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Agenda - 03/09/2009CITY OF WOODBURN KATHRYNFIGLEY,MAYOR DICK PUGH, COUNCILOR WARD 1 J. MEL SCHMIDT, COUNCILOR WARD II CITY COUNCIL AGENDA PETER MCCALLUM, COUNCILOR WARD III .JAMES COX, COUNCILOR WARD IV FRANK LONERGAN, COUNCILOR WARD V e MARCH 9, 2OO 7 ~ 7.00 P.M. KRISTEN BERKEY, COUNCILOR WARD VI CITY HALL COUNCIL CHAMBERS - Z7O MONTGOMERY STREET 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: None Appointments: None 4. PROCLAMATIONS/PRESENTATIONS Proclamations: None Presentations: A. Downtown Development Project Update- Jim Hendryx B. Aware Food Bank -Mike Riggan with MacLaren 5. COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn School District 6. COMMUNICATIONS None. 7. BUSINESS FROM THE PUBLIC -This allows the public to introduce items for Council consideration not already scheduled on the agenda. •'Habrd interpretes aisponibfes Para aqueltas yJersonas que no hab[an Ing~es, previo acuerc~o. Comxniquese al (503198o-2485... March 9, 2009 Council Agenda Page i 8. CONSENT AGENDA -Items listed on the consent agenda are considered routine and may be adopted by one motion. Any item may be removed for discussion at the request of a Council membe22~~r. A. Woodburn City Council minutes of February'', 2009. Recommended Action: Approve the minutes. 9. TABLED BUSINESS None. 10. PUBLIC HEARINGS None. 11. GENERAL BUSINESS -Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the City Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral prerogative. A. Council Bill No. 2765 - A Resolution Authorizing the Department 11 of Community Services to Apply for local Government Grants from the Oregon Parks and Recreation Department for the Finai Phase of Development at Centennial Park and Delegating Authority to the Direction of Community Services to Stgn the Application. Recommended Action: Adopt the Resolution. B. 270 Marshall Street Property Purchase 14 Recommended Action: Authorize the City Administrator to enter into a sale agreement and accept a deed from Edna Seely to property located at 270 Marshall Street. C. Liquor License Change of Ownership Full On-Premise Sales 19 Recommended Action: The Woodburn City Council recommends that the OLCC approve a New Outlet application for Cinco De Mayo Taqueria #2. D. liquor License Change of Ownership Full Off-Premise Sales 22 Recommended Action: The Woodburn City Councii recommends that the OLCC approve a New Outlet application for C 8~ M Market. March 9, 2009 Council Agenda Page ii 12. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS -These are Planning Commission or Administrative Land Use actions that may be called up by the City Council. None. 13. CITY ADMINISTRATOR'S REPORT 14. MAYOR AND COUNCIL REPORTS 15. ADJOURNMENT March 9, 2009 Council Agenda Page iii COUNCIL MEETING NIINUTES FEBRUARY 23, 2009 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, FEBRUARY 23, 2009. CONVENED. The meeting convened at 7:00 p.m. with Council President McCallum presiding. 0020 ROLL CALL. Mayor Figley Absent Councilor Berkey Present Councilor Cox Present (7:05 pm) Councilor Lonergan Absent Councilor McCallum Present Councilor Pugh Present Councilor Schmidt Present Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City Administrator. Stevens, Community Services Director Row, Public Works Director Brown, Community Development Director Hendryx, City Recorder Tennant Council President McCallum stated that Mayor Figley is unable to attend this meeting since she is on official City business in Washington, D.C.. 0089 PROCLAMATION: TULIP FESTIVAL. Council President McCallum proclaimed March 25 through Apri126, 2009 as Woodburn's Tulip Festival Month and encouraged Oregonian's to participate and support this annual event that promotes Woodburn throughout the country. 0245 PRESENTATION: MILL CREEK GREENWAY TRAIL PROJECT UPDATE. Community Services Director Row provided an update on the Greenway project which his department has been working on over the last couple of years. He stated that his project was conceived by the City in the 1960's but it was not until 1999 that a Pazks and Recreation Master Plan was adopted providing a detailed plan for developing a greenway throughout the City In 2004, a 15-member Greenway Task Force was appointed by the Mayor to assist in the development of a greenway master plan and a member of the National Parks Service assisted the City in the development of the plan. At that time, the City conducted a community survey in which 320 responses were received thereby assisting the Task Force in recommending a plan that was adopted by the Council in 2006. In 2007, the Recreation and Park Board had established the development of the first phase of the greenway traiUHermanson playground as their first priority of the year. The City was awarded a $210,000 grant from Oregon State Parks later that yeaz for the development of this project which included the replacement of playground equipment at Page 1 -Council Meeting Minutes, February 23, 2009 COUNCIL MEETING MINUTES FEBRUARY 23, 2009 TAPE READING Hermanson Park I. The playground was replaced in 2008 utilizing a significant number of volunteers from the Woodburn Academy of International Studies. He stated that the Recreation and Park Board updates their project priorities annually and, for 2009, they have established the Mill Creek Greenway Trail project as their #1 park development priority. He stated that Phase I (known as the South Planning Unit) involves the southern area of the greenway from Deer Run at the south end to Cleveland Street at the north end of the project. He stated that recommendations regarding the project include a multipurpose trail that would have a paved width of 8 to 12 feet, an integrated sign system, rest stations at 1 /4 mile intervals that would include benches and trash cans, and utilizing developed parks for restroom facilities. The South planning unit consists of Hermanson Park I, Hermanson Park II, and Hermanson Park III. Potential development for Hermanson Park I involves playground, picnic facilities, and a playfield. Hermanson Park II has a potential development as a playfield. The recommendation for Hermanson Park III, located south of Wilson Street to the south city limits, is to keep this area into a more natural state with pathways on either side of the creek. The pathway on the east side would be a primitive walking path and the west side of the creek would be a paved multiple use path. Around the pond and to the south limits would be walking paths only. It was also recommended that the pond be deepened, enlarged, and weir installed to support a fishery and should include a fishing pier and wildlife viewing station. He stated that the South Planning Unit was determined to be the first phase of this project since the City owns the vast majority of the property in this project. He stated that his department has been working very closely with Public Works on this project and in the section where the trail transitions from the new sidewalk to where it enters Hermanson Park I on Marshall Street, the Marshall Street culvert replacement project includes the design work on the trail and staff's plan is to contract for improvements at the same time to save on expense and make sure that the coordination works out well between the culvert project and the trail project. The total budget for the project is $465,000 which is made up of $210,000 from an Oregon Parks grant and $255,000 in Parks system development charges (SDC's). Project costs include design, playground equipment, wetland mitigation, permits, and construction. Since the project has not gone out to bid yet, the construction costs may need to be adjusted. Director Row provided photos from the various project areas along with design concepts being considered by the Recreation and Park Board to highlight some of the features that they would like to incorporate in the project. He stated that staff is working on finalizing the design documents, construction documents, and finishing up the wetlands permit. It is anticipated that the project will be let out to bid in a few weeks. It will also take a few months before the permits will be issued, however, staff is hopeful that construction can begin the first part of July 2009 with anticipated completion by September 2009. Councilor Pugh stated that the West Woodburn park is highly utilized and he requested that, during the budget planning process, funds for the installation of two (2) more basketball hoops be included in the budget. Additionally, he would like to see a soccer Page 2 -Council Meeting Minutes, February 23, 2009 2 COUNCIL MEETING MINUTES FEBRUARY 23, 2009 TAPE READING field on the south side of the park. Director Row agreed that Burlingham park is very busy and he will be bringing to the Council an update to the Pazks and Recreation Master Plan which includes a recommendation for a new park in that azea. Councilor Schmidt stated that 8 years ago in Hermanson Park III, a developer who had built houses in the area had damaged some wetlands and had come over to Hermanson Park III to enhance wetlands. This proposed project calls for a pathway to be constructed that will destroy the enhanced wetlands that were constructed previously. He stated that last year there were at least 6 hen ducks nesting in that area and questioned what will be done during the nesting season to protect the ducks from pedestrians and their animals who will be using the pathway. He also expressed concern about the 12 foot wide paved pathways since the paved pathways in his neighborhood get very little use. The cost to have paved pathways for the entire length of the greenway project could be as much as $3 million and he felt that this could be a waste of money. Director Row stated that this phase of the project does have a lot of wetlands throughout this sight and around the pond and they stayed out of them as much as possible. A biologist was on the project team who went out and did soil samples, looked at vegetation, hydrology of the soils, and delineated the wetlands. Part of the permitting process is for Division of State Lands (DSL) to come out and look at where the biologist said the boundaries of the wetlands are and to determine whether or not they agree with the biologist. This is one of the next steps in this process and if DSL concurs, then the City will have successfully kept the trail project out of most of the jurisdictional wetlands. Councilor Schmidt questioned where the $50,000 mitigation project would be located. Director Row stated that it will be around Brown Street looking to the west and it will involve some enhancements and creation of new wetlands in that area. He also mentioned that wetlands in that area around the pond are severely degraded and infested with reed canary grass. Staff had initially looked at enhancement down in that pond area but for the mitigation project to be successful, a tremendous amount of work would have to be done to eradicate that invasive grass. The area west of Brown Street does not have that same level of invasion and it was determined to be an area that the City could much more successfully mitigate for with DSL. Councilor Schmidt disagreed with staff since he is familiar with that ground and there are still grass issues that are similar to the other area. Council President McCallum stated that the Task Force had looked at protection for private homes abutting the area and questioned what impact the paved pathways would have since the width would accommodate a vehicle even though they are not intended for motor vehicle use and the impact the paved pathways have on staff to monitor the azea. Director Row stated that they had an open meeting last June on this project and those who live along and have property adjacent to the trail system have expressed concerns about security and the impacts on property values. A significant amount of research has been done on these issues and it has been found that crime in these areas is reduced because the Page 3 -Council Meeting Minutes, February 23, 2009 3 COUNCIL MEETING MINUTES FEBRUARY 23, 2009 TAPE READING area is opened up and it encourages public access. He mentioned that Acting Chief Blevins had attended the meeting, answered questions and shared with the group that the Police Department expects to have security concerns reduced by having the trail project through the greenway. In regards to property values, he stated that a lot of research has been done that shows that trail systems increase the property values of homeowners that live along the system since it is considered an amenity and that has an affect on value. He stated that Terry Bergerson, Park Planner with Oregon State Parks, also spoke at the meeting to share information on the benefits ofnon-motorized trails, impact on property values, and reduction in crime. Council President McCallum questioned if all of the trails meet American with Disabilities Act (ADA) requirements. Director Row stated that natural surface pathways do not have to meet ADA requirements but the paved pathways do and there are enough sections that are ADA accessible for the public to enjoy. Councilor Schmidt expressed his disagreement with the Director's comments on security and cited problems he has seen with graffiti and other criminal activities in the area. He also expressed concern on the additional cost for the City to maintain the trail system and the potential loss of a nesting habitat for ducks that was enhanced years ago. He also felt that the trail system should have a time limit on when it can be used by the public. Director Row stated that regular park hours will apply to the trail system in the greenway. Councilor Berkey questioned the distance of the entire length of the trail project and if it was designed to loop. Director Row stated that it is 8 miles in length and it runs back and forth with some good connections to a lot of other primary destinations. Councilor Schmidt questioned if the State grant is guaranteed for this project. Director Row stated that the grant is funded through lottery dollars and those funds have been set aside and allocated to the City as long as the project goes ahead as planned. Council President McCallum questioned if the Task Force is still in place. Director Row stated that the Task Force did their work to develop the master plan, however, many of the members that participated on the Task Force has stayed involved with the project at the Park and Recreation Board level. Council President McCallum mentioned that the Ice Age interpretative center at Legion Park would be a fantastic center if it is ever built. However, it had been originally been named the Mt. Angel trail and he was noticing that it is now called the Ice Age trail. Councilor Berkey questioned the specific reasoning for the width of the trails. Director Row stated that amulti-modal trail has a 12 foot standard for pedestrians and cyclists going both directions. He stated that the trail will not always be that wide because of site constraints. In regards to reservable amenities, the trail system does not have that available but currently the Recreation department does rent picnic shelters at the other park facilities within the City. Page 4 -Council Meeting Minutes, February 23, 2009 4 COUNCIL MEETING MINUTES FEBRUARY 23, 2009 TAPE READING 2886 PRESENTATION: I-5 INTERCHANGE UPDATE. Terry Cole, Region 2 ODOT Lead Planner, stated that there was a interchange project on the books back in the early 1990's but it was pulled due to funding issues at that time. Since then Woodburn adopted their first Transportation Plan in1996 and it was formally acknowledged that improvements to the interchange were necessary. Alternatives were discussed at that time which included the possibility of another interchange somewhere in north Marion County. In 2000, the I-5 Interchange refinement plan to the Woodburn Transportation System Plan was completed by CH2M Hill and. determined which approach, or if there was another approach other than what was suggested in the 1996 Transportation System Plan, would be the best way to proceed to address the interchange congestion. The conclusion at that time was to fix the existing interchange since it could be improved to provide a fairly long period of service to the community and adding another interchange would not resolve the problems at the existing interchange because of all of the demand that has grown up around that existing interchange. Around 2001, the City began an extensive process to update the Comprehensive plan and update the Transportation System Plan and it was decided to bring forward a full package that would include the findings of the refinement package. The City adopted an updated Transportation System Plan, Comprehensive Plan, and Woodburn Development Ordinance in 2005. An environmental assessment was completed in 2005 and numerous alternatives were considered with the configuration resulting in a combination of a partial Cloverleaf A with a modified widen north which would keep the widening of the street as far to the north as possible due to the amount of developed property on the south side. In 2006, the interchange area management plan was adopted and the revised environmental assessment document was adopted which was submitted to the Federal Highway Administration in order to get a Finding of No Significant Impact (FONSI) which was granted in December 2006. Receipt of the FON5I authorizes the project to move forward and allow for expenditure of federal funds for right of way purchase and preliminary and final design. As of this date, the biggest obstacle remains with finding the construction money to follow through with the construction project. It was noted that some action needs to be taken on the project about every three years otherwise ODOT needs to go back and validate the project in order to keep the environmental assessment active. On the east side of the interchange, the stakeholder group wanted to minimize impact on existing businesses and residents, and try and minimize the impact through refining the design as ODOT moved into the final design process. Currently, the Transportation Plan and Interchange Area Management Plan include the following implementing actions: 1) Park and Ride development; 2) right-of--way acquisition as funding becomes available; 3) interchange preliminary and final design; 4) interchange construction; 5) development review activities in conjunction with the Interchange Area Management Plan; 6) Trip overlay budget for monitoring purposes; and 7) periodic assessment of the Interchange Area Management Plan. Allan Fox, ODOT Project Leader, stated that the I-5 interchange project limits are from Page 5 -Council Meeting Minutes, February 23, 2009 5 COUNCIL MEETING MINUTES FEBRUARY 23, 2009 TAPE READING Woodland Ave to Broughton Way. He reviewed his responsibilities on this project which includes managing the scope of the project, schedule, budget, quality of the improvement, risks involved in the project, leading the project team which consists of 10-15 engineers to get to a completed set of plans, and to lead the public involvement process. The Project Development team will develop the concept, the design acceptance package, public involvement, and look at private development as it occurs. The City will be a functioning member of the Project Development Team and they will also participate with ODOT on project and private development reviews. He provided an overview of the project development process and stated that ODOT is currently working on surveying, mapping, and some environmental assessment work with the next step being to go through an approved design which is where it will end until the project is funded. The objective at this time is to improve connectivity by designing a fully improved interchange, design a fully improved a Park and Ride facility, connect Evergreen Road with Country Club Court, address aesthetic issues regarding the gateway location of the project through interchange design and city development code, stakeholder involvement on aesthetic treatment of the interchange project and a traffic control plan during construction, and completion of a design acceptance package. He reviewed the design acceptance package elements which include (1) interchange and layout sheets; (2) a complete footprint for future right-of--way acquisition; (3) obtaining design exceptions, concurrences, and access management deviations impacting the footprint; (4) roadside development preliminary concept involving landscaping and water quality control plantings; (5) offsite material source decisions; (6) traffic mitigation; (7) construction staging plan; (8) completion of intergovernmental agreements on how the project will proceed; (9) engineering disciplines will address all local concerns raised; and (10) public involvement phase dealing with the aesthetic treatment and traffic control plan. He stated that there is a high level of Oregon Transportation Commission interest in this project due in part to the City's efforts, the high priority of the project, and their interest in the Park and Ride facility. The City's contribution to this project will be $8 million with the City's contribution to date being $2.5 million. Risks involved at this time include private development on both sides of Evergreen Road and redevelopment of other quadrants, escalating land values, unknown utility relocations, potential wetlands, and the topography in some of the quadrants which may cause drainage issues. He stated that ODOT will be having a public meeting on the Transit Facility in addition to some internal project meetings later this year. He stated that he would be back next month to provide more information to the Council on the widening of Highway 214 from Broughton Way to Park Avenue. Administrator Derickson questioned the status of the Highway 99E project. Mr. Fox stated that he is unable to give much information on that project since it is being handled by another project manager. Councilor Cox expressed his appreciation to Mr. Fox for coming to the Council meetings to share information on what is happening, what will likely happen, and the general time Page 6 -Council Meeting Minutes, February 23, 2009 6 COUNCIL MEETING MINUTES FEBRUARY 23, 2009 TAPE READING frame as the project moves forward. 6346 Councilor Schmidt expressed concerned with Highway 214 traffic congestion especially with two schools located on that roadway and expressed his desire to see a second interchange at either Crosby Road or Butteville Road. Terry Cole stated that Marion County is still very interested in getting another interchange, however, improvement to the I-5 interchange needs to get done first followed by Highway 214 widening improvements to Park Ave. Once completed, ODOT can start looking at a second interchange. Tape 2 0045 Ian Niktab stated that he and Gabriel Frame (both Woodburn School District educators) would like to create a demonstration garden plot in a downtown Woodburn site on the corner of First and Cleveland Street which is owned by the City. Stakeholders on the project also include Marion Polk Food Share and Farmworker Housing Development Corp (FHDC). He stated that they would like to come back at the next Council meeting to go into more detail on their proposal. Council President McCallum stated that the project does sound interesting since it involves students in a community service project but suggested that his group first work with Administrator Derickson to discuss the proposal. Administrator Derickson requested that Mr. Niktab contact him for an appointment at which time they will talk about the proposal, look at the site, and discuss what the City's opportunity is for that project. Councilor Cox stated that the City did have a community garden over by the Armory for many years but it was abandoned about 3 or 4 years ago. It was his understanding that there were a lot of problems associated with the gardens and the staff felt that it was best not to continue the program. He expressed his opinion that there could be advantages to that type of program but there is also potential for abuse so it has to be properly administered and operated. He stated that if their organization can put something together that would address the problems from the past and how it will be handled in the future, then he would be in support of the project. Councilor Schmidt stated that he is in favor of a community garden and suggested that other vacant property owned by the City which has good rich soil be considered for this type of project. Mr. Niktab stated this. would be a managed maintained plot rather than a traditional community garden where multiple families come in to garden. 0525 CONSENT AGENDA. A) approve the City Council minutes of February 9, 2009; B) approve the Recreation and Park Board minutes of February 10, 2009; C) accept the Community Services Statistics Report for January 2009; and D) accept Building Activity Report for January 2009. Page 7 -Council Meeting Minutes, February 23, 2009 7 COUNCIL MEETING MINUTES FEBRUARY 23, 2009 TAPE READING COX/PUGH..... adopt the Consent Agenda as presented. The motion passed unanimously. 0569 COUNCIL BILL N0.2764 -RESOLUTION APPROVING THE APPLICATION IN CONDITIONAL USE CASE CU 2008-01 ADOPTING FINDINGS IN SUPPORT OF SAID APPEAL AND DENYING THE APPEAL OF SAID CASE. Council Bill No. 2764 was introduced by Councilor Schmidt. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Council President McCallum declared Council Bill No. 2764 duly passed. 0630 CITY ADMINISTRATOR'S REPORT. Administrator Derickson stated that he had no additional information to share with the Council at this meeting. 0660 MAYOR AND COUNCIL REPORTS. Council President McCallum stated that the Marion County District Attorney and Marion County Sheriff were putting on a training session this evening on "Use of Aimed Force" that several Councilors had expressed an interest in attending but it conflicted with tonight's meeting. According to District Attorney Beglau, this training is being video- taped so interested Councilors can view the session and Attorney Beglau stated he would try to keep any follow-up sessions on days other than the second and fourth Mondays of each month. It was noted that Acting Chief Blevins is not in attendance at this meeting since he is participating as one of the staff members of that particular activity. Council President McCallum reminded the public that March 14`h is the City Chamber Woodburn Proud Clean-up which wi1I begin at 9:00 am. This event will give Woodburn a good spruce up for Tulip Festival which begins March 25`h. He also thanked Woodburn Proud for all the blue ribbons around town since it really does a lot to promote the City's togetherness. 0811 EXECUTIVE SESSION. Council President McCallum entertained a motion to adjourn into executive session under the authority of ORS 192.660(2}(e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions. COX/PUGH..... adjourn into executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The meeting adjourned into executive session at 8:43 p.m. and reconvened at 9:20 p.m.. Page 8 -Council Meeting Minutes, February 23, 2009 8 COUNCIL MEETING MINUTES FEBRUARY 23, 2009 TAPE READING Council President McCallum stated that no decisions were made by the Council while in executive session. 0869 ADJOURNMENT. PUGH/BERKEY.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:21 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 9 -Council Meeting Minutes, February 23, 2009 9 Executive Session COUNCIL MEETING MINUTES February 23, 2009 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, FEBRUARY 23, 2009. CONVENED. The Council met in executive session at 8:50 p.m. with Council President McCallum presiding. ROLL CALL. Mayor Figley Absent Councilor Berkey Present Councilor Cox Present Councilor Lonergan Absent Councilor McCallum Present Councilor Pugh Present Councilor Schmidt Present Staff Present: City Administrator Derickson, City Attorney Shields, Community Services Director Row, City Recorder Tennant Also Present: John Gervais, Woodburn Independent Council President McCallum reminded the Councilors, staff, and press that information discussed in executive session is not to be discussed with the public. The executive session was called to conduct deliberations with persons designated by the governing body to negotiate real property transactions pursuant to ORS 192.660(2)(e). ADJOURNMENT. The executive session adjourned at 9:18 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 -Executive Session, Council Meeting Minutes, February 23, 2009 10 / ~\ ,, 'I~~ ~TooDSURN ~~'~'''~ lnturpora~tA 16F9 March 9, 2009 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Row, Community Services Director SUBJECT: Oregon State Parks Local Government Grant Application 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 40% 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. ~~~~~~ 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 a high priority park development project. In addition, the draft update to the Parks and Recreation Master Plan lists completion of this project as a goal of the Department. 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, and construct a concessions building, outdoor basketball court, walking paths, and picnic shelter. Depending upon the Agenda Item Review: City Administrator City Attorney 11 Honorable Mayor and City Council March 9, 2009 Page 2 availability of funding, the project may also include sports lighting for the baseball fields. The Mid-Valley Baseball Association is collaborating with the Community Services Department in seeking additional sources of funding for this project. FINANCIAL IMPACT: This grant program requires a 40% match. The Community Services Department is currently in the process of developing a budget for this project and will likely 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. 12 COUNCIL BILL NO. 2765 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 application 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 budget at this time; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Secfiion 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 Centnenn~ial Par^k project as specified. above. Approved as to form: ~7 ~' 0 ~"~J 3 ~ Zo~~ City Attorney Date Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant City Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. 2765 RESOLUTION NO. 13 ~ ~, ;.~ ~__, WooDBURN j~+~ ItlCJI JrOIAIC tJ r RR y March 9, 2009 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Row, Community Services Director SUBJECT: 270 Marshall Street Property Purchase RECOMMENDATION: That the City Covncil authorize the City Administrator to enter into a sale agreement and accept a deed from Edna Seely to property located at 270 Marshall Street consistent with the terms contained in this staff report and in a form approved by the City Attorney. BACKGROUND: The City is finalizing plans to construct the first phase of the Mili Creek Greenway Trail, which will course through property located primarily within the Miil Creek corridor; from Cleveland Street at the north to Deer Run Street at the south. To maintain the connectivity of the trail system, the pathway must enter Hermanson Park 1 from a soon to be constructed sidewalk on the east side of Marshall Street. For the access into the Park to occur, the City must acquire a small portion of the property adjacent to the Park at 270 Marshall Street (Attachment "A"). DISCUSSION: City staff negotiated with the property owner, Edna Seely, for many months to arrive at the proposed agreement, which provides for the City to pay Mrs. Seely the sum of $10,000. In addition, the City will pay for a Property Line Adjustment and all transactional costs. Finally, the City will construct a three foot block wall along the portion of Mrs. Seely's northerly property line adjacenf to the trail. The fair market value of the parcel was established consistent with the Public Works process for the acquisition of private property (Attachment "B"). The alternatives to acquiring Mrs. Seely's property could include extending the Marshall Street culvert or constructing an elevated bridge to provide bicycle Agenda Item Review: City Adm City Attorney 14 Honorable Mayor and City Council March 9, 2009 Page 2 and pedestrian access into the Park. It is estimated that, in addition to the difficulties of obtaining permits from the Army Corps of Engineers and the Oregon Department of State Lands, this solution would cost the City an estimated $85,000. Information from the Marion County Assessors Office was utilized in determining the starting valuation point of the subject property. The Assessors Office lists the Real Market Value of Mrs. Seely's land as $109,580, or $8.12 per square foot. When that value per square foot is applied to the Parcel size of 1,125, the resulting amount is $9,135. The negotiation process with Mrs. Seely brought us to the current offer price of $10,000. Staff also attempted to arrange for an appraisal of the subject parcel, but found the scope of the project to be outside the traditional expertise of the three residential appraisers contacted. A commercial appraiser offered to conduct the appraisal for the price of $1,600; an amount staff deemed too high, given the relatively small offer price. The City will obtain #itle insurance for the transaction. FINANCIAL IMPACT: $465,000 was budgeted for the Mill Creek Greenway Trail Project in 2007-2008, with $390,000 carried forward into the current fiscal year. Project funding includes a $210,000 from Oregon State Parks, and $255,000 in Parks System Development Charges. Attachment "A" -Property Diagram Attachment "B" -Public Works Memo dated February 26, 2009 15 ~~~~ -a~, ATTACHMENT _ ~ Page ~ of `]~IOODBUR,[~j PUBLIC WORKS DEPARTMENT r%: rr; r.~rrA r!!w February 26, 2009 T0: Jim Row, Community Services Director FROM: Dan Brown, Public Works Director SUBJECT: DUE DILIGENCE PROPERTY ACQUIStTiON AT 270 MARSHALL STREET This memorandum is intended to explain policy and due diligence applied by the Public Works Department for acquisition of private property for public works projects. First, Public Works will always inform the property owner they are entitled to fair market compensation for property acquired. !t is important that the right for compensation is emphasized to the private property owner. If the property owner elects to donate or dedicate property, I have asked staff to ensure we have a record of acknowledgement from the private property owner that they were informed of their right to fair compensation for property acquired. Second, our starting point for negotiations is the County Assessor's Real Market Value for the property. Public Works will not make an offer for property lower than the County Assessor's Real Market Value. Third, since we are not in a position to use eminent domain for property acquisition, we then attempt to negotiate a property value with the potential seller. We use the County Assessor's Real Market Value as a bench mark to determine if the eventual sale price is fair and reasonable. Fourth, there are other mitigating factors that are taken into consideration and will be used to justify the final agreed upon acquisition price of the property. Those mitigating costs are associated with costs of project delivery or meeting the objective of the project. Typically, the design cost is increased to modify the design of a project to compensate for property not successfully acquired. Other mitigation costs may be the actual cost of construction that is increased as a result of an unsuccessful property acquisition. Finally, the mitigation factor may be the cancellation of the project and failure to meet the objective of the project. I have established an internal procedure that the considerations for establishment of the purchase price be documented in a due diligence memorandum placed in the project file and that the final agreed upon purchase price is approved by the Public Works director. The justification for the offer price to Ms. Seely is outlined below: 16 PUBLIC WORKS DEPARTMENT February 26, 2009 Page 2 ATTAC ENT Page ~ of • Real Market Value for land associated with the Seely property located at 270 Marshall Street per the Marion County Assessor's Property Records = $109,580 • Land area (lot size) per Marion County Assessor's Property Records = 13,500 Square Feet. • Real Market Value per Square Foot = $8.12 • Area of property to be acquired = 1,116 Square Feet • Cost of property to be acquired per Real Market Value = $9,061.92 • Acquisition offer price to property owner = $10,000 The City has also agree to make improvements to the boundary between the acquired property and the remaining private property in the form of barrier wall. The wall will be approximately 116 feet in length and is estimated to cost $9,000. The wall was desired by the property seller, but also benefits the trail project by providing a demarcation between public and private property. The cost saving to the trail project by providing direct access to the sidewalk on Marshall Street versus proposed extension of the culvert is estimated at $65,000. There are also environmental considerations associated with the extension of the culvert that would not be consistent with the City's healthy stream goals. Please contact me if you have any questions regarding the property acquisition process. Copy: Eric Liljequist, Assistant City Engineer 17 ATTACHMENT Page __~,_ of S~' ADJUSTED S~ PROPERTY LINE SEELY RESIDENCE 5, BIZ, `, 270 MARSHALL ST. LOT 1, BLOCK 4 ~., , j `` HERMANSON ADDITION ~ '~ TO THE CITY OF WOODBURN, '~~ REEL 576, PAGE 309 MARION COUNTY RECORDS ;` EXISTING AREA: .309 ACRESt ;' AREA AFTER ADJUSTMENT: .283 ACRESt ' i ~; i ~ PLOT DATE: 3/3/2009 4:36 PM c3 ~. , OOD URJ Incor orated 1889 PUBLIC WORKS DEPARTMENT ENGINEERING DNISION PROJECT TITLE: EDNA SEELY PROPERTY ADJUSTMENT DRAWING NAME: EXHIBIT 'B' PROJ. N0: 2008-046-28 DESIGNED: DB DWG. N0: P-2 DRAWN BY: GK DATE: 3 3 2009 REVIEWED: EL SCALE: t :30 APPROVED: EL AREA PURCHASED BY THE CITY OF WOODBURN 1,125tSF TAXLOT 8500 REEL 2682, PAGE 371 EXISTING AREA: .055 ACRESt ~ ~ AREA AFTER ADJUSTMENT: .081 ACRESt ~~ ~S6 _, 2• ~;~. ~S p9 ~44 F ~~ .~ o~ ~,, ~~ ,. . ,. ; ~~ ;' ~ ~`~ \~`/ PUBLIC UTILITY -"~ EASEMENT ,, ~ ,, \ , ~- 5 m~ ~, ~~ /% ,~. ~o .' o 1 tt l ~ ~ ~ ~"i~ W OD UR,~ lIICOI~~CIfl f i ~ 1889 February 26, 2009 TO: Honorable Mayor and City Council through City Administrator THRU: Charles Blevins, Acting Chief of Police FROM: Jason R. Alexander, Acting Captain ~~ SUBJECT: Liquor license Change of Ownership-Full On-Premise Sales RECOMMENDATION: The Woodburn City Council recommends that the OLCC approve a New Outlet application for Cinco De Mayo Taqueria #2 BACKGROUND: Applicant: Roberto Ivan Caballero 4768 Future Drive Northeast Salem, Oregon 97305 503.364.2254 Business: Cinco De Mayo Taqueria #2 611 North Pacific Highway Woodburn, Oregon 97071 503.981.9000 Owners: Roberto Ivan Caballero 4768 Future Drive Northeast Salem, Oregon 97305 503.364.2254 License Type: Full On-Premise Sales-Permits beer, wine, and cider sales for off- premise consumption only. Agenda Item Review: City Admi City Attorney I' ~ , Finance 19 Honorable Mayor and City Council February 26, 2009 Page 2 On February 12, 2009 the Woodburn Police Department received an application, requesting approval for a New Outlet for Cinco De Mayo Taqueria #2 located at 611 North Pacific Highway Woodburn, Oregon. This business was originally Heidi's Cafe, which did not have a liquor license. The above mentioned applicant is applying for a New Outlet on-premise sales license through the Oregon Liquor Control Commission. The business will be open daily, Monday thru Thursday, from 6:00 am to 12:OOam and on Friday, Saturday and Sunday from 6:00 am until 2:30 am. There will be food served with the alcohol. There will be no live music however there will be Recorded and DJ music. There will be karaoke and pool tables but no lottery. The Police Department has received no communication from the public or surrounding businesses in support of or against the new outlet. DISCUSSION: The Police Department has completed a background investigation, in connection with the OLCC, on the applicant and found nothing of a questionable nature, which would preclude the issuance of this license. FINANCIAL IMPACT: None 20 ~p`~ 7 rtn ~ 02009 /!~ ~L~ ~' ^A'el OREGON LIQUOR CONTROL OMMISSION ,~ ~' ~~~ LIQUOR LICENSE APPLICATION ~ boo °O oq - y35 7G LICENSE TYPES • Full On-Premises Sales ($402.601yr) ^ Commercial Establishment ^ Caterer O Passenger Carrier ^ Other Public Location O Private Club ^ Limited On-Premises Sales ($202.BOtyr) ^ Off-Premises Sales ($100tyr) O with Fuel Pumps ^ Brewery Public House ($252.60) ^ Winery ($250tyr) ^ Other: FOR CITY AND COUNTY USE ONLY ACTIONS The city council or county commission: ^ Change Ownership J~ New Outlet (name of ary or county) ^ Greater Privilege recommends that this license be: ^ Addftional Privilege ^ Other Granted O Denied O By: (signature) (date) Name: clue: ^ Limfted ^ Corporation ^ Limited Liability Partnership Company 90-day authority: ^ Yes ^ No 1. E-nti~ty or Individuals applying for the license: [See SECTION 1 of the Guide] O 7C~~£~'T6 j~~iwl C"'.+~RAtCEL'~"f OLCC USE ONLY { / , Application R1ec' by:~ l.~V`f Date: d ~ f `~ ®Individuals 2. Trade Name (dba): ~~nfl,[~ ~~c- M~/o ~~'i9~dfi~«,- .:~ o~. 3. Business Logtion: ~j/ .t/OAT/-~ Pac'~F'ic I~iUS~/.1.(~BJ~ N/~A~ (J~_~~7D (number, street, rural route) '(city) (county) (state) (ZIP code) 4. Business Mailing 5. Business box, number, street, (city) (ZIP code) (phone) ~ (tax) 6. Is the business at this location currently licensed by OLCC? ^Yes ~1Jo 7. If yes to whom: Type of License: 8. Former Business Name: 9. Will you have a manager? ~es ~Vo Name: (manager must fill out an individual h form) I 10. What is the local goveming body where your business is located? 1t1 /~/~ (narrre of city or county) $~3 ~3b.,2 ~/~ y ~ 11. Contact per~s+on for this application: U i> > -E' ~:,1"71~~ h..~frO /Y_:.~. 7t~~a~~~i~l /f:~ (~d~ S~'_~'/ ~S`6%~ ~~~r~rac/LPrFt~d/~l~1Pri~~ i1C~u1 /t (address) (fax lfumber) (e-mail address) I understand that if my answers are not true and complete, the OLCC may deny my license application. Applicant(s) S nat refs) and Oate: 1 ~ ~j O ~ Date I~>D ~D 9 ® _ _ ~~~~~ y d'~te ® Date O Date 1-800-452-OLCC 56522) www.oregon.gov/o cc (rev. 12/07) SALEM REGIONAL OFFICE 21 /-` ~~~-~ 00 B R ~ 'Z W N February 26, 2009 TO: Honorable Mayor and City Council through City Administrator THRU: Charles Blevins, Acting Chief of Police FROM: Jason R. Alexander, Acting Captain :3q SUBJECT: Liquor License Change of Ownership-Full Off-Premise Sales RECOMMENDATION: The Woodburn City Council recommends that the OLCC approve a New Outlet application for C 8~ M Market. BACKGROUND: Applicant: Basil Michael Elias 12123 Silverton Road Silverton, Oregon 97381 503.753.3630 Business: C 8~ M Market 936 N. Pacific Highway Woodburn, Oregon 97071 503.753.3630 Owners: Basil Michael Elias 12123 Silverton Road Silverton, Oregon 97381 503.753.3630 License Type: Full Off-Premise Sales-Permits beer, wine, and cider sales for off- premise consumption only. Agenda Item Review: City Administrator City Attorney N~"J Finance 22 ., Honorable Mayor and City Council February 26, 2009 Page 2 On February 12, 2009 the Woodburn Police Department received an application, requesting approval for a New Outlet for C ~ M Market located at 936 North Pacific Highway Woodburn, Oregon. This business is located in Mal! 99 and originally housed the bicycle store. This store has been remodeled to accept a convenient store. The above mentioned applicant is applying for a New Outlet off-premise sales license through the Oregon Liquor Control Commission. The business will be open daily, Sunday thru Thursday, from 7:00 am to 12:OOam and on Friday and Saturday from 7:00 am until 2:30 am. This will be a convenient store and will provide groceries, There not be live or DJ music. There will not be recorded music or Lottery. The Police Department has received no communication from the public or surrounding businesses in support of or against the new outlet. DISCUSSION: The Police Department has completed a background investigation, in connection with the OLCC, on the applicant and found nothing of a questionable nature, which would preclude the issuance of this license. FINANCIAL IMPACT: None 23 Ff8 1 ~ ~ ~.ioo_ FF4`' - C~~i -- `1`-t ~3$ OREGON L]QUOR CONTROL C~ ON ~?N,~N~~ ^~~ART?~. LIQUOR LICENSE A ATION ` ~'-{`~'==-'`'l'`J~'`"~ LICENSE TYPES ACTIONS ^ Full On-Premises Sales ($402.60/yr) D Change Ownership ^ Commercial Establishment ~ New Outlet O Caterer ^ Greater Privilege ^ Passenger Carrier O Additional Privilege O Other Public Location O Other ^ Private Club ^ Limited On-Premises Sales ($202.60/yr) B'Off-Premises Sales ($100/yr) ^ with Fuel Pumps O Brewery Public House ($252.60) ^ Winery ($250/yr) O Other: ^ Limited O Corporation 0 Limted Liability 7S Individuals Partnership Company FOR CITY AND COUNTY USE ONLY The city council or aunty commission: (name of city or county) recommends that this license be: Granted ^ Denied O (signature) (date) Name: Title: OLCC US ONLY Application Recd by: Date: 5 0~l 90-day authority: ^ Yes ~ No 1. Entity or Individuals apptying for the license: [See SECTION 1 of the Guide] o~ A.jl I MicH.~~ I~ 1 I~ s~ 2. Trade Narne (dba): ~ ~ ' " I M Q ~~~ 3. Business Location: ~ 3~p ]~t 1~(1[~ 1 F I C i-1 WTI VV (,~Gll~~,-t"L-y ~ i2.. ~l~-(U~-' (number, street, rural e) ( ) (county) (state) (ZIP code) 4. Business Mailing Address: ~~ ~0~-Ka.+~ n ca ~ ~ ~- -~ U''t~, ~I'-13d (PO box, numbs ,street, rural route) (city) (state) (ZIP Dods) 5. Business Numbers: ~~- 153- 3 ~ 3~ ~' 3~ ~ ~~~~ () (~) 6. Is the business at this location currently licensed by OLCC? OYes t~(Vo 7. ff yes to whom: Type of Ucense: 8. Former Business Name: 9. Will you have a manager? OYes l~iVo Name: (manager must fill out an individual his ry form) 10. What is the local governing body where your business is located? VII U D d ~ lit rrZ ~ ~r-'~Q ~ U ~ C(~U ~ (name of city or wunty) 11. Contact person for this application:, 1~ ~~ STV3-'~~3 ~3b (phone number(s) r--.. ~., ~ (fax number) (e-maa acaresal (address) I understand that ff my answers are not true and complete, the OLCC may deny my license application. Applicant(s) '1~nat to ) rid Date: p~ Date~~~~ Date ® Date 1-800-452-OLCC 56522) www.oregon.gov/o cc 24 Date (rev. 12/07) N~N• ,G~Y11);:111 .]Ght,)C City of Woodburn Downtown Development Plan Update 2009 City Council Update March 9, 2009 Project Overview The Plan will address . Physical and economic revitalization . Mixed-Use Development (where appropriate) . Infrastructure & circulation improvements . Landscaping .Lighting .Public Art . Conveniently located public parking areas Downtown Development Plan Update 2009 ^ Project Overview ' ^ Stakeholder's Working Group ^ Stakeholder Interviews ^ Open House ^ Where we are now ^ Where we are going Stakeholder's Working Group (S WG)/Interview ^ Appointed by the Mayor in January 2009 ^ SWG is made up of members from City Council and Planning Commission, local business owners, representatives from the Chamber and Chemetka Community College. ^ Held the 1 ~ meeting in January and 2"' meeting in February. ^ The consultants conducted interviews with groups of key stakeholders on January 21. The groups represented elected/appointed officials, downtown business owners, realtors and developers, restaurant owners and service organization 1 Open House ^ The open house was held on January 21, 2009. ^ Approximately 60 people attended the meeting ^ Reviewed the project goals and participants were given comment forms and were encouraged to write on the maps and boards. 2 Where we are now... ^ Received Existing Conditions Report, Supplementary Housing Analysis, and draft Downtown Strategic Business Development Plan ^ Meeting with the consultants to: • refine the components of the Draft Plan ^ review possible changes to the development code and TSP • discuss site development and redevelopment standards ^ review private 8 public sector roles for implementation Where we are going... ^ Next SWG meeting -May ^ Next Open House -June ^ Public Review/Adoption -July/August ~ ';` ~ a i. i y ~-:: ~ 3 j CITY OF 11~IOODBURN CITY COUNCIL SPEAKER CARD Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the City Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral prerogative. NAME: ~~ Wl'e ~/ W~, PHONE #: ~y~' `f~-I ~i-`?~-~Zc.,p ADDRESS: ~ ~ ~ rl' ~'~"`~""~~s t~.^ AGENDA DATE: „~ ., COMMENTS: AGENDA ITEM #: ~ FOR OFFICE USE ONLY: Follow-up: CITY OF WOODBURN CITY COUNCIL SPEAKER CARD Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the City Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral,~prrerogative. '~",~f~ NAME: ,~(,7~~ ~~ / ` ~! PHONE #: ~~~ ~~~~ ~'~~ ADDRESS: ~ ~ ~ ~~~~'°'V S Uf"~/ AGENDA DATE: ~ '~''` I AGENDA ITEM #: `~ COMMENTS: ~~~".'~.'y."~~' ~..,' ,~~ FOR OFFICE USE ONLY: Follow-up: CITY OF WOODBURN CITY COUNCIL SPEAKER CARD Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the City Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral prerogative. NAME: ~ ~~ E '` PHONE ''~' ADDRESS: S~~ l,J`a~`~`~.,,~; ~ ,~._, ..~,~ ~:~ AGENDA DATE: ~ ~ .,~' AGENDA ITEM #: ~ ~ ~ // ~„ }~ r COMMENTS: ~~ll ®~` 1 I t~~. ''.,~ ~ ~ /~'~~" ;:~~'}~' t~~%' FOR OFFICE USE ONLY: Follow-up: CITY OF WOODBURN CITY COUNCIL SPEAKER CARD Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the City Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by~04ayoral prerogative. NAME: ADDRESS: ~~ PHONE #: FOR OFFICE USE ONLY: Follow-up: AGENDA DATE: AGENDA ITEM #: ~~ (~ ~ ~ '"w~ CITY OF WOODBURN CITY COUNCIL SPEAKER CARD Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the City Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral prerogative. 1.,._, NAME: L:.~ _ [ sF9 PHONE #: ~ L ../ ADDRESS: ~,V ~ ~~~~~~ t(A ~~''X,J4 [ ~~~ ~~ 6 AGENDA DATE: COMMENTS: AGENDA ITEM #: ~- FOR OFFICE USE ONLY: Follow-up: