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Agenda - 01/10/2005 WOODBURN CITY COUNCIL AGENDA JANUARY 10, 2005 - 7:00 P.M. CALL TO ORDER AND FLAG SALUTE ROLL CALL ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. City Hall and the Woodburn Public Library will be closed Monday, January 17, 2005, in observance of the Martin Luther King holiday. The Aquatic Center will be open with an extra open swim from 1:00 p.m. to 3:30 p.m.. B. A Supplemental Budget Hearing will be held on January 24, 2005 at 7:00 p.m. in the Council Chambers 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. Appointments: D. Committee/Board Appointments PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: None. COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn Downtown Association "Ha/~r~i int~rpretes i)bponi[~[es para acl~[{as personas clue no ~ab/an InO[~sJ prevfo acuer~)o. Com~tniq.ese a[ (503) 98o-e-485." January 10, 2005 Council Agenda Page i 6. COMMUNICATIONS e A. Willamette Broadband Letter dated December 28, 2004 2 BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council consideration not already scheduled on the agenda. CONSENT AGENDA - Items listed on the consent agenda are considered routine and ma)~ be enacted b)/ one motion. An); item may be removed for discussion at the request of a Council member. A. Woodburn City Council minutes of December 13, 2004, regular 3 and executive sessions Recommended Action: Approve the minutes. B. Council Work Session minutes of December 6, 2004 14 Recommended Action: Approve the minutes. C. Woodburn Recreation and Parks Board minutes of December 20 14, 2004 Recommended Action: Accept the minutes. D. Woodburn Public Library Board minutes of December 8, 2004 22 Recommended Action: Accept the minutes. E. Building Activity for December 2004 26 Recommended Action: Accept the report. F. Planning Project Tracking Sheet dated January 5, 2005 27 Recommended Action: Accept the report. G. Claims for November 2004 31 Recommended Action: Accept the report. H. Woodburn Memorial Aquatic Center Revenue Comparison 35 Recommended Action: Accept the report. TABLED BUSINESS None. 10. PUBLIC HEARINGS None. January 10, 2005 Council Agenda Page ii 11. 12. 13. 14. 15. 16. GENERAL BUSINESS- Members of the public wishing to comment an 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. A. Council Bill No. ~- Resolution initiating consideration of proposed amendments to the Woodburn Comprehensive Plan text and map, Woodburn Development Ordinance, Woodburn Zoning Map, and expansion of the Urban Growth Boundary resulting from completion of all periodic review work tasks Recommended Action: Adopt the resolution. Council Bill No. 2551 - Resolution setting the amounts of the Parks and Recreation systems development charges; maintaining the alternative rate review fee; repealing Resolution 1748; and establishing an effective date Recommended Action: Adopt the resolution. Ce FY 2003 Local Law Enforcement Block Grant Funds Recommended Action: Approve the acceptance of grant funds in the amount of ,$6,450.00, and authorize the City Administrator to sign the Grant Agreement (Award Conditions and Certifications). D. Boones Ferry Road/Hwy. 214 Temporary Signal Recommended Action: Receive the report. NEW BUSINESS PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These are Planning Commission or Administrative Land Use actions that may be called up by the City Council. A. Community Development Director's approval of Design Review 04-20 (Colonial Gardens) CITY ADMINISTRATOR'S REPORT MAYOR AND COUNCIL REPORTS EXECUTIVE SESSION None. 36 39 44 55 63 17. ADJOURNMENT January 10, 2005 Council Agenda Page iii WOODBURN 3D January 5, 2005 TO: FROM: SUBJECT: City Council . Kathy Figley, Ma~~-~ Committee/Board Appointments The following reappointments are made, subject to the approval of the Council. Please forward any adverse comments to me prior to Council Meeting Monday, January 10, 2005. No reply is required if you approve of my decisions. Bud,clet Committee - 3-Year Term: Position I Cindi Vetter - Reappointment, new term ends 12/31/07 Plannin,q Commission - 4-Year Term: Position 1 Position 4 Patti Grigorieff- Reappointment, new term ends 12/31/08 Claudio Lima - Reappointment, new term ends 12/31/08 Recreation & Park Board - 3-Year Term: Position I Brad Hutchison - Reappointment, new term ends 12/31/07 (WlLLAM TTE BROADBAND December 28, 2004 John Brown City of Woodburn 270 Montgomery Street Woodbum, Oregon 97071 Dear John, Effective February 1, 2005, Standard Basic will be $38.99. It is necessary to make this small adjustment do to increases in operating costs, particularly programming fees. Economy Basic will remain at $17.49. As part of our continuing dialogue with our customers for more products and services, TV Land and Country Music Television were added to our Standard Basic service. ESPN2, Bravo, The National Geographic Channel and Superstation WGN- Chicago were repositioned to our Standard Basic service. The Travel Channel, Outdoor Life Network and Galavision were launched as part of our Standard Basic service and several new digital channels were added, as well, including TRIO, Noggin, and Style. Customers will receive more information and revised channel cards. Willamette Broadband will continue to provide the best Cable Service possible to our customers. If you have any questions, do not hesitate to contact me at (503) 982-1261. Sincerely, President Willamette Broadband, LLC. With office locations at: 184 N. Grant St., Canby, Oregon 97013, 503 263 8080 669 Glatt Circle, Woodburn, Oregon 97071, 503 982 4085, Fax 503 982 4804 Mailing address: P.O. Box 568, Woodburn, Oregon 97071 2 8A COUNCIL MEETING MINUTES DECEMBER 13, 2004 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, DECEMBER 13, 2004. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0130 ROLL CALL. Mayor Figley Present Councilor Bj elland Ab sent Councilor Cox Present Councilor Lonergan Present Councilor McC allum Present Councilor Nichols Present Councilor Sifuentez Present Staff Present: City Administrator Brown, Assistant City Attorney Won, Public Works Director Tiwari, Police Chief Russell, Community Development Director Mulder, Finance Director Gillespie, Park & Recreation Director Westfick, Public Works Manager Rohman, Recorder Tennant Mayor Figley stated that Councilor Bjelland was not in attendance since he was out of town. 0044 OATH OF OFFICE. Recorder Tennant administered the Oath of Office to Mayor Figley, Councilor Nichols (Ward I), and Councilor Sifuentez (Ward VI). Mayor Figley expressed her appreciation to the voters for re-electing her as Mayor and she looked forward to serving the citizens of Woodbum over the next two years. ELECTION OF COUNCIL PRESIDENT. Mayor Figley requested that the Councilors write down on paper their choice as to who should serve as Council President for the next two years. Councilor McCallum questioned if a motion could be made in lieu of the written process outlined by the Mayor. Mayor Figley stated that a motion would be acceptable. MCCALLUM/NICHOLS... nominated Councilor Sifuentez as Council President and a unanimous ballot be cast for her. The motion passed unanimously. 0329 ANNOUNCEMENTS. A) The Library will be closed on Monday, December 20, 2004, for staff training on the new CCRLS automation system. Page 1 - Council Meeting Minutes, December 13, 2004 3 COUNCIL MEETING MINUTES DECEMBER 13, 2004 TAPE READING B) Holiday Closures: City Hall will be closed beginning 12:00 noon on December 23rd and will re-open on Monday December 27th for the Christmas holiday observance. For the New Years holiday observance, City Hall will be closed on Friday, December 31, 2004. The Library will be open on Friday, December 24~h, from 8:00 am until 12:00 noon and will re-open on Monday, December 27th. For the New Years holiday observance, the Library will be closed on Saturday, January 1, 2005. The Aquatic Center will have open swim December 20-23, 2004 from 1:00 pm to 4:00 pm and will be closed December 24 and 25, 2004. Open swim will resume on December 27-31, 2004 from 1:00 pm to 4:00 pm and the Center will be closed on Saturday, January 1, 2005. C) Mayor Figley stated that there are vacancies on the Library Board and Planning Commission and urged interested citizens to contact the City Administrator's office for an application form. 0490 CHAMBER OF COMMERCE REPORT. Scott Roerig, representing the Chamber, distributed copies of the monthly statistics for the Mayor and Council to review. He stated that the Chamber has been active in receiving inquiries from both within and outside of the community. Upcoming Chamber events include: 1) Chamber Forum Lunch at the Settlemier House on December 15th at 12:00 noon; 2) Greeter's Program at West Coast Bank on Friday, December 17, 2004; and 3) Greeter's Program at Country Meadows on Friday, January 7, 2005. 0614 Richard Jennings, 595 Filbert St., stated that his biggest complaint is that there are not more citizens that come down to City Hall to thank the Mayor and Council for the work that they do for our community. He reviewed the accomplishments of the Council and Mayor over the last year and for the effort they make individually to address issues that come before them in a very professional manner. He also stated that staff leadership is a key component in getting the information to the Council so that responsible decisions can be made by the governing body. 1041 Diana Sarono stated that she is a member of the Chamber's Leadership Youth program which consists of 25 students from Woodburn, Gervais, and North Marion High Schools who meet monthly to discuss a variety of issues. Since the start of the program for this school year, topics covered included the importance of cultural differences, and the history of Woodburn, Gervais, and Hubbard. For Christmas, their group will adopt a family consisting of a single mother and four children and they will be providing dinner for the family along with gigs. Their next meeting will be tomorrow (December 14th) and they will be visiting local industries and companies around Woodburn to learn how these Page 2 - Council Meeting Minutes, December 13, 2004 4. COUNCIL MEETING MINUTES DECEMBER 13, 2004 TAPE READING businesses operate. Future meetings will include the group's visit to non-profit organizations and learn about local government. She stated that Leadership Youth has provided her with an opportunity to learn not only about her community but about herself and the importance of, along with different ways, in which she can give back to her community. 1305 CONSENT AGENDA. A) approve the Council minutes of November 22, 2004; B) approve the Special Council minutes of November 29, 2004; C) accept the Library Board minutes of November 10, 2004; D) accept the Planning Commission minutes of November 4, 2004; E) accept the Planning Commission work session minutes of November 10, 2004; F) accept the Planning Commission Special Meeting minutes of November 18, 2004; G) accept the Library Monthly Report for November 2004; H) accept the status report on the Library Automated System conversion; I) accept the Building Activity Report for November 2004; J) accept the Planning Project Tracking Sheet dated December 8, 2004; and K) accept the Aquatic Center Revenue Comparison report. NICHOLS/MCCALLUM... accept the Consent Agenda as presented. The motion passed unanimously. Mayor Figley stated that the agenda lists the first General Business item as Council Bill 2544, however, that bill has been renumbered to Council Bill 2550. 1410 COUNCIL BILL NO. 2550 - RESOLUTION ESTABLISHING THE COMPENSATION SCHEDULE FOR CERTAIN HOURLY AND SEASONAI J 1492 EMPLOYEES. Councilor Sifuentez introduced Council Bill 2550. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote, the bill passed unanimously. Mayor Figley declared Council Bill 2550 duly passed. COUNCIL BILL NO. 2545 - RESOLUTION AUTHORIZING TRANSFER OF APPROPRIATIONS WITHIN A FUND DURING FISCAL YEAR 2004-05. Councilor Sifuentez introduced Council Bill 2545. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2545 duly passed. Page 3 - Council Meeting Minutes, December 13, 2004 TAPE READING COUNCIL MEETING MINUTES DECEMBER 13, 2004 1550 COUNCIL BILL NO. 2546 - RESOLUTION AUTHORIZING THE TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL 1710 YEAR 2004-05. Council Bill 2546 was introduced by Councilor Sifuentez. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor Cox stated that the Council had received a comprehensive staff report on accounting measures that need to made to adjust the City's budget based on actual expenses and does not involve any new expenditures. Administrator Brown stated that, in the past, staff has grouped some of these adjustments thereby bring less resolutions before the Council to consider adopting. However, this year staff is attempting to bring adjustments before the Council as they arise which provides for better budget control at the staff level. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2546 duly passed. COUNCIL BILL NO. 2547 - 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. Council Bill 2547 was introduced by Councilor Sifuentez. Recorder Tennant read the bill by title only since there were no objections from the Council. Mayor Figley stated that this bill relates to bookkeeping mechanisms necessary in order to proceed with our Police Facility planning. This bill, along with the next two Council Bills, are being considered by the Council in order to get the bond issue ready for bids and to move forward with obtaining the services of an architect in order to meet the spring construction season. Councilor McCallum stated that it was his understanding that waiting to take action on these issues could delay the building of the facility by several months. Administrator Brown stated that the expected bond closing date is March 9, 2005 and waiting until the closing date to contract for architectural services will delay the project. This resolution allows the City to go ahead and contract for these services before the closing date and then be reimbursed for expenditures made from bond proceeds. Secondly, this bill provides notice to the public as to what equipment and furnishings are included in this new facility that are planned for purchase with bond proceeds. If a member of the public elects to challenge one or more of the listed furnishings, they can do so in tax court. By providing this notice at this time, issues relating to use of bond proceeds for equipment and furnishings will be resolved before the bonds are sold. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2547 duly passed. Page 4 - Council Meeting Minutes, December 13, 2004 6 TAPE READING COUNCIL MEETING MINUTES DECEMBER 13, 2004 1989 COUNCIL BILL NO. 2548 - RESOLUTION AUTHORIZING AN INTER-FUND LOAN FROM THE TRAFFIC IMPACT FEE FUND TO THE POLICE 2153 FACILITIES CONSTRUCTION FUND. Councilor Sifuentez introduced Council Bill 2548. The bill was read by title only since there were no objections from the Council. Administrator Brown stated that by moving forward with the architectural services will allow the City to get ready for a spring construction schedule. The intent of this bill is to borrow from the Traffic Impact Fee Fund which has adequate money to pay the architect services and then the fund would be reimbursed once the bond closes for the amount of the loan plus 2.25% interest which is slightly more than what the City is currently receiving on interest payments and less than what would have to be paid if the City secured bond anticipation notes from a private source. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2548 duly passed. COUNCIL BILL NO. 2549 - RESOLUTION APPOINTING GROUP MACKENZIE ENGINEERING, INC. AS A CONSULTANT TO PROVIDE ARCHITECTURAL SERVICES FOR THE WOODBURN POLICE FACILITY AND AUTHORIZING SAID AGREEMENT IN AN AMOUNT NOT TO EXCEED 2345 $410,000. Council Bill 2549 was introduced by Councilor Sifuentez. The bill was read by title only since there were no objections from the Council. Councilor Cox stated that he was comfortable with the Resolution but he wanted a brief report from the Administrator as to why the City is not accepting proposals from other firms at this time. Administrator Brown stated that the City's legal department has done an extensive review on this issue and they feel that the City is on good legal ground for entering into an agreement with this firm who had been contracted to do the police facility pre-design work. It was noted that a pre-design phase did involve a Request for Proposal process and Group MacKenzie Engineering had been selected by the City for pre-design services. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2549 duly passed. WIRELINE CROSSING AGREEMENT WITH UNION PACIFIC RAILROAD 2360 Mayor Figley stated that this agenda item will be deferred since there are still some specifics of the agreement that need to be discussed between the City and Union Pacific. 2005 TOURISM AND ECONOMIC DEVELOPMENT GRANT AWARD Mayor Figley stated for the record that she is an unpaid Director of Cascade Scenic Railway Inc which is a 501(c) (3) organization. Page 5 - Council Meeting Minutes, December 13, 2004 7 COUNCIL MEETING MINUTES DECEMBER 13, 2004 TAPE READING NICHOLS/SIFUENTEZ... accept the recommended action to award 2005 Tourism and Economic Development Grant funds to the Woodbum Chamber of Commerce and to Cascade Scenic Railway [nc in the amounts not to exceed $44,000 and $8,000 respectively, and to authorize the City Administrator to execute fee for services agreements with the Woodburn Chamber of Commerce and Cascade Scenic Railway [nc.. Councilor Cox stated that one of the items in the Chamber's grant was seed money for the Drums of Fire program and he questioned if those dollars would be a grant or a loan. Administrator Brown stated that this would be a grant to provide them with operating revenue into the future. He stated that there was a $6,000 balance remaining from prior years grants that could be made available for disbursement this year and since it meets the grant criteria, the committee has recommended that those dollars be available for this event but it could be treated as either a grant or a loan. If the funds are a grant, then he can negotiate with a grant recipient after the Council has made the award. Councilor Cox felt that the proposal is clearly within the scope of what the funds can be spent for, therefore, it is a policy question as to whether or not the money is given to the Chamber or to give them the money with the expectation that it will be repaid if they make money. Even though they will need seed money from year to year, the City should only give them the funds once since they should be able to make enough money off of one event to replenish their seed money for the next year. Councilor McCallum stated that he also had a concern on this proposal since the Drums of Fire event has been held here in Woodburn for a number of years and his interpretation of "seed money" is that the program is just getting started. It was noted that higher priced Corps units had performed last year and the Chamber did not make as much money as they thought they would to offset expenses. He did not want it to be perceived that this grant is a bailout, however, he would agree with this grant proposal provided that, in the future, an annual subsidy is not given to the Chamber for this event. He also noted that the review committee consisted of two Woodburn businesses and a City staff member. He was impressed with the committee's work, concerns, items brought out, and suggestions made which resulted in an excellent job in their recommendations. Administrator Brown stated that he did not expect to see an available balance over the next few years which could be used as additional grant funds. He also stated that it has been increasingly difficult to get three people from the outside together on the same evening to evaluate these applications which is why a staff member was assigned to the committee. On roll call vote, the motion passed unanimously. 2924 BID AWARD: UTILITY TRACTOR, Bids for a utility tractor to be shared by Street Maintenance and Parks Maintenance were received fi.om the following vendors: Oregon Vineyard Supply Co, $44,439.00; Linn Benton Tractor, $46,968.00; Lenon Implement Co., $49,160.25; and Ernst Hardware Co., $49,850.00. Page 6 - Council Meeting Minutes, December 13, 2004 $ COUNCIL MEETING MINUTES DECEMBER 13, 2004 TAPE READING NICHOLS/COX... award the bid for the purchase of a utility tractor to Oregon Vineyard Supply Co., in the amount of $44,439.00. Councilor Lonergan questioned the business location of Oregon Vineyard Supply Co.. Public Works Manager Rohman stated that they are located in Aurora, Oregon. The motion passed unanimously. 2977 RECREATION AND PARKS DIRECTOR EMPLOYMENT AGREEMENT 3029 3096 NICHOLS/MCCALLUM .... approve and authorize the City Administrator to execute an employment agreement with D. Randall Westrick, Recreation and Parks Director, effective January 1, 2005. The motion passed unanimously. CANCELLATION OF DECEMBER 27, 2004 REGULAR COUNCIL MEETING MCCALLUM/NICHOLS... cancel the December 27, 2004 City Council meeting. Mayor Figley stated that the City Charter requires that the Council meet only once a month. The motion passed unanimously. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commission's approval of Conditional Use 04-07, Design Review 04-13, Variance 04-19 and Variance 04-20: Application for conditional use and design review of a 400 sq. foot well house along with variances for landscaping and paved driveway width standards located at 3099 N. Pacific Highway. B) Planning Commission's approval of Design Review 04-16 and Variance 04-27 (Simon-Woodburn Funeral Chapel, 1050 N. Boones Ferry Road): Application to construct a 864 sq. foot accessory building in the northeast comer of the property and waiver of the development ordinance requirement to construct a solid brick or architectural wall along the north property line. C) Planning Commission's approval of Design Review 04-21 and Variance 04-29 (Warzynski Plaza, 350 N. First Street): Application to convert the existing parking lot to a public plaza and to waive the boundary street improvement standard for Garfield Street which is a designated minor arterial. D) Planning Commission's approval of Design Review 04-12, Conditional Use 04-06, and Variance 04-21 (Arthur Academy Mastery Leaning Institute, 591 Gatch Street): Application to install a 3,694 sq. foot modular classroom structure to establish a K-2 charter school in an RS (residential single family) zone. No action was taken by the Council on these land use actions. Page 7 - Council Meeting Minutes, December 13, 2004 9 COUNCIL MEETING MINUTES DECEMBER 13, 2004 TAPE READING 3190 CITY ADMINISTRATOR'S REPORT. Council Goal Setting Workshop: Administrator Brown stated that he would like to schedule a goal setting workshop for either January 8, 2005 or January 15, 2005. He requested that the Mayor and Councilors contact his office to let staff know date preferences so that a workshop can be scheduled. He also stated that staff is planning on holding a budget meeting on the last Saturday of January which is why he is looking at scheduling the goal setting workshop earlier in January. 3346 MAYOR AND COUNCIL REPORTS. Councilor Cox stated that he also had some major problems with the railroad agreement and requested that staff contact him to discuss the issues before staff gets to far into the finalization of the agreement. Councilor Cox stated that for approximately two months the Council was assured by staff that the reason for the delay in the traffic signal movement was that it was ODOT's fault since they had to approve the City's application. The City now has the permit and is moving ahead with the temporary signal, however, he feels that there was a miscommunication to the Council as to the status of the permit. He had received some information from Planning Commission members that the hold up was on the part of the City and not ODOT. He requested that the Council receive a full report on the earliest possible date. Administrator Brown stated that it was his understanding that the permit itself was not applied for until recently since ODOT requires a complete design approval before they would allow the City to submit the design package with the permit application. There was quick turnaround on the permit application. Staff did have discussion with the Council on how staff was having difficulty with ODOT in getting the approvals needed and staffmight not have been clear enough with Council about what staff was trying to get approval of. He is still waiting to get some more specific information from staff regarding plan submittal for review, length of time to get those plans approved, and what changes were required during that period of time. Councilor Cox stated that the Council had been assured that the work would be completed before school started, however, that was not the case and his point is that the City should not blame ODOT for the delay if in fact City staff was the cause for the delay. Public Works Director Tiwari stated that there are two processes followed: 1) plan approval of the design by ODOT, and 2) permit process once the design plan has been approved. He briefly reviewed the design approval process which does flow through more than one ODOT office which resulted in some delay. He stated that there must have been some miscommunication and is interested in knowing what the rumors are so that he can respond to those rumors. Administrator Brown stated that staff will complete the time line process for inclusion in a Council report. Page 8 - Council Meeting Minutes, December 13, 2004 10 TAPE READING COUNCIL MEETING MINUTES DECEMBER 13, 2004 In regards to the current project status, Director Tiwari stated that the temporary traffic signals are still on wires but the permanent signals will be on masts when the intersection is improved. It is anticipated that the intersection will be improved next summer and the City has purchased the fight-of-way on Settlemier Avenue in order to expedite the improvement project. Councilor Cox stated that he did attend the seminar on Ballot Measure 37 and felt that it was a good two-day session. Based on information received at the seminar, it seems very unlikely that the Oregon Legislature will make material changes to the measure during the upcoming session. It is unlikely that the legislature will even clear up the ambiguities and will most likely wait until the next legislative session since the voters passed the measure based on specific language content and they would like to have it go through the system for a period of time before they make any changes. He also felt that the ordinance passed by the Council is better than ordinances adopted by other local governments. He did not think that the City would get a large number of Measure 37 claims but claims will be filed involving rural areas in the City's urban growth boundary and other rural areas beyond the urban growth boundary. He stated that he had attended a different seminar on Measure 37 which was also very good. An issue brought up in these meetings focused on big box stores that have outlived their usefulness and are now vacant creating an economic and visual blight on the commercial areas. Councilor Nichols thanked his constituents who voted him back into office for the next 4 years. He also thanked the Mayor for allowing him to work on the Mayor's Music Festival which was a very good two-day evening program. He also felt that Mr. Jennings comments regarding professionalism was an accurate statement and assured the citizens that the Council will continue to work towards improving our community. Councilor Lonergan congratulated the Mayor on a successful Christmas Tree Lighting Program. Councilor McCallum thanked ODOT for cleaning out the brush in the interchange area. He questioned if, under the current sign ordinance, if the individuals waving the signs are in violation of the sign ordinance. Director Mulder stated that he would need to look into the definition of temporary signs and will report back to the Council. Councilor McCallum also expressed concern regarding the use of delivery trucks parked in different directions on their parking lot in order to advertise their business. Councilor Cox stated that the Focus Group spent hours trying to draft language that would address these types of issues and it is very difficult to write something that will past legal standards and yet be fair to all parties. Page 9 - Council Meeting Minutes, December 13, 2004 11 COUNCIL MEETING MINUTES DECEMBER 13, 2004 TAPE READING Councilor McCallum agreed with Councilor Cox and feels that the new standards will make the City more attractive as signs are replaced. Councilor Sifuentez also thanked the voters in her Ward for giving her another 4 years on the Council. Additionally, she thanked the Councilors and Mayor for being visionaries with the goal to make Woodbum a wonderful City and a wonderful place to live, work, and play in. She expressed her appreciation to the staff for their great work in providing information to the Mayor and Council. Mayor Figley reiterated her thanks to the voters for her re-election to office and to the Council and staff for making her job, for the most part, easy and a pleasure to perform. 5676. 5730 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn into executive session under the authority of ORS 192.660(1)(h) and ORS 192.660(1)(0. NICHOLS/COX... adjourn into executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned into executive session at 8:20 p.m. and reconvened at 8:28 p.m. Mayor Figley stated that no action was taken or decisions made by the Council while they were in executive session. ADJOURNMENT. NICItOLS/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:29 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 10 - Council Meeting Minutes, December 13, 2004 12 Executive Session COUNCIL MEETING MINUTES December 13, 2004 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON., DECEMBER 13, 2004. CONVENED. The Council met in executive session at 8:22 p.m. with Mayor Figley presiding. BOLL____CALL Mayor Figley Present Councilor Bj elland Absent Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Mayor Figley reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Brown, Assistant City Attorney Won, City Recorder Tennant The executive session was called under the following statutory authority: 1) To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660(1)(h); and 2) To consider records that are exempt by law from public inspection pursuant to ORS 192.660(1)(0. ADJOURNMENT. The executive session adjourned at 8:27 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page ! - Executive Session, Council Meeting Minutes, December 13, 2004 13 8B COUNCIL WORK SESSION MINUTES DECEMBER 6, 2004 TAPE READING Tape 1 - Side A .01 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, DECEMBER 6, 2004 CONVENED. Mayor Figley convened the work session at 6:30 p.m. for the purpose of meeting with the Planning Commission to continue discussion on proposed changes to the drat~ Transportation System Plan. ROLL CALL. Mayor Figley Present Councilor Bj elland Present Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Nichols Absent Councilor Sifuentez Absent (6:58 pm) Planning Commission Members Present: Patti Griegorieff, David Vancil Staff Present: City Administrator Brown, Community Development Director Mulder, City Attorney Shields, Public Works Director Tiwari, Public Works Manager Rohman, City Recorder Tennant Consultant: Steve Perone, CH2M Hill (TSP Project Manager) Also present: Terry Cole, ODOT 1.3 Mayor Figley stated that this is the third workshop to discuss proposed updates to the Transportation System Plan (TSP) which will then be forwarded to the Planning Commission and City Council for public heatings and further discussion. The staff memo focuses on the following four issues that were brought up at the last work session: 1) Need for sidewalks in Senior Estates; 2) Need to designate Settlemier Avenue as a historic corridor with modified street design standards; 3) Need for a new north-south collector street west of Settlemier Avenue; and 4) Prioritization of improvements within the Transportation System Plan. Sidewalks in Senior Estates. Steve Perone stated that this issue was further reviewed by City staff, Consultants, ODOT, and LCDC within the context of the transportation planning rule designation relative to the roadways where sidewalks are recommended. As a result of their review, they continue to recommend that the current draf~ Transportation System Plan be maintained to safely connect neighborhoods and provide access to commercial areas. Page 1 - Council Work Session Minutes, December 6, 2004 COUNCIL WORK SESSION MINUTES DECEMBER 6, 2004 TAPE READING Additionally, the Transportation Planning Rule requires sidewalks along arterial, collector, and most local streets and, even though Country Club, Astor Way, Oregon Way, and Cascade Drive are considered access streets they still have the primary function of connecting Senior Estates with adjacent arterial streets. Discussion was held regarding the fight-of-way impact since there may be side yards and landscaping that need to be removed in order to accommodate the sidewalks. It was noted that along Astor Way, which is a street wider than the required standard, could have a sidewalk built from the existing curb into the street area and still have the standard size street width. Public Works Manager Rohman stated that the section of Country Club Road from Boones Ferry Road west to Astor Way will have sidewalks on both sides of the street when it is improved. On Oregon Way, there may be some difficulty in constructing a sidewalk since many homes are relatively close to the street while on Cascade Drive a portion of the street will have sidewalks on both sides in the commercial area but may have a sidewalk on only one side of the street in the residential area. He stated that the draft plan includes the sidewalks but it will be in later years (15 years or longer) and financial considerations play a part in when improvements are made. Councilor McCallum stated that sidewalks should be in neighborhoods for safety reasons, however, residents in established neighborhoods should not be responsible for paying the cost to construct sidewalks in their area. Mayor Figley expressed her opinion that unpaved streets should be paved with the limited funds that are available rather than constructing sidewalks in established neighborhoods. Additionally, the neighborhoods in Senior Estates do not want sidewalks in front of their homes and they are actively opposing this proposal. Councilor Cox disagreed with comments made by the consultants and LCDC in that his reading of the Division 12 DLCD rules are contrary to what the planners have put before the Council and Planning Commission regarding sidewalks. He referenced his memo to staff dated September 29, 2004 addressing the sidewalk issue and access street designation. He agreed that Country Club Road east to Boones Ferry Road is an access street and needs to have sidewalks constructed when the road improvement takes place. Some of the streets have been reclassified from the 1996 TSP and he could not find any justification as to why the reclassification took place, in particular, Oregon Way was a local street and Cascade was an access street. The dram plan reverses the designation so that Oregon Way is an access street and Cascade is a local street. He stated that Senior Estates is a fully developed community and there should not be any substantial increase in traffic that would make it necessary to construct the sidewalks. He also stated that the DLCD rules require the City to adopt an ordinance to implement a plan and inclusion of the sidewalks in these areas would eventually require the City to provide finance for and install the sidewalks. The plan does require LCDC acknowledgment and he feels that a TSP without sidewalks would still get acknowledgment from LCDC since the City's Page 2 - Council Work Session Minutes, December 6, 2004 15 COUNCIL WORK SESSION MINUTES DECEMBER 6, 2004 TAPE READING Side B 4.5 1996 plan did not include sidewalks in this area. He reviewed excerpts of the rules which also address the elements of a transportation plan and emphasized that the rules refer to layout standards for extension of existing streets and connections to existing or planned streets rather than already developed areas. The rules do state that the plan include a public transportation plan, a bicycle/pedestrian plan (both of which would apply to the City) and some other plans that would not apply to the City. He also referred to Section 35 of the rules that relate to the evaluation and selection of alternatives that can reasonably be expected to meet identified transportation needs in a safe manner at a reasonable cost with available technology. Section 40 pertains to financing which has not been addressed in the draft plan and Section 45 relates to plan implementation. He stated that the rule requires the City to implement the plan by adopting regulations and modifying development code, adopt land use or subdivision ordinance regulations to protect transportation facilities for their identified functions, and adopt land use or subdivision regulations for urban areas in newly developed areas. His interpretation of the rules do not require the sidewalks in Senior Estates as recommended in the draft plan and feels that the consultants have taken one small phrase out of the rule which does not apply to the situation being addressed to justify the reason as to why they feel it should be included in the draft plan. He stated that all rules need to have a statutory authority and the bicycle and pedestrian plan are under ORS 366.514 which contains exemption language if certain conditions exist. He reiterated his opinion that the City is not required by LCDC to construct sidewalks in Senior Estates even though the consultants recommend that the sidewalks should be constructed. The City should only include sidewalks in the plan for this area if it makes sense and is a good expenditure and commitment of public funds. He is agreeable to sidewalks on Country Club Rd. from Boones Ferry Road to Astor Way. Sidewalks on Astor Way are more debatable because Astor Way is designated as an access street rather than a local street, however, it is a wide street. He stated that Astor Way has been in existence for 42 years and it has worked well without a sidewalk especially when you consider how much pedestrian traffic is on that roadway. In regards to Oregon Way, a sidewalk will impose a significant impact to the property owners and homeowners will object to the construction of a sidewalk in front of their homes. Terry Cole stated that the TSP Technical Advisory Committee consisted of Jim Mulder, Randy Rohman, Steve Perone, himself, and a representative from LCDC. This Committee has brought forth a recommendation that is their best interpretation of the regulations and a decision can be made to change the recommendation. He is familiar with LCDC interpretation of rules and that is part of the reason as to why the Committee made the recommendation as presented in the draft plan. Mayor Figley stated that the City's revised zoning ordinance made two exceptions in order to accommodate existing development in established areas. Those exceptions were Page 3 - Council Work Session Minutes, December 6, 2004 16 COUNCIL WORK SESSION MINUTES DECEMBER 6, 2004 TAPE READING 20.3 30.6 Senior Estates and an overlay in the downtown historic district. Terry Cole stated that the Planning Commission and Council could determine that there may be other circumstances fi.om a policy standpoint that would direct the Committee to change or modify their recommendation. He also provided some information on financial sources that may be available to fund proposed TSP improvements. Councilor Cox stated that new developments would be required to make improvements consistent with the TSP however there are no funding mechanisms in place to make improvements in existing developments. He expressed his opinion that including something in a plan that the governmental body does not seriously feel that they will be able to accomplish is poor public policy and it can have unknown and unattended consequences that detract fi.om the credibility of the local government. Discussion was held regarding redevelopment issues that would also impact the TSP in areas such as the urban renewal district. Steve Perone stated that the long range plan is a mix of needs and he feels that the recommendations as presented do present a fair mix of requirements, needs, and aspirations. In regards to the Senior Estates sidewalk recommendations, he felt that the sidewalk on Country Club Rd west of Astor Way towards Princeton Rd could be removed from the draft TSP and still meet the spirit and intent of the law. He also felt that their recommendations do go slightly above the bare minimum but does not feel that they are proposing a recommendation that is unrealistic. ' Councilor Cox stated that this is the third time that the draft plan has been before the Council and Commission for review and to date no change has been made. He feels that the Committee needs clear direction from the Council and Commissioners in order to move forward with this project. The Mayor summarized the direction to the Committee to be that (1) the sidewalks on Country Club east of Astor Way are more than acceptable and to be included in the TSP, (2) all other sidewalks in Senior Estates are to be deleted from the TSP, and (3) establish the connection the sidewalk on the east side of Cascade to where river rock is in front of the mobile home park and the connection with the sidewalks on both sides of Hayes Street east of Cascade Drive are to be kept in the TSP. 32.8 Designation of Settlemier as a Historic Corridor: Mayor Figley stated that she lives on Settlemier Avenue and questioned why the corridor does not extend to another 2 blocks further south to Ben Brown Lane which is still 100% residential and just before the area that was improved at the Parr Road intersection. Terry Cole agreed that the extension could be made and stated that they would make the adjustment on the draft plan. Brief discussion was held regarding the need to adopt ordinance language that would address thc historic designation thereby maintaining a narrower street width for this designated arterial street. Page 4 - Council Work Session Minutes, December 6, 2004 17 COUNCIL WORK SESSION MINUTES DECEMBER 6, 2004 TAPE READING 37.7 Tape 2 New North-South Collector West of Settlemier Avenue: Discussion was held regarding potential alternatives for a new north-south collector street which would help to reduce traffic flow on Settlemier Avenue. Included in the memo was a drawing of a new collector street network that would be constructed as land is developed in the area south of Hayes Street and east of Nellie Muir School. Mayor Figley stated that the proposed upgrades to Front Street will be very beneficial and will result in some reduction of traffic on Settlemier Avenue. She recognizes that there will continue to be high traffic volume on Settlemier but having streets available designed for higher capacity will make a difference. In summary, the direction given was to proceed based on the recommendations for the Settlemier historic district and for the other options listed in the memo. Some discussion was also held regarding the historic street district to also apply to the downtown historic overlay district. 24.4 Project Priorities: Mayor Figley questioned what traffic control device(s) will be needed at the Parr Road / Settlemier Avenue intersection within the next 10-15 years. Terry Cole stated that the Committee will look into this question to see if a traffic control device should be included in the priority list and, if so, it may be added to the 15-20 year list. Commissioner Vancil suggested that Evergreen Road at Highway 2'14 be improved within the next few years since large trucks use Evergreen Road to get back to Wal-mart and the curb area at the intersection has been destroyed. It was noted that there is a STIP project proposed to reconstruct that area in as early as 2006. Another area of concern was the need to provide traffic signalization at the Meridian/Hwy 214/Fifth Street intersection within the next 10 years rather than 10-15 years since the traffic volume continues to increase at that intersection. Additionally, there has been some discussion regarding the opening of Fifth Street as a through street thereby increasing the traffic flow onto Highway 214. Administrator Brown also suggested that the traffic signal at Park Avenue and Highway 214 also be moved up from the next 15-20 years to the next 10 years to meet both traffic and pedestrian concerns in that area. Commissioner Vancil questioned if street lighting improvements on Settlemier Avenue is included in the draft plan. Public Works Manager Rohman stated that street lighting is not included in the draft plan but staff will look into the issue. Page 5 - Council Work Session Minutes, December 6, 2004 18 TAPE READING COUNCIL WORK SESSION MINUTES DECEMBER 6, 2004 39.6 The work session concluded at 8:35 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 6 - Council Work Session Minutes, December 6, 2004 19 8C MINUTES Woodburn Recreation and Parks Board Tuesday, December 14, 2004 7:00 pm City Council Chambers 1. Herb Mittmann, Chair, called the meeting to order at 7 pm Roll Call Members present: Herb Mittmann, Chair; Rosetta Wangerin, Vice-chair; Ann Meyer, Member; Cristal Sandoval, Member; Bruce Thomas, Member; Joseph Nicoletti, Member, Brad Hutchison Staff present: Randy Westrick, Director; Barbara Nugent, Recreation Services Manager; Steve Newport, Facilities and Aquatics Manager; Paulette Zastoupil, A.A. Approval of Minutes from October 12, 2004. Motion to accept the minutes was made by Herb Mittmann and seconded by Rosetta Wangerin. Business from the Audience: Pamela Veelle, Woodburn Art Center shared that they were working on a transition that will include more youth and adult art programs. She invited Business to apply for positions on the Woodburn Art Center Board, and she is currently working to link with businesses to work together expanding programs and tourism. Division Reports Recreation and Leisure Services - Barbara Nugent Barbara once again expressed the need for more indoor gym space. Woodburn has a serious growth issue, with a need for available gym space to be used by schools, youth and adult sports groups. She shared that she has exhausted all possibilities and has even considered teaming up teams for practiCe to utilize the available weekday space. After School Club enrollment has increased with 103 students at Washington and 115 students at Lincoln. Dusky Steyaert has been organizing activities for teens and will give a quarterly report to the Board. Barbara shared interest in having businesses advertise in the brochure. Dance, Dance, Dance has finished with their 2004 holiday performances. Aquatics Division -Steve Newport Steve reported that open swim has opened back up in the afternoon, and the pool will be available for kids on early release days and vacation time. Water Aerobics has challenged all participants to a New Year-New You and to lose 3-4 pounds. Cindy Morrison has received her Aquatics Certification. Swim lessons had 423 fourth grade students this session. Steve complimented Kathy Willcox in creating the new lay out for the Recreation 20 Reporter. He also shared with the board that the Aquatic Center is offering Lifeguard Class to High School students at no cost. Also, the Red Cross will be doing Babysitting Training in January. Parks and Facilities - Randy Westrick Hermanson Pond Randy shared with the Board that we are still waiting on permits. Mill Creek Greenway The Task Force would like to have a workshop before the next Board meeting to pull together what has already been done, then report to the Board. The GIS department is finalizing maps. Le.qion Park Master Plan Dave Walters, M.I.G. will consult with our department on the impact the Police Facility will have to Legion Park. Herb Mittmann expressed the need to be on a parallel track in both plans and he intends to work closely with Chief Russell through the design and planning work. Randy also shared that a staff committee has been formed as well. Special Event Policies Herb Mittmann read the changes previously made to the policy and then the Board added a few minor adjustments. Herb then asked the audience for further comments. Edna Eiler shared that the Board had answered most of her questions, but she was still unsure how DbA was measured. Randy explained that the coming year was going to be a testing time to gain knowledge of dBA measuring limits. The department will keep documented records of testing before each event this season. The Board will then take another look at the policy in November 2005 and determine changes. Bruce Thomas asked if there was a form that event organizers filled out. Randy explained that when meeting with the organizers, the form is filled out. This process gives the flexibility to adjust and agree on specific needs to ensure a successful event. The Board asked staff to prepare a policy for finial recommendation at the January meeting. Future Board Business · Next meeting, January 11,2005 · Woodburn Art Center · Mill Creek Greenway Master Plan workshop, January 11, 2005 at 5:30 p.m. · Report from Community Center Task Force · Board reorganization- select Chair and Secretary 10, Board Comment None. Meeting was adjourned at 8:15 pm 21 8D MINUTES MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD DATE: ROLL CALL: STAFF PRESENT: GUESTS: CALL TO ORDER: SECRETARY'S REPORT: December 8, 2004 Mary Chadwick - Present Yesenia Chavez - Absent Neal Hawes - Absent Ardis Knauf- Present Kay Kuka - 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 November 10, 2004 were approved and seconded. CORRESPONDENCE: None. PUBLIC COMMENT: None. DIRECTOR'S REPORT: Monthly Statistics: Circulation was up slightly in November. In answer to the board query regarding "In-house Use", it is defined as books and other Library materials that have been taken from the shelves, but not checked out. The Library keeps daily records of these materials, so that we know what is of interest to patrons, even if they didn't take it home. Once the new system is in place, the Library will be able to generate more such statistics themselves, rather than needing to rely on CCRLS. Activities: The Library is maintaining basic programs, even as the staff prepares for the advent oflII. On December 20 and 21, the days immediately preceding the new system, no holds can be placed, and the staff cannot check in Library materials. All checkouts will be done manually. There will be no courier delivery service on those days. Staff Training Day: Linda Sprauer, Library Director, will hold a Staff Training Day on Monday, December 20. From 8-5pm, staff members will receive further III training, and participate in team-building activities. Due to different work shifts and departments within the Library, some staff members seldom see others, and so this is a day when everyone can be together. 22 There will be a staff potluck at noon that day. Linda is requesting that the Police Department send an officer to address Library concerns, such as gangs and potential gang members, drug usage, graffiti and other security issues. In addition, the Fire Department is being invited to come and show Library employees where the water main shut- offvalve is, how to use the Library fire extinguishers, evacuation procedures and what to do in emergencies. III: One of the primary reasons for switching to III is that the present Dynix system is outdated, and will not be supported any longer by the parent company. On Wednesday, December 22, all 17 Libraries in the Chemeketa Cooperative Regional Library Service area will be going live with III, also known as Millennium Silver. CCRLS staff will be standing by on December 22, ready to assist with any difficulties. One person from each library is designated the 'contact person', and will be the only one to call CCRLS with questions, in order to maintain manageable communication levels. The Woodburn Library will observe its regular hours, from 10- 8 pm, on Dec. 22 and 23. On Friday, December 24th, the Library will be open from 8am-12noon. We will be closed on Christmas Day, as well as Sunday, December 26. Beginning on Monday, December 27, the Library will observe regular hours until Jan 1, when we are closed for New Year's, and again on January 17, which is Martin Luther King Day. Volunteers will be trained to do holds on III towards the end of December. Daniel Peterson, Assistant Library Director, will be available at the Library as necessary, to do one-on-one training. Youth Services Activities: On Saturday, December 18, Mrs. Claus will return to the Children's Room with her pet bunny. She has come for several years now, and is very popular with the children. "The Muppet Christmas Carol" will be shown in its entirety as part of the Popcorn Video presentation on December 23, followed by "Spy Kids" on Saturday, December BOth' Volunteer of the Month: Audrey Pister is the Volunteer of the Month for December. Audrey was an unofficial volunteer for some time, doing whatever was needed, before actually being counted as a volunteer. She presently takes books to homebound Woodbum residents. Recently, the staff member who does Spanish Storytime had emergency surgery, and Audrey stepped into the breach and did the storytime, so that none of the children would be disappointed. Marie Brown: It has been regretfully reported that Marie Brown's husband passed away on November 18th, 2004. Marie was a Library Board Member until Jan. 2004, when she retired 2 to deal with health issues. It was suggested that the Library Board might want to send her a card of condolence. Library Computers: In anticipation of the III system's increased memory demands, the Library computers' memory is being upgraded. Some of our computers are owned by the City, and some by CCRLS. Each entity will be responsible for increasing memory to at least 256mb. CCRLS has saved the money to pay for the upgrades over a period of years, so it will not cost the taxpayers anything extra. Linda has contracted with IS to bring City computers up to speed, and the Library will pay for any memory upgrades higher than 256mb. Recently, the Library has received two new computers: one in Tech Processing, and the other in Dan's office. They should be ready to convert to III, along with the rest of the computers, on December 22. Although some glitches are inevitable, by mid-January the III system should be running smoothly throughout the Library system. Public Relations: Linda sent a press release and agenda information about the III changeover, to the Woodburn Independent recently. Security System: The Library's security system is now under contract with Willamette Valley Security. They have upgraded the system, and installed a new keypad for the alarm. Friends of the Library: The Friends had their latest quarterly meeting on Monday, Dec. 6 at 2:30pm at the Library. It was decided that they would pay $250 for the 'Mrs. Claus' Youth Services program, which will be held on Saturday, December 18. Neal Hawes, Treasurer for the Friends of the Library, reported that he has opened a money market account in the amount of $5,500. In January, he and Sandy Kinney will begin work on next summer's Music in the Park program, as well as the July 4th Centennial Park celebration. Neal will contact and line up sponsors, and Sandy will decide who the performers are for the summer concerts. She is looking for a marching band for the July 4th concert. The Friends have agreed to hold their bi-annual Book Sale on April 22 and 23, once the tax season is over and the Library's Carnegie Room is no longer needed for tax preparation. Tax Season: AARP will be meeting at the Library, beginning January 3, to train tax volunteers. In February, they will begin assisting people to do their taxes. Kathy Hammack is in charge of scheduling this year. OLD BUSINESS: None. NEW BUSINESS: BUSINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: ADJOURNMENT: Ardis Knauf's term as Library Board Member expires this month. She will not be renewing her term. However, she is willing to remain in the position until a replacement is found. Ardis will contact Kathy Figley, Mayor, and arrange to begin the replacement process. In January, the Board will have an election of new officers. The meeting was adjourned at 7:31 pm. Respectfully submitted, Vicki Musser 9-15 CITY OF WOODBURN Community Development MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 Date: To: From: Subject: January 3, 2005 Jim Mulder, Community Development Director Building Division Building Activity for December 2004 (503) 982-5250 2002 2003 2004 Dollar Dollar Dollar No. Amount No. Amount No. Amount New Residence Value 9 $1,285,992 17 $2,861,325 6 $1,099,449 Multi Family 0 $0 0 $0 0 $0 Assisted Living Facilities 0 $0 0 $0 0 $0 Residential Adds & Alts 3 $23,599 5 $112,165 2 $10,220 Industrial 0 $0 0 $0 0 $0 Commercial Value I $1,500 6 $76,700 13 $543,545 Signs, Fences, Driveways 2 $5,260 0 $0 6 $26,145 Manufactured Homes 2 $75,000 1 $60,000 1 $25,000 TOTALS 17 $1,393,351 29 $3,110.190 28 $1,704,359 Fiscal Year (July 1- $9,600,303 $19,262,740 $15,565,919 June 30) to Date I:'~e~mu~ity Develol~nent~Bldg~Building Activity~BldgAct.2004\Bidg Acti~ty * Memos~clJ~ty · December 2004.v43d so-s-r :r~au - .L33HS ~NI)IOYIdl 103rOl:Jd ~)NINNY'Id ~llelOtq 1::IgHS ~)NINOVEI.L J.OgrOIdd ~3NINNY'Id J.D,=IHS ~)NI)IOVI:I.L .LO:ll'Ol:ld ~DNINNV'Id 'fA OgOI. le $.L~):lrOl::ld 3~3NVI~ ~9N0'1 00' 00' 00' 00' 00' 00' 00' 00' O0~ O0~ 00' 00' 00' 00' 00' 00' 00' 00' 00' 00' 00' 00' 00' 00' 00' 00' 00' 00' 00' 00' 00' 00' 00' 00' 00' 00' 00' 00' 00' 00' 00' 00' 00' 00' 00' 00' 00' 00' 00' 00'ISI 00'IBI S~A Q3qIDNOD~ NOIi~Od~OD XIC]~ ~005'S0/II 5999£ 00'S£ 00'SE $3A 03qIDNOD~ A~$~qOH~ S~ P00~'S0/II I999L E~'6I£'I 5~'6I£ I S3i G~qIDNOD3~ iS~M0 ~00~'S0/II 09~9L ' LS3MO 500E'S0/II 6S~9L 66'A£L'99 66'££L'99 S3A ~qIDNOD~ DI~iD~ ~W~NSO ~b~/Si~Od 900~'q0/II £559£ 00'0£ 00'0£ S~A ~Z~IDNOD~ ~MM~/SM. 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L6'91L'~- 60Z'g E£'8~;~' I [- PO0'Cj[: C9g'99 8g'808'~' 0 608'E suo!ssa3uoD al*SaM SlmU~l suo!ss!mp¥ ~u*~o a3u~aU{O ~00~ -~00~ ~00~ -~00~ luno3ae ~q al~p o1 J~OA i0/AlCI# Z;£'I~ i0/AKI# 6L£ fi^V -mllOC1 00' I- 00' 1- a3uo~oJl!(:] % ~6'£L'~'E[;- E0'I~gE'L I- 33u3]oJJ!G $ H~9'5 gLl'g 09g'~ 33tn~pu~llV 00'99£'6[ 00'0 g6'£L£'i;i[ 00'0 ~0 Pgi['LI qVJLOJ. WOODBURN 11A January '10, 2005 TO: Mayor and City Council through City Administrator FROM: SUBJECT: A Jim Mulder, Director of Community Development Resolution Initiating Consideration of Amendments Resulting from Completion of Periodic Review Work Tasks RECOMMENDATION: Approve the attached resolution initiating consideration of legislative amendments to the Woodburn Comprehensive Plan text and map, Woodburn Development Ordinance, Woodburn zoning map, and expansion of the Urban Growth Boundary resulting from completion of all Periodic Review Work Tasks. BACKGROUND: The City of Woodburn is currently in state mandated periodic review of its Comprehensive Plan (LCDC Work Order #00784). Under this review, the City is required to complete 11 work tasks. Work Tasks # 5 (Recreation, Parks and Open Spaces Plan) and 6# (Historic District and Downtown Plan) have already been completed and acknowledged by the Oregon Land Conservation and Development Commission (DLCD). City staff has now completed all remaining tasks. Completion of these remaining tasks requires the City to revise the Woodburn Comprehensive Plan text and map, Woodburn Development Ordinance, and Woodburn zoning map. In addition, to comply with state statutes mandating the city provide a 20-year buildable land supply, the City must expand its urban growth boundary (UGB). Extensive public involvement has occurred throughout the periodic review process. Four work sessions with the Planning Commission to review the proposed amendments and three work sessions with the City Council and Planning Commission to review the draft Transportation System Plan Update were recently completed. Staff now proposes to schedule the proposed legislative land use amendments for public hearings before the Planning Commission on February 3, 2005 and the City Council on March 28, 2005. The Woodburn Development Ordinance requires that the City Council initiate a legislative land use amendment by resolution. Agenda Item Review: City Administrat~-~' Cify Aftorney Iv(~ Finan¢ ' ,.~/~ 36 Mayor and City Council January 10, 2005 Page 2 DISCUSSION: Staff has prepared the attached resolution to initiate proposed amendments to the Woodburn Comprehensive Plan text and map, Woodburn Development Ordinance, Woodburn zoning map, and expansion of the Urban Growth Boundary resulting from completion of all Periodic Review Tasks. The resolution also refers the proposed amendments to the Planning Commission for recommendation to the City Council. FINANCIAL IMPACT: The financial impact associated with the recommended action has previously been addressed by budgeting the anticipated funds necessary to complete periodic review tasks. However, if the Council makes significant changes to the proposed amendments, or if there is an appeal or remand of the Council's decision, additional funding may be necessary to complete the proposed amendments. Attachment: Resolution Initiating Proposed Amendments COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION INITIATING CONSIDERATION OF PROPOSED AMENDMENTS TO THE WOODBURN COMPREHENSIVE PLAN TEXT AND MAP, WOODBURN DEVELOPMENT ORDINANCE, WOODBURN ZONING MAP, AND EXPANSION OF THE URBAN GROWTH BOUNDARY RESULTING FROM COMPLETION OF ALL PERIODIC REVIEW WORK TASKS. WHEREAS, the City of Woodburn has completed all remaining Periodic Review Work Tasks of LCDC Work Order #00784; and WHEREAS, the City Council desires to consider legislative amendments to the Woodburn Comprehensive Plan text and map, Woodburn Development Ordinance, Woodbum zoning map, and expansion of the Urban Growth Boundary resulting from completion of said periodic review tasks; and WHEREAS, Section 4.101.17 of the Woodburn Development Ordinance requires the City Council to initiate a legislative amendment by resolution; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Pursuant to Woodbum Development Ordinance Section 4.101.17, consideration of legislative amendments to the Woodburn Comprehensive Plan text and map, Woodburn Development Ordinance, Woodbum zoning map, and expansion of the Urban Growth Boundary is initiated and referred to the Planning Commission for recommendation to the City Council. ^pp ov as City Attorney APPROVED Date KATHRY'N 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 Page 1 - COUNCIL BILL NO. RESOLUTION NO. 38 WOODBUaN llB January 6, 2005 TO: FROM: SUBJECT: Mayor and City Council through City Administrator D. Randall Westrick, Recreation and Parks Director Parks and Recreation Systems Development Charges (SDC) P, evision RECOMMENDATION: Approve the attached resolution setting amounts of Parks and Recreation systems development charges. BACKGROUND & DISCUSSION: Ordinance 2250 includes a provision for the City Administrator to adjust the rates to account for increased cost for construction and land acquisition. This adjustment will take effect January 1 of each year. Staff has collected the data for use in the formula to calculate this amount. The formula, as outlined in the Ordinance, uses the Engineer News Record Construction Cost Index for Seattle to calculate increased construction costs and Marion Caunty Assessor's Office Average Market Value to calculate increased cost for land costs. The formula is: Change in Average Market Value x .50 + Change in Construction Cost Index x .50 = Systems Development Charge Adjustment Factor FINANCIAL IMPACT: A detailed calculation is attached. Taking into account these two indexes, the adjustment factor requires an increase of 7.7%. Attachments: Parks and Recreation SDC Revision Calculations- January 1,2005 Parks and Recreation SDC Resolution & Exhibit A Agenda Item Review: City Administrat "c~~ City Attorney Finance~_,~z/ 39 Parks and Recreation SDC Revision Calculations January 1, 2005 Index anuary 2003 Market Value January 2004 Market Value Chanc, le in Value x 50% Januar~ 2003 CCI Januar~ 2004 CCI Annual Adjustment Rate Value $1,340,010,713 $1,492,869,516 7561.98 7864.08 Adjusted Change 0.5570 0.5200 1.0770 Revised Parks and Recreation Unit Single-Family/Dwelling U Multi-F amily/Dwelling Manufactured Non-re Current Rate $1,513 $1,648 $27 Annual Adjustment Factor 1.0770 1.0770 1.0770 Proposed Rates w/Adjustment $1,630 $~,773 $~,093 $29 40 COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION SETTING THE AMOUNTS OF THE PARKS AND RECREATION SYSTEMS DEVELOPMENT CHARGES; MAINTAINING THE ALTERNATIVE RATE REVIEW FEE; REPEALING RESOLUTION 1748; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, ORS 223.297 - 223.314 authorizes local governments to impose system development charges; and WHEREAS, the City has developed methodologies to support the implementation of Parks and Recreation systems development charges; and WHEREAS, Parks and Recreation systems development charges; and WHEREAS, Ordinance No. 2250 provides that the amounts of the Parks and Recreation systems development charges shall be set by resolution; and WHEREAS, Ordinance No. 2250 provides for the imposition of fees to be charged for the review of alternative rates and alternative payment requests; and WHEREAS, Ordinance No. 2250 provides that the amounts of the fees to be charged for the review of alternative rates and alternative payment requests shall be set by resolution; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Parks and Recreation Systems Development Charaes. The Parks and Recreation Systems Development Charges Schedule attached as Exhibit "A" and incorporated herein is hereby adopted. Section 2. Alternative Rate Review Fee. The minimum fee for review of an alternative rate calculation is maintained at two-hundred-and-fifty dollars ($250), and shall be paid at the time the alternative rate calculation is submitted for review, if the City hires a consultant to assist in reviewing the information submitted, the cost of the consultant's review shall be shared equally by the City and the applicant, and the applicant shall pay this additional fee at the time the City decides whether or not to accept the alternative rate. Page 1 - Council Bill No. Resolution No. 41 Section 3. 12, 2005. Section 4. Effective Date. The effective date of this resolution is January Repea!. Resolution 1748, adopting the existing Parks and Recreation systems development charges, is repealed at the time that this resolution takes effect. Approved as to form: City Attorney Date Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant City Recorder City of Woodburn, Oregon Page 2- Council Bill No. Resolution No. 42 EXHIBIT "A" PARKS SYSTEM DEVELOPMENT CHARGES SCHEDULE Effective: January 12, 2005 DEVELOPMENT TYPE Single-family (also duplex and manufactured housing not in a park) Multi-family Manufactured housing (in a park) Non-residential SDC PER UNIT $1,630/dwelling unit $1,773/dwelling unit $1,093/dwelling unit $ 29/employee 4.3 11C TO: FROM: SUBJECT: December 29, 2004 Mayo[and City Council through City Administrator ~Marr, Executive Assistant, through Chief of Police,'~? FY 2003 Local Law Enforcement Block Grant Funds RECOMMENDATION: Approve the acceptance of grant funds in the mount of $6,450.00, and authorize the City Administrator to sign the Grant Agreement (Award Conditions and Certifications). BACKGROUND: For the Federal Fiscal Year 2003, Congress has appropriated $260 million for the continuation of the Local Law Enforcement Block Grant Program. This represents a decrease of $158 million from the year 2001. As was the case last year, some jurisdictions will not receive grant funds directly fi'om the Bureau of Justice Administration but are instead eligible to apply for funds - this year through the Oregon Office of Homeland Security. Woodburn is one such jurisdiction, and has applied for and been awarded funding in the amount of $6,450, contingent upon matching local funds of $717. DISCUSSION: With the implementation of the increased Traffic Unit and the Community Response Team, the Police Department is making some changes with regard to its fleet of vehicles. A traffic vehicle has unique equipment needs in order to function at an optimum level. Other vehicles need less specialized equipment. This grant funding will be used in support of these two projects by equipping the vehicles with the specific items necessary for their particular function. FINANCIAL IMPACT: The budget for this project calls for $7,651 for the purchase of supplies to convert the Chief's former vehicle for use as a traffic enforcement vehicle and to equip an already funded leased CRT command vehicle and the Chief's recently purchased vehicle with police radios. LLEBG funds will cover $6,450 of the total amount, requiring a match of $1,201. Match funds will come from the Police Department's current budget for operating supplies, line item #001.211.2121.5329. Agenda Item Review: City Administrato~_'/ City Attorney ,t"~,~ Finance,~, 4.4. -O-r6-gon Theodore R. Kulongoski, Governor December 17, 2004 REG"D DEC 2 0 20O4 Department of State Police Criminal Justice Services Division 400 Public Service Building Salem, OR 97310 (503) 378-3720 FAX (503) 378-6993 V/TTY (503) 585-1452 WOODBURN CITY ADMINISTRATOR'S OFFICE Mr. John Brown City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Dear Mr. Brown: Congratulations on your FY 2003 Local Law Enforcement Block Grant (LLEBG) award. Enclosed please find two copies of the Grant Award Conditions and Certifications (agreement). Please have both copies of the agreement signed by the Authorized Official (unit of local government; not the Chief or Sherifj9 and return both copies to my attention as soon as possible. Once the Director of the Criminal Justice Services Division signs the agreements you will be sent a signed copy for your files. Please note, grant funds cannot be awarded and sent until the signed agreements are received. A copy of the FY 2003 Local Law Enforcement Block Grant Management Handbook will be sent to the Program and Fiscal contacts once agreements have been received and the award payment has been sent. If you have any questions, please call me at (503) 378-4145 ext. 549. Sincerely, , Diana Fleming Grants Coordinator CJSD COPy OREGON OFFICE OF HOMELAND SECURITY CRIMINAL JUSTICE SERVICES DIVISION LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM GRANT A WARD CONDITIONS AND CERTIFICATIONS GRANTEE: AGENCY ADMINISTRATOR: PROGRAM CONTACT: FISCAL CONTACT: City o£ Woodbum 270 Montgomery Street Woodburn, OR 97071 John Brown Nita Mart nita.marr~ci.woodbum.ot.us Ben Gillespie ben.gillespie~ci.woodbum.or.us GRANT NO: FY 2003 AWARD: AWARD PERIOD: TELEPHONE: FAX: TFJ.F. PHONE: FAX: TRI .EPHONE: #03-$17 $6,450 lO/1/04 thm 9/30/05 (503) 982-5222 (503) 982-2370 (50.5) 982-2359 (503) 982-2370 (50.3) 982-5211 BUDGET INCOME Federal Grant Funds $6,450 Match Funds $717 Other Match Funds $484 EXPENSES Equipment $6,951 Supplies $700 TOTAL INCOME: $7,651 TOTAL EXPENSES: $7,651 This document along with the terms and conditions and grant application attached hereto, the GrantMana&ement Handbook and any other document referenced, constitutes an agreement between the Criminal Justice Services Division (CJSD) of the Oregon Office of Homeland Security and the Grantee. No waiver, consent, modification or change of tetras of this agxeement shall be binding unless agreed to in writing and signed by both the Grantee and CJSD. Such waiver, consent, modification or change, if made, shall be effective only m the specific instance and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. The Grantee, by signature of its authorized representative, hereby acknowledges that he/she has read this agreement, understands it, and agrees to be bound by its terms and conditions (including all references to other documents). Failure to comply with this agreement and with applicable state and federal rules and guidelines may result in the withholding of reimbursement, the termination or suspension of the agreement, demal of future grants, and/or damages to CJSD. 46 Page I - City of Woodbum TERMS AND CONDITIONS CONDITIONS OF AWARD The Grantee agrees to operate the program as described in the application and to expend funds in accordance with the approved budget unless the Grantee receives prior written approval by CJSD to modify the program or budget. CJSD may withhold funds for any expenditure not withha the approved budget or in excess of amounts approved by CJSD. Failure of the Grantee to operate the program in accordance with the written agreed upon objectives contained in the grant application and budget will be grounds for mediate suspension and/or termination of the grant agreement. The Grantee agrees that all public statements referring to the program must state that funds for this program come from the U.S. Department of Justice, office of Justice Programs, Bureau of Justice Assistance, and must state the percent or dollar amount of federal funds used in the program. C. Maintenance. Retention and Access to Records: Audits. Maintenance and Retention of Re¢grds. The Grantee agrees to maintain accounting and financial records in accordance with Generally Accepted Accounting Principles (GAAP) and the standards of the Office of the Comptroller set forth in the May 2002 Office of Justice Programs (OJP) Financial Guide, including without limitation in accordance with Office of Management and Budget (OMB)Circulars A- 87, A-102, A-122, A-128, A-133. All financial records, supporting documents, statistical records and all other records pertinent to this grant or agreements under this grant shall be retained by the Grantee for a minimum of five years for purposes of State of Oregon or Federal examination and audit. It is the responsibility of the Grantee to obtain a copy of the OJP Financial Guide from the Office of the Comptroller and apprise itself of all rules and regulations set forth. Access to Records. CJSD, Oregon Secretary of State, the Office of the Comptroller, the General Accounting Office (GAO) or any of their authorized representatives, shall have the right of access to any pertinent books, documents, papers, or other records of Grantee and any contractors or subcontractors of Grantee, which are pertinent to the grant, in order to make audits, examinations, excerpts, and transcripts. The fight of access is not limited to the required retention period but shall last as long as the records are retained. Audits. If Grantee expends $500,000 or more in Federal funds (from all sources) in its fiscal year, Grantee shall have a single organization-wide audit conducted in accordance with the provisions of OMB Circular A-133. Copies of all audits must be submitted to cJSD within 30 days of completion. If Grantee expends less than $500,000 in its fiscal year in Federal funds, Grantee is exempt from Federal audit requirements for that year. Records must be available for review or audit by appropriate officials as provided ia Section I.D.1 herein. Audit Costs. Audit costs for audits not requited in accordance with OMB Circular A-133 are unallowable. If Grantee did not expend $500,000 or more in Federal funds in its fiscal year, but contracted with a certified public accountant to perform an audit, costs for performance of that audit shall not be charged to the grant. D. Funding. Matching Funds. The Grantee acknowledges by accepting grant funds that all reported program match is in the form of a cash match and not in-kind or other federal funds. The Grantee acknowledges that all rules that apply to grant funds apply to match funds. Grant and match funds must be used only for Local Law Enforcement Block Grant funded prognms during the grant period to support the goals, objectives and activities as identified in the grant application. Match funds cannot be used to support activities that are not concurrently supported by Local Law Enforcement Block Grant funds. The Grantee certifies that match funds required to pay the non-Federal portion of the program shall be in addition to funds that would otherwise be made available to fund programs within the Local Law Enforcement Block Grant guidelines. Page 2 - City of Woodbum Supplanting. The Grantee certifies that federal funds will not be used to supplant state or local funds, but will be used to increase the mount of funds that, in the absence of federal aid, would be made available to the Grantee to fund programs within the Local Law Enforcement Block Grant guidelines. Eo Reports. Failure of the Grantee to submit the required financial, program or audit reports, or to resolve financial, program, or audit issues may result in the suspension of grant payments and/or termination of the grant agreement. Pro~ess Reports. The Grantee agrees to submit a report each quarter on its progress in meeting each of its agreed upon goals and obiectives and comprehensive evaluation plan. Reports must be received no later than January 31, 2005; April 30, 2005; July 31, 2005; and October 31, 2005. Any progress report that is outstanding for more than one month past the due date may cause the suspension and/or termination of the grant. Grantee must receive prior written approval from CJSD to extend a progress report requirement past its due date. 2. Financial Reimbursement Reports. In order to receive reimbursement, the Grantee agrees to submit the origja~ signed Request for Reimbursement (RFR) which indudes supporting documentation for an grant and match expenditu~s. RFRs must be received no later than January 31, 2005; April 30, 2005; July 2005; and October 31, 2005. Reimbursements for expenses will be withheld if progress reports are not submitted by the specified dates or ice incomplete. Any RFR that is outstanding for more than one month past the due date may cause the suspension and/or termination of the grant. Grantee must receive prior written approval from CJSD to extend an RFR requirement past its due date. Reimbursement rates for travel expenses shall not exceed those allowed by the State of Oregon. Requests for reimbursement for travel must be supported with a detailed statement identifying the person who traveled, the purpose of the travel the times, dates, and places of travel, and the actual expenses or authorized rates incurred. c. When requesting reimbursement for equipment costixag over $5,000, the Grantee agrees to provide a description of the equipment, purchase price, date of purchase, and identifying numbers if any. Reimbursements will only be made for actual expenses incurred during the grant period. The Grantee agrees that no grant funds may be used for expenses incurred before October 1, 2004 after September 30, 2005. Grantee shall be accountable for and shall repay any overpayment, audit disallowances or any other breach of grant that results in a debt owed to the Federal Government. CJSD shall apply interest, penalties, and administrative costs to a delinquent debt owed by a debtor pursuant to the Federal Claims Collection Standards and OMB Circulic A-129. Audit Reports. Grantee shall provide CJSD copies of all audit reports pertaining to this Grant Agreement obtained by Grantee, whether or not the audit is required by OMB Circular A-133. Indenmification. The Grantee shall~ to the extent permitted by the Oregon Constitution and by the Oregon Tort Claims Act, defend, save, hold harmless, and indenmify the State of Oregon and CJSD, their officers, employees, agents, and members from all claims, suits and actions of whatsoever nature resulting from or arising out of the activities of Grantee, its officers, employees, subcontractors, or agents under this grant. Grantee shall require any of its contractors or subcontractors to defend, save, hold harmless and indemnify the State of Oregon, Criminal Justice Services Division, and the Oregon Office of Homeland Security, theix officers, employees, agents, and members, from all claims, suits or actions of whatsoever nature resulting from or arising out of the activities of subcontractor under or pursuant to this grant. Grantee shall, if liability insurance is required of any of its contractors or subcontractors, also require such contractors or subcontractors to provide that the State of Oregon, Criminal Justice Services Division, and Oregon Office of Homeland Security and their officers, employees and members are Additional Insureds, but only with respect to the contractor's or subcontractor's services performed under this grant. Page 3 - City 0f Woodburn 48 G. ~0pytight and Patents. Ho Lo Mo Copyright. If this agreement or any program funded by this agreement results in a copyright, the CJSD and the Office of Justice Programs reserve a royalty-free, nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes, the work or the copyright to any work developed under this agreement and any rights of copyright to which Grantee, or its contractor or subcontractor, purchases ownership with grant support. Patent. If this agreement or any program funded by this agreement results in the production of patentable items, patent rights, processes, or invenrions, the Grantee or any of its contractors or subcontractors shall immediately notify CJSD. The CJSD will provide the Grantee with further instruction on whether protection on the item will be sought and how the rights in the item will be allocated and administered in order to protect the public interest, m accordance with federal guidelines. No Implied Waiver. Cumulative Remedies. The failure of Grantor to exercise, and any delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver thereof, nor shall any single or partial exercise of any tight, power, or privilege under this Agreement preclude any other or further exercise thereof or the exercise of any other such tight, power, or privilege. The remedies provided herein are cumulative and not exdusive of any remedies provided by law. Governing Law'. Venue: Consent to Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon without regard to prindples of conflicts of law. Any claim, action, suit, or proceeding (collectively, "Claim'] between Grantor (and/or any other agency or department of the State of Oregon) and Grantee that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court for the State of Oregon; provided, however, if the Claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. Grantee, By Execution Of This Agreement~ Hereby Consents To The In Personam Jurisdiction Of Said Courts. Notices. Except as otherwise expressly provided in this Section, any communications between the parties hereto or notice to be given hereunder shall be given in writing by personal delivery, facsimile, or mailing the same by registered or certified mail, postage prepaid to Grantee or Grantor at the address or number set forth on page 1 of this Agreement, or to such other addresses or numbers as either party may hereafter indicate pursuant to this section. Any communication or notice so addressed and sent by registered or certified mail shall be deemed delivered upon receipt or refusal of receipt. Any communication or notice delivered by facsimile shall be deemed to be given when receipt of the transmission is generated by the transmitting machine. Any communication or notice by personal delivery shall be deemed to be given when actually delivered. The parties also may communicate by telephone, regular mail or other means, but such communications shall not be deemed Notices under this Section unless receipt by the other party is expressly acknowledged in writing by the receiving party. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of Grantor, Grantee, and their respective successors and assigns, except that Grantee may not assign or transfer its fights or obligations hereunder or any interest herein without the prior consent in writing of Grantor. Survival. All provisions of this Agreement set forth in the following sections shall survive termination of this Agreement: Section I.C (Maintenance, Retention and Access to Records; Audits); Section I.E (Reports); and Section I.F (indemnification). Sevetability. If any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the particular term or provision held to be invalid. Relationship of Parties. The parties agree and acknowledge that their relationship is that of independent contracting pan/es and neither party hereto shall be deemed an agent, parmer, joint venturer or related entity of the other by reason of this Agreement. Page 4 - City of Woodbum II. Grantee Compliance and Certifications Debarment. Suspension. Ineli~bility and Voluntary. Exclusion. The Grantee certifies by accepting grant funds that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, nor voluntarily excluded from participation in this transaction by any Federal department or agency. O'lais certification is requited by regulations published ,May 26, 1988, implementing Executive Order 12549, Debarment and Suspension, 28 CFR Part 69 and 28 CFR Part 67.) Compliance with Applicable Law. The Grantee agrees to comply with all applicable hws, regulations, and guidelines of the State of Oregon, the Federal Government and CJSD ia the performance of this agreement, as set forth m the most recent version of the Grant Management Handbook published by CJSD and including but not l/mired to: 1. The provisions of 28 CFR applicable to grants and cooperative agxeements induding Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Int,-llio~mce Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Non-Discrimination/Equal Employment Opportunity Policies and Procedures; Paxt 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures, and Federal laws or regulations applicable to Federal assistance programs. 2. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646). 3. Section 102(a) of the Flood Disaster Protection Act of 1973, P.L 93-234, 87 Stat.97, approved December 31, 1976. 4. Section 106 of the National Historic Presemafion Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) 5. National Environmental Policy Act of 1969, 42 USC 4321 et seq. 6. Flood Disaster Protection Act of 1973, 42 USC 4001 et seq. 7. Clean Ak Act, 42 USC 7401 et seq. 8. Clean Water Act, 33 USC 1368 et seq. 9. Federal Water Pollution Control Act of 1948, as amended, 33 USC 1251 et seq. 10. Safe Drinking Water Act of 1974, 42 USC 300f et seq. 11. Endangered Species Act of 1973, 16 USC 1531 et seq. 12. Wild and Scenic Rivers Act of 1968, as amended, 16 USC 1271 et seq. 13. Historical and Archaeological Data Preservation Act of 1960, as mended, 16 USC 469 et seq. 14. Coastal Zone Management Act of 1972, 16 USC 1451 et seq. 15. Coastal Barrier Resources Act of 1982, 16 USC 3501 et seq. 16. Indian Self-Determination Act, 25 USC 450f. 17. Hatch Political Activity Act of 1940, as amended, 5 USC 1501 et seq. 18. Animal Welfare Act of 1970, 7 USC 2131 et seq. 19. Demonstration Cities and Metropolitan Development Act of 1966, 42 USC 3301 et seq. 20. Federal Fair Labor Standards Act of 1938 (as appropriate), as amended, 29 USC 201 et seq. C. Certification of Non-discrimination. The Grantee, and all its contractors and subcontractors, certifies that no person shall be excluded from participation ia, denied the benefits of, subjected to discrimination under, or denied employment in connection with any activity funded under this agreement on the basis of race, color, age, religion, national origin, handicap, or gender. The Grantee, and all its contractors and subcontractors, assures compliance with the following laws: Page 5 - City of Woodbum 50 Eo a. Non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; b. Tide IV of the Civil Rights Act of 1964, as amended; c. Section 504 of the Rehabilitation Act of 1973, as amended; d. Title II of the Americans with Disabilities Act (ADA) of 1990, e. Tide IX of the Education Amendments of 1972; f. The Age Discrimination Act of 1975; g. The Department of Justice Nondiscrimination Regulations 28 CFR Part 42, Subparts C, D, E, and G; la. The Department of Justice regulations on disability discrimination, 28 CFR Paxt 35 and Part 39. In the event that a Federal or State court or administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, age, religion, national origin, handicap or gender against the Grantee or any of its contractors or subcontractors, the Grantee or any of its contractors or subcontractors will forward a copy of the finding to the Criminal Justice Services Division (CJSD). CJSD win forward a copy of the finding to the Omce for Ci, rit mghts, Office of Justice Programs. Civil Rights Compliance. All recipients of federal grant funds are required, and Grantee agrees, to comply with nondiscrimination requirements of Txfle VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. ~ 2000d et seq. (prohibiting discrimination in programs or activities on the basis of race, color, and national origin); Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 U.S.C. ~3789d(c)(1) (prohibiting discrimination in employment practices or in programs and activities on the basis of race, color, religion, national origin, and gender); Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. ~ 794 et seq. (prohibiting discrimination in employment practices or in programs and activities on the basis of disability); Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. ~ 12131 (prohibiting discrimination in services, programs, and activities on the basis of disability); The Age Discrimination Act of 1975, 42 U.S.C. ~ 6101-07 (prohibiting discrimination in programs and activities on the basis of age); and Tide IX of the Education Amendments of 1972, 20 U.S.C g 1681 et seq. (prohibiting discrimination in educational programs or activities on the basis of gender). Equal Employment C}ppormnity Pro,am. If the Grantee, or any of its contractors or subcontractors, has 50 or more employees, is receiving more than $25,000 pursuant to this agreement, and has a service population with a minority representation of three percent or more, the Grantee, or any of its contractors o£ subcontractors, agrees to formulate, implement and maintain an equal employment opportunity program relating to employment practices affecting minority persons and women. If the Grantee, or any of its contractors or subcontractors, has 50 or more employees, is receiving more than $25,000 pursuant to this agreement, and has a service population with a minority representation of less than three percent, the Grantee or any of its contractors or subcontractors, agrees to formulate, implement and maintain an equal employment opportunity program relating to its practices affecting women. The Grantee, and any of its contractors and subcontractors, certifies that an equal employment opportunity program as required by this section will be in effect on or before the effective date of this agreement. Any Grantee, and any of its contractors or subcontractors, receiving more than $500,000, either through this agreement or in aggregate grant funds in any fiscal year, shall in addition submit a copy of its equal employment oppotmmty plan at the same time as the application submission, with the understanding that the application for funds may not be awarded prior to approval of the Grantee's, or any of its contractors or subcontractors, equal employment opportunity program by the Office for Civil Rights, Office of Justice Programs, Bureau of Justice Assistance. If required to formulate an Equal Employment Opportunity Program (EEOP), the Grantee must maintain a current copy on file which meets the applicable requirements. National Environmental Policy. Act (NEPA): Special Condition for U.S. Department of Justice Grant pro~ralns. Page 6 - City of Woodbum 151 Prior to obligating grant funds, Grantee agrees to first determine if any of the following activities will be related to the use of the grant funds. Grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the Grantee, a contractor, subcontractor or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. new construction; b. minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year floodplain; c. a renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and d. implementation of a new program involving the use of chemicals other than chemicals that axe (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. Application of This Special Condition to Grantee's Existing pro~ams or Activities: For any of the Grantee's or its contractors' or subcontractors' existing programs or activities that will be funded by these grant funds, the Grantee, upon specific request from the Bureau of Justice Assistance, agrees to cooperate with the Bureau of Justice Assistance in any preparation by the Bureau of Justice Assistance of a national or program environmental assessment of that funded program or activity. Certification Regaxding Drug Free Workplace Requixement~. Grantee certifies that it will provide a chug-free workplace by: Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Grantee's workplace and spedfying the actions that will be taken against employees for violation of such prohibition; 2. Establishing a drug-free awareness program to inform employees about: a. The dangers of drug abuse in the workplace; b. The Grantee's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. Requiring that each employee engaged in the performance of the grant be given a copy of the employer's statement required by paragraph (a). 4. Notifying the employee that, as a condition of employment under the award, the employee will: Abide by the terms of the statement; and Notify the employer of any criminal drug statute conviction for a viohtion occurring in the workplace not later that five days after such conviction. Notifying the Grantee within ten days after receiving notice from an employee or othexwise receiving actual notice of such convict/on. Taking one of the following actions, within 30 days of receiving notice, with respect to any employee who is so convicted: Taking appropriate personnel action against such an employee, up to and including termination; or Req~firing such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by federal, state, or local health, law enforcement, or other appropriate agency. 7. Making a good faith effort to continue to maintain a drug-free workplace. Page 7 - City of Woodbum III. Suspension ot Termination of Funding The Criminal Justice Services Division may suspend funding in whole or in part, terminate funding, or impose another sanction on a Local Law Enforcement Block Grant recipient for any of the following reasons: A. Failuxe to comply substantially with the requirements or statutory objectives of the Local Law Enforcement Block Grant Program guidelines issued thereunder, or other provisions of federal law. B. Failuxe to make satisfactory progress toward the gods and objectives and comprehensive evaluation plan set forth in the application. C. Faille to adhere to the requirements of the grant award and standard or special conditions. D. Proposing or implementing substantial plan changes to the extent that, if originally submitted, the application would not have been selected. E. Failing to comply substantially with any other applicable federal or state statute, regulation, or guideline. Before imposing sanctions, the Criminal Justice Services Division will provide reasonable notice to the Grantee of its intent to impose sanctions and will attempt to resolve the problem informally. 53 Page 8 - City of Woodbum IV. Grantee Representations and Warranties Grantee represents and warrants to Grantor as follows: l~xi~tcnce and Power. Grantee is a political subdivision of the State of Oregon. Grantee has full power and authority to transact the business in which it is engaged and full power, authority, and legal tight to execute and deliver this Agreement and incur and perform its obligations hereunder. Authority.. No Contravention. The making and performance by Grantee of this Agreement (a) have been duly authorized by all necessary action of Grantee, (b) do not and will not violate any provision of any applicable law, role, or regulation or order of any court, regulatory commission, board or other administrative agency or any provision of Grantee's ac&les of incorporation or bylaws and (c) do not and will not result in the breach of, ot constitute a default or requite any consent under any other agreement or instrument to which Grantee is a party or by which Grantee or any of its properties axe bound or affected. ~. This Agreement has been duly authorized, executed and delivered on behalf of Grantee and constitutes the legal, valid, and binding obligation of Grantee, enforceable in accordance with its ten'ns. Approvals. No authorization, consent, license, approval of, filing or registration with, ot notification to, any governmental body o£ regulatory or supervisory authority is required for the execution, delivery or performance by Grantee of this Agreement. Carmen Merlo, Director Oregon Office of Homeland Security Criminal Justice Services Division 4760 Portland Road NE Salem, OR 97305 Date Signature o£ Authorized Grantee Official Date Name/Title 54. Page 9 - city of W0odbum 11D January 10, 2005 TO' FROM: SUBJECT: Honorable Mayor and City Council through City Administrator Frank Tiwari, Public Works Director~~~ ~ Boones Ferry Road/Hwy. 214 Temporary Signal RECOMMENDATION: It is recommended the Council receive the following report. BACKGROUND/DISCUSSION: At its December 13, 2004 meeting, City Council requested a report on the sequence of events on the permit issued by Oregon Department of Transportation (ODOT) for the temporary signal at the intersection of Boones Ferry Road and Hwy. 214. To provide a specific as well as overall perspective, the requested report is presented in two parts: Part I. Discussion of the timeline related to Oregon Department of Transportation (ODOT) permit for the temporary signal. Part II. Discussion of the Council's goals, ODOT process and staff's efforts to achieve Council goals. PART I - TIMELINE The improvement plans for the temporary signal were submitted to ODOT for review in early June of 2004. Prior to that submittal, and since March 2004, staff and the traffic engineering consultant had been working with ODOT on the design aspects of the permanent and temporary signal. Staff proposed a lane configuration that provided a separate lane for each movement - left and right turns, and through movement. ODOT engineers wanted a two-lane configuration, a combined left/through lane, and a separate right turn lane. The lane configurations and pole location of the permanent signal needed to be finalized prior to design approval of the temporary signal by ODOT. Without approval of the plans, the permit could not be obtained. Agenda Item Review: City Ad ministrato, rc_; City Attorney Finance~'¢ 55 Honorable Mayor and City Council January 10, 2005 Page 2 To expedite the project and stay within a construction schedule that coincided with the schools' summer break, the City submitted a design that showed a lane configuration that was acceptable to ODOT. This was not staff's preferred alternative and did not best meet the needs of the Woodburn community. This plan provided for a combined thru/left lane as required by ODOT and a separate right turn lane (Attachment "A"). Following that submission City staff continued to discuss with ODOT a separated lane configuration for all three movements. Staff received red line comments for plan approval back from ODOT, incorporated the modifications into the plans, and resubmitted the plan to ODOT the first week in July. Concurrently, the temporary signal was publicly advertised by the City and a contract was awarded to Lantz Electric Inc. on July 12, 2004. Contracts and related documents were completed, and the contractor was prepared to start work the first week of August. Plan approval, however, had not been granted by ODOT so permits could not be issued by the ODOT district office. Staff contacted ODOT August 9. ODOT indicated they would require more changes to the design. Then, the ODOT Traffic Engineering Division mailed their red line comments to the District office to distribute to the City. Those comments were delayed in the mail system. The City traffic consultant went to Salem to obtain a copy of the red line comments from Traffic Engineering Division on August 18. City staff revised and resubmitted plans to ODOT on August 20. Plans with additional red lines were received from ODOT on August 30. By this time, an ODOT representative had agreed on August 27, 2004 to support the three-lane configuration. Staff met with ODOT on August 27, to discuss the interim traffic/pedestrian control measures at the intersection (Attachment "B"). Staff also discussed the lane configuration required by ODOT for the temporary signal. Staff still did not agree with ODOT'S position in not allowing the separated lane configuration from the Boones Ferry Road leg of the intersection. ODOT's representative ultimately agreed, as noted above, with the City's position and indicated he would support the separated lane configuration (Attachment "C"). The modification, however, required another revision of the temporary signal plan, another ODOT review, and another ODOT approval. City staff applied for, and ODOT issued, a permit on August 31 for roadway related work on Boones Ferry Road, which included the interim traffic/pedestrian control at the intersection, but did not include modified signal plan approval. City staff revised the temporary signal plan to reflect the modified lane configuration, and resubmitted it to ODOT on September 4. ODOT Traffic Engineering approved this plan with minor changes on October 20, 2004. Approved plans were received by Honorable Mayor and City Council January 10, 2005 Page 3 the consultant on October 25. After incorporating the changes, the plans were forwarded by the consultant back to ODOT and to the contractor. ODOT engineering notified the ODOT district office on November 8 that the Temporary Signal Plans had been approved and permits could be issued. The City submitted the permit application to the ODOT District office on November 16, 2004. The District office issued the permit on November 18. Work on the temporary signal began on November 29, 2004. ODOT conducted its pre-turn on inspection of the temporary signal the week. of December 20. The meter was installed and power connected by PGE the following week.. The final operational testing of controllers and signal heads was performed by ODOT technicians and the contractor on January 6. The poles were removed and striping completed. PART II - COUNCIL'S GOALS, ODOT'S PROCESS, AND STAFF'S EFFORTS TO ACHIEVE GOALS The City Council's desire to increase the capacity of Boones Ferry Road/Hwy. 214 intersection, to make the area safer and more attractive is understood by City staff. All of these features are present in the design aspects of Hwy. 214/Settlemier-Boones Ferry intersection as finally approved. In negotiating design approval with ODOT, City staff represented the Council's desires in the following areas: Preservation of the large cedar trees adjacent to Settlemier on the southeast side of the Hwy. 214 intersection. Provisions for a dedicated right turn lane from Hwy. 214 westbound to Boones Ferry Road. (ODOT technical data did not support it and, in fact, the dedicated lane was removed by ODOT during the OTIA- funded overlay in Summer 2003.) Undergrounding overhead electric wires to make the area look better and enhance safety. Provision for a dedicated left-turn lane from Boones Ferry Southbound to Hwy. 214 and a dedicated, functioning, unobstructed right-turn lane from Boones Ferry southbound to Hwy. 214. As is probably apparent from the facts outlined in Part I of this report, most of City staff's influence on ODOT's ultimate decision occurs during the plan approval process and, as such, most of the delays also take place during this time frame. The dedicated right lane turn lane to Boones Ferry Road from Hwy. 214 was removed by ODOT. However, City staff understood Council's desire to have this lane re- Honorable Mayor and City Council January 10, 2005 Page 4 established, took this challenge seriously, and interacted with ODOT staff to reverse their decision as part of the intersection reconfiguration. The significance of this additional lane to ODOT Engineers is that it requires extra time for pedestrians to cross Hwy. 214; so it takes time from vehicular traffic movement at the intersection. According to ODOT, there was not enough right turn movement to allow construction of a dedicated right turn lane. However, during the temporary plan approval process, City staff was able to convince ODOT staff that the data on which the decision has been based could be considered inconclusive, and the growth on the north side of town may allow this lane to be constructed within a year or two. We were also able to convey that it should be done during this plan approval process and ultimately were able to agree on a plan to allow a dedicated right turn to Boones Ferry from Hwy. 214. It should be noted that there is a direct connection between what is approved at the temporary signal process and the final configuration of ODOT's intersection improvement project. The other significant issue was to obtain approval for the dedicated turn lane from Boones Ferry to Hwy. 21 4 for the temporary signal. Staff was aware that this configuration had been accepted by ODOT for the final signal plans and it was only for the duration of temporary signal operation that ODOT did not want to approve this traffic movement. However, City staff believed that a right turn from Boones Ferry to Hwy. 214 did not significantly influence the traffic on Hwy. 214 and brought the traffic flow a step closer to the final design. City staff's position required change and reprogramming of controllers and aligning of the traffic lane to avoid problems with the refuge island on the southwest side of the intersection. After some difficulty, this was accepted by the ODOT staff and modified construction has followed. We have had some frustrations with this process during the last few months. However, interaction between ODOT staff, with whom we sometimes disagree, and City staff has paved the way for a permanent signal to be constructed that will meet the goals of the City Council as depicted on Attachment "D." 58 ATTACHMENT "A' ODOT REQUIRE CONFIGURATION FOR \ T~MPOR~m¥ S~NAL ~ ' I . OR~ 2~4 ATTACHMENT "B" INTERIM LAYOUT FOR PERIOO BETWEF. N BOONE'S FERRY ROAD IMPROVEMENTS & TEMPORARY SIGNAL IMPROVEMENTS ORE. 60 ATTACHMENT "C" LAYOUT FOR TEMPORARY SIGNAL IMPROVEMENTS 214 61 ATTACHMENT "D" FINAL LAYOUT WHEN O[X)T \ IS DONE WITH THE \ PROJECT NEXT YEAR 2~4 214 62 WOODBURN 13A January 10, 2005 TO: FROM: SUBJECT: Honorable Mayor and City Council through City Administrator Jim Mulder, Director of Community Development~/~ Community Development Director's Approval of Design Review 04- 2O 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 30, 2004, the Community Development Director approved the applicant's administrative design review request to construct a 104 square foot dry storage addition and upgrade elements of the fac;ade at the existing Colonial Gardens Assisted Living Facility located at 1890 Newberg Highway in Woodburn. The subject site is located at 1890 Newberg Highway. The property is identified on Marion County Tax Assessor's Maps as Township 5 South, Range 2 West, Section 12AD, Tax Lot #3400. The subject property is zoned Medium Density Residential (RM) and designated Commercial on the Comprehensive Plan Map. An assisted living care center, Colonial Gardens Assisted Living Facility, is located on the subject site. Colonial Gardens Assisted Living Facility is comprised of three interconnected building phases and a detached 2-car garage/maintenance structure with a total building footprint of 16,294 square feet on a 1.13-acre (gross) site. The adjacent properties to the west are zoned Medium Density Residential (RM) and designated Commercial on the Woodburn Comprehensive Plan Map. The property located to the south is zoned Single Family Residential (RS), and designated Residential Less Than 12 Units/Acre on the Comprehensive Plan Map. The properties abutting the site to the east are zoned Commercial Office (CO) and designated Commercial on the Comprehensive Plan Map. The properties to the north (across Highway 214) are zoned, west to east; Agenda Item Review: City Administrat~:~(C/l~ City Attorney ~/'~ ''~ Financ 63 Mayor and City Council January 10, 2005 Page 2 Commercial Office (CO) and Retirement Community Single Family Residential (R1S), and designated Commercial and Residential Less Than 12 Units/Acre on the Comprehensive Plan Map. The properties to the north (across Newberg Highway) are vacant and occupied by existing single-family residences. Adjacent properties to the west are developed as the Cascade Park Retirement Center. The lot to the south of the subject site is occupied by the Woodburn United Methodist Church, and the adjacent properties to the east are vacant and the location of an existing single-family residence. No wetlands are located on the subject site and it is outside of the 500-year floodplain. The property owner is Colonial Gardens Retirement Center. The applicant is Dale Pader. DISCUSSION: None. FINANCIAL IMPACT: There is no financial impact associated with the recommended action. ic 2002-2007