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Agenda - 04/12/2004 WOODBURN CITY COUNCIL AGENDA APRIL 12, 2004 - 7:00 P.M. CALL TO ORDER AND FLAG SALUTE ROLL CALL ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. Woodburn Tulip Festival Parade will be held on April 17, 2004 at 10 a.m. starting at the Aquatic Center and winding around the downtown area. A City Budget Workshop will be held on April 17, 2004 at 1:00 p.m. in the City Hall Council Chambers. C. Friends of the Library book sale will be held April 23 and 24, from 10:00 a.m. - 4:00 p.m. at the Woodburn Public Library. Annual Spring Clean Up - April 24, 2004, 8:30 to 11:00 a.m. Meet at the Woodburn High School front entrance parking lot. Appointments: E. Greenway Task Force F. Mayoral Appointment of Ward V Councilor 4. PROCLAMATIONS/PRESENTATIONS Proclamations: A. National Library Week, April 18-24, 2004 Presentations: B. Wayne Vestal from Willamette Broadband C. Water Treatment Facility Update "Ha[~ra intO, rpretes ~isponJ[~[es para aquel[as personas que no ~ab[an In~[as/ prevb acueri~o. Comuniquese a[ (5o3) 98o-2-485." April 12, 2004 Council Agenda Page i 2 3 5. COMMITTEE REPORTS e Chamber of Commerce Woodburn Downtown Association COMMUNICATIONS None. e Be 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. An~item may be removed for discussion at the request of a Council member. ko Woodburn City Council minutes of March 22, 2004 Recommended Action: Approve the Woodburn City Council minutes. 4 Be Woodburn Public Library Board minutes of March 10, 2004 Recommended Action: Accept the Woodburn Public Library Board minutes. 12 Ce Woodburn Planning Commission minutes of March 11, 2004 Recommended Action: Accept the Woodburn Planning Commission minutes. Woodburn Planning Commission minutes of February 26, 2004 Recommended Action: Accept the Woodburn Planning Commission minutes. 16 18 Ee Fe Woodburn Community Center Task Force meeting notes of April 5, 2004 Recommended Action: Accept the Woodburn Community Center Task Force meeting notes. Woodburn Memorial Aquatic Center Revenue Comparison Recommended Action: Receive the report. Woodburn Recreation Parks Recreation Division Participation Report Recommended Action: Receive the report. Program 20 22 24 April 12, 2004 Council Agenda Page il H. Police Department Statistics- February 2004 Recommended Action: Receive the report. I. Building Activity for March 2004 Recommended Action: Receive the report. J. Planning Project Tracking Sheet dated March 29, 2004 Recommended Action: Receive the report. K. Delay of Qwest Audit Recommended Action: Receive the report. TABLED BUSINESS None. 25 32 33 36 10. GENERAL BUSINESS ke Council Bill No. 2504 - Ordinance prohibiting public place parking in a portion of the downtown area to prevent interference with operation of the 2004 Plaza Celebrations, providing for civil enforcement, and declaring an emergency Recommended Action: Adopt the ordinance. Be Council Bill No. 2505 - Ordinance granting a zone change from RS (single family residential) zone to CO (commercial office) zone on property located at 1840 Newberg Highway; and declaring an emergency Recommended Action: Adopt the ordinance. Ce Acceptance of Bancroft Bond Applications Recommended Action: Accept the Bancroft Bond applications which were filed after the initial 10-day filing period on the East Hardcastle LID. De Blaine/Bryan/McKinley Storm Drain Project Contract Assignment Recommended Action: Authorize assignment of construction contract on project no. 2003-024-36 from Wayne Jeskey Construction Company to Elting Incorporated. Ee Right-of-Way and Easement Acceptance, Boones Ferry Road Recommended Action: Accept the Right-of-Way Dedication, Permanent and Temporary Utility Easement from the Woodburn School District. 41 47 59 71 75 April 12, 2004 Council Agenda Page F. 87 City Audit Contract Recommended Action: Authorize the City Administrator to execute the contract with Boldt, Carlisle, and Smith for audit services. Ge Traffic Enforcement Team Recommended Action: Effective July 1,2004, the City Council allocate two additional police officer positions to the Woodburn Police Department, and dedicate those positions to motorcycle traffic patrol; and approve the purchase of associated equipment and supplies in the amount of $26,544. 89 i 1. PUBLIC HEARINGS None. 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. A. Community Development Director's Approval of Zoning Adjustment 04-01 (2575 Meridian Court) 94 Community Development Director's Approval of Zoning Adjustment 04-02 (838 Hazelnut Drive) 95 C. Community Development Director's Approval of Zoning Adjustment 03-04 (202 Young Street) 96 15. CITY ADMINISTRATOR'S REPORT 16. MAYOR AND COUNCIL REPORTS 17. EXECUTIVE SESSION None. 18. ADJOURNMENT Apdl 12, 2004 Council Agenda Page iv 3D THE WOODBURN LIVABILITY TASK FORCE, SOLV, WOODBURN KIWANIS, WOODBURN DOWNTOWN ASSOCIATION, WOODBURN PUBLIC WORKS, AND UNITED DISPOSAL PRESENT PLEASE BRING YOUR FRIENDS, FAMILY, AND NEIGHBORS TO JOIN US WHILE WE CLEAN UP WOODBURNIS ROADS, FIELDS, AND PUBLIC SPACES. TOGETHER LET'S MAKE WOODBURN A BETTER PLACE TO LIVE! Y:TO TO FOR MORE INFORMATION ABOUT PARTICIPATING PLEASE CONTACT PETE MCCALLUM (SOS) 982- 5741 0 EN ESPANOL, JAVIER PERFECTO (BO;3) 980-2485 1 April 12, 2004 TO: FROM: SUBJECT: City Council Kathy Figley, Mayo~~' Greenway Task Force Appointments I am recommending the following additional appointments to the Greenway Task Force, subject to the approval of the Council. All have expressed an interest in serving on this task force and would do an outstanding ]ob. Please forward any adverse comments to me prior to the Council Meeting, Monday, April 12, 2004. No reply is required if you approve of my appointments. Willis Grate Richard Morris Phyllis McKean Nancy Kirksey 2 8A COUNCIL MEETING MINUTES MARCH 22, 2004 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MARCH 22, 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 Staff Present: City Attorney Shields, Police Chief Russell (Administrator Pro-tem), Public Works Director Tiwari, Community Development Director Mulder, Recorder Tennant Mayor Figley stated that it was her understanding that a number of members in the audience were in attendance at this meeting for the purpose of testifying .on issues relating to the Transportation System Plan, however, this was misinformation that was spread. The Planning Commission will be the discussing the Transportation System Plan in about 2 months and it will be on the Council agenda about 1 or 2 months after the Planning Commission's hearing. Notices of upcoming meetings on this issue will be published to alert interested members of the public of the meeting dates and times. 0O90 ANNOUNCEMENTS. A) Local Greenway Field Inventory will be conducted on March 27, 2004, 9:00 a.m., at the Recreation and Parks Department. The public is invited to attend. B) Council Vacancy has occurred due to the resignation of Ward V Councilor Veliz. Citizens within this Ward interested in being appointed to the position are asked to contact the Mayor's office prior to 5:00 p.m. on April 7, 2004. C) Tulip Festival Parade will be held on Saturday, April 17, 2004, 10:00 a.m., starting at the Aquatic Center and winding around the downtown area. D) Spring Clean-up will be held April 24, 2004 from 8:30 am to 11:00 am. Volunteers are to meet at the Woodbum High School front entrance parking lot. 0312 PROCLAMATION - WOODBURN SPRING CLEAN-UP MONTH. Mayor Figley proclaimed the month of April 2004 as Spring Clean-Up Month and urged citizens, businesses, churches, and civic organizations to work together to make Woodbum a more livable City and to take pride in our community by participating in the city-wide cleanup effort. Page 1 - Council Meeting Minutes, March 22, 2004 4- COUNCIL MEETING MINUTES MARCH 22, 2004 TAPE READING 0375 PROCLAMATION - DAVID ELLINGSON: CELEBRATING EDUCATIONAL EXCELLENCE DAY. Mayor Figley stated that she had made this proclamation last Wednesday in honor of David Ellingson, Woodburn High School Biology Teacher, who was recognized by an organization that was interested in tying the accomplishments of the Lewis & Clark Expedition with different educational elements in both history and sciences. Mr. Ellingson was one of a few national winners for this award. Additionally, she stated that Mr. Ellingson was also the recipient of a national award from Radio Shack for his abilities as a Science Teacher. She read her proclamation which proclaimed March 17, 2004 as the David Ellingson/Celebrating Educational Excellence Day. 0538 CHAMBER OF COMMERCE REPORT. Ruby Wolfer, representing the Chamber Board, stated that the Chamber's purpose is to advance and promote the economic and civic interests of Woodburn and the surrounding area. In an effort to fulfill their purpose, every Friday they have a Greeter's program at a local business from 7:30 am to 9:00 am and this program has resulted in the best networking system for the Chamber. Upcoming Chamber events are as follows: Greeter's Program - March 26, 2004: Leisure Time Spa, Glatt Circle April 9, 2004: Bowman Family Dental Office, Glatt Circle Business After Hours - April 8, 2004: Woodbum Shoe Tulip Farm (5:00 pm-6:30 pm) Forum Lunch - April 21, 2004: Tukwila Center for Health and Medicine with Marion County Commissioners Patti Milne and Janet Carlson presenting the "State of the County" address. She also distributed to the Council a copy of the 2004 Tulip Festival Calendar of Events. 0655 WOODBURN DOWNTOWN ASSOCIATION REPORT. Martin Ochoa, WDA President, stated that the WDA Annual Dinner will be held on April 17, 2004. This dinner is open to the public and will include food auctions. He reported that the March 21st downtown festival went very well and WDA looks forward to continuing these events in the future He also stated that the WDA will be participating in the Tulip Festival parade on April 17th. 0798 Keith Woolen, spoke on issues surrounding the City's transportation needs. He briefly reviewed his credentials which included a course in City planning which focused on the importance of perimeter planning. Woodburn has a perimeter plan but it has not really been developed to its fullest potential. He stated that he had brought this issue up before the Council twelve years ago and staffhas assured him that the missing link will be filled so that the City can depend on using it as a resource. He briefly discussed the need to widen Highway 214 to 4-lanes to improve traffic flow and to construct a cloverleaf at the I-5 interchange. The other connection is a perimeter road which involves the extension of Evergreen Road and making this roadway into a 4-lane arterial. Even if Evergreen is only Page 2 - Council Meeting Minutes, March 22, 2004 15 COUNCIL MEETING MINUTES MARCH 22, 2004 TAPE READING a 2-lane arterial in the near future, it could be used as a detour while Highway 214 is widened and, at the same time, educate the public on the use of this roadway as a alternate route to Parr Road then to South Boones Ferry Road to Highway 99E. He stated that the State has told the public that they have more money to spend on transportation than what they have had since 1-5 was built. He stated that it is up to the Council to make sure that highway funds are used properly and he felt sure that ODOT would be willing to help finance construction costs relating to the construction of a new arterial roadway. He reiterated that it is necessary to develop a plan that everybody agrees on so that it can be submitted to ODOT as soon as possible for funding consideration. Mayor Figley stated that the City is working on the Transportation System Plan update and several ideas within Mr. Woolen's plan are similar to what is either in the current plan or to some proposed suggestions. Public hearings will be scheduled within the next couple of months before the Planning Commission followed by a hearing before the City Council. She encouraged him to participate in these hearings in addition to the public input sessions to be held by ODOT on the interchange plan. Mr. Woolen also expressed his concern about the Highway 214 / Settlemier Avenue intersection improvement in that Settlemier Avenue improvements may lead to the designation of Settlemier Avenue as an arterial street which, in his opinion, should be avoided. 1607 CONSENT AGENDA. A) approve the Council regular and executive session minutes of March 8, 2004; B) accept the Library Board minutes of February 11, 2004; C) accept the Planning Commission minutes of February 12, 2004; D) accept the Recreation and Parks Board drat't minutes of March 9, 2004; E) accept the Mill Creek Greenway Task Force minutes of March 2, 2004; F) accept the Library monthly report for February 2004; and G) accept the claims for February 2004. NICHOLS/COX... approve the consent agenda as presented. Councilor McCallum noted that a corrected page within the Council regular meeting minutes of March 8, 2004 is being inserted into the agenda packet. The motion passed unanimously. 1714 COUNCIL BILL 2503 - ORDINANCE AMENDING ORDINANCE 2313 {THE WOODBURN DEVELOPMENT ORDINANCE). Council Bill 2503 was introduced by Councilor Sifuentez. The two readings of the bill were read by title only since there were no objections from the Council. BJELLAND/COX... approve the ordinance with adding Alternative 4 as Exhibit A of the ordinance. Councilor Cox stated that there has been a number of proposals being discussed regarding off-premise signs and Alternative 4 was just developed today which adequately addresses Page 3 - Council Meeting Minutes, March 22, 2004 6 COUNCIL MEETING MINUTES MARCH 22, 2004 TAPE READING this issue and, in his opinion, will be in the best public interest. In the event an off- premise sign is part of a legal sign and the off-premise sign itself became illegal and had to be taken down, he did not feel that anyone at staff level would seriously argue that the whole sign would have to be removed. Mayor Figley requested clarification on how the trigger events are looked at to determine ifa sign is in compliance as of the effective date of the ordinance since there is a lapse of time between the adoption of the ordinance and its effective date. Community Development Director Mulder stated that his interpretation of Alternative 4 would create multiple triggers for off-premise signs but those would all be triggers that would be effective after the effective date of the ordinance. If there were a pre-existing non-conforming off-premise sign, Alternative 4 would not require the sign to be in compliance upon effective date of the ordinance. Something would have to occur either on the premise that the sign is on or on the premise to which the sign relates before it is necessary for the sign to be in compliance. In order to require compliance retroactively, there would need to be some version of Alternative 2 which basically says that upon the effective of the ordinance all off-premise signs must be removed. Councilor McCallum questioned which alternative will be legally defensible to accomplish the Council's objective to remove the off-premise signs. Director Mulder stated that the Focus Group had not addressed the off-premise sign issue. If the Council's objective is to get fid of off-premise signs that were not originally granted a variance as soon as possible, then Alternative 2 would accomplish that goal. His interpretation of Alternative 2 is that the off-premise message would need to be removed from the signs while the sign structure could remain since the off-premise message is what makes the off-premise sign and not the structure. If the Council did not want to go that far in requiring removal, then the next best alternative is Alternative 4 since it creates the most triggers for requiting compliance. Councilor Cox stated that he liked Alternative 4 until, in response to the Mayor's question, Director Mulder stated that there would be no triggering event that occurred on or atter the effective date therefore Alternative 4 would not reach this sign. He stated that he would be able to accept Alternative 2 instead of 4. Councilor Bjelland express his concern that Alternative 2 would only remove the message and not the sign structure. He suggested that another triggering method be developed that would require the removal of the sign structure. Discussion was held on both alternatives and on potential language changes that would accomplish the objective of removing non-conforming off-premise signs. Councilor Cox stated that he would support Alternative 2 but questioned the interpretation that the message be removed but the sign structure would remain in place. Councilor Bjelland stated that he would not have a problem with Altemative 2, however, he would like to see the sign structure removed. Director Mulder stated that if the off-premise message was removed under Alternative 2, the structure may or may not be conforming depending upon the circumstance. Page 4 - Council Meeting Minutes, March 22, 2004 7 TAPE READING COUNCIL MEETING MINUTES MARCH 22, 2004 382O Additionally, the triggers listed under Section 3.110.20(B) would still be applicable to the premises that the sign is on and, if any one of the 6 triggers do occur, then the non- conforming structure would need to be brought into compliance at that point in time. The motion and second were withdrawn. MCCALLUM/SIFUENTEZ... adoption of Alternative 2 as Exhibit A to the ordinance. Councilor Nichols stated that, on the advice of the City Attorney, he has a conflict of interest and will not be voting on or discussing this ordinance. Attorney Shields explained that just before the meeting, Councilor Nichols spoke to him about a potential conflict he may have because of a fmancial interest he has in one of the properties in the area that is being discussed. For the record, Attorney Shields stated only the Government Standards and Practices Commission can give an advisory opinion as to whether or not there is a conflict. Secondly, this is an ordinance which is legislative and applies to the entire City. The statute seems to say that if you are in a class of people, then at most there is a potential conflict. It is an individual choice on how Councilor Nichols decides to proceed and whether or not he wants to declare the potential conflict. Councilor Sifuentez expressed her opinion that many hours have gone into the sign ordinance between the staff, Focus Group, Planning Commission, and Council. She felt that Alternative 2 is the best that can be done at this time even though some citizens and business owners will object to the ordinance provisions. The vote on the motion to adopt Alternative 2 as Exhibit A passed 4-0 (Councilor Nichols did not vote). Councilor Cox expressed his opinion that he was in agreement with all but a. 1% of the proposed ordinance and felt that everyone involved with this project did an excellent job. Mayor Figley stated that it was a tribute to our staff, Focus Group, Planning Commission and general public in developing this ordinance. Discussion was held regarding the July 1st implementation date and conformance of signs installed between now and the effective date of the ordinance. Director Mulder stated that the current sign ordinance is in effect until July 1st and signs installed prior to the implementation date will need to comply with the current ordinance. During the interim period, staff will be (1) creating the necessary applications required under the new ordinance, (2) educate the public on the ordinance provisions, and (3) look at staffing levels necessary to aggressively enforce the ordinance. Initially, enforcement will focus on temporary signs and illegal permanent signs that were installed without the sign permit. On roll call vote for final passage, the bill passed 4-0 (Councilor Nichols did not take part in the vote or discussion). Mayor Figley declared Council Bill 2503 duly passed. Page 5 - Council Meeting Minutes, March 22, 2004 8 TAPE READING COUNCIL MEETING MINUTES MARCH 22, 2004 4620 RIGHT OF WAY AND EASEMENT ACCEPTANCE - N. BOONES FERRY ROAD IMPROVEMENT. Mayor Figley stated that the Public Works Department has requested that this item be taken off of the agenda since some changes need to be made on the documents and additional signatures acquired before they are accepted by the Council. 4656 533O PUBLIC HEARING: ZONE CHANGE 03-02 - REQUEST TO CHANGE ZONING DESIGNATION FROM SINGI,E FAMIIJY RESIDENTIAL (RS} TO COMMERCIAL OFFICE (CO) ON PROPERTY LOCATED AT 1840 NEWBERG HIGHWAY. Mayor Figley declared the public hearing open at 8:10 p.m.. Mayor Figley and the Councilors stated for the record that they are familiar with the location of the property since they routinely travel past the subject property which is located along Highway 214. Recorder Tennant read the land use statement required by ORS Chapter 197. Director Mulder stated that the property consists of 3 parcels located on 1.48 acres. The current zoning designation is single family residential, however, the current Comprehensive Plan designation is commercial. The applicant is proposing the zoning change which would make the zoning designation consistent with the Comprehensive Plan. The proposal is for commercial office because the Comprehensive Plan text discusses this specific area as a commercial office zone because of its location and desire for a lower traffic generating type of commercial use. The proposal satisfies all the approval criteria that is applicable for this application and the Planning Commission had adopted a final order recommending Council approval at their February 26, 2004 meeting. Tim Brown, 295 Shenendoah Lane, Woodburn, stated that he was the owner of the property and, in regards to access to the property, there is currently a roadway cut directly offofHighway 214. They are in the process of working with ODOT to get the driveway cut re-approved and discussions have been held with the Fire District to share a driveway as an alternative access in the event ODOT does not approve the access. Councilor McCallum stated for the record that he has known Mr. Brown for many years but his friendship will not have any affect on his vote. No one in the audience spoke either for or against the land use proposal. Mayor Figley declared the hearing closed at 8:20 p.m.. Councilor Cox expressed his opinion that this proposal does not have any impact on the surrounding properties and it will bring it into compliance with the Comprehensive Plan. BJELLAND/COX... approve Zone Change 03-02 and instruct staff to prepare an ordinance to substantiate the Council's decision. The motion passed unanimously. Page 6 - Council Meeting Minutes, March 22, 2004 9 COUNCIL MEETING MINUTES MARCH 22, 2004 TAPE READING 5841. PLANNING COMMISSION AND/OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commission's approval of Design Review 03-21, Variance 03-27, and Variance 04-04: Expansion of existing office building located at 669 and 681 Glatt Circle. No action was taken by the Council on this land use approval. 5938. CITY ADMINISTRATOR'S REPORT. Administrator Pro-Tem Russell stated that he had nothing to report at this meeting other than the business of the City has been carried along well during the City Administrator's absence. Mayor Figley expressed her opinion that Chief Russell has gone above and beyond the call of duty in taking part in the discussions with various Councilors, Mayor, and staff involving the proposed changes to the sign ordinance. 6O29 MAYOR AND COUNCIL REPORTS. Councilor Sifuentez stated that she will work with the MacLaren staff to participate in the litter pick-up along Highway 99E on April 24th. Councilor Cox questioned if one of the public comment items listed on the agenda could be eliminated. It was noted that the second public comment gives citizens an opportunity to either come in late to the meeting to bring an issue before the Council or to express their views on an action taken by the Council earlier in the meeting. Councilor Nichols stated that visitors traveling through Woodburn to visit the Tulip fields are welcomed by our community even though the increased traffic clogs Highway 214. Councilor McCallum stated that the Mayor and staff participated in a Youth Leadership program at City Hall last Tuesday and the feedback he has received on the program was that staff had done an excellent job of presenting problems that arise in City government. He also stated that he had attended a methamphetamine conference in Salem last week with Deputy Chief Youmans which was a community gathering to start addressing their methamphetamine problems. The conference included a general session followed by their attending a couple of small group sections. In the public officials session that he attended, it was noted that there is a need to have a strong component in your City of keeping up your housing standards, and making sure that buildings and neighborhoods look good otherwise it attracts that type of element. He felt good about the efforts of the City and Livability Task Force in this area. It was a worthwhile conference and the theme he is trying to carryout through the Marion County Coordinating Public Safety Council is that the methamphetamine problem needs to be addressed nationwide and not just in one local area. Mayor Figley stated that she did host the Chamber Leadership Youth for a portion of the day in which they devoted to studying about government. She enjoyed working with the Page 7 - Council Meeting Minutes, March 22, 2004 10 COUNCIL MEETING MINUTES MARCH 22, 2004 TAPE READING four different mock Councils on four different issues that were presented by staff. She also stated that she was looking forward to joining the recently appointed Greenway Task Force on the inventory of the wetlands on Saturday, March 27th. Tape 2 ADJOURNMENT. MCCALLUM/NICHOLS... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:30 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 8 - Council Meeting Minutes, March 22, 2004 11 8B MINUTES MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD DATE: ROLL CALL: March 10, 2004 Mary Chadwick - Present Vasily Chemishov - Absent Neal Hawes Present Ardis Knauf - Present Kay Kuka - Absent Pat Will - Present STAFF PRESENT: Linda Sprauer, Director Vicki Musser, Recording Secretary GUESTS: None CALL TO ORDER: President Pat Will called the meeting to order at 7 pm. SECRETARY'S REPORT: Vicki Musser, Library secretary, read the monthly Board minutes aloud. The minutes of February 11, 2004 were approved, pending one date correction. CORRESPONDENCE: None. PUBLIC COMMENT: None DIRECTOR'S REPORT: Monthly Statistics: The monthly statistics were self-explanatory. There are many programs and activities offered at the Library, which is reflected in the Circulation statistics. Although February is a shorter month than January, Circulation was 13, 897; up from January's 13, 786. Average computer usage for adults was 10.22 per hour, and for children, 4.05 uses per hour. Volunteer time rose to 176 hours this month, which is slightly more than that of a full-time employee. Activities: A list of activities was distributed to the Board. A Chautauqua program about" Chicana Artists, 1960-Present", will be held on March 14, Sunday at 2 pm in the City Hall Council Chamber. On Saturday, March 13t~, at 1:30 pm in the Children's Room, Linda Yapp will be singing songs from her CD, the "Rainbow's End". Part of the ongoing "Saturday at the Library" series is a special performer each month. Dan Peterson will be the featured performer at the Third Thursday Teens, held on March 18, at 6:30 pm. He will be leading a juggling workshop. Volunteer of the Month: Delores Sheinis was chosen Volunteer of the Month for March. She began volunteering in March of 2000 as a shelver, took time off to fight aggressive breast cancer, and has recovered to the point that she is back at the Library. She specializes in reading and straightening the bookshelves. 1:2 New Staff: One of the two positions available has been filled. Charlotte Stanley, also called Deeda, is our new part-time Reference Librarian. She should be trained just in time, as Christine Mackie will soon be on Family Medical leave. Linda and Dan are in the process of filling the Page position. CCRLS Migration: Negotiations for the Triple III (Innovative Interfaces) contract have been successful. The final amounts have been agreed on, and all that remains is to sign the contract. Meanwhile, the Library staff continues to update and weed the collection. The Library is getting four new computers between now and the end of June, replacing some of the older models. BUDGET: Budget forms were filled out and submitted to City Hall on February 18. A second set was due three days after Linda returned from the PLA conference, March 3, 2004. The first set stated goals and objectives of the last year and how well they were achieved, as well as next year's goals. The second set of forms was to request additional funding in the area of books and audio visual materials, as well as supplies. Linda has requested additional funds to add more lights outside the Library entryways and to be mounted on the building itself. She has also asked for new security gates, which patrons pass through when leaving the Library. 3M comes out to repair the present gates, but the repairs are not cost-effective. Another request was the funds for an updated security system, with surveillance cameras, as well as an additional self-check-out unit, so that staff can spend more time with patrons' in-depth questions. Linda made several staffchange requests. An additional part-time Security Monitor/Library Page position is needed, to cover for Sandy when she is ill, on vacation, or off-duty on the weekends. Linda would like Nancy Condit's 19.5 hr/week Reference Librarian position to be made full-time, as well as Vicki Musser's 30hr/week Clerk III position. There will be a Budget Committee workshop session this Saturday from 9-11 am. The Budget Committee, which is formed of six lay members and six Council members, will review past and future budget goals. The workshop will be held in the City Council Chambers. FRIENDS OF THE LIBRARY: The regular quarterly Friends of the Library meeting was held on Monday, February 8 at 2:30 pm. The next Friends Book Sale will be held April 23rd and 24"~, from 10-4pm in the Carnegie and Multi-Purpose Rooms. The Friends discussed electing new officers, and it was voted unanimously to retain the same officers for another year. Neal Hawes reported to the Library Board on funding for Music in the Park. There are nine concerts scheduled and Neal estimated $5,000 is needed. His plan to have a main sponsor for the entire series, as well as individual sponsors for each group that performs. The Friends of the Library are hoping that soliciting donations will cover the entire cost of the Music in the Library Board Minutes -3/10/04 13 Park season; but if that does not happen, they will step in and supply the rest. By next month the goal is to have all the financing for Music in the Park completed. Sandy Kinney has filled almost all of the nine concert spots for Music in the Park. The list includes the Marimbas; Koral Jam, playing Hawaiian music, Roundhouse, bluegrass music, Chauygar with Indian pipes and flutes, the Essentials (40;s and 50's music), JT and the Tourists, Darby O'Gill, a Celtic band, and Joni Harms, a local country and western singer. There is still one opening. OLD BUSINESS: NEW BUSINESS: LIBRARY BOARD RETREAT: The Second Annual Library Board Retreat was confirmed for March 27"'. It will be held from 9am-3:30 pm in the meeting room at the Parks and Recreation Department office. Kathy Thomas, of the Oregon State Library, will be speaking from 9-12 noon. A box lunch will be provided, followed by discussion and planning. PLA CONFERENCE:Linda reported on the PLA conference, which took place February 25-29. Linda went for the week, and Dan Peterson and Christine Mackie attended on Wednesday, Thursday and Friday. Dan and Christine submitted written reports, which Linda presented during the Board meeting. The PLA and the vendors there are specifically directed to public libraries, rather than trying to meet the needs of colleges and schools as well. There were 806 vendors present, and Linda managed to see half of them. One vendor that we presently subscribe to is Ingram Books, Inc. They have a warehouse south of Roseburg, Oregon. One of the advantages of dealing with them is the excellent turn-around time. The Library subscribes to their IPAGE online, which is where orders can be placed. One of the advantage of seeing vendors at the PLA conference is the opportunity to view products. For instance, the Library has been purchasing the top level of Ingram's products, whereas, unknown to us, the basic level is free and can fulfill our needs quite nicely. It is estimated that by changing to the basic level, the Library can save $1200 a year. Another interesting vendor showcased staff scheduling software. Linda looked at a sample online, and feels it could serve our needs. It's flexible, useful for both part-time and full-time employees, many of whom have different beginning and ending hours. The scheduling is very specific to departments, and could be tailored to suit specific Library requirements. One vendor had a program aimed at teaching employees to speak basic Spanish. This core Spanish language training would serve the Library well, as many of our patrons are Hispanic. Linda attended a PLA session that spoke of a branch Library in Canada with the appearance of being a retail outlet. A person meets and greets patrons as they enter the Library, and books face outwards, four or five copies deep. Cimulation has skyrocketed for this "browsing" branch, and the approach is considered very successful. Library Board Minutes -3/10/04 14. Dan and Christine's PLA reports will be an addendum to the March Board minutes. CCRLS: The City of Keizer has approached the City of Salem and the CCRLS Advisory Council, proposing that they be excused from the membership requirement of meeting the Oregon State Standards for Public Libraries. They propose instead that they be eligible to join CCRLS as a full, voting member library and be allowed to provide their current 20,000 books and 15-20 computers for the benefit of all. In return Keizer residents would be allowed full access to the CCRLS member Library system. It was pointed out at the Board meeting that Woodburn already has 32 computers, and McMinnville, 52. Neither citys' patrons would be likely to go to Keizer to use their computers and small collection, but their citizens already come to Woodburn for library service. Nothing has been decided by either the Salem City Council or the CCRLS Advisory Council. At present, a Keizer resident is charged $60 a year per household, if they want more than the basic level of service which allows them to check out more than one item or to have more than one hold. Linda has talked to John'Brown, Woodburn City Administrator, regarding the possibility of Woodburn's City Council adopting a resolution asking the CCRLS Advisory Council to not accept Keizer's proposal. Neal made a motion on behalf of the Library Board, to ask the City Council to adopt a resolution that they NOT accept Keizer as a member of CCRLS in accordance with the current proposal. The motion passed unanimously. Linda will notify John Brown of the Library Board's request. BUSINESS TO/FROM THE CITY COUNCIL: None AND/OR MAYOR: ADJOURNMENT: The meeting was adjourned at 8:10 pm. Respectfully submitted, Vicki Musser, Recording Secretary Library Board Minutes -3/10/04 15 8C WOODBURN PLANNING COMMISSION March 1t, 2004 CONVENED The Planning Commission met in a regular session at 7:00 p.m. in City Hall Council Chambers with Chairperson Lima presiding. ROLL CALL Chairperson Lima P Vice Chairperson Young P Commissioner Vancil A Commissioner Grigorieff P Commissioner Knoles P Commissioner Bandelow A Commissioner Lonergan P Staff Present: Jim Mulder, Community Development Director MINUTES A.~. Woodburn Planning Commission Minutes of February 12, 2004. Commissioner Loner,qan moved to accept the minutes as presented. Commissioner Gri,qor eft seconded the motion, which unanimously carried. BUSINESS FROM THE AUDIENCE None COMMUNICATIONS Staff introduced the newly appointed Planning Commissioner, Richard Knoles. The Commissioners welcomed Commissioner Knoles and requested he provide a brief background of himself. Commissioner Knoles reported he served three terms on the City Council in La Grande and River Grove. Additionally, he helped to incorporated the City of River Grove in 1970 and also served as a Reserve Police Officer. He indicated he has lived in Woodburn since April 2003. PUBLIC HEARING None ITEMS FOR ACTION A__: Final Order for Design Review 03-21, Variance 03-27 & Variance 04-04, Design Review tn expand an exletin¢3 office building by 2,332 square feet. Variance application case file number 04-04 is a request to expand the existing building on the north side within the 10.foot Interior yard setback. Variance case file number 03-27 is a request to allow the exlstin~, encroachments of the parking lot in the interior yard setback to remain (Variance A) and to allow a new 4-foot by 28-foot encroachment into the Interior yard setback for vehicular maneuvering (Variance B), located at 669 Ray J. Glatt Circle, RSS Architecture, Inc., applicant. Commissioner Loner,qan moved to accept the Final Order as presented and Commissioner Gri,qorieff seconded the motion. Motion unanimously carried. B.~. Cancellation of March 25, 2004 Planning Commission meeting due to lack of agenda items. Vice Chairperson Youn,q made a motion to cancel the March 25, 2004 Planning Commission meeting due to lack of agenda items. Commissioner Knoles seconded the motion, which carried unanimously. Planning Commission Meeting - March 11, 2004 Page 1 of 2 16 DISCUSSION ITEMS Staff reported City Council held a second hearing at their Monday night Council meeting regarding the Sign Ordinance and directed Staff to prepare an ordinance. They only requested two changes, which were to clarify the difference between A-frame and portable signs and require any off-premise signs that have not been granted a Variance to comply with the ordinance when it becomes effective. Council also made it very clear there will be strict enforcement of the new ordinance. Staff further informed the Commission the Police Department is proposing to add another code enforcement officer and he is looking to add another planner not only for enforcement purposes but also because he needs additional help with the work load. He mentioned the new code will become effective July 1st which will allow time to educate the public to the ordinance and allow Planning to gear up and have all the necessary applications we need to have in place. REPORTS A__=. Building Activity for February 2004 B__=. Planning Project Tracking Sheet (revised 3-3-04) BUSINESS FROM THE COMMISSION None ADJOURNMENT Commissioner Loner.qan moved to adjourn the meeting and Commissioner Griooorieff seconded the motion, which carried. Meeting adjourned at 7:30 pm. APPROVED CLAUDIO LIMA, CHAIRPERSON DATE ATTEST cC ,~?~l~/io~ dl~eu~l,°~ r~;~tnD ' r ect° r Date Planning Commission Meeting - March 11, 2004 Page 2 of 2 17 WOODBURN PLANNING COMMISSION February 26, 2004 CONVENED The Planning Commission met in a regular session at 7:00 p.m. in City Hall Council Chambers with Chairperson Lima presiding. ROLL CALL Chairperson Lima P Vice Chairperson Young A Commissioner Vancil P Commissioner Grigorieff P Commissioner Mill A Commissioner Bandelow P Commissioner Lonergan P Staff Present: Jim Mulder, Community Development Director Victor Rodriguez, Associate Planner MINUTES A. Woodburn Planning Commission Minutes of February 12, 2004 will be available at the next meetinR. BUSINESS FROM THE AUDIENCE None COMMUNICATIONS A. City Council Minutes of January 26, 2004 PUBLIC HEARING A._,. Design Review 03-21, Variance 03-27 & Variance 04-04, Design Review to expand an existin.~ office building by 2,332 square feet. Variance application case file number 04-04 is a request to expand the existing building on the north side within the 10-foot interior yard setback. Variance case file number 03-27 is a request to allow the existing encroachments of the I)arkino lot in the interior yard setback to remain (Variance A) and to allow a new 4-foot by 28- foot encroachment into the interior yard setback for vehicular maneuvering (Variance B), located at 669 Ray J. Glatt Circle, RSS Architecture, Inc., applicant. Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report. Staff recommended approval of the application based on the information in the report, the information provided by the applicant and the applicable review criteria. TESTIMONY BY THE APPLICANT Terrence Withers, P.O. Box 129, Woodburn, OR 97071 TESTIMONY BY PROPONENTS None TESTIMONY BY OPPONENTS None DISCUSSION Commissioner Bandelow moved to approve Zone Change 03-02 and instructed Staff return with facts and findings for a final order. Motion was seconded by Commissioner Vancil, which unanimously carried. ITEMS FOR ACTION A.~. Final Order for Zone Change 03-02, request to change zoning from Single Family Residential (RS) to Commercial Office (CO) at 1840 Newberg Hwy., David Mendenhall, applicant. Commissioner Bandelow moved to accept the Final Order as presented. Commissioner Vancil seconded the motion. Motion unanimously carried. 8D Planning Commission Meeting - February 26, 2004 18 Page 1 of 2 DISCUSSION ITEMS None REPORTS BUSINESS FROM THE COMMISSION ADJOURNMENT Motion to adjourn the meeting was made and seconded. Meeting adjourned at 7:40 pm. APPROVED DATE ATTEST Jirn/l~lder, Com~nunity Development Director Cit36of Woodburn, Oregon Date Planning Commission Meeting - February 26, 2004 Page 2 of 2 19 Community Center Task Force Meeting Notes April 5, 2004 Council Chamber- City Hall AUendance: Randy Westrick Susan Fofana-Dura Kathy Figley Alice Snyder Flun'y Stone Willis Grafe Preston Tack Phyllis McKean Mark Vanderzanden Dan Evers Steve Newport Mark Vanderzanden outlined the four options listed within RDI's final draft "The Woodburn, Oregon Community/Cultural Center Report - January 2004. The options included a split facility that would locate recreation/fitness facilities near WMAC and a downtown location or a location at Legion Park or near Centennial Park that would include cultural and community oriented facilities. The second option included an "All in one, Multi-Cultural Recreational Facility" at Legion Park. This option would combine cultural, community, recreation and fitness facilities within one facility within Legion Park. The third option acquiring K-mart and converting it to a "Civic Center." Because of the massive size of this building, the report concludes that use of the building would need to be more comprehensive including locating City government and social services as well as private partners such as theaters or restaurants at the site. The fourth option would locate an "All in one, Multi-Cultural Recreational Facility" at a site the City would acquire at a site near Centennial Park. Mr. Vanderzanden provided the Task Force with three site capacity analyses. These analyses concluded that Legion Park and a site near Centennial Park could accommodate the "All in one, Multi-Cultural Recreational Facility" options. This includes the building footprint and necessary parking. The analysis also concluded that, within the context of the existing Settlemier Park Master Plan, that Settlemier Park could contain as much as 15,000 s.f. recreation/fitness complex, creating a fitness/recreation club at that site. After discussing the options and site analyses, the Task Force asked staff to compile site development costs and feasibility studies for the following options: "All in one, Multi-Cultural Recreational Facility" at Legion Park and near Centennial Park; and Split option with fitness/recreational facilities at Settlemier Park and cultural/community facilities at Legion Park, near Centennial and downtown. 20 Community Center Task Force * Meeting Notes * April 5, 2004 As requested by Task Force members, the market analysis will consider the availability of other similar facilities for community use. This includes churches, schools and private halls such as the Grange. The next meeting will be May 3, 2004. At that meeting, staff will present the market analysis and begin to outline funding options. RDI staff is looking into funding through the Joan Kroc donation to the Salvation Army. This multi-billion dollar donation from her estate is intended to fund community facilities such as the Task Force is planning. RDI will be careful to determine if strings are attached that are not consistent with the City's mission to deliver community services. 21 Woodburn Memorial Aquatic Center Revenue Comparison FY '2002-03 v.s. FY '2003-04 Jul ' 2002 Jul', 2003 Au 2002 Au 2003 Sept 2002 Sept 2003 Oct 2002 Oct 2003 Nov 2002 Nov 2003 Dec 2002 Dec 2003 '"~ $0.00 w? .... $0.00 "-~ .... $7.00 $355.00 $483.00 $279.00 $0.00 $0.00 $0.00 $0.00 $0.00 $9,581.00 $9,214.75 $7,082.02 $6,516.25 $3,580.23 $4,207.20 $2,676.75 $1,853.94 $1,951.00 $5,909.85 $3,147.55 $3,034.60 $1,860.00 $2,340.00 $1,076.75 $747.50 $1,275.50 $934.00 $1,106.35 $195.00 $608.10 $875.50 $2,322.50 $4,507.50 $6,497.87 $9,006.04 $5,707.63 $6,008.15 $1,620.25 $3,109.17 $430.00 $4,269.75 $994.25 $1,888.38 $0.00 $938.95 $90.00 $525.00 $157.50 $320.00 $1,676.00 $0.00 $0.00 $275.00 $595.00 $1,560.68 $1,595.50 $1,320.00 $657.50 $670.30 $452.60 $519.30 $315.30 $364.80 $596.66 $96.25 $392.85 $403.85 $266.15 $308.64 $3,824.70 $4,094.14, $2,812.04 $2,839.27 $1,514.77 $1,318.75 $932.97 $609.13 $756.49 $1,646.82 $1,267.05 $1,033.44 Special Events Admissions Memberships Lessons Rentals Resale Concessions TOTAL $22,511.07 $25,760.23 $17,295.54 $17,305.47 $10,465.05 $10,212.92 $5,742.73 $7,299.07 $5,207.69 $12,285.08 $8,598.75 $11,143.13 Attendance 9192 8253 6747 5838 4304 4187 2926 3998 3323 4421 407 l $ Difference 3,249.16 9.93 -252.13 1,556.34 7,077.39 2,544.38 % Difference 14.43% 0.06% -2.41% 27.10% 135.90% 29.59% Special Events Admissions Memberships Lessons Rentals Resale Concessions Jan 2003 Jan 2004 Feb 2003 Feb 2004 Mar 2003 Mar 2094 April 2003 ^~ ~dl 2004 May 2003 Ma~/2094 Jun 2003 June 2004 $0.00 $0.00 $31.50 $0.00 $187.501 $506.65 $1,412.10 $310.00 $0.00 $6,108.95 $3,586.78 $4,571.41 $6,185.95 $6,585.85 $7~179.70 $5,872.85 $7,412.76 $8,636.06 $19,208.85 $10,743.75 $2,385.35 $7,322.50 $1,570.00 $3,296.30 $3,800.00 $682.60 $1,458.65 $1,200.85 $1,482.74 $2,861.87 $5,646.10 $3~871.50 $6,951.14 $5,814.74 $4,749.37 $10,443.25 $586.80 $475.00 $1,263.00 $1,401.05 $324.50 $512.5~ $1,780.00 $1,111.00 $195.00 $479.40 $164.65 $376.38 $327.85 $385.15 $346.80' $574.60 $386.55 $558.10 $1,853.35 $1,189.36 $2,418.09 $1,490.50 $2,576.05 $2,133.29 $2,392.09 $2,099.47 $2,902.75 TOTAL $29,438.20 $17,642.28 $13,907.60 $22,373.95 $15,500.55 $20,926.38 $21,646.38 $0.00 $16,751.75 $0.00 $24,193.81 $0.00 Attendance 6715 4560 5855 5178 5799 5644 6612 5899 14239 $ Difference -11,795.92 8,466.35 5,425.83 -21,646.38 -16,751.75 -24,193.81 % Difference -40.07% 60.88% 35.00% -100.00% -100.00% -100.00% Year to date by account 2002- 2003 2003- 2004 Difference $2,431.10 $1,140.65 ($1,290.45)1 $67,206.43 $47,689.02 ($19,517.41)1 $37,354.65 $30,962.05 ($6,392.60)1 $44,101.58 $39,300.42 ($4,801.16)1 $9,374.30 $6,389.23 ($2,985.07)1 $5,441.24 $3,202.44 ($2,238.80) $25,349.82 $16,264.70 ($9,085.12)1 Special events Admissions Memberships Lessons Rentals Resale Concessions Year to date total $142,574.80 $144,948.51 $2,373.71 Year To Date Summary Iotal Revenue 2002-2003 otal Revenue 2003-2004 Difference Percent Change $142,574.80[[ $144,948.51 II $2,373.71 II 1.66°/oll Year To Date Attendance 2002 2003 48899 ] I 2003 2004 46857 pos- 2~ $195,000.00 II IDollars to date $1 44,948.5111 1% Collected year to date 63.61%11 12 month total $191,259.12 ($46,310.61) Department Totals Summary Departments · ~ Dep-1 Dep,2 Dep,3 De~-4 Dep,5 Dep-7 Peps8 Dep~9 Dep,10 Dep-11iRevenue, pep-14 Dep-15 Dep-16 Dep-16 _ ~ Res.Ann. NRAnn. Res.3- NR 3- Description Res.Child Res. Youth Res. Adull Res. Sen _r~o~- NR-Child NR-Youth NR-Adult Res. PC NR-PC ~ Pass Pass Month Month Hes.sen ~ Pass Pass June03 1813 362 624 96 95 . 1.42.6 .... 11i2. . 2!3: 7 12/ Julv 03 1983 452 2435 91 129 56 13 38 5i 3 !August 03 1463 379 5t0 77 100 : 132 3 i 9 September 03 493 129 380 71 106 99 52 153 4 11 ~ October 03 366i 347 49 0 0 275 0 November 03 379 137i 259 54 109 118 46 168 9 8 December 03 270 1'1~ 2~7 01 84 50 158 0 1802.5 2705 Januar~ 04 453 193 403 43 88 156 341 200 7 131'1 6660 8245 431.25 157.5 Febr.al7 04 618 : 251 42? 58' 121 81 March 04 896 270 584 47 104 11 54 190 11 11 ~ 635 325 1800 300 After School Club Washington ~ Sept. 02 Sept. 03 Daily VisitsI 1496 1356 Daily Avg. 74.8 67.8 Woodburn Recreation Parks Recreation Division Program Participation Report I Mar 03 Mar 04 Daily Visits 827 1334 Daily Avg. 69.1 88.9 Lincoln ] Sept. 02 Sept. 03 Daily Visits I 1813 1900 Daily Avg. 90.7 95 I Mar 03 Mar 04 Daily Visits 1014 1617 Daily Avg. 84.5 107.8 1702 1756 1074 1033 1091 1136 81.1 83.6 76.7 79.5 77.9 75.8 I Oct 02 Oct 03 ~ Nov 02 Nov 03 ~ Dec 02 Dec 03 2035 2128 I 1389 1337 I 1229 1414 96.9 101.3 99.2 102.9 87.8 94.3 I Apr03182730.4 Apr04 I May03 180.2523 May04 I June03 74.9 524 June 04 Jan 03 Jan 04 ] Feb 03 Feb 04 1063 1091I 1202 1631 71.1 83.9 66.8 90.6 IYear 02/03 Year 03/04~ Y-rD Days 11,812 9338 ~ 103 73.4 90.6 ~ Jan 03 Jan 04 } Feb 03 Feb 04 1262 1257I 1498 1826 84.1 96.7 83.2 101.4 IYear 02/03 Year 03/04~ YTD Days 14,017 11,479 ] 103 87.1 111.4 ~ As of February 1,2004 I.corporatcd 1889 8H April 6, 2004 TO: FROM: SUBJECT: Mayor and City Council through City Administrator Scott Russell, Chief of Police ~'" Police Department Statistics - February 2004 RECOMMENDATION: Receive the Report BACKGROUND: The attached report lists year to date reported offenses and arrests displayed by month. DISCUSSION: The statistics have been gathered Management System. The Previous comparison purposes. FINANCIAL IMPACT: None from the Police Departments Records year's statistics are also displayed for Agenda Item Review: Cify Attorney ~q- [ Finance~/~7 Woodburn Police Dept. PAGE DATE: 4/06/2004 PL6860 TIME: 16:31:30 MONTHLY CRIMINAL OFFENSES FOR JANUARY THRU FEBRUARY 2004 SCOTTRU 0RI#: 0R0240500 WPD RESULTS FOR ALL OFFENSES CHARGE DESCRIPTION JAN FEB TOTAL AGGRAVATED ASSAULT 1 2 3 AGGRAVATED MURDER 0 0 0 ANIMAL ORDINANCES 46 48 94 ARSON 1 0 1 ASSAULT SIMPLE 12 7 19 ATTEMPTED MURDER 0 0 0 BO~B THREAT 0 0 0 BRIBERY 0 0 0 BURGLARY - BUSINESS 3 11 14 BURGLARY - OTHER STRUCTURE 3 2 5 BURGLARY - RESIDENCE 4 10 14 CHILD ADBANDOMENT 1 0 1 CHILD NEGLECT 0 0 0 CITY ORDINANCE 14 8 22 CRIME DAMAGE-NO VANDALISM OR ARSON 21 23 44 CURFEW 3 2 5 CUSTODIAL INTERFERENCE 0 0 0 CUSTODY - DETOX 2 1 3 CUSTODY - MATERIAL WITNESS 0 0 0 CUSTODY - MENTAL 0 1 1 CUSTODY- PROTECITVE 1 0 1 DISORDERLY CONDUCT 3 3 6 DOCU)~ATION 0 1 1 DRINKING IN PUBLIC 0 0 0 DRIVING UNDER INFLUENCE 8 12 20 DRUG LAW VIOLATIONS 23 4 27 DRUG PA2~PHERNALIA 0 0 0 DWS/PA-WOKED - FELON~ 0 0 0 DWS / REVOKED -MI SDEMF2LNOR 7 9 16 ELUDE 2 0 2 EMBEZZLEMENT 0 1 1 ESCAPE FROM YOUR CUSTODY 0 0 0 EXTORTION/BLACKMAIL 0 0 0 FAIL TO DISPLAY OPERATORS LICENSE 6 5 11 FAMILY-OTHER 0 0 0 FORCIBLE R~E 0 0 0 FORGERY/COUNTERFEITING 10 7 17 F~AUD - ACCOUNT CLOSED CHECK 1 2 3 FRAUD - BY DECEPTION/FALSE PRETENSES 1 1 2 FRAUD - CREDIT CARD/AUTOMATIC TELLER MACHINE 2 1 3 FRAUD - IMPERSONATION 3 6 9 FRAUD - NO ACCOUNT - CHECK 0 0 0 FRAUD - NOT SUFFICIENT FUN'DS CHECK 1 0 1 FRAUD - OF SERVICES/FALSE PRETENSES 1 2 3 FRAUD - WELFARE 0 0 0 FRAUD - WIRE 0 0 0 FRAUD-OTHER O 0 0 FUGITIVE ARREST FOR ANOTHER AGENCY 31 33 64 FURNISHING 1 0 1 GA~LING - BOOKMAKING 0 0 0 GAMBLING - Gk~ES 0 0 0 GAM3LING - ILLEGAL DEVISES/MACHINES 0 0 0 Woodburn Police Dept. PAGE DATE: 4/06/2004 PL6860 TIME: 16:31:30 MONTHLY CRIMINAL OFFENSES FOR JANUARY THRU FEBRUARY 2004 SCOTTRU ORI~: 0R0240500 WPD RESULTS FOR ALL OFFENSES CHARGE DESCRIPTION JAN FEB TOTAL GAMBLING - ILLEGAL PAY OFF 0 0 0 GAMBLING - NUMBERS AND LOTTERY 0 0 0 GAMBLING - OTHER 0 0 0 GAREAGE LITTERING 0 0 0 HIT AND RUN FELONY 0 2 2 HIT AND RUN-MISDEMEANOR 12 13 25 ILLEGAL ALIEN - INS HOLD 0 0 0 ILLEGAL ESTABLIS~[MENT 0 0 0 ILLEGAL LIQUOR-MAKE,SELL, POSSESS 0 0 0 IMPORTING LIQUOR 0 0 0 INTIMIDATION /OTHER CRIMINAL THREAT 4 2 6 JUSTIFIABLE HOMICIDE 0 0 0 KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 2 1 3 KIDNAP - FOR RANSOM 0 0 0 KIDN~ - HI-JACK,TERRORIST 0 0 0 KIDN~ - HOSTAGE/SHIELD OR RE~OVAL/DELAY WITNESS 0 0 0 LICENSING ORDINANCES 0 1 1 LIQUOR LAW-OTHER 0 0 0 LIQUOR LICENSE VIOLATIONS 0 0 0 MINOR IN POSSESSION 4 5 9 MINOR ON PREMISES 0 0 0 MISCELLANEOUS 4 8 12 MOTOR VEHICLE THEFT 17 12 29 NEGLIGENT HOMICIDE - TRAFFIC 0 0 0 NEGLIGENT MANSLAUGHTER 0 0 0 NON CRIMINAL DOMESTIC DISTURBANCE 0 0 0 NON SUPPORT 0 0 0 OTHER 9 10 19 PARENTAL RESPONCIBILITY ORDINANCES (SVP) 0 0 0 PROPERTY - FOUND LOST MISLAID 16 12 28 PROPERTY RECOVER FOR OTHER AGENCY 3 2 5 PROSTITUTION - COMPEL 0 0 0 PROSTITUTION - ENGAGE IN 1 0 1 PROSTITUTION - OTHER 0 0 0 PROSTITUTION - PROMOTE 0 0 0 PUBLIC HEALTH AND SAFETY ORDINANCES 28 56 84 RECKI2SS DRIVING 1 0 1 ROBBERY - BANK 0 0 0 ROBBERY - BUSINESS 0 0 0 ROBBERY - CAR JACKING 1 1 2 ROBBERY - CONV.STORE 0 0 0 ROBBERY - HIGHWAY 0 0 0 ROBBERY - OTHER 1 1 2 ROBBERY - RESIDENCE 1 0 1 ROBBERY - SERVICE STATION 0 0 0 RUNAWAY 17 2 SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY 0 0 0 SEX CRIME - EXPOSER 1 0 1 SEX CRIME - FORCIBLE SODOMY 1 0 1 SEX CRIME - INCEST 0 0 0 SEX CRIME - MOLEST (PHYSICAL) 1 2 3 SEX CRIME - NON FORCE SODOMY 0 0 0 Woodburn Police Dept. PAGE DATE: 4/06/2004 PL6860 TIME: 16:31:30 MONTHLY CRIMINAL OFFENSES FOR JANUARY THRU FEBRUARY 2004 SCOTTRU ORII: 0R0240500 WPD RESULTS FOR ALL OFFENSES CHARGE DESCRIPTION JAN FEB TOTAL SEX CRIME - NON-FORCE RAPE 0 1 1 SEX CRIME - OBSCENE PHONE CALL 0 0 0 SEX CRIME - OTHER 0 0 0 SEX CRIME - PEEPING TOM 0 0 0 SEX CRIME - POIANOGRAPHY/OBSCENE MATERIAL 0 0 0 SEX CRIME - SEXUAL ASSAULT WITH AN OBJECT 0 0 0 STALKER 0 0 0 STOLEN PROPERTY - RECEIVING, BUYING, POSSESSING 0 0 0 SUICIDE 1 0 1 THEFT - BICYCLE 2 1 3 THEFT - BUILDING 7 4 tl THEFT - COIN OP MACHINE 0 0 0 THEFT - FROM MOTOR VEHICLE 30 29 59 THEFT - MOTOR VEHICLE PARTS/ACCESSORIES 1 0 1 THEFT - OTHF2 12 14 26 THEFT - PICKPOCKET 0 0 0 THEFT - PURSE SNATCH 1 0 1 THEFT - SHOPLIFT 15 14 29 TRAFFIC ORDINANCES 61 53 114 TPd%FFIC VIOLATIONS 37 37 74 TRESPASS 6 3 9 UNKNOWN 0 0 0 VANDALISM 28 31 59 VEHICLE RECOVERD FOR OTHER AGENCY 3 3 6 ~ ARREST FOR OUR AGENCY 1 1 2 ~APON - CARRY CONCEALED 0 1 1 9~APON - EX FELON IN POSSESSION 0 1 1 WEAPON - OTHER 0 0 0 ~%PON - POSSESS ILLEGAL 1 3 4 WEAPON - SHOOTING IN PROHIBITED AREA 0 0 0 WILLPUL MURDER 0 0 0 ZONING ORDINANCE 11 4 15 TOTAL: 553 532 1085 2004 TOTAL: 553 532 0 0 0 0 0 0 0 0 0 0 1085 2003 TOTAL: 520 360 0 0 0 0 0 0 0 0 0 0 880 2002 TOTAL: 1 0 0 0 0 0 0 0 0 0 0 0 1 9.8 Woodburn Police Dept. PAGE DATE: 4/06/2004 PL6850 TIME: 16:31:16 MONTHLY ARRESTS BY OFFENSE FOR JANUARY THRU FEBRUARY 2004 SCOTTRU ORI~: 0R0240500 WPD RESULTS FOR ALL CHARGES CHARGE DESCRIPTION JAN FEB TOTAL AGGRAVATED ASSAULT 0 0 0 AGGRAVATED MURDER 0 0 0 ANIMAL ORDINANCES 0 0 0 ARSON 0 0 0 ASSAULT SIMPLE 10 3 13 ATTEMPTED MURDER 0 0 0 BOMB THREAT 0 0 0 BURGLARY - BUSINESS 0 1 1 BURGLARY - OTHER STRUC'Fu'RE 0 0 0 BURGLARY - RESIDENCE 0 3 3 CHILD ADBkN/)ONENT 0 0 0 CHILD NEGLECT 0 0 0 CIi"/ ORDINANCE 0 0 0 CRIME DAMAGE-NO VANDALISM OR ARSON 6 3 9 CURFEW 4 2 6 CUSTODIAL INTERFERENCE 0 0 0 CUSTODY - DETOX 2 2 4 CUSTODY - MENTAL 0 1 1 CUSTODY- PROTECITVE 2 0 2 DISORDERLY CONDUCT 2 7 9 DOCUMENTATION 0 0 0 DRINKING IN PUBLIC 0 0 0 DRIVING UNDER INFLUENCE 8 12 20 DRUG LAW VIOLATIONS 30 3 33 DRUG PARAPHERNALIA 0 0 0 DWS/HEVOKED - FELONY 0 0 0 DWS/HEVOKED-MISD~OR 7 9 16 ELUDE 0 0 0 EI4BEZZLEMENT 0 0 0 ESCAPE FROM YOUR CUSTODY 0 0 0 EXTORTION/BLACKMAIL 0 0 0 FkIL TO DISPLAY OPERATORS LICENSE 6 5 11 FAMILY-OTHER 0 0 0 FORCIBLE RAPE 0 0 0 FORGERY/COUNTERFEITING 4 0 4 FRAUD - ACCOUNT CLOSED CHECK 0 0 0 FRAUD - BY DECEPTION/FALSE PRETENSES 0 1 1 FRAUD - CREDIT CARD/AUTOMATIC TELLER MACHINE 0 1 1 FRAUD - IMPERSONATION 0 4 4 FRAUD - NOT SUFFICIENT FUNDS CHECK 0 0 0 FRAUD - OF SERVICES/FALSE PRETENSES 0 0 0 FRAUD-OTHER 0 0 0 FUGITIVE ARREST FOR ANOTHER AGENCY 32 33 65 FURNISHING 0 0 0 GAMBLING - GAMES 0 0 0 GA~BLING - OTHER 0 0 0 GARBAGE LITTERING 0 0 0 HIT AND RUN FELONY 0 1 1 HI? kND RUN-MISDEMFJtNOR 2 2 4 ILLEGAL ALIEN - INS HOLD 0 0 0 INTIMIDATION /OTHER CRIMINAL THRFAT 4 1 5 KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 0 0 0 9.9 Woodburn Police Dept. PAGE DATE: 4/06/2004 PL6850 TIME: 16:31:16 MONTHLY ARRESTS BY OFFENSE FOR JANUARY THRU FEBRUARY 2004 SCOTTRU ORI#: 0R0240500 WPD RESULTS FOR ALL CHARGES CHARGE DESCRIPTION JAN FEB TOTAL ROBBERY ROBBERY ROBBERY ROBBERY ROBBERY ROBBERY RUNAWAY KIDNAP - FOR RANSOM KIDNAP - HI-JACK,TERRORIST KIDNAP - HOSTAGE/SHIELD OR REMOVAL/DELAY WITNESS LICENSING ORDINANCES LIQUOR LAW-OTHER MINOR IN POSSESSION MINOR ON PREMISES MISCELLANEOUS MOTOR VEHICLE THEFT NEGLIGENT HOMICIDE - TRAFFIC NEGLIGENT MANSLAUGHTER NON CRIMINAL DOMESTIC DISTURBANCE PARENTAL RESPONCIBILITY ORDINANCES (SVP) PROPERTY - FOUND LOST MISLAID PROPERTY RECOVER FOR OTHER AGENCY PROSTITUTION - COMPEL PROSTITUTION - ENGAGE IN PROSTITUTION - PROMOTE PUBLIC HEALTH AND SAFETY ORDINANCES ~CKLESS DRIVING ROBBERY - BANK ROBBERY - BUSINESS - CAR JACKING - CONV. STORE - HIGHWAY -OTHER - RESIDENCE - SERVICE STATION SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY 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 OMECT STALKER STOLEN PROPERTY - RECEIVING, BUYING, POSSESSING SUICIDE THEFT - BICYCLE THEFT - BUILDING THEFT - COIN OP MACHINE THEFT - FROM MOTOR VEHICLE THEFT - MOTOR VEHICLE PARTS/ACCESSORIES THEFT - OTHER THEFT - PICKPOCKET THEFT - PURSE SNATCH 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 4 9 0 0 0 0 0 0 1 4 5 0 0 0 0 0 0 0 0 0 9 13 22 0 0 0 0 0 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 3 0 0 0 0 0 0 5 0 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 0 0 0 0 0 0 0 0 0 0 0 2 3 5 0 0 0 0 0 0 1 3 4 0 0 3 1 4 0 0 0 4 1 5 0 0 0 0 0 0 Woodburn Police Dept. PAGE DATE: 4/06/2004 PL6850 TIME: 16:31:16 MONTHLY ARRESTS BY OFFENSE FOR JANUARY THRU FEBRUARY 2004 SCOTTRU ORI#: 0R0240500 WPD RESULTS FOR ALL CHARGES CHARGE DESCRIPTION JAN FEB TOTAL THEFT - SHOPLIFT TRAFFIC ORDINANCES TRAFFIC VIOLATIONS TRESPASS VANDALISM VEHICLE RECOVER]] FOR OTHF_A AGENCY WARRANT ARREST FOR OUR AGENCY WEAPON - CARRY CONCEALED WEAPON - EX FELON IN POSSESSION WEAPON - POSSESS ILLEGAL WEAPON - SHOOTING IN PROHIBITED AREA WILLFUL MURDER ZONING ORDINANCE 14 14 28 0 0 0 33 40 73 7 3 10 1 0 1 0 3 3 1 0 1 0 1 1 0 0 0 1 3 4 0 0 0 0 0 0 0 0 0 2004 TOTAL: 208 190 0 0 0 0 0 0 0 0 0 0 398 2003 TOTAL: 202 148 0 0 0 0 0 0 0 0 0 0 350 2002 TOTAL: 0 0 0 0 0 0 0 0 0 0 0 0 0 CITY OF WOODBURN Community Development 8! MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 Date: To: From: Subject: April 1, 2004 Jim Mulder, Community Development Director Building Division Building Activity for March 2004 (503) 982-5250 2002 2003 2004 Dollar Dollar Dollar No. Amount No. Amount No. Amount New Residence Value 10 $1,192,792 12 $1,920,183 13 $2,141,211 Multi Family I $7,259,590 0 $0 0 $0 Assisted Living Facilities 0 $0 0 $0 0 $0 Residential Adds & Alts 7 $113,985 0 $0 5 $122,664 Industrial 0 $0 0 $0 0 $0 Commercial Value 4 $37,437 4 $19,600 13 $450,247 Signs, Fences, Driveways 2 $4,700 2 $1,250 4 $23,990 Manufactured Homes I $85,421 I $20,000 2 $58,000 TOTALS 25. $8,693,925 19 $1,961,033 37 $2,796,112 Fiscal Year (July 1- $57,211,002 $16,084,707 $25,422,032 June 30) to Date PLANNING PROJECT TRACKING SHEET. Mail No~ice Fiflal PC Mail Project Date Deemed 120-Oay Facilities Notice to Post Sff Rpt PC Order Fiflal Nolios to Post Sir Rpt CC 0~1. CC Ofl:l. Applicant Description Received Complete Date Planner ReferTals Ideetin~ for PC Paper Pm~ert~ Due Headn~ Due O~]er for CC Papers Pmpert~ Due Hearin~ Due Adoption Annex business Anx perk into the UGB Waily Lien of I~e City. 06/01/99 N/A Jim conL Off ~-01, ZC Establish Ihe IL caimldar g9-01 zone on the prope~/. VA~ Rey-O-L~ s~n Co~e Va~ce 0e/23~2 I)2-05 s~ns. ~r~ fae ~ ~eog M[ 08/23/02 lncomp~ta WaNed by Hood A~e. ~2~9~2 applicant Naomi hVA 12/20/02 12/20/02 N/A 12/31/02 01/02/03 o6' 03-1g, RSS 8,610 sf storage Architecture bldg. at Ig55 S. 08/27/03 Incomp~e Naomi VAR Inc. Bir~la Eye Ave. o9/24~3 04-O2 0321, VA~ RSS Coe~tnx~ 2.2OO sf tncamp~me 03-27, Ar~c~ o~ce at 66g Gl~t 10/17103 11113/O3 Ci~. Com~le~ 05/31/04 V'~-tor 01/30/04 02/02_/04 02/05/04 N/A 02/13/04 02/1~/04 02/26~4 03/0yru~4 03/11/04 VAR CU DR C~ty of water t~ 11/24J03 03-24, woodbum facaity at 828 paer 10~28/03 Cam~ete 07/01/04 Naomi ~2/04 N/A ~)4/12J~4 04/15/04 VAR Rd. 03~04~4 03..30 CU 03-07, Modify apfxzwal of Incomplete ~ City of wetm' I~ 11f24/03 03-23, Woodbum facaty at ~084 10/28/03 Comp~em 07101/04 Naomi 03/19/04 N/A 03/30/04 ~ ~8/04 03-2g 03-Z5, Woe~m faaaty at 2225 ~orzs~03 ~ 07~)~/04 Naomi ~ ' N~A ~ ~ VAR Naeeeml Way 03-31 I,~..~J.L ZA l)3-04 City of Fen~ adjustmer~t at 10~28/03 11;24~)3 woodbum 202 Young St. COml~ete 06/18/04 Naomi PUD ~ 93 Lot su0d~ision ;,~,,~,~.e 6/9/04 03-02 ~ev located east of the 12/16/03 ~ Extended Naomi 03/19/04 N/A 03/30/~ ~ PA~I= I PLANNING PROJECT TRACKING SHEET Mail NolJce Final PC Mail Noik:e Project Date D~emed 120-Day FacJli~s Notice to Post SI~ ROt PC O~der Final Notice to Post Sff Rpt CC Ord. CC Or Applicant Desc~pfion Received Complete Date P~nner Retenals Idee~ for PC Paper Pr~ert¥ Due Hearing Due O~der for CC Pape~ Properly Due Hearing Due ZC03-02 ~ RS-ltoCO~tlB40 12/29/03 01/02~04 04/30/04 Victor N/A N/A 01/23/04 01/23/04 02/02/04 02/05/04 02/12/04 02/20/04 02/26/04 03/02/04 03fl)2/04 03/12/04 03/15/04 03/22/04 04/07/04 04/12/I SUB VAR Inc. Cod~y 01/20/04 01r27~04 Extended Na(~l 02/24/04 03/04~4 0aJ22/~ 0401 2/24/04 07/22/04 Trtp~t C~'mnJCt 2,000 ~q. DR 04..02 W~an rL remi bldg. 8( 1700 03/04/04 Na(xni coverage ~' 2575 03~.~dO4 Naomi CU 04..01, Ch~ ,..xpm~m to 03/01/04 Naomi VAR Nestlemde Qw~t olflce 8(2401 04.05 B~nes Ferry R~I, CU 04-02 ~ F~nanc~ 79O Law,on SL DR 04-04 Mid-Valley bar~ at 165,5 I~ 03/18/04 Naa=mi Bank CU04-04 Cu~s&~,.~y Ix~y~ol~a~ON. 03/19/04 Naomi DR 04.03 NW Real Renxx~ exted~ ol Estate ~p~g ca~ al 03/22/04 Naomi ~ 99E~214 Sulx~h/~e one parcel PAR Mu#~De~e- into 2 Io~ on West PAGE 2 LONG RANGE PROJECTS Mail Notice FIl~t PC Mail NO(iCe Project Date Deemed 120-Day Facilities Notice to Po~t sir RiX PC Order Final No~ce to Po~t Stf Rot CC Ord. CC Ord. Applicant Desc~on Received complete Date Planne~ Refen-al$ MeelJn~ for PC Paper Propert~ Due Hearl~ Due Ord.- for CC Papers Proper~ Due I-lea~n~ Due _.~_r_'_~. R.~ewa~ ap~=mved by ~ o~ John/Jim ~ 3/12/02 T,=,.~.~- Pmlimlnae/~ Sy~t~m~ hea~n~ am to n.m ~tan concun~ v4et Jim ~ Ta&k Pul=ac hean~ng~ Jim i:~C~mmurdty ~~O~ed.r:qannlng Case Log PAGE 3 WOODBU N 8I{ April 12, 2004 TO: FROM: SUBJECT: Mayor and City Council through City Administratord~~' Ben Gillespie, FinanceDirecto' Delay of Qwest Audit RECOMMENDATION: Accept report. BACKGROUND: In January 2002, the City of Woodbum joined 67 other cities in Oregon to audit local telephone companies for compliance with each city's franchise agreement. The two telephone companies involved are Qwest and Verizon. About 40 cities, including Woodburn are served by Qwest. The 68 cities formed the Oregon Municipal Audit Review Committee (OMARC) to administer the two audits. In January 2003, OMARC notified Qwest of ifs intent to audit. Qwest responded that it could not participate, because of staffing, until April 2006. They have been consistent in rebuffing any efforts to accelerate the schedule they have imposed on the process. The attached letter from the OMARC Steering Committee details the options considered in response to Qwest's refusal to cooperate. The Steering Committee's recommendation is to maintain the OMARC organization, but not invest any further effort in the project until April 2006. Additionally the Steering Committee recommends this action plan: Continue as much as possible until 2006 Perform the audit in 2006 If Qwest is uncooperative at that time, pursue litigation Agenda Item Review: City Administrator~ City Attorney Financ ',~/~ 86 Mayor and City Council April 12, 2004 Page 2 e DISCUSSION: Pursuing the matter now appears futile and a waste of effort that could more productively be applied to other tasks. FINANCIAL IMPACT: The expectation of the cities participating in OMARC is that all unpaid franchise fees will be recovered. However, the City's franchise ordinance (No. 2177) does not provide for penalties or interest on unpaid franchise fees. To that extent there are opportunity costs associated with the delay. 3'i' OMARC MEMBERS FROM: OMARC STEERING COMMITTEE DATE: MARCH 22, 2004 SUBJECT: QWEST FRANCHISE AUDIT UPDATE In response to inquiries from dty council members and staff regarding the progress of the joint Qwest franchise audit, the Steering CommiUge of the Oregon Munidpal Audit Review Committee (OMARC) are providing this update about the Qwest audit. In short, Qwest refuses to partidpate in the audit until April, 2006. As a result, the OMARC Steering Committee has examined various alternatives and developed a plan of action to address the problem. BACKGROUND In January 2002, about 70 Oregon cities entered an intergovernmental agreement and established OMARC to conduct joint audits of utility franchise fees paid by both Qwest and Verizon for the year 2002. OMARC retained the services of a consultant, MAXIMUS Inc., to conduct the review of the two companies concurrently. In addition, the two audits are led by the dries of I-Iillsboro (for the Vedzon audit) and Portland (for the Qwest audit) and the members of the OMARC Steering Committee from Ashland, Corvallis, Eugene, Florence, Gresham, Hillsbom, the Metropolitan Area Cable Commission (M_ACC), Newberg, Pendleton, Portland, Salem, Tigard, and Wilsonville. About 40 of the OMARC member dries are served by, and auditing, Qwest. On January 22, 2003, OMARC sent a letter of notice to Qwest of OMARC's intent to audit Qwest's response has been repeatedly consistent - Qwest c~nnot partidpate in the audit until April of 2006. However, Qwest has agreed to do everything possible to move the audit forward Has time aHowsY As a result, members of the OMARC Steering Committee have invested much time and effort in trying to work with Qwest in an attempt to achieve some progress on the Qwest audit. Also during this time, OMARC member cities partidpating in the Qwest audit, have been gathering necessary infonnarion to provide to Maximus staff to start their work. To date, Qwest has refused any coopemrion beyond attending a few meetings and some preliminary work on confidentiality agreements. MAXIMUS has been performing some work on both audits, but thc Vcrizon audit is actually underway and progressing respectably well, while the Qwest audit, admittedly, remains at a standstill since Qwest wiU not participate in the audit until April 2006. Qwest representatives have explained that their delayed partidpation is duc to the number of other audits that have been requested by local and state governments across the country. OMARC has attempted to obtain information about the number of those audits, which entities are requesting 38 2of4 them, when they were initiated, and where the OMARC audit falls in the queue, (and confirmation that there even is a queue). Qwest has refused to provide that information. OPTIONS Considering the time that has passed and the lack of notable progress with the Qwest audit, the Steering Committee decided to review the situation and possible options. The options identified included: 1. OMARC cities could stay together and wait until 2006 to perform the Qwest audit. 2. OMARC could collectively pursue legal options now. 3. Individual cities could independently file litigation. 4. OMARC could terminate the audit. Although the simplest action might be to terminate the audit, the Steering Committee decided against this option because it would send an inappropriate message to Qwest and it fails to accomplish the original objective of performing an audit of Qwest's franchise fees. In regard to possible litigation, the Steering Committee seriously addressed this issue, considered the cost of litigation, and noted that it could take until April, 2006 to obtain a final decision from any court After numerous consultations with legal experts, the Steering Committee determined the process would simply take too long to be beneficial. The Steering Committee's recommendation to not pursue litigation at this time certainly does not preclude any city fi'om independently considering that option. However, the Steering Committee requests that any city contemplating such action immediately contact the OMARC Steering Committee. Finally, the Steering Committee agreed on the following plan of action: A. OMARC members will continue progressing as much as possible until 2006. B. Do thc Qwest audit in 2006. C. IfQwest is uncooperative in 2006, cities could file litigation against Qwest at that time. In order to accommodate this change of plan regarding the Qwest audit, the consultant has agreed to extend the contract by another three years, resulting in a contract end date of June 30, 2008. If you wish to further discuss the information outlined in this memo, OMARC Steering Committee members invite you to contact your Team Leader, or any of the Steering Committee members listed below with any questions or concerns. Sarah Jo Chaplen, Co-Chair City of Hillsboro 503-681-6447 sarahc~ci.hillsboro.or, us Para Berrian City of Eugene 541-682-5590 pam.c.berrian~ci, eugene, or. us Craig Prosser City of Tigard 503-718-2486 Craig~ci.tigard. or. us Mary Beth Henry, Co-Chair City of Portland 503-823-5414 mbbenrvC~_,ci.portland.or.us Tony Krieg City of Corvallis 541-754-1731 Ton¥.Krieg(~_,ci.corvallis.or.us Beth Vargas Duncan City of Salem 503-588-6130 bduncan~,mail.open.org 39 3of4 Mary Gruss City of Hillsboro 503-681-6222 Mm~d.hillsboro.or. us Sarah Hackett MACC 503-645-7365 shackctt _~,maccor. orr Phil Sanstrum City of Gresham 503-618-2585 sanstmm~ci, gresham.or.us Kathy Tri City of Newberg 503-537-1216 trik~ci.newber~.or.us 40 WooI u N IOA April 12, 2004 TO: FROM: SUBJECT: Honorable Mayor and City Council through City Administrator Javier Perfecto, Community Relations Officer ~/~, Downtown Parking Lot Closure for the 2004 Plaza Area Celebrations RECOMMENDATION: It is recommended the City Council adopt the attached Ordinance prohibiting parking in the downtown parking lot to prevent interference with the 2004 Plaza Celebrations. BACKGROUND: The downtown merchants have asked the City for permission to use the plaza area fo promote their businesses. DISCUSSION: Merchants would like to bring families to the downtown area to celebrate the following dates: · Children's Day, April 25 · Mother's Day, May 9 · Father's Day, June 20 · Plaza Day, July 25 · Halloween and Day of the Dead, October 31 · Thanksgiving, November 21 · Christmas Posada (typical Christmas partyl, December 5 During the celebrations, there will be food vendors and music. The downtown parking lot would be closed from 10:00 p.m. on each Saturday prior to the event to 10:00 p.m. on the day of the event. During the construction of the plaza, merchants would like to use Settlemier Park instead of the plaza. Agenda Item Review: City Administrator~:~1~ 41 City Attorney Financ~ Honorable Mayor and City Council April 12, 2004 Page 2 FINANCIAL IMPACT: There is no financial impact associated with the recommended action. associated with these events will be paid for by the vendors. All costs 4,2 provide a copy of a signed indemnification agreement to the City at least five days prior to each Event. Section 3. !nsurance. As a condition of allowing each Event to be conducted on public property, the Woodburn Downtown Association shall provide and maintain at its own expense during the term of each Event comprehensive general liability insurance and comprehensive auto liability insurance with a combined single limit of One Million Dollars ($1,000,0001 per occurrence. Such insurance shall be primary to any other insurance maintained by the City and shall name to the City as an additional insured. The Woodburn Downtown Association shall provide the City a copy of a certificate of said insurance at least five days prior to the Event. Section 4. General Provision~. 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 each Saturday prior to the Event to 10:00 p.m. on the day of the Event as posted by a lawfully erected parking limitation sign for the clearance of motor vehicles on account of the 2004 Plaza Celebrations. This section shall not apply to vehicles which are necessary for the 2004 Plaza Celebrations. Section 5. Administration. The Administrator shall be responsible for the installation and maintenance of applicable parking signs and for the enforcement of this ordinance. Section 6. Civil Infraction Assessment. A violation of any pravision of this ordinance constitutes a Class 3 civil infraction and shall be dealt with according to the procedures established by Ordinance 1998. Section 7. Towing and Storage. iA) Any motor vehicle violating the provisions of this ordinance shall constitute a hazard ta 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 8. 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 9. Severability. If any section, clause, ar phrase of this ordinance or its application to any statute, is determined by any court of competent jurisdiction fo be invalid ar unenforceable for any reason, such determination shall not affect the validity of the remainder of this ordinance or its application. Page 2- Council Bill No. Ordinance No. 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 PLAZA CELEBRATIONS, PROVIDING FOR CIVIL ENFORCEMENT, AND DECLARING AN EMERGENCY. WHEREAS, the City Council finds that the 2004 Plaza Celebrations described herein will serve a public purpose; and WHEREAS, the 2004 Plaza Celebrations will be conducted by the Woodburn Downtown Association on public property; and WHEREAS, the limited clearing of public parking spaces by the City for the 2004 Plaza Celebrations will facilitate safe, effective, and efficient conduct of the 2004 Plaza Celebrations; and WHEREAS, the use of public property for the 2004 Plaza Celebrations shall be subject to availability of the property, which may be limited due to the anticipated construction of the plaza by the Woodbum Urban Renewal Agency; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. 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) "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. (C) "Event" shall mean each function sponsored by the Woodburn Downtown Association as part of the 2004 Plaza Celebrations on the dates referenced in Attachment "A," attached hereto and by this reference incorporated herein. (D) "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. Section 2. Indemnification. As a condition of allowing each Event to be conducted on public property, the Woodburn Downtown Association shall waive any and all claims against the City and agrees to save harmless, indemnify, and defend the City from any and all loss, damage or liability which may be suffered or incurred by the City arising out of or in any way connected to each Event, except those arising out of the sole and direct negligence of the City. The Woodburn Downtown Association shall Page 1 - Council Bill No. Ordinance No. Section 10. Emeraency 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: 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 3- Council Bill No. Ordinance No. ATTACHMENT "A" 2004 PLAZA CELEBRATIONS Children's Day Mother's Day Father's Day Plaza Day Halloween and Day of the Dead Thanksgiving Christmas Posada (typical Christmas party) April 25, 2004 May 9, 2004 June 20, 2004 July 25, 2004 October 31,2004 November 21,2004 December 5, 2004 Page 4- Council Bill No. Ordinance No. WOODBURN lOB April 12, 2004 TO: FROM: SUBJECT: Mayor and City Council through City Administrato~ Jim Mulder, Directar af Community Development Ordinance Approving Zone Change 03-02 (Men~nhall) RECOMMENDATION: Approve the attached ordinance approving Zone Change 03-02. BACKGROUND: The City Council, at its March 22, 2004 meeting, directed staff to prepare an ordinance to approve the above referenced application. That ordinance is attached. DISCUSSION: None. FINANCIAL IMPACT: The recommended action would likely result in the development of the subject property with land uses that would generate greafer properly fax revenues than the current zoning would. Agenda Item Review: City Administrator..~ .~ City Attorney Financ~/.~ 47 COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE GRANTING A ZONE CHANGE FROM RS (SINGLE FAMILY RESIDENTIAL) ZONE TO CO (COMMERCIAL OFFICE) ZONE ON PROPERTY LOCATED AT 1840 NEWBERG HIGHWAY; AND DECLARING AN EMERGENCY. WHEREAS, the applicant, David Mendenhall, submitted the following application: Zone Change Application Case No. 03-02; and WHEREAS, the Woodburn Comprehensive Plan and Zoning Map have established certain land uses within the City of Woodburn's Urban Growth Boundary; and WHEREAS, the Woodbum Planning Commission and the Woodburn City Council have reviewed the record pertaining to said application and heard all public testimony presented on said application; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That the subject property is owned by Timothy Brown and is legally described in Exhibit "A" which is affixed hereto and by this reference incorporated herein. Section 2. That the Woodburn Zoning Map is hereby amended as to the property described in Exhibit "A" to this Ordinance from RS (Single Family Residential) Zone to CO (Commercial Office) Zone based upon the Findings in Support which is affixed hereto as Exhibit Section 3. 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~ff~').~ ~ City Attorney Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder Approved: Kathy Figley, Mayor Page 'l - COUNCIL BILL NO. ORDINANCE NO. 48 ATTEST: Mary Tennant, City Recorder City of Woodbum, Oregon Page 2 -COUNCI L BILL NO. ORDINANCE NO. 4.9 Exhibit "A" V~KKIS UGTRUMEHT WILL ~ ALLOW USE OF 334E PROPERTY I:~.SCRIBED IN TWS If~T~MP. HT IN K)LATION oar APPUCABLH LAND USE LAWS AND REGULATIONS. BEFO~i SIGNING OR ACCPJF/1M3 DATED STATE OF OREGON. Cmmly oF S~I.L STAT~Od:C:XCF"GC~ REEL PAGE 50 · '~"'-=~- dtEEL P&GE STATUTORY BARGAIN AND SALE DEED KNOW ALI. MEN BY THESE PRF. SFJ43~, ~8~ DALE W. BAKEIt. Granwr. coflveys m '~4L~ 41 and the Wesm~ °ne4ulf of L°( 47. HALt"S HOMB TRACT. Marion County, O~'o~ (Soo V~dume f, . Pas~ 34. P__,~d~_ afTown Plats far Mtrtoa O)unly, Oregon. SAVE AND EXCEIq' tl~rcfa dig following: f'JeAinnb~ at the NcssThca~ c~ner of the Wcskn'ly one-AMI of L,x 40, HALL'S HOME TRACTS. Ma~ion csmny lira aisam Lm40. · dmanm of 145.00 feet: thence Easterly parallel w~th the North tine of said l.,m 40. · dism~g or 65.00 fc~t to the Easu:dy lira ~ AB WEma~ one-halfof said Lot 40;, thenc~ ~y afon~ said F. as(ef~ line 14S.00 foe~ m dac place of be[innin~ Al_qO SAV~ & EXCEPT ~ the rollowi~: Beginning ~ thc Nord~( ~orn~r of l~t 41, mnnir~ thenoe Easterly alon~ the Nofdl line of said Lot 41 a dimnoo of 9~.(10 foe~ thenoe Soudtu~sto4y pm'allot with dm Wes~dy line Ofs~M Lot 41 n distance of g0.00 fee~, then~ Wesmrly pmalld widt lbo M line of said t~ 41, a distar~e of ~t.00 foot lo tho %esterly linc of 41; dm:ncc Nmlho~eedy ~ ~Id Wost ;in~ of Lot 41, a dw of ~0.00 feet to the place SUTUECTroads and rmdway~TO:' ~ ri[~s of the public in and lo that portion of the hmdn ~ premises lyin~ within ali ~ co~ed~.r, with ~he imlms~.me~ ~ . i Tills INSTRUMENT WILL. NOT Al.LOW USG OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VKX.ATION OF APPUCABLE LAND USE/~WS AND RF-.GULATIOI~. BEFORE SIGNING OR ACCEFIING THIS INSTRUM~, TIlE PERSON ACQU!RD4G FEE TFTLG TO TIlE ~-' PROPERTY SHOULD CHEC~ WITH THE APPROPRIATi~. CITY OR COUNTY PLANNING ~1 D£PAR'I~G~T TO V~'IMF~Y APPROVED USES AI~D TO DETER~I[~'G ANY LIMFi~ ON LAWSUITS AGAINST FAIGfiNG OR FOREST PRAC'FICES AS DEFINED i!40R~ 30.930. I-, · ~ m~e nmi 3ami oonsideradon for ~his n'ansfcr, sta~d i# roms of do~Lus, is SNIL. Howc~n:~ d~c . cy~ actual consideration c~.kts of · d~vision of -(~_~s upon dissolution of pannen~;p. Until a cha~e is requested -si ~x smements shall be sent to 'l'uno~ R. nrown. 27:$ Shenandmh I.~ne. D~t_~4_ fhk, / da), of ~une, 1995. -~i'ATE OF OREGON ) " }ss. Coomy of M~rioe ) Person311y q~:med DA~ W. ~. ~ ~ng duly sm. d~ ~y ~t ~ i~m( ~ sig~ by him a~ t~l ~ ~l~g~ ~is i~m m ~ h~ ~u~ ~ ~ ~. Sig~ ~forc ~ th~ ~ day of Ju~. I~X. 51 ItEEL STATUTORY BARGAIN AND S LE KNOW ALL MEN BY THESE PREXENT~. that DAU~ W. BAKY. R. Grantor. Z.TrMOTRY R. ~OWN~:,th~ foflowi~ degd~ ~sl peopeny:. i~'--Beginning al ~ ~ ~ of ~ W~y ~lf of ~ 40. H~'S HOME T~, C~nty. ~. ~ Vol~ 4. ~ M. ~d ~T~ ~ f~ ~M ~ ~ S~} ~g We~y ~ ~ ~ i~ ~ ~ ~, ad~ ~ ~ f~ ~ ~~y, ~l~ W~y li~ of~M ~ ~, a dhm~ ~ 145.~ f~ ~ ~y, ~ w~ ~ N~ li~ 40. a dt~,~'~e of 65.00 foot ~o the EasW. dy li~ of the Wos~rly o~-halfof Said Lo~ 40;. thence Nonheast~iy along ukl Easterly lira 14X.00 feet m the ~ of heginninl. Io~¢l~cr ~i~ dm imprint-meres ~ 7-O,"X La~ /~/~. ~ 2. bl,~ 12.~A ~700 DEPARTMENT TO VERIFY APPROVED USES AND TO DWI'ER.MI,NE ANY UMf~ ON I-AW~UrI~ AGAINST FARMING OIt FORI~F PRACTICES AS DEFINED IN OP~ 30.9:]0. The true and aconl comidn~ f~r d~s Innsfer, stazd h ~ ~11~ k SNI~ I{ow~ ~ Until a ~ b r~ all ~ ~ ~l ~ ~ m T~y L ~. 275 S~M~ ~. W~. ~n ~071. D~ ~is ~ ~y ~ Ju~, I ~. STATE OF OREGON ) }~. Coumy of Marion ) Pcrsonally appc. m'ed DA[.~ W. BAICEP.. who being duly swam. d~d say [i't~ d~i.~ instrumcm was signod by him and that he ac. lcnm~led~es dlh immamcm IO b~ his voluntary att ami deed. Signed before n~ thh I /' day of June. 19~. PHacl I. Van ~ 52 EXHIBIT "B" FINDINGS IN SUPPORT Zone Change 03-02 II. III. APPLICATION INFORMATION: Applicant: David Mendenhall 7486 SW Lakeside Loop Wilsonville, OR 97070 Property Owner: Timothy Brown P.O. Box 419 Woodburn, OR 97071 NATURE OF APPLICATION: The applicant proposes to change the zoning map designation of the property located at 1840 Newberg Highway (Hwy. 214) and identified by the Marion County Tax Assessor as Township 5 South, Range 2 West, Section 12DA, Tax Lots 3500, 3600, and 3700, from Single Family Residential (RS) to Commercial Office (CO). RELEVANT FACTS: The subject property is zoned Single Family Residential (RS), designated as Commercial on the W oodburn Comprehensive Plan Map and located at 1840 Newberg Highway, which is on the south side of Highway 214 immediately to the east of the S-curve. The property is 1.48 acres in size (approx. 47,665 square feet) and consists of three tax lots (mentioned previously). Tax lot 3500 contains an existing single-family dwelling. The subject property is flat and mostly grass. A few small trees are located adjacent to the single family dwelling in the front and one medium to large fir tree is located behind the home. According to the local wetlands inventory, there are no wetlands on the subject property. The FEMA flood map (41047C0138G) shows the subject parcel to be outside the 500-yea r flood pla in. The applicant states the subject property, proposed to be rezoned, and the property to the south have entered into an agreement to provide public water, sewer and storm drainage via an easement. The applicant has applied with the Oregon Department of Transportation (ODOT) to share access to Highway 214 (Newberg Highway) with the Woodburn Fire District by using the Fire District's westerly driveway soon to be constructed. ZC03-02 53 Page IV. The adjacent property to the east is zoned Public and Semi-Public (P/SP), designated as Public Use on the Woodburn Comprehensive Plan Map and is in use by the Woodbum Fire District (1776 Newberg Highway). The adjacent property to the south is zoned Single Family Residential (RS) and designated Residential Less Than 12 Units Per Acre on the Woodburn Comprehensive Plan Map. A preliminary subdivision approval was recently given on the southerly property for 1 0 s ingle-family lots. T he adjacent property to t he west is zoned Medium Density Residential (gM) and designated as Commercial on the Woodburn Comprehensive Plan Map. This property to the west has been developed with a 47-unit retirement home (Colonial Gardens). The adjacent properties to the north (across Highway 214) are zoned Retirement Community Single Family Residential (RIS), designated Residential Less Than 12 Units Per Acre on the Woodburn Comprehensive Plan Map and are built out with single- family homes. RELEVANT APPROVAL CRITERIA: Zone Change 03-02: WOODBURN DEVELOPMENT ORDINANCE Section 5.104.04 Zoning Map Change; Owner Initiated B. WOODBURN COMPREHENSIVE PLAN FINDINGS: A. Woodburn Development Ordinance Section 5.104.04 Zoning Map Change; Owner Initiated: Section 5.104.04.C Criteria. Evidence proving a need for the proposed use and the other permitted uses within the proposed zoning designation. FINDING: There is no specific use proposed with this application. The applicant states that the owner plans to develop the property with an office structure. The City has approved at least six developments in the last few years to construct or expand office facilities in CO zones, demonstrating a consistent need for the uses permitted in the CO zone. The Woodburn Comprehensive Plan Map designates the subject property as Commercial and the Woodburn Comprehensive Plan (Page 79, X. The Land Use Plan, B. Commercial Lands) calls out the commercial land at the S-curve near Cascade Drive to be used for "low traffic generating uses such as offices and other service centers." These facts demonstrate that office use was originally planned for this parcel ZC03-02 54. Page 2 and that there is a need for additional office space in the City of Woodburn. m Evidence that the subject property best meets the need relative to other properties in the existing developable land inventory a Iready designated with t he same z one considering size, location, configuration, visibility and other significant attributes of the subject property. FINDING: Currently there are only two large (>44,000 square feet) vacant parcels that are zoned Commercial Office (CO) in the City of Woodburn. One parcel is located in the middle of the S-curve on the north side of Highway 214 and the other parcel is located behind (on the east side of) Safeway on Highway 211. Two small (< 6,000 square feet), vacant, Commercial Office (CO) zoned parcels are also located on Settlemier Road and one medium size vacant CO parcel is located in the Ray J. Glatt Circle office park. As stated a bore, the City has approved at least six developments in the last few years to construct or expand office facilities in the CO zone. These developments have significantly reduced the inventory of developable land designated for office uses. The Comprehensive Plan Map designates this property as Commercial. The existing zoning of RS is inconsistent and conflicts with the Comprehensive Plan Map designation. The Comprehensive Plan text indicates that the intended land use on the subject property is to be office use. The location of this property on Highway 214 provides good visibility for a business. The combined size of the tax lots (1.48 acres) is large enough to build an adequate size building while providing the required parking. The applicant has stated that he has applied with the Oregon Department of Transportation (ODOT) to share access to Highway 214 (Newberg Highway) with the Fire Department by using the Fire District's westerly driveway soon to be constructed. The property is fiat and rectangular in shape. These attributes suggest that the property will be relatively easy to design for office use. Rezoning this property from Single Family Residential (RS) to Commercial Office (CO) will help prevent a deficit in commercial land, especially Commercial Office (CO) zoned land which is already in short supply. Woodburn Comprehensive Plan As demonstrated below, this proposal complies with the Woodburn Comprehensive Plan. IX. Goals and Policies B. Commercial Land Development Policies ZC03-02 Page 3 55 a-6. Commercial office and other Iow traffic generating commercial retail uses can be located on collectors or in close proximity to residential areas if care in architecture and site planning is exercised. The City should insure by proper regulations that any commercial uses located close to residential areas have the proper architectural and landscaping buffer zones. FINDING: Changing the zoning designation from Single Family Residential (RS) to Commercial Office (CO) will comply with the above policy. The subject property is located on Highway 214, which is designated as a Major Arterial in the Woodburn Transportation System Plan (TSP). The subject property is located adjacent to residentially zoned property. The Woodburn Development Ordinance (WDO) insures that the proper architectural design and landscape buffer zones will be used. These design elements are reviewed under the Design Review process. X. The Land Use Plan B. Commercial Lands Commercial lands also pose difficulty in deciding their proper location because of the high traffic, which is generated by commercial uses and the necessity for good transportation facilities improvements. They also can impact quite severely on adjacent residential uses and this must be considered in their location, and especially in their zoning. The commercial areas of the city should be aimed to develop at higher densities instead of a sprawling type development. There are basically four major commercial areas in Woodburn, and they should serve the City for the foreseeable future. The first commercial area which the City developed was the downtown. It is located on both sides of a railroad track and despite problems in the recent past, it has remained an essential part of the City's economy, it is in a transitional stage at present as it no longer serves as the center of retailing for Woodburn. It presently suffers from a lack of maintenance and outmodled buildings. These need to be remodeled and updated so it can provide a greater share of Woodburn's services in the future. The second large commercial area which has developed in the City is the commercial strip along Highway 99E. The strip zoning along 99E has caused many problems in the City of Woodburn. This is ZC03-02 56 Page 4 because this type of development is the least efficient use of commercial land and highway frontage. While there is little which can be done with the areas which have already been developed, some of this will be redeveloping in the future, especially north of Lincoln Street. Access control policies shall be observed when street improvements occur. The third large area of commercial development in the City is the Interstate-5 Interchange. This contains one small shopping center already and a large amount of highway related uses. In general, commercial uses on the west side of the freeway should be limited to highway related interchange type uses, while on the east side -a more general commercial nature should be encouraged. There are located approximately 60 acres available for development southwest of Evergreen Road. This land should be developed as a large integrated shopping center when Woodburn's population justifies it. The fourth commercial area is the 2141211/99E "Four Corners" intersection. This area has become an important commercial district within the city. This "Four Corners" area serves as a more local retail service center. This commercial district could realize more development in the future. In this area development should be densified so as to not create another commercial strip development. In addition to these four major areas there are two other minor commercial areas, both of which are set aside for office uses. One at the S-Curve near Cascade Drive and State Highway 214 and one at the northwest quadrant of the intersection of Settlemier Avenue and State Highway 214. To minimize the impact along State Highway 214 only Iow traffic generating uses such as offices and other service centers should be located. Retail uses are not consistent with the overall plan concept for these two areas. FINDING: The Woodburn Comprehensive Plan Map designates the subject property as Commercial and the Woodburn Comprehensive Plan (text) calls out the commercial land at the S-curve near Cascade Drive to be "set aside for office uses." Office use was originally chosen for this property because it is a Iow traffic generating use, which will minimize the impact to Highway 2 14. T he applicant s rates t hat he h as applied with the Oregon Department of Transportation (ODOT) to share access to Highway 214 (Newberg Highway) with the Fire District by using the Fire District's westerly driveway soon to be constructed. If the access is approved by ODOT, combining driveways should lessen the impact to Highway 214 and improve safety by shifting the driveway away from the ZC03-02 Page 5 VI. S-curve, which will improve visibility. These facts demonstrate that office use was originally planned for this parcel and that the zone change proposal and future development will comply with the goals of the Comprehensive Plan. CONCLUSION: Based on the findings contained herein, all relevant approval criteria relating to approval of the zone change application have been satisfied. ZC03-02 $$ Page 6 WOODBURN 10C April 5, 2004 TO' FROM: SUBJECT: Mayor and City Council through City Administrator Mary Tennant, City Recorder /v~ Acceptance of Bancroft Bond Applications RECOMMENDATION: By motion, and under the authority of ORS 223.210, Council accept the attached Bancroft Bond applications which were filed after the initial 10-day filing period on the East Hardcastle LID. BACKGROUND: Under ORS 223.210 (Bancroft Bonding Act), affected property owners have 10 days after the date of the first publication of the final assessment ordinance to file a Bancroft Bonding application which gives the property owner the right to pay for the assessment under an installment program over a 10-year period. Applications received after the initial filing period require Council acceptance in order to participate in the installment program. DISCUSSION: Applications were received from the following property owners after the initial filing period: Joaquin and Veronica Cortez & Antonio M. Giron - 1832 Hardcastle Ave. Israel Rios - 1838 Hardcastle Ave. Jose & Rosa Leos- 1135 Greenview Dr. Jill Dilsaver- 1375 Greenview Dr. Regina & Larry Lagging - 1467 Greenview Ct. Charlene Mendoza- 1873 Centennial Drive Jose Rivera - 1175 Orchard Lane (Tax Lots 051W08DD03200 & 051W08DD03300) Jose & Leobarda Valenzuela - 1836 Hardcastle Ave. Bill & Noreen Kapssof - Tax Lot 051W08DD04300 Acceptance of these applications allows the above-named property owners to participate in the installment program established under the final assessment ordinance for this improvement project. Agenda Item Review: City Administrato~_~ City Attorney Financ~ Mayor and City Council April 5, 2004 Page2 FINANCIAL IMPACT: There is no financial impact on the City unless the property owner defaults on assessment payments. If that were to occur, the City could initiate foreclosure proceedings in order to recover the assessment balance plus interest and related costs. 60 APPLICATION UNDER BONDING ACT To the Recorder of the City of Woodburn, Oregon: In accordance with the provision of ORS 223.205 to 223.295 being the Bancroft Bonding Act of 1893 and Acts amendatory thereof and supplementary thereto, I (we), C-o ~3Xe~ ~c~cto.,.,,~ }_ ~.,~.~....and · -. ~.',o /~e,~3,~ L-_ (0-~,,o~ hereby make application and agree to pay my proportion of the cost of: Improvement of East Hardcastle Avenue from Pacific Highway 99E to the east City Boundary as the same has been determined and asses_.sed, by the Council of the City of Woodburn by Ordinance No. 2352 and Docket of the City Liens of said City, in twenty (20) semi-annual installments with interest thereon at the rate of 5.44% per annum on all unpaid assessments. Said interest to be payable semi-annually, at the time each installment is paid as required by the provisions of said Act aforesaid. And I (we) ~.. 0o..<oet :, 4_._ and ~tc~\o /~e,~)o~_o, (,~, hereby expressly waive all or any irregularity or defect jurisdictional or otherwise, in the proceedings to improve said street or construct said infrastructure improvements and in the apportionment and assessment of the cost thereof on the following property, to wit: Tax Lot No. Subdivision / Lot: Deed Reference: Site Address: 051W08DC05801 EAST VIEW ADDITION / 21310005BS 1832 HARDCASTLE AV 0.00 ~ In witness whereof we have hereunto set our hand(s) and seal(s) this Done in the presence of: day of~; 20c,~ ~ '~ '~> (Seal) '~~"~ (Seal) 61 APPLICATION UNDER BONDING ACT To the Recorder of the City of Woodburn, Oregon: In accordance with the provision of ORS 223.205 to 223.295 being the Bancroft Bonding Act of 1893 and Acts amendatory thereof and supplementary thereto, I (we), .-~ ~_:5~c_'-C. Qb_ ~.{h c., _ and hereby make application and agree to pay my proportion of the cost of: Improvement of East Hardcastle Avenue from Pacific Highway 99E to the east City Boundary as the same has been determined and assessed by the Council of the City of Woodburn by Ordinance No. 2352 and Docket of the City Liens of said City, in twenty (20) semi-annual installments with interest thereon at the rate of 5.44% per annum on all unpaid assessments. Said interest to be payable semi-annually, at the time each installment is paid as required by the provisions of said Act aforesaid. And I (e)w~-Y[ .~J'Q~tX,~-T_~ ~ and hereby expressly waive all or any irregularity or defect jurisdictional or otherwise, in the proceedings to improve said street or construct said infrastructure improvements and in the apportionment and assessment of the cost thereof on the following property, to wit: Tax Lot No. Subdivision / Lot: Deed Reference: Site Address: 051W08DC05800 EAST VIEW ADDITION / 20240364WD 1838 HARDCASTLE AV 5.00 In witness whereof we have hereunto set our hand(s) and seal(s) this day of._ ."-~_~ Address: (Seal) (Seal) 62 APPLICATION UNDER BONDING ACT To the Recorder of the City of Woodburn, Oregon: In accordance with the provision of ORS 223.205 to 223.295 being the Bancroft Bonding Act of 1893 and Acts amendatory thereof and supplementary thereto, I (we), .4e,.x L--~. 2.~_,~:~&~ and f.~.~ of,~- ~-~ hereby make application and agree to pay my proportion of the cost of: Improvement of East Hardcastle Avenue fi.om Pacific Highway 99E to the east City Boundary as the same has been determined and assessed by the Council of the City of Woodbum by Ordinance No. 2352 and Docket of the City Liens of said City, in twenty (20) semi-annual installments with interest thereon at the rate of 5.44% per annum on all unpaid assessments. Said interest to be payable semi-annually, at the time each installment is paid as required by the provisions of said Act af°resaid' And I (we) ~~5>n~4~ and g/~ J-~6~;~- hereby expressly waive all °r-. _ any irregularity or~l~ect jurisdictional or otherwise, in the proceedings to improve said street or construct said infrastructure improvements and in the apportionment and assessment of the cost thereof on the following property, to wit: Tax Lot No. 05 IW08DC03100 Subdivision / Lot: GREENVIEW ACRES / 5.00 Deed Reference: 04040088RD Site Address: 1135 GREENVIEW DR In witness whereof we have hereunto set our hand(s) and seal(s) t~his ~ day of Done in the presence of: 2009,. /~~ (Seal) ~L~ c,~9--- c~_O-e_,,/~. (Seal, Address: 63 APPLICATION UNDER BONDING ACT To the Recorder of the City of Woodburn, Oregon: In accordance with the provision of ORS 223.205 to 223.295 being the Bancroft Bonding Act of 1893 and Acts amendatory thereof and supplementary thereto, I (we), ~ 1] ~)i],q~ [/,(-;,9/' and hereby make application and agree to pay my proportion of the cost of' Improvement of East Hardcastle Avenue from Pacific Highway 99E to the east City Boundary as the same has been determined and assessed by the Council of the City of Woodburn by Ordinance No. 2352 and Docket of the City Liens of said City, in twenty (20) semi-annual installments with interest thereon at the rate of 5.44% per annum on all unpaid assessments. Said interest to be payable semi-annually, at the time each installment is paid as required by the provisions of said Act aforesaid. And I (we),~/\ ~ } ,~:ff.~ I~f' and -"--'- ° hereby expressly waive all or any irregularity or defect jurisdictional or otherwise, in the proceedings to improve said street or construct said infrastructure improvements and in the apportionment and assessment of the cost thereof on the following property, to wit: Tax Lot No. 051W08DA05700 Subdivision / Lot: COUNTRY ACRES ESTATES / 12.00 Deed Reference: 17840337WD Site Address: 1375 GREENVIEW DR Done in the presence of: __ _ (Seal) 64 APPLICATION UNDER BONDING ACT To the Recorder of the City of Woodburn, Oregon: In accordance with the provision of ORS 223.205 to 223.295 being the Bancroft Bonding Act of 1893 and Acts amendatory thereof and supplementary thereto, I (we),,,"~--~ [f'U~ ailS [,.~-X[o v~ hereby make application and agree to pay my proportion of the cost of: Improvement of East Hardcastle Avenue from Pacific Highway 99E to the east City Boundary as the same has been determined and assessed by the Council of the City of Woodbum by Ordinance No. 2352 and Docket of the City Liens of said City, in twenty (20) semi-annual installments with interest thereon at the rate of 5.44% per annum on all unpaid assessments. Said interest to be payable semi-annually, at the time each installment is paid as required by the provisions of said Act aforesaid. And I (we~te~o~QG_OW_a'}.-~, o0- ~"and ~Yl~/jr {a::l-5~o~ hereby expressly waive all or any irregularity or defect jurisdictional or otherwise, in the proceedings to improve said street or construct said infrastructure irnprovements and in the apportionment and assessment of the cost thereof on the following property, to wit: Tax Lot No. Subdivision / Lot: Deed Reference: Site Address: 051W08DD01000 COUNTRY ACRES ESTATES / 02021018RD 1467 GREENVIEW CT 13.00 i, ',,, imess whereof we have hereunto set our hand(s) and seal(s) this __ (dtt/r.ne in the presenceO  OFFICIAL SEAL ADAMELIA LUGO NOTARY PUBLIC-OREGON COMMISSION NO. 331673 MY COMMISSI0t~ ~.X0fflES MAR. 19, 2004 day of , 20__ ~ (Seal) 65 APPLICATION UNDER BONDING ACT To the Recorder of the City of Woodburn, Oregon: In accordance with the provision of ORS 223.205 to 223.295 being the Bancroft Bonding Act of 1893 and Acts amendatory thereof and supplementary thereto, I (we), ("_~/~' r~/Qq a_ ~ ~?l.~_.~c ~ c, and hereby make application and agree to pay my proportion of the cost of: Improvement of East Hardcastle Avenue from Pacific Highway 99E to the east City Boundary as the same has been determined and assessed by the Council of the City of Woodbum by Ordinance No. 2352 and Docket of the City Liens of said City, in twenty (20) semi-annual installments with interest thereon at the rate of 5.44% per annum on all unpaid assessments. Said interest to be payable semi-annually, at the time each installment is paid as required by the provisions of said Act af°resaid. And I (we)/'~''/~/ //-~ ~//~~ td'~-y,~' hereby expressly waive all or any irregularity or defect jurisdictional or otherwise, in the proceedings to improve said street or construct said infrastructure improvements and in the apportionment and assessment of the cost thereof on the following property, to wit: Tax Lot No. Subdivision / Lot: Deed Reference: Site Address: 051W08DC08700 CENTENNIAL SUB / 12.00 15630169WD 1873 CENTENNIAL DR In witness whereof we have hereunto set our hand(s) and seal(s) this ~O/ day of ~,~ , 20~.~' Done in the presence of: ~..tS;~ ;i ~(~, )~ff~~ ',- - (Seag - - Address: 66 APPLICATION UNDER BONDING ACT To the Recorder of the City of Woodburn, Oregon: In accordance with the provision of ORS 223.205 to 223.295 being the Bancroft Bonding Act of 1893 and ACts amendatory thereof and supplementary thereto, I (we), ~ ze_' ~ ltro~r~ and hereby make application and agree to pay my proportion of the cost of' Improvement of East Hardcastle Avenue from Pacific Highway 99E to the east City Boundary as the same has been determined and assessed by the Council of the City of Woodburn by Ordinance No. 2352 and Docket of the City Liens of said City, in twenty (20) semi-annual installments with interest thereon at the rate of 5.44% per annum on all unpaid assessments. Said interest to be payable semi-annually, at the time each installment is paid as required by the provisions of said Act aforesaid. And I (we) (-~ Y>c-~ ~)~,c~ and hereby expressly waive all or any irregularity or defect jurisdictional or otherwise, in the proceedings to improve said street or construct said infrastructure improvements and in the apportionment and assessment of the cost thereof on the following property, to wit: Tax Lot No. Subdivision / Lot: Deed Reference: Site Address: 051W08DD03200 GREENVIEW ACRES / 17630131BS 1175 ORCHARD LN 10.00 In witness whereof we have hereunto set our hand(s) and seal(s) this Done in the presence of: JO 5~ lq day of ~ , 200 ~ l ~ v ~ (Seal) (Seal) Address: 67 APPLICATION UNDER BONDING ACT To the Recorder of the City of Woodburn, Oregon: In accordance with the provision of ORS 223.205 to 223.295 being the Bancroft Bonding Act of 1893 and Acts amendatory thereof and supplementary thereto, I (we), ~,~ 5~_ ~ I~,e~. and hereby make application and agree to pay my proportion of the cost of: Improvement of East Hardcastle Avenue from Pacific Highway 99E to the east City Boundary as tine same has been determined and assessed by the Council of the City of Woodbum by Ordinance No. 2352 and Docket of the City Liens of said City, in twenty (20) semi-annual installments with interest thereon at the rate of 5.44% per annum on all unpaid assessments. Said interest to be payable semi-annually, at the time each installment is paid as required by the provisions of said Act aforesaid. And I (we) qJO ~ ~ {u,~./'~, and hereby expressly waive all or any irregularity or defect jurisdictional or otherwise, in the proceedings to improve said street or construct said infrastructure improvements and in the apportionment and assessment of the cost thereof on the following property, to wit: Tax Lot No. Subdivision / Lot: Deed Reference: Site Address: 051W08DD03300 / 0.00 14740037RD 00000000000 In witness whereof we have hereunto set our hand(s) and seal(s) this Iq dayof ~ Done in the presence of: Address: , 20~. (Seal) (Seal) 68 APPLICATION UNDER BONDING ACT To the Recorder of the City of Woodburn, Oregon: In accordance with the provision of ORS 223.205 to 223.295 being the Bancroft Bonding Act of 1893 and Acts amendatory thereof and supplementary thereto, I (we), ,_..! ()~_ ~,! _/i_ l_.l i ~_1.~ ( 1 .Q,-ahd ~-,.(J ()b fi{ f__ v, [_ / ~. } t~ ake application and agree to pay my proportion of the cost of' Improvement of East Hardcastle Avenue from Pacific Highway 99E to the east City Boundary_ as the same has been determined and assessed by the Council of the City of Woodburn by Ordinance No. 2352 and Docket of the City Liens of said City, in twenty (20) semi-annual installments with interest thereon at the rate of 5.44% per annum on all unpaid assessments. Said interest to be payable semi-annually, at the time each installment is paid as required by the provisions of said Act aforesaid. AndI(we).-~,~_ ~l~z~/~ and lf~,~.I~'do~z~.~, hereby expressly waive all or any irregularity or defect jurisdictional or otherwise, in the proceedings to improve said street or construct said infrastructure improvements and in the apportionment and assessment of the cost thereof on the following property, to wit: Tax Lot No. Subdivision / Lot: Deed Reference: Site Address: 051W08DC05700 EAST VIEW ADDITION / 11130221RD 1836 HARDCASTLE AV 5.00 In witness whereof we have hereunto set our hand(s) and seal(s) this Done in the presence oE day of'-('<:~,xr,_~ 200~ ~/'cJ~z.,~,4_~ la. (Seal) (Seal) 69 APPLICATION UNDER BONDING ACT To the Recorder of the City of Woodburn, Oregon: In accordance with the provision of ORS 223.205 to 223.295 being the Bancroft Bonding Act of 1893 and Acts amendatory thereof and supplementary thereto, I (we)'~///,~~/ and /~/f~/~/ .~/~_~ ~/~'~ hereby make application and agree to pay my proportion of the cost of: Improvement of East Hardcastle Avenue from Pacific Highway 99E to the east City Boundary as the same has been determined and assessed by the Council of the City of Woodbum by Ordinance No. 2352 and Docket of the City Liens of said City, in twenty (20) semi-annual installments with interest thereon at the rate of 5.44%.. per annum on all unpaid assessments. Said interest to be payable semi-annually, at the time each installment is paid as required by the provisions of said Act aforesaid. And I (we'~//,/~ ,)~/.~. ?~-5't97'f and]~f-~ ~/}f~ hereby expressly waive all or any irregularity or defect jurisdictional or otherwise, in the proceedings to improve said street or construct said infrastructure improvements and in the apportionment and assessment of the cost thereof on the following property, to wit: Tax Lot No. 05 lW08DD04300 Subdivision / Lot: / 0.00 Deed Reference: 10640207RD Site Address: 00000000000 In witness whereof we have hereunto set our hand(s) and seal(s) this ,.~,d~ day of.~ Done in the presence of: f3 Address:. , 20t9 .A~ (Seal) (Seal) 7O WOODBU ,N 1OD April 6, 2004 TO: FROM: SUBJECT: Mayor and City Council through City Administrator-~ Frank Tiwari, Public Works Director ~ Blaine/Bryan/McKinley Storm Drain Project Contract Assignment RECOMMENDATION: Authorize assignment of construction contract on project no. 2003-024-36 from Wayne Jeskey Construction Company to Elting Incorporated. BACKGROUND: On November 10, 2003, the City Council awarded a contract to Wayne Jeskey Construction Company in the amount of $249,512.90. A Notice to Proceed was issued, but the project has been delayed by the replacement of gas lines in the vicinity by Northwest Natural. DISCUSSION: Wayne Jeskey recently notified staff that he is retiring and all equity in the Wayne Jeskey Construction Company has been purchased by EIting Incorporated. Staff was also informed that Elting Incorporated is owned entirely by James A. Elting, who formerly owned 50 percent of the Wayne Jeskey Construction Company. Elting Incorporated and Wayne Jeskey Construction Company are requesting that the City consent to assignment of the contract to Elting Incorporated. If the assignment is authorized by the City Council, staff will require Elting Incorporated to execute the necessary bonds, insurance certificate, and all other required documents. Agenda Item Review: City Administrator ~ City Attorney Financ~ 71 Mayor and City Council April 6, 2004 Page 2 FINANCIAL IMPACT: There is no significant cost associated with the assignment action. City cost is limited to the staff time used to evaluate contractor's documentation. There will be no change in the previously Council approved contract amount. Attachments: Letter from Wayne Jesl<ey Letter from Elting Corporate Secretary WAYNE JESKEY CONSTRUCTION CO. Ill March 8, 2004. David N. Torgeson, P.E. City of Woodbum Engineering Division 190 Garfield Str~-t Woodburn, Or 9707 ! R~: Btaine/Bryan/McKiale~ Storm Drain Dear Mr. Torgcson: Wayne Jeskey Constv,..ction Company is a State of Oregon Corporation, Registry #190361-85. All shares outstanding are owned equally by James Elting and Wayne Jeskey. Mr. Je~ey is retiring and all equity in Wayne le~ey Construction Company has been purchased by Eltin& Inc. an Oregon Corporation owned by Mr. Elting. It is the requeat of Mr. Seskey and Mr. Elting that the BlainedBx3ran/McKinley Storm Drain project be assigned to Elting, Inc. as referenced in the Contract Documents. When the project was bid on November 4, 2003 Wayne Jeskey Construction Company fully intended to complete the work. Due to unforeseen delays we are submitting this request. Your prompt reply to this matter would be greatly appreciated. Very truly yours, Wayne~ President Post Office Box 1713 Clackamas, Oregon 97015 CCB# 64220 12435 SE Highway 212 (503) 650-8235 Fax: (51)3) 656-5517 El-TING INCORPORATED March 9, 2004 City of Woodburn - Engineering Division David N. Torgeson, P.E. 190 Garfield Street Woodbum, OR 97071 Re: Blaine/Bryan/McKinley Storm Drain Improvement Project Mr. Torgeson. Ehing, Inc. (100% owned by James A. Elting) has purchased the assets of Wayne Jeskey Construction Company and will be assuming ail conlxactual agreements that Wayne Jeskey Construction Co. is currently liable for. Prior to the purchase/Iames A. Elting and Wayne Jeskey were the equal and sole owners of Wayne Seskey Construction Company. Wayne Jeskey Construction Company entered into a contract with the City of Woodbum in November of 2003 for the referenced project. Etting, Inc. hereby requests that the City of Woodburn allow completion of the contract by them. Elting, Inc. is a 34-year-old company experienced in all types of public works projects ranging from a $40,000,000 riverbank restoration project for the federal government to $5,000 slide repair projects for Oregon Department of Transportation, and various other agencies. Our resume of both public and private work is available upon request. Thank you for your help and cooperation in this matter. Sincerely, Ronald L. Belnap Controller/Corp. Secretary Conlractor Lic. #'s: OR - 63027 / WA - ELTINI'095M4 / ID - 11973-AAA4(l&) I CA 516709 P - 503,656.095,~ F - $03.656.84,~8 E - infoOehlnglnc.com MzifinB: po box 366 Clackamas, OR 97015 Physical: 780 82nd Or. Glad:~lone, OR 97027 74 IOE April 7, 2004 TO: FROM: SUBJECT: Mayor and City Council through City Administrator~¢~'~ Randy Scott, Senior Engineering Technician J~¢ Right of Way and Easement Acceptance, Boones Ferry Road RECOMMENDATION: It is being recommended that the City Council accept the Right of Way Dedication, Permanent and Temporary Utility easement from the Woodburn School District as described on Attachment "A", "B" and "C". BACKGROUND: The improvement of Boones Ferry Road between State Highway 214 and Goose Creek requires that properties be acquired for the realigned project. The Right of way, Attachment "A", Permanent Easement Attachment "B" and Temporary Easement Attachment "C" are being conveyed by the Woodburn School District in conjunction with the next phase of the Boones Ferry Road Improvement, from State Highway 214 to Goose Creek. DISCUSSION: The Right of way conveyance varies in width but is approximately 8,000 square feet. This is in addition to the previous 12.5 feet wide strip previously conveyed to the city. The permanent utility easement is 10 feet in width and will provide an area for the relocation of franchised utilities in con]unction with the improvement. The temporary easement covers the existing parking lot area west of the school building. This easement will allow the city to use the area for staging during construction and allow certain improvements necessary for the shifted street alignment. Agenda Item Review: City Administrafor~ City Attorney jC/J.~ Financ~ 75 Mayor and City Council April 7, 2004 Page 2 FINANCIAL IMPACT: The $25,000 funding required for the conveyance, and associated improvement costs needed to complete the project, is outlined in the council approved resolution and ordinance. Attachments: Attachment "A", Right of Way Conveyance Attachment "B", Permanent Utility Easement Attachment "C", Temporary Utility Easement 'i'6 WARRANTY DEED Grantor WOODBURN SCHOOL DISTRICT NO. 103, conveys and warrants to Grantee CITY OF WOODBURN, a municipal corporation of the State of Oregon, the hereinafter described real property, free of encumbrances except as specifically set forth herein, situated in Marion County, Oregon. Consideration: The true and actual consideration for this transfer is $22,000. Tax Statements: Until a change is requested, all tax statements shall be sent to the following address: City of Woodburn, 270 Montgomery Street, Woodburn, OR 97071. Person authorized to receive the instrument after recording: Mary Tennant, City Recorder, 270 Montgomery Street, Woodburn, OR 97071. Beginning at a point 42.50 feet westerly at a right angle to Engineer's Centerline Station 0+31.92, (Boone's Ferry Road), thence N88°54'00"W, along the northerly right-of-way line of Oregon State Highway 214, a distance of 18.40 feet to a point; thence N13°00'00"E a distance of 186.87 feet to a point; thence Northeasterly, along the arc of a 1225.14 feet radius curve right (the chord of which bears N16°04'56"E 131.75 feet), an arc distance of 131.81 feet to a point of reverse curvature; thence Northeasterly, along the arc of a 1196.14 feet radius curve left (the chord of which beam N16°04'56"E 128.63 feet), an arc distance of 128.69 feet to a point; thence N13°00'00"E a distance of 424.89 feet to a point; thence Northeasterly, along the arc of a 191.00 feet radius curve right (the chord of which bears N18°52'24"E 39.13 feet), an arc distance of 39.20 feet to a point 42.50 feet westerly at a right angle to Engineer's Station 9+38.81, (Boone's Ferry Road); thence S13°00'00"W a distance of 906.89 feet to the point of beginning. Map Tax Lot 015W07BD02300 THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. Warranty Deed - WSD Page 1 of 3 THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND WHICH LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES. DATED this I '2.'l'k day of ~ P R t t.... ,2004. WOODBURN SCHOOL DISTRICT NO. 103 Walt Blomberg, Superintendent CORPORATE ACKNOWLEDGEMENT STATE OF OREGON, County of Marion) ss.  OFFICIAL SEAL IRENE E. VELICHKO NOTARY PUBLIC-OREGON COMMISSION NO. 337303 MY COMMISSION EXPIRES SEPT. 22, 2004 The foregoing instrument was acknowledged before me this 12th day of April 2004 by Walt Blomberg, the Superintendent of Woodburn School District No. 103, a corporation, and the foregoing instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and each of them acknowledged said instrument to be its voluntary act and deed. NOTARY PUBLIC FOR OREGON My Commission Expires: ~l'/g-o~--i O~ Warranty Deed - WSD Page 2 of 3 PERSONAL ACKNOWLEDGEMENT STATE OF OREGON, COunty of Marion) ss. The foregoing instrument was acknowledged before me this day of ,2004 by NOTARY PUBLIC FOR OREGON My Commission Expires: City of Woodburn 270 Montgomery Street Woodburn, OR 97071 (Grantee's Name and Address) Accepted on behalf of the City of Woodburn after authorization by its City Council on the condition that the dedication conveyed is free and clear from taxes, liens, and encumbrances. City Recorder: Mary Tennant Warranty Deed - WSD Page 3 of 3 -~ ~'~ ATTACHMENT "A" WARRANTY DEED Grantor WOODBURN SCHOOL DISTRICT 103C OF MARION COUNTY, conveys and warrants to Grantee CITY OF WOODBURN, a municipal corporation of the State of Oregon, the hereinafter described real properly, free of encumbrances except as specifically set forth herein, situated in Madon County, Oregon. Consideration: The true and actual consideration for this transfer is $22,000. Tax Statements: Until a change is requested, all tax' statements shall be sent to the following address: City of Woodburn, 270,Montgomery Street, Woodburn, OR 97071. Person authorized to receive the instrument after recording: Mary Tennant, City Recorder, 270 Montgomery Street, Woodburn, OR 97071. Beginning at a point 42.50 feet westedy at a dght angle to Engineer's Centerline Station 0+31.92, (Boone's Ferry Road), thence N88o54'00"W, along the northerly right-of-way line of Oregon State Highway 214, a distance of 18.40 feet to a point; thence N13°00'00"E a distance of 186.87 feet to a point; thence Northeasterly, along the arc of a 1225.14 feet radius curve right (the chord of which bears N16o04'56"E 131.75 feet), an arc distance of 131.81 feet to a point of reverse curvature; thence Northeasterly, along the arc of a 1196.14 feet radius curve left (the chord of which bears N16°04'56"E 128.63 feet), an arc distance of 128.69 feet to a point; thence N13°00'00"E a distance of 424.89 feet to a point; thence Northeasterly, along the arc of a 191.00 feet radius curve right (the chord of which bears N18o52'24"E 39.13 feet), an arc distance of 39.20 feet to a point 42.50 feet westerly at a right angle to Engineer's Station 9+38.81, (Boone's Ferry Road); thence S13°00'00"W a distance of 906.89 feet to the point of beginning. Map Tax Lot 015W07BD02300 THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. Warranty Deed - WSD Page 1 of 3 7'7 ATTACHMENT "A" THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND WHICH LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES. DATEDthis _.~- t~, dayof ~[-~F~:'c- ,2004. WOODBURN SCHOOL DISTRICT 103C OF MARION COUNTY BY: Walt Blomberg, Supedr~/ndent PERSONAL ACKNOWLEDGEMENT STATE OF OREGON, County of ) ss. The. foregoing instrument was acknowledged before me this'.~'~-J~ day of /__ L~.~. \ ,2004 by NOTARY PUBLIC FOR OREGON My Commission Expires: warranty Deed - WSD Page 2 of 3 '78 ATTACHMENT "A" CORPORATE ACKNOWLEDGEMENT STATE OF OREGON, County of"-"~"1 ~ } Kd, ;. ~ ) SS. The foregoing~ instrument was acknowledged before me this --~'~' ~- ~., . day of the "-"' (title) (corporate name) a corporation, and the foregoing instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and each of them acknowledged said instrument to be its voluntary act and deed. OFRCIAL SEAl_ CINDY BOHACH NOTARY PUBUC-OREGON NOTARY P[~II~LIC FOR OP-_,EGON My Commission Expires: -. --.,__~.,o :'t-- .-.-.-.-.~.j ~o3~.c,¢_., % I City of Woodburn 270 Montgomery Street Woodburn, OR 97071 (Grantee's Name and Address) Accepted on behalf of the City of Woodburn after authorization by its City Council on the condition that the dedication conveyed is free and clear from taxes, liens, and encumbrances. City Recorder: Mary Tennant Warranty Deed - WSD Page 3 of 3 WOODBURN SCHOOL DISTRICT RIGHT OF WAY DEDICATION BOONES FERRY ROAD AFTER RECORDING RETURN TO' Woodburn City Recorder City of Woodburn 270 Montgomery Street Woodburn, OR 97071 CITY OF WOODBURN, OREGON PUBLIC UTILITY EASEMENTS (Temporary and Permanent) WOODBURN SCHOOL DISTRICT NO. 103, GRANTOR, grants to the CITY OF WOODBURN, OREGON, hereinafter called CITY, a permanent easement and right-of- way, including the permanent right to construct, reconstruct, operate, and maintain utility pipelines, sidewalks, bike lanes and traffic control devices on the following described land: See attached Exhibit "A" Legal Description and attached Exhibit "B" Sketch for Legal Description which are by this reference incorporated herein GRANTOR also grants to CITY a temporary easement and right-of-way upon, across, and under so much of the aforesaid land as described as: See attached Exhibit "C" Legal Description and attached Exhibit "D" Sketch for Legal Description, which are by this reference incorporated herein It being understood that said temporary easement is only for the original excavation, construction and installation of the public utilities referenced above and upon the completion of the construction thereOf shall utterly cease and desist, save and except for that portion hereinbefore described as being a permanent easement. GRANTOR reserves the right to us9 the surface of the land for any purpose that will not be inconsistent or interfere with the use of the easement by CITY. No building or utility shall be placed upon, under, or within the property subject to the foregoing easement during the term thereof, however, without the written permission of CITY. Upon completion of the construction, CITY shall restore the surface of the property to its original condition and shall indemnify and hold GRANTOR harmless against any and all loss, cost, or damage arising out of the exercise of the rights granted herein. The true consideration of this conveyance is Three Thousand Dollars ($3,000.00), and other valuable consideration, the receipt of which is acknowledged by GRANTOR. GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of the above-granted premises, free from all encumbrances and that GRANTOR and their heirs and personal representatives shall warrant and forever defend the said premises and every part thereof to CITY against the lawful claims and demands of all persons claiming by, through, or under GRANTOR. DATED this ,200~ . WOODBURN SCHOOL DISTRICT NO. I03 BY: Walt Blomberg, Superintende/l~ CORPORATE ACKNOWLEDGEMENT STATE OF OREGON, County of Marion) ss. The foregoing instrument was acknowledged before me this 12th day of April 2004 by Walt Blomberg, the Superintendent of Woodburn School District No. 103, a corporation, and the foregoing in,.;t,'~Jment was signed and sealed on behalf of said corporation by authority of its Board of Directc~rs; and each of them acknowledged said instrument to be its voluntary act and deed.  OFFICIAL SEAL IRENE E, VELICHKO NOTARY PUBLIC-OREGON COMMISSION NO. 33'/303 MY COMMISSION F~XPIRES SEPT. 2?, 2004 NOTARY PUBLIC FOR OREGON My Commission Expires: ~'/~-D../C~ PERSONAL ACKNOWLEDGEMENT STATE OF OREGON, County of Marion) ss. The foregoing instrument was acknowledged before me this day of ,, 2004 by NOTARY PUBLIC FOR OREGON My Commission Expires: City of Woodburn 270 Montgomery Street Woodburn, OR 97071 (Grantee's Name and Address) Accepted on behalf of the City of Woodburn after authorization by its City Council on the condition that the dedication conveyed is free anr~ clear from taxes, liens, and encumbrances. City Recorder: Mary Tennant Public Utility Easement EXHIBIT A Beginning at a point 60.50 feet westerly at a right angle to Engineer's Centerline Station 0+28.13, (Boone's Fer,'y Road); thence NS$°54'OO"W, along the northerly right-of-way line of Oregon State Highway _914, a distance of 10.22 feet to a point; thence N ! 3°O0'00"E a distance of i 88.98 feet to a poim: thence Northeasterly, along the arc ora 1235.14 feet radius curve right (the chord of which bears N 16°04'56"E 132.83 feet), an arc distance of 132.89 feet to a point of reverse curvature; thcqce Northeasterly, along the arc ofa I 186.14 feet radius curve left (the chord of which bears N 16°04'56"E 127.55 feet), an arc distance of 127.62 feet to a point; thence N 13°O0'O0"E a distance of 424.89 feet to a point; thence Northeasterly, along the arc of a 201.00 feet radius curve right (the chord of which bears N I 8°43'40'' E 40.12 feet), an arc distance of 40.19 feet to a point; thence NI3°00'OO"E a distance of 57.55 feet to a point on the easterly extension of the south line of Henry's Farm as s.,'~ic~ subdivision is recorded in the Marion County Book of Town Plats in Volume 41, Page 46; thence Sg7°2 I'00"E a distance of i0.17 feet to a point; thence SI 3°O0'00"W a distance of 60.40 feet to a point; thence southwesterly, along the arc of a 191.00 feet radius curve let (the chord of which bears Si8°52'24"W 39.13 feet), an arc distance of 39.20 feet to a point; thence S I3°O0'00'W a distance of 424.89 feet to a point; thence southwesterly, along the arc ora 1196.14 feet radius curve right (the chord ofwhich bears S!6°04'56"W 128.63 feet), an arc distance of 128.69 feet to a point of reverse curvature; thence southwesterly, along the arc ora 1225.14 feet radius curve left (the chord ofwhich bears S ! 6°05'56"W 131.75 feet), an arc distance of 13 ! .g I feet to a point; thence S ! 3°O0'00"W a distance of 186.87 feet to the point ofbeginning. Map ]'ax i.ol ()15W071~D02300 EXHIBIT B J Temporary Working Easement EXHIBIT C Beginning at a point 60.50 feet westerly at a right angle to Engineer's Centerline Station 2+!8.49, (Boone's Ferry Road); thence N77°00'00"W a distance of 68.56 feet to a point; thence NO i o 18' 18"E a distance of 85.20 feet to a point; thence S88°41 '42"E a distance of ! 5.00 feet to a point; thence N01°I 7'45"E a distance of 261.52 feet to a point; thence S88°53'07"E a distance of 49.98 feet to a point; thence N01°06'05"E a distance of 404.31 feet to a point on the south line of Henry's Farm as said subdivision is recorded in the Marion County Book of Town Plats in Volume 41, Page 46; thence S87°2 i '00"E, along said south line of Henry's Farm, a distance of 179.57 feet to a point; thence SI 3°00'00"W a distance of 60.40 feet to a point; thence southwesterly, along the arc of a ! 91 .G6 re. et radius curve left (the chord of which bears S 18°52'24"W 39.13 feet), an arc distance of 39.20 feet to a point; thence S 13°00'00"W a distance of 424.89 feet to a point; thence southwesterly, along the arc ora ! 196.14 feet radius curve right (thc chord of which bears SI 6°04'56~',V. 128.63 feet), an arc distance of 128.69 feet to a point of reverse curvature; thence southwesterly, along the arc of a 1225.14 feet radius curve left (the chord of which bears S!6°09'50"W 128.26 feet), an arc distance of 128.32 feet to the point of beginning. Map Tax Lot 015W07BD02300 EXHIBIT D 0 0 UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that WOODBURN SCHOOL DISTRICT NO. 103C of Marion County, for the consideration of Three Thousand Dollars ($3,000.00) and other valuable considerations to them paid, the receipt whereof hereby is acknowledged, hereby do forever grant unto the CITY OF WOODBURN, a Municipal Corporation of Marion County, Oregon referred to herein as the CITY, a permanent right-of-way and easement over and along the full width and length of the premises described as follows, to wit: AS DESCRIBED ON EXHIBIT "A" ATTACHED with the right, privilege and authority, to said City, to construct, maintain, replace, reconstruct, remove, and add to, utility pipeline or pipelines, sidewalks, bikelanes and/or traffic control devices, with all appurtenances incident thereto or necessary therewith, in, under and across the said premises, and to cut and remove from said right-of-way any trees and other obstructions which may endanger the safety or interfere with the use of said pipelines, or appurtenances attached or connected therewith; and the right of ingress and egress to and over said above described premises at any and all times for the purpose of doing anything necessary or useful or convenient for the enjoyment of the easement hereby granted. THE CITY SHALL, upon each and every occasion that such utility facility is constructed, maintained, replaced, reconstructed or removed, or added to, restore the premises of the Grantors, and any improvement disturbed by the City, to as good condition as they were in prior to any such installation or work, but if not practicable, then pay to Grantors reasonable compensation. THE GRANTORS, heirs and assigns, reserve the right to use the premises for walkways. driveways, planting, and related purposes, and all utility facilities shall be at a depth consistent with these purposes. EXCEPTION: No structure shall be placed within the easement, or within 45° projection upward from the bottom of the pipe. //~.~..~ ~ Accepted by the Woodburn City Council -- v ~-~-------'~ on ,2004 Grantor ~ Mary Tennant, City Recorder City of Woodburn, Oregon STATE OF OREGON ) )SS COUNTY OF MARION ) On this the _.~'"~ day of ~/'/~ i'>'L --i 2004. before me a Notan/Public in and for the County and State personally appeared. · ', '~- '~'~/,,,(~ knowr~ {o me to be the same pet/son whose name is subscribed to the within instrument and acknowledged that they voluntarily executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Before m'~' / ' - .,..j~_~, OCRC~AL Sr~L (. J ~ NOrm ~L~E~ '~ 81 ATTACHMENT "B" Exhibit "A" Public Utility Easement Beginning al a point 60.50 feet westerly at a right angle to Engineer's Centerline Station 0+28.13, (Boone's Ferry Road); thence N88°54'00"W, along the northerly right-of-way line of Oregon State ltighway 214, a distance of 10.22 feet to a point; thence N 13°00'00"E a distance of 188.98 feet to a point: thence Northeasterly, along tile arc of a 1235. i 4 feet radius curve right (the chord of which bears N 16°04'56"E 132.83 feet), an arc distance of 132.89 feet to a point ofreverse curvature; thence Northeasterly, along tile arc ora 1186.14 feet radius curve left (the chord of which bears N 16°04'56"E 127.55 feet), an arc distance of 127.62 feet to a point; thence N I 3°00'00"1-~ a distance of 424.89 feet to a point; thence Northeasterly, along the arc ora 201.00 feet radius curve right (the chord of which bears NI8°43'40'' E 40.12 feet), an arc distance of 40.19 feet to a point; thence NI3°00'00"E a distance of 57.58 feet to a point on the easterly extension of the south line of Henry's Farm as said subdivision is recorded in the Marion County Book of Town Plats in Volume 41, Page 46; thence S87°21 '00"E a distance of 10.17 feet to a point; thence SI 3°00'00"W a distance of 60.40 feet to a point; thence southwesterly, along the arc of a 191.00 feet radius curve left (the chord of which bears S18°52'24"W 39.13 feet), an arc distance of 39.20 feet to a point; thence SI 3°00'00"W a distance of 424.89 feet to a point; thence southwesterly, along the arc ofa 1196.14 feet radius curve right (the chord of which bears S 16°04'56"W 128.63 feet), an arc distance of 128.69 feet to a point of reverse curvature; thence southwesterly, along the arc ora 1225.14 feet radius curve left (the chord of which bears Si6°05'56"W 131.75 feet), an arc distance of 131.81 feet to a point; thence SI3°O0'00"W a distance of 186.87 feet to the point of beginning. Map Tax I.ot (115W071~,I)02300 82 ATTACHMENT "B" .& TEMPORARY WORKING EASEMENT KNOW ALL MEN BY THESE PRESENTS, that WOODBURN SCHOOL DISTRICT NO. 103C of Marion County, for the consideration of One Dollar ($1.00) and other valuable considerations to them paid, the receipt whereof hereby is acknowledged, hereby do forever grant unto the CITY OF WOODBURN, a Municipal Corporation of Marion County, Oregon referred to herein as the CITY, a TEMPORARY right-of-way and easement over and along the full width and length of the premises described as follows, to wit: The Temporary Working Easement expires one year from the date of the grantors execution of this instrument AS DESCRIBED ON EXHIBIT "A" ATTACHED with the right, privilege and authority, to said City, to construct, maintain, replace, reconstruct, remove, and add to, utility pipeline or pipelines, sidewalks, vehicle parking and travel/access areas, with all appurtenances incident thereto or necessary therewith, in, under and across the said premises, and to cut and remove from said right-of-way any trees and other obstructions which may endanger the safety or interfere with the use of said pipelines, or appurtenances attached or connected therewith; and the right of ingress and egress to and over said above described premises at any and all times for the purpose of doing anything necessary or useful or convenient for the enjoyment of the easement hereby granted. Accepted by the Woodburn City Council on 2004 Mary Tennant, City Recorder City of Woodburn, Oregon STATE OF OREGON ) ) SS COUNTY OF MARION ) On this the [~ day of /~Ir~:~'(-,z~ 2004, before me a Notary Public in and for the County and State personally appe~c~(.~l__ ~) ~)~¥1,~:~'~:::) known to me to be the same person whose name is subscribed to the within inst~ment and acknowledged that they voluntarily executed the same for the pu~ose therein contained, IN WITNESS WHEREOF, I hereunto sel my hand and o~cial seal, ~ . ' ~... ~-~,C,AL S~L B~e~ , . .. ~DY SCO~ NOTARY~ FOR OREGON ~ ',,, ~ ;:~]ON NO, 357628 ~ Commi~ion ~pires: ~ ~ 84. ATTACHMENT "C" Exhibit "A" Temporary Working Easement Beginning at a point 60.50 feet westerly at a right angle to Engineer's Centerline Station 2+ 18.49, (Boone's Ferry Road); thence N77°00'00"W a distance of 68.56 feet to a point; thence NO I o 18' 18"E a distance of 85.20 feet to a point; thence S88°41 '42"E a distance of ! 5.00 feet to a point; thence N01°I7'45"E a distance of 261.52 feet to a point; thence S88°53'07"E a distance of 49.98 feet to a point; thence N01 °06'05"E a distance of 404.31 feet to a point on the south line of Henry's Farm as said subdivision is recorded in the Marion County Book of Town Plats in Volume 41, Page 46; thence S87°21 '00"E, along said south line of Henry's Farm, a distance of 179.57 feet to a point; thence SI 3°00'00"W a distance of 60.40 feet to a point; thence southwesterly, along the arc of a 191.00 feet radius curve left (the chord of which bears S 18°52'24"W 39. ! 3 feet), an arc distance of 39.20 feet to a point; thence S 13°00'00"W a distance of 424.89 t~:et to a point; thence southwesterly, along the arc ofa 1196.14 feet radius curve right (the chord of which bears S16°04'56"W 128.63 feet), an arc distance of 128.69 feet to a point of reverse curvature; thence southwesterly, along the arc of a 1225.14 feet radius curve left (the chord of which bears S16°09'50"W 128.26 feet), an arc distance of 128.32 feet to the point of beginning. Map Tax Lot 015W07BD02300 ATTACHMENT "C" 0 0 I 1OF TO: FROM: SUBJECT: April 12, 2004 Mayor and City Council tlnrough City Administrato?Z¢~ Ben Gillespie, Finance Director~ City Audit Contract RECOMMENDATION: Autlnorize the City Administrator to execute the attached contract with Boldt, Carlisle, and Smith for audit services. BACKGROUND: City staff solicited proposals for audit services in January 2004, and in March recommended Bolclt, Carlise, and Smith LLC. Council authorized staff to negotiate a contract, based on Smith Carlisle's proposal DISCUSSION: The attached contract is for a three-year period. There is an option to renew for two additional two-year periods. Either party can cancel the contract by 90 clays written notice. FINANCIAL IMPACT: Fees for the work are: 2003-04 $22,350 2004-05 23,000 2005-06 23,700 Agenda Item Review: City Administrator~-/~'/~ City Attorney Financ~ 87 AUDIT CONTRACT THIS CONTRACT, made this day of March ,2004, in accordance with the requirements of Oregon Revised Statutes 297.405 through 297.555 between BOLDT, CARLI--SLE & SMITH, LLC, Certified Public Accountant(s) of Salem, Oregon, and the CITY OF WOODBURN, Oregon, provides as follows: 1. It hereby is agreed that BOLDT, CARLISLE & SMITH, LLC shall conduct an audit of the accounts and fiscal affairs of CITY OF WOODBURN, Oregon, for the period beginning July 1, 2003, and ending June 30, 2004, and for the fiscal years ending June 30, 2005 and 2006, in accordance with the Minimum Standards for Audits of Municipal corporations as prescribed by law. The audit shall be undertaken in order to express an opinion upon the financial statements of CITY OF WOODBURN, Oregon, and to determine if the CITY OF WOODBURN, Oregon has complied substantially with appropriate legal provisions. 2. BOLDT, CARLISLE & SMITH, LLC agrees that the services they have contracted to perform under this contract shall be rendered by them or under their personal supervision. In the performance of services under this contract, BOLDT, CARLISLE & SMITH, LLC agrees that it shall use that degree of care and skill ordinarily exercised under similar circumstance by reputable members of its profession practicing in the State of Oregon. 3. It is understood and agreed that, should unusual conditions arise or be encountered during the course of the audit whereby the services of BOLDT, CARLISLE & SMITH, LLC are necessary beyond the extent of the work contemplated, written notification of such unusual conditions shall be delivered to the CITY OF WOODBURN, Oregon, who shah instruct in writing BOLDT, CARLISLE & SMITH, LLC concerning such additional services, and that a signed copy of each such notification and instruction shall be delivered immediately to the Secretary of State by the Party issuing the same. 4. The audit shall be started as soon after this contract is executed as is agreeable to the Parties hereto and shall be completed, and a written report thereon delivered within a reasonable time, but not later than six months, after the close of the audit period covered by this contract. Adequate copies of such report shall be delivered to the CITY OF WOODBURi~, Oregon, and its form and content shall be in accordance with and not less than that required by the Minimum Standards for Audits of Oregon Municipal Corporations. 5. It is understood and agreed that the CITY OF WOODBURN, Oregon, is responsible for such financial statements as may be necessary to fully disclose and fairly present the results of operations for the period under audit and the financial condition at the end of that period. Should such financial statements not be prepared and presented within a reasonable period of time, it is understood that BOLl)T, CARLISLE & SMITH, LLC shall draft them for CITY OF WOODBURN, Oregon. The cost of preparing such financial statements shall be included in the fee for conducting the audit as set forth in Paragraph 7 below. 6. It is understood and agreed that either Party may cancel this contract by giving notice in writing to the other Party at least ninety days prior to July 1 of any year. 7. In consideration of the faithful performance of the conditions, covenants, and undertakings herein set forth the CITY OF WOODBURN, Oregon, hereby agrees to pay BOLDT, CARLISLE & SMITH, LLC the sum not to exceed $22,350, $23,000, and $23,700 for the fiscal years ending June 30, 2004, 2005, and 2006, and the CITY OF WOODBURN, Oregon, hereby affirms that proper provision for the payment of such fee has been or will be duly made and that funds for the payment thereof are or will be made legally available. Boldt, Carlisle & Smith, LLC CITY OF WOODBURN, Oregon by H:\Clientg~98408\Conl~actsV2ontract and Trans Ltrs 3-5-04.doc by 10G April 12, 2004 TO: FROM: SUBJECT: Honorable Mayor and City Council through City Administrato~_~.. -~."~r-" John C. Brown, City Administrator Traffic Enforcement Team RECOMMENDATION: It is recommended that, effective July 1,2004, the City Council: 1. Allocate two additional police officer positions to the Woodburn Police Department, and dedicate those positions to motorcycle traffic patrol; and 2. Approve the purchase of associated equipment and supplies in the amount of $26,544. BACKGROUND: Speeding, or the perception that excessive speeding is occurring, on streets and highways in Woodburn is the subject of many of the complaints the Police Department receives. Speeding tops the list of concerns raised by neighborhood watch groups each month. As well, it is a problem City Councils have repeatedly raised. Not simply the subject of complaints, speeding is among the major contributing causes of crashes in Oregon, and in Woodburn. Based on statistics compiled by the State of Oregon for 2002, speeding was a major contributing factor in 26 percent of the total 48,282 crashes logged that year (the mast current year for which State statistics were released). In Woodburn, speed was a major contributing factor in 25 percent of its 198 crashes that year. "Crashes" are defined as any incident involving bodily injury, death, or more than $1,000 damage. The actual number of crashes is greater, when incidents without injury, death, or with damage less than $1,000 are taken into account, presumably with a corresponding increase in the number caused by speed. Failure to follow other basic rules of the road such as stopping at traffic control devices, improper turning movements, and failure to yield the right-of- way, join speeding as major contributors to crashes statewide and in Woodburn. Together, these causes were major contributors in 44 percent of Agenda Item Review: City Administrator ~6-~? City Attorney __ Finance~-~7 89 Honorable Mayor and City Council April 12, 2004 Page 2 crashes statewide in 2002, and in 60 percent of Woodburn's reportable crashes in 2002. All these infractions can be greatly reduced through an increased traffic enforcement presence. Some neighborhood-based complaints are based on the perception that cars are speeding. Counts taken in 2000, in response to Council inquiry, showed that in many neighborhoods included in the study, very little actual speeding was occurring. Traffic counts taken in 2000 and since on arterial and collector streets tell a different story. Speed limits on arterial and collector streets are routinely exceeded, many by the majority of their users. Counts last year on Boones Ferry Road, for example, showed 84 percent of the 50,200 cars counted in a 20-day period exceeded the speed limit. Forty percent exceeded the speed limit by 10 miles per hour; 1669 cars (3.3%) were traveling at, or in excess of, twice the posted speed limit. Attachment 1 provides additional information regarding speeds on various arterial and collector streets in Woodburn. The statistics provided in Attachment 1 do not address traffic volumes or speeds on highways 99 E and 214. Statistics would reflect far heavier usage, with similar if not heavier, incidents of speeding, on those facilities, due to the through-trips being made on them to destinations beyond Woodburn's city limits. Five years ago, Woodburn added a team of two motorcycle officers to address speeding. Although all officers can and do work traffic, motorcycle officers have primary responsibility for all aspects of traffic enforcement, including traffic control, accident investigation, traffic safety education, and vehicle code enforcement. Department vacancies impacted the team's ability to focus on traffic enforcement, as members were re-assigned when needed to support higher priority needs. Despite the temporary re-allocation of the motorcycle officers to patrol duties, traffic and patrol officers have nevertheless together been able to write an average of 345 citations per month. That average falls far short of the actual number of citations that can, and arguably should, be written each month, to reduce the incidence of speeding on our highways and streets, and in our neighborhoods. DISCUSSION: Due to concerns raised by the City Council, staff is currently developing an analysis regarding the effectiveness of traffic calming devices as a means of reducing speeding in Woodburn. That analysis is not complete, nor are the results thus far consistent or convincing. Regardless of the outcome of that analysis, many traffic calming alternatives will not be within the city's resources 9O Honorable Mayor and City Council April 12, 2004 Page 3 and/or lend themselves to ease of use for arterials and collector streets, and cannot be used on state highways. Accordingly, additional traffic patrol is needed to reduce the speed of traffic on arterials and collector streets, and can be used to successfully reduce the incidence of speeding in neighborhoods as well. The Police department has recently filled nearly all its vacancies, and can now re-allocate the traffic team to its primary function. Nevertheless, in evaluating this matter with the Police Chief, it appears that sufficient traffic workload exists to justify a minimum of two additional motorcycle officers. It is estimated that adding these the resources, as well as increasing focus on traffic enforcement can greatly reduce incidence of speeding and result in an average of 188 additional citations monthly. This is a conservative estimate, and most likely will be higher. In addition, increased traffic resources can provide the following benefits: · Mobility: officers are readily deployable at any location and able to address any traffic problem or concern from speeding to parking or DUll enforcement; · Problem Solving Resource: traffic officers, as part of their normal duties, are able to scan and analyze traffic problems in a given area and propose interventions to resolve those problems; Effectiveness: one traffic officer, with the proper equipment, can operate in several adjacent areas in the course of a day and can significantly effect traffic patterns and conditions in those areas; · Visibility: a uniformed police motor officer provides a strong presence in a neighborhood to deter traffic violations and other criminal activity; · Availability: dedicated traffic officers will be available everyday at variable hours to respond to citizen requests for traffic enforcement; · Value Added Benefits: o "Halo effect" drivers observing traffic enforcement activities generally pay closer attention to obeying traffic laws o Additional police presence in neighborhoods o Additional sworn staff available for emergency responses o Traffic officers gain expertise in traffic investigations due to their large exposure to traffic cases o Many criminal cases are resolved by alert traffic officers while making routine traffic contacts Honorable Mayor and City Council April 12, 2004 Page 4 traffic enforcement. These officers would augment the existing team of two motor officers; all four would be permanently dedicated o traffic enforcement, except in times of emergency. It is anticipated that these additional positions will not increase existing general fund costs, as they are estimated to fully support themselves through citation and towing-related fines and fees. It is further estimated that these positions will, through diligent conduct of their duties, augment existing city revenues, in order to support enhanced police services and public protection. These positions are proposed at the present time, as opposed to seeking them through the budget process, so that equipment purchases and hiring can be completed by the proposed start-date of July 1, 2004, and so that revised expense and revenue projections can be used during the current budget process. FINANCIAL IMPACT.: The estimated first year cost of these two positions, including $26,544 in supplies and equipment, and $142,944 in salaries and benefits is $169,488. This amount is expected to be more than fully offset by position-generated revenues. Traffic Counts Related to Speeding on Selected Arterials and Collector Streets in Woodburn, 2000-2004 Year of Number Total Trips LOCATION Count of Days Count Per Day 01 Boones Ferry Rd. 2003 20 50,200 2,510 (south of Tukwila) 02 Settlemier 2003 12 27547 2296 (south of Hayes) 03 Settlemier 2003 12 73645 4332 (north of Lincoln) 04 W. Cleveland 2003 12 16996 1416 (E. of Settlemier) 05 Lincoln 2003 8 10766 1346 (E. of Settlemier) 06 Lincoln 2003 8 14470 1809 (W. of Settlemier) 07 West Hayes 2003 12 8751 729 (E. of Settlemier) 08 West Hayes 2003 12 37964 3164 (W. of Settlemier) 09 Astor Way 2001 23 13295 578 (1200 Block) 10 Constitution 2002 14 2596 130 (E. of Patriot) 11 Constitution 2002 14 1458 73 (W. of Patriot) 12 Park Avenue 2004 8 15386 1923 (@ Park Cimle) 13 Meadowvale 2002 16 6563 410 Number Percent Number Percent Speeders Posted Over Over 10 MPH 10 MPH Speeders per Day Maximum Limit Limit Limit orOver or Over Per Day 10 MPH+ Speed 35 mph 42174 84 20155 40 2109 1008 75-80mph 25 mph 15931 57.8 658 2.4 1328 55 65-70mph 25 mph 52135 70.8 12259 16.6 3067 721 75-80mph 25 mph 6680 39.3 69 4.1 557 6 45-50mph 25 mph 2363 22 9 0.1 295 I 35-40mph 25 mph 2822 19.6 9 0.1 353 1 35-40mph 25 mph 4310 50.2 215 2.4 359 18 50-55 mph 25 mph 8702 22.9 398 I 725 33 60-65mph 25 mph 10063 75.7 1945 14.5 438 85 50-55mph 25 mph 559 21.5 24 0.9 40 2 55-60mph 25 mph 402 27.6 116 8 27 8 75-80mph 25 mph 10428 67.8 844 5.5 1304 106 60-65mph 25 mph 1448 22.1 396 6.1 91 25 70-75mph 14 Hardcastle 2000 8 28964 1,448 25mph 21906 75.6 1841 6.4 2738 230 70-75mph (1100 Block) * Traffic counts, and potential incidences of speeding, are likely greater on Constitution Avenue and Astor Way, due to new development east of Vanderback since 2002. WOODBURN 14A April 12, 2004 TO: FROM' SUBJECT: Mayor and City Council through City Administrator'~ Jim Mulder, Director of Community Development f r,~"'l Community Development Director's Approval of Zoning Adjustment 04-01. RECOMMENDATION: No action is recommended. This item is placed before the City Council for information purposes in compliance with the Woodburn Development Ordinance. The City Council may call up this item for review if it desires. BACKGROUND: On April 7, 2004, the Community Development Director approved a request to increase the maximum lot coverage requirement from 35% to 40% in the Single Family Residential zone for a one-story dwelling over 14 feet in height. The subject property, located at 2575 Meridian Court, is zoned Single Family Residential (RS) and designated for Residential Less Than 12 Units Per Acre on the Woodburn Comprehensive Plan Map. The surrounding properties are also zoned RS and designated for Residential Less Than 12 Units Per Acre on the Woodburn Comprehensive Plan Map. The property owner is DJjahnelos Homes, Inc. DISCUSSION: None. FINANCIAL IMPACT: There is no financial impact associated with the recommended action. Agenda Item Review: City Administrator ~.~'~ City Attorney Finan¢ WOODBURIXI 14B April 12, 2004 TO: FROM: SUBJECT: Mayor and City Council through City Administrato~''~:s~ Jim Mulder, Director of Community Development i~Q~ Community Development Director's Approval of Zoning Adjustment 04-02. RECOMMENDATION: No action is recommended. This item is placed before the City Council for information purposes in compliance with the Woodburn Development Ordinance. The City Council may call up this item for review if it desires. BACKGROUND: On April 7, 2004, the Community Development Director approved a request to increase the maximum Iai coverage requirement from 35% to 40% Jn the SJngle Family Residential zone for a one-story dwelling over 14 feet in height. The subject property, located at 838 Hazelnut Drive, is zoned Single Family Residential (RS) and designated for Residential Less Than 12 Units Per Acre on the Woodburn Comprehensive Plan Map. The surrounding properties are also zoned RS and designated for Residential Less Than 12 Units Per Acre on the Woodburn Comprehensive Plan Map. The property owner is Dijahnelos Homes, Inc. DISCUSSION: None. FINANCIAL IMPACT: There is no financial impact associated with the recommended action. Agenda Item Review: City Administrato -~' City Attorney/[,//L''~ Financ~ 95 o D B_U_ KN 14C April 12, 2004 TO: FROM: SUBJECT: Mayor and City Council through City Administrator-"- Jim Mulder, Director of Community Development//~ Community Development Director's Approval of Zoning Adjustment 03-04. RECOMMENDATION: No action is recommended. This item is placed before the City Council for information purposes in compliance with the Woodburn Development Ordinance. The City Council may call up this item for review if it desires. BACKGROUND: On April 7, 2004, the Community Development Director approved a request to vary the maximum 42-inch height of a fence on a street fronting property line requirement to allow for a 6-foot chain link fence with slats to be located on the property lines adjacent to "A" Street, "B" Street and Broadway Street (202 Young Street). The subject property is located at 202 Young Street, is zoned Light Industrial (IL) District and designated industrial on the Woodburn Comprehensive Plan Map. An addition to the Public Works Maintenance and Water shop located on the subject site is currently under construction. The property to the north (across Young street) is zoned Commercial General (CG), designated commercial on the Woodburn Comprehensive Plan Map and is the location of Withers Lumber, Inc. The properties to the west (across "A" Street) and south (across Broadway Street) are zoned IL and designated industrial on the Woodburn Comprehensive Plan Map. A City of Woodburn maintenance shop is located to the west (across "A" Street) and an industrial building is located to the south (across Broadway Street). The property adjacent to the northeast side of the subject site is zoned Light Industrial (IL) District and designated industrial on the Woodburn Comprehensive Plan Map. A heating and air conditioning business is located on the property adjacent to the northeast side of the subject site. The property to the east (across "B' Street) is zoned Commercial Office (CO} and designated industrial on the Woodburn Comprehensive Plan Map. A community service use is located on this property. Agenda Item Review: City Administrator City Attorney Mayor and City Council April 12, 2004 Page 2 The fence is intended to enclose the rear yard (adjacent to three streets) of the Public Works Maintenance and Water shop to enhance the security of City vehicles and equipment. The proposed chain link fence with slats is 6 feet in height. The applicant is proposing to meet the 30-foot vision clearance requirement at the intersections of "A" Street and Broadway Street and "B" Street and Broadway Street. The applicant is also proposing to meet the 10-foot vision clearance requirement at the existing driveway entrances on "A" Street and Broadway Street. The property owner is the City of Woodburn. DISCUSSION: None. FINANCIAL IMPACT: There is no financial impact associated with the recommended action.