Agenda - 07/22/2002e
AGENDA
WOODBURN CITY COUNCIL
~ Y22~ 2002 = 7.00
270Montgomery Street ~ ~ Voodburn Oregon
CALL TO OR!
ROLLCALL
~ER AND FLAG SALUTE
ANNOUNCEI~ iENTS AND APPOINTMENTS
Announcement ~:
A. Walt's ~kun - Saturday, August 17, 2002 - 8:00 a.m. at Centennial Park.
B. The filiag period for Mayor and City Council Wards III, IV and V
closes o¢ Tuesday, August 27, 2002 at 5:00 p.m. Election materials
are available at the City Recorder's office during regular business hours.
C. Music ia the Park: Tuesday, July 30, 2002 at 7:00 p.m. in Library
Park: I~vasion Nortefia - Latino music from northern Mexico.
Tuesda~ August 13, 2002 at 7:00 p.m. in Library Park: Roundhouse -
bluegrass favorites.
Appointments:t
D. Appointment of Rob Mill to Position 1 on the Woodburn Planning
CommiSsion, term expiring December 31, 2003 ...................... 3D
PRESENTATIONS/PROCLAMATIONS
Presentations:
A. Friend of the Parks Awards: Kevin Hendricks, Betty Guzman
and the Woodburn Barracuda Swim Team ......................... 4A
B. Community Center Planning Committee Presentation -
Perspective Sketches ............................................ 4B
C. Storm Drainage Master Plan ..................................... 4C
Proclamation:
D. National Night Out 2002 ......................................... 4D
5. COMMITTEF4 REPORTS
A. Chamber of Commerce.
B. Woodb,rn Downtown Association.
Page 1 - Council Agenda of July 22, 2002.
1~ T
o
Se
e
10.
11.
COMMUNICATIONS
BUSINESS FR~
Council consid~
CONSENT AG
and may be ena
the request of a
Ae
Be
)M THE PUBLIC (This allows the public to introduce items for
ration not already scheduled on the agenda.)
ENDA - Items listed on the consent agenda are considered routine
cted by one motion. Any item may be removed for discussion at
Council member.
Woodb~rn City Council minutes of July 8, 2002 ..................... 8A
Recommended action: Approve the Yr'oodburn City Council minutes.
Woodb~rn Public Library Monthly Report for May 2002 ............. 8B
Recommfnded action: Receive the report.
Staff re~ort concerning decision making process for multiple land use
decision$~ ...................................................... 8C
Recomntended action: Receive the report.
TABLED BUS]~NESS - None
PUBLIC HEARINGs - None
GENERAL BUISINESS
A.
Council ~ill No. 2408 - A resolution entering into Grant Agreement
No. 19759 with the State of Oregon and authorizing the City
Administrator to sign such agreement ............................. llA
Recomn~ended action: Adopt the resolution.
Council Bill No. 2409 - An ordinance amending Ordinance 2285 (The
Woodburn Traffic Ordinance); delegating to the Chief of Police
the authority to impose temporary street closures ...................
Recommended action: Adopt the resolution.
llB
Ce
Electrical lighting improvements along Evergreen Road and
Stacy Allison Way ............................................. llC
Recommended action: Approve option 1 for the electrical lighting
improvements by PGE along Evergreen Road and Stacy Allison Way
in the amount of $29,586.88.
Dw
Front Street access ramp ........................................ liD
Recommended action: Authorize the City Administrator to sign the
applicatiOn, and direct staff to submit Application for State Highway
Approach to Oregon Department of Transportation (ODOT).
Liquor license application: Fonzie's Deli ........................... liE
Recommended action: Approve a Limited On-Premise Sales liquor Hcense
for Fon~ie's Deli, 1585 N. Pacific Hwy, Woodburn.
Page 2 - Council Agenda of July 22, 2002.
~ wr ' ' I~ T
12.
13.
14.
15.
16.
17.
18.
PUBLIC COMMENT
NEW BUSINEI
A. Tree Pr~
Recomm
Commis,~
;S
servation ..............................................
endation: Provide policy guidance to staff and the Planning
'ion regarding the preservation of trees on private property.
13A
PLANNING C~)MMISSION ACTIONS - These are Planning Commission actions
that may be called up by the City Council.
A. Site Plan Review 02-05 - Farmworker Housing Education Center ..... 14A
CITY ADMINI~STRATOR'S REPORT
MAYOR AND ~OUNCIL REPORTS
EXECUTIVE ~ESSION
A. To consult with counsel concerning the legal rights and duties of a pnblie
body with regard to current litigation or litigation likely to be filed pnrsnant
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
Carry on labor negotiation pursuant to ORS 192.660(1)(d).
ADJOURNMENT
Page 3 - Council Agenda of July 22, 2002.
V T
ot) u N
Incorporated 1889
3D
July 17, 2002
Subject: Appointment to Planning Commission
To: All City CoFncilors
Since I have not heard any adverse comments to my July l0th memo I am recommending
the following appointment:
Rob Mill - To serve the unexpired term of Irv Fletcher who resigned. This
appointment will terminate on December 31 2003.
Thank you all for your support of my appointments.
Offic~ o[ the Mayor
270 Montgoraery Street · Woodburn, Oregon 9707~
Ph. 50~982-~228 * F4x
4A
Staff R rt
Woodbum Recreation and Parks Department
Date: July 12, 2002
To: Mayor and City
From: D. Randall We.~
RE: Friend of the P~
Council via John Brown, City Adminis~ato, i
trick, Recreation and Parks Director I Iv'
~rks Awards
To continue the City',, observance of National Recreation and Parks month, the Recreation
and Parks Department will present the annual Fdends of the Parks Awards at the July 22,
2002 City Council nleeting. These awards recognize organizations and indMduals who
throughout the previous year have assisted the Recreation and Parks Department in our
mission to help keep Woodbum healthy, happy and safe.
Past recipients of the
2001 · Joe Pardo, W
· Donna Gram.~
award have included:
Ilamette Soccer League Volunteer
.e, WMAC Volunteer
2000
·
·
Dallas Figley - Aquatic Center Volunteer
Church of JeSus Chdst of Ladder Day Saints, Woodbum First Ward - Senior Estates
Woodbum School District- Program Partner
1999
·
·
·
·
Raul Garcia - Volunteer Coach
Marion Zellner- Aquatic Center Volunteer
Woodbum Together- Program Partner
French Praide Rose and Garden Club - Cowan Park
1998
·
·
Don Hope, Abby's Pizza - Program Partner
Dave Christoff, Hallmark Properties - Program Partner
For 2002, the Department has nominated the following:
Kevin Hendricks - For the past three years, Kevin has served as Head Coach for the City's
junior football team. Kevin has provided excellent leadership in helping this new program to
thdve. In addition to (~oaching games and practices, he has generously given off-season time
in preparation and training and representing our community at league meetings.
Friend of lhe Parks Awards ® Page 2
Betty Guzman - Betty has been a ddving force in realizing improvements to N. Front Street
Park. She spearheaded an effort to raise funds for construction of a new toddler playground
at the Park. She has also has helped to plan other-improvements that include a safety fence,
secudty lighting and picnic area. Betty was out there on a wet and rainy spdng day when the
Chamber of Commertce Youth Leadership Committee helped build the playground.
Woodburn Barracqda Swim Team - A critical program component at the Woodbum
Memodal Aquatic C~nter is competitive swimming. The 'Cuda Club provides an excellent
opportunity for youn$ people in Woodbum to become better swimmers and excel in sport.
This volunteer-based group has reached out to develop partnerships with the City as it has
grown into significant! prominence on the local recreation and sports scene.
The Recreation and Parks Department has prepared plaques for the Mayor to present to
recipients at the Julyi22, 2002 City Council meeting. This year's nominees have truly helped
to make Woodbum aI Great Place to Live!
Attachments
~E tr
WPOD .uRN
Incorporated 1889
4A
July 10, 2002
Kevin Hendricks
632 Ironwood
Woodburn, OR 97071
Dear Kevin:
Each year the RecreatiOn and Parks Department recognizes the efforts of local organizations and
individuals who play a[pivotal role in helping us achieve our mission to help keep Woodbum healthy,
happy and sa.fe. To. re{ognize the significant contribution you have made to our community through
your leadership w~th ~e Junior Football program, the Department has nominated you to receive a
2002 Friend of the Pa~ks Award.
In commemoration o~ your service, Mayor Richard Jennmgs would like to present your Friend of
Parks award to you at ~e July 22, 2002 City Council meeting. The meeting is set for 7:00 p.m. m the
City Council Chamberiof City Hall. Please let me know if you can attend.
Thank you for your de~lication to Woodburn through the Recreation and Parks Department. Your
generosity has certainl~ helped to make Woodbum a Great Place to Live!
Sincerely,
D. ~nd~a~ trick
Recreation and Parks Director
270 Mostgowr~ Strtet· ;l/(~lkur~ Oregos ~70'/1
v T
W..OODB .u
Incorporated 1889
July 10, 2002
Betty Guzman
1045 N. First Street
Woodburn, OR 97071
Dear Betty:
Each year the Recreation and Parks Department recognizes the efforts of local organizations and
individuals who play a pivotal role in helping us achieve our mission to help keep Woodburn healthy,
happy and safe. To r~cognize the significant contribution you have made to our community through
your efforts to improve N. Front Street Park, the Department has nominated you to receive a 2002
Friend of the Parks Award.
In commemoration of your service, Mayor RichardJennings would like to present your Friend of
Parks award to you at the July 22, 2002 City Council meeting. The meeting is set for 7:00 p.m. in the
City Council Chamber of City Hall. Please let me know if you can attend.
Thank you for your dedication to Woodburn through the Recreation and Parks Department. Your
generosity has certainly helped to make Woodburn a Great Place to Livel
Sincerely,
D. ~n~d estrick
Recreation and Parks Director
Recreation and Parks Del2arUnent
~st~ttr~ Strttt * VF~*~llmrq Ort~
W..OODB .U
Incorporated 1889
4A
July 10, 2002
Troy Wicks
Woodburn Barracuda~ Swim Team
190 Oak Street /
Woodburn, OR 9707~
Dear Troy:
Each year the Recrea~on and Parks Department recognizes the efforts of local organizations and
individuals who play a~ pivotal role in helping us achieve our mission to help keep Woodburn healthy,
happy an.d safe. To recognize the significant contribution the 'Cuda Club had made to our
commumty; the Department has nominated your organization to receive a 2002 Friend of the Parks
Award.
In commemoration of your service, Mayor Richard Jennings would like to present your Club's
Friend of Parks award to you at the July 22, 2002 City Council meeting. The meeting is set for 7:00
p.m. in the City Coundil Chamber of City Hall. Please let me know if you can attend.
Thank you for your dddication to Woodburn through the Recreation and Parks Department. Your
generosity has certainly helped to make Woodburn a Great Place to Live!
Sincerely,
~strick
Recreation and Parks Director
4B
Staff R rt
Woodbum Recreation ~and Parks Department
Date= July 12, 2002
To:
From:
At the July 22, 200;
"unveil" for the Cit~
elevations of the pm
Recreation and P~
consultant Randy S~
Mayor and Ci~ Council via John Brown, City Administrator
I'
D. Randall W~ ~trick, Recreation and Parks Director ~
Community C..=nter Planning Committee Presentation - Perspective Sketches
City Council meeting, the Community Center Planning Committee will
Coundl a perspective sketch that will show conceptual perspective
~ building.
irks Department staff, Planning Committee members and project
~unders will be on hand to describe the sketches and answer questions.
Attached for the Mayor and Council's information is a copy of the Committee's work plan
through September! 9, 2002. Two significant dates to note include August 1, 2002 and
August 26, 2002. O~ August 1~t, staff will present to the Committee projected operating costs
and revenue for the Community Center. On August 26~, the Committee will recommend to
the City Council a COmplete funding package that will propose a November 5, 2002 general
election bond.
Attachment
COMMUI~ITY CENTER PLANNING COMMITTEE WORK PLAN 4]~
Revised -Jul), 12, 2002
DATE TASK(S) STATUS
May 16, 2002 c~ ~own Hall Meeting Complete
n /~pprove Revised Work Plan
June 27, 2002 n Select Elevation Option
o Draft Foundation Contact Letters Complete
n E,efine Role of Political Action Committee
July 11,2002 n F eview Elevation Progress
r~ Iq eview Refined Cost Estimates Complete
Jul), 22, 2002 e "~~,oll Out" Elevation - City Council Meeting Future
r~ Finalize Cost Estimates
August 1,2002 ~ Review Operating Revenue/Expense Projections Staff- In
a Iqecommend to City Council Bond Amount Progress
August 26, 2002 n C ity Council Al:)pmves Bond Future
September 9, 2002 c3 City Files Bond with County Elections Future
I
4C
MEMORANDUM
To: The MayOr and Council through City Administrator
Date:Fr°m: JulyDaVidl 7,T°~'ges°n'2002 Assistant City Engineer ~.
Subject: Storm Drainage Master Plan
Staff/Consultant ction
Gordon Merseth, P.E. Will make a presentation to the City Council. He will report on the
final Storm Water Masler Plan, which has received public input.
Background
Work on the original {tudy, which evaluated the capacity of both Mill Creek and Senecal
Creek, and provided the basis for the Master Plan document, began in 1996. Spurred by
the then-recent recollections of flooding in the city, the study provided new insights into the
function of the existir~g storm drainage system, and revealed improvements that were
necessary. An invento 3/of existing systems and an analysis of their hydraulic performance
were made. While in :inal Draft form, the Plan was presented to the public for comment.
Four public meetings .were advertised and held in February 2002. Public comment has
been incorporated in tile document.
Components of this d~)cument have been presented, during past two years, to the City
Council through work,'~hops and other presentations, the most recent in February 2001.
Findings of the study led to an examination of policies governing the construction of private
drainage facilities within the city. Council has previously also approved certain policies,
such as detention of rUnoff in new developments, which policies are now a part of the
proposed Plan.
Issues concerning quantity of storm water are adequately addressed by the Master Plan,
but action will be needed in the future to meet requirements of Federal and State agencies,
in regard to water quality. It is likely that Woodburn will be designated as a "MS4"
community. ("MS4" stands for "Municipal Separated Storm Sewer System", a category
devised by the Environmental Protection Agency. This designation will be accomPanied by
special regulations, still under preparation.) When the effect of water quality regulations are
known, it will be likely, as well, that physical improvements will be necessary. Financing the
improvements will require dedicated sources. Many communities have created a Storm
Drainage Utility that would operate on an enterprise fund basis, much like water and sewer
do currently. Questions concerning formation of a Utility have, so-far, received only
preliminary attention.
No action by the City Council is needed at this time. The consultant and staff will be
available to answer questions at the Council Meeting. Staff will return to Council during
August 2002, with a Resolution that will enable adoption of the Storm Drainage Master Plan
and related water-quantity polices contained in the Plan.
4D
PROCLAMATION
NATIONAL NIGHT OUT 2002
WHEREAS, t~he National Association of Town Watch is sponsoring a unique,
nationwide crime, drug and violence prevention program on Tuesday, August 6th,
2002 called "National Night Out"; and
WHEREAS, the "19th Annual National Night Out" provides a unique opportunity
for the City of Woqdburn to join forces with thousands of other communities across
the country in promoting cooperative police-community crime, drug and violence
prevention efforts; and
WHEREAS, all citizens of Woodburn play a vital role in assisting the Woodburn
Police Department lthrough joint crime, drug and violence prevention efforts in
Woodburn and is supporting "National Night Out 2002" locally;
WHEREAS, it is essential that all citizens of the City of Woodburn be aware of
the importance of crime prevention programs and the impact that their participation
can have on reducing crime, drug abuse and violence in Woodburn; and
WHEREAS, police-community partnerships and neighborhood safety and
awareness cooperation are important themes of the "National Night Out" program;
NOW, THEREFORE, I, MAYOR RICHARD JENNINGS, do hereby call upon all
citizens of Woodburn to join the Woodburn Police Department and the National
Association of Town Watch in supporting the "19th Annual National Night Out"
Tuesday, August 6, 2002.
FURTHER, LET IT BE RESOLVED THAT, I, MAYOR RICHARD JENNINGS, do
hereby proclaim Tuesday, August 6, 2002 as "NATIONAL NIGHT OUT" in the City of
Woodburn.
RICHARD JENNINGS, MAYOR
DATE
COUNCIL MEETING MINUTES
JULY 8, 2002
TAPE
READING
0001 DATE. COUN(~IL CHAMBERS, CITY HALL, CITY OF WOODBURN,
C---0--~TY OF MARION, STATE OF OREGON, JULY 8, 2002.
0010
0065
0097
CONVENED.
ROLL CALL.
Mayor
Councilm
Councilm
Councilm
Councilm
Councilm
Councilor
Staff Present: Ci
Tiwari, Public W
Finance Director
l'he meeting convened at 7:00 p.m. with Mayor Jennings presiding.
Jennings Present
Bjelland Present
Chadwick Present
Figley Present
McCallum Present
Nichols Present
Sifuentez Present
ty Administrator Brown, City Attorney Shields, Public Works Director
>rks Manager Rohman, Community Development Director Mulder,
Gillespie, Park Director Westrick, City Recorder Tennant
ANNOUNcEMeNTs.
A) Music in the park: Musical programs will be held in Library Park on Tuesday
evenings at 7:00 p.m. beginning July 16a' and concluding on August 27~. He urged the
public to attend one or more of these programs which have been well-attended in the past.
PROCLAMATION: JULY 2002 - RECREATION AND PARKS MONTH
Mayor Jennings read a proclamation declaring the month of July 2002 as Recreation and
0245
Parks month in the City and urged local citizens to visit our City parks, Aquatic Center,
and the Community Center and to participate in a program or special event.
CONSENT AGISNDA.
A) approve Council workshop minutes of June 18, 2002, and the regular and executive
session minutes o£ June 24, 2002;
B) accept the Planning Commission minutes of May 23, 2002 and June 13, 2002;
C) accept the Community Center Planning Committee minutes of June 27, 2002;
D) receive the sm
E) receive the Pol
F) receive the Pla
G) receive the B~
H) receive the lial
I) approve the cia
~xrner water use informational report;
ice Department Activity Report for May 2002;
.ming Tracking Sheet dated July 2, 2002;
ilding Activity Report for June 2002;
fility, auto, property, and workers' compensation insurance update; and
ms for May 2002.
8A
Page I - Council Meeting Minutes, July 8, 2002
COUNCIL MEETING MINUTES
JULY 8, 2002
TAPE
READING
FIGLEY/NICI~OLS... consent agenda be adopted as presented. The motion passed
unanimously.
0291
COUNCIL BII~
ORDINANCE
ALCOHOLIC
ARE CONDU(
WHERE A LI£
Council Bill 239
the regular meeti
for final action si
2397 (Second Reading) - AN ORDINANCE AMENDING
~/O. 2060 (PARK USE ORDINANCE) TO PROVIDE FOR USE OF
lEVERAGES IN CENTENNIAL PARK FOR EVENTS WHICH
I'ED PURSUANT TO A SPECIAL EVENT PARK USE PERMIT
ENSE HAS BEEN ISSUED BY OLCC.
was re-introduced by Councilor Chadwick. The bill was first read at
g of June 24, 2002, however, it has been brought back to the Council
nce it did not receive unanimous approval at the meeting in which it was
first introduced. ~
Councilor Nichols requested that the bill be read in full for the second reading. Mayor
Jennings directe~ the City Recorder to read the bill in full.
Administrator B~own stated that this ordinance would allow large special event activities,
such as the Berr~ Festival scheduled for the end of July at Centennial Park, the ability to
dispense alcohol]as part of the activities at that event. Current City ordinances have a
prohibition against the use of alcohol in any City park since there had been a concern
amongst a number of previous Councils with respect to individuals and/or groups
drinking alcohol at any one of the City parks. The policy before the Council, which is
referred to in theIproposed ordinance, would limit the ability of an organization or group
to serve alcohol as part of a special event. Centennial Park has been chosen as a site for
potential allow~ce of alcoholic beverages since it has only one access point thereby
making it easier to provide for security to maintain control over the physical grounds, it is
located outside of the neighborhood area, and it is outside of high traffic street areas. By
requiring the special event park use permit, it will limit the access of people taking
advantage of this provision to only those groups or organizations that are very serious and
very responsible since there is a $1,275 permit fee and liability insurance requirements.
At this time, the City's standard insurance requirement is $1 million, however, in the
policy before the Council, it has $1 million as a minimum requirement and, based on staff
review of the particular event, the insurance requirement could be higher. By paying the
permit fees, it allows the user the sole use of the park and there would not be anybody
other than that user in the park during the course of time in which the event is held. The
policy contains provisions necessary to meet all OLCC regulations and guidelines relating
to dispensing alcohol. The special event permit would require the submittal of a security
plan by the applicant that would be reviewed by the Police Department. There is also a
provision under the OLCC guidelines that would stop the service of alcohol to persons at
a point before thely became visibly intoxicated, and there would be a requirement for the
serving of food in area in which alcohol is served. He reiterated that any group or
organization, not just the City, could apply for special event park use permit that would
Page 2 - Council Meeting Minutes, July 8, 2002
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COUNCIL MEETING MINUTES
JULY 8, 2002
TAPE
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0945
1384
allow for the serying of alcohol at Centennial Park. At the last meeting, a question had
arisen as to whet4her or not hard alcohol could be served under the proposed ordinance.
Staff has done f~er research on this issue under OLCC guidelines and, in order to
prevent the sale (~f any alcohol other than wine or beer, staff has amended the policy to
limit the alcoholic beverages to wine and/or beer. Additionally, a provision has been
:y for insurance requirements. It was noted that the insurance
been in the application for special event permit but the policy itself had
s issue. Lastly, a provision was included in the policy that is consistent
tinance.
~tated that this issue is not a public heating, however, he would be
ones to address the Council since he has written a letter to the Council
added in the poli.
requirement had
been silent on thJ
with the noise or,
Mayor Jennings
allowing Pastor
on this subject.
Pastor Ray Jones
read his letter op!
expressed his ob
society. He revil
effects alcohol at
abandonment. H
, Pastor of Souls Harbor Church (Church of the Nazarene) in Woodbum,
>osing the proposed granting of liquor licenses at Centennial Park. He
ections based on the devastating effects alcohol has on families and
wed statistical information regarding alcohol related accidents and the
,use has on family members which may result in broken homes and child
e urged the Council to continue the prohibition of alcohol on City
property. .
Councilor Nichols brought forth a recent article in the newspaper in which a motorcycle
patrolman has fil~d a $29.5 million lawsuit against the bar that had served the driver who
caused the accident on the basis that the driver was either served while already drank or,
as a result, became visibly drank and had no control over the vehicle being driven. The
patrolman had reCeived serious injuries as a result of this accident. He expressed concern
that accidents mgy occur as a result of an intoxicated driver driving west of Centennial
Park on Parr Road not making one of the two sharp tums on that roadway. He reiterated
that he strongly Objects to allowing alcohol at a function being held on City property.
Councilor Figley stated that she strongly supports the enhanced penalties provisions for
violation of the parks special use permits which is more encompassing than the alcohol
provision of the proposed ordinance. If the proposed ordinance is not approved, then she
suggested that another ordinance be drafted that would provide for the enhanced
penalties.
Attomey Shields istated that the policy was written by staff and is not an exhibit to the
proposed ordinance. The proposed ordinance gives staff flexibility within certain
parameters as it relates to issuance to a permit since that will vary on a case by case basis.
Councilor McCa~lum questioned if the $1,275 fee is waived if the City sponsors the
event. ~
Administrator Brown stated that the fee would be waived for city type of events since the
primary thrust of the fee is to recover the City's cost of having to deal with the security,
Page 3 - Council Meeting Minutes, July 8, 2002
COUNCIL MEETING MINUTES
JULY 8, 2002
TAPE
READING
1971
planning, and l~aintenance fi ' ' ·
or that event. The City s Events budget would be taking care
of the costs for !hose same items. Event fee revenues are placed in the General Fund and
the City could &signate those funds for use by certain departments such as Parks and
Recreation. I
Councilor McCOllum stated that, at the last meeting, he shared his concern regarding the
City promoting ihis type of activity and using it as a fundraiser. This being the case, he
was concerned about the City taking on more of these events as a fundraiser for special
items that are .n.~t included in the budget. He felt that the Berry Festival event was
important for wtoodbum but did not want to see the City promoting sale of alcohol. Even
though he is still straggling with this issue, he has come to the conclusion that people
have choices an_~ most people are responsible for their actions.
Administrator drown stated that, if this bill is passed, the City would be very particular
about those age~icies that the City would partner with, and the City's participation in one
of these events Would result in a community-wide benefit.
Councilor Bjelland stated that he would support the proposed ordinance for the purpose
of experimenting with this type of activity. He felt that the City had a degree of control
through the policy and directions to City staff on what type of events the City should get
involved with in the future. At this time, he only sees the Berry Festival as an City
sponsored event of this type and, if things do not work out, the Council could go back to
prohibiting alcoholic beverages in Centennial Park. He also felt that the special event
park use permit provisions outlined by the Administrator strengthens the proposed
alcohol use policy.
Councilor Sifuentez stated that she has been struggling with this proposal since she has
seen the impact of alcoholic use on families and children.
Mayor Jennings reiterated that there will not children allowed inside the compound in
which alcohol is, being served. He stated that, in his conversations with staff, this will
most likely be the only event during the year in which the City would be involved in that
would allow for the serving of alcoholic beverages.
Councilor McCallum thanked the staff for their work on this issue and he appreciated the
comments made by Pastor Jones. As mentioned earlier, this issue may need to be
addressed when a new community center is constructed and he would like to see what
will occur if alcohol is allowed at Centennial Park as part of the Berry Festival. He
expressed his opinion that it all comes back to a revenue issue and this type of event is
good for Woodburn but not at the expense of the taxpayer.
Mayor Jennings called for a vote on the bill and the vote was 3-3 with Councilors
Nichols, Sifuentez, and Chadwick voting nay.
Mayor Jennings stated that this is a difficult issue to vote on, however, in reviewing the
restrictions in the ordinance and event policy, he felt that he would like to experiment
with this event. He compared this event to the annual Hubbard Hop Festival which is an
event that does not advertise its beer garden and he hoped that the advertisement for the
Page 4 - Council Meeting Minutes, July 8, 2002
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2580
Berry Festival n~t be founded on the fact that there would be a beer garden.
The Mayor vote4 aye and declared Council Bill 2397 duly passed with the emergency
clause. ~
COUNCIL BII, 2405 - ORDINANCE AMENDING THE COMPREHENSIVE
PLAN MAP Fll
RESIDENTIAI
THE NORTHE
OM LOW DENSITY RESIDENTIAL TO HIGH DENSITY
AND AMENDING THE ZONING MAP FROM RS TO RM ON
RN 2/3 OF CERTAIN 1.7 ACRE PROPERTY LOCATED AT 847
N. CASCADE DRIVE, AND APPROVING A SITE PLAN REQUEST FOR 2
RESIDENTIAI CARE FACILITIES, AND A 3-LOT PARTITION ON SAID
PROPERTY. ,
~40f was introduced by Councilor Chadwick. Recorder Tennant read the
two readings of~te bill by title only since there were no objections from the Council.
Mayor Jennings ~tuestioned if the proposed ordinance designates Parcel 3 as a single
family residential (RS) zone.
Community Development Director Mulder stated that the partition designates Parcels 1
and 2 as multi-fe~nily residential and Parcel 3 as single-family residential.
Councilor BjellaOd stated that he had voted nay on the motion at the last meeting since he
had problems wi[h the site plan relating to the parking spaces. He questioned staff as to
whether or not ~ese issues can be addressed separately and voted on separately so that
the Council is not placed in a situation in which a decision needs to made on the total
package even though a Councilor may only be in favor of a portion of the package.
Attorney Shield~ stated that there is a state statute that requires the City to consolidate
land use actions When requested by the developer. He expressed his concern that, from a
legal procedural yiewpoint, a site plan review is subject to the 120-day role and, if
processed at the ~,ame time as a Comprehensive Plan amendment, the site plan review is
not subject to the 120-day rule. He stated that, in many eases, it is difficult to process
land use issues sbparately.
Councilor Bjelland stated that he did not mean for the land use issues to be processed in a
sequential manner rather the issues could be processed in a parallel manner and issues
could be voted on as individual items as opposed to rolling them all into one vote.
Attorney Shieldsi stated that separating the issues will require multiple ordinances to be
acted upon by the Council.
Councilor Bjelland suggested that the issue on whether or not the Council has the right to
split-up the issuep or rolled into one vote at the same time be looked into further. He
agreed that it wogld be beneficial to consider all the issues at the same time but whether
or not it is legally required that it come up under one ordinance which is a pass/fall on all
aspects of the land use issue for a particular parcel of property is a question he would like
clarification on.
Page 5 - Council Meeting Minutes, July 8, 2002
¥ !
COUNCIL MEETING MINUTES
JULY 8, 2002
TAPE
READING
3326
3392
Mayor Jennings
though the stand~
Following some
stated that staff c
On roll call vote
Council Bill 240
COUNCIL BIL
WATER REV¢
AGREEMENT,
Council Bill 240,
since there were:
bill passed unani:
COUNCIL BIL
lgreed that, in this case, his main concern was the parking issue even
trds had been met by the applicant.
fia'ther discussion on the separation of land use issues, Attorney Shields
an look into the options that are available to the Council.
for final passage, the bill passed unanimously. Mayor Jennings declared
duly passed.
, 2406 - RESOLUTION ENTERING INTO A SAFE DRINKING
LING LOAN FUND FINANCIAL ASSISTANCE AWARD, LOAN
AND PROMISSORY NOTE WITH THE STATE OF OREGON.
was introduced by Councilor Chadwick. The bill was read by title only
o objections from the Council. On roll call vote for final passage, the
nously. Mayor Jennings declared Council Bill 2406 duly passed.
2407 - RESOLUTION ENTERING INTO COOPERATIVE
IMPROVEME1~[T AGREEMENT NO. 18859 WITH THE STATE OF OREGON
TO IMPROVE 'rilE HIGHWAY 211 AND COOLEY ROAD INTERSECTION.
Councilor Chadvdck introduced Council Bill 2407. Recorder Tennant read the bill by
title only since th ere were no objections from the Council. On roll call vote for final
passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2407 duly
passed.
3452 LIQUOR LICENSE APPLICATION: US MARKET 109, 398 N. Pacific Highway.
3538
A limited off-premise sales liquor license application was submitted by Lal Sidhu for a
newly established grocery store to be located at 398 N. Pacific Highway.
FIGLEY/BJELLAND... approve a limited off-premise sales liquor license for US
Market 109 at 39[1N. Pacific Highway. The vote was 5-1 with Councilor Nichols voting
nay.
AGREEMENT FOR URBAN RENEWAL CONSULTING SERVICES
Administrator Brown requested authorization to execute a contract with Jeff Tashman of
Tashman Johnson LLC who has a particular strength in the on-going administration and
legal aspects of an urban renewal district. The contract would provide for consulting
services on a retainer basis as the City moves forward on the various steps to be taken in
order to implement an urban renewal program. The consulting services contract would be
limited to a maximum of $10,000 which was approved in the newly adopted city budget.
NICHOLS/FIGLEY... agreement for urban renewal consulting services with Tashman
Johnson LLC in an amount not to exceed $10,000 be executed by the City Administrator.
The motion passed unanimously.
Page 6 - Council Meeting Minutes, July 8, 2002
8A
COUNCIL MEETING MINUTES
JULY 8, 2002
TAPE
READING
3680
3712
PLANNING COMMISSION ACTIONS.
A) Site Plan Reyiew 02-02: Winco Foods, 400 S. Woodland Ave. (addition to existing
facility). No action was taken by the Council on this site plan which was approved by the
Planning Commission.
MAYOR AND ~OUNCIL REPORTS.
Mayor Jennings ~anked Councilor Nichols for the invitation to Souls Harbor Church on
June 304 for the patriotic musical program which was a very uplifting program for him to
attend.
The Mayor state~
Police Departme
Fire Department
children's attrac~
voters for approx
so that it can be 4
as the site for th~
4~ community cz
working with thc
I that he spent all day at the high school on July 4t~ and he thanked the
at for their assistance and presence at this event. He also thanked the
for bringing out the Fire Prevention trailer which was also a popular
ion focusing on fire and home safety. Additionally, he thanked the
ing the school bond issue which upgraded the high school athletic field
:onsidered as a multi-purpose facility. Since June 28~, it has been used
Cancer Relay for Life, the Drums of Fire program, and the annual July
~,lebration. He thanked the high school staff for their assistance in
event coordinators to make these events a success.
Councilor McCa [lum thanked the community for participating in the Relay for Life event,
in particular, the walkers who were taking their mm during the windy and rainy weather
conditions. Wh¢n organizing the event, it was hoped that 10 teams would participate and
they would raise $7,000 towards cancer programs. In the end, there were 33 teams
participating and approximately $34,000 was raised to fight cancer. He stated that plans
are already underway for next year's event. He also thanked the Woodbum School
District for the uSe of the athletic field and, in particular Athletic Director Hank
Vredenburg, for his assistance in getting the field ready for this and the subsequent
events.
Councilor McCallum stated that Marion County had a public hearing on July 3a
regarding a proposed public safety levy. Following the hearing, the Commission decided
to place a measure on the November ballot for a 4-year, $14 million per year public safety
levy. He stated that he had addressed the Commission as a private citizen asking them to
seriously look at the concerns that the cities and other people had about the elements of
the levy. He had suggested, barring any changes, that it should go to the voters to let
them decide. The Commission's vote was 2-1 with Commissioner Milne voting nay and
the levy was left as proposed by the Public Safety Council. One of his major concerns on
this issue is that the Public Safety Council has recommended the levy over a 4 year period
but they have not taken any steps to try and find another way to fund the juvenile center
which will be a Yery expensive building if it is constructed.
Page 7 - Council Meeting Minutes, July 8, 2002
COUNCIL MEETING MINUTES
JULY 8, 2002
TAPE
READING
4477
Councilor Figle~ expressed her appreciation to July 4th organizers Larry Grosjacques, Vee
and David Ott, l~nd Mayor Jennings. Additionally, she thanked Mrs. Kristine Jones for
her singing of tl3e National Anthem. Approximately 600 flags were distributed to
attendees at this iannual event.
Councilor Niche Is concurred with the Councilors on the continued success of the July 4th
Celebration at ~ e high school. Additionally, a Patriotic Program was presented by
members of the gouls Harbor Church and this community event, which has been held
annually over th,, last 4 years, was well-attended this year. He congratulated the Surge
Soccer Team fo~ their #1 standing in the northwest league.
Councilor Bjella nd stated that the City can be proud of the activities that have been put on
in the City over the last 10 days.
Councilor Bjelland reported that on Thursday, July 11 th, the Mid-Willamette Valley Area
Commission on Transportation will be addressing the prioritization of the OTEA and
STIP funds for investing the transportation dollars in Oregon. He reviewed the legislative
action which allowed for the selling of bonds to fund transportation projects state-wide.
Of the $400 million authorized, the State will be selling $321 million in an effort to boost
Oregon economy and take advantage of the favorable interest rates. With the lower
interest rates, the legislators have authorized an additional $100 million in bonds and
MWACT will be addressing their recommendation for projects within this region for
utilization of bond funds at the upcoming meeting. In regards to the 2005-07 STIP funds,
the City's Hwy. 214 widening project was the second highest rated development project
by MWACT.. The cost to do the I-5 interchange project is approximately $33 million of
which almost half of the cost is related to right-of-way acquisition. Staff has looked at
the feasibility of splitting the project into parcels since the entire Region 2, compfised of
4 Area Commissions on Transportation, will have approximately $33 million to divide
among the 4 areas. He stated that Administrator Brown has been in contact with ODOT
staff for the purpose of securing Woodbum's fair share of the upcoming STIP funds. He
suggested that the City strongly consider moving forward with the acquisition of fight-of-
way in those areas around the project area that could be developed in the near future
thereby locking in future fight-of-way costs.
Mayor Jennings agreed that the City will not get the total $32 million of STIP funds and
looking at the fight-of-way acquisition portion of the project should be considered.
Administrator Brown stated that has been in contact with ODOT Region 2 staff who have
indicated that the likelihood of the City getting the full amount of STIP funds is very
slim. The $4.2 million for I-5 interchange improvements is still in the STIP and it has
been suggested that the Administrator write a letter on behalf of the Council asking
MWACT to move the project forward on the Development STIP as a $15 - $17 million
project. He stated that an Environmental Review and other studies need to be completed
over the next two years before a design is finalized. During this time, it will give the City
Page 8 - Council Meeting Minutes, July 8, 2002
8A
COUNCIL MEETING MINUTES
JULY 8, 2002
TAPE
READING
6408
an opportunity t~ work with federal government representatives to try and secure federal
funding to complete the project. By being on the development STIP, the City has an
opportunity in tl~e future to secure some construction dollars to make transportation
improvements. ~Fhe City will be asked to make a match of an amount larger than the
amount availablI as of this date. Over the next two years, the studies will give the City
an opportunity t5 update our Capital Improvement Plans and to implement a new TIF that
would allow th~ 2ity to collect more development funds in order to meet the match
requirements.
BJELLAND/F] GLEY... Administrator be instructed to draft a letter conveying the
Council's decisi on to seek right-of-way and professional engineering costs associated
with the improvement of the Woodbum interchange and associated widening of Highway
214. The motioO passed unanimously.
Councilor Sifuentez thanked the citizens for their involvement with the 4th of July event.
She also stated that volunteers are needed to help the Farmworker Housing Corporation
in painting 6 homes that were recently built in the area.
Councilor ChadWick agreed with comments made by other Councilors in that our citizens
should be proudiof Woodburn and of the activities that they participated in over the last
week.
6670
Mayor Jennings stated that there would not be an executive session.
ADJOURNME~IT.
NICHOLS/MCCALLUM... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 8:31 p.m..
APPROVED
RICHARD JENNINGS, MAYOR
ATTEST
Mary Tennan~, Recorder
City of Woodbum, Oregon
Page 9 - Council Meeting Minutes, July 8, 2002
WOODBURN PUBLIC LIBRARY
MONTHLY REPORT FOR MAY 2002
I. CIRCULA'FION
Current: 10,852
.~hildren:
In-House Use:
II. INTERLIBI~ARY LOAN
Books Loar~ed: 982
CCRLS:
11~--State Spocial:
Books BorrOwed: 986
¢CRLS:
In-state Special:
8,519
2,333
III. REFEREN(~E
1,886
969
0
96O
1
Previous: 2001 11,948
2OOO 11,797
1999 10,931
All Other In-State: 12
Out-Of-State: 1
All Other In-State: 22
Out-Of-State: 3
Woodburn
Referrals
Other
2002 984
2001 1,104
2000 899
1999 834
109
119
45
42
1,053
1,493
1,009
1,046
IV. VOLUNTEER HOURS WORKED
178 3~
V. LIBRARY SPONSORED PROGRAMS
Adults: 8
Children: 16
No. Attending: 16
No. Attending: 479
VI. FINANCE
ILL Postals 1.50
Fines 872.18
Lost Books 42.92
Copies 139.53
Rural Fee 460.00
Donation 0.00
Collection Fee 0.00
Other 118.66
11,455.14
- Misc.
- CCRLS Use-Based Reimbursement
Total
2,146
2,716
1,953
1,922
TOTAL 13,089.93
Monthly Statistics: May 2002
VII.
HOLDINGS;
Audio Cassette
Audio CasSette Holiday
Book
YA-Holds I~estriction
Camera
Compact Cisc, Music
Compact Cisc, Sp.
Cassette Payer
Circ Softw~ re
Video Cas., ette
Video Hol(
Engraver
Fast Cat - 3 Wks
Fast Cat - 7. Day
Headphone s
Juvenile Gr
Woodburn
Woodburn
Juvenile AL
Juvenile Bo
Juvenile-He
Juvenile Vi(
Juvenile Vi(
Juvenile Ho
Juvenile Ho
Juvenile Pu
ant Kit
LL
LL Out Of State
dio Cassette
Dk
Ids Restriction
leo Cassette
eo Holds
liday Book
liday
3pet
Juvenile Pa 3erback
Juvenile Periodical
Juvenile Reference
Juvenile Tote Bag
Long New Book
New Book
New Periodical
Pamphlet, Map
Paperback
Periodical
Projector
Puzzles/Games
Reference
One Hr. Reserve
Circulating Software
Woodbum Stats Only
Woodburn Stats Only ILL
TOTAL
1.425
40
36.379
0
4
219
63
5
59
673
1,081
2
14
3
6
9
9
3
303
17,807
17
694
139
478
7
0
11
693
246
91
296
290
296
24
2.484
6.356
6
0
2,461
97
1
1
1
72,793
Monthly Statistics: May 2002
2
'Ir
New Adds ~:or, The Month of May: 491 8]~
PATRON LpAN TYPES
Adult Resident
Adult Non-Resident
Senior Resident
Senior Non,Resident
YA Residedt
YA Non-Re¢ident
Juvenile Resident
Juvenile No,n-Resident
Reference _~taff
Library Sta~
Outreach
Visitor
City Department
TOTAL
4,816
2,982
891
246
1,098
611
1,380
817
5
24
19
22
12
12,923
Monthly Statistics: May 2002
. ,ir
8C
MEMO
From the office of the City Attorney
TO:
FROM:
RE:
DATE:
~IAYOR AND CITY COUNCIL TY ADMINISTRATOR
N. ATTORNEYJ~,~
ROBERT SHIELDS, CITY
DECISION MAKING PROCESS FOR MULTIPLE LAND
USE DECISIONS
JULy 17, 2002
BACKGROUND.
At your last meeting, Councilor Bjelland raised an issue related to the Council making land use
decisions when multiple land use applications have been filed by an applicant under a
consolidated application procedure. Specifically, if an applicant files applications for a
comprehensive plan amendment, a zone change, a site plan review and a partition, could the
Council choose to decide each application separately?
QUESTION. ,
If an applicant files applications for a comprehensive plan amendment, a zone change, a site plan
review and a partition, icould the Council choose to decide each application separately?
ANSWER.
Yes. It is legally possible to separate these land use decisions. However, because of the
administrative burden this would create and the likelihood of generating additional legal issues,
the Council would probably not want to separate land use actions on a routine basis.
DISCUSSION.
While it would be easy for an individual land use hearings officer to separate land use decisions,
this is significantly more difficult for the Council due to its collective nature. In order to
withstand legal challeages, land use decisions must be in written form supported by findings and
conclusions. Procedurally, the Council makes land use decisions by ordinance. Because the
Memo to City Council
and City Administrator
July 17, 2002
Page 2
Council must conside~ an ordinance in its entirety and does not have the ability to separately
consider discreet portipns of an ordinance, it would be necessary to prepare separate ordinances
for Council considerat~ion in order for each land use decision to be considered individually.
As an administrative matter, separate ordinances would require additional work on the part of the
Planning Department. If a comprehensive plan amendment, zone change, site plan review and
partition were separat~:ly considered by the Council this would require the preparation of four
ordinances instead of,~ne. Each individual ordinance would have to be supported by findings
and conclusions. Aft~:r the Mayor signed each of the approved ordinances, the Planning
Department would the a have to send four separate notices of decision to all parties legally
entitled to notice in ea:h of the cases.
Finally, the Council should be aware that considering applications separately as individual land
use decisions might cause legal problems. Since under the City Charter an ordinance must have
a unanimous vote to pass after one reading, a split vote on some of the ordinances could mean
that there would be different effective dates on land use decisions effecting the same property. A
party wishing to appeal the decisions to LUBA would be forced to file separate appeals, with
separate filing fees, and potentially different appeal periods.
llA
MEMO
TO:
FROM:
SUBJECT:
DATE:
City council through city Administrato
Public W(,rks Program ManagerxC'~
Public Tr~nsportation Operating Assistance Grant Agreement
July 15, 2302
RECOMMENDATION:
Approve the attached re ;olution entering into ODOT Grant Agreement No. 19759 with the
State of Oregon to rece ye $42,084 in public transportation operating assistance funding
and authorizing the City Administrator to sign the agreement on behalf of the city.
BACKGROUND:
The city has been mc
Administration:s public
rural areas since the ea
Department of Transp(
agreement provides for
This is approximately 2
in the revenue budget
eiving annually operating assistance from the Federal Transit
iransportation operating assistance program for small cities and
rly 1980's. These federal funds are administered by the Oregon
)rtation and the city applies for these funds each year. This
$42,084 in assistance for providing public transportation service.
)ercent less than the previous year and is the amount planned for
Or this fiscal year. An increased number of grantees statewide
resulted in many agencies receiving less assistance for fiscal year 2002-2003. The city
attorney has reviewed tile agreement.
Staff recommends that !he resolution be approved authorizing City Administrator to sign
the agreement on behalf of the city.
'T' "; r T
llA
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION ENTI~RING INTO GRANT AGREEMENT NO. 19759 WITH THE STATE
OF OREGON AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SUCH
AGREEMENT.
WHEREAS, the State of Oregon acting through the Oregon Transportation
Commission is authori~:ed to enter into agreements and disburse funds for the purpose of
supporting public transportation pursuant to ORS 184.670 to 184.733, and
WHEREAS, th~ City of Woodburn has applied for federal public transportation
operating assistance funds for Federal Fiscal Year 2003 under Title 49, United States
Code, Chapter 5311, Non Urban Formula, and
WHEREAS, the State of Oregon, Department of Transportation, has been
designated to evaluat(~ and select recipients of assistance from federal funds available
under the Small City and Rural Areas Program, to coordinate grant applications and to
administer the disbursement of the federal assistance, and
WHEREAS, the State of Oregon, Department of Transportation, has approved
$42,084 in operating expenses for the City of Woodbum to be used in support of public
transportation, NOW THEREFORE;
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into Grant Agreement No. 19759,
which is affixed as Attachment"A" and by this reference incorporated herein, with the State
of Oregon acting by and through its Department of Transportation to secure federal funds
through Title 49, United States Code, Chapter 5311 for the purpose of supporting public
transportation.
Section 2. That the City Administrator of the City of Woodburn is authorized to sign
said agreement on behalf of the City.
Page 1- COUNCIL BILL NO.
RESOLUTION NO.
llA
Approved form'~-~'~-/'''~'~~
as to . City Attorney
Date
APPROVED:
Richard Jennings, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the
ATTEST:
Mary Tenn~
City of Wo(:
Recorder
nt, Recorder
dbum, Oregon
~ -~ ¥ T
ACHMENT.-~....---
· I of t~;~--
ODOT Agreement Number: }9759
Small City and Rural Areas (531 I) Operaligl~
PUBLIC TRANSIT DIVISION
OREGON DEPARTMENT OF TRANSPORTATION
ODOT GRANT AGREEMENT No. 19759
THIS AGREEMENT i~s made and entered into by and between THE STATE OF OREGON, acting
by and through its Department of Transportation, hereinafter referred to as "ODOT"; and City of
Woodburn hereinafter ~eferred to as "Recipient". Recipient enters into this agreement with ODOT to
secure financial assistange to complete the activities described in Exhibit B, attached hereto and by this
reference made a part hereof.
RECITALS
By the authority granted in ORS 190.110 and 283.110, state agencies may enter into agreements with
units of local govemmer(t or other state agencies for the performance of any or all functions and
activities that a party torte agreement, its officers, or agents have the authority to perform. The State
of Oregon acting througli the Oregon Transportation Commission is authorized to enter into
agreements and disburse funds for the purpose of supporting pubhc transportatmn pursuant to ORS
184.670 to 184.733.
This agreement is based ~apon and is subject to Oregon Revised Statutes (ORS), Oregon Administrative
Rules, and Federal Transmit Administration regulations such as those contained in ORS 323.455, ORS
391.800 through 391.831~ and FTA Circular 9040.1E including all associated references and citations.
From time to time these!aws, rules and regulations may be amended'and ODOT reserves the right to
amend this agreement if it is affected. ODOT will provide thirty days notice of impending changes
and will prepare a supplemental agreement incorporating the changes to be executed by the parties.
The following documents are incorporated by reference and made part of this grant agreement:
Agreement Obligations and General Provisions, Exhibits A and B, and Fiscal Year 2002 Annual
List of Certifications and Assurances for Federal Transit Administration Grants.. These
certifications and assurances are used in connection with all Federal assistance programs administered
by FTA during Federal Fiscal Year 2003. These certifications and assurances include all annual
certifications required by 49 U.S.C. 5311 Non-Urban Formula.
NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it is agreed by
and between the parties hereto as follows:
TERMS OF AGREEMENT:
1. Payment shall not exceed $42,084.00, as described in Exhibit B, Project Description and Budget.
2. This agreement is to begin on July 1, 2002 and shall expire, unless otherwise terminated, on June
30, 2003.
Page I of 12
ATTAOI-IMENT~ ODOT Agreement Number: 19759
Pa00,~, of /,-q-- Small City and Rural Areas (5311) Ope~iati~g
IN WITNESS WItEREOF, the parties have set their hands and affixed their seals as
of the day and year hereinafter written.
The Oregon Transportalion Commission on January 16, 2002, approved Delegation Order No. 2,
which authorizes the Director to approve and execute agreements for day-to-day operations when the
work is related to a project included in the Statewide Transportation Improvement Program or a line
item in the biennial budget approved by the Commission.
On January J~nuary 30, 2002 the Director approved Subdelegation Ord_er No. 14, which
delegates the ~uthority to conduct the following day, to-day operations to ihe Public Transit
Division Manager:
o
Approve and exe
for receipt of fum
Execute Oregon
special payments
transportation ser
The Divison Max
and submit a quax
:ute grant agreements, certifications and assurances, amendments and reports
ling for Federal Transit Administration Programs included in the STIP.
Transportation Commission intergovernmental agreements and grants for
to local governments and other non-profit units and operators of public
vices for disbursement of state and federal funds for public transit programs.
tager will maintain a listing of all intergovernmental agreements and grants
terly report to the OTC.
City of W0°dburn
270 Montgomery Street
Woodburn DR 97071
Oregon Department of Transportation
Public Transit Division
555 13th St. NE, Suite 3
Salem, Oregon 97301-4179
Signature
Name (printed or typed)
Title Date
Recipient's Legal Counsel Date
(If required in local process only)
Name (printed or typed)
Signature
Name (printed or typed)
Title Date
Martin W. Loring
Manager, Public Transit Division
Title
Date
Page 2 of 12
y,. ,g-
Small City and Rural Areas (5311) Oper~t~[]~
Agreement Obligations and General Provisions
RECIPIENT OBLIGATIONS
A. General ReqUirements
1. Recipient shall conduct activities that substantially conform to the description in
Exhibit ~3, Project Description and Budget. Recipient shall notify ODOT in writing of
changeslin these activities prior to performing any changes and will not perform any
changes !to the activities listed in Exhibit B without specific written approval from
ODOT.,
Recipierlt shall make purchases of any equipment, materials, or services pursuant to
this agreement under procedures consistent with Administrative rules (OAR
Chapte~ 125) for the Oregon Department of Administrative Services and Oregon
State La, ~t and in conformance to FTA C4220.1 D, Third Party Contracting
Requirer ~ents, ensuring that
· all at,plicable clauses required by Federal Statute, executive orders and their
impl,:menting regulations are included in each competitive procurement;
· all p~ocurement transactions are conducted in a manner providing full and open
coml~etition;
· proc~ements exclude the use ofstatutorily or administratively imposed instate or
geog~'aphic preference in the evaluation of bids or proposals (with exception of
local!y controlled licensing requirements);
· contracts will not exceed a period of five years without prior approval of FTA,
and;!
· Architectural & Engineering procurements are based on Brooks Act procedures
unless the state has adopted a statute that governs such procurements.
Recipient is responsible for submission of any draft sub-agreements and contracts
associated with this grant to ODOT for review and approval. Best Practices
Procurement Manual, a technical assistance manual prepared by the FTA, is available
on the FTA website: www.fta.dot.gov
Recipient agrees to comply with all federal, state, and local laws, regulations, executive
orders and ordinances applicable to the work under this agreement, including, without
limitation, the provisions of ORS 279.312, 279.314, 279.316, 279.320, 279.555, and OAR
Chapter 125 which hereby are incorporated by reference. Without limiting the generality
of the foregoing, recipient expressly agrees to comply with (I) title VI of Civil Rights Act
of 1963;(ii) Section V of the Rehabilitation Act of 1973; (iii) the Americans with
Disabilities Act of 1990 and ORS 659.425; (iv) all regulations and administrative rules
established pursuant to the foregoing laws; and (v) all other applicable requirements of
federal and state civil rights and rehabilitation statutes, rules and regulations.
Recipient shall permit ODOT, the Secretary of State, the Comptroller General of the
United States, the US Department of Transportation, or their authorized representative,
Page 3 of 12
10.
11.
ATTA~.I~MENT '~ ODOT Agreement Number: 19759
Page t'~ of/~'- Small City and Rural Areas (5311) Ope~j~
upon reasonable notice, to inspect all vehicles, real property, facilities, ~uipment
purchased by the recipient as part of the project, and/or transportation services rendered
by recipienti sub-recipient and/or any subcontractor acting on behalf of the recipient.
Recipient shall permit the above named persons to audit the books, records, and accounts
of recipient 'elating to the project.
Recipient sl~all maintain all required records for at least three years after ODOT's final
payment, fi~al disposition of grant financed property or equipment, and all other
pending ma tters have been resolved, whichever comes later.
Recipient sh all defend, save and hold harmless the State of Oregon, including the
Oregon Tran 5portation Commission, the Department of Transportation, and their
members, of.' ]cers, agents, and employees from all claims, suits, actions of whatsoever
nature resulti ng from or arising out of the activities of Recipient or its subcontractors,
agents or em ~loyees under this agreement. Recipient shall not be required to indemnify
ODOT for ariy such liability arising out of negligent acts or omissions of the State of
Oregon, its e~aaployees, or representatives. This provision is subject to the limitations, if
applicable, s~t forth in Article XI, Section 10 of the Oregon Constitution and in the
Oregon Tort ~21aims Act, ORS 30.260 to 30.300.
Recipient acl~ nowledges and agrees that the Federal Government, absent express written
consent by the Federal Government, is not a party to this contract and shall not be subject
to any obliga~:ions or liabilities to the Recipient, contractor or any other party (whether or
not a party to, the contract) pertaining to any matter resulting from the underlying contract.
Recipient sha 11 perform the service trader this agreement as an independent contractor and
shall be exclusively responsible for all costs and expenses related to its employment of
individuals tc perform the work under this agreement, including but not limited to PERS
contributions~ workers' compensation, unemployment taxes, and state and federal income
tax withholdings.
Recipient's Officers, employees, or agents shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, potential contractors, or parties to
sub-agreements. No member or delegate to the Congress of the United States or State of
Oregon emplOyee shall be admitted to any share or part of this agreement or any benefit
arising therefrom.
In accepting this agreement, Recipient certifies that neither Recipient nor its principals is
presently debarred, suspended, or voluntarily excluded from this Federally-assisted
transaction, er proposed for debarment, declared ineligible or voluntarily excluded from
participating in this agreement by any state or federal agency. Recipient must provide
notice to the State if at any time it learns that this certification is erroneous when
submitted or if circumstances have changed (new personnel, indictments, convictions,
etc.).
Recipient shall complete ali purchases of property or equipment prior to the expiration
Page 4 of 12
12.
ATTACflJVIENT ,~ ODOT Agreement Number: 1~9759
Pa0e ~ of / ~ Small City and Rural Areas (5311) Ope~a~g
date of this agreement. If local circumstances prevent the purchase by the specified date,
the Recipient will notify ODOT in writing of the delay and reason for delay. Contract
amendment for time will be considered in extenuating circumstances.
Any recipi%t of grant funds, pursuant to this agreement with the State, shall assume sole
liability for that recipient's breach of the conditions of the Grant, and shall, upon
recipient's breach of grant conditions that requires the State to return funds to the Grantor,
hold harmlass and indemnify the State for an amount equal to the funds received under
this agreement; or if legal limitations apply to the indemnification ability of the recipient
of grant fun~ts, the indemnification amount shall be the maximum amounl5 of funds
available fo? expenditure, including any available contingency funds or other available
non-appropriated funds, up to the amount received under this agreement.
B. Audit Reqt
1. AnnualO~
subject to au
tirements
~B A=133 Audit. Recipients receiving Federal funds in excess of $300,000 are
dit conducted in accordance with Office of Management and Budget (OMB)
Circular A-i 33, Audits of States, Local Governments, Non-profit Institutions. Recipient, if
affected by this requirement, shall at Recipient's own expense, submit to ODOT, Public
Transit DiviSion, 555 13th St. NE, Suite 3, Salem, OR 97301-4179, an annual audit
coveting the! funds expended under this agreement and shall submit or cause to be
submitted, the annual audit of any subcontractor of Recipient responsible for the financial
management of funds received under this agreement.
Other Annual Audit. Recipient shall, at Recipient's own expense, submit to ODOT,
Public Transit Division, 555 13th St. NE, Suite 3, Salem, OR 97301-4179, a copy of any
annual audit coveting the funds expended under this agreement by Recipient or any
subcontractor of Recipient receiving funds as a result of this agreement that is performed
due to state law or regulation, or conducted as an independent activity.
Management letter. Recipient shall also, at Recipient's own expense, submit to ODOT,
Public Transit Division, 555 13th St. NE, Suite 3, Salem, OR 97301-4179, a copy of the
management letter and/or report that accompanies an annual audit covering the funds
expended under this agreement by Recipient or any subcontractor of Recipient receiving
funds as a result of this agreement.
Audits. Recipient acknowledges and agrees that ODOT, the federal government, and
their duly at~thorized representatives shall have access to the books, documents, papers,
and records of Recipient which are directly pertinent to the specific agreement for the
purpose of making audit, examination, excerpts, and transcripts. Recipient shall permit
ODOT to audit and review Recipient's financial records, management and program
systems, and any associated records.
Pre-Award and Post-Delivery Review. Every Recipient who purchases rolling stock,
other than sedans or unmodified vans, must certify that a pre-award and post-deliver
Page 5 of 12
ATTAOH~ENT~m ~ ODOT Agreement Number: 19759
./,,-- Small City and Rural Areas (5311) Oper~it)~
P~e _.(~
of
review has been conducted in accordance with thc Pre-Award and Post-'Delivery Review
Regulation, 49 CFR Part 663. This review ensures compliance to bid specifications, Buy
America, and Federal Motor Carder Safety Standards.
Other Feder:fl Requirements. One of the principles of contracting with Federal funds
received indirectly from FTA is a recognition that, as a condition of receiving the funds,
certain specific requirements must be met not only by the Recipient, but also by any sub-
recipients andi contractors. To the extent applicable, Federal requirements extend to the
third party cor~tractors and their contracts at every tier and sub-recipients and their sub-
agreements at[every tier. The specific requirements for particular grant fun~ls is found in the
Master Agreement that is signed and attested to by ODOT. This Master Agreement is
incorporated I:}y reference and made part of this grant agreement. Said Master Agreement is
available upon request from Public Transit Division by calling (503) 986-3300.
The following is not a complete list of Federal requirements, rather is a summary of
various primary requirements associated with the type of transaction covered by this
grant, as defi~ed in Attachment A.
1. Recipient]shall comply with Title VI of the Civil Rights Act of 1964 (78 Stat 252; 42
USC 2000d) and the regulations of the United States Department of Transportation (49
CFR 21, :Subtitle A). Recipient shall exclude no person on the grounds of race,
religion, ctolor, sex, age, national origin, or disability from the benefits of aid received
under this! agreement. Recipient will report to ODOT on at least an annual basis the
following'information: any active lawsuits or complaints, including dates, summary of
allegationi status of lawsuit or complaint including whether the parties entered into a
consent d~ree.
Recipient ~hall Comply with FTA regulation in Title 49 C.F.R. 27.9,
"Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving
or Benefiting from Federal Financial Assistance" which implements the Rehabilitation
Act of 1973, as amended, and the Americans with Disabilities Act of 1990, and 49
CFR parts 37 and 38.
If non-accessible vehicles are being purchased for use by a public entity in demand
responsive service for the general public, the State will obtain from the subrecipient a
"Certification of Equivalent Service," which states that when viewed in its entirety
the public entity's demand responsive service offered to persons with disabilities,
including persons who use wheelchairs, meets the standard of equivalent service set
forth in 40 CFR section 37.77(c).
Recipient shall comply with the following service provisions, as appropriate: · Maintenance of accessible features
· Procedures to ensure lift availability
· Lifland securement
use
· Announcements on vehicles of stops on fixed-route systems
· Vehicle identification system
Page 6 of 12
¸7 T
o
o
· Use of accessibility features
· Public information/communication
· Lift deployment at any designated stop
~ervice to persons using respirators or portable oxygen
·
· Adequate time for boarding/deboarding
· Training
Recipienl has or will have the necessary legal, financial, and manage_rial capability
to apply f~r, receive, and disburse Federal assistance authorized for 49~U.S.C. 5310; and
to implement and manage the project.
Recipient! has, to the maximum extent feasible, coordinated with other transportation
prov. ider~ and users, including social service agencies authorized to purchase transit
service. ~
Recipient ihas complied with the transit employee protective provisions of 49 U.S.C.
Recipient ~arill comply with applicable provisions of 49 CFR part 605 pertaining to
school transportation operations. Tripper services that are part of the routine
schedule ~nd are open to the general public are not considered to be school bus services.
ODOT Agreement Number: 1.9759
Small City and Rural Areas (5311) Opera_ti~
HA-
Recipient will correct any condition which State or FTA believes "creates a serious
hazard of death or injury" in accordance with Section 22 of the Federal Transit Act of
1964, as amended.
Recipient will comply with the applicable provisions of 49 CFR part 26 related to
Disadvantaged Business Enterprise and report quarterly to Public Transit Division.
Each contract the grantee signs with the contractor (and each subcontract the prime
contractor signs with a subcontractor) must include the following assurance:
"The contractor, sub recipient or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this contract. The contractor
shall carry out applicable requirements of 49 CFR part 26 in the award and
administration of ODOT-assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination of
this contract or such other remedy, as the recipient deems appropriate."
Recipient has certified to the state that it will comply with 49 CFR part 604 in the
provision of any charter service provided with equipment or facilities acquired with
FTA assistance.
Recipient and contractors receiving in excess of $100,000 in Federal funds must certify
to ODOT that they have not and will not use Federal funds to pay for influencing or
attempting to influence an office or employee of any Federal department or agency, a
Page 7 of 12
II.
III.
10.
ATTACI'"I,~E~NT ~ ODOT Agreement Number: 19759
Page ~:~ ~of t';Tt'~ Small City and Rural Areas (5311) Operla~i~[~g
member or Congress, or an employee of a member of Congress in conhection with
obtaining any Federal grant, cooperative agreement or any other Federal award. If non-
federal fu~ Ids have been used to support lobbying activities in connection with the
project co replete Standard Form LLL, "Disclosure Form to Report Lobbying" and
submit th~', form to ODOT at the end of each calendar quarter in which there occurs an
event that requires disclosure. Restrictions on lobbying do not apply to influencing
policy dec tsions. Examples of prohibited activities include seeking support for a
particular application or bid and seeking a congressional earmark.
Recipient.,, sub-recipients and their contractors with safety sensitive em~ ployees (except
maintenan ce contractors) shall comply with the drug and alcohol testing regulations
as defined by Prevention of Prohibited Drug Use in Transit Operations (49 CFT 653);
Preventiot of Alcohol Misuse in Transit Operations (49 CFT 654) and Procedures of
Transportation Workplace Drug and Alcohol Testing Programs (49 CFR 40).
Procedure:; include written policies, training, recordkeeping, and MIS annual reports
submitted to ODOT. In addition, the Recipient agrees to comply with, and ensures the
complianc of its employees, sub-recipients and contractors with, information
restriction~ and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. 552.
ODOT OBLIGATI
A. ODOT shall
amounts sho'
amount.
ONS
reimburse eligible costs incurred in carrying out the project subject to the
~rn in Exhibit B. Such reimbursement shall not exceed the agreement
Be
ODOT certifies, at the time this agreement is executed, that sufficient funds are
available and authorized for expenditure to finance costs of this agreement within
ODOT's current appropriation or limitation of current biennial budget.
Ce
ODOT reserves the fight to withhold payment of funds if there are unresolved audit
findings, or inadequate information concerning recipient activities. ODOT reserves the
rights to reallocate any portion of the agreement amount which, based on its estimate, will
not be used by Recipient.
GENERAL PROVISIONS
Ae
Be
Recipient, ils subcontractors, if any, and all employers working under this agreement are
subject employers under the Oregon Workers' Compensation Law and shall comply
with ORS 656.017, which requires them to provide workers' compensation coverage for
all their subject workers. Recipient shall ensure that each of its contractors complies
with these requirements.
Any recipient of grant funds, pursuant to this agreement with the state, shall assume sole
liability for that recipient's breach of the conditions of the Grant, and shall, upon
Page 8 of 12
¥ !
nA~TT~AG Small City and Rural Areas
recipient's breach of grant conditions that requires the state to return fiinds to the
grantor, hold harmless and indemnify the state for an amount equal to the funds received
under this agreement; or if legal limitations apply to the indemnification ability of the
recipient bfgrant funds, the indemnification amount shall be the maximum amount of
funds available for expenditure, including any available contingency funds or other
available non-appropriated funds, up to the amount received under this agreement.
This agregment may be terminated by mutual written consent. ODOT may terminate
this agreelnent, in whole or in part,.effective upon delivery of written notice to
Recipientl or at such later date as may be established by ODOT, under hny of the
followingI conditions, but not limited to these conditions. Any termination of this
agreement shall not prejudice any rights or obligations accrued to the parties prior to
termination.
1. If re[eipient fails to provide services called for by this agreement within the time
spec[fled herein or any extension thereof; or
2. If ROcipient fails to perform any of the other provisions of this agreement, or so
fails ~to pursue the work as to endanger performance of this agreement in
accordance with its terms, and after receipt of written notice fi.om ODOT fails to
corroct such failures within 10 days or such longer period as ODOT may authorize;
or
If O]~OT fails to receive funding, or appropriations, limitations or other
expenditure authority at levels sufficient to pay for the work provided in the
agreement; or
The reXluisite local funding to continue this project becomes unavailable to
Recipient; or
o
Federal or State Laws, rules, regulation or guidelines are modified, changed, or
interpreted in such a way that the financial assistance or purchase of equipment
provided for in the agreement is no longer allowable or is no longer eligible for
funding proposed by this agreement; or
o
Both parties agree that continuation of the Project would not produce results
commensurate with the further expenditure of funds; or
°
Recipient takes any action pertaining to this agreement without the approval of
ODOT and which under the provisions of this agreement would have required the
approval of ODOT; or
o
The commencement, prosecution, or timely completion of the project by Recipient
is, for any reason, rendered improbable, impossible, illegal; or
9. Recipient is in default under any provision of this agreement.
Page 9 of 12
ATTACHMENT ~
Page I0 . of T
ODOT Agreement Number: 19759
Small City and Rural Areas (5311) Ope~ti~m
0
Fe
Recipient acknowledges and agrees that ODOT, the Secretary of State's Office of the
State of Oregon, the federal government, and their duly authorized representatives
shall have access to the books, documents, papers, and records of recipient which are
directly pertinent to the specific agreement for the purpose of making audit,
examinati9n, excerpts, and transcripts for a period of three years after final payment.
Copies of,pplicable records shall be made available upon request. Payment for costs of
copies is reimbursable by ODOT.
This agre.e~ent may be revised or amended by a supplemental writterr agreement
between th~ parties and executed with the same formalities as this agreement.
/
This agree~nent and attached and referenced exhibits constitute the entire agreement
between th~ parties on the subject matter hereof. There are no understandings,
agreement,,
agreement.
bind either
have been ~
effective o~
ODOT to e
ODOT of[
, or representations, oral or written, not specified herein regarding this
No waiver, consent, modification or change of terms of this agreement shall
party unless in writing and signed by both parties and all necessary approvals
)btained. Such waiver, consent, modification or change, if made, shall be
dy in the specific instance and for the specific purpose given. The failure of
nforce any provision of this agreement shall not constitute a waiver by
~at or any other provision.
Page 10 of 12
r-
ATTACHI~ENT
Page ~ of
EXHIBIT A
FY 2002 - 03 FINANCIAL INFORMATION
ODOT Agreement Number: 19759
Small City and Rural Areas (5311) Ope~alirlg
The information below Will assist auditors to prepare a report in compliance with the requirements of
the Office of Manageme~at and Budget (OMB) Circular A-133.
This grant is financed by the funding source(s) as indicated below:
Federal Program
Title
Federal Funds Available ithrough:
49 U.S.C. 5311 Small Ci!y and Rural Areas
Program
Federal Catalogue Nun~ber:
20.509
Federal Grant Number~
OR184019
Total Federal Funding
$42~084.00 ,
Federal Funding Agency
U.S. Department of TranSportation
Federal Transit Administration
Region X
Suite 3142
Federal Building
915 Second Avenue
Seattle, WA 98174
State Program Title
State funds available through ORS 323.455
and ORS 391.800 through 390.830.
Special Transportation Discretionary Fund
State Grant Number:
N/A
Total State Funding
N/A
State Funding Agency
Oregon Department of Transportation
Public Transit Division
Mill Creek Office Park
555 13t~ Street NE, Suite 3
Salem, OR 97301-4179
Page 11 of 12
Page, )4;L of
Exhibit B
Part I
Project Description and Budget
ODOT Agreement Number: 19759
Small City and Rural Areas (5311) Opey~ting
llA
T
Project Description Agreement Local Total
~ Amount Share
/City ofWoodburn /S~IP Key # $42,084.00 $42,084.00 $84,168.00
11345 I
TOTAL I $42,084.00 $42,084.00 $84,168.00
Expanded Project Description
Operating funds for City 9f Woodbum for general public transit service. The service area is within
the Woodbum city limits~ The type of service is fixed route with complementary paratransit and
dial a ride service. The city operates one fixed route during Weekdays. The service provides
transportation to minority populations comprising 52.6 percent of the service area population, with
the Hispanic population the largest at 50.1 percent of the population. Transit service information is
provided in Spanish and English.
EXHIBIT B
Part II - Operating
The following provision~ apply.
A. Operating Grants
Operating Grants are subject to a 50/50 grant match ratio meaning that the State
contributes Up to 50 percent of the approved project cost, not to exceed the agreement
amount. In the event that actual cost differs from estimated cost, the following applies:
a)
h)
Actual cost is less than estimated cost - The State shall contribute up to 50
percent of the actual cost.
Actual cost is more than estimated cost - The State's contribution is limited to
50 percent of the actual cost or the agreement amount, which ever is less. The
recipient may elect to contribute local money and continue the project, or
discontinue the project.
To receive reimbursement as described on ODOT Obligations, paragraph A, recipient
shall submit quarterly progress reports. Reports shall include a detailed statement of
revenues alad expenditures for each quarter, including documentation of local match
contributions. ODOT reserves the right to request such additional information as may
be necessary to comply with federal or state reporting requirements.
Page 12 of 12
]~ T
liB
July 22, 2002
TO:
FROM:
SUBJECT:
Honprable Mayor and City Council ~.~
Johr~ C. Brown, City Administrator'-~v '-
Temporary_ Street Closures
Recommendation:
It is recommended
Ordinance 2285 (T
Police the authorit
Background:
the City Council adopt the attached ordinance amending
he Woodburn Traffic Ordinance) and delegating the Chief of
to impose temporary street closures.
From time to timei the City receives requests to temporarily close streets for
block parties and ~imilar events. Each year, the City receives requests for street
closures related to INational Night Out. Pursuant to the Woodburn Traffic
Ordinance, requests for street closures require City Council approval. During
the last year, Council discussed, and approved granting the Police Chief
authority to impose temporary street closures. The Traffic Ordinance was not
amended, however, to allow for that change.
Discussion:
Attached is a propbsed ordinance amendment, delegating authority to the Chief
of Police to impos~ temporary street closures. The ordinance allows the Chief to
close streets for a maximum of 14 days. Closures of longer duration would still
require City CounCil approval.
With your approval of the attached ordinance, the Police Chief will grant 15 to 20
street closures ass6ciated with the 2002 National Night Out, and have authority
to grant similar requests for closures throughout the year, without further
Council action.
JCB
CC:
Chief of Police
City Attorney
llB
COUNCIL BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE 2285 (THE WOODBURN TRAFFIC
ORDINANCE); DELEGATING TO THE CHIEF OF POLICE THE AUTHORITY TO
IMPOSE TEMPORARY STREET CLOSURES; AND DECLARING AN EMERGENCY.
WHEREAS, under state law the City Council constitutes the road authority for the City
of Woodbum; and
WHEREAS, ORS 810.030 states that a road authority may impose restrictions on
highway use; and
WHEREAS, the Council wants to delegate to the Chief of Police the authority to impose
temporary street closures; and
WHEREAS, it ~is necessary to amend Ordinance 2285 (the Woodbum Traffic Ordinance)
in order to provide for this delegation of authority; NOW, THEREFORE,
~2ITY OF WOODBURN ORDAINS AS FOLLOWS:
THE
Section 1. Ordihance 2285 is hereby amended to provide for a new section, Section 4A
which shall read as follow:
Section 4A. Dt~ties of Chief of Police. In addition to any other duties
provided hereia, the Council delegates to the Chief of Police the authority
under ORS 81q.030 to impose temporary street closures for a period not to
exceed 14 days~ Temporary street closures may be made because of traffic
accidents or hazards, construction activity, natural disasters, special events,
or any other reason where temporary closure is necessary to protect the
interest and satiety of the general public.
Section 2. Emgrgency Clause. This ordinance being necessary for the immediate
preservation of the public peace, health and safety, an emergency is declared to exist and this
ordinance shall take effbct immediately upon passage by the Council and approval by the Mayor.
Approved as to fonn.~~,t'~'~~ '7" / 7" ~ O0 ~
N. Robert Shields, City Attorney Date
Approved:
Richard Jennings, Mayor
Page 1 - COUNCIL BILL NO.
ORDINANCE 'NO.
g lr
I llC
.~ MEMO
TO: City Administrator for Council Action
FROM: Julie Mo~)rCe~,(~. E~ Tech III through Public Works Director
Subject: Approvall of Electrical Lighting Improvement along Evergreen Road and Stacy
Allison Way
DATE: July 17, 2002
RECOMMENDATION~
It is recommended tha! the City Council approve Option 1 for the electrical lighting
improvement by PGE along Evergreen Road and Stacy Allison Way in the amount of
$29,586.88. '
NOTE: The lighting is~
increased volumes of traffic in the vicinity.
OPTIONS:
~ecessary for visibility and safety since both roads are handling highly
Option I - Evergreen and Stacy Allison
Option2 Evergreen Road
Option 3 RejeCt the improvement proposal
$29,586.88
$15,323.05
$0
BACKGROUND:
Last fiscal year the Str~
project along Evergree
installation of conduit
to W. Hayes Street. R
.,et capital improvement budget included a council approved lighting
n Road in the amount of $15,000. The project includes trenching and
o streetlights could be placed along Evergreen Road from Hwy. 214
.~cent, unprecedented city growth has highly increased traffic volumes
,onse to it, the project has been expanded to include Stacy Allison,
in the area, and in res[
from Evergreen to Harfard Blvd.
PGE will perform the electrical improvement work and supervise the work that is done by
their subcontractors. The total cost for lights to be installed on Evergreen and Stacy Allison
is $29,586.88. This wOrk includes all trenching, conduit placements, setting poles, pulling
electrical wire, and energizing the lights. It is most likely that the costs for improving Stacy
Allison at a later date Would increase due to added mobilization costs, if both street
improvements are not done at the same time. In addition, the lighting improvement along
both roadways is needed and staff analysis indicates that the proposed cost of improvement
is a good value.
This proposed project will exceed the line item budget but it will not exceed the total fund
budget as adopted by the Council. There will be no need to transfer funds from contingency
at this time.
Therefore, it is recommended that Option 1 be approved for the electrical lighting
improvement along Evergreen Road and Stacy Allison Way, in the amount $29,586.88.
This improvement will Provide the necessary lighting in this area and improve the safety and
visibility along these busy roadways.
T" V
11C
WOODBURN
INTERCHANGE
Existing Street Lighting
PROPOSED Street Lighting
Lighting likely to be scheduled in
neXt year~ proposed CIP
llC
STREET LIGHT PROPOSAL
Name of Project: Evergreen ,d. and Stacy Allison Wy. - Woodburn
The proposed street lighting eRuipment and charges for this project based on the current tadff,
Schedule 91 Option as listed ~below, are as follows:
STREET LIGHTS:
1___~_4 Option A, 27,500 lumeni 250 watt HPS luminaires
@ $13.92 each .........~ ....................................................................................... $194.88
POLES:
14 Option _.A, 35' Gray Fib ~=rglass poles
$11.36 each ............... , ..................................................................................... $159.04
TOTAL MONTHLY CHARGES .................................................................................... $353.92
INSTALLATION CHARGES:
Cost of line extension ................................................................................................... $4,201.48
Less line extension allowance .......................................................................................... 1,713.60
Net line extension charge ............................................................................................... 2,487.88
Credit for others to install bottom of two piece pole ........................................................... 1,708.00
Trenching, conduit, junction boxes, install bottom of two piece pole (by others) Evergreen Rd. 15,323.05
Trenching, conduit, junction boxes, install bottom of two piece pole (by others)Stacy Allison Wy. 13,483.95
TOTAL JOB COST ................................................................................................... $29,586.88
1T' T
11D
MEMORANDUM
To: The Maypr and Council through City Administrato,,.,,~ ,..,_.
From: David Tc~rgeson, Assistant City Engineer
Date: July 17, .)002
Subject: Front Strget Access Ramp
Recommended/~ction
dministrator to sign the application, and direct staff to submit
ighway Approach to Oregon Department of Transportation (ODO'r).
Authorize the City ,~
Application for State H
Background
The current Capital ImProvement Program includes a highway connection between Front
Street and Highway 2~14. Funding sources for the project have not been identified. ODOT
has made no commitments concerning this project. Construction work is not expected to
occur until FY 05-06.~ Present concepts for the project involve an elevated ramp at the
southwest quadrant of the intersection. The ramp would be "right turn in and right turn out."
It would allow direct apcess to Front Street by eastbound vehicles, and access from Front
Street to eastbound 214. A median barrier would eliminate left turns at the intersection,
which have contributed to accidents.
A preliminary investigation only will be undertaken at this time. Since the project involves
issues like access, lane width and location, and barrier curbs, ODOT will be a key
participant in design i development. For ODOT to participate, the project must have
standing. An ApplicatiOn for State Highway Approach has been prepared for this purpose.
ODOT requires that such application be accompanied by documentation of approval by the
municipal legislative authority. Review and comment concerning the application will
determine feasibility of proceeding further with preliminary design, estimates and
construction of the access ramp.
Attachment
Site Map
Page I of I
T' T
X152'7 O
1794
X
176.9
X
179.7
X179'2
CEMETERY
178.7
X
177.5
X
176.9
X
174.5
X
175,1
X
172.4
X
172.4
171,
17'.2
X
170.9
X
170.5
X
City of Woodburn
Police Department
270 Montgomery Street
STAFF REPORT
Woodburn OR 97071 (503) 982-2345
Date: July 16, 2002
From: Paul E. Null, Acting Chief of Police{
To: Mayor arid City Council
Through: John Bro~vn, City Administrat
Subject:
Liquor Lifense Application - Fonzie's Deli
Applicants:
Helen D. Abel & Miles R. Abel, LP
13643 Tilia Court
Aurora, OR 97002
Business:
Fonzie'sDeli
1585 N. Pacific Hwy ( Pacific Plaza)
Woodburh, OR 97071
1
llE
License Type: Limited On Premise Sales - Allows for the sale of Malt Beverage, Wine and
Cider
Recommendation: The Woodbum City Council approve a Limited On-Premise Sales liquor
liCense for Fonzie's Deli, 1585 N. Pacific Hwy, Woodburn.
On June 27, 2002, the Woodbum Police Department received an application for a liquor license
from applicants Helen and Miles Abel. The police department has completed an in-depth
background investigation on the applicants and found nothing of a questionable nature.
Helen Able was contacted during the course of the investigation in regards to the operational plan
for her establishment. Normal business hours will be from 8:00 am to 5:30 P.M. Monday
through Saturday. The business currently has a deli restaurant atmosphere with a substantial
"take-out" clientele. The business does plan on installing State Video Lottery Machines at a later
time. The machines will be installed out of sight of minors.
In completing a history of calls for service at Fonzie's Deli, the police department responded to
one call for service at this establishment (theft). The police department has received no
communication from the general public or surrounding businesses in support of or against this
establishment receiving ~ liquor license.
OLCC
Applicants
13A
July 22, 2002
TO: HonOrable Mayor and City Council/,~
FROM: JohnlC. Brown, City Administrator-"
SUBJECT: Tree,reservation
Recommendation:
Provide policy gui, lance to staff and the Planning Commission regarding the
preservation of tre,.'s on private property.
Background:
The City's DeveloF ment Ordinance restricts removal of street trees, and
addresses conserv~.tion of "significant" trees. The City does not otherwise
regulate tree remo, ral from private property. Chapter 3.106.40 of the ordinance
defines significant ~rees as "...any existing, healthy tree 24 inches or more in
diameter, measure, [ 12 inches above ground level." A tree removal permit is
required only when more than three significant trees are removed within any
calendar year from any lot zoned RS, R1S, or P that is less than .5 acres in area, or
when more than ot te significant tree is removed in any calendar year from a lot
zoned RS, R1 S or which is greater than 0.5 acres, or zoned other than RS, R1S
or P. A diseased o~ dangerous tree may be removed in an emergency without a
permit. ,
The property owner must replace each tree removed with two new trees on the
same property, if significant trees are removed pursuant to a permit. Each new
tree must be at leaSt 2 inches in caliper. Replacement standards do not apply to
trees removed without a permit.
Recent inquiries indicate an interest in preserving trees in Woodburn. City
Councilors raised the issue of tree preservation several months ago during a
discussion of the Boones Ferry widening project. A resident raised it again
during a recent Planning Commission discussion regarding the Tukwila PUD. I
have received citizen complaints regarding a perceived increase in removal of
trees in the downtown residential area and other established neighborhoods.
This concern is voiced privately as well, by the Mayor and individual Councilors.
Most recently, I received the attached letters from residents asking the Council to
enact measures to protect heritage trees.
Discussion:
Mayor and City C~uncil
July 22, 2002
Page 2.
13A
City staff reviewed the tree preservation and heritage tree ordinances of a small
sampling of cities t{hat enacted such legislation. These regulations span a wide
range of alternativ.es, from protection of specific tree species of a particular
height, canopy, an~ trunk diameter, to broad permit requirements that apply to
removal of any tree. If the Council wants to implement stricter tree removal
standards, among lhe issues that should be considered are the community and
environmental benefit of tree preservation vs. private property rights, the level of
staff resources necessary to administer a preservation program including the
time and cost of conducting effective educational and enforcement activities, and
effective deterrents to unauthorized tree removal.
This matter is placqd on your agenda to determine whether you are satisfied
with the protectiori the development code now affords trees in Woodburn, or if
you believe stricte~ standards should apply. If the Council desires stricter
standards, policy g~idance is needed to determine whether protection should be
limited to heritage ~ees, or be extended more broadly.
Please provide the ~ppropriate guidance in this matter. If you are not satisfied
that Ch.apter 3.106.g0 provides adequate protection of trees in Woodburn, it is
recommended youidirect staff to convey your guidance to the Planning
Commission, and request the Commission to undertake analysis of model
ordinances, conduct a public review process, and recommend the appropriate
legislative changes,
JCB
rc !r
July 10, 2002
13A
Mayor Dick Jennings
Woodburn City Hall
Woodbum, Oregon
Dear Mayor Jennings
It has been 116 years since my family began life in Woodbum, a city we have loved for
all those years. There fore, issues that effect its traditions, its heritage, and the historical
makeup mn very clos~ to the heart!
I write to you today al >out one of the most important characteristics we've been proud to
display to our familie; and our visitors. I speak of the trees. The trees that were planted
from the nursery ofJ~ :sse Settlemier have been admired for over a century. The trees that
line Settlemier Aven[ e and the Historical District blocks, as well as the trees that grow
along Boones Ferry Road and many others throughout Woodbum, added beauty to our
city for all these man' years.
One of the most beauliful and rare maples grows on Arthur St. on the
property
once
owned by my parents4 It is over 14 feet in circumference and should to be preserved.
There are so many m9re just as lovely and we are now beginning to see them cut down!
Mr. Mayor, I respectfhlly request that you and the City Council create an ordinance to
save and protect this l~art of our heritage. Please make provisions to designate certain
trees as Heritage Trees, as so many cities have done. As we have sought to protect our
wilderness areas, can we do any less for our own communities? I don't think so. Let us
act before we have to !live with loss and regret.
Respectfully, ~
425 Smith Drive
Woodbum, Oregon
97071
13A
july 16, 2002
John Brown
City Manager
Woodbum, Oregon
Dear John Brown:
I am writing on the behalf of several homeowners m my neighborhood about adopting a Heritage Tree
Program for the city of Woodbum. Heritage trees are those individual trees and groups of trees that have
been designated as signiOcant on the basis of their importance in the areas history. They are often
acknowledged due to th{ir involvement or inclusion in the development of landscape architecture, forestry,
city planning, and culturL They possess integrity of location, setting, or design, and represent events, heritage,
feeling, and association. '
Over the past couple of lyears, 1 have noticed a disturbing trend. Woodbum residents are removing large,
established trees of 12 itches in diameter or larger. In two specific incidents I witnessed, the trees were easily
30 inches in diameter anti possibly on city property. I was told that one of the trees on Setflemeir was an
original tree planted by t~e Settlemeir Family when the land was settled.
We would all like to see ~ heritage tree program become part of Woodbum's preservation and beautification
policies and integrating iI into the city's tree ordinance, requiring a special permit request from flae planning
commission anytime there is an interest in removing a designated heritage tree.
Sincerely, ~ ~
Address:
Address:
^ddress: Gcor 4
1~ 'Ir
CITY OF WOODBURN
Community Development
270 Montgomery Street
Date: July 22,
To: Honoral
From: Jim Mul
Subject: Plannin!
constru,
comple~
At their regularly-sch
approved by final orc
14A
MEMORANDUM
Woodburn, Oregon 97071
(509 982-5246
2002
Die Mayor and City Council thru City Administrato~~'~
der, Director of Community Development/~
//
] Commission's Action on Site Plan Rev[~w 02-05, a request to
:t an education facility within an existing multi-family housing
9duled meeting on June 27, 2002, the Planning Commission
er a site plan review request to construct an education facility
within the existing Nu(~vo Amanecer multi-family housing complex. This decision is final
unless the City Council calls this decision up for review.
Applicant
Property Owner:
Farmworker Housing Development Corporation
1274 Fifth Street, lA
Woodburn, OR 97071
NATURE OF THE APPLICATION: The applicant propos, es to construct an 8,600 sq. ft.
education facility, "Cipriano Ferrel Education Center', located within the Nuevo
Amanecer multi-family housing complex. The facility is the final phase of the overall
housing complex and i is proposed to be located on the east side of the existing office
and residential building within the complex. The proposal includes a plaza and
playground area between the education facility and the existing office/residential
building on the site.
RELEVANT FACTS: The subject site is located on the southeast corner of Hwy 214
(Newberg Hwy) and Fifth Street, addressed at 1274 Fifth Street. It can be further
identified on Marion County Assessor Maps as Township 5 South, Range 1 West,
Section 7DB, Tax Lot 300.
The entire Nuevo Arnanecer complex is on 3 separate parcels which all total 11.14
acres in size. Said Parcels are all under the applicant's ownership. The parcel on
which the education facility will be located is approximately 1 acre in size (43,828
square feet) and comprises the northwest corner of the overall complex. The entire site
currently consists of a 91-unit multi-family housing complex with play areas, a laundry
facility, and an office ifor the Farmworker Housing Development Corporation (FHDC).
The residential units am each 1-4 bedrooms units.
1
14A
The entire site was approved in 3 phases in 1992 (Site Plan Review 92-14). The first 2
phases consisted of~0 residential units, 2 outdoor play areas, and a laundry facility.
The third phase was a~pproved for a daycare and a multi-purpose building on the subject
1-acre parcel. The da[ycare was to be located in an existing 4-plex building on west side
of the subject parcel. The 4-plex was never converted into a daycare. Instead, three of
the units were converted into an office for FHDC, and the other one residential unit
remained. With the One remaining residential unit, there are a total of 91 units on the
overall site. The multi~-purpose building was never constructed. The education facility
will be located where the multi-purpose budding was originally approved, and this
subsequent site plan review approval is required for this change.
The education facilityi will consist of 2 adult classrooms, 2 head start classrooms, a
daycare, office spaceI a computer lab, restrooms and a kitchen. The building is to be
one story. A plaza apd fenced playground area are proposed between the education
facility and the existing office/residential building to the west.
The parcel on whiCl~ the education facility will be located is zoned Multi-Family
Residential District (I~M). The adjacent properties to the north (across Hwy 214) are
zoned Commercial Office District (CO) and Public Education District (PE); these
properties consist of office establishments and vacant land which is part of the
Woodburn High SchoOl site. The adjacent property to the west (across Fifth Street) is
zoned RM District and has an existing church. The adjacent properties to the south and
east are zoned RM District and comprise the remainder of the Nuevo Amanecer
complex.
2
MONTHLY OFFICE STATISTICS
A B C g E I F G U I I J I K L I M
3 January 10 7~ 223 162 4 389 172 1¢ 182 4 95 106
4 February 8 8 295 226 10 531 212 14 226 15 265 219
5 March 15 28 284 174 24 482 322 93 415 206 331 165
6 April 14 9 296 175 32 503 386 166 552 296 383 421
7 May 4 13 300 116 5 421 268 92 36¢ 9 339 600
8 June 5 2 337 112 9 458 252 106 358 0 256 782
9 July
10 August
11 September
12 October
13 November
14 December
monthly office statistics.xls
·
' · h 'g P 'g
· Preserv~ng-En anc~n - rotecnn
Woodburns' Watershed
WATERSHED CHARACTERISTICS
8,680 Acres of drainage area
- Two major watersheds
- Over 50 miles of stormwater lines and ditches
- About 5,500 individual properties served
- Existing Investment-- $20 Million
·
· · · ·
· Preserving- Enhancing - Protecting
Woodburns' Watershed
STORM WATER PLAN GOALS
- Mitigate impacts on downstream properties
- Safe and economical stormwater conveyance
- Establish a drainage routing plan
- Establish detention performance criteria
Integrate existing policies with detention
standards
· Preserving- Enhancing - Protecting
WoodbUrns' Watershed
STORM WATER PLAN GOALS (cont' d)
- Identify a reimbursement system
- Establish system ownership criteria
- Provide for maintenance
- Comply with state and federal regulations
- Preserve natural floodwater storage volumes
· ' Enhancing Protecting
· Preserving - -
Woodburns' Watershed
WORK TO DATE
· Hydrologic Model Development
· Flow Regulation Review
· System Inventory Completed
· Technical Master Plan Report Completed
· Held 4 Neighborhood Meetings
· Integrated Public Input
Preserving Enhancing Protecting
Woodburns' Watershed
PERFORMANCE STANDARDS
A. FLOW CONVEYANCE
1. Primary Drainageway -- 100 year event
2. Secondary Drainageway -- 50 year event
3. Local Drainageway-- 25 year event
·
' ' Enhancing Protecting
· Preserving - -
Woodburns' Watershed
PERFORMANCE STANDARDS (cont'd)
B. STORAGE AND DETENTION
1. Natural System- Protect 100 year
floodplain
2. Detention Ponds - Utilize existing,
approved methods
3. Constructed Storage System- Allow
shifting of natural storage or enhancement of
existing systems
· · · · · · · ·
' ' Enhancing Protecting
· Preserving - -
Woodburns' Watershed
STORM FLOW MANAGEMENT PROGRAM
- Builds on existing, adopted policy
- Specifies responsibility for flow management
- Describes stormwater mitigation options
- Incorporates design standards for stormwater
facilities
- Provides for reimbursement of upstream service
costs
Preserving- Enhancing- Protecting
WoodburnS' Watershed
FUTURE ISSUES
1. Storm water qualit3~ regulations (Phase II)
currently under development by EPA and
DEQ
2. Addressing system modifications and
financing after regulations are finalized
· · · · · · · ·
Preserving- Enhancing- Protecting
Woodburns' Watershed
· NPDES - Phase II
1. S tormwater runoff and water quality
impacts
2. Expect DEQ decision by Jan. 1, 2003
3. City to apply for permit by July 2003
4. Expect a program of "best management
practices", not capital intensive
· · · · · · · ·
· ' Enhancing Protecting
· Preserving - -
Woodburns' Watershed
MS4 - PHASE II Program Elements
1. Public Education and Outreach
2. Public Participation/Involvement
3. Illicit Discharge Detection and Elimination
4. Construction Site Runoff Control
5. Post Construction Run°ff Control
6. Pollution Prevention/Good Housekeeping
· · · · · · · ·
· ' Enhancing Protecting
· Preserving - -
WoodbUrns' Watershed
NEXT STEPS
- Adopt the Storm Drainage Master Plan and
related policies
Respond to Phase II requirements - expected in
early 2003
Staff to begin preliminary work on creation of a
utility to fund improvements
· · · · · · · ·
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