Agenda - 03/24/2008CITY OF WOODBURN
CITY COUNCIL AGENDA
MARCH 24, 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
None.
Appointments:
A. Budget Committee-Allen Ray Quintero Sr.
B. Wastewater Facility Plan Committee -John Reinhardt, Willis
Grafe, Barbara Lucas, Ronald Lilienthal, Jerry Bourne, Heidi
Bischoff, Dennis Want, Scott Eden (Marion County
representative
4. PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
Presentations:
A. Medals of Valor presented to Sergeant Bill Torres, OfficerSteve
Sloan, and Officer Zach Williams
B. OYA presentation to Aware Food Bank
5. COMMITTEE REPORTS
A. Chamber of Commerce
6. COMMUNICATIONS
A. Memo from Judge Zyryanoff dated March 20, 2008
"Habra interpretes c~isponi~i~es Para aquel~as personas que no ~ja~Ian Inyles~ previo acuerc~o. Comuniquese
a~ (503) 980-2485..,
March 24, 2008 Council Agenda Page i
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2
3
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 March 10, 2008 4
Recommended Action: Approve the minutes.
B. Planning Commission draft minutes of March 13, 2008 26
Recommended Action: Accept the draft minutes.
C. Planning Project Tracking Sheet dated March 20, 2008 29
Recommended Action: Receive the report.
D. Crime Statistics for January-February 2008 32
Recommended Action: Receive the report.
E. Community Services Department Statistics February 2008 37
Recommended Action: Receive the report.
9. TABLED BUSINESS
None.
10. PUBLIC HEARINGS
None.
11. GENERAL BUSINESS -Members of the public wishing to comment on items of
general business must complete and submit a speaker's card to the City
Recorder prior to commencing this portion of the Council's agenda.
Comment time maybe limited by Mayoral prerogative.
A. Mayor Submits for Reconsideration Council Bill No. 2704 38
[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]
Recommended Action: Adopt the ordinance.
March 24, 2008 Council Agenda Page ii
B.
C.
D.
E.
F.
G.
H.
Council Bill No. 2706 -Ordinance concerning the care and
control of animals; establishing regulations and penalties; and
repealing Ordinance 1638
Recommended Action: Adopt the ordinance.
Council Bill No. 2707 -Ordinance amending Ordinance 2057
(the Transient Occupancy Tax Ordinance) and setting an
effective date
Recommended Action: Adopt the ordinance.
Council Bill No. 2708 -Ordinance authorizing participation of
the City in the Mid-Willamette Valley Council of Governments
and directing the Mayor and City Recorder to sign an
intergovernmental agreement
Recommended Action: Adopt the ordinance
Council Bill No.2709-Resolution revising guidelines, procedures
and process for obtaining City Tourism and Economic
Development Grantfunds pursuant to Ordinance No. 2057 (the
transient occupancy tax ordinance)
Recommended Action: Adopt the resolution.
Council Bill No. 2710 -Resolution entering into Intergovern-
mentalAgreement Number 24,253 with the State of Oregon and
authorizing the City Administrator to sign such agreement
Recommended Action: Adopt the resolution.
Council Bill No. 2711 -Resolution entering into Immediate
Opportunity Fund Agreement Number 24,622 with the State of
Oregon and authorizing the City Administrator to sign such
agreement
Recommended Action: Adopt the resolution.
Council Bill 2712 -Resolution modifying Resolution 1863 to
establish employee compensation for Aquatics Coordinator
including salary and benefits
Recommended Action: Adopt the resolution.
Intergovernmental Agreement for CDBG Administrative Services
with the Mid-Willamette Valley Council of Governments
Recommended Action: Authorize the Interim City Administrator
to executethe Intergovernmental Agreement forCDBG Grant
Administration Services with the Mid-Willamette Valley Council
of Governments.
5b
77
80
84
101
113
125
130
March 24, 2008 Council Agenda Page iii
J. Agreement for Property Rental at Wastewater Treatment Plant 138
Recommended Action: Authorize the Interim City Administrator
to enter into an agreement with the Oregon John Deere
Museum Foundation to rent property at the Wastewater
Treatment Plant to conduct a grain farming operation.
K. Appointment of Interim City Administrator 144
Recommended Action: Appoint Police Chief Scott Russell as
Interim City Administrator for an indeterminate period.
12. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS-These
are Planning Commission orAdministrative Land Use actions that
maybe called up by the City Council.
A. Community Development Director's Approval of Case EXCP 145
2008-02, Located at 987 Lawson Avenue
6. Planning Commission's Approval of Design Review 2007-12, 14b
Variance 2007-07 and Exception 2007-08, Located at 845 East
Lincoln Street
C. Planning Commission's Approval of Design Review 2007-13, 147
Located at 1755 Mt. Hood Avenue
D. Community Development Director's Approval of Zoning 148
Adjustment 2008-02, Located at 1275 Cooley Road
13. CITY ADMINISTRATOR'S REPORT
14. MAYORAND COUNCIL REPORTS
15. ADJOURNMENT
March 24, 2008 Council Agenda Page iv
3A
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fncorpora~er! ?$S~
March 21, 2008
TO: City Council
FROM: Kathy Figley, May r
SUBJECT: Budget Commiffee Appointment
The following appointment is made, subject to the approval of the Council.
Please forward any adverse comments to me prior to the Council meeting on
Monday, March 2~, 2008. No repay is required if you approve of my decision.
BUDGET COMMITTEE
Position II -Allen Ray Quintero Sr. -term ends 12/31 /10
3B
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--,-
[ncorporattd t8&9
March 21, 204$
TC: City Council
FRAM: Kathy Figley, Mayor
SUBJECT: 1Nastewater Facility Plan Committee Appointments
The following appointments are made, subject to the approval of the Council.
Please forward any adverse comments to me prior to the Council mee#ing on
Monday, March 24, 2408. No reply is required if you approve of my decision.
1NASTEWATER FACILITY PLAN COMMITTEE
John Reinhardt
Willis Grafe
Barbara Lucas
Ronald Lilienthal
Jerry Bourne
Heidi Bischoff
Dennis Want
Scott Eden
* Scott Eden is from Marion County Soil and Water conservation District and will
represent Pudding Riverwatershed and Marion County in the planning process.
2
6A
Memorandum
To: Honorable Mayor and City Council
From: Judge Janice Zyryanoff
ate: o3~zo~os
Re; Pro tem judge appointed
Piip~e b~ ~lvird d»t I have appointed Thomas I;a Follett to aerie ~ a
Municipal pro tem judge, beginning 03/25/08 and until further notice.
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3
8A
COUNCIL MEETING MINUTES
MARCH 10, 2008
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0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, MARCH 10, 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 Absent
Staff Present: City Administrator Brown, City Attorney Shields, Asst. City
Administrator Stevens, Public Works Director Brown, Community Development Director
Allen, Community Services Director Row, Finance Director Gillespie, Police Captain
Tennant, Public Works Manager Rohman, Recorder Tennant
0025 ANNOUNCEMENTS.
A) Filing period for Mayor and Council positions is open and certified nomination
petitions must be filed with the City Recorder by 5:00 p.m. on August 26, 2008.
Positions to be voted upon at the November 4, 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 filing information and forms are available at the City Recorder's office.
Mayor Figley also reminded the public that there is still one Budget Committee position
vacant and she encouraged interested citizens to consider submitting an application for
this position. Applications are available through the City Administrator's office.
0064 PROCLAMATION: ,TOHN BROWN DAY -MARCH 19, 2008.
Mayor Figley stated that John Brown is leaving his position as City Administrator after
almost 10 years employment with the City. The public is invited to attend a reception on
March 19~ either at City Hall between 3:00 pm and 6:00 pm or at Lupita's beginning at
6:00 p.m..
Mayor Figley read a proclamation declaring March 19, 2008 as John Brown Day within
the City wishing him well and thanking him for his many accomplishments as City
Administrator.
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0140 PRESENTATION: AQUATICS RISK MANAGMENT ASSESSMENT AND
RECOMMENDED IMPROVEMENTS.
Mayor Figley stated that this has been a topic of concern since there was a drowning
incident a couple of years ago and staff is providing this report to update the Council and
the public on what is being done to do things better in the future.
Community Services Director Row stated that this unfortunate drowning incident
occurred in May 2006 which prompted the City to take a much closer look at the Aquatic
Center operations to make sure that it is being operated in the safest possible manner.
The report before the Council consisted of an internal analysis, an analysis of Oregon
Administrative Rules pertaining to public swimming pools, an American Red Cross site
visit and consultation, and a meeting with the City's insurance carrier risk management
consultant. He stated that the report includes an analysis of the current situation, and in
many instances, the current situation had already evolved from the time of the incident
and while other improvements are in various stages of implementation. Of the seventeen
categories within the report, the Director reviewed the following more significant
categories in the report:
1) Screening, Hiring, and New Employee Orientation: Director Row stated that, even
though new employee skills have always been tested, there has never been a standardized
checklist in place to make sure that all employees meet the American Red Cross required
skills. This checklist is being developed by staff. In addition, new employees are
required to go through a j ob shadowing program whereby they work with an experienced
mentor already on staff for a minimum of 4 shifts and an improvement being made in this
program is that a job shadowing manual will be developed to make sure that the program
is fully implemented.
2) Staff certification: Improvement is being made in this category through the
development of a head lifeguard training course which will be developed in the coming
months and implemented by the end of spring or early summer. This course will train
those individuals who have been promoted into a head lifeguard position to better
manage facility wide emergency incidents, perform regular on-going maintenance and
inspection required by the facility, and learn basic supervision skills. When the facility is
open, there must be, at a minimum, a head lifeguard and/or a member of management on
duty to be responsible for the overall facility operations.
3) In-service training: This training has always been a part of the Aquatic Center staff
training program, however, staff will be taking the lifeguards from the point of just
having basic water rescue skills to train them to manage incidents that occur at the
facility. Staff tries to have in-service training done monthly but have not always met that
benchmark. There are at least 10 training sessions per year and an improvement in this
category is to do at least 12 training sessions a year. These training sessions are
mandatory for all employees and if an employee misses a session, they are required to
make it up and, if not, they are relieved from duty.
4) Life guard attentiveness, rotation, and scanning policies: Under state law, the Aquatic
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Center is required to have 1 lifeguard on duty for every 40 swimmers in the water. The
Center always meets, and generally exceeds, that requirement. Another guest protection
standard that the State recognizes is the 10/20 protection rule which dictates that the
Center has a sufficient number of lifeguards placed where they need to be in order to
recognize a swimmer in distress within 10 seconds and reach them and begin providing
care within 20 seconds from recognizing them. The Aquatic Center does meet both of
those standards. Studies have shown that fatigue reduces peripheral vision by about
30°10 and staff has been implementing the following: (1) a strategy that recommends that
lifeguards change physical body position at least once every 10 minutes, (2) lifeguards
are rotating so that they are not at a station more than 30 minutes, and (3) lifeguards get a
10 minute break for every hour on deck. Red Cross has determined that they have found
a factor that is a significant contributor is a large number of catastrophic aquatics
incidents. This factor is known as RID -Recognition, Intrusion, Distraction -and staff is
committed to making sure that employees understand the dangers of the RID factor.
Policies have been developed and implemented to eliminate as much as possible that
factor from becoming a problem at the facility. Lastly, a lifeguard auditing program is
being developed whereby staff will systematically audit lifeguards on a regular basis,
document it, and correct problems immediately.
5) Location of lifeguard stations: It has been determined that there is a blind spot on the
northwest corner of the swimming pool next to the waterslide and it is the protrusion of
the slide that creates the blind spot. This area is visible to lifeguards on the north wall of
the pool but not to lifeguards stationed in other areas of the facility. A concave mirror
will be installed on the north wall of the pool. Another visibility issue is glare which is
an issue in every swimming pool however, our facility has a less significant glare than
most centers since there is not a lot of exterior light coming into the facility. It is
recommended that lifeguards incorporate some strategies to reduce the negative effects of
glare such as making greater use of the elevated lifeguarding platforms and employing
roving strategies so that they are moving around and looking at the water from different
angles.
6) Zone for coverage: Lifeguards are trained which zones they are responsible for
protecting based on the number of lifeguards on duty. Detailed visual zone coverage
charts will be developed and posted in the lifeguard office and lifeguards will be trained
on visual zone coverage on a more regular basis.
7) Life jackets: Staff will be training lifeguards to pay more attention to those swimmers
wearing life jackets to insure that they are receiving the proper monitoring and assistance
in making sure that the life jackets are on properly.
Councilor Lonergan questioned if life jackets are voluntary or are lifeguards to determine
which swimmers should be wearing life jackets.
Director Row stated that life jackets are available for anyone that wants or needs one and
if a lifeguard sees that a swimmer could benefit from the use of one, staff will either
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make sure that the swimmer gets into shallower water or wears a life j acket. There are
also those cases where young people are in the pool for a long period of time and they
get fatigued which is another issue that lifeguards need to be aware as well.
8) Safety signs: Staff is developing new facility group rule signage in both English and
Spanish with these signs to be posted in the swimming pool area. In addition, staff will
be posting additional "no diving and no running" pictogram signs so those who cannot
read the language can see the picture and hopefully understand the intent of the message.
9) Visiting group policies: Improvements noted in this area are 1) groups will be
required to schedule one week in advance of their visit and 2) one adult person in the
group will be asked to perform a water watching task for every 20 swimmers they bring
with them. Staff will convey safety rules to the group including pool depths and life
j ackets usage. Additionally, a water watcher program will be implemented whereby
volunteers willing to accept some responsibility will be paying closer attention to the
water and alerting the lifeguards of any problems that they recognize. Staff will continue
to be vigilant as to what is going on while swimmers are in the pool but these volunteers
will provide an extra set of eyes and pointing out potential problems.
Director Row stated that certain risks are inherent in operating an aquatic center and
there is nothing that can be done to eliminate all risks, however, the City is committed to
making sure that the Aquatic Center operates in the safest possible manner. This is an
on-going process of analysis, evaluation, recommendation and evaluation and staff will
continue to make improvements even after all of improvements noted in the report have
been made.
Councilor McCallum requested clarification of a group visiting the facility being asked to
provide a water watcher.
Director Row stated that the group would be bringing chaperones and the water watcher
program would be having chaperones specifically dedicated to sitting down in a certain
area of the facility and watching a certain area of the pool. He reminded the Council that
this would be voluntary and some chaperones may be reluctant to accept that level of
responsibility but staff has been trying this program since last May and it seems to be
going well.
Councilor McCallum questioned if the School District and the City still cooperate on the
4th grade school swim lessons that has been through Woodburn Together.
Director Row stated that this partnership between the City, Woodburn Together, and the
School District still exists.
Councilor Lonergan felt that this was an excellent report and staff has taken a proactive
approach on this issue.
0729 CHAMBER OF COMMERCE REPORT.
Don Judson, Executive Director, stated that the Greeter's Program will be held on
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March 14th at Valley Pacific Floral and on March 21St at the OGA golf course. On March
14th, the Distinguished Service Award banquet will be held at Wellspring and tickets will
be available through March 10th. Lastly, a special promotion will be held on April 19th
and 20th involving merchants along Highway 99E with the celebration of the 60th
anniversary of Al's Garden Center, Long Bros. is opening their newly remodeled store,
Heidi's Cafe will be having some specials, and the Chamber is talking to more merchants
interested in participating in a shopping extravaganza. This is the same weekend in
which a Wine Festival will be held at the tulip fields.
Director Judson stated last month it had been suggested to him after a Council meeting in
February that the Chamber members did not care about system development charges and,
after thinking about it, realized that his focus has been on Chamber solvency and trying
to get tourism funding in some logical fashion for the future. Since then, he has been
encouraging Chamber members to attend the Council meetings and show that they are
ready to be a partner in future reviews. He hoped that with the number of Chamber
members present at this meeting, the Council will see that they are ready to step up when
talking about issues affecting our community.
Mayor Figley expressed her appreciation in seeing the large number of individuals in the
audience and encouraged them to attend future meetings.
0830 WOODBURN SCHOOL DISTRICT REPORT.
Walt Blomberg, Superintendent, thanked Director Row for his report on the pool. He felt
that it was exceptionally well done and reiterated that they have had a strong partnership
with the pool regarding the 4th grade lessons and the After School program.. He reported
that the School District is engaged in a renewal of their Strategic Plan and have met with
staff members and a number of people within community to talk about the future of
Woodburn Schools and the direction the District should follow. A draft report will go
before the School Board in April and, once adopted, the report will discuss changes to be
made and their ideas of what should be accomplished over the next 5 years in future.
Another project recently done by the District was to survey the community about a
potential bond measure. The survey was on a $76.2 million proposal which would add 2
new K-8 grade buildings and one small high school. The cost for this bond proposal did
not meet with much favor from those surveyed since, for the most part, people do not
want to pay anymore taxes. They continue to look for an amount that would be palatable
and then explain the need and options that were looked at to the public between now and
November. Lastly, the Guys & Dolls performance at the High School last Thursday
through Saturday was an exceptional performance involving the Choir, Band, and many
actorslactresses.
0960 CONSENT AGENDA.
A) approve the Council meeting minutes of February 25, 2008;
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B) approve the Council special meeting/workshop minutes of February 19, 2008;
C) accept the Planning Commission minutes of February 28, 2008;
D) receive the Planning Project Tracking Sheet as of March 6, 2008;
E) receive the Building Activity Report for February 2008;
F) accept the report on the Intergovernmental Agreement with ODOT for environmental
Assessment on Highway 214 between Broughton Way and Park Avenue;
G) accept the informational report on the proposed property rental for farming operation
of Wastewater Treatment Plant;
H) accept the informational report on the Highway 214/Settlemier Avenue/ Boones Ferry
Road project update; and
I) receive the Animal Control Ordinance status report.
Councilor McCallum stated that he had received positive feedback on the draft animal
control ordinance and, in general, residents were very pleased with provisions relating to
dogs. He also stated that some residents did not understand why chickens would be
allowed under the ordinance.
MCCALLUM/COX... adopt the consent agenda as presented. The motion passed
unanimously.
1013 PUBLIC HEARING: TRAFFIC IMPACT FEE (TIF) (Continued from FebruarX
11, 2008 City Council meeting,
Mayor Figley opened the continuation of the Traffic Impact Fee update public hearing at
7:36 p.m.
Public Works Manager Rohman stated that after the February 11th meeting, staff sent
notices to each property owner included in the interchange management area that would
be affected by the interchange management charge. He reviewed presentation materials
provided at the February 11, 2008 hearing on the study's purpose, policy
recommendations, key assumptions, and System Development Charges (SDC's)
comparison study. Staff feels that the that proposed SDC's (also known as TIF) fairly
and equitably allocates the cost of the City's transportation improvements for the next 20
years. It was a consensus of the Council at the November 2007 workshop to proceed
with the 50/50 split of the $5.5 million still owing to ODOT for the future interchange
improvement. At the February 11, 2008 meeting, Mr. Donaldson from Capital
Development indicated that the commercial cost had gone up significantly for
development along the interchange and, following the meeting, Mr. Donaldson had
provided him with potential developments that could occur on his property for the
purpose of calculating the proposed TIF's. He stated that he calculated costs for three
different developments: /) a 155,000 sq. foot home improvement type of store under the
current rate would pay $1,211,000 while the proposed rate would increase to $1,247,000
($36,000 increase); 2) a 72,000 sq. foot specialty retail store under the current rate would
pay about $653,000 while the proposed rate would increase to $892,000 ($239,000
increase); and 3) a 75,000 sq. foot supermarket under the current rate would pay
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$1,162,000 while the proposed rate would decrease to $946,000 ($216,000 decrease). He
stated that supermarkets tend to spread their trips out fairly evenly throughout the day
which is why they have a high average daily traffic count and would pay a higher TIF
charge under the current rate structure. He stated that TIF's are due at the time a
building permit is issued and the amount of the fee is based on a square footage and,
based on the cost of construction, this fee tends to be relatively small. For example, an
industrial development might pay around $2 per square foot for the TIF while
commercial uses might pay between $4-$10 per square foot since they generate a higher
trip rate. He reiterated that staff feels that the new methodology is awell-conceived
plan, it provides a fair and equitable proportion of the traffic impact fees amongst the
undeveloped property still within the City, and it is not a hindrance to good quality
development that the City is looking for.
Councilor McCallum questioned if the City had received many written responses on this
issue.
Public Works Manager Rohman stated that two additional written responses had been
received prior to this meeting and they have been included in the in the agenda packet.
Councilor Lonergan stated that the one written response mentioned an objection to
widening the highway from Lincoln Street to the south city limits.
Public Works Manager Rohman stated the letter had inferred that ODOT had turned over
the responsibility of Highway 99E to the City. The City will be making a small
contribution towards a future improvement to that roadway but the State still retains
responsibility for Highway 99E.
1471 Wally Lien, Attorney representing Capital Development, stated that he had just recently
been retained to represent Capital Development on this issue, however, since this issue
may end up in a different venue, it is his responsibility to his client to enter a document
into the record so that the technical matters are taken care of for the future. He requested
a little more time and, understanding that the Council granted a continuance last month,
he has not been able to locate a traffic engineer to assist him with the methodology and to
provide an independent review. He provided the Mayor and Council with a memo
requesting the continuance along with legal issues that, in his opinion, bears some
additional discussion. He did not feel that there was an immediate need to rush to a
judgment and by waiting he hoped to avoid some issues once a final decision has been
made by the Council. He stated that the problem he ran into was that he has never seen
an IDC (Interchange Development Charge) before where an area is geographically
identified located both inside and outside of the current city limits but does not include
the entire City. In his opinion, this area is a special district that is assessed its own SDC
and then that charge is in addition to the normal city-wide SDC. He cited a state statute
that says when a special district is created and all of the property within the city limits is
not included, and in fact crosses geographical and jurisdictional boundaries from the
City into the County, the SDC is not the way that it gets done. A special transportation
district would be applicable which is governed by a different state statute (Chapter 267).
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He reiterated that a special transportation service district would be the applicable
formation process to follow and the fees to be charged would be a tax rather than a fee.
He stated that if it was assumed that the SDC is an appropriate mechanism, then there is a
lack of equity since that interchange has been poor for many years. He argued that
property is treated differently between the interchange area and the east side of town
even though the undeveloped land outside of the interchange area uses that same
intersection and could generate the same or more peak hour trips. Under the proposed
methodology, the property within the interchange district is treated differently because of
its location and those properties outside of the district get to use the interchange but do
not have to pay the additional charge. It is his belief that the proposed SDC is not a fair
and equitable charge. He also felt that there were some problems with the rationale in
the text since ORS 223 requires there to be substantial evidence and adequate findings
and, if appealed, Circuit Court looks at evidentiary support for what has been done. He
felt that some of the assumptions that were made may not be explained enough to
substantiate findings. If the IDC is eliminated from this mix and it is spread over entire
city, then an equitable charge would be applied to all undeveloped property. If the
Council will not eliminate the IDC, then he requested that the interchange district pay
only one of the two charges which maybe the IDC instead of the SDC.
1874 Public Works Manager Rohman stated that the IDC was looked at very carefully and
there is nothing that prohibits the two different charges since, in the interchange
management area, it is just one fee composed of two different components. The
Transportation System Plan looked at land outside of the urban growth boundary but
within the proposed urban growth boundary expansion. The City will only be able to
collect fees on property that has been annexed into the City and development approval
given.
Councilor Cox question if any of this property that is outside of the city limits but within
the urban growth boundary that is within the IDC will be developed in the County.
Public Works Manager Rohman stated that someone could develop property in the
County but he does not see that happening since the property in the County does not have
any utility services available. A proposal could be made to the County but they are
aware of this being an expansion area and, as a practical matter, did not see development
happening in the IDC area.
Councilor Cox stated that a comment was made that property that was re-developed does
not pay but it was his understanding that re-developed property would pay if a change in
use would generate more traffic then it would pay the difference between the prior use
and the new use.
Manager Rohman confirmed that a developer maintained the same use with the same
square footage would not pay additional SDC's, however, property re-developed by
changing the use but maintaining the same square footage would pay the difference
between the two uses.
Councilor Cox stated that any change in use would have to come before the City for
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approval through the site development review process and, if there is an additional traffic
load imposed by the proposed development, then the City would be collecting the
difference at the time the development occurs. He stated that he is willing to adopt this
document except for the legal issues Mr. Lien has raised and he is not prepared to
disregard the arguments. He would like City Attorney Shields to look at this issue very
carefully and provide a report before it is brought to the Council for final consideration.
If it is determined that some other procedure is necessary, he would want the Council to
follow the other procedure. He also stated that the Council could authorize staff to draft
an ordinance but, before actual adoption, a report from the City Attorney be provided. In
regards to the suggestion of leaving the IDC off the table at this time and start
implementing the SDC's, he stated that he could foresee problems with authorizing one
but not the other in that the Council would need to go back and raise the city-wide SDC's
and it was his feeling that it should be done as a package at this time.
2120 John Donaldson, Capital Development, stated that his attorney identified a number of
technical issues that need further Council consideration. He stated that his company is
willing and eager to pay at least their share of SDC's and willing to pay more than their
share but they do not need to pay for one-half of the project which would, in effect, be
what the City would have them do if the proposed fees are enacted. He stated that on a
40-acre project, they have the ability to add a significantly large number of additional
stores. They had also provided Public Works Manager Rohman with a buildout of
significant office complex units in this area that, at one point, totaled up to $15 million in
fees if they were calculated the way the City has them. In another project that did a mix
of property calculated to $6-$7 million in fees. In his opinion, there is an inherent, unfair
imposition placed on them and he requested the Council not to close the door on
opportunities for jobs, further growth within the City, and goods and services that can be
provided to the community. Lastly, he did not know the rationale for getting this
completed but stated that there maybe other things they can do to help the City in this
process if they had the ability to negotiate an amount of their fair share up front or
possibly make quarterly payments before any development ever occurs. He reiterated
that they want to be a good corporate citizen and are willing to pay more than their share
but are asking for some help from the City.
Mark Wolf, Woodburn, stated for the record that the comments he is making at this
hearing reflect his views and not that of the Chamber of Commerce. He stated that he
had no knowledge of the hearing that was held last month even though he is one of the
larger property owners in this City. As a developer of property in multiple states and
Asia, he spends a lot of time out of town but was unaware of the issue before the Council
until he saw a local newspaper article. He is very well aware of fees charged by different
jurisdictions and he considers SDC charges as a total package of all government fees and
into the cost of holding property. He has heard that Woodburn ranks 3rd worst in the
State of Oregon and he would argue that, with all of the fees, Woodburn is the last. He
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referred to the system development charges document that was prepared by the League of
Oregon Cities that talks about Woodburn. In his opinion, there are a lot of great
businesses in Woodburn that are struggling to survive due, in part, to up-front costs
much of which are passed on to the businesses by developers. He stated that he pays
over $200,000 annually in real estate taxes on two shopping centers he has in Woodburn.
His company looks at which towns to due business in and he understands that fees need
to be assessed to meet obligations but they are driven by market forces and rents, cost of
land, and system development fees are important to them. He cited different types of
businesses he has wanted to put into Woodburn but has not done it because of the fees
charged by the City. He stated that many different well-known businesses will not come
to Woodburn because of fees and because of, what they feel along with himself, an
unwelcome sign for business. With the upcoming election, he encouraged the public to
become involved in the upcoming election.
2414 David Christoff, Woodburn, thanked City Administrator Brown for 10 years service and
for the improvements he has made to our community. In regards to the proposed
charges, he felt that it was wisdom on Councilor Cox's part to take in as much as they
can and it would be wiser to get it done right rather than just to get it done.
Councilor McCallum questioned if City Attorney had time to research the issues
presented.
City Attorney Shields stated that he had just been served with the memo and his reaction
is similar to Manager Rohman's comments. However, he did feel that it would be
prudent to look at any legal issues that have been raised. Since this is not a land use
hearing, notice was given as required under the state statute and the Council continued
the hearing to this meeting. The Council could close hearing at this meeting and give the
staff some direction but no ordinance with the methodology and findings attached to it
would be in effect unless it is adopted. He stated that the initial distinction he sees
between a district and this issue is that this is a fee and no money for an SDC fee or
charge is imposed until it is developed. On the other hand, a special district asserts
jurisdiction outside of the jurisdiction.
2525 Councilor Cox stated that, as a legislative matter, the City has the power to look at
documents from any source even though the hearing maybe closed. He cited as an
example whereby Attorney Lien could provide the Council with a report from a Traffic
Engineer then the Council could review that report before any action is taken.
Attorney Shields agreed that documents can be reviewed even after the close of the
hearing. He stated that the SDC Statute tacks the writ of review onto to this but he feels
that it is a legislative matter and the Council could look at material presented.
2585 With no other individuals within the audience wishing to comment on the issue, Mayor
Figley declared the public hearing closed at 8:26 pm.
Councilor Bjelland felt that one issue to be addressed is the equity issue on how the City
arrived at an allocation of the $5.5 million within the TIF process for payment towards
the improvement of the I-5 interchange. He stated that, In looking at past history in
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attempting to equitably distribute costs to benefitting properties, the City often looked at
not exactly everyone paying the same but how the benefit flows to the different
properties involved. It should be very clear that those in the interchange district would
benefit more from the improvement of the interchange than improvements to Highway
99E, therefore, those property owners receive a greater benefit and there should be some
allocation of an additional cost involved with the total traffic impact fee. Since the City
has to work with a given amount of dollars to fund all infrastructure needs through 2020
from increased growth within the City and if that allocation process was eliminated, the
City can only change the total amount of dollars by reducing the projects to meet
infrastructure needs or for those infrastructure projects to come in at a lower costs.
Assuming the costs do not change and costs are reallocated, then everyone else in the
City developing property would see SDC fees higher than what is proposed. He stated
that he had wrestled with the 50/50 split and, in his opinion, there appears to be a
reasonable allocation of benefits. He referred to the three projects presented by Mr.
Donaldson and, even with the increased amount since his projects fall within the
interchange management area, one project increased by 1%, one project increased by
25°10, and the third project decreased. The Council felt that the peak hour trip process is a
more appropriate way of allocating costs to those businesses that are going to be
expanding and providing greater traffic volume onto the City's system, therefore needing
additional improvements to the City's traffic infrastructure. He stated that not everyone
will be a winner in this type of situation and it is incumbent upon the Council to most
equitably distribute those costs in a fair manner. He stated that he feels comfortable in
the methodology that has been used to arrive at these costs and, admittedly they would
like to have all SDC's (water, sewer, traffic, storm water, parks, schools) lower, but there
is also an obligation to make sure that people requiring more infrastructure within the
City are paying their fair share and not putting the burden on those people who are
already here. Cities that have high SDC's are primarily those cities that are growing and
have new infrastructure needs over the next 15-20 years. A need exists and yet people
are reluctant to, and object to, paying for these improvements and the Council has to
attempt to balance all of those issues to pay for future costs to support Woodburn's
future.
Councilor Lonergan agreed with comments made by Councilor Bjelland and reminded
the public that the methodology has not been changed since 1999. In his opinion, the
proposed methodology seems to be a fair and equitable solution . In looking at the
comparative analysis with other cities, it appears that Woodburn fits in with what others
are charging.
Councilor McCallum also concurred with statements made by the Councilors. As
pointed out earlier, the Council can still take a look at this issue before an ordinance is
adopted.
Councilor Cox stated that Woodburn, as in any growing City, has a huge need for
improvement of public infrastructure and Woodburn needs road improvements. Money
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to pay for these improvements cannot come from general taxes since there would be no
voter support. Developers will need to pay increased fees to fund improvements. He
stated that he was sorry if these fees price Woodburn property out of the markets that
might otherwise be there but he felt that it would be irresponsible on the Council's part to
not raise the SDC fees and let everyone develop anyhow without providing the money to
pay for the improvements that a development would require and benefit from as an added
load on the City's public facilities. The Council wants to be responsible and equitable
about this issue and, in his opinion, the report in which the consultants, staff, and Council
has wrestled with for many months does about as good a good of job that could be done
under the circumstances. He is prepared to vote for this unless the City Attorney
provides a report that is different based on review of Attorney Lien's memo.
Mayor Figley stated that Woodburn is one of the first cities in the State of Oregon who
has been required to pay a significant share of the interchange improvements if the City
ever wants the interchange improved. The City's share needs to be paid in some manner
and they cannot come from the general taxpayer in our community. She feels that the
logic that came into the additional charge for interchange area development has to do
with the fact that businesses locate there for the visibility or freeway access. Those who
are not as concerned about that visibility can locate along Highway 99E or Highway 214.
The City will be required to pay $8 million toward interchange improvements and those
costs should not be sacrificed from general fund services to residents or businesses
already herein Woodburn rather these costs need to come from growth.
Councilor Bjelland stated that the Woodburn interchange was the first one in State of
Oregon to have the interchange management district applied which is why there are not
other incidences of having that occurred in the past. Because of Woodburn being the first
one to do this, we have improved Woodburn's chance of getting the interchange funded
over many other communities who also want to improve their interchange area. He also
stated that State transportation dollars are very scarce at this time but when dollars do
become available, Woodburn will have a much better chance of having our interchange
improved over other communities. He stated that having the interchange improved is
critical to the future economic development of Woodburn.
COX/MCCALLUM... approve the proposed methodology in amounts for the increase in
the system development charges which has been the subject of this hearing and instruct
staff to bring back an appropriate ordinance or resolution on this matter.
Councilor Bjelland stated that he would assume that the City Attorney will take an
opportunity to research the legal issues that have been raised to make sure that the
Council is on sound footing if they elect to move forward with the ordinance.
Attorney Shields stated that he will be looking at the legal issues brought forth and the
ordinance will be made available to them for review prior to Council consideration of
any final action. Also, interested members of the public will be given an opportunity to
comment when it comes before the Council.
Councilor Cox stated that his motion did not set a time limit but he would assume that
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staff would act as soon as they can on this issue.
Attorney Shields stated that legal issues do need to be looked at and the document will
include findings to substantiate their decision.
On roll call vote, the motion passed unanimously.
3308 COUNCIL BILL N0.2701-ORDINANCE LEVYING ASSESSMENTS FOR
THE IMPROVEMENTS OF COUNTRY CLUB ROAD BETWEEN BOONES
FERRY ROAD AND ASTOR WAY.
Councilor Cox introduced Council Bill No. 2701. The two readings of the bill were read
by title only since there were no objections from the Council. On roll call vote for final
passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2701 duly
passed.
3358 COUNCIL BILL N0.2702 -ORDINANCE LEVYING ASSESSMENTS FOR THE
IMPROVEMENTS OF WEST LINCOLN STREET BETWEEN CASCADE
DRIVE AND LEASURE STREET.
Council Bill No. 2702 was introduced by Councilor Cox. 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. 2702 duly passed.
3402 COUNCIL BILL N0.2703 -ORDINANCE AMENDING ORDINANCE N0.1965
(THE SANITARY SEWER AND WATER SERVICES ORDINANCE) TO
PROVIDE FOR NEW DISCONNECTION PROCEDURES AND SETTING AN
EFFECTIVE DATE.
Councilor Cox introduced Council Bill No. 2703. The two readings of the bill were read
by title only since there were no objections from the Council.
It was noted that the effective date of this ordinance is May 1, 2008.
On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared
Council Bill No. 2703 duly passed.
3367 COUNCIL BILL N0.2704 -ORDINANCE REPEALING ORDINANCE N0.2368
(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.
Councilor Cox introduced Council Bill No. 2704. Recorder Tennant read the two
readings of the bill by title only since there were no objections from the Council.
City Attorney Shields stated that the recommendation on the agenda does not match the
one in the staff report and there is a state statute (294.160) that says that the City does not
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have to have a public hearing but public comment should be asked for when fees are
proposed to be raised.
Mayor Figley stated that the proposed ordinance would increase the fee schedules in all
departments. It is a fairly lengthy document and did not know how many people have
had the time to look at the document in order to express an opinion or viewpoint but she
wanted to offer the audience an opportunity to anyone who would like to make a
statement. She stated that it has been the City's philosophy to try to have a lot of services
pay for themselves and what is subsidized is frequently in the arena of services for youth
and sometimes for other services which the Council believes should have some subsidy.
Don Judson, Chamber Executive Director, stated that no one in the Chamber has had an
opportunity to look at this ordinance, therefore it is difficult to have public comment. It
may or may not be significant but he hoped in the future the Chamber would receive a
copy of the agenda so that their members can have an opportunity to look at items up for
review .
Mayor Figley stated that most of the fees have a nominal increase primarily to account
for labor and service costs.
Councilor McCallum questioned if the Chamber was on the mailing list for agenda
materials.
Mr. Judson stated that he did not receive anything in the mail.
John Gervais, Woodburn Independent, stated that he does not receive anything until
Friday afternoon prior to the Monday Council meeting.
Mayor Figley reiterated that a lot of the fee increases are basic fees for services and are
mostly nominal changes due to cost of the living.
Councilor Bjelland took issue with the Mayor's statement in that he did not feel that the
proposed planning and development fees were nominal. He questioned staff as to how
the current cost of service was arrived at for some of these fees since some of them are at
33°10 rather than 100°10 current cost and he wondered if the City has seen 3 times the cost
of providing these services over the last 3 years or if there was some other method used
to determine the cost.
Finance Director Gillespie stated that the methodology in calculating the cost of service
is the same method used over last 4 or 5 years. Managers estimate how long it takes for a
certain class of employee on a specific fee, an extension on the number of hours times
hourly rate is calculated to apply labor costs, then factors are applied to account for
supplies and capital that looks at the budget and how supplies relate to labor for any
given division. These numbers are added together to come up with a fee that accounts
for 100°10 of the City's cost to process a specific fee. The Planning area has some major
changes in the proposed fees. When the last fee schedule was approved in 2004, the
Council decided not to charge 100% for those planning fees. In this fee schedule, staff
went back to the Council's direction given in 1999 that said that the Council would like
to have the planning fees be self-supporting.
Councilor Lonergan questioned as to how staff communicates, if any, to the Council
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during the course of year if a fee maybe too high and may need to be reviewed to
determine if any change should be considered by the Council.
Director Gillespie stated that in the parks division, staff tries to set the fees to reflect
market conditions and, cited for example, the aquatic center fees which have fees similar
to those in the area . He stated that trying to judge where the price point is can be very
hard and staff has been trying to find where the demand is to try and maximize the
revenue.
City Administrator Brown stated that the Community Services department is now
offering discounts on different kinds of fees and programs as a marketing tool to see if it
makes a difference in volume of users. During the year, any one of the City's department
heads can come in to talk about changing their fees either up or down as well as
proposing creative means of addressing the demand part of the curve. In respect to the
planning fees, it has always been acknowledged that those fees are high but the Council
has also talked about the price of development paying for itself and not having certain
benefits paid for by the general taxpayer. The Council has been swayed by arguments
about small projects paying a disproportionate share of a fee charge and the fee schedule
has been adjusted to slide a little in this regards before it goes off of the methodology and
equity that it is intended to be. He stated that the proposed fee schedule goes back to
setting a fee to recover costs.
Councilor Cox stated that all fees are nominal and in line with inflationary trends except
for planning fees and he has a lot of sticker shock on those proposed fees. Therefore, he
will be voting no on this ordinance so that it will not be put it into effect as of this
meeting. He agreed with Mr. Judson that people need to be alerted that the fees are going
up. He cited an example of a simple variance fee which would cost under the proposed
schedule $3,474 whereas before it was $1,769. He realizes that the City would like to
recover as much as possible and people getting the benefit should have to pay for it.
When talking about the kinds of applications that Community Development deals with,
no two applications are exactly alike and these estimates for cost of service are very
rough and cannot be applied to all categories. He is also inclined to think that the City
may not want to get 100°10 recovery because part of what the City is doing is not for the
benefit of that particular piece of property at all rather it is for benefit of the public as a
whole where the City is trying to protect the quality of development that goes on in our
community and to enforce our laws. It may be that the public as a whole should pay for a
portion of the cost if they want the Council to preserve the quality of things that go on
within the City. He stated that he is not criticizing the Community Development
Department but feels that he needs more information before he would agree with those
fees.
Councilor Bjelland stated that he has similar concerns and different kinds of variances
require the planning department to go through a series of steps in order to justify
approval of a variance. He did not know if there are different classifications of variances
such as a minor variance or a major variance thereby having two different fee structures
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supporting those applications. The issue of variances has come up before and it was
determined that it was high at that time and now the proposed ordinance would double
the amount again. He felt that it would be worthwhile to find out if there could be some
way of classifying variances that would allow for a tiered pricing structure.
4088 Administrator Brown stated that staff has been through this exercise in the past to try and
establish a sliding scale and they are willing to look at it again. There are some fees that
are included in this ordinance that staff would like to see adopted soon and cited the
previous agenda item which set some water fees that would go into effect May 1, 2008.
If the concern is focused solely on the planning fees, he suggested that those fees be
pulled out and the ordinance be amended to not address those at this time and staff can
then be given an opportunity to take a look at adjusting the planning fees to address
public benefit.
COX/NICHOLS.... amend Council Bill No. 2704 by deleting agenda pages 80, 81, and
82 from the fee schedule attached . The motion passed unanimously.
On roll all vote for final passage, the bill passed unanimously as amended. Mayor Figley
declared Council Bill No. 2704 duly passed.
4174 COUNCIL BILL N0.2705 -RESOLUTION AUTHORIZING THE TRANSFER
OF OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL
YEAR 2007-08.
Council Bill No. 2705 was introduced by Councilor Cox. The bill was read by title only
since there were no objections from the Council. On roll call vote for final passage, the
bill passed unanimously. Mayor Figley declared Council Bill No. 2705 duly passed.
4213 TOURISM AND ECONOMIC DEVELOPMENT GRANT.
Don Judson, Chamber Executive Director, stated that one of his challenges has been to
make sense out of the tourism funding. As the Woodburn Area Chamber of Commerce,
they have members outside of Woodburn thereby forming a regional tourism makes
sense to the Chamber. He stated that their proposal is for a 3-year plan to use Transient
Occupancy Tax (TOT) funds as seed money to create the regional tourism organization
to be known as WAVA (Woodburn Area Visitor's Association). In reviewing budget
information for Fiscal Year 2008-09, the City estimates TOT revenues of $215,000 and,
in the budget document, it indicates that one-third of that revenue (approximately
$70,000) is available for grant disbursement. He stated that their request is for $44,000
which is an amount similar to what has been received over the last several years. His
intent is to prove to the Council what that they can do with those funds. The Visitor's
Center will have to pay someone to oversee the facility operations and a portion of the
grants funds will be used to pay for this service. There are also costs to be incurred for
brochures, itineraries, and other tourism publications. A report will be provided to the
Council at the end of first year to show what has been done at the Center. They will then
evaluate at the end of year two and three to check on the status of the visitor's center.
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Once they have been able to show the value of WAVA, he believes that they will see
other businesses and organizations outside of Woodburn willing to contribute to WAVA.
He reiterated that the TOT funds would be used as tourism seed money in a separate
organization under the auspice of the Chamber.
Councilor McCallum questioned how many of the other Woodburn area businesses
contributed towards tourism in years past or are prepared to do it now because they think
it is valuable.
Mr. Judson stated that the Chamber has had some organizations pay to have their
brochures at the Visitor's Center but this has been a nominal amount. The Chamber has
not gone out to get operational support and they have just used TOT funds for operations.
Once WAVA gets started, they will be going out to talk to other Chambers and some
businesses on their tourism committee to see if they would like to be a member of
WAVA. He cited an example whereby some companies would like to be a part of the
Visitor Guide but have no reason to join the Chamber. Results will be reported to the
Council annually so that the Council can see a financial report along with the impacts the
Center has had on businesses within the community.
Councilor McCallum questioned who would overlook WAVA.
Mr. Judson stated that the Chamber's Vice President of Tourism, Darcy Ruef from Al's,
will be overlooking WAVA activities until he gets back in October.
Councilor McCallum questioned if this particular procedure follows the established
guidelines for awarding TOT funds.
City Administrator Brown stated that if the Council is interested in deviating from the
procedure followed in the past then the Council needs to make amendments to both the
ordinance and guidelines that were previously adopted. In both documents, the word
"competitive" would be removed or the Council would allow themselves the option of a
competitive or direct allocation to one or more organizations. He felt that a policy
decision should be made before April 1, 2008 since that is the date that the Council will
be moving forward with a competitive proposal process.
Councilor Cox stated that the amount requested by the Chamber is about 60% of the
tourism portion of the TOT.
Administrator Brown stated that TOT is divided into 9th's whereby 3/9th's is dedicated
to tourism and economic development. One-ninth (1/9th) stays with the City with the
other 2/9th's allocated out through the grant. Of the $70,000 mentioned previously, only
about $48,000 are funds that would be awarded as grants. The balance of the funds are
used for various City activities such as the July 4th Fireworks and regional tourism
promotion.
Councilor Bjelland questioned if a budgetary issue is involved if a grant award is made
for subsequent years since funds are budgeted for on a fiscal year budget cycle.
Administrator Brown stated that he was not aware of any problems and each year the
City would need to re-budget funds in order to meet budget law requirements. He did not
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see any problem with funding this proposal because it does seek to diminish the amount
that it is asking for each year. Language in the grants should state that the actual amount
distributed on the basis of what is collected. Except for one year, the collections have
always been at what was projected and, even in the year it did not meet projected, the
City distributed what had been asked for. He suggested that City should still retain the
right to distribute what has been received rather than meeting a specific commitment
amount.
Mayor Figley stated that the larger commitment will reduce funds that might otherwise
be used to promote economic development within the City. Even though she is
supportive of tourism ,she did not want to sacrifice other opportunities if all funds are
dedicated to one source.
Councilor McCallum questioned the cost to operate the Visitor's Center.
Mr. Judson stated that, in this first year, they have budgeted $18,000 to hire a person to
work 20 hours per week to operate the Visitor's Center with the balance towards
brochures and other operational expenses. The staff member will also be coordinating
volunteers to be at the facility during hours of operation. He stated that the Chamber
believes tourism is a part of economic development which is another subject to be
discussing with the Council in the future. He stated that there are ways to make money
on tourism with the type of attractions that are within our local area.
Deb Yager, Chamber President, stated that they believe WAVA will begin to bridge the
disconnect that they feel is between Council and business with the Council being blamed
for not being business friendly and the Chamber being blamed for not being concerned
for livability in Woodburn. One of the things they look forward to in WAVA is a true
partnership between the Chamber and the City and to see viable results that will benefit
the livability of Woodburn by bringing in dollars, supporting daily itineraries, trips that
are either overnight in nature that will take visitors to not only take them to the outlying
areas of Woodburn but would also keep dollars spent within Woodburn.
Councilor Nichols questioned if a Board member oversees tourism and economic
development.
Ms. Yager stated that tourism falls under the responsibilities of Darcy Ruef as Vice
President. There will be an actual board formed with WAVA that will be a sub-
committee of the Chamber but WAVA will have separate financial accounting. They
will also be looking for WAVA memberhip and support outside of Woodburn but the
grant funds will provide the seed money to get this program started. She reiterated that
they will be looking for regional exposure plus some cooperative itineraries to
encompass a theme. Events and locations advertised include the Tulip Festival, OGA
golf course, drag strips, and nurseries.
Councilor McCallum expressed concern with the potential lack of travelers due to current
economic times. He also expressed concern about having a competitive process in the
past and felt that organizations should continue to have an opportunity to apply for grant
funds.
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Mayor Figley stated that staff did receive some information on who has received grant
funds in the past and feels that it is realistic that other organizations might apply if funds
were available.
Mr. Judson stated that this was one reason why they had shown in their proposal a
decreasing amount of TOT funds. This puts the pressure on the Chamber in that they
will have to go out and raise money if WAVA is to meet their budget. They also
recognize that it is hard to commit for three years but it is also hard to plan for tourism if
you do not know if you have any money at all in the following year. Their goal is to
have an idea as to what they will have for a budget knowing that they will have to raise
half of the revenue at some point.
Councilor McCallum stated that they may still need to be in a competitive process for
future years if the results do not warrant future dollars.
Mr. Judson realized that results are not always what one would envision but they are
looking for a partnership to try and make this project work. He briefly cited the
statistics on the number of visitors to our community and their goal is to try and figure
out how these visitors can stay in our community and provide some tourism dollars to the
local businesses. In regards to the WAVA budget, there will be a large first year expense
in developing and printing brochures with future years be a lesser expense since only
dates or minor changes will be made to the brochures.
Councilor Cox stated that he would be willing to commit $44,000 this year without the
competitive process because he believes that the Chamber has performed a valuable
service in the past and, despite some of the problems they have had, they have been very
responsible about facing those problems and moving forward. He was not prepared to
make a legal commitment to continue for years 2 or 3 but is willing to make a morale
commitment in that if results are as good as predicted, then the Chamber could plan on
his support.
Councilor Nichols felt that some type of assurance should be given for the second year.
He stated that the Chamber is more active in their businesses to try and get them moving,
they support each other, and have support from businesses from outside of the area. He
expressed his feeling that the Council should guarantee them something for the second
year and was confident that they would show the Council that the Center is worth
funding with TOT funds.
Councilor McCallum stated that if things work out then the money will be there for the
Chamber. He also stated that he would like to see other organizations be at least in a
competitive situation for some tourism funding. He expressed his desire for the City and
Chamber to work together on this issue and to look at economic development.
Mr. Judson stated that the Chamber is re-forming their economic development
committee but he would like to get the Visitor's Center project started first since they feel
that tourism is important to our community. He stated that he would like a commitment
towards tourism but he also realized that if they are not doing a good job then funds may
not be allocated in future years.
Page 19 -Council Meeting Minutes, March 10, 2008
22
COUNCIL MEETING MINUTES
MARCH 10, 2008
TAPE
RFAnTNCT
Councilor Bjelland stated that he is very supportive of the effort and, given the fact that
the City Administrator will soon be leaving and an interim Administrator will be
appointed, he is supportive of anon-competitive grant for this year. He also feels an
obligation to continue support in the future provided that it continues to be successful.
TOT dollars are coming from tourists and the Council needs to see that a significant
portion of those dollars go back to continue increasing tourism within the area.
Councilor Lonergan stated that the City has given the Chamber $40,000 each year over
the last 6 years and he strongly encouraged the Council to continue funding their tourism
program. He would also like to strength relationship between the City and Chamber and
go for the three year commitment.
Councilor McCallum stated that the City has given the Chamber almost $250,000 over
last 6 years but he would like to see what one year will provide before further dollars are
committed.
5715 COX/MCCALLUM... approve a grant from the TOT funds of $44,000 for fiscal year
2008-09 subject to availability of funds collected and instruct staff to take a look at the
City ordinance and regulations on anon-competitive basis and any amendments that are
required to accomplish that legally be brought back to the Council in due course and he
suggested that it would be helpful if the division between economic development and
tourism be more flexible from year to year. The motion passed unanimously.
City Administrator stated that the way the money has actually been distributed is through
a fee for services contract which has been on the basis of reimbursement of costs. Part of
this proposal has to do with giving the money up-front rather than reimbursement so that
they have some money to work with since this is a new organization. He assumed that
the Council would still want a contract with the Chamber and some amendments would
be made to the guidelines and contract in eliminating the reimbursement clause.
5859
CITY ADMINISTRATOR'S REPORT.
A) Administrator Brown reported that five recruitment firms had returned proposals and
it appears that there are 3 fully responsive proposals with some provisions regarding
interim administrator services as part of the proposals. He did not see a clear winner and
will most likely require some additional discussion with them through an interview
process.
Mayor Figley stated that she would like some assistance from one or two Councilors to
go through the proposals with the City Administrator, Assistant City Administrator, and
herself over the next couple of weeks. Councilors Lonergan and Bjelland stated that
they would be willing to review the proposals.
B) Administrator Brown expressed his thanks to the community for their support over the
years.
Page 20 -Council Meeting Minutes, March 10, 2008
23
COUNCIL MEETING MINUTES
MARCH 10, 2008
TAPE
READING
6059 MAYOR AND COUNCIL REPORTS.
Councilor Nichols expressed his pleasure in working with Administrator Brown and
stated that he will be missed within the City's organization. He also thanked the Council
for supporting the Chamber on the tourism project but he firmly believes that the
Chamber now has a handle on this project and the City will see a lot growth from them.
Councilor Lonergan also wished Administrator Brown the best for the future. He
mentioned that the two trees on Second Street which recently came up before the council
had been removed and both trees had diseased stumps. A maple tree that was over 100
years old was just recently removed on Third Street but this tree was located just outside
of the right-of-way. He thanked Police Officer Williams who looked up the code and
found that the property owners had the right to take the tree down since it was inside the
property line. He stated that it was also found that the tree was rotten. He would rather
see these old trees still standing since they are a part of Woodburn's history and the
downtown. He also knows that there is an effort to try and preserve these historical trees
but did not feel that there is an answer to this issue.
Councilor McCallum stated that following a process is necessary but also reminded the
public that residents have a stewardship which needs to be kept in mind. He thanked
Public Works Director Brown for his Friday Facts which provides one more way of
keeping the Council informed. He also stated that he will miss Administrator Brown but
is also glad that the City has great management staff and is a little less worried until such
time as a new Administrator is hired.
Councilor Bjelland stated that Administrator Brown's shoes will be hard to fill and he
hoped that the City will be able to attract someone that will be able to do anything close
as to what he has done for the City. He expressed his appreciation to Administrator
Brown for everything he has done over the past 10 years.
Councilor Cox stated that he will be out of town on John Brown Day but he has made
arrangements to have lunch with Administrator Brown in lieu of attending the reception.
He stated that he shared everybody else's feelings about what a valuable man and good
friend he has been.
Mayor Figley concurred with comments made and stated that he will be truly missed.
She wished him the very best and stated that Woodburn is a better community for having
him as City Administrator.
6399 ADJOURNMENT.
MCCALLUM/LONERGAN... meeting be adjourned. The motion passed unanimously.
The meeting adj ourned at 9: 50 pm.
APPROVED
Page 21-Council Meeting Minutes, March 10, 2008
24
COUNCIL MEETING MINUTES
MARCH 10, 2008
TAPE
RFAnTNCT
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 22 -Council Meeting Minutes, March 10, 2008
25
8B
WOODBURN PLANNING COMMISSION MEETING MINUTES
March 13, 2008
CONVENED The Planning Commission met in a regular session at 7:00 p.m. in City Hall
Council Chambers with Vice-Chairperson Bandelow presiding.
Salute to the flag.
Vice-Chairperson Bandelow announced: agenda is available at the back of the room. There are
no hearings on the agenda for tonight. All persons wishing to speak are requested to come to
the podium and give their name and address. Any individuals speaking from otherthan the
podium will not be recognized.
ROLL CALL
Chairperson Lima A
Vice Chairperson Bandelow P
Commissioner GrosJacques P
Commissioner Vancil P
Commissioner Grigorieff P
Commissioner Hutchison P
Commissioner Jennings A
Staff Present: Jim Allen-Community Development Director
Marta Carrillo -Administrative Assistant
MINUTES
A. Woodburn Planning Commission Meeting Minutes of February 28, 2008.
Commissioner GrosJacques moved to accept the minutes. Commissioner Vancil
seconded the motion, which unanimously carried.
BUSINESS FROM THE AUDIENCE
None.
COMMUNICATIONS
A. Woodburn City Council Meeting Minutes of January 28, 2008
B. Woodburn City Council Meeting Minutes of February 11, 2008
PUBLIC HEARING
None.
ITEMS FOR ACTION
A. Final Order -Design Review 2007-12, Variance 2007-07, Exception 2007-08
Community Development Director Allen asked the Planning Commission for clarification
on the decision to include the grassy area between the two buildings as fulfilling the
Planning Commission Meefing March 13, 2008
Page 1 of 3
26
open space requirements forthe development. The standard is a minimum of a 720
square foot open space area. This item was discretionary of the Planning Commission.
Vice-Chairperson Bandelow stated that the intent was to include the area as a part of the
open space requirement.
Commissioner Vancil stated that the discussion was to make the area more open rather
than have improvements. Requiring improving the areawould require a variance.
Community Development Director Allen stated that staff has prepared the report to
include a condition that requires the applicant to provide at least 720 square feet of
outdoor recreation area or 240 square feet of indoor recreation area and the applicant is
proposing no indoor recreation area. The alternative is the proposal, which indicates the
open space area with the barbecue and picnic area between the two buildings, is
sufficient to meet the open space requirement. The clarification on discretion from the
Planning Commission is to include the proposed area as a part of the open space
requirement orto not include the area and require improvement.
Commissioner Vancil stated that the intent was to accept the proposed plan submitted
by the applicant and not have improvements to the open space area.
Community Development Director Allen stated that the final order would not require the
applicant to have a separate 720 square foot developed open space area.
Commissioner GrosJacques moved to accept the Final Order. Commissioner Grigorieff
seconded the motion, which unanimously carried.
B. Final Order- Design Review 2007-13
Community Development Director Allen stated the final prepared includes issues
changed with staff recommendation were the pole sign on the adjacent parcel was part
of the complex, but not attached to the development. The changes to the findings
regarding the windows fronting Mt. Hood Avenue being sufficient as proposed, which is
27 percent and the guideline is 30 percent.
Commissioner Vancil moved to accept the Final Order. Commissioner GrosJacques
seconded the motion, which unanimously carried.
DISCUSSION ITEMS
none
REPORTS
A. Planning Tracking Sheet. No comments made.
B. Building Activity Report for December 2007, January 2008 & February 2008
C. Planning Activity Report -December 8, 2007-March 7, 2008
None.
Planning Commission Meefing March 13, 2008 Page 2 of 3
27
BUSINESS FROM THE COMMISSION
Commissioner Vancil commented on the multi-family complex (Cascade View
Apartments) behind the Walmart Store. He requested that the Planning Commission be
advised of projects that are occurring in the City. These items should have been a part of
the list to be discussed. He stated that these types of projects could be a Legislative
Amendment change so that it will be heard at the Planning Commission level, whenever
there is a complex to be built after a certain amount of dwellings.
Community Development Director Allen stated that the discretionary items that are the
decision of the Planning Commission is a should or shall guideline in the WDO and can
be adjusted by the Planning Commission. When the applicant does not comply with the
guidelines, then the applicant needs to explain to the Planning Commission as to the
reasons not to comply with the guidelines. The Planning Commission decides on
whether the applicant has sufficient reason not to comply with the WDO. Ina (RM} zone
for amulti-family residential dwelling there are two options, which is to comply with every
standard and guideline and is processed through the Building Division for building
permits and the second option is to have a hearing at the Planning Commission meeting,
In the Cascade View Apartments review, the applicant chose to comply with every
standard and guideline, therefore the Planning Commission did not see this project as a
review by the Planning Commission.
Commissioner Hutchison stated that large projects can have impacts on schools, traffic,
and the community and Planning Commission should be advised.
ADJOURNMENT
Commissioner GrosJacques moved to adjourn the meeting, Commissioner Vancil
seconded the motion, which unanimously carried. Meeting adjourned at 7:18 pm.
APPROVED
CLAUDIO LIMA, CHAIRPERSON Date
ATTEST
Jim Allen Date
Community Development Director
City of Woodburn, Oregon
Planning Commission Meefing March 13, 2008
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8E
COMMUNITY SERVICES DEPARTMENT STATISTICS
FEBRUARY 2008
Recreation Services Division
Feb-07
Revenue: 1,703.00
Expenditures: 29,494.28
Program Attendance:
Youth Sports : 2,854
Adult Sports**: 622
Youth Programs*:
Adult Programs**:
Teen Programs *: 1,200
After School Club : 2,854
Special Events: 0
TOTAL: 7,530
Aquatics Division
Feb-07
Revenue: 10,955.83
Expenditures: 42, 511.11
Cost Recovery: 26%
Total Facility Attendance: 2,348
Lesson Enrollment:
Group: 63
Adults: 0
Private: 0
4th Grade: 71
LESSON TOTAL: 134
Library Division
Feb-07
Revenue: $3,870.38
Expenditures: $75,657.85
Library Attendance: 15,496
Library Circulation: 9,689
Adult Program Count: 0
Adult Attendance: 0
Youth Service Program Count: 33
Youth Service Attendance: 472
Database Usage: 948
Adult Computer Usage: 4,152
Youth Services Computer Usage: 836
New Adds: 596
Volunteer Hours Worked: 104
Feb-08 2007 YTD 2008 YTD
12, 971.50 67,168 91, 062
27,158.21 261,673 230, 530
226 5, 926 928
160 3,195 2,221
0 3,233 1,610
5 804 28
302 1, 200 3, 039
2,651 11,729 13,243
0 4,495 9,500
3,344 30,582 30,569
Feb-08 2007 YTD 2008 YTD
15, 863.18 100, 964.78 111, 767.53
44, 980.98 353,477.10 364, 984.70
35% 29% 31
5,532 31,940 35,648
93 704 889
7 3 33
6 5 37
0 404 356
106 1,116 1,315
Feb-08 2007 YTD 2008 YTD
$2,114.88 $60, 544.75 $49, 038.67
$72, 740.27 $626, 518.22 $628,484.56
18,144 137, 054 124, 322
10, 561 81, 789 90, 786
3 11 14
95 6,244 3,840
27 237 207
436 4,235 3,970
1,483 4, 817 6,130
4,424 35,199 34,384
836 7, 018 6, 747
317 3, 311 3, 893
70 1,143 724
*This is the combined number for Youth Programs and Teen Programs in 2007
**This is the combined number forAdult Programs and Adult Sports in 2007
FEBRUARY 2008
37
~IOODBURN
,,~,~ .,._ s~~
TO: City Council
A~,.~ I~
March 24, 2008
FROM: Kathy Figley, Mayor
SUBJECT: Master Fee Schedule
I did not sign Council Bill No. 2704 (the ordinance last meeting adopting the
Master Fee Schedule) because it contains inconsistent language I believe the
City Council did not intend to include in the ordinance. As you recall, when the
ordinance was introduced, the proposed increase in planning fees was
discussed and the ordinance adopting new fees was amended to exclude the
new planning fees. However, Section 1 of the ordinance provides as follows:
Section 1. Repeal. The 2004-OS Master Fee Schedule adopted on
August 9, 2004 as Ordinance 2368 is hereby repealed. All fees and
charges which are inconsistent with this Ordinance are hereby
repealed.
I have been advised by staff that, when read literally, the passage of the
ordinance containing this language could repeal all existing planning fees,
which was clearly not what was intended.
Therefore, I have not signed the ordinance and, pursuant to Section 20 of the
Woodburn Charter, submit it for reconsideration by the Council. I have been
further advised that an amendment to Section 1 will correct the inconsistency.
The amended language is as follows:
Section 1. Repeal. All fees and charges contained in the 2004-OS
Master Fee Schedule (adopted on August 9, 2004 as Ordinance
2368) which are inconsistent with this Ordinance are hereby
repealed.
Once the ordinance is amended, I will sign it when it is submitted to me by the
City Recorder.
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.
39
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.
40
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March 24, 2008
TO. Honorable Mayor and City Council
,p~ ~~~
FROM; N, Robert Shields, Cit Attorney y "
Y
SUBJECT; Animal Control Ordinance
RECOMMENDATION:
Adopt the ordinance.
BACKGROUND:
The attached December 3, 2007 staff report addresses the ordinance revision
process and discusses the main provisions that were included in the new animal
control ordinance. The City Council held a special workshop meeting on
February 19, 2008 to consider the new ordinance and hear public input, Public
testimony at this meeting was positive and supported the new ordinance. Also, I
have provided the new ordinance to the municipal judge, who is supportive of
the final document,
DISCUSSION:
In response to some specific concerns raised at the workshop, the following
modifications were made in the final draff of the ordinance:
• Additional whereas clauses were added to reflect the public process. The
final version is the sixth draff of this ordinance.
• A definition of "fowl" was added.
• The definition of "livestock" was clarified by restating it in the form of a list,
• Constrictor snakes over five feet in length are prohibited.
• Language was added requiring that if a person keeps three or fewer
chickens or ducks that the birds be kept enclosed in coops or pens in a
clean and sanitary condition,
• Language was added making it a violation of the ordinance for a keeper
of an animal not to immediately remove excrement deposited by the
animal on public property or the property of another,
Agenda Item Review; City Administrato City Attorney Financ~
Honorable Mayor and City Council
March 24, 2008
Page 2
• Minor changes were made in the dangerous dog provisions, after these
sections were discussed with the municipal judge.
• A section was added to the ordinance stating that, as an additional
remedy, an action could be initiated against a nuisance animal under
the nuisance ordinance.
FINANCIAL IMPACT:
None.
Attachment: December 3, 2007 Staff Report
57
5 ~~7
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December 3, 2007
T0: Honorable Mayor and City Council
FROM: N. Robert Shields, City Attorney
Scott Russell, Chief of Police
SUBJECT: Draft Animal Control Ordinance
RECOMMENDATION:
Review the report and draft ordinance for future discussion.
BACKGROUND:
Woodburn's existing animal control ordinance is based upon a template
originally drafted by the League of Oregon Cities ~LOC~, which was adopted in
numerous Oregon jurisdictions. The City Council has amended the ordinance
over the years but has never completely rewritten it. Since originally drafting the
ordinance template, LOC has made no efforts to revise it. Therefore, rather than
continue to make ad hoc amendments, it is preferable for the City to adopt a
completely new ordinance addressing the different aspects of animal control.
In drafting the new ordinance, numerous ordinances in many municipalities
were reviewed and considered. A large number of Oregon cities use county
animal control programs and many cities were found to have outdated
ordinances. The new ordinance is not based upon a template, but was drafted
specifically for Woodburn.
While there are a number of policy determinations that remain for Council
discussion, staff has spent a significant amount of time on the operational and
legal aspects. In this regard, we believe that the new ordinance is based upon
the current best practices in animal control and that it will be a better tool for
the City to use in public education and enforcement.
Agenda Item Review: City Administrator City Attorney Finance
58
Honorable Mayor and City Council
December 3, 2007
Page 2
oiscussioN~
What follows is a summary of the specific sections of the new ordinance and
accompanying rationale for how the language was drafted. Where there is a
legal or operational consideration, this is explained. Where there is a major
policy determination, this is pointed out. Finally, relevant comparisons are made
to changes from the language of the existing ordinance.
Whereas Clauses-Authority of the City
"Whereas clauses" explain the Council's actions and are important when an
ordinance is challenged in court. The old ordinance contained no whereas
clauses.
First, the whereas clauses to the new ordinance provide that Woodburn is
establishing an animal control program, as permitted by state law, except in
areas where state law specifically preempts local regulations or where the
ordinance does not address the subject.
Second, the whereas clauses reference the City's ability to completely prohibit
the keeping of wildlife and exotic animals under ORS 609.205 (which the new
ordinance does). Prohibiting wildlife and exotic animals is obviously a policy
choice for the City Council. Even if the City does not address this, the keeping
of these animals is subject to state and federal law requirements. However, the
concerns are as follows: (1) If state and federal permits are complied with, it is
possible that such animals could be kept within the City. An extreme example
of this is Wild Cat Haven, a big cat facility near Sherwood that draws assorted
wild cats from all over the world. (2) Any City permit system for exotic animals
has civil liability implications because the City is approving the keeping of
animals within its boundaries that it knows to be dangerous.
The existing ordinance allows the keeping of exotic animals under a permit
system (although, historically, the City has never received a permit application).
Finally, the whereas clauses reference the Council's recognition of its "authority
and obligation to regulate animals to protect the public health and safety"
balanced against its "obligation to act fairly and provide adequate due
process for keepers of animals." This is important to articulate because, in
extreme cases, the municipal judge has the power under the new ordinance to
order that an animal be euthanized. Dogs are considered personal property in
Oregon (ORS b09.020) and since euthanasia involves the taking of property by
59
Honorable Mayor and City Council
December 3, 2007
Page 3
the government, the due process obligation must be recognized in order for the
ordinance to be upheld.
Relationship to Other Laws
Animal law is complicated in that various types of animals are regulated
simultaneously by federal, state and local statutes. Also, the applicable law is
both civil and criminal. The new ordinance is a civil regulation. When criminal
law provisions exist outside of the ordinance to address certain conduct (i.e.,
cruelty to animals, animal fighting, animal neglect), these provisions were not
duplicated in the new ordinance because these types of violations would be
addressed through the criminal enforcement system.
Keepin_g of Certain Animals Prohibited
State law defines "wildlife" broadly as "fish, shellfish, wild birds, amphibians and
reptiles, feral swine as defined by State Department of Agriculture rule and other
wild mammals." ORS 496.004(19). Similarly, there is a broad state law definition
for "exotic animals." ORS 609.305 defines an "exotic animal" as "any member
of the family Felidae not indigenous to Oregon, except the species Felis catus
(domestic cat); any nonhuman primate; any wolf (Canis lupus); any nonwolf
member of the family Canidae not indigenous to Oregon, except the species
Canis familiaris (domestic dog); and any bear, except the black bear."
Section 2 of the new ordinance is a specific list of types of animals not permitted
in the City. This list was arrived at by reviewing numerous other animal control
ordinances and considering the practical code enforcement aspects. A
conscious choice was made to "spell out" the animal types rather than merely
reference portions of state laws or administrative rules. This approach makes it
clear to the public and to code enforcement personnel what specific types of
animals are prohibited.
Livestock Prohibited
Many different definitions exist for the term "livestock." The definition contained
in the new ordinance is from ORS 609.125 except that psittacines (i.e., parrots,
macaws, parakeets) are not included. Exclusion of livestock in the City has
been expressed as a policy choice that the Council wants to make. From a
code enforcement perspective, we do not believe that making this policy
choice will create many enforcement issues regarding the current keeping of
livestock in the City.
60
Honorable Mayor and City Council
December 3, 2007
Page 4
Limited Numberof Chickens and Ducks
Despite the general prohibition on the keeping of livestock, Section 4 of the new
ordinance permits keeping a total of three or fewer chickens or ducks. This
ordinance provision is similar to the City of Portland's and was drafted in
response to a specific issue that previously came before the Council. However,
in the discussion with code enforcement, one issue that came up was the
keeping of roosters. Because of this concern, we modified Portland's language
to include a specific prohibition of roosters.
General Duties of Animal Keepers
Section 5 of the new ordinance addresses the duties of animal keepers (keeper
is broadly defined and includes all owners) and succinctly states their basic
responsibilities (i.e., not permitting an animal to run at large, not allowing
unreasonable noise, not allowing an animal to destroy property, and removing
excrement deposited in public areas.) Even though a dog barking repeatedly
could also violate the Noise Ordinance, from a code enforcement perspective it
is useful to include a similar noise provision in the Animal Control Ordinance.
Placing of Poisonous Food/Leaving Animal in Car
Sections 6 (Placing of Poisonous Food Prohibited) and 7 (Confining Animals in
Motor Vehicles Prohibited) are important provisions from an enforcement point
of view. Leaving an animal by itself in an automobile is not uncommon.
Confining an animal in this manner during hot weather can create a serious
situation resulting in injury ordeath of the animal.
Dog Licensing
Under state law, residents of cities with dog control programs must obtain dog
licenses from the county. This is the present practice and will not change.
Levels of Dangerous Dogs-Analysis
Sections 9 through 17 of the new ordinance are innovative in Oregon and
represent a major change in Woodburn's animal control program. The new
ordinance specifies a process where the municipal judge has the authority to
classify problem dogs based on their behavior. The keepers of the dogs can be
61
Honorable Mayor and City Council
December 3, 2007
Page 5
assessed fines and ordered to take certain actions to contain their dogs so as to
prevent future dangerous behavior.
Understanding how the new ordinance provisions are innovative requires a
basic explanation. Cities and counties have two main types of dog ordinances.
The first type is a "one bite ordinance." Under a "one bite ordinance," in order
to convict someone of "keeping a vicious dog" it is necessary to prove that the
person kept the dog with some knowledge that the dog was dangerous. The
second type of ordinance is a "classification ordinance." Under a "classification
ordinance," dogs are classified, typically based upon breed or for engaging in
certain behaviors. Classification ordinances that ban certain breeds (i.e., pit
bulls) have been legally challenged with varying results. Classification
ordinances based on specified dangerous dog behavior are legally more
defensible than classification ordinances based upon breed. Under these
ordinances, dogs engaged in certain specified dangerous behaviors are
classified by a court and the keeper of the dog has the right to contest the
classification. Based upon the level of classification decided upon by the court,
the owners must then take certain actions in order to prevent future dangerous
behavior bythe dog.
Woodburn's existing ordinance is a "one bite ordinance," as are the vast
majority of the ordinances in Oregon. The disadvantage to this type of
ordinance is that unless there are prior documented incidents where the dog is
shown to be dangerous (i.e., "one bite"), it may be impossible for the City to
prove the offense of "keeping a vicious dog." By way of contrast, the new
ordinance is a "classification ordinance" based upon dog behavior. It is based
partially upon an ordinance that was developed by Multnomah County. A
similar ordinance exists in Eugene and in a handful of other Oregon jurisdictions.
This new ordinance classification procedure is innovative because it departs
from the traditional "one bite" standard ordinance and takes proactive steps to
prevent future dangerous behavior by dogs. However, innovative ordinances
are always subject to more legal challenges. Changing in the existing
ordinance in this manner is ultimately a policy matterforthe Council.
Levels of Dangerous Dogs -Procedure
If the Council agrees with the behavior classification as a policy matter, the
procedure under the new ordinance is as follows: (1) After a dog engages in
dangerous behavior (see Section 9) under the ordinance, the keeper is cited
into municipal court for keeping a specified level of dangerous dog; (2) If a "not
62
Honorable Mayor and City Council
December 3, 2007
Page 6
guilty" plea is entered, the municipal court sets the matter for a hearing on
whether the person kept a dog that engaged in the alleged behavior; (3) The
keeper has the right to appear at the classification hearing and present any
applicable defenses (see Section 10) to the municipal court; (4) After the
evidence is taken at the hearing, the municipal judge makes a classification
ruling and issues an order. (5) In addition to the payment of civil infraction
penalties (see Sections 11 through 14), the municipal court orders the keeper to
take certain measures to deal with the level of dangerous dog (see Section 16);
(6) If the municipal court classifies a dog's behavior as Level 4 (i.e., the dog
caused serious physical injury or death to a person or, while at large, killed
another dog or cat), a disposition hearing must be held to determine what to do
with the dangerous dog.
Level 4 Dangerous Do_g Disposition Hearing
After the municipal judge classifies a dog's behavior as Level 4, the court must
then make a decision as to what do with the dog. Under the new ordinance,
the court can order a dog that has committed Level 4 behavior to: (1) be
euthanized; or (2) be sent to a secure animal facility at the keeper's expense; or
(3) be removed from the City as specified in the ordinance (see Section 17). The
reason for these different options is that appellate courts have consistently ruled
that due process must be afforded and some discretion must be exercised
before a city takes a dog from an owner. There are no Oregon cases that
specifically address this, but there is no reason to conclude that Oregon law is
any different since due process is required before the government takes
property and dogs are considered personal property (ORS 609.020).
The disposition procedure for Level 4 dangerous dogs under the new ordinance
is drafted to be consistent with the legal guidelines set out by the Washington
Supreme Court in Ration v. City of Seattle. In that case, the court ruled that
under Seattle's ordinance the process provide to a dog owner was insufficient
because therewas a trial on the question of whetherthe dog was vicious but no
opportunity for the owner to address why the dog should not be destroyed.
The new ordinance is consistent with the Ration case because it provides the
keeper of a Level 4 dangerous dog the opportunity to be heard at a disposition
hearing (see Section 17). By way of comparison, under the existing ordinance,
the municipal court has the power to order a vicious dog abated (i.e.,
destroyed) as a nuisance and the City Attorney's office files motions requesting
the court to impound and destroy vicious dogs. However, an important
difference is that, under the existing ordinance, once the municipal court orders
63
Honorable Mayor and City Council
December 3, 2007
Page 7
destruction the dog, the owner has five days to retrieve the animal from
impoundment, pay all impoundment costs, and remove the dog from the City.
Under the new ordinance, the disposition of the Level 4 dangerous dog is
decided by the municipal court and, even if the dog is ordered removed from
the City, certain specific conditions must be complied with. (see Section 17 E)
Legal Review of Municipal Court Decision
The Woodburn Municipal Court is not a court of record and its decisions on
some state law cases are reviewable de novo (i.e., a new trial) by the Marion
County Circuit Court. However, this is not true in Writ of Review cases. A Writ of
Review is the legal mechanism where a Circuit Court has a limited review of a
governmental quasi-judicial decision in a non-land use case. The new
ordinance specifies that review of the municipal court's decisions under the
ordinance are exclusively by Writ of Review (see Section 21). The Marion County
Circuit Court would have jurisdiction to review the law applied by the municipal
court and its record and findings.
Impoundment
Section 18 of the new ordinance provides broad impoundment authority. This is
an important operational part of the ordinance. It was reviewed and revised by
the police department, was coordinated with the existing Marion County
procedures, and is adequate to support ordinance enforcement.
Penalties and Legal Actions
Monetary penalties under the new ordinance are set out in Sections 11 through
14 and in Section 19. Under Ordinance 1998, the Civil Infraction Ordinance, a list
of the monetary maximums for penalties is as follows:
(1) $750.00 fora class 1 civil infraction.
(2) $500.00 for a class 2 civil infraction.
(3) $250.00 for a class 3 civil infraction.
(4) $125.00 for a class 4 civil infraction.
(5) $100.00 for a class 5 civil infraction.
In addition to the monetary penalties, the new ordinance provides that it can
also be enforced by filing an action in any court of competent jurisdiction as an
additional remedy (see Section 20).
64
Honorable Mayor and City Council
December 3, 2007
Page 8
FINANCIAL IMPACT:
There is no financial impact.
65
COUNCIL BILL N0.
ORDINANCE N0.
AN ORDINANCE CONCERNING THE CARE AND CONTROL OF ANIMALS;
ESTABLISHING REGULATIONS AND PENALTIES; AND REPEALING ORDINANCE 1638.
WHEREAS, the City of Woodburn is a home rule citywith the legal power to
regulate animals within its corporate boundary; and
WHEREAS, more specifically, ORS Chapter 609 authorizes cities to have an
animal control program, to prohibit the keeping of wildlife and exotic animals
(ORS 609.205) and to impose reasonable restrictions on the keeping of dogs;
and
WHEREAS, it is the purpose of this Ordinance to regulate animal behavior
so to prevent animals from becoming a nuisance, endangering any person,
animal or property, or creating a health hazard; and
WHEREAS, the City has the authority and obligation to regulate animals to
protect the public health and safety; and
WHEREAS, the City also recognizes its obligation to act fairly and provide
adequate due process for keepers of animals underthis Ordinance; and
WHEREAS, the City Council noticed and conducted a special meeting on
the Ordinance on February 19, 2008; and
WHEREAS, input from the Council and the general public was received
and the Ordinance was revised as necessary; and
WHEREAS, this Ordinance is intended to establish a city animal control
program and supersedes ORS Chapter 609, except as specifically provided by
state law, or where this Ordinance does not provide for a parallel rule, definition,
or procedure; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Definitions. For purposes of this Ordinance, these terms are
defined as follows:
A. ANIMAL. Any nonhuman vertebrate.
Page 1 - COUNCIL BILL N0.
ORDINANCE N0.
66
B. ANIMAL CONTROL OFFICER. A person designated by the Woodburn
Chief of Police to enforce this Ordinance.
C. AT LARGE. Any animal, excluding domestic cats, that is off the
premises of its keeper and is not on a leash held by a person capable of
controlling the animal.
D. DOG. Any mammal of the canidae family excluding, for purposes
of this Ordinance, any dog used by a law enforcement agency in the
performance of work.
E. EUTHANIZE. To put an animal to death in a humane manner by a
licensed veterinarian or a certified euthanasia technician.
F. FOWL. Any chicken, duck, goose, guinea fowl, peafowl, peacock,
turkey, dove, pigeon, game bird, orsimilar bird.
G. KEEP. To have physical custody or otherwise exercise dominion and
control over.
H. KEEPER. A person or legal entity who owns, or has a possessory
property right in an animal or who harbors, cares for, exercises control over, or
knowingly permits any animal to remain on premises occupied by that person.
I. LIVESTOCK. Animals, including but not limited to the following: (1)
fowl; (2) horses; (3) mules; (4) burros; (5) asses; (5) cattle; (b) sheep; (7) goats; (8)
llamas; (9)emu; (10) ostriches; (11) swine; or (12) any furbearing animal bred and
maintained for commercial purposes and kept in pens, cages, or hutches.
J. MUNICIPAL JUDGE. The judge of the Woodburn Municipal Court.
K. PEACE OFFICER. Has the meaning provided in ORS 1 bl .Ol 5 (4).
L. PERMIT. To allow, make possible, afford opportunity, acquiesce by
failure, refusal or neglect to abate.
M. PERSON. Any natural person, association, partnership, firm or
corporation.
N. PHYSICAL DEVICE OR STRUCTURE. A tether, trolley system, other
physical control device or any structure made of material sufficiently strong to
adequately and humanely confine the animal in a manner that would prevent
it from escaping.
Page 2 - COUNCIL BILL N0.
ORDINANCE N0.
67
0. PHYSICAL INJURY. Physical impairment as evidenced by scrapes,
cuts, punctures, bruises or physical pain.
P. SECURE ANIMAL SHELTER. An animal shelter that agrees to accept
an animal and that agrees to the following conditions:
1. Not to release the animal from the shelter for the rest of the
animal's natural life;
2. Not to allow the animal to come into contact with the
general public forthe rest of the animal's natural life;
3. To indemnify, defend, and hold the City harmless from any
and all future claims of any kind or nature whatsoever relative to past or future
care and custody of the dog and to the dog's future behavior;
4. To notify the City if the shelter goes out of business or can no
longer keep the animal and to abide by the City's disposition instructions.
Q. SECURE ENCLOSURE. Shall be any of the following:
1. A fully fenced pen, kennel or structure that shall remain
locked with a padlock or combination lock. Such pen, kennel or structure must
have secure sides, minimum of five feet high, and a secure top attached to the
sides, and a secure bottom or floor attached to the sides of the structure or the
sides must be embedded in the ground no less than one foot to prevent digging
under it. The structure must be in compliance with the City's building code and
ordinances; or
2. A house or garage. When dogs are kept inside a house or
garage as a secure enclosure, the house or garage shall have latched doors
kept in good repair to prevent the accidental escape of the dog. A house,
garage, patio, porch or any part of the house or condition of the structure is not
a secure enclosure if the structure would allow the dog to exit the structure of its
own volition
R. SERIOUS PHYSICAL INJURY. Any physical injury which creates a
substantial risk of death or which causes disfigurement, or protracted loss or
impairment of health orof the function of any body part or organ.
Section 2. Keeping of Certain Animals Prohibited.
A. No person shall keep any of the following animals of either
thoroughbred or hybrid stock or pedigree:
Page 3 - COUNCIL BILL N0.
ORDINANCE N0.
68
1. All poisonous animals, including rear-fang snakes;
2. Apes such as chimpanzee (Pan), gibbons (Hylobates), gorillas
(Gorilla), orangutans (Pongo), and siamangs (Symphalangus);
3. Baboons (Papio, Mandrillus);
4. Bears (Ursidae);
5. Bison (Bison);
b. Cheetahs (Acinonyx jubatus);
7. Constrictor snakes exceeding five feet in length;
8. Crocodilians (Crocodilia);
9. Coyotes (Canis latrans);
10. Deer (Cervidae), such as white-tailed deer, elk, antelope,
and moose;
11. Elephants (Elephas and Loxodonta);
12. Game cocks and other fighting birds;
13. Hippopotami (Hippopotamidae);
14. Hyenas (Hyaenidae);
15. Jaguars (Panthera onca);
16. Leopards (Panthera pardus);
17. Lions (Panthera leo);
18. Lynxes (Lynx);
19. Monkeys, old world (Cercopithecidae), new world;
20. Ostriches (Struthio);
21. Piranha fish (Characidae);
22. Pumas (Fells concolor), such as cougars, mountain lions, and
panthers;
23. Raptors, such as condors, eagles, kites, falcons, osprey, owls,
harriers, hawks, buzzards and vultures (Falconiformes and Stigiformes orders)
24. Rhinoceroses (Rhinocero tidae);
25. Serval Cats (Fells serval or Leptailarus serval)
26. Sharks (Class Chondrichthyes);
27. Snow leopards (Panthera uncia);
28. Tigers (Panthera tigris); or
29. Wolves (Canis lupus and hybrids).
B. The provisions of this section shall not apply to:
1. An educational or medical institution, if the animal is kept for
the primary purpose of instruction, study or research; or
2. A circus, carnival or other similar itinerant show business, if the
animal is kept forthe primary purpose of public entertainment; or
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3. A veterinarian employed by the federal government or
currently licensed by the Oregon State Veterinary Examining Board, if the animal
is kept for the primary purpose of diagnosis or treatment.
Section 3. Keeping of Livestock Generally Prohibited. Except as
permitted by this Ordinance, no person shall keep livestock.
Section 4. Keeping of Limited Number of Chickens or Ducks Permitted.
Notwithstanding Section 3 of this Ordinance, a person shall be allowed to keep
a total of three or fewer chickens or ducks. The chickens or ducks kept under
this section shall be enclosed in coops or pens and kept in a clean and sanitary
condition. This section shall not be construed to as to allow the keeping of
roosters, which are prohibited.
Section 5. Duties of Animal Keepers.
A. It shall be a violation of this Ordinance for a keeper of an animal to:
1. Permit an animal to beat large.
2. Permit an animal to cause unreasonable noise at any time of
the day or night by repeated barking, whining, screeching, howling, braying or
other like sounds which may be heard beyond the boundary of the keeper's
property.
3. Permit an animal to damage or destroy property of persons
otherthan the keeper.
4. Fail to immediately remove any excrement or other solid
waste deposited by an animal on public property or the property of another.
Section b. Placing of Poisonous Food Prohibited. No person shall
knowingly place food of any description containing poisonous or other injurious
ingredients in any area reasonably likely to be accessible to animals, except as
provided by law for nuisance, vector, or predator control.
Section 7. Confining Animals in Motor Vehicles Prohibited.
A. No animal shall be confined within or on a motor vehicle at any
location within the city under such conditions as may endanger the health or
well-being of the animal, including but not limited to dangerous temperature,
lack of food, water or confinement with a dangerous animal.
Page 5 - COUNCIL BILL N0.
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B. An animal control or police officer is authorized to remove an
animal from a motor vehicle when the officer reasonably believes that the
animal is confined in violation of this section. Any animal so removed shall be
delivered to the Marion County Animal Control Shelter afterthe removing officer
leaves written notice of the removal and delivery, including the officer's name,
in a conspicuous, secure location on orwithin the vehicle.
Section 8. Dog Licensing. Any person owning or keeping a dog within
the City shall purchase for such a dog a license as required under the provisions
of ORS 609.100.
Section 9. Levels of Dangerous Dogs.
A. For purposes of this Ordinance, the classification of various levels of
dangerous dogs shall be based upon these specific behaviors exhibited by the
dogs.
1. Level 1 behavior is established if a dog, while at large, is
found to menace, chase, display threatening or aggressive behavior or
otherwise threaten or endangerthe safety of any person.
2. Level 2 behavior is established if a dog, while at large, bites or
causes physical injury to any dog or cat.
3. Level 3 behavior is established if a dog bites or causes
physical injury to any person.
4. Level 4 behavior is established if:
(a) A dog causes the serious physical injury or death of any
person; or
(b) A dog, while at large, kills a dog or cat.
Section 10. Keeping of Dangerous Dog; Penalty; Defenses.
A. Any person who keeps a Level 1 Dangerous Dog commits a Class 4
civil infraction.
B. Any person who keeps a Level 2 Dangerous Dog commits a Class 3
civil infraction.
C. Any person who keeps a Level 3 Dangerous Dog commits a Class 2
civil infraction.
Page 6 - COUNCIL BILL N0.
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D. Any person who keeps a Level 4 Dangerous Dog commits a Class
civil infraction.
E. The following affirmative defenses may be presented:
1. The dog's behavior was the direct result of the victim abusing
or tormenting the dog, or
2. The dogs' behavior was directed against a trespasser on the
keeper's property.
Section 11. Keeping of Dog Pursuant to Court Order Permitted.
Notwithstanding Section 10 of this Ordinance, dogs classified as dangerous dogs
by the Municipal Judge may be lawfully kept pursuant to the terms of a
Municipal Court order.
Section 12. Classification of Dogs by Municipal Judge.
A. In addition to any other penalties imposed under this Ordinance,
the municipal judge shall have the power to classify dangerous dogs based
upon the dogs' behavior. This classification shall be based upon evidence
proving the dogs' behavior by a preponderance of the evidence.
Section 13. Disposition of Dangerous Dog Cases.
A. In addition to any other penalties imposed under this Ordinance,
the keeper of a dog found by the municipal judge to be a dangerous dog shall
be ordered by the court to do the following:
1. If the dog was found to have engaged in Level 1 behavior,
the keeper shall provide a physical device or structure that prevents the dog
from reaching any public right-of-way or adjoining property, and shall restrict
the dog by such a device or structure whenever the dog is outside the keeper's
home and not on a leash off the keeper's property.
2. If the dog was found to have engaged in Level 2 or Level 3
behavior, the keeper shall provide a secure enclosure and confine the dog
within such enclosure whenever the dog is not on a leash, off the keeper's
property or inside the home of the keeper.
Section 14. Disposition of Level 3 or 4 Dangerous Dog Cases.
Page 7 - COUNCIL BILL N0.
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A. If the dog was found by the municipal judge to have engaged in
Level 3 or 4 behavior, the municipal judge shall provide an opportunity to the
keeper and the City regarding the appropriate disposition of the dog.
B. If the dog was found by the Municipal Judge to have engaged in
Level 4 behavior, the Municipal Judge shall order:
1. That the City euthanize the dog; or
2. That the dog be sent at the keeper's expense to a secure
animal shelter; or
3, That the dog be removed from the City as specified in this
Ordinance.
C. If the dog was found by the Municipal Judge to have engaged in
Level 3 behavior, the Municipal Judge may order:
1. That the City euthanize the dog; or
2. That the dog be sent at the keeper's expense to a secure
animal shelter; or
3. That the dog be removed from the City as specified in this
Ordinance; or
4. That there be a different disposition of the case as
determined to be fair and appropriate by the Court.
D. The keeper shall be responsible for all fees and charges related to
the care, keeping, oreuthanizing ofthe dog.
E. The municipal judge will consider ordering that the dog be sent to a
secure animal shelter only at the request of the keeper. The keeper shall bear
the burden of establishing that an animal shelter is available that meets the
criteria fora secure animal shelter, that the shelterwill accept the dog, and that
the keeper is willing and able to pay all expenses for transporting and caring for
the dog.
F. After conclusion of the hearing, the municipal judge shall issue an
order finding that the dog has engaged in Level 3 or 4 behavior and providing
for disposition of the dog. This order shall include findings justifying the Court's
action. A copy of the order, including notice of the right to file a Writ of Review
Page 8 - COUNCIL BILL N0.
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73
in Marion County Circuit Court shall be sent by regular and certified mail, return
receipt requested, or delivered by personal service to the keeper of the dog.
Section 15. Removal of Animals from the City Prior to releasing an
animal forremoval from the City pursuant to this Ordinance the municipal judge
shall require: ~ 1) proof that an appropriate place outside of the incorporated
limits of the City is available to keep the animal; (2) proof that the animal
control authority in the jurisdiction to which the animal is being moved has been
informed of the relocation and has had an opportunity to address the Court; ~3~
agreement by the animal's owner to indemnify, defend, and hold the City
harmless from any and all future claims of any kind or nature whatsoever relative
to past or future care and custody of the animal and to the animal's future
behavior. If these requirements are not met, the Municipal Judge may order the
animal seized and delivered to the Marion County Animal Control Shelter with
instruction to dispose of the animal at the end of five days unless during that
period, the owner sells the animal or meets the requirements under this section.
The ownershall pay the costs of the action.
Section 1 b. Shelter Operations; Impoundment, Release and Disposal.
A. The Marion County Animal Control Shelter is designated as the
facility to receive, care for and confine any animal delivered to its custody
under the provisions of this Ordinance. This impound facility shall be operated
by Marion County Animal Control for the conduct of necessary business
concerning impounded animals. Impounded animals may be temporarily
housed in a kennel designated by the Chief of Police prior to their transport to
the Marion County Animal Shelter.
B. Impoundment is subject to the following holding period and notice
requirements:
1. An animal bearing identification shall be held for five working
days before any action is taken to dispose of the animal. The City shall make
reasonable effort within twenty-four hours of impoundment to notify the keeper,
shall send by registered or certified mail, a written notice of the impoundment to
the last known address of the keeper, advising the keeper of the impoundment,
the date by which redemption must be made and the fees payable prior to
redemption release.
2. An animal that does not bear identification shall be held for
three working days before any disposition maybe made.
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3. Animals held for period prescribed herein, or as otherwise
required by ORS 433.340 to 433.390, and not redeemed by the keeper, shall be
subject to disposal consistent with Marion County Animal Control procedures.
4. In instances where a peace officer impounds animals from a
person taken into custody, the peace officer shall issue a receipt to the person
reciting the redemption requirements under this Ordinance and shall serve this
receipt upon the person.
C. Unless restrained by Court order, the impound facility shall release
any impounded animal to the keeper or the keeper's authorized representative
upon payment of all applicable impoundment, shelter, care, medical costs,
license fees or other applicable fees or deposits.
Section 17. Penalty for Unspecified Violations. The violation of any
section of this Ordinance where the penalty is not specified constitutes a Class 4
civil infraction.
Section 18. Authorized Enforcement Officers. The following City officials
are authorized to enforce this Ordinance:
A. An animal control officer;
B. A peace officer; and
C. The Woodburn City Administrator or designee.
Section 19. Animal Nuisance Enforcement. If there are reasonable
grounds to believe that any animal constitutes a public nuisance, an action
may be instituted by the City Attorney under Ordinance 2338, the Woodburn
Nuisance Ordinance, as an additional remedy.
Section 20. Institution of Legal Proceedings. The City Attorney, acting in
the name of the City, may maintain an action or proceeding in a court of
competent jurisdiction to compel compliance with or restrain by injunction the
violation of any provision of this Ordinance as additional remedy.
Section 21. Exclusive Review in Marion County Circuit Court. All
determinations by the municipal judge under this Ordinance shall be final and
subject only to Writ of Review in the Marion County Circuit Court pursuant to ORS
Chapter 34.
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Section 22. Savings Clause. The repeal of any ordinance by this
Ordinance shall not preclude any action against any person who violated the
ordinance prior to the effective date of this Ordinance.
Section 23. Severability. The sections and subsections of this Ordinance
are severable. The invalidity of any section or subsection shall not affect the
validity of the remaining sections and subsections.
Section 24. Repeal. Ordinance No. 1638 is hereby repealed.
Approved as to form: :'~F
City Attorney Dat
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 1 1 -COUNCIL BILL NO.
ORDINANCE NO.
76
11C
->
~"",~
'~TOODBURN
March 20, 2008
TO: Honorable Mayor and City Council ~ ,
FROM: John C. Brown, City Administrator`~~~,
SUBJECT: Transien# Occupancy Grant
RECOMMENDATION:
It is recommended the City Council adopt the attached ordinance, amending
the Transient Occupancy Tax Ordinance.
BACKGROUND:
At your March 10, 2008 meeting the Chamber of Commerce asked for athree-
year commitment to fund a visitor's center, and for Council to dispense with the
competitive grant process in funding that commitment. Council agreed to fund
the first year of the proposal and to dispense with the competitive grant process
for FY 2008-09. The Transient Occupancy Tax ordinance and the Tourism and
Economic Development Grant Guidelines must be amended to relax the
requirement for a competitive grant process. Council asked staff to bring back
those changes to allow greater flexibility in awarding the ane third of TOT funds
distributed for tourism and economic development.
DISCUSSION:
The attached ordinance eliminates the requirement to distribute TOT funds
through a competitive grant process and allows the Council to distribute those
funds a# its discretion. Amendments also expand the Council's flexibility to
distribute funds designated for tourism and economic development. Your
approval of the attached ordinance is requested. A subsequent item on your
agenda for March 24, 2008 addresses amendment of Tourism and Economic
Development Grant guidelines.
FINANCIAL IMPACT:
There is no financial impact associated with the recommended actions.
Finance, ,'
Acaenda Item Reviews City Adminisfiratr~r~~==~'~ ~°'` City Attorney
~~
COUNCIL BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE 2057 (THE TRANSIENT OCCUPANCY TAX
ORDINANCE) AND SETTING AN EFFECTIVE DATE
WHEREAS, the City enacted Ordinance 2057 (the Transient Occupancy Tax
Ordinance) in 1991; and
WHEREAS, the City is aware that ORS 320.350 places restrictions on local
government transient lodging taxes enacted on or after July 1, 2003; and
WHEREAS, the City wants to make certain minor modifications to its existing
ordinance without enacting a new ordinance or levying a new tax; NOW,
THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Section 23 of Ordinance 2057 is amended to read as follows:
Section 23. Disposition of Tax Funds. All revenue received from the
transient occupancy tax shall be accounted for by a separate revenue
line item contained in the General Fund. Sixty six and two thirds percent
(66 2/3%) of all revenues received from the transient occupancy tax shalt
be used at the Council's discretion. Thirty three and one-third percent (33
1 /3%) of all revenues received from the transient occupancy tax shall be
dedicated to uses that promote and support tourism and economic
development activities. Of the monies set aside for tourism and
economic development the Council may, at its discretion, expend some
or all of those monies on activities conducted by the City or other
agencies that advance the Council's tourism and economic
development goals. Monies distributed to agencies and organizations
other than the City shall be on a fee far service basis, pursuant to a
tourism and economic development grant program. Policies and
procedures governing that program shall be established by City Council
resolution.
Section 2. This ordinance is effective on June 1, 2008.
Approved as to form:
_`~ '~--
Date
City Attorney
Page 1 - COUNCIL Bl~l NO.
ORDINANCE NO.
~s
___.
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Otfice of the Recorder
ATTEST:
Mary Tennant City Recorder
Cify of Woodburn, Oregon
Page 2 - COUNCIL BILL NO.
ORDINANCE NO.
79
r
11D
`J~TOODBUR~
March 20, 2008
TO: Honorable Mayor and City Council
FROM: John C. Brown, City Administrator
SUBJECT: Ordinance Relating to Participation by the City of Woodburn
in the Mid-Willamette Valley Council of Governments.
RECOMMENDATION:
It is recommended the City Council approve the attached ordinance relating to
the participation of by the City of Woodburn in the Mid-Willamette Valley
Council of Governments.
BACKGROUND:
Prior to the late 1990's the City of Woodburn participated as a member of the
Mid-Willamette Valley Council of Government {COG). The Council withdrew
from the organization, based on the belief that the City organization is large
enough, and skilled enough, to provide a level of services equal to that
provided by the COG. The COG has periodically asked the Council to
reconsider its participation during the ensuing years. The City has been able to
obtain some services from the COG, such as redistricting following the decennial
census on a fee-for-services basis; the COG board of directors has since
established policy that its services will only be provided to members. The City
was advised of this policy in 2007, when it sought to join Valley Development
Initiatives, an intergovernmental agency that receives, distributes, and
administers monies for housing rehabilitation. Staff was recently advised this
policy applies to all COG services, not only those associated with Valley
Development Initiatives.
DISCUSSION:
The City's CDBG application to fund sidewalk replacement in the Front Street
Project proposed that the COG would conduct grant and project
administration associated with that portion of the improvement, as well as to
complete environmental compliance reviews and reporting and labor
Agenda Item Review: City Administrator~~~'~ City Attorney 1~~~_~ Finan
so
___
Honorable Mayor and City Council
March 20, 2008
Page 2
standards compliance for wages paid from federal funding. The COG recently
advised that it is ready to provide these services, but requires Woodburn's
membership in the organization in order to do so. CDBG guidelines are
stringent, and time consuming for those who are inexperienced with their
compliance. Although City staff could administer these funds, it is highly unlikely
that they could do so as efficiently, as inexpensively, or as well as COG staff.
The COG was proposed as grant administrator for these reasons.
Membership in the COG will allow the City to access both CDBG grant
administration services, as well as new grant monies to reinstate and expand our
housing rehabilitation programs. For these reasons, your approval of the
attached ordinance is recommended.
FINANCIAL IMPACT:
COG dues for 2008-09 will be $10,302, based on the City's population estimate.
These monies are available in the discretionary funds held in the Community
Development Block Grant Fvnd. This expense will, with your approval, be
included in the 2008-04 budget.
s~
COUNCIL BILL NO.
ORDINANCE NO.
AN ORDINANCE AUTHORIZING PARTICIPATION OF THE CITY IN THE MID-
WILLAMETTE VALLEY COUNCIL. OF GOVERNMENTS AND DIRECTING THE MAYOR
AND CITY RECORDER TO SIGN AN INTERGOVERNMENTAL AGREEMENT.
WHEREAS, the City of Woodburn desires to became a member of the Mid-
Willamette Valley Council of Governments {MWVCOG~; and
WHEREAS, ORS 190.085 requires that prior to the effective date of an
intergovernmental agreement creating an intergovernmental entity, each of
the parties to the agreement shall enact an ordinance ratifying the creation of
the intergovernmental entity; and
WHEREAS, MWVCOG already exists as an intergovernmental entity under ORS
Chapter 190 and in order to participate it is necessary to pass this Ordinance;
NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Pursuant to ORS Chapter 190, the City of Woodburn ratifies
the creation of MWVCOG and elects to become a member government.
Section 2. That the effective date, specification of public purposes for
which the MWVCOG is created, and the powers, duties and functions of the
MWVCOG are stated in the intergovernmental agreement creating MWVCOG
{"the Agreement"}, which is incorporated by reference.
Section 3. That the Mayor and City Recorder are authorized and
directed to sign the Agreement on behalf of the City.
Approved as to form: ~~ ' _ ~ F-`~°---°~ ~~~ ~
City Attorney Dat
Approved:
Kathryn Figley, Mayor
Page 1 - COUNCIL BILL NO.
ORDINANCE NO.
s2
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant City Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO.
ORDINANCE NO.
83
11E
~''""i '~
`]~TOODBUR,~]~
March 19, 2008
TO: Honorable Mayor and City Council
FROM: John C. Brown, City Administrator
SUBJECT: Transient Occupancy Tax Grant Funds
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the resolution amending the Tourism and Economic Development
Grant Guidelines; and
2. Authorize the Interim City Administrator to execute an agreement
awarding FY 2008-09 Tourism and Economic Development Grant funds in
an amount not-to-exceed $44,400 to the Woodburn Area Chamber of
Commerce, when all grant requirements are met.
BACKGROUND:
The Council has distributed 2/9 of the proceeds of the Transient Occupancy Tax
(TOT) to outside agencies since 2002, through a competitive grant process.
Grants were awarded for activities promoting tourism and economic
development. As indicated in the staff report dated March 10, 2008
(attachment 1) most of this funding was awarded to the Chamber of
Commerce. At your March 10, 2008 meeting the Chamber discussed a
proposal to fund the visitor's center, using TOT funds. The Chamber asked for a
three-year funding commitment that totaled $99,000, and for Council to
dispense with the competitive grant process to fund that commitment. Council
agreed to fund the first year of the proposal in an amount not to exceed
$44,000, and to dispense with the competitive grant process for 2008-09.
Changing the requirement for a competitive grant process requires amending
the Transient Occupancy Tax ordinance and the Tourism and Economic
Development Grant Guidelines. Council asked that those changes be made to
allow greater flexibility in awarding the one third of TOT funds distributed for
tourism and economic development.
Agenda Ite~r~ Review: City Administrafor~~~ _.__._._ City Attorney
84
Finance,, ~_
Honorable Mayor and City Council
March 19, 2008
Page 2
DISCUSSION:
Amendments to the TOT Ordinance, to allow for greater flexibility in disbursing
TOT grant funds, were presented earlier in this agenda. Attached, for your
consideration, are revised grant guidelines that allow the Council to use a
competitive or anon-competitive process, or a combination of the two, to
distribute Tourism and Economic Development Grants. Amendments to the
Guidelines require all funding recipients to meet organization and project
eligibility requirements listed in the guidelines, and to submit an application for
funding, regardless of whether the competitive ar non-competitive process is
used. The guidelines continue to require reporting accountability, although
requirements now require only semi-annual reporting. Guidelines also provide
for semi-annual payments. The Council may award those payments in advance
or in arrears. The second payment is conditioned on submission and approval
by staff of reporting documents required at the end of the first half year, and
only in full if TOT proceeds are meeting projections. If proceeds are less than
projected a prorated amount based on estimated totals would be distributed.
In the aggregate the changes provide the flexibility Council indicated it desires
in awarding these funds, but retain the accountability Council has previously
indicated is important when distributing public funds to outside agencies.
A resolution authorizing the revised guidelines, as required by the Transient
Occupancy Tax Ordinance, is also recommended for your approval.
Pursuant to the recommended guidelines, the Chamber is required to submit a
grant application to obtain the requested funding. The scope of work
described in that application is necessary to complete the funding agreement
also required by the guidelines. A number of other supporting documents are
also necessary, pursuant to the guidelines, to assure a recipient is eligible,
capable, and accountable, for administering the TOT grant. Accordingly, it is
also recommended that Council authorize the Interim City Administrator to
execute an agreement awarding FY 2008-09 Tourism and Economic
Development Grant funds in an amount not-to-exceed $44,400 to the
Woodburn Area Chamber of Commerce, once all grant requirements are met.
FINANCIAL IMPACT:
Total proceeds from the TOT for 2008-09 are estimated at $215,000. Of that,
$71,b67 is dedicated to Tourism and Economic Development. The Chamber
requested $44,000. Remaining monies can be distributed to other applicants for
funding, including the City, or retained for future years' distribution.
85
CITY OF WOODBURN
TOURISM AND ECONOMIC DEVELOPMENT GRANT
GUIDELINES, PROCEDURES AND PROCESS
INTRODUCTION:
OHrdHinxanceHHHH2x057xxxxpxrovixdesHHHHthxatHHHthxeHHHH Woodburn City Council ;sxh%axll%%%dxistri%%butxe
~NN'vN' ~u~°~ one-third (33.33%) ty^~^ n~n`h~ i??,~~~o~~ of t"e anticipated
Transient Occupancy Tax (TOT) monies for tourism and economic development
purposes. Those monies may be retained by the City for those purposes, or may
be distributed, in whole or in part by ~ grants:
awarded ,to agencies who promote tourism ~ or conduct
economic development as a fundamental part of their mission; who will forward
the City Council's purposes in creating and distributing ~ t:hs
funding.,,%%; and who can demonstrate the ability to deliver projects that benefit the
Woodburn economy. To be considered for funding, pProjects ~e
s~ d~ must have a definable impact on the travel and tourism
industry, or on diversifying and strengthening the local economy. The minimum
amount for a single project shall be $5,000. !nrrEnG To.unsm and Economic
Developmentfunds f cannot represent more than 75 percent of a project's
total cost. Funding may be provided, in advance or in arrears,
roimhi ireomon~ h~eie~ up to snot-to-exceed amount specified by contract. In the
event f"at total revenues from the portion of TOT dedicated to tourism and
economic development activities x are not sufficient to reimburse the full cost of
awarded grants, funds shall be roimhi ireomon~e shall be distributed in lesser
amounts, in proportion to actual revenues received.
GRANT PURPOSES:
• Promote existing tourist attractions and events
• Create a greater diversity of cultural events and activities that will attract
tourists to the City Of Woodburn
• Encourage the implementation of cooperative tourism development
projects and activities
• Promote diversification of the City's economic base
• Promote projects and activities having the capacity to enhance long-term
economic growth
• Promote and assist existing small businesses
• Provide technical and financial assistance for the expansion of existing
businesses
• Provide technical and financial assistance for the development of new
businesses
ELIGIBLE APPLICANTS:
a. Non-profit organizations and governmental agencies may apply.
86
xbxxxxxxxxxxxNon-profit organizations must include tourism andloreconomic
c'development or marketing among their major activities.
c. Applicants must have a Federal ID number, registered with the internal
revenue service, to qualify for funding. The number must coincide with the
applicant's organization namen
Applicants must be located with the city limits of the City Of Woodburn.
d.
e. Applicants must demonstrate a fiscal accountability system that
insures the money will be spent in the manner indicated bythe grant
application.
ELIGIBLE PROJECTS:
Examples of projects that will be considered for funding include but are not
limited to:
• marketing efforts to attract tourism
• development of tourism opportunities and attractions
• projects and activities having the capacity to enhance long-term economic
growth
A matching formula of 1-3 is required (Applicant match must equal at least 25
percent of proposed project cost).
Priority will be given to projects that reflect new and innovative ideas. Priority will
also be given to tourism related projects that encourage prolonged stays, and to
economic development-related projects that create employment opportunities
with a minimum annual wage of $35,000.
COMPETITIVE PROCESS:
The City Council may at its discretion require that some, or all monies dedicated
for tourism and economic development be distributed through a competitive grant
process. The Council may also, at its discretion, elect to suspend competition
for some or all of the tourism and economic develo ment funds for one or more
recipients for a single or for multiple years. If the City Council elects to suspend
the competitive process, the Council shall select recipients on the basis of the
compelling nature of the proposal, and on past performance. All recipients shall
forward the Council's purposes for these monies, meet eligibility requirements,
conduct only eligible grant activities, and submit an application for funding,
regardless of whether competitive ornon-competitive selection is used.
AePPLICATIONS oQnCEcc;
87
APPLICATION INSTRUCTIONS:
Please see the descriptions below of the information that must be submitted to
constitute a competed application.
1. Applicant Information
A. Submitting institution -only one organization. Any other institutions
involved in the project must be listed under collaborating or
participating individuals or organizations. Applicant must provide a
brief history of their organization including years of operation, office
location, list of officers, mission statement and objectives, and past
experience delivering projects similarto that being proposed.
B. Type of Institution -refers to the legal status of the institution, i.e.
local government agency, ornon-profit organization.
C. Authorized representative -the person within the submitting
organization who is legally responsible for receiving grant funds.
D. Include name, title, mailing address, phone, and fax.
E. Project Director. The name, address, phone, fax and a-mail of the
person designated to receive routine correspondence regarding the
contents and status of the project.
2. Proposed Time Frame of Project - Provide a project timeline, including key
milestones to mark progress. Projects must be completed within one year of
the execution of a grant contract.
3. Project Objective -Explain what is intended to be achieved, and its
significance, by carrying out the proposed project. This should describe the
goals of the project, and not project activities.
ss
4. Project Description -Provide concrete details of the project background,
methodology, and anticipated results. Include in that discussion the need for
UUTEDG assistance.
5. Project Budget -Please prepare a detailed project budget. Indicate the total
cost of the project, and the portion of the budget forwhich UUTEDG funds are
requested. Provide an estimate of all project revenue, broken down by earned
income, grants and contributions, and in-kind services. Expenses must be
segregated into the following cost categories: personnel, materials and
services, and capital items, and broken down byline item (i.e., advertising,
printing, etc.) Provide the total cost for each specific line item and specify the
amount of support for each requested from UUTEDG. Please provide
documentation of all matching funds and in-kind contributions.
6. Collaborating or Participating Organizationslindividuals -Specify all individual
or organizational partners involved in the planning or execution of the
proposed project and summarize their involvement.
REVIEW PROCESS:
For competitive grants the following process shall be used:
A project review team will review qualified applications, as determined by
City staff. The project review team may seek input from project sponsors
or applicants during the application evaluation process.
The project review team will make recommendations tothe City Council.
The City Council will determine grant approvals, subject to execution of
contracts with the successful applicants.
EVALUATION CRITERIA:
All fro osed ro~ects re ardless of whether com etitive or non-com etitive
~ ~ p
......... .... p p J ..........~................................................................. _.....................................................y...................
selxection is used, will be evaluated on the following criteria:
• Organization and experience
• Technical approach
• Timing of project delivery
• Partnerships with business and other organizations
• Budget. There must be an adequate level of financial support (public and
private) already committed to the project.
• The project's potential for long-term positive impacts on the local economy
• The project's potential for long-term sustainability
• The project's readiness to proceed
CONTRACT REQUIREMENTS:
89
Applicants approved for a grant will be sent a notice of grant award, and a copy
of the City's standard contact language. Grantees will have 30 days to submit all
required documentation. This will include:
An executed contract, including a Grant Summary form. The grant summary will
include a scope and description of the project, goals, objectives, and anticipated
results, project timelines and milestones, project director and if, applicable, staff,
and a detailed project budget.
Proof of Insurance. Proof of insurance, as required pursuant to City standards
must be submitted.
CorporatelCertified Resolution. This is a document accepting grant funds and
accompanying requirements and restrictions, and certifying who is empowered to
execute, deliver, and sigh on behalf of the project.
Non-Profit Status. Grant awardees must provide proof of non-profit status.
Verification of Matching Funds. Grantees certify, or show proof that matching
funds are/will be available.
Statement of Assurances. A statement of assurance, executed by the authorized
representative, indicating that the grantee agrees to abide by all applicable City
Of Woodburn policies, procedures, and requirements.
REPORTING REQUIREMENTS:
Status Reports. The grantee will submit progress reports on asemi-annual
basis. Status reports will include a discussion of progress toward
meeting goals, objectives, and milestones, and will provide quantitative
documentation of the effectiveness of the project to that point in time. Status
reports will also provide detail regarding project revenues and expenditures. The
final report shall include information for rho immorli~~oly ~ror+orliny ~i i~rfor ~nrl fnr
~i iv ii i ii i iv~.+ic.«vi i vvv~.+ii i uui Zvi c,~i iu ivi
the entire grant period.
Financial Reports: Financial reports shall be provided semi-annually ;curt°; !y, in
conjunction with the status reports. All project expenditures ejc~ must
be outlined in the financial report. The grantee is required to submit
documentation of all expenditures, such as invoices or cancelled checks. if the
Council authorizes a grant agreement that provides payment in arrears of
expenses, Cost reimbursements will be based upon financial report
documentation, and will not be released until expenditures have been approved
by C ity Staff.
90
Audit: If grantee is subject to a federal or state single audit, it must have an audit
of its accounts performed annually and a copy submitted to the City of
Woodburn. If the grantee is not subject to a single audit, then at the City's sole
discretion, grantee shall be subject to aproject-specific audit of its accounts
within ninety days of the completion of the Project, or unless otherwise required.
An independent accounting firm, at the sole expense of the grantee, shall
conduct such an audit. The cost of such an audit will be considered as a cash
match, for the purposes of meeting match requirements.
DISTRIBUTION OF FUNDS
The Council may, at its discretion authorize grant payments in advance, or in
arrears. All monies shall be distributed in two semi-annual payments. Payments
in advance shall be provided as follows:
a. upon execution of a grant agreement and submission by
the recipient of all required supporting documentation, and
a written request for payment, the first one half (112} of the
funds allocated to the recipient shall be forwarded, within
ten business days, to the recipient.
nb....nnnnUn~onnnsunbmninssionnnof nthenfinrstnsemnnannunalnn~nro~nressnnand
..............
financial reports, and upon approval of that documentation
by City staff for completeness and program eligibility, and
upon a determination by City staffthat sufficient Transient
Occupancy Tax monies are projected to exist to fully fund
recipient's second one-half payment, and written request
for payment by recipient, the second half of the funds
allocated to the recipient shall be forwarded within ten
business days.
c. In the event City staff determines that Transient
0 cc uHpHa nHc~HHH THaxHHHHf u nHd sHHH wxixl I ...be.....i. nHs uHf f iHcHiHe n tHHH tHoHHHHs uH~ pHo rtHH tHhHeHHH f uHIHHI
amount of the second half payment, funds shall be
distributed in a lesser amount, in proportion to actual
revenues received.
C~~~nnn~inn of ~'nn~nnfifi~in Drn~e~~~
vaavrv~~v~v~~ v~ vv~iirv~~~~rv ~ ivvvvv.
91
' hili~~ I~r+U r ni i~lifiorl ~nnlin~r~
einnifir+~nf rorli ir-~inn in Tr~neionf rlnni in~nr+~i Tw nrnr-oorle w~il~hlo fnr
viyi iiiivc.~i i~ i v~nuv~ivi i iii i i ui ivivi i~ vvvu~/t,ai ivy i tan `.ri vvvvuv uvuiiurriv ivi
G ienoneinn of fho (`mm~o~ifi~io nrnr-oee fnr ~~nrn nr mnro r+nnear+i i~i~io ~io~re eh~ll
92
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION REVISING GUIDELINES, PROCEDURES AND PROCESS FOR
OBTAINING CITY TOURISM AND ECONOMIC DEVELOPMENT GRANT FUNDS
PURSUANT TO ORDINANCE NO. 2057 (THE TRANSIENT OCCUPANCY TAX
ORDINANCE.
WHEREAS, the City established a transient occupancy tax by the passage
of Ordinance No. 2057 (the Transient Occupancy Tax Ordinance); and
WHEREAS, the Transient Occupancy Tax Ordinance was amended by
Ordinance No. 2290 so 2/9 (22.22%) of anticipated transient occupancy tax
funds are made available by the City for distribution through a competitive
grant process to agencies who promote tourism and/or economic
development among their major activities; and
WHEREAS, on September 24, 2001 the City Council adopted Resolution No.
1 b51, which established policies and procedures governing the application and
award process for tourism and economic development grants, pursuant to the
transient occupancy tax ordinance; and
WHEREAS, on October 13, 2003 the City Council adopted Resolution No.
1739 which revised guidelines, procedures and process for obtaining city
tourism and economic development grant funds to simplify administration of
and compliance with tourism and economic development grants; and
WHEREAS, on January 23, 2006, the City Council adopted Resolution No
1822, which further revised grant guidelines to allow it to suspend utilization of
the competitive grant process. .
WHEREAS, the Council finds it desirable to revise the grant guidelines to
provide greater flexibility in the distribution of grant funds by allowing for:
multiple year awards; temporary, permanent, or intermittent suspension of the
compefiitive grant process; allowing for payments in advance when
advantageous, rather than in arrears; modifying match requirements based on
individual grant proposals; and increasing the amounts of funding, and awards
that may be made available to grant recipients. NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The TOURISM AND ECONOMIC DEVELOPMENT GRANT
GUIDELINES, PROCEDURES AND PROCESS, which is affixed hereto and
incorporated herein as Attachment "A" is hereby adopted.
Page 1 -Council Bill No.
Resolution No.
93
~ . /`
Approved as to form: ~ ~ '~.~ ~~ '""`~'""
City Attorney
-~-`~ f ~ ~
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
Poge 1 -Council Bill No.
Resolution No.
94
Attachment A
CITY OF WOODBURN
TOURISM AND ECONOMIC DEVELOPMENT GRANT
GUIDELINES, PROCEDURES AND PROCESS
INTRODUCTION:
Ordinance 2057 provides that the Woodburn City Council shall distribute one-
third (33.33%) of anticipated Transient Occupancy Tax (TOT) monies for tourism
and economic development purposes. Those monies may be retained by the
City for those purposes, or may be distributed, in whole or in part by grants
awarded to agencies who promote tourism or conduct economic development
as a fundamental part of their mission; who will forward the City Council's
purposes in creating and distributing this funding; and who can demonstrate the
ability to deliver projects that benefit the Woodburn economy. To be considered
for funding, projects must have a definable impact on the travel and tourism
industry, or on diversifying and strengthening the local economy. The minimum
amount for a single project shall be $5,000. Tourism and Economic
Development funds cannot represent more than 75 percent of a project's total
cost. Funding may be provided, in advance or in arrears, up to anot-to-exceed
amount specified by contract. In the event total revenue from the portion of TOT
dedicated to tourism and economic development activities is not sufficient to
reimburse the full cost of awarded grants, funds shall be shall be distributed in
lesser amounts, in proportion to actual revenues received.
GRANT PURPOSES:
• Promote existing tourist attractions and events
• Create a greater diversity of cultural events and activities that will attract
tourists to the City Of Woodburn
• Encourage the implementation of cooperative tourism development
projects and activities
• Promote diversification of the City's economic base
• Promote projects and activities having the capacity to enhance long-term
economic growth
• Promote and assist existing small businesses
• Provide technical and financial assistance for the expansion of existing
businesses
• Provide technical and financial assistance for the development of new
businesses
ELIGIBLE APPLICANTS:
a. Non-profit organizations and governmental agencies may apply.
b. Non-profit organizations must include tourism andlor economic
development or marketing among their major activities.
95
c. Applicants must have a Federal ID number, registered with the internal
revenue service, to qualify for funding. The number must coincide with the
applicant's organization name.
d. Applicants must be located with the city limits of the City Of Woodburn.
e. Applicants must demonstrate a fiscal accountability system that insures
the money will be spent in the manner indicated by the grant application.
ELIGIBLE PROJECTS:
Examples of projects that will be considered for funding include but are not
limited to:
• marketing efforts to attract tourism
• development of tourism opportunities and attractions
• projects and activities having the capacity to enhance long-term economic
growth
A matching formula of 1-3 is required (Applicant match must equal at least 25
percent of proposed project cost).
Priority will be given to projects that reflect new and innovative ideas. Priority will
also be given to tourism related projects that encourage prolonged stays, and to
economic development-related projects that create employment opportunities
with a minimum annual wage of $35,000.
COMPETITIVE PROCESS:
The City Council may at its discretion require that some, or all monies dedicated
for tourism and economic development be distributed through a competitive grant
process. The Council may also, at its discretion, elect to suspend competition
for some or all of the tourism and economic development funds for one or more
recipients for a single or for multiple years. If the City Council elects to suspend
the competitive process, the Council shall select recipients on the basis of the
compelling nature of the proposal, and on past performance. All recipients shall
forward the Council's purposes for these monies, meet eligibility requirements,
conduct only eligible grant activities, and submit an application for funding,
regardless of whether competitive ornon-competitive selection is used.
APPLICATIONS
• Completed applications must be submitted on forms provided by the City
Of Woodburn. Forms may be photocopied.
• Four (4} copies of the completed application package must be submitted.
• Applicants may be asked to provide additional information to the City.
Applicants must be willing to negotiate the grant agreement so as to
ensure the best use of these funds.
96
• City staff will review and evaluate applications for eligibility of proposing
organizations and activities.
APPLICATION INSTRUCTIONS:
Please see the descriptions below of the information that must be submitted to
constitute a competed application.
1. Applicant Information
A. Submitting institution -only one organization. Any other institutions
involved in the project must be listed under collaborating or
participating individuals or organizations. Applicant must provide a
brief history of their organization including years of operation, office
location, list of officers, mission statement and objectives, and past
experience delivering projects similarto that being proposed.
B. Type of Institution -refers to the legal status of the institution, i.e.
local government agency, ornon-profit organization.
C. Authorized representative -the person within the submitting
organization who is legally responsible for receiving grant funds.
D. Include name, title, mailing address, phone, and fax.
E. Project Director. The name, address, phone, fax and a-mail of the
person designated to receive routine correspondence regarding the
contents and status of the project.
2. Proposed Time Frame of Project - Provide a project timeline, including key
milestones to mark progress. Projects must be completed within one year of
the execution of a grant contract.
3. Project Objective -Explain what is intended to be achieved, and its
significance, by carrying out the proposed project. This should describe the
goals of the project, and not project activities.
4. Project Description -Provide concrete details of the project background,
methodology, and anticipated results. Include in that discussion the need for
UUTEDG assistance.
5. Project Budget -Please prepare a detailed project budget. Indicate the total
cost of the project, and the portion of the budget forwhich UUTEDG funds are
requested. Provide an estimate of all project revenue, broken down by earned
income, grants and contributions, and in-kind services. Expenses must be
segregated into the following cost categories: personnel, materials and
services, and capital items, and broken down byline item (i.e., advertising,
printing, etc.) Provide the total cost for each specific line item and specify the
amount of support for each requested from UUTEDG. Please provide
documentation of all matching funds and in-kind contributions.
97
6. Collaborating or Participating Organizationslindividuals -Specify all individual
or organizational partners involved in the planning or execution of the
proposed project and summarize their involvement.
REVIEW PROCESS:
For competitive grants the following process shall be used:
• A project review team will review qualified applications, as determined by
City staff. The project review team may seek input from project sponsors
or applicants during the application evaluation process.
• The project review team will make recommendations tothe City Council.
• The City Council will determine grant approvals, subject to execution of
contracts with the successful applicants.
EVALUATION CRITERIA:
All proposed projects, regardless of whether competitive ornon-competitive
selection is used, will be evaluated on the following criteria:
• Organization and experience
• Technical approach
• Timing of project delivery
• Partnerships with business and other organizations
• Budget. There must be an adequate level of financial support (public and
private) already committed to the project.
• The project's potential for long-term positive impacts on the local economy
• The project's potential for long-term sustainability
• The project's readiness to proceed
CONTRACT REQUIREMENTS:
Applicants approved for a grant will be sent a notice of grant award, and a copy
of the City's standard contact language. Grantees will have 30 days to submit all
required documentation. This will include:
An executed contract, including a Grant Summary form. The grant summary will
include a scope and description of the project, goals, objectives, and anticipated
results, project timelines and milestones, project director and if, applicable, staff,
and a detailed project budget.
Proof of Insurance. Proof of insurance, as required pursuant to City standards
must be submitted.
98
CorporatelCertified Resolution. This is a document accepting grant funds and
accompanying requirements and restrictions, and certifying who is empowered to
execute, deliver, and sigh on behalf of the project.
Non-Profit Status. Grant awardees must provide proof of non-profit status.
Verification of Matching Funds. Grantees certify, or show proof that matching
funds are/will be available.
Statement of Assurances. A statement of assurance, executed by the authorized
representative, indicating that the grantee agrees to abide by all applicable City
Of Woodburn policies, procedures, and requirements.
REPORTING REQUIREMENTS:
Status Reports. The grantee will submit progress reports on asemi-annual
basis. Status reports will include a discussion of progress toward meeting goals,
objectives, and milestones, and will provide quantitative documentation of the
effectiveness of the project to that point in time. Status reports will also provide
detail regarding project revenues and expenditures. The final report shall include
information for the entire grant period.
Financial Reports: Financial reports shall be provided semi-annually, in
conjunction with the status reports. All project expenditures must be outlined in
the financial report. The grantee is required to submit documentation of all
expenditures, such as invoices or cancelled checks. If the Council authorizes a
grant agreement that provides payment in arrears of expenses, Cost
reimbursements will be based upon financial report documentation, and will not
be released until expenditures have been approved by City Staff.
Audit: If grantee is subject to a federal or state single audit, it must have an audit
of its accounts performed annually and a copy submitted to the City of
Woodburn. If the grantee is not subject to a single audit, then at the City's sole
discretion, grantee shall be subject to aproject-specific audit of its accounts
within ninety days of the completion of the Project, or unless otherwise required.
An independent accounting firm, at the sole expense of the grantee, shall
conduct such an audit. The cost of such an audit will be considered as a cash
match, for the purposes of meeting match requirements.
DISTRIBUTION OF FUNDS
The Council may, at its discretion authorize grant payments in advance, or in
arrears. All monies shall be distributed in two semi-annual payments. Payments
in advance shall be provided as follows:
99
a. upon execution of a grant agreement and submission by
the recipient of all required supporting documentation, and
a written request for payment, the first one half (112} of the
funds allocated to the recipient shall be forwarded, within
ten business days, to the recipient.
b. Upon submission of the first semi-annual progress and
financial reports, and upon approval of that documentation
by City staff for completeness and program eligibility, and
upon a determination by City staffthat sufficient Transient
Occupancy Tax monies are projected to exist to fully fund
recipient's second one-half payment, and written request
for payment by recipient, the second half of the funds
allocated to the recipient shall be forwarded within ten
business days.
c. In the event City staff determines that Transient
Occupancy Tax funds will be insufficient to support the full
amount of the second half payment, funds shall be
distributed in a lesser amount, in proportion to actual
revenues received.
goo
r
11F
->--
.~~,-.
~~ ~~~
~TOODBUR,~
March 24, 2008
TO: Honorable Mayor and City Council through City Administrator
VIA: Dan Brown, Public Works Director
FROM: Randy Rohman, Public Works Program Manager
SUBJECT: Intergovernmen#al Agreement with ODOT for Environmental
Assessment on Highway 214 between Broughton Woy and Pork
Avenue
RECOMMENDATION:
Approve the attached resolution entering into an Intergovernmental Agreement
with the Oregon Department of Transportation for an Environmental Assessment
on Highway 214 between Broughton Way and Park Avenue and authorizing City
Administrator to sign said agreement.
BACKGROUND:
The City in 1999 conducted an Alternatives Analysis on Highway 214 from
Woodland Avenue to Park Avenue. This study was the basis that was used in
subsequent interchange studies and management plans and the Environmental
Assessment for the I-5 interchange modernization project. The approved
Environmental Assessment for the I-5 interchange modernization project
included the section of Highway 214 from Woodland Avenue to near Broughton
Way.
In the current 2006-2009 ODOT Statewide Transportatian Improvement Program
(STIP), the City was successful through the Mid Willamette Valley Area
Commission on Transportation (MWACTj in getting the Environmental Assessment
for Highway 214 from Broughtan Way and Park Avenue included. The
environmental assessment was funded for $550,000. ODOT negotiated a
cantract for completion of the work in fall 2007 and total estimated cost with
contingencies was $750,000. The City agreed to fund the $200,000 shortfall in
the estimated cost in order to move this project forward. The completion of the
Environmental Assessment is the next critical step in moving this project to a
Agenda Item Review: City Administrato City Attorney~u~=~ Fin
101
Mayor and City Council
March 24, 2008
Page 2
point where design and construction of the project could proceed if funding for
the project were to become available.
The modernization project to improve Highway 214 from Broughton Way and
Park Avenue is one of fourMWACT 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 priority).
DISC_l1SSIC~N~
Along with the interchange modernization project the project to widen the
remainder of Highway 214 east through the City to the intersection with Highway
99E is a high priority project. ODOT has concurred by inclusion of the
Environmental Assessment in the current STIP and MWACT has included it as a
project that would be funded with additional transportation funding that is
being discussed as an objective of the 2009 Oregon legislative session.
State funding, however, will not fully fund the Environmental Assessment and if
construction money were to become available the completion of the
Environmental Assessment will make the project ready for construction. To
ensure this project is ready if future funding becomes available the City has
agreed to fund a portion of the Environmental Assessment. Staff recommends
that the attached resolution be approved to enter into an intergovernmental
agreement to fully fund the Environmental Assessment on Highway 214 between
Broughton Way and Park Avenue.
FINANCIAL IMPACT:
The project is included in the FY 2007-2008 approved Capital Improvement
Program and funding for the City share of the project funding is from
Transportation Impact Fees.
X02
COUNCIL BILL N0.
RESOLUTION N0.
A RESOLUTION ENTERING INTO INTERGOVERNMENTAL AGREEMENT NUMBER 24,253
WITH THE STATE OF OREGON AND AUTHORIZING THE CITY ADMINISTRATOR TO
SIGN SUCH AGREEMENT.
WHEREAS, by authority granted in ORS 190.110, the State of Oregon acting
through its Department of Transportation is authorized to enter into agreements
with cities for the performance of any or all functions and activities that a party
to the agreement or its officers have the authority to perform; and
WHEREAS, OR 214 is a state highway under the jurisdiction and control of
Oregon Transportation Commission; and
WHEREAS, a project has been developed to prepare an Environmental
Assessment for OR 214 from Broughton Way to Park Avenue in accordance with
the guidelines of the National Environmental Protection Act; and
WHEREAS, under such authority the State of Oregon acting through its
Department of Transportation and the City of Woodburn agree to share in the
costs for preparation of Environmental Assessment for OR 214 from Broughton
Way to Park Avenue; and
WHEREAS, the State of Oregon, Department of Transportation, has
provided Intergovernmental Agreement No. 24,253 outlining terms and
conditions for preparation of an Environmental Assessment for OR 214 from
Broughton Way to Park Avenue in accordance with the guidelines of the
National Environmental Protection Act; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into Intergovernmental
Agreement No. 24,253, which is affixed as Attachment "A"and by this reference
incorporated herein, with the State of Oregon acting by and through its
Department of Transportation to prepare an Environmental Assessment for OR
214 from Broughton Way to Park Avenue in accordance with the guidelines of
the National Environmental Protection Act.
Page 1 -COUNCIL BILL N0.
RESOLUTION N0.
X03
Section 2. That the City Administrator of the City of Woodburn is
authorized to sign said agreement on behalf of the City.
Approved as to form: ~ ~~ ~'~~"~~~.~ ~~ ~~ ~ ~ ~ ~ __
City Attorney Dat
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant City Recorder
City of Woodburn, Oregon
Page 2 -COUNCIL BILL NO.
RESOLUTION NO.
104
Misc. Contracts & Agreements
No. 24533
INTERGOVERNMENTAL AGREEMENT
aregon Route 214 ~~R-214}; Broughton Way to Park Avenue
Environmental Assessment to Modernize CR-214 through Woodburn
City of Woodburn
THIS AGREEMENT is made and entered into by and between the STATE GF OREGON,
acting by and through its Department of Transportation, hereinafter referred to as "State;"
and the CITY OF W~ODBURN, acting by and through its designated officials, hereinafter
referred to as "City," collectively hereinafter referred to as the "Parties."
RECITALS
1. By the authority granted in CARS 190.11 D, state agencies may enter into agreements
with units of local government for the performance of any or all functions and
activities that a party to the agreement, its officers, or agents have the authority to
perform.
2, By the authority granted in DRS 366.425, State may accept deposits of money or an
irrevocable setter of credit from any county, city, read district, person, firm, or
corporation for the performance of work on any public highway within the State.
When said money or a letter of credit is deposited, State shall proceed with the
Project. Money so deposited shall be disbursed for the purpose for which it was
deposited.
3. CR-214 through City is a congested urban roadway that has been identified City of
Woodburn Transportation System Plan, October 2DD5} in need of improvements for
efficient and safe traffic movements.
4. As part of the Interstate-5 ~I-5} at OR-214 Interchange Woodburn} Development
Project see State's 2006-2009 Statewide Transportation improvement Program,
key number 12518}, the following documents ~ have been published: ~}
FnvlronmentaE Assessment July 2D05}; 2} En~erchange Area Management Plan
June 2006}; 3} RevEseaf Fnvlronmen~al Assessment (J4FA} November 2DD6}; and
4~ E=inafing of f11o Sr'gnlficant lmpacf ~F~E~SI~ €December 2D46}. The REA projects
design revision of roadway from the i-5 Interchange to Astor Way. This Agreement
addresses a project on 0R-214 in Woodburn see State's 20D6-20D9 Statewide
Transportation Improvement Program, key number 12820} that will slightly overlap
the area studied in t'he REA, beginning at Broughton Way smile point 37.46} and
extending to Park Avenue smile point 38.82}.
NoW THEREFaRE, the premises being in general as stated in the foregoing
RECITALS, it is agreed by and between the Parties hereto as follows:
Key No. ~ 2820
105
City of Waodburrr /State of Dregon -Dept. of Transportation
agreement ~o. 24533
TERMS of AGREEMENT
1. Under such authority, State and City agree that the work identified herein shall be
performed and hereinafter referred to as "Project". The location of the Project is
approximately as shown on the sketch map attached hereto, marked Exhibit A, and
by this reference made a part hereof. The Project shall include:
a. Preparation of an Environmental Assessment for the OR-2~4: Broughton Vvay
to Park Avenue project in accordance with guidelines of the National
Environmental Policy Act ~NEPA}; and
b. Year 2035 projections of population, employment, sand use, and the focal
transportation network thereinafter referred to as Projections} to be used to
update the State Transportation Model Earths Woodburn Area; and,
c. Preparation and adoption of the Access Management Plan into the current
City's Comprehensive Plan and Transportation System Plan, and if needed,
into the City's Development Ordinance.
2. A Work order Contract from State's Agreement to Agree Contract No. 25159, titled:
Discipline Specific Arcnifectural ~ Fngineerrng and Related Services -- David Fvans
and Associates, inc., shall be entered into by State separate from this Agreement.
The Work Order Contract shall describe in detail the Statement of Work and
Delivery Schedule for Project.
3. The total Project cost is estimated at $750,000, which is subject to change. The
Project will be financed with federal National Highway System NHS} funds at the
maximum allowable federal participating amount of $493,515. State shall provide
the federal fund match of $5fi,485 for a total of $550,000}. Federal and State funds
will be utilized for Project costs prior to City's contribution of $200,000. Any change
in total Project cost or contributions to the Project shall be accomplished through an
amendment to this Agreement, and State shall be responsible for casts in excess of
the available federal funds and City's contribution.
4. The terms of this Agreement shall begin on the date .all required signatures are
obtained and shall terminate on January 31, 2011, or upon completion of Project
and final payment, whichever is sooner.
CITY OBLIGATIONS
1. City shall, upon receipt of a fully executed copy of this Agreement and upon a
subsequent letter of request from State, forward to State an advance deposit or
irrevocable letter of credit in the amount of $200,000 for the Project, said amount
being equal to the estimated amount to be contributed by City.
~ of S
106
City of Woodburn /State of Oregon -Dept. of fransporEatlon
Agreement ~Io. 24533
2. City certifies, at the time this Agreement is executed, that sufficient funds are
available and authorized for expenditure to finance costs of this Agreement within
City's current appropriation or limitation of the current biennial budget.
3. City shall, at its own expense, provide Projections to State's Transportation Planning
Modeling Unit 4TPAU~ far the purpose of updating the Woodburn Area Traffic
Demand ,Model. Specific Projection criteria, including delivery dates and format,
shall be further defined in the Delivery Schedule of the future Work Crder Contract
identified in Terms of Agreement, Paragraph 2.
4. In the event City is unable to perform the work necessary to obtain Projections, City
agrees to allow State to perform the work using the funds from City's $200,000
contribution for the Project.
5. City agrees, upon notification by the State, to participate in the process to adopt the
Access Management Plan into the current City's Comprehensive Plan and
Transportation System Plan. City shall amend its Development Ordinance as
necessary to conform to the amended Comprehensive Plan and Transportation
System Plan.
6. City shall assist State in the formation of a Project management team that will work
cooperatively in developing and managing the Work Order Contract.
1. City's Project manager, as identif ed in City Obligations, Paragraph 8, shall serve on
Project's management team. City's Project manager shall have authority to act on
behalf of City to provide input and give approval on deliverables and amendments to
the Work Order Contract and to Project management matters and issues.
8. City's Project manager for this Project is Randall Rohman, P.E., Public Works
Program Manager, 2l0 Montgomery Street, Woodburn, oregon 91x71, phone ~543~
982-5245, or assigned designee upon individual's absience.
STATE oBLIGAT#oNS
1. State, or its consultant, shall prepare an Environmental Assessment of
modernization alternatives for the OR-214: Broughton Way to Park Avenue project.
2. State, or its consultant, shall prepare an Access Management Pian for the Project
Area.
3. Upon receipt of the Projections, State's TPAU shall update the State's Woodburn
Area Traffic Demand Model to year 2435. State agrees to perform the work
required to obtain Projection data in the event City is unable.
3of8
107
City of Woodburn /State of Dregon - Depf. of Transporfation
Agreement No. 24533
4. State shall request that City initiate the appropriate public process to amend its
Comprehensive Plan and Transportation System Plan by adding access
management measurements applicable to the Project. City shall amend its
development ordinance as necessary to implement the access management
measurements as adopted into its Comprehensive Plan and Transportation System
Plan.
5. State shall coordinate with City to form a Project management team that will work
cooperatively in developing and managing the Work order Contract.
6. State shall, upon execution of this Agreement, forward to City a letter of request for
an advance deposit or irrevocable letter of credit in the amount of $24fi,000 far
payment to State for the Project, as specified in City Obligations, Paragraph 1. In
the event that the total Project cost does not reach $750,4gg, the portion of said
advance deposit which is in excess of the Project cost will be refunded or released
to City.
?. State certifies, at the time this Agreement is executed, that sufficient funds are
available and authorized for expenditure to f Hance costs of this Agreement within
State's current appropriation or limitation of the current biennial budget.
8. State's Project manager for this Agreement is Alan J. Fox, Project Leader, 885
Airport Road, SE, Building P, Salem, Oregon 913Q1 ~419fi, phone X503} 98fi-~fi81,
or assigned designee upon individual's absence.
GENERAL PR4vISIONS
1. This Agreement may be terminated by mutual written consent of both Parties.
2. State may terminate this Agreement effective upon delivery of written notice to City,
or at such later date as may be established by Stag, under any of the following
conditions:
a. If City fails to provide services called for by this Agreement within the time
specified herein or any extension thereof.
b. If City fails to perform any of the other provisions of this Agreement, or sa
fails to pursue the work as to endanger performance of this Agreement in
accordance with its terms, and after receipt of written notice from State
fails to correct such failures within ten X10} days or such longer period as
State may authorize.
c. If City fails to provide payment of its share of the cost of the Project.
I
4of8
108
Cify of Woodburn /State of Oregon ~ Dept. of Transporfation
,4greement No. 24533
d. if State fails to receive funding, appropriations, limitations or other
expenditure authority sufficient to allow State, in the exercise of its
reasonable administrative discretion, to continue to make payments for
performance of this Agreement.
e. If federal or state laws, regulations or guidelines are modif ed or
interpreted in such a way that either the work under this Agreement is
prohibited or State is prohibited from paying for such work from the
planned funding source.
3. Any terminatian of this Agreement shall not prejudice any rights ar obligations
accrued to the Parties prior to termination.
4. City acknowledges and agrees that State, the Secretary of State's ~ffce of the
State of Oregon, the federal gavemment, and their duly authorized representatives
shall have access to the books, documents, papers, and records of City which are
directly pertinent to the specific Agreement for the purpose of making audit,
examination, excerpts, and transcripts far a period of six ~6} years after final
payment. Copies of applicable records shall be made available upon request.
Payment for costs of copies is reimbursable by State.
5. This Agreement may be executed in several counterparts facsimile or otherwise} all
of which when taken together shall constitute one agreement binding on all Parties,
notwithstanding that all Parties are not signatories to the same counterpart. Each
copy of this Agreement so executed shall constitute an original.
6. This Agreement and attached exhibits constitute the entire agreement between the
Parties on the subject matter hereof. There are no understandings, agreements, or
. representations, oral or written, not specified herein regarding this Agreement. No
waiver, consent, modif cation or change of terms of this Agreement shall bind either
party unless in writing and signed by both Parties and all necessary approvals have
been obtained. Such waiver, consent, modifcation or~ change, if made, shall be
effective only in the specific instance and far the specific purpose given. The failure
of State to enforce any provision of this Agreement shall not constitute a waiver by
State of that or any other provision.
IN IN~TNESS wHEREoF, the Parties hereto have set their hands as of the day and year
hereinafter written.
This Project is in the 2go5-2809 Statewide Transportation lmpr~vement Program, 4Key
~ 2829} that was approved by the Oregon Transportation Commission on August 1 1,
2a45 for subsequently approved by amendment to the STIP}.
5of8
109
City of Wooafburn /State of oregon -Dept. of Transportation
Agreement No. X4533
The Oregon Transportation Commission on June ~8, 2003, approved Delegation order
No. 2, which authorizes the Director to approve and execute agreements for day-to-day
..operations. Day-to-day operations include those activities required to implement the
biennial budget approved by the Legislature, including activities tv execute a project in
the Statewide Transportation Improvement Program.
Signature page to fo!!ow
6of8
110
City of Woodburn / State of Dregon - Dept. of Transportation
Agreement ~Io. 24533
0n September 15, 206, the Director of the Oregon Department of Transportation
approved Subdelegation Crder No. 2, Paragraph 1, in which authority is delegated to
,the Deputy Director, Highways, to approve and sign agreements over $75,Dg0 when the
work is related to a project included in the Statewide Transportation Improvement
Program.
CITY of 1N~oDBURN, by and through its STATE OF oREGON, by and through
designated officials its Department of Transportation
By By
City Administrator Deputy Director, Highways
Date Date
APPROVED AS To FORM
APPROVAL RECOMMENDED
By By
City Legal Counsel ~ Technical Services ManagerlChief
Engineer
Date
Date
City Contact: B
y
Randall Rohman, P.E.
. Region 2 Manager
Public Works Program Manager
City of Woodburn Date
270 Montgomery Street
Woodburn, 0R 91011
Phone: X503} 982.5245 ~ gy
Randy.Rohman a~ci.woodburn.or.us Region 2 Project Delivery Manager
Date
State Contact: F
Alan J. Fox, Project Leader
By
ore on De artment of Tr ns ortation
g p a p Area 3 Mana er
g
Highway Division, Region 2
885 Airport Road SE, Building P Date
Salem, 4R 91301-4790
Phone; X503} 98fi-2fi81
Alan.j.foxa~odot.state.or.us APPROVED AS T4 LEGAL SUFFICIENCY
By
Assistant Attorney general
Date
7of8
111
City of Woodburn /State of Oregon _ dept. of Transpor#ation
Agreemenf 1~0. Z4533
EXHIBIT Q
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112
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~- ~~~
W 4DBURN
,_-
March 24, 2008
TO: Honorable Mayor and City Council through City Administrator
VIA: Dan Brown, Public Works Director
FROM: Randy Rohman, Public Works Program Manager
SUBJECT: Intergovernmental Agreement with ODOT for Grant from the
Immediate Opportunity Fund for North Front Street
RECOMMENDATION:
Approve the attached resolution entering into an Immediate Opportunity Fund
Agreement with the Oregon Department of Transportation for North Front Street
project road construction and authorizing City Administrator to sign said
agreement.
BACKGROUND:
In July 2007, the City made application to the Oregon Economic and
Community Development Department for an Immediate Opportuni#y Fund jIOF)
grant. The purpose of the IOF is to support primary economic development in
Oregon through the construction and improvement of streets and roads. The
IOF is a joint program with the Oregon Department of Transportation (ODOT)
where ODOT jointly reviews applications and administers any awarded grants.
The City application was for Type B IOF, which is limited to revitalization of
business or industrial centers to support economic development. The project
that the City applied for was the road construction associated with the North
Front Street project. The City's stated purpose in the grant application was to
enhance the appearance and access to the downtown area, assist with urban
renewal goals of revitalizing the historic downtown and enhance increased
economic development in the downtown area. The City applied for the
maximum Type B IOF grant of $250,000 for the North Front Street project.
AgenGa Item Review: City Adrninislrator`r`~. City Attorney~~'~t``~~~ Finan
113
Mayor and City Council
March 24, 2008
Page 2
In October 2007, the City was notified by the Oregon Economic and Community
Development Department that it had been awarded the requested Type B IOF
grant in the amount of $250,000. ODOT has completed the required IOF
agreement to provide the grant funding to the City for the North Front Street
Project.
oiscussioN~
The attached resolution authorizes the City Administrator to sign the IOF
agreement provided by ODOT for the $250,000 grant for road construction
associated with the Front Street project. The IOF is one of several grant sources
associated with the Front Street project that will begin construction this summer
and staff is recommending that the attached resolution be approved.
FINANCIAL IMPACT:
The Front Street project is included in the FY 2007-2008 approved Capital
Improvement Program and funding for the City share will come from a varietyof
funding sources.
114
COUNCIL BILL N0.
RESOLUTION N0.
A RESOLUTION ENTERING INTO IMMEDIATE OPPORTUNITY FUND AGREEMENT
NUMBER 24,622 WITH THE STATE OF OREGON AND AUTHORIZING THE CITY
ADMINISTRATORTO SIGN SUCH AGREEMENT.
WHEREAS, by authority granted in ORS 190.110, 366.572 and 366.57b the
State of Oregon acting through its Department of Transportation is authorized to
enter into agreements with cities for the performance of work on certain types
of improvement projects with the allocation of costs on terms and conditions
mutually agreeable to the contracting parties; and
WHEREAS, North Front Street is a part of the City street system under the
jurisdiction and control of the City of Woodburn; and
WHEREAS, a project has been developed to improve the North Front
Street gateway to downtown Woodburn that enhances the appearance and
access to the downtown area that meets Immediate Opportunity Fund Type B
criteria; and
WHEREAS, the Oregon Economic and Community Development
Department has recommended use of Immediate Opportunity Fund not to
exceed $250,000 for the North Front Street project; and
WHEREAS, the State of Oregon, Department of Transportation, has
provided Immediate Opportunity Fund Agreement No. 24,622 outlining terms
and conditions for a grant of $250,000 to improve the North Front Street
gateway to downtown Woodburn and enhance the appearance and access
to the downtown area; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into Immediate Opportunity
Fund Agreement No. 24,b22, which is affixed as Attachment "A" and by this
reference incorporated herein, with the State of Oregon acting by and through
its Department of Transportation to improve the North Front Street gateway to
downtown Woodburn and enhance the appearance and access to the
downtown area.
Page 1 -COUNCIL BILL N0.
RESOLUTION N0.
115
Section 2. That the City Administrator of the City of Woodburn is
authorized to sign said agreement on behalf of the City.
Approved as to form:
City Attorney Da e
Approved:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant City Recorder
City of Woodburn, Oregon
Page 2 -COUNCIL BILL NO.
RESOLUTION NO.
Kathryn Figley, Mayor
116
+~
February Z8, 200$
Misc. Contracts & Agreements
No. 24,fi2Z
IMMEDIATE oPPORTUNITY FUND AGREEMENT
Woodburn Downtown Revitalization
City of Woodburn
THIS AGREEMENT is made and entered into by and between the STATE 4F GREGGN,
acting by and through its Department of Transportation, hereinafter referred to as "State";
and the CITY GF WaaDBURN, acting by and through its elected offcials, hereinafter
referred to as "Agency", collectively referred to as "Parties."
RECITALS
1. The Cregan Transportation Commission ~4TC} at its July 15, 1988, meeting
approved establishing an Immediate opportunity Fund ~IGF} to support .primary
economic development in Gregon through the construction and improvement of
streets and roads. The GTC, at its meeting on October 10, 2006, revised the
guidelines for the use of this fund. IoF funds are limited to Type A} specific
economic development projects that affirm job retention and job creation
opportunities; Type B~ revitalization of business o~ industrial centers to support
economic development and quality development objectives, and Type C~
preparation of aregon certified project-ready industrial sites.
Z. North Front Street is a part of the city street system under the jurisdiction and
control of Agency.
3. By the authority granted in qRS 190.110, 366.5?'2 and 366.516, State may enter
into cooperative agreements with counties, cities and units of local governments
for the performance of work on certain types of improvement projects with the
allocation of costs on terms and conditions mutually agreeable to the contracting
Parties.
NoW THEREFORE, the premises being in general as stand in the foregoing recitals, it is
agreed by and between the Parties hereto as follows:
TERMS of AGREEMENT
1. Agency, in order to improve the North Front Street Gateway to downtown Woodburn,
agrees to make roadway improvements to North Front Street from Harrison Street to
OR 214 tv enhance the appearance and access to the downtown core area that
meets the IGF criteria. The improvements will consist of the installation of new
curbs, planter strip, driveway approaches and bulb~outs between Harrison Street
and Hardcastle Street; the section north of Hardcastle Street will require full
reconstruction and will consist of two 1 Z-foot travel ,lanes, curb extensions, planter
strips and sidewalk; finally, overhead utility lines wilE be moved underground
between the downtown core area to GR Z14, hereinafter referred to as "Project".
Key Number: ~55~3
117
City of VlroodburnlGDGT
Agreement No. 24,fi22
The North Frant Street Gateway Project meets Type B 14F criteria. The location of
the Project is approximately as shown an the sketch map attached hereto, marked
"Exhibit A,"and by this reference made a park hereof.
2. The Oregon Economic and Community Development Department 40ECDD}
recommends use of IaF for this Project. State .agrees to provide 14F not to exceed
$250,040 to help finance the road construction portion of this Project. Agency
andlor others will provide the remaining Project funding. The total estimated cost of
this Project is $2,251,045.
3. This Agreement is effective on the
shall terminate upon completion of
created and f Iled positions outline
whichever occur f rst.
date all required signatures are obtained and
the Project and receipt of documentation of
d under Agency obligations or five ~5} years,
STATE aBL~GAT[aNS
1. State shall, at its own expense, assign a liaison person to monitor work performed.
State shall review all environmental documents, Project plans, specifications, and
cost estimates prepared by Agency or its consultants within twenty ~20~ working
days of submittal by Agency and before advertisement of construction bids.
2. Once construction is under way, and approved monthly itemized invoices have been
received, State shall reimburse Agency for 90 percent of the eligible Project
construction casts incurred within 45 days, State shall reimburse Agency until the
total of $250,000 of approved ICF have been paid, or until the Project is completed,
whichever comes first.
3. State's Project Manager for this Project is the Region 2 STIP Coordinator, McGregor
Lynde, 455 Airport Road, Building B, Salem, Oregon, 9?301-5395; Phone ~503~
9Sfi.2651, email m re or.l ride odat.state.or.us, o~ an .individual designated by
the Region 2 Manager in the event of the unavailability of the aforementioned
individual.
AGENCY OBL~GATiONS
1. Agency, or its ~nsultant, shall conduct the necessary preliminary engineering and
design work required to produce final plans, specifications and cast estimates;
obtain all required permits; arrange far all utility relocations ar reconstruction;
perform all construction engineering, including all required materials testing and
quality ~ documentation; prepare all bid documents; provide Project management
services, and other necessary functions for sole administration of the contract.
2. Agency shall advertise and award all con#racts, and pay all contractor casts. Ullithin
two ~2} years after the Agreement execution date, unless granted an extension by
2
118
City of WoodbumlCDCT
Agreement No. 24,622
State, Agency shall award a contract for construction of Project. Construction must
be completed within five ~5~ years of the Agreement date. If either time limit expires,
this Agreement shall terminate immediately with all Parties.
3, Agency ensures that State's contribution of 50 percent of the actual road
construction costs not to exceed $250,000 will be applied to preliminary engineering
and construction only. Agency shall be responsible for funding the remaining Project
costs.
4. Agency shall submit to the assigned Project Manager all environmental documents,
Project plans, scope of work, specif cations and cost estimates before advertisement
for construction bids.
5, Agency shall lay out and paint the necessary lane lines and erect the required
directional and traff c control signing far the Project.
6. Agency shall be responsible for ~ 00 percent of electrical energy costs associated
with the luminaries installed as a part of this Project. The power company shall send
power bills directly to Agency.
1. Agency agrees that State road standards shall be used for that portion within State
rights of way.
8. Agency shall require contractor to obtain and keep in effect during the term of the
contract Comprehensive or Commercial General liability Insurance covering bodily
injury and property damage. This insurance shall include persona! injury coverage,
contractual liability coverage for the indemnity provided under this Agreement and
productslcompleted operations liability. Combined single limit per occurrence shall
not be Tess than $1,000,000 or the equivalent. Each annual aggregate limit shall not
be less than $2,000,000 when applicable. The certificate of insurance shall include
the State of Oregon, Transportation Commission anc~ its members, Department of
Transportation, officers and employees as additional insured. Agency shall provide
a copy of the certificate to State prior to construction of the project. The insurance
coverage shall not be amended, altered, modified or .cancelled insofar as the
coverage contemplated herein is concerned without at least thirty 430 days prior
written notice,
9. All employers, including Agency, #hat employ subject workers who work under this
Agreement in the State of oregan shall comply with ORS 656.411 and pnavide the
re wired Workers' Com ensation coverage unless such employers are exempt
q p
under QRS 656.126. Agency shall ensure that each of its subcontractors complies
with these requirements.
11. Agency shall keep accurate cost accounting records. Agency shall prepare and
submit monthly itemized, progress billings for construction directly to State's Region
3
119
City of WoodburnlODOT
Agreement No. 24,622
2 Project Manager for review and approval. Such billings shall be in a form
acceptable to State and documented in an easily verif ed manner.
12. Agency shall maintain and operate the Project at a minimum level that is consistent
with normal depreciation andlor service demand. Maintenance responsibilities shall
survive termination of this Agreement.
13. Agency agrees that should any environmental or land-use issues arise at any time
during the development or construction of the Project, State may, at its discretion
and when exercised in goad faith, suspend payments until it is satisfed that the
issue has been resolved. However, Agency may use i#s own funds to continue the
Project and shall be reimbursed by State as provided for in this Agreement once
State is satisfied that the issue has been resolved.
14. Agency shall submit to State any change orders that substantially change the plans
and specifications or the submitted scope of work as outlined in Agency obligations,
4, or to the improvements listed in Terms of Agreement, Paragraph 1.
15. Agency shall provide to State permanent mylar "as constructed" plans for work on
sta#e highways.
16.Agency shall, to the extent pem~itted by the Oregon Constitution and the Oregon
Tort Claims Act, indemnify, defend, save, and hold harmless the State of Oregon,
Oregon Transportation Commission and its members, Oregon department of
Transportation and its officers and employees, from all claims, suits or actions of any
nature arising out of activities of Agency, its consultant, its contractor, its offcers,
subcontractors, agents, or employees under this Agreement. .
17. Notwithstanding the foregoing defense obligations under the Paragraph above,
neither Agency nor any attorney engaged by Agency shall defend any claim in the
name of the State of Oregon or any agency of the State of Oregon, nor purport to act
as legs! representative of the State of Oregon or any of its agencies, without the
prior written consent of the Oregon Attorney General. The State of Oregon may, at
anytime at its election assume its awn defense and settlement in the event that it
determines that Agency is prohibited from defending the State of Oregon, or that
Agency is not adequately defending the State of Oregon's interests, or that an
important governmental principle is at issue or tha# it is in the best interests ~of the
State of Oregon to do so. The State of Oregon reserves all rights to pursue any
claims it may have against Agency i# the State of Oregon elects to assume its own
defense.
18. Agency acknowledges and agrees that State, the Oregon Secretary of State's
office, the federal goverment, and their duly authorized representatives shall have
access to such fscal records and other books, documents, papers, plans ,and
writings of Agency that are pertinent to this Agreement to perform examinations and
4
120
City of Wood bu rnlO DOT
Agreement No. 24,622
audits and make excerpts and transcripts. Agency shall retain and keep all files and
records for a minimum of six ~6}years after completion of the Project.
19. Agency shall comply with all federal, state, and local laws, regulations, executive
orders and ordinances applicable to the work under this Agreement, including,
without limitation, the provisions of ORS 2790.505, 2790.515, 2790.520, 2790.530
and 279B.270 incorporated herein by reference and made a part hereof; Without
limiting the generality of the foregoing, Agency expressly agrees to comply with ~i}
Title VI of Civil Rights Act of 1964; iii} Title V and Section 504 of the Rehabilitation
Act of 1973' viii}the Americans with Disabilities Act of 1990 and ORS 659A.142; Div}
all regulations and administrative rules established pursuant to the foregoing laws;
and ~v} all other applicable requirements of federal and state civil rights and
rehabilitation statutes, rules and regulations.
20. Agency shall not enter into any subcontracts for any of the work scheduled under
this Agreementwithoutobtaining prior written approval from State.
21. Agency shall enter into and execute this Agreement during a regular, duly authorized
session of its City Council.
22.Agency's project manager is the Public Works Program Manager, 19o Garfield
Street, ~llloodburn, Oregon 91x71; Phone ~5g3} 982-5245, or designee.
GENERAL PROVISIONS
1. State and Agency grant authority to each other to enter onto its respective right of
way for construction and Project monitoring.
2. Tem~ir~ation
a. Parties Right to Terminate for Convenience. This agreement may be terminated
at any time by mutual written consent of the Parties.
b. State's Right #o Terminate for Convenience. State may, at its sole discretion,
terminate this Agreement, in whole or in part, upon thirty X34}days' written notice
to Agency.
c. State's Right to Terminate far Cause. State may terminate, in whole or in part,
immediately upon notice to Agency, or at such later date as State may establish
in such notice, upon the occurrence of any of the. following events:
i. If State fails to receive funding, appropriations, limitations or other
expenditure authority sufficient to allow State, in the exercise of its
reasonable administrative discretion, to continue to make payments for
performance of this Agreement.
5
121
City of Woodbum/ODOT
Agreement No. 24,622
ii. If federal or state laws, regulations or guidelines are modified or interpreted in
such a way that eifher the work under this Agreement is prohibited, or State
is prohibited from paying for such work from the planned funding source;
iii. If Agency fails to provide its share of the cost of the Project.
A. Any termination of this Agreement shall not prejudice any rights or
obligations accrued to the Parties before termination.
3. Agency agrees tv refund to State all IaF paid to Agency in connection with this
Project if this Agreement is terminated for any reason prior #o completion of Project.
Refund to State shall be within six months from termination date.
4. This Agreement may be executed in several counterparts facsimile or otherwise} all
of which when taken together shall constitute one agreement binding on all Parties,
notwithstanding that all Parties are not signatories to the same counterpark. Each
copy of this Agreement so executed shall constitute an original.
5. This Agreement and attached exhibits constitute the entire agreement between the
Parties on the subject matter hereof. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement. No
waiver, consent, modification, or change of terms of this Agreement shall bind either
Party unless in writing and signed by both Parties and ail necessary approvals have
been obtained. Such waiver, consent, modifcation, or change, if made, shall be
effective only in the specific instance and for the specifc purpose given. The failure
of State to enforce any provision of this Agreement shall not constitute a waiver by
State of that or any other provision.
IN WITNESS V~IMEREO~, the Parties hereto have set their hands as of the day and year
hereinafter written.
This Project is in the 200fi-2009 Statewide Transportation Improvement Program, Key
#~ 5583 that was approved by the Oregon Transportation Gomrnission on September
~ 2, 2401 for subsequently approved by amendment to the STIP~.
The Oregon Transportation Commission on June 18, 2403, approved Delegation order
No. 2, which authorizes the Director to approve and execute agreements for day-today
operations. Day-today operations include those activities required to implement the
biennial budget approved by the Legislature, including activities to execute a project in
the Statewide Transportation Improvement Program.
Signature Page to Follow
6
122
City of VlloodburnlODCT
Agreement No. 24,622
0n August 2, 2005, the Directar, Deputy Director, Highways and Chief Engineer
,.approved Subtlelegatian Crder No. 5', in which the Director, Deputy Director, Highways
and Chief Engineer delegate authority to the Region Managers to approve and sign
intergovemmenta# agreements over $75,040 up to a maximum of $500,Ofl0 when the
work is related to a project included in the Statewide Transportation Improvement
Program ~STIP~ or in a line item in the legislatively adapted biennial budget.
CITY of WaoDBURN, by and through its STATE aF OREGON, by and
elected off vials through its Department of
Transportation
By
Tit#e
Date
By
Title
Date
APPROVED AS To LEGAL SUFFICIENCY
By
Agency Counsel
Date
Agency Contact:
Randy Rohman
Public Works Director
City of Woodburn
~ 90 Garfield Street
Wood bu m, ~ regon 970? 1
Phone: 503.952.5245
By
Region 2 Manager
Date
APPROVAL RECOMMENDED
By
Region Z Planning and Development
Manager
Date
APPROVED AS Ta LEGAL
SUFFICIENCY
By
Assistant Attom~y General
Date
State Contact:
McGregor Lynde
Region 2 STIP Coordinator
455 Airport Road, Building B
Salem, Oregon 9?30~~5395
Phase: 543.986.2G5~
?
123
EXHIBIT A
IMMEDIATE OPPORTUNITY FUND
PROJECT LOCATION
ODOT REGION 2 -}.
f,J
s~rE ~ocar~vN
LEGEND
STATE H~HWAY CLASSIFICATION
INTERSTATE
STATEWIDE
- -• - - - - - REGIONAL /DISTRICT
REGION BOUNDARY
----~- - - -~-.. COUNTY 80UNDARY
ACT BOUNDARY
CITY OF WOODBURN DOWNTOWN REVITALIZATION
~~~~~~~
riot ~ been pnprod td a be eulftble lat ~
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124
11H
fir`:` {~~- 1 ~~ ~~+~
OODBUR r~~
W N
March 24, 2008
TO: Honorable Mayor and City Council through City Administrator
FROM: Jim Raw, Community Services Director
SUBJECT: Aquatics Position Upgrade
RECOMMENDATION:
Approve the position upgrade of a part time Aquatics Program Manager to a
full time Aquatics Coordinator and adopt the attached resolution authorizing a
salary range for the Aquatics Coordinator position.
BACKGROUND:
The City's Personnel Policy Manual defines apart-time position as one that is
normally scheduled for fewer than twenty ~20~ hours per week for a period
longer than nine (9) months in duration. Out of necessity, the individual currently
in this position has consistently been scheduled to work significantly more than
the 20 hours per week permitted of part time employees, due to the difficulty in
staffing early morning and daytime periods, especially during the school year.
This position has been and, will continue #o be, responsible for performing a wide
range of duties, including lifeguarding, head lifeguarding, lifeguard training,
water exercise, and swimming lesson instruction. Additional duties will be
assigned to this position, including responsibility #or preparing daily cash
reconciliations, conducting staff training, and performing outreach to schools
and other community groups. The individual in this position possesses
certification in Lifeguard Training, Lifeguard Training Instructor, First Aid, CPR/
Automated External Defibrillator, Water Safety Instructor, Aquatic Exercise
Instructor, and Aquatic Facility Operator.
DISCUSSION:
The individual in this position will be placed at Step A of the Non-Union General
Service Wage Schedule, Grade Ol . The current Non-Union salary schedule see
attached is calculated on a 5% separation: between grades, however, the
Agenda Item Review: City Administrato~~_~'",__. City Attorney ~ ti ~' _~~_~ Financ
125
Mayor and City Council
March 24, 2008
Page 2
proposed salary schedule for this new position will be 29% less than the current
Grade Ol salary range with Step A calculated at the current hourly rate for the
individual who will be filling this position. The Non-Union salary schedule currently
in effect lists a position of Administrative Assistant under Grade O1; however, this
position is not a funded position in the current year's budget. if approved, the
Non-Union salary schedule will be amended by eliminating the Administrative
Assistant position from the Grade Ol designation and will add the Aquatics
Coordinator in its place at a lower level of pay. With the change from part-time
to full-time status, the Aquatics Coordinator will be eligible for the various City
benefit programs outlined in the City's Personnel Policy manual. These changes
will become effective on April 1, 2008.
FINANCIAL IMPACT:
The total estimated financial impact to upgrade this position from part-time to
full-time for fiscal year 2007-08 is $b,l 12 ($3,380 in wages and $2,732 in benefits)
whereas annually the financial impact is estimated at $24,450 ($ i 3,519 in wages
and $10,931 in benefits). The position affected by this upgrade is included in the
General Fund and funding to support this upgrade for the remainder of this fiscal
year is include in the current year Aquatic Center budget appropriations.
Attachment
126
NGN-11NI0N GENERAL SERVICE EMPLQYEES EXHIBIT A"
EFFECT IVE: 4CT4BER 1, X007
GRADE STEP A STEP B STEP C ST
EP
p STEP E
~ ~
„~
01 Admn Assistant 3,035 3,187 3,346 3,513 3,601
~~ 3,187 3,346 3,514 3,690 3,782
03 Asst. Aquatic Mgr 3346 3,514 3,690 3,875 3,972
ExecutiveJLegal Assistant
Rec. Coord. I
04 Rec. Coord. it 3514 3,690 3,575 4,069 4,174
RSVP Program Caard
Information Systems Specialist
05 3,690 3,815 4,069 4,272 4,379
06 Records Supervisor 3,875 4,OG9 4,272 4,486 4,598
Water System Supervisor
Street & Sewer Line Maint Suprv
07 Mgmt Analyst II 4,069 4,272 4,486 4,710 4,828
Comm. Relations officer
08 Asst. WWTP Supt 4,272 4,486 4,710 4,946 5,070
Street 1 Maintenance Supt.
Senior Planner
09 Senior Engineering Tech. 4,48fi 4,710 4,946 5,193 5,323
Water Superintendent
10 Supervisory Engineering Tech. 4,110 4,946 5,193 5,453 5,589
11 t1V~WTP Superintendent 4,946 5,193 5,453 5,726 5,859
12 5,193 5,453 5, 726 6,012 6,163
13 Public Works Mgr. 5,453 5,726 6,412 6,313 6,470
Project Engineer
14 Asst. City Engineer 5,726 6,012 6,313 6,629 6,793
* FLAT RATE:
City Administrator 10,950
City Attorney 8,003
Public Works Director ~To be determined
Finance Director 7,725
Community Development Dir, 7,595
Community Services Dir. 7,382
Building Qfficial 7,105
City Recorder 6,911
Information Services Manager 5,629
Library Manager 4,646
Facilities & Aquatics Manager 4,646
Recreation Services Manager 4,646
Asst. City Attorney 5,192
Network Administrator 3,514
* Rates rounded to the nearest whale number
129
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION MODIFYING RESOLUTION 18b3 TO ESTABLISH EMPLOYEE
COMPENSATION FOR A1aUATICS COORDINATOR INCLUDING SALARY AND
BENEFITS.
WHEREAS, the City Counail has reviewed the pay plan and compensation
recommendation of the City Administrator; and
WHEREAS, the Council is obligated per Section 11 of the Woodburn City
Charter to establish compensation for each City officer and employee; and
WHEREAS, based on the City Administrator`s recommendation, the
Council wants to create a new full-time position of Aquatics Coordinator to
maintain necessary supervisory and training staff coverage for the benefit of
patrons utilizing the Aquatic Center Facility; and
WHEREAS, the City Council adapted Resolution 1863 on July 23, 2007
which established salary and benefits for Non-Union General Serviae Employees
and Non-Union Part-time and Limited Term/Temporary Employees, and
WHEREAS, it is necessary to modify the salary and benefit schedule
adopted by Resolution 1863 to include the Aquatics Coordinator position and
eliminate the Administrative Assistant from th'ss schedule, NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section i . Effective April 1, 2008, the position of Administrative Assistant be
deleteG from the Non-Union General Services Employees, Grade O1, salary
schedule adopted by Resolution 1863,
Section 2. Effective April 1, 2008, the Aquatics Coordinator position be
added to the Non-Union General Services Employees, Grade O1, salary schedule
at the following monthly pay levels:
Step A 52,146
Step B $2,253
Step C 52,36b
Step D $2,484
Ste p E $ 2, 54b
Page 1 - Council Bill No.
Resolution No.
127
Section 3. Resolution 1863 remain unchanged and in effect except as it is
specifically modified by this resolution,
Approved as to form:
--~. -~
~_ ~ ~ C-
Date
Approved:
Passed by the Council
City Attorney
Kathryn Figley, Mayor
Submifited to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant City Recorder
City of Woodburn, Oregon
Page 1 - Council Bill No.
Resolution No.
i2a
'~IOODBURN
A~~b- IXuw
March 20, 2008
TO: Honorable Mayor and City Council
FROM: John C. Brown, City Administrator"'
SUBJECT: Intergovernmental Agreement for CDBG Administrative Services
with the Mid-Willamette Valley Council of Governments
RECOMMENDATION:
It is recommended the City Council authorize the Interim City Administrator to
execute the attached Intergovernmental Agreement for CDBG Grant
Administration Services with the Mid-Willamette Valley Council of Governments.
BACKGROUND:
Last August, the City was awarded, and subsequently executed a grant
agreement with the Oregon Economic and Community Development
Department for a Community Development Block Grant {CDBG). The grant
consists of federal monies administered by the State of Oregon. It will provide
approximately $270,000 to replace sidewalks and curbs, landscaping, and
lighting on Front Street between Cleveland and Harrison Streets as part of the
Front Street Reconstruction and Widening project. The grant also provides
$30,000 to satisfy grant and program administration requirements, environmental
assessment, and labor standards compliance monitoring related to wages paid
for construction funded with Federal dollars. The City has recently participated
in two CDBG-funded projects, acting as apass-through for other agencies
building facilities in the City of Woodburn, the Cipriano Ferrel Education Center,
and Carroll Street water and wastewater improvements. Both of these grants
were administered by the Mid-Willamette valley Council of Governments
(COG), which has extensive experience successfully administering this kind of
grant.
DISCUSSION:
The City's CDBG application proposed to contract with the COG to administer
that grant's portion of Front Street improvement. Grant guidelines are stringent,
Agenda Item Review: City Administrator'"- " City A#torney
111
130
Honorable Mayor and City Council
March 20, 2008
Page 2
and time consuming for those who are inexperienced with their compliance.
Although City staff could administer these funds, it is highly unlikely that they
could do so as efficiently, as inexpensively, or as well as COG staff. The COG
was proposed as grant administrator for these reasons.
The services provided by the COG to the Cipriano Ferrel and Carroll Street
projects were obtained on the recipients' and Woodburn's behalf, through the
participation of the County of Marion. In order to obtain these services for its
own project, Woodburn must be a member of the COG, and execute an
intergovernmental agreement for grant services. An item to discuss COG
membership was addressed previously in this agenda. The attached
agreement represents the document necessary to obtain grant administration
services from the COG. Services will be provided at a cost not to exceed
$31,000.
FINANCIAL IMPACT:
$30,000 was budgeted in the grant application for COG services, based on an
estimate provided by the COG last summer, The not-to-exceed amount of
these services is currently estimated at $31,000. Expenses will be billed for only
those services actually used, up to the not-to-exceed amount. Project funds
can be used to support the additional $1,000 cost, if it is actua{!y incurred.
131
INTERGOVERNMENTAL AGREEMENT
This Agreement is made and entered into, by and between the Mid-Willamette Valley
Council of Governments ("COG"), a voluntary intergovernmental association created by
Charter and Agreement pursuant to ORS Chapter 190, and the City of Woodburn,
Oregon ("City"), an Oregon municipal corporation (collectively referred to as "Parties").
WHEREAS, the Mid-Willamette Valley Council of Governments (COG) and the
City of Woodburn (City), have long had interests in common; and
WHEREAS, City has been awarded a 2007 Oregon Community Development
Block Grant (Grant #P07023) for a downtown revitalization project; and
WHEREAS, City desires assistance with the administration of this Oregon
Community Development Block Grant and COG provides such service;
NOW, THEREFORE, inconsideration of the terms, conditions, compensation,
and performances contained herein, the Parties do mutually agree as follows:
1. Description of Work to be Provided by COG
COG shall provide grant administration services to the City in regard to
Community Development Block Grant #P07023 awarded by the Oregon
Economic and Community Development Department for the revitalization of
downtown Woodburn. Specifically, COG shall:
A. Research and prepare all documentation for the environmental review
record for activities funded by the Grant and prepare draft notices and
environmental findings forfinal City action.
B. Draft City resolutions and policies regarding excessive force, fair housing
and others as may be necessary and appropriate; assist City staff with the
establishment of record keeping and financial management systems for
the project; assist with completion of the Self-Evaluation Checklist
required by Section 504 of the Rehabilitation Act of 1973; and other
activities that may be necessary to get the project started and eligible to
receive funds.
C. Assist City as needed and as appropriate with procurement and contracting
activities related to this project.
D. Provide assistance to City with State of Oregon and U.S. Department of
Housing and Urban Development regulatory requirements that apply to
the expenditure of Oregon Community Development Grant funds,
including: review of all contracts for regulatory requirements, assist
IGA -MID-WILLAMETTE COUNCIL OF GOVERNMENTS
PAGE 1
X32
contractors and subcontractors with state and federal regulatory
compliance problems emanating from this project and maintain all of the
files and reports necessary to document City's compliance with the federal
and state requirements that apply to this project.
2.
E. Schedule and conduct the pre-construction conference.
F. Conduct on-site employee interviews and examine certified payroll
documents to document contractor and subcontractor compliance with
Federal labor provisions established by the Davis-Bacon Act and maintain
appropriate records of compliance with the Federal labor provisions on
this project.
G. Review all payment requests, prepare the necessary cash request forms
for signature by authorized City representatives, assist as needed with
financial record keeping and preparation of disbursement documents for
approval by City authorities, prepare all project progress reports that may
be required of City by the State of Oregon or the U.S. Department of
Housing and Urban Development, represent City at monitoring visits by
Oregon Economic & Community Development Department
representatives and help resolve any such monitoring findings, prepare
other necessary project documentation, and be available to meet with
City's auditor during the annual audit to answer project regulatory
compliance questions.
H. Prepare City completion reports and other documentation required for
closing out the Oregon Community Development Block Grant.
Method of Payment and Payment Schedule
COG agrees to submit written invoices in amounts indicated and it
with the following schedule for work described in Sections 1.B, 1.C,
and 1H above. City agrees to make full payment with project funds
receipt of each invoice upon COG's completion of the work.
~ accordance
1. D, 1. E, 1. G
upon proper
A. When all first-draw requirements have been met and the
first request for disbursement of grant funds is submitted.
B. When a contract with an architectural consultant is executed
C. When the construction contract is signed.
D. When construction is 50% completed.
E. When construction is substantially completed.
IGA -MID-WILLAMETTE COUNCIL OF GOVERNMENTS
$6, 000
$4, 000
$4, 000
$4, 000
$3, 000
PAGE 2
X33
F. Upon submission of grant close out reports. $3,000
S u btota I
$24,000
For work described in Section I.A. and I.F. above, COG shall submit
invoices for actual staff time on an hourly basis up to a maximum of $7,000.
Hourly charges shall not exceed $65 per hour for these activities.
Total Project Costs Not To Exceed
3. Conflict of Interest
$31, 000
No member, officer or employee of City, or its designees or agents, no member of
the Woodburn City Council and no other public official of City who exercises any
function or responsibility with respect to this project during his/her tenure or for one
year thereafter, shall have any interest, direct or indirect, in any contract or
subcontract, or the proceeds thereof, for work to be performed in connection with
the project assisted under the grant contract.
4. Access to Records
The City, Oregon Economic & Community Development Department of the State
of Oregon, the U.S. Department of Housing and Urban Development, the
Comptroller General of the United States, or any of their duly authorized
representatives, shall have access to any books, documents, papers and records
of COG which are directly pertinent to this specific contract, for the purpose of
making audit, examination, excerpts and transcriptions. All required records shall
be maintained by COG for three years after grantee makes final payments and all
pending matters are closed.
5. Independent Contractor Status
COG is engaged as an independent contractor of City and is not entitled to and
waives all claims for any workers compensation coverage afforded by City to its
employees. COG acknowledges and agrees to comply with all statutes and
regulations of the US Treasury Department, Internal Revenue Service, and the
Oregon Department of Revenue, to maintain COG's independent contractor
status.
6. Workers' Compensation.
If COG employs any person, whether or not such employee will be performing
any work on or related to this Agreement, and whether or not such person
resides in or will perform work in the State of Oregon, COG is a "subject
employer" and must comply with ORS 656.017, requiring maintenance of
workers' compensation coverage as aself-insured or carrier-insured employer.
IGA -MID-WILLAMETTE COUNCIL OF GOVERNMENTS
PAGE 3
X34
Maintenance of a workers' compensation through astate-operated fund or
program of a state other than Oregon does not comply with this requirement.
7. Indemnification
COG agrees to indemnify, defend and hold harmless City, its officers, employees
and agents from any and all claims, suits, and legal actions including appeals
arising out of or in connection with COG's performance of work or work product
under this Agreement; provided, however, that COG shall have no obligation with
respect to any such claim, demand, suit or legal action which arises out of or in
connection with decisions made by City concerning structure, standards, or
operational requirements of the program, or in connection with work product
which has been modified without COG's authorization, or which has been used
contrary to COG's instructions.
8. Insurance
COG shall maintain in force, at its own expense, workers' compensation
insurance in compliance with ORS 656.017. COG shall obtain and maintain in
effect during the term of this Agreement a policy or policies of liability insurance
including comprehensive liability, personal injury, product/completed operations,
and contractual liability coverages Such policy or policies shall provide "first
dollar' coverage to combined single limits of not less than the amounts provided
under the Oregon Tort Claims Act, which shall include contractual liability
coverage forthe indemnity provided under the Agreement. All such policies shall
name as additional insured City of Woodburn, its officers, employees and agents.
COG shall provide to City continuing proof of such insurance in the form of a
certificate of insurance.
9. Nondiscrimination
COG will comply with all applicable federal, state, aril local laws, rules and
regulations on nondiscrimination in employment because of race, color, ancestry,
national origin, religion, sex, marital status, age, medical condition, or disability.
10. Compliance with All Laws
The Parties shall at all times observe and comply with all applicable laws,
ordinances, rules, regulations and executive orders of the federal, state and local
government now existing or hereinafter in effect, which may in any manner affect
the performance of the Agreement, including, without limitation, the provisions of
ORS 2796 220, ORS 2796.225, ORS 2796.230, and ORS 2796.235, which by
this reference are made a part hereof.
IGA -MID-WILLAMETTE COUNCIL OF GOVERNMENTS
PAGE 4
X35
11. Governing Lawand Venue
This Agreement will be governed by and construed in accordance with the law of
Oregon without regard to its choice of law provisions. The Parties hereby submit
to jurisdiction in Marion County, Oregon and agree that any and all disputes
arising out of or related to this Agreement shall be litigated exclusively in the
Circuit Court for Marion County.
12. Attorney Fees
In the event a lawsuit of any kind is instituted on behalf of either party to collect
any payment due under this Agreement or to obtain performance of any kind
under this Agreement, the losing party will pay such additional sums as the court
may adjudge for reasonable attorney fees and will pay all costs and
disbursements associated with the lawsuit.
13. Notices
Except as otherwise expressly provided in this Agreement, any communications
between the Parties or required notice will be given in writing by personal
delivery, facsimile, or mailing the same, postage prepaid to COG or to City.
14. Severability
If any provision of this Agreement is held invalid or unenforceable by any court of
competent jurisdiction, such holding will not invalidate or render unenforceable
any other provision.
15. Amendments
All amendments which are mutually agreed upon by and between the Parties to
this Agreement shall be reduced to writing and executed with the same
formalities as this Agreement.
16. Entire Agreement
This Agreement constitutes the entire agreement between the Parties and
supercedes all prior or contemporaneous oral or written representations or
agreements.
17. Termination
This Agreement may be suspended or terminated in accordance with 24 CFR
85.43, if COG materially fails to comply with any term of the Agreement. This
Agreement may also be terminated for convenience upon written notification by
either party with a minimum notice of 30 calendar days. In the event of termination
IGA -MID-WILLAMETTE COUNCIL OF GOVERNMENTS
PAGE 5
X36
for convenience, COG shall be due payment for all work completed by the time of
termination.
18. Source of Funds
Work under this Agreement will be funded in its entirety with federal grant funds
from the Oregon Community Development Block Grant program and a
contribution of local government funds as specified in the project budget.
I N WITN ESS WHEREOF, the Parties hereto have executed this Ag reement to be
signed in their respective names by their duly authorized representatives.
City OF WOODBURN:
By:
Scott Russell
Title:
Interim City Administrator
Date:
IGA -MID-WILLAMETTE COUNCIL OF GOVERNMENTS
MID-WILLAMETTE VALLEY COUNCIL
OF GOVERNMENTS:
By:
Nancy J. Boyer
Title:
Executive Director
Date:
PAGE 6
X37
11J
. ~~.
~TOt3DBURj~j
..,„~,
March 24, 2008
TO: Honorable Mayor and City Council through City Administrator
VIA: Dan Brown, Public Works Director
FROM: Randy Rohman, Public Works Program Manager
SUBJECT: Agreement for Property Rental at Wastewater Treatment Plant
RECOMMENDATION:
By motion authorize the Interim City Administrator to enter into an agreement
with the Oregon John Deere Museum Foundation to rent property at the
Wastewater Treatment Plant to conduct a grain farming operation.
BAGKGROUND:
The City purchased approximately 92 acres of property to the east of the
Wastewater Treatment Plant in 2004. 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 for 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 on the property is used for 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
Oregon registered 501-C3 non profit organization. All labor, equipment and
materials for the farming operation would be donated and funds raised would
be utilized for a planned future John Deere Museum.
Agenda Item Review
city
City Attorney ~ "_« ~ Fina
138
Honorable Mayor and City Council
March 24, 2008
Page 2
DISCUSSION:
The treatment plant currently must maintain the property that would be used far
the farming operation. It is proposed that approximately 20 acres of the
property would be utilized for the farming operation. It is not known at this time
when specifically the property will be needed. The facility planning process now
underway will provide that information.
The wastewater plant expended about $1,100 to disc this portion of the property
in 2006 and subsequently about 40 to 60 hours per year has been spent on
spraying and mowing the property. The farming operation would allow these
man-hours 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 the
rental agreement will be for a six month term for this summer and then annual
terms after that time. The proposed rental agreement has the Oregon John
Deere Museum Foundation paying some rent for each acre of property that
they farm.
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 is recommending that the City Administrator
be authorized to sign the agreement.
FINANCIAL IMPACT:
There will be no significant impact. Effort spend on the property maintenance
will be focused on other areas of plant operation.
139
SITE LEASE AGREEMENT
1.
2.
3.
This SITE LEASE AGREEMENT ("Lease") is entered into this day of
2008 by and between the CITY OF WOODBURN, a municipal
corporation (hereinafter referred to as "CITY"), and Oregon John Deere Museum
Foundation, a charitable organization incorporated under the laws of the State of
Oregon, (hereinafter referred to as "TENANT"}.
PREMISES
Subject to the following terms and conditions, CITY hereby leases to TENANT,
and TENANT hereby lease from CITY exclusive use of a portion of the real
property (the "Premises"} described in the attached Exhibit A. TENANT'S use of
the Premises shall be limited to that portion of the Premises identified by the City
prior to commencement date of the initial or renewal terms of the lease.
TERM OF LEASE
The initial term of the Lease shall be six (six months), commencing the 15t"day of
March 2008 ("Commencement Date"} and terminating the14th day of September
2009. TENANT shall have the option to renew this lease for up to three additional
one (1}year terms ("Renewal Term"} upon the terms and conditions contained
herein. The first "Renewal Term" will commence on the15th day of September
2008 and terminate the 14t"day of September 2009. This Lease shall
automatically renew for each successive Renewal Term unless any party notifies
all others, in writing, of that party's intention not to renew this Lease, at least 90
days prior to the expiration of the term or any Renewal Term.
USE OF PREMISES
with the existing use by the CITY. TENANT shall be solely responsible for the
timely resolution of all interference concerns that are directly attributable to
TENANT use.
A. Interference. TENANT shall not use the Premises in any way that interferes
B. Use. TENANT shall, at their own expense conduct a grain farming operation
on the Premises.. No other use shall be made of the Premises without prior
written approval by C ITY.
C. Compliance with law. TENANTS shall comply with all laws applicable to its
use of the Premises including, but not limited to, county zoning and use
restrictions and Federal and State regulations.
X40
4. RENT
Upon the Commencement Date, TENANT shall pay CITY, as rent, the sum of 15
Dollars ($15.00) per acre tilled and harvested ("Rent"). Rent shall be payable prior
to work commencing on the property each year to the CITY OF WOODBURN, at
CITY's address specified below.
5. INDEMNIFICATION
TENANT shall release, indemnify, defend, and hold harmless CITY and its officers,
agents, and employees from and against all liability, claims, costs, and expenses
for any and all injuries, deaths, losses or damages arising out of or relating to any
activity of TENANT and their staff and agents, on the premises. TENANT, as a
material part of the consideration to CITY, hereby assumes all risk of damage to
property or injury to persons in, upon, or about the Premises from any cause other
than CITY's negligence or willful acts, and TENANT waives all claims in respect
thereof against CITY.
6. LIABILITY INSURANCE
TENANT shall maintain public liability and property damage insurance naming
CITY as an "Additional Insured", with liability limits of not less than $1,000,000 for
all claims per occurrence. TENANT shall maintain continuous, uninterrupted
coverage for the duration of the Lease. The insurance policy shall provide that the
insurance shall not terminate or be canceled unless thirty (30) days written notice
is first given to CITY. TENANT shall provide to CITY a certificate of said insurance
at least 10 days priorto entering the premises.
7. RIGHT OF ENTRYAND INSPECTION
CITY may enter and inspect said premises at any time without notice.
8. TERMINATION
Except as otherwise provided herein, this Lease may be terminated, without any
penalty orfurther liability as follows:
A. If TENANT defaults in fulfilling any obligation or term of this Lease and fails
to correct such default or commence substantial correction of such default
within thirty (30) days after written notice from CITY;
141
B. Upon ninety (90) days after written notice by TENANT, if they are unable to
obtain, maintain, or otherwise conduct farming operations on the property;
C. Upon one hundred twenty (120) days after written notice by CITY, if at any
time CITY finds it is in CITY's best interest to terminate this Lease; provided
that TENANT is given a reasonable opportunity, within said 120 days, to be
heard subject to the following process: (1) TENANT shall meet with CITY
staff and then, if necessary, (2) TENANT shall be provided an opportunity
to address the Woodburn City Council;
D. After the first six-month term of this Lease, or after any Renewal Term,
upon ninety (90) days after written notice by CITY.
9.
10.
NOTICE
Any written notice required under this Lease shall be deemed given if personally
delivered or delivered by deposit in the United States Postal Service, postage
prepaid, return receipt requested, Notices shall be addressed to:
Dan Brown
Public Works Director
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
NONWAIVER
Chuck Franz
President
Oregon John Deere Museum Foundation
1141 W Ellendale
Dallas, OR 97338
Failure by any party at any time to require performance by the other of this Lease
shall in no way affect that party's right to enforce any lease provisions; nor shall
any waiver of any breach be held to be a waiver of any succeeding breach or a
waiver of this non-waiver clause.
11. ASSIGNMENTISUBLEASE
TENANTS shall not assign or sublease the premises to any individual or
organization without prior written consent of CITY.
X42
12. ENTIRE CONTRACT
This Lease Agreement contains and represents the entire agreement between the
parties relating to the transactions contemplated hereby and all prior or
contemporaneous agreements, understandings, representations and statements,
oral or written, are merged herein.
13. AUTHORITY TO CONTRACT
TENANT represents and warrants that the individuals executing this agreement
on behalf of said corporations are authorized in accordance with a duly adopted
resolution of the Board of Directors or in accordance with the bylaws of said
corporation. TENANT shall deliver a copy, within 10 days of date of this
agreement, of a resolution of the Board of Directors of said corporation authorizing
or ratifying the execution of this agreement to the City Recorder, City of Woodburn,
270 Montgomery Street, Woodburn, OR 97071.
IN WITNESS WHEREOF, the parties have executed this agreement on the day and
date first above written.
CITY OF WOODBURN
Scott D. Russell
Interim City Administrator
OREGON JOHN DEERE
MUSEUM FOUNDATION
Chuck Franz
President
X43
11K
'~ ODBUR,j~
., .
March 24, 2008
TO: Honorable Mayor and City Council
FROM: John C. Brown, City Administrator
SUBJECT: Appointment of In#erim City Administrator
RECOMMENDATION:
~~
It is recommended the City Council appoint Police Chief Scott Russell as Interim
City Administrator for an indeterminate period.
BACKGROUND:
Due to my resignation, an Interim City Administrator needs to be appointed. The
Council has begun the process to acquire a new Administrator. In February, an
RFP was sent to seven recruiting firms. Five firms responded and three are being
interviewed. All firms have included in their proposals services for providing an
Interim City Administrator. This appointment can be terminated or continued, as
appropriate, when the Council makes its decision on using a recruiting firm to
acquire an Interim City Administrator.
FINANCIAL IMPACT:
1t is recommended that, initially, the Police Chief receive a ten percent salary
increase associated with interim administrator duties.
Agenda Iter?~ Review: City Ad
CityAttorney~. ~"~ ~ Financ
144
13A
OODBUR
~1V N
March 24, 2008
TO: Honorable Mayor and City Council through City Administrator
V1A: Jim Allen, Community Development Director
FROM: Don Dolenc, Associate Planner
SUBJECT: Community Development Director's Approval of case EXCP 2008-
02, Located at 987 Lawson Avenue
RECOMMENDATION:
No action is recommended. This item is placed before the Council for
information purposes in compliance with the Woodburn Development
Ordinance. The Council may call up this i#em for review if it desires.
BACKGROUND:
Design Review DR 2007-I 1, fora 260 square foot drive-through espresso stand,
was approved with conditions on December 4, 2007. As a condition of
approval, reconstruction of Lawson Avenue to the standards of the Woodburn
Transportation System Plan or the obtaining of a street exception was required.
The applicant requested a Type II Exception to Street Right-of-Way and
Improvements as a means of satisfying the Design Review condition of approval.
DISCUSSION:
None.
FINANCIAL IMPACT:
This decision is anticipated to have no public sector financial impact.
Agenda Item Review: Ciiy Administrator
City Attorney
145
~"...~ ,~
~]~IOODBURj\J
i~
March 24, 2008
TO: Honorable Mayor and City Council through City Administrator
VIA: Jim Allen, Community Development Director
FROM: Don Dolenc, Associate Planner
SUBJECT: Planning Commission's Approval of Design Review 2007-12,
Variance 2007-07, and Exception 2007-08, Located at 845 East
Lincoln Street
RECOMMENDATION:
No action is recommended. This item is placed before the Council for
information purposes in compliance with the Woodburn Development
Ordinance. The Council may call up this item for review if it desires.
BACKGROUND:
The applicant requested a design review for a 15-unit multiple-family
development, a variance from WDO 2.104.Ob.B and Table 2.1.5 (which limits
density in the RM zone to 1 b dwelling units per acrej, and an exception to street
right-of-way and improvements on Easf Lincoln Street.
DISCUSSION:
Woodburn Development Ordinance 4.102.09.A.1 provides that an ambiguous
term in the WDO may be interpreted in the final decision of any Type Ili
application. The Planning Commission found that the term "common areas" in
WDO 3.1 Ob.03.D is ambiguous. For the purposes of this decision, the Commission
adopted the interpretation that "corr~mon area" is distinct from "common open
space" and does not include the yard setbacks.
FINANCIAL IMPACT:
This decision is anticipated to have no public sector financial impact.
Agenda Item Review: City Administrator
~ ~~ City Attorney ~ ~~`'
146
Finan
136
13C
`1~TOODBUR~ ~~'~'`'"
March 24, 2008
TO: Honorable Mayor and City Council through City Administrator
VIA: Jim Allen, Community Development Director
FROM: Natalie Labossiere, Senior Planner
SUBJECT: Planning Commission's Approval of Design Review 2007-13, Loca#ed
a# 1755 Mt. Hood Avenue
RECOMMENDATION:
Na action is recommended. This item is placed before the Council for
information purposes in compliance with the Woodburn Development
Ordinance. The Council may call up this item for review if it desires.
BACKGROUND:
The subject property is zoned Commercial General (CG) and is designated
Commercial on the Comprehensive Land Use Plan Map for the City of
Woodburn. The site is approximately 0.53 acres and is currently used for parking
spaces for the Mid-Valley Plaza.
The applicant requests a Type III Design Review for the construction of a new
fast food and drive-through restaurant to be located in the parking lot of the
Mid-Valley Plaza Mall.
The Planning Commission approved the Type III Design Review application,
subject to the conditions of approval on March 13, 2008.
FINANCIAL IMPACT:
This decision is anticipated to have no public sector financial impact.
Agenda iten~~ Review: City Admir~istrat _ _ City Attorney .. ~` __ Fin
147
13D
~~ ` ~~
X00 BUR~j
March 24, 2008
TO: Honorable Mayor and City Council through City Administrator
VIA: Jim Allen, Community Development Director
FROM: Don Dolenc, Associate Planner
SUBJECT: Community Development Director's Approval of Zoning Adjustment
2008-02, Located at 1275 Cooley Road
RECOMMENDATION:
No action is recommended. This item is placed before the Council for
information purposes in compliance with the Woodburn Development
Ordinance. The Council may call up this item for review if it desires.
BACKGROUND:
The applicant requested a Type II Zoning Adjustment to a{low a proposed single-
family dwelling in the Single Family Residential (RS) zone to encroach into the
rear yard setback. The proposed construction would extend to l b feet from the
rear lot line. The minimum allowed by right in the RS zone is an average of 24
feet, with no point measuring less than S feet from the average dimension.
DISCUSSION:
None.
FINANCIAL IMPACT:
This decision is anticipated to have no public sector financial impact.
Agenda Item Review: City Administrator City Attorney_._~ Fi
ias
COUNCIL BILL NO. 2702
ORDINANCE NO. 2431
AN ORDINANCE LEVYING ASSESSMENTS FOR THE IMPROVEMENT 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 Distric# 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 for the 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 NO. 2702
ORDINANCE NO. 2431
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 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 1 S 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 date when payment was received by the City.
Page 2 -COUNCIL BILL NO. 2702
ORDINANCE NO. 2431
Approved as to form:
City Attorney
APPROV
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
March 12, 2008
March 12, 2008
Filed in the Office of the Recorder March 12, 2008
ATTEST:
Mary Te ant, City Recorder
City of Woodburn, Oregon
Page 3 -COUNCIL BILL NO. 2702
ORDINANCE NO. 2431
March 10, 2008
EXHIBIT "A"
WEST LINCOLN LOCAL IMPROVEMENT DISTRICT
ASSESSMENT ROLL
{NOTE: ,Denotes tax lot or names, which have been
modified since the adoption of the original ordinance}
~ i~MnniGiFn PRC'1PFRTIES
Map/Tax Lot Numbers Owner Assessment
Amount
051W07CB09000 Zamora, Jose de Jesus & Aida $2,768.32
051 W07CB09100 Torres, Leonardo 8~ Silva Ascensio $4,773.23
051W070004700 Oswell, James C
& Shelb M K $9,491.94
052W12DD00100 Kielin ,Dean & Tan a $9,491.94
052W12DD00500 Western Sa a Mana ement Inc. $13,273.61
051W07CB09300 Marion Count Housin Authorit $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
Ori final Tax Lot and Final Assessment Amount
Assessment
Ma Tax Lot Number Pro ert Owner Amount
New Map Tax Lots within Original Proportional
Final
Assessment
Amount
051W07CB08400 Kaszubowski, Edmund $1,898.39
051W07CB08401 Guzman, Ostiano $1,898.39
051W07C608402 Garcia, Cesar $1,898.39
051W07CB08403 Kaszubowski, Michal $1,898.39
051W07C608404 Kaszubowski, Edmund $1,898.39
Page 4 -COUNCIL BILL NO. 2702
ORDINANCE NO. 2431
Original Tax Lot and Final Assessment Amount Assessment
Amount
New Map Tax Lots within Original Proportional
Final
Assessment
Amount
051W07CB11400 Lindle ,Ronald W. & Christine L $1,848.39
051W07CB11500 Winz, Michele W & Charlotte D $1,848.39
051W07CB11600 Zubkov, Sere & Veniamin $1,848.39
051W07CB11700 Castro, Lorraine J & Scott E $1,848.39
051W07CB11800 Nikiforoff, Zina F & Geor i L. $'!,848.39
051W07CB11900 Pearson, Ruth $1,848.39
051W07CB12000 Lee, David Kook Lim & M un Sook $1,848.39
051W07C612100 Levko, Vadim &Levko, Marina &Levko,
Ludmila & Grechko, Alexandr $1,848.39
051W07C612200 Trevillian, Ja R. & Kin , Julie A $1,848.39
051W07CB12300 Erma, Manette Janelle & Re Holds, 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 8~ Zina K Tre $1,898.39
051W07CB08604 Shevchenko, Ben A &Zina K, JRLT &
Shevchenko, Ben A 8~ Zina K Tre $1,898.39
Page 5 -COUNCIL BILL NO. 2702
ORDINANCE NO. 2431
Original Tax Lot and Finai Assessment Amount Assessment
Amount
New Map Tax Lots within Original Proportional
Final
Assessment
Amount
052W12DA03900 Brandow, Darwin & Doroth $1,848.39
052W12DA04000 McGre or, Yenka $1,848.39
052W12DA04100 Ortega, Jose & Maria & Ortega, Jesus and
Calderon, Jose Guadalu e $1,848.39
052W12DA04200 Garcia, Maria & Gabriel C $1,848.39
052W12DA04300 Mau han, Leticia E & John R $1,848.39
052W12DA04400 Hutchinson, Bradle $1,848.39
052W12DA04500 Moreno, Marcos Moran & Villalvazo, Adriana
Moran $1,848.39
052W12DA04600 Andrade, Jose Luis & Janet $1,848.39
052W12DA04700 Conwa , Christo her Q & Lisa M $1,848.39
052W12DA04800 Villanueva, David & Cortes, Nanc $1,848.39
Original Tax Lot and Final Assessment Amount Assessment
Amount
i
QQ ((''~~
QQ ~~__ ~~_~~~~~~
New Map Tax Lots within Original Proportional
Final
Assessment
Amount
051W07CC14100 Silva Herculano & Arro o, Marisol Lo ez $2,033.99
051W07CC14200 Ramirez, Manuel & Maria D $2,033.99
051W07CC14300 Hatcher, Janet E $2,033.99
051W07CC14400 Mus rove, Alfred C & Anne E $2,033.99
051W07CC14500 Boru, Clement & Tan a $2,033.99
051W07CC14600 Amaral, Isaac $2,033.99
051W07CC14700 Bielenber , Rachael C $2,033.99
051W07CC14800 Rosera, William Jonathan $2,033.99
051W07CC14900 Gei er, Kimberl & Matthew $2,033.99
051W07CC15000 Vac as, Ma Elena & Torres, Pedro $2,033.99
051W07CC15100 Krieske, Eric 8~ Marina F $2,033.99
051W07CC15200 Rosera RLT &Rosera, Charles J Tre &
Deborah A Tre $2,033.99
051W07CC15300 Kirwan, Kevin B 8~ Nicole C $2,033.99
051 W07CC 15400 Funston, Gene S & Helen J $2,033.99
TOTAL $125,362.86
Page 6 -COUNCIL BILL NO. 2702
ORDINANCE NO. 2431
COUNCIL BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE 2431 (THE WEST LINCOLN ST. FINAL ASSESSMENT
ORDINANCE) TO ADD A CORRECTED ASSESSMENT ROLL AND DECLARING AN EMERGENCY
WHEREAS, the City enacted Ordinance 2431 (the West Lincoln Street Final Assessment
Ordinance) and
WHEREAS, that ordinance levied a total arnount of $125,362,86 for the improvement of
West Lincoln Street between Cascade Drive and Leasure Street; and
WHEREAS, due to a clerical error, it is necessary to amend Ordinance 2431 to add a
corrected assessment roll before Ordinance 2431 goes into effect; and
WHEREAS, addition of the corrected assessment roll does not change the amount
levied or otherwise compromise the assessment process; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Ordinance 2431 is hereby amended to delete EXHIBIT "A", WEST
LINCOLN LOCAL IMPROVEMENT DISTRICT ASSESSMENT ROLL, and replace it with EXHIBIT
"A", CORRECTED WEST LINCOLN LOCAL IMPROVEMENT DISTRICT ASSESSMENT ROLL,
which is attached to this ordinance and incorporated herein,
Section 2. This ordinance being necessary for the immediate preservation of
the public peace, health and safety (because for administration on the local
improvement district process it is important that Ordinance 2431 be amended before it
takes effect) an emergency is declared to exist and this Ordinance shall take effect
immediately upon passage by the Coun/cil~and~approval by the May r.
Approved as to form; ~•~ ~`~'---•-~ ~ ~ !`~- 12~ ~
City Attorney Date
Approved:
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
Kathryn Figley, Mayor
Page 1 - COUNCIL BILL NO.
ORDINANCE NO.
EXHIBIT "A"
WEST LINCOLN LOCAL IMPROVEMENT DISTRICT
ASSESSMENT ROLL
(NOTE: ~~° '~~T~°^"^~, Denotes tax lot or names, which have been
modified since the adoption of the original ordinance)
UNMODIFIED PROPERTIES
Map/Tax Lot Numbers Owner Assessment
Amount
051 W07CB09000 Zamora, Jose de Jesus & Aida $2,828.71
051W07CB09100 Torres, Leonardo & Silva Ascensio $4,887.04
051 W070004700 Oswell, James C
& Shelby M K $9,731.44
052W 12DD00100 Kielin ,Dean & Tan a $9,020.30 i
052W12DD00500 Western Sa a Mana ement Inc. $13,627.16
051W07CB09300 Marion Count Housin Authorit $1,185.23
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
Ori final Tax Lot and Final Assessment Amount
Assessment
Map Tax Lot Number Property Owner Amount
New Map Tax Lots within Original Proportional
Final
Assessment
Amount
051W07CB08400 Kaszubowski, Edmund $1,946.29
051 W07CB08401 Guzman, Ostiano $1,946.29
051 W07CB08402 Garcia, Cesar $1,946.29
051 W07CB08403 Hansen, Richard & Donnell Lisa $1,946.29
051W07CB08404 Kaszubowski, Edmund $1,946.29
Original Tax Lot and Final Assessment Amount Assessment
Amount
New Map Tax Lots within Original Proportional
Final
Assessment
Amount
051W07CB11400 Lindle ,Ronald W. & Christine L $1,846.28
051 W07CB11500 Winz, Michele W & Charlotte D $1,846.28
051W07CB11600 Zubkov, Sere & Veniamin $1,846.28
051W07CB11700 Castro, Lorraine J & Scott E $1,846.28
051W07CB11800 Nikiforoff, Zina F & Geor i L. $1,846.28
051W07CB11900 Pearson, Ruth $1,846.28
051 W07C612000 Lee, David Kook Lim & M un Sook $1,846.28
051 W07CB12100 Levko, Vadim &Levko, Marina &Levko,
Ludmila & Grechko, Alexandr $1,846.28
051 W07CB12200 Trevillian, Ja R. & Kin , Julie A $1,846.28
051W07CB12300 Erma, Manette Janelle & Re Holds, Linda G. $1,846.28
Original Tax Lot and Final Assessment Amount Assessment
Amount
New Map Tax Lots within Original Proportional
Final
Assessment
Amount
051 W07CB08600 Shevchenko, Ben A &Zina K, JRLT &
Shevchenko, Ben A & Zina K Tre $1,946.29
051 W07CB08601 Shevchenko, Ben A &Zina K, JRLT &
Shevchenko, Ben A & Zina K Tre $1,946.29
051W07CB08602 Shevchenko, Ben A &Zina K, JRLT &
Shevchenko, Ben A & Zina K Tre $1,946.29
051W07CB08603 Shevchenko, Ben A &Zina K, JRLT &
Shevchenko, Ben A & Zina K Tre $1,946.29
051W07CB08604 Shevchenko, Ben A &Zina K, JRLT &
Shevchenko, Ben A & Zina K Tre $1,946.29
Original Tax Lot and Final Assessment Amount Assessment
Amount
New Map Tax Lots within Original Proportional
Final
Assessment
Amount
052W12DA03900 Brandow, Darwin & Dorothy $1,846.29
052W12DA04000 McGre or, Yenka $1,846.29
052W12DA04100 Ortega, Jose & Maria & Ortega, Jesus and
Calderon, Jose Guadalu e $1,846.29
052W12DA04200 Garcia, Maria & Gabriel C $1,846.29
052W12DA04300 Mau han, Leticia E & John R $1,846.29
052W12DA04400 Hutchinson, Bradle $1,846.29
052W12DA04500 Moreno, Marcos Moran & Villalvazo, Adriana
Moran $1,846.29
052W12DA04600 Andrade, Jose Luis & Janet $1,846.29
052W12DA04700 Conwa , Christo her Q & Lisa M $1,846.29
052W12DA04800 Villanueva, David & Cortes, Nanc $1,846.29
Original Tax Lot and Final Assessment Amount Assessment
Amount
e
New Map Tax Lots within Original Proportional
Final
Assessment
Amount
051 W07CC14100 Silva Herculano & Arro o, Marisol Lo ez $1,978.17
051W07CC14200 Ramirez, Manuel & Maria D $1,978.17
051 W07CC14300 Hatcher, Janet E $1,978.17
051 W07CC14400 Mus rove, Alfred C & Anne E $1,978.17
051W07CC14500 Boru, Clement & Tan a $1,978.17
051W07CC14600 Amaral, Isaac $1,978.17
051 W07CC14700 Bielenber , Rachael C $1,978.17
051 W07CC14800 Rosera, William Jonathan $1,978.17
051 W07CC14900 Gei er, Kimberl & Matthew $1,978.17
051 W07CC15000 Var as, Ma Elena & Torres, Pedro $1,978.17
051W07CC15100 Krieske, Eric & Marina F $1,978.17
051 W07CC15200 Rosera RLT &Rosera, Charles J Tre &
Deborah A Tre $1,978.17
051W07CC15300 Kirwan, Kevin B & Nicole C $1,978.17
051 W07CC15400 Funston, Gene S & Helen J $1,978.17
TOTAL $125,362.86
'--mss
e r"`.~, r
OODBUR ~~'~~
W N
t,,.~r~~_,,..r,, r;;a
March 24, 2008
TO: Honorable Mayor and City Council through City Administrator
FROM: Jim Row, Community Services Director
SUBJECT: Oregon State Parks Local Government Grant Applications
RECOMMENDATION:
Adopt the resolution authorizing the City of Woodburn's Community Services
Department to apply for a Grant through Oregon State Park's Local
Government Grant Program to complete Centennial Park.
BACKGROUND:
The Community Services Department, working through the Recreation and Park
Board, has identified the need to complete the improvements at Centennial
Park. The development of Centennial Park has been in process for many years
and the Department is seeking outside funding in an effort to complete it as
planned. This project meets the funding criteria for the State's Local
Government Grant Program. The program requires a 400 local match, which
can include cash, contributions of materials, and volunteer labor. Oregon State
Parks requires that the City Council approve a resolution supporting the grant
application.
DISCUSSION:
The City Council lists the completion of Centennial Park as an adopted 2007-
2009 goal. The Recreation and Park Board considers completing Centennial
Park to be their second highest priority park development project, immediately
following the annual playground replacement initiative.
Applications are currently being accepted for Oregon State Park's Local
Government Grant Program. If funded, the Community Services Department will
complete the fourth ball field, install sports field lighting, and construct a
concessions building, outdoor basketball court, and picnic shelter.
Agenda Item Review: City Administrator City Attorney l,~~f~ Financ
Honorable Mayor and City Council
March 24, 2008
Page 2
The Mid-Valley Baseball Association is collaborating with the Community
Services Department in seeking additional sources of funding for this project.
Many additional grant sources have been identified - a significant number of
which require the Association's 501 (c) (3) status.
FINANCIAL IMPACT:
This grant program requires a 40~o match. The Community Services Department
is currently in the process of developing a budget for this project and will request
grant funding in the amount of 60% of total project costs. The City's share of
matching funds will be provided through Parks SDCs, in-kind labor, and other
grants sought in partnership with the Mid-Valley Baseball Association.
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE DEPARTMENT OF COMMUNITY SERVICES
TO APPLY FOR LOCAL GOVERNMENT GRANTS FROM THE OREGON PARKS AND
RECREATION DEPARTMENT FOR THE FINAL PHASE OF DEVELOPMENT AT
CENTENNIAL PARK AND DELEGATING AUTHORITY TO THE DIRECTOR OF
COMMUNITY SERVICES TO SIGN THE APPLICATION.
WHEREAS, the Oregon Parks and Recreation department is accepting
applications for the Local Government Grant Program; and
WHEREAS, the Department of Community Services desires to participate in
this grant program to the greatest extent possible as a means of providing
needed parks and recreation improvements and enhancements; and
WHEREAS, the Recreation and Park Board, Budget Committee, City
Council, local youth sports associations, and staff have identified the completion
of Centennial Park as high priority needs in Woodburn; and
WHEREAS, City residents will benefit from the completion of the sports
complex at Centennial Park; and
WHEREAS, the applicant hereby certifies that the matching share for this
application is readily available in the Parks SDC and General Fund budgets at
this time; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn's Community Services Department
be authorized to apply for Local Government Grants from the Oregon Parks and
Recreation Department for Centennial Park project as specifie above. Q
Approved as to form: ~~ ~~~~~ ~ 2~ 2 ~~`'~ U
City Attorney Dat
Approved:
Kathryn Figley, Mayor
Page 1 -COUNCIL BILL NO.
RESOLUTION NO.
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant City Recorder
City of Woodburn, Oregon
Page 2 -COUNCIL BILL NO.
RESOLUTION NO.