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Agenda - 04/27/2009 CITY O F W 00 D B U R N KATHRYN FIGLEY, MAYOR DICK PUGH, COUNCILOR WARD 1 .J. MEL SCHMIDT, COUNCILOR WARD II CITY COUNCIL AGENDA PETER MCCALLUM, COUNCILOR WARD III .LAMES COX, COUNCILOR WARD IV FRANK LONERGAN, COUNCILOR WARD V e APRIL 27, ZOO 7 ~ ~.OO 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: A. Stakeholder's Working Group for Hwy 214 Environmental Assessment. 4. PROCLAMATIONS/PRESENTATIONS Proclamations: A. National Water Safety Month Presentations: A. Council Goal: Business Assistance Program -Jim Hendryx B. Oregon 214 Broughton Way to Park Widening - ODOT C. Crosswalk -Public Works D. 99E Resurfacing -Tony Snyder 5. COMMITTEE REPORTS None 6. COMMUNICATIONS None. 7. BUSINESS FROM THE PUBLIC -This allows the public to introduce items for Council consideration not already scheduled on the agenda. "Habra intevpvetes aisponi6[es Para aque[[as personas que no [jab[an In9[es~ previo acuerao. Comuniquese a[ 15031980-2485.'. 2 April 27, 2049 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 member. A. Woodburn City Council minutes of April 13, 2009 3 Recommended Action: Approve the minutes. B. Woodburn Planning Commission Meeting Minutes of February 12 26, 2009 Recommended Action: Approve the minutes. C. Woodburn Planning Commission Meeting Minutes of March 12, 16 2009 Recommended Action: Approve the minutes. D. Woodburn Park & Recreation Board Minutes of Aprit 14, 2009 20 Recommended Action: Approve the minutes. E. Building Activity for March 2009 Recommended Action: Accept the Report. 23 F. Planning Project Tracking Sheet dated April 20, 2009 24 Recommended Action: Accept the Report G. Authorization to Enter Into a Cooperative Improvement 29 Agreement with ODOT Recommended Action: Authorize the Cites Administrator to execute a Cooperative Improvement Agreement (CIA) NO 25,169 with ODOT for Construction of the Evergreen Road Transit Facility. H. Award of Construction Contract for Mill Creek Pump #2 31 Replacement, Bid # 2009-06. Recommended Action: That the City, Council award the construction contract for the Mill Creek Pump #2 in the amount of $119,400.00 I. Young Street Resurfacing Lane Configuration Approval 33 Recommended Action: Council by motion provide the Public Works Department approval of the lane configurations as provided in the staff report. Apri127, 2009 Council Agenda Page ii 9. TABLED BUSINESS None. 10. PUBLIC HEARINGS A. Continue Woodburn Parks and Recreation Master Plan Public 35 Hearing to May 11, 2009 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 GOAL: 36 Council Bill No. 2771 - An Ordinance updating the City Ordinance compilation by repealing certain unnecessary Ordinances. Recommended Action: Adopt the Ordinance. B. COUNCIL GOAL: 40 Council Bill No. 2772 - A Resolution entering into an agreement for housing rehabilitation services with the Mid-Willamette Valley Council of Governments and authorizing the City Administrator to sign said agreement. Recommended Action: Adopt the Resolution. C. COUNCIL GOAL: 48 Revising of Residential SDC Recommended Action: Adopt the Resolution. Seek Council's concurrence of the System Development Charges (SDC) Collection Point Deferral Agreement. Direct staff to return with necessary code amendments to implement the SDC deferral program for single family dwellings. D. Council Bill No. 2773 - A resolution directing that a "DO NOT 50 ENTER" sign be installed on Tukwila Drive at N. Boones Ferry Road an Dotted paint markings be applied; that stop signs be installed on Second Street where it intersects Grant Street; and stop signs be installed on Filbert Street, Joyce Street, Bryant Street and Elm Street where these streets intersect Johnson Street. Recommended Action: Adopt the Resolution April 27, 2009 Council Agenda Page iii 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. 13. CITY ADMINISTRATOR'S REPORT 14. MAYOR AND COUNCIL REPORTS 15. EXECUTIVE SESSION A. To conduct deliberations with persons designated by the governing body to carry on labor negotiations pursuant to ORS 192.660(2)(d). 16. ADJOURNMENT Apri127, 2009 Council Agenda Page iv W ~~~ D N Iaro,rc,attA X889 TO: Honorable Mayor and City Council FROM: Kathy Figley, Mayor A iz~~. April 27, 2009 SUBJECT: Appointments for Stakeholder's Working Group for the preparation of the Environmental Assessment for the widening of HWY 214. Oregon Department of Transportation (ODOT) has recently hired a consultant to prepare an Environmental Assessment for the widening of Hwy 214 between Broughton Way and Park Avenue. The environmental assessment work is a necessary requirement associated with future federal funding for Hwy 214 improvements. ODOT has requested that the City establish a stakeholder working committee to assist the proSect team in preparing this document. Stakeholder's Advisory Groua for the Environmental Assessment Protect for the wldentng of HWY 214. Pete McCallum Jim Cox Brad Hutchinson Paul Iverson Charlie Blevins/Mike Araiza Eric Swenson Kristy Olsen Jessy Olson/Jerry Ambris City Council, Ward 3 City Council, Ward 4 Planning Commission Fire District Police Department Principal of French Prairie Middle School Brice Corporation Farmworker Housing Development Corp. Agenda Item Review: City Administrato ' y Attorney Finance PROCLAMATION National Water Safety Month MAY 2009 WHEREAS, citizens of Woodburn recognize the vital role that swimming and aquatic-related activities relate to good physical and mental health and enhance the quality of life for all people; and WHEREAS, the citizens of Woodburn understand the essential role that education regarding the topic of Water Safety plays in preventing drowning and recreational water-related injuries; and WHEREAS, the City of Woodburn is aware of the contributions made by the recreational water industry, as represented by the Association of Pool & Spa Professionals, the National Recreation & Park Association and the World Waterpark Association in developing safe swimming facilities, aquatic programs, home pools and spas, and related activities providing healthy places to recreate, learn and grow, build self-esteem, confidence and sense of self- worthwhich contributes to the quality of life in our community; and WHEREAS, the citizens of Woodburn recognize the ongoing efforts and commitments to educate the public on pool and spa safety issues and initiatives by the pool, spa, waterpark, recreation and parks industries; and WHEREAS, the citizens of Woodburn understand the vital importance of communicating Water Safety rules and programs to families and individuals of all ages, whether owners of private pools, users of public swimming facilities, or visitors to waterparks; NOW, THEREFORE, I, Kathy Figley, Mayor of the City of Woodburn, Oregon do hereby declare the Month of May 2009, as NATIONAL WATER SAFETY MONTH And do urge all those in the City of Woodburn to support and promote this observance. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City~f Woodburn to 1 e affixed this 22nd day of Apri12009. R~yn Figleyd! City of Woodburn 2 COUNCIL MEETING MINUTES APRIL 13, 2009 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 13, 2009. Mayor Figley acknowledged the passing of Water Supervisor Kevin Mills. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. OOb2 ROLL CALL. Mayor Figley Present Councilor Berkey Present Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Pugh Present Councilor Schmidt Present Staff Present: Administrator Derickson, City Attorney Shields, Acting Police Chief Blevins, Acting Police Captain Alexander, Public Works Director Brown, Community Development Director Hendryx, City Recorder Tennant 0084 PROCLAMATION -DAY OF THE CHILD. Mayor Figley read a proclamation declaring April 26, 2009 as Day of The Child/Day of the Book (EI Dia de los Ni~oslEl Dia de los Libros) to recognize the importance of literacy programs to ensure the growth and success of all children. 0164 PROCLAMATION -VOLUNTEER WEEK. Mayor Figley read a proclamation declaring April 18-25, 2009 as Volunteer Week within the City and encouraged the community to honor this observance with appropriate programs, ceremonies, and activities. 0249 PRESENTATION: COOPERATIVE AGREEMENT WITH ODOT (Evergreen Transit Facility). Public Works Director Brown stated that staffhas been negotiating with Oregon Department of Transportation (ODOT) over the last several months for a transit facility to be located near the I-5 Woodburn interchange. He stated that this project is a subset of the overall I-5 interchange improvement project and ODOT would like to move forward with the transit facility before the interchange is improved. ODOT believes the improvements to Evergreen Road north of Highway 214 are integral to other improvements. He stated that the estimated cost of the transit facility is $7.7 million which is the amount shown in the cooperative agreement. The City has an obligation towards interchange projects of a total match of $8 million of which $2.5 million has Page 1 -Council Meeting Minutes, April 13, 2009 3 COUNCIL MEETING MINUTES APRIL 13, 2009 TAPE READING already been placed on deposit with ODOT. It is his belief that the City will benefit from the improvements to north Evergreen Road since it will put the northeast sector of the interchange in a better position for redevelopment and may even stimulate redevelopment. He stated that by approving the cooperative agreement, Council would legislatively give ODOT staff the authority to acquire right-of--way for the alignment of north Evergreen Road, which was defined during the environmental assessment period and preliminarily agreed to by the City. ODOT has defined strong access control along Evergreen Road as one of their requirements. The commercial development on the east side of north Evergreen Road (Brice parcel) will have access alignment with the northern access road to the transit facility. He presented a drawing that depicted traffic movements associated with the facility. Staff has also been defining how storm water management for the northeast quadrant will be handled. Currently, there is an unused forty-eight inch culvert across the freeway that was installed when the freeway was widened. ODOT and the City have negotiated that the culvert be split fifty/fifty and the City may use it to drain water north to East Senecal Creek. He stated that the transit facility has athirty-month design period and this is a good opportunity for the City to build infrastructure. In order for the culvert to be effective, the storm drain line would need to be extended east to Evergreen Road. The extension of the storm drain would be constructed with the transit facility and would be funded by Storm System Development Charges (SDC). 1083 Councilor McCallum asked if the transit facility would be incorporated into the I-5 interchange design. Public Works Director Brown explained that the transit facility and any additional right- of-way to Highway 214 will remain with the interchange project. He stated that the grade of Highway 214 will rise twelve to fourteen feet. There was discussion amongst Councilor Cox and Public Works Director Brown in regards to future right-of--way and access restrictions on Highway 214 by ODOT. Councilor Schmidt asked if the access from the Brice parcel would be eliminated. Public Works Director Brown stated that the current access is too close to Highway 214 and will be eliminated and access to the Brice parcel will be included in ODOT's Access Control Plan. Councilor Lonergan questioned the timeframe of the project. Public Works Director Brown stated that the design would take approximately thirty months and they are currently in the sixth month of the design process. The estimated construction completion time period will be in 2012. He stated that the project will attempt to maximize the number of parking spaces and it is anticipated that it will be a hub for all of the regional transportation providers. There was discussion amongst the Councilors and Public Works Director Brown in regards to the transit facility acting as a regional transportation hub and possible funding. Public Works Director Brown explained that the City has a $5.5 million outstanding match due at construction completion of all improvements to the I-5 interchange of which this transit facility is one of the improvements. Currently, there is approximately $3.5 Page 2 -Council Meeting Minutes, April 13, 2009 4 COUNCIL MEETING MINUTES APRIL 13, 2009 TAPE RyEADING million in SDCs on reserve for this project in addition to the deposit already made to ODOT. Public Works Director Brown stated that the resolution to authorize the cooperative agreement would be ready for Council consideration at the Apri127~' Council meeting. 1748 Administrator Derickson stated that two items had been added to the agenda because the American Reinvestment Act stimulus package one of which is a Public Works project and Director Brown would make a presentation on this project at this time. He stated that funding opportunities aze coming forth from multiple agencies and they have a short time period in which the City can make a decision as to whether or not applications should be submitted for funding. Public Works Director Brown stated that Shalimar Modular Home Park and two other mobile home parks in the vicinity of the City had been notified by Department of Human Services that their water quality does not meet EPA requirements for arsenic. He explained that through the stimulus package, the Oregon Economic Development Department has created a program to promote viable water suppliers in urban areas to merge with non-viable providers to provide higher water quality for all of those in the urban area. Currently, manufactured home parks have self contained water systems that are costly to filter for arsenic. The City meets EPA requirements and is qualified for the program. Bringing water service to the pazk would benefit the City by extending the water perimeter loop, which is one of the City's long-term capital improvement projects for its water distribution system. He presented a map which indicated the City's preferred and alternative alignments. The twelve-inch diameter water line extension is estimated to cost $1.3 million. The Oregon Economic Development program would provide a fifty percent (50%) grant and a fifty percent (50%) low interest loan at one percent (1%). The program's process requires a public announcement of intent to apply for the application. Councilor Cox inquired about how the City would amortize the cost of the project. Public Works Director Brown explained that the City would fund the project through the balance of its water construction fund and SDC funds. Councilor Cox asked if the City would be able to recover costs from future development. Administrator Derickson stated that the City could recover costs, and if the application is accepted, the City would have to demonstrate the ability to carry the debt service program. He also stated that the cost-benefit analysis would indicate that this is a strong project with a guaranteed fix to the azsenic problem. There was consensus among the Council to pursue the application. 2817 PRESENTATION: 2008 CRIME STATISTICS. Acting Police Captain Alexander presented the crime statistics report for 2008. He stated that the overall crime index for Woodburn shows both violent and property crime as compazed to the last four years. In Woodburn, he reported that with a population increase Page 3 -Council Meeting Minutes, April 13, 2009 5 COUNCIL MEETING MINUTES APRIL 13, 2009 TAPE READING the overall crime index is down approximately 4%, which includes both a 42.5% increase in violent crime and a 6.15% decrease in property crime. He presented the calculated numbers per 100,000 and explained that over the last four years the City has experienced a 10.4% increase in violent crimes and a 9.78% decrease in property crimes. He reviewed the documents in the agenda packet, which included the 2008 adjusted index crimes, the three-year adjusted crime trends, a comparison crime rate report and graphs, and a meth connection report. Councilor Cox asked how meth connection is determined. Acting Police Captain Alexander explained that meth is usually tied to theft and embezzlement crimes. He presented the numbers and types of calls, offenses, and arrests in 2008, and the 2008 traffic crime and clearance rates. He explained that police patrol and detectives, CRT, the Weed N Seed project, neighborhood and Police Patrol District meetings, the Citizens Police Academy, and gang suppression programs will work towards combating the crime numbers. 3415 Mayor Figley inquired about the increase in violent crimes and asked what factors attribute to aggravated assaults. Acting Police Captain Alexander explained that aggravated assaults include domestic violence and can be somewhat attributed to the economy and family problems. Acting Police Chief Blevins stated that an armed robbery, several attempted murders, and gang violence attributed to the drastic increase in violent crime. He agreed that the economy has a major affect on violent crime and explained that it is difficult to prevent the domestic violence that is related to it. Administrator Derickson explained that in 2008, on average, the Police Department responded to 2.5 calls every hour. He applauded the Department for responding to such a large number of calls. Acting Police Chief Blevins stated that Woodburn is a safe place to live and its officers work hard to prioritize calls. Councilor Pugh and Councilor Lonergan applauded the police force for the impressive numbers. Councilor Lonergan asked if there were any improvements on the meth connection. Acting Police Chief Blevins stated that the Police Department had made sixteen arrests in the past two weeks and had seized two pounds of meth with a street value of $42,000 per pound. Along with the Portland Police Bureau, Woodburn seized three pounds of heroin with a street value of $200,000 to $300,000. The Department is attempting to go after the dealers and remove the source for the addicts. Councilor McCallum stated that for many years Woodburn has been seen as apass- through for drugs and he is glad that that reputation is changing. 4167 WOODBURN SCHOOL DISTRICT REPORT. Walt Blomberg, Superintendent, stated that all four of the City's small high schools have been awarded $65,000 extension grants, which are the highest awards granted. Jennifer Page 4 -Council Meeting Minutes, April 13, 2009 6 COUNCIL MEETING MINUTES APRIL 13, 2009 TAPE READING Dixon, principal of the Woodburn Arts and Communications High School has been presented the 2008 National Administrator awazd. He also stated that the school district bond proposal will be on the May 2009 ballot. The school district held a community forum on the proposal where approximately 40 people attended and there is a political action committee formed with over 100 volunteers to work on the bond proposal. He recently received letter from the Governor and State Superintendent of Schools stating that the economic condition is worsening and less funds will be available. The school district will have some stimulus funds but may still be $1 million short. Mr. Blomberg also stated that Board member Jim Davidson was involved in a serious traffic accident the prior evening. 4666 Richard Jennings, Filbert St, stated that a pedestrian crossing at the Highway 214 /Park Avenue intersection needs to be addressed since it is unsafe for pedestrians that cross the highway to reach Salud Medical Clinic. Mr. Jennings suggested that the Council move forward and get a crosswalk for that area before someone is killed. Councilor McCallum stated that Council had gone on the record on this issue and asked the City Administrator to put pressure on ODOT to fix the safety hazard. He agreed that the crossing the highway at that intersection is extremely dangerous. Public Works Director Brown stated that he was awaze of situation and has been working with ODOT to address the problem. He stated that ODOT has just awazded the environmental assessment contract for Broughton Way to Park Avenue, which includes this area. One of the recommendations to ODOT is constructing a refuge for pedestrians. Councilor Cox suggested that the area be marked with a crosswalk with a signalized light and that another traffic count be conducted to see if warrants have been met. There was discussion amongst the Council in regards to various safety options for that section of roadway. 5856 CONSENT AGENDA. A) Approve the regulaz and executive session Council minutes of March 23, 2009; B) Approve the Council Goal Setting workshop minutes of Mazch 28, 2009; C) Approve the Claims for March 2009; and D) Accept the Public Utility easement granted by Richard and Leslie Warnick, property owners of 1365 North Front Street. PUGHlLONERGAN.... adopt the Consent Agenda as presented. The motion passed unanimously. Page 5 -Council Meeting Minutes, April 13, 2009 7 COUNCIL MEETING MINUTES APRIL 13, 2009 TAPE READING 5931 COUNCIL BILL N0.2768 -RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO TRANSFER ADDITIONAL CITY FUNDS TO THE OREGON DEPARTMENT OF TRANSPORTATION TO ADDRESS COST OVERRUNS AND CHANGE ORDERS ASSOCIATED WITH THE OR HIGHWAY 214 / SETTLEMIER AVENUE / BOONES FERRY ROAD INTERSECTION IMPROVEMENT PROJECT. Council Bill No. 2768 was introduced by Councilor McCallum. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Councilor Schmidt inquired as to whether or not the City must pay $70,000 to ODOT. Public Works Director Brown stated that he received correspondence from the City's project engineer regarding design deficiencies that affected construction costs. The engineer has agreed to cover about $21,000 of the change orders available, which reduces the City's cost to $49,000. The change orders were associated with the actual work activity. The problem the City ran into was that the design phase went on for approximately two years and the control that was established for the road to get the final grade was found wrong; it was staked-out and constructed wrong. Various other unforeseen factors contributed to additional costs. The City was not made aware of the conditions until the work was completed and did not have an opportunity to intervene. After negotiating with ODOT, it was determined that ODOT was partially responsible. Councilor Schmidt asked if the City was going to repair or replace the sidewalk near the street trees on the east side of Settlemier Street. Public Works Director Brown stated that they will try to make the sidewalk work, although it will be difficult to meet ADA requirements and they aze restricted in what they can do. Councilor Pugh asked if there will be a right turn lane for westbound traffic. Public Works Director Brown stated that there will be a turn lane. Tape 2 Councilor Cox stated that he would like to save the trees but is unaware of what is involved and does not know if it would be cost effective. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2768 duly passed. 0100 COUNCIL BILL N0.2769 -RESOLUTION DIRECTING THAT YIELD SIGNS BE INSTALLED ON THE SOUTHBOUND LANE OF ABC STREET AT THE INTERSECTION OF CLEVELAND STREET AND ON WOODLAND AVENUE AT THE INTERSECTION OF MYRTLE STREET. Councilor McCallum introduced Council Bill No. 2769. 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. 2769 duly passed. Page 6 -Council Meeting Minutes, April 13, 2009 8 COUNCIL MEETING MINUTES APRIL 13, 2009 TAPE READING 0144 COUNCIL BILL N0.2770 - RE50LUTION DIRECTING THAT PARKING RESTRICTIONS BE INSTALLED IN THE BOONES CROSSING DEVELOPMENT PHASE I. Councilor McCallum introduced Council Bill No. 2770. 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. 2770 duly passed. 0198 AMENDMENT TO PROFESSIONAL SERVICES CONTRACT CH2M BILL CONSULTANT WASTEWATER FACILITIES PLAN UPDATE. COX /LONERGAN... Council, as Local Contract Review Boazd, authorize that the City Administrator amend the current agreement for professional services with CH2M Hill to include $109,763 for Change Order #4 with the newly established contract amount, including Change Order # 1 through #4 being $859,639.00. Councilor Schmidt stated that he would have liked the two change orders to be combined. Councilor Cox stated that he believes the total change orders aze high but believes that there is good reason why the costs have increased. The planning period has almost doubled and the requirements have changed during the process. He did not feel as if the consultant was padding the bill. Mayor Figley agreed with Councilor Cox and believes that there is a clear explanation for why the change order is needed. Administrator Derickson stated that cities aze sometimes the victims of unfunded mandates. Public Works Director Brown stated that the scheduled end date is in May. The consultant has been working closely with City and the plan has revealed several significant items that the City needs to address. One of which is addressed by change order #3, DEQ's enforcement of the Clean Water Act. He stated that the City needs to comply in order to receive financing. The motion passed unanimously. 0845 AUTHORIZATION OF REIMBURSEMENT TRAFFIC IMPACT FEE - MaPS Credit Union. COX/LONERGAN.... authorize reimbursement to MaPS Credit Union the sum of $128,929.25 for the difference between the original Traffic Impact Fee (TIF) assessment collected ($189,928.25) and the approved alternative TIF ($60,999). Councilor Schmidt suggested that due to the significant difference the city should pay for MaPS Credit Union's engineer fees. Councilor Cox disagreed with Councilor Schmidt and explained that the fees were determined by the ordinance. Although it is unfortunate that there was such a difference, he does not believe the City needs to pay additional fees. The motion passed unanimously. Page 7 -Council Meeting Minutes, April 13, 2009 9 COUNCIL MEETING MINUTES APRIL 13, 2009 TAPE READING 1082 CITY COUNCIL FISCAL YEAR 2009-2010 GOALS. PUGH/LONERGAN.... adopt City Council goals as outlined in the staff report. Councilor Lonergan suggested that the Council periodically review the goals during the year. The motion passed unanimously. 1175 ARRA ECONOMIC STIMULUS FUNDING -YOUNG STREET RESURFACING PROJECT. Public Works Director Brown stated that stimulus money that is received by local governments must meet all federal requirements that were in place at the time. The Public Works Department has applied for a federal exclusion resurfacing project and piggybacked with Marion County on resurfacing county roads. The project should be ready this summer. Administrator Derickson thanked Public Works for their aggressiveness. LONERGANJMCCALLUM.... authorize the City Administrator to execute, on behalf of the City, Agreement No. 25528 with the State of Oregon / ODOT in order to accept $490,000 in funding made available to the City of Woodburn under the American Recovery and Reinvestment Act (ARRA). The motion passed unanimously. 1400 FEDERAL JUSTICE ASSISTANCE GRANT (JAGI PROGRAM. Acting Chief Blevins stated that the Police Department would like to use the $55,864 grant funds on software and tactical upgrades. PUGH/SCHMIDT... authorize the City Administrator to execute on behalf of the City Intergovernmental Agreement #2009-F4634-OR-SB accepting the disbursal of $55,864.00 in Justice Assistance Grant (JAG) funds. The motion passed unanimously. 1487 CITY ADMINISTRATOR'SREPQRT. Administrator Derickson stated that a budget meeting is scheduled for Saturday, April 18, 2009 beginning at 8:30 a.m. in the Council Chambers. As a follow up on the previous meeting, Administrator Derickson stated that there had been two reports of drug use and suspicious activity where residents had felt that no action had being taken. He wanted the public to know that follow-up had been taken on the reports, however, some investigations require both time and privacy. 1696 MAYOR AND COUNCIL REPORTS. Councilor Lonergan stated that he had observed the Easter Egg Hunt at Settlemier Park and there were a lot of kids there and they seemed to have a good time. Councilor McCallum stated that the 8`~ annual Relay for Life would be taking place June 26`~ and 27~'. The City of Woodburn is a platinum sponsor and no taxpayer funds were Page 8 -Council Meeting Minutes, April 13, 2009 10 COUNCIL MEETING MINUTES APRIL 13, 2009 TAPE READING used to obtain this sponsorship level. On May 12~' ,the annual Mayor's Prayer Breakfast will be held at United Methodist Church. Dick Withnell will be the guest speaker and who will focus on faith in the market place. Councilor Schmidt thanked the Public Works Department for the aerial map they provided. 1962 ADJOURNMENT. COX/MCCALLUM.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:03 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 9 -Council Meeting Minutes, April 13, 2009 11 WOODBURN PLANNING COMMISSION MEETING MINUTES February 26, 2009 CONVENED The Planning Commission met in a regular session at 7:00 p.m. to City Hall Council Chambers with Chairperson Bandelow presiding. Chairperson Bandelow questioned members of the Planning Commission having potential conflicts such as family, financial, or business relationship with regard to the meeting. If such a potential conflict exists, she asked whether the commissioner in question believes he or she is without actual bias or whether he or she would like to step down from the Planning Commission during the meeting. There were none. Chairperson Bandelow announced that the agenda is available at the back of the room. We will consider items one at a time according to the order listed in the agenda. We will follow the hearing procedure outlined on the public hearing procedure board. All persons wishing to speak are requested to come to the podium and give their name and address. Any individuals speaking from other than the podium will not be recognized. Commissioner Jennings led the salute to the flag. ROLL CALL Chairperson Bandelow P Vice Chairperson Vancil P (Arrived at 7:05 p.m.) Commissioner GrosJacques P Commissioner Grigorieff P Commissioner Hutchison A Commissioner Jennings P Commissioner Kenagy P Staff Present: Jim Hendryx -Community Development Director Jon Stuart -Assistant City Attorney Jim Row -Community Services Director Natalie Labossiere -Senior Planner Don Dolenc -Associate Planner Sasha Sprauer -Administrative Assistant BUSINESS FROM THE AUDIENCE None. MINUTES A. Woodbum City Council Meeting Minutes of September 22, 2008 B. Executive Session Woodburn City Council Meeting Minutes of September 22, 2008 C. Woodburn City Council Meeting Minutes of October 27, 2008 D. Woodbum City Council Meeting Minutes of November 10, 2008 E. Executive Session Woodburn City Council Meeting Minutes of November 10, 2008 F. Woodbum City Council Meeting Minutes of November 24, 2008 G. Executive Session Woodburn City Council Meeting Minutes of November 24, 2008 Planning Commission Meeting February 26, 2009 Page 1 of 4 12 H. Woodburn City Council Meeting Minutes of December 8, 2008 I. Executive Session Woodbum City Council Meeting Minutes of January 5, 2009 J. Special Woodbum City Council Meeting Minutes of January 5, 2009 K. Woodbum City Council Meeting Minutes of January 12, 2009 PUBLIC HEARING A. Comprehensive Plan Amendment 2008-01-City of Woodbum Senior Planner Labossiere explained that CPA 2008-01 is a proposal for a comprehensive text amendment to revise the "Parks and Recreation-Open Space/Parks Goals and Polices" section and to adopt the updated City of Woodbum Parks and Recreation Master Plan as asub-exhibit to the Comprehensive Plan. Senior Planner Labossiere explained that the Comprehensive Plan must be revised to reflect the changes that have been made to the Parks and Recreation Plan. Staff is recommending the adoption of the updated Parks and Recreation Master Plan as asub-exhibit because it is reasonable to have these elements as part of the comprehensive plan since they affect other aspects of community development, such as determining how much land is needed within an urban growth boundary, or developing a livable community. Having a parks master plan as part of a comprehensive plan can be an important basis for system development charges (SDC's). The relative substantive criteria that this project was evaluated under were Woodburn Development Ordinance (WDO) sections 4.1 and 4.101; and Woodbum Comprehensive Plan "Review, Revision and Update" and "Policy B-1"; and the analysis in the staff report. The City followed the procedure requirements. City Council passed a resolution in November 2008 which allowed the City to consider the legislative amendment. Staff sent not cation to DLCD in December 2008. The Planning Commission conducted a workshop on the Parks and Recreation Plan. Notification was published in the Woodbum Independent newspaper on January 31, 2009. The Comprehensive Plan states that the Planning Commission should ensure that any changes made in a comprehensive plan are consistent with other goals and policies in the plan. The staff report verified that the changes to the Parks and Recreation Plan would be consistent with the statewide goals and guidelines, the goals and policies of the Woodbum Comprehensive Plan and the WDO. There was discussion amongst the Planning Commission and staff in regards to the lack of park space behind the development southeast of Interstate 5 and recommending to City Council that the new park southeast of I-5 be moved higher up on the priority list. Community Services Director Row explained the time periods that projects were recommended for, and explained that the Planning Commission could recommend reprioritizing certain projects. There was discussion amongst the Planning Commission and staff in regards to the residential zone in northwest section of the Urban Growth Boundary (UGB). Park space may be reprioritized or eliminated. Vice Chairoerson Vancil suggested that the City require a community park instead of a neighborhood park. Planning Commission Meeting February 26, 2009 Page 2 of 4 13 There was discussion amongst the Planning Commission and staff in regards to a Community Cultural Arts Center. Community Services Director Row stated that an Active Recreation Center, Cultural Arts Center, and a library expansion are included in the City's project list. Project priorities will be set by City Council. The Cultural Arts Center is low on the Park Board's priority list. There was discussion amongst the Planning Commission and staff in regards to a new Master Plan and Legion Park improvements. Both projects would be difficult to fund because of the lack of System Development Charges (SDC) that could be used. Community Services Director Row explained that the City could tackle smaller projects in accordance with the Master Plan. There was discussion amongst the Planning Commission and staff in regards to SDC requirements, and an option for developers to donate park land to the City. Community Services Director Row stated that there are proposed text changes in the Comprehensive Plan, Parks and Open Spaces - "Goal" section. Policy L-1.2 is proposed to state: "Where feasible, the City will acquire and develop neighborhood parks, trails and open spaces through the development review process." There was discussion amongst the Planning Commission and staff in regards to parks funding, including parks SDCs, bond measures, utility or parks maintenance fees, or park development fees. Parks SDCs can only be used when adding capacity to the park system. They discussed the public's perception of the City's current parks. Chairperson Bandelow asked if there were any further questions or comments. Chaimerson Bandelow closed the hearing and was open for discussion. ITEMS FOR ACTION Commissioner JenninQS made a motion to approve Final Order for Comprehensive Plan Amendment 2008-01, with the condition that the 2013-2016 priority recommendation to add one park to the southwest area east of I-5 be reprioritized to the 2009-2012 priority recommendation. Commissioner Grosiacoues seconded the motion. ROLL CALL Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Bandelow Yes Vancil Yes GrosJacques Yes Grigorieff Yes Hutchison - Jennings Yes Kenagy Yes Community Development Director Hendrvx requested the Commission Chair sign the Final Order for CPA 2008-01 before the follow City Council Meeting. Planning Commission Meeting February 26, 2009 Page 3 of 4 14 The Planning Commission agreed that Chairperson Bandelow would sign the Final Order before the next scheduled Planning Commission meeting. Community Development Director Hendrvx presented a sample staff report that was created in the new format. REPORTS Community Development Director Hendrvx explained that because of the lack of activity, staff has been reviewing the application process and creating a presentation on signs. He also updated the Planning Commission on the progress of the sign code focus group and the Downtown Plan. There was discussion amongst the Planning Commission and staff in regards to the Urban Growth Boundary expansion and the status of Benevidez Tires. They also discussed having a workshop session on signs and implementing commission rules and polices. The Planning Commission agreed to hold workshop on signs during the first meeting in March and cancel the second meeting. BUSINESS FROM THE COMMISSION There was discussion amongst the Planning Commission and staff in regards to the taxi service on Boones Ferry Road. Planning staff and Code Enforcement have been working with the owners to bring their business into compliance ADJOURNMENT Commissioner Jennin4s moved to adjourn the meeting, Commissioner GrosiacQUes seconded the motion, w,giFh unanimously carried. Meeting adjourned at 9:30 PM. APPROVED EN BANDELbW, CHAIRPERSON ~ Date ATTEST Jim Hefidryx ~ l/~- Community Development Director City of Woodburn, Oregon Planning Commission Meeting February 26, 2009 Page 4 of 4 15 WOODBURN PLANNING COMMISSION MEETING MINUTES March 12, 2009 CONVENED The Planning Commission met in a regular session at 7:00 p.m. in City Hall Council Chambers with Chaimerson Bandelow presiding. Chairperson Bandelow announced that the agenda is available at the back of the room. We will consider items one at a time according to the order listed in the agenda. We will follow the hearing procedure outlined on the public hearing procedure board. All persons wishing to speak are requested to come to the podium and give their name and address. Any individuals speaking from other than the podium will not be recognized. ROLL CALL Chairperson Bandelow P Vice Chairperson Vancil P (Arrived at 7:10 p.m.) Commissioner GrosJacques P Commissioner Grigorieff P Commissioner Hutchison P Commissioner Jennings A Commissioner Kenagy A Staff Present: Jim Hendryx -Community Development Director Jon Stuart -Assistant City Attorney Natalie Labossiere -Senior Planner Don Dolenc -Associate Planner Sasha Sprauer -Administrative Assistant Chairperson Bandelow led the salute to the flag. MINUTES A. Woodburn Planning Commission Meeting Minutes of February 12, 2009. Commissioner Grosiacgues moved to accept the minutes. Commissioner Griaorieff seconded the motion, which unanimously carried. BUSINESS FROM THE AUDIENCE None. COMMUNICATIONS A. Woodburn City Council Meeting Minutes of January 26, 2009 B. Executive Session Woodburn City Council Meeting Minutes of January 26, 2009 No comments were made. DISCUSSION ITEMS A. Staff Presentation of Permitted Signs by Zoning District Planning Commission Meeting March 72, 2009 Page 7 of 4 16 Community Development Director Hendrvx informed the Planning Commission that a Planning Commission subcommittee had reviewed and recommended procedures and rules of conduct for the Commission. The modifications are in review with legal council. Community Development Director Hendrvx distributed a packet of information that outlined the allowable signs in each zoning district according to the Woodburn Development Ordinance (UNDO>. Community Development Director Hendrvx began his presentation with an overview of what signs are allowed in Commercial Office (CO) zone. He presented a chart that detailed each type of sign allowed in the zone, a pictorial building profile that displayed all of the signs allowed in the zone, and photo examples found throughout the City. Community Development Director Hendrvx stated that each building is allowed to have wall signs that can cover up to 4% of the building fagade. They can be internally or externally illuminated There was discussion amongst the Planning Commission and staff in regards to whether murals and logos are signs. Assistant Attorney Stuart explained that the City must be content neutral in their deasions regarding signs. He also stated that many of the signs found throughout the community may be allowed as non-conforming signs. Community Development Director Hendrvx stated that a location is allowed up to two monument signs, depending on street frontage. The size of monument signs is dependent on location size. There was discussion amongst the Planning Commission and staff in regards to the height restrictions for monument signs. Community Development Director Hendrvx explained that the WDO allows permanent signs that are exempt from permits. Each building is allowed two small wall signs, window signs, and up to three additional free standing signs. There was discussion amongst the Planning Commission and staff in regards to the amortization of signs. Assistant Attorney Stuart explained that amortization is a policy choice that requires justifiable findings. Community Development Director Hendrnc presented photo examples of permanent signs that are exempt from permits, which included menu boards and directories. There was discussion among the Planning Commission and staff in regards to identifying menu boards and directories by their content. Size and location, purpose, and signs by business type may ,be alternatives for regulation. Community Development Director Hendrvx explained that directional signs, federal and state required signs, and up to two flags are all allowed without permits. Chairperson Bandelow stated that flags should be defined by flag type Planning Commission Meeting March 12, 2009 Page 2 of 4 17 Community Development Director Hendrvx explained the types, sizes and timeframe of temporary signs allowed by the WDO, and presented photo examples. There was discussion among the Planning Commission and staff in regards to allowable and prohibited signs. Vice Chairoerson Vancil suggested that the City include an informational packet on signs when a customer receives a business license. There was discussion among the Planning Commission and staff in regards to the allowable square footage a complex or building is permitted to have. Buildings with multiple tenants must split signage at their discretion. Community Development Director Hendrvx explained what types of signs are allowed in the Commercial General (CG) zone. He presented a chart that detailed each type of sign allowed in the zone, a pictorial building profile that displayed all of the signs allowed in the zone, and photo examples found throughout the City. Associate Planner Don Dolenc explained the difference between awnings and canopies. Awnings provide weather protection for pedestrians, while canopies provide weather protection for patrons in automobiles. Community Development Director Hendrnc explained what types of signs are allowed in the CG zone with Type II Design Review, including pole signs, primary and secondary monument signs, and reader-board signs. There was discussion amongst the Planning Commission and staff in regards to pole signs. Associate Planner Don Dolenc explained that non-conforming signs must be brought into conformity if the tenant space is subject to a Type II or Type III Design Review, Conditional Use, or sign permit; or the property changes use, is vacant for 180 days, or if the sign is removed for 60 days. _Community Development Director Hendrvx explained the different sizes and heights various signs could be in the CG zone, depending on frontage. He also presented pictorial building profiles that displayed all of the permanent exempt and temporary signs allowed in the zone and photo examples found throughout the City. There was discussion amongst the Planning Commission and staff in regards to temporary signs. REPORTS None. BUSINESS FROM THE COMMISSION Vice Chairoerson Vancil stated that he attended a Historic Downtown Neighborhood Association meeting and they were interested in the progress of the Downtown Plan. Communi Develo meat Director Hend explained that the City is working with a consultant and a Stakeholders Working Group (SWG) that will guide the plan. The City held an open house Planning Commission Meeting March 12, 2009 Page 3 of 4 T8 and the consultant used the comments and recommendations made by the general public and drafted them into the Downtown Plan, to be reviewed by the SWG. There was discussion amongst the Planning Commission and staff in regards to the mailing parameters for the downtown project. The City would mail through the association and consider expanding the Historic Overlay District. There was discussion amongst the Planning Commission and staff in regards to the taxi service on Boones Ferry Road. Planning staff and Code Enforcement have been working with the owners to bring their business into compliance. ADJOURNMENT adjourned at 8:20 PM. APPROVED CHAIRPF~2SON 'Date ATTEST Jim Hendryk Community Development Director City of Woodburn, Oregon Planning Commission Meeting March 72, 2009 Page 4 of 4 19 Minutes Woodburn Recreation and Parks Board Tuesday, April 14, 2009 7:00 p.m. 2. Call to Order The meeting and was called to order at 7:00 p.m. Rosetta Wangergin; Board Chair was absent, Eric Morris; Boazd Secretary conducted the meeting. Roll Call Boazd Chair Board Secretary Member Member Member Member Member Rosetta Wangerin Absent Eric Morris Present Joseph Nicoletti Absent Judy Wesemann Absent Vacant Absent Charlene Williams Present Alexa Morns Present 4 5. Page 1 Staff present: Jim Row, Community Services Director; Debbie Wadliegh, Aquatic Manager; Services Manager; Paulette Zastoupil, A.A; Approval of Minutes from March 10, 2009 No quorum Business from the Audience None. OLD BUSINESS Parks and Recreation Master Plan Jim updated the Board on the Master Plan process; on February 26`h it was presented to the Planning Commission at a public hearing. The Planning Commission forwarded it to Council with one change. During the March 23`d City Council public hearing, the Council heazd significant public comment and controversy surrounding the Mill Creek Greenway plan, and its inclusion in the Master Plan. The Council decided to keep the heazing open until the April 27 meeting. Jim explained that the Mill Creek Greenway issues would need to be resolved before they would be prepazed to continue the hearing; therefore, it is planned that it will remain open until the May 11 Council meeting. Mill Creek Greenway - Jim reported that the Council directed staff to host a public meeting with the Mill Creek Greenway neighbors. Meeting notices were then sent to approximately 550 Mill Creek Greenway residents, informing them that a meeting is scheduled for Thursday, April 16, at 6:00 pm in the City Hall Council Chambers. Jim stated that at this meeting he will explain the details of the project, including the process that has occurred to date. Discussion will then center around current public safety issues and concerns related to the potential negative public safety impact of developing the trail project. The City plans to work closely with the residents to develop solutions to their concerns. The staff plans to provide an update to the 20 Minutes Woodburn Recreation and Parks Board Tuesday, April 14, 2009 7:00 p.m. Council at the April 27 meeting, and ask them for direction on the project. Discussion took place on the common issues of new trails in a community. Richazd Moms Richard lives by the pond and stated that he is in favor of the Greenway, but felt that some of the planning is faulty. He shared that a natural walking path already exists under the Oregon Ash trees and that he mows the grass during the fair weather months. He would like the project to continue but would like to modify the plan to have options. 6. NEW BUSINESS None Business from the Department Recreation -Stn Spence Board received a written report. Jim played a brief video from the April 9 Egg Hunt that Paulette produced and posted on the Recreation and Parks website. Aquatics -Debbie Wadleigh The HVAC replacement project is still on track, with installation scheduled for April 27~'. The Aquatic Center is scheduled to close from April 26 -May 10 in which the annual maintenance will also take place along with the HVAC replacement. Debbie reported that the concrete slab had been poured, and electricians have already been in doing their prep work for the installation. Spring break was busy, and there were 100 participants in swim lessons. The Summer Out and About brochure will be mailed by May 20~'. Discussion took place on the parking issues during large events. Parks and Facilities -Jim Row Centennial Park Jim shared the drawing of the final plan of Centennial Park and pointed out the primary elements; fourth ball field, walk/run trail loop, picnic shelter, basketball court, concession stand, dog park and maintenance building. Funding has been requested from SDC monies through the budget process, Baseball Tomorrow Grant Fund, State of Oregon Local Government Grant program, which is funded by lottery dollars and Burlingham Trust. Also, there may be a possible contribution of labor by the National Guard to build the picnic shelter and maintenance building. He stated that if the full level of funding was developed, the whole plan would be implemented, if not, we would have to go through a process or prioritizing the elements to be completed. Discussion took place on parking and lighting the sports fields. Jim shared that he has been looking at stimulus funding opportunities and was able to get Centennial Park on the federal radar as a shovel ready project. Jim is also exploring an Energy Efficiency Block Grant program, through the Oregon Department of Energy that could potentially fund the lighting component. Page 2 21 Minutes Woodburn Recreation and Parks Board 'T'uesday, April 14, 2009 7:00 p.m. 8. Future Board Business None. 9. Board Comments Eric Morris and Alexa Morris took the opportunity to encourage citizens to support the School Bond Measure and vote on May 19, 2009. Eric encouraged citizens to attend our Recreation and Park Board meetings. 10. Adjournment 8:15 p.m. Eric Morris, Board Secretary Date Paulette Zastoupil, Recording Secretary Date Page 3 22 CI TY OF WOODS tJRN Community Development MEMORANDUM 270 Montgomery Street Woodfium, Oregon 97071 (503) 982-5246 Date: April 14, 2009 To: Jim Hendryx, Community Development Director From: Building Division Subject: Building Activity for March 2009 2007 2008 2009 No. Dollar Amount No. Dollar Amount No. Dollar Amount Single-Family Residential 4 $787,132 2 $483,336 0 $0 Multi-Family Residential 0 $0 21 $7,292,144 0 $0 Assisted Living Facilities 0 $0 0 $0 0 $0 Residential Adds & Alts 5 $124,200 3 $69,790 4 $83,500 Industrial 0 $0 0 $0 3 $420,700 Commercial 11 $2,812,800 10 $479,330 5 $316,553 Signs and Fences 0 $0 1 $1,500 1 $8,000 Manufactured Homes 0 $0 0 $0 1 $19,500 TOTALS 20 $3,724,132 37 $8,326,100 14 $848,253 Fiscal Year to Date (July 1- June 30 ;15,407,940 $32,425,018 $7,848,867 c~cammurriy osveioPmax~euudlnp~sufidrc,e ncOvity181dgAct-zoos~e~dg aaiwry - Memostmsmo March 2009.doc 23 PLANNING PROJECT TRACKING SHEET' Revised: Monday, Apti120, 2009 Project Applicant Desaiption Staves: Date Deemed 120 Day Planner Received Complete. Comp Date SiteLocation: CPA 2008-01 City of Amend the Comp. Plan Received 12/2912008 Natalie Referrals Faa6lies Mail Notice Notice to Post SU Rpt Due PC Hearing PC Final Appeal Meeting for PC Paper Property Admin Dec. Order Deadline 0210612009 01/3112009 0212612009 Woodburn • to adopt the revised Labossiere Community Parks and Reaeation Services Master Plan as asub- exhbit. FSUB 2008-01, Steve Final Subdivision Received 09103@008 Don Oolenc 0911212008 Farnsworth- approval Welkin 344 Hardcastle Ave. Engineering LA 2007-02, City of Legislative Amendment Received 1112612007 Natalie Woodburn Period Review Remand - Labossiere Street City of Woodburn LA 2007-03, City of Legislative Amendment Received 11/26/2007 Natalie Woodhum Labosslere 270 Montgomery St. 05/24/2008 05/24/2008 06I05C2008 06/13/2008 06/13/2008 06/26/2008 Page 1 of 1 `. 24 PLANNING PROJECTS (INCO~IIPLETE ! HC~t,©) R®vised: Monday, Apri12O; 2009 Project AppNcant SiteLocation: Description Status: Date Received Incomplete Ltr Sent Out 120-App Received 180-Expiration: Planner BL 2009-42, Bernard Zoliner 17109 ML View LN NE Saturday market Incomplete 04/1412009 8/1212009 10111/2009 Don Dolenc PAR 2008-07, Theron Covey, Churchill 417 Gatch Sfreet Partition property into 2 parcels Hold by Applicant 09I1012~8 101212008 11812009 03109!2009 Don Dolenc Leonard PAR 2009-01, EXCP 2009-02 Alliks Cam 1409 Hardcastle AV split one property into three Incomplete 03/17/2009 4/1/2009 7/15/2009 0911312009 Don Doler-c bts PUD 2006-01, ZC 2006-01, Boones Crossing, LLC - CU 2006-04 CPC 2007-01 Mik H k Parcels 1, 2 8 3 of Partition Modifications tD Boones Irxrompk:te 10/31/2006 2128/2007 0412912007 Natalie Labossiere , e an s Plat2006-55 Crossing PUD Page 1 of 1 25 Type I Applications App Complete / Pre-App Memo Folder Name Applicant Project / PreApp Mtg - SiteLocation Description Date Recd: Complete Status: Planner: ~.. BL 2009-42 Bernard Zollner Mountain View 17109 Mt. View LN summer through fall Saturday market 04/14/2009 Incomplete Don Dolenc Gardens NE (sales fo herbs, vegetables, fruit and nuts) BL 2009-44 Susan M. Coyote Creek Pizza, 1537 Mt. Hood AV p'IZZa sales 04/17/2009 Don Dolenc McCloskey LLC STER 107 FPUD 2007-02 Bryan Cavaness Boones Crossing Dahlia Street and 07/12/2007 Don Dolenc Phase III Brown Street FSUB 2008-01 Steve Castle Court 344 Hardcastle Ave. final subdivision plan approval 09/03/2008 Received Don Dolenc Farnsworth- Subidivision Welkin Engineering TMKT 2009-02 Carmen Cruz Carmen Cruz plaza farmers market at the Woodburn Plaza 03/20/2009 Don Dolenc BL =Business License CXT =Extension FPUD =Final PUD SIGN =Sign Permit TMKT =Temporary Marketing Permit TSP -Temporary Sign Pemul PAPP -Pre-Application FNC =Fence Perrnit PLA =Property Line Adj Mandayr April 20, 2009 26 Activity Report - March 10 2009 to April 19 2009 Folder Name Applicant Project SiteLocation Description Date Recd: App Comple Status: Planner: BL 2009-25 Advanced Advanced Finishing contractor sales and installation of powder and 03!11/2009 03/17/2009 Approved Natalie Labossie Finishing Systems, Inc. paint equipment Systems -Steve Edmondson BL 2009-26 Florin Drutu Delta Remodeling contractor remodeling -flooring, carpentry, 03/16/2009 03/18/2009 Approved Don Dolenc painting, etc. BL 2009-27 Dalila Vavarro La Malagena 397 N Front ST bar 03!1812009 03/25/2009 Approved Don Dolenc BL 2009-28 Erica Williams c/o Coach 1001 Amey RD STE retail of handbags and accessories 03/20/2009 03/24/2009 Approved Natalie Labossie Coach 910 BL 2009-29 HVAC Inc. - Jce HVAC Inc. contractor HVAC (mechanical) contractor 03127/2009 03/30/2009 Approved Don Dolenc Laski BL 2009-30 Connie Lou Bonn Connie Bonn Jewelry 1469 Ten Oaks LN jewelry manuatacturing 03/30/2009 04101/2009 Approved Don Ddenc BL 2009-31 Charles Lewis CL Rase Construction contractor construction company 03/30/2009 04/01!2009 Approved Don Ddenc Rose BL 2009-32 Oscar Perez Oscars Used Cars 2778 Revere ST used car sales 03/31/2009 04/01/2009 Approved Don Ddenc Barron BL 2009-33 Reymunda Reymunda's Cleaning 450 Bryan ST home Leaning service 03/31/2009 04101/2009 Approved Don Ddenc Arellano BL 2009-34 Allied Barton Allied Barton Security contractor security guard service provider 04/01/2009 04/01/2009 Approved Don Ddenc Security Services Services, LLC LLC BL 2009-35 Alan James Voll Alan Voll Painting contractor general contractor 04/03/2009 04106/2009 Approved Don Dder-c BL 2009-36 Blaine Donn Taylor Restaurant contractor construction 04/07/2009 04!09/2009 Approved Don Ddenc Taylor Equipment BL 2009-37 Arzner The Cleaning Authority 2215 Country Club RD residential house Leaning 04/13/2009 04/17/2009 Approved Don Ddenc BL 2009-38 Richard Bosch Heinz Mechanical Inc. contractor mechanical and plumbing services 04/13/2009 04/17/2009 Approved Dort Ddenc BL 2009-39 Johnny Guzman Team Guzman 289 Harvard Drive mobile motorcycle repair, home 04/1312009 04/17/2009 Approved Don Ddenc occupation BL 2009-40 Oxi Fresh Northwest contractor carpet and upholstery cleaning 04/1312009 04/17/2009 Approved Don Ddenc BL 2009-41 Floratine Tun` 549 Bailey St golf course soil testing and fertilizer 04/13/2009 04/17/2009 Approved Don Ddenc Commander sales Monday, April 20,1009 BL =Business License EXT = Extension SIGN =Sign Permit TMKT =Temporary Marketing Permi t TSP =Temporary Sign Permit PAPP = Prc-Application FNC =Fence Permit 27 Folder Name Applicant Project SiteLocation Description Date Recd: App Comple Status: Planner: BL 2009-42 Bernard Zollner Mountain View 17109 Mt. View LN NE summer through fail Saturday market 04/14/2009 Incomplete Don Dolenc Gardens (sales fo herbs, vegetables, fruit and nuts) BL 2009-43 Linda Lee Parker Parker Fire contractor fire protection contractor 04/15/2009 04/17/2009 Approved Don Dolenc Protection, Inc. BL 2009-44 Susan M. Coyote Creek Pizza, 1537 Mt. Hood AV pizza sales 04!17/2009 McCloskey LLC STER 107 EXT 2009-02 Keith Rose Keith Rose 845 E Lincoln ST extension to obtain financing 03/31/2009 FNC 2009-05 Francisco Juan Francisco Juan Reck 770 Second ST 5 wood fence at rear and sides of 03/11/2009 Reck property FNC 2009-06 Margaret Sawyer Margaret Sawyer 2303 Miller Farm RD add 5' high fence approx 18' from curb 03/13/2009 FNC 2009-07 Mary E. Cornwell Mary E. Cornwell 417 N Second ST wood and tin fence along w. property 03/17/2009 line approx. 35 ft long FNC 2009-08 Patrick Ferguson Kathy Houser 280 Jana CT 7' fence within 6" of property line 03!31/2009 FNC 2009-09 Randy Degiovanni Randy Degiovanni 1266 Princeton Road 7' fence along rear and side property 04/01/2009 line FNC 2009-10 SIGN 2009-10 SIGN 2009-11 TMKT 2009-02 TMKT 2009-03 TSP 2009-03 TSP 2009-04 Flora Flores Flora Flores Vazquez 1004 Country LN 4' to 5' fence 04/16/2009 Vazquez David Weinstein - United Pacific Forest 2550 Progress WY Owner Products Ben piper Woodburn Fertilizer - 868 Front ST Branch of Wilbur Ellis Carmen Cruz Carmen Cruz plaza Elias Villegas Chemeketa 120 E Lincoln ST Community College Woodburn Woodburn Company 1001 Amey RD Company Stores - Stores Kristy Kummer R. Ivan Caballero Cinco De Mayo 611 N Pacific HY Taqueria #2 03!31 /2009 Approved 03/11/2009 Approved 03/13!2009 Approved 03/17/2009 Approved 03/31/2009 Approved 04/02/2009 Approved 04!16/2009 Approved new 5' x 20' non-illuminated wall sign 03/18/2009 03/18/2009 Approved (1)4'x8'wallsign 03/27/2009 03!27/2009 Approved farmers market at the Woodburn Plaza 03/20/2009 Cinco De Mayo celebration on May 1st 03!25/2009 and 2nd (1) 400' temporary banner displayed for 03!12/2009 (1)15-day period beginning 3/20/09 through 4/4/2009 50 total square footage of balloons, 04!08!2009 streamers and pennants to be displayed from 4-22-09 through 5-7-09 04/06!2009 Approved 03/13/2009 Approved 04/08/2009 Approved Don Dolenc Don Dolenc Don Dolenc Don Dolenc Natalie Labossie Don Dolenc Don Dolenc Don Doenc Don Dolenc Don Dolenc Don Dolenc Don Dolenc Don Dolenc Don Dolenc Mandav, Aprit 20, 1009 BL =Business License EXT =Extension SIGN =Sign Permit TMKT =Temporary Marketing Permit TSP =Temporary Sign Permit PAPP =Pre-Application FNC =Fence Permit 28 /~ W ODBURj~J 1 IICOII~C Id till 1 $R ~ April 27, 2009 TO: Honorable Mayor and City Council through City Administrator FROM: Dan Brown, Director of Public Works SUBJECT: AUTHORIZATION TO ENTER INTO A COOPERATIVE IMPROVEMENT AGREEMENT WITH THE OREGON DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF EVERGREEN TRANSIT FACILITY AND ASSOCIATED IMPROVEMENTS TO EVERGREEN ROAD ACTION: Authorize the City Administrator to execute a Cooperative Improvement Agreement (CIA) No. 25,169 with the Oregon Department of Transportation for the construction of the Evergreen Road Transit Facility and associated improvements to Evergreen Road. BACKGROUND: The Council was presented with a draft copy of CIA No. 25,169 with the Oregon Department of Transportation (ODOT) for review at the April 13, 2009 Council meeting. No changes to the draft CIA were received from the Council. Authorization to proceed with this CIA will allow ODOT and the City to proceed with the design and construction of a Transit Facility in the vicinity of the Woodburn Interchange. The scope of this project also includes improvements to Evergreen Road from OR 214 north to County Club Court. DISCUSSION: The Evergreen Transit Facility (I-5 at OR 214/219 Woodburn interchange) has historically been referred to as the Park and Ride Lot Project. This project is more to the City of Woodburn than a Park and Ride Lot. It will serve as a transit connection point for our loco) Woodburn Transit and other regional transit providers. The Project will provide an integrated alternative mode facility at the Woodburn Interchange. The Project site has been approved in the Woodburn Interchange Management Plan (November, 2005 on pages 7-3 and 9-1). The Agenda Item Review: City Administrator.~~--"city Attorney Finance 29 Honorable Mayor and City Council April 27, 2009 Page 2 Project will include amenities, such as shelters and landscaping, consistent with the Woodburn Development Ordinance and "gateway" location of the new facility. FINANCIAL IMPACT: This Project is being paid for by funds currently allocated to the Woodburn Interchange Improvement Project and is currently estimated at $7,700,000. Within the Woodburn Interchange Improvement Project funds allocation is $2,500,000 of City of Woodburn match. The total City match for the Interchange Improvement Project is $8,000,000, with the remaining $5,500,000 not due until the Interchange construction is completed. 30 % \~ DBUR ~~~ Wo N Inrurpcrartrl IRR9 April 27, 2009 TO: Honorable Mayor and City Council through City Administrator (Acting as Local Contract Review Board) FROM: Dan Brown, Public Works Director SUBJECT: AWARD OF CONSTRUCTION CONTRACT MILL CREEK PUMP #2 REPLACEMENT BID #2009-06 RECOMMENDATION: That the City Council award the construction contract for the Mill Creek Pump #2 Replacement in the amount of $119,400.00 BACKGROUND: Bids for the Pump Replacement were opened on April 9, 2009. Five responsive qualified bid proposals were received. No. Name Amount 1. Pacific Rim Contractors LLC $119,400.00 2. Stettler Supply Co. $131,575.00 3. Schneider Equipment Inc. $152,100.00 4. Triad Mechanical Inc. $177,063.00 5. PCR Inc $312,500.00 Engineer's Estimate $86,600.00 DISCUSSION: The Project, as approved in the 2008/09 Capital Improvement Project budget, Involves Installation of the 215hp Flygt pump that was purchased in the 2007/08 budget. The pump replaces the last of the original Morris Pumps installed in 1979. Agenda Item Review: City Administra City Attorney Finance 31 Honorable Mayor and City Council April 27, 2009 Page 2 Upon review, all bids were determined to be responsive. The Engineer's Estimate was determined to low due to the omission of some key job elements required to complete the project as specified. The Engineer's Estimate under estimated the cost of providing temporary diversion of wastewater into the wet well during maintenance of the wet well and installation of new piping and valves. The omission of key job elements and the under estimating of the wastewater diversion are attributable to the responsive bids being in excess of the Engineer's Estimate. The Contract award is in conformance with public contracting laws of the State of Oregon as outlined in ORS 279C and the laws and regulations of the City of Woodburn. Staff is recommending that the contract be awarded. FINANCIAL IMPACT: The Project will be using funds approved in Sewer Construction X465) identified in the 2008/09 fiscal year. 32 yr~~ ~TooDSV~N lnturpprated lBF9 April 27, 2009 TO: Honorable Mayor and City Council through City Administrator FROM: Dan Brown, Public Works Director SUBJECT: YOUNG STREET RESURFACING LANE CONFIGURATION APPROVAL ACTION: Council by motion, provide the Public Works Department approval of the following lane configuration for the Young Street resurfacing project: Travel Lanes in each direction 11 feet in width Center turn lane 10 feet in width Bike lanes in each direction 5 feet in width BACKGROUND: The City has received stimulus funding from the American Recovery and Reinvestment Act of 2009 for the resurfacing of Young Street from Front Avenue to Highway 99E. Design and preparation of contract documents is underway and the City must provide design input for final lane configuration after resurfacing work has been completed. DISCUSSION: Young Street functions as a minor arterial within the City's surface transportation system. The actual right of way for Young Street does not conform to the street standards established in the City's Transportation System Plan. Public Works Department recommends a design exception for Young Street that would include modification to lane widths as specified above. Agenda Item Review: City City Attorney/ /yJ Finance 33 Honorable Mayor and City Council April 27, 2009 Page 2 The recommended lane configuration also will eliminate on street parking along Young Street. The street standard for an arterial street does not provide for on street parking. Young Street, in addition to being a minor arterial, is the gateway to the Historic Downtown area from the east and Highway 99E. Young Street will function more efficient as a minor arterial and provide a more attractive avenue to the Downtown area with the lane configuration recommended by the Public Works Department. FINANCIAL IMPACT: This resurfacing project is being funded by stimulus grant under the American Recovery and Reinvestment Act of 2009. 34 ~.~„ ~~ PTO DBURj~j ~~~ ln,orpo~ataA X889 April 27, 2009 TO: Honorable Mayor and City.Council through City Administrator FROM: Jim Hendryx, Community Development Director SUBJECT: Continue Woodburn Parks and Recreation Master Plan Public Hearing to May 11, 2009 City Council conducted a public hearing on the Woodburn Parks and Recreation Master Plan on March 23, 3009 where several issued were discussed regarding the Mill Creek Trail Project. Council voted to continue the public hearing until the 2nd meeting in April to allow staff to address several issues raised during the March 23, 2009 hearing. Additionally, the Council requested that staff meet with the Mill Creek neighborhood to further discuss issues raised at the hearing concerning the Mill Creek trail project. The neighborhood meeting was conducted on April 16, 2009 and staff will be reporting the results of that meeting separately to Council. Staff request that City Council opens the public hearing and continues it until May 11, 2009 to allow staff additional time to address issues raise at the neighborhood meeting and by City Council. Agenda Item Review: City Administrator City Attorney Fnance 35 . ~,~!• ~ ,__ Inco.porn~ad IPF9 April 27, 2009 TO: Honorable Mayor and City Council FROM: N. Robert Shields, City Attorney SUBJECT: Ordinance Cleanup COUNCIL GOAL: Refine City Policies. Complete long-range financial plan; create clear municipal regulations and codes for greater understanding and eliminate unnecessary over-regulation. RECOMMENDATION: Pass the attached ordinance. BACKGROUND & DISCUSSION During the last few years, with the assistance of City departments and at the direction of the City Council, my office has updated most major ordinances. The Animal Control Ordinance, Traffic Ordinance, Noise Ordinance, Nuisance Ordinance, Public Contracting Ordinance, Transportation SDC Ordinance, Library Exclusion Ordinance, Newsrack Ordinance, Graffiti Ordinance, and Housing Code Ordinance have all been completely redrafted. Additionally, we are in the process of assisting various City departments with major revisions of the Sign Ordinance, Peddlers Ordinance and Alarm Ordinance. While Woodburn has been active with major ordinance revisions, there is still a need to make the ordinance compilation book more "user friendly". Recently, in establishing new goals for the Cify, one of the City Council objectives was to "create clear municipal regulations and codes". One facet of achieving this objective is ah overall "clean up" of the ordinance book. The goal is to make ordinances easier to use by the City Council, staff and members of the public. The "clean up" ordinance attached to this staff report repeals: (1) the Civil Defense Ordinance (replaced by Emergency Plan adoption), (2) the Extension of Water/Sewer Line Ordinance (replaced by the Reimbursement District Agenda Item Review: City Administrat City Attorney Finance 36 Honorable Mayor and City Council April 23, 2007 Page 2 Ordinance) (3) the Abandoned Vehicle Hearing Officer Ordinance (replaced by state law provisions, and (4) the Urban Growth Boundary Agreement with Marion County (replaced by a new agreement). FINANCIAL IMPACT: None. 37 COUNCIL Blll NO. 2771 ORDINANCE NO. AN ORDINANCE UPDATING THE CITY ORDINANCE COMPILATION 8Y REPEALING CERTAIN UNNECESSARY ORDINANCES. WHEREAS, the City of Woodburn has revised and redrafted most major City Ordinances during the last few years; and WHEREAS, other major Ordinance revisions are proceeding and this is an ongoing process; and WHEREAS, in addition to major Ordinance revision it is important to make the Ordinance compilation book more "user friendly" by repealing certain unnecessary Ordinances; and WHEREAS, this Ordinance "clean up" is consistent with the City Council's recently adopted goal of creating clear municipal regulations and code; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Ordinance 1000, the Civil Defense Ordinance, having been replaced by the adoption of the Woodburn Emergency Plan, is hereby repealed. Section 2. Ordinance 1515, the Extension of Water/Sewer Line Ordinance, having been replaced by the Reimbursement District Ordinance, is hereby repealed. Section 3. Ordinance 1840, the Abandoned Vehicle Hearing Officer Ordinance, having been replaced by applicable state !aw provisions, is hereby repealed. Section 4. Ordinance 2021, the Urban Growth Boundary Agreement with Marion County Ordinance, having been replaced by the adoption of a new Urban Growth Boundary Agreement with Marion County, is hereby repealed. Approved as to form: ~ ~~ ` Z~ ~~~ I City Attorney Date Page 1 - COUNCIL BILL NO. 2771 ORDINANCE NO. 38 Approved: Passed by the Council Kathryn Figley, Mayor 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. 2771 ORDINANCE NO. 39 Wo~ DBV_ N In; orpcrarrA a8F9 ~~ry~'_'„ April 27, 2009 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Hendryx, Community Development Director, Natalie Labossiere, Senior Planner SUBJECT; Establishing a Housing Rehabilitation Program and a Downtown Woodburn Business Improvement Program. COUNCIL GOAL: Promote Economic Development -complete the economic development plan in partnership with the Chamber of Commerce; revisit the City's economic strategy regarding business attraction, retention, and sustainability. RECOMMENDATION: Approve the attached resolution authorizing the City Administrator to sign the attached agreement between the Mid-Willamette Valley Council of Government (COG) and the City of Woodburn for contracting services for the housing rehabilitation program. BACKGROUND: In the late 80's, Woodburn had an active Housing Rehabilitation Program offering low or no interest loans and grants to residents of the City with incomes below median income. Funding for the program came from the Community Development Block Grant (CDBG) and the program ended in 1999 when all monies were loaned out. Through loan payoffs the City currently has a housing rehabilitation fund of approximately $674,585. This income is divided into two categories, restricted (program income) and unrestricted income, based on contract requirements when the grants were originally awarded. Restricted income ($453,305) is income received from grant years 1993 or later, totalling more than $25,000 in a single year. This income is restricted in that the City is required to use this income to continue a rehabilitation program. Unrestricted income is income from principal and interest on loans made using CDBG funds prior to the grant year 1993. There is approximately $221,280 of unrestricted income that could be used for any purpose; however it is proposed to use the funds for a Woodburn business improvement program. Agenda Item Review: City Administra City Attorney Finance 40 Honorable Mayor and City Council June 25, 2007 Page 2 DISCUSSION: Currently there is approximately $453,305 of restricted program that is required to be utilized for a housing rehabilitation program. The City intends to reestablish the Housing Rehabilitation Program and to contract with the COG to manage Woodburn's Housing Rehabilitation Program. The program will provide simple interest loans to low- and moderate income households to rehabilitate their homes. The maximum loan amounts per household will be $12,500; it is the intent of the City to initially target the program towards residents with low to moderate income within an area encompassed by the Downtown Woodburn, Settlemier Avenue, Young Street corridor, and Hwy 214 (See attached map). Separately, with City Council's direction, it is proposed to use the unrestrictive funds ($221,280) for a Woodburn business improvement program. This program will be discussed separately from the housing rehabilitation program. FINANCIAL IMPACT: The cost of paying for the COG housing specialist is approximately $64/hr. This cost is in addition to the City's yearly dues to the COG of $10,302. C:\Documents and Settings\dianetr\Local Settings\Temporary Internet Fles\OLKAAB\CC memo Rehab program_revised.doc 41 A ya~ ~ ~ Q{ ~ N_ 5 ~ ~ ~ Q ~ "~ eo W ~ yV ~ ;~ ~. 0Q ~ a~~d ° S 3.;ye;.~ ' 4.. ~a ~ '~ of D ~ "~ -e a o m ~ .`~ ~ i_. p S a ~8 ~~~~ ~~~~QO a ~®®~, - ~ u ~, 7~ z a ~ ~~ ~~`` ,,, a - , _~~ ,~/j f/~~ _, a I 4; _- a -.~::t, `:~~ F 4~ . ,;, ` x. ```~. C1. f o. .~, _ r...~ ,~~-~1 _~_::~~ ~~ a _ ~. of ~. 1 ~-. ~i~~^ „~ 1 ~~ {! :R ~1~ j`~ j r' ~ Y w j'+ `a ~ 4 ~ ~ T :: ° ~~~r :~: o ~~ ~~ V.~u ~u ~°''. ~;i~a~ COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION ENTERING INTO AN AGREEMENT FOR HOUSING REHABILITIATION SERVICES WITH THE MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS AND AUTHORIZING THE CITY ADMINISTRATIOR TO SIGN SAID AGREEMENT. WHEREAS, the City previously operated a housing rehabilitation program with funds received from a Community Development Block Grant; and WHEREAS, the City currently has a rehabilitation fund with income from principal and loans from previous housing loans; and WHEREAS, the City is required to use this program income to continue a rehabilitation program in the community that complies with federal requirements; and WHEREAS, the City wishes to contract with the Mid-Willamette Valley Council of Governments for a housing specialist that will assist the City in the operation and management of a program of awarding and managing grants and loans to eligible homeowners for the purpose of rehabilitating their homes, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an Agreement with the Mid-Willamette Council of Governments for housing rehabilitation services, which is affixed hereto as Attachment "A" and incorporated herein. Section 2. That the City Administrator is authorized to sign said agreement on behalf of the City. Approved as to form: ~~ ~~ ~~ ~O ~~ 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. RESOLUTION NO. 43 AGREEMENT FOR HOUSING REHABILITATION SERVICES THIS AGREEMENT, made and entered into, by and between the Mid-Willamette Valley Council of Governments, a voluntary intergovernmental association created by Charter and Agreement pursuant to ORS Chapter 190 (hereinafter "COG") and the City of Woodburn, an Oregon municipality (hereinafter "City"). WITNESSETH: WHEREAS, City wants to re-establish a Housing Rehabilitation Program and has a need for COG's services to administer said program; and WHEREAS, COG is able to provide Housing Rehabilitation services to City; NOW, THEREFORE, in consideration of the terms, conditions, compensation and performances contained herein, the parties hereto do mutually agree as follows: 1. Effective Date and Duration: This Agreement shall become effective on the date that this Agreement has been signed by both parties. Unless terminated or extended, this Agreement shall expire when the City accepts COG's completed performance or on Apri130, 2010, whichever date occurs first. 2. Termination: This Agreement may be terminated at any time by mutual, written consent of the parties or for convenience by either party upon written notice to the other party of 30 calendar days. 3. Scope of Work: A. COG agrees to provide Housing Rehabilitation services to City and assist City in the operation and management of a program of awazding and managing grants to eligible homeowners for the purpose of rehabilitating their homes. B. COG's Housing Rehabilitation services under this Agreement shall consist of the following: (1) Review program documents and rules, and make recommendations to City regarding desirable administrative changes; (2) Reseazch and document eligibility of grantees; (3) Develop contracts with contractors and loan documents with homeowners as provided in City rules; Page 1 of 4 -Agreement for Housing Rehabilitation Services Council of Governments -City of Woodburn ATTACHMENT Page ~ of 44 (4) Inspect houses and prepaze work specifications and preliminary cost estimates in accordance with applicable standards and codes; (5) Assist homeowners in the selection of contractors; (6) Monitor the performance of contractors; (7) Review and recommend approval of contractor payment requests; (8) Attempt to resolve disputes between homeowners and contractors, (9) Create and maintain files for each case; (10) Assist City with documents needed for a future Oregon Community Development Block Grant housing grant application; and (11) Provide other program related assistance as may be requested by City. 4. Standard of Care: In the performance of its services, COG shall use that degree of care and skill ordinazily exercised under similar circumstances by entities performing similar services in the State of Oregon. 5. Payment: A. City agrees to compensate COG for the services of a Housing Rehabilitation Specialist at the hourly rate of $64.00 and the services of loan service support staff at the hourly rate of $41.50. B. COG shall provide monthly billing statements to City that clearly identify activities and hours charged. 6. Indepnendent Contractor. COG states and affirms that it is acting as an independent contractor, holding itself out to the general public as an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. City is interested only in the results to be achieved; all conduct and control of the work will lie predominantly with COG. COG is not to be considered an agent or employee of City for any purpose, and the employees of COG are not employees of City nor entitled to any of the benefits that City provides its employees. Page 2 of 4 -Agreement for Housing Rehabilitation Services Council of Governments -City of Woodburn ATTACHMENT ~_ Page ~ of ~_ 45 7. Indemnification. City agrees to indemnify and save harmless COG, its officers, employees and agents from any and all claims, demands, suits and legal actions including appeals arising out of or in connection with City's performance of work or work product under this Agreement; provided, however, that City shall have no obligation with respect to any such claims, demand, suit or legal action which arises out of or in connection with decisions or directions made by COG concerning structure, standards or operational requirements of the program, or in connection with work product which has been modified without City's express authorization, or which has been used contrary to City's express instructions or for other than its intended purpose, if such modification or misuse is a substantial factor in causing the asserted loss or injury. 8. Nondiscrimination. COG shall comply with all applicable federal, state, and 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. 9. Governing Law. This Agreement shall be governed by and construed in accordance with the law of the State of Oregon. 10. Severability. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 11. Assignment. Neither party shall assign the Agreement without written consent of the other. 12. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and supersedes all prior agreements, written and oral, between the parties. No modification of this Agreement shall be binding unless in writing and signed by both parties. ATTACHMENT, Page ~ of ~_ Page 3 of 4 -Agreement for Housing Rehabilitation Services Council of Governments -City of Woodburn 46 13. Notification. All correspondence and notices related to this Agreement shall be directed as follows: If directed to the Citv: City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 Attn: Jim Hendryx, Community Development Director If directed to the COG: Mid-Willamette Valley Council of Governments 105 High Street SE Salem, Oregon 97301-3667 Attn: Nancy J. Boyer, Executive Director IN WITNESS WHEREOF, COG and City have, by approval of their respective governing bodies, caused this Agreement to be executed. MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS Nancy J. Boyer, Executive Director Date CITY OF WOODBURN Scott C. Derickson, City Administrator Date Page 4 of 4 -Agreement for Housing Rehabilitation Services Council of Governments -City of Woodburn ATTACHMEM' ~_ Pale ~ of 47 v'~TOODBURN ~~~ ln~orpor.rreA 1899 • April 27, 2009 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Hendryx, Community Development Director SUBJECT: Establishing a System Development Charges Collection Deferral for Single Family Dwellings COUNCIL GOAL: Promote Economic Development -complete the economic development plan in partnership with the Chamber of Commerce; revisit the City's economic strategy regarding business attraction, retention, and sustainability. RECOMMENDATION: Seek Council's concurrence of the System Development Charges (SDC) Collection Point Deferral. Direct staff to return with any necessary ordinance amendments to implement the SDC deferral program for single family dwellings. BACKGROUND: There has been a significant economic downturn in our economy and the building industry has been greatly impacted. Construction loans have become difficult to obtain. To help offset costs associated with construction, several jurisdictions throughout the state have implemented changes to when SDC's are collected. Many jurisdictions now offer SDC deferrals and collect charges at final occupancy for single-family dwellings. Staff is proposing concurrence of Council to implement a SDC Collection Point Deferral which moves the collection point of the SDC's from the time of issuance of a building permit to the time of occupancy for single family dwellings. DISCUSSION: The SDC Collection Point Deferral will allow owners and/or builders to defer payment of the SDC's until final occupancy is met. As construction loans typically have high interest rates, the deferral will result in interest savings to the applicant, which can be passed to the future homeowner. Several cities including Redmond, Bend, and jurisdictions in the Portland Metropolitan Area, have packaged similar SDC deferrals into building incentive programs to provide assistance during the recent economic slowdown. House Bill 2$65 contemplates a similar timing of payments for residential and commercial SDC's. Staff, however, is recommending limiting the deferral to single- family dwellings. ., ,, Agenda Item Review: City Attorneyt~ Finance 48 Honorable Mayor and City Council April 27, 2009 Page 2 The deferral will initially result in lower than anticipated SDC interest revenue to the City. Legal counsel is reviewing the legal mechanisms necessary to implement an SDC deferral program. The deferral would include provisions to reduce the risk of non- payment (lien creation and utility shut-off provisions), and penalties for violations. Additionally, municipal ordinances would need to be amended to provide for the deferral. Staff is proposing the deferral only apply to SDC's for single-family dwellings, not commercial applications. Staff Recommendation: Staff recommends proceeding with the SDC Collection Point Deferral for single-family dwellings and the development of internal processes to implement the agreement and limit the risk of non-payment. Council Action: Staff seeks Council concurrence of the SDC deferral program and directing staff to return with the necessary actions to implement the program. Municipal ordinances will need to be modified to allow for SDC deferral. FINANCIAL IMPACT: Depending upon development activity, the deferral will initially result in lower than anticipated SDC interest revenue to the City. H:\JaniceCl\Ol -Attorney\Council\2009\4-27 SDC Deferral (Hendryx).doc 49 WO BUR~j tnco.po,aii,r 1869 April 27, 2009 TO: Honorable Mayor and City Council through City Administrator FROM: Dan Brown, Public Works Director SUBJECT: TRAFFIC CONTROL SIGNAGE VARIOUS LOCATIONS RECOMMENDATION: That Council adopt out the attached resolution authorizing the installation of: 1. A "Do not enter" sign and dotted paint markings at the intersection of Tukwila Drive and Boones Ferry Road. 2. A stop sign and a stop pavement marking line on the southeast corner on N. Second Street and Grant Street intersection. 3. Four stop signs with stop pavement marking lines on the southeast corner of the intersections of Johnson Street with Filbert, Joyce, Bryan and Elm streets. BACKGROUND: The Public Works Department has received public complaints/concerns regarding traffic traveling on the wrong way and the lack of traffic signs on the following intersections: 1. N. Boones Ferrv Road and Tukwila Drive intersection: traffic traveling the wrong-way in the west bound lane of Tukwila Drive between N. Boones Ferry and Miller Farm Road. This section of Tukwila Drive is a divided street with a planter area in the middle. Staff reviewed the existing conditions at Tukwila Drive and recommends emphasizing the one way-traffic on each divided section of Tukwila Drive. Installation of a "do not enter" sign and pavement markings would guide the drivers to turn into the correct lane. The public complaint and request for traffic guidance at Tukwila Drive was determined by Public Works to be contributed to a lack of traffic control signs and markings. 2. 2nd Street and Grant Street Intersection: A stop sign does not exist on 2na Street and Grant Street. Grant Street is a through street between 1St Agenda Item Review: City Administrato Attorney Finance 50 Honorable Mayor and City Council April 27, 2009 Page 2 Street and Fifth Street. Staff reviewed the existing conditions and recommends the installation of a stop sign and a stop pavement marking line. The new sign will be installed on an existing post that supports the street names. 3. Intersections of Johnson Street with Filbert, Joyce, Bryan and Elm Streets: Stop signs do not exist at these intersections. Staff reviewed existing conditions and recommends the installation of stop signs with stop pavement marking lines on the streets that intersect Johnson Street only. Johnson Street will continue to be a.through street. DISCUSSfON: The Manual of Uniform Traffic Control Devices (MUTCD) states that "do not enter signs" can be used where traffic is prohibited from entering a restricted roadway. Also, MUTCD states that dotted lines provide additional guidance on travel paths through intersections or other areas. The Woodburn Transportation System Plan (WTSP) classifies Tukwila Drive as an Access Street. It is recommended that the attached resolution be approved to allow the installation of a `do not enter" sign and pavement markings as shown in the attached "Figure #1" to provide improved traffic control and guidance at this intersection. The Manual of Uniform Traffic Control Devices (MUTCD) states that stop signs can be warranted on streets that enter a through street or with the intersection of a less important road with a main road. The Woodburn Transportation System Plan (WTSP) classifies N. Second Street, Grant St, Filbert St, Joyce St, Bryan St, Elm St and Johnson St. as an access street. It is recommended that the attached resolution be approved to allow the installation of stop signs and stop pavement marking lines as shown in attached "Figure #2" and "Figure #3" to provide improved traffic control at these intersections. FINANCIAL IMPACT: 51 Honorable Mayor and City Council April 27, 2009 Page 3 Estimated Cost for installation of one "Do Not Enter" sign and pavement markings at Tukwila Drive is $350, the cost for the stop sign and stop line at N. Second Street is $150, and for the four stop signs and stop lines at the intersection of Johnson Street is $1,000. All estimated costs include materials and labor, which will be funded from the regular Street Maintenance Budget. 52 COUNCIL BILL N0.2773 RESOLUTION NO. A RESOLUTION DIRECTING THAT A "DO NOT ENTER" SIGN BE INSTALLED ON TUKWILA DRIVE AT N. BOONES FERRY ROAD AND DOTTED PAINT MARKINGS BE APPLIED; THAT STOP SIGNS BE INSTALLED ON SECOND STREET WHERE IT INTERSECTS GRANT STREET; AND STOP SIGNS BE INSTALLED ON FILBERT STREET, JOYCE STREET, BRYANT STREET AND ELM STREET WHERE THESE STREETS INTERSECT JOHNSON STREET WHEREAS, ORS Chapter 810 grants to the City of Woodbum, the authority to install "Do Not Enter" and "Stop" signs at various locations within the City limits, and WHEREAS, the City Council has received and considered the attached staff report recommending that the City Council take the actions herein, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That a "DO NOT ENTER" sign be installed on Tukwila Drive at N. Boones Ferry Road and dotted paint markings be applied as depicted on Figure #1, which is attached hereto and incorporated. Section 2. That a "STOP" sign be installed on Second Street where it intersects with Grant Street as depicted on Figure #2, which is attached hereto and incorporated. Section 3. That "STOP" signs be installed on Filbert Street, Joyce Street., Bryant Street., and Elm Street. where these streets intersect with Johnson Street as depicted on Figure #3, which is attached hereto and incorporated. Approved as to form: ~ / ~ ~~: ) "T 2 ~ Z ~ o City Attorney Date Approved: Kathryn Figley, Mayor Passed by Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page I -COUNCIL BILL NO. RESOLUTION NO. 53 54 FIGURE #2 ~. fh.,- ~\ {, .~i Yh /I ` ~ ~ ~' I ,f ~;; ~ ~~, ~..` j ;~ /1 ~~ f' i 4 ,'. ;~! "`:,~ ~~ ~ ,,~\ lug ... J'r i ~f /i~~ J~ ~: PROP/ SIGN 1 \ ., . PLOY DATE: 4.21.2009 E W S PUBI.IC WORKS D ~N SION~ ENGINEERING 55 j~ SEC NEE 4 56 OR 214: Broughton Way -Park Ave. Environmental Assessment a OR 41M aeaeMeea Nay - hrk ~Aw. (Ew) Presentation Outline • Introductions -Michael Morales, EPM -John Stutesman, CPM • What is an EA and why is an EA Needed? • EA Elements • Project Description iii Issues • Project Roles • Preliminary Project Schedule ~ Why an EA (vs. EIS)? • An Environmental Assessment is required for "borderline" project: - when the signNicance of the impact on the enNronmant is not clearly established; andlor - the project may haw substantial impacts that do not substantially change the character of an area, and can be mitigated to some define. • An EIS is required when the impacts are significant and some may not be able to be fully mitigated. 1 EA Elements • Describe the project -tell the public and other agencies what is proposed and why • Document the project development process • Describe and assess the alternatives • guild • No-Build • Evaluate environmental impacts • Describe proposed mitigation measures • Inform the public and afford them meaningful participation in the project development process. ~a~ What is the Project? • Needed Street Upgrades (p. 7- 5, Woodburn TSP Update October 2005) -OR 2141219: Widen to a full five- lane cross section with sidewalks and bicycle lanes between I-5 and 99E. Project Limits - ~ : ,~ ~. } Y P•~11 Av. yf jti !i~ ~W ~ ~ 2 ~ S~ ;,Y ! I j ~-,irr. ..CPS ~ { s's ~ ,;, A '~ ~ _ L ~ 2 Major Phases of the Project • Preliminary Background Research on Issues • Project Planning -Design Options Development • Prepare technical Reports • Public Meeting - Review purpose d~ need of project - Review / comment on design options 8 recommended option - Comments on Technical Reports • PDT Recommends Build Alternative • Prepare Oraft EA & Hold Public Hearing • Access Management Plan (if required) • Recommendation Doc. / REA / FONSI Technical Reports • Biology Environmental • Wetlands Justice 'Transportation • Hazardous Right of Way Materials • Utilities • Water Quality Visual Resources • Land Use Construction • Noise and Air Impacts Quality Suatainability Geotechnical • Socioeconomic 3 Community Facilities S Issues n.~.m~~ Completion Process • Review Tech Reports -determine need for full EA or declare Categorical Exclusion • Prepare Draft EA & Hold Public Hearing • Respond to comments on draft EA • tf required, complete adoption of all state and local plan amendments, e.g., Access Management Plan, TSP Amendments • Publish Revised EA (if required) • Issue Finding of No Significant Impact (FONSI) Project Management Team • ODOT - Alan Fox -Project Leader - Michael Morales -Environmental Project Mgr. - Dorothy Upton -Traffic Modeling 8 Analysis - Ed Cantrell -Roadway Design Engineer - Tracy White - Sr. Planner, Access Management - Terry Cole -Region 2 Sr. Planner, • City of Woodburn - Dan Brown, Public Works Director - Eric Liljequist, Asst. City Engineer • David Evans Associates, Inc. - John Stutseman, Consultant's Project Mgr. Role of PDT • Review: - Documents Prepared for Public - Design Options - Technical Reports - Draft EA -Responses to Comments on Draft EA • Recommend Preferred Alternative • Technical QAIQC 4 Role of City of Woodburn • Funding Contribution (5200,000) • Prepared land use projections for traffic demand model • PDT Member provides: - guidance on local issues - input on the Preferced Design Option 8 Build Alternative - project oversight and communication w/City staff and Council • Adopt AMP Role of David Evans Assoc. • Consultant Project Management • Research • Public Involvement Support • Traffic Analysis • Prepare Tech Reports, Draft EA 8 REA • Access Management Plan Rofe of the Public • Stakeholders Working Group (focus group) - city staff, local businesses, emergency services, residential communities, cultural communities, Planning Commission, City Council - represent values, ideas and concerns of the broader community - comment on design options, draft FJ~, responses to comments and AMP • Input /Comment at Public Meeting - Input on Purpose and Need - Comment on Design Options - Comment on Technical Reports • Comment at public hearing on Draft Fro 5 Preliminary Project Schedule • Notice to Consultant to Proceed -March 2009 • Project Planning - Fa112009 • Prepare Technical Reports -Winter 2009 • Public Hearing on Draft EA-Spring 2010 • Access Management Plan -Summer 2010 • Recommendation Document-Fall 2010 • Revised Environmental Assessment- Fall 2010 • Finding Of No Significant Impact (FONSI) - Winter 2010/2011 END OR 214: Broughton Way -Park Ave. oa:~tor..Maeway-~artAV•.,uj,....:_.. ,._~ 6 OveMew of Woodburn Projects ,_ ... ._ -... ::~ QO. ~ i, 4 ..._.;_ _ s ry~ ly, ~~ ..~.. t .r' ww .. ~" ~`' f) ~ ^'\ X J Project Planning Design Options Development • ODOT Develops Design Options • Widen North • Widen Equal • Widen South 8 Recommended Option • Review with PDT • Meet with SWG 8 Public • PDT recommends preferred design opt • ODOT Region Manager approves Build Alternative I~ Access Management Strategy • Develop AMS for Build Alternative - AM Strategy for ODOT ROW • Traffic control • Signals • Approaches -AMP for City (ff required) • Off-highway TSP provisions • Land use controls • Development Code • City Adoption 7 Sustainability -Definition Sustainability: Using, developing and protecting resources in a manner that enables people to meet current needs and provides that future generations can meet future needs, from the joint perspective of environmental, economic and community objectives. " ` Oregon Transportation Plan, September 2006, Appendix A, Glossary, p. 123 Sustainability -Key Focus Areas • Health and safety • Social responsibility • Environmental stewardship • Land Use and infrastructure • Energy, fuel use and climate change • Material use • Economy Project Sustainability Elements • Filter the project through the Agency's sustainability program's Key Focus Areas and the Goal 4 Strategies of the Oregon Transportation Plan • Develop criteria to compare the alternatives and make recommendations • Look at interaction effects between the Key Focus Areas and how they affect activities inside and outside the Agency's right of way • Recommend strategies that will include: - Ways to sdve, avoid, minimize or mitigate negative impacts - Opportunities for enhancement - Opportunities for cooperation /leverage of other funding 8 April 15, 2009 Mayor Figley, Woodburn City Council and Woodburn Planning Commission: If I could attend this `Neighborhood Meeting' regarding the "Mill Creek Greenway Trail", I would. I want to voice that I am very much opposed to the plan and any plans that may possibly bring more pedestrians or vehicular traffic into our area, whether it be a trail, extended or additional roads, or by any other means. ., My first concern is that, according to a flyer mailed to me recently by the City of Woodburn, the "Mill Creek Greenway Master Plan" was adopted by the City Council in 2006. Why was I not notified before this? I live on Hermanson in the Meadow Park associated tract; although my property isn't adjacent to the Greenway, what affects the Greenway affects all of the Meadow Park tract, as well as several other properties in town. Why was this plan not put to the voters on a ballot, particularly since it will cost tax payers approximately half a million dollars, not including additional security personnel, proper security lighting, and upkeep? If it takes a petition or an election to prevent this `Master Plan' from going through, I would be in favor of that. With the economy being what it is, how much more expense and hardship are you willing to force upon the tax payers and residents? Even if the plan was affordable, I believe the money could be better spent in much more noticeable ways, such as Code Enforcement ensuring property is properly maintained according to Code, as well as cleaning up and restoring Front Street to the beauty and charm it once had, attracting more tourists to businesses and potential property owners. People have a fear of living in Woodburn; I am afraid of the effect this `Master Plan' will have on my property value and safety. In spite of the diligence of my neighbors and myself, we have suffered greatly from tagging episodes of graffiti and other various forms of vandalism and theft. Vehicles racing around curves and corners endanger live; high-volume noise and pedestrians discovered on `The Meadows Association' private property who don't live in the associated areas have already been causing residents more than enough hardship. Kathi Goodstein April 16, 2009 Dear Mayor Figley, Woodburn City Council, and Woodburn Planning Commission: We have already had so much vandalism to our property-cars and statues stolen, car windows and mailbox bashed into pieces just this afternoon as I drove into the entrance of the tract, I saw an empty drink bottle in the boulevard. Then, I noticed broken glass scattered all across the road in front of me. Can I afford new tires right now? No. Can most people? I would guess not. The vandalism is bad enough; we don't need it to increase. We have a large house on a relatively large lot and have made a great deal of improvements to our property, inside and out. We, along with many of the residents in `The Meadows Association' and throughout the rest of the Meadow Park tract, have put a lot of time, energy and money in, not only their personal properties, but in the neighborhood as a whole, working as a community. However, I am strongly convinced that your `Master Plan' is only going to encourage more pedestrian and vehicular traffic, vandalism and other criminal behavior. How safe will my children, grandchildren, and other children be in our neighborhood, when property owned by our property association, which is already being trespassed on by people who don't belong to the association or even live in our tract is continually vandalized? How safe will the children-how safe will any of us and our property be-if your `Master Plan' is carried out? Contrary to your possible thinking, your plan won't enhance our property value. It will, I am sure, cause good families to move, property values to decline, and the deteriorization of several neighborhoods. When we first considered Woodburn, we were apprehensive. However, as we look more into its amenities, we felt more secure, particularly because we would be living in an associated tract. We purchased our home hoping, since our eight children have lived in it at least for a time, that they would always feel `at home', feel welcome to invite friends over, and to return with their spouses and our grandchildren. We see that occurring in our lives now. It warms my heart. However, this `Master Plan' sickens me and has even caused me to consider the possibility that we may need to move before our family no longer feels secure and welcome, and our property value declines. I feel like our family environment is being tramped upon. If you think bark dust is going to hold up in the rain, foot traffic, and-yes-kids riding the path with their bikes, whether prohibited or not; if you think the noise and vandalism to the properties, pond and greenway won't occur; if you think that there won't be an increase in teens hanging around the greenway all the more, I think you're sadly mistaken. Several of our family members have been and are currently involved in law enforcement; when we were proctor parents for teens on parole, those teens would even admit to us that teens, sometimes including themselves, would get off the school bus and go directly to the greenway to smoke and do drugs. I don't think you have a clear picture of reality here. Where's the half million dollars coming from to start this project? From the taxpayers who are already stretched beyond their means due to the economy? How much more will it cost for upkeep, security, and eventual renovations? Even if someone was handing the City of Woodburn a personal donation check to cover all expenses, that money could be spent on far more important causes, such as the impoverished, the police and fire departments, better traffic control. It has been mentioned in your recent mailing that this is "...the first phase ... ;" what more is in store of our city? How much control does the city have over the decisions made in our lives? I'm a Precinct Worker, yet I don't have any recollection of this plan being put to a vote in any election. If it was, it wasn't obvious to me or others either, I'm sure. What will it take for us, as citizens of Woodburn, to have this plan overturned? Sincerely, 4~J(-~J \ ~~ Linda D. Mayer 914 Meadowvale Lane Woodburn, OR 97071 (503) 804-4774 cell