Loading...
Agenda - 01/14/2002e e e A GE~DA 00D UP CO IANUAR Y14~ 2002, 7..00 P.M. 270Montgomery Street ~ ~ ~Voodbum~ Oregon CALL TO ORDER AND FLAG SALUTE ROLL CALL ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. Holiday closures: City Offices and Woodburn Public Library will be closed on Monday, January 21, 2002 in observance of the Martin Luther King, Jr. holiday. The Woodburn Aquatic Center will be open on January 21, 2002. Be Woodburn Company Stores public hearing continuation is scheduled to be held before the Woodburn City Council on Monday, January 28, 2002 at 7:00 p.m. Ce Woodburn Development Ordinance public hearing will be held before the Woodburn Planning Commission on Thursday, January 24, 2002 at 7:00 p.m. The Indoor Playground Program will begin on February 7, 2002 at the Community Center. Contact Recreation and Parks office for for information (982-5264). Appointments: - None PRESENTATIONS/PROCLAMATIONS A. Skate Park Committee COMMITTEE REPORTS Ae Chamber of Commerce. Woodburn Downtown Association. COMMUNICATIONS Notice from Marion County of a vacancy on the Marion County Planning Commission .................................... BUSINESS FROM THE PUBLIC (This allows the public to introduce items for Council consideration not already scheduled on the agenda.) 6A Page 1 - Council Agenda of January 14, 2002. Se CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. Be Woodburn City Council minutes of December 10, 2001 regular and executive meetings and December 19, 2001 special and executive meetings ...................................................... 8A Recommended action: Approve the Woodburn City Council minutes. Woodburn Planning Commission minutes of November 29, 2001 and December 6, 2001 ............................................... 8B Recommended action: Accept the Woodburn Planning Commission minutes. Co Livability Task Force minutes of October 23, 2001 ................... 8C Recommended action: Accept the Livability Task Force minutes. Recreation and Park Board minutes of December 11, 2001 '.~ ........... 8D Recommended action: Accept the Recreation and Park Board minutes. Ee Community Center Planning Committee minutes of December 6, 2001 .. Recommended action: Accept the Community Center Planning Committee minutes. 8E Fe Library Board minutes of December 12, 2001 ....................... 8F Recommended action: Accept the Library Board minutes. Ge Annual Audit Report for fiscal year 2000-01 ........................ 8G Recommended action: Accept the Annual Audit Report. He Electric franchise options ........................................ 8H Recommended action: Receive the report. Claims for the month of December 2001 ............................. 8I Recommended action: Approve the claims for December 2001. Je Building Activity Report for December 2001 ......................... 8J Recommended action: Receive the report. ge Planning Project Tracking Sheet dated January 2, 2002 ............... 8K Recommended action: Receive the Planning Project Tracking Sheet. Sewer pump stations update ...................................... 8L Recommended action: Receive the update. Me Urban Renewal status report ..................................... 8M Recommended action: Receive the report. End of Fall 2001 Leaf Pickup Period ............................... 8N Recommended action: Receive the report. Page 2 - Council Agenda of January 14, 2002. 11. 12. 13. 14. Oe I-5 Sign Bridge update ........................................... 80 Recommended action: Receive the update. TABLED BUSINESS PUBLIC HEARINGS A. Woodburn Company Stores Phases II and III ...................... 10A Recommended action: Continue public hearing to the regularly schedule meeting of January 28, 2002. GENERAL BUSINESS Ae Council Bill No. 2365 - Resolution setting amount of the Parks and Recreation Systems Development Charge, Alternative Rate Review Fee, Alternative Payment Request Fee imposed by Ordinance 2250 and establishing an effective date for the imposition of the fees ............ llA Recommended action: Adopt the resolution. Bo Council Bill No. 2366 - Ordinance adopting the Woodburn Personnel Policies and Procedures Manual for City Employees ................. 1 lB Recommended action: Adopt the ordinance. Co Council Bill No. 2367 - Resolution directing the City Engineer to prepare an engineering report for street improvements on E. Hardcastle Ave. from Pacific Highway 99E to the east city boundary ................. llC Recommended action: Adopt the resolution. 0 Council Bill No. 2368 - Resolution authorizing the execution of an intergovernmental agreement with Marion County for coordination of the Woodburn Youth Peer Court .................................... llD Recommended action: Adopt the resolution. Fe Liquor license application for limited on premise sales and off premise sales: Huber's on the Green ........................... llE Recommended action: Approve the liquor license. Tourism and Economic Development Grant Funding ................ llF Recommended action: Award grants as follows: A grant in an amount not to exceed $35,200 to the chamber of Commerce and a grant in an amount not to exceed $2,500 to the tFoodburn Downtown Association. PUBLIC COMMENT NEW BUSINESS PLANNING COMMISSION ACTIONS - These are Planning Commission actions that may be called up by the City Council. None Page 3 - Council Agenda of January 14, 2002. 15. CITY ADMINISTRATOR'S REPORT 16. MAYOR AND COUNCIL REPORTS 17. EXECUTIVE SESSION A. To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660 (1)(h). B. To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (1)(f). C. To conduct deliberations with persons designated by the governing body to negotiate real property transaction pursuant to ORS 192.660 (1)(e). 18. ADJOURNMENT Page 4 - Council Agenda of January 14, 2002. Marion County Information For immediate release: January 3, 2002 Contact: Tami Amala, (503) 588-5038 6A Help decide what is built where Join a group of people who can affect what gets built -- and what doesn't -- next to cities, near a favorite fishing hole, along I-5 and the Willamette River, in the fields and orchards and all the way up to the Santiam Pass. The nine-member Marion County Planning Commission has one vacancy to be filled by a resident interested in shaping land uses and development. To maintain geographic representation, the preference will be for a person living in northern Marion County. Members are appointed by the Board of Commissioners to serve four-year terms. The commission reviews subdivisions, planned unit developments, and amendments to the Comprehensive Land Use Plan and zoning ordinances, forwarding recommendations to the Board of Commissioners for action. During 2002, the commission will continue review of the county's Sensitive Groundwater Overlay Zone, work with cities to coordinate land use planning and update the subdivision and partition ordinance. Application forms are available at the Marion County Business Services Office, 555 Court St. NE, Salem, OR 97309. Completed applications should b~ submitted by 5 p.m. Friday, February 1. Applicants should be at leastl 8 years old and residents of Marion County. For more information or to receive an application by mail, contact the Business Services Office, 503-588-7990, e-mail gchapin~co.marion.or.us or visit Marion County's volunteer web site, http://www.open.org/mcvol. 8A COUNCIL MEETING MINUTES December 10, 2001 TAPE READING .0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, DECEMBER 10, 2001. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0021 ROLL CALL. Mayor Jennings Present Councilor Bjelland Absent Councilor Chadwick Present Councilor Figley Present Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Staff Present: City Administrator Brown, City Attomey Shields, Public Works Director Tiwari, Community Development Director Mulder, Deputy Police Chief Russell, Finance Director Gillespie, Public Works Manager Rohman, Park & Recreation Director Westriek, City Recorder Tennant 0078 ANNOUNCEMENTS. A) Holiday Closures: All City offices will be closed at noon on Monday, December 24, 2001, and will remain closed until December 26, 2001. The Woodburn Aquatic Center will be closed on December 24 and 25, 2001. All City offices will be closed on January 1, 2002 in observance of New Year's Day. B) Spanish Story time: The Woodbum Public Library will hold a Spanish Story time every Saturday morning at 11:30 am during the month of December 2001. C) Tuesday Nights at the Library: The Woodburn Public Library will host this weekly gathering at the Library on Tuesday nights from 6:00 pm to 7:00 pm during the month of December 2001. APPOINTMENTS. Mayor Jennings made the following reappointments/appointments: Park & Recreation Board: Reappointment of Sharon Felix with her term to expire on December 31, 2004. Budget Committee: Reappointment of Bruce Thomas and the appointment of Cindi Vetter with terms expiring on December 31, 2004. Library_ Board: Reappointment of Kay Kuka and Patricia Will with terms expiring on December 31, 2005. Page 1 - Council Meeting Minutes, December 10, 2001 COUNCIL MEETING MINUTES December 10, 2001 TAPE READING NICHOLS/FIGLEY... approve the reappointments/appointments to the Park and Recreation Board, Budget Committee, and Library Board as outlined in the Mayor's letter. The motion passed unanimously. Mayor Jennings stated that he will be delaying appointments to the Planning Commission tmtil after changes have been made to the Zoning Ordinance since the proposed ordinance calls for a reduction in the number of members (9 members to 7 members). 0213 PRESENTATION: WOODBURN DEVELOPMENT ORDINANCE {DRAFT REVISION)_. Community Development Director Mulder stated that it has been a goal of the Council to update the City's zoning ordinance and other related development ordinances. It has been a very involved and intensive process which began approximately 2 ½ years ago. This process was initiated with the creation of a Focus Group which consisted of Councilor Figley, Planning Commissioner Jim Cox, and local Real Estate Broker Dave Christoff. The Focus Group initially worked out a rough draft on the new development ordinance and, once completed, the City Attorney and other staff members began their review to further refine the document by making it internally consistent and following Council policy direction. The proposed ordinance is now ready for public review and it is the intent of the staff to schedule this proposed ordinance for a public hearing before the Planning Commission on January 24, 2002 and, if agreeable by the Council, a public heating before the Council on March 11, 2002. By combining the heating notices, it will minimize the cost in sending the notices to all property owners within the City as required by Measure 56. He stated that the draft ordinance will combine multiple ordinances that are currently in place (zoning, subdivision, access management, landscaping, transportation, and annexation requirements) into one document. In addition, it will incorporate the Transportation System Plan implementation recommendations that were outlined by the consultants that prepared the 1996 Transportation Plan. It was noted that the proposed development ordinance will not incli~de the City's Sign Ordinance since this project will be done after the development ordinance has been adopted. He' stated that the proposed ordinance has been restructured to make the ordinance more modem, internally consistent, clearer, and easier to use. Changes in various state laws, statewide goals, and case law also necessitated the need to make changes to current City ordinances which required additional time to develop the draft ordinance. He stated that there are several chapters in the zoning ordinance that have not been incorporated into the draft development ordinance since they were either deemed unnecessary based on current circumstances or they were inconsistent with recent case law. Changes such as parking standards, landscaping standards, protection of existing trees, open space, etc., were incorporated to reflect policy choices that may achieve a more livable community. He emphasized that only changes that are supported by the City's goals and policies and the Comprehensive Plan are proposed in the draft development ordinance. Adoption of the Page 2 - Council Meeting Minutes, December 10, 2001 COUNCIL MEETING MINUTES December 10, 2001 8A TAPE READING 1153 development ordinance will not require any Comprehensive Plan amendments at this time since the City is in the periodic review process and, as this process gets closer to its completion, there will be proposals for new comprehensive plan amendments which can then be reflected in future updates to the development ordinance. The proposed development ordinance would result in the consolidation and elimination of several of the current land use zones with the emphasis put into upgrading design guidelines and standards that would raise the appearance of development and increasing landscaping standards on property. A new feature of the proposed ordinance is an architectural review requirement and a significant wetlands overlay district. This will involve the establishment of a Design Review Board to review site plan applications involving buildings over 1,000 sq feet in area. The Planning Commission would function as the Board, however, the Council could establish a separate board to serve as the Design Board. The proposed ordinance also provides for the reduction of the Planning Commission from nine members to seven which would be a reasonable change if a Design Review Board is created, thereby reducing the Planning Commission's functions since most of their work now is reviewing site plans. As part of this process, staffwill be updating the current zoning map to reflect the consolidations and eliminations of the different zoning districts. The proposed ordinance also includes dedication and improvement standards for streets, requires all accesses to be connected to a public street, and the standards vary depending upon the functional classification of the street. The only private streets to be allowed will be within manufactured dwelling parks. He stated that a 46-page document was included in the agenda packet which compared the existing zoning ordinance with the proposed development ordinance. Also included in the agenda packet is the complete draft ordinance for Council review. Administrator Brown stated that the draft document is approximately 95% complete, however, it will be fine-tuned over the next few weeks. Once the Planning Commission heating is held, staff will then need to discuss recommended changes to the document with the Commission if additional Changes are prOposed. He encouraged the Council to review the material and contact staff prior to the Planning Commission hearing if they have any questions or concerns on the document. Councilor Figley stated that, as a member of the Focus Group, there was a enormous mount of work done by the Planning staff, City Attorney Shields, Administrator Brown, and the City's consultant Roger Budtke, to prepare this draft ordinance. The role of the Focus Group was to do a reality check, public opinion, and public' policy check of the initial drafts in order to raise questions and make constructive comments. Overall, they were in agreement with the draft document. In her case, she still has issues that would require a comprehensive plan change, however, as a group, they decided they would not make changes to the comprehensive plan at this time. She expressed her opinion that this document is one that is logical, consistent, workable, and basically in line with what she feels is in concert with improving the livability within our community. Page 3 - Council Meeting Minutes, December 10, 2001 TAPE READING COUNCIL MEETING MINUTES December 10, 2001 Councilor McCallum also congratulated those who worked on the proposed ordinance. He stated that one of his key concerns is livability in Woodbum. He also hoped that the lengthy document would be user friendly since there will be many people reviewing the document. Copies of the document will be available at City Hall and the Library for public review. Mayor Jennings encouraged interested citizens to get involve and review the proposed ordinance. He also congratulated the staff in doing a great job in putting together the document. 8A 1535 1602 CONSENT AGENDA. A) approve the City Council minutes of November 26, 2001; B) accept the Planning Commission minutes of November 8, 2001; C) accept the Community Center Planning Committee minutes of November 29, 2001; D) receive the Police Activity report for October 2001; E) accept the claims for the month of November 2001; F) receive the Building Activity report for November 2001; G) receive the Planning Project Status Report dated December 4, 2001; H) receive the report concerning consultant selection for the Water Treatment Facility; I) receive the report concerning the Parallel Westerly Relieving Sewer Interceptor Project; and J) receive the report concerning the Govenunent Law Section election. FIGLEY/SIFUENTEZ... adopt the consent agenda as presented. Mayor Jennings stated that he was glad to see the report on the sewer project since there is a lot of concern from the citizens on the safety of the students crossing the street and walking past the construction site. The motion passed unanimously. COUNCIL BILL 2362 - ORDINANCE GRANTING A CABLE TELEVISION FRANCHISE TO DIRECTLINK OF OREGON, INC. Council Bill 2362 was introduced by Councilor Chadwick. Administrator Brown stated that the revised ordinance, which was distributed to the Council just prior to this meeting, creates a termination for the existing franchise on January 2, 2002 so that there is no question as to which one will prevail after that date. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2362 duly passed with the emergency clause. Page 4 - Council Meeting Minutes, December 10, 2001 COUNCIL MEETING MINUTES December 10, 2001 8A TAPE READING 1722 COUNCIL BILL 2363 - RESOLUTION ELECTING APPLICATION TO THE OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM STATE AND 1778 1810 1840 1900 ~004 LOCAL GOVERNMENT RATE POOL. Councilor Chadwick introduced Council Bill 2363. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2363 duly passed. NO PARKING ZONE ON CLEVELAND STREET. Staff recommended the establishment of a no parking zone on the north side of Cleveland Street between the crosswalk on First Street south to the driveway exit for police department vehicles for the purpose of increasing site visibility when exiting the parking lot. FIGLEY/SIFUENTEZ... approve the establishment of a no parking zone along the north side of Cleveland Street between the crosswalk at First Street and the exit driveway for the Police Department. The motion passed unanimously. LOADING ZONE ON "B" STREET BETWEEN CLEVELAND AND BROADWAY STREETS. FIGLEY/NICHOLS... approve the establishment of a Loading Zone by restricting the parking on both sides of"B" Street between Broadway and Cleveland Streets. The motion passed unanimously. BID #22-17: SALE AND RELOCATION OF A HOUSE. Bids for the sale and relocation of a house located on City property at 828 Parr Road were received from the following bidders: Wes Toran, $501.00; and Emmert International, $500.00. Staff recommended that the bids be rejected and options be re-evaluated at a later date. FIGLEY/SIFUENTEZ .... reject all bids for City bf Woodburn Bid No. 22-17 for sale and relocation of a house. The motion passed unanimously. CANCEI,I,ATION OF SECOND MEETING IN DECEMBER 2001. It was the consensus of the Council to cancel the December 24, 2001 regularly scheduled Council meeting. COUNCIL BILL 2364 - RESOLUTION ENTERING INTO A GRANT AGREEMENT WITH THE STATE OF OREGON FOR A PARA-TRANIST VAN. Councilor Chadwick introduced Council Bill 2364. Recorder Tennant 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 Jennings declared Council Bill 2364 duly passed. Page 5 - Council Meeting Minutes, December 10, 2001 COUNCIL MEETING MINUTES December 10, 2001 8A TAPE READING 2101 GOVERNMENT LAW SECTION ELECTION. Councilor Figley announced that City Attorney Shields was elected as Chair Elect of the Government Law Section of the Oregon State Bar for the year 2002. She stated that Attorney Shields has held a number of officer roles with the Government Law Section of the Oregon State Bar over the past several years. He has proven his competence and his professional expertise as a Government Law specialist in the State of Oregon. The Government Law Section is a statewide group of approximately 500 lawyers engaged in government law practice. She stated that the Council has, over the years, tried to tell Attorney Shields that they respect his abilities and what hehas done for the City and this particular recognition by other government law practitioners indicate just how highly he is thought of by his community and the general legal profession in the State of Oregon. 2225 PLANNING COMMISSION ACTIONS: A) Denial of Site Plan Review 01-09: Request to establish a construction service headquarters consisting of an office and a shop located at 395 Shenandoah Lane. No action was taken by the Council on this Planning Commission decision. 2250 CITY ADMINISTRATOR'S REPORT. A) Drawings of building design (formerly known as Salud Building): Administrator Brown distributed copies of the drawings for the window and door openings on the east and west side of the building. He stated that the contractors will soon bring down the east and west walls of the building and begin reconstruction. The architectural design work was necessary so that the contractor could place the door and window openings in the correct locations. The project is a little ahead of schedule and it is anticipated that the work will be completed by the end of February 2002. The drawings are intended to blend some of the stylistic elements of the old building while at the same time trying to tie the building into the design features of the Chemeketa expansion. It was noted that the City used Chemeketa's architect to do the drawings. He also stated that the actual design construction work will not take place this year, however, the facade improvements will be budgeted for during the next budget cycle. He stated that the drawings show a brick facade, however, the building may end up being a combination of brick and a form of stucco which will cost less than an all brick facade. Additionally, the improvements will need to go through a site review process with the Planning Commission. It was the consensus of the Council to proceed forward utilizing the architectural design as presented. B) Hardcastle Railroad Crossing: Administrator Brown stated that work is scheduled to begin on December 13th and there will be a period of time in which the street will be closed. Page 6 - Council Meeting Minutes, December 10, 2001 COUNCIL MEETING MINUTES December 10, 2001 TAPE READING C) Employee Potluck for Christmas Holidays: Administrator Brown stated that the annual event will be held on Monday, December 17th, in the City Hall Council Chambers. Each employee has been contacted and asked to bring a canned food donation for the Food Bank. The Council is invited to attend this potluck. 2674 MAYOR AND COUNCIL REPORTS. Councilor Nichols thanked the Public Works Department for fixing the hole on Boones Ferry Road. He also invited the public to attend a Christmas program at the Church of the Nazarene, located at Hwy. 219 and Willow Avenue, on December 16t~ and December 17t~. He also wished the Woodbu3n citizens a Merry Christmas and a Happy New Year. Councilor Figley also wished the citizens of the community a Merry Christmas and Happy New Year. On behalf of Woodbum Together, Councilor McCallum thanked the City Administrator, Mayor, and the City the allowing Woodburn Together to use the City Council Chambers for the public forum on Modem Threats. He also thanked Police Chief Null for his participation and help in putting together the program. Even though there were not many people in attendance, it is hoped that the citizens will be able to view it on WCAT. He also stated that he had participated in the Downtown Tree Lighting ceremony last Saturday night which included great music and the participants had a lot of tim. In regards to food banks, he stated that food drives have been conducted over the last 3 Saturdays by different organizations - Woodburn High School, Scouts, and the Woodburn Fire District. There is a great need in the community for food supplies and he congratulated those who have been going after that need. He also reminded the public that Love Santa is another food and gift project that will involve distributions to needy families later this month. He wished the citizens a Merry Christmas and HapPy New Year or whatever holiday they observe at this time. Councilor Sifuentez invited the public to the celebrations at St. Luke's which will begin on December 12th with our Lady of Guadulupe celebration and on December 16t~ with the start of the Posada's for the next 9 days. These are cultural events, however, the public is invited to attend these celebrations at St. Luke's Rubis Hall. She congratulated Attorney Shields for his election as Chair Elect of the Government Law Section of the Oregon State Bar. She also expressed her wish that the citizens in our community would have a Merry Christmas and the hope that they have a great year in 2002. Councilor Chadwick reported that the annual RSVP Recognition Dinner was held last Saturday afternoon in which 136 active volunteers were present for the program in addition to the Advisory Board members. She stated that there were 504 volunteers that actively served during the last fiscal year with the average age of volunteers being 75. During that time period, the volunteers worked 74,808 hours for various non-profit organizations within our community. Page 7 - Council Meeting Minutes, December 10, 2001 8A TAPE READING 3353 3395 3409 COUNCIL MEETING MINUTES December 10, 2001 Mayor Jennings thanked Park & Recreation Director Westxick, Events Manager Kezia Merwin, and Administrator Brown for their efforts in putting together the Downtown Tree Lighting ceremony. He suggested that next year a better sound system be used at this event. He also encouraged the public to attend the Nazarene Church's Christmas program. EXECUTIVE SESSION. Mayor Jennings entertained a motion to adjourn to executive session under the authority of ORS 192.660(1)(h), ORS 192.660(1)(f) and ORS 192.660(1)(e): FIGLEY/NICItOLS .... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 7:55 p.m. and reconvened at 8:40 p.m.. Mayor Jennings stated that no decisions were made in executive session. ADJOURNMENT. FIGLEY/NICHOLS... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:41 p.m.. 8A APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, December 10, 2001 1r y Executive Session COUNCIL MEETING MINUTES December 10, 2001 8A DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, DECEMBER 10, 2001. CONVENED. The Council met in executive session at 8:00 p.m. with Mayor Jennings presiding. ROLL CALL. Mayor Jennings Present Councilor Bj elland Absent Councilor Chadwick Present Councilor Figley Present Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Mayor Jennings reminded the Councilors, staff, and press that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Brown, City Attorney Shields, City Recorder Tennant, Public Works Director Tiwari (8:00 pm until 8:14 pm) Press Present: Tara McClain, Statesman-Journal The executive session was called under the following statutory authority: (1) ORS 192.660(1)(e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions; (2) ORS 192.660 (1)(h) to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed; and (3) ORS 192.660(1)(f) to consider records that are exempt by law from public inspection. ADJOURNMENT. The executive session adjourned at 8:39 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 1 - Council Executive Session Minutes, December 10, 2001 ! SPECIAL COUNCIL MEETING MINUTES DECEMBER 19, 2001 8A TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, DECEMBER 19, 2001. CONVENED. The special session convened at 4:30 p.m. with Mayor Jennings presiding. The purpose of the meeting was to consider approval of a revised order of procedure in Site Plan Review Condition Modification Application No. 01-10, and to hold an executive session. 0020 0060 ROLL CALL. Mayor Jennings Present Councilor Bj elland Present Councilor Chadwick Present Councilor Figley Present Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Staff Present: City Administrator Brown, City Attorney Shields, City Recorder REVISED ORDER OF PROCEDURE IN SITE PLAN REVIEW CONDITION MODIFICATION APPLICATION NO. 01-10. Administrator Brown stated that at the public hearing held last month, it resulted in the City and applicant trying to negotiate a mutually agreeable circumstance around the improvement of Arney Lane. Staff has been discussing this issue with the applicant and are in the process of exploring options that may result in a compromise agreement. At the public hearing, a schedule was established in which staff would submit a staff report by December 17th, the date would be left open for additional evidence until January 4, 2002, and the hearing would be continued until January il 4, 2002. Staff had requested the applicant to give staff an additional two weeks to work on this issue, and to try and come to a compromise which would then be reflected in the staff report. The applicant has agreed to this extension and the Council is requested to approve the revised order of procedure since the Council had approved an order of procedure at the public hearing. Under the revised order, the public hearing will be continued to January 28, 2002, the staff report is due on December 31, 2002, new evidence may be submitted until January 18, 2002, and the applicant has agreed to extend the 120-day provision in ORS Chapter 227 until February 15, 2002 at 5:00 p.m.. FIGLEY/NICHOLS .... approve the revised order of procedure in Site Plan Review Condition Modification Application No. 01-10 which consists of: A) The public hearing will be continued until January 28, 2002; B) The next staff report is due on December 31, 2002; Page 1 - Special Council Meeting Minutes, December 19, 2001 SPECIAL COUNCIL MEETING MINUTES DECEMBER 19, 2001 TAPE READING C) New evidence regarding the application may be submitted until January 18, 2002; D) The applicant extended the 120-day provision in ORS Chapter 227 until February 15, 2002 at 5:00 p.m.. Administrator Brown stated that the agenda for January 14, 2002 will include the item for this public hearing since it had been originally continued to January 14th, however, the Council will need to continue the hearing to January 28th. The motion to approve the revised order passed unanimously. 0279 CITY ADMINISTRATOR'S .REPORT. ~ A) Letter to Marion County Sheriff'. Administrator Brown distributed copies of a letter from Police Chief Null to the Sheriff expressing his concerns towards the potential closing of the sheriff's operation portion of the sub-station. This is one of the items targeted under the list of potential cuts by the Sheriff as Marion County tries to deal with their budget shortfall this year. He summarized the Chief's letter which expressed the City's belief that the Sheriff's sub-station is advantageous to the community and that it would be a poor action for the County Commissioners to take at this time. Administrator Brown stated that he will write a similar letter to the County Commissioners on behalf of the Council to share their concerns with the Commissioners and ask that the closure of the sub-station not take place. It was the consensus of the Council to allow the City Administrator to send a letter to the County Commissioners. B) Signage at Hillyer's Ford: Administrator Brown briefly reviewed this issue involving a previous court order which provided for all 3 of the car dealerships in the interchange area to have signs that exceeded the square footage allowed in City's ordinance. Since the City lost the case based on a technicality regarding the City's addressing the application within 120 days, no decision was made by the court on the square footage issue. As a result, each dealership was allowed a ~ign up to 150 square foot in size. In this case, Hillyer's Ford is looking to change its sign in looks but it will still be within the 150 square feet limit. The Planning Department's initial reaction was that it would require a variance under the sign code, but, just before it was to go before the Planning Commission, the applicant withdrew the application and chose to take it to court instead. Based on the consensus the staff heard in executive session, staff will take the approach that there is no City involvement necessary at this time to change that particular sign to a different sign at the same location within the 150 square foot maximum size as allowed under the original order. This will be handled administratively and, as a result, the applicant's attomey will dismiss this case in court. This will require a stipulated agreement between the dealer and the City and he will execute the stipulated agreement on behalf of the City. The case was also joined by Miles Chevrolet and, in their case, they would be reserving their right to install a 150 square foot sign at some point in the Page 2 - Special Council Meeting Minutes, December 19, 2001 8A SPECIAL COUNCIL MEETING MINUTES DECEMBER 19, 2001 8A TAPE READING future and this will also be in the stipulated agreement. He stated that he will be bringing back to the Council for review on the Consent Agenda for January 14, 2002, the stipulated agreement that he would execute. If there are major difficulties with the stipulated agreement, it will be brought back to the Council as a business item so that appropriate action can be taken. 0605 EXECUTIVE SESSION. Mayor Jennings entertained a motion to adjourn into executive session under the authority of ORS 192.660(1)(0 and ORS 192.660(1)(h). FIGLEY/NICHOLS...adjoum to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The meeting adjourned to executive session at 4:44 p.m. and reconvened at 5:44 p.m.. 0667 Mayor Jennings stated that no decisions were made by the Council in the executive session. 0680 ADJOURNMENT. NICHOLS/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 6:45 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 3 - Special Council Meeting Minutes, December 19, 2001 Executive Session COUNCIL MEETING MINUTES December 19, 2001 8A DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, DECEMBER 19, 2001. CONVENED. The Council met in executive session at 4:46 p.m. with Mayor Jennings presiding. ROLL CALL. Mayor Jennings Present Councilor Bj el land Present Councilor Chadwick Present Councilor Figley Present Councilor McCallum ~Present Councilor Nichols Present Councilor Sifuentez Present Mayor Jennings reminded the Councilors, staff, and press that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Brown, City Attorney Shields, City Recorder Tennant Press Present: Tara McClain, Statesman-Journal The executive session was called under the following statutory authority: (1) ORS 192.660(1)(0 to consider records that are exempt by law from public inspection; and (2) ORS 192.660 (1)(h) to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed. ADJOURNMENT. The executive session adjourned at 5:42 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - Council Executive Session Minutes, December 19, 2001 WOODBURN PLANNING COMMISSION November 29, 2001 CONVENED The Planning Commission met in a special session at 7:00 p.m. with Chairperson Young presiding. ROLL CALL Chairperson Young P Vice Chairperson Cox P Commissioner Fletcher P Commissioner Lima A Commissioner Mill P Commissioner Bandelow P Commissioner Lonergan P Staff Present: Jim Mulder, Community Development Director Scoff Clark, Assistant Planner Deniece Won, Assistant City Attorney Chairperson Young provided an opening statement for the Public Hearing. MINUTES A. Minutes of November 8, 2001 Planning Commission Meeting Vi~c.e Chairperson Cox moved to accept the minutes as distributed. Commissioner Loner.qan seconded the motion, which carried. BUSINESS FROM THE AUDIENCE None COMMUNICATIONS A._~. City Council Workshop Minutes of October t5, 2001 B__~. City Council Mi'nutes of October 22, 2001 PUBLIC HEARING A___=. Site Plan Review 01-09, request to establish a contractors office and storage yard located at 395 Shenandoah Lane, Tim Kerr, applicant. Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report. Staff reported there are some access situations that have not been resolved between the applicant and the City. He stated it is the City's determination that they have not met sbbstantial standards as part of this proposal and therefore, Staff recommended denial of this project. Staff also noted the Final Order may be signed tonight if the Commission concurs with the Staff Report. Vice Chairperson Cox requested clarification as to the location of the three homes located along the driveway that extends beyond Shenandoah. Additionally, he questioned if the location of those three properties is outside the City limits? Staff pointed the location of these homes on the map. He stated the homes are outside the City limits but within the Urban Growth Boundaries. Vice Chairperson Cox also asked who owns the underlying title of the driveway? Planning Commission Meeting - November 29, 2001 Page I of 10 Staff replied it is owned by the applicant. Staff added the reason the Commission was provided with a Final Order tonight was because we are bumping up against the 120-day rule. Assuming a potential appeal of this item, the 120-day deadline is January 24, 2002 and in order to meet the appeal period, notice to the Council and Council Hearing on the matter, a Final Order would need to be adopted no later than December 6, 2001. Staff indicated it is the Commission's discretion whether they want to adopt the order tonight or next Thursday night at another special meeting. EX-PARTE CONTACTS Commissioner Bandelow reported she is familiar with the property and there is no bias on her part but stated the real estate office she works for has a listing in that area. She indicated she is not personally acquainted with the property owner. Vice Chairperson Cox stated he drove out to the site and down the lane and took a look at the existing yard with the equipment just for the purpose of understanding the lay of the land. Chairperson Younq reported he also drove around the site. Commissioner Loner.qan indicated he too is familiar with the property and area. Commissioner Mill stated he knows the area from working in the city a number of years ago. TESTIMONY BY THE APPLICANT Mimi Doukas, Land Use Planner, WRG Desi.qn, Inc., 5415 SW West.qate Drive, Suite 100, Portland, OR 97221 reported Chds Bremer from Kittelson & Associates, Traffic Consultants and Steve Morasch with Schwabe, Williams and Wyatt are also present tonight. She provided a bdef history of the site and indicated Kerr Contractors purchased the site and did in fact store equipment on the property and were notified that this was in violation of Woodburn code. They began to try to work through bringing it up to code and submitted a Site Plan application for a pole barn which would allow for storage of the equipment. Ms. Doukas further explained through this process, it was brought up that they in fact had access issues according to Staff. She stated they went back and forth with Staff trying to work through this issue and time was passing. It was indicated by Ms. Doukas that Staff told them they would work with them to reach some resolution on this issue. Ultimately Kerr Contractors did not want to construct a pole barn but really wanted to construct the site plan that is before the Commission tonight. She stated in order to stay on track for summer construction they went ahead and replaced the application for the pole barn with the application that is before the Commission tonight which would basically follow the same schedule. Ms. Doukas remarked this was based on a good faith understanding, they thought, with Staff to resolve the transportation issue. The information that came back from Staff, which was deemed a compromise, was that they could provide a 28 foot wide street within a 50 foot right-of-way for Shenandoah Lane which would basically eliminate the on-street parking. She informed this still required right-of-way dedication on property that Kerr Contractors did not own and therefore, this compromise did not help them in the slightest to get past the access issues raised by Staff. It was further reported by Ms. Doukas during this whole process Kerr Contractors was in negotiations with the property owner to the north of Shenandoah Lane and were able to negotiate a two acre tract of land on the western side of that property and that will allow them to address some of the concerns addressed by Staff. This will enable them to dedicate additional property where the 20 foot wide private flag stem to the property is located and so they will be able to construct a 24 foot wide street from Front St. all the way to the front door of the office building. Ms. Doukas stated this meets fire codes and meets what Kittelson is saying is necessary for a functional street system. Additionally, they would be able to provide a turnaround or at least turn the corner at the end of Shenandoah Lane. She commented this resolves some of the issues but are still unable to dedicate additional right-of-way adjacent to Shenandoah Lane because they do not have frontage to it and it is out of their hands. Ms. Doukas said typically dedications occur along the property frontage. She remarked they have done what they possible can. Vice Chairperson Cox asked Staff if the proposal shown by Ms. Doukas for acquiring additional property along Planning Commission Meeting - November 29, 2001 Page 2 of 10 8B the driveway is part of the application or is it something that has come up in the last few days? Staff answered this is something new. Mimi Doukas interjected they did discuss this with Staff approximately a week and a half ago but were told that the right-of-way dedication along Shenandoah was still a major barrier and they were still facing denial. She stated the discussion at that point did not go any further than that. Vice Chairperson Cox commented it is very unfair of the applicant when they are under a very tight deadline to come in with what is essentially a substantial modification of the plan on the evening of the meeting and expect the Commission to evaluate it without, as far as he knows, having any input from Staff on what changes if any of this would make on Staff's position. Staff remarked he met with representatives of the applicant and indicated that the possibility of the applicant obtaining additional property and widening the driveway was introduced just in concept and was told that they were pursuing the possibility of doing it. He stated at that point he requested if they would grant an extension, Staff could take the time to review that but they were not willing to do that. Commissioner Mill inquired what is the condition of sale on the property;at this point in time? Mimi Doukas answered there is an option agreement on the property. Therefore, the applicant has the ability to acquire the property. She explained this is not additional evidence but they are trying to show that they could comply with conditions of approval. Ms. Doukas further stated as long as Kerr Contractors decides to purchase the property within the stipulated time frame, they have the ability to acquire that property. Deniece Won interjected she differed with the applicant's representative and stated the information that is being offered is facts and it is evidence. She indicated the Commission can accept or reject evidence but she advised the Commission they ought to accept evidence that is relevant to the approval criteria. Additionally, she commented the issue is really whether you can get a decision made in the time frame and one of the constraints is the applicant's unwillingness to agree to an extension prior to this hearing. She strongly advised the Commission to accept the applicant's evidence if the applicant would be willing to extend the 120- days to allow the Commission to evaluate it. Steve Morasch, Attorney, Schwabe, Williamson & Wyatt, P.C., 1211 SW Fifth Ave., Suite 1700, Portland, OR 97304 reported he represents the applicant. He explained the reason the applicant is not in the position tu extend the 120-day period is that the option agreement, which is legally binding on that piece of property, expires December 23'~ and the property owner has indicated that they are not willing to extend that agreement. Mr. Morasch further stated his client will not purchase that property without first knowing whether or not the application can be approved because they do not wish to purchase two acres of property that they would not need if this application is not approved. He remarked Staff has known that they were in the process of negotiating for this property for quite some time. Commissioner Bandelow inquired what date did they enter into that option agreement? Steve Morasch replied they have had the option for about six months and it has been extended twice. Commissioner Mill commented this information was not reflected in the application. Steve Morasch responded he is not aware whether that information was reflected in the application or not and he interjected he does not think it is particularly relevant whether it is reflected. He stated it was discussed with Staff and it is not, in fact, new evidence and all it shows is that it is possible to feasibly comply with conditions. He added these conditions are unconstitutional and unlawful. However, his client has made herculean efforts to comply with the City's unlawful demands and has agreed to pave to 24 feet the entire right-of-way. Additionally, the applicant has gone out and negotiated to purchase two acres of land that it Planning Commission Meeting - November 29, 2001 Page 3 of 10 8B does not need, to dedicate further right-of-way, has attempted to purchase even further land, beyond that and was unable to secure a deal with the property owner because the property owner has been unwilling to sell them a strip of land to widen the road. Commissioner Mill asked Staff when were they first aware of this two acre parcel being available to the applicant? Staff responded he was only aware of it at a meeting a 1 ~ weeks ago. He stated Mr. Clark has been the planner on the project and he indicated that outside of just conceptually talking about the potential of obtaining other property, this specific proposal was not indicated to Staff previous to that. Vice Chairperson Cox also questioned if a copy of the option or anything specific was delivered to the Planning Division or anything said that they had an option on the property? Staff replied it was just discussed conceptually at this point. A copy of what is being presented tonight was not received by the Planning Division. Vice Chairperson Cox asked Mr. Morasch about how long has his client owned the 11 acre property? Steve Morasch responded his client has owned the approximately 11 acre property for about 18 months. He informed the Commission that his client had discussed with Naomi Zwerdling that they had an option on this property about 4-5 months ago. Commissioner Mill commented if we take a look at the total length of Shenandoah Lane plus the proposed access, he still sees a portion of that lane that is still 24 feet and can not be widened because the applicant has no control over the adjacent property. Staff replied affirmatively. He explained the property to the east where it intersects will not be improved. Additionally, he commented the reality is that this was not included in the applicant's application materials that are before the Commission and there is nothing to indicate that they have the ability to do this. Staff further remarked the applicant provided their own analysis by their planner of the approval criteria and that analysis did not indicate that they had the potential to meet the requirements. Deniece Won added Staff has recommended denial of the application and has not made any conditions of approval to assure that the criteda is satisfied. She indicated you need to demonstrate both feasibility and likelihood that they will be complied with if the Commission did impose conditions of approval. Commissioner Mill indicated he does not understand why the copy of the option was not submitted because it would have made an extreme impact on the case, even for approval. Steve Morasch responded they do not believe that they are legally required to widen this private section of the driveway. They submitted an application satisfying the criteria and in an effort to address some of the City's concerns which they do not believe are valid, they have now offered to exercise their option and do further widening along the private portion of Shenandoah. He made reference to the issues outlined in the letter he faxed to the Planning Division today, which the Commission already has been provided copies off. Mr. Morasch indicated the three homes that are sitting on lots that are Comprehensive Planned for industrial uses which will make them non-conforming when they are annexed into the Urban Growth Boundary because houses are not allowed in an industrial zone. He commented the Transportation System Plan can not apply to this application because this is an application for a limited land use decision under ORS Chapter 197 and ORS 197.195.1 states that if any provision of a plan such as'a Comprehensive Plan or a Transportation System Plan is to be imposed as a criteria for approval of a limited land use decision, that must be incorporated into the zoning code in order to be applied in a limited land use decision. Secondly, he stated by it's own terms the Transportation System Plan would not apply because the plan has limited right-of-way standards for streets and commented the plan quite clearly states that these standards are to be applied for Planning Commission Meeting - November 29, 2001 Page 4 of 10 8B new roads only. Mr. Morasch also reported Staff has not told the Commission of this and did not include this in the Staff Report despite the fact that he informed them of such more than a month ago. He stated even if the Transportation Plan were to apply, which it does not because this is a limited land use decision, by it's own terms it states they do not have to fix the City's existing streets and they only have to comply to those standards if they were creating a new street. Additionally, he referred to Section 8.010 of the Woodburn Zoning Code also does not apply to an application for Site Plan Review and also applies to new streets only. Section 10.070e is a section that does not apply as well because by the terms of this code, they already have an existing entrance. He indicated Staff has not pointed to any code requirement that applies to this that would be a justification for denial. Similarly, 10.080d-I standard does not apply either because this is an application for an industrial use and not for a residential application and they are not putting in any more dwelling units. In closing, Mr. Morasch reported the first time they heard these standards were applicable to them was when they received the Staff Report a few days before Thanksgiving and Staff never mentioned any of these in any of the meetings. There was reference made to the Dolan rule and the equal protection clause, by Mr. Morasch. Commissioner Bandelow inquired if any one checked with the City on the feasibility of building on the site and what the City requirements were at that point? Steve Morasch replied his clients spoke with Scott Clark before they bought the property and they asked him about zoning issues and he never informed them that there would be any access problems. Commissioner Bandelow further questioned if nobody asked any questions about anything other than whether the zoning was correct? Steve Morasch answered they asked him the use and whether there were any land use issues. Commissioner Bandelow could not understand that someone would purchase a piece of property for a project this large and does not check all of these issues. Steve Morasch interjected this is a defense the City could raise in court if the City wants to. He indicated he does not think the City would get that far because due diligence or not due diligence is not a defense to a constitutional action. Mr. Morasch stated it is perfectly reasonable that an applicant contacts the Planning Division and ask what the zoning is and whether the property would be allowed for a particular use and expect that if there is some hidden problem like access, the Planning Division would let them know about that. Commissioner Bandelow commented access is not a hidden problem and it is public record. Steve Morasch said it is a hidden problem when you have a public street and you have access and existing access on a publicly dedicated street. Brad Kerr, President, Kerr Contractors explained they told the Planning Division a year ago that they did not want to be a bad neighbor and they would sell the property at thatipoint if they thought this access issue was going to continue and could not be worked out. He stated they SPecifically said that they were not going to purchase any more right-of-way because it was not feasible for them to obtain a right-of-way. Mr. Kerr indicated at that time Staff led them to believe that they could work it out and it would not be an issue. He said they led them down the path to spend $30,000 on the current site plan and it was a real shock to them when they came back and still required Shenandoah to be widened. He further stated not only did they do due diligence but they gave the City an out. Vice Chairperson Cox remarked the City told them they needed to come in with a site development plan. Brad Kerr stated they did not think that storing the equipment there would require a site plan. However, when Staff informed them that they did need a site plan, they immediately started the process. Planning Commission Meeting - November 29, 2001 Page 5 of 10 Vice Chairperson Cox commented he does not want the Commission to be in a position where they have to somehow decipher and decide what was said 18 months ago when they bought the property. He indicated he thought it might be irrelevant but if it is relevant it is terdbly unfair to try to go into it at this type of a hearing. Steve Morasch agreed with Vice Chairperson Cox that it is not relevant to the approval criteria nor to the constitutional issues. Chairperson Younq said the parking seems to be inadequate with what the requirements are. Steve Morasch reported they are prepared to make some minor changes or accept the conditions that would make the property comply with the parking requirements as set forth in the Staff Report. Mimi Doukas interjected they have plenty of space on the site to try to resolve that and will not substantially change the application. She stated it may also be dealt with a condition of approval with Staff's wording and they can work through the technical side of that when they apply for building permits. Chairperson Young referred to the parking on the gravel area that is shown south of the shop where the parking is required to be paved and is short one ADA parking space. Mimi Doukas stated that is Federal law and they will certainly add an accessible parking stall. She said they would probably move the seven stalls up to the front of the office building and those would remain part of the asphalt work yard/loading area. Ms. Doukas referred to the site plan dated August 20, 2001 and reported the area is listed as an asphalt work yard. She indicated the parking stalls could be asphalt within the gravel work yard. Therefore, they could remain where they are currently located and there would be just a surface change to comply with the site development requirements. Chairperson Youn,q asked Staff if this changes the site plan from what was presented to the Planning Commission? Staff replied he could not really answer that until he sees what the applicant is proposing to change. He commented making the gravel into asphalt is not a significant change on the site plan. However, any time they are going to relocate or add more parking stalls that will affect the site plan, they need to see a revised site plan to determine if it is a significant change or not. Mimi Doukas explained the seven stalls is an immaterial issue because that is asphalt and there is no relocation of stalls. She indicated that she would be surprised that the addition of two parking stalls is a substantial change. Vice Chairperson Cox remarked this situation presents the same issue that is presented by the plan to acquire additional property and widening the lane. He expressed concerns that these are all things that are coming forward at the hearing last minute that are not included in the application or Staff Report. Additionally, he stated the applicant seems to be saying that it is up to the Corqmission to impose whatever conditions to approve their application and he believes that misstates the Commission's role. Vice Chairperson Cox remarked the Commission may impose conditions if they choose but he does not think they are required to craft and make conditions so that the Commission can grant the approval. He felt it is the applicant's job to present an application that complies and not the Commission's job to condition it. Deniece Won commented Vice Chairperson Cox is correct in his statement. Steve Morasch interjected both Vice Chairperson Cox and Assistant City Attorney Won are incorrect and he quoted ORS 197.522 which states "If an application can be approved with the imposition of reasonable conditions, that the City must approve the application and impose the conditions." He referred to the parking stall issue and stated his client had a discussion with Staff about the work area and the resolution was they pave the parking stalls but leave the work area as gravel. He further explained that originally the whole area 8B Planning Commission Meeting - November 29, 2001 Page 6 of I0 was going to be asphalt and they realized that would be a problem because of the type of equipment they would be using in that work area would tear the asphalt up. It was pointed out by Mr. Morasch that these types of conditions are not that difficult to draw up. Commissioner Mill requested Mr. Morasch explain things in laymen terms to specifically aid him and his fellow Commissioners in being able to interpret the information and apply it. Steve Morasch reported that every Statute cited by him was in a letter that he sent to the City Attorney 1 ¼ months ago and does not know why the City Attorney did not advise Planning Staff regarding these issues. He summarized the language of the statute and explained in 1999 Legislature passed a statute that states the only time the City can deny an application even with the imposing of conditions and it still does not meet the criteria then the City can deny. However, the statute states the City can not just make a choice to look at an application and deny it because the City does not want to impose a condition. Commissioner Mill also requested Mr. Morasch explain how he is applying the Dolan rule to this situation. Steve Morasch explained his first part of the argument is assuming the applicant were able to widen all the way out to Front St to whatever the City wants to widen it, under the Dolan rule the dedications and costs of doing the street improvement have to be put on a scale with the traffic impacts that are going to be caused by the proposed development. He said that scale has to balance out with what the courts called "rough proportionality". He thought there is no rough proportionality with the type of dedications and street improvements that it would require to do everything that the Public Works Department wants done in this case based on the amount of traffic that this proposed use is going to generate. Secondly, he said basically the City is asking them to correct an existing deficiency with the City's road and Dolan states you have to look at the impact caused by the application and you can not make somebody correct something that is a preexisting deficiency that needs to be corrected by the City as a whole. Mr. Morasch's second part of the argument was that if you never imposed a condition, how could you violate Dolan because Dolan only applies when you impose this condition that is not roughly proportional. The 8~ Circuit Court of Appeals and the Oregon Court states if a City denies an application because the applicant can't or won't agree to a dedication, that is the same thing as conditioning it on that dedication as far as the constitution is concerned and you still have to address the Dolan issue which could be resolved in court. Vice Chairperson Cox pointed out there is currently no access along Shenandoah being taken by the property owners on either side. TO the south there is a large industrial building until you get right up to the corner where there is one single family dwelling and industrial buildings. Commissioner Fletcher requested Mr. Morasch summarize the City's potential violation of the equal protection clause. Steve Morasch commented under equal protection the decision can not be arbitrary and capricious. He stated to say improve up to Shenandoah but not any further is arbitrary. Secondly, if the City is issuing other people permits and they access off a street that is substandard but yet they are going to make his client fix the street, they are treating them differently than other people which is a violation of the equal protection clause. TESTIMONY BY PROPONENTS None TESTIMONY BY OPPONENTS None Chairperson Youn.q asked the applicant if they had any final comments before he closed the Public Hearing? Steve Morasch reported they will waive their 7-day right to ask for an extension and they also have a 7-day right under Statute to ask for the final ability to submit written argument, which they will also waive. Planning Commission Meeting - November 29, 2001 Page 7 of 10 8B DISCUSSION Chairperson Young closed the Public Hearing and opened discussion to the Planning Commission. Vice Chairperson Cox believed that is a groat use for the property because it is zoned properly and would be a nice business to have in the community. On the other hand, he believed just as a matter of common sense that means of access, even if improved to the standard that is proposed by the applicant in their application, is still going to be really inadequate for the kind of access that they are taking. He expressed his opinion that the road is simply insufficient to adequately and safely handle the kind of use that it is going to be put through under the applicant's proposal. Additionally, Vice Chairperson Cox commented the Planning Commission took an oath that they would enforce the laws, which are in place for the public good. He indicated some of the problems with this application might be resolved through a Variance. The Commission has to enforce the code as it is written and the applicant can not ask the Commission to craft conditions to get around the problems. He said the applicant has not exhausted their own administrative remedies if they have a remedy available of filing a Variance and have chosen not to do so and instead have threatened to sue the City for multi-million dollars. Vice Chairperson Cox also stated, for the record, he believes the Commission should accept the proposed exhibit showing the additional acreage but that does not get around the problem that the applicant is basically asking the Commission to do design work and craft conditions at a public hearing by lay planning commissioners who are not engineers or planners and who have not had a chance to work this through. In closing, he indicated although he likes the use, there aro aspects of the Ordinance that are not met by this application and the applicant did not file for a Variance asking the Commission to waive those requirements. He stated he will vote No on this project. Commissioner Bandelow agreed with Vice Chairperson Cox. She stated she will also have to vote to deny the application because she does not feel the Commission can change the City's criteria because of the property owner's inability to secure the right-of-way at this time. Commissioner Bandelow further remarked she would rather have seen an extension and the two try to work together to see what could be done about the right-of-way or perhaps a Vadance or some kind of a compromise. At this point, the Commission is being asked to judge this as it stands as an application. She pointed out that the City does require off-street improvements and this is not the first project that has been asked to do that kind of thing. Commissioner Bandelow said she will have to recommend denial of the application as the application stands and with the roadway being inadequate. Commissioner Mill concurred with his fellow commissioners. However, he stated the fact of the matter is that Mr. Morasch has asked the Commission to craft new conditions and in essence, by implementation, probably create new ordinances or amendments to ordinances, which is not the Commission's job. The application as presented does not meet the access issues. He commented nobody has a disagreement as far as the Site Plan because it is a good plan and building and it looks like a very appropriate use. He hoped the applicant and the City can eventually resolve it and eventually the project can be built. It was noted by Commissioner Mill that without a Variance, it makes it really hard for the Commission to do what in effect the applicant is trying to ask them to do and therefore, he will have to vote for denial of the project. Commissioner Fletcher inquired whether it would be appropriate!to ask the Assistant City Attorney for some sort of response to the potential violation of the equal protection if the Commission were to vote No on the application, the Dolan rule and the Public Works Department unlawful demands? Commissioner Loner,qan interjected he is not sure that it is fair to get a legal opinion right now when we have received an 8-paged letter and we really have not had time to digest this information that contains a lot of threats and very subjective interpretations. He stated he is uncomfortable in obtaining a statement now that we might be stuck with without due time and an opportunity to do a due diligence. Commissioner Fletcher asked if this is the first Staff has seen of the letter? Deniece Won answered affirmatively. She reported the letter was faxed to us and received at 4 p.m. this afternoon. She stated for the record that the City Attorney's office did receive the letter that Mr. Morasch Planning Commixsion Meeting - November 29, 2001 Page 8 of 10 mentioned that he had sent to the City Attorney roughly three weeks ago. She indicated Mr. Morasch implied that perhaps the City Attorney's office had not responded to it nor advised Staff about that. Ms. Won clarified that inference is not correct and said a letter was sent back to Mr. Morasch indicating that the application was in the process of being reviewed and it probably was not appropriate during that process to respond to his point by point legal issues. Additionally, she stated Staff was given advise as they developed the Staff Report. She agreed with Commissioner Lonergan in that it is not appropriate to respond off the top of her head on a number of very complex and difficult legal issues. Ms. Won communicated they have looked at it and they felt, on the surface of it, comfortable with the recommendation that the Planning Director has given. Commissioner Fletcher withdrew his question. Vice Chairperson Cox commented he would not be comfortable, at this point, approving the Final Order as written, if the Commission votes to deny the application. He remarked there may have been some additional points that came up tonight and maybe the findings need to be fine tuned before the Final Order is signed. Deniece Won commented she had a conversation with the Planning Director about that because the letter received this afternoon from Mr. Morasch is basically legal argument and she believed we are not obligated to respond to legal argument in our Final Order. However, we are obligated to respond in our Order concerning new issues and evidence presented. Ms. Won suggested the additional piece of evidence that the applicant has the ability to acquire the property should be included. Staff agreed that is the only additional piece of evidence that has been provided. He clarified the applicant has not submitted the actual documents but they have indicated they have that ability. Staff stated this may be taken into consideration by the Commission if they think that is germane to put that into the findings in some form. However, he does not believe that at this point it changes anything because the Commission is more or less forced to take action because the applicant will not allow for an extension to consider this new evidence. Additionally, he said the Commission could continue this meeting to next Thursday if they would like Staff to add anything else as far as findings. He commented he does not think that is necessary at this point. Vice Chairperson Cox inquired if the Final Order should reflect the fact that this new proposal for the new property acquisition along the road was part of the record. He stated it should be addressed somehow in the Final Order. Deniece Won commented Mr. Morasch made an issue that they acquired the property just to show that they could develop the right-of-way as wide as they wanted it but they believed they were not obligated to under Dolan law and essentially challenging the constitutionality of a condition if you did improve it. She commented with the two-prongs of a condition needing to show feasibility and likelihood, she questioned whether in the Commission's mind the applicant met the likelihood prong even if they met the feasibility prong. Furthermore, even if the new piece of evidence answers the criteda for the width of the driveway, you still have one criterion related to the width of the road that is not satisfied in any way by the new evidence. Vice Chairperson Cox said he would like for the Commission to take a vote and request Staff prepare findings to be adopted at a special meeting. All of the Commissioner's agreed with Vice Chairperson Cox and stated they will be available for the special meeting to take place next Thursday, December 6th. Vice Chairperson Cox moved to deny the application and request Staff to bring forward at the next special meeting proposed findings and Final Order in conformance with the views expressed by the members of the Planning Commission tonight. Commissioner Bandelow seconded the motion. Motion unanimously carried. Vice Chairperson Cox hoped something could be resolved shod of heading down a confrontational path on this, 8B Planning Commission Meeting - November 29, 2001 Page 9 of 10 ITEMS FOR ACTION None DISCUSSION ITEMS None REPORTS A_: Planning Project Tracking Sheet (revised 11-13-01) BUSINESS FROM THE COMMISSION Staff announced that Larry Grosjacques is the newly appointed Planning Commissioner and will be here at the next regularly scheduled meeting on December 13th. ADJOURNMENT Commissioner Mill moved to adjourn the meeting. at 8:47 p.m. Motion was seconded and carried. Meeting adjourned ATTEST Ji~ I)}luider, Cbr~munity Development Director C~I~ of Woodburn, Oregon Date Planning Commission Meeting - November 29, 2001 PagelOof 10 WOODBURN PLANNING COMMISSION December 6, 2001 CONVENED The Planning Commission met in a special session at 7:00 p.m. with Chairperson Young presiding. ROLL CALL Chairperson Young P Vice Chairperson Cox P Commissioner Fletcher P Commissioner Lima A Commissioner Mill P Commissioner Bandelow P Commissioner Lonergan A Staff Present: Jim Mulder, Community Development Director 8B MINUTES A__~. Minutes of the November 29, 2001 Planning Commission Meeting will be available at the next re.qularly scheduled meeting. BUSINESS FROM THE AUDIENCE None COMMUNICATIONS None PUBLIC HEARING None ITEMS FOR ACTION A.~. Final Order for Site Plan Review 01-09, request to establish a contractors office and storage yard located at 395 Shenandoah Lane, Tim Kerr, applicant. Vice Chairperson Cox reported he has already talked to Planning Staff and City Attorney and they concur that a change be made to the last sentence in paragraph three of page 5 of the Staff Report to read "The Planning Commission finds there is a similar turn radius problem at the intersection of Shenandoah Lane and Front Street (Woodburn-Hubbard Road)." He explained the wording was probably adequate the way it was but in terms of how this might be viewed by some appellate body that might be looking at this, he would not want somebody saying that the Commission had concerns about it and that no findings were made. Therefore, he requested the word 'believes" be changed to "finds" and the world "concern" be changed to "problem'; Staff informed the Commission he has already made that change in the Final Order for Chairperson signature. Vice Chairperson Cox moved to approve the Final Order as presented by Staff with the noted minor modification. Commissioner Bandelow seconded the motion. Motion unanimously carried. DISCUSSION ITEMS None REPORTS None Planning Commission Meeting - December 6, 2001 Page 1 of 2 BUSINESS FROM THE COMMISSION None ADJOURNMENT Commissioner Bandelow moved to adjourn the meeting. carried. Meeting adjourned at 7:07 p.m. Motion was seconded by Commissioner Mill and ROYCB YOUNG~JCHAIRPERSON DATE ATTEST Jim Corr~..u~.ity Development Director City ~/oodburn, Oregon Date Planning Commixsion Meeting - December 6, 2001 Page 2 of 2 Livability Task Force Mission Statement: 'It is the mission of the Livability Task Force to create and promote programs that result in a cleaner community where there is pride in property ownership, with a full range of commercial services, and with ample recreational, cultural, and entertainment activities for all age groups. It is the Task Force's further mission to create ahd promote an environment where all residents can feel safe, will interact with each other, will celebrate their unique traits and diversity, and can share a strong and common sense of community." 8C Woodburn Livability Task Force Meeting Minutes - October 2001 City Hall Conference Room ,~October 23, 2001 ~ 7:00pm I. Call to Order Meeting called to order in the City Hall Conference Room at 7:05. Task Force Members: Pete McCallum Mike Bergeron Lisa Ellsworth Betty Guzman Staff: Kezia Merwin Present Present Present Present Present Jane Christoff Nancy A. Kirksey JoAnn Bjelland Present Present Present Approval of September Meeting Minutes Fall Clean up Evaluation Report. Send SOLV a copy of the news article about the cleanup in the Independent. The Bulb Planting was not successful because the ground at the sites was too hard. Pete suggested that 'for future clean up events, we invite via letter certain community organizations and specify a number of participants from their organizations and follow up before the event. Kezia sent thank you letters to all organizations who participated. The spring clean up is targeted for April 20, Earth Day. We need to get an early commitment this year and advance publicity. Progress Reports B. Front Street Park. Betty said that she secured the necessary funding for the park. She needs "no parking" signs in front of the park from the Street Dept. A picnic table and garbage can are still needed. C. Farmers Market (Saturday Market). Mike said that they had given away 49 pumpkins the week prior. Produce was the mainstay of the market this year. WIC and Senior Nutrition had been a positive impact on the market this year Livability Task Force Minutes October Z~, 2001 ~ Page getting people downtown. For next year, the parking spaces rented by Salvador will need to be considered. Mike is seeking someone to replace him next year. D. Flower Baskets. JoAnn said that there had been 101 baskets total, only 3 haven't paid. JoAnn was worried about next year's program due to the declining economy. Perhaps banners on the poles might be a better program next year. A donor board indicating those who contributed was suggested. E. Ordinance Revision. Nuisance ordinance is next to get approved, according to Chief Null and Bob Shields. Hopefully in place before next summer's events. PD is getting decibel meters to monitor noise. F. Urban Renewal Program. Livability Task Force can help by providing publicity materials. Discussion Items Vie A. Water Bill Insert. The proposed insert to advertise the yard debris program was usurped by the Public Works inserts for the month of November. Need to consider the next topic for an insert & develop a schedule of items. B. Recognition Program. The program would be quarterly and awarded to businesses and homes that have aesthetic improvement. Target date to start the program is January 2002. C. New Members. Several names were suggested and those will be contacted and invited to submit an application. Next Meeting. The next meeting date has been changed to November 27. Adjourn The Committee adjourned at 9:00 p.m. Livability Task Force Minutes October 23, 2001 ~Page 2 of 2 MINUTES Woodbum Recreation and Parks Board Regular Monthly Meeting Tuesday, December 11,2001 7:00pm City Council Chambers 8D 1. The meeting was called to order at 7pm by Herb Mittman. e Role Call Members present: Herb Mittman, Chair; Richard Hammond, Vice Chair; Patricia Watts, member; Sharon Felix, member; Rosetta Wangerin, member; Ty Burlingham, member. Staff present: Randy Westrick, Director; Brian Sjothun, Leisure Services; Kathy Willcox, Aquatics; Jennifer Goodrick, AA. Members absent: Frank Anderson, Member. 3. Approval of Minutes from October 9, 2001 meeting. A motion to accept the minutes as written was made by Patricia Watts. The motion was seconded by Richard Hammond. The motion was passed unanimously. 4. Business from the Audience: there was none. 5. Business from the Director: Division Reports 1. Leisure Services Division.- Brian Sjothun reported that we finished registration for the youth basketball program with 536 kids registered. The division also helped Gervais organize a similar program. The division is now putting the program together; putting children on teams and preparing practice and game schedules. Teen Center Update-Woodbum Together members attended a grant writing workshop last week and will be reapplying in May to Drug Free Communities. The Bush Administration has expanded the funding for this program by 33%, and has extended grants to 5 years instead of 3 years. 2. Aquatics Division. - Kathy reported that the pool is busy. Swim lessons are over this week and will resume in January. College staff home and eager to work, which is good as the pool needs extra staff during school vacation. This Saturday will be very busy-a swim meet, in-service training for staff, and Free Swim Saturday. Free Swim Saturday is also a canned food drive for Love Santa program. Next Monday the morning water fitness folks are having a pot luck from 5-7 at Tukwila medical center and they are encouraging attendees to bring gifts and food for Love Santa. The pool will be closed Christmas eve and day, New Years eve & day. Next month the pool will begin lifeguard training for anyone fifteen and over who can swim 500 yards. Please let Kathy know if you are interested. -1- 3. Community Center Planning Committee - Sharon will provide an update soon. The Committee is finalizing floor plans and meets again on 1-10-01. Sharon was also reappointed by the Mayor to another three year term on the Recreation and Parks Board. 6. Cascade Surge: This fall the Cascade Surge approached the Department requesting that we consider partnering with then to provide Woodburn with a home town minor league soccer team. A Facility Use Agreement has been put together for the Surge and has been included in the Board Packet. Since this would constitute a significant use of our Legion Park facility, the Board has been asked to make a recommendation regarding this proposal. "Reaching Kids Through Sports" is the parent non profit organization of the Cascade Surge. Randy introduced Jim Parent and Dave Irby, who told the Board a little bit about the organization and gave everyone a brochure. The back cover explains the youth outreach program of the organization. They like to get the team members involved in activities with after school programs. When they were at a Salem school, they had several players, including a Trinidadian player and a British player in the schools every week. They provided a yearbook with programs listed, as well as schedules. The Surge plan for nine season games and one or two exhibitions in the park this summer. They also have youth programs during the winter and spring when they train kids for soccer in college or minor leagues. The organization also has leagues with four youth divisions for boys and girls. Introduced Miguel Camarina, head coach for the Surge and former player. Dave Irby is in charge of daily operations. The team is very multinational. David explained that the Surge is not a professional team, so college students don't lose their eligibility to play on college teams if they choose to play with the Surge. Randy pointed out that the league was similar to Class A baseball in this regard. Herb said that it sounds like a great program and he's glad that they're here. Rosetta asked if the clean up clause in the Facility Use Agreement included the parking lot. Randy said that it does, and that the Cascade Surge intends to do some neighborhood outreach as well, and that keeping the park and lot clean is a great first step. Randy asked if the Board was ready to make a recommendation at this time. Richard Hammond recommended approval of the program. Patricia Watts seconded the motion. The motion carried with unanimous approval. 7. Future business: There was none 8. Adjournment: Meeting was adjourned at 7:25pm. i -2- Community Center Planning Committee Minutes: December 6, 2001 8E 1. Call to Order: Joan Garren called the meeting to order at 7:10 2. Roll Call: Member: Joan Garren, Preston Tack, Sharon Felix, Butch Flomer. Staff and Contractors: Randy Westrick, Jennifer Goodrick, Randy Saunders 3. Approval of Minutes: November 29 minutes were approved. 4. Floor Plan Design: Randy Saunders presented the Committee with a conceptual floor plan designed specific for the topography of the Front and Oak Street site. Basement Discussion: Randy S noted that he wanted to change the design to put the mechanical room on the east side of the basement so that it would be easily accessed by delivery trucks. Preston Tack noted that he hopes special attention would be made to the mechanical room since they often transmit noise to the rest of the building. Randy S assured the committee that a mechanical engineer would review the plans at the appropriate stage of the design phase. The group had many questions about the construction and building phase which Randy was not prepared to answer since that is jumping to far ahead at this point in the project. Sharon expressed concerns about the 7,500 sq ft play area, Randy S assured her a thorough seismic study would be required for the building. There were also concerns about ingress and egress from the basement being located on Front Street. Randy S noted that he wanted to keep vehicles out of the court yard area, and assured the committee that he would design the area carefully. The committee had several ideas on do this, which Randy S duly noted. Primary Floor Discussion: The committee had several "what-if" questions about the floor plan, about noise concerns and about deck options. Concerns about security and keeping the courtyard private were also discussed, as were options for staging in the courtyard and/or the pavilion. The committee was in general agreement that a portable stage was the best option for staging at this point. The committee felt the locker roomg should be called change rooms, and that they should be closer to the pavilion. They also thought that the classroo~n and the fitness room should swap space and that the janitors closet could be moved closer to the activity room. Upstairs/Mezzanine Discussion: There were not as many questions or concerns about this part of the building as there were with the other floors. The staircase will be open, and at the committees request, Randy S will try to incorporate a small conference room and/or a guest office into the design while staying under the 900 square foot limit in order to avoid several building code issues. General Discussion: Butch noted that it would be a good idea to have other Community Center Directors look at our plans. Randy S wanted the group to keep in mind that different designs fit the needs of different groups of people. In other words, what works for southwest Portland might not work for us. That said, Randy S thought that was a good idea, in general, to solicit opinions from other community center directors. Preston asked if heating options are a concern at this stage. Randy S said that it was a bit premature to speak to specifics, but he listed several "green" options that can be designed into the building. The City will possibly want us to utilize some of these options as "good examples" to the population at large. Randy S will adjust the floor plan based on the discussion at this meeting. 8E 2 MINUTES MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD DATE: December 12, 2001 ROLL CALL: Phyllis Bauer - Present Barbara Pugh Marie Brown - Present Kevin Schiedler Ardis Knauf - Present Pat Will Kay Kuka - Present Mary Chadwick Ex-Officio - Absent - Present - Present - Excused STAFF PRESENT: Linda Sprauer, Director Judy Coreson, Recording Secretary Beverly Phillips and Judy Brunkal, Librarians GUESTS: None CALL TO ORDER: President Kay Kuka called the meeting to order at 12 Noon. SECRETARY'S REPORT: The monthly Board minutes of November 14, 2001 were approved as submitted. CORRESPONDENCE: Letters of Appreciation for donations were sent to Harold Murray and the Oregon Community Foundation for funds from the Frank and Mabel Settlemier Fund. Certificates of Appreciation were sent to Harold Murray and Alan and Lori Nuttall for donations made during the year. The library received a check of $274.07 from the estate of Albert J. Saarinen to be deposited in the Library Endowment Fund. PUBLIC COMMENT: None DIRECTOR'S REPORT: Monthly Statistics: The monthly statistics were self-explanatory. The number of people visiting the library for the month of November was 15,278. Activities: A list of activities was distributed to the Board. Beverly Phillips, Children's Librarian, reported on youth activities. The children are making ornaments for the Christmas tree in the Youth Services area. "Mrs. Claus Comes to the Library" is scheduled for Saturday, December 15, at 2 pm. There will be fun stories, sing-a- longs, comedy, magic, and surprises with "Snoopy", a real bunny. "Saturday at the Library" begins in January from 1:30 to 2:30 pm for children, friends and families. The first Saturday will be a storytime in Spanish; the second Saturday is for creative crafts; the third Saturday will have a special guest performance; the 4th Saturday will be game day; and the 5th Saturday will have something special with surprises and fun. "Saturday at the Library' on January 19 is the "Mad Science" program, "Up, Up, and Away", at 1 pm. Dave, the Mad Scientist, will do tricks and experiments that surprise, amaze, educate and illustrate. Head Start visits the library every week through April, exploring the Youth Services Room and its resources and enjoy a storytime. Head Start provides the transportation. Parents and siblings of the children are invited to attend. Judy Brunkal is scheduling three Chautauqua programs for the new year. On Sunday, February 10, Bill and Carla Coleman, Cold Comfort Productions from Woodburn, will present "Taps", a musical Civil War program. On Sunday, March 10, David Biespiel will present "Of Love and War, Abraham Lincoln and Walt Whitman". Diane Allen Duniway will present "Abigail Scott and the Politics on Oregon Feminism" on Sunday, March 17. Jan Emerson, from the University of Oregon, will present "Monks in the Wild West", the early days of Mount Angel Abbey. The date will be announced at a later time. A poet will be scheduled in April during National Library Week. Preschool Storytimes, Internet classes and the Book Discussion' Group continues. The library will be open from 8 am to 12 noon on Monday, December 24, Christmas Eve, and will be closed on Tuesday, December 25, Christmas Day. The library will closed Tuesday, January 1, for New Year's Day. * Volunteer of the Month: Lola Speratos was chosen Volunteer of the Month for December. Santa Claus Anonymous for Toys: A barrel has been placed at the library by Woodburn Elks #2637 to collect toys for Santa Claus Anonymous. Library Board Minutes - 12/12/01 OLD BUSINESS: Project Update: The Carnegie exterior repairs are proceeding. New handrails going to the basement have been installed. Replacement of the windows is continuing. The $25,000 grant has been received from the Oregon Heritage Commission through the State of Oregon. Woodburn/Canby Exchange Cards: Linda has not received a response from the Canby Public Library concerning this matter. If Canby Public Library wants to honor Woodburn cards, they will need to make sure the library cards are valid. Linda will be sending letters to Woodburn/Canby exchange cardholders informing them that Woodburn Public Library will stop issuing the Woodburn/Canby exchange cards as of Jan. 1, 2002, but will honor the use of them through July 1, 2002. The Woodburn Public Library Board voted to accept Linda's proposal. If patrons living in Clackamas County want a library card for Woodburn Public Library, they will need to pay the fee of $75.00 per year per household. Clackamas county residents are already paying for library service through their taxes in Clackamas County. Planning Session #2: The Library Board set the date for a second planning session for Thursday, January 17, 2002, from 4 to 8 pm. NEW BUSINESS: Preliminary Results of Telephone Survey: The preliminary results of the LSTA District Feasibility study's telephone survey has been compiled. Linda will have more information at the next board meeting. BUSINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: None 8F ADJOURNMENT: The meeting was adjourned at 12:35 pm. Respectfully Submitted, Judy Coreson Recording Secretary Library Board Minutes - 12/12/01 3 8G MEMO TO: FROM: SUBJECT: DATE: City Council through the City Administrator'-J-" Ben Gillespie, Finance Direct~4ff~ Annual Audit Report December 26, 2001 The 2000-01 financial statements have been finalized, and the City's auditors, Boldt, Carlisle, & Smith, have issued an unqualified opinion on them. As required by statute the financial statements and the opinion have been filed with the Secretary of State. The auditors stated: In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of the CITY of WOODBURN, Oregon as of June 30, 2001, and the results of its operations.., for the year then ended... They also wrote: We noted no matters involving the internal contrOl over financial reporting and its operation that we consider to be material weaknesses. Copies of the document and their transmittal letter are available for review in the Finance Office. The report did note deficit Fund Balances in two funds: Special Assessment Parks Capital Improvement $(168,965) $(298,052) The Special Assessment deficit occurred due to the process of collecting assessments. The City made improvements to affected properties in prior years and made assessments against those properties. The owners of the properties can elect to pay the assessments in annual installments with interest. The deficit balance will be eliminated by the collection of these assessments in future years. The Parks Capital Improvement deficit occurred due to expenditures for Centennial Park Of the total amount, $96,000 will be recovered from a state grant in 2001-02. $66,000 is recognized on the books as a loan from the General Fund to be paid back out of future SDC collections, and $126,000 is a budget over run. This amount of the deficit will be corrected in 2001-02 with SDC revenue in excess of budget; Evergreen Retirement Community will pay $198,000 in SDC's that was not anticipated when the budget was adopted. Next year's financial statements will be the last time the City of Woodburn will use the current format. The Government Accounting Standards Board (GASB) issued Statement 34 (GASB 34) that will require an overhaul of how the financial statements are presented. GASB 34 is a sweeping revision to how local governments will report their financial condition and the results of operations. Of the many changes embodied in GASB 34 the most notable to the users of the City's financial statements will be: Management's discussion and analysis Government wide financial statements Capitalizing fixed assets in the governmental funds Management's discussion and analysis (MD & A) provides a narrative introduction and overview that will help users interpret the basic financial statement. The MD & A also is an analysis of key date presented in the financial statements. It will include, for example, explanations of Significant changes in revenue or expenses Budget revisions Material changes in fund balances Government wide financial statements present the activities for all funds in one statement. This is intended to help the reader grasp the impact of the government entity as a whole. It is how citizens most often view local government. Currently fixed assets are capitalized and depreciated in the in the propriety funds (water and sewer utility funds), but in the governmental funds fixed assets are expensed at the time of purchase. This will change under GASB 34. Governmental funds' fixed assets, such as streets and City Hall, will be posted on the general ledger at historical cost and then they will be depreciated. All of this will be apparent to the users of the City's financial statements for the year 2002-03. To get to that point some of our accounting practices will need to change beginning July 1, 2002. To help the Council understand the coming changes a booklet entitled "An Elected Official's Guide to the New Governmental Financial Reporting Model" is attached. 8G 8H MEMO TO: FROM: SUBJECT: DATE: City Council through the City Administrator'4 Ben Gillespie, Finance Direclo~/)Q Electric Franchise Options December 26, 2001 The 1999 Oregon Legislature adopted SB 1149, which deregulated electric utilities in the state. The fundamental change brought about by this legislation was the ability of Electricity Service Suppliers (ESS) other than electricity producers to sell power. This allows brokers to buy electricity from generators and sell it to consumers. The ESS's would not have to invest in costly generating facilities, and they would lease the rights to transmit power from the existing utilities (PGE and PP & L). It is anticipated that several energy brokers will compete for sales to commercial and industrial users. Energy prices for those customer, which have been regulated, will instead be set by market forces. Residential customers rates will still be regulated. This might have resulted in a dramatic decrease in franchise fees collected in some cities. Franchise fees are based on the gross revenue of the utility that holds the franchise. If several large customers were to switch to another source of electricity, the revenue of the utility that holds the franchise would decrease. The new ESS's revenue would increase, but that revenue is not subject to the franchise fee. Since the franchise fee i~ a charge for the use of the right of way, only those utilities that have poles or underground wire in the public's right of way are subject to the franchise fee. The League of Oregon Cities lobbied the legislature to protect cities' electric franchise fees. The language secured in the legislation enables cities to remain revenue neutral by utilizing a volumetric charge versus a fee based on gross revenue. The volumetric approach would set a rate for the volume of electricity sold in a city based on 1999 usage. That rate would be applied to all electricity transmitted over the wires of the utility that is subject to the franchise. In that way electricity sold by brokers would still be subject to the franchise fee. As the aggregate volume of electricity sold in a city increases, the franchise fee revenue would increase as well. The new volumetric approach is not automatic and will require a choice to be made by each city. The City of Woodburn now faces that decision. The fundamental criteria are these: A city with a few large industrial users of electricity that are expected to switch to a different supplier, will benefit from the volumetric approach. A city that expects growth in either residential or industrial customers of the existing utility will benefit from the traditional gross revenue method of calculating the fee. In either case electric rate increases favor the gross revenue approach. State wide fewer industrial customers now seem inclined to buy from ESS's than there were two years ago. In Woodburn there are no very large industrial customers. The city expects growth to continue at a faster rate than the average for the state, and the PUC recently approved rate increases that are expected to average 38% of commercial/industrial customers and 22% for residential customers. All of these factors indicate that Woodburn would benefit from staying with the gross revenue approach. Other cities in the Willamette valley share Woodburn's preference for the gross revenue method. At a recent meeting of the Local Franchise Revenue Audit Group (LFRAG) all eight cities in attendance indicated that they would elect to continue with the gross revenue approach. They all cited the recent rate increases as the reason that overshadowed all other considerations. For the above reasons Woodburn will continue with the gross revenue approach. 8H A/P CHECK LISTING FOR THE MONTH OF DECEMBER 2001 CHECK NO 58105 58106 58107 58108 58109 58110 58111 58112 58113 58114 58115 58116 58117 58118 58119 58120 58121 58122 58123 58124 58125 58126 58127 58128 58129 58130 58131 58132 58133 58134 58135 58136 58137 58138 58139 58140 58141 58142 58143 58144 58145 58146 58147 58148 58149 58150 58151 58152 DEPARTMENT POSTAGE*VARIOUS SERVICES-PAYROLL SERVICES-PUB WKS PAYROLL-VARIOUS SERVlCES-WTR PAYROLL-VARIOUS VOID VOID VOID SERVl CES- MAYO R S ERVI CES- LIB RARY SERVl CES- MAYO R S ERVl CES- RSVP SERVICES-WWTP SUPPLI ES*C STORES SERVlCES-ENG SUPPLIES-WWTP SUPPLIES-WWTP SERVlCES-WTR SERVICES-VARIOUS SERVICES-POLICE SERVlCES-WWTP SERVICES-POLICE SUPPLIES-VARIOUS SUPPLIES-POLICE SERVICES-NON DEPT SUPPLIES-WWTP SERVICES-PLAN SERVICES-FINANCE SERVlCES-WWTP SERVICES-POLICE SUPPLIES-C STORES SUPPLIES-MAINT SERVICES-POLICE SERVlCES-WWTP SUPPLIES-WWTP SUPPLIES-LIBRARY SERVICES-WWTP SERVICES-FINANCE SUPPLIES-POLICE SERVlCES-WWTP SERVlCES-WWTP SERVICES-VARIOUS SERVlCES-WWTP SUPPLIES-VARIOUS SU PPLI ES-LI BRARY SERVICES-VARIOUS SUPPLIES-WWTP VENDOR NAME US POSTAL SERV ASSOC ADMIN OR HEALTH DIV OREGON PERS VALLEY MAILING EBS TRUST VOID VOID VOID MID WILL VLY COUNCIL MOTHER GOOSE PROD HILTON EUGENE MARY HILL OSU CHEMICAL ADV LASER IMAGING AEROTEK ALEX HAMILTON INST APPLIED IND TECH ARAMARK UNI FORM ARCH WIRELESS AUTO ADDITIONS ASSOC OF CLEAN WTR BM CLEANING SERV BIMART CORP BLUMENTHAL UNIFORMS BOLDT CARLISLE BRANOM INST ROGER BUDKE CANBY TELE ASSOC CARLS SEPTIC CASE AUTOMOTIVE CDW GOVERNMENT COASTWlDE LAB COMPAQ FIN SERV CORP INC ~ CRONATRON WELD DEMCO INC DEQ DIRECT LINK EVEN FREE M FAIRCHILD & ASSOC FISHER IMPLEMENT HIRE CALLING IND MACHINING IND WELDING INGRAM DIST IKON OFFICE ITT FLYGHT CORP VENDOR DATE NO 020089 12/3/01 000562 12/4/01 014611 12/4/01 014424 12/4/01 021044 12/6/01 060020 12/6/01 VOID VOID VOID NONE 12/7/01 NONE 12/7/01 NONE 12/7/01 NONE 12/7/01 NONE 12/7/01 000066 12/7/01 000080 12/7/01 000119 12/7/01 000456 12/7/01 000534 12/7/01 000535 12/7/01 000558 12/7/01 000565 12/7/01 001030 12/7/01 001275 12/7/01 001310 12/7/01 001345 12/7/01 001410 12/7/01 001580 12/7/01 002062 12/7/01 002136 12/7/01 002190 12/7/01 002320 12/7/01 002626 12/7/01 002724 12/7/01 002879 12/7/01 002915 12/7/01 003110 12/7/01 003205 12/7/01 003240 12/7/01 004428 12/7/01 005015 12/7/01 005145 12/7/01 007240 12/7/01 008080 12/7/01 008100 12/7/01 008116 12/7/01 008119 12/7/01 008395 12/7/01 AMOUNT $1,400.00 $115.00 $250.00 $96.84 $676.40 $905.75 $o.oo $o.oo $o.oo $4,750.00 $200.00 $880.38 $5O.OO $150.00 $449.60 $240.00 $36.00 $388.69 $28.46 $282.35 $5,966.29 $450.00 $200.00 $866.69 $614.15 $5,525.00 $130.10 $2,470.00 $39.90 $1oo.oo $357.10 $825.80 $916.40 $118.54 $29,211.83 $265.64 $29.46 $85.00 $315.00 $216.00 $160.00 $317.71 $1,307.92 $295.00 $44.80 $2,845.14 $337.85 $225.00 Page I a/P CHECK LISTING FOR THE MONTH OF DECEMBER 2001 58153 58154 58155 58156 58157 58158 58159 58160 58161 58162 58163 58164 58165 58166 58167 58168 58169 58170 58171 58172 58173 58174 58175 58176 58177 58178 58179 58180 58181 58182 58183 58184 58185 58186 58187 58188 58189 58190 58191 58192 58193 58194 58195 58196 58197 58198 58199 58200 58201 58202 SERVICES-NON DEPT SUPPLIES-LIBRARY REIMBURSE-FINANCE SUPPLIES-LIBRARY SU PPLI ES-LI BRARY REI MBURSE-MAYOR SUPPLIES-VARIOUS SERVICES-WWTP SUPPLIES-WTR SERVlCES-ENG SERVICES-VARIOUS SERVICES-VARIOUS SERVlCES-WWTP SERVlCES-WWTP SUPPLIES-POLICE SUPPLIES-POLICE SUPPLI ES-ATTY SERVlCES-WWTP SUPPLIES-WTR SUPPLIES-PUB WKS SERVICES-VARIOUS SUPPLIES-WWTP SUPPLIES-WWTP SERVICES-VARIOUS SERVICES-VARIOUS SUPPLI ES- DAR SUPPLI ES-VARIOUS SUPPLIES-LIBRARY SUPPLIES-MAINT SUPPLIES-POLICE SERVlCES-WWTP SERVlCES-ENG SUPPLI ES-VARIOUS SUPPLIES-POLICE SERVICES-PUB WKS SUPPLI ES-VARIOUS SERVICES-VARIOUS SERVICES-PARKS SERVICES.FINANCE SERVICES-POLICE SERVlCES-ENG SUPPLIES-WTR SUPPLI ES-ATTY SERVICES-PLAN SERVICES-VARIOUS SUPPLIES-LIBRARY SUPPLIES-VARIOUS PETTY CASH-VARIOUS POSTAGE-VARIOUS SERVICES-WTR SHERMAN KELLAR THE LEARNING CO GERALD LEIMBACH MARSHALL CAVENDISH MATTHEW BENDER PETER MCCALLUM METROFUELING MOLALLA COMM NORTHERN TOOL NW GEOTECH NW NATURAL ONE CALL CONCEPTS OR ST DEPT AGRICUL OR DEPT OF REV OR DMV OR FIRE EQUIPMENT OR STATE BAR OREGONIAN US FILTER PARKER NW PAVl NG PORT GENERAL ELEC PRAXAI R DIST PROGRESSIVE BUS QWEST QWEST R&J MOBILITY RADIO SHACK RECORDED BOOKS SCHUCKS COMM SKAGGS UNIFORMS STATESMAN JOURNAL TEK SYSTEMS CORPORATE EXPRESS THARCO TSI UNOCAL UNITED DISPOSAL VERIZON WIRELESS VP CONSULTING WALKERS CYCLE WDY INC WESCO DIST WEST GROUP WlNTEROWD PLAN WBN INDEPENDENT WORLD MEDIA YES GRAPHICS CITY OF WOODBURN US POST OFFICE VALLEY MAI LING 010055 12/7/01 $695.55 011179 12/7/01 $45.98 011190 12/7/01 $54.73 012235 12/7/01 $438.58 012298 12/7/01 $74.84 012347 12/7/01 $32.40 012448 12/7/01 $1,557.97 012563 12/7/01 $49.90 013218 12/7/01 $154.97 013287 12/7/01 $2,703.50 013350 12/7/01 $10,143.32 014054 12/7/01 $193.50 014205 12/7/01 $20.00 014217 12/7/01 $246.00 014240 12/7/01 $30.00 014304 12/7/01 $74.47 014500 12/7/01 $25.00 014653 12/7/01 $566.58 015065 12/7/01 $9,523.36 015150 12/7/01 $23,460.63 015420 12/7/01 $39,220.17 015480 12/7/01 $14.46 015555 12/7/01 $253.00 016201 12/7/01 $194.09 016202 12/7/01 $935.91 017003 12/7/01 $22.00 017030 12/7/01 $139.96 017102 12/7/01 $93.00 018283 12/7/01 $199.99 018515 12/7/01 $4,155.88 018760 12/7/01 $996.50 019046 12/7/01 $368.00 019100 12/7/01 $522.70 019130 12/7/01 $212.20 019268 12/7/01 $10,253.00 020010 12/7/01 $495.95 020020 12/7/01 $2,244.10 021124 12/7/01 $59.73 021260 12/7/01 $2,395.00 022023 12/7/01 $93.60 022110 12/7/01 $962.01 022150 12/7/01 $1,071.50 022160 12/7/01 $370.00 022438 12/7/01 $658.33 022630 12/7/01 $312.00 022815 12/7/01 $173.13 024025 12/7/01 $1,246.00 015255 12/7/01 $148,70 020090 12/13/01 $104.10 021044 12/14/01 $618.80 Page 2 A/P CHECK LISTING FOR THE MONTH OF DECEMBER 2001 58203 58204 58205 58206 58207 58208 58209 58210 58211 58212 58213 58214 58215 58216 58217 58218 58219 58220 58221 58222 58223 58224 58225 58226 58227 58228 58229 58230 58231 58232 58233 58234 58235 58236 58237 58238 58239 58240 58241 58242 58243 58244 58245 58246 58247 58248 58249 58250 58251 58252 VOl D VOID VOID SUPPLIES-WWTP SERVICES-STREET SERVICES-ADMIN SERVICES-ENG SERVICES-PLAN SUPPLIES-PLAN SERVICES-WWTP SUPPLIES-WATER SERVICES-COURT SUPPLIES-POLICE SUPPLIES-ADMIN SERVICES- PARKS SUPPLIES-POLICE REIMBURSE-POLICE REIMBURSE-PLAN SERVICES.VARIOUS SUPPLI ES-RSVP SUPPLIES-WWTP SERVICES-ADMIN REIMBURSE-RSVP SERVICES-STREET SUPPLIES-POLICE SUPPLI ES-WATER SERVICES-ADMIN SERVICES-VARIOUS SERVICES-ENG SERVICES-WWTP SERVICES-MUSEUM REIMBURSE-POLICE SERVICES-MAYOR SUPPLIES-ATTY SERVICES-STREET SERVI CES-PARKS SERVICES-POLICE SUPPLIES-ADMIN SERVICES-POLICE SUPPLI ES-VARIOUS SERVICES-BUILD SERVICES-STREET SUPPLI ES-ATTY SERVl CES-VARI O US SERVlCES-ATTY SUPPLIES-FINANCE SERVICES-POLICE SUPPLIES-WTR SERVICES-STREET SERVICES-VARIOUS VOID VOID VOID BUDGET BLINDS OSU CHEMICAL DEREK LISBY AEROTEK AMER PLAN ASSOC AWARDS & ATHLETICS AT&T BEN-KO-MATIC ALVlNA BLAINE BLUMENTHAL UNIFORM CASCADE PRINTING CHEM COMM COLL CRYSTAL SPRINGS ALLEN DEVAULT NANCY DEVAULT DP NORTHWEST FESSLER NURSERY FISCHER MILL SUPPLY FI RST CASCADE SUE FOFANA-DURA GK MACHINE GALLS INC HAMILTON ENGI NE HENEBERRY EDDY HIRE CALLING IKON OFFICE ITT FLYGHT CORP JOHN PILAFIAN SANTIAGO KENT LEAGUE OF OR CITIES LEGISLATIVE COUNSEL MARION CTY TREASURY MARION ENVIRON MARK CAROLL MAULDING CONST NORCOM NORLIFT OF OR OR BUILDING OFF OR DEPT OF AGRICUL OR DEPT OF JUSTICE OR DMV OR STATE BAR PARADIGM PRESS PAULS AUTO BODY JOSEPH POLLARD PORT GENERAL ELEC QWEST V 0 I D $0.00 VOI D $0.00 VOI D $0.00 NONE 12/14/01 $1,385.00 NONE 12/14/01 $300.00 NONE 12/14/01 $50.00 000080 12/14/01 $190.00 000270 12/14/01 $149.00 000580 12/14/01 $6.50 000623 12/14/01 $14.52 001200 12/14/01 $13.94 001293 12/14/01 $200.00 001310 12/14/01 $238.80 002227 12/14/01 $474.00 002410 12/14/01 $43.00 002919 12/14/01 $74.00 003217 12/14/01 $339.52 003218 12/14/01 $20.50 003264 12/14/01 $1,904.00 005090 12/14/01 $262.50 005120 12/14/01 $12,478.00 005130 12/14/01 $74,651.62 005~97 12/14/01 $50.70 006009 12/14/01 $323.48 006011 12/14/01 $6.99 007050 12/14/01 $104.00 007140 12/14/01 $3,200.84 007240 12/14/01 $2,081.24 008119 12/14/01 $135.00 008395 12/14/01 $55.00 009130 12/14/01 $6.50 010058 12/14/01 $141.21 011110 12/14/01 $960.00 011200 12/14/01 $319.00 012223 12/14/01 $5,875.40 012227 12/14/01 $612.50 012230 12/14/01 $580.00 012305 12/14/01 $828.00 013198 12/14/01 $22,536.92 013200 12/14/01 $978.71 014125 12/14/01 $250.00 014205 12/14/01 $20.00 014210 12/14/01 $40.00 014240 12/14/01 $31.00 014500 12/14/01 $460.50 015114 12/14/01 $49.50 015185 12/14/01 $100.00 015369 12/14/01 $55.50 015420 12/14/01 $13,176.69 016202 12/14/01 $2,433.64 Page 3 A/P CHECK LISTING FOR THE MONTH OF DECEMBER 2001 8! 58253 58254 58255 58256 58257 58258 58259 58260 58261 58262 58263 58264 58265 58266 58267 58268 58269 58270 58271 58272 58273 58274 58275 58276 58277 58278 58279 58280 58281 58282 58283 58284 58285 58286 58287 58288 58289 58290 58291 58292 58293 58294 58295 58296 58297 58298 58299 58300 58301 58302 SUPPLI ES-PARKS SUPPLI ES-RSVP SERVICES-VARIOUS SU PPLI ES-ADM I N SERVICES-POLICE SERVICES-PLAN SERVICES-VARIOUS SERVICES-ENG REIMBURSE-RECORDER SUPPLIES-VARIOUS SUPPLIES-PARKS SUPPLIES-POLICE REIMBURSE-PARKS SERVICES-WWTP SUPPLI ES-ATTY POSTAGE-PARKS SERVICES-POLICE REIMBURSE-VARIOUS PETTY CASH-VARIOUS VOID VOID VOID SERVICES-ENG REFUND-WTR/SWR REFUND-WTR/SWR REFUND-WTR/SWR REFUND.WTR/SWR REFUND-WTR/SWR REFUND-WTR/SWR REFUND-WTR/SWR REFUND-WTR/SWR REFUND-WTR/SWR REFUND-WTR/SWR REFUND-WTR/SWR REFUND-WTR/SWR SUPPLIES-POLICE SERVICES-PARKS SERVICES-BUILD SERVICES.LIBRARY SUPPLI ES-C STORES SERVICES- ENG SERVlCES-WTR SUPPLI ES-WWTP SUPPLI ES-COURT SUPPLIES-POLICE SERVlCES-C GARAGE SERVICES-POLICE SERVICES-POLICE SUPPLIES-VARIOUS REIMBURSE.STREET RADIO SHACK ROTHS SECRETARY OF STATE SI LVERTON SAND SPECIALTY GLASS STATESMAN JOURNAL TECH SYS INC TEK SYSTEMS MARY TENNANT CORPORATE EXPRESS US POSTAL SERV VIKING OFFICE D RANDALL WESTRICK WOLFERS WCAT UPS: SCOTT RUSSELL KEZIA MERWlN CITY OF WOODBURN VOID VOID VOID K-M TRAFFIC SERV V CAMPBELL THE LUCKEY CO MARIA VERBIN LEONA STRACK ANDREY BURLACHENKO THE LUCKEY CO YSNOELIA TREVI NO TI MOTHY SNODDERLY JAMES LIND GWEN GUNTHER SANDSTRUM HOMES LI NDS MARKET BNA BOOKS NYSCA OR MFG HOUSING THOMAS DOTY ADV LASER IMAGING AEROTEK AMTEST OREGON A-1 COUPLING A-QUALITY TYPE ANIMAL CARE EQUIP ARAMARK UNIFORM LANGUAGE LINE BEARS & ROSES HOUSEHOLD BANK MIKE BERGERON 017030 I2/14/01 $24.99 017340 12/14/01 $52.56 018348 12/14/01 $350.00 018490 12/14/01 $1,550.25 018689 12/14/01 $325.00 018760 12/14/01 $1,189.82 019040 12/14/01 $10,654.00 019046 12/14/01 $920.00 019055 12/14/01 $16.80 019100 12/14/01 $1,096.00 020090 12/14/01 $1,000.00 021180 12/14/01 $66.77 022260 12/14/01 $35.00 022460 12/14/01 $2,710.00 022547 12/14/01 $26.00 NONE 12/17/01 $28.68 017370 12/18/01 $5,000.00 012440 12/19/01 $123.09 015255 12/19/01 $148.18 V 0 I D $0.00 V 0 I D $0.00 VOl D $0.00 NONE 12/21/01 $224.00 NONE 12/21/01 $34.83 NONE 12/21/01 $25.54 NONE 12/21/01 $32.99 NONE 12/21/01 $27.38 NONE 12/21/01 $44.66 NONE 12/21/01 $38.63 NONE 12/21/01 $23.37 NONE 12/21/01 $41.15 NONE 12/21/01 $34.83 NONE 12/21/01 $13.86 NONE 12/21/01 $17.33 NONE 12/21/01 $377.16 NONE 12/21/01 $140.38 NONE 12/21/01 $760.00 NONE 12/21/01 $45.00 NONE 12/2]~/01 $200.00 000066 12/21/01 $289.75 000080 12/21/01 $160.00 000400 12/21/01 $367.50 000409 12/21/01 $603.01 000420 12/21/01 $195.00 000433 12/21/01 $478.22 000534 12/21/01 $48.06 000659 12/21/01 $498.94 001171 12/21/01 $507.18 001199 12/21/01 $685.55 001240 12/21/01 $71.28 Page 4 A/P CHECK LISTING FOR THE MONTH OF DECEMBER 2001 58303 58304 58305 58306 58307 58308 58309 58310 58311 58312 58313 58314 58315 58316 58317 58318 58319 58320 58321 58322 58323 58324 58326 58327 58328 58329 58330 58331 58332 58333 58334 58335 58336 58337 58338 58339 58340 58341 58342 58343 58344 58345 58346 58347 58348 58349 58350 58351 58352 58353 SERVICES- DAR SUPPLIES-POLICE SERVICES-WWTP SERVICES-NON DEPT SERVICES-PUB WKS SERVlCES-ENG SERVl CES-WWTP REIMBURSE-POLICE SUPPLIES-TRANS SERVlCES-VARI 0 US SERVlCES-ENG SUPPLIES-STREET SUPPLIES-POLICE SERVICES-LIBRARY SUPPLI ES-WATER S U PPLI ES- STREET SERVICES-POLICE SERVICES-VARIOUS SERVICES-WWTP SUPPLIES-WWTP REi MBURSE-WTR VO VO VO VO VO VO VO VO VO VO VO VO VO VO VO VO VO VO VO VO VO D D D D D D D D D D D D D D D D D D D D D SERVICES- PARKS SERVICES-POLICE SERVICES-POLICE SUPPLIES-STREET REIMBURSE-FINANCE SUPPLIES-VARIOUS SUPPLI ES-STREET SERVICES.STREET BIO-MED TESTING BLUMENTHAL UNIF BROWN & CALDWELL BULLARD,SMITH CRANE & MERSETH DE HAAS & ASSOC DEQ ALLEN DEVAULT DIAMOND MFG ESCHELON TELECOM E.S.R.I. INC FAMILIAN NW GALLS INC GE CAPITAL HAMILTON ENGINE HARBOR FREIGHT IND WELDING lOS CAPITAL INSTANT FIRE ITT FLYGT CORP GERALD LEI MBACH VO VO VO VO VO VO VO VO VO VO VO VO VO VO VO VO VO VO VO VO VO D D D D D D D D D D D D D D D D D D D D D MARION CTY ENV MARION CTY TREASURY MARION SALEM DATA MARSH MCBIRNEY RICHARD MCCORD METROFUELING MILES CHEV MUFFLERS HITCHES 001280 001310 001573 001584 002896 003108 003205 003217 003222 004264 004272 005030 006011 006079 007050 007080 008100 008118 008140 008395 011190 VO D VO D VO D VO D VO D VO D VO D VO D VO D VO D VO D VO D VO D VO D VO D VO D VO D VO D VO D VO D VO D 012125 012223 012228 012240 012348 012448 012490 012655 12/21/01 12/21/01 12/21/01 12/21/01 12/21/01 12/21/01 12/21/01 12/21/01 12/21/01 12/21/01 12/21/01 12/21/01 12/21/01 12/21/01 12/21/01 12/21/01 12/21/01 12/21/01 12/21/01 12/21/01 12/21/01 12/21/01 12/21/01 12/21/01 12/21/01 12/21/01 12/21/01 12/21/01 12/21/01 $43.50 $940.85 $7,565.93 $5,665.90 $5,584.50 $4,367.15 $127.29 $339.52 $22.50 $157.50 $100.00 $128.86 $474.96 $181.30 $76.00 $383.73 $11.50 $1,148.93 $269.60 $530.99 $75.76 $0.00 $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $0.00 $0.00 $o.oo $o.oo $o.oo $o.oo $o.oo $612.50 $510.78 $24.40 $875.51 $15.50 $1,549.13 $26.78 $166.50 Page 5 A/P CHECK LISTING FOR THE MONTH OF DECEMBER 2001 $! 58354 58355 58356 58357 58358 58359 58360 58361 58362 58363 58364 58365 58366 58367 58368 58369 58370 58371 58372 58373 58374 58375 58376 58377 58378 58379 58380 58381 58382 58384 58385 58386 58387 58388 58389 5839O 58391 58392 58393 58394 58395 58396 58397 58398 58399 58400 58401 58402 58403 SERVICES-ENG SERVICES-POLICE SERVICES-ADMIN SERVlCES-WWTP SERVICES-ENG SUPPLIES-WWTP SUPPLIES-VARIOUS SUPPLI ES-C STORES SERVICES-ENG SERVICES-STREET SERVICES-MAYOR SUPPLIES-STREET SUPPLIES-WTR SUPPLI ES-STREET SUPPLIES-POLICE SUPPLI ES-PARKS SUPPLIES-POLICE SUPPLIES-TRANS SU PPLI ES. PARKS SERVICES-ENG SUPPLIES-VARIOUS SUPPLIES-STREET SUPPLIES-STREET SERVlCES-WWTP SUPPLI ES- PARKS SERVICES- POLl CE SERVICES-VARIOUS SERVICES-POLICE SUPPLIES-VARIOUS SUPPLIES-WWTP VOID VOID VOID VOID REFUND-BUILDING REFUND-PARKS REFUND-PARKS REFUND-PARKS REFUND.PARKS REFUND.PARKS REFUND-PARKS REFUND-PARKS REFUND-PARKS REFUND-PARKS REFUND-PARKS REFUND-PARKS REFUND-PARKS REFUND-PARKS SERVICES.POLICE SUPPLIES-PLANNING MULTI TECH ENG NEXTEL COMM NORCOM NW BIOSOLIDS NW GEOTECH NURNBERG SCl ENTIFIC OFFICE DEPOT OFFSET SPEC ONSITE ENVIRON OR DEPT OF TRANS OR MAYORS ASSOC PAULS SMALL MTR PORTER YETT PUBLIC WKS SUPPLY QUINLAN PUBLISH RADIO SHACK THE SHUTTERBUG SKAGGS UNIFORMS SPORTS SUPPLY TEK SYSTEMS CORPORATE EXPRESS TRAFFIC SAFETY UNOCAL US GEOLOGICAL VIKING OFFICE WATERSHED WBN FAMILY CLINIC WBN 24 HOUR TOWING YES GRAPHICS FISHER MILL SUPPLY VOID VOID VOID VOID MIKE SAMOLIOV GAYLE ATTAWAY LAURA JULtO ROBERTA HENSON ALBA CEA LYNELL HOFFER RAFAEL PEREZ FRANK SUTTER MARIA TORRES OMAR ZAMORA KATHY BELLEQUE CARMEN CARLOS ELAINE SCHOTT CHARLES BOYLEN TUALATIN VALLEY FIRE PLANNERS TRAI NI NG 012682 12/21/01 $12,584.61 013188 12/21/01 $485.93 013198 12/21/01 $32,737.54 013262 12/21/01 $250.00 013287 12/21/01 $12,679.60 013435 12/21/01 $68.43 014029 12/21/01 $212.44 014035 12/21/01 $175.46 014055 12/21/01 $125.50 014260 12/21/01 $15.35 014345 12/21/01 $85.00 015175 12/21/01 $113.41 015400 12/21/01 $657.15 015648 12/21/01 $56.00 016140 12/21/01 $75.91 017030 12/21/01 $11.96 018455 12/21/01 $499.99 018515 12/21/01 $65.35 018694 12/21/01 $103,90 019046 12/21/01 $368.00 019100 12/21/01 $2,844.12 019220 12/21/01 $1,060.01 020010 12/21/01 $441.81 020060 12/21/01 $5,100.00 021180 12/21/01 $253.90 022082 12/21/01 $15.00 022587 12/21/01 $101.00 022755 12/21/01 $185.00 024025 12/21/01 $800.00 005120 12/28/01 $49,994.00 V 0 I D $0.00 VOI D $0.00 VOI D $0.00 V 0 I D $0.00 NONE 12/31/01 $213.20 NONE 12/31/01 $17.00 NONE 12/31/01 $17.00 NONE 12/31/01 $55.00 NONE 12/31/01 $17.00 NONE 12/31/01 $19.00 NONE 12/31/01 $19.00 NONE 12/31/01 $19.00 NONE 12/31/01 $19.00 NONE 12/31/01 $19.00 NONE 12/31/01 $17.00 NONE 12/31/01 $17.00 NONE 12/31/01 $19.00 NONE 12/31/01 $24.00 NONE 12/31/01 $311.25 NONE 12/31/01 $20.00 Page 6 A/P CHECK LISTING FOR THE MONTH OF DECEMBER 2001 8I 58404 58405 58406 58407 58408 58409 58410 58411 58412 58413 58414 58415 58416 58417 58418 58419 58420 58421 58422 58423 58424 58425 58426 58427 58428 58429 58430 58431 58432 58433 58434 58435 58436 58437 58439 58440 58441 58442 58443 58444 58445 58446 58447 58449 58450 58451 58452 58453 SERVICES-PLANNI NG SERVICES-POLICE SERVICES-WWTP SUPPLIES-WATER SERVICES-ENG SUPPLI ES-STREET SERVI C ES-VARI 0 US SERVICES-POLICE SERVICES-VARIOUS SERVICES-VARIOUS SUPPLIES-POLICE SUPPLI ES-VARIOUS SU PPLI ES- PARKS SUPPLI ES-STREET SUPPLIES-VARIOUS REIMBURSE-ADMIN SERVICES-WWTP SUPPLIES-LIBRARY SUPPLIES-PARKS SUPPLIES-PARKS SUPPLIES. LIBRARY SUPPLI ES-MAI NT SUPPLIES-WWTP SUPPLIES-POLICE SUPPLI ES-WATER SUPPLIES-VARIOUS SUPPLIES-POLICE SERVICES-WTR SUPPLI ES-PARKS SUPPLI ES-VARIOUS SUPPLIES-VARIOUS SERVICES-POLICE SUPPLIES-LIBRARY SUPPLIES-LIBRARY SUPPLIES-WWTP SUPPLIES-LIBRARY SUPPLIES-LIBRARY SUPPLI ES-VARIOUS SERVICES-VARIOUS SERVICES-ENG SUPPLIES-VARIOUS SUPPLIES.LIBRARY SERVICES-VARIOUS SERVICES-POLICE SUPPLIES-VARIOUS SU PPLI ES- PARKS SERVICES-POLICE SUPPLIES-LIBRARY REIMBURSE-POLICE SUPPLI ES-VARIOUS OR CITY PLAN DIR CLACKAMAS CTY SO A&A PEST CONTROL ACKLEY TOOL AEROTEK I NC AG WEST SUPPLY ARAMARK UNIFORM AUTO ADDITIONS ASSOC ADMIN AT&T BATTERY UNIVERSE BATTERIES NW HOUSEHOLD BANK BEN-KO-MATIC BIMART CORP JOHN BROWN BROWN & CALDWELL BULLDOG VIDEO CASCADE COLUMBIA CASCADE POOLS CHEMEKETA COMM COL CLIFFS SM ENGINE COASTAL FARM COMPLETE WIRELESS CSUS FOUNDATION DAVISON AUTO PTS DAVISON AUTO PTS DC DOORS EMERALD POOL FARM PLAN FORTRES GRAND FOTO MAGIC GALE GROUP GE CAPITAL WW GRAINGER GREENWOOD PUBLISH GREY HOUSE PUB GW HARDWARE HIRE CALLING HUBBARD CLEANERS IND WELDING INGRAM DIST IKON OFFICE KEY INVESTMENTS L&L BUILDING LINCOLN EQUIPMENT LTJ ENTERPRISES MICRO MARKETING JOHN MIKKOLA MR P'S AUTO PTS NONE 12/31/01 $50,00 NONE 12/31/01 $25.00 000011 12/31/01 $89.25 000040 12/31/01 $615.50 000080 12/31/01 $110.00 000096 12/31/01 $153.19 000534 12/31/01 $1,035.02 000558 12/31/01 $78.00 000562 12/31/01 $115.00 000623 12/31/01 $53.94 001158 12/31/01 $283.54 001159 12/31/01 $91.95 001199 12/31/01 $874.05 001200 12/31/01 $514.00 001275 12/31/01 $299.14 001490 12/31/01 $28.60 001573 12/31/01 $544.75 001586 12/31/01 $240.69 002218 12/31/01 $577.50 002226 12/31/01 $81.19 002410 12/31/01 $852.18 002578 12/31/01 $14.95 002625 12/31/01 $475.86 002735 12/31/01 $25.00 002921 12/31/01 $88.00 003080 12/31/01 $247.01 003081 12/31/01 $8.98 003097 12/31/01 $95.00 004150 12/31/01 $155.22 005062 12/31/01 $10.03 005251 12/31/01 $535.00 005258 12/31/01 $249.34 006015 12/31/01 $684.55 006079 12/31/01 $31.36 006283 12/31/01 $246.01 006299 12/31/01 $41.54 006325 12/31/01 $148.50 006405 12/31/01 $710.55 007240 12/31/01 $4,292.38 007321 12/31/01 $20.00 008100 12/31/01 $388.59 008116 12/31/01 $2,478.21 008119 12/31/01 $356.22 010080 12/31/01 $3,700.42 011010 12/31/01 $302.51 011250 12/31/01 $65.08 011365 12/31/01 $12.00 012462 12/31/01 $20.70 012485 12/31/01 $300.00 012510 12/31/01 $521.91 Pa~e 7 A/P CHECK LISTING FOR THE MONTH OF DECEMBER 2001 8! 58454 58455 58456 58457 58458 58459 58460 58461 58462 58463 58464 58465 58466 58467 58468 58469 58470 58471 58472 58473 58474 58475 58476 58477 58478 58479 58480 58481 58482 58483 58484 58485 58486 58487 58488 58489 58490 58491 58492 58493 58494 58495 58496 58497 58498 58499 58500 58501 58502 58503 SERVICES-ENG SERVICES-WWTP SERVICES-MAINT SERVICES-VARIOUS SUPPLIES.LIBRARY SUPPLIES-PARKS SUPPLIES-PARKS SUPPLI ES-PARKS SERVICES-WATER SUPPLIES-LIBRARY SERVICES-POLICE SUPPLIES.WWTP SUPPLIES-LIBRARY SUPPLIES-PARKS SUPPLIES-VARIOUS SUPPLIES-LIBRARY REIMBURSE-PARKS SUPPLIES.WWTP SUPPLIES-LIBRARY SERVICES.PUB WKS SERVICES-ENG SUPPLI ES-VARIOUS SU PPLI ES-LI BRARY SUPPLIES-VARIOUS SERVICES-VARIOUS SUPPLIES-POLICE SERVICES-FI NANCE SERVICES-PARKS SERVICES.PLAN SERVICES. POLICE SERVICES-C GARAGE SU PPLI ES- LIBRARY SU PPLt ES-LI BRARY SUPPLIES-PLAN REIMBURSE-RSVP REIMBURSE-RSVP REIMBURSE-RSVP REIMBURSE-RSVP REIMBURSE-RSVP REIMBURSE-DAR REI MBURSE-DAR REIMBURSE-DAR REI MBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE. DAR REIMBURSDVARIOUS REIMBURSE-DAR REIMBURSE.DAR REIMBURSE-DAR MULTI TECH ENG 012682 12/31/01 $986.51 NEXTEL COMM 013188 12/31/01 $491.94 NW ELEVATOR 013275 12/31/01 $900°00 ONE CALL CONCEPTS 014054 12/31/01 $37.80 OXMOOR HOUSE 014710 12/31/01 $29.91 PEPS1 COLA 015225 12/31/01 $228.05 PORTLAND BOTTLING 015415 12/31/01 $56.16 PROMOTIONS WEST 015563 12/31/01 $1,275.80 PROTECTION ONE 015566 12/31/01 $63.00 QWEST DEX 016203 12/31/01 $39.19 RAIN 017042 12/31/01 $14,406.50 JACK RAWLINGS 017054 12/31/01 $443.02 REGENT BOOK 017148 12/31/01 $24.54 ROTHS 017340 12/31/01 $97.01 LES SCHWAB TIRE 018300 12/31/01 $234.72 SENTIMENTAL PROD 018393 12/31/01 $82.95 BRIAN SJOTHUN 018456 12/31/01 $34.57 SIERRA SPRINGS 018460 12/31/01 $103.00 SUNSET BOOKS 018817 12/31/01 $33.35 3DI LLC 019004 12/31/01 $5,400.00 TEK SYSTEMS 019046 12/31/01 $368.00 CORPORATE EXPRESS 019100 12/31/01 $1,047.86 THOMAS BEELER 019142 12/31/01 $97.60 UNOCAL 020010 12/31/01 $418.18 VERIZON WIRELESS 021124 12/31/01 $1,121.36 VEST SHIELD 021130 12/31/01 $55.31 VP CONSULTING 021260 12/31/01 $532.00 WILL CHAP RED CROSS 022328 12/31/01 $315.00 WI NTERROWD PLAN 022438 12/31/01 $843.58 WBN FLORIST 022600 12/31/01 $35.00 WBN RADIATOR 022700 12/31/01 $209.00 WORLD BOOK 022810 12/31/01 $750.00 WORLD MEDIA 022815 12/31/01 $173.13 YES GRAPHICS 024025 12/31/01 $252.00 BILL FAULHABER 035240 12/31/01 $35.00 DONNA GRAMSE 035260 12/31/01 $25.00 VADA OWENS ~ 035590 12/31/01 $14.00 JUNE WOODCOCK 035648 12/31/01 $19.00 JAY WOODS 035763 12/31/01 $35.00 DOROTHA BORLAND 045100 12/31/01 $50.53 SALLY BUSE 045110 12/31/01 $40.30 CORNELIUS DONNELLY 045230 12/31/01 $59.83 LEONARD GIAUQUE 045290 12/31/01 :$158.72 AGNES HAGENAUER 045310 12/31/01 $84.01 FRED HAYES 045315 12/31/01 $210.80 ROBERT HURST 045318 12/31/01 $34.10 BEULAH JORDAN 045320 12/31/01 $119.94 J WARD O'BRIEN 045497 12/31/01 $81.84 GERTRUDE REES 045545 12/31/01 $25.42 STEVE STURN 045585 12/31/01 $73.43 Page 8 A/P CHECK LISTING FOR THE MONTH OF DECEMBER 2001 8I $573,427.40 Page 9 CITY OF WOODBURN Community Development 8,1 MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5250 Date: To: From: Subject: January 2, 2002 Jim Mulder, Community Development Director Building Division Building Activity for December 2001 1999 2000 2001 Dollar Dollar Dollar No. Amount No. Amount No. Amount New Residence Value 34 $3,353,364 6 $1,055,821 18 $1,916,999 Multi Family 0 $0 0 $0 0 $0 Residential Adds & Alts 6 $753,206 1 $15,000 2 $55,882 Industrial 0 $0 0 $0 0 $0 Commercial Value 0 $0 2 $3,200,000 2 $3,435,082 Signs, Fences, Driveways 7 $27,890 1 $3,500 0 $0 Manufactured Homes 0 $0 0 $0 2 $89,000 TOTALS 47 $4,134,460 10 $4,274,321 24 $5,496,963 July 1 -June 30 Fiscal Year To Date $20,061,168 $9,045,112 $31,256,690 I:\Community Development~Bldg~Building Activity~Building Activity - 2001\activity - December 2001 .wpd 8K Memorandum Date: January 9, 2002 From: David Torgeson, Assistant City Engineer To: City Council, Through City Administrator Re: Sewer Pump Stations - Update Two of the city's sewer pump stations, Greenview and Industrial Way, have reached the end of their useful life. Greenview pump station had been given higher priority, and was placed on CIP upgrade program, however, the industrial Way station has failed, and is currently operating with temporary submersible pump and control equipment. Both stations were completed at approximately the same time (about 1974). Both stations were equipped with vacuum lift pumps, for which replacement parts are no longer available. The Greenview station is listed in the Capital Improvement Program. Work is planned to extend through two fiscal years, with completion sometime in early 2004. The work is estimated to cost $250,000.The CIP was prepared before the failure of the industrial Way unit. The present operation at Industrial Way does not include the redundancy and other safeguards that are generally required by DEQ. Modest expenditures from current budgets, and employment of city forces will bring temporary operation of the station closer to compliance. The most urgently needed improvements are: o Trench and bury discharge line from submersible pump. o Install in conduit and bury electrical supply and control cables. o Place standby engine-driven sewer pump at site. o Enable high water alarm, and connect by phone line to Operations. It is not suggested that the Industrial Way work gain precedence over Greenview. The age and condition of Greenview would permit a failure at any time, such as has already occurred at Industrial. Failure of Greenview has the potential for disturbing greater numbers of the public, owing to its residential setting. Rehab of both stations should remain high priority, t No decisions by the Council are needed at this time. Council should be aware, however, that some resources budgeted for the Greenview pump station upgrade may be utilized for Industrial Way. Staff will continue to address and resolve problems at these locations, as they may arise. City Council approval will be requested after staff has competed the engineering plans, and project is ready for construction contract award. - EMORAHDUM 8M W66DUU To-~ Through: From: Date: Subject: Mayor and Council John Brown, City Administrator Mary Tennant, City Recorder ~ January 10, 2002 Special Election Filing - Urban Renewal Plan On September 11, 2001, referendum petitions were filed with the City Recorder's office which would refer to the voters City Ordinance No. 2298 adopting the Woodbum Urban Renewal Plan. The petitions were submitted to the Marion County Elections office for certification of signatures which resulted in 898 signatures being certified. This number exceeded the 10% requirement per State Elections law thereby requiring the placement of the referendum on the "March 12, 2002 election date. The attached Notice of City Measure Election, along with the Explanatory Statement, was filed with the Marion County Elections office prior to the January 10, 2002, 5:00 p.m. deadline. Since this is a Vote by Mail Election, ballots will be sent out to registered voters within the City on February 22,2002. Additionally, City Hall will be a drop-off site for ballots and, on election day, the Elections Division will provide a staff member to monitor the drop-box at City Hall between the hours of 5:00 pm and 8:00 pm. sz~. 8o2 Rev. 919'? NOTICE OF CITY MEASURE ELECTION WOODBURN (Name of city) 8M OR5~ ORS 25~.095 ORS :~[465 Notice is hereby given that on a measure election will be held in TUESDAY , MARCH 12, 2002 (Day of week) WOODBURN (Name of city) (Date of election) Ma r i on County, Oregon. (Name of county) The county clerk has advised us (SELECT ONE): [--] The election will be conducted at the polls. The polls will be open from 7:00 a.m. to $:00 p.m. ~-] The election will be conducted by mail. The following shall be the ballot title of the measure to be submitted to the city's voters on this date: CAPTION (10 Words) Referendum on Woodbum Urban Renewal Plan. QUESTION (20 Words) Shall the Woodbum Urban Renewal Plan be adopted? SUMMARY (175 Words) The City Council passed Ordinance 2298~ which adopted the Woodbum Urban Renewal Plan. This ordinance was referred to the voters by referendum petition. The Urban Renewal Plan defines the urban renewal area boundaries and goals and describes urban renewal projects. Projects include street, curb, sidewalk and streetscape improvements; pedestrian, bike and transit facilities; public parking facilities; public open spaces; public safety improvements; loans and grants to improve buildings; housing rehabilitation; and public art. Projects will be financed by tax increment financing, which is the growth in taxable value in those properties located within urban renewal district boundaries. The maximum indebtedness under the Urban Renewal Plan is $29,300,000. The purpose of the Urban Renewal Plan is to rehabilitate and redevelop blighted areas consistent with the Woodbum Comprehensive Plan. The Plan will be administered by the Woodbum Urban Renewal Agency, which consists of the Woodbum City Council acting in a different legal capacity. The Urban Renewal Plan authorizes the Agency to proceed with the urban renewal projects, make loans and grants, and acquire and dispose of property. The following.. ~--- wauth°rized cit-,Z official hereby certifies the above ballot title is true and complete. SignatUre of~uthorized city official (not required to be notarized) Date signed Printed name-6f authorized ciO official Title ' TI 8M The Woodburn City Council passed Ordinance 2298 on August 13, 2001, which adopted the Woodburn Urban Renewal Plan. This matter was referred to the voters by referendum petition. Under Ordinance 2298, the purpose of the Urban Renewal Plan is to rehabilitate selected areas in Woodburn. The Plan outlines work to be completed and financed over the next two decades to improve highways, streets, water and sewer systems; improve housing; and revitalize the condition, appearance and economic viability of Woodburn's Downtown. The Plan establishes urban renewal area boundaries, and goals, and describes urban renewal projects. Urban Renewal area boundaries encompass Downtown Woodburn, Young Street, North and South Front Streets, sections of Highway 214 and 99E, a limited number of parcels adjacent to Highway 214 and 99E, and one parcel adjacent to Interstate 5. Less than 10 percent of Woodburn is included in the urban renewal area. Urban renewal funding will be used for widening Highway 214, rebuilding and widening North and South Front Streets, and making paving, circulation, sidewalk, drainage and landscaping improvements within area boundaries. Planned activities in the Downtown include street, sidewalk, landscape and lighting improvements, street furnishings and public art, building renovations and fagade improvements, creation of public spaces, business incubation and small businesses assistance. These activities are estimated to cost $23,104,000. The Plan will be administered by the Woodburn Urban Renewal Agency, which currently consists of the City Council acting in a different Legal capacity. The Plan authorizes the Agency to proceed with renewal projects, make loans and grants, and acquire and dispose of property. Projects will be funded by tax increment financing, which is the growth in property tax generated from only those properties located within urban renewal boundaries. Urban renewal financing will not increase tax rates. It allocates a share of the tax growth that would otherwise be! distributed to existing taxing bodies, to the Agency. The Plan allows the Agency to borrow money. The maximum indebtedness under the Urban Renewal Plan is $29,300,000, which would be repaid from tax increment financing. The City Council is concerned with traffic circulation and the condition and appearance of the Downtown and other areas in Woodburn. A September 2000 study found conditions within the proposed urban renewal area included under- use; inadequate streets, rights of way and utilities; obsolete and deteriorated buildings; and depreciated property values. City funds are not available to remedy or to comprehensively address these concerns. The Council selected ,SM - Urban Renewal as a means of financing improvements, programs, and activities deemed necessary by the City Council to remedy these conditions. A "yes" vote on this measure will enact the Urban Renewal Plan, and allow the City to undertake the improvement projects, programs and activities in the Plan. A "no" vote on this measure would reject the Urban Renewal Plan. If the Plan is rejected, no tax increment financing will be available for improvement projects, and the City cannot implement the Urban Renewal Plan for one year. MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator' Public Works Program Manager End of Fall 2001 Leaf Pickup Period January 9, 2002 The city's annual special effort to pickup leaves ended on December 21, 2001. Street Department crews have done some minor pickup of remaining leaves .since that time. At this time, the street sweeping program has returned to its regular once per month schedule and is no longer supported by truck and backhoe crews used for leaf pick up. Residents need to be aware that placement of material such as leaves, grass or any other material on the street surface is a violation of city ordinance. While the city does not recommend putting leaves in the street, for the convenience of residents and to provide extra safety for school age children, council has authorized extra leaf removal effort from streets during the fall. This extra leaf removal effort starts in the first week of November and ends after the third week of December. To keep this useful program working well, residents are requested not to deposit leaves in the street after the third week of December. The yard debris recycling program is the suggested method for residents to dispose of leaves remaining in residents yards. Those residents with a larger amount of leaves can store them and fill the yard debris container each week until they are all picked up. Some other options for disposal include: 1. Composting on private property. 2. Pickup at residence. United Disposal employees will pick up bagged leaves as a part of regular service with regular charges. 3. Composting at Marion County site. Marion County is composting yard waste, which can be dropped at the North Marion Station located at 17827 Whitney Lane, NE near the ash disposal site. Information on cost and conditions can be obtained by calling 981-4117. 80 MEMO TO: FROM: City Council through City Administrator Public Works Program Manager SUBJECT: I-5 Sign Bridge Update DATE: January 9,2002 The construction of the I-5 sign bridges began on Monday, January 7, 2002. The construction of the sign bridges should be complete by February 1, 2002. The construction project will place poles, similar to those used for traffic signal masts, that will extend across the east and west ends of the bridge over I-5. Signs will be mounted on the arms of these poles that will inform motorists the proper lane to be in to make the turn onto either north or south bound I-5. The signs will also direct motorists which lane to be in for through movements across the bridge. IOA CITY OF WOODBURN Community Development MEMORANDUM 270 Montgomery Street Woodbum, Oregon 97071 (50~ g82-5246 Date: To: From: Subject: January 14, 2002 Honorable Mayor and City Council thru City Administrator~' Jim Mulder, Director of Community Developmen~ \/ City Council Review of Planning Commission D~cision on Site Plan Review Modification No. 01-10 (Woodburn Company Stores) - Continued from November 13, 2001 RECOMMENDATION: It is recommended that the City Council continue this hearing to its regularly scheduled meeting of January 28, 2002. BACKGROUND: The City Council held a public hearing on this matter on November 13, 2001. The Council received oral and written testimony and evidence at the hearing. The Council continued the public hearing to January 14, 2002 with the following stipulations: · The staff report will be made available for public review on December 17, 2001. · New evidence and written arguments must be submitted by January 4, 2002. · Oral testimony will be received at the January 14, 2002 hearing. The applicant granted the City an extension of the state 120-day land use application processing rule until 5:00 p.m. on January 30, 2002. The Council met in a special meeting on December 19, 2001 and adopted a Revised Order of Procedure. The order of procedure was modified as follows: · The public hearing was continued to January 28, 2002. · The staff report will be made available for public review on December 31, 2001. · New evidence and written arguments must be submitted by January 18, 2002. The applicant agreed to the revised procedures and granted the City an extension of the state 120-day land use application processing rule until 5:00 p.m. on February 15, 2002. Notice of the Revised Order Of Procedure was given to the applicant and other parties that participated in the November 13, 2001 hearing. However, anyone else that may have been at or aware of the November 13, 2001 public hearing has not received notice of the continued public hearing and may be present at this meeting. Therefore, it is necessary to continue the hearing at this meeting to January 28, 2002. MEM 11A Woodburn Recreation and Parks Department · 270 Montgomery Street * Woodburn, OR 97071 (503) 982-5264 · Fax (503) 982-5244 Fro~ D. Randall Westfick, Recreation and Parks Director January 8, 2002 Parks and Recreation Systems Development Charges (SDC) Revision RECOMMENDATION: Approve the attached resolution setting the amounts of the parks and recreation systems development charges, alternative rate review and alternative payment request imposed by Ordinance No. 2250; and establishing an effective date of January 15, 2002 for imposition of the fees. BACKGROUND: Ordinance 2250 includes a provision for the City Administrator to adjust the rates to account for increased cost for construction and land acquisition. This adjustment will take effect January 1 of each year. Staff has collected the data for use in the formula to calculate this amount. The formula, as outlined in the Ordinance, uses the Engineer Record News Construction Cost Index for Seattle to calculate increased construction costs and Marion County Assessor's Office Average Market Value to calculate increased cost for land costs. The formula is: Change in Average Market Value x .50 + Chan,qe in Construction Cost Index x .50 = Systems Development Charge Adjustment Factor A detailed calculation is attached. Taking into account these two indexes, the adjustment factor is 9.39% ~ Attachments: Parks and Recreation SDC Revision Calculations - January 1, 2002 Parks and Recreation SDC Resolution 11A Parks and Recreation SDC Revision Calculations January l, 2002 January 2001 Parks and Recreation SDC Adjustment Calculation Adjusted Index January 2000 Market Value January 2001 Market Valu~ Change in Value x 50% January 2000 CCI January 2001 CCI Change in Value x 50% Annual Adjustment Rate Value $1,000,035,833 $1,155,348,830 7137.17 7368.25 Change 0.5777 0.5162 1.0938 Revised Parks and Recreation Annual Proposed Adjustment Rates Unit Current Rate Factor w/Adjustment Single-Family/Dwelling Unit $1,267 1.0938 $1,386 Multi-Family/Dwelling Unit $1,379 1.0938 $1,508 Manufactured Housing/Dwelling Unit $850, 1.0938 $930 Non-resi(~e~tial/Employee $23 1.0938 $25 11A COUNCIL BILL NO. RESOLUTION NO. 2365 A RESOLUTION SETTING AMOUNT OF THE PARKS AND RECREATION SYSTEMS DEVELOPMENT CHARGE, ALTERNATIVE RATE REVIEW FEE, ALTERNATIVE PAYMENT REQUEST FEE IMPOSED BY ORDINANCE NO. 2250; AND ESTABLISHING AN EFFECTIVE DATE FOR IMPOSITION OF THE FEES WHEREAS, ORS 223.297 - 223.314 authorizes local governments to impose system development charges; and WHEREAS, the City has developed methodologies to support the implementation of Parks and Recreation Systems Developmem Charge; and WHEREAS, the City has adopted Ordinance No. 2250 establishing Parks and Recreation Systems Development Charge; and WHEREAS, Ordinance No. 2250 provides that the amounts of the Parks and Recreation and Parks Systems Development shall be set by resolution; and WHEREAS, Ordinance No. 2250 provides for the imposition of fees to be charged for the review of alternative rates and alternative payment requests; and WHEREAS, Ordinance No. 2250 provides that the amounts of the fees to be charged for the review of alternative rates and alternative paymem requests shall be set by resolution; NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1.PARKS AND RECREATION SYSTEMS DEVELOPMENT CHARGE. The schedule of Parks and Recreation Systems Development Charge attached as Exhibit "A", and, by this reference, incorporated herein is hereby adopted to be imposed beginning the effective date identified in Section 3 of this resolution. Section 2. ALTERNATIVE RATE REVIEW FEE The minimum fee for review of an alternative rate calculation shall be two-hundred-and- fifty dollars ($250), to be paid at the time the alternative rate calculation is submitted for review. If the City hires a consultant to assist in reviewing the information submitted, the cost of the consultam's review shall be shared equally by the City and the applicant, and the applicam shall pay this additional fee at the time the City decides whether or not to accept the alternative rate. Page I - Council Bill No. Resolution No. 'liA' Section 3. EFFECTIVE DATE The effective date for imposition of the fees and charges identified in this resolution shall be January 15, 2002. Section 4. REPEAL This Resolution repeals all prior resolutions which Systems Development Charges. City Attorney establish Parks and Recreation Date APPROVED: Richard Jennings, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennam, Recorder City of Woodbum, Oregon Page 2 - Council Bill No. Resolution No. EXHIBIT "A" llA PARKS SYSTEM DEVELOPMENT CHARGE SCHEDULE Effective: January 15, 2002 DEVELOPMENT TYPE Single Family (also duplex, Manufactured housing not in a park) SDC PER UNIT $1,386/dwelling unit Multi-Family $1,508/dwelling unit Manufactured housing (in a park) $ 930/dwelling unit Non-residential $ 25/employee MEMO liB To: FROM: VIA: DATE: SUBJECT: Mayor and City Council Matt Smith, Management Analyst John C. Brown, City Administrator January 14, 2002 Woodbum Personnel Policies and Procedures Manual Revision RECOMMENDATION: It is recommended the City Council adopt the attached ordinance adopting the revised Woodburn Personnel Policies and Procedures Manual. BACKGROUND: Council adopted the current personnel manual in June, 1991. A number of minor administrative changes have been made to the manual since that time to account for changes in City policy and Federal and State law. Further changes in Federal and State law, City policy, and management's expressed desire to improve the manual prompted the City Administrator to assign senior City staff to review the current manual, and develop a revision that incorporates changes in Federal and State law, best practices of other municipalities and those recommended by City senior management, and improvements recommended by legal and human resources professionals. The manual revision has undergone intensive legal review by the City Attorney, and is deemed consistent Federal and State law. AFSCME union representatives were also afforded the opportunity to comment on the amended revision, and their comments were taken into account. DISCUSSION: The manual contains extensive additions, deletions, dpdates, and clarifications throughout the document. A brief synopsis of the changes with policy implications are as follows: · The section regarding personnel records more clearly defines records accessability procedures to ensure the confidentiality of employee records (Section 1.12). · The position selection procedure description explicitly states that the selection of new employees "shall be made on the basis of merit .... ,[and that] city employees who are among the finalists may be given preference, if, in the City's judgement, they are at least as well qualified as any other finalist." (Section 2.11) · The job offer provision reflects the City's practice of using "conditional offers of employment" for position finalists. A conditional offer of employment procedure is established to require prospective employees to successfully complete, as necessary, background investigations, pre-employment drug tests, and medical examinations (Section 2.13B). This section also includes two new requirements: llB Positions requiring a background investigation for purposes of confidentiality or public safety are identified and listed in Appendix B of the manual. Pre-employment drug screes are required for all candidates receiving a conditional offer of employment. · Unenforceable residency requirements are all removed (Section 3.15). The tuition reimbursement provision has been made consistent with the agreement negotiated with AFSCME (Section 5.7). The modifications clarify the procedure used by employees to request reimbursement for tuition, and defines eligible coursework. Eligibility for recall following layoff is extended from 18 months to 24 months to conform with the union contract (Section 7.8). The performance review process section clarifies the sequence of events in the evaluation process, and the deadlines for submitting evaluation paperwork (Section 8.4). The modifications also explicitly tie the performance review process to the merit review process. The merit pay increase provision is changed to clarify when employees are considered for merit pay increases (Section 7.4D). Performance bonus language is eliminated to reflect current practice, and the certificate pay provision is updated to conform with negotiated changes regarding certificate pay in the union contract. The provision regarding employees demoted for reasons other than disciplinary action now states that the employee will have!his/her pay reduced, as long as said reduction is within the range of the lower classification (Section 7.4E[5]). The provision allowing mid-month pay draws is removed, due to the inability of the new financial system to accommodate draws (Section 8.12C). Emergency draws are limited to 50% an employee's net monthly pay, and employees are limited to two requests per calendar year (Section 8.12D). A reasonable accommodation provision is added to the holiday leave section, allowing employees to request time off to observe religious holidays not observed by the City, utilizing comp time, vacation time, or time off without pay (Section iO.1E). Staff Report re Personnel Policies and Procedures Manual Revision danuary 14, 2002 · Page 2 of 3 A provision is added regarding procedures for assigning leave as a result of inclement weather (Section 10.10). Many provisions are added to the Employee Conduct section (Section 11), including: 0 o 0 0 0 o 0 0 0 Attendance and Punctuality Personal Appearance and Conduct Witnessing Improper Actions Solicitation on City Property Vehicle Use Telecommunications Use Political Activity Cost and Environmental Consciousness Workplace Violence Also added to this section are a number of activities defined as improper employee conduct, including: gambling during work hours or on City premises; carrying or possessing firearms, explosives, or dangerous weapons on City property, including City parking lots; and outside employment or private activities that are conducted on City time. The Discipline and Grievance procedures section (Section 12) is revised to conform with the union contract, and to strengthen post-termination grievance procedures. The Safety/Risk Management section clearly defines the responsibilities of executive management, management, supervisors, and employees in the safety/risk management program (Section 13). A health and wellness provision is also added to the section (Section 13.5). The tobacco use policy is changed to prohibit tobacco use in all City facilities and grounds, except outdoor areas specifically identified as tobacco use areas (Section 13.5B). The existing Network User's Policies are incorporated into the manual, and modified to clearly state what the City expects of employees in their use of network assets. liB CONCLUSION: Attached, for your approval, is the adopting ordinance and revised Personnel Policies and Procedures Manual. Staff Report re Personnel Policies and Procedures Manual Revision danuary 14, 2002 ,Page 3 of 3 COUNCIL BILL NO. 2366 ORDINANCE NO. AN ORDINANCE ADOPTING WOODBURN PERSONNEL POLICIES AND PROCEDURES MANUAL FOR CITY EMPLOYEES, AND REPEALING ORDINANCE NO. 2065. ,1lB WHEREAS, human resources decisions in the City of Woodburn are guided by the Woodburn Personnel Policies and Procedures Manual, State and Federal law, and collective bargaining agreements; and WHEREAS, the Woodburn Personnel Policies and Procedures Manual was adopted in June, 1991; and WHEREAS, it is understood that the Manual requires revisions and updating from time to time in order to remain effective in assisting City personnel in answering daily operating questions and in making routine management decisions, and to remain consistent with applicable State and Federal law; and WHEREAS, the City's executive management and AFSCME union representatives were afforded the opportunity to review and comment on the proposed revision; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The Woodburn Personnel Policies and Procedures Manual revision, a copy of which is attached and incorporated by this reference, is hereby adopted and made applicable to city employees as provided therein. Section 2. Ordinance 2065 is hereby repealed. Approved as to form: City Attorney Date APPROVED: , Passed by the Council: Richard Jennings, Mayor Submitted to the Mayor: Approved by the Mayor: Filed in the Office of the City Recorder: ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon MEMO To.' From: Subject: Date: For Council Action, through the City Administrator Randy Scott, Senior Engineering Technician, through the Public Works Director Authorization to Prepare an Engineering Report on East Hardcastle Avenue. January 8, 2002 llC RECOMMENDATION: It is being recommended that the City Council pass the a~tached Resolution directing the City Engineer to prepare an engineering report to be used for initiating a Local Improvement District on East Hardcastle Avenue. BACKGROUND: East Hardcastle Avenue currently provides two narrow travel lanes, no curb and a sidewalk on the south side only. The condition of the existing street surface is in poor condition and needs to be replaced. The street will be improved to provide for safer vehicle and pedestrian traffic. East Hardcastle Avenue is identified in the capital improvement program for funding during the fiscal year 2002/03 and 2003/04. Ordinance No. 2105 outlines the procedures for local improvements and special assessments. The ordinance stipulates improvements can be initiated by the City Council when the Council considers it necessary to require the improvements. The procedure requires that prior to the initiation of the local improvement district the Council shall direct the City Engineer to make a survey of the improvement and present a written report. The resolution being presented will direct the staffto prepare an engineering report in accordance with Ordinance No. 2105. The report will include the district boundary; preliminary plans and estimates, including estimated legal and administrative costs and the proposed method of cost distribution. If after review of the engineering report, council elects to initiate the local improvement district, the resolution of intent to construct the project would set a public heating to receive input from the affected property owners. ~ llC COUNCIL BILL NO. RESOLUTION NO. 2367 A RESOLUTION DIRECTING THE CITY ENGINEER TO PREPARE AN ENGINEERING REPORT FOR STREET IMPROVEMENTS ON EAST HARDCASTLE AVENUE FROM PACIFIC HIGHWAY 99E TO THE EAST CITY BOUNDARY. WHEREAS, the City Council considers the street improvement on East Hardcastle Avenue to be necessary and beneficial; and WHEREAS, a portion of the cost associated with this improvement project may be allowed to be assessed against the benefited properties; and WHEREAS, only benefited properties as determined by the City Council after public input and after passage of the appropriate ordinance will be subject to said assessment; and WHEREAS, the City Council has established procedures for the assessment process by Ordinance No. 2105; NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: The City Engineer is directed to prepare an Engineer's Report in accordance with Ordinance No. 2105 regarding street improvements on East Hardcastle Avenue from Pacific Highway 99E to the East City Boundary Approved as to form:~,~~ I'"' Il'" ~0 ~.. City Attorney Date APPROVED: Richard Jennings, Mayor Passed by Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Recorder City of Woodbum, Oregon .... City of Woodburn Police Department 270 Montgomery Street STAFF REPORT Woodburn, Oregon 97071 (503) 982-2345 Date: From: To: Through: January 8, 2002 Paul Null, Chief of Polic Mayor and City Council John Brown, City Administrator "~ Subject: Marion County-City of Woodbum Peer Court Agreement Recommendation: The City of Woodbum enter into an ORS 190 Peer Court agreement with Marion County. In June 2001, the city council approved receipt and allocation of Juvenile Accountability Block Grant (JAIBG) funds for Woodbum Peer Court in the amount of $7,166. The grant program is administered by the Office of Juvenile Justice and Delinquency Prevention and is designed to promote greater accountability among juveniles who are involved in the juvenile justice system. The grant funds received from JAIBG will be used as partial funding for Woodbum's Peer Court Program. The grant funds received are being passed offto Marion County Sheriff's Office who is administering the local Peer Court Program. The intergovernmental agreement allows for the transfer of grant funds to Marion County. Such intergovernmental agreements are authorized under Oregon Revised Statute Chapter 190. liD lid · COUNCIL BILL NO.. 2368 RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH MARION COUNTY FOR COORDINATION OF THE WOODBURN YOUTH PEER COURT. WHEREAS, in June 200 I, the City of Woodburn received a Juvenile Accountability Block Grant to be used as partial funding of the Woodbum Youth Peer Court, and WHEREAS, the Marion County Sheriff's office will be administering the local Woodbum Youth Peer Court program, and WHEREAS, grant funds in the amount of $7,166 are being transferred to Marion County by the City for the administration of this program, and WHEREAS, ORS Chapter 190 authorizes intergovernmental agreements, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The Mayor is authorized to sign on behalf of the City of Woodbum the Intergovernmental Agreement with Marion County for administration of the Woodburn Youth Peer Court, a copy of which is affixed hereto as Attachment "A" and, by this reference, incorporated herein. Approved as to form~-~~ 1'- q" Z O0 Z N. Robert Shields, City Attomey Date Approved: Richard Jennings, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. INTERGOVERNMENTAL AGREEMENT CITY OF WOODBURN AND MARION COUNTY ATTAC, I~ENT ~ P~ge_ ! ,.of liD This Intergovernmental Agreement, hereafter called "Agreement", is between the City of Woodbum, acting by and through its Police Department, hereina/~er called "WOODBURN", and Marion County, acting by and through its Sheriff's Office, hereinai~er called "COUNTY". I. PURPOSE The purpose of this Agreement is to coordinate the program known as the Youth Peer Court. The Woodburn Police Department, Woodburn School District, Woodburn Together, Woodburn Fire Department and the Marion County Sheriff's Office have developed this Youth Peer Court and seek to implement a cohesive, community-based program of prevention and intervention for first time youth offenders. Within this program, youth, family and community members work together to promote personal and community commitment, accountability and responsibility. H TERlVI This Agreement becomes effective upon signature of all parties, and shah expire, unless otherwise terminated or extended by agreement of all parties, on June 30, 2002. HI STATEMENT OF WORK COUNTY shall accomplish this work outlined in Attachment A: Juvenile Accountability Incentive Block Grant Program, Application Narrative. IV CONSIDERATION WOODBURN shall disburse funds in the amount cited in Attachment B in accordance with the procedures cited in the Juvenile Accountability Incentive Block Grant. The maximum amount to be paid to SHERIFF by WOODBURN is :$7,962.00. It is understood that this Agreement depends solely upon availability of funds. COUNTY shall maintain accurate records and receipts of all expenses, including payroll, supplies, travel and training. "COUNTY'' shall invoice WOODBURN on a monthly basis, by providing an invoice with detailed repons and documentation of said expenses. Terms: Quarterly payments. il ' Page 2 V VII VIII ATTACHMENT P~e ~ of WOODBURN shall comply will all reporting requirements as outlined in the Juvenile Accountability Incentive Block Grant. GENERAL PROVISIONS The terms of this Agreement may not be waived, altered, modified, supplemented or amended, except by written agreement signed by all of the parties. WRITTEN NOTICE All notices regarding this Agreement should be sent to the parties at the following addresses: To WOODBURN Deputy Chief Scott D. Russell Woodburn Police Department 270 Montgomery Street Woodbum, Oregon 97071 To COUNTY Karen S. Taylor Contracts/Purchasing Officer Marion County Sheriff's Office PO Box 14500 Salem, Oregon 97309 TERMINATION This contract may be terminated by mutual consent of all parties, or by either party upon thirty (30) days notice in writing and delivered by certified mail or in person. Termination of this Agreement will not affect any obligations incurred prior to termination. LIABILITY AND INDEMNITY a. Each party shall indemnify and hold harmless the other party from any and all claims existing or arising out of acts or omissions caused by either party, its officers, employees or agents, within the limits of the Oregon Tort Claim Act.. Each party will maintain its status as an insured or self-insured employers in compliance with the Workers' Compensation coverage requirements of ORS Chapter 656. Each party shall maintain in full force and effect liabiiity and property damage insurance or self-insurance to cover any claims which may arise by virtue of its actions. 'lllY ATTACHMENT Page ~ of ,'~ 11D SIGNATURE PAGE CITY OF WOODBURN MARION COUNTY Signature Date Signature Date Title Title APPROVED AS TO FORM: Peggy Mitchell Date County Contracts Coordinator APPROVED AS TO FORM: Legal Counsel MARION COUNTY BOARD OF COMMISSIONERS Chairman , Date Commissioner Commissioner City of Woodburn Police Department 270 Montgomery Street STAFF REPORT Woodbum OR 97071 (503) 982-2345 Date: From: To: Through: January 8, 2002 Paul Null, Chief of Po 211 Mayor and City Coum , John Brown, City Administrator~/~// Subject: Liquor License Application - Senior Estates Golf and Country Club, Inc Drop and Add a Partner liE Applicants: Senior Estates Golf and Country Club, Inc 1776 Country Club Rd. Woodburn, OR 97071 Jeannette Huber 695 N. Pershing Street Mt. Angel, OR 97362 Duane Huber 695 N. Pershing Street Mt. Angel, OR 97362 Licence Type: Limited on Premise Sales and Off-Premise Sales On December 10, 2001, the Woodburn Police Department received an application for a liquor license from applicants Senior Estates Golf and Country Club, Inc. and Jeannette and Duane Huber. The application is to drop a previous licensee and add Jeannette and Duane Huber as a new partner. The police department has completed an in-depth background investigation on the applicants and found nothing of a questionable nature. Senior Estates R~staurant has been established for many years and a change in parmership is not unusual due to a change in restaurant management. Mr. and Mrs. Huber have recently taken over management of the establishment and plan to continue a full service restaurant. The police department completed a history of calls for service for the previous twelve months and found no liquor law violations at this establishment. Recommendation: The Woodbum City Council approve a Limited On-Premise Sales and a Off- premise Sales liquor licenses for Senior Estates Country Club and Mr. & Mrs Huber at 1776 Country Club Rd., Woodburn. CC OLCC Applicants TO: VIA: FROM: SUBJECT: John G. Brown, City Adminis.tr~t,o~.5- Kezia Merwin, Management Aflat~st II 2001-2002 Tourism & Economic Development Grant Funding 11} Recommendation: It is recommended that the City Council grant the Transient Occupancy Tax revenue earmarked for the above-referenced grant program in thc following manner: a not-m-exceed amount of $35,200 to the Chamber of Commerce and a not-to-exceed amount of $2,500 to the Woodburn Downtown Association. The funds will be distributed pursuant to grant agreements to be between the City and the grantees. Background: In fiscal year 2001-02, the Woodburn City Council appropriated two- ninths (22.222%) of the anticipated Transient Occupancy Tax (TOT) monies for tourism and economic development. Grant requirements and guidelines were also approved by the City Council. These monies are to be distributed through a competitive grant process to agencies who have tourism promotion or economic development as a fundamental part of their mission, who can forward the City Council's purposes in creating and allocating grant funding, and who can demonstrate the ability to deliver projects that will benefit the Woodburn economy. Discussion: Eligible projects pursuant to grant guidelines include those which: · Promote existing tourist attractions & events · Create a greater diversity of cultural events and activities that will attract tourists to the City of ~Voodburn · Promote diversification of the City's economic base · Promote projects and activities having the capacity to enhance long-term economic growth -1- · Promote and assist existing small businesses · Provide technical and financial assistance for the expansion of existing businesses · Provide technical and financial assistance for thc development of new businesses. Grant applications were submitted by the Woodburn Downtown Association and the Woodburn Area Chamber of Commerce. These applications were reviewed by City staff for clarity and content and, as necessary, the applicants were asked to augment their applications with additional information. The revised proposals were then re-evaluated by City staff and members of the local business community. The Review Panel included City Staff; Woodburn Inn owner, Ashish Mistry; and La Estrcllita Restaurant owner, Robert Pucntes. These business owners were invited to participate in the evaluation process due to their vested interest and expertise in promoting and encouraging tourism and economic activity. The panel members reviewed the applications individually and then discussed recommendations as a group. The consensus among the panel was that the Chamber of Commerce's proposal clearly furthers the objectives of the Tourism and Economic Development Grant Program, while the Woodburn Downtown Association's grant proposal less clearly demonstrates the ability to achieve tourism and economic development goals. Based upon the project feasibility, the review panel determined that the Chamber of Commerce should receive 80% ($35,200) of requested funds and the Woodburn Downtown Association should receive project funding of $2,500. The available grant funding has been determined from the projected T.O.T. for the fiscal year; therefore actual project funding may be subject to adjustments made based upon real revenue. The panel also recommends that a quarterly fund disbursement schedule be established in which the grant recipients are required to provide written progress reports prior to receiving future installments of funding. The terms of the funding disbursement is to be negotiated between the City and the grantees. -2-