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September 8, 2014 Agenda KF,M CW ATHRYN IGLEYAYOR ITY OF OODBURN TAL,CW1 ERESA LONSO EONOUNCILOR ARD LE,CWII ISA LLSWORTHOUNCILOR ARD CCA PMC,CWIII ITYOUNCILGENDA ETER CALLUMOUNCILOR ARD JC,CWIV AMES OXOUNCILOR ARD FL,CWV RANK ONERGANOUNCILOR ARD S8,2014–7:00.. EPTEMBERPM EM,CWVI RIC ORRISOUNCILOR ARD CHCC–270MS ITY ALL OUNCIL HAMBERS ONTGOMERY TREET 1.CALL TO ORDER AND FLAG SALUTE 2.ROLL CALL 3.ANNOUNCEMENTS AND APPOINTMENTS Announcements: None Appointments: None 4.COMMUNITY/GOVERNMENT ORGANIZATIONS A.Chamber of Commerce 5.PROCLAMATIONS/PRESENTATIONS Proclamations: A.Hispanic Heritage Month1 Presentations: B.Frank Garcia –Governor’s Office 6.COMMUNICATIONS None – This allows the public to introduce items for Council 7.BUSINESS FROM THE PUBLIC consideration not already scheduled on the agenda. –Items listed on the consent agenda are considered routine 8.CONSENT AGENDA 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 August 11, 20142 This facility is ADAaccessible. If you need special accommodation, please contact the City Recorder at 503-980- 6318at least 24 hours prior to this meeting. **Habrá intérpretes disponibles para aquéllas personas que no hablan Inglés, previo acuerdo. Comuníquese al (503) 980-2485.** September 8, 2014Council Agenda Page i Recommended Action:Approve the minutes. B.Woodburn Recreation and Park Board minutesof August 12, 4 2014 Recommended Action:Accept the minutes C.Liquor License Off-Premises Sales, New Outlet8 Recommended Action:The Woodburn City Council recommend that the OLCCapprove the New Outlet for an Off-Premises Liquor Sales License for Tienda Guatemala. D.Building Activity for August 201410 Recommended Action:Receive the report. E.CrimeStatistics through July 201411 Recommended Action:Receive the report. 9.TABLED BUSINESS None. 10.PUBLIC HEARINGS A.FY 2014-2015Supplemental Budget Request16 –Members of the public wishing to comment on items of general 11.GENERAL BUSINESS 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. 2967-An Ordinance Prohibiting Residential 20 Parking on Unimproved Areas; Allowing the Placing of Citations on Illegally Parked Vehicles and Providing for Enforcement Procedures Recommended Action:Consider the attached ordinance prohibiting residential parking on unimproved areas. B.Council Bill No.2968-A Resolution Approving Transfers of FY 39 2014-2015 Appropriationsand Approving a Supplemental Budget Recommended Action:Hold a public hearing and adopt the attached resolution approving a supplemental budget for fiscal year 2014-2015 for the funds and departments listed on Exhibit A. C.Intergovernmental Agreement for School Resource Officer42 Recommended Action:It is recommended the City Council September 8, 2014Council Agenda Page ii authorize the City Administrator to sign an agreement with Woodburn School District for School Resource Officer services. D.Memorandum of Agreement with the State Building Codes 48 Division Recommended Action:City Council authorize the City Administrator to signa standardizedmemorandum of agreement (MOA) with the State of Oregon Building Codes Division (BCD) for the City’s Building Inspection Program. E.North Boones Ferry Road Truck Traffic51 Recommended Action: That the City Council: Receive the report and take no further action; or Authorize the City Administrator, on behalf of the City Council as the Local Road Authority; request the Marion County Board of Commissioners evaluate restricting truck traffic on North Boones Ferry Road. F.Award Construction Contract to Salem Road & Driveway for 56 2014 Pavement Maintenance Improvements, Bid #2015-02 Recommended Action:That the City Council, acting in its capacity as the Local Contract Review Board, award the construction contract for the 2014 Pavement Maintenance project to Salem Road & Driveway in the amount of $334,497.50. – These are 12.PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS 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.EXECUTIVE SESSION To conduct deliberations with persons designated by the governing body to carry on labor negotiations pursuant to ORS192.660(2)(d).(Pursuant to ORS 192.660 (4)this matter is placed on the agenda with the understanding that members of the news media areexcluded) 16.ADJOURNMENT September 8, 2014Council Agenda Page iii 1 COUNCIL MEETING MINUTES AUGUST 11, 2014 DATECOUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY 0:00 OF MARION, STATE OF OREGON, AUGUST 11, 2014 CONVENED The meeting convened at 7:08 p.m. withMayor Figley presiding. ROLL CALL Mayor Figley Present Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Morris Present Councilor EllsworthPresent Councilor Alonso Leon Present Staff Present: City Administrator Derickson, City Attorney Shields, Economic and Development Director Hendryx, Public Works Director Scott, Police Chief Russell, Finance Director Head, Community Services Director Row, Human Resources Director Hereford,Urban Renewal Manager Stowers, City Recorder Pierson ANNOUNCEMENTS 0:00 A.The City Council meeting scheduled for August 25, 2014 has been cancelled. The next Council meeting will take place September 8, 2014. B.City Hall, the Library and transit service will be closed September 1, 2014 in observance of Labor Day. The Aquatic Center will be open normal hours. PRESENTATIONS 0:01 William Orr, Co-Director of Paleontological Collections with the University of Oregon’s Museum of Natural and Cultural History provided information on the types of prehistoric animal bones that have been found in Woodburn. CONSENT AGENDA 0:27 A.Woodburn City Council minutes of July 28, 2014 McCallum/Cox …adopt the Consent Agenda. The motion passed unanimously. COUNCIL BILL NO. 2966 - A RESOLUTION WAIVING ORDINANCE 2312 0:28 (THE NOISE ORDINANCE) TO ALLOW NIGHTTIME CONSTRUCTION ACTIVITY ASSOCIATED WITH THE PACIFIC HIGHWAY 99E AND YOUNG STREET INTERSECTION IMPROVEMENT PROJECT McCallum introduced Council Bill No. 2966. 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. 2966 duly passed. Page 1 - Council Meeting Minutes, August 11, 2014 2 COUNCIL MEETING MINUTES AUGUST 11, 2014 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND 0:32 THE UNIVERSITY OF OREGON BY AND THROUGH THE CONDON COLLECTION Cox/Lonergan …enter into a Memorandum of Understanding (MOU) with the University of Oregon by and through the Condon Collection of the Museum of Natural and Cultural History related to the care and management of City owned Paleo- Archaeological artifacts. The motion passed unanimously. CITY ADMINISTRATOR’S REPORT 0:33 City Administrator Derickson thanked the Community Services and Public Works Departments for their work on the Fiesta Mexicana and thanked the Police Department for the work they did over the weekend. MAYOR AND COUNCIL REPORTS Councilor Alonso Leon thanked city employees for all the work they did for the Fiesta. th Councilor Lonergan mentioned that Woodburn was named the 6 best city in Oregon and thanked the Police Department for letting him ride around with Captain Garrett on National Night Out. Councilor McCallum stated that the Fiesta and the National Night Out were a lot of fun and reminded people that school is starting soon and to look out for kids. Mayor Figley thanked all the departments who helped with the Fiesta and congratulated the Chamber on a successful event. Councilor Ellsworth congratulated Chief Iverson on his Grand Champion win at the Fire House Cook-Off. Councilor Cox was pleased to announce that no children were hurt from the candy being thrown from the fire truck during the Fiesta parade. ADJOURNMENT 0:37 McCallum/Lonergan ...meeting be adjourned. The motion passed unanimously. The meeting adjourned at 7:45 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Heather Pierson,City Recorder City of Woodburn, Oregon Page 2 - Council Meeting Minutes, August 11, 2014 3 CityofWoodburn CityofWoodburn RecreationandParkBoardMinutes RecreationandParkBoardMinutes August12, 2014 5:30p.m. CALL TO ORDER 1. The meeting was called to order at 5:30 p.m. ROLL CALL 2. Position I Ricardo Rodriguez, Member (12/14) Present Position II Sofie Velasquez (12/14) Absent Position III Joseph Nicoletti, Board Secretary (12/17) Present Position IV Rosetta Wangerin, Board Chair (12/17) Absent Position V Chris Lassen, Member (12/17) Present Position VI Ardis Knauf (12/16) Present Position VII Gevin Gregory (12/16) Present APPROVAL OF MINUTES 3. The minutes from the May 13,2014meeting were unanimously approved (Gregory/ Lassen) BUSINESS FROM THE AUDIENCE 4. None NEW BUSINESS 5. Aquatics Supervisor Recruitment Jim and Kristin discussed the recruitment process for the Aquatics Supervisor position. The application period closes on August 15, and so far, the pool looks strong. Park Tour Discussion Members discussed the annual Park Tour, which took place on June 10. Jim compiled the comments submitted by Board members and reviewed it with the group. September Meeting Jim informed the Board that he and Kristin would be at the annual Oregon Recreation & Park Association conference on September 9, which is the regularly scheduled date for the next Park Board meeting. The group decided to meet on September 16, instead. Facility Use Agreement Jim informed the Board that the City and the Woodburn School District have negotiated an update Joint Facility Use Agreement. The last one was 4 executed in 2003 and was due for an update. The Agreement will go to the City Council for their approval on September 22. OLD BUSINESS 6. Legion Park Rehabilitation Project Jim provided an update on the status of the Legion Park project. The project was re-bid in early July, due to an error with the low bid from the first round. The City Council awarded a construction contract with Nomarco, Inc, on July 28, and construction is expected to begin any day. DIVISION REPORTS FROM DEPARTMENT 7. a.AQUATICS Financial Update Last FY still being finalized. Will provide report on that in Sept. July Revenue up 13% from last year ($4,020) o Expenses were down 30% from LY $22,816 ($10,000), however, not o final. Program Update We had a lifeguard program audit mid July which we passed with flying colors. New Locker Rental Program is working out pretty well. Some complaints about policy, but it has been welcomed by most customers. Lifeguard Class 3 students in class last weekend and all 3 passed the course. Customer Service Survey New and offered at the front desk Most customers have given a 4 or 5 on a 1 to 5 scale on satisfaction. Most common comments are in regards to the cleanliness of the locker rooms (would like them to be cleaner) and about the lifeguards (both positive and negative comments) th Lifeguard Games we placed 4at the competition Marketing Update Transit pass promotion 72 passes have been redeemed so far. They are valid until the end of August Working on fall promotions Swim lesson coupon to be published o Working with local schools to promote the Aquatic Center. o b.RECREATION Staff Recreation Coordinator Kyle Buse Full time position 5 Youth Sports Tennis lessons 24 last year, 24 this year Tennis camp 12 last year, 13 this year Kidz Love Soccer 22last year, 12 this year Soccer (fall league) recruiting coaches Active Adult Trips Active adult trips winter & spring - 87 last year, 114 this year One more summer trip to Stickman Brewery & Skewery this Thursday Events GREAT Camp 22 last year, 14 this year Kiwanis Safety Camp 29 last year, 13 this year Leaders in Training new program to teach middle school aged kids about leadership and prepare them to be camp counselors in the future at Summer Day Camp - Summer Day Camp & After School Club ran by school district this year th Summer Kick Off Party June 20Had roughly 75 80 in attendance. Partnered with BGC to offer science experience, YAB students for crafts th 4of July event a success with a couple vendors, local Salem band, festive crafts with YAB students, etc. Kids in the Kitchen 9 students this summer Woodburn Summer Nights concerts had great attendance (Abby Road most popular concert) & last Friday movie night had 75 in attendance Babysitting class new & a success 12 in 2 classes Amazing Race 35 last year, 28 this year End of summer party this Thursday, Aug. 14, at library from 1-4pm th 125Anniversary Celebration Sept. 7 at 4pm - coming soon in 2015 Youth Advisory Board YAB kids are looking to improve their organization with more opportunities for leadership growth (i.e. interview skills, mentoring, etc.) Talked about mission, vision & goals last meeting with the idea that the youth will lead and steer the program based off those ideas Revamping application and commitment forms for 14-15 school year Trying to recruit one member to serve on Park Board Adult Sports Co-Ed adult kickball league league Tennis tournament 12 last year, 12 this year Museum 6 Will be applying for an assessment grant in October to access the building and collections Will be opening on Sundays as well come October from 11am-3pm Recruiting volunteers to help with tours, collection management and advisory committee c.PARKS & FACILITIES Jim discussed the archeological dig that took place at Legion Park from July 21-25. Archaeologist Alison Stenger partnered with David Ellingson, a teacher from Woodburn High School, to manage the dig. A similar dig is taking place at the High School this week. FUTURE BOARD BUSINESS 8. None. BOARD COMMENTS 9. Chris is excited for all of the summer programs, with his granddaughter in Summer Day Camp. Joseph is looking forward to watching the changes at Centennial Park. Rosetta mentioned the importance of the Board taking part in the interview process for the Recreation Services Manager position. ADJOURNMENT 10. The meeting was adjourned at 6:25 p.m. 7 Agenda Item September 8, 2014 TO:Honorable Mayor and City Council through City Administrator THRU: Scott Russell, Chief of Police FROM:Jason R. Alexander, Captain SUBJECT: Liquor License Off-Premises Sales, New Outlet : RECOMMENDATION The Woodburn City Council recommends that the OLCC approve the New Outletfor an Off-Premises Liquor Sales License for Tienda Guatemala. : BACKGROUND Applicant: Aurelio Velasquez Jimenez 568 Ogle St Woodburn, Oregon 97071 503-890-1524 Applicant: Carmela Ahilon Mendozaz 568 Ogle St Woodburn, Oregon 97071 503-890-1524 Business:Tienda Guatemala 595N Pacific Hwybldg A Suite110 Woodburn, OR 97071 503-902-0906 Owners: Same as Applicant (Above) Agenda Item Review:City Administrator __x___City Attorney __x____Finance __x___ 8 Honorable Mayor and City Council September 8, 2014 Page 2 License Type: for an -,which permits beer, New OutletOffPremise Liquor License wine, and cidersales for off-premise consumption only. On August 5, 2014,the Woodburn Police Department received anapplication, requesting approval for a New Outletfor an Off-Premises liquor licensefor Tienda Guatemala. A convenient store, that will sell grocery food items as well as alcohol for off premise consumption. Tienda Guatemalawill be open Sunday from 8:00am to 9:00pm and Monday through Saturday 10:00am to 9:00pm.There willbe no recorded music, DJ music, karaoke, or video lotterygames. The Police Department has received no communication from the public or surrounding businesses in support of or against the new outlet. DISCUSSION: The Police Department has completed a background investigation, in connection with the OLCC,on the applicant and found nothing of a questionable nature, which would preclude the issuance of this license, or granting theNew Outlet. FINANCIAL IMPACT: None 9 CITY OF WOODBURN Economic and Development Services Department MEMORANDUM 270 Montgomery StreetWoodburn, Oregon 97071 (503) 982-5246 Date: August 30, 2014 To: Jim Hendryx,Economic and Development Services Director From: Building Division Subject:Building Activity for August2014 201220132014 No.Dollar AmountNo.Dollar AmountNo.Dollar Amount Single-Family Residential3$476,1933$502,2268$2,463,152 Multi-Family Residential0 $00 $01 $8,000 Assisted Living Facilities0 $00 $00 $0 Residential Adds & Alts2 $18,2763 $26,3155 $45,508 Industrial0 $02 $187,6695 $902,027 Commercial43$3,675,27413$144,38212$2,828,412 Signs and Fences1$32,7301$14,6001$8,000 Manufactured Homes0$01$25,0000$0 TOTALS 49$4,202,47323$900,19232$6,252,099 Fiscal Year to Date (July 1 – $8,146,654$2,622,531$7,985,726 June 30) K:\\Executive Legal Assistant\\01 - Attorney\\Council\\2014\\September 8\\Building Activity memo - 2014-8 August.doc 10 11 12 13 14 15 Agenda Item September 8, 2014 TO:Honorable Mayor and City CouncilthroughCity Administrator FROM:Sarah Head,Finance Director SUBJECT: 2014-2015 SUPPLEMENTAL BUDGET REQUEST RECOMMENDATION: Hold a public hearing and adoptthe attached resolution approving a supplemental budget for fiscal year 2014-2015 for the funds and departments listed on Exhibit A. SUPPLEMENTAL BUDGETS GENERALLY: Every year, after the budget is adopted by Council, circumstances and events arise that were either unforeseen or not quantifiable at the time the budget was prepared and adopted. In addition, supplemental budgets can be used to correct errors or oversights. Oregon Budget Law provides for changes to adopted budgets through a supplemental budget process that requires that the City provide public notice of the proposed changes and, if the change is greater than 10% of any fund’s total expenditures, hold a public hearing to discuss the proposed changes and accept public testimony on the changes. Staff provided the required public notice via the Woodburn Independentand the hearing will be held at the Council meeting on the 8prior to consideration of the resolution. th Like the adopted budget, supplemental budget requests must be balanced; in other words, net revenue and net expense for the request must be equal. This can be accomplished by budgeting additional revenue, or by reducing another expenditure category (such as contingencies). Agenda Item Review: City Administrator ___x___City Attorney ___x___Finance ____x___ 16 Honorable Mayor and City Council September 8, 2014 Page 2 DETAIL OF THIS REQUEST EXPENDITURES General Fund:Planning Department $7,500 The likely mediation for the Urban Growth Boundary is expected to cost approximately $7,500. General Fund: Non-departmental (Transfers Out) $20,000 This is to provide the $20,000 transfer to the Transit Fund previously budgeted in 2013-14 from the General Cap Const Fund. The General Cap Const Fund does not have resources available for the transfer so it will come directly from the General Fund. The Transit Fund will use the $20,000 for matching grant funds to purchase the large bus, which is expected to be completed later this fiscal year. Transit Fund: Transfers In $20,000 See above Building Inspection Fund: Personnel Services $110,000 The building department worked significant overtime last year in an attempt to maintain service levels, while handling additional demand. The building department has requested an additional full-time position and an overtime budget to serve the increased demand for services, as volume is continuing this year also. Information Services Fund: Materials & Services $20,000 To provide steady server platforms and current software for users the budget included multiple software licenses updates in this fiscal year. However, the license agreements are more expensive than initial research during budget preparation had indicated. 17 Honorable Mayor and City Council September 8, 2014 Page 3 FINANCIAL IMPACT: General Fund Expenditures: Planning7,500 Nondepartmental - Transfer Out20,000 Conting & Reserve(27,500) Total Expenditures- Transit Fund Revenues: Fund Balance(20,000) Transfers In20,000 Total Revenues- Building Inspection Fund Expenditures: Personnel Services $ 110,000 Conting & Reserve$ (110,000) Total Expenditures$- Information Services Fund Expenditures: Materials & Services$20,000 Conting & Reserve$(20,000) Total Expenditures$- 18 City of Woodburn 2014-2015 Supplemental Budget Exhibit A September 8, 2014 FundOriginalSupplemental Revised General Fund Expense Planning 326,175 7,500 333,675 Nondepartmental - Transfer Out 116,000 20,000 136,000 Conting & Reserve 2,319,714 (27,500) 2,292,214 Total Expense 2,761,889 2,761,889 - Transit Fund Revenue Fund Balance 170,000 (20,000) 150,000 Transfers In 116,000 20,000 136,000 Total Revenue 286,000 286,000 - Building Inspection Fund Expense Personnel Services 339,663 110,000 449,663 Conting & Reserve 396,015 (110,000) 286,015 Total Expense 735,678 735,678 - Information Services Fund Expense Materials & Services 398,735 20,000 418,735 Conting & Reserve 44,863 (20,000) 24,863 Total Expense 443,598 443,598 - 19 Agenda Item September 8, 2014 TO:Honorable Mayor and City Council FROM:Scott Derickson, City Administrator Scott Russell, Chief of Police SUBJECT: Ordinance Prohibiting Residential Parking on Unimproved Areas : RECOMMENDATION Consider the attached ordinance prohibiting residential parking on unimproved areas. : BACKGROUND In response to residents’ concerns about vehicles being parked in residential yards and the resulting detrimental neighborhood impacts, the City Council asked staff to draft an ordinance to address this concern. A draft ordinance was provided to the City Council for discussion during the Council’s July 14, 2014 meeting. Councilors that attended that meeting expressed varying opinions as to what the ordinance should do and how far it was appropriate for government regulation to go. The City Recorder has prepared a transcript of the July 14 City Council discussion (see attached transcript). After reviewing thetranscript and consulting with Mayor Figley it was recommended that the ordinance be simplified to specifically address parking issues while avoiding ancillaryimpacts and regulations such as gravel rules, etc. DISCUSSION: Consequently, atthe Mayor’s suggestion, an ordinance is again being placed before the City Council for further discussion.In its current revised form, this ordinance: (1) requires that motor vehicles be on an “improved area;” (2) defines an “improved area” as “an area surfaced with concrete, asphalt, gravel or any other material commonly used for the parking of motor vehicles, but not including grass or dirt;” (3) provides an exception for an emergency; and (4) makes each violation of the ordinance as class 4 civil infraction (a $125 fine). Agenda Item Review:City Administrator ___X___City Attorney __X____Finance __X__ 20 Honorable Mayor and City Council September 8, 2014 Page 2 The proposed ordinance does notchangea resident’scurrent ability to “improve” their parking site with gravel, pavement, blacktop, etc. Councilor Morris asked about a community education and outreach plan to notify resident’s community wide about potential impacts prior to adoption. He suggested that the City Council consider a grace period to allow residents to make improvement prior to enforcement. FINANCIAL IMPACT: Enforcement and adjudication costs associated with the implementation of this Ordinance include: staff time to add the charges to the City’s Law Enforcement Records Management System and Court Management System, general enforcement time, court and prosecution time as necessary. These costs are currently included in the Police Department and Municipal Court budgets. Itis possible that cost increases caused by additional workload from the implementation of this Ordinance could exceed the revenue generated through fines. Public outreach and information regarding this new ordinance is not included in a current City department’s budget and will need to be assessed. 21 July 14, 2014 discussion on Draft Parking Ordinance Mayor: The next items are under the heading of general business and the first of those items is the discussion of draft ordinance which is entitled an ordinance prohibiting residential parking on unimproved areas; allowing the placing of citations on illegally parked vehicles and providing for enforcement procedures Derickson: thank you madam mayor. Yeah, thank you. As the Chief sets up his computer I wanted to just briefly talk about the staff report. The draft ordinance attached is one that the City Attorney’s office worked on and we talked about and believe is enforceable if the Council wants to pursue the ordinance as it’s presented. We gave the council a copy of this in the first part of June to look over and provide any kind of feedback or questions about. I tried to outline some of the feedback that we received from individual councilors who looked at it as well as a few comments from some of the city departments. These issues can be addressed by the City Council if there are particular concerns that councilors hold or suggested modifications to the existing ordinance if you like or the ordinance can come back as it was presented to you. Again, we think it’s enforceable and we are prepared to do so. I asked the Chief to consider what he thinks would be impacted by the ordinance given that the Chief is responsible for code enforcement and will oversee the implementation of any enforcement program under the ordinance and so Chief provided some photographs of areas that he wanted to talk to you about. And those are included in the staff report. So I thought I would turn it over to the Chief of Police here to talk about enforcement and how he thinks the draft ordinance is applicable and then it’s up to the City Council just to tell us which direction you would like to go. So with that I’ll hand it over to Chief Russell Madam Mayor if that’s okay with you. Russell: Okay, thank you Mr. Derickson. Good evening Council, Madam Mayor. Staff’s purpose tonight really is to be a resource for you. We have obviously myself and Jim and Randy from public works available to answer whatever questions and help you in your policy discussion so. Whatever, wherever you choose to go our job is to help you navigate those waters. We’ve had some ongoing meetings with the Woodburn Historic Neighborhood Association some of you have been part of those discussions and they’ve expressed some concerns about various pieces of parking as we’ve moved through this and so we’re mindful of their concerns and Jim I don’t, I guess you’re not having any luck with the.. Hendryx: Yeah, I’m challenged tonight. Russell: you shut it off, now you can’t turn it back on that’s.. anyway all I really have for you is the photos that were shared as part of the staff report and what those really show is the variety of parking that we currently have within the City of Woodburn and some of the challenges that we would experience as we implement whatever ordinance we choose to implement and different ways that we mind need to address those parking issues whether it be existing graveled areas or hard surfaced areas and what, what our standards will be for that as we move ahead. So I really don’t have much to add to what Mr. Derickson provided we’ll try to get the photos up for ya and let you have a look at them as they are appropriate. But again, we are just a resource for you and we’ll try to give you our best 22 estimate of how things would be depending on what policy decisions and what direction we would choose to move as a City so. Hendryx: I think what I’ve done is I have two computers on and it doesn’t know which one to use. I think that’s the problem Russell: Okay. So you want to shut yours down or shut mine down or? Hendryx: I think I will shut mine down and you can answer questions and see what transpires. I apologize. Russell: okay. Anyway we can move ahead Madam Mayor. Mayor: okay, well we could certainly. You know I think the general public or public watching on TV might be interested in the photographs because I think their at least in my judgment, when I saw them they represented a huge number of situations including many that a lot of us don’t think are even a problem and a couple that are truly eyesores and some stuff that isn’t likely but I’m not sure whether it’s a priority when you look at crime and… utility poles and other things. McCallum- How long will it take to get the pictures up? Hendryx: you’ve got me up here so you’re in trouble. The way I’ve been challenged lately. Derickson: Heather do you think Tim is still here. Pierson: I can check. Ellsworth: Bob maybe you could explain a little bit how you went about developing this ordinance. Did we go to other cities and. (Inaudible) what was the process f? Shields: I couldn’t find an ordinance like this in Oregon. I found five or six that we looked hard at the Chief and I. He talked about me but Chief worked a lot on this also we got some as I recall San Jose, California, Portland not Oregon, Portland, Texas, Tukwila. I didn’t know there was a Portland, Texas. There’s a Portland, Indiana I knew that because we thought it was Portland, Oregon one time when we stole an ordinance and it was Indiana. But anyway, cuz you recall that development ordinances are different you know and typically they’re not well they’re not retroactive I mean you basically and there are is property in town I mean quite a bit of property probably that’s subject to the WDO I mean in terms of newer subdivisions so what we looked for like when the Chief and I made the report is an ordinance that you could just apply to all property and so that’s what we’ve got. And it’s very similar to San Jose’s and Tukwila, Washington ordinance. Russell: So Madam Mayor we do have photos now if you’d like to. Mayor: Excellent, ya Russell: walk through those. So the ordinance obviously as written is pretty straight forward and as City Attorney said to me it’s pretty vanilla. There are a lot of add ins you could make to it but it’s pretty 23 straight ahead. Any parking on unimproved areas would be illegal and prima facai evidence of legality allow an officer to just write a ticket to anything any vehicle parked in that situation. Lonergan: so this picture; ones parked legally and ones parked illegally? Russell: Correct Councilor. I guess that the concern would be is what’s legal and what’s illegal as far as the gravel. I mean is one piece of gravel legal or do we need to have a depth and a certain amount. There are some ordinances out there that have that kind of specificity to them and that would be a question that the court might ask us as we brought it into the court. There’s a drive with some added augmented area. It’s hard to tell how much is augmented and how much has grass growing over it but similar. Here’s a drive with a large portion almost all the front of the house in gravel. Cox: That would be legal would it not under the ordinance we have before us. Russell: It would correct. Here’s an older home on a paved street but the driveway is gravel and driveway all the way to the garage is gravel so you could park on that if we if we change the ordinance to require hard surface I guess they could legally drive on the driveway but they couldn’t park any vehicles on it so. Here’s another property with strictly gravel. Similar situation added parking area beyond the garage area, it moves into the front yard. Cox: so it looks like that one that one is not gravel where the vehicle is parked. That’s, looks like just bare dirt is that what it looks like to you. Russell: Well I think, Councilor I think I believe there’s some gravel there it’s a question of how much gravel and how much maybe is gravel dust. Derickson: underneath the ordinance how do you think that would be applied to that picture? Russell: the ordinance as currently written. Derickson: yeah. Russell: Well, again it’s an interpretation of what’s improved. If if purely gravel is allowable then that would probably be a legal parking, legal parking. But the challenge is how much as it there’s really no specifics as to depth of gravel and. Ellsworth: you know and can we just throw gravel wherever we want to park. Russell: and that’s the other question. Ellsworth: that was my concern. Are we encouraging people just to throw gravel on what used to be their front lawn? Russell: one of the other challenges one of the other challenges that we found out as we moved through this that apparently you don’t need a permit to lay gravel or asphalt so um that’s a bit of a challenge as well to control where folks would gravel or asphalt. Downtown especially north of Harrison some of those streets are recently paved or at least recently finished paving and curbed. You may recall 24 some of those streets had partial paving and no curbs and the last probably ten years the City has curbed and put in full paving but many of the driveways don’t have they’re not paved they remain gravel like the streets did before them so those are those are challenging areas could potentially be. Cox: but they’re legal under this draft of the ordinance? Russell: you’re right. This one just taken to illustrate that we have a gravel city street and then gravel driveway so another challenge if we decided to go hard surface for parking would we require that where we have gravel streets adjacent or not so decisions there. Kinda of similar situation. Then as you moved to some of the newer neighborhoods you have a paved driving areas but folks have augmented the widened the drive with gravel or some not some just grass. Or perhaps the area between houses is shared parking area. But there’s no additional driveway access and that would public works tells us if you added to the driveway access that will require permits from the City. Here’s kind of a hybrid there’s parking in the front yard and on the side yard and no garage so you see some unusual situations. Again no garage but parking to the side. Number of houses with no garage space this is Harrison street and the city right of way is unpaved there so parking on the street you’d park on unimproved potentially some of it some of it improved you have a variety there of materials. And even into a some of the newer developments Senior Estates various placed we have some graveled parking areas and then we have some graveled front yards that are aesthetic really there not intended for parking but if we change the ordinance or try to do something in a the planning area that could be a challenge for us to address which that’s not my expertise that would be have Jim talk about that with you. And even into West Woodburn we have some older homes there and partially graveled or not graveled space for parking, parking of utility trailers various stuff like that. The ordinance as written only applies to motor vehicles so trailers, boats, things without a motor would not be applicable to if we wanted to apply that to that to them we would need to change that. And so that’s kind of the review of what’s out there. The Police Departments major concerns really lie with what kind of exemptions we would want if we would choose to grant exemptions and those can be challenging because who’s going to grant them and whose going to review them. But some of the ones that folks have expressed to us are like emergency construction, if someone needed a sewer access or they had a blocked sewer line. There’s really no exemption in there currently for that kind of work. Temporary family events if someone had a funeral or a wedding or something would it be or a major medical or major family emergency would we allow parking for some short period of time and then which how would we administer those exemptions if there were any. And then finally medical exemptions. If folks couldn’t get from their car to the house how would we handle those? So those are probably the big issues for us and then just you know the the our job is to talk to you about how we would enforce the ordinance and in whatever form you choose to put it into so I’ll stop there Madam Mayor. Mayor: Okay Russell: answer whatever questions or. McCallum: this is very interesting. I guess when we started down this path it looked rather simple because if I understand the issue it was people parking on grass and how are and how do we stop that. 25 And of course we raise the issues about well as councilor Ellsworth did, cover the grass with gravel and business that’s all you had to do. But this is become extremely complex in terms of where I thought we started and what we were looking at to a where we are now because we have such a mix of situations you know I think the ones up there are just a few. When you did your educational programming in the three districts how many violations did you find at least people parking on grass? Russell: you know, I don’t know how many we found of parking on grass because we didn’t necessarily take a case number on those folks parking on grass. We did advisements for those folks. Over the three districts over the last sixty day period we did 612 ordinance calls that were within those good neighbor. And those are all under follow up and being reviewed and followed up with folks to try to get them to come into compliance so a great deal of work went into the three districts of all the levels of whatever it may be tall grass to parking to everything else. So I can’t give ya a specific number on that councilor. McCallum: some of my history trying to go back and remember history was that we had some very a number of concerns about the parking on streets and both sides and what have you and everything else and then we started doing the restrictions on streets. Park on one side and what have you that led to parking on private property and that type of thing. Also just the fact that people start taking cars and driving to other neighborhoods and walk home leave their car overnight and walk back in the morning and go from there. We sort of created more problems along those lines that you know I find this very difficult to wrap my arms around when you say you got maybe 600 violations or problems I know some of them are other code ordinances and that type of thing. But can we enforce what we create is always my question. Russell: we will do our level best. McCallum: well, ya but like we have the rules and regulations about signs and all that type of thing and as was pointed out to us is hey they got up and nobody stopped them and they’re all over the all over the area. Somewhere I would almost like to see us back off and start taking this one piece at a time and see what we can do. Because there’s going to be hardships on households there’s going to be hardships on the City. What can we enforce in small steps but maybe we need to do this and adopt it as is and find out. And get public reaction but I think and I wish Councilor Morris were here but he did point out that’s in the staff report that hey we need a lot of outreach. We need a lot of outreach. Mayor: Well, I think I would add we need a huge amount of outreach and depending on how hard we were to come down I mean I you know just cringe at the idea of requiring hard surface. For one thing because I tried to keep count driving from my house over to legion park on the fourth because that’s kind of a nice sample across the older 50’s 60’s neighborhoods and I can’t even imagine making all of those people of whom I would be one pave driveways. I just can’t even that is extensive and ridiculous and I think in the draft as it is at least gravel is okay you know and. Ellsworth: But I think we’ve moved towards focusing on the hard surfaces or the gravel versus maybe some of the blatant Mayor: Mud 26 Ellsworth: mud lawns I mean and we have the WDO and I’m looking at this particular picture up here and I’m thinking under the WDO I’m pretty sure that that house was not built in the 1900’s so it probably maybe in the 70’s it’s got a garage with two car parking spaces and then there’s a truck on gravel next to it. I’m pretty sure that under the WDO that blue truck is not parked legally. Cuz you can’t Lonergan: why? Ellsworth: because under the WDO it’s a car in front of the garage and we just the car has to be parked on the driveway in front of the garage and we just amended it to allow behind in the side yard behind a fence not in the side yard which that blue truck is on the side yard in the front yard. So under the WDO I would imagine based on the age of that house I could probably estimate that that blue truck is not parked legally. But you know that’s not nearly as blatant as some of those pictures that we have seen where they are parked in the front yard on the sidewalk, on what is definitely grass. I don’t want to encourage people to put gravel in their front yard or just start paving all over the City but there are some blatant examples that I think we could say you know that makes our neighborhood look terrible. Mayor: okay so just I’m I’m going to ask the Chief and Bob so we’ll take an example that most of us would have a problem with which is it’s been raining pretty much non-stop for the last several months here’s a car in a front yard and its sunk in halfway up its hubcaps and we have a rutted mess no lawn no surface of any kind it’s just a car parked on mud. If that were what we were trying to prevent rather than blame you know people for adding a gravel driveway or having a concrete pad for part of it and gravel for some portion of the rest of it or god forbid punish them for not having a garage or putting stuff in it rather than vehicles in it. Which I’m at that point I’m afraid I think is outside the scope of government entirely. But you know help us I guess help us, is there something where you know where we could limit it to that extent? You know I guess unimproved unpaved. Russell: l’ll let the City Attorney speak for himself but from my read of the ordinance as written that would be illegal and we could cite that immediately. Lonergan: to me it seems like that’s where we started out that’s what we’re all looking for is a better livability factor and improvement to the neighborhood. In this particular case that Councilor Ellsworth brought up, I don’t know that that offends me as far as a livability factor. If that is against the WDO I think that is something that has never been enforced in the City of Woodburn and I have a problem I guess starting to do that. Ellsworth: I really don’t have a problem with most of these Lonergan: since we haven’t since we haven’t (inaudible) Ellsworth: however, I know that in the past Merri Berlin brought up some pictures that make you cringe Lonergan: right, correct Ellsworth: and you would think that any reasonable person would go that’s not right. 27 Mayor: well one of the ones that she brought was in fact the car that you know halfway up its hubcaps and I think that’s something that we object to and that blue truck is not a beauty but Ellsworth: is not bad but technically I believe that does violate our WDO. Mayor: it probably does, yeah. I have to say at some point I want officers of the Chiefs department looking at things more substantive then that Ellsworth: than that, I agree with that. Lonergan: I agree Mayor: if we can reach a point where we can worry about that I think we’re Ellsworth: however, I’ve recently seen a neighbor pour gravel all over what used to be beautiful lawn and their now parking three to six commercial vehicles on it. Lonergan: vehicles on it Alonso Leon: Commercial Lonergan: is there anything we can do about that? Mayor: is that something where that can be enforced you know according to current code? Russell: parking commercial vehicles could potentially be addressed if their operating a business there and that may be you know something to look at but they challenge I think is the graveling. I’m not a land use guy and so there’s others that could answer that better for you but as we stand unless the WDO applies you can put gravel, pavement wherever you would so choose and so that’s a challenge and that’s kind of why we that’s why you folks sit there and I don’t sit there so. Mayor: and we see the continuum from really nice you know stamped concrete or you know at least somebody took some trouble on something fairly permanent to some pretty jury rigged stuff and we understand that but I think at some point what we’re trying to do is address some genuine livability issues but I can see just in looking through this we’re talking about number 1 what may be an awful lot of government overreach Lonergan: yeah Mayor: and number 2 what exactly what problem are we trying to solve. You know I maybe we’d love to buy that the owner of that vehicle a you know a nice paint job you know but you know somehow that’s outside the scope of the government and what we should be doing. McCallum: I go back to can we kind of bring this ordinance in a bit quite a bit and start laying out some small steps and address some of these issues that are you know the mud, the lawn the what have you and enforce that vigorously and carry on an educational program along the way too. When you went out when your officers went out over the three districts and found that many citations that could be 28 written evidently there needs to be a ongoing and complete education going on. Hey I sit in a house in a homeowners association and let me tell you none of this stuff would be going on but I give up some things to be there. I got to ask about the paint color I’ve gotta ask about the plantings in the front and that type of thing and I do give those up and there are other homeowners associations in the City and you’re not going to be parking your car on the front lawn and you’re going to have concrete pads and that type of thing and a you’re not going to be parking your cars in the back either so I don’t know Lonergan: but I don’t think if someone wants to gravel their front lawn that I as a Councilor can stop them from doing that. To me it is not attractive to me if they want to devalue their house in doing that but if they want to park something on that I think that is their right to do that. Now if we can control the other surface on grass yeah, I think we can do that but I don’t think I can be a watchdog on every front lawn in the City of Woodburn or am I asking the police department to do that either. I think that’s going to be an endless task. I think we keep it simple keep it on the type of surface, not a grass surface not a dirt surface that makes sense but going for making them pave a gravel driveway I don’t know. I don’t think we can do that. McCallum: there are as the Mayor points out livability issues here. But can we start pursuing them in simpler and the outrageous and then continue with an education program and if that doesn’t work then we add to the particular ordinance. Cox: Well let me play devil’s advocate on this a little bit. We hear in the staff report some of the quotes who are attributed to others and I’ve heard a little bit of it here tonight. It’s only a livability issue or it’s only an aesthetic issue. I think the Council us as group we have to decide whether or not we are willing to impose some regulations that are in fact going to be based on aesthetic or livability issues. And is it right to do that. Well I would point out that ¾ of your zoning code is based on aesthetics and livability so it’s not anything new. And Livability or aesthetics is not a dirty word. We have a policy and we give lip service to it at least of making our community a place that will attract living wage jobs bring industries in and that sort of thing. Well my feeling is that aesthetics is part of that. What will attract those kinds of jobs on the other hand if you look like a hillbilly community you’re not going to attract too many people. So I’m not I understand that we can’t have government over reach and I’m not going to be in favor of that. But I am willing to say that this is more than just an aesthetic issue and we need to make it good enough that it won’t turn people off and we should not be ashamed of the fact that we’re trying to make our place our community look better. That’s what I have to say. Lonergan: so what is good enough? How far are you willing to go here? Cox: well that’s what we have to decide. McCallum: and I don’t think anybody’s arguing that we’re not in favor of that. I mean we have portions of the community that you can go to that yeah they have very tight rules and stuff and they’ve given up some freedom and about that. But again I guess I’m one of those you’re not going to accomplish it all in the next year but what steps can we take to alleviate more blight make it a more livable type community and take those steps and keep adding to those steps. If we try to address every problem in the Chiefs 29 pictures there I don’t know we might be overwhelmed and we also might have some very unhappy citizens but that’s Cox: I would be surprised, I don’t think that there is anyone here at this table who wants to accept or adopt the ordinance as it was presented in draft form. Some people may think it’s going to far, we’re trying to regulate to much biting off more than we can chew we’re going to create unfair situations hardships. Others say it’s not tight enough because it’s allows people to gravel over their front yards and get rid of their lawns. So nobody’s happy with what we got here and now we got to figure out where we’re going to wind up. Now, I for one, I’m kind of I think in the same direction that Frank Lonergan is. We don’t want to go too far. But we certainly want to get rid of some of these horrible horrible examples and we can maybe go further next time if we need to as Councilor McCallum says if we need to go farther we can go farther next time. But I would like to see at least as first step getting rid of vehicles parked on lawns which do not have an improved or even graveled surface and go from there. I would be opposed to anything such as I believe Council Morris or maybe somebody else was suggesting that some of these old uses be grandfathered in. I don’t want grandfather clauses in the in this nuisance ordinance. We’ve got enough problems with grandfathering in the WDO. Ellsworth: yes Mayor: Well, actually I’m the one or one of the ones who mentioned grandfathering. But if you are talking as long as you treat gravel as a permissible surface I don’t have a problem with that. I what I’m talking about is why in the world would we want you know probably over 1,000 households in the City to have to pave what purpose is being solved especially when you know looking at different surfaces that you know what most people are likely to do is going to look worse then what they already have. Cox: unless if you’re in favor of that if you’re a driveway contractor driveway contractor. Lonergan: we haven’t heard from them yet. McCallum: Portland has some sidewalks if you don’t. Ellsworth: but at the same time we do have the WDO and a lot of these pictures should have been addressed by the WDO and I don’t know why you know the we the grandfather one of the reasons we talked about doing this ordinance is to avoid the whole grandfathering in problem that we have with the WDO. This house was built before 1920 this one was built before 1980 this one had these rules and those regulations and so you know as I was going through all this I was asking myself if that’s the big issue trying to figure out whose allowed to park where when because of the WDO should we not move this under the back under the purview of the planning department. Because the planning department should be able to look at that house and say oh that house was built in 1997 and at that time you could only park in front of the garage and unimproved or this improved side yard is not permissible under the WDO. We already have a lot of these ordinances and we were looking at the nuisance ordinance to try and avoid all that grandfathered in problem but we have a planning department that could tell us a lot of times whether or not that’s permissible or not and I understand where an officer would have a hard time looking at a thing and going well when was that house built is it permissible or not. 30 Alonso Leon: and we talk about ordinances but I don’t think everybody knows all the ordinances. Ellsworth: no Alonso Leon: so I completely agree with Council Lonergan about the adding the education piece that’s critical. Absolutely critical because we have a lot of people move in and out of our city and don’t know and don’t know where to look and wouldn’t probably look for these ordinances. They don’t say okay I just moved into my new house what are the ordinances here. They don’t, and don’t know where to look. So I think that’s a huge component. Mayor: you see somebody, you see a situation down the block or across the street okay that’s okay and gee it isn’t okay. I mean I think in fairness people you know deserve the chance to be told it’s not okay before you cite them or Alonso Leon: exactly or getting a ticket Ellsworth: but we have seen some egregious violations that somebody should be able to the officer should be able to walk up to that door and say that’s not acceptable in our City we have these standards and if you are not sure of what these standards are this is how to find them. I totally agree with the education part a lot of people don’t know that. In my mind I’m thinking I’ve known for many years not to park on my front grass but Mayor: you think occasionally you have situations you know moving in or out you’ve got some very heavy furniture or your injured. Ellsworth: you might get it close to the door for that Mayor: yeah or you have to have contractors in and there moving some heavy stuff in I mean you know I think we have to be careful where we go. Do we really want to cite somebody who is moving in you know? Ellsworth: right, I think you could so oh gee this person carrying a couch out and putting it into a moving van versus that cars been there for six weeks Mayor: yeah yeah and understood I mean I think that Ellsworth: and like you said this far up the wheels with mud Mayor: right Ellsworth: sometimes I think. I know common sense isn’t common but sometimes I wish we could just take a commons sense approach to some of these problems Cox: well I’m sure we would to some extent. Now there’s the horrible horrible examples about somebody who’s sick and needs to drive on their lawn to get in the house or something. Nobody’s ever, I can’t believe that any Woodburn Police Officer is going to give somebody a parking ticket under those circumstances you know that’s the common sense rule. And so I don’t think we need to fine tune all 31 these reasonable and obvious exceptions. Its moving day and you got to get the van close to your front porch or something you know nobody we don’t need to say that in the ordinance if that’s an exception. I just believe that I’d be very disappointed if anybody ever got a ticket for doing that. McCallum: I can’t believe the number of landscapers in my neighborhood that are driving on the wrong side of the street or parking on the wrong side of the street. But its hey it works for the rest of us because we can get by but I don’t think anybody’s ever been cited for that even though it’s against the law. Ellsworth: that’s against state statute and they can be cited. McCallum: they can be but they haven’t because maybe we haven’t enforced it. Where are we Mayor: yea I know we’ve all put in our two cents worth and we have a couple of audience members who expressed an interest in speaking to and I’d like to give them the opportunity to do that. Durrell would you like to go first? You and Ellen have signed up. Durrell Crays: My name is Durrell Crays, I live at 167 N. Settlemeir, I’ve been here almost ten years and the thing that I have noticed about Woodburn is that we have more blight then when I showed up. There’s no question about it. If you drive around my neighborhood you’re going to find five cars in front of one house on the front lawn. And what’s happened in Woodburn I think is what happens in a lot of small towns. We end up with Laissez-faire government. Nobody ever enforces anything we don’t want to tic people off and we get used to it. You know so my house needs paint, well you know it needs its needed paint for five years what the heck. Well it’s not that bad so you know a few people park on their front lawns not just a few people you can drive up and down the streets of Woodburn you’ll find a whole lot of them. So let’s make this simple. Let’s talk about gravel. You can’t put gravel anyplace without a permit and then its how you’re going to do where you’re going to do it and why you’re going to do it. In other words you can’t go put it on your front lawn. There’s a front lawn right on Settlemeir that somebody put they just backed up a truck and dumped gravel on the front yard and now they park there. Its real simple we do apply the codes that we now have and if they don’t cover adding gravel to a property they should and we should pass those. This is a matter of what Woodburn looks like and I think I you live in Tukwila or you live in someplace else one of the new developments you know your street looks fine mine doesn’t. Mine looks pretty ratty and pretty run down and it continues to look ratty and rundown. Lonergan: Durrell there’s a couple dozen homes in senior estates that use gravel as an aesthetic Durrell: it obviously must pass there CC and R’s. I mean it has to because they do enforce their CCR’s. I you know I don’t like it but Lonergan: I don’t know it either but I don’t think I have the right to tell them that they have to pull it out and put grass in. Durrell: no I wouldn’t either. But also lets not start grandfathering a whole lot of stuff in. you know did we grandfather in you know some of the septic tanks how about some of the water meters I mean you 32 know we didn’t do that. I wasn’t here then but I know we didn’t do that. We required people to hook up to a city sewer system. Not just some of them but all of them. It’s not a matter of you know it’s a matter what I see is apathy. It’s like every time something comes up that might better Woodburn it’s kind of like the reaction is oh let’s see are we liable um let’s see um it’s not that bad you know it’s too complex let’s see what else maybe we should wait and see what we ought to do in the future. You know it’s in the action and it doesn’t get better. We need some government leadership here to better Woodburn to better the way it looks it doesn’t look successful today. If you drive down a lot of our streets it’s pretty squalor we don’t require people to keep property up we don’t require our owners to do such the whole thing. We don’t enforce anything and as a result who cares what difference does it make. Nobody does anything because it’s like well it’s always been that way. So I’d like to see it simplified we just simply start governing and making some rules and some codes about gravel. In other words you can’t and if you’re parked on your front lawn you get a ticket I don’t care who you are. If you’re parked on the sidewalk even now if you’re parked on a sidewalk it’s against the law it’s a state law. But it’s not enforced. Right across from city hall somebody parks on their sidewalk everyday nobody does anything about it. Nobody’s ever ticketed him to the best of my knowledge. So we’ve got to come up with something that’s simple that people understand. You can’t put gravel on your property except by permit and then it has to have certain requirements. I’m not against gravel driveways, I’m against gravel front yards and if you’ve got a gravel front yard and it’s against the law you pull the gravel up, I’m sorry you pull it up cuz you put it down illegally. Let’s enforce that. Let’s make Woodburn look successful. Not rundown and that’s what it looks like now. So I really ask you to consider it sincerely consider it. making the rules that actually are going to work and are going to govern you know where you can park and where you can’t where you can put your gravel and where you can’t. Thank you. Mayor: Thank you. Ellen? Ellen Bandelow: Good evening madam mayor Councilors staff my name is Ellen Bandelow I live at 199 Smith Drive in Woodburn. And I’m glad I’m very glad that you’re considering this ordinance. I do have a couple of concerns. First the emphasis all of a sudden seem to be on what kind of a driveway they property has rather than the illegality of parking on unimproved areas of the lot. Lots and lots of people have driveways and they are still parking on the lawns. They’ll have four cars in their driveway and two in the middle of their lawn. Personally, I don’t really care whether a driveway is gravel asphalt or cement we need as Durrell was say an established parking area on the lot. If they it could be a gravel parking area regulate the size of it don’t let it be two thirds of the front yard. Something that’s akin to Marion County requires even if you’re out down a two mile driveway when you get to the house you have to have a 20x20 foot cement pad to park on. I’m not advocating a cement pad but a place to park every house should have a place to park. If there’s at all room on that on there. It could be gravel when you’re especially the older homes they have gravel driveways, that’s okay not a problem. And give the owners some time to make that adjustment if they’re allowed to say have a say a 20 foot wide strip of gravel down the front give them a 12 months to comply that will let them that will take them through all the seasons to so they can get it graded and get it done. Perhaps there’s even a low cost or interest only loan available through the City for that would cover something like this in order for them to be able to comply. Regarding the grandfathering of current illegal parking on some lots there’s almost no lots in 33 this City that should ever qualify for an exemption for what they’re doing now. Only those that have absolutely no space for parking a vehicle other than on current landscaping should ever be given an exemption. There would be very few that would need that possibly something would come up under if there were a temporary medical exemption where there is no place to park and they need to get the vehicle closer to the home. I’m not sure how there probably wouldn’t be but two in the whole city. Homes that were constructed prior to the current WDO and were built without a driveway leading to the garage or carport they can install that a gravel driveway or parking pad and a minimal expense. Many older homes already have those gravel driveways as I said. If you specificy the criteria for that gravel and you eliminate the idea of landscape rock no river rock none of the red lava rock driveway crushed gravel ¾ minus require something like that that’s a simple basic driving pad. Again, not covering the entire the entire front yard. It wouldn’t affect people who are already have a land the people in senior estates do not park on their gravel front. They just simply do not and their homeowners association would never allow it. Another concern is that the ordinance as written does not cover the boats or assorted trailers that are being parked in front yards or side yards not behind screening. I really think that should be added. You can clutter a front in no time. We’ve already amended the ordinances to allow parking of some things behind the fences and that would be a more appropriate place for that to be. And the goal as Councilor Cox was saying should be the improvement of the city overall a town with cars parked all over anywhere and everywhere looks shabby and unkempt. But what I’m afraid of is that’s the way it’s going to stay. When you read the City manager’s report there are thirteen negative statements and that doesn’t even include the financial impact. Once again in order not to negatively impact anyone we will most likely keep the status quo and that’s a sad state of affairs. It’s very concerning when from the very beginning of the discussion there’s only negativity and I hope that you will think about the improvements to this town that an ordinance like this can make. It should be the goal of every citizen to help make this town a place to be proud of. And I think a simple ordinance can do that. Thank you. Mayor: thank you. Does anyone else wish to speak to the Council on the draft ordinance? Okay, I think we is everyone comfortable that we’ve given our feedback. I guess I’d like to ask Scott, Bob Chief if you have some are you comfortable with the direction that we’ve given so far or how much further. Derickson: madam mayor I’m trying to keep notes here. I would like maybe more clarity on what the Council’s direction is there’s been a lot of discussion and you know we’re prepared to follow the direction of the Council I just want to make sure that there’s we know what it is you’re asking us to do. Cox: Well, we a I think it’s pretty clear that none of us like multiple cars parked on lawns in mud up to their axel. Nobody likes that so that that’s marching order number one. The next question is do we go beyond that. Do we allow people to fill up their yard with gravel and thereby being able to park as many cars as they want wherever they want on the gravel? I for one would like to see some way that we could prevent that from happening. I’m not quite sure without giving it some more thought as to how the ordinance ought to be structured whether it’s a nuisance ordinance or whether it’s a Woodburn development ordinance zoning type ordinance but there needs to be something I believe. I’d like to see preventing controlling the location and amount of gravel that can be put on a property. I’d like to see that. If we did those two things I think we would accomplish a lot but maybe others have other ideas. 34 Oh and one other thing this is more an administrative thing the way the draft is written now there’s the usual presumption that if a car is registered to somebody their the one that parked it there. That’s we have not we but ever town has that. Like at your parking meter if you get a ticket you the registered owner are presumed to have been driving that car and parked it there in violation of the meter. That’s fine that’s needed. But beyond that what we also need is because what happens is a lot of these old cars particularly the ones that don’t even operate just your basically abandoned those cars trade hands between people just by passing the title back and forth they never get registered or they very seldom get registered because that of course requires proof of insurance. So a lot of the worst offenders they actual owner of the person is probably two or three steps down the chain from who’s the registered owner of it. So what we need is I think is a provision that says that the person whose property at which the vehicle is parked is presumed to have allowed it to stay there and so that it’s the homeowner or the renter whoever’s in charge of the home is the one that’s responsible regardless of what whose the registered owner or not. I think we need something like that in there and I also think we need some towing authority in there because some of these cars are not worth you know there not just going to maybe go away just because you give a citation to somebody a ticket to somebody. I think we ought to have a right to tow them if we choose to do so. So those are kind of a little administrative twists that no matter how it comes out otherwise I think that ought to be in there. Alonso Leon: I’m assuming we would consider warnings first right because we have to do an education piece so that people know this is coming and then here’s first warning second time you get a ticket something like that. Cox: I don’t know. For instance right now there’s an ordinance that says you can’t park more than 72 hours on a public street, we don’t give warnings we just they give you a citation I believe if your parked more than 72 hours. Alonso Leon: b ut this is public versus private Cox: I don’t know that we need to give warnings in every incident Alonso Leon: you’re talking public versus residence though Cox: I am al l in favor of the education program we’ve talked about general. Generally Educating people about it but in each case having to give a warning for a certain number of days before citing it I don’t think so. Derickson: madam mayor that was very helpful clarification and I was just whispering back and forth to the City Attorney so we can we can tweak the ordinance to create permitting of gravel, control of placement of gravel in residential zones in the city under the nuisance ordinance and some of the other things and we can tweak that and bring it back to you if you’d like? Mayor: yeah, and I think having some clarity as far as permissible surfaces you know I mean not only gravel but you know grass .. Or things like that. You know that you know is there a problem or you know 35 not only is there a problem some things that look pretty good and more environmentally friendly then concrete. City Attorney: so we’re talking about issuing permits for gravel? Lonergan: I think so. McCallum: it’s something to look at. Lonergan: yeah, I’d like to look at it. McCallum: look at. Mayor: Yeah, I think there’s one thing as far as permissible parking surfaces and you know maybe going further with gravel location or not but I think that’s a discussion worth having. Lonergan: yeah, if we can limit where the gravel goes I’d like to look at that. Ellsworth: or gravel as a parking surface. I don’t really want to regulate you know, I’ve got a one foot gravel path in my garden bed, I really don’t want to have to start getting a permit for one foot for that but for a gravel for the purpose of parking should be in a driveway you know most driveways are in front of a garage or carport or parking area but not just gravel in decorative gravel I don’t think we want to regulate decorative gravel but gravel for the purpose of parking. Mayor: oh I do not want to regulate landscaping. McCallum: No Ellsworth: no McCallum: unless its tall grass. Mayor: that’s fine Ellsworth: but that’s gravel that’s Mayor: tall grass and noxious weeds that’s fine Ellsworth: but Mayor: any further discussion. You know as always things tend to be a little open ended when we’re discussing a draft rather than a pardon my pun a concrete proposal. 36 COUNCIL BILL NO.2967 ORDINANCE NO.2521 AN ORDINANCE PROHIBITING RESIDENTIAL PARKING ON UNIMPROVED AREAS; ALLOWING THE PLACING OF CITATIONS ON ILLEGALLY PARKED VEHICLES AND PROVIDING FOR ENFORCEMENT PROCEDURES the City Council has determined that parking of motor WHEREAS, vehicles on unimproved surfaces in residential areas is detrimental to community livability; and the City Council has expressed the desire to regulate vehicles WHEREAS, parked in this manner within the City; and the City Council finds it necessary to adopt this Ordinance to WHEREAS, assist in the elimination of aesthetic nuisances caused by improper parking; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: For purposes of this Ordinance, an“Improved Area” is Section 1. defined as an area surfaced with concrete, asphalt, gravel, or any other material commonly used for the parking of Motor Vehicles, but not including grass or dirt. For purposes of this Ordinance, a“Motor Vehicle” is defined Section 2. asprovided in the Oregon Vehicle Code, ORS Chapters 801 to 826. For purposes of this Ordinance, a “Person” is defined as any Section3. natural person, firm, partnership, association or corporation. It shall be unlawful for any Person to stop, stand, or park a Section4. Motor Vehicle on any lot with a residential zoning designation except on an Improved Area. When a motor vehicle without an operator is parked in Section 5. violation of this Ordinance, the officer finding the vehicle shall take its license number and any other information displayed on the vehicle which may identify its owner, and shall conspicuously affix to the vehicle a traffic citation instructing the operator to answer to the chargeat the time and place specified in the citation. The presence of any motor vehicle in or upon any property, Section6. private or public, in violation of this Ordinance shall be prima facie evidence Council Bill No.2967 Page-1- Ordinance No.2521 37 that the registered owner of the motor vehicle committed or authorized such violation. The prohibitionsin this Ordinance shall not apply when an Section 7. emergency requires that aPerson stop, stand or park a Motor Vehicle on an area that is not an Improved Area. Each violation of any provision of this Ordinance constitutes a Section 8. class 4 civil infraction and shall be dealt with according to thecivil infraction procedures established by City ordinance. Approved as to form: City AttorneyDate Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approvedby the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson,City Recorder City of Woodburn, Oregon Council Bill No.2967 Page-2- Ordinance No.2521 38 COUNCIL BILL NO. 2968 RESOLUTION NO. 2054 A RESOLUTION APPROVING TRANSFERS OF FY 2014-2015APPROPRIATIONS AND APPROVING A SUPPLEMENTAL BUDGET ORS294.463(1) permits “transfers of appropriations” within any WHEREAS, fund “when authorized by official resolution or ordinance of the governing body”; and ORS294.463(2)limits “transfers of general operating WHEREAS, contingency appropriations to no more than fifteen (15) percent of the total appropriations of the fund” unless adopted pursuant to a supplemental budget; and transfers made pursuant to any of the above must state the WHEREAS, need for the transfer, the purpose for the authorized expenditure, and the amount of the appropriation transferred; and ORS294.471(1)(a) permits supplemental budgets when “an WHEREAS, occurrence of condition which had not been ascertained at the time of the preparation of a budget for the current year or current budget period which requires a change in financial planning”; and ORS294.473requires the governing body to hold a public WHEREAS, hearing on the supplemental budget when the estimated expenditures contained in the supplemental budget for fiscal year or budget period differ by then (10) percent or more of any one of the individual funds contained in the regular budget for that fiscal year; and the transfers contained herein are made pursuant to ORS WHEREAS, 294.463; and the supplemental budgetcontained hereinis made pursuant to WHEREAS, ORS 294.471; and a public hearing was heldSept 8,2014onthe supplemental WHEREAS, budget changes, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: That pursuant to the applicable ORS provisions cited above, Section 1. Page 1 – COUNCIL BILL NO. 2968 RESOLUTION NO. 2054 39 theCity Council hereby approves the transfers of appropriations and supplemental budget for FY 2014-15 in the amounts listed in Exhibit “A.” Approved as to Form: City AttorneyDate APPROVED: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson,City Recorder City of Woodburn, Oregon Page 2 – COUNCIL BILL NO. 2968 RESOLUTION NO. 2054 40 City of Woodburn 2014-2015 Supplemental Budget Exhibit A September 8, 2014 FundOriginalSupplemental Revised General Fund Expense Planning 326,175 7,500 333,675 Nondepartmental - Transfer Out 116,000 20,000 136,000 Conting & Reserve 2,319,714 (27,500) 2,292,214 Total Expense 2,761,889 2,761,889 - Transit Fund Revenue Fund Balance 170,000 (20,000) 150,000 Transfers In 116,000 20,000 136,000 Total Revenue 286,000 286,000 - Building Inspection Fund Expense Personnel Services 339,663 110,000 449,663 Conting & Reserve 396,015 (110,000) 286,015 Total Expense 735,678 735,678 - Information Services Fund Expense Materials & Services 398,735 20,000 418,735 Conting & Reserve 44,863 (20,000) 24,863 Total Expense 443,598 443,598 - 41 Agenda Item September 8, 2014 TO:Mayor and City Council through City Administrator FROM:Scott D. Russell, Chief of Police SUBJECT: Intergovernmental Agreement for School Resource Officer : RECOMMENDATION It is recommended the City Council authorize the City Administrator to sign an agreement with Woodburn School District for School Resource Officer services. BACKGROUND: In September 1999, the Woodburn Police Department was awarded a $125,000 COPS grant to fund a School Resource Officer (SRO). On November 15,1999, the City of Woodburn and the Woodburn School District entered into an Intergovernmental Agreement for the purpose of clarifying the duties and responsibilities of the School Resource Officer and established the financial obligation of each agency. The grant-funding period expired at the end of the 2001-2002 school year. The City and the school district have renewed the School Resource Officer Intergovernmental Agreement several times withthe same terms and conditions as set forth in the original agreement with the exception of the financial obligation clause. The term of thecurrent agreement ended in June 2014. The Woodburn Police Department and the Woodburn School District both believe that the School Resource Officer Program has proven to be very beneficial and wish to continue the program within the school district. : DISCUSSION The renewal agreement would be effective between September 10, 2014 and August 30, 2015. It would continue to provide the services of a school resource officer at Woodburn High School and maintain our partnership with the school district. The broad spectrum of contacts, interactions, and duties conducted by the School Resource Officer provide great benefits to both the police department and the school district alike. It is an equitable agreement in that Agenda Item Review:City Administrator ___x___City Attorney __x____Finance _x____ 42 Mayor and City Council September 8, 2014 Page 2 the school district provides funding for the amount of the officer’s time utilized at school, and the City provides for the remainder of the officers time. FINANCIAL IMPACT: Over the course of this agreement, the Woodburn School District has agreed to be responsible for $45,000toward salary and fringe benefits for the school resource officer, and the City of Woodburn will provide $58,257toward salary and fringe benefits for the officer. The City’s portion of thefunding for this position is identified within the Woodburn Police Department budget for fiscal year 2014-2015. 43 INTERGOVERNMENTAL AGREEMENT Thisagreementisenteredintobetween the City of Woodburn and Woodburn School Districtfor the purpose of clarifying the duties and responsibilities of a School ResourceOfficer (SRO)to be placed with the Districtand to define the responsibilities of each of the supervision, support, andfinancial obligation of thatposition. governmental bodies for the NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: A. CITY'SRESPONSIBILITIES 1.TheCitywill provide a sworn police officerforassignmentto School Resource Officer position during the term of this Agreement. Theofficer'sprimary duty will be assignmenttoany one or more of the Woodburn School District schools during the time of year school isin session. Theofficer may, however, be usedfor other police duties outside of the school year.TheCityreserves the right toreassignthat officerto other police duties,irrespectiveof school sessions,whenanemergency existsand the officerisrequiredelsewhere. Thedetermination of emergencyisat the discretionof the Chief of Police. 2.Over the agreement period, the Citywill provide $ 58,257 towardsalaryandfringe benefits of the School Resource Officer. 3.TheCitywill be mutually involved withSchool Administrators in the selection of anyofficer assignedtothis position. 4.TheChief of Policewill be solely responsible for the supervision and performance evaluation of the School ResourceOfficer but the Cityagreesthat the Chiefwill seekandutilizeinformation provided by school administrative personnel in the performanceof those duties and the officer's suitability to continue inthat position. After consultation with the Chief of Police, the Superintendent mayrequire the assigned officerbe removedfrom the School ResourceOfficer position for reasons of unsuitability. B.SCHOOL'SRESPONSIBILITIES 1.Over the agreement period, the School will provide $45,000 towardsalaryand fringebenefitsof the School ResourceOfficer. 2.The school agreesto make the SROpart of the school's staffinregardto providing appropriate in-servicetraining, inclusion ingeneralstaffactivities,and the provision of facilityofficespaceforthe officertoworkfrom. 3.The school willreviewand approve anycurriculumto be presentedto students, staff, or parents by the officer. 4.The school agreestoassist the Chief of Policeinestablishing annual goalsforthe School ResourceOfficer position. Page 1- Agreement/School Resource Officer 44 C. SCHOOLRESOURCEOFFICER'S DUTIES Thefollowinglist of duties is not intended to be all-inclusive but todescribe the principal activitiesin which the officermay be involved. Theseactivitieswill not be performed each day but astheneeddictates. 1.Bephysicallyavailableat appropriate timesforpersonalinteractionwithyouthat school including informaltalkingwith students, staff, or parents during breaks, lunch, andbeforeandafterschool activities. 2.Identify youthsatrisk of becoming delinquent through referralsto the School ResourceOfficerfrom school personnel, student advisors, parents,and via interactionwith students themselves. 3. Assistin the diversion of youths identifiedasatrisk of becoming delinquent from entryintothe juvenile justicesystem through crisisintervention andreferralto other resources andoutside agencies. 4. Provide prevention education on vandalism, shoplifting, substance abuse,childand sexual abuse, andissues of personal safety. 5.Performas a resourcecenterfor youth needingreferralsto the appropriate government or private service agency. 6.Performasan information source forDistrict personnel on issues or criminal trends involving youth. articipate and support youth organizations designed to promote responsible 7.P behavior (i.e., NaturalHelpers, Oregon Student Safety On the Move, Oregon Teen Leadership Institute, etc.). 8.Take appropriate correctiveenforcement or referralactionin the schools on behavior coming tothe officer's attentionwhichiscriminal or disruptive to the school learning environment. 9. Promote a positive attitude of youth toward community, school, andlocal government, including police. 10.Developandteachclassesrelevantto youthandcrimeissues(streetlaw)whichare germanetothis community. 11.Developandteachclassesregardingciviccompetence,rightsand obligations of youthaccording to law,rightsandresponsibilities of citizenship,and the role of citizenshipinsociety. 12.Developand provide programswhich produce peerconflict mediation. Page 2- Agreement/School Resource Officer 45 13. Maintainrecordsofcallsforservice provided to the school by the officerandthe number of hours worked during the yearrelativeto school issues. AGREEMENT D.MODIFICATIONOF Eachpartytothisagreementwill annually review the conditions of theagreementto determineifitisbeing properly administered,compliedwith,andto determineits sufficiencytomeetprogramneeds. Any modification of the terms of thisAgreement shall be executedinwritingwith the mutual consent of both parties. E.TERMOFAGREEMENT Theterm of thisAgreementshallcommenceSeptember 10, 2014and continue through August 30, 2015.This Agreementmay be terminated prior tothatdateby mutual consent of both parties or by one partynotifying the other of their intent to discontinue participation no laterthan 180 dayspriorto the end of the fiscalyear. F.LEGALCONTINGENCIES For the purpose of coverage under the OregonTortClaimsActagainstanylosses, damages or liabilities arising out of the servicesandactivitiesof any Woodburn Police personnel assignedtothe School District under the provisions of thisagreement: 1.Eachpartyshall protect theirownemployeewithWorker's Compensation insurance whichmeetsthe requirementsofOregonlaw; 2. Eachpartyshallmaintaininfullforceandeffectadequate public liabilityand property damage insurance or self-insurancetocoveranyclaimswhichmay ariseby virtue of theiractions; 3. Eachpartyassumes sole responsibility for the torts of itsown personnel and agrees,to the extent legally possible, to hold each other partyto thisagreement harmlessfromliabilityarisingfromthe acts or omissions of personnel affiliated withsuchparty. G. RENEWALOFAGREEMENT ThepartiesmayrenewthisAgreement on the sametermsand conditions ascontained hereinbyexecutingamutual writtenrenewalagreementbefore the end of the term of thisAgreement. Approved as to form: ___________________________________________________ City AttorneyDate Page 3- Agreement/School Resource Officer 46 Approved as to form: ___________________________________________________ School District AttorneyDate City of Woodburn Woodburn SchoolDistrict 103 By: ___________________________ By: ____________________________ Scott C. Derickson, City Administrator Chuck Ransom, Superintendent Date:___________________________ Date:__________________________ Page 4- Agreement/School Resource Officer 47 Agenda Item September 8, 2014 TO:Honorable Mayor and City Council through City Administrator FROM:Steve Krieg, Building Official SUBJECT: Memorandum of Agreementwith the State Building Codes Division RECOMMENDATION: City Council authorize the City Administrator to signa standardized memorandum ofagreement (MOA) with the State of Oregon Building Codes Division (BCD) for the City’s Building Inspection Program. BACKGROUND: All Oregon cities are legally subject to the authority of the State of Oregon to operate and administer a building inspection program. The legal authority of the State, however, can be delegated to individual municipalities to allow the operation of municipal building inspection programs to more directly serve local citizens. Woodburn, and many other cities, have developed municipal building inspection programs and have had these local programs in place for many years. DISCUSSION: Recently, the State has decided to require cities with established municipal building inspection programs to sign a standardized MOAby December 1, 2014. This MOA will apply to Woodburn and more than134 other local jurisdictions that assume a Building Inspection Program from the BCD. Authorizing the execution of this standardized MOA will allow the continuation of Wodoburn’s local Building Inspection Program and its service to local citizens. FINANCIAL IMPACT: There is no financial impact. Attachments:MOAfor a Building Inspection Program Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance __x___ 48 Memorandum of Agreement Relating to Delegated Building Inspection Program I. Parties: This agreement is made and entered into by the Building Codes Division (hereinafter the City of “Division”), through the Department of Consumer and Business Services, and Woodburn building inspection program. II. Purpose: In accordance with the authority granted by Oregon Revised Statute (ORS) 455.020 and Oregon Laws 2013, chapter 528, this Memorandum of Agreement (MOA) sets forth the roles and City of Woodburn responsibilities of operating a municipal building inspection program as referenced in ORS chapter 455. III. Background: The Department is authorized to: 1.Promulgate a state building code to govern the construction, reconstruction, alteration and repair of buildings. The state building code establishes uniform performance standards providing reasonable safeguards for health, safety, welfare, comfort and security for the residents of this state; and 2.Delegate authority to a municipality to operate all or any portion of a building inspection program for a reporting period. A reporting period means a four-year period during which a municipality administers and enforces a building inspection program pursuant to an approved operating plan. IV. Agreement: City of Woodburn building inspection program agrees to the following minimum standards, policies and procedures while operating a building inspection program during the current reporting period: Administrative Standards. 1.Program must provide adequate funds, equipment and other resources needed to administer and enforce the program consistent with the inspection and permit requirements of the state building code. Electrical Program. 2.A building inspection program with an electrical program must comply with all applicable electrical rules for the inspection and enforcement of electrical programs. Fees. 3. Program must follow the uniform fee methodology for building permit and inspection fees. Program must only use fees collected for the administration and enforcement of the building inspection program. Electrical permit fees must only be used for the administration and enforcement of the electrical program. To avoid division enforcement action, program th must collect and remit surcharges (with permit log) to the division no later than the 15 day following the month or quarter for which the surcharges are required to be collected according ORS 455.220. Appeals. 4.Program must have policy to allow an applicant for building permit to appeal decision made by building official. Program must also allow an applicant for a building permit to file a written appeal of a decision of the building official directly to the division on any matter relating to the administration and enforcement of ORS Chapter 455. City of Woodburn Building Codes Division and MOA Page 1 of 2 Building Official Initial: ___________ 49 Operating Plan. 5. Program must amend operating plan within 30 days when changes occur and provide amended operating plan to the division. Changes include a change of building official. Staff 6.. Program must have appropriately certified staff for inspections. Enforcement. 7.Program must not enforce any standard in conflict with the state building code. Documentation. 8.Program must respond timely to division data requests on any matter relating to the administration and enforcement of ORS Chapter 455. V. Indemnity: To the extent permitted by Article XI, sections 9 and 10 of the Oregon Constitution, and within City of Woodburn the limits of liability established in the Oregon Tort Claims Act, shall defend, indemnify and save the division, its officers, agents, and employees harmless from any City of Woodburn and all claims, actions, costs or damages caused by . VI. Term of the Agreement: This agreement will become effective upon signature of all parties and will remain in effect until the end of the municipality’s current reporting period unless the municipality abandons or ceases to administer the building inspection program or the division assumes administration of the program under activities related to ORS 455.770. Failure to comply with any provision of this agreement may be considered a breach of this contract thereby impacting the municipality’s continued administration of the building inspection program. VII. Signatures: Both parties, by the signatures below, hereby acknowledge that they have read this agreement, understand it and agree to be bound by its terms and conditions. Building Codes Division City of Woodburn _________________________________________________________________________ DateDate ___________________________________ Please print building official name ____________________________________ Mark S. Long, Administrator Building Codes Division _____________________________________ Building Official Signature _____________________________________ Date ___________________________________ Please print name and title _____________________________________ City of Woodburn RepresentativeSignature City of Woodburn Building Codes Division and MOA Page 2 of 2 Building Official Initial: ___________ 50 Agenda Item September 8, 2014 TO:Honorable Mayor and City Council through City Administrator FROM:Randy Scott, Public Works Director SUBJECT: North Boones Ferry Road Truck Traffic RECOMMENDATION: That the City Council: Receive the report and take no further action Or Authorizethe City Administrator, on behalf of theCityCouncilas the Local Road Authority; request the Marion County Board of Commissioners evaluate restrictingtruck traffic onNorth Boones Ferry Road. BACKGROUND: At the June 9th, 2014City Council meeting it was requested thatstaff look into the amount of trucktraffic on North Boones Ferry Road. Councilor Lonergan indicated his concern about the Semi Trucks that are using North Boones Ferry Road and asked for an assessment onrestricting truck trafficto service vehicles. The Woodburn Transportation System Planupdatedin 2005identifies Truck Routes and Truck Ways within the City of Woodburn as per the following Truck Routes through Woodburn include Oregon Hwy 214, Oregon Hwy 219, Oregon Hwy 211and Oregon Hwy 99E. Designated Truck Routes allows through traffic of motor trucks, truck trailers and truck tractors on these roadways. Truck Ways are designated as acceptable roads for commercial operationof motor trucks, truck trailers, and truck tractors, butdoes not allow a through-city route. Truck Ways include Front Street within the City limits, Young Street between Front Street and Oregon 99E, Agenda Item Review:City Administrator __x____City Attorney __x____Finance ___x__ 51 Honorable Mayor and City Council September 8, 2014 Page 2 Boones Ferry Road north of Oregon 214, Parr Road, Progress Way, Industrial Avenue and National Way Figure 3-8 from the Woodburn Transportation System Plan, which depicts the truck routeand truck ways, is included as Attachment “A”. Ordinance No. 1957; “ An ordinance designating truck routes; prohibiting use generally of other streets, roads and highway for operation of trucks, or heavy vehicles, and prohibiting use of air exhaust brakes’;the ordinance defines truck routes and truck waysas per the following: Truck Routes Highway 99-E from North to South City limits o Highway 214 from East to West City Limits o Highway 211 from 99-E to East City limits o Truck Ways Parr Road from West City limits to Front Street o North Boones Ferry Road from Highway 214 to North City o limits Mill Street from Front Street to Corby Street o Hardcastle Avenue from FrontStreet to Corby Street o Progress Way o Industrial Avenue o National Way o Birds Eye Avenue o Front Street from North to South City limits o Young Street from Front Street to 99-E o Both the Woodburn TransportationSystem Plan and Ordinance No. 1957 indentify North Boones Ferry Road as a Truck Way. DISCUSSION: North Boones Ferry Road beyondthe City limits is Marion County’s jurisdiction, it currentlydoes not include any restrictions for trucks other thanthestandardtrip permits that may exceed statutorylimits (weight, length, etc). City staff recently took traffic counts in June and August of this year. Thedata is tabulated below and combined with data received from the Marion County 52 Honorable Mayor and City Council September 8, 2014 Page 3 Public Works Department and other historicalCitydata. The tabulation data goes back to August of 2003. BOONES FERRY ROAD, TRAFFIC COUNT DATA Class 1-4, Class 5-8, SMALL Class 9-13 FHWA VEHICLE CLASS PASSENGER TRUCKS LARGE TRUCKS % of ADT % of ADT % of ADT AGENCYDATE LOCATION ADT ADT Volume ADT Volume ADTVolume North City Marion County Aug-03 Limits 3869 93.25% 3608 6.26% 242 0.49% 19 City of Woodburn Aug-10 North Tukwila 5444 96.40% 5248 3.40% 185 0.60% 33 Marion County Aug-11 South Crosby 4716 97.11% 4580 1.76% 83 1.13% 53 City of Woodburn Jun-14 @ Miller Farm 7526 96.38% 7254 2.90% 218 0.72% 54 City of Woodburn Aug-14 N City Limits 4855 94.00% 4564 4.80% 233 1.20% 59 Based on the historical andthe most recent traffic count data the percentage of the average daily traffic for small trucks, class 5 through 8 has decreased since 53 Honorable Mayor and City Council September 8, 2014 Page 4 2003. Even with theoverall average daily trafficvolume increasing, theaverage daily volumeof small trucksstill remained less than the 2003 data. The percentage of largetrucks class 9 through 13 based on the data has slightly increased since 2003,but the current volume is consistent with the 2011 volume. The traffic counts taking in June of 2014 were taken near Miller Farm Road, the average daily traffic is significantly higher due secondary local traffic. Torestrict truck traffic on North Boones Ferry Road the regulatory change would need to be initiated north of the Woodburn city limits, providing truck traffic opportunity to re-route.This action would need to be analyzed and implemented by Marion County. If the City Council elects to pursue restricting truck traffic on North Boones Ferry Road, the recommended action is to authorize the City Administrator, on behalf of the City Council as the Local Road Authority; request thatMarion County Board of Commissioners evaluate restricting truck traffic on North Boones Ferry Road. FINANCIAL IMPACT: There will be no financial impact by either action 54 55 Agenda Item September 8, 2014 TO:Honorable Mayor and City Council through City Administrator FROM:Randy Scott, Public Works Director SUBJECT: Award Construction Contract to Salem Road & Driveway for 2014 Pavement Maintenance Improvements, Bid #2015-02 RECOMMENDATION: That the City Council, acting in its capacity as the LocalContract Review Board, awardtheconstructioncontractforthe 2014 Pavement Maintenance project to Salem Road & Driveway in the amount of $334,497.50. BACKGROUND: The major components of the project include approximately 10,890 square yards of asphalt cement pavement surface repairsand flexiblepavement crack sealing on Industrial Avenue, National Way, Progress Way, Gatch Street, Hardcastle Avenue, North First Street, North Second Street, North Third Street, Anna Street, Robert Street,Jacob Street and Bernard Drive. The project also includes 1,950 Gallons of emulsified asphalt fog coat onNational Way, North First, North Second and North Third Street. Bids were publically opened August 14, 2014.Three bids were received, opened and recorded as follows: Salem Road & Driveway$334,497.50 Roy L Houck Construction$398,997.50 Knife River Corp.$418,366.00 The Engineer's Estimate is:$333,975.00 All bidders were found to be responsible and responsive. The recommended award is less than 1% above the Engineers Estimate. Agenda Item Review:City Administrator ___x___City Attorney __x____Finance __x___ 56 Honorable Mayor and City Council September 8, 2014 Page 2 DISCUSSION: This project is a continued effort by the Public Works Department to preserve and maintain the City street surface infrastructure. This contractis only a portion of the proposed pavement maintenance activities funded in the FY 2014-15 Adopted Budget. The contract award is in conformance with public contracting laws of the State of Oregon as outlined in ORS Chapter 279C and the laws, regulations of the City of Woodburn, therefore, staff is recommending the contract be awarded. FINANCIAL IMPACT: The construction contractwill be fundedfrom the FY 2014-15 Adopted Budget, using Street Maintenance Fund, 140.631.4211.5479 Other Repair and Maintenance, Project Accounting Code MIST1457. 57