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October 26, 2015 Agenda KF,M CW ATHRYN IGLEYAYOR ITY OF OODBURN TAL,CW1 ERESA LONSO EONOUNCILOR ARD LE,CWII ISA LLSWORTHOUNCILOR ARD CCA RC,CWIII ITYOUNCILGENDA OBERT ARNEYOUNCILOR ARD S S,CWIV HARON CHAUBOUNCILOR ARD FL,CWV RANK ONERGANOUNCILOR ARD O26,2015–6:30.. CTOBERPM E M,CWVI RIC ORRISOUNCILOR ARD CHCC–270MS ITY ALL OUNCIL HAMBERS ONTGOMERY TREET 1.CALL TO ORDER AND FLAG SALUTE 2.ROLL CALL (Expected tolast ½ hour withremainingCouncil business 3.EXECUTIVE SESSION– beginning at7:00) To conduct deliberations with persons designated by the governing body to negotiate real property transactions pursuant to ORS 192.660(2)(e). 4.ANNOUNCEMENTS AND APPOINTMENTS Announcements: None. Appointments: 1 A.Planning Commission 5.COMMUNITY/GOVERNMENT ORGANIZATIONS None. 6.PROCLAMATIONS/PRESENTATIONS Proclamations: A.Domestic Violence Awareness Month2 Presentations: None. 7.COMMUNICATIONS . None – This allows the public to introduce items for Council 8.BUSINESS FROM THE PUBLIC consideration not already scheduled on the agenda. This facility is ADA accessible. 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.** October 26, 2015Council Agenda Page i –Items listed on the consent agenda are considered routine 9.CONSENT AGENDA and may be adopted by one motion. Any item may beremoved for discussion at the request of a Council member. A.Woodburn City Council minutes of September 28, 20153 Recommended Action: Approve the minutes. B.Off-Premises Liquor Sales License and New Outlet for 6 Guacamole’s Market Recommended Action:The Woodburn City Council recommends that the OLCC approve an Off-Premises Liquor Sales License and New Outlet for Guacamole’s Market. C.Building Activity for September 20158 Recommended Action: Receive the Report D.Crime Statistics through September 2015 9 Recommended Action:Receive the Report 10.TABLED BUSINESS None. 11.PUBLIC HEARINGS A.Declaration of Surplus Property14 –Members of the public wishing to comment on items of general 12.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. 2990 -A Resolution Declaring Certain City 24 Owned Property as Surplus Property and Authorizing the City AdministratortoSolicit the Sale of said Property Recommended Action:Conduct a public hearing and adopt the attached resolution declaring certain city owned property as Surplus Property and authorizing the City Administrator to solicit the sale of said property. B.Centennial Park Playground Grant Agreement26 Recommended Action:Authorize the City Administrator to enter into the attachedLocal Government Grant Agreement with the Oregon Parks and Recreation Department. The $52,544 grant was awarded for the Centennial Park Playground Project. October 26, 2015Council Agenda Page ii C.Review and Discuss FHDC’s Proposal to Purchase and 33 Develop City Owned Property Located at 1750 Park Ave Recommended Action:That the City Council review and discuss Farmworker Housing Development Corporation’s (FHDC) proposal to purchase and develop City owned property located at 1750 Park Ave. If the Council communicates clear support for the project and the proposed terms offered by FHDC, staff will enter into formal negotiations with FHDC with the intention of bringing an agreement to the Council for approval at the November 9, 2015 City Council meeting. D.Intergovernmental Agreement with the City of Silverton48 Recommended Action:That the City Council authorize the City Administrator to sign an Intergovernmental Agreement (IGA) with the City of Silverton for Structural/Mechanical Inspections and Plan Reviews. E.City Administrator Pro Tem54 Recommended Action:It is recommended the City Council appoint Assistant CityAdministrator Jim Row as Administrator Pro Tem for the period November 10 through November 30, 2015. – These are 13.PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS Planning Commission or Administrative Land Use actions that may be called up by the City Council. A.Director Approval of a Residential Architectural Standards 55 Substitution; File Number RSS 2015-02, Located at 577 Willow Recommended Action: No action is recommended. This item is placed before the Council for informational purposes, in compliance with the Woodburn Development Ordinance (WDO) Section 4.02.02. The Council may call up this item for review if it desires. 14.CITY ADMINISTRATOR’S REPORT 15.MAYOR AND COUNCIL REPORTS 16.ADJOURNMENT October 26, 2015Council Agenda Page iii Agenda Item October 7,2015 TO:City Council FROM:Kathy Figley, Mayor SUBJECT: Committee Appointment The following appointment is made, subject to the approval of the Council. Please forward any adverse comments to me prior to the Council meeting on Monday, October 26, 2015. No reply is required if you approve of my decision. Planning Commission James Floyd (new appointment) 1 PROCLAMATION DOMESTIC VIOLENCE AWARENESS MONTH WHEREAS, exposure to domestic violence has significant adverse consequences for physical and mental health and results in 42% higher healthcare costs for women suffering ongoing abuse; and WHEREAS, the Center for Hope and Safety received 21,551contacts to their programlast year and provided 5,500 nights of shelter to 138 individuals; with nearly one half of those sheltered being children; and WHEREAS, the Marion County District Attorney’s office received 1,276 law enforcement reports of domestic violence in the last year; and WHEREAS, eleven people in Marion County have been murdered in the past five years as a result of domestic violence; and WHEREAS, the Marion County Victim Assistance Division provided services to1,229victims of domestic violence, supporting themin making choices for their safety and giving them a voice inthe criminal justice process; and WHEREAS, domestic violence impacts the health of our community as a whole and requires us to work together in a meaningful way as partners so that any door a survivor enters is a path to support and services, NOW THEREFORE,I, MAYOR KATHY FIGLEY, do hereby proclaim October 2015as DOMESTIC VIOLENCE AWARENESS MONTH AND RESOLVES to champion vital and collaborative community servicesto surround victims with support and increase their safety net in our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of st Woodburn to be affixed this 21 day of October 2015. Kathryn Figley, Mayor City of Woodburn 2 COUNCIL MEETING MINUTES SEPTEMBER 28, 2015 DATENUEVO AMANECER CIPRIANO FERREL EDUCATION CENTER, CITY 0:00 OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 28, 2015 CONVENED The meeting convened at 7:05 p.m. with Mayor Figley presiding. ROLL CALL Mayor Figley Present Councilor CarneyPresent Councilor LonerganPresent Councilor Schaub Present Councilor Morris Present Councilor Ellsworth Present Councilor Alonso Leon Present Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City Administrator Row, Police Chief Russell,Captain Alexander, Public Works Director Scott, Economic and Development Director Hendryx, Finance Director Head, Recreation Manager Wierenga, City Recorder Pierson APPOINTMENTS: 0:00 Mayor Figley placed the nomination of Bethany Weathersby and Kathy Boyer for Library Lonergan/Ellsworth … Board in front of the Council. accept the appointments to the Library Board. PROCLAMATIONS: 0:03 Hispanic Heritage Month CONSENT AGENDA 0:08 A. Woodburn City Council minutes of September 14, 2015, B. Woodburn City Council Executive Session minutes of September 14, 2015, C. Interfund Loan Payment, D. Off-Premises Sales – Change of Ownership for Young Street Market, E. Woodburn Recreation and Park Board minutes of September 8, 2015, F. Crime Statistics through August 2015. Mayor Figleyaskedthat the September 14, 2015 minutesbe corrected to remove her name from the executive session portion of the minutes as she was not at the meeting. Lonergan/Ellsworth ... adopt the Consent Agenda with the minutes corrected. The motion passed unanimously. COUNCIL BILL NO. 2989 - A RESOLUTION CONCERNING THE CITY OF 0:10 WOODBURN'S INTEREST IN ESTABLISHING THE GLOBAL INCLUSION ADVISORY COMMITTEE; SPECIFYING GUIDING PRINCIPLES AND; PROVIDING MEMBERSHIP COMPOSITION Lonergan introduced Council Bill No. 2989. City Recorder Piersonreadthe bill by title Page 1 - Council Meeting Minutes, September 28, 2015 3 COUNCIL MEETING MINUTES SEPTEMBER 28, 2015 only since there were no objections from the Council. Councilor Alonso Leon stated that she would like to see a student on the committee. Councilor Carney stated that we have three clear communities within Woodburn that don’t show any significant interest in the political process and what we are trying to dowith this committee through outreach is find methods to bring them into the political system. Councilor Lonergan concurred with Councilors Alonso Leon and Carney. Mayor Figley stated that she hopes this committee gives people the tools and opportunity to be a part of the conversation on the things that matter to them. Councilor Morris stated that we should give the committee a starting point and task them with the problem of how to increase participation to get the cohesiveness of the group going. Councilor Carney suggested that the City Administrator draft a charter for the committee and City Administrator Derickson stated he prefers the established group have a conversation on how they see their role and how they can be most effective in accomplishing what the Council articulated. He added that he and staff are available to assist. Councilor Alonso Leon suggested hiring an inclusion and diversity consultant. Councilor Ellsworth stated the City has plenty of staff who would be able to facilitate the Ellsworth/Schaub meetings and the group will be full of diverse individuals. … amend the requirement of the Chief to say Chief of Police or his designee. Councilor Carney stated that might be a little premature before we flush out a charter. Mayor Figley stated she would hesitate to not have a member of the police department on the committee. Councilor Ellsworth clarified that she doesn’t disagree but perhaps the Chief may want to send a designee at times. Councilor Lonergan stated he could be in favor of that. The motion passed unanimously. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2989 duly passed. UTILITY ASSISTANCE PROGRAM 0:38 Morris/Alonso Leon City Administrator Derickson provided a staff report. … Authorize the City Administrator to execute an agreement with Mid-Valley Community Action Agency (MWVCAA) to administer a utility assistance program. The motion passed unanimously. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS 0:52 Director Approval of a Residential Architectural Standards Substitution; File Number RSS 2015-01, Located at 1602 Granite Drive. Council declined to call this item up for review. CITY ADMINISTRATOR’S REPORT City Administrator Derickson informed the Council that the application deadline for the Chief of Police recruitment has closed and the next steps will be the screening process of the applications. He added that he attended the League of Oregon Cities conference and was proud of the number of times that Woodburn was being held up as an example. MAYOR AND COUNCIL REPORTS 0:58 Councilor Alonso Leon provided a presentation on her Civic Leadership training at the NALEO conference. Councilor Carney thanked the City for sending him to the League of Oregon Cities Page 2 - Council Meeting Minutes, September 28, 2015 4 COUNCIL MEETING MINUTES SEPTEMBER 28, 2015 conference and that he really appreciated going. Councilor Lonergan stated that he attended the Blazer event at the Downtown Plaza and it was quite a show. He presented the City with a Blazer jersey and Recreation Services Manager Wierenga presented the City with a Rip City flag from the Blazers. Mayor Figley thanked Councilor Lonergan for filling in while she was gone. Councilor Ellsworth stated that Woodburn received a lot of praise for their cooperation in getting the interchange finished. She added that she attended the League of Oregon Cities conference and she also heard a lot of good things about Woodburn there. Councilor Schaub stated that she also attended the League of Oregon Cities conference and one of the goals she came away with is to acknowledge the City Administrator, Council, Mayor and the city staff for all they do. She added that she was proud to hear what other cities had to say about Woodburn. Councilor Morris stated the part of the interchange project that is near and dear to him is the interconnectivity to us and anywhere else. He asked for the Council’s help with getting plugged into Salem and Portland for those that can’t drive. WORKSHOP 1:15 Mayor Figley opened the workshop at 8:20 p.m. to review and discuss the City Council’s goal to standardize city signage. Assistant City Administrator Row provided a staff report and presentation on the city’s current signs. Council members asked questions and provided comments and direction regarding the city signage. Assistant City Administrator Row stated that they will come back with some concepts based on Councils input on park signs and the welcome to Woodburn signs. An audience member stated that the sign on the library lawn is bad. Another member of the audience stated that the Capaces Leadership group might be interested in working with the city on a welcome to Woodburn sign project. Mayor Figley thanked staff for their presentation and closed the workshop at 8:47 p.m. ADJOURNMENT 1:42 Ellsworth/Morris ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:48 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Heather Pierson,City Recorder City of Woodburn, Oregon Page 3 - Council Meeting Minutes, September 28, 2015 5 Agenda Item October 26, 2015 TO:Honorable Mayor and City Council through City Administrator THRU: Scott Russell, Chief of Police FROM:Jason R. Alexander, Captain SUBJECT: Off-Premises Sales – New Outlet RECOMMENDATION: The Woodburn City Council recommends that the OLCC approve an Off- Premises Liquor Sales License and New OutletforGuacamole’s Market. BACKGROUND: Applicant: Victoria Pineda 975 East Cleveland Street Woodburn Oregon, 97071 503.779.4278 Business:Guacamole’s Market Inc. 1335 North Pacific Highway Woodburn OR, 97071 503.981.3332 Owners: Same as Applicant (Above) License Type: -,which permits beer, wine, and cider OffPremise Liquor License sales for off-premise consumption only. On approximately September 22, 2015,theWoodburn Police Department received anapplication, requesting approval for an Off-Premises-New Outlet liquor licenseforGuacamole’s Market.A convenient store/butcher, that will sell grocery food items as well as alcohol for off premise consumption. Agenda Item Review:City Administrator ___x___City Attorney ____x__Finance ___x__ 6 Honorable Mayor and City Council October 26, 2015 Page 2 Guacamole’s Market islocated at 1335 North Pacific Highway Woodburn OR, 97071. The storewill be open Monday thru Thursday 9:00am to 10:00pm and Friday thru Sunday from 8:00am to 10:00pm. 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 this change. FINANCIAL IMPACT: None 7 8 9 10 11 12 13 Agenda Item October 26, 2015 TO:Honorable Mayor and City Council through City Administrator FROM:Randy Scott, Public Works Director SUBJECT: Declaration of Surplus Property RECOMMENDATION: Conduct a public hearing and adopt the attached resolution declaring certain city owned property as Surplus Property and authorizing the City Administrator to solicit the sale of said property. BACKGROUND: The Council’sFY 14/15 Goals included identifyingaplan for city owned property. This involves the review of all Cityowned real property and the identification of possible surplus properties to be sold or reallocated as needed.Based on Marion County Assessor’s records, the city currently owns120 parcelsof real property. The parcels vary in size and use. Staff reviewed the current and long term needs of the 120 city-owned properties and identified12 parcels to be considered for surplus.A report on these properties was placed before the City Council on November 10, 2014 for an initial review. Direction to staff was to proceed forward with the 12 properties and obtain additional information. DISCUSSION: At a City Council workshop held April 27, 2015, Council reviewed the additional information available andstaff recommendations for each of the12properties, The City Council concurred with staff recommendation, that 11of 12 properties should be moved forward for a formal determination as SurplusProperty. The First Street properties, 200 W Cleveland, 137 N 1, 200 Block Oak Street and st 175 N 1were included in the list of 11 properties to be declared surplus. st However, while discussing the appraisal of the First Street propertiesat the September 14, 2015 Council meeting, the Council expressed a desireto defer marketing andselling these propertiesat the present time. As a result,they have Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance ___x__ 14 Honorable Mayor and City Council October 26,2015 Page 2 been removed from thelist of properties tobe declaredsurplus. The remaining 7 properties are listed below. Marion County Assessor Property Records Property ID Map Tax Lot Location/Address Acres R45041 051W04CD03000 11842 Chateau Drive 0.166 R13625 051W18AA04400 Gatch Street 0.55 R13074 051W08CA02800 1750 Park Avenue 2.79 R108708 051W08CC00200 Legion Park 0.44 R108940051W18AB03400 347 N Front St 0.12 R13271 051W17A 00400 None0.33 R13764051W18BC09000None0.02 Once the properties are declared surplus, staff will initiate the process of appraising and marketing the properties for sale.Being declared surplus does not obligate the Council to dispose of the property, any offers to purchase City property will come back to the Council for review and consideration. Under state law, the declaration of surplus property by the City requires a public hearing, and the passage of a resolution that declares the property as surplus. Staff provided the requiredpublic notice via the Woodburn Independent and the public hearing was held in conjunction with this recommended action. FINANCIAL IMPACT: The financial impact of obtaining property appraisals and marketing services is unknown at this time. 15 16 17 18 19 20 21 22 23 COUNCIL BILL NO. 2990 RESOLUTION NO. 2068 A RESOLUTION DECLARING CERTAIN CITY OWNED PROPERTY AS SURPLUS PROPERTY AND AUTHORIZING THE CITY ADMINISTRATOR TO SOLICIT THE SALE OF SAID PROPERTY the City Council has previously determined the need to sell City- WHEREAS, owned properties that are no longer considered beneficial for public use; and the City Council out of approximately 120 City owned properties WHEREAS, has selected 7 properties that are no longer considered beneficial for public use and should be declared surplus; and although 7 properties are being declared surplus, each property WHEREAS, will be brought back to City Council for action in regard to the terms of sale for the individual parcel declared surplus; and Notice of the Public Hearing was published for the proposed WHEREAS, declaration of surplus property; and pursuant to ORS 221.725, theWoodburn City Council conducted WHEREAS, a public hearing on October 26, 2015 to hear testimony concerning said declaration of surplus property; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: The following properties identified below, based on Marion Section 1. County Assessor Property Record information are hereby declared Surplus Property. Marion County Assessor Property Records Property ID Map Tax Lot Location/Address Acres R45041 051W04CD03000 11842 Chateau Drive 0.166 R13625 051W18AA04400 Gatch Street 0.55 R13074 051W08CA02800 1750 Park Avenue 2.79 R108708 051W08CC00200 Legion Park 0.44 R108940 051W18AB03400 347 N Front St 0.12 R13271 051W17A 00400 None 0.33 R13764 051W18BC09000 None 0.02 The City Council finds that the property listed in Section 1 is no Section 2. longer needed by the City for the reasons specified in the Staff Report Page 1 – COUNCIL BILL NO. 2990 RESOLUTION NO. 2068 24 accompanying this resolution and it is in the public’s financial interest to declare the property surplus. Pursuant to ORS 221.725the sale of each property will require no Section 3. further public notice or public hearing. The City Administrator is directed to solicit the sale of said property by any means determined to be in the best interest of the City. Prior to said sale the terms of such shall be brought before the City Council at a regular scheduled City Council meeting as an action item under general business. 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. 2990 RESOLUTION NO. 2068 25 Agenda Item October 26, 2015 TO:Honorable Mayor and City Council through City Administrator FROM:Kristin Wierenga, Recreation Services Manager Via:Jim Row, Assistant City Administrator SUBJECT: Centennial Park Playground Grant Agreement RECOMMENDATION: Authorize the City Administrator to enter into the attached Local Government Grant Agreement with the Oregon Parks and Recreation Department. The $52,544grant was awarded for theCentennial Park Playground Project. BACKGROUND: The Community Services Department, working through the Recreation and Park Board, has identified the need to improve Centennial Park’s aging playground. This project involves removing the existing equipment, which has outlived its useful life, and installing new play equipment through a supervised community build process. While most of the existing equipment will be removed, two components (a tire swing and a regular swing set) will remain, as they are still in good and useable condition. The project meets the funding criteria for the State’s Local Government Grant Program, which requires a 40% local match of cash, contributions of materials, and volunteer labor. DISCUSSION: The 2009 Parks and Recreation Master Plan recognizes the need for replacing the Centennial Park playground and lists it as a priority to be completed in the 2013–2016 planning horizon. TheRecreation and Park Board considers the Centennial Park Playground Project to be a high priority for 2015. Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance __x___ 26 Honorable Mayor and City Council October 26, 2015 Page 2 The Community Services Department expect to begin design work this fall, with the construction taking place in spring 2016. The Local Government Grant program, which is funded by State Lottery proceeds, continues to be the strongest source of park development funds available to the City. This project out of 34 projects competing for funds in was extremely competitive, ranking 4 th the smallgrant (less than $75,000) category. FINANCIAL IMPACT: The $52,544 Local Government Grant will be matched witha$15,000grantfrom the Burlingham Trust, $1,000 from the Woodburn Kiwanis Club, and force account/ volunteer labor. The Woodburn Rotary Club is also considering a small monetary contribution toward the project. The City’s financial commitment to the project, which is anticipated to be less than $1,000, will come from existing resources included in the general fund’s recreation budget. 27 28 29 30 31 32 Agenda Item October 26, 2015 TO:Honorable Mayor and City Council FROM:Jim Row, Assistant City Administrator SUBJECT: Review and Discuss FHDC’s Proposal to Purchase and Develop City Owned Property Located at 1750 Park Ave RECOMMENDATION: That the City Councilreview anddiscussFarmworker Housing Development Corporation’s(FHDC) proposal to purchase and develop City owned property located at 1750 Park Ave.If the Council communicates clear support for the project and the proposed terms offered by FHDC, staff will enter into formal negotiations with FHDC with the intention of bringing an agreement to the Council for approval at the November 9, 2015 City Council meeting. BACKGROUND: The Council’sFY 14/15 Goals includeddevelopingaplan for city owned property, which involves the review of all Cityowned real property and the identification of possible surplus properties to be sold or reallocated as needed. Based on Marion County Assessor’s records, the City currently owns120 parcelsof real property. The parcels vary in size and use. On April 27, 2015 the City Council directed staff to initiate the process of declaring a number ofCity owned parcels as surplus, including the property located at 1750 Park Ave. The public hearing and resolution declaring these properties as surplus appear prior to this item on the currentCity Council Agenda. On July 27, 2015,the City Council conducted a workshop to hear a presentation from FHDC representatives regarding their interest in purchasing the subject property for the purpose of constructing amulti-family housing complex that would serve a mix offarmworkerand low income housing residents. During the workshop, the Council asked FHDC representatives and City staff to research the proposed project’s potential impacts to traffic congestion at the Hwy 214/ Park Ave intersection, City property tax receipts, and crime. The Agenda Item Review:City Administrator __x____City Attorney __x____Finance __x___ 33 Honorable Mayor and City Council October 26, 2015 Page 2 Council further directed staff to conduct an appraisal of the property and to negotiate a sales price with FHDC. PROPERTY DESCRIPTION: Marion County Assessor’s records listthe parcel asproperty ID#R13074, with a size of 2.79 acres anda real market value of $210,590. The property was purchased by the Cityin 1976 forthe amount of $300.00 (other considerations of the purchase have notbeen determined). It is currently zoned Medium Density (RM). The east half of this property has an existing City water well, two Residential structures used for equipment storage and an area for material storage. TheCity can likelymake accommodations for the loss of storage. The well is not currently in production, buthas been retained foremergency water supply purposes. 34 Honorable Mayor and City Council October 26, 2015 Page 3 APPRAISAL: Following the July 27, 2015 City Councilmeeting, staff contracted with Powell Banz Valuation for the completion of a real estate appraisal report. The appraisal reportconcluded that the fair market value of the property if the property was unimproved without buildings or well is $400,000. At the City’s request, the appraiser considered an alternate valuation if the City retained an easement for the operation and maintenance of the existing well. The appraisal concluded the value of the property to be $350,000 with a well easement in place. : ENVIRONMENTAL SITE ASSESSMENT Following the July 27, 2015 City Council meeting, FHDC contracted with EVREN Northwest, Inc. to conduct a PHASE I Environmental Site Assessment (ESA) on the subject property. The assessment identified no evidence of recognized environmental conditions at the subject property, except for the following (paraphrased): 1.Several 55-gallon drums and 5-gallon buckets of potentially hazardous materialswere observed onsite. The containers are not properly labeled, there is not secondary containment, and the storage is in a building with a gravel floor. Heavy staining was noted on the surfaces of both buildings. 2.The site is listed in the Environmental Cleanup Site Information (ECSI) database. The ECSI entry indicates that the site was a garage/ maintenance yard for about 25 years and has been inactive for many years. A Phase II ESA completed by Aspen in 2002 found heavy oil impacts in soil at concentrations up to 49,900 parts per million (ppm) and diesel oil impacts in soil at up to 5,270 ppm. Some leachable lead impacts were below the limit where the soil would be considered a hazardous waste. 3.The site was formerly serviced by an onsite septic system, which has reportedly been properly decommissioned. The tank and associated leach fields should be investigatedfor impacts from possible improper disposal of waste fluids. ENVIRON Northwest recommended that additional assessment of soils and groundwater be conductedand thatthe proper decommissioning of the septic tank be confirmed.FHDC received a proposal from ENVIRON Northwest for this work at a “not to exceed” cost of $18,500. 35 Honorable Mayor and City Council October 26, 2015 Page 4 Further environmental assessment will help to determine if the site can be cleaned up and made ready for building fora reasonable amount of time and money. However, even after additional assessments, the actual extent of any contamination or other environmental condition will not be known until contractors begin cleanup. Such unknowns are common when dealing with former industrial and commercial properties because of historical environmental practices. EXISTING WATER SUPPLY WELL: While the well on the subject property is not currently in production, it will be retained by the Cityfor emergency water supply purposes. FHDC evaluated the location of the well and existing water supply line, and hasdetermined that retaining them will be detrimental to their ability to effectively develop the site. As a result, they have asked staff to consider decommissioning and abandoning the well. Public Works evaluated the request and determined that it is unlikely that the well would be neededby the Cityfor emergency purposes. As a result, the staffis comfortable accommodating FHDC’s request to decommission and abandon the well. Staff confirmed with the State of Oregon Water Resources Department, that the water rights that are currently attached to this well can be retained by the City for use at another location in the future. For the Council’s information, staff estimates the proportional cost of replacing the production level(750 gallons per minute) of the well to be approximately$450,000. TRAFFIC IMPACTS: FHDC tasked the transportation engineering and consulting firm, Kittleson & Associates, with investigatingthe potential traffic impacts the proposed development would generate. As shown in the attachedletter from Kittleson & Associates (see Attachment 1), the preliminary trip generation estimate for the proposed development is approximately 300 daily trips, of which 23 trips occur during the weekday AM peak hour, and 28 trips occur during the weekday PM peak hour. City staff has reviewed these numbers and finds that the methodology appears appropriate. The trips as described would not likely represent a significant disruption to area traffic patterns. 36 Honorable Mayor and City Council October 26, 2015 Page 5 CRIME IMPACTS: The Woodburn Police Department reviewed call history over a 12-month period on seven multi-family residential properties in Woodburn, including two owned and operated by FHDC.The attached memo from Police Chief Scott Russell (see Attachment 2) identifies the following average annual calls per dwelling unit for each of the seven properties(sorted from highest to lowest): Complex Name Annual Calls Per Unit 1.Park Ave Apts.1.96 2.Nuevo Amanacer .78 (FHDC) 3.Stonehedge Court Apts..63 4.Esperanza Court .58 (FHDC) 5.Barclay Square Apts..44 6.Hazelwood Estates (Marion Cty.).29 7.Harvard Meadows.20 It is important to note that this data is related to calls for service, not arrests or crimes committed. Calls for service may be a good indicator of the level of police response generated by a particular property, but it is not necessarily a good indicator for the level of crime committed at that same location. A report providing statistics related to index crimes committed by address can be generated but would require a significant amount of staff time to collect and analyze the data. From the call data listed above, the level of call history and corresponding police response tothese multi-family housing complexes is not outside of the normal range expected within Woodburn. It has been the Police Department’s experience that multi-family housing will have more calls than single family housing. PROPERTY TAX IMPACTS: The City Council requested information on the impact an FHDC project would have on potential property tax assessments. Because farmworker housing is eligible for property tax exemption, such a project would directly impact tax assessments. On behalf of FHDC, the Housing Development Center (HDC) prepared an analysis comparing the proposed project’s anticipated City property tax assessments vs. those that would be generated by a market rate (non-tax exempt)multi-family complex. The analysis and summarizing memo are attached. (see Attachment 3)It is important to note that the following estimates 37 Honorable Mayor and City Council October 26, 2015 Page 6 are based upon the assumption that 50% of the units in the proposed development will be designated as farmworker housing, which is eligible for a property tax exemption. The analysis indicated that the proposed project would generate approximately in property taxes annuallyfor the City of Woodburn, as compared to $3,318 for a market rate development.This results in projected City property tax $16,412 assessments that are approximately less per yearfor the proposed $13,000 project vs. a similar project owned andoperated ina fully taxable manner. The City’s finance department reviewed the analysis anddiscussed its approach with a representative of the Marion County Assessor’s Office. Based on this limited review, the finance departmentdetermined that they arecomfortable with its methodology and resulting estimates. : TERMS OF OFFER FHDC is offering to purchase the subject property from the City subject to a number of conditions. After analyzing the site, they determined that it would be their preference to have control over the entire site, which would require the water supply well to be abandoned and removed. FHDC has also identified that various “Site Preparation Costs”will be incurred before the planned multi-family housing can be constructed. These Site Preparation Costs include: Conductthe Phase II Environmental Site Analysis; Remediate any discovered environmental contamination, which may include removal of soilsand other contaminated materials; Abandonment and removal of the water supply well; and Removal of existing structures. FHDC is proposingapurchase price of $400,000 with a possible reduction of up to $75,000 to defray site preparation costs.Under FHDC’s proposal, FHDC will pay all costs for site preparation. The City will have no out of pocket costs; however, FHDC will seek a purchase price reduction if the costs rise above $50,000. FHDC is proposing any reduction to proceed as follows: 1.FHDC willpayall site preparation costs up to $50,000. Ifcosts do not exceed $50,000 then no reduction of the purchase price will occur; 2.If costs exceed $50,000 then the purchase price will be reduced up to the next $50,000; 38 Honorable Mayor and City Council October 26, 2015 Page 7 3.If costs exceed $100,000 no reduction will occur up to the next $25,000. FHDC is proposing to not require reduction on this $25,000; 4.If costs exceed $125,000 then the purchase price will be reduced up to the next $25,000. FHDC is requesting that the City grant an option to purchase the property. The option will provide them with the ability to conduct the Phase II environmental analysis and begin the process of applying for project financing. Under the option, FHDC would have until March 31, 2016 to sign the purchase agreement. : TIMELINE OF ACTIVITIES FHDC provided the City with thefollowing anticipatedtimeline of activities related to the proposed purchase: DateActivity October 26, 2015Property declared surplus November 9, 2015Council approves option agreement November 13, 2015 Option Agreement signed BeginEnvironmental Phase II testing and November 16, 2015 other due diligence December 1, 2015–March 31, 2016NEPA review March 31, 2016Execute Purchase and Sale Agreement April 2016Submit application to State for financing Notice of award from State / Release August 31, 2016 Financing Contingency Remediateidentified environmental August 2016–January 2017 hazards January 31, 2017Release site prep contingency July 31, 2017Close on purchase of property : DIRECTION FROM THE CITY COUNCIL FHDC has communicated to staff that they are operating on a tight timeline and need to make a decision about whether to pursuethis project soon. If Council is supportive of the general terms of this proposal then staff will work with FHDC to 39 Honorable Mayor and City Council October 26, 2015 Page 8 bring a formal real estate transaction agreement for Council consideration at the next City Council Meeting on November 9, 2015. FINANCIAL IMPACT: The net proceeds from the sale of the subject propertypursuant to the terms offered by FHDCare not fully known at this time, but areexpected to range from $325,000-$400,000. 40 Attachment 1 September 1, 2015 Project #: 19353 Mr. Roberto Jimenez Farmworker Housing Development Center th 1274 5 Street, Suite 1A Woodburn, Oregon 97071 RE: 1750 Park Avenue Traffic Analysis Dear Mr. Jimenez, Farmworker Housing Development Center is exploring the potential development of up to 45 apartment units on property located at 1750 Park Avenue housing in Woodburn, Oregon. This letter provides a preliminary trip generation estimate for the potential development, anticipating up to 23 weekday AM peak hour trips and 28 weekday PM peak hour trips. Woodburn Development Ordinance Section 3.04.05 states that the City of Woodburn may require a Traffic Impact Analysis (TIA) prior to the approval of a City access permit when the Director estimates a development proposal may generate either 100 or more additional, peak hour trips, or 1,000 or more additional daily trips, within ten years of a development application. Under this criteria, a TIA would not be required for the proposed apartments. TRIP GENERATION Preliminary trip estimates for the proposed apartment complex were developed based on trip rates th obtained from the standard reference Trip Generation, 9 Edition (Reference 1). Trip Generation is a nationally recognized trip database published by the Institute of Transportation Engineers. Table 1 presents the trip generation estimate (daily trips were rounded to the nearest 10). Table 1. Trip Generation Weekday AM Peak Hour Weekday PM Peak Hour Total In Out Total In Out Land Use Units ITE Code Daily Apartments 45 220 300 23 5 18 28 18 10 As shown in Table 1, development of 45 apartment units is estimated to result in approximately 300 daily trips of which 23 trips occur during the weekday AM peak hour and 28 trips occur during the weekday PM peak hour. The trip rates in Trip Generation are based on suburban land uses with no transit service. The apartment building is anticipated to serve a mix of farm worker and work force 41 Attachment 1 Farmworker Housing Development Center Project #: 19353 September 1, 2015 Page: 2 housing. Given the potential for farm workers residing at the apartment complex to commute together and at hours that may start or end outside the typical morning and evening commuter periods, we think the actual trip rates realized at the potential development may be lower than the national average apartment trip rates provided in Trip Generation (lower trip rates reflecting the local trip making characteristics of the farmworker housing tenants such as carpooling and early working hours). Traffic counts would need to be collected at another similar land use to confirm local trip making characteristics, if desired. OTHER CONSIDERATIONS While a TIA does not appear to be triggered under the City of Woodburn Development Ordinance Section 3.04.05, there is evidence suggesting adequate capacity is available along Highway 214 to accommodate the proposed apartments. We reviewed two relevant studies that our firm prepared in Woodburn, as discussed below. Transportation System Plan (TSP) generally found intersections in the site vicinity to operate acceptably in the near-term. The TSP identified the potential long-term need for signalization of the Highway 214/Park Avenue intersection but also reported the intersection operated with a volume-to-capacity (v/c) ratio of 0.51 under then-existing weekday PM peak hour conditions, easily satisfying the Oregon Department of Transportation (ODOT) 0.85 intersection v/c ratio standard. The June 22, 2012 (taurant now constructed to the east of Park Avenue along the south side of Highway 214) found the Highway 214 western site driveway operated at a v/c ratio of 0.25 or less upon site buildout and that the traffic signal just east of the site on Highway 214 ( properties) operated at less than 50 percent of its capacity during the weekday AM and PM peak hours. TIA, it appears that there are no near-term capacity issues along Highway 214 in the immediate site vicinity that would require mitigation. Further study would be required to definitively make this conclusion; however, the apartment building is not a large enough trip generator to trigger a TIA under the City of Woodburn Development Ordinance so further study is likely unnecessary. We look forward to working with the project team as this effort moves forward. Please contact us if you have any questions in the interim. Sincerely, KITTELSON & ASSOCIATES, INC. Chris Brehmer, P.E. Julia Kuhn, P.E. Principal Engineer Senior Principal Engineer Kittelson & Associates, Inc. Portland, Oregon 42 Attachment 2 WPD OODBURN OLICE EPARTMENT 1060 Mt. Hood Ave., Woodburn, Oregon 97071 Phone: (503) 982-2345 FAX: (503) 982-2371 Scott D. Russell • Chief of Police • Jason Alexander SupportDivision Captain Thursday October 14, 2015 To:Jim Row, AssistantCity Administrator Subject: MEMO Fr om: Scott D. Russell, Chief of Police Re:Calls for Police Service FHDC Properties and Other Multi-family Complexes Re cently I asked the Records Division to review the 12 month calls for service queries that were run on multi-family properties for accuracy. They were able to ascertain that the queries were double counting some incidents (the query counted each officer responding). These errors were corrected and after that we added a few additional properties to the analysis. The following results were obtained and,after checking the data, I am confident that the numbers are now correct. Please let me know if you need anything further. FHDC Properties: .58 Esperanza Court: 12 Units, 7 Calls for Service, annual calls per unit average .78 Nuevo Amanacer (Combined): 130 Units, 102 Calls for Service, annual calls per unit average Stonehenge Court Apartments:North Front Street .63 192 Units, 120 Calls for Service, annual calls per unit average Barclary Square Apartments:West Hayes Street .44 70 Units, 31 Calls for Service, annual calls per unit average Hazelwood Estates: Carol Street (Marion County Housing Authority) .29 24 Units, 7 Calls for Service, annual calls per unit average Harvard Meadows: Harvard St. .20 235 Units, 48 Calls for Service, annual calls per unit average Park Ave Apartments: 1469 Park Ave 1.96 26 Units, 51 Calls for Service, annual calls per unit average 43 Attachment 3 MEMO Date:October16,2015 To:WoodburnCityCouncil From:HousingDevelopmentCenter(HDC) FarmworkerHousingDevelopmentCenter(FHDC) RE:1750ParkAvenueΑTaxEstimate SUMMARY HousingDevelopmentCenter(HDC)hasprovidedtheattachedestimateofpropertytaxesprojectedtobe leviedfromCI5/͸ƭaffordablehousingprojectproposedtobedevelopedonpropertylocatedat1750 ParkAvenueandcurrentlyownedbytheCityofWoodburn.FHDCisseekingtodevelopa44unit, affordable,workforceprojectontheproperty,withprimarilytwoandthreebedroomfamilysizedunits. ApproximatelyonehalfoftheunitswouldbesetasideforAgriculturalWorkersandtheirfamilies,and thereforewouldqualifyforapropertytaxexemption.Thebalanceoftheunits,servingthegeneral,low incomeworkforceinWoodburn,willincurpropertytaxes.HDCalsoanalyzedtheportionofthelevied taxeswhichwouldgototheCityofWoodburn,comparedtoothertaxingentities. Basedonthemethodologydescribedbelow,theproposedproject,at44units,wouldgeneratean estimated$3,318 inleviedCitypropertytaxesperyear,includingthepropertytaxexemptionfor50%of theunits.Thefinaltaxesleviedwilldependonfactorssuchasthefinalnumberofunits,finalvaluation byappraisalandtheassessedvaluecomparedtorealmarketvalue.Thenewtaxrevenuefromthe proposedprojectwouldaddsignificantlytoCityrevenueswhencomparedtothecurrentvacant,City ownedpropertyortousebyafullytaxexempt,charitablepurpose. LIMITATIONSOFANALYSIS Theattachedpropertytaxestimateswerederivedusinganumberofassumptions,whichwillnotbeable tobeconfirmeduntiltheproposedprojectisthroughdesigndevelopmentandfinancingapplicationsand anasbuiltappraisalcanbeobtainedfromalicensedappraiser.HDCisnotalicensedappraiser,andhas completedthisanalysisonlyforestimatingpurposesattherequestoftheCityofWoodburn.Thesevalues shouldnotbereliedonforrealestatetransactionpurposes. METHODOLOGY Thebasicmethodologyusedincludesestimatingthepropertyvalue,theassessedvalueandthen calculatingtheestimatedtaxesforamarketratemultifamilypropertyandanaffordableproperty.Then wehaveshowntheimpactoftheexpectedAgriculturalWorkerpropertytaxexemptiononleviedtaxes: 44 Attachment 3 Determinationofestimatedpropertyvaluewhencompleted:AsrequestedbyCityStaff,HDC usedmarketvaluesforfourFarmworkerHousingDevelopmentCorporation(FHDC)properties, asifthosepropertiesdidnothavemandatoryrentrestrictions,calculatedanaverageperunit valuefromtheseproperties,anddeterminedtheestimatedmarketvalueof44unit,non restrictedmultifamilypropertyontheParkAvenuesite.Thisisgenerallyreferredtoasa ComparablesApproachtovaluation. Asisstandardinvaluationofaffordablehousing,andbecausewehaveaprojectedoperating e budgetforourproposedaffordableproject,HDCusedanIncomeApproachtodetermineth valueoftheproposedaffordabledevelopment,asdescribedbelow. ComparableApproachtoDetermineMarketRateProjectValue:Basedonthefour o comparableFHDCproperties,theaverageperunitvaluewas$70,021.Theresulting estimatedvalueofa44unitdevelopmentwouldbe$3,080,915. IncomeApproachtoDetermineAffordableHousingValue:Theincomeapproachtakes o intoaccountthenetoperatingincomeforapropertyinordertoderivevalue.Inthis approach,theanticipatednetincomefromarentalproperty(afterbudgetedoperating expenses)isdividedbyacapitalizationrate(therateofreturnbasedonincomethata ectedtogenerate)todeterminetheassessedvalue.Inaffordablehousing, propertyisexp becauserents(revenues)arerestrictedtobelowmarket,thenetincomefromthe propertyisreduced,reducingtheƦƩƚƦĻƩƷǤ͸ƭvalue.Basedonrentsattheproposed projectsettobeaffordabletohouseholdsatorbelow60%oftheareamedianincome, andusingacaprateof7.25%(thecaprateintheappraisalforCI5/͸ƭmostrecent development),theincomeapproachgeneratesavalueof$1,245,776forarentrestricted 44unitdevelopment. DeterminationofTaxAssessedValue:Taxesareassessedbasedonanassessedratherthan marketvalue.HDCusedan88%assessedvalueratioobtainedfromMarion/ƚǒƓƷǤ͸ƭtaxğƭƭĻƭƭƚƩ͸ƭ office.Forthetheoretical,marketrate,44unitprojectatParkAvenue,theassessedvalueis $2,711,205.Fortherentrestricted,affordableproperty,theassessedvalueis$1,096,283. CityTaxRevenuefromMarketRateProject:Theanticipatedleviedtaxesshownontheattached chartarecalculatedbasedontheestimatedassessedvaluetimestheCityofWoodburnstandard $6.0534per$1,000taxrate.Usingtheseassumptions,theestimatedannualCityleviedtaxes wouldbe$16,412. strictedProject:CityofWoodburntaxrevenuesfromtheproposed TaxRevenuefromRentRe affordablehousingproject,withoutanyexemption,willbesomewhatreducedfrommarketdue torestrictedrealmarketvaluesdiscussionabove.Basedontheassessedvaluesderivedabove andmultipliedbythestandardtaxrateof$6.0534per$1,000,theleviedCitytaxeswithoutany exemption,areestimatedat$6,636. ReductioninTaxRevenueDuetoAgriculturalWorkerTaxExemption:FHDCplanstosetaside 50%oftheunitsforagriculturalworkers,withthebalancebeingavailableforthegeneralworking population.FHDCwillbepursuingataxexemptionononlythesetasideunitsandasaresult,the net,Cityleviedtaxesbe$3,318 fora44unitdevelopment,areductionofabout$3,000. 2 45 Attachment 3 CONCLUSION Basedontheestimatedvaluefora44unit,affordableworkforcefamilyhousingprojectof$1,245,776, usinganassessedvalueof88%ofmarketvalue,theestimatedtaxesleviedwitha50%propertytax exemption,propertytaxestotheCitywouldbe$3,318 peryear.Therefore,themainimpactonCity revenuesisduetothereducedvalueofamultifamilypropertywhenrentrestrictionsareimposed,rather thansolelythedecisiontosetasidesomeunitsforagriculturalindustryworkforce. Again,HDChascompletedthisanalysisonlyforestimatingpurposesandthesevaluesshouldnotberelied onforrealestatetransactionpurposes. 3 46 Attachment 3 47 Agenda Item October 26, 2015 TO:Honorable Mayor and City Council through City Administrator FROM:Steve Krieg, Building Official SUBJECT: Intergovernmental Agreement with the City of Silverton RECOMMENDATION: That the City Council authorizethe City Administrator to sign an Intergovernmental Agreement (IGA) with the City of Silverton for Structural/Mechanical Inspections and Plan Reviews. BACKGROUND: In March of 2010, The City of Woodburn and the City of Silverton entered into an IGA to assist each other in an as-needed basis for structural/mechanical inspections and plan reviews. The IGA has reached the end of its term and officials from both cities are proposingto renew the program. The City of Woodburn has an IGA with Marion County for mutual inspectionand plan review assistance. The IGA with Silverton has helped both cities meet demand for inspection and review services. DISCUSSION: The Structural/Mechanical Inspections and Plan Review IGA proposes to continue the 2010 program.This IGA is set to expire July 1, 2017. FINANCIAL IMPACT: The Structural/Mechanical Inspections and Plan Reviews IGA involves budgeted money to the extent that Woodburnuses Silverton’sresources. To the extent that Silverton uses Woodburn’sresources, some revenue will be received by the City. Attachments:IGA for Structural/Mechanical Inspections and Plan Reviews Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance __x___ 48 49 50 51 52 53 Agenda Item October 26, 2015 TO:Honorable Mayor and City Council FROM:Scott C. Derickson, City Administrator SUBJECT: Appointment of Administrator Pro Tem RECOMMENDATION: It is recommended the City Council appoint Assistant City Administrator Jim Row as Administrator Pro Tem for the period November 10 through November 30, 2015. BACKGROUND: I will be away from the office from November 10 through November 30, 2015. Pursuant to Section 21(e) of the Woodburn Charter, the City Council shall appoint an Administrator Pro Tem whenever the Administrator is absent from the City. The Pro Tem Administrator shall possess the powers and duties of the Administrator, as limited by the Charter.Jim Rowhas accepted this assignment in the past and has the skills needed to successfully complete it. FINANCIAL IMPACT: There is no financial impact associated with the recommended action. Agenda Item Review:City Administrator ___x___City Attorney __x____Finance _x____ 54 Agenda Item October 26, 2015 To: Honorable Mayor and City Council through City Administrator From:Jim Hendryx, Economic and Development Services Director; Kate Foster, Associate Planner Subject: Director Approval of a Residential Architectural Standards Substitution; File Number RSS 2015-02, Located at 577 Willow Ave. RECOMMENDATION: No action is recommended. This item is placed before the Council for informational purposes, in compliance with the Woodburn Development Ordinance (WDO)Section 4.02.02. The Council may call up this item for review if it desires. BACKGROUND: The WDO allowsup to threearchitectural standards to be substituted, pursuant to Section 5.02.02. The substituted materials or design must still meet the overall intent of the Ordinance. The WDO allowsup to threearchitectural standards to be substituted, pursuant to Section 5.02.02. The substituted materials or design must still meet the overall intent of the Ordinance. The applicant requests one architectural standard substitution in order to avoid replacing the siding on a new-to-the-site manufactured home, as conditioned by the Planning Department in the building permit B15-381, which has been approved. The standard for which the substitution is requestedis: WDO 3.07.02 C. Exterior Finish. The subject manufactured home is a replacement for an existing manufactured home. The existing manufactured home is nonconforming with regard to Section 3.07.02 E 1 and 2, the main pedestrian entrance and porch, and G, a multi-articulated roof line, because the dwelling is orientated lengthwise on the lot instead of facing the street and has no covered porch or recessed entry. These three standards will continue to be nonconforming after the placement of the new manufactured home. The existing dwelling is also nonconforming with Agenda Item Review:City Administrator __x____City Attorney __x____Finance _x____ 55 Honorable Mayor and City Council October 26, 2015 Page 2 regard to Section 3.07.02 F, with windows facing the street; however, the new dwelling will meet this standard and move further towards conformity. The remaining standards, for which no substitutions are requested, and no nonconformities exist, were reviewed separately as a Type I application in the building permit (B15-381) andarenot addressed in this request. The Director approved the decision on October 7, 2015 without conditions. The Planning section of the building permit was approved for the development with the condition that the siding either be replaced after placement, or that the owners obtain an approval for an architectural standard substitution to retain the siding. DISCUSSION: None. FINANCIAL IMPACT: The decision is anticipated to have no public sector financial impact. See pictures below. 56 Honorable Mayor and City Council October 26, 2015 Page 3 ZONING MAP Zoning map showing subject property 57 Honorable Mayor and City Council October 26, 2015 Page 4 58 Honorable Mayor and City Council October 26, 2015 Page 5 59