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02-08-2010 Agenda Packet KF,M CW ATHRYN IGLEYAYOR ITY OF OODBURN DP,CW1 ICK UGHOUNCILOR ARD J.MS,CWII EL CHMIDTOUNCILOR ARD ÝÝß PMC,CWIII ×ÌÇÑËÒÝ×ÔÙÛÒÜß ETER CALLUMOUNCILOR ARD JC,CWIV AMES OXOUNCILOR ARD FL,CWV RANK ONERGANOUNCILOR ARD F8,2010–7:00.. EBRUARY PM EM,CWVI RIC ORRISOUNCILOR ARD CHCC–270MS ITYALL OUNCIL HAMBERSONTGOMERY TREET 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. City Hall and the Library will be closed Monday, February 15 th for President’s Day. The Aquatic Center will be opened during normal business hours. Appointments: None 4. PROCLAMATIONS/PRESENTATIONS Proclamations: A. Tulip Festival 1 Presentations: B. Community Development and Council of Governments: 2010 Enterprise Zone Application 5. COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn School District 6. COMMUNICATIONS None. – This allows the public to introduce items 7. BUSINESS FROM THE PUBLIC for Council consideration not already scheduled on the agenda. ööØ¿¾®? ·²¬7®°®»¬» ¼·°±²·¾´» °¿®¿ ¿¯«7´´¿ °»®±²¿ ¯«» ²± ¸¿¾´¿² ×²¹´7ô °®»ª·± ¿½«»®¼±ò Ý±³«²3¯«»» ¿´ øëðí÷ çèðóîìèëòöö February 8, 2010 Council AgendaPage i – Items listed on the consent agenda are considered 8. CONSENT AGENDA 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 January 11, 2010 2 Recommended Action: Approve the minutes. B.Woodburn City Council minutes of January 25, 2010. 9 Recommended Action: Approve the minutes. C.Crime Statistics for December 2009 12 Recommended Action: Accept the Report. 9. TABLED BUSINESS None. 10. PUBLIC HEARINGS A.Supplemental Budget – Members of the public wishing to comment on items of 11. GENERAL BUSINESS general business must complete and submit a speaker’s card to the City Recorder prior to commencing this portion of the Council’s agenda. Comment time may be limited by Mayoral prerogative. A.Council Bill 2810 – A Resolution approving transfers of FY 2009-17 2010 appropriations and approving a Supplemental Budget. Recommended Action: Adopt the Resolution. B.Council Bill 2811 – A Resolution entering into an agreement with 24 the Union Pacific Railroad as part of the Front Street Improvement Project for crossing improvements at Lincoln Street and authorizing the City Administrator to execute said agreement Recommended Action: Adopt the Resolution. C.Council Bill 2812 – A Resolution to establish a Woodburn 27 Interchange Aesthetic Advisory Focus Group Recommended Action: Adopt the Resolution. February 8, 2010 Council AgendaPage ii – These 12. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS are Planning Commission or Administrative Land Use actions that may be called up by the City Council. None 13. CITY ADMINISTRATOR’S REPORT 14. MAYOR AND COUNCIL REPORTS 15. ADJOURNMENT February 8, 2010 Council AgendaPage iii ï COUNCIL MEETING MINUTES January 11, 2010 TAPE READING DATE: COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, 1-0001 COUNTY OF MARION, STATE OF OREGON, JANUARY 11, 2010. CONVENED: The meeting convened at 7:00 p.m. with Mayor Figley presiding. ROLL CALL: Mayor Figley Present Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Morris Present Councilor Pugh Present Councilor Schmidt Present Staff Present: City Administrator Derickson, Assistant City Administrator Stevens, City Attorney Shields, Police Chief Russell, Public Works Director Brown, Community Services Director Row, Economic & Community Development Director Hendryx, Recreation Services Manager Spence, Police Captain Garrett, Police Captain Alexander, City Recorder Shearer. ANNOUNCEMENTS: 1-0050 th A) City Hall and the Library will be closed Monday, January 18 for Martin Luther King Jr. Day. The Aquatic Center will be open during normal business hours. APPOINTMENTS: 1-0066 Mayor Figley made the following appointments and reappointments to City Boards and Budget Committee: Park Board: Reappoint Joseph Nicoletti for a term expiring December 2013 Reappoint Rosetta Wangerin for a term expiring December 2013 Appoint Bruce Thomas for a term expiring December 2013 Appiont Zandi Cox for a term expiring December 2010 McCallum/Pugh … approve the appointments made by the Mayor. Motion passed unanimously. Library Board: Reappoint Willis Grafe for a term expiring December 2013 Reappoint Nancy Kirksey for a term expirin December 2013 Appoint Kristen Berkey for a term expiring December 2010 Cox/Lonergan … approve the appointments made by the mayor. Motion passed unanimously. Page 1 - Council Meeting Minutes, January 11, 2010 î COUNCIL MEETING MINUTES January 11, 2010 TAPE READING Budget Committee: Reappoint Eric Swenson Reappoint Don Judson Lonergan/McCallum … approve the appointments made by the Mayor. Motion passed unanimously. PROCLAMATIONS: None PRESENTATIONS: 1-0224 A) OACP presented medals to the Family of Captain Tom Tennant and to Police Chief Scott Russell. B) Chief Scott Russell awarded the Woodburn Police Department Medal of Honor to Sergeant Nick Wilson, Sergeant John Mikkola, Detective Craig Halupowski, and Detective Rick Puente for their distinguished service during the events of December 12, 2008. C) Chief Scott Russell presented the Woodburn Public Works Department with the Woodburn Police Department Public Service award for their efforts in the days and weeks following December 12, 2008. D) Recreation Services Manager Spence recognized Ray Herrera of Viesko Quality Concrete for his creative Santa transport projects. COMMITTEE REPORTS: 1-0789 A) Chamber of Commerce – Don Judson, Executive Director updated the Council on Chamber tourism promotion activities and upcoming events. B) Woodburn School District – Superintendent Walt Blomberg updated the Council on the flourishing International Baccalaureate and Advanced Placement programs in the Woodburn School District. BUSINESS FROM THE PUBLIC: 1-1619 A) Woodburn Art Center will be hosting a Rock & Roll art show January 15-February 28. CONSENT AGENDA: 1-1682 A) approve the Council minutes of December 14, 2009; and B) approve the Council Executive Session minutes of December 14, 2009; and C) approve the Planning Commission minutes of October 22, 2009; and D) approve the Planning Commission minutes of November 5, 2009; and E) approve the Planning Commission minutes of November 19, 2009; and F) accept the Crime statistics for November 2009. Page 2 - Council Meeting Minutes, January 11, 2010 í COUNCIL MEETING MINUTES January 11, 2010 TAPE READING McCallum/Pugh …adopt the Consent Agenda as presented. The motion passed unanimously. PUBLIC HEARING – TYPE V LEGISLATIVE AMENDMENT – DOWNTOWN 1-1850 DEVELOPMENT PLAN UPDATE (LA 2009-01) Mayor Figley declared the hearing open at 7:30 pm for the purpose of hearing public input on proposed updates to the Downtown Development Plan. Economic & Community Development Director Hendryx made a presentation summarizing the history of the Downtown Development Plan and recent efforts to modify the plan by the Planning Commission. He summarized the changes made to the plan leading to tonight’s hearing. Director Hendryx also requested an amendment to correct a conflict in the text of the plan and the text of the ordinance. Councilors Morris and Cox clarified with Director Hendryx that the plan and the ordinance should reflect the Planning Commission’s recommendation of 40 and 50 foot height limits in the Downtown Development Conservation (DDC) district. Council members asked staff about parking provisions, conformance of existing downtown businesses, street widths, and height restrictions. Director Hendryx clarified that parking is required to be addressed with each development application, that no downtown businesses would be made no-conforming by this plan, that the need for variances addressing the narrow downtown streets would be sharply reduced, and answered questions regarding the height limits in the plan and stated that all of the limits could be modified through the conditional use process. Mayor Figley invited the proponents of the Downtown Development Plan Update to address Council. Ellen Bandelow, Chair of the Planning Commission spoke in favor of the plan and the efforts of the Planning Commission to modify the Downtown Development Plan to accommodate both commercial and residential development and to provide for opportunities for developers to bring ideas to the City. Richard Jennings, of 595 Filbert, Woodburn, and Planning Commissioner spoke in favor of adopting the Downtown Development Plan. Mr. Jennings stated that when the Planning Commission began with the modifications to the plan there were many differences of opinion but by the end of the process everyone was on the same page. He believes that this was the best plan the Commission was capable of providing and believes the compromises included serve the best interests of the City and the Downtown residents. Don Judson, Executive Director of the Woodburn Chamber of Commerce stated that the Woodburn Chamber of Commerce supports the Downtown Development Plan. He applauds the flexibility in the plan. He also spoke of the efforts of the Woodburn Downtown Association to reduce crime in the downtown area. Mayor Figley invited the opponents of the Downtown Development Plan Update to Page 3 - Council Meeting Minutes, January 11, 2010 ì COUNCIL MEETING MINUTES January 11, 2010 TAPE READING address Council. Durrell Crays of 167 N. Settlemeir, Woodburn, Chairman of the Historic Woodburn Neighborhood Association submitted a statement signed by 16 residents objecting to zoning changes intended to increase population density and building heights of greater than 40 feet. He further stated that the Historic Woodburn Neighborhoods Association supports the revitalization of downtown businesses and supports the Downtown Development Plan with one major reservation, which is the height standard. th Richard Lowry of 479 5 St, Woodburn spoke of the original revision to the plan and Council’s decision to send it back to the Planning Commission for additional revision and public input. Mr. Lowry asserted that there was not community outreach beyond the public hearing. Mr. Lowry requests that the height limits be lowered to 40 feet. Dagmar Kinne of 586 Grant St., Woodburn submitted a white paper discussing the impact of train noise and vibration on the Downtown residential areas. Juan Hernandez of 475 Front St, Woodburn expressed concern about traffic and pedestrian safety under the plan. Bruce Thomas of 130 W Cleveland St, Woodburn discussed the stakeholder committee involvement with the development and modification of the Downtown Development Plan. The Public Hearing was closed at 8:50 pm. 2-0670 Council discussed the testimony received and asked further clarifying questions of staff resulting in the following motions: Cox/Pugh ... to amend the Downtown Development Plan by modifying page 70 of the 2-3400 Downtown Development Plan (page 156 in the Agenda Packet) under CG Commercial General—New Gateway Subdistrict, Additional Key Elements to read “Building height limit transitioning from 40 feet adjacent to residentially zoned properties to 50 feet next to the railroad tracks.” and on the same page under DDC Downtown Development and Conservation Zone, modify under Key Elements to read “Building height limit of 40 feet.” and instruct staff to make any other plan revisions to be consistent with this change. Amendment passed unanimously. Cox/McCallum … adopt the Downtown Development Plan as amended and modified by 2-3600 staff per Council direction above. Motion passed unanimously. Council recessed at 9:25 and reconvened at 9:30. PUBLIC HEARING – TYPE V LEGISLATIVE AMENDMENT – LA 2009-02, 2-3800 ALLOWING SIGNS IN THE PUBLIC RIGHT OF WAY IN THE RETIREMENT COMMUNITY SINGLE-FAMILY RESIDENTIAL (R1S) ZONE Mayor Figley declared the hearing open at 9:35pm for the purpose of hearing public input on proposed changes to sign regulations in the Retirement Community Single Family Residential Zone (R1S). Economic and Community Development Director Page 4 - Council Meeting Minutes, January 11, 2010 ë COUNCIL MEETING MINUTES January 11, 2010 TAPE READING Hendryx gave a presentation covering the history of the proposed amendment regarding signs in the Retirement Community Single-Family Residential zone. Council discussed the history of the sign code and activities of the Planning Commission and Sign Focus group leading to this amendment. Director Hendryx stated that the Planning Commission recommended denial of this amendment. Mayor Figley invited proponents and opponents of the amendment to address Council. Richard Siewert of Estates Realty at 2265 Country Club Rd, Woodburn spoke in favor of the amendment stating that the additional visibility and accessibility would help home sellers in the area. Dave Christoff of 671 Ironwood Terrace, Woodburn requested that the sign rules and ordinances be consistent citywide rather than area specific and is in favor of uniform enforcement of the sign code. Richard Jennings of 595 Filbert, Woodburn spoke in opposition of the amendment, citing reservations about making changes to the sign code applicable to one area of the city instead of citywide. Jean Kemp spoke in favor of the amendment. The Public Hearing was closed at 10:15pm. Council discussed the testimony received and asked further clarifying questions of staff resulting in the following motions: Pugh/Schmidt ...adopt the legislative amendment. Motion failed on roll call vote with Councilors Pugh, Schmidt, and Cox voting aye, Councilors Lonergan, McCallum, and Morris voting nay; Mayor Figley voted nay. Mayor Figley stated for the record that she may support this concept applied on a uniform, consistent citywide basis, but would not for a specific neighborhood. McCallum/Cox … return the amendment to the Sign Ordinance Focus Group for further review. Motion passed unanimously. PUBLIC HEARING – FINAL ASSESSMENT HEARING – IRONWOOD STREET 3-1781 TREE REPLACEMENT AND SIDEWALK REPAIR LOCAL IMPROVEMENT DISTRICT Councilor McCallum declared a conflict of interest and refrained from participation in Council discussion. Mayor Figley declared the hearing open at 10:38 pm for the purpose of hearing public input on the proposed final assessment for the Ironwood Local Improvement District. Council received a copy of a letter submitted by Richard Baxley of 2562 Edgewater Dr and it was entered into the record. No one requested an opportunity to speak to Council on this issue. The Public Hearing was closed at 10:40 pm. Page 5 - Council Meeting Minutes, January 11, 2010 ê COUNCIL MEETING MINUTES January 11, 2010 TAPE READING COUNCIL BILL NO. 2807 – AN ORDINANCE LEVYING ASSESSMENTS FOR 3-2000 THE IRONWOOD NEIGHBORHOOD LOCAL IMPROVEMENT DISTRICT TO REPLACE STREET TREES AND REPAIR SIDEWALKS Councilor Lonergan introduced Council Bill 2807. Recorder Shearer read the two readings of the bill by title only since there were no objections from the Council. Councilor McCallum did not participate in the vote of this bill due to a declared conflict of interest. On roll call vote for final passage, the bill passed unanimously (excluding Councilor McCallum). Mayor Figley declared Council Bill No. 2807 duly passed. COUNCIL BILL NO. 2808 – A RESOLUTION TO AMEND THE CLEAN 3-2180 WATER STATE REVOLVING FUND LOAN AGREEMENT NO. R98414 WITH THE STATE OF OREGON AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SUCH AGREEMENT Councilor McCallum introduced Council Bill 2808. Recorder Shearer read the bill by title only since there were no objections from the Council. City Administrator Derickson reminded Council for the record that repayment of this loan is contingent upon future utility rate increases. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2808 duly passed. LIQUOR LICENSE CHANGE OF OWNERSHIP FULL ON-PREMISES SALES 3-2210 Lonergan/McCallum… the Woodburn City Council recommends that the Oregon Liquor Control Commission approve a Change of Ownership application for The End Zone. Motion passed unanimously. CITY ADMINISTRATOR’S REPORT: 3-2276 A) Digital recording equipment will soon be installed in Council chambers which will enable the audio record of Council meetings to be accessed via the internet. MAYOR AND COUNCIL REPORTS: Councilor McCallum announced that the kick off meeting for the 2010 Relay for Life will be 6:30pm January 21, 2010 at Wellspring. Councilor Cox stated that he will be absent for the March and April meetings. Page 6 - Council Meeting Minutes, January 11, 2010 é COUNCIL MEETING MINUTES January 11, 2010 TAPE READING ADJOURNMENT: Lonergan/Morris… meeting be adjourned. The motion passed unanimously. The meeting adjourned at 10:50 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Christina M. Shearer, Recorder City of Woodburn, Oregon Page 7 - Council Meeting Minutes, January 11, 2010 è COUNCIL MEETING MINUTES January 25, 2010 TAPE READING DATE: COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, 1-0001 COUNTY OF MARION, STATE OF OREGON, JANUARY 25, 2010. CONVENED: The meeting convened at 7:00 p.m. with Mayor Figley presiding. ROLL CALL: Mayor Figley Present Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Morris Present Councilor Pugh Present Councilor Schmidt Present Staff Present: City Administrator Derickson, Assistant City Administrator Stevens, City Attorney Shields, Police Chief Russell, Public Works Director Brown, Economic & Community Development Director Hendryx, Police Captain Garrett, Finance Director Palacios, City Recorder Shearer. PRESENTATIONS: 1-0055 A) Alan Fox, ODOT Project Manager for gave a presentation on the status of the Woodburn Interchange project including appearance features of the interchange, the approach of public involvement, the role of Council, and assessing Council direction on project. Public Works Director Brown indicated that he would bring a Resolution to Council for approval of the aesthetics working group membership and articulating Council’s commitment to the project. CONSENT AGENDA: 1-2500 A) approve the Park & Recreation Workshop minutes of January 12, 2010; and B) approve the Library Board minutes of January 13, 2010. MCCALLUM/COX …adopt the Consent Agenda as presented. The motion passed unanimously. COUNCIL BILL NO. 2809 – AN ORDINANCE ADOPTING THE DOWNTOWN 1-2555 DEVELOPMENT PLAN UPDATE, AMENDING THE WOODBURN COMPREHENSIVE PLAN, WOODBUN TRANSPORTATION SYSTEM PLAN, WOODBURN ZONING MAP, AND THE WOODBUN DEVELOPMENT ORDINANCE Councilor McCallum introduced Council Bill No. 2809. Recorder Shearer read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2809 duly passed. Page 1 - Council Meeting Minutes, January 25, 2010 ç COUNCIL MEETING MINUTES January 25, 2010 TAPE READING AWARD OF CONSTRUCTION CONTRACT FOR WATER SYSTEM 1-2700 CONSOLIDATION PROJECT – OREGON SAFE DRINKING WATER REVOLVING FUND LOAN AND AMERICAN RECOVERY AND REINVESTMENT ACT COX/PUGH… that the City Council, in it’s capacity as the Local Contract Review Board, award the construction contract for the Water System Consolidation Project to M.L. Houck in the amount of $1,787,149 for base bid. The motion passed unanimously. LIQUOR LICENSE APPLICATION FOR A LIMITED ON-PREMISES SALES 1-2750 LIQUOR LICENSE LONERGAN/MCCALLUM… the Woodburn City Council recommends that the Oregon Liquor Control Commission approve a Limited On-Premises Sales Liquor License application for Los Girasoles. The motion passed unanimously. LIQUOR LICENSE RENEWAL FOR 2010 1-2845 COX/SCHMIDT… the Woodburn City Council recommends that the Oregon Liquor Control Commission approve renewal of the liquor licenses for the listed businesses for the year 2010. The motion passed unanimously. APPROVAL OF PARTITION PAR 2009-02 FOR THE PROPERTY LOCATED 1-3165 BETWEEN PROGRESS WAY AND THE WELLSPRING CLINIC The Council declined to call this item up for review. MAYOR AND COUNCIL REPORTS: 1-3290 Councilor Pugh complimented City Administrator Derickson on his recent information update to Council. Councilor Lonergan thanked Police Chief Russell and the Police Department for their work leading to a number of arrests the past week. Councilor McCallum thanked Mayor Figley and Councilors Schmidt and Cox for their support of the Relay for Life. Councilor Schmidt requested that staff provide notice if packet revisions are anticipated. Councilor Cox reminded staff and Council that he will miss meetings for the next two months. Mayor Figley reported on her meeting with the Land Conservation and Development Commission. ADJOURNMENT: MCCALLUM/LONERGAN… meeting be adjourned. The motion passed unanimously. The meeting adjourned at 7:55 p.m. Page 2 - Council Meeting Minutes, January 25, 2010 ïð COUNCIL MEETING MINUTES January 25, 2010 TAPE READING APPROVED KATHRYN FIGLEY, MAYOR ATTEST ____ Christina M. Shearer, Recorder City of Woodburn, Oregon Page 3 - Council Meeting Minutes, January 25, 2010 ïï ß¹»²¼¿ ×¬»³ February 8, 2010 TO: Honorable Mayor and City Council through City Administrator FROM: Ignacio Palacios, Finance Director SUBJECT: 2009-2010 Supplemental Budget RECOMMENDATION Approve the attached resolution approving a supplemental budget for fiscal year 2009-2010. BACKGROUND From time to time during the fiscal year, staff identifies necessary changes to the adopted budget as new information becomes available. ORS 294.480 allows the governing body to adopt a supplemental budget under certain conditions or when an unanticipated ‘event’ occurs. When those changes in the original budget via the supplemental budget exceed 10% of the original appropriation in any one fund a public hearing must be held to discuss the changes and to receive public input. Those changes to the original budget are outlined below and summarized in the attached resolution and exhibit A. General Fund – Due to the retirement of the City Recorder and the former Finance Director leaving these two department experienced payouts for accrued leave and severance - due to those circumstances additional appropriations are required to cover these unanticipated payouts totaling $39,579 and $12,360, respectively. The police department has been awarded grants totaling $72,223 from the Department of Justice that will be used to replace and/or enhance the department’s current field reporting equipment and software. In addition, Leisure Services received a Literacy Grant totaling $22,000 and unanticipated sponsorships for the Mexican Independence Day and Fourth of July events that were used to offset costs for the events totaling $5,950. Transit Fund – Unanticipated increases to insurance premiums totaling $2,800, additional maintenance and repairs to the fixed route buses and DAR vans totaling $6,000 and the funding of the part-time Custodian/Rover position (approved in the prior 2009-2010 Budget but not funded) totaling $7,000 (this Agenda Item Review: City Administrator __X___ City Attorney __X___ Finance __X__ ïé Honorable Mayor and City Council February 8, 2010 Page 2 position is being split amongst the Transit, Streets and Technical & Environmental Services Funds) and $500 to cover unanticipated expenditures in Office Supplies. In addition, the City was awarded $270,341 in American Recovery and Reinvestment Act (ARRA) funds to replace a transit bus, purchase radio equipment and to construct the bus parking lot. Search & Seizure Fund – The police department was awarded a $70,000 grant through the Department of Justice for the sole purpose of conducting drug investigations and enforcement. General CIP Fund – In the 2008-2009 adopted budget $20,000 was appropriated to update the Parks SDC methodology – the project was not completed and the amount was not carried forward – the amount is being requested to complete the project as approved in FY 2008-2009. The grants awarded for the Centennial Park project were approved but not budgeted in the 2009-2010 adopted budget – the awards totaling $525,00 need to be budgeted. Parks SDC Fund – Transfer from the General CIP Fund for the SDC methodology study carried forward from FY 2008-2009 totaling $20,000. Street Fund – $7,000 for the fund’s share of the approved part-time Custodian/Rover position. Additional amounts totaling $10,000 for unanticipated repairs to street equipment and vehicles. City Gas Tax – Approximately $500,000 in ARRA funds received through the Oregon Department of Transportation (ODOT) for the Young Street overlay project – the funds will be passed through the city to Marion County who will be completing the overlay project. Storm Water SDC Fund – costs for the Hardcastle Stormdrain project exceeded estimates by approximately $25,000 - this amount is needed to cover the shortfall. Water Well/Distribution Construction Fund – During the fiscal year the City was awarded loans via ARRA funds to extend water services to a neighborhood located outside city limits at the January 25, 2010 City Council meeting Council th awarded the construction project totaling $1,787,150 to M.L. Houck – the remaining balance is for the design and construction of the water disinfection system that will constructed later this fiscal year (approximately $1.5 million) as approved by the Council as well as other planned projects. ïè Honorable Mayor and City Council February 8, 2010 Page 3 Water Fund – Increases in utility and chemical costs are stressing appropriations in these line items – an additional amount of $30,000 and $15,000, respectively is needed to cover the increases. In addition, per state requirements the city is to provide for public outreach programs on water conservation, etc. – the costs for the program total $9,500. The remaining balance of $3,200 is for various increases in unanticipated repairs, postage increases and increase in laundry service costs. Sewer Fund – Position reclassifications were approved but were not funded in the 2009-2010 adopted budget – $12,144 is being requested to fund the approved reclassifications. DEQ permitting for on-going projects and operations have increased and $10,000 is needed to cover the increase. As discussed above outreach programs are to be funded as required by state regulations – the Sewer Fund’s portion totals $10,500. As noted above costs increases in chemicals, fuel and laundry services have left the appropriations in the line items depleted an additional $9,000 is being requested to fully fund these services through the remainder of the fiscal year. Surface Water/Collection Fund – Position reclassification that was approved in the 2009-2010 adopted budget but not funded – $3,930 is being requested to fund the approved reclassification. Technical and Environmental Services Fund – As noted above position reclassifications were approved in the 2009-2010 adopted budget but not funded – $25,822 ($7,000 is the fund’s share of the part-time Custodian/Rover position) is being requested to fund the approved reclassifications. An additional $7,500 is being requested to cover additional parts inventory, protective clothing (required but not funded), repairs and maintenance and a needed diagnostics software upgrade. Building Maintenance – Amounts needed to cover unexpected building repairs and the vehicle utilized by the Building Maintenance department totaling $10,500. FINANCIAL IMPACT The requested supplemental budget will reduce contingencies in the General Fund by $57,119 and will reduce contingencies in the Transit, Street, Water, Sewer, Surface Water/Distribution Collection, Technical & Environmental Services and Building Maintenance funds a total of $205,396. The supplemental request will drop the contingency in these funds below the 10% limit but it should be noted that most of these funds’ contingencies were well below the limit prior to ïç Honorable Mayor and City Council February 8, 2010 Page 4 the request. The supplemental request will increase grant revenues by $94,223 in the General Fund and by $70,000 in the Search & Seizure Fund. The total ARRA funds received in the Transit and City Gas Tax funds are $770,341 and are effectively grant revenues. Changes to the Water Well/Distribution Construction Fund are offset by ARRA loan proceeds (the loan will be forgiven once the project is complete within the guidelines of the loan agreement). The disinfection project will be paid for from contingency totaling approximately $1.4 million as approved by city council. It should be noted that the 2009-2010 adopted budget for the General Fund was $12,086,460 the total increases as a percentage of the adopted budget are 1.3%. When the grant awards of $94,223 are removed the total change is 0.5% from the original 2009-2010 adopted budget. îð Ý·¬§±ºÉ±±¼¾«®² îððçîðïðÍ«°°´»³»²¬¿´Þ«¼¹»¬ Û¨¸·¾·¬ß úkªÕ?ÃÐÃª±Âk??±«ª?±Æ`Ã ùª?± Ù®¿²¬øëïôððð÷øçìôîîí÷øïìëôîîí÷ Ù±±¼ñÍ»®ª·½»øìçðôèðè÷øëôçëð÷øìçêôéëè÷ Ý·¬§Î»½±®¼»®ùÑºº·½»çêôíïéíçôéëçïíêôðéê Ú·²¿²½»îçîôçìðïîôíêðíðëôíðð Ð±´·½»ëôëèçôíçëééôîîíëôêêêôêïè Ô»·«®»Í»®ª·½»ìíìôïêïîéôçëðìêîôïïï Ý±²¬·²¹»²½§ïôðëéôðëíøëéôïïç÷çççôçíì ¼?ªÃ? Ú»¼»®¿´Ù®¿²¬øîéðôíìï÷øîéðôíìï÷ Ý·¬§Ì®¿²·¬Í§¬»³íêêôèìðîèíôïìïêìçôçèï Ü·¿´ßÎ·¼»Ð®±¹®¿³ìçôïèèíôëððëîôêèè Ý±²¬·²¹»²½§íéôïêïøïêôíðð÷îðôèêï Â?Æ?ÂÃTk? Ù®¿²¬øéðôððð÷øéðôððð÷ Ó¿¬»®·¿´úÍ»®ª·½»íôêððéðôðððéíôêðð Â??? 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ÉÉÌ®»¿¬³»²¬Ð´¿²¬Ñ°»®¿¬·±²ïôêèïôèîçíéôéïìïôéïçôëìí Í»©»®ß¼³·²·¬®¿¬·±²çéôééèíôçíðïðïôéðè Ý±²¬·²¹»²½§íèðôìêîøìïôêìì÷ííèôèïè Âk?ø¬??´£±±?Ã£ª Ð»®±²¿´Í»®ª·½»ïêîôëðèíôçíðïêêôìíè Ý±²¬·²¹»²½§ììôçðîøíôçíð÷ìðôçéî ¼ÆªÃ±?ª`Ã?£ª«ª?±Â?`Ã Ð«¾´·½É±®µß¼³·²·¬®¿¬·±²íéîôêðîïïôëïëíèìôïïé Û²¹·²»»®·²¹Ü·ª··±²èçìôëçìéôíðéçðïôçðï Ý»²¬®¿´Ù¿®¿¹»èçôíïéïìôëððïðíôèïé Ý±²¬·²¹»²½§ïìçôìëðøííôíîî÷ïïêôïîè kÃ±ÃªÐÜÃª?ªª Ó¿¬»®·¿´úÍ»®ª·½»ìðëôçðêïðôëððìïêôìðê Ý±²¬·²¹»²½§ïîôèéïøïðôëðð÷îôíéï îï COUNCIL BILL NO. 2810 RESOLUTION NO. 1955 A RESOLUTION APPROVING TRANSFERS OF FY 2009-2010 APPROPRIATIONS AND APPROVING A SUPPLEMENTAL BUDGET. ORS 294.450(1) permits “transfers of appropriations” within any WHEREAS, fund “when authorized by official resolution or ordinance of the governing body”; and ORS 294.450(2) limits “[t]ranfers of general operating WHEREAS, contingency appropriations to no more than ten (10) percent of the total appropriations of the fund” unless adopted pursuant to a supplemental budget; and transfers made pursuant to any of the above must state the WHEREAS, need for the transfer, the purpose for the authorized expenditure, and the amount of the appropriation transferred; and ORS 294.480(1)(a) permits supplemental budgets when “an WHEREAS, occurrence of condition which had not been ascertained at the time of the preparation of a budget for the current year or current budget period which requires a change in financial planning”; and ORS 294.480(4) requires the governing body to hold a public WHEREAS, hearing on the supplemental budget “when the estimated expenditures contained in the supplemental budget for fiscal year or budget period differ by then (10) percent or more of any one of the individual funds contained in the regular budget for that fiscal year”; and the following transfer is made pursuant to ORS 294.450; and WHEREAS, the following supplemental budget is made pursuant to ORS WHEREAS, 294.480; and a public hearing was held to discuss the supplemental budget WHEREAS, changes pursuant to ORS 294.480(4); NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: That pursuant to the applicable ORS provisions cited above, Section 1. the City Council hereby approves the transfers of appropriations and supplemental budget for FY 2009-2010 in the amounts listed in Exhibit “A.” Page 1 – COUNCIL BILL NO. 2810 RESOLUTION NO. 1955 îî Approved as to Form: City Attorney Date APPROVED: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Christina Shearer, City Recorder City of Woodburn, Oregon Page 2 – COUNCIL BILL NO. 2810 RESOLUTION NO. 1955 îí ß¹»²¼¿ ×¬»³ February 8, 2010 TO: Honorable Mayor and City Council through City Administrator FROM: Dan Brown, Public Works Director SUBJECT: RESOLUTION TO AUTHORIZE CITY ADMINISTRATOR TO ENTER INTO AN AGREEMENT WITH UNION PACIFIC RAILROAD FOR CROSSING IMPROVEMENTS AT LINCOLN STREET RECOMMENDATION: Authorize the City Administrator to execute on behalf of the City a Crossing Agreement with Union Pacific Railroad Company for surface improvements to the existing Lincoln Street at-grade public road crossing. BACKGROUND: As part of the Front Street Improvement project, the Oregon Department of Transportation (ODOT) issued a Railroad Grade Crossing Order requiring the City to enter into an agreement with the Union Pacific Railroad Company for grade crossing improvements they believe are necessary. This Crossing Agreement is referred to as UPRR Folder No. 2583-61 and also referred to as: Crossing: Public OR: Woodburn Lincoln Street Mile Post 735.29, Brooklyn Sub DOT 759610H DISCUSSION: The City and Union Pacific Railroad have agreed to improve the public road at- grade crossing at Lincoln Street. The improvements agreed to are primarily needed to improve pedestrian safety at the crossing. The estimated cost of the at-grade crossing improvement is $105,218.00 and is to be shared by the City and Union Pacific Railroad, with each party paying for 50 Agenda Item Review: City Administrator ___X__ City Attorney __X___ Finance __X__ îì Honorable Mayor and City Council February 8, 2010 Page 2 percent of the cost of work. The City’s estimated share is $53,608.00which , includes $1000 contract administration charge. The City’s share will be adjusted based upon actual construction costs. The at- grade crossing improvements will be performed by Union Pacific Railroad personnel or contracted to a private contractor by Union Pacific Railroad. Copies of the Agreement may be reviewed at the City Administrator’s office. FINANCIAL IMPACT: Sufficient funds in the Front Street Improvement Project have been held in reserve to cover the associated costs of this Agreement. îë COUNCIL BILL NO. 2811 RESOLUTION NO. 1956 A RESOLUTION ENTERING INTO AN AGREEMENT WITH THE UNION PACIFIC RAILROAD AS PART OF THE FRONT STREET IMPROVEMENT PROJECT FOR CROSSING IMPROVEMENTS AT LINCOLN STREET AND AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE SAID AGREEMENT as part of the Front Street Improvement project, the Oregon WHEREAS, Department of Transportation (ODOT) issued a Railroad Grade Crossing Order requiring the City to enter into an Agreement with Union Pacific Railroad Company to accomplish public street at-grade improvements to the Lincoln Street grade crossing; and the City and Union Pacific have agreed upon a scope of WHEREAS, improvement needed at the Lincoln Street crossing; and the City has agreed to contribute 50 percent of the Lincoln Street WHEREAS, crossing improvement, with an estimated cost to the City of $53,608.00, and the City has held in project reserves sufficient funds to offset the WHEREAS, expense of executing the Lincoln Street at-grade crossing improvements, NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: That the City Administrator is authorized to execute on behalf of Section 1. the City a Crossing Agreement with Union Pacific Railroad Company for surface improvements to the existing Lincoln Street at-grade public road crossing. Approved as to form: 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: Christina Shearer, City Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. 2811 RESOLUTION NO. 1956 îê ß¹»²¼¿ ×¬»³ February 8, 2010 TO: Honorable Mayor and City Council through City Administrator FROM: Dan Brown, Public Works Director SUBJECT: RESOLUTION TO ESTABLISH A WOODBURN INTERCHANGE AESTHETIC ADVISORY PANEL RECOMMENDATION: Establish a Woodburn Interchange Aesthetic Advisory Panel to assist the City of Woodburn to identify desired visual features for the future improvements to the Woodburn Interchange. BACKGROUND: To implement the Visual Resources mitigation measures identified in the Environmental Assessment for the future improvements to the Woodburn Interchange, the Oregon Department of Transportation (ODOT) has identified a need for public involvement in defining and addressing the visual impacts of the Interchange on the community of Woodburn. As part of the preliminary design of the Interchange, a facilitated Advisory Focus Group will be established to assess the visual impacts the improved Interchange may have on the community of Woodburn and to recommend aesthetic measures or design elements needed to address those impacts . The recommendations of the Aesthetic Advisory Panel will be presented to the City Council for consideration and approval when establishing the City’s aestheitic design requirements for ODOT. DISCUSSION: The Woodburn Interchange serves at the Gateway to the community of Woodburn and attention to the aesthetic attributes of the Interchange will have a significant impact on the public’s perception of the community. The concept of Context Sensitive Design provides the project development team an opportunity to consider the impact of the interchange engineering design features on the visual character of the surrounding area. By providing the project development team clarity of visual preferences, community values, and aesthetic influence the project is to have, those elements that are technically feasible can be blended into the project design. Agenda Item Review: City Administrator ___X___ City Attorney __X___ Finance ___X_ îé Honorable Mayor and City Council February 8, 2010 Page 2 In this project, the design features recommended by the community will be limited to those that affect the appearance of the project consistent with the project’s basic engineering design standards. Accordingly, all recommendations of the Aesthetic Advisory Panel will be subject to the technical approval of the ODOT Project Development Team. The emphasis of this process is capturing clarity of the community vision for the Interchange and what aesthetic design features of the project are desired to be promoted by the Aesthetic Advisory Panel and City Council . Some of those features may be included into the project design at no cost or a very nominal cost. Other features may be significantly more expensive than the standard highway product that ODOT would provide. As the City identifies visual preferences that it desires to be incorporated into the Interchange project, it must also be prepared to define what premium the City is willing to pay to achieve those preferences. The Woodburn Interchange Aesthetic Advisory Panel is intended to provide the Council will a good cross section of the community’s preferences, expectations, and goals for the Interchange project. Consultants will facilitate the activities of the Advisory Focus Group and will provide them examples of successful implementation of Context Sensitive Design in other communities with similar projects. The cost of conducting the Aesthetic Advisory Panel will be funded as a project design element. This resolution is intended to establish the Aesthetic Advisory Panel and how the Council will incorporate the recommendations received form the Panel into a Cooperative Improvement Agreement with ODOT for the Design Acceptance Package approval. The Mayor will identify candidates for Council consideration and approval by a separate motion at a future Council Meeting. FINANCIAL IMPACT: Establishment of the Woodburn Interchange Aesthetic Advisory Panel does not have any direct financial impact on City funds. However, the approved recommendations of the Panel may result in an increase in the City of Woodburn contribution to the Interchange project. îè COUNCIL BILL NO. 2812 RESOLUTION NO. 1957 A RESOLUTION TO ESTABLISH A WOODBURN INTERCHANGE AESTHETIC ADVISORY PANEL the City of Woodburn and the Oregon Department of WHEREAS, Transportation (ODOT) desire to obtain public input regarding the visual impact the Interchange Project to comply with the Visual Resources mitigation measures of the project Environmental Assessment; and the City and ODOT recognize that identification of the WHEREAS, community’s visual preferences for the Interchange Project early in the design development can effectively reduce the cost of incorporating those visual preferences into the project; and the City must determine if the Interchange Project visual features WHEREAS, desired will result in an increased contribution by the City to the overall Interchange Project budget; and the City recognizes that the Interchange Project is an opportunity WHEREAS, to enhance the Gateway to the community and to provide distinguishing characteristics that will identify Woodburn as an attractive destination; and the City views the Interchange Project as essential to the future WHEREAS, economic viability of the community and surrounding region, optimizing the positive visual impact of the Interchange Project is appropriate, NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: The City of Woodburn agrees to establish a Woodburn Section 1. Interchange Aesthetic Advisory Panel. That the Mayor, with the assistance of the City Administrator, Section 2. identify appropriate members of the community to participate in the Woodburn Aesthetic Advisory Focus Group and present those individuals to Council at a future date for approval by motion. Approved as to form: City Attorney Date Page 1 - COUNCIL BILL NO. 2812 RESOLUTION NO. 1957 îç Approved: __________________________________ Kathryn Figley, Mayor Passed by Council __________________________ Submitted to the Mayor __________________________ Approved by the Mayor __________________________ Filed in the Office of the Recorder __________________________ ATTEST: Christina Shearer, City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. 2812 RESOLUTION NO. 1957 íð