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Agenda - 12/09/2002 WOODBURN CITY COUNCIL AGENDA DECEMBER 9, 2002 7:00 PM 1. CALL TO ORQER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcemen~s: A. Holiday Closures: ChristmClis: City Hall and the Library will close at noon on December 24, 2002 and will reopen for regular business hours on December 26,2002. The Library will be open December 24 from 8:00 a.m. to noon. The Aquatic Center will be closed on December 24 and 25, 2002. New Ye~rs: City Hall, the Library, and the Aquatic Center will be closed on January 1, 2003. B. The Winter Recital/Dance will be on December 14 at Woodburn High School with performances at 1 :00 and 3:00 p.m. C. The Festival of Music will be on December 16 and December 18 from 7:00 to 9:00 p.m. at Woodburn High School. Appointments: A. Youth Council Recommendations................ ................................................... 1 Oath of Office (Mavor and Councilors for Wards III. IV. and V) Election of Council President 4. PROCLAMA liONS/PRESENTATIONS Proclamations: None Presentations: A. New Facilities and Aquatics Manager, Steve Newport B. Livability Task Force Property Pride Awards - Woodburn Company Stores Council Agenda of December 9, 2002 Pagei ~"""-"""",,,-"^,__"",-_~,_,,<_______,_,,~,,,,,,,,,,-,,_,,,,,,,,,,,,'~""""~.;----..--+..-. J T' f 5. COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn Downtown Association 6. COMMUNICATIONS A. Letter from James Cox resigning as a member of the Woodburn .................. 9 Planning Commission. B. Letter from Woodburn Eagles Lodge #3284 regarding Christmas ................10 Food Drive. 7. BUSINESS FROM THE PUBLIC (This allows the public to introduce items for Council consideration not already scheduled on the agenda.) 8. CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. A. Woodburn City Council minutes of November 25,2002 regular.................... 11 and executive sessions. Recommended Action: Approve the Woodburn City Council minutes. B. Woodburn Recreation and Park Board minutes of November 19, 2002........22 Recommended Action: Accept the Woodburn Recreation and Park BOfJrd minutes. C. WoodbUlrn Livability Task Force minutes of September 17, 2002 .................25 Recommended Action: Accept the Woodburn Livability Task Force m;nutes. D. Certified Election Results - November 5,2002 General Election.................. 28 Recommended Action: Receive the report. E. Aquatic Center Chemical Separation Building Update .................................. 33 Recommended Action: Receive the report. F. Mill Creek Pump Station Status Report ................. ................. ....................... 34 Recommended Action: Receive the report. G. Building Activity for November 2002.............................................................. 35 Recommended Action: Receive the report. H. Planning Project Tracking Sheet dated 12-2-02............................................ 36 Recommended Action: Receive the report. Council Agenda of December 9, 2002 Page ii To , .,.! -I> I. Tree and Poison Oak Removal in Burlingham Park ..........................,........... 39 Recommended Action: Receive the report. 9. TABLED BUSINESS None. 10. PUBLIC HEA~INGS A. Comprehensive Plan Map Amendment 01-03 and Zone .............................. 40 Change 01-07 (Doman) Recommended Action: Open and continue the public hearing to the City Council meeting of January 13, 2003. 11. GENERAL BUSINESS A. Council Bill 2424 - Ordinance approving subdivision Case No. 02-03.......... 41 known as "Woodburn Crest Estates," and attaching certain conditions thereto. Recommended Action: Adopt the ordinance. B. Council Bill No. 2425 - Ordinance amending Ordinance No. 2109, ............. 53 the Portland General Electric Company Franchise, to extend said Ordinance until February 28, 2003. Recommended Action: Adopt the ordinance.. C. Council Bill 2426 - Resolution entering into an agreement with ................... 56 the City of Hubbard, Oregon for the purpose of allowing police use of the Firearms Range and authorizing the Police Chief to sign said agreement. Recommended Action: Adopt the resolution. D. Council Bill 2427 - Resolution re-establishing the compensation .................62 schedule for hourly and seasonal employees. Recommended Action: Adopt the resolution. E. Council Bill No. 2428 - Resolution to keep November 11th as ......................66 Veterans Day. Recommended Action: Determine Council policy, and adopt the resolution (if necessary). F. 2003 Tourism and Economic Development Grant Award.............................. 68 Recommended Action: Award a 2003 Tourism and Economic Development Grant in an amount not-to-exceed $35,888, pending execution of a fee-for-services contract. Council Agenda of December 9, 2002 Page iii I , . G. SDC Deferral for Crown Two Development, LLC ..........................................85 Recommended Action: Approve SDC deferral for Crown Two Development, LLC, contingent upon execution of an SDC Loan Contract, and authorize City Administrator to execute loan contract. H. Owest Audit...................................................................................,..........,.... 90 Recommended Action: Authorize the City Administrator to execute an Intergovernmental Agreement related to Telecommunications Financial Review Services. I. Alternative Traffic Impact Fee Rate Calculation for Safeway......................... 95 Recommended Action: Reject the alternative Traffic Impact Fee rate for Safeway. J. Cancellation of December 23,2002 meeting............................................... 105 Recommended Action: Cancel December 23, 2002 meeting. 12. PUBLIC COMMENT 13. NEW BUSINESS 14. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These are Plarlming Commission or Administrative Land Use actions that may be called up by the City Council. A. Community Development Director's approval of Residential....................... 106 ArchitecturalStandard Substitution 02-02 (1084 Comstock Way). 15. CITY ADMINISTRATOR'S REPORT 16. MA VOR AND COUNCIL REPORTS 17. EXECUTIVE SESSION A. To conduct deliberations with persons designated by the governing body to negotiate real property transaction pursuant to ORS 192.660( 1 )( e). B. To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660 (1)(h). C. To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (1 )(f). 18. ADJOURNMENT Council Agenda of December 9, 2002 Page iv I ~ ~ T WOODBURN 3A ORE G 0 N fl1cOrrOrfl(cd 1889 MEMORANDUM TO Richard Jennings - Mayor Kathy Figley - Mayor-Elect FROM Brian Sjothun - RecreatIon Services Manager f1J- RE: Youth Council Recommendations DATE: December 3, 2002 Through our partnership with Woodburn Together, we are able to offer the Teen Scene program for middle school and high school students in Woodburn, This is being accomplished through a grant from the Drug Free Communities Support program as administered by the Office of Juvenile Justice and Delinquence, A major part of this grant is the formation ofa Woodburn Youth Council. This council will consist of seven high school students from Woodburn High, These individuals will help to shape many of the activities, rules and policies that will govern the program. In addition, the youth council will provide leadership training to not only themselves but to the middle school students that they will mentor as well, We conducted interviews last week of those high school students that submitted an application form. We have attached their applications to this memorandum for your review. Our interview team has ranked them in order of how they presented themselves in the interview and application process. The outcomes are as follows: Rank Name 1 Givorgy Kraskoff 2 Ryan Kliewer 3 Christie Cotter 4 Nargis Rabimova 5 Laura Pen a 6 David Georgieff 7 Margie Felix Staff Recommendation On the Monday, December 9'" Woodburn City Council meeting, we recommend that these seven students above be appointed to the Woodburn Youth Council in accordance with our grant application, The youth council members will begin work immediately in order to allow the program to begin on February I, 2003, The terms of their appointment should run until September 30, 2003. Cc Randy Westrick Recreation and Parks Department 270 ^ I~Nr~~mcry Strut. Woodbu'N, ()'t~OIr ':1707 f PIt503-982-52"~ . Fax 503-982-$244 1 ,.. ...,._..,..,_.n_____-.-'....._"_,~~,__...,....,"""_'__fI.-__--,"-,~.-............,~-.__..~..., ... .. t T APPLICATION FOR CITY OF WOODBURN ,.eo>'" r;/' rUo WOODBURN YOUTH COUNCIL AFTER SCHOOL CLUB ADVISORY COMMITTEE Name: Dale: Message Phone: Mailing Address (If different from above a dress): Councilor Committee Applying For: o After School Club Advisory Committee ~ High School Youth Council o Middle School Youth Council Why you want to serve as a volunteer: What experience/expertise/interest do you have for this group? When you apply, it is understood that you will be volunteering to attend all meetings and to actively participate. These positions generally meet once monthly, during the evening hours. Some groups may meet more often, if necessary. This form is not an application for a City Councilor Mavor nosition. Mail Application Form To: Recreation Division, 400 S. Settlemier Ave., Woodburn, OR. 97071 Contact: Brian Sjothun - 982-PLA Y(7529) for more information regarding these positions 2 .. &'\(...... ,\~ oV APPLICATION FOR CITY OF WOODBURN cf) WOODBURN YOUTH COUNCIL AFTER SCHOOL CLUB ADVISORY COMMITTEE Address: \ ~ ('). ~)- \ h\\ ( ~/ 1\\ C \(l U ^v\ \ U'\ D ( Cl:i 0 I \ Date: II ~ Od- Name: n \~ AN CIty/Zip Home Phone:~D ~ --<13\ - .,)O~C")Vork Phone: Years Lived In Woodburn \6 Occupation: "') \-\J C"e.-v"\ \- Message Phone: Councilor Committee Applying For: N \Jh\- tv.."- ~ \ ~t.~ k ~~~,Lt.- ::\0 ~e, ~~Vfr-\\~<<- Education or Year in School: Mailing Address (If different from above address): o After School Club Advisory Committee if High School Youth Council o Middle School Youth Council Why you want to serve as a volunteer: ~et~ r .(.e~\ '\ ~ ~:r:. CC't Y\ et Kf0 01. " f{u ^()e.~ o.,M ~ \O~ ~ UJ:xdbor n 0... \~, What experience/expertise/interest do you have for this group? 1M C + eft ~ 'J.oot.;, 'So l/~ 0.\ not ral~ p\QrYT\ 1(1 0, , HOf'r'Uom ( -I' c.bJ" o{o~ th ,f' \ r t?(). .f' c-) f)()GC When you apply, it is understood that you will be volunteering to attend all meetings and to actively participate. These positions generally meet once monthly, during the evening hours. Some groups may meet more often, if necessary. This form is not an application for a City Councilor Ma or os.tion. 'Mail Application Form To: Recreation Division, 400 S. Settlemier Ave., Woodburn, OR. 97071 Contact: Brian Sjothun . 982-PLA Y(7529) for more information regarding these positions 3 ~__>".'''''~~~_~_''''''''-'''''~'''''-''4''''''+<~' t T ~~,\V 017 ",.--,5 APPLICATION FOR CITY OF WOODBURN WOODBURN YOUTH COUNCIL AFTER SCHOOL CLUB ADVISORY COMMITTEE Name: Date )(\1( ~ ~\\ L R.x Address: ~ I C{ M'L-u-.u- V\ \, {\ City/Zip ,'( (\ C\107 \ Home Phone: Work Phone: N "- CLl\ ~ Phone: ~~) t',~) I . -yu 'J Occupation: Education or Year in School: '( ()... U Mailing Address (If different from above ad ess): Councilor Committee Applying For: o After School Club Advisory Committee aa High School Youth Council o Middle School Youth Council Why you want to serve as a volunteer: \d \l'O.. -\0 ~-\ \.\.--;'~e...>(\ u e... When you apply, it is understood that you will be volunteering to attend all meetings and to actively participate. These positions generally meet once monthly, during the evening hours, Some groups may meet more often, if necessary. This (orm is not an application (or a Citv Councilor Ma or 0 ition. Mail Application Form To: Recreation Division, 400 S. Settlemier Ave., Woodburn, OR. 97071 Contact: Brian Sjothun - 982-PLA Y(7529) for more information regarding these positions 4 t , T r.r,/ ;;c' ' rr! J / APPLICATION FOR CITY OF WOODBURN WOODBURN YOUTH COUNCIL AFTER SCHOOL CLUB ADVISORY COMMITTEE Namc: Datc) I Mcssage Phone: 50 - Mailing Address (If different from above address): ~ M Councilor Committee Applying For: o After School Club Advisory Committee . High School Youth Council o Middle School Youth Council Why you want to serve as a volunteer: \ L 0~ lv.e_ When you apply, it is understood that you will be volunteering to attend all meetings and to actively participate. These positions generally meet once monthly, during the evening hours. Some groups may meet more often, ifnecessary. This form is not an application for a City Councilor Ma or os:tion. Mail Application Form To: Recreation Division, 400 S. Settlemier Ave., Woodburn, OR. 97071 Contact: Brian Sjothun - 982-PLA Y(7529) for more information regarding these positions 5 '_. I "''F ... OW APPLICATION FOR CITY OF WOODBURN ~\ WOODBURN YOUTH COUNCIL AFTER SCHOOL CLUB ADVISORY COMMITTEE Name: Date: \ Address: City/Zip: Message Phone: Occupation: Education or Year in School: '~:" ,-,\ "",...."-\;-(....,,,'f) ," )' ! \.', '(\', \. J\ .... Mailing Address (If different from above~address): Councilor Committee Applying For: o After School Club Advisory Committee i:J High School Youth Council o Middle School Youth Council What experience/expertise/interest do you have for this group? ~' :\ (\ ',\y \\ " Ii ,( J When you apply, it is understood that you will be volunteering to attend all meetings and to actively participate. These positions generally meet once monthly, during the evening hours. Some groups may meet more often, if necessary. This form is not an application for a City Councilor Mavor oosition. Mail Application Form To: Recreation Division, 400 S. Settlemier Ave., Woodburn, OR. 97071 Contact: Brian Sjothun - 982-PLA Y(7529) for more information regarding these positions 6 ... 0'./ APPLICATION FOR CITY OF WOODBURN \VOODBURN YOUTH COUNCIL AFTER SCHOOL CLUB ADVISORY COMMITTEE Namc'"" . .y<<.J, Addrcss: City/Zip (170 7 ( Homc Phone: Work Phone: Message Phone: }:) ~ -'1 X - ~6 b ~ Occupation .')" \- '^ Education or Year in School:~ ~ 0' C; (" "'> 1- ) Mailing Address (If different from above address): \ .' Councilor Committee Applying For: o After School Club Advisory Committee 9" High School Youth Council o Middle School Youth Council Why you want to serve as a volunteer: ~<) do 0 r ,JJeeid.J\l'.> \ ((1 What experience/expertise/interest do you have for this group? '~ ri'> v-Jh i\., C \ vt \, (i.lte t I fL~ CO.....1CI ~I\~ 1~J , When you apply, it is understood that you will be volunteering to attend all meetings and to actively participate. These positions generally meet once monthly, during the evening hours. Some groups may meet more often, ifnecessary. This form is not an application for a City Councilor Ma or os, 'lion. Mail Application Form To: Recreation Division, 400 S. Settlemier Ave., Woodburn, OR. 97071 Contact: Brian Sjothun - 982-PLA Y(7529) for more information regarding these positions 7 T I .,.. ~ T " (, c./ [J , r"y APPLICATION FOR CITY OF WOODBURN WOODBURN YOUTH COUNCIL AFfER SCHOOL CLUB ADVISORY COMMITTEE Name M o...U'~1 MO\(i e: feHx Date \ \ - 5 - 0 2 Address: 2laO Se(\e-CL\ ct. City/Zip W.jC'loH)l,\vr" 0 R. q 7071 Home Phone: '1 f 1 - wLJ 17 Work Phone Message Phone Years Lived In Woodburn: j I Occupation: S t-tAoI.ent IH '19 V1 ~t1cof) Education or Year in School: , 'fv\ ~'({Xc{ e Mailing Address (If different from above address): Councilor Committee Applying For: 0 After School Club Advisory Committee ~ High School Youth Council 0 Middle School Youth Council When you apply, it is understood that you will be volunteering to attend all meetings and to actively participate. These positions generally meet once monthly, during the evening hours, Some groups may meet more often, if necessary. This form is not an application for a City Council or Mavor nDsition. Mail Application Form To: Recreation Division, 400 S, Settlemier Ave., Woodburn, OR, 97071 Contact: Brian Sjothun - 982-PLA Y(7529) for more information regarding these positions 8 '" .-----. . ~. I ~J T . JAMES A. COX December 3,2002 Mayor and City CounCil City of Woodburn Woodburn, Oregon REC'O 6A DEe 0 4 2002 WOODBURN 1~3~~M~mA\5fICE WOODBURN, OREGON 97071 PHONE/FAX (503) 982-4039 E-MAIL JIMCOXLAW@JUSllCE.COM At the suggestion Deniece Won, and in order to clear the records, I formally resign as a member of the Woodburn Planning Commission, effective upon my taking office as a City Councilor, cc: John Brown Jim Mulder Deniece Won ,....,.d."'.._.__~__~~.~..."......._'..."-,M....__.___,._~_'_='~'J'--'-~~;_"""'"'" t ..,... ~.......--.-.__..~--......., Very truly yours, J 9 ... WOODBURN F.O.E. #3284 139 S SETTLEMIER WOODBURN OR 97071 REC'D 6B DEe 0 4 2002 CITY OF WOODBURN 270 MONTGOMERY ST WOODBURN OR 97071 WOODBURN CITY ADMINISTRATOR'S OFFICE THE CHRISTMAS SEASON WILL SOON BE UPON US AND WE, AT THE WOODBURN EAGLES LODGE WOULD LIKE TO GET AN EARLY START ON THIS BUSY TIME OF YEAR SO WE ARE ASKING FOR YOUR HELP, WE FEEL THAT THIS WILL HELP NOT ONLY THOSE WHO ARE LESS FORTUNATE THAN WE ARE, BUT WILL GIVE US THAT WARM GLOW THAT COMES WITH HELPING OTHERS, OUR PROJECT AT CHRISTMAS TIME IS "THE WOODBURN FOOD BANK". WE PROVIDE THIS SERVICE THROUGH DONATIONS FROM SPONSORS SUCH AS YOURSELF AND FROM VARIOUS FUND RAISERS AT OUR EAGLES LODGE. THIS WILL BE THE FOURTH YEAR WE WILL FOCUS ON THE NEEDS OF THOSE LESS FORTUNATE THAN WE ARE. WE SINCERELY HOPE THAT WE WILL BE AS SUCCESSFUL AS WE HAVE BEEN IN THE PREVIOUS YEARS. ANY DONATION OF $25.00 OR MORE WILL RECEIVE TWO STEAK DINNER TICKETS AT THE WOODBURN EAGLES LODGE,OF COURSE WE WILL ACCEPT ANY CONTRIBUTION. WE WOULD WELCOME ANY DONATIONS OF CANNED GOODS OR NON.PERISHABLES AND IF NEEDED ARRANGEMENTS CAN BE MADE TO PICK UP YOUR DONATIONS. IN ADVANCE, WE THANK YOU FOR HELPING US MAKE THE UPCOMING HOLIDAY SEASON A MEMORABLE ONE FOR THE NEEDY CITIZENS OF OUR COMMUNITY. PLEASE SEND THE BOTTOM PORTION OF THIS LETTER, WITH THE APPROPRIATE BOXES CHECKED, ALONG WITH YOUR DONATION TO: CHRISTMAS FOOD DRIVE LORNA GALlNNIS, SECRETARY 139 S SETTLEMIER WOODBURN OR 97071 503-981.3011 SINCERELY, CHRISTMAS BASKET CHAIRPERSONS II PLEASE SEND ME A RECEIPT FOR MY FOOD DONATION. II I AUTHORIZED THE WOODBURN EAGLES LODGE #3284 TO USE MY NAME/COMPANY NAME IN A NEWSPAPER ARTICLE AS A SPONSOR OF THE 2000 CHRISTMAS FOOD DRIVE FOR THE NEEDY. SIGNATURE COMPANY NAME 10 f .... = '... I T SA COUNCIL MEETING MINUTES NOVEMBER 25, 2002 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, NOVEMBER 25, 2002. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding, 0010 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Jennings Bjelland Chadwick Figley McCallum Nichols Sifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Public Works Manager Rohman, Police Chief Russell, Finance Director Gillespie, Asst. City Engineer Torgeson, City Recorder Tennant Mayor Jennings stated that, since this was his last meeting in which he will be presiding as Mayor, he would be changing the order of the agenda. 0060 PUBLIC HEARING: CONTINUATION OF HEARING ON SUBDIVISION APPLICATION NO. 02-03 (WOODBURN CREST ESTATES MOBILE HOME PARK). Mayor Jennings declared the continuation ofthe public hearing open at 7:04 p.m.. Recorder Tennant read the land use statement required under ORS Chapter 197. For the record, Mayor Jennings stated that he is not related to, nor ever met, the applicant, Jerry Jennings. Director Mulder stated that this is a proposal to convert the existing Woodburn Crest Estates Mobile Home Park into a 45-10t subdivision. The property is located at the southeast comer of June Way and Highway 211 and is zoned in a multi-family residential district. He stated that the Oregon 2001 Legislature had adopted a new statute (ORS 92.830 to 92.845) that would generally require the City to approve any application to subdivide a mobile home park, notwithstanding local subdivision regulations, which were adopted under the previously existing state law. This new law limits the City's discretion and, in this case, infrastructure concerns needed to be addressed which is why the staff has negotiated a proposed Subdivision Conversion Implementation Agreement with the applicant. The Planning Commission did hold a public hearing on this issue and the Commission did recommend a denial of the application. However, the applicant, city staff, and respective legal counsels did enter into discussions on how the application Page I - Council Meeting Minutes, November 25, 2002 11 , I + J T COUNCIL MEETING MINUTES NOVEMBER 25, 2002 TAPE READING could be approved. This was based on a desire of the applicant to address the practical considerations that staff had raised throughout the process and on a perception that a majority of the Planning Commission appeared to be in favor of allowing the conversion to go ahead if these practical considerations and technical issues could be addressed, The practical considerations primarily relate to the disposition of the infrastructure system within the existing mobile home park and it relates to the number of lots that would be allowed in an approval. The Planning Commission had previously approved a 40-10t mobile home park and this proposal is for a 45-10t subdivision. The proposed agreement would allow for 43-10ts in order to compensate the applicant for upgrading the infrastructure within the mobile home park to meet city standards. The applicant has agreed to the proposal which would bind them to compliance of certain conditions and complete various improvements. City staff feels that this proposed agreement adequately addresses staff's concerns regarding the conversion to a subdivision and, with this agreement, staff believes that the City Council is now in a position to approve the application under the new State statute if they so desired. Councilor Bjelland questioned if staff new how many other conversions have taken place since this statute has been in effect. Director Mulder stated that he is aware of one in Donald and one in Salem. Councilor McCallum questioned if all aspects of this project are now standard for a subdivision. Director Mulder stated that the applicant has agreed that, before the City will approve a final plat which can be recorded and creates the lots, the provisions of the agreement must be met. Councilor McCallum questioned if the Planning Commission had taken another formal vote following the original denial. Director Mulder stated that Commission minutes reflect that a majority of the Commission expressed a desire to allow the conversion if staff s concerns and the legal issues could be addressed. No formal action was made by the Commission to change the original decision from a denial. Councilor McCallum also questioned if the proposed agreement is adopted, would it bind the Council in the future to allow future conversions provided that standards are met. City Attorney Shields stated that each case will be looked at individually but one case may have some relevance to future cases. He stated that provisions within this statute do not include certain subdivision law that would normally be applicable and an implementation agreement seemed to be the best method of making this proposal workable. Future cases may have some similarity to this case but each application still needs to be looked at separately. Administrator Brown indicated that staff would like to have future requests be treated similarly, however, it may not be possible in all cases. This particular case has given the City a little more latitude in negotiating some of the improvements than what the City Page 2 - Council Meeting Minutes, November 25, 2002 12 -- . r' T COUNCIL MEETING MINUTES NOVEMBER 25, 2002 TAPE READING may be looking at in some of the older more established mobile home parks in the City. Councilor Bjelland stated that it appears that the City is accepting responsibility to maintain the water system and the sanitary sewer system whereas the streets would remain as private streets and the homeowners association would be responsible for their maintenance, Councilor Figley stated that she was pleased to see that the developers were asked to submit a copy of the Homeowner's Association agreement and the CC&R's. She also hoped that the documents were clear on the face of them to the homeowners that they are responsible for some of the infrastructure and, ifit does not meet city standards, the City will not responsible for making improvements that will bring the infrastructure up to City standards. Councilor McCallum questioned if there has been a cost to the City on this application other than staff time. Administrator Brown stated that the only cost to the City as of this date has been staff time and staff has tried to engineer this proposal in a way to not incur a cost to the City and to try and minimize the cost to the homeowners. 1078 John Hinkstaff, attorney with Ramis, Crew, Corrigan, & Bachrach representing applicant Jerry Jennings, reiterated that this proposal is a conversion of a mobile home park to a subdivision, therefore, the infrastructure approved by the City previously worked well for a mobile home park but does not necessarily work well for a subdivision. His firm has negotiated with City staff the conversion agreement and the tenants were very appreciative of the opportunity to become homeowners. He felt that there was assurance that the public standards would be met for the water and sewer, and the street would remain as a privately maintained road. Therefore, they believe the concerns of the Planning Commission and staff have been met. They appreciated the cooperation of staff and requested the Council to follow the recommendation of staff in approving this proposed agreement. Councilor Bjelland questioned how many lots were currently occupied within the subject property. It was noted that there are 12 lots currently occupied. 1306 No other comments were received from the audience on this proposal. Mayor Jennings declared the public hearing closed at 7:23 p.m.. Councilor Nichols stated that he is satisfied with the proposal since the applicant has agreed to the provisions asked for by the staff. Councilor Figley stated that the City is tied to statutory requirements and this subdivision will have sub-standard infrastructure since it was originally designed as a mobile home park. However, the public will not have to pay for the infrastructure improvements required as a part of this agreement. Page 3 - Council Meeting Minutes, November 25, 2002 13 - , r J T COUNCIL MEETING MINUTES NOVEMBER 25, 2002 TAPE READING Councilor McCallum expressed concerns for the future especially since Homeowner's Association and CC&R's are not always followed, He appreciated the staffs work on this project and in helping the developer and owners of this park. Councilor Bjelland stated that there have been problems with mobile home parks when in a rental situation which is why the state may have responded in the way that is outlined in the statute. He felt that the negotiated agreement is probably making the best out of the situation and it is probably in the best interest of the residents where they have an opportunity to own their lot as opposed to being potentially faced with increasing fees for space rental. Councilor Sifuentez agreed with the comments made by Councilor Figley and felt that staff did a good job in developing a resolution to this matter. Councilor Chadwick agreed with Councilor Bjelland in that people who own their home will more likely take better care of their property thereby raising the standards. Mayor Jennings stated that the City is required to follow state law requirements, however, the negotiated agreement will establish a set of standards that other developers requesting conversion will also have to meet in the future. Administrator Brown stated that it may be appropriate for the City to discuss this issue with city officials from other areas to see if they are willing to approach our legislative delegations to ask them to take another look at this statute since it is difficult to implement. SIFUENTEZ/BJELLAND... staff prepare the ordinance for Council review in support of the application. On roll call vote, the motion passed unanimously. 1741 CHAMBER OF COMMERCE REPORT. Cindy Vetter, representing the Chamber Board, stated that the Crystal Apple Awards was a successful event last Friday and 10 awards were given to local educators. Upcoming events include Business After Hours on December 12th at the Chamber Office, and the Chamber Forum will be held at the Settlemier House on December 18th at 12:00 noon. The Chamber is also looking forward to the tree lighting program at the downtown plaza on December 6th, and there was a great tree lighting program at Woodburn Company Stores yesterday. 1846 WOODBURN DOWNTOWN ASSOCIATION REPORT. Bruce Thomas, representing the Downtown Association, stated that organization members are putting the lights on the trees along Front Street and it should be done later this week. On December 6t\ the lighting of the tree will be held at Warzynski Plaza. He also reported that the WDA, Chamber, and Chemeketa Community College are working together on a class called "Cross Cultural Marketing". This class will be held on December 5th at the Computer Center near the Chamber office and it is free for members of businesses interested in increasing their business by diversifying their marketing. Page 4 - Council Meeting Minutes, November 25, 2002 14 . ,. T COUNCIL MEETING MINUTES NOVEMBER 25, 2002 TAPE READIN G 2036 ANNOUNCEM~NTS. A) Public Hearing regarding the Tree Protection and Preservation Ordinance was scheduled for December 9th, however, the Mayor stated that it was his understanding that the Council would like to change hearing that to a later date. NICHOLS/SIFUENTEZ... public hearing be postponed until the second meeting in January 2003. All aye, B) Public Hearing to consider a Comprehensive Plan Map Amendment #01-03 and Zone Change #01-07 will be held on December 9,2002 at 7:00 p.m.. C) Thanksgiving Holiday Closures: City Hall and the Library will be closed on November 28 and 29, 2002. The Aquatic Center will be closed on November 28,2002, D) Holiday Tree Lighting Ceremony, December 6,2002: A pinata party will begin at 6:00 pm at S1. Luke's Rubis Hall to be followed by a Posada to Warzynski Plaza for the tree lighting ceremony at 7:00 p.m.. Following the tree lighting, the Downtown Association will be hosing a hot chocolate reception at Lupita's. Councilor Sifuentez urged the public to attend this event. E) Christmas Festival of Music: The Mayor stated that this "free" concert will be held on December 16th and December 18th, 7:00 pm to 9:00 pm, at the High School Lectorium. 2241 Preston Tack, 2197 Camelia Way, had attended the Mayor's Roast on November 15th and he suggested that a repeat performance be held by the comedy team of Russell and Shields. 2364 Nancy Kirksey, 1049 McKinley, stated that she had made a promise on Veteran's Day at Belle Passi Cemetery that she would write a letter to the Editor of the local newspaper encouraging citizens to sign a petition that would keep Veteran's Day separate from Election Day. She supports the beliefs ofthe Benevolent Order of Elks and the Veterans groups that combining the Day, even though it would occur only once every four years, would diminish the sacrifice that the Veteran's have made for the protection of our freedom. She read the resolution drafted by the Elks which will be published in the local newspaper and she encouraged everyone to go on the website and ask that House Bill 62 be defeated. Mayor Jennings stated that he had a copy of the resolution and he is offended that anyone would want to demean the practice that this country has had in place since 1918. He asked that the Council give some consideration between now and the next meeting as to whether or not the Council is willing act on that resolution and forward a copy of it to our congressional delegation. 2804 TRUST DEED - CIPRIANO FERREL EDUCATION CENTER PROJECT. Administrator Brown stated that the City's involvement in this project has been to seek and obtain a $600,000 Community Development Block Grant on behalf of the Page 5 - Council Meeting Minutes, November 25, 2002 15 ~..___>_~,~,_.~_..,.-"""..,.......___.____..._. .. I ...~ ... TAPE READING COUNCIL MEETING MINUTES NOVEMBER 25, 2002 Farmworker Housing Development Corporation (FHDC). The total project cost is estimated at $1.2 million, The Council had previously authorized the execution of an agreement with FHDC that addressed the relationship that the City would have with FHDC during the construction period and during the next five years under which the grant provisions would apply to the City, In order for the project to move forward, it is necessary to have a Trust Deed executed which would take security from that property that will be built upon and puts in the City's name for the period of five years. Once the Trust Deed is adopted, then the next step would be to let the bid award for the construction work. There were a number of issues that needed to be worked through before the Trust Deed could be brought before the Council for consideration. He reviewed his staff report which listed a number of steps that staff has taken to ensure that the City's liability and risks have been minimized. It was also noted that the architect has been asked to sign a partial waiver of construction lien agreement to insure that there are no further outstanding encumbrances arising from unpaid work through November 20, 2002 which is the date all of the Trust Deed documentation was put together. He stated that there is still an outstanding encumbrance of $87,500 in favor of the State of Oregon, with the City taking second position, and there are a couple of pieces of FHDC property that will be sold with the proceeds going to eliminating that encumbrance. There will be another $20,000 encumbrance that will be maintained most likely throughout the life of this five year agreement. The City's main concern relates to cost overruns that may be incurred with this type of project and staff proposes through diligent construction management to make sure that there are no changes to the construction costs unless the very strict application of change order procedures is followed. He stated that the goal has been to make sure that there is not money owed that the City would then be responsible for to a creditor. Staff is recommending that the Trust Deed be approved by the Council since the benefit of this facility in our community outweighs the risk and staff will do what they can to further minimize any risk to the City. If approved, the Trust Deed will be recorded and there will be escrow instructions that will be prepared and forwarded to a Title Company in order to obtain title insurance in the amount of $600,000. Mayor stated that, as a member of the fundraising committee, this has been a very difficult and lengthy process and he feels that there needs to be a certain amount of trust between the City and FHDC. He reminded the public that there are no tax dollars going into this particular project rather funds from a multitude of private donors and the grant will be paying for this facility. FIGLEY/SIFUENTEZ... accept the conveyance of the attached trust deed to secure the Cipriano Ferrel Education Center property. Councilor Figley stated that this is a project that would be beneficial to the community and, with her eXIPerience in the title insurance field, there are times in which the end result is a default. In this case, she does not feel that default is an issue. Her concern is that the project adhere to typical customary standards as to the progress of the project versus Page 6 - Council Meeting Minutes, November 25, 2002 16 t ., j.,J T COUNCIL MEETING MINUTES NOVEMBER 25, 2002 TAPE READING project disbursements. She feels that the controls developed by staff will give the City every remedy that may be needed in a worse case scenario even though she does not feel that it will be necessary in this case. The vote on the motion passed unanimously. 3641 CONTRACT AWARD: CIPRIANO FERREL EDUCATION CENTER PROJECT. Bids for the Center were received from the following contractors: Centrex Construction, $975,000.00; R.B. & G. Construction, $1,045,500.00; Pro- Tek Construction, $1,062,740.00; Sileo Construction, $1,070,000.00; First Cascade Corporation, $1,079,800.00; 2KG Construction, $1,079,890.00; Cedar Mill Construction, $1,089,000.00; Precision Construction, $1,098,290.00; Team Construction (N/R), $1,119,700.00; J.E. Inc, $1,148,845.00; Corp, Inc., $1,170,000.00; Nomarco Construction, $1,173,000.00; Cisneros Construction, $1,183,823.00; Sheets Construction, $1,186,800.00; and Woodburn Construction, $1,197,000.00. FIGLEY/SIFUENTEZ... award the contract for Cipriano Ferrel Education Center to the lowest responsible bidder, Centrex Construction Inc., in the amount of $991,315.00 which amount includes the base bid of $975,000 plus bid alternates #1 and #2. The motion passed unanimously. 3690 LAND USE PARTITION #02-01 (1820 E. Hardcastle): City Council Options. Administrator Brown stated that this was a simple lot partition in which the project met the established guidelines. This parcel had been before the Council in the past, however, it had involved a zone change plus a number of other issues that did not receive Council approval. In this case, the partition allows for the separation of a house from the rest of the lot. FIGLEY /MCCALLUM... rescind the Council motion to bring this issue up for public hearing. The motion passed unanimously. 3794 Mayor Jennings proceeded to give Chief Russell a roll of Police Dept. security tape that he had acquired from years past. He gave Public Works Director Tiwari an orange cone that had been used by the Park & Recreation Department. Lastly, he gave Mayor-elect Figley a number of items that he had uncovered in his office that he felt might come in useful during her tenure. 4269 CONSENT AGENDA. A) approve the regular and executive session Council minutes of November 12,2002; B) accept the Library Board minutes of November 13,2002; C) accept the Planning Commission minutes of October 24, 2002; D) approve the claims for October 2002; E) receive the Water Treatment Project Update report; and Page 7 - Council Meeting Minutes, November 25, 2002 17 ",_.._.,~-~_......,,_.- ,...._~...._...,.."--,, .. ....... .. ."_-.....~......" . . T COUNCIL MEETING MINUTES NOVEMBER 25, 2002 TAPE READING F) receive the status update on the November 5,2002 General Election. FIGLEYINICHOLS... consent agenda be adopted as presented, The motion passed unanimous I y. 4314 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commission's approval of Site Plan Review #02-06 and Variance #02-03: Property located at 395 Shenandoah. B) Planning Commission's denial of Variance #02-04: Wells Fargo wall signs at 1530 N Pacific Highway. No action was taken by the Council on these issues. 4340 CITY ADMINI~TRATOR'S REPORT. Administrator Btown stated that there was a sewage spill across Highway 214 near the High School early this morning. Public Works staff responded very quickly to this incident and it was found that a temporary pipe separated at the pump station construction site. The sewage spill involved approximately 20,000 to 25,000 gallons of which it is estimated that 5,000 gallons made its way into Mill Creek. Staff had contacted the Department of Environmental Quality and City crews had a majority of spill cleaned up by 5:00 am this morning. The staff feels confident that they have taken care of any health concerns regarding the spill and signs have been posted both upstream and downstream warning people not to be in the creek due to the spill. 4645 MAYOR AND COUNCIL REPORTS. Councilor Nichols questioned the status of the Mill Creek sewage lift station project. Director Tiwari stated that the project should be done before December 25,2002. Councilor Nichols also expressed his appreciation to the community who attended the Home Schooler's Shakespeare Play and stated that the performers did an excellent job. Councilor Figley thanked the Mayor for his gifts and for his years of dedicated service to the City. Councilor McCallum stated that he had enjoyed the program honoring the Mayor on November 15th and he has appreciated the Mayor's assistance and encouragement. He congratulated the Police Department in their immediate response to a car prowler call in his neighborhood and he reminded the public that homeowners need to lock their vehicle doors when they have them parked in their driveway to protect any valuables in the car and potential vehicle theft. He also reminded the public that solicitor's are required to have a City license and residents are encouraged to call the Police Department to report any solicitor who does not have a license. Councilor Bjelland stated that he has also enjoyed his time in working with the Mayor and with Councilor Chadwick, and will welcome their continued participation in city various activities. Page 8 - Council Meeting Minutes, November 25, 2002 18 . ._--,. ...... ~--~._-_......_...'..'_.,..."..,-~.~.- ...., ........ -,",~....".._......~ I , T COUNCIL MEETING MINUTES NOVEMBER 25, 2002 TAPE READING Councilor Sifuerttez thanked all of those who participated in the Mayor's party and the Woodburn Independent for their publicity. Approximately $250 will be donated to St. Vincent's de Paul local charity and $250 will be donated to the St. Luke's Correctional Ministry, She stated that she will miss working with the Mayor and Councilor Chadwick on City issues. Councilor Chadwick stated that she had also enjoyed the party and she congratulated Councilor Sifuentez in organizing the party. Mayor Jennings questioned when the E. Hardcastle sidewalks would be completed. Director Tiwari stated that the sidewalk would have been finished earlier, however, the City has asked the contractor to place the blocks at a slightly different location plus there are a couple of improvements that will be made based on requests of the property owners. On the north side of the road, a couple of sidewalk areas have not been completed since it involves the Postal Department and staff felt that it was best to wait until a final decision was made on the mailbox issue. Councilor Figley stated that the actual surface of the street near the east end does not seem to be as smooth as what she would expect for a new street. Director Tiwari stated that he would have the roadway checked by his staff. 5545 EXECUTIVE SESSION. Mayor Jennings entertained a motion to adjourn into executive session under the authority ofORS 192.660 (1)(e), ORS 192.660 (l)(h), and ORS 192.660 (1)(f). BJELLAND/SIFUENTEZ.... adjourn to executive session under the statutory authority listed by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 8: 17 p.m. and reconvened the meeting at 8:56 p.m.. 5570 Mayor Jennings stated that no decisions were made in executive session. The Mayor suggested that the Council consider putting the existing Community Center on the market as surplus property, along with other property that the City should dispose of, rather than putting capital funds into the building. The Meals Program does use the facility regularly. however, providing them advance notice of the City's intention to put the property on the market will give them time to find a different meal site location, Sale proceeds could then be placed in an account for a new Center or wherever the Council would like to place the money for future use. Administrator Brown stated that the financing plan for a new Center did identify the sale proceeds from that facility to be put back into a new Center. He stated that he would like to make some contact with the Senior Nutrition Program management and give them a few months to think about what they would like to do when the City would come to them Page 9 - Council Meeting Minutes, November 25, 2002 19 ,......."....,4., .d.'..____."~_"__.,....,..".._..,'~,._".,_...~~_.._.,..._...........-........-.-~.-."'.....,~ ..... , II T COUNCIL MEETING MINUTES NOVEMBER 25,2002 TAPE READING and give them tbe right of first refusal to purchase the building. Councilor McCallum requested that staff provide a list of surplus property. Administrator Brown stated that a list was developed last February which included the Community Center, community gardens on Park A venue, a lot on Gatch Street, and the old Wastewater Treatment plant. There are some easements and right-of-ways that are also surplus but not large enough to sell as a parcel. Staff had also looked at under utilized and unused facilities located on Young Street and the Association Building, 6187 ADJOURNME~T. NICHOLS/SIFUENTEZ.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:03 p.m., APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 10 - Council Meeting Minutes, November 25. 2002 20 ~';.._...,_..._._u_____....,-"-"~_....__,..._~__......."...... _ .....J , r Executive Session COUNCIL MEETING MINUTES November 25, 2002 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, NOVEMBER 25,2002. CONVENED. The Council met in executive session at 8:23 p.m. with Mayor Jennings presiding, ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Jennings BjelIand Chadwick Figley McCallum Nichols Sifuentez Present Present Present Present Present Present Present Mayor Jennings reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Brown, City Attorney Shields, City Recorder Tennant The executive session was called under the follow statutory authority: 1) to conduct deliberations with persons designated by the governing body to negotiate real property transactions pursuant to ORS 192.660(1)(e); 2) to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660(1)(h); and 3) to consider records that are exempt by law from public inspection pursuant to ORS 192.660(1)(f). ADJOURNMENT. The executive session adjourned at 8:55 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - Executive Session, Council Meeting Minutes, November 25, 2002 21 .....,..._...~----~.........'-..~--_., f ... -"". , T MINUTES Woodburn Recreation and Parks Board Regular Monthly Meeting Tuesday, November 19, 2002 7:00 pm City Council Chambers 8B ORAFT 1. Herb Mittman, Chair, called the meeting to order at 7pm. 2. Role Call Members p.-esent: Herb Mittman, Chair; Richard Hammond, Vice Chair; Patricia Watts, Member; Rosetta Wangerin, Member; Evan Thomas, Member Staff Present: Randy Westrick, Director; Paulette Zastoupil, AA Members absent: Sharon Felix, Member; Rev Frank Anderson, Member 3. Approval of Minutes from October October 15, 2002 meeting. A motion to accept the minutes as written was made by Richard Hammond. Rosetta Wagerin seconded the motion. The motion was passed unanimously. 4. Business for the Audience: No audience was present. 5. Business from the Director: Division Reports Introduction to (Jew staff member: Paulette Zastoupil. We are please to have her, she is doing a great job 8ecreation and Leisure Services - Information on the Youth SOccer Evaluation given. The evaluation provides valuable information about where we need to go with our programs. Rosetta was concerned about the coaches not having regular practices and the condition of the turf on the soccer fields. Randy said that we need to schedule fields so we let them heal up, and that we will work. this into the Master Plan. Randy said that a survey would be done on the coaches. Rosetta and Herb commented that we received a nice response to the survey, and that it is important to get feedback from parents and to keep the good feeling going. We will keep the evaluation process and will weave it into future activities. Recreation Services Master Plan. The need to project out in the future relating to recreation programs was stated. With support from the board we will plan it in. house, with some workshops. Possibly a public sounding board for developing that plan. The V.I.P. model, which the Oregon Recreation and Parks Association adopted would provide the framework In planning a long-range vision. Teen Scene - Randy said that Brian and me spent last week in Washington D.C. learning about the OJJDP (Office of Juvenile Justice Delinquent Prevention) Grant that Woodburn Together put together. The OJJDP is the parent organization and the source of the funding for our Teen Scene. We are in the process of a statewide recruitment for a coordinator for the program, which is funded by the grant, and hope to have it running by the time kids get back from Christmas break. 22 .~, '",,"',,' ,._.,--....--,".~'.......~.,~. ............~_..-'" 11......... .. -''''-,~.._.............,~,.__ .. t.. . ~. .- t Senior Trios - Randy stated that this program is a great success. As soon as the Recreation Reporter comes the trip is filled and that at times they have had to add a second trip. He said that they are planning to start a Travel Club for the seniors in which the seniors will be in charge of planning their own events. Aauatic Center- The Barracuda Club has their Invitational Swim Meet this weekend. Their next one is scheduled in April; The Tulip Invitational on April 6, 2003. The reorganization of staff is in the finial stages. Randy pointed out that he has hired a facilities Manager, Steve Newport from Boulder, Colorado. He will be responsible for the Pool and CQmmunity Center. Rosetta expressed the need for more publidty needed to show the public how the Community Center could be used. Randy informed them that the Community Center Planning Committee would be meeting Thursday, November 22 and he would bring up the issue. Skate Park - The groundbreaking for The Richard Jennings Skate Park will be this Saturday, November 23, 2002 at 2:00 pm. We will be incorporating Mayor Jennings birthday, which is the same day. It will be an outside/inSide event, with the groundbreaking outside and the reception in the Settlemier Activity Center. Evan asked what kind of progress do we see in the next 2-3 months? Randy said it depends on the weather. The construction is under a 9O-day contract, with credit given for inclement weather. Hermanson Park n Wetland-Closed for the year. They will be out to work. again this coming summer. The concern was not to expose run-off into the watershed and it Is too rate in the year to germinate grass to control it. The Luckey Company will start as early as the ground will allow them. Burlinoham Park - Randy informed the Board that the irrigation, lighting and playground was installed so the project is complete. Downtown Plaza Project - Randy said that Kezia is challenged with finding grant money to improve the inside of the old Salud Medical building, and she is also looking for funding to construct a park. there. Kezia is looking for a concurrence from the Board that this is a good idea. Rosetta asked if the project would take up the whole parking lot, and do the businesses support this idea. Randy assured the Board that the Downtown Association is supportive. Richard stated that we do not know what plans were for the Plaza. Rosetta said she hopes we blend the Library Park. and the Downtown Plaza Project together. Herb asked if anyone has done any studies on the project to see what kind of a park we are looking at. Randy replied that we haven't. Herb expressed that the important thing is that it is included in the Urban Renewal Plan. Herb said he would recommend putting a pencil to it. Richard noticed in the letter that it said "We would like to proclaim our support for the City of Woodburn Downtown Plaza Project." And that it suggests we already have a plan. The board agreed that it would be a good idea to change the letter before signing. The Board asked staff to re-draft: the letter that reflects their concerns. By concensus, they authorized Herb to sign the letter. 23 --""-"'''''''''~''_''"'."'''''''_~.''""_~~'''n''~--1' .. __ ._,,_.-_ .,,, ... Community Park Master Plan - Randy stated that he was behind schedule. He had hoped to introduce 2 new consultants. Both proposals were solid and the situation may be to interview both of them before selection. Staff hopes to introduce a consultantat the next Board meeting on December 10, 2002. Future Business Saturday wOrkday will be next February. We will learn more about V.J.P. and the whole way to create a vision following statewide goals. December 6 - Annual Tree Lighting with a posada starting at St. Lukes at 6:00 pm and the tree lighting at 7 pm. The program will be in 4 languages; English, Russian, Spanish and Sign. The program will last about V2 hour with fellowship and refreshments at the Library. December 14 - Dance - Dance- Dance recital at 1;00 pm and 3:00 pm at the High School 10. Adjournment: Meeting was adjourned at 7:45 pm by Herb Mittmann, Chair. 24 "",._,"-,..~,--_..----,,"---~_._----,............- '...... , T The City of Woodburn Livability Task Force 8e Mission statement: '1t is the mission of the Livability Task Force to create and promote programs that result in a cleaner community where there is pride in property ownership, with a full range of commercial services, and with ample recreational, cultural, and entertainment activities for all age groups. It is the Task Force ~ further mission to create and promote an environment where all residents can feel safe, will interact with each other, will celebrate their unique traits and diversity, and can share a strong and common sense of community. " WoodIJura Liy"iIi~ T..k Foree Meetiag Minute.. SepteJDher 2002 City Ha" Co"f(u~"c@ Boo", 0 Septe",oor 17. 2002 0 7:00 p... 1. Call to Order Meeting called to order in the City Hall Conference Room at 7:10. Task Force Members: Pete McCallum Mike Bergeron Usa E&worth Betty Guzman Staff: Present Absent Present Absent Jane Christoff Nancy A. Kirksey JoAnn Bjelland Phyllis McKean Present Present Absent Present Guest: Kezia MacAlistalre Present Jim Mulder II Approval of August 8, 2002 Meeting Minutes II Introductions III Presentation, Jim Mulder Sign Ordinance. Jim stated that the Community Development staff is currently drafting a new ordinance which will be in effect is approximately 9 months. The current one is ambiguous and doesn't have clear parameters, it doesn't include temporary signs (banners, garage sale, sandwich boards). The new ordinance doesn't really draw from the old one. Enforcement is a major problem with the sign ordinance as there are not enough enforcement officers to monitor all offenders regularly. The cost of enforcement is expensive. Jim states that rigid rules will not make the business community happy and therefore there will have to be a balanced approach toward temporary signage. One possible method would be to allow businesses to have temporary 5ignage displayed for a set number of days per year, as a regulatory measure. Public education will be needed with the new sign ordinance. The Uvability Task Force will work to assist with the educational campaign. 25 ~ ... _.0 I T Pete said that a probl~m with the enforcement now is that the code enforcement officers are reacting to problems and not able to be proactive and monitor the community to spot problems early on. Jim stated that the intention is to make the new ordinance apply more to the problem areas, such as pole-standing signage or monument signage. The new ordinance would not be so strict about signage attached to buildings, for instance. Jane questioned the issue of compliance in the existing signage. Would businesses be able to keep their non-conforming signs as they were "grand fathered in" or would they need to come into compliance with change of business ownership or remodeling? Jim said that the ordinance review is assessing the possibility of amortization, which is the gradual phasing out of non-compliant signs with a specific time frame. Usa questioned the issue of sign quality -- the quality of materials, craftsmanship, spelling, and aesthetics. Jim stated that the new ordinance win address signage quality. Perhaps a sign review board will assess new signs and make discretionary decisions regarding the appropriateness and acceptabifity of the proposed signs. Pete questioned the electronic signs, what is acceptable? Jim stated that the current code is unclear about them but the new code will clarify the acceptable electronic signage. The new ordinance will specify the height, size, and locations of new signage. Issues of banners and flags will also be addressed with new ordinance. The Task Force is considering putting together a program for public access television that will address the new sign ordinance issues and serve as a component of the public education campaign. This will be modeled after a similar program currently running regarding the- revised noise ordinance. The use of volunteers from the community would also be useful as non-compliant temporary sign monitors. These properly trained volunteers could then pick up the- offending signs on a regular basis, thus assisting the code enforcement officers in the enforcement. IV. Project Updates. Rower Baskets. No update, JoAnn was not present. There needs to be an effort to get the appreciation plaques completed soon. Front Street Park. Betty was not present but Pete reported on the project. Only one portion of the park win be fenced. The picnic table has already been vandalized but instead of removal, the Park Dept. will monitor and maintain the equipment vigilantly, per Randy Westrick. VII October 12 Fall Cleanup. The cleanup was publicized with inserts in water bill inserts, a maifing, Chamber of Commerce mailing, and newspaper press releases. Betty will again be handing the refreshments. The Community Action Vehicle has been arranged to use from the "I 26 ., .. .. , T Police Dept. VIII. Fourth of July Celebration Donation. The committee experienced a deficit of 113.80 this year and requested that the Uvability Task Force make a retroactive donation to the fireworks display. The request was approved by motion, although Pete mentioned his objection of donating funds to events or projects retroactively. IX. Next Meeting Date. Set for Oct. 15. x. Adjourn. The Committee adjourned at 9:15 p.m. '1 27 ""._'~~-"---~""'"'-""'"'"'"~~_. ",. ... J. r T WOOD~ - MEMORANDUM To: Through: From: Date: Subject: Mayor and City Council ~/?7 John C. Brown, City Administrat0l0V Mary Tennant, City Recorder lv....:( December 4, 2002 Certified Election Results - November 5, 2002 General Election Certified results from the November 5, 2002 General Election are as follows: Mayor Kathy Figley Write-In Over votes Under votes Measure 24-103: Community Center GO Bond 3,623 155 o 1,135 Yes Votes No Votes Over votes Under votes 1,598 3,133 2 180 Councilor - Ward IV Councilor - Ward III Peter McCallum Write-In Over votes Under votes 268 8 1 123 Jim Cox Mary Chadwick Write-In Over votes Under votes 804 699 7 2 224 Councilor - Ward V Anthony Veliz 325 Write-In 25 Over votes 0 Under votes 125 28 ~,__"_"."<.,~,~","..__.4'"~~,~_,>o'_"^_~.",.,,,,,,,,,,,,,,,,,,,,~__~_,__* I T } %p S'.:' atur<; of COl,;llty Ce.:, Date of Abstract 0815 0825 0835 0845 08:;:; 0865 == -=====================- o 387 203 154 479 205 70 02 911 298 233 1187 255 249 03 04 -- -- 1 50 o 17 o 13 1 69 o 15 o 16 ---------- ---------- 05 349 518 400 736 475 435 -=============~========~~~ 01 = YES 02 = NO 03 = OVER VOTES VOTES 1,598 3, 133 2 PERCENT 33, 78 66. 22 04 = UNDER VOTES 05 = BALLOTS CAST o 02 03 04 05 -- -- -- -- 0815 001 44 0 304 1349 0825 381 25 0 112 518 0835 266 9 0 125 400 0845 303 32 0 401 1736 0855 355 22 0 98 475 0865 317 23 0 95 435 ~=_~~=;=========================================================~===================_=~======:z=~,-=~~==~=~=~ 24-103 CITY OF WOODBURN-GOB FOR COMMUNITY CENTER VOTES 180 4,913 PERCfNT ... 01 02 03 ATHY FIGLE WRITE-IN OVER VOTES VOTES 3,623 55 o PERCENT 95, 90 4, 10 04 = UNDER VOTES 05 = BALLOTS CAST VDTf"S 1, 135 4,413 y E'RC NT C ITV OF ,JUR ISO IC T RUN DATE ~JOODBURN ONAL CANVASS 1/25/02 02 55 PM ~lAY OR C TV 56 WOODBURN REPORT-EL86 PAGE 001 . 0\ N -d~ t .. 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I ,,,,..,,5 ~ . - I ... _J _ \,.' tV H 11.:41' =~ ~~=~==~~=======~===~=~======:==:===============~===~=============~=====~==============================-=== ~L'17 ~ct 0 ~c ;;C:S ~~80 ---------------- -- -- GO t70 SO cO TO ---------------. 0 5310^ ~31\O = SO ~L'17 lSVJ SlO"Va = GO t> t 'L ;;c N 1- 31 I ~m = cO ;;cT S310^ ~3aNn = '170 98'c6 ~CS Z 11:31.. ."NOH1NIi = to 1N3J~3d S310^ 1N3J~3d 53101\ ^ a~~M ~O'I~NnOJ - N~nBaOOM ~O A1IJ ~ Wd ;;.; cO cO/Ge/t 1311:10 Nn~ t.;) tOo 3~Vd 9S'3-,HlOd3tl .; O~I:IM NtlnSOOOM SSV^NIiJ 'I:INOI1JIOSltlnr 8E MEMO FROM: City Council through City AdminiSlrator~ Public Works Program Manager4 /~ TO: SUBJECT: Aquatic Center Chemical Separation Building Update DATE: December 4, 2002 The site plan review and a conditional use application for the chemical separation building for the aqltlatic center will be on the December 12,2002 Planning Commission agenda. The conditional use is required since an aquatic center is a conditional use for a public use zone in the Woodburn Development Ordinance and the chemical separation building is considered part of the aquatic center. The plans for the chemical separation building are complete and specifications are close to completion. The project should be ready for bidding in January 2003. There is a possibility that the foundation work and structural work will be bid separately. It is anticipated that the building will be completed by June 30, 2003. 33 I r T SF Memorandum To: Mayor and City Council, through Public Works Director From: David N. Tor. geson, P.E., Assistant City Engineer <l1J..Tr Date: December 3, 2002 fV'~ /. Subject: Mill Creel< Pump Station Status Report The last report to Council was made October 7,2002. Since that report, piling supports for manholes and pipes have been installed, tested, and accepted. Placement of two large diameter manholes and connecting gravity sewer pipes is now complete, adding capacity and reliability. The new pipes also corrected a previously undeteqted infiltration leak that had admitted significant quantities of groundwater to the system over time. The lines were inspected and placed in operation November 27, 2002, allowing the contractor's temporary bypass pumps to be taken out of service. (Returning to near-normal operation provides greater safety against the potential of sewage spill related to temporary facilities.) During the same time, the new Flygt pump was installed in the drywell at the pump station, and stainless-steel discharge pipes were installed at the pump discharge, immediately outside the pump station building. The stainless pipes replaced older, cotroded pipes that passed through the wetwell, making their inspection and maintenance difficult. Work remaining includes restoration of surface improvements around the station. Paving and fencing will be completed after the trenches are backfilled. Minor work, involving control programming and electrical testing of the new Flygt pump, will also occur while the outside is restored. City forces will clean the sewer wetwell of accumulated solids after all systems have been accepted for public maintenance. Completion of all project elements is expected to occur before December 24, 2002. 34 T 8G CITY OF WOODBURN Community Developm~nt MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5250 Date: December 2, 2002 To: Jim Mulder, Community Development Director From: Building Division Subject: Building Activity for November 2002 2000 2001 2002 Dollar Dollar Dollar No. Amount No. Amount No. Amount New Residence Value 6 $648,880 9 $1,110,589 4 $429,307 Multi Family 0 $0 0 $0 0 $0 Assisted Living Facilities 0 $0 0 $0 0 $0 Residential Adds & Alts 2 $73,375 4 $110,000 3 $23,400 Industrial 0 $0 0 $0 0 $0 Commercial Value 0 $0 4 $873,788 5 $73,399 Signs, Fences, Driveways 2 $6,990 3 $5,000 4 $8,307 Manufactured Homes 0 $0 1 $15,000 0 $0 TOTALS 10 $729,245 21 $2,114,377 16 $534,413 Fiscal Year (July 1- $4,770,791 $25,759,727 $8,206,679 June 30) to Date 1:\Community Development\Bldg\Building Aclivity'BldgAct-2002\8ldg Activity Memos\activity - NOVEMBER 2002,wpd 35 I r T Nollce 10 Papers Ma, Nollcc lor CC PC Final Order 2-2'{)2 Final Order Due Revised: PLANNING PROJECT TRACKING SHEET Notice 10 Paper Mai Notice for PC CC Ord Adoption Ord Due oc Hearina Stf Rpl Due Post Property PC Hearing S~ Rpl Due Pos PropMy F acilihes Meellng 20-Day Dale Deemed COffiolete Dale Received PrOfecl Descnptlon Apphcanl 10/14/99 cant off calendar Referrals Planner Jtm N/A 06/01/99 Annex business par1l. 1010 the Corporate limits of lhe C"y Establish the Il zone on the property y LIen Wa An. 99.01, UGB 99-41, ZC 99-41 ANX Cny 01 01-44, ZC I Woodbum 01-43 OS/23/02 Cont. 6/13/02 cont. 6/27/02 Naomi Incomplel' OS/2_101 IncompIele 3itl7102 ~ "",.".." 04/24/01 828 Parr Rd wale treatment plant Tim Doman CPMA 01-43, ZC 01-47 12/09/02 2/02102 /27/02 9/02 9/02 /02 07 07104/02 05/16/02 05/13/02 05/03/02 05/03/02 N/A 04/05/02 Naomi N/A 2/13/01 373 Gatch St 12/05/02 112/12/02 09126/02 Cont. 11/21/02 6/27/02 ConI. 7/11102 1/14/02 10/14/02 NlA 09/06/02 08/06102 (pre-lac, mtg,) 01129/02 Naomi ~ 11126102 ~ I_Ex!' 2/10103 0712lW2 05122/02 04/19102 Conve..... 01 Wdbn Crest eata... MHP 10451ollUlldMsion eon_. of!ice end SIorage on 06128102 Shenendoeh Ln. 11 lot subdrvision adjacent to 1-5 CopOol 0eveI00men1 Co SUB 02-42 1 12/04102 I ~ 10/28102 ConL 11/25102 8102 0/18/02 N/A 08/06/02 07/25/02 07/18/02 07104/02 06117/02 NlA 06107/02 06106102 05123/02 Naomi 09118/02 Ext, 12/13102 IncompIeIe 07126m Complete 1011Ml2 05/07102 Rid< Givens ..., Conoado<> SUB 02.03 SPR 02.0& VAR 02.03 Appeal ends 12/03/02 /21/02 8/02 1/14/02 1/07/02 1/04/02 N/A 10/25/02 0/31102 10/24/02 Jim 02/15103 I Annexation and ZC AN)( from County 02-41 ZC I RSS ",",,'eelS Commen:ial to CG 02-42 et 600 N, Pacific Hwy Appeal ends 2103/02 Naomi 01/24/03 IncomP'ete 08/02,\)2 Incomplete 7125102 Complele 9/26102 06/28/02 07/08/02 Variance to allow 2 additional wall signs @ Wells Fargo Bank al 1530 N. Pacific Hwy Cr.lIg DaVIS VAR 02-44 21/02 8/02 4/02 1/07102 1/04/02 N/A 0125/02 0/08/02 N/A Naomi Naomi 08123102 Incoml*le 07126102 Change use from retail to dance hall Salvador Larios DR02.{)9 00 := Naomi 09123102 ncomple~ 08/23102 Sign Code Vanance fa< BIMart. 1600 Ml HOOd Ave Ray..o-Ule Signs, Inc VAR 02-45 CN 0\ ..... Notice r-.tlr Notice for CC Final PC Order Final Due Order - - 12/05/02 12/12/02 PLANNING PROJECT TRACKING SHEET Notice 10 Paper Mall Notice for PC CCOrd AdoPtion Ord Due CC Heanng POSI SII Rpl Propcny l_~ Due 10 Papers PC HeannQ sIr Rpl Due Post Property F aClhltes Meetinq Referrals 0/11/02 Planner 20-Day Dale Deemed Complete Date Recel'/ed PrO/eCI DescriptIon Applicant 02 4/02 /02 11 N/A /01/02 107102 Naomi 02/08/02 Incomplele 10/1 1102 Comp~l(' 09/06/02 Subdrvde propert 11110 7 commCfCLa IoIS 5ubdr.....lde 1 65 acres If"Ito 7 101s at north eklenSlQn 01 Luba 51 Naomr '08/02 Nazarr eam 12/05/02 I 12/12/02 2/02/02 NIA /22102 Naomi 0/25/02 465 sf chemICal bk::lg at Aquatic Center 7,664 sl office bldg. al 1385 Meridian Dr MarllWol SUB 02-{lS Cllyol Woodburn SUB 02'()6, VAR 02.()7 CU 02'()3, DR 02-11 DR 02-10, VAR 02.()6 Naomi Incomplete 11/21/02 0/23/02 Adjust commoo property line beJween lax lot 4800 & 4900. SCOII Beck Randy Scott PLA 02.04 Naomi Naomi Naomi 1/08102 Maintain roofing in Meadowood to RASS Comstocl< remain consistent 11/08102 02.()2 with 58 olller homes & porches, Coastal 10,250 sf addition DR Coastal Fann 11/22102 02-12 Fann bldg, - - - - ..... ~ ~ LONG RANGE PROJECTS Mail Notice Final PC Mall NOlice PrOJect Date Deemed 120.0ay Facilities Notice to Post Stf Rpl PC Order F.nal Notice to Post SI( Rpl CC Ord CC Ord Applicanl Description Recel'....ed Complele Date Planner Referrals Meeting fo,PC Pape, Property Due Hearing Due Order (or CC Papers Property Due Hfi.3nng Due Adoption Urbon U'1..l.i111 RPn~11 D...t'lI'l Renewal apptovcd by Vor(-'f~ on John/Jim Progt'i1lm 3112102 Sl<ltl,'J pre~lrIlH.j Drill1 Sign Ord. ()rcMancc D.~1t Jim Reviston anhC'PdIe<! In tJo": COll1plcl(!'(lOy J;Jn 200:1 Transpor- lation Systems COOSullan! "as l:Jeo9I..n Jim Plan WQI1o. on uprjale Update Periodic Review Consullant has begun Jim Grant wort.;, on grant Tree Preser~ Draft Ordinance Naomil vation under preparation Matt Ord, :\Community DevelopmentlPlannlnglMisc 20021Plannlng Case Log w CO 1 ~ 81 MEMO FROM: City Councillhrough City AdminiSlrator~ .~~ ~---- Public Works Program Manager ~-1' TO: SUBJECT: Tree and Poison Oak Removal in Burlingham Park DATE: December 4, 2002 There was a complaint from a Burlingham Park user regarding poison oak in the park. Two children came in contact with the poison oak and required a doctor's treatment. Parks maintenance found several minor poison oak occurrences on some of the trees and these areas of poison oak have been removed. This park will be sprayed next spring to prevent reoccurrence of the poison oak. One major poison oak infestation was found on a tree that is adjacent to the west park boundary by the church. The poison oak limbs at the tree base are in excess of two inches in diameter and extend approximately 25 feet into the approximately 45 foot tall tree. An arborist was consulted and indicated that with the extensive poison oak infestation that this tree should be removed. Unless other direction is received from council, staff will proceed to contract for removal of this tree and the poison oak that is growing in it. 39 , . 11 lOA CITY OF WOODBURN Community Development MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5246 Date: December 9, 2002 Honorable Mayor and City Council through City Administrator.J('? Jim Mulder, Director of Community Development, .>7 Comprehensive Plan Amendment 01-03 and Zone Change 01-07 To: From: Subject: RECOMMENDATION: Continue the public hearing on Comprehensive Plan Amendment 01-03 and Zone Change 01-07 to the City Council meeting of January 13, 2003. BACKGROUND: At their hearings of June 13, 2002 and June 27,2002, the Planning Commission considered a request by Tim Doman to change the Comprehensive Plan Map designation on property located at 373 Gatch Street from Low Density Residential (less than 12 units per acre) to High Density Residential (greater than 12 units per acre) and change the Zone Map designation from Single-Family Residential (RS) District to Multi-Family Residential (RM) District. On July 11, 2002, the Planning Commission approved a final order recommending denial of Comprehensive Plan Amendment 01-03 and Zone Change 01-07. The Planning Commission's action is in the form of a recommendation because only the City Council is authorized to approve comprehensive plan amendments and zone changes. Subsequent to the Planning Commission's action, the applicant requested the opportunity to provide additional evidence and argument to address the Planning Commission's findings for denial of the applications. City staff granted the applicant's request, because a comprehensive plan amendment application is not subject to the State's 120-day processing rule. On November 5, 2002, the applicant submitted its supplemental evidence and arguments. These consist of a traffic impact analysis and the applicant's 12-page "Hearing Statement" with multiple attachments. Due to the significant amount of additional evidence and arguments submitted, staff has not had sufficient time to analyze the additional materials in a comprehensive manner. To provide sufficient time to do so, staff recommends that this item be continued to the first City Council meeting in January. 40 I .... T ItA CITY OF WOODBURN Community Development MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5246 Date: December 9, 2002 ~.f? Honorable Mayor and City Council through City Administratot:.) ,1 Jim Mulder, Director of Community Development ',,'1/ 7 To: From: Subject: Ordinance to Approve Subdivision 02-03 (Woodburn Crest Estates) RECOMMENDATION; Adopt the attached ordinance approving Subdivision 02-03. BACKGROUND: The City Council, at its November 25, 2002 meeting, conducted a public hearing concerning the above referenced project. At the conclusion of that hearing, the Council directed staff to prepare an ordinance to adopt findings in support of approval of the above referenced application. That ordinance is attached. 41 ~ ~ ... COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE APPROVING SUBDIVISION CASE NO. 02-03, KNOWN AS "WOODBURN CREST ESTATES"; ATTACHING CERTAIN CONDITIONS THERETO; AND DECLARING AN EMERGENCY. WHEREAS, the applicant, Jerry Jennings, submitted an application for Subdivision Case No, 02-03 to subdivide the existing Woodburn Crest Estates Mobile Home Park located at 2050 Molalla Road (Highway 211) pursuant to Oregon Revised Statutes (ORS) 92,835; and WHEREAS, the Woodburn Planning Commission reviewed the matter at a public hearing on July 11,2002 and adopted a final order on July 25,2002 recommending that the City Council deny Subdivision Case No. 02-03, and; WHEREAS, the Woodburn City Council has reviewed the record pertaining to said application and heard all public testimony presented on said application; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That Subdivision Case No. 02-03 is approved based upon the Findings in Support, which is affixed hereto as Attachment "A". Section 2. That Subdivision Case No. 02-03 approval is subject to the conditions contained in Attachment "B" which is affixed hereto and incorporated herein, which the Council finds reasonable. Section 3. That 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 effect immediately upon passage by the Council and approval by the Mayor. Approved as to form: City Attorney Date Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Page 1 - COUNCIL BILL NO. ORDINANCE NO. 42 , . I Filed in the Office of the Recorder ATTEST: Mary Tennant City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. ORDINANCE NO. ! .. 1 _ 43 J Attachment "A" FINDINGS IN SUPPORT SUBDIVISION CASE NO. 02-03 I. APPLICATION INFORMATION: Applicant: Rick Givens Planning Resources, Inc. 8755 SW Citizens Drive, Suite 206 Wilsonville, OR 97070 Property Owner: Jerry M. Jennings P.O. Box 32 Clackamas, OR 97015 II. NATURE OF THE APPLICATION: The property owner is proposing to subdivide the existing Woodburn Crest Estates Manufactured Home Park (MHP) into 43 lots pursuant to ORS 92.835. III. RELEVANT FACTS: The subject property is located south of Highway 211 (Molalla Road) and east of June Way. The property is addressed at 2050 Molalla Road (Highway 211), further identified on Marion County Assessor Maps as Township 5 South, Range 1 West, Section BOA, Tax Lot BOOO. The property is 7.14 acres in size and located outside of the 500-year flood plain. There are no wetlands on the site. The subject site is zoned Multiple Family Residential District (RM) and has a Comprehensive Plan Map designation of High Density Residential (more than 12 units per acre). The Woodburn Crest Estates Manufactured Home Park is located on the subject property. The property to the north (across Highway 211) is outside of the Woodburn city limits but within the Urban Growth Boundary. The property is zoned Marion County "Urban Transition Farm (UTF)" and designated Commercial on the Woodburn Comprehensive Plan Map. Two residential homes and vacant property are located on the property to the north of the subject site (across Highway 211). The property to the west (across June Way) is zoned Multiple Family Residential District (RM) and has a Comprehensive Plan Map designation of High Density Residential (more than 12 units per acre). The property to the west (across June Way) is currently vacant. SUB 02-03 Findings in Support Page 1 of 3 44 T , I I 'r The property to the south is zoned Single Family Residential (RS) and Multiple Family Residential (RM). Six existing manufactured dwellings are located on the property to the south. The property to the east is located outside of the Woodburn city limits but within the Urban Growth Boundary. This property is zoned Marion County "Urban Transition Farm (UTF)" and designed Low Density Residential (less than 12 units per acre) on the Woodburn Comprehensive Plan Map. Vacant land and two existing residences are located on the property to the east of the subject site. The applicant is proposing to subdivide the Woodburn Crest Estates Manufactured Home Park into 43 lots pursuant to Oregon Revised Statute (ORS) 92.835, This statute is a new law enacted by the 2001 legislature entitling a property owner to subdivide a previously lawfully established manufactured dwelling or mobile home park, ORS 92.835. If a MHP complies with the new statute, a city must approve a tentative plan to subdivide it, even if it does not satisfy city-adopted subdivision standards. IV. RELEVANT APPROVAL CRITERIA: OREGON REVISED STATUTE Chapter 92. Section 92.835 V. FINDINGS: ORS 92.835 Subdivision of manufactured dwelling park or mobile home park. Notwithstanding the standards and procedures established under ordinances and regulations adopted by the governing body of a city or a county under ORS 92.044 or 92.048, when application for approval of the subdivision of a manufactured dwelling park or a mobile home park is made under ORS 92.040 to the governing body of a city or county, the governing body of the city or county shall approve: (1) A tentative plan upon receipt and verification of evidence that: (a) The park is in compliance with the governing body's standards for a manufactured dwelling park or a mobile home park or is an approved nonconforming use. Forthe purposes of this paragraph, a park is in compliance if the governing body of the city or county has not issued a written notice of noncompliance on July 2, 2001; and (b) The tentative plan does not increase the number of lots, as defined in ORS 446.003, approved for the park, change the boundary lines or setback requirements or SUB 02-03 Findings in Support Page 2 of 3 45 .\..4 T make other development changes; and (2) A plat in compliance with the applicable requirements of ORS 92.010 to 92.190, except standards and procedures adopted by regulation or ordinance under ORS 92.044 or 92.048. Note: Section 7, chapter 711, Oregon Laws 2001, provides: Sec. 7. Sections 1 to 5 of this 2001 Act [92.830 to 92.845J and the amendments to ORS 92.427 by section 6 of this 2001 Act apply to a manufactured dwelling park or a mobile home park lawfully established before the effective date ofthis 2001 Act [July 2, 2001]. FINDING: The City of Woodburn approved a conditional use permit and site plan for a 40-lot manufactured home park on the subject property in 1995. There is no evidence that the applicant received necessary approvals for building code compliance for the Woodburn Crest Estates Mobile Home Park development. Despite some irregularities, the mobile home park has been physically established. The physical improvements were installed to serve 45 lots. The new law establishes minimum standards, which if satisfied gives the applicant a right to the subdivision. The law does not prevent the City from approving subdividing a mobile home park that falls short of meeting all these minimum criteria. The City Council finds that the existing park is in compliance with the original park approval because the City did not issue a specific written notice of noncompliance by July 2, 2001. The City Council finds that the tentative plan complies with this statute because increasing the number of lots from 40 to 43 is a small increase that may be considered in substantial conformance with the original approval and the tentative plan does not change boundary lines or setback requirements or make other development changes. A condition of approval requires the final plat to comply with the applicable requirements of ORS 92.010 to 92.190. The applicant has entered into an agreement (ref. Exhibit "B") to address practical considerations and other issues relating to the conversion of the subject property to a subdivision. Compliance with this agreement is required as a condition of approval. VI. CONCLUSION: Subdivision Case No. 02-03 satisfies all approval criteria relating to ORS 92.835. SUB 02-03 Findings in Support Page 3 of 3 46 l " , ~ 1! Attachment "B" CONDITIONS OF APPROVAL SUBDIVISION CASE NO. 02-03 1. The proposed development shall be in substantial conformance with the tentative plat, identified €IS Exhibit "A", except as specifically modified herein. A final plat, complying with the applicable provisions of ORS 92.010 to 92,190, shall be submitted to the City pursuant to WOO Section 5.101.09 for approval prior to the expiration of the subdivision application approval as provided in WOO Section 4.102.03, 2. This approval shall be subject to the terms and conditions of the "Subdivision Conversion Implementation Agreement", attached hereto as Exhibit "B". Page 1 of 1 47 If........ ~ r ~O~j ,d!J : i~ . ~ o o Q. "Uo- iilc = ..., 3::J S.o Q)..., ~CD -Cen -- ~m en - Q) - CD en ~ ~ - ...... ~ ~ "N ~N I I i~ I I [, I (' L I I I~ I I r -- - r:1fl --, '\ ~ ........--1 -..l-~ . r-v ~~~r' * ~,~ :0 (' i}"'x_ !~ -<0 ~~ eO:> - -1.J...QL- ~~ ~-.J (j) ;:+: CD "U Q) :J ~-" i-" ~w , -" ~N I I F I r " ,. , V' ';0 ~~~" ./ . , ~<O ~.' , ~ " ' ,~ll // ~ >- N r 0 '" 0 ~ ~ . ~ z ~ Z ~ C> '" ~ i'i ~ ~ '" I 'l(' " ~ rs;o " .. ~ " -()~ ~ ~ ~~" 3 '" '" '"' ~r ~ '" " . I ~ ~ .is NOI~\fV\l iw ~<D // A Iw ~(1l ~f :~ I /. / i. -"" / ~ IQ.~-- '" ~w ~-'" ..... T \ \ \ \ , I Ti' .i.; I Ii l , . I l 'C Exhibit II A" (Redv.e(d C of,) - - Oriv~..1 0 11 ~'J~ in P\o.."I\" tJeph\ \ ..... ',~ < o zZ ;:;), s:: }- 'U Exhibit "B" SUBDIVISION CONVERSION IMPLEMENTATION AGREEMENT THIS SUBDIVISION CONVERSION IMPLEMENTATION AGREEMENT ("Agreement') is between Jerry M. Jennings, the owner of the Woodbum Crest Estates Manufactured Home Park ("Owner"), and the City of Wood bum, an Oregon Municipal Corporation ("City"), and is effected as of the _ day of December 2002. Recitals A, Owner owns the Woodbum Crest Estates Manufactured Home Park, located on Molalla Road (Highway 211) inWoodbum, Oregon (the "Park"), Currently, approximately 1210ts in the Park are occupied by m~nufactured homes, B. Pursuant to Ordil1ance No. 2162, issued in November 1995, the City approved the development of the Park. C. Pursuant to ORS 92.835, Owner has applied to the City for approval to convert the Park to a subdivision in order to be able to sell fee simple lots to the current occupants of the Park and to other interested parties. The subdivision conversion application (City File No. 02-03), was filed with the City on or about May 7, 2002. ORS 92.835 requires the City to approve, under certain circumstances, the conversion of a manufactured home park to a subdivision. D. The parties hereto desire to set forth herein the conditions and terms pursuant to which the City shall approve the conversion of the Park to a subdivision (the "Subdivision"), and pursuant to which Owner shall prepare and submit the final plat for the approved subdivision. NOW, THEREFORE, based on the mutual consideration stated herein, the parties agree that the City shall accept and approve a final plat for the Subdivision based on the following: A2reement 1 Approval. Consistent with the terms and conditions of this Agreement, including the tentative plat attached hereto as Exhibit A, the City shall approve the conversion of the Park to a subdivision and shall accept and approve the final plat for the Subdivision. Owner agrees to prepare and submit a final plat for the Subdivision in conformance with the terms and conditions of this Agreement, including Exhibit A. 2 Lots and Open Space. The final plat shall contain no more than 43 lots intended for occupancy by manufactured houses. The open space area designated on the tentative plat shall be identified as a separate tract on the final plat, and shall be utilized as passive open space and planted with grass by the owner. The Homeowner's Association may convert the tract to another type of open space or recreational use. Page I - SUBDIVISION CONVERSION AGREEMENT 49 T .., , ~ ...... T 3 Street Sidewalk and Storm Sewer Systems. 3,1 The existing street, sidewalk and storm sewer systems within the park have been constructed and approved as private (not public) systems, All of these systems shall remain privately owned and maintained, The City will not assume any public ownership or liability for maintenance or claims of damages arising from the failure of these systems. A Homeowner's Association shall be created and shall be responsible for the operation and maintenance of these systems, 3.2 The existing private street serving the park shall be dedicated to the Homeowner's Association for maintenance and tax purposes, Each lot created shall be granted a legal access to the property. 4 Water System. 4.1 The exis~ing water system serving the site includes both public and private lines. The City has an existing 8" diameter water main traversing through the property, providing fire protection and one master meter for domestic service. The Owner has installed a private water system through the park providing service to each individual site. This system does not meet city standards and will not be accepted or maintained by the City. 4.2 The Owner shall convert the water system to a public system prior to approval of the final plat and the City shall accept and maintain the system. In accordance with city standards and specifications, the Owner shall replace the existing private system with a 6" diameter looped water main. The Owner shall install domestic service to each lot from either the existing 8" diameter water main or the 6" diameter water main to be installed. Owner anticipates establishing services to each lot with a connection from the interior looped water main to be installed, however, if it is necessary to extend taps from the existing 8" water main, then that work will be done by the City and a reimbursement fee for that work shall be paid to the City by the Owner. 4.3 The plans for the water system improvements described in Section 4.2 shall be prepared by a Registered Engineer in accordance with city standards and specifications and shall be submitted to the City's Public Work Department for review and approval prior to commencement of the work. The City shall inspect the water system improvements prior to accepting the improvements for public ownership, and the Owner shall pay appropriate inspection fees to the City. The inspection fees shall be determined based on existing city regulations and ordinances. 5 Sanitary Sewer System. The existing sanitary sewer system within the Park has been constructed as a private system. The system may conform to current city standards and specifications. The City will conduct the necessary testing to verify that it meets city standards. If the system is found to meet city standards, it will be accepted and maintained by the City. If the system is found not to meet standards, the Owner shall correct the deficiencies necessary to Page 2 - SUBDIVISION CONVERSION AGREEMENT 50 I' .1. ~ bring it up to public standards and thereby qualify the system for acceptance by the City prior to approval of the final plat. 6 Public Easements. 6.1 The Owner shall convey to the City easements for those utility lines and facilities located on private proP<trty that are to be accepted and maintained by the City. Except as provided below, the minimum width for the utility easements shall be 16' for each facility, Where multiple facilities are located within a single casement, the City Illay require a greater width, 6,2 The new 6" water line to be installed by the Owner, as provided for in Section 4.2, may be located within a public easement extending 2' on the interior side of the private street and extending ov~r the entire width of the street. 7 Homeowner's Association. The Owner shall submit a copy of the Homeowner's Association agreement and/or bylaws, and a copy of the subdivision's CC&R's, including provisions for maintenance of private facilities, for review and approval of the City prior to City approval of the final plat. The Homeowner's Association shall maintain all private common facilities, including streets, open space, and tot lots. 8 Manufactured Jfomes. Development on individual lots shall be limited to manufactured homes (no site built homes permitted) with site built or manufactured accessory buildings. Such development shall comply with the procedures ofWDO Section 5.101.01, except that the standards and criteria agplicable to such development shall be limited to those contained in WDO Section 2.203.15137,8,9,12, and 16 (Manufactured Dwelling Park), and Section 2.203.16 (Manufactured Home on a Lot). 9 Landscaping and Fencing. 9.1 The sections of street right of way on June Way and Highway 211 between the sidewalks and the subject property shall be landscaped prior to City approval of the final plat. At a minimum, the landscaping shall be planted in accordance with WDO Section 3. 106.03.A. 1. 9.2 A minimum five foot high uniform solid wood fence and/or masonry wall shall be constructed around the entire perimeter of the subject property prior to City approval of the final plat. A fence/wall plan shall be submitted to the Community Development Department for approval prior to construction. However, the perimeter fencing and landscaping along Highway 211 shall be constructed by owner within 12 months after the execution of this Agreement. 10 Completion of Roadways. The final Ii ft of asphalt on the streets within the Subdivision shall be completed at the earlier of the time 75% of the lots within the Subdivision are occupied or within 12 months of the date the final plat is recorded. Page 3 - SUBDIVISION CONVERSION AGREEMENT 51 I r ~ ~ II Garage on Lots 25 and 26. Prior to City approval ofthc final plat, thc garagc shown as crossing the proposed lot in betwecn Lots 25 and 26 shall comply with thc Onc- and Two-Family Dwelling Specialty Codc relating to a common wall on a property line, 12 Setbacks. Any structure (home, garage, carport, shed, etc.) with a wall less than 3' from a property line shall be required to have that wall constructed in compliance with the One- and Two-Family Dwelling Specialty Code. OWNER: CITY: City of Woodburn John C. Brown, City Administrator Page 4 - SUBDIVISION CONVERSION AGREEMENT 52 - , ~ r liB December 9,2002 TO: FROM: SUBJECT: Honorable Mayor and City Council ^ /~ John C. Brown, City AdministratorP" Exteqsion of Portland Gas and Electric Franchise Agreement Recommendation: It is recommended that the City Council adopt the attached ordinance, which extends the Portland General Electric franchise until February 28, 2003. Background: The City's current franchise agreement with Portland General Electric (PGE) was executed in 1993. This is a non-exclusive franchise that allows PGE to locate, operate, and modify its system within the City's rights-of-way. It further dictates service requirements, the terms under which PGE's system may be constructed and relocated, and other provisions such as indemnification and reporting responsibilities. The agreement also establishes franchise fee payments to the City. Franchise fees are limited to 3.5 percent of the PGE's gross revenues derived from the franchise area in the previous year, adjusted for bad debt. In 1993, as allowed under State statute and the franchise agreement with PGE, the City also instituted a 1.5 percent privilege tax, which too is imposed on PGE's gross revenues. Discussion: PGE's franchise agreement expires on December 31, 2002. In anticipation of a franchise renewal, City and PGE staff commenced franchise negotiations earlier this year. For the most part, negotiations have addressed provisions of the franchise agreement related to relocation and conversion of facilities, and the regulatory relationship between the City and PGE. While some progress has been made, negotiations are still ongoing, and will not be completed in time to hold a public hearing on the franchise renewal or obtain City Council approval of a new agreement prior to December 31,2002. To allow adequate time for these activities to occur, your approval of a two-month extension of the existing franchise is recommended. The attached ordinance accomplishes that extension, and affirms that privilege taxes will continue to be collected during the extension period. PCE has reviewed this document and agreed to the extension. ]CB 53 T. t ...~ COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 2109, THE PORTLAND GENERAL ELECTRIC COMPANY FRANCHISE, TO EXTEND SAID ORDINANCE UNTIL FEBRUARY 28, 2003 AND DECLARING AN EMERGENCY. WHEREAS, Ordinance No. 2109 grants a franchise to the Portland General Electric Company (PGE) to operate an electric light and power system within the corporate limits of the City of Woodburn; and WHEREAS, according to the terms of this ordinance this franchise expires on December 31, 2002; and WHEREAS, negotiations between the City and PGE are ongoing and a renewal of the franchise is anticipated in the near future; and WHEREAS, it has become necessary to extend the terms of the franchise until February 28, 2003 so that negations can be completed; and WHEREAS, under Oregon state law and pursuant to Ordinance No. 2114, the City also has imposed a one and one-half percent privilege tax on the gross revenues ofPGE; and WHEREAS, pursuant to applicable law, the privilege tax will continue to be collected by the City in addition to the franchise fee; and WHEREAS, PGE has consented the extension ofthe franchise under Ordinance No. 2109 and it is in the best interest of the City to amend said ordinance to allow for said extension; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The Council finds that PGE has consented to this amendment. Section 2. The terms and conditions of Ordinance No. 2109 are readopted subject to Section 3 below. Section 3. Section 2 of Ordinance No. 2109 is amended to read as follows: Section 2. Terms of Franchise. This ordinance shall become effective pursuant to the Woodburn Charter, and shall terminate on February 28, 2003, except: A. If the Company fails, neglects or refuses to perform any or all of its obligations or requirements pursuant to this Franchise for thirty Page 1 - Council Bill No. Resolution No. 54 f ,... .... T (30) days following written notice by the City demanding such performance, then this Franchise may be tern1inated by the City Council and the Company shall forfeit all rights and privileges hereby granted. B. If the State of Oregon or the PUC amends or adopts a state statute Of administrative rule that would affect a material term, condition, right or qbligation under this Franchise, either party may reopen Franchise negotiatipns with regard to such term, condition, right or obligation in order to address the change required or allowed by the new or amended state statute or administrative rule. C. If the Company is found guilty of providing fraudulent financial information to the City or fails to obtain or maintain any permit required py federal or state law. D. The City reserves the right to cancel this Franchise at any time upon one year's written notice to the Company in the event that the City decides to engage in public ownership of light and power facilities and the public distribution of electric energy. Section 4. This ordinance being necessary for the immediate preservation for the public peace, health, and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage and approval by the Mayor. Approved as to form: 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 Recorder A TrEST: Mary Tennant City Recorder City of Woodburn, Oregon Page 1 - Council Bill No. Resolution No. 55 I '" ~ T 1 J ,...., T IIC City of Woodburn frJ.ljce De/J.JlJ1l1J&l1J 270 Montgomery Street STAFF REPORT Woodburn OR 97071 (503) 982-2345 Date: December 3, 2002 Scott Russell, Chief of pOlice7;~ Mayor and City Council /' John Brown, City Administrator / From: To: Through: Subject: ORS 190 Agreement with City of Hubbard for use of police firearms range Recommendation: Enter into an ORS 190 agreement with the City of Hubbard to allow their use of the Woodburn Police Firearms Range The Woodburn Police Department has had a long and cordial relationship with the City of Hubbard Police Department. This relationship has included training partnerships to reduce costs and provide modern, realistic, and mandated training to police officers from both jurisdictions. Recently the City of Hubbard was forced to seek a new location at which to conduct it's police firearms training. Subsequently the Hubbard Police Department requested permission to utilize the Woodburn Police Firearms Range for their training purposes. The sharing of our range facility with Hubbard Police will provide the following benefits: . City of Woodburn can recoup some maintenance costs City of Hubbard will share their training equipment and mobile storage facility Hubbard Police Chief David Dryden is a recognized expert in the field of police firearms training systems and his assistance will only bolster the quality of the training provided by the Woodburn Police Training Unit to our officers Quality Firearms training at a reduced cost for both agencies Improved police operations through the sharing of training and facilities . . . . The ORS 190 agreement was drafted to assure proper safety and liability measures are followed in order to provide for a safe and efficient training facility for all those involved in the training and the public as well. 56 ,...., COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION ENTERING INTO AN AGREEMENT WITH THE CITY OF HUBBARD, OREGON FOR THE PURPOSE OF ALLOWING POLICE USE OF THE FIREARMS RANGE AND AUTHORIZING THE POLICE CHIEF TO SIGN SAID AGREEMENT. WHEREAS, by the authority granted in ORS Chapter 190, incorporated cities may enter into agreements with each other for the performance of any of the functions and activities that they have the legal authority to perform; and WHEREAS, under said authority, the City of Woodburn and the City of Hubbard desire to enter into this Agreement which allows sworn members of the City of Hubbard Police Department to use the City of Woodburn Police Department's firearms range subject to the provisions of this Agreement; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an Agreement with the City of Hubbard for the purpose of allowing the use of the City Woodburn Police Department's Firearms Range by sworn police officers of the City of Hubbard. Section 2. That a copy of said Agreement is affixed to this Resolution as Attachment "A" and is by this reference incorporated herein. Section 3. That the Police Chief of the City of Woodburn is hereby authorized to sign said Agreement on behalf of the City. Approved as to form: City Attorney Date Approved: Richard Jennings, Mayor Page 1 - Council Bill No. Resolution No. 57 ....... .. I ~ r Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant City Recorder City of Wood bum, Oregon Page 1 - Council Bill No. Resolution No. I .,., ~ 58 ~ AGREEMENT Police Firearms Range Usage A ATTACHMENT 2 Page -1-- of. :l This Agreement is made and entered into by and between the City of Woodburn, an Oregon Municipal Corporation, and the City of Hubbard, an Oregon Municipal Corporation, under the authority of ORS Chapter 190. RECIT ALS I. By the authority granted in ORS Chapter 190, incorporated cities may enter into agreements with each other for the perforn1ance of any of the functions and activities that they have the legal authority to perform. 2. Under said authority, the City of Woodburn and the City of Hubbard desire to enter into this Agreement Which allows sworn members of the City of Hubbard Police Department to use the City of Woodburn Police Department's firearms range subject to the provisions of this Agreement. NOW, THEREFORE, the parties agree as follows: TERM The term of this Agreement shall run from its execution by both parties until December 31, 2004 unless it is terminated earlier subject to the provisions contained herein. OBLIGATIONS OF CITY OF WOODBURN I. The City of Woodburn shall allow all sworn members of the City of Hubbard Police Department to use the Woodburn police firearms range subject to the terms of this Agreement. 2. Usage of the Woodburn police firearms range by the City of Hubbard Police Department is subject to range availability as determined by the City of Woodburn Police Department. 3. The City of Woodburn shall maintain the range and shall be the sole entity authorized to modify or alter the range in any way. 4. All range and safety rules sets forth in Woodburn Police Department Policy 13.14 (which is attached hereto as Exhibit "A" and incorporated herein) shall be applied to all members of the City of Hubbard Police Department when using the range. Said policy shall be enforced by a Hubbard Police Department Rangemaster who shall be present on each and every occasion when Hubbard police officers use the range. The normal hours of range Page 1 - Agreement 59 1 I .,.,. - ATTACHMENT k Pag e _.d::.... of "7 use by the Hubbard Police Department shall be Monday through Saturday, 0800 hours to 1900 hours. 5. The use of the range by the Hubbard Police Department at times other than the normal hours must be approved in writing by the Woodburn Police Chief. 6. This Agreement authorizes only sworn Hubbard police officers to use the range subject to the provisions contained herein. This Agreement does not authorize any other persons to use the range as guests of the Hubbard Police Department. 7. The only weapons authorized for discharge at the range shall be handguns of the type normally used by law enforcement agencies, police patrol rifles of the 9 mm or .223 caliber variety, and police shotguns. No discharge of explosives, chemical agents, or distraction type devices shall be allowed at the range. OBLIGA TIONS OF CITY OF HUBBARD 1. The City of Hubbard shall pay to the City of Woodburn ail annual amount of$300.00 for use of the Woodburn police firearms range. Annual charges shall be due on the first business day after January 1,2003 and with succeeding payments due on the first business day of each year hereafter during the term of this Agreement. 2. The City of Hubbard shall assume exclusive responsibility for the protection of the members of the Hubbard Police Department using the range and shall provide adequate training, safety, and supervision. 3. The City of Hubbard shall provide and maintain a certificate of insurance naming the City of Wood bum as an additional insured regarding incidents arising from the City of Hubbard's use of the range. Insurance coverage shall include liability and worker's compensation and all costs of insurance shall be paid by the City of Hubbard. The minimum liability coverage maintained by the City of Hubbard for use of the range shall be $1,000,000. 4. To the extent it may under the constitution and laws of Oregon, the City of Hubbard agrees to assume the risk for the use of the range and shall not seek damages against the City of Wood bum for the use the range pursuant to this Agreement. 5. To the extent it may under the constitution and laws of Oregon, the City of Hubbard shall indemnify, defend, and save the City of Woodburn harmless from any and all claims arising out of the use of the range pursuant to this Agreement. Page 2 - Agreement 60 ... I ~. ,..., T ATTACHMENT Page -2._ of GENERAL PROVISIONS 1. The Agreement can be terminated without cause by either party upon 30 days written notice to the other party. 2. All notices required under this Agreement shall be delivered by facsimile, personal delivery, or mail and shall be addressed to the following persons: Scott D. Russell Chief of Police City of Woodburn 270 Montgomery Street Woodburn, OR 97071 David Dryden Chief of Police City of Hubbard 3720 2nd Street Hubbard, OR 97032 3. The law of the State of Oregon shall govern the validity of this Agreement, its interpretation and performance, and any other claims related to it. 4. In the event a suit or action is instituted to enforce any right guaranteed pursuant to this Agreement, the prevailing party shall be entitled to, in addition to the statutory costs and disbursements, reasonable attorney's fees to be fixed by the trial and appellate courts. 5. If any of the provisions contained in this Agreement are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 6. This Agreement including Exhibit "A", constitutes the entire Agreement and supercedes all prior written or oral understandings, and may be changed only by a written amendment to this Agreement which is executed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective authorized officers or representatives. CITY OF WOODBURN CITY OF HUBBARD By: By: David Dryden, Chief of Police Scott D. Russell, Chief of Police Date: Date: Page 3 - Agreement T , _ ~ ~ A J 61 WOODBURN - MEMORANDUM To: Through: From: Date: Subject: Mayor and City Council " /!?O John C. Brown, City Administrator2V'" Mary Tennapt, City Recorder .~ December 3, .2002 Minimum Wage Increase Recommendation: Council adopt the accompanying Council Bill which provides for an increase in the base minimum wage as required by Ballot Measure 25 plus grade/step adjustments for positions listed on the exhibits. Backeround: On November 5, 2002, a state-wide ballot measure was approved by the voters which increases the minimum hourly wage frbm $6.50 to $6.90 effective January 1,2003. Additionally, future increases in the minimum wage will be adjusted annually for inflation and the Commissioner of the Bureau of Labor and Industries will calculate the adjustment in September of each year with the increased wage to be effective the following January 1 st. The City's hourly rate schedule for Park and Recreation employees (Exhibit A) provides for a beginning step at minimum wage with 5% step adjustments. Under the City's current Personnel Policy manual, hourly employees are eligible for merit increases following the completion of 1,040 hours within each step. The majority of part-time employees work less than 20 hours per week and, as a result, it takes them one year or longer in order to be eligible for a merit increase. This schedule also provides for hourly rate increases to those classifications which have greater responsibilities and/or lead worker responsibilities over other park and recreation hourly employees. On October 14, 2002, the Council adopted Resolution 1699 which increased the hourly rate schedule for Part- time and Seasonal employees for all positions listed on the schedule except for Library Page, Clerical Aide, and Park Maintenance Aide (PT - 1.0). These part-time positions were left at minimum wage since they are considered an entry-level position. The proposed Council Bill would also increase this hourly rate schedule to meet the new minimum wage law requirements but all other positions on this schedule would remain status quo. Financial Impact: The total estimated financial impact for fiscal year 2002-03 is $6,850 ($6,000 in wages and $850 in benefits) whereas annually, based on current year budget projections of part-time hours, the financial impact is estimated at $13,000 for wages and $2,000 for required benefit costs. 62 r w ,....~ r COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION RE-EST ABLISHING THE COMPENSATION SCHEDULE FOR HOURL Y AND SEASONAL EMPLOYEES. WHEREAS, th~ City Council is obligated per Section 11 of the Woodburn City Charter to establish compensation for each City officer and employee; and WHEREAS, on October 14,2002, the City Council enacted Resolution No. 1699 which established an hourly rate schedule for certain city employees; and WHEREAS, a state-wide ballot measure was adopted by the voters at the November 5, 2002 general election which increased the minimum wage paid to employees effective January 1, 2003; and WHEREAS, th~ City Council recognizes the need to adopt a hourly rate schedule to maintain compliance with State law and maintain proper equity compensation between classifications; now, therefore, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The hourly rate schedule for Park & Recreation Program part- time/seasonal employees (Exhibit A), and the hourly rate schedule for Part-Time/Seasonal employees (Exhibit B) is hereby adopted effective January 1,2003, a copy of the exhibits are attached for reference. Approved as to Form: City Attorney Date APPROVED KATHY FIGLEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the office of the Recorder ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. 63 r f In .,..~ Exhibit "A" PARK & RECREATION PROGRAM PART-TIME / SEASONAL EMPLOYEES Effective January 1,2003 CLASSIFICA TION STEP A STEP B STEP C STEP D STEP E PS-l Cashier 6.90 7.25 7.61 7.99 8.39 Lifeguard Recreation Aide Office Assistant PS-2 Head Lifeguard 7.25 7.61 7.99 8.39 8.81 Recreation Leader Fitness Instructor PS-3 Aquatics Center Clerk Water Safety Instructor Recreation Assistant 7.61 7.99 8.39 8.81 9.25 PS-4 Recreation Program Mgr. 7.99 8.39 8.81 9.25 9.71 Community Center Monitor PS-5 8.39 8.81 9.25 9.71 10.20 PS-6 Special Projects Prgm Mg[ Aquatics Prgm Mgr 8.81 9.25 9.71 10.20 10.71 64 , . ,.., ~ ,.....,. T "EXHIBIT B" HOURL Y RATES FOR PART -TIME AND SEASONAL EMPLOYEES EFFECTIVE JANUARY 1, 2003 RANGE STEP A STEP B STEP C STEP D STEP E PT - 1.0 LIBRARY PAGE 6.90 7.25 7.61 7.99 8.39 CLERICAL AIDE PARK MAINT. AIDE PT - 4.0 PARK MAINT. WORKER 7.53 7.91 8.31 8.73 9.17 PT - 7 0 CLERK I 9.12 9.58 10.06 10.56 1109 PT - 7.5 CUSTODIAN 9.35 9.82 10.31 10.82 11.36 PT - 8.0 LIBRARY ASSISTANT 9.58 10.06 10.56 11.09 11.64 PT - 8.5 CLERK II 9.82 10.31 10.82 11.36 11.93 PT - 9.0 10.06 10.56 11.09 11.64 12.22 PT - 9.5 MUNICIPAL COURT CLERK 10.31 10.82 11.36 11.93 12.53 PT - 10.0 RSVP ASSISTANT 10.56 11.09 11.64 12.22 12.83 PT - 10.5 CLERK III 10.82 11.36 11.93 12.53 13.16 PT -11.0 BUS DRIVER 11.09 11.64 12.22 12.83 13.47 PT - 11.5 11.36 11.93 12.53 13.16 13.82 PT - 12.0 ADMN. SECRETARY 11.64 12.22 12.83 13.4 7 14.14 PT - 12.5 11.93 12.53 13.16 13.82 14.51 PT - 13.0 EVIDENCE TECH. 12.22 12.83 13.4 7 14.14 14.85 WNTP LAB HELPER PT - 13.5 LIBRARIAN 12.53 13.16 13.82 14.51 15.24 PLANNING TECH. PT - 14.0 UTILITY WKR I 12.83 13.47 14.14 14.85 15.59 PERMIT SPECIALIST PT - 14.5 13.16 13.82 14.51 15.24 16.00 PT - 15.0 ENGINEERING TECH II 13.47 14.14 14.85 15.59 16.37 DRAFTSMAN PT - 15.5 WNTP OPERA TOR I 13.82 14.51 15.24 16.00 16.80 CODE ENFRC OFFICER 65 , , ...-r r liE December 9,2002 TO: FROM: SUBJECT: Honorable Mayor and City Council JC-11? John C. Brown, City Administrator-- ~ution to Keep November 11th as Veterans Day Recommendation: It is recommended that the City Council determine its policy regarding adopting a resolution in opposition to House Resolution 62. Background: At its November 25, 2002 meeting, the City Council discussed House Resolution (HR) 62. HR 62 was introduced in Congress to designate Veteran's Day as Election Day in presidential election years. It appeared the consensus of the Council was to oppose changing Veterans Day, as that action would diminish the importance of the holiday to the men, women and families of those who have served their country. Staff was requested to bring the matter back to Council on December 9, 2002, to allow the Council to decide whether it wants to take a formal position in opposition to HR 62. Discussion: The attached resolution was prepared, based on the model sponsored by the Elks National Service Commission. It is provided for your approval and adoption, should you determine to formally opposed HR 62. ICB 66 ..... I ..,.,. ~ r COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION TO KEEP NOVEMBER 11TH AS VETERANS DA Y. WHEREAS, House Resolution (HR) 62 has been introduced in Congress to designate V cterans Day as Election Day in presidential years; and WHEREAS, traditionally, November 11 th around the world was solemnly celebrated as Armistice Day, the anniversary of ending World War I; and WHEREAS, in 1954, to honor those who served in all armed conflicts to keep our nation free, Armistice Day-November 11th in the U.S.A. - became known and celebrated as Veterans Day; and WHEREAS, American veterans are due their own day to honor their comrades in arms, as well as cherishing the memory of those who gave "Full Measure" in defending and preserving the American way of life; and WHEREAS, this proposal would only serve to replace Veterans Day, as we know it, and will undermine its traditional solemnity; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The City Council of the City of Woodburn opposes HR 62. Section 2. The City Council advises Congress and all citizens that we support keeping November 11 th as Veterans Day for all years to come. The service of all veterans, living and dead, who helped secure the freedoms we enjoy today should not be diminished for political expediency. Approved as to form: 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 Recorder ATTEST: Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - Council Bill No. Resolution No. 67 ._ t .,.. r"T T 11F December 9,2002 TO: Honorable Mayor and City Council... /9? VIA: John C. Brown, City AdministratorP'/ FROM: Kezia MacAlistaire, Management Analyst II SUBJECT: 2003 Tourism and Economic Development Grant Program Recommendation It is recommended the City Council grant 2003 Tourism and Economic Development Grant funds to the Chamber of Commerce in an amount not-to- exceed $35,888; and $0 to Cascade Scenic Railway, Inc. Funds will be distributed pursuant to a grant agreement between the City and the grantee. Background: In 2002-03, the City Council increased the Transient Occupancy Tax (TOT) to 10 percent, and earmarked two-ninths (22.22%) of the TOT for tourism and economic development via grant program. The Council also approved grant requirements and guidelines. These monies are distributed through a competitive grant process to local organizations who promote tourism or economic development, who can advance the City Council's purposes in creating and allocating grant funding, and who can demonstrate the ability to deliver projects that will benefit the Woodburn economy. Eligible projects pursuant to grant guidelines include those which: . Promote existing tourist attractions & events . Create a greater diversity of activities to attract tourists to Woodburn . Promote diversification of the City's economic base . Promote projects and activities having the capacity to enhance long-term economic growth . Promote and assist existing small businesses . Provide technical and financial assistance to expand existing businesses . Provide technical and financial assistance to develop new businesses. Two agencies were funded last year: the Woodburn Downtown Association (WDA) and the Woodburn Area Chamber of Commerce. The WDA used $2,500 to promote Saturday Market and for its Downtown Tree Lighting Project. The Chamber was granted $35,200 to expand Visitors' Center Services. 2003 Grant Applic~tion and Review Process October 2002. Notice of funding availability was provided to three organizations that showed interest in the Tourism and Economic Development grant: the 68 T , .,.,. T WDA, the Chamber of Commerce, and Cascade Scenic Railway, Inc. Only two submitted grant applications. The Chamber requested $37,501 and the Cascade Scenic Railway requested $10,000 (Attachments 1 and 2). November 2002. City staff evaluated applications for eligibility. A review panel was formed, and grant proposals and program guidelines were provided to the panel. The panel was comprised of 3 owners/ managers of tourism-related businesses: Woodburn Inn, Bauman's Farms, and Elmer's Restaurant. The members independently reviewed the applications. Then evaluated the applications as a group, listened to presentations by Chamber and Cascade Scenic Railway representatives, and discussed funding recommendations. December 2002. The grant review team submitted final comments and funding recommendations to City staff. The panel agreed the proposal submitted by the Chamber clearly furthers the objectives of the Tourism and Economic Develbpment Grant Program. The three members' funding recommendations were $37,501, $37,501, and $33,751. The group approved averaging these recommendations, resulting in a final funding recommendation of $35,888 for the Chamber of Commerce. The group felt that expanding Chamber Visitors' Center functions will promote tourism in Woodburn. The creation and distribution of promotional printed material was cited as a particular strength, and the panel encouraged increased effort in that regard. The panel also recommended that the Chamber of Commerce strive to involve its membership in tourism-related programs and activities. The panel had difficulty making a clear connection between the Cascade Scenic Railway project proposal and the project's ultimate goals. The reviewers felt the project concept and vision need to be more concrete. They also indicated they would be more comfortable awarding monies to a project with more financial commitments in place, such as matching funds from other benefiting communities. Concern was also expressed over the Railway's eventual partnership with a for-profit organization, as the grant program is for not-for- profit ventures. Based upon their concerns, the review panel recommended no funds should be awarded to the Cascade Scenic Railway project at this time. As the application recommended for funding meets established grant guidelines, and is recommended by a panel of individuals representing tourism-related businesses, your approval of the recommended grant awards is respectfully requested. Upon you approval of these recommendations, a fee-for-services agreement will be negotiated and executed with the Chamber of Commerce. J CB / KM 69 T I ,..- . .-~ ATTACHMENT i Page -L of (n Woodburn Tourism & Economic Development Grant Application 2002-2003 I. Applicant Information Submitting Institution: Woodburn Area Chamber of Commerce PO Box 194 Woodburn, OR 97071 503-982-8221 503-982-841 0 FAX www.woodbumchamber.org we I come@woodbumchamber.org Authorized Representative: Jerry L. Wheeler, Sr. Executive Director Federal Tax 10: 93-6027273 IRS Class: 501e (6) Grant Amount Requested: $37,501 Matching Funds: $37,501 Realized from member dues and from non-dues revenue from events and services, other grants and community contributions. Project Director: Jerry L. Wheeler, Sr. Mission Statement: Our mission is to advance and promote the economic and civic interests of Woodburn and the surrounding area. History: The Woodburn Area Chamber of Commerce has been around for many, many years, first as a volunteer organization, and then incorporated in 1959. It has always served as a promotional and networking tool for the community and its businesses. Today the Chamber also works in the areas of economic development, workforce development and providing services to its members. Similar Experience: The Chamber has been serving as a Visitor Center, but on a very limited scale due to limited funds. By default the Chamber was consistently the "one stop shop" for anyone looking for information on a particular community. With a new professional, more welcoming presentation and updated equipment we are better able to serve and increase the number of visitors to Woodburn. Board of Directors: Kristy Olson, President Jeanine Hohn, Director Patrick Vance, President-Elect Greg Lundeen, Director Alma Grijalva, Treasurer Scott Roerig, Director Don Judson, Past-President Ernie Storey, Director Carolyn Contos, Director Cindi Vetter, Director Laurel Cookman, Director Jon Wolfer, Director Amy Dent-Bcebe, Dircctor Kathy Wolfer, Director Mary Graves, Director 70 , t .,.. ,....... T ATTACHMENT Page -A- of 2. Proposed Project Timeline October 2002 . Unveil new ad campaign by placing ad in the new SCV A magazine with a readership of 125,000, distributed throughout the Northwest, CA and Be. October - December 2002 . Assume ownership of the Drums of Fire evcnt. This cvcnt alrcady attracts visitors from all ovcr thc Northwest. Additional seating and bctter promotion will bring even more visitors. Hotels, restaurants and grocers will especially benefit. . October 2002 - March 2003 . Continue work with Tulip Festival Committee to create a new kick-off event, bctter use of the website to promote thc Fcstival and coordinate promotional cfforts outside thc Woodburn area. October 2002 - 2003 . Continue dialogue with communities along the Silver Falls Tour Route in order to get "buy in" for an updated Tour Route brochure and create future goals for the TQur Route. The immediate goal will be to produce a new brochure in the 02- 03 timeframe of this grant. . Purchase ad in the next available POV A magazine, with a readership of 175,000. . Purchase ad in the next available Oregon Garden magazine, with a readership of 98,00Q. . Continue operation of the Visitor Center 6 days per week. November 2002 - March 2003 . Partner with the Woodburn Independent to begin planning and selling new Community Guide. December 2002 . Attend DCI conference in Las Vegas to set Corps schedule for Drums of Fire event. December 2002 - February 2003 . Update and produce existing Tourism Brochure. Estimate 25,000 copies. . Purchase display unit for trade show presentations. January 2003 . Begin planning Drums of Fire event. . Begin work with Woodburn Berry Festival Committee in planning and promotion of the festival. February 2003 . Distribute Tourism Brochure to state tourism centers. . Contract with Certified Folder for regional distribution of Tourism Brochure. February - March 2003 . Partner with Woodburn Company Stores to participate in pav A Trade Show. . Partner with Wooden Shoe Bulb Co. to participate in Home and Garden Show. March 2003 . Produce Tulip Festival Kick-Off event. . Publish new Community Guide. March - April 2003 . Work with Tulip Festival Committee to produce festival events and promotion. May - July 2003 . Begin selling tickets and promoting Drums of Fire event. July 2003 . Produce Drums of Fire event. September - October 2003 . Begin planning a new Tourism Brochure. . Begin planning new Community Map. t. ,.~ ~ ( (p 71 ATTACHMENT I Page~ of (0 3. The objective of the project is to enhance the overall quality and image of Woodburn area visitor promotional efforts, in order to create increased positive contacts with our community. By continuing to offer a full service Visitor Center and more comprehensive information on what to do in the area it is more likely visitors will stay in the area longer and spend more dollars in the community. More visitor contacts translate into more dollars spent here in our local economy, benefiting businesses and improving the quality of life. . A vibrant tourism industry here also means that new businesses will be attracted to the community. Some may be tourism oriented but others, because of what they see here, will choose to relocate, generating more tax revenue and better paying jobs, allowing for enhanced city services and improving the quality of life. While it is almost impossible to track how many people who pick up a tourism brochure at any given venue actually visit that brochure's listed area, it is quite safe to say that not having brochures on Woodburn throughout the state and elsewhere results in nobody visiting our area from these high traffic visitor information venues. By not participating, Woodburn forfeits a huge resource for enhancing the reputation of our community. Everything asked for has been created with a two-fold purpose in mind. First, to create the promotional materials and activities necessary to potentially attract new visitors to our community and to make them more readily available to those potential visitors. Second, once those visitors have arrived, create a welcoming and professional environment that will further clarify what is available here for our visitors. While it is true that the Chamber of Commerce has always answered the phone as a one-stop information center on Woodburn, our City partnership has enabled us to extend our Visitor Center operating hours, provide professional and informed "greeters" and extend our promotional efforts into the surrounding region and the state. We could not advertise the surrounding communities, nor could we promote regional and state attractions. We would also never be involved with the amount of walk-in traffic that is occurring and has literally doubled since we opened at our new address. My assistant is spending most of her time greeting visitors, and less time doing other Chamber work. This success has necessitated hiring additional staff, and as our role expands will require even more staff investment. We've done all this, concentrated on implementing these objectives, because it helps to fulfill a portion of our mission in the areas of community promotion and economic development. We've also done this because the City of Woodburn has asked us to partner with them in bringing new visitors to this community. This is a full-time challenge for which the Chamber is accomplishing in a part-time setting with professional resources (albeit limited). The City, and tourism-related businesses, get a Visitor Center, professional staff and equipment, all at a fraction of the cost to create and man a stand-alone facility. Failure to grant the needed funds will force us to drastically scale back the City's Visitor Center and move to a more affordable location. 72 1 t ,..-w .-~ ATTACHMENT ~ Page ~ of 4: In ordcr to implcment project objectives thc Chamber will: · Crcate and maintain a welcoming, professional Visitor's Ccntcr that will be open at least 6 days per week. . Dcdicate management staff to commit 60% of Executive Assistants timc and 90% of the part-time staffs timc to visitor's services and reception. . Participate in two tourism related regional trade shows. . ProdUce and distribute on a regular basis quality, informative publications on the Woodburn community, its businesses and surrounding area attractions with the assistance of an active Tourism Committee. . Create a uscr-friendly web site with expandcd linkage highlighting thc Woodburn community, its busincsses and surrounding area attractions. Work with the Chamber's web sitc professional to ensure that thc Woodburn site is easily found when visitors are searching for information. . Partner with the Oregon Tourism Commission, Salem Convention and Visitors Bureau, Silverton Chamber of Commerce, Mt. Angel Chamber of Commerce, Stayton/Sublimity Chamber of Commerce, and other regional tourism organizations to more effectively reach a larger audience, network and gain benefit from industry expertise. . Work with the City of Woodburn, Woodburn Tulip Festival, Woodburn Downtown Association, Woodburn Berry Festival and other groups to improve the quality of existing community events and to cooperatively plan the development of new events. 73 ,.....,. r 5. Project Budget 2003 REVENUE Earned Income Grants & Contributions In-Kind Services Total Revenue EXPENSES Personnel Exec. Asst. @ 60% Part-Time @ 90% Total ATTAC,?,ENT r Page of (p COMMITTED $37,50 I PENDING $37,50 I $37,50 I $37,501 TOTAL REQUESTED TOTAL EXPENSES 10,100 5>5,200 $12,800 $ 16,800 $ 5,800 $25,600 Materials & Services (Based on estimated percentages that are tourism related and associated with Visitor Center Services) Request $5,750 $1,135 $2,016 $1,000 $ 840 $ 150 $ 360 $ 600 $11,851 Rent @ 50% Utilities @ 50% Phone @ 70% Office Exp. @ 50% Off. Supplies @ 40% Dues & Fees @ 100% Web Site @ 80% Postage @ 40% Total % Budget $11,500 ($21,000) $ 2,270 ($ 4,540) $ 4,032 ($ 5,760) $ 2,000 ($ 4,000) $ 1,680 ($ 4,200) $ 300 ($ 300) $ 720 ($ 900) $ 1,200 ($ 3,000) $23,702 Capital Items 100% Tourism Brochure $1,000 $ 2,000 Brochure Distribution $1,000 $ 2,000 (Certified Folder display and shipping costs) Ad in POV A Guide $1,250 $ 2,500 Ad in SCV A Guide $ 750 $ 1,500 Ad in Oregon Garden Guide $ 550 $ 1 , 100 Silver Falls Tour Route $4,000 $ 8,000 Brochure Facilities Brochure $ 50 $ 100 Event Promotion $2,000 $ 4,000 (Tulip KickofflBerry Fest.) POV A Trade Show $ 250 $ 500 Home & Garden Show $ 250 $ 500 Tabletop Display Kit $ 750 $ 1,500 Drums of Fire Promotion $1,000 $ 2,000 Total $12,850 $25,700 TOTAL PROJECT EXP. $37,501 $75,002 I ,..,. ~ 74 ..., r 6. Partncring Organizations City of Woodburn Events Coordinator Woodburn Chamber Marketing Committee Woodburn Chamber Tourism Committee Chemeketa Community College Woodburn Tulip Festival Committee Woodburn Berry Festival Committee Portland Oregon Visitors Association (PQV A) Salem Convention and Visitors Bureau (SCV A) Oregon Tourism Commission (OTC) Oregon Department of Transportation (ODOT) 1 j T" ~ ~ ATTACHMENT I Page -4-- of <a 75 .~ W~b~BURN -.: -. ~- Submitting Institution: Cascade Scenic Railway, Inc Moiling Address: 601 S Settlemier Rd Authorized Representative: Kathy Fi ley Title of Authorized Representative: President Type of Institution: Non-profit City/Zip: Woodburn, OR 97071 Phone: 503 981-0485 Fox: , t?" Federal Tax 10: 93-1328621 Grant Amount Requested ($5,000 minimum): $ 10,000 Project Director: Kath Fi Ie Address: 60 1 S Settlemier Rd City/Zip: . E-Mail: Woodburn, OR 97071 kfi Ie @fnf.com What is your organization's mission statement and objectives?: The Cascade Scenic Railway has three primary directions: I) Tourism promotion by providing transportation links to tourism facilities by providing education top patrons of the economic history and agriculture heritage of the area. 2) Historic interpretation of the railroad's part in the settlement and development of the Pudding River Basin of Eastern Marion County by the operation of a scenic railway in east Marion County. 3) Promotion of the livability, economic development and economic diversity of the area. IRS Closs (Exemption): 501c3 Matching Funds (source must be identified in the Project BUdget): $ 90,231.07 Phone: 503 981-0485 Fax: In order to achieve these goals, CSR Inc expects to spend approximately $750,000 in land acquisition and approximately $100,000 on four passenger cars. The cost of building a platform/terminal in Woodburn is expected to be about $15,000. In order to raise these funds, CSR Inc. is currently working on a marketing campaign and intends to a Iy for a ro riate local, state, federal and private grants. Briefly describe the history of your organization (including years of operation: Interested participants have been meeting since September 1999 and have garnered extensive support, optimism and unanimity. The group formed a not-for-profit corporation in August 2001, with a board of directors that represents the communities and interests along the line. They continue to be committed to the mission of an orderly engagement of community and county partners and other public and private entities to implement new transportation opportunities, beginning with excursion service. The main terminal of this service will be in Woodburn. The Oregon Department of Transportation recently completed a feasibility study on the viability of the passenger service between Woodburn, Mt. Angel and Silverton. The cost of this study - $70,000 - was donated as an in-kind service. CSR, Inc. has entered into an agreement with the Willamette Valley Railway Company for an exclusive right to operate passenger service to operate passenger service on the line .. . ~ ~ T' ro that being proposed. I Describe the experience your :anization has with projects simil including prior years' Tourism and Economic Development grants: None ATTACHMENT J.. Page _.J:: of ~ 2. PROPOSED TIME FRAME OF PROJECT ~~.---~"-"-~-~~ /' :r::)? f,J: L~j ;~~~'- 't:- ~. r,'U"~!{F:~ jf\'~~' <}tr f2J ,-<':J-'/. f'frll?;(0(':;-)~ fe' 'iF!( Ir.' :::.rc)5:1(':; ~-"( v "'){~~'f- K'" "t 'l>/' r c):;; c.'~. ~'!~' ;'::' ~' l~./it't;tt ;1~);Ii:' ;;{;tcl( ~I f~:~~ _::::}~C n'i'JJ.' !,t."~Ul':Qr:t!.Oh)lfi{'(, . :n_.__...._:.."...:_..~._... .__~__". _._.~."~.: .:_._. .. .. ~..... ". _.._ ..'..... .. .. ... . _.:~_~_~:.~~;~ May 02 - December 03 - Develop and execute marketing/education/fundraising campaign January 03 - Contract with Grant.Writer anuary 03-June 03 - use grants and donations for land acquisition anuary 03-December 03 - use grants and donations to purchase passenger cars and construct passenger platforms, including the main terminal in W oodbum. Spring 2004 - Begin passenger excursion service between Woodburn, Mt. Angel and Silverton. 77 I ,., ~ ~ T J ~--:-:-:---~~liI ,/, ~---:-:----':-------;-~ .~ r ,,,}"".}~1~~' .-~ ,....,;.Jr'rrf-'r.' (011\"... .....t' ,.f(-..,,.,....Ct ;;If'.....I.''''~:[fC'lr{ r~.'J'1( _'\.~~\/.'"(.....18r''ili0(01' ('t--( r~\::)f'r'''.)-'''('\o'1-'''0f', 1 -.; ,)... lr1ro..' .' " ..~-" ~....": t. -l .: ~ 1, ~:l = ~~: ~ -: ::~~;. .:'; I - "'./:.: T~' ~~: ; <",,. .J\~~ . ~: .~.=;~ '--; _~-'l, .~. . -:.; -:... r....:_.. ~'~~~-;~/"'.'! . "~.~'. ..~::.;~ :-:: .~~:.~~'~,~~~" . ~...' :. ~':,',' ,..~..:\ >~~t"">>':l':~.:t ,-'=-,~ "i'.!:""I';:'::,=J"ld~', CO)r .!"i;fCl,,:n,~"':I'..."'J'r';':;;tc)~:.1r~\:.'e~~al~:';l<);:r-{~h:_ -,' ,'. ';. ,- _....,.:-V....'...";='.r..'."'-. - . :'""'<.""" :. _ 7t"'i..;..T~.?:i :\3., t.r - ..... - "..._.to..~ J-~ ~~::.I.....:J-....l.IJ~j,:t.<"'_).~~...J.....~~_~~~~~..;r~\..;.__~~~~-._.._......... .......;.Le.):.J.~~ t.....:..-. ~~~ The project for the purposes of this grant is the nmdraising/marketing campaign to continue increasing support for Cascade Scenic Railway and to raise the funds necessary tp/for land and equipment acquisition and construction. Negotiations are underway with Union Pacific, ODOT, Wfll~tte Valley Railway Company, and CSR Inc for CSR Inc to purchase the land from Union Pacific. The land acquisition is anticipated to be completed by the summer of 2003, with construction and equipmcnt acquisition completed by the end of2003. This will take a major financial commitment and CSR Inc, will be relying on grants and donations to achieve the goal. Therefore, CSR lnc will contract with a grant writer as soon as possible. Th.e organization also has begun a marketing campaign which will reach potential donors. Thc marketing campaign necds to bc developed professionally and CSR has made contact with a professional who is \\iilling to provide services at cost and in-kind. The Cascade Scenic Railvvay is scheduled to open in SprIng 200-1. opcr3ting on an il1ltial schedule of 150 days a year. It will provide inter-connected tourist related transportation between the cities of Woodburn, Me Angel, Silverton, and eventually Stayton. Woodburn is the natural major tenninal for the project as it is at the start of the line and already has strong interest in the railway, being the home of SP 1785. It will be necessary to have some sort of depotlboarding platform, probably in the historic, downtown area, close to the current site of SP 1785. Although the initial service will be diesel, the intention of CSR Inc. is to run steam as a component of the service. 4. PROJECT DESCRIPTION ~~-----:---~.:::-:~~-;-~~ .:~ (. ,_I;, '- ,( ...~::...;::- :-_f~"~ Ifr;;~(<.; F)./~~~l~ ;' '_Jci~J;<:.lr -J~!nrt f fr~r €r)'A~/ct9!tiX~~J}: ;~~J!fj",.';jJt'T)il.,s[f'tEP~~2.; 1:;~~..;~.n~J :.f,;:;,fVc)::; if'; f-,~t~U. :-~ft.'\~ ~')jJ/")f> I5'r~ ;!.~"':."",-' ;"<'JC 'JL~f~:.I::'<_~'~.'it'~f"J"~:~ ~ __ . ~_ .'_"'_ .. ~_ u_~ ~_ .~~~~...L;." d __ _~.:..:~.._~-: k~__~~H._ ______~ ~.__ _ ;__u :. ,,~~'"' ~ td . ~.~.j An in-depth feasibility study carried out by the Oregon Department of Transportation, which outlines the potential of a tourist based passenger service, concludes the project is economically viable. With the study in hand, CSR Inc, has begun education and outreach that will help build additional financial support. CSR, Inc. has entered into an agreement with the Willamette Valley Railway Company for an exclusive right to operate passenger service to operate passenger service on the line and is currently negotiating with Union Pacific to purchase the rail bed. Cascade Scenic Railway Inc already has gained support in the communities along the line, including some financial support. However, in order to make this $2.5 million project a reality, it is necessary for CSR to apply for grants, and further develop its marketing strategy in order to raise the money to purchase land and equipment and for construction. :'.lTACHMENT 'l':;C . ~_ of J.. q 8 -4 I .,.,. ,...., f PROJECT REVENUE Earned Income: Grants & Contributions: In-Kind Services: TOTAL REVENUE: COMMITTED (PrOject Revenue thaI has been promised) $ $1,007.50 $83,223.57 $84,231.07 $ $10,000 $6,000 $ 16,000 I I TOTAL REQUESTED I TOTAL EXPENSES (from the WTEDG) (for this proect) PROJECT EXPENSES Personnel Dan Hoynacki (in-kind) - public relations/marketing Nicola Cribb - (in-kind) public relations $144';;-4-5 1; Ab7i,-/"2- Total Personnel $10,123.57 Materials & Services Grant Writer Marketing Postage CPA (in-kind) ODOT - Feasibility Study (in-kind) $8,000 $2,000 $8,000 $8,000 $1,000 $3, 1 00 $70,000 Total Materials & Services $10,000 $90,100 Capital Items . , C 1\ 'J- ~_E~i q 'U\JL.: Total Ca $100,223.57 OTAl PROJECT EXPENSES .... .,.,~ ,..... T . Specify all individuals or organlLational partners involved in the plunning or execution of the prdposed project and summarize their involvement. Oregonian Railway Historical Society - Partner Nicola Cribb - Marion County Board of Commissioners office, in-kind staff support/PR Cities of Woodburn, Mt. Angel. Silverton, Stayton - Partners Marion County - supportive of project Oregon Department of Transportation - in-kind feasibility study Kuenzi and Co. -In-kind CPA Services Churchill, Leonard, Lodine & Hendri, LLP - In-kind Legal Services Dan Hoynacki, OSU Extension Service, Marion County - In-kind project coordination/PR List the officers and board members for your organization: Kathy Figley - President, CSR Inc. Frank Scheer - Vice President CSR Inc. Mary Johnson - Secretary CSR Inc. erry Kuenzi - Board Member CSR Inc. Dan Hoynacki - Board Member CSR Inc, in-kind project coordinator Dave Root - Board Member CSR Inc, owner of WVR Co. Larry Oien - Board Member CSR Inc. ATTACHMENT '). Page _..)._ of Cf 80 -'. I r. ~, ~I ~~ ~uu~ ~~.~~ r"-uc:::.J"'- J. 0. .......LH trN"1 t LL\... ::>t:)..) ..):;j:;j (~ t-'.~/l:::l~ WEACCEPT.AND~ "- _ "ok or r""" KUENZI & COMPANY, LLC CERTIFIED PUBUC ACCOUNTANTS / BUSfNESS CONSULTANTS 650 Hawthorne Avenue SE, Suite il 0 Salem, Oregon 9730 I 503.399.7306 ATTACHMENT Page ~ of 1- C1 ~ CASCADE SCENIC RAIL WAY PO BOX 1595 SALEM OR 97303-0161 Client 1D: Ko992 Date: 06/30/2002 For Professional Services Rendered as Follows: :J r,co..cc= -' bo1. if c.bovc= ~ .a!orm.t1on " ~c1 . indica1t. cha.n.,:t' Qn rcvct\e _'ida. ACCoUNTING SERVICES $ 2,500.00 Preparation of Application for Exempt Status (Form 1023) And Registration with the Oregon Department of Charitable Trusts $ 500.00 Response to IRS Regarding Form 1023 Issues $ 100.00 Preparation of Application for Federal Identification Number $ (3,100.00) Gift-In-Kind Subtotal ACCOUNTING SERVICES Prior Balance: so.oo SO.OO Balance: so.oo~ t . .:i'~ WE APPRECIATE THE OPPORTUNITY TO BE OF SERVICE AND WELCOME REFERRALS. t ..,~ A fINANCE CHARGE of 1.5~. per monl/l will be c:hariled on llIaccoUl1lS over 30 days KUENZI & COMPANY. LLC 503.399.7306 PLEASE RETtfRlo/ TO' PORTION WJTH YOUll PAYMENT. IlETAtN BOTTOM PORTION FOR YOlJR RECORDS TOTAl. P. 132 81 . , I T" ~ - A.TTACHMENT 1--- Page -.-:::t- of q CASCADE SCENIC RAILWAY INC Donations for Marketing, Public Relations and Fundraising Project IN-KIND Personnel Dan Hoynacki - OSU Extension Service, Marion County Cost of position ~ $6204.S4/month 16 hours/month - $620.454 $7445.45/ycar Nicola Cribb - Senior Management Advisor, Marion County Board of Commissioners Cost of position - $7141.66/month 5 hours/month - $223.18 $2678.121year Materials and Services received to date Oregon Department of Transportation Feasibility Study - $70,000 Terry Kuenzi, CPA - $3,100 CASH DONATIONS received to date: $1007.50 82 t .,.,w ~ ATTACHMENT ~ Page~ of q SIL VERTON MUL TIMODAL AL TERNA riVES STUDY EXECUTIVE SUMMARY Authorized as a State Planning and Research Project (SPR) for the Oregon Department of Transportation, the Silverton Multimodal Alternatives Study set out to examine whether rail passenger service between Woodburn-Stayton in Marion County could benefit parallel road systems by reducing congestion and maintenance costs, and postpone or defray future capital expenditures to increase road capacity. A second concern was survival of rail freight service on the same line provided by Willamette Valley Railway 0/'NR). Continued rail service to the affect~d sections of Marion County is by no means guaranteed. The combination of low freight volumes and a legacy of deferred maintenance inherited by VWR threaten long-term continuation of this method of transport Losing it would shift more tonnage onto the highways and handicap industrial development in the corridor where V'-NR operates. The study begins with an overview of the rail corridor between Woodburn and Stayton, examining the railroad and its sideline into east Salem, paralleling and connecting highways, traffic volumes and growth trends, population and population growth, and economic factors. This is followed with a detailed look at the capital costs associated with implementing a unique excursion passenger service that also provides a legitimate transportation function by transporting people to and from a new major tourist attraction-the Oregon Garden in Silverton. Additional information includes sample schedules, discussions of motive power and rolling stock, potential station sites, operating costs, creation of a maintenance facility, . a discussion about fares and a review of marketing ideas and options. The report also touches lightly on future prospects for a relatively high speed commuter train operation and reports on college-level railroad curriculums that, if adopted by a local junior college, could use this rail line as a laboratory for students to gain valuable hands-on experience. Key Findings The Oregon Garden appears to be fulfilling expectations of becoming a significant tourism destination and steady growth is forecast for the foreseeable future. The commercial district of historic Silverton is already reacting to the prospect of having many new visitors in town and this activity will suffice to attract more new visitors who may arrive for attractions other than the Oregon Garden. ES-1 83 1 I ,.... ,....~ " ATTACHMENT ?- Page~ of 9 The road system serving Silverton is not overtaxed nor is it in any immediate danger of reaching capacity. But traffic in general is growing and other development not associated with the Oregon Garden is adding vehicles as well, particularly between Salem and Silverton where the designated travel route entails county roads rather than state-maintained highways. There is an opportunity to create a unique combination of an excursion train that ha,uls tourists, to another major attraction in the process. Such opportunities are rare, as most excursion trains are attractions unto themselves, usually relying upon scenery and the fun of a train ride, and do not provide a means of transport to someplace else. But the situation here is different and such an operation, if it were to be successful, could haul substantial numbers of Oregon Garden visitors annually with a resulting decrease in demand for highway resources, fuel consumption, air pollution and congestion. Passenger haulage could grow to eclipse freight haulage over VNR providing a critical new sour1ce of revenue and helping to assure continuation of the historic rail line for future economic development and future conversion into a higher- speed commute service. The most prob~ble recipe for success is a service that operates multiple trips daily with the same set of equipment Woodbum-Silverton-East Salem and . marketing to attract Oregon Garden visitors out of their autos in Salem and . Woodburn and substitute a train ride to Silverton. Initially, such a service could begin with an operating schedule of 50 days yearly in the nicer travel season and it appears that sustainability could occur by carrying between 500 and 1,000 riders per day at an average round-trip fare of around $15. This would amount to 25,000 "rides" per season but this is only using approximately 22 percent of the capacity recommended to acquire. In reality, a well run, consistently operated service aggressively marketed should be able to fill up far more capacity and probably expand its operating season too. Further attraction can be added to the excursion component by operating some of the season with a steam locomotive and possibly offering a dinner train service that might travel the Stayton leg of VWR. Cascade Scenic Railway, a non-profit group that is incorporating to promote train tourism, has already begun the process of converting vision to reality. While this study does not purport to be a blue print for success it does endeavor to identify the critical elements necessary to successfully launch and operate a rail passenger excursion. ES-2 1 I ,.., f . , , , , , C , , t . . . , I . . . I , , I . i ~ Ii I . << . . ; ~ 84 . IIG December 9, 2002 TO: FROM: SUBJECT: Honorable Mayor and City Council'L'l() John C. Brown, City Administrator --" 0/ Fee Deferral for Crown Two Development, LLC Recommendation; It is recommended that the City Council authorize the City Administrator to execute a loan contract with Crown Two Development, LLC. related to Parks System Development Charges. Background: Crown Two Development, LLC is the owner of the Evergreen Retirement Community, located on Evergreen Road. The facility, which is nearing completion, will house 96 congregate care units, 40 assisted living units, and 8 independent cottages. Site plan approvals were given in the late spring, 2001. In pre-application discussions, Public Works staff gave Crown Two a Parks SDC estimate of approximately $500. The calculation was erroneously based on commercial, rather that residential zoning. Crown Two indicates it used the calculation when securing project financing. City staff subsequently found and corrected the estimate. That resulted in a revised estimate of $197,750. This information was available to the applicant prior to Planning Commission approval of the project. A copy of the corrected Parks SDC estimate was included in the Commission's package, and was incorporated in condition of approval No. 21 related to the project, which stated" All system development charges shall be paid at the time of building permit issuance in accordance with adopted ordinances". Crown Two executed an " Acceptance of Conditions" form, agreeing to all conditions of development. Building permits were issued for the project in September 2001. Crown Two took exception to paying the corrected Parks SDC's at that time, and according to notations on the building permit paperwork, was given approval to delay payment to "a later time". That approval was given in lieu of a written request by, or written documentation of the deferral directed to, Crown Two. Staff intended to collect the charges prior to issuing an occupancy permit for the project. During the development period, Crown Two entered into a number of leases for units, and individuals sold homes in anticipation of taking up residency at the complex. Completion of the project is slightly behind schedule, and I am advised that some individuals sold their homes and are now residing in motels or other temporary housing waiting to move into the Retirement Community. 85 fT. ~ .T r Honorable Mayor and City Council December 9, 2002 Page 2. Discussion: Last week, Crown Two requested an occupancy permit for the development, and was denied, because it has not yet paid Parks SDC's. Since that time, City legal and administrative staff have worked with Crown Two to resolve the occupancy permit issue. As of the writing of this report, City planning and building staff is working with Crown Two to resolve any outstanding punch-list items that might delay issuance of an occupancy permit. The SDC fee payment will be, then, the only outstanding issue preventing occupancy of the building. Crown Two indicates that while it has the ability to pay the outstanding SDC, currently calculated at $216,176, it does not have adequate capital available to pay at the current time. Monies may be available in project contingencies, can be obtained through monthly lease cash flow, or could be provided by lender financing. Each of the options, however, means further delay of the issuance of occupancy permit, and further delay and inconvenience to those who have leased units in the development. To expeditiously resolve this situation, it is recommended that the Council approve a deferral of Crown Two's Park SDC for a period of six months, pursuant to a loan contract which would secure the City's interest in the project if fees are not paid. The Council has discretion, pursuant to State statute, to defer these fees for a period of its choosing, and to impose interest and administrative charges. A draft of a loan contract is provided for your information. The final draft may be altered, based on final negotiations with Crown Two. Based on discussion with Crown Two, a six-month deferral period may be adequate to resolve this issue. If it is not, the contract provides for a six-month extension, if half the outstanding charges are paid by June 15, 2003. An interest rate of 9 percent is recommended. That rate is consistent with the interest on judgments for the payment of money and with the maximum interest rates that may be charged for commercial transactions that occur outside of financial institutions. If an extension is to be granted, an interest rate of 12 percent is proposed for the extension period. This consistent with maximum rates charged by other municipalities, and utilities related to similar and other loans. Security for the loan would be provided by the property, via a recorded lien. This matter has been developing quickly, and unfinished business remains to be addressed before a loan contract can be offered to Crown Two. Staff will need to 86 t f ....... ~ T Honorable Mayor !and City Council December 9, 2002 Page 3. review ownership information, records of encumbrances on the property, and the financial position of the Limited partnership, in addition to reaching agreement on the loan contract. This is the last opportunity to take this matter up with your Coupcil for the next month. Accordingly, your authorization to complete the negotiations with Crown Two, and to execute a loan contract is respectfully requested. It is anticipated that, with your authorization and completion of the loan contract, an occupancy permit can be granted during the week of December 9-13, 2002. ]CB 87 ,. t ,., ~ T ~ " ' ~. '~." ~ ,- -, -Ul : ". .f-.::~.- . '. WQ.Q!?B\L~N City of Woodburn, Oregon Parks and Recreation S stem Develo ment Char e LOAN CONTRACT In(~'I'arllleJ '889 Property Owner: Crown T~o Development, LLC Legal: Adjusted Tax Lot #200, T5S R2W, W.M., Marion County, OR Project Name: Evergreen Retirement Community Legal Description: Attached As Exhibit A Billing Address: 2089 Nonpareil Rd. Sutherlin, OR 97478 Building Permit #: B01-393 and BO-351 AUTHORITY 1. This contract is entered into between the City of Woodburn (City) and the undersigned, pursuant to the provisions of ORS Chapter 223 and the City of Woodburn Charter. 2. The undersigned person warrants that he is the authorized representative of the owner of the above- described property an~ has the authority to bind the property with the conditions contained in this contract. CONSIDERATION 1. This contract concern$ outstanding parks and recreation System Development Charges (SDCs) related to the Evergreen Retirennent Community (the Mdevelopment") approved by the City and developed by Crown Two Development, LLC, represented by Doug Dense, the undersigned. 2. The staff report for site plan review 01-03, variances 01-03 and 01-05 for the development included Exhibit F. That exhibit was a statement, dated May 4,2001, of the systems development charges (SDCs) estimated to be owed for the proposed development, totaling $197,752. Condition of approval No. 21 of the final land use decision stated: "All System Development Charges shall be paid at the time of building permit issuance in accordance with adopted ordinances." 3. On September 24, 2001, Doug Dense signed an Acceptance of Conditions form in which he agreed to all conditions of development approval. 4. Two building permits were issued for the proposed development. However, no Park SDCs were paid. There is a note on building permit B01-351 that states "parks fees to be paid before ocuppancie [sic]." The receipt for fees for building permit B01-393 states MParks fee will be taken at a later time." The development has been constructed and is ready for occupancy. 5. After the building permits for the development were issued the City increased its park SDC rates. The current total SDC for this development is $216,176 computed as follows: Multi-family Units 136 units x $1 ,508/dwelling unit = $205,088 Single-family Units 8 units x $1 ,386/dwelling unit = $ 11,088 6. This agreement is entered into to provide the City security, pursuant to the Bancroft Bonding Act, that developer will pay the SDCs it owes to City before City issues certificates of occupancy for the development. CITY OF WOODBURN. 270 Montgomery St. . Woodburn, OR 97071 88 ...., I 1 ~ ~ PROMISE TO PAY The undersigned promises to pay to the City the principal sum of $216,176, plus monthly interest on the unpaid balance from January 15, 2003 at the rate of nine percent (9%) per year no later than June 15, 2003. Interest shall be computed and compounded monthly on the unpaid balance. If at the end of this six-month payment period at least half of the amount has been paid, the City Administrator may extend this loan for a period of up to six months if he finds there is a need to extend this loan and it is in the interest of the City to do so. If an extension is granted the interest rate shall to 12%. No additional extension of this loan shall be made. ACKNOWLEDGMENTS AND WAIVERS 1. The undersigned ackr1lowledges its obligation for the parks and recreation SDC assessment and its amount as stated in this contract, and waives any right to contest the amount or the means of calculating the amount. 2. The undersigned acknowledges that this contract accurately describes the assessed property and understands that the amount owing shall be a lien against the described property, recorded in the Docket of City Liens and in Marion County records, which lien will be given first priority over any other liens and encumbrances. 3. In consideration and pursuant to these legal provisions, the undersigned expressly waives all irregularities and defects, jurisdictiQnal or otherwise, in the proceedings to assess this system development charge on the property describe~ herein including the right to contest the amount. BILLING AND PAYMENT The City will not bill you. Payments may be made at any time, either in lump sum or installments, so long as final payment is full is made no later than June 15, 2003, unless the City Administrator authorizes an extension. The entire unpaid balance plus acCrued interest may be paid off at any time without prepayment penalty. PENALTIES FOR NON-PAYMENT The City shall charge interest monthly on the past due principal balance, based on the loan interest rate. When payment is more than 30 days past due, penalties and collection charges will be added as provided by City Code. Beyond 60 days past due, the City may declare this contract in default. Upon default the City may require payment of the entire amount of delinquent installments, plus late interest, penalties, and collection charges. This loan is secured by a lien on the described property. The City lien may be assumed when the property is transferred, however, the City cannot subordinate the lien. Banks or financial institutions generally require full payment of this loan before closing a private mortgage or refinancing transaction. The City may enforce its property lien by foreclosing and selling the property to collect the outstanding loan balance and all related costs. PLEASE NOTE: ALL RECORDED OWNERS MUST SIGN. IF CONTRACT PURCHASER, PLEASE ATTACH CONTRACT OF SALE. Signed: Signed: On Behalf of: On Behalf of: Date: Date: Social Security #: Social Security #: Telephone Number: Billing Address: CITY OF WOODBURN. 270 Montgomery St. . Woodburn, OR 97071 89 , ~ ~ ~ IIH December 9, 2002 TO: FROM: SUBJECT: Honorable Mayor and City Council,. /l!5 John C. Brown, City AdministratorY'..... Inter overnmental A eement for Auditin Services Related to the west Franchise Recommendation; It is recommended that the City Council authorize the City Administrator to execute the attached Intergovernmental Agreement related to Telecommunications Financial Review Services. Background: Last year, several Oregon cities determined to audit the utility providers operating under franchise in those cities. An audit regimen was agreed upon, as were a tentative list of franchisee's to be audited and cost sharing formula between the cities. Audits analyze fee payments, focusing on the gross fees and customer data bases used to calculate franchise fees and utility, license, or other fees paid to cities by the respective franchisees. The first franchisee selected for audit was Portland Gas and Electric, as their records were readily accessible and the company was cooperative. Woodburn joined the audit, and received approximately $140,000 in franchise revenues owed to it. $130,000 was appropriated in the 2002-03 budget. The remaining $10,000 was retained in fund balance, for use in W oodbum' s share of an audit to be performed in 2002-03. Discussion: The cities have decided to audit Qwest in 2002-03. The audit will be performed using a consultant retained through a personal services contract with the City of Hillsboro. The audit will be managed, and administrative decisions made, by the Cities of Portland and Hillsboro. Cities participating in the audit will do so via intergovernmental agreement, and shall be subject to a share of the cost of the audit. Woodburn's estimated share of costs is approximately $6,000. It is anticipated that this audit of Qwest will net results similar to those from PGE's, and that Woodburn will most likely receive unpaid fees in excess of its investment in the audit. For these reasons, your authorization to participate in the audit is respectfully recommended. JCB 90 ...... I ,." ,...., INTERGOVERNMENTAL AGREEMENT This Intergovernmental Agreement ("Agreement") is entered into no later than December 20, 2002 ("Effective Date") between all of the municipalities listed in Exhibit A. Each of the municipalities listed in Exhibit A may be referred to individually herein as a "Party" and collectively as the "Parties". Recitals A. The incumbent local exchange company(s) ("Franchisee"), which is the subject of this "Telecommunications Financial Review Services" for the City of Woodburn is Qwes t B. The Parties desire to hire a consultant ("Consultant") to review and analyze revenues reGeived from incumbent local exchange carriers as compensation for the right~ and privileges to operate in the public right-of-way. The specific incumbent local exchange carriers, and the mechanisms under which these payments are made, may vary as between the Parties, however, the revenue base is uniform throughout and consistent with state statute. C. There~re savings available to the Parties by. aggregating the review and analysis; retaining a'Consultant to assist them in such review and jointly providing funds to pay such Consultant. D. This Agreement is made under the provisions of Oregon Revised Statutes (ORS) 190.003 to 190.030. ORS 190.010 authorizes municipalities to enter into intergovernmental agreements for the perfonnance of any or all functions and activities that a Party to this agreement has the authority to perfonn. Agreement The Parties agree to the following: 1. The Parties desire to retain a Consultant to work with the Parties in reviewing and analyzing franchise fees paid by Franchisee to the Parties, including but not limited to an evaluation of gross revenue calculations, and developing procedures to be used by member Parties in comparing customer database lists received from Franchisee with internal databases ("Consultant Services"). In perfonning the services, the Consultant shall analyze franchise, utility license, pennit or other fees paid to the Parties by Franchisee, pursuant to the Parties' respective telecommunications franchises, penn its or licenses, for up to ten (10) calendar years. In addition, the Consultant shall obtain Franchisee customer lists to assist the Parties in the database comparison portion of the Consultant Services. Page 1 of 4 C:\OOCUME-1\cfmbh\LOCALS-HTemp\OMARC lGA Final.doc 11/21/02 2:43 PM 91 ,. I '-. ,......,. 'f" 2. The Parties hereby delegate authority to the City of Hillsboro to enter into a personal services contract with the Consultant on behalf of all of the Parties. The Parties acknowledge and agree that the City of Hillsboro's standard personal services contract will be used for the procurement of the Consultant Services. The Parties ffurther delegate to the City of Portland and the City of Hillsboro ("Joint Lead Agencies") and the City of Hillsboro ("Managing Agency") the authority to make administrative decisions on behalf of the Parties. The Joint Lead Agencies and the Managing Agency shall make reasonable efforts to keep the Parties informed of any decisions made on behalf of the Parties. 3. Each Party shall share in the cost of paying the Consultant to perform the work as outlined in the RFP. 4. The amount in Exhibit A labeled Total Contract Cost for the Consultant Services may only be modified through separate written agreement signed by authorized representatives for each of the Parties to this Agreement. 5. The percentage used in Exhibit A to determine the amount of the Consultant contract that is considered fixed may only be modified through separate written agreement. signed by authorized representatives for each of the Parties to this Agreement. 6. Each Party shall be responsible for paying a share of the Fixed Costs relating to the Consultant Services, as shown in Exhibit A. The Fixed Cost allocation is non-refundable in the event a Party should withdraw from this Agreement. 7. Each Party shall be responsible for paying a share of the Variable Costs, defined as the Total Cost of the Consultant Services less t.he Fixed Costs, which shall be apportioned as shown in Exhibit A. 8. Each Party shall remit its share of the Fixed Cost to the Managing Agency within thirty (30) days after executing this Agreement. Upon finalization of the cost allocation for the Consultant Services, each Party shall remit any remaining unpaid share of the total Fixed Cost to the Managing Agency. The City of Hillsboro shall prepare and submit invoices to each Party immediately after the Agreement is executed and the cost allocation is finalized. 9. The Managil)g Agency shall prepare and submit Variable Cost invoices to each Party as soon as reasonably possible. The Managing Agency will include, with each invoice, all back-up information reasonably related to the invoice. Each Party shall pay its pro-rata share of the Variable Costs within thirty (30) days of the date of the invoice. Page 2 of 4 C:\DOCUME-1\cfmbh\lOCAlS-1\Temp\OMARC IGA Final.doc 11/21/02 2:43 PM 92 . . 1 I ~ ~ ,...., r 10. The Parties acknowledge and agree that in the event a Party withdraws from this Agreement, Exhibit A, shall automatically be updated and revised to reapportion the Variable Cost among the remaining Parties. 11. Any Party may terminate their participation in this Agreement so long as the terminating Party meet all of the following requirements (a) the termlnating Party must provide seven (7) days prior written notice to both the Managing Agency and the Joint Lead Agencies; (b) such notice must actually be received by both the Managing Agency and the Joint Lead Agencies prior to the inception of any Variable Costs; and (c) the terminating Party must submit full payment to the Managing Agency of any Fixed Costs owed to date by the terminating Party. 12. This Agreement shall terminate upon the earlier of five (5) years from the Effective Date or until completion of ~he Franchisee Telecommunications Financial Review. This Agreement may be terminated earlier upon mutual written consent of the majority of the Parties. 15. The parties shall comply with all applicable laws and regulations regarding the handling and expenditur~ of public funds. This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon, even if Oregon's choice of law rules otherwise would require application of the law of a different jurisdiction. 16. Time is of the essence in the performance of this Agreement. 17. This Agreement is for the benefit of the Parties only. Each Party agrees to indemnify and hold harmless each other Party and its officers, officials, employees, agents and volunteers, from and against all claims, demands and causes of actions and suits of any kind or nature for personal injury, death or damage to property on account of or rising out of services performed, the omission of services or in any way resulting from the negligent or wrongful acts or omissions of the indemnifying Party and its officers, officials, employees, agents and volunteers. In addition, each Party shall be solely responsible for any contract claims, delay damages or similar items arising from or caused by the action or inaction of that Party under this Agreement. 18. No waiver, consent, modification or change of terms of this Agreement shall be binding unless in writing and signed by authorized representatives for each of the Parties. 19.Any Party may institute legal action to enforce any covenant or agreement herein, or to enjoin any threatened or attempted violation of this Agreement. All legal actions shall be initiated in Washington County Circuit Court. The Parties. by signature below of their authorized representatives, consent to the in personam jurisdiction of that court. Page 3 of 4 C:\OOCUME-1\cfmbh\LOCALS-1\Temp\OMARC IGA Final.doc 11/21/02 2:43 PM 93 '" t ,w ~ 20. Performance by any Party shall not be in default where delays or default is due to war, inSurrection, strikes, walkouts, riots, floods, drought, earthquakes, fires, casualties, acts of God, governmental restrictions imposed or mandated by governmental entities other than the Parties, enactment of conflicting state or federal laws or regulations, new or supplementary environm.ental regulation, litigation or similar bases for excused performance that are not within the reasonable control of the Party to be excused. 21.lf anyone or more of the provisions contained in this Agreement is invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected or impaired In any way. 22. This Agreement is the entire agreement of the Parties on its subject and supersedes any prior discussions or agreements, oral or written, regarding the same subject. 23. This Agreement may be executed in any number of counterparts by anyone or more of the Parties hereto, and all of these counterparts will be one Agreement. To facilitate execution of this Agreement, the Parties may exec~te by facsimile transmission the counterparts of the signature pages. Signature Section for Intergovernmental Agreement for Consultant Telecommunication Financial Review Services: Name: By: Date: Franchisee subject to Telecommunication Financial Review Services: Owest Verizon Both - Owest and Verizon Page 4 of 4 C:\DOCUME-1\cfmbhILOCALS-1ITempIOMARC IGA Final.doc 11/21/02 2:43 PM 94 I f r. ~ ,...., III MEMO TO: City Council through City Administrator Public Works Program Manager 4 /1'1------- Alternative Traffic Impact Fee Rate Calculation for SafeWay~ FROM: SUBJECT: DATE: December 5, 2002 RECOMMENDATION: Reject the alternative Traffic Impact Fee rate submitted for Safeway. BACKGROUND: Ordinance 2248 allows applicants the opportunity to submit an alternative rate calculation for system development charges. Safeway was issued a building permit on April 9, 2002 and at that time paid a Traffic Impact Fee (TIF) of $856,184.18. Safeway representatives at that time indicated that they may submit an alternative rate review. The attached alternative rate review was received from Kittelson and Associates, Inc. representing Safeway on August 22, 2002 that proposed the Safeway TIF should be $476,533.15. The rate request provided data for a revised fee based primarily on revisions in the pass by trip percentages and application of an internal trip calculation. Staff requested that Don Ganer review the input and comment. His analysis and recommendations are attached. Staff concurs with the recommendations in the review and derived a similar conclusion from an independent review of the ITE Trip Generation Manual, the Trip Generation Handbook and the alternative rate request. Staff provided the applicant the attached review of the requested rate adjustment on November 5.2002. The applicant has provided no clarifying or additional information regarding the request. The applicant was notified of the intent to recommend that the alternative rate request be rejected. Staff recommends that the alternative Traffic Impact Fee rate request submitted by Safeway be rejected. 95 I ". ~ Uon Ganer & Associates, Inc. PO Box 91491 Portland. Oregon 97291 Phone: (503) 690-8981 Fax: (503) 531-9262 email: DGaner@GanerAssociates.com October 16, 2002 Randy Rohman Woodburn Public Works 190 Garfield St. Woodburn, OR 97071 RE: Safeway Traffic Impact Fee Review - Woodburn, Oregon Dear Randy: As you requested, I have r~viewed the report prepared by Kittelson & Associates, Inc., (same subject) dated August 22, 2002. While the report does not so state, it is assumed that the report was submitted as an Alternative Rate Calculation as is authorized by Section 3(D) of the City's Transportation Impact Fee Ordinance. The requirements outlined in the ordinance are as follows: (D) Alternative Rate Calculation. Applicants may submit alternative rates for system development charges, subject to the following conditions: (I) In the event an applicant believes that the impact on City capital improvements resulting from a development is less than the fee established in Section (3)(B), the applicant may submit alternative system development charge rate calculations, accompanied by the alternative rate review fee established by resolution for this purpose, to the City Administrator. The City may hire a consultant to review the alternative system development charge rate calculations, and may pay the consulting fees from system development charges revenues. (2) The alternative system development charge rate calculations shall be based on data, information and assumptions contained in this ordinance and the adopted system development charges study or an independent source, provided that the independent source is a local study supported by a data base adequate for the conclusions contained in such study performed pursuant to a generally accepted methodology and based upon generally accepted standard sources of information relating to facilities planning, cost analysis and demographics. Public Sector Management and Technical Consulting Services 96 f ....~ .,..... T Mr. Randy Rohman October 16, 2002 page 2 The alternate rate calculation prepared by Kittelson & Associates does not include a "local study" as is required by the City's ordinance. The alternate rate calculation is based on revising the number of "net new person-trips" using pass-by and diverted linked trip information and internal trip calculations included in the Institute of Transportation Engineers (ITE) Trip Generation Handbook (Handbook). Pass-by and Diverted Linked Trips The alternate rate calculation includes a statement that "...34% of the trips on the road are new trips, as opposed to the 48% new trips used in the tabulated TlF rates." The Kittelson report does not include a calculation for the 34% figure. The Handbook includes an average pass-by trip percentage of 36% for Supermarket (ITE Land Use 850), resulting in a new trip rate of 64%. The average pass-by trip percentage of 52% for Supermarket in the tabulated TlF rates was calculated using data from ITE Trip Generation, 5th Edition (1991), resulting in a new trip rate of 48%. Neither of these calculations includes an allowance for diverted linked trips. The Handbook includes diverted linked trip data gathered from specific traffic surveys, but it does not include average percentages for diverted linked trips and recommends that "...diverted linked trips should be treated similarly to primary trips..." (Chapter 5.3, page 31). The City's TIF methodology followed this recommended practice by providing calculations to remove pass-by trips, while treating diverted linked trips the same as primary trips. Recent transportation SDC methodologies developed for Clackamas County (Don Ganer & Associates, 200 I), and for the cities of Lake Oswego (Kittelson & Associates, 1998) and Portland (Henderson, Young & Company, 1997) also include allowances for pass-by trips, but not for diverted linked trips. Internal Trip Calculation Internal trip calculations are appropriate for multi-use developments only. The Safeway store is a 57,860 square foot free-standing Supermarket (lTE Land Use 850) as described in ITE Trip Generation, 6th Edition (page 1519). Existing development on the site consists of 69,860 square feet plus 16 fueling stations, all of which is commercial/retail in nature. At full build-out in the future, the site is planned for no more than 77,000 square feet, all of commercial/retail use. The Handbook describes multi-use developments as "...ranging in size from 100,000 square feet to 2 million square feet." (Chapter 7.2, page 79) The Handbook also indicates that if a "...shopping center is planned to have out-parcel development of a significantly different land use classification or a very large percentage of overall GLA, the site could be considered a multi-use development for the purpose of estimating site trip generation." (Chapter 7.3, page 80) 97 ,...... T Mr. Randy Rolunan October 16,2002 page 3 Based on the Handbook's description, the Safeway development does not meet the minimum size threshold for a multi-use development and does not include significantly different land use classifications (i.e., retail, office, residential, etc.). Since the Safeway development cannot be considered a multi-use development, the internal trip calculation is not appropriate. Conclusion The alternate rate calculation should not be accepted because: . It does not inclllde a "local study" as is required by the City's ordinance. The proposed iIlew trip rate (34%) is not supported by calculations. The Woodburn TIF methodology treats diverted linked'trips in a manner similar to primary trips, which is in aCC<)rdance with ITE Trip Generation Handbook guidance and is consistent with other TIF methodology studies. The proposed internal trip calculation is not appropriate because the Safeway development is not a multi-use development as defined in the ITE Trip Generation Handbook. . . Please let me know if you have questions or need any additional information. Sincerely, {fe:t-- 98 I T" ~ '-' r KJ KITTELSON & ASSOCIATES, INC. TRANSPORTATION PLANNINGITRAFFIC ENGINEERING 610 SW ALDER, SUITE 700 . PORTLAND, OR 97205 . (503) 228-5230 . FAX (503) 273-8169 August 22, 2002 Project #: 5336 Randy Rohman City of Woodburn Public Works Depal1ment 190 Garfield Street Woodburn, OR 97071 RE: Safeway Traffic Impact Fee Review - Woodburn, Oregon Dear Ivlr. Rohman, This letter is in response to the Transportation Impact Fee (TIF) to be assessed to the proposed Safeway Store located in the southeast quadrant of the Highway 99FJHighway 211 intersection in Woodburn, Oregon. Safeway Stores, Inc. has requested Kittelson & Associates, Inc. to evaluate the traffic impact fee (TIF). The purpose of a Transportation Impact Fee (TIF) ordinance is to obtain revenue for improvements to the surrounding transportation system. The TIF a development pays is in relation to the impact it will have on the surrounding roadways. The TIF for a proposed development should take into account the true number of new trips that a development will generate and the proportionate impact it will have. Based on the City of Woodburn's Traffic Impact Fee Methodology Update (reference 1), which describes the City's methodology for assessing TIF's, and the latest land use data available, we believe the TIF assessed to the Safeway Store should be $476,533.15. The remainder of this letter documents our findings. We examine the TIF calculated from tabulated values used by the City for stand-alone developments and an alternate calculation considering the Safeway Store as part of a larger development and using more recently published trip generation infOlmation. TIF CALCULATED BY THE CITY'S TABULATED VALUES The City of Woodburn publishes a traffic impact fee schedule, updated annually, which is based on the TIF Methodology Update (reference 1). To more closely examine the assumptions of the tabulated TIF rate in the fee schedule, this letter presents the step-by-step calculation of the TIF using the assumptions used to reach the tabulated value. The formulas listed below are consistent in content and numbering with the formulas found in the City's TIF methodology. H:\projfile\5336\reports\5336 TIF review letterJev3.doc 99 I I ,.. ~ ,.....,. T Safeway TIF Review - Wooa'Pum, Oregon August 22, 2002 Project #: 5336 Page: 2 Formula 1: Cost Per New Person-Trip by Mode of Travel The overall TIP methodology splits trips between auto (93%), bicycle and pedestrian (5%) and transit trips (2%). Table 1 presents the cost per new person trip for each mode of travel as stated in the October 1999 TIP update. The update also presented a methodology for annual increases in the TIP based on increases in construction costs and real estate values in the City of Woodburn. Table 1 also presents an average cost per person trip derived from the current traffic impact schedule (Attachment "A"), which reflects increases in construction and real estate costs since the October 1999 document. Table 1 Cost Per New Person-Trip by Mode of Travel Mode of Travel Scenario Motor Vehicle (93%) $180.40 Pedestrianl Bicycle (5%) $437.54 Transit (2%) Average Cost Per Person-Trip O:::tober 1999 values ~308.45 $195.82 $208.08* Current values I '~! :. '!{.;'f/#-.~~......h""- *Value derived from the current traffic Impact fee schedule as of April 16, 2002 Formula 2: Net New Person-Trips Assumptions for TIF based on the tabulated value are listed below. · Safeway is categorized as a supermarket and will generate trips at the ITE Trip Generation 6th Edition (reference 2) average rate of 111.51 trips per thousand square feet of floor area per weekday. . There are 1.65 person trips per vehicle trip. · 48% of the trips are new trips on the system. The other 52% of trips consist of trips that were already on the road system and either passing by the site (pass-by trips) or diverting slightly from their original route in order to visit the site (diverted trips). · The proposed Safeway has a gross floor area of 57,860 square feet. · There are no internal trips between the grocery and other uses in the development. Based on the trip generation assumptions and the tabular values, the following calculations can be made. = (ITE Rate)*(person trips per vehicle trip)*(%New Trips)*(Building Area) 111.51 *1.65*0.48*57.86 5,110.0 person-trips Net New Trips = Formula 3: Length Adjusted Person-Trips The TIP methodology lists a trip length factor of 0.84, indicating that supermarket trips are roughly 84% as long as the average trip from a single-family residence. A review of the calculations in the TIP methodology indicated that the value as listed was rounded from 0.843636. In order to obtain results consistent with the TIP methodology, 0.843636 has been used as the trip factor for all calculations. Based on this assumption, the following calculations can be made. Kittelson & Associates, Inc. Portland, Oregon 100 , ~. ,....., f Safeway T1FReview- Woodpum, Oregon August 22, 2002 Project #: 5336 Page: 3 Note that most calculations show values that are rounded. However, unrounded values have been carried through all calculations. Length Adjusted Trips = = (Net New Person-Trips)*(Trip Length Factor) 5,110.0*0.843636 4,310.9 person-trips = Formula 4: Motor Vehiqle (MV) Cost This calculation assumes that 93% of all travel is via motor vehicles. Based on this assumption, the following calculation$ can be made. Motor Vehicle Cost = = (Length Adjusted Trips)*(% MV Trips)*(MV Cost per Trip) 4,310.9*0.93*$180.40 $723,255.95 = Formula 5: Pedestrlan/~icycle (PIB) Cost This calculation assumes that 5% of all travel is via pedestrian/bicyc1e facilities. Based on this assumption, the following calculations can be made. P/B Cost = (Length Adjusted Trips)*(% P/B Trips)*(P/B Cost per Trip) 4,310.9*0.05*$437.54 $94,310.55 = Formula 6: Transit Cost This calculation assumes that 2% of all travel is via transit facilities. Based on this assumption, the following calculations can be made. Transit Cost = (Length Adjusted Trips)*(% Transit Trips)*(Transit Cost per Trip) 4,310.9*0.02 *$308.45 $26,594.22 Formula 7: Transportation Impact Fee (TIF) The transportation impact fee for TIP rates as tabulated is calculated by adding the Motor Vehicle Cost, Pedestrian/Bicycle Cost and the Transit Cost. Tl F Cost = (Motor Vehicle Cost) + (Pedestrian/Bicycle Cost)+(Transit Cost) $723,255.95 +$94,31 0.55 +$26,594.22 $844,160.72 = = The TIP rate can be calculated by dividing the TIP fee by the square footage of the proposed development. The resulting rate is $14,589.71 per thousand square feet of floor area, which is consistent with the total TIP per unit of $14,590 per thousand feet of floor area listed in the October 1999 TIP schedule. Results The value for a traffic impact fee for a supermarket as published in the most recent table of values is $15,503 per T.S.F.G.F.A. (Thousand Square Feet Gross Floor Area). The proposed Safeway has a gross floor area of 57,860 square feet, resulting in a traffic impact fee of Kittelson & Associates, Inc. Portland, Oregon 101 1 I ~. ,...., r Safeway T1F Review - WOO<#>um, Oregon August 22, 2002 Project #: 5336 Page: 4 $897,003.58. This fee uses the methodology as shown above, with an inflation adjusted average trip cost of $208.08 rather than the $195.82 average trip cost that would be used under the October 1999 TIP schedule. From this point on, the $208.08 average trip cost will be used in calculations in order to produce current TIP fees. ALTERNATE CALCULATION WITH NEW DATA AND SITE SPECIFIC VALUES Upon review of the tabulated TIP methodology, it was found that two of the assumptions used in the TIP could be updated to reflect the most recent trip generation data and site-specific trip generation estimates. The changed assumptions and the updated calculations are listed below. Formula 1: Cost Per New Person-Trip by Mode of Travel The cost of new person-trip by mode of travel stayed unchanged and is listed in Table 1. This option will use the current cost per trip in all calculations. Formula 2: Net New Person-Trips Two of the assumptions listed used in the tabulated TIP rate were re-visited and are addressed below. . The tabulated TIP rate assumes that the supermarket is a stand-alone use. In this case, the supermarket is part of a larger development. As a result, some of the trips to and from the supermarket will not come from the roadway system, but from other uses in the development. Based on methodologies presented in the Institute of Transportation Engineers (ITE) Trip Generation Handbook (reference 3), it was determined that on a daily basis, 25% of the total trips at the door to the supermarket will be going to and from other uses within the development. The methodology behind this determination is explained in greater detail below. . The tabulated TIP rates use data from the 1991 ITE publication Trip Generation 5th Edition (reference 4) to determine the percentage of net new trips. The most recent ITE published pass-by and diverted rates can be found in the Trip Generation Handbook (reference 3). Based on the more recently published information, 34% of the trips on the road are new trips, as opposed to the 48% new trips used in the tabulated TIP rates. Internal Trip Calculation The ITE Trip Generation Handbook bases internal trip estimates on the maximum number of trips that one use can contribute to another use. For retail uses, it was found that on a daily basis, up to 30% of outbound trips from retail uses travel to another retail use in the same development, and up to 28% of inbound trips to retail have visited another retail use. To calculate the percentage of trips at the Safeway that will be internal to the overall retail development, Table 2 presents the demand for internal trips to and from Safeway for both Safeway and the other uses within the development. The uses and the majority of trip generation estimates shown in Table 2 are taken from Summary of Analysis - Woodburn Safeway Highway 99E/Highway 211 (reference 5). Kittelson & Associates, Inc. Portland, Oregon 102 _f ~. f Safeway TIFReview- Woodburn, Oregon August 22, 2002 Project #: 5336 Page: 5 As shown in Table 2, the number of internal trips is controlled by the non-Safeway uses. That is, the potential for internal trips to and from the other uses in the development is less than the supply of potential internal trips from Safeway. It is estimated that a total of 1,612 daily trips to and from Safeway will be internal to the development, which is 25% of the total trips generated by Safeway. The Trip Generation Handbook indicates that internal trip factors are to be applied prior to any reductions for pass-by or diverted trips are taken. Table 2 Internal Trip Calculation ITS Daily Maximum Average Daily Internal Trips Use Code Size Trips To Safeway From Safeway Non-Safeway Potential Internal Trips Fast Food 834 2,120 sf 1,050 158 147 Specialty Retail 814 7,800 sf 315 47 44 Drive-through Bank 912 4,600 sf 1,190 178 167 Gas Station 844 10 pumps 1,685 252 235 Video Store 896 4,200 sf 1,325* 199 185 Total Non-Sateway Potential Internal Trips 834 778 Sateway Potential Internal Trips Safeway 850 57,860 sf 6,452 903 968 Internal Trips (non-Safeway trips control) 834 778 *lTe does not list a daily rate. The rate used is from the TIF update (reference 1). Note: This table assumes a 50/50 split between daily entering and exiting vehicles. Based on the revised assumptions, the following calculations can be made. = (IrE Rate) *(1-%lntemal)*(Person TripsNeh Trip)*(%New Trips)*(Bldg Area) 111.51 *( 1-0.25)*1.65*0.34 *57.86 2,714.7 trips Net New Trips = Formula 3: Length Adjusted Person-Trips Assumptions for this calculation stayed unchanged, and the revised calculations are listed below. Length Adjusted Trips = (Net New Person-Trips)*(Trip Length Factor) 2,714.7*0.843636 2,290.2 trips Formulas 4 though 7: Mode-by-Mode Costs and TIF The assumptions for these calculations stayed unchanged. For purposes of simplicity, the following calculation, which is equivalent to Formulas four through seven, is shown. Note that the average trip cost used is for current TIF values. Kittelson & AssocIates, Inc. Portland, Oregon 103 I ~. ~ T Safeway TIF Review - WoodPum, Oregon August 22, 2002 Project #: 5336 Page: 6 TIF Cost = (Length Adjusted Trips)*(Average Trip Cost for all Modes) 2,290.2*$208.08 $476,533.15 = = Results Based on deducting for internal trips, the most recent published ITE net new trip data and the trip cost from the most recent TIP schedule, the TIF contribution will be $467,533.15, which is approximately 56% of the tabulated value methodology. CONCLUSIONS Based on the analysis presented in this letter, we recommend that TIP for the proposed Woodburn Safeway be $476,533.15. We request that the City of Woodburn review our recommended TIP calculations, contact us if you have any questions/comments, and then supply a written response regarding the City's final TIP calculation. Again, the purpose of a Transportation Impact Fee (TIP) ordinance is to obtain revenue for improvements to the surrounding transportation system. The TIP a development pays is in relation to the impact it will have on the surrounding roadways. The TIP for a proposed development should take into account the true number of new trips that a development will generate and the proportionate impact it will have. We trust that the information set forth in this letter adequately explains the recommended revisions to the Woodburn Safeway TIP and the methodology that was used to derive those revisions. Should you have any questions or comments with regard to this information, please feel free to contact us. l!~:~~~L t Transportation ~~t References 1. Don Ganer & Associates. City of Woodburn Transportation Impact Fee (TlF) Update: Methodology Report and Rate Study. October 1999. 2. Institute of Transportation Engineers. ITE Trip Generation Manual, Sixth Edition. 1997. 3. Institute of Transportation Engineers. Trip Generation Handbook. 1998. 4. Institute of Transportation Engineers. ITE Trip Generation Manual, Fifth Edition. 1991. 5. Kittelson & Associates, Inc. Summary of Analysis - Woodburn Safeway Highway 99E/Highway 211. 2001 Attachments A. Traffic Impact Fee Schedule current as of April 16,2002 (N.O r IN CL-JDEri) Kittelson & AssocIates, Inc. Portland, Oregon 104 I I ~. ,...., IIJ December 9,2002 TO: FROM: SUBJECT: Honorable Mayor and City Council JrC,/O John C. Brown, City Administrator<:.)- Canc~llation of December 23, 2002 Meeting Recommendation: It is recommended the City Council cancel its December 23, 2002 meeting. Background: Pursuant to City Charter, the City Council is required to meet regularly, at least once a month. The Council usually meets twice monthly to conduct City business. The Council occasionally holds additional meetings due to pressing business, or cancels a meeting due to holiday schedules or lack of business. Discussion: The Council has routinely canceled its second meeting in December because of that meeting's proximity to the Christmas Holiday, and because far fewer business transactions are typically necessary during the latter half of December. Accordingly, it is recommended your Council cancel the December 23, 2002 meeting. ICB 105 I . ~ ~ 14A CITY OF WOODBURN Community Development MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5246 Date: December 9,2002 From: Honora~le Mayor and City Council through City Administrator , Jim Mul~er, Director of Community Development' )1'1 To: Subject: Community Development Director's Action on Residential Architectural Standard Substitution 02-02. On December 5, 2002, the Community Development Director approved an application to allow alternate architectural elements to substitute for one required architectural standard. This decision is final unless appealed or the City Council calls this decision up for review. Applicant & Property Owner: Don Comstock 12020 SW 118th Street Tigard, OR 97223 NATURE OF APPLICATION: The applicant requests approval to allow two alternate architectural elements to substitute for not meeting one residential architectural standard. The affected standard requires 25 year architectural style roofing. The two alternate architectural elements that the applicant proposes to substitute for not meeting the one residential architectural standard that requires 25 year architectural style roofing are described as follows: 1. A minimum 4:12 roof pitch of a home is required in Section 3.107.03.8.1.a. of the WDO. The applicant is proposing to exceed this standard by providing a roof pitch of 8:12. 2. A minimum porch area of 48 square feet is required in Section 3.107.03.E.2.a. The applicant is proposing a 95 square foot porch which exceeds this standard. RELEVANT FACTS: The subject site is located at 1084 Comstock Way in the Meadowwood Subdivision, further identified on Marion County Assessor maps as Township 5 South, Range 1 West, Section 18CA, Tax Lot 15100, lot 47. The subject property is zoned Single-Family Residential (RS). Existing single family dwellings are located to the north, south, west and east (across Comstock Way) of the 1 106 I .,.,. ...... .... subject site. Site-built homes are subject to the design standards in Section 3.107.03 of the WOO. If these design standards are not met, then the applicant is required to apply for and receive approval for a residential architectural standard substitution. The standard the applicant is proposing to substitute on the home is the roof material. Composition roofing is proposed, and the design standard in the WOO requires 25 year architectural style composition roofing. The applicant proposes to provide 3-tab composition roofing which does not meet this design standard. The remaining design standards required in the WOO for a site-built home in the RS zone are satisfied. 2 107 , .... ~ r~