11-22-2010 Agenda PacketCITY OF WOODBURN
CITY COUNCIL AGENDA
NOVEMBER 22, 201 0 - 7:00 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
A. City Hall will be closed on November 25th and 26th for the
Thanksgiving Holiday. The Aquatic Center will be closed on
November 25th and will reopen from 1:00 to 3:30 pm on Friday
the 26th. They will resume normal business hours on Saturday the
27th. The Library will be closed on November 25th but will be
open during normal business hours the rest of the holiday
weekend.
B. Please join us for the Mayor's Tree Lighting on Sunday,
December 5. The festivities begin at 5:30 PM as we carol and
light the Settlemier House tree. The Dickens Carolers will then
lead a candlelight parade to the Downtown Plaza where we
will be greeted by traditional holiday caroling, dance
performances, hot chocolate, and an appearance by Santa
himself.
Al212ointments
None
4. COMMUNITY /GOVERNMENT ORGANIZATIONS
A. Chamber of Commerce
B. Woodburn School District
5. PROCLAMATIONS /PRESENTATIONS
Proclamations
None
"Hawa interpretes bisponVes Para aqudfas personas que no �Afan Ingfes, previo acuerbo.
of (503) 980 -2485."
November 22, 2010 Council Agenda
comuniquese
Page i
Presentations
A. New World Systems
6. COMMUNICATIONS
I2 •I'7iT0
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.
A. Woodburn City Council minutes of November 8, 2010 1
Recommended Action Approve the minutes.
B. Woodburn City Council Executive Session minutes of November 5
8, 2010
Recommended Action Approve the minutes.
C. Woodburn Recreation and Park Board minutes of November 9, 6
2010
Recommended Action Accept the minutes.
9. TABLED BUSINESS
121110
10. PUBLIC HEARINGS
A. Woodburn Ambulance Rate Increase 10
B. 2010 -2011 Supplemental Budget
11. GENERAL BUSINESS - Members of the public wishing to comment on items of
general business must complete and submit a speaker's card to the City
Recorder prior to commencing this portion of the Council's agenda.
Comment time may be limited by Mayoral prerogative.
A. Council Bill No. 2847 - An Ordinance Amending Ordinance 25
2313, the Woodburn Development Ordinance, to Add New
Sign Regulation Provisions
Recommended Action Adopt the Ordinance
November 22, 2010 Council Agenda Page ii
B. Council Bill No. 2844 - A Resolution Awarding a Sole Source 62
Contract for Software Upgrade and Implementation Services to
New World Systems Corporation and Adopting Findings
Recommended Action: Adopt the Resolution.
C. Council Bill No. 2848 -A Resolution Approving Transfers of FY 70
2010 -2011 Appropriations and Approving a Supplemental
Budget
Recommended Action: Adopt the Resolution.
D. Council Bill No. 2849- A Resolution Authorizing an Interfund Loan 80
From the Transportation Impact Fee and Water Well Distribution
Construction Fund to the General, Water and Sewer Funds for
the Purpose of Upgrading the Current Accounting and Police
Reporting Systems.
Recommended Action Adopt the Resolution.
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
November 22, 2010 Council Agenda Page iii
COUNCIL MEETING MINUTES
November 8, 2010
0:00
0:01
DATE COUNCIL CHAMBERS, CITY HALL, CIT Y OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, NOVEMBER 8, 2010.
CONVENED The meeting convened at 7:00 p.m. with Mayor Figley presiding.
ROLL CALL
Mayor Figley
Councilor Cox
Councilor Lonergan
Councilor McCallum
Councilor Morris
Councilor Pugh
Councilor Schmidt
Staff Present: City Administrator Derickson, Assistant City Administrator Stevens,
City Attorney Shields, Police Chief Russell, Public Works Director Brown, Economic
& Community Development Director Hendryx, Police Captain Garrett, City Recorder
Shearer.
ANNOUNCEMENTS
City Hall will be closed Thursday,
2010 in oluffvance of Veteran's Day.
0:01 APPOINTMENTS
The Mayor announced the appointment of Christina Williamson & Sam Brentano to
the 99E Corridor Citizen Advisory Committee. Cox/Lonergan... approve the
appointments. The motion passed unanimously.
0:03 COMMUNITY /GOVERNMENT REPORTS
A. Chamber of Commerce — Don Judson, Executive Director of the Woodburn Area
44 Chamber of Commerce briefed Council on the annual Crystal Apple awards and
- upcoming chamber events.
0:06 CONSENT AGENDA
A. approve the Woodburn City Council minutes of October 25, 2010,
B. accept the Crime Statistics report for October 2010,
C. recommend that the OLCC approve an off - premises sales liquor license for
Woodburn Market.
McCallum/Lonergan... adopt the Consent Agenda. The motion passed unanimously.
0:07 PUBLIC HEARING — LEGISLATIVE AMENDMENT 2010 -01. REVISION OF
THE SIGN REGULATIONS
Mayor Figley declared the hearing open at 7:07 pm. Economic & Community
Development Director Hendryx provided an overview of the amendment process and
resulting changes and answered clarifying questions from Council.
Page 1 - Council Meeting Minutes, November 8, 2010
COUNCIL MEETING MINUTES
November 8, 2010
1:01 Mayor Figley invited those in favor of the revisions to speak. Don Judson of the
Woodburn Area Chamber of Commerce spoke in appreciation of the efforts of the focus
group, staff, and the planning commission to complete this project. He spoke in favor of
the revisions. Teri Sunderland of Woodburn Company Stores and a participant on the
sign focus committee spoke regarding the efforts to simplify the code and make it useable
for both businesses and the community. She clarified the Company Stores plan for the
addition of an electronic sign to their existing sign. She also spoke about the importance
of signage to freeway adjacent businesses. Bob Barman of the Chevron Station at 2990
Newberg Highway, feels that there was a tremendous amount of hard work that went into
the consensus that lead to the proposed changes. He spoke about the use of LED signs
for energy efficiency. He made a request to modify the regulations related to fuel station
signs due to the increase in the number of fuel products dispensed. He is also in favor of
uniform code enforcement. Merri Berlin 167 N. Settlemeyer, Woodburn had concerns
about signs in residential areas. Melissa Hayden, Proj ect Manager for Security Signs,
was a sign industry representative for the sign focus group, and described the process
used by the group to determine the recommended sign sizes.
Mayor Figley invited those opposed to the revisions to speak. No one wished to speak in
opposition. Mayor Figley declared the public hearing closed at 8:30 pm.
Councilor Cox feels that the proposed revisions are a significant improvement upon the
existing standards in spite of a few concerns and supports the proposed revisions. He
would like staff to research the feasibility of establishing a sunset date for non-
conforming signs that would require the signs to come into compliance with the code
without incurring a financial obligation to the City. City Attorney Shields offered to
provide an opinion on the issue by the next meeting. Councilor Cox also stated that he
feels enforcement is a significant issue that may require additional City resources in the
future. Councilor Lonergan appreciates the work of the staff and committee particularly
in the area of electronic signs and signs adjacent to the freeway. He is in favor of the
revisions. Councilor McCallum spoke of the work of the committee and is supportive of
the revisions. He expressed some disappointment with the sidewalk sign standards for
downtown. He also feels enforcement is a critical issue. Councilor Schmidt expressed
concern with standards that could restrict the flying of the American flag. Councilor
Morris also supports the revisions and also stated that enforcement should be uniform
across all ordinance violations, not just signs.
Mayor Figley appreciates the work completed by the committee and appreciates the
consensus building the proposed revisions represent. She also conveyed Councilor
Pugh's support of the proposed revisions.
1:47 PUBLIC HEARING — CONSIDERATION OF ADOPTION OF THE TRANSIT
PLAN UPDATE
Mayor Figley declared the hearing open at 8:45 pm. Transit Manager Warner provided
Page 2 - Council Meeting Minutes, November 8, 2010
2
COUNCIL MEETING MINUTES
November 8, 2010
an overview of the Transit plan update process and answered questions of Council.
Council also discussed the benefit of having a "business plan" for transit moving forward
into the future. Mayor Figley invited members of the audience in favor of the Transit
Plan update. Don Judson of the Woodburn Chamber of Commerce supports the Transit
plan update and believes that additional promotional activities would be beneficial. He
also feels it will be essential to deal with future growth and energy conservation planning
efforts. Arlene Brown of 1999 Jansen Wy #29 discussed how transit and dial -a -ride in
particular are critical for her and wishes that dial -a -ride had expaed hours. Mayor
Figley invited members of the audience opposed to the Transit Plariupdate to speak; no
one wished to speak in opposition. Mayor Figley declared the hearing closed at 9:15 pm.
2:29 COUNCIL BILL NO. 2845 — A RESOLUTION ADOPTING THE TRANSIT PLAN
UPDATE AFTER A PUBLIC HEARING OF THE CITY COUNCIL
McCallum introduced Council Bill 2845. 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. 2845 duly passed.
2:30 COUNCIL BILL NO. 2846 — A RESOLUTION AUTHORIZING THE BUDGET
TRANSFER FROM THE GENERAL FUND CONTINGENCY TO THE
GENERAL FUND NON - DEPARTMENTAL MATERIALS AND SERVICES FOR
THE PURPOSE OF CONTRACTING PROFESSIONAL SERVICES
McCallum introduced Council Bill 2846. 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. 2846 duly passed.
2:32 PROFESSIONAL SERVICES CONTRACT AWARE TO DECA
ARCHITECTURE INC FOR ARCHITECT/ENGINEER AND RELATED
SERVICES
Cox/McCallum... Council, acting as the Local Contract Review Board, award an
indefinite delivery /indefinite quantity professional services contract for
Architect/Engineer and related services to the firm Deca Architecture, Inc. Public Works
Director Brown provided additional background regarding the need for and use of the
proposed professional services. Mayor Figley requested an estimate of service cost;
Director Brown indicated that it was not possible to provide a firm estimate due to the
unknown nature of future projects. He clarified that Council would have an awareness of
costs through the project cost approval process. The motion passed unanimously.
Page 3 - Council Meeting Minutes, November 8, 2010
9
COUNCIL MEETING MINUTES
November 8, 2010
2:43 UNION PACIFIC PETITION TO CLOSE THE MILL STREET CROSSING
Lonergan /McCallum... authorize the City Administrator to contest the proposed closure
of the Mill Street railroad crossing. The motion passed unanimously.
2::46 EXECUTIVE SESSION:
Mayor Figley entertained a motion to adjourn into executive session under the authority
of ORS 192.660(2)(i). Lonergan/Morris... adjourn to executive session under the
statutory authority cited by the Mayor. The motion passed unanimously.
The Council adjourned to executive session at 9:45 pm and reconvened at 10:22 pm.
Mayor Figley stated that no action was taken by the Council while in executive session.
2:46 Cox/Lonergan.... extend the City Administrator's contract for an additional 2 years
beyond its current expiration under the same terms set forth in the contract. The motion
passed unanimously.
2:48 ADJOURNMEN A .
McCallum/Morris... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 10:24 p.m.
�
ATTEST
Christina M. Shearer, Recorder
City of Woodburn, Oregon
....• IM
KATHRYN FIGLEY, MAYOR
Page 4 - Council Meeting Minutes, November 8, 2010
rd
Executive Session
COUNCIL MEETING MINUTES
NOVEMBER 8, 2010
DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, NOVEMBER 8, 2010.
CONVENED. The Council met in executive session at 9:50 p.m. with Mayor Figley presiding.
ROLL CALL.
Mayor
Figley
Present
Councilor
Cox
Present
Councilor
Lonergan
Present
Councilor
McCallum
Present
Councilor
Morris
Present
Councilor
Pugh
Absent
Councilor
Schmidt
Present
Staff Present: City Recorder Shearer, City Administrator Derickson (joined at 10:15).
Mayor Figley also reminded the Councilors and staff that information discussed in executive
session is not to be discussed with the public.
The executive session was called to:
• Review and evaluate, pursuant to standards, criteria and policy directives adopted by
the governing body, the employment - related performance of a chief executive officer
of any public body, a public officer, employee or staff member unless the person
whose performance is being reviewed and evaluated requests an open hearing
pursuant to ORS 196.660(2)(i).
• City Administrator Derickson waived his right to an open hearing during the open
Council meeting.
ADJOURNMENT.
The executive session adjourned at 10:20 p.m.
KATHRYN FIGLEY, MAYOR
ATTEST
Christina M. Shearer, Recorder
City of Woodburn, Oregon
Pagel — Executive Session, Council Meeting Minutes, November 8, 2010
9
City of Woodburn
Recreation and Park Board Minutes
November 9, 2010 • 6:30 p.m.
WOOD13URN
1. CALL TO ORDER
The meeting and was called to order at 6:35 p.m.
Rosetta Wangerin; Board Chair was absent, Joseph Nicoletti; Board Secretary
conducted the meeting.
2. ROLL CALL
Position I Zandi Cox, Member (12/10) Present
Position II (Student) vacant
Position III Joseph Nicoletti, Board Secretary (12/13) Present
Position IV Rosetta Wangerin, Board Chair (12/13) Absent
Position V Bruce Thomas, Member (12/13) Present (6:55pm)
Position VI Cheryl Shepherd, Member (12/11) Absent
Position VII vacant
3. APPROVAL OF MINUTES FROM JULY 13, 2010
Zandi Cox/Bruce Thomas - Motion to accept the minutes as written. The
motion passed unanimously.
APPROVAL OF MINUTES FROM OCTOBER 12, 2010
Bruce Thomas / Zandi Cox - Motion to accept the minutes as written. The
motion passed unanimously.
4. BUSINESS FROM AUDIENCE
None.
5. OLD BUSINESS
Mill Creek Greenway update
Jim reported that work will begin laying the crushed -rock pathway from south
of Wilson Street to Deer Run. This pathway from Wilson to the pond will be
elevated, contained by a 6 inch log barrier that will hold four inches of base
rock and two inches of crusher fines on top. Discussion took place on the grant
extension deadline of December 15 and Jim shared that, because of the winter
weather approaching, some of the finish work from Deer Run around the pond
will be finished in the spring.
6. NEW BUSINESS
Wyffels Trail Project
Jim displayed a PowerPoint slide of the proposed concept trail from Lincoln to
Hardcastle following along -side Mill Creek. He reported that the ODOT
Readiness Initiative Grant withdrew their recommendation that was initially
approved in March, because they believed that it would be difficult for the City
Page 1 of 4
C.1
City of Woodburn 0. 1 1
Recreation and Park Board Minutes
November 9, 2010 • 6:30 p.m. B
to move the project to a "shovel ready" state in time required. Public Works is
now applying for an ODOT Flexible Funds Program Grant and asked the Board
to approve a letter of support. This grant will provide funding for concept
drawings and construction of the entire project. He also shared that the Land &
Water Conservation Grant which will replace the playground equipment at
Wyffels Park is still in the compliance review process through the National
Park Service.
Bruce Thomas /Zandi Cox - Motion to approve the letter of support as written
giving the Board Chair authority to sign it. The motion passed unanimously.
7. DIVISION REPORTS FROM THE DEPARTMENT
Aquatics — Debbie Wadleigh
Water Polo — Water polo season is coming to a close opening up opportunities
for the high schools swim teams to begin.
Barracuda Swim Team — Woodburn Barracuda Swim meet is November 20 &
21, 2010 and the swim center will be closed.
Open Swim -
Swimming Lessons — Fourth grade swim lessons are progressing well. Debbie
is planning to thank to Woodburn Together for funding this program. Evening
group swim lessons are full right now, but Debbie shared that there is one more
session beginning the Monday after Thanksgiving.
Closures — The center will be closed on Thanksgiving Day, but will open
Friday from 1:00 — 5:00pm.
Memberships — November 15 is the last day to get 15% off memberships.
Recreation — Stu Spence
Youth Sports — a successful youth soccer season has concluded. Pee Wee
basketball has begun with 6 teams, 36 kids playing.
Adult Sports — Co -Ed Volleyball is up and running. This is a new program for
us and we have 4 teams of 6 players. Stu is looking forward to building this
program in the future.
Youth Advisory Board — The Youth Advisory President, and Vice President
and Kate Schedler, Coordinator will attend a national youth leadership
conference Thursday — Sunday.
Boys & Girls Club — Salem Boys and Girls Club has hired Allison Weaver, our
new full time Woodburn Boys & Girls Club Director. Allison comes from one
of the Salem clubs and will be in charge of fundraising, marketing and
managing the Teen Center.
Mayor Tree Lighting — Stu is currently planning the Mayor's Tree Lighting
ceremony be held on Sunday, December 5, 2010. The tradition to start at
Settlemier House at 5:30pm to light the Settlemier House tree and sing carols
then parade to the Downtown Plaza to light the Downtown Plaza Christmas
Page 2 of 4
7
City of Woodburn
Recreation and Park Board Minutes WL
November 9, 2010 • 6:30 p.m. WIN
tree. Entertainment and refreshments will be provided along with a special
appearance from Santa.
Stu reported that the Downtown Treat or Treating was a great success with over
100 kids participating. He gave thanks to Robyn Stowers for helping getting
the downtown businesses involved.
Parks and Facilities — Jim Row
Introduction — Robyn Stowers
Jim introduced Robyn Stowers, Community Relations Officer hired late July.
Robyn gave a brief explanation of her goals: connect with downtown business
owners, provide a bi- lingual resource making city services more accessible to
non - English residents. She is coordinating a Main Street Program for
Woodburn and is also responsible for planning downtown events.
Centennial Park Dedication
The official grand opening of the Dog Park and Centennial Park Dedication
was held on Saturday, October 23 at 12:00pm. Jim showed a draft video clip,
produced by Evan Thomas that showed the various activities during the
dedication. The video clip, when finalized will be placed on the city web -site.
He shared that the park was full of activity that morning with soccer fields full
of kids, as it was the final game of youth soccer and the parking lot full with
cars also parking along the side Parr Rd.
8. FUTURE BOARD BUSINESS
January annual goal setting workshop
9. BOARD COMMENTS
Zandi Cox
Zandi asked when the vacant board positions would be filled. Jim stated that
he would check with the Mayor.
Zandi asked about how Measure 76 passing would help our department. Jim
explained the history behind the Measure 66 passed in 1998 was a temporary
funding source and how Measure 76 would insure a permanent funding source,
15% of Oregon Lottery Revenue for Parks and Wildlife. This funding stream
provides the majority of the Oregon State Parks budget, while also finding the
Local Government Grant Program. Just recently, this grant program provided
$710,000 toward the Mill Creek Greenway Phase I and Centennial Park
proj ects..
Bruce Thomas
Bruce would like to see a Wi -Fi system at Centennial Park.
Page 3 of 4
L1
City of Woodburn
Recreation and Park Board Minutes
November 9, 2010 6:30 p.m. WOODBURN
Bruce would like to see basketball courts in every city of Woodburn park.
Discussion took place on placing basketball courts in city parks and how
funding and suitable locations would be issues. The decision was made to talk
about this during the annual workshop.
Joseph Nicoletti
Joseph requested that an article be written in the Park and Recreation magazine
showcasing Centennial Park. Jim agreed to look into that, and also would like
to consider applying for an award through the Oregon Recreation and Parks
Association, which are given out annually at the conference in the fall.
10. ADJOURNMENT
Adj ournm ent was 7:30pm
Joseph Nicoletti, Board Secretary
Date
Paulette Zastoupil, Recording Secretary
Date
Page 4 of 4
9
WDBN
I
November 22, 2010
TO: Honorable Mayor and City Council
FROM: Scott Derickson, City Administrator
VIA: Terrie Stevens, Asst. City Administrator
SUBJECT: Woodburn Ambulance Service Inc. User Rate Adjustment
RECOMMENDATION
Conduct a public hearing and consider the proposal of Woodburn Ambulance
Service (WAS) to increase its User Rate. If the City Council approves the User
Rate increase, staff should be directed to prepare the necessary resolution for
adoption at the next meeting.
BACKGROUND
The Woodburn Ambulance Service holds a non - exclusive franchise with the City
of Woodburn to provide ambulance service and emergency care to the
Woodburn and Silverton -Mt. Angel areas. A large portion of earnings is received
from Medicare, Medicaid and insurance companies. The Company also sells
subscription ambulance service to families at a cost of $69 per year.
In April 2002, the Center for Medicare and Medicaid Services (CMS)
implemented, as mandated by the Balanced Budget Act of 1997, a national
ambulance reimbursement fee schedule that drastically changed the way
ambulance transportation was paid for nationwide. This fee schedule was
implemented in 20% increments over five years.
Once fully implemented, the rates established under the new fee schedule
would be 27% below the national average cost, based upon a 1999 Project
Hope study. The implementation of the new fee schedule was designed to
reimburse ambulance transportation more consistently across the country,
decrease the Medicare reimbursement expenses and place restrictions on the
way ambulance companies directly billed Medicare beneficiaries. With this
new reimbursement schedule, any balance that remained between the
amounts that Medicare reimbursed and what the ambulance company
Agenda Item Review: City Administrator _x City Attorney _x Finance _x-
10
Honorable Mayor and City Council
November 22, 2010
Page 2
charged could not be billed to the patient. The company would have to
accept only the defined reimbursement offered by Medicare, regardless of the
cost of providing those services or how much the company would typically bill
for that service.
Because these reimbursement changes were so dramatic, many ambulance
providers struggled financially during the first few years of implementation. The
American Ambulance Association, amongst others, lobbied Congress and in
2004 a regional increase in reimbursement was granted to assist those areas of
the country hardest hit.
The West Coast experienced the greatest benefit from this regional assistance,
with an approximate eight percent increase in reimbursement rates. In 2008, an
additional two percent in funding assistance was passed by Congress in an
ambulance relief provision package. Also included in CMS reimbursement has
been a two to five percent annual inflation factor.
Effective January 1, 2011, the regional increase, the two percent ambulance
relief increase, and the inflationary increase will be discontinued. These three
components of the ambulance reimbursement amount equal a 12 % decrease
in the payments from CMS for the West Coast.
According to Woodburn Ambulance Service, their payer mix is 60% Medicare,
12% Medicaid /Oregon Health Plan (OHP) members, 17% private insurance and
11% private pay (no third party payer). As with Medicare, OHP has mandated
reimbursement rates which are comparable to Medicare and these patients
cannot be billed for the outstanding balances.
The majority of WAS transports are provided to patients insured by Medicare,
Medicaid or OHP. Charge -offs for those accounts totaled $2.7 million in 2009
and created an operating loss of $1 1 1,913. This was an increase in operating
losses from 2008 of $96,759 (2008 operating losses $15,159).
DISCUSSION:
WAS feels that their only option to remain viable is to set charges at a level that
private insurance companies, who reimburse at 100% of billable rates, will make
up the difference. This a standard business approach across the health care
industry.
11
Honorable Mayor and City Council
November 22, 2010
Page 3
WAS reports that their volume actually decreased in 2009 and 2010 further
compounding the problem. Ambulance providers must be ready to supply
services rapidly and at all times, otherwise services may be of little value.
Maintaining this capacity is particularly difficult in rural areas because rural
providers are likelier to have a relatively low volume of ambulance trips in
relation to significant overhead costs. In addition, the population they serve is
dispersed, with longer transport distances, raising the direct costs of each
transport.
It has been 4 1/2 years since WAS has requested a rate increase. The City
Council approved a 21 % rate increase in 2003 and a 9% rate increase in March
2006.
The Woodburn Ambulance Service, Inc. is requesting a rate adjustment
effective December 1, 2010 pursuant to the table below.
Current WAS Rate Table
Mileage
City of
ALS
30%
$20.00
$20.00
$20.00
$20.00
$20.00
$20.00
Woodburn
1
$937.00
$18.25
BLS Base $1,000.00
ALS
0%
Unincorporated
1
$1,220.00
$20.00
City of
ALS
Woodburn
2
$937.00
$18.25
ALS
Unincorporated
2
$1,320.00
$20.00
City of
Woodburn
BLS
$937.00
$18.25
$20.00
Unincorporated
BLS
$1,000.00
Proposed Rate Table
%Increase
Mileage
ALS 1
Base $1,220.00
30%
$20.00
$20.00
$20.00
$20.00
$20.00
$20.00
0%
ALS 2
Base $1,320.00
40%
0%
BLS Base $1,000.00
6.70%
0%
ALS — Advanced Life Support
BLS — Basic Life Support
FINANCIAL IMPACT
The franchisee fee rate is currently 1 % of gross revenues due on a quarterly basis.
Franchise fees collected in 2009 -2010 totaled $11,484. If projections on gross
revenues are reasonable the rate increase would increase the quarterly
turnover to the City by approximately $1,500 per quarter but this depends
largely on the number of service calls - if service calls continue to decline the
franchise fee will remain unchanged.
12
WOODBURN AMBULANCE SERVICE, INC.
FINANCIAL STATEMENTS
r
Years Ended December 31, 2009 and 2008
CONTENTS
Page
•� Accountant's Report
1
Balance Sheets
2-3
Statements of Income
4
„.. Statements of Stockholders' Equity
5
Statements of Cash Flows
6
Notes to Financial Statements
7-9
Supplementary Information:
Payroll Expenses and Benefits
10
13
THEODORE R. AHRE
CERTIFIED PUBLIC ACCOUNTANT
NORTHWOOD OFFICE PARK 576 (PLATT CIRCLE WOODHURN, OREGON 97071 -9675
TELEPHONE (503) 982 -5201 FAX (503) 982 -0830
E -MAIL: TED@AHRECPA.COM
To the Stockholders
tl- Woodburn Ambulance Service, Inc.
Woodburn, Oregon
I have reviewed the accompanying balance sheets of Woodburn Ambulance Service, Inc. as
of December 31, 2009 and 2008 and the related statements of income, stockholders' equity
- and cash flows for the years then ended, in accordance with Statements on Standards for
Accounting and Review Services issued by the American Institute of Certified Public
Accountants. All information included in these financial statements is the representation of
the management of Woodburn Ambulance Service, Inc.
A review consists principally of inquiries of Company personnel and analytical procedures
applied to financial data. It is substantially less in scope than an audit in accordance with
generally accepted auditing standards, the objective of which is the expression of an opinion
regarding the financial statements taken as a whole. Accordingly, I do not express such an
opinion.
Based on my reviews, I am not aware of any material modifications that should be made to
the accompanying financial statements in order for them to be in conformity with generally
accepted accounting principles.
a- My reviews were made for the purpose of expressing limited assurance that there are no
material modifications that should be made to the financial statements in order for them to be
in conformity with generally accepted accounting principles. The information included in the
accompanying Schedule I is presented only for supplementary analysis purposes. Such
information has been subjected to the inquiry and analytical procdures applied in the review of
the basic financial statements, and I am not aware of any material modifications that should
be made thereto.
� Mz
June 9, 2010 / Theodore R. Ahre
Certified Public Accountant
14
WOODBURN AMBULANCE SERVICE, INC.
BALANCE SHEETS
'- December 31, 2009 and 2008
ASSETS
Current Assets
Cash on hand and in bank
Accounts receivable, net
Prepaid expense
.. Total current assets
Property and equipment, at cost
Land
Buildings
Operating equipment
Office equipment
Administrative equipment
Vehicles
Accumulated depreciation
Loan costs, net of accumulated amortization
2009 2008
$ 37,280 $
139,976
20,070
12,769
45,507 -
28,720
102,857
181,465
67,823
67,823
339,736
339,736
199,609
209,611
80,914
78,078
6,866
0
387,548
483,643
(627,559)
(688,061)
454,937
490,830
1,411
1,786
$ 559,205 $
674,081
See accompanying notes
2
15
r
WOODBURN AMBULANCE SERVICE, INC.
BALANCE SHEETS
December 31, 2009 and 2008
LIABILITIES AND STOCKHOLDERS' EQUITY
2009
2008
Current Liabilities
•.. Accounts Payable $
67,730 $
70,047
Due to pension plan
16,962
21,529
Property taxes payable
6,301
0
... Accrued interest
1,592
1,907
Payroll taxes payable
58,867
55,387
Accrued vested vacation payable
25,130
22,595
.. Deferred income
64,643
71,480
Current portion of long -term debt
96,773
100,156
Total current liabilities
337,998
343,101
Long -term debt, less current portion
789,093
841,904
Stockholders' Equity
Common stock, no par value, 450 shares authorized,
143 shares issued and outstanding
490
490
Retained earnings (deficit)
(568,376)
(511,414)
`
(567,886)
(510,924)
$
559,205 $
674,081
See accompanying notes
3
16
`
WOODBURN AMBULANCE SERVICE, INC.
STATEMENTS OF
INCOME
�-
Years Ended December 31,
2009 and 2008
2009
2008
Revenue $
5,960,840 $
6,065,246
Expenses
..
Payroll expenses and benefits
2,060,255
1,908,489
Subscription transport charge -offs
108,059
93,693
Government transport charge -offs
2,364,558
2,383,535
.,.
Other bad debts
558,033
729,421
Legal and professional fees
34,562
36,997
Insurance
51,652
49,423
Depreciation
84,187
77,709
Dispatch fees
139,104
135,750
Utilities and telephone
59,426
62,117
Office supplies and postage
20,699
23,614
Operating supplies
206,557
202,289
Licenses, fees and dues
38,528
28,045
Repairs and maintenance
45,662
27,760
`
Travel and entertainment
18,483
30,847
Contributions
9,451
5,860
Vehicle operating expense
153,655
179,571
Computer expense
29,336
15,533
Rent
38,600
26,925
Tra in in g
21,667
19,795
Meetings
9,167
4,561
Ambulance subscription
2,117
2,787
Prope rty taxes
10,896
11,255
..
Miscellaneous
8,099
24,429
6,072,753
6,080,405
Operating income (111,913)
(15,159)
Other income (expense)
Life insurance - corparate owned
(8,318)
(3,440)
i
Interest income
579
2,119
Miscellaneous income
9,794
1,051
Other expense
(525)
(477)
Interest expense
(58,194)
(68,997)
Bad debts recovered
125,894
144,845
Loss on disposal of assets
(6,779)
0
62,451
75,101
Net income (loss) $
(49,462) $
59,942
C " -]
See accompanying notes
4
•• 17
WOODBURN AMBULANCE SERVICE, INC.
STATEMENTS OF STOCKHOLDERS' EQUITY
Years Ended December 31, 2009 and 2008
See accompanying notes
5
18
2009
2008
COMMON STOCK
Balance, January 1
$ 490 $
490
Balance, December 31
$ 490 $
490
RETAINED EARNINGS
Balance, January 1
$ (511,414) $
(533,856)
Net income
(49,462)
59,942
Treasury stock adjustment
(7,500)
(7,500)
Distribution to stockholders
0
(30,000)
Balance, December 31
$ (568,376) $
(511,414)
See accompanying notes
5
18
dw
da
on
WOODBURN AMBULANCE SERVICE, INC.
STATEMENTS OF CASH FLOWS
Years Ended December 31, 2009 and 2008
Cash flows from operating activities
Net Income (loss)
Adjustments to reconcile net income
to net cash provided by operating activities:
Depreciation and amortization
Loss on disposal of assets
(Decrease) increase in allowance for doubtful accounts
Decrease (increase) in operating assets:
Accounts receivable
Other operating assets
Increase (decrease) in operating liabilities:
Accounts payable
Other operating liabilities
Deferred income
Total Adjustments
Net cash provided by (used in) operating activities
Cash flows from investing activities
Treasury stock purchase
Capital expenditures
Net cash provided by (used in) investing activities
Cash flows from financing activities
Notes payable repayments
Notes payable borrowings
Distributions to stockholders
Net cash provided by (used in) financing activities
Net increase (decrease) in cash
and cash equivalents
Cash and cash equivalents at beginning of period
Cash and cash equivalents at end of period
Supplemental disclosures of cash flow information
Cash includes cash in bank checking and savings accounts.
Interest paid
Income taxes paid
See accompanying notes
6
2009
2008
68,893
$ (49,462)
$ 59,942
84,562
77,926
6,779
0
(51,387)
44,855
44,086
(43,363)
(16,787)
1,990
(2,317)
10,206
7,434
1,293
(6,837)
17,630
65,533
110,537
16,071
170,479
(7,500) (7,500)
(55,073) (91,964)
(62,573) (99,464)
(99,665) (104,101)
43,471 104,755
0 (30,000)
(56,194) (29,346)
(102,696) 41,669
139,976 98,307
$ 37,280 $ 139,976
$ 58,509
$
68,893
$ 10
$
10
19
WOODBURN AMBULANCE SERVICE, INC.
NOTES TO FINANCIAL STATEMENTS
Years Ended December 31, 2009 and 2008
Summary of significant accounting policies
Nature of business
The Company provides ambulance services to the Woodburn and Silverton -Mt. Angel areas
which includes a substantial senior citizen community. A large portion of earnings is
received from Medicare, Medicaid and insurance companies. The Company also sells
subscription ambulance service to families in the area at a cost of $64 per plan year from
October 1 to September 30. The Company recognizes as income 1/4 of each subscription
each quarter; the unrecognized portion is reported as deferred income on the balance
sheet.
Use of estimates
The preparation of financial statements in conformity with generally accepted accounting
principals requires management to make estimates and assumptions that affect the
reported amounts of assets and liabilities and disclosure of contingent assets and liabilities
at the date of the financial statements and the reported amounts of revenue and expenses
- during the reported period. Actual results could differ from those estimates.
Accounts receivable
Accounts receivable as shown on the balance sheet are net of allowance for uncollectible
accounts of $200,000 and $251,387 at December 31, 2009 and 2008, respectively.
�.. Uncollectible account balances are likely to arise when services are provided to individuals
who are insured through the Medicare and Medicaid programs. Subscription charge -offs
are generated when participants in the subscription ambulance service plan receive such
,ow services and, as subscribers, are not obligated to pay the actual transport price.
Depreciation
`" Depreciation is computed using the straight -line method for financial reporting purposes.
The Company computes depreciation over the following estimated service lives:
Vehicles 5 years
Operating equipment 3 - 10 years
•. Office equipment 3 - 7 years
Buildings 31.5 - 39 years
Expenditures for maintenance, repairs and minor improvements are charged to expense as
incurred. When property is sold or retired, the cost and accumulated depreciation are
removed from the accounts and the resulting gain or loss is recorded.
Intangible assets
The cost of loan origination fees is amortized on a straight -line basis over the terms of the
loans.
20
r
21
2. Long -term debt
Long -term debt at June 30 consists of the following:
2009 2008
a) Note payable to Wells Fargo Bank, secured by first trust
deed on real property located at 1040 N. Boones Ferry
Road, Woodburn, and all other assets related to this
property. The note has a variable rate of 3.36% above
the Wells Fargo Bank index and is payable monthly.
$ 90,012 $ 109,875
b) Note payable to Randy C. Garner and Pauline A. Garner
for the purchase of their 117 shares of no par value
voting common stock. Through July, 2006, the note was
payable in bi- monthly installments of $6,800, including
interest at 9.5 %. The terms were renegotiated effective
August 1, 2006, with bi- monthly installments of $2,825,
including interest at 6.7 %.
624,207 648,988
c) Demand note payable to West Coast Bank, unsecured,
payable in 48 payments of $3,246 per month including
e) Note payable to National City Health Care Finance, for
equipment purchase, payable in 60 payments of $1,933
per month including interest at 12.07 %.
33,283 51,268
f) Note payable to West Coast Bank, unsecured, payable
in 36 payments of $2,148, including interest at 8.5 %.
0 20,160
g) Note payable to Randy C. Garner and Pauline A. Garner,
�-
no interest, due when the balance in item "(b)" above
is paid in full.
30,000 22,500
..
h) Note payable to West Coast Bank, unsecured, payable
in 60 payments of $1,712 per month including
interest at 5.25 %.
65,429 82,014
i) Note payable to City of Woodburn for sidewalk
improvement, payable in 10 payments of $725.53 per year
plus interest at 2.937 %.
5,804 7,255
j) Note payable to Stryker Finance, 48 payments of $907 per month,
no interest
37,131 0
885,866 942,060
Current portion
(96,773) (100,156)
$ 789,0,
8
$ 841.904
21
MW
Principal payments on long -term debt for the next five years
ending December 31, are as follows:
2010 $ 96,773
2011 93,350
2012 84,324
2013 71,844
2014 35,430
Thereafter 504,145
S 885.866
3. Defined contribution pension plan
The Company sponsors a 401(k) pension plan. Payroll deductions are matched 50
percent by the Company to the extent they do not exceed 10 percent of each
participant's salary. For the years ended December 31, expense totaled $43,721, in
2009, and $47,150, in 2008.
4. Income taxes
The shareholders received approval to file, for federal and state income tax purposes,
as an S- corporation. Consequently, the income of the Company is passed through to
the shareholders and included on their individual income tax returns. The corporation
has no income tax liability except a minimum of $10 required by Oregon. The S-
corporation status is in effect until revoked by the shareholders.
5. Treasury stock adjustment
In 2006, the terms of a note payable to former stockholders for purchase of their
shares in the company were renegotiated. In exchange for smaller payments and a
lower interest rate, a demand note payable for $7,500, without interest, is added each
year from 2006 through 2023. These additional amounts are treated as adjustments
to the original purchase price of the shares purchased, and are charged to retained
earnings.
22
r
SUPPLEMENTARY INFORMATION
--
..
F ...
+"
23
WOODBURN AMBULANCE SERVICE, INC.
SCHEDULE I: PAYROLL EXPENSES AND BENEFITS
- Years Ended December 31, 2009 and 2008
2009 2008
., Payroll, taxes and workers' compensation insurance
Employee health expense and life insurance
Pension plan contribution
Vested vacation pay
am
r
See Accountant's Report
10
$ 1,926,380 $ 1,797,296
87,619 73,799
43,721 47,150
2,535 (9,757)
2 , 0 60,25. r )_ 1,908489
24
W UU UB �UJI N
November 22, 2010
TO: Honorable Mayor and City Council through City Administrator
FROM: Jim Hendryx, Director of Economic & Development Services
SUBJECT: LA 2010 -01, Revision of the Sign Regulations
RECOMMENDATION
Adopt the attached ordinance amending the Woodburn Development
Ordinance to add new sign regulations, or
Direct staff to draft sign amortization language with findings and Ballot Measure
56 notice consistent with Memorandum Opinion 2010 -03.
BACKGROUND
On November 8, 2010 the City Council held a public hearing on the proposed
revisions to the sign regulations. The Council approved the revisions, requested
additional size allowance for fuel price signs, and asked the City Attorney's
Office for a legal opinion on the amortization of nonconforming signs
(attached).
DISCUSSION:
An ordinance was drafted to include the sign regulations recommended by Sign
Focus Group and Planning Commission. Pursuant to the City Council's direction,
the regulations were revised to allow additional size allowance for fuel price
signs when four or more fuel products are sold. Certain signs that are exempt
from permit requirements have also been included in the tables of allowed signs
to clarify those signage allowances. Also, a provision in the prohibited sign
subsection has been incorporated into the general requirements.
The ordinance was placed on the agenda for consideration, but it is clearly the
City Council's prerogative as to whether to adopt it or direct staff to add sign
amortization language to the ordinance consistent with Memorandum Opinion
2010 -03.
Agenda Item Review: City Administrator _x City Attorney _x_ Finance —x-
25
Honorable Mayor and City Council
November 22, 2010
Page 2
FINANCIAL IMPACT
This decision is anticipated to have no public sector financial impact.
ATTACHMENTS
Ordinance 2473
Memorandum Opinion 2010 -03
26
MEMORANDUM OPINION N0. 2010-03
TO: Honorable Mayor and City Council
FROM: N. Robert Shields, City Attorney
Jon Stuart, Assistant City Attorney
DATE: November 22, 2010
RE: Amortization of Non - Conforming Signs
Background
The City is at the conclusion of a process involving the revision of its sign regulations.
The Sign Focus Group, Planning Commission and now the City Council have considered
this city -wide legislative revision. The required notice was sent to the Department of
Land Conservation and Development (see attached Exhibit "A "). Also, a Ballot Measure
56 notice was mailed to all Woodburn residents (see attached Exhibit "B ").
On November 8, 2010, the City Council held a public hearing regarding revision of the
sign provisions contained in the Woodburn Development Ordinance and considered draft
ordinance provisions recommended by the Sign Focus Group and Planning Commission.
During City Council discussion, a question arose about the use of mandatory time frames
requiring non - conforming signs to become conforming or be removed (known as "sign
amortization "). Our office was asked to review the legality of amortization and the
impact of federal and state law on a sign amortization program.
Additionally, after a discussion with the Director of Economic and Development
Services, we are answering a question about whether the addition of new language to the
proposed sign regulations requiring the amortization of non - conforming signs will require
a new Ballot Measure 56 notice.
Question 1
May the City legally require all non - conforming signs to become conforming or be
removed after a specific date or a reasonable time period?
Answer
Yes.
27
Memorandum Opinion No. 2010 -03
November 22, 2010
Page 2
Discussion
A sign ordinance cannot effect an immediate non - compensated impairment of an owner's
vested rights in an existing non - conforming sign, but must allow for a reasonable
amortization. Also, the amortization of signs without any justification would be invalid
as a taking without just compensation. For these reasons, if the City Council wants to
add an amortization provision to the new sign regulations, it should direct staff to:
(1) develop a reasonable sign amortization schedule, and (2) draft findings setting forth
the government's interest in removing nonconforming signs and to justify the
amortization schedule.
Question 2
Can state and federal law limit the application of a sign amortization program along a
state or federal highway?
Answer
Yes.
Discussion
In 1971, Oregon implemented the federal Highway Beautification Act by passing the
Oregon Motorist Information Act. This Act permits "outdoor advertising signs" (i.e.,
billboards) to remain along highways and requires that the State of Oregon pay "just
compensation" if such a sign is ordered removed. If the City tried to apply an
amortization program to an existing nonconforming sign that is subject to this Act, this
would raise legal issues and could likely be litigated. What should be emphasized though
is that this potential issue relates to the application of an amortization program, not the
City's legal authority to adopt sign amortization regulations.
Question 3
If the City Council decides to add new language to the proposed sign regulations
requiring the amortization of non - conforming signs, will a new Ballot Measure 56 notice
be required?
Answer
Yes.
Discussion
Ballot Measure 56 was passed by the Oregon voters in 1998 by initiative petition. It
requires individualized mailed notice when property is "rezoned" according to its
28
Memorandum Opinion No. 2010 -03
November 22, 2010
Page 3
specialized definition. In Murray v. Multnomah County, 56 Or LUBA 370 (2007), the
Land Use Board of Appeals (LUBA) stated that "whether an ordinance "rezones"
property within the meaning of Ballot Measure 56 depends on whether the ordinance, on
its face, restricts the range or extent of permissible uses of the property, compared to
existing law."
Under LUBA's interpretation, it appears that an amortization program will require a new
Ballot Measure 56 notice. This is because the ordinance considered by the Focus Group,
Planning Commission and City Council did not contain any sign amortization provisions
(i.e., all previously approved signs that would not be permitted under the new ordinance
were deemed non - conforming and would be allowed until they were destroyed or taken
down.) The Director of Economic and Development Services advises that Ballot
Measure 56 notice was sent to all city residents after the Planning Commission made the
determination that no sign amortization provisions would be included in the ordinance.
This Measure 56 notice did not provide any notice to nonconforming sign owners that
after a set amortization period their signs would no longer be allowed.
Conclusion
This Memorandum Opinion concludes that:
(1) The City has the legal authority to require non - conforming signs to become
conforming or be removed after a specific date or a reasonable time period;
(2) State and federal law can limit the application of a sign amortization program along a
state or federal highway; and
(3) If the City Council decides to add new language to the proposed sign regulations
requiring the amortization of non - conforming signs, the City Council has the legal
authority to do this, but it will require a new Ballot Measure 56 notice.
29
'F 0
1 DLCD Notice of
Proposed Amendment
THIS FORM MUST BE RECEIVED BY DLCD AT LEAST
45 DAYS PRIOR TO THE FIRST EVIDENTIARY HEARING
PER ORS 197.610, OAR CHAPTER 660, DIVISION 18
EXHIBIT A
Page —L of
Jurisdiction: City of Woodburn Date of First Evidentiary Hearing : May 13, 2010
Local File Number: LA 2010 -01 Date of Final Hearing: June 28, 2010
Is this a REVISION to a previously submitted proposal? ❑Yes ®No Date submitted: March 25, 2010
❑ Comprehensive Plan Text Amendment ❑ Comprehensive Plan Map Amendment
®
Land Use Regulation Amendment
❑
Zoning Map Amendment
❑
New Land Use Regulation
❑
Urban Growth Boundary Amendment
❑
Transportation System Plan Amendment
❑
Other:
Briefly Summarize Proposal. Do not use technical terms. Do not write "See Attached "(limit 500 characters):
The City Council initiated a complete review of Woodburn's sign regulations, which are
contained in Section 3.110 of the Woodburn Development Ordinance. The proposed
amendments:
• Simplify text language
• Relax standards
• Format standards into tables
• Simplify administrative review processes
• Establish brightness and hold -time restrictions for changeable -image signs
• Relax the regulations on nonconforming signs
Has sufficient information been included to advise DLCD of the effect of proposal? ®Yes, text is included
For Map Changes: Include 8'/z "x11" maps of Current and Proposed designation. ❑ Yes, Maps included
Plan map changed from: To:
Zone map changed from: To:
Location of property (do not use Tax Lot):
Previous density: New density: Acres involved:
Applicable statewide planning goals:
1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19
❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
Is an exception to a statewide planning goal proposed? ❑ YES ® NO Goals:
Affected state or federal agencies, local governments or special districts (It is jurisdiction's responsibility to notify these
agencies. DLCD only records this information):
Local Contact: James N.P. Hendryx, Director
Address: 270 Montgomery Street
Fax Number: 503 - 982 -5244
Phone: 503 - 980 -2445 Extension:
City: Woodburn Zip: 97071
E -mail Address: jim.hendryx @ci.woodburn.or.us
DLCD file No.
exHia 3
Page ! of -- _K-� -.,�,
This is to notify you that the City of Woodburn has proposed a
land use regulation that may affect the permissible uses of your
property and other properties.
NOTICE OF PUBLIC HEARING -- NOTICIA DE AUDIENCIA PUBLICA
Para recibir informaci6n en espahol, flame la Division de Planificaci6n al 503- 982 -5246. Si
necesita un traductor, comuniquese con la Division de Planificaci6n por to menos 3 dias
antes de la audiencia.
On September 23, 2010 at 7:00 PM, the Woodburn Planning Commission will hold a public
hearing regarding proposed revisions to the sign regulations in Section 3.110 of the Woodburn
Development Ordinance (Legislative Amendment number 2010 -01). The hearing will be held in
the Council chambers at City Hall, 270 Montgomery Street, Woodburn, Oregon. The City has
determined that adoption of this Legislative Amendment may affect the permissible uses of your
property, and other properties in the affected zone, and may change the value of your property.
Legislative Amendment 2010 -01 is available at www.woodburn- or.us, is available for inspection
at the Woodburn City Hall located at 270 Montgomery Street, and is available for purchase at the
cost of copying.
For additional information concerning Legislative Amendment 2010 -01, you may call the
Woodburn Department of Economic and Development Services at (513) 982 -5246.
This notice is provided to comply with Ballot Measure 56, ORS 227.186.
31
s City of Woodburn PURCHASE ORDE1
H City of Woodburn
I AcCOLJI1tS Payable
Planning Department EXHIBIT
270 Montgomery St 270 Montgomery St. Page 2 of 3
T Woodburn OR 97071 Woodburn, DATE 9
OR 97071 -/-02/10
0
(503) 9825219
VENDOR NO. No.
11 0000882-001
21044
PURCHASE ORDER NUMBER MUST APPEAR ON
ALL INVOICES, SHIPPERS, BILL OF LADING AND
CORRESPONDENCE
V
E VALLEY MAILING SERVICE INC
N
D
0 2775 COMMERCIAL ST NE
R SALEM OR 97303
Wal
1.00 .00 EA:MEASURE 56 NOTICES MAILED TO WDBN PUBLI 1872.02 1872.0
•• 1.511.5811.5422 $1872.02
..................
VICKIMU
RECT INQUIRIES TO
SHIPMENTS MAY BE REFUSED IF THE
PURCHASE ORDER NO, IS NOT SHOWN
ON SHIPPERS AND BILL OF LADING
EXEMPT FROM STATE, LOCAL, AND FEDERAL
TAXES.
............ - ..........
1872.02
3. S/ MUTMORIZED SIGNATURE' -
STITUTIONS WILL NOT BE ACCEPTED
ITHO U T PRIOR APPROVAL.
4. PARTIAL SHIPMENT WILL BE ACCEPTED IF
INVOICED SEPARATELY.
32
5. C.O.D. OR COLLECT SHIPMENTS WILL NOT BE
ACCEPTED.
6. RECEIVING HOURS ARE 9:00 A.M. TO 4:00 P.M.
MONDAY - FRIDAY
TM - r- AD M A
Sent By: Valley Mailing Service; 503 370 8468;
Valley Mailing Service
2775 Cotilmercial St N,P-
VALLEY Salem oregoa 97301
MAILING
RVICI; (503) 364-8826
Slut&
City of Woodburn
270 Montgomery Str
Woodburn, Or egon 97071
Attn: Vicki M.
JTEM
Sep-2-10 2:41PM;
Page 1/1
EXHIBrr 4 3
Page 3 of 3
' L 01
PATE rvol
30
�DhSQRIPT1.0
AMOUNT
Print charge
Machine fold labor
Ink Jet Addresses
Tabbing cliarge
Postage
Mailed 5,877 pieces
We appreciate your. business,
178.68
41.14
176.31
88,16
1,387,73
Total
$1,872.02
$0.00
-.d
Balance Due $ T872,02
33
F �Hearm�i
Due on reept
�DhSQRIPT1.0
AMOUNT
Print charge
Machine fold labor
Ink Jet Addresses
Tabbing cliarge
Postage
Mailed 5,877 pieces
We appreciate your. business,
178.68
41.14
176.31
88,16
1,387,73
Total
$1,872.02
$0.00
-.d
Balance Due $ T872,02
33
COUNCIL BILL NO. 2847
ORDINANCE NO. 2473
AN ORDINANCE AMENDING ORDINANCE 2313, THE WOODBURN DEVELOPMENT
ORDINANCE, TO ADD NEW SIGN REGULATION PROVISIONS.
WHEREAS, in 2009, the Mayor appointed and the City Council approved a
Sign Focus Group to review the sign regulations contained in the Woodburn
Development Ordinance ( "WDO ") and recommend improvements; and
WHEREAS, the Sign Focus Group presented its recommendations to the
Planning Commission in a series of workshops; and
WHEREAS, the Planning Commission on September 23, 2010 and October 14,
2010 held public hearings on the proposed new sign regulations; and
WHEREAS, the Planning Commission forwarded a proposed ordinance to the
Council with a recommendation of approval; and
WHEREAS, the City Council on November 8, 2010 held a public hearing on
the proposed ordinance; and
WHEREAS, the City Council has considered the public testimony, the staff
report, the need for the proposed ordinance and the public interest therein;
NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
SECTION 1. Section 1.102 of Ordinance 2313, the Woodburn Development
Ordinance, is amended to add the following definitions:
Eave The overhanging lower edge of a roof.
Property Owner or Lessee An individual, corporation, partnership, or other
legal entity shown on county records as the owner or contract purchaser of
the property, or is named as the lessee in a lease agreement regarding the
property
PAGE 1 - COUNCIL BILL NO. 2847
ORDINANCE NO. 2473
SECTION 2. Table 4.1 of Ordinance 2313, the Woodburn Development
Ordinance, is amended to read as follows:
TABLE 4.1 SUMMARY OF DECISIONS BY TYPE
Section Decision
1
II
III
IV
V
Appeal
■
■
n n r.,- h 22 2994
3.1 10.05 Q q Sign Permit [Added by Ord.2359, §16, passed March 22,
2004]
3.1 10.3 09 Temporary Sign Permit [Added by Ord.2359, § 16, passed
March 22, 2004]
■
SECTION 3. Section 5.101 of Ordinance 2313, the Woodburn Development
Ordinance, is amended to add the following new section:
5.101.13 Siqn Permit / Temporary Sign Permit
A. Purpose: The purpose of this review is to insure that signs comply with
standards found within the Sign Standards (Section 3.11).
B. Criteria: Applications shall be reviewed for compliance with the sign
standards of this ordinance.
C. Procedure: The Director shall review proposal signs for compliance to City
regulations.
SECTION 4. Section 3.110, Signs, of Ordinance 2313, the Woodburn
Development Ordinance, is amended as provided in Exhibit "A ", which is
attached hereto.
SECTION 5. This Ordinance is justified and explained by the Legislative
Findings which are attached hereto as Exhibit "B" and incorporated herein by
this reference.
SECTION 6. The sections and subsections of this Ordinance are severable.
The invalidity of any section or subsection shall not affect the validity of the
remaining sections and subsections.
Approved as to form:
PAGE 2 - COUNCIL BILL NO. 2847
ORDINANCE NO. 2473
City Attorney Date
35
Approved:
Kathryn Figley, Mayor
Passed by Council
Submitted to the Mayor
Approved by the Mayor
Filed in the office of the Recorder
Attest:
Christina Shearer, City Recorder
City of Woodburn, Oregon
PAGE 3 - COUNCIL BILL NO. 2847
ORDINANCE NO. 2473
0
EXHIBIT
Page 1 of Z Z
3.110 Signs
3.110.01
Purpose
3.110.02
Applicability
3.110.03
Computation of Sign Area
3.110.04
Definitions
3.110.05
Sign Permit Required
3.110.06
General Requirements
3.110.07
Signs Exempt From Permit Requirements
3.110.08
Prohibited Signs
3.110.09
Temporary Signs
3.110.10
Permanent Sign Allowances
3.110.11
Nonconforming Signs
3.110.12
Electronic Changing Image Signs
3.110.01 Purpose
A. To the maximum extent permitted by the U.S. and Oregon Constitutions, the purpose of
these regulations is to preserve and improve the appearance of the City and to eliminate
hazards to pedestrians and motorists brought about by distracting sign displays. The
regulations for signs have the following specific objectives:
1. To ensure that signs are designed, constructed, installed and maintained according to
minimum standards to safeguard life, health, property and public welfare;
2. To allow and promote positive conditions for sign communication while at the same
time avoiding nuisances to nearby properties;
3. To reflect and support the desired character and development patterns of the various
zones and overlay zones and promote an attractive environment;
4. To allow for adequate and effective signs in commercial and industrial zones while
preventing signs from dominating the appearance of the area;
5. To improve pedestrian and traffic safety; and
6. To ensure that the constitutionally guaranteed right of free speech is protected.
B. The regulations allow for a variety of sign types and sizes for a site. The provisions do not
ensure or provide for every property or business owner's desired level of visibility for the
signs. The sign standards are intended to allow signs to have adequate visibility from streets
and rights -of -way that abut a site, but not necessarily to streets and rights -of -way farther
away.
3.110.02 Applicability
These regulations apply to signs located within the City. The application of these regulations in
no way limits the power of the City to enact other ordinances related to signs.
CADocuments and Settings \bobsh \Local Settings \Temporary Internet Files \Content.Outlook\AK9WWRRZ \City
Council Public Hearing Sign Revisions - revised 11- 17- 10.docx Pagel of 22
37
EXHIBIT /4
Page _�__ of 2,�_
3.110.03 Computation of Sian Area
A. The area of freestanding signs and wall signs with one or more cabinets is the area of the
display surface.
B. The area of wall signs composed of individual elements, including, but not limited to,
channel letters or painted letters or images, is the area of three rectangles around and
enclosing the entire message or image.
C. Sign area shall include only one side of a two -sided sign, regardless of the presence of sign
copy on both sides. Where a sign is of a three dimensional, round or irregular solid shape,
the largest cross - section shall be used in a horizontal projection for the purpose of
determining sign area.
D. Sign area shall not include embellishments such as pole covers, decorative roofing,
foundation or supports, provided there are no words, symbols or logos on such
embellishments.
Figure 3.110.03A: Three rectangles enclose the message or image
� w
Figure 3.110.03B: Three rectangles enclose the message or image
CADocuments and Settings \bobsh \Local Settings \Temporary Internet Files \Content.Outlook\AK9VVVIRRZ \City
Council Public Hearing Sign Revisions - revised 11- 17- 10.3o Page 2 of 22
EXHIBIT
Page — I — of Z Z
3.110.04 Definitions
Words used in the WDO have their normal dictionary meaning unless they are specifically
defined by the WDO.
Awning: A shelter projecting from, and supported by, the exterior wall of a building on a
supporting framework. The awning may be constructed of rigid or non -rigid materials.
Bench: A seat located upon or adjacent to public property for the use of a combination of
passersby or persons awaiting transportation.
Building Code: The most current edition of the Oregon State Structural Specialty Code.
Canopy: A permanent unenclosed roof structure for the purpose of providing shelter to
patrons in automobiles.
Complex: Any group of two or more buildings, or individual businesses within a single
building, provided at least two of the businesses have separate exterior entrances, on a site
that is planned and developed to function as a unit and which has common on -site parking,
circulation and access. A complex may consist of multiple lots or parcels that may or may not
be under common ownership.
Display Surface: The area made available by the sign for the purpose of displaying a message
or image. The display surface includes the area of the message or image and the background.
FaVade: The exterior face or wall of a building.
Fluorescent (color): Strikingly bright, vivid, or glowing.
Glare: Illumination of a sign that either directly, or indirectly from reflection, causes
illumination on other properties or right -of -way in excess of a measurement of 0.5 foot
candles of light measured at the property line.
Height: Height is measured from the lowest point of the grade below the sign (excluding
artificial berm) to the topmost point of the sign.
Marquee: A permanent roofed structure attached to and supported by a building, and
projecting out from a building wall, or over public access, but not including a canopy or
awning.
Premises: The land and buildings contained within the boundaries of a single -tenant site or
complex.
Sign: Materials placed or constructed, or light projected, that (1) conveys a message or image
and (2) is used to inform or attract the attention of the public. Some examples of signs are
materials or lights meeting this definition are commonly referred to as signs, placards, A-
frame signs, posters, billboards, murals, diagrams, banners, flags, or projected slides, images
or holograms. The scope of the term "sign" does not depend on the content of the message or
image conveyed. Specific definitions for signs regulated in Section 3.110 include the
following:
A -Frame Sign: A double -faced temporary sign constructed with an A- shaped frame,
composed of two sign boards attached at the top and separate at the bottom, not
permanently attached to the ground, but secured to the ground or sufficiently weighted to
prevent the sign from being blown from its location or easily moved.
CADocuments and Settings \bobsh \Local Settings \Temporary Internet Files \Content.Outlook\AK9WWRRZ \City
Council Public Hearing Sign Revisions - revised 11- 17- 10.3o�cx Page 3 of 22
EXHism
Page --q of
Awning Sign: A sign attached to or incorporated into an awning.
Balloon: An inflatable device less than 36 inches in greatest dimension and anchored by
some means to a structure or the ground.
Banner Sign: A sign made of fabric or other non -rigid material with no enclosing
framework.
Bench Sign: A sign on an outdoor bench.
Blimp: An inflatable device 36 inches or greater in greatest dimension and anchored by
some means to a structure or the ground.
Changing Image Sign: A sign designed to accommodate routine changes of copy, images,
or patterns of lights. Such signs include, but are not limited, to electronic signs
incorporating LED, LCD, plasma, or projected light displays, and mechanical or manual
changeable copy signs.
Drive - Through Sign: A sign located adjacent to the driveway leading to a drive - through
window and not legible from the public right -of -way. Such signs typically display menus
or other information to drive - through customers.
Externally Illuminated Sign: A sign where the light source is separate from the sign and
is directed so as to shine on the exterior of the sign.
Flag: A sign made of fabric or other similar non -rigid material supported or anchored
along only one edge or supported or anchored at only two corners.
Flashing Sign: A sign incorporating intermittent electrical impulses to a source of
illumination or revolving in a manner which creates the illusion of flashing, or which
changes colors or intensity of illumination more frequently than specified in Section
3.110.12.A.
Freestanding Sign: A sign wholly supported by a sign structure in the ground.
Freestanding signs include, but are not limited to, monument signs, pole signs, A -frame
signs, and lawn signs.
Illuminated Sign: A sign that incorporates light- emitting elements on or within the sign,
or that is lit by external light sources directed at the sign.
Internally Illuminated Sign: A sign where the light source is contained within the sign
and is directed so as to shine on the interior of the sign.
Lawn Sign: A temporary freestanding sign made of weather - resistant lightweight
materials, that is supported by a frame, pole, or other support structure placed directly in
the ground without foundation or other anchor.
Monument Sign: A freestanding sign that is placed on a solid base that extends a
minimum of one foot above the ground and extends at least 75 percent of the length and
width of the sign. The aboveground portion of the base is considered part of the total
allowable height of a monument sign. A monument sign less than 8 feet high need not
have a solid base.
Moving Sign: A sign, EXCEPT a flag, balloon, or pennant, in which the display surface
changes orientation or position. Moving signs include, but are not limited to, rotating
CADocuments and Settings \bobsh\Local Settings \Temporary Internet Files \Content.Outlook\AK9WWRRZ \City
Council Public Hearing Sign Revisions - revised 11- 17- 10.ddo Page 4 of 22
EXHIBrr A
Page 5 _ of
signs, pinwheels, wind socks, and blimps.
Nonconforming Sign: A sign lawfully established prior to the adoption of current
standards or a sign lawfully established on property annexed to the City, which does not
conform to the current sign standards.
Pennant: A lightweight plastic, fabric, or other material, whether or not containing a
message of any kind, suspended from a rope, wire, or string, usually in series, designed to
move in the wind.
Permanent Sign: Any sign other than a temporary sign.
Pole Sign: A freestanding sign which exceeds eight feet in height.
Portable Sign: A sign that is not affixed to a structure or the ground in a permanent
manner and that may be moved easily from place to place.
Projecting Sign: A sign, other than a wall sign, that projects from, and is supported by, a
roof or wall of a building or structure and is generally at right angles to the building.
Roof sign: Any sign erected upon, or extending above or over, the eave or roof of any
building or structure. A sign erected upon a roof which does not vary more than 20 degrees
from vertical shall be regulated as a wall sign.
Subdivision Sign: A sign located on land in a recorded subdivision containing four lots or
more.
Suspended Sign: A sign suspended from the underside of a canopy, awning, arcade,
marquee, or other roofed open structure and oriented to pedestrian traffic.
Temporary Sign: A sign that is not permanently affixed or attached to a building,
structure, or the ground. Temporary signs include, but are not limited to A- frames,
banners, flags, pennants, balloons, blimps, streamers, lawn signs, and portable signs.
Unsafe sign: A sign constituting a hazard to safety or public welfare by reason of
inadequate maintenance, dilapidation, obsolescence, disaster, damage, abandonment or
inability to meet lateral and/or vertical loads as determined by the City of Woodburn
CADocuments and Settings \bobsh\Local Settings \Temporary Internet Files \Content.Outlook\AK9WWRRZ \City
Council Public Hearing Sign Revisions - revised 11- 17- 10.d Page 5 of 22
Figure 3.110.04A: Illustration of roof and wall signs
EXHIBIT A
Page _a_ of _ _
Building Official.
Wall Sign: Any sign attached to or erected against the wall of a building or structure, or
attached to or erected against a roof which does not vary more than 20 degrees from
vertical, with the exposed face of the sign in a plane parallel to the plane of the wall or
roof, and which does not project more than 18 inches from the wall or roof.
Window Sign: A sign that is placed inside a building (such as placement on a windowsill),
within six inches of a window or attached to the inside of a window.
Sign Maintenance: Normal care needed to keep a sign functional such as painting, cleaning,
oiling, and changing light bulbs. Does not include an alteration to the sign.
Sign Repair: Fixing or replacement of broken or worn parts. Replacement includes
comparable materials only. Repairs may be made with the sign in position or with the sign
removed.
Sign Structure: The structure, supports, uprights, braces, framework and display surfaces of
a sign.
Single- tenant Site: A development that is not a complex.
Structural Alteration: Modification of a sign or sign structure that affects size, shape, height,
or sign location; changes in structural materials; or replacement of electrical components with
other than comparable materials. The replacement of wood parts with metal parts, the
replacement of incandescent bulbs with light emitting diodes (LED), or the addition of
electronic elements to a non - electrified sign are examples of structural alterations. Structural
alteration does not include ordinary maintenance or repair, repainting an existing sign surface,
including changes of message or image, exchanging painted and pasted or glued materials on
painted wall signs, or exchanging display panels of a sign through release and closing of clips
or other brackets.
3.110.05 Sign Permit Required
A. A sign permit is required to erect, replace, construct, relocate, or alter a sign, unless such
sign is exempt under Section 3.110.07. To initiate consideration of a sign permit, a
complete City application, accompanying information, and a filing fee must be submitted to
the Director. The Director shall issue a sign permit if the applicant demonstrates compliance
with all provisions of Section 3.110.
B. Sign maintenance, sign repair and changing of a sign display surface is allowed without
obtaining a sign permit so long as structural alterations are not made and the sign display
surface is not altered in shape or size.
C. If a building permit is required to erect the sign, the sign permit approval shall expire at the
same time the building permit expires. If a building permit is not required to erect the sign,
the sign permit approval shall expire 180 days from the date of approval unless substantial
construction of the sign has occurred.
C:\Documents and Settings \bobsh \Local Settings \Temporary Internet Files \Content.Outlook\AK9WWRRZ \City
Council Public Hearing Sign Revisions - revised 11- 17- 10.docx Page 6 of 22
42
EXHIBIT
Page _ of Z.
3.110.06 General Requirements
A. Location: No portion of a freestanding sign shall be located less than five feet from any
boundary property line or in the special setback area established by Section 3.103.05.
B. Sign Maintenance: Signs and sign structures together with their supports, braces, guys,
anchors and electrical components must be maintained in a proper state of repair. The
Director may order the removal of any sign or sign structure that is not maintained. Signs
and sign structures that are dangerous must be taken down and removed or made safe, as the
Director deems necessary.
C. Signs shall be constructed of weather - resistant material. Paper products such as construction
paper, poster board, and cardboard are not considered weather - resistant materials and are not
allowed.
D. Each sign should be designed to be consistent with the architectural style of the main
building or buildings on the site. Signs should be designed to incorporate at least one of the
predominately visual elements of the building, such as type of construction materials or
color. The use of fluorescent colors or highly reflective materials should be discouraged.
E. Supporting elements of pole signs shall be covered consistent with subsection (D) above.
The total width of pole covers shall be at least 30 percent of the sign display width.
F. Freestanding signs shall appear to be a single unit and shall not have separate or detached
cabinets or display surfaces that are not architecturally integrated into the primary display
surface.
3.110.07 Sip-ns Exempt From Permit Requirements
The following are exempt from application and permit requirements of this Section, but are
subject to other applicable portions of this Section and the City Code and may require building
and electrical permits:
A. Signs that are inside a building, except window signs, or signs that do not have a primary
purpose of being legible from a public street or another property. Such signs include, but
are not limited to, scoreboard signs, signs on the inside of ball field fences, signs within a
stadium, and signs located within the site of a special event such as a festival or carnival.
B. Signs required by federal, state, or city law on private property, except signs regulated by
ORS 646.930 (Motor vehicle fuel prices; requirements for display) if the sign is no more
than six square feet in area. Such signs include building addresses, handicap parking signs,
designation of fire lanes, public hearing notices, and directional signs.
C. Signs owned and maintained by federal or state agencies or the City of Woodburn.
D. Signs lawfully erected in the public right -of -way in accordance with applicable state and
local laws and regulations, including public utility signs, traffic signs and traffic control
devices.
3.1_ 10.08 Prohibited sign, s
The following signs and advertising devices are prohibited:
CADocuments and Settings \bobsh \Local Settings \Temporary Internet Files \Content.Outlook\AK9WWRRZ \City
Council Public Hearing Sign Revisions - revised 11- 17- 10.docx Page 7 of 22
43
EXHIBIT
Page __&_ of 2 Z
A. A sign located on the roof of any building or structure.
B. A sign in public rights -of -way except awning, projecting, wall, and suspended signs
projecting over a public right -of -way in conformity with Section 3.110, unless specifically
allowed under 3.110.01 or exempt under Section 3.110.05.
C. Internally illuminated awning sign.
D. A permanent sign located on an undeveloped lot or parcel, except subdivision signs.
E. A beacon light, searchlight, strobe light or a sign containing such lights.
F. Neon tubing on the exterior of a building.
G. A sign that imitates or resembles official traffic lights, signs or signals, or a sign that
interferes with the effectiveness of any official traffic light, sign or signal.
H. An illuminated sign that produces glare.
I. A sign required to have been issued a sign permit, but for which no sign permit has been
issued.
A sign with visible incandescent bulbs or fluorescent tubes or a sign with a visible direct
source of illumination, except neon, light- emitting diodes, or plasma displays, and not
otherwise allowed under Section 3.110.10 or exempt under Section 3.110.07.
K. An unsafe sign or a sign that constitutes a public nuisance.
L. A sign that incorporates flames or emits sounds or odors.
M. A sign supported in whole or in part by cables or guy wires, or that has cables or guy wires
extending to or from it.
N. Blimps.
O. Signs attached to utility poles or boxes, except those attached by the utility.
P. Flashing signs.
Q. Moving signs.
R. Changing image temporary signs.
S. Flags with an aspect ratio (hoist to fly, or height to width) greater than 1:1.
CADocuments and Settings \bobsh\Local Settings \Temporary Internet Files \Content.Outlook\AK9wwRRZ \City
Council Public Hearing Sign Revisions - revised 11- 17- 10.docx Page 8 of 22
44
EXHIBIT '
Page 1 1 of 2 2
0.6:1 (allowed)
Figure 3.110.08A: Aspect ratio of flags
3.110.09 Temporary Sip-ns
3.6 :1 (prohibited)
A. Certain temporary signs that are not otherwise exempt under Section 3.110.07 may be
approved for a limited period of time as a means of drawing attention to special events such
as grand openings, carnivals, charitable events, seasonable openings, special promotions,
etc. Approval of a Temporary Sign Permit application shall be required prior to placement
of such signs.
B. Criteria. The Director shall approve an application for a Temporary Sign Permit only if it
complies with the following approval criteria:
1. The following types of temporary signs are permitted with a Temporary Sign Permit: A-
frames, banners, flags, pennants, balloons, strings of lights, streamers, and lawn signs.
Temporary sign types not specified above, including other types of portable signs and
blimps, are not permitted with a Temporary Sign Permit.
2. An owner or tenant of an individual property, a tenant in a complex, and the owner of a
complex may obtain Temporary Sign Permits.
3. No temporary sign shall obstruct on -site pedestrian or vehicular access or circulation.
4. Temporary Sign Permits shall be limited to a specified number of 15 -day periods per
calendar year. Said periods may run consecutively; however, unused days from one
period shall not be added to another period. The number of Temporary Sign Permits
and maximum sign area shall be as follows:
C:\Documents and Settings \bobsh \Local Settings \Temporary Internet Files \Content.Outlook\. K9WWRRZ \City
Council Public Hearing Sign Revisions - revised 11- 17- 10.docx Page 9 of 22
45
1:1 (allowed)
ExH,B,T A
Page 10 of Z 2-
Table 3.110.O9A Temporary Signs in the RM and P /SP Zones
Use
Type
Time
Maximum
Maximum total
sign area
Maximum
Use
Type
Time
Number
total sign area
height (feet)
(square feet)
(feet)
45 days before a public
24
election or the time the
No individual
•Lawn: 7
Any
Lawn
election is called, whichever
6
sign may exceed
• A -frame: 3
or A-
is earlier, until seven days
6
six square feet in
e A -frame:
use
frame
after the election
exceed six
3
Lawn or A -frame
days after the
area
All other times of the year
2
g
• Lawn: 7
Any
All other times of
• A -frame: 3
Flags and window signs are listed with permanent signs, Table 3.110.10A.
Table 3.110.O9B Temporary Signs in the RS and R1S Zones
Maximum
Maximum
Maximum
Use
Type
Time
Number
total sign area
height
(square feet)
(feet)
45 days before a
24
public election or
the time the election
No individual
e Lawn: 7
is called, whichever
6
sign may
e A -frame:
is earlier, until seven
exceed six
3
Lawn or A -frame
days after the
square feet in
election
area
Any
All other times of
• Lawn: 7
use
the year
2
8
. A -frame:
3
Decorations and
45 days before the
lights relating to
holiday or event,
Unlimited
Unlimited
Unlimited
federal, state, or
until 15 days after
City recognized
the holiday or event
events, seasons, or
holidays
Exempt from application and permit requirements
CADocuments and Settings \bobsh \Local Settings \Temporary Internet Files \Content.Outlook\AK9WWRRZ \City
Council Public Hearing Sign Revisions - revised 11- 17- 10.d Page 10 of 22
EXHiBrr A
Page _iL of
Table 3.11O.O9B Temporary Signs in the RS and R1S Zones
Lawn signs and A -frame signs in the RS or R1 S zone may be located in the public right -of -way
provided that:
a. The signs shall be established by the property owner or property owner's agent,
b. No sign may be established in the right -of -way of a Major Arterial street,
c. Signs shall not be placed in vision clearance areas (Section 3.103.10) or in adjacent
rights -of -way,
d. Signs shall not be on or overhanging a travel or on- street parking lane,
e. Signs shall not be on or overhanging a sidewalk, and
f. No portion of a sign shall be less than 3 feet from the back of a curb.
Flags and window signs are listed with permanent signs, Table 3.110.10A.
Table 3.110.O9C Temporary Signs in Commercial and Industrial Zones
Maximum
Maximum
total sign
Maximum
15 -day
Use
Type
Number
area (square
height
periods
feet)
(feet)
All except A-
Unlimited
200
Lawn: 7
4
frame
• 1 in the
Single -tenant
DDC
nonresidential site
A -frame
zone
8
3
Unlimited
. 2 in all
other
zones
All except A-
frame
Unlimited
100
Lawn: 7
4
Individual tenant
. 1 in the
in a
DDC
nonresidential
complex
A -frame
zone
e 2 in all
8
3
Unlimited
other
zones
Nonresidential
All except A-
Unlimited
200
Lawn: 7
4
complex with less
frame
than 20 tenant
Not
spaces
A -frame
allowed
CADocuments and Settings \bobsh \Local Settings \Temporary Internet Files \Content.Outlook\AK9WWRRZ \City
Council Public Hearing Sign Revisions - revised 11- 17- 10.docx Page 11 of 22
47
EXHIBIT A
Page ! of Z Z
Table 3.110.09C Temporary Signs in Commercial and Industrial Zones
Nonresidential
All except A-
Unlimited
400
Lawn: 7
6
complex with 20
frame
or more tenant
Not
spaces
A -frame
allowed
Decorations and
45 days before
the holiday or
lights relating to
ederal, state, or
Unlimited
Unlimited
Unlimited
event, until 15
Any
y USe
City recognized
days after the
events, seasons, or
holiday or event
holidays
Exempt from application and permit requirements
Temporary signs for an individual tenant in a complex, except A -frame signs, shall be limited to
banners and flags on the exterior walls and windows of the individual tenant space.
A -frame signs in the DDC zone shall conform to the following standards.
a. The sign may be located on private property or in the public right -of -way.
b. The sign shall not exceed 3 feet in width, 3 feet in height, and 9 square feet in area.
c. The sign shall be at least one foot from the curb so as not to interfere with on- street
parking,
d. A minimum access width of 4 feet shall be maintained along all sidewalks and building
entrances accessible to the public. Signs should be placed either next to the building or
at the curbside by a street tree, bench, or other public amenity so as not to block on-
street parking.
e. The sign permit shall be revocable in case of noncompliance.
f. The sign shall not be placed in a vision clearance area (Section 3.103.10) or in adjacent
rights -of -way.
g. The sign shall be utilized only during business hours and shall be removed during non-
business hours.
h. The sign shall not be illuminated.
i. The sign owner shall assume all liability for incidents involving the sign by signing a
document exempting the City from liability.
Flags and window signs are listed with permanent signs, Tables 3.110.1013-E.
C:\Documents and Settings \bobsh \Local Settings \Temporary Internet Files \Content.Outlook\AK9wWRRZ \City
Council Public Hearing Sign Revisions - revised 11- 17- 10.docx Page 12 of 22
48
EXHIBIT /�
Page __Z.3 of 2- 2__
3.110.10 Permanent Sien Allowances
Permanent signs shall not exceed the number, size, or height specified in the following tables,
and shall comply with the other regulations noted in the following tables.
Table 3.110.10A Permanent Signs in RS, R1S, RM, and P /SP Zones
Use I Monument I Wall
Non - residential use, less than 3
acres
• Max. 1
*Max. 8' high
• Max. 20 sf
• Max. 1
• Max. 20 sf
Non - residential use, 3 acres or
more
Single- family Dwellings
Multiple - family dwellings
Subdivision with more than 4 lots
or mobile home park with more
than 4 spaces
• Max. 1 per street frontage
• Max. 2 signs
• Max. 8' high
• Max. 32 sf each
Not allowed
• Max. 1
• Max. 8' high
• Max. 20 sf
• Max. 1 on each side of
entrance from public street
• Max. 2 monument or wall
signs total per public street
entrance
• Max. 8' high
• Max. 20 sf each
• Max. 1 per wall facing a
public street
• Max. 2 signs
• Max. 32 sf each
• Max. 2
• Max. 3 sf total
• Exempt from application
and permit requirements
• Max. 1
• Max. 20 sf
• Allowed by permit
• Max. 2
• Max. 3 sf total
• Exempt from application
and permit requirements
• Max. 1 on each side of
entrance from public street
• Max. 2 monument or wall
signs total per public street
entrance
• Max. 20 sf each
• Allowed on freestanding
walls only
Flags
• Max. 3
• Max. 40 square feet each
• Max. 40' high
• Exempt from application and permit requirements
CADocuments and Settings \bobsh \Local Settings \Temporary Internet Files \Content.Outlook\AK9WWRRZ \City
Council Public Hearing Sign Revisions - revised 11- 17- 10.docx Page 13 of 22
49
EXHIBIT
Page q of Z Z
Table 3.110.1 OA Permanent Signs in RS, R1S, RM, and P /SP Zones
Window signs
• Max. 50 percent of window area on each fagade
• Exempt from application and permit requirements
Bench Signs
• Max. 1 square foot per bench.
• Exempt from application and permit requirements
Pole, awning, marquee, canopy, projecting, and suspended signs are not allowed.
Changing image is allowed as part of a monument sign only, up to 65 percent of the sign area,
for nonresidential uses only.
Externally illuminated signs are allowed. Internally illuminated signs are not allowed, except for
changing image signs.
A sign on a freestanding wall shall not project above the wall.
Non - residential complexes with two or more buildings and multiple - family residential
complexes with four or more buildings are allowed one additional sign per street access. Such
signs shall be located a minimum of 50 feet from the public right -of -way. Each sign shall be
limited to a maximum area of 24 square feet. Freestanding signs shall be limited to a maximum
height of eight feet. Such signs typically display a directory or map of the complex.
Table 3.110.1OB Permanent Signs in the CG Zone
Freestanding
Pole
Frontage
Monument
Freeway Overlay
(See Figure 1)
Elsewhere
Less than
Not allowed
Not allowed
100'
• Max. 1 per frontage on
the same street
• Max. 1 per single -tenant
. Max. 1 per single-
site or complex
tenant site or complex
• Max. 4 signs per single-
. Max. 45' high
• Max. 20' high
tenant site or complex.
100 -299'
• Max. 200 sf or 4.5 sf per
• Max. 32 sf (single
• Max. 8' high
foot of actual height,
tenant)
• Max. 32 sf each
whichever is less
• Max. 50 sf (complex)
CADocuments and Settings \bobsh \Local Settings \Temporary Internet Files \Content.Outlook\AK9wwRRZ \City
Council Public Hearing Sign Revisions - revised 11- 17- 10.doccx Page 14 of 22
EXHIBIT _ A
Page 1,1 of Z z.
Table 3.110.1OB Permanent Signs in the CG Zone
300 -599'
X11
1,000-
1,199'
1,200' or
more
• Max. 1 per single- tenant
site or complex
• Max. 45' high
• Max. 200 sf or 4.5 sf
per foot of actual height,
whichever is less
• Max. 1 per single -tenant
site or complex
• Max. 45' high
• Max. 300 sf or 6.7 sf
per foot of actual height,
whichever is less
• Max. 1 per single -tenant
site or complex
• Max. 45' high
• Max. 550 sf or 12.3 sf
per foot of actual height,
whichever is less
• Max. 1 per single -tenant
site or complex
• Max. 45' high
• Max. 850 sf or 18.9 sf
per foot of actual height,
whichever is less
• Max. 1 per single -
tenant site or complex
• Max. 20' high
• Max. 50 sf (single
tenant)
• Max. 75 sf (complex)
• Max. 1 per single -
tenant site or complex
• Max. 20' high
• Max. 100 sf
Wall
• Max. 1 per 300' of
frontage on the same
street
• Max. 2 signs per street
frontage
• Max. 4 per single -tenant
site or complex.
• Max. 8' high
• Max. 50 sf each
• Where two monument
signs are allowed on a
frontage, the allowed
area may be combined
into one sign.
• Min. 20 sf
• Max. 6 percent of fagade or 200 sf, whichever is less
• Allowance increases by 50 percent if the wall is more than 200 feet from the public right -of-
way
Awning/Marquee
. Deemed wall signs
• Shall not extend above or below the awning or marquee
Canopy
I . Max. 2 sides of canopy I
. Max. 15 percent of canopy face or 50 sf, whichever is less
Projecting
CADocuments and Settings \bobsh \Local Settings \Temporary Internet Files \Content.0utlook\AK9ViWRRZ \City
Council Public Hearing Sign Revisions - revised 11- 17- 10.docx Page 15 of 22
51
EXHIBIT
Paqe I Lo of Z Z
Table 3.110.1OB Permanent Signs in the CG Zone
• Not allowed on a site or complex with a pole or monument sign
. Max. 1 per single -tenant site or complex
• Min. 8' above ground
• Max. 24 sf
• Max. 6' projection
Suspended
• Max. 1 at each entrance to a building or tenant space
• Shall not project past the outer edge of the roof structure
• Min. 8' above ground
• Max. 6 sf
Drive - through
• Max. 2
• Max. 8' high
• Max. 8' wide
Flags
• Max. 2
• Max. 40 square feet each
• Max. 40' high
• Exempt from application and permit requirements
Window Signs
• Max. 50 percent of window area on each fagade
• Exempt from application and permit requirements
Signs on Phone Booths and Product Dispensers
• Max. 3 square feet on an individual unit
• Exempt from application and permit requirements
Bench Signs
• Max. 1 square foot per bench
• Exempt from application and permit requirements
A monument sign may not be established on the same frontage as a pole sign.
Changing image is allowed on freestanding signs only, up to 50 percent of the total sign area.
Externally or internally illuminated signs — except internally illuminated awnings — are allowed.
For signs regulated by ORS 646.930 (Motor vehicle fuel prices; requirements for display), an
additional 32 square feet may be incorporated into another sign or may be installed as a separate
wall or monument sign. The fuel price display area of such signs may be electronic changing
image. If the price of four or more fuel products is required to be displayed, the additional
allowance shall be 42 square feet.
CADocuments and Settings \bobsh \Local Settings \Temporary Internet Files \Content.Outlook\AK9WWRRZ \City
Council Public Hearing Sign Revisions - revised 11- 17- 10.docx Page 16 of 22
52
EXHIBIT /—I
Page __!2 of _
Freeway Overlay
Figure 1
CADocuments and Settings \bobsh \Local Settings \Temporary Internet Files \Content.Outlook \AK9WWRRZ \City
Council Public Hearing Sign Revisions - revised 11- 17- 10.docx Page 17 of 22
53
EXHIBIT
Pape I A F_ of Z
Table 3.110.1OC Permanent Signs in the CO Zone
Freestanding
Wall
Monument
Drive - through
• Max. 1 per street
frontage, 2 total
• Max. 2
• Max. 1 per tenant plus 1 to identify each building
.Max. 8' high
• Max. 8 ' high
or complex
. Max. 32 sf each
- Max. 8' wide
. Max. 4 percent of facade area
Flags
• Max. 2
• Max. 40 square feet each
. Max. 40' high
• Exempt from application and permit requirements
Window Signs
• Max. 50 percent of window area on each fagade
• Exempt from application and permit requirements
Signs on Phone Booths and Product Dispensers
. Max. 3 square feet on an individual unit
. Exempt from application and permit requirements
Bench Signs
• Max. 1 square foot per bench
. Exempt from application and permit requirements
Pole, awning, marquee, canopy, projecting, and suspended signs, and changing image signs are
not allowed.
Externally or internally illuminated signs are allowed.
C:\ ocuments and Settings \bobsh \Local Settings \Temporary Internet Files \Content.0utlook\AK9WWRRZ \City
Council Public Hearing Sign Revisions - revised 11- 17- 10.docx Page 18 of 22
54
EXHI !ka -i —
Page
Table 3.110.1 OD Permanent Signs in the DDC and NNC Zones
Freestanding
Fall
Awning/
Marquee
Projecting
Suspended
Drive-
Monument
through
• Not allowed
on a frontage
Only at
with a
• Max. 1 per
•Min. 16 sf
• Deemed
monument
entrance to a
building or
sin
single-tenant
gl
Max. 2
Max. 4
wall signs
sign
• Max. 1 per
tenant space
site or
. Max.
percent of
• Shall not
single -tenant
' Min. 8' above
complex
8' high
fagade or 50
extend
site or
Found
• Max. 8'
. Max.
sf,
above or
complex
p
• Max. 6 sf
high
8' wide
whichever is
below the
e Min. 8'
• Shall not
• Max. 20 sf
less
awning or
above
project past
marquee
ground
the outer edge
• Max. 12 sf
of the roof
• Max. 4'
structure
projection
Flags
• Max. 2
• Max. 40 square feet each
• Max. 40' high
• Exempt from application and permit requirements
Window Signs
• Max. 50 percent of window area on each fagade
• Exempt from application and permit requirements
Signs on Phone Booths and Product Dispensers
• Max. 3 square feet on an individual unit
• Exempt from application and permit requirements
Bench Signs
• Max. 1 square foot per bench
. Exempt from application and permit requirements
Pole and canopy signs are not allowed.
Externally or internally illuminated signs — except internally illuminated awnings — are allowed.
C:\ ocuments and Settings \bobsh\Local Settings \Temporary Internet Files \Content.Outlook\AK9WWRRZ \City
Council Public Hearing Sign Revisions - revised 11- 17- 10.docx Page 19 of 22
55
EXHIBIT A
Page 20 of _ a. - A_
Table 3.110.1 OD Permanent Signs in the DDC and NNC Zones
Changing image is allowed on monument signs only, up to 50 percent of the total sign area.
For signs regulated by ORS 646.930 (Motor vehicle fuel prices; requirements for display), an
additional 32 square feet may be incorporated into another sign or may be installed as a separate
wall or monument sign. The fuel price display area of such signs may be electronic changing
image. If the price of four or more fuel products is required to be displayed, the additional
allowance shall be 42 square feet.
Table 3.110.10E Permanent Signs in the IP, IL, and SWIR Zones
Monument
Wall
Awning/
Marquee
Projecting
Suspended
• Maximum 1 per
• Less than
single- tenant
• Only at
site or complex
• Not allowed
entrance
300'
frontage
• Maximum 32 sf
on a site
to a
• Maximum 8'
with a
building
high
• Deemed
monument
or tenant
• Min. 16 sf
wall signs
sign
space
• Maximum 1 per
' Max. 4
•Shall not
• Max. 1 per
• Min. 8'
single- tenant
percent of
extend
single-
above
site or complex
facade or 150
above or
tenant site
ground
• Maximum 1
sf, whichever
below the
or complex
• Max. 6 sf
• 300' or
additional if a
is less
awning or
• Min. 8 ,
• Shall not
complex has 2
above
project
more
street frontages
marquee
ground
past the
frontage
over 300' each
• Max. 20 sf
outer
• Maximum 50 sf
• Max. 4'
edge of
each
projection
the roof
• Maximum 8'
structure
high
Flags
• Max. 2
• Max. 40 square feet each
• Max. 40' high
• Exempt from application and permit requirements
CADocuments and Settings \bobsh \Local Settings \Temporary Internet Files \Content.Outlook\AK9wwRRZ \City
Council Public Hearing Sign Revisions - revised 11- 17- 10.docx Page 20 of 22
56
EXHIBIT A
Page �Z I of Z Z
Table 3.110.10E Permanent Signs in the IP, IL, and SWIR Zones
Window Signs
• Max. 50 percent of window area on each fagade
• Exempt from application and permit requirements
Signs on Phone Booths and Product Dispensers
. Max. 3 square feet on an individual unit
. Exempt from application and permit requirements
Bench Signs
• Max. 1 square foot per bench
• Exempt from application and permit requirements
Pole and canopy signs are not allowed.
Minimum 100' separation between monument signs in the same complex.
Externally or internally illuminated signs — except internally illuminated awnings — are allowed.
Changing image is allowed on monument signs only, up to 50 percent of the total sign area.
For signs regulated by ORS 646.930 (Motor vehicle fuel prices; requirements for display), an
additional 32 square feet may be incorporated into another sign or may be installed as a separate
wall or monument sign. The fuel price display area of such signs may be electronic changing
image. If the price of four or more fuel products is required to be displayed, the additional
allowance shall be 42 square feet.
3.110.11 Nonconformine Signs
A. Nonconforming signs may remain provided they comply with the provisions of this Section.
B. Nonconforming permanent signs shall comply with the provisions of Section 3.110 when
one or more of the following occurs:
A nonconforming sign is expanded, relocated, replaced or structurally altered. A
nonconforming sign may be reduced in area or height without losing nonconforming
status.
2. The use of the premises upon which the sign is located terminates for a continuous
period of 180 days or more. In a complex, if an individual tenant space is vacant for a
continuous period of 180 days or more, only signs attached to such tenant space shall be
required to comply with the provisions of Section 3.110.
3. The use of the premises upon which the sign is located changes. In a complex, if the
use of an individual tenant space changes, only signs attached to such tenant space shall
be required to comply with the provisions of Section 3.110.
4. A Conditional Use or Type III Design Review land use application is approved for the
premises upon which the sign is located. In a complex, if an individual tenant space is
the subject of a Conditional Use or Type III Design Review land use application, only
signs attached to such tenant space shall be required to comply with the provisions of
CADocuments and Settings \bobsh \Local Settings \Temporary Internet Files \Content.Outlook\AK9WWRRZ \City
Council Public Hearing Sign Revisions - revised 11- 17- 10.docx Page 21 of 22
57
EXHIBIT A
Page � 2 of _ 1-2,2- _
Section 3.110.
5. A nonconforming sign is damaged, destroyed, or deteriorated by any means where the
cost of repairs exceeds 50 percent of its current replacement cost as determined by the
Building Official.
C. A nonconforming sign or sign structure may be removed for no more than 60 days to
perform sign maintenance or sign repair. A nonconforming sign or sign structure removed
for more than 60 days shall comply with the provisions of Section 3.110.
3.110.12 Electronic Chanting Imap-e Signs
A. Electronic changing image signs shall change from one display to another display in a
transition time of not more than two seconds. The display shall thereafter remain static for
at least the following intervals:
1. RS, R1S, RM, and P /SP zones: 20 seconds.
2. DDC, CO, CG not in Freeway Overlay, IP, IL, and SWIR zones: 8 seconds.
3. CG zone in Freeway Overlay: 4 seconds.
B. No portion of an electronic changing image sign shall be brighter than as follows:
1. During daylight hours from sunrise to sunset, luminance shall be no greater than 3,000
candelas per square meter.
2. At all other times, luminance shall be no greater than 500 candelas per square meter.
C. All electronic changing image signs shall be equipped with an automatic dimming feature
that accounts for ambient light levels.
CADocuments and Settings \bobsh \Local Settings \Temporary Internet Files \Content.Outlook\AK9WWRRZ \City
Council Public Hearing Sign Revisions - revised 11- 17- 10.docx Page 22 of 22
58
Department of Economic and
4'' = Development Services
W OODBUR N Planning Division
270llontgonzery Street, Woodburn, Oregon 97071 • (503) 982-5246
mum
EXHIBIT
CITY _
CITY COUNCIL STAFF REPORT Page 1 of 3.__
PUBLIC HEARING
Application Type
Type V Legislative Amendment
Application Number
LA 2010 -01
Project Description
Revise the City's sign regulations
Project Location
Entire City
Zoning
All zones
120 -Day Deadline
Not applicable to legislative decisions
Date of Staff Report
November 1, 2010
Date of Public Hearing
November S, 2010
BACKGROUND
The Mayor and City Council appointed a focus group of citizens to review the sign regulations in
Section 3.110 of the Woodburn Development Ordinance, and recommended improvements for
consideration by the Planning Commission and City Council. After much deliberation, the Sign
Focus Group presented its recommendations to the Planning Commission in a series of workshops.
After conducting a public hearing, the Commission unanimously approved the text with minor
revisions and forwarded the matter to the City Council.
Highlights of proposed revisions:
Simplifies standards
0
EXHIBIT 13
Page __,Z o
Electronic changeable -copy signs
— Establishes standards for brightness and hold time
— Allows electronic changeable -copy signs in residential zones for non - residential uses
Non - conforming signs
— Allows minor sign modification without total conformance
Other revisions
— Housekeeping changes
— Reduces the number of exempt signs
— Eliminates content -based text language
— Establishes standards for flags
— Allows A -frame signs on sidewalks in the downtown DDC zone, subject to standards
— Establishes size limitations for fuel price signage
The proposed revisions contain both "housekeeping" amendments that reorder provisions, provide
clarity or correct clerical errors, and "substantive" amendments that change the allowable size,
height, or other characteristics of signs.
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. The Woodburn Comprehensive Plan was originally adopted in 1978 and has been amended 8
times since then — most recently in 2005 — and has been acknowledged by the State of Oregon to be
consistent with statewide planning goals. The Comprehensive Plan states on page 9:
"The City has had a sign ordinance since 1973. It has been successful in controlling
proliferation of signs, mostly along main arterials. The sign ordinance was revised in
2004. The Sign Ordinance implements goals relating to public health, safety and
welfare, basically for transportation safety and aesthetic goals. This type of ordinance
should be continued."
Conclusion The proposed revision is consistent with the Comprehensive Plan. The proposed
expansion implements the policies articulated for the sign ordinance.
Woodburn Development Ordinance
Findings: Legislative amendments are Type V legislative decisions. The Development Ordinance
addresses Type V decisions in Section 4.101.06.E, Decision Making Procedures. The Planning
Commission holds an initial public hearing on the proposal and makes a recommendation to the
City Council. The City Council then holds a de novo public hearing and makes the City's final
H: \JaniceCl \O 1 - Attorney \Council \20IO\November \November 8 \Staff Report CC -Sign Revision.doc
Page 2 of 3
e
EXHIBIT 3
Paq-e 3 of 3
decision. In the present case, the Planning Commission held its public hearing on September 23,
2010 and continued deliberations at its meeting of October 14, 2010.
Conclusions The proposed amendment to the sign regulations is a Type V legislative decision. The
decision -maker is the City Council.
Findings The Oregon Department of Land Conservation and Development was sent a Notice of
Proposed Amendment, as required by statute. A Notice of Public Hearing was sent to every owner
of property within the City limits (over 5,800 owners), pursuant to State Ballot Measure 56. Notice
was published in the Woodburn Independent. A Notice of Public Hearing was sent to every holder
of a current City business license (over 1,000 licensees.) Staff fielded over 200 phone calls and
visits from citizens requesting clarification or information.
Conclusion The public hearing has been publicized in accordance with State statute and the
provisions of the Woodburn Development Ordinance.
CONCLUSION
The proposed amendment is consistent with the Woodburn Comprehensive Plan and the Woodburn
Development Ordinance.
LIST OF ATTACHMENTS
Attachment A presents the substantive changes in a "markup" format that shows deletions and
additions. Attachment B is a "clean" version that is easier to read, but does not indicate which
provisions have been changed. Marking up the numerous housekeeping amendments as well as the
substantive amendments results in a document that is difficult to read. In order to simplify the
presentation and concentrate on the substantive changes, the housekeeping amendments are not
marked up. This follows the practice and recommendation of the Sign Focus Group.
A. WDO 3.110 Proposed Sign Changes (edited version)
B. WDO 3.110 Proposed Sign Changes (unedited version)
C. Planning Commission Minutes:
• June 24, 2010 workshop
• May 13, 2010 workshop
• May 27, 2010 workshop
• September 23, 2010 public hearing
• October 14, 2010 public hearing
H:AJaniceCl \O1 - Attorney \Council \20IO\November \November 8 \Staff Report CC -Sign Revision.doc
Page 3 of 3
V1
WDBN
I
November 22, 2010
TO: Mayor, City Council and Scott Derickson, City Administrator
FROM: Ignacio Palacios, Finance Director & Scott Russell, Chief of Police
SUBJECT: New World System Software Upgrade
RECOMMENDATION:
Adopt the resolution awarding a sole source contract for a software upgrade of
the City's accounting and police reporting system and authorizing the City
Administrator to enter into a license agreement upon Council approval of an
interfund loan.
BACKGROUND:
The City previously purchased its current accounting, budgeting and reporting
software from New World Systems; in addition, the City utilizes products from this
vendor for its police records management system (RMS), and NORCOM uses this
vendor for its Computer Aided Dispatch (CAD) System. All New World Systems
products have worked well for the City but have been in place since 2001 (CAD
system since 1992) and are nearing the end of their service lives and are in need
of upgrading.
Both the police and finance system reside on IBM servers (CAD & RMS on the
same server) which were state of the art at the turn of the millennium, but are
now not `universally' used and are therefore more expensive to maintain and
replace. The finance server was replaced in August 2009 at a cost of $20,000.
The current police server will need to be replaced in less than two (2) years at a
cost of $30,000 (the useful life of a server is three to five years). In addition, these
servers require maintenance that our IT department is not licensed or trained to
do, therefore, the City contracts with a third party to provide this maintenance
at an annual cost of $23,000 and an additional service agreement and warranty
costs to IBM for $10,000; a total of $33,000 in additional costs to the City for using
and maintaining the IBM servers each year.
The City's police department currently provides records management for
several surrounding police agencies. All entities have updated their systems to
Agenda Item Review: City Administrator _x City Attorney _x_ Finance —x-
62
Honorable Mayor and City Council
November 22, 2010
Page 2
operate on current technologies specifically Microsoft server platforms (MS)
which cause significant issues whenever there is a change at the user's end -
this can range from as simple as adding a printer or additional terminal to the
system to connecting to a shared outside database. Due to the differences in
the MS platform and the City's current RMS system custom programs and
procedures are needed and developed in order to create the appropriate
environment for the two systems to `talk' to each other. This customization is
time consuming, limits system usefulness, and is costly to the City. These costs
are in addition to the annual $33,000 mentioned above and depend upon
actual work done.
This is also true for the finance department, any additional features not currently
built into the system that are needed (i.e. on -line payment features, ability to
sign up of utility service on -line, etc.) cannot be easily added to the system
without costly customization and may not be entirely possible due to the
limitations on the system technology.
DISCUSSION:
Due to these issues the police and finance departments are requesting an
upgrade to the current systems - an upgrade to these systems is necessary and
would provide the following benefits:
Accounting & Reporting System
• Efficiencies gained in the ability of management to utilize `live' financial
data - currently, users must wait for finance to update the information
and provide reports to departments as of some finite date.
• Ability to utilize system for annual budgeting - the current system's budget
tool is limited and requires the budget be developed outside the system
and then manually input after the budget has been approved.
• Efficiencies gained in end users ability to export data into spreadsheet
programs for end user analysis - the current system exports but require
time consuming manipulation defeating the purpose of the ability.
• Use of current technologies in server hosting - the current server is
expensive to replace and requires third party maintenance agreements.
• The net upgrade utilizes the `windows' based platform which is familiar to
end users - the current system is the `green screen' and heavily menu
driven - `not user friendly'.
Police Reporting System
63
Honorable Mayor and City Council
November 22, 2010
Page 3
• Provides an end user interface that is easier to operate, takes less steps to
navigate, and enhances officer's ability to use system data to help solve
crimes.
• Enable the police reporting system to `tap' into regional data and
information seamlessly - the current system while able to do this requires
costly and time consuming customization which at times makes it difficult
to share information.
• Ability to provide continuing and enhanced services to area contract
agencies - see comments above.
• Use of current technologies in server hosting - the current server is
expensive to replace (and will need to be replaced in the next two years)
and requires third party maintenance agreements.
• Meets regional reporting system requirements as mandated by the State
of Oregon - the current system will not be able to meet the `demands' for
reporting requirements in the near future.
• NORCOM has budgeted to upgrade its CAD system simultaneously with
the changes the City is proposing. This will ensure the provision of
seamless data transfer between the dispatch center and officers on the
street.
State and local contracting rules allow for sole source procurements when the
Contract Review Board adopts findings that support the conclusion that the
good or service is available from only one source. As fully set forth in the
proposed resolution and findings, a sole source procurement is appropriate here
for the following reasons:
Data Conversion Smooth transition of data from the old system to the
new system is a key to the successful upgrade. As discussed above,
the City has used New World for a number of years. The City's data is
in New World's format and New World will not have any problem
transferring that data to the upgraded system. Using a different
software vendor increases the risk of data loss and limiting access to
data as well as increased costs.
2. Software modules are a "Like for Like" transition Not only will the data
conversion be easier but also the systems are compatible. All software
modules in use today will be implemented in the new system with the
addition of enhanced features and functions.
Honorable Mayor and City Council
November 22, 2010
Page 4
3. Consistent Annual Maintenance Annual maintenance fees are
extended from one system to the other with no interruption of service
or new fees. This would not be available with a different vendor.
4. Ease of User Training City staff is already familiar with New World
systems and transition to using the upgraded New World software will
be much easier than learning an all new system. Using a different
vendor's system would slow staff efficiency and increase costs.
FINANCIAL IMPACT:
The total cost of the upgrade for both systems is $511,850. The finance and
police departments are proposing to fund the upgrade cost via an interfund
loan from the Transportation Impact Fee (TIF) and Water Construction Funds
(fund 376 and 466) to be repaid from the General, Water and Sewer.
The attached resolution authorizes the City Administrator to sign the contract
only if the Council has approved the interfund loan.
In addition, it should be noted that the General Fund currently outlays over
$30,000 in maintenance payments for the current IBM servers and will continue
to do so while we remain on the current system in addition the police
department will be replacing the IBM server in the next two years at a cost of
$30,000 - these ongoing costs do not include rate increases from the third party
maintenance provider or server cost increases. The City is also being given
$38,400 in discounts from the vendor for the combined upgrade (discounts have
been included in the total upgrade cost).
Finally, the amounts `transferred' from the TIF and Water Construction funds are
not a transfer of funds but are an amount loaned to the General, Water and
Sewer funds to be repaid at an interest rate higher than the current earnings
from investment interest (as of October 31, 2010 that rate was 0.550. Also, this is
interest that the City is paying itself rather than a third party lender.
The General fund will be responsible for approximately 65% of the repayment
with the Water and Sewer funds responsible for the remaining portion. The
Water and Sewer funds will only be responsible for those costs directly
associated with the financial upgrade. The loan will be repaid over ten years
pursuant to state statute at current market earning rates that are less than 1.0%.
65
Honorable Mayor and City Council
November 22, 2010
Page 5
Total cost for the proposed upgrade are:
Total Financial Reporting System Upgrade - $256,325
The cost will be split three ways between the General, Water and Sewer Funds or
$85,442 per fund ($256,325/3)
Police Reporting System Upgrade - $255,525
The entire cost will be assessed to the General Fund
The total cost of the upgrade for both systems is $511,850.
Cost by Fund Annual Payment*
Fund (includ'g int) (repaid over 10yrs)
General $ 373,120 $ 37,312 **
Water 96,110 9,611
Sewer 96,110 9,611
Total $ 565,340 $ 56,534 * **
*Assumes 2.0% interest rate — actual final rate could be lower
** Total annual repayment is $3,312 more than the current maintenance agreements
for current IBM servers
** *Assumes final loan amount to be $512,000
➢ Loaned amounts from the TIP and Water Construction funds in an amount
not to exceed $515,000 to the General, Water and Sewer funds to be
funded through an interfund loan as proposed by the Finance Director as
part of the 2010-11 Supplemental Budget.
➢ Annual payments from the General, Water and Sewer funds for $37,312
and $9,611, respectively totaling $56,334 to the TIF and Water Construction
funds through December 2020.
..
COUNCIL BILL NO. 2844
RESOLUTION NO. 1979
A RESOLUTION AWARDING A SOLE SOURCE CONTRACT FOR SOFTWARE
UPGRADE AND IMPLENTATION SERVICES TO NEW WORLD SYSTEMS
CORPORATION AND ADOPTING FINDINGS
WHEREAS, the City Council, acting as the Local Contract Review
Board, has the authority under the City's public contracting rules, and
consistent with State law, to award a public contract for goods and
services available from only one source; and
WHEREAS, the City is in need of upgrading its computer software
systems for its finance and police records management; and
WHEREAS, the City has used New World Systems software since 2001
and has negotiated a contract for upgrade of the software with New
World Systems that is advantageous to the City; and
WHEREAS, the Council has determined that the software upgrade is
a sole source procurement based on the findings attached to this
resolution; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The City Council, acting as the Local Contract Review
Board, hereby awards the sole source software upgrade and
implementation services contract to New World Systems Corporation.
Section 2. This sole source contract is approved based on the
Findings affixed as Attachment "A" and incorporated herein.
Section 3. The City Administrator is authorized to execute a
contract with New World Systems Corporation upon Council approval of
the interfund loan supplemental budget.
Approved as to form:
City Attorney Date
Approved:
Kathryn Figley, Mayor
Page 1- Council Bill No. 2844
Resolution No. 1979
67
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Christina Shearer, City Recorder
City of Woodburn, Oregon
Page 2- Council Bill No. 2844
Resolution No. 1979
Attachment "A"
FINDINGS IN SUPPORT OF SOLE SOURCE SOFTWARE CONTRACT
State and local contracting rules allow for sole source procurements when the Contract Review Board
adopts findings that support the conclusion that the good or service is available from only one source. A
sole source procurement is appropriate for the upgrade of the City's existing finance and police records
software for the following reasons:
Data Conversion. Smooth transition of data from the old system to the new system is a key to
the successful upgrade. The City has used New World for a number of years. The City's data is
in New World's format and New World will not have any problem transferring that data to the
upgraded system. Using a different software vendor increases the risk of data loss and limiting
access to data as well as increased costs. An economical fixed price Data Conversion from the
iSeries software to the Microsoft based software is included. No other vendor can offer a fixed
price seamless transition of data. The legacy data collected over the last eight years of operation
will be moved to the Aegis Microsoft based Records System. This provides complete use of the
historical data and many other potential benefits, including use of the data for the safety of mobile
patrol staff, assistance with investigations and improved crime reporting.
2. Software modules are a "Like for Like" transition. Meaning, all software modules in use today
will be implemented in the Microsoft based System. This allows the use of new and enhanced
features and functions available in the Microsoft based Record System.
3. Consistent Annual Maintenance. The Annual Maintenance fees (SSMA) are extended from one
system to the other with no interruption of service or adding of new fees. Also, Woodburn can
run both versions of the New World software during the implementation with no additional costs
for SSMA for as long as needed.
Ease of User Training. Training cost and business disruption will be held to a minimum because
the upgraded Records Systems contains similar terminology, conventions, business best practices
and policies. Knowledgeable users will be able to quickly learn the new system with minimal
changes to business practice, workflow and operating procedures.
a. New World mobile software will not be replaced. Meaning, Officers in the field do not
need to be re- trained on a new mobile system and protecting your mobile investment. To
the field officer, little or no- change will be taking place.
.•
WD
November 22, 2010
TO: Honorable Mayor and City Council
FROM: Ignacio Palacios, Finance Director and Scott Derickson, City
Administrator
SUBJECT: 2010 -2011 Supplemental Budget
RECOMMENDATION:
Approve the attached resolution approving a supplemental budget for fiscal
year 2010-2011. Proposed changes are outlined below and summarized in the
attached resolution.
BACKGROUND:
From time -to -time, staff identifies necessary changes to the adopted budget as
new information or projects become available. For the purposes of this
proposed Supplemental Budget, staff is recommending that adjustments in
revenues and expenditures be made to 12 budgetary funds. A significant
portion of these changes are a result of increased grant revenues that have
occurred since the adoption of the FY 2010 Budget. This proposed mid -year
Supplemental Budget includes approximately $592,809 in anticipated grant
awards. The proposed supplemental Budget also includes adjustments to
acquire New World Software Upgrades via an inter -fund loan should it be
authorized by the City Council.
ORS 294.480 allows the City Council to adopt a Supplemental Budget under
certain conditions or when an unanticipated `event' occurs. Per state law, if the
Supplemental Budget process increases the Adopted Budget by more than 10%
in any single fund of its original appropriation, then a public hearing must be
held. Also:
✓ Councilors will recall that the City Budget Policies require at least 10% of
General Fund operating contingency. This is to ensure that critical
discretionary services and programs, such as public safety, can be
managed during an unforeseen financial crisis ands well as ensuring
enough of a cash reserve is available to assist with the City's cash flow
Agenda Item Review: City Administrator _x_ City Attorney _x_ Finance _x_
70
Honorable Mayor and City Council
November 22, 2010
Page 2
management. However, this policy does not extend to dedicated
funding program or non - General Fund funds. In fact, the City has rarely, if
ever, kept non - General Fund contingencies as high as 10%.
✓ The proposed Supplemental Budget does not decrease the General Fund
Contingency.
✓ The adopted FY 2010/11 General Fund budget is $12,204,599. Total
proposed increases as a percentage of the General Fund budget is 3.6%.
If the proposed New World Software Upgrade inter -fund loan is not
included, then the percentage change becomes 0.8% for example.
✓ Additionally, total changes from the $49,713,675 FY 2010/11 adopted
budget, for all funds, are 9.6%. When the grant proceeds from the ARRA
Loan are forgiven upon the completion of the waterline project, the total
budget change will be 3.5%.
A summary of the proposed changes are as follows:
• General Fund The police department was awarded a $30,000 grant to
upgrade to "e- ticketing" equipment and software. As a result, there is a
required local match of $6,200. The police department is able to fund
$3,200 from current appropriations, but an additional amount of $3,000 is
being requested to complete the local match.
Due to unanticipated vehicle repairs, the police department's current
appropriation is not sufficient to meet vehicle repair needs. An additional
amount of $15,000 is being requested to cover the short fall. Additional
amounts total $4,789 for office supplies ( including Laser and battery
acquisitions), a higher than usual 2010 tall grass abatement costs and
specialized equipment associated with the Chief's return to full -time duty.
The Municipal Court is requesting $500 for secure locking cabinets. In
addition, $9,000 is needed for court software replacements and
upgrades.
The Human Resources department is requesting an additional $1,740 in
Professional Services (offset directly by a CIS Wellness Grant).
Finally, if approved by the City Council, an interfund loan of $340,966 from
the Transportation Impact Fee and Water Well Construction Funds is being
71
Honorable Mayor and City Council
November 22, 2010
Page 3
requested to fund the New World System Police and Accounting system
upgrades - the loan will be paid back with interest over the next ten fiscal
years (see Inter -fund Loan Staff Report).
• Transit Fund The Transit Department has been awarded two grants for
$35,108 and $114,972 totaling $150,080. The bulk of the grants ($120,000)
will be used to purchase a mini -van and bus and associated equipment.
The remaining grant awards will be used to supplant the transit program
for the addition of the added vehicles and equipment. An additional
amount of $20,745 is being carried forward from the prior fiscal year for
contract work not completed.
• Parks SDC Fund The Parks Fund has applied for an ODOT Grant to fund
the Wyfells Park Trail project. The total cost of the project is $393,100 of
which the City could receive $352,729 (89.73% of the total cost) from
ODOT; if the city is awarded the grant a local match of $40,371 is
required. Staff is requesting a supplemental budget of $40,371 from
contingency to provide for the local match.
The SDC Parks Fund Contingency is $175,000 or 36.8% of the overall fund.
Reducing the contingency by $40,371 will bring the total contingency to
$134,629 (or 28.34% of total budget). Staff recommends this contingency
adjustment be approved as sufficient contingency remains for
unanticipated items and the local match commitment is contingent on
approval of the grant application by ODOT.
It should be noted that if the grant is not awarded, then the project will
not proceed. In addition, $90,000 in grant funding is still available from the
prior fiscal year that needs to be brought forward in order to complete
the Greenway Project.
• Transportation Impact Fee Fund An inter -fund loan of $256,500 (or 1/2 of
the New World System upgrade project costs) to the General, Water and
Sewer funds is being requested to fund the NWS upgrade project to be
repaid over the next ten fiscal years with interest.
• Wastewater Treatment Plant Construction (WWTP) Fund Due to delays in
the North Trunk Sewer System, and the Sewer System Communications
projects, construction was not completed before the end of the last fiscal
year. Consequently, amounts totaling $390,000 need to be formally
carried forward into the current fiscal year to complete the projects.
72
Honorable Mayor and City Council
November 22, 2010
Page 4
In addition, in June 2008, the Water Well /Distribution Construction Fund
loaned the WWTP Fund $232,000 and $250,000 respectively to be repaid
with interest. An interest only payment in the amount of $53,000 is being
requested from the WWTP contingency to be applied to the interest. Up
to this point, no regular payments have been made in previous fiscal
years; therefore, a payment must be made in this fiscal year with the
remaining balance retired in the ensuing fiscal years and budgeted for as
part of the regular budget process. At that time staff can make
alternative recommendations to retire the outstanding inter -fund loan
balance.
The WWTP Parks Fund Contingency is $200,000 or 3.7% of the overall fund.
Reducing the contingency by $53,000 will bring the total contingency to
$147,000.
• Water Well /Distribution Construction Fund During the prior fiscal year the
City was awarded ARRA "forgivable" loans to extend water services to a
neighborhood located outside city limits. However, the actual
construction was not completed prior to fiscal year end, as originally
expected. Consequently, there is approximately $2.5 million in funding
which now needs to be re- appropriated in order to complete the project
in the current fiscal year.
An inter -fund loan of $256,500 (or 1/2 of the New World System upgrade
project costs) to the General, Water and Sewer funds is being requested
to fund the NWS upgrade project to be repaid over the next ten fiscal
years with interest.
• Water Fund In FY 2010, the City did not budget for the existing (and then
vacant), position of Water System Supervisor. Rather, Public Works held
this position open to determine if the position's duties could be
reallocated as a cost savings measure. It has now been determined that
the Department needs this position to effectively operate Water Fund
Programs and systems. Consequently, $40,000 is being requested to fund
the Water System Supervisor position for the remaining six months of the
fiscal year.
An additional amount of $4,000 is being requested for Cartegraph
equipment for infrastructure mapping. The amounts proposed will be
taken from the Water Fund Contingency. The Water Fund Contingency is
73
Honorable Mayor and City Council
November 22, 2010
Page 5
$113,344 or 4.9% of the overall fund. Reducing the contingency by
$44,000 will bring the total contingency to $69,344 (or 3.0% of total
budget). Staff recommends this contingency adjustment be approved for
the equipment purchase and the vacant position with the understanding
that the Water Fund's contingency be restored to 5% during the next
budget process and ensuing fiscal year.
In addition, an inter -fund loan of $85,442 from the Transportation Impact
Fee and Water Well Construction Funds is being requested to fund the
New World System Accounting system upgrade - the loan will be paid
back with interest over the next ten fiscal years.
• Sewer Fund $6,000 is being requested for Cartegraph equipment and
associated software licenses. The amounts proposed will be taken from
the Water Fund Contingency. The Sewer Fund Contingency is: $56,205 or
1.8% of the overall fund. Reducing the contingency by $6,000 will bring
the total contingency to: $50,205. Staff recommends this contingency
adjustment be approved as there is an opportunity to purchase
Cartegraph equipment and software that will be partially paid for with
grant proceeds.
The amounts proposed will be taken from contingency. In addition, an
inter -fund loan of $85,442 from the Transportation Impact Fee and Water
Well Construction Funds is being requested to fund the New World System
Accounting system upgrade if approved by the City Council. The loan will
be paid back with interest over the next ten fiscal years.
• Information Services Fund The proceeds from the inter -fund loan for the
New World System Accounting and Police Systems upgrade will be
transferred to this fund for project management. The amounts transferred
total approximately $512,000.
• Self Insurance Fund $2,500 is being requested to meet requirements of
pension valuation for reporting purposes. The City has not completed this
valuation since 2007. The amount will be taken from contingency.
The Self Insurance Fund. SDC Parks Fund Contingency is $80,000 or 9.8% of
the overall fund. Reducing the contingency by $2,500 will bring the total
contingency to $77,500. Staff recommends this contingency adjustment
as it is required for reporting purposes and the last valuation completed is
outdated.
74
Honorable Mayor and City Council
November 22, 2010
Page 6
• Technical and Environmental Services Fund $4,000 is being requested in
additional overtime in the Engineering ($2,000) and Public Works Fleet
($2,000) departments for unanticipated project management and fleet
maintenance. The amounts will be taken from contingency.
The T &E Fund Contingency is $151,352 or 9.6% of the overall fund.
Reducing the contingency by $4,000 will bring the total contingency to
$147,352. Staff recommends this contingency adjustment be approved
for unanticipated cost due to increased project management and fleet
maintenance requirements.
• Building Maintenance Due to an extended absence in the custodian
department outside custodial services were contracted. As a result,
$14,000 is being requested to be moved from personnel services to
materials and services to provide for the services. In addition, City Hall
lighting is being replaced with energy efficient fixtures. Consequently,
$19,700 is being requested to fund this project. Finally, the City Council
recently approved a contract for general architectural services; as a
result, a $20,000 appropriation is now being requested to fund the
contract. If approved, a total of $39,700 will be taken from contingency
to fund these two projects.
The Building Maintenance Fund Contingency is $43,205 or 5.0% of the
overall fund. Reducing the contingency by $39,700 will bring the total
contingency to $3,505. Staff recommends that this contingency
adjustment be approved in order to take advantage of energy savings in
the ensuing and current fiscal year and allow for professional services to
assist with security improvements and space utilization in general services
buildings (i.e. City Hall, Library, Pool, etc.).
FINANCIAL IMPACT:
The requested supplemental budget does not reduce the General Fund
contingency. For the General Fund, the Supplemental Budget comprises grants
totaling $31,740, an intergovernmental reimbursement of $2,631, an adjustment
of $62,858 to the beginning fund balance and an inter -fund loan of $340,966
related to the New World accounting software.
Changes in the Transit, Parks SDC, Transportation Impact Fee, WWTP, Water /Well
Distribution Construction, Water, Sewer, Information Services, Self Insurance,
75
Honorable Mayor and City Council
November 22, 2010
Page 7
Technical & Environmental Services and Building Maintenance funds reduce
contingencies in these funds by a total of $465,141. As noted above these
changes are recommended in order to complete time sensitive projects,
complete on -going projects and take advantage of grant proceeds available
for projects that otherwise could not be undertaken.
Changes to the Water Well /Distribution Construction Fund are offset by ARRA
loan proceeds (the loan will be forgiven once the project is complete within the
guidelines of the loan agreement).
76
COUNCIL BILL NO. 2848
RESOLUTION NO. 1982
A RESOLUTION APPROVING TRANSFERS OF FY 2010 -2011 APPROPRIATIONS AND
APPROVING A SUPPLEMENTAL BUDGET.
WHEREAS, ORS 294.450(1) permits "transfers of appropriations" within any
fund "when authorized by official resolution or ordinance of the governing
body "; and
WHEREAS, ORS 294.450(2) limits "[t]ranfers of general operating
contingency appropriations to no more than ten (10) percent of the total
appropriations of the fund" unless adopted pursuant to a supplemental budget;
and
WHEREAS, transfers made pursuant to any of the above must state the
need for the transfer, the purpose for the authorized expenditure, and the
amount of the appropriation transferred; and
WHEREAS, ORS 294.480(1) (a) permits supplemental budgets when "an
occurrence of condition which had not been ascertained at the time of the
preparation of a budget for the current year or current budget period which
requires a change in financial planning "; and
WHEREAS, ORS 294.480(4) requires the governing body to hold a public
hearing on the supplemental budget "when the estimated expenditures
contained in the supplemental budget for fiscal year or budget period differ by
then (10) percent or more of any one of the individual funds contained in the
regular budget for that fiscal year "; and
WHEREAS, the following transfer is made pursuant to ORS 294.450; and
WHEREAS, the following supplemental budget is made pursuant to ORS
294.480; and
WHEREAS, a public hearing was held to discuss the supplemental budget
changes pursuant to ORS 294.480(4); NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That pursuant to the applicable ORS provisions cited above,
the City Council hereby approves the transfers of appropriations and
supplemental budget for FY 2010-2011 in the amounts listed in Exhibit "A."
Page 1 - COUNCIL BILL NO. 2848
RESOLUTION NO. 1982
77
Approved as to Form:
City Attorney Date
APPROVED:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
Kathryn Figley, Mayor
ATTEST:
Christina Shearer, City Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 2848
RESOLUTION NO. 1982
78
City of Woodburn
2010 -2011 Supplemental Budget
Exhibit A
Fund
Original
Supplemental
Revised
General
Beginning Fund Balance
(2,230,269)
(62,858)
(2,293,127)
Grants
(161,500)
(30,000)
(191,500)
Interfund Loan
-
(340,966)
(340,966)
Other
(771,420)
(4,371)
(775,791)
Human Resources
45,418
1,740
47,158
Municipal Court
195,431
9,500
204,931
Police
5,828,818
55,989
5,884,807
Nondepartmental
252,500
30,000
282,500
Transfers
113,759
340,966
454,725
Transit
Beginning Fund Balance
(114,428)
(20,745)
(135,173)
Grants
(188,000)
(150,080)
(338,080)
Materials & Services
102,949
166,395
269,344
Contingency
1,555
4,430
5,985
Parks SDC
Beginning Fund Balance
(450,000)
(90,000)
(540,000)
Grants
-
(352,729)
(352,729)
Capital Outlay
300,000
483,100
783,100
Contingency
175,000
(40,371)
134,629
Transportation Impact Fee
Transfers
-
256,500
256,500
Contingency
2,976,032
(256,500)
2,719,532
Wastewater Construction
Beginning Fund Balance
(872,545)
(390,000)
(1,262,545)
Capital Outlay
3,963,299
390,000
4,353,299
Interfund Loan
-
53,000
53,000
Contingency
200,000
(53,000)
147,000
Water Well /Distrih Contruction
Loan Proceeds
-
(2,475,661)
(2,475,661)
Interfund Loan
-
(53,000)
(53,000)
Capital Outlay
4,945,855
2,475,661
7,421,516
Transfers
-
256,500
256,500
Contingency
486,752
(203,500)
283,252
Water
Interfund Loan
-
(85,442)
(85,442)
Personal
1,091,631
40,000
1,131,631
Materials & Services
709,836
4,000
713,836
Tranfers
346,000
85,442
431,442
Contingency
113,344
(44,000)
69,344
Sewer
Interfund Loan
-
(85,442)
(85,442)
Personal
1,214,839
6,000
1,220,839
Materials & Services
1,139,870
85,442
1,225,312
Contingency
56,205
(6,000)
50,205
Information Services
Tranfers
-
(513,000)
(513,000)
Materials & Services
312,990
513,000
825,990
Self Insurance
Materials & Services
516,500
2,500
519,000
Contingency
80,000
(2,500)
77,500
Technical & Environmental Services
Personal
1,082,653
4,000
1,086,653
Contingency
151,352
(4,000)
147,352
Building Maintenance
Personal
377,570
(14,000)
363,570
Materials & Services
430,737
53,700
484,437
Contingency
43,205
(39,700)
3,505
79
W UU UB �UJI N
November 22, 2010
TO: Mayor and City Council through City Administrator
FROM: Ignacio Palacios, Finance Director and Scott Russell, Chief of Police
SUBJECT: New World System Interfund Loan
RECOMMENDATION:
Approve the attached resolution approving an interfund loan in an amount not
to exceed $513,000 from the Transportation Impact Fee (TIF) and Water
Well /Distribution Construction (WWDC) Funds to the General, Water and Sewer
Funds.
BACKGROUND:
The current accounting and police reporting systems are in need of
replacement as they are coming to the end of their service lives. The Finance
Department has researched various funding mechanisms available to the City
to finance the replacement of these systems including the following:
• A line of credit with rates ranging from 7.0 to 12.0% (and higher) with
repayment over the next 5 years.
• Vendor leasing with 1/3 down payment, with the remaining 2 /3rds balance
due in two installments over the next two years with interest rates in the
teens.
• An interfund loan due over the next 10 years with rates ranging from 1.5%
to 2.5%.
Currently, the City has reserves available in the TIF and WWDC Funds that are
earning less than 1% in the State Treasury Pool account. By funding this project
with an interfund loan the City will earn a higher rate of return on the loaned
reserved cash over the next 10 years and the City can avoid paying higher
interest rates on a loan with a third party vendor. In addition, approximately 60%
of the loan payment will be `diverted' funds that are currently paying for
maintenance agreements with a third party vendor to maintain the City's IBM
servers.
Agenda Item Review: City Administrator _x_ City Attorney _x_
Finance
:l
Honorable Mayor and City Council
November 22, 2010
Page 2
Therefore, we recommend an interfund loan from the TIF and WWDC Funds to
finance the New World Systems upgrade to be repaid over the next ten years in
annual installments with interest at 2.0% beginning in December of 2011 (See
attached amortization schedule - Exhibit A).
FINANCIAL IMPACT:
The interfund loan will be equally divided between the TIF and WWDC Funds
with each fund providing an amount not to exceed $256,500. This will reduce
the contingency in those funds to $2,719,532 and $430,252, respectively.
Splitting the loan between the two funds in will minimize the impacts on the
contingency in those funds. The loan proceeds will be transferred to the
General, Water and Sewer funds to be used to fund the upgrade project. The
General Fund will receive $340,966 of the proceeds (or 66%) and the remaining
proceeds will be split equally between the Water and Sewer funds ($85,442 or
17%).
Beginning in December of 2011 an annual payment will be made from the
General, Water and Sewer funds totaling $56,534 including interest to the TIF and
WWDC Funds through December 2020.
81
COUNCIL BILL NO. 2849
RESOLUTION NO. 1983
A RESOLUTION AUTHORIZING AN INTERFUND LOAN FROM THE TRANSPORTATION
IMPACT FEE AND WATER WELL DISTRIBUTION CONSTRUCTION FUND TO THE
GENERAL, WATER AND SEWER FUNDS FOR THE PURPOSE OF UPGRADING THE
CURRENT ACCOUNTING AND POLICE REPORTING SYSTEMS.
WHEREAS, the current accounting and police reporting systems are
nearing the end of their useful lives; and
WHEREAS, ORS 294.460 authorizes the use of interfund loans provided that
the loan is repaid in full with interest in ten (10) years from date of the loan; and
WHEREAS, there are sufficient funds available in reserves in the
Transportation Impact Fee and Water Well Distribution Construction funds to
make loan; and
WHEREAS, there are sufficient funds available in the General, Water and
Sewer Funds to repay loan in annual installments with interest; and
WHEREAS, the City Council desires to provide funding for the accounting
and police reporting upgrade project; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That an amount not to exceed $513,000 be loaned to the
General, Water and Sewer funds from the Transportation Impact Fee and Water
Well Distribution Construction funds as described in the attached Exhibit A.
Section 2. The loaned amount will bear interest at an annual rate of 2.0%
and shall be payable December of each year beginning in 2011.
Approved as to Form:
City Attorney
Page 1 - COUNCIL BILL NO. 2849
RESOLUTION NO. 1983
Date
APPROVED:
Kathryn Figley, Mayor
82
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Christina Shearer, City Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 2849
RESOLUTION NO. 1983
83
NWS Upgrade Interfund Loan
Amortization Schedule
Exhibit A
Loan Amount
$
512,000.00
Interest
2.0%
Payment
$
56,533.07
Pay #
Balance
Payment
Principal
Interest
0 $
512,000.00
1
465,280.21
$
56,533.07 $
46,719.79 $
9,472.00
Payment
56,536.20
2
417,617.42
56,533.07
47,662.79
8,607.68
Loan amount
511,850.00
3
368,992.58
56,533.07
48,624.84
7,725.92
No. of paymen
10
4
319,386.28
56,533.07
49,606.30
6,826.36
Interest
1.85000%
5
268,778.72
56,533.07
50,607.57
5,908.65
6
217,149.67
56,533.07
51,629.05
4,972.41
7
164,478.52
56,533.07
52,671.15
4,017.27
Total Principal
512,000.00
8
110,744.23
56,533.07
53,734.28
3,042.85
Total Interest
53,656.53
9
55,925.36
56,533.07
54,818.87
2,048.77
10
0.00
56,533.07
55,925.36
1,034.62
Total Paid
565,656.53
$
565,330.66 $
512,000.00 $
53,656.53
Payment Allocation
Prin and Int
General $
37,312
$
373,118
Water
9,611
96,106
Sewer
9,611
96,106
Total $
56,534
$
565,334
,.