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06/24/13 AgendaCITY OF WOODBURN NT, COUNCI MAYOR VACANT, COUNCILOR WARD I LISA ELLSWORTH, COUNCILOR WARD It CITY COUNCIL AGENDA PETER JAMESC O X, COUNCILOR WARD III .LAMES C%, COUNCILOR WARD IV FRANK LONERGAN, COUNCILOR WARD V JUNE 24, 2018 - 7:00 P.M. 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. In observance of Independence Day, City Hall offices, the Library and the Aquatic Center will be closed Thursday, July 4, 2013. B. Please join us as we celebrate Independence Day at Centennial Park on July 4 from 6:00 — 11:00 pm. The annual celebration will include a variety of vendors, kids games and activities, live entertainment, and of course fireworks at 10:00 pm. A special thanks to Wave Broadband for their generous sponsorship of this event. Appointments None. 4. COMMUNITY /GOVERNMENT ORGANIZATIONS None. 5. PROCLAMATIONS /PRESENTATIONS Proclamations None. Presentations None. 6. COMMUNICATIONS None. * *Xass5 mtesrsetes DISPO Mies rasa aQutivas ressonas Que no xasian IneT,es, memo acuesoo. Comwfigxese as (503) 980-2q85.** June 24, 2013 Council Agenda Page i 7. BUSINESS FROM THE PUBLIC -This allows the public to introduce items for Council consideration not already scheduled on the agenda. 8. CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be adopted by one motion. Any item may be removed for discussion at the request of a Council member. A. Woodburn City Council minutes of June 10, 2013 Recommended Action Approve the minutes. B. Woodburn Recreation and Park Board minutes of May 14, 2013 5 Recommended Action: Accept the minutes. C. Crime Statistics through May 2013 Recommended Action: Receive the report 9. TABLED BUSINESS None. 10. PUBLIC HEARINGS A. Update of the Woodburn Development Ordinance, Legislative 13 Amendment 2012 -01 Continued 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. 2934 - A Resolution Authorizing Execution of a 15 Police Mobile Data System Agreement Between the City of Woodburn and the City of Stayton Recommended Action: Pass the resolution entering into a new ORS 190 agreement with the City of Stayton to provide police mobile data system services. B. Award of Construction Contract for Tree Removal and Fence 25 Installation East of the 1 -5 Interchange Project Recommended Action: That the City Council, acting as the Local Contract Review Board, award the construction contract for the Tree Removal & Fence Installation East of 1 -5 Interchange Project to R &R Tree Service in the amount of $72,255. June 24, 2013 Council Agenda Page ii C. Award of Construction Contract for the Tree Removal and 27 Temporary fence Installation West of 1 -5 Interchange Project Recommended Action That the City Council, acting as the Local Contract Review Board, award the construction contract for the Tree Removal & Temporary Fence Installation West of 1 -5 Interchange Project to R &R Tree Service in the amount of $43,878. 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 June 24, 2013 Council Agenda Page iii COUNCIL MEETING MINUTES JUNE 10, 2013 0:00 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 10, 2013 The meeting convened at 7:12 p.m. with Mayor Figley presiding. 0:00 ROLL CALL Mayor Figley Present Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Morris Present Councilor Raustein Absent Councilor Ellsworth Present Staff Present: City Administrator Derickson, City Attorney Shields, Finance Director Shearer, Economic and Development Director Hendryx, Public Works Director Brown, Police Chief Russell, Police Captain Alexander, Human Resources Director Hereford, Community Services Director Row, Budget and Finance Analyst Head, Recreation Services Manager Spence, Communications Coordinator Horton, City Recorder Pierson Ward 1 Vacancy — Mayor Figley thanked Horst Raustein for his Service to the City of Woodburn. Cox/McCallum.... accept the resignation of Councilor Horst Raustein, declare Ward 1 City Council position open. Motion passed unanim ously. Mayor Figley announced that applications will be received until June 28 at 5:00 pm. 0:09 COMMUNITY /GOVERNMENT ORGANIZATIONS Chamber of Commerce —Ruby Wolfer, Woodburn Area Tourism Coordinator, updated the City Council on the Fiesta Mexicana. Woodburn School District — Councilor Morris stated that the high school graduation had a good turnout of public officials and thanked the Mayor for attending. 0a3 PRESENTATIONS Patty Milne and Allison Kelly from Marion County presented a plaque to Chief Russell and the Woodburn Police Department for their contribution to the DrugSafe project. Alan Fox and Shane Ottosen from ODOT provided an update and project overview on the I- 5 Interchange Project and mentioned that the groundbreaking ceremony will take place on July 2 vd . 0:56 CONSENT AGENDA A. Woodburn City Council minutes of May 13, 2013, B. Woodburn Planning Commission minutes of March 28, 2013, C. Off - Premise Sales- Change of Ownership. McCallum/Lonergan... adopt the Consent Agenda. The motion passed unanimously. Page 1 - Council Meeting Minutes, June 10, 2013 COUNCIL MEETING MINUTES JUNE 10, 2013 0:57 PUBLIC HEARINGS A. Public Hearing to consider the City's Election and Qualification to Receive the State Shared Revenue. Mayor Figley declared the hearing open at 8:10 pm for the purpose of hearing public input on the City's election to receive State Shared Revenue. Finance Director Shearer provided a staff report. No members of the public wished to speak in either support or opposition of the acceptance of State Shared Revenue. Mayor Figley declared the hearing closed at 8:11 pm. B. A Public Hearing to consider the City of Woodburn's 2013 -14 Budget. Mayor Figley declared the hearing open at 8:11 pm for the purpose of hearing public input on the City's 2013 -14 Budget. City Administrator Derickson provided a staff report. No members of the public wished to speak in either support or opposition of the acceptance of the 2013 -14 Budget. Mayor Figley declared the hearing closed at 8:13 pm. Councilor Cox questioned why the budget does not reflect the fact that the City is looking to contract out six of the City's permanent positions and stated that he is against this proposal and that the budget needs to reflect what the City is planning on doing. C. A Public Hearing to consider the Portland General Electric Franchise. Mayor Figley declared the hearing open at 8:17 pm for the purpose of hearing public input on the City's 2013 -14 Budget. City Administrator Derickson provided a staff report. Wendy Buck from Portland General Electric spoke in favor of the new franchise agreement. Colin Brown, 1790 Woodland Ave, asked if the City has ever done a rate comparison with other companies to get lower rates to make sure this is a competitive bid. City Administrator Derickson said that is done at the Public Utility Commission and not the City of Woodburn. Wendy Buck answered that they are regulated by the Public Utility Commission and the rates are set there and the companies have designated service areas. City Administrator Derickson explained that a franchise fee is charged to PGE for the use of the City's right -of -way. Mayor Figley declared the hearing closed at 8:25 pm. D. A Public Hearing to consider the update of the Woodburn Development Ordinance, Legislative Amendment 2012 -01. Mayor Figley declared the continuation of the hearing open at 8:25 pm for the purpose of continuing the public hearing to input on the proposed revision to the Woodburn Development Ordinance. Economic and Development Director Hendryx continued the presentation of the proposed changes. Staff recommended that the hearing be continued to the June 24, 2013 meeting. McCallum/Cox... continue the public hearing to hearing to June 24, 2013- Motion passed unanimously_ 1:16 COUNCIL BILL NO. 2929 — AN ORDINANCE GRANTING PORTLAND GENERAL ELECTRIC COMPANY, AN OREGON CORPORATION, A NONEXCLUSIVE FRANCHISE FOR TEN YEARS TO OPERATE AN ELECTRIC LIGHT AND POWER SYSTEM WITHIN THE CORPORATE LIMITS OF THE CITY OF WOODBURN, FIXING THE TERMS AND CONDITIONS OF SAID FRANCHISE; PROVIDING AN EFFECTIVE DATE; REPEALING ORDINANCE 2328; AND DECLARING AN EMERGENCY McCallum introduced Council Bill 2929. Recorder Pierson read the two readings of the bill by title only since there were no Page 2 - Council Meeting Minutes, June 10, 2013 2 COUNCIL MEETING MINUTES JUNE 10, 2013 objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2929 duly passed. 118 EFFECTIVE WITH THE 2013 -2014 FISCAL YEAR AND EXPIRING AT THE END McCallum introduced Council Bill 2930. Recorder Pierson read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2930 duly passed. 1.19 IMPROVEMENT PLAN McCallum introduced Council Bill 2931. City Recorder Pierson read the bill by title only since there were no objections from the Council. Councilor Cox made a motion to amend the budget to reflect the predicted savings the City would see by contracting out the six permanent positions in Public Works. Councilor Ellsworth asked for clarification on his motion and said she would be in favor of postponing the vote on the budget until they have more information on the contracting out of services. Councilor Cox stated that he is opposed to contracting out and that a budget should be based upon what is predicted to happen. Mayor Figley stated that she is uncomfortable holding the budget hostage on this one thing. Cox/Ellsworth... postpone the vote on the resolution adopting the Fiscal Year 2013 -2014 Budget; making budget appropriations; categorizing taxes and adopting the fiscal year 2013- 2014 capital improvement plan until the June 24, 2013 meeting. On Roll call vote the motion failed 2 -3 with Councilors Morris, Lonergan and McCallum voting nay. On roll call vote for final passage, the bill passed 3 -2 with Councilors Cox and Ellsworth voting nay. Mayor Figley declared Council Bill No. 2931 duly passed. 1:31 COUNCIL BILL NO. 2932 - A RESOLUTION DECLARING THE CITY OF WOODBURN'S ELECTION TO RECEIVE STATE REVENUE SHARING McCallum introduced Council Bill 2932. City Recorder Pierson read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2932 duly passed. 1:33 COUNCIL BILL NO. 2933 - A RESOLUTION CERTIFYING SERVICES FOR STATE REVENUE SHARING McCallum introduced Council Bill 2933. City Recorder Pierson read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2933 duly passed. 1:33 TEEN CENTER AGREEMENT Tim Sinatra and Allison Weaver, of the Boys and Girls Club, provided the Boys and Girls Club annual report. Lonergan/Ellsworth ... authorize the City Administrator to enter into a Page 3 - Council Meeting Minutes, June 10, 2013 COUNCIL MEETING MINUTES JUNE 10, 2013 management agreement with the Boys and Girls Club of Salem, Marion, and Polk Counties. The motion passed unanimously. 1:47 TRANSIT VEHICLE MAINTENANCE AND REPAIR ACCEPTANCE OF PROPOSAL Lonergan /Morris... accept the proposal of Woodburn Auto Repair, Inc. for transit vehicle maintenance and repair services. Community Services Director Row provided a staff report. Councilor Cox asked if any employees would be laid off and Director Row answered no. On roll call vote the motion passed unanimously. 1:53 APPROVAL FOR SUBMISSION OF A TRANSPORTATION AND GROWTH MANAGEMENT (TGM) GRANT APPLICATION TO UPDATE THE WOODBURN TRANSPORTATION SYSTEM PLAN Lonergan/McCallum ... provide approval and support of an application for a Transportation and Growth Management (TGM) grant application for updating the Woodburn Transportation System Plan (TSP). The motion passed unanimously. 1:54 ELANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS A. Planning Commission approval of Planning cases DR 2013 -02 and PLA 2013 -01, located at 2601 Newberg Highway (Kentucky Fried Chicken) B. Planning Director approval of PAR 2013 -02 and EXCP 2013 -02, located at 705 Garfield Street (Matveev partition) Council declined to call these items up for review. CITY ADMINISTRATOR'S REPORT The City Administrator had nothing to report. 1-55 MAYOR AND COUNCIL REPORTS Councilor Morris pointed out the ODOT cameras facing east and west at the interchange are up and available for viewing. Councilor Ellsworth thanked Horst for his service to the City. Mayor Figley expressed her appreciation to the Class of 2013. Councilor McCallum stated that the Mayor's Prayer Breakfast was outstanding. Council Lonergan concurred with Councilor McCallum. 1:56 ADJOURNMENT McCallum/Lonergan.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:09 pm. APPROVED KATHRYN FIGLEY. MAYOR ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 4 - Council Meeting Minutes, June 10, 2013 4 City of Woodburn Recreation and Park Board Minutes May 14, 2013 • 5:30 p.m. WOODBURN 1. CALL TO ORDER The meeting and was called to order at 5:30 p.m_ 2. ROLL CALL Position I Vacant, Member (12/13) Position II (Student) Sofie Velasquez (12/13) Present Position III Joseph Nicoletti, Board Secretary (12/13) Absent Position IV Rosetta Wangerin, Board Chair (12/13) Present Position V Bruce Thomas, Member (12/13) Present Position VI Ardis Knauf (12/16) Present Position VII Gevin Gregory (12/16) Present 3. APPROVAL OF MINUTES The minutes from the March 12, 2013 meeting were approved unanimously (Thomas/ Knauf). The minutes from the April 9, 2013 meeting were approved unanimously (Thomas / Gregory). 4. BUSINESS FROM AUDIENCE None 5. NEW BUSINESS Ford Leadership Program Presentation Members of the Ford Family Foundation's Institute Leadership Cohort 11 program presented their upcoming project to the Board. The project will involve the installation of outdoor exercise equipment stations around the pathways at Centennial Park. The group is working in collaboration with Recreation & Parks staff and is seeking partnerships with the Woodburn Rotary Club and other community organizations. They indicated that they plan to have the project completed by January 2014. Evan Thomas, a member of the Woodburn Rotary Club, spoke in support of the project and of the Club's commitment to provide financial and other support. The Board unanimously approved a motion of support for the project (Thomas/ Knauf). Annual Park Tour Members decided to hold the annual park tour at 5:00 PM on June 14, 2013 6. OLD BUSINESS Centennial Park Traffic Counts Page 1 of 4 5 City of Woodburn Recreation and Park Board Minutes May 14, 2013 • 5:30 p.m. WOODBURjv Jim Presented the Board with traffic count data from the week of April 22 -29, 2013. Total traffic into the park was 2,214 for the week. That compares to 403 during the week of January 22 -30, 2013 and 1,291 during the week of October 15 -22, 2012. DIVISION REPORTS Aquatics — Kristin Wierenga Finance Review • April was a great month for us = 50% cost recovery. • Every month for the last 12 months, our revenue has beaten the previous year's revenue. o YTD = 44% cost recovery Upcoming Events • Lifeguard class this week with 9 signed up • Summer all staff training June 2 nd & 8 th o Website has all summer programs updated —including day camps at WAC Summer kick off week June 17 -21 • $5 Swim lesson week • Buy 2 swim lessons, get the Y 50% off (within one family) • 20% off monthly EFT memberships • Free fitness classes during that week (Mon -Fri) o All fall events /programs in registration system (fall programs on website very soon!) Marketing • Radio partnership with 98.7 & 95.5 —On air ads, on air giveaways, FB enter to win, etc. • FB campaign started last month (3.5 weeks ago) & has been very successful 425 new page likes Almost 11,000 impressions Generating new revenue for us & lifeguard recruits, etc. Other New porch lights are installed and look greatibright Reminder Kristin on maternity leave July — September (Jim/Stu to provide updates) o New kiosk at front desk Page 2 of 4 1.9 City of Woodburn .� Recreation and Park Board Minutes May 14, 2013 • 5:30 p.m. WOODBL RN o For month of April, monthly membership revenue was 44% of total membership revenue Recreation Youth Sports - T -Ball and Kidz Love Soccer continue until mid -late May Community Ed Classes - Kids in the Kitchen Classes have already reached capacity for the space at the Library. Currently working on a possible partnership with the Woodburn Health Center to use their training kitchen. Pitch, Hit & Run - On May 4th we hosted MLB Pitch, Hit, & Run, a free skills competition where the participants have the opportunity to compete in four levels and ultimately travel to the National Finals at the MLB All Star Game. There were 16 participants. YAB - The Youth Advisory Board continues to do a fundraiser called `Senior Service' targeting senior citizens in need of odd jobs being done around the house. Appointments can be made by calling Esme Rios, AmeriCorps volunteer at 503- 982 -5239. Donations are accepted for the YAB Scholarship Fund. Out & About - Since the last Park Board meeting the summer Out & About has been published and upgraded to a thick glossy paper. We have received very positive feedback on the publication. Summer - We are gearing up for summer • Summer Day Camp (June 17 — August 16) • GREAT (Gang Resistance Education & Training) in cooperation with WPD (June 17 — June 21) • Safety Camp (July 29 — August 1) Men's Basketball Tournament (June 28 — 30) Kidz Love Soccer Classes (2 sessions June — August) • Summer Tennis Camp and Tennis Lessons Photography, career, and gardening classes Active Adult Trips & Tours Parks and Facilities — Jim Row Jim briefly discussed the status of the Legion Park Playground Project, which is scheduled for completion on May 21. There was also a brief discussion about the Legion Park project that the department recently submitted a grant application for. Page 3 of 4 7 City of Woodburn Recreation and Park Board Minutes May 14, 2013 • 5:30 p.m. 8. FUTURE BOARD BUSINESS 9. BOARD COMMENTS 10. ADJOURNMENT The meeting adjourned at 6:35 PM Joseph Nicoletti, Board Secretary Jim Row, Community Services Director Date Page 4 of 4 91 6/17/2013 Woodburn Police Department MONTHLY CRIMINAL OFFENSES JANUARY THRU DECEMBER 2013 vcro�er�nu ITotal an Feb Mal' — W — )r MaV AGGRAVATED ASSAULT 19 3 6 NIMAL CRUELTY O 1 NIMAL ORDINANCES ul ? 3 �I Page 1 of 2 9 6/17/2013 Woodburn Police Department MONTHLY CRIMINAL OFFENSES JANUARY THRU DECEMBER 2013 Total an Feb Mar r Ma SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY 2 1. 1 0 SEX CRIME - MOLEST (PHYSICAL) 1 5 0 SEX CRIME - NON FORCE SODOMY 2 1 0 1 0 SEX CRIME - NON -FORCE RAPE 1 0 0, 1 0 SEX CRIME - PORNOGRAPHY /OBSCENE MATERIAL 1 0 1 0 STALKER 1 0 0 2 0 TOLENPROPERTY - RECEIVING,BUYING,POSSESSING 1 4 5 1, 0 0 SUICI DE 1 0 1. HEFT - BICYCLE 101 1 3 3 HEFT - BUILDI 2 4 5 3 5 HEFT - FROM MOTOR VEHICLE 51 2 7 11' S' 8 HEFT - MOTOR VEHICLE PARTS /ACCESSORIES 3 1' 01 11 0 HEFT -OTHER 7 13 1 16 9 16 THEFT - PICKPOCKET 2 1 0. HEFT -PURSE SNATCH 0 Z 4 1 1' HEFT - SHOPLIFT 10 24 2 161 221 18 TRAFFIC ORDINANCES 1 1: 0 RAFFIC VIOLATIONS 69 13 2 1 16 RESPASS 2 5 3 UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 18 1 2' 4 ANDALISM 86 21 2 13 22 V EHICLE RECOVERD FOR OTHER AGENCY 1 1 0 1 WARRANT ARREST FOR OUR AGENCY 5 1 1 14 EAPON -CARRY CONCEALED 0 0 0 1 1' W EAPON - EX FELON IN POSSESSION Z 01 0 0 0 2 EAPON- POSSESS ILLEGAL 0 0 ILLFUL MURDER 11 01 01 11 q 0 Total I Jan Feb Mar A r Ma 2013 Total 11,332 32 26 26§ 17 30 2012 Total 1 980 24 24 233 264 2011 Total 86f 2021 184 22 253 1400 13W 1000 800 800 400 zoa Offenses / Year Page 2 of 2 10 2011 2012 2013 YEAR 6/17/2013 Woodburn Police Department MONTHLY ARRESTS BY OFFENSES JANUARY THRU DECEMBER 2013 CHARGE DESCRIPTION GGRAVATED ASSAULT ANIMAL CRUELTY Total an Feb Mar 'A r Ma 1 1 1 0 2 0 1 1 NIMAL ORDINANCES 4 0, 1 3 0 'ASSAULT SIMPLE TTEMPTED MURDER 46 11 0 11 7 0 7 10' 0 BOMB THREAT 3 3 0' BURGLARY - BUSINESS BURGLARY - RESIDENCE 0 1 1 0 01 1 0 1, 1 HILD NEGLECT 8 1 3 RIME DAMAGE -NO VANDALISM OR ARSON 5 1 0 2 0 CURFEW 2 0 USTODY - DETOX 2 0 0 0 USTODY - MENTAL 15 1 2 DISORDERLY CONDUCT DRIVING UNDER INFLUENCE DRUG LAW VIOLATIONS 28 6 84 8 9 2 1 4 23 1 1 9 13 2 DRUG PARAPHERNALIA 1 1 0 DWS /REVOKED - FELONY 1 0 0 1 1 DWS /REVOKED- MISDEMEANOR 14 6 0 3 ELUDE EMBEZZLEMENT 5 1 0 1 0 1 0 0 1!, ESCAPE FROM YOUR CUSTODY t 0 1 0 FAIL TO DISPLAY OPERATORS LICENSE 9 2 1 0 1 FORCIBLE RAPE 1 0 0 1 FORGERY /COUNTERFEITING 1 1 0 1 _ FRAUD - ACCOUNT CLOSED CHECK 1' 0 0 1 0 FRAUD - BY DECEPTION /FALSE PRETENSES FRAUD - CREDIT CARD /AUTOMATIC TELLER MACHINE FRAUD - IMPERSONATION 2 1 0 0 1 0 1 0 0 0 1 0 0 FRAUD -OTHER 8 Ul 0 FUGITIVE ARREST FOR ANOTHER AGENCY 75 2 11 14 10 1 FURNISHING 0 0 0 2 ARBAGE LITTERING 0 HIT AND RUN FELONY 1 0 0 0 1 HIT AND RUN - MISDEMEANOR 0 1 DENTITY THEFT 0 1 4 NTIMIDATION /OTHER CRIMINAL THREAT 12 11 11 1 6 MINOR IN POSSESSION 15 0 0 MOTOR VEHICLE THEFT 0 0 0 THEIR 2 10 7 PROPERTY RECOVER FOR OTHER AGENCY 3 0 Q 01 0 PROSTITUTION - ENGAGE IN O7-0F_01 RECKLESS DRIVING 3 1 0 RECKLESSLY ENDANDERING 7 0 0 1 6 RESTRAINING ORDER VIOLATION 4 1 ROBBERY - BUSINESS 5 1, 0 2 1 1 ROBBERY - CONV.STORE 0 0 0 3 ROBBERY -OTH iRUNAWAY EX CRIME - CONTRIBUTE TO SEX DELINQUENCY SEX CRIME - MOLEST (PHYSICAL) SEX CRIME - NON FORCE SODOMY 3 1 1 0 1 0 1, 0 0 0 1 2 1; 1 0 0 2! 1 1, 0 'SEX CRIME - NON -FORCE RAPE ill 0 1 TA LKER 11 0 01 0 1 Page 1 of 2 11 6/17/2013 Woodburn Police Department MONTHLY ARRESTS BY OFFENSES JANUARY THRU DECEMBER 2013 TOLEN PROPERTY - RECEIVING,BUYING,POSSESSIN HEFT - BUILDING Total 7; an 2 2 Feb 1 Mar 2 1 r 1 Ma HEFT - OTHER 15 3 1' 1; 6 HEFT - PURSE SNATCH 2. 2 0- 0 HEFT - SHOPLIFT S 2 1 19 11 20 1 RAFFIC VIOLATIONS 42 3 1 9 RESPASS 28 5 ANDALISM 4 1 1 01 3 EHICLE RECOVERD FOR OTHER AGENCY 2 ARRANT ARREST FOR OUR AGENCY 54 12 15 8 1 WEAPON - CARRY CONCEALED 0 0 1 1 EAPON - EX FELON IN POSSESSION 4 1 1' EAPON - POSSESS ILLEGAL 1 1 0 Jan Feb Mar A r Ma 2013 Total 8011 1881 16 13 961 217 2012 Total j 67 16 16S 99 117 141 2011 Total 85 1561 9 1S5 20 20 1000 Boo N 604 N d Q 400 200 0 Arrests / Year Page 2 of 2 12 2011 - 2012 2013 Year WO N 1' G9W& n. , ,..,ed I June 24, 2013 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Hendryx, Director of Economic & Development Services SUBJECT: Update of the Woodburn Development Ordinance, Legislative Amendment 2012 -01 RECOMMENDATION Resume the public hearing on the proposed revision. Adopt Legislative Amendment 2012 -01 and instruct staff to prepare an Ordinance to enact the Council's decision. Alternatively, continue the public hearing to a date certain and instruct staff to return with further revisions. BACKGROUND Legislative Amendment 2012 -01 (LA 2012 -01) completes the ordinance rewrite begun three and a half years ago, revising the following: Section 1 (Definitions), Section 2 (Land Use and Specific Use Standards), Section 3 (Development Guidelines and Standards) and Section 5 (Application Requirements). The Council opened the public hearing at its May 13Th meeting, heard a staff presentation, requested additional information and input on street cross - sections, and continued the hearing to the June l Oth meeting. At that time, the Council received testimony from the Fire District regarding the "skinny street" design. The public hearing was then continued to this meeting. DISCUSSION: Background information, including proposed text, was provided in advance of the public hearings on LA 2012 -01 and is not attached to this Agenda Item. These materials are also available on the City's webpage and are available at the Economic and Development Services Department. The City Council has the opportunity to continue the public hearing and discussions on the proposed rewrite of the WDO, initially opened on May 13th. Agenda Item Review: City Administrator _x_ City Attorney _x_ Finance _x_ 13 Honorable Mayor and City Council June 24, 2013 Page 2 Council may conclude discussions on LA 2012 -01 and direct that ordinances be prepared, or continue the public hearing to a date certain. FINANCIAL IMPACT This decision is anticipated to have a mixed public sector financial impact. Costs of implementing the ordinance revision may slightly increase. The greater effect will be on the private sector, where clarity and flexibility of regulation are anticipated to stimulate private investment and development. Increased development may slightly increase City revenues. 14 WOO DBUB �� 1 In....... red I.Sll June 24, 2013 TO: Mayor and City Council through City Administrator FROM: Scott D. Russell, Chief of Police SUBJECT: ORS 190 Agreement with City of Stayton for a Police Mobile Data System RECOMMENDATION Recommendation: Pass the resolution entering into a new ORS 190 agreement with the City of Stayton to provide police mobile data system services. BACKGROUND The Woodburn Police Department operates a multi -user mobile data system, which allows simultaneous access by more than one agency. The Woodburn Police Department has offered this system to our partner agencies in Marion County for several years. The sharing of our system provides the following benefits: -City of Woodburn can recoup a portion of the cost of annual maintenance -Quality mobile data system to other cities at a reduced cost -improve police operations through the sharing of records and information DISCUSSION Currently, Hubbard, Silverton, and Mt. Angel Police Departments participate in the mobile data system. With the completion of the METCOM 911 agreement The City of Stayton Police Department now wishes to connect Mobile Computer Terminals to our system. These mobile terminals will allow Stayton officers to communicate with other officers on the network and allow records checks in their vehicles. This is the next step towards a completely integrated solution for Stayton, and follows the steps that Woodburn is already taking. The charges to Stayton are due to the use of software licenses already purchased by the city of Woodburn, staff support, and charges for Standard Software Maintenance agreements. Agenda Item Review: City Administrator City Attorney Finance 15 Mayor and City Council June 24, 2013 Page 2 FINANCIAL IMPACT City of Stayton will be paying for all costs associated with their implementation of the system and will contribute to the annual system maintenance costs in accordance with Appendix "A" of the agreement. Existing costs are already accounted for within the budget of the Police and Information Services Departments. 16 COUNCIL BILL NO. 2934 RESOLUTION NO. 2033 A RESOLUTION AUTHORIZING EXECUTION OF A POLICE MOBILE DATA SYSTEM AGREEMENT BETWEEN THE CITY OF WOODBURN AND THE CITY OF STAYTON WHEREAS, it is mutually beneficial for public agencies to supplement, coordinate, and support one another; and WHEREAS, the community welfare is best preserved through such supplemental support; and WHEREAS, Oregon Revised Statutes, Chapter 190 authorizes intergovernmental agreements for cooperation services; and WHEREAS, the City of Woodburn previously executed agreements with the Cities of Silverton, Mt. Angel, and Hubbard to provide a Mobile Data System; and WHEREAS, the City of Woodburn and the City of Stayton desire to enter into an identical agreement for the mutual benefit of both agencies; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The Mayor is authorized to sign the Mobile Data System Agreement between the City of Woodburn and the City of Stayton, a copy of which is affixed hereto as Attachment "A" and, by this reference, incorporated herein. Approved as to Form: City Attorney Date /M71ZWa Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder Page 1 - COUNCIL BILL NO. RESOLUTION NO. Kathryn Figley, Mayor Will ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. RESOLUTION NO. 18 Attachment "A" Page 1 of 6 Agreement Mobile Data System This agreement amendment is made to engage the services of the City of Woodburn to provide a Mobile Data System to the City of Stayton; and is made under the authority and in consideration of the provisions of ORS 190.003 to 190.110. In consideration of mutual benefits and obligations herein set forth, the parties agree as follows: Scope of Services City of Woodburn shall maintain a police Mobile Data System for the City of Stayton. The system shall provide a user generated law enforcement mobile data system and provide Stayton Police Department message switching to the Oregon Law Enforcement Data System (LEDS). 2. City of Stayton shall provide and maintain desk top computers, printers, controllers, mobile data computers, all required desktop and mobile software, all telecommunication lines and related equipment, and any other equipment for access to the Mobile Data System. All ownership rights to said equipment shall remain with the City of Stayton. 3. In addition to any standard data processing services agreed to in any other agreement between the parties the following standard data processing services shall be provided: 1.3.1 Full time (24 hour, 7 days a week) operation and support for RS6000 computer and software, and maintenance of backup and archival data storage media according to Woodburn Police Department standard procedures, and access to CAD and LEDS message switching facilities; all of which is subject to reasonable downtime for routine maintenance, support, and emergency repairs. 1.3.2. Current manuals and other necessary documentation, protocols, and procedures will be provided. 1.33". City of Woodburn upon request, but no more than once a quarter, meet with City of Stayton and participate in a Mobile Data user group. 1.4 Ownership of all records information entered into the system by Stayton Police Department shall remain with Stayton Police Department. 2. Fees and Charges Mobile Data Agreement Page 1 of 5 19 Attachment "A" Page 2 of 6 2.1 Fees and charges for the police Mobile Data System shall be based on a per unit pricing model. Fees and charges are reflected in Addendum "A" of this agreement 2.2 The City of Stayton will be offered new Mobile Data System modules as they become available and agreed to be purchased by the City of Woodburn. Fees and charges for the new modules will be based on the current users per unit pricing model. Unless otherwise agreed upon, new modules shall be paid within 45 days after delivery of the software. 2.4 If the parties do not agree as to the need for a new Mobile Data System module(s) the City of Stayton may elect to purchase the Mobile Data System module(s) for it's own use as long as the module(s) has no detrimental effect on the operation of the overall Mobile Data System. The City of Woodburn shall have no responsibility or obligation with respect to the purchase of this module(s). 2.4 Fees and charges for future years shall be based on actual cost using the per unit pricing model. Billing and Payment 3.1 The annual charges and fees shall be due in equal quarterly installments commencing January 1, 2013. 12 Fees and charges for new records management modules shall be due 30 days after installation is completed. 4. Security 4.1 City of Woodburn shall provide adequate system and data security for police Mobile Data Systems in accordance with requirements of Oregon Law Enforcement Data System (LEDS) and the U.S. Department of Justice National Crime Information Center (NCIC). 4.2 City of Woodburn shall have no responsibility or obligation with respect to access to the Stayton Mobile Data System through individual members of Stayton Police except to allow access to the Mobile Data System only upon use of passwords and procedures adopted in accordance with provisions of 4.1. 43 City of Woodburn shall have no responsibility or obligation to verify the identity or authority of any person using the Stayton Mobile Data System who has used appropriate passwords and procedures to gain access to the Mobile Data Agreement Page 2 of 5 20 Attachment "A" Page 3 of 6 system. 4.4 Stayton Police Department shall be exclusively responsible for the protection and security of terminal equipment located in their facility or vehicles. 5. Limitations of Liability 5.1 City of Woodburn assumes no liability for the accuracy of any data entered by Stayton Police Department in the Mobile Data System, nor errors in data transmission over an internet system or telephone lines. City of Woodburn represents and warrants only that it will use its best efforts to maintain a database of information exactly as entered, modified, or deleted by those data entry signals which reach its modem. 5.2 City of Woodburn shall require City of Stayton, as a condition of participation in the Mobile Data System, to execute and deliver to City of Woodburn an indemnity agreement satisfactory to City of Woodburn. The agreement shall indemnify, defend, and save harmless the City of Woodburn, its officers, employees, and agents from and against any claim or demand arising out of or in connection with any act, error or omission of any person for those acts such user may be responsible under ORS 30.265, or out of connection with such user's use of the Mobile Data System and caused by any condition or circumstance for which liability is expressly disclaimed or limited by City of Woodburn under any provision of this agreement, to the extent of such disclaimer or limitation. City of Woodburn's sole remedy of City of Stayton's failure, for any reason, to require any indemnity agreement as required under this section shall be to refuse or discontinue service to City of Stayton. 5.3 City of Woodburn agrees, to the extent it may under the Constitution and laws of Oregon, to indemnify, defend, and save City of Stayton harmless from any and all claims arising out of the acts, errors or omissions of City of Woodburn or those for whose acts may be held liable under ORS 30.265, save and except any claim for which City of Woodburn has expressly disclaimed or limited its liability hereunder, to the extent of such disclaimer or limitation; and further provided that with respect to any single claim or occurrence, City of Woodburn liability arising out of contribution or indemnity shall not exceed the limits provided by ORS 30.270, if applicable to the asserted claim. 6. Terms and Termination 6.1 This agreement shall be effective upon execution hereof on behalf of both parties, and shall continue until terminated as provided in 6.2. Mobile Data Agreement Page 3 of 5 21 Attachment "A" Page 4 of 6 6.2 This agreement may be terminated by City of Stayton upon written notice given not later than March 1 of each year. 6.3 Notwithstanding the giving of notice of termination as provided in 6.2, City of Stayton shall remain obligated with respect to any unfulfilled financial obligation which accrued hereunder prior to the effective date of such termination. Communication and Notice 7.1 Any notice in writing required to be given hereunder shall be sufficient if sent by regular mail or personally delivered to the Chief of Police, City of Woodburn; and to the Chief of Police, City of Stayton. 7.2 Each party shall designate, and may change from time to time, a representative for communication, negotiations, and general liaison with the other concerning the content, future, and administration of this Agreement. No such designated representative shall be held an agent or attorney -in -fact having authority to bind either party. Attorney Fees 8.1 In the event it is necessary for either party to bring an action in the courts of the State of Oregon to enforce any rights under this Agreement, the non - prevailing party shall pay to the prevailing party its reasonable attorney fees at trial or on appeal in a sum determined by the court. 9. Amendments 9.1 This Agreement represents the complete and integrated agreement between the parties with respect to the subject matter hereof, and may be amended only by written amendment executed by both parties. As such, this Agreement cancels and supersedes all prior written and oral agreements, representations, negotiations, and communications between the parties and their representatives with respect to the subject matter hereof. IN WITNESS WHEREOF the parties have caused the Agreement to be executed on Mobile Data Agreement Page 4 of 5 22 Attachment "A" Page 5 of 6 behalf by their duly authorized representatives as of the dates set forth below. City of Woodburn Title: Date: Reviewed As To Form: N. Robert Shields, City Attorney Mobile Data Agreement Page 5 of 5 Stayton City of Title: iCT a Date: ,S /,2c t3 Form: Reviewed As To ,City Attorney 23 Appendix "A" Slayton Police Department A Qty Description 1.00 NW Law Pnforcement Records Workstations 1.00 Mobile Client Software (8 Units) 1.00 Virtual Machine Operating System (Woodburn) 1.00 VM Microsoft Office Suite (Woodburn) 1.00 VM Symantec Anti Virus (Woodburn) 2.00 Virtual Machine Set Up & Installtion (Woodburn hours) 4.00 Software Set -up (Woodburn hours) 24.00 MDT Client Set -up and Configure (Woodburn hours) 12.00 6 months monthly PP Maintenance Unit Price Line Total 1,200.00 $1,200.00 $11,200.00 300.00 $300.00 In Office Access 200.00 $200.00 In Office Access 65.00 $65.00 In Office Access 63.00 $126.00 63.00 $252.00 63.00 $1,512.00 63.00 $756.00 Total $15,611.00 D 00 W s 3 m m rn� 0 rn D Woo ®N June 24, 2013 TO: Honorable Mayor and City Council, Acting as the Local Contract Review Board, through City Administrator FROM: Dan Brown, Public Works Director SUBJECT: Award of Construction Contract for Tree Removal and Fence Installation East of the 1 -5 Interchange Project RECOMMENDATION That the City Council, acting as the Local Contract Review Board, award the construction contract for the Tree Removal & Fence Installation East of 1 -5 Interchange Project to R &R Tree Service in the amount of $72,255. BACKGROUND The contract involves the removal of trees and shrubs in newly acquired ODOT Right -of -Way and Easements, and the installation of temporary fencing for the I- 5 Interchange Project. The project includes the installation of 2,160 LF of 5' high field fencing, the removal of 3,100 LF of existing fencing, and the removal of trees & shrubs to the east of the 1 -5 Interchange. Bids for this project were opened on June 11, 2013. A total of three (3) bids were received. Two (2) bids were received from responsible, pre - qualified Bidders. One (1) bid was nonresponsive. Offers received are as follows: No: Name Amount 1 R &R Tree Service $72,255.00 2 D &T Excavation $90,946.39 3 TruGreen LandCare NR* Engineer's Estimate $90,588.10 NR* - Nonresponsive Bids Agenda Item Review: City Administrator _x_ City Attorney _x_ Finance _x_ 25 Honorable Mayor and City Council June 24, 2013 Page 2 The recommended award is 20% below the Engineer's estimate. DISCUSSION The timely removal of trees and shrubs that are in conflict with the upcoming 1 -5 Interchange Project is critical for minimizing delays and enabling a successful project. The temporary fencing will aid in protecting residential properties from construction activities. The contract award is in conformance with public contracting laws of the State of Oregon as outlined in ORS Chapter 279C and the laws and regulations of the City of Woodburn, therefore, staff is recommending the contract be awarded. FINANCIAL IMPACT The project will be funded using Street SDC (376) funds as identified in the 2013/14 fiscal budget. This expenditure will be credited to the City and reduce its outstanding contributory obligation to the ODOT Interchange and Transit Facility Project. Estimated Project Cost Summary: • Design and Technical Services • Construction Contract • Construction Contingency • Construction Management & Inspection Total Estimated Project Cost Budgeted Project Cost Estimate $ 10,000.00 $ 72,255.00 $ 10,000.00 $ 15,000.00 $ 107,255.00 $ 117,358.00 26 woo ®N Ag"4.1 • Inao.y:,areA ivev June 24, 2013 TO: Honorable Mayor and City Council, Acting as the Local Contract Review Board, through City Administrator FROM: Dan Brown, Public Works Director SUBJECT: Award of Construction Contract for the Tree Removal and Temporary Fence Installation West of 1 -5 Interchange Project RECOMMENDATION That the City Council, acting as the Local Contract Review Board, award the construction contract for the Tree Removal & Temporary Fence Installation West of 1 -5 Interchange Project to R &R Tree Service in the amount of $43,878. BACKGROUND The contract involves the removal of trees and shrubs in newly acquired ODOT Right -of -Way and Easements, and the installation of temporary fencing for the I- 5 Interchange Project. The project includes the installation of 1,400 LF of 5' high field fencing, the removal of 1,550 LF of existing fencing, and the removal of trees & shrubs to the west of the 1 -5 Interchange. Bids for this project were opened on June 11, 2013. A total of three (3) bids were received. Two (2) bids were received from responsible, pre - qualified Bidders. One (1) bid was nonresponsive. Offers received are as follows: No: Name Amount 1 R &R Tree Service $43,878.00 2 D &T Excavation $48,620.29 3 TruGreen LandCare NR* Engineer's Estimate $48,626.20 Agenda Item Review: City Administrator _x_ City Attorney _x_ Finance _x_ 27 Honorable Mayor and City Council June 24, 2013 Page 2 NR* - Nonresponsive Bids The recommended award is 10% under the Engineer's estimate. DISCUSSION The timely removal of trees and shrubs that are in conflict with the upcoming 1 -5 Interchange Project is critical for minimizing delays and enabling a successful project. The temporary fencing will aid in protecting residential properties from construction activities. The contract award is in conformance with public contracting laws of the State of Oregon as outlined in ORS Chapter 279C and the laws and regulations of the City of Woodburn, therefore, staff is recommending the contract be awarded. FINANCIAL IMPACT The project will be funded using Street SDC (376) funds as identified in the 2013/14 fiscal budget. This expenditure will be credited to the City and reduce its outstanding contributory obligation to the ODOT Interchange and Transit Facility Project. Estimated Project Cost Summary: • Design and Technical Services • Construction Contract • Construction Contingency • Construction Management & Inspection Total Estimated Project Cost Budgeted Project Cost Estimate $ 7,000.00 $ 43,878.00 $ 10,000.00 $ 10,000.00 $ 70,878.00 $ 77,626.00 28 Jim Hendryx From: Roger Midura [roger.midura @gmaiLcom] Sent: Tuesday, June 11, 2013 5 PM To: Jim Hendryx Cc: Terri Frohnmayer; emma @integritysignsoregon.com, Ian Midura Subject: temporary sign for CG zoned property @ W Hayes St site Attachments: 2013 W Hayes temp sign.pdf Hi Jim. It has been brought to my attention that the City of Woodburn is undergoing major revisions to its Planning Documents. I would ask the City of Woodburn to grant me an exception to the temporary sign code that states said signs must be removed after 60 days. Over my many years in Woodburn, I have noticed any number of commercial signs advertising vacant commercial sites "for sale" and /or "for lease" remaining on site for months to years. As you know, I spent over $20,000 in City fees and architectural design expenses in getting my design approved by the City some time ago. But with the major area congestion the next four to five years due to the I -5 interchange project, my leasing agent argues this site's congestion issues require a more detailed temporary sign than generic signs that can be easily removed after 60 days. My intent is to build, own, and lease this structure; but only if the building is 50% pre - leased. It makes no economic sense to build this quite expensive temporary sign if it must be removed in 60 days. Local, state, and federal agencies talk about creating "jobs, jobs, jobs." Far more city tax revenue and jobs will be created with the construction of this commercial building rather than having it remain a grass field until the I -5 dust settles! If you support my request, please notify the appropriate city authorities. Thank you. -Roger B. Midura