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Agenda - 12/13/2004 WOODBURN CITY COUNCIL AGENDA DECEMBER 13, 2004 - 7:00 P.M. 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. OATH OF OFFICE AND ELECTION A. Oath of Office for Mayor and Councilors for Wards I, II, and VI B. Election of Council President 4. ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. The Woodburn Public Library will be closed on Monday, December 20, 2004 for staff training on the new CCRLS automation system. B. Holiday Closures: Christmas: City Hall will close at noon on December 23, 2004 and will reopen for regular business hours on December 27, 2004. The Library will be open from 8:00 a.m. until noon on December 24,2004 and will be closed on December 25 and 26, 2004. The Aquatic Center will have open swim from 1 :00 to 4:00 p.m. on December 20 through December 23, 2004, and will be closed on December 24 and 25, 2004. New Years: City Hall will be closed on December 31,2004. The Library and the Aquatic Center will be closed on January 1, 2005. The Aquatic Center will have open swim from 1 :00 to 4:00 p.m. on December 27 through December 31, 2004. All other dates will operate with regular hours. C. Vacancies exist on the Library Board and the Planning Commission. If you are interested in serving, please call City Hall at 982-5228 for an application. "Habra interpretes oisponibles para aquellas personas que no bablan Ingles, previo acueroo. CO>>1unlquese al (503) 980-2485:' December 13, 2004 Council Agenda . 'Y' r Page i ... r I Appointments: None. 5. PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: None. 6. COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn Downtown Association 7. COMMUNICATIONS None. 8. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council consideration not already scheduled on the agenda. 9. CONSENT AGENDA -Items listed on the consent agenda are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. A. Woodburn City Council minutes of November 22, 2004 1 Recommended Action: Approve the minutes. B. Woodburn Special Council Meeting minutes of November 29, 10 2004 Recommended Action: Approve the minutes. c. Woodburn Public Library Board minutes of November 10, 2004 16 Recommended Action: Accept the minutes. D. Woodburn Planning Commission Special Meeting minutes of 19 November 4, 2004 Recommended Action: Accept the minutes. E. Woodburn Planning Commission Work Session minutes of 23 November 10, 2004 Recommended Action: Accept the minutes. December 13, 2004 Council Agenda Page ii . ''IlIr'' T' ,,,..,, , 'r' F. Woodburn Planning Commission Special Meeting minutes of 26 November 18, 2004 Recommended Action: Accept the minutes. G. Woodburn Public Library Monthly Report for November 2004 30 Recommended Action: Accept the report. H. Status Report to Woodburn Public Library Automated System 31 Conversion Recommended Action: Accept the report. I. Building Activity for November 2004 33 Recommended Action: Accept the report. J. Planning Project Tracking Sheet Dated December 8, 2004 Recommended Action: Accept the report. 34 K. Woodburn Memorial Aquatic Center Revenue Comparison Recommended Action: Accept the report. 38 10. TABLED BUSINESS None. 11. PUBLIC HEARINGS None. 12. GENERAL BUSINESS - Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the City Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral prerogative. ;).. _S-5b A. Council Bill No. .~ - Resolution establishing the 39 compensation schedule for certain hourly and seasonal employees Recommended Action: Adopt the resolution. B. Council Bill No. 2545 - Resolution authorizing the transfer of 44 appropriations within a fund during fiscal year 2004-05 Recommended Action: Adopt the resolution. December 13, 2004 Council Agenda Page Hi .. 'W' '9' .....r C. Council Bill No. 2546 - Resolution authorizing the transfer of 47 operating contingency appropriations during fiscal year 2004-05 Recommended Action: Adopt the resolution. D. Council Bill No. 2547 - Resolution declaring the City's intent to 49 reimburse expenditures with the proceeds of a future issue of general obligation bonds and specifying authorized uses of general obligation bond proceeds Recommended Action: Adopt the resolution. E. Council Bill No. 2548 - Resolution authorizing an inter-fund loan 55 from the Traffic Impact Fee Fund to the Police Facilities Construction Fund Recommended Action: Adopt the resolution. F. Council Bill No. 2549 - Resolution appointing Group MacKenzie 58 Engineering, Inc. as a consultant to provide architectural services for the Woodburn Police Facility and authorizing the City Administrator to execute an agreement with said consultant in an amount not to exceed $410,000. Recommended Action: Adopt the resolution. G. Wire line Crossing Agreement with Union Pacific Railroad 62 Recommended Action: Authorize the City Administrator to execute a wireline crossing agreement with Union Pacific Railroad. H. 2005 Tourism and Economic Development Grant Award 73 Recommended Action: Award 2005 Tourism and Economic Development Grant funds to the Woodburn Chamber of Commerce and to Cascade Scenic Railway Inc., in amounts not-to-exceed $44,000 and $8,000 respectively; and authorize the City Administrator to execute fee for services agreements with the Woodburn Chamber of Commerce and Cascade Scenic Railway, Inc. I. Bid Award for Utility Tractor 91 Recommended Action: Award bid for purchase of a utility tractor to the low responsible bidder, Oregon Vineyard Supply Company for $44,439.00. December 13, 2004 Council Agenda Pageiv . '",,"' , 'Y' "'....', ''r J. Recreation and Parks Director Employment Agreement 92 Recommended Action: Approve and authorize the City Administrator to execute an employment agreement with D. Randall Westrick, Recreation and Parks Director, effective January 1, 2005. K. Cancellation of December 27,2004 Meeting 100 Recommended Action: Cancel the December 27, 2004 City Council meeting. 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. Planning Commission's Approval of Conditional Use 04-07, DR 101 04- 13, V AR 04- 19 and V AR 04-20 (3099 N Pacific Highway) B. Planning Commission's Approval of Design Review 04-16 and 103 Variance 04-27 (Simon-Woodburn Funeral Chapel) C. Planning Commission's Approval of Design Review 04-21 and 105 Variance 04-29 (Warzynski Plaza) D. Planning Commission's Approval of Design Review 04-12, 107 Conditional Use 04-06 and Variance 04-21 (Arthur Academy Mastery Learning Institute) 15. CITY ADMINISTRATOR'S REPORT A. Council Goal Setting Workshop 16. MAYOR AND COUNCIL REPORTS 17. EXECUTIVE SESSION A. To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660 (1) (h). B. To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (1) (f). 18. ADJOURNMENT December 13, 2004 Council Agenda Page v .. 'T' l' '..... 'r' I " '"," ' T r 9A COUNCIL MEETING MINUTES NOVEMBER 22, 2004 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, NOVEMBER 22,2004. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0130 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Absent Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Police Chief Russell, Community Development Director Mulder, Finance Director Gillespie, Public Works Manager Rohman, Recorder Tennant Mayor Figley stated that Councilor Bjelland was not in attendance since he was out of town. . 0152 ANNOUNCEMENTS. A) Thanksgiving Day Closures: City business offices will be closed on November 25 and 26,2004. The Library and Aquatic Center will be closed on Thursday, November 25, 2004. B) City Council Special Meeting: The City Council will hold a special meeting on Monday, November 29, 2004, 7:00 p.m., in the City Hall Council Chambers. C) Holiday Tree Lighting and Caroling Party: This annual event will begin at 5:00 p.m. at the Settlemier house followed by a candlelight procession to Warzynski Plaza for the City's Tree Lighting Ceremony. D) Joint Council! Planning Commission Work session will be held on Monday, December 6, 2004, 6:30 p.m., City Hall Council Chambers, regarding the Transportation System Plan. E) Mayor's Holiday Concert will be held on December 6 and 7,2004 at Woodburn High School. This annual event features local musicians and the performances will begin at 7:00 p.m. each evening. Mayor Figley thanked Councilor Nichols for organizing this year's event. 0152 PRESENTATION: POLICE FACILITY TASK FORCE. Mayor Figley expressed her appreciation to the voters for their approval of the bond measure which had an unofficial vote count of3,278 yes votes to 2,801 no votes. Page 1 - Council Meeting Minutes, November 22, 2004 1 .. .Y T "'.." r COUNCIL MEETING MINUTES NOVEMBER 22, 2004 TAPE READING On behalf of the Police Department, Chief Russell thanked Paul Null, Richard Jennings, Jim Wolf, Herb Mittman, Pete McCallum, Barbara Lucas, Phyllis McKean, Dale Nelson, Lynda Null, Nancy Kirksey, and Jason Tlusty who actively promoted the passage of the general obligation bond measure to build the new police facility. He stated that several of these individuals were members of the initial Task Force to help develop a plan which could be submitted to the Council and then to the voters for funding consideration. With the approval of the measure, he will be asking some Task Force members to continue to assist staff with the final design process. Mayor Figley presented this group of individuals with Certificates of Appreciation. Paul Null thanked not only the members of the Political Action Committee (PAC) but the voters of our community who voted in favor of the tax measure. Roles taken by committee members included filming and production on WCAT (Richard Jennings); fundraising (Nancy Kirksey); research, writing, and printing (Barbara Lucas); letter writing campaign (Phyllis McKean); door to door canvassing (Herb Mittman); treasurer (Dale Nelson); neighborhood watch program meetings (Lynda Null); and lawn sign campaign (Jason Tlusty). Mayor Figley personally thanked former Police Chief Paul Null for his credibility, popularity, and knowledge of what our Police Department needs based on his many years of law enforcement work for the City. She stated that groundbreaking will be done within a few months and it is anticipated that the new facility will be done about 18 months after that event. 0600 CHAMBER OF COMMERCE REPORT. Nick Harville, Chamber Executive Director, updated the Council on the following Chamber goals for the upcoming year: 1) increase membership retention and to acquire new memberships; 2) working in partnership with the cities and businesses in the area, the Chamber will increase their involvement in economic development; 3) conduct focus group discussions with the leading industries in our area; 4) developing divisions of the Chamber so that Hispanic and Russian businesses and their interests are represented with the Chamber; 5) deepen their partnership with the Woodburn Downtown Association (WDA); 6) partner with local organizations for some of the events that are typically sponsored or supported by the Chamber in order to leverage resources for various events; 7) work with Chemeketa's Quality Program to provide hospitality training to front desk / front line workers throughout the Woodburn area; 8) establish efforts to encourage visitors to use Woodburn as a base for day trips to different regional tourist sites. It was noted that Woodburn Company Stores has over 3 million visitors annually and is second only to Spirit Mountain Casino in visitor numbers. 9) continue to publish the local map and tourism information. 0950 CONSENT AGENDA. Page 2 - Council Meeting Minutes, November 22, 2004 2 .. ''I!lr T' ....... ,.. COUNCIL MEETING MINUTES NOVEMBER 22, 2004 TAPE READING A) approve the regular and executive session minutes of November 8, 2004; B) accept the Library Board minutes of October 13, 2004; C) accept the draft Recreation and Park Board minutes of November 9,2004; D) accept the Planning Commission minutes of October 28, 2004; E) accept the Library Monthly Report for October 2004; F) accept the Claims for October 2004; G) receive the Police Department Statistics Report for October 2004; H) receive the Aquatic Center Revenue Comparison Report; I) receive the Boones Ferry Road / Highway 214 temporary signal status report; and J) receive the Highway 214 Sidewalk Phase 2 report. In regards to item I, Director Tiwari stated that he had received the ODOT permit late this afternoon and the intersection improvement plans for the temporary signal are now on schedule. MCCALLUMlNICHOLS... adopt the consent agenda as presented. The motion passed unanimously. 1083 COUNCIL BILL NO. 2543 - RESOLUTION AUTHORIZING THE TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL YEAR 2004-05. Councilor Sifuentez introduced Council Bill 2543. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor Lonergan expressed his appreciation to staff for their foresight in looking into the future for vehicle fuel alternatives. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2543 duly passed. 1178 DISCUSSION REGARDING MEASURE 37 IMPLEMENTATION. Mayor Figley stated that this statewide measure was approved by the voters on November 2,2004 and now the Council needs to take some action to deal with this measure before it becomes effective December 2,2004. A memorandum was distributed to the Council prior to the meeting to give the Council general information on the measure and provide an outline of policy issues that need to be addressed by the Council. City Attorney Shields stated that many jurisdictions have either just passed or are in the process of preparing an ordinance for passage prior to the December 2, 2004 effective date of the statewide measure. He stated that his memo was prepared for the purpose of giving the Council an opportunity to discuss the policy and administrative issues. Mayor Figley stated that she would like to have the Council review the points made in the memo first and then the Council can discuss other issues that they feel need to be addressed. 1. Public Discussions - It was the consensus of the Council that the public be included in the discussions relating to Measure 37. Page 3 - Council Meeting Minutes, November 22, 2004 3 . 1f" l' ;.- r COUNCIL MEETING MINUTES NOVEMBER 22, 2004 TAPE READING 2. Paying Compensation versus Waiver- Councilor Cox felt that this issue be considered on a case by case basis and the ordinance should give the Council sufficient flexibility to make that determination. Councilor Lonergan questioned what types of claims might be anticipated by the City. Attorney Shields stated that it is unknown as to what types of claims will be filed with the City. He agreed that claims should be considered on a case by case basis and, based on his review and information provided by measure proponents, there is a significant difference between waiver and compensation. For purpose of compensation, it goes back to the original zoning or restrictions on property, back to the family member, which can go back to grandparents. For purpose of waiving or modifying, it will go back to when the present owner acquired the property. Mayor Figley stated that the Planning staffhas been researching the City's older ordinances since issues will arise with original zoning at time of purchase years before by a family member and there has now been a change in zoning that would not allow a similar type of land use previously in effect. 3. Should a Claims Processing Ordinance be Passed - Mayor Figley felt that it would be prudent to have an ordinance enacted by the Council that would provide for claims processing. It was the consensus ofthe Council to have the City Attorney draft an ordinance for consideration. 4. Should a Claims Processing Ordinance, if adopted, contain a fee provision and, if so, for what amount - Mayor Figley expressed her opinion that a fee should be included in the ordinance and the City has a right to recover actual cost which is what is being done in many departments. Councilor Cox felt that setting a fee for actual costs could result in the owners deciding to by-pass the City due to the unknown dollar amount and they will wait and file in Circuit Court. He stated that some individuals will want a waiver in order to build a building on their land that they are not allowed to build now and those individuals will provide the City with a variety of information to convince the City that a waiver should be granted. On the other hand, there will be some individuals who want to be compensated and those are the individuals who will file a claim, wait 180 days, then file a lawsuit in Circuit Court. He felt that the mandatory fee should be low such as $200 and then try to get the individual to supply other documents such as appraisals since his reading of the measure would indicate that a claimant did not need to pay for full actual costs and by requiring a fee for actual costs would make the process more difficult in resolving an issue locally rather than in the courts. He reiterated that he did not feel that the fees charged for this type of claim should be any higher than any other fee the City would collect from any citizen on any other public records request. Councilor Lonergan expressed concern on the amount of time that could be spent on research and felt that a small $200 fee would generate a lot of claims just for the research. Administrator Brown stated that the City has the flexibility to collect fees either up front Page 4 - Council Meeting Minutes, November 22, 2004 4 . ''Ilr' , 'Y' .-. 1" COUNCIL MEETING MINUTES NOVEMBER 22, 2004 TAPE READING or at the end of the process. He agreed with Councilor Cox in that the City should be in a position to try and talk to people during the initial 180 day period but he also wanted to recover the City's cost where someone is being benefitted by the City's actions as a private party which is consistent with all of the City's revenue and budget policies as of this date. He proposed that a fee between $100 and $500 be required up front and then if the claim is found in favor of the claimant, the claimant be refunded the fee. Councilor McCallum expressed his opinion that the City should recover as much as the costs as possible that the City is entitled to and he suggested that a fee be charged up front with actual costs charged at the end of the process. Once a track record has been established, then the Council can re-evaluate the fee schedule. Further discussion was held regarding a potential fee structure that would not cause the claimant to pay a large sum at the time of filing but still provide a mechanism for the City to collect additional fees for research and records provided to the claimant thereby not placing the full burden of the costs onto the taxpayer especially in those cases where the decision results in the City prevailing or the claim has been found without merit. Attorney Shields stated that his memo mentions the possibility of imposing a lien to collect unpaid fees but cautioned the Council that it is questionable if a lien can be filed. He did not put a recommendation in his memo on the lien issue since it is a policy decision by the Council and, until the legislature addresses Measure 37 issues, he expressed his opinion that a nominal fee or deposit be paid when the claim is filed. 3558 Attorney Shields stated that in a local claims process, the Council does need to obtain an independent appraisal and a decision needs to be made by the Council as whether or not the Council will accept the MAl appraisal submitted by claimant or require a second appraisal and if a second appraisal is obtained, if the cost for the appraisal will be borne by the claimant or the City. It was the consensus of the Council that the City would pay for any appraisal that is obtained by the City, however, if the City prevails, then the cost would be borne by the claimant. If the claimant prevails, all costs incurred by the City will be borne by the City. Attorney Shields also stated that there is a provision in the measure that would allow the claimant to recover their costs and attorney fees if their claim prevails. 5. Should City ordinance contain numerous requirements similar to the proposed Beaverton ordinance - It was the consensus of the Council to have an ordinance simpler than the Beaverton ordinance. A checklist could be provided to the claimant outlining documents that the City would like to see submitted. 6. Claims Ordinance administration - Councilor Cox suggested that the ordinance be written so that the administrative decisions are made by the City Administrator or his delegate but the ultimate decision as to whether or not claims are paid or denied will belong to the Council. 7. Should the claims ordinance contain a public hearing requirement- It was the consensus of the Council that a public hearing needs to be held, however, the notice does not need to be a lengthy notice with legal descriptions. Property owners Page 5 - Council Meeting Minutes, November 22, 2004 5 . Y T '.lI'I" .,..., I COUNCIL MEETING MINUTES NOVEMBER 22, 2004 TAPE READING within 500 feet radius of the claimant's property would receive a notice in the mail. 8. What other requirements should be included in the claims ordinance - Councilor Cox felt that a majority of the items listed in the memo would already have been obtained or researched by the City in order for the claimant to submit a claim. He reminded the Council that the more roadblocks put into the ordinance as mandatory information to submit a claim will drive people away from the process and they will then wait the 180 days following which they will file in Circuit Court. He felt that encouraging the property owner to submit as much information as possible would be more advantageous than requiring the information. He reiterated that costs incurred by the City would be payable to the City if the City prevails on the claim. Following discussion on this issue, it was a consensus that the claimant file a chain of title that would show the deeds that lead up to the current ownership in addition to an appraisal when a claim is filed if the claim involves family ownerships. 9. Should ordinance include a process for summary claim denial for use by the City in appropriate cases - Councilor Cox expressed his opinion that a summary claim denial should only be exercised by the Council. 10. Should the ordinance contain a completeness requirement - It was the consensus ofthe Council to concur with the City Attorney's recommendation that would require the information needed to evaluate the claim in addition to containing a provision allowing the City to review and act on the claim at its sole discretion. 11. Should the ordinance provide for a pre-filing conference- It was the consensus of the Council to encourage a pre-filing conference involving the Community Development Director or higher. 12. Should the ordinance provide for a third-party cause of action against the claimants- It was the consensus of the Council to include in the ordinance language that would authorize a private cause of action by the third-party adjacent owner against the claimant. 13. Should the ordinance state that a "waiver" is personal and does not run with the land- It was the consensus of the Council that the ordinance should not be more generous than Measure 37 which states that waivers are personal and do not run with the land. 6175 14. Definition of "enforces a land use regulation" -- Attorney Shields distributed an outline for discussion purposes. He stated that the definition for "enact" has a fairly clear meaning in that an ordinance that is passed may have a specific effect on a particular piece of property. On the other hand, there is more debate on the definition of "enforce". He stated that the Council needs to have a rational basis for waiver of a regulation, and if compensation is paid, the Council needs to have a basis as to why the compensation is being paid.. Until the legislature addresses Measure 37, the Council may want to consider ordinance language for a non-land use process that would determine whether enforcement should or should not proceed after a claim is filed. He stated that the courts have not addressed this issue as of yet and his interpretation may or may not be what the courts decide. Tape 2 Councilor Cox expressed his views on this subject and stated that Measure 37 applies to a Page 6 - Council Meeting Minutes, November 22, 2004 6 '...... 'W~ 'l1li"". ,..-' COUNCIL MEETING MINUTES NOVEMBER 22, 2004 TAPE READING land use decision by a City or governmental agency which enacts or enforces a restriction. on property. In regards to the City's ordinance, he feels that the enactment of a regulation will trigger a claim in most cases since an enactment would provide a property owner with the assumption that the regulation could be enforced if the owner wanted to push the issue. Attorney Shields stated that he did not disagree with Councilor Cox but felt that there could be a valid argument on the other side and, if included in the ordinance, he would at least be able to bring up the argument in Circuit Court as to legally why someone has to go through this process. Councilor Cox suggested that Attorney Shields draft language for the ordinance and then the Council can review, modify or delete the language prior to passage of the ordinance. Discussion was held regarding the timeline in which a draft ordinance will be distributed to the Council for the special November 29, 2004 Council Meeting. Administrator Brown stated that staffwill send out an agenda on Wednesday afternoon, November 24th, but the draft ordinance mayor may not be included. Otherwise, the draft ordinance will be provided to the Council Monday morning in order to give the Council an opportunity to review the draft before the meeting. 0500 Councilor Cox stated that he had received a brochure about a Measure 37 land use seminar to be held on December 2nd and 3rd and he would like to attend this seminar. The fee to attend will be $525 which is more than he would personally pay to attend, however, if the City would pay $325 he would be willing to pay $200 in order to attend this seminar. Following his attendance at the seminar, he would report back to the Council on information presented since his primary interest is understanding how Measure 37 will affect the City. LONERGAN/SIFUENTEZ.... authorize the expenditure of$325.00 towards the seminar registration fee for Councilor Cox. The motion passed 4-0-1 with Councilor Cox abstaining. 0716 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Community Development Director's Approval of Partition 04-05 located at 1539 Mt. Hood Avenue: Applicant requested partition ofa 2.02 acre parcel into two (2) parcels (1 acre and 1.02 acres). The parcels are located in a Commercial General zone with one parcel currently housing the Washington Mutual Savings Bank with 32 parking spaces and the other parcel is currently vacant. No action was taken by the Council to call up this issue for review. 0741 CITY ADMINISTRATOR'S REPORT. A) Administrator Brown stated that the City had requested Congresswoman Hooley to try and obtain some federal money for the new police facility. The initial request was for $1 million which was the maximum request amount through the federal appropriations bill. City staff has been notified that the appropriations bill does provide for $300,000 for Page 7 - Council Meeting Minutes, November 22, 2004 7 . w 'Y' '.-, r COUNCIL MEETING MINUTES NOVEMBER 22, 2004 TAPE READING police technology in the construction of this facility. He stated that he learned in a recent meeting with the City's Financial Advisors for this bond issue that some items are considered as capital improvements for the purpose oftax exempt bonds and the IRS does not necessarily look at computers and other items not fixed to the wall as being a capital improvement within the context of a tax exempt bond. The federal funding will allow the City to have a tax exempt bond to expend on the rest of the items that it will take to build the facility. Chief Russell stated that he had received a telephone call from Senator Smith's office and the appropriations bill has passed in both the Senate and the House and the bill has been forwarded to the President for signature. B) Bond Issue Financial Advisor meeting update - Administrator Brown stated that staff met with Regional Financial Advisors last week, along with bond counsel from Preston Gates Ellis LLP, and the good news is that the bond market continues to look good. Staff is moving forward on a tax-exempt issue and the Council will be adopting a bond resolution in order to call for the sale of the bonds in the latter part of February or first part of March 2005. During the meeting with the Financial Advisors, he had made a decision on behalf of the Council to move forward with a competitive bond sale rather than a negotiated sale with an underwriter. Staffwill also be coming back to the Council with a resolution for an interfund loan so that the City can begin paying the architect for the final design work that needs to be done so that an Invitation to Bid can be prepared in order to move forward with the project. The interfund loan will be refunded through the bond proceeds once they have been received. 1120 MAYOR AND COUNCIL REPORTS. Councilor Lonergan stated that he had received telephone calls over the weekend from disgruntled citizens that are losing garage sale signs. He requested that the Council address this issue in the near future. Councilor McCallum stated that he had recently learned that former Recreation Program Manager Brian Sjothun has been named as the Recreation and Parks Director for the City of Medford, Oregon. Councilor McCallum also stated that the Council had previously asked the Livability Task Force to review the noise ordinance and a meeting will be held on December 2, 2004, 7:00 p.m., City Hall Council Chambers, as the date and time to address this issue. The public is invited to attend this meeting. Councilor McCallum reported that the Marion County Public Safety Coordinating Council will be holding a series of breakfast meetings to begin a movement on the methamphetamine situation. This group will be hosting a breakfast for public officials in Salem on December 14,2004 at the Marion County Public Works facility. He will forward information to the Council and staff once it is received to see if anyone would like to attend. Councilors Sifuentez and Cox wished the City employees and the citizens of Woodburn a safe and Happy Thanksgiving. Page 8 - Council Meeting Minutes, November 22, 2004 8 .. 'Y l' r COUNCIL MEETING MINUTES NOVEMBER 22, 2004 TAPE READING Councilor Nichols reminded the public that the Mayor's Christmas Festival Music will be held on December 6th and 7th in the Woodburn High Schoollectorium. Mayor Figley also wished the citizens a Happy Thanksgiving and reminded the public that there will be a lot going on during the holiday season and she looked forward to seeing Woodburn residents at those events. 1373 Mayor Figley stated that there was no need for a Council Executive Session. 1397 ADJOURNMENT. NICHOLS/SIFUENTEZ.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:55 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, November 22, 2004 9 .. 'W"" . 'Y' ",..~" .-r 9B SPECIAL COUNCIL MEETING MINUTES NOVEMBER 29,2004 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, ST ATE OF OREGON, NOVEMBER 29, 2004. CONVENED. The special meeting convened at 7:00 p.m. with Mayor Figley presiding. 0008 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Present Present Present Present Present (7:20 pm) Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Development Director Mulder, Finance Director Gillespie, City Recorder Tennant 0056 COUNCIL BILL 2544 - ORDINANCE REGARDING MEASURE 37 CLAIMS: EST ABLISHING PROCESS TO EVALUATE SAID CLAIMS SO THAT THE CITY CAN DECIDE SAID CLAIMS ON A RATIONALE BASIS. Councilor Cox introduced Council Bill 2544. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Councilor Cox requested an explanation of Section 2 relating to the Accrual of Claims since he had interpreted the "except in cases..." language to cover all cases. City Attorney Shields stated that he had attempted to draw a distinction between the actual measure language where it talks about enactment of a new land use regulation, such as down-zoning of property, versus enforcement of a land use enactment. It is his belief that the Council needs an opportunity to decide in specific cases if they are going to move ahead and enforce an ordinance or do a waiver. The Council is in a position where they need to uphold the other land use laws and the Council is a fiduciary of public funds. In an individual case, the Council needs to enforce and implement Ballot Measure 37 but at the same time have a reason for when they waive a regulation. Councilor Cox stated that they had debated at the last meeting about the significance of the word "enforcement" but no firm conclusion was made at that meeting. He stated that if the word is used in the ordinance then the Council needs to know the definition of "enforcement" of a land use regulation. Attorney Shields expressed his belief that enforcement does not mean just having a regulation on the books and the Council has no opportunity to look at it in the context of Page I - Special Council Meeting Minutes, November 29,2004 10 . ..... ... , ..* ". SPECIAL COUNCIL MEETING MINUTES NOVEMBER 29, 2004 TAPE READING Measure 37. Additionally, even ifthe existing ordinance is on the books, he believes there is no cause of action unless the City enforces the ordinance. Discussion was held regarding language adopted by other jurisdictions in addition to Attorney Shields' interpretation of Measure 37 language. Councilor Cox disagreed with the interpretation in that he did not feel that the measure intends that claimants need to spend several thousand dollars to submit a permit application that they know will be denied because it is against the City's pre-existing rules. A Measure 37 claim would then be filed and, in his opinion, the courts would uphold the claim. Mayor Figley stated that she would like to reserve the right to have an action go through the existing process, such as a variance process, which if approved, would possibly negate a claim. Councilor McCallum stated that he would also like to have property owners go through the City's process. Councilor Cox stated that he could not argue with the desirability of what the Mayor and Councilors are saying but his interpretation of the bill clearly says that a claim can be filed within less than 2 years and before the effective date of Measure 37 or the submitting of an application. In his opinion, the language in the draft ordinance is contrary to the language in Measure 37. Attorney Shields stated that the draft ordinance language would give him an opportunity to argue the issue of enforcement versus enactment. Councilor Bjelland stated that the burden of proof would be on the claimant to show that they have been damaged in order to establish the claim. 1173 Councilor Cox referred to Section 3 (Definition - Exempt Land Use Regulation), subsection 2, which, for the most part, tracks language in Measure 37 but it adds a number of activities that are not listed in the measure. City Attorney Shields stated that Measure 37 states "such as" and the additional listed items are similar exemptions that can relate to health and safety. The fact that they were added to the ordinance was noted in the staff report. Discussion was held on the list of activities and Attorney Shields agreed that there may be claims filed that are not exempt because they do not meet the public health and safety criteria. 1779 Councilor Cox referred to Section 4(B)(8) and suggested that this subsection should be deleted because he felt that the courts will determine the value date. Attorney Shields agreed that the language could be deleted as proposed since Measure 37 does define valuation. 2337 Councilor Cox referred to Section 7 ( C)(3) and expressed his opinion that the notice would become very wordy and very confusing to the public if all of the information outlined in this subsection is provided in the public notice. He suggested that a brief but concise notice would be more appropriate and that the last sentence in subsection (3) could be deleted. Page 2 - Special Council Meeting Minutes, November 29, 2004 11 .. 'Y" 'Y' '.~, ,.. SPECIAL COUNCIL MEETING MINUTES NOVEMBER 29, 2004 TAPE READING Attorney Shields agreed with Councilor Cox's suggestion. Councilor Cox questioned the meaning in Section 7(I)(g) relating to a denial of a claim based on the land use regulation in question not being an enactment of the City. Attorney Shields stated that a person could be making a claim on a regulation that is not a City regulation. He stated that he could envision this happening more within the County but there could be a situation involving a piece of property that the City has an area of interest in that is outside of the City but within the urban growth boundary. Councilor Cox questioned if the City would need to turn down an application in order for a person to have a claim (reference to Section 7(n(l )(h)). He stated that this issue was discussed previously and did not feel that an application needed to be filed in order to file a claim under Measure 37. Councilor Bjelland expressed his opinion that this was a conservative approach and he would rather take the conservative approach at this time. Councilor Cox referred to Section 7(M) and stated that he agreed with the first sentence but did not understand what was intended by the last sentence. He questioned if a person received a waiver or modification could they then sell the property to a developer for development. Attorney Shields stated that if a waiver was received then it would be an open question. In his opinion, if the license is personal in terms of the waiver and a third party then acquires the property, it will create a practical problem but the personal waiver would not transfer. Following discussion on this section, it was suggested that the sentence be revised to address title transfers before a development, which may include construction phases, which have been completed. 3600 Councilor Cox referred to Section 8(A) relating to the deposit and expressed his opinion that the language in this subsection of the draft ordinance is contrary to what was discussed at the last meeting. Administrator Brown agreed that this section needs to be modified and the following subsections still give the City the right to collect costs in excess of the $500 if the City prevails. Councilor Cox stated that his final comment involves Section 12 regarding attorney fees. He expressed his opinion that Measure 37 does not include this provision and it should not be included in the draft ordinance. Attorney Shields stated that he could try to argue reprocity under the statute itself in order to collect attorney fees incurred by the City. He stated that this is not that common of a provision other ordinances the has seen drafted and/or adopted by local jurisdictions. 4500 Discussion was held regarding the need to protect taxpayer dollars and recover attorney fees whenever possible. Councilor Cox also questioned how a lien would be filed if the claimant did not pay the final bill relating to the claim processing. Page 3 - Special Council Meeting Minutes, November 29, 2004 12 '" '..... . ..' ,""..., , ".. SPECIAL COUNCIL MEETING MINUTES NOVEMBER 29, 2004 TAPE READING Attorney Shields stated that the City could file a lien in the municipal lien docket which would encumber the property and the City could go to Circuit Court to affirmatively enforce the lien. Councilor Lonergan questioned if, under Section 7(D), the claimant needs to submit the comments at the time the claim is filed or does it refer to persons other than the claimant. Attorney Shields stated that this subsection could be deleted since written and oral comments are included in Section 7( C)(3). 5185 Mayor Figley called for a recess at 8:15 pm and reconvened the meeting at 8:25 p.m.. Councilor Cox stated that he would like to revisit Section 2 regarding Accrual of Claims since he strongly feels that an applicant does not need to come fOlWard with a specific proposal in order to file a claim. Attorney Shields stated that his argument would be that the Council needs a rational basis to decide a claim since the Council has a legal obligation to enforce the law and existing regulations, and not to payout public money to private individuals without some kind of rational basis. A person needs to bring in sufficient information for the Council to decide the claim. Councilor Cox agreed that the Council needs to have a basis for allowing a claim and the City will rely on the claimant to give the City the information if possible. However, his reading of the ordinance seems to say that if the claimant gives the Council a rational basis then the claimant has a claim. Attorney Shields acknowledged that Councilor Cox has made a point but reiterated that this measure is very unclear and the draft ordinance is an attempt to layout some kind of rationale where the Council can balance the interest and, if the City does go to court, he could argue that the claim has not accrued if the claimant has not given the City a chance to address the enforcement issue. He agreed that Ballot Measure 37 does not require that a claimant apply for a land use permit in order to submit a claim to the City. He reminded the Council that the City will need to revisit this ordinance once the legislature has addressed Measure 37 issues. Tape 2 Mayor Figley stated that there are five amendments that need to be voted on before a final vote is taken on the ordinance. The amendments are as follows: A) Claims Filing Procedure Section 4(B)(8): BJELLANDILONERGAN.... amend by deleting subsection 8 in its entirety and the succeeding paragraphs be renumbered. On roll call vote, the motion passed 5-1 with Councilor Nichols voting nay. B) Claim Review Process Section 7( C)(3): COX/SIFUENTEZ.... amend this subsection by deleting the second sentence beginning with the word "include....". On roll call vote, the motion passed unanimously. Page 4 - Special Council Meeting Minutes, November 29, 2004 13 . .'l!I" T' 1" SPECIAL COUNCIL MEETING MINUTES NOVEMBER 29, 2004 TAPE READING C) Claim Review Process Section 7(M): MCCALLUM/SIFUENTEZ... amend this subsection by deleting the second sentence in its entirety beginning with "Any transfer...... On roll call votet the motion passed unanimousl y. D) Deposit and Final Bill Section 8(A): MCCALLUM/COX... amend Section 8(A) by deleting the third sentence beginning with the words "At such time..... in its entirety: On roll call vote, the motion passed unanimously. E) Claim Review Process Section 7(D): COX/SIFUENTEZ... amend the bill by deleting Section 7(D) in its entirety and changing the letter designation of the following subsections in Section 7. On roll call vote, the motion passed unanimously. Councilor Cox stated that he would vote yes on this ordinance as amended with extreme reluctance but feels that it is important to get an ordinance in place before the effective of the measure. On roll call vote, the bill, as amended, passed by unanimous vote of the Council. Mayor Figley declared Council Bill 2544 duly passed with the emergency clause. 0406 LAND PURCHASE AGREEMENT FOR EXPANSION OF WASTEWATER TREATMENT FACILITY (Seller: Danny M. Clark. Personal Representative for tbe Estate of Lorena M. McNulty. Deceased). Mayor Figley stated that a revision to the agreement was distributed to the Council just prior to this meeting. Councilor Cox stated that he had reviewed the document carefully and the he feels that the staff has done a good job in negotiating for this necessary piece of property and the contract has been carefully and professionally drawn. COX/MCCALLUM.... authorize the City Administrator to execute the agreement for the purchase of 92.5 acres. The motion passed unanimously. 0470 CERTIFIED ELECTION RESULTS. The certified results from the November 2,2004 General Election are as follows: Mayor: Measure 24-133: Police Facility GO Bond Kathy Figley 4,693 Yes Votes 3,278 Write-In 205 No Votes 2,801 Over Votes 2 Over Votes -0- Under Votes 1,598 Under Votes 419 Page 5 - Special Council Meeting Minutes, November 29, 2004 14 . ''lIP'' 'W' '''''''''I'' ',..- SPECIAL COUNCIL MEETING MINUTES NOVEMBER 29, 2004 TAPE READING Councilor - Ward I : Walter B. Nichols Write-In Over Votes Under Votes 1,223 39 1 556 Councilor - Ward II: Richard Bjelland Write-In Over Votes Under Votes 456 10 -0- 204 Councilor - Ward VI: Elida Sifuentez 423 Write-In 19 Over Votes -0- Under Votes 153 MCCALLUMlNICHOLS...certification of the canvass of ballots be acknowledged by the Council. The motion passed unanimously. 0553 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS: A) Community Development Director's Approval of Partition 04-07 (Boones Crossing) allowing for an existing 48.35 acre parcel to be partitioned into three parcels in a Single Family Residential (RS) zone. No action was taken by the Council to call this action up for review. Councilor Cox did mention that he would be unable to attend the next Focus Group meeting and, as a housekeeping item in the development ordinance, a change should be made to the language relating to the call-up of an item in that the call-up language should state the next regular meeting of the Council rather than the next meeting of the Council. 0617 ADJOURNMENT. COXIMCCALLUM... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:50 p.m.. APPROVED KA THRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 6 - Special Council Meeting Minutes, November 29, 2004 15 . ''Ir '9' .~',.. 9C MINUTES MONTHL Y MEETING OF WOODBURN PUBLIC LIBRARY BOARD DATE: ROLL CALL: STAFF PRESENT: GUESTS: CALL TO ORDER: SECRETARY'S REPORT: November 10, 2004 Mary Chadwick - Present Ardis Knauf - Present Yesenia Chavez - Present Kay Kuka - Present Neal Hawes - Present Patricia Will- Present Catherine Holland - Present Linda Sprauer, Library Director Vicki Musser, Recording Secretary None. President Pat Will called the meeting to order at 7 pm. The minutes of October 13,2004 were approved and seconded. CORRESPONDENCE: None. PUBLIC COMMENT: None. DIRECTOR'S REPORT: Monthly Statistics: Circulation remains steady, at about the same level as last year. The number of items loaned and borrowed also remains consistent. There were 654 new additions to Library materials in October, and 18,488 patrons were registered with the Library. People visiting the Library totaled 18,151. This number is reached by recording the patrons passing by a digital counter on each door every day, and then taking that raw score and dividing by 2 (to account for their leaving). Two percent is subtracted to take into consideration children or youth playing around the doors, and the final result is recorded on the monthly statistics, which are kept by the Library year after year. Overall, the Library stays consistently busy. Youth Services will host a Game Day on November 6. This will be followed on the second Saturday of November by a visit from Adam Miller, children's folksinger. On Saturday, November 20, Thanksgiving Crafts will be offered, and on Saturday, November 2th, Youth Services will present Popcorn Videos. The Library's regular programming remains as usual. The Kid's Book Club, which is held every Monday from 3:30- 4:30 pm, is presently reading The Door in the Wall. 1 16 . ''If' ' Y' r Last month, teens assembled for Third Thursday Teens to participate in a "Pizza Taste-off'. Their goal was to decide which pizza was the best in town. Pizza Hut was voted best overall pizza, but there is a plan to reassess Woodburn's pizza selections again in the near future. Library closures: The Library will be closed on Nov. 11 for Veteran's Day, as well as Thanksgiving Day on November 25. The Library will be open from 8-12 noon on December the 24t\ and then will be closed on December 25th and 26th. V olunteer of the Month: The Volunteer of the Month for November is Kay Kuka. She began working at the Woodburn Public Library as a volunteer in 1997. Kay comes to the Library on Wednesday mornings to process holds. She has also served as a member of the Library Board for over three years. During the tax season, she volunteers with AARP at the Library as a tax preparer. We are grateful to have Kay help us in all of her volunteer capacities. CCRLS: The changeover date from Dynix to III remains December 22. Public relations, in the form of press releases and bookmarks, will begin soon. On December 20 and 21, there will be no automated checkouts. Patrons will need to bring a library card so that staff can manually check books out for them. No book check-in will be available on those dates. The Library staff has been going to a variety of training sessions at CCRLS in Salem. Key staff members are trained and then return to share their knowledge with the restofthe staff. Friends of the Library: Neal Hawes, Library Board member and Friends secretary, gave a report on the Fall Book Sale. The Friends ofthe Library received $809 total, minus $88 to pay for CD's for the Library, and so the final profit was $721. Music in the Park: The Friends have given poster and Certificates of Appreciation to all of the 2004 sponsors of Music in the Park. Neal, who contacted local companies to enlist their support, has asked those sponsors to help the Library again in 2005. Mid-Valley Bank, who donated $250 last summer to sponsor one of the Music in the Park concerts, has indicated an interest in donating $2500 next year. They will contact Neal next week with their final decision. Sandy Kinney is going to schedule a musical group for the July 4th picnic in Centennial Park. She is looking for a military marching band. 2 17 .. '- '9' '.- ,.. Sandy has sent an e-mail to Joni Harms, country music singer, asking her to again be part of the next summer concert series, and expects to hear from her soon. There are 10 concerts planned for this year; one on the 4th of July (a Monday), and a 9 concert series to be held in the Library Park on Tuesday evenings throughout July and August. The Friends are working to increase their funding. One way to achieve this is to open a money market account to help available funds to earn interest. Another goal of theirs is to become more involved in the community. Anyone interested in becoming one of the Friends of the Library is welcome to join. There is a yearly $5.00 fee, and meetings are held quarterly. The next meeting will be held on Monday, December 6th, during which dates for the Spring Book Sale will be discussed. OLD BUSINESS: None. NEW BUSINESS: Due to the system upgrade, the staff are currently occupied, but sometime in the new year, Linda will be asking different departmental staff to come and report Library activities to the Board. BUSINESS TO/FROM Salem's Library District ballot did not pass, though the committee did their best to bring it about. Out of fourteen issues on the ballot, only three or four passed. People have limited resources to put into new proposals. THE CITY COUNCIL AND/OR MAYOR: ADJOURNMENT: The meeting was adjourned at 7:25 pm. Respectfully submitted, Vicki Musser 3 18 . 'W"" T' '....., , .,... 9D WOODBURN PLANNING COMMISSION November 4, 2004 CONVENED The Planning Commission met in a special session at 7:00 p.m. in City Hall Council Chambers with Chairperson Lima presiding. ROLL CALL Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Lima Young Vancil Grlgorleff Knoles Bandelow P P P P P A Staff Present: Jim Mulder, Community Development Director Consultant: Greg Wlnterowd, Wlnterowd Associates MINUTES A. Woodburn Planning Commission Minutes of October 28. 2004 Minutes will be available at the November 4, 2003 Planning Commission Special Meeting. BUSINESS FROM THE AUDIENCE None COMMUNICATIONS A. Woodburn City Council Minutes of October 11. 2004 B. Woodburn City Council Work Session Minutes of Seotember 20. 2004 PUBLIC HEARING None ITEMS FOR ACTION A. Final Order for Design Review 04-17 and Variance 04-24. reauest to Install two oole signs and associated Variances at 965 N. Boones Ferry Rd.. Woodburn School District. aoollcant. Vice Chairoerson Youna requested clarification from Staff whether it was two wall signs for each one of the facilities and the fifth sign being the extra sign or was it two wall signs for both schools. Staff stated the Commission essentially granted the Variance to let them keep what they had and therefore, anything new would then have to conform. Vice Chairoerson Youna moved to accept the Final Order as presented by Staff. Commissioner Knoles seconded the motion. Motion unanimously carried. B. Schedule work session to discuss oeriodlc review amendment oackaae on November 1 0.2004 at 7:00 om In the City Council Conference Room. Commissioner Vancil announced he had a conflict the evening of the workshop and would not be able to attend. Chairoerson Lima also indicated he may be late because he will be working in North Portland that day. Commissioner Knoles made a motion to schedule a work session to discuss the Periodic Review Amendment Package on November 10, 2004 at 7 pm in the City Council Conference Room. Commissioner Griaorieff Planning Commission Meeting - November 4, 2004 Page 1 of 4 19 . 'Y' T ''''''''"', 'r seconded the motion. Commissioner Vancil interjected the schedule has been fiddled with for 1 ~ years and now all of sudden sessions are being crammed in holidays and on nights the Commission does not normally meet. He thought the sessions should be scheduled to where all of the Commissioners are present. Motion carried with Commissioner Vancil voting No. DISCUSSION ITEMS A. Work session to discuss Derlodlc review amendment Dackaae Staff stated the Commission received a notebook containing the Periodic Review Amendment package which includes many documents. He said ultimately this should give the Commission sufficient time to review the package before getting to the public hearings, which will possibly be in late January or early February at the earliest. Staff reported the Planning Consultant Greg Winterowd with Winterowd Associates would be leading the Commission through the agenda for the first three sessions. He further reported the work sessions have been broken up into three work sessions which have been scheduled for November 10th and December 9th, which is a regular Planning Commission meeting night. He indicated he proposed to have a work session on December 2nd , if the Commission so desired, to go over Zoning and Comprehensive Plan Map changes that are proposed within the existing urban growth boundary. That meeting would mostly consist of updating zoning and making zonin~ and comprehensive plan designations on parcels consistent. Staff mentioned during the November 18 meeting, Staff will request the Commission make a motion to schedule that meeting. He clarified work sessions are intended to be informal. Commissioner Vancil requested the guests present from the public introduce themselves. Carla Mikkelson said her family owns a home on First St. and she lives on a farm West of Woodburn. She has been involved with Friends and Neighbors of Woodburn, which is group that has decided to get involved in the Planning process. Lolita Carl is a farmer that is located not too far from the UGB and she to is interested in the impact. Catherine Carl also owns property near the UGB expansion. Theodora Tarbet stated although she does not live within the LLC, she is interested to see how this expansion will effect the surrounding area. Grea Winterowd provided a process update and discussed the work that has been done during the last few years. He indicated he would bring up ideas, recap issues discussed in the past and invite direct questions from the Commission and stated the packet before the Commission was essentially the same proposal shown last November. Mr. Winterowd made reference to Measure 37 and clarified what it does and does not mean for this process. He indicated although the City is not totally tied up by the new legislation, they do have to be careful in proposing things, Le., protection of streams, wetlands. In some ways, Woodburn is better off than other communities because they have largely built out inside the City. Although the Statewide Planning Goals can not be tossed out or Measure 37 ultimately ignored, he requested the Commission ask themselves whether this is a good plan; is this the way you want the community to grow and if it is not, then make it better. He pointed out the Commission should not feel intimidated by Measure 37 and suggested moving ahead without fear and do the right thing. He stated after several years, the Board of Commissioners are looking to adopt a population projection of 34,919 which is the mid-range projection Eco Northwest projected years ago and from which the City has been basing their planning from. Mr. Winterowd also reported that is 2.8% average annual growth rate and indicated the City has grown at over 3% in the last three years with the employment projection being about 3% slightly higher than the population projection. He explained it is designed to take what is a relatively low job to person ratio in Woodburn and bring it more in line to the County average. Moreover, it is not inconceivable that Woodburn could have a lot of jobs because there are location advantages that all tie to 1-5. The Industrial Lands Task Force and the Governor's Task Force designated Woodburn as being one of the 25 better sites in the State. There was further discussion regarding the fact Planning Commission Meeting - November 4, 2004 Page 2 of 4 20 . ''I!r ' 'Y' 1" that the employment numbers do not make that much difference because in looking at the work that has been done, the Economic Opportunities Analysis and the Economic Development Strategy reviewed a few years ago by the City Council, focuses on the types of sites that industries that attract good paying jobs might need. He added it is quite possible that the 400-500 acres of industrial land that you end up with may not all develop because the right firm does not come along. Strong protections were built in for those sites so they do not get used up for commercial land. Mr. Winterowd pointed out there is very strong language in this plan that states you can not change that from industrial to commercial. It has to stay in industrial uses on the list and if not used for industrial, it would have to remain farm land. He reviewed the key land use objectives (1) implementation of Economic Opportunities Analysis, (2) provide choices for potential users among industrial sites, (3) provide buildable land for parks, schools and houses for the next 20 years, (4) complete the periodic review process which began about 6-8 years ago, (5) coordinate with Marion County Framework Plan, (6) provide adequate transportation especially at the 1-5 interchange, (7) minimize impacts on agricultural land, and (8) protect Woodburn streams and wetlands. During the planning process, they intentionally under allocated commercial land to encourage infill and redevelopment of blighted areas. In that process, a total of 12 vacant new acres were allocated. Mr. Winterowd reviewed the exception areas adjacent to the UGB and reported the Maclaren site was not proposed because they did not want to come in the City and he was unsure as to what advantage there would be since Maclaren already has services. Commissioner Vancil remarked there are about 20 acres on the Maclaren property between the fence and Highway 99. He commented that land should probably be looked at if there will be discussions with the Department of State lands about whether or not Commercial Office might be a potentiality to put into this plan. Grea Winterowd reported the agricultural soils within the current UGB Boundary range from Class III-IV with a few areas with Class I-II. Additionally, he indicated the proposed plan would not bring in anything in towards Mt. Angel. He stated they tried to minimize the interface between residential land and agricultural land. Mr. Winterowd pointed out the questions to ask are; do we have it right on the industrial land and basic employment, are you comfortable with a limited supply of commercial and are we proposing the right directions? Once those questions are answered, there would be plenty of time to discuss acreage numbers. He also reported the parcels West of the proposed industrial area were not considered because they tried to avoid Class I soils that were actively farmed. Commissioner Knoles thought the plan looked really good. However, he expressed concerns regarding being so restrictive on the commercial and the possibility that might limit opportunities in the next 15 years. He also stated he would love to see the downtown area reconstructed and the commercial rebuilding of different areas. Moreover, he would rather see the industrial going South and the commercial going North from the interchange. Commissioner Knoles also commented he liked the idea of drawing the industrial line down and over Butteville Rd. because you would be pulling away from the freeway if you continued towards Gervais. Discussion was held as to why the area North of the Company Stores was not used as an expansion area and also regarding the area between the 214 corridor and the drag strip. Grea Winterowd reported he will discuss the pros and cons of Nodal Development, how to meet policy needs and also about dealing with the order of farm land protection at the next work session. REPORTS None BUSINESS FROM THE COMMISSION Chairoerson Lima mentioned during the last meeting there were discussions regarding developing some sort of policy that would limit the time an applicant, proponent and opponent have in terms of testifying during a hearing. He also commented there was discussion about applicants submitting large packets at the time of the public hearing and not allowing the Commission ample time to review the information. After much discussion, it was determined that a definite guideline need not be set however it is up to the Chairperson to have control of the hearing and keep testimony on task. Planning Commission Meeting - November 4, 2004 Page 3 of 4 21 '. ''!r' , 'I" 1" ADJOURNMENT Commissioner Knoles moved to adjourn the meeting. Commissioner Griaorieff seconded the motion, which carried unanimously. Meeting adjourned at 9:40 pm. APPROVED Fr11 { <J~?/O'l DATE ATTEST JimMul Comm n' Development Director City of oodburn, Oregon /2 .-?~oi Date Planning Commission Meeting - November 4, 2004 Page 4 of 4 22 . 'W' '9' '.~',.. 9E WOODBURN PLANNING COMMISSION WORK SESSION MINUTES November 10, 2004 CONVENED The Planning Commission met In a special work session at 7:00 p.m. In City Hall Conference Room for the purpose of reviewing the Periodic Review Amendment Package. ROLL CALL Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Lima Young Vancil Grlgorleff Knoles Bandelow P A P P P A Staff Present: Jim Mulder, Community Development Director Consultant: Also present: Greg Wlnterowd, Planning Consultant, Wlnterowd Associates Jeff Crook, Field Representative for the City of Woodburn, Dept. of Land Conservation & Development Will Denecke, OPUS Northwest Kay Peterson, City of Woodburn Business Owner Woodburn Periodic Review Amendment Packaae Staff announced the Marion County Board held a public hearing this morning to consider the proposed Woodburn population projection and it was unanimously approved. In addition, he commented the periodic review public hearings will be scheduled once work sessions are completed with the Commission and the Commission are satisfied that it is ready to go forward. He indicated it is the hope of the Mayor and the City Administrator to start the hearings some time in January 2005. Grea Winterowd talked about housing, where people live, the quality of their lives and neighborhoods as well as what has have been done to try to plan for a better place for people to live in Woodburn while meeting the statewide planning housing goal #10. He discussed goal #10 and indicated there does not seem to be a big disconnect between the community and the statewide planning goal. Woodburn has tried to have a balance with higher-quality more expensive housing with more affordable good-quality housing. He also reviewed the Housing Needs Analysis and stated the City worked with Councilor Bjelland's model in attempting to get a handle on the relationship between projected income in the community and the types of affordable housing and attempted to come up with ways to make home ownership opportunities more affordable in the community. Mr. Winterowd referred to a map that displayed the locations of buildable land by category and reported there is an availability question beginning to happen now in Woodburn. Moreover', as those areas fill out, you depend on a couple of people to open up their land for development which can have an effect on supply. Additionally, there are not a lot of infill opportunities because so much of Woodburn is already built out. Mr. Winterowd further remarked we have to provide affordable housing opportunities which tends to translate somewhat into higher density. He indicated there was a long standing discussion between the City and Marion County on the County adopting a density standard to be applied to the City in an effort to come up with a plan that would work with the statewide planning goals, the existing Marion County framework plan, and meet the City's local needs. The City was told by LCDC that they did not mind if they did this as a County guideline but they did not think enough analysis was done to say it is a standard. However, the overall density numbers they came up with were 8 units per gross acre=10 units per net acre=4,OOO sq. ft. lots on average per unit, which includes multi-family. Although those numbers are small for Woodburn, at least the City is provided the opportunity to meet that guideline in this community without having horrible impacts. It seemed to him useful to show both the County and potential critics that we are providing for this opportunity. It was pointed out by Commissioner Vancil that the areas around the OGA golf course, Ironwood at Tukwila and the area behind Wal-Mart are very dense areas and are tiny lots. He commented a vision with an average of 20 percent land than what is in Tukwila was problematic to him because that did not promote livability at Planning Commission Meeting - November 10. 2004 Page 1 of 3 23 ,. 'Y Y' ,.. all. There was further discussion regarding the impact smaller lot sizes have on the housing quality and affordability . Grea Winterowd stated the higher density we go, the more we think about good design standards to protect the people that move there so we do not create instant slums. In order to do that, it is real helpful to have larger areas so we could do master planning. Additionally, we need to look for land to where people could move up to. He explained the concept of nodal development, which is an area with a commercial center surrounded by a higher density residential area with design standards to make up the density and provide affordable housing opportunities. Mr. Winterowd characterized the Southwest and Northern areas of Woodburn as major areas of growth and outlined the proposed industrial areas. He pointed out if we are going to have concentrations of multiple family, they should be around some sort of commercial center. Several proposals were made 1) 10 acres of commercial ground which would be enough for a shopping center, 2) smaller single family lots (4,000-5,000 sq. ft. range) with very strict design standards in order to preserve the street scape. This would also apply to areas already in the UGB line. There was also discussion regarding housing over retail businesses in the downtown and nodal development areas. Several Commissioners expressed concerns with the potential traffic impact. Staff provided information regarding the conceptual road grid system, and briefly discussed traffic impacts and there was also some discussion about the affect on schools and their needs. Additionally, he indicated they are trying to provide for a wider range of housing types and choices, emphasizing high development standards. Moreover, he outlined areas on the map where you can potentially have an 8,000-10,000 sq. ft. lot and where they expect the higher end homes will go. Exception areas were also discussed which are areas that are exceptionally hard to develOp and are already committed to urban use. Grea Winterowd remarked we need to have higher density more affordable housing generally, near employment and make sure that the transportation system can get to the employment, housing to the employment and out to the freeway. He reported approximately 12,000-14,000 people will be added to the population projection between now and the year 2020. A suggestion was made to write the comprehensive plan in such a way that the property owners living up North or South have an incentive to work with a master developer. In that manner you can achieve more of what you want on doing it by a larger scale master plan as opposed to cutting it up because you do not have the opportunities or leverage. There was discussion regarding open spaces, pocket parks and common areas. Grea Winterowd said they would like to generally keep the notion of higher densities on balance so that farm land can be saved and affordable housing is provided. The exact location as to where the strips go can be rearranged within limits. He reported his next scheduled work shop presentation of December 9th will cover proposed green ways which will include discussion regarding limiting transitions and to make sure that open spaces are built in to the master plan requirements, distribution of housing, and looking at open spaces with some possibilities to provide trails and walking paths to connect those. In closing, Staff informed the Commission another work session is proposed to be scheduled for December 2nd which will cover the proposed comprehensive plan and zoning map changes. The regularly scheduled Planning Commission meeting of December 9th will possibly include one hearing but immediately after the hearing they will continue with another work session to go over the last portion on green ways and open spaces. He also believed there will be a joint Council/Planning Commission work session scheduled for December 6th on the Transportation System Plan. The work session ended at 9:00 pm. Planning Commission Meeting - November 10, 2004 Page 2 of 3 24 .. '1r' l' r APPROVED Fo-z ( ;) ~,/ot . (2-'-0'/ Date ATTEST JimMi' Com n Development Director City 0 Woodburn, Oregon . ! \/ Planning Commission Meeting - November 10, 2004 25 . 'W Page 3 of 3 1" '..... .,.. 9F WOODBURN PLANNING COMMISSION SPECIAL MEETING November 18, 2004 CONVENED The Planning Commission met In a special session at 7:00 p.m. in City Hall Council Chambers with Chairperson Lima presiding. ROLL CALL Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Lima Young Vancil Grlgorleff Knoles Bandelow P A P P P A Staff Present: Jim Mulder, Community Development Director Naomi Zwerdllng, Senior Planner Jason Rlchllng, Associate Planner MINUTES A. Woodburn Plannlna Commission Minutes of October 28. 2004 Commissioner Vancil moved to accept the minutes as presented. Commissioner Knoles seconded the motion, which unanimously carried. BUSINESS FROM THE AUDIENCE None COMMUNICATIONS A. Woodburn Cltv Council Minutes of October 25. 2004 Staff informed the Commission the City Council will be scheduling another work session on the Transportation Systems Plan for Monday, December 6th at 6:30 pm in the Council Chambers. He indicated an agenda will be sent out prior to the meeting to remind the Commissioners of the workshop. Commissioner Vancil stated he will not be able to make that meeting until 7 pm. PUBLIC HEARING A. Conditional Use 04-07. Desian Review 04-13. Variance 04-19 and Variance 04-20. reauest to construct a 400 sa. ft. well house at 3099 N. Pacific Hwv.. City of Woodburn. aDDllcant. (Continued from the October 28. 2004 Plannlna Commission MeetinG to the November 18.2004 Plannlna Commission Meetlna). EX-PARTE CONTACTS Chairoerson Lima said he was familiar with the area. Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report. Staff recommended approval of the land use application requests based on the information in the report, the information provided by the applicant and the applicable review criteria. Commissioner Vancil commented all of the landscaping variances made sense if it is just a flag lot on the back of the huge piece of property. He inquired whether potentially that can be developed into smaller lots in the future and if past practice would not box us in? Staff replied the variance only covers the little portion of the property that is a flag lot. They would have to go through a variance process if someone did not want to meet landscaping on the remainder of the site. She Planning Commission Meeting - November 18. 2004 Page 1 of 4 26 . ''!f' T '..... .".. I did not think that past practice would box us in. She explained they look at site by site basis in considering variances and it is not very common to get such a small site so far in the rear of a property surrounded by industrial uses, particularly for the proposed use. Staff felt there would be enough variables that in the future this would not set a precedent for that type of thing. TESTIMONY BY THE APPLICANT Randv Rohman. City of Woodburn. Public Works. 190 Garfield St.. Woodburn. OR 97071 stated the large piece of property South of Patrick Way and the Fleetwood property is undeveloped at this time. He reported the well house will eventually be screened by other buildings as that land is developed for industrial type uses. Additionally, the well house will probably not be visible given its small size and being almost 1,000 ft. from Highway 99E. Mr. Rohman further stated the trees will be watered manually over the first two or three years and once they get established the proximity to the drainage system should help the trees grow very well. He addressed the Fire Department turnaround and said they made the parking area large enough so it may be used as a turnaround area. Daily well house maintenance checks are made to read meters and determine how much water is being produced. Moreover, with the construction of treatment plants, they will no longer need to read meters because the meters will be recorded back at the control center. Mr. Rohman further stated the sites will be visited, at the most once or twice a week, more as a security check although there will be intrusion detection systems on the well house as well. TESTIMONY BY PROPONENTS None TESTIMONY BY OPPONENTS None DISCUSSION Chairoerson Lima closed the publiC hearing and opened for discussion among the Commissioners. Commissioner Knoles stated the well house is far enough away from Highway 99E and the additional screening is not necessary at all because it is hard to see what they were doing even when they were working on the site. He had no issues with the project. Chairoerson Lima agreed with Commissioner Knoles. Commissioner Vancil moved to approve Conditional Use 04-07, Design Review 04-13, Variance 04-19 and Variance 04-20 and requested Staff return with findings. Motion was seconded by Commissioner Knoles. Motion carried unanimously. B. Conditional Use 04-06. Design Review 04-12 and Variance 04-21. reauest to construct a modular classroom and establish a charter school at 591 Gatch St.. Tim Schlabach, aDDllcant. EX-PARTE CONTACTS Chairoerson lima and Commissioner Vancil both reported they drove by the site. Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report. Staff recommended approval of the requests based on the information in the report, the information provided by the applicant and the applicable review criteria, subject to the conditions of approval listed in the Staff Report. TESTIMONY BY THE APPLICANT Rob Kramer. Arthur Academv Neiahborhood Public Schools. Portland. OR said they look forward to getting started with the project and to building their permanent facility. He indicated if approved, they expect building to get started and finished as soon as possible. Mr. Kramer reported there are currently 35 students in the school and he hopes to have 78 students in their K-2 school. Their eventual growth plans are to grow to a K-5 with 150 total students, which would bring them before the Commission requesting an amendment to their conditional use permit to allow for a larger number of students and an additional structure on the property. Mr. Kramer stated there will be a walkway constructed to the building as well as a 20 ft. wide fire lane and if things Planning Commission Meeting - November 18, 2004 Page 2 of 4 27 . 'W' 'Y' ,.,-' 'r go well, the second structure would run adjacent to the large building going to the West. A playground will also be constructed in the grassy area in front of the modular structure closer to the parking area. He said although they will not have a fence by Mill Creek, they will have at least two playground staff on duty any time the children are outdoors making sure they do not lose any kids down the berm and towards the creek. Recesses are staggered so the children are not all outside at the same time. Mr. Kramer further added they will agree to the conditions of the Staff Report however, as they progress through the project, they would ask for some flexibility if for instance the property owners that are involved would prefer not to have a 6-7 ft. block wall there. He indicated they would be happy to make the change in the judgement of the Planning Commission that it would be wise to make that change. Commissioner Vancil explained the decision to have a 6-7 ft. block wall was made by the City Council when they approved the Development Ordinance that whenever development is abutting commercial or uses where there are a lot of folks. Commissioner Griaorieff expressed concerns with there not being a fence by the creek. Rob Kramer understood the concern and stated you can see all the way down the creek and there is a good several hundred feet run before getting to the water. Anybody watching the children will be able to see a child go down there long before there is any kind of danger. TESTIMONY BY PROPONENTS None TESTIMONY BY OPPONENTS None DISCUSSION Chairoerson Lima closed the public hearing and Commission discussion was opened. Commissioner Vancil complimented Staff for the thorough job in working with the applicant. Commissioner Knoles agreed with Commissioner Vancil and indicated he had no problem with the project. However, he referred to the exhibits and pointed out one wall is listed as cedar but in the layout it lists a block wall. Commissioner Griaorieff also saw no issues with the request. Chairoerson Lima thought it was a good use of the flag lot and he favored the project. Commissioner Vancil made a motion to approve Design Review 04-12, Conditional Use 04-06 and Variance 04-21 and requested Staff return with facts and findings. Commissioner Knoles seconded the motion. Motion carried unanimously. ITEMS FOR ACTION A. Schedule Work Session on December 2.2004 at 7:00 Dm In the City Council Conference Room to dIscuss Deriodlc review comDrehenslve Dlan and zonlna maD amendments. Commissioner Knoles moved to schedule the work session and Commissioner Vancil seconded the motion. Motion unanimously carried. DISCUSSION ITEMS Chairoerson Lima requested Randy Rohman provide information regarding the signal light at Boones Ferry Rd. and Highway 214. Randv Rohman explained there was miscommunication between the engineer and the ODOT traffic section. He said they need a permit before they can put in a temporary signal and that has not yet been procured Planning Commission Meeting - November 18, 2004 Page 3 of 4 28 . 'W' 'I' ,.. I however, that should happen real soon. Moreover, he stated the contract has been awarded for the temporary signal and as soon as the permit is obtained they will get moving on installing the temporary signal. Mr. Rohman further stated the entire intersection will be redone next Spring and there will be a new permanent signal installed. He indicated there should be some activity in the next few weeks. REPORTS A. Building ActIvity for October 2004 B. Planning Protect Tracking Sheet (revised 11-10-04l BUSINESS FROM THE COMMISSION Commissioner Knoles commented upon the statement made by the County that even though the population growth for the year 2020 was approved it does not necessarily say that they approve or they think the urban growth boundary that is being planned might be approved. Staff remarked there are two separate issues. 1) approving the population projection and. 2) approving the UGB expansion proposal. He stated he believed the County has a much more amiable board than we had a few years ago to what we are proposing. Commissioner Vancil said after reflecting at the last meeting regarding Nodal Development in the South corner of the City. he came out of the meeting believing that one of the primary reasons why we were looking at such dense development was because of State Land Use Goals. He indicated he started looking at our neighbors to the North (Hubbard/CanbyIWiilsonville) and it appeared like we are looking at a lot heavier density than what they have going in. Staff replied that issue can be revisited on December 9th. He reported Woodburn's standards for density come close to Metro's standards. Staff indicated the basis for this is coming out of Statewide Goals and what State staff is strongly encouraging us to do as far as what will likely get approved by LCDC. Commissioner Vancil voiced concerns regarding the lack of places for children to play in subdivisions such as Montebello. He stated he did not want to have neighborhoods with hundreds of kids and still not have a place for them to playas we get into a 20 year plan. Staff responded the appropriate document for addressing those issues is the Parks & Recreation Master Plan, which was adopted already in 1999. However, the plan will be revisited very soon because in 1999 the Parks Plan was based on our current population allocation. ADJOURNMENT Commissioner Knoles moved to adjourn the meeting. Commissioner Griaorieff seconded the motion, which carried unanimously. Meeting adjourned at 8:00 pm. ATTEST Jimj' Com unity Development Director Ci~.of Woodburn, Oregon / d&~ J,'I , DA E / J Z-1-~1 Date Planning Commission Meeting - November 18, 2004 Page 4 of 4 29 .. 'W'" T '....,''"' 9G WOODBURN PUBLIC LIBRARY MONTHLY REPORT FOR NOVEMBER 2004 I. CIRCULATION: 12,050 Current: Previous: 2,003 11,553 2,002 10,896 2,001 11,832 Adult: 8,771 Children: 3,279 In-House Use: 1,844 II. INTERLIBRARY LOAN Books Loaned: 1,056 CCRLS: 1,049 In-state special: 0 All other in-state: 7 Out-ot-state: 0 Books Borrowed: 1,244 CCRLS: 1,238 In-state special: 0 All other in-state: 4 Out-ot-state: 2 III. REFERENCE 2004 2003 2002 Woodburn 619 842 745 Reterrals Other Total 2 669 1,290 29 1,186 2,057 31 1,042 1,818 Nov. 2004 Nov. 2003 Nov. 2002 892 877 720 Database Usage: (Not all databases included) IV. COMPUTER USAGE Adults Children: 2004 2,616 1,104 2003 2,509 1,055 2002 1,599 699 Avg/open hrs Avgl open hrs 2004 11.28 4.38 2003 11.25 4.73 2002 7.30 3.19 V. LIBRARY SPONSORED PROGRAMS Adults: 0 No. Attending: 0 Children: 28 No. Attending: 364 VI. VOLUNTEER HOURS WORKED: 158.5 VII. FINANCE NEW ADDS: 440 1,118.62 VIII. HOLDINGS 79,881 IX. PATRON LOAN TYPES: 18,630 November 2004 30 . 'W-' '9' "-' .,.. , ~~~~ ~~ WQ.QQ.~Q.~N , 1/ ,. ,) r I' .J r a f .: ,/ J 8 S <J 9H ~~ . . December 8, 2004 TO: Mayor and City Council through City Administrator FROM: Linda Sprauer, Library Director SUBJECT: Status Report to Woodburn Public Library Automated System Conversion BACKGROUND: Update of the CCRLS Automation System. Patrons logging into the computer-based library catalog at the library, or from home, will see a new look beginning in late December. The Chemeketa Cooperative Regional Library Service (CCRLS), which operates he computer catalog for 17 libraries in Polk, Yamhill and Marion counties, is making the transition to a new system. Innovative Interfaces Incorporated, a leading provider of library cataloging software, produces the system called Millennium Silver. Millennium Silver replaces the current system, DYNIX, which has been used in CCRLS libraries since the 1980s. The 20-year-old DYNIX system has become obsolete, and the parent company will no longer maintain or support the system. The libraries, including Woodburn Public Library, selected the new system cooperatively. Its purchase is funded by CCRLS, which is administered by Chemeketa Community College. CCRLS budget has anticipated this upgrade for several years by setting aside funds. Library staff has been involved in training to welcome Millennium Silver to the Woodburn Public Library. Many advances in library catalog systems have been made in the last 20 years. Patrons can expect a fresh look and a number of new functions that make it easier and more efficient to find information about the library items. The projected date to 'go live' with Millennium Silver is December 22, 204. In preparation for the new system, the Woodburn Public Library will be closed to the public on Monday, December 20,2004, for final staff training day. Agenda Item Review: City Administrat~ City Attorney AI~ ~ Financ& 31 ~ "I!f'" , T' '.~, 1" Mayor and City Council December 8, 2004 Page 2 . . Library cards and check-out information will transfer when the new system is installed. Patrons are encouraged to print out a list of items on which they have placed holds in case some records get lost in the transition. Holds can then be checked and, if necessary, re-entered after the new system is installed. More information about Millennium Silver and the transition is available on the Woodburn Public Library website at www.ccrls.orqjwoodburn. FINANCIAL IMPACT: Most of the cost is covered by CCRLS, although some of the City-owned computers required memory upgrades in order to effectively connect to the new system. The cost was paid through budgeted funds for both the library and the IS funds. 32 ~ ''!1r T "~'1" 91 CITY OF WOODBURN Community Development MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5250 Date: December 1, 2004 To: Jim Mulder, Community Development Director From: Building Division Subject: Building Activity for November 2004 2002 2003 2004 Dollar Dollar Dollar No. Amount No. Amount No. Amount New Residence Value 4 $429,308 13 $1,659,904 10 $2,279,961 Multi Family 0 $0 0 $0 0 $0 Assisted Living Facilities 0 $0 0 $0 0 $0 Residential Adds & Alts 3 $23,400 0 $0 4 $74,064 Industrial 0 $0 0 $0 0 $0 Commercial Value 5 $73,399 4 $54,001 4 $30,500 Signs, Fences, Driveways 4 $8,307 1 $750 6 $17,150 Manufactured Homes 0 $0 1 $~,37 4 1 $65,000 TOTALS 16 $534,413 19 $1,718,029 25 $2,466,675 Fiscal Year (July 1- $8,206,679 $16,152,550 $13,861,560 June 30) to Date 1:\CorrmJn'ty Development\BIdgl8uilding AcllV!ty\BldgAcl-2004\B1dg ActiV!'y - MelTClSlaclivily. Noven"Oer 2004.wpd 33 . 'W"" T' '..... l' I Mall Mal Project Date OeooIad 120-Oay Facilities NotIce for Nollce to Post PC Final Order PC Final Notice to Notice to Post 5t1Rpt CC CC Old. Aoolicant DescriPtion Recaived Complete Date Planner Referrals MeetinQ PC Pl108l' Pmoerlv 5t1 RDtDue Hearing Due Order CC PaD9rs Prooertv Due HearlnD Ord. Due Adoptior Annex buSiness An.. park into the 01, UGB Corporate limits 1011~ 99-01, ZC Wally lien 01 the City. 06/01/99 N1A Jim cont. oft Establish the IL calendar 99-01 zone on the property. ~RV_ 1 serviCe IncornpIeIa DR 04- daalalll/lip 1 12/15104 10/2111lM 06, CU ~ Brandon artrucl7,200 sf 04113104 05111A:l4 Extended Naomi 08I20I04 08/30104 10101IIlM N1A 1011111lM 10/21104 COm. John8OO CompleIe 03 _I.mea 0llI18A:l4 03131105 01/1 MIS bldg. ot245O eou'*" Cttm.Ct. Blue Une Bldg. addition at IncornpIeIa DR 04-10 950 N. Cascade 06111104 Jason Concepts Dr. 06l28I04 ~A04- Elcpan8ion 01 ,CU~ LOC wood products 06116104 IncolrIpIeI8 Jason Design facility at 2895 07/15104 05 Progress Way 74 lot SUB 04- CopitAIi subdivision 01 IncornpIeIa ~ L.ats3&401 07/14104 Naomi 02 Co. Town Center 0llI13104 Plat DR 04- Install 3,630 sf 12, CU ~ IncornpIeIa 08,VASf. Arthur rnodulat bIdg 10)' 0713tJ104 01fZ7105 04-21, Academy use as a charter 07/06104 CompleIe Extended Jason 09I30I04 10I06I04 101291m N1A 11101IIlM 11/11104 11/1111lM 12I09I04 VAA 04- school at 591 0lII29I04 02126105 25 Gatch 51. CU 04- 07, DR ~ Construct 400 sl 12/17104 10/26104 13, VASf. City 01 wellhouse at 07/23104 Complete Extended Naomi 08120104 09102/04 10101IIlM N1A 10118104 10/21104 ConI. 12/09104 04-19, Woodburn 3099 N. Pacific 08I20I04 02117105 11/16104 VAA 04- Hwy. 20 PLANNING PROJECT TRACKING SHEET - Aevlaad: 12+04 . ., \0 c.. PAGE 1 Mall Mal Project Date Deemed 120-Day FacUities Notice for Notice to Post StI Rpt PC Final PC Final Notice for NotIce to Post StIRpt CC CCOrd Applicant DascMolion Received Complete Date Planner Referrals Meetina PC P8D8r Property Due Hearlna Order Due Order CC PaIl8Ill Prooerlv Due Hearina Onl. Due Adoptior Construct DR 04-15 house 01 VAR 04- James worship at the 08124104 Incomplete Jason Henry SW comer of 09/03Ill4 22 Hwy.211/June Way PAR 04- Partition one Incomplete 06, VAR Greg Allen pan:el into two 09Ill8I04 09l23I04 03118105 Naomi 11/29104 12123104 NlA mtllD I1llI.lI/lIi ll1l1JtlIi lots at 1125 Complete 04-26 McKinley St. 11/19104 Construct Incomplete DR 04-18, Rebert stonlge bldg. 10J06104 02/25/05 VAR 04- Cornwell o 1050 N: 09113104 Complete Ex\. Jason 10/28104 11I04I04 11/19104 NlA 11I30I04 12/02104 12I09I04 X1 Admin. Boones Feny 03114105 Rd. 10128J011 Annex 9.62 J:c~ acres & zone change to Incomplete LOS Church cons1JUct 10I04I04 Naomi 02, DR 04 25,000 sf 11/09/04 1. church at 2O.c5 MoIaIIa Ad. PLA 04-0lI SAGE SO, Adjust property Incomplete Inc. line at Cooley 10/06104 11I04I04 Naomi Ad. Este188 Change Comp: CPA 04- Plan & zoning 02,ZCQ4. Wallace & conditional Incomplete 03,CU04 use approval ta 10l25I04 Naomi 10, PLA Uen allow new car 11/19104 Q4.08 sales at 300 S. Woodland Ave. PLANNING PROJECT TRACKING SHEET ~ ~ PAGE 2 Malt Mail Project Dale Deemed 120-Day Facilities Notice lor Notice 10 Post PC Final 0n:Ier PC Final NolicefO< NotIce to Post CC CCOrd Applicant DescriDtion Received Comolete Date Plemer Referrals Meetina PC PlUl&r Property Stl RpI Due Hearinll Due Order CC paoen; Stl Rct Due Heariflll Ord. Due Adoptiol 104 sf addition 10 Colonial Complele DR 04-20 Dale Peder Gardens at 10125104 03115105 Jason 11/15104 12/06/04 1890 Newberg 11/15104 Hwy. Change zoning Boones from RS to RM Complete ZC 04-0t Ferry Place at 2325 N. 11105/04 04101105 Naomi N1A N1A 12m/lI! 12m/lI! ~ ~ mL1D LLC Boones Ferry 12/02104 Rd. Construct.. DR 04-21, City of public plaza at VAR 04- Woodburn NE comer 01 11I05I04 11/16104 0311 &04 Jason 11/1&105 11/19104 N1A 11I30I04 12/02/04 12JOl1104 211 Garfield & 1 st .. 51. 0\ Construct DR 04-22, Kirlan 4,012 sf otfIce VAR 04- Enterprises bIdg at NE 11/22104 Jason comer 01 W. 30 LLC HayeslHarwrd Dr. M37 04- Dalbert Measure 37 05/31105 01 Gottsacker cIalm at 510 N. 12/02104 (180 days) Jim Pacific Hwy. ModIfy Links a\ PUD04- RenIissanc8 Tukwlla PUD 08, VAR Devalcpment Phases IV ... V 12107104 Naomi 04-32 to allow 15' rea yard setback. Modify Unks at PUD 04- Renaissanc:e Tukwlla PUD f17, VAR Oe\/eIopmBnt Phase III to 12107104 Naomi 04-31 allow 15' rear yard setback. PLANNING PROJECT TRACKING SHEET '4 ... PAGE 3 LONG RANGE PROJECTS Mall ~ I~.D~I - ""'''1 '.....0 \,.....\- No\IC8 \0 Post Stf RpI PC Final PC Final INotIce tor\ NotIce \0 Post CC CC Old. _ Applicant Received I Compl~19 Dale Planner Refenals Meeting PC P~ P~ Due Hearing IOrder D~I Order CC ;1 ProoerlY IStf RpI Duel Hearing AdoplIon u.... ReMweI John/Jim prog..... T...wpar- - - oompIele. Public SystMI8 ~nga ore to p.., UpdMI run~ Jim with periodic review Jim Periodic Review PeriodIc FlevilIW Task la8ka 818_ Complelion oompIele. i:\Community DevelopmentlPlanning\Oth9l\Pl8nlllng Case Log etGE 4 ~ -; Aquatic Center FY Woodburn Memorial 2004 Dee 2003 $3,03460 $4,507.50 ""193i:95 $1,320.00 $308.64 $Di33.44 c De 2004 --so.oo $3,814.74 $80:00 $4.8sIT5 $1,308.75 $275.08 $1,087.36 ov N Nov 2003 ---so.oo $5,909.85 $875.50 $1,888.38 $1,560.68 $403.i5 $1,646.82 Oct 2004 -SO.OO $2,393.59 $355.50 $3,042.23 $1,470.98 $214.55 $725.80 Oct 2003 -so 00 $1.853.94 $195.00 $4,269.75 $275.00 $96.25 S609.TI Sept 2004 $0.00 $6,21 \.30 $1,492.50 $3,104.10 ""$845.00 $645.iO $1,810.30 FY'2004-05 Sept 2003 $279.00 $4,207.20 $934.00 $3,i09.i7 ---so:oo $364.80 $I.3i8.75 Aug 2004 $0.00 $6,078.72 $1,357.00 $5,Ti4.Oi $652.50 $489.15 $2,555.33 '2003-04 V.S. Aug 2003 $355.00 $6,5t6.25 $747.50 $6,ii08.i5 $320.00 $5t9.3O $2,839.27 July 2004 --so. 00 $9,454.81 $2,063.50 S8,246.5i """W5.OO $736.95 $3,696.81 Revenue Comparison July 2003 SO.OO $8,09553 $2,061.97 $9,240.29 $765.22 ~ $3,581.84 Special Events Admissions Memberships Lessons Rentals Resale Concessions 000 43 -1 14313 4,071 $2.74 1,421.08 4,401 -864.00 -0.07 $2.60 2,285.08 4,421 8,202.65 2,983 903.58 0.12 $2.75 7,299.07 3,998 $1.83 14,109.00 3,799 3,896.08 0.38 $371 10,212.92 4,187 $2.44 6,246.71 6,729 ,058.76 -0.06 $2.4 7,305.47 5,838 24,673.65 7,920 37382 0.02 $3.12 24,299.83 8,253 TOTAL Attendance $ Difference % Difference Dollar A vg #D1V/OI Jan 2004 Jan 2005 Feb 2004 Feb 2005 Mar 2004 Mar 2005 April 2004 Apnl 2UU~ May "UV'I lYlay .vV.J ""--._-~- . $0.00 $0.00 $79.19 $885.00 $369.55 $841.14 $3586.78 $6,185.95 $7,042.50 $5,557.50 $5,46809 $9,104.55 $10743.75 $7,32250 $3,116.30 $862.25 $923.50 $2,136.25 $1,482.74 $5,646.10 $6214.14 $4 602.13 $4 75401 $8029.12 $475.00 $1,401.05 $712.50 $683.00 $1,844.45 $700.00 $164.65 $327.85 $349.78 $259.00 $308.26 $597.16 $831.1 0 $1,490.50 $1,85159 $1,646.81 $1,671.47 $3,77282 7,284.02 4,560 2005 25,181.04 000 -25,181.04 -1.00 #D1V/O' #D1V/O! $2.78 22,373.95 0.00 19,366.00 0.00 14,495.69 0.00 15,339.33 0.00 5,178 5,644 5,398 4,038 4038 -22,373.95 -19,366.00 -14,495.69 -15,339.33 -1.00 -1.00 -1.00 -1.00 4.32 #D1V/O' 3.43 #DN/O! 2.69 #D1V/O! 3.80 0.00 $2.96 Estimates 223,0001 $74,653.08 0.33 Revenue Budget 2004- 200s Dollars to date % Collected year to date . ...... ." ..,-..- --....----- Total Revenue 2003-2004 71 ,402.08 Total Revenue 2004-2005 74,653.09 Difference 3,251.01 Percent Cbllnl!e 0.05 Year To Date Attendance 2003 2004 - 2,809 0 -2,808.88 66,563 27,953 -38,609.58 34,426 5,349 -29 077. 52 56,183 24,362 -31,820.86 10,057 4,752 -5,304.67 4,255 2,362 -1,892.99 22,294 9,876 -12,417.94 Difference 0.00 -.7,284.02 -1.00 #DlV/O! 2004- 2005 TOTAL Attendance $ Difference % Difference Dollar Avg 3.79 Year to date by account 2003- $294 Special Events Admissions Memberships Lessons Rentals Resale Concessions CI) (Xl 2004 \0 ~ 26,697 25,823 2004 200s $71,402,08 $74,653.09 $3,251.01 $196,585.53 -$121,932,44 Special events Admissions Memberships Lessons Rentals Resale Concessions Year to date total 12 month total ~ ""! i ' ", ~~'1\6"~ ~ WOQJ2.!tVRN /"~~r,'~'nl:ii 1SS9 ~ ~12A . . December 6, 2004 TO: Mayor and City Council through City Administrator FROM: Mary Tennant, City Recorder ~ SUBJECT: Minimum Wage Increase RECOMMENDATION: Council adopt the accompanying Council Bill which provides for an increase in the hourly rate to meet minimum wage law requirements plus pay range/step adjustments for related positions to maintain equity compensation between classifications. BACKGROUND: Under the current State minimum wage law, the Bureau of Labor & Industries Commissioner calculates the Cost of Living Adjustment (COLA) in September with hourly rate increases, if any, to be implemented on January 1 sf of the following year. As a result of the Commissioner's 2004 calculation, the minimum wage will increase from $7.05 per hour to $7.25 per hour based on an inflation rate of 2.75% effective January 1,2005. DISCUSSION: The City has an hourly rate schedule for Park and Recreation employees (Exhibit A) with the first pay range level beginning with the minimum wage hourly rate followed by 5% adjustments between steps. Under the City's Personnel Policy manual, part-time employees are eligible for merit increases following the completion of 1040 hours within each step. The majority of our part-time employees work less than 20 hours per week therefore it takes them one year or longer before they are eligible for a merit increase. This schedule also provides for 5% increases between pay range levels to compensate employees who have greater responsibilities and/or lead worker responsibilities over other employees. Agenda Item Review: City Administra City Attorney 'l Finane 39 .'1r. ." '..~<. .,. Mayor and City Council December 6, 2004 Page 2 . . On September 27, 2004, the City Council adopted Resolution 1766 increasing the hourly rates for Part-time and limited Term positions. excluding recreation program employees, except for the positions of library Page, Clerical Aide. and Park Maintenance Aide (Exhibit B: Range PT -1.0). These part-time positions remained at the minimum wage level since they are considered entry level positions. The proposed Council Bill will increase the hourly rate for these positions in order to meet minimum wage law requirements, however, all other positions on this schedule will remain at the same rate of pay that was adopted under Resolution 1766. FINANCIAL IMPACT: The total estimated financial impact for fiscal year 2005-04 is $6,122 ($5,373 in wages and $749 in benefits) whereas annually, based on current year budget projections of part-time hours, the financial impact is estimated at $12,325 ($10,831 in wages and $1,494 in benefits). 40 ''II!'''' y< '.'... .", COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION ESTABLISHING THE COMPENSATION SCHEDULE FOR CERT AIN HOURLY AND SEASONAL EMPLOYEES. WHEREAS, the City Council is obligated per Section 11 of the Woodburn City Charter to establish compensation for each City officer and employee; and WHEREAS, the minimum wage paid to employees effective January 1 of each year is established by the State of Oregon; and WHEREAS, the City Council recognizes the need to adopt a hourly rate schedule to maintain compliance with State law and maintain proper equity compensation between classifications; now, therefore, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The hourly rate schedule for Park & Recreation Program part-time / seasonal employees (Exhibit A), and the hourly rate schedule for Part-Time and Limited Term / Temporary employees (Exhibit B) is hereby adopted effective January 1, 2005, a copy of the exhibits are attached for reference. APprovedastoForm:"-n-<r'e-~ ~ ?. 0 9 Lf- City Attorney APPROVED Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the office of the Recorder ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page I - COUNCIL BILL NO. RESOLUTION NO. 41 'If' T "'.'" ,.. Exhibit "A" PARK & RECREATION PROGRAM PART-TIME / SEASONAL EMPLOYEES Effective January 1,2005 CLASSIFICATION STEP A STEP B STEP C STEP D STEP E PS-l Cashier 7.25 7.61 7.99 8.39 8.81 Lifeguard Recreation Aide Office Assistant Water Safety Instructor Aide PS-2 Head Lifeguard 7.61 7.99 8.39 8.81 9.25 Recreation Leader Fitness Instructor PS-3 Aquatics Center Clerk Water Safety Instructor Recreation Assistant 7.99 8.39 8.81 9.25 9.71 PS-4 Recreation Program Mgr. 8.39 8.81 9.25 9.71 10.20 PS-5 8.81 9.25 9.71 10.20 10.71 Special Recreation Pgrm Mgr PS-6 9.25 9.71 10.20 10.71 11.25 Special Projects Manager Aquatics Prgm Mgr Lifeguard Supervisor 42 ."" T .",.., ;'1'" Exhibit "8" HOURLY RATES FOR PART-TIME AND LIMITED TERM / TEMPORARY EMPLOYEES EFFECTIVE JANUARY 1, 2005 RANGE STEP A STEP 8 STEP C STEP D STEP E PT - 1.0 LIBRARY PAGE 7.25 7.61 7.99 8.39 8.81 CLERICAL AIDE PARK MAINT. AIDE PT - 4.0 PARK MAINT. WORKER 7.80 8.19 8.60 9.03 9.48 PT - 7.0 CLERK I 9.45 9.92 10.42 10.94 11.48 PT - 7.5 CUSTODIAN 9.68 10.17 10.67 11.21 11.77 PT - 8.0 LIBRARY ASSISTANT 9.92 10.42 10.94 11 .48 12.05 PT - 8.5 CLERK II 10.17 10.67 11.21 11.77 12.36 PT - 9.0 10.42 10.94 11.48 12.05 12.65 PT - 9.5 MUNICIPAL COURT CLERK 10.67 11.21 11.77 12.36 12.98 PT - 10.0 RSVP ASSISTANT 10.94 11 .48 12.05 12.65 13.28 PT - 10.5 CLERK III 11.21 11.77 12.36 12.98 13.63 PT - 11.0 BUS DRIVER 11.48 12.05 12.65 13.28 13.94 PT - 11.5 11.77 12.36 12.98 13.63 14.31 PT - 12.0 ADMN. SECRETARY 12.05 12.65 13.28 13.94 14.64 PT - 12.5 12.36 12.98 13.63 14.31 15.03 PT - 13.0 EVIDENCE TECH. 12.65 13.28 13.94 14.64 15.37 WWTP LAB HELPER PT-13.5 LIBRARIAN 12.98 13.63 14.31 15.03 15.78 PLANNING TECH. PT - 14.0 UTILITY WKR I 13.28 13.94 14.64 15.37 16.14 PERMIT SPECIALIST PT - 14.5 13.63 14.31 15.03 15.78 16.57 PT - 15.0 ENGINEERING TECH II 13.94 14.64 15.37 16.14 16.95 DRAFTSMAN PT - 15.5 WWTP OPERA TOR I 14.31 15.03 15.78 16.57 17 .40 CODE ENFRC OFFICER 43 '....' T' ".,.... .,.. ~4 WQQT2BU~N J " ( () r I' \' , a 1 (.I I l'l S " ~ ~12B . . December 8, 2004 FROM: Mayor and City Council through City Administrator Ben Gillespie, Finance Direct~ Budget Transfer TO: SUBJECT: RECOMMENDA liON: Council approve the attached budget transfer resolution. BACKGROUND: Replacement of PC's was budgeted as Capital Outlay, but individual PC's now cost less than the Capital Outlay threshold, $1,000. To provide for the replacement of PC's $12,000 should be transferred from Capital Outlay to Supplies in the IS Fund. A full time position in the Public Works Parks Maintenance Section has been vacant all year pending the result of a Workers' Comp claim. In the meantime, the work is being accomplished by temporary employees hired through a temp agency. To provide for the change, $45,000 should be transferred from Labor to Services. DISCUSSION: The Workers' Comp claim mayor may not be settled soon. Until the issue is resolved, the services of temporary workers will be needed to meet the workload. FINANCIAL IMPACT: There is no net change on either the IS Fund or the General Fund budgets. Agenda Item Review: City Administrator City Attorney A.... Finance 44 '-" .... '..... .,.. COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION AUTHORIZING THE TRANSFER OF APPROPRIATIONS WITHIN A FUND DURING FISCAL YEAR 2004-05. WHEREAS, Oregon Revised Statutes 294.450 allows the transfer of appropriations within a fund after the budget has been approved and during the year in which appropriations are made, now, therefore, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the following budgetary transfer of appropriations within each fund listed below is hereby authorized to meet estimated operational expenditures during fiscal year 2004-05: GENERAL FUND: Transfer From: Parks Maintenance Personnel Services: Personnel (001.631.7611.5111) Social Security (001.631.7611.5212) Medical (001.631.7611.5213) Retirement (001.631.7611.5214) Transfer To: Parks Maintenance Materials & Services: Parks Maint. - Services (001.631.7611.5419) INFORMATION SYSTEMS FUND: Transfer From: Capital Outlay: Other Equipment (568.151.1921.5649) Transfer To: Materials & Services: Computer Supplies (568.151.1921.5315) Approved as to Form~~ ~ City Attorney $ (32,000) ( 2,800) ( 4,400) ( 5,800) $ 45,000 $ (12,000) $ 12,000 12-(0- 200+ Date APPROVED KATHRYN FIGLEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. 45 '.... > ..~ ".'''"' .,. BUDGET REVISION December 2004 Description Account Expenditures Revenue GENERAL FUND Contingencies 001 901 9971 5921 (4,800) Software 001 181 1811 5446 4,800 Court software support Parks Maint-Personnel 001 631 7611 5111 (32,000) Parks Maint-SS 001 631 7611 5212 (2,800) Parks Maint-Medical 001 631 7611 5213 (4,400) Parks Maint-Retirement 001 631 7611 5214 (5,800) Parits Malnt-Services 001 631 7611 5419 45,000 IS FUND Finance-Capital Outlay 568 151 1921 5649 (12,000) Finance-Supplies 568 151 1921 5315 12,000 County striping contract Grand Total 0 0 46 'T' T ''''II'' .,.. ~~d: ~~ WQ.Q:Q!!'QI~N 11,'~r,'~ral(.f (HS~ ~ ~12C . . December 8, 2004 TO: Mayor and City Council through City Administrator FROM: Ben Gillespie, Finance Direc~ SUBJECT: Contingency Transfer RECOMMENDATiON: Council approve the attached Contingency transfer resolution, BACKGROUND: The Municipal Court software was updated in 2003-04; the cost was included in that year's budget as an Additional Funds Request. Maintenance of the software was overlooked in preparing this year's budget. The cost of annual maintenance and support is $4,800. DISCUSSION: Multi-user software is budgeted in the IS Fund and the cost is distributed to users by inter fund transfers. Single user software is charged directly to the user. In this case Court Services should be increased by $4,800 and General Fund Contingency should be decreased a like amount. FINANCIAL IMPACT: General Fund Contingency will be reduced to $807,463. Agenda Item Review: City Administrato City Attorney L Finance 47 'W" .... ''1'1*'"- .,... COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION AUTHORIZING THE TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL YEAR 2004-05. WHEREAS, Oregon Revised Statutes 294.450 allows for the transfer of operating contingency appropriations within a fund to an existing appropriations category within the same fund during the year in which appropriations are made, and WHEREAS, a transfer of General Fund operating contingency appropriations is necessary to pay for computer software license fees for Municipal Court, now, therefore, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That authorization is hereby given to transfer the following operating contingency appropriations: GENERAL FUND: Transfer From: Operating Contingency (001-000-921.000) Transfer To: Municipal C01ll1-Materials and Services Software Licenses (001-181-1811-5466) $ 4,800 $ 4,800 Approved as to Form~ ,~ ~ City Attorney } Z~ I 0 .- 2 11 1 + Date APPROVED KATHRYN FIGLEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. 48 ''I!lIr" T' '..... .," ~4 WQ.QDBURN /" (.J r J'.' , 11 I (.J , x Sol ~ ~12D . . December 7, 2004 TO: FROM: Mayor and City Council through City Administrator Ben Gillespie, Finance Director ~ Police Bonds-Reimbursement and Validation Resolution SUBJECT: RECOMMENDATION: Council approve the attached resolution. BACKGROUND: This resolution accomplishes two things: It allows the City to reimburse itself for costs incurred prior to the issuance of bonds. The IRS code requires such a resolution in order for tax-exempt bonds to be used to pay for expenditures made before the bonds were issued. It provides for validation of equipment purchases by publication of a list of equipment to be financed by the bonds. This procedure is made available under Oregon State law. The reimbursement provision was incorporated in the IRS code to stop abuses. Some jurisdictions had been using bond proceeds to "reimburse" themselves for capital improvements made years or decades earlier. In effect they were issuing bonds to pay for current operations, which are not tax-exempt purposes. Congress closed this loophole by limiting tax-exempt purchases to a period no earlier than 60 days before a reimbursement resolution is adopted. The Oregon Constitution limits the use of general obligation bond proceeds. Constitutional language that originated in Measure 5 states that general obligation (GO) bond proceeds can only be used for "capital construction and improvements," and Measure 50 placed additional limits on the use of GO bond proceeds. However, there is still some ambiguity about what equipment is included in capital construction and Improvements. Oregon law allows a Agenda Item Review: City Administrat ~ City Attorney Finane 49 .. '.. oy' .'*"' .'!'" Mayor and City Council December 7, 2004 Page 2 . . government that is issuing bonds to publish a notice describing its proposed equipment expenditures of GO bond proceeds. If those expenditures are not challenged within 60 days, citizens cannot subsequently protest that the purchases do not constitute capital construction and improvements. This process is called validation. DISCUSSION: The reimbursement language of the resolution will allow design work to begin immediately. By expressly providing for reimbursement, the Council allows costs incurred prior to delivery of the bonds to be paid from bond proceeds rather than from operating revenue. A validation resolution is not required, but it clarifies for both the citizens and the City what equipment can be purchased from bond monies. It identifies any issues early in the process, so there will be no surprises later on. FINANCIAL IMP ACT: Without the reimbursement language, the City would be forced to either delay any further work on the project until bonds are delivered or pay the initial costs from operating revenue. The validation language avoids a citizen challenge later in the process concerning what equipment can be bought with bond proceeds. It is not required by statute, but it eliminates some uncertainty. 50 ''IIr' T' -,.. COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION DECLARING THE CITY'S INTENT TO REIMBURSE EXPENDITURES WITH THE PROCEEDS OF A FUTURE ISSUE OF GENERAL OBLIGATION BONDS AND SPECIFYING AUTHORIZED USES OF GENERAL OBLIGATION BOND PROCEEDS. THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The City of Woodburn, Oregon (the "City") expects to make expenditures from its available funds to pay for the costs of constructing, equipping, and furnishing a City Police Facility; construct parking facilities; retire debt related to purchasing property for this facility; construct related improvements and pay all costs incidental thereto (the "Project"). Section 2. The City reasonably expects to issue general obligation bonds approved by the voters at the November 2,2004 general election (the "Bonds") and to use the proceeds of the Bonds to reimburse the City for the expenditures it makes from its available funds for the Project. Section 3. To permit interest on the Bonds to be excludable from gross income, the Internal Revenue Code of the United States requires that the City declare its intent to reimburse itself from Bond proceeds within 60 days after the expenditures are made and the City so declares. Section 4. The City expects that the principal amount of the Bonds will not exceed $7,066,000. Section 5. The City hereby adopts this Resolution specifying the authorized uses of Bond proceeds and authorizing the publication of a Notice of Adoption of Resolution Specifying Uses of Bond Proceeds. Such authorized uses are specified in the tables attached hereto as Exhibit B attached hereto. Pursuant to ORS 305.583(9)(d)(B), any challenge to the use of Bond proceeds must be filed within sixty (60) days after the date of this Resolution. The City Recorder is hereby authorized and directed to cause to be published a notice in a newspaper of general circulation in Marion County, Oregon of the City's adoption of this Resolution and specification of authorized uses of Bond proceeds in substantially the form of the notice as shown on Exhibit A attached hereto, within 15 days after passage of this Resolution and which meets the requirements of ORS 305.583(9}. Page 1 - Council Bill No. Resolution No. 51 ."".. '" '..... -,.. Approved as to form:Cf1.cyvq- ~ City Attorney J 2.- (0 - Z \) v 't Date Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder A nEST: Mary Tennant City Recorder City of Woodburn, Oregon Page 2 - Council Bill No. Resolution No. 52 .. 'W" 'r '..... 'I'" EXHIBIT A NOTICE OF ADOPTION OF RESOLUTION SPECIFYING USES OF BOND PROCEEDS The City of Woodburn, Marion County, Oregon (the "City") hereby gives notice that on December _' 2004 the City Council adopted its Resolution No. (the "Resolution") which specified, pursuant to ORS 305.583(8)(bJ, the authorized uses of the proceeds of the City's general obligation bonds that were approved by the voters of the City on November 2, 2004. A complete copy of the Resolution may be obtained by contacting Mary Tennant. City Recorder, 270 Montgomery Street. Woodburn, Oregon, 97071, telephone (503) 982-5210. A judicial review of the City's use of bond proceeds may be sought within 60 days of the date of the Resolution pursuant to ORS 305.583. This notice is published pursuant to ORS 305.583(8)(b). CITY OF WOODBURN MARION COUNTY, OREGON Mary Tennant, City Recorder Published: ,2004 [This notice is to be published in the general news section (not in the classified advertisements) of a newspaper of general circulation in Marion County, within 15 days of the adoption of the Resolution. The notice shall measure at least three inches square and be printed in a type size at least equal to 8-point type.] Page 3 - Council Bill No. Resolution No. 53 ''IIr' T' '..".. .,.. Exhibit B GO Bond proceeds will be used to pay the costs of capital construction and capital improvements related to the construction of a City Police Facility, including costs of the following nature: ~ Professional services related to design, architectural, engineering, arborist, legal, traffic analysis and project management ~ Retiring of debt related to purchasing property for the City Police Facility ~ Site improvements ~ Off-site improvements ~ Construction of associated parking facilities. Proceeds will also be used to pay for the costs of furnishings acquired in connection with the construction of the City Police Facility and supplies and equipment intrinsic to the City Police Facility. Such furnishings, supplies and equipment include the following: Systems Furniture & Fixtures White Boards Projection Screens Built in Shelving & Book Cases Chairs Built in Tables Tack Boards Heavy Duty Shelving Rolling Storage Systems Built in Appliances Internal Security, Surveillance, and Access Systems Locker Types: Gun, Evidence, Personal, Duty Bag Evidence Storage Cages Gun Racks Emergency Power System Powered Air Dueting Systems Video Monitor/Camera Mounting Systems Floor coverings Wall coverings Specialty Counter Materials Phone & Data Wiring Systems Bathroom Fixtures Penalware Bathroom Fixtures Emergency Showers & Eyewashes Drinking Fountains Bullet Traps Internal Sound Distribution System Staff Safety Alarms Cell Beds Failsafe Locking Systems Supplemental Air Handling Systems Evidence Racking Systems Mounted Cabinets & Casework The City will also use GO Bond proceeds to pay costs incidental to the GO Bond issuance. Page 4 - Council Bill No. Resolution No. 54 .. .". . T" '..... .,.. ~. WQQT2BURN I" ( ,J , I' ~. r II , r.l ,!l S 01 ~~12E . . December 7,2004 TO: Mayor and City Council through City Administrator FROM: Ben Gillespie. Finance Director,j};n SUBJECT: Police Bonds-Inter-fund Loan RECOMMENDATION: Council approve the attached resolution authorizing a loan (not to exceed $500,000) from the Transportation Impact Fee Fund to the Police Facilities Construction Fund for a period not to exceed one year. BACKGROUND: When bonds are used to finance capital projects, generally some costs are incurred before the bond proceeds are available. The usual means of providing interim financing is to issue bond anticipation notes (BANS). These short-term securities bear interest at a lower rate than the bonds carry, and they are paid off with bond proceeds. In the case of the Police bonds, the interim period is short, and the City Transportation Impact Fee Fund has sufficient cash to meet the project's needs. These conditions offer the opportunity of providing the interim financing internally rather than using BANS. DISCUSSION: In order to take advantage of the 2005 construction season, the design must be completed this spring. That means beginning the design phase now, rather than waiting until the bonds are sold in March. To postpone design work until the bonds are sold would delay construction until 2006. The inter-fund loan is essential to beginning construction in 2005. There are several advantages to the City of borrowing internally. The interest rate can be set at a level that is both lower than the borrowing fund could get on the open market, and higher than the lending fund could get on market Agenda Item Review: City Administrat City Attorney N~ ..\ Finane 55 '",," T '.,.... .", Mayor and City Council December 7, 2004 Page 2 . . investments. Although the costs of issuing BANS are substantially less than the costs of selling bonds, there are still some costs associated with the transaction. Those can be avoided by borrowing internally. The proposed rate on the loan is 2.25%. As noted above this is above the rate the City is earning on its investments, but below the rate at which the City could borrow on the open market. Both funds benefit from an inter-fund loan. The period of the loan will not exceed one year. Bond proceeds will be deposited in the City's account at delivery, which is anticipated to be on or about March 9, 2005. The loan, including interest, will be paid off at that time. FINANCIAL IMP ACT: Assuming that the rate on BANS would be 2.5%, the project will save $6,812 by using the inter-fund loan: Marginal interest Bank costs Bond Counsel Financial advisor Total savings $ 312 1,000 4,000 1.500 $6,812 In addition, the TIF Fund will earn $287 more than it would in the State Pool. These figures are based on borrowing the entire $500,000. Only what is needed will be borrowed. 56 . '-" ... '...... .,. COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION AUTHORIZING AN INTER-FUND LOAN FROM THE TRAFFIC IMPACT FEE FUND TO THE POLICE FACILITIES CONSTRUCTION FUND. WHEREAS, the City Council desires to provide interim financing for the design and construction of a Police Facility; and WHEREAS, the interim financing will be repaid from bond proceeds before the end of fiscal year 2005; and WHEREAS, a loan from the Traffic Impact Fee Fund to the Police Facilities Construction Fund will provide the necessary funds; and WHEREAS, Oregon Revised Statute 294.460 authorizes inter-fund loans for capital purchases provided that the loan is repaid in full within five years of the date on which the loan is made. NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That an amount not to exceed $500,000 of Traffic Impact Fee Fund (TIF) monies shall be loaned to the Police Facilities Construction Fund. Section 2. That the City Council finds that the loan authorized by this resolution is necessary to provide interim financing for the design and construction of the Police Facility . Section 3. That said loan shall bear interest at an annual rate of 2.25%. Section 4. That the term of the loan shall not exceed one year. Approved as to form: ry)~ ~ City Attorney J1 ~ IOr-2vO-'t Date Approved: Kathryn Figley. Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant City Recorder City of Woodburn, Oregon Page 1 - Council Bill No. Resolution No. 57 '_' 'W" "III.... r "\ r ~r\ ,." ~ .'rrr . 2--~ WQQDBl)RN J " ,. '" r /'.' r;l I .:" I ,'4 S 1/ ~~12F . . December 10, 2004 TO: Mayor and City Council through City Administrator FROM: Scott Russell, Chief of Police SUBJECT: Appointment of Group MacKenzie as a Consultant for Woodburn Police Facility and Authorization for Agreement RECOMMENDATION: Adopt the attached resolution appointing Group MacKenzie Engineering, Inc. as a consultant to provide architectural services for the Woodburn Police Facility and authorizing the City Administrator to execute an agreement with them in an amount not to exceed $410,000. BACKGROUND: In November of 2003 the City entered into a contract with Group MacKenzie for design and technical services related to the pre-design and programming for a new police facility. This project resulted in the final pre-design project and project proposal that was presented to City Council and ultimately approved by the voters as a bond measure. The City is now in need of proceeding with the next phase of the project, which includes the final design and programming of the facility, and preparation of the construction and bid documents. Staff recommends that the project be continued by the appointment of Group MacKenzie and that an additional contract be executed to continue the work of that firm. DISCUSSION: Staff believes that this is in the best interest of the City of Woodburn because: · During the initial Request For Proposals (RFP) process nearly thirty (30) firms were contacted regarding the opening of the project. Sixteen (16) firms requested copies of the RFP, and seven (7) firms submitted proposals. · The seven (7) firms submitting proposals comprise the leading local firms involved in Law Enforcement Facilit Design. Agenda Item Review: City Administrat City Attorney I\I~ Finane 58 '",," r ... ....... .". Mayor and City Council December 10, 2004 Page 2 . . . Any additional RFP's created by the City would, most likely, activate the identical candidate firms and the ensuing review process would come to the same result at the expense of time and resources. . The previous RFP process was thorough, fair, and exhaustive. It did not select the lowest possible bidder, but the firm most suited to the City's needs. . The current consultant has fulfilled the current Contract requirements satisfactorily. on time, and on budget. . The current consultant possesses a large amount of base knowledge regarding the project that are not easily transferred into the project deliverables and that have an inherent value to the project. . The current consultant has a vested interest in delivering the final design project within the parameters and budget set in the pre-design portion of the project. Other firms would not necessarily be similarly motivated. . The current consultant has a track record of delivering quality law enforcement facility projects on time and on budget. . The current consultant has a good working relationship with project stakeholders. . The current consultant is available to begin work on the project right away and is able to schedule the project in to their work schedule. Based upon these factors staff believes that entering into the contract with Group MacKenzie is in the best interest of the City and the project. Staff would like to finalize the contract in late December or early January in order to stay on track to begin work during the 2005 building season. Due to these needs and the potential for only one City Council meeting in December 2004 staff recommends authorizing the City Administrator to negotiate and execute said contract. A copy of the executed contract will then be provided as an informational item at an upcoming Council Meeting. FINANCIAL IMPACT: Estimates for architectural services related to the Police Facility design are approximately $410,000.00 and are an allowable use of bond proceeds. 59 '",,"' , T ,..!W> .,.. COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION APPOINTING GROUP MACKENZIE ENGINEERING, INC. AS A CONSULTANT TO PROVIDE ARCHITECTURAL SERVICES FOR THE WOODBURN POLICE FACILITY AND AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE AN AGREEMENT WITH SAID CONSULTANT IN AN AMOUNT NOT TO EXCEED $410,000. WHEREAS, in November 2003, the City entered into an agreement with Group MacKenzie Engineering, Inc. to provide consulting services for the proposed new Woodburn Police Facility; and WHEREAS, the Woodburn voters at the November 2, 2004 general election approved the construction of a new Woodburn Police Facility: NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The City Council, acting as the local contract review board, makes the following findings: A. The work to be performed by this consultant has been substantially described and previously studied and rendered in an earlier contract with the consultant. (1) The earlier contract was awarded under d competitive Request for Proposals ("RFP") process pursuant to OAR Chapter 137, Division 35. (2) During the initial RFP process nearly 30 firms were contacted regarding the opening of the project. Sixteen firms requested copies of the RFP and seven firms submitted proposals. (3) The seven firms that submitted proposals comprise the leading local firms involved in law enforcement facility design. (4) The previous RFP process was thorough, fair, and exhaustive. It did not select the consultant based upon the lowest price offered, but based the choice on the firm most suited to the City's needs. (5) Additional RFPs would probably result in submittals by the same firms and the ensuing review process would come to the same result at the expense of substantial public time and resources. B. The earlier contract was awarded to the consultant pursuant to rules adopted pursuant to ORS 279.049. Page 1 - Council Bill No. Resolution No. 60 '"," T '..... ..,... ( 1 ) The City went through a formal selection process under OAR 137-035-0060 to initially select the consultant. (2) Under ORS 279.049, the City, having no local rules, is subject to the administrative rules of the state. (3) The state's administrative rules were adopted under the authority of ORS 279.049. C. The new contract to be awarded to the consultant is a continuation of the original project. ( 1 ) The original project involved the design of the Police Facility . (2) The next phase of the project involves the final design and programming of the facility and preparation of the construction and bid documents. Section 2. Based upon the findings contained in Section 1, the City appoints Group MacKenzie Engineering, Inc. as a consultant to provide architectural services for the Woodburn Police facility. Section 3. Based upon the findings contained in Section 1, the City Administrator is authorized to execute an agreement with Group MacKenzie Engineering, Inc. in an amount not to exceed $410,000. Approved as to form: 7};rvcr- ~ City Attorney /2-/1)- 200if Date Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant City Recorder City of Woodburn, Oregon Page 2 - Council Bill No. Resolution No. 61 '!r T' '"..". ~. ...~..~\.". ~ WOODBURN I"corporat,d 1889 12G ~#Ienv . . December 2, 2004 TO: Honorable Mayor and City Council through City Administrator FROM: Randy Scott, Senior Engineering Technician, thorough the Public~ Works Director ~ SUBJECT: Wireline Crossing Agreement with Union Pacific Railroad RECOMMENDATION: Authorize the City Administrator to execute a wireline crossing agreement with Union Pacific Railroad. BACKGROUND: South Front Street from Cleveland to Settlemier is identified in the Capital Improvement Program for a major street upgrade this fiscal year. A part of this upgrade is to place underground the existing overhead utilities. Staff has been working with Portland General Electric (PGE) on design of their facility. In order to remove all of the existing overhead facilities near the intersection of Settlemier and South Front, the existing overhead power line crossing Union Pacific Railroad to Ogle Street will need to be placed underground. The existing overhead crossing is near the intersection of South Front and Settlemier, the proposed location of the underground crossing will be in the same proximity. The utility undergrounding construction activities are planned for spring of 2005 and the pavement reconstruction will take place in the summer of 2005. Each franchised utility company has been provided with preliminary plans so that they can perform their work ahead of major construction work by city contractor. DISCUSSION: In accordance with the franchise agreement with PGE, the city, in requiring the facility to be relocated needs to provide a suitable location sufficient to maintain service, this agreement with Union Pacific Railroad is required to relocate the crossing underground and maintain service. The wireline agreement has been provided to legal counsel for review. Advertisement for the undergrounding portion of the project is scheduled to be let within the next couple months. Agenda Item Review: City Administrat City Attorney ---.0 Finance 62 'y' T '..- .'1'" Honorable Mayor and City Council December 2, 2004 Page 2 . . FINANCIAL IMPACT: The recommended action results in cost to the city of $2,150.00 for the license fee to Union Pacific. This will be part of the undergrounding project of South Front Street budgeted under Street Capifallmprovement Fund. Attachments: Attachment "A", Wireline Crossing Agreement 63 . '...." WLX.DOC 940204 Form Approved, A VP-Law Folder No. 02286-29 WIRELINE CROSSING AGREEMENT Mile Post: 734.55, Brooklyn Subdivision/Branch Location: Woodburn, Marion County, Oregon TillS AGREEMENT is made and entered into as of November 24, 2004, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, (hereinafter the "Licensor") and CITY OF WOODBURN, an Oregon municipal corporation to be addressed at 190 Garfield Street, , Woodburn, Oregon 9707 I (hereinafter the "Licensee"). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article I. LICENSE FEE Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time License Fee of Two Thousand One Hundred Fifty Dollars ($2,150.00). Article II. LICENSOR GRANTS RIGHT. In consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to maintain and operate one 12.47 kV wireline crossing only (hereinafter the "Wireline") in the location shown and in conformity with the dimensions and specifications indicated on the attached print dated November 23, 2004, marked Exhibit "A". Under no circumstances shall Licensee modify the use of the Wireline for a purpose other than the above- mentioned, and said Wireline shall not be used for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement. Article III. CONSTRUCTION, MAINTENANCE AND OPERATION. The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B, hereto attached. Article IV. IF WORK IS TO BE PERFORMED BY CONTRACTOR. If a contractor is to do any of the work performed on the Wireline (including initial construction and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its contractor to execute the Licensor's form Contractor's Right of Entry Agreement. Licensee acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and understands its terms, provisions, and requirements, and will inform its contractor of the need to execute the Agreement. Under no 64 "nr' T' ,.. circumstances will Licensee's contractor be allowed onto Licensor's premises without first executing the Contractor's Ril!ht ofEntrv Agreement. Article V. INSURANCE A. The Licensee, at its expense, shall obtain the insurance described in Exhibit B-1, hereto attached. The Licensee will also provide to the Licensor a Certificate of Insurance, identifying Folder No. 02286-29, issued by its insurance carrier confirming the existence of such insurance and that the policy or policies contain the following endorsement: UNION PACIFIC RAILROAD COMPANY is named as an additional insured with respect to all liabilities arising out of the existence, use or any work performed on or associated with the 'Wireline' located on Railroad right-of-way at Mile Post 734.55, on the Brooklyn SubdivisionlBranch, at or near Woodburn, Marion County, Oregon. B. If the Licensee named in this Agreement is a public entity subject to any applicable statutory tort laws, the limits of insurance described in Exhibit B-1 shall be the limits the Licensee then has in effect or which is required by applicable current or subsequent law, whichever is greater, a portion of which may be self-insured with the consent and approval of the Licensor C. All insurance correspondence shall be directed to: Jon E. Devish Folder No. 02286-29 Union Pacific Railroad Company Real Estate Department 1400 Douglas Street STOP 1690 Omaha, NE 68179-1690 Article VI. TERM. This Agreement shall take effect as of the date first herein written and shall continue in full force and effect until terminated as herein provided. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written. UNION PACIFIC RAILROAD COMPANY CITY OF WOODBURN By: Manager - Contracts By: Title: 65 . '_"" 9' '''I..... .".. /' ~A~[ ARROw INDICATING NORrH DIRECTION RELATIVE TO CROSSING ( ,f~ ~~ 8.j~, (j ;; ..~ "' \'. .f:~~~ ...~~... ...~~ .... """ ~ ... FORM OR- 0404- G REV. 5- 15- 98 UNDERGROUND OVER WIRELINE CROSSING 750 VOLTS NO SCALE NOTE: ALL AVAILABLE DIMENSIONS UUST BE FILLED IN TO PROCESS THIS APPLICATION. @ ..., .,. 2.llii...'3 f ,"(I; NOI( F..' i .. 230-l.~ n. n. I ,if""iiOi, .. . ,. '. ~1and _ · II(AllUI .... 10.... -- 10,..(~~fi!.. 1000ic. I let "fC " ~T 101"..,,[ A\.llNG llU.CrTIlllil ClION UII( C/IOSSING' '''''[1 '"'1 DI'4:"'ION 11(01111(0 ... AU C'IU. &I lOCorl_ '" U$IIIC I(CII-. 0"'_( TO A LC~ lUIIVty UII( U ICOUIICO. Cl~l;md St. 'OuC'"C rll(O Oute" '1([ "'[ T. , ~ j. .JQ...n. 3 * In additiori to the min:inuns noted ~ ~ ~ casing will be a miIrlnun of 2ft. ' M I below the existing fiber optic ~ cable. . @ '1. 12 n. 38 n. .'.Clltol(: ~n. I" If. w._.. * n. 14~1tC."""" n. ~.WI..I ,-CUIN( "O( 1\(( ""I( 1. I. "I: ....BQ. f r. 11011"1. 01 \'. \(( -.,ol( It -.Jill.. rr. :/ ~ NOTES: I ("'!I.1f( lCIoIGh, .104(" '-'CHuAlO .lo-.c. PIP(lINe.1 II 'LL HO~IZONIAL DISIANC(S TO 8t UEA~R(D Al RICHT ANCL(S 'R~ ( Of IRACK, (XC(PI AS NOI(D. ZI (NCAS( COUPL(TELY ACROSS OUR R/. WITH A RICIO U(TALLIC CONOUIT OR NOH-U(TALLIC CONOUIT (PVCI (NCASEO IN A UINIUUU or ) INCHES or CONCRETE. )1 INSTALL' INCH WIOE WARNING TAPE I FOOT BELOW CROUNOlINE DIR(CTLY OVE~ THE UNOERCAOUND POwER LINE WH(RE LOCATED ON OUR R/W OUTSIDE THE TRACK 8ALLASI SECTIONS. ., IF WIIHIN AR(A or UNDERGROUND SIGNAL rACILITIES SUCH AS fLASHINe CROSSING SIGNALSL POwER SWITCHES. TRACIl SIGNALS, ETC.,CHECK WITH SIGNAL DEPARTu(NT. ~I SICNAL HEPR(SENTATIVE MUST 8E PR(SENT OURING INSTALLATION IF RAILROAD SICNALS ARE IN THE VICINITY Of CROSSING. 61 UINIUUU or 50' fR~ THE EHO or ANY RAILROAD aAIOCE, t OF ANY CUlVERT. I' ~L~~~L(N;I~:~T~~~~~T~Rf~LUDE: BACKWALLS OF BRIDGES; t or ROAD CROSSINGS 8 OV(RH(AD VIADUCTS ICIv( ROAO NAUEI, OR (. CUlVERTS. 81 CASING ANa CARRIER PIPE MUST BE PLACED A UIHluuu OF 2 FEET 8ELOw THE EXISTING FIBER OPTIC CABLE. ANY EXCAVATION REQUIAEO WITHIN 5 r(ET OF THE EXISTING FIBER OPTIC CABLE UUST 8E HAND ~ r.-.... TO rlCUfllC CASIN' lO"T" WITH ....Cl,t OF CIOUIN(; OlH'R THA" _ I DIST. TO ROW AI IS WIR(LINE CROSSING WITNIN DEDICATED STREET 7____YES;~HO; 81 If YES, NAU( or STREET Cl VOLT ACE TO 8E CARRIED UNDER TRACIl 12470 01 OlSTRI8UTlON L1NE-L-OR TRANSilISSIOH L1NE_ (I UAXIUUU CURRENT 11M aIIlP rl SINGLt"PHXSt_ THR(E ,sHASE...1L.-HD. or C1RCUITS---L- CI UAX. OPERATINC CURRENT TO GROUN~ AT F((D EHO.J200AW'S. HI UAX. OP(RATlNG CURRENT TO GROUND AT LOAD END.l2QO"WS. , . II WHAT TYPE OF rACILITY .ILL LINE 8E SERVIH(i1N/A "OH" t..o 'w Convers~ JI Ir SEPARATE CABLES ARE USED. WHAT IS THE Ave. DISTANCE 8(T.((N CA8l(S?~ ~I IF A NErr POwER SU8STATlllN IS TO BE BUILT OR REVISED W"HIN 1/2 UIL( or RR, WHAT IS: IIAX OPERATINC CURRENT TO CROUNO?_ AJ./PS: UAX R(SISTANCE TO eR0UN07~qHUS: ~ f~J,CUR8E~T TO.CROUND7_____AUPS. 1I CASING TYPE TO BE INSTAUEO.!Q. ste~ ~ !;!:!!Ck UI uETKPO or INSTAlLING CASINe PIPE UND~R TRACklSI: ~ORY BORE AND JACK IWET BORE NOT PERUITTEOI; _TUNNEL; OTHER NI DISTANCE FROU CENTER LINE or TRACX TO H~~ fACE OF BORING AND JACXING PITS WHEN UEASUAED AT RICHT ANGlES TO TRAclC...!Ln. 110' UIN. I 01 APPLICANT HAS CONTACTED 1.'~))'-"91 u. P. C~ICATION OEPAAIUEHT, AND HAS OETERUIHEO FIBEA OPTIC CABLE -LOOES; _DOES HOT; EXIST IN VICINTT OF WORe TO BE PERFOAuEO. TICKET NO. 1fYlL../n? 1Cl7t. EXH IBIT "A" I r. "'1&.104. VIol ...... . DO .or ""( ... I.., IOu FOR RR FILE UNION PACIFIC RAILROAD CO: ~ r' 0 0 k \ ~""''''' M. P. "7~'f ,S'5" E. S. t~'1"'l)1: UNDERGROUND WIREllNE CROSSINC W_cl \.....tOI\ M~:."" oA '1oC.-c,. - ,rd,... le""'1 ....." c':1'1 .f ""...1 '-...'" ,.,.....le"". NO.l'lU-'l\ DATE ,,-'l~.o'f WAR H I N"G I. A\.l OCCASIONS. II. P. COI&UflCATlONS WAllTICIO' MlSr I( (ONTACIU Itl AOYAHC( 0# IN'( IIOlIC ro 0(1(l1li'11( UI nOCE NCl lOCATION 01 t1.1J1 (IlI"C C~c. "- I "IOO-U,"IIn 66 'W'.' .. ,.,Jt;+o .,. WLX.EXB 980112 FornI Approved. ^ VP.Law EXHIBITB Section 1. UMITATION AND SUBORDINATION OF RIGHTS GRANTED. (a) The foregoing grant of right is subject and subordinate 10 the prior and continuing righl and obligation of the Licensor 10 use and mainlain its entire property including the righl and power of the Licensor to construct, maintain, repair. renew. use. operate, change. modify or relocale railroad Iracks, signal. communication. fiber optics. or other wirelines. pipelines and other facilities upon, along or across any or all parts of its property. all or any of which may be freely done at any time or times by the Licensor without liability to Ihe Licensee or 10 any other party for compensation or damages. (b) The foregoing grant is also subject 10 all outstanding superior rights (including Ihose in lavor 01 licensees and lessees of the Licensor's property. and others) and Ihe right 01 the Licensor 10 renew and extend the same. and is made without covenant of title or for quiet enjoyment. Section 2. CONSTRUCI10N. MAlNiENANCE AND OPERATION. (a) IT the Wireline or any part thereof is to be located above the lop of the rails of any track or commulucation and signal lines. including static wires, overhead clearance provided by Ihe Wirellne shall be no less than that shown on Exhibit A The Wireline shall be constructed. operated. maintained.. repaired. renewed. modified and/or reconstructed by the Licensee in strict conformity with the Specifications prescribed in the current issue of the National Electrical Safely Code of the American National Standards Institute. In the event such Specifications conflict in any respect with the requirements of any [ederal. state or municipal law or regulation, such requirements shall govern on all points of conflict, but in all other respects the Specifications shall apply. (b) All work performed on property of the Licensor in connection with the construction. maintenance. repair, renewal. modification or reconstruction 01 the Wireline shall be done to the satisfaction of the Licensor. (c) If the Wireline is an existing one not conforming in its construction to the above provisions of Ihis Section 2. the Licensee sholl. within ninety (90) days after the date hereof. reconstruct it so as to con [arm therewith. (d) The Wireline sholl be constructed, mainlained and operated by the Licensee in such manner as not to be or constitute a hazard to aviation. With respect to the Wireline the Licensee, withoul expense 10 Ihe Licensor. will comply with all requirements of law and of public authority. whether lederal. slate or local. including but not limited to aviation authorities. (e) In the operation of the Wireline. the Licensee shall not transmit electric current at 0 diHerence of potential in excess of the voltage indicated on Exhibit A. IT the voltage indicated is in excess of seven hundred fifty (750) volts. and the Wireline is, or is to be, buried at any localion on the property of the Licensor outside track ballast sections or roadbed. the Licensee shall install metallic conduit. or non-metallic conduit encased in a minimum of three (3) inches of concrete with a minimum of four (4) leet or ground cover the enlire length 01 the Wireline on the property of the Licensor. A Wireline buried by removal or the soil shall have, at a depth 01 one (I) foot beneath Ihe surface of the ground directly above the Wireline. a six (6) inch wide warning tape bearing the warning. "Danger-High Voltage," or equivalent wording. A Wireline encased in conduit. jacked or bored under the property of Ihe Licensor. must be identified by placing warning signs. to be installed and properly maintained at the expense of the licensee, at each edge 01 the Licensor's property. The Licensee sholl not utilize the signs in lieu of the warning lope where portions 01 the casing are installed by direct burial. Section 3. NOTICE OF COMMENCEMENT OF WORK. U an emergency should arise requiring immediate attenlion, the Licensee shall provide as much notice as practicable to Licensor before commencing any work. In all other situations, the Licensee shall notify the Licensor at least ten (10) days (or such other lime as the Licensor may allow) in advance of the commencement of any work upon property of the Licensor in connection with the construction. maintenance, repair, renewal. modification. reconstruction. relocation or removal of Ihe Wireline. All such work shall be prosecuted diligently 10 completion whc.cxb Page I of4 Exhibit B 67 '-. ... .. WLX.EXB 980112 FornI Approved. A VP.Law Section 4. UCENSEE TO BEAR ENTIRE EXPENSE. The Licensee shall bear the entire cost and expense incurred in connection with the construction. maintenance. repair and renewal and any and all modification. revision. relocation. removolor reconstruction of the Wireline. including any and all expense which may be incurred by the Licensor in connection therewith for supervision or inspection. or otherwise. Section 5. REINFORCEMENT. RELOCATION OR REMOV AI. OF WIRELINE. (a) The license herein granted is subject to the needs and requirements oC the Licensor in the operation DC its railroad and in the improvement and use of its property. and the Licensee shall. at the sole expense of the Licensee. reinforce or encase the Wireline (if it is an underground facility) to the satisfaction of the Licensor. or move 01\ or any porlion of the Wireline to such new location. as the Licensor may designate. whenever in the furtherance of its needs and requirements. the Licensor shall find such action necessary or desirable. (b) All the terms. conditions and stipulations herein expressed With reference to the Wireline on property of the Licensor in the location hereinbefore described shall. so far as the Wireline remains on the property. apply to the Wireline as modified. changed or relocated within the contemplation of this section. Section 6. INTERFERENCE. In the operation and maintenance of the WireUne the Licensee shall take all suitable precaution to prevent any interference (by induction. leakage of electricity, or otherwise) with the operation of the signal. communication lines or other installations or facilities of the Licensor or of its tenants; and if. al any time. the operation or maintenance of the Wireline results in any electrostalic effects which the Licensor deems undesirable or harmful. or causes interference with the operation of the signal. communication Hnes or olher installations or facilities. as now exisling or which may hereafter be provided by the Licensor and/or its tenants, the Licensee shall, at the sole expense of the Licensee. immediately take such action as may be necessary to eliminate such interference. Section 7. PROTEcrION OF FIBER OPTIC CABLE SYSTEMS. (a) Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to Users resulling in business interruption and loss of revenue and profits_ Licensee shall telephone the Licensor at 1-800-336-9193 (a 24-hour number) to dE;}termine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company(jes) involved.. arrange for a cable locator. make arrangements for relocation or other protection of the fiber optic cable, all at Licensee's expense. and will commence no work on the right of way until all such protection or relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless from and against all costs. liability and expense whatsoever (including, without limitation. attorneys' fees. court costs and expenses) arising out ol or caused in any way by Licensee's failure to comply with the provisions of this paragraph. (b) In addition to other indemnity provisions in this Agreement. the Licensee shall indemnify and hold the Licensor harmless from and against all costs. liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) caused by the negligence of the Licensee. its contractor. agents and/or employees. resulling in (I) any damage to or destruction of any telecommunications system on Licensor's property. and/or (2) any injury to or deat/:! of any person employed by or on behalf of any telecommunications company. and/or its contractor. agents and/or employees. on Licensor's property, except if such costs. liability or expenses are caused solety by the direct active negligence of the Licensor. licensee further agrees that it shall not have or seek recourse against Licensor for any claim or cause ol action lor alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Licensor's properly or a customer or user ol services of the fiber optic cable on Licensor's properly. Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL. (0) The Licensee shalllully pay for all materials jOined or aCfiJced to and labor performed upon property of the Licensor in connection with the construction. maintenance, repair, renewal. modification or reconstruction of the Wireline, and shall not permi! or suffer any mechanic's or materialman's lien of any kind or nature to be enlorced agatnst the properly [or any work done or materials furnished thereon at the Instance or request or on behalf of the Licensee. The Licensee shall indemnify and wlx.exb Page 2 of 4 Exhibit B 68 . ''nr T' ,.. WLX.EXB 980112 FornI Approved, A VP-Law hold harmless the Licensor against and from any and all liens. claims. demands. costs and expenses of whatsoever nature in any way connected with or growing oul of such work done. labor performed. or materials furnished. (b) The Licensee shall promptly pay or discharge all taxes. charges and assessments levied upon. in respect to. or on account of the Wireline. to prevent the same from becoming a charge or lien upon property of the Licensor, and so that the taxes. charges and assessments levied upon or in respect to such property shall not be increased because of the location. construction or maintenance of the Wireline or any improvement. appliance.or fixture connected therewith placed upon such property. or on account of the Licensee's interest therein, Where such lax, charge or assessment may not be separately made or assessed to the Licensee but shall be included in the assessment of the property of the Licensor. then the Licensee shall pay to the Licensor an equitable proportion of such taxes determined by the value of the Licensee's property upon property of the Ucensor as compared with the entire value of such property. Section 9. RESTORATION OF UCENSOR'S PROPERTY. In the event the Licensor authorizes the Ucensee to take down any fence of the Licensor or in any manner move or disturb any of the other property of the Licensor in connection with the construction. maintenance. repair. renewal. modification. reconstruction, relocation or removal of the Wireline. then in that event the Licensee shall. as soon as possible and at Licensee's sole expense. restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. and the Licensee shall indemnify and hold harmless the Licensor, its officers. agents and employees. against and from any and all liability. loss, damages. penalties. claims. demands. costs and expenses of whatsoever nature. including court costs and attorneys' fees. which may result from injury to or death of persons whomsoever. or damage to or loss or destruction of property whatsoever. when such injury. death. damage. loss or destruction grows out of or arises from the taking down of any fence or the moving or disturbance of any other property of the Licensor. Section 10. INDEMNITY. (a) As used in this Section. "Licensor" includes other railroad companies using the Licensor's property at or near the location of the Licensee's installation and their officers. agents. and employees; "Loss. includes loss. damage. claims. demands. actions. causes of action. penalties. costs. and expenses of whatsoever nature. including court costs and attorneys' fees. which may result from: (a) injury 10 or death of persons whomsoever (including the Licensor's officers. agents. and employees. the Licensee's officers. agents. and employees. as well as any other person); and/or (b) damage to or loss or destruction of properly whatsoever (including licensee's property, damage to the roadbed. tracks. equipment. or other properly of the Licensor. or property in its care or custody). (b) As a major inducement and in consideration of the license and permission herein granted. the licensee agrees to indemnify and hold harmless the Licensor from any Loss which is due to or arises from: I. The prosecution of any work contemplated by this Agreement including the installation. construction. maintenance, repair. renewal. modification. reconstruction, relocation. or removal ol the Wireline or any part thereof; or 2. The presence, operation. or use of the Wireline or electric current conducted thereon or escaping therefrom. except to the extent that the Loss is caused by the sole and direct negligence of the Licensor. Section 11. REMOV AI. OF WIRELINE UPON TERMINATION OF AGREEMENT. Prior to the termination of this Agreement howsoever. the Licensee shall. at Licensee's sole expense. remove the Wireline from the property of the Licensor and restore such property 10 as good a condition as it was in before the Wireline was originally constructed. all to the satislaclion of the Licensor. [f the Licensee fails to do the foregoing. the Licensor may perform the work of removal and restoration at the expense of the Licensee. The Licensor shall not be liable to the Licensee for any damage sustained by the Licensee as a resull of the removal of the Wireline by the Licensor as in this section provided. nor shall such aclion prejudice or impair any right of action for damages or olherwise that the licensor may. at the lime of such removal. have against the licensee. wlx.cxb Page) of4 Exhibit B 69 '"," Y' ,.. WLX.EXB 980112 Fonn Approved. A VP-Law Section 12. WAIVER OF BREACH. The waiver by the Licensor or the breach of any condiiion. covenant or agreement herein contained to be kept observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itseU of any remedy for any subsequent breach thereof. Section 13. TERMINATION. (a) If the Licensee doe~ not use the right herein granted or the Wire line Cor one (l) year. or if the Licensee continues in defaull in the performance of any covenant or agreement herein contained Cor a period of thirty (30) days after written notice from the Licensor to the Licensee specifying such default. the Licensor may. at its option. forthwith immediately terminate this Agreement by written notice. (b) In addition to the provisions of subparagraph (a) above. this Agreement may be terminated by written noUce given by either party hereto to the other on any date in such notice stated. not less. however. than thirty (30) days subsequent to the date upon which such notice shall be given. (c) Notice oC deCault and notice of termination may be served personally upon the Licensee or by mailing to the last known address of the Licensee. Termination of this' Agreement Cor any reason shall not affect any oC the rights or obligations oC the parties hereto which may have accrued, or liability. accrued or otherwise. which may have arisen prior thereto. Section 14. AGREEMENT NOT TO BE ASSIGNED. The Licensee shall not assign this Agreement. in whole or in part or any rights herein granted. without the wrilten consent of the Licensor. and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted. whether voluntary. by operation of law. or otherwise. without such consent in writing. shall be absolutely void and. at the option of the Licensor. shall terminate this Agreement. Section 15. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 14 hereof. this Agreement shall be binding upon and inure to the benefit of the parties hereto. their heirs. executors. administrators. successors and assigns. wlx .exb Page 4 of 4 Exhibil B 70 ". 'I" 'II' PUWUDRAINAGE INS. FORn Approved, AVP-Law Updated 0310112003 EXHIBIT B-1 Union Pacific Railroad Company Insurance Provisions For Pipeline I Wireline , Drainage Ucense Agreements Licensee shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: A. Commercial General Liability insurance. This insurance shall contain broad fonn contractual liability with a single limit of at least $2,000,000 each occurrence or claim and an aggregate Iim[t of at least $4,000,000. Coverage must be purchased on a post 1998 ISO or equivalent fonn, induding but not limited to coverage for the following: · Bodily injury including death and personal injury · Property damage · Fire legal liability (Not less than the replacement value of the portion of the premises occupied) · Products and completed operations The policy shal also contain the following endorsements which shall be indicated on the certificate of Insurance: · The employee and worker's compensation related exduslons In the above poncy apply only to Licensee's employees · The exclusions for railroads (except where the Job site Is more than fifty feet (501 from any raBroad including but not limited to tracks, bridges, trestles, roadbeds. terminals, underpasses or crossings), and explosion, collapse and underground hazard shall be removed · Waiver of subrogation B. Business Automobile Coveraae insurance. This insurance shall contain a combined single limit of at least $2.000,000 per occurrence or claim, including but not limited to coverage for the following: · Bodily injury and property damage · Any and all motor vehicles including owned, hired and non-owned The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance: · The employee and worker's compensation related exclusions in the above policy apply only to Licensee's employees · The exclusions for railroads (except where the Job site is more than fifty feet (50') from any railroad including but not limited to tracks, bridges, trestles, roadbeds. terminals. underpasses or crossings), and explosion. collapse and underground hazard shall be removed · Motor Carrier Act Endorsement- Hazardous materials clean up (MCS-90) if required by law. C. Workers Compensation and Employers Liability insurance including but not limited to: · Licensee's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement · Employers' liability (Part B) with limits of at least $500,000 each accident. $500,000 disease policy limit $500,000 each employee If Workers Compensation insurance will not cover the liability of Licensee in states that require participation in state workers' compensation fund. licensee shall comply with the laws of such states. If licensee is self-insured, evidence of state approval must be provided along with evidence of excess workers compensation coverage. Coverage shall include liability arising out of the U. 5. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act. if applicable. The policy shall also contain the following endorsement which shall be indicated on the certificate of insurance: · Alternate Employer Endorsement D. Umbrella or Excess Policies In the event Licensee utilizes Umbrella or excess policies. these policies shall -follow fonn" and afford no less coverage than the primary policy. Page 1 of 2 71 . '-. ... ". PUWUDRAINAGE INS. Fonn Approved, AVP-UJw Updated 03(01/2003 Other Reaulrements E. Punillve damage exclusion must be deleted, whIch deletion shall be indicated on the certificate of Insurance. F. Ucensee agrees to waive its right of recovery, and its insurers, through policy endorsement. agree to waive their right of subrogation against Licensor. Ucensee further waives its right of recovery, and its insurers also waive their right of subrogation against Licensor for loss of its owned or leased property or property under its care, custody and control. Licensee's insurance shaD be primary with respect to any insurance carried by Ucensor. All waivers of subrogation shall be Indicated on the certificate of insurance. G. All policy(ies) required above (excluding Workers Compensation) shall provide severability of interests and shall name Licensor as an additional insured. Severability of interest and naming Ucensor as additional insured shall be indicated on the certificate of Insurance. H. Prior to commencing the Work, Ucensee shall furnish to Ucensor original. certificate(s) of insurance evidencing the requited coverage, endorsements. and amendments. The certificate(s) shall contain a provision that obligates the insurance company(l8S) Issuing such policyQes) to notify Ucensor in writing of any cancellation or material alteration. Upon request from Licensor, a certified duplicate original of any required policy shall be fumished. I. Any insurance policy shall be written by a reputable insurance company acceptable to Licensor or with a current Besfs Insurance Guide Rating of A- and Class VII or better. and authorized to do business in the state(s) in which the service is to be provided. J. Licensee WARRANTS that this Agreement has been thoroughly reviewed by Licensee's insurance agent(s)Jbroker(s). who have been instructed by Licensee to procure the insurance coverage required by this Agreement and acknowledges that Licensee's insurance coverage will be primary. K. The fact that insurance is obtained by Licensee or Ucensor on behalf of Licensee shall not be deemed to release or diminish the liability of licensee, including, without limitation. liability under the indemnity provisions of this Agreement. Damages recoverable by Licensor shall not be limited by the amount of the required insurance coverage. Page 2 of 2 72 "!lr' , T' ,.. ~. ;':"-.''; "-'.{.:2~.-:~ ~..,."....,.. .. . ..i.. ~ WOQDBURN In.Orr~ralrJ fh~9 128 ~~ . . December 13, 2004 TO: FROM: Honorable Mayor and City Council through City Administrator t^? Matt Smith, Management Analyst II SUBJECT: 2005 Tourism and Economic Development Grant Award RECOMMENDATION: It is recommended the City Council: 1. Award 2005 Tourism and Economic Development Grant funds to the Woodburn Chamber of Commerce and to Cascade Scenic Railway Inc., in amounts not-to-exceed $44,000, and $8,000 respectively; 2. Authorize the City Administrator to execute fee for services agreements with the Woodburn Chamber of Commerce and Cascade Scenic Railway, Inc. BACKGROUND: Two-ninths (22.22%) of the City's 10% Transient Occupancy Tax (TOT) is earmarked for tourism and economic development via a grant program. These monies are distributed through a competitive grant process to local organizations who promote tourism or economic development, who can advance the City Council's purposes in creating and allocating grant funding, and who can demonstrate the ability to deliver projects that will benefit the Woodburn economy. Eligible projects pursuant to grant guidelines include those which: ., Promote existing tourist attractions & events " Create a greater diversity of activities to attract tourists to Woodburn ., Promote diversification of the City's economic base ., Promote projects and activities having the capacity to enhance long- term economic growth " Promote and assist existing small businesses Agenda Item Review: City Administrat City Attorney _ Finanee 73 . 'w., , y' ,"~ f Honorable Mayor and City Council December 13, 2004 Page 2 . . ., Provide technical and financial assistance to expand existing businesses ., Provide technical and financial assistance to develop new businesses. One agency was funded last year: the Woodburn Area Chamber of Commerce was granted $48,970. DISCUSSION: Notice of funding availability for the Tourism and Economic Development grant was mailed in October 2004 to several local organizations, and published in the Woodburn Independent. Two organizations submitted grant applications: the Chamber requested $44,488 (Attachment A), and Cascade Scenic Railway requested $10,000 (Attachment B). City staff evaluated the applications for eligibility in November 2004, and both were deemed eligible. A review panel consisting of two representatives from local tourism-related businesses, the owners of Elmer's Restaurant and the Woodburn Inn, and one City staff member was convened. The members independently reviewed the applications, and then met as a review panel on December 1, 2004. The panel evaluated the applications as a group, listened to and questioned the presentations of the applicants, and made funding recommendations. After deliberations, the panel arrived at a recommendation that funds the most valuable components of each application, and keeps the total funding recommended within the 2005 funding cap of $46,000. The consensus of the panel was that the proposal submitted by the Chamber furthers the objectives of the Tourism and Economic Development Grant Program, but they were not convinced that one element of the proposal, the Economic Development Survey, would provide sufficient benefit to justify the cost identified. They asked that this item, totaling $5,000, be removed from the recommended grant package. The panel also concluded that the line item for Hospitality Training, a program that provides training in partnership with Chemeketa Community College to front-desk personnel at local businesses to improve customer service and knowledge of the Woodburn area, could likely be accomplished at a lower cost than indicated, or if not, could be offered less frequently during the first year of implementation. The panel recommended that this line item be reduced by $1.488, to $3,512. The panel recommends a total of $38,000 in grant funding for the Chamber for the 2005 grant. 74 Honorable Mayor and City Council December 13, 2004 Page 3 . . Panel members also asked that as part of their recommendation, three suggestions be made to the Chamber. First, the panel stated that the Chamber should continue their revitalized effort to broaden their funding base, increasing the number of local members, in an effort to reduce their dependence on the City's annual TOT grant and to work towards self-sufficiency. Second, the panel suggested that the Chamber work closely with other area businesses that are dependent on tourism, the Woodburn Company Stores in particular, to minimize duplication of effort. And third, the panel felt that to accomplish the Chamber's goal to improve tourism development, they should reorganize their staffing hours to increase the number of hours the Visitor's Center is open on Saturday when the largest number of tourists are visiting Woodburn. The panel expressed concerns regarding the long-term viability of the excursion train service proposed by Cascade Scenic Railway, but felt the overall project's potential to improve Woodburn's economic base and generate tourism justified further investigation. The panel also felt development of the business plan for which funding is requested will resolve these concerns. The first two elements of the proposal. the consultant work necessary to define costs and overall project parameters, and the development of a business plan, are critical to evaluating the viability of the overall project. The panel stated these two tasks should receive the full grant amount requested. The panel felt, however, the third element of the current proposal. a marketing plan, was not as critical to the evaluation of the project's viability, and they recommended no TOT funding for this item. This reduces the requested grant from $10,000 to a recommended total of $8,000. As is your policy, grant awards are conveyed through a fee-for-services agreement. Upon your direction, contracts will be negotiated and executed with the Woodburn Chamber of Commerce and Cascade Scenic Railway, Inc. for the 2005 grant year. Chamber representatives recently met with a City Council committee to discuss tourism. Among the items discussed was the balance of prior years' TOT grant monies available for distribution. Two mini-grants were recently awarded to reduce that balance: one to the Woodburn Downtown Association and one to the Cascade Scenic Railway. The Council committee indicated it would be supportive of a Chamber request to use these supplemental funds. On November 9, 2004, the City received a proposal to use that remainIng balance, for seed money for the annual Drums of Fire event (Attachment C). The Chamber was advised that this request, and their application for 2005 TOT 75 . ''Ilr T' 'Itlw. .," Honorable Mayor and City Council December 13, 2004 Page 4 . . grant funding would be presented to Council at the same time, and any monies allocated would be addressed in the same services contract (Attachment D). As the Drums of Fire event brings a number of bands into Woodburn and visitors who attend the event, and as the proposal appears to be consistent with grant guidelines, it is recommended the Council approve this supplemental funding request in the amount of $6,000, in addition to the funds recommended for award by the grant evaluation committee. FINANCIAL IMP ACT: Adequate monies are available in TOT grant revenues to fund the two applications totaling $46,000, as recommended, and to provide additional one- time funding of $6,000 to the Chamber, as requested. 76 . ",,"" T '.10" .,... ~ . . (~::.>, - -.-.~, .' lTACH WPPDBV~N 188 9 INTA A:rfLI(:ATIONi FOR" TouroS.M,AND Eco.NbMIc DEVELQPMENTG~ Sl'bmittinq Institution: Woodburn Area Chamber of Commerce Mailing Address: P.O. Box 194 Type of Institution: Chamber of Commerce City flip: Woodburn, Oregon 97071 Authorized Representative: Nick Harville Phone: 503-982-8221 Title of Authorized Representative: Executive Director Fax: 503-982-8410 Federal Tax ID: IRS Class (Exemption): 501 (c) (6) 93-6027273 Grant Amount Requested ($5,000 minimum): $ _ $44,488.00 Project Director: Nick Harville Matchina Funds (source mustbe identified in the Project Budget): $. $63,533.00 Phone: 503-982-8221 Address: P.O. Box 194 Fax: 503-982-8410 City flip: Woodburn, Oregon 97071 E-Mail: (liGK@i.laDftl12.f\JC+VtiY1E.ER. ~ What is your oraanization's mission statement and ()hii=>("'ti",:~c?' The Woodburn Area Chamber of Commerce mission statement: Our purpose is to advance and promote the economic and civic interests of Woodburn and the surrounding area. Our objectives - .:. Enhance the business community through economic and tourism development. .:. Expand the tax base of the community. .:. Provide economic and tourism development support to the City of Woodburn. .:. Attract new business and visitors to the area. .:. Provide needed resources to the existing businesses. .:. Provide hospitality training front line staff to provide the best visitor care possible. Brieny aesCrJoe me nlsTory or your organizaTion (inCluding years of operation): The Woodburn Area Chamber of Commerce has celebrated over 45 years of service to the community. Established in 1959 the Woodburn Area Chamber of Commerce has grown from an all volunteer organization to its present transition to a professionally staffed Chamber of Commerce that deals with tourism development, economic development, and workforce issues at all levels in the community. R~D NOV 0 9 za04 WOODBURN M1NISTRATOR'S OFFICE 77 . ''III''' , yo ''''- ..'l'" -: ---":-'"' "'''": '-'''t-''-''',":'I'-'V ~VUI VI~UIIILUIIVI ~ IIU:> Willi fJIUjeCTS Similar TO maT being proposed, Including pnor years Tounsm and Economic Development grants: The Woodburn Area Chamber of Commerce has utilized transient room tax funds in the past in partnership with the City of Woodburn to promote and market Woodburn in the tourism industry. We have also promoted and marketed Woodburn through events, like the Drums of Fire, that bring dollars from outside the area and leave them in Woodburn businesses. We publish and distribute information pieces through the Oregon TourismNisitor Centers, of which we are one. We make contact with over 100,000 people each year through the Chamber office who seek information on Woodburn and other destinations in Oregon. As a Chamber of Commerce we promote local business first, but provide all the information requested by visitors, people looking to relocate, and businesses seeking expansion or new sites. 2. PROPOSED TIME FRAME OF PROJECT Provide a project tlmellne, Including key milestones to mark progress. Projects must be completed within one year of the execution of a rant ro'ect. . January 2005 . Another year of operating the Visitor Center. . Begin planning Drums of Fire event and selling advertising. . Begin planning Scenic Byway status for Tour Route. . Continue distribution of Tour Route brochure. . Represent Woodburn on the Regional Tourism Task Force. . Continue ongoing efforts to update and upgrade web site. . Begin establishing a Tourism and Economic Development Committees February 2005 . Distribute Tourism Brochure to state tourism centers through Oregon Tourism. . Contract with Certified Folder for regional distribution of Tourism Brochure. . Conduct the first quarterly hospitality training workshops. February - March 2005 . Partner with Woodburn Company Stores to participate in pav A Trade Show. . Partner with Wooden Shoe Bulb Co. to participate in Home and Garden Show. . Establish the Tourism Subcommittee to focus tourism promotion. March 2005 . Work with Tulip Festival Committee to help jointly promote the event. . Start the economic survey of the area. Gather information and generate current info. April 2005 . Provide assistance with the Tulip Festival event in a joint manner. . Track the economic impact of the Tulip Festival on the community. . Attend Governor's Conference on Tourism. May - July 2005 . Begin selling tickets and Create a local and regional media blitz for Drums of Fire event. . Track the economic impact of the Drums of Fire to the community. . Complete SCV A Ad. for regional marketing. . Conduct quarterly hospitality training session. July 2005 . Produce Drums of Fire event. . Tracking economic impact of the event. September - December 2005 . Begin work on a new enhanced Community Map. Distribution January, 2006. . Conduct hospitality training session with community college for front line workers. . Attend DCI Drum Corp Annual Mtg. 78 '-" ... " Explain what is intended to be achieved, and its signifieance, by earrying out the proposed project. This should deseribe the 0015 of the ro .ed, and not ro 'eet aetivities. .. . One significant achievement we will derive from these funds is to help provide the services of the Woodburn Area Chamber of Commerce that are dedicated to conducted tourism development and economic development. We are taking new steps to enhance a visitor's experience when they come to Woodburn. We are increasing our overall efforts in economic development through more proactive activities and a closer partnership with the City of Woodburn toward common economic development goals. We are in~reasi,ng the number T~urism ~rochures we will publish because we want to achieve a larger presence In regional and state-wide tourism efforts. Our intent is to put brighter image of the Woodburn area out to visitors and those in the tourism industry. In this way we leverage our human and financial resources with others to achieve greater marketing and promotional potential. With the focus on tourism and economic development, highlighting what the community has to offer, we can achieve new market penetration for agricultural tourism, federal and state funds for developing our key local industries, again leveraging our human and financial resources with others to grow the local tourism and economic base. . . Provide concrete detaifed project background, methodology, and anticipated results. Include in that discussion the need for WTEDG assistanee. The number of projects and events any Chamber of Commerce can get involved in is almost limitless. Financial resources however are finite. Only by leveraging Chamber funds with those from funding sources like the WEDG can the Chamber continue to provide the services it does. Printing of the Tourism Brochure is fairly straightforward. Without an attractive literature piece to provide to visitors or potential visitors you have no first point of contact. The images of a window to tulip fields used in all the tourism pieces creates a recognizable image that people will relate to Woodburn. It is a clean, bright image of the area. To access state and federal funds more actively, Woodburn needs representation in regional and state tourism alliances and economic development groups. A solid relationship with state and federal agencies avoids the "out of sight, out of mind" issues that hinder many communities from achieving their tourism and economic development goals. However, those relationships have to be chosen carefully. Like funding time is finite as well. The Woodburn Chamber of Commerce provides those relationships for the area. Hospitality training provides frontline staff with the knowledge and skills to answer questions and provide the right information to visitors, no matter if they are tourism or business related. Better trained, friendly, people also help create a brighter image of the community for visitors and existing or potential business. The economic study will provide the Woodburn Chamber with statistical information on available lands, business issues and community shortfalls that is current. Once identified shortfalls can be addressed by business or local partnerships to take care of those shortfalls. All of these things, done properly, work in concert with each other to market and promote the Woodburn area to visitor's and business. 79 '-' ... Please use the worksheet below to prepare a detailed projeet budget. Indicate the total cost of the project, and the portion of the budget for whieh WTEDG funds are requested. Provide an estimate of all project revenue, broken down by earned income, grants and eontributions, and in-kind servic.es. Expenses must be segregated into the following cost eategories: personnel, materials and services, and capital items, and broken down by line item {i.e., advertising, printing, etc.}. Provide the total eost for eaeh specific line item and specify the amount of support for eaeh requested from WTEDG. Please provide doeumentation of all matching funds and in-kind contributions. Recipient of award will be required to provide a match of 25%. PENDING (Project revenue that has not been confirmed. including WTEDG funds) PROJECT REVENUE COMMITTED (Project revenue that has been committed) TOTAL (Total project revenue) Earned Income: $ $ $ Grants & Contributions: $ $ $ In-Kind Services: $ $ $ TOTAL REVENUE: $ $ $ PROJECT EXPENSES COMMITTED WTEDG {expenses to be covered by (expenses to be funded by . TOTAL committed sourcesl WTEDG arant) (Totol project expenses) Personnel (please list and describe each line item): Total Personnel 1$ $ $ Materials & Services (please list and describe each line item): Total Materials & Services $ $ $ Capital Items (please list and describe each line item): Total Caoitalltems $ $ $ TOTAL PROJECT EXPENSES PERCENT OF PROJECT EXPENSES $ $ $ % % %100 ./Uh~ 80 'W'" T' ,~ ''!'" Project Budget Project Revenue Earned Income Grants & Contributions In-kind Services Total Revenue Project Expenses Personnel Tourism Staff Total Personnel Materials & Services Advertising/SCVA ad $1800 Dues/Registration Equipment Rental Telephone Office Expenses Insurance Total Materials & Services Capital Items POVA Trade Show Tourism Brochure (80,000 copies) Home & Garden Show Drums of Fire Hospitality Training Economic Development Survey Total Capital Items Committed Pending $21,033.00 $44,488.00 Staff time $42,500.00 $ 63,633.00 $ 44,488.00 Total $ 65,521.00 $ 42,500.00 $108,021.00 $ 1,250.00 $ 3,750.00 Tourism $ 5,000.00 $ 1,260.00 $ 3,760.00 $ 6,000.00 $ 2,000.00 $ 6,000.00 Tourism $ 8,000.00 $ 250.00 $ 750.00 Tour/ED $ 1,000.00 $ 1,100.00 $ 2,700.00 Tourism $ 3,800.00 $ 3,795.00 $ 2,205.00 Tour/ED $ 6,000.00 $ 2,638.00 $ 1,583.00 Tour/ED $ 4,221.00 $ 625.00 $ 375.00 Tour/ED $ 1,000.00 $10,408.00 $13,613.00 $ 24,021.00 $ 250.00 $ 750.00 Tourism $ 3,750.00 $ 11,250.00 Tourism $ 500.00 $ 500.00 Tourism $ 1,750.00 $ 5,250.00 Tourism $ 1,875.00 $ 5,625.00 Tourism $ 1,250.00 $ 3,750.00 ED $ 9,376.00 $27,126.00 Total Project Expenses $ 21,033.00 $ 44,488.00 32% 68% Committed funds are a portion of the Woodburn Area Chamber of Commerce General Operating Budget. 81 ''IW''' .... $ 1,000.00 $ 15,000.00 $ 1,000.00 $ 7,000.00 $ 7,500.00 $ 5,000.00 $ 36,600.00 $ 65,521.00 100% '.'$1<' l' 6. COLLABORATING OR PARTICIPATING ORGANIZATIONS/INDIVIDUALS Specify all individuals or organizational partners involved in the planning or execution of the proposed project and summarize their involvement. Collaborating Organizations: Woodburn Chamber Marketing Committee - As members of the Chamber and business community members of the marketing committee help to target markets that are within the budget and important to the tourism effort. Woodburn Tourism Committee - This committee, like Marketing, helps to focus efforts on what needs to be done for tourism development in the community. Chemeketa Community College - The College is the contracted agency to provide the "Qn training for hospitality and tourism statewide. We will partner with them for the hospitality courses and utilize students from the Hospitality and Tourism classes. Woodburn Tulip Festival Committee - The tulip festival brings many people to the area. As this event has grown so has its own financial resources and exposure. They only require assistance from the Chamber today. We are happy to provide whatever support we can to the festival. Portland Oregon Visitor Assoc. - POV A is a critical partner for the Chamber in promoting to visitors around the United States and the world. The Chamber partners on familiarization trips (fam trips) that host tour operators to come to the area and learn what Oregon has to offer so they can sell tours for visitors to come to Oregon. SCV A - The Salem Convention and Visitors Bureau is also an important partner for the Chamber in regards to distribution of information, tours and providing a marketing channel for Woodburn. Oregon Tourism Commission - Our partnership with OTC helps us make sure that the Woodburn Area is not left behind. Working with OTC our tourism efforts are leverage many times over to reach new markets and visitors. ODOT - Signage is important to any tour route or to direct people to our visitor's center. ODOT provides much of the signage that is used. Woodburn Downtown Association - We seek to increase our partnership with the WDA, possibly bringing them into the Chamber as a division of the Chamber with a voting seat on the Board of Directors. The Chamber and WDA already partner on several community events. SEDCOR - As the regional economic development group SEDCOR is another critical partner. A cohesive partnership between the City of Woodburn, SEDCOR and the Chamber will help us achieve the economic goals set out in the EconNorthwest study for the economic development of Woodburn and planning for the future. OECDD - As the state economic development agency our partnership with Tom Fox, Regional Representative for OECDD is almost very important. A working relationship with OECDD and other agency will help to grow Woodburn and leverage human and financial resources. ODA - Agriculture is the founding industry of Woodburn and still provide a substantial portion of the payroll in the area. The Chamber has a significant relationship with ODA and works with the state department of agriculture to help accomplish our goals. USDA - As the federal agency responsible for rural development the Chamber works in partnership with USDA. This federal agency provides funds and other tangible values to the economic and social development of the area. The Executive Director of the Woodburn Area Chamber has a long standing relationship with these state and federal agencies. . List the officers and board members for your organization: Board of Directors: Alma Grijalva, President Ruby Wolfer, President-Elect Scott Roerig, Treasurer Patrick Vance, Past-President Jeanine Hohn, Director Emmy Bratton, Director Mary Graves, Director Amy Dent-Beebe, Director Dr. Brent Corbett, Director Tim Benfield, Director Walt Blomberg, Director Bob Rhoades, Director Nikki DeBuse, Director Doug Hess, Director 82 ."". T' '..'~.. ''!'" I ' ,:.'~ - . ~ lTAcHJ60plicatiol! f<,or Tourism an, d WOODBURN I -EconomlcDevelopment - - _..~ - Grant Incorporal#d Submitting Institution: Cascade Scenic Railwa , Inc. Mailing Address: PO Box 7595 Authorized Representative: Dan Ho nacki Title of Authorized Representative: Chair, CSR, Inc. Federal Tax ID: 93-1328621 Type of Institution: Not-for- rofit communit or anization, City flip: Salem, OR 97303 Phone: 503-587-7897 Fax: 503-588-1 659 IRS Class (Exemption): 501 (c) (3) Grant Amount Requested ($5,000 minimum): Matching Funds (source must be identified in the Projecf Budgefj: $ 10,000 $ 4Q700 Project Director: Phone: Dan Ho nacki, OSU Extension Service 503-587-7897 Address: Fax: 3180 Center St NE Room 1361 503-588-1659 City/Zip: E-Mail: Salem 97301 dan.ho nacki@ore onstate.edu What is your organization's mission statement and objectives?: The mission of Cascade Scenic Railway, Inc. is to initiate excursion passenger service to connect the communities of Wood bum, Mt. Angel, Silverton, Pratum, Macleay, Shaw, Aurnsville and Stayton; promote economic diversity through tourism via rail; enhance livability in our rail communities on this line; and engage civic spirit and community pride in the process. Our objective is to operate a passenger excursion line and related activities on the existing short line currently leased by Willamette Valley Railway, Inc. The service is intended to expose tourists from thE:! region elsewhere to the unique small towns along the line, enhance other tourist related experiences offered by the towns along the line, and educate riders about our region's history and the role that both rails and agriculture have played in that history. In addition, we are involved in discussions with other short lines, the major rail lines, and Chemeketa Community College about the potential for using the line and the passenger operation as a laboratory for training rail personnel. Based on our studies and consultant work, we need to more aggressively facilitate the acquisition of the line and develop a timeline for physical repairs, and launch a ea ital earn ai n once we have com leted our marketin and business Ian. Briefly describe the history of your organization (including years of operation): The organization formed over five years ago as an idea with about forty volunteers from the communities along the line. Three years ago, the organization formed as a not-for-profit corporation. We have received grants that have permitted us to conduct a feasibility study, develop a fund-raising strategy, and quantify obstacles. We currently have an Agreement of Understanding with Willamette Valley Railway, Inc., to be sole provider of any passenger service on the line. Our current obstacles include the fact that Union Pacific Corporation, the actual owner of the line, will not allow passenger service on the line through its lease. The line also needs about a million dollars in repairs to become FRA Class 1 to support passenger operations. Willamette Valley Railway, Inc. does have a lease option for the line and is in the process of exercising it. Another obstacle is that CSR has no paid staff and only one board member who is not employed full time, REC'D NOV 1 0 2(W4 83 WOOD5URN r.rTV AnMIIIIIC::TR6TnR'C:: m:~Ir.1= '-" ... '...,. .''!'" uescnoe The experience your organization has with projects similar to that being proposed, including prior years' Tourism and Economic Development grants: Through grants, we have completed an ODOT Rail Division Feasibility Study and Fundraising Strategy. Utilizing $5000 in Woodburn TED and match funds, we are currently working to complete our Phase II work by the end of December 2004 that includes assessing local freight potential, physical-legal-financial condition of the line, the development of rail training through Chemeketa Community College, and a set aside of $750 to relocate a donated rail car. We also have a grant application pending with the Meyer Memorial Trust Small Grant Program to assist with the development of a marketing study and business plan. Under the eurrent grant scope of work, we have determined that the line is in fragile physical condition with a weak but stable financial condition. We have established the value of current freight activity and continue to develop freight potential, with a final freight assessment due in December. Our efforts with Chemeketa Community College have fast-tracked with a goal to be able to provide 12-week intense course work training that addresses immediate rail industry job vacancies. Timelines for classes and final funding needs should be established by the end of December. We have determined that revenues are not available for a fall 2004 passenger excursion train (we are deferring that effort until 2005) and are still working on identifying funding options for purchase and rehabilitation of the line, with additional work anticipated beyond this current grant. We are also working on developing tourism potential and have had preliminary discussions with the Oregon Garden and Congresswoman Hooley. We have also determined that the original rail box car to be donated to CSR is no longer available, but likely can be replaced with a vintage caboose or other car to be utilized for marketing and rail safety programs. We anticipate that the potential for other tourism events will be clarified once we have established definitive timelines to launch excursion passenger service, as well as incorporating that potential within our marketing plan. I . ... Provide a project time/ine, including key milestones to mark progress. Projects must be completed within one year of the execution of a rant ro 'ect. December 2004 - Complete current Phase II work under current grant with definitive next steps. Identify alternative rail car for rail safety /CSR local marketing effort. January 2005 - Initiate RFP for business plan; develop scope of work for Phase III with timelines. February 2005 -Initiate RFP for marketing plan; launch contract for Phase III. Work to secure federal grants, loans for repairs, acquisition. March 2005 - Select business plan consultant, outline work product/timeline, contract service. Finalize rail car acquisition; finalize community marketing plans for Summer 2005. April 2005 - Select marketing plan consultant, outline work product/timeline, identify existing marketing information to not be duplicated by the consultant, contract service. Phase III progress report. May 2005 - Business plan progress report, Phase III progress report. Seek additional grant funds as needed. June 2005- Finalize Phase III work - which should yield an firm acquisition timeline and repair resources. Marketing plan progress report. July 2005 - Receive final business plan. Stage demonstration service. August 2005 - Receive final marketing plan. September 2005 - Launch capital campaign. Complete acquisition activities. Establish potential December 2005 - complete tasks under this grant. 84 '","'. T' <.l,,", 'II" . . . Explain what is intended to be achieved, and its significance, by earrying out the proposed projeet. describe the oals of the ro 'ect, and not ro 'ect activities. I. Expedite acquisition of the line from Union Pacific, who has made it clear that they will not lease the line for passenger service. . II. Complete due-diligence business tasks to be able to secure financial support from major funders. III. Solidify support from businesses and entities that could benefit from excursion passenger service by quantifying tourism visitation. . IV. To the extent possible, seek support for continued Chemeketa rail training for short -term job vacancies as well as longer-tenn development of AA Rail Engineering and Operations degree programs. I Provide conerete detailedproject background, methodology, and anticipated results. Include in that discussion the need for WTEDG assistance. I. As a Phase III of consultant work required by Claudia Howells, a: Detennine what we can do to facilitate acquisition of the line; b: Determine what equipment and ground work is needed in Woodburn and other cities along the line; c: Provide administrative assistance to CSR, Inc. to effectively complete corporate readiness tasks necessary to launch our capital funding campaign for repairs, passenger operations equipment and other start-up needs. II. Initiate our business plan through a RFP process that would include Oregon Public Affairs Research Consultants and other business plan professionals, with local business. III. Initiate our marketing plan through a RFP process with Oregon Tourism Commission and local tourism officials serving on the proposal revue committee. IV. Develop credibility within the greater economic and rail communities by utilizing Woodburn as the training center for rail jobs. 85 "l1li'" Y' '..*'" ., 5. PROJECT BUDGET Please use the worksheet below to prepare a detaIled projeet budget. IndIcate the total east of the proJeet, and the portion of the budget for whieh WTEDG funds are requested. Provide an estimate of all projeet revenue, broken down by earned income, grants and eontributions, and in-kind services. Expenses must be segregated into the following cost eategories: personnel, materials and serviees, and capital items, and broken down by line item (i.e., advertising, printing, etc.). Provide the total eost for eaeh speeifie line item and speeify the amount of support for eaeh requested from WTEDG. Please provide documentation of all matehing funds and in-kind eontributions. Reci ient of award will be re uired to rovide a match of 25%. PENDING {Project revenue that has not been confirmed, including PROJECT REVENUE COMMITIED (Project revenue that has been committed) TOTAL (Total project revenue) WTEDG funds} Earned Income: $ $ $ Grants & Contributions*: $ 3,500. $ 22,000. 1 $ 25,500. In-Kind Services: $ 16,800. $ 8AOO. $ 25,200. TOTAL REVENUE: $ 20,300. $ 30AOO. $ 50,700. PROJECT EXPENSES COMMITTED {expenses to be covered by WTEDG {expenses to be funded by TOTAL committed sources} WTEDG arant) (Total oroiect expenses) Personnel (please list and describe each line item): Administrative support: .15 FTE @ $16/hour paid; .25 FTE in-kind from CSR Board members, volunteers $ 12,700. $ 1, 000. $ 13,700. Total Personnel $ 12,700. 1$ 1,000. 1$ 13,700. Materials & Services (please list and describe each line item): Phase III consultant work $ 6,000. $ 2,000. $ 8,000. Business Plan 8,000. 5,000. 13,000. Marketing Plan - External Contr. 7,000. 2,000. 9,000. Business/Marketing Plan -In-kind2 7,000. 7,000. Total Materials & Services $ 28,000. '$ 9,000. $ 40,000. Capital Items (please list and describe each line item): 1 Includes Meyer Memorial request of $12,000 2 includes 240+ hours from CSR Board of Directors, volunteers of research/marketing work Total Capital Items 1$ 1$ $ TOTAL PROJECT EXPENSES PERCENT OF PROJECT EXPENSES $ 40,700. % 80.3 $ 10,000. % 19.7 $ 50,700. %100 86 '","' T '....... 'I' 6. COllABORATING OR PARTICIPATING ORGANIZATIONS/INDIVIDUALS Specify all individuals or organizational partners involved in the planning or execution of the proposed project and summarize their involvement. OSU Extension Service - Marion County.- fiscal and admin support as needed Willamette Valley Railroad - CSR Board member -lessee of line from UP -contractual commitment with CSR for exclusive passenger service using WVRR engine, operations staff and equipment Kuenzi and Company - CPA Firm - in-kind financial reporting Oregon Department of Transportation - Rail Division - feasibility study updates, assistance with regulations - rail car movement - rail safety promotional program Oregon Public Affairs Research Consultants - grant writing as needed, potential firm to produce the business plan Claudia Howells Consulting - current contractor for Phase II work to be completed in December, and primary link to private rail interests - UP, BNSF, P&W/WP, etc. - in Oregon based on her leadership with ODOT Rail Division. Oregon Tourism Commission - expertise on other excursion rail operations in Oregon; access to qualified marketing consultants, research resource - strong tourism advisory role, potential small grants Chemeketa Community College - provider of rail jobs training to be based out of Woodburn office for lab work utilizing the line Salem Convention and Visitors Association - oversee Marion and Polk counties tourism development activities - local research source - large tourism business membership - local advisory role Woodburn Company Stores - active interest for the 5 years we have been developing passenger potential - potential sponsor of marketing activities - site anchor for visitor parking to shuttle passengers to downtown Woodburn Marion County - Strong support from Commissioners Milne and Brentano for line development Area cities and chambers of commerce along the line - support for passenger excursion and understanding for local infrastructure and a rail visitor plan in each community Listthe officers and board members for your organization: The current dir~ctors are: Chairman, Dan Hoynacki (Aumsville); Vice-Chairman, Kathy Figley (Woodburn); Secretary, Martie Johnson (Stayton); Treasurer, Terry Kuenzi (Salem); Larry Oien (Salem); Frank Scheer (Portland); and Dave Root (McMinnville). 87 '...." , 'W'! I.'~", .,.. ( " { ',-. Woodburn '1ftf Chamber -I Commerce AtTACHMENT C 2241 Country Club Road · P.O. Box 194 · Woodburn, OR 97071 www.woodburnchamber.org City of Woodburn John C Brown 270 Montgomery St. Woodburn, OR. 97071 REeD HOV 0 9 2aD4 November 9, 2004 WOODBURN CIlY ADMINISTRATOR'S OFFICE. Dear Mr. Brown: Additional TOT Funds In a recent meeting with representatives of the Tourism Committee of the Woodburn Area Chamber of Commerce you and the mayor both advised us that there were some additional TOT grant funds remaining. It was suggested that if the Woodburn Area Chamber of Commerce had a use for these funds that meets the requirements it would be made available to the chamber on request. It was ~ood to hear that a portion of the transient room tax collected is used for a July 4th celebration. The 4 of July is always a time when friends and neighbors can gather and celebrate. Children especially enjoy the fireworks and often those memories last a lifetime. Another large event happens in Woodburn each year as well. The Drums of Fire is an event that brings thousands of people into Woodbum. These visitors fill motels and hotels, purchase groceries at local stores and infuse new dollars into the economy. It is truly a tourism event backed by the Chamber. This event is probably one that generates a volume of transient tax in a short period. We would like to request the $6,000 to be placed in the Drums of Fire account for the seed money required to get this event started each year. Because of higher than normal costs in last year's event, because of the top ranked bands that attended the seed money account is less than needed. If you have any questions please feel free to contact the Chamber office. \ (503) 982-8221 · Fax (503) 982-8410 · E-mail: welcome@Woodbumchamber.org 88 . ''!Ir" T '"~ f \ \ " Drums of Fire 2004 Budget Income Ticket Sales Advertising Budget $ 20,000.00 minimum $12,000.00 $ 32,000.00 Expenses Contract $15,800.00 Dues $ 250.00 Meetings $ 2,000.00 Advertising(newspaper, radio, TV $ 3,000.00 Programs & Tickets $ 1,250.00 Bus $ 200.00 Supplies $ 250.00 Housing $ 175.00 Toilets $ 375.00 Signage $ 500.00 Ticket Services $ 350.00 Cost of Ad Sales $ 3,000.00 Strawberries $ 450.00 Shortcakes $ 200.00 Total $ 27,800.00 The $6000 from TOT funds would be used as seed money to cover initial expenses until the revenue is generated by the ad sales in the programs and ticket sales for seats. 89 . 'Y'. T I.'~'" , '~ ' .... ..' ..~...'. '~.. ...~ . ".. r-- . .. ..' ". /,. WOODBURN ORE CON Incorporated 1889 November 10, 2004 Mr. Nick Harville Executive Director Woodburn Area Chamber of Commerce 2241 Country Club Rd. P.O. Box 194 Woodburn, OR 97071 RE: Supplemental Tourism and Economic Development Grant Funds Dear Mr. Harville: This acknowledges receipt of the Chamber's application for 2005 Tourism and Economic Development Grant funding, and your November 9, 2004 request for supplemental grant funding in the amount of $6,000. Although previous discussions between the Chamber and the City regarding supplemental grant funding focused on a use other than the one you have requested, it appears the Chamber's request for seed money for the Drums of Fire event, is allowable pursuant to the grant guidelines. Applications for the 2005 Tourism and Economic Development Grant will be evaluated within the next few weeks. Grant awards are anticipated prior to the end of 2004. To minimize administrative effort, City staff will present the Chamber's request for supplemental funding to the City Council with recommendations for 2005 grant awards. Any supplemental funding approved by the City Council will be allocated to the Chamber with, and pursuant to, the same contract as any 2005 funds that may be awarded to the Chamber. Please call me at (503) 982-5230 if you have any questions. Sincerely, John C. Brown City Administrator JCB Office of the City Administrator 270 Montgomery Street · Woodburn, Oregon 97071 Ph.503-982-5228 . Fax 503-982-5243 ''!1r' T' '.'"", '!' ~ WOODBURN 1."ofporartJ 18~9 ~~12I . . December 9,2004 FROM: Mayor and City Council through City Administrator ;::l f! j2---- Randy Rohman, Public Works Program Manager~ I TO: SUBJECT: Bid Award for Utility Tractor RECOMMENDATION: Award bid for purchase of a utility tractor to the low responsible bidder, Oregon Vineyard Supply Company for $ 44,439.00. BACKGROUND: The City requested bids for a utility tractor that were opened at 2:00 P.M. on December 8, 2004. The results were: Bidder Oregon Vineyard Supply Co. Linn Benton Tractor Lenon Implement Co. Ernst Hardware Co. Amount $ 44,439.00 $ 46,968.00 $ 49,160.25 $ 49,850.00 DISCUSSION: The utility tractor is a 45 horsepower tractor with front loader, mowing attachment and spraying attachment. The tractor will be used to maintain greenways, park detention basins, parks and street right of way. It will also be used for other street and park maintenance tasks. This tractor will replace a 1981 John Deere utility tractor that has experienced increased maintenance costs and is unreliable as it has reached the end of its useful life. The new tractor has improved safety features and is more efficient than the replaced tractor. Staff recommends that award be made to the low responsible bidder, Oregon Vineyard Supply Company for $ 44,439.00. FINANCIAL IMPACT: The cost of the utility tractor will be shared between Street Maintenance and Parks Maintenance. There was $50,000 budgeted for the utility tractor in the Street and Park portions of the equipment replacement fund in the approved 2004-2005 budget. Agenda Item Review: C~y Adminlstr~ City Attorney W Finance&' 91 . '''!,o< T ".".,. .,. ~t;:;~ ~~ WQ.Q:Q~~~N I" .- ~J r It " r i1 / cd I fi 8 " 12J ~~ . . December 10, 2004 TO: FROM: Honorable Mayor and City Council .il/; John C. Brown, City Administrator 21:/li' SUBJECT: Recreation and Parks Director Employment Agreement RECOMMENDATION: It is recommended the City Council approve and authorize the City Administrator to execute an employment agreement with D. Randall Westrick, Recreation and Parks Director, effective January 1, 2005. BACKGROUND: The City Council has approved a pay-for-performance approach for senior-level managers that relies on employment contracts. In June 2000 only the City Administrator, City Attorney, and Police Chief had employment agreements. Since 2000, the list has expanded to include the Community Development Director, Public Works Director, City Recorder, and Library Director. Employment agreements also exist for certain division-head level positions in the Police, and Recreation and Parks departments. Contract employees serve "at-will." This provides incentive for performance and streamlines any potential discipline. These agreements specify terms of the employee's working relationship with the City including compensation, benefits to be extended, and restrictions placed on the employee by employment. Contract employees can be released at any time, with or without cause. Severance provisions provide contract employees financial protection for terminations without cause, and an incentive for the City to avoid hasty disciplinary decisions. When setting compensation, I examine position requirements and comparative salaries in jurisdictions deemed likely to compete for applicants, if they and we were both seeking to fill the same position at the same time. I use jurisdictions from similar, to approximately twice Woodburn's size as comparators, and that are organized similarly. This approach focuses on the salary needed to attract Agenda Item Review: City Administrator City Attorney f'\J I.i.) Finane 92 'W" , T '.I~", l' Honorable Mayor and City Council December 10, 2004 Page 2 . . highly qualified candidates, rather than on the attributes of a particular manager. The attributes of the particular manager, including longevity and past contributions and performance are typically taken into account in non- salary compensation, such as benefits. These items are not automatically transferred to subsequent incumbents, but are subject to negotiation. DISCUSSION: The most recent contract to be negotiated is with the Recreation and Parks Director. The document recommended for the Council's approval is attached. This contract is generally consistent with the agreements of other Woodburn management employees. It has a three-year term, and guarantees the conditions of employment for that period. The employee serves "at will" and can be terminated at any time, with or without cause. Severance is paid if the employee is terminated without cause. "Cause" is specified in the agreement. The employee may leave employment with the City during the contract period, with 30 days advance notice. The Director's compensation is recommended at $5,900 per month. This is 13.6 percent more than his current salary, and slightly above average of the starting salaries among comparator cities. Comparators included Albany, Ashland, Lake Oswego, McMinnville, Roseburg, and West Linn. Eight other cities fit the population criteria but were not used, as they reported either a different structure for delivering recreation and parks services or failed to respond to repeated inquiries for information. The average beginning salary among the six jurisdictions considered in this survey is $5,759; the average at the top end of the salary range is $6,957. The current salary range for Woodburn's Recreation and Parks Director position is $4,946 to $5,868. I do not typically consider an employee's longevity with the City when establishing contract compensation. In this instance, I did. Mr. Westrick has not had a regular step increase since 2001. Had he received regular salary step increases, he would now be receiving $5,868 per month. The recommended compensation addresses both the marketability of the position, and the disparity between Mr. Westrick's current salary and what he would be paid had regular step increases been granted. In addition to this compensation, the agreement obligates the City to pay Mr. Westrick's share of contributions to PERS. This is consistent with the retirement contributions provided to Woodburn's other senior managers with employment agreements, and with the manner retirement contributions are provided in all 93 'W"" Y' ".,,", ''r Honorable Mayor and City Council December 10, 2004 Page 3 . . the comparator cities. Together, salary adjustments and PERS benefits increase the gross value of the Director's compensation by 20.4 percent. His salary may be adjusted annually by the City Administrator, based on successful completion of goals agreed upon by him and the City Administrator. Mr. Westrick and I have agreed upon an ambition program of work for him, during the coming year. His goals for the next evaluation period include: . Complete Legion and Settlemier Park Master Plans . Complete third and fourth ball fields at Centennial Park . Complete Greenway Master Planning . Complete Community Center Planning and address financing for "activity centers" . Revise the Comprehensive Parks Plan, and Parks SDC's . Increase grants writing, to fund capital improvements, and develop a greater working knowledge of capital financing alternatives . Plan and implement a City-wide volunteer coordination program . Complete an analysis of means to create 30 hour per week assignments, while limiting the city's exposure to health insurance costs . Re-organize to reduce the number of part-time employees working in recreation programs . Tighten departmental personnel policies . Focus greater attention on financial management, and on entrepreneurial opportunities to enhance department revenues. As with other senior managers under contract, Mr. Westrick will accrue 10 days per year of Executive leave, and will forego accruing compensatory time off for work in excess of forty hours per week. Other major provisions of the agreement allow three months severance if he is terminated without cause, paid membership in a professional organization, and use of a city vehicle or reimbursement at the IRS rate for travel in his personal vehicle on city business. The agreement compensates Mr. Westrick for the responsibilities he will execute during its term, sets into place a mechanism for recognizing performance in the future, and establishes a competitive salary for future recruitment of a Recreation and Parks Director. For these reasons, your approval of an employment agreement, and authorization for execution by the City Administrator, is respectfully recommended. 94 . ''!11'''''. T I~- -'I"" Honorable Mayor and City Council December 10, 2004 Page 4 . . FINANCIAL IMPACT: The attached agreement increases the Director's base compensation from $62,316 to $70,800 annually. It increases the total cost of salary and benefits, including all city-paid benefit costs, from approximately $84,338 to approximately $95,821 annually. The total cost of this increase in 2004-5 is $approximately $5,742 and will be supported by the General Fund. 95 ',"",". T '.,... .,.. Employment Agreement for Recreation and Parks Director Services THIS AGREEMENT made and entered into this 14th day of December, 2004, by and between the City of Woodburn, an Oregon municipal corporation, hereinafter referred to as "City", and D. Randall Westrick, hereinafter referred to as "Westrick", both of whom understand and agree as follows: RECIT ALS WHEREAS, City desires to employ the services of Randall Westrick as Recreation and Parks Director of the City of Woodburn and to provide an inducement for him to remain in such employment; and WHEREAS, it is the desire of the City to provide certain benefits, establish certain conditions of employment, and to set working conditions of said Employee; and WHEREAS, Westrick desires to maintain employment as Recreation and Parks Director of the City of Woodburn; and WHEREAS, the City Administrator has authority to execute this agreement on behalf ofthe City. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: 1. Duties. City hereby agrees to employ Randall Westrick as the Recreation and Parks Director ofthe City of Woodburn to perform on a continuing basis the functions and duties which are generally described in the City's Municipal Ordinances and the Recreation and Parks Director's job description, and to perform other legally permissible and proper duties and functions as the City Administrator shall from time to time assign. 2. Hours of Work. Westrick shall devote his full work time to the duties and responsibilities of his position, and any additional work time reasonably required to discharge the duties and functions as assigned. Westrick may not be engaged in other employment during time off without the specific written authorization of the City Administrator. 3. Term. The term of this Agreement shall be for three (3) years commencing on January 1,2005, and ending December 31, 2007 at 5:00 PM ("Services Period"). The term of this Agreement may be extended by written consent of the parties for a period mutually acceptable to both parties. (Continuing Service Period). If the parties decide to extend this Agreement, negotiations shall commence by October 1,2007. 4. Termination. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of City for any reason whatsoever with or without cause to terminate the Page 1 - Recreation and Parks Director Employment Agreement 96 ,'""" . T' '..""'". services of Westrick at any time prior to the expiration of the Services Period, or Continuing Services Period. 5. Termination for Cause. If Westrick is terminated during the term of this Agreement for cause, City shall have no obligation to pay the severance pay under this Agreement. For the purposes of this Agreement, "cause" is defined as follows: A. Indictment for an illegal act. If such indictment does not ultimately result in conviction, then Westrick shall receive severance pay. If the indictment does ultimately result in a conviction, Westrick shall not receive severance pay; or B. Abandonment by Westrick of his position as Recreation and Parks Director; or C. Determination by City that Westrick is guilty of fraud, dishonesty or any other act of misconduct in performance of Westrick's duties on behalf of City. Such determination by City shall be made in accordance with disciplinary and grievance procedures set forth in the adopted personal policies of the city in force and effect on the date of the alleged misconduct. 6. Resignation. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Westrick to resign at any time from this position with City subject to the provisions of the Agreement. In the event Westrick voluntarily resigns this position before the expiration of the aforesaid term of employment, Westrick shall give City a minimum of thirty (30) days written notice, unless the parties agree otherwise. Failure to provide less than the minimum notice required, as described in this section, will obligate Westrick to pay City for value of his base salary at the time of resignation for the number of days difference between 30 days written notice, and the actual number of days notice gIven. 7. Severance Pay. If City elects to terminate this Agreement within Service Period, City will pay Westrick a lump sum severance pay equaling three (3) months of base salary. Severance shall be paid within thirty (30) days of the date of termination. 8. Compensation. Effective January 1,2005, City agrees to pay Westrick a base salary of $5,900 per month, for services rendered. Such salary shall be payable in installments at the same time as the regular employees of City are paid. Annually, and based upon a performance evaluation by the City Administrator, an increase in salary will be negotiated. 9. Use of Automobile. Westrick may have use ofa City-owned vehicle to conduct City business when such a vehicle is available. When such a vehicle is not available, causing Westrick to use his privately owned vehicle, or where Westrick elects to use his privately owned vehicle, he shall be reimbursed by City for actual business travel at the maximum amount per mile allowed by the Internal Revenue Service. 10. Executive Leave. In lieu and in place of compensatory time off applicable to other management employees, Westrick shall accrue ten (10) executive leave days per year. Page 2 - Recreation and Parks Director Employment Agreement 97 . ,-.' ... '......,. 11. PERS Payment. City shall pay One Hundred Percent (100%) of Westrick's retirement benefit paid to the Oregon Public Retirement System (PERS) (i.e., both the "employee" and "employer" portions) on Westrick's behalf, as long as he is employed by City. 12. Other Benefits. Westrick shall receive all other benefits regarding wages, hours and other terms and conditions of employment as other permanent management employees of the City. Westrick shall be allowed to participate in City's deferred compensation program. 13. Prior Accumulated Leave. Employee shall be credited for all the vacation time, annual leave, sick leave, and compensatory time off which he accumulated during the term of the Previous Agreement and prior to the execution of this agreement. 14. Performance Evaluation. The City Administrator shall evaluate Westrick's performance at least once annually. The evaluation shall be in accordance with specific criteria developed the City Administrator and with goals and performance objectives developed jointly by the City Administrator and Westrick. The City Administrator shall provide Westrick with a summary written statement ofthe findings of the evaluation process and adequate opportunity for Westrick to discuss the evaluation with the City Administrator . 15. Professional Development. A. City agrees to pay for professional fees, dues and subscriptions on behalf of Westrick that are reasonably necessary to the participation in organizations necessary and desirable for continued professional growth and advancement. B. Subject to available funds and City Council appropriation, City agrees to pay the travel and subsistence expenses of Westrick for official travel, meetings and occasions reasonably adequate to continue the professional development of Westrick, and to reasonably pursue necessary official functions for the City. C. Subject to available funds and City Council appropriation, City agrees to pay travel and subsistence expenses for travel to and attendance at Oregon Recreation and Park Association Conferences. D. Westrick shall maintain throughout the life of this Agreement a valid membership in the Oregon Recreation and Parks Association. City shall pay for this membership. 16. Liability. City agrees to indemnify, hold harmless and defend at its expense Westrick from any and all claims, actions, losses, damages, charges, expenses or attorney's fees to which Westrick may be subject to arising out of, or resulting from, the performance of his official duties hereunder, excepting from criminal acts or gross negligence. Notwithstanding the foregoing, City's obligation under this Section shall not apply to any punitive or exemplary damages that may be awarded by a Court against Westrick. 17. Other Terms and Conditions Page 3 - Recreation and Parks Director Employment Agreement 98 . ''Ir . T' ,.1P. .," A. City may from time to time fix other terms and conditions relating to Westrick's performance hereunder, provided such terms and conditions are not inconsistent or in conflict with the provisions of this Agreement. B. Westrick shall perform his duties in accordance with all the laws, ordinances, rules and regulations applicable to his position. C. The entire Agreement between the parties with respect to the subject matter hereunder is contained in this Agreement. Except as herein expressly provided to the contrary, the provisions of this Agreement are for the benefit of the parties solely and not for the benefit of any other person, persons or legal entities. Westrick acknowledges that he has not been induced to enter into this Agreement by any representation or statements, oral or written, not expressly contained herein or expressly incorporated by reference. City makes no representations, warranties or guarantees, expressed or implied, other than expressed representations, warranties and guarantees contained in this Agreement. 18. Notice. Any written notice hereunder shall become effective as of the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addresses as stated in this Agreement, or at such other address as may hereafter be specified by notice in writing. In lieu of mailing, written notice shall become effective as of the date it is personally delivered to the addressee. Any notice required to be given under the terms and conditions of this Agreement shall be given as follows: City of Woodburn John C. Brown, City Administrator 270 Montgomery Street Woodburn, OR 97071 Randall Westrick, Recreation and Parks Director 515 Jana Avenue Woodburn, OR 97071 19. Severability. If any part, term, or provision ofthis agreement is held by the courts to be illegal or in conflict with the laws of the State of Oregon, the validity of the remaining portions of the Agreement shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision. In Witness Whereof, the parties hereto have executed this Agreement on the day and year first written above. CITY OF WOODBURN RECREATION AND PARKS DIRECTOR John C. Brown Randall D. Westrick Page 4 - Recreation and Parks Director Employment Agreement 99 . T' T '........,. ,;~"'o.::-...V~~l -" ,,:~:cr ~;~~ WQ.Q:QJiVRN III "." I'.' r.1 I C ,J j.'\ S >l 1J/4~_ ~ L 12K r~~(~ . . December 13, 2004 TO: FROM: Honorable Mayor and City Council John C. Brown, City Administratorft SUBJECT: Cancellation of December 27, 2004 Meeting RECOMMENDATION: It is recommended the City Council cancel its December 27, 2004 meeting. BACKGROUND: Pursuant to City Charter, the City Council is required to meet regularly, at least once a month. The Council usually meets twice monthly to conduct City business. The Council occasionally holds additional meetings due to pressing business, or cancels a meeting due to holiday schedules or lack of business. DISCUSSION: The Council has routinely canceled its second meeting in December because of that meeting's proximity to the Christmas Holiday, and because far fewer business transactions are typically necessary during the latter half of December. Accordingly, it is recommended your Council cancel the December 27, 2004 meeting. FINANCIAL IMPACT: There is no financial impact associated with the recommended action. Agenda Item Review: City Administrat City Attorney ~ Finanee 100 I~'- " ....--;"_.4 ,./\, k--;.....o'.<i'<~ ~;(;!'7~~. W6QQBl.L~N / If .. ..:: r p 0 r " I ~ d f S 8 9 14A A~'~ . . December 13,2004 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Mulder, Director of Community Development /~ J I ( I- SUBJECT: Planning Commission's Approval of Conditional Use 04-07, DR 04-13, VAR 04-19 & VAR 04-20. 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 December 9,2004, the Planning Commission adopted a final order approving Conditional Use 04-07, DR 04- 13, V AR 04-19 & V AR 04-20 for conditional use and design review approval of a 400 square foot well house and variances to landscaping and paved driveway width standards for the subject site located at 3099 N. Pacific Highway. The subject property is located at 3099 North Pacific Highway and is identified on Marion County Assessor's Maps as Township 5 South, Range 1 West, Section 4C, Tax Lot# 3100. On May 21, 2004 the Community Development Director approved a request by the City of Woodburn to partition a 0.23 acre flag lot from the subject property (Partition Case File No. 04-02). The partition plat has not been recorded yet. The flag lot is the proposed location of the 400 square foot well house. On June 10, 2004 the Woodburn Planning Commission approved a variance to reduce the required flag lot driveway access for a commercial or industrial use from 30 feet to 20 feet for access to the city well site on the subject site (Variance Case File No. 04-09). The City of Woodburn is requesting conditional use and design review approval for a 400 square foot well house to be located on the 0.23 acre flag lot. This proposed 400 square foot well will provide water to be treated at the city water treatment plant currently under construction at the southern end of National Way. The City of Woodburn is also requesting variance approval to the landscaping standards of the WDO and variance approval to Section 3.1 04.05.E.1.a of the WDO to reduce Agenda Item Review: City Administrator _ City Attorney ~ Finanee 101 "IW'" . T '.'''', ". Honorable Mayor and City Council December 13, 2004 Page 2 . . the required 26 foot minimum commercial and industrial driveway access width to 15 feet. The subject property is zoned Industrial Park (IP) and designated Industrial on the Comprehensive Plan Map. The adjacent properties to the south, east and west are zoned Industrial Park (IP) and designated Industrial on the Comprehensive Plan Map. The property to the south and east is currently in use as the Patrick Industries manufacturing facility, and the property to the west is used as manufactured home storage for Fleetwood Homes of Oregon. The undeveloped property to the north is located outside the City Limit and Urban Growth Boundary, and zoned Marion County Exclusive Farm Use (EFU). A non-significant wetland area (MC-19) traverses the northwest corner of the property. A wetland land use notification form has been sent to the Division of State Lands (DSL) Wetland Program. The applicant will be required to obtain the appropriate removal-fill permits from DSL for any work done in the wetland area. The wetland is a part of the existing open storm water collection system that originates to the west and traverses the site to connect with an ODOT drainage easement to the east. A condition of approval from the Public Works Department requires that a f100dway of 40 feet shall be maintained on the existing open drainage channel in accordance with Ordinance 2018. The proposed well house is not located in the 40 foot wide floodway. The subject site is located outside of the 500-year floodplain. The applicant and property owner is the City of Woodburn. DISCUSSION: None. FINANCIAL IMP ACT: There is no financial impact associated with the recommended action. 102 . ,,,.... T' '.l",," .,.. /-', (i~~~~~114 WQQ:Q!i~~N I't:""fvc,,,:rd '839 14B ~~ . . December 13, 2004 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Mulder, Director of Community Development ~ Planning Commission's Approval of Design ~view 04-16 and Variance 04-27 SUBJECT: 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 December 9, 2004, the Planning Commission adopted a final order approving administrative (Type II) Design Review 04-16 to construct an 864 square foot accessory building in the northeast corner of the Simon-Woodburn Funeral Chapel property. The Planning Commission also approved Variance 04- 27 to waive Woodburn Development Ordinance Section 2.1 05.05.C.2 requiring a solid brick or architectural wall to be constructed abutting the adjacent RS zone to the north of the subject site. The subject site is located at 1050 N. Boones Ferry Road, north of the intersection of Boones Ferry Road and Mt. Hood Avenue. It is identified specifically on Marion County Assessor Map T5S, R1 W, Section 07BD, Tax Lot# 2400. The subject property is zoned Commercial Office (CO) and designated Commercial on the Woodburn Comprehensive Plan Map. An existing 8,208 square foot funeral home, 2,139 square foot private residence, 96 square foot accessory structure, landscaping and off street parking area are located on the site. Adjacent properties to the south and east are also zoned CO and designated Commercial on the Woodburn Comprehensive Plan Map. The property to the north is zoned Single Family Residential (RS) and designated Residential <12 Units Per Acre on the Woodburn Comprehensive Plan Map. The property to the west (across Boones Ferry Road) is zoned Public/Semi-Public (P/SP) and designated Open Space and Parks on the Woodburn Comprehensive Plan Map. The commercial property to the south is in use as the Agenda Item Review: City Administrato _ City Attorney ~ 103 Honorable Mayor and City Council December 13, 2004 Page 2 . . Woodburn Ambulance Service and the commercial properties to the east are occupied by off street parking for the Tukwila Center for Health and Medicine. The Public/Semi-Public property to the west (across Boones Ferry Road) is the location of Lincoln Elementary School and French Prairie Middle School. The property to the north is a maintained greenway. No wetlands are located on the subject site and it is located outside of the 500-year floodplain. The applicant and property owner is Robert Cornwell, Cornwell Family, LLP. DISCUSSION: None. FINANCIAL IMPACT: There is no financial impact associated with the recommended action. 104 . ''IIr" T '.''''. ,... ~-,\ , t?;;':::'~!r';r~:4 . '.~="'~"" " "..'.. WQQDB'\J~N III ( ~ r p :; r tI : r d I 8 ii oJ 14C ~~ . . December 13,2004 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Mulder, Director of Community Development f/tv7 / Planning Commission's Approval of Design teview Variance 04-29 04-21 and SUBJECT: 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 December 9, 2004, the Planning Commission adopted a final order approving administrative (Type II) Design Review 04-21 to convert the existing public parking lot located at 350 N. First Street (Warzynski Plaza) to a public plaza featuring sidewalks, benches, landscaping, a fountain and a gazebo. The Planning Commission also approved Variance 04-29 to waive the boundary street improvement standard for Garfield Street, designated a Minor Arterial by the Woodburn Transportation System Plan (TSP). The subject site is located at 350 N. First Street in downtown Woodburn. It is identified specifically on Marion County Assessor Map 15S, R 1 W, Section 18AB, Tax Lot #s 2800 and 3200. The subject property is zoned Downtown Development and Conservation (DOC) and designated Commercial on the Woodburn Comprehensive Plan Map. Properties located to the north, south, east and west are zoned Downtown Development and Conservation (DOC) and designated Commercial on the Woodburn Comprehensive Plan Map. Abutting uses to the north (across Hayes Street) include an imports retailer and beauty salon. Uses located to the south (across Garfield Street) include a bakery, record store and the Woodburn Public Works Department. Abutting properties to the east (across Mayor's Alley) are used as a restaurant, vacant City-owned structure (Association Hall), attorney's office and general merchandise store. Uses located to the west (across N. First Street) include legal services, automotive maintenance and a chiropractic Agenda Item Review: City Administrat City Attorney _ Finane 105 '",",' . T' '...". Honorable Mayor and City Council December 13, 2004 Page 2 . . clinic. No wetlands are located on the subject site and it is located outside of the 500-year floodplain. The applicant and property owner is the City of Woodburn. DISCUSSION: None. FINANCIAL IMPACT: There is no financial impact associated with the recommended action. 106 . ''!lI''" ' 1" ,.,'t11> ''r /"_.", (~. W~Q.DB~~N 14D ~~ J " t ,; , f :: f ,I : r rI ~ <" j 9 . . December 13, 2004 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Mulder. Director ot Community Development ~ SUBJECT: Planning Commission's Approval of Design Review 04-12, Conditional Use 04-06 and Variance 04-21 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 December 9, 2004, the Planning Commission adopted a final order approving Design Review 04-12 to install a 3,694 square foot modular classroom structure to establish a K-2 charter school, the Arthur Academy Mastery Learning Institute. The Planning Commission also approved Conditional Use 04-06 to establish an elementary school in the RS zone and Variance 04-21 to waive the connecting street improvement standard for Gatch Street, designated a Service Collector by the Woodburn Transportation System Plan (TSP). The subject site is located at 591 Gatch Street. It can be identified specifically on Marion County Assessor Maps as T5S, R1W, Section 18AA, Tax Lot #s 5600, 5700 and 5800. The proposed charter school is located on tax lot #5800, which is a flag lot with access across tax lot #5700. The subject properties are zoned Single Family Residential (RS) and designated Residential (less than 12 units per acre) and Open Space and Parks on the Comprehensive Plan Map. The site is developed as the Mid-Valley Baptist Church with an existing 7.703 square foot church and 100 square foot accessory structure, off street parking and landscaping features. The properties to the north, south, east and west are zoned RS and designated Residential (less than 12 units per acre) and Open Space and Parks on the Comprehensive Plan Map. Residential homes occupy properties to the north, south and east. The parcel to the west is currently undeveloped and contains a significant wetland (MC-3B) Agenda Item Review: City Administrat City Attorney ~ Finane 107 '-' ... '..".. .,. Honorable Mayor and City Council December 13, 2004 Page 2 . . and a portion of the 100-year and 500-year Mill Creek FEMA floodplain. A portion of the FEMA floodplain traverses the western portion of the subject site. The property owner is Mid-Valley Baptist Church. The applicant is Tim Schlabach c/o Arthur Academy. DISCUSSION: None. FINANCIAL IMP ACT: There is no financial impact associated with the recommended action. 108 . ''rn''" . Y' ;.'.... 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