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Agenda - 01/24/2005 WOODBURN CITY COUNCIL AGENDA JANUARY 24, 2005 - 7:00 P.M. 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. The Aquatic Center will be closed to the public on January 29 and 30, 2005. The Woodburn Baracuda Swim Team will be holding a swim meet on both days. B.A Budget Committee work session will be held on February 1, 2005 at 7:00 p.m. in the Council Chambers. C. Vacancies exist on the Budget Committee, Library Board, Planning Commission, and Recreation and Parks Board. If you are interested in serving, please call City Hall at 982-5228 for an application. Appointments: D. Planning Commission- Position 2 4. PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: None. 5. COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn Downtown Association "Hat, rd int~rpretes bisponib[es para aqu~[[as personas que no ~ab[an Ing[~s~ previo ac~teri)o. Comuniq~ese a[ (5o3) 98o-248S." January 24, 2005 Council Agenda Page i 6. COMMUNICATIONS None. e BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council consideration not already scheduled on the agenda. CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. ke Woodburn City Council minutes of January 10, 2005 Recommended Action: Approve the minutes. 2 Be Council Work Session meeting minutes of January 8, 2005 Recommended Action: Approve the minutes 8 C. Woodburn Planning Commission minutes of December 2, 2004 Recommended Action: Accept the minutes. 19 D. Woodburn Planning Commission minutes of December 9, 2004 Recommended Action: Accept the minutes. 21 Ee Woodburn Public Library minutes of January 12, 2005 Recommended Action: Accept the minutes. 27 Fe Woodburn Recreation and Parks Board draft January 11, 2005 Recommended Action: Accept the minutes. minutes of 31 Ge Mill Creek Greenway Task Force meeting notes of January 11, 2005 Recommended Action: Accept the minutes. 34 Livability Task Force draft minutes of October 26, 2004 regular meeting Recommended Action: Accept the minutes. 35 Livability Task Force draft minutes of December 2, 2004 public meeting Recommended Action: Accept the minutes. 42 Je Police Department Statistics - January through December 2004 Recommended Action: Accept the report. 58 January 24, 2005 Council Agenda Page ii e 10. 11. K. Claims for December 2004 Recommended Action: Accept the report. TABLED BUSINESS None. PUBLIC HEARINGS Hearing to Consider Supplemental Budget Recommended Action: Direct staff to return an ordinance reflecting the Council's decision following the hearing. GENERAL BUSINESS - Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the City Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral preragative. ke Council Bill No. 2553 - Ordinance adopting a supplemental budget for fiscal year 2004-2005 and declaring an emergency Recommended Action: Adopt the ordinance. Be Council Bill No. 2554- Resolution authorizing the Issuance, sale, execution and delivery of not to exceed $7,066,000 General Obligation Bonds, in one or more series; authorizing a special ad valorem tax levy; designating an authorized representative; delegating the approval and the authorization of distribution of the preliminary and final official statements; and related matters Recommended Action: Adopt the resolution. Lawson/Hwy. 214 Intersection Improvement Recommended Action: Provide direction regarding a traffic revision at Lawson Way and Highway 214. Livability Task Force Recommended Noise Ordinance Revisions Recommended Action: Direct staff to prepare an ordinance amending the Noise Ordinance (Ordinance 2312) Section 6(A) to uniformly decrease the maximum sound levels identified within each classification and timeframe by 5 decibels. Ew Special Event Policies Revisions, Recommended Action: Adopt the revised Special Event Policies as recommended by the Recreation and Parks Board. 65 69 86 94 105 111 114 January 24, 2005 Council Agenda Page #i CIS "Lexipol" Law Enforcement Agency Grant Recommended Action: Authorize the City Administrator to accept a grant from City County Insurance Services and execute an agreement with Lexipol for police policy manual services. 132 12. 13. 14. 15. 16. 17. 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. None. CITY ADMINISTRATOR'S REPORT MAYOR AND COUNCIL REPORTS EXECUTIVE SESSION To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660 (1) (h). To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (1)(f). ADJOURNMENT January24, 2005 Council Agenda Page iv WOODBUI N 313 January 19, 2005 TO: FROM: SUBJECT: City Council Kathy Figley, Mayor ~~-~ Commission Appoin~th~nt The following commission appointment is made, subject to the approval of the Council. Please forward any adverse comments to me prior to the Council Meeting on Monday, January 24, 2005. No reply is required if you approve of my decision. PLANNING COMMISSION Position 2 - Brad Hutchison - term ends 12/31/08 8A COUNCIL MEETING MINUTES JANUARY 10, 2005 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JANUARY 10, 2005. CONVENED. The meeting convened at 7:05 p.m. with Mayor Figley presiding. 0130 ROLL CALL. Mayor Figley Present Councilor Bj elland Present Councilor Cox Present Councilor Lonergan Present Councilor MeCallum Present Councilor Nichols Present Councilor Sifuentez Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Police Chief Russell, Community Development Director Mulder, Park & Recreation Director Westrick, Public Works Manager Rohman, Recorder Tennant 0051 ANNOUNCEMENTS. A) Martin Luther King Holiday Closure: City Hall and the Library will be closed on Monday, January 17, 2005. The Aquatic Center will be open on January 17, 2005 with an extra open swim time from 1:00 pm to 3:30 p.m.. B) Supplemental Budget Hearing: A 2004-05 supplemental budget hearing will be held before the City Council on Monday, January 24, 2005, 7:00 p.m., in the City Hall Council Chambers. C) Citizens interested in serving on the Library Board or Planning Commission are urged to contact the City Administrator's office for an application form. 0150 OATH OF OFFICE. Recorder Tennant administered the Oath of Office to Councilor Bjelland (Ward II). 0190 APPOINTMENTS: Mayor Figley reappointed the following individuals to serve in the following positions: Budget Committee: Cindi Vetter, Position 1, term expiration December 31, 2007 Planning Commission: Patti Grigorieff, Position 1, term expiration on December 31, 2008 Claudio Lima, Position 4, term expiration on December 31, 2008 Recreation & Park Board: Brad Hutchison, Position 1, term expiration on December 31, 2007 Page 1 - Council Meeting Minutes, January 10, 2005 2 TAPE READING COUNCIL MEETING MINUTES JANUARY 10, 2005 NICHOLS/MCCALLUM... approve the appointments as cited by the Mayor. The motion passed unanimously. 0227 CHAMBER OF COMMERCE REPORT. Nick Harville, Chamber Executive Director, provided the Council with copies of the Chamber's year-end statistics. He reminded the Council that the Chamber's annual dinner will be held on January 21, 2005, 6:00 p.m., at Country Meadows. He thanked the Council for approving their grant proposal and he provided information to the Council on the Q Program (Quality Program), funded in part by City Tourism and Economic Development grant funds, to provide front line workers with customer service training. The Chamber Tourism Committee is also considering the addition of Hubbard, Aurora, Donald, St. Paul, Mt. Angel, and Silverton to develop an overall tourism product and a marketing plan for the area. He will also be making a presentation to the City of Hubbard later this week for a Community Readiness Study and he will be discussing the tourism and marketing plan. The readiness study is an assessment as to where the community is, where they want to go, and how they are going to get there and is a proven tool used by Oregon Community & Economic Development in approximately 18 other small communities around the State. O450 WOODBURN SCHOOL DISTRICT REPORT. Jeanne Halm, Communications Specialist, expressed her appreciation for the opportunity to re-establish a communication link between the City and School District. She, along with School Superintendent Walt Blomberg, will alternate in making presentations at the first Council meeting of each month to share information about the school district and act as a conduit to take questions or concerns back to the School Board. She provided the Council with the district's 2002-2007 Strategic Plan as a reference. The School District is rescheduling their Strategic Planning process and community members, staff, and parents will be given more opportunities to provide input into the plan and ultimately into budget priorities for 2005-06. Approximately 17 meetings will be held in January to ask the following questions.: 1) what is the school district doing well, 2) what the school district can improve on as it relates to educational services, and 3) solicit suggestions as to how the specified improvements can be made. The feedback will be provided to the Core Planning Team who will meet in February to review the input and plan and then make recommendations to the School Board for approval. This information will then be submitted to the Budget Committee for consideration when developing the 2005-06 budget. She extended an invitation to the Mayor and Council to participate in the Strategic Plan process. 0700 LETTER FROM WILLAMETTE BROADBAND DATED DECEMBER 28, 2004. Administrator Brown stated that Willamette Broadband will be increasing the Standard Basic rate effective February 1, 2005 and will be adding two new channels to their service line within this cable package. Page 2 - Council Meeting Minutes, January 10, 2005 3 TAPE COUNCIL MEETING MINUTES JANUARY 10, 2005 0828 1470 Jack Lenhardt, 1055 Tukwila, stated that he is a long-time member of the community and the area he currently lives in has 7 foot bicycle paths on both sides of the street resulting in no on-street parking. In his opinion, the City has the ability to make a change in the location of the bicycle paths so that residents can utilize at least one side of the street for parking. He expressed his concern about the additional cost to install the 7 foot bicycle paths when they are rarely used by the public. This same type of problem exists on Hazelnut Drive to Front Street. He also expressed his opinion that the bicycle lane at the Highway 214/Boones Ferry Rd intersection is placed in a very dangerous location between the right-turn only lane and the thru lane of traffic. Mayor Figley stated that the State Highway Division controls the design layout for bicycle paths on the state highway. In regards to the bicycle paths on City Streets, the Transportation Plan does provide a layout for location which is used for new developments or improvements which are made to the street infrastructure system. Councilor Cox stated that he is bicyclist but he has wondered if it is a good expenditure of public funds to spend as much money as is done on bike lanes. It is a public policy decision and it was his understanding that the City is governed by the City's Transportation System Plan which, in turn, is governed by the State's regulations. Mr. Lenhardt stated that he was also thinking about the bike lane location on the State Highway which he realizes that the City has no control over but a letter from the Council to the State Highway Department might make them think differently about the location of the lanes on busy roadways. Public Works Director stated that the cost of constructing a street includes pavement width, curbs, and gutters. By adding extra pavement to the street for the bicycle lane will cost more for the improvement but not in the same proportion since the curb and sidewalk would be required whether the bicycle lane was there or not. He stated that it is a public policy relating to transportation plan design and location to meet future community needs. He reiterated that bicycle lanes are, for the most part, state-wide policy and has been debated on for quite some time. Public Works Manager Rohman stated that bicycle paths is a public policy that the City has incorporated into our Transportation System Plan and the public policy is found in the Transportation Planning rule (Goal 12) which was derived from various land use laws. He stated that arterial and collector streets are required to have bike lanes and the street Mr. Lenhardt has identified is a collector street. When subdivisions and PUD's are approved, the conditions of approval require street improvements to be made in compliance with the Transportation System Plan. In regards to the parking situation on those streets, the parking conditions were also dictated by the conditions of approval when those subdivisions or PUD's were approved. When the highway has a fight-mm only lane, the bicycle lane is placed between that lane and the thru traffic lane as a safety measure for those bicyclists who want to go straight through an intersection. He also stated that bicyclists are required to follow the rules of the road including that of riding with the flow of the traffic which is why there are two bicycle lanes on a street. Page 3 - Council Meeting Minutes, January 10, 2005 COUNCIL MEETING MINUTES JANUARY 10, 2005 TAPE READING Director Tiwari stated that 1% of the State Gas tax revenue is required to be dedicated for bikeways and sidewalks. If the City would want only one bikelane, then it would have to be separated from the roadway and not next to the curb. 200~ CONSENT AGENDA. A) approve the regular and executive session Council minutes of December 13, 2004; B) approve the Council work session minutes of December 6, 2004; C) accept the Recreation and Parks Board minutes of December 14, 2004; D) accept the Library Board minutes of December 8, 2004; E) accept the Building.Activity report for December 2004; F) accept the Planning Project Tracking Sheet dated January 5, 2005; G) accept the Claims for November 2004; and H) accept the Aquatic Center Revenue Comparison report. MCCALLUM/COX... adopt the consent agenda as presented. The motion passed unanimously. 2080 218~ COUNCIL BI! J1. NO. 2552 - RESOLUTION INITIATING CONSIDERATION OF PROPOSED AMENDMENTS TO TIlE WOODBURN COMPREI4ENSIVE PLAN TEXT AND MAP, WOOl)BURN DEVELOPMENT ORDINANCE, WOODBURN ZONING MAP, AND EXPANSION OF TIlE URBAN GROWTH BOUNDARY RESULTING FROM COMPI.ETION OF TIIE PERIODIC REVIEW WORK TASKS.. Councilor Sifuentez introduced Council Bill 2552. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2552 duly passed. COUNCIL BILL NO. 2551 - RI~.8OLUTION SETTING TIlE AMOUNTS OF THE PARKS AND RECREATION SYSTEMS DEVELOPMENT CHARGES~ MAINTAINING THE ALTERNATIVE RATE REVIEW FEE~ AND REPEALING RESOLUTION 1748, Mayor Figley stated that this bill is being pulled from the agenda in order to give staff some additional time to verify the calculations of the proposed charges. 2216 FISCAL YEAR 2003 LOCAL LAW ENFORCEMENT (I,LEBG) BLOCK GRANT FUNDS. Staff is recommending the acceptance of LLEBG grant funds for the purpose of purchasing supplies to convert the Police Chief's former vehicle for use as a traffic enforcement vehicle, to equip a leased Community Response Team (CRT) command vehicle, and equip the Chief's recently purchased vehicle with police radios. The City's local match for this grant is $1,201.00. Page 4 - Council Meeting Minutes, January 10, 2005 COUNCIL MEETING MINUTES JANUARY 10, 2005 TAPE NICHOLS/COX... approve the acceptance of grant funds in the amount of $6,450.00 and authorize the City Administrator to sign the grant agreement and award conditions and certifications. The motion passed unanimously. 226~ BOONES FERRY ROAD / HIGHWAY 214 TEMPORARY SIGNAL. Councilor Nichols stated that it was wonderful to see the pole removed from the right-mm lane of Boones Ferry Road, the temporary signal in place, and the improved roadway is a great addition to that area. Councilor McCallum stated that he has received some positive comments about the pole removal and signalization, however, the signalization change did result in a change of traffic flow. Councilor Cox stated that he did review the report in the agenda packet and it seems to adequately explain what happened in the sequence of events and he is satisfied. However, he feels that there may have been some shortcutting in terms of explaining what the delay was and he appreciated clarification on this issue. He did mention that he was puzzled as to why the City was still debating as to whether or not a right turn lane should be installed while construction was going on in its current configuration. Administrator Brown stated that staff could have done a better job of explaining the difficulties staff was experiencing on this project and, as provided in the time lines within the report, there was quite a delay from the date of submittal to ODOT to the time it is approved by ODOT. Staff will try to do a better job of providing the Mayor and Council with project status reports. He also stated that the City could have accepted the ODOT design for this intersection which would have had the same basic configuration as in the past with a fight hand turn lane and a second traffic lane that would allow for a combined thru lane/left turn lane. Staff was trying to recover the lost traffic lane on Highway 214 as vehicles move west on Highway 214 and, at this point, the new configuration will allow for the space which should result in better traffic flow at that intersection. 2733 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. 2865 A) Community Development Director's approval of Design Review 04-20 (Colonial Gardens, 1890 Newberg Highway): The applicant received administrative approval to construct a 104 square foot dry storage addition and upgrade elements of the facade at the facility. Councilor Cox stated that he would not be bringing this item up for review but commented on the amount of staff and applicant time required to submit and review a 104 sq. foot building proposal. MAYOR AND COUNCIL REPORT. Councilor Cox questioned if Council Bill No. 2552 consists of housekeeping amendments that will be before the Council or is it the whole package that is going to the Planning Commission for hearing. Page 5 - Council Meeting Minutes, January 10, 2005 6 COUNCIL MEETING MINUTES JANUARY 10, 2005 TAPE Director Mulder stated that this will be for the whole package on the Comprehensive Plan periodic review updates. The Woodbum Development Ordinance update will be a separate isSUe but a hearing before the Planning Commission will be held around the same time. Mayor Figley stated that the Council recently held their bi-annual goal setting session and the goals will on the agenda for either this next regular meeting or the first meeting in February. She thanked Administrator Brown for facilitating this valuable and productive session. 3OOO ADJOURNMENT: NICHOLS/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 7:52 p.m.. APPROVED. KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 6 - Council Meeting Minutes, January 10, 2005 7 8B COUNCIL WORK SESSION MEETING MINUTES JANUARY 8, 2005 TAPE READING DATE' CONFERENCE ROOM, SALUD MEDICAL CENTER (1175 MT. HOOD AVENUE), CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JANUARY 8, 2005. CONVENED; The work session convened at 8:30 a.m. with Mayor Figley presiding. ROLL CALL. Mayor Figley Present Councilor Bj elland Present Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Staff Present: City Administrator Brown, City Attorney Shields, City Recorder Tennant 1.0 GOAL SETTING SESSION. Mayor Figley stated that this was the 42 Goal Setting session held by the Council with the first session held in 1999 and facilitated by professional consultants. Since then City Administrator Brown has facilitated these sessions which have been held every two years following the general election. The goal setting session is an opportunity for the Council to discuss what has been accomplished, goals currently being worked on, and goals for the next two years. This session is also an opportunity for the Councilors to express their expectations of each other and of staff. She felt that, for the most part, staffis doing a good job and reminded the Council that communication is the key for positive interaction between each other, staff, and the general public. She also stated that she was very pleased and proud of the level of professionalism displayed by everyone and the credibility is acknowledged by the public. 7.7 City Administrator Brown stated that one of his highest priorities is to generate and maintain credibility when making decisions since that will continue to invoke public trust and confidence in the work being done. In regards to the Mayor and Council's interaction with department heads on issues, the Administrator stated that he wants to be the person to give directions to the department heads and he has no problem with the Mayor or Councilors directly accessing the department heads to ask them questions. He does, however, like to know when the Mayor or Council has a question and encouraged them to contact him in order to maintain communication flow and follow-up on issues as needed. Page 1 - Council Work Session Minutes, January 8, 2005 8 COUNCIL WORK SESSION MEETING MINUTES JANUARY 8, 2005 TAPE READING Lengthy discussion was held regarding the Mayor and Council's contact with the public and outside agencies, the types of positive and negative comments received, and the importance of listening to and following up with public complaints and concerns. Administrator Brown stated that it will be the staff's commitment to provide information and/or updates as projects progress rather than staff handling matters and then reporting to the Mayor and Council more limited information. 42.0 Side B .01 31.0 VISION AND MISSION STATEMENT. Administrator Brown stated that the Vision and Mission Statements were adopted by the Council in 2001 and it was the consensus of the Council to leave these statements intact. GOAL ACCOMPLISHMENTS FOR 2003-2004. Provide a Broader Range of Affordable Youth Activities: Brief discussion was held regarding partnerships with faith-based agencies. Administrator Brown stated that the City has been working with some local churches to utilize facilities they may have available for some youth programs. The City is not producing any events in cooperation with any of the churches nor is the City trying to duplicate programs offered by local churches. He stated that improvements are being made to the Teen Scene Program in an effort to generate more participation. It was suggested that the City develop more weekend activities for the youth. Provide a Broader Range of Self-Supporting Adult Activities: No comments were made on this goal. Celebrate Culture and Diversity: Administrator Brown stated that he has been trying to get the City out of organizing big events, however, the City will continue to be a participant in the process whether it be providing a location for an event or potential insurance coverage. He suggested that the City continue to participate in the September 16~ Celebration and in future events to be held in the downtown plaza. He also stated that, later in this work session, he will be discussing the need to actively market city facilities in order to maximize our investments with the end result being to support events but not necessarily sponsor a signature event. Discussion was held on events currently held within the City and options available to expand the type of community events held by partnering with other local organizations. Community Engagement and Communications: Councilor McCallum stated that he watches community access television, however, he has found that many shows are live productions rather than shows being taped and replayed at later times for the viewers. His concern is that the public should be given an opportunity to watch a tape of a previous Council meeting rather than having only one opportunity to watch the meeting when it is shown live on television. Discussion was held regarding community access television and the City's role, if any, to monitor programming since the City is WCAT's funding source. Administrator Brown stated that the City does not monitor community access television Page 2 - Council Work Session Minutes, January 8, 2005 9 COUNCIL WORK SESSION MEETING MINUTES JANUARY 8, 2005 TAPE and WCAT is responsible for the programming. It was suggested that WCAT provide a monthly or quarterly report on City programs and times of airing. Additionally, it was the consensus of the Council to revisit the WCAT contract to make sure that the City is getting what is provided for within the contract. Tape 2 Side A Discussion was held on providing outreach activities to Russian speaking residents similar to what is provided by the School District. It was the consensus of Council that the Russian population has been diminishing in relation to Hispanic population and the City continue to utilize City staff members who are fluent in the Russian language to interpret when the need arises. 5.0 In regards to a telephone information system, the Mayor suggested that future improvements would include an information line accessible to the public during non- business hours whether it be through the intemet or telephone system. Additionally, installation of a bi-lingual line would be advantageous to provide information to the public without their having to go down to or call City Hall during regular business hours. Staff will be looking at improved technology to enhance public information systems whether it be at the telephone system, website, or other computer software systems. 20.8 Revitalize Downtown Woodburn: Administrator Brown stated that the exterior improvements to the Association Building are now complete and the next step is to evaluate potential uses of the building. Discussion was held regarding the Museum and the need to look at facility use versus costs to make interior and exterior improvements before any final decision is made on movement of the Museum from its present location to the Association Building. The Mayor called for a short recess from 10:30 am until 10:55 am. 24.9 Administrator Brown stated that the City is also in the final cut of a Meyer Memorial Trust grant. A Trust team will be in Woodburn on January 19, 2005 to do some factfinding and then the team will go back with their findings to support the grant proposal before the review board. If approved, this grant will provide funds to develop a specific plan for downtown revitalization which includes circulation, land use, housing strategy, street improvements, economic development approach, landscaping, marketing, and financing plan. The City should know by the first part of February 2005 if we were successful in obtaining the grant. In regards to the Burlingham grant, the trustees will be meeting sometime in January 2005 to consider a $50,000 grant for the downtown plaza. Additional funds needed to complete the gazebo project would be solicited from local businesses and the public. 37.9 Pursue Economic Development: Administrator Brown stated that a public investment plan would identify how the City would pay for all of the various improvements needed to implement the economic development plan. Staff has not been doing anything on this plan since the focus has been on the land use issue in that expansion of the urban growth boundary is necessary before the public investment plan can be pursued. He also stated that the new Chamber Page 3 - Council Work Session Minutes, January 8, 2005 10 TAPE READING COUNCIL WORK SESSION MEETING MINUTES JANUARY 8, 2005 Executive Director, Nick Harville, is well-versed in economic development and he is very interested in working with businesses to pursue economic development within our City. Administrator Brown expressed his desire to expand the City's involvement and partnership with the Chamber in order to recruit businesses to our community. Side B In regards to completion of periodic review tasks and the transportation plan updates, public hearings will be held before the Planning Commission in February, before the City Council in March, then forwarded to Marion County in the late spring or early summer, and then to LCDC during the latter part of the calendar year. It was noted that the draft plan does include the urban growth boundary expansion proposal. 5.6 Develop Necessary Systems Infrastructures: Administrator Brown stated that this is an on-going goal and limited state and federal funding will be available over the next few years for transportation needs and/or improvements. 15.0 Enhanced and Improve Livability: Discussion was held regarding code enforcement activities which, for the most part, are complaint driven but the code enforcement officers do initiate calls when they see violations. Administrator Brown stated that some violations take a higher priority than others and the officers take a lot of calls thereby reducing the amount of time they have for self-initiated complaints. Police officers are very busy with calls for service and other enforcement activities, however, they do assist in code enforcement on a very limited basis. In regards to the flower basket program, the Task Force is working with PGE regarding placement of baskets on PGE aluminum poles. Additionally, Woodburn Together has indicated that they will longer be accepting the donations to pay for the baskets. The Task Force is looking into utilizing another non-profit organization as the pass-through for donations. Administrator Brown stated that he has been discussing with the Mayor the possibility of establishing a Woodburn Foundation that would allow people to give charitable gifts or endowments for community programs and activities. The volunteer coordination project has not been implemented as of this date. The Library does have a volunteer program for individuals under the age of 55 and the RSVP program coordinates a volunteer program for individuals age 55 and older. Administrator Brown stated that Director Westrick has made developing a volunteer program a priority on his list of goals over the next year. Councilor McCallum stated that there is a need to work on neighborhood enhancements which may involve enforcement of laws and incentives for beautification. Administrator Brown stated that staff will be reviewing some of our existing ordinances to see if revisions can be made to provide staffwith more enforcement tools to address neighborhood problem areas. 35.! Managed Growth: Mayor Figley expressed her desire to see that the development code update is completed this year. Page 4 - Council Work Session Minutes, January 8, 2005 11 COUNCIL WORK SESSION MEETING MINUTES JANUARY 8, 2005 TAPE Tape 3 6.3 Museum Development: Administrator Brown stated that this goal will be discussed in more detail in the 2005-07 goals. Park Development: In regards to the Hermanson Park 1TI wetlands restoration project, the planting is done but it is unknown if the project is complete. Administrator Brown stated that he will check on the status of this project. Team Building: An employee recognition luncheon is scheduled for January 26, 2005 at Lupita's. Develop Technological Infrastructure: Administrator Brown stated that the fiber has been nm to each one of the City locations and what is now needed is the equipment to attach to the fiber and allow the City to use I- Net. He also stated that he will be providing the Council with an update on the newly installed CCRLS automated circulation system. Plan and Deliver Transportation Improvements: Administrator Brown stated that West Lincoln Street is the only non-paved street that has been paved to date. There are still a few streets in town that are unpaved and more discussion will be held as part of the 2005-07 goals. Fiscal Stability: Councilor McCallum expressed his appreciation of the City's financial stability. Increase Participation in the State and Federal Legislative Process: No comments were made on this goal. Evaluate City Facilities for Retention, Expansion, Acquisition, and Relocation: Administrator Brown stated that there are no viable offers on the table for the Community Center at this time. Discussion was held regarding the Community Garden property. Councilor Cox suggested that the City retain a community garden parcel of land even if it is at a different location. Administrator Brown stated that he has discussed the possibility of using a portion of the land recently purchased near the Wastewater facility for a community garden area since that land had been used to raise crops over the years. Encourage and Employ Sustainable Practices: Administrator Brown recommended that the goal to establish City policies on sustainable practices be removed from the 2005-07 goals due to lack of time to develop such policies, however, staff will develop policies when time becomes available. 19.2 Council Expectations and/or Impressions. Councilor Sifuentez stated that she is disappointed in the lack of progress in constructing a new community center and she expressed her desire to have a new facility within the next couple of years. Mayor Figley stated that the Community Center Task Force will be making a presentation to the Park & Recreation Board at their next meeting which will recommend that a split facility be built one of which would be adjacent to the Aquatic Page 5 - Council Work Session Minutes, January 8, 2005 12 COUNCIL WORK SESSION MEETING MINUTES JANUARY 8, 2005 TAPE Center while the other facility would be located at Legion Park. The Task Force will continue to look for grants and other financial sources other than property taxes. Discussion was held regarding the need for a community center but financing is a concern since the voters had defeated prior bond issues for this purpose. Side B It was suggested that the Council be provided with project status reports in a table format similar to what is being done with the Planning Tracking Sheet and a more detailed report be provided in those cases where there is a significant deviation or a large on-going project. A lunch break was taken from 12:45 pm until 1:15 pm. 12.7 ESTABLISH GOALS FOR 2005-07. Administrator Brown referred to the list of goals for 2003-05 and additions/deletions were made to the list for 2005-07. Provide a broader range of quality, affordable, youth activities: Under this goal,, it was agreed that the Teen Scene program goal be changed to read "..maintain and enhance". Provide a broader range of self supporting adult activities: No change was made to this goal. Celebrate culture and diversity: Administrator Brown suggested the following changes: 1) take off"Reduce or eliminate direct City involvement..."; 2) remove "Berry Festival and Tulip Festival as long as necessary", and the City would continue to participate in Christmas and the 4th of July 3) replace the word "Increase" with "Continue", and add WDA (Woodburn Downtown Association) Community Engagement and Communication: Administrator Brown recommended that the goal to "Expand outreach activities to include Russian language..." be removed and retain the rest of the goals listed. The Mayor and Council agreed with the recommendation. Revitalize Downtown Woodburn: Administrator Brown stated that the exterior of Association building is completed but the City should continue to evaluate the potential for sale of the building. In regards to the Urban Renewal program, the goal to revisit design choices should be changed to complete an urban renewal specific plan, and the bullet points on "...guidelines and program longer term borrowing.." be removed. He stated that recent conversations with our financial advisors have indicated that the City will most likely need to acquire short term borrowing from a bank because of the age of our urban renewal agency. Under the goal to convert the parking lot to a plaza, the bullet points to acquire the remaining property, evaluate street circulation, and develop a design can be removed and the bullet point to construct the improvement can remain on the list. Page 6 - Council Work Session Minutes, January 8, 2005 COUNCIL WORK SESSION MEETING MINUTES JANUARY 8, 2005 TAPE READING The Mayor and Council were in agreement with the changes outlined by Administrator Brown. Pursue Economic Development: Administrator Brown recommended that these goals remain as listed. Develop Necessary Systems Infrastructure: Administrator Brown suggested that the goal to seek and promote competition to provide high speed Intemet be removed from the list since the local providers are doing their own marketing to provide this service to our residents. Enhance and Improve Livability: Administrator Brown stated that the Sign Ordinance has been completed therefor it eau be removed from the list. Manage Growth: Administrator Brown suggested that the listed goals be left intact for the next two years while Comprehensive Plan, Transportation System Plan, and Urban Growth Boundary issues are being addressed by the City. Museum Development: Administrator Brown suggested that the Council remove from the list the last bullet point which would transfer the operating responsibility to an outside agency. Park Development: Administrator Brown stated that the Heritage Park ADA improvement has been completed and it can be removed from the list. Team Building and Employee Development: No changes were suggested to the list of items under this goal. Develop Technological Infrastructure: No changes were suggested to the list of items under this goal. Plan and Deliver Transportation system improvements: Regional - Administrator Brown suggested that coordination with the County on the south by-pass be removed since there will not be much activity on this issue over the next couple of years. He also suggested that coordination with ODOT to complete the I-5 right turn lane be r.emoved since it is now complete. Local - Administrator Brown stated that he would like to remove the goal of evaluating the need and cost effectiveness for traffic calming devices since, to date, he is unable to meet this item on the list and is unsure if it can be met over the next two years. He stated that the City has limited funds available for street improvements and would suggest that funds be allocated towards paving of unpaved streets or other street projects rather than traffic calming devices. Councilor Cox stated that he believed that this should be on the list 'even though it may only be a study item since many cities now have different traffic calming devices to reduce speed in residential areas. Discussion was held regarding the pros and cons of having traffic calming devices in addition to financial issues relating to installation of speed bumps. Page 7 - Council Work Session Minutes, January 8, 2005 14 COUNCIL WORK SESSION MEETING MINUTES JANUARY 8, 2005 TAPE READING Tape 4 5.7 Administrator Brown stated that analyzing this issue will be very time consuming and the engineering department has so many other projects that they are working on within the goals already established in addition to those projects he will be suggesting to add over the next couple of years. A financial option would be that neighborhoods pay the full cost for the installation of traffic calming devices if the Council decided to allow a specific type of device. He reiterated that he would like to have the engineers work on other projects over the next two years rather than dedicating time for this study. Following a lengthy discussion on this isSUe, it was decided by a majority of the members that there is a need for a study sometime in the future but for the 2005-07 goals it would be acceptable to remove it from the list and revisit this issue in the future. Fiscal Stability: Administrator Brown stated that the City does not have many opportunities available for new funding sources, therefore, he suggested that the third bullet point be revised to seek new grants for city programs. It was also noted that fiscal, accountability among the employees is an acceptable item on the list but incentives for cost-savings ideas should be deleted. Increase Participation in the State and Federal Legislative Process: It was suggested that this goal be changed to state "continue" rather than "increase". Evaluate City Facilities for Retention, Expansion, Acquisition, and Relocation: Administrator Brown stated that the library space needs can be removed and substitute it with finalizing recommendations for raising funds for Library Expansion Phase I. He also suggested that the Public Works corporation complex bullet point be removed for 2005-07. Encourage and employ Sustainable practices (do as opportunity arises): Administrator Brown stated that he did not feel that staff would be developing any formal policies nor does he feel that the City would be designing or offering any support programs over the next two years. It was the consensus to remove these bullet points from this goal. 12.6 LIST OF ADDITIONS. Discussion was held regarding the possibility of having the a Task Force work on the consolidation of the Museum, Settlemier House, and Glatt House facilities under one non-profit organization to make these cultural facilities more viable for the future. Discussion was also held regarding the formation of a Woodbum Foundation as a non- profit organization that could accept tax deductible contributions and seek grants and yet not be tied directly to the City. It was the consensus of the Council to pursue this issue to see what it would take to set up this type of program. 27.1 Revitalize Downtown: In addition to what was previously discussed on this goal, Administrator Brown suggested that the list include 1)construction of Front Street Page 8 - Council Work Session Minutes, January 8, 2005 TAPE READING COUNCIL WORK SESSION MEETING MINUTES JANUARY 8, 2005 widening and reconstruction project, Phases I and II underground utilities, 2) completion of Alley project from Garfield to Cleveland, 3) improving Cleveland Street from Front to Second Streets, 4) improving Harrison Street from Front Street to Settlemier Avenue, and 5) improving Hayes Street from Front Street to Second Street. The capital projects listed would replace "initiate capital project" listed in the 2003-05 goals. The Downtown Specific Plan would also be included in the 2005-07 goals. 30.7 Economic Development: Administrator Brown suggested that this goal mention a partnership with the Chamber of Commerce and Woodburn Downtown Association to assist in achieving this goal. It was the consensus of the Council to add this item to the list under this goal. 39.1 Side B Develop Necessary Systems Infrastructure: Under storm drainage, Administrator Brown stated that the Public Works Director will be coming before the Council with a proposal that would initiate a utility billing for storm drain infrastructure in order to generate revenue for maintenance and detention facilities. Over the next fiscal year, he would be developing the cost allocation and recommendations for a storm drain rate. Another project to be added to the list is the City's need to work on the DEQ Temperature Management Plan in order to comply with federal and state regulations. Administrator Brown also suggested that the City look at rail capability and he would like to work with the Chamber of Commerce to do some type of an assessment in the industrial park area to determine the feasibility of constructing a rail spur into the park. Additionally, as part of the downtown plan, he suggested that the City look into the feasibility of depot options for both a pleasure train and commuter train. It was the consensus of the Council to add these items to this goal. 8.6 Enhance and Improve Livability: Administrator Brown suggested the following additions: 1) include Housing Ordinance amendments to the list; 2) add to the list of code enforcement revisions the peddlar's license and animals; 3) ordinance updates on the sewer connection, street numbering, and street naming; 4) develop a urban forestry program to address historic trees and tree replacement; and 5) introduce a neighborhood strategic plan to work with neighborhoods in developing a crime prevention plan for their neighborhood. Councilors Lonergan and McCallum suggested that another goal would be to increase drug abuse awareness activities within the City. 26.5 Manage Growth: Discussion was held on the list of activities under this goal along with the impact growth has on the school district. It was the consensus of the Council not to make any additions to the list. Page 9 - Council Work Session Minutes, January 8, 2005 16 TAPE READING 29.0 COUNCIL WORK SESSION MEETING MINUTES JANUARY 8, 2005 Park Development: Administrator Brown stated that the funding source for making the improvements listed are, for the most part, unknown at this time and the listed activity should be identified as a two-phase project. Projects listed in the CIP that should be part of list of activities include 1) Burlingham Park renovation, 2) Senior Estates Park renovation, 3) Nelson Park renovation, 4) Settlemier Park acquisitions and renovation, 5) Legion Park renovation, 6) greenway improvements, 7) development of Hermanson Park III and Hermanson Pond, 8) Aquatic Center expansion, and 9) completion of the partially completed Centennial Park ballfield. The Parks Comprehensive Plan needs to be completed which will then lay the groundwork for the Parks System Development Charges. Other projects included in the CIP are completion of master plans for Settlemier, Legion and Centennial Park, and continue planning and searching for funding sources for a new Community Center. 31.9 Tape 5 2.9 Team Building and Employee Development: Administrator Brown stated that the City will be negotiating with both unions this year and this needs to be added to the list of activities. He also proposed adding to the list city-wide training for all employees on a quarterly basis on topics such as harassment, diversity, customer service, and the personnel policy and procedure manual. He stated that some of the training would be handled in-house while other training will be done by an outside source. If this activity is added to this goal, he will be identifying the cost and including it in the 2005-06 budget. Councilor McCallum suggested that work place security also be considered as a training topic. Plan and Deliver Transportation System Improvements: Administrator Brown stated that discussion needs to be held as to whether or not property should be acquired along Front Street for the purpose of providing off-street parking spaces to residents along Front Street as part of this major street improvement and, if so, the formation of a local improvement district to pay for this parking area. Brief discussion was also held under the regional list on mass transit connection to Portland. Administrator Brown stated that ODOT is considering a Park N Ride lot on the north side of Highway 214 adjacent to the I-5 interchange which will create an opportunity for connections with existing commuter transit services utilizing I-5.. On the list for local projects, Administrator Brown suggested that the following specific projects be added to the list: l) Front Street improvement Phase I and 1I, 2) Hardcastle · rail realignment; 3) improve Harrison Street from Front Street to Settlemier Avenue; 4) improve Hayes Street fi.om Front Street to Second Street as part of the downtown improvements; 5) realignment of thc intersection at Hayes Street and Settlcmier Avenue; 6) widen Parr Road from Valor School to Centennial Park; and 7) improve Cleveland Street from Front to Second Streets. He stated that these projects are on the City's Capital Improvement Project list for 2005-07. Page 10 - Council Work Session Minutes, January 8, 2005 17 TAPE READING 13.4 COUNCIL WORK SESSION MEETING MINUTES JANUARY 8, 2005 Brief discussion was also held on unpaved streets within the City and the Council requested an updated list on how many streets are unpaved along with estimated cost to pave these streets so that the Council can identify their preferences for later discussion. Unpaved streets will remain on the list of goals with the intent to try and pave one street each year. Fiscal Stability: Administrator Brown recommended that the Systems Development Charges for Parks and Traffic Impact Fees be added to the goal list. Increase Participation in the State and Federal legislative process: It was noted that the word "Increase" should be changed to "Continue". 15.2 21.4 Evaluate City Facilities for Retention, Expansion, Acquisition, and Relocation: Administrator Brown suggested the following additions to this goal: 1) finalize design and obtain funding for Phase I of the Library expansion project; 2) conduct a space needs assessment and plan for remodeling of City Hall based on a 20-year need; 3) construct a new police facility; and 4) evaluate security of city facilities. Encourage and employ Sustainable practices (do as opportunity arises): Administrator Brown reiterated that this goal should remain as it currently reads. 22.2 Priority List: Administrator Brown stated that he will provide the Mayor and Council with a revised list of goals and requested that, within each goal, they rank the items listed so that staff can review these priorities then come back to the Council with a report as to what they feel can be initiated and/or accomplished over the next two years. Following a brief discussion, the Council agreed to a four point rating system for each goal. The Council will then be able to finalize and adopt the list of goals at a future Council meeting. 27.5 The workshop concluded at 3:30 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST. Mary Tennant, Recorder City of Woodburn, Oregon Page 11 - Council Work Session Minutes, January 8, 2005 18 8C WOODBURN PLANNING COMMISSION WORK SESSION MINUTES December 2, 2004 CONVENED The Planning Commission met in a special work session at 7:00 p.m. in City Hall Conference Room for the purpose of reviewing the Periodic Review Amendment Package. ROLL CALL Chairperson Lima A Vice Chairperson Young A Commissioner Vancil P Commissioner Grigorieff P Commissioner Knoles P Commissioner Bandelow P Staff Present: Jim Mulder, Community Development Director Woodburn Periodic Review Amendment Package Staff reviewed the comprehensive plan map and zoning map amendments proposed as part of the periodic review, which included proposed amendments to reconcile discrepancies between comprehensive plan and zoning maps. In addition, he discussed proposed amendments that reflect changes in land use conditions and he outlined areas on the map and briefly reviewed the reasoning for the proposed changes. Thero was in-depth discussion regarding the Downtown area and Staff reported it will take a lot more time to really figure out exactly what each lot in the Downtown area should be zoned. He stated the City is in the process of trying to obtain a substantial grant to redo the downtown plan, which would actually look in detail at transportation and actual improvements to the streets downtown as well as the land use. Staff further indicated it will be a process where they will be able to look at what the land uses should be to' make those modifications. He commented he would rather do it as part of that process rather than to try to figure it out now as part of Periodic Review. Commissioner Vancil commented it would be a major accomplishment for the decision makers in the City if redevelopment of the 20 or so blocks that are Front St. and one block back is accomplished in the next 20 years. However, he thought it is foolish to go three or four blocks in to what is now residential. Commissioner Vancil stated we should consider changing the comprehensive plan to something else to reflect what is there instead of what somebody dreams it should be. Staff explained that was the designation from 25 years ago. He further indicated that was an area that he preferred to put off to when we actually update the downtown plan which would enable us to look at it in much more detail because we would be looking at the whole downtown area and all redevelopment aspects. Staff said it does not hurt anything to make the zoning consistent because anyone that has a single family home would be grand fathered in. Anyone that wants to build an apartment complex could apply for a conditional use and the Commission then has the discretion to approve it or not depending on where it is located. He stated his driving force was to make the zoning consistent with the comprehensive plan and not leave it the way it is now. Commissioner Bandelow liked the idea that people have the ability to take a single family home and convert to commercial in the downtown area. However, she could not see putting anything that will cause a hardship if we are talking about an increase in property taxes to houses in the downtown area. She felt it would not be fair for taxes to increase for something that may happen in the future. Commissioner Knoles suggested we find out how the taxes are being assessed either on comprehensive or on zoning before we move further on this. Staff indicated he would check into that. In closing, Staff reviewed the areas where the zoning and comprehensive plan are adjusted to coincide with the property lines. He commented the rule of thumb when looking at redevelopment potential is that it is not considered prime redevelopment opportunity if the value for Planning Commission Meeting - December 2, 2004 Page I of 2 19 a single family house is more than the land and if it is less than the value of the land, then it would be considered a tear down house. The work session ended at 9:00 pm. APPROVED CLAUDIO LIMA, CHAIRPERSON DATE ATTEST Jim Mulder, Commur;iity Development Director City o.,f~,Woodburn, Oregon Date Planning Commission Meeting - December 2, 2004 Page 2 of 2 20 8D WOODBURN PLANNING COMMISSiON MEETING MINUTES Oecember 9, 2004 CONVENED The Planning Commission met in a regular session at 7:00 p.m. in City Hall Council Chambers with Vice Chairperson Young presiding. ROLL CALL Chairperson Lima A Vice Chairperson Young P Commissioner Vancil P Commissioner Grigorieff P Commissioner Knoles P Commissioner Bandelow A Staff Present: C~nsultant: Jim Mulder, Community Development Director Jason Richling, Associate Planner Greg Winterowd, Planning Consultant, Winterowd Associates (8:40 pm) Vice Chairperson Youn.q chaired the meeting in the absence of ChairPerson Lima. MINUTES A. Woodburn Planning Commission Minutes of November 4, 2004 C---ommissioner Vancil moved to accept the minutes as presented. Commissioner Knoles seconded the motion, which unanimously carried. B. Woodburn Planning Commission Work Session Minutes of November 10, 200.4. ~-'ommissioner Knoles made a motion to approve the minutes as written and was seconded by Commissioner Vancil. Motion carried unanimously. C. Special Woodburn PlanninR Commission Minutes of November 18, 2004 C--ommissioner Knoles moved to approve the minutes, Motion was seconded by Co~',~missioner Gri.qorieff, which unanimously carried. BUSINESS FROM THE AUDIENCE None COMMUNICATIONS. A_.=. Woodburn City Council Minutes of November 8, 2004 PUBLIC HEARING Vice Chairperson Youn.q provided an opening statement for Public Hearing. A_.=. Design Review 04-21 and Variance 04-29, request to construct a public plaza at the Northeast corner of Garfield and First St., City of Woodburn, applicant. EX-PARTE CONTACTS None Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report. Staff recommended approval of the design review and variance requests based on the information in the report, the information provided by the applicant and the applicable review criteria. Planning Commission Meeting - December 9, 2004 Page 1 of 6 21 TESTIMONY BY THE APPLICANT John Brown, City Administrator, City of Woodburn, 270 Monteomerv St., Woodburn, OR 97071 provided a brief presentation regarding the plaza design. He indicated they were trying to create enough grass seating space to where large events could be held, i.e., Music in the Park and provide an area where they could create vendor pads for the farmers market or celebrations. Additionally, he stated they wanted a fair amount of surface space, location where you could dance or congregate, and a location for a gazebo. Mr. Brown reported there would be a fountain at the southerly end of the park, a gazebo at the northerly end of the park to anchor it down and a concrete walk running between those two that would be lined both by benches and trees. There would be grass to the areas of both sides of the concrete walkway and running to the East there would be concrete vendor pads for Saturday Market and those abut the Mayor's Alley. Moreover, he stated there is a gentle slope that runs from the fountain down to the gazebo area which will create, in a sense, theater seating so if people are there to see some kind of musical or theatrical performance at the location of the gazebo they would not be looking at the back of the head in front of them. He further reported the design choices themselves reflected a Latino flavor but were not strongly in favor of that, but wanted to retain some sense of the historic Woodburn as well. The shape of the fountain, the tile work throughout the park on hard surfaces and the design of the gazebo itself created a Latino flavor. Mr. Brown also stated they are trying to tie the City Hall to the Library from that walkway and the Library to the Plaza walkway so they all in a sense become part of a City campus. At this point in time they are proposing to build Phase 1, which includes everything but the gazebo structure itself. He explained they have been able to identify cold hardy species of Palm trees which will run down the center of the plaza, which creates additional Latin flavor in the park but it also creates some vertical aspects running down the center that are a lot cheaper than trying to reproduce that through concrete, steel or other materials. Mr. Brown mentioned one of the Council's goals in this project is in creating a catalyst for additional private development. He indicated they feel very confident that once the project is on the ground they will get the kind of catalyst that they have been talking about for Urban Renewal and people are going to be supportive of it. Additionally, he said they will have to come back for a separate review of the gazebo because unfortunately, they do not have the financing together to do that just yet. They have sought from a benevolent association a grant and if successful, they will soon be challenging the community to meet that and hope to raise the money that it takes to get the gazebo built and make the whole park a reality in a fairly short order. It was further reported by Mr. Brown that it does not make an awful lot of sense to widen the street at just this one point particularly given the location of the buildings around it and the unlikelihood that they are going to be moved back at any point soon. In addition to that, they really need the space and any space that is removed out of the site plan will give them less area for seating and compresses the whole thing. In closing, Mr. Brown informed the Commission that there will be a Phase III which is way out in the future and might include actually closing Hayes St. and taking the park all the way across to the far curb. The gazebo and the fountain are not equidistant from the edges of the park but essentially would be if they got Phase III into effect. Commissioner Vancil inquired what is the plan in terms of parking space since we are taking away the parking lot? John Brown replied although he did not currently have an answer, he indicated they are working on several possible options. One option being to redefine the circulation in to a one-way couplet, which they looked at simply from the standpoint of how many additional parking spaces would that get us. He stated they are losing 44 parking spaces. The Urban Renewal plans still require some definition and they have sought a grant that would provide them, among other things, transportation and circulation expert assistance in determining just exactly what they need to do to make up for it. Mr. Brown pointed out it may be a combination of that kind of set of improvements or it may be the acquisition of other properties for additional parking. As well it may be a matter of redirecting people to other parking, i.e., parking lot behind the post office. He said part of the whole Downtown Plan is going to include signage that helps you get from one place to the next and makes the whole area a lot more pedestrian and user friendly. TESTIMONY BY PROPONENTS None Planning Commission Meeting - December 9, 2004 Page 2 of 6 22 TESTIMONY BY OPPONENTS None DISCUSSION Vice Chairperson Young closed the public hearing and opened for discussion among the Commissioners. Commissioner Vancil remarked it looked like a good plan and he had no problems with it. Commissioner Knoles agreed with Commissioner Vancil and indicated he would be in favor of the project. Commissioner Gr gorieff also thought it was a good plan and liked the way it was presented. Vice Chairperson Young recalled back in 1997 and again in 2001 when discussions took place regarding what could be done in the Downtown area to help the visual aspect of the town and the general feel and ideas at that time hinted towards something that would be like what was presented tonight. He commented it is great to see the project so much closer to actually becoming a reality. Vice Chairperson Young felt a project like this is really the heart of community planning as it provides the citizens a vision for the future. Moreover, as the future advances they will actually be able to see the fruits of our efforts. In closing, he said the variance is not out of line and there would not be very much improvement for one block of the street downtown and therefore, he would be in favor of the project. Staff explained he provided a final order for this project tonight in order to accommodate the applicants on tonight's agenda instead of making them wait until the January 13, 2005 Planning Commission Meeting to obtain a final approval since the next request on the agenda was to cancel the December 23~ meeting. This would allow the applicants to move forward with their projects without having to wait to that time. Staff further explained the Commission could actually adopt the final order tonight if they choose to do so because there were no changes made to the application tonight. Commissioner Knoles made a motion to accept the final order of Design Review 04-21 and Variance 04-29 as presented by Staff. Motion was seconded by Commissioner Gri.qorieff. Motion carried unanimously. B_~. Design Review 04-16, Variance 04-27, request to construct a storaae buildin;I at 1050 N_. Boones Ferw Rd., Robert Cornwell, al~i31icant. EX-PARTE CONTACTS Commissioner Knoles reported he lives in the Miller Farm area but that would not affect his decision tonight. Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report. Staff recommended approval of the design review and variance based on the information in the report, the information provided by the applicant and the applicable review criteria, subject to the conditions of approval listed in the Staff Report. TESTIMONY BY THE APPLICANT Robert Cornwell, 385 Garfield St., Woodburn, OR 97071 stated he has a business located at 1050 N. Boones Ferry Rd. and reported he is trying to build a two car garage with a carport where there is a landscape hedge already in place. TESTIMONY BY PROPONENTS None TESTIMONY BY OPPONENTS None DISCUSSION Vice Chairperson Young closed the public hearing and Commission discussion was opened. Planning Commission Meeting December 9, 2004 Page 3 of 6 23 Commissioner Knoles said he was very familiar with the property and the hedge and felt that a wall would actually look much worse than what the hedge is. He indicated he favored the project. Vice Chairperson Young pointed out the wall would probably be detrimental to the trees. He stated this is a good opportunity to save the existing trees since there were several cases in the past where they were not able to do so. Commissioner Vanci! commented he favored the project but felt a clarification was necessary in that we've had just about everybody who is required to build a wall ask not to build the wall because it is a very expensive proposition. He further remarked in addition to the attractiveness of the hedge because there is open space between the proposed structure and residential that is a secondary reason why we would be able to grant the variance on this case, whereas we would not necessarily be able to in other cases. Commissioner Knoles made a motion to accept the final order of Design Review 04-16 and Variance 04-27 presented tonight by Staff in an effort to save valuable time on the project and comply with the 120-day rule. Commissioner Vancil seconded the motion. Motion carried unanimously. ITEMS FOR ACTION A. Final Order for Conditional Use 0407, Desi;;n Review 04-13, Variance 04-19 and Variance 04- -- 20, request to construct a 400 sq. ft. w=!l house at 3099 N. Pacific Hwy., City of WOOdbum, aDplicant. Commissioner Vanci! moved to accept the final order and was seconded by Commissioner Gri,qorieff. Motion unanimously carried. B__~. Final Order for Conditional Use 04-06, Desiqn Review 04-12 and Variance 04-21, request to const[iJct a modular classroom and establish a charter school at 591 Ga~ch St., Tin, Schlabach, applicant. Commissioner Knoles moved to approve the final order. Commissioner Gri.qorieff seconded the motion. Motion carried unanimously. C. Cancel Planning Commission meeting of December 23, 2004 Planning Commission Meeting C'--ommissioner Knoles made a motion to cancel the regularly scheduled Planning Commission meeting pi' December 23, 2004. Commissioner Gri.qorieff seconded the motion, which carried. Vice Chairperson Youn.q wished his fellow commissioners happy holidays since they would not reconvene this month. DISCUSSION ITEMS A__~. Continued discussion of periodic review tasks relatin.q to Urban Growth Boundary expansion and natural resource protection. Staff requested a 5-minute recess in order to prepare for the discussion. Meeting reconvened at 8:05 pm. A prepared presentation was to be provided by Greg Winterowd, Planning Consultant, however due to unforeseen circumstances he had not yet arrived. Staff provided a general overview discussion of where we are at with the periodic review process as well as a general review of natural resource protection policies. Gre.q Winterowd arrived at 8:40 pm. He apologized to the Commission and the assembled citizenry for the tardiness and explained there was an accident on the freeway. Mr. Winterowd talked about the natural resources and about some of the data and issues he thought we will be facing as we go over this process over the next few months. He referred to the draft ordinance that talked about how to manage flood plains, riparian areas, areas along creeks and wetlands. Mr. Winterowd stated the proposed draft combines those three resources because in Woodburn they are in the same place and therefore, it makes sense to have a single regulating ordinance that addresses that. He reviewed the Safe Harbor Provisions of Statewide Planning Goals fl5 - Natural Resources Goal and reported it was suggested that new residential and commercial development not be allowed in those areas however, existing development can stay. Density transfer out of the area in to the buildable area through the Planned Unit Development process is allowed. He believed this does create some immediate issues because of Ballot Measure 37 because someone could claim that is regulation that devalues their property. Mr. Winterowd indicated property value clearly increases dramatically Planning Commission Meeting - December 9, 2004 Page 4 of 6 once you have urban services. He indicated state law requires that exception areas be brought in before you bring in agricultural land to meet need. Several Butteville Rd. residents have indicated they are not interested because they like things the way they are and do not think there is much likelihood of this land being annexed to the City anyway and there is not much bang to Public-Works dollars in terms of service in this area. Mr. Winterowd reported there is beginning to be a constraint on the supply of residential land because most of it is owned by one person and that one person does have influence on the market, which could drive up prices. However, over time that situation should be able to take care of itself through the natural course of events. He mentioned they tried to do a careful balancing to make sure that the need matches the supply. He reported they have received very good support out of ODOT and hopes to obtain a similar level of support and active involvement out of DLCD. Also discussed was the issue of the loss of high value farm land. He explained we are looking at the trade off between bringing farm land in on the one hand, meeting economic development housing needs on the other. Nonetheless, any direction you go, you have to bring high value farm land even after you use all of the exception areas. The basic issue will be arguments that there is too much land because we have overestimated, which begins with the population projection. Mr. Winterowd reviewed his preview of coming objections: 1 ) Did we do a good job in estimating site needs for industrial?; 2) Were we correct in our estimates of the acres needed for commercial?; 3) Do the densities that we are looking at allowing up to ten units per acre make sense for Woodburn on the one hand in terms of the social fabric of the community meeting housing needs versus potential impact on agricultural land? He reviewed some of the countervailing assumptions that would have the opposite effect of assumptions that result in less need of agricultural protection. Commissioner Vanci[ was not sure whether the NODAL Development concept is a Woodburn fit or not. He stated some of the problems he has had over the last ten years has been public space. Commissioner Vancil commented although Tukwila is a beautiful development, there is no place for children to throw a ball around because the golf course is considered a public space. In listening to NODAL development, which would be the most compacted of anything that has been developed in the City to date and it makes him worry about public space and the urban problems that we would be bringing in to town with that kind of density. ~ remarked they are providing what in his view is a major windfall to the property owners because of the densities that are being allowed with the notion of NODAL development. It would not be unreasonable to look at mechanisms through the master planning process, which is a requirement to make sure that open space needs are addressed as part of the annexation master plan process. Staff interjected there is an adopted Parks Master Plan. He explained the policy is to stay away from pocket parks and stay with larger parks that can be more easily maintained, acquired and controlled. Gre,q Winterowd suggested perhaps getting a work session, at some point, with the Park Board. Staff. explained they will be revisiting the Parks Master Plan because it was based on the current population allocation when it was adopted, which was obviously Iow. He clarified they are not proposing to solve the parks issue in this part of the periodic review because that is part of the Parks Master Plan. Commissioner Vanci! remarked he will want to see how we address the parks before he would vote in favor of Nodal development. Gre,q Winterowd suggested possibly look at standards in the Nodal development zone itself and master plan to talk about ratios of plan population and parks needs. Moreover, putting the onus on the people annexing to work together on the master plan and on figuring out a place to meet the parks needs. REPORTS A_.~. Buildin¢~ Activity for November 2004 B._:. Plannin¢~ Project Tracking Sheet (revised 11-30-04} BUSINESS FROM THE COMMISSION Vice Chairperson Youn.q announced his resignation from the Woodburn Planning Commission and stated it has been a pleasure to serve the community and work with his fellow commissioners. He thanked Mayor's Kirksey and Figley for the opportunity to serve this community. \ Planning Commission Meeting - December 9, 2004 Page 5 of 6 215 ADJOURNMENT Commissioner Knoles moved to adjourn the meeting. carried unanimously. Meeting adjourned at 9:40 pm. Commissioner Gri.qorieff seconded the motion, which APPROVED DATE ATTEST Jim MOde, r, ~' Communi~ ,¢evelopment Director City of Wo.Cdburn, Oregon Date Planning Commission Meeting - December 9, 2004 Page 6 of 6 26 MINUTES MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD DATE: ROLL CALL: STAFF PRESENT: GUESTS: CALL TO ORDER: SECRETARY'S REPORT: January 12, 2005 Mary Chadwick - Present Yesenia Chavez - Present Neal Hawes - Present 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 December 8, 2004 were approved and seconded. CORRESPONDENCE: None. PUBLIC COMMENT: None. DIRECTOR'S REPORT: Monthly Statistics: The statistics are incomplete in several areas this month. Holdings, Patron Loan Count and Circulation statistics were unavailable, due to the Millennium changeover. Interlibrary Loans lent and borrowed, are approximately even. Reference questions were down slightly, perhaps due to Library closure during the Christmas holidays, and the Library Staff Training Day on December 20. Adult computers had an average of ten users per hour continually during open Library hours for the month of December. Volunteer hours are down a little, perhaps because of the Library closures and a week where, due to the new system being installed, books could not be checked in. Finances show a much larger than usual balance, due to the Ready to Read Grant in the amount of $3,404.00. The grant will be used to fund special Youth Services programs, regular reading times, as well as Headstart programs that Deeda attends, both here and at their location. Youth Services: Deeda Stanley, the Library's new Youth Services Librarian, came to the Library Board Meeting to introduce herself and talk about the Children's Services. 27 Deeda started working at the Woodbum Public Library in March, 2004 as a part-time Reference Librarian, and was hired as Youth Services Librarian when Beverly Phillips retired at the end of July, 2004. Deeda feels that Youth Services has the unique opportunity of giving children their first impression of what a library is all about. It is important, as well as fun, to teach children about the Library, to answer their questions and make sure the littlest ones have a positive playtime experience. The Children's Room's busiest times are from 3-7pm, as well as on Saturdays. Many families come to the Children's Room together for a family activity, as well as attending weekly children's programs. Deeda read Book! Book! Book! By Deborah Bruss to the Library Board, showing how she uses gestures, voice inflections, facial expression, realistic animal sounds, and interactive questions to involve the children in her Library programs. The Board appreciated her presentation. One of the Woodbum Public Library's strengths is the staff's ability to truly listen beyond what a patron may clearly express. Deeda noted that children often have questions, but don't know how to ask them. Having staff take the time to listen and suggest options, raises the Library from a place of information to a true source of learning. Deeda reminded the Board, and especially teens like Yesenia, that volunteering at the Library is always welcome, and that it is an excellent place to gain skills for future job opportunities. Activities: Lucky the Clown will be here at the Library on Saturday, January 22, at 1:30 pm. Volunteer of the Month: The Volunteer of the Month for January is Mary Lou Bellante. Mary Lou has been a volunteer at the Woodburn Library since 1991. She also volunteers at the Police Department. She comes to the Library on Monday mornings to do holds, finding and organizing books to be sent to patrons at other libraries. She also shelves books, and helps process discarded materials on the computer. Mary Lou is enthusiastic, loving and a very valuable member of our volunteer staff. She is a perfect choice for our Volunteer of the Month. CCRLS Update: The final training sessions at CCRLS were held both yesterday and today. Tomorrow afternoon there will be a question and answer meeting at CCRLS to cover any problems or questions that have arisen at any of the seventeen 28 2 libraries in the CCRLS system. People have been encouraged to mail their question in ahead of time, so that common problems can be efficiently addressed. There are still some glitches with the new Millennium system, as well as questions on how to access certain areas. Dan and the Woodburn Library staffhave been very good at adapting and adjusting to meet patron needs, while using the new system. Difficulties in implementing the new system have been addressed with numerous e-mails to CCRLS. Dan has been instrumental in working out a one-on-one training schedule with each staff member. A practice module was available to use during training, and Dan continues to update staff as he receives new information. The automatic checkout machine will eventually be operative with the Millennium system, but it may take some time. It is possible to go online to the Library's website with the new system (www.ccrls.orgtwoodburn), and view what has been checked out, place holds, renew materials, etc. Holiday Closures: The Library will be closed on Monday, January 17, Martin Luther King Day. Other Library holidays include Monday, February 21, President's Day, and Sunday, March 27th, which is Easter Sunday. Friends of the Library.: Neal Hawes, Library Board Member and treasurer for the Friends of the Library, reported that preparation for Music in the Park is progressing. So far, there is a $5,000 commitment from businesses to sponsor Music in the Park concerts, which was the sum total of last year's budget. PGE is a new sponsor this year, and has promised a $1,000 sponsorship. Some of that money may be used to upgrade the sound system. John Brown will speak at the next Friends of the Library meeting, which will be held on Monday, March 7, at 2:30 pm. He will be bringing architectural drawings of the proposed Plaza. This year the concert series will still be held in the Library Park. The Friends of the Library have agreed to sponsor the Fourth of July concert at Centennial Park. Sandy Kinney is booking a band for the event. There' will be a Friends of the Library Book Sale on the 23rd and 24th of April. This is slightly later than usual, due to AARP Tax Aid needing the Carnegie Room until the tax deadline of April 15th. It was noted that the Friends need more members. 29 3 OLD BUSINESS: Library Remodel: John Brown, City Administrator, asked Linda to wait to apply for funding for the Library remodel until after the Police facility ballot passed. That measure passed in November, so Linda is now looking into applying for grants that will help with the estimated $6 million dollar remodel. The Friends of the Library will be launching the official fund- raising for the project at a later date. Election of Library, Board Officers: Catherine Holland was elected President of the Woodburn Library Board, 2004-2005; Kay Kuka was elected Vice-President; and Yesenia Chavez, the Board's student member, was elected Corresponding Secretary. NEW BUSINESS: BUSINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: ADJOURNMENT: None. The meeting was adjourned at 7:55 pm. Respectfully submitted, Vicki Musser 3O 4 81;' MINUTES Woodburn Recreation and Parks Board Tuesday, January 11,2005 7:00 pm City Council Chambers DRAFT 1. Herb Mittmann, Chair, called the meeting to order at 7 pm Roll Call Members present: Herb Mittmann, Chair; Rosetta Wangerin, Board Secretary; Ann Meyer, Member; Bruce Thomas, Member; Joseph Nicoletti, Member, Brad Hutchison Absent: Cristal Sandoval, Member Staff present: Randy Westrick, Director; Barbara Nugent, Recreation Services Manager; Steve Newport, Facilities and Aquatics Manager; Dusky Steyaert, Teen Scene Coordinator; Paulette Zastoupil, A.A. Board Reorganization The Board voted for Board Chair and Board Secretary positions for the year 2005. Herb Mittmann, was voted in for Board Chair and Rosetta Wangerin, for Board Secretary. Approval of Minutes from December 14, 2004. Motion to accept the minutes was made by Herb Mittmann and seconded by Joseph Nicoletti. Business from the Audience: None. Division Reports Teen Scene - Dusky Steyaert Dusky gave a report on the Teen Scene Program. She shared the daily and monthly attendance numbers were Iow in the programs but showed the Board her plans to increase attendance. She outlined the grant goals for the Board and explained that the programs she is developing are following these goals. She reported on the various programs and gave descriptions and age levels for each one. She shared a monthly calendar for each Teen Scene program, which included daily activities for each site. She reported that the existing storage rooms at each site have been cleaned out and our being turned in to homework labs, with computers. The kids will receive incentives for homework and improved grades. Dusky also shared that the school is providing daily healthy snacks for all Teen Scene members. Recreation and Leisure Services - Barbara Nugent Barbara once again expressed the need for more indoor gym space. She reported that computers are being put into the Teen Scene homework labs, and they are included in the City's 4-year replacement plan. The new partnership with Willamette Ballet and the new programs of Boot Camp Aerobics and Ballroom Dancing are successful, but Pilates was canceled. After School Club is back in session after the holidays and going well. 31 Aquatics Division - Steve Newport Steve reported that the Woodburn Invitational was a success with 350 swimmers participating. The pool will be available for kids on Martin Luther King holiday, January 17, 2005. Friday night, Dive In Movie Niqht will be showing "Spiderman I1. Swim lessons were loaded again and fourth grade swim lessons are finished. Steve reported that on January 29-30 the Cuda Invitational will take place and the Aquatic Center will be closed to the general public. Steve shared the plan to convert the Aquatic Center lobby into a small workout area that will be completed by March 1st' He also stated that certain hours will be dedicated to teens to help them make healthy choices. Parks and Facilities - Randy Westrick Randy stated that he would not report at this time, as the following agenda items would update the Board on parks and facilities. Community Center Task Force - Status Report Mayor Figley reported on the history of the Community Center Committee that was in place when former Mayor Jennings was in office. She explained after her appointment as Mayor, her desire was to still pursue the vision of a Community Center. She then made the decision to revive the committee and transition it to the Community Center Task Force. Her goals were: · Secure funding to build it without using property taxes · Think programming, and community needs as a priority · Don't think too small, keeping community growth in mind With RDI guiding, focus groups were formed, needs assessments were made, the Task Force toured other Oregon facilities, observed different programs and researched funding sources. It is now the desire to make a formal recommendation to the Recreation and Parks Board. The Task Force recommends a split facility with an Aquatic Center expansion, and a facility at Legion Park. Eric Matthews, of Surround Collaborative Architects Inc. presented the facility footprint plans to the Board and suggested the next step would be a feasibility study. The Board discussed parking spaces and Eric explained that the feasibility study would show a clear picture of the appropriate parking spaces needed. Herb Mittmann stressed the key to success of the project was to finish the Park and Recreation Master Plan. Herb Mittmann made a motion to ask the Mayor to appoint a sub-committee with representatives from the Police Facility project, Community Center Task Force, Mill Creek Greenway Committee and Recreation and Parks Department to insure the Park Master Plan has all the components needed. The motion was seconded by Rosetta Wangerin, and passed by unanimous consent. Mill Creek Greenway Master Plan Randy gave a PowerPoint presentation to the Board on the Mill Creek Master Plan. On February 8th the plan will be presented for a final review. Herb asked Randy to recommend to the City Council to apply for design and engineering grants to proceed in the southern area at Deer Run Trailhead. 33 Special Event Policies Rosetta Wangerin asked clarification on the reason Legion Park was not mentioned in the policy. Randy explained that the policy is addressing the needs and concerns of Settlemier and The Downtown Plaza. Joseph Nicoletti asked about fees and deposits, and Randy also clarified that section. Herb Mittmann made a motion to recommend the policy to City Council for approval and Rosetta Wanergin seconded the motion. The recommendation was approved by unanimous consent. 10. Future Board Business · Next meeting, February 8, 2005 · Woodburn Art Center · Mill Creek Greenway Master Plan final review · Report from Mayor Figley's appointed sub-committee Meeting adjourned at 8:55 PM Rosetta Wangerin, Board Secretary Date D. Randall Westrick, Director Date 33 Mill Creek Greenway Task Force Meeting Notes January 11,2005 8G Members present: Alexandra Stone, Randy Westrick, Dan Hoynacki, Richard Morris, Nancy Kirksey, David Torgeson, Jan La Follette, Rosetta Wangerin, Brad Hutchison, Robin Straughan, Jeane Mey Call to order Informal start at 6:00 pm. Mill Creek Greenway Review Randy gave a Power Point presentation that showed the Task's Force work to the present. The committee had the opportunity to review and the following points were added. · Trail heads need to be integrated with the City bus route · Decision to be made on how trails will be marked · Name change suggested for Hermanson I, II or III Mill Creek Greenway Task Force Priorities The Task Force was asked to come up with project priorities including the implementation and construction of the greenway project. These priorities will be put in the final draft in February. Adjournment 6:55 pm Next meeting February 8, 2005 34 THB Cl'rY OF WOODBUI: Livability Task Force 81-I Mission Statement: "It is the mission of the Livability Task Force to create and promote programs that result in a cleaner community where there is pride in property ownership, with a full range of commercial services, and with ample recreational, cultural, and entertainment activities for all age groups. It is the Task Force's further mission to create and promote an environment where all residents can feel safe, will interact with each other, will celebrate their unique traits and diversity, NOISE ORDINANCE WORKSHOP Minutes for Tuesday, October 26th, 2004 Call to Order/Introductions Roll Call: DRAFT Committee Members: Pete McCallum Nancy Kirksey Jo Ann Bjelland Mike Bergeron Present Present Present Present Jane Christoff Betty Guzman Lisa EIIsworth Phyllis McKean Also present: Scott Russell, Police Chief Bob Shields, City Attorney Matt Smith, Committee Staff Support Task Force Business Present Present Present Present Minutes for the October 5th Task Force meeting were distributed to the group and approved unanimously following review. Document Review Pete provided a brief overview of the noise ordinance issue, where the City received a number of complaints during an event held at Settlemier Park on the weekend of September 11th and 12th, and a number of the complainants attended the Council meeting held on September 13th to follow up on the City's response to the issue. At the meeting, Pete noted, the Task Force was given the responsibility to review the Noise Ordinance and recommend changes, if necessary. 35 Pete introduced Bob Shields, the City Attorney, and Scott Russell, the Police Chief, to the group, and stated that they would provide background and guidance regarding Noise Ordinance legal and enforcement issues. The first document reviewed was the Recreation and Parks Special Events Permit Policy, which regulates events held in City parks. Pete noted for the group that the Recreation and Parks Board has been given the opportunity by Council to review the process defined by the Policy, and if applicable, recommend changes to the Council. Pete also noted the Task Force review of the Special Events Policy is intended to support the Recreation and Parks Board's review of the Policy, and any recommendations made at this meeting would be sent to them for consideration. Based on their review of the Special Events Policy, Task Force members began asking questions about implementation of the policy by City staff. Jo Ann asked if the City requires and checks for proof of insurance from event organizers. Bob indicated he would be surprised if we didn't, but suggested that the Task Force pose this question to the Recreation and Parks Board. Jo Ann asked if we bill event organizers for City time spent on cleanups. Pete suggested that the group alsa pose this question to the Board. Mike asked how City staff determines if the saund equipment is set up correctly. Pete stated that in conversations with Randy Westrick, he had indicated Parks staff would be directed to pay more attention to the setup of sound equipment. The group agreed that the first recommendation to the Board would be for City staff to make sure the setup is sufficiently tested before and during events, particularly if there is a change in weather that could effect how sound carries. Mike and Lisa noted that they had attended an event at a park in Lake Oswego where speakers had been set up around the perimeter of the event facing inward, and due to the number and positioning of the speakers, sound broadcast over the system was easily audible everywhere in the event area even when set at lower volumes, yet was almost inaudible outside of the event area. They suggested that a similar approach be taken with our event planning. Bob suggested that the Task Force be very specific about this recommendation and others to the Recreation and Parks Board. The group agreed that this approach to speaker arrangement, including the specificity suggested by Bob, should be recommended to the Board. NOISE ORDINANCE WORKSHOP OCTOBER 26, 2004 PAGE 2 Mike also suggested, and the group agreed, that sound and exhaust produced by generators used by the event organizers should also be thoroughly evaluated by City staff to reduce the impact on surrounding neighborhoods. Pete suggested, and the group agreed to recommend, that the Board consider establishing different decibel levels for different parks, based on factors including the location of the park in relation to surrounding neighborhoods. Jo Ann suggested, and the group agreed to recommend, that event organizers be further limited as to when they are allowed to have amplified sound, particularly in the evenings and on Sundays, and that amplified sound duration between breaks be defined and limited as well. Pete asked whether security provided by event organizers needs to be held to a standard. Scott stated that security companies are held to a standard, but that there is no 'accepted' security company lists because to date none have been locally based. He noted that the City is familiar with some af the problem security businesses, and will not recommend them for use during the permit application process. If there are security issues at events regarding drinking or other issues, Scott stated that the Police Department would appreciate feedback from citizens, event organizers, and Pubfic Works staff to best identify and resolve the issues. Scott stated that security companies have had security problems resulting from staffing decisions based on anticipated attendance at events, and actual attendance varying significantly from initial estimates. Scott also stated that event organizers manage security within the event, and the Police Department focuses on external issues, and criminal acfivity within the event if it occurs. He said that security at events has improved considerably in recent years, largely due to the increasing experience of all involved, improved event planning, and neighborhood relations. Jane and Lisa suggested that the after action reports developed by the Police be shared with event organizers and other City staff to help guide adjustments made to improve future events. Mike asked whether event organizers receive a map detailing what areas they are responsible for cleaning up during and following the event. The group agreed a recommendation be made to the Recreation and Parks Board to ensure that event organizers receive such a map, and that the language in the Poficy be revised to require event organizers to implement a garbage detail following events to focus on neighborhoods surrounding the event area. The group also suggested that City staff strongly encourage event organizers to improve their neighborhood relations efforts. NOISE ORDINANCE WORKSHOP OCTOBER 26, 2004 PAGE 3 Jo Ann asked if City staff is on site for the full 8 hours per day during the event, as spec/tied in the Policy. Mike indicated that yes, Public Works staff are on site during events and that employees are on-call on the weekends, but that he was unsure if there was a staff member on site for a full 8 hours per day. The group agreed that this question should be posed to the Recreation and Porks Director. Jo Ann also asked if there is sufficient City staff available during the workweek to enforce the various provisions in the Special Events Permit Policy, and the group again agreed that this question should be forwarded to Randy Westrick. Pete suggested that a central phone number be distributed to surrounding neighborhoods and the public in general to call to report issues relating to special events in public parks, and the group agreed that this should be a recommendation to the Board. The group briefly reviewed the decibel level examples handout, and then moved on to the review of the City's Noise Ordinance. Jo Ann asked where sound complaints are measured from, and Scott replied that measurements are taken from the complainant's property, or from the property line if there is no complainant. Mike said that often it is the constant noise and deep base that can be as much of a problem as high volumes. Scott stated that the decibel meters measure on two different scales: the "A" scale is for higher pitches, and the "B" scale is for lower pitches. Scott alsa noted that the City has received 437 calls year to date regarding noise ordinance issues; in approximately Y2 of the cases the sound has ceased by the time an officer arrives, and less than 10% of the incidents are prosecuted. Bob stated that the new Noise Ordinance adopted in 2002 is very innovative in the approach taken to regulating noise in the City. Ordinances developed by some other jurisdictians have been tossed out due to reliance on a subjective standard. He described how the new ordinance could be divided into four essential parts: decibel level limits that can be objectively determined through measurement; per se standards that exempt certain types of noise and specifically prohibit others; amplified sound outside of a structure, which requires a permit; and Spec/a/Events permits. Bob indicated that legally, the new ordinance is much more defensible than the old ordinance. NOISE ORDINANCE WORKSHOP OCTOBER 26, 2004 PAGE 4 Scott stated that there were operational issues as well as legal issues with the old ordinance. A complainant would state that a sound was disturbing their home, while witnesses at the home the noise was coming from would state it wasn't, and without an objective standard it was difficult ta resolve these noise ordinance issues. The subjective standard also meant an officer could not be the complainant, leading to instances where clear violations went unaddressed because there was no one willing to step forward and lodge a complaint. There were also fairness issues with the old ordinance relating to content, where certain types of music would receive complaints, and other types of music at the same volume would not generate complaints requiring enforcement. Scott stated that the new ordinance was more enforceable, and has been far more successful in limiting problems with live bands and other issues than the old ordinance. Mike and Nancy asked if we could just lower the decibel level limits. Bob responded that yes, we could, but City staff did an extensive study to arrive at the current decibel level limits, and to change the limits we would need some empirical evidence supporting our reasoning for revising the limits. Pete noted that the quality or type of sound can have an impact on how annoying it is, and that the standard based on decibel levels does not necessarily take this into account. Mike agreed, and related a situation near his home where a vehicle is parked out in front of the residence with the stereo playing, and each time an officer tums the comer, the stereo is turned down, and then turned right back up once the officer leaves. Scott suggested that perhaps this was more an issue with educating the neighbors, where Section 8Ia) of the Noise Ordinance specifically prohibits the use of a sound amplification device outside of an enclosed building without first having obtained a permit. Lisa also suggested that social pressure could be used at neighborhood meetings and parties to encourage residents to not violate the Noise Ordinance. Scott stated that the reason the new ordinance has decibel level limits set where they are is to ease enforcement by allowing officers to focus on only two different types of zones, avoiding problems like those experienced in Portland where officers almost have to be planners to enforce their noise ordinance. Bob stated that the current ordinance is internally consistent, and that chopping pieces out or inserting new sections can be problematic. The group then briefly reviewed the Council minutes for the September 13tn meeting, and then moved on to discussing the letter received from Ruth NOISE ORDINANCE WORKSHOP OCTOBER 26, 2004 PAGE 5 Wells. ,Scott indicated that officers had spent some time with her. Of the four complaints received by the department, one was cancelled, two were responded to within fifteen minutes, and the last was responded two within one hour. The responding officers had tried to work with her and mediate between Wells and the landlord of the property in question. He also noted that the criminal activities referenced in her letter were not included in the four complaints to the department, flo Ann asked whether we could address sound problems with landlords rather than with tenants, as suggested in Wells' letter. Bob stated that we try to cite the tenant first. We could ultimately cite the landlord, but to da so we would need to prove that the landlord has a certain level of responsibility for the actions of their tenant. In his training of Police officers, he has told them to use their discretion, but not to stretch. ,Scatt stated that we can do as much with Section 6(B) of the ordinance as is defensible, but cannot move beyond that objective standard otherwise actions become subjective, which is not legally defensible. He suggested that this would be a major step backward, and would move us to where we were with the old ordinance. Pete stated that he is comfortable with the existing ordinance, and the rest of the group indicated agreement. He asked if there is anything we should take a closer look at in the Wells letter. Lisa said that most of Wells problems are simply related to legal issues, laws that are already on the books. Pete indicated agreement, and the rest of the group agreed to move on. Public Meeting re Noise Ordinance Review Pete suggested that the next step in the process would be to submit the Task Force's recommendations regarding the ,Special Events Permit Policy to the Recreation and Parks Board, and to pose other questions identified to the Recreation and Parks Director. The Task Force wauld then hold a public meeting to discuss the Noise Ordinance. Lisa suggested that we invite those putting on events, such as the Woodbum Downtown Association, so they can understand the impact of proposed changes on the ordinance. Pete suggested we send a special letter to event organizers, neighborhood watch captains, and to the complainants who attended the Council meeting. Pete also asked that we place an open invitation in the newspaper, and that to accommodate the larger group, that we hold the meeting in the Council Chambers. The group agreed upon two alternative dates for the meeting, December 2nd and 7th at 7pm. NOISE ORDINANCE WORKSHOP OCTOBER 26, 2004 40 PAGE 6 o Fall Cleanup Event Debrief Discussion of the Fall Cleanup event was postponed to a later date. For the Good of the Order None. Adjourn The meeting was adjourned af 8;55pm. NOISE ORDINANCE WORKSHOP OCTOBER 26, 2004 PAGE 7 TH - Cl'rY OF WOODBURN 81 Livability Task Force Mission Statement: "It is the mission of the Livability Task Force to create and promote programs that result in a cleaner community where there is pride in property ownership, with a full range of commercial services, and with ample recreational, cultural, and entertainment activities for all age groups. It is the Task Force's further mission to create and promote an environment where all residents can feel safe, will interact with each other, will celebrate their unique traits and diversity, and can share a strong and common sense of community." Task Force Minutes for Thursday, December 2, 2004 Ro,, Ca,, DRAFI Committee Members: Pete McCallum Nancy Kirksey Jo Ann Bjelland Mike Bergeron Present Jane Christoff Present Present Betty Guzman Present Absent Lisa EIIsworth Absent Present Phyllis McKean Present Also present: Scott Russell, Police Chief Bob Shields, City Attorney Randy Westdck, Recreation and Parks Director Matt Smith, Committee Staff Support Welcome Pete briefly introduced the Livability Task Force to the members of the public in attendance. He stated that the Task Force, does the fall and spring cleanup, the flower baskets under the directian of Jo Ann Bjelland, the Front Street neighborhood park with Betty Guzman leading the way, and several other activities. Pete stated that this evening the Task Force has a very specific goal in mind, and that is looking at the Woodbum Noise Ordinance that was asked of the Task Force by the City Council at its September 13 meeting. He asked members of the public that would like to receive notices of future meetings regarding the noise ardinance to sign the mailing list sheet, and if they would like to make comments, to please sign the comment sheet. Pete noted that one of the City's policies related to the noise ordinance, which kind of grew out of it was the Special Events Po//cy of the Recreation and Parks Department. He said that the Board will be reviewing that document, and that they did ask the Task Force for comments. The Task Force has made recommendations, and the Board is now handling that. Pete welcomed Randy Westrick, the Recreation and Parks Director, and asked him to step forward and provide the Task Force and the public with an update regarding their progress. Staff Reports Randy stated that back about three years ago, the City Council adopted a series of policies that govern special events for the city's three community parks; Legion Park, Settlemier Park and Centennial Park. Among the things that are addressed within the policy are music, PA and amplified sound, which provides the link to the noise ordinance. The noise ordinance limits sound that comes from park amplified sound to 80 decibels at the park boundary, although the current policy allows staff to put further restrictions on an applicant. Randy noted that those further restrictions didn't help a whole lot in September when there were a lot of complaints, even though they had lowered the allowable decibels ta 70, which was still too high. The Recreation and Parks Board learned of this problem in September, in October they discussed in on their agenda, and in November discussed it in much greater detail in anticipation of the December 14 meeting, when they will be looking at a final recommendation to the Council. Randy stated that one of the things the Recreation and Parks Board wants to do is establish specific DBA limits, but do it during the sound check process before an event starts. During that sound check process, they would like staff to do sound checks with a DBA meter at the park boundary and also out through neighborhoods. The new po//cy will also require public noticing, something that was only recommended in the current policy. Randy also noted that based on a recommendation from the Livability Task Force, staff will give the event producer either addresses or a map that will outline the extent of public notice, perform prior testing during the sound check, and then set some specific standards that will be monitored throughout the event. Randy stated that another new aspect of the revised policy is specific policies for specific parks, including Settlemier Park and Warzynski Plaza, the latter in anticipation of the new plaza opening next summer, lie also indicated that the Board steered away from specific decibel limits beyond the 80 decibels and putting restrictions on how an event producer sets up. The reason the Board took this approach is because each event producer could have different equipment, different goals with who they are trying the reach and how they are trying to reach it. NOISE ORDINANCE PUBLIC MEETING DECEMBER 2, 2004 PAGE 2 Randy mentioned some af the park-specific policies; for Settlemier Park, amplified sound would be allowed only between noon and 9 p.m. on Friday and Saturday; from noon till 7 p.m. Sunday through Thursday; and no later than 7 p.m. on weekdays. Approved amplified sound cannot exceed 6 hours in total, so between that noon and 9 p.m., there would have to be 3 hours of quiet time. And amplified sound would only be allowed for stretches of 2 hours at a time and it would have to be broken up. It would need to be broken up with 3D-minute intervals. Randy indicated Parks staff would do the sound checks before the event and then set an objective standard at that point based on what they hear at the park and what they may hear in some of the neighborhoods. Randy also mentioned that when the Recreation and Parks Board discussed this with some neighbors, the neighbors indicated they would be willing to serve as guinea pigs for the testing process. The neighbors initially suggested, but have since backed off on such issues as limiting sound only ta the ball fields and keeping it out of the grove and out of the gazebos, and limiting special even permits in that park to one day, because they didn't want to paint the City into a comer. Their primary contention was that for the recent event in Settlemier, there was too much volume, it was for too long, and the time periods were too extended. Specific policies relating to Warzynski Plaza include amplified sound be allowed between 10 a.m. and 9 p.m. April through October, followed by 10 a.m'. to 8 p.m. November through March. Randy noted that in November through March, people tend to have their windows closed and the air seems to be a little heavier so sound doesn't travel quite as well. Randy stated that an additional change is that they are now requiring notice, allowing neighbors time to plan for the events and to find ways to avoid the noise, such as leaving for the evening or closing their windows. Randy also indicated that the Board would like to revisit the issue in a year once additional data has been gathered. Given its relative isolation, Centennial Park has not been discussed yet regarding additional limitations. Randy concluded by stating that he expects the Board to settle on a specific recommendation this month, and will ask the Council to officially amend the policy in January. Pete stressed that this issue is sffil before the Recreation and Parks Board. Randy agreed, and stated that all of those who had complained to the Police Department and the Council are on a mailing list for meeting notices. NOISE ORDINANCE PUBLIC MEETING DECEMBER 2, 2004 PAGE 3 Jane asked how things went the previous Saturday, and noted that she had heard there were over a thousand people downtown. Randy replied that the sound did not carry very far, and could not be heard a short distance from the event, and suggested that it appeared to be atmospheric conditions that caused the dampening of the sound. Randy also mentioned that the Tree Lighting Ceremony would be held the following weekend, and that it would function as a trial run for many of the suggested revisions to the Special Events Policy. Pete asked if any of the members had additional questions for Randy, and hearing none, he thanked Randy for his update. Pete then introduced Bob Shields, and said that he would be providing a condensed history of the noise ordinance and overview of legal issues, condensed because he had provided much af the material ta the Task Force at the previous meeting. Bob noted that there were 3 city councilors and 1 former mayor in attendance, and that we are probably in the position that if something needs to be done with this ordinance, we can prabably do that. Bob noted that the previous noise ordinance was not even a page, was not atypical of noise ordinances in other jurisdictions, and that similar ordinances can still be found in Oregon and other places. The old ordinance says that no person shall create or assist in creating or permit the continuance of loud and disturbing noise in the city of Woodbum. Bob said that legally one of the reasons we looked at this is that loud and disturbing noise is sort of in the ear, not the eye, of the beholder in trying to determine what the term "loud and disturbing" really means. He said that if you are talking about unnecessary noise and loud noise, if you don't have any kind of measurement of it at all, then that is a concern. He mentioned a ruling in the Salem Municipal Court, which, although not binding on the City, st///remains a concern, where several years ago a Municipal Court judge did find that a similar ordinance in Salem was overly vague. He said that this was explained to the City Council in 2002 when they chose to pass the new ordinance, which is more modem and presumably a better ordinance, although as with any new ordinance, it is not perfect. Bob said that the new ordinance has four essential parts: first is the decibel level limits, and the second is prohibited noise, which is similar to parts of the previous ordinance that Council decided to leave in, but is more specific than the old ordinance, such as prohibiting the repeated sounding of an anti-theft alarm system, and limitations on demolition and construction NOISE ORDINANCE PUBLIC MEETING DECEMBER 2, 2004 PAGE 4 except between 7 a.m. and 9 p.m. These are what lawyers would call per se violations, which must still be proven, but do not necessarily require a decibel meter. Bob said that decibels are very specific, but the number of decibels you are going to require, that is something that varies from jurisdiction to jurisdiction and it is usually based on what seems to reasonable to the Ioca//ty in terms of different violations that will occur if they're not met. He noted that sometimes you catch in the net violators that you really are not trying to catch, and yet officers need to reply across the board as it is written. Bob said the new ordinance has a limit of 60 decibels between 9 p.m. and 7 a.m. where the property receiving the noise has a residential zoning designation, and then 70 decibels between 7 a.m. to 9 p.m., so it is higher during the day where the property receiving the noise has a residential zoning designation. And in the new ordinance, the limit is 65 decibels between 9 p.m. and 7 a.m. at night where the property is something other than residential, which would generally by be commercial or industrial. And then up to 80 decibels between 7 a.m. and 9 p.m. during the day again, where the property receiving the noise has a zoning designation which is not residential. He stated that the third essential part af the ordinance is the park situation, which Randy had already covered. Bob continued, stating that the fourth part of the ordinance would be the general sound amplification permits. In the old ordinance, in terms of why to grant permits, why not to grant a permit, there really wasn't anything in there. In the new ordinance, permits are granted at an administrative level based on criteria established in the ordinance. The enforcement of sound amplification permits requires some officer discretion in enforcing this provision; denials can be appealed to the City Council. Pete asked if the ordinance, now that it was two year old, had presented any legal difficulty upholding all or part of it in court. Bob responded that no, there hasn't been any legal problems with the ordinance, and that is partially due to his having worked with our Municipal Court Judge when the ordinance was being developed to get her input, and she went through it fairly thoroughly. Although, he cautioned that the ordinance is only two years old, and remains fairly untested. Pete asked if there were any more questions for Bob, and hearing none, he introduced Scott Russell, and said that he would be addressing enforcement issues and statistics. NOISE ORDINANCE PUBLIC MEETING DECEMBER 2, 2004 PAGE 5 Scott indicated that the old ordinance came before Council for revision for a number of reasons. One was due to the legalities and some of the issues that were happening in case law. The other issue really was enforcement problems the Police Department had with the ordinance. Scott noted that under the previous ordinance "if it disturbs me, it is too loud." They often would get in situations where the officer would respond and take complaint on a noise violation, get a signed complaint, come in to court with their witness in tow who would testify that it disturbed them, and the defendant would bring in 1,5 other neighbors that said it didn't disturb them. He said this dynamic/ed to a lot of dismissals an what they thought were legitimate noise complaints. That was one of the major problems with the ordinance with the way it was enforced. A/sa, it was here again, what is disturbing and what is not. The Police Department had several issues with different establishments and there were even households where there was a lot of noise, but an officer could not be in a grieved party or it couldn't be too loud for the City. So the Police had to find a complainant to sign a complaint. That meant live bands in neighborhoods where officers were waiting around at 3 in the morning trying to find somebody to sign a complaint and were just not able to solve the prablem. There were a lot of unhappy citizens, although they may not be willing to step forward and sign the complaint, there were still upset that this was going on. Scarf stated that those were a couple of the reasons that the Police Department came before the Council two years ago asking for a change in the ordinance. Since that time, the Police have been enforcing this ordinance and it has had its issues, although not nearly as much as the previous ordinance had. Scott stated that their role in enforcing the ordinance begins with an investigation and then some sort of remedial action or enforcement action, and then if there is enforcement action, they have the prosecution of the case. Sound in Woodbum is regulated two ways. The per se violations that are a violation regardless of decibel level and then the decibel violations. In the per se violations, ampfified sound outside of the structure is included, and those do fall into the area of officer discretion. Is it a loud speaker out in the yard or is it merely an am/fm radio in the gardene.-that is an issue for discretion and a lot of it depends on what the sound is and what conditions are present. Scott continued, stating that when officers go out to enforce, they try to identify the type of complaint and violation. Is it one of these per se issues or NOISE ORDINANCE PUBLIC MEETING DECEMBER 2, 2004 47 PAGE 6 is it decibel standarde. They begin looking and investigating and trying to get evidence. That evidence might be statements of the person complaining, it may be a meter reading on our decibel meters which have the beneficial ability to capture that data and then print it out and present it to the court. The next step is finally taking some action to resolve it, whether it be mediation or mitigation of the event or actually issuing a citation. Scott stated that so far this year, the Police Department has received 571 noise complaints, as of today, that they have responded to. Most of those are resolved through some sort of mediation or mitigafian. About 2 - 3 percent do get citied and go to trial. The Police have not lost any of those cases at this point, and are 100 percent in that regard. Some of the issues found in enforcement include officers trying to balance people's right to expression with people's right to peace and quiet in their existence. Scott noted that it can be a balancing act and certainly while they are doing that, they have to be mindful of peaple's civil rights and civil liberties to do what they da. Officers also have to contend with the interaction of sounds between different uses. The City has commercial uses and noncommercial uses of property, and some of those zones are right up against each other. He noted that this can be challenging when you have certain types of business trying to conduct business right next to residential zones. He also noted that there are the same issues that Randy talked about with atmospheric conditions and other conditions impacting sound. He stated that perhaps the biggest challenge they have is tl~at the ordinance is more complex than the previous one. They think it is better, but it is clearly more complex. Their biggest challenge is the challenge they have in all factors of law enforcement: effective communicatian. Their ability to communicate with citizens what is actually in the ordinance and their ability to listen and try to find out what they are seeing and what they are hearing and what elements of a violation might be there. He stated that miscommunication happens, but that communication skills are the biggest tool that officers have in their toolbox, and same officers are better at using it than others. They work to hire the best communicators available, but he noted that even from his conversations with the Task Force, there were some misunderstandings about different parts of the ordinance, and so it is important that afficers continually communicate with the citizens what is in the ordinance to help the citizens, and the citizens are able to communicate NOISE ORDINANCE PUBLIC MEETING DECEMBER 2, 2004 PAGE 7 with officers. Scott noted that as Bob said, ordinance adjustment is certainly possible, and the Police support what recommendations are made and what Council directs. Although he suggested caution in that any changes will have consequences, good, bad, and unintended consequences. He emphasized that as the group discusses the ordinance, they recognize that there are enforcement issues involved and it makes a difference in how the Police can do their job depending an how the ordinance is laid out. Jane asked if Scott had said 57! complaints, and Scott replied that that is correct. Jane asked out of thase, what percentage are repeatse. Scott replied there are some of those, but that he doesn't have that statistic on hand, and offered to find out. He stated that what they try to do with repeat complaints is identify them as part of their community policing program to solve the problem, rather than continuing to respond to the same problem over and over again. Pete mentioned instances where a complaint would be made, an officer would arrive, and the violator would turn down their stereo until the officer departed, and then turn it right bac/< up. Pete asked how officers respond to situations like that, do they ignore the call or do they talt~ to the complaining party if a name has been lefte. Scott responded that it would depend on the event. He said that since we are talking hypothetical, he could tell Pete what he would do, and that is his expectation what his officers would do. He said that the officer would contact the complainant if the complainant were willing to talk about what the complaint is and who the offending party is. More often than not, Scott noted, if you can get to the offending party, you can eliminate repeat calls and ongoing problems. Most people don't want that kind of contact with the police. If it is an ongoing problem at that point and it is a matter of their turning it off before the officer gets there, if it is a per se violation, the officer can take a statement from that citizen and issue a citation based on that, if it is an amplified sound outside of a structure situation. If it is a sound coming from within a structure that is falling under the decibel level, Scott said that is a little mare challenging. He continued that the officer is going to have to work with the citizen that said this is an ongoing problem, and find out if the citizen can tell the officer when it is occurring, and perhaps ~he officer can make an concerted effort to get there and get a decibel reading so the officer can take enforcement actions. NOISE ORDINANCE PUBLIC MEETING DECEMBER 2, 2004 PAGE Pete asked if he has a neighbor who is bugging him about a situation like that, should he continue calling the Police, or would he get in trouble after a while if he kept calling and the problem remains unresolved. He asked if he should keep a record or a log that he can give the officer who is responding, so the officer could look at what has occurred. He further asked what Scott would suggest if he were going to educate the public regarding the process they should follow. Scott responded that t(eeping a log is a good idea in any circumstance, because that helps the responding officer establish what the pattern is. But one of the big problems that he has in talking with citizens that have issues is, has the citizen called the Policee. The response he often hears is "well, yeah I called one time, but nothing happened and I don't call anymore." Scott said that unfortunately, other people do call-they are running about 20,000 calls a year-and if a citizen doesn't call, someone else is calling and officers are going to help resolve their problem. He said he always encourage folks to call, and said that you can't call too much. He asked that if is not an emergency, do not call 911, but the more input they can get, the more effectively they can identify the issue, and the more help they can give citizens in helping to resolve the problem. Scott said that if the Police don't know about it, they are going to be dealing with someone else who is letting them know about their problem. He noted that a lot of citizens are afraid to do that. Phyllis asked it is a plus or minus for us to have the fiestas once a month in the downtown at the plaza. Scott asked her plus or minus in what way, and she responded in reference to the noise, traffic, and other issues. Scott said that they've had few if any complaints, and that it appears that the events draw families and citizens into the downtown, pushing some of the criminal elements out of the downtown area. Pete said that Scarf had mentioned the complexity of enforcing the ordinance, and asked if there is something that could be changed in the ordinance to make it simpler, or is it just a matter of training and experience~. Scott replied that officers regularly deal with issues more camplex than the Noise Ordinance, so it certainly isn't faa complex for them. He indicated that what he was trying to communicate is that explaining the nuances of the ordinance to a complainant can be difficult: the per se violation and the decibel level violation, the different zones and times included in the decibel level violations, and sa on. Scott said that he has not heard of any officers having difficulty understanding the ordinance, and rather what he is hearing is that the new ordinance is clearer, and more easily enforced. NOISE ORDINANCE PUBLIC MEETING DECEMBER 2, 2004 50 PAGE 9 Nancy stated that her problem with this ordinance is the zoning designations, for instance the plaza is downtown and residential neighborhoods are within a block. She asked where is that line, because on a clear day when sound travels at its best, she suspects the surrounding residential area is being impacted at the same rate, at the 80 rather than the 70. She stated that that there are very few unaffected areas, Centennial is somewhat isolated, but in the future it won't be either. She said that if there are two different zones, the lesser af the two sound limits should take precedence. She suggested that the sound limits in neighborhoods near parks should be 70 decibels, while right now, Settlemier Park has an 80 decibel level limit, and asked if this was correct. Scott responded that if you look at the decibels under Section 6, haw that is identified is that of the property receiving the noise. He said that if you are in a residential area and you call the Police about a noise complaint and an officer comes to your house with a meter, that meter reading will be based upon what your zoning is, where you are getting the noise. It is not elevated because it is coming from somewhere else. He said that what she was talking about with the parks is merely a reflection of all the rest of town because there are houses next door to restaurants and other establishments and manufacturing facilities; that issue is everywhere. He stated that the ordinance itself was designed so that the property receiving the naise is cantrolling the issue, not the property generating the noise. Nancy responded that perhaps the limit in the plaza would not be at 80 decibels because the property around it would be affected. She suggested that this is still a little loud, and that the nature of the plaza is that there isn't any ground to absorb the sound. Pete mentioned that sometimes when pre-event readings are taken, there isn't anyone there, and people and boaths tend to absorb some of the sound, so when everyone is there at the event and there are still high readings, that is something to be concerned about. He asked if there were any other questions. Nancy suggested that we should, as a society, have the decibel levels as Iow as possible to protect young ears from excessive noise levels that can damage hearing over time. Phyllis stated that often times you can hear the base from car stereos two blocks away in your house. Scott responded that there are two decibel level measurements, the A level and the B level. The B level is the base level. They have the ability to switch between each type of measurement, and suggested that if you can feel it, it is off the scale. Nancy NOISE ORDINANCE PUBLIC MEETING DECEMBER 2, 2004 PAGE 10 inquired whether Scott has the necessary equipment to measure sound. Mike asked if all of the Police Department's meters have that ability, and further asked whether complainants need to specify that it is the base that is bothering them. Scott replied that all the meters they have can measure both types of sound, although to read each type they need to be switched, and he suggested that if this is the problem, it would be helpful if complainants were to tell the officer. Jane asked if the Police had enough meters for every officer on duty, and Scott responded no, they have two meters. He noted that the Sergeant has one and there is one out with the officers, and that this has generally proven to be enough, but they will look at the issue in the future and consider adding mare meters. 4. Public Comment Regarding the Noise Ordinance Pete said that he was hoping to have more folks at the meeting, but asked anyone in the public wha would like ta comment to step forward. Jim Cox (1530 Ranier) noted that most af those in attendance new he was a City Councilor. He stated that of the 571 complaints in 2004, with 2-3 percent resulting in citations, this means there wauld be between 11 and 17 citations in Municipal Court so far in 2004. He asked Scott if this was correct; Scott replied in the affirmative. Jim continued, stating that he presumes the other 97 or 98 percent fall into one of two categories: either Scott's officers are able to contact the allegedly offending property-the person who is generating the noise-and talk to them like a Dutch uncle and tone things down and that is the end of it, which is probably the best way to resolve a situation. Jim noted that the other one is where the complaint is so unclear that the officer can't identify or locate the offender, or for whatever reason the officer is simply unable to do anything very substantive about the camplaint. He asked if this would be generally where the remainder fallse. Scott again replied in the affirmative, and stated that in fact, that about 70 percent fell into that category, unable to locate or gone on arrival. Jim stated that the reason he came down tonight is because there has been an ongoing problem in his area, and Scott is well aware of it. Although, he said he hasn't heard about it for the last few months, and hoped that the situation has resolved itself and the guy hasn't just gotten tired of calling. Jim said that the man's name is Bob Day, who lives on Country Club. Jim continued, stating that incidentally, Bob Day is a nice man, and he is nat the kind of guy to complain, so if he says he is disturbed, Jim said he believes him. Jim also noted that he thinks it is good that we do have objective levels, NOISE ORDINANCE PUBLIC MEETING DECEMBER 2, 2004 PAGE 1 1 decibel levels, and for most situations it is much better than the old system. But, he suggested that based an the following comments, he would recommend that in some situations, the decibel levels be lower than they are now. He suggested that the difference between 60 and 70 decibels for instances, doesn't sound like a very big increase, which he stated is incorrect. He said the increase from 60 to 70 decibels is not a 15 percent increase; it is an increase of 10 times. He noted that he doesn't purport to be a sound engineer, but it is his understanding that 70 decibels would be 1(] times as loud as 60 decibels. He said that where you set that decibel level at, just varying it a few points, can make a big difference in the perception of those who hear it. Jim noted that when he got involved in this, listening to 8ob Day's stories and referring him to Scott Russell, and this happening two or three times-Mr. Day has always complimented Scott on his willingness to sit down and talk about these things and be helpful-but it is a continuing problem because he is right across the street from the bar in back of the Chinese Restaurant where the single family zone is on one side of the road and the commercial zone is on other and the commercial zone in this case has music at night. Jim said 8ob Day's complaint is essentially twa fold: one, particularly on summer nights when it gets warm inside the club and they prop the doors open to give them more air, the amplified music comes out as late as lam and wa/~es them up from their sleep, and the City can't ga after them as he understand it for violation of the amplification provision because it comes within a closed building even if it goes out the open door. Two, he also complained about the fact that when they start to close the bar down and everybody gets a little happy with the juice they've been drinking, they come out and turn on their diesel pickups and rev them and ma/~e a lot a noise departing the place with loud conversation. Principally, Bob has told Jim it is the music. Jim said he suspects the noise from the vehicles, there is probably nat much we can do about that unless we can be there when it occurs, or can be handled under a compliance plan under the OLCC. He continued, stating that the music has potential for being disturbing, particularly late at night and in the summer when it wa/~es you up out of a sleep, which does happen according to Mr. Day and his neighbors. Jim said that he did some checl~ing, including Portland's ordinance, which has a limit 5 decibels lower than we do as permitted level af noise into residential areas at night. He suggested that we consider lowering ours by 5 decibels. He indicated that he tried to get a test he could perform himself sa he could hear it and change these numbers on paper, 60, 70 and so forth into how that really sounds. Sergeant Prinslow came out and tried ta help him, but unfortunately, he discovered that if the wind is blowing, you don't NOISE ORDINANCE PUBLIC MEETING DECEMBER 2, 2004 PAGE 12 get any reliable readings. He said that it is basically a microphone covered with foam rubber like stuff and the wind just makes so much noise that the readings become impossible to rely on, it was windy when the Sergeant came out, and Jim never followed up to try it again. He suggested it would be interesting if a test were done in the hall or the back of the room where the volume on a radio was slowly increased, and he said he suspects you would think it was really loud by the time it got to 60 decibels, and that you would not want that coming into your house at 1 a.m. He suggests this might be a useful test, because Portland does have a 5 decibel lower limit. He alsa indicated that another possibility would be to have a different decibel level at 10 p.m. than you would at 1 a.m. Or midnight, and perhaps break it down even further, because a naise that is ok at 9 p.m. wouldn't be acceptable at midnight. He said that most people are still up at 9 p.m., but by midnight, most people are asleep. He suggested this is another way of addressing the problem, and encouraged the group to think of other ways the ordinance can be fine-tuned. Pete said that he would rather not focus on just one case, but at the same time, were there other complaints from neighbors, or is it just this one individual~. Scott responded that he has worked with a graup of neighbors and Mr. Day on that same issue. He said they'd had officers out there trying to get a reading, with citation in hand ready to lay it, but the officers were not able to get enough level on the machine. Scott also said that the cars leaving and the activities around that establishment are part of the Po//ce's responsibilities, and that they've worked with the neighbors, OLCC, and the business owner to try and resolve that problem. Frank Lonergan said that he was surprised that more citizens hadn't come to testify. He stated that he lives right in the downtown area, and that the sound at recent events in the Plaza hadn't been too bad. He noted that during the summer the noise was sometimes noticeable, particularly the deep base, and the length of time sound was amplified at some events also was a problem. He said that Scott had been effective at addressing many of the problems, and that he had expected there to be more problems associated with naise made by animals. Frank also said that he agreed with Jim in that he would like to hear the difference between 60 and 70 decibels. He noted that during the summer, the length of time noise is amplified at events becomes a problem later in the evenings. He also suggested that yard maintenance equipment can be an issue, particularly something like a chainsaw running between 8 and 9pm. He said that he has received several NOISE ORDINANCE PUBLIC MEETING DECEMBER 2, 2004 5'~ PAGE 13 calls from constituents regarding amplified radios, and that with only two officers with meters, by the time they arrived the offender had turned it off. He said he was concerned that we can't do anything without the officer hearing and measuring the sound. Pete thanked Frank for his comments, and asked if there were any other comments from the public. Hearing none, he closed the public discussion portion of the meeting and opened deliberatians. Task Force Deliberation and Recommendation Mike asked if it would make a difference if we were to educate the public more about the decibel level limits, and to round the limits to more easily identified levels, like 60, 70, 80, rather than 65 or 75 decibels. Scott responded, stating that the public is not sure of the different sound levels anyway, so to have them set at 65 or 75 decibels shouldn't make a difference. He said based on their initial evaluations, a 5 decibel reduction in the limits would not have a negative effect on enforcement. But, he said that real data on the change could only be obtained after making the change. He noted that if we were to consider regulating noise coming from other zones, we would need to develop a matrix in the Ordinance, which is significantly more difficult to administer than the methodology we use now. He commented that using a matrix for noise received between zones almost requires officers to become zoning technicians. Nancy asked where noise is tested from, the center line of a street, from the offenders property, or where. She suggested that if it was tested from the offenders property line, it would solve the problem of different zones. She also said that the difference between 70 and 65 decibels is a good place to start, and suggested we see how it functions for a year. Pete asked the Task Force if they were confident with recommending a 5 decibel reductian in the decibel level limits. Mike said he thinks so, and that he is interested in seeing further testing done. He said he is able to hear some of these events in his home, which is some distance away. Pete noted that the wind can affect how sound carries, which he has experienced with events occurring at the high school, which are inaudible at times and at others he can hear clearly in his home. NOISE ORDINANCE PUBLIC MEETING DECEMBER 2, 2004 55 PAGE 14 Jane suggested that the Recreation and Parks Board revisit the placement of speakers, because she felt it would have a significant impact on noise coming from events, and was concerned fhaf Randy Wesfrick had indicated the Board was not planning on requiring if. Mike, Pete, and other members of the Task Force voiced their agreement fhaf this be strongly recommended to the Board. Nancy asked what the zoning designation was for a street, where changes between zoning cafegor/es occur, and where we measure for noise complaints. Scott responded, stating that based on testing, readings of a normal conversation at 3 feet are 70-72 decibels, measured af 12 feet are 65-68 decibels, and measured across the street barely tip the meter af 5 decibels or less. He said that these tests indicate distance makes a huge difference in how loud a sound appears to the listener. He said he has two concerns: first fhaf a conversation on a back porch could violate the ordinance if the measurement was taken af the property line, but would be hard fo justify when it barely impacts a listener next door; second, he said that if is difficult fo determine zoning on a street. Bob said fhaf if is very important fhaf we address these issues. He said that there is a legal concern; if we fake measurements consistently in each instance. Jim agreed with Scoff, stating that the best place to measure is at the property of the complaining party, because they are whom we are trying fo protect. Nancy said fhaf she agreed. Phyllis asked about the situation where couples are yelling and screaming af each other in front of a bar. Pete suggested fhaf this is an OLCC enforcement issue. Pete recommended that a public information campaign, including water bill flyers, pamphlets that enforcement officers can use, and so on be used to educate the public about the ordinance, and how to make a complaint. Scott mentioned that Javier Perfecto, the City's Community Relations Officer, helped develop a pamphlet and developed a video for broadcast on WCAT when the new ordinance was adopted, and that these materials could be reactivated. Pete further suggested that a pamphlet be developed that instructs citizens how to complain, the procedures they follow when making a complaint. Pete called for a rate, and the Task Force unanimously agreed with the recommendation. NOISE ORDINANCE PUBLIC MEETING DECEMBER 2, 2004 PAGE 15 Pete asked the Task Force if that would be their recommendation to the Council, a 5 decibel reduction on decibel limits. ScOtt inquired whether the recommendation was a reduction on each category.' Pete asked if the group wanted the reduction to apply to industrial areas as well. Nancy asked if there had been any complaints in industrial areas. Scott responded that there hadn't been any that he can recall. Jane asked that of the successful citations, how far were the violators over the limit. She asked whether, rather than lowering the limits, it is an enforcement issue. Scott said that he is nat aware of statistics regarding this, but he said that most camplaints are in residential areas, and that regardless of where the sound comes from, the property receiving the noise prevails. Scott said that since there have not been any complaints in industrial zones, they have not studied the issue. Nancy recommended that the 5 decibel reduction be applied throughout the categories in Section 6IAI of the Noise Ordinance, including industrial zones. Pete and Jane seconded her recommendation, and the Task Force unanimously supported the recommendation. Future Agenda Items/Goal Setting Meeting Pete asked Matt to work with John Brown on identifying possible dates for the goal setting meeting, and to communicate those possible dates to the Task Force before finalizJng the meeting. 7. Adjourn NOISE ORDINANCE PUBLIC MEETING DECEMBER 2, 2004 57 PAGE 16 8J January 19, 2005 TO: Mayor and City Council through City Administrator mo : oJ SUBJECT: Police Deparlment Statistics - January through December 2OO4 RECOMMENDATION: Receive the Report BACKGROUND: The attached reports list police department calls for service for the calendar year 2004, displaying statistics by month. The first set of statistics represents Criminal Offenses, the second represents Arrests by Offense. DISCUSSION: The statistics continue to be gathered from the Police Department's new records management system. A comparison of previous year crime statistics will be available at the February Council meeting. FINANCIAL IMPACT: None Agenda Item Review: City Administratce~r~/ City Attorney Finance~ 58 ~T r Ti' ]ATE: 1/19/2005 PL6860 FIME: 13:52:49 MONTHLY CRIMINAL OFFENSES FOR JANUARY THRU DECEMBER 2004 LINDAEU )RI#: 0R0240500 WPD RESULTS FOR ALL OFFENSES :HARGE DESCRIPTION JAN FEB MAR APR MAY JUN JLY AUG SEP OCT NOV DEC TOTAL qGGRAVATEC ASSAULT 0 3 aIiGRAVATED MURDER 0 0 ANIMAL ORDINANCES 46 48 ARSON i 0 ASSAULT SIMPLE 10 6 A1-FEMPTED MURDER 0 0 BOMB THREAT O 0 BRIBERY 0 0 BURGLARY - BUSINESS 3 12 BURGLARY - OTHER STRUCTURE 3 2 BURGLARY - RESIDENCE 3 10 CHILD ADBANDOMENT i 0 CHILD NEGLECT 0 0 CITY ORDINANCE 14 8 CRIME DAMAGE-NO VANDALISM OR ARSON 20 24 CURFEW 3 2 CUSTODIAL INTERFERENCE 0 0 CUSTODY - DETOX 2 1 CUSTODY - MATERIAL WITNESS 0 0 CUSTODY - MENTAL 0 1 CUSTODY - PROTECITVE i 0 DISORDERLY CONDUCT 3 4 DOCUMENTATION 0 1 DRINKING IN PUBLIC 0 0 DRIVING UNDER INFLUENCE 8 12 DRUG LAW VIOLATIONS 23 4 DRUG PARAPHERNALIA 0 0 DWS/REVOKED - FELONY 0 0 DWS/REVOKED-MISDEMEANOR 7 9 ELUDE 2 0 EMBEZZLEMENT 0 0 ESCAPE FROM YOUR CUSTODY 0 0 EXTORTION/BLACKMAIL 0 0 FAIL TO DISPLAY OPERATORS LICENSE 6 5 FAMILY-OTHER 0 0 FORCIBLE RAPE 0 0 FqDGFRY/CCUNTERF~TTING !O 8 FRAUD - ACCOUNT CLOSED CHECK I 1 FRAUD - BY DECEPTION/FALSE PRETENSES I 1 FRAUD - CREDIT CARD/AUTOMATIC TELLER MACHINE 2 1 FRAUD - IMPERSONATION 3 5 FRAUD - NO ACCOUNT - CHECK 0 0 FRAUD - NOT SUFFICIENT FUNDS CHECK I 0 FRAUD - OF SERVICES/FALSE PRETENSES 1 2 FRAUD - WELFARE 0 0 FRAUD-OTHER 0 0 FUGITIVE ARREST FOR ANOTHER AGENCY 31 34 FURNISHING 1 0 GAMBLING - BOOKMAKING 0 0 GAMBLING - G~IES 0 0 GAMBLING - ILLEGAL DEVISES/MACHINES 0 0 0 5 5 1 6 2 0 2 0 2 26 0 0 0 0 0 0 0 0 0 0 0 50 26 28 19 21 2 5 3 5 0 253 0 0 3 1 0 0 0 0 2 0 7 17 15 12 18 11 17 18 20 14 10 168 0 0 0 0 I 0 0 0 I 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 2 4 3 2 2 9 0 2 1 45 6 3 2 2 i 3 i I 2 0 26 14 12 15 10 16 18 6 8 7 8 127 0 1 0 0 0 0 0 0 0 0 2 0 0 I i I 0 2 0 0 I 6 8 13 8 5 4 3 2 3 9 4 82 31 23 27 15 15 19 23 11 15 25 248 0 0 2 .6 0 0 2 2 I i 19 0 0 0 0 0 0 0 0 0 0 0 4 2 3 5 6 i 2 I 2 4 34 0 0 0 0 0 0 0 0 0 0 0 0 1 I 2 0 I 0 I 0 0 7 0 0 0 0 0 0 0 0 0 0 1 2 2 5 5 3 i 2 4 6 3 40 0 0 0 0 0 0 0 0 0 0 1 0 0 I I I i 0 0 0 0 4 B 9 6 11 4 16 17 12 6 9 118 9 19 19 11 11 13 10 9 4 13 145 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 0 3 2 i 7 2 6 2 3 45 2 1 3 i 2 i I 0 i i 15 0 0 0 0 0 0 i 0 i 0 2 0 0 0 0 0 0 1 1 0 0 2 0 0 0 0 0 0 0 0 0 0 0 5 I I 2 3 I I 2 0 1 28 O 0 0 0 0 0 O 0 0 0 0 0 0 I 1 I i 3 0 0 0 7 10 4 5 5 2 8 4 2 3 5 66 2 0 0 0 0 0 0 0 i 0 5 1 1 0 1 i 0 i 5 0 0 12 I 0 I 0 I 2 1 0 I 1 11 i 0 2 2 I 0 2 I I i 19 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 2 i 0 1 0 i 0 2 I 11 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 34 29 34 43 28 38 32 22' 26 31 382 0 0 0 1 0 4 0 0 0 I 7 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 kTE:' 1/1~/2005 PL6860 [ME: 13:52:49 MONTHLY CRIMINAL OFFENSES FOR JANUARY THRU DECEMBER 2004 LINDAEU tI#: 0R0240500 WPD RESULTS FOR ALL OFFENSES qARGE DESCRIPTION JAN FEB MAR APR MAYJUN JLY AUG SEP OCT NOV DEC TOTAL AMBLING - ILLEGAL PAY OFF 0 0 0 0 0 0 0 0 0 0 0 0 0 AMBLING - NUMBERS AND LOTTERY 0 0 0 0 0 0 0 0 0 0 0 AMBLING - OTHER 0 0 0 0 0 0 0 0 0 0 0 ~kRBAGE LITTERING 0 0 0 I 0 0 0 0 0 0 1 liT AND RUN FELONY 0 2 2 0 3 0 0 1 1 1 tiT AND RUN-MISDEMEANOR 12 13 21 7 7 12 10 23 15 17 11 iLLEGAL ALIEN - INS HOLD 0 0 0 1 2 0 0 0 0 1 2 ILLEGAL ESTABLISHMENT 0 0 0 0 0 0 0 0 0 0 0 iLLEGAL LIQUOR-MAKE.SELL,POSSESS 0 0 0 0 0 0 0 0 0 0 0 IMPORTING LIQLK)R 0 0 0 0 0 0 0 0 0 0 0 INTIMIDATION /OTHER CRIMINAL THREAT 0 0 2 2 3 3 4 4 5 1 1 JUSTIFIABLE HOMICIDE 0 0 0 0 0 0 0 0 0 0 0 KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 1 0 0 0 0 0 3 0 0 0 0 KIDNAB - FOR RANSO~I 0 0 0 0 0 1 0 0 0 0 0 KIDNAP - HI-JACK.TERRORIST 0 0 0 0 0 0 0 KIDNAB - HOSTAGE/SHIELD OR REMOVAL/DELAY WITNESS 0 0 0 0 0 0 0 0 0 0 0 LICENSING ORDINANCES 0 1 0 0 0 1 0 0 0 1 1 L~QuOR LAW-O[HER 0 0 0 0 0 0 0 0 0 0 0 LIQUOR LICENSE VIOLATIONS 0 0 0 0 0 0 0 0 0 0 0 MINOR IN POSSESSION 4 5 4 3 4 5 2 3 I 4 0 MINOR ON PREMISES 0 0 0 0 0 0 0 0 0 0 0 MISCELLANEOUS 4 8 4 5 9 6 8 6 11 12 8 MOTOR VEHICLE THEFT 16 12 12 19 19 10 13 16 15 15 25 NEGLIGENT HOMICIDE - TRAFFIC 0 0 0 0 0 0 0 0 0 0 0 NEGLIGENT MANSLAUGHTER 0 0 0 0 0 0 0 0 0 0 0 NON CRIMINAL DOMESTIC DISTURBANCE 0 0 0 0 0 0 0 0 0 0 0 NON SUPPORT 0 0 0 0 0 0 0 0 0 I 0 OTHER 9 11 7 ~ 7 5 4 5 8 3 4 PARENTAL RESPONClBILITY ORDINANCES (SVP) O 0 0 0 0 0 0 0 O 0 0 PROPERTY - FOUND LOST MISLAID 16 18 28 21 26 28 25 25 23 17 13 PROPERTY RECOVER FOR OTHER AGENCY 3 2 1 i I I 0 0 0 0 0 PROSTITUTION - COMPEL 0 0 0 0 0 0 0 0 0 0 0 PROSTITUTION - ENGAGE IN i 0 0 1 0 0 0 0 0 0 0 PROSTITUTION - OTHER 0 0 0 0 0 0 0 0 0 0 0 PROSTITUTION - PROMOTE 0 0 0 0 0 0 0 0 0 0 0 PUBLIC HEALTH AND SAFETY ORDINANCES 28 56 31 29 63 27 12 21 27 17 19 RECKLESS.DRIVING i 0 2 2 5 2 1 0 0 i 0 ROBBERY - BANK 0 0 0 0 0 1 0 0 1 0 0 ROBBERY - BUSINESS 0 0 0 0 1 0 0 0 i i 0 ROBBERY - CAR JACKING 1 1 0 0 0 0 0 0 0 0 0 ROBBERY - CONV.STORE 0 0 0 0 0 0 0 0 0 0 0 ROBBERY - HIGHI~AY O 0 1 1 0 0 I i 0 0 0 ROBBERY - OTHER 0 1 0 0 0 i 0 1 2 i 1 ROBBERY - RESIDENCE 1 0 0 0 0 0 0 0 0 0 0 ROBBERY - SERVICE STATION 0 0 0 0 0 0 0 0 0 0 0 RUNAWAY 17 2 5 11 8 11 5 7 12 B 3 SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY 0 i 0 0 0 0 0 0 0 0 0 SEX CRIME - EXPOSER i 0 0 0 0 0 I 0 0 0 1 SEX CRIME - FORCIBLE SODOMY 1 0 0 1 0 0 1 0 0 0 1 SEX CRIME - INCEST 0 0 0 0 0 0 0 0 0 0 0 SEX CRIME - MOLEST (PHYSICAL) 0 2 4 3 3 2 3 3 1 2 3 SEX CRIME - NON FORCE SODOMY 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 12 0 0 0 3 11 161 6 0 0 0 0 0 0 4 29 0 0 i 5 0 1 0 1 0 0 1 5 0 0 O 0 4 39 0 0 5 86 26 198 0 0 0 0 0 0 0 1 1 71 0 0 13 253 0 9 0 0 0 2 0 0 0 0 17 347 0 14 1 3 I 4 0 2 0 0 0 4 0 7 0 1 0 0 7 96 0 1 0 3 0 4 0 0 2 28 0 0 60 ,TE:' li1~/2005 PL6B60 ME: 13:52:49 MONTHLY CRIMINAL OFFENSES FOR jANUARY THRU DECEMBER 2004 LINDAEU II#: 0R0240500 WPD RESULTS FOR ALL OFFENSES JAN FEB MAR APR MAY JUN ~LY AUG SEP OCT NOV DEC TOTAL ~ARGE DESCRIPTION iX CRIME - NON-FORCE ~PE 0 I 1 I 0 I 1 0 I 1 0 0 7 EX CRIME - OBSCENE PHONE CALL 0 0 0 0 1 0 0 0 0 1 0 0 ~2 EX CRIME - OTHER 0 0 0 0 0 0 0 0 0 0 0 0 0 EX CRIME - PEEPING TOM 0 0 0 0 0 0 0 0 0 0 0 0 0 EX CRIME - PORNOGP, APHY/OBSCENE I~IATERIAL 0 0 0 0 0 0 0 0 0 0 0 0 0 EX CRIME - SEXUAL /tSSAULT WITH AN OBJECT 0 0 0 0 0 0 O 0 0 0 0 0 0 TALKER 0 0 1 0 0 0 0 I 0 I 0 0 3 ,TOLEN PROPERTY - RECEIVING,BUYING.POSSESSING 0 0 1 1 2 1 0 2 1 I 1 i 11 ;UICIDE 1 0 0 0 1 0 2 0 2 0 I 0 7 'HEFT - BICYCLE 2 i 4 6 4 3 7 8 7 4 5 0 51 'HEFT - BUILDING 7 3 7 3 3 7 3 5 I I 1 2 43 THEFT - COIN OP MACHINE 0 0 0 0 0 0 0 0 0 I 1 0 2 [HEFT - FROFI MOTOR VEHICLE 30 31 34 39 28 23 20 27 22 12 26 32 324 THEFT - MOTOR VEHICLE PARTS/ACCESSORIES 1 0 I I 3 3 3 I 2 5 4 2 26 THEFT - OTHER 12 14 14 28 19 25 15 24 15 23 16 21 226 THEFT - PICKPOCK[T 0 0 0 0 1 0 0 0 0 0 0 0 1 THEFT - PURSE SNATCH 1 0 I 2 3 0 1 0 I 0 1 0 10 THEFT - SHOPLIFT 15 14 18 12 11 13 6 2 10 10 16 13 140 TR/~:FIC ORDINANCES 61 53 73 20 19 21 14 0 3 I I 1 267 TP~FFIC VIOLATIONS 37 37 14 1 2 4 8 11 4 7 5 10 140 TRESP~S 6 3 5 6 6 3 6 6 7 7 8 5 68 UNKNOWN 0 0 0 0 0 0 0 0 0 0 0 0 0 VANDALISM 29 33 49 75 27 36 25 37 36 35 43 37 462 VEHICLE RECOVERD FOR OTHER AGENCY 3 3 4 2 3 2 3 2 4 3 3 8 40 WARRANT ARREST FOR OUR AGENCY 1 i I 0 1 4 1 I i I 2 0 14 WEAPON - CARRY CONCEALED 0 1 4 4 2 2 2 0 I 1 1 1 19 WEAPON - EX FELON IN POSSESSION 0 i 0 0 0 0 0 0 0 0 0 0 1 WEAPON - OTHER 0 0 0 0 0 0 0 0 0 0 0 0 0 WEAPON - POSSESS ILLEGAL 1 3 0 0 0 0 0 2 i 0 0 2 9 WEAPON - SHOOTING IN PROHIBITED AREA 0 0 0 0 0 0 0 0 0 I 0 0 1 WILLFUL MURDER 0 0 0 0 0 0 0 0 0 0 0 0 0 ZONING ORDINANCE 11 4 8 7 5 6 5 2 3 2 8 3 64 TSTAL. 541 542 577 495 495 445 359 409 395 337 352 360 5307 2004 TOTAL: 541 542 577 495 495 445 359 409 395 337 352 360 5307 2003 TOTAL: 520 360 437 459 567 570 470 542 523 678 582 554 6262 2002 TOTAL: 1 0 0 0 0 0 0 I 0 0 0 24 26 ,TE: 1/~9/2005 PL6850 ME: 13:52:23 MONTHLY ARRESTS BY OFFENSE FOR JANUARY THRU DECEMBER 2004 LINDAEU ~I#: 0R0240500 WPD RESULTS FOR ALL CHARGES ~RGE DESCRIPTION 3AN FEB MAR APR MAY 3UN 3LY AUG SEP OCT NOV DEC TOTAL ~G~VATED ASSAULT 0 0 0 3 1 1 B 1 0 1 1 i 17 3GPJ~VATED MURDER NIM~d_ ORDINANCES RSON SSAULT SIMPLE ,1-[EMPTED MURDER ,OMB THREAT ~URGLARY - BUSINESS ~URGLARY - OTHER STRUCTURE ½URGLARY - RESIDENCE ]HILD ADBAND(3MENT CHILD NEGLECT ii'FY ORDINANCE CRIME D~vV%GE-NO VANDALISM OR ARSON CURFEW CUSTODIAL INTERFERENCE CUSTODY - DETOX CUSTODY - MENTAL CUSTODY - PROTECITVE DISORDERLY CONDUCT D(M~UI~ENTAT I ON DRINKING IN PUBLIC DRIVI~IG UNDER INFLUENCE DRUG LAW VIOLATIONS DRUG PARAPHERNALIA DWS/REVOKED - FELONY DWS/REVOKED-MI SDEMEANOR ELUDE EMBEZZLEMENT ESO~PE FROM YOUR CUSTODY EXTORTION/BLACKMAIL FAIL TO DISPLAY OPERATORS LICENSE FAI~I LY-OTHER FORCIBLE RAPE FORGERY / COUNTERFE IT I NG FPJ~UD - ACCOUNT CLOSED CHECK FRAUD - BY DECEPTION/FALSE PRETENSES FRAUD - CREDIT CARD/AUTOMATIC TELLER {,V~CHINE F~UD - IMPERSONATION FRASS - NCT SUFF]CIENT FUNDS CHECK FRAUD - OF SERVICES/FALSE PRETENSES FRAUD-OTHER FLIGITIVE ARREST FOR ANOTHER AGENCY FURNISHING GA~I~LING - GAMES GAIV{3LING - OTHER GARBAGE LITTERING HI'[ AND RUN FELONY HIT AND RUN-MISDEMEANOR ILLEGAL ALIEN - INS HOLD' INTIMIDATION /OTHER CRIMINAL THREAT KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 0 0 0 10 0 0 0 0 0 0 0 0 6 4 0 2 0 2 2 0 0 8 30 0 0 7 0 0 0 0 6 0 0 0 0 0 3 0 0 1 0 3 0 0 0 3 4 0 0 0 0 0 0 0 32 0 0 0 0 0 2 0 4 0 0 0 0 14 0 0 0 1 0 0 0 0 1 2 0 0 0 2 3 1 0 0 9 4 0 0 0 0 12 7 3 12 0 0 0 0 9 3 0 1 0 0 0 0 0 0 5 5 0 0 0 0 1 1 4 0 0 0 34 0 0 0 0 1 2 0 1 0 0 0 12 4 1 0 3 0 0 0 36 0 0 0 0 2 2 0 1 0 0 0 0 0 0 0 0 0 1 0 0 1 1 0 0 8 7 14 14 14 0 0 0 1 0 0 0 0 0 0 0 5 0 0 7 0 0 0 0 1 2 I 0 1 12 1 0 0 0 0 0 0 0 2 0 2 0 0 i 0 3 10 2 I 0 0 3 9 0 0 0 0 0 0 0 3 4 5 6 1 1 0 2 0 1 0 0 0 0 0 5 5 7 3 1 0 0 0 0 0 1 i 1 1 10 6 11 5 16 19 23 18 14 12 0 0 0 0 0 0 0 0 0 0 1 5 2 i 7 1 i 2 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 2 2 2 2 o 0 0 0 0 0 0 0 0 0 4 5 8 I 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 31 40 55 41 37 0 0 1 0 4 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 1 0 0 0 0 1 2 1 2 1 1 i 0 0 1 2 4 8 6 0 0 0 3 0 0 0 O' 12 0 0 1 0 0 0 0 0 0 0 0 0 23 11 11 0 1 0 0 0 0 0 0 0 0 1 0 0 0 1 1 2 0 0 0 0 0 0 0 2 0 0 1 1 2 0 0 2 6 3 I 1 0 0 0 0 2 1 2 4 0 1 0 0 0 2 0 0 2 6 10 6 0 0 0 0 0 0 0 0 17 12 6 10 10 12 5 15 0 0 0 0 0 0 0 0 3 7 2 3 i 0 2 0 0 0 0 1 0 0 0 0 0 0 0 1 2 0 1 0 0 0 0 0 0 0 0 6 1 0 4 0 0 1 0 1 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 36 26 28 38 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 1 0 I I 0 1 2 4 2 1 0 2 0 5 2 3 5 0 0 0 2 0 1 2 141 2 14 3 23 1 4 5 30 29 0 35 6 4 60 0 4 120 173 0 0 5O 10 0 1 0 31 0 0 48 5 3 3 8 0 1 1 434 6 0 0 2 6 21 6 42 5 )ATe: 1/19/2005 ']ME: 13:52:23 )RI#: 0R0240500 WPD MONTHLY ARRESTS BY OFFENSE FOR JANUARY THRU DECEMBER 2004 RESULTS FOR ALL CHARGES ]HARGE DESCRIPTION PL6850 LINDAEU (IDNA~ - FOR RANSOM (IDNAJD - HI-JACK,TERRORIST (IDNAP - HOSTAGE/SHIELD OR REMOVAL/DELAY WITNESS _ICENSING ORDINANCES _IQUOR LAW-OTHER ~[NOR IN POSSESSION MINOR ON PREMISES MISCELLANEOUS MOTOR VEHICLE THEFT NEGLIGENT HOMICIDE - TRAFFIC NEGLIGENT MANSLAUGHTER NON CRIMINAL DOMESTIC DISTURBANCE NON SUPPORT OTHER PROPERTY - FOUND LOST MISLAID PROPERTY RECOVER FOR OTHER AGENCY PROSTITUTION - COMPEL PROSTITUTION - ENGAGE IN PROSTITUTION - PROMOTE PUBLIC HEALTH AND SAFETY ORDINANCES RECKLESS DRIVING ROBBERY - BANK ROBBERY - BUSINESS ROBBERY - CAR JACKING ROBBERY - CONV.STORE ROBBERY - HIGhMAY ROBBERY - OTHER RDBBERY - RESIDENCE ROBBERY - SERVICE STATION RUNAWAY SEX CRIME SEX CRIME SEX CRIME SEX CRIME SEX CRIME SEX CRIME SEX CRIME SEX CRIME SEX CRIME SEX CRIME SEX CRIME STALKER - CONTRIBUTE TO SEX DELINQUENCY - EXPOSER - FORCIBLE SODOMY - INCEST - MOLEST (PH¥SICAt) - NON FORCE SODOMY - NON-FORCE RAPE - OBSCENE PHONE CALL - OTHER - PORNOGRAPHY/OBSCENE MATERIAL - SEXUAL ~LSSAULT WITH AN OBJECT STOLEN PROPERTY - RECEIVING.BUYING.POSSESSING SUICIDE THEFT - BICYCLE THEFT - BUILDING THEFT - COIN OP MACHINE THEFT - FROM MOTOR VEHICLE THEFT - MOTOR VEHICLE PARTS/ACCESSORIES THEFT - OTHER THEFT - PICKPOCKET THEFT - PURSE SNATCH JAN FEB MAR APR MAY JUN JLY AUG SEP OCT NOV DEC TOTAL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 4 4 8 6 8 4 4 2 4 0 10 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 4 2 6 0 I 2 2 7 0 3 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 9 13 8 15 7. 3 6 3 10 4 5 2 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 2 2 4 3 I 0 0 1 I 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 i 0 i 0 0 0 0 i 0 2 0 I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 0 0 0 0 0 0 0 i i 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 0 5 3 2 2 I 2 2 2 i 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 i 0 0 0 1 0 0 0 0 i 0 0 0 0 1 0 0 0 .0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I 1 0 i 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 4 I 2 3 3 0 3 2 i 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 1 3 3 0 5 0 0 0 0 0 0 3 0 0 0 0 0 0 0 0 0 0 1 0 3 1 0 2 0 0 1 0 2 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 4 1 5 i 2 4 2 2 5 1 1 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 59 0 0 29 0 0 0 0 85 0 1 0 1 0 0 16 0 5 1 0 0 5 0 0 27 0 2 2 0 4 0 0 0 0 0 0 0 23 0 2 15 1 10 0 31 0 0 .......... ; ..... ~" PL6850 ~l~ 1/19/2005 IME: 13:52:23 MONTHLY ARRESTS BY OFFENSE FOR JANUARY THRU DECEMBER 2004 LINDAEU RI#: 0R0240500 WPD RESULTS FOR ALL CHARGES HARGE DESCRIPTION JAN FEB MAR APR MAY JUN JLY AUG SEP OCT NOV DEC TOTAL 'HEFT - SHOPLIFT 14 14 17 12 11 12 5 5 8 11 19 15 143 'RAFFI£ ORDINANCES 0 0 0 0 0 0 0 0 0 0 0 0 0 'RAFFIC V~OLATIONS 33 40 32 14 19 22 13 26 34 2B 5 12 27B 'RESPASS 7 3 8 8 8 5 4 6 6 6 13 8 82 /ANDALISM I 0 9 16 0 6 3 10 2 6 4 3 60 /EHICLE RECOVERD FOR OTHER AGENCY 0 2 0 0 0 0 0 0 0 0 0 0 2 ~ARRANT ARREST FOR OUR AGENCY I 0 0 0 0 I 0 1 I i I 0 6 ~EAPON - CARI~Y CONCEJkLED 0 I 4 4 2 2 i 0 2 i 1 I 19 4EAPON - EX FELON IN POSSESSION 0 0 i 0 I 0 I 0 0 0 0 0 3 4EAPON - POSSESS ILLEGAJ- i 3 0 0 0 0 0 2 0 0 0 3 9 WEAPON - SHOOTING IN PROHIBITED AREA 0 0 0 0 0 0 0 0 0 0 0 0 0 WILLFUL MURDER 0 0 0 0 0 0 0 0 0 0 0 0 0 ZONING ORDINANCE 0 0 0 0 0 0 0 0 O 0 0 0 0 2004 TOTAL: 208 194 216 195 196 221 162 198 193 172 144 180 2279 2003 TOTAL: 202 148 164 190 221 196 230 214 174 196 191 241 2367 2002 TOTAL: 0 0 0 0 0 0 0 0 0 0 0 13 13 PAGE 1 C I T Y O F W O O D E U R N AP0460 WOODBURN LIVE VEEOT DATE 1/18/05 CHECK REGISTER .25'53 TIME 9. . - ~ CHECK AMOUNT RECONCILED AMT DIFFERENCE STATUS u~ --=----= ........ = ..................... CHECK # CHECK DATE PAYEE NAME ---= .....==---====-- ..... ....... ~====== ............ BANK ACCOUNT AP A/P Accounts Payable RECONCILED YES 467.50 467.5 00 76884 12/30/2004 TOURANGEAU NOR WES 3,856.25 76885 12/30/2004 WBN COMM~ITY ACCESS TV I RECONCILED YES 3,856-25 76886 12/30/2004 BI-MART CORPORATION RECONCILED YES 544.99 544.99 .00 76887 12/30/2004 ICMA RETIREMENT TRUST AGT RECONCILED YES 13.76 13.76 .00 76889 12/30/2004 KYRA A VAN WINKLE RECONCILED YES 42.17 42.17 .00 76890 12/30/2004 EBS RECONCILED YES 318.25 318.25 .00 76891 12/30/2004 JEFFERSON PILOT FINANCIAL RECONCILED YES 8.23 8.23 .00 76892 12/30/2004 VALLEY MAILING SERVICE IN RECONCILED YES 841.50 841.50 .00 76893 12/10/2004 G.W. HARDWARE CENTER RECONCILED YES 1,143.37 1,143.37 .00 76894 12/30/2004 SUE FOFANA-DURA RECONCILED YES 1,000-00 1,000.00 .00 76895 12/10/2004 A-QUALITY TYPEWRITER AND RECONCILED YES 300.00 300.00 .00 76896 12/10/2004 ADAM GUi~RNIERI ' RECONCILED YES 5.00 5.00 .00 76897 12/10/2004 ADVANCED LASER IMAGING IN RECONCILED YES 611.25 611.25 .00 76898 12/10/2004 ADVANCED RV PAINTING & RE RECONCILED YES 2,404.76 2,404.76 .00 76899 12/10/2004 AEROSTITCH RECONCILED YES 1,125.00 1,125.00 .00 76900 12/10/2004 AGNES HAGENAUER RECONCILED YES 123.48 123.48 .00 76901 12/10/2004 ALEX KRAVETS RECONCILED YES 128.87 128.87 .00 76903 12/10/2004 ANGELA ROCCOGRANDE RECONCILED YES 12.00 12.00 .00 76904 12/10/2004 ANNE ROSALES RECONCILED YES 65.00 65.00 .00 76905 12/10/2004 ARA~K UNIFORM SERVICE I RECONCILED YES 109.84 109.84 .00 76906 12/10/2004 ARCH WIRELESS RECONCILED YES 97.11 97.11 .00 76907 12/10/2004 AT & T RECONCILED YES 22.28 22.28 .00 76908 12/10/2004 BEULAN JORDAN RECONCILED YES 60.84 60.84 .00 76909 12/10/2004 BLUMENTHAL UNIFORM & EQUI RECONCILED YES 90.70 90.70 .00 76910 12/10/2004 BOLDT, CARLISLE & SMITH L RECONCILED YES 1,420.00 1,420.00 .00 76911 12/10/2004 BRINKS HOME SECURITY RECONCILED YES 36.84 36.84 .00 76912 12/10/2004 CANBY TELEPHONE ASSOC RECONCILED YES 19.95 19.95 .00 76913 12/10/2004 CASE AUTOMOTIVE INC RECONCILED YES 994.23 9~4.23 .00 76914 12/10/2004 CAZ CREATIONS RECONCILED YES 410.00 410.00 .00 76915 12/10/2004 CHARLOTTE STANLEY RECONCILED YES 63.00 63.00 .00 76916 12/10/2004 CHEMEKETA COMMUNITY COLL RECONCILED YES 1,166.38 1,166.38 .00 76917 12/10/2004 CITY OF WOODBURN RECONCILED YES 20,276.11 20,276.11 .00 76918 12/10/2004 CLASS SOFTWARE SOLUTIONS RECONCILED YES 1,800.00 1,800.00 .00 76919 12/10/2004 COOKE STATIONERY COMPANY RECONCILED YES 77.72 77.72 .00 76921 12/10/2004 CORPORATE EXPRESS RECONCILED YES 1,590.64 1,590.64 .00 76922 12/10/2004 CRANE & MERSETH INC RECONCILED YES 3,269.50 3,269.50 .00 76923 12/10/2004 CTL CORPORATION RECONCILED YES 6,377.00 6,377.00 .00 76924 12/10/2004 DONNA GRAMSE RECONCILED YES 14.00 14.00 .00 76925 12/10/2004 DOROTHA BORLAND RECONCILED YES 75.24 75.24 .00 76927 12/10/2004 ENGINEERED CONTROL PROD. RECONCILED YES 65.00 65.00 .00 76928 12/10/2004 EVERETT HF24SHOR-N RECONCILED YES 51.48 51.48 .00 76929 12/10/2004 FEDERAL EXPRESS CORP RECONCILED YES 49.90 49.90 .00 76930 12/10/2004 FRAN FAULF~ER RECONCILED YES 40.00 40.00 .00 76931 12/10/2004 FRY'S ELECTRONICS RECONCILED YES 773.83 773.83 .00 76932 12/10/2004 GALE GROUP RECONCILED YES 45.30 45.30 .00 76933 12/10/2004 GALL'S INC RECONCILED YES 46.34 46.34 .00 76934 12/10/2004 GARY LEE VAUGHN RECONCILED YES 35.38 35.38 .00 76935 12/10/2004 GC SYSTEMS INC RECONCILED YES 269.04 269.04 .00 76936 12/10/2004 GEORGE VISTICA RECONCILED YES 40.00 40.00 .00 76937 12/10/2004 GERALD CHAPMAN RECONCILED YES 35.78 35.78 .00 76938 12/10/2004 GORDON ROSS RECONCILED YES 8.00 8.00 .00 76939 12/10/2004 GRAINGER INC RECONCILED YES 196.49 196.49 .00 PAGE 2 C I T Y O F W 0 O D B U R N AP0460 wOODBURN LIVE VEEOT DATE 1/18/05 CHECK REGISTER TIME 9 25 53 NAME STATUS UPDATED CHECK AMOUNT RECONCILED AMT DIFFERENCE .... CK DATE pAYEE ........................................ 77-- 00 CHECK # C~ ============================= ........ , ~=c 47 7 855.~ ' n~ ~ YES ' .00 12/10/2004 14.99 IKON OFFICE SOLUTIONS RECONCILED 14.99 76940 76941 76942 76943 76945 76946 76947 76948 76949 76950 76952 76953 76954 76955 76956 76957 76958 76959 76960 76961 76962 76963 76964 76965 76966 76967 76968 76969 76970 76971 76972 76973 76974 76975 76976 76979 76980 76981 76984 76985 76986 76987 76989 76990 76991 76992 76993 76995 76997 76998 76999 77000 77001 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 12/10/2004 IKON OFFICE SOLUTIONS RECONCILED YES IKON OFFICE SOLUTIONS RECONCILED YES 152.30 ISOLUTIONS CONSULTING LLC RECONCILED YES 330.00 J. WARD O ' BRIEN RECONCILED YES 58.32 JACK RAWLINGS RECONCILED YES 21.50 JAMES & BETTY WINFREE RECONCILED YES 28.93 RECONCILED YES 3.21 JASON & ROXIE ~ICKS 20.00 RECONCILED YES JAY WOODS 110.40 JOBS AVAIL J%BLE RECONCILED YES YES 5.0O JOHANNES LOCKMAN RECONCILED JOY CONSTRUCTION RECONCILED YES 101.32 KERR CONTRACTORS INC RECONCILED YES 128,566.07 KEY CREATIONS RECONCILED YES 19.92 KRISTEN BERKEY RECONCILED YES 24.49 KYLE L SINDLINGER RECONCILED YES 35.14 LI%B SAFETY SUPPLY RECONCILED YES 45.39 LANGUAGE LINE SERVICES RECONCILED YES 192.08 LES SCHWAB TIRE CENTER RECONCILED YES 854.80 LOLA DAVIS RECONCILED YES 20.99 LOLA SPEP, ATOS RECONCILED YES 50.04 MARIA GOSTEVSKYH RECONCILED YES 60.00 MARILYN PARADIS RECONCILED YES 78.12 MARION cOUNTY BLDG INSPEC RECONCILED YES 2,546.25 METRO PROPERTY MANAGEMENT RECONCILED YES 4,161.64 METROFUELING, INC. RECONCILED YES 2,681-53 MOLALLA cOMMUNICATIONS RECONCILED YES 149.70 MONIQUE HULLING RECONCILED YES 20.00 MONTE MILLER RECONCILED YES 21.32 NORTHWEST NATURAL GAS RECONCILED YES 12,538.89 NURNBERG SCIENTIFIC RECONCILED YES 1,025.48 OAKMEADOWS RECONCILED YES 1,500-38 OR DEFT OF MOTOR VEHICLE RECONCILED YES 7.00 OR DEPT OF MOTOR VEHICLE RECONCILED YES 6.50 OREGON DEFT OF AGRICULTUR RECONCILED YES 100.00 OREGON DEFT OF AGRICULTUR RECONCILED YES 157.50 OREGON DEFT OF JUSTICE RECONCILED YES 195.00 OREGON STATE BAR RECONCILED YES 210.00 PARKER NORTHWEST PAVING C RECONCILED YES 11,350.00 PATTY BL~RLINGHAM RECONCILED YES 27.38 PORTLAND GENERAL ELECTRIC RECONCILED YES 57,107.69 PUBLIC WORKS SUPPLY INC RECONCILED YES 6,145.50 RECONCILED YES 173.49 QWEST RECONCILED YES 3,347.58 QWEST 72.68 RECORDED BOOKS INC RECONCILED YES RENAISSA-NCE CUSTOM HOMES RECONCILED YES 36.72 RINGEY'S RADAR RECONCILED YES 80.65 ROD'S F_~YMAN SERVICE IN RECONCILED YES 4,825.00 RON & SISSIE BEAN RECONCILED YES 42.90 ROSE CITY STAMP INC RECONCILED YES 28.15 SERGEI FRENKEL RECONCILED YES 60.00 SIERRA SPRINGS RECONCILED YES 110.45 152.30 330.00 58.32 21.50 28.93 3.21 20.00 110.40 5.00 101.32 128,566.07 19.92 24.49 35.14 45.39 192.08 854.80 20.99 50.04 60.00 78.12 2,546.25 4,161.64 2,681.53 149.70 20.00 21.32 12,538.89 1,025.48 1,500.38 7.00 6.50 100.00 157.50 195.00 210.00 11,350.00 27.38 57,107.69 6,145.50 173.49 3,347.58 72.68 36.72 80.65 4,825.00 42.90 28.15 60.00 110.45 .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 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 PAGE 3 C I T Y 0 F W 0 0 D B U R N AP0460 WOODBURN LIVE VEEOT DATE 1/18/05 CHECK REGISTER TIME 9 25 53 E NAME STATUS UPDATED CHECK AMOUNT RECONCILED AMT DIFFERENCE CHECK"CHECK DATE PAYE ................................................. jj =88 256.679.88 ...................... DEN CONSTRUCTION INC RECONCILED ~ '125'71 125.71 77002 12/10/2004 SLAY RECONCILED xm~ ' 1,472.00 .00 77003 12/10/2004 SPRINT YES 1,472.00 77004 12/10/2004 TEK SYSTEMS INC RECONCILED 71.55 77005 12/10/2004 TERRITORIAL SUPPLIES INC. RECONCILED YES 71.55 77007 12/10/2004 THOMAS T BEELER PUBLISHER RECONCILED YES 235.46 235.46 RECONCILED YES 5,750.00 5,750.00 77008 12/10/2004 TSI YES 331.12 331.12 77010 12/10/2004 UNION PACIFIC RAILROAD CO RECONCILED 1 959.45 77011 12/10/2004 UNITED DISPOSAL SERVICE RECONCILED YES 1,959.45 · 77012 12/10/2004 UNITED STATES POSTAL SERV RECONCILED YES 598.63 598.63 RECONCILED YES 37.08 37.08 77013 12/10/2004 UPS 40.95 40.95 77014 12/10/2004 VALLEY PACIFIC FLOP-AL RECONCILED YES 77016 12/10/2004 VERIZON WIRELESS RECONCILED YES 52.75 52.75 77017 12/10/2004 VIKING OFFICE PRODUCTS RECONCILED YES 306.30 306.30 77018 12/10/2004 WENDY'S INTERNATIONAL RECONCILED YES 99.58 99.58 77019 12/10/2004 WESCO DISTRIBUTION INC RECONCILED YES 946.90 946.90 77020 12/10/2004 WEST GROUP pAYMENT CTR RECONCILED YES 426.25 426.25 77021 12/10/2004 WOLFERS HEATING & AIR CON RECONCILED YES 46.87 46.87 77022 12/10/2004 WOODBURN HEARING CENTER RECONCILED YES 88.00 88.00 77023 12/10/2004 wOODBURN INDEPENDENT RECONCILED YES 390.15 390.15 77024 12/10/2004 WRIGHT STATE UNIVERSITY RECONCILED YES 150.00 150.00 77025 12/10/2004 XEROX CORPORATION RECONCILED YES 285.44 285.44 77026 12/10/2004 YES GRAPHICS RECONCILED YES 272.66 272.66 77027 12/30/2004 CITY OF WOODBURN PETTY CA RECONCILED YES 192.33 192.33 77028 12/30/2004 GROTTO RECONCILED YES 119.00 119.00 77029 12/30/2004 FIDELITY NATIONAL TITLE RECONCILED YES 939,043.87 939,043.87 77030 12/30/2004 VALLEY MAILING SERVICE IN RECONCILED YES 762.05 762.05 77031 12/17/2004 A. BERGER RECONCILED YES 112.70 112.70 77032 12/17/2004 ABBY'S PIZZA INN RECONCILED YES 184.00 184.00 77033 12/17/2004 AEROTEK INC RECONCILED YES 640.00 640.00 77034 12/17/2004 ALEXIN ANALYTICAL LAB INC RECONCILED YES 330.00 330-00 77035 12/17/2004 AMAZON.COM CREDIT RECONCILED YES 18.92 18.92 77036 12/17/2004 AMERICAN FIRE PROTECTION RECONCILED YES 505.50 505.50 77039 12/17/2004 AT&T RECONCILED YES 52.35 52.35 77040 12/17/2004 AWARDS A.ND ATHLETICS RECONCILED YES 79.69 79.69 77042 12/17/2004 BBC AUDIOBOOKS AMERICA RECONCILED YES 153.63 153.63 77043 12/17/2004 BEERY & ELSNER LLP RECONCILED YES 687.10 687.10 77044 12/17/2004 CDW GOVERNMENT INC RECONCILED YES 1,013.31 1,013.31 77046 12/17/2004 COLLEGIATE PACIFIC RECONCILED YES 1,639.72 1,639.72 77047 12/17/2004 cOMMDqqITY ANTI DRUG COALI RECONCILED YES 400.00 400.00 77048 12/17/2004 CORPORATE EXPRESS RECONCILED YES 585.38 585.38 77049 12/17/2004 DOI~A E VELASCO RECONCILED YES 266.00 266.00 77050 12/17/2004 DP NORTHWEST INC RECONCILED YES 3,168.50 3,168.50 77051 12/17/2004 DYMAXION RESEARCH LTD RECONCILED YES 234.00 234.00 77052 12/17/2004 FALICENBERG INC RECONCILED YES 344.00 344.00 77054 12/17/2004 HOME DEPOT GECF RECONCILED YES 74.86 74.86 77055 12/17/2004 IKON OFFICE SOLUTIONS RECONCILED YES 1,394.32 1,394.32 77056 12/17/2004 INDUSTRIAL WELDING SUPPLY RECONCILED YES 401.88 401.88 77057 12/17/2004 JEANETTE M LAUNER, ATTY RECONCILED YES 1,313.50 1,313.50 77058 12/17/2004 JEFFCO, INC RECONCILED YES 65.20 65.20 77059 12/17/2004 JON LOWERY RECONCILED YES 30.00 30.00 77060 12/17/2004 KIM DENNIS RECONCILED YES 480.00 480.00 77061 12/17/2004 KUSTOM KREATIONS OF OREGO RECONCILED YES 6.00 6.00 77062 12/17/2004 LATUS MOTORS HARLEY DAVID RECONCILED YES 519.61 519.61 .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 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 PAGE 4 C I T Y 0 F W 0 0 D B U R N AP0460 WOODBURN LIVE VEEOT DATE 1/18/05 CHECK REGISTER TIME 9:25:53 CHECK # CHECK DATE PAYEE NAME STATUS UPDATED CHECK AMOUNT RECONCILED AMT DIFFERENCE 77063 12/17/2004 223.05 77064 12/17/2004 MISSOURI TURF PAINT RECONCILED YES 00 400.00 400.00 ' 77065 12/17/2004 MSI GROUP, INC RECONCILED YES 77066 12/17/2004 MULTI TECH ENG SERV INC RECONCILED YES 124.23 77069 12/17/2004 NURNBERG SCIENTIFIC RECONCILED YES 266.70 77070 12/17/2004 OHLIN SALES, INC. RECONCILED YES 168.44 77071 12/17/2004 OR DEPT OF ADMINISTRATIVE RECONCILED YES 171.88 77072 12/17/2004 OR RECREATION & PARKS ASS RECONCILED YES 25.00 77073 12/17/2004 OREGON DEPT OF AGRICULTUR RECONCILED YES 50.00 77074 12/17/2004 PORTLAND GENERAL ELECTRIC RECONCILED YES 762.09 77075 12/17/2004 pUMP TECH SYSTEMS INC RECONCILED YES 33.39 77076 12/17/2004 ROTH'S FOODLINER RECONCILED YES 114.06 77077 12/17/2004 STATESMAN-JOURNAL NEWSPAP RECONCILED YES 62.40 77078 12/17/2004 VIESKO QUALITY CONCRETE RECONCILED YES 303.00 77079 12/17/2004 VIKING OFFICE PRODUCTS RECONCILED YES 191.52 77082 12/17/2004 YES GRAPHICS RECONCILED YES 249.28 77083 12/30/2004 ST~VEN SLOAN RECONCILED YES 1,000.00 77084 12/30/2004 HARRY REHM RECONCILED YES 1,101.43 77085 12/30/2004 VALLEY MAILING SERVICE IN RECONCILED YES 634.95 77140 12/30/2004 EP, NIE GRA~ OIL, INC RECONCILED YES 686.66 77151 12/30/2004 GERTRUDE REES RECONCILED YES 84.24 77169 12/30/2004 JIM MULDER RECONCILED YES 37.50 77176 12/30/2004 LEISINGER DESIGNS RECONCILED YES 2,125.00 77190 12/30/2004 METROFUELING, INC. RECONCILED YES 2,033.07 77219 12/30/2004 PROTECTIVE SECURITY INV I RECONCILED YES 2,055.00 77269 12/30/2004 YES GRAPHICS RECONCILED YES 452.50 BANK AP TOTAL: 184 CHECKS 124.23 .00 266.70 .00 168.44 .00 171.88 .00 25.00 .00 50.00 .00 762.09 .00 33.39 .00 114.06 .00 62.40 .00 303.00 .00 191.52 .00 249.28 .00 1,000.00 .00 1,101.43 .00 634.95 .00 686.66 .00 84.24 .00 37.50 .00 2,125.00 .00 2,033.07 .00 2,055.00 .00 452.50 .00 1,540,364.99 1,540,364.99 RECONCILED .... : 184 CHECKS 1,540,364.99 NOT RECONCILED . - : CHECKS .00 VOIDED ...... : CHECKS .00 UPDATED ..... : 184 CHECKS 1,540,364.99 NOT UPDATED . . . : CHECKS .00 WOODBUI N IOA January 20, 2005 TO: FROM: SUBJECT: Mayor and City Council through,~7 Administrator Ben gillespie, Finance girector_.,~~ Hearing to Consider a Supplemental Budget RECOMMENDATION: Council direct staff to return an ordinance reflecting the Council's decision following the hearing. BACKGROUND: Each year in January staff performs a thorough review of financial operations and recommends changes to the budget based on current estimates of revenue and expenditures. DISCUSSION: The proposed revision to the 2004-05 budget adjusts Beginning Fund Balance to actual for all funds where the variance is greater than $10,000. For all other funds the difference is immaterial and no change is proposed. The City began 2004-05 with $957,368 more in Fund Balance than what was anticipated in the budget. Fund Balance in the General Fund is $256,062 greater than the amount budgeted in 2004-05. (1) The estimate of Qwest Franchise Fees is decreased $19,000 (19.0%) to reflect first quarter receipts. A decrease is consistent with current reports of traditional telecommunication companies suffering declining revenue as a result of customers' shift to mobile phones. However, the magnitude of the decrease reported by Qwest seems unusually large. Woodburn has joined with 68 other Oregon cities to audit Qwest and Verizon for compliance with local franchise ordinances. (2) Agenda Item Review: City Administrate~~ City Attorney Finance~. ~_]JT./~ 69 Mayor and City Council January 20, 2005 Page 2 Cable TV customers are defecting to the dish, resulting in decreasing revenue for the cable operator and reduced Willamette Broadband Franchise Fee revenue. The current estimate is $3,000 less than the original budget. (3) Revenue from Fines has not matched expectations. Current estimates are $110,000 less than the original forecast. This is a direct result of open positions in the Police Department. When positions are open, the Traffic program is reduced, causing both Court Fines and Towing Fees to decline. (4) Pool revenue is decreased $27,400. Revenue is down as a result of Molalla opening their new pool, and Silverton covering their pool so that it can be used year round. In addition to the lost revenue from patrons to these two pools, Woodburn has also lost the revenue from the high school swim teams in Molalla and Silverton. (5) Current estimates of Liquor Tax collections for the year are $12,000 (5.4%) less than budgeted. The budget is adjusted accordingly. (6) Cigarette taxes are now estimated to be $3,000 less (6.8%) than the original budget. The revenue is reduced by that amount. (7) The Library secured a Learning to Read grant for $3,400. (8) The caseload in Municipal Court has increased dramatically in recent weeks. A half time clerk ($6,180) is added to the Court budget to match the existing workload. (9) Insurance premium costs fluctuate with market conditions and can change quickly. Since the budget was adopted general liability and property premiums have risen more than anticipated. $15,100 is added to the General Fund to fund the increased costs. (10) To complete the work on the Association Building $65,000 that was unspent last year needs to be carried forward to this year, and $18,500 needs to be added to cover the cost of recent change orders. The carry forward occurs within the Capital ClP Fund, and a transfer from the General Fund will provide for the increase. (11) Woodburn is providing other jurisdictions with secure access to the Police report writer and to LEDS. This service had been via a Virtual Private Network (VPN). That arrangement had been plagued by problems of both speed and reliability. 7O Mayor and City Council January 20, 2005 Page 3 A dedicated server would avoid those problems, and the user jurisdictions agreed to contribute their share of the costs. A dedicated server (Terminal Server) has been purchased and has replaced the VPN. Capital Outlay in the IS Fund should be increased by $5,900. Reimbursements from other jurisdictions' total $3,300, and a transfer from the General Fund makes up the difference. (12) Realignment of the Police labor budget is necessitated by two conditions: Patrol is the essential police function; open positions in that program were backfilled from other programs to keep it fully staffed. Additional resources were dedicated to the Patrol program to serve downtown, while the Community Response Team was being implemented. (13) Since adoption of the 2004-05 budget the Police Department has obtained grants, received donations and entered into agreements with other jurisdictions to pay overtime (and in some cases regular) wages. Projects funded in this way include: meth enforcement, seat belt enforcement, DUll enforcement, bullet- proof vests, and the school resource officer. Total new revenue from grants and donations to the Police Department totals $81,712. (14) The City's current police policy manual is dated and in need of ongoing updates. This is an issue that must be addressed as the department pursues accreditation. The City's insurer, ClCS, has offered to pay half of costs of acquiring Lexipol, a top ranked provider of police policy manuals. The City's portion of the initial cost will be $2,975. There will be ongoing subscription costs to keep the manual up to date. (15) The aging Police fleet is requiring more maintenance. In addition, five vehicles were added to the Police fleet with no increase in the vehicle maintenance budget. The average cost per vehicle is $300 monthly. Contingency is reduced by $15,000 to provide funding. (16) Unanticipated cost increases for Police requires budget increases in four areas. Fuel costs rose by more than 20%, and have moderated to a level 5% above last year's rates. Fuel is increased by $4,000. The addition of another Code Enforcement Officer has resulted in more postage costs due to more certified mailings. Postage is increased $1,300. The department recently upgraded the wireless access technology for its mobile data units resulting in increased costs ($1,400). Other services are increased $1,300 to meet current projections. (17) '/1 Mayor and City Council January 20, 2005 Page 4 For the current budget Police had requested $14,995 in additional funds requests that were postponed with the understanding that if the additional budget were needed to maintain the 2003-04 level of service the budget would be increased. Those funds are now needed to maintain the service level. (18) A portion ($850) of the Hardcastle LID is owed by Parks. Because the amount is small, and to avoid interest payments, that amount was paid off during the 30 day prepayment period. (19) The Dance, Dance, Dance program lost its rehearsal space. An alternate space has been found, but at an additional cost of $2,875. (20) There has been a significant increase in program supply costs for the Recreation program. Additional funds are needed to replace sports equipment and training aids and to provide additional summer sports camp supplies. 35% of the costs ($4,20.0) is expected to be recovered from the fees from new program offerings. (21) Increasing costs of softballs, drag mats, paint, and chalk require an increase in the Softball budget of $1,500. This is funded from increased revenue as a result of increased fees that were adopted last fall, but were not included in the 2004- 05 budget. (22) Woodburn Together has authorized additional payments of $22,300 to the Teen Scene Program. This money has been allocated to supplies ($7,000) and contract recreation leaders ($15,300). (23) Increasing fuel and utility costs necessitate an increase in the Parks Maintenance budget of $2,350. (24) Building Permit Revenue is forecast to be $26,398 less than budgeted. This is based on current revenue plus estimates of projects already in progress. This leaves the fund with an adequate fund balance ($299,439). (25) Street construction and maintenance costs are budgeted in the year in which the contracts are awarded. Contracts are usually awarded in the spring at the beginning of the construction season, but the work is not completed until after June 30. This causes a revision of the budget each year to increase Beginning Fund Balance by the unspent amount and appropriate those dollars in the new year. This is the case in 2004-05. Beginning Fund Balance is being increased by $303,526, and construction costs are increased by $200,000. However, in next '/2 Mayor and City Council January 20, 2005 Page 5 year's budget the timing difference will be addressed in a way to avoid these annual budget revisions. (26) An additional $6,550 is appropriated in the Street Fund to provide for various increased costs. Livability standards have increased in recent years with the removal of tires, trees, and other unwanted materials, which has resulted in additional solid waste disposal costs ($2,700). The aging fleet is requiring more maintenance ($2,250). Land use permits are now required on City projects, but no money was budgeted for that purpose. $500 is appropriated for permits. Fuel costs have risen driving the need for an additional $1,100 for fuel. These changes leave a contingency of $87,494 in the Street Fund, which is adequate. (27) In November the voters of Woodburn approved issuing $7,066,000 of bonds to construct a new Police facility. Preliminary design work is funded from the General ClP Fund ($9,000). A new fund, the Police Construction Fund, is established to account for the transactions relating to the bond sale and the construction. Total revenue will equal the bond proceeds. Expenses will include the costs of issuance ($152,000), Interest ($5,000) and construction ($6,909,000). The interest is the cost of borrowing money ($500,000) from the TIF Fund in order to get the design phase started now. Waiting for the sale of the bonds would delay the project two months, which could mean delaying construction one full year. (28) In this year's budget the cost of the Plaza was budgeted in the Urban Renewal Fund, but it was not included in the General ClP Fund. Until Urban Renewal bonds are sold the General Fund and the General ClP Fund will front the necessary money. They, in turn, will be reimbursed from the tax receipts in the Urban Renewal Fund. In the General ClP Fund $270,000 is added to the revenue, Reimbursement from Urban Renewal, and the expenditure is appropriated in Other Capital Improvements. (29) The Burlingham Trust has approved a grant for $29,990 for the completion of a third ball field at Centennial Park. $30,000 is added to the General ClP fund for capital construction. (30) $8,900 is transferred from the Parks SDC Fund to the General ClP Fund to pay for the Legion Park Master Plan. (31) $28,000 is transferred from the Parks SDC Fund to the General CIP Fund to pay for Community Center Planning. (32) 'I8 Mayor and City Council January 20, 2005 Page 6 In preparing the 2004-05 budget $4,030 was approved in the ClP for the purchase of picnic tables. However that amount was not included in the line item budget for the General ClP Fund. It is added now. (33) In the Street/Storm ClP Fund the McKinley project budgeted last year was completed this year requiring $175,366 to be carried forward. Land use permits are now being required on City projects, and $500 is appropriated to cover that. The costs for soil and material testing for compliance with contract specifications were underestimated and are increased $5,000. After these changes Contingency is at $771,582, which is adequate. (34) Equipment budgeted in the Sewer Construction Fund last year was not delivered until this year. $39,717 needs to be carried forward to cover the purchase. Land use permits are now being required on City projects, and $500 is appropriated to cover that. After these changes Contingency is at $152,026, which is adequate. (35) In the Water Construction Fund the purchase of land for a budgeted last year, but the transaction was not completed $22,000 should be carried forward to provide the funding. (36) new well was until this year. Actual costs of the meter reading program in the Water Fund have risen above the amount budgeted. To cover actual costs this year the budget for technical support of the meter reading devices should be increased $1,500, printing should be increased $6,000, and postage should be increased $4,000. After these changes Contingency is at $329,363, which is adequate. (37) Staff understated the fund total for the Sewer Fund in the material it offered to the Budget Committee when it was adopting its recommendation to the City Council. Because state law allows the Council to increase budgets by only 10% above the Budget Committee's recommendation, the situation could not be completely corrected when the budget was adopted. The only satisfactory solution was to ask the Council to adopt a supplemental appropriation restoring the Sewer Fund budget to the correct amount. The total increase of $210,500 is composed of electricity $144,000, natural gas $4,000, equipment repair $57,000, other services $5,000, and fuel $500. These changes restore the Sewer Fund budget to the totals that were originally in the Recommended Budget. After these changes Contingency is at $9,952, which is should prove adequate. (38) '/4 Mayor and City Council January 20, 2005 Page 7 Appropriations in the Public Works T & E Fund are increased $17,050. The distribution of labor costs is adjusted to add $9,800 in PW Administration. (39) Also in the T & E Fund appropriations are increased to fund increasing fuel costs ($500), lab testing ($3,500), inventory stock for the mechanical garage ($2,500), and contracted management services ($750). After these changes Contin- gency in the T &E Fund is at $136,162, which is adequate. (40) Increasing fuel and natural gas costs necessitate'a budget increase to those objects in the Building Maintenance budget totaling $2,750. After these changes Contingency in the Building Maintenance Fund is at $19,459, which is adequate. (41) The following table is a tabulation of the proposed budget changes by fund: FUND No. General 001 Transit 110 Building 123 Rev Sharing 135 Housing Rehab 137 Street 140 City Gas Tax 169 Debt Service 250 Police Construct 357 GF CIP 358 Sp Assessmt 360 St/Storm ClP 363 Parks CIP 364 TIF 376 Storm SDC 377 Sewer Constr 465 Water Constr 466 Water 470 Sewer 472 Water SDC 474 Sewer SDC 475 IS 568 Central Stores 580 T & E 582 Facilities Maint 583 BEGINNING FUND CONTIN- BALANCE REVENUE EXPENSES GENCIES 256,062 (64,084) 202,541 (10,563) 20,094 20,094 (10,117) (26,398) (36,515) 56,698 56,698 (94,661) (94,661) 303,526 206,550 96,976 195,657 195,657 11,059 11,059 7,566,000 7,566,000 (108,314) 355,400 433,430 (186,344) 387,988 387,988 589,198 180,866 408,332 (26,018) 36,900 (62,918) 42,603 505,000 500,000 47,603 156,419 156,419 117,655 40,217 77,438 (1,565,900) 22,000 (1,587,900) 264,710 11,500 273,210 130,681 210,500 (79,819) 21,743 21,743 48,290 48,290 23,403 5,900 5,900 23,403 14,027 14,027 102,565 17,050 85,515 2,750 (2,750) 957,368 8,341,818 9,436,204 (137,018) 75 Mayor and City Council January 20, 2005 Page 8 Contingencies in the General Fund are decreased by $10,563. Contingencies increase by ,$137,018. Total FINANCIAL IMPACT: The proposed revision increases Beginning Fund Balances in all funds by $957,368. Revenue is increased by $8,341,818, and appropriations are increased by $9,436,204. The large increase in revenue and expenditures is due to the construction of the new Police facility. Contingencies in all funds are decreased $137,018. Contingencies in the General Fund decrease $10,563 to $797,000, which is 9.5% of budgeted expenditures. '/6 MID YEAR BUDGET REVISION 2004-05 DescHption Account Expenditures GENERAL FUND Contingencies 001 901 Beginning Fund Balance 001 000 Adjust Beginning Fund Balance to actual Contingencies 001 901 Franchise Revenue-Quest 001 000 Quest's franchise fees 9971 5921 3081 9971 5921 3233 256,062 (19,000) Contingencies 001 901 Franchise Revenue-Will BB 001 000 Willamette BB franchise 9971 5921 3235 (3,000) Contingencies 001 901 Court Fines 001 000 Towing Fees 001 000 Court Fines 9971 5921 3531 3532 (11o,ooo) Pool Concessions 001 Pool Admissions 001 Pool Lessons 001 Contingencies 001 Adjust to actual Contingencies 001 Liguor Tax 001 Liquor Tax Contingencies 001 Cigarette Tax 001 Cigarette Tax 000 3418 000 3471.101 000 3471.104 901 9971 5921 901 9971 5921 000 3362 901 9971 5921 000 3363 (27,400) (12,000) (3,ooo) Grants--Federal 001 Library-supplies 001 Ready to Read Grant 000 3333 311 3111 5342 3,404 Court Salaries 001 Court Workers' Comp 001 Court Social Secudty 001 Court Retirement 001 Court Unemployment 001 Contingencies 001 Court Clerk 181 1811 5111 181 1811 5211 181 1811 5212 181 1811 5214 181 1811 5216 901 9971 5921 5,045 19 386 715 15 (6,180) Non Dept-Bldg/Property Non Dept-Blanket Bond Non Dept--General Liability Contingencies Insurance 001 001 001 001 199 12195463 199 1219 5462 199 1219 5465 901 9971 5921 11,200 800 3,300 (15,100) Revenue 256,062 (19,000) (3,00o) (140,000) 30,000 3,000 (23,000) (7,4oo) (12,ooo) (3,000) 3,404 (1) (2) (3) (5) (6) (7) (8) (9) (10) 77 Desc~ption Account Contingencies 001 IFTransfer out-Gen'l CIP 001 Association Building--finalize 901 9971 5921 199 9711 5811.358 Contingencies 001 901 9971 5921 IFTransfer out-IS 001 199 9711 5811.568 Terminal Server Police-Regular Salaries 001 211 2111 5111 Police--RegularSalaries 001 211 2121 5111 Police--RegularSalaries 001 211 2131 5111 Police-Regular Salaries 001 211 2171 5111 Police-Overtime 001 211 2191 5121 Police-Overtime 001 211 2199 5121 Police-Overtime 001 211 2111 5121 Police-Overtime 001 211 2121 512t Police-Overtime 001 211 2151 5121 Police--Regular Salaries 001 211 2151 5111 Police---Regular Salaries 001 211 2161 5111 Police-Overtime 001 211 2161 5121 Redistribute salaries and ovetime Police-Overtime 001 211 2131 5121 Reimbursements 001 000 3881 School district O/T Police--Overtime 001 211 2191 5121 Reimbursements 001 000 3881 Hubbard RMS O/T Police-Overtime 001 211 2121 5121 Grants-Federal 001 000 3332 DUll Grant Police--Overtime 001 211 2121 5121 Grants--State 001 000 3341 Safety Belt Grant Police--Overtime 001 211 2111 5121 Grants-State 001 000 3341 Marion Co Meth Grant Police--Overtime 001 211 2111 5121 Grants-State 001 000 3341 Marion Co CERV OFF Police--Supplies 001 211 2111 5352 Grants--St~e 001 000 3332 Bullet PmofVe~s Police-Supplies 001 211 2199 5329 Police--Supplies 001 211 2121 5329 Grants-State 001 000 3332 LLEBG Police--Supplies 001 211 2161 5399 Donations 001 000 3673 Wal Mart donation 78 Expenditures (18,500) 18,500 (2,600) 2,600 (10,000) (36,000) (40,000) o,ooo) ,ooo) (3,000) 95,000 2,000 1,000 9,000 2,000 6,000 6,500 3,036 3,000 5,000 1,726 500 1,050 1,100 5,350 1,050 Revenue 6,500 3,036 3,000 5,000 1,726 500 1,050 6,450 1,050 (11) (12) (13) (14) (14) (14) (14) (14) (14) (14) (14) (14) Description Account Revenue Police-Supplies Donations Eagles Donation Police--Regular Salaries Reimbursements School Resource Officer Police-Overtime Other Misc Revenue Sale of seized assets Police-Services Other Misc Revenue Sale of seized assets Police-Supplies Reimbursements Hubbard use of firing range Contingencies PoliCe-Services Lexipol Contingencies Police--Services Police-Services Police-Services Police-Services Vehicle maintenance Contingencies Police-Supplies Police-Supplies Police-Supplies Police--Services Police-Services. Police--Services Police-Services Police--Services Police-Services Police-Services Police-Services Various Police costs Contingencies Police-Supplies Police--Supplies Police-Supplies Police--Services Police-Services Police-Services Police-Services Police-Services Police--Services Police-Services 001 211 2111 5352 001 000 3673 001 211 001 000 001 211 001 000 001 211 001 000 001 211 001 000 001 901 001 211 001 901 001 211 001 211 001 211 001 211 2131 5111 3881 2131 5121 3699 2151 5499 3699 2111 5399 3881 9971 5921 2199 5499 9971 5921 2111 5475 2121 5475 2131 5475 2141 5475 001 901 9971 5921 001 211 2111 5323 001 211 2141 5323 001 211 2199 5323 001 211 2199 5422 001 211 2111 5426 001 211 2131 5426 001 211 2199 5426 001 211 2111 5499 001 211 2131 5499 001 211 2141 5499 001 211 2199 5499 001 901 9971 5921 001 211 2111 5337 001 211 2121 5337 001 211 2131 5337 001 211 2111 5421 001 211 2121 5421 001 211 2141 5421 001 211 2199 5417 001 211 2199 5429 001 211 2111 5442 001 211 2111 5444 79 Expenditures 650 46,262 5,188 1,000 300 (2,975) 2,975 (15,000) 7,000 4,000 1,000 3.000 (8,000) 1,500 2,000 500 1,300 1,100 150 150 500 300 200 30O (14,995) 2,000 1,000 50O 1,000 400 200 1,500 2,000 1,252 2,000 650 46.262 5,188 1,000 300 (14) (14) (14) (14) (14) (15) (16) (17) DescHption Account Police-Services 001 211 2199 5461 Police-Services 001 211 2199 5469 Police--Services 001 211 2111 5471 Additional Funds Request from prelim budget Contingencies 001 901 9971 5921 Parks & Rec--Services 001 421 7421 5499 Hardcsastle LID Contingencies 001 901 9971 5921 Parks Rec--Services 001 421 7421 5442 Dance rental space Contingencies Rec Program Revenue Parks Rec,--Supplies Replace sports equip 001 901 9971 5921 001 000 3473.104 001 421 7421 5329.401 Rec Program Revenue Parks Rec--Supplies Softball supplies 001 000 3473.101 001 421 7422 5329.402 Donations-Teen Scene 001 Parks Rec--Supplies 001 Parks Rec--Supplies 001 Parks Rec--Services 001 Parks Rec-Services 001 Parks Rec-Services 001 Additional Teen Scene Costs 000 3671.101 431 7423 5329.403 431 7423 5329.403 431 7423 5419 431 7423 5439 431 7423 5419 Contingencies 001 901 Parks Maint-Fuel 001 631 Parks Maint--Solid Waste 001 631 Increasing fuel & utility costs 9971 5921 7611 5323 7611 5454 TRANSIT FUND Contingencies 110 901 Beginning Fund Balance 110 000 Adjust Beginning Fund Balance to actual 9971 5921 3081 BUILDING FUND Co~ingencies 123 901 Beginning Fund Balance 123 000 A~ust Beginning Fund Balanceto a~ual 9971 5921 3081 Contingencies Building Permits Adjust to Current Forecast 123 901 9971 5921 123 000 3221.101 STATE REVENUE SHARING Contingencies 135 901 Beginning Fund Balance 135 000 Adjust Beginning Fund Balance to actual 9971 5921 3081 8O Expenditures 1,176 467 1,500 (850) 850 (2,875) 2,875 (2,80o) 4,200 1,500 2,500 4,500 5,000 2,000 8,300 (2,35o) 8OO 1,550 20,094 (10,117) (26,398) 56,698 Revenue 1,400 1,500 22,300 20,094 (10,117) (26,398) 56,698 (18) (19) (2O) (21) (22) (23) (24) (1) (1) (25) (1) Description Account Expenditures Revenue HOUSING REHAB FUND Contingencies 137 901 Beginning Fund Balance 137 000 Adjust Beginning Fund Balance to actual Contingencies 140 901 Beginning Fund Balance 140 000 Adjust Beginning Fund Balance to actual Contingencies 140 901 Street Maint-Services 140 631 Move construction costs fo~vard one year Contingencies 140 901 Street Maint-Services 140 631 Street Maint-Services 140 631 Street Maint-Services 140 631 Street Maint-Supplies 140 631 Street Maint-Services 140 631 Various St Maint costs CITY GAS TAX FUND Contingencies 169 901 Beginning Fund Balance 169 000 Adjust Beginning Fund Balance to actual BONDED DEBTFUND Contingencies 250 901 Beginning Fund Balance 250 000 Adjust Beginning Fund Balance to actual POLICE CONSTRUCTION FUND Interfund Loan Receipt 357 Design 357 Loan from TIF Fund 9971 5921 3081 9971 5921 3081 9971 5921 4211 5479 9971 5921 4211 5454 4211 5475 4211 5498 4211 5323 4211 5475 9971 5921 3081 9971 5921 3081 000 3841.376 121 9511 5411 Sale of Bonds 357 000 Construction 357 121 Costs of Issuance-Legal 357 121 Costs of Issuance--Financial 357 121 Repay Interfund Loan-Princ 357 121 Repay Interfund Loan--Intersl 357 121 Sale of Bonds GENERAL FUND CIP Contingencies 358 901 Beginning Fund Balance 358 000 Adjust Beginning Fund Balance to actual 3911 9531 5621 9511 5412 9511 5414 9111 5712 9111 5722 9971 5921 3081 (94,661) 303,526 (200,000) 200,000 (6,550) 2,700 1,500 500 1,100 75O 195,657 11,059 500,000 6,409,000 50,000 102,000 500,000 5,000 (108,314) (94,661) 303,526 195,657 11,059 500,000 7,066,000 (108,314) (1) (1) (26) (27) (1) (1) (28) (1) 81 Description Account Contingencies 358 901 Administrative Buildings 358 121 Police facility Design Contingencies 358 901 Administrative Buildings 358 121 Association Building--carry over IF Transfer from 001 358 000 Administration-Capital 358 121 Association Building-finalize Reimbursement from URA 358 000 Other Capital Improvement 358 121 Plaza Donations 358 000 Parks Admin--Capital 358 121 Budingham Trust Grant-Centenniel Park IF Transfer from 364 358 Admin-Capital 358 Legion Park Master Plan IF Transfer from 364 358 Admin-Capital 358 Comm Cntr Planning 9971 5921 9531 5621 9971 5921 9531 5621 3971.001 9531 5621 3881 9531 5639 3671 9531 5637 000 3971.364 121 9531 5637 000 3971.364 121 9531 5629 Contingencies 358 901 Admin-Capital 358 121 Picnick tables SPECIAL ASSESSMENT FUND Contingencies 360 901 Beginning Fund Balance 360 000 Adjust Beginning Fund Balance to actual STREET/STORM CIP FUND Contingencies 363 901 Beginning Fund Balance 363 000 Adjust Beginning Fund Balance to actual 9971 5921 9531 5649 9971 5921 3081 9971 5921 3081 Expenditures (9,000) 9,000 (65,ooo) 65,000 18,500 270,000 30,000 8,900 28,000 ~,030) 4,030 387,988 589,198 Revenue 18,500 270,000 30,000 8,900 28,000 387,988 589,198 (28) (11) (11) (30) (31) (32) (33) (1) (1) Contingencies 363 901 Street Maint-Services 363 631 Street Maint--Services 363 631 Street Maint-Capital 363 631 Vadous St/Storm costs PARKS ClP FUND Contingencies 364 901 Beginning Fund Balance 364 000 Adjust Beginning Fund Balance to actual 9971 5921 9511 5498 9531 5419 9531 5636 9971 5921 3081 (180,866) 500 5,000 175,366 (26,018) (26,018) (34) (1) 8:3 Description Account Expenditures Revenue Contingencies 364 901 9971 IF Transferto 358 364 491 9711 Legion Park Master Plan 5921 5811.358 (8,900) 8,900 (31) Contingencies 364 901 9971 IF Transfer to 358 364 491 9711 Comm Cntr Planning 5921 5811.358 ~8,ooo) 28,000 (32) TRAFFIC IMPACT FEE FUND Contingencies 376 901 Beginning Fund Balance 376 000 Adjust Beginning Fund Balance to actual 9971 5921 3081 Loan to Police Fac Fund 376 631 9111 5841.357 Loan Repayment 376 000 3812 Interest Income 376 000 3612 Contingencies 376 901 9971 5921 Loan to Police Fac Fund STORM WATER SDC FUND 42,603 42,603 500,000 500,000 5,000 5,000 (1) (28) Contingencies 377 901 Beginning Fund Balance 377 000 Adjust Beginning Fund Balance to actual 9971 5921 3081 156,419 156,419 (1) SEWER CONSTRUCTION FUND Contingencies 465 901 Beginning Fund Balance 465 000 Adjust Beginning Fund Balance to actual Contingencies 465 901 Sewer-Capital 465 621 Sewer-Services 465 621 Various Sewer Construction costs WATER CONSTRUCTION FUND 9971 5921 3081 9971 5921 9531 5643 9531 5498 117,655 (40,217) 39,717 5OO 117,655 (1) ' (35) Contingencies 466 901 Beginning Fund Balance 466 000 Adjust Beginning Fund Balance to actual Contingencies 466 901 Water-Capital 466 611 Land for new well WATER FUND 9971 5921 3081 9971 5921 9521 5611 (1,565,900) (22,000) 22,000 (1,565,900) (1) (36) Contingencies 470 901 Beginning Fund Balance 470 000 Adjust Beginning Fund Balance to actual Contingencies 470 901 Water-Services 470 631 Radix 9971 5921 3081 9971 5921 6421 5471 284,710 (1,500) 1,500 284,710 (1) (37) 83 Description Account Expenditures Revenue Contingencies 470 901 Water-Services 470 631 Printing 9971 5921 6421 5493 ,ooo) 6,000 Contingencies 470 901 Water-Services 470 631 Postage 9971 5921 6421 5422 ,ooo) 4,000 (37) SEWER FUND Contingencies 472 901 Beginning Fund Balance 472 000 Adjust Beginning Fund Balance to actual 9971 5921 3081 130,681 130,681 (1) Contingencies 472 901 Sewer-Services 472 621 Sewer-Services 472 621 Sewer-Services 472 621 Sewer-Services 472 621 Sewer-Supplies 472 621 Restore budget 9971 5921 6511 5453 6511 5451 6511 5471 6511 5499 6521 5323 (210,500) 144,000 4,000 57,000 5,000 500 (38) WATER SDC FUND Contingencies 474 901 Beginning Fund Balance 474 000 Adjust Beginning Fund Balance to actual 9971 5921 3081 21,743 21,743 (1) SEWER SDC FUND Contingencies 475 901 Beginning Fund Balance 475 000 Adjust Beginning Fund Balance to actual 9971 5921 3081 48,290 48,290 (1) IS FUND Contingencies 568 901 Beginning Fund Balance 568 000 Adjust Beginning Fund Balance to actual 9971 5921 3081 23,403 23,403 (1) Capital Outlay-Computing 568 151 1921 5645 Reimbursements 568 000 3881 IF Transfer from 001 568 000 3971.001 Terminal Server CENTRAL STORES FUND 5,900 3,300 2,600 (12) Contingencies 580 901 Beginning Fund Balance 580 000 Adjust Beginning Fund Balance to actual T & E FUND 9971 5921 3081 14,027 14,027 (1) Contingencies 582 901 Beginning Fund Balance 582 000 A~ust Beginning Fund Balance to actual 9971 5921 3081 102,565 102,565 (1) 84 Description Account Revenue Contingencies PW Admin-Salaries Adjust salaries to actual Contingencies Engineering-Supplies Engineering-Services Garage-Supplies PW Admin--Services Various T & E Costs BUILDING MAINTENANCE FUND Contingencies Bldg Maint-Supplies Bldg Maint-Services Various Bldg Maint costs Grand Total 582 901 582 691 582 901 582 651 582 651 582 661 582 691 583 901 583 631 583 631 9971 5921 6999 5111 9971 5921 9511 5323 9511 5419 1941 5391 6999 5413 9971 5921 1911 5323 1911 5451 Expenditures (9,800) 9,800 (7,250) 5O0 3,500 2,500 75O ~,750) 75O 2,000 9~299; 186 9~299~186 (39) (4o) (41) 85 llA January 20, 2005 TO: FROM: SUBJECT: Mayor and City Council througj/b)~City Administrator Ben Oillespie, Finance Direct..o.I,~ 2004-05 Supplemental Budget RECOMMENDATION: Council adopt the attached ordinance for supplemental budget BACKGROUND: Earlier this evening the Council conducted a heating to consider budget amendments resulting from the mid year budget review. The attached ordinance, as amended, reflects the Council's direction to staff at the conclusion of the hearing. FINANCIAL IMPACT: The proposed revision increases Beginning Fund Balances in all funds by $957,368. Revenue is increased by $8,341,818, and appropriations are increased by $9,436,204. Contingencies are decreased $137,018. Agenda Item Review: City Administra~j City Attorney Financ~ 86 cOuNcIL BILL NO. /c~ J~?~-cz./ 7% c[o · 200S AND DECLARING AN EMERGKNC~. WHEREAS, Oregon State Statute 294.480 allows for the adoption of a supplemental budget during a fiscal year to meet changes in financial planning,, and WHEREAS, the Notice of Supplemental Budget Hearing and Financial Summary was published in the Woodburn Independent on January 19, 2005 as required under State budget law; and WHEREAS, the City Council held a public hearing on lanuary 24, 2005 to give citizens an opportunity to comment on the proposed 2004-2005 supplemental budget, now, therefore, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That the supplemental budget for fiscal year 2004-2005 is hereby adopted as set forth below. follows: Section 2. That fiscal year 20O4-2005 revenues and appropriations are adjusted as Revenues Appropriations GENERAL FUND Revenue Adjustments: Beginning Fund Balance Franchise Revenue - Qwest Franchise Revenue - Willamette Broadband Court Fines Towing Fees Pool Concessions Pool Admissions Pool Lessons Recreation Program Revenue Donations - Teen Scene Liquor Tax Cigarette Tax Grant - Federal (Library) Reimbursements - Police Services Grant - Federal (Police) Grant - State (Police) Donations - Police Misc. Income - Police Total General Fund Revenue Adjustments 256,062 (19,000) (3,000) (140,000) 30,000 3,000 (23,000) (7,400) 2,900 22,300 02,0OO) (3,000) 3,4O4 56,098 10,500 7,226 1,700 6.188 191,978 Page I - COUNCIL BILL NO. ORDINANCE NO. 87 Appropriation Adjustments: Municipal Court: P~nnel Services Non-Departmental: biaterials & Services Police Department: Personnel Services Materials & Scrvices Library: Materials & Services Parks = Leisure Services: Materials & Services Parks -Matntenanee: Materials & Services Interfimd Trnnsfer ~ General CIP Fund Interfimd Trans£er- IS Fund Operating Contingency Total General Fund Appropriation AdJnstments TRANSIT FUND: Revenue Adjustment: Beginning Fund Balance Total Transit Fund Revenue Adjustment Appropriation Adjustment: Operating Contingency Total Transit Fund Appropriation Adjustment BUILDING FUND: Revenue Adjustments: Beginning Fund Balance Building Permits Total Building Fund Revenue Adjustments Appropriation Adjustment: Operating Contingency Total Building Fund Appropriation Adjustments STATE REVENUE SHARING FUND: Revenue Adjustment: Beginning Fund Balance Total State Revenue Sharing Fund Revenue Adjustment Appropriation Adjustment: Operating Contingency Total State Revenue Sharing Fund Appropriation Adjustment Page 2 - COUNCIL BILL NO. ORDINANCE NO. 88 Revenues 20.094 2o.o94 (26.398} (36-51~ ~6.69~ 56.698 Appropriations 6,180 15,100 ?1,212 51,470 3,404 31,725 2,350 191.97~ 20.094 2o.o9,t f36.515) (36.5153 56.698 56.698 HOUSING REHABILITATION FUND: Revenue Adjustment: Beginning Fund Balance Total Housing Rchab. Fund Revenue Adjustment Appropriation Adjustment: Operating Contingency Total Housing Rehab. Fund Appropriation Adjustment STREET FUND: Revenue Adjustment: Begi~nin$ Fund Balance Total Street Fund Revenue Adjustment Appropriation Adjustment: Matcrials& Services Operating Contingency Total Street Fund Appropriation Adjustment CITY GAS TAX FUND: Revenue Adjustment: Beginning Fund Balance Total City Gas Tax Revenue Adjustment Appropriation Adjustment: Operating Contingency Total City Gas Tax Appropriation Adjustment BONDED DEBT FUND: Revenue Adjustment: Beginning Fund Balance Total Bonded Debt Fund Revenue Adjustment Appropriation Adjustment: Operating Contingency Total Bonded Debt Fund Appropriation Adjustment POLICE CONSTRUCTION FUND: Revenue: Intcrfimd Loan Receipt Sale of Bonds Total Police Construction Fund Revenue Appropriations: Materials & Services - Design Materials & Services - Cost of Issuance Repay Interftmd Loan - Principal Repay Interfund Loan - Interest Capital Outlay - Construction Total Police Construction Fund Appropriations PAGE 3 - COUNCIL BILL NO. ORDINANCE NO. 89 Revenues Appropriations (94.66D f94.6611 f94.66D f94.661~ 903.526 303.526 206,550 96.976 39~.526 195.657 195.657 195.657 195.657 11.059 11~059 11.059 500,000 7,066.000 7.566.000 500,000 152,000 500,000 5,000 6.409.000 GENERAL FUND CAPITAL IMPROVEMENT FUND:' Revenue Adjustment: Beginning Fund Balance Transfer from General Fund Transfer from Parks Capital lmp~ Fund Donations Reimbursement - Urban Renewal District Total General Fund CIP Revenue Adjustments Appropriation AdJmtment: Capital Outlay - Administrative Buildings Capital Outlay - Plaza Capital Outlay - Parks Capital Outlay - CommuniTM Center Planning Operating Contingency Total General Fund CIP Appropriation Adjustments SPECIAL ASSESSMENT FUND: Revenue Adjustment: Beginning Fund Balance Total Special Assessment Fund Revenue Adjustment Appropriation Adjustment: Operating Contingency Total Special Assessment Fund Appropriation Adjustment STREET/STORM CAPITAL IMPROVEMENT FUND: Revenue Adjustment: Beginning Fund Balance Total Street/Storm CIP Fund Revenue Adjustments Appropriation Adjustment: Materials & Services Capital Outlay Operating Contingency Total Street/Storm CIP Fund Appropriation Adjustment PM~CS CAPITAL IMPROVEMENT FUND: Revenue Adjustment: Beginning Fund Balance Total Parks CIP Fund Revenue Adjustment Appropriation Adjustment: Interfund Transfer to General Fund CIP Operating Contingency Total Parks CIP Fund Appropriation Adjustment Revenues (108,314) . 30,000 3~7.988 589.198 s89a98 ( 26.0181 Appropriations 92,500 270,000 42,930 28,000 (186.344~ 387.988 38'/.988 5,000 175,866 589.198 (62.918~, ~)~) ( 26.018~ PAGE 4 - COUNCIL BILL NO. ORDINANCE NO. 90 TRAFFIC IMPACT FEE FUND: Revenue Adjustments: Beginning Fund Balance Loan Repayment - Police Facility Fund Interest Income Total Traffic Impact Fee Fund Revenue Adjustments Appropriations Adjustment: Loan to Police Facility Const. Fund Operating Contingency Total Traffic Impact Fee Fund Appropriations Adjustments STORM WATER SYSTEM DEVELOPMENT FUND: Revenue Adjustment: Beginning Fund Balance Total Storm Water SDC Fund Revenue Adjustment Appropriations Adjustment: Total Storm Water SDC Fund Appropriations Adjustment SEWER CONSTRUCTION FUND: Revenue Adjustment: Beginning Fund Balance Total Sewer Construction Fund Revenue Adjustment Appropriations Adjustment: Materials & Services Capital Outlay Operating Contingency Total Sewer Construction Fund Appropriation Adjustment WATER CONSTRUCTION FUND: Revenue Adjustment: Beginning Fund Balance Total Water Construction Fund Revenue Adjustment Appropriations Adjustment: Capital Outlay Operating Contingency Total Water Construction Fund Appropriation Adjustments WATER FUND: Revenue Adjustment Beginning Fund Balance Total Water Fund Revenue Adjustment Appropriations Adjustment: Materials & Services - Meter Reading Operating Contingency Total Water Fund Appropriations Adjustments PAGE 5 - COUNCIL BILL NO. ORDINANCE NO. 91 Revenue 42,603 500,000 5.000 156.419 lS6.41~) 117.655 117.655 (1.565.9001 (1.565.900~ 284.710 Appropriations 500,000 47.603 547.603 156.419 156.419 5OO 39,717 77,435 117.655 22,000 H.587.900) 11,500 273,210 Revenues ApPropriations WASTE;WATER FUND: Revenue Adjustment: Beginning Fund Balance Total Wa~tewate~ Fund Rev~ue Adjustment AppropFintion Adjustment: Materials & Services - Operations Matcrials & Services - Sewer Line Maint. Operating Contingency Total Wastewater Fund Appropriation Adjustmenis 130.681 130,681 WATER SYSTEM DEVELOPMENT FUND: Revenue Adjustment: Beginning Fund Balance Total Water SDC Fund Revenue Adjustment ApPropriation AdJustmeut: Operating Contingency Total Water SDC Fund Appropriation Adjuslment SE~YER SYSTEM DEVELOPMENT FUND: Revenue Adjustment: Beginning Fund Balance Total Sewer SDCFund Revenue Adjustment Appropriation Adjnstment: Operating Contingency Total Sewer SDC Fund Appropriation Adjustment 48.290 INFORMATION SERVICES (IS~ FUND: Revenue Adjustments: Beginning Fund Balance Reimbursements Interfund Transfer from General Fund Total IS Fund Revenue Adjustments Appropriation Adjustments: Capital Outlay Operating Contingency Total IS Fund Appropriation Adjustments 23,403 3,300 CENTRAL STORES FUND: Revenue Adjustment: Beginning Fund Balance Total Central Stores Fund Revenue Adjustment Appropriation Adjustment: · Operating Contingency Total Central Stores Fund Appwpriation Adjustment 14.027 14~027, PAGE 6 - COUNCIL BILL NO. ORDINANCE NO. 92 210,000 5OO (79.8t91 11}0.681 48.290 48,290 5,900 23.403 29r303 14,027 Revenues 1o2.s6 Appropriations 9,800 750 2,500 85.515 102.565 2,750 (2,7S0) Section 3. That the City ReCorder shall file a true copy of the supplemental budget as trmally adopted in accordance with Oregon Revised Statute 294.555. Section 4. That if any clause, sentence, paragraph, seCtion or portion of this ordinance for any reason shall be adjudged invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the clause, sentence, paragraph, section or portion of this ordinance directly involved in the controversy in which such judgment is rendered. Section $. This ordinance being necessary for the public peace, health and safety, an emergency is declared to exist in that appropriation adjustments are necessary to meet estimated expenditures during the 2004-05 fiscal year and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Approved as to Form: City Attorney Date APPROVED KATHRYN FIGLEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Recorder City of Woodburn, Oregon PAGE 7 - COUNCIL BILL NO. ORDINANCE NO. 93 COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2004- 2005 AND DECLARING AN EMERGENCY. WHEREAS, Oregon State Statute 294.480 allows for the adoption of a supplemental budget during a fiscal year to meet changes in financial planning, and WHEREAS, the Notice of Supplemental Budget Hearing and Financial Summary was published in the Woodburn Independent on January 19, 2005 as required under State budget law; and WHEREAS, the City Council held a public hearing on January 24, 2005 to give citizens an opportunity to comment on the proposed 2004-2005 supplemental budget, now, therefore, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That the supplemental budget for fiscal year 2004-2005 is hereby adopted as set forth below. follows: Section 2. GENERAL FUND Revenue Adjustments: Beginning Fund Balance Franchise Revenue - Qwest Franchise Revenue - Willamette Broadband Court Fines Towing Fees Pool Concessions Pool Admissions Pool Lessons Recreation Program Revenue Donations - Teen Scene Liquor Tax Cigarette Tax Grant - Federal (Library) Reimbursements - Police Services Grant - Federal (Police) Grant - State (Police) Donations - Police Misc. Income - Police Total General Fund Revenue Adjustments That fiscal year 2004-2005 revenues and appropriations are adjusted as Revenues Appropriations 256,062 (19,000) (3,000) 040,000) 30,000 3,000 (23,000) (7,400) 2,900 22,300 (12,000) (3,000) 3,404 56,098 10,500 7,226 1,700 6,188 191~978 Page 1 - COUNCIL BILL NO. ORDINANCE NO. 87 Appropriation Adjustments: Municipal Court: Personnel Services Non-Departmental: Materials & Services Police Department: Personnel Services Materials & Services Library: Materials & Services Parks - Leisure Services: Materials & Services Parks - Maintenance: Materials & Services Interftmd Transfer - General CIP Fund Interfund Transfer - IS Fund Operating Contingency Total Geueral Fund Appropriation Adjustments TRANSIT FUND: Revenue Adjustment: Beginning Fund Balance Total Transit Fund Revenue Adjustment Appropriation Adjustment: Operating Contingency Total Transit Fund Appropriation Adjustment BUILDING FUND: Revenue Adjustments: Beginning Fund Balance Building Permits Total Building Fund Revenue Adjustments Appropriation Adjustment: Operating Contingency Total Building Fund Appropriation Adjustments STATE REVENUE SHARING FUND: Revenue Adjustment: Beginning Fund Balance Total State Revenue Sharing Fund Revenue Adjustment Appropriation Adjustment: operating Contingency Total State Revenue Sharing Fund Appropriation Adjustment Page 2 - COUNCIL BILL NO. ORDINANCE NO. 88 Revenues 20,094 (10,117) (26,398) (36,515~ 56,698 56,698 Appropriations 6,180 15,100 71,212 51,470 3,404 31,725 2,350 18,500 2,600 (10,563) 191~978 20,094 20,094 (36,515) 56,698 56,698 HOUSING REHABILITATION FUND: Revenue Adjustment: Beginning Fund Balance Total Housing Rehab. Fund Revenue Adjustment Appropriation Adjustment: Operating Contingency Total Housing Rehab. Fund Appropriation Adjustment STREET FUND: Revenue Adjustment: Beginning Fund Balance Total Street Fund Revenue Adjustment Appropriation Adjustment: Materials & Services Operating Contingency Total Street Fund Appropriation Adjustment CITY GAS TAX FUND: Revenue Adjustment: Beginning Fund Balance Total City Gas Tax Revenue Adjustment Appropriation Adjustment: Operating Contingency Total City Gas Tax Appropriation Adjustment BONDED DEBT FUND: Revenue Adjustment: Beginning Fund Balance Total Bonded Debt Fund Revenue Adjustment Appropriation Adjustment: Operating Contingency Total Bonded Debt Fund Appropriation Adjustment POLICE CONSTRUCTION FUND: Revenue: Interfund Loan Receipt Sale of Bonds Total Police Construction Fund Revenue Appropriations: Materials & Services - Design Materials & Services - Cost of Issuance Repay Interfund Loan - Principal Repay Interfnnd Loan - Interest Capital Outlay- Construction Total Police Construction Fund Appropriations PAGE 3 - COUNCIL BILL NO. ORDINANCE NO. 89 Revenues (94.66D (94.66D 303,526 303,526 195,657 195~657 11,059 11,059 500,000 7,066,000 7,566,000 Appropriations ('94,661) (94.66D 206,550 96,976 303,526 195,657 195,657 11,059 11,059 500,000 152,000 500,000 5,000 6,409,000 7,566,000 GENERAL FUND CAPITAL IMPROVEMENT FUND: Revenue Adjustment: Beginning Fund Balance Transfer from General Fund Transfer from Parks Capital Imprv Fund Donations Reimbursement - Urban Renewal District Total General Fund CIP Revenue Adjustments Appropriation Adjustment: Capital Outlay - Administrative Buildings Capital Outlay - Plaza Capital Outlay - Parks Capital Outlay - Community Center Planning Operating Contingency Total General Fund CIP Appropriation Adjustments SPECIAL ASSESSMENT FUND: Revenue Adjustment: Beginning Fund Balance Total Special Assessment Fund Revenue Adjustment Appropriation Adjustment: Operating Contingency Total Special Assessment Fund Appropriation Adjustment STREET/STORM CAPITAL IMPROVEMENT FUND: Revenue Adjustment: Beginning Fund Balance Total Street/Storm CIP Fund Revenue Adjustments Appropriation Adjustment: Materials & Services Capital Outlay Operating Contingency Total Street/Storm CIP Fund Appropriation Adjustment PARKS CAPITAL IMPROVEMENT FUND: Revenue Adjustment: Beginning Fund Balance Total Parks CIP Fund Revenue Adjustment Appropriation Adjustment: Interfund Transfer to General Fund CIP Operating Contingency Total Parks CIP Fund Appropriation Adjustment PAGE 4 - COUNCIL BILL NO. ORDINANCE NO. 90 Revenues (108,314) 18,500 36,900 30,000 270,000 247,086 ..3.87,988 387,988 589,198 26,018) 26,018) Appropriations 92,500 270,000 42,930 28,000 (186,344) 247,086 387,988 387,988 5,000 175,866 408,322 36,900 (62,918) (26,018) TRAFFIC IMPACT FEE FUND: Revenue Adjustments: Beginning Fund Balance Loan Repayment - Police Facility Fund Interest Income Total Traffic Impact Fee Fund Revenue Adjustments Appropriations Adjustment: Loan to Police Facility Const. Fund Operating Contingency Total Traffic Impact Fee Fund Appropriations Adjustments Revenue 42,603 500,000 5,000 547,603 Appropriations 500,000 47,603 547,603 STORM WATER SYSTEM DEVELOPMENT FUND: Revenue Adjustment: Beginning Fund Balance Total Storm Water SDC Fund Revenue Adjustment Appropriations Adjustment: Operating Contingency Total Storm Water SDC Fund Appropriations Adjustment 156,419 156,419 156,419 156,419 SEWER CONSTRUCTION FUND: Revenue Adjustment: Beginning Fund Balance Total Sewer Construction Fund Revenue Adjustment Appropriations Adjustment: Materials & Services Capital Outlay Operating Contingency Total Sewer Construction Fund Appropriation Adjustment 117,655 117,655 500 39,717 77,438 117,655 WATER CONSTRUCTION FUND: Revenue Adjustment: Beginning Fund Balance Total Water Construction Fund Revenue Adjustment Appropriations Adjustment: Capital Outlay Operating Contingency Total Water Construction Fund Appropriation Adjustments WATER FUND: Revenue Adjustment Beginning Fund Balance Total Water Fund Revenue Adjustment Appropriations Adjustment: Materials & Services - Meter Reading Operating Contingency Total Water Fund Appropriations Adjustments (1.565.900) (1,565.900) 284,710 284,710 22,000 (1.587.900) (1,565,900~ 11,500 273,210 284,710 PAGE 5 - COUNCIL BILL NO. ORDINANCE NO. 91 Revenues Appropriations WASTEWATER FUND: Revenue Adjustment: Beginning Fund Balance Total Wastewate~ Fund Revenue Adjustment Appropriation Adjustment: Materials & Services - Operations Materials & Services - Sewer Line Maim. Operating Contingency Total Wastewater Fund Appropriation Adjustments 130,681 210,000 500 (79.819) WATER SYSTEM DEVELOPMENT FUND' Revenue Adjustment: Beginning Fund Balance Total Water SDC Fund Revenue Adjustment Appropriation Adjustment: Operating Contingency Total Water SDC Fund Appropriation Adjustment 21,743 21,743 21,743 SEWER SYSTEM DEVELOPMENT FUND: Revenue Adjustment: Beginning Fund Balance Total Sewer SDC Fund Revenue Adjustment Appropriation Adjustment: Operating Contingency Total Sewer SDC Fund Appropriation Adjustmem 48,290 48,290 48~290 INFORMATION SERVICES (IS) FUND: Revenue Adjustments: Beginning Fund Balance Reimbursements Interfund Transfer from General Fund Total IS Fund Revenue Adjustments Appropriation Adjustments: Capital Omla¥ Operating Contingency Total IS Fund Appropriation Adjustments 23,403 3,300 2,600 5,900 23,403 CENTRAL STORES FUND: Revenue Adjustment: Beginning Fund Balance Total Central Stores Fund Revenue Adjustment Appropriation Adjustment: Operating Contingency Total Central Stores Fund Appropriation Adjustment 14,027 14,027 PAGE 6 - COUNCIL BILL NO. ORDINANCE NO. 92 TECHNICAL & ENVIRONMENTAL SERVICES FUND: Revenue Adjustment: Beginning Fund Balance Total T & E Services Fund Revenue Adjustment Appropriation Adjustment: Public Works Administration - Personnel Services Materials & Services Engineering - Materials & Services Central Garage - Materials & Services Operating Contingency Total T & E Services Fund Appropriation Adjustment BUILDING MAINTENANCE FUND' Appropriation Adjustment: Materials & Services Operating Contingency Revenues Appropriations 9,800 750 102,565 102.565 4,000 2,500 .,85,51S 2,750 (2,750) Section 3. That the City Recorder shall file a true copy of the supplemental budget as finally adopted in accordance with Oregon Revised Statute 294.555. ' Section 4. That if any clause, sentence, paragraph, section or portion of this ordinance for any reason shall be adjudged invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the clause, sentence, paragraph, section or portion of this ordinance directly involved in the controversy in which such judgment is rendered. Section 5. This ordinance being necessary for the public peace, health and safety, an emergency is declared to exist in that appropriation adjustments are necessary to meet estimated expenditures during the 2004-05 fiscal year and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Approved as to Form: City Attorney Date APPROVED KATHRYN FIGLEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Recorder City of Woodbum, Oregon PAGE 7 - COUNCIL BILL NO. ORDINANCE NO. 93 11B January 20, 2005 TO: FROM: SUBJECT: Mayor and City Council through~lty Administrator Ben Gillespie, Finance Director,~ Resolution Authogzing the Sale of Bonds RECOMMENDATION: Council adopt the attached resolution authorizing the sale of $7,066,000 of General Obligation Bonds for the purpose of constructing a Police facility BACKGROUND: At a general election on November 2, 2004 the voters of Woodburn approved issuing $7,066,000 of general obligation bonds to be used to pay all direct and incidental costs of constructing, equipping, and furnishing a City police facility. The attached resolution sets the terms of the bonds. The bonds will mature over a period not to exceed 21 years. The Council designates the Mayor, the City Administrator, and the Finance Director as authorized Representatives to act on behalf of the City. The bonds are general obligations of the City. The full faith and credit of the City are pledged to the owners of the bonds for the punctual payment of the obligations. The City covenants with the bondowners to levy annually a direct ad valorem tax upon all of the taxable property in the City in an amount sufficient to pay interest and principal as they become due. The resolution notes that the City has appointed Preston Gates & Ellis LLP as bond counsel and Regional Financial Advisors Inc. as financial advisor. Agenda Item Review: City Administrato~ City Attorney,,, Finance~~ 94 Mayor and City Council January 20, 2005 Page 2 The resolution provides for early redemption of part or all of the outstanding bonds, if the City chooses to do so. The City covenants to use the proceeds of the bonds so that interest paid on the bonds will not be includable in gross income of the bondowners for federal income tax purposes. FINANCIAL IMPACT: By approving the sale of the bonds, the voters of Woodburn authorized annual tax levies outside the permanent tax rate. The taxes available from the permanent tax rate for operations will not be reduced fo pay the debt service on the bonds, which is estimated to be about $560,000 in the first year and $550,000 in subsequent years. COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION AUTHORIZING THE ISSUANCE, SALE, EXECUTION AND DELIVERY OF NOT TO EXCEED $7,066,000 GENERAL OBLIGATION BONDS, IN ONE OR MORE SERIES; AUTHORIZING A SPECIAL AD VALOREM TAX LEVY; DESIGNATING AN AUTHORIZED REPRESENTATIVE; DELEGATING THE APPROVAL AND THE AUTHORIZATION OF DISTRIBUTION OF THE PRELIMINARY AND FINAL OFFICIAL .STATEMENTS; AND RELATED MATTERS. WHEREAS, on July 26, 2004, the City of Woodburn, in Marion County, Oregon (the "City") adopted Resolution No. 1763 authorizing submission to the voters of the City at a measure election on November 2, 2004, the question of contracting a general obligation bonded indebtedness in an amount not to exceed $7,066,000 to finance the costs of capital construction and capital improvements, including, but not limited to, providing funds to (1) construct, equip, and furnish a City Police Facility; (2) construct parking facilities; (3) retire debt related to purchasing property for the City Police Facility; 4) construct related improvements and pay all costs incidental thereto including bond issuance costs (collectively, the "Project"); and WHEREAS, the City is authorized pursuant to the Constitution and Statutes of the State of Oregon, specifically Oregon Revised Statutes ("ORS") Chapters 287 and 288 (collectively, the "Act"), to issue general obligation bonds to finance the costs of the Project and to pay bond issuance costs; and WHEREAS, the election was duly and legally held on November 2, 2004 and the City has canvassed the result thereof and has declared that issuance of bonds in such sum has been approved by a majority of the qualified voters of the City voting at the election; and WHEREAS, the City adopts this resolution to provide the terms under which the general obligation bonds will be sold and issued; to authorize the issuance of the general obligation bonds; and to classify the ad valorem taxes levied to pay debt service on the general obligation bonds as not being subject to the limits of sections 11 and 11 b, Article XI of the Oregon Constitution; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Bonds Authorized For the above purposes, the City shall issue its General Obligation Bonds (the "Bonds"), in one or more series, for the purposes described in the ballot measure submitted to the City's voters at the November 2, 2004 election and to pay costs of issuing the Bonds. The principal amount of the Bonds shall not exceed $7,066,000. Each series of Bonds shall mature over a period not exceeding twenty-one 121) years from their date of issue. The Bonds shall be issued in fully registered form in the principal denominations of $5,000 or any integral multiple thereof, except for the Bonds maturing Page 1 - Council Bill No. Resolution No. in 2006, which may be in denominations of $1,000 or any integral multiple thereof. The Bonds shall be subject to a book-entry only system of ownership and transfer as provided for in Section 8 hereof. The remaining terms of the Bonds shall be established as provided in Section 14 hereof. Section 2. Deslanafl9n of Authorized Representative,~ The Council designates the Mayor, City Administrator, or Finance Director, {each an "Authorized Representative") or a designee of the Authorized Representative to act on behalf of the City and determine the remaining terms of the Bonds as specified in Section 13 hereof. Section 3. Security: Tax Levy The Bonds are general obligations of the City. The full faith and credit of the City are pledged to the successive owners of each of the Bonds for the punctual payment of such obligations, when due. The City covenants with the Bondowners to levy annually a direct ad valorem tax upon all of the taxable property within the City in an amount without limitation as to rate or amount, and outside of the limitations of sections 11 and 11b, Article XI of the Oregon Constitution, after taking into consideration discounts taken and delinquencies that may occur in the payment of such taxes, to pay interest accruing and the principal maturing on the Bonds promptly when and as they become due. Section 4. Form of Bonds The Bonds shall be issued in substantially the form as approved by the Authorized Representative. The Bonds may be printed or typewritten, and may be issued as one or more temporary Bonds which shall be exchangeable for definitive Bonds when definitive Bonds are available. As book-entry only bonds, the Bonds shall be prepared by Bond Counsel; otherwise, the Bonds shall be printed by a financial printer to be selected by the Authorized Representative. Section 5. Execution of Bonds The Bonds shall be executed on behalf of the City with the manual or facsimile signature of the Mayor and attested to by the manual or facsimile signature of the City Administrator or Finance Director, but at least one such signature shall be in manual form. However, all signatures may be in facsimile form if the Bonds are authenticated by at least one manual signature. Section 6. Appointment of Exper~ The City has appointed Preston Gates & Ellis LLP as bond counsel for the Bonds pursuant to ORS 288.523 and Regional Financial Advisors Inc. as financial advisor to the City in connection with the issuance of the Bonds. Page 2- Council Bill No. Resolution No. Section 7. Authentication, Registration, Pavment, Exchanae and Transfer A. No Bond shall be entitled to any right or benefit under this Resolution unless it shall have been authenticated by an authorized officer of the City's paying agent and registrar for the Bonds (the "Registrar"). The date of authentication shall be the date the Bondowner's name is listed on the Bond register. B. All Bonds shall be in registered form. The Registrar shall authenticate all Bonds to be delivered at closing of this bond issue, and shall additionally authenticate all Bonds properly surrendered for exchange or transfer pursuant to this Resolution. C. The ownership of all Bonds shall be entered in the Bond register maintained by the Registrar, and the City and the Registrar may treat the person listed as owner in the Bond register as the owner of the Bond for all purposes. D. The Registrar shall mail or cause to be delivered the amount due under each Bond to the registered owner at the address appearing on the Bond register on the fifteenth day of the month preceding the payment date (the "Record Date"). If payment is so mailed, neither the City nor the Registrar shall have any further liability to any party for such payment. E. In the event the book-entry system of ownership is discontinued, Bonds may be exchanged for equal principal component amounts of Bonds of the same maturity which are in different authorized denominations, and Bonds may be transferred to other owners if the Bondowners submit the following to the Registrar: (1) wdtten instructions for exchange or transfer'satisfactory to the Registrar, signed by the Bondowner or his attorney in fact and guaranteed or witnessed in a manner satisfactory to the Registrar: and (2) the Bonds to be exchanged or transferred. F. The RegiStrar shall not be required to exchange or transfer any Bonds submitted to it during any period beginning with a Record Date and ending on the next following payment date; however, such Bonds shall be exchanged or transferred promptly following that payment date. G. The Registrar shall not be required to exchange or transfer any Bonds which have been designated for redemption if such Bonds are submitted to the Registrar during the 15-day period preceding the designated redemption date. H. For purposes of this section, Bonds shall be considered submitted to the Registrar on the date the Registrar actually receives the materials described in subsection (5) of this section. I. In the event any Bond is mutilated, lost, stolen or destroyed, the Registrar may issue a new Bond of like maturity, interest rate and denomination if the Page 3- Council Bill No. Resolution No. 98 asseded owner of such Bond provides to the Registrar and the City an affidavit, certificate or other reliable proof that the Registrar or the City reasonably finds protects the City from conflicting claims for payment under the Bond. Pursuant to Oregon Revised Statutes Section 288.435, the Registrar may waive the requirements of ORS 288.420 and the City may waive the requirements of ORS 288.430 with respect to the Bond. J. The City may alter these provisions regarding registration, exchange and transfer by mailing notification of the altered provisions to all Bondowners and the Registrar. The altered provisions shall take effect on the date stated in the notice, which shall not be earlier than 45 days after notice is mailed. Section 8. Book-Entry Only System During any time that the Bonds are held in a book-entry only system (the "Book-Entry System"), the registered owner of all of the Bonds shall be The Depository Trust Company, New York, New York J"DTC"), and the Bonds shall be registered in the name of Cede & Co., as nominee for DTC. The City has entered into or shall enter into a Blanket Issuer Letter of Representations (the "Letter") wherein the City represents that it will comply with the requirements stated in DTC's Operational Arrangements as they may be amended from time to time. Under the Book-Entry System, the Bonds shall be initially issued in the form of a single fully registered certificate, one for each maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered by the Registrar on the registration books in the name of Cede & Co., as nominee of DTC. The City and the Registrar may treat DTC (or its nomineej as the sole and exclusive registered owner of the Bonds registered in its name for the purposes of payment of the principal of, redemption price of, and premium, if any, or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving notice as required under this Resolution, registering the transfer of Bonds, obtaining any consent or other action fo be taken by the owners and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. The Registrar shall not have any responsibility or obligation to any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the registration books of the Registrar as being a registered owner, with respect to the accuracy of any records maintained by DTC or any Participant; the payment by DTC or any Participant of any amount in respect of the principal or redemption price of or interest on the Bonds; any notice or direction which is permitted or required to be given to or received from owners under this Resolution; the selection by DTC or any DTC Participant of any person to receive payment in the event of a partial redemption of the Bonds; or any consent given or other action taken by DTC as owner; nor shall any DTC Participant or any such person be deemed to be a third party beneficiary of any owners' rights under this Resolution. The Registrar shall pay from moneys available hereunder all principal of and premium, if any, and interest on the Bonds only to or upon the order of DTC, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. So long as the Bonds are held in the Page 4- Council Bill No. Resolution No. 99 Book-Entry System, no person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the Registrar to make payments of principal of and premium, if any, and interest pursuant to this Resolution. Upon delivery by DTC to the Registrar of DTC's written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions of this Resolution with respect to transfers of Bonds, the term "Cede & Co.," in this Resolution shall refer to such new nominee of DTC. At any time it determines that it is in the best interests of the owners, the City may notify the Registrar, and the Registrar will subsequently notify DTC, whereupon DTC will notify the DTC Participants, of the availability through DTC of Bond certificates. In such event, the Registrar shall issue, transfer and exchange, at the City's expense, Bond certificates as requested in writing by DTC in appropriate amounts. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the Registrar and discharging its responsibilities with respect thereto under applicable law. It DTC resigns as securities depository for the Bonds, Bond certificates shall be delivered pursuant to this section. Under such circumstances (if there is no successor securities depository), the Registrar shall be obligated to deliver Bond certificates as described in this Resolution, provided that the expense in connection therewith shall be paid by the City. In the event Bond certificates are issued, the provisions of this Resolution shall apply to, among other things, the transfer and exchange of such certificates and the method of payment of principal of, premium, if any, and interest on such Bonds. Whenever DTC requests the Registrar to do so, the Registrar will cooperate with DTC in taking appropriate action after written notice (a) to make available one or more separate certificates evidencing the Bonds to any DTC Participant having Bonds credited to its DTC account, or (bi to arrange for another securities depository to maintain custody of certificates evidencing the Bonds. Section 9. Redemption Optional and Mandatory Redemption. The Bonds may redemption and mandatory redemption prior to maturity Authorized Representative pursuant fo Section 13 hereof. be subject to optional as determined by the Section 10. Notice of Redemption Official notice of redemption shall be given by the City's Registrar on behalf of the City by mailing a copy of an official redemption notice by first-class mail at least 30 days and not more than 60 days prior to the date fixed for redemption to the registered owner of the Bond or Bonds to be redeemed at the address shown on the Bond register or at such other address as is furnished in writing by such registered owner to the Registrar, and by publishing the notice as required by law; provided that so long as a book-entry only system is maintained in effect, notice of redemption shall be given at the time, to the entity and in the manner required in DTC's Operational Arrangements, and the Registrar shall not be required to give any other notice of redemption otherwise required herein. Page 5- Council Bill No. Resolution No. 100 All official notices of redemption shall be dated and shall state, without limitation: (1) the redemption date; (2) the redemption price; (3) if less than all outstanding Bonds are to be redeemed, the identification of the Bonds to be redeemed; (4) that on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption; (5) that interest thereon shall cease to accrue from and after said date; (6) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the principal corporate trust office of the Bond Registrar; and (7) the assigned CUSIP numbers of all Bonds to be redeemed. On or prior to any redemption date, the City shall deposit with the Registrar an amount of money sufficient to pay the redemption price of all the Bonds or portions of Bonds which are to be redeemed on that date. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Registrar at the redemption price. Installments of interest due on or prior to the redemption date shall be payable as herein provided for payment of interest. All Bonds which have been redeemed shall be canceled and destroyed by the Registrar and shall not be reissued. Section 11. Tax-Exempt Status and Covenant Re.qardin.q Arbitraae The City covenants to use the proceeds of the Bonds, and the facilities financed with the Bonds, and to otherwise comply with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), so that interest paid on the Bonds will not be includable in gross income of the Bondowners for federal income tax purposes. The City specifically covenants: A. to comply with the "arbitrage" provisions of Section 148 of the Code, and to pay any rebates to the United States on the gross proceeds of the Bonds; and B. to operate the facilities financed with the proceeds of the Bonds so that the Bonds are not "private activity bonds" under Section 141 of the Code; and C. to comply with all reporting requirements. The Authorized Representative may enter into covenants on behalf of the City to protect the tax-exempt status of the Bonds. Page 6- Council Bill No. Resolution No. 101 Section 12. Deslanation of Bonds as "Qualified Tax-Exempt Obligations" The Authorized Representative, upon the advice of Bond Counsel, may designate or not designate any series of the Bonds as "qualified tax-exempt obligations" pursuant to Section 265(b)(3) of the Code. Section 13. Deleaation for Establishment 9f Terms and Sale of the Bond~ The Authorized Representative is hereby authorized pursuant to ORS 288.520(4) to: A. establish the principal and interest payment dates, principal amounts, optional and mandatory redemption provisions, if any, interest rates, and denominations and all other terms for the Bonds; B. solicit competitive bids for the purchase of any series of Bonds and award the sale of that series to the proposer offering the most favorable terms to the City, or appoint an underwriter for the bonds and negotiate the terms under which the Bonds shall be sold; enter into a bond purchase agreement for the sale of the Bonds which incorporates those terms; appoint an expert advisor to evaluate the negotiated terms and pricing of the Bonds, if determined by the Authorized Representative to be in the best interest of the City; and execute and deliver such bond purchase agreement; C. contract with a paying agent and registrar for the bonds; D. participate in the preparation of, authorize the distribution of, and deem final any official statement or other disclosure documents relating to each series of the Bonds; E. obtain municipal bond insurance on the Bonds if determined by the Authorized Representative to be in the best interest of the City, execute and deliver any agreement required in connection with such insurance, and expend Bond proceeds to pay any bond insurance premium; F. obtain one or more ratings on the Bonds if determined by the Authorized Representative to be in the best interest of the City, and expend Bond proceeds to pay the costs of obtaining such rating; G. take such actions as are necessary to qualify the Bonds for the Book-Entry System of DTC; Ho cedificates; approve, execute and deliver the Bond closing documents and I. enter into covenants regarding the use of the proceeds of the Bonds and the projects financed with the proceeds of the Bonds, to maintain the tax- exempt status of the Bonds; and Page 7- Council Bill No. Resolution No. 102 J. execute and deliver a certificate specifying the action taken pursuant to Section 13, and any other certificates, documents or agreements that the Authorized Representative determines' are desirable to issue, sell and deliver the Bonds in accordance with this Resolution. Section 14. Continuin,q Disclosure The City shall approve, execute, and delivery a Continuing Disclosure Certificate for the benefit of registered Bondowners, pursuant to SEC Rule ]5c2-]2, as amended (17 CFR Part 240, § 240.]5c2-12). Section 15. ~ The City may defease the Bonds by setting aside, with a duly appointed escrow agent, in a special escrow account irrevocably pledged to the payment of the Bonds to be defeased, cash or direct obligations of the United States in an amount which, in the opinion of an independent certified public accountant, is sufficient without reinvestment to pay all principal and interest on the defeased Bonds until their maturity date or any earlier redemption date. Bonds which have been defeased pursuant to this section shall be deemed paid and no longer outstanding, and shall cease to be entitled to any lien, benefit or security under this Resolution except the right to receive payment from such special escrow account. Section 16. Establishment of Funds and Accounts The following funds and accounts shall be created into which the proceeds of the Bonds shall be deposited, which funds and accounts shall be continually maintained, except as other, wise provided, so long as the Bonds remain unpaid. A. Debt Service Account. The City shall maintain the Debt Service Account in the City's Debt Service Fund for the payment of principal, premium, if any, and interest on the Bonds as they become due. All accrued interest, if any, and all taxes levied and other moneys available for the payment of the Bonds shall be deposited to the Debt Service Account. B. Construction Fund. The City shall maintain the Construction Fund for the purpose of accounting for and paying all costs of the Project and the costs related to the preparation, authorization, issuance and sale of the Bonds. Any interest earnings on moneys .invested from the Construction Fund shall be retained in the Construction Fund. The City's share of any liquidated damages or other moneys paid by defaulting contractors or their sureties will be deposited into the Construction Fund to assure the completion of the Project. Upon completion of the Project and upon payment in full of all costs related thereto, any balance remaining in the Construction Fund shall be deposited to the Debt Service Account for payment of debt service. Page 8- Council Bill No. Resolution No. 103 Section 17. Resolution to Constitute Contract In consideration of the purchase and acceptance of any or all of the Bonds by those who shall own the same from time to time (the "Bondowners"), the provisions of this Resolution shall be part of the contract of the City with the Bondowners and shall be deemed to be and shall constitute a contract between the City and the Bondowners. The covenants, pledges, representations and warranties contained in this Resolution or in the closing documents executed in connection with the Bonds, including without limitation the City's covenants and pledges contained in Section 3 hereof, and the other covenants and agreements herein set forth to be performed by or on behalf of the City shall be contracts for the equal benefit, protection and security of the Bondowners, all of which shall be of equal rank without preference, priority or distinction of any of such Bonds over any other thereof, except as expressly provided in or pursuant to this Resolution. 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 9 - Council Bill No. Resolution No. 104 LAWSON/HIGHWAY 214 INTERSECTION IMPROVEMENT PROCESS Option 1 - Maintain two-way pattern on Lawson 1. Option determination by Council. Design, plan approval and permits · Preparation of construction plans (1 month) · ODOT plan and permit approval (2 months) · Award of construction contract (1 month) Right of way acquisition (concurrent with step 2) · Appraisal (1 month) · Negotiation to purchase (2 months) · Closing (2 weeks) 4. Construction of Improvement (1 month with favorable weather) Option 2 - Make Lawson one-way southbound Public input. · Public meeting with adjoining property owners, business owners and interested parties · Coordination with ODOT Final option determination by Council. · May require a comment period during a council meeting to allow further input from property and business owners 3. Upon Council approval of option, develop sign plan and procure and install required signs (1 month) 11C TO: VIA: FROM: SUBJECT: January 20, 2005 Honorable Mayor and City Council through City Administrator Director of Public Works mg'~.~ David Torgeson, P.E., Assistant City Engineer ~ - /. Lawson/Highway 214 Intersection RECOMMENDATION: Direct staff to begin process leading to a traffic revision at intersection of Lawson Way and Highway 214, by choosing one of the options outlined below: Option 1 - Maintain two-way pattern on Lawson. Buy additional property to resolve current problems. Option 2 - Make Lawson one-way, southbound. Resolve current problems without purchasing additional property. Option 3 - Make no changes at present time. Advocate for changes during interchange improvement project. BACKGROUND: The improvement is needed to reduce the possibility of accidents. Sidewalks and curb are broken, because semi-trailer trucks turning dght from Highway 214 to Lawson Ddve have damaged them. The same trucks frequently swing wide, occupying the northbound lane of Lawson, creating potential conflicts for other motorists. The project is listed in the ClP for fiscal year 2004-05, with a budget of $29,000. Agenda Item Review: City Administrat~ City Attorney ~ Financ~ 105 Honorable Mayor and City Council January 20, 2005 Page 2 DISCUSSION: Future Conditions In the proposed I-5 interchange improvement project environmental assessment Lawson Avenue will become a dght turn in only intersection. There would be an approximately 150-foot long drop lane on Highway 214 that will carry vehicles into the right turn movement. (The drop lane will occupy much of the current frontage of the Chevron gas station. Because of changes in vedical grade along this frontage, no access will be provided from Highway 214 to the Chevron parcel.) There would be no exit onto Highway 214 from Lawson Avenue. That is, turns from Lawson to Highway 214 (in either direction) will not be possible. Business access on Lawson Avenue was an important consideration for members of the environmental assessment Local Access Committee and Stakeholders Working Group. To provide access to the businesses along Lawson it is proposed that Lawson Avenue remain open for two-way traffic from Stacy Allison Way to at least the private access that is located south of the existing McDonalds restaurant. There has been discussion of another business access for land between Lawson Avenue and the interstate and there is an access option in the current environmental assessment for an additional access south of the existing Chevron gas station. This proposed access option would allow for two- way traffic on Lawson up to this access. The environmental assessment will be completed by summer 2005. Present Options The options discussed herein are interim solutions, which deal with modifications that will have a limited lifetime - only until the Interchange project is completed, some five or six years from now. Option 1 - Maintain two-way pat/em on Lawson: this will require acquisition of about 0.03 acres of property at the southwest corner of the intersection. Construction would include about 200 feet of new curb, gutter and sidewalk. Two handicapped ramps would be installed at the same time. Construction of this alternative will enable large trucks to negotiate the intersection without leaving their allocated lane in either Highway 214 or Lawson Drive. This alternative, less real estate, is estimated to cost $13,200. The cost of property acquisition will depend on actual appraised value and calculated area. For budget purposes, a comparison can be made with cost of nearby property recently acquired by ODOT on the north side of the highway. This cost was $17.50 per square foot. If an area of 0.03 acres costs, say, $20 per square foot, 106 Honorable Mayor and City Council January 20, 2005 Page 3 the cost of land for Option 1 will be about $28,600. Appraisal fees, design, survey, and construction staking can be expected to cost an additional $3,500. Option 2 - Make Lawson one-way, southbound: this will consist mainly of changes in roadway signing and striping.. No property will be needed to accomplish this Option. Repairs to the existing curb would be made. Lawson Drive would be designated "one-way" south of the 214 intersection. If no additional property is acquired, and the current geometry at the curb line is not changed, large trucks will continue to need to "swing wide" in Highway 214 (into the center left turn lane) as they approach Lawson. This condition can be seen on the sketch for Option 2. The sketch for Option 3 shows changes in lane designation that will occur at the south end of Lawson, at Stacey Allison. Option 3 - Make no changes at present f/me: these changes to be accomplished during interchange improvement project. This will be consistent with the transportation plan. FINANCIAL IMPACT: The project can be paid from State. Revolving Fund. Option 1 will cost approximately ,$48,000, with contingency. Option 2 can be expected to cost $4,800. City maintenance forces can perform sign revisions, needed for all options, whose cost may be on the order of $2,500. ATTACHMENTS: Sketches showing existing conditions and Options 1 and 2 are attached. (3 pages.) 107 LAWSON AVE e~CK S/W PROPERTY TAKE 4- H/C RAMP (1YP) V/B-SO De~lgn SemRraller Combinatio~ SHY OIST CHECK SURFACE DRAINAGE O NEW CURB RETURN. NORTHBOUND SOUTHBOUND ..-EXIST WIDTH 17' TO FACE OF CURB ) INTERSECTION DETAIL OPTION 1 Scale 1'=20' 108 P~ Aw X 111.1 PR~ATE ORNE Xw -- ~IGHI' TURN ONLY TURN ONLY STACY ALLISON WAY EXISTING CONDITIONS WITH OPTION ,~ ONE-WAY SOUTHBOUND Scale 1"=75' 109 LAW~ON AVE r/ - EONE WAY ~.-EXlST ~113'11-1 17' TO FAC'EOF CURB --'--'-"'~FAC~ OF CURB TRUCK MUST SWING WlO[ APPROX 25' FROM CURB TO Ai~ROACH CURRF. NT iNTeRSECTION. iNTERSECTION DETAIL 9PTION _2. _ Scale 1'=20' 110 Incorporated 11D January 24,2005 TO: FROM: SUBJECT: Honorable Mayor and City Council through City Administrator Matt Smith, Management Analyst II Livability Task Force Recommended Noise Ordinance Revisions .RECOMMENDATION: It is recommended that City Council direct staff to prepare an ordinance amending the Noise Ordinance (Ordinance 2312) Section 6(A) to uniformly decrease the maximum sound levels identified within each classification and timeframe by 5 decibels. BACKGROUN_n: At its September 13, 2004 meeting, the City Council considered citizen concerns regarding noise levels at events held at City facilities. The Council referred the matter to the Livability Task Force to conduct a public discussion on the City's Noise Ordinance, and to the Recreation and Parks Board to consider changes to the Special Events Policy. The Livability Task Force and the Woodburn Recreation and Parks Board sent meeting notices to concerned citizens and published the notices in the paper, conducted meetings and received oral and written testimony from the public, consulted with City staff, and prepared recommendations. Based on this process, the Task Force recommends the Council amend the Noise Ordinance (Ordinance 2312) Section 6(A) to uniformly decrease the maximum sound levels allowed within each classification and timeframe by 5 decibels. The recommended revisions are attached (Attachment 'A'). A separate item on the Council's January 24, 2005 agenda addresses the Recreation and Parks Board's recommendation related fo the Special Events Policy. Agenda Item Review: City Administrat~~~City Attorney Finance~ Honorable Mayor and City Council January 24, 2005 Page 2 DISCUS__~J.Q~: The Task Force believes the noted reduction will address many of the problems identified by members of the public, and better reflects the border line between acceptable and unacceptable noise levels in the community. The Task Force also recognizes the difficulty of anticipating enforcement issues before the change has been made, and based on a conversation with the Police Chief, suggests that Council revisit the issue in one year or less, if necessary, to evaluate the effectiveness and enforceability of the change based on actual enforcement experience. The Task Force further felt that many of the issues identified by the public could be resolved by a public education campaign. To improve the effectiveness of the Noise Ordinance as a regulatory tool, the Task Force recommends the City renew the multi-media public education campaign developed when the new Noise Ordinance was adopted in 2002. This included local access television programming, written materials, and an article in the Quarterly Newsletter. FINANCIAL IMPACT: The costs of enforcing ordinance revisions and amounts of offsetting fine revenues are unknown. This information will be tracked, and presented to Council for its consideration as part of the annual evaluation of this activity. 112 woo~)B,~ GE.EM O~.^.CES &11'&¢HMENT A CH~J~ER 5 - O£FENSE$ 5-29.6 5-29.6 Section 6. Noises Prohibited. A. It shall be unlawful for any person to produce or permit to be produced, with any sound producing device which when measured at or within the boundary of the property on which a noise sensitive unit is located which is not the source of the sound, which sound exceeds the following levels: (1) 6055 dBA at any time beh/veen 9:00 p.m. and 7:00 a.m. of the following day where the property receiving the noise has a residential zoning designation. (2) ~ dBA at any time between 7:00 a.m. and 9:00 p.m. of the same day where the property receiving the noise has a residential zoning designation. {3) ,,,,~ dBA at any time between 9:00 p.m. and 7:00 a.m. of the following day where the property receiving the noise has a zoning designation which is not residential. (4) day where the residential. ~75 dBA at any time between 7:00 a.m. and 9:00 p.m. of the same property receiving the noise has zoning designation which is not B. In addition to Section 6A, any person producing or permitting to be produced the following noise disturbances, shall be found in violation of this Ordinance, regardless of the decibel level of the disturbance: (1) Repair and testing of a motor vehicle or other engine which is plainly audible within a noise sensitive unit between the hours of 9:00 p.m. and 7:00 a.m. of the following day. (2) The operation of any gong, bell or siren upon any vehicle, other than police, fire or other emergency vehicle. (3) The sounding of any motor vehicle audible anti-theft alarm system for a period of more than 20 minutes. (4) The use of a mechanical device operated by compressed air, steam or otherwise, unless the noise created thereby is effectively muffled. (5) The detonation of a blasting or explosive device, except as allowed under a permit issued by the appropriate governmental authority. (6) The keeping of an animal which by loud and frequent or continued noise disturbs the comfort and repose of a person in the vicinity. ORDINANCE No. 2312 113 PAGE3 11E January 19, 2005 TO: FROM: SUBJECT: Mayor and City Council through City Administrator D. Randall Westrick, Recreation and Parks Director~ Special Event Policies Revisions RECOMMENDATION: As recommended by the Recreation and Parks Board, adopt the revised Special Event Policies. BACKGROUND: At the September 14, 2004 meeting, the City Council heard complaints regarding noise associated with the Viva La Independencia celebration held at Settlemier Park the weekend of September 12 & 13, 2004. In response to these concerns, the City Council asked the Recreation and Parks Board to consider changes to the City's Special Event Policies that will better regulate and mitigate sound at large special events in City parks. The City's Special Event Policy regulates the use of City parks for large special events that will attract more than 1,000 visitors or require the exclusive use of an entire park. These policies set forth regulations for: · Fees; · Insurance; · On-site management staff; · Grounds set up; · Event Security; · Alcoholic beverages; · Music and sound; · Dancing; · Nails in trees; · Associated permits; · Utilities; · Restrooms; · Trash cans and refuse removal; · Public access; · On-site vehicular access; · Off-site parking; · Neighborhood relations; and · · Vendors and exhibitors. The Recreation and Parks Board discussed the Music and Sound section of the policies at their October 12, 2004 meeting. At this meeting, the Board decided Agenda Item Review: City Administrator -i'~' City Attorney j~'~ .~ Financ~ 114 · Mayor and City Council January 20, 2005 Page 2 to craft specific policies that pertain to sound at Settlemier Park and, in anticipation of future development, Warzynski Plaza. On November 8, 2004 and December 14, 2004, the Board invited concerned residents and event organizers to express concerns about the sound issue. The Board also discussed the matter at their November 17, 2004 workshop. Additionally, the Board received written comments from the City's Livability Task Force. On January 11, 2005, the Board agreed unanimously fo recommend the attached policy to the City Council. DISCUSSION: While initial focus was on the "Music/PA" policy, the Board is recommending other changes to clarify the organization of special events. Below is an outline of the proposed changes. · Within the Grounds Set Up Plan'Section, the Board proposes adding staging equipment and adding Recreation and Parks Department fo the reviewing agency. · Within the Music/PA section, several changes are proposed. These include: o Designating the Recreation and Parks Department as the lead department in monitoring sound. The policy identifies the Police Department as a consulting department. o For both Settlemier Park and Warzynski Plaza, the Policy proposes changes that restrict amplified sound to specific times, on specific days of the week. At Warzynski Plaza, these restrictions change with certain months of the year. o For both Settlemier Park and Warzynski Plaza, the Policy limits amplified sound to six hours per day. Amplified sound sessions can last only two hours and must include a break of at least 30 minutes between sessions. o For both Settlemier Park and Warzynski Plaza, specific dBA limits for each event will be set during pre-event sound checks and in consideration of sound checks on the park property and within surrounding neighborhoods. In addition, the Policy clarifies that amplified sound includes music and public address. · The revisions include clarifications that describe when a Dance Permit is needed. · Within the Neighborhood Relations section, the Policy revision requires instead of recommending that event organizers give notice to surrounding neighborhoods. The Recreation and Parks Department will 115 Mayor and City Council January 19, 2005 Page 3 determine the limits of notification and provide organizers with a map or addresses for canvassing. These changes address specific concerns expressed by neighbors, ideas from the Livability Task Force and observations from staff and event organizers. The Recreation and Parks Board considered recommending measures that would restrict the placement of speakers to specific locations within each park. The Board has not recommended that the Policy include these details. They are concerned such measures would limit flexibility and because of equipment limitations, could restrict some event producers from staging quality events. However, the Policy does give the Recreation and Parks Department the authority to review set up plans and direct the placement of speakers to locations that will curb impacts to surrounding neighborhoods. FINANCIAL IMPACT: Additional expense will be incurred for monitoring equipment. This expense is expected to be less than $200. Also, additional staff time will be necessary to monitor noise. This expense will be covered by fees calculated when a Special Event Permit is issued. As a part of the next fee review, staff will review the costs associated with the Special Event Policy and recommend changes. Attachments 116 Special Event Policies City of Woodburn Recreation and Parks Department Revision Draft: January 19, 2005 117 Special Event Policies City of Woodburn Page 1 SPECIAL EVENT POLICIES & FEE SCHI~DULE Thc Special Event Policies & Fcc Schedule applies to facility use requests that will attract more than 1,000 visitors or require the exclusive use of an entire park. Included within these policies and fee schedules are activities where the purpose of the event is to distribute information md/or introduce a product that may result in any present or future donations or sales. Also included are events where concessions, sales or carnival rides and attractions arc a part of thc event. These fees and policies guide the organization and production of events promoted independently from City sponsorship. Agreements with promoters, organizers and event producers to prepare events and activities in which the City is a co-sponsorship will be negotiated on a case-by-case basis. Depending upon the nature of a proposed co-sponsored event, policies and fees outlined in these policies may or may not apply. Permits for events of the size and nature described above will be considered for approval only for Legion, Settlemier and Centennial Parks. These policies are adopted to guide the use of City parks for large special events. Approval for any event will not be considered final until a Special Event Park Use Permit is signed, all fees and deposits are paid, necessary permits are obtained and appropriate certificates of insurance are filed with the City. Applications for a Special Event Use Permit under these policies must be filed at least 30 days prior to the date of the event. CERTIFICATE OF INSURANCE Event organizers must provide and maintain at their own expense comprehensive general liability insurance and comprehensive auto liability insurance with a combined single limit of at least $1,000,000 per occurrence. Depending upon thc nature of the event planned, the City may require additional insurance coverage. Such insurance shall be primary to other insurance maintained by the City and shall name the City as additionally insured. ON-SITE MANAGEMENT STAFF Thc City will assign staff to be on-site at least eight hours each day an event is open to thc public. Staff will be responsible to assist organizers with event access, compliance with park rules and provisions of an approved Special Event Usc Permit and other concerns regarding park facilities. City management staff will also monitor compliance with regulations that other agencies might impose and will advise those agencies of possible violations. GROUNDS SET UP PLAN Thc applicant must submit to the Recreation and Parks Director for approval a Grounds Set Up Plan fourteen calendar days before occupying the park. This Plan shall specify: All temporary fence lines including entrance gates, emergency exits and access lanes and service entrances. A. Ride and attraction locations. B. Pirst Aid stations. C. Power generators. 118 Special Event Policies City of Woodburn Page 2 D. Locations where propane gas will be used. E. All food and beverage and other vending locations. F. Utility vehicle, ambulance and event truck parking. G. Ticket sales booths. H. Location for security personnel. I. Portable toilet locations. J. Locations for amplified sound and staging equipment. Facility Maintenance personnel are available by appointment to answer questions regarding individual park facilities. They can assist with developing site plans, locating underground utilities, making suggestions on how to reduce turf and facility damage and for on-site consultation both prior to and during set up. Facility management personnel will be on-site during thc event to assist with emergencies. Grounds Set Up Plans arc subject to the review and approval of the Woodbum Fire District and the Woodbum Police Department as well as the Recreation and Parks Department. EVENT SECURITY Event organizers will submit a Security Plan to the police Chief for approval. This plan shall include the following: A. The number of private security officers. B. Thc locations where each private security officer is stationed. C. The hours each private security officer is scheduled to work. D. Proof of bonding of the private security company. E. Proof of license and certification of the private security company by the Oregon Department of Public Safety Standards and Training. ALCOHOLIC BEVERAGES Alcohol dispensing is only allowed at Centennial Park, and only with the appropriate OLCC Temporary Sales/Special Event License or an OLCC Temporary Usc of Annual License for an Event at an Unlicensed Location. Applications will only be considered for beer and wine; no spirits or hard liquor. Events at which alcohol will be dispensed are required to make exclusive use of the park. If alcohol dispensing is part of the park permit application, then the Security Plan shall include: A. A detailed plan (including notations on the Ground Setup Plan) on how Pcrmitee plans to manage and separate minor patrons from adult alcohol consumers. B. How permittee will check adult patrons ID. C. The number and location of private security assigned to supervise thc alcohol service area (the City shall establish the number of security officers required per capita on a case by case basis except where daily event attendance is expected to exceed 2,000 persons and in that event it shall be no less than established OLCC requirements). D. How the Permittcc will comply with OLCC regulations regarding food service for patrons being served alcohol. 119 Special Event Policies City of Woodburn Page 3 MUSIC/PA All amplified music or use of a PA system in any park is regulated by the City's noise ordinance. The ordinance limits amplified sound to 80 dBA at park boundaries. However, to minimize impacts on surrounding neighborhoods, the Recreation and Parks Department will regulate the location and placement of all PA systems used as a part of a special event and will establish dBA for each event and for each park through prior testing. DBA will not exceed limits listed above. The Recreation and Parks Department site management personnel in consultation with the Police Department will monitor and regulate sound volume. Specific park restrictions apply to Settlemier Park and Warzynski Plaza as follows: Settlemier Park · Amplified sound is allowed between noon and 9 p.m. Friday and Saturday. · Amplified sound is allowed between noon and 7 p.m. Sunday through Thursday. · On each day for which amplified sound is approved, amplified sound will not exceed six hours in total duration and will be allowed only for two consecutive hours with a minimum of 30 minute breaks between amplified sound sessions. · Amplified sound including music and public address (announcing voice) must not exceed the established dBA limit for each event. · Specific dBA limits for each event will be set after monitoring noise levels within surrounding notified neighborhoods (see Neighborhood Relations section) during the pre-event sound checks. Warzynski Plaza · Amplified sound will be allowed between 10 a.m. and 9 p.m., April through October; and 10 a.m. to 7 p.m., November through March. · On each day for which amplified sound is approved, amplified sound will not exceed six hours in total duration and will be allowed only for two consecutive hours with a minimum of 30 minute breaks between amplified sound sessions. · Amplified sound including music and public address (announcing voice) must not exceed the established dBA limit for each event. · Specific dBA limits for each event will be set after monitoring noise levels within surrounding notified neighborhoods (see Neighborhood Relations section) during the pre-event sound checks. DANCE PERMIT Any public dance activities associated with a special event requires a dance permit issued by the Woodbum Police Department. A "public dance" is any dance not held in a private home or residence which is open to the public. Public dancing will not be a permitted activity without an approved permit. NAILS IN TREES PROHIBITED To keep trees healthy and to protect maintenance workers, the use of nails in trees is prohibited. Should a saw ever be needed to remove or repair a tree, nails can damage equipment and severely injure workers should a saw strike a nail. Therefore, the use of nails in trees is prohibited. 120 Special Event Policies City of Woodburn Page 4 OTHER APPROVALS AND PERMITS Apart from permits required by the City of Woodbum, it is necessary to obtain other permits and approvals from other agencies to conduct an event. These permits and approvals include, but are not limited to, the following: A. For food booths, organizers must require vendors to obtain the approval of the Marion County Health Department. B. For any carnival rides, organizers must obtain inspection and approval of the State of Oregon, Building Codes Division. Event organizers may be required by the City to show written proof that these permits were secured. Organizers should keep these permits on premises during the event and be prepared to produce them immediately upon request. UTILITIES Some parks have 110V/20 amp electricity available for special events. This may not be adequate for your event. Should you require additional power and need to bring in a generator(s), all placement of generators must be noted on the approved Grounds Set Up Plan. This includes large generators that serve multiple booths or attractions and small generators that serve individual booths or attractions. The use of propane for cooking during a special event is acceptable. However, such usc is subject to thc inspection and regulation of the Woodburn Fire District. RESTROOMS Within Woodburn's parks, events that fall within the Special Event Policies will require portable restrooms. The City requires organizers to provide one portable restroom for every 125 expected visitors at any given time the event is open to the public. Five percent of all portable restrooms must meet ADA standards for accessibility. When portable restrooms are required, the first portable placed on site must meet ADA standards. When restrooms are required in two or more locations, each location must include an ADA approved restroom, organizers will clean and service these facilities on a frequent basis throughout the event. TRASH CANS & REFUSE REMOVAL Event organizers will require each vendor or exhibitor to provide two trash cans for each food vendor (at least one for public use and at least one for vendor use) and one trash can for non-food exhibitors. Exhibitors will be required to empty these trash cans as needed. The City requires organizers to provide at least one trash can for every 125 expected to be in attendance at any given time the event is open to the public and will empty the trash cans on a continual basis so that they do not overflow. These trash cans are in addition to those provided by vendors and exhibitors. The 121 Special Event Policies City of Woodburn Page 5 City will make available to the organizer all trash cans normally available within a park as well as any others within the Department's inventory that are not in use at another park or event. Event organizers are responsible for all expenses to remove litter and trash from a park or facility. Event organizers will continually patrol the park to pick up litter before, during and after an event is open to the public. PUBLIC ACCESS Event organizers with permission (through an approved Grounds Set Up Plan) MUST adhere to that plan. At no time will an event be allowed to put fencing across a sidewalk or other public right of way without the written permission of Recreation and Parks Director or his/her designee. Stakes put into the ground to support fencing cannot exceed 8" in depth without flagging of underground utilities. No staking is allowed on any paved surfaces without prior approval from the Recreation and Parks Department. ON-SITE VEHICULAR TRAFFIC To ensure the safety of event visitors, organizers and exhibitors, vehicular traffic within any park during the hours an event is open to the public is prohibited without permission from the City's on-site staff. Approved vehicular movement is restricted to designated paths, roads and parking areas. OFF-SITE PARKING PLAN Since parking at Woodburn's parks is limited, the City will require event organizers to submit off-street parking plans that will reduce impacts to surrounding neighborhoods. This plan will document agreements with off-site parking lot owners to use parking lots and transportation companies or agencies to transport event visitors. The plan will also provide a schedule and a route that shows drop-off and pick up points. NEIGHBORHOOD RELATIONS Because large events have a significant impact on neighborhoods, after an application is approved, the City requires event organizers to notify with fliers the surrounding neighborhood. The flier should include dates, times and a description of the event planned. It should also invite the neighborhood to participate in the event and provide a City phone number to call should a concern arise. The City will provide event organizers with a mailing list or street map with addresses to delineate the extent of flyer distribution. Event organizers should plan a neighborhood clean up detail to pick up litter left by event organizers who park throughout residential neighborhoods and business districts. 122 Special Event Policies City of Woodburn Page 6 VENDORS & EXHIBITORS Event organizers are responsible to communicate all park and event rules, regulations and permit requirements. Vendors must also complete application forms supplied by the City. The City expects that organizers will make every effort to seek compliance with these rules. However, the City reserves the right to expel from a facility any vendor that the City determines is not in compliance with provisions of the permit or City rules & regulations. The City will report suspected code violations to appropriate regulatory agencies. 123 Special Event Policies City of Woodburn Page 7 FEES & DEPOSITS FOR SPECIAL EVENTS Fee or Deposit Amount Description Special Event Permit $1,275 This fee allows for three days of non-exclusive use for event set up, one day for the event and two days of non-exclusive usc for event break down. Event organizers needing additional days for set up, event and/or breakdown will be char~ed at $400 per day. Additional Days $400 This fcc applies to days an event organizer needs beyond the days described above. Attraction Fcc (per attraction per $50 Attractions include carnival rides & games (each event) separate ride or game is a separate attraction This fee applies only if the qualifying for the fee), games, food vending amount is greater than the total concessions, sales and information booths. Event fees for the Special Event Permit organizers will be allowed two booths at no charge and Additional Days combined, for event administration and information. Deposit/per day $750 In addition to the user fee, event organizers will be required to submit a security deposit in the amount of $750 per day. Charges to the deposit will be made to repair damage beyond normal wear and tear, for set up days beyond three days and break down beyond two days (charged at the "Additional Days" rate) and park facility restoration including turf & vegetation, buildings, utilities and other physical park features. The deposit will also cover expenses when park staff is necessary for a pre-event set up and post event clean up beyond 24 hours. Such will be charged at $34.62 per hour. Event organizers will be billed for expenses in excess of deposits retained. Deposits will be returned within 30 days from vacation of the park. The Recreation and Parks Department will prepare a complete cost accounting for fees, labor, materials and services for expenses withheld from a deposit. 124- ODBURN Incorporated 1889 December 9, 2004 [Click here and type recipient's address] The Woodbum Recreation and Parks Board is now considering policy recommendations to the City Council that will place limits on the use of amplified sound equipment at Settlemier Park and Warzynski Plaza in downtown Woodbum. They will consider this matter at their next regularly scheduled meeting - Tuesday, December 14, 2004 at 7:00 p.m. in the Council Chamber at City Hall As someone who has expressed an interest in these issues, you are invited to attend the meeting to provide comment on the policy revision recommendation. These revisions will include limiting the time, days and duration of amplified sound and require event organizers to provide public notice to surrounding neighborhoods (as specified by the City) of the events planned. The policy is now available for public review at the Recreation and Parks Office at 160 W. Cleveland. Office hours are 8 a.m. to 5 p.m. Monday thru Friday. Thank you for your interest in this subject. If we may answer any questions about this issue or the upcoming meeting, do not hesitate to call. Sincerely, D. Randall Westfick Recreation and Parks Director Recreation and Parks Dep~tment 270 Montgoraery Street · Woodburn, Oregon 97071 Ph. 503-982-~ Fax 503-982-5244 Dahlia Lopez 415 Oak Street Woodbum, OR 97071 Dennis Want 461 N Cleveland Street Woodburn, OR 97071 Dan and Kathleen McCandless 180 Smith Drive Woodbum, OR 97071 Angela Racogrande 330 S Settlemier Woodbum, OR 97071 Stuart Foster 300 S Settlemier Woodbum, OR 97071 Brendan Powell 280 S Settlemier Woodbum, OR 97071 Alicia Hintz 172 Cherry Street Woodbum, OR 97071 Kerrie Christensen 516 Harrison Woodbum, OR 97071 Eric Senner 234 S Settlemier Woodbum, OR 97071 Diane Cooper 333 Smith Drive Woodbum, OR 97071 John and Linda Sauer 402 Oak Street Woodbum, OR 97071 Terry and Beth Bergerson 423 S. Settlemier Avenue Woodbum, OR 97071 Ruth H. Wells 275 N. Third Street Woodbum, OR 97071 Edna Eiler 612 N Cascade Drive Woodburn, OR 97071 Bob Miley 1285 Parkview Woodbum, OR 97071 Jim Cox 1530 Ranier Woodburn, OR 97071 126 TH . CITY OF WOODBURN Livability Task Force Mission Statement: "It is the mission of the Livability Task Force to create and promote programs that result in a cleaner community where there is pride in property ownership, with a full range of commercial services, and with ample recreational, cultural, and entertainment activities for all age groups. It is the Task Force's further mission to create and prornote an environment where all residents can feel safe, will interact with each other, will celebrate their unique traits and diversity, and can share a strong and common sense of community." December 8, 2004 D. Randall Westrick, Recreation and Parks Director City of Woodburn Recreation and Parks Department 270 Montgomery Street Woodburn, Oregon 97071 Dear Mr. Westrick, Following your comments regarding progress on revisions to the Recreation and Parks Special Events Policy made at the Livability Task Force public meeting held on December 2nd, Task Force members expressed concern that their original recommendation to require event organizers to position speakers along the perimeter of the event area to direct the sound inward and away from adjacent neighborhoods was not included in the proposed revisions to the Special Events Permit Policy. The Task Force recognizes that event organizers often have limited sound equipment, and to place the speakers at the perimeter of the event would require more speakers and lengthy cords than the organizers are likely to possess. However, the Task Force encourages staff and the Recreation and Parks Board to explore creative ways in which this goal of directing sound inward and away from neighborhoods can be accomplished without causing an undue financial burden on event organizers, and incorporating the solution(s) into the Special Events Permit Policy. Thank you again for your efforts to resolve noise issues in the parks, and also please express our thanks to the Recreation and Parks Board for considering our recommendations regarding the Special Events Permit Policy, and for their careful examination of the issue. If you have any questions, please feel free to contact Pete at (503)982-5741. Sincerely, Pete McCallum, Co-Chair Nancy Kirksey, Co-Chair on behalf of the Woodburn Livability Task Force 127 C 'Y OF WOODSUR Livability Task Force Mission Statement: "It is the mission of the l. ivability Task Force to create and promote programs that result in a cleaner community where there is pride in property ownership, with a full range of commercial services, and with ample recreational, cultural, and entertainment activities for all age groups. It is the Task Force's further mission to create and promote an environment where all residents can feel safe, will interact with each other, will celebrate their unique traits and diversity, and can share a strong and common sense of community." November 4, 2004 Honorable Recreation and Parks Board Members, As you are aware, following the Celebration of Mexican Independence event held on September 1 l~h and 12th at Settlemier Park, over 30 citizens called the City to complain about the sound levels emitting from the park into their neighborhoods during the event. Approximately 1/~ of those complainants came to City Hall on the following Monday to complain in person, and a group of citizens attended the following City Council meeting held on September 13, 2004 to express their concerns to the Council. At the meeting, the complainants were told the Woodburn Livability Task Force would review the Recreation and Parks Special Events Policy and the noise ordinance in general, and the Recreation and Parks Board would also review the Recreation and Parks Special Events Policies. Subsequently, the Task Force reviewed the noise ordinance and was educated by the Chief of Police and the City Attorney regarding enforcement and legal issues, developed recommendations to the Recreation and Parks Board regarding the Recreation and Parks Special Events Policies, and offered their support to the Board in their decision on the subject. Based on the review, the Livability Task Force respectfully offers the following recommendations to the Recreation and Parks Board to consider as you review the Special Events Policies. In addition to the recommendation by the Recreation and Parks Director to develop set-up plans that direct sound away from neighborhoods: a. perform rigorous testing on sound setups before each event to limit adverse impacts on surrounding neighborhoods; b. include sounds and exhaust emitted by portable generators in the set-up plan, which can often be substantial; and c. explore requiring event organizers to use more speakers dispersed throughout the event area set at lower levels and placed in a circular pattern facing inward, a tactic that Task Force members noted has been used effectively in another regional city, thereby eliminating the need for large speakers set at high-volumes to cover the entire event area. 2. Implement different sound level limits for each park, depending on proximity of the park to noise-sensitive areas. 3. Limit the duration of amplified sound, specifically: a. The duration in which continuous amplified sound is permitted, which becomes increasingly irritating as it continues unremittingly over many hours; and b. Amplified sound on Sunday evenings, which precedes work and school days, and should therefore be limited to an earlier hour than permitted Friday o'r Saturday nights. Require, rather than "encourage," most, if not all of the provisions detailed in the "Neighborhood Relations" section. a. The provision that event organizers plan a neighborhood detail to pick up litter is of padicular impodance. Fudhermore, event organizers should be given a map that clearly defines the areas they are responsible for cleaning following the event, inside the park and in the surrounding neighborhoods. b. Task Force members noted that requiring the posting and publication of a special phone number for questions and complaints would help alleviate concerns and resolve conflicts before they occur. The Task Force appreciates the opportunity to provide the Recreation and Parks Board with these recommendations, and would like to lend our support to the Board for their decision on the matter. Please note for your Board and the public that the Task Force will hold a public meeting to discuss the Noise Ordinance on December 2nd at 7pm in the Woodburn City Hall Council Chambers, and invite all who are interested to attend. Respectfully, Pete McCallum, Co-Chair Nancy Kirksey, Co-Chair on behalf of the Woodburn Livability Task Force 129 N Angcla Racogrande 330 & Settlernier Ave Woodbum, OR 97071 Incorporated 1889 Linda Sauer 402 Oak St. Woodbum, OR 97071 Kerry Christensen 516 Harrison St Woodburn, OR 97071 Dahlia Lopez 415 Oak St Woodburn, OR 97071 Beth Peterson 423 S Settlemier Woodbum, OR 97071 November 3, 2004 Last September the Recreation and Parks Department allowed an event in Settlemier Park that authorized amplified sound as part of a Special Event Permit the weekend of September 11 & 12, 2004. The amplified sound at that event generated several complaints from the surrounding neighborhood regarding the volume and duration of the sound. While the amplified sound produced at that event did not exceed or violate limits outlined by the permit or within the City's Special Event Policies, the disruptions to surrounding residential neighborhoods is a concern. To minimize the effect that future events could have, the City Council has asked the Recreation and Parks Board to review the City's Special Event Polities and make recotranendations ~g amplified sound. Following the September event, your household expressed concerns tegatfling the sound at the Park. Therefore, you axe invited to attend the next Recreation and P~&.~ Board meeting to express your concerns about amplified sound at authorized events within City ~ The Board meets next to consider flxis issue as follow~ Tue~la~ November 9, 2004 7.'00 p.m., City Council Chamber City Hall At that meeting, the Board will develop a series of eecommen~ that will amend the Amplified Sound section Cites Special Event Policies for pat~ Specific issues the Board ~ discuss include: Develop ~oecific "pre-approved" set-up plans that direct sound a~q from residential · Reduce acceptable park bounda~ dBA limits; · Limit ~he duration of amplified sound; · Restrict the times and days of the when amplified sound is'~l:ttable; ' - 2 - November 5, 2004 · Restrict amplified sound to specific parks or specific parks at specific times and days; and · Combinafons of the above-listed measures. Recreation and Parks Department staff is now preparing a staff report with specific policy changes. That report will be available by noon on Friday, November 5, 2004. Should you have any questions regarding these matters, do not hesitate to call the Recreation and Parks Depa~unent at (503) 982- 5264. Since~dy, D. Randall Westrick Recreation and Parks Director cc: Recreation and Parks Board 131 11F WOODBUR [ January 13, 2005 TO: FROM: Mayor and City Council through City Scott D. Russell, Chief of Police/ Administrator SUBJECT: ClS "Lexipol" Law Enforcement Agency Grant RECOMMENDATION: It is recommended the City Council authorize the City Administrator to accept a grant from City County Insurance Services and execute an agreement with Lexipol for police policy manual services. BACKGROUND: The current Woodburn Police Department policy manual entered service in 1997. Padicular sections of this manual have been revised since issuance, but it has never been fully reviewed or revised. In addition to the policy manual, a separate book of General Orders is also maintained in which department procedures that are subject to change are outlined. The traditional standard has been that policy should be set and rarely changed, whereas procedure can change regularly and should be separately maintained. This has presented some logistical problems however including: inconsistency in policy direction and application between the two documents, complex and intertwined review and renewal processes, and the overall complication of rules and procedures located in two documents for employees who must adhere to and apply them quickly and accurately. Modern thinking in this area holds that a single policy & procedure manual should be maintained that contains both the set policies and the changeable procedures, thus eliminating some of the mentioned issues. Currently the department is in the process of accreditation through the Oregon Accreditation Alliance. Accreditation provides standardized policies and practices across law enforcement agencies to assure, not only proper methods and practices, but also fo reduce liability. The accreditation process will require the review, restructure, and consolidation of the current policy manual and the general order book to meet accreditation standards and then the generation of a series of "proofs" that show the depadment is actually in compliance with the policies and procedures. ~ Agenda Item Review', City Administrata~~:~'' City Attorney ~//.~ Finance,~J//)~ 132 Mayor and City Council January 13, 2005 Page 2 DISCUSSION: Our insurer, ClS, who recognizes the benefits of and is supporting our accreditation pro]ect, has also recognized the challenges associated with accreditation for agencies our size which must do a tremendous amount of high level work to bring policies into compliance. In order to assist us, ClS has developed a grant to pay half of our initial subscription fee to "Lexipol," one of the nation's premier writers of police department policy manuals, in order to provide us with a customized, modern, accreditation ready, set of policies. In order to take advantage of the grant we must agree to pay the other portion of the initiation fee and also agree to subscribe to the L. exipol policy update and training service for one year. This service will provide us with an annual review and renewal for legal and best practice changes to all the policies and procedures and daily training on them for each officer. If after one year we do not see value in either service, we can choose not to renew one or both, but will retain all rights to the new policy manual. Preparing policies and procedures is the most arduous part of the accreditation process and requires review of each policy at the command level. In our case, our best estimate is that this would require technical writing and review by a command level officer on a full-time basis for no less than nine (9) continuous months or part- time for a period of over three (3) years. Lexipol will provide a quality product at a much less time and cost. It will also incorporate Lexipol's best practice experience gained from working with over 200 other law enforcement agencies. ClS tells us they believe both Lexipol and accreditation will reduce agency liability and loss. Accordingly, they intend to track the loss ratios of agencies that have adopted Lexipol policies against those that have not and may adjust insurance rates accordingly in the future. If approved, our customized policy manual would be generated over the next five (5) to six (6) months. FINANCIAL IMPACT: The initiation fee for Lexipol for our agency is $5950.00. The ClS grant will contribute $2975.00, leaving a balance of $2975.00 to be paid by the City in FY 2004-2005. The grant requires the purchase of one year of the Lexipol annual policy update subscription at $2450.00 and the Lexipol annual policy training plan at $2790.00. This would be a total of $5240.00 for the FY 2005-2006 budget. These funds would need to be allotted from the Police Department Budget as pending approval in the current mid-year review and in the upcoming FY 2005-2006 budget. 133 · ~ CO/./ ~CE $ ,d-. Main Office: 1212 Court St. NE, Salem OR 97301 · Phone: 503.763.3800 Fax: 503.763.3900 · ~ Toll Free: 1.800.922.2684 ~a ' Claims: PO Box 1469, Lake Oswego OR 97035 ('/ Phone: 503.763.3875 · Fax: 503.763.3901 Toll Free: 1.800.922.2684 Property, Casualty, Workers' Compensation and Employee Benefit Services December 7, 2004 TO: John Brown, City Administrator City of Woodbum 270 Montgomery St. Woodbum, OR 97071 CC: Police Chief Scott Russell RE: Cl · E A r Dear Mr. Brown, Thank you for your expression of interest in participating as an initial LexJpol grant recipient. Lexipol is CIS' newest flak. management service. Lexipol promises to be an efficient and effective way fOr your law enforcement agency to develop apprOPriate operating policy manuals, update the documents on a regular basis and train officers to those policies. Your agency is invited to be one of 30 agencies in an initial pilot program that will work with Lexipol to develop policies appropriate to a diverse group of agencms based and agency mission You will be e,,,-,,-~..., ........ ' on g raohv, si ,~ · .,e,~-m,a [u evalu=,-- ~...,-.--,- _ eog ,_., Z.. usefulness of the product and training services. Your views will help ClS to determine our future ""~ "'~' uuve~opment process and the involvement with the program. If you wish to accept this Invitation, we ask that you do the following: 1. Provide Cl8 with a letter from your governing body indicating their support for your participation in the program. We need to know that your entity is willing to fund 50% of the development fee shown in the schedule below (determine the amount based on half of the development fee shown for the number of sworn officers in your department). We also need your commitment to fund policy updates and training fees in the agency's FY2005-06 budget proposal (see table below for those amounts). 2. Execute the attached agreement with Lexipol. The agreement describes the products and services Lexipol will provide and the obligations you agree to undertake in order to receive policies that are functionally operable and legally compliant in Oregon, and tailored to your unique circumstances. Policies are written in plain language capable of being understood clearly by officers in the field, public' officials, and the general public whether as interested citizens or jurors. A Membership Service Of ~ 134 To ensure that the policies fit Oregon's legal environment, Lexipol has contracted with Steve Kraemer, a trial attorney with Hoffman Hart & Wagner, who handles many of ClS' police liability cases. Lexipol will also be working through Public 'Safety Liability Management (PSLM), a company led by former McMinn.ville Police Chief, Rod Brown. Rod and his staff will assist grant recipients (and others interested in Lexipol sewices) in the development of accredited policies. The CIS Board of Trustees is pleased to extend this service to resource strapped agencies that want to improve policies, but lack the dollars or manpower to dedicate to the task of developing and updating policies on a continual basis. To find out more about Lexipol's specialized experience in law enforcement policy development and training, you can access their web site at www. lexipol.com As a convenience to members, ClS will handle the billing and collection of Lexipol service fees with its regular member billing cycle. If mid-year funding is a burden for smaller aaencies that__ othe~ qualify for Pilot program participation, ClS may be willing, to consider ~.llowing the agency to defer payment until July 2005 in the new fL~al year. The table below Indicates Lexipol pricing, which is segmented by size of agency, and based'on the number of sworn personnel. (As a grant recipient, we will only bill you for one half of the development fee) Agency Size Policy Development Policy UPdate Training # of Officers One Time Fee Annual Fee Annual Fee 2004-05 budget 2005-06 budget 2005-06 budget 1- 10 $3,450 $1,250 $90 per officer 11- 25 $4,950 $1,950 26- 50 $5,950 $2,450 51- 75 $7~950 $3,250 76'100 $8,950 $3,550 " 101-200 $9~950 $3,950 200+ Negotiated Negotiated We look forward to hearing from you. If you can participate in 'the pilot program, welcome aboard. Send us the confirming letter and a copy of the agreement you submit to Lexipol. If you are unable to proceed at this time, let us know so we can extend the invitation to another CI0 Executive Director Enclosures Subscription Agreement Agency Adoption Agreement CIS Member Fees 135 Lexipol Lexipol LLC 27281 Las Ramblas #200 Mission Viejo, CA 92691 949-218-9070 SUBSCRIPTION AGREEMENT This agreement is made this LLC (Lexipol) and day of ,2004 by Lexipol .(Agency). Lexipoi' agrees 'to assist the Agency in development of a. customized Law Enforcement Policy 'Manual using Lexipol's proprietary Law Enforcement Knowledge System. Lexipol further agrees to provide annual Policy Updates and their Daily Training Bulletin service. The Agency agrees to devote appropriate' resources to complete the Policy development process, respond timely to questions & tasks from the development team and to sign a Policy Adoption & Copyright Agreement upon publication of the initial manual. The Agency further agrees to be a subscriber of the Policy Update service and the Daily Training Bulletins for at least one annual renewal cycle after initial development. Annual Subscription fees are based on size of agency by number of sworn officers and are determined by the attached schedule. Agency Lexipol LLC Authorized signer Dan Merkle, CEO Date Date 136 Lexipol Lexipol LLC 27281 Las Ramblas #200 Mission Viejo, CA 92691 949-218-9070 SAMPLE SAMPLE SAMPLE SAMPLE NOTE: This is a SAMPLE of the Agreement to be signed upon publication of the policy manual (per the Subscription Agreement). DO NOT SIGN AT THIS TIME. POLICY ADOPTION & COPYRIGHT AGREEMENT The ANYTOWN DEPARTMENT hereby agrees and certifies that any and all policies developed and provided by LEXIPOL LLC and its agents, employees and representatives have been individually reviewed, customized and adopted for the exclusive use of the ANYTOWN -DEPARTMENT. It is further acknowledged and agreed that LEXIPOL LLC and its agents, employees and representatives shall not be considered "policy makers" in any legal or other sense and that, upon acceptance of the policy manual and execution of this Agreement, the chief executive of the ANYTOWN DEPARTMENT shall for all purposes be considered tl~e ~poi~cy maker" witi3 regard to each and every policy contained in said manual The ANYTOWN DEPARTMENT further acknowledges that any policies which have affected terms and conditions of employment have been subject to good faith meet and confer requirements with all affected bargaining units. The ANYTOWN DEPARTMENT understands that LEXIPOL LLC and its agents, employees and representatives have developed all policies with the assistance of an authorized member of this agency and in a good faith effort to comply with all applicable statutes, case law and industry standards in effect at the time such policies were approved and adopted by said agency. The ANYTOWN DEPARTMENT acknowledges that LEXiPOL LLC. shall not be responsible for updating these policies to adhere to subsequent changes in the law or other conditions and that such changes and updates will only be provided by LEXIPOL LLC as a part of a separate annual subscription. While LEXIPOL LLC has made a good faith effort to develop all policies and training in accordance with existing law and standards, the ANYTOWN DEPARTMENT acknowledges that neither LEXIPOL LLC nor any of its agents, attomeys, employees or representatives are obligated to provide legal representation, defense or indemnification for any litigation in which said policies are subject to challenge. The ANYTOWN DEPARTMENT expressly acknowledges and agrees that each and every policy provided by LEXIPOL LLC its agents, employees and representatives including, but not limited to all updates, revisions, the entire Policy Manual and Daily Training Bulletins purchased from LEXIPOL LLC were expressly created for the exclusive use of the ANYTOWN DEPARTMENT. The ANYTOWN DEPARTMENT further agrees that all policy, update, revision or Daily Training Bulletins originally provided by LEXIPOL LLC are protected under copyright agreements and may not be sold. Nothing in this Statement is intended to prohibit or restdct the ANYTOWN DEPARTMENT from access and reproduction for department use and providing any policies contained within the Policy Manual pursuant to and authorized by a request under the Public Records Act, pursuant to Court order or any other lawful process. Dated: By: Title: 137 Lexipol Lexipol LLC 27281 Las Ramblas #200 Mission Viejo, CA 92691 949-218-9070 Oregon CIS Member Fees December 2004 Agency Size Policy Development Policy Update Training # of Officers One Time Fee Annual Fee Annual Fee 1- 10 $3,450 $1,250 $90 per officer 11- 25 $4,950 $1,950 26- 50 $5,950 $2,450 51- 75 $7,950 $3,250 76-100 $8,950 $3,550 101-200 $9,950 $3,950 200+ Negotiated Negotiated 138 State & Federal Laws Relating to Bicycling & Walking Page 1 of 5 / 2. STATE & FEDERAL LAWS RELATING TO BICYCLE AND PEDESTRIAN FACILITIES Table of Contents Short cut to: 1953 1971 1973: 1974: 1980: 1991: : ORS 366.460: Construction of Sidewalks Within Highway Right of Way :ORS 366.514: Use of Highway Fund for Footpaths & Bicycle Trails ORS 366.112: The Oregon Bicycle Advisory Committee Statewide Planning Goals Article IX, Section 3A of the Oregon Constitution OAR 660-12: The Transportation Planning Rule 1991: Oregon Benchmarks 1991: Intermodal Surface Transportation Efficiency Act (ISTEA) 1992 The Americans With Disabilities Act {ADA) 1992: Oregon Transportation Plan (OTP) 1953: ORS 366.460: Construction of sidewalks within highway right of way back to top This statute allows ODOT to construct sidewalks, bicycle paths and equestrian trails within highway right-of-way, provided the Department finds that such facilities will contribute to the safety of pedestrians, the motoring public or persons using the highway. By adoption of this plan, the Department of Transportation finds that sidewalks are necessary to contribute to pedestrian safety in urban and urbanized areas. 1971: ORS 366.514: Use of highway fund for footpaths and bicycle trails back to top Often referred to as the "Oregon Bike Bill," this law applies equally to bicycle and pedestrian facilities. The law, the first of its type in the nation, requires the development of bikeways and walkways. The intent was to ensure that future roads be built to accommodate bicycle and pedestrian travel, where warranted. It also enables road funds to be used for constructing bikeways and walkways along existing roads. The main provisions of this statute are: 1. It requires ODOT and the cities and counties of Oregon to expend reasonable amounts of the highway fund to provide bikeways and walkways. http://www, odot. state, or. us/techserv/bikewalk/pl animag/laws, htm 1/24/2005 State & Federal Laws Relating to Bicycling & Walking Page 2 of 5 2. It requires the inclusion of bikeways and walkways whenever highways, roads and streets are constructed, reconstructed or relocated, with three exemptions (where there is no need or probable use, where safety would be jeopardized, or where the cost is excessively disproportionate to the need or probable use). ORS 366.514 drives most of ODOT's bicycle and pedestrian activities. Some of the provisions of this bill have been misunderstood or misapplied, particularly the provision to expend a minimum of one percent of the highway fund on bicycle and pedestrian facilities. See Appendix C for ODOT's interpretation of ORS 366.514. 1973: ORS 366.112: The Oregon Bicycle Advisory Committee back to top This eight-member committee, appointed by the governor, acts as a liaison between the public and ODOT. In 1995, the Transportation Commission officially recognized their role in pedestrian issues; the committee became the Oregon Bicycle and Pedestrian Advisory Committee. They advise ODOT in the regulation of bicycle and pedestrian traffic and the establishment of bikeways and walkways. Members serve four years and hold meetings quarterly. Members include: An employee of a unit of local government employed in land-use planning; A representative of a recognized environ-mental group; A person engaged in the business of selling or repairing bicycles; A member designated by the Oregon Recreation Trails Advisory Council; At least one member under the age of 21 at the time of appointment; and Three members at large. 1974: Statewide Planning Goals back to top Senate Bill 100 created the Land Conservation and Development Commission (LCDC), which established 19 statewide planning goals aimed at preserving the natural resources, farmland and livability of the state. Goal 12 pertains to transportation and land use; it guides many of ODOT's current programs. GOAL 12: To provide and encourage a safe, convenient attd economic transportation system: "A transportation plan shall (1) consider all modes of transportation including mass transit, a#', water, pipeline, rail, highway., bic. vcle and pedestrian; (2) be based upon an inventory of local, regional and state transportation needs; (3) consider the differences in social consequences that wouM result.l~'om utilizing differ#tg combinations of transportation modes; (4) avoid principal reliance upon an5' one mode of transportation; (5) minimize adverse social, economic and environme.tal impacts and costs; (6) conserve energy; (7) meet the needs of the transportation disadvantaged by intproving transportation services; (8)facilitate the flow of goods and services so as to strengthen the local and regional economy; (9) conform with local and regional comprehensive land use plans. Each plan shah inchtde a provision.for transportation as a key facility." 1980: Article IX, Section 3A of the Oregon Constitution back to top http ://www. odot. state.or.us/techserv/bikewalk/planimag/laws.htm 1/24/2005 State & Federal Laws Relating to Bicycling & Walking Page 3 of 5 Through this constitutional amendment, the voters of Oregon limited expenditures of the state highway fund for use on streets, roads and highways only. The major effect this had on bicycle and pedestrian facilities was that highway funds could no longer be used for constructing paths in parks and other recreational areas, rails-to-trails conversions or education and promotion programs. 1991: OAR 660-12: The Transportation Planning Rule back to top The Land Conservation and Development Commission adopted OAR 660-12, the Transportation Planning Rule, to implement Goal 12 of the Statewide Planning Goals. It was drafted in cooperation with ODOT. In essence, the rule requires ODOT and the cities and counties of Oregon to cooperate and to develop balanced transportation systems. Two important aspects of this rule are: · It ties land use to transportation: and · It mandates that transportation planning reduce reliance on any one mode of transportation. The link between land use and bicycling and walking is paramount. Most walking and bicycle trips are short. Long distances between destinations are deterrents to walking and bicycling, as are destination points designed for access only by automobile. Land use patterns created with automobiles as the intended mode facilitate their use, perpetuating transportation patterns that discourage walking and bicycling. The Transportation Planning Rule addresses these issues through land use regulations and the provision of transit and bicycle and pedestrian facilities. Elements that Pertain to Bicycling and Walking The Rule requires local Transportation System Plans to include a Bicycle/Pedestrian component, establishing a network of biking and walking facilities throughout the planning area (660-12-020(2)(d)). Some of the key requirements relating to bicycling and walking are in 660-12-045 (3): Local governments shah adopt land use or subdivision regulations for urban areas and rural communities as set forth below. The purposes of this section are to provide for safe and convenient pedestrian, bicycle and vehicular circulation consistent with access management standards and the fitnctio, of affected streets, to ensure that new development provides' on-site streets and accessways that provide reasonably d#'ect routes for pedestrian and bicycle travel in areas where pedestrian and bicycle travel is likely if com~ections are provided, and which ca,oids wherever possible levels of automobile traffic which might interfere with or discourage pedestrian or bicycle travel. (a) Bicycle parking facilities as part of nen,, residential developments' of four units or more, new retail, office and institutional developments and all transit transfer stations and park and ride lots. (b) On-site facilities shall be provided which accommodate safe and convenient pedestrian http://www, odot. state, or. u s/techserv/bikewalk/planimag/laws, htm 1/24/2005 State & Federal Laws Relating to Bicycling & Walking Page 4 of 5 and bicycle access from within new subdivisions, multi-family developments, shopping centers and commercial districts to adjacent residential areas and transit stops, and to neighborhood activity centers within one half-mile of the development. Single family residential developments shall generally inchtde streets and acces,sways. Pedestrian circulation through parking lots shouM generally be provided in the form of accessways. (A) "Neighborhood activiO, centers" inchtdes, but is not limited to, existing or planned schools, parks, shopping areas, transit stops or employment centers. (B) Bikeways shah be required along arterials and major collectors. Sidewalks shah be required aJong arterials, collectors attd most local streets in urban areas, except that sidewalks are not required along controlled access roaaheays, such as jS'eeways. Detailed discussions of these requirements can be found in the design section of this plan, including bicycle parking requirements and a model for developing local Transportation System Plans. Relationship between the Transportation Planning Rule and ORS 366.514 Subsection 660-12-020 (2)(D)(d) of the Rule refers to the requirements of ORS 366.514 when it addresses bicycle and pedestrian facilities; ORS 366.514 requires ODOT to recommend construction standards. One of the purposes of this plan is to specify the appropriate types of bikeways and walkways that will fulfill the requirements of the Transportation Planning Rule. For example, bike lanes are the appropriate type of bikeway for arterials and major collectors; refer to the design section of this plan for more details. 1991: Oregon Benchmarks back to top Senate Bill 636 requires the State to establish benchmarks to measure progress in critical areas. The Oregon Progress Board was created to track these measures. Benchmarks are adopted as a tool for stating concrete objectives, setting program and budget priorities, and measuring performance. Transportation issues are listed under Benchmarks for Quality of Life. The 1994 benchmark that applies directly to this plan is: 138b. Percentage of streets in re'ban areas that have adequate pedestrian and bicycle facilities. Benchmarks that apply indirectly to this plan are: 128. Percentage of new development where occupants are within one-hal, fa mile of a mix of stores and service& transit, parks and open spaces. 129. Percentage of existing development where occupants are within one-ha~a mile ora mix of stores and services, transit, parks and open spaces. 139. Percentage of Oregonians who commute to and from work durmgpeak hours by means http://www, odot.state.or.us/techserv/bikewalk/planimag/laws.htm 1/24/2005 State & Federal Laws Relating to Bicycling & Walking Page 5 of 5 other than a single-occupanc~v vehicle. 140. Vehicle miles traveledper capita in Oregon metropolitan areas (per year). 1991: Intermodal Surface Transportation Efficiency Act (ISTEA) back to top The importance of integrating all modes of transportation is demonstrated by the following excerpt: It is the policy of the United States to develop a National b~termodal Transportation System that is economically efficient and environmentally sound, provides the foundation for the Nation to compete in the global economy, and will move people and goods in an energy efficient manner. ISTEA recognizes the transportation value of bicycling and walking, and offers opportunities to increase consideration of bicyclists' and pedestrians' needs within the National Intermodal Transportation System. 1992: The Americans With Disabilities Act (ADA) back to top The ADA is a civil rights bill that affects both the private and public sector, which must provide accessible routes for all individuals. Exterior accessible routes include parking access aisles, curb ramps, crosswalks at vehicular ways, walkways, ramps and lifts. ODOT considers its walkways as accessible routes and is dedicated to upgrading them to ADA standards. The design chapters of this plan contain information to guide agencies in meeting these requirements. 1992: Oregon Transportation Plan (OTP) back to top The OTP directs ODOT and the cities and counties to integrate all modes of transportation and encourages use of the mode that is the most appropriate for each type of travel. The people of Oregon who participated in the process emphasized that all modes of transportation should be accommodated and that over-reliance on the use of the automobile should be reduced. See Appendix D for the OTP Goals, Policies and Actions related to bicycling and walking. http ://www. od ot. state, or. u s/tech s erv/bi kewalk/pl ani m ag/l aws. htm 1/24/2005 michael, p. ronkin,'d:odot, state, or. us. http://x~'xv.odot.state.or.us/techserv/bikewalk/plammag/Illa.htm Bike Lane -- A portion of the roadway designated for preferential use by bicyclists. Bike lanes are appropriate on urban medals and major collectors. They may be appropriate in rural areas where bicycle travel and demand is substantial. Bike lanes must always be well marked to call attention to their preferential use by bicyclists. http:llww~v, odot. state.or.us/techserv/bikewalk/plammag/laws.htm#366.514 1971: ORS 366.514: Use of highway fund for footpaths and bicycle trails back to top Often referred to as the "Oregon Bike Bill," this law applies equally to bicycle and pedestrian facilities. The law, the first of its type in the nation, requires the development of bikeways and walkways. The intent was to ensure that future roads be built to accommodate bicycle and pedestrian travel, where warranted. It also enables road funds to be used for constructing bikeways and walkways along existing roads. The main provisions of this statute are: 1. It requires ODOT and the cities and counties of Oregon to expend reasonable amounts of the highway fund to provide bikeways and walkways. 2. It requires the inclusion of bikeways and walkways whenever highways, roads and streets are constructed, reconstructed or relocated, with three exemptions (where there is no need or probable use, where safety would be jeopardized, or where the cost is excessively disproportionate to the need or probable use). ORS 366.514 drives most of ODOT's bicycle and pedestrian activities. Some of the provisions of this bill have been misunderstood or misapplied, particularly the provision to expend a minimum of one percent of the highway fund on bicycle and pedestrian facilities. See Appendix C for ODOT's interpretation of ORS 366.514. (B) Bikeways shall be required along arterials and major collectors. Sidewalks shall be required along arterials, collectors and most local streets in urban areas, except that sidewalks are not required along controlled access roadways, such as freeways (8) "Major" means, in general, those facilities or developments which, considering the size of the urban or rural area and the range of size, capacity or service level of similar facilities or developments in the area, are either larger than average, serve more than neighborhood needs or have significant land use or traffic impacts on more than the immediate neighborhood: