed final assessment was provided and mailed to the owner of each lot proposed to be assessed at the address of record shown in the official records of Marion County; and WHEREAS, the final assessment hearing was conducted on February 25, 2008; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Total Assessable Cost. The actual assessable cost of the local improvement of West Lincoln Street between Cascade Drive and Leasure Street is $125,362.86, which is hereby assessed against the property described herein the amounts listed. Section 2. Levy of Final Assessments -Assessment Roll. The City Council levies final assessments against the real property in the local improvement district as set forth on the Assessment Roll attached and incorporated as Exhibit "A". Page 1-COUNCIL BILL N0. ORDINANCE N0. 62 Section 3. Determination of Special Benefit. The City Council determines that each lot described on the Assessment Roll is specially benefited to the extent of the assessment set forth on the Assessment Roll against that lot. Section 4. Payment Options. Pursuant to ORS Chapter 223 Local Improvements), benefited property owners have the following payment options: A. Full payment of the final assessment within 30 days of the effective date of this ordinancewithoutincurring interest charges; or B. Installment payment plan over a ten ~ 10) year period where annual payment will be made equal to 1/10 of the cost of their share of the assessment plus interest. If an installment payment plan is elected by the benefited property owner and the outstanding lien is paid off before the end of the 10-year period, interest will be calculated to the date of the lien payoff. Section 5. Interest. Pursuant to Section 15 of Ordinance No. 2341, the interest rate is established at 5.75~o and the accrual rate shall start from the effective date of this ordinance unless payment is made within the first 30 days. Section b. Notice of Assessment. The City Recorder shall send a notice of assessment to all owners of assessed property and publish notice of the assessments pursuant to the requirements of Ordinance 2105. Section 7. Refund of Overpayments. Estimated lien payments made prior to the enactment date of this ordinance in excess of the amount listed in Exhibit "A" shall be refunded. Interest shall be paid on the refunded amount at the rate of three and 3.75 percent to be calculated from the datewhen payment was received by the City. Paget-COUNCIL BILL N0. ORDINANCE N0. 63 Approved as to form: City Attorney Date APPROVED: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page 3-COUNCIL BILL N0. ORDINANCE N0. 64 EXHIBIT "A" WEST LINCOLN LOCAL IMPROVEMENT DISTRICT ASSESSMENT ROLL Il~ll IDI C CTDIIICTIJD~II I~_'LI (N TE: .. _ _ ..... __ ..... _ _ _ .., Denotes tax lot or names, which have been modified since the adoption of the original ordinance) UNMODIFIED PROPERTIES MaplTax Lot Numbers Owner Assessment Amount 051 W07CB09000 Zamora, Jose de Jesus & Aida $2,768.32 051 W07CB09100 Torres, Leonardo & Silva Ascensio $4,773.23 051 W070004700 Oswell, James C & Shelby M K $9,491.94 052W12DD00100 Kieling, Dean & Tanya $9,491.94 052W12DD00500 Western Sage Management Inc. $13,273.61 051 W07CB09300 Marion County Housing Authority $1,154.48 MODIFIED PROPERTIES Certain undeveloped properties identified in Ordinance 2341, adopting the local improvement district and establishing the benefit to each property have been modified since its adoption. The following table lists the original property tax lot (denoted by a double strikethrough) and distributes the final assessment proportional to the new tax lot/properties. The calculated final assessment amount for the original tax lot is based on the methodology as outlined in Ordinance 2341. MODIFIED PROPERTIES Original Tax Lot and Final Assessment Amount Assessment Map Tax Lot Number Propert Owner Amount New Map Tax Lots within Original Proportional Final Assessment Amount 051W07CB08400 Kaszubowski, Edmund $1,898.39 051 W07CB08401 Guzman, Ostiano $1,898.39 051W07CB08402 Garcia, Cesar $1,898.39 051 W07CB08403 Kaszubowski, Michal $1,898.39 051W07CB08404 Kaszubowski, Edmund $1,898.39 Page4-COUNCIL BILL N0. ORDINANCE N0. 65 Original Tax Lot and Final AssessmentAmount Assessment Amount I ~r~.,lh C~+•,+~~ I I (` New Map Tax Lots within Original Proportional Final Assessment Amount 051W07CB11400 Lindley, Ronald W. & Christine L $1,848.39 051W07CB11500 Winz, Michele W & Charlotte D $1,848.39 051W07CB11600 Zubkov, Sergey & Veniamin $1,848.39 051W07CB11700 Castro, Lorraine J & Scott E $1,848.39 051W07CB11800 Nikiforoff, Zina F & Georgi L. $1,848.39 051 W07CB 11900 Pearson, Ruth $1, 848.39 051W07CB12000 Lee, David Kook Lim & Myung Sook $1,848.39 051W07CB12100 Levko, Vadim &Levko, Marina &Levko, Ludmila & Grechko, Alexandr $1,848.39 051W07CB12200 Trevillian, Jay R. & King, Julie A $1,848.39 051W07CB12300 Erma, Manette Janelle & Reynolds, Linda G. $1,848.39 Original Tax Lot and Final Assessment Amount Assessment Amount New Map Tax Lots within Original Proportional Final Assessment Amount 051W07CB08600 Shevchenko, Ben A &Zina K, JRLT & Shevchenko, Ben A & Zina K Tre $1,898.39 051W07CB08601 Shevchenko, Ben A &Zina K, JRLT & Shevchenko, Ben A & Zina K Tre $1,898.39 051W07CB08602 Shevchenko, Ben A &Zina K, JRLT & Shevchenko, Ben A & Zina K Tre $1,898.39 051W07CB08603 Shevchenko, Ben A &Zina K, JRLT & Shevchenko, Ben A & Zina K Tre $1,898.39 051W07CB08604 Shevchenko, Ben A &Zina K, JRLT & Shevchenko, Ben A & Zina K Tre $1,898.39 Page 5-COUNCIL BILL N0. ORDINANCE N0. 66 Original Tax Lot and Final AssessmentAmount Assessment Amount n~71A/~7r1/1f1'~Qfln AAnh~Jnrh•,ll n•,,,i~J I New Map Tax Lots within Original Proportional Final Assessment Amount 052W12DA03900 Brandow, Darwin & Dorothy $1,848.39 052W12DA04000 McGregor, Yenka $1,848.39 052W12DA04100 Ortega, Jose & Maria & Ortega, Jesus and Calderon, Jose Guadalupe $1,848.39 052W12DA04200 Garcia, Maria & Gabriel C $1,848.39 052W12DA04300 Maughan, Leticia E & John R $1,848.39 052W12DA04400 Hutchinson, Bradley $1,848.39 052W12DA04500 Moreno, Marcos Moran & Villalvazo, Adriana Moran $1,848.39 052W12DA04600 Andrade, Jose Luis & Janet $1,848.39 052W12DA04700 Conway, Christopher Q & Lisa M $1,848.39 052W12DA04800 Villanueva, David & Cortes, Nancy $1,848.39 Original Tax Lot and Final AssessmentAmount Assessment Amount I innnlr, Cn~n~nn I I ~ I innnlr, Cn~n~nn I I ~ I innnlr, Cn~n~nn I I ~ New Map Tax Lots within Original Proportional Final Assessment Amount 051W07CC14100 Silva Herculano & Arroyo, Marisol Lopez $2,033.99 051W07CC14200 Ramirez, Manuel & Maria D $2,033.99 051W07CC14300 Hatcher, Janet E $2,033.99 051W07CC14400 Musgrove, Alfred C & Anne E $2,033.99 051W07CC14500 Boru, Clement & Tanya $2,033.99 051W07CC14600 Amaral, Isaac $2,033.99 051W07CC14700 Bielenberg, Rachael C $2,033.99 051W07CC14800 Rosera, William Jonathan $2,033.99 051 W07CC 14900 Geiger, Kimberly & Matthew $2,033.99 051W07CC15000 Vargas, Ma Elena & Torres, Pedro $2,033.99 051W07CC15100 Krieske, Eric & Marina F $2,033.99 051W07CC15200 Rosera RLT &Rosera, Charles J Tre & Deborah A Tre $2,033.99 051W07CC15300 Kirwan, Kevin B & Nicole C $2,033.99 051W07CC15400 Funston, Gene S & Helen J $2,033.99 TOTAL $125,362.86 Page6-COUNCIL BILL N0. ORDINANCE N0. 67 11C „ ~~ ~. W~,..:. ~B [ncorporarer!1889 March 10, 2008 T~: Honorable Mayor and City Council through City Administrator FRAM: Terrie Stevens, Assistant City Administrator SUBJECT: Water ordinance Amendment RECOMMENDATION: Approve the attached ordinance, which regulates city sanitary sewer service, water service use and regulates service charges and shut off notice requirements. BACKGROUND b DISCUSSION: At its February 25, 2008 meeting, the City Council directed staff to draft an amendment to the water ordinance to incorporate recommendations included in a staff report regarding wastewater and water service delinquent and service interruption fees and notice requirements. A copy of the February 25, 2008 report is attached. FINANCIAL IlIIIPACT: $82,400 annually, based on anticipated revenues of $78,900, and cost savings of $3,500. Cost savings reflect the current cost of red tags, $12,300 reduced by current service restoration fees of $8,800. It should be noted that the financial impact has been revised to indicate a $4,400 decrease. This is due to the fact that throughout the evaluation process all documents reviewed indicated the current restoration of services fee was $10. It was not until March b, 2008 that new information obtained indicated that the fee had been increased to $20 two years ago. That difference does not materially alter the financial impact, but does increase the current revenue collected from $4,400 to $8,800 and ,reduces the overall final impact from $8b,800 to ~$2,4oa. Agenda Item Review: City Administrat City Attorney ~ - '~J 1=inan 68 .• ~; [rrcoryarated 1889 ~~~ ~j7TAt_ HMENT ~. ~, A~ , Fl..~ . r~~,,,- February 25, 2008 TO: Honorable Mayor and City Council through City Administrator FROM: Terrie Stevens, Assistant City Administroto,'~ SUBJECT: Water Service Delinquent and Senrke Interruption Feea and Notice RECOMMENDATION: It is recommended the City Council consider changes to water billing delinquency procedures and charges, and direct staff to draft ordinance amendments to reflect Council policy. ._ ~ 1 _r Dung the City Administrator's January Brown Bag Lunch meetin ,water division g employees questioned the current procedure of hangin "red to s" for g g delinquent water services, suggesting the practice is time consumin , costl , g Y and ought not to be necessary because of the other notices iven to customers g who are late with their payments. Staff also receives complain#s from the ublic, p expressing annoyance or embarrassment at receipt of a hanging red tag. For the individual who only once neglects to pay their bill timely, the feel the suffer .. , Y Y an unfair humiliation. The public has also questioned the practice of han in gg red-tags, and have suggested we discontinue the practice. The City Administrator asked staff to calculate the IQbor and materials cost of hanging red tag notices, to determine what could be saved by discontinuing the practice. Staff wos also asked to evaluate current notice and delinquent fee procedures and compore them to the procedures employed by other jurisdictions providing water services. ~i~~ Currently, the City's water bills are due approximately 25 days after the billing date. If the bill remains unpaid, it is included as a past due amount on the next monthly bill due. Red tags are hung at residences with unpaid past due accounts at approximately SO days from the original billing date, with shut off Agenda Item Review: City Administrator ~ ~' City At#orney ~ ""~ Finance. 69 Honorable Mayor,and City Council February ~25, 2008 Page 2 occumng at approximately day 55 if the bill remains unpaid. No late fees are assessed to overdue accounts, although full payment must be mode, and a $20 fee paid by the customer before services that have been discontinued will be restored. It should be noted that the Ordinance does not currently provide for mail or hanging notices of impending service shut off; what is done has developed as practice over time. The current process of preparing and hanging red tags is labor intensive. It requires that a billing clerk prepare the list of delinquent occounts to be shut off each week, and that two meter readers spend each Friday hanging red tags. An average of 457 red tags were hung per month in 2007; totaling almost 5,500 for the year. The estimated cost of these services, including labor and materials, is approximately $12,300 annually Attachment 1). Approximately SOgb of delinquent accounts are repeatedly delinquent. According to customers' own comments, many wait until they receive a red tag each month before paying their bill. To evaluate current practices in other jurisdictions, twenty local water service providers were surveyed (Attachment 2). Of those surveyed, approximately 70% charge a total of $40 or more in fees for delinquent accounts where services were shut off. Approximately half of the providers charged $50-65. In addition, 75~ of those providers have two or three points at which fees are assessed, rather than at the one and final point where Woodburn chorges. While it may appear punitive to charge a late fee earlier in the process, the survey shows providers who charge a late fee, usually $5 to $15, with the first late notice have fewer late accounts. Providers who charge a fee with the second late notice also have fewer accounts requiring shut off. Finally, the survey shows that those who charge ashut-off, or reconnect fed assess amounts that more closely reflect the cost of the service. In Woodburn, the amounts collected recover only a third of the cost of door hangers; they recover none of the cost of shut off or service restoration. Those costs are borne by ofher rate payers. Based on the foregoing, it is recommended that Woodburn restructure the manner in which it addresses delinquent water payments, and that the total fees assessed for delinquency, through restoration of discontinued services be increased from the cuRent $10, to a total fee of $45. It is further recommended that the fee be split into three charge points: a fee of $10.00 to be charged with the 30 day late notice, a second fee of $10.~ charged with a mailed second late notice and a $25.00 reconnect fee charged when services are restored offer disconnection. Hanging red tags would be discontinued. 70 Honorable Mayor dnd City Council February.25, 2008 Poge 3 As business enterprises, Woodburn's water and wastewater operations totol approximately $7.4 million. Imposing a reasonable fee, in line with the fees charged by other jurisdictions, encourages customers to pay their bill timely and improves the Enterprises' cash flows and interest earnings. It is also more equitable for delinquent account holders to pay for the costs associated with their own delinquent accounts. In this regard, the six local water providers supplying revenue information for our survey generated between $32,000 and $177,000 annually in delinquent and restoration fees, compared to $4,400 in Woodburn. It is expected the recommended fees will decrease the number of delinquencies and shut-offs, which is the desired result. Using 2007 estimates for delinquencies at one month, two months and at shutoff/reconnect, adjusted for the increased fees, approximately $78,900 would be generated. The additional fees would offset costs associated with bad debts and contribute to reducing the need for future rate increases. The Water ordinance is aid, and may require significant revision. It is recommended, however, that only a minor revision be made at this time to incorporate Water Service delinquency and restoration fees in the Master Fee Schedule, for the upcoming budget cycle. It is acknowledged that these changes will represent a significant change for those who are use the red door hangers as a reminder that paying the water bill can no longer be delayed. Staff proposes to educate the public of this change through the press, radio, local access programming, and through the April addition of the quarterly newsletter. Your approval of the recommended actions is respectfully recommended. With your direction, a minor ordinance amendment will be returned for Council action at the March 10, 2008 meeting. ~1~~ .a: 1.1. ~ .~ $86,800 annually, based on anticipated revenues of $78,900, and cost savings of $7,900. Cost savings reflect the current cost of red tags, $12,300 reduced by current shut off fees of $4,400. 71 COUNCIL Blll NO. ORDINANCE N0. AN ORDINANCE AMENDING ORDINAWCE 1965 (THE SANITARY SEWER AND WATER SERVICE ORDINANCErTO PROVIDE FOR NEW DISCONNECTION PROCEDURES AND SETTING AN EFFECTIVE DATE WHEREAS, ordinance 1965 provides rules, regulations and enforcement for the use and supply of city sanitary sewer service and water service; and WHEREAS, Section 3 [B} of the ordinance provides charges for restoration of sanitary sewer services and water services when such services have been shut off for non-payment; and WHEREAS, under current operation of Ordinance 1965, charges imposed are nat sufficient to cover the actual cost of handling delinquent accounts, service shut off and service restoration; and WHEREAS, the actual cost of such services are being subsidized by all City residents; and WHEREAS, the City Council finds that it is fair, and goad public policy to amend the fees charged far delinquent, shut-aff and restoration of services, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Section 3 (B) of Ordinance 1965 is amended to read as follows: {B~ Fees charged for delinquency, disconnection and restoration of sanitary sewer services and water services shall be in accordance with the Master Fee Schedule. After the City water service has been disconnected for non-payment, it shat! not be restored until the past due amount and all fees have been paid in full. Section Z. This ordinance shall be effective May 1, 2ooS. Page 1-Council Bili No. ordinance No. 72 _ ~ ~ Z~ p g Approved as to form: City Attorney Dat Approved: Passed by the Council Submitted to the Mayor Approved by the Mayor Fiied in the office of the Recorder ATTEST: Mary Tennant City Recorder City of Woodburn, Oregon Page ~ - Council Bi11 No. ordinance No. Kathryn Figley, Mayor 73 11D ~1 , ,. ~~ ,~. lrltorrOr~tECf~1889 March 10, 2008 TG: Honorable Mayor and Ci#y Coun it through City Administrator FROM: Ben Gillespie, Finance Director SUBJECT: ordinance Adop~ng the Z~47-48 Mater Fee Schedule RECOMMENDATION: After providing an opportunity for public comment, adopt the attached ordinance setting fees for 2007-08. BACKGR~l~N,D: Council adopted the first annual Master Fee Schedule in September 199$, and provided for the periodic review and revision of the Schedule within the adopted ordinance. The Schedule was last amended in 2005. Budget policies include the provision that, to the extent possible, the City will charge user fees to the direct beneficiaries of City services to recover the ful! cost of providing those services. DISCUSSION: Cost of service includes all personnel costs ~i.e., salaries and benefits},operating expenses, equipmen# costs, and all applicable indirect costs ~e.g., building and equipment maintenance}. While full cost recovery is the initial target, the council may choose to deviate from that goal to reflect market conditions or policy objectives. The proposed Master Fee Schedule is attached. Column 2 identifies the amount of the current fee. In column 3, staff has measured and adjusted the cost of service to reflect current costs and operations. Column 4 compares the cost of service with the current fee. Staff has recommended what it believes is a reasonable rate of recovery column 5} and a corresponding proposed fee column b}. Column 7 highlights changes in fees. The final column column 8} reflects additional information about a fee, such as sub-fees, units of measurement, etc. _ Agenda Item Review: City Administrato ' , City Attorney '~ " ' `~ Finan Honorable Mayor and City Council March 10, 2008 Page 2 Fees with a cost recovery greater than 100% reflect one of the following purposes: Participate in commercial user's profits by setting fees at a market rate, in the case of Room Use fees at the Library; Discourage payees from writing bad checks, in the case of the Non- Sufficient Funds NSF) Check fee in Finance; Set rates based on market rates for an exclusive service, in the case of the Pool Rental fees. Notable Changes: Community Development The Planning Division fees are estimates of costs for services provided for various land use reviews conducted by the Planning Division based on the typical time spent on each project. Some of the application types have not been completed in a couple of years, so these are estimates based on expected staff time and experience with the processes and types of criteria the applicant and staff are required to address. To the extent allowed by law, Community Development fees are set at 100% cost recovery, reflecting the Council's 1999 policy that this function should not be subsidized by taxpayers. New fees can be identified in four categories: An existing process forwhich a fee has not been previously charged Anew process recently implemented Process changes from pending ordinance amendments Newservices that could be provided The Building Division fees are not being evaluated at this time. Changes in building permit fees are limited by Oregon Administrative Rules and are reviewed by the Oregon Building Codes Division. Staffwill evaluate building fees in the coming yearandwill seek approval of the Oregon Building Codes Division at that time. 75 Honorable Mayor and City Council March 10, 2008 Page 3 Community Services The Community Services Department charges fees for Aquatic Center activities, recreation programs, certain Library functions, and park rentals. In general, Aquatic Center fees were established with the goal of maximizing revenue. In determining our recommendations, we compared our fees with those at comparable public swimming pools. In most areas, fees are moving upward, however, we recommend reducing pool rental rates, where our current fees seem to be significantly higher than the market can bear. Membership fees also appear to be a little on the high side, so the recommendation is to leave them at their current levels, while implementing periodic fee discounts. The general principle guiding the development of recreation program fees is that youth programs should be priced at 50% of the cost of service, while adult programs should recover 1000. New recreation programs are currently being developed and will be priced following the same principle. Park rental fees are split into two categories, fees charged to private individuals and those charged to commercial organizations. Since it was rarely, if ever utilized, the civic rate category was eliminated. Significant changes include increasing the entire park rental fee to $300 for private individuals, and $400 for commercial organizations. The Special Event Permit fee will increase to $3,300 for those falling into the "private" category, with $2,000 charged for each additional special event day. These fees represent 50% of the cost of service and area 260~o increase over current fees. Commercial organizations will be charged 1000 of the cost of service, $6,600 and $4,000 respectively. Library fees will change very little, the biggest adjustment being an increase in late fees from $.l 0 to $.25 per day. Library Fees were calculated using the general cost of service methodology, with the exception of the Non-Resident Borrowing card fees. The fees are unchanged, reflecting Library management's intent to remain consistent with other libraries in the CCRLS. Fln~n~P Finance fees are adjusted incrementally to reflect current costs of service. PnlirP Police fees are adjusted incrementally to reflect current costs of service. 76 Honorable Mayor and City Council March 10, 2008 Page 4 Public Works Utility disconnection fees reflect the modifications made to the disconnection procedure by the City Council. SDC's and utility rates (water and sewers are not included in the Master Fee Schedule, because they are determined by complex rate studies performed by experts in those areas. Other Public Works fees are adjusted incrementally to reflect current costs of service FINANCIAL IMPACT: The proposed fees are expected to increase revenue in the General Fund and to a lesser extent in the Water Fund, and T & E Fund. Other funds, including Building and Sewer, are not affected by this revision. The total impact of the increase, particularly in the General Fund, is difficult to forecast, because the elasticity of demand is not known. 77 COUNCIL BILL N0. ORDINANCE N0. AN ORDINANCE REPEALING ORDINANCE 2368 (THE 2004-05 MASTER FEE SCHEDULE); ADOPTING THE 2007-08 REVISED SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES; PROVIDING FOR THE ANNUAL REVIEW OF SAID FEE SCHEDULE; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City of Woodburn has conducted an extensive and exhaustive analysis of its services, the costs reasonably borne of providing those services, the beneficiaries of those services, and the revenues produced by those paying fees and charges for special services; and WHEREAS, the City wishes to comply with both the letter and the spirit of the Oregon Constitution, applicable state statutes, and limit the growth of taxes; and WHEREAS, the City desires to establish a policy of recovering the full costs reasonably borne of providing services of a voluntary and limited nature, such that general taxes are not diverted from general services of a broad nature and thereby utilized to subsidize unfairly and inequitable such special services; and WHEREAS, a schedule of fees and charges to be paid by those requesting such special services needs to be adopted so that the City might carry into effect its policies; a nd WHEREAS, pursuant to ORS 294.160, at its meeting on March 10, 2008, the City Council provided an opportunity for interested persons to comment on the enactment of this Ordinance and its proposed fee increases; and WHEREAS, it is the intention of the City Council to develop a revised schedule of fees and charges based on the City's budgeted and projected costs and to review the schedule on an annual basis, NOW, THEREFORE THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Re eal. The 2004-05 Master Fee Schedule adopted on August 9, 2004 as Ordinance 23b8 is hereby repealed. All fees and charges which are inconsistent with this Ordinance are hereby repealed. Section 2. Fee Schedule Adoption. The City hereby adopts the 2007-08 Master Fee Schedule affixed hereto as Attachment "A" listing applicable fees and charges which shall be charged and collected for those services enumerated. Page 1 - COUNCIL BILL N0. ORDINANCE N0. 78 Section 3. a t F F r Pr All fees set by this Ordinance are for each identified process; additional fees shall be required for each additional process or service that is requested or required, Where fees are 'indicated on a per unit of measurement basis, the fee ~is for each identified unit or portion thereof within the indicated ranges of such units. Section 4. Review. It is the intention of the City Council to review the fees and charges adopted by this ordinance on an annual basis based an the City's next annual budget and all the City's costs reasonably borne as established at the time and, if warranted, to revise such fees and charges based thereon. Section 5. Effective Date. This ordinance shall be effectiv May 1, 2008. A roved as to form: ~ v ~. ~, / ~ ~ ~ 2 ~ ~ PP City Attorney Date Approved: Passed by the Council Submitted to the Mayar Approved by the Mayor Filed in the Uffice of the Recorder ATTEST: Kathryn Figley, Mayor Mary Tennant City Recorder City of Woodburn, Oregon Page 2- COUNCIL BILL ND. ORDINANCE N0. 79 _N _N ~ 4 U U Q Q Q Q (0 ~ I6 ~ N N N O N O O }, N U N U ~ O O ~ C C N (0 (D N ~ ~ _ O t~ ~ ~ _ L N ~ ~ ~ N N Q ~ O O N ~ N ~ ~ ~ ~ ~ _~ N _~ N _~ - Q Q Q O O O O O 0 0 0 0 0 0 0 0 0 0 O O O O O O O . O . O . O . O . 0 . 0 . 0 . 0 . 0 . 0 . 0 . 0 . 0 . 0 . O . O . O . O . O . 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~ ~ J ~ U ~ O L pp W ~ N ~ •o •N N 3 ~ (A ~ 3 o L a~ L Q (A ~ 3 0 L a~ L Q ~ ~ X ~, ~ ^~,, W ~ a~ ~ ~ ~ ~ ~ N ~ U o L N 0 L N L Q- L o ~ O N }~ N ~ L ~ L ~ ° ~ ~ ~ ~ ~ ~ ~ L. ~ to U ~ N ~ ~ ~ ~ ~ ao m ~ ~~ ~ ~ 0 ~ ~ ~ 0 ~ N Q N Q N Q ~ N U 3 ~ Q ~ Q O O O O O O O O O O O r O O O O O r O r U ~ ~ N ~ ~ ~ O ~ N _ ~ ~ c~ L J o 0 0 0 0 0 0 0 ~ ~ 00 X CO 0 o0 0 O 0 O 0 In 0 O 0 O ~ . ~ ~ ~ ~ ~ L N ~ ~ ~ O ~ O ~ O ~ ~ O ~ ~ (~ ~ ~ O t~D O o00 O O ~ O O ~ O N O O ~ O O ~ ~ U O O N ~ N {f} O 00 ~ O ~ O O ff} ~ {f} O 00 C4 ~ O N ~ + ~ O ~ ~ {f} O •L O tD ~ f~ In O In f` O ~ CO ~ ~ N ~~ Q U C C O ~ ~ N ~ ~ O ~ O ~ ~ ~ ~ L 3 ~ N ~ N ~ ~ ~ J ~, o J L (~ N L ~ ~ U ~ ~~ ~ ~ ~ f0 ~ J ~ O L ~ ~ ii ~ U ~ ~ U ~ Q N U ~ ~ a~i Y N t6 N ~ ~ N o m o J a ~ ~ ,~ ~ 3 0 L ,~, ~ ~~ y ~ o Z J U o ~ ~ ~ U o ~ ~ ~ ~ ~ ~ ~ L o o U N N ~ C ~ N ~ °o ~ ~ O •- c U o vi ~ o O O ~ ~ ~ 0 n ~ L ~ ~ ~ f6 C ~+ O 4~ ~T c ~ o ~ L O N f6 ~ ~ ~ C N L ~ U ~ ~ .+ L N O N .+ (~ (~ N (6 ~ ~ . ~ ~ ~ N N L ~ ~ C W C ^, W C ^` W C ^' W N ~ ~ °~ ~ ~ ~ ~ U U L ~ L ~~ ~ ~ ~ ~ 0 ~ ~ N N ~ ~ ~ ~ ~ ~ O Q ~ O ` r f ~ ~ ~ ~ r L `~ W ~ ~ > Q O 4~ L ~ ~ ~ ~ ~ ~ N N> ~ N F m U ~ I f~ N +~ ~ n N +r ~ I~ N +r AA ~ v/ +~ L N ~, N L ~~ a~ Q u a L o O O O O 3 Q `O Q C ~ ~ ~/, ~/, ~ •y O Q U Q a ~ ~ ~ ~ }~ v }r v i-r ~ ~..i ++ ~ o m~ ~ x m u, > O O C O C O C O C ~' ~ 07 >+ ~ o Ol Q ~ E Q ~, N (~ fA fn ~ U ~ U U d7 ~ ~ ~ ~ + ~ UJ O W L N L W 0 ~ 1A , ii /A ~ ifs ~ ~ / '~ S..l~ O O O 0 0 0 0 0 0 0 0 0 0 O O O O • O • O • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 • O • O • O • 0 O O ~ O ~ O 0 ~ O O 0 O t D 0 ~ /~~r~~ {~. 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O O N N E O 0 0 0 0 0 0 0 0 ~ {f} ('~ r r r {f} {f} b~} {f} {f} {f} b~} {f} {f} r EF} {f} Ef} EF} b~} ~ O t6 N N E ~ O In O O In O O O ~ ~} ~ ~ ~ ~ N f~ O N ~ ~ ~ ~ O ~ C~ {f} {f} {~} {f} {~} {f} r ~ ~ N In to {,F} b~} b~} EF} {f} {f} b~} EF} r, m ~ m ~ ~ ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 o v o X 0 0 X 0 0 0 O 0 0 0 0 0 0 0 0 ~ O 0 0 0 O O O O 0 0 0 0 0 0 0 0 ~ O ' N 0 ,_, L O O O O O \ \ \ \ \ \ \ \ \ O ~ O O 0 0 ~ C C C C C C C C C E CO O N ~ L ~ ~ ~ a a ~ O N N ~ ~ ~ ~} ~ ~ ~ N 3 c~ >~ U ~ ~ ~ ~ ~ ~ ~ ~ ~ _ c c c c c c c c c ~ ~ o m o ~ o ~ o o ~ o 0 0 .__ o {f} ~ ~ I~ O N ~ f` f` ~ O C'~ > N {~} ~ {~} {~} {f} ~ ~ ~ N In (fl {f} ~ {~} L +r N ~ O ~ U ~ s ~, a~ a o n ~ _ ~ rn o N ui a ~ ~ ~ ~ ~ ~ ~ ~ p ~ _~ ~ ~ °' ~ ~ ~ ~ ~ w ~ ~ c N N ~ cn ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a > .~ - - ~ a ~ ~ - w E N O tD N ~ ~~ oo ~ 0 ~ Q N ~ X - O ~ > ~ o ~ _ ,C ~ ~ > c ~ Q N N J O J N N ~ N ~ •~ ~ ~ • U ~ p N ~ Z ~ O O Q O Q ~ ~' ~ ~ ~ ~ - ~ ~ o U U ~ ~+ ~ Q ~= O - N ~ ~ ~ W ci ~ - - - i ~ a\o ~ ~ ~ °~ ~ X ~ ~ ~ ~ ~ N c i ~ (D o~ ~ a~ i j~ ~ U U m m c~v ~ D O m ~ ~~ ~ ~ 0 0 0 0 0 0 0 c~ c~ c~ o 0 0 0 0 0 0 0 ~ ~ ~ o ~ CO C4 ~ 00 N o0 ~ ~ {f} {}} N Ef} ~ M Ef} ~ ~ ' ~ ~ ~ ~ (D cfl N ~ c~ t~ c~ c~ N f` {f} f` {f} O ~ O ~ H ~ f~ ~ ~ N C C C ~ ~ {f} b~} EF} {f} {f} EF} 0 0 0 0 0 0 0 ~ ~ ~ o ~ 0 0 0 0 0 0 0 ~ ~ ~ O ~ 0 0 0 0 0 0 0 O N L O O O O O O O (~ ~ (~ ~ O ~ N N ~ N to c~ N ~ ~ O ~ O O N O O o0 O ~ ~ ~ ~ a ~ ~ (D to N A M N I~ f~ O O ~ f~ ~ ~ I~ Ef} {f} ~ {f} ~ {~} ~ {~} ~ {f} N {f} ~ t6 ~ In ~} L . ~ ~ L N ~ C > N ~ \° ~ tD O ~ ~ tD ~ 0 O ~ ~ ~ ~ ~ ~ ~ ~ c~ 0 m c~ ~ ~ o U O L ~ ~ U C N ~ ~ ~ ~ C ~ • ~ s '" ~ O o ~ ~ G v U L ~ }' U O L ~ N ~ _ +, ~ 0 ~ Q N ~ ~ W _ N U L ~ ~ N ~ +~ ~ i ~ i N c'i ~ tD of ~ ~ ~ ~, ~ 0 2 2 (n ~~ ~ ~ f6 ~4 ~ "'T..':: U lncarporn~rd l8A9 ~~~'."."" aetr• March 10, 2008 TG: Honorable Mayor and City Council through City Administrator FRaM: Ben Gillespie, Finance Directo SUBJECT: Cantingency Transfer RE Mull A I N: Council approve the attached resolution authorizing contingency transfers. BACKGROUND: The IS Fund is supported by rates charged to users. In order to match the cost with the benefit to the user, the rates are expressed as dollars per PC. In the last five years there has been only one rate increase. Cost increases have been covered through the increasing number of PC's in service. This has eroded the fund's ability to sustain itself, but it has not been critical until this year. Cost pressure comes from two sources. The increasing number of PC's will have to be replaced at the end of their useful lives, and as the fund has added service, the annual cost of software has increased. Staff has balanced paying annual software maintenance by deferring PC replacements. This year PC replacements could be delayed no longer. After replacing necessary PC's the fund is ~ 14,700 shy of meeting it software maintenance obligations. During preparation of the 2007-0$ budget, staff realized this year would be tight, but postponed a rate increase one year in hopes of operating within the existing budget one more year. A comprehensive review of the IS costs has been concluded and will result in an Additional Fund Request for the X008-Oq budge#. However, there is an immediate need to fund existing software maintenance. 11E Agenda Item Review; City Administratdr~'~ City Attorney~~J Finan Honorable Mayor and City Council March 10, 2008 Page 2 oiscussioN~ The City pursues an ongoing commitment to finding efficiencies through automation. During the last six years the number of PC's on the network has increased from 87 to 152, a 75% increase. During the same period major software has been added including document imaging and Police records management Automating manual systems and upgrading existing systems does not result in hard dollar savings, but it does produce better results effectiveness) and frees up staff for other functions efficiency). FINANCIAL IMPACT: Contingency in the IS Fund are $19,901. $14,700 can be appropriated to software purchases, leaving a contingency of $5,201. 99 COUNCIL BILL NO. RESOLUTION NO. A RESULUTI4N AUTHGRIZING THE TRANSFER GF GPERATING CGNTINGENCY APPR4PRIATIGNS DURING FISCAL YEAR 2007-OS. WHEREAS, Oregon Revised Statutes 294.450 allows for the transfer of operating contingency appropriations within a fund to an existing appropriations category within the same fund during the year in which appropriations are made, and WHEREAS, a transfer of Information Systems Fund operating contingency appropriations is necessary to pay software maintenance fees, now, therefore THE CITY ~F Wt~DDBURN RESULVES AS FOLLOWS: Section 1. That authorization is hereby given to ~ansfer the following operating contingency appropriation during fiscal year 2007-08: INF4RMATILIN SYSTEMS FUND: Transfer From: Operating Contingency X568.901.9971.5921 } $14,700 Transfer To: Materials & Services X568.151.1921.5446} Approved as to Form: City Attorney APPROVED $ 14,700 s 6 2a 4 8` ate KATHRYN FIGLEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST Mary Tennant, Recorder City of Woodburn, Oregon PAGE 1-COUNCIL BILL NO. RESOLUTION NO. 100 11F n , '4~.~5 '' .. DBUR Irtcvr~rorarer! 4889 March 10, 2008 TG: Honorable Mayor and City Council FROM: John C. Brown, City Administrato SUBJECT: Tourism and Economic Development Crant RECOMMENDATION: It is recommended the City Council direct staff to prepare amendments to the Transient Gccupancy Tax ordinance and Tourism and Economic Development Grant Guidelines, as necessary, to reflect Counci! policy. BACKGRouND: _~,. Ordinance 2290 dedicates a percentage of the proceeds of the Transient Gccupancy Tax ~TGT~ to tourism and economic development. The Grdinance currently provides for distribution of funds to the City of Woodburn and to Iota# organizations seeking funding for projects that forward City Council's tourism and economic development goals, The ordinance specifies monies wit! be provided to Iocai agencies via a competitive grant process and requires procedures to govern program administration. In September 2001, the City Council adopted a resolution establishing guidelines for the TGT grant. Guidelines dictate application process, eligible activities, applicant qualifications, award criteria, match requirements, end recipient responsibilities. Eligible activities include those that promote or enhance tourism, or those that enhance and diversify the local economy or support the expansion of existing small businesses or the development of new businesses. Eligible applicants are local government or non-profit agencies that have tourism or economic development as a significant part of their mission or objectives, and have the organizational ability to deliver a project. Guidelines have been amended twice, to reduce the applicant match requirement, increase the minimum grant award and relax auditing requirements X2003 amendments; and provide for aone-year suspension of the competitive grant process due to staff vacancies {2005. Agenda Item Review; City Administrator°~'®' City Attorney ~v!`'J Finance ~~ Honorable Mayor and City Council March 10, 2008 Page 2 Although the Council awarded Tourism and Economic Development Grants to other organizations in the past, the majority of grant funding was awarded to the Chamber of Commerce. In many years, the Chamber was the sole applicant for funds, and has been awarded a total of $250,583 since the grant's inception in 2002. An accounting of grant recipients, award amounts, and uses is included as Attachment 1. DISCUSSION: Chamber leadership has asked the Council in the past to dedicate Tourism and Economic Development grant funds to the Chamber, eliminating the competitive grant process. Except for 200b, Council has continued to use the grant process to distribute these funds, preferring to retain its flexibility to support other worthy organizations and activities. The grant has funded Chamber proposals that addressed tourism; through development of promotional material, staffing costs and overhead associated with those projects and with operating a visitor's center, and conducting a branding exercise. With the change of Chamber leadership this past year, the Chamber wants to segregate tourism development from other Chamber activities. It proposes to do this with the Woodburn Area Visitor's Association (WAVA), which would promote tourism and manage the visitor's center, located at the Woodburn Company Stores, through a contract with an outside agency such as the Salem Area Visitors Association or Mt. Angel Publishing. The proposal also requests funds for part-time visitor center coordinator and to support the cost of brochures and other printed materials. The center will represent the North County area and promote activities and attractions such as the Tulip festival and area nurseries. The Chamber proposes athree-year allocation of TOT funds, beginning with a 2008-09 budget of $50,000 of which $44,000 is requested from TOT funds. Reliance on City funds is proposed to be reduced by $11,000 in each of the next two years. The reduction anticipates growth in private memberships and the participation of other agencies in tourism funding. Chamber representatives and City staff met several times to discuss the Chamber's tourism proposal. The current proposal is evolved from earlier concepts, due to those discussions. Staff advised the Chamber, based on previous Council feedback, that asingle-year proposal is more attractive than a multi-year proposal; a proposal asking for less, rather than more dedicated funding will allow the Council continued flexibility and discretion to fund other worthy proposals including those that may be submitted by the City; and that financial support fora regional tourism organization should reflect the participation of agencies in the region, as well as private membership, who will 102 Honorable Mayor and City Council March 10, 2008 Page 3 benefit from this promotion. In this last regard, staff has discussed the possibility that Council may want to make any grant award contingent on financial participation from other sources. This would be consistent with current grant guidelines that require at least a 25 percent match of TOT funds from other sources. Based on that requirement, maximum City funding for 2008-09 would be $37,500. Staff has also advised that dedicating TOT grant funds for WAVA will impact the Chamber's, and the Council's ability to grant funds for economic development proposals that support the Council's goals for creating living wage fobs. The Chamber believes athree-year program and strong Woodburn financial support at the outset are necessary to obtain the support of other agencies and to develop memberships. Council was recently advised that the 2008-09 Tourism and Economic Development Grant cycle is approaching. Approximately three months are needed to prepare, release, collect, and evaluate requests for proposals, to recommend grant recipients and amounts to the City Council, for Council to make grant awards, and to prepare grant contracts. To meet a July 1, 2008 deadline, RFP's should be issued in April. If the Council wants to continue to distribute funds on a competitive basis, a policy choice responding to the Chamber's current request should be made, but no other action is necessary. If Council wants to alter the process by which TOT grant funds are distributed, however, to dedicate all or a portion of the funds requested by the Chamber for one or multiple years, a policy choice must be made, as well as amendments to the Transient Occupancy Tax Ordinance and Tourism and Economic Development Grant Guidelines to allow for that choice. Perhaps, before these choices are made, the Council needs to first examine whether it places stronger priority on tourism-related acitivities, or economic development-related activities, and emphasize the use of TOT monies for the higher priority. At the present, Staff requests the aforementioned policy decision from Council. Such a decision does not preclude the Council from requiring additional clarification from the Chamber regarding its proposal, from placing conditions on funding the proposal, including match, or modifying the period or amounts of any monies to be awarded. 103 Honorable Mayor and City Council March 10, 2008 Page 4 Financial Impact: Based on estimated 2008-09 Transient Occupancy collections of $215,000, an amount of $47,778 will be budgeted for Tourism and Economic Development grants. The Chamber's request can be fully supported by that amount. 104 Q H N 2 H Z a c~ 0 \° 0 \° 0 \° \° 0 0 \° \° \° 0 0 0 \° 0 \° \° 0 0 \° 0 \° \° \° 0 0 0 O 0 0~ 00~1~ ~ N~ O c~~N O c~ N ~ ~ c~ ~ c~ c~ c~ 0 ~ N C4 ~ r r 3 o ,C U • U • U • U • ,~ ~ to L L L L m U) ~ N U) N U) N ~ O U N ~ O N~ ~ p N~ ~~ N N~ ~ ~ O W N ~ nL ~ - +~ ~ t~ nL,, ~ ~ t~ +~ nL,, ~ ~ ~ - +~ ~ t~ nL,, ~ ~ ~ ~ -~ +~ nL,, ~ ~ ~ ~ cn rt `V ~ ~U rtrt ~ 1~7 ~ c~~U ~ c~ rtrt 1~7 ~ ~U O U rtrt ~ O 1~7 c~U~ ~ N N N L N~Q ~ ~ _ 'N O ~'L U ~ ~~N N ta ~C ~ ~ ~ N o ~ ~ ~~}' ~ N O ~ ~ ~ ~ O N • }' ~~0+~ L ~ ~ ~ ~ N ~ C ~•~ ~j~~ ~ ~~O~ N ~O ~ •U~U~O O ~ N ~ O L O N ~ ~ (~ N+, O O j . +, ~ ~~ ~,~ ~ ~ ~ ~ ~ ~~ ~~ ~oo O L~ ~ N ~ U ~~3 X 0 0 0 ~~ ' ~ L ° •3 ~ +, V J O ~ W (~ L L (a ~ ~ W N O W~ nn'' ~ W ~ p ~ N L p~. N W O N 3 ~ ~ u N ~ N v ~ N~ O ~ ~~~ ~ ~ ~ U > ~ Q~ =~N}' `u `y ~+~ ~ 0 ~ ~ N • ~ L O~~N~ O ~ ~ ~ c~~ ~0 •L~~ N ~ ~03~ 0~ ~ ~~~~~ i C N 'R N CN O+, }, .N~ ~~ O~N ~ > v +~ ~ (~NN~ v.- C~ N t6~ N ~N~~U a O (~ L t~ ~ NN ~ i ;~ ~>,~ ~ ~ N ,~ ~ L O~N~ N U U O N~ C~ ~ O N ~~~~0 ~ ~ N • L N ~ O ' ~ = ~ ~ ~ t6 C ~~ QN ~~ ~~ p ~ H N C . ~00 • O >,O ~ > N } C -LN ~ •3NCQ+~ ~ v 0 0 L }' L N~ ~ ~ L ~ ~cn pN O N U C -+~ ~ > c ~ ~ ~ •c~ ~~ a ~ ~ o ~ oNo~ ~~ ~ cno3L~ p 0 ~ 0•N ~~ ~~Q > ~ N ~V~D ~~ N N v'~CNO W o rt L U W p 3 X L w U ~- O 0 ~ ~ n, L ~ ~ L •- X > ~ ~ N .- ~ (n ~ t~ ~ o ~u U L rt ~ c~ o ~ L ~... ~ > +~ ~ ~ o 00 0 0 0 0 00 ~ 0 0 0 ~ N O O ~ ~ ~ O O O Q N c~ c~ ~ ~ ~ 00 ~ ~ t t L L L • ` u • ` u ~ / L.f_ ~ / ~ L.L ~ ~ ~ ~ ~ ~ ~ U ~ ~ •V ~ Q Q U U U U U ~ Uc Uc ~ ~ N N O O ~ ~ ~i ~i ~ i ~ i ~ i ~ i In ~ N N O ~O ~ O ~O ~O O ~ O ~ O O~ ~N O ~ ~ N O~ ~N O~ ~N ~ N N ~~ ~~ ~~ ~~ N O O \° \° \° 0 0 0 \° \° \° \° 0 0 0 0 \° 0 \° \° 0 0 \° 0 0~~0 OON~C4 c~ ~N O M CO ~ ~ C4 ~ In M O C ~ 3 0 ,C U U A~ W •~ +~ V •L L m (n N _ • 0 0 (n U) ~ W ~ N~•> X N ~ ~ ~ ~ ~ N ~ ~ ~ ~ ~ ~ ~ ~ c~~U ~OmO c~ ~U ~ ~--~ 0 L •--~ W ~ ~ fn O N U ~ ,1J (~ V O ~ L N 0 ~ ~ ~ • ~~ . • 3 ~~N ~Q NO ~ NN U ~N O~ O ~ ~t~ Op ~ 3 ~ ~ N+ O > O•~ O p >;~•~~ ~~ 0 ~~ t~ N - ~ L~0 ~ ~ ~ ~0 ~ ~ U t6 O 0 ~ O+ O t~ N p ~ ' ~ t~ O LLQ~ 0 ~~+-+ },~ p fAV~}' ~ NOO ~ ~ ~ ~~'~ ~ ~ O ~ ~ •i ~n` ~ t6 ~ ~ ON •--' ~C 0 ~~ ~ 0 ~ +~ N+L-' ~ N ~ W N ~ N+,~ ~ ~ W ~ Off}' W L .~ U ~ ~~ w 0 ~~ U W ~ p~~ • t6 uj ~ ~~ ~v~ Q~~~ Q~~ ~ ~~~ ' UN L ~ ~ ~ ~ 0 ~ L N w ~ ~ Q a--+ ~' ~ ~ a ~ 0 ~ 0 ~ ~ ~ > > N ~ ~ ~ ~ ' W N W > p > !~ L ~ UO ~ ~~ ~OO O+,U N ' N>._~ ~L~~ ~ L O~O t~ ~ p~ ~~ N ~cn ~O ~ V~~ +~00 O ~~ ~ ~0~0 ~~>,~ }' N U 3 U 0 0 > = ~ n'' n ~ O O ~ N N^' U •~ ~ W ~ ~ ~ ~ 0 ~ ~ ~ n n'' p L L O p cn ~ '- QO ~ ~ O ~ ~ ~ N ~ ~~•~ ~ L O~ N ~ N ~ ~~ LN N~~ -- ~ ~ ~ N ~p},~ +~~ ~ •- ~ N N p ~ v ~ O~ ~ 0 ~ >~(~ 0~~ ~ ~O~,V ~~ N p~}, ~U ~ ~ ~"~ ~~Q ~ fA N ~~~ N ~_ N ~ LO ~ ~ ~ ~ ~ ~ L N ~ ~ , *~ N ~ W L~ N Q Q ~ n,,~ ~ O~ W ~ t~ ^' L W O • + c~N n~,, •L ~ N U L 0 Q~ O ~ ~ rt L _~ 0 W Q /I N W ~~ ~ O O ~ ^ ~ ~ O ~ ~ 07 Q ~ ~ ~ ~ N ~ N ~ 0 L L L L ~ N N N N ~ ~ ~ ~ ~ ~ ~ ~ c~ c~ c~ c~ U U U U L ~ ~ ~ ~ ~ ~ In O O O I` O I` O N O ~ ~ N f` ~ N O N O Attachment 2 WOODBURN AREA TOURISM The Woodburn Area Chamber of Commerce strongly believes that tourism is an important part of our City's economic development. Annually our five million visitors spend per national studies nearly $200 per day, including an estimated $2.4 million in local lodging which generates $215,000 in Transient occupancy Tax ~TCT}funds for the City of Woodburn. For several years the Chamber has received around $45,000 per year to reimburse our tourism activi#ies at l5°l0 of cost. These expenses included the Visitor Center operation, brochure and map printing, and Chamber staff time spent on tourism. While we believe these were effective there has been no long- term plan to improve tourism, nor a caordina#ed effort to solicit fnancial support outside of the Woodburn area from businesses, Chambers, and governments. The Chamber Board has therefore decided #o create the Woodburn Area Visitor Association ~VIIAVA}, Its separate budget will include a three year plan to employ decreasin amounts of TAT funds as seed money to create a true re Iona! tourism organization. Dur initial three year budget estimate is as follows: 2D08-2009 X009-2010 2010-2011 TCT Funds $44,000 $33,000 $22,000 Membershi s 3,004 fi,004 12,000 ether 3,000 fi,000 12,004 Total Revenue $50,000 $45,004 $4fi,400 Visitor Center ~ erations $18,000 $20,000 $22,000 Brochures, etc. 30, o00 21, o00 1 1, 000 Tourism membershi s 1,000 2,000 4,000 Miscellaneous 1,000 2,000 3,000 Total Ex enses $50,000 $45,000 $46,000 We believe that as the value of WAVA participation becomes apparent more area businesses, Chambers, and government entities will opt to join, reducing TAT funds to less than half of the total revenue. After the initial creative costs of producing the "Events Calendar", "Attractions Brochure", and "Itineraries Brochure" in 2008-2009 future expense would be primarily to revise these publications. We appreciate the Woodburn City Council considering this new, long term more effective direction of our joint tourism efforts, and look forward to a beneficial partnership as we work on economically developing our area! 107