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02-14-2011 Agenda
CITY OF WOODBURN CITY COUNCIL AGENDA FEBRUARY 14, 2011 - 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 and the Library will be closed on Monday, February 21 St for President's Day. The Aquatic Center will be open during normal business hours. Al212ointments B. Park Board Appointment C. Budget Committee Appointment 4. COMMUNITY /GOVERNMENT ORGANIZATIONS A. Chamber of Commerce B. Woodburn School District 5. PROCLAMATIONS /PRESENTATIONS Proclamations None. Presentations A. Boys & Girls Club Teen Center Presentation B. 2010 Annual Crime Report 6. COMMUNICATIONS I2 0TOT0 7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council consideration not already scheduled on the agenda. 1 2 "Hawa int &rpretes bisponVes Para aqudfas personas que no �Afan Ingf&s, previo acuerbo. Comuniquese of (503) 980 -2485." February 14, 2011 Council Agenda Page i 8. CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be adopted by one motion. Any item may be removed for discussion at the request of a Council member. A. Woodburn City Council minutes of January 24, 2011 3 Recommended Action Approve the minutes. B. Planning Commission minutes of December 9, 2010 6 Recommended Action: Receive the minutes. C. Community Services Statistics for November 2010 9 Recommended Action: Receive the report. D. Liquor License Change of Ownership- Limited Premises Sales 10 Recommended Action: The Woodburn City Council Recommend that the OLCC approve a Liquor License Change of Ownership - Limited Premises Sales application for the 7 Seas Restaurant and Bar. 9. TABLED BUSINESS None. 10. PUBLIC HEARINGS None. 11. GENERAL BUSINESS - Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the City Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral prerogative. A. Council Bill No. 2855 -A Resolution Setting New Fare Schedule for 20 Fixed Route Transit and Para - Transit Public Transportation Services Recommended Action: Adopt the Resolution B. Council Bill No. 2856 - A Resolution Endorsing the Woodburn 25 Strategic Economic Development Plan and Directing the City Administrator To Consider the Recommendations Contained in the Plan in the City Budget Process Recommended Action: Adopt the Resolution February 14, 2011 Council Agenda Page ii C. Authorization to Enter into a Four -Way Agreement with 53 McDonald's Corp., Greentree Enterprises Inc., ODOT and City of Woodburn for Access Control and Associated Street Modifications at 2910 OR Hwy 214 Recommended Action: Authorize the City Administrator to execute, on behalf of the Council as the Local Road Authority, an Agreement with McDonald's Corporation, Greentree Enterprises Inc, Oregon Department of Transportation (ODOT) and the City of Woodburn, to modify approaches to Lawson Avenue and road improvements to Lawson Avenue and Evergreen Road. D. Weed & Seed IGA with Marion County Juvenile Department for 60 Tracker Program Services Recommended Action Authorize City Administrator to enter into an Intergovernmental Agreement with Marion County for Probation officerservices in support of the Weed & Seed Tracker Program 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 February 14, 2011 Council Agenda Page iii W ODB URN TO: City Council FROM: Kathy Figley, Mayor SUBJECT: Park Board Appointment I February 9, 2011 The following appointment is made, subject to the approval of the Council. Please forward any adverse comments to me prior to the Council meeting on Monday, February 14, 2011. No reply is required if you approve of my decision. PARK BOARD COMMITTEE Appointment o Claudia Urias- Guerrero 1 W V D February 9, 2011 TO: City Council FROM: Kathy Figley, Mayor SUBJECT: Budget Committee Appointment The following appointment is made, subject to the approval of the Council. Please forward any adverse comments to me prior to the Council meeting on Monday, February 14, 2011. No reply is required if you approve of my decision. BUDGET COMMITTEE Appointment o Dagmar Kinne 2 COUNCIL MEETING MINUTES JANUARY 24, 2011 0:00 0:01 0:02 0:09 DATE COUNCIL CHAMBERS, CITY HALL, CIT Y OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JANUARY 24, 2011. 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 Wellspring. . ,:'.V COMMUNITY /GOVERNMENT REPORTS A. Chamber of Commerce — Don Judson, Executive Director of the Woodburn Area Chamber of Commerce congratulated the City on being named the Chamber Large Business of the Year. He also congratulated Community Services Director Jim Row for his leadership in guiding the continuance of the 2010 Woodburn Fiesta. Woodburn School District — David Bautista, Superintendent of the Woodburn School District announced that Irene Novichihin, principal of Heritage Elementary was 'hvited to a Russian language summit organized by Portland State and Oregon State tv.Qrsities. Superintendent Bautista also announced that the Oregon Department of Ecpn recognized two Valor Middle School and the Woodburn Academy of Arts, Scieri' "'"'"'� Technology for their efforts to close achievement gaps. A. Approve the Woodburn City Council minutes of January 11, 2011, B. approve the Woodburn City Council Workshop minutes of December 20, 2010 C. accept the Woodburn Public Library Board minutes of January 12, 2011, and D. accept the Crime Statistics report for January 2010 through December 2010. McCallum/Pugh... the Consent Agenda. The motion passed unanimously. CONSENT AGENDA Page 1 - Council Meeting Minutes, January 24, 2011 9 COUNCIL MEETING MINUTES JANUARY 24, 2011 0:10 COUNCIL BILL NO. 2853 — AN ORDINANCE UPDATING THE STATUTORY REFERENCES CONTAINED IN THE CITY OF WOODBURN'S EXISTING LOCAL SOCIAL GAME DETERMINATION MADE PURSUANT TO STATE LAW; REPEALING ORDINANCE 1996; AND DECLARING AN EMERGENCY McCallum introduced Council Bill 2853. Recorder Shearer read the two readings of the bill by title only since there were no objections from the Council. Councilor Pugh asked for clarification regarding the applicability of this ordinance (specifically related to Oregon Lottery games). Councilor Schmidt asked for clarification regarding Bingo games and raffles. Chief Russell stated that those games are regulated by the State Attorney General's Office. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2853 duly passed. 0:17 COUNCIL BILL NO. 2854 — AN ORDINANCE ADOPTING AQUATIC CENTER FEES FOR INCLUSION IN THE MASTER FEE SCHEDULE; REPEALING ALL AQUATIC CENTER FEES AND CHARGES THAT ARE INCONSISTENT WITH THIS ORDINANCS; AND DECLARING AN EMERGENCY McCallum introduced Council Bill 2854. Recorder Shearer read the two readings of the bill by title only since there were no objections from the Council. Councilor Lonergan asked when the fees were last updated. Community Services Director Row replied that it had been 2 -3 years. Councilor Lonergan also asked about the methodology used to develop the fees. Director Row stated that the fees were developed by the consultant with the idea of determining what the market will bear based on alternative recreation activities. City Administrator Derickson pointed out that these fee changes do not necessarily need to be permanent and can be modified as experience dictates. Councilor Cox would like to see resident/non- resident use tracked. Councilor McCallum asked how the new fees will be communicated to users. Director Row described the various marketing methods to be utilized and explored. Councilor Schmidt asked how much revenue will be raised by the fee increase. Director Row replied that there are no estimates at this time, but projects that figures may be available in time for 2011 -12 budget development. City Administrator Derickson also clarified that the goal is not 100% cost recovery, even if the consultant is quite optimistic about revenue recovery. The City is striving for a 50% cost recovery which would result in approximately $250,000 in savings. Councilor Schmidt expressed concern that a fee increase would reduce attendance. Director Row replied that the expansion of programs and increased marketing should offset any initial decline in attendance. Councilor Morris stated that the daily rate proposed compares favorably to the Kroc Center in Salem. Mark Prewitt of 443 Willow Ave, Woodburn had questions about the turnaround plan. He questions the need for the consultant as he asserts the basic information in the report was contained in the Parks Master Plan. Director Row clarified that the current report is much more focused on the Aquatic Center and contains more detailed recommendations. City Administrator Derickson also clarified that the financial position of the City, and the sustainability of the Aquatic Center has changed, necessitating that action be taken to preserve the Aquatic Center and its programs. Mr. Prewitt also questions the method of Page 2 - Council Meeting Minutes, January 24, 2011 rd COUNCIL MEETING MINUTES JANUARY 24, 2011 1:20 implementation, the proposed changes applicability to this particular community, and the price sensitivity of Woodburn residents. City Administrator Derickson commented on the cost recovery approach of the proposed fees and remarked that if the market cannot bear the fees, staff will return with a modified fee schedule. Derickson. On roll call vote for final passage, the bill passed unanimously declared Council Bill No. 2854 duly passed. Council discussed the testimony by Mr. Prewitt Director Row and City Administrator CITY ADMINISTRATOR'S REPORT A. Staff would like to have a sound check at 1:22 MAYOR AND COUNCIL REPORTS Councilor McCallum complimented City Mayor Figley lthe E- Blurb. He also corrected the previously announced dates for Relay for Life. The correct dates are June 24 & 25 th . • Councilor Morris expressed well wishes for Lincoln City Officer Steve Dodds. 1:24 ADJOURNMENT ATTEST Im McCallum/Lonergan... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:25 p.m. Christina M. Shearer, Recc City of Woodburn, Oregon Page 3 - Council Meeting Minutes, January 24, 2011 KATHRYN FIGLEY, MAYOR 9 WOODBURN PLANNING COMMISSION MEETING MINUTES December 9, 2010 CONVENED: The Planning Commission met in a regular session at 7:00 p.m. in the City Hall Council Chambers, with Chairperson Bandelow presiding. ROLL CALL Chairperson Bandelow Present Vice- Chairperson enntns Present Commissioner +oirnang Present Commissioner Absent Commissioner '. Pi ` er Present �� , Staff Present Jim Hendryx, Director of Economic and Development Services Don Dolenc, Associate Planner Jon Stuart, Assistant City Attorney Chairperson Bandelow opened the meeting at 7pm. Vice - Chairperson Jennings led the Commissioners in the flag salute. Minutes A. Woodburn Planning Commission Meeting Minutes of October 14, 2010 Commissioner Jennings moved to accept the minutes as written, and Commissioner Piper seconded the motion. The motion was carried unanimously. Business from the Audience There was none. Communication There was none. Reports Jim Hendryx, Director of Economic and Development Services noted that the applicant for DR 2010 -07; VAR 2010 -06: 2929 N. Pacific Highway called and requested the delay of the public hearing since they were delayed in traffic. The Commission approved proceeding with reports from the Director. Hendryx provided an update on the sign revisions, noting that the City Council is interested in amortization. Vice - Chairperson Jennings provided additional information. Planning Commission Meeting — December 9, 2010 Page 1 of 3 Public Hearing A. Staff Report DR 2010 -07; VAR 2010 -06: 2929 N. Pacific Highway Chairperson Bandelow noted that the applicants had arrived and opened the public hearing on DR 2010 -07, VAR 2010 -06. Commissioner Piper noted that his aunt and uncle are the owners of this property, but that this would not affect his decisions. Vice - Chairperson Jennings indicated that he knew the owner of the business; however, his decisions would not be influenced. There were no objections from the audience. Associate Planner Don Dolenc presented a staff report about the proposed project, outlining the request and applicant review criteria. He introduced Exhibit E, a revised site plan, into the record. Chairperson Bandelow followed up with questions on Exhibit E, noting that the site plan now conforms to the recommendations. Vice - Chairperson Jennings asked about the non - conforming nature of the pole signs. He questioned the reasoning for the sign removal, and asked about the triggers that would cause the signs to be removed. Commissioner Piper reviewed the non - conforming provisions of the code and questioned why one provision is allowed nonconforming uses (landscaping, parking, etc), while other provisions do not allow non - conforming pole signs. Public Comments: Norman Harker, 1403 Washington, Vancouver, WA 98660, representing the applicant, spoke about his appreciation for the professional response to the request under consideration. He noted that the site plan has been revised and meets all standards. He provided a further revised site plan, which was put into the record as Exhibit F. Harker noted the reasoning behind the signage variance and reviewed the justification for approval. Jim Schlatter, 16716 NW 61 Ave, Ridgefield, WA 98642 (applicant), stated that his company has been located at 2929 N. Pacific Highway for 25 years, and recounted the history of the site. He noted that the signs are important to their business, which is planning to add 3 -4 family wage jobs. Signs were part of their franchise agreement with the farm implement providers. No one else spoke either in support or opposition to the application. Commissioner Jennings moved for approval, authorizing the Chair to sign a Final Order on DR 2010 -07, VAR 2010 -06. Commissioner Piper seconded the motion. The motion was unanimously passed. Planning Commission Meeting — December 9, 2010 Page 2 of 3 7 Items for Action There were no items for action. Reports Economic and Development Services Director Jim Hendryx provided information on the 99E Corridor Project. Vice - Chairperson Jennings, the Planning Commission's representative to the Citizen's Advisory Council (CAC) on the 99E Corridor Project, provided insight into issues affecting property owners Hendryx reminded the commission that elections are scheduled for their first meeting in 2011. He also clarified that the bylaws will be amended to clarify elections occur at the Commission's first meeting each year. Chairperson Bandelow raised the issues of need for every project to receive a street exception. The Commissioners discussed this issue at length. Commissioner Piper raised the issue on the industrial zoning along 99E, north of Highway 214. Adjournment Commissioner Jennings made a motion to adjourn the meeting. Commissioner Piper seconded the motion,,, nd the meeting was adjourned at 8:O5pm. APPROVED Ellen Bandelow, CHAIRPERSON Date ATTEST James N.P. Hendryx - 5,1 Economic & Development Services Director City of Woodburn, Oregon - L " Date Planning Commission Meeting — December 9, 2010 Page 3 of 3 L-13 Community Services Statistics Leisure Services Nov -09 Nov -10 2009 YTD 2010 YTD Revenue - $1,778.30 - $5,086.26 $58,410.12 $58,747.27 Expendituresl $18,314.26 $34,653.60 $145,204.37 $245,190.36 Attendance Youth Sports Adult Sports Youth Programs Adult Programs After School Club Special Events Aquatics Revenue Expenditures Cost Recovery Attendance Lesson Enrollment Group Adults Private 4th grade TOTAL: Library Revenue Expenditures Services Attendance Circulation Attendance Adult Programs Youth Programs Volunteer Hrs Computer Usage Adult Youth $10,597.10 $14,154.77 $58,124.10 $50,547.19 1 1 5,856 4668 8741 947 1 1 $10,597.10 $14,154.77 $58,124.10 $50,547.19 181 281 5,856 4668 574 647 38 8 16 22 244 270 8741 947 Department 10 -11 Page 1 W UU UB �UJI N AY4^4� Wff'% February 14, 2011 TO: Honorable Mayor and City Council through City Administrator THRU: Scott Russell, Chief of Police FROM: Doug Garrett, Captain SUBJECT: Liquor License Change of Ownership- Limited Premises Sales RECOMMENDATION The Woodburn City Council recommends that the OLCC approve a Liquor License Change of Ownership - Limited Premises Sales application for the 7 Seas Restaurant and Bar. BACKGROUND Applicant: Sotero Encisco Chavez 1505 James St. Woodburn, OR 97071 951 -575 -6122 (HM) 503 - 982 -3838 (Wk) Business: 7 Seas Restaurant and Bar 595 N. Pacific Hwy #B Woodburn, OR. 97071 503 - 982 -3838 (WK) Owner: Same as Applicant (Above) License Type: Liquor License Change of Ownership and Limited On- Premises Sales, which allows the sale of malt beverages, wine and cider in factory sealed containers for consumption on the licensed premises and the sale of kegs of malt beverages for off premises consumption. Also allows licensees who are pre- approved to cater events off of the licensed premises. Agenda Item Review: City Administrator _x_ City Attorney _x Finance 10 Honorable Mayor and City Council February 14, 2011 Page 2 On January 25, 2011, the Woodburn Police Department received a new application requesting approval for a Change of Ownership and Limited Off - Premises Sales for the & Seas (Mares) Restaurant and Bar located at 595 N. Pacific Highway #B, Woodburn, Oregon. This location is currently the 7 Seas (Mares) Restaurant and Bar which possesses a Limited On- Premises Sales License through the Oregon Liquor Control Commission. The business will be open Thursday through Friday, 11:00 a.m. to 2:30 p.m., Saturday and Sunday, 8:00 a.m. to 2:30 p.m. This is an establishment which will serve malt beverages, wine and cider beverages as well as hot food. There will be recorded and disc jockey music, karaoke, video lottery games and pool tables. The Police Department has received no communication from the public or surrounding businesses in support of, or against this change. DISCUSSION The Police Department has completed a background investigation, in connection with the OLCC, on the applicants and found nothing of a questionable nature, which would preclude the issuance of this license. FINANCIAL IMPACT a17T_ 11 OREGON LIQUOR CONTROL COMMISSION r LIQUOR LICENSE APPLICA s�lJ LICENSE TYPES 49;IONS ❑ Full On- Premises Sales ($402.60/yr) VChange Ownership ❑ Commercial Establishment ❑ New Outlet ❑ Caterer ❑ Greater Privilege ❑ Passenger Carrier ❑ Additional Privilege ❑ Other Public Location ❑ Other ❑ Private Club Limited On- Premises Sales ($202.60/yr) ❑ Off - Premises Sales ($100 /yr) ❑ with Fuel Pumps • Brewery Public House ($252.60) • Winery ($250 /yr) ❑ Other: 9FAY AUTHORITY Check here if you are applying for a change of ownership at a business that has a current liquor license, or if you are applying for an Off - Premises Sales license and are requesting a 90 -Day Temporary Authority APPLYING AS: ❑Limited ❑ Corporation ❑ Limited Liability Vf Individuals Partnership Company +� 11 581101 31eouwvvt" ,1 0. ' t { CITY AND COUNTY USE ONLY 5 10Jj V Date application received: / °o?S -/I The City Council or County Commission: (name of city or county) recommends that this license be: ❑ Granted ❑ Denied By: (signature) (date) Name: Title: OLCC USE ONLY Application Recd by: !_ Date: f I ta 1 90 -day authority: ❑ Yes ❑ No 1. Entity or Individuals applying for the license: [See SECTION 1 of the Guide] O �J0 - re r© i� L1 so C! av&z 0 2. Trade Name (dba): ! 5eas �< 3. Business Location: 59 V . Tact 6 G Yw y wtv A gn 1% j c^r► O R- 9 707/ (number, street, rural route) I (city) (county) (state) (ZIP code) 4. Business Mailing Address: (PO box, number, street, rural route) (city) (state) (ZIP code) 5. Business Numbers: 5v3� l ga -A H S VA.0' (phone) (fax) 6. Is the business at this location currently licensed by OLCC? kYes ❑No 7. If yes to whom: 0 W V l t d __P0. m '�1 Type of License: .C.; m' t �� Pry � 8. Former Business Name: 7 Alin res Rcs n - k 9. Will you have a manager? ❑Yes 0V0 Name: (manager must fill out an Individual History form) 10. What is the local governing body where your business is located? (�;t oC woor (name of city or county) 11. Contact person for this application: �c/�► a C • Va �Pr0. 503) 130 -, ��, (name) ph ne number(s)) LA� U R- ?7YO t 17 3 6 --"' ito .cow (addres) (fax number) tj (e -mail address) �p I understand that ' my eansw are not true and complete, the OLCC may deny my r— Appli t s S' ature(te: O Date ] '3 O ORE GON UQUOR CONTROL COMMISSION Ott 0 Date JAN 0 IDNe 1- 800 - 452 -OLCC (6522) • www.oregon.gov /olcc SALEM REGIONAL OfFRGE9> 12 OREGON LIQUOR CONTROL COMMISSION INDIVIDUAL HISTORY PLEASE PRINT OR TYPE YOU MUST ANSWER ALL QUESTIONS ON THIS FORM. IF THE QUESTION DOES NOT APPLY, WRITE N/A IN THE SPACE. ATTACH ADDITIONAL SHEETS IF NECESSARY. L_ // f Trade Name (d.b.a.): 7 S( �.zSU '� City: 1. Name: G °I4PJ Ck. "era?Z S,r ,Vo (last) (first) (middle) 2. Other names used (maiden, other): - 5"T — e,-r a c C 3. Residence Address: f `5 0--Z-) Ta "''Z S s °�- 1, 0 (number and street) (city) (state) (ZIP code) 4. Home Phone:( l ) � ��1�' Business Phone: ( 6 -0 3 — F � ?3`� 5. *SSN: �l - .��- - ' ',t 7 '; 0 Place of Birth: Jc'� DOB: /9- / / / G� /T Sex: M 1 1 F (State /Country) (mm) (dd) (yyyy) 6. Driver License or State ID #: y— State: Spouse's name: 7. List all states, other than Oregon, where you have lived during the past ten years: 8. Do you currently hold, or have you ever held a liquor license in this or any other state? _Yes E"No If yes, when, where and name of premises? All 9. In the past twelve years, have you been convicted of = violation, misdemeanor or felony? P"Yes _No If yes, what, when and where? 5; A fhn,c A ,i ?,.et 10. Have you ever entered into a diversion agreement? _Yes ) No If yes, when and where? 11. Do you have any arrests or citations that have not been resolved? _Yes /No If yes, arrested /cited for: Ar i Date County /City /State/ 12. If you are applying for a retail liquor license: a. Do you have any financial interest, direct or indirect, in any manufacturer or distributor of alcohol? _Yes 11"'No If yes, what and where: 4 - /,t'` b. Does any person having a financial or ownership interest in a manufacturer or distributor have an interest in, or potential claim upon your business or premis s for instance through investment, a loan, lease or contract? ---Yes t1 No If yes, who? N 7 4 13. Have you ever had a warning, violation, suspension, fine, cancellation or efusal as a licensee or service permittee, in Oregon or any other state? _Yes �No If yes, when: 4 where: MY ANSWERS ARE NOT TCi3k�D E T PLETE, THEY DENY MY LICENSE APPLICATIONORDS. IUNDERSTAND IF Applicant Signature "J Crc — 1,3 Date: 11.. *SOCIAL SECURITY NUMBER DISCLOSURE As part of your application for an initial or renewal license, Federal and State laws require you to provide your Social Security Number (SSN) to the Oregon Liquor Control Commission (OLCC) for child support enforcement purposes (42 USC § 666(a)(13) & ORS 25.785). The OLCC will refuse a license to any applicant or licensee who fails to provide his /her SSN. Your SSN will be used only for child support enforcement purposes unless you sign below. Based on our authority under ORS 471.311 and OAR 845 - 005 - 0312(6), we are requesting your voluntary consent to use your SSN for the following administrative purposes only: to match ur license application to your Alcohol Server Education records (where applicable), and to ensure your identity for criminal rem c . he OLCC will not ny ou any rights, benefits or privileges otherwise provided by law if you do not consent to use of your SSN foytf9 adm' strative purpos (5 ,WSC § 552(a)). If you consent to these uses, please sign here. Applicant Signature , pv r 4,9 /A Search Completed 1- 800 - 452 -OLCC (6522) JAN 0 6 2 1 www.oregon.gov /olcc (rev. 12/07) 4 5 1 0 0 1 A 1 13 OREGON LIQUOR CONTROL COMMISSION Print Form STATEMENT OF FUNDING SOURCES Please Print or Type Each person who invests money in this licensed business must complete this form which will become a part of the permanent file. The information must be printed legibly in ink or typed. New outlet, change of ownership, change of location Not including amounts you will owe on contract what is the approximate total amount you will put into this business to buy or start it up? (For example: advance rent payment, down payments on contracts, buying inventory, remodeling, city and licensing fees, purchasing stock in a corporation or membership interest in an LLC. Total $ • '7 Change to existing license (greater privilege, additional privilege, change in legal entity, extension of premises, remodel) What is the approximate total amount you will put into making the change you are requesting? (For example: buying inventory, remodeling, city and licensing fees, purchasing stock in a corporation or membership interest in an LLC.) Total $ � , 'YCO . — Identify where you got your investment money. List the full name of the bank, lender, or person who loaned or gave you money. The total in this section should be equal to, or more than, the total amount listed above. Liz -4 coo- & $ I $ Sworn Statement: I swear the above information is true, accurate and complete. I understand that the OLCC may require me to give proof of the above information and that if the information is not true, accurate or complete the OLCC may prosecute me criminally for False Swearing under ORS 162.075. The OLCC may also refuse to grant my license application or if the license is granted may act to revoke my license based on a false sworn statement. Trade Name (d.b.a.) 7 Sets f , ?`I 0,"�►'� r' Printed Name / S�� i Signatu 1- 800 - 452 -OLCC (6522) www.oregon.gov/olcc City 1?1aacl /�.. -» Date (rev. 05110) 14 a —,-- At r�`, wtem �hd l ✓�l��f H 14(4 VY i II 11 7, z T f c AL V I. — - -- e 00 1 � h n-► rte. ay� �o Y �c,� � .. t n j I I ------ II • OREGON LIQUOR CONTROL COMMISSION BUSINESS INFORMATION Please Print or Type Applicant Name: Che all that apply: C Phone 3 9 —3T32� Trade Name (dba): 7 5;z as T`s�a.0 The outdoor area is used for: ra t 0 --?d Business Location Address: 1 5 0 1 5 - JV - i���� �� =� h Y City: woojtxk� ZIP Code: 70 71 Seasonal Variations: ❑ Yes E�No If yes, explain: 1 Che all that apply: DAYS • - O Business Hours: Outdoor Area Hours The outdoor area is used for: Sunda Sunday 'AlPl to a , 3o � � �_ Sunday � `,T n" to 1 / t ❑Food service Hours: o Monday c'.i( r. I to i', ,)�,�4 Monday T to ❑ Alcohol service Hours: to Tuesday to + Tuesday to ❑Enclosed, how Wednesday w to ++ Wednesday to �/ LY] Video Lottery Machines Thursday ^ n to a =30 A!1 Thursday to The exterior area is adequately viewed and /or Friday N AM to 1 =30 4 M Friday to supervised by Service Permittees. Saturday A/A to ;:3c' h Saturday to (Investigator's Initials) Seasonal Variations: ❑ Yes E�No If yes, explain: 1 Restaurant: Outdoor: E Other (explain): Lounge: Banquet: Total Seating: 3 OLCC USE ONLY Investigator Verified Seating:_(Y) _(N) Investigator Initials: 1 I understand if my answers t tr and com , the OLCC may deny my license application. Applicant Signatur Date: 1- 800 - 452 -OLCC (6522) r www.oregon.gov/olcc (rev. 12/07) 16 Che all that apply: DAYS • - O ❑ M ( Live Music Karaoke Coin Games Sunday to lJ Recorded Music - operated Monday to Ll DJ Music �/ LY] Video Lottery Machines Tuesday to Wednesday to ❑ Dancing ❑ Social Gaming Thursday to ❑ Nude Entertainers ® Pool Tables Friday Saturday to to ❑ Other: Restaurant: Outdoor: E Other (explain): Lounge: Banquet: Total Seating: 3 OLCC USE ONLY Investigator Verified Seating:_(Y) _(N) Investigator Initials: 1 I understand if my answers t tr and com , the OLCC may deny my license application. Applicant Signatur Date: 1- 800 - 452 -OLCC (6522) r www.oregon.gov/olcc (rev. 12/07) 16 AIMN OREGON LIQUOR CONTROL COMMISSION WRITTEN PROPOSAL FOR A FULL ON- PREMISES SALES LICENSE COMMERCIAL ESTABLISHMENT Please Print or Type Trade Name (dba): 7 $6 off rl City: l"O©J b 1 I will offer at least five different meals during my regular meal period. My regular meal period must last at least 3 hours if my business is open past 5 PM, and must last at least 2 hours if my business is not open after 5 PM. My regular meal period will be from G pr! to v pj" (start time) (end time) Ally menu for this regular meal period is attached At all other times I will make at least five different substantial food items available in all areas where alcohol service is available. Substantial food items are food items that are typically served as a main course or entree. Some examples include but are not limited to fish, steak, chicken, pasta, pizza, sandwiches, dinner salads, hot dogs, soup and sausages. 0 My menu of substantial food items is attached; or 133"'My entire menu is available during all hours that alcohol service is available. During my required meal period, I will have at least (number) indoor dining seats at tables or food counters. This seating will be in areas of the licensed premises regularly open to the general public. (Note: Seats at counters in entertainment areas, seats at bars, and seats in outdoor areas do not qualify as dining seating.) I have attached a floor plan showing the seats at tables, counters and bars in indoor and outdoor areas where alcoholic beverages will be sold, served, or consumed at my business. I understand that I must make food available to patrons in all areas where alcohol service is available. I understand that discouraging food service is a violation of OAR 845 - 006 -0466. Examples of discouraging food service include not taking, preparing, or delivering a food order in a timely manner; over - pricing food for the clientele of my business; offering or serving unpalatable food; failing to provide required food service; and failing to provide a food service menu in a timely manner when requested by the patron. I understand that if m an ers are not true omplete, the OLCC may deny my license application. Signature: Date: } /a 1- 800 - 452 -OLCC (6522) www.oregon.gov /olcc (rev. 05109) 17 � L1 O �P OREGON LIQUOR CONTROL COMMISSION FLOOR PLAN Trade Name (dba): 1- 800 - 452 -OLCC (6522) www.oregon.gov/olcc (rev. 12/07) 18 0 Your floor plan must be submitted on this foam. • Use a separate Floor Plan Form for each level or floor of the building. • Applicants must provide a sketch that shows the specific area of the premises (e.g. dining area, bar, lounge, kitchen and restrooms). Full On- Premises (commercial establishments) applicants must also show dining tables. See example on back. PAYMENT DATE: REVENUE STATION: CA 1/20/2011 CITY HALL CITY OF WOODBURN Finance Department 270 Montgomery St. Woodburn, OR 97071 (503) 982 -5215 RECEIPT NO.: CASHIER: 110038161 SUZANNEYB 19 W UU UB �UJI N AY4^4� Wff February 14, 2011 TO: Honorable Mayor and City Council through City Administrator FROM: Dan Brown, Public Works Director SUBJECT: WOODBURN TRANSIT SYSTEM FARE INCREASE FIXED ROUTE AND PARATRANSIT SERVICES RECOMMENDATION After receiving public input, adopt the attached resolution setting a new fare schedule for the Woodburn Transit System fixed route and para- transit services. BACKGROUND The City last adjusted the fare schedule for the Woodburn Transit System fixed route and para- transit services in July 2003 with Resolution No. 1724. The recently approved Transit Plan Update identified that the Woodburn Transit System was under - recovering for para- transit services being provided per state and federal standards for public transit providers. The current fare schedule recovers approximately 7 percent of the total operating costs. The remaining 93 percent of the operating costs are provided by state and federal grants and City General Fund contribution. The recently completed Transit Plan Update revealed that the City's fare contribution percentage is below comparable transit providers in the region. DISCUSSION The proposed fare increase will raise the fare contribution to the total cost of operations from the current 7 percent level to 12 -13 percent, which is more in line with other public transit providers within our region. The proposed fare schedule includes an increase in the fixed route service from $1.00 per trip to $1.25 per trip. The para- transit service is increased from $1.50 per trip to $2.50 per trip. State and federal guidelines allow a public transit provider to charge up to twice the fixed -route fee for para- transit services. The City has historically charged a fare less than twice the fixed route fare by policy. Agenda Item Review: City Administrator _x City Attorney _x Finance 20 Honorable Mayor and City Council February 14, 2011 Page 2 For FY 2009/2010 Woodburn Transit Fixed Route Bus provided rides to approximately 26,000 passengers and Dial -A -Ride Para - transit to approximately 6,800 passengers. Dial -A -Ride ridership is up approximately 35 percent over the same period last year and Fixed Route Bus ridership is up about 12 percent for the current fiscal year ending June 30, 2011 (FY 2010/2011). Historically operating costs per passenger for para- transit services in all transit entities is substantially higher than the fixed route service. In Woodburn, it is in the order of $26 /passenger for Dial -A -Ride Para - transit vs. $6.15 /passenger for Fixed Route Bus. Para - transit service is used by eligible elderly and disabled clients who cannot navigate to or manage boarding or de- boarding the fixed route bus. Due to recent increases in eligible clients, the Dial -A -Ride program ridership has increased. This service provides door -to -door service. The fixed route service runs on a one hour fixed schedule, which is not always accessible for all elderly and disabled residents of Woodburn. To use the para- transit services patrons must go through a prequalification process as presented in the recently approved ADA Para - transit Plan Update (available on the Transit web site). All patrons not eligible for the para- transit service are directed to use the fixed route bus. Raising the Dial -A -Ride Para - transit rate to $2.50 will bring Woodburn Transit Service fares up to the level of other transit agencies fares in addition to helping with the cost of operating the para- transit system. The City's process for determination of eligibility to use para- transit services does not deny service to elderly or disabled citizens that prequalify demonstrating a reasonable need. The proposed fare schedule will allow more local funds to be available for public transit. These funds are needed to provide required match for state and federal grants that provide the bulk of financing for the Woodburn Transit System. Currently, the City is limited on the amount of state and federal grant monies we can apply for due to the limited on the amount of local funds available to meet our match obligations. FINANCIAL IMPACT The recommended fare schedule increase is projected to result in an additional $11,125 of local revenue for the Woodburn Transit System based on current levels of ridership. This locally generated revenue, in conjunction with the current General Fund contribution of $151,000 annually, is $162,125 available for local match for state and federal grants. This match can be leveraged for state and federal grants to allow the City to continue to improve the level of service provided for public transit users in Woodburn. 21 Honorable Mayor and City Council February 14, 2011 Page 3 Comparison of Woodburn Transit Fares to Other Providers in the Region Note: (1) Neighboring Providers are charging from "' - 11 '. I , more than Woodburn For both their Fixed Route and Dial -A -Ride sit services. (2) Woodburn Transit Fares have not increased since 2003. (3) Proposed fares are a 25% increase in Fixed Route Fare and 66% Increase in DAR Fare. 22 One -Way Fares Charged Fixed Route Dial -A -Ride (paratransit) Service Provider Cherriots /Cherry Lift (SKT)) $1.50 $3.00 CARTS/ Wheels (OHAS) $2.00 Donation based Program Wilsonville (SMART) $2.50 $2.00 Woodburn Transit (Current Fares) $1.00 $1.50 Proposed WTS Fares $1.25 $2.50 Note: (1) Neighboring Providers are charging from "' - 11 '. I , more than Woodburn For both their Fixed Route and Dial -A -Ride sit services. (2) Woodburn Transit Fares have not increased since 2003. (3) Proposed fares are a 25% increase in Fixed Route Fare and 66% Increase in DAR Fare. 22 COUNCIL BILL NO. 2855 RESOLUTION NO. 1987 A RESOLUTION SETTING NEW FARE SCHEDULE FOR FIXED ROUTE TRANSIT AND PARA- TRANSIT PUBLIC TRANSPORTATION SERVICES WHEREAS, the fares for the City of Woodburn Transit System, both fixed - route and para- transit, public transportation services require an increase to be effective July 1, 2011 in order to sustain level of services without increasing tax based subsidy in Fiscal Year 2011-2012 budget; and WHEREAS, the City of Woodburn Council established fares for the City's fixed route and para- transit public transportation services provided by the Woodburn Transit System; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn establishes the following fare structure for public transportation services: Fixed Route Service 0 to 6 years of age Free 6 years of age and above $1.25 20 Ride Pass $20.00 Para - Transit Service One -way $2.50 Round Trip $5.00 Section 2. That the fares schedule outlined above in Section 1 are effective July 1, 2011. Approved as to form: City Attorney Date APPROVED: Page 1 - Council Bill No. 2855 Resolution No. 1987 Kathy Figley, Mayor 23 Passed by the Council Submitted to the Mayor Approved by the Mayor Filed by the Office of the Recorder: ATTEST: Christina Shearer, City Recorder City of Woodburn Oregon Page 1 - Council Bill No. 2855 Resolution No. 1987 24 W UU UB �UJI N AY4^4� Wff February 14, 2011 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Hendryx, Director of Economic & Development Services SUBJECT: Woodburn Strategic Economic Development Plan RECOMMENDATION Adopt the resolution. BACKGROUND In 2009, the City Council established a goal to "Promote Economic Development" through completion of an "Economic Development Plan in partnership with the Chamber of Commerce, revisiting the City's economic development strategy regarding business attraction, retention and sustainability ". The City entered into an Intergovernmental Agreement with the Mid - Willamette Valley Council of Governments (MWVCOG) to prepare an Economic Development Plan. In September of 2009, Council appointed the Economic Development Committee, who is charged with overseeing the development of the plan. At the time, appointments included: Economic Development Committee Wendy Buck - Portland General Elias Villegas - Chemeketa Community Electric College Walt Blomberg Woodburn School Don Judson - Woodburn Chamber of District Commerce Tony Orlandini - Do it Best Dennis Gibson - Lo owear Direct Sheryl Southwell - Specialty Dave Christoff - Hallmark Properties Polymers Ruby Wolfer- West Coast Bank Brent Kerr- Kerr Contractin Nick Harville - SEDCOR Jim Hagar - Interested Person Larry Grosjacques Planning Horst Raustein - Resident Commission John Hoffmann - Gervais Frank Lonergan - City Council Telephone /Datavision Communications Angelo Seminary - DePaul Agenda Item Review: City Administrator _x_ City Attorney _x Finance 25 Economic Development Plan February 14, 2011 Page 2 Staffin The goal of this planning process was to identify and prioritize those strategic actions that the City of Woodburn could undertake, within the constraints of its normal resources, to facilitate new job creation and investment in the City. The resulting Strategic Economic Development Plan has proven to be an action - oriented document that still serves as a roadmap for both the City of Woodburn and the Woodburn Chamber of Commerce. In addition to reviewing relevant economic data, as well as other regional and statewide economic analyses, the Woodburn Economic Development Committee engaged in facilitated sessions to identify economic strengths, weaknesses, opportunities and threats, and completed a community -wide opinion survey on economic and community issues that was conducted via the Internet. The survey was directed at both the general citizenry as well as business leaders. The end result of this effort is the Short -Term Action Strategy, which identifies a list of activities that the City should undertake over the next five years. The Economic Development Committee endorsed all of these proposed activities. However, they also expressed priorities for the City Council to consider. The 1 -5 Interchange improvement is considered the single most important public investment for Woodburn. Other priorities include: 1) Marketing and promoting Woodburn's industrial sites. 2) Improving public relations and enhancing the quality and distribution of information about community life, issues and events. 3) Creating a development promotion position to serve as the lead coordinator within the organization for major new development projects within City government, and managing a variety of activities such as the Enterprise Zone, urban renewal, communications with major employers and developers and other similar development initiatives. 4) Improving and simplifying development procedures and code requirements 5) Developing and refining a business resource and information program to help both recruit and retain businesses. 6) Refining and implementing the Enterprise Zone program's tax incentives for new business investment. Key to marketing Woodburn for economic development is the compilation of specific information on the community, including demographics, land and site 26 Economic Development Plan February 14, 2011 Page 3 information, employment characteristics, work force development and training, and available financial resources. While information is readily available about Woodburn and its available industrial lands, etc, it has not been consolidated nor organized for the end user. Prospective industries typically do not have the time or expertise to sift through extensive data in their efforts to relocate or expand into new markets. These industries tend to go where readily available information can assist in the decision - making process. Woodburn, like a majority of communities, lacks this information, which is something critical to our future economic efforts. Separately, during the budget process, the Budget Committee and the City Council will be asked to consider contracting with SEDCOR to support the City's economic development efforts. The Woodburn Strategic Economic Development plan also identifies the need for a new position responsible for focusing on economic development activities. This issue will be evaluated and justified during the budget process. FINANCIAL IMPACT Adoption of the plan does not have a financial impact. Rather, it sets the framework for subsequent actions. Attachments: Mid - Willamette Valley Council of Governments Letter Chamber of Commerce Press Release 27 Mid - Willamette Valley Council of Governments 105 HIGH STREET S.E.. SALEM, OREGON 97301 -3667 • www.mwvcog.org PHONE: 503 - 588 -6177 . FAX: 503 - 588 -6094 . email: mwvcog @mwvcog.org An equal opportunity lender, provider, and employer December 9, 2010 Jim Hendryx, Director Economic and Development Services City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Dear Jim: Getting things done together! Enclosed (and via e -mail) please find the final version of the Woodburn Strategic Economic Development Plan for your review and presentation to the City Council. A companion "Data Appendix" to the strategy is also provided electronically. The goal of this planning process has been to identify and prioritize those strategic actions that the City of Woodburn can undertake, within the constraints of its normal resources, to facilitate new job creation and investment in the city. It is intended to be an action - oriented document that serves as a roadmap for both city government and its local stakeholder partners. In addition to reviewing relevant economic data and other regional and statewide economic analyses, the Woodburn Economic Development Task Force engaged in facilitated sessions to identify economic strengths, weaknesses, opportunities and threats and consulted a community -wide opinion survey on economic and community issues that was conducted via internet. The survey was directed at both the general citizenry as well as business leaders. The end result of this work can be found on the last two pages of the planning document in the Short Term (5 Year) Action Strategy. This is a short list of projects or activities that are recommended for the City to undertake over the next five years. At its last meeting, the Task Force endorsed all of these proposed activities. However, they also expressed some priorities for the City Council to consider. There was a strong consensus in the group that the scheduled improvement to the 1 -5 interchange is the single most economically critical public investment on the horizon for Woodburn. The other special priorities, listed in their order, are as follows: 1) Market and promote Woodburn's industrial sites. 2) Improve public relations and enhance the quality and distribution of information about community life, issues and events. Serving member governments in Marion, Polk, and Yamhill Counties 28 3) Create a development promotion position within City government to serve as the lead coordinator within the organization for major new development projects and to manage a variety of activities such as the enterprise zone, urban renewal, communications with major employers and developers and other similar development initiatives. 4) Improve and simplify development procedures and code requirements. 5) Develop and refine a business resource and information program to help both recruit and retain businesses. 6) Refine and implement the Enterprise Zone program of tax incentives for new business investment. It has been gratifying to work with such a positive and engaged group of citizens. Thank you for inviting the COG to provide support to this project. rely, r Ray Teasley Community Development Director 29 Contact: Ken Hector Don Judson Work: (971) 983 -5352 (503) 982 -8221 KHector&silvhosp.ora don &woodburnchamber.ora FOR IMMEDIATE RELEASE CHAMBER ENDORSES ECONOMIC DEVELOPMENT PLAN Woodburn OR The Woodburn Area Chamber of Commerce Board of Directors has unanimously endorsed the draft Strategic Economic Development Plan created by an 18 member Citizen Task Force, current Chamber Board President Ken Hector announced today. "This plan highlights securing full project funding for the 1 -5 Interchange as our number one priority, which we believe enjoys not only solid Chamber member support, but also broad community support" said Hector. "It also calls for a City /Chamber partnership to market and promote industrial sites, and we are already reaching out to additional partners, such as the Strategic Economic Development Corporation (SEDCOR) to develop the needed information." The third priority is to improve marketing and public relations about our community, which the Chamber currently promotes through our website www.woodburnchamber.org our Facebook page, weekly a -mails and monthly newsletter, and the annual Community Guide and Business Directory, "A business assistance program including retention, expansion, and recruitment is also suggested," said incoming Chamber Board President Ferren Taylor, "and the Board is anxious to formalize this service to our members." The plan also calls for the Chamber to continue promoting tourism through its Woodburn Area Tourism subsidiary, and to encourage and promote community events such as its leadership on the Fiesta Mexicana in 2011. This plan will be formally presented to the Woodburn City Council in 2011. 30 COUNCIL BILL NO. 2856 RESOLUTION NO. 1988 A RESOLUTION ENDORSING THE WOODBURN STRATEGIC ECONOMIC DEVELOPMENT PLAN AND DIRECTING THE CITY ADMINISTRATOR TO CONSIDER THE RECOMMENDATIONS CONTAINED IN THE PLAN IN THE CITY BUDGET PROCESS WHEREAS, Council established the following goal: "to promote economic development through completion of an "Economic Development Plan in partnership with the Chamber of Commerce, revisiting the City's economic development strategy regarding business attraction, retention and sustainability "; and WHEREAS, Council entered into an agreement with the Mid - Willamette Valley Council of Governments ( "the COG ") to prepare a strategic Economic Development Plan ( "the Plan "); and WHEREAS, Council appointed the Woodburn Economic Development Committee ( "the Committee ") an 18 member citizen task force, to oversee the development of the Plan; and WHEREAS, the COG worked with the Committee over several months to develop the Plan by compiling information on the local economy, demographics, etc; and WHEREAS, the COG surveyed the Committee, community leaders, and the Woodburn Area Chamber of Commerce members on local economic needs; and WHEREAS, the Woodburn Area Chamber of Commerce Board of Directors unanimously endorsed the Plan; and WHEREAS, the Plan recommends certain priorities, which are summarized as follows: 1. Improve the 1 -5 Interchange Page 1 - Council Bill No. 2856 Resolution No. 1988 31 2. Market and promote Woodburn's industrial sites. 3. Improve public relations and enhance the quality and distribution of information about community life, issues and events. 4. Create a development promotion position within City government to serve as the lead coordinator within the organization for major new development projects and to manage a variety of activities such as the enterprise zone, urban renewal, communications with major employers and developers and other similar development initiatives. 5. Improve and simplify development procedures and code requirements. 6. Develop and refine a business resource and information program to help both recruit and retain businesses. 7. Refine and implement the Enterprise Zone program of tax incentives for new business investment; NOW THEREFORE; THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The City endorses the Woodburn Economic Development Plan, a copy which is attached hereto as Exhibit "A" and incorporated herein. Section 2. The City Council acknowledges and appreciates the efforts of the Committee in developing the Plan and recognizes the Woodburn Area Chamber of Commerce as an essential partner in the Plan's implementation. Section 3. The City Administrator is directed to consider the recommendations made by the Plan in the context of the 2011-2012 fiscal year budget process. Approved as to Form: City Attorney Date Approved: Page 1 - Council Bill No. 2856 Resolution No. 1988 32 Kathryn Figley, Mayor Passed by Council Submitted to the Mayor Approved by the Mayor Filed with the Office of the Recorder ATTEST: Christina Shearer, Recorder City of Woodburn, Oregon Page 1 - Council Bill No. 2856 Resolution No. 1988 33 EXHIBIT A Page t of _lam,_ CITY OF WOODBURN STRATEGIC ECONOMIC DEVELOPMENT PLAN i EXHIBIT Page Z of l8 TABLE OF CONTENTS Page 1. Introduction and Summary of Planning Process ................. ............................... 2 2. Economic and Demographic Conditions .............................. ............................... 3 3. Strengths, Weaknesses, Opportunities and Threats ........... ............................... 7 4. Major Findings and Issues .............................. ..................... ............................... 11 5. Economic Development Goal and Long Term Objectives .... ............................... 12 6. Strategic Five Year Action Plan ............................... ............................... 14 7. Appendix 18 1 35 EXHIBIT Page 3 of /= INTRODUCTION AND SUMMARY OF PLANNING PROCESS The City of Woodburn and its key economic stakeholders and partners began working to gather information and build consensus on a plan to strengthen the local economy in the fall of 2009. There is a strong desire among City government leaders to come up with an economic development strategy that can help guide the use of City resources while strengthening working partnerships with the Woodburn Area Chamber of Commerce and other important community stakeholders. The key elements of this planning process were: 1) Gathering relevant economic and demographic data about the community; 2) Empanelling a City -wide economic development task force to steer the process; and 3) Conducting a community survey (via the internet) to obtain additional viewpoints and ideas. These efforts have led to the creation of a living Strategic Action Plan that will provide a blueprint for the City and its partners for future economic development activities. The City of Woodburn would like to thank the following citizens who volunteered to serve on the Task Force: Walt Blomberg Nancy Boyer Wendy Buck Dave Christoff Dennis Gibson Larry Grosjacques Nick Harville John Hoffmann Don Judson Brent Kerr Frank Lonergan Tony Orlandini Horst Raustein Angelo Seminary Sheryl Southwell Ray Teasley Elias Villegas Ruby Wolfer M EXHIBIT A_ Page 4 Y of i R ECONOMIC AND DEMOGRAPHIC CONDITIONS The City of Woodburn had a population of 23,350 in 2009 (Portland State University estimate) which is an increase of 66% since 1990. More significantly, the City is located strategically in the center of the populous northern Willamette Valley, approximately halfway between the larger urban areas of Portland and Salem. The population of the region within a 30 mile drive of Woodburn is 2.1 million, according to the 2008 American Community Survey. 4rYlW. 4N( AYGTN X - rYfrV Yr•.Y r.wa� c V Il YrY asl �cW.v 9pr �u+R! uYy..r Corr YID 31 �VIY fYtliF Y �� wo um ."..w � �.YY 1�tituw4 CaravY pV .+ovc W Cry mnr pr/ NfVrY ILU Woodburn, Oregon Region The economy of the immediate area around Woodburn has historically been centered on agriculture and forest products, with the City serving as a manufacturing and services hub for these two sectors. Although food processing and agricultural services continue to be very important parts of the local economy, the forest products sector has declined in relative importance over the past 30 years. Another important change in recent years is that, as nearby urban populations have grown, the Woodburn economy has adapted by developing a variety of new businesses ranging from metal fabricating to warehousing to regional retail attractions and a wide range of service- providing businesses. This greater variety of businesses is illustrated in the chart below. 3 37 ExHiE Wage S of r_ The following chart identifies employment by industry for northern Marion County, which includes Woodburn. Towns of North Marion County (Aurora, Hubbard, Woodburn, Gervais and Scotts Mills) Employment by Industry 2007 AO Government Natural Other Services 11% Resources and 2 % Mining private Leisure and ", 20% Educatlonl Hospitality Health 6% Care /Social x, Assistance 5% Construction 10% Manufacturing Professional 10% and Business Services 4% Financial Wholesale Activities Trade 2% 9% Transportation! Retail Trade 14% Warehousing/ Information Utilities 1% g% Source: Oregon Employment The chart above illustrates the diverse nature of employment in the immemare area around Woodburn. The City of Woodburn lies near the center of the state's most productive farm lands and associated agricultural infrastructure (processing, packing and shipping). The Oregon Employment Department estimates that approximately 20% of Woodburn area employment is agriculture - related, which is much higher than in most Oregon communities. Because of state land use laws that restrict new development on productive agricultural lands, farming, food processing and related activities will likely continue to be important sources of employment in the future. Two of the downsides of strong agricultural employment however are relatively lower wage levels and a higher level of seasonal work. Woodburn has not escaped the severe national economic recession, and has seen a number of employers shut down or curtail their operations over the past two years. The unemployment rate for Marion County in April 2010 was 10.9% (Oregon Employment Dept.), which is down slightly from an earlier 12 %. Unemployment data is not collected by city but it has historically exceeded the county unemployment rate due to its higher percentage of manufacturing jobs and the lower public sector employment levels. It is very likely higher today than the unemployment rate for the county. One particularly interesting characteristic of the Woodburn economy is the very high proportion of residents who work elsewhere and, correspondingly, the high number of jobs in Woodburn that are held by residents of other cities. Tables I and II illustrate this fact. i EXHIBIT' A___�. Page & of / t� Where Do Woodburn Residents Work? 50.0% 45.0% - 40.0% - 35.0% -- - — 30.0% -- _- 25.0% o _ 20.0% 15.0% 10.0% 8.0% 7 n% r _ 5.0% - - ° 2.7% 0 0 0 0.0% - e ,oho J0 CIP P� Table I Total Workers: 7,844 (2006) Data provided by Oregon Employment Dept. Chart: MWVCOG in 2009 Where Do Woodburn Workers Live? 49.0% 50.0% - 45.0% 40.0% 35.0% 30.0% 25.0% 20.0% 15.0% 10.0% 5.0% 0.0% oa� 5 y o�ci, `�' °\hoc ° y,\\e °�� °� C' °cJ\\o o J ���� � °ma r o`• P� Table II Total jobs: 8,448 (2006) Data provided by Oregon Employment Dept. Chart: MWVCOG in 2009 The charts above illustrate the high rate of commuting that takes place in Woodburn, which is likely due to its very central location in such a highly populated region. More than 81% of the city's jobs are held by out -of- towners, and more than 80% of the city's employed residents work elsewhere. 5 • �I 1 t E)Gi,B,T _ A Page ,Z of / 9 Generally speaking, the Woodburn population is younger, poorer and more ethnically diverse than most Oregon communities. A significant portion of the city's population is of Hispanic ethnicity, many originally drawn to the area by farm work opportunities. More than 37% of the city's population was born in another country. Some key demographic data points are listed in Table III below: Median age: Median household income: % of people who live below the poverty level: Average pay: Woodburn I Oregon I Nationally 32.8 38 36.8 $40,750 $47,385 $50,007 13.9% 12.1% $30,870 $40,486 $45,563 Sources: US Census and Oregon Employment Department IMPORTANT REGIONAL TRENDS Because this community is located near the center of a much more heavily populated and fast growing region, regional economic and demographic conditions will always have a huge impact on Woodburn. Key regional trends include: • Job growth in the Marion, Polk and Yamhill region was projected (in 2007) to reach 14.4% by 2016. (Oregon Employment Department). The depth of the national recession will likely slow down this growth, however, due to employment contraction in 2008 and 2009. Job growth has now begun to increase and is expected to continue. (see Appendix, pages A -35 — A -44) • Both Portland and Salem are expected to experience significant population growth over the next 10 years. Marion County is projected to average 1.2% population growth per year through 2030 by the Office of Economic Analysis. There is a strong correlation between population growth and employment growth. • A lack of adequate industrial sites and higher costs in the Portland area may combine to spur the relocation of small manufacturers and other businesses to lower cost cities with available sites, good highway and rail access. • In a 2007 economic analysis of Marion, Polk and Yamhill counties, five industry clusters were identified as having particularly strong comparative advantages: (also see Appendix A -28) 1) Agriculture, food and beverage products; 2) Metals, machinery and equipment; 3) Forest products; 4) Specialty materials manufacturing (particularly fabric coating and fertilizer mixing); and 5) Traded sector services (such as administrative services). The same analysis also identified two emerging cluster opportunities for the region: 1) 1 -5 Business park development; and 2) Small business entrepreneurship. 0 .x EXHIBIT Page A _ of 1b These five industry clusters and the two identified as „ emerging clusters are all significantly represented in Woodburn. This is further evidence that the city is poised for future economic opportunities. (E.D. Hovee and Company, March, 2007) 41 STRENGTHS WEAKNESSES OPPORTUNITIES AND THREATS Assessing a community's strengths, weaknesses, opportunities and threats (SWOT) is an integral part of an economic development plan. The Woodburn Economic Development Task Force identified these qualities in facilitated planning sessions. They were considered in an online community survey. The results of these efforts are summarized below: (Larger, bold type denotes items that were also validated in the community survey) STRENGTHS Location • Location — halfway between Salem and Portland • Easy highway access to both 1 -5 and Hwy. 99 • Good access to air transportation • Rail Access Demographics • Growing population — more consumers • Population -and the workforce -are growing younger • Tri- lingual population • Efforts to bring different communities together • Skill of labor pool —growth potential • Large number of immigrants with a belief in the American dream and a desire to become a part of the community • Significant Senior Population • Emerging bi- lingual workforce Infrastructure • Reasonable cost of land • Available space downtown at bargain rates — empty buildings • Bare land available • Good Energy infrastructure • Strong telecommunications infrastructure • Capacity improvements are being made in water /sewer /streets - $94 million in next 20 years • New 1 -5 Interchange E 42 EXH11 IT Page /c > Of Community Attributes • Unique shopping opportunities including outlet stores and downtown - ( world - class shopping at Woodburn Company stores and to a lesser extent, award - winning nurseries). • Community attractions • 17 million vehicle trips annually through Woodburn (includes 1 -5, 99E, etc.) • Home town feel — stronger sense of community • 80% of downtown properties owned locally • Downtown improvements o Front Street o Plaza • Recreational opportunities — golf courses, etc. • Strong agricultural community • Community unity. Education • Educational system o School within a school o International baccalaureate program o Bi- lingual education • Good access to education — local community college and strong school system City Administration • Refocus and reorganization of City administration — (great new people — great new attitude). OPPORTUNITIES • Livability of Oregon • Strength and availability of workforce in surrounding communities • New agricultural crops • Regional industrial base between Portland and Salem • Lack of affordable industrial land in Portland area • State focus on green jobs • New 1 -5 Interchange — new front door to Woodburn • Restoration opportunities of Hwy. 99 • Easy access to other recreational opportunities - coast, mountains, etc. E 43 EXHIBIT age /i of /_ WEAKNESSES Demographics • Older population tends to be anti - growth • Difficulty of integrating multi - nationality community in working together. • Cultural and language differences constituting 38% of the workforce • Most voters work outside of Woodburn. Infrastructure • Lack of industrial shovel -ready sites • Transportation /travel within the City is sometimes slow —also a need for better transit service to and from other outlying communities. • Congestion through town • State -owned highways are the major roads throughout town — Hwy. 214 and 99E make it difficult to landscape and beautify accordingly. Community Attributes • Is Woodburn ready to compete with Salem /Portland /Silverton? Can Woodburn compete? • No economic development program or incentives to assist existing or potential businesses • Downtown has aging buildings which need upgrading • Need vision for the community • Unattractive gateways to city Education • Overpopulation of schools • Deficiency of available land for schools City Administration • Inflexibility of municipal government (structure of Council meetings). Need to find ways to reach out effectively, dialogue effectively — including celebrations. • Lack of direct participation of City in OEDA and other economic development organizations • Highest property taxes in the state • Perception of high System Development Charges (SDCs) • Perception of difficult building permit process • Development codes need to be re- worked Financing /Money • Poor access to capital • Lack of industrial tax base 10 .. EXHIBII°i Page of THREATS • Outside perception of Woodburn (both from within and from the outside) • Immigration — assumption that some of the population are here illegally • National and statewide recession /depression — current economic conditions • Jobless recovery • Changing face of agriculture — fewer jobs, due to automation • Lack of capital • No capacity for language needs in the education system • High cost of education • Need drug -free candidate pool Using the SWOT technique to assess Woodburn's strengths and weaknesses is the first step in strengthening the local economy. Woodburn appears to be dedicated to making changes that will benefit the City as a whole. Below are the major findings and issues that the City will be dealing with during the foreseeable future. 11 45 EXHII page MAJOR STRATEGIC THREADS Even though there was a great deal of raw information and many ideas generated by the SWOT analysis, community survey and economic data, a number of similar or related economic observations and issues came up repeatedly. An attempt was made to combine these clusters of similar issues into a smaller number of major strategic threads that are listed below — but not in any particular order of priority. • Improvement to the 1 -5 interchange is a very important strategic and economic issue for the City. Local traffic congestion, a frequently mentioned problem, is often linked to the 1 -5 interchange deficiencies as well. • Crime and /or the perception of crime is viewed by many as a big problem. • There is concern about the community's image. Some fear that negative perceptions of Woodburn could stand in the way of future economic opportunities. • Blight, such as vacant and /or rundown houses or buildings and poor aesthetic conditions, are problems in some parts of the city. This may discourage new development, contribute to the image problem and increase concerns about crime. • The reasonable cost and availability of industrial land, as well as a relatively young workforce, are major economic strengths. The strong industrial base already in place nearby from Portland to Salem may offer future opportunities for Woodburn. The City should try to exploit these advantages to attract new businesses and investment. • Woodburn's location halfway between Portland and Salem, along with good highway and rail access are major economic advantages. The huge visitor traffic to the Woodburn Company Stores and the popularity of other attractions nearby is proof of these advantages. • The City needs local economic development activities designed to attract new businesses, improve the economy, and diversify the mix of local businesses. Permit procedures need improvement and development costs should be examined. • Woodburn is a very nice community to live in! There were many positive comments about the friendliness of people, the positive community values, good business environment, and the fact that the community offers many small town advantages as well as accessibility to Portland, Salem and other attractions. • Ethnic diversity is an advantage to the community but it can also present communication challenges. • Most of the businesses responding to the survey showed little interest in receiving direct small business assistance from public agencies, but had mostly positive comments about City government. Of businesses surveyed that had a transaction with City government in the past year, 88.5% reported that the contact was satisfactory. 12 .• EXHIBIT Page JY of ECONOMIC DEVELOPMENT STRATEGY AND ACTION STEPS At a session of the Woodburn Economic Development Task Force, the key findings from the community survey, the SWOT analysis, and economic data were reviewed and summarized into six longer term strategic objectives. In further discussion and with input from City staff, a number of "do- able" action steps were identified. There is only one goal for everyone to focus on, new job creation and capital investment. However, this big goal is further broken down into six longer term strategic objectives that directly flow from the community and committee feedback. Under each of these strategic objectives are listed some specific short -term steps that provide an action - oriented roadmap for city policymakers, leaders and other stakeholders as they work to improve economic conditions in Woodburn. This strategy can also be amended and refined as conditions change or new opportunities emerge. ECONOMIC DEVELOPMENT GOAL OBJECTIVES AND ACTION STEPS GOAL: facilitate new job creation and capital investment in Woodburn. Lone Term Objectives and Short Term Action Steps (Not in any priority order) • Support the growth and stability of existing Woodburn businesses. Action Steps o Urban renewal loan and grant program • Pursue 1 -5 interchange improvements • Create a development promotion position within city government • Develop a business assistance program at the Chamber. • Attract new businesses to Woodburn that will create new jobs and investment in the community. Action Steps o Support visitor /tourist information programs o Market and promote Woodburn industrial sites o Improve public relations and availability of information about the community o Pursue 1 -5 interchange improvements 13 47 EXHIBIT Page _Lra_ of IR • Enhance Woodburn's visibility to outsiders and project a positive image. Action Steps o Develop marketing brochures o Support visitor /tourist information programs o Improve public relations and availability of information about the community o Implement new sign standards near the 1 -5 interchange • Improve Woodburn's "self- image" Action Steps o Encourage and support community events o Improve public relations and availability of information about the community o Pursue additional housing rehabilitation funds • Strengthen City government's capacity to act effectively on future economic opportunities. Action Steps o Create an economic development promotion position within city government o Develop more complete and up -to -date economic information o Implement and market Enterprise Zone • Refine and strengthen efforts by City government to address barriers to economic development. Action Steps o Improve and simplify development procedures and development code o Improve the Woodburn Development Ordinance o Pursue additional housing rehabilitation funds o Urban renewal loan and grant program for small downtown businesses 14 EXHIBIT Page I Co of _ I 15 mg EXHIBIT Page _l ._Z_ of / R.__.- SHORT TERM (FIVE -YEAR) ACTION STRATEGY Action Step Responsibility Continue to operate and refine the City's urban renewal loan and grant program. This includes making City loans to eligible business projects, addressing blight, and implementing other activities. Continue to monitor and advocate for the full funding required to adequately improve the Woodburn I- City 5 interchange. Regularly report back to the City Council on the progress of this planned transportation infrastructure investment. Create a development promotion position within City government that will focus on the following City activities: serve as a lead coordinator within City government for major new development projects, manage the Enterprise Zone, administer activities within the urban renewal district, develop and maintain relevant, up -to -date economic information about Woodburn (such as market data, City industrial and commercial sites, and City resources/ opportunities for businesses), develop and maintain an economic development- oriented website, and carry out a program of regular communications with major employers in the City, and similar activities. Support visitor and tourist information programs by maintaining information kiosks at key locations, Woodburn Chamber responding to visitor requests for information, implementing marketing campaigns, participating and of Commerce, City coordinating with regional and statewide visitor promotion efforts, developing promotional materials, of Woodburn producing (or improving) a website, etc. Market and promote Woodburn industrial sites. This might include such activities as developing better City, SEDCOR, and more up -to -date economic investment information about Woodburn, creation of a website that is Chamber of useful to companies evaluating potentially new sites, maintaining contact and coordinating with the Commerce, local marketing efforts of SEDCOR and the State of Oregon, creation of a brochure summarizing Woodburn realtors advantages and resources (such as the Enterprise Zone, urban renewal district, etc.), and designating a lead City staff person to respond to developer questions. It may also include other specific activities that could change from year to year. Improve public relations and public information and enhance the quality and distribution of information City, Chamber of about community life, issues and events. This could include such activities as a newsletter, a public Commerce information specialist in city government or elsewhere, improvement to websites and other existing sources of information, development of an information "strategy ", and other activities. Encourage and support community events, particularly those events that attract visitors from outside Chamber of who will patronize local businesses, build a positive image for Woodburn, and result in different groups Commerce, City, within Woodburn socializing and working together. Downtown Association, etc. Pursue additional funds for loans to lower income homeowners for improvements and repairs to their MWVCOG, homes. Deferred payment, low interest loans are a proven way to address some of the problems in City blighted neighborhoods. 16 50 EXHIBIT Page 1A of / Action S tep Improve and simplify City development procedures and code requirements. City Refine and implement the Woodburn Enterprise Zone program of local tax incentives for business City investment in Woodburn. Activities include developing an informational brochure, preparing news releases, assigning a lead staff person to respond to enterprise zone inquiries, etc. bi Develop a business assistance program that includes business recruitment, expansion and retention I Commerce Chamber of activities. 17 51 Appendix Due to its length, the Appendix is not included in the City Council packet. The City Council has been provided a "hard copy" of the entire document. 52 W UU UB �UJI N AY4^4� Wff February 14, 2011 TO: Honorable Mayor and City Council through City Administrator FROM: Dan Brown, Director of Public Works SUBJECT: AUTHORIZATION TO ENTER INTO A FOUR -WAY AGREEMENT WITH MCDONALD'S CORP, GREENTREE ENTERPRISES INC, ODOT AND CITY OF WOODBURN FOR ACCESS CONTROL AND ASSOCIATED STREET MODIFICATIONS AT 2910 OR HWY 214 ACTION Authorize the City Administrator to execute, on behalf of the Council as the Local Road Authority, an Agreement with McDonald's Corporation, Greentree Enterprises Inc, Oregon Department of Transportation (ODOT) and the City of Woodburn, to modify approaches to Lawson Avenue and road improvements to Lawson Avenue and Evergreen Road. BACKGROUND ODOT is currently acquiring right of way and access control for future improvements to OR Hwy 214 associated with Interchange Improvement Project. Access control along OR Hwy 214 is critical to the functionality of the improved interchange and OR Hwy 214. McDonald's Corporation and Greentree Enterprises Inc filed an appeal to the proposed access controls ODOT identified for the property located at 2910 OR Hwy 214. A region review collaborative discussion was conducted on January 26, 2011 of which the subject parties presented information regarding the proposed access controls and the ramifications of those access controls. The parties agreed to make modification to the proposed approach roads from Lawson Avenue to McDonald's site and to modify the approved project improvements to Lawson Avenue and Evergreen Road of address the access concerns raised by McDonald's Corporation and Greentree Enterprises Inc. The Agreement is currently under party review and is pending party approval. It is anticipated that some additional negotiation may be required to finalize the agreement. The Council is being asked to review the agreement, approve in Agenda Item Review: City Administrator _x_ City Attorney _x Finance _x- 53 Honorable Mayor and City Council February 14, 2011 Page 2 concept as the Local Road Authority and authorize the City Administrator to finalize the specifics of the Agreement. This action will avoid delays in obtaining party approval. Delays in obtaining this Agreement will be compounded in project delivery delays that result for an inability to complete design and acquire needed right of way. DISCUSSION The City's goal of minimizing adverse impacts on businesses and property owners within the project area has been accomplished by the tentative agreement as presented. Additionally, the City goal of ensuring that local land use and transportation decisions are being made to preserve the benefits of the Interchange Improvement Project and Improvements to OR Hwy 214. The specifics and details of the Agreement may change as it is being finalized. However, those changes will not alter the fundamental decision the Council, as Local Road Authority, is being asked to approve. Delegation of authority to the City Administrator to finalize the details of the Agreement appears not only appropriate but will allow timely execution of the Agreement with minimal delays to the overall project delivery. Attached to this staff report is the tentative agreement and maps of the proposed street alterations to accommodate the modifications to access for McDonald's. FINANCIAL IMPACT Local street improvements as a result of the access control resolution are considered to be within the scope of the project and funded as part of the Interchange Improvement Project. The City of Woodburn will be required to make necessary street improvements outside the boundaries of Interchange Improvement Project. Those local street improvements have not been identified at this point. Funding for those improvements will be provided from the Transportation System Development Charges. Projects will be identified within the City's Transportation Capital Improvement Program and funding approved under the annual budget process. E Honorable Mayor and City Council February 14, 2011 Page 3 Agreement between Oregon Department of Transportation, City of Woodburn, McDonald's Corporation and Greentree Enterprises Inc., to modify approaches to Lawson Avenue and proposed road improvements to Lawson Avenue and Evergreen Road This Agreement is made and entered into by and between the State of Oregon, acting by and through its Department of Transportation, (ODOT), hereinafter referred to as "State "; and McDonald's Corporation, hereinafter referred to as "McDonald's "; Greentree Enterprises Inc.; and the City of Woodburn, hereinafter referred to as "City ". RECITALS 1. The State and the City are currently developing a highway improvement project known as I -5 @ OR 214 Interchange (Woodburn) Development Section, herein after referred to as "Project ". The proposed Project will replace the existing diamond interchange with a partial cloverleaf interchange at Interstate -5 and OR 214 and OR 219 at Exit 271, and make improvements to OR 219 between Woodland Drive and Interstate 5, and to OR 214 between Interstate -5 and Oregon Way. The project includes the following features: • Six -foot sidewalks will be constructed with an additional six - foot -wide landscaped buffer between the sidewalk and the curb. • OR214 and 219 will be widened with two additional travel lanes (one each direction) between Woodland Drive and Oregon Way along with dedicated turn lanes at selected intersections with City streets. • One bicycle lane will be provided in each direction along OR 214 and OR 219. • A non - traversable median will be added to OR 214, and the public street connections at Oregon Way, Evergreen Road, and Lawson Avenue will be modified. • Channelization improvements will be added to Old Arney Road, Lawson Avenue, Evergreen Road, Oregon Way /Country Club Road, and Cascade Drive. • The project will close private approach roads to OR 214 and close and consolidate approach roads to City streets near the intersections with OR 214. Additional access management measures would be implemented to protect the operation and safety of the interchange and OR 214. 2. The City and ODOT entered into an Intergovernmental Agreement No 23, 240 in which the parties agreed to the general project design and funding for the project. 3. The State has jurisdiction over Interstate -5 and OR 214. 4. The City has jurisdiction over Oregon Way, Evergreen Road and Lawson Avenue. 55 Honorable Mayor and City Council February 14, 2011 Page 4 5. McDonald's is a corporation with a property interest in a franchise located within the project limits at the southeast corner of OR 214 and Lawson Avenue. The franchise is held by Greentree Enterprises Inc. 6. ODOT issued timely notice to McDonald's through its franchisee Greentree Enterprises Inc. of its intent to close the approach road to OR 214. A copy of this notice is included as an attachment. McDonald's filed a timely request for a contested case hearing and requested a region review /collaborative discussion pursuant to OAR 734 - 051 -0345. Greentree Enterprises Inc. did not file a timely request for a contested case hearing. 7. A region review collaborative discussion occurred on January 26, 2011. The parties agreed to make modifications to the proposed approach roads from Lawson Avenue to the McDonald's site and to modify the approved project improvements on Lawson Avenue and Evergreen Road. 8. By the authority granted in ORS 190.110 and ORS 3 66.5 72 and ORS 3 66.5 76 the State may enter into agreements with units of local governments to develop transportation projects. 9. By the authority of ORS 374.305 and ORS 374.312 the State may adopt rules and regulations for the issuance of permits for approach roads to highways and may enter into agreements with abutting property owners for access to the highway. TERMS OF THE AGREEMENT: 1. The parties agree to make the following changes to the approach roads within the approved project area. Refer to Figure "A" for location of each numbered paragraph item. a. The northern —most approach road to Lawson Avenue will be relocated southward to a location directly opposite the proposed location of the relocated approach road to the Chevron Station. b. The existing southern approach to Lawson Avenue will be modified to accommodate the ingress of WB -67 trucks to the southern parking area. Truck turning movements at this approach are shown in Figure "B ". c. There will be no change to the decision to close the approach road to OR 214 and revoke Permit Number 23708 at Mile point 37.02. d. There will be no change to the location of the approach roads to the shared private easement road on Lawson Avenue and Evergreen Road. 2. The parties agree to make the following changes to the improvements proposed for Lawson Avenue and Evergreen Road. Refer to Figure "A" for location of each numbered paragraph item. M Honorable Mayor and City Council February 14, 2011 Page 5 a. A non - traversable traffic separator will be constructed on Lawson Avenue from OR 214 to a location just north of the relocated northern approach road described in l.a. b. A curbed barrier will be constructed in the current northbound lane of Lawson Avenue between the location of the new northern approach (l.a.) and the southern approach (l.b.). The barrier will prevent northbound traffic from proceeding northward past the southern most approach road. The barrier will be constructed in a manner that does not prevent left turning movements from southbound Lawson Avenue into the southern approach road at McDonalds. c. The proposed traffic separator on Evergreen Road will allow left turns from the private access road to northbound Evergreen Road. STATE OBLIGATIONS State shall, construct the changes to the approach roads and modifications to Lawson Avenue and Evergreen Road described in Agreement terms 1 through 2 above as part of the state funded project costs. The State agrees that such modifications to the project are minor and do not affect the terms of Intergovernmental Agreement No 23, 240. CITY OF WOODBURN OBLIGATIONS 1. City agrees to the minor modifications to Lawson Avenue and Evergreen Road as described in Agreement Term 2 above. City agrees that such modifications to the project are minor and do not affect the terms of the Intergovernmental Agreement No 23, 240. 2. City will issue a permit for two approach roads to McDonalds onto Lawson Avenue in the locations described in Agreement Term 1- above. MCDONALD' S OBLIGATIONS McDonald's shall withdraw its Request for Appeal filed with the Department on October 25, 2010, and withdraw all requests for information associated with the appeal. GREENTREE ENTERPRISES INC's OBLIGATIONS 1. Greentree Enterprises agrees to the proposed modifications to the approach roads and project. GENERAL PROVISIONS 1. This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties, 57 Honorable Mayor and City Council February 14, 2011 Page 6 notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. 2. The purpose of this agreement is to document the changes to the project as agreed to by the State, the City, McDonalds and Greentree Enterprises Inc. This written document constitutes the entire agreement reached between the parties at the Region Review Collaborative Discussion. State's right to Terminate for Cause. State may terminate, in whole or in part, immediately upon notice to McDonalds, or at such late date as State may establish in such notice, upon the occurrence of either of the following events: If State fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow State, in the exercise of its reasonable administrative discretion, to construct the project in the vicinity of McDonalds. ii. Federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited, or State is prohibited from paying for such work from the planned funding source. IN WITNESS WHEREOF, the parties hereto have set their hands as of the date and year hereinafter written. MCDONALD' S CORPORATION, by and through [ask who is capable of signing] State of Oregon, by and through its Department of Transportation By: Title Date: GREENTREE ENTERPRISES INC., By: Title Date By: Region 2 Manager Date: CITY OF WOODBURN By: Title: Date: Honorable Mayor and City Council February 14, 2011 Page 7 ea 3 s � f � •�'�� I . r = ti 4F Ar IMF .. Jim P _ an p T W - -- -- _ Ab s • a j -• ... a -INA • i y���ara aw \i y , am f fonYry ible i ..�.. � J ., . C50" I�! ' , Ai #. 16 01 W UU UB �UJI N February 14, 2011 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Row, Community Services Director SUBJECT: Weed & Seed IGA with Marion County Juvenile Department for Tracker Program Services RECOMMENDATION Authorize the City Administrator to enter into an Intergovernmental Agreement with Marion County for juvenile probation officer support as a part of the Weed & Seed Tracker Program. BACKGROUND This agreement provides funding to the Marion County Juvenile Department, enabling them to provide probation officer support to the Weed & Seed Tracker Program. The Tracker program is a component of the U.S. Department of Justice Weed & Seed grant that the City was originally awarded in August 2007. The City previously entered into a similar agreement in July 2009. That agreement expired November 30, 2010, and a new agreement must be executed in order for the program to continue. The Tracker Program provides for joint police officer/ probation officer visits to the homes of Woodburn Juveniles who are on probation for drug and/ or gang related offenses, for the purpose of enforcing the terms of their probation. In addition, the program provides for joint police officer/ probation officer visits to local "hot spots" in the community. Hot spots are areas that gang and drug involved juveniles frequent. These visits are also conducted for the purpose of enforcing the terms of local juveniles' probation. The Tracker program operated for a short while a few years prior to Weed & Seed, and during its brief tenure, appeared to contribute to a noticeable reduction in juvenile crime. The funding for the required police officer support to the Tracker Program is also provided by the Weed & Seed grant. This Intergovernmental Agreement expires on November 30, 2011, unless agreed by both parties to extend. Agenda Item Review: City Administrator _x City Attorney _x Finance _x_ .e Honorable Mayor and City Council February 14, 2011 Page 2 DISCUSSION The United States Department of Justice's Weed and Seed program is now in its final year. Although Woodburn had anticipated five full years of funding, the program is being phased out on a national level. With our current grant, federal funding is secured through November 30, 2011. After four years, Woodburn's Weed & Seed program will end. As a result, the Weed & Seed Steering Committee has turned its focus toward sustaining as many core Weed & Seed programs as possible. Through the work of the Steering Committee, many core programs will continue beyond November 30, 2011. The Woodburn Police Department will continue its participation in the Metro Gang Task Force, which combines the resources of surrounding area police departments to better reduce gang and drug activity in each community. Equipment procured with the grant will continue providing services to the Department, as well. The Teen Center program will continue operating with Boys and Girls Club and City support. And other programs that Weed & Seed funded, such as the gang and drug education program, GREAT Camp, the Nuevo Amanecer after school program, the tracker program, GED and high school completion program tutoring, and Strengthening Families workshops, will seek sustaining funding elsewhere. FINANCIAL IMPACT The Intergovernmental Agreement provides for a total $6,784. The City's costs related to this Agreement are through the U.S. Department of Justice Weed & Seed grant. contract amount of completely funded 61 From Marion County to City Council INTERGOVERNMENTAL AGREEMENT BETWEEN MARION COUNTY AND THE CITY OF WOODBURN FOR JUVENILE PROBATION OFFICER SUPPORT This Agreement is made, pursuant to ORS 190.003 to 190.110, between Marion County a political subdivision of the State of Oregon, hereinafter called "County ", and the City of Woodburn, a municipal corporation of the State of Oregon, hereinafter called "City ". 1 CITY OBLIGATIONS 1.1 Provide police officers for participation in joint juvenile probation officer/ police officer home visits. Visits will be made to the homes of juveniles on probation who live in Woodburn and are gang and/ or drug involved. These visits will be conducted for the purpose of enforcing the terms of probation. 1.2 Provide police officers for participation in joint juvenile probation officer/ police officer hot spot visits. Visits will be to locations in Woodburn where juvenile gang and drug activity is prevalent. Visits will be conducted with the intent of making contact with juveniles on probation living in Woodburn, and for the purpose of enforcing the terms of probation. 1.3 Submit payment to the County within thirty (30) days after receiving monthly invoices. Payments shall be submitted to: Marion County Juvenile Department 3030 Center Street NE Salem, OR 97301 Phone 503 - 588 -5411 2 COUNTY OBLIGATIONS 2.1 Provide juvenile probation officers for participation in joint juvenile probation officer/ police officer home visits. Visits will be made to the homes of juveniles on probation who live in Woodburn and are gang and/ or drug involved. These visits will be conducted for the purpose of enforcing the terms of probation. 2.2 Provide juvenile probation officers for participation in joint juvenile probation officer/ police officer hot spot visits. Visits will be to locations in Woodburn where juvenile gang and drug activity is prevalent. Visits will be conducted with the intent of making contact with juveniles on probation living in IGA Juvenile Probation Officer Support Page 1 62 Woodburn, and for the purpose of enforcing the terms of probation. 2.3 Provide semi - annual statistical reports to the City detailing the number of home visits, visits to hot spots, numbers of youth contacted that are in compliance with the terms of their probation, and the numbers of youth encountered who are in violation of the terms of their probation. Semi - annual statistical reports shall be submitted to the City by June 1, 2011 for the reporting period of January 1, 2011 — June 30, 2011, and January 15, 2012 for the reporting period of July 1, 2011 — November 30, 2011. 2.4 Submit billings and invoices to the City, on a monthly basis, for services provided. Services shall be charged for each hour of time worked by probation officers under the terms of this agreement. Services shall be provided at a cost of $46.88 per hour for each hour of straight time worked, and $70.32 for each hour of overtime worked. Costs billed for the period of January 1 through May 31, 2011 shall not exceed $2,784. Costs billed for the period of June 1 through November 30, 2011 shall not exceed $4,000. Total costs billed under this agreement shall not exceed $6,784. 2.5 Submit all invoices, billings and reports to: Weed & Seed Program City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Phone 503 - 982 -5228 3 GENERAL OBLIGATIONS 3.1 Each party shall be solely liable for third party claims arising from the actions of that party's officers, employees and agents. 3.2 The City shall agree to defend, indemnify, and hold harmless the County, its officers, agents, and employees from damages arising out of the tortious acts of the City, its officers, agents, and employees acting within the scope of their employment and duties in performance of this agreement subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 through 30.300, and the Oregon Constitution, Article X1 Section 7. Likewise, the County shall agree to defend, indemnify, and hold harmless the City, its officers, agents, and employees from damages arising out of the tortious acts of the County, its officers, agents, and employees acting within IGA Juvenile Probation Officer Support Page 2 63 the scope of their employment and duties in performance of this agreement subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 through 30.300, and the Oregon Constitution, Article X1 Section 7. 3.3 When the parties share supervision and control over a project, each party shall be liable for third party claims arising out of the actions of its officers, employees and agents. 3.4 Each party shall be solely liable for its employees' workers' compensation claims, regardless of which party is exercising supervision and control over the project when the claim arises. Nothing in this agreement shall be deemed to limit the right of either party to make a claim against the other party for damages and injuries incurred by one party as a result of the actions of the other party's officers, agents and employees. This agreement represents the entire integrated understanding of the parties. This agreement may be amended only in writing, executed with the same formalities as the agreement itself. This agreement may be terminated or renegotiated with thirty (30) days' written notice by either party to: For the City: Jim Row, Community Services Director City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Phone 503 - 982 -5265 For the Cou Faye Fagel, Director Marion County Juvenile Department 3030 Center Street NE Salem, OR 97301 Phone 503 - 588 -5411 This Agreement shall become effective on the date upon which every party has signed this Agreement. This Agreement shall expire on November 30, 2011 unless agreed to by both parties to extend. IGA Juvenile Probation Officer Support Page 3 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. MARION COUNTY Recommended By: Juvenile Department Director Date APPROVED AS TO FORM: Contracts Compliance Analyst APPROVED AS TO FORM: Date Legal Counsel Date IGA Juvenile Probation Officer Support CITY OF WOODBURN City Administrator Date Page 4 65