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Agenda - 04/11/2005
CITY OF WOODBURN CITY COUNCIL AGENDA APRIL 11, 2005- 7:00 P.M. KATHRYN FIGLEY, MAYOR WALTER NICHOLS, COUNCILOR WARD 1 RICHARD BJELLAND, COUNCILOR WARD II PETER MCCALLUM, COUNCILOR WARD III JAMES Cox, COUNCILOR WARD IV FRANK LONERGAN, COUNCILOR WARD V ELIDA SIFUENTEZ, COUNCILOR WARD VJ CITY HALL COUNCIL CHAMBERS - 270 MONTGOMERY STREET 1. CALL TO ORDER AND FLAG SALUTE e e ROLL CALL ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. The Recreation and Parks Board will be holding an open house for the Legion Park Master Plan on April 12, 2005 at 6:00 p.m. in the Council Chambers. Bo Friends of the Library book sale will be held April 22 and 23, from 10:00 a.m. - 4:00 p.m. at the Woodburn Public Library. C. A public hearing to consider the vacation of Sixth Street will be held on April 25, 2005. Do Council Deliberation on Legislative Amendment 05-01 Woodburn 2005 Comprehensive Plan Update (related to Periodic Review) will commence on April 25, 2005. Appointments: E. Budget Committee - Position III PROCLAMATIONS/PRESENTATIONS Proclamations: A. National Library Week 2005 B. Month of the Young Child - April 2005 C. Volunteer Week- April 17- April 23, 2005 3 $ 7 "H~r~ int~rpretes ~ispo.ib[es para aq.~l[as personas q.e .o ~a~lan Ingl~s~ previo acwerbo. Com~niq~ese a[ (5o3) 98o-~485." April 11, 2005 Council Agenda Page i e e e Be Presentations: D. Water Treatment Project Update- Randy Rohman COMMITi'EE REPORTS A. Chamber of Commerce B. Woodburn Downtown Association C. Woodburn School District COMMUNICATIONS None. 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 ma)/be removed for discussion at the request of a Council member. A. Woodburn City Council minutes of March 28, 2005 Recommended Action: Approve the minutes. B. Building Activity for March 2005 Recommended Action: Receive the report. C. Planning Tracking Sheet dated April 4, 2005 Recommended Action: Receive the report. D. Removal of Tree on Boones Ferry Road Recommended Action: Receive the report. TABLED BUSINESS 9 31 33 37 None. April 11, 2005 Council Agenda Page ii 10. PUBLIC HEARINGS 11. Clarification and Reevaluation of Allocation of Costs for Arney Road Reimbursement District Improvement Recommended Action: Accept and approve this report regarding clarification and the reevaluation of the cost allocation for the Arney Road Reimbursement District. Specifically, this repod finds that: (1) There is only one Arney Road in the city of Woodburn and any reference to "Old Arney Road" means ArneY Road itself; and (2) That the improvement cost and its allocation, previously approved 5y the City Council after the examination of my initial report and public input process, remains correct and should be left unchanged. 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 t~ecorder prior to commencing this port/an of the Council's agenda. Comment time ma)/be limited by Mayoral prerogative. ke Council Bill 2551 (Council Bill number out of sequence due to continuation of this resolution from the January 10, 2005 City Council meeting) - Resolution setting the amount of the Parks and Recreation Systems Development Charge, Alternative Rate Review fee, Alternative Payment Request fee Imposed by Ordinance 2250; and establishing an effective date for imposition of the fees Recommended Action: Adopt the resolution. Be Council Bill 2568 - Resolution entering into an Intergovernmental agreement with Marion County through its Juvenile Department for the administration of a state gang reduction grant and authorizing the City Administrator to sign said agreement. Recommended Action: Adopt the resolution. Resolution of Conflict Through Water Operator Position Upgrade Recommended Action: Authorize the hiring of a Water Operator II, as listed in approved pay schedule, instead of a Water Operator I approved in the 2004-2005 budget and direct staff to determine in accordance with bargaining agreement a salary range for a Water Operator I position, 39 45 51 59 April 11, 2005 Council Agenda Page iii 12. 13. 14. 15. 16. 17. De Sponsorship of a CDBG Grant Application for the Marion County Housing Authority Recommended Action: Agree to sponsor an application for a Community Development Block grant on behalf of the Marion County Housing Authority. 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 Ac 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 61 April 11, 2005 Council Agenda Page iv WOODBUAN April 8, 2005 TO: City Council FROM: Kathy Figley, Mayor SUBJECT: Commiffee Appointments The following committee appointment is made, subject to the approval of the Council. Please forward any adverse comments to me prior to the Council meeting on Monday, April 11, 2005. No reply is required if you approve of my decision. BUDGET COMMITTEE Position III- Alma Grijalva- term ends 12/31/05 1 of 66 THIS PAGE WAS INTENTIONALLY LEFT,BLANK 2 of 66 National Library Week 2005 Proclamation 4A WHEREAS, our nation's public, academic, school and specialized libraries provide something for everyone; and WHEREAS, libraries play a vital role in providing millions of people with the resources they need to live, learn and work in the 21 st century; and WHEREAS, libraries are changing and dynamic places and librarians are the ultimate search engine, helping people o~ ail ages find the information they need in print and online; and WHEKFa~, libraries are part of the American Dream - places for opportunity, education, self- help and lifelong learning; and WHEREAS, libraries bring you a world of knowledge both in person and online, as well as personal service and assistance in finding what you need, when you need it; and WHEREAS, libraries are a key player in the national discourse on intellectual freedom, equity of access, and narrowing the "digital divide;" and WHEREAS, more individuals must be recruited to the profession of librarianship and to work in libraries to maintain their vitality in today's changing workplace; and WHEREAS, awareness and support must be increased for libraries, librarians and library workers by raising their visibility in a positive context and by communicating clearly and strongly why libraries are both unique and valuable; and WHEREAS, library users and non-users alike are encouraged to stand up and speak out for libraries and to support library-funding efforts; and WHEREAS, libraries, librarians, library workers and supporters across America are celebrating National Library Week with The Campaign for America's Libraries. NOW, THEREFORE, be it resolved that I, Kathryn Figley, Mayor of the City of Woodburn, proclaim National Library Week, April 10-16, 2005. I encourage all residents to take advantage of the wonderful library resources available and thank their librarians and library workers for making information accessible to all who walk through the library's doors. Come see why there's SOMETHING FOR EVERYONE @ YOUR LlltRAKY. IN WITNESS WHEREOF, I hereunto set my hand ~affix~~is 6th day of Apd~l.2005. and caused the seal of the City of 3 of 66 THIS PAGE WAS INTENTIONALLY LEFT BLANK 4 of 66 PROC TION APRIL IS THE MONTH OF THE YOUNG CHII.D 4B WHEREAS, the Marion County Commission for Children and Families, the Polk County Commission for Children and Families and the Marion-Polk Association for the Education of Young Children, in conjunction with the National Association for the Education of Young Children, are celebrating the Month of the Young Child, April 2005; and WHEREAS, all children are born ready to learn, and we as a community have a unique opportunity to foster this asset; and WHEREAS, many of our young children and their families need assistance to foster this asset; and WHEREAS, many of our young children and their families need assistance in assuring that they are ready to learn when entering school; and WHERF~S, by calling attention to the need for Ready to Learn experiences for all young children and families within our community, these groups hope to improve the quality and availability of such experiences; and WHEREAS, the future of our community depends on the quality of the early childhood Ready to Learn experiences provided to young children today; and WHEREAS, high-quality early childhood Ready to Learn experiences represent a worthy commitment to our children's future; NOW THEREFORE, I, Kathryn Figley, Mayor of the City of Woodburn, do hereby proclaim April 2005 as The Month of the Young Ghild in the City of Woodbum, and urge ali citizens to recognize and support the needs of young children in our community. IN WITNESS WHEREOF, I hereunto set my hand and caused the seal .of the~y__~ of Wood~__ to be affixed this 6~h day of April 2005. City of Wood~rn THIS PAGE WAS INTENTIONALLY LEFT BLANK 6 of 66 4C PROCLAMATION VOLUNTEER WEEK- APRIL 17- APRIL 23, 2005 ~, Woodburn volunteers have undertaken many responsibilities that promote the general welfare of the City of Woodburn and make a difference in the lives of its residents; and WHEREAS, in providing these services, volunteers have demonstrated a spirit of personal concern and wholehearted willingness to help others; and WHF. RF. AS, volunteers reflect the commitment of neighbors helping neighbors in the finest sense of that tradition; and WI-IE~, these volunteers ask nothing more than the satisfaction of a job well done; and these individuals are most deserving of appreciation and thanks; and WHEREAS, the City Council, in gratitude for the dedicated service rendered by members of this community wishes to recognize all those who have given their time, energy and talents to help others. NOW, THEREFORE, I, KATHRYN FIGIZY, Mayor of the City of Woodbum, do hereby proclaim the week of April 17 through April 23, 2005 to be VOL UNT,~.R ~ in the City of Woodburn and encourage government, business, and residents to honor this observance with appropriate programs, ceremonies, and activities. IN wJ'rNESS W~REOF, I have hereunto set my hand and caused the seal of the City of:~/o/o~be a] 5xed this 6th day of April 2005. 7 of 66 THIS PAGE WAS INTENTIONALLY LEFT BLANK 8 of 66 TAPE COUNCIL MEETING MINUTES MARCH 28, 2005 0001 DATE, COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MARCH 28, 2005. 0025 CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. ROLL CALL, Mayor Figley Present Councilor Bjelland Present Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Staff Present: City Administrator Brown, City Attorney Shields, Community Development Director Mulder, Public Works Director Tiwari, Public Works Manager Rohman, Police Chief Russell, Finance Director Gillespie, Senior Planner Zwerdling, Community Relations Officer Meza, Recorder Tennant Consultant: Greg Winterowd - Winterbrook Planning 00:5 - ANNOUNCEMENTS. A) Spring Concert series - Woodburn Public Library will host Ricardo Cardenas, a Chilean guitarist, on April 10, 2005, 2:00 p.m., at Woodburn City Hall. 0070 PROCLAMATION; WQODBURN'S TULIP FESTIVAL - MARCH 19, 2002 THROUGH APRIl. 20, 2005. Mayor Figley proclaimed March 19, 2005 through April 20, 2005 as Woodbum Tulip Festival Month and encouraged the public to participate and support this annual event promoting Woodburn and the horticultural industry. 0160 CONSENT AGENDA~ A) approve the City Council minutes of March 14, 2005; B) accept the Library Board minutes of March 9, 2005; C) accept the Planning Commission minutes of March 10, 2005; D) receive the claims report for February 2005; and E) receive the Aquatic Center Revenue Comparison report. MCCALLUM/NICHOLS... adopt the Consent Agenda as presented. The motion passed unanimously. 8A Page 1 - Council Meeting Minutes, March 28, 2005 9 of 66 TAPE READIN~G COUNCIL MEETING MINUTES MARCH 28, 2005 0237 PUBLIC HEARING: LEGISLATIVE AMENDMENT 05-011 WOODBURN 2003 COMPREHENSIVE PLAN UPDATE. Mayor Figley informed the public that this was a legislative hearing and, as such, is not subject to the same formal procedures that would normally be followed in a land use hearing. She reviewed the following ground rules that would be followed for this hearing: (1) individuals giving testimony on behalf of an organization or agency will be given 10 minutes, and (2) individuals or an attorney representing individuals giving testimony will be given 3 minutes to present their comments on the proposed legislative amendment. Dependent upon issues raised, the Council may elect to close the hearing for oral testimony once all of the individuals who have requested an opportunity to speak have made their presentation, however, the record will remain open for written comments until April 20, 2005. Council deliberations will take place at their April 25, 2005 regular meeting. Mayor Figley declared the public hearing open at 7:10 p.m. on the following subjects: Legislative Periodic Review Amendments including Woodburn Comprehensive Plan Map, Urban Growth Boundary (UGB) expansion and text amendments, Woodbum Public Facilities Plan, Woodbum Transportation System Plan amendments, and Woodburn Development Code text and map amendments. She also stated that she tries to adhere to land use standards as far as contact with individuals about specific individuals. She feels that it is important that decisions made in conjunction with what is heard at this hearing be made as openly as possible. She has spoken briefly to some individuals who have had concerns about one or more issues but she has asked them to either attend this hearing to talk about their concerns or to write a letter. 0558 Community Development Director Mulder stated that the Council agenda packet materials include all of the testimony received after the Planning Commission's record was closed and up to March 17, 2005. The City Recorder has received some written testimony just prior to this meeting and he would presume that additional written testimony will be received during the hearing for entering into the record. He proceeded to give the staff presentation on Legislative Amendment 05-01. He stated that this proposal was initiated by the Council to amend the UGB, Comprehensive Plan text and map, Development Ordinance, and zoning map. Additionally, the amendments are proposed to complete the City's Periodic Review Work Program. The City has been working on periodic review since 1997 and the program includes the completion of I 1 periodic review work tasks. The tasks include: Buildable Lands Inventory; Growth Management Ordinance; Commercial and Industrial Lands Inventory; update Public Facilities Plan; revise Transportation System Plan (TSP); Wetlands Inventory and Natural Resources Study; Recreation Parks and Open Spaces Plan; Historic District and Downtown Plan; address changes in Goals and Objectives; update Comprehensive Plan, Zoning Ordinance, and other related Ordinances; planning coordination with Marion County and other agencies; providing opportunity for Citizen Involvement; and Collating, Printing, and Mapping related issues. The Recreation, Parks and Open Spaces Plan, and the Historic District and Downtown Plan have been completed and Page 2 - Council Meeting Minutes, March 28, 2005 10 of 66 COUNCIL MEETING MINUTES MARCH 28, 2005 TAPE READING acknowledged by the Oregon State Land Conservation and Development Commission (LCDC). Of the remaining tasks, all have been completed except for Planning Coordination, Citizen Involvement, and Collating/Printing/Mapping. Staff is working with Marion County on a new urban growth boundary management agreement, and a citizen involvement report will be submitted to LCDC once the Council adopts proposed amendments. The collating/printing/mapping will take place after the Council adopts an ordinance approving amendments. It was noted that state statute requires the City to provide for a 20-year builclable land supply and, as a result, it is proposed that the City's urban growth boundary be expanded. He reviewed the public involvement process which has taken place up to this date and noted for the record that all property owners within the City, the current urban growth boundary, and the study area for proposed urban growth boundary expansion received a hearing notice announcing the dates of the hearings before the Planning Commission and City Council. The Planning Commission held a public hearing on the proposed amendments on February 3, 2005 and left the record open for additional written testimony for 7 days. On March 10, 2005 the Commission approved a final order recommending the proposed amendments with the following modifications: 1) Woodburn School District 19-acre site located on E. Lincoln Road be included in the UGB expansion area, and 2) no change be made to the existing zoning for those areas bounded by Second Street and Fourth Streets, and Oak and West Lincoln Streets. He briefly reviewed the following amendments: 1) update of the Comprehensive Plan text on significant new and amended goals and policies, 2) Development Ordinance amendments on significant new and amended regulations; 3) Comprehensive Plan Map amendments to apply land use designations; 4) Zoning Map Amendments to apply the Nodal Single Family Residential (RS) and Nodal Multi-Family Residential (RMN) overlay districts, the Southwest Industrial Reserve Overlay, and Interchange Management Area Overlay; and 5) Urban Growth Boundary Amendment to provide for a 20-year buildable land supply and for 20-year projected economic growth. Councilor Cox stated that it was his understanding that the City had recently received a letter from LCDC and from Marion County stating their positions on where the City is as of this date. He requested staffto provide a brief summary as to whether or not the City will need to make more changes or perform a lot more work on the proposal in order to justify what the City is proposing. Director Mulder stated that he is not in a position to respond in great detail since staff just received the letters last week. He, along with Greg Winterowd, have reviewed the letters and will be discussing the issues presented in more detail later this week to determine the City's course of action in responding to the letters. For the most part, he felt that the comments made in the letters were very favorable but there will most likely be some additional work. 1600 Greg Winterowd, Winterbrook Planning, reviewed the local objectives that has driven this process over the last three years. Those objectives included 1) implementation of the Economic Opportunities Analysis, 2) provide choice among suitable industrial sites, 3) provide buildable land for housing, parks, and schools, 4) increase land use efficiency Page 3 - Council Meeting Minutes, March 28, 2005 11 of 66 TAPE COUNCIL MEETING MINUTES MARCH 28, 2005 Page 4 within the urban growth boundary for the purpose of preserving farmland as much as possible, 5) complete the Periodic Review Process, 6) coordinate with the County Framework Plan, 7) provide adequate transportation connections including I-5 interchange improvements, 8) minimize the impacts on agricultural land, and 9) protect Woodbum's stream corridors and wetlands. The population projection for 2020 has been established at 34,919 which is a 75% growth increase using the City's 2000 population figure of 20,100. This comparison of capacity of the existing UGB to accommodate employment and population with anticipated population and employment growth resulted in a huge disparity even with more careful looks at buildable lands, redevelopment, and increasing densities within the UGB. In determining land inventory, stafftook out only those places where there are buildings. The rest of the industrial and commercial land were considered part of the buildable land inventory which was one way to increase intensity of land use within the existing UGB. To make sure that the industrial land needs were correct, EeoNorthwest was asked to prepare a memorandum identifying the types of sites needed in Woodbum to attract the targeted industries in the Economic Opportunities Analysis that was previously approved by the Council. In regards to commercial needs, a conservative approach was taken for the reasons that 1) there is a large supply of commercial land that is either developed or not developed intensely therby encouraging redevelopment infill, and 2) the freeway interchange system cannot take a lot of commercial traffic at this time. The only new commercial land proposed are two Nodal developments one of which is a 12-acre parcel and a 2-acre parcel plus some exception areas at the edge of the UGB which were already zoned commercial. State- wide planning goals require that before UGB expansion includes farmland the City must look at ways to use land inside the urban growth boundary more intensively which is one reason why the Planning Commission has proposed that density on buildable land for dwelling units be increased to about 10.4 dwelling units per net acre. The goals also require consideration of alternatives by identifying the characteristics of land outside the current UGB, analyze those areas, show that the best farmland has been preserved, show that services can be efficiently provided, and the land the City says they need will be protected for what they say they need it for. He stated that the City currently has 126 buildable acres of industrial land located within 36 parcels with an average lot size of 3.5 acres and the majority of land is located along Highway 99E. However, I-5 is what gives Woodbum its comparative advantage since it gives direct access to an I-5 interchange. The proposal is to include approximately 400 acres of land in large parcels in an area being identified as a Southwest Industrial Reserve. The parcel sizes, locations, and characteristics identified by EcoNorthwest have been matched with land that has freeway access, is fiat, can be served readily with public facility services, and motorists can get to the interchange without using Highway 214 on the east side of I-5. He stated that there will be testimony received stating that the City does not need 400 acres of industrial land to meet the City's economic development needs. He stated that in developing the proposed plan, economic needs were not projected on employees per acre rather it was based on what kind of industries does the City expect to get into the community using a - Council Meeting Minutes, March 28, 2005 12 of 66 TAPE READING COUNCIL MEETING MINUTES MARCH 28, 2005 Page 5 comparative advantage of I-5 and what kind of parcels does those type of firms demand. The City has received a letter from the Department of Land Conservation Division (DLCD) that says that the City has developed their proposal based on Goal 9 requirements. He reiterated that, if this plan is adopted, the City will be required to hold the large industrial sites and encourage developers to use other industrial land when they are not in need of a large parcel. Another recommendation is to prohibit commercial re- zoning within the industrial reserve area. He stated that a critical transportation issue is to link Highway 99E by a southern arterial to Butteville Road then to Highway 214/219 and I-5 on the west side. Developers will be responsible for making improvements as property is developed. Additionally, master planning will be required before annexation is allowed that will show how policies will be met within the southwest industrial reserve. In regards to utilizing land within the current UGB more efficiently, the following measures are available to the City: 1) higher density for residential units; 2) Multi-family mix of 65 single family units to 35 multi-family units; 3) increase nodal development densities by adopting new overlay zones; 4) increase the density in exception areas adjacent to the UGB; 5) master planning for the southwest industrial reserve and nodal areas; 6) allow housing units over retail businesses in the downtown and nodal areas; 7) adopt minimum density standards; 8) and plan for the development of infill, partially vacant, and potential redevelopment of land. Components of Nodal Development policies include a neighborhood commercial center, surrounded by higher density residental area, small lot single-family option supported by an integrated park system and multi-modal and connected transportation system, a master plan, and design standards. He stated that the Planning Commission was adamant that strong design standards before moving ahead with the nodal development concept. He reviewed the factors that were considered for the purpose of determining where the City should grow. Those factors included (1) the ability to meet special needs (industrial land) and general and livability needs (residential, commercial, parks, and schools); (2) Goal 14 and ORS 197.298 priorities that would look first at rural residential exception areas, then to lower quality (Class III and IV) agricultural land, then to higher quality (Class I and II) agricultural soils; (3) transportation limitations in the I-5 interchange area; (4) relative efficiency of service; and (5) environmental impacts. He stated that 75% to 80% of the land around Woodburn has Class I and II soils. The southwest area has slightly wetter land and more Class III soils than most of the areas to the north. It was also noted that areas to the north had lower class soils since they are in stream beds. He reiterated that relieving thc congestion at the I-5 interchange is necessary to make the economic development plan workable. A major element in working towards the improvement in cooperation with ODOT is the City's Transportation System Plan and the Interstate Management Area Overlay Zone. This is a new type of zone that would provide for a budget of trips based on the proposed plan that limits the number of trips to 2500 peak hour commercial and industrial trips. The trips would be allocated to parcels and if the trip allocation of a proposed development would be exceeded the developer would be required to come before the Planning Commission to explain the need for an adjustment - Council Meeting Minutes, March 28, 2005 13 of 66 COUNCIL MEETING MINUTES MARCH 28, 2005 TAPE to their trip generation allotment. The Planning Commission voted unanimously for this new proposed zone because they understood the importance of preserving the capacity to attract jobs to the area. Mr. Winterowd summarized the results of the 8 alternative study areas that addressed (1) Class I and II agriculture soils, (2) public facilities service cost per acre, (3) environmental impact on stream and wetland acres; and (4) impact to the I-5 interchange east access. It was noted that the highest areas for Class I & II agriculture soil and public facilities service cost were study areas//4 (East) and//6 (South). Most of the stream corridors are locate in study area//1 (Northwest) and #2(North) which is why the proposed UGB expansion involves these two areas. As a result of the work done on this project, the proposed UGB expansion would include (1) land located in the southwest for industrial land, (2) land located in the north area for low density residential, (3) Nodal development area in the vicinity of Parr Road, and (4) exception areas mound the perimeter of the City. The proposed UGB amendments would provide 13 surplus acres to meet the City's proposed population, employment, and livability needs for the next 20 years. He stated that the periodic review amendment package before the Council includes a UGB justification report and amendments to the City's Comprehensive Plan and Development Ordinance. 4690 Mayor Figley stated that she would first call for testimony from representatives of an agency or organization and they will be given 10 minutes to present their testimony. Amanda Dalton, representing North Willamette Association of Realtors, stated that local realtors are concerned about the negative effect of the proposed Interchange Management Area on commercial development around the I-5 / Highway 214 interchange. The major concerns include (1) Ballot Measure 37, (2) adverse effect on commercial growth and potential moratorium on commercial development within the interchange management area, and (3) negative impact of an interchange management area statewide since ODOT views this ordinance as a pilot program that could be extended to interchange areas statewide. She expressed her organization's opposition to the proposed interchange management area and encouraged the Council to further investigate the impact how this proposed area would affect the City's commercial and industrial growth. Sid Friedman, representing 1000 Friends of Oregon, expressed his belief that an alternative strategy can be used to obtain the economic development strategies that the City is trying to achieve. In their opinion, the City does not need the large amount of industrial land as proposed by the consultants. Marion County and the Metro City Council have raised concerns about the magnitude of the proposed industrial expansion. He disagreed with the consultant's comparison of Woodburn to Wilsonville since Wilsonville is a very small sub-area ora much larger urban growth boundary and it is not uncommon for one portion of an urban growth boundary to have more industrial land than another portion. Additionally, Wilsonville is the only city in Metro that has more jobs than residents. He stated that the City's employment forecast of 8,300 new Page 6 - Council Meeting Minutes, March 28, 2005 14 of 66 TAPE R~ADING COUNCIL MEETING MINUTES MARCH 28, 2005 6124 Page 7 employees by 2020 is extremely high and it is a substantial increase from the original 7,000 new employee figure. He did not feel that Woodbum would capture 23% of Marion County's job growth and, even if the projected 8,375 new industrial employees is acquired, it can accommodated on far less industrial land. Overall, he believed the City would need 274 acres of industrial land less the 127 acres the City already has within the current urban growth boundary. He stated that the consultant's report focuses on site requirements of targeted industries rather employees per acre and that the industrial land within the current UGB is not the appropriate size to meet the site requirements of targeted industries. He suggested that current industrial land within the City that is not expected to be used to meet the industrial land need then it be rezoned to some other urban use and those other urban uses be adjusted accordingly. He stated that the largest site for industrial is 125 acres which is an area large enough for a proposed silicon chip fabrication plant. He did not believe that the City could justify the inclusion of such a large site within the urban growth boundary based on speculation and he did not believe it was reasonable to think that a silicon chip plant would be located within Woodbum's urban growth boundary within the near future. He reminded the Council that Oregon law requires that land of poorer quality is to be included in an urban growth boundary prior to land of better soils. On the study area map to the south between 1-5 and Boones Ferry Road is a large area of Class III soils which should be considered as the expansion area rather than the southwest area as proposed. Another parcel they object to including is located on the southerly end of the of the southwest industrial reserve on the west side of Butteville Road. He stated that this is an unbuffered intrusion into surrounding agricultural land that will create forseeable conflict with existing agricultural operations. Another area of concern is the Carl Road exception area just east of Highway 99E. This area is currently a mobile home park but it is proposed for commercial designation. His organization believes that strip commercial development along Highway 99E north is an inappropriate location for new commercial uses and requested that the land be either removed from the urban growth boundary or m-designate the parcel for some other non- conunercial use. Terry Cole, ODOT Region II, stated that ODOT has been working with the City on transportation issues, in particular, the Woodburn Interchange. He spoke in support of the Transportation System Plan as proposed and feels that the City and ODOT, in cooperation with the County, have worked well over the last few years to come up with a transportation system plan that balances the needs that are created by the population and employment projections which are now adopted projections. In regards to the Interchange Management Overlay, he pointed out that the estimates that are being made for trip generation within the Interchange Management Overlay zone are based upon the City's population and employment projections as reflected in the transportation system plan. He stated that it is anticipated that not all of the land in the overlay zone will develop to full build-out by the year 2020, therefore, rather than developing the trip budget on the land base, it was developed on the population and employment forecast. He expressed his belief that this is a proactive method to try and manage what will be a Council Meeting Minutes, March 28, 2005 15 of 66 TAPE COUNCIL MEETING MINUTES MARCH 28, 2005 Tape 2 Page 8 very large investment in improving the interchange and preserving the investment for the industrial uses that the City has identified as of being of primary importance. Even though there may a be some limitation on commercial zoning, it is not inherent in the overlay zone as much as it is inherent in what the City is proposing to do within that proposed zoning area. He reiterated his support of the City's proposed transportation system plan. Councilor McCallum questioned as to how flexible the 2,500 peak hour trips is with ODOT and whether or not other communities will be affected by this limitation. Terry Cole stated that a process was being developed that will be brought to the Council over the next several months in the form of an intergovernmental agreement that would set up how the trip generation would be monitored over time. There will be modifications over time since this is an opportunity for ODOT to try and find a new way to manage a $40 million plus investment in the interchange that will work for Woodburn. In regards to flexibility on the 2,500 trips which is derived from the population and employment forecast of new development on undeveloped land, excluding re-developed land and residential land, the trips will be monitored and if the trips are being consumed more quickly by trips outside of the interchange management area, ODOT will be looking at some flexibility. The objective is to try and meet ODOT standards in the 2020 -2025 planning horizon. ODOT standards for an interchange for operations are pretty high and just because you reach their standards it does not mean that the City has reached interchange failure. Once the interchange is improved, there will probably not be additional improvements made at that interchange as the community grows into the future and there will be a need to look for alternatives. ODOT views this as a work in progress and adjustments will be made as time progresses forward. Les Sasaki, Marion County Planning, stated that Marion County has submitted a letter to the City for the record. The County and City have been working together as part of the Periodic Review process and, overall, they are very supportive of the comprehensive package that the City has developed. The proposed plan provides for more efficient use of land within the City. They are supportive of the City's efforts to (1) provide for employment opportunities and needs of City residents and putting together an economic development strategy; (2) update the coordination agreement with the County; (3) incorporation of lot of guidelines that are the County's recommended Growth Management Framework plan; and (4) limit commercial development to alleviate some of the traffic congestion in the vicinity of the interchange. They are also supportive of the proposed policy amendments, in addition to the land deficiency measures and identifying land needs, to put together a comprehensive package that addresses the identified needs of the City. In regards to the urban growth boundary issues, they realize that the UGB process is a cooperative process between the County and the City. They do not agree on all of the different aspects of the amendment package and, as a result, are offering some different ways addressing the needs of the City as identified that may involve less land to be included in the UGB expansion. The County does support the - Council Meeting Minutes, March 28, 2005 16 of 66 TAPE COUNCIL MEETING MINUTES MARCH 28, 2005 City's proposal to include the adjoining exception land areas that currently abuts the existing city limits or urban growth boundary which is consistent with the alternative needs analysis and the criteria for inclusion of land within the UGB. They are also supportive of including the residential Nodal Area to the southwest part of the existing boundary and of the residential land expansion to the north adjacent to the golf course area. The County does have some concern with the amount of industrial land within the proposed industrial reserve area and they have offered some suggestions as to how that can be reconfigured so that it does not necessarily tie the City into specific parcels and retaining those parcels which may or may not be utilized for those targeted industries that the City is trying to accommodate. They have also looked at the City's proposed residential land needs for housing, parks, schools, and other public uses and they feel that there is sufficient within both the existing land inventory as well as some of the areas being proposed as part of the boundary expansion and they do not see the need to possibly include the 160 acres north adjacent to Crosby Road as part of the residential land need based on the numbers they are looking at as part of the package. They also have some questions on the 65 acre site on the west side of Butteville Road which is not fled to any other area and looks like it should be preserved as farmland in that area. He reiterated that the County is in support of the majority of the proposals to the amendments of the plan, to the code, as well as the UGB amendments that are a part of this package. Councilor Bjelland questioned if Mr. Sasaki had some specific issues on how sites can be combined into a larger parcel. Mr. Sasaki stated that by allowing the combination of smaller sites into a larger parcel within the industrial reserve area gives the City an opportunity to put together parcel acreage to meet a particular need rather than preserving a 100-acre parcel for a specific industry. 0800 Mayor Figley stated that testimony from the public will now be heard, however, the time limitation will be 3 minutes. She reminded the public that additional written testimony can be submitted to the City by April 20, 2005. 0835 Kim Ashland, 2155 Molalla Avenue, referred to two (2) 9-acre parcels located on Highway 211 across from Cooley Road that are shown in the proposed plan as commercial land. He requested that those parcels be zoned as single family residential since the Church of the Latter Day Saints have purchased property to the west of these 9- acre parcels and they are in the planning/development stage to build a chumh on their site. They feel that these parcels would become an isolated commercial area since the property across the street is residential. Additionally, the 9-acre pamels are narrow and deep and it would be more suitable for single family residential area. 1086 Gene Vliet, P.O. Box 20694, Keizer, stated that he owns property on the north end of Second Street that is currently zoned RS and it is in the proposed comprehensive plan to change to RM. He stated that he is in favor of the zone change however, under the current transportation code, it could be developed as RS and Second Street could be used Page 9 - Council Meeting Minutes, March 28, 2005 17 of 66 TAPE COUNCIL MEETING MINUTES MARCH 28, 2005 for access. Under the proposed zone, it would not meet the transportation code, therefore, the property could not be developed without totally re-building a half mile of Second Street. He stated that staffhas indicated that street requirements are usually reduced in this type of situation but he wanted the Council to definitively state that the street requirements would be reduced otherwise it is worthless property. Rick Warnick, 9925 72~d Ave., Salem, stated that he presently owns property located at 1365 N. Front Street which is a .07 acre parcel of Commercial General that is slated to be changed to RM. He stated that he has a growing business on a portion of the site and he has the other portion leased out to another business. Even though he has been told that he can continue to operate like businesses at the site, he will eventually mn into problems when he decides to sell. He will then have a piece of property zoned RM and, unless a buyer puts in a like business, his property will be devalued since RM property is worth around $150,000 per acre. He currently has 10,500 square foot of office and warehouse space which is described by a City planner as a dilapitated mn down building, however, his building is not mn-down and consists of partial block construction and steel trusses. He had gone into the City last fall to apply for storm drain and pavement permits and at that time no one in the City mentioned this proposed change. He has spent a lot of money on this property with the current appraisal being $438,000 and, if it is rezoned to RM, then he will have a $300,000 loss. He did not feel that a property owner should pay the price in that fashion for the City's planning. 1324 Lolita Carl, 13324 Carl Rd NE, Hubbard, stated that their farm is located 560 feet fi.om land the City purchased to expand the wastewater treatment facility. She stated that farm land is continually used in the agricultural industry and the agriculture industry supports local stores, businesses, and citizens. She stated that the City's consultant stated that he preferred straight lines in determining boundaries, however, the proposed plan has fingers of land jutting across major roadways and logical boundaries. She referred to the State Statute relating to UGB expansion and stated that the 13 acres that juts across Highway 99E along Carl Road should not be zoned as commercial since future commercial development at this site would increase the traffic congestion at that intersection making it even more difficult for farm and livestock truckloads to pullout onto Highway 99E. She urged the Council to think more than 20 years into the future when making decisions on the UGB expansion and related zoning. Kathleen Carl, 13324 Carl Rd NE, Hubbard, stated that she believed that Woodbum needs to develop an economic plan that benefits existing population of Woodbum and focus on local businesses rather than mega employers. She cited an example within Woodbum whereby an industrial machining and fabrication business added extra shifts for welding contracts. She stated that the plan proposed by the consultant assumes that all new employees will need all new industrial land. The Economic Development Strategy relied heavily on the inclusion of very large parcels of land to attract mega employers with one of those employers being a high-tech silicone plant. She stated that her research has shown that it is difficult to generate new technology clusters where none previOusly existed. She believes that Woodbum's economic model should focus on Page 10 - Council Meeting Minutes, March 28, 2005 18 of 66 TAPE READIN0 COUNCIL MEETING MINUTES MARCH 28, 2005 utilizing existing infrastructure which will then take care of taxpayer investments. She feels that expanding to new land is not a benefit to most citizens and every expansion costs current taxpayers additional money. She feels that Woodburn can grow its local industrial base if that is the focus. Additionally, Woodbum needs to build a City that works together and looks to those businesses that are putting money into the City's pockets now and the goals of Woodburn can be accommodated with a UGB expansion that is more limited. Councilor Cox stated that she made some interesting points and requested clarification of her objectives. He questioned if it is her suggestion that the City back-offon the expansion of the industrial component of the urban growth boundary proposal. Ms. Carl suggested that the City focus on existing empty industrial lots, look at what industries can grow within the current boundaries, and accommodate the City's goals where the expansion is more limited. 1865 Paul Sen'es, 11283 Serres Lane, Woodburn, stated that he is a life-long resident of the Woodbum area and is a representative of the Serres family promoting the inclusion of their farm as part of the UGB expansion. He stated that the best use of their land has now changed with regards to the change in the relationship their property now has to the city limits. In their review of the proposed Compehensive Plan, their property is a logical addition to the urban growth boundary at this time. They feel that the information used to determine the cost of providing services to their property instead Area 04 is flawed. The majority of their property is flat land and 5-10 feet above the sewer treatment plant which is less than 1 mile from their property. They have excellent water sources fi.om existing wells that has capacity to serve Area 04 but yet the report shows that water was a high cost to provide. The land has natural drainage but yet drainage became a big factor in the study. He stated that environmental, energy, economic, and social consequences will be served on a much higher basis utilizing land on the east side of the City for quality housing. Along with the natural drainage, they also have woodlands that can maintained in a natural state to be enjoyed by all. Their property borders Highway 214 on the south side, Pudding River on the east side, Woodburn city limits on the west side, and Hardcastle Avenue on the north side. Farmers with land adjoining their property on the east and north side also welcome expansion of the UGB to the east. In his opinion, Highway 99E businesses will not survive 25 years without east side development. Councilor Cox congratulated the author of the letter submitted to the Council since it is the type of argument needed for the Council to consider. He stated that the Serres Family is pointing out what appears to be some logical things that are wrong with some of the basic assumptions that were made in regard to that property. When it gets closer to voting on this proposal, he would like to have some clarification on the infrastructure costs because, if they are right, this parcel may be better than Area #2 and the Council must decide on one or the other parcel. Mr. Sen'es stated that there is approximately 200 acres in Study Area g4. Mayor Figley called for a recess at 9:08 pm and reconvened at 9:18 p.m.. Page 11 - Council Meeting Minutes, March 28, 2005 19 of 66 TAPE COUNCIL MEETING MINUTES MARCH 28, 2005 2165 Licetin Andrade, 1274 5t~ St., Woodburn, stated that she is in support of the plan and feels that more opportunities will come if the City grows as it is proposed. 2298 Susan Duncan, 1840 E. Lincoln Rd, stated that residential development would be better served on the east side and, as a member of Serres family, she supported the inclusion of their property in the UGB. She stated that their property has many features that would be beneficial to the City especially since there is no freeway pollution or noise and less traffic congestion. They believe that higher end housing in their area can be accomplished and they have enough property to create a new neighborhood in the manner of a planned development. She reiterated that residential development east of town will not impact the I-5 / Highway 214 interchange since east side residents can use the Aurora cut-off going north on Highway 99E to I-5 and the Brooks I-5 interchange going south. Their land is bounded by Highway 214 to the south, a half-mile away from Highway 211 to the north, and Highway 99E is a one-quarter mile to the west. No other undeveloped land in the Woodbum area is served better by better transportation access than their property. Additionally, Landua Drive, Tomlin Avenue, Laurel Avenue, and Aztec Drive could be connected into a complete street pattern an no longer be dead-end streets. She urged the Council to consider their land in evaluating opportunities for the City. 2547 JeffTross, Land Use Planning Consultant, spoke on behalf of the Serres Family and, based on their testimony, it is clear that they have spent a lot of time working on this issue and they are very knowledgeable about the issues within the proposed plan. He met with them for the first time last week and the family wanted to get confirmation that they understood the rules and process correctly and that they had addressed the right factors to support their position. He urged the Council to seriously consider their proposal since which he feels would be in the best interest of the City. Ruth Thompson and Mary Grant, Serres family members, elected not to add any other comments to those already made on the Serres property. 2677 Toni Spencer, 13736 Wilco Highway NE, Woodburn, stated that she is a concerned citizen about the proposed urban growth boundary. She stated that she has respect for those who live and work on the land, and she also respects and realizes the importance of the economic stability that it provides the community. Agriculture and food products are Oregon's largest export by volume and second largest export by value. She expressed concern that the City may be too eager to add farmland into the proposed UGB when there is vacant commercial, industrial, and residential properties that can be redeveloped and reoccupied. She urged the City to solicit businesses to occupy those buildings before any UGB expansion is proposed. Councilor Cox requested clarification of Ms. Spencer's statement regarding vacant industrial buildings not being counted in the available lands. She stated that the consultant did not consider vacant or under-utilized industrial buildings as having any capacity to accommodate need unless the value of the buildings were lower than value of the land. Greg Winterowd stated that he had projected the need as acquired by state law for industrial sites that would meet the needs of targeted industries. In those projections, he Page 12 - Council Meeting Minutes, March 28, 2005 20 of 66 TAPE COUNCIL MEETING MINUTES MARCH 28, 2005 did not, nor is a there a state law requirement, to evaluate whether any building at any given time is vacant because that can change momentarily as it can for an office building or any other structure. Vacant undeveloped land adjacent to such buildings was included in the projections. He stated that projected needs were not based on employees per acre and, it is anticipated that there will be some employment in existing buildings, they did look at the siting needs of the industries in the Economic Opportunities Analysis and made sure that the City had the required sites. He reiterated that it is a complex issue but the proposal did not account for so many jobs to certain buildings since (1) there is no way to determine the number and (2) that was not a task as described by state law. 3090 Kay Peterson, 13740 Wilco Hwy NE, Woodburn, requested thatthe Council carefully consider the testimony being submitted. She acknowledged that everyone wants Woodburn to be an economically viable community, however, she opposed to a UGB expansion in order to accomplish this. She stated that the City has only recently begun to address the traffic issues at the Highway 214 / I-5 interchange. UGB expansion will increase the congestion and her husband's clients continue to complain about the difficulty in driving to his office which is located on Evergreen Road. She disagreed with the proposal that would take farmland out of production in order to attract some high tech industry to Woodbum. She did not feel that any high tech industry would be willing to come to Woodburn since many have abandoned the United States and have gone to China. She stated that agriculture can quickly respond to current market conditions whereas other industries pick-up and leave. In her opinion, the economic security of the United States is compromised as more and more farmland is taken away for development. At this time, the United States imports more food than it exports and she suggested that continued elimination of farmland will make the United States's dependency on food supply similar to our country's dependency on foreign oil. Erin Donnelly, 480 N. Third St., Woodbum, requested that the Council uphold the unanimous recommendation of the Planning Commission to maintain the Second and Third Street area as residential and not change the area to commercial office zoning with an eye to permanently changing the comprehensive plan in the future to help preserve this historic area. Ray Clore, 15 Smith Drive, Woodbum, stated that he works for the Strategic Economic Development Corporation in Salem and his organization supports Marion and Polk Counties for Economic Development. He also stated that his organization supports the City's industrial lands expansion. Part of their mission is to work with incoming companies and industrial companies are looking to site in the Mid-Willamette Valley which is a major growth area. Over the last 5 years, they have consistently seen companies or site consultants stating that they would like to site in the area south of Wilsonville and north of Salem. The biggest drawback to a Woodbum site is land availability. Currently, the average land size clients are looking for is 15 to35 or 50 acres in a campus setting with landscaping. In regards to the City's current industrial park, there are 2 facilities for sale and the 137,000 sq. foot facility Ms. Spencer mentioned in her testimony has been purchased by Universal Forest Products and it is currently being Page 13 - Council Meeting Minutes, March 28, 2005 21 of 66 TAPE READING COUNCIL MEETING MINUTES MARCH 28, 2005 converted for a manufacturing facility. The second site has also been sold but he cannot disclose at this time who is purchasing that facility but it will also involve manufacturing. 3590 Dave Chfistoff, 671 Ironwood Terrace, Woodburn, spoke briefly on the proposed Interchange Management Area (IMA) ordinance. He stated that it appears that the September 2004 version regarding the small development exception has been deleted. This exception would allow developments of sites that generate less than 100 peak hour vehicle trips for non-residential developments of any size without having to do a full traffic impact analysis. By deleting this exception, it creates a need for a costly and unnecessary full traffic impact analysis which mirrors and all but insures local special interest groups no growth policies by over regulation. In his opinion, it will create pockets of small undeveloped sites and he urged the Council to reinstate the small parcel exception to allow owners of these parcels to develop without a loss of time, expense, and redundancy of additional traffic impact studies. 3713 Bob Thelen, 509 N Third Street, Woodburn, stated that Woodburn is surrounded by prime farmland that is protected by state law. He expressed his opinion that the UGB should be expanded to the south where the land has lower soil quality. In his opinion, the Economic Opportunities Analysis ignores Woodburn's location in the middle of productive farmland and at the center of the County's number 1 industry. It also fails to identify Woodbum's role as a commercial and cultural center for the valley's Hispanic population as a possible advantage. Instead, Woodburn could lose between 55 and 222 agricultural sector jobs based on employment growth forecasts for 2000-2020. He stated that it is inconsistent with 39% agricultural related employment growth in Woodburn's zip code between 1990-1999. He stated that Woodburn's growth should be accomplished by utilizing the industrial and commercial land within its current UGB before it consumes productive farmland. Once farmland is converted for other uses it is gone forever. The development of land west of Parr Road will add congestion for the City's only I-5 overpass and it will insure the failure of the I-5 interchange. He supported expansion to the east where the road infrastructure is well-developed. The City will experience additional congestion and gridlock at the I-5 interchange and he urged the Planning Commission and Council to modify the UGB expansion to delete the expansion west of I-5 and to modify the expansion elsewhere to a reasonable amount that will encourage the infill and redevelopment of the considerable lands within the existing UGB. 4007 Bob Fessler, 11796 Monitor-McKee Rd, Woodburn, stated that his family owns a piece of property located on Crosby and Boones Ferry Road which is in the proposed UGB expansion. He stated that they are in favor of this expansion and requested that the Council not consider this property for reduction if the school district property is added to the proposal for the following reasons: (1) surrounding streets are a natural boundary between residential and farm use, and (2) soils on there property are of Class II and III compared to soils in other property designated as Iow density residential. He stated that a larger tract of land being developed results in more efficiency for public works and planning purposes and costs. He reiterated that they did not oppose of the school district Page 14 - Council Meeting Minutes, March 28, 2005 22 of 66 TAPE COUNCIL MEETING MINUTES MARCH 28, 2005 but urged the Council not to reduce the low density property proportionately. 4119 Martin Roher, 16 Abelard, Lake Oswego, stated that he and three other property owners own property located north of and adjoining Woodburn Company Stores on Amey Road. He stated that they own approximately 110 acres in total and are requesting that their land, along with another 15 acres to make up a 125 acre parcel, be included in the proposed UGB expansion. He stated that the periodic review process actually started in the mid-1990's and, in 1998 and 1999, the Building Lands Advisory Committee proposed that a majority of their land be included in the UGB as a mixed use campus district designation. He expressed his opinion that this type of designation would be appropriate for this area. The three arguments he made to the Council are as follows: 1) their area is most surrounded by the urban growth boundary and if one of the purposes is to square offthe UGB then expansion to include their property would appropriate; 2) their area is most affected by urbanization with the Company Stores adjoining their property and Nazarene housing district to the west. He felt that the property in the proposed southwest reserve which is located west of Butteville Road should be removed from the proposed UGB and, as a replacement, add their area with a mixed use designation; 3) they have public facilities already running up to the property due to the Woodburn Company Stores development whereas it may take a long time before the infrastructure is developed in the southwest reserve. He stated that their properties would be the cheapest to develop, least impact on I-5 because it is on the west side, and it has mostly Class II soils. 4669 Carla Mikkelson, 17244 Arbor Grove Rd NE, Woodburn, stated that she and her family have been connected to Woodburn since 1956 and hoped that she is not being considered as an outsider since she does not fully agree with the provisions within the proposed plan. She stated that she had provided written testimony for this hearing and included those issues that she did support in that letter. On paper, she felt that the proposal looked good but felt that the plan is very fi.agile. She cautioned the Council in that the Economic Analysis does not guarantee that the pr°posed jobs will arrive. She questioned the City's ability to provide necessary public facilities that would service these targeted industrial businesses. She stated that Woodburn has a history of traffic planning difficulties and she questioned if Woodburn's ordinances will be strong enough to withstand the development forces if planned industry does not come to Woodburn within the near future. In her opinion, the proposed plan will not restore those qualities within the City's Vision statement and she requested that the Council carefully consider the proposal. Diane Mikkelson, 1090 N. First Street, Woodburn, stated that she is new to the public process relating to development and implementation of public policy, however, she recognizes that there is a lot of time, energy, and money invested in the process. She feels that those individuals who have raised concerns at the open houses and at the healings are only given token acknowledgment since the plan has, for the most part, been developed. She stated that there should have been more public input before consultants were ever brought into the picture so that the public's ideas could have been incorporated Page 15 - Council Meeting Minutes, March 28, 2005 23 of 66 TAPE COUNCIL MEETING MINUTES MARCH 28, 2005 5272 into the proposed plan at the beginning of the process. She referred to the Marion County Planning Department letter dated March 21, 2005 which suggests that the 160- acre parcel between I-5, Boones Ferry Road, and Crosby Road not be included in the UGB. Residential land needs are being met through existing land supply in the current UGB.as well as other residential lands being proposed for addition in the plan. She urged the Council not to disregard the concerns expressed because it would mean additional work for staffand/or Council since livability depends on the decisions made by the Council. Don Kelley, attorney representing Dale Baker, questioned if the record of the Planning Commission hearing was incorporated into the Council's record. Mayor Figley responded affirmatively. Mr. Kelley stated that Mr. Baker owns a 10.25 acre parcel on the east side of Butteville Road which lies between Butteville Road and Senecal Creek. He stated that they are in agreement with the City that the property should be brought into the urban growth boundary. He provided background information on this property relating to the County's redesignation of the property in 1988 from exclusive farm use (EFU) to AR and in 1992 the City adopted an urban growth boundary amendment for this property but Marion County did not agree that the property should be included in the UGB. The County has now changed their position and agree that the property should be included in the UGB. This property is within the exception area and should be included in the expansion. He also recommended that the Council consider dealing with the urban growth boundary in two phases. One phase would be those parcels that already have exceptions granted and the second phase would be those parcels that do not have exceptions. The reason for the separation is to keep those parcels that should be included and most likely not going to be challenged from getting caught up over a court battle over those that may be challenged. In regards to the Interchange Management Area, he requested that the Council look closely at what might happen if higher traffic areas are pushed out of that area but they still need interstate access resulting in making the trips longer for the same business therefore increasing traffic over the long run. 5575 Dan Wells, 275 N. Third St., spoke in support of the modification to the comprehensive plan that would move their neighborhood from the commercial zone. Mark Ungcr elected not to provide testimony. Dan Orsbom, 1670 E. Lincoln Rd., Woodburn, objected to the late addition of the school district property into the proposed plan. He stated that the school district had sold property located within the City and bought property that was located outside of the City and existing UGB. He approached the school district a~er they purchased the land regarding potential use and he was told by the district that they would not be asking for special consideration. However, that seems to be what is happening with their most recent request to include the property in the proposed plan. This property is landlocked and has no access other than E. Lincoln Road which is an unimproved street. He expressed his opinion that the school district should not be treated any differently than Page 16 - Council Meeting Minutes, March 28, 2005 24 of 66 TAPE COUNCIL MEETING MINUTES MARCH 28, 2005 5946 6446 other property owners requesting inclusion. He expressed concern on the costs he would be obligated to pay if this property is developed. He was also concern about this type of last minute inclusion since it had not been part of the original proposals and if he had not kept up with what was going on, then this proposal could have moved forward without his ever being notified that was going to happen. Brian Moore, attorney with Saalfield Griggs representing the Fessler family, 250 Church St., Salem, requested that if the school district property is added to the proposed UGB then no portion of their property be reduced to accommodate this UGB modification. He stated that there seems to be an effort to remove the Fessler property and some low density residential properly from Area #2 and then add Area #4. He referred to comments made earlier regarding local objectives on how to implement the Economic Opportunities Analysis. Three objectives listed were improvement of the interchange, protection of valuable soils, and protection of stream corridors and wetlands. If Area #2 is added, there would be a benefit in that Crosby Road would be improved since the Fessler property is bordered on 3 sides by roadways which makes it an ideal place as far as efficiency and, in particular, in respect to transportation since it provides access over I- 5 into the western side of Woodbum and I-5 can be accessed by going north on Boones Ferry Road to Donald or Aurora exits. This property contains Class II and Class III soils and some Class IV whereas the property in Area gal contains predominantly Class II soils. Tukwila is close in proximity to the Fessler property and there would be enough demand for higher end housing even with the addition of the north property. Lastly, public facilities cost to serve the Fessler property is still substantially less than Area gA even if there is some irregularities in the calculations. He reiterated that Area #2 will serve just as good if not better than Area gA. Roger Alfred, attorney representing Renaissance Development, expressed his support of the Planning Commission recommendation to expand the UGB in the areas that have been selected. In his opinion, City staff and Winterbrook Planning have done a thorough job of making sure that the decisions to be made by the Council correspond with the principles under state law. He stated that the proposal does bring in all of the exception lands that are adjacent to the existing boundary which then affords the Council the opportunity to go to the next tier which is farmland. The area north of the Tukwila piece offers is that the Council is looking at land that provides for some desired and needed residential development without bring in any land that is currently in agricultural production. Bringing this property into the UGB is consistent with prior City decisions with respect to Phases I through IV of the Tukwila PUD decision where the City contemplates the extension of Olympic Street to connect to Boones Ferry Road. This extension will provide a second access for residents in the area and is consistent with the prospect of future development in that area. For the record, letters were received at this meeting from the following: Farmworker Housing Development Corporation (Robert Jimenez); Carla Mikkelson; Lolita Carl; Toni Spencer; Saalfeld Griggs (Brian Moore); Direct Northwest (Amanda Dalton); Martin Rohrer; and the Serres Family. Page 17 - Council Meeting Minutes, March 28, 2005 25 of 66 TAPE COUNCIL MEETING MINUTES MARCH 28, 2005 6743 Tape 3 Mayor Figley stated that all of the names have been called that were listed on the sign-in sheet. No other individuals in the audience elected to speak on this issue. Councilor Cox stated that the Council has probably heard as much oral testimony as is going to be beneficial and any additional testimony can be made in writing since the record will be left open. Councilor Bjelland stated that staff comments be submitted once additional written public comments are received since there may be issues to be addressed by the Council. Mayor Figley closed the public hearing for oral testimony at 10:13 p.m.. BJELLAND/SIFUENTEZ... leave the record open for written testimony until April 20, 2005. The motion passed unanimously. City Attorney Shields stated that staffwill be bringing this issue back to the Council for deliberation at the April 25, 2005 Council meeting. Councilor Cox questioned if staff would be precluded fi.om giving the Council a supplemental written or verbal staff report analyzing some of the positions made by the public after April 20, 2005 if the public hearing is closed except for written testimony. City Attorney Shields stated that he did not see a problem with a staff analysis of what has been brought up through the hearing process. Councilor Bjelland stated that this is a very complex issue which the Council has been involved with since 1997. He would like to have a workshop on some of these issues since there are a lot of policy decisions involved, information absorbed and processed and he would like to be sure that the Council does not prohibit interchange and staff input in that process. Administrator Brown stated that deliberations will involve staff and the Council can continue to deliberate until such time as a decision is ready to be made. He suggested that the deliberations be held during regular Council meetings even it does take more than one meeting. Mayor Figley encouraged the Council to relay their questions to staff prior to the April 25* meeting in order to give them some direction when going through all of the material. Further discussion was held regarding a workshop session versus a regular meeting and it was decided to hold the deliberations during regular meetings. Councilor Cox stated that his next available meeting after this meeting will be May 11, 2005 since he will be gone for the April 25, 2005 meeting. He also hoped that someone was encouraging the school district to give the Council more data before a final decision is made. Councilor Bjelland stated that the school district proposal is an illustration of the fact that the Council has to make a decision based on (I) either a justification for a special needs or (2) a tradeoff is required if the Council decides to incorporate the area into the UGB by reducing some other area within the proposed UGB. He felt that this is a significant decision and the Council needs more information on this proposal before a final plan is adopted. Page 18 - Council Meeting Minutes, March 28, 2005 26 of 66 TAPE COUNCIL MEETING MINUTES MARCH 28, 2005 0960 Councilor McCallum stated that the Council has a regular meeting schedule in which interested citizens can attend and listen to the deliberations of the Council. He requested that a copy of the draft minutes be forwarded to the Council as soon as they are prepared. P BLICHEA NG:20 4-0 S PP MENTAL B D E . Mayor Figley declared thc public hearing open at 10:27 p.m.. Finance Director Gillespie stated that the supplemental budget included adjustments for (1) the downtown plaza project, (2) repayment of the loan from the Traffic Impact Fee fund to the General CIP Fund for the purchase of the land where the new Police Facility will be located, (3) accounting for the loan and grant revenues for the Association Building which were received at the beginning of this fiscal year, and budgeting for the first debt service principal and interest on the loan, and (4) an electrical project in Library Park. Administrator Brown stated that staffwill be looking at paying offthe Community Incentive Loan during fiscal year 2005-06, however, the interest rate on the loan is 1%. Mayor Figley declared the public hearing closed at 10:31 p.m.. COX/MCCALLUM... direct staff to prepare an ordinance to substantiate the budget changes as outlined by Finance Director Gillespie. The motion passed unanimously. CO N IL BILLN .2 66- RDINAN EGRAN INGAZ NEC_HANGE FR M RS IN LE FAMILY RE ENTIAL ZONE TO RM MEDI DEN ITY RE I NTIAL ZONE O R PER LOCATED AT 2 25 N. Council Bill 2566 was introduced by Councilor Sifuentez. The two readings of the bill were read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2566 duly passed with the emergency clause. ,!,398 C NCIL BIL NO. 2 - RDINANCE AD PTIN A SUPPLEMENTAL BUDGE FOR F1 CAL YEAR 2004-05 Councilor Sifuentez introduced Council Bill 2567. Recorder Termant read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2567 duly passed with the emergency clause. 147~3 SEWER PUMP STATION UPGRADE AT IND TRIAL AVENUE AND It was noted in the staff report that proposals were subrn/tted by Triad Mechanical ($603,900.80) and Emery & Sons ($629,205) for two sewer pump upgrade projects. BJELLAND/NICHOLS... award contract for Industrial Avenue and Greenview Drive sewage pump station rehabilitation projects, Bid No. 2003-018-47, to the lowest responsible bidder, Triad Mechanical, in the amount of $603,900.80. The motion passed Page 19 - Council Meeting Minutes, March 28, 2005 27 of 66 TAPE COUNCIL MEETING MINUTES MARCH 28, 2005 unanimously. J508 1560 1630 LI OR LICEN E - HANGE OF NERSHIP: Rincon Na arita 1 N. A Limited On-Premise Sales liquor license application was submitted by Juan Fernandez and Obdulio Damas, DBA: Rincon Nayarita, who recently purchased La Unica restaurant. COX/LONERGAN... City approve the proposed change and recommend to OLCC that they approve the application for Rincon Nayarita. The motion passed 5-1 with Councilor Nichols voting nay. PL IN C I I N ADMINI TRATIV LANDU EACTI . A} Planning Commission's approval of Design Review 04-15, Variance 05-03, and Variance 05-04 (Kingdom Hall, 1557 June Way) - Construction of a 4,947 square foot Kingdom Hall (house of worship), variance to reduce the required 24-foot western interior yard setback to 10 feet, and variance to allow parking in a yard abutting Highway 211 in an RM zone. No action was taken by the Council to call this matter up for review. _.MAYOR AND COUNCIL REPORTS. Councilor Cox paid tribute to Preston Tack who died unexpectedly 10 days ago. He stated that Mr. Tack was a good public spirited citizen who worked hard on issues pertaining not only to Senior Estates but also to the City. He was instrumental in organizing and leading the Senior Estates Community Relations Committee, he served on various Committees for the City, and was a frequent attender at Council meetings. Mayor Figley stated that Mr. Tack was a very decent public spirited person who will sorely missed, be Silas Harvey stated that he was a long-time friend of Preston Tack and he has asked the executives of the Senior Estates Board to allow him to try and sit in Preston's seat again. Councilor Nichols reiterated that Preston made sure that he knew that he could attend the Community Relations Committee on behalf of the Council and Mr. Tack will be missed by Senior Estates and our community. He also stated that the Tulip Festival is slow in getting started and the tulips were barely beginning to open. Councilor Lonergan expressed his appreciation of the local National Guardsmen who recently returned from their tour in Iraq. Mayor Figley stated that Woodburn had a very nice story in the travel section of the Oregonian last week featuring the Tulip Festival, Downtown, and Settlemier Park. The newspaper also included a very thought provoking article authored by Superintendent Walt Blomberg about the "No Child Left Behind" legislation and some of the consequences for communities with our demographics. She also mentioned that the Youth Leadership group participated in a mock City Council meeting last week and she Page 20 - Council Meeting Minutes, March 28, 2005 28 of 66 TAPE COUNCIL MEETING MINUTES MARCH 28, 2005 2045 felt that it was an educational and enjoyable session. ADJOURNMENT, NICHOLS/MCCALLUM... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 10:45 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 21 - Council Meeting Minutes, March 28, 2005 29 of 66 THIS PAGE WAS INTENTIONALLY LEFT BLANK 30 of 66 CITY OF WOODBURN Community Development MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5250 Date: To: From: Subject: April 7, 2005 Jim Mulder, Community Development Director Building Division Building Activity for March 2005 2003 2004 2005 Dollar Dollar Dollar No. Amount No. Amount No. Amount ~iew Residence Value 12 $1,920,183 13 $2,141,211 6 $969,484 Multi Family 0 $0 0 $0 0 $0 Assisted Living Facilities 0 $0 0 $0 0 $0 Residential Adds & Alts 0 $0 5 $122,664 1 $1,200 Industrial 0 $0 0 $0 0 $0 Commercial Value 4 $19,600 13 $450,247 12 $203,020 Signs, Fences, Driveways 2 $1,250 4 $23,990 4 $6,400 Manufactured Homes 1 $20,000 2 $58,000 1 $1,000 TOTALS 19 $1,961,033 37 $2,796,112 24 $1,181,104 Fiscal Year (July 1- $16,084,707 $25,422,032 $19,260,045 June 30) to Date l:\Cocnmuni~ Developme~[~Bldg~Budding Ac~vib~BldgAct-20OS~Bldg Actiwly - Memos~acti~ - Mard~ 2005.wpd 31 of 66 THIS PAGE WAS INTENTIONALLY LEFT BLANK 32 of 66 8C 35 of 66 THIS PAGE WAS INTENTIONALLY LEFT BLANK 36 o! 66 8D April 6, 2005 TO: FROM: SUBJECT: Honorable Mayor and City Council through City Administrat~~.- Randy Rohman, Public Works Program Manager through Public Works Director ~ Removal of Tree on Boones Ferry Road INFORMATION: The City will coordinate with the Hedtage Park Homeowners Association for removal of a large free located on the west side of Boones Ferry Road. The City will provide the authorized maximum of $500 for removal of the tree and will also share equally in the cost of replacing the removed tree with the Heritage Park Homeowners Association. This process will not occur until the homeowners association has an easement to maintain the area that contains the free as provided on the plat. BACKGROUND: The large tree on the west side of Boones Ferry Road between Constitution Avenue and Country Club Road has been determined in the attached arborists report to be hazardous. The crown of the tree is not present because PGE pruned the crown to maintain clearance from overhead power lines that existed prior to recent undergrounding of the lines. The tree is significant and is probably in excess of 144 inches in diameter. The masonry wall for the Heritage Park subdivision bows out around the tree's location. The tree is located on the right-of-way line padially on City right-of-way and partially on what is shown on the subdivision plat as a 3 feet wide wall and landscape easement controlled by the Heritage Park Homeowners Association. While the landscape easement is shown on the plat, the easement has not been legally been conveyed to the Heritage Park Homeowners Association. Until that occurs, the homeowner adjacent to the tree (2856 Lexington Court) is legally the responsible party. Agenda Item Review: City Administrato~r~ 37 of 66 City Attorney Finance~ Honorable Mayor and City Council April 6, 2005 Page 2 The City has a cost sharing policy that shares the cost of extensive maintenance and removal of street trees. The maximum City subsidy for one property may not exceed $500. The declaration involving the entrance improvements would be in a wall and landscape easement held by the homeowners association who would be responsible then for maintenance of the wall and landscaping. The responsibility for tree maintenance would then fall to the homeowners association but the easement has not been at this time conveyed to and accepted by the homeowners association. Since the easement has not been conveyed to the homeowners association, the legal responsibility is with the 'property owner. This is not the intent of the homeowners association, but before they can take legal responsibility for the tree removal, the wall and landscape easement must be legally conveyed to the homeowners association. The City feels that given the significance of the previous tree and the wall bow out for the tree that it should be replaced with a larger diameter tree (approximately 4 inch caliper). Since it is the City's desire that a larger tree be used for replacement, the City should share in the cost and an equal split of the costs is appropriate. The tree will be of a type that is suited for street tree application. FINANCIAL IMPACT: The costs of the removal share and the replacement cost will be from budgeted funds in the tree maintenance object in the Street Division budget. 38 of 66 WOODBURN March 30, 2005 TO: FROM: SUBJECT: Honorable Mayor and City Council through City Administrator G. S. 'Frank' Tiwari P.E., Public Works Director~~,~~ ~ Clarification and Reevaluation of Allocation of Costs for Arney Road Reimbursement District Improvement RECOMMENDATION: Accept and approve this report regarding clarification and the reevaluation of the cost allocation for the Arney Road Reimbursement District. Specifically, this report finds that: 1. There is only one Arney Road in the city of Woodburn and any reference to "Old Arney Road" means Arney Road itself. 2. That the improvement cost and its allocation, previously approved by the City Council after the examination of my initial report and public input process, remains correct and should be left unchanged. BACKGROUND: This matter is back before Council as a result of a remand by the Oregon Court of Appeals in its decision in Baker v. City of Woodbum, et. al. In its opinion (which upheld the Council's decision in all respects as to the creation of the reimbursement district and the allocation methodology), the Court asked the City to re-look at "... the location of frontage attributable to Baker and, if necessary, for recalculation of the allocation of impravement costs.. Arney Road improvement project, including the improvement of its extension to Woodland Avenue, was constructed in the year 1999 by the developer of Woodburn Factory Stores. The City Council created the Arney Road Reimbursement District for cost sharing af the impravements in public right-at- way among the benefited property owners. The legal requirements of reimbursement procedures were followed and cost distribution was approved Agenda Item Review: Finance 39 of 66 Honorable Mayor and City Council March 30. 2005 Page 2 by an ordinance based on the Public Works Director's Report. Dale Baker challenged the City's process in Circuit Court and the case was then appealed. The Council, by motion al its November 8, 2004 Council meeting, directed the Public Works Director to return to the Council with a written clarification on issues raised in the Court's opinion. This report responds to that motion. DISCUSSION: Specifically, the Court of Appeals stated the concern as follows: "The record falls shod in one respect, however. Baker's property has frontage on two roads, Arney Road and ""Old Arney Road."" The director's map that is attached to his report shows that the reimbursable portion of the improvement is along Arney Road and does not include Old Arney Road. It appears, however, that, in calculating Baker's share of the improvement's frontage, the director attributed ta Baker frontage on Old Arney Road. If the improvements along Arney Road only are reimbursable, then it was error to include Old Arney Road in the improvement frontage attributable to Baker. We therefore modify the judgment on the writ of review and remand with instructions to remand the resolution to the city for reconsideration of the frontage attributable to Baker and, if necessary, for recalculation of the allocation of the improvement costs." As the above quote makes clear, the Court assumed there were two roads - an "Old Arney Road" and an "Arney Road" - discussed in my report and that Mr. Baker had frontage on both. In fact, there is only an Arney Road - and no Old Arney Road. The Court's factual confusion can be explained in part by an ambiguity conlained in lhe written description that accompanied a photograph in my initial report showing the view looking east along Arney Road (see Attachmenl "A"), which described an intersection "...to connect the old Arney Road segmenl with the new roadway..."(emphasis supplied). The Court of Appeals read the phrasing noted above to mean there were two roads - an 'Old Arney Road' - to the west of Mr. Baker's property - and an 'Arney Road' - to the north of Mr. Baker's property - and since only frontage on Arney Road was to be included by the terms of the reimbursement district, the 40 of 66 Honorable Mayor and City Council March 30, 2005 Page 3 City may need to reconsider whether the allocation of the costs to Mr. Baker's property as a result of his frontage on "Old Arney Road" should stand. The frontage of unimproved lots owned by Mr. Baker, the segment of Arney Road which is aligned north and south near Hwy 219, was improved as part of the project. This improvement cost was shared by all of the benefited property owners of the district and not by the adjoining lot of Mr. Baker alone. In fact, the allocation methodology and resulting amounts attributed to each benefited property (including Mr. Baker's) along Arney Road made in the initial Public Works Director's Report were and continue to be appropriate inasmuch as reimbursable street improvements were made along all of Mr. Baker's frontage on Arney Road, commencing with the frontage on the northern side of the propedy all the way around the corner of Arney Road and including most of the unimproved frontage on lhe western side of the Baker property (which is the section the Coud of Appeals thought was "Old Arney Road'). All of Mr. Baker's fronlage was correctly included in the calculations that resulted in the cost allocation adopted by the City Council in Resolution 1554. A clarifying map showing where reimbursable improvements were made is attached as Atlachment "B" to this report. Thus, there is no need to do a recalculation because the initial calculation/allocation was done correctly and appropriately. FINANCIAL IMPACT: There is no financial impact in the implementation of the proposed recommendation. 41 of 66 ATTACHMENT "A" ~H~m'~ /1 P~go_ _ Of i ARNEY ROAD/WOODLAND AVENUE STREEI IMPROVEMEN'[ DESCRIPTION: The street Improvements involve approximately 2,050 linear feet of road construction. Arney Road construction extends from the south edge of the Hershberger dealership to Woodland Avenue. Woodland Avenue was improved in the vicinity of Myrtle Street and at the intersection with tho highway. Also a new intersection to connect the old Arney Road segment with tho now roadway was also constructed. Tile new road is 48' wide allowing for two travel lanes, a two way center turn lane and bikelanos. Sidewalks ware also constructed and storm drainage was added to the roadway and a box culvert wes installed al the east tributary of Sonecal Crook under Arney Rood. 42 of 66 MAP SHOWING REIMBURSABLE PORTION OF ARNEY ROAD IMPROVEMENTS OvO~ '3^v 0~'~000,~ 43 of 66 THIS PAGE WAS INTENTIONALLY LEFT BLANK 44 of 66 April 8, 2005 TO: FROM: SUBJECT: Mayor and City Council through City Administrator D. Randall Westrick, Recreation and Parks Director Parks and Recreation Systems Development Charges (SDC) Revision RECOMMENDATIQN: Approve the attached resolution setting the amounts of the parks and recreation systems development charges, alternative rate review and alternative payment request imposed by Ordinance No. 2250; and establishing an effective date of May 1,2005 for imposition of the fees. BACKGROUND: Ordinance 2250 includes a provision for the City Administrator to adjust the rates to account for increased cost for construction and land acquisition. This adjustment will take effect January 1 of each year. Staff has collected the data for use in the formula to calculate this amount. The formula, as outlined in the Ordinance, uses the Engineer News Record Construction Cost Index for Seattle to calculate increased construction costs and Madon County Assessor's Office Average Market Value to calculate increased cost for land costs. The formula is: Change in Average Market Value x .50 + Chan.qe in Construction Cost Index x .50 = Systems Development Charge Adjustment Factor DISCUSSION: This item was brought before the City Council in January as a routine fee increase. At that time, the City Council did not act on the resolution after Councilor Bjelland raised questions regarding calculations for the change in market value. According to Ordinance No. 2250, "The adjustment factor shall be based on the change in average market value of all land in the city, according to the records of the County Tax Assessor .... ". Until this year, staff calculated this change based on the change in value of all real property, including new development. Agenda Item Review: City Administra~~ City Attorney//k//-~ Finance~2? 45 of 66 Mayor and City Council Apdl 8, 2005 Page 2 The above-described calculation resulted in rates that do not accurately reflect the change in market value. Therefore, staff has revised the calculations to use the trending that the Assessor has developed to calculate changes in existing property value for five classes of property. These classes include Residential, Commercial, Industrial, Multifomily and Rural. Each of these property classifications represents a different percentage of the City's total. To account for that difference, the trending was weighted with each classificotion's percentage of the total assessment. To arrive at this year's rates, the rate structures for previous years were recalculated using revised formula. FINANCIAL IMPACT: This miscalculation has resulted in overpayment of Parks SDC's by property developers in Woodburn. Staff is currently calculating the amounts of these over- payments for the purpose of providing refunds to all thus affected developers. The City Council will receive a full report on the extent of the refunds that will be made once a repayment schedule has been completed. A detailed calculation for the revised fee is attached. AHachments: Parks and Recreation SDC Revision Calculations- January 1,2005 Parks and Recreation SDC Resolution & Exhibit A 46 of 66 January 2005Parks and Recreation SDC Adjustment Calculation AQJUSte<I Index Total Adiusted Trend Change in Value x 50% January 2002 CCI January 2003 CCI Cha einValue x50% Annual Adjustment Rate Value 1 .O565 7561.980O 7864.08 Change 0.5283 1.0482 =~ecreation S fstems Develo ~ment Char ~eVlSeCl rar~a a.u n.~.,~ ........ ~ ~ Adjustment Rates Unit Current Rate Factor w/Adjust ,nge- amly welng nl~~~ Multi-Family/Dwelling Unil $1,484 1.0482 $1,556 Uni~ $915 1.0482 $959 r~on-res~ent~au~- mployc:, $25. 1.0482 $2~ 47 of 66 COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION SETTING AMOUNT OF THE PARKS AND RECREATION SYSTEMS DEVELOPMENT CHARGE, ALTERNATIVE RATE REVIEW FEE, ALTERNATIVE PAYMENT REQUEST FEE IMPOSED BY ORDINANCE NO. 2250; AND ESTABLISHING AN EFFECTIVE DATE FOR IMPOSITION OF THE FEES WHEREAS, ORS 223.297 - 223.314 authorizes local governments to impose system development charges: and WHEREAS, the City has developed methodologies to support the implementation of Parks and Recreation Systems Development Charge; and WHEREAS, the City has adopted Ordinance No. 2250 establishing Parks and Recreation Systems Development Charge; and WHEREAS, Ordinance No. 2250 provides that the amounts of the Parks and Recreation and Parks Systems Development shall be set by resolution; and WHEREAS, Ordinance No. 2250 provides for the imposition of fees to be charged for the review of alternative rates and alternative payment requests; and WHEREAS, Ordinance No. 2250 provides that the amounts of the fees to be charged for the review of alternative rates and alternative payment requests shall be set by resolution; NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. PARKS AND RECREATION SYSTEMS DEVELOPMENT CHARGE. The schedule of Parks and Recreation Systems Development Charge attached as Exhibit "^", and, by this reference, incorporated herein is hereby adopted to be imposed beginning the effective date identified in Section 3 of this resolution. Page 1 - Council Bill No. Resolution No. 48 of 66 Section 2. ALTERNATIVE RATE REVIEW FEE The minimum fee for review of an alternative rate calculation shall be two- hundred-and-fifty dollars ($250), to be paid at the time the alternative rate calculation is submitted for review. If the City hires a consultant to assist in reviewing the information submitted, the cost of the consultant's review shall be shared equally by the City and the applicant, and the applicant shall pay this additional fee at the time the City decides whether or not to accept the alternative rate. Section 3. EFFECTIVE DATE The effective date for imposition of the fees and charges identified in this resolution shall be May 1, 2005. Sec~on 4. REPEAL This Recreation Systems Development Charges. Resolution repeals all pdor resolutions, which establish Parks and Approved as to form:~.~~ City Atforney APPROVED: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder Al-rEST: Mary Tennant City Recorder City of Woodburn, Oregon Page 2- Council Bill No. Resolution No. 49 of 66 EXHIBIT "A" PARKS SYSTEM DEVELOPMENT CHARGE SCHEDULE EffectNe: May 1, 2005 DEVELOPMENT TYPE Single Family (also duplex, manufactured housing not in a park) SDC PER UNIT $1,448/dwelling unit Multi-Family $1,556/dwelling unit Manufactured housing (in a park) $959/dwelling unit Non-residential $26/employee 50 of 66 April 8, 2005 TO: FROM: SUBJECT: Mayor and City Council through City Administrator Scatt D. Russell, Chief of Police ~ Gang Grant Acceptance and IGA RECOMMENDATION: Pass the attached resolution authorizing the City Administrator to sign an Intergovernmental Agreement (IGA) with Marion County, through its Juvenile Department, for the administration of a state gang reduction grant. BA(~KGROUND: In March 2005, the Woodburn Police Department, in conjunction with the Marion County Juvenile Department, was awarded a state gang reduction grant in the amount of $16,482 for the purpose of providing extra gang enforcement overtime. DISCUSSION: Officers will utilize this overtime to work in concert with juvenile probation officers to verify local juvenile gang offenders are in compliance with conditions of their probations and to respond to in progress juvenile gang incidents. The attached resolution and IGA memorialize the conditions of grant appropriation. The City and Marion County are working to finalize a minor portion of the IGA language. The IGA attached to the resolution contains the City's preferred language for the final document. All grant moneys must be expended prior to June 30, 2005 and time is of the essence. The resolution grants authority to the City Administrator to sign the IGA in a form that is substantially similar ta that attached to the resolution. FINANCIAL IMPACT: $16,482 will be added to Police Department Overtime budget and offset by this grant. Agenda Item Review: City Administratal~'i~ City Attorney _~[,~ Finance,~ 51 of 66 COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH MARION COUNTY THROUGH ITS JUVENILE DEPARTMENT FOR THE ADMINISTRATION OF A STATE GANG REDUCTION GRANT AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SAID AGREEMENT. WHEREAS, in March 2005, the Woodburn Police Depadment in conjunction with the Madon County Juvenile Department was awarded a state gang reduction grant in the amount of $16,482.00; and WHEREAS, in order the spend the money from this grant, it is necessary to enter info an intergovernmental agreement with Madon County; and WHEREAS, under the intergovernmental agreement, the City will provide police officers and vehicles to participate in community surveillance teams fhaf focus on gang-related activities in conjunction with the staff of the Marion County Juvenile Depadment; and WHEREAS, under the intergovernmental agreement, the City will also collect and share information related to suspected gang activity through the Madon County Juvenile Department's CRIS information tracking system; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an Intergovernmental Agreement with the Marion County through its Juvenile Department for the administration of a state gang reduction grant. Section 2. That a copy of said Agreement in substantially final form is affixed to this Resolution as Attachment "A" and is by this reference incorporated herein. Section 3. That the City Administrator of the City of Woodburn is hereby authorized to sign said Agreement on behalf of the City of Woodburn in substantially the form attached. Page 1 - Council Bill No. Resolution No. 52 of 66 Approved as to form:~ Z~~__ 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 1 - Council Bill No. Resolution No. 53 of 66 INTERGOVERNMENTAL AGREEMENT EXHIBIT J/~ Page ~. of ~ PARTIES TO AGREEMENT This Agreement between CITY OF WOODBURN, hereafter called CITY, and Madon County, a political subdivision of the state of Oregon, hereafter called COUNTY, is made pursuant to ORS 190.010 (Cooperative Agreements). PURPOSE/STATEMENT OF WORK The purpose of this Agreement is to establish the terms and conditions under which CITY will provide law enforcement services to COUNTY. These services are further described in section 5.1 of this agreement. 3.2 3.3 3.4 TERM AND TERMINATION This Agreement shall be effective for the period commencing with the date of signing by CITY and ending on June 30, 2005 unless sooner terminated or modified as provided herein. Any modifications in the terms of such amendment shall be in writing. This agreement may be terminated by mutual consent of both parties at any time or by either party upon 30 days notice in writing and delivered by mail or in person. Any such termination of this agreement shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. COUNTY may terminate this agreement effective upon delivery of written notice to CITY or at such later date as may be established under any of the following conditions: ao If funding from federal, state, or other sources is not obtained or continued at levels sufficient to allow for the purchase of the indicated quantity of services. This agreement may be modified to accommodate a reduction in funds. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this agreement or are no longer eligible for the funding proposed for payments authorized by this agreement. If any license, certificate, or insurance required by law or regulation to be held by CITY to provide the services required by this agreement is for any reason denied, revoked or not renewed. Page 1 54 of 66 3.4 ~HIBIT ~ Page ~ of If CiTY fails to provide services called for by this agreement within the time specified herein or any extension thereof. If CITY fails to perform any of the provisions of this agreement or so fails to pursue the work as to endanger the performance of this agreement in accordance with its terms and after written notice from COUNTY, fails to correct such failure(s) within ten (10) days or such longer period as the COUNTY may authorize. Any such termination of this agreement shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. 4.2 FUNDING AND BILLING The total amount paid under this contract shall not exceed $16,482. Payments under this contract shall be made on a cost reimbursement basis, for community surveillance in conjunction with the Marion County Juvenile Department. Requests for payment shall be submitted to the COUNTY by May 10, 2005 for the months of March and April, June 10, 2005 for the month of May, and July 10, 2005 for the month of June, to the attention of Larry Oglesby, Juvenile Department Director, at the following address: 3030 Center St. NE, Salem, Oregon 97301. OBLIGATIONS UNDER THE TERMS OF THIS AGREEMENT UNDER THE TERMS OF THIS AGREEMENT, CITY SHALL: Provide police officers to participate in community surveillance teams that focus on gang-related activities, in conjunction with staff of the Madon County Juvenile Department. Activities will include accompanying juvenile department personnel who visit the homes of youth on probation, as well as visiting other locations where gang activity is suspected to occur. Provide police vehicles for activities listed in #1 above, including transporting youth found in violation of their probation to the Marion County Juvenile Department. Collect and share information related to suspected gang activity through the Marion County Juvenile Department's CRIS information tracking system in addition to other means available to Contractor. Page 2 55 of 66 5.2 UNDER THE TERMS OF THIS AGREEMENT, COUNTY SHALL: EXHIBIT /~ Page _3__ of_ ~' Provide general supervision of the community visitation program, including scheduling county staff, identifying the locations for the team to visit, coordinating schedules with CITY police personnel and other logistical needs the program requires. Provide access to the CRIS information collection and retrieval system to CITY police personnel in support of the program goals. Enter information into the CRIS system to assist law enforcement personnel in identifying suspected gang activity and persons engaging in such behavior. COMPLIANCE WITH APPLICABLE LAWS The parties agree that both shall comply with all federal, state, and local laws and ordinances applicable to the work to be done under this agreement. The parties agree that this agreement shall be administered and construed under the laws of the state of Oregon. NONDISCRIMINATION The parties agree to comply with all applicable requirements of Federal and State civil rights and rehabilitation statutes, rules and regulations in the performance of this agreement. HOLD HARMLESS To the extent permitted by law, County agrees to indemnify, defend, and hold City, its officers, agents, and employees, harmless from any and all claims, actions, liability or costs including attorney fees and other costs of defense, arising out of or in any way related to this Agreement, and arising from the sole negligence of County, its agents, employees and officers. To the extent permitted by law, City agrees to indemnify, defend, and hold County, its officers, agents, and employees, harmless from any and all claims, actions, liability or costs including attorney fees and other costs of defense, arising out of or in any way related to this Agreement, and arising from the sole negligence of City, its agents, employees and officers. INSURANCE City and County shall at all times keep in effect during the duration of this Agreement comprehensive liability insurance covering each respective party's Page 3 56 of 66 EXHIBIT Page ,,,q . of own acts and omissions under this Agreement. The parties may satisfy these requirements in any manner allowed by ORS 30.270. Such liability insurance, whatever the form, shall be in an amount not less than the limits of public body tort liability specified in ORS 30.270. 10. MERGER CLAUSE Parties concur and agree that this agreement constitutes the entire agreement between the parties. No waiver, consent, modification or change to the terms of this agreement shall bind either party unless in writing and signed by both parties. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. Parties, by the signatures below of their authorized representatives, hereby agree to be bound by its term and conditions. 11. NOTICES Any notice required to be given CITY or COUNTY under this Agreement shall be sufficient if given, in writing, by first class mail or in person as follows: For CITY: For COUNTY: Scott Russell, Chief Woodburn Police Department 270 Montgomery St. Woodburn, OR 97071 Larry Oglesby, Director Marion County Juvenile Department 3030 Center St. NE Salem, OR 97301 Page 4 57 of 66 SIGNATURES EXHIBIT -- ~ Page -~ of , 5' This agreement and any changes, alterations, modifications, or amendments will be effective when approved in writing by the authorized representative of the parties hereto as of the effective date set forth herein. In witness whereof, the parties hereto have caused this agreement to be executed on the date set forth below. FOR: CITY OF WOODBURN FOR: COUNTY Signature Date Title Dept Head Signature Date APPROVED AS TO FORM: Marion County Legal Counsel Date Marion County Contracts Date BOARD OF COMMISSIONERS Chair Commissioner Commissioner Date: Page 5 58 of 66 W_.OODBU____ N 11C April 11, 2005 TO: FROM: Honorable Mayor and City Council John C. Brown, City Administrator~ SUBJECT: Request to Upgrade Water Operator I Position RECOMMENDATION: It is recommended the City Council authorize an upgrade of the Water Operator I approved for 2004-2005 to a Water Operatar II. BACKGROUND: Last year, the Budget Committee and City Council approved a Water Treatment Operator I position, effective October 1, 2004. Funding of $37,342 was included in the Water division budget, to support the costs of this position for FY 2004-05. DISCUSSION: When the 2004-2005 budget was developed, it was the Public Works department's intent to hire a lead operator position for the new treatment plant. Although the depadment was still evaluating position requirements, it appeared an Operator I position might adequately serve the Water division's needs. It has since been determined, based on a more thorough understanding of the needs af the soon- to-be-completed water system upgrade and on an evaluation of staffing utilization in other jurisdictions with similar treatment systems, that an Operator II position will better suit division needs. To date, Public Works has not filled the position, but wauld like to fill the position now, as the new water treatment plant will saon be fully operational. As well, the water division is requesting a second Operator position for 2005-06, which is requested at the Operator I level. As there is need for an Operator II level position, and as it is desirable ta bdng that position on board prior to hiring an Operator I, it is respectfully requested that the Council authorize at the present time the upgrade of the Water Operator I listed in the approved 2004-2005 budget to a Water Operator II. FINANCIAL IMPACT: Adequate funds are budgeted and available to cover the cost of the recommended action. Agenda Item Review: City Administrator-~-.~}~1~'' City Attorney Finance 59 of 66 THIS PAGE WAS INTENTIONALLY LEFT BLANK 60 of 66 WOODBURN 11D April 11,2005 TO: FROM: SUBJECT: Honorable Mayor and City Council John C. Brown, City Administrator~ Sponsorship of a CDBG Grant Application for the Marion County Housing Authority RECOMMENDATION: It is recommended the City Council agree to sponsor an application for a Communify Development Block Grant on behalf of the Marion County Housing Authority. BACKGROUND: The Marion County Housing Authority proposes to build Hazelwood Estates, a 32- unit affordable senior housing project, on Carol Street in Woodburn. The Planning Commission recently approved the project, but necessary re-designs will prompt additional planning consideration of variance requests. The project is funded by a variety of sources, including Housing Authority funds, grants, and tax credits. This project has been in pre-development for the past two years. Development costs during that time increased such that the Housing Authority now requires financing beyond its existing means to construct offsite improvements required by the City of Woodburn; streets, sidewalks, and storm sewers. A Community Development Block Grant can support these costs. The Housing Authority is, however, precluded from applying for a CDBG grant to pay for improvements that will become the City's. The Cify must apply for that grant. The Housing Authority, and the County Board of Commissioners have formally asked the Mayor And Council to consider such an action (Attachments 1 and 2). Agenda Item Review: City Administrator~ 61 of 66 City Attorney Honorable Mayor and City Council April 11, 2005 Page 2 DISCUSSION: Discussions were held between Housing Authority and City staff during the past two years, on the City's willingness to relax or waive offsite improvement requirements, and on means of tunding these improvements including City sponsorship of a CDBG grant application. The Council's position is that offsite improvement requirements should not be waived; that position was conveyed to the Housing Authority. Based on past experience with sponsoring a CDBG grant for another agency, staff advised the Authority that the City preferred not to sponsor a CDBG application on the Authority's behalf. Finally, staff indicated no City funds are available for the project. Authority and City staff explored alternatives to fund the requisite offsite improvements, but found nothing viable. If this project is to be built at the present time, to address the needs documented by the Authority for Iow-income senior housing in Woodburn, it appears that City sponsorship of a CDBG grant is needed. Staff concerns regarding the requested application were threefold: time required to administer a grant, lack of CDBG funding available to cover grant administration and compliance costs, and the impact of this application the City's ability to seek CDBG funding for its own projects. As noted in the attached letter, the Housing Authority will obtain grant administration services from the Mid-Willamette Valley Cauncil of Governments (COG). The Authority also proposes to pay for all non grant-reimbursed administrative costs from its own funds, for services provided by the COG and for time spent by City staff. If the Council approves the County's request, this arrangement should be formalized with an agreement. CDBG regulations allow the City no more than three open grants at one time. Currently, the City may apply for all three of the grants it is allowed. Three applications are currently under consideration or in initial stages of preparation by City departments: a grant to construct an activity/community center, a grant for a portion of Phase I of the Library expansion project, and a grant to complete the interior of the Association Hall. One of these applications may be delayed, if the City sponsors a grant for the Authority. Of the three applications the City will submit, however, none is ready and it is unlikely all three will be submitted before the end of the calendar year. In the meanwhile, the Authority projects, if construction begins on time, it can build its project by February 2006. Once these monies are expended, the City regains its standing to apply for the third grant (assuming it already applied for the other two by then). 62 of 66 Honorable Mayor and City Council April 11,2005 Page 3 Given the Authority's assurances regarding administrative costs, and the strong likelihood that sponsorship of a grant for the Housing Authority will not significantly impact the City's ability to seek funding for its own projects when it is ready to do so, your approval of the County's request is respectfully recommended. With your approval, the COG will prepare an application, which will be presented to your Council in the near future for review and consideration at a public hearing convened for that purpose. FINANCIAL IMPACT: All City costs associated with the recommended action will be supported by a CDBG grant, or will be paid from Housing Authority funds. 63 of 66 A'rrACHMENT 1 Marion Coun,ff OREGON County Housing Authority (503) 372 ~.~.~.8 FAX (503) 373-4439 TDD (503)-373-4459 HOUSING AUTHORITY BOARD OF COMMISSIONERS Janet Carlson Patti Milne Sam Brentano EXECUTIVE DIRECTOR Dennis C Kilfoil March 31, 2005 Honorable Mayor Figley City of Woodbum 270 Montgomery 97071 Re: Community Block Grant Funds Dear Mayor Figley: As you are aware, Marion County Housing Authority is planning to develop thirty-two (32) units of affordable senior housing on Carol Street in Woodbum. The project, called Hazelwood Estates has been in predevelopmem for the past two (2) years and has recently been funded by the state housing agency, Oregon Housing and Community Services. The administration and planning staff for the City of Woodbum have been extremely courteous and helpful during this predevelopment phase. However, there is one phase of the development, which I am asking for your support. The offsite infrastructure such as street, sidewalks and storm sewers is typically developed with funds from the Community Development Block Grant (CDBG) program that support low-income housing. The CDBG program allows a municipality a total of three (3) open grants per annual period. Marion County Housing Authority, is requesting, that the City of Woodburn provide for the offsite infrastructure for Hazelwood Estates through the city's CDBG program. The City of Woodbum's support will mean a great deal to the low income seniors that need low-income housing in Woodbum. Marion County Housing understands that the City of Woodburn has had problems with similar projects in the past. I would like to ensure you and the city, that the Housing Authority will be responsible for any administration not adequately provided by the CDBG grant. 64 of 66 EQUAL HOUSING OPPORTUNITY PO BOX 14500 · Salem, Oregon 97309-5036 Woodbum CDBG March 31, 2005 Page 2 If the city were amenable to this arrangement, it would be my preference to work with Ray Teasley and the Council of Governments (COG) to expedite the administration of the grant. I believe the City of Woodbum will be pleased with the development of Hazelwood Estates and the support for this project by local service providers, such as Mid Willamette Valley Senior Services, Chemeketa Center for Learning in Retirement and the Senior Wheels project. In closing, I want to thank you for your consideration on behalf of Marion County Housing Authority and our board. Please see the attached letter of support from the Marion County Commissioners. Call me, if you have any questions. I can be reached at (503) 373-4470 Respectfully, , Dennis C. Kilfoil Executive Director Attachment Cc Marion County Board of Commissioners 65 of 66 ATTACHMENT Marion County OREGON BOARD OF COMMISSIONERS (503) 588-5212 (503) 588-5237 - FAX BOARD OF COMMISSIONERS Janet Carlson Sam Brentano Patti Milne CHIEF ADMINISTRATIVE OFFICER John Lattimer April 5, 2005 Honorable Mayor Figley City of Woodbum 270 Montgomery 97071 Dear Mayor Figley: The Board of Commissions for Marion County understand that Marion County Housing Authority is requesting your support for a City sponsored Community Development Block Grant for the project called Hazelwood Estates. The Housing Director, Dennis Kilfoil has kept the board informed with the development of this affordable homing project for seniors. Mr. Kilfoil has also demonstrated the need and demand for such housing in Woodburn and the support by local leaders and service agencies. The development of this type of senior housing, meets the intent of the Marion County mission to provide safety and shelter for the most vulnerable of its citizens. Therefore, the Marion County Commissioners hereby request your support, through your Community Development Block Grant program for this very important project in Woodburn. Our sincere thank you, Sam Brentano Commissioner Chair Marion County . 555 Court St. NE · P.O. 1~ 11~08~ Salem, OR 97309-5036 · www. co.marion, or. us ARNE¥ ROAD REIMBURSEMENT DISTRICT Exhibit #1 Clarification Hrg 4/11/0'~-' Roger A. Alfied Paos~: 503.727.2094 FAX: 503.346.2094 m^..: ralfred@perkinscoie.com Perkins Cole ~2o N.W. Couch Street, Tenth Floor Portland, OR 972o9-4128 PHONE: 5o3.727.2ooo FAX: 503.72.7.2222 www. perkinscoie.corn April 11, 2005 VIA EMAIL Mayor Figley and Woodburn City Council City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 Re: Arney Road Reimbursement District Dear Mayor Figley and Members of the Council: This office represents Craig Realty Group-Woodburn, LLC with respect to the Arney Road Reimbursement District. We concur with Frank Tiwari's Director's Report dated March 30, 2005, and write only to add a few additional points in support of adopting the Director's Report and re-affirming the City Council's previous decision establishing the Reimbursement District in 1999. First, it must be emphasized that the hearing tonight is for the extremely limited purpose of responding to a narrow question raised by the Oregon Court of Appeals. The Court of Appeals upheld the City of Woodburn's decision regarding the reimbursement district in its entirety. However, in doing so, the court raised one question, by way of clarification. Paraphrased, that question is: "did the city's reimbursement district properly include all of Mr. Baker's frontage on Arney Road, including the portion on the west side of property?" As explained in the Director's Report, the answer to this question is: "yes, all of Mr. Baker's frontage was correctly included in the previous allocation of improvement costs." Tonight's proceeding does not provide a forum to revisit any other element of the Council's prior decision approving the reimbursement district. The reason this question is back before the Council is very simple. In addition to the "Old Arney Road" confusion noted in Mr. Tiwari's Report, the map of the [37836-0003/PA051010.079] ANCHORAGE · BEtJING · BELLEVUE · BOISE · CHICAGO · DENVER - HONG KONG · LOS ANGELES MENLO PARK - OLYMPIA . PORTLAND · SAN FRANCISCO ' SEATTLE · WASHINGTON, D.C. Perkins Cole LLP and Affiliates April 11, 2005 Page 2 reimbursable portion of street improvements that was attached to the Director's Report in 1999 did not clearly identify (by the dotted line) that the frontage "around the corner" of Mr. Baker's property on Arney Road was included as part of the total improvement costs for the reimbursement district. A copy of the 1999 Director's Report map is attached to this letter as Exhibit A. However, it must be emphasized that although the 1999 map referenced by the Court of Appeals did not clearly depict the full extent of the frontage included in the reimbursement district, the City Council's actual decision in 1999 clearly did include the improvements that were made "around the corner" of Mr. Baker's frontage, on what the Court of Appeals identified as Old Amey Road. Two additional attachments to the 1999 Director's Report are attached as Exhibits B and C. Exhibit B is a map showing the properties and corresponding frontage that was included in the reimbursement district. Exhibit C is the table of cost allocations, which was based on a combination of area and frontage. The frontage identified for Mr. Baker's property is 458 feet, which includes the entire frontage around the comer of Arney Road. The Council's inclusion of all of Mr. Baker's property is also revealed by the discussions at the City Council hearing in 1999. A portion of the transcript from the September 13, 1999 City Council hearing is attached as Exhibit D. At the hearing, Mr. Tiwari responded to a question from the Council by explaining that the frontage of the Baker property included in the reimbursement district does "wrap around the corner" of Arney Road. Reimbursable improvements to Arney Road were made all along Mr. Baker's Amey Road frontage, including the west side of his property on what the Court of Appeals identified as Old Arney Road. All of that frontage was properly included in the total amount of reimbursable improvements for purposes of the City Council's 1999 decision. Therefore, the City Council should adopt the Director's Report dated March 30, 2005 and re-affirm its previous decision. Roger A. Alfred RAA:jmm Enclosure cc: Craig Realty Group [37836-0003/PA051010.079] 04/11/05 I I t I I t I I A'I-I'ACH M ENT "'A' MAP SHOWING REIMBURSABLE PORTION OF ARNEY ROAD IMPROVEMENTS '3A¥ ~Y033 ER-29 'O~ N33~O~3A.3 '3^¥ O~iOOOM ATTACHMENT "B" REIMBURSEMENT PROPERTIES ARNEY ROAD ER-31 2wO1C '1 ~'.~ COP, 101 ~03 00 03 0 ROAD ', f ER-32 I. ATTACHMENT 'C" JJ i ALLOCAI"[ON OF IMRPOVEMENT COS'I FOR THE PROPER'l-lES LOCA~D IN TF % ~ ARNEY ROAD REIMBURSEMENT il ~- ~ - ,.. ,_. ,,, ~ ~. d ~zo~ ,~ ~ ~ o o 8 tu ~1 i ~~'~~*l ~- ~o WOODBURN CITY COUNCIL, 9/13/99 ER-50 97 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 25 THE MAYOR: MR. TIWARI: THE MAYOR: And we mitigated that for them? Part of it. I guess my other question is: In all of your research, have you found that the State owns property across from that Parcel 3? MR. TIWARI: There is a strip of land across -- not all the way. A portion of 3 is a strip of land owned by State; that's correct. deducted? THE MAYOR: MR. TIWARI: Was that -- Was that footage In frontage, it was considered as if it is entire Bush -- Bushes' property, because it was such a -- narrow a strip that we did not consider that that should be excluded. COUNCILLOR PUGH: What was the width? MR. TIWARI: Pardon me? COUNCILLOR PUGH: You said "a narrow strip." Can you get more specific? MR. TIWARI: I don't know the depth exactly. MR. SPINRAD: MR. TIWARI: accept that. Ten feet. They said 10 feet, and I will COUNCILLOR BJELLAND: Frank, on the frontage on the Baker property, does that frontage MARIJANE W. SIMON, C.S.R. (503) 222 ER-51 NOODBURN CITY COUNCIL, 9/13/99 98 II ii Il Il Il II Il Il Ii i i II d Id d d 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 wrap around the corner onto Woodland Avenue, then? MR. TIWARI: On Arney, it does; yes, that's correct. COUNCILLOR PUGH: Yes, it does. MR. TIWARI: A portion of the frontage goes along on that Arney Road. THE MAYOR: Around the corner? MR. TIWARI: That,s correct, because that's the developable property. And I have written down some of the costs, and I may present it a little later after everybody gets done. So when you give me opportunity, I will. MR. CRAIG: under 30 minutes. I'm going to try to keep mine COUNCILLOR KILMURRAY: Thank you. MR. CRAIG: I'm going to do that without addressing any of the suggestions of profit motivation on the part of our company. I think that was uncalled for and very unprofessional, and I'll leave it at that. First of all, with respect to a comment that was made by Mr. Kelley, and forgive me if it was made by the other attorney, we are not asking for credit for any work on Arney Road that has to do with our frontage. MARIJANE W. SIMON, C.S.R. (503) 222-3222 __ARNEY ROAD Exhibit #2 DONALD M. KE1,LEY PtllLIP T. KEI,LEY F'ATRICK E. DOYLE DAVID A. WENDELL KELLEY. KELLEY- DOYLE .4ttorneys and Counselors 110 NORTH SECOND STREET $ILVERTON, OREGON 97381 April 11, 2005 City Council Members Woodbum City Council 270 Montgomery Street Woodbum, OR 97071 REIMBURSEMENT DISTRICT Clarification Hrg 4/11/05 AREA CODE 503 TELEPHONE 873-8671 Dear City Council Members: As indicated by Mr. Tiwari's report, the City Council has the option to "...reconsider the allocation of costs to Mr. Baker's property." This is not only an option, it is the correct option. The portion of Amey Road ("Old Amey Road") between "new" Amey Road and Highway 219 was never included in the reimbursable portion of the Amey Road Reimbursement District. First, the Applicant, Steve Craig of Craig Realty did not apply to have "Old Amey Road" included in the reimbursable portion of the district. At the City Council meeting on September 13, 1999, Mr. Craig (and Mr. Tiwari) discussed the project with the City Council. Mr. Craig describes the district to the Council: "... starting at the ODOT property, going west and then turning south at Woodland Avenue, if you took all those costs, including the engineering costs, once again, that we paid for ..... and if you include the approximate - - I'm looking for the number, Frank. Call it $5,000 for the administrative fee for the Amey Road portion" [Mr. Tiwari:] "Pretty close." Exhibit 1. Note that Mr. Craig does not describe the portion of Old Amey Road now claimed to be part of the reimbursable portion of the district. Simply put, Mr. Craig accurately described the reimbursable portion of the property that his company was applying for. Mr. Tiwari understood that at the time. Everyone involved knew there was no intent to charge Mr. Baker for the frontage extending around the comer because there was no separate benefit to Mr. Baker. The improvements extending around the comer did not increase the value of Mr. Baker's (Baker-04-55-LT Coun¢ill Doc - 4/I 112005) City Council Members Woodbum City Council April 11, 2005 Page 2 property since it was the same property regardless of which side it is viewed from. The "Old Amey Road" frontage was, therefore, not included in the reimbursable portion of the district. Mr. Tiwari took what Mr. Craig described, and what was understood by all the parties, and put it into his report accompanying the City's resolution. "The project" (as he described it) was shown on Attachment "A" to the report which shows the reimbursable portion of the Arney Road improvements. Exhibit 2. Attachment "A" is the only description of the reimbursable portion of the project in the resolution. Before the Court of Appeals, Craig Realty and the City cited Mr. Tiwari's report along with Attachment "A" in their joint argument. They wrote: "The map reproduced below depicts the complete length of the new and improved Arney Road. The map identifies the portions of the road that were identified in the Resolution as the 'reimbursable portion of street improvements' * * *." Appellants Craig Realty Group-Woodburn, LLC's and City of Woodburn's Joint Opening Brief citing Excerpt of Record 29, Director's Report, Attachment A at 2. Exhibit 3. Now almost five years later, there is no need to change the reimbursable portion of the district. Consistent with the Court of Appeals order, the City Council should recalculate the fees owed by Mr. Baker under the Amey Road reimbursement district without the Old Amey Road frontage. Since Craig Realty has recognized that the "Old Arney Road" improvements should not be included, the City should not disagree with him. Yours truly, KELLEY * KELLEY * DOYLE DONALD M. KELLEY DMK:msk pc: Dale Baker WOODBURN CITY COUNCIL, 9/13/99 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 about 172,000, plus or minus; is that right? MR. TIWARI: Seventy-five. MR. CRAIG: For those of you that were sitting on the Council -- I know we've had a change in Council since that took place before this was put in place -- one of the provisions that Frank had requested is that our company pay, solely, on'a nonreimbursable basis, all the engineering costs associated with the project. Frank requested that. We obliged to that. And I'm sure Frank would tell you that in no place in the requested reimbursement was there any moneys for engineering. The total cost of that engineering work was approximately $30,000. Additionally -- I'm not sure Frank pointed it out. If he didn't, I'll -- I will. The administrative fee that he has referred to in this resolution is an administrative fee that our company would pay. When you take into account the engineering costs, when you take into account the administered costs, the total cost of this traffic signal was approximately $208,028 Of that $208,028, our company will have paid, providing that the other people that are proposed to participate do pay us -- WOODBURN CITY COUNCIL, 9/13/99 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and that's -- remains to be seen at this point -- our company will have paid $99,570 of that 208, or approximately 47.86 percent. So when you're sort of thinking through that-; and thinking: Well, gee, is Craig paying enough? Is that his fair share? Really, we're paying for half of the traffic signal. With respect to the Arney Road widening, and I realize we're not talking about that, but I just want to tuck a number in the back of your head while you're up there. While I don't have the numbers, because I didn't get that far, I do have the percentage, and the percentage of the Arney Road extension -- and this is everything from just south of Ward Hershberger's property -- Maybe, as a side note here, if I can interrupt myself, and we may hear some comment on it later, and I may come back to address it, Mr. Hershberger and myself did 100 percent of the improvements to our particular portion of the property, so there was no part of our straight frontage, the portion that -- If you took a 90-degree line at the edge of the property points and went straight out, not one inch of that area was part of the Reimbursement District for Arney Road. We did Exhibit , MARIJANE W. SIMON, C.S.R. (503) WOODBURN CITY COUNCIL, 9/13/99 26 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that solely ourselves, as well as the new, quote, 5R-37 unquote, Sprague Lane. But leaving those areas out and starting at the ODOT property, going west and then turning south at Woodland Avenue, if you took all the costs, including the engineering costs, once again, that we paid for -- and if you include the approximate -- I'm looking for the number, Frank. Call it $5,000 for the administrative fee for the Arney Road portion. MR. TIWARI: Pretty close. MR. CRAIG: Our portion was 52.33 percent, so we paid slightly over half of that, just slightly under half of the traffic signal. I think that we, by far and away, have met the spirit of my, quote, fair s~are of the cost, as well as timely completion of that, and as a parting shot, well ahead of our one and only side -- that was paid for an~ designed by I remain here to answer any questions and come back up~ at any time. THE ~AYOR: Any right now? COUNCILLOR FIGLEY: Not right now, no. Thank you. COUNCILLOR KILMURRAY: Thank you. MR. CRAIG: Again~ thanks to Frank, Randy, Exhibit_.L._ MARIJANE W. SIMON, C.S.R. ATTACHMENT "A" ER-29 MAP SHOWING REIMBURSABLE PORT[ON OF ARNEY ROAD IMPROVEMENTS ~¥~ NOO3UO 'OH N33HOH~ '~A¥ NOSAi~q $ _ i 1. r 1, '~v Ot, tv3OOOa Exhibit....~ Page /_of_L__ 8 The map reproduced below depicts the complete length of the new and improved Amey Road. The map identifies the portions of the road that were identified in the Resolution as the "reimbursable portion of street improvements" (south of the Hershberger dealership) and the "non-reimbursable portion of street improvements" (directly abutting the properties of Hershberger and Craig Realty). REIMBURSABLE PORTION OF STREET IMPROVEMENTS' / NOK~-RE~MBURSABLE PORTION OF STREET IMPROVEMENTS' . STATE H~¥Y NO 2'I4 (ER 29, Director's Report, A~achment A at 2.) When Craig Realty s{~bs!nluenfly petitioned the City to establish a reimbursement district, none of the costs incurred in completing the northeasterly improvements to Amey Road abutting the properties of Craig Realty and Hershberger were included in the costs later allocated to the reimbursement district and its members. (ER 36-37, City Tr. at 25-26.) As explained at the public hearing before the City Council on September 13, 1999, "[Craig Realty] is not asking for credit for any work on Arney Road that has to do with [Craig Realty's] frontage." (ER 51, City Tr. at 98.) PA0~0370.181 Exhibit Page j_of_L-- CANNERYRD CANNERYRD Woodburn School District Strategic Plan Update - February 2005 Summary Sheet Input Session Participation (Target: 360 People) 100 Parents 348 Staff 45 WHS Students 28 Key Communicators 30 Core Team Members 551 Total Participants Core Team Work Strategy One - Results 1, 3 and 4 were identified as priorities. Strategy Two - All Results were identified as priorities. Strategy Three - Results 3, 5, 6 and 7 were identified as priorities Strategy Four - Results 1, 2 and 6 were identified as priorities. Strategy Five - Results 1, 3, 4 and 6 were identified as priorities. In addition to "word-smithing" and identifying which results should have attention next school year (within each strategy), the Core Planning Team also identified which of the strategies should have the most focus during 2005-06. They chose: Strategy Two - We will continually align and integrate all K-12 curriculum in order to achieve our strategic objectives and mission in a way that ensures student understanding of its relationship to their lives, now and in the future. Strategy Four - We will engage all members of our diverse community, uniting our talents to support the achievement of our strategic objectives and mission. WOODBURN SCHOOL DISTRICT STRATEGIC PLAN DIVERSE UNIFIED IN CULTURE; IN MISSION Board Approved March 17, 2005 MISSION Engage and inspire all students to achieve challenging goals and aspirations, and contribute to a diverse world. 3 WOODBURN SCHOOL DISTRICT Strategic Plan 2002-2007 STRATEGIC OBJECTIVES By the year 2007: All students will willingly engage with our diverse community to contribute to the well- being of others. All students will use their learning to continually set, plan and achieve challenging goals in pursuit of their aspirations. 5 WOODBURN SCHOOL DISTRICT Strategic Plan 2002-2007 S TEGIES 1. We will create and implement a retention, recruitment and development system that results in all staff embracing our core values with the commitment and energy essential to achieve our strategic objectives and mission. 2. We will continually align and integrate all K-12 curriculum in order to achieve our strategic objectives and mission in a way that ensures student understanding of its relationship to their lives, now and in the future. 3. We will design and implement a system so that all students will be literate in more than one language to achieve the strategic objectives. 4. We will engage all members of our diverse community, uniting our talents to support the achievement of our strategic objectives and mission. 5. We will create a culture throughout the school and community that results in all students believing in their capacity to achieve their goals and aspirations, and acting on their belief. 7 WOODBURN SCHOOL DISTRICT Strategic Plan 2002-2007 S TRA TE G Y 2 We will continually align and integrate all K-12 curriculum in order to achieve our strategic objectives and mission in a way that ensures student understanding of its relationship to their lives, now and in the future. Curriculum is aligned and articulated across grade levels and schools with high expectations for each grade level. (Priority la) Teachers collaborate to create and implement annual work plans, unit designs and common assessments based on concepts, which cross curricular lines and explore student career options. (Priority 2) Curriculum and staff development are aligned to promote curricular delivery, which guides students to use logic, reasoning and inquiry skills to interrelate concepts and competencies across the curriculum. (Priority lb) Small learning communities are created to provide all students guidance, mentoring and assistance through relationships and organized activities to achieve academic success. (Priority 3) 9 WOODBURN SCHOOL DISTRICT Strategic Plan 2002-2007 S TRA TE G Y 4 We will engage all members of our diverse community, uniting our talents t° support the achievement of our'strategic objectives and mission. o o o o Meaningful, two-way communication is strengthened as WSD and community partners effectively engage families. (Priority 2) Student achievement is increased by families' active engagement in student learning. (Priority 1) WSD provides opportunities for students, families and community members to participate together in recreational, enrichment and learning activities beyond the school day and throughout the year. Community members are welcomed and valued as part of classroom instruction to support student achievement. Service learning is integrated into the K-12 curriculum. Students learn by applying their skills in community and workplace settings. Students feel they have achieved value in the community, having participated and made a contribution to the well being of the community. (Priority 3) Students, staff, parents and community members understand the many aspects of diversity, not just general categories of ethnicity. 11 WOODBURN SCHOOL DISTRICT Strategic Plan 2002-2007 INSIDE 2 Executive Director's Notebook 3 Focus on the Standards 4 From the Field 7 Council Update 8 Resources NSDC's goal is that all teachers in oil schools will experience high-quality professional learning as part of their daily work by 2007. FEBRUARY 2005 WWW. NSDC.ORG E S U LT PUBLISHED BY THE NATIONAL STAFF DEVELOPMENT COUNCIL · (800) 727-7288 CLOSING THE LANGUAGE Teachers map curriculum, examine data, collaborate GAP T' eachers at Heri- tage Elemen- tary School in rural Wood- burn, Oregon were stumped. The school's Russian-speaking, English language learners were doing demonstrably better thnn other students on Oregon's statewide math assessment. Over two years, 80% of these students in 3rd and 5th grade were meeting or exceeding the math standards, compared with 66% of all students. How could this be7 Students who are still learning the English language are supposed to do worse than native speak- ers. Other schools might never have no- ticed the difference in such a group of students. The discovery of the difference and the professional investigation to dis- cern the reasons for such differences is BY JOAN RICHARDSON the kind of work that sets Heritage El- ementary School apart from other schools. At Heritage, teachers have built a culture that encourages working to- gether, asking questions about different practices, and enabling teachers to feel safe when others are asking questions about their practice. In this instance. Heritage teachers speculated that parents of these students valued math education more than literacy and so the children had higher expectations at home. Could that be the cause? By probing the data even more, teachers learned that students who scored the high- est had teachers who had the deepest understanding of the mathematical concepts. Per- haps the difference in achieve- ment could be explained by teacher knowledge. Finally, they asked teach- ers of the high-performing stu- dents to explain exactly what they did in class. "Eventually, ~ve learned that these teachers made sure their students knew the language of math. They made sure their kids were fluent in it," said princi- pal Kathy Larson. When the curriculmn was translated into Russian. these teachers ensured that the translation used the correct math- ematical terms. Native English speak- Continued on Page 6 Closing the language gap Continued from Page 1 ers, by contrast, were learning math by using some "engaging language," Larson said. For example, instead of calling a protractor by its proper name, other teachers were calling it a "turtle turner" when they worked with native English speakers. This was, said principal Larson, a big "aha" moment for teachers. From that point on, all teachers taught using the cor- rect mathematical terms. Such deep professional learning is typical at Heritage, a school that has in- vested heavily in professional develop- ment. In the last five years, teachers have worked together to create common cur- riculum maps around standards and con- cepts, developed common assessments, analyzed their math curriculum, learned new strategies for teaching literacy, and organized themselves for lesson study and looking at student work. This exten- sive common work has opened numer- ous channels for conversation and trust- building and helped create the culture of the school today, said Kay Psencik, a con- sultant contracted through NSDC to pro- vide ongoing professional learning tied to the NSDC Standards for Staff Devel- opment. GROWTH IN LEARNING When Heritage tested all 3rd and 5th graders in math and reading in 1999, only 41% of the combined grades met the state's reading standard and only 23.5% met the math standard. (Oregon averages performance of 3rd and 5th graders in math and reading to create its measure- ment of student progress.) Those results were Iow enough to earn the school a spot on the state's list of lowest performing schools. By 2003, however, 52% of all 3rd and 5th graders met the reading standard and 66% met the math standard. With those results, the school came off the state's Iow-performing list. "That was a big. big success for us," Larson said. MAKING PROGRESS TOWARD THAT GOAL Psencik said the school is "remark- able and rare" in its commitment to en- able teachers to work deeply with a few significant strategies and to stay with those strategies over time. The school's process is built on pro- viding what Psencik calls "long-term immersion training" for every curricn- lum and instroctional strategy they use. The Heritage staff has devoted a great deal of time learning how students ac- quire language and what constitutes a good reader and thinker. "They have carefully selected strategies based on the needs of their students and what the re- search says about increasing student learning of second kmguage learners and learners who come from poverty." she said. The school contracts with experts to provide an initial dose of training in each strategy and then typically has the expert return to the school four to five times a year, working with different grade levels or teams. During this process, the expert is also developing internal coaches who support teachers in using each strategy after the expert has moved on. In addi- tion, new staff members gets a special dose of immersion training in the strat- egy to ensure that they're up to speed with the rest of the staff. Heritage teachers also work to deeply understand the state curriculum standards. "They search for the essential standards and find connections among them. They uncover the concepts that support the standards to ensure students have deep understandings as w'ell as skills." Psencik said. By organizing the curricuhnn them- selves, teachers saw gaps as well as du- plications. But eventually they realized that mapping itself was insufficient. "We wanted to be able to synthesize the stan- dards and not just arrange them into growing piles of co~npetencies. We needed to learn to synthesize and to deepen our focus." Larson said. As they develop their own under- standing of the standards, Heritage teach- ers create conlnlon grade-level curricu- lum maps? common units of study, corn- mort assessments, and culminating dem- onstrations (performances. projects, etc.) for each unit of studv. They also align their maps K-5 to ensure appropriate overlaps and to relnove gaps, Psencik said. "rVlapping our curriculum is not a 'best practice' to us. It's survival, lt's the only way thal all of our children will be on thc same page. the only wa>, we can ensure that they're ready for middle school," Larson said. Teacher teams als() monitor student progress regularly, using district assess- ments plus their own informal and for mai cuhninating demonstrations. These teams then regronp students or extend learning time for students who are not developing competence in the standards. Psencik said. Undergirding all of this is a web of leadership that ensures that teachers throughout the building have a voice in their work. A leadership team of grade- level chairs acts as an internal clearing- honse for ideas on professional develop- merit and what's working and not work- lng in the classroom, and also takes the lead in the school's efforts to explore stu- dent data. These leaders take ideas back to their grade-level teams and, in what Larson describes as a "zigzagging ap- proach.'' ensures that information gets shared and that ex eryone has a chance to contribute. P,z©E /, ~ RESULTS~ FtBRUA~Y 7005 i&Ti©Na-t STAFF S TRA TE G Y 5 We will create a culture throughout the school and community that results in all students believing in their capacity to achieve their goals and aspirations, and acting on their belief. o A systemic approach to goal setting, that engages staff, students and families, is implemented K,12. (Priority lb) A staff development model exists that systematically connects to and supports student achievement of the strategic objectives. Staff and families' behaviors reflect high expectations for all students. (Priority Ia) Teachers analyze and reflect on student achievement data to assist students in the pursuit of their goals and aspirations. (Priority 3) Systems of scheduling, student groupings and curricular offerings support the high expectations of our school community. Support'systems are in place to help students acquire skills, knowledge and behaviors necessary to achieve academic success. (Priority 2) 7. The community supports student-learning opportunities. 12 WOODBURN SCHOOL DISTRICT Strategic Plan 2002-2007 S TRA TE G Y 3 We will design and implement a system so that all students will be literate in more than one language to achieve the strategic objectives. 1. All school board members, administrators and staff members are knowledgeable about and actively support the second language program. 2. District employees clearly communicate and promote the second language program to staff, students, parents and the larger community. 3. Students and parents are informed about and select from among different second language pathways at various entrance points within the pathways. (Priority 3) 4. The second language curriculum addresses proficiency in listening, speaking, reading and writing. 5. The second language curriculum makes explicit the connection between languages and cultures. (Priority lb) 6. The second language curriculum is aligned and articulated K-12 with different pathways (CIM, PASS, and IB) and proficiency expectations. (Priority la) 7. Second language teachers integrate the concepts from math, science, language arts and social studies to teach a second language. (Priority 2) 8. As part of the International Baccalaureate pathway, two-way immersion ensures that students achieve the highest levels of first and second language proficiency. 9. Student achievement and program success are evaluated regularly. 10 WOODBURN SCHOOL DISTRICT Strategic Plan 2002-2007 STRATEGY 1 We will create and' implement a retention, recruitment and development system that results in all staff embracing our core values with the commitment and energy essential to achieve our strategic objectives and mission. 1. All staff members understand their role in helping students achieve challenging goals and aspirations. (Priority 1) o All staff members are responsible and held accountable for job specific skills in addition to a district-wide set of attitudes and behaviors that support student- achievement of challenging goals and aspirations. 3. All staff members feel valued for the contributions they make toward helping students achieve challenging goals and aspirations. (Priority 2) 4. Recruitment system attracts applicants with the skills, attitudes and behaviors that support our Strategic Plan. (Priority 3) 5. Hiring and initial orientation processes ensure that all new employees support the Strategic Plan. 8 WOODBURN SCHOOL DISTRICT Strategic Plan 2002-2007 S TRA TE GIC D EL IMI TER S We will unless: not adopt any new program or service It is consistent with and contributes to our mission. It is accompanied by a plan to assess its effectiveness. We will not give up on any stuc.ent. 6 WOODBURN SCHOOL DISTRICT Strategic Plan 2002-2007 CORE VALUES FamilY is the strongest influence on the and development of an individual. growth All people have equal, inherent value. People are accountable for their choices. Diversity is a strength. Mutual integrity, trust and respect are essential for healthy relationships. Learning is key to the survival and advancement of the human race. A community thrives when its members recognize and value their interdependence. 4 WOODBURN SCHOOL DISTRICT Strategic Plan 2002-2007 m O1 Female (169) Limited (238) t Russian* (40) Migrant (104 Special Education (32) Talented & Gifted (37) All Students (350) Male (176) Female (174) Fluent (108) Limited (242) Hispanic (254) Russian* (40) White* (62) Migrant (106) ~ Special Education (40) o 3 Talented & Gifted (38) "-4 o 0 0 All Students (340) Male (176) Female (164) Fluent (107) Limited (233) Hispanic (237) Russian* (44) White* (64) Migrant (94) Special Education (52) Talented & Gifted (25) All Students (340) Male (178) Female (162) Fluent (105) Limited (235) Hispanic (237) Russian* (44) White* (63) Migrant (93) Special Education (54) Talented & Gifted (24) All Students (265) Male (132) Female (133) -/1m Fluent (131 ) Limited (134) Hispanic (168) Russian* (49) VVhite* (54) Migrant (75) co Special Education (32) Taler~ted & Gifted (28) Ail Students (267) Male (138) Female (129) Fluent (128) "nm Limited (139) Hispanic (172) m _" Russian* (49) White* (52) Migrant (79) Special Education (31) Talented & Gifted (27) All Students (367) Male (192) Female (175) Fluent (120) Limited (247) Hispanic (257) Russian* (44) White* (66) Migrant (99) ~ ~pecial Education (56) Talented & Gifted (41) All Students (373) Q Male (197) ~ Female (176) '~ m Fluent (120) '~ Limited (253) Hispanic (260) ;;3' = Russian* (44) White* (67)) Migrant (99) -o Special Education (56) Talented & Gifted (41) ~ 1,3 I'O r,3 I~ 1~3 I,O I,o I'O 03 O O'1 O O~ O 03 O O1 o O o ~ 0 ~ 0 ffi Tulip Festival Gift Basket- Worth $2000 Two night stay in a king suite at La Quinta Inn & Suites - ($220) Hot air balloon ride for two from Pacific Peak Balloons - (330) $500 shopping spree to Woodburn Company Stores - ($500) Iron planter with cascading flowers from Garden Gallery Iron Works ($200) Deluxe spa facial from Leisure Time Day Spa - ($55) Two ticket to race at Woodburn Drag Strip - ($50) Dinner for two at Bower's Steakhouse - ($30) Breakfast for two at Elmer's - ($25) Al's Garden Center Gift Certificate - ($25) Bauman Farms Treats - ($150) Extensive package of treats to enjoy the winner's week end in Woodburn courtesy of Woodburn Book Outlet, Java Crew, Harry & David, Chateau Benoit, Your Northwest, Le Creuset, The Shutterbug, Perfumania, and Country Clutter, from Woodburn Company Stores. ($350) April 11, 2005 ODB,U ,KN corporated 1889 Representative Betty Komp State Capitol 900 Court St NE, Room H-383 Salem, OR 97310 RE: House Bill 3038 Dear Representative Komp: House Bill 3038 relates to municipal water right permit extensions. The City of Woodburn provides safe drinking water to the residents and businesses in the City. The City has a master plan that looks out 20 years to plan and provide for an adequate supply of safe drinking water for existing residents and to serve the growth of the City. To accomplish this the City has water rights that provide for an adequate supply of water for this 20 year period and beyond. A long-term planning effort for water supply is critical to ensuring a reliable, safe supply of drinking water. The availability of secure water rights over the planning period is a critical element of the long term planning process for municipalities. Five years to plan, finance and fully construct water facilities is not sufficient. The planning effort to construct Woodburn's water treatment facilities, which will become operational this summer, started in 1994. The City realizes that you are a co-sponsor of House Bill 3038. The City urges that you vote yes on this legislation. Sincerely, Kathryn Figley, Mayor City of Woodburn cc: Senator Peter Courtney Public Work~ Administration and Engineering Division~ 190 Garfield Street · Woodburn, Oregon 9707~ Ph.503-982-5240 · Fax 503-982-5242 Northwest Tree Specialists 818 SW 3rd. Ave. Suite 294 Portland, OR 97204 P: 503-591-0690 F: 503-591-0415 February 26, 2005 Matthew Gwynn Woodbum Public Works 270 Montgomery St. Woodbum, OR 97071 Dear Mr. Gwynn, I wanted to take this opportunity to docun~nt and discuss new findings relative to the nmture tree located on the west side of Boones Ferry Rd. between Constitution and Country Club. Upon inspection, several large cracks with accompanying decay were found on the main trunk. These cracks represent the potential tbr a catastrophic tree failure in the future most likely as`~ciated with a snow and ice or wind event. It is unlikely that pruning or cabling of this tree will substantially decrease the hazard this tree presents. Due to the defects in this tree and the presence of 1 home under the tree's canopy, this tree by definition is considered hazardous. It is my opinion that the defects in this tree represent a hazard that warrants it's removal hetbre limb or trunk failure occurs, Please contact me to discuss the health of this tree and removal options. Thank you, Trevor March Certified Ark~rist