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09-13-2010 Agenda PacketCITY OF WOODBURN CITY COUNCIL AGENDA S EPTEMBER 1 2 - 7: P.M. KATHRYN FIGLEY, MAYOR DICK PUGH, COUNCILOR WARD I J. MEL SCHMIDT, COUNCILOR WARD II PETER MCCALLUM, COUNCILOR WARD III JAMES COX, COUNCILOR WARD IV FRANK LONERGAN, COUNCILOR WARD V ERIC MORRIS, COUNCILOR WARD VI CITY HALL COUNCIL CHAMBERS - 270 MONTGOMERY STREET 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: None. Appointments: A. Sharon Corning - Planning Commission 1 4. PROCLAMATIONS /PRESENTATIONS Proclamations None. Presentations: A. Fiesta Mexicana 5. COMMUNITY /GOVERNMENT ORGANIZATIONS A. Chamber of Commerce B. Woodburn School District 6. COMMUNICATIONS None. 7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council consideration not already scheduled on the agenda. 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. "Habra interpretes bisponVes para aqudfas personas que no 6ab(an Ingfes, previo acuerbo. Comuniquese af (503) 980- 2485. September 13, 2010 Council Agenda Page i A. Woodburn City Council minutes of August 9, 2010 3 Recommended Action Approve the minutes. B. Woodburn Planning Commission minutes of June 24, 2010 6 Recommended Action Accept the minutes. C. Woodburn Planning Commission minutes of July 22, 2010 8 Recommended Action Accept the minutes. D. Crime Statistics through August 2010 11 Recommended Action: Accept the report. E. Liquor License Application - Change of Ownership 15 Recommended Action The Woodburn City Council recommends that the OLCC approve a Change of Ownership application for Woodburn Grocery Outlet. F. City Attorney Evaluation 18 Recommended Action Schedule the annual evaluation of the City Attorney for September 27, 2010. 9. TABLED BUSINESS None. 10. PUBLIC HEARINGS A. Zone Change 2010 -01: Neighborhood Conservation Overlay 19 District (NCOD) 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. Proposed Agreement between the City of Woodburn and the 57 Woodburn Chamber of Commerce to conduct the Fiesta Mexicana Recommended Action: Approve the proposed three year agreement with the Woodburn Area Chamber of Commerce authorizing the Chamber to assume the role of Fiesta Mexicana Lead Sponsor. September 13, 2010 Council Agenda Page ii B. Award of Construction Contract for Alexandra Avenue Street 69 Improvements Recommended Action: that the City Council, acting as the Local Contract Review Board, award a construction contract for the Alexandra Street improvements to Gelco Construction Co. in the amount of $125,376.20. C. Award of Construction Contract for Water Main Extension from 71 Evergreen Road to Parr Road Recommended Action: that the City Council, acting as the Local Contract Review Board, award a construction contract for the Water Main Extension from Evergreen Road to Parr Road to Canby Excavating, Inc. in the amount of $406,160.00. D. Acceptance of Public Utility Easement on 1490 Brown Street (Tax 73 Lot 051 W 18C00600) Recommended Action: Accept a twenty (20) foot Public Utility Easement granted by HBUF, LLC, property owners of 1490 Brown Street in Woodburn, Oregon (Tax Lot 051 W 18C00600). E. Acceptance of Public Utility Easement on 1 636 Brown Street (Tax 81 Lot 051 W 19 B00200) Recommended Action: Accept a twenty (20) foot Public Utility Easement granted by MSRH, LLC, property owners of 1636 Brown Street in Woodburn, Oregon (Tax Lot 051 W 19600200). F. Acceptance of a Public Right -of -Way Dedication along the 88 Frontage of 2401 N Boones Ferry Road (Tax Lot 051 W07BA01100) Recommended Action: Accept a seven foot Public Right -of- Way dedication granted by Qwest Corporation, property owners of 2401 N Boones Ferry Road in Woodburn, Oregon (Tax Lot 051 W07BA01 100). G. Marion County Zone change /Comprehensive Plan /Conditional 95 Use Case 09- 012 /Wurdinger Recommended Action: Authorize the Mayor and City Staff to testify at the September 22, 2010 public hearing before the Marion County Board of Commissioners in opposition to Zone Change /Comprehensive Plan Amendment /Conditional Use Case 09- 012 /Wurdinger. H. Audit Services 99 Recommended Action: Authorize the City Administrator to September 13, 2010 Council Agenda Page iii enter into a contract for audit services with Grove, Mueller and Swank, P.C. to conduct the City's financial statement audit for fiscal years 2009 -2010 and 2010-2011. 12. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These are Planning Commission or Administrative Land Use actions that may be called up by the City Council. None. 13. CITY ADMINISTRATOR'S REPORT 14. MAYOR AND COUNCIL REPORTS 15. ADJOURNMENT September 13, 2010 Council Agenda Page iv C L A, • A l: W - U N"oolto ��N }I:c0 tPOra P i d ;88 September 13, 2010 TO: City Council FROM: Kathy Figley, Mayor SUBJECT: Planning Commission Appointment The following appointment is made, subject to the approval of the Council. Please forward any adverse comments to me prior to the Council meeting on Monday, September 13, 2010. No reply is required if you approve of my decision. PLANNING COMMISSION New appointment o Sharon Corning for a term to expire December 2011 CITY OF WOODBURN tows:rrr APPLICATION FOR COMMISSION/COMMITTEE/BOARD MEMBER QODBURN Name Sharon C. Corning Date: Aug. 27, 2009 Present Address: 485 Garfield Street City /State /Zip: Woodburn, OR 97071 Phones: Work: None Home: 503- 982 --4758 Message: Same Years Lived In Woodburn: 6 Months Occupation: Retired Paralegal Education: 2 years college Address for Past 5 Years: 902 NE 123rd Ave. City/State/Zip: Vancouver, WA 98684 Commission /Committee /Board Applying For (excluding City Council and Mayor position ): ❑ Woodburn Budget committee ® Woodburn Plannin g commission ❑ Woodburn Library Board ❑ Woodburn Recreation and Parks Board ❑ Woodburn Livability Task Force ❑ Other (Specify) ❑ Woodburn Museum Committee Why you want to apply: I want to contribute to my community. What experience/expertise/interest do you have for this group? I worked for law firms for over 25 y ears as a legal researcher and technical writer. I spent years reading and analyzing complicated documents. I am accustomed to working on teams to identify and accomplish common goals. I am . g experienced in leading teams to reach a consensus and conclusion. I am retired now, and want to use any skills to make a contribution to my community. I am very interested in helpin g mold the future of Woodburn. When you apply, it is understood that you will be volunteering to attend all meetings and to actively participate. Commissions/Committees/Boards generally meet once monthly during the evening hours. Some groups may meet more often, if necessary. THIS FORM IS NOT AN APPLICATION FOR A CITY COUNCIL OR MAYOR POSITION. For City Use Only Dated Received: Mayor's Decision: COUNCIL MEETING MINUTES August 9, 2010 HR:MN 0:00 0:01 0:04 0:11 0:12 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 9, 2010. CONVENED The meeting convened at 7:00 p.m. with Mayor Figley presiding. ROLL CALL Mayor Figley Present Councilor Cox Present REPORTS A. Chamber of Commerce"— Don Judson; Executive Director of the Woodburn Area TELECOMMUNICATIONS FRANCHISE TO LIGHTSPEED NETWORKS, INC. TO OCCUPY CERTAIN RIGHS -OF -WAY WITHIN THE CITY OF WOODBURN McCallum introduced Council Bill No. 2836. Recorder Shearer read the bill by title only since there were no objections from the Council. Councilor McCallum asked for about which rights -of -way would be affected. Economic and Community Development Director Hendryx and Public Works Director Brown clarified. City Administrator Derickson conveyed that the applicant has expressed a sense of urgency and is dissatisfied with the length of time necessary to approve the application. Page 1 - Council Meeting Minutes, August 9, 2010 COUNCIL MEETING MINUTES August 9, 2010 HR:MN Cox /McCallum ... amend the ordinance by adding an emergency clause making the ordinance effective on signing. There was discussion by Councilor Schmidt regarding franchise fees in general. The motion passed unanimously. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2836 duly passed. 0:33 COUNCIL BILL NO. 2837 — A RESOLUTION ADOPTING THE WASTEWATER FACILITIES PLAN AND RATE STUDY AS REQUIRED BY THE OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY AND DIRECTING STAFF TO IMPLEMENT SAID PLAN RATES IN ORDER TO IMPLEMENT THE WASTEWATER FACILITIES PLAN AND RATE STUDY AND SETTING EFFECTIVE DATES McCallum introduced Council Bill No. 2838. Recorder Shearer read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously., Mayor Figley declared Council Bill No. 2838 duly passed. 0:38 TRANSIENT OCCUPANCY GRANT DISTRIBUTION AND PROPOSED THREE YEAR AGREEMENT DRAIN IMPROVEMENTS Lonergan /McCallum...Council, acting as the Local Contract Review Board, award a construction contract for the Willow Avenue Storm Drain Improvements to GT Excavating, LLC in the amount of $56,473.87. The motion passed unanimously. 0:48 CANCELLATION OF AUGUST 23, 2010 COUNCIL MEETING Cox /Pugh... meeting of August 23, 2010 be cancelled. The motion passed unanimously. Page 2 - Council Meeting Minutes, August 9, 2010 PJ COUNCIL MEETING MINUTES August 9, 2010 HR:MN 0:48 DIRECTOR'S APPROVAL OF ZONING ADJUSTMENT 2010 -01, AT 703 N. EVERGREEN ROAD (SILVER CREEK ASSISTED LIVING CENTER) Council declined to call this item up for review. 0:49 CITY ADMINISTRATOR'S REPORT McCallum/Pugh ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:10 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Christina M. Shearer, Recorder City of Woodburn, Oregon Page 3 - Council Meeting Minutes, August 9, 2010 KI WOODBURN PLANNING COMMISSION MEETING MINUTES June 24, 2010 CONVENED: The Planning Commission met in a regular session, followed by a workshop, at 7:00 p.m. in the City Hall Council Chambers with Chairperson Bandelow presiding. ROLL CALL Chairperson an a aw . . . . ..... ....... resent Commissioner ( rego�rieff Absent (Pre-arranged) Commissione uhn -arran Absent Pre -arranged) g Vice-Chairp �� l; Present Commissione ... . .. I�' . .... pa gy Present Commissioner . .. P� e r. Prese n t Staff Present Jim Hendryx, Director of Economic and Development Services Vicki Musser, Recording Secretary Minutes A. Woodburn Planning Commission Meeting Minutes of June 10, 2010 B. Final Order PCUN 2010 -03; ExCP 2010 -03; PLA 2010 -01 Commissioner Jennings moved to accept the minutes as written, and Commissioner Kenagy seconded the motion, which was carried unanimously. Business From The Audience There was none. Communication There was none. Public Hearin A. Commissioner Jennings moved to have Final Order Land Use Decision: DR 2010 -03; ExCP 2010 -03; PLA 2010 -01 discussed and approved as the first agenda item. Commissioner Piper seconded the motion, and the Final Order was approved by the Commission. Planning Commission Meeting — June 24, 2010 Page I of 2 Sign PVoi- ksho]_? The latest revision of the Woodburn Sign Ordinance recommendations (6- 24-10, revised 6- 24 --10) was distributed to the Commissioners. The Commissioners discussed various sections of the proposed changes, and made some further suggestions. ■ Monument signs: The recommendation states that "A monument sign less than 4 feet high need not have a solid base ". This height was discussed, and changed to 5 feet. ■ Feather flags were discussed extensively. • The definition of temporary signs needs to be clarified. ■ Guide wire regulations are mentioned in several places that appear to contradict themselves. ■ Charts and tables in the Sign Ordinance need a title above them, to avoid confusion. Various formatting issues need to be corrected. The numbers indicating different sections of the Sign Ordinance are confusing, and a table of contents would help. Jim .l lendryx, Director of Economic and Development Services, stated that the whole goal of the revision is to clarify and simplify the Sign Ordinance, He said that he would present a packet at the next meeting that would include a definition of temporary signs, information on whether feather flags can be allowed as temporary signs, and further sii of formatting issues. Commissioner Piper noted that overall, the ordinance revision is compatible with business practices. ADJOURNMENT Vice-Chairperson Jennings moved to adjourn the meeting /workshop. Commissioner Kena seconded the motion, which carried unanimously. The meeting was adjourned at 7:59 pm. t ^1 APPROVED El en Bantle ow, C AIRPERSON a A "I"TEST .:wines N.P. Hendryx y Economic & 'Develo _ anent Services Director P City of Woodburn, Oregon I'lonning Conimission Alleeling Dat Date Page 2 of 2 5 WOODBURN PLANNING COMMISSION MEETING MINUTES July 22, 2010 CONVENED: The Planning Commission met in a regular session, followed by a workshop, at 7:00 p.m. in the City Hall Council Chambers with Chairperson Bandelow presiding. ROLL CALL Chairperson Commissioner Commissioner Vice - Chairperson Commissioner Commissioner Present Present Present -- Arrived 7:10pm Present Present Present Staff Present Jim Hendryx, Director of Economic and Development Services Don Dolenc, Associate Planner Jon Stuart, Assistant City Attorney Minutes A. Woodburn Planning Commission Meeting Minutes of June 24, 2010 Commissioner Jennings moved to accept the minutes as written, and Commissioner Kenagy seconded the motion, the motion carried unanimously. Business From The Audience There was none. Communication There was none. Public Hearin A. Zone Change ZC 2010 -01, expanding the Neighborhood Conservation Overlay District (NCOD). Chairperson Bandelow outlined the hearing procedure for consideration of a Type IV Legislative Amendment. Associate Planner Don Dolenc provided a staff report outlining the request to expand the Neighborhood Conservation District west and south of the current boundary. Commissioners asked clarifying questions on the underlying intent of the NCOD, the housing age within the expansion area, and the design standards for the NCOD. There was general discussion among the Commission about. the NCOD and its goals. Planning Commission Meeting ---- July 22, 2010 Page 1 of 3 Chairperson Bandelow asked for public comments. Durrell Crays, 167 N Settlemier, Woodburn, Oregon, who represents the Historic Woodburn Neighborhoods Association, presented testimony in support of the proposed expansion to the NCOD, describing the Association's efforts to gather petitions from all property owners impacted by the proposal. Crays answered the Commissioners' questions about the age of homes within the expansion area and also explained the benefits of protecting the architectural integrity of the neighborhood and expansion area. Merri Berlin, 167 N Settlemier, Woodburn, Oregon, a member of the Historic Woodburn Neighborhoods Association, spoke to the Commission about the effort that went into gathering petitions of support for the expansion of the NCOD. Berlin answered the Commissioners' questions about specific properties and whether the petitioners understood the requirements of the NCOD. Berlin assured the Commission that petitioners were provided with the opportunity to review NCOD standards. Chairperson Bandelow closed the public hearing. Commissioners discussed the merits of the request to expand the NCOD. They also talked about including newer homes (constructed in the 60's & 70's) within the district. Commissioner Jennings moved to recommend that the City Council approve ZC 2010 -01, and Commissioner Kenagy seconded the motion. The motion passed 5 to 1 with Commissioner Hutchison voting in opposition to the motion. Oregon Department of Transportation — Transportation Enhancement Grant Economic and Development Services Director Jim Hendryx provided information about an Oregon Department of Transportation grant application the City is making for an esplanade between Cleveland and Lincoln streets, on the east side of the rail road tracks. Hendryx asked for Planning Commission support of the grant application. The Commissioners discussed the merits of the application and asked to have the fencing /wall design return for their input. Commissioners Piper and Jennings moved to support the ODOT grant application, and the motion passed with Commissioner Kenagy voting in opposition. The Chair was authorized to sign a letter in support of the grant application. Chairperson Bandelow announced that the Commission would go into a workshop to discuss the proposed sign standard revisions and invited people in the audience to stay through the workshop. Planning Commis.vion Meeting — July 22, 2010 Page 2 of 3 Hendryx presented a brief overview of the sign review process leading up to the C:omn - iission's present workshop, o utlin ing a ll the c haiiges recommen by the Commission. There was considerable discussion about freeway- oriented signs, as well as signage for the Woodburn Company Stores. The Commission recommended that the proposed standards be amended to allow sites with street frontages in excess of 1200 feet to have pole suns up to 850 square feet in size. The Commission also asked staff to evaluate temporary signage requirements, recognizing that commercial real estate signs typically exceed the size and time limits proposed in the draft text. Staff will return with r text. Commissioner Jennings stated that the Commission should p to public hearings on the proposed amendments, and that the Written sign text represents their recommendations throughout the W or kshop meetings held to date. `There was consensus to proceed to public hearings. Adj ournment Chairperson I3andelow asked for a motion to adjourn the meeting. Commissioner Jennings moved to adjourn and Kenagy seconded the motion, and the me was adjourned t- &. APIIROVE.f Ellen Bandelow ��a.t . �C� A James N.P. Hendryx - L Date Economic & :Development Services Director i City of Woodburn, Oregon Planning (,,Ioi 2inJ.ssion Mee Iing - -- July 22, 2010 Page 3 of 3 9 Woodburn Police Department MONTHLY CRIMINAL OFFENSES JANUARY THRU AUGUST 2010 CHARGE DESCRIPTION Total Jan Feb Mar Apr May Jun Jul Aug A GGRAVATED ASSAULT 11 1 2 2 0 1 2 0 3 A NIMAL CRUELTY 1 0 1 0 0 0 0 0 0 A NIMAL ORDINANCES 14 0 3 2 0 3 3 2 1 A RSON 12 0 2 2 1 6 1 0 0 A SSAULT SIMPLE 79 9 12 10 5 15 13 5 10 BOMB THREAT 1 0 0 0 0 0 0 0 1 BURGLARY - BUSINESS 27 3 5 8 4 1 6 0 0 BURGLARY - OTHER STRUCTURE 20 5 2 3 5 1 2 1 1 BURGLARY - RESIDENCE 50 12 7 9 3 5 5 3 6 CHILD NEGLECT 5 0 0 2 1 1 0 0 1 CITY ORDINANCE 1 0 0 0 0 0 1 0 0 CRIME DAMAGE -NO VANDALISM OR ARSON 126 33 20 26 12 12 12 5 6 CRIMINAL MISTREATMENT 3 0 0 0 2 0 1 0 0 CURFEW 3 1 0 0 1 1 0 0 0 CUSTODY - D ETOX 6 0 1 0 0 0 2 3 0 CUSTODY - MENTAL 26 7 3 4 2 1 3 4 2 DISORDERLY CONDUCT 36 5 5 2 3 7 6 3 5 DRIVING UNDER INFLUENCE 50 2 2 7 5 10 6 9 9 DRUG LAW VIOLATIONS 61 4 7 6 14 8 9 6 7 DWS /REVOKED - FELONY 1 1 0 0 0 0 0 0 0 DWS /REVOKED - MISDEMEANOR 20 2 2 4 1 5 3 2 1 ELUDE 9 0 1 2 1 3 0 0 2 EMBEZZLEMENT 2 1 0 0 0 1 0 0 0 ESCAPE FROM YOUR CUSTODY 1 0 1 0 0 0 0 0 0 EXTORTION /BLACKMAIL 1 0 0 0 0 0 0 0 1 FAIL TO DISPLAY OPERATORS LICENSE 9 0 0 0 2 1 2 4 0 FAILURE TO REGISTER AS SEX OFFENDER 1 0 0 0 0 1 0 0 0 FAMILY -OTHER 1 1 0 0 0 0 0 0 0 FORCIBLE RAPE 2 0 1 0 0 1 0 0 0 FORGERY /COUNTERFEITING 36 5 2 8 5 5 1 4 6 FRAUD - BY DECEPTION /FALSE PRETENSES 5 1 0 0 0 1 0 1 2 FRAUD - CREDIT CARD /AUTOMATIC TELLER MACHINE 24 7 1 2 3 3 2 2 4 FRAUD - IMPERSONATION 9 0 1 1 1 3 1 0 2 FRAUD - NO ACCOUNT - CHECK 1 0 0 0 0 0 0 0 1 FRAUD - OF SERVICES /FALSE PRETENSES 1 0 0 0 0 1 0 0 0 FUGITIVE ARREST FOR ANOTHER AGENCY 119 16 19 13 9 15 13 14 20 FURNISHING 6 3 0 0 1 0 1 1 0 GARBAGE LITTERING 6 0 0 2 2 0 0 2 0 HIT AND RUN FELONY 3 0 0 0 2 0 0 0 1 HIT AND RUN - MISDEMEANOR 92 11 9 13 9 11 9 15 15 IDENTITY THEFT 15 1 0 3 2 3 2 1 3 INTIMIDATION /OTHER CRIMINAL THREAT 38 7 6 3 3 7 2 5 5 KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 5 0 1 0 1 0 1 2 0 LICENSING ORDINANCES 2 0 0 1 0 1 0 0 0 MINOR IN POSSESSION 23 3 2 0 6 2 4 2 4 MINOR IN POSSESSION - TOBACCO 1 0 0 0 0 0 0 1 0 MISCELLANEOUS 56 10 4 6 7 13 7 6 3 MOTOR VEHICLE THEFT 50 12 7 5 3 6 11 1 5 OTHER 37 5 5 6 6 2 2 6 5 PROPERTY - FOUND LOST MISLAID 38 9 2 6 2 3 12 2 2 PROPERTY RECOVER FOR OTHER AGENCY 1 0 0 0 0 0 0 1 0 PUBLIC HEALTH AND SAFETY ORDINANCES 1 0 0 0 0 0 0 1 0 RECKLESS DRIVING 10 0 0 2 3 3 0 1 1 RESTRAINING ORDER VIOLATION 4 0 0 1 1 0 0 1 1 ROBBERY - BUSINESS 3 0 1 1 1 0 0 0 0 ROBBERY - HIGHWAY 1 0 0 0 1 0 0 0 0 ROBBERY-OTHER 3q 1 0 0 0 1 0 0 1 Page 1 of 2 9 Woodburn Police Department MONTHLY CRIMINAL OFFENSES JANUARY THRU AUGUST 2010 2009 Total 2,327 276 297 289 309 283 261 313 299 2008 Total 2,730 323 362 299 293 362 349 342 400 Offenses /Year 2800 2400 2000 � 1600 Z W � 1200 0 800 400 0 Page 2 of 2 10 2008 2009 2010 YEAR Total Jan Feb Mar Apr May Jun Jul Aug RUNAWAY 20 1 2 5 3 2 4 2 1 SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY 5 0 0 1 2 0 0 1 1 SEX CRIME - EXPOSER 1 0 0 1 0 0 0 0 0 SEX CRIME - FORCIBLE SODOMY 2 0 0 0 0 1 0 1 0 SEX CRIME - MOLEST (PHYSICAL) 16 5 6 1 1 2 0 0 1 SEX CRIME - NON FORCE SODOMY 1 0 0 0 1 0 0 0 0 SEX CRIME - NON -FORCE RAPE 2 0 0 1 0 0 0 1 0 SEX CRIME - OTHER 1 0 0 0 0 0 0 0 1 SEX CRIME - PORNOGRAPHY /OBSCENE MATERIAL 1 0 1 0 0 0 0 0 0 STALKER 1 0 0 0 0 0 1 0 0 STOLEN PROPERTY - RECEIVING, BUYING, POSSESSING 2 0 0 0 0 1 1 0 0 SUICIDE 3 1 2 0 0 0 0 0 0 THEFT - BICYCLE 14 1 1 0 1 2 3 2 4 THEFT - BUILDING 19 1 4 6 2 1 1 3 1 THEFT - COIN OP MACHINE 6 0 0 0 0 0 2 2 2 THEFT - FROM MOTOR VEHICLE 138 46 20 28 15 12 7 4 6 THEFT - MOTOR VEHICLE PARTS /ACCESSORIES 22 11 6 1 1 0 1 1 1 THEFT - OTHER 80 11 8 12 5 10 8 17 9 THEFT - PICKPOCKET 2 1 0 0 0 0 1 0 0 THEFT - PURSE SNATCH 3 1 0 0 0 0 1 1 0 THEFT - SHOPLIFT 62 7 4 14 8 8 9 6 6 TRAFFIC VIOLATIONS 115 11 8 18 11 18 12 18 19 TRESPASS 38 5 6 6 5 6 5 4 1 UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 45 6 7 16 5 2 5 2 2 V ANDALISM 201 31 17 26 23 47 33 11 13 V EHICLE RECOVERD FOR OTHER AGENCY 11 3 0 0 2 1 3 0 2 ARRANT ARREST FOR OUR AGENCY 31 0 0 0 7 6 11 3 4 W EAPON - CARRY CONCEALED 9 0 2 1 1 2 1 1 1 W EAPON - EX FELON IN POSSESSION 1 0 1 0 0 0 0 0 0 W EAPON - POSSESS ILLEGAL 3 2 0 0 0 0 0 1 0 Total Jan Feb Mar Apr May Jun Jul Aug 2010 Total 2 322 232 299 223 285 254 197 212 2009 Total 2,327 276 297 289 309 283 261 313 299 2008 Total 2,730 323 362 299 293 362 349 342 400 Offenses /Year 2800 2400 2000 � 1600 Z W � 1200 0 800 400 0 Page 2 of 2 10 2008 2009 2010 YEAR 9,8,2010 Woodburn Police Department MONTHLY ARRESTS BY OFFENSES JANUARY THRU AUGUST 2010 CHARGE DESCRIPTION Total Jan Feb Mar Apr May Jun Jul Aug A GGRAVATED ASSAULT 9 0 1 1 0 2 1 1 3 A NIMAL ORDINANCES 13 0 3 2 0 2 3 3 0 A RSON 1 0 1 0 0 0 0 0 0 A SSAULT SIMPLE 86 8 19 11 7 12 13 6 10 BURGLARY - OTHER STRUCTURE 4 2 0 1 0 0 0 0 1 BURGLARY - RESIDENCE 12 2 2 6 0 0 0 0 2 CHILD NEGLECT 20 12 0 3 0 3 0 0 2 CITY ORDINANCE 1 0 0 0 0 0 0 1 0 CRIME DAMAGE -NO VANDALISM OR ARSON 9 4 3 0 0 1 1 0 0 CRIMINAL MISTREATMENT 2 0 0 0 1 0 1 0 0 CURFEW 7 2 0 0 1 4 0 0 0 CUSTODY - D ETOX 6 0 1 0 0 0 2 3 0 CUSTODY - MENTAL 26 7 3 4 2 1 3 4 2 DISORDERLY CONDUCT 46 3 12 4 4 8 9 2 4 DRIVING UNDER INFLUENCE 50 2 2 7 5 10 6 9 9 DRUG LAW VIOLATIONS 77 6 7 8 12 19 10 7 8 DRUG PARAPHERNALIA 1 1 0 0 0 0 0 0 0 DWS /REVOKED - FELONY 1 1 0 0 0 0 0 0 0 DWS /REVOKED - MISDEMEANOR 20 2 2 4 1 5 3 2 1 ELUDE 6 0 1 1 1 2 0 0 1 EMBEZZLEMENT 1 0 0 0 0 0 0 0 1 ESCAPE FROM YOUR CUSTODY 1 0 1 0 0 0 0 0 0 FAIL TO DISPLAY OPERATORS LICENSE 9 0 0 0 2 1 2 4 0 FAILURE TO REGISTER AS SEX OFFENDER 1 0 0 0 0 1 0 0 0 FAMILY -OTHER 10 10 0 0 0 0 0 0 0 FORGERY /COUNTERFEITING 10 1 1 3 0 0 1 2 2 FRAUD - ACCOUNT CLOSED CHECK 1 0 0 0 0 0 0 0 1 FRAUD - BY DECEPTION /FALSE PRETENSES 1 0 0 0 0 0 0 1 0 FRAUD - CREDIT CARD /AUTOMATIC TELLER MACHINE 2 1 0 1 0 0 0 0 0 FRAUD - IMPERSONATION 2 0 1 0 0 1 0 0 0 FRAUD - OF SERVICES /FALSE PRETENSES 1 0 0 0 0 1 0 0 0 FUGITIVE ARREST FOR ANOTHER AGENCY 123 19 18 12 9 16 13 17 19 FURNISHING 5 3 0 0 0 0 1 1 0 GARBAGE LITTERING 7 0 0 2 3 0 0 2 0 HIT AND RUN - MISDEMEANOR 9 1 0 1 2 0 0 3 2 IDENTITY THEFT 2 1 0 1 0 0 0 0 0 INTIMIDATION /OTHER CRIMINAL THREAT 28 4 7 2 3 3 3 2 4 KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 4 0 0 0 1 0 1 2 0 LICENSING ORDINANCES 1 0 0 1 0 0 0 0 0 MINOR IN POSSESSION 37 5 2 0 13 2 4 5 6 MINOR IN POSSESSION - TOBACCO 1 0 0 0 0 0 0 1 0 MOTOR VEHICLE THEFT 3 0 0 0 1 1 0 0 1 OTHER 32 5 3 4 7 1 2 7 3 PUBLIC HEALTH AND SAFETY ORDINANCES 1 0 0 1 0 0 0 0 0 RECKLESS DRIVING 10 0 0 2 3 3 0 1 1 RESTRAINING ORDER VIOLATION 5 0 1 1 0 0 1 1 1 ROBBERY - BUSINESS 2 0 1 0 1 0 0 0 0 ROBBERY - HIGHWAY 1 0 0 0 1 0 0 0 0 ROBBERY-OTHER 1 1 0 0 0 0 0 0 0 RUNAWAY 4 0 1 1 1 0 0 1 0 SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY 1 0 0 0 1 0 0 0 0 SEX CRIME - MOLEST (PHYSICAL) 6 3 2 0 1 0 0 0 0 SEX CRIME - NON FORCE SODOMY 1 0 0 0 1 0 0 0 0 SEX CRIME - NON -FORCE RAPE 1 0 0 0 0 0 0 1 0 SEX CRIME - PORNOGRAPHY /OBSCENE MATERIAL 1 0 1 0 0 0 0 0 0 Page 1 of 2 11 9,8,2010 Woodburn Police Department MONTHLY ARRESTS BY OFFENSES JANUARY THRU AUGUST 2010 2009 Total 1 136 199 169 170 168 192 173 176 2008 Total 1 197 207 164 172 185 150 192 253 Arrests /Year 1600 1400 1200 1000 N N 800 L L a 600 400 200 0 1,520 1,383 1,007 2008 2009 Year 2010 Page 2 of 2 12 Total Jan Feb Mar Apr May Jun Jul Aug STALKER 1 0 0 0 0 0 1 0 0 STOLEN PROPERTY - RECEIVING, BUYING, POSSESSING 3 0 0 0 0 1 1 0 1 THEFT - BICYCLE 1 0 0 0 0 0 1 0 0 THEFT - BUILDING 8 2 2 4 0 0 0 0 0 THEFT - FROM MOTOR VEHICLE 7 3 0 0 2 0 2 0 0 THEFT-OTHER 11 2 3 3 1 1 0 1 0 THEFT - PURSE SNATCH 1 1 0 0 0 0 0 0 0 THEFT - SHOPLIFT 51 10 4 8 5 6 11 3 4 TRAFFIC VIOLATIONS 108 10 8 17 11 18 13 14 17 TRESPASS 30 3 5 4 5 5 5 3 0 UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 6 3 0 0 0 0 2 1 0 V ANDALISM 12 1 5 0 4 0 2 0 0 ARRANT ARREST FOR OUR AGENCY 33 0 0 1 6 6 12 3 5 W EAPON - CARRY CONCEALED 10 0 2 2 1 2 1 1 1 W EAPON - EX FELON IN POSSESSION 1 0 1 0 0 0 0 0 0 W EAPON - POSSESS ILLEGAL 2 1 0 0 1 0 0 0 0 Jan Feb Mar Apr May Jun Jul Au 2010 Total 1 142 126 123 120 138 131 115 112 2009 Total 1 136 199 169 170 168 192 173 176 2008 Total 1 197 207 164 172 185 150 192 253 Arrests /Year 1600 1400 1200 1000 N N 800 L L a 600 400 200 0 1,520 1,383 1,007 2008 2009 Year 2010 Page 2 of 2 12 C L A, • A l: W - U N"'Olto ��N }I:c0 tPOra P i d ;88 September 13, 2010 TO: Honorable Mayor and City Council through City Administrator FROM: Scott Russell, Chief of Police SUBJECT: Liquor License Application - Change of Ownership RECOMMENDATION The Woodburn City Council recommends that the OLCC approve a Change of Ownership application, for Woodburn Grocery Outlet. BACKGROUND Applicant: LID Barnett Enterprise INC. 1575 Mt. Hood Avenue Woodburn, Oregon 97071 503 -810 -6817 Contact Person: Lynae Danese Barnett, President 6855 S.W. 174th P 1. Aloha, Oregon 97007 503 -981 -970 Business: Woodburn Grocery Outlet 1575 Mt. Hood Avenue, Suite 120 Woodburn, Oregon 97071 503 -981 -9707 (Wk) 503 -981 -9762 (Fax) Contact Person: Bill Smith 1575 Mt. Hood Avenue, Suite 120 Woodburn, Oregon 97071 503 -981 -9707 Owners: Grocery Outlet INC. Agenda Item Review: City Administrator x City Attorney x Finance x 13 Honorable Mayor and City Council September 13, 2010 Page 2 20005th Street Berkeley, California 94710 License Type: Off - Premises Sales On August 24, 2010 the Woodburn Police Department received an application requesting approval for Off - Premises Sales- Change of Ownership (Drop Partner /Add Partner) for the Woodburn Grocery Outlet located at 1575 Mt. Hood Avenue, Suite 120, Woodburn, Oregon. The above mentioned applicants are applying for this license through the Oregon Liquor Control Commission. The business will be open daily, Tuesday through Saturday, from 8:00 a.m. to 7:00 p.m. Sunday, from 9:00 a.m. to 7:00 a.m. and Monday, 8:00 a.m. to 9:00 p.m. This business is a grocery store that will service grocery items to include alcoholic and non - alcoholic beverages and will not have entertainment or live /disc jockey music. The Woodburn Police Department has received no communication from the public or surrounding businesses in support of, or against this location. DISCUSSION-- The Police Department has completed a background investigation, in connection with the OLCC, on the applicant and found nothing of a questionable nature, which would preclude the issuance of this license. FINANCIAL IMPACT None 14 rHiu A j 2 4 2010 '• OREGON LIQUOR CONTROL COMMISSION 1 S LIQ UOR LICENSE APPLI c,rr c woo�suRN A lication is bein ma for: LICENSE TYPES Q Fula On Premises Sales ($402.60/yr) ❑ Commercial Establishment Caterer ❑ Passenger Carrier • Other Public Location • Private Club ❑ Limited On- Premises Safes ($202.64lyr) 50 CtF- Premises Sates ($100 /yr) Ll .vith r=ue! Pumps LI Brewery Public House ($252.60) • Winery ($250lyr) • Other: ACTIONS • Change Ownership • New Outlet • Greater Privilege • Additional Privilege V D ro p p6jj4j, A d d A ,4; fxc r 91) -DAY AUTHORITY '�L Check here if you are applying for a change of ownership at a business that has a current liquor license, or if you are applying for an Oft- Premises Sales license and are requesting a 90-Day Temporary Authority APPLYING AS; D Limited Corporation Q Limited Liability ❑ Individuals Partnership Company CITY A N D COU USE ON LY Date application received: The City Council or County Commission: (name of eity or county) recommends that this 'license be: ❑ Grunted ❑ Deni ed By (signabim) (date) Name: Tile: OLCC USE ONLY Application Recd by: L'VIS Date. 90 authority: ❑ `!es 0 No i . Entity or Individuals applying for the license; See SEC`Tlal of the Guidel Ld Q, L LL-�t Lt c, , 0 1 2. Trade Narne (dbal,: o o db wc y 3. Business Location. , _MT �0 S Ulf? r -' L_.._ (number, stet, rural rout (city) (counts) (state} (ZIP code) 4. Business Mailing Address. t (PCB box, number, street, rural haute) (ciity) state) (ZIP code) 5. Business Numbers: C3 -� �� 9 (phone) (fax) 6. is the business at this loca#ien currently licersed by OLCO? dies EjNo T y p e of License_ 7. 11` Yes to whom: YP S. Former 8 usiness Name:�"� 9. V`4'iIl ycu have a manager`? JYes 6N❑ Name (manager must aill out are individual, History (arm} 10 What is the local governing body where your business is 1cCated? W 0dbUir y (nanrre of aty or county) 11. Contact person ter this application: LA E CLV A 3- S V0 - � {name} (phone number;s)) address) (fax number) (e -mail address) I understand that if my answers are not true and complete the OLCC may deny my license application. Applicant(s) Signature {s} and hate: l ql� - - Date f ! �� C� V Date 1 ' IiJ _ __. �__ o R GoNTRC)L C.OMMISl 1- 800 -452 -0LCC (652-2) ■ www.oregon.gov /olcc AUG SAL 15 C L A, • A l: W - U N"oolto ��N }I:c0 tPOra P i d ;88 September 13, 2010 TO: Honorable Mayor and City Council FROM: N. Robert Shields, City Attorney SUBJECT: City Attorney Evaluation RECOMMENDATION Schedule the annual evaluation of the City Attorney for September 27, 2010. BACKGROUND & DISCUSSION The City Council conducts my annual evaluation each fall. My job description and an evaluation form will be provided to the Mayor and City Council prior to that date. FINANCIAL IMPACT None. Agenda Item Review: City Administrator x City Attorney x Finance x 16 C L A, • A l: WaODD B U R September 13, 2010 To: Honorable Mayor and City Council through City Administrator From: Jim Hendryx, Economic and Development Services Director Subject: Zone Change 2010 -01: Neighborhood Conservation Overlay District (NCOD) RECOMMENDATION: Conduct a legislative hearing on the requested zoning map change, expanding the Neighborhood Conservation Overlay District. Uphold the Planning Commission's decision to approve Zone Change ZC2010 -01. BACKGROUND: The City, acting at the request of the Woodburn Historic Neighborhoods Association, proposes to expand the boundaries of the Neighborhood Conservation Overlay District (NCOD) to include certain properties along Settlemier Avenue. The Planning Commission conducted a public hearing on July 22, 2010, and recommended that the City Council approve the request, which includes properties on Settlemier between Garfield Street and Parr Road. The NCOD establishes specific design standards for residential development within the district. DISCUSSION: None. FINANCIAL IMPACT: No financial impact. Agenda Item Review: City Administrator x City Attorney x Finance x 17 ODBU Department of Economic and Development Services Planning Division 270 Montgomery Street, Woodburn, Oregon 97071 • (503) 982 -5246 CITY COUNCIL STAFF REPORT PUBLIC HEARING Application Type Type IV Zoning Map Change Application Numbers ZC 2010 -01 Project Description The City, acting at the request of the Woodburn Historic Neighborhoods Association, proposes to change the boundaries of the Neighborhood Conservation Overlay District (NCOD) to include certain properties along Settlemier Avenue. Project Location Settlemier Avenue between Garfield Street and Parr Road. Zoning Residential Single- Family (RS) Planner Assigned Don Dolenc, Associate Planner 120 -Day Deadline Not applicable to legislative decisions Date of Staff Report August 27, 2010 Date of Public Hearing September 13, 2010 BACKGROUND & PROPOSAL This proposal expands the boundaries of the Neighborhood Conservation Overlay District (NCOD) to include properties of historic interest along Settlemier Avenue. The property proposed to be included in the NCOD is designated Low Density Residential on the Comprehensive Plan map, and is currently zoned Residential Single Family (RS). The Planning Commission conducted a public hearing on the matter on July 22, and referred the matter to the City Council with a recommendation of approval. H:AJaniceC1\01 - Attorney \Council \2010 \September \9 -13 \Staff report Council.doc Page 1 of 6 18 Proposed NCOD Expansion Area and Current NCOD ^ IFIA Proposed Fxpansion ofNCOD Rai I mod 4-50 Fea Public Works Deparimem |l:\JaniceCDO|- O| |3\S<aff report Counoiidoc Page 2ofb 19 ANALYSIS AND FINDINGS OF FACT Woodburn Comprehensive Plan Findings The Comprehensive Plan is a policy document that establishes the overall land use policy of the City. The policies and goals of the Comprehensive Plan are made specific and are implemented through subsidiary plans and ordinances, such as the Woodburn Development Ordinance. The specific provisions of the Development Ordinance must flow from and be consistent with the Comprehensive Plan — which itself must be consistent with statewide planning goals. Findings: The Woodburn Comprehensive Plan was originally Adopted in 1978. It has been amended 8 times since then, and has been acknowledged by the State of Oregon to be consistent with statewide planning goals. Findings: The Comprehensive Plan states that the goal of the NCOD is to "preserve, to the greatest extent practical, the architectural integrity of Woodburn's "older" (1890 -1940) neighborhoods." It also establishes three policies relative to the NCOD: • Identify residential neighborhoods that contain dwellings built between 1890 -1940, which represents that period of time the DDCD was developing. • Encourage those areas that are determined to be the City's older neighborhoods (1890 -1940) to implement the neighborhood conservation overlay district. • Seek funding sources to assist homeowners in rehabilitation efforts that implement overlay conservation districts standards. Findings: Property tax records indicate that 18 of the 43 properties in the proposed expansion area (42 %) were developed before 1940. Thirty -one of the properties (72 %) were developed at least 50 years ago. Conclusions: The proposed zone change is consistent with the Comprehensive Plan. The proposed expansion implements the policies articulated for the NCOD. Woodburn Development Ordinance Findings: Zoning map changes initiated by the property owners are Type IV quasi-judicial decisions. Zoning map changes initiated by the City are Type V legislative decisions. The current case was initiated by City Council Resolution No. 1968 — "a resolution initiating a legislative amendment to expand the Neighborhood Conservation Overlay District (NCOD)." Conclusions: The proposed map change is a Type V legislative decision. The decision -maker is the City Council. H: \JaniceCl \O l - Attorney \Council \2010 \September \9 -13 \Staff report Council.doc Page 3 of 6 20 WDO 2.102 Residential Single Family (RS) District Standards Findings: The property proposed to be included in the NCOD is currently zoned Residential Single Family (RS), and is governed by Section 2.102 of the WDO. Section 2.102.07.C.2 provides that single family and duplex dwellings located within the NCOD are subject to the architectural standards or guidelines of Section 3.107.04. 2.112 Neighborhood Conservation Overlay District (NCOD) Findings Section 2.112 references the architectural standards or guidelines of Section 3.107.04, but imposes no other regulation. Conclusions: The proposed overlay affects only the architectural standards and guidelines applicable to single family and duplex dwellings. In all other respects, the regulations of the underlying RS zone remain unchanged. WDO 3.101 Street Standards Findings: Settlemier Avenue is designated a Minor Arterial in the Transportation System Plan. A footnote in Figure 7 -2 states that streets designated as Historic Corridors do not require bicycle lanes or center turn lane. Figure 7 -1 show the boundaries of the Historic Settlemier Transportation Corridor. 1 P UBLIG UTILITY PUBLIC LJ TIUTY T E�SEI4IENT EASEMENT �• � ��& won MINOR �ir ARTERIAL 12' /1 S T R EET * S r 6' 6' 1 2' CENTER 12' �I� LAN �I � SID E LAND BIKE TRAVEL I'EFF TURN TRAVEE BIKE WALK SCA R'E LANE LANE LANE LANE LANE $CAPE WAIL K � 40 ROW _ 74' Detail from Figure 7 -2 of the Transportation System Plan H: \JaniceCl \01 - Attorney \Council \2010 \September \9 -13 \Staff report Council.doc Page 4 of 6 21 co UNCOLN { 0) H AYES CO 04 1 f Historic ''- Settlemier` Transportation, Corridor C. # +f RYE OATS` / R7 0 '- i .4q Detail from Figure 7 -1 of the Transportation System Plan Conclusions: The proposed rezoning extends the NCOD (approximately 200) beyond the southern limits of the Historic Settlemier Transportation Corridor. The proposed rezone does not affect the Transportation System Plan requirements. Future amendments to the Transportation System Plan should be considered extending the Historic Settlemier Transportation Corridor to coincide with the proposed boundaries of the NCOD. 3.107.04 Design Guidelines and Standards for Single Family and Duplex Dwellings in the Neighborhood Conservation Overlay (NCOD) Findings: Section 3.107.04 contains the architectural standards or guidelines for the NCOD. The provisions apply to new single family and duplex dwellings, and single family and duplex dwellings undergoing an exterior remodel. (The text of Section 3.107.04 is attached as Exhibit A.) Conclusions: The proposed zone change applies the architectural standards or guidelines of the NCOD to all properties included in the rezoning. In all other respects, the regulations of the underlying RS zone remain unchanged. Note: The Mayor and City Council have appointed a citizens group to recommend changes to the Development Ordinance. The group's recommendations are not final, and must still be presented to the Planning Commission and City Council in public hearings. The City Council is the final decision -maker for revisions to the Development Ordinance. The citizens group's preliminary recommendations include applying the architectural standards to all facades of all primary and accessory buildings in the NCOD. H: \JaniceCl \O l - Attorney \Council \2010 \September \9 -13 \Staff report Council.doc Page 5 of 6 22 WDO 5.104.04 Zoning Map Change, Owner Initiated Finding: The current case was initiated by City Council Resolution No. 1968 — "a resolution initiating a legislative amendment to expand the Neighborhood Conservation Overlay District." Conclusions: The Historic Woodburn Neighborhoods Association formally requested that the City Council initiate a legislative amendment expanding the boundaries of the NCOD. Legislative amendments must be found to be consistent with the Woodburn Comprehensive Plan, which in turn is consistent with the Statewide Planning Goals and Guidelines. The provisions of the WDO (Section 5.104.04) for Owner Initiated Zoning Map are not applicable to this request since it was formally initiated by the City Council. OVERALL CONCLUSION The proposed rezone is consistent with the Woodburn Comprehensive Plan and the Woodburn Development Ordinance. RECOMMENDATION If the Council approves the rezone, direct staff to prepare an ordinance amending the zoning map. LIST OF ATTACHMENTS A. Resolution 1968 B. Petition in Support of Extending NCOD Boundaries C. Additional Petition in Support of Extending NCOD Boundaries D. Proposed NCOD Expansion Petitioners Within the Proposed Expansion Area E. WDO 3.107.04 Design Guidelines and Standards for Single Family and Duplex Dwellings in the Neighborhood Conservation Overlay (NCOD) F. Minutes of the Planning Commission meeting of July 22, 2010 H: \JaniceCl \01 - Attorney \Council \2010 \September \9 -13 \Staff report Council.doc Page 6 of 6 23 COUNCIL BILL NO, 2828 RESOLUTION NO, 1968 A RESOLUTION INITIATING A LEGISLATIVE AMENDMENT TO EXPAND THE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT (NCOD) TO INCLUDE ADDITIONAL PROPERTIES FRONTING SETTLEMIER STREET WHEREAS, the Historic Woodburn Neighborhoods Association has submitted a p et iti on to expand the Neighborhood Conservation Overlay District (NCOD) to include properties on the east side of Settlemier, south of Settlemier Park to approximately Parr Road /Front Street, and north on the west side of Settlemier Street to Garfield Street, including the historic Settlemier H ouse; and WHEREAS, Section 4.101.17 of the Woodburn Development Ordinance provides that the City Council may initiate legislative proposals; and WHEREAS, the Neighborhood Conservation Overlay District ( NCOD) was originally established as part of the 1998 Downtown Development Plan, resulting in amendments to the Woodburn Comprehensive Flan and Woodburn Zoning Ordinance; and WHEREAS, the primary intent of the NCOD is to preserve the "architectural integrity of Woodburn's older (1890 - 1940) neighborhoods "; and WHEREAS, generally, the area west of the Downtown Conservation District PDC) makes up the city's oldest neighborhood and is included in the NCOD; and WHEREAS, development within the NCOD is required to respect the history and traditions of the Community by meeting specific design standards that are consistent with these typically found in older central neighborhoods; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: That a legislative amendment to expand the Neighborhood Conservation Overlay District (NCOD) is hereby initiated by the City Council pursuant to Section 4.101.17 of the Woodburn Development ordinance. 10" Approved as to form. City Attorney Appro ed:-/ Page t - Council Bill No. 2828 Resolution No. 196$ I �) /Lo1/0 Ka�firyn Fijgley,,�Mayo 75 ATTACHMENT A 24 _ Passed b the Council Submitted to the Ma Approved b the Ma Filed in the 0 e of the Recorder ATTEST: Christina Shearer, � Cit of Woodburn, `C'rr& Pa 2 - Council Bill No. 2828 Resolution No. 1968 --------- - 11 L2 .. .......... Petition in Support of Extending the Boundaries of the Woodburn Neighborhood Conservation Overlay District To: Mayor Kathy Figley Councilman Dick Pugh, Ward I Councilman Met Schmidt, Ward 2 Councilman Pete McCallum, Ward 3 Councilman Jim Cox, Ward 4 Councilman Frank Lonergan, Ward 5 Councilwoman Kristen Berkey, Ward 7 Sponsored by the Historic Woadbura NeiahborhaQds Association Background (Preamble): The Woodburn Neighborhood conservation overlay District was established with the adoption of the amended Woodburn Comprehensive Plan in October 2005. The stated goal of the district is to conserve the visual character and heritage of Woodburn"s oldest and most central neighborhood and the city has applied certain standards and additional regulations (architectural guidelines) to these properties. The Historic Woodburn Neighborhoods Association was formed in April 2008. The Association's goals are to preserve and protect the integrity and livability of Woodburn "s historic neighborhoods, including preservation of architectural integrity of historical houses, preservation of trees and other natural features, and protecting against increasing noise pollution and non - residential traffic. The Settlernier House and other historic homes on the west side of Settlemier Avenue were not included in the Woodburn Neighborhood Conservation Overlay District. Settlemier douse played a central rote in the provenance of much of Woodburn's Victorian Era hornebuilding, is the most easily- identifiable historic building in Woodburn and should be included in the district. Many other homes along Settlernier Avenue were built in the Victorian Era and provide a focus for study and enjoyment of the history of Woodburn. These homes should be included in the Conservation overlay District. Many non - residents of these homes, and residents of the Conservation Overlay District as it currently exists, are concerned about the preservation of the character of the historic neighborhood, the historic homes and other structures located in Woodburn along Settlemier Avenue. 26 Attachment B Petition The Historic Woodburn Neighborhoods Association proposes that the properties that front on the west side of Settlemier Avenue be included in the Woodburn Neighborhood Conservation Overlay District by an expansion of its current boundaries. The homeowners listed below agree that expansion of the Woodburn Neighborhood Conservation overlay District to include properties fronting on Settlernier Avenue would be beneficial to both the City of Woodburn and the residents of Woodburn and we urge the Woodburn City Council to tale such action as is necessary to expand the historic district, accordingly. Thank you for your time and especially for your attention to safeguarding Woodburn's historic resources. Owner Name and Address: ZE Signature: �-✓' i 1. r' v C . ' �'J 7 AFFIDAVXT State of Oregon } SS. [date; •i w _ C /1 0 7 County of Marion } � ` ;,, a Subscribed to and sworn before rune, on this day of 34 2009 by , personally known to me or proved to me on the basis of satisfactory evidence to be the person who appeared b re me: I a resident of the Marion County, State of Oregon, hereby do certify, swear and affirm that I collected the foregApg petition signatures at the addresses set forth herein on this date, The foregoing signatures are true to the best of my knowled e. DATED this day of 2OO9. SWORN to and subscribed to before on this, the AP OF FI CI AL. SEAS, NOTARY PUBLIC - OREGON COMMISSION NO, 426977 MY COMMISSION EXPIRES MARCH 20, 201 2 4 � Signature of Affiant ,,7q tm �, j day of -3ui - 2009. . �... Ndtat'lly Public for Oregon M Y Commission Expires; .. - 27 Owner Name and Address: �4 �W - d .3 r 11S� -r f f G Si e: Date: �w L' +n C r if r r I// l b �r .. AFFIDAVIT State of Oregon county of Marton � X009 b r f / & ersonally personally to and sworn before me, o n the ( day o � Y known to me or proved to me on the basis of satisfactory evidence to be the person who appeared before me: f � resident of the Marion county, State of Oregon, hereby do certify, swear and affirm that I collected the foregoing petition signatures at the addresses set forth herein on this date. The foregoing signatures are true to the best of my knowledge. DATED this � pia Y of 4iily 2009. ) . Signature of Affiant t VL M 4) SWORN to and subscribed to before on this, the day o f ` 2009. � a , ^ OFFICIAL SEAL. o Public for Oregon •� : '14 M Commission Expires -- � NOTARY PUBLIC - OREGON - ,�, COMMISSION No. 426977 MY COMMISSION EXPIRES MARCH 20, 24 12 28 Owner Name and Address: Signature: Date: AFFIDAVIT State of Oregon } } ss. County of Marion } Subscribed to and sworn before me, on this day of ,duly 2009, by , personally known to me or proved to me on the basis of satisfactory evidence to be the person who appeared before me: I , a resident of the Marian County, State of Oregon, hereby do certify, swear and affirm that I collected the foregoing petition signatures at the addresses set forth herein on this date. The foregoing signatures are true to the best of my knowledge. DATED this day of July 2009. Signature of Afflant SWORN to and subscribed to before on this, the day of 3uly 2009. Notary Public for Oregon Nay Commission Expires: 29 Petition in support of Extending the Boundaries of the Woodburn Neighborhood Conservation overlay District To: Mayor Kathy Figley Councilman Dick Pugh, Ward I Councilman Niel Schmidt, Ward 2 Councilman Pete McCallum, ward 3 Councilman Jim Cox, Ward 4 Councilman Frank Lonergan, Ward 5 Councilwoman Kristen Berkey, Ward 7 Spongoredly thg Historic W od r e' hborh od ci ion Background (Preamble): The Woodburn Neighborhood Conservation Overlay District was established with the adoption of the amended Woodburn Comprehensive Plan in October 2005. The stated goal of the district is to conserve the visual character and heritage of Woodburn"s oldest and most central neighborhood and the city has applied certain standards and additional regulations (architectural guidelines) to these properties, The Historic Woodburn Neighborhoods Association was formed in April 2008. The Association's goals are to preserve and protect the integrity and livability of Woodburn's historic neighborhoods, including preservation of architecturai integrity of historical mouses, preservation of trees and other natural features, and protecting against increasing noise pollution and non - residential traffic, The Settlemier House and other historic homes on the vest side of Settlemier Avenue were not included in the Woodburn Neighborhood Conservation Overlay District. Settlemier House played a central role in the provenance of much of Woodburn's Victorian Era hornebuilding, is the most easily- identifiable historic building in Woodburn and should be included in the district. Many other homes along Settlemier Avenue were built in the Victorian Era and provide a focus for study and enjoyment of the history of Woodburn. These homes should be included in the Conservation Overlay District, Many non - residents of these homes, and residents of the Conservation Overlay District as it currently exists, are concerned about the preservation of the character of the historic neighborhood, the historic homes and other structures located in Woodburn along N. Settlemier Avenue and S. Settlemier Avenue between Church Street and Cherry Street. 30 Petition: The Historic Woodburn Neighborhoods Association proposes that the properties that front on the west side of Settlemier Avenue be included in the Woodburn Neighborhood Conservation overlay District by an expansion of its current boundaries. The homeowners listed below agree that expansion of the Woodburn Neighborhood conservation overlay District to include properties fronting on Settlemier Avenue between church Street and Cherry Street would be beneficial to both the City of Woodburn and the residents of Woodburn and we urge the Woodburn City Council to take such action as is necessary to expand the historic district, accordingly. Each homeowner acknowledges that he or she received a copy of Woodburn city ordinances 2.112, 3.107.04, 5.101, 5.102.02, and 5.103.02 (See attached Ex. A). As homeowners, we also understand that inclusion in this conservation overlay district will impose certain additional regulations (architectural guidelines) that may require any future additions, remodels or new construction to conform to the original architecture of the property or the neighborhood in order to protect the architectural integrity of the historical neighborhood as a whole. Thank you for your time and especially for your attention to safe- guarding Woodburn's historic resources. Owner Name and Address: Signature: Sate; French Prairie Historical Society Settlemier Horse 355 N. Settlemier Ave. , k Woodbur oR 97071 lay: . Daniel Multo - c 333 N. Settlemier Ave. �- 11oadburn, OR 97071 Rufino and Aurora Ocampo 267 N. Settlemier Ave. JI Woodburn, OR 97071 Daniel and Peggy Dinges 209 N. ettlemier Ave. and )%A L01 4 1 199 N. Settlemier Ave. --- - Woodburn, OR 97071 L AFFIDAVIT State of Oregon } c ) SS. �• County of Marion } Subscribed to and sworn before me, on this day ofd, 2009, by �' �' , personally known to me or proved to me on the bas of satisfactory evidence to be the person who appeared be me: i,r { , a resident of the Marion County, State of Oregon, hereby do certify, swear and - - L _ " affirm that I collected the fore o ng petition signatures at the addresses set forth herein on this date. The foregoing signatures are true to the best of my knowledge. 41- ..I�oj Ile-- 3 &C- DATED this - day of ]-fie, 2009. � k SWORN to and subscribed to before on this, the 02. OFFICIAL SEAL APULELLO ZEPEDA �- NOT ARY PUBLIC - OREGON COMMISSION NO, 426977 MY COMMISSION EXPIRES MARCH 20 2 012 Signature of Affiant day of Rme, 2009. Notary Public for Oregon .. My Commission Expires: 31 owner Name and Address: Durrell Crays and Merrilie Berlin 167 N. Settlemier Ave. Woodburn, OR 97071 Nancy Bowman 11 I N, Settlemier Ave. Woodburn, OR 97071 William and Lorna Calinnis 139 S. Settlemier Ave. Woodburn, OR 97071 Arraam and Dunya Postnikov 185 S. Settlemier Ave. Woodburn, OR 37071 Fen and Cynthia Christensen 205 S. Settlemier Ave. Woodburn, OR 97071 Melinda Holly +A e: 235 S. Settlemier Ave. Woodburn, OR 97071 Sergei and Nida l~renkel 297 S. Settlemier Ave, Woodburn, OR 97071 Rk- 337 S. Settlemier Ave. Woodburn, OR 97071 r Martin warren and Barbara Johnson 355 S. Settlemier Ave. Woodbu OR 97071 AFFIDAVIT State of Oregon } ss. Si nature: S' r f � r • 1 r� Date: le j- - 7 �C 0 cr County of Marion . e� ,. Q me on this ' l day of fie, 2009, by , personally Subscribed to and sworn before Y !mown to me or proved to nee on the basis of satisfactory evidence to be the person who appeared befo me: x, rt , a resident of the Marion County, State of Oregon, hereby do certify, swear and affirm that I collected the foreg g petition signatures at the addresses set forth herein on this date. The foregoEn3 signatures are true to the best of my knowle Ve. -- -j � ;5 �- DATED thisf � day of 1,009. Signature of Affiant .. .'� - -- 5 on this 7 ��N t� and subscribed to before , the day of JetTe, 2009, {� OFFICIAL. SEAL Notary Public for Oregon D 4 . �► .: APULEt.LO ZEP rah ... .. ! ._ {• 1 .x .0REO0N M : NQTA�Y PUBLIC Y Commission Expires COMMISSION NO. 426977 My COMMiSSICN EXPIRES MARCH 2D, 2012 32 Owner dame and Address: Signature: Date: Ortega and Hortencia Garcia 397 S. Settlemier Ave. Woodburn, OR 97071 415 S. Settiemier Ave. Woodburn, OR 97 071 Terry T and Beth erso �y � 423 S. Settlemier Ave. Woodburn, OR 97071 j ( 27 v4 k ol Lo 5 4-c Sohn and Paula Hassi ng 485 S. Settlemier Ave. Woodburn, OR 97071 Brent and Jennifer Goodrick 503 S. Settlemier Ave. Woodburn, OR 97071 5 ttie ie� vc Woodburn, R 70N 3ose and Guadalupe Cortez 555 S, Settlemier Ave. Woodburn, OR 97071 "1 507 S. Settlemier Ave. Woodburn, OR 97071 � pp f � AFFIDAVIT State of Oregon } County of Marion } - Subscribed to and Sworn before me, on this day CzLL� Y y of fie- � 2009 b Y z � p ersonal! known to me or proved to me on the basis of satisfactory evidence to be the person who appeared befor e: t C , a resident of the Marion County, State of Oregon, hereby do certify, swear and affirm that I collected the fore 'ng petition signatures at the addresses set forth herein on this date. The foregoing signatures are true to the best of my knowledge, DATER this . day of 3une 2009. SWORN to and subscribed to before on this, the Signature of Affiant 1 - 2 C L _ Y day of R-nit, 2009. Nota y Public for Oregon M Y Commission Expires: 33 . OFFICIAL. SEAL APULELL0 ZEPEDA NOTARY PUBLIC OREGON COMMISSION NO, 425977 m y COMMISSION EXPIRES MARCH 2o, 201 Signature of Affiant 1 - 2 C L _ Y day of R-nit, 2009. Nota y Public for Oregon M Y Commission Expires: 33 owner Marne and Address: Signature: Gary and Linda Ruggles 595 S. Settlerier Ave. Woodburn, OR 97071 Gerald and Garthia Henderson 597 S. Settlemier Ave. Woodburn, OR 97071 Fedelina Carrillo 599 S. Settlemier Ave. Woodburn, OR 97071 Dallas and Kathryn Figley 601 S. Settlemier Ave. Woodburn, OR 97071 Mary Shubin 657 S, Settlerier Ave. Woodburn, OR 97071 a'Auj' - Filomeno Srito and Rufino ocampo 665 S. Settlemier Ave. Woodburn, OR 97071 Dolli Brown 683 S. Settlemier Ave. Woodburn, OR 97071 AFFIDAVIT r � 7/2-3/6-;)7 State of Oregon Ss. Co unty of Marion } N � � �'-; -� Subscribed to and sworn before me, on this day of Vi C` � � personall I i p Vie, 2009, by y known to me or proved to me on the basis of satisfactory evidence to be the person who appeared befbk me: a resident of the Marion County, State of Oregon, hereby do certify, swear and affirm that I collected the fore ing petition signatures at the addresses set forth herein on this date. The foregoing signatures are true to the best of ray knowledge. DATED this day of•4tme, 2009. � Signature of Affiant SWORN SWORN to and subscribed to before on this, the day of fie 2009. , t.r Notdy Public for oregon r OFFICIAL SEAL ... -�� '; • -- � : �� . �. ..., My Commission Expires. APULELLO ZEPEDA NOTARY PUBLIC OREGON Cod +FISSION NO. 426977 ICY 0 NIMISSIGN EXPIRES MARCH 20, 2012 Date: 6e t 34 owner fame and Address: 4 i T 1 7 5 S. Settlemier Ave, oodburn, OR 97 w - 7P5 S. Settlemier AW Woodburn, OR 97071 791 S. Settlemier Ave, Woodburn, OR 97071 Hate: 1 / 4'.� -7 z U7 -1 b� AFFIDAVIT State of Oregon } } ss C (-_ 0 -- 5 County of Marion C 0 S�ubsorlbed to and sworn before rye on this day of e b ,personally known to me or proved to rye on the basis of satisfactory evidence to be the person who appeared b4f e: . , a resident of the Marion County, State of Oregon, hereby do certify, swear and affirm that I collected the fore ing petition signatures at the addresses set forth herein on this date. The foregoing signatures are true to the best of my knowledge. DATED this ,�� day of Jtrn, 2009. � Signature of Affiant r" SWORN to and subscribed to before on this, the day of 3unQ, 2009. N to y Public for Oregon UFFiGiA� -SEAL fission �x i t�es : 2- '�' �-- .:� My C omm ission p APUU - - LLL; It:V W � - NO TARY PUBLIC - OREGON NO, my QbmmiSSIoN o OMMiSSioN 426977 EXPIRES MARCH 20, 35 Signature: Petition 'in Support of Extending the Boundaries of the Woodburn Neig hborhood Conservation overlay District To: Mayor Kathy Fi gley councilman Dick Pugh, Ward I Councilman Mel Schmidt, Ward 2 Council Pete m cCallum, Ward 3 Councilman Jim Cox, Ward 4 Councilman Frank Lonergan, Ward 5 Councilwoman Kristen Berkey, Ward 7 Sponsoredby the Historic Woodburn Neighborhoods Association Background (preamble): The wloodb g urn Neighborhood Conservation overlay District was established with the adoption of the amended p Woodburn oodhurn Comprehensive Plan in October 2005. The stated goal of the district is to conserve the visual character and heritage of Woodburn "s oldest and most central neighborhood and the city has applied certain standards and additional regulations (architectural guidelines) to these properties, The H oric wloodburn Neighborhoods Association was formed in April 2008. The Association's goals are to d protect the integrity and livability of Woodburn "s historic neighborhoods, including preservation of preserve an p g �, 'ry , -. j3 _ � ,f � J i of historical houses preser o, trees and other natural, features, and protecting against architectural g y increasing noise pollution and non - residential traffic, The Settlemier House and other historic homes on the wrest side of Settlemier Avenue were not included in the Woodburn neighborhood Conservation overlay District. played House la ed a central role in the provenance of much of Woodburn's Victorian Era hor��ebuilding, is Settlemier the most ea sily -identifiable - identifiable historic building in Woodburn and should be included in the district. Many other homes along Settlemre r Avenue were built in the Victorian Era and provide a focus for study and enjoyment of the history of Woodburn. These homes should be included in the Conservation Overlay District. Many non - residents of these homes, and residents of the Conservation overlay District as it currently exists, are p concerned about the reservation of the character of the historic neighborhood, the historic homes and other structures located in Woodburn along Settlemier Avenue. 36 Petltio n a The Historic Woodburn Neighborhoods Association proposes that the properties that front on the west side of Settlemier Avenue be included in the Woodburn neighborhood Conservation Overlay District by an expansion of its current boundaries. The homeowners listed below agree that expansion of the Woodburn Neighborhood Conservation Overlay District to include properties fronting on Settiernier Avenue would be beneficial to both the City of Woodburn and the residents of Woodburn and we urge the Woodburn City Council to take such action as is necessary to expand the historic district, accordingly. Thank Y ou for your time and especially for your attention to safeguarding Woodburn's historic resources. Owner Name and Address: S'gnature: � Date: GVi4�D�)3v1L1� "( '70 ! / V4 - - ---- 6 r 2, - AFFIDAVIT State of Oregon County of Marion �'V\DLt,, b Subscribed to and sworn before me, on this day of , y X009 personally Known to me or proved to nee based on satisfactory evidence to be the person who appeared before e. a resident of the Marion County, State of Oregon, hereby do certify, swear and affirm that colEected the fWegoing petition signatures at the addresses set forth herein on this date, The foregoing signatures are true to the best of my knowledge. DATED this day of z 2009, w Signature of Afnant SWORN to and s ubscribed to before on this, the day of i 2009. - f � t �V •f ff// OFFICIAL SEAL Not &ry Public for Oregon APULELLo ZEREDA Expires: x-�► NOTARY PUBL OREGON r� y Co m m issio n p GoMM iSSIDN NO. 426977 My coMMiSS10N EXPIRES MARCH 20, 2012 37 Owner Nance and Adds - ess; Si nature: Date: A- ell f AFFIDAVIT State of Oregon } ss. County of Marion } r Y ��• ' �.. subscribed to and sworn before m e on this day of 2009, by personally i ersonaii known to me or proved to me based on satisfactory evidence to be the person who appeared be e me; I, C . L .�., a resident of the Marion County, State of Oregon, hereby do certify, swear and affirm that r collected the foreg •ng petition signatures at the addresses set forth herein on this date. The foregoing signatures are trite to the best of nay knowledge, GATED this �.� day of 2009, Si gnature of Affiant SWORN { w to and subscribed to before on this, the �. _ day o€ DDY- 2009, a� OFFICIAL SEAL Notary Pubs ie for Oregon :,- APULELLO ZEPEDA My C ommission Expires; '2 NOTARY PUBLIC - OREGON COMMISSION NO. 426977 MMy 0 MMISSION EXPIRES MARCH 20, 38 Owner Name and Address: Signature: Date: AFFIDAVIT State of Oregon } ss. County of Marion } Subscribed to and sworn before me, on this day of 2049, by personally known to me or proved to nee based on satisfactory evidence to be the person who appeared before me: , a resident of the Marion County, State of Oregon, hereby do certify, swear and affirm that I collected the foregoing petition signatures at the addresses set forth herein on this date. The foregoing signatures are true to the best of ray knowledge. DATED this day of 2009, Signature of Affiant SWORN to and Subscribed to before on this, the day of 2049. Notary Public for Oregon My Commission Expires: 39 i - At 5F- March 24, 2010 Jim Hendryx Director, Economic and Development Services City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 Re: Additional Petition in Support of Extending the Boundaries of the Woodburn Neighborhood Conservation Overlay District Dead Jim: Following our discussion in January, about the area intended to be included in the Petition in Support of Extending the Boundaries of the Woodburn Neighborhood Conservation Overlay District, we drew up a reap describing the area the HWNA proposes be included in the NCOD. We also circulated the petition again and were able to contact several homeowners who agree with expanding the NCOD. We enclose the following: (1) Three copies of the official Zoning Map of the City of Woodburn, adopted Oct. 31, 2045, showing the current area of the NCOD and the proposed expansion of the district. (2) The third original Petition and notarized Affidavits signed by five Woodburn homeowners who support expansion of the current boundaries of the Woodburn Neighborhood Conservation Overlay District to include all properties fronting on 5ettlernier between Church Street and Cherry Street, (3) A copy of the general Notice of Public Hearing that we used to explain the process to the homeowners we tallied to, and (4) A copy of the Woodburn ordinances governing the NCOD given to each person who signed the Petition. 40 Attachment C Please present this Petition along with the others to th City for its consideration. If we can be of further help, off' there are questions, please do not hesitat o contact e. t dry trul, urs, t . v rreil Cr hairman Historic Woodburn Neighborhoods Association 503- 981 -0011 riter wbcable, net cc; Frank Lonergan City Councilman, ward S Woodburn City Hall 41 Petition in Support of Extending the Boundaries of the Woodburn Neighborhood Conservation Overlay District To: Mayor Kathy Ficgley Councilman Chick Pugh, Warm I Councilman Mel Schmidt, Ward 2 Councilman Pete McCallum, Ward 3 Councilman Jim Cox, Ward 4 Councilman Frank Lonergan, Ward S Councilman Eric Morris, bard 7 o sore b the Historic 1 qod rn lye' h rhao s ciati Background (Preamble): The Woodburn Neighborhood Conservation overlay District was established with the adoption of the amended Woodburn Comprehensive Plan in October 2005. The stated goal of the district is to conserve the visual character and heritage of Woodburn's oldest and most central neighborhood and the city has applied certain standards and additional regulations (architectural guidelines) to these properties. The Historic Woodburn Neighborhoods Association was formed in April 2008. The Association's goals are to preserve and protect the integrity and livability of Woodburn"s historic neighborhoods, including preservation of architectural integrity of historical Douses, preservation, of trees and other natural features, and protecting against increasing noise pollution and nonresidential traffic. The Settlemier House and other historic hones on Settlemier Avenue were not included in the Woodburn Neighborhood Conservation Overlay District. Settlemier }douse played a central role in the provenance of much of Woodburn "s Victorian era homebuilding, is the most easily identifiable historic building in Woodburn and should be included in the district. Many other homes along Settlemier Avenue were built in the Victorian era and provide a focus for study and enjoyment of the history of Woodburn, These homes should be included in the Conservation Overlay District. Many residents are concerned about the preservation of the character of the historic neighborhood, the historic homes and other structures located in Woodburn along Settlemier Avenue. 42 Petition The Historic Woodburn Neighborhoods Association proposes that properties fronting on Settlemier Avenue from Garfield Street to Parr Road be included in the Woodburn Neighborhood Conservation Overlay District by an expansion of its current boundaries. The homeowners signed below agree that expansion of the Woodburn Neighborhood Conservation Overlay District to include all properties fronting on Settlemier Avenue from Garfield Street to parr Road would be beneficial to both the city of Woodburn and the residents of Woodburn. we ask the Woodburn City council to take such action as is necessary to expand the overlay district, accordingly. Each homeowner acknowledges that he or she received a copy of Woodburn city ordinances 2.112, 3.107.04, 5.101, 5.102.02, and 5.103.02 (See attached Ex. A). As homeowners, we also understand that inclusion in this conservation overlay district will impose certain additional regulations (architectural guidelines) that may require any future additions, remodels or new construction to conform to the original architecture of the property or the neighborhood in order to protect the architectural integrity of the historical neighborhood as a whole. Thank you for your time and especially for your attention to safeguarding Woodburn's historic resources. owner Name and Address: Signature: Date: Nancy L. Bowman Trust 111 N. Settlemier Ave. Woo dburn, OR 97071 C/o Nancy L. Bowman, Trustee 26898 SW McLeod St. Wilsonville, OR 97070 Adolfo Garci Ortega & Hortencia Cornejo- G arcia 397 S. Settlemier Ave, Woodburn, OR 97071 Matthew & Kathleen Raines 415 S, Settlemier Ave. Woodburn, OR 97071 AFFIDAVIT State of Oregon } } ss. County of Marion r Subscribed to and sworn before me, on this day of 1 2 0 10 b y r personally known to me or proved to me based on satisfactory evidence to be the person who appeared before me: , a resident of the Marion County, State of Oregon, hereby do certify, swear and affirm that I collected the f r oing petition signatures at the addresses set forth herein on this date. The foregoing signatures are true to the bet f my knowledge. ' }�vl day of 1� �It� , _ ' _ X010. DATED this Signature of Affiant SWORN to and subscribed to before on this, the day of 1 2010. 5Z nzc. ZILMUO 11"L F „ y i Public for Oregon Y � commission Expires: 43 owner Name and Address: Signature: pate: Brent & 3ennifer Goodrick 503 S. Settlemier Ave. Woodburn, OR 97071 Aaron D. Cranford 572 S. Settlemier Ave. Woodburn, OR 97071 S & Sheree Doman 598 S. Settlemier Ave. Woodburn, OR 97071 C/o 5684 Schneider Road Woodburn, OR 97071 Nickolay & Lyudmila Glavnik 620 S. Settlemier Ave. Woodburn, OR 97071 c/o 656 Ironwood Terrace Woodburn, OR 97071 Pablo Bautista 640 S. Settlernier Ave. Woodburn, OR 97071 Thomas & Katherine Wadsworth 668 S. Settlemier Ave. Woodburn, OR 9707 Thomas & Katherine Wadsworth 682 S. Settlemier Ave. Woodburn, OR 97071 111 •1 LIZ AFFIDAVIT State of Oregon � ss. County of Marion r sworn before me on this 2 `lt " "'da of / ss� c`' , 2010, by Subscribed to and y Personally known to me or proved to me b ased on satisfactory evidence to be the person who appeared before me: r .r t a resident of the Marion County, State of Oregon, hereby do certify, swear and affirm that I collected the fore j ng petition signatures at the addresses set forth herein on this date. The foregoing signatures are true to the best of my knowledge. DATED tl`) 2 "1 fl day of M c12' — " -7 1 2010, SWORN to and subscribed to before on this, the V !- Signature of Affiant 2010. �r l ' I ZZ ry Public f r Oregon a Commission Expires: r%� owner Name and Address: Signature: Date: Dolli Brown 683 S. 5ettlernier Ave. Woodburn, OR 97071 ' & Linda Ke 702 S. Settlernier Ave. Woodburn, OR 97071 Sil'vero & Claudia Valle 790 S. Settlemier Ave, Woodburn, OR 97071 Sergio Figueroa 79 1 S. Settlernier A ve. Woodb OR 97071 Nasaria Grijalva f fi 820 S. Settlemier Ave. Woodburn OR 9707...' Woodburn, OR 97071 Woodburn, OR 97071 AFFIDAVIT State of Oregon } 55. County of Marion Subscribed to and sworn before me, on this � 'A �' tday of .jr -kzj 2010, by personally known to me or proved to me based on satisfactory evidence to be the person who appeared before roe: I';�: ~.� a resident of the Marion County, State of Oregon, hereby do certify, swear and affirm that I collected the foregoiQ petition signatures at the addresses set forth herein on this date. The foregoing signatures are true to the best of my knowledge. i DATED this � r . �, day of vIV � 2010. Rk . SWORN to and subscribed to before on this, the L�7 Signature of Afflant I"" day of _ ! t Vc:.�'�� , 2010. 4 x�r Public for Oregon commission Expires: 45 SO _ p� /. ['DRAFT -w-'r 13LIC HEARINGS No'rICE OF P U - I �61 1 0 A. 0 0 i-tacto con la D19,1013. �� 0 la, p " n en coi r Pm --a recibir Informact'n ell spano hictor� colnulaiquese con la esha un. tra( 0 Planffieackn al 5"03,-982-A00246- Si nce I 1D 4 F, I ' " 0 as antes de la aud*enciae i ision de Plan"ficaci ji por 10 ulen0s a (11 URN PROPOSES T s I-S TO F NOTIY yo U I 111 111AT rHE CITY0 4 PLANS AND LAND USE REGULATIONS TUAT MAY AFFECT 1.11E PERMISSIBLE USE OF YOUR PROPERTY AND OTHER PROPERTIES� ANGE T14E VALUE OF YOUR PROPERTY. AND MAY C11 �cj in a On , ) ,, SSj()j will hold s1,1��lblic l-1ear11�s; fl ic Woodb h_5 Oil I ( NCOD). _v I la District Nc g hborhood C011SQ1 at oil ONTI, proposcd ex of tho at ji le Mloodbn 1 City Collne will hold la public hearin re C', P"Oposed 01). lay D `trict (NCOD). c\ of the Noi ('01lSffvr1ti011 Ovel 's 11)1(11 �Iff the document or- Ine adoption ofths 01 e ct t1le [T a q L10te .0m f I , II �i o fWoodbtii-jill'is(letei-iii -dthat,: Box Tools IIC the summovY of an interesting point. You c ar, position the text box @11y wliere in the dOCUrnent. Use the Text lab jo L i - formatting of the pL111 q uote t ext box•] y our pro val ti of -ties ill tile " I)IC jjsc ,�, of c rtv,. and other propol ''cg eted zoj je� ind may chan the 1,SS1 � jjj I -o chambcj-S a t City Hc,111, 27() j00jjtjj()ljjC St i-ect, NAloodburn, OrC9011. Thu hearings Avill be held ' I n flic cou nel 1 1si I dcr public WSM11011)? 01) Le ttive Amwidmont number Thc plirpose of thesc will be to co cogs _ - - ndments t o the Woodbiu-n Z onin g . Map jj ,�� o f 1 )roposed ame atcd at 1'270 1011 the Woodburn, cit)'jj�jjj loc, IS a-valikible for ijjSj) 1,C CCt g I s iliti-vc AmendillcIlt iiumbei is 111c fimal local decision- 0able f co st of cop "nic c t o i�l Cmic' ,��, 011tgoljjej - y Strect, and is (,Ival ()r purchase at the W 'Chensivo Plan. thc Ily set f 'Or this U11SC criye g ellera t ile Woodbiun C01111)1 1ker. Alic pp..ablo rev M cl' tC1_i,'1 i' ide plailimi Goals, cind thc 03-09oj) R evised StaftltCS. Woodkini DeveloPillelit Ordinallm, t1le Ore StateAvi proposal nicav do so ill PUS011 01'I)Yac it elthor or both of e ' t .jjci- for or a this pro Any pel'S01) NVIS11111ty, to sl)calc the public 11U11-1119s, be -filed Nvith the 1) of j -, ocol , C)I I11c and Developolelit wriwritten comi-11011ts e l t iler for or a this propos may t , me of. of. eith er or boib of the 1 ) ubi 1 c lie (Iri 1) 9S SCn to tbc • public 11C4110119 01' S'libmittod jilto ihe record at the t of a tiln rc Ploase Contact the Economic 311d T )CN}Cj() P jjlC,11t DA access be a ccom-m.odated, tipoll "eccipt A 1 -1 qg 110 pj to the 1 • c levaiit public 11c, 1-i'19. Services Del),artment 1, least .��. __. �Tw�� y oll ma call the Woodburn lon concernin 1 ,e g yislative Ai-nendment millibW For,additio"[11 Informal' E-,,conomlc ,md Deve,101)"Ie"t Services Dcl) ,,irtment at ( 513) 982-5246. i - 111) 9 8 � b re 11111S 110tICC, IS J)I'OVided to coll1 with Ballot Measure 56, o 'got , voters n Novernbei Me] Proposed NCOD Expansion Petitioners within the Proposed Expansion Area Petitioner Pro-pe O il At ly Cil); Hall | Proposed Expanslo ofNCOD Park Ci of Woodburn LeLend Railroad 450 Fmt Public Work5 Department 49 Attachment D 3.107.04 Design Guidelines and Standards for Single Farnil)7 and Duplex Dwellins in the Neighborhood Conservation overlay (NCOD) A. Applicability. 1. New Dwellings. For any new single family and duplex dwelling within the Neighborhood Conservation Overlay (NCOD), that the portion of the exterior surface facing a public street shall be subject to architectural review. a. At the time of application, the applicant shall choose whether the review shall be conducted as a Type I review following the procedures of Section 5.101.111 or as a Type II or III review following the procedures of Section 5.102.02 or 5.103.02, depending on floor area. b. For a Type I review, the criteria of Section 3.107.04.E shall be read as "shall'' and shall be applied as standards. C. For a Type 11 or III review, the criteria Section 3.107.04.B shall be read as "shouldd" and shall be applied as guidelines. ?. Exterior Remodel of an Existing Single Family or Duplex Dwelling. T he exterior remodel of the facade or roof of an existing single family or duplex that faces a street within the NCOD shall be subject to a Type ll architectural review following the procedures of Section 5.102.02. The criteria of Section 3.107.04.B shall be read as ``should' and shall be applied as guidelines. B. Design Guidelines and Standards. 1. The proposed construction shouldlshall provide architectural details, such as dormers, bays, bracketing, cornices and trim, to add aesthetic visual interest and detail. 2. The design shouldlshall minimize the negative visual impact of on -site automobile parking within the district by orienting garage openings so that they do not front directly onto a public street. An attached garage opening should either be located a minimum of ten (10) feet back of the building facade or the garage should be detached. 3. New structures and additions to existing ones should/shall be no higher than 35 feet. Note: Read as "should ", the criteria reflect "guidelines" applicable to an application submitted for review by a Type ll or III procedure. Read as "shall ", the criteria reflect "standards" applicable to an application submitted for review by a Type I procedure. ATTACHMENT E 50 4. Long, flat facades on buildings shouldlshall be avoided. Buildings should/shall not be more than 50 feet wide. 5. The character of single family and duplex roofs shall be maintained. The roof pitch sh ould/sh all range between 6112 and 12112. 6. The main entrance of a dwelling shouldlshall face the street and be covered with a roof. 7. Windows in the building should/shall be wood sash with trim that is at least 5 -112 inches wide. No pane of glass should/shall be any larger than 30 inches wide by 84 inches high. Glass should/shall be clear or stained. 8. Horizontal wood siding, brick or stucco shouldlshall be used for exterior finishes. For building additions the exterior finish should/shall be of the same style and character as the existing building. 9. Buffer Wall. A solid brick or architectural wall with anti - graffiti surface, no less than 6 feet or greater than 7 feet in height, should/shall be constructed on the perimeter property line of the development where the abutting use is commercial or industrial and no comparable buffer exists. N ote: Read as "should ", the criteria reflect "guidelines" applicable to an application submitted for review by a Type II or III procedure. Read as "shall ", the criteria reflect "standards" applicable to an application submitted for review by a Type I procedure. 51 WOODBURN PLANNING- COMMISSION MEETING MINUTES July 22, 2010 CONVENED: The Planning Commission met in a regular session, followed by a workshop, at 7:00 p.m. in the City Hall Council Chambers with Chairperson Bandelow presiding. ROLL CALL: Chairperson WMIR Prese n t Commissioner ` or Present Commissioner b.. - Present Arrived 7.10 �m P es p V is n e Clair ers0 F �T � `nip Present Commissioner Comma s s `I e a: r Present mmj i n C ommissioner o ss o Presen Staff Present Jim Hendryx, Director of Economic and Development Services Don Dolenc, Associate Planner Jon Stewart, Assistant City Attorney Minutes A. Woodburn Planning Commission Meeting Minutes of June 24, 2010 Commissioner Jennings moved to accept the minutes as written, and Commissioner Kenagy seconded the motion, the motion carried unanimously. Business From The Audience There was none. Communication There was none. Public Hearing A. Zone Change ZC 2010 -01, expanding the Neighborhood Conservation overlay District (NCOD). Chairperson Bandelow outlined the hearing procedure for consideration of a Type IV Legislative Amendment. Associate Planner Don Dolenc provided a staff report outlining the request to expand the Neighborhood Conservation District west and south of the current boundary. Commissioners asked clarifying questions on the underlying intent of the NCOD, the housing age within the expansion area, and the design standards for the NCOD. There was general discussion among the Commission about the NCOD and its goals. Planning Commission Alfeeting --,-- July 22, 2010 52 Page 1 of 3 ATTACHMENT F Chairperson Bandelow asked for public comments. Durrell Crays, 167 N Settlernier, Woodburn, Oregon, who represents the Historic Woodburn Neighborhoods Association, presented testimony in support of the proposed expansion to the NCOD, describing the Association's efforts to gather petitions from all property owners impacted by the proposal. Crays answered the Commissioners' questions about the age of homes within the expansion area and also explained the benefits of protecting the architectural integrity of the neighborhood and expansion area. Mary Berlin, 167 N Settlemier, Woodburn, Oregon, a member of the Historic Woodburn Neighborhoods Association, spoke to the Commission about the effort that went into gathering petitions of support for the expansion of the NCOD. Berlin answered the Commissioners' questions abut specific properties and whether the petitioners understood the requirements of the NCOD. Berlin assured the Commission that petitioners were provided with the opportunity to review NCOD standards. Chairperson Bandelow closed the public hearing. Commissioners discussed the merits of the request to expand the NCOD. They also talked about including newer homes (constructed in the 60's & 70's) within the district. Commissioner Jennings moved to recommend that the City Council approve ZC 201 0-01, and Commissioner Kenagy seconded the motion. The motion passed 5 to 1 with Commissioner Hutchison voting in opposition to the motion. ore on De artment of Transportation — "Transportation Enhancement Grant. Economic and Development Services Director Jim Hendryx provided information about an Oregon Department of Transportation grant application the City is making for an esplanade between Cleveland and Lincoln streets, on the east side of the rail road tracks. Hendryx asked for Planning Commission support of the grant application.. The Commissioners discussed the merits of the application and asked to have the fencing /wall design return for their input. Commissioners Piper and Jennings moved to support the ODOT grant application, and the motion passed with Commissioner Kenagy voting in opposition. The Chair was authorized to sign a letter in support of the grant application. Chairperson 'Bandelow announced that the Commission would go into a workshop to discuss the proposed sign standard revisions and invited people in the audience to stay through the workshop. Planning Commission .meeting -- July 22, 2010 Page 2 of 3 53 Hendryx presented a brief overview of the sign review process leading up to the Commission's present workshop, outlining all the changes recommended by the Commission. rI "here was considerable discussion about freeway - oriented signs, as well as signage for the Woodburn Company Stores. The Commission recommended that the proposed standards be amended to allow sites with street frontages in excess of 1200 feet to have pole signs up to 850 square feet in size. The Commission also asked staff to evaluate temporary signage requirements, recognizing that commercial real estate signs typically exceed the size and time limits proposed in the draft text. Staff will return with revised text. Commissioner Jennings stated that the Commission should proceed to public hearings on the proposed amendments, and that the written sign text represents their recommendations throughout the workshop meetings held to date. There was consensus to proceed to public hearings. A.dj ouriu Chairperson Bandelow asked for a motion to adjourn the meeting. Commissioner Jennings moved to adjourn and Kenagy seconded the motion, and the meeting was adjourne pn......, J r APPROVE M. ... Ellen Bandelow , CHA.IRPERSON Dat t ATTEST Y ames N.P. Hendryx Date Economic & Development Services Director City of Woodburn, Oregon Planning Commission Meeting - July 22, 2010 Page 3 of 3 54 F+, W RR ��N i it L L f p o r it F e d 1 8 8 7 September 13, 2010 To: The Honorable Mayor and Members of the Woodburn City Council From: Scott Derickson, City Administrator Subject: Consideration of the Woodburn Chamber of Commerce's Three Year Proposal to Assume Primary Sponsorship of the Fiesta Mexicana RECOMMENDATION 1. Approve the proposed three year agreement (See attached EXHIBIT A) with the Woodburn Area Chamber of Commerce authorizing the Chamber to assume the role of Fiesta Mexicana Lead Sponsor. 2. Other action as deemed appropriate by the City Council. BACKGROUND Some will recall that the Woodburn Chamber of Commerce, in cooperation with community members, originated the Fiesta Mexicana in 1964 as a means of expressing gratitude to migrant farm workers. As the City worked to organize and sponsor the 2010 Fiesta Mexicana event, the Chamber's Board of Directors began discussing the possibility of the Chamber again assuming the role as "lead sponsor" for the event. On September 8, 2010 the Chamber's Board voted to submit a proposal and agreement to the City Council transferring the City's primary sponsorship of the Fiesta Mexicana to the Chamber of Commerce. Over the past two years, the Chamber has been working on a strategic plan intended to diversify its operations, enhance accountability, improve overall economic sustainability, and increase community programming. As part of this effort (which coincides with the City /Chamber economic development partnership), the Chamber and the City have been grappling with the idea of undertaking a unique community - building event comparable to Mt. Angel's Oktoberfest. The Fiesta Mexicana's transition is viewed as an opportunity to fulfill that coal. For these reasons, the Chamber's Board of Directors believes that the timing to act as the Fiesta Mexicana 's primary sponsor is excellent. Agenda Item Review: City Administrator x City Attorney x Finance x Honorable Mayor and City Council September 13, 2010 Page 2 After discussing the Chamber's proposal at length with Chamber leadership, City staff finds that transferring the primary sponsorship of the Fiesta Mexicana would be consistent with both the Chamber's vision of the future, their mission as a community /economic development /tourism organization and the City's goal of partnering for better economic development opportunities. I also believe this opportunity will strengthen the partnership between our two organizations. In preparation, and to better understand the feasibility of the Chamber's taking on the role of fiesta sponsorship, Kristin Graybeal, Chamber Tourism Coordinator, worked closely with Jim Row putting in more than 200 hours of planning, coordination and operational assistance alone. Chamber board members booked over 150 hours of volunteer time during the 2010 event as well. The Chamber was a critically important partner in ensuring that the Fiesta tradition continued in 2010. Because of the Board of Director's volunteerism and use of paid Chamber staff, the City was better able to control costs and keep staff commitment contained. The Chamber's Fiesta experience is reflected in their proposal. As provided to the City Council, staff worked with the Chamber of Commerce in developing their proposal. It was our goal to ensure that any Chamber proposal contain community accountability, maintain a high level of community and stakeholder participation and maintain a support role for the City and limit the City's operational liability. Councilors should also note that, at the time of this Agenda Report, no other existing or proposed community group (it is difficult to imagine that an individual could establish a corporate structure and still organize the event within one year) has expressed an interest in operating or acting as the primary Fiesta Mexicana sponsor. DISCUSSION-- Because the City is a public organization (local government), staff is acutely aware of the limitations the City has, versus a private organization, in controlling music content, graphic images, merchandise, controlling weapons and restricting admission. A private organization is in a much stronger position to control these issues than the City of Woodburn is. Although the event went very well, we believe a privately sponsored Fiesta Mexicana will help ensure this event stays on the right track in future years. Honorable Mayor and City Council September 13, 2010 Page 3 Subject to the conditions of the proposed agreement, the City agrees to provide $5,000 to the Chamber as 2010/11 Fiesta Mexicana Program start -up capital, which is $1,500 more than the approximately $3,500 grossed by this year's event. The additional $1,500 will be charged to the Leisure Services' Events Budget. In addition, the agreement contains the following highlights: • As a community partner, the City agrees to waive the Special Event Park Use permit fee. Although the fee is waived, the Chamber must still abide by Woodburn's Park Regulations Ordinance and Special Event Policies. • As part of the permitting process, the Chamber agrees that the City will determine the Fiesta Mexicana event opening and closing times and the time period when music is allowed. • The City agrees to provide logistical support during the Fiesta Mexicana's planning phase, event set -up, event operations and site clean -up. • In terms of public safety, the City agrees to provide a base level of police support through the duration of the Fiesta Mexicana event as deemed appropriate by the Woodburn Police Chief. The base level of police support will be provided at the expense of the City. However, if the City Administrator, or the Chief of Police, determines that the Fiesta Mexicana's potential need for police services exceeds available City resources, then the City shall provide a notice to the Chamber. Should the City provide this notice, the Chamber agrees to reimburse City for actual police costs as outlined in the notice. • The Chamber agrees to develop an annual Direct Costs Line Item Budget and a Fiesta Mexicana Work Plan (see proposed agreement). • Requires the Chamber to submit the Annual Chamber Fiesta Mexicana Program to the City Administrator and the Community Services Director within 120 days of the Fiesta Mexicana event. The Chamber also agrees to provide a written re -cap of the event within 60 days following the Fiesta Mexicana. Once the written re -cap is received by the City, the City Administrator will contact the Chamber Executive Director to schedule a City Council presentation of the re -cap. • Chamber agrees that all Fiesta Mexicana Program Revenues received from the City and the Fiesta Mexicana event, pursuant to this Agreement, Honorable Mayor and City Council September 13, 2010 Page 4 be held in a separate bank account and not commingled with any other Chamber funds. • Chamber agrees to adequately document all expenses and activities billed to the Chamber Fiesta Mexicana Fund. • Chamber agrees that no less than 400 of all Fiesta Mexicana net proceeds be reserved and dedicated to sustaining future Fiesta Mexicana events. No less than 200 of net proceeds will be distributed by the Chamber in support of community oriented programs, causes, organizations, etc. Scholarships dedicated to Fiesta Court participants are considered to be a direct Fiesta Mexicana Program expense and are not subject to the conditions of this section. It is agreed that all remaining net proceeds may be used in support of Chamber operations. • Chamber agrees that the City shall have full access and the right to examine and copy all of the records of the Chamber with respect to matters covered in the Agreement. • From a community involvement standpoint, it is important to note that the Chamber agrees to develop a Fiesta Mexicana Planning Committee with a membership selection process that does not require Chamber Membership. The role of the Fiesta Mexicana Planning Committee is to allow community members to participate in the annual development of the Fiesta Program. Woodburn's City Administrator (or the City Administrator's designee), and the City's Community Services Director will be members of the Fiesta Mexicana Planning Committee. • The Chamber agrees to develop a Public Safety Plan that utilizes private security. The Public Safety Plan will be coordinated with the Woodburn Police Department and be submitted to the Chief of Police and the Community Services Director for review. Under the agreement, the Public Safety Plan will be approved by the Chief of Police prior to the start of the Fiesta Mexicana event. • Chamber agrees to implement all public safety recommendations provided by the Woodburn Police Department prior to, or during, the Fiesta Mexicana. Honorable Mayor and City Council September 13, 2010 Page 5 FINANCIAL IMPACT: Under the proposed agreement, the City is waiving any park use fee requirements while maintaining a base level of City involvement, including the presence of law enforcement, as conditioned in the proposed agreement. The City will not be required to allocate Fiesta Mexicana resources as a direct budgetary expense. Rather, and consistent with the City's involvement in other community activities, staff time and other "base levels" of Fiesta support will be treated as indirect costs associated with the services provided for the benefit of the community. President Ken Hector Silverton Hospital Network Past President Rick Hensel Gervais School District President Elect. Ferren Taylor West Coast Bank Vice - President of Tourism Darcy Ruef Al's Garden Center Treasurer Mike Wilson Woodburn Armory Secretary Jason Horton Woodburn Independent Directors Scott Derickson City of Woodburn John Hoffmann Gervais Telephone /DataVision Richard Jennings Woodburn Community Access Television Cindy Ledesma MRS Credit Union Greg Lundeen Wolfer's Heating and Air Conditioning Jenipher Miller OSU Federal Credit Union Javier Navarro El Gallo Magazine Bob Rhoades Legacy Financial Management Angelo Seminary DePaul Staffing Mike Sumner Case Automotive Teri Sunderland Woodburn Company Stores Ruby Wolfer West Coast Bank Executive Director Don Judson don @wood burnchamber. org Executive Assistant Rhonda Judson welcome @woodburncha mber. org Tourism Coordinator Kristin Graybeal tourism @woodburncham ber. org Leadership Woodburn Program Coordinator Rosemarie Tevlen leadershipwoodburn @wo odburnchamber.org EXHIBIT A Page 1 of 7 AREA CHAMBER OF (DJAM ER[ E A.LWAIS DISCOVERIES Proposed Agreement for Services between City of Woodburn and Woodburn Area Chamber of Commerce This Agreement is made and entered into by and between the City of Woodburn, an Oregon municipal corporation (hereinafter the "City "), and the Woodburn Area Chamber of Commerce, an Oregon non - profit corporation, 124 West Lincoln Street, Woodburn, Oregon, (hereinafter the "Chamber "). WITNESSETH: WHEREAS, the City acknowledges and supports the historical contributions that the Mexican immigrants have made to the Woodburn community and wishes to honor and preserve the Fiesta Mexicana tradition; and WHEREAS, the City and the Chamber recognize the Fiesta Mexicana's contribution to the Woodburn community and the region; and WHEREAS, the Chamber originated the Fiesta Mexicana in 1964 as a means of expressing gratitude to migrant farm workers; and WHEREAS, the Chamber has decided to again assume the role of lead organizer for the Fiesta Mexicana for the benefit of the Woodburn community; and WHEREAS, the City recognizes the importance of the Chamber continuing the Fiesta Mexicana and desires to provide its support through the terms and conditions of this agreement; and WHEREAS, private /public cooperation between the City and the Chamber is necessary to sustain the Fiesta Mexicana; NOW, THEREFORE, in consideration of the terms, conditions, compensation and performances contained herein, the parties hereto do mutually agree as follows: Section 1. T_. This Agreement shall commence upon execution by the parties and shall terminate on August 31, 2013. Section 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 180 calendar days PO Box 194 - 124 Lincoln St - Woodburn, OR 97071 - 503- 982 -8221 www.woodburnchamber.or - welcome (a woodburnchamber.org EXHIBIT A Page 2 of 7 Section 3. Effect of Termination If termination of this Agreement occurs for any reason, including expiration of the Agreement, the Chamber shall return to the City the unspent balance remaining of the Chamber Fiesta Mexicana Fund within 5 days of termination. This section shall survive termination of this Agreement. Section 4. City Responsibility The City agrees to the following: A. To provide $5,000 to the Chamber as 2010/11 Fiesta Mexicana Program start -up capital. B. To provide the Chamber with any Fiesta Mexicana banners, signs, decorative material and /or supplies that remain from the 2010 Fiesta Mexicana event. C. To provide a suitable park location for the annual Fiesta Mexicana. D. To waive any Special Event Park Use permit fees. E. To determine Fiesta Mexicana event opening and closing times and the time period when music is allowed. F. To provide logistical support during the Fiesta Mexicana's planning phase, event set -up, event operations and site clean -up. This service will be provided at City's expense. G. To provide picnic tables, staging, canopies and tents, trash cans, electrical, water, sewer and natural gas services, based on availability H. To provide on -call maintenance support for City owned property and equipment for the duration of the Mexican Fiesta event. Refuse collection services shall be at the expense of the Chamber. I. To assist in the promotion the Fiesta Mexicana, depending on the availability of resources, J. To provide a base level of police support through the duration of the Fiesta Mexicana event as deemed appropriate by the Woodburn Police Chief. The base level of police support will be provided at the expense of the City. If the City Administrator, or the Chief of Police, determines that the Fiesta Mexicana's potential need for police services exceeds available City resources, then the City shall provide a notice to the Chamber not less than 60 days prior to the event containing a cost estimate for additional police services. Should the 2 - Proposed Agreement for Services EXHIBIT A Page 3 of 7 City provide this notice, the Chamber agrees to reimburse City for actual police costs as outlined in the notice. Section 5. Responsibilities of Chamber The Chamber agrees to the following: A. To sponsor and conduct a low cost family- oriented Fiesta Mexicana event consistent with the values and expectations of the community. B. To abide by Woodburn' s Park Regulations Ordinance and Special Event Policies unless waived by the City. C. To develop an annual Direct Costs Line Item Budget and a Fiesta Mexicana Work Plan specifically identifying, but not limited to, activities needed to plan for and execute the Fiesta Mexicana. The Direct Costs Line Item Fiesta Mexicana Budget and Fiesta Mexicana Work Plan shall be referred to as the Chamber's "Fiesta Mexicana Program." D. To submit the Annual Chamber Fiesta Mexicana Program to the City Administrator and the Community Services Director within 120 days of the Fiesta Mexicana event. E. To provide a written re -cap of the event within 60 days following the Fiesta Mexicana. Once the written re -cap is received by the City, the City Administrator will contact the Chamber Executive Director to schedule a City Council presentation of the re -cap. F. To develop a Fiesta Mexicana Planning Committee with a membership selection process that does not require Chamber Membership. The role of the Fiesta Mexicana Planning Committee is to allow community members to participate in the annual development of the Fiesta Program. Woodburn's City Administrator (or the City Administrator's designee), and the City's Community Services Director shall be members of the Fiesta Mexicana Planning Committee. G. To select vendors for the Fiesta Mexicana. Vendor participation in the Fiesta Mexicana shall not require a Chamber membership. H. To identify and track Fiesta Mexicana related data as a means of measuring the success of the Fiesta Mexicana. This data will be included in the Chamber's annual written re -cap and City Council presentation. 3 - Proposed Agreement for Services EXHIBIT A Page 4 of 7 I. To develop and provide a Public Safety Plan that utilizes private security. The Public Safety Plan will be coordinated with the Woodburn Police Department and be submitted to the Chief of Police and the Community Services Director not less than 90 days before the Fiesta Mexicana event. The Public Safety Plan will be approved by the Chief of Police prior to the start of the Fiesta Mexicana event. J. To implement all public safety recommendations provided by the Woodburn Police Department prior to, or during, the Fiesta Mexicana. Section 6. Documents and Reports. The Chamber shall maintain books, records, documents and other materials that sufficiently and properly reflect all expenditures made pursuant to this Agreement. Specifically, the Chamber: A. Agrees that all Fiesta Mexicana Program Revenues received from the City and the Fiesta Mexicana event, pursuant to this Agreement, be held in a separate bank account and not commingled with any other Chamber funds. This account shall be under the Chamber tax identification number DBA Chamber Fiesta Mexicana Fund. B. Agrees to adequately document all expenses and activities billed to the Chamber Fiesta Mexicana Fund. C. Agrees that no less than 40% of all Fiestas Mexicana net proceeds be reserved and dedicated to sustaining future Fiestas Mexicana events. No less than 20% of net proceeds will be distributed by the Chamber in support of community oriented program, causes, organizations, etc. Scholarships dedicated to Fiesta Court participants are considered to be a direct Fiesta Mexicana Program expense and are not subject to the conditions of this section. It is agreed that all remaining net proceeds may be used in support of Chamber operations. D. Agrees that the City shall have full access and the right to examine and copy, during normal Chamber business hours, all of the records of the Chamber with respect to matters covered in this Agreement. Such rights shall last for ten (10) years from the date a disbursement is made hereunder. Section 7. Auditinji of Records. Upon thirty (30) days prior written notice, the City or its agent shall have the right to conduct an audit or review of the Chamber's records reasonably related to this Agreement. If an audit or review of the records determines that funds in the Chamber's Fiesta Mexicana Fund have been inappropriately 4 - Proposed Agreement for Services EXHIBIT A Page 5 of 7 expended under this Agreement, or state law, the Chamber shall reimburse the Chamber Fiesta Mexicana Fund for the full amount identified in the audit as inappropriate. If the inappropriately expended funds exceed $500, then Chamber will pay the City for the cost of the audit or review. Section 8. Compliance with Federal, State and Local Laws. The Chamber agrees to abide by all applicable federal and state statutes and regulations prohibiting employment discrimination, and any other statutes and regulations pertaining to the subject matter of this Agreement. Section 9. Authority to Execute Agreement. The Chamber represents to the City that this Agreement has been duly authorized by all necessary action on the part of the Chamber and no other corporate or other action on the part of the Chamber is necessary to authorize the execution and delivery of this Agreement. That this Agreement has been duly authorized by the Woodburn City Council and the City represents to the Chamber that the City Administrator has the power and authority to bind the City to this Agreement. Section 10. Legal Relations. Neither the Chamber, nor any employee, officer, official or volunteer of the Chamber shall be deemed to be an independent contractor, employee or volunteer of the City. No liability shall attach to the Chamber or the City by reason of entering into this Agreement except as expressly provided herein. Section I L Indemnification. The Chamber agrees to be responsible for and assumes liability for its own negligent acts or omissions, and those of its officers, agents, officials, employees or volunteers while performing work or expending funds pursuant to this Agreement to the fullest extent provided by law, and agrees to save, indemnify, defend and hold the City harmless from any such liability. This indemnification clause shall apply to any and all causes of action arising out of performance of work or expenditures of funds under this Agreement. The provisions of this section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to expiration or termination Section 12. Nondiscrimination The Chamber 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. Section 13. Governing Law This Agreement shall be governed by and construed in accordance with the law of the State of Oregon. Section 14. 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. 5 - Proposed Agreement for Services EXHIBIT A Page 6 of 7 Section 15. Assitnment Neither party shall assign the Agreement without written consent of the other. Section 16. Attorney Fees. In any action brought by either party under this Agreement, the losing party shall pay to the prevailing party a reasonable sum for attorney fees in such action, or arbitration or appeal Section 17. 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. Section 18. Notification All correspondence and notices related to this Agreement shall be directed as follows: If directed to the City: City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 Attn: Scott Derickson, City Administrator If directed to the Chamber: Woodburn Area Chamber of Commerce 124 East Lincoln Street Woodburn, Oregon 97071 Attn: Don Judson, Executive Director 6 - Proposed Agreement for Services EXHIBIT A Page 7 of 7 IN WITNESS WHEREOF, the Chamber and City have, by approval of their respective governing bodies, caused this Agreement to be executed. WOODBURN AREA CHAMBER OF COMMERCE Don Judson, Executive Director Date CITY OF WOODBURN Scott C. Derickson, City Administrator Date 7 - Proposed Agreement for Services F+, W RR ��N i it L L f p o r it F e d 1 8 8 7 September 13, 2010 TO: Honorable Mayor and City Council, acting as the Local Contract Review Board, through City Administrator FROM: Dan Brown, Public Works Director SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR ALEXANDRA AVENUE STREET IMPROVEMENTS RECOMMENDATION That the City Council award a construction contract for the Alexandra Avenue Street Improvements to Gelco Construction Co. in the amount of $125,376.20. BACKGROUND The contract is in conjunction with File #2010- 017 -38, Bid No. 2011 -01 for the construction of approximately 420 feet of new roadway between Tierra Lynn Drive and Park Avenue. This street will be constructed in accordance with the Woodburn Transportation System Plan, with driveways, sidewalks, curb & gutter, storm sewer improvements, fire hydrant installations, and landscaping features. The existing road is currently gravel and is located in the middle of a residential area. Bids for the improvement were opened on August 26th, 2010. Ten (10) legal bids were received from responsible pre - qualified Bidders, three of which were non - responsive bidders. Offers received are as follows: No: Name Amount 1 Gelco Construction CO $125 2 Parker Northwest Paving Co. $135,540.50 3 Canby Excavating $139,056.85 4 Harry Stanley Construction $150,233.37 5 GVS Contracting Inc. $162,200.00 6 Portland Excavating Inc.* $162,300.50 7 Eagle-Elsner Inc. $164,461.25 8 Kerr Contractors Inc. $169,276.00 9 Elting Northwest Inc. ** $175,721.00 10 GT Excavating LLC * ** $185,481.18 Agenda Item Review: City Administrator x City Attorney x Finance x 55 Honorable Mayor and City Council September 13, 2010 Engineer's Estimate Page 2 $198,423.00 Declared Non - Responsive for not providing a signed acknowledgement of ORS 279C.840 and Addendum #1. ** Declared Non - Responsive for not providing a signed First -Tier Subcontractor Disclosure Form. * ** Declared Non - Responsive for not providing a signed acknowledgement of Addendum #1. The recommended award is 36.8% under the Engineer's estimate. DISCUSSION-- The project was approved in the 2010-11 Capital Improvement Project budget. The contract award is in conformance with public contracting laws of the State of Oregon as outlined in ORS Chapter 279C and the laws and regulations of the City of Woodburn, therefore, staff is recommending the contract be awarded. FINANCIAL IMPACT The project will be funded from Fund 376, TIF /Property Owner Funds. FYI 0 -1 1 Budgeted CIP $200,000 56 F+, WaODD i it L L f p o r it F e t September 13, 2010 TO: Honorable Mayor and City Council, acting as the Local Contract Review Board, through City Administrator FROM: Dan Brown, Public Works Director SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR WATER MAIN EXTENSION FROM EVERGREEN ROAD TO PARR ROAD RECOMMENDATION That the City Council award a construction contract for the Water Main Extension from Evergreen Road to Parr Road to Canby Excavating, Inc. in the amount of $406,160.00. BACKGROUND The contract is in conjunction with File #2008 - 001 -09, Bid No. 2011 -02 for the installation of approximately 3,580 LF of 18" ductile iron pipe, approximately 110 LF of 6" ductile iron pipe, nine Fire Hydrants, ten 18" butterfly valves, one 18 "x24" hot tap assembly, and one 2" blow -off assembly. This project includes approximately 700 LF of asphalt concrete patching and inlay restoration per Marion County right -of -way access permit requirements. This project will improve water volume and quality in the western section of the municipal service area. Bids for the improvement were opened on August 26, 2010. Eleven (11) legal bids were received from responsible, pre - qualified Bidders. Offers received are as follows: No: Name Amount 1 Canby Excavating, Inc. $406,160.00 2 K &E Excavating, Inc. $422,966.50 3 GVS Contracting $458,475.00 4 Pacific Excavation, Inc. $483,,750.00 5 Jim Smith Excavating $488,866.00 6 Clackamas Construction, Inc. $498,500.00 7 Kerr Contractors Inc. $505,540.00 8 Paul Lambson Construction $506,200.00 9 Gelco Construction, Inc. $511,195.00 10 Dow Bros., Inc. $528,412.87 11 Dunn Construction, Inc. $533,900.00 Agenda Item Review: City Administrator x City Attorney x Finance x 57 Honorable Mayor and City Council September 13, 2010 Page 2 Engineer's Estimate $598,786.50 The recommended award is 32.2% under the Engineer's estimate. DISCUSSION The project was approved in the 2010 -11 Capital Improvement Program budget. The contract award is in conformance with public contracting laws of the State of Oregon as outlined in ORS Chapter 279C and the laws and regulations of the City of Woodburn, therefore, staff is recommending the contract be awarded. FINANCIAL IMPACT The project will be funded from Fund 466, Water Construction /SDC Funds. FY10 -11 CIP Budgeted Amount $550,000 58 F+, W RR ��N i it L L f p o r it F e d 1 8 8 7 September 13, 2010 TO: Honorable Mayor and City Council through City Administrator FROM: Dan Brown, Public Works Director SUBJECT: ACCEPTANCE OF A PUBLIC UTILITY EASEMENT ON 1490 BROWN STREET (TAX LOT 051W18C00600) RECOMMENDATION That Council accept a twenty (20) foot Public Utility Easement granted by HBUF, LLC, property owners of 1490 Brown Street in Woodburn, Oregon (Tax Lot 051 W18C00600). BACKGROUND A permanent water line easement is needed In order to complete the ARRA funded Water Consolidation Project at Shalimar Estates. This easement will allow the City's water main to extend to Shalimar Estates and to create a loop in the City's water distribution system, which enhances water volume and quality within the distribution system. DISCUSSION The Public Utility Easement is a portion of land measuring approximately 20.0 feet wide by 617.15 feet long and is located on the east side of Brown Street along the westerly edge of the existing property line of 1490 Brown Street. It provides a permanent easement and right -of -way to construct, reconstruct, operate, and maintain Water Mains, Service Lines and Appurtenances. This Public Utility Easement also includes a 10.0 foot Temporary Easement that will allow for the construction and installation of the aforementioned public utilities. FINANCIAL IMPACT The cost to the City for this Public Utility Easement is $3,700.00 and will be funded from Fund 466, Water System Construction Fund. Please note that this expenditure is not an eligible ARRA /CWSRF reimbursement. ATTACHMENTS A copy of the executed public utility easement document is attached. Agenda Item Review: City Administrator x City Attorney x Finance x 59 AFTER RECORDING RETURN TO: Woodburn City Recorder City of Woodburn 270 Montgomery Street Woodburn, OR 071 CITY OF WOODBURN, OREGON PUBLIC UTILITY EASEMENTS (Temporary and Permanent) HBUF LLC, an Oregon Limited Liability Company, GRANTOR, grants to the CITY of WOODBURN, OREGON, her [rafter called CITY, a permanent easement and right-of-way, including the permanent right to construct, reconstruct, operate, and maintain Water Maria , Service Lines and Aourtenan on the following described land: See attached Exhibit 'A" Legal scr* *ion of ermanent Easement and attached Exhibit "B" Sketch for Legal Description of err anent Easement which are by this reference incorporated herei GRANTOR also grants to CITY a temporary easement and right-of-way upon, across, and under so much of the aforesaid lard as described as: See attached Exhibit "Cl.' Legal Description of Temporary Easement and Attached Exhibit "'D"" Sketch for ,Legal Description of Temporary Easement, which are by this reference incorporated herein It being understood that said temporary easement i only for the original a ravation, construction and installation of the public utilities referenced above and upon the completion of the construction thereof shall cease to exist sage and except for that portion hereinbefore described as being a permanent easement„ GRANTOR reserves the right to use the surface of the land for any purpose that will not he inconsistent or interfere with the use of the easement by CITY. No building or utility shall be placed upon, under, or within the property subject to the foregoin easement during the tern thereof, however, without the mitten permission of CITY Upon completion of the construction, CITY shall restore the surface of the property to its original condition and shall indemnify and hold GRANTOR harmless against any and all loss, cost, or damage arising out of the exercise of the rights granted herein. Public Utility Easements (Temporary and Permanent) Page 1 of X 4' es A ug 2 0 2010 1 3 4PM MJH & Companies (503) 590 -8840 p The true con sideration of t hts co nveyance Is THREE THOUSAND AND SEVEN HUNDRED dollars an no /100's ($3,700,00) a nd other valuable co nsi deratim the naceipt of which is acknoWedged by GRANTOR. GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of the above - granted premises, free from all encumbrances arrd that GRANTOR and their heirs and personal representatives shall warrant and forever defend the said premises and every part thereof to CITY agadnat the lawful daims and demands o f all parsons c laiming bar, through, o under GRANTOR., Z" & DATE[ thi - da y of _j 1�. B Fi LLC Are O reg on Limited Li C ompa n y B: r Hanks ManagIng Member CORPORATE ACKNOWLEDGEMENT STATE OF OREGON, County of ss T e f re ing instrument was acknowledged before me this day of 2010 by Michael Hanks, as Managing Member ber o HB F L.LC, a n Oregon - imbed Liability Company and the foregoing instrument was signed and sealed on behalf of s ald c ompany; and acknowledged said instrument to be Its voluntar act a nd dee d. O FFICIAL SEAL , JANET L WINDER l IC FOR G ! NOTARY PUBLIC- OREGON M C omm i ss i on E xp i re s ; COMMISSION NO. 437381 Y C OMMISSION EXPIRES MAY 6 1 2013 Public Utility basements (Temporary and Permanent) Page 2 of JN* F ti F 61 City of Woodbur 20 Montgomery Street Woodbu OR 9707 H B F, LLC o Michael Harks 14845 SW Murray Scho Suite 1 10 Post office Box 51 Bea verton, OR 97 007 Accepted o behalf of the City of Woodburn after authorization by its City Council or d ate City Recorder: Christina Shearer Public Utility Easements (Temporary and Permanent) Page 3 ofd .� EXHIBIT "A" Le Desceiption of permanent Easement Grantor: HBUF1 LLC t, VVOodburn, OR 97071 Sits Add r. p " ID No. 813456 Map Tax Lot No,: 051 W1 K An easement on Grantor's propeft described in Reel 2632, Pa 355, Records Of MaJon Count Ore said tract of land beilIg Imated in the Southw Quarter of Me d jan, Marion Count Section 18, *Township 5 South, Ran I WOSt, VVillarnette n O re g on,, the easement being MOre parficularly described a s follows; fleet of said tract, Public Utility Easements (Temporary and pmf - ma ent p4 of 63 EXHIBIT 11 8" SKETCH FAR LEGAL DESCRIPTION OF PERMANENT EASEMENT SCALE I ^ =2oa' EXISTING TRACT w §1 1 rtr r !�1 t u 1 c CL ED OT I CE WAP 7AY LOT N 0, I PERMANENT EASEMEN T C ONTA i NS 12 ,34 , 3 SQUARE FEET a5 (W I SCOOSOD IF THIS BAR DOES � � f r� §1 1 rtr r !�1 t u 1 c CL ED OT I CE I PERMANENT EASEMEN T C ONTA i NS 12 ,34 , 3 SQUARE FEET IF THIS BAR DOES NOT MEASURE I" THEN DRAM [ECG I i� r NOT TO SCALE 5 •� EXHIBIT 'C" Legal Description of TOrry Eavament A strip of ]a nd 10 feet vvide adjoi ni n the Ea st tin a of th e permanen ease ment d escribed in Exhibit ltw -. Public Utility Easements (Ternporary and na k) Page 6 of 7 65 �J C I { a a ri C 4 EXHIBIT "o" SKETCH FOR LEGAL DESCRIPTION OF 'TEMPORARY EASEMENT SCALE .anal � I "" " �. . TEMPORARY EASWgNT MAP T AX LOT NO. 05 l w I 0 O0 00 1 0' PERMANENT EASWENT f NUM NO TI C E } 1 , TEMPORARY E CONTA EME T . ! 7 SQUARE FEEI.. � f i V T H 1 OAR DOE NOT MEASURE I ,F THEN DRAW 1 NOT TO SCALE R f • • F+, W RR ��N i it L L f p o r it F e d 1 8 8 7 September 13, 2010 TO: Honorable Mayor and City Council through City Administrator FROM: Dan Brown, Public Works Director SUBJECT: ACCEPTANCE OF A PUBLIC UTILITY EASEMENT ON 1636 BROWN STREET (TAX LOT 051W19B00200) RECOMMENDATION That Council accept a twenty (20) foot Public Utility Easement granted by MSRH, LLC, property owners of 1636 Brown Street in Woodburn, Oregon (Tax Lot 051 W1 91300200). BACKGROUND A permanent water line easement is needed In order to complete the ARRA funded Water Consolidation Project at Shalimar Estates. This easement will allow the City's water main extended to Shalimar Estates to be continued to complete a loop to the City's water system, which is essential to provide adequate water volume and quality. DISCUSSION The Public Utility Easement is a portion of land measuring 20.0 feet wide by 748.95 feet long (20' x 256' and 20' x 492.95'), and is: 1) Located through the middle portion of the existing property and 2) Located on the east side of Brown Street along a portion of the westerly edge of the existing property line at 1636 Brown Street. It provides a permanent easement and right -of -way to construct, reconstruct, operate, and maintain Water Mains, Service Lines and Appurtenances. This Public Utility Easement also includes a Temporary Easement that will allow for the construction and installation of the aforementioned public utilities. FINANCIAL IMPACT There is no cost to the City for this Public Utility Easement since it was donated by the property owner. ATTACHMENTS A copy of the executed public utility easement document is attached. Agenda Item Review: City Administrator x City Attorney x Finance _x 67 . AFTER RECORDING RETURN TO. Woodburn City recorder City of Woodburn 270 Montgomery street Woodburn, OR 97071 CITY OF WOODBURN, OREGON PUBLIC UTILITY EASEMENTS (Temporary and Permanent) MSRH, LLC, an Oregon Limited Liability Company, GRANTOR, grants to the CITY of WOODBURN, OREGON, hereinafter called CITY, a permanent easement and right -of- -gray, including the permanent right to construct, reconstruct, operate, and maintain Water M n )__Ser ice Lines and Appurtenance n the following described land: _ See attached Exhibit 'AJj Leg►af Description of ermanen t Easemen t and attached Exhibit " "Sketch for Legal Description of Permanent Easemen which are her this reference incorporated herein GRANTOR also grants to CITY a temporary easement and right upon, across, and under so much of the aforesaid land as described ask See attached Exhibit "C" Legal Description of Temporary Easement, which are by this reference incorporated herein It being understood that said temporary easement is only for the original excavation, construction and installation of the public utilities referenced above and upon the completion of the construction thereof shall cease - to exist, sage and except for that portion hereinhefore described as being a permanent easement, GRANTOR reserves the right to use the surface of the land for any purpose that will not he inconsistent or interfere with the use of the easement by CITY. N o building or utility shall be placed upon, under, or w ithin the property subject to the foregoing easement during the term thereof, however, without the written permission of CITY Upon completion of the construction, CITY shall restore the surface of the property to its original condition and shall indemnify and hold GRANTOR harmless against any and all loss, cost, or damage arising out of the exercise of the rights g ranted herein, Public Unlit Easements (Temporary and Permanent) Page 1 of� •• The true c onsideration of this conveyance is No dollars and no/100's ($ 00.0 0 ) and other valuable onsid r ation, the receipt of which is acknowledged by GRANTOR. GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of the above-granted premises, free from ll e ncumbrances and that GRANTOR and their heirs and personal representatives shall warrant and forever defend the said premises and every part thereof to CITY against the la claims and demands of all persons claiming by: through, or under GRANTOR. DATED this :3c- day of 20 MSRH, LLC An Oregon Limited Liability Company BY: Michael Hank Managing Member CORPORATE ACKNOWLEDGEMENT ftI STATE OF OREGON County of . { The foregoi instrument was a cknowledg e d before me this �� g g d ay of 2010 by Michael Hanks, as Managing Member of MSRH, LLC, an } re on Limited Liability Company and the foregoing instrument was signed and sealed on behalf of said company; and acknowledged said instrument to be its voluntary act and deed. NOTARY � Q AV r T► R° PUB LIC FOR OREGON My Commission Expires: / ,?Z ) Public Utilit .Easements (Temporary and Permanent) Page 2 of d? .• City of Woodburn 270 Mont Street Woodburn, OR 97071 I S RH, LLC Michael Hanks 14845 SW Murray Scholls Suite 110 Post Office Box B eaverton, O 97007 Accepted on behalf of the City of Woodburn after authorization by its City Council on d ate City Recorder: Christina Shearer Public Utility Easements (Temporary and Permanent) Page 3 of��✓ 70 t J EXHIBIT "A's Legal Description of permanent Easement Grantor: MSH, LLB Site Add r 1636 Bmwn Street, Woodburn, 'f Propel ID No.: R13970 Map Tax Lot � * 051VV19B 00200 A n easement on err Property r described in Reel 2709, Page 359 records of • act of land being Id in the Northwest Quarter of Sect ion 19 Township 5 S Range I West, Willamette Meridian, Marion County, rrl the easement be ing more particularly described as follows: s trip o l 20 ft wid 10 feet lying on each side of the following described easement center line Be g i nn ing at on the East line o said tract, said point • r f of corner r tit, said point being the being 266.00 feet South ; TRUE POINT OF BEGINNING of said easement center line; thence Westerly o irn to p on the W 11ne of sa id track said point Being 266..00 feet Southerly of the said point in the `TRUE POINT ENDING f said easernent center fine; and �t �r�r�r � r� tra p the VV 20 feet o f said tract lying between the Nort rti line of the - described strip of lard and the Northerly line of said tract. Public tjfility Easemcents (Tempor and Permanent Pa 4 of 71 EXHIBIT "B" SKETCH FOR LEGAL DESCRIPTION CF PERMANENT EASEMENT SCALE: or c a x� �s c u r ix f c F - � 2 IA ix 1 49 C d 40 to 9) Q C C'# Q rj m 0 cm Cl .N EX I ST I NG TRACT r DINT E ASEMEN T f r a r x i I 1 1 PE RMANENT EA C ONTA INS K 979 SQUARE FEET, Ni O C I IF THIS BAR DO NOT MEASURE I a THEN DRAW I NG I NOT TO SCA 0 5 72 cq li MAP TAX LOT NO, 01'19000 1 1 PE RMANENT EA C ONTA INS K 979 SQUARE FEET, Ni O C I IF THIS BAR DO NOT MEASURE I a THEN DRAW I NG I NOT TO SCA 0 5 72 = S k � X a IT "C" Legal Description of Temporary Easement The satire tract of land. Public Utility Easements (Tempofary and Permanent) page 6 o 73 F+, W RR ��N i it L L f p o r it F e d 1 8 8 7 September 13, 2010 TO: Honorable Mayor and City Council through City Administrator FROM: Dan Brown, Public Works Director SUBJECT: ACCEPTANCE OF A PUBLIC RIGHT -OF -WAY DEDICATION ALONG THE FRONTAGE OF 2401 N BOONES FERRY ROAD (TAX LOT 051W07BA01100) RECOMMENDATION That Council accept a seven foot Public Right -of -Way Dedication granted by QWEST Corporation, property owners of 2401 N Boones Ferry Road in Woodburn, Oregon. BACKGROUND As a condition of City Building Permit B04 -315, QWEST Corporation was required to provide a seven foot Right -of -Way Dedication along the frontage of 2401 N Boones Ferry Road (Tax Lot 051 W07BA01100). DISCUSSION The Right -of -Way Dedication is a portion of land measuring 7.0 feet wide by 173.82 feet long, including a portion of the SW corner of the N Boones Ferry Road /Country Club Road intersection, and is located on the west side of N Boones Ferry Road along the easterly edge of the existing property line at 2401 N Boones Ferry Road. The Right -of- Way dedication will allow the construction of any future improvements to meet the requirements of the current transportation system plan. FINANCIAL IMPACT: There is no cost to the City for this Right -of -Way dedication since it was a condition of City Building Permit B04 -315. ATTACHMENTS A copy of the executed Right -of -Way dedication document is attached. Although the usual practice of Public Works is to obtain a Bargain- and -Sale or Warranty Deed, the City Attorney has issued an opinion that the Quitclaim Deed is legally acceptable in this instance. A copy of the City Attorney opinion is also attached. Agenda Item Review: City Administrator x City Attorney x Finance x 74 MEMORANDUM OPINION NO. 2010 -02 FROM THE WOODBURN CITY ATTORNEY TO: Dan Brown, Public Works Director FROM: N. Robert Shields, City Attorney DATE: September 3, 2010 RE: Use of Quitclaim Deed Background At its September 13, 2010 meeting, the City Council will be asked to accept a public right- of -way dedication by a Quitclaim Deed. The usual practice of the Public Works Department is to obtain Warranty or Bargain - and -Sale Deed for this purpose. A legal question has arisen as to whether a Quitclaim Deed is the appropriate mechanism to convey the right -of- way dedication. Q uestion Is a Quitclaim Deed legally adequate to convey a city right -of -way dedication? Answer Yes, but the Public Works Department's usual practice of obtaining a statutory Bargain - and -Sale or Warranty deed is preferable. Diccijcci0n At common law, a Quitclaim Deed was considered to be a release of interest rather than a conveyance. Consequently, Quitclaim Deeds were not used for conveyances and the deed itself contained no assertion of ownership. One Oregon statute addressing Quitclaim Deeds (ORS 93.110) however, provides that "a deed of quitclaim and release, of the form in common use, is sufficient to pass all the estate which the grantor could lawfully convey by a deed of bargain and sale." Additionally, ORS 93.120 provides that "any conveyance of real estate passes all the estate of the grantor, unless the intent to pass a lesser estate appears by express terms, or is necessarily implied in the terms of the grant." Finally, ORS 93.865 states that a Quitclaim Deed "shall have the effect of conveying whatever title or interest, legal or equitable, the grantor may have in the described property at the date of the deed but shall not transfer any title or interest which the grantor may thereafter obtain nor shall it operate as an estoppel. 75 Memorandum Opinion No. 2010 -02 September 3, 2010 Page 2 Based upon the above referenced statutes, it is my opinion that a statutory Quitclaim Deed may legally be used to convey a city right -of -way dedication and that the City Council can use this legal mechanism to accept the right -of -way dedication on its September 13 agenda. It is a better policy, however, to continue to use a statutory Bargain- and -Sale or Warranty Deed when right -of -way is dedicated. This is consistent with the Public Works Department's usual practice and places the City in a stronger position if there is a title dispute. 76 APP: Statutory Quitclaim Deed File No.: N a '9 7 -OR3 (RB) - continued bate: 03/03/2008 N `\ A After recording return to: THIS SPACE RESERVED FOR RECORERrS USE Until a change is requested all tax statements shall be sent to the following address: File No.: Date: STATUTORY QUITCLAIM DEED WEST CORPORATION, a Colorado corporation formerly known as U S Wet Communications, Inc,, the successor by merger to Mountain States Telephone and Telegraph Company, the successor b merger to Pacific Northwest Bell Telephone Company, having an address at 1801 California Street, 46"' Floor, Denver, CO 80202 ("Grantor"), releases, quitclaims and conveys to the CITY OF WOODBURN, a municipal corporation of the State of Oregon, having an address at 270 Montgomery Street, Woodburn, R 97071 ("Grantee"), all rights and interest in and to the following described real property: See Exhibit "A" attached hereto. The true consideration for this conveyance is $0.00. Here comply with requirements of ORS 93,030) BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195-300, 195.301 AND 195.305 TO 195,336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAMS 2 007, AND SECTIONS 2 TO 9 AND 17 CHAPTER 855, OREGON LAVES 2009. THIS INSTRUMENT DOES NOT ALLOW USE of THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAV'E'S AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215,010, To VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS CAN LAWSUITS AGAINST FARMING OR Page 1 of 3 77 APP: Statutor Quitclaim Deed File No.: NCS-299279-OR3 RB ) - continued Date: 03/03/2008 FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195-336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. Dated this , t da of - UC-1 (t,6T 2010. GRANTOR: QWEST CORPORATION, a Colorado corporation f/k/a U S West Communications, Inc., the successor b mer to Mountain States Telephone and Tele Compan the succe b er acific Northwest Bell Telephone COMM p y By:_ V Name: Title: Z) k Y- - State of Colorado ) Ss. City and Count of Denver This instrument was acknowled b me on this j da of Us/- 20 ")I Y'� - - � � o W by the I I �k- f Q 'est Corporation, a Colorado corporation f/k/a U S West Communications, Inc., the successor b mer to Mountain States Telephone and Tele Compan the successor b mer to Pacific Northwest Bell Telephone Compan Notar Public fir Colorado ' M commission expires: 10TA4 J*UBLIC; M y E S 8 Pa 2 of 3 78 APN. Statutor Quitclaim Deed - continued GRANTEE: CITY OF WOODBURN, a municipal corporation of the State of Ore B Name: Title: State of Ore )SS. Count of Marion This instrument was acknowled before me on this b , the corporation of the State of Ore File No.- NCS-299279-OR3 (FHB) Date: 03/03/2008 1 20 of the Cit of Woodburn, a municipal Notar Public for Ore M commission expires: da of 79 EXHIBIT "A' (RIW Dedication) A strip of lard varying In width for Road bight -of -gray purposes, over, and across portion of land, described In Volume 640 Page 17, Marion County, Oregon Creed records, and is located in the Northwest Quarter of Section 7, Township South, Flange 1 West, Willamette Meridian, Cif of Woodburn, Marion County, Oregon, and more particularly described as follows: Commencing at the Northeast corner of Lot 2, "Elmendorf Acres", a subdivision plat recorded in Volume 06, Page oho, Marion County, Oregon Book of Town Plats, said point being on the westerly right-of-way line of Hooves Fermi Baud (l .r . 69); thence South 1 *o8' g" West, along said right-of-way line, a distance of 1 0.28 feet, to a paint on the southerly dght -of-way lira of Country Club Road, and the True Point of Beginning; thence South 16 West, along said right- of-way line, a distance of 17.2 feet, to a point on the southerly fine of said Lot thence North 87 0 2'00" West, along the south line of said lot, a distance of 7.20 feet to a point; thence North 16"08'00" East, parallel to said right- of-way line, a distance of 148.45 feet to a point; thenoe along a curve to the left Frith a Radius of 20.00 feet, (the chord of which bears 1 35 *87'00'"1' , 31.41 feet), there along the arc of said curve, a distance of 38.1 feet, to a point on the southerly right-of-way line of Country Club Road; thence south 87 0 22'00" East, along said right-of-way line, a di tanoe of 32.57 feet, to the port of beginning. The above tract contains 1,363 square feet of land more or less. ee F+, W RR ��N i it L L f p o r it F e d 1 8 8 7 September 13, 2010 To: Honorable Mayor and City Council From: Scott Derickson, City Administrator Subject: Marion County Zone Change /Comprehensive Plan /Conditional Use Case 09- 012 /Wurdinger DISCUSSION: Authorize the Mayor and City Staff to testify at the September 22, 2010 public hearing before the Marion County Board of Commissioners in opposition to Zone Change /Comprehensive Plan Amendment /Conditional Use Case 09- 012 /Wurdinger. BACKGROUND: The City Attorney and I appeared before the Board of Commissioners on August 25, 2010 at a hearing concerning the Wurdinger land use application. We asked that the hearing be continued in order to provide time for Woodburn's Mayor to be heard on the matter. The applicant was also requesting that the public hearing be continued to complete a traffic analysis, so the Board of Commissioners continued the hearing until September 22, 2010. The parcel contains a dwelling, well, septic system, and accessory structures. The site consists of a 52.48 acre parcel designated Primary Agriculture in the Marion County Comprehensive Plan and zoned Exclusive Farm use (EFU). The applicant is requesting to change the Comprehensive Plan designation from Primary Agriculture to Industrial and change the zone from EFU Industrial on approximately 34.4 acres of the 52 acre site. The applicant also filed a conditional use application to develop the property as an Automobile Wreckers Facility. The proposed site is immediately north of Woodburn's Urban Growth Boundary near the intersection of Arney /Crosby Road. More specifically, the property is located on the north side of Crosby Road approximately 850 feet west of Interstate 5 and approximately .5 miles east of Butteville Road. Agenda Item Review: City Administrator x City Attorney x Finance x 81 Honorable Mayor and City Council September 13, 2010 Page 2 DISCUSSION- The City first learned of the project when Crosby Road residents expressed concerns over a proposed diesel truck breaking & vehicle storage compound proposed for a site near Woodburn. Concerns range from environmental and water contamination to noise and aesthetics. There has also been discussion regarding the amount of available industrial lands in the Willamette Valley and the need to change 53 acres of Primary Agriculture land to Industrial. Staff has concerns that at some point in the future the site, along with environmental concerns generated as a result of its use, will be brought into the City. Marion County confirmed that City officials were not notified as part of the County's land use process because City limits are not within the required notification area. Since the second Council meeting in August was cancelled, I brought this matter to you at this meeting so you could discuss it as a body. FINANCIAL IMPACT Unknown at this time. .,:HC � .=;. s. 1.. �'re �m�.Y w:��l��'� :lw >. H:.:��w��m. .✓.�:�r_:. ,s j :� All R-'�rv r. : Tr.. .6 ift :F r:,.:`'• >m _... yr w`= p,.• „. -.... .��;c�� a•� •” , ..... ... ... - :'r..:.: ......:fir..... :.:..,... ='.: .: -..9:. ZC /CP /CU09 -012 PURPOSE OF HEARING: to receive testimony on an application to change the zone from EFU (Exclusive Farm Use) to I (Industrial), to change the comprehensive plan designation from Primary Agriculture to Industrial with an exception to Statewide Planning goal 3 (Agricultural Lands) and for a conditional use to operate a scrap and waste materials facility on a 35 acre portion of a 52.48 acre tract located at 9349 Crosby Rd NE, Woodburn. (T5 S; R2W; Section 01; tax lot 00100). APPLICANTS: Arlene W urdinger DATE AND TIME OF HEARING: July 28,2010; 9:30 a.m. LOCATION OF HEARING: Senator Hearing Room, Courthouse Square Bldg., 555 Court St, NE, Salem, Oregon HOW TO PARTICIPATE: Anyone desiring to speak either for or against the proposal may do so in person or by representative at the public hearing. written comments may be filed prior to the public hearing with the Marron County Plamling Division. The application, documents and applicable criteria are available for inspection at no cost and copies are available. After the close of the hearing the Board of Commissioners may approve or deny the application, may remand to the Hearings Officer or Planning Division, or approve a modified proposal. Interested persons should become involved in the decision - making process. Failure to raise an issue, in person or by letter, or failure to provide sufficient specificity to afford the Board of Commissioners an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals (LUBA) based on that issue. Notice to mortgagee, lienholder, vendor, or seller: ORS CHAPTER 215 requires that if you receive this notice, it must promptly be forwarded to the purchaser, LAND USE DECISION CRITERIA: The criteria upon which the decision on this application will be based include: Marion County Rural Zoning Ordinance Chapter 119 Chapter 123 * Chapter 136 ® Chapter 1 Statewide Planning Goal 3 (Agricultural Lands) CHAR 660 Division 4 Marton County Comprehensive Plan Agricultural Land Policies and Rural Development Policies For information regarding this application please contact: Sterling Anderson, Planning Manager; PHONE: (503) 588 -5038 Marion County Planning Division, 555 Court St NE, Salem, Oregon 97301 NOTE: The scheduling of a hearing and the mailing of this notice should not be construed in any way as a determination that the application has been deemed complete under the provisions of ORS 215.428. In order to accommodate persons with physical impairments, please notify the Planning Division of any accommodations you may need as far in advance of the hearing as possible. Parkigg Please be advised that the streets around Courthouse Square have free 2 -hour limited parking, As we are unable to predict how long a hearing might last, Marlon County has a limited number of temporary parking permits available to those attending a public hearing. These permits are valid only for the designated spaces at the Marion County Courthouse parking garage, are on a first -come first served basis and valid only for the day of the public hearing. No parking is guaranteed. To request a parking permit, contact the Marion County Planning Division at (503) 588-5038. 83 cl� (p C§rj lq "14 EFU .. ........... CROSBY RD 505 -xb— AL ARNEY 505 Q ' cz EFU - 1-a �� T -kill . ...... ... . UT- scale 1 rf = 821" Marion Count Plannin Division, 503-588-5038, Septernbe ) II , 2009 Aj— �;L- AL �111. All. AL, -,x Alt. AL cl� (p C§rj lq "14 EFU .. ........... CROSBY RD 505 -xb— AL ARNEY 505 Q ' cz EFU - 1-a �� T -kill . ...... ... . UT- scale 1 rf = 821" Marion Count Plannin Division, 503-588-5038, Septernbe ) II , 2009 F+, WaODD i it L L f p o r it F e t September 13, 2010 TO: Mayor and City Council through City Administrator FROM: Ignacio Palacios, Finance Director SUBJECT: Audit Services RECOMMENDATION Authorize the City Administrator to enter into a contract for audit services (see Exhibit A attached) with Grove, Mueller and Swank, P.C. to conduct the City's financial statement audit for fiscal years 2009 -2010 and 2010-2011. BACKGROUND Previously, the City had contracted with Boldt, Carlisle and Smith, LLC (BCS) to conduct its financial statement audit services. BCS had conducted the financial statement audits for the past eight fiscal years. In addition, the services provided were no longer meeting the needs of the City. Due to these reasons BCS was notified that they would no longer be retained as the City's financial statement auditors. Pursuant to Local Contracting Rules the City solicited quotes for financial statement audit services for the fiscal years 2009 -2010 and 2010 -2011 from five qualified firms. A formal request for proposals was not necessary as the contract amount is under the $75,000 limit. The City received two quotes in response to the solicitation. Those two quotes were evaluated against predetermined criteria for technical qualifications and dollar cost (for both fiscal years). The technical quote points assigned were 65 points possible and 35 points possible for the dollar cost quote. Firm AKT, LLP Grove, Mueller & Swank, PC Merina & Co., LLP Talbot, Korvola,& Warwick, LLP Wilcox, Arredondo & Co. * No quote received Technical Dollar Cost Tota I Pts Total Cost * 60 35 95 $ 73,400 * 63 28 91 $ 120,460 Agenda Item Review: City Administrator x City Attorney x Finance x 97 Honorable Mayor and City Council September 13, 2010 Page 2 Both firms are technically qualified to conduct the fiscal audits requested by the City and have significant experience in conducting municipal government audits. Which leads to the differentiating factor coming down to cost. The quote from Grove, Mueller & Swank, P.C. is $47,060 less than Talbot, Korvola and Warwicks, LLP's quote. Based on these criteria, I recommend that the City contract for financial statement audit services for the fiscal years 2009 -2010 and 2010-2011 with Grove, Mueller and Swank, P.C. FINANCIAL IMPACT Financial statement audits are required by the State of Oregon and are budgeted for on an on -going basis. Sufficient appropriations have been made in the affected funds to pay for audit fees for fiscal year 2009 -2010. Wee Exhibit A City of Woodburn Municipal Audit Contract THIS CONTRACT, made this 27th day of August, 2010, in accordance with the requirements of Oregon Revised Statutes 297.405 through 297.555 between Grove, Mueller and Swank, P.C. Certified Public Accountant(s) of Salem, Oregon, ( "AUDITOR ") and the City of Woodburn, Oregon, ( "CITY ") provides as follows: 1. It hereby is agreed that AUDITOR shall conduct an audit of the accounts and fiscal affairs of CITY for the 2009 -2010 and 2010 -2011 fiscal years in accordance with the Minimum Standards for Audits of Municipal Corporations as prescribed by law. The audit shall be undertaken in order to express an opinion upon the financial statement of CITY and to determine if the CITY has complied substantially with appropriate legal provisions. The scope of the services under this agreement is attached and incorporated herein. 2. AUDITOR agrees that the services contracted to perform under this contract shall be rendered by or under personal supervision and that the work will be faithfully performed with care and diligence. 3. It is understood and agreed that, should unusual conditions arise or be encountered during the course of the audit whereby the services of AUDITOR are necessary beyond the extent of the work contemplated, written notification of such unusual conditions shall be delivered to the CITY who shall instruct in writing AUDITOR concerning such additional services, and that a signed copy of each such notification and instruction shall be delivered immediately to the Secretary of State by the party issuing the same. 4. The audit shall be started as soon after this contract is executed as is agreeable to the parties hereto and shall be completed and a written report thereon delivered within a reasonable time, but not later than six months, after the close of the audit period covered by this contract unless a mutually agreed to extension is granted. Adequate copies of such report shall be delivered to the CITY and its form and content shall be in accordance with and not less than that required by the Minimum Standards for Audits of Oregon Municipal Corporations. 5. It is understood and agreed that the CITY is responsible for such financial statements as may be necessary to fully disclose and fairly present the results of operations for the period under audit and the financial condition at the end of that period. Should such financial statements not be prepared and presented within a reasonable period of time, it is understood that AUDITOR shall draft them for CITY. The cost of drafting such financial statements is not included in the fee for conducting the audit as set forth in Paragraph 7 below. 6. Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason upon ten (10) days' written notice to AUDITOR. AUDITOR agrees to cease all work under this Agreement upon receipt of said written notice. 1 7. In consideration of the faithful performance of the conditions, covenants, and undertakings herein set forth the CITY hereby agrees to pay AUDITOR the sum of $36,700 for each fiscal year under audit as set forth in Paragraph 1 and the CITY, hereby affirms that proper provision for the payment of such fee has been or will be duly made and that funds for the payment thereof are or will be made legally available. 8. AUDITOR shall provide and maintain: A. Commercial General Liability Insurance, occurrence form, with a limit of not less than $1,000,000 for each occurrence. B. Automobile Liability Insurance, occurrence form, with a limit of not less than $1,000,000.00 for each occurrence. Such insurance shall include coverage for owned, hired, and non -owned automobiles. C. Workers Compensation in at least the minimum statutory limits. D. All insurance shall: i. Include CITY as an additional insured with respect to this Agreement and the performance of services in this Agreement. ii. Be primary with respect to any other insurance or self- insurance programs of CITY. iii. Be evidenced, prior to commencement of services, by properly executed policy endorsements in addition to a certificate of insurance provided to CITY. iv. No changes in insurance may be made without the written approval of CITY. 9. AUDITOR agrees to hold harmless and indemnify CITY, its officers and employees from and against any and all claims, loss, liability, damage, and expense arising from the negligent, or claimed negligent, performance of this Agreement by AUDITOR, its officers or employees. AUDITOR agrees to defend CITY, its officers or employees against any such claims. This provision does not apply to claims, loss, liability or damage or expense arising from the sole negligence, or willful misconduct, of CITY. CITY OF WOODBURN AUDITOR By: — — — — — — — By: — — — — — -- Scott Derickson Print: Title: City Administrator Title: 2 100