Agenda - 01/26/2004 WOODBURN CITY COUNCIL
AGENDA
JANUARY 26, 2004 - 7:00 P.M.
e
CALL TO ORDER AND FLAG SALUTE
ROLL CALL
ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
A. There will be a mid-year budget review on January 31,2004 at
9:00 a.m. in the Council Chambers.
B. Special Election, February 3, 2004: Woodburn City Hall is a
designated Marion County ballot drop site during regular
business hours, and until 8:00 p.m. on election day.
C. There will be a Public Hearing on February 23, 2004 on the Sign
Ordinance.
D. There will be a Public Hearing on February 23, 2004 on the
Boones Ferry LID.
E. The Woodburn Public Library Board has openings. Apply at the
Mayor's Office.
Appointments:
F. Library Board Appointment
PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
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a[ (5o3) 98o-:2-485."
January2~ 2004
Council Agenda Page i
Presentations:
A. Certificates of Accomplishment presented to Eagle Scouts
Adam Hassell, Brock Nelson, Kyle Pippert, and Stephen Pister.
Ben Gillespie, Finance Director, and Brad Bingenheimer from
Boldt, Carlise, and Smith (Auditors) will discuss the financial
statement and the audit report prepared under GASB 34.
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e
COMMITTEE REPORTS
A. Chamber of Commerce
B. Woodburn Downtown Association
COMMUNICATIONS
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None.
BUSINESS FROM THE PUBLIC (This allows the public to introduce items
for Council consideration not already scheduled on the agenda.)
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.
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Woodburn City Council minutes of January 12, 2004, regular
and executive sessions
Recommended Action: Approve the Woodburn City Council
minutes.
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Woodburn Public Library Board minutes of December 10, 2003
Recommended Action: Accept the Woodburn Public Library
Board minutes.
C. Woodburn Public Library Monthly Report for December 2003
Recommended Action: Accept the report.
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Audit Report
Recommended Action: Accept the report.
Police Department Statistics - January through November 2003
Recommended Action: Accept the report.
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9. TABLED BUSINESS
None.
January26, 2004
Council Agenda
Page
10. GENERAL BUSINESS
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Council Bill No. 2494 - Ordinance annexing into the City of
Woodburn 1.15 acres of property located north of Aztec Drive
and east of North Pacific Highway at 600 and 610 North Pacific
Highway; and granting a zone change from Marion County CR
(Commercial Retail) zone to City of Woodburn CG
(Commercial General) zone
Recommended Action: Adopt the ordinance.
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Council Bill No. 2495 - Ordinance prohibiting public place
parking in a portion of the downtown area to prevent
interference with operation of the 2004 February 14th
Celebration, providing for civil enforcement, and declaring an
emergency
Recommended Action: Adopt the ordinance.
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Council Bill No. 2496 - Resolution entering into an agreement
with NetAssets Corporation for the purpose of providing on-line
lien searches and authorizing the City Administrator to sign said
agreement
Recommended Action: Adopt the resolution.
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Council Bill No. 2497 - Resolution of Intent to Improve Boones
Ferry Road from State Highway 214 to Goose Creek, adopt the
Local Improvement District, adopt the Method of Assessment,
establish a public hearing date and direct the City Recorder to
give notice
Recommended Action: Adopt the resolution.
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FY 2002 Local Law Enforcement Block Grant Funds
Recommended Action: Approve acceptance of grant funds
in the amount of $7,793.
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11. PUBLIC HEARINGS
None.
12. PUBLIC COMMENT
13. NEW BUSINESS
January 26, 2004 Council Agenda Page iii
14.
15.
16.
17.
18.
PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These
are Planning Commission or Administrative Land Use actions that
may be called up by the City Council.
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Community Development Director's Approval of Zoning
Adjustment 03-05 (1303 Umpqua Road)
CITY ADMINISTRATOR'S REPORT
MAYOR AND COUNCIL REPORTS
EXECUTIVE SESSION
Ao
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).
To consider records that are exempt by law from public
inspection pursuant to ORS 192.660 (1) (f).
To conduct deliberations with persons designated by the
governing body to negotiate real property transaction
pursuant to ORS 192.660(1 ) (e).
ADJOURNMENT
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January26, 2004
Council Agenda
Page iv
WOODBURN
3F
January 26, 2004
TO:
FROM:
SUBJECT:
City Council
Kathy Figley, Mayor
Library Board Appointment
The following appointment is made to the Library Board, subject to the approval
of the Council. Please forward any adverse comments to me prior to Council
Meeting Monday, January 26, 2004. No reply is required if you approve of my
decisions.
Position IV - Neal Hawes - appointment, term.ends 12/31/07
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COUNCIL MEETING MINUTES
JANUARY 12, 2004
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0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, JANUARY 12, 2004.
CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding.
055 ROLL CALL.
Mayor Figley Present
Councilor Bj elland Present
Councilor Cox Absent
Councilor McCallum Present
Councilor Nichols Present
Councilor Sifuentez Present
Councilor Veliz Present
Staff Present: City Administrator Brown, City Attorney Shields, Public Works Manager
Rohrnan, Community Development Director Mulder, Parks & Recreation Director
Westrick, Senior Planner Zwerdling, Senior CE Technician Scott, City Recorder Tennant
Mayor Figley stated that Councilor Cox had mentioned at the last meeting that he would
be out of town for this meeting.
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ANNOUNCEMENTS.
A) City Hall and the Library will be closed January 19, 2004 in observance of the
Martin Luther King holiday. The Aquatic Center will be open.
B) Transportation System Plan Open House will be held on Tuesday, January 20,
2004, in the City Hall Council Chambers between 4:00 p.m. and 7:00 p.m..
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APPOINTMENTS.
Mayor Figley appointed the following individuals to City Boards and Commissions:
Budget Committee: Stanley Milne (reappointment) and Flurry Stone (reappointment) -
terms to expire December 31, 2006
Planning Commission: David Vancil (reappointment) and Frank Lonergan
(reappointment) - terms to expire on December 31, 2007
Recreation and Parks Board: Phillip Lagao (reappointment), Rosetta Wangerin
(reappointment), and Ann Meyer (reappointment) - terms to expire on December 31,
2006.
Mayor Figley stated that there are some additional appointments to be made, however,
she will be talking to potential candidates and making appointments at a later date.
NICHOLS/MCCALLUM .... approve the Mayor's appointments as presented. The
motion passed unanimously.
Page 1 - Council Meeting Minutes, January 12, 2004
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JANUARY 12, 2004
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CHAMBER OF COMMERCE REPORT.
Patrick Vance, representing the Chamber Board, stated that 2003 was a successful year
for the Chamber and he provided the Council with information on upcoming Chamber
events:
1) Greeter's Program will be meeting from 7:30 am to 9:00 am on the following days:
January 16, 2004 at Cascade Park Retirement Center; January 23, 2004 at Yes Graphics;
and on January 30, 2004 at the Tukwila Center for Health and Medicine. The January
30th program will be the Relay for Life organizing meeting for this year's summer event.
2) Business after Hours will be Thursday, January 15th, from 5:00 pm until 6:30 pm at
Signworks of Oregon located at Woodbum Crossing.
3) The Chamber's Annual Dinner will be held on January 16th at Tukwila's Orchards
Grille.
He also introduced Katie Windsor, a Woodburn High School senior participating in the
Youth Leadership program, who gave a short presentation on this program.
Ms. Windsor reviewed the nomination procedure used to determine which youth are
selected to participate in the program. She stated that this program is designed to help
youth learn how to be a great leader in their community. The group meets monthly for
one full day to learn from community and business leaders. This program provides the
participating youth with an opportunity to be adventurous in their own community and to
leam how leadership works within their community. On behalf of the Youth Leadership
members, she thanked the Council for their support of this program.
Mayor Figley also thanked the Chamber for their involvement in this educational
program.
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LETTER FROM MID-WILLAMETTE VALLEY COUNCIL OF
GOVERNMENTS (COG).
Mayor Figley stated that their annual meeting will he held on January 28, 2004 beginning
at 6:00 p.m. at the Northwest Viticulture Center in Salem.
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LETTER FROM JOHANNA SOLORIO.
Mayor Figley stated that a letter of apology had been received from Johanna Solorio who
had been involved in a graffiti incident within the City and the Judge had ordered the
apology letter as part of her sentence.
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Richard Jennings, 595 Filbert St., thanked the Mayor and Councilors for their service to
our community and their ability to make decisions that are in the best interest of our
citizens while still following federal, state, and local laws. He cited the following
decisions as examples of the Council's commendable work: 1) land use action on
property proposed to be developed near the I-5 interchange; 2) retaining cedar trees on
east side of Settlemier Avenue near the Highway 214/Settlemier/Boones Ferry Road
intersection improvement project; 3) completion of Phase I Boones Ferry Road
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improvement; 4) good judgement involving the fence issue in Senior Estates; 5)
completion of the Skate Park; and 6) Council review and modifications to the Park
Master Plan. He also mentioned that he was glad to see that the Council will soon be
addressing changes to the Sign ordinance. Mr. Jennings also addressed each Councilor,
the Mayor, and staff on their contributions to our City over the years and willingness to
make the extra effort to get the work done and improve the livability of our citizens.
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Sig Friedman, 1000 Friends of Oregon, 189 Liberty St NE, Salem, stated that the Council
had been provided correspondence between his organization, the City Administrator, and
the City's consultant Greg Winterrowd regarding Mr. Winterrowd's apparent conflict in
interest in recommendations he has made to the City on the City's Urban Growth
Boundary. His group has reviewed Mr. Winterrowd's response to the City and they find
the response to be misleading. He stated that Mr. Winterrowd acknowledges receipt of
payments from OPUS Development which is directly related to the parcel they own west
of the freeway while under contract to the City to advise them of Urban Growth Boundary
expansion issues. He feels that the report recommendations inflate the overall need for
land and it is done in a manner that directly benefits OPUS Development. Additionally,
he stated that Mr. Winterrowd's letter acknowledges that OPUS Development paid for his
presence at meetings with Marion County and other agencies where he argued for
inclusion of OPUS Development property within the urban growth boundary. Since the
City has not made any decisions on the proposed urban growth boundary expansion, it
was his opinion that Mr. Winterrowd had no business in appearing before the County or
State or any other agency to advocate a particular position on the urban growth boundary
while under contract with the City. He stated that the City consultant prior to Mr.
Winterrowd concluded that no expansion of the urban growth boundary was needed in the
foreseeable future and proposals to include large amounts of farm land in the urban
growth boundary for industrial purposes were unrealistic. He also stated that Mr.
Winterrowd's report identified scenarios which accommodate the inflated land need he
projects with smaller expansion than what he recommends to the City. His organization
believes that this conflict of interest seriously comprises the integrity of the public
process and is unacceptable.
Mayor Figley stated that the previous consulting work was done by McKeever & Morris
and she questioned if Mr. Morris was still a Board member on 1000 Friends of Oregon.
Mr. Friedman stated that Mr. Morris is a Board member and he believed that Mr. Morris
was on the Board at the time his finn did the consulting work for the City.
Mayor Figley stated that the City will have more than one public heating on the proposed
urban growth boundary expansion and she encouraged public participation in this
process. She also stated that Mr. Winterrowd was not in attendance at this meeting to
present his side of the story, but, regardless of the outcome of this process, the Council is
committed to trying to base their decisions on the basis of facts, logic, and their own
judgement on our community values. There will be points of views expressed involving
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both sides of the expansion issue and it is hoped that facts will be addressed rather than
personalities.
Mr. Friedman stated that he also hoped that the facts will be addressed, however, conflict
of interest is a serious matter that both the Council and staff need to recognize.
Lolitta Carl, local farmer, stated that their farm area includes both Woodbum and
Hubbard addresses. She is seriously concemed about the impartiality of having a
consultant who is being paid by a landowner who wants their land included in the City's
urban growth boundary. Since Marion County's major industry is agriculture, the
Council needs to realize that surrounding farmers are big supporters of Woodbum and, as
a local farmer, she is very concerned that the farmers are not being listened to by local
government. She suggested that vacant land within the City be built upon before the
urban growth boundary is expanded.
Carla Michaelson, 17244 Arbor Grove NE, Woodbum, stated that her family owns
property in Woodburn and they also have farm outside of Woodbum. She spoke on
behalf of a group called Friends and Neighbors of Woodbum and shared their hope that
they will be able to work with the Planning Commission and Council in a positive way as
the urban growth expansion process moves forward. She is very concerned with the
conflict of interest issue surrounding the City's consultant. She did not feel that Mr.
Winterrowd's response was compelling or convincing and she hoped that the Council
would carefully consider his report since his findings and recommendations may be
questionable. She agreed with comments made earlier by Mr. Jennings and felt that the
Council has been doing a lot of good for the City and she has confidence that the Friends
and Neighbors of Woodbum will be able to work well with the City on the urban growth
boundary expansion issue.
Bob Lindsay, 7505 Windsor Island Road, Salem, spoke on behalf of Friends of Marion
County who feel that there is a conflict of interest and he strongly suggested that the
Council meet this issue head on and clear the air. If the Council chooses to move forward
with this expansion, he stated that the report will come under extreme vigorous scrutiny
and he did not feel that the City would want to have a cloud over this issue.
Kay Peterson, 13740 Wilco Highway NE, Woodbum, stated that her family lives on a
farm 3 miles outside of Woodbum but own a small business located on the comer of
Evergreen Road and Stacy Allison Way. She stated that she and her husband both object
to the expansion of the City's urban growth boundary with the main reason being that the
boundary would expand onto prime farm land. In her opinion, the City should focus on
attracting businesses that piggyback onto Woodburn's agricultural economic base. Since
agriculture is the County's main industry, the City should try to attract businesses related
to agriculture such as companies that make agricultural products. She expressed her
concern regarding the consultant's acceptance of payments from the corporation that
would like to be included in the urban growth boundary expansion while working for the
City. She did not feel that she could trust the objectivity of the report that Mr.
Winterrowd prepared for the City.
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JANUARY 12, 2004
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Kathleen Decara read an excerpt from Mr. Winterrowd's response letter to Administrator
Brown regarding payments from OPUS. She expressed her opinion that this is an
unacceptable ethical lapse and the Council and City Administrator need to look at this
serious breach of trust and to take appropriate steps to correct this situation.
Mayor Figley thanked the audience for their comments and reminded them that there will
be ample opportunity for public comment in the long and complicated process regardless
of its outcome.
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CONSENT AGENDA.
A) approve the regular and executive session Council minutes of December 8, 2003;
B) accept the Recreation and Parks Board draft minutes of December 9, 2003;
C) accept the Planning Commission minutes of December 4, 2003;
D) accept the Planning Commission minutes of December 11, 2003;
E) accept the Library monthly report for November 2003;
F) receive the Building Activity report for December 2003;
G) receive the Planning Tracking Sheet dated December 30, 2003;
H) receive the Aquatic Center Revenue Comparison report; and
I) receive the Recreation Division Participation & Revenue Comparisons report.
MCCALLUM/NICHOLS .... adopt the consent agenda as presented. The motion passed
unanimously.
COUNCIL BILL 2492 - ORDINANCE LEVYING ASSESSMENT OF COSTS FOR
EAST HARDCAST1,E AVENUE IMPROVEMENTS FROM PACIFIC
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HIGHWAY 99E TO THE EAST CITY BOUNDARY.
Council Bill 2492 was introduced by Councilor Sifuentez. Recorder Tennant read the
two readings of the bill by title only since there were no objections from the Council. On
roll call vote for final passage, the bill passed unanimously. Mayor Figley declared
Council Bill 2492 duly passed with the emergency clause.
COUNCIL BILL 2493 - RESOLUTION SETTING THE AMOUNT OF PARKS
AND RECREATION SYSTEMS DEVELOPMENT CHARGE, ALTERNATIVE
RATE REVIEW FEE, AND ALTERNATIVE PAYMENT REQUEST FEE
IMPOSED BY ORDINANCE NO. 2250.
Councilor Sifuentez introduced Council Bill 2493. The bill was read by title only since
there were no objections from the Council. On roll call vote for final passage, the bill
received unanimous approval from the Council. Mayor Figley declared Council Bill
2493 duly passed.
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3337 ENGINEERING REPORT FOR BOONES FERRY ROAD IMPROVEMENT
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FROM STATE HIGHWAY 214 NORTH TO GOOSE CREEK.
NICHOLS/MCCALLUM .... approve the engineering report for Boones Ferry Road
improvement from State Highway 214 to Goose Creek and direct staff to prepare a
resolution of intent to improve.
Public Works Manager Rohman briefly reviewed the local improvement district process.
The project area is located on Boones Ferry Road beginning about 50 feet north of
Highway 214 and going north to Goose Creek where it will meet with the new
improvement on Boones Ferry Road. In regards to lane configuration, there will be one
north bound lane and two southbound lanes. One of the southbound lanes will be a fight
turn lane onto Highway 214 and there will be a southbound lane for thru traffic onto
Settlemier Avenue. There will also be a center turn lane for the north portion of the
project and then the center turn lane will turn into a left turn lane onto Highway 214. The
total estimated cost of the improvement is $529,000 with $243,000 to be paid for by the
City and ODOT and the balance to be assessed to benefitted property owners. It was
noted that property owners will receive some credits for already improved areas along the
street that have curbs and sidewalks. The cost assessed to the benefitted properties
involved a combination of trip generation by each of the sites (60%), front footage (20%),
and lot area (20%). It was noted that 3 lots do not have front footage so those lots will
only be assessed based on trip generation and lot area.
The motion passed unanimously.
PUBLIC HEARING: ANNEXATION 02-01 AND ZONE CHANGE 02-02 (Property
located at 600 and 610 North Pacific Highway - Industrial Welding Supply Inc.).
Mayor Figley declared the public hearing open at 7:52 p.m..
The Mayor and Councilors each stated that they drive by the location regularly and they
have visited the site in the past.
Recorder Tennant read the land use statement required by ORS Chapter 197.
Senior Planner Zwerdling presented the staff report on the application submitted by
Industrial Welding Supply Inc.requesting annexation of 1.15 acres of land and zoning
designation of Commercial General (CG). The applicant is proposing annexation to
allow for future property development to occur with the benefit of city water, sewer, and
sanitary storm sewer services. Following the Planning Commission public hearing on
this application, they adopted a final order recommending the approval of the annexation
and zone change request.
No one in the audience spoke either for or against the proposed land use application.
Mayor Figley declared the public hearing closed at 8:01 p.m..
NICHOLS/BJELLAND .... approve annexation 02-01 and zone change 02-02 and
instruct staff to prepare an ordinance to substantiate the Council's decision. The motion
passed unanimously.
Page 6 - Council Meeting Minutes, January 12, 2004
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JANUARY 12, 2004
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0115 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS.
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A) Planning Commission's approval of Design Review 03-22 and Variance 03-28:
property located adjacent to 576 Ray J. Glatt Circle (proposed construction of office
building)
B) Planning Commission's approval of Design Review 03-20 and Variance 03-26:
property located at 1000 Country Club Road (proposed construction of steeple and 27
new parking spaces)
C) Planning Commission's approval of Partition 03-03 and Variance 03-32: property
located at 865 Hardcastle Avenue (divide one parcel into two lots).
No action was taken by the Council on the decisions made by the Planning Commission.
CITY ADMINISTRATOR'S REPORT.
A) Potential expansion of Metro Boundaries:
Administrator Brown stated that an industrial land alternative analysis study was
completed by Metro for the purpose of expanding their urban growth boundary. Metro is
considering a number of sites to be considered one of which is located south of
Wilsonville approaching the area of the Aurora airport. A meeting was held at Woodbum
City Hall a few months ago whereby Marion County and Clackamas County cities were
invited to discuss the issue with Marion County Commissioners. Last month, the Marion
County Commissioners sent a letter to Metro stating their objection to expansion onto the
properties south of Wilsonville and suggested that Metro take the additional policy step
that they would not proceed south of the Willamette river. Marion County has asked
Woodburn to join them in opposing the proposed expansion and to attend the January 20th
study session with Metro to verbally express the City's views. He requested that he be
allowed to write a letter on behalf of the Council that would reiterate the County's points
as to why the expansion should not be considered and to speak about the City's own
economic future and ability to attract high paying industry to our community.
It was the consensus of the Council that the City Administrator proceed with writing a
letter on their behalf and that the letter be reviewed by the Mayor before it is submitted to
Metro at the January 20th meeting.
MAYOR AND COUNCIL REPORT.
Councilor Bjelland reminded the Council that MWACT has a vacant position due to the
resignation of Mt. Angel's Mayor from the commission. Any suggestions as to possible
candidates need to be submitted to MWACT staff or himself for consideration by
MWACT. He reminded the Council that finding an elected individual who is supportive
of the I-5 interchange improvement and any other projects that affects Woodburn or
North Marion county would be beneficial in supporting our efforts to make transportation
improvements within the surrounding area.
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Councilor Sifuentez thanked public works for keeping the streets clean during the recent
snow and ice storm.
Councilor Nichols also thanked the Street Department for cleaning up a clogged storm
drain grate in his neighborhood which had turned into a traffic hazard as a result of the
runoff from the snow and ice storm.
Councilor Nichols stated that the Music Festival was a success and he thanked the Cable
TV staff (WCAT) for their assistance in taping and re-playing the event on community
access channel during the Christmas season for the community to enjoy.
Councilor Veliz thanked former Mayor Jennings for his comments and reflections on the
work that has been done by the Mayor, Council, and staff over the past year. He also
thanked the following organizations and City departments: 1) the Chamber of Commerce
and, in particular Jerry Wheeler, for their leadership as it pertains to the Student
Leadership Program; 2) the Woodburn Downtown Association for the work they have
done with the downtown tree lighting and other activities held in the downtown area; 3)
the Parks and Recreation staff for their various programs and friendliness to program
participants; and 4) Public Works staff for clean-up efforts following the recent storm..
Councilor McCallum stated that the Mayor will be the guest speaker at the Chamber
Forum on January 21st who will be giving her "State of the City" report. He also thanked
former Mayor Jennings for his comments. Lastly, the City's quarterly newsletter was
recently distributed to the public and he expressed his appreciation to staff for this
excellent publication.
Mayor Figley stated that reporter John Gervais did a great job on reporting the Court of
Appeals decision pertaining to the LUBA decision, however, she wanted to clarify a few
points:
1) the opposing party was awarded court costs which were about $100 rather than
attorney fees that can be very high;
2) this decision did involve the Court of Appeals ruling that the Land Use Board of
Appeals is correct in saying that it did not get jurisdiction over the appeals filed by the
Cities Woodbum, Silverton, and Stayton; and
3) other litigation is pending as to whether or not LCDC had jurisdiction on this issue.
Mayor Figley also thanked the Police and Public Works staff for the extraordinary job
they did dealing with the snow and ice storms. She really appreciated all of their extra
work including the door to door check in the area affected by the power outage.
Additionally, she appreciated the fact that Woodbum was one of the few cities that did
not completely close during the week due to the weather conditions. The Library did
close for a short period of time and some departments were not fully staffed but City Hall
was open which shows the extra effort on the part of the staff to provide a service to our
community.
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EXECUTIVE SESSION.
Mayor Figley entertained a motion to adjourn to executive session under the authority of
ORS 192.660(1) (h) to consult with counsel concerning the legal rights and duties of a
public body with regard to current litigation or litigation likely to be filed; ORS
192.660(1)(f) to consider records that are exempt by law from public inspection; and
ORS 192.660(1)(e) to conduct deliberations with persons designated by the governing
body to negotiate real property transaction.
NICHOLS/SIFUENTEZ... adjourn to executive session under the statutory authority
cited by the Mayor. The motion passed unanimously.
The Council adjourned to executive session at 8:20 p.m. and reconvened at 9:02 p.m..
1358 Mayor Figley stated that the Council took no action while in executive session.
ADJOURNMENT.
MCCALLUM/SIFUENTEZ... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 9:03 p.m..
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodbum, Oregon
Page 9 - Council Meeting Minutes, January 12, 2004
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Executive Session
COUNCIL MEETING MINUTES
January 12, 2004
DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, JANUARY 12, 2004.
CONVENED. The Council met in executive session at 8:25 p.m. with Mayor Figley presiding.
ROLL CALL.
Mayor Figley Present
Councilor Bj elland Present
Councilor Cox Absent
Councilor McCallum Present
Councilor Nichols Present
Councilor Sifuentez Present
Councilor Veliz Present
Mayor Figley reminded the Councilors and staff that information discussed in executive session is not
to be discussed with the public.
StaffPresent: City Administrator Brown, City Attorney Shields, City Recorder Tennant
The executive session was called under the following statutory authority:
A) To consult with counsel conceming the legal rights and duties of a public body with regard to
current litgation or litigation likely to be filed pursuant to ORS 192.660(1)(h);
B) To consider records that are exempt by law from public inspection pursuant to ORS 192.660(1)(0;
and
C) To conduct deliberations with persons designated by the governing body to negotiate real property
transaction pursuant to ORS 192.660(1)(e).
ADJOURNMENT.
The executive session adjourned at 9:00 p.m..
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodbum, Oregon
Page 1 - Executive Session, Council Meeting Minutes, January 12, 2004
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8B
MINUTES
MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD
DATE:
ROLL CALL:
December 10, 2003
Marie Brown -Absent
Mary Chadwick - Present
Vasily Chernishov - Present
Ardis Knauf - Present
Kay Kuka - Present
Colleen Vancil - Present
Pat Will - Present
STAFF PRESENT: Linda Sprauer, Director
Vicki Musser, Recording Secretary
GUESTS: None
CALL TO ORDER: President Ardis Knauf called the meeting to order at 7 pm.
SECRETARY'S
REPORT:
The monthly Board minutes of November 12, 2003 were approved as
submitted.
CORRESPONDENCE: None
PUBLIC COMMENT: None
DIRECTOR'S
REPORT:
Monthly Statistics: The monthly statistics were self-explanatory. The
number of people visiting the library for November was 17,071. The
number of reference questions has increased over this same month
last year.
Activities: A list of activities was distributed to the Board. Weekly
Children' Storytimes are held at the Library in the Multi-Purpose
Room. Infant-Toddler Time is on Tuesdays at 10:30 am. Storytime
in Spanish is held on Tuesday evenings at 6:30 pm, and Library
Storytime is on Wednesday mornings at 10:30 am. Each month these
are listed and made available for the patrons at the Library, both in
English and Spanish ." Saturday at the Library" is held weekly, at 1:30
pm. Each Saturday is different; one Saturday is devoted to games,
one to crafts - such as this month's colorful tree ornaments - a third to
Popcorn Videos, and finally, once a month there is a special event.
This month it is" Mrs. Santa and Snoops the Bunny", who will be
appearing on Saturday, December 20th at 1:30 pm. ~.
13
OLD BUSINESS:
Library Board Minutes
Volunteer of the Month: Beulah Jordan was chosen Volunteer of the
Month for November. The Library publicly thanked her for her
contributions, and a document was read describing her volunteer work
(addendum).
At the City Council Meeting on Monday, December 8, Tim Eddy, of
HEA architects, spoke about the Library remodel/expansion plan.
This was the first opportunity some of the Council members had to
hear of the finalized Library remodel plans. The remodel may be done
in two phases, which will be more cost-effective. The City Council is
being asked to accept the plan and to decide where to place it on their
priority list of capital projects. This will probably be discussed and
decided prior to the budgeting process for 2004-05.
Colleen Vancil is currently serving an unexpired term on the Library
Board, which ends in December, 2003. She has indicated that she
will not reapply, in order to give other people an opportunity to serve.
Anyone interested in the four year term may contact the Mayor's office
and fill out an application. The new Board Member will be announced
at the first meeting following appointment.
The Library Board requested that Donna, the Acquisitions Librarian,
come and talk about the new books coming into the Library, at the
January Board Meeting.
CCRLS MIGRATION: Linda and Dan will be spending the next five
business days reviewing scripted demonstrations of several different
automation systems. Dynix and Innovative Interfaces are among the
ones who will be presenting.
The automation system chosen will be activated about this time next
year.
The part-time library assistant application process closed on
December 5th. Interviews will take place beginning the week of the
15th. The new library assistant will be on board starting in January,
or possibly sooner. Shirley Baumgardner will begin on-call status as
of January 1, 2004.
Arlene Zellner has received cataloguing training, and will
take over that portion of Shirley's job.
Saturday, January 24t~, is the date of the annual Library Board
Retreat. Kathy Thomas, who is on the Development Staff at the
Oregon State Library, will come and speak to us in the morning. She
does fund-raising, and will be able to guide Board members as to
procedures. Several Friends of the Library have been invited to join
us to take advantage of this opportunity.
Box lunches will again be served, as in past years.
- 12/10/03 2
13
NEW BUSINESS:
BUSINESS TO/FROM
THE CITY COUNCIL
AND/OR MAYOR: NONE.
ADJOURNMENT: The meeting was adjourned at 7:25 pm.
Respectfully submitted,
Vicki Musser,
Recording Secretary
Library Board Minutes - 12/10/03
3
14.
WOODBURN PUBLIC LIBRARY
MONTHLY REPORT FOR DECEMBER 2003
8C
I. CIRCULATION
Current: 13,355
Adult: 8,063
Children: 5,292
In-House Use: 1,628
II. INTERLIBRARY LOAN
III.
Books Loaned: 983
CCRLS: 983
In-State Special: 0
Previous:
2002
2001
2000
Books Borrowed: 1,041
All Other In-State:0
Out-Of-State: 0
CCRLS: 1,015
In-State Special: 0
All Other In-State: 22
Out-Of-State: 4
11,023
11,050
10,674
REFERENCE
Woodbum Referrals Other Total
2003 695 21 902 1,618
2002 634 28 968 1,630
2001 923 72 1,127 2,122
2000 707 56 635 1,398
Database Usage:
October 1046
November 877
(notalldata basesincluded)
IV. COMPUTER USAGE
Vo
VI.
VII.
December 484
Adults: 2,334
Children: 922
Average per open hours: 9.49
Average per open hours: 3.66
LIBRARY SPONSORED PROGRAMS
Adults: 0 No. Attending: 0
Children: 25 No. Attending: 481
VOLUNTEER HOURS WORKED
178
FINANCE
$1,784.19
HOLDINGS
78,739
New Adds For The Month of December: 684
PATRON LOAN TYPES
16,502
IX.
15
January 20, 2004
TO:
Mayor and City Council through City Administrator
FROM:
SUBJECT:
Ben Gillespie, Finan~~/~ctor
Audit Report .
RECOMMENDATION:
Accept repod
BACKGROUND:
The 2002-03 financial statements have been finalized, and the City's auditors,
Boldt, Carlisle, & Smith, have issued an unqualified opinion on them. As required
by statute the financial statements and the opinion have been filed with the
Secretary of State.
The auditors stated:
In our opinion, the financial statements referred to above present fairly, in
all material respects, the respective financial position of the governmental
activities, the business-type activities, each ma]or fund and the aggregate
remaining fund information of City of Woodburn, as of June 30, 2003, and
the respective changes in financial position and cash flows, where
applicable, thereof and the respective budgetary comparisons.
Regarding compliance with laws, regulations, contracts, and grants they wrote:
The results of our tests disclosed no instance of noncompliances that are
required to be reported under Government Auditing Standards.
They also wrote:
We noted no matters involving the internal control over financial reporting
and its operation that we consider to be material weaknesses.
Agenda Item Review: City Administrator ~ City Attorney ~ Finance
Mayor and City Council
January 20, 2004
Page 2
Copies of the document are available for review in the Finance Office.
The City has implemented a new financial reporting model, as required by the
provisions of GASB Statement No 34. The Government Accounting Standards
Board (GASB) issued Statement 34 that requires an overhaul of how the financial
statements are presented. GASB 34 is a sweeping revision to how local
governments report their financial condition and the results of operations. Of
the many changes embodied in GASB 34 the most notable to the users of the
City's financial statements are:
Management's discussion and analysis
Government wide financial statements
Capitalizing fixed assets in the governmental funds
Managemenrs discussion and analysis (/VID & A) provides a narrative introduc-
tion and overview that will help users interpret the basic financial statements.
The MD & A also is an analysis of key data presented in the financial statements.
It includes, for example, explanations of
Material changes in net assets (fund balances)
Significant changes in revenue or expenses
Budgetary highlights
Government wide financial statements present the activities for all funds in one
statement. This is intended to help the reader grasp the impact of the govern-
ment entity as a whole. It is how citizens most often view local government.
In the past fixed assets were capitalized and depreciated only in the proprietary
funds (water and sewer utility funds); in the governmental funds fixed assets
were expensed at the time of purchase. This changes under GASB 34. Govern-
mental funds' fixed assets, such as streets and City Hall, are now recorded on
the general ledger at historical cost and are then depreciated.
DISCUSSION:
The changes wrought by GASB 34 on governmental accounting are the most
sweeping since the late 1940's and they alter the very fundamentals of how
municipalities report their financial operations. Conversion to the GASB 34
reporting model required considerably more effort this year from both staff and
the auditors than was needed in prior years to prepare and audit the financial
statements. The City of Woodburn made the conversion on time and with an
Mayor and City Council
January 20, 2004
Page 3
unqualified audit opinion. The transition to the new reporting model is
complete. Preparing and auditing the financial statements in future years will
again be a routine matter.
FINANCIAL IMPACT:
The cost of this year's audit included approximately $2,500 for conversion to
GASB 34.
18
January 20, 2004
TO: Mayor and City Council through City Administrator
FROM: /4 ~_tt Russell, Chief of Police
SUBJECT: Police Department Statistics - January through November 2003
RECOMMENDATION:
Receive the Report
BACKGROUND:
The attached reports list year to date police department calls for service,
displaying statistics by month. The first set of statistics represents Criminal
Offenses, the second represents Arrests by Offense.
DI~:US~ION:
The statistics have been gathered from the Police Department's new records
management system rather than the Consolidated Monthly Report received
from R.A.I.N. in past years. We continue to build data month by month for
comparison to previous years.
FINANCIAL IMPACT:
None
Agenda Item Review:
City Administrator.~~ City Attorney
Financ~"~
!9
Woodburn Police Dept. PAGE
DATE: 1/20/2004 PL6860
TIME: 16:48:18 MONTHLY CRIMINAL OFFENSES FOE JANUARY THRU NOVEMBER 2003 SCOTTRU
ORI#: OR0240500 WPD RESULTS FOR ~ OFFENSES
CT{ARGE DESCRIPTION JAN FEB ~ APR MAY JUN JLY AUG SEP OCT NOV TOTAL
AC, UP. AVATED ASSAULT 4 2 1 2 1 0 1 3 1 1 0 16
AGGRAVATED MURDER 0 0 0 0 0 0 0 0 0 0 0 0
ANIMAL ORDINANCES 23 22 41 25 22 21 18 29 37 46 33 317
ARSON 1 0 1 1 0 2 2 2 2 0 0 11
ASSAULT SIMPLE 14 15 11 9 17 15 14 19 13 16 14 157
ATTEMPTED MURDER 0 0 0 0 0 0 1 2 0 0 0 3
Bdlm{B TER.F2%T 0 0 0 0 0 0 0 0 0 2 0 2
BRIBERY 0 0 0 0 0 0 0 0 0 0 0 0
BURGLARY - BUSINESS 5 7 1 2 3 3 2 1 1 4 7 36
BURGLARY - OTHER STRUCTURE 2 0 1 3 1 2 1- 1 0 2 3 16
BURGLARY - RESIDENCE 9 7 11 6 7 3 9 9 10 18 11 100
CHILD ADBANDOM~ 0 0 0 0 0 0 0 0 0 0 0 0
CHILD NEGLECT 0 0 0 0 2 0 0 0 0 0 0 2
CITY ORDINANCE 16 21 31 7 48 44 8 6 7 1 9 198
CRIME DAMAGE-NO VANDALISM OR ARSON 16 5 2 11 19 27 20 16 21 46 43 226
CURFI~d 1 2 1 2 1 1 0 1 0 2 2 13
CUSTODIAl, INTERFERERCE 0 0 0 0 0 0 0 0 0 0 0 0
CUSTODY - DFfOX 3 1 0 0 0 1 4 4 0 1 5 19
CUSTODY - MATERIAL WITNESS 0 0 0 0 0 0 0 0 0 0 0 0
CUSTODY - MENTAL 0 0 0 2 1 0 0 0 0 2 0 5
CUSTODY - PROTECITVE 0 0 0 0 0 1 0 0 0 1 2 4
DISORDERLY CONDUCT .2 7 3 4 2 2 2 0
DRINKING IN PUBLIC 0 0 0 1 2 1 0 0 0 0 0 4
DRIVING UNDER INFLUENCE 6 3 11 14 15 12 11 13 9 13 20 127
DRUG LAW VIOLATIONS 15 11 4 13 8 7 16 15 10 10 17 126
DRUG P~IA 0 0 0 0 0 0 0 0 0 0 0 0
DWS/IUiVOKND - FELONY 2 1 4 3 7 5 4 1 1 0 0 28
DWS/REVOKED-MISDE~R 0 0 0 0 0 2 0 3
ELUDE 3 0 0 1 3 5 1 0 1 2 2 18
EMBEZZL]~ 0 0 0 0 0 0 0 0 0 0 0 0
ESCAPE FRO{{ YOUR CUSTODY 0 0 0 0 0 0 0 0 0 0 0 0
EXTORTION/BLAC]iMAIL 0 0 0 0 0 0 0 0 0 0 0 0
FkIL TO DisPLAY OPERATORS LICENSE 1 2 1 5 3 2 3 3 ] 2 2 27
FAMILY-OTHER 0 0 0 0 0 0 0 0 0 0 0 0
FORCIBLE RAPE 1 1 0 1 1 0 0 0 1 0 1
FORGERY/COUNTERFRI TING 7 6 6 28 18 13 16 10 12 17 8 ' 141
FRAUD - ACCOUNT CLOS~ CHECK 3 0 0 0 0 0 0 1 0 0 0 4
FI~UD - BY DECEPTIO{{/FALSE PRETEI4SES 2 0 1 0 1 1 0 0 0 0 0 5
FRAUD - CREDIT CARD/AUTOMA?IC Tm,r,~ MACEINE 1 2 0 0 2 1 0 ] 1 2 2 14
FRAUD - IMPERSONATION 0 0 2 2 1 2 1 3 5 1 4 21
FRAUD - NO ACCOUNT - CHECK 0 0 0 0 0 0 0 0 0 0 0 0
FRAUD - NOT SUFFICIENT FUNDS (]U~ 0 0 0 0 0 0 0 0 0 0 2 2
FRAUD - OF SERVICES/FALRE PP.B'I'ENSES 1 1 0 0 0 1 0 6 1 0 0 10
FRAUD - WELFARE 0 0 0 0 0 0 0 0 0 0 0 0
FRAUD - WIRE 0 0 0 0 0 0 0 0 0 0 0 0
FRAUD-OTHER 0 0 0 0 0 0 0 0 0 0 0 0
FUGITIVE ARREST FOR ANOTI. IER ~CY 49 27 18 36 54 46 60 47 36 36 24 433
FURNISHING 0 0 0 0 0 0 0 6 0 1 1 8
GAMBLING - BOOENAKING 0 0 0 0 0 0 0 0 0 0 0 0
GAMBLING - GAMES 0 0 0 0 0 0 0 0 0 0 0 0
GAMBLING - ILLEGAL DEVISES/MACHINES 0 0 0 0 0 0 0 0 0 0 0 0
GAMBLING - ILLEGAL PAY OFF 0 0 0 0 0 0 0 0 0 0 0 0
20
Woodburn Police Dept. PAGE
DATE: 1/20/2004 PL6860
TIME: 16:48:18 MONTHLY CRIMINAL OFFENSES FOR JANUARY THRU NOVEMBER 2003 SCOTTRU
ORI$: 0R0240500 WPD RESULTS FOR AIA OFFENSES
CHARGE DESCRIPTION JAN FEB MAR APR MAY JUN JLY AUG SEP OCT NOV TOTAL
GAMBLING - NUMBERS AND LOTTERY 0 0 0 0 0 0 0 0 0 ~ 0 0
GAMBLING - OTHER 0 0 0 0 0 0 0 0 0 0 0 0
GARBAGE LITTERING 8 10 16 9 3 4 0 6 8 12 5 81
RIT AND RUN FELONY 0 3 0 1 1 1 1 1 0 3 0 11
HIT AND RUN-MISD~R 15 5 10 8 16 9 21 15 21 14 12 144
ILLEGAL ALIEN - INS HOLD 0 2 1 1 0 0 0 0 0 0 2
I LLEC~ ESTABLISI~{ENT 0 0 0 0 0 0 0 0 0 0 0 0
ILLEGAL LIQUOR-MAK]{, SEIA, POSSESS 0 0 0 0 0 0 0 0 0 0 0 0
I~;~ORTING LIQUOR 0 0 0 0 0 0 0 0 0 0 0 0
INTIMIDATION /OTHER CRIMIMA5 THREAT 6 5 3 3 4 2 1 4 6 8 7 49
JUSTIFIABLE H~CID~ 0 0 0 0 0 0 0 0 0 0 0 0
KIDNAP - FOR ADDITIONAL CEIMI}IAL PURPOSE 1 1 0 0 1 0 0 0 0 1 0 4
KIDNAP - FOR RANSOM 0 0 0 0 0 0 0 0 0 0 0 0
KIDNAP - HI-JACK, TERRORIST 0 0 0 0 0 0 0 0 0 0 0 0
KIDNAP - HOSTAGE/SHIELD OR PJ~4OVAL/DELAY WITNESS 0 0 0 0 0 0 0 0 0 0 0 0
LICENSING ORDINANCES 1 0 2 1 2 0 3 3 3 1 0
LIQUOR LAW-OTHER 0 0 0 0 0 0 0 0 0 0 2 2
LIQUOR LICENSE VIOLATIONS 0 0 0 0 0 0 0 0 0 0 0 0
MINOR IN POSSESSION 3 2 2 3 2 3 3 4 7 6 7
MINOR ON PREMISES 0
MISCELLANEOUS 0 2 1 0 3 0 0 5 4 5 6 26
MOTOR VEHICLE THEFT 5 10 10 14 13 16 8 11 9 14 17 127
NEGLIGENT NOMICIDE - TRAFFIC 0 0 0 0 0 0 0 0 0 0 0 0
NEGLIGENT MANSLAUGHTER 0 0 0 0 0 0 0 0 0 0 0 0
NON CRIMIMAL DOMESTIC DIST~ 0 0 0 0 0 0 0 0 0 0 0 0
NON SUPPORT 0 0 0 0 0 0 0 0 0 0 0 0
OTHER 13 5 7 B 1S 5 S 7 10 16 lB 109
PARENTAL RESPONCIBILITY ORDINANCES [SVP) 0 0 0 0 0 0 0 0 0 0 0 0
PROPERTY - FOUND LOST MISLAID 18 12 15 23 15 26 21 21 16 29 13 209
PROPERTY RECOVER FOR OTHER AGENCY 0 1 0 0 1 0 2 1 1 0 0
PROSTITUTION - COMPEL 0 0 0 0 0 0 0 0 0 0 0 0
PROSTITUTION - ENGAGE IN 0 0 1 0 0 0 0 0 0 0 0 1
PROSTITUTION - OTHER 0 0 0 0 0 0 0 0 0 0 0 0
PROSTITUTION - PROMOTE 0 0 0 0 0 0 0 0 0 0 0 0
PUBLIC HEALTH AND SAFETY ORDIMANCES 5 3 7 5 7 29 21 19 21 25 22 164
REfitS DRIVING 0 0 2 1 4 2 1 3 2 2
ROBBERY - BANK 0 0 0 0 · 0 0 0 0 0 0 0 0
ROBBERY - BUSINESS 2 0 0 0 0 0 0 0 0 0 0 2
ROBBERY - CAR JACKING 0 0 0 0 0 0 0 0 0 0 0 0
ROBBERY - CONY.STORE 0 0 0 0 0 0 0 0 0 0 0 0
ROBBERY - HIGHWAY 0 0 1 0 0 0 0 1 0 1 0
ROBBERY - OTHER 1 0 0 1 0 0 1 0 1 0 1 5
ROBBERY - RESIDENCE 1 0 0 0 0 0 0 0 0 0 0 1
ROBBERY - SERVICE STATION 0 0 0 0 0 0 0 0 0 0 0 0
RUNAWAY 15 14 15 20 16 7 9 9 15 12 12 144
SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY 0 1 0 0 0 0 0 0 0 1 0 2
SEX CRIME - EXPOSER 0 1 0 0 1 0 0 0 0 0 0 2
SEX CRIME - FORCIBLE SODOMY 0 0 0 0 0 0 0 0 0 0 0 0
SEX CRIME - INCEST 0 0 0 0 0 0 0 0 0 0 0 0
SEX CRIME - MOLEST (PHYSICAL) 1 6 2 1 3 1 1 2 2 3 0 22
SEX CRIME - NGN FORCE SODOMY 0 1 0 0 0 0 0 0 0 0 0 1
SEX CRIME - NON-FORCE RAPE 2 0 1 0 1 1 3 2 0 1 1 12
9-1
Woodburn Police Dept. PAGE
DATE: 1/20/2004 PL6860
TIME: 16:48:18 MONTHLY CRIMINAL OFFENSES FOR JANUARY THRU NOVEMBER 2003 SCOTTRU
ORI~: OR0240500 WPD RESULTS FOR ALL OFFENSES
CHARGE DESCRIPTION JAN FEB MAR APR MAY ~7.]N J~y AUG SEP OCT NOV TOTAL
SRX CRIME - OBSC~ PMON~ CALL 0 0 0 0 0 0 0 0 0 - 0 0 0
SRX CRIME - OT~ 1 1 0 0 0 0 1 1 0 0 0 4
SM CRIME - PEEPING TOM 0 0 0 0 0 0 0 0 0 0 0 0
S~X CRIME - PORNOGRAPHY/OBSC~ MATERIAL 1 0 0 0 0 0 0 0 0 0 0 1
SM CRIME - SRXU~ ASSAULT WITH AN OB~CT 0 0 0 0 0 0 0 0 0 0 0 0
STALKER 0 0 1 1 0 0 0 0 0 1 0 3
STOL~N PROPERTY - ~CEIVING, BUYING, POSSESSING 0 0 0 0 2 1 1 2 1 4 0 11
SUICIDE 0 0 0 0 0 0 0 1 0 0 0 1
THEFT - BICYCId~ 2 1 1 2 3 2 ~2 10 5 5 2 35
TMEPT - BUILDING 3 2 5 8 5 9 9 12 2 11 7 73
THRPT - COIN OP MAC]{IME 1 0 0 0 2 1 0 0 1 0 0 5
TH~PT - FROM MOTOR VE~IClH~ 56 21 25 22 35 52 38 26 36 83 56 450
THEFT - MOTOR V~CI~ PARTS/ACCESSORIES 3 I 2 3 1 4 1 2 1 3 2 23
TH~PT - OTI~ER 10 9 8 20 27 11 19 10 22 23 16 175
THEFT- PlCfPOC](ET 0 0 i 0 0 0 1 1 0 0 0 3
THEFT - PURSE S74ATCE 2 1 0 0 0 0 0 0 2 1 1 7
THEFT - SHOPLIPT 14 5 7 4 7 6 10 9 10 13 10 95
TRAFFIC ORDINANCES 36 27 45 35 21 36 31 62 59 61 60 473
TRAFFIC VIOI~ATIONS 30 13 20 32 {7 41 33 38 30 37 44 365
TRESPASS 5 6 7 6 11 11 3 10 8 11 5 83
~ 0 0 0 0 0 0 0 0 0 0 0 0
VANDALIS}{ 72 40 45 46 62 60 16 29 29 46 38 483
VEI{ICI2~ [{~COVERD FO[{ OTHER AGENCY 5 1 5 2 4 4 4 2 7 2 3 39
VIOLATION OF COURT ORDER 0 0 1 0 0 1 4 3 1 0 1 11
WARP~ ARREST FOR O~R AG~CY 0 0 0 0 0 0 0 0 0 0 0 0
WRAPO~ - CARRY CONC]~ 1 0 0 2 ! 1 1 2 0 0 2 10
W]~ - ~X F[{IX)N IN POSSESSION 0 0 0 0 0 0 0 0 0 0 0 0
WEAPON-OTHER 0 0 0 0 0 0 0 0 0 0 0 0
MEAPON - POSSESS ILLEC~ 1 0 1 4 1 0 2 2 i 2 1 15
W~ - SHOOTING IN PROHIBITED ARRA 0 0 0 0 0 0 0 0 0 0 0 0
WILLFUL MURDER 0 0 0 0 0 0 0 0 0 0 0 0
ZONING ORDINANCR 3 2 11 7 4 10 6 9 18 6 9 85
TOTAL:
530 358 432 471 580 576 477 549 540 698 601 5812
2003 TOTAL: 530 358 432 471 580 576 477 549 540 698 601 0 5812
2002 TOTAls: 1 0 0 0 0 0 0 1 0 0 0 0 2
2001 TOTAL: 0 0 0 0 0 0 0 0 0 0 0 0 0
Woodburn Police Dept. PA~E
DATE: 1/20/2004 PL6850
TIME: 16:47:57 MONTHLY ARRESTS BY OFFENSE FOR JANUANY THRU NOVEMEER 2003 SCOT~U
ORI~: OR0240500 WPD RESULTS FOR ALL CHARGES
CHARGE DESCRIPTION JAN FEB MAR APR MAY JUN JLY AUG SEP OCT NOV TOTAL
AGGRAVATED ASSAULT 5 1 0 2 2 0 0 4 2 1 0 17
AGGRAVATED MURDER 0 0 0 0 0 0 0 0 0 0 0 0
ANIMAL ORDINANCES 0 0 0 0 0 1 3 0 0 0 0 4
ARSON 0 0 1 0 0 1 0 0 0 0 0 2
ASSAULT SIMPLE 13 8 12 5 13 10 10 14 7 13 9 114
ATTEMPTED MURDER 0 0 0 0 0 0 0 0 1 0 0 1
BOMB THREAT 0 0 0 0 0 0 0 0 0 0 0 0
BURGLARY- BUSIMESS 0 0 0 0 0 0 0 0 0 0 4 4
BURGLARY - OTHER STRUCTURE 0 4 0 1 0 0 0 0 0 0 0 5
BURGLARY - RESIDENCE 2 3 2 1 2 0 4 3 0 5 3 25
CHILD ADBAND(DMElq~ 0 0 0 0 0 0 0 0 0 0 0 0
CHILD NEGLECT 0 0 0 0 2 0 0 0 0 0 0 2
CITY ORDINANCE 0 0 0 1 0 0 0 0 0 0 0 1
CRIME DANAGB-MO VANDALISM OR ARSON 1 0 1 1 1 1 3 1 1 5 3 18
CURFEW 1 5 0 3 2 1 0 1 0 2 2 17
CUSTODIAL INTERFENENCE 0 0 0 0 0 0 0 0 0 0 0 0
CUSTODY - DEl'OX 3 1 0 0 0 I 4 4 0 1 5 19
CUSTODY - MENTAL 0 0 0 1 1 0 0 0 0 1 0 3
CUSTODY - PROTECITVE 0 0 0 0 2 1 0 0 0 1 ] 7
DISORDERLY CONDUCT 3 12 5
DRI14EING IN PUBLIC 0 0 0 0 3 1 0 0 0 0 0
DRIVING UNDER INFLUENCE 6 3 11 14 14 13 11 12 9 14 19 124
DRUG LAW VIOLATIONS 15 12 8 17 8 5 15 15 10 12 18 135
DRUG P~IA 0 0 0 0 0 0 0 0 0 0 0 0
DWS/REVOKED - FELONY 2 1 3 2 6 7 5 1 5 0 0 32
DWS/REVOKED - MI SD]~{EANOR 0 0 0 0 0 0 0 3 2 5 2 12
ELUDE 2 0 0 1 3 3 1 0 1 0 1 12
ESCAPE FROM YOUR CUSTODY 0 0 0 0 0 0 0 0 0 0 0 0
EXTORTION/BLACIO4AIL 0 0 0 0 0 0 0 0 0 0 0 0
FAIL TO DISPLAY OPERATORS LICENSE 1 2 1 5 3 2 3 3 3 2 1 26
FAMILY-OTHER 0 0 0 0 0 0 0 0 0 0 0 0
FORCIBLE RAPE 0 1 0 0 0 0 0 0 0 0 0 1
FORGERY/COIl]fl]El{FElTING 1 3 3 6 15 5 12 4 4 6 6 45
FRAUD - ACCOUNT CLOSED CHECK 1 0 0 0 0 0 0 0 0 0 0 1
FRAUD - BY DECEPTION/FALSE PRETENSES 0 0 1 0 1 0 0 0 0 0 0 ,2
FRAUD - CREDIT CARD/AU?(3MATIC TRLLRR MACHINE 0 0 0 0 0 0 0 2 0 0 2 4
FRAUD - IMPERSONATION 0 0 2 ~ 2 0 2 2 0 0 2 12
FRAUD - NOT SUFFICIENT FUNDS CHECK 0 0 0 0 0 0 0 0 0 0 2 2
FRAUD - OF SERVICES/FALSE PRETENSES 0 3 0 0 0 1 0 2 0 0 0 6
FRAUD-OTHER 0 0 0 0 0 0 0 0 0 0 0 0
FUGITIVE ARREST FOR ANOTMER AGENCY 50 25 22 40 52 49 61 52 36 39 24 450
FURNISHING 0 0 0 0 0 0 0 6 0 0 0 6
GAMBLING - GAMES 0 0 0 0 0 0 0 0 0 0 0 0
GAMBLING - OTHER 0 0 0 0 0 0 0 0 0 0 0 0
GAREA~E LITTERING 0 0 0 2 0 0 0 0 0 0 0 2
}{IT AND RUN FELONY 0 2 1 1 1 1 0 1 0 1 0 8
}{IT AND RUN-MISDEMEANOR 5 1 4 0 3 1 3 4 3 3 2 29
ILLEGAL ALIEN - INS HOLD 0 2 1 2 0 0 0 0 0 0 2 7
II{~IMIDATION /Onl"~]E]{ CRIMINdiL nj"riP. EAT 4 5 3 2 1 2 3 2 5 5 2 34
KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 0 1 0 0 1 0 0 1 0 1 0 4
KIDNAP - FOR RANSOM 0 0 0 0 0 0 0 0 0 0 0
KIDNAP - }{I-JACK, TERRORIST 0 0 0 0 0 0 0 0 0 0 0 0
9.3
Woodburn Police Dept. PAGE
DATE: 1/20/2004 PL6850
TIME: 16:47:57 MONTHLY ARRESTS BY OFFENSE FOR JANUARY THRU NOVEMBER 2003 SCOTTRU
ORI#: OR0240500 WPD RESULTS FOR ALL CHARGES
CHARGE DESCRIPTION JAN FEB MAR APR MAY JUN JLY AUG SEP OCT NOV TOTAL
KIDNAP - HOSTAGE/SHIELD OR P,]~4DVAL/DELAY WITNESS 0 0 0 0 0 0 0 0 (~ 0 0 0
LICENSING ORDINANCES 0 0 0 0 0 0 0 0 0 0 0 0
MINOR IN POSSESSION 3 1 3 3 1
MINOR ON PREMISES 0 0 1 0 0 0 0 0 0 0 0 1
MISCESLANEOUS 0 0 0 0 0 0 0 0 0 0 0 0
MOTOR VEI~ICLE THEFT 2 2 1 3 1 2 2 0 2 1 1 17
NEGLIGENT HOMICIDE - TRAi~FIC 0 0 0 0 0 0 0 0 0 0 0 0
NEGLIGERT MANSLAU(~TI~R 0 0 0 0 0 0 0 0 0 0 0 0
OTHER 11 4 8 7 10 3 5 6 4 6 6 70
PARENTAL RESPONCIBILITY ORDINANCES (SVP) 0 0 0 0 0 0 0 0 0 0 0 0
PROPERTY - FOUND LOST MISLAID 0 0 0 0 0 0 0 0 0 0 0 0
PROPERTY RECOVER FOR OTHER AGENCY 0 0 0 0 1 0 3 1 1 0 0 6
PROSTITUTION - COMPEL 0 0 0 0 0 0 0 0 0 0 0 0
PROSTITUTION - ENGAGE IN 0 0 1 0 0 0 0 0 0 0 0 1
PROSTITUTION- PROMOTE 0 0 0 0 0 0 0 0 0 0 0 0
PUBLIC HEALTH ~ SAF]~fY ORDINANCES 0 0 0 0 0 0 0 0 0 0 0 0
RECKLESS DRIVING 0 0 2 1 4 3 1 3 2 0 1 17
ROBBERY - BANK 0 0 0 0 0 0 0 0 0 0 0 0
ROBBERY - BUSINESS 4 0 0 0 0 0 0 0 0 0 0
ROBBERY - CAR JACKING 0 0 0 0 0 0 0 0 0 0 0 0
ROBBERY - CONV.STORE 0 0 0 0 0 0 0 0 0 0 0 0
ROBBERY - HI~Y 0 0 0 0 0 0 0 0 0 0 0 0
ROBBERY - OTHER 0 0 0 1 0 0 0 0 0 0 0 1
ROBBERY - RESIDENC]~ 2 0 0 0 0 0 0 0 0 0 0 2
ROBBERY - SERVICE STATION 0 0 0 0 0 0 0 0 0 0 0 0
RUMAMAY 3 2 2 3 2 2 1 1 4 5 2 27
SE][ CRINE - CONTRIBUTE TO SEX DELINOUENCY 0 0 0 0 0 0 0 0 0 0 0 0
SEX CRIME - EXPOSER 0 1 0 0 1 0 0 0 0 0 0 2
SEX CRIME - FORCIBLE SODOMY 0 0 0 0 0 0 0 0 0 0 0 0
SEX CRIME - INCEST 0 0 0 0 0 0 0 0 0 0 0 0
SEX CRINE - MOLEST (PHYSICAL) 0 0 0 0 0 0 0 0 1 0 0 1
SEX CRIME - NON FORCR SODOMY 0 0 0 0 0 0 0 0 0 0 0 0
SEX CRIME - NON-FORCE P. APE 0 0 0 0 0 0 0 0 0 0 0 0
SEX CRIME - OBSCENE PHONE CALL 0 0 0 0 0 0 0 0 0 0 0 0
SEX CRI}{E - OT[-IER 0 0 0 0 0 0 0 0 0 0 .0 0
SEX CRIME - PORNGGRAPHY/0BSCEN~ MATERIAL 0 0 0 0 0 0 0 0 0 0 0 0
SEX CRIME - SEXUAL ASSAULT WITH AN OBJECT 0 0 0 ·0 0 0 0 0 0 0 0 0
STALKER 0 0 0 0 0 0 0 0 0 0 0 0
STOLEN PROPERTY - RECEIVING, BUYING, POSSESSING 0 0 0 1 2 1 2 1 1 3 0 11
SUICIDE 0 0 0 0 0 0 0 0 0 0 0 0
THEFT - BICYCLE 0 0 0 I 1 0 0 0 1 0 0 3
THEFT - BUILDING 1 4 3 0 0 1 3 2 0 2 1 17
THEFT - COIN OP MACHINE 0 0 0 0 0 0 0 0 0 0 0 0
THEFT - FROM MO'i'OR VEHICLE 4 0 1 0 0 1 2 0 2 1 0 11
THEFT - MOTOR VEHICLE PARTS/ACCESSORIES 0 0 0 0 0 0 0 0 0 0 0 0
~NEFT - O'I']-IER 1 3 2 2 4 0 3 1 4 1 2 23
THEFT - PICKPOCKET 0 0 0 0 0 0 0 0 0 0 0 0
THEFT - PURSE SI~U%TCH 1 0 0 0 0 0 0 0 0 0 0 1
THEFT - S~OPLIPT 14 ~ 7 4 4 6 9 13 7 12 8 90
TRAFFIC ORDINANCES 0 0 0 0 0 0 0 0 0 0 0 0
TRAFFIC VIOLATIONS 30 10 25 34 38 48 45 34 30 27 27 348
TRESPASS 6 8 7 4 7 7 2 5 8 6 6 66
Wo(~llmrn Police Dept. PAGE
DA~: 1/20/2004 PL4850
TI)iS: 16:47:$7 MOIFI~{LY AILqEST$ BY OFFENSB FOR JAI4UZJ{Y THRU HOV~)~R 2003 SC(YlTRU
ORI{: OR0240500 WPD RESULTS FOR ALL C~]2~RONS
DESCRIPTION dAN FEB MAR APR MAY dUN JLY AU~ SBP OCT NOV
4 9 12 1 5 2 0 4 1- 2 ¢ 44
0 0 0 0 2 0 0 0 O 0 0 2
0 0 1 0 0 1 2 1 0 0 0 5
0 0 0 2 2 1 1 2 0 0 2 10
0 0 0 0 0 0 0 0 0 0 0 0
3 0 2 6 2 0 3 2 2 3 I 24
0 0 0 0 0 0 0 0 0 0 0 0
0 0 1 0 0 0 0 0 0 0 0 1
0 0 0 0 0 0 0 0 0 0 0 0
2003 TOT.,~: 204 145 1~;0 188 228 191 230 220 3.72 201 191 0 2130
2002 T(Yr~: 0 0 0 0 0 0 0 0 0 0 0 0 0
2001 ?OTAL: 0 0 O 0 0 0 0 0 0 0 O 0 0
l,tcorI~orated t889
IOA
January 26, 2004
TO:
FROM:
SUBJECT:
Mayor and City Council through City Administrator
Jim Mulder, Director of Community Development ~
Ordinance to Approve Annexation 02-01 and Zone Change 02-02
(Industrial Welding Supply, Inc.)
RECOMMENDATION:
It is recommended that the City Council adopt the
approving Annexation 02-01 and Zone Change 02-02.
BACKGROUND:
attached
ordinance
The City Council, at its January 12, 2004 meeting, conducted a public hearing
concerning the above referenced applications. At the conclusion of that
hearing, the Council directed staff to prepare an ordinance to adopt findings in
support of approval of Annexation 02-01 and Zone Change 02-02. That
ordinance is attached.
DISCUSSION:
None
FINANCIAL IMPACT:
Annexation of the subject property will result in additional property tax revenues
to the City of Woodburn.
Agenda Item Review:
City Administrator,~~
City Attorney
Financ~
26
COUNCIL BILL NO.
ORDINANCE NO.
AN ORDINANCE ANNEXING INTO THE CITY OF WOODBURN 1.15 ACRES OF
PROPERTY LOCATED NORTH OF AZTEC DRIVE AND EAST OF NORTH PACIFIC
HIGHWAY AT 600 AND 610 NORTH PACIFIC HIGHWAY; AND GRANTING A
ZONE CHANGE FROM MARION COUNTY CR (COMMERCIAL RETAIL) ZONE TO
CITY OF WOODBURN CG (COMMERCIAL GENERAL) ZONE.
WHEREAS, the applicant, Industrial Welding Supply, Inc., submitted the following
applications: Annexation 02-01 and Zone Change 02-02; and
WHEREAS, the Woodbum Comprehensive Plan and Zoning Map have established
certain land uses within the City of Woodbum's Urban Growth Boundary; and
WHEREAS, the Woodburn City Council has reviewed the record pertaining to said
applications and heard all public testimony presented on said applications; NOW,
THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That the subject property is owned by Industrial Welding Supply, Inc. and is
legally described in Exhibit "A" which is affixed hereto and by this reference incorporated
herein.
Section 2. That the subject property is depicted on the Exhibit Map for Annexation
which is affixed hereto as Exhibit "B" and is by this reference incorporated herein.
Section 3. That based upon the Findings in Support, which is affixed hereto as Exhibit
"C" and is by this reference incorporated herein, the subject property is hereby annexed to the
City of Woodbum.
Section 4. That the Woodbum Zoning Map is hereby amended as to the property
described in Exhibit "A" to this Ordinance from Marion County CR (Commercial Retail) Zone
to City of Woodbum CG (Commercial General) Zone based upon thc Findings in Support which
is affixed hereto as Exhibit "C".
City Attorney
Approved:
Kathy Figley, Mayor
Page 'l - COUNCIL BILL NO.
ORDINANCE NO.
27
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, City Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO.
ORDINANCE NO.
9.8
EXHIBIT "A"
LEGAL DESCRIPTION
Parcel 1, Partition Plat #2002-059
Parcel 2, Partition Plat #2002-059
29
I/em,
· e'"' +--
SC.dU..E 1' = 100'
Plot file creetecl: Jul,/09, 2003
"; ' !':);:: :: :- NE1/4 NWl/4 SEC. 17 TSS R1W WM, MARION COUNTY
-'i:.': !:i:"i.i: ..: :~::: -': ~" ~: ~,.tuu~,,,~~UE~ ,..~_.,: /
IQ00
Mqom. i
AZTEC
/03 0,.'] 03 5
~UBJECT SITE
{
5
DRIVE
/03 03 03 5, ,
114 OOR
5
1800
RD
.. 8
?/
EXHIBIT "C"
FINDINGS IN SUPPORT
Annexation 02-01
Zone Change 02-02
II.
III.
APPLICATION INFORMATION:
Applicant:
RSS Architecture, P.C.
2225 Country Club Road
Woodburn, OR 97071
Property Owner:
Industrial Welding Supply, Inc.
1995 Commercial Street N.
Salem, Oregon 97303
NATURE OF APPLICATION
The applicant proposes to annex 1.15 acres of land into the City of Woodburn
and change the zoning of the property from Marion County CR (Commercial
Retail) to City of Woodburn CG (Commercial General).
RELEVANT FACTS:
The subject property consists of two parcels which are located at 600 (610) N.
Pacific Highway, further described on Marion County Assessor Maps as
Township 5 South, Range 1 West, Section 17BA, Tax Lot numbers: 4100 and
4101. The subject property is located outside of Woodburn's city limits but within
the City of Woodburn Urban Growth Boundary. Marion County zoning currently
applies to the subject property which is designated as Marion County
Commercial Retail (CR). The subject property is designated as Commercial on
the City of Woodburn Comprehensive Plan Map and is proposed to be zoned CG
(Commercial General) at the time of annexation.
The subject property is currently developed with an industrial welding supply
business that has been operating for 19 years. The subject property consists of
two parcels totaling 1.15 acres in size. No wetlands or floodplains have been
identified on the property. The subject property has street frontage on Highway
99E and Aztec Drive and is contiguous to Woodburn's city limits to the west, east
and south.
The adjacent properties to the north are located outside of the City. The
properties to the west (across Highway 99E), east, and south (across Aztec
Drive) are located in the City of Woodburn, zoned CG and designated
Annex 02-01 & ZC 02-02 - Findings in Support
Page 1
31
IV.
Commercial on the Woodburn Comprehensive Plan Map. Commercial uses are
located to the west (across Highway 99E), south and north. The property to the
east is vacant.
The applicant is proposing to annex the subject property to allow future
development on the property to occur with the benefit of city services for water,
sanitary and storm sewerage services.
This application was filed on June 28, 2002 and, therefore, must be processed
under the standards of the previous zoning ordinance and not the current
Woodburn Development Ordinance which became effective July 1,2002.
RELEVANT APPROVAL CRITERIA
ANNEXATION 02-01:
WOODBURN COMPREHENSIVE PLAN
IX. Goals and Policies B. Commercial Land Development Policies
D. Annexation Goals and Policies
H. Public Services Goals and Policies
K. Transportation Goals and Policies
L. Growth Goal
M. Growth and Urbanization Policies
B. WOODBURN TRANSPORTATION SYSTEMS PLAN
ZONE CHANGE 02-02
A. WOODBURN COMPREHENSIVE PLAN
WOODBURN ZONING ORDINANCE
1. Chapter 15 Zone Change Procedures
2. Chapter 16 Comprehensive Plan Amendment Procedures
FINDINGS:
ANNEXATION 02-01:
A. Woodburn Comprehensive Plan
FINDING: The property is designated as Commercial on the City's
Comprehensive Plan Map. It is proposed to come into the City under the
Commercial General (CG) District. The existing industrial welding supply
business is an outright permitted use in the CG zoning district.
Annex 02-01 & ZC 02-02 - Findings in Support
Page 2
32
The Comprehensive Plan goals and policies do not establish a site plan
review requirement for the annexation of developed properties. The applicant
is not proposing changes to the site as part of the annexation and zone
change request. As a result, a site plan review application has not been
made as part of this proposal, and the criteria for site plan review are not
addressed in this report. At such time that the property is annexed into the
city, then any alterations would require the site plan review process.
IX. Goals and Policies
B. Commercial Land Development Policies
B-1. The City should at all times have sufficient land to
accommodate the retail needs of the City and the surrounding
market area. The City presently has four major commercial
areas: 99E, I-5- Interchange, the downtown area and the
214/211/99E four corners intersection area. No new areas
should be established.
FINDING: The property proposed for annexation is along Highway 99E, one
of the four major commercial areas identified in the Comprehensive Plan.
Since the property is also developed with a commercial business, no new
commercial area would be established as part of the proposed annexation
and zone change.
B-4. Architectural design of commercial areas should be attractive
with a spacious feeling and enough landscaping to reduce the
visual impact of large expanses of asphalt parking areas.
FINDING: The building on the subject site is existing. Existing asphalt
parking is located on the west side of the site. A chain link fenced storage
area is located to the east of the existing building. The eastern portion of the
subject site is undeveloped. No sidewalks are located adjacent to the west
side of the subject property along Highway 99E or the south side of the
subject property along Aztec Drive. Two 20 inch diameter pine trees are
located on the north side of the subject site.
D. Annexation Goals and Policies
D-I. The goal is to guide the shape and geographic area of the City
within the urban growth boundary so the City limits:
A. Define a compact service area for the City;
B. Reflect a cohesive land area that is all contained within the
City; and
Annex 02-01 & ZC 02-02 - Findings in Support
Page 3
33
C. Provide the opportunity for growth in keeping with the
City's goals and capacity to serve urban development.
FINDING: The property is currently within the Woodburn Urban Growth
Boundary and is developed with a commercial business. Since the adjacent
properties to the north, south and west (on the opposite side of Hwy 99E) are
developed with commercial establishments as well, a compact service and
cohesive land area would be maintained.
D-2. The goal is to clearly establish the intent of each proposed
expansion of the City; to assess the proposal's conformance
with the City's plans and facility capacity and to assess its
impact on the community prior to deeming an annexation
application complete.
FINDING: The applicant is proposing to annex the subject property to allow
future development on the property to occur with the benefit of city services
for water, sanitary and storm sewerage services. The Public Works
Department commented that the capacity exists within this system to support
the site. Since the property is developed and no changes are proposed as
part of this annexation and zone change, there will be no additional impact on
the community.
D-3. The goal is to achieve greater utilization of land within the City
by:
c. Fostering an efficient pattern of urban development in the
City, maximizing the use of existing City facilities and
services, and balancing the costs of City services among
all benefited residents and development by incorporating
all territory into the City limits that will be of benefit.
FINDING: An efficient pattern of development has been established in the
area around the subject property since the subject properties and the
surrounding properties are within the urban growth boundary and are
developed. The Public Works Department commented that city services can
be provided to the subject site from the existing 8" diameter water main, 8"
diameter sanitary sewer main and the existing 15" diameter storm sewer main
within Aztec Drive.
H. Public Services Goals and Policies
H-1. Public facilities and services shall be provided at levels
necessary and suitable for existing uses. The provision for
future public facilities and services in these areas shall be
based upon (1) the time required to provide the service, (2)
Annex 02-01 & ZC 02-02 - Findings in Support
Page 4
34
reliability of service, (3) financial cost, and (4) levels of service
needed and desired.
FINDING: The Public Works Department commented that city services can
be provided to the subject site from the existing 8" diameter water main, 8"
diameter sanitary sewer main and the existing 15" diameter storm sewer main
within Aztec Drive.
K. Transportation Goals and Policies
K-1-2. Develop a street system wherein arterial streets are of
sufficient width to accommodate traffic flows without
interruption ....
FINDING: Highway 99E, a major arterial street, has an 80-foot wide right-of-
way along the subject property. Its existing improvements include 4 travel
lanes with a center turn lane. This section of roadway is of sufficient width to
accommodate the existing traffic flow from the subject site. The Oregon
Department of Transportation (ODOT) has jurisdiction over Highway 99E. A
referral was sent to ODOT on August 22, 2003. No comments have been
received from ODOT.
K-1-5.
The City shall encourage pedestrian safety and foster
pedestrian activity, and sidewalks shall be provided on all
arterial, service collector, and access streets. Where
possible, sidewalks should be detached from the curb,
separated by a minimum 4-foot side parkway strip.
FINDING: Highway 99E, adjacent to the west side of the subject property, is
classified as a major arterial in the Woodburn Transportation Systems Plan
(TSP). Aztec Drive, adjacent to the south side of the subject property, is
classified as a local residential street in the TSP. There are no sidewalks
along the subject property adjacent to these streets. Sidewalks are not being
required at this time because the applicant is not proposing any changes to
the subject property.
K-1-9. Where possible, driveway access along Highway 214 and
Highway 99E shall be consolidated to meet the driveway
density guidelines outlined in the Access Management Plan.
FINDING: There are two accesses directly onto Highway 99E from the
subject site. The Oregon Department of Transportation (ODOT) has
jurisdiction over Highway 99E. A referral was sent to ODOT on August 22,
2003. No comments have been received from ODOT.
L. Growth Goals
Annex 02-01 & ZC 02-02 - Findings in Support
Page 5
35
L-2. The goal is to assure that all expansion areas of the City are
served by public facilities and services with adequate
capacity.
FINDING: The Public Works Department commented that city services can
be provided to the subject site from the existing 8" diameter water main, 8"
diameter sanitary sewer main and the existing 15" diameter storm sewer main
within Aztec Drive.
M. Growth and Urbanization Policies
M-I. To insure that growth is orderly and efficient, the City shall
phase the needed public services in accordance with the
expected rate of growth. The extensions of the existing public
services should be in accordance with the master plans in this
Comprehensive Plan.
FINDING: The Public Works Department commented that city services can
be provided to the subject site from the existing 8" diameter water main, 8"
diameter sanitary sewer main and the existing 15" diameter storm sewer main
within Aztec Drive.
B. Woodburn Transportation Systems Plan
FINDING: As mentioned, the applicant is not proposing any changes to the
subject site at this time. Thus, the applicable goals and policies in this plan
will not be affected.
ZONE CHANGE00~I
A. Woodburn Comprehensive Plan
FINDING: Applicable goals and policies have been satisfied through the
implementation of the Woodburn Zoning Ordinance and other applicable
ordinances in affect at the time of approval. The designated land use for the
property is Commercial on the Comprehensive Plan Map, and the existing
use of an industrial welding supply business is in keeping with this
designation.
B. WOODBURN ZONING ORDINANCE
1. Chapter 15 Zone Change Procedure
Section 15.010. Amendments. A Zone Change is a reclassification
of any area from one zone or district to another, after the proposed
Annex 02-01 & ZC 02-02 - Findings in Support
Page 6
36
change has been reviewed and a recommendation made by the
Planning Commission. Such change shall be by an ordinance
enacted by the Common Council after proceedings have been
accomplished in accordance with the following provisions.
Section 15.035. Hearing Before the Planning Commission. The
Planning Commission shall hold a public hearing as described in
Chapter 7 of the Zoning Ordinance. After concluding its hearing, the
Planning Commission shall prepare a report setting forth a
summary of facts and conditions involved in the reclassification and
submit the same, together with its recommendation to the Common
Council.
Section 15.040. Hearing Before the Common Council. If the
Common Council so desires, it may hold a public hearing on any
proposed Zone Change or reclassification as provided in Chapter 7.
Any Zone Change or reclassification of property shall be by
ordinance, and shall not be passed until after the conclusion of a
public hearing held either by the Planning Commission or Common
Council. Denial of a Zone Change or reclassification shall be by
motion. The petitioner may present written or oral information to
the Common Council at the time the rezone or reclassification is
considered. Whenever any change is authorized by the Common
Council, the Official Zoning Map shall be changed as provided in
Section 4.050.
FINDING: A zone change is being requested as part of this proposal from
Marion County CR (Commercial Retail) to City of Woodburn CG (Commercial
General). The zone change is necessary in order for City zoning to be
established on the property once it is annexed from Marion County. This
zone designation is compatible with the use on the subject property as well as
with the commercial designation on the Comprehensive Plan Map.
2. Chapter 16. Comprehensive Plan Map Amendment Procedure.
Section 16.080. Burden of Proof. The following specific questions
shall be given consideration in evaluating requests regarding plan
and zoning amendments and are as follows:
(b) To support a zone change, the applicant shall:
(1) Show there is a need for the use proposed;
(2) Show that the particular piece of property in question will best
meet that need:
FINDING: The applicant states the following:
Annex 02-01 & ZC 02-02 - Findings in Support
Page 7
3'7
VI.
"...The current Comprehensive Plan designation is Commercial. The
proposed development zone, Commercial General (CG), is allowed in this
Comprehensive Plan designation. The public need for this change is to
enhance and protect public health through City of Woodburn control of
water service delivery and sanitary and storm sewerage services for future
facility development on this site. This proposal does not enhance or
diminish the CG land use zone or inventory of land so designated. It
transfers control of future development from Marion County jurisdiction to
City of Woodburn jurisdiction. The land immediately adjacent to this
property is zoned CG where under jurisdiction of the City of Woodburn
and CR where under the jurisdiction of Marion County. The petitioner
desires to have the benefit of City of Woodburn utility services for future
development that are not available without annexation into the City. This
annexation triggers the need for changing the development zone to City of
Woodburn CG zoning..."
An existing industrial building supply business has been operating on the
subject site for 19 years. The need for this business on the subject site has
been established for many years. The zoning on the property is being
changed to a City designation that best fits the existing use on the property,
complies with the Comprehensive Plan Map, and is compatible with
surrounding commercial land uses.
CONCLUSION
Based on the findings of fact contained herein all relevant approval criteria
relating to approval of Annexation 02-01 and Zone Change 02-02 have been
satisfied.
Annex 02-01 & ZC 02-02 - Findings in Support
Page 8
38
WOODBURN
lOB
January 26, 2004
TO:
FROM:
SUBJECT:
Honorable Mayor and City Council through City Administrator
Javier Perfecto, Community Relations Officer
Downtown Parking Lot Closure for February 14th Celebration
RECOMMENDATION:
It is recommended the City Council adopt the attached Ordinance prohibiting
parking in the downtown parking lot to prevent interference with the 2004
February 14th Celebration.
BACKGROUND:
The downtown merchants have asked the City for permission to use the plaza
area to promote their businesses.
DISCUSSION:
The merchants would like to families to the downtown area to celebrate
Valentine's Day. There will be food vendors and a mariachi band. The event
will be held on Saturday, February 14, 2004 from noon to 9:00 p.m. The
downtown parking lot would be closed from 10:00 p.m. on Friday, February 13,
2004 to 10:00 p.m. on Saturday, February 14, 2004.
The parking lot has been closed to traffic in the past for events such as the
Saturday Market and the September 16th Celebration. It is necessary to adopt
an ordinance to close the parking lot and allow for parking enforcement. The
downtown merchants would like to hold special events in the plaza area on an
occasional basis. This is the type of event that will be held in the new plaza,
once it is completed.
FINANCIAL IMPACT:
There is no financial impact associated with the recommended action.
Agenda Item Review: City Administrator ~
City Attorney
Finance
39
COUNCIL BILL NO.
ORDINANCE NO.
AN ORDINANCE PROHIBITING PUBLIC PLACE PARKING IN A PORTION OF THE DOWNTOWN
AREA TO PREVENT INTERFERENCE WITH OPERATION OF THE 2004 FEBRUARY 14'm
CELEBRATION, PROVIDING FOR CIVIL ENFORCEMENT, AND DECLARING AN EMERGENCY.
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Purpose. The City Council finds that the 2004 February 14~h
(Valentine's Day) Celebration serves a public purpose and is conducted on premises
open to the public. The limited clearing of public parking spaces will facilitate safe,
effective, and efficient conduct of the February 14th Celebration.
Section 2. Definitions. In addition to those definitions contained in the
"Oregon Vehicle Code," the following definitions apply:
(A) "Administrator" shall mean the City Administrator or his designee.
(B) "Public Parking Space" shall mean every public way, road, street,
thoroughfare, and place open, used or intended for use by the general public for
parking motor vehicles.
(C) "Downtown Parking Lot" shall mean the parking lot bordered by Garfield
Street on the South side, North First Street on the West Side, and West Hayes Street on
the North side and which is described as Township 5 South, Range 1 West, Section 18AB
of the Willamette Meridian, Tax Lots 2800 and 3200.
Section 3. General Provisions. In addition to the applicable sections of the
"Oregon Vehicle Code," prohibited parking, no person shall park or stand a motor
vehicle in a public parking place within the Downtown Parking Lot between the hours
of 10:00 p.m. on Friday, February 13, 2004 and 10:00 p.m. on Saturday, February 14, 2004
as posted by a lawfully erected parking limitation sign for the clearance of motor
vehicles on account of the 2004 February 14th Celebration. This section shall not apply
to vehicles which are necessary for the 2004 February 14th Celebration.
Section 4. Administration. The Administrator shall be responsible for the
installation and maintenance of applicable parking signs and for the enforcement of
this ordinance.
Section 5. Civll Infraction Assessment. A violation of any provision of this
ordinance constitutes a Class 5 civil infraction and shall be dealt with according to the
procedures established by Ordinance 1998.
Page 1 - Council Bill No.
Ordinance No.
40
Section 6. Towing and Storaae.
(A) Any motor vehicle violating the provisions of this ordinance shall constitute
a hazard to the public safety and may be towed and stored at the registered owner's
expense if left unattended. The registered owner shall be liable for the cost of towing
and storage, even if the vehicle was parked by another person.
(B) Towing and storage of any motor vehicle pursuant to this ordinance does
not preclude the issuance of a citation for violation of any provision of this ordinance.
Section 7. Disposal of Motor Vehicle. After a motor vehicle is towed under the
authority of this ordinance, it may be disposed of in the manner provided by ORS
819.180 to ORS 819.260.
Section 8. Severability. If any section, clause, or phrase of this ordinance or its
application to any statute, is determined by any court of competent jurisdiction to be
invalid or unenforceable for any reason, such determination shall not affect the validity
of the remainder of this ordinance or its application.
Section 9. Emergency Clause. This ordinance being necessary for the
immediate preservation of the public peace, health, and safety, an emergency is
declared to exist and this ordinance shall take effect immediately upon passage by the
Council and approval by the Mayor.
Approved as to form: ~/'~' ~.~D /- '~ '~- '~0(~
City Attorney Date
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant City Recorder
City of Woodburn, Oregon
Page 2-
Council Bill No.
Ordinance No.
lOC
January 20, 2004
TO:
FROM:
SUBJECT:
Mayor and City Council through City Administrator
Ben gillespie, Finance Director~)~~
Contract for On-line Lien Searches
RECOMMENDATION:
That the Council approve the attached resolution authorizing the City
Administrator to sign a contract with NetAssets Corporation to provide an on-line
lien search service.
BACKGROUND:
In the 2001 session the Oregon Legislature provided for on-line lien recording in
lieu of filing liens with the County. In fact, the legislation (ORS 93.643)
encourages cities to move to electronic recording of liens. To make electronic
filing successful, title companies must have an electronic means of accessing
the data. The firm NetAssets provides that service.
DISCUSSION:
If the Council approves, the City of Woodburn will notify the Madon County
Clerk's Office of the time and date at which electronic lien recording will take
priodty over the County Clerk Lien Record. At the same time rifle companies will
be notified of the change and instructed on how to register to view the City's
lien records.
The City will regularly transmit two updated files to NetAssets: a real property file
and a lien file. NetAssets will maintain the database created from those two
files. Title companies that want information about City liens will access the
database via the Internet. NetAssets will track how many inquiries each title
company makes and will charge the City $8.00 for each inquiry. The City will
pass that cost on to the title companies. The current charge for a lien search is
$15, and the Council has authorized charging $23.00 once the electronic filing is
implemented.
· /'2
Agenda Item Review: City Administrat~~'~ City Attorney .J~/~, ~ Finance~_,/~
42
Mayor and City Council
January 20, 2004
Page 2
NetAssets is providing this service in other 20 Oregon cities, including Newberg,
Lake Oswego, Silverton, Salem, and Portland. The title companies are
enthusiastic about being able to get the informatian an line rather than by
phone and mail.
The majority of City of Woodburn liens are for local improvement districts (LID's)
and Housing Rehab loans. This process could also be used for TIF payments that
are deferred over five yeas.
The advantage to the City is the time savings in dealing with title companies.
Rather than fielding the phone calls and responding to written requests, City
staff will send out a handful of invoices, one to each title company each month.
FINANCIAL IMPACT:
Installation of the software will cost $500, which can be charged to the Finance
budget. The $8.00 fee per inquiry will be passed on to those making the
inquiries.
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION ENTERING INTO AN AGREEMENT WITH NETASSETS
CORPORATION FOR THE PURPOSE OF PROVIDING ON-LINE L~EN SEARCHES
AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SAID AGREEMENT.
WHEREAS, the Oregon Legislature authorized electronic recording of liens (ORS
93.643); and
WHEREAS, title companies have indicated their preference to search for City liens via
the Internet; and
WHEREAS, on-line recording of liens is more economical for the City than recording
liens with Marion County; and
WHEREAS, NetAssets Corporation offers the ability to make the Cities lien records
available electronically to those customers who subscribe to their service; and
WHEREAS, 22 other Oregon Cities are currently using the NetAssets system, NOW,
THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into an Agreement with the NetAssets
Corporation for the use of their system to make City lien record available via the Internet.
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 City Administrator of the City of Woodburn is hereby authorized to
sign said Agreement on behalf of the City.
Approved as to form:~.~~/l~~~
City Attorney
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Page 1 - Council Bill No.
Resolution No.
44
Filed in the Office of the Recorder
ATTEST:
Mary Tennant City Recorder
City of Woodbum, Oregon
Page 1 - Council Bill No.
Resolution No.
415
ConduitsTM Service Agreement
PARTIES:
NETASSETS CORPORATION ("NETASSETS")
44 Club Road, Suite 300, Eugene, Oregon 97401
World Wide Web: http://www, nassets.com
City of Woodburn ("ORGANIZATION")
270 Montgomery St
Woodburn, OR 97071
EFFECTIVE DATE:
1/27/2004
RECITALS
A. NETASSETS has developed various electronic information services software and
applications, including "ConduitsTU., which is more fully described below.
B. ORGANIZATION desires to use ConduitsTM under the terms and conditions set forth
below.
AGREEMENT,,
This Agreement is made as of the date stated above, (the Eff'ective Date") and sets forth the
terms and conditions under which the online web application known as ConduitsTM will be used
by ORGANIZATION, and made available for use by NETASSETS.
1. Definitions:
1.1 "Conduitsm'' shall mean the software application used for publication of the
ORGANIZATION'S lien docket via the World Wide Web as created by NETASSETS,
including web pages, graphics, data formats, and server components.
1.2 "Intellectual Property Rights" shall mean any and all now known or hereafter known
tangible and intangible, and in any media, means and forms of exploitation throughout the
universe exploiting current or future technology yet to be developed, (a) rights associated with
works of authorship throughout the universe, including but not limited to copyrights, moral
rights, and mask-works, Co) trademark and trade name rights and similar rights, (c) trade secret
rights, (d) patents, designs, algorithms and other industrial property rights, (e) all other
intellectual and industrial property rights (of every kind and nature throughout the universe and
however designated) (including logos, "rental" rights and rights to remuneration), whether
arising by operation of law, contract, license, or otherwise, and (f) all registrations, initial
applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in
force (including any rights in any of the foregoing).
Page 1 of 8
46
ConduitsTM Service Agreement
1.3 "Upgrade(s)" shall mean one or more upgrades, updates, enhancements, error corrections,
new versions, new releases, bug fixes, patches and other modifications to Conduits*M or
Documentation.
1.4 "Transaction(s)" shall mean any search request initiated by an End-user for lien data
related to an individual property.
1.5 "End-user(s)" shall mean any individual or entity that is given access to Conduits*M by
ORGANIZATION, excluding ORGANIZATION.
1.6 "Documentation" shall mean all documents, tutorials, papers, or other materials intended
for distribution with Conduits*U for use in administration and for use by End-users of Conduits~.
1.7 "Start Date" shall mean the date on which ORGANIZATION begins using Conduits to
provide information to End-users.
2. License Grant and Restrictions
2.1 Grant. Subject to the terms of this Agreement, NETASSETS hereby grants to
ORGANIZATION, and ORGANIZATION hereby accepts, a non-transferable, non-exclusive,
terminable license to use the Documentation (and all Upgrades thereto) and to access and grant
access to End-users to Conduits~ as provided by NETASSETS, in accordance with the terms
and conditions of this agreement.
2.2 Restriction. ORGANIZATION shall not assign, license, sublicense, transfer, pledge,
lease, rent, or share ORGANIZATION'S rights under this agreement to or with any third party,
and shall not allow or enable any third party, other than End-users, to access or use Conduitsm
without prior written authorization bom NETASSETS.
3. Delivery and Payment
3.1 Delivery. NETASSETS shall provide ORGANIZATION and End-users access to the
Conduitsa~ application via the World Wide Web and provide one (1) physical copy of
administrative Documentation and up to ten (10) physical copies of End-user Documentation.
ORGANIZATION may request additional physical copies.
3.2 Payment.
3.2.1
Search Fees. ORGANIZATION agrees to pay NETASSETS $8 per each
Transaction by an End-user. NETASSETS will invoice ORGANIZATION
monthly at its address noted on page 1 of this Agreement or at such other address
as ORGANIZATION may designate by written notice to NETASSETS, and
payment will be due within fiReen (15) days of receipt of the invoice. Payments
shall be made at NETASSETS' address noted on page 1 of this Agreement or at
Page 2 of 8
47
Conduit'sm Service Agreement
such other address as NETASSETS may designate by written notice to
ORGANIZATION.
3.2.2
Startup Fee. ORGANIZATION agrees to pay NETASSETS an initial startup fee
of $500. Payment shall be made on the Start Date. NET ASSETS agrees to
waive the Startup Fee if the Conduits Start Date occurs within thirty (30) days
from the date of this document.
4. Use of Conduitsm
4.1 Prohibited Actions. ORGANIZATION shall not adopt, translate, copy or modify
Conduitsm, or the Documentation, or disassemble, decompile, reverse engineer, reverse compile,
cross compile or otherwise attempt to derive source code from ConduitsT~. ORGANIZATION
shall not create accounts for internal use of Conduits~ for any person outside of
ORGANIZATION.
4.2 Transmission of Data. ORGANIZATION shah be solely responsible for the timely and
accurate update and transmission of lien information or other data entered for access via the
Conduitsm application system, and shah promptly report any problems encountered by
ORGANIZATION or End-users in operation of or access to the ConduitsTM application.
ORGANIZATION shall transmit ah data to NETASSETS in the format(s) as mutually agreed
upon in writing during the term of this agreement.
4.3 Ownership Rights. Ownership of all Intellectual Property Rights in Conduits*M will at ah
times remain the property of NETASSETS. ORGANIZATION agrees not to remove or
obliterate any copyright, trademark or proprietary rights notices of NETASSETS or
NETASSETS's suppliers from Conduitsm or its Documentation. ORGANIZATION further
agrees to reproduce all such notices found in Conduitsm and its Documentation, and any
Upgrades thereto.
5. Term of Agreement/Termination
5.1 Term. This agreement and the license and rights granted hereunder are effective from the
Effective Date, until the date of termination under this Section 5.
5.2
Termination by ORGANIZATION. ORGANIZATION may terminate this Agreement:
5.2.1 At any time, with or without cause, effective upon 45 days prior written notice to
NETASSETS, or
5.2.2
Thirty (30) days after delivery of written notice to NETASSETS by
ORGANIZATION that NETASSETS has breached any provision of this
Agreement, ifNETASSETS has not cured such breach within the thirty (30) day
period.
5.3
Termination by NETASSETS. NETASSETS may terminate this Agreement:
Page 3 of 8
48
Conduits~ Service Agreement
5.3.1 At any time, with or without cause, effective upon 45 days prior written notice to
ORGANIZATION;
5.3.2 Immediately upon written notice to ORGANIZATION in the event of any breach
of Sections 2.2, 4.1 or 4.3; or
5.3.3
Thirty (30) days after delivery of written notice to ORGANIZATION that
ORGANIZATION has breached any provision of this Agreement other than
Sections 2.2, 4.1 or 4.3, and has not cured such breach within the thirty (30) day
period.
5.4 Actions Upon Termination.
5.4.1...
ORGANIZATION'S Actions. Upon termination ORGANIZATION shall
immediately discontinue use of and return all complete or partial copies of
Conduitsm and its Documentation, and shall delete ConduitsTM or any portion
thereof fi.om its computer libraries or electronic storage media.
5.4.2.
NETASSETS' Actions. Upon termination NETASSETS shall cease to make
available on Conduitsa~, via the World Wide Web or otherwise, data.
NETASSETS shall have no obligation to return or retransmit any data to
ORGANIZATION, and after termination may archive data solely for
NETASSETS' business purposes.
5.4.3
Survival of Remedies/Effect of Termination for Breach. Each parties' remedies
hereunder are cumulative, and termination of this Agreement shaH not bar either
party fi.om pursuing any other remedy it may have available against the other for
breach of the Agreement. The terminating party shaH not be liable to the other
party for damages or costs relating to termination pursuant to the terms and
conditions of Sections 5.2 or 5.3.
6. Warranty
6.1 Limited Warranty. NETASSETS warrants that it has title to Conduitsm and that it has
authority to grant the right of access and use herein to ORGANIZATION. NETASSETS also
warrants that, during the term of this agreement, Conduitsm shall materially conform to the
standards set forth in the Service Level Agreement attached hereto as Exhibit A. NETASSETS
makes no warranty regarding the usability, convertibility or transmission of any data.
ORGANIZATION shall promptly notify NETASSETS in writing upon the discovery of any non-
conformance with this limited warranty, and NETASSETS shaH within a reasonable time make
its best efforts to correct any non-conformance of which it has been properly notified.
ORGANIZATION AGREES THAT THE FOREGOING LIMITED WARRANTY IS IN LIEU
OF ALL OTItER WARRANTIES OF NETASSETS, AND NETASSETS DISCLAIMS ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS OR ADEQUACY FOR
P~ge 4o~8
49
ConduitsTM Sen~lce Agreement
ANY PARTICULAR PURPOSE OR USE, QUALITY, PRODUCTIVENESS OR CAPACITY,
THAT THE OPERATION OF CONDUITS*M WILL BE ERROR-FREE OR WITHOUT
INTERRUPTION, OR THAT CONDUITS*M SHALL OPERATE WITH ANY HARDWARE
OR SOFTWARE OTHER THAN AS SPECIFIED IN THE DOCUMENTATION.
6.2 Damage/Misuse. Notwithstanding the warranty provisions above, NETASSETS shall
have no warranty obligations with respect to any part or parts of Conduits*~ which have been
damaged in transit or transmission or by improper installation or operation, or by misuse, abuse
or negligent use or repair or alteration or improper storage or which may have been damaged by
use which does not conform to the specific or general instructions of NETASSETS or to the
provisions of the Documentation, or if ORGANIZATION or any third party has modified or
attempted to modify Conduits~ or if the damage has occurred due to causes external to
Conduitsm, or if ORGANIZATION has failed to properly implement changes recommended by
NETASSETS.
7. Limitation of Liability and Indemnification
7.1 Exclusion of Consequential Damages. IN NO EVENT SHALL NETASSETS BE
LIABLE FOR ANY LOSSES OF OR DAMAGE TO REVENUES, PROFITS OR GOODWILL
OR OTHER SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF
ANY KIND, RESULTING FROM ITS PERFORMANCE OR FAIl.LYRE TO PERFORM
PURSUANT TO THE TERMS OF THIS AGREEMENT, OR RESULTING FROM THE
FURNISI-IING, PERFORMANCE, OR USE OR LOSS OF ANY SOFTWARE OR OTHER
MATERIALS DELIVERED TO ORGANIZATION HEREUNDER, INCLUDING WITHOUT
LIMITATION ANY INTERRUPTION OF BUSINESS, WHETHER RESULTING FROM
BREACH OF CONTRACT OR BREACH OF WARRANTY OR OTHERWISE, EVEN IF
LICENSOR HAS BEEN ADVISED OF THE POSSIBII.ITY OF SUCH DAMAGES.
7.2 Maximum Monetary Liability for Breach of Warranty. Notwithstanding anything herein
to the contrary, the maximum aggregate amount of money damages for which NETASSETS may
be liable to ORGANIZATION under this Agreement, resulting fi.om any cause whatsoever, shall
be limited to the amounts actually paid by ORGANIZATION to NETASSETS under this
Agreement during the ninety (90) days immediately preceding the date NETASSETS is notified
in writing of a claim by ORGANIZATION for breach of warranty.
7.3 Third Party Providers. ORGANIZATION acknowledges that in connection with
Conduitsm, information will be transmitted over local exchange, interexchange and internet
backbone carrier lines and through routers, switches and other devices owned, maintained and
serviced by third party local exchange and long distance carriers, utilities, internet service
providers and others, all of which are beyond the control of NETASSETS. Accordingly,
NETASSETS assumes no liability for or relating to the delay, failure, interruption or corruption
of any data or other information transmitted in connection with use of Conduits*~.
7.4 Indemnification with Respect to End-users. NETASSETS has no contractual relationship
or other legal duty to End-user(s) and it assumes no liability with respect to the use of ConduitsT~
Page 5 of 8
5O
Conduits~ Service Agreement
by End-user(s). Accordingly, ORGANIZATION agrees to defend, indemnify, and hold
NETASSETS harmless for any losses, costs, claims, or other liabilities arising out of the use of
Conduits*M by End-users.
8. Support and Maintenance
8.1 General Support. NETASSETS shall provide to ORGANIZATION the maintenance and
support services as set forth in the Service Level Agreement.
8.2 Product Improvements.
8.2.1
NETASSETS may develop one or more Upgrades to Conduits~. Upgrades,
when released by NETASSETS, will be provided to ORGANIZATION free of
additional charge. If ORGANIZATION desires an Upgrade other than those
produced at the discretion of NETASSETS, to meet ORGANIZATION's
individual requirements, ORGANIZATION will notify NETASSETS in writing
describing the proposed new feature or enhancement. NETASSETS will respond
within ten (10) days of receipt of ORGANIZATION's request outlining the
availability, if any, of the proposed feature or enhancement and the proposed
terms under which the development of the proposed release could take place.
8.2.2
Development work undertaken at the request of the ORGANIZATION and any
resulting Upgrades shall be subject to the terms of this Agreement, subject to such
other mutually acceptable terms and conditions to which the parties may agree.
NETASSETS will use reasonable commercial efforts to provide the services as
soon as practicable and no later than the completion dates set forth in mutually
acceptable development project specifications.
9. Miscellaneous Provisions
9.1 No Assignment. Neither this Agreement nor any fights hereunder, in whole or in part,
shall be assignable or otherwise transferable by ORGANIZATION, and any purported
assignment or transfer shall be null and void.
9.2 Standard Contracting Law Provisions contained in Exhibit "A" attached hereto are
incorporated into this Agreement.
9.3 Severability. If any term or provision of this Agreement shall be found to be illegal or
unenforceable, then, notwithstanding, it will be enforced to the maximum extent permissible, and
the legality and enforceability of the other provisions of this Agreement will not be affected. It is
expressly understood and agreed that each and every provision of this Agreement which provides
for a limitation of liability or limited warranty is intended by the parties to be severable and
independent of any other provision and to be enforced as such.
9.4 Entire Agreement/Modification. This Agreement and its attachments constitute the entire
agreement between the parties concerning Conduits~ and supersede all prior agreements,
Page 6 of 8
,51
ConduitsTM Service Agreement
whether written or verbal, between the parties. No purchase order, other ordering document or
any other document which purports to modify or supplement this Agreement or any attachment
hereto shall add to or vary the terms and conditions of this Agreement, unless executed by both
NETASSETS and ORGANIZATION and expressly identified therein as a modification to this
Agreement. No amendment shall be considered to have been made to this Agreement unless it is
in writing and is executed by both parties.
9.5 Force Majeure. Neither party shall be liable or deemed to be in default for any delay or
failure in performance under this Agreement or interruption of service resulting directly or
indirectly fi-om acts of God, or any causes beyond the reasonable control of such party, including
without limitation interruption of power or communications facilities or failure of data storage
hardware or software that is not caused solely the party's acts or omission.
9.6 Governing Law, Venue, Jurisdiction. The parties agree that this Agreement shall be
governed and construed by the laws of the State of Oregon. The parties hereby submit to the
jurisdiction and venue of the Circuit Court of the State of Oregon for Lane County or, if
appropriate, the federal courts of the District of Oregon.
9.7 Number, Gender, Captions. As used herein, the singular shall include the plural, and the
plural the singular. The masculine and neuter shall each include the masculine, feminine, and
neuter, as the context requires. All captions used herein are intended solely for convenience of
reference and shall in no way limit any of the provisions of this Contract.
9.8 Attorney Fees. In the event action is instituted to enforce any term of this Agreement, the
prevailing party shall recover fi-om the losing party reasonable attorney fees incurred in such
action as set by the trial court and, in the event of appeal, as set by the appellate courts.
9.9 Notices. Any notice or other communication required or permitted to be given under this
Agreement will be in writing, will be delivered personally or by mail or express delivery,
postage prepaid, and will be deemed given upon actual delivery or, if mailed by registered or
certified mail, on the third business day following deposit in the mails, addressed to the
appropriate party at the address first set forth above. Either party may, by written notice,
designate a different address for purposes of this Agreement.
NetAssets Corporation:
By:
Rick Gates, President
City of Woodbum
By:
Page 7 of 8
52
ConduitsTM Service Agreement
Printed Name:
Title:
Page 8 of 8
53
ConduitsTM Service Agreement
EXHIBIT A
Page 1 of 3
STANDARD PUBLIC CONTRACTING LAW PROVISIONS
Contractor shall observe all applicable state and local laws pertaining to public contracts. ORS
Chapter 279 requires every public contract to contain certain provisions. Pursuant to ORS
Chapter 279, the following provisions shall be a part of this Agreement, as applicable.
Pursuant to ORS 279.312, Contractor shall make payments promptly, as due, to all
persons supplying to Contractor labor or material for the prosecution of the work
provided for in such contract. Contractor shall pay all contributions or amounts due the
Industrial Accident Fund from Contractor or any subcontractor incurred in the
performance of the contract. Contractor shall not permit any lien or claim to be filed or
prosecuted against the state, county, school district, municipality, municipal corporation
or subdivision thereof, on account of any labor or material furnished. Contractor shall
pay to the Department of Revenue all sums withheld from employees pursuant to ORS
316.167.
Pursuant to ORS 279.314, if Contractor fails, neglects or refuses to make prompt
payment of any claim for labor or services furnished to Contractor or a subcontractor by
any person in connection with the public contract as such claim becomes due, the proper
officer or officers representing the state, county, school district, municipality, municipal
corporation or subdivision thereof, as the case may be, may pay such claim to the person
furnishing the labor or services and charge the amount of the payment against funds due
or to become due the contractor by reason of such contract.
Pursuant to ORS 279.314, if Contractor or a first-tier subcontractor fails, neglects or
refuses to make payment to a person furnishing labor or materials in connection with the
public contract for a public improvement within 30 days after receipt of payment from
the public contracting agency or a contractor, Contractor or the first-tier subcontractor
shall owe the person the amount due plus interest charges commencing at the end of the
10-day period that payment is due under ORS 279.445 (4) and ending upon final
payment, unless payment is subject to a good faith dispute as defined in ORS 279.445.
The rate of interest charged to Contractor or the first-tier subcontractor on the amount
due shall equal three times the discount rate on 90-day commercial paper in effect at the
Federal Reserve Bank in the Federal Reserve district that includes Oregon on the date
that is 30 days after the date when payment was received from the public contracting
agency or from the contractor, but the rate of interest shall not exceed 30 percent. The
amount of interest may not be waived.
Pursuant to ORS 279.314, if Contractor or a subcontractor fails, neglects or refuses to
make payment to a person furnishing labor or materials in connection with the public
contract, the person may file a complaint with the Construction Contractors Board, unless
payment is subject to a good faith dispute as defined in ORS 279.445.
Pursuant to ORS 279.316, no person shall be employed for more than 10 hours in any one
day, or 40 hours in any one week, except in cases of necessity, emergency, or where the
public policy absolutely requires it, and in such cases, except in cases of contracts for
EXHIBIT A
Page 2 of 3
10.
personal services as defined in ORS 279.051, the employee shall be paid at least time and
a half pay:
Ao
For all overtime in excess of eight hours a day or 40 hours in any one week when
the work week is five consecutive days, Monday through Friday; or
For all overtime in excess of 10 hours a day or 40 hours in any one week when the
work week is four consecutive days, Monday through Friday; and
Co
For all work performed on Saturday and on any legal holiday specified in ORS
279.334.
Pursuant to ORS 279.316, in the case of contracts for personal services as defined in ORS
279.051, employees shall be paid at least time and a half for all overtime worked in
excess of 40 hours in any one week, except for individuals under these contracts who are
excluded under ORS 653.010 to 653.261 or under 29 U.S.C. sections 201 to 209 from
receiving overtime.
Pursuant to ORS 279.316, persons employed under contracts for services shall receive at
least time and a half pay for work performed on the legal holidays specified in a
collective bargaining agreement or in ORS 279.334 (1)(a)(C)(ii) to (vii) and for all time
worked in excess of 10 hours a day or in excess of' 40 hours in a week, whichever is
greater.
Pursuant to ORS 279.320, Consultant shall promptly, as due, make payment to any
person, coparmership, association or corporation, furnishing medical, surgical and
hospital care or other needed care and attention, incident to sickness or injury, to the
employees of such contractor, of all sums which Consultant agrees to pay for such
services and all moneys and sums which the contractor collected or deducted from the
wages of employees pursuant to any law, contract or agreement for the purpose of
providing or paying for such service.
Pursuant to ORS 279.320, all subject employers working under this contract are either
employers that will comply with ORS 656.017 or employers that are exempt under ORS
656.126.
Pursuant to ORS 279.445, Contractor shall include in each subcontract for property or
services entered into by Contractor and any first-tier subcontractor, including a material
supplier, for the purpose of performing a construction contract:
Ao
A payment clause that obligates Contractor to pay the first-tier subcontractor for
satisfactory performance under its subcontract within 10 days out of such amounts
as are paid to Contractor by the public contracting agency under such contract;
and
EXHIBIT A
Page 3 of 3
Bo
An interest penalty clause that obligates Contractor, if payment is not made within
30 days after receipt of payment from the public contracting agency, to pay to the
first-tier subcontractor an interest penalty on amounts due in the case of each
payment not made in accordance with the payment clause included in the
subcontract pursuant to paragraph (a) of this subsection. Contractor or any first-
tier subcontractor shall not be obligated to pay an interest penalty if the only
reason that Contractor or first-tier subcontractor did not make payment when
payment was due is that Contractor or first-tier subcontractor did not receive
payment from the public contracting agency or Contractor when payment was
due. The interest penalty shall be:
(1)
For the period beginning on the day after the required payment date and
ending on the date on which payment of the amount due is made; and
(2) Computed at the rate specified in ORS 279.314 (2).
56
IOD
January 21, 2004
TO:
FROM:
SUBJECT:
Mayor and City Council throNgh City Administrator
Public Works Directo ~'-'"~-~
Boones Ferry Road, Highway 214 to Goose Creek, Resolution of
Intent to Improve
RECOMMENDATION:
Approve the attached resolution of intent to improve Boones Ferry Road from
State Highway 214 to Goose Creek, which sets a public hearing date of
February 23, 2004 for the Local Improvement District.
BACKGROUND:
The City Council at the regularly scheduled meeting held on January 5, 2004 by
motion approved the engineering report for West Lincoln Strc, ct and directed
staff to prepare a resolution of intent to improve.
The attached resolution declares the Councils intent to make the improvement,
adopts the Local Improvement District (LID), adopts the method of assessment,
establishes a public headng date and directs the City Recorder to give notice.
The resolution contains the framework and terms that were defined in the
approved engineering repart.
The resolution sets February 23, 2004 for the public heating date which provides
staff ample time to comply with notice requirements of Ordinance No. 2105.
Notice is to be published in two publications, one week apart, in a newspaper of
general publication in the city; the first publication shall not be less then 10 days
from the public hearing date. In addition to the ordinance requirements for
notice, each property within the LID will be provided with a notice of the public
hearing and pertinent information from the resolution of intent to improve by
unregistered mail a few days prior to the hearing.
This portion of Boones Ferry Road is identified on the capital improvement
program and council has expressed the nccd for the improvement, therefore
staff is recommending approval of the resolution, which is the next procedural
step in the LID street improvement process.
Agenda Item Review: City Administrato~/~ City Attorney/~..~ Finand~
57
Mayor and City Council
January 21,2004
Page 2
·
DISCUSSION:
The attached resolution of intent corrects an error to the project cost in the
enginacring report. However, the report did not have calculation error in the
benefited property assessment amounts, or the amount of city contribution to
the project. Therefore, the error correction of project cost amount from $529,000
to $511,324 does not change any other part of the reported cost allocation.
The main pavement construction contract activities are planned to take place
during the summer period when the school is not in session. Since this project
must stay on schedule, it is likely that certain components of the project such as
undergrounding and related activities, will be accomplished ahead of the main
pavement construction contract.
The staff would like to inform the council that staff plans to have a meeting with
the benefited property owners prior to the public hearing before the council
scheduled for February 23, 2004.
FINANCIAL IMPACT:
Publication of notice estimated at $5(X).00 and the project cost as outlined in
the report.
Attachments 1) LID process and current status
2) Resolution of Intent to Improve
3) Attachment "A" showing the Project Boundary
4) Attachment "B" showing LID Boundary
58
PROCESS FOR
LOCAL IMPROVEMENT DISTRICT (LID)
PROJECT INITIATION: Project is initiated by petition or by action of the City
Council
RESOLUTION AUTHORIZING AN ENGINEERING REPORT: City
Council, by approval of a resolution, directs staff to prepare an engineers report
for the improvement
ENGINEERING REPORT APPROVAL: Engineers report contains, project
need, method of assessment, cost estimate based on preliminary engineering,
Local Improvement District (LID) boundary. The City Council may at this stage
direct staffto prepare a "Resolution of Intent to Improve".
RESOLUTION OF INTENT TO IMPROVE: LID boundary and assessments
are defined for public process. Public' hearing date set with council approval of
resolution.
ADVERTISEMENT OF PUBLIC HEARING: The City Recorder gives notice
meeting legal requirements of advertising for public hearing.
PUBLIC l]EARING: City Council holds a public hearing on the project and
receives input from the affected property owners. If, at the time of hearing,
written remonstrances are received from the owners of majority of land within the
LID, consideration of the LID must be suspended for six months.
CITY COUNCIL DECISION:
a. Direct staff to prepare an assessment ordinance
b. Direct staff make modifications to the LID
Abandon or postponement of the LID
8. ADOPTION OF THE ASSESSEMENT ORDINANCE: Funding defined.
COMPLETION OF FINAL ENGINEERING: Final engineering plans,
specifications and contract documents are completed.
10.
ADVERTISEMENT FOR BIDS AND BID AWARD: The project is advertised
and bids are received. The City Council reviews staff recommendation and
awards the contract for constructio~n to the lowest responsible bidder. (Note: City
may receive bids earlier but contract award can not take place until assessment
ordinance has been adopted)
II.
12.
CONSTRUCTION ACTIVITIES: Construction takes place under the
supervision of the City Engineer. (Note: This is the time when the public sees
project action)
FINAL ASSESSMENT ORDINANCE: Upon completion of the improvements
the final assessment process is followed. The process requires another public
hearing and explanation of payment plan time lines.
Revised 5/16/03
WE ARE HERE
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION OF INTENT TO IMPROVE BOONES FERRY ROAD FROM
STATE HIGHWAY 214 TO GOOSE CREEK, ADOPT THE~ LOCAL
IMPROVEMENT DISTRICT, ADOPT TI~F~ METHOD OF ASSESSMENT,
ESTABLISH A PUBLIC FIE~ARING DATE AND DIRECT THE CITY
RECORDER TO GIVE NOTICE.
WI~F~REAS, the City Council considers the improvement of Boones Ferry Road
fi.om State Highway 214 to Goose Creek to be necessary and beneficial; and
WFIF~REAS, The City Council has authority to initiate the Local Improvement
District improvement and procedure process as per Ordinance No. 2105, and
Wi~F~REAS, The City Council by adopting Resolution No. 1530, instructed the
City Engineer to prepare the engineering report for the improvements; and
WIIF~REAS, the City Council reviewed and approved the engineering report on
the improvement of the Boones Ferry Road Improvement on January 5, 2004; NOW,
TI~F~REFORE,
CITY OF WOODBURN RESOLVES AS FOLLOWS:
SECTION 1.
INTENT TO IMPROVI~
The City Council deems it necessary and hereby declares its intemion to
order the following improvements of Boones Ferry Road fi.om State Highway 214
to Goose Creek. The improvement Boones Ferry Road fi.om State Highway 214
to the Goose Creek (the existing improved portion) will be widened to 63 feet in
width and improved with curb and sidewalk both sides. The cross section will
provide for four lanes that taper down to three lanes at Goose Creek. The proposal
includes one travel lane in each direction, plus a southbound lane for right turns
and a center turn lane that becomes a left turn lane at the intersection. Bike lanes
and sidewalks will be provided on both sides with the improvement. The sidewalk
on the west side will be widened to seven feet, instead of the standard five feet to
provide for the increased volume of pedestrian traffic fi.om the school. The
improvement will include street lighting and the undergrounding of overhead
utilities.
PROPOSED METHOD OF FUNDINC
The funding mechanism to accomplish this project includes the following:
Page 1 - COUNCIL BILL NO.
RESOLUTION NO.
6O
A. CITY FUNDS INCLUDING ODOT PROVIDED FUNDS:
i Street CIP Funds
ii Traffic Impact Funds
111
Surface Transportation
Program (STP) Funds
From ODOT
B. ASSESSMENT AGAINST THE PROPERTIES:
Other than the city and ODOT support, it is proposed that all other
costs associated with the Boone Ferry Improvement Project, starting
approximately 50 feet north of the intersection of Highway 214, be
assessed against benefiting properties. The assessment cost is proposed to
include one third of the undergrounding of utilities to be funded.
Properties within the district that have existing curbs and/or
sidewalks adjacent to Boones Ferry Road will be credited the replacement
of improvement cost, the proposed assessments will be reduced by that
amount.
,S CT ON S.
.BOUNDARY OF TIlE PROPOSED LOCAl,
IMPROVEMENT DISTRICT-
The property subject to the assessment of this district are those properties within
the following described boundary:
Beginning at the Southwest comer of the Henrys Farm Subdivision, as recorded
in Volume 41, Page 46, Marion County Book o fTown Plats: Thence Easterly
along the south line of said subdivision to the Southeast corner thereof; Thence
Easterly along an Easterly extension of the South line of said Henry's Farm
Subdivision to a point on the West line of Lot 36, Miller Farm Subdivision,
Marion County Book of Town Plats Vol. 40, Page 24; Thence Southwesterly
along the Westerly line of said Miller Farm Subdivision to the Southwest comer
of Lot E of said subdivision; Thence Southeasterly along the South line of said
Lot E to the Southwest comer of lot 6, Northwood Plaza Addition No. 1
Subdivision as recorded in Volume 35, Page 12, Marion County Book of Town
Plats; Thence Southeasterly along the south line of said lot 6 to the Northwest
comer of lot 5 of said Northwood subdivision; Thence Southwesterly to the
Southwest comer of Lot 4 of the said Northwood Subdivision, Said point also
being on the North line of the Oregon State Highway 214. Thence Westerly along
the North line of said Highway 214 to its intersection with the Easterly line of
Boones Ferry Road; Thence Westerly to the intersection of the North line of said
Highway 214 and the Westerly line of Boones Ferry Road: Thence Westerly
along the North line of said Highway 214 to a point on the West line of that
Page 2- COUNCIL BILL NO. RESOLUTION NO.
61
certain tract of land conveyed to the Woodburn School District by instrument
recorded in Reel 1225, Page 614, Marion County Deed Records; Thence
Northerly along the said West line to the place of beginning. All being situated in
Section 7, Township 5 South, Range 1 West of the Willamette Meridian, Marion
County, Oregon.
A map of the Local Improvement District is included as Attachment "B"
SECTION 4.
PROPERTIES WITHIN Ti:IF~ LOCAl.
....I~IPROVEME~NT DISTRICT:
MARIONI
COUNTY TAX LOT # ADDRESS PROPERTY OWNER
MAP #
~051WO7CA 500 9-50 Boones Fern/ Fi;s[ Presbyterian Church of WDB
051W07CA 400 1002 Boones Ferry Boones Ferry Development Co.
051W07CA 300 1034 Boones Ferry Tyler, Marvin L
051W07CA 200 1018 Boones Ferry Caba, Nicho._!as
051W0?CA 100 1040 Boones Ferry Woodbum Ambulance Service
051WO7BD 2501 1000 Block B~rshen~le EF~{erpdses Pa~u-,e~-~; ~;y
.051W07BD 2500 1000 Block Be,~iaengle Er~terprises Partnership
.051W07BD 2400 1050 Boones Fe~-ry Cornwall Family LTD Par~er$;-~p
051W07BD 2300 10,35 Boo__.q~ Ferry Wood_bum School District No. 103C
SECTION $.
PROPERTY BENEFIT DETERMINATION:
A. BENEFITTED PROPERTIES:
o
All Properties abutting the proposed improvement of Boones Ferry
Road and utilizing it either for direct access or access through private
easement or agreement are determined to benefit from the
improvement and shall be assessed utilizing the following fair share
methods:
ao
Trip Generation, Load Allocation Method:
Front Footage, Value Allocation Method:
Lot Area. Current and Future Value and Load Allocation
Method
2. All the properties that do not adjoin the proposed Boones Ferry
Improvement but utilize Boones Ferry for access through private
Page 3 - COUNCIL BILL NO. RESOLUTION NO.
62
property by easement or agreement are determined to benefit from the
improvement and as such shall be assessed utilizing the following fair
share cost distribution method:
Trip Generation, Load Allocation Method
Lot Area, Current and Future Value and Load Allocation
Method
PROPOSED DISTRIBUTION METHOD OF PROJECT
ASSESSMENT COST
The following is proposed for the distribution of the project
assessment cost against beneffl:ing properties.
Trip Generation Method: The loading on the roadway is
directly proportional to the activities of the adjoining
properties through trip generation; therefore, it should carry
the larger portion of the project assessment cost. It is being
proposed that 60% of the project assessment cost be
allocated against trip generation units.
Front Foot~ge Method: The front footage portion of the
improvement reflects the value benefit to properties that the
improvement provides to the office/commercial type of
properties, however its impact is lower than trip generation.
Therefore, it should be kept at a lower cost sharing level. It
is being proposed that 20% of the project assessment cost
be allocated against front footage units.
Lot Area Method: The addition of existing and future
loading through development of the properties and
miscellaneous cost associated with street lighting, sewer
and storm water are reflected in area; therefore this must be
allocated similar to the front footage. It is being proposed
that 20% of the project assessment cost be allocated
against lot area units
C. PROPOSED UNIT DETERMINA'IION FOR THE METHOD
DISTRIBUTION OF PROJECT ASSESSMENT COST:
1. Trip Generation: The number of daily trips generated by a property
in the assessment district shah be used as a unit for cost distribution
purposes. Trip generation rates of the properties within the assessment
district will be based on the 6~ Edition publication of trip generation
manual by the Institute of Transportation Engineers (ITE). In the
Page 4 - COUNCIL BILL NO. RESOLUTION NO.
63
absence of trip generation data in the manual, actual or estimated trip
generation counts shall be used.
Note: The ITE manual does not provide well defined data for trip
generation of parking lot (tax lot 2500 & 2501) used by Tukwila
Medical Clinic, and therefore, these lots have been assigned an
estimated trip generation of 25 trips per day each, or a combined total
of S0 trips per day. This value will be verified in the field during a
period which reflects average volume to the facility. Adjustment will
be made to the allocated assessment amount after the study is
complete. The increase in assessment of this property, if any, will be
limited to 10 percent of the present proposed value for trip generation
load.
Lineal Front Footage: The number of feet of frontage of the
individual parcel or lot of frontage adjacent to Boones Ferry Road
improvement will be used for determining the assessable cost. The
assessment cost allocation of developed and underdeveloped property
will be alike.
Lot Area: The project assessment cost will be distributed based on the
area in square footage of the individual parcel or lot within the district.
The area cost will be calculated the same for developed or
underdeveloped property
~ ,ENGINEERS PROJECT COST ESTIMATE,,
The estimated cost of improving
Boones Ferry Road
1. Street Improvements $382,324
2. Utility Undergrounding $129,000
TOTAL PROJECT COST ~
Note: Estimated costs includes engineering, administration and contingency
SECTION 7.
OISTRmUTION OF PROJECT COST:
Ae
PROJECT COST TO BE FUNDED BY THE CITY INCLUDING
ODOT PROVIDED FUNDS
Costs that are not to be assessed
1. Boones Ferry Road Improvement
a. Capacity Cost
Page 5 - COUNCIL BILL NO. RESOLUTION NO.
$96,489
64
b. Right of Way and Easement Cost
c. Undergrounding Cost Share
(2/3 Total Cost)
d. Parking Lot Improvements
$25,000
$86,000
$17,835
SUB TOTAL
$225,324
e. Credit allowance for existing
improvements
TOTAL TO BE FUNDED BY
THE CITY AND ODOT
PROJECT COST TO BE DISTRIBUTED
AGAINST THE BENEFITED PROPERTIES
$17.676
Street improvement cost to be distributed
against the benefiting properties prior to the
city funding of existing improvement
credits =
$286,000
Note: Estimated project costs include 10 % for contingency and
10% for engineering and administration
B. DETERMINATION OF INDIVIDUAL PROPERTY
ASSESSMENT UNITS
MARION
COUNTY TAX ADDRESS AREA VEHICLE LINEAL PROPERTY OWNER
MAP # LOT # ACRES TRIPS FRONT
~ FOOTAGE
051W07CA 500 950 Boones Ferry___ 5.31 - 91.8--~----- 270 First Presbyterian Church of WDB
051W07CA 400 1002 Boones Femj__ 1.43 147.06 216 Boones Ferment Co.
051W07CA 300 1034 Boones Ferry 0.2--~----57.7--"--~---- ~ Tyler, Marvin L
1:)51WOTCA 200 1018 Boones Fe~, 0.26 56.28 89 Caba, Nicholas
051W07CA 1~ 1040 Boones Fo._~__ 1.12___~____~.~~ 119 Woodbum Ambulance Service
Bershengle Enterprises
051WO7BD 2501 1000 Block 0.48 25* 0 Partnership
Bershengle Enterprises
051VVO7BD 2500 1000 Block 0.63 25* 0 Partnership
051VV07BD 2~__~_. 1050 Boones Ferry ~ !17.6___~~ 1-'-~----~ Cornwall Family LTD Partnershi_jp__
,Woodbum School District No.
051W07BD 2300 1025 Boones Ferry 13.62 1537 995 103C
TOTAL 24.82 AC 1993.49 1873 LF
* To be verified in the field
Page 6 - COUNC/L BILL NO.
RESOLUTION NO.
65
D. DETERMINATION OF UNIT COSTS
o
1. Vehicle Trip Unit Cost
Total number vehicle trips generated
Within the entire district. =
The project assessment cost to
distributed using vehicle trips =
(60°/6 of project cost to be assessed)
Cost per vehicle trip
Front Footage Unit Cost
Total Lineal front footage of properties
within the district _--
The project assessment cost to
be distributed using property area.
(20°/6 of project cost to be assessed)
Cost per lineal foot
Area Unit Cost
Total area of properties
within the district
The project assessment cost to
be distributed using property area.
(20°/6 of project cost to be assessed)
Cost per square foot
1993.49 trips
$171,600
$86.08/trin
1873 If
$ 57,200
$30.54/!f'
1,080,680 sq. ft.
$ 57,200
SECTION 8.
CREDIT ALLOWANCE FOR EXISTING CURB AND
SH)EWALK
Properties adjacent to an existing sidewalk currently providing for pedestrian
traffic and curb within the proposed improved portion of Boones Ferry Road will
be given a credit. The credit is based on the current historical unit cost of each
property and will de deducted fi.om the assessment amount.
Page 7 - COUNCIL BILL NO.
RESOLUTION NO.
66
MARION CREDIT FOR TOTAL
COUNTY TAX ADDRESS PROPERTY OWNER EXISTING CREDIT FOR
MAP # LOT # CURB EXISTING CREDIT
SIDEWALK APPLIED TO
BE APPLIED
950 Boones FirSt Presbyterian Church
051W07CA 500 Ferry of VVDB $0.00 $0.00 $0.00
1002 Boones Boones Ferry
051W07CA i 400 Fern/ Development Co. $8.00 $0.00 $0.00
1034 Boones
051W07CA 300 Ferry ~Tyler, Marvin L $0.00 $0.00 $0.00
1018 Boones
D51WO7C, A 200 Ferr7 Caba, Nicholas $852.62 $0.00 $852.62
1040 Boones Woodbum Ambulance
051W07CA 100 Ferr~ Service $1,140.02 $0.00 $1,140.02
Be~hengle Enterprises
051W07BD 2501 1000 Block Partnership $0.00 $0.00 $0.00
Bershengle Enterprises
051W07BD 2500 1000 Block Partnership $0.o0 $o.o0 !$0.00
1050 Boones Cornwall Family LTD
051W07BD 2400 Ferr~ Partnership $_'_.268.24 $0.00 $_~68.24
1025 Boones WooGbum School District
D51W07BD 2300 Ferr~ No. 103C $5,795.90 $9,619.50 $15,415.40
TOTAL $8,056.78 $9,619.50 $17,676.28
SECTION 9. ,,INDWIDUAL ESTIMA ,T~D PROPERTY
ASSESSMENTS
PROPERTY ASSESSMENT BASED ON, TRIPS GENERATED
AND FRONT FOOTAGE AND AREA OF PROPERTY
TRIP FRONT TOTAL TOTAL POST CREDIT
ADDRESS PROPERTY GENERATION FOOTAGE LOT AREA ASSESSMENT CREDIT TO NET
OWNER ASSESSMENT ASSESSMENT ASSESSMENT AMOUNT BE APPLIED A-_$$ESSMF=NT
First
950 Presbyterian
Boones Church of
Femj WDB $ 7,904.64 $ 8,245.59 $7,900.15 $24,060.38 $0.00 $2z.,050.38
1002 Boones Ferry
Boones Development
Fer~ Co. $12,658.56 $6,596.48 $2,126.91 $21,381.95 $0.00 $21,381.~F,
1034
Ferry Tyler, Marvin $4,969.C:~ $0 $396.35 $ 5,366.01 ,$0.00 $5,386.0f
1018
Boones Caba,
Ferry Nicholas $4,~.d.64 $ 2,717.99 $388.08 $7~950.71 $852.62 $7~098.09
1040 Woodbum
Boones Ambulance
Feny Service $3,097.40 $3,634.17 $1,663.75 $8,395.32 $1,140.02 $7,255.30
Page 8 - COUNCIL BILL NO.
RESOLUTION NO.
67
IOO0
Block
1025
Bershengle
Enterprises
Partnership
Bershengle
Enterprises
Cornwall
Family LTD
Woodbum
District No.
103C
TOTAL
$2,152.00
$2,152.00
$1,515.87
$132,305.23
$171,600.00
$0
$5,619.22
57,200. O0
SECTION 10. PAYMENT PLAN FOR ASSESSMENT
A ten-year (10) payment plan is proposed for the assessment obligation.
SECTION 11. INTEREST RATE,
The Finance Director is authorized to develop a schedule and charge an interest
rate, which does not exceed one-half(I/2) percent above the estimated net
effective rate of bond sale. Currently this interest rate is estimated at about 6.0
percent.
SECTION 12.
,.FUNDING METHODS
The improvement costs for the project will be supported utilizing numerous
funding sources, the LID property assessments, ODOT surface transportation
program funds and council approved city support
SECTION 13.
MAXIMUM LIMIT OF ASSESSMENT AMOUNT
It is proposed that the individual total assessment amounts shown in this
document be fixed as the maximum amount to be assessed against the properties
for the said improvement. Any cost over runs will be absorbed by the city.
SECTION 14
._FUNDING SUMMARY
PROJECT FUNDING REQUIRED
A. BOONES FERRY ROAD IMPROVEMENT
Page 9 - COUNCIL BILL NO. RESOLUTION NO.
$ 511,324
68
CITY SUPPORT
Street CIP (including 105K ODOT
provided surface transportation funds)
Traffic Impact Fees (TIF)
CITY SUPPORT TOTAL
2. LID PROPERTY ASSESSMENTS
= $146,511
= $ 96,489
= $ 243,000
= $ 268,324
LID PROPERTY ASSESSMENTS
BOONES FERRY ROAD FUNDING TOTAL
= $ 511,324
SECTION 15
PUBLIC IIEARING
The City Council will hold a public hearing on the proposed Local Improvement
District February 23, 2004 at 7:00 PM in the City Council Chambers of the City
Hall, 270 Montgomery Street.
SECTION 16
NOTICE OF ItEARING
That the City Recorder of the City of Woodbum is hereby directed to give notice
of the City Council's intention to make the proposed improvements and notice the
public hearing as outlined in Section 15
Approved as to fonn:t:~)/~ -~ ~
City Attorney
Approved:
Passed by Council
Submitted to the Mayor
Approved by the Mayor
Filed in the office of the Recorder
Date
Kathryn Figley, Mayor
Attest:
Mary Tennant, City Recorder
City of Woodburn, Oregon
Page 10 - COUNCIL BILL NO.
RESOLUTION NO.
69
ATTACHMENT" A"
L
OVERALL
LAYOUT
ATTACHMENT "B"
MAYANNA
1025
PROPOSED
DISTRICT BOUNDARY
I05o
1040 ..
1002
PROPOSED LOCAL IMPROVEMENT
DISTRICT BOUNDARY
SCALE !" = 300'
1OE
January 20, 2004
TO: Mayor and City Council through City Administrator
FROM: /Nita Marr, Executive Assistant, through Chief of Police/
SUBJECT:~ FY 2002 Local Law Enforcement Block Grant Funds
RECOMblENDA~ION:
ApprOve acceptance of grant funds in the amount of $7,793.
BACKGROUND:
For the Federal Fiscal Year 2002, Congress has appropriated $340 million for the
continuation of the Local Law Enforcement Block Grant Program. This represents
a decrease of $78 million from the previous year. As a result, some jurisdictions
will not receive grant funds directly fram the Bureau of Justice Administration as
in years past but are Instead eligible to apply for funds through the Criminal
Justice Services Division of Oregon State Police. Woodburn is one such
jurisdiction, and has applied for and been awarded funding in the amount of
$7,793.
DISCUSSION:
The Police Department is nearing the end of the lease for four of it's marked
patrol units. The grant praject will be to purchase one of the vehicles that would
othe~vise be returned upon completion of the lease perlad. The purpose of this
project Is to provide marked vehicle support ta special details in traffic
enforcement, school related events and various other programs, same which
require a marked unit and some that although don't require it, are more
effective with a marked unit than without. In addition, it can be used as a back-
up vehicle when other marked patrol units are out of service for repair.
Agenda Item Review:
City Administrat~
City Attorney ~/~'"~
Flnanc~
72
Mayor and City Council
January 20, 2004
Page 2
FINANCIAL IMPACT:
The program budget for this project calls for $7,700 for the purchase of a used
marked unit plus $2,453 for the purchase of a light bar and lap top computer
mount. The total project budget is $10,153. LLEBG funds would cover $7,793 of
the total amount, with a match of $2,360. Match funds will come from the Police
Department's current budget for leased vehicles, line item #001.211.2111.5444.
-O-r gon
Theodore R. Kulongoski, Governor
December 5, 2003
Department of State Police
Criminal Justice Services Division
400 Public Service Building
Salem, OR 97310
(503) 378-3720
FAX (503) 378-6993
V/TrY (503) 585-1452
John C. Brown
City of Woodbum
270 Montgomery Street
Woodbum, OR 97071
Dear Mr. Brown:
Congratulations on your FY 2002 Local Law Enforcement Block Grant (LLEBG)
award°
Enclosed please find two copies of the Grant Award Conditions and
Certifications (agreement). Please have both copies of the agreement signed by
the Authorized Official (unit of local government; not the Chief or Sheriff) and
return both copies to my attention as soon as possible. Once the Director of the
Criminal Justice Services Division signs the agreements you will be sent a signed
copy for your files. Please note, grant funds cannot be awarded and sent until
the signed agreements are received.
A copy of the FY 2002 Local Law Enforcement Block Grants Management
Handbook has been sent to the Program and Fiscal contacts.
If you have any questions, please call me at (503) 378-3725 ext. 4122.
Sincerely, ·
Grants Coordinator
cc: Program contact (w/o agreements; w/handbook)
Fiscal contact (w/o agreements; w/handbook)
74
Eligible Jurisdictions and Award Amount*
O
County County Award City Award Eli~lible Amount ..
Lane (contfnued)
Juncti<:m City $ 2,098
Oakridge $ 1.05o
Ve~ela $ 1,779
Lincoln
Uncoln $ 6,178
~ $ 7,418
t_tnn
Leban(xt $ 6.486:
Sweet Home $ 3,340
_~. _theur
Ma~eur $ 3,291
Ontado : $ 6,830
Yale i$ 526
~ $ 50O
Keizer $ 9,306
Hubbmd $ 593
ML Ang~ $ 891
Sllvefton $ 2.696
,Staytcm $ 3,785
Turner $ 500
Woodl)um $ 7,793
Boardman $ 724
Trouidale $ 4,214
Independence $ 2,372
~th $ 2,370
Sherman
Sherman $ 5OO
Titlamook
Til~mook $ 3,817
Gadbak~ $ 5OO
*These jqgures represent reallocated awards based on jurisdictions who did not apply.
F~r~02 Local Law Enforcement Block Grant Application
5
WoODI uRN
January 26, 2004
TO:
Mayor and City Council through City Administrator
FROM:
SUBJECT:
Jim Mulder, Director of Community Development ~i, jl/t~,x'-I
Community Development Director's Approval o~'Zoning Adjustment
03-05.
RECOMMENDATION:
No action is recommended. This item is placed before the City Council for
information purposes in compliance with the Woodburn Development
Ordinance. The City Council may call up this item for review Jf Jt desires.
BACKGROUND:
On January 23, 2004, the Community Development Director approved a request
to vary the maximum 42 inch height of a fence on a street fronting property line
to allow for a 5 foot 2 inch (measured from grade) vinyl fence to be located on
the property line adjacent to Astor Way (1303 Umpqua Road).
The subject property is zoned Retirement Community Single Family Residential
(R1S), designated for Residential Less Than 12 Units Per Acre on the Woodburn
Comprehensive Plan Map, and is the location of a single family dwelling. The
surrounding properties are also zoned RIS, designated for Residential Less Than
12 Units Per Acre on the Woodburn Comprehensive Plan Map, and are the
location of single family homes.
The property owners are Roy and Darlene Schneider.
DISCUSSION:
None.
FINANCIAL IMPACT:
There is no financial impact associated with the recommended action.
Agenda Item Review:
City Administrate"
City Attorney
Financ~/~
76