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Agenda - 03/08/2004 WOODBURN CITY COUNCIL AGENDA MARCH 8, 2004 - 7:00 P.M. CALL TO ORDER AND FLAG SALUTE ROLL CALL e ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. "Chicana Artists: 1960 to the Present," a slide show and lecture sponsored by the Friends of the Woodburn Public Library will be presented on Sunday, March 14, af 2:00 p.m. in the Council Chambers. Teen Scene First Anniversary Open House - March 15, 4:30- 6:30 p.m. at Settlemier Park Teen Scene. C. There will be a Public Hearing on March 22, 2004 on Zone Change 03-02 (Mendenhall). Appointments: None. e PROCLAMATIONS/PRESENTATIONS Proclamations: A. Woodburn's Tulip Festival March 20 through April 20, 2004 Presentations: B. Flower Baskets Program, JoAnne Bjelland "Habr~ in~rpretes ~isponi~Ies para aq~llas person~ ~e no ~al~lan Int//~s/ previo ac~erao. Comuniq~ese a[ (5o3) 98o-:z48s." March 8, 2004 Council Agenda Page i COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn Downtown Association COMMUNICATIONS None. e Be e 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. ke Woodburn City Council minutes of February 23, 2004 Recommended Action: Approve the Woodburn City Council minutes. Be Boones Ferry Road Improvements Recommended Action: Accept the report. C. Police Department Statistics - January 2004 Recommended Action: Accept the report. D. Building Activity for February 2004 Recommended Action: Accept the report. Ee Planning Project Tracking dated March 3, 2004 Recommended Action: Accept the report. Fe Woodburn Recreation and Parks Recreation Division Program Participation Report Recommended Action: Accept the report. G. Woodburn Memorial Aquatic Center Revenue Comparison Recommended Action: Accept the report. TABLED BUSINESS None. 2 15 16 23 24 27 28 March 8, 2004 Council Agenda Page fi 10. PUBLIC HEARINGS Ae Zoning Text Amendment 04-01; a proposal to revise the text of the Woodburn Sign Ordinance (public hearing continued from February 23, 2004 City Council meeting) Recommended Action: Instruct staff to prepare an ordinance adopting the draft sign ordinance and amending the Woodburn Development Ordinance as necessary to incorporate the proposed revisions, and prepare findings to substantiate the Council's decision. 3O Be Public Hearing to Consider a Contingency Transfer Recommended Action: Conduct public hearing, receive public comment, and direct staff fo prepare an ordinance to substantiate its decision. 31 11. GENERAL BUSINESS ke Council Bill No. 2500 - Ordinance adopting a supplemental budget for fiscal year 2003-2004 and declaring an emergency Recommended Action: Adopt the ordinance. 35 Be Council Bill No. 2501 - Ordinance relating to Improvements of Boones Ferry Road from State Highway 214 and Goose Creek, adopting the Local Improvement Diskict, directing the contract award, providing for payment of costs through assessment of properties in the Local Improvement District; and declaring an emergency Recommended Action: Adopt the ordinance. 38 Ce Council Bill No. 2502 - Ordinance prohibiting public place parking in a portion of the downtown area to prevent Interference with operation of the 2004 March 21st Celebration, providing for civil enforcement, and declaring an emergency Recommended Action: Adopt the ordinance. 52 De Easements - ODOT Woodburn Sidewalk Project Recommended Action: Authorize the City Administrator to execute the Donation Agreement. 55 Ee Award of Contract - Audit Recommended Action: Award the audit contract to Boldt, Carlisle, and Smith LLC, and authorize management to conclude negotiation of the contract. 59 March 8, 2004 Council Agenda Page Fe Appointment of Administrator Pro Tem Recommended Action: Appoint Police Chief Russell as Administrator Pro Tern for the period of March 15, 2004 through March 26, 2004. 61 12. PUBLIC COMMENT 13. NEW BUSINESS 14. 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. None. 15. CITY ADMINISTRATOR'S REPORT 16. MAYOR AND COUNCIL REPORTS 17. EXECUTIVE SESSION 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). Ce To conduct deliberations with persons designated by the governing body to negotiate real property transaction pursuant to ORS 192.660(1 )(e). 18. ADJOURNMENT March 8, 2004 Council Agenda Page iv PROCLAMATION WOODBURN'S TULIP FESTIVAL March 20 thru April 20, 2004 WHEREAS, the Woodburn Tulip Festival welcomes the world to view the vast acres of brilliantly colored tulips, and WHEI~AS, the Woodburn Tulip Festival spotlights a unique, growing horticultural industry that was enjoyed last year by more than 120,000 visitors, and WHEREAS, the Woodburn Tulip Festival instills a spirit of unification and cooperation among the diverse groups of the people of the community, and WHER,~AS, the Woodburn Tulip Festival provides fun filled activities for young and old, to "tip-toe" through the tulips and enjoy the majestic view of Mt. Hood and the quality of life we Oregonians cherish. THEREFO. RE, I, Kathryn Figley, Mayor of th.e City of Woodburn, proclaim March 20 thru April 20, 2004, the official Woodburn Tulip Festival Month I hereby ask my fellow Oregonians to join me in encouraging participation and support of this beautiful event that promotes Woodburn throughout the country. t~WITNESS WHEREOF~ I hereunto set my hand and caused the City o~'~odburn to be affixed this 8th day of March, 2004. City°f ~g°'~/urn ~ ~ 8A COUNCIL MEETING MINUTES FEBRUARY 23, 2004 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, FEBRUARY 23, 2004. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0005 ROLL CALL. Mayor Figley Present Councilor Bj elland Present Councilor Cox Present Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Councilor Veliz Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Public Works Manager Rohman, Community Development Director Mulder, Police Chief Russell, Parks & Recreation Director Westriek, Finance Director Gillespie, Sr. Engineering Technician Scott, Recorder Tennant 0051 ANNOUNCEMENTS. A) Greenway Task Force - Mayor Figley announced that positions are still available for this new Task Force which is being formed to develop greenway plans within the Parks Master Plan. Private property owners along the greenway are encouraged to participate and individuals interested in being appointed to the Task Force need to contact Parks and Recreation Director Randy Westrick for an application form. B) Filing Period for Mayor and Council Positions: The filing period will begin on Friday, February 26, 2004 and conclude on Tuesday, August 24, 2004 at 5:00 p.m.. Positions to be voted upon at the November 2, 2004 general election are as follows: Mayor At-large position (2 year term) Councilor - Ward I Precinct 815 (4 year term) Councilor - Ward II Precinct 825 (4 year term) Councilor - Ward VI Precinct 865 (4 year term) C) Woodburn Public Library Board - Positions are currently open for this Board and citizens interested in serving can obtain an application form from the Mayor's office. 0244 APPOINTMENTS. Planning Commission: Mayor Figley provided background information on Richard Knoles, 1213 Goose Creek Rd, who she is appointing to Position 2 on the Planning Page 1 - Council Meeting Minutes, February 23, 2004 2 TAPE READING COUNCIL MEETING MINUTES FEBRUARY 23, 2004 Commission with his term to expire on December 31, 2007. NICHOLS/COX... approve the appointment of Richard Knoles to the Planning Commission with a term expiration date of December 31, 2007. The motion passed unanimously. Greenway Task Force: Park & Recreation Director Westrick stated that the 1999 Parks & Recreation Comprehensive Plan called for continuously publicly owned walking and bicycling pathways through the greenway. The National Park Service's Rivers, Trails, and Conservation program will be providing free technical planning assistance to the City. National Park Service consultant Alexandra Stone will be assisting our staff and Task Force in developing the plans and implementing the public involvement portion of assembling the master plan. The Task Force will have the following functions: 1) be a public sounding board for the plan; 2) assist in doing community surveys; 3) assist in doing inventory of resources; and 4) public information. A public workshop will be held in June to gather input on trails and to promote trails along the greenway. Once the plan is completed in late 2004, the Task Force will no longer be in existence as a planning group but it is hoped that these individuals will continue to be involved as a group to support trails and all of the qualities that trails can provide to a community. The Task Force is comprised of City staff, educators, health care community members, property owners, business owners, and community groups. The Task Force list before the Mayor and Council is not complete but has a sufficient number of members to move forward with the first meeting which is scheduled for March 2, 2004. Ultimately, the plan will provide a guide as to how land is acquired for greenways, how the land is developed, and how the land is managed. Once the plan is complete, staff will apply for recreational trail program funds through Oregon State Parks in addition to other granting agencies for funding pathway projects. Councilor McCallum questioned if the community clean-up listed on the Task Force work plan was a new clean-up or part of the Livability Task Force semi-annual clean-up. Director Westrick stated that they would be dove-tailing with the Livability Task Force efforts and he suggested that a member of the Livability Task Force be appointed to this committee. Councilor Cox questioned if the Task Force members actually represent the various interests or agencies or are they just affiliated with the group with no authority to speak for the interest or agency they represent. Director West'rick stated that the members are just affiliated with the interest or agency. Mayor Figley stated that a number of these members had attended an organizational meeting with Ms. Stone and were interested in serving on the Task Force. She stated that her vision for this group is that they are appointed members but if other interested persons attend the meetings they will also have the ability to participate in the discussions. The Mayor appointed the following individuals to serve on the Task Force: Dan Page 2 - Council Meeting Minutes, February 23, 2004 COUNCIL MEETING MINUTES FEBRUARY 23, 2004 TAPE READING Hoynacki, Cathy Heisen, Joan Garren, Robin Straughan, Alison Stenger, Jeane Mey, Brace Thomas, Tim Dickerson, Christopher Pister, David Ellingson, Tom Lonergan, Donovan Reyna, David Torgeson, and Jerry Simonsen. It was noted that staff is trying to get additiOnal Task Force members representing the National Audubon Society and property owners who live along the greenway. COX/BJELLAND... approve the Mayor's appointment of Greenway Task Force members as provided within the agenda packet. The motion passed unanimously. 0925 PROCLAMATION. 1) Spay Day USA - February 24, 2004. Mayor Figley proclaimed February 24, 2004 as Spay Day USA within the City and encouraged citizens to have their cats or dogs spayed or neutered or by sponsoring the spaying or neutering of another person's animal in order to reduce overpopulation of these animals within our community. 2) Girl Scout Week - March 7-13, 2004. Mayor Figley also read her proclamation declaring the week of March 7-13, 2004 as Girl Scout Week in the City of Woodbum. 1097 PRESENTATION - LIVABILITY TASK FORCE MEMBER RECOGNITION AWARDS. Mayor Figley stated that the Livability Task Force had received the statewide SOLV Community Group award because of their successful community clean-up projects and other projects such as the flower basket program. The Task Force was recognized when the SOLV representative had attended the Council meeting last fall, however, she offered another award to the Task Force for their work. She stated that the award is given to individuals who have done something special for our community. The City of Woodburn "Certificate of Accomplishment" award was presented to the following Task Force members: Lisa Ellsworth, Jane Christoff, JoAnn Bjelland, Mike Bergeron, Betty Guzman, Nancy Kirksey, Pete McCallum, and Phyllis McKean. 1357 CHAMBER OF COMMERCE REPORT Pastor Ray $ohnson, representing the Chamber of Commerce, stated that the Chamber was partnering with the Wooden Shoe Tulip Company to host a booth at the Yard Garden & Patio show at the Oregon Convention Center on February 27th through February 29th. A raffle has been put together by Woodburn area businesses as a promotional tool and it includes lodging, meals, golf, and a $500 shopping spree at the Woodbum Company Stores. Raffle tickets are $2.00 and will be sold through April 1st. He also stated that the Distinguished Service Award winners will be announced in the February 25th edition of the Woodbum Independent. This is the 50~ anniversary of the DSA and the dinner will be held March 12th at Country Meadows Village. Page 3 - Council Meeting Minutes, February 23, 2004 COUNCIL MEETING MINUTES FEBRUARY 23, 2004 TAPE READING He also introduced Stephanie Patricio and Alana Pequeno who shared their experiences as members of the Youth Leadership program which is sponsored by the Chamber. Ms. Patricio and Ms. Pequeno gave a joint presentation on the monthly programs they had attended which included touring the Juvenile Center, MacLaren School, Juvenile Court, Silverton Hospital, Head Start program, and the SettIemier House. They both expressed their appreciation for being selected to participate in this program which gives them an opportunity to learn leadership skills for the future. 1760 COMMUNICATION - Letter from United Disposal Services, Mayor Figley stated that a letter had been received from United Disposal Services, Inc. informing the City that they had donated $7,512.00 during calendar year 2003 by providing 20 90-gallon street receptacles in the downtown area which were picked up weekly by their company. She expressed her appreciation to this company who has provided a lot of community service over the years not only as a company but through its employees. 1829 CONSENT AGENDA. A) approve Council regular and executive session minutes of January 26, 2004; B) accept the Library Board minutes of January 14, 2004; C) accept the Recreation and Parks Board draf~ minutes of January 13, 2004; D) accept the Planning Commission minutes of January 8, 2004; E) accept the Planning Commission minutes of January 15, 2004; F) accept the Budget Committee draft minutes of January 31, 2004; G) accept the Library monthly report for January 2004; H) accept the claims for January 2004; I ) accept the Crime Statistics Comparison 2002-2003 report; J) accept the Building Activity report for January 2004; and H) accept the Planning Activity Tracking report dated February 3, 2004. Councilor McCallum stated that in the Council minutes of January 26, 2004, the number of curfew violations should have been 14 instead of 226. MCCALLUM/NICHOLS... adopt the consent agenda with the correction to the January 26, 2004 Council minutes. The motion passed unanimously. 1946 PUBLIC HEARING: ZONING TEXT AMENDMENT 04-01 - A PROPOSAL TO REVISE THE TEXT OF THE WOODBURN SIGN ORDINANCE. Mayor Figley stated that she had asked the Community Development Director to do a presentation in connection with this hearing in order to let the public see what is being talked about as far as size, height, content, and style, and to give the public an opportunity to ask questions without being a proponent or opponent on the proposal. Mayor Figley opened the public hearing at 7:37 p.m.. She also stated for the record that she does own a commercial building which does have a Page 4 - Council Meeting Minutes, February 23, 2004 COUNCIL MEETING MINUTES FEBRUARY 23, 2004 TAPE READING sign but she has no opinion as to whether or not this ordinance will affect her sign and she is not concerned about it since this proposal has global concern and any decision she makes will be based on public input. Community Development Director Mulder stated that he is having technical difficulties with the power point presentation and another staff member is trying to figure out what needs to be done to get the program operational. Mayor Figley declared a recess on this hearing until later in the meeting so that staff can try to resolve the computer problem. (See Tape 2 - Tape Reading 1875) 2349 PUBLIC HEARING: BOONES FERRY ROAD IMPROVEMENT. Mayor Figley declared the public hearing open at 7:40 p.m.. Public Works Director Tiwari reviewed the Local Improvement District (LID) process and this hearing has been called to receive public input either for or against the proposed improvement. In addition to the legal notice published in the local newspaper, letters were sent to all property owners identified in the Resolution of Intent informing them of this hearing and information on the LID process. To date, the only written remonstrance received was from Dr. M.L. Tyler, 1034 N. Boones Ferry Rd., and a copy of the remonstrance has been distributed to the Council at this meeting. The project boundary is from Highway 214 north to Goose Creek. The estimated project cost is $511,324 of which the City and ODOT (Oregon Dept. Of Transportation) will be funding $243,000 and the balance of $286,000 would be assessed to benefitted property owners. He reviewed the project design which includes 3 southbound travel lanes near the intersection and 1 lane traveling northbound, sidewalks, and bikelanes. The assessment of costs to properties within the assessment boundaries is a combination of trip generation (60%), front footage (20%), and land area (20%). Properties that have improvements along the front footage will be given a credit for their existing curb and sidewalk and these credits are outlined in the Resolution of Intent which was adopted by the Council on January 26, 2004. Upon completion of the improvement, benefitted property owners will be given an opportunity to participate in the Bancroft Bond re-payment program and the estimated interest rate under this program is 6%. In the event there are cost overruns, the City will absorb the additional cost and the property owners will be charged only the estimated assessment amount. He recommended that the Council authorize staff to analyze the remonstrances received and provide a recommendation for further Council action. Director Tiwari also stated that Superintendent Walt Blomberg had planned on attending this hearing but would not be here until about 8:30 pm since he had another meeting to attend. He requested that this hearing be continued until he does arrive so that he can provide public input on this improvement project. Following the staff report, the Mayor called for testimony from proponents and opponents, however, no one in the audience came before the Council to offer testimony. At 7:57 p.m., Mayor Figley held the public hearing open for the purpose of waiting for Page 5 - Council Meeting Minutes, February 23, 2004 6 COUNCIL MEETING MINUTES FEBRUARY 23, 2004 TAPE Supt. Blomberg to arrive and then allow him to provide testimony either in favor of or against the proposed improvement. Director Tiwari will provide his rebuttal statement following Supt. Blomberg's testimony and the Council will be able to ask questions prior to the closure of the hearing. (See Tape 1 - Tape Reading 6484) 3708 PUBLIC HEARING: SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2003-04 Mayor Figley declared the public hearing open at 7:58 p.m.. Finance Director Gillespie stated that the Budget Committee had reviewed the proposed supplemental budget as part of the mid-year review workshop held in January 2004. He reviewed the staff report that outlined the supplemental budget line item adjustments in revenues and expenditures. He discussed in more detail the proposed adjustments to the Police Department budget, the downtown plaza project, and water revenues. It was noted that the Council had adopted a resolution which took effect on December 1, 2003 that scaled back the originally established water rate increase taking into account the experience from the previous rate increase. He also stated that the proposed supplemental budget also includes an additional $830 in the Parks Department budget to pay off the East Hardcastle LID assessment for park property located within the boundaries of the LID. This expenditure was not included in the original report to the Budget Committee as part of their mid-year review work session. For all funds, the beginning fund balance is increased by $977,837, the revenue projections are increased by $875,451, the expenditure projections are increased by $480,845 and the operating contingencies are increased by $1,372,443. No one in the audience spoke either for or against the proposed supplemental budget. Mayor Figley declared the public hearing closed at 8:07 p.m.. NICHOLS/MCCALLUM... direct staff to prepare ordinance that will provide for a total increase in beginning fund balance of $977,837, revenues increased by $875,451, appropriations increased by $480,845, and contingencies increased by $1,372,443, as outlined in the staff report. The motion passed unarfimously. 4554 COUNCIL BILL 2498 - ORDINANCE ADOPTING A SUPPLEMi*.NTAI, BUDGET FOR FISCAL YEAR 2003-04. Councilor Sifuentez introduced Council Bill 2498. 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 2498 duly passed with the emergency clause. 4677 COUNCIL BILL 2499 - RESOLUTION AMENDING CERTAIN COMPENSATION STANDARDS FOR NON-UNION POLICE SERGEANTS. Council Bill 2499 was introduced by Councilor Sifuentez. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2499 duly passed. Page 6 - Council Meeting Minutes, February 23, 2004 COUNCIL MEETING MINUTES FEBRUARY 23, 2004 TAPE READING 4744 LIQUOR LICENSE RENEWALS FOR 2004. COX/BJELLAND... recommend to Oregon Liquor Control Commission (OLCC) the renewal of the liquor licenses for the businesses listed in the staff report for the year 2004. Councilor McCallum stated for the record that he would be voting yes on this motion even though there are individual businesses on the list that he has some concerns about. Establishments listed in the staff report are as follows: Off-Premise Sales: 7-11 Store #2353-17416B, Bi-Mart #643, Safeway Store #407, Crossroads Grocery & Deli, Salvador's Bakery I, E-Z Stop Market Grocery & Deli, Senior Estates Restaurant, Gary's Market #1, Woodbum Shop N Kart, The Raven Inn, O'Donnell Enterprises (AM-PM Mini Mart), OLCC Store #60, Su Casa Imports, Westview Texaco 1, Piper's jewelry, Woodbum Fast Serve (Woodbum Chevron), Roth's IGA Foodliner, Young Street Market, Woodburn Shell, Wal-mart, US Market, Your Northwest. Full-On-Premise Sales: Chu's Eatery, Los Cabos Mexican Restaurant, Lupita's, Eagles Lodge #3284, OGA Members Course, Elmer's Restaurant, La Sierra Restaurant, The End Zone Sports Bar, Elk's Lodge #2637, Rumors Bar & Grill & Bowers Stcakhouse, Yun Wah Chinese Restaurant Limited On-Premise Sale: Abby's Pizza Inn, Pizza Hut, Arandas Taqueria, Salvador's Bakery III, Senior Estates Restaurant, Taqueria Guadalajara, D & D Restaurant, The Raven Inn, La Unica, Shari's of Woodbum, Denny's at Woodbum, La Palapa, Woodburn Lanes, Cactus Grill, Fonzie's Deli. The vote on the motion was 5-1 with Councilor Nichols voting nay. 4878 TRANSFER OF J.M. SMUCKER COMPANY WASTEWATER DISCHARGE 5012 PERMIT AND CAPACITY WASTEWATER DISCHARGE NICHOLS/COX... approve the transfer of the most current J.M. Smucker Company wastewater discharge limits to the Sabroso Company as follows: specific permitted load limits for a maximum peak of 800,000 gallons per day of flow, 4,300 pounds per day of Biochemical Oxygen Demand (BOD), and 2,700 pounds per day of Total Suspended Solids (TSS). The motion passed unanimously. 2004 TOURISM AND ECONOMIC DEVELOPMENT GRANT AWARD. NICHOLS/SIFUENTEZ... award a 2004 Tourism and Economic Development Grant in to the Chamber of Commerce in an amount not to exceed $48,970; authorize the City Administrator to execute a fee for services agreement with the Chamber of Commerce; and authorize the City Administrator to negotiate an amendment to the agreement increasing the total grant to $50,000 to include elements of the Woodbum Downtown Associations' proposal in the Chamber's 2004 work plan. City Administrator stated that two proposals Were submitted for the grant funding with the Chamber proposal focusing on their tourism and Visitor Bureau activities and the other proposal was submitted by the Woodbum Downtown Association that would have Page 7 - Council Meeting Minutes, February 23, 2004 8 COUNCIL MEETING MINUTES FEBRUARY 23, 2004 TAPE READING developed a marketing brochure for the various Latino restaurants located in the downtown area. The Review Committee felt that the Chamber's proposal most closely reflected what the Council is trying to accomplish with this grant, however, they did like the WDA's proposal. The Committee felt that the dollars requested by the WDA were in excess of what was needed to accomplish their proposal. They suggested that staff work with the Chamber to see if it was possible to incorporate some additional aspect in the Chamber's marketing to deal with the downtown Latino restaurants and, if it is possible, add some additional grant dollars to the Chamber grant. Councilor McCallum questioned if plans are being made to open the Visitor's Bureau 7 days per week during the summer months. Jerry Wheeler, Chamber Executive Director, stated that the current Chamber budget provides for the office to be open 6-days per week during the summer months (reduced hours on Saturday) and there are no plans to open the office on Sundays during the summer months. In regards to the Oregon Garden, the Woodbum Chamber is a strong promoter of the Garden since a majority of tourists travel through Woodbum to get to the Oregon Garden and they stop at the Chamber office to obtain directions. Councilor Veliz questioned the status of the WDA proposal if it is not combined with the Chamber's grant funding. Administrator Brown stated that the WDA would need to resubmit their proposal if it is not combined with the Chamber. It was noted that the WDA proposal was for approximately $7,500 and the intent of the Committee was to blend some aspect of their proposal into the Chamber's marketing if that was possible. In order to apply for grant funds, applicants need to be a local non-profit organization. The City had sent notices of funding availability to 6 or 7 different organizations within our community, however, only two applications were received. The motion passed unanimously. 6484 CONTINUATION OF BOONES FERRY ROAD LID PUBLIC HEARING. Tape 2 Mayor Figley continued the public hearing at 8:28 p.m.. Supt. Walt Blomberg stated that the improved roadway will provide better traffic flow in front of the schools and improved entrance/exit fi.om the school property. The School District does support the proposed project and they understand that there will be some changes to their current parking lot, however, the City will be working with them to re- analyze their parking lot setup so that they do not lose any parking spaces. He expressed his appreciation in working with Director Tiwari who has involved the District throughout the process, listened to their concerns, and made some adjustments. He is confident that this project will be done well with little inconvenience as possible to the School District. Councilor McCallum thanked Supt. Blomberg for attending this hearing and providing supportive comments on the project that will improve the safety of the children walking Page 8 - Council Meeting Minutes, February 23, 2004 9 COUNCIL MEETING MINUTES FEBRUARY 23, 2004 TAPE READING to and fi.om school. Mayor Figley offered proponents and opponents of the proposed improvement another opportunity to provide testimony, however, no one in the audience spoke on this issue. Director Tiwari stated that he had been contacted by a couple of property owners during the recess of this hearing who live on the north side of the area to be improved who thought they were going to be assessed, however, since they live outside of the assessed area they left this meeting. In regards the remonstrance, Dr. Tyler objected to the traffic generation number used to calculate his share of the assessment. Dr. Tyler is stating that his business generates traffic generation of 30 rather than 57. The ordinance allows for analysis of the trip generation number by an independent professional engineer in the event the property owner feels that the trip generation number is less than the national average. Staff is willing to analyze the number if the Council so desires instead of requiring Dr. Tyler to hire an independent professional engineer to perform the analysis since it will cost Dr. Tyler more to hire the engineer than it would be to pay for his share of the assessment cost. If the staff analyzes the trip generation, it would be a basic review looking at their appointment records to determine if the trip generation number at the business to see if it is substantially less than the number which has been used fi.om the Trip Generation book from the Institute of Traffic Engineers. This national book is the standard used by the City in determining trip generation numbers for residential, commercial, and industrial uses. He also stated that he had spoken with a representative fi.om the Tukwila property who had suggested that properties within Glatt Circle also be assessed since they can exit fi.om Glatt Circle across his property to Boones Ferry Road. Staff is not proposing that Glatt Circle properties be assessed since the private roadway is not a defined legal right-of-way. He reiterated that he has informed property owners that remonstrances need to be made in writing and if no comments are made by a property owner then it is assumed that the property owner is in agreement with the proposed improvement. Councilor Cox questioned if the assessment is being made on what the owner is now using or on the potential use of the property. Director Tiwari stated that the trip generation is looked at as it is today within the zone and establishment use according to the national Trip Generation book. The average in the book is the national standard and City ordinance does allow for a traffic study to be made by a professional engineer, at the property owner's expense, and the Council can make an adjustment to the trip generation number if they agree with the professional engineer's findings. Discussion was held between Director Tiwari and the Councilors to clarify how trip generation is applied based on current and future property use. Councilor Cox questioned as to why the property located at the north end of the project and on the east side of the roadway was not being assessed. Director Tiwari stated that the property is non-buildable low land and, consistent with what has been done in the past, the City has avoided assessing property that is on non- Page 9 - Council Meeting Minutes, February 23, 2004 10 COUNCIL MEETING MINUTES FEBRUARY 23, 2004 TAPE READING buildable land. In the event vacant property is buildable, staff uses the trip generation book utilizing current zoning as the basis for the number of trips. If there is an existing business, the trip generation average is used for that type of business. Stafflooks at a combination of methods to calculate the assessment (trip generation, front footage, and area) so that property owners pay their share according to the established Council policies. In regards to the 10% adjustment, there is an area owned by Tukwila which has a secondary access and the property use is not included in the trip generation manual so staff wanted to have the ability to analyze this particular assessment after the resolution adoption date and to be able to adjust the estimated assessment by no more than 10% of the original estimate in the resolution. Mayor Figley declared the public hearing closed at 8:58 p.m.. NICHOLS/COX... direct staff to prepare an assessment ordinance. Councilor Cox stated that he feels that the Council should stay with the trip generation numbers provided by the manual since clientele of a particular business can change at anytime. The motion passed unanimously. 1875 CONTINUATION OF PUBLIC HEARING - SIGN ORDINANCE. Mayor Figley continued the public heating at 9:03 p.m.. Director Mulder stated that revising the sign ordinance was a Council goal during fiscal year 2002-03 and staff developed a revised draft which was completed in March 2003. The Mayor appointed a 9-member focus group to review the draf~ ordinance and they completed their review in November 2003. The "Final Focus Group Draft" ordinance was presented to the Planning Commission in December 2003 and a public hearing was held before the Planning Commission on January 15, 2004 to receive public input on this draft document. The Commission adopted a final order recommending Council approval of the Final Focus Group Draft ordinance subject to a revision in this draft to identify "blimps" as a prohibited sign. It was noted that the sign ordinance revision is being processed as a Type V legislative process and a periodic review task. The current sign ordinance was last revised in 1994 and the deficiencies in the current ordinance require a comprehensive revision. It is proposed that the current sign ordinance would be repealed and the proposed amendments would be incorporated in to the Woodburn Development Ordinance by adding a section containing sign regulations. He reviewed the general modifications to the sign ordinance which include (1)revisions to the definitions, (2) revisions to the permit procedures and requirements, (3) new design review requirement for pole signs and use of neon tubing on building exteriors, (4) revisions to the list of exempt and prohibited sign types, (5) new provisions allowing temporary signs on a limited basis, (6) revisions to sign regulations for all zoning districts modifying the number, are, height, and placement of signs permitted on a given piece of property, and (7) revised regulations pertaining to non-conforming signs. He stated that the revisions are consistent with the goals and policies of the Comprehensive Plan and no changes are Page 10 - Council Meeting Minutes, February 23, 2004 11 TAPE COUNCIL MEETING MINUTES FEBRUARY 23, 2004 2972 proposed that would require an amendment to the City's Comprehensive Plan. Following the staff report, Director Mulder proceeded to begin the power point presentation, however, once again, technical difficulties prohibited the use of the computer for this presentation. Mayor Figley called for a short recess at 9:17 pm and the meeting reconvened at 9:27 pm. Mayor Figley stated that the equipment was not operational, however, she offered the audience an opportunity to comment on the proposed sign ordinance revisions and stated that she would continue the public hearing to the next regular meeting at which time the presentation will be made. Alma Grijalva, 856 Gateh St., spoke on behalf of the Woodburn Chamber of Commerce and expressed their support of the process used to create the proposed sign ordinance. She thanked the Council and staff for the opportunity to work on the Focus Group and be a part of this process to develop the draft ordinance. They did have some issues that they were concerned with relating to the process and draft ordinance prepared by staffbut they felt that they were able to work through the issues as a member of the Focus Group. She urged the Council to adopt the proposed ordinance with as few changes as possible. It is also their desire to hold a workshop or seminar that would provide a forum by which the City staffwould be invited to attend and educate the business community on sign ordinance provisions and compliance issues. Charlie Piper, 2625 Meadow Lane, stated that, as a general rule, he is not in favor of sign ordinances however, since changes will be made to the existing ordinance, he has faith in the Focus Group and Planning Commission in that they have done a fair job in weighing both sides and coming up with the best case scenario. He encouraged the Council to adopt the draft ordinance as it has been presented to the Council. 3271 Richard Edmonds, owner of Woodbum Automotive and Mufflers, Hitches, & More (525 N. Pacific Hwy.), expressed his opposition to the draft ordinance. He stated that he had addressed several issues at the Planning Commission hearing and not all of his issues were answered by the staff or Commission at the heating. He has been trying to get a sign for a several years but has been declined 3 or 4 times. The proposed ordinance will decrease the size of the sign for his multiple business from 150 sq. foot to 50 sq. feet. He disagreed with the proposed ordinance language that pertains to (1) the grandfather clause only being in effect until such time as it needs repair or replacement, (2) the prohibition of the intemally illuminated awnings, (3) limitations placed on a reader board, (4) front footage determination, and (5) landscape requirements that promote installation of monument signs. In his opinion, the Focus Group was handpicked by the City and does not reflect the opinions of the businesses within the City. He objected to the proposed regulations that would further limit the ability of a business to advertise. He has been in the process of circulating a petition amongst businesses that would request the City to include their input in a new sign ordinance. Due to the amount of time it is taking him to meet with other business owners, he requested that the Council delay action on the new Page 11 - Council Meeting Minutes, February 23, 2004 12 TAPE READING COUNCIL MEETING MINUTES FEBRUARY 23, 2004 4440 sign ordinance until the businesses have a time to review the proposed ordinance and make additions or deletions to the draft ordinance. Mayor Figley stated that the heating will be continued for another two weeks and she encouraged anyone interested in providing input to contact the Community Development Department and/or attend the next regular meeting. NICHOLS/SlFUENTEZ .... continue the public hearing to March 8, 2004 at 7:00 p.m.. Councilor Bjelland stated that the reader board signs are addressed in the proposed ordinance but he did not see where the draft defined how often the reader board can change its message. Mayor Figley stated that this is one item that needs to come up under the discussion phase. Councilor Cox questioned if an off-premise sign, specifically the Fairway Motel, currently in place but the use for which the sign was originally installed is no longer there, can be rented to another individual for a totally different advertisement. In his opinion, the grandfathered sign should only be allowed as long as the underlying use for which it was originally erected is still in operation. He asked that staffprovide information on this issue at the next meeting. Councilor Bjelland agreed with Councilor Cox, however, he was interested in finding out if there were any contract issues relating to sign rental that need to be addressed in the draft ordinance. Councilor Bjelland also brought up the issue of flags since it is defined as a sign but questioned if it created limitations under the sign code. Mayor Figley called for a vote on the motion to continue the hearing and it passed unanimously. 4700 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. 4735 A) Community Development Director's approval of Partition 03-04 (1515 West Lincoln Stree0. No action was taken by the Council on this approval. MAYOR AND COUNCIL REPORTS. Councilor Bjelland stated that Mid-Willamette Valley Area Commission on Transportation (MWACT) will meet on March 4, 2004 to review and prioritize projects that need to be developed so that they may be eligible for construction in the future. Of the eight development projects being considered, two are of interest to Woodburn with one of the projects being the North Marion County interchange study and the other project being the Oregon 99E/Woodbum/Hubbard Highway improvement study. There are significant projects under review and he is unsure as to how high these projects will rate on the list of projects to be studied. He also informed the Council that he was reappointed as Vice Chair of MWACT for the next year. Page 12 - Council Meeting Minutes, February 23, 2004 13 TAPE 5236 COUNCIL MEETING MINUTES FEBRUARY 23, 2004 Councilor Sifuentez stated that there will be visitors from Japan within our community later next month and she requested ideas from the Council as to locations these individuals can visit that will be of interest to both teenagers and elders. Councilor Veliz announced that he will be stepping down from his Councilor position within the near future since he has purchased a new home in Woodbum which is located in a different Council Ward. He expressed his appreciation to the Mayor, Council, and citizens for their support during his tenure as Ward V Councilor. He plans on continuing to serve the City in whatever capacity he can since he will still be a resident of the City. Mayor Figley stated that there will be a need to appoint an individual to fill the position and she encouraged interested citizens to call her and discuss this opportunity. Councilor McCallum thanked Mayor Figley for appearing at the Relay for Life Kickoff event last week. This annual event will be held the last weekend in June and he stated that Mayor Figley has consented to lead the Mayor's walk. He also congratulated the High School Teen Scene program which is celebrating their one year anniversary today. The Middle School Teen Scene program will be celebrating their one year anniversary on March 15t~. 55O4 Mayor Figley stated that on February 20t~ she also gave a Certificate of Accomplishment to Sergei Zelenskei who also obtained the rank of Eagle Scout. She stated that he is one of two known individuals that has earned every badge that a Boy Scout can earn which is a remarkable accomplishment. Staff informed the Mayor that there was no need to hold an executive session. 5638 ADJOURNMENT. NICHOLS/SIFUENTEZ... meeting be adjourned. The meeting adjourned atl0:00 p.m.. The motion passed unanimously. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 13 - Council Meeting Minutes, February 23, 2004 WOODBUR X 8B March 4, 2004 TO: FROM: SUBJECT: Mayor and City Council through City Administrator Randy Scott, Senior Engineering Technician ~.' Boones Ferry Road Improvements Council Information For Council Information, a large diameter street tree, in the public rightof way, is to be removed with the construction of the current phase of Boones Ferry Road under construction. The tree is located on the West side of Boones Ferry lust North of Vanderbeck Lane. The tree cannot be saved, the curb alignment goes through a major portion of the root structure and it will need to be removed. This phase of Boones Ferry Road, Belween Vanderbeck Road and Hazelnut Ddve, anticipating some weather delay, should be completed by the end of March. The remaining work items yet to be completed includes, curb in front of the tree to be removed, final lift of asphaltic concrete weadng surface, street lighting and the sidewalk on the east side. FINANCIAL IMPACT: There is no financial impact by the recommended action the work performed will be a part of the current contract on Boones Ferry Road already awarded by council. Agenda Item Review: City Administrato~ City Attorney 15 WOODBURN Incorl'orate~t 8C March 4, 2004 TO: FROM: SUBJECT: RECOMMENDATION: Receive the Report BACKGROUND: Mayor and City Council through City Administrator Scott Russell, Chief of Police~'~/ Police Department Statistics - Janumy 2004 The attached report lists year to date reported offenses and arrests displayed by month. DISCUSSION: The statistics have been gathered from the Police Departments Records Management System. Previous years statistics are also displayed for comparison purposes. FINANCIAL IMPACT: None Agenda Item Review: City Administrat(~/ City Attorney ~JJL,~ Finance~ 16 Woodburn Police Dept. PAGE DATE: 3/04/2004 PL6860 TIME: 11:29:16 MONTHLY CRIMINAL OFF~SES FOR JANUARY 2004 SCC~U ORI#: OR0240500 WPD RESULTS FOR ALL OFF~SES CPL%RGE DESCRIPTION JAN TOTAL AGGRAVATED ASSAULT 1 1 AGGRAVATED MURDER 0 0 ANIMAL ORDINANCES 46 46 ARSON 1 1 ASSAULT SIMPLE 12 12 A~T~I~PTED MURDER 0 0 B~MB THREAT 0 0 BRIBERY 0 0 BURGLARY - BUSINESS 3 3 BURGLARY - OTHER STRUCTURE 3 3 BURGLARY - RESIDENCE 4 4 CHILD ADBANDO~ 1 1 CHILD NF~LECT 0 0 CI1~/ ORDINANCE 15 15 CRIME DAMAGE-NO VANDALISM OR ARSON 18 18 CURFEW 2 2 CUSTODIAL INTERFERENCE 0 0 CUSTODY - DETOX 2 2 CUSTODY - MATERIAL WITNESS 0 0 CUSTODY - M~AL 0 0 CUSTODY- PROTECITVE 1 1 DISORDERLY COND(JCT 3 3 DOCUMENTATION 0 0 DRINKING IN PUBLIC 0 0 DRIVING UNDER INFLUENCE 8 8 DRDG LAB VIOLATIONS 23 23 DRUG P/uRAPHERX~IA 0 0 DWS/REVOKED- FELONY 0 0 DWS / REVOKED-MI SD~I~OR 7 7 ELUDE 2 2 ~14BEZZI~ 0 0 ESCAPE FROM YOUR CUSTODY 0 0 EXTORTION/BLACI94AIL 0 0 F~/L TO DISPLAY OPERATORS LICENSE 6 6 FAMILY-OTHER 0 0 FORCIBLE RAPE 0 0 FORGERY/C(X~qTERFEIT ING 10 10 FRAUD - ACCCt~T CLOSED CHECK 1 1 FRAUD - BY DECEPTION/FALSE PPATENSES 1 1 FRAUD - CREDIT CARD/AUTOMATIC T~J,T.~.R MACHINE 3 3 FRAUD - IMPERSONATION 4 4 FRAUD - NO ACCOO/~T - CHECK 0 0 FRAUD - NOT SUFFICIENT FUNDS CHECK 1 1 FRAUD - OF SERVICES/FALSE PRETENSES 1 1 FRAUD - WELFARE 0 0 FRAUD - ~;IRE 0 0 F~AUD-OT~ 0 0 FUGITI-vlg ARREST FOR ANOTHER AGENCY 30 30 FURNISHING 1 1 GAMBLING - BOOKMAKING 0 0 GAMBLING - GAMES 0 0 GAMBLING - ILLEGAL DEVISES/MACHINES 0 0 l? Woodburn Police Dept. PAGE DATE: 3/04/2004 PL6860 TIME: 11:29:16 MONTHLY CRIMII~ OFFHENSES FOR ~ARY 2004 SCOTTRU ORI#: OR0240500 WPD RESULTS FOR ALL OFFH2qSES CPL%RGE DESCRIPTION JAN TOTAL GALLING - ILLEGAL PAY OFF 0 0 G~LING - NUMBERS AND L~ERY 0 0 C4kMBLING - OTHER 0 0 GARBAGE LITTERING 0 0 HIT AND RUN BY_JX3NY 0 0 HIT AND RUN-MISDE~OR 11 11 IIJ~ ALI[] - INS HOLD 0 0 II~ EST~d3LISH~ 0 0 .II/~ LI~OR-Mn/<E, SEIA, POSSESS 0 0 IM3ORTING LIQUOR 0 0 IN'rIMIDATION /C~ CRIMINAL THREAT 4 4 JUSTIFIABLE HOMICIDE 0 0 KIDNAP - FOR ADDITICX%IL CRIMII%IL POqRPOSE 2 2 KIDNAP - FOR RANSOM 0 0 KIDNAP - HI-ACK, TERRORIST 0 0 KIDNAP - HOSTAGE/SHIELD OR REMOVAL/DELAY WITNESS 0 0 LICHIqSING ORDINANCES 0 0 LI(iYJOR LAW-OTHER 0 0 LIQOOR LIC[]SE VIOLATIONS 0 0 MINOR IN POSSESSION 4 4 MINOR ON PRAISES 0 0 MISCEIJJqqEO3S 4 4 MOTOR VEHICLE ?"dEBT 18 18 NEGLIGENT HOMICIDE - TRAFFIC 0 0 N~L~LIG~2qT MANSLAUGHTER 0 0 NON CRIMIN~ DO,TIC DISTURBANCE 0 0 NON SUPPORT 0 0 OTHER 9 9 PARE{qTAL RESPONCIBILITY ORDII%INCES (SliP) 0 0 PROPER~ - FOUND IDST MISLAID 15 15 PROPF~ RFCO~ FOR OTHER AGENCY 2 2 PROSTITUTION - CC~EL 0 0 PROSTITUTION - ENGAGE IN 1 1 PROSTITUTION - OTRER 0 0 PROSTITUTION - PROFKTI~ 0 0 PUBLIC HEALTH AND SkFETY ~INANCES 28 28 RECKIJ~SS DRIVING 1 1 ROBBERY - BANK 0 0 ROBBERY - BUSINF~S 0 0 ROBBERY - C~ JACKING 1 1 ROBBERY - C(3NV.STORE 0 0 ROBBERY - HIGHLY 0 0 ROBBERY - OTHER 1 1 ROBBERY - RESIDI'/qCE 1 1 ROBBERY - SERVICE STATION 0 0 RUN~AY 17 17 SEX CRIME - CONTRIBUTE TO SEX DELIN(~OI~qCY 0 0 SEX CRIME - EXPOSER 1 1 SEX CRIME - FORCIBLE SODO~ 1 1 SEX CRIME - INCEST 0 0 SEX CRIME - MOLEST (PHYSICAL) 1 1 SEX CRIME - NON FORCE SODOMY 0 0 Woodburn Police Dept. PAGE DATE: 3/04/2004 PL6860 TIME: 11:29:16 MONTHLY CRIMINAL OFFENSES FOR JANUARY 2004 SCC~RU ORI~: 0R0240§00 WPD RESULTS FOR ALL OFF~SES CHARGE DESCRIPTION JAN TOTAL SEX CRIME - NON-FORCE RAPE 0 0 SEX CRIME - OBSCENE PHONE CALL 0 0 SEX CRIME - OTHER 0 0 SEX CRIME - PEEPING TOM 0 0 SEX CRIME - PORNOGRAPHY/OBSCENE MATERIAL 0 0 SEX CRIME - SEXUAL ASSAULT WITH AN OBJECT 0 0 STALKER 0 0 STOL~ PROPERTY - RECEIVING, BUYING, POSSESSING 2 2 SUICIDE 1 1 THEFT - BICYCLE 1 1 THEFT - BUILDING 5 5 THEFT - COIN OP MACHINE 0 0 THEFT - FROM MOTOR VEHICLE 27 27 THEFT - MOTOR VEHICLE PAR~S/ACCESSORIES 1 1 THEFt - OTHER 13 13 THEFT - PICKPOCKET 0 0 THEFT - PURSE SNATCH 1 1 THEFT - SHOPLIFT 15 15 TRAFFIC ORDINANCES 61 61 TRAFFIC VIOLATIONS 41 41 TRESPASS 6 6 UNKNOWN 0 0 VANDALISM 27 27 VEHICLE RECOVERD FOR OTHER AG~CY 2 2 WARRANT ARREST FOR OUR AGENCY 0 0 WEAPON - CARRY CONCEALED 0 0 ~ - EX EEIDN IN POSSESSION 0 0 ~ - OTHER 0 0 ~F_ABON - POSSESS IIiEGAL 1 1 ~APON - SHOOTING IN PROHIBITED AREA 0 0 WILL~ ~IP, DER 0 0 ZONING ORDINANCE 11 11 TOTAL: 547 547 2004 TOTAL: 547 0 0 0 0 0 0 0 0 0 0 0 547 2003 TOTAL: 520 0 0 0 0 0 0 0 0 0 0 0 520 2002 TOTAL: 1 0 0 0 0 0 0 0 0 0 0 0 1 PAGE Woodburn Police Dept. PL6850 DATE: 3/04/2004 TIME: 11:29:04 MONTHLY kRRESTS BY OFFENSE FOR JkNUARY 2004 SCOTTRU OPJg: 0R0240500 WPD RESULTS FORA IA CH~GES ~ ,, TCrfAL CHARGE DESCRIPTION ~ ......................... AGGRAVATED ASSAULT 0 AGGRAVATED ~/RDER 0 ~I~%L ORDINANCES 0 A~SON 0 ASSAULT SIMPLE 10 AT~D MURDER 0 ~ T~T 0 B~Y - BUSIES 0 B~Y - ~ S~U~ 0 B~Y - ~ID~E 0 CHILD ~~ 0 CHILD ~ 0 CI~ O~I~CE 2 C~ ~-NO ~D~ISM OR ~ 6 C~ 2 ~STOD~ ~~E 0 ~STODY - D~OX 2 CUSTODY - ~ 0 ~ST~Y - PR~I~ 2 DISObeY C~ 2 ~ATI~ 0 D~K~G ~ ~LIC 0 D~G ~D~ ~CE 8 DR~ ~ ~O~TI~S 30 DRUG P~~ 0 ~S/~O~D - ~ 0 ~S/~O~MISD~R 7 ~E ~ Y~ ~STODY 0 ~O~I~/B~C~L 0 ~L TO DISP~Y OP~TO~ LIC~SE 6 ~LY~ 0 ~IB~ ~E 0 ~Y/C~ITING 4 ~UD - ACC~ C~SED C~K 0 ~UD - BY D~I~/~E P~S~ 0 ~UD - C~DIT ~/A~TIC ~.~,~ ~CH~ 0 ~UD- ~TI~ 0 ~UD - N~ SU~ICI~ ~DS C~K 0 ~UD - OF S~C~/~E P~S~ 0 ~U~ 0 ~GIT~ ~T ~R ~ AG~ 32 ~ISH~G 0 ~L~G - ~ 0 ~L~G - ~ 0 ~GE LI~NG 0 H~ ~D R~ ~ 0 HIT ~D R~-MISD~OR 2 I~ ~I~ - INS HOLD 0 I~IMI~TI~ /~ C~MI~ ~T 4 KI~ - ~R ~DITI~ C~M~ PU~SE 0 KI~ - ~R ~S~ 0 0 0 0 10 0 0 0 0 0 0 0 2 6 2 0 2 0 2 2 0 0 8 30 0 0 7 0 0 0 6 0 0 4 0 0 0 0 0 0 0 32 0 0 0 0 0 2 0 4 0 0 ~;oodburn Police Dept. PAGE DATE: 3/04/2004 PL6850 TIME: 11:29:04 MONTHLY ARRESTS BY OFFENSE FOR JANUARY 2004 SCOTTRU ORI#: OR0240500 WPD RESULTS FOR ALL CHARGES CHARGE DESCRIPTION JAN TOTAL ROBBERY ROBBERY ROBBERY ROBBERY ROBBERY ROBBERY ROBBERY RI~AY KIDNAP - HI-JACK, TERRORIST KIDNAP - HOSTAGE/SHIELD OR REMO~/D~Y WITNESS LICENSING ORDINANCES MINOR IN POSSESSION MINOR ON PREMISES MISCELLANEOUS MOTOR VEHICLE THEFT NEGLIGENT HCt~ICIDE - TRAFFIC NEGLIGENT MANSLAUGHTER NON CRIMINAL DOMESTIC DISTURBANCE PAR~AL RESi~CIBILITY ORDINANCES (SVP) PROPEI~ - FOK]ND LOST MISLAID PROPERI"f RECOVER FOR OTHER AGENCY PROSTITUTICN - COMPEL PROSTITUTION - ENGAGE IN PROSTITUTION - PROMOTE FJBLIC HEALTH AND SkYETY ORDINANCES RECKLESS DRIVING ROBBERY - BANK - BUSINESS - CAR JACKING - CONV. STORE - HIGHWAY - RESIDENCE - SERVICE STATION SEX CRIME - CONniE TO SEX DELINO3~CY SEX CRIME - EXPOSER SEX CRIME - FORCIBLE SODOMY SEX CRIME - INCEST SEX CRIME - MOLEST (PHYSICAL) SEX CRIME - NON FORCE SODOMY SEX CRIME - NON-FORCE RAPE SEX CRIME - OBSCENE PHONE CALL SEX CRIME - OTHER SEX CRIME - PORNOGRAPHY/OBSCENE MATERIAL SEX CRIME - SEXUAL ASSAULT WITH AN OBJECT ST~ STOL~ PROPERTY - RECEIVING, BUYING, ~OSSESSING SUICIDE THEF~ - BICYCLE THEF~ - BUILDING THEFT - COIN OP MACHINE THEFT - ~R~ MOTOR VEHICLE THEFT - MOTOR VEHICLE PARTS/ACCESSORIES THEFT - PICKPOCKET THEFT - PURSE SNATCH THEFT - SHOPLIFT TRAFFIC ORDINANCES 0 0 0 0 0 0 5 5 0 0 0 0 2 2 0 0 0 0 0 0 9 9 0 0 0 0 1 1 0 0 0 0 0 0 0 0 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 2 0 0 0 0 0 o o 0 3 3 0 0 5 5 0 0 0 0 14 14 0 0 WoodburnPolice Dept. PAGE DATE: 3/04/2004 PL6850 TIME: 11:29:04 MONTHLY ARRESTS BY OFFENSE FOR JANUARY 2004 SCOTTRU ORI#: OR0240500 WPD RESULTS FOR ALL CHARGES CHARGE DESCRIPTION JAN TOTAL TRAFFIC VIOLATIONS TRESPASS VANDALISM VEHICLE RECOVERD FOR OTHER AGENCY WEAPON - CARRY CONCEALED WEAPON - EX FELON IN POSSESSION WEAP(]N - POSSESS ILLEGAL WEAPON - SHOOTING IN PROHIBITED AREA WILLFUL MURDER ZONING ORDINANCE 33 33 7 7 1 1 0 0 0 0 0 0 1 1 0 0 0 0 0 0 2004 TOTAL: 208 0 0 0 0 0 0 0 0 0 0 0 208 2003 TOTAL: 202 0 0 0 0 0 0 0 0 0 0 0 202 2002 TOTAL: 0 0 0 0 0 0 0 0 0 0 0 0 0 CITY OF WOODBURN Community Development 8D MEMORANDUM 270 Montgomery Street Woodbum, Oregon 97071 Date: To: From: Subject: March 2, 2004 Jim Mulder, Community Development Director Building Division Building Activity for February 2004 (503) 982-5250 2002 2003 2004 Dollar Dollar Dollar No. Amount No. Amount No. Amount New Residence Value 12 $1,598,656 7 $1,078,565 10 $1,700,119 Multi Family I $4,500,000 0 $0 0 $0 Assisted Living Facilities 0 $0 0 $0 0 $0 Residential Adds & Alts 4 $38,800 2 $4,800 3 $14,418 Industrial 0 $0 0 $0 $ Commercial Value 2 $5,542,204 4 $321,200 16 $593,976 Signs, Fences, 3 $9,095 I $2,200 I $2,500 Driveways Manufactured Homes 3 $189,558 0 $0 2 $45,000 TOTALS 25 $11,878,313 13 $1,406,765 32 $2,356,013 Fiscal Year (July 1- $48,517,077 $14,123,675 $22,626,920 June 30) to Date 23 o .o 2g W_QODBUKN IOA March 8, 2004 TO: FROM: SUBJECT: Mayor and City Council through City Administrator Jim Mulder, Director of Community Development~ V Zoning Text Amendment 04-01; a proposal to revise the text of the Woodburn Sign Ordinance (public hearing continued from February 23, 2004 City Council meeting). This item was continued by the City Council from its February 23, 2004 meeting to allow for a staff presentation of sign issues and additional public testimony. No new written information or materials are provided for this meeting. The staff report and all applicable information and materials were provided with the agenda packet for the February 23, 2004 meeting. Agenda Item Review: City Administrator ~ City Attorney Finance~ 30 WOODBURN lOB March 4, 2004 TO: FROM: SUBJECT: Mayor and City Council throug~ty Administrator Ben Gillespie, Finance Director ~~ Hearing to Consider a Contingency Transfer RECOMMENDATION: Council direct staff to return an ordinance reflecting the Council's decision following the hearing. BACKGROUND: Three recent developments necessitate revisions to the City's budget. DISCUSSION: First, the State is prepared to enter negotiations to purchase property for the expansion of the I-5/Hwy 214 interchange. Woodburn's contribution to the project is $2,500,000. The State wants the full amount paid to them at this time (Attachment 1). If the property can be purchased for less, the difference will be returned to the City. The payment can be made from the Traffic Impact Fee Fund. Second, air conditioning compressors at the Library are failing. During the summer air conditioning in that building is essential to the comfort of Library patrons. Repairs are estimated to cost $9,500, and can be paid from the General Capital Improvement Fund. Third, the City contracted with Marion County to do striping on City streets. The work was done in June, but the County did not bill until February. To pay the bill now requires a transfer from Contingencies. There is no net effect on the fund. The change merely moves the expense and the appropriation from one year to the next. Agenda Item Review: City Administrator ~_/l~ City Attorney ~_ Finance~ 31 Mayor and City Council March 4, 2004 Page 2 FINANCIAL IMPACT: The proposed revision increases appropriations by $2,515,500 and decreases Contingencies by a like amount. Adequate Fund Balance is left in the three affected funds. 82 Attn: Jolm Brown City of Woodbum 270 Montgomery ST Woodbum, OR 97071 Subject: I-50 OR214 Interchange (Woodburn) Development Agreement No.: 21374 We have programmed funds with FHWA to complete this project. City of Woodbum is to deposit their share of the right of way. Departm~ Transportation Building 355 Capitol St. NE Salem, Oregon 97301 FILE CODE: Per our agreement 21374, the Amount Du· $2,500,000.00 You may use one of the three options for payment outlined in our attachment. Please submit your advance deposit by March 20, 2004. Please return the remittnnce copy of this letter to ensure the proper project is credited. When making your advance deposit please make it based on the agreement number and not on the project number. This will allow us to transfer funds from one project phase to another. If you have any questions concerning this request please feel free to call me at (503) 986-3878. Thank you for your prompt attention to this matter. Sincerely, Jason Adams Program and Funding Services Attachments cc: Soy Honeywell Project File D l. arson, Financial Services Form 734-3122 (1-03) 33 February 20, 2004 REMITTANCE COPY Atto: $ohn Brown City of Woodburn 270 Montgomery ST Woodburn, OR 97071 Subject: I-5 @ OR214 Interchange (Woodburn) Development Agreement No.: 21374 We have programmed funds with FHWA to complete this project. Per our agreement 21374, the City of Woodburn is to deposit their share of the right of way. Amount Due $2,.q00,000.00 PLEASE REMIT Oregon Department of Transportation 3S5 Capitol Street NE, Rm. 434 Salem Or 97~01-~872 Cash: Attn.: Cub aeceipls T~chniclan LGIP: Atm.: Jason Adams 34 A 11A March 4, 2004 TO: FROM: SUBJECT: Mayor and City Council through ~City Administrator Ben Gillespie, Finance Director. I,~~ Supplemental Appropriation - Ordinance RECOMMENDATION: Council adopt the attached ordinance making contingency appropriations. BACKGROUND: Earlier this evening the Council conducted amendments. The attached ordinance, as direction to staff at the conclusion of the hearing. FINANCIAL IMPACT: The proposed revision increases appropriations Contingencies by a like amount. a hearing to consider budget amended, reflects the Council's by $2,515,500, and decreases Agenda Item Review: City Administrator~~' City Attorney ~/'~ Finance.~ 35 COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2003-2004 AND DECLARING AN EMERGENCY. WHEREAS, Oregon State Statute 294.480 allows for the adoption of a supplemental budget during a fiscal year to meet changes in financial planning, and WHEREAS, the Notice of Supplemental Budget Hearing and Financial Summary was published in the Woodburn Independent on March 3, 2004 as required under State budget law; and WHEREAS, the City Council held a public hearing on March 8, 2004 to give citizens an opportunity to comment on the proposed 2003-2004 supplemental budget, now, therefore, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That the supplemental budget for fiscal year 2003-2004 is hereby adopted as set forth below. Section 2. follows: That fiscal year 2003-2004 revenues and appropriations are adjusted as Revenues Appropriations GENERAL FUND CAPITAL IMPROVEMENT FUND: Appropriation Adjustments: Capital Outlay - Equipment Operating Contingency $ 9,500 (9,500) TRAFFIC IMPACT FEE FUND.'. Appropriations Adjustment: Capital Outlay - Construction I-5~Hwy. 214 Operating Contingency $2,500,000 (2,500,000) STREET FUND: Appropriations Adjustment: Street Striping Operating Contingency $ 6,000 (6,000) Section 3. That if any clause, sentence, paragraph, section or portion of this ordinance for any reason shall be adjudged invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the clause, sentence, paragraph, section or portion of this ordinance directly involved in the controversy in which such judgment is rendered. Page 1 - COUNCIL BILL NO. ORDINANCE NO. 36 Section 4. This ordinance being necessary for the public peace, health and safety, an emergency is declared to exist in that appropriation adjustments are necessary to meet estimated expenditures during the 2003-04 fiscal year and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Approved as to Form:~'r~_//~~ City Attorney APPROVED, KA HRYN FIGLEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Recorder City of Woodbum, Oregon Page 2 - COUNCIL BILL NO. ORDINANCE NO. 11B February 25, 2004 TO: FROM: SUBJECT: Mayor and City Council through City Administrator Public Works Directo~~_._ Boones Ferry Road Local Improvement District RECOMMENDATION: It is recommended that the City Council adopt the attached Ordinance ordering improvements to Boones Ferry Road from State Highway 214 to Goose Creek and adopting the Local Improvement District for said improvements. BACKGROUND: The City Council directed staff to prepare an Ordinance for Council action ordedng improvements to Boones Ferry Road from State Highway 214 to Goose Creek and adopting the Local Improvement Distdct (LID). The decision by the City Council was made after receiving input from the affected property owners, as required by law. DISCUSSION: One written remonstrance was received which is not sufficient to suspend the project and all legal requirements have been met, therefore staff is recommending that the ordinance be adopted as presented. The construction contract documents for the undergrounding are nearing completion and staff is preparing for advertisement. FINANCIAL IMPACT: There is $24,%000 included in the recommended 2004-2005 budget for a city contribution on this project. Attachments: Outline of LID process and current status Agenda Item Review: City Administrat~L~-~*~- ' City Attomeyj~f'/L~.~ 38 10. PROCESS FOR LOCAI, 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 staffto 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 staff to 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 HEARING: City Council holds a public hearing on thc project and receives input from thc affected property owners. It~ at thc 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: Direct staff to prepare an assessment ordinance b. Direct staff make modifications to the LID c. Abandon or postponement of the LID ADOI'TION OF THE ASSESSEMENT ORDINANCE: Funding definecL ~ COMPLETION OF FINAL ENGINEERING: Final engineering plans, specifications and contract docuxm~ts are completed. ADVERTISEMENT FOR BIDS AND BID AWARD: The project is advertised and bids are rcceivcc~ The City Council reviews staffrecornmendation and awards thc contract for construction to thc lowest responsible bidder. (Note: City may receive bids earlier but contract award can not take place until assessment ordinance has been adopted) 11. 12. CONSTRUCTION ACTMTIES: 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 hey 39 COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE RELATING TO IMPRO~MENTS OF BOONES FERRY ROAD FROM STATE HIGItWAY 214 AND GOOSE CREEK, ADOPTING TI~ LOCAL IMPROVEMENT DISTRICT, DIRECTING THE CONTRACT AWARD, PROVIDING FOR PAYMENT OF COSTS TItROUGH ASSESSMENT OF PROPERTIES IN TI~ LOCAL IM ROVEMENT DISTRICT; AND DECLARING AN EMERGENCY. WI~REAS, the City Council considers the improv~t of Boones Ferry Road from State Highway 214 to Goose Creek to be necessary and beneficial; and WltXREAS, The City Council has authority to initiate the Local Improv~ District hnprovement and procedure process a~ per Ordinance No. 2105, and WHEREAS, The City Council instructed the City Engineer to prepare the engineering report for the improve; and WI~REAS, the City Council reviewed and approved the engineering report for the improv~ to Boones Ferry Road on January 12, 2004; and WI~REAS, the City Counol by Resolution No. 1750, declared its intent to improve Boones Ferry Road through a Local Improvement Dis. tdct process, adopted the method of assessment, established a date for the public hearing; and WHEREAS, the Public Hearing was held on February 23, 2004 to receive input from affected property owners and insufficient remonstrance were received to suspend such improvement: NOW, Tmi'.REFORE THE CITY OF WOODBURN ORDAINS AS FOLLOWS: SECTION 1. INTENT TO IMPROVE PAGE The City Council deems it necessary and hereby declares its intention to order the following improv~ of Boones Ferry Road from State Highway 214 to Goose Creek. The improvement Boones Ferry Road from 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 rainy down to three lanes at Goose Creek. The proposal includes one travel lane in each direction, plus a southbound lane for right tums and a center turn lane that becomes a left mm lane at the intersection. Bike lanes and sidewalks will be provided on both sides with the improver. The sidewalk on the west side will be widened to seven feet, instead of the 1- COUNCIL BILL NO. ORDINANCE NO. 4O standard five feet to provide for the increased volume of pedestrian traffic from the school. The imProv~t will include street lighting and the undergrounding of overhead utilities. SECTION PROPOSED METHOD OF FUNDING The funding mechanism to accomplish this project includes the following: A. CITY FUNDS INCLUDING ODOT PROVIDED FUNDS: i Street CIP Funds Traffic Impact Funds Surface Transpo~on Program (STP) Funds From ODOT ASSESSMENT AGAINST THE PROPERTIES: Other than thc city and ODOT support, it is proposed that all other costs associated with the Boone Ferry Improv~t 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 improv~t cost, the proposed asses~ w~l be reduced by that amount. SECTION 3. BOUNDARY OF THE PROPOSED LOCAL IMPROVEMENT DISTRICT: The property subject to the assessment of this district are those properties within the following descnq~xl boundary. Beginning at the Southwest corner 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 PAGE 2- COUNCIL BILL NO. ORDINANCE NO. 41 Town' Plats; Thence Southeasterly along the south line of said lot 6 to the Northwest corner of lot 5 of said Northwood subdivision; Thence Southwesterly to the Southwest corner 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 certain tract of land conveyed to the Woodbum 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 Willanaette Meridian, Marion County, Oregon. A map of the Local Improvement District is included as Attachment "B" SECTION 4. PROPERTIES ~ THE LOCAL IMPROVEMENT DISTRICT: MARION COUNTY TAX LOT # ADDRESS PROPERTY OWNER MAP# 051W07CA 500 950 Boones Ferry First Presbyterian Church of WDB 051W07CA 400 1002 Boones Ferry Boones Ferry Development Co. 051W07CA 300 1034 Boones Fern/ Tyler, Marvin L 051W07CA 200 1018 Boones Ferry Caba. Nicholas ;051W07CA 100 1040 Boones Ferry Woodbum Ambulance Service 1051W07BD 2501 1000 Block Bemhengle Enterprises Partnership 051W07BD 2500 1000 Block Bershengle Enterprises Partnership 051W07BD 2400 1050 Boones Ferry Cornwall Family LTD Partnership 051W07BD 2300 1025 Boones Ferry Woodbum School District No. 103C SECTION 5. PROPERTY BENEFIT DETERMINATION: A. BENEFITTED PROPERTIES: All Properties abutting the proposed improv~t of Boones Ferry Road and utflb~ng it either for direct access or access through private easement or agreement are determined to benefit from the improv~t and shall be assessed utilizing the follow/rig fair share methods: Trip Generation, Load Allocation Method: PAGE 3- COUNCIL BILL NO. ORDINANCE NO. 42 b. Front Footage, Value Allocation Method: C. Lot Area, Current and Future Value and Load Allocation Method All the properties that do not adjoin the proposed Beeries Ferry Improv~ but utilize Boones Ferry for access through private property by easement or agreement are determined to benefit from the improv~t and as such shall be assessed utilizing the following fair share cost di~h-i'bution method: a. Trip Generation, Load Allocation Method b. Lot Area, Current and Future Value and Load Allocation Method PROPOSED DISTRIBUTION METHOD OF PROJECT ASSESSMF~T COST The following is proposed for the distn~oufion of the project assessment cost against benefiting 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. De Front Footage Method: The front footage portion of the irnprov~ reflects the value benefit to properties that the improvenm~t provides to the office/co,uiiercial 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: Tbe 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 thc front footage. It is being proposed that 20% of the project assessment cost be allocated against lot area units Cm PROPOSED UNIT DETERMINATION FOR THE ME.OD DISTRIBUTION OF PROJECT ASSESSMENT COST: Trip Generation: The number of daily trips generated by a property in the assessment ~ct shaH be used as a unit for cost dism'bufion purposes. Trip generation rates of the properties within the assessment district will be based PAGE 4- COUNCIL BILL NO. ORDINANCE NO. 43 on the 6a Edition publication of trip generation manual by the Institute of Transportation Engineers (ITE). In the absence of trip generation data in the manual, actual or estimated trip generation counts shall be used. Lineal Front Footage: The number of feet of frontage of the in~vidual parcel or lot of f~on~ge adjacent to Boones Ferry Road improv~ ~ be used for det~g the assessable cost. The assessment cost allocation of developed and underdeveloped property will be alike. Lot Area: The project assessm~t cost will be distn~uted 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 SECTION 6. ENGINEERS PROJECT COST ESTIMATE: Ao The estimated cost of improving Boones Ferry Road 1. Street Improvements 2. Utility Undergrouncling $382,324 $129,000 TOTAL PROJECT COST Note: Estimated costs includes engineering, administration and contingency SECTION 7. DISTRIBUTION OF PROJECT COST: PROJECT COST TO BE FUNDED BY THE CITY INCLUDING ODOT PROVIDED FUNDS Costs that are not to be assessed Boones Ferry Road Improvement ~ Capacity Cost b. Right of Way and Easement Cost c. Undergrounding Cost Share (2/3 Total Cost) d. Parking Lot Im~ovm~znt$ $96,489 $25,000 $86,000 $17,835 SUB TOTAL $225,324 e. Credit allowance for existing improv~ts $17,676 PAGE 5- COUNCIL BILL NO. ORDINANCE NO. 44 TOTAL TO BE FUNDED BY THE CITY AND ODOT Be PROJECT COST TO BE DISTRIBUTED AGAINST THE BENEFITED PROPERTIES Street improvement cost to be dismq~uted against the benefiting properties prior to thc city funding of existing improvement credits = $286,000 Note: Estimated project costs include 10 % for contingency and 10% for engineering and adn'dnistrafion DETERMINATION OF INDIVIDUAL PROPERTY ASSESSMENT UNITS MARION COUNTY TAX ADDRESS AREA VEHICLE UNEAL PROPERTY OWNER MAP # LOT # ACRES TRIPS FRONT FOOTAGE 051W07CA 500 950 Boones Ferry 5.31 91.83 270 First Presbyterian Church of WDB 051W07CA 400 1002 Boones Ferry 1.43 147.06 216 Boones Ferry Development Co. 051W07CA 300 1034 Boones Ferry 0.27 57.73 D Tyler, Marvin L 051W07CA 200 1018 Boones Ferry 0.26 56.28 89 Ca__ba, Nicholas 051W07CA 100 1040 Boones Ferry 1.12 35.98 119 Woodbum Ambulance Service 051W07BD 2501 1000 Block 0.48 25 0 Bershengle Enterprises Partnership 051W07BD 2500 i1000 Block 0.63 25 0 Bemhengle Enterprises Partnership 051W07BD 2400 1050 Boones Ferry 1.70 17.61 184 Cornwall Family LTD Partnership 051W07BD 2300 1025 Boones Fehy 27.23 1537 995 Woodbum School District No. 103C TOTAL 38.43 AC 1998.49 1873 LF De DETERMINATION OF UNIT COSTS Vehicle Trip Unit Cost Total number vehicle trips generated Within the entire district. Thc project assessment cost to distn'buted using vehicle trips (60% of project cost to be assessed) PAGE 6- COUNCIL BILL NO. ORDINANCE NO. = 1993.49 trips = $171,600 '[5 Cost per vehicle trip e Front Footage Unit Cost Total Lineal from footage of properties within thc district = The project assesstmm cost to be distn~outed using property area. (20% of project cost to be assessed) Cost per lineal foot Are~ Unit Cost Total area of properties within the district Thc project assessment cost to be distn~outed using property are~ (20% of project cost to be assessed) Cost per square foot 1873 If $ 57,200 1,673,793 sq. 1~. $ 57,200 SECTION 8. CREDIT ALLOWANCE FOR EXISTING CURB AND SIDEWALR' Properties adjacent to an existing sidewalk currently providing for pedestrian traffic and curb within the proposed improved portion of Boones Ferry Road wtll be given a credit. The credit is based on the current historical unit cost of each property and will de deducted from the assessment amount. MARION CREDIT FOR TOTAL COUNTY TAX ADDRESS PROPERTY OWNER EXISTING CREDIT FOR MAP # LOT # CURB EXISTING CREDIT SIDEWALK APPUED TO 950 Boones First Presbyterian Church 051W07CA 500 Ferry of WDB $0.00 $0.00 $0.00 1002 Boones Boones Ferry 051W07CA 400 Ferry Development Co. $0.00 $0.o0 $0.00 1034 Boones 051W07CA 300 Ferry Tyler, Marvin L $0.00 $0.00 $0.00 051W07CA 200 1018 Boones Caba, Nicholas $852.62 $0.00 $852.62 PAGE 7- COUNCIL BILL NO. ORDINANCE NO. 46 1040 Boones Woodbum Ambulance 051W07CA 100 Ferry Service $1,140.02 $0.00 $1,14~.02 Bershengle Enterprises 051W07BD 2501 1000 Block Partnership $0.00 $0.00 ;$0.00 Bershengle Enterprises 051W07BD 2500 1000 Block Partnership $0.00 $0.00 $0.00 1050 Boones Cornwall Family LTD 051W07BD 2400 Ferry Partnership $268.24 $5.00 $268.24 1025 Boones Woodbum School District 051W07BD 2300 Fern/ No. 103C $5,795.90 $9,619.50 $15,415.40 TOTAL $8,056.78 $9,619.50 $17,676.28 SECTION 9. INDIVIDUAL ESTIMATED 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 ASSESSMENT First 950 Presbyteria Boones n Church Ferry of WDB $ 7,904.64 $ 8,245.59 $7,900.15 $24,050.38 $0.00 $24,050.38 Boones 1002 Ferry Boones Developme Ferry nt Co. $12,658.56 $6,596.48 $2,126.91 $21,381.95 $0.00 $21~381.95 1034 Boones Tyler, Ferry Marvin $4,969.66 $0 $396.35 $ 1018 Boones Caba, Ferry Nicholas $4,844.64 $ 2,717.99 $388.08 $7,9~0.7'1 $852.62 $7~,0~.0~ 1040 Woodbum Boones Ambulance Ferry Service $3,097.40 $3,634.17 $1,663.75 $8~395.32 $1,140.02 Bershengle :1000 Enterprises Block Partnemhip$2,152.00 $0 $714.51 $2~a60.~1 $0.00 Bershengle 1000 Enterprises Block Partnership $2,152.00 $0 $937.83 1050 Comwall Boones Family LTD Ferry Partnership $1,515.87 $5,619.22 $2,534.51 $ ~66~.60 $268.24 $~,40'1.3~ PAGE 8- COUNCIL BILL NO. ORDINANCE NO. 47 Woodbum 1025 School Boones District No. Ferry 103C $132,305.23 $30,386.55 $40,537.91 $203,229.69.$15,415.40 $'187,8t4.29 $ TOTAL $171,600.00 57,200.00 57,200.00 $~88,000.00~ $17,676.28 $268,323.72 SECTION 10. PAYMENT PLAN FOR ASSESSMENT The final assessments under this Local Improvement District may be over a period often (10) years pursuant to ORS Chapter 223 SECTION 11. INTgREST RATg The interest r~te is hereby set at 5.89% SECTION 12. FUNDING METHODS The improv~ 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 ASSl~SSMENT AMOUNT It is proposed that the individual total assessment amounts shown in thi,~ document be fixed as the maximum amount to be assessed against the properties for the said improven~t. Any cost over runs will be absorbed by the city. SECTION 14. FUNDING SUMMARY PROJECT FUNDING REQUIRED A. BOON-ES FERRY ROAD IMPROVEMENT 1. CITY SUPPORT Street CIP (including 105K ODOT provided surface transportation funds) Traffic Impact Fees (TI~ CITY SUPPORT TOTAL 2. LID PROPERTY ASSESSMENTS $ 511,324 $146,:511 $ 96,499 $ 243,000 $ 268,324 LID PROPERTY ASSESSMENTS PAGE 9- COUNCIL BILL NO. ORDINANCE NO. 48 BOON-ES FERRY ROAD FUNDING TOTAL -- $ ~11,324 SECTION 15 CONTRACT METHOD. The contract award will be in conformance with public contracting laws of the State of Oregon as outlined in ORS Chapter 279 and the laws, regulations of the City of Woodbum. SECTION 16 AUTHORIZATION OF BOND SALE Staff is hereby authorized to utilize interfund borrowing until bond sale is needed. Thc Finance Director is further authorized to proceed with thc sale of bonds and/or thc issuance of general improv~ warfares to firmnce the assessment portion of the project when needed. SECTION 17 DECLARING AN EMERGENCY This ordinance being necessary for the inmaediate preservation of the public peace, health, and safety, so that a construction contract may be awarded without delay, an emergency is declared to exist and this ordinance shall take effect ~ely upon passage by the Counc~ and approval by the mayor. Approvext as to forn_~, r~~ City Attom~ Approved: Kathryn Figley, Mayor Passed by Counc~ 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 10- COUNCIL BILL NO. ORDINANCE NO. 49 50 11C March 8, 2004 TO: FROM: SUBJECT: Honorable Mayor and City Council through City Administrator Javier Perfecto, Community Relations Officer _~w/ Downtown Parking Lot Closure for March 21 st 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 March 21 st Celebration. BACKGROUND: The downtown merchants have asked the City for permission to use the plaza area to promote fheir businesses. DISCUSSION: The merchants would like to bring families to the downtown area to celebrate the beginning of spring. There will be food vendors and music. The event will be held on Sunday March 21, 2004 from noon to 9:00 p.m. The downtown parking lot would be closed from 10:00 p.m. on Saturday', March 20, 2004 to 10:00 p.m. on Sunday, March 21, 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 Administrata~'~ City Attorney 52 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 MARCH 21sT 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 March 21st (Spring Begins}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 March 21st Celebration. Section2. 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 Provision,~t 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 Saturday, March 20, 2004 and 10:00 p.m. on Sunday, March 21,2004 as posted by a lawfully erected parking limitation sign for the clearance of motor vehicles on account of the 2004 March 21st Celebration. This section shall not apply to vehicles which are necessary for the 2004 March 21st 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. Civil 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. Section 6. Towin~i 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. Severabilitv. 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: 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. 11D March 4, 2004 TO: FROM: SUBJECT: Mayor and City Council through City Administrator David Torgeson, Assistant City Engineer ~ ,, /. Easements - ODOT Woodbum Sidewalk Project RECOMMENDATION: Authorize the City Administrator to execute the Donation Agreement BACKGROUND: ODOT Has prepared design for new sidewalk in Highway 214, near Woodburn High School. Easements are needed from the city to perform widening on the south side of the highway, in the vicinity of Woodburn Mill Creek Sewer Pump Station. Two permanent easements are sought: one for slopes, drainage and utilities. A second easement for planting and maintenance of vegetated area is included. The former easement contains 1,524 square feet. The latter, 260 square feet. DISCUSSION: With return of signed Donation Agreement to ODOT Region 2 Right-of-Way, ODOT will prepare and forward transferring documents for fudher action by the city. FINANCIAL None ATTACHMENTS: General Information Notice Donation Agreement Map Agenda Item Review: City Administrator~"''/ City Attorney A/'/~ ~> Financ 55 -OFe-gon Theodore R. Kulongoski, Governor February 13,2004 Department of Transportation Region 2 Right of Way 455 Airport Road SE, Bldg A Salem OR 97301-5397 Phone: (503) 986-2601 FAX: (503) 986-2622 FILE CODE: City of Woodburn File No.: 270 Montgomery St Section: Woodburn, OR. 97071 Highway: County: FAP#: 7117004 Woodburn-Mt. Angel Ph 2 (OTIA) Hillsboro-Silverton Marion N/A GENERAL INFORMATION NOTICE The Oregon Department of Transportation has been authorized to acquire right-of-way for improvement of the Woodburn-Mt. Angel Ph 2 (OTIA) Section of the Hillsboro-Silverton Highway in Marion County. Our records show you own or occupy property, which is needed for this project. Current plans indicate you will not be required to move from the property. It may be necessary to move personal property from the area needed for the project. THIS IS ONLY AN INFORMATIONAL NOTICE. It is important for you to understand that you are not entitled to any relocation benefits unless you receive a written notice of eligibility at the time the State initiates negotiations for the property. We expect that all owners will be contacted in this regard within the next two months. A representative of the State shall contact you sometime within this time period. Please feel free to call the Right of Way Office at (503) 986-2613 if you need additional information. Identify yourself by the highway name and file number, which appear at the top of this letter. I will be available to answer your questions. It is our goal to assist you in any way we can to minimize the difficulties and inconvenience this project may cause you. Enclosed are a map of the property indicating the portion to be acquired, an Owner Information Sheet and a return envelope. Your cooperation in completing the Owner Information Sheet will aid us in preparing the correct documents. Also enclosed are the pamphlets "Acquiring Land for Highways and Public Projects" and "Moving Because of the Highway or Public Projects". These pamphlets explain the State's acquisition procedures and any relocation benefits to which you may be entitled. Sincerely, c,. ~ Regina ~;allaway Se~/~ight of Way Agent Enclosures xc R/W Administration Form 734-1983 {I-03) 56 File No.: 7117004 DONATION AGREEMENT When a public improvement project requires any government agency or its contractor to acquire or enter upon private property, the owners of that property are entitled to compensation under federal and state law. Federal law is the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended, PL 91-646, and state law is in Oregon Revised Statutes, 281.060, as amended. The above federal and state laws also allow property owners to donate necessary property rights if they wish. To accomplish a donation, you only need to acknowledge that the agency has informed you of the right to compensation and that you wish to donate. If you elect to donate the property rights as described in the attached Exhibit A or deed, subject to the above information, please date and sign this Donation Agreement in the space below. Date: Signature: 734-2526 (9/01) 5'I EE 9B-8-14 FOR PRIOR RW Drgo 1R-3-1732 -ecfri¢, + 5° Cfi. T~ "33° I5' 04" Ts -' 594.38' Archdiocese of Portland o£ Oregon R 67--589 R 429-293 R 581-768 R 8-1650 7.61 Ac. :t Rem. 2 - 500' spirals S = 1Z'30'00" PREI.!M!N.AR'~ ;~Ublect to Change SCALE I'= 100' 1(~3 2OO 300 I792-Z77 Ac. _+ Rem. (~ ACTIVE COPY~ '11 THE R/Ill Sl-IOlgtl ON THIS UAP II II ~Ar LATER BE REVISED TO II II S~PPO~T PRO~EC'T OES/G# II Il CHA,~ES O. OrHER ~EE~ II 58 WOODBURN 11E March 4, 2004 TO: FROM: SUBJECT: Mayor and City Council through _City Administrator Ben Gillespie, Finance DirectorJ~ Award of Contract -- Audit RECOMMENDATION: The Council, by motion, award the audit contract to Boldt, Carlisle, and Smith LLC, and authorize management to conclude negotiation of the contract. BACKGROUND: In January, the City requested proposals from qualified public accounting firms to perform the audits of the City of Woodburn and the Woodburn Urban Renewal Agency for the years 2003-04, 2004-05, and 2005-06. Six firms responded. All are regional (mid sized) firms. Three are headquartered in the Portland area; two are from Salem, and one is located in Eugene. The review committee was composed of the City of Woodburn Finance Director, Ben Gillespie, and the Hubbard Finance Director, Rob Daykin. Initially Gary Wallis of Wilsonville had agreed to participate, but had to withdraw at the last minute for health reasons. Based on their written proposals, four firms were selected for interviews, which were all conducfed on February 24. The firms fhaf were inferviewed were: Pauly, Rogers and Co., P.C. Merina & Company, LLP Grove, Mueller & Swank, P.C. Boldt, Carlisle & Smith Tigard West Linn Salem Salem Agenda Item Review: City Administrator~'~' City Attorney Finance~:~ 59 Mayor and City Council March 4, 2004 Page 2 DISCUSSION: The selection committee recommends Boldt, Carlisle & Smith based on qualifications and price. The committee considered the size of the firm and the size of other municipal audit clients served by each firm. The quality of the audit suffers when the accounting firm is either too large of too small. Also, if a firm specializes in clients that are much larger of smaller than Woodburn, they do not have appropriate audit programs in place. Prices for the three-year contract were tightly clustered between $61,500 and $88,825. Two firms were eliminated, because their prices were too high. The Iow cost proposal was eliminated, because it did not reflect enough hours on the engagement to provide the quality of audit the City demands. Although Boldt, Carlisle & Smith was not the Iow cost proposal, it is deemed to be the best value (quality of review divided by cost). FINANCIAL IMPACT: The cost to the City is: 2003-04 $22,350 2003-05 23,000 2003-06 23,700 $69,050 The cost to the Urban Renewal Agency is: 2003-04 2,500 2003-05 2,500 2003-06 2,500 7,500 Total $76,550 The cost of the 2002-03 audit, which included the GASB 34 conversion, was $28,300, and the cost of the 2001-02 audit was $24,600. The favorable pricing reflects a very competitive market. 60 ODBUI N Incorl, orated t889 11F March 8, 2004 TO: FROM: SUBJECT: Honorable Mayor and City Council John C. Brown, City Administrator Appointment of Administrator Pro Tern RECOMMENDATION: It is recommended that the City Council appoint Police Chief Russell as Administrator Pro Tern for the period of March 15, 2004 through March 26, 2004. DISCUSSION: I will be away from the office March 15, 2004 through March 26, 2004. Pursuant to Section 21(e) of the Woodburn Charter, the City Council needs to appoint an administrator pro tern whenever the Administrator is absent from the City. The Pro Tern Administrator shall possess the powers and duties of the Administrator, but may not appoint or remove a City officer or employee except with approval of the majority of the Council. Chief Russell has shown the necessary skills and experience to act as Administrator Pro Tern, and respectfully recommend his appointment to the position. FINANCIAL IMPACT: There is no calculable financial impact associated with the recommended action. Agenda Item Review: City Administrator'%~_ City Attorney Financ~'~ 61