Agenda - 08/22/2005CITY OF WOODBURN
CITY COUNCIL AGENDA
AUGUST 22, 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 SlFUENTEZ, COUNCILOR WARD Vi
CITY HALL COUNCIL CHAMBERS - 270 MONTGOMERY STREET
1. CALL TO ORDER AND FLAG SALUTE
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ROLL CALL
ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
A. In observance of Labor Day, City Hall and the Library will be
closed Monday, September 5, 2005. The Aquatic Center will
be open from 1:00 p.m. to 4:00 p.m. with $1 swim
Bo
The last two Music in the Park presentations will be Molly's
Revenge on August 23 and Molly Bloom on August 30. Both
performances begin at 7:00 p.m.
C. A public hearing regarding supplemental budget
appropriations will be held on September 12, 2005 at 7:00 p.m.
Do
A public hearing regarding the sale of property at 202 Tout
Street will be held on September 12, 2005 at 7:00 p.m.
Appointments:
None.
PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
Presentations:
A. Chemeketa Area Regional Transportation System (CARTS) -
Valerie Rux
· 'Habr~t i~tt~rpretes ~isponib[es para aq~t~[[as personas qvte no ~ab[att Ittg[~s/previo acueri)o. Gom~niq~ese
a[ (5o3) 98o-z485."
August 22, 2005 Council Agenda Page i
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COMMIITEE REPORTS
A. Chamber of Commerce
B. Woodburn Downtown Association
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 may be removed
for discussion at the request of a Council member.
A. Woodburn City Council minutes of August 8, 2005
Recommended Action: Approve the minutes.
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Recreation and Parks Board draft minutes of August 9, 2005
Recommended Action: Accept the draft minutes.
C. Building Activity for July 2005
Recommended Action: Receive the report.
D. Planning Tracking Sheet dated August 15, 2005
Recommended Action: Receive the report.
Fe
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Claims for July 2005
Recommended Action: Receive the report.
Police Department Statistics - July 2005
Recommended Action: Receive the report.
Removal of Two Street Trees at 575 Settlemier Avenue
Recommended Action: Information only.
TABLED BUSINESS
A. Union Pacific Railroad Pipeline Crossing Agreement
Recommended Action' Receive the report.
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10
11
14
19
26
28
August 22, 2005 Council Agenda Page ii
10. PUBLIC HEARINGS
11.
12.
13.
14.
None.
GENERAL BUSINESS- Members of the public wishing to comment on items of
general business must complete and submit a speaker's card to the City
Recorder prior to commencing this port/on of the Council's agenda.
Comment time may be limited by Mayoral prerogative.
Ae
Council Bill 2585 - Resolution designating the National Incident
Management System (NIMS) as the basis for all incident
management in the City of Woodburn
Recommended Action: Adopt the resolutian.
Be
Council Bill 2586 - Resolution directing that a stop sign be
installed on Kotka Street where it intersects with Cozy Way
Recommended Action: Adopt the resolution.
Ce
Bid Award for Police Facility Construction Project
Recommended Action: Award the contract far construction
of the police facility project to RB&G Construction, LLC, for
.$4,444,444.00.
De
Bid Award for Police Facility Construction Management
Recommended Action: Report and recommendation to be
provided Monday.
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Liquor License New Outlet
Recommended Action: Recommend to the OLCC denial of a
New Outlet application for Neuvo Arandas.
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
15. MAYOR AND COUNCIL REPORTS
31
35
38
40
41
Augus~ 22, 2005 Council Agenda Page iii
16. EXECUTIVE SESSION
17.
Ao
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).
Co
To review and evaluate, pursuant to standards, criteria and
policy directives adopted by the governing body, the
employment-related performance of the chief executive
officer of any public body, a public officer, employee or staff
member unless the person whose performance is being
reviewed and evaluated requests an open hearing pursuant
to ORS 192.660 (1)(i).
Do
To conduct deliberations with persons designated by the
governing body to carry on labor negotiations pursuant to
ORS 192.660(1)(d).
ADJOURNMENT
August 22, 2005 Council Agenda Page iv
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COUNCIL MEETING MINUTES
AUGUST 8, 2005
0001 ~ COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, AUGUST 8, 2005.
The meeting convened at 7:00 p.m. with Mayor Figley presiding.
Mayor Figiey Present
Councilor Bjelland Present
Councilor Cox Present
Councilor Lonergan Present
Councilor McCallum Absent
Councilor Nichols Absent
Councilor Sifuentez Present
Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director
Tiwari, Public Works Manager Rohman, Park & Recreation Director Westrick, Police
Captain Blevins, Finance Director Gillespie, Interim Community Development Director
Zwerdling, City Recorder Tennant
Mayor Figley stated that Councilor Nichols was out of town on a family emergency and
Councilor McCallum was on vacation.
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ANNOUNCEMENTS,
A) Music in the Park:
1) Klm Angelis & Jos~f - Library Park, August 9, 2005 beginning at 7:00 p.m..
2) Estella & Alberto - Library Park, August 16, 2005 beginning at 7:00 p.m..
B) Walt's Run will be held on Saturday, August 13, 2005, 8:00 a.m., at Centennial Park
C) Public Hearing regarding the sale of property located at 202 Tout Street will be held
before the City Council on August 22, 2005 at 7:00 p.m..
0110 CHAMBER OF COMMERCE REPORT,
Nick Harville, Chamber Executive Director, stated that the Visitor's Center opened on
August 1, 2005 and they are averaging 79 visitors per day. Additionally, they have
moved more than 5,000 pieces of literature over to the new Center to keep it stocked. He
also read a letter he recently received from a local business owner who volunteered some
time at the new center and this business owner was very excited about the number of
individuals who had stopped by the Center asking questions about Woodbum and the
surrounding area. The official Grand Opening will be held on Tuesday, August 9th, at
10:00 a.m..
The NorthWillamette Valley Tourism Alliance sub-committee will be working with Bill
Baker to begin a Brand Identity process and they will begin identifying focus groups
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COUNCIL MEETING MINUTES
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within the various communities to give the sub-committee input on what they feel should
be included in the target market. This is a major investment of time and money of the 12
communities represented and the 23 members of the sub-committee. The project is
scheduled to be concluded in April 2006.
The Chamber is also working with the Woodbum Downtown Association (WDA) on a
visioning process for downtown. The tree lighting problem along Front Street has been
solved and work will be done on a Saturday in the near future to fLX the problem.
He also thanked the City for their help and cooperation with the new Visitor's Center.
0290
WOODBURN SCHOOL DISTRICT REPORT,
Jeanne Hahn informed the Mayor and Council that she had accepted a Communications
Specialist position with the McMinnville School District and will be starting employment
with them on August 11'~. She thanked the Mayor and Council for their support and
friendship over the years not only for her personally but for the time she had been
working for the School District. She also announced that her replacement, Patricia
Martinez, is a former principal for Reynolds School District. There has been some
shifting of position responsibilities, and, as a result, Ms. Martinez's title is Director of
Community and Parent Outreach.
0414
CONSENT AGENDA,
A) approve the regular and executive session Council meeting minutes of July 25, 2005.
BJELLAND/COX... adopt the consent agenda as presented. The motion passed
unanimously.
PUBLIC HEARING: COMMUNITY DEVF~I.OPMENT BLOCK GRANT (CDBG)
APPLICATION (Hazelwood Estates),
Mayor Figley declared the public hearing open at 7:08 p.m..
Finance Director Gillespie provided a summary of the staff report regarding this proposed
CDBG grant application. The Marion County Housing Authority would like to construct
a 32-unit senior apartment housing complex on Carol Street with the major funding for
this project through the State Department of Housing and Community Services. The
Housing Authority is also proposing that the infrastructure (street, water, and sewer line
improvements) be funded through CDBG funds. Administrators for these funds have
determined that the City will need to apply for the funds since the improvements will
become City property. The project will require no City funding and the road
improvements are included in the City's Capital Improvement Program for the current
year. Administration of the grant will be through the Council of Governments (COG) and
Ray Teasley from COG was in attendance to answer questions on this proposed
application.
Councilor Bjelland questioned if the entity writing the CDBG grant is the Oregon
Housing and Community Services or Economic Community Development Department
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COUNCIL MEETING MINUTES
AUGUST 8, 2005
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since he is an employee of the Housing and Community Services Department and he
needed clarification on the funding source before he continued participation on this issue.
It was noted that the grant would be through Economic Community Development
Department.
Councilor Cox questioned if staff felt that this would have minimal impact on city staff
administration time.
Finance Director Gillespie stated that the City had previously been the grant administrator
for the Cipriano Ferrel project and, in this case, staff feels that there will be less staff time
involved.
Ray Teasley, COG, stated that the Marion County Housing Authority is asking the City to
sponsor an application on their behalf and the purpose of this hearing is to hear comments
from the public on the proposed application. Once the hearing is concluded, the City can
make a decision as to whether or not to move forward with an application for this project.
No one in the audience spoke either for or against the proposed application.
Mayor Figley declared the public hearing closed at 7:14 p.m..
BJELLAND/COX... direct staff to submit, in cooperation with the Marion County
Housing Authority, a Community Development Block Grant application. The motion
passed unanimously.
077)
O840
COUNCIL BILL NO, 2584 - RESOLUTION DECLARING THE CITY'S INTENT
TO REIMBURSE EXPENDITUI~S FOR LOCAL IMPROVEMENT PRO.IE~F~
V~tlTH PROCEEDS OF FUTURE ISSUES OF BONDS OR OBLIGATIONS
Councilor Sifuentez introduced Council Bill 2584. Recorder Tennant read the bill by title
only since there were no objections from the Council. On roll call vote for final passage,
the bill passed unanimously. Mayor Figley declared Council Bill 2584 duly passed.
ACCEPTANCE OF PROPERTy DEDICATION - KATHRYN'S ESTATEE
SUBDIVISION (Case No. 04-01)
Public Works Director Tiwari stated that the property to be dedicated has been used for
park purposes and storm water detention since 1989, however, the property owner, Sage
SG, Inc., has the right to revoke the existing license agreement. As part of a final plat
approval for Kathryn's Estates Subdivision, the property owner needs to comply with a
condition that the area be dedicated to the City once the plat is recorded with Marion
County.
Councilor Cox questioned the City's role in maintenance of the area proposed to be
dedicated to the City.
Director Tiwari stated that this was one of the first detention areas built within the City
and the City has been maintaining the area since it was originally built. The area will
continue to be used as play area during the summer months and detention area for storm
water during the winter months.
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BJELLAND/COX... authorize the City Administrator to accept the property dedication
of"Tract A" as shown on the preliminary plat of Kathryn's Estates Subdivision from
Sage SG Inc. to the City of Woodbum. The motion passed unanimously.
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INTERGOVERNMENTAL AGREEMENTS WITH MARION COUNTY,
Staff recommended that the City enter into intergovernmental agreements with Marion
County for (1) continued plumbing and electrical program support and (2) for structural
and mechanical inspections and plan reviews on a as-needed basis.
BJELLAND/COX.... authorize City Administrator to sign intergovernmental agreements
(IGA's) with Marion County for (1) plumbing and electrical progam support and (2)
structural/mechanical inspections and plan reviews once the language of the IGA's has
been finally agreed upon.
Councilor Cox stated that the City Administrator is being given discretion to decide on
the actual final version but he is comfortable with approving this motion since he (1)
trusts the City Administrator and (2) the Council is basically continuing an agreement that
has been in place previously.
The motion passed unanimously.
INTERGOVERNMENTAL AGREEMENT FOR SCHOOL RESOURCE
OFFICER.
Staff recommended that the City enter into a renewal agreement with the Woodbum
School District for School Resource Officer services whereby the District would pay
approximately 80% of salary and fringe benefit costs for this position.
BJELLAND/LONERGAN... authorize the City Administrator to sign an agreement with
the Woodburn School District for School Resource Officer services.
Councilor Cox stated that agreement will continue of a very successful program.
The motion passed unanimously.
1107
UNION PACIFIC RAILROAD PIPELINE CROSSING AGREEMENT,
BJELLAND/SIFUENTEZ .... authorize City Administrator to execute a pipeline
crossing agreement with Union Pacific Railroad.
Councilor Cox stated that he did not like the agreement as drafted by Union Pacific and
submitted to the City. The agreement is necessary for a project in which the City would
be investing $190,000 and Union Pacific would only be issuing a license to the City
which could be revoked by the Union Pacific without any reason with a 30-day notice. If
the license is revoked, the City would be required to remove the pipeline crossing at the
City's expense. He also objected to the $2,400 one-time license fee which he did not feel
the City should pay based on terms and conditions outlined in the proposed agreement.
He suggested that the City try to negotiate with Union Pacific to get something more
permanent than a 30-day revocable agreement. He also suggested that staff explore the
City's rights as a public body as it relates to eminent domain to require Union Pacific to
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give the City a permanent easement. He suggested that this proposed agreement be tabled
until the legal questions are answered and, in the meantime, staff work with Union Pacific
to see if they are willing to negotiate further with the terms of the agreement.
Councilor Lonergan agreed with comments made by Councilor Cox and questioned staff
if there were other agreements in place similar to this proposed agreement.
Director Tiwari stated that Union Pacific is requiring the same language from Portland
General Electric (PGE) which PGE has already agreed to. The City had previously
entered into agreements with Southern Pacific (which has now been purchased by Union
Pacific) and even though the wording is a little different, their agreement with the City is
that, at the railroad's option, they will remove the pipeline and bill the City for the cost of
the removal. He stated that he is willing to talk to Union Pacific representatives to see if
they are willing to work with the City in modifying the language to address the concerns
of the Council.
Mayor Figley questioned if there had been any relocation of City lines either forced or
demanded by the railroad.
Director Tiwari stated that there has never been a requirement from the railroad to
remove city lines unless, like in this case, there was a reason to remove or add a new line
for city services.
Councilor Cox stated that his concern is that, even though the railroad may not have any
intent on removing lines at this time, circumstances may change in the future that would
result in a change of Union Pacific policy and the license agreement could be terminated
thereby requiring the removal of the lines. The City has a substantial investment of
public funds in this project and he objected to paying premium dollars for a license fee
when Union Pacific can require the City to remove the pipeline with a 30-day notice. He
suggested that the City Attorney look into the rights of the City in this type of case since,
if it was any party other than the railroad, the City could state the public purpose need,
provide the declaration of intent to acquire it for public purpose and a monetary offer,
and, if it was not accepted, a condemnation case could be filed. Even though a
condemnation case is not the method in which the City normally follow, he would like to
know if the City has the right to pursue a condemnation case against the railroad. He
would not object to the fee for a permanent easement but reiterated his objection to
paying the fee for a license agreement.
Councilor Bjelland requested staff to also look into prior Union Pacific agreements for
other type of city services that required an underground crossing.
Director Tiwari stated that staff will look into the language of existing agreements not
only with our City but with other public agencies. It was also noted that, in addition to
the proposed license fee, the railroad also requires that the City reimburse them for costs
incurred in having a railroad inspector present at the site whenever boring for the
underground line is being done.
BJELLAND/SIFUENTEZ .... table this agreement until the next regular Council
meeting. The motion passed unanimously.
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COUNCIL MEETING MINUTES
AUGUST 8, 2005
1938
1986
2074
LIOUOR LICENSE CHANGE OF OWNERSHIP; FONZIE'S DEL1. 1585 N.
P#giflc Highway.
Premier Deli Services LLC submitted a change of ownership application for a Limited On
Premise Sales liquor license at Fonzie's Deli located at 1585 N. Pacific Highway.
BJELLAND/LONERGAN... recommend to OLCC the approval of a change of
ownership application for Fonzie's Deli. The motion passed unanimously.
MAYOR AND COUNCIL REPORTS.
On behalf of the St. Luke's Guadalupe Society, Councilor Sifuentez presented the City
with a $1,000 donation for the Downtown Plaza.
Mayor Fig, Icy expressed her appreciation to the Guadalupe Society for their generous
contribution to this City project.
Mayor Figley stated that the Executive Session as listed on the agenda will not be held
since the City Attorney has informed her that there is no need to discuss the litigation at
this meeting and, with the absence of the City Administrator and two Councilors,
Attorney Shields has requested that his evaluation be held over to the next meeting.
ADJOURNMENT.
BJELLAND/SIFUENTEZ .... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 7:35 p.m..
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Termant, Recorder
City of Woodburn, Oregon
Page 6 - Council Meeting Minutes, August 8, 2005
6
Minutes
Woodburn Recreation and Parks Board
Tuesday, August 9, 2005
7:00 p.m.
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Call to Order
Herb Mittmann, Board Chair called the meeting to order at 7 p.m.
Roll Call
Members present: Herb Mittmann, Chair, Secretary; Ann Meyer, Member;
Bruce Thomas, Member; Joseph Nicoletti, Member, Eric Yaillen, Member,
Cristal Sandoval, Member
Absent: Rosetta Wangerin, Board Secretary
Staff present: Randy Westrick, Paulette Zastoupil, A.A.
Presentation - Teen Scene trip to Washington D.C.
Marlo Rodriguez, Teen Scene member shared his trip experiences with the
board, and explained that this was an incredible opportunity for him. It was
his first plane ride and stay in a big hotel. He was able to talk with Senator
Darlene Hooley and visit the Holocaust Museum. Dusky Steyaert, Teen
Scene Coordinator shared that there are 400 nationwide P.A.L. chapters and
that 100 chapters was able to go to Washington D.C. for the National P.A.L.
conference. The goal of P.A.L. is to empower youth to take part in their
community. The conference expressed goals for youth in P.A.L. such as: · Leadership
· Life Lessons
· Networking
At the conference they gave each chapter a set of goals to choose one
chapter goal from;
· Choices and Consequences
· Science on Patrol
· Every fifteen minutes (underage drinking)
· Youth Court
Dusky shared that the Woodburn Chapter's goal would be Science on
Patrol and that the youth will be working closely with the Woodburn Police
Department.
Approval of Minutes from July 12, 2005.
Motion to accept the minutes was made by Herb Mittmann and seconded by
Ann Meyer.
Business from the Audience:
None.
Division Reports
Parks and Facilities - Randy Westrick
Randy reminded the community that Walt's Run was Saturday, August 13,
2005, starting at 8:45 am. Randy reported the Centennial Ballpark #3
backstop, and cement work was complete and the turf would be put in next.
Minutes
Woodbum Recreation and Parks Board
Tuesday, August 9, 2005
7:00 p.m.
He thanked the Woodburn Grange for their money donation, which enabled
him to order the scoreboard. Randy shared that he was really close to hiring
the Recreation Manager and that by next board meeting, they would know
who that would be. He thanked Herb for helping on the oral board. Randy
reported that with youth soccer tournaments over the weekend and the
Fiesta Mexicana that there were an extra 1000 people in our parks and
community. Randy shared that the Teen Scene has a Graffiti Art display at
the Woodburn Art Center and encouraged the community to stop and see it.
He stated that Tigi Fofana-Dura help the students learn the positive aspects
of the project.
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Recreation, Leisure Services, Aquatics - Steve Newport
Steve reported that 27 kids are signed up for football, practice has started
and night games will be played this year. Youth soccer registration is still
open. He shared that a second season for coed softball will be started.
After School Club registration is still going. Summer Camp program was
great this year and Steve complemented the staff for making it a success.
Teen Scene was incorporated in Summer Camp this year and had 17 kids
sign in everyday. Steve shared that the pool will be open Labor Day and the
cost to swim would just be $1.00. The pool will stay open on Sundays from
1-5 PM, and the afternoon swim would remain and the facility would stay
open 7 days a week throughout the winter months. The Recreation Reporter
will be out next week. Woodburn Together is paying for 4th grade swim
lessons again this fall. Joseph Nicoletti reported that he visited the pool and
was very impressed with staff, services and facility. Ann Meyer asked about
ASC fees and payment plans, and Steve explained that parents could pay in
two payments. Herb Mittmann asked about the aquatic center expansion
and if there was money in the budget for it. Randy explained that there was
money to hire an architect for the preliminary drawings and that they would
seek CDBG Funds, and that the Park Master Plan calls to purchase land on
Oak St. if needed.
Woodburn Downtown Plaza Rules
Randy invited the board to attend a "sneak preview" on August 19th at 5:30
pm. The "sneak preview" is a chance for local organizations, service clubs,
and civic groups can see how the plaza can be used for events. Herb
Mittmann opened discussion on the rules, and the board made the following
recommendations;
· Tri-language
· Start with positive rules and work down to prohibited rules
· Change wording on several rules
Bruce Thomas shared that at the Woodburn Downtown Association meeting
discussed miniature events to keep the plaza busy and encourage the public
to brainstorm and call the park office with ideas. The board had concerns
with enforcing the rules, and Randy explained that officers have the job of
issuing tickets and exclusion orders for 30, 60 or 90 days.
8
Minutes
Woodburn Recreation and Parks Board
Tuesday, August 9, 2005
7:00 p.m.
Legion Park Stadium
Herb Mittman opened discussion on the Stadium. The board's consensus was to
remove the stadium in the Legion Park Master Plan. Herb Mittmann made a motion
to approve the removal of the stadium, Erik Yaillen seconded the motion.
Future Board Business · Next meeting, September 13, 2005
· Community Center- official recommendation to City Council
10.
Board Comments
Crystal asked that when the stadium gets torn down, could parts be donated.
Randy explained that usually a de-construction company is hired and that they
recycle material. Herb asked Randy that if the Community Center were to go in the
open area between the Police facility and park would a 6-foot cement wall be
needed. Randy stated yes. Joseph asked about the Research Building on the
master plan, and Randy explained that that would someday hold an Interpretive
Center and would be tied into the Greenway Plan. The board discussed the
possibility of adding 90 ft to the sports field and making it ready for growth and
different sports configuration.
Meeting adjourned at 8:25 PM
Rosetta Wangerin, Board Secretary
Date
Paulette Zastoupil, Recording Secretary
Date
Page 3
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CITY OF WOODBURN
Community Development
8C
MEMORANDUM
270 Montgomery Street Woodburn, Oregon 97071
(503) 982-5250
Date:
To:
From:
Subject:
August 2, 2005
John Brown, City Administrator
Building Division
Building Activity for July 2005
2003 2004 2005
Dollar Dollar Dollar
No. Amount No. Amount No. Amount
New Residence Value 18 $2,328,526 7 $1,159,565 1 $193,595
Multi Family 0 $0 0 $0 1 $2,276,650
Assisted Living Facilities0 $0 0 $0 0 $0
Residential Adds & Alts 4 $87,323 8 $64,483 5 $142,900
Industrial 0 $0 0 $0 0 $0
Commercial Value 7 $1,033,651 18 $2,355,562 13 $6,661,550
Signs, Fences, Driveways 4 $21,000 5 $13,500 2 $1,950
Manufactured Homes 1 $30,000 7 $261,900 0 $0
TOTALS 34 $3,500,500 45 $3,855,010 22 $9,276,645
Fiscal Year (July 1- $3,500,500 $3,855,010 $9,276,645
June 30) to Date
h\Community Development\Building\Building Activity~BldgAct-2005~Bldg Activity- Me mos'~ac~ - JULY 2005.wpd
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WOODBURN
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August 17, 2005
TO:
FROM:
SUBJECT:
RECOMMENDATION:
Receive the Report
BACKGROUND:
Mayor and City Council through City Administrator
Scott Russell, Chief of Police ~
Police Department Statistics - July 2005
The attached report lists year to date reported offenses and arrests displayed by
month.
The statistics have been gathered from the Police Departments Records
Management System. The Previous year's statistics are also displayed for
comparison purposes.
FINANCIAL IMPACT:
None
Agenda Item Review:
City Administrator,.<~'''/' City Attorney
Finance~
DATE~ 8/17/2005 PL6850
TIME: 8:39~24 MONTHLY ARRESTS BY OFFENSE FOR JANUARY THRU JULY 2005 SCOTTRU
ORI#: 0R0240500 WPD RESULTS FOR ALL CHARGES
CHARGE DESCRIPTION JAN FEB MAR APR MAY JUN JLY TOTAL
AGGRAVATED ASSAULT 1
AGGP, AVATED MURDER 0
ANIMAL ORDINANCES 0
ARSON 0
ASSAULT SIMPLE 14
AT-FEMPTED MURDER 0
BOI,1B THREAT 0
BURGLARY - BUSINESS 0
BURGLARY - OTHER STRUCTURE 0
BURGLARY - RESIDENCE 0
CHILD ADBANDOMENT 0
CHILD NEGLECT 0
CITY ORDINANCE 0
CRIME DAMAGE-NO VANDALISM OR ARSON 0
CURFEW 0
CUSTODIAL INTERFERENCE O
CUSTODY - DETOX 1
CUSTODY - MENTAL 0
CUSTODY - PROTECITVE 0
DISORDERLY CONDUCT 4
DOCUMENTATION 0
DRINKING IN PUBLIC 0
DRIVING UNDER INFLUENCE 4
DRUG LAW VIOLATIONS 5
DRUG PARAPHERNALIA 0
DWS/REVOKED - FELONY 0
DWS/REVOKED-MISDEMEANOR 1
ELUDE
EMBEZZLEMENT
ESCAPE FROM YOUR CUSTODY
EXTORTION/BLACKMAIL
FAIL TO DISPLAY OPERATORS LICENSE
FAMILY-OTHER
FORCIBLE RAPE
FORGERY/COUNTERFEITING
FRAUD - ACCOUNT CLOSED CHECK
FRAUD - BY DECEPTION/FALSE PRETENSES
FRAUD - CREDIT CARD/AUTOMATIC TELLER MACHINE
FRAUD - IMPERSONATION
FRAUD - NOT SUFFICIENT FUNDS CHECK
FRAUD - OF SERVICES/FALSE PRETENSES
FRAUD-OTHER
FUGITIVE ARREST FOR ANOTHER AGENCY
FURNISHING
G/NMBLING - GAMES
GAMBLING - OTHER
GARBAGE LITTERING
HIT AND RUN FELONY
HIT AND RUN-MISDEMEANOR
ILLEGAL ALIEN - INS HOLD
INTIMIDATION /OTHER CRIMINAL THREAT
KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE
0
0
0
0
4
0
0
1
0
0
0
3
0
0
0
34
1
0
0
0
0
2
0
0
0
2 3 2 1 0 1
0 0 0 0 0 0
i 0 1 0 0 1
1 0 0 0 0 0
9 10 12 15 8 16
0 0 0 0 0 0
0 0 0 0 0 0
0 1 0 3 0 0
0 1 0 0 0 0
4 0 6 0 4 9
0 0 0 0 0 0
0 0 0 2 I 0
0 0 0 0 i 0
1 4 4 2 I 3
0 0 4 3 6 1
0 0 0 0 0 0
7 1 3 2 I 2
0 0 1 1 0 1
0 0 0 1 1 0
2 I 9 11 2 2
0 0 0 0 0 0
0 0 0 1 1 1
9 8 6 13 10 11
9 7 13 17 19 2A
0 0 0 0 0 0
0 0 0 0 0 1
2 3 4 9 3 6
I 4 3 0 2 2
0 0 0 0 2 0
0 0 i 0 1 0
0 0 0 0 0 0
I 2 1 3 3 5
0 0 0 0 0 0
0 0 t 0 0 0
0 1 9 2 7 5
0 0 0 0 0 0
0 0 0 0 1 0
0 0 0 0 1 1
3 0 0 0 2 2
0 0 0 0 0 0
0 0 0 0 2 1
0 0 C 0 O O
28 27 39 48 47 39
0 0 0 1 0 0
0 0 0 0 0 0
0 0 0 0 0 0
1 0 1 2 1 1
0 1 0 0 0 0
1 2 2 3 4 1
0 0 0 0 0 0
1 1 8 1 2 6
0 0 0 0 1 0
10
3
1
84
C
0
1
23
0
3
1
15
14
0
17
3
2
31
0
3
61
0
l
28
12
2
2
20
DATE: 8/17/2005
TIME: 8:39:24
ORI#: 0R0240500 WPD
MONTHLY ARRESTS BY OFFENSE FOR JANUARY
RESULTS FOR ALL CHARGES
THRU JULY 2005
CHARGE DESCRIPTION
JAN FEB MAR APR MAY JUN JLY
KIDNAP - FOR RANSOM
KIDNAP - HI-JACK,TERRORIST
KIDNAP - HOSTAGE/SHIELD OR REMOVAL/DELAY WITNESS
LICENSING ORDINANCES
LIQUOR LAW-OTHER
MINOR IN POSSESSION
MINOR ON PREMISES
MISCELLANEOUS
MOTOR VEHICLE THEFT
NEGLIGENT HOMICIDE - TRAFFIC
NEGLIGENT MANSLAUGHTER
NON CRIMINAL DOMESTIC DISTURBANCE
NON SUPPORT
OTHER
PROPERTY - FOUND LOST MISLAID
?ROP£RiY RECOVER FOR OTHER AGENCY
PROSTITUTION - COMPEL
PROSTITUTION - ENGAGE IN
PROSTITUTION - PROMOTE
PUBLIC HEALTH AND SAFETY ORDINANCES
RECKLESS DRIVING
ROBBERY - BANK
ROBBERY - BUSINESS
ROBBERY - CAR JACKING
ROBBERY - CONV,STORE
ROBBERY - HIGHWAY
ROBBERY - OTHER
ROBBERY - RESIDENCE
ROBBERY - SERVICE STATION
RUNAWAY
SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY
SEX CRIME - EXPOSER
SEX CRIME - FORCIBLE 50DOMY
SEX CRIME - iNCEST
SEX CRIME - MOLEST (PHYSICAL)
SEX CRIME - NON FORCE SODOMY
SEX CRIME - NON-FORCE RAPE
SEX CRIME - OBSCENE PHONE ~LL
SEX CRIME - OTHER
SEX CRIME - PORN(~SPJNPHY/OBSCENE I~t~TERIAL
SEX CRIME - SEXUAL ASSAULT WITH~ OBJECT
STOLEN PROPERLY - RECEIViNG.BUYING,POSSESSING
SUICIDE
THEFT - BICYCLE
THEFT - BUILDING
THEFT - COIN OP MACHINE
THEFT - FROM MOTOR VEHICLE
THEFT - MOTOR VEHICLE PARTS/ACCESSORIES
THEFT - OTHER
THEFT - PURSE SNATCH
0
0
0
0
0
8
0
0
0
0
0
0
0
5
0
0
0
0
0
0
0
0
2
0
0
0
0
0
0
1
0
0
0
0
0
0
0
0
0
o
0
0
1
0
0
0
0
0
1
G
1
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
5 I 1 4 1 2
0 0 0 0 0 0
3 0 0 0 0 0
3 1 2 i 3 1
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 1 0 0 0
6 16 12 9 7 14
0 0 0 0 0 0
0 0 0 0 0 1
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 2 2 2 2 2
0 0 0 0 0 0
0 0 I 0 2 0
0 0 0 0 i 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
1 1 1 0 1 0
0 0 i 0 0 0
0 0 1 0 0 0
0 0 1 1 0 0
0 0 1 0 0 0
0 0 i ~ O O
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 i 0 0 0
0 0 i 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
7 1 i 0 0 4
0 0 0 0 0 1
0 0 0 0 0 1
i 1 2 3 0 0
0 0 0 0 0 0
3 13 4 1 0 0
0 0 0 0 0 0
1 4 3 6 5 8
0 0 0 0 0 0
PL6850
SCOTTRU
0
0
0
0
0
22
0
3
tl
0
0
69
0
1
0
0
0
10
0
5
1
0
0
0
0
5
1
2
1
0
0
0
1
1
0
0
1
1
7
0
28
1
DATE: 8/17/2005 PL6850
TIME: 6:39:24 MONTHLY ARRESTS BY OFFENSE FOR JANUARY THRU JULY 2005 SCOTTRU
ORi~: 0R0240500 WPD RESULTS FOR ALL CHARGES
CH/~RGE DESCRIPTION JAN FEB ~ APR MAY JUN JLY TOTAL
14
0
16
2
TNEFT - SHOPLIFT
TRAFFIC ORDINANCES
TP, AFFIC VIOLATIONS
TRESPASS
VANDALISM
VEHICLE RECOVERD FOR OTHER AGENCY
WARRANT A.RREST FOR OUR AGENCY
WEAPON - CARRY CONCEALED
WEAPON - EX FELON IN POSSESSION
WEAPON - OTHER
WE/~ON - POSSESS ~LLEC~qL
WEAPON - SHOOTING IN PROHIBITED AREA
WILLFUL MURDER
ZONING ORDINANCE
3 7 10 15 18 12 79
0 0 0 0 0 0
14 12 25 46 36 26 t75
10 5 14 4 10 10 55
1 1 1 12 2 2 5 2a
0 1 0 3 0 0 0
I i 1 1 0 2 1 7
1 i 1 0 1 2 0 6
0 2 0 0 0 0 I 3
0 0 0 0 0 0 1
0 2 0 2 3 2 3 12
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
2005 TOTAL: 129 148 144 234 239 228 235 0 0 0 0 0 1357
2004 TOTAL: 208 194 218 195 196 221 162 0 0 0 0 0 1394
2003 TOTAL: 202 148 164 190 221 196 230 0 0 0 0 0 1351
)ATE: 8/17/2005
~IME: 8:39:53
)RI#: 0R0240500 WPD
MONTHLY CRIMINAL OFFENSES FOR JANUARY THRU JULY 2005
RESULTS FOR ALL OFFENSES
PL6860
SCOTTRU
~HARGE DESCRIPTION JAN FEB MAR APR MAY JUN JLY TOTAL
AGGP4~VATED ASSAULT 1 3 2 4 3 2 2 17
AGGRAVATED MURDER 0
ANIMAL ORDINANCES 0
ARSON 1
ASSAULT SIMPLE 20
AlTE~TED MURDER 0
BOMB THREAT 0
BRIBERY 0
BURGLARY - BUS~NESS 7
BURGLARY - OTHER STRUCTURE 2
BURGLARY - RESIDENCE 14
CHILD ADBANDOMENT 0
CHILD NEGLECT
C[IY ORDINANCE 2
CRIME DAMAGE-NO VANDALISM OR ARSON 34
CURFEW 0
CUSTODIAL INTERFERENCE 0
CUSTODY - DETOX 1
CUSTODY - MATERIAL WITNESS 0
CUSTODY - MENTAL 0
CUSTODY - PROTECITVE 0
DISORDERLY CONDUCT 3
DOCUMENTATION 0
DRINKING IN PUBLIC 0
DR~VING UNDER INFLUENCE 4
DRUG LAW VIOLATIONS 6
DRUG PAI{AP~ERNALIA 0
DWS/REVOKED - FELONY 0
DWS/REVOKED-MISDEMEANOR 1
ELUDE 0
EMBEZZLEMENT 0
ESCAPE FROM YOUR CUSTODY 0
EXTORTION/BLACKMAIL 0
FAIL TO DISPLAY OPERATORS LICENSE 4
F~MILY STHER 0
FORCIBLE RAPE 0
FORGERY/COUNTERFEITING 4
FRAUD - ACCOUNT CLOSED CHECK 0
FRAUD - BY DECEPTION/FALSE PRETENSES 0
FRAUD - CREDIT CARD/AUTOMATIC TELLER MACHINE 0
FRAUD - IMPERSONATION 1
FRAUD - NO ACCOUNT - CHECK 0
~RAUO NOw SUrrTC~ENT F!JN~S CHECK 0
FRAUD - OF SERVICES/FALSE PRETENSES 1
FRAUO - WELFARE 0
FRAUD - WIRE 0
FRAUD-OTHER 0
FUGITIVE ARREST FOR ANOTHER AGENCY 32
FURNISHING 1
GAMBLING - BOOKMAKING 0
GAMBLING - ILLEGAL DEVISES/MACHINES 0
0 0
2 10
0 0
11 18
0 0
0 0
0 0
5 4
1
5 12
0 0
0 0
1 5
23 24
0 0
0 0
5 1
0 0
0 0
0 0
1 2
0 0
0 0
9 8
10 7
0 0
0 0
2 2
2 4
0 0
0 0
0 0
I 3
0
3 0
6 8
0 0
2 2
0 0
4 2
0 0
0 0
0 3
0 0
0
0 0
29 28
0 0
0 0
0 0
0 0
0 0 0 0
9 11 3 2
1 1 0 0
16 15 7 23
0 0 0 0
0 0 0 0
0 0 0 0
1 6 13 1
2 lO 7
11 15 20 18
0 0 0 0
0 1 I 0
2 2 5 4
21 20 18 13
3 2 1 1
I 0 0
3 2 I 3
0 0 0 0
i 3 0 1
0 I 0 0
4 8 2 3
0 0 I 0
0 i 1 1
6 13 10 11
13 12 18 18
0 0 0 0
0 0 0
4 9 3 8
3 1 1 1
1 1 2 0
0 0 1 0
0 0 0 0
1 4 3 5
0 1 0 0
0 2 i 0
10 3 8 10
0 1 i 0
0 I 0 0
0 1 3 1
3 1 2 1
0 0 0 0
0 0 0 0
1 t 4 2
0 0 0 0
0 0 0 0
0 0 0 0
34 46 43 38
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0
37
3
110
0
0
0
37
95
2
21
153
1
16
0
5
1
23
1
3
61
84
0
29
4
.................. ~' PL6860
)ATE: 8/17/2005
lIME: 8:39:53 MONTHLY CRIMINAL OFFENSES FOR JANUARY THRU JULY 2005 SCOTTRU
3RI#: 0R0240500 WPD RESULTS FOR ALL OFFENSES
CHARGE DESCRIPTION JAN FEB MAR APR MAY JUN JLY TOTAL
GAMBLING - ILLEGAL PAY OFF 0 0 0 O O 3 ~
GAMBLING - NUMBERS AND LOTTERY 0 0 0 0 0 0 0
GAMBLING - OTHER 0 0 0 0 0 0 0
GARBAGE LITTERING 0 1 1 I 1 1 1
HIT AND RUN FELONY 1 0 2 0 I 0 0
HIT AND RUN-MISDEMEANOR 14 8 12 6 15 15 10
iLLEC.~a,L ALIEN - [NS HOLD 0 0 0 0 0 0 0
ILLEGAL ESTABLISHMENT 0 0 0 0 0 0 0
ILLEGAL LIQUOR-MAKE.SELL.POSSESS 0 0 0 0 0 0 0
IMPORTI~ LIQUOR 0 0 0 0 0 0 0
INTIMIDATION /OTHER CRIMINAL THREAT 2 0 3 6 2 2 6
JUSTIFIABLE HOMICIDE 0 0 0 0 0 0 0
KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 0 0 I 0 0 2 0
KIDNAP - FOR P,~ISOM 0 0 0 0 0 0 0
KIDNAP - HI-2ACK.TERROR1ST 0 0 0 0 0 0 0
KIDNAP - HOSTAGE/SHIELD OR REMOVAL/DELAY WITNESS 0 0 0 0 0 0 0
LICENSING ORDINANCES 1 0 0 0 0 1 0
LIQUOR LAW-OTHER 0 0 0 0 0 0 0
LIQUOR LICENSE VIOLATIONS 0 0 0 0 0 0 0
MINOR IN POSSESSION 2 3 1 1 2 1 2
MINOR ON PREMISES 0 0 0 0 0 0 0
MISCELLANEOUS 6 5 3 6 5 11 7
MOTOR VEHI£LE THEFT 34 36 13 6 11 8 14
NEGLIGENT HOMICIDE - T~FFiC 0 0 0 0 0 0 0
NEGLIGENT MANSLAUGHTER 0 0 0 0 0 0 0
NON CRIMINAL DOMESTIC DISTURBANCE 0 0 0 0 0 0 0
NON SUPPORT 0 0 0 2 1 0 0
OTHER 9 13 12 3 11 16 15
PARENTAL RESPONCIBILITY ORDINANCES (SVP) 0 0 0 0 0 0 0
PROPERTY - FOUND LOST MISLAID 23 14 21 25 30 29 19
PROPERTY RECOVER FOR OTHER AGENCY 0 0 0 0 0 0 1
PROSTITUTION - COMPEL 0 0 0 0 0 0 0
PROSTITUTION - ENGAGE IN 0 0 0 0 0 0 0
PROSTITUTION - OTHER 0 0 0 0 0 0 0
PROSTITUTION - PROMOTE 0 0 0 0 0 0 0
PUBLIC ~EALTH AND SAFETY ORDINANCES 13 12 6 10 99 32 14
RECKLESS DRIVING 0 0 1 2 2 i 2
ROBBERY - BANK 0 0 0 0 0 0 0
ROBBERY - BUSINESS 2 1 0 1 0 1 0
ROBBERY - CAR JACKING 1 0 0 0 0 1 0
ROBBERY - CONV.STORE 0 0 0 0 0 0 0
ROBBERY - HIGHWAY 0 0 0 0 0 0 0
ROBBERY - OTHER 1 0 0 1 1 2 0
ROBBERY - RESIDENCE 1 0 0 0 0 0 0
ROBBERY - SERVICE STATION 0 0 0 0 0 0 0
RUNAWAY 7 10 6 10 8 13 7
SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY 0 0 1 0 0 0 1
SEX CRIME - EXPOSER 0 0 0 0 0 0 0
SEX CRIME - FORCIBLE SODOMY 0 0 0 0 1 0 0
SEX CRIME - INCEST 0 0 1 0 0 0 0
SEX CRIME - MOLEST ~PhYSiCAL) 0 1 0 2 Z 2 5
SEX CRIME - NON FORCE SODOMY 0 1 0 0 0 0 0
0
6
4
80
U
0
0
0
21
0
3
0
0
0
2
0
12
43
122
0
0
3
79
0
161
1
0
0
0
0
186
)ATE
FI~E: 8:39:52
3RI#: 0R0240500 WPD
MONTHLY CRIMINAL OFFENSES FOR JANUARY THRU JULY 2005
RESULTS FOR ALL OFFENSES
SCOTIRU
CHARGE DESCRIPTION GAN FEB MAR APR MAY JUN dLY TOTAL
SEX CRIME - NON-FORCE RAPE 0 4 0 0 1 0 0 5
0 0 0
SEX CRIME CBSCENE PHONE CALL 0 I 0 0
SEX CRIME - OTNER 0 0 0 0 0 0 0
SEX CRIME - PEEPING TOM 0 0 0 0 0 0 0
SEX CRIME - PORNOGRAPHY/OBSCENE MATERIAL 0 0 0 0 0 0 0
SEX CRIME - SEXUAL ASSAULT WITH AN OBOECT 0 1 0 0 0 1 1
STALKER 0 0 0 0 0 0 0
STOLEN PROPERTY - RECEIVING.BUYING.POSSESSING 1 5 0 1 0 0 2
SUICIDE 0 1 0 0 0 0 1
THEFT - BICYCLE 3 I i 2 6 7 6
THEFI - BUILDING 2 3 3 4 3 3 2
THEFT - COIN OP MACHINE 0 0 1 0 0 0 0
THEFT - FROMM OTOR VEHICLE 43 38 34 36 27 32 17
THEFT - MOTOR VEHICLE PARTS/ACCESSORIES 3 0 3 1 1 I 3
THEFT - OTHER 15 12 24 13 25 19 22
THEFT - PICKPOCKET 0 0 0 0 1 0 0
THEFT o PURSE SNATCH 2 0 1 0 0 2 0
THEFT - SHOPLIFT 14 4 9 9 15 17 14
TRAFFIC ORDINANCES 0 2 1 0 0 0 0
TRAFFIC VIOLATIONS 21 15 9 6 9 14 B
TRESPA~SS 4 7 4 9 6 7 7
UNKNOWN 0 0 0 0 0 0 0
VANDALISM 56 43 46 37 41 35 27
VEHICLE RECOVERD FOR OTHER AGENCY 6 11 4 4 0 4, 2
WARRANT ARREST FOR OUR AGENCY 2 1 1 1 0 i 1
WEAPON - CARRY CONCEALED 1 1 I 0 1 2 0
WEAPON - EX FELON IN POSSESSION 1 1 0 0 0 0 1
WEAPON - OTHER 0 0 0 0 0 0 1
WEAPON - POSSESS ILLEGAL 0 3 0 2 i 0 4
WEAPON - SHOOTING IN PROHIBITED AREA 0 0 0 0 0 0 0
WILLFUL MURDER 0 0 0 0 0 0 0
ZONING ORDINANCE 1 3 1 3 5 3 1
TOTAL' 431 387 377
0
2
26
20
227
12
130
1
5
82
3
82
44
0
285
31
7
3
10
0
0
17
2954
365 531 468 395
2005 TOTAL: 431 387 377 365 531 468 395 0 0 0 0 0 2954
2004 TOTAL- 541 543 575 495 495 445 359 0 0 0 0 0 3453
2003 TOTAL: 520 360 437 459 567 570 470 0 0 0 O 0 3383
8G
August 18, 2005
TO:
FROM:
SUBJECT:
Honorable Mayor and City Counc~/~o~h ~ Administrator
Public Works Program Manager/~7/~
Removal of Two Street Trees at 575 Settlemler Avenue
INFORMATION: Unless directed otherwise by Council, City staff will direct
removal of two street trees at 575 Settlemier Avenue.
BACKGROUND: The City has determined that for tree condition and safety
considerations two birch street trees at 575 Settlemier Avenue should be
removed. The two birch trees are located In the Settlemier Avenue right of way.
These trees are on the west side of the Settlermler Avenue and West Uncoln
Street intersection. They are in the taper section where the roadway on
southbound Settlemier narrows. The first tree has been struck by traffic several
times and there is no bark on the trunk. Both trees have been topped far utility
wire clearance and the second tree is a vision obstruction for traffic making a
left turn from West Uncaln Street. Their branches continually rub against
vehicles on the street.
DI.~: The attached tree assessment was completed with input from the
city and a certified arborist. They have found that the two trees are a nuisance
and hazard to motorists and should be removed.
FINANCIAL IMPACT: The costs of the removal will be from budgeted funds in the
tree maintenance object in the Street Division budget.
Agenda Item Review:
City Administrat~ City Attorney/¥~/~ ~
Finance,~
Tree Assessment
Date: 17-Aug-05
Address: 575 N. Settlemier
Specific Location of Tree: Two Birch trees along
Settlemier between curb and sidewalk
where street narrows.
Type of Tree: Birch
Evaluator:
Tree Designation:
Assessment:
Trevor Marsh, Matt Gwynn
~ Street r-- Private I- Parks
These Birch trees are too close to the street. They are regularly hit head on and scrape
the top and sides of vehicles. The Birch trees are designated as street trees but are a nuisance to
motorists and City operations. The trees have scars~ as seen in the photo, and have been hit recently.
The trees have been assessed by a certified arborist and were found to be a hazard to motorists.
Recommendation: The certified arborist and City staff concur. The trees need to be removed.
Replacement trees will be made available for replanting in a more suitable location.
The trees obstruct vision for eastbound vehicles on West Lincoln.
Conclusion: Recommendation for removal. Removal would be carrted out through P.W.
Maintenance Division. On this page is a picture of the trees.
Incorl, orarcJ 185~
August 18, 2005
TO:
FROM:
SUBJECT:
Honorable Mayor and City Council
Frank Tiwari, Public Works Director _~
N. Robert Shields, City Attorney
Union Pacific Railroad Pipeline Crossing Agreement
RECOMMENDATION:
Receive the report.
BACKGROUND:
The City Council considered a proposed pipeline agreement with the railroad at
its August 8, 2005 meeting. This agenda item was tabled because of concern
about the ability of the railroad to terminate the agreement without cause on
30 days notice. The Council also asked for information on the authority of the
City to condemn railroad property.
DISCUSSION:
Negotiation of A.clreement
The railroad initially approached the City with its "standard form" license
agreement. Identical license agreements have been executed by numerous
utilities and public entities along the railroad line. The past experience of the
City is that the railroad is not easy to negotiate with and has little flexibility in its
initially proposed contract terms. Historically, the railroad has never required the
City to relocate any of its utilities after obtaining its permission to install them.
Public Works staff made telephone calls to other jurisdictions to receive their
input of this matter. The only jurisdiction it found that had negotiated some
modifications to the standard agreement was the City of Salem. However, the
City of Salem was only able to extend the 30-day notice provision to one year.
Agenda Item Review: City Administrator
City Attorney
Finance~
28
Honorable Mayor and City Council
August 18, 2005
Page 2
Public Works staff will approach the railroad and propose that the agreement
be changed from a license to an easement. Legally, licenses are normally
revocable. Easements run with the land and can be perpetual.
City Condemnation of Railroad Property~
This memo provides general legal information, as requested by the Council. If a
more specific discussion is needed at a future time, this should occur in
executive session. The general parameters are:
Railroads, like cities, have the power of condemnation. Certain railroad
rights-of-way were acquired through Congressional Grants from the
United States and are not subject to condemnation or even adverse
possession. Consequently, how the railroad holds title to the land may
well be determinative. The first step in evaluating any potential
condemnation action would be to thoroughly research this question with
the aid of a title company.
One potential legal limitation to the City's authority is contained in
Oregon case law. The authority to condemn property already
appropriated to public use must be stated "in express terms or must arise
from necessary implication." LJttle Nestucca Toll-Road Co. v. 'tillamook
Co., 31 Or 1, 6, 48 P2d 465 (1897). The railroad would be considered to be
property already appropriated for public use.
The more serious and likely legal hurdle is federal preemption under the
Interstate Commerce Commission Termination Act. In Cify of Auburn v.
U.S. Government, 154 F3d 1025 (gth Cir 1998), cert den, 527 US 1022 (1999),
the Ninth Circuit construed this statute as preempting local environmental
regulations that were otherwise applicable to proposed changes in
railroad operations. This case has been widely cited for the proposition
that Congress intended to broadly preempt state and local government
regulation of railroad operations.
Many cases have found that federal preemption precludes local
government action against railroads. See, e.g., City of Lincoln v. ,Surface
Transportation Board, 2005 U.S. App. LEXIS 13946 (8th Cir July 12, 2005).
(Acquisition of easement for bicycle and pedestrian trail is preempted.);
~ In preparing this portion of the memo, the City Attorney consulted with several professional
colleagues. The contribution made by other city attorneys and former city attorneys in Portland,
Salem, Beavedon, Lake Oswego, Oregon City, and Grants Pass is acknowledged.
2,9
Honorable Mayor and City Council
August 18, 2005
Page 3
Wisconsin Central Ltd. v. City of Marshfield, 160 F Supp 2d 1009 (WD Wis
2000) (finding broad preemption); Columbiana County Port Authority v.
Boardman Tp. Park Dist., 154 F Supp 2d 1165 (ND Ohio 2001) (adopting
Auburn and Wisconsin Central as precedent).
In certain instances, federal courts have found that no preemption exists if
the exercise of local government authority against the railroad does not
interfere with railroad operations. However, it is likely that the involved
facts will be litigated. See, e.g., District of Columbia v. 109,205.5 Square
Feet of Land, 2005 U.S. Dist. LEXIS 7990 (April 25, 2005) (Acquisition of an
easement by eminent domain to permit a crossing of railroad track in
connection with construction of a new public street did not implicate
federal preemption where it would not prevent or unreasonably interfere
with railroad operations.); City of Lincoln v. Surface Transportation Board,
2005 U.S. App. LEXIS 13946 (8th Cir July 12, 2005). (Dicta where court states
that "it is well established that nonconflicting, nonexclusive easements
across railroad property are not preempted if they do not hinder rail
operations or pose safety risks.)
FINANCIAL IMPACT:
None from this report.
3O
Incotgorated ~S$9
11A
August ~, 2005
TO:
FROM:
Mayor and City Council through City, Administrator
/
Scott D. Russell, Chief of Police ~
SUBJECT:
National Incident Manaaement System INIMS!
RECOMMENDATION:
It is recommended the City Council adopt the attached resolution authorizing the
adopfion of the National Incident Management System.
BACKGROUND:
Emergency Management is a key function of government and since September 11,
2001 has been a well publicized issue of public interest. Development of the National
Incident Management System (NIMS) was initiated by the 9-11 Commission and was
enacted by Presidential Directive. The system seeks to provide a common system by
which Federal, State, and Local governments can integrate emergency management
funcfions. The City of Woodburn Emergency Operations Plan (EOP) was created, by
enabling ordinance, in order to provide for the safety and security of all residents of
Woodburn in the case of emergency or natural disaster. The EOP is a living document
that is continually updated and amended as new hazards are identified or additional
best practices are developed in the field of emergency management. Integration of
NIMS with the local EOP is a logical step.
DISCUSSION:
NIMs is not a completely new system, but is merely an integration of several key
principles already in use. NIMS will allow various levels of government, as well as
divergent disciplines within government, to work together more easily. NIMS provides
for standardization of: terminology, organizational structure, planning, training, and
exercising. It also seeks to gain interoperability of communications systems, and overall
event coordination. NIMS utilizes the Incident Command System (ICS) as a basic
element, and also provides for Unified Commands, and multiple event coordination as
needed on a regional or national basis in large scale emergencies. The adoption of
NIMS standards by local government bodies is a prerequisite condition for the receipt of
any Federal grant funds allocated to local governments after September of 2005.
Training for NIMS for City Staff has been integrated into ongoing Emergency
Management Training, and is being jointly provided locally by the police department
and the Woodburn Fire District, as well as through o,,nline training by FEMA.
Agenda Item Review: City Administrato~~::' City Attorney ~"~
Finance~
31
Mayor and City Council
August 4, 2005
Page 2
FINANCIAL IMPACT:
Required training to attain basic NIMS standards is available within the adopted
Woodburn Police Department budget for fiscal year 2004-2005. Additional funding to
maintain or expand NIMS certifications will need to be addressed on an as needed
basis in future budgets.
32
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION DESIGNATING THE NATIONAL INCIDENT MANAGEMENT SYSTEM
(NIMS) AS THE BASIS FOR ALL INCIDENT MANAGEMENT IN THE CITY OF
WOODBURN.
WHEREAS, the President in Homeland Security Directive (HSPD)-5, directed
the Secretary of the Department of Homeland Security to develop and
administer a National Incident Management System (NIMS), which would
provide a consistent nationwide approach for Federal, State, local and tribal
governments to work together more effectively and efficiently to prevent,
prepare for, respond to and recover from domestic incidents, regardless of
cause, size or complexity;
WHEREAS, to facilitate the most efficient and effective incident
management it is critical that Federal, State, local and tribal organizations utilize
standardized terminology, standardized organizational structures, interoperable
communications, consolidated action plans, unified command structures,
uniform personnel qualification standards, uniform standards for planning,
training, and exercising, comprehensive resource management, and
designated incident facilities during emergencies or disasters;
WHEREAS, it is necessary and desirable that all City of Woodburn
departments and personnel coordinate their efforts to effectively and efficiently
provide the highest levels of incident management;
WHEREAS, the NIMS standardized procedures for managing personnel,
communications, facilities and resources will improve the City of Woodburn's
ability to utilize federal funding to enhance local readiness, maintain first
responder safety, and streamline incident management processes; and
WHEREAS, the Incident Command System components of NIMS are
already an integral pad of various incident management activities throughout
the City of Woodburn, NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
That the City of Woodburn does hereby establish the National Incident
Management System (NIMS) as the standard for incident management
throughout the city.
Page 1 - Council Bill No.
Resolution No.
33
Approved as to
City Attorney
Date
Approved:
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
Kathryn Figley, Mayor
Page 2 - Council Bill No.
Resolution No.
11B
-Xgcnda Item
August 17, 2005
TO:
FROM:
SUBJECT:
Mayor and Ci ty Council through Ci ty Administ rotor
Julie Moore, C'~E lech III through Public Works Direct
Stop sign on Kotka Street at Cozy Way
RECOMMENDATION:
It is recommended that Council approve the attached resolution authorizing the
installation of a stop sign on Kotka Street at the intersection of Cozy Way.
BACKGROUND:
A request has been made to have a stop sign installed on Kotka Street at the
intersection of Cozy Way. Cozy Way has recently been constructed and now
connects West Hayes and West Lincoln Streets.
Kotka has recently been improved and now connects to Cozy Way making a
through street to West Lincoln instead of a dead end. There is concern from
surrounding residents about traffic cutting through Kotka not stopping at Cozy
Way. This area is near an elementary school and safety for school children is a
concern.
There is currently o stop sign on Kotka where it intersects with W. Lincoln St. (See
attached map)
DISCUSSION:
The Manual of Uniform Traffic Control Devices (MUTCD) states that stop signs can
be warranted on streets that enter a through street or with the intersection of a
less impodant road with a main road. Traffic counts were taken and the
majodty of the traffic is on Cozy Way.
Therefore it is recommended that the attached resolution be approved to allow
the installation of a stop sign on Kotka Street at the intersection of Cozy Way.
FINANCIAL IMPACT:
Estimated cost for installation of one stop sign is $100 including materials and
labor, which will be funded from the regular Street Maintenance Budget.
Agenda Item Review: City AdministratQl~j~ City Attorney Finance'L~
35
tJ-E~ON
60gL
LLCL
gLC~
Otxx
0
00~
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION DIRECTING THAT A STOP SIGN BE INSTALLED ON KOTKA STREET WHERE
IT INTERSECTS WITH COZY WAY.
WHEREAS, ORS Chapter 810 grants to the City of Woodburn, the authority to
install stop signs at various locations within the City limits; and
WHEREAS, the City Council has received and considered the attached staff
report recommending that STOP signs be placed on Kotka Street where it intersects
with Cozy Way; NOW THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That a STOP sign be installed on Kotka Street at the intersection of
Cozy Way.
Approved as to form:
City Attorney
Date
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Approved:
Kathryn Figley, Mayor
Filed in the Office of the Recorder
Al'rEST:
Mary Tennant City Recorder
City of Woodburn, Oregon
Page 1 - Council Bill No.
Resolution No.
11C
August 18, 2005
TO:
FROM:
Honorable Mayor and City Council through City Administrator
/
Scott D. Russell, Chief of Police ~
SUBJECT: Bid Award for Police Facility Construction Project
RECOMMENDATION:
Award the contract for construction of the police facility project to RB&G
Construction, LLC, for $4,444,444.00.
BACKGROUND:
The contract is for construction of the Police Facility Project. The project was
advertised for bid beginning on July 10, 2005, and bids were opened on August
16, 2005. Eight bids were received. The results were:
Bidder
RB&G Construction, LLC.
Corp Inc. Construction
Woodburn Construction Co.
Colamette Construction
2KG Contractors, Inc.
Nomarco, Inc.
First Cascade Corp.
Triplett-Wellman, Inc.
Amount
$4,444,444.00 (~Lowest
$4,574,000.00
$4,578,754.00
$4,637,373.00
$4,710,000.00
$4,736,000.00
$4,738,343.00
$4,998,000.00
Responsible Bidder
DISCUSSION:
The Police Facility Project bid phase has been completed and the apparent
lowest responsible bidder is RB&O Construction, LLC. The project site has been
cleared and is ready for the construction phase to begin. The final project bid
includes all the services and amenities of the facility which where identified as
necessary in the pre-design process and as presented in the final design review.
The bid of $4,444,444.00 is below the City's estimate and within the identified
budget for the project, while still keeping necessary contingencies intact.
Agenda Item Review:
City Administrator/~/City Attorney
Financ~
38
Mayor and City Council
August 18, 2005
Page 2
Accordingly, it is recommended that Council make the lowest responsible
bidder determination and award the contract.
FINANCIAL IMPACT:
.$4,444,444.00 for the project is available from Bond Proceeds placed in the
Capital Improvement Projects fund for the Police Facility Project.
WOODBURN
llD
A
August 22, 2005
TO:
FROM:
SUBJECT:
Honorable Mayor and City Council
John C. Brown, City Administrator
Bid Award for Police Facility Construction Management
BACKGROUND AND DISCUSSION:
A request for proposals to provide construction management services for the
police facility was circulated in July 2005. Seven firms responded with bid
proposals. Of those, six were interviewed, the most recent on Friday August 18,
2005. Background checks are being conducted on the firm of choice, could
not be completed prior to preparation of the agenda package for your August
22, 2005 meeting, but should be completed by Monday. A recommendation for
bid award, and supporting information will be provided to you at Monday
night's meeting.
Agenda Item Review:
City Administra~~'~:~ City Attorney
Finance
40
WOODBURN
11E
August 16, 2005
TO:
FROM:
SUBJECT:
Mayor and City Council through City Administrator
Scott D. Russell, Chief of Police~'v'/
Uquor Ucense New Outlet
RECOMMENDATION:
The Woodburn City Council recommend to the OLCC denial of a New Outlet
application for Neuvo Arandas.
BACKGROUND:
Applicant: Nuevo Arandas
450 N. First St.
Woodburn, OR 97071
Owner:
Antonio Sevilla
Unknown Address
Cecilia Murakawa
Unknown Address
License Type: Umled On-PremiSe Sales - Allows for the sale of malt beverages
and wine for consumption on the licensed premises.
On July 27, 2005 the Woodburn Police Depadment received an application
requesting approval for a new outlet for Nuevo Arandas (formerly known as La
Plapa). The above-mentioned individuals have purchased the business and are
applying for a license.
During the last 12 months the Police Department handled 4 incidents at La
Palapa. One was a disturbance that involved a patron that was drinking at the
Agenda Item Review: City Administrat City Attorney//~J'~ Finance.,~
41
Mayor and City Council
August 16, 2005
Page 2
premise and an employee; however, no charges were filed in the matter. There
were no repoded liquor law violations by the business.
The police depadment has received no communication from the public or
surrounding businesses in support of or against the change of ownership.
The police depadment has attempted to complete a background investigation
on the applicant business, and the owners, however we were unable to do so
due to the fact that the owner has not provided the required information. Staff
has contacted both the owner and the OLCC in an attempt to gain a
completed application and the information contained in it, but has been
unable to. Without this information no investigation can be completed. As the
30 day period for local recommendations will expire on August 27, 2005 it is
recommended City Council deny the application until a completed application
is presented and a complete investigation can be undedaken.
FINANCIAL IMPACT:
None
OREGON LIQUOR CONTROL COMMISSIO~N
LI'QUOR LICENSE APPLICATI ) f:;
:~t_r=ASE PRINT OR TYPE ~-- ~ .................
q~'"' I I ' I f !
LICENSE TYPES
[3 Full On-Premises Sales ($402.60/yr)
[3 Commercial Establishment
/~ Caterer 13 Passenger Cartier
[3 Other Public Location
O Private Club
Limited On-Premises Sales ($202.60/yr)
Off-Premises Sales ($100/yr)
O with Fuel Pumps
I;3 Brewery Public House ($252.60)
[3 VVinery ($250/yr)
13 Othec
'Individuals
ACTIONS
O Change Ownership
/~ New Outlet ·
[3 Greater Privilege
[3 Additional Privilege
[3 Other
Q Limited [3 Corporation
Partnership
1. Applicant(s): [See SECTION 1 of the Guide]
Limited Liability
Company
2. Trade Name (dba):
3. Businese Location: 0S0
(num~, s~L mini m~e) .... (~)
4. Business Mailing Address:
(PO ~x, n~. s~ mini ~e)
5. Business Numbem:
~o~)
6. Is ~e business at ~is I~fion cu~enfly li~nsed by OLCC? QYes
FOR CiTY AND COUNTY USE ONLY
The city council or county commlssio~:
By:
(name of city or county)
recommends that this license be:
Granted O Denied [3
(~gnatum) (date)
(county) (state)(,} (ZiP code)
(city) (state) (zip code)
~No
(fax)
43
Applicant(s~21gnature(s) and Date: .
(D~~j/L..~~ Date. ~
1-800-452-OLCC (6522)
wvvw. olcc.$tate, or. us
7. If yes to whom: Type of License:
8. Former Business Name: '~ k, b L_~ ~_ ~ ~, _~3'~C~L<, ~ n~.<'~ . ·
9 Will youhave amanager? ~t~i'es QNo V 7_ '
10. ~at i, ~0 Io~1 goveming ~dy ~ere your business is located? t ~'~~, -~ ~ '
11.Con~ pers~ for ~is application: - [_~ ~~-- Ya_ e -
(ad~e~) I (~ numar)' (~ail address)'
I undem~nd that if my answem are'not true and complete, the OLCC may deny my license application.
WOODBURN
August 19, 2005
TO:
Mayor and City Council through City Administrator
FROM:
Scott D. Russell, Chief of Police~~/
SUBJECT:
Award of Contract for Constru¢florl Manager Sewices for New
Police Facility_ Construction Prolect
RECOMMENDATION:
It is recommended that the City Council award a contract for construction
management services to the firm of KJM and Associates and authorize the City
Administrator to sign the final form of the agreement.
BACKGROUND:
Preparatory to the commencement of construction on the Police Facility Project the
City released a Request For Proposals (RFP) for construction management services. The
RFP sought to identify the most acceptable firm to serve as the Construction Manager
and Owners Representative on the project. Proposals were received from seven (7)
firms and were evaluated by City Staff based upon criteda set forth in the RFP.
DISCUSSION:
A review committee made up of city staff from Administration, Public Works, and the
Police department reviewed the proposals and conducted interviews. Proposals were
evaluated on many factors including the consultants experience, accomplishments,
ability to complete the scope of work, and cost quotation. Public contracting law does
not require the selection of the lowest bidder for this type of contract. After careful
consideration the firm of KJM & Associates is recommended to the City Council as the
most suitable for the project.
FINANCIAL IMPACT:
The contract is estimated at $104,000 on a "Not to Exceed Basis", and funding is
available within the Capital Improvement Project portion of the adopted Woodburn
Police Department budget for fiscal year 2005-2006.
Agenda Item Review:
City Administrat~~
City Attorney ,Jl~/{'~
Finance
North Marion County- Clockwise
Silverton -~ Salem -~ Brooks -~ Gervais -~ Woodburn -~ Hubbard -~ Woodburn -~ Mt Angel -~ Silverton
Silverton Silverton Central Salem Lancaster Salem Amtrak Lan- Salem BrooksGewais Woodburn Hubbard Woodburn Mt. Angel Mt Angel Orchard Silverton Silverton
Roths Library Howell CCC Mall TransitStationcaster CCC Assem. P 0 Transit St, Agnes Hwy 99/ B4Less Cit~ Hall House Roths Library
Mall Mall of God Uncoln
8:50am 8:53 9:03 9:15 9:30 9:46 9:51 10:00 10:20 10:35 10:45 11:00 11:15 11:20 11:35 11:38 call 11:52 11:55
1:30pm 1:33 1:43 1:55 2:15 2:31 2:36 2:45 3:00 3:10 3:20 3:35 3:50 3:55 4:10 4:13. call 4:26 4:29
5:05pm 5:08 5:11 5:23 5:43 5:59 6:04 6:13 6:28 6:38 6:48 7:03 7:18 7:23 7:38 7:41 call 7:54 7:57
North Marion County-Counter- Clockwise
Silverton -~ Mt. Angel -~ Woodburn -~ Hubbard -~ Woodburn -~
Gervais -~ Brooks -~ Salem -~ Silverton
Silverton Silverton Orchard Mt. Angel Mt. Angel Wood- Hubbard Wood- Gervais Brooks Salem Lancaster Salem Amtrak Lancaster Salem Central Silverton Silverton
Library Roths House City Hall B4Less burn St. Agnes burn P O Assem. CCC Mall Transit Mail CCC Howell Library Roths
Transit Transit of God Mall
6:00am 6:03 call 6:16 6:19 6:38 6:48 6:58 7:08 7:16 7:24 7:35 7:45 7:50 8:00 8:15 8:25 8:35 8:38
12:30pm 12:33 call 12:47 12:49 1:09 1:19 1:29 1:39 1:48 1:58 2:18 2:28 2:33 2:43 3:00 3:10 3:20 3:23
4:40 4:43 call 4:57 4:59 5:19 5:29 5:39 5:49 5:58 6:08 6:28 6:38 6:43 6:53 7:10 7:20 7:30 7:33
For all passengers, CARTS buses can pick up and drop off anywhere within 3/4 mile (approximately seven blocks)
of a route. Please call within one hour to arrange pick up.
For those who cannot access the point to point deviated route system, or who may have appointments that do not
work on the point to point deviated route, call for Dial-A-Ride service. This service is offered Monday to Friday on a
space available basis. Call at least 24 hours in advance to reserve your trip. Same day requests will be accomodated
whenever possible. The fare is the same as the local fare for rides within the local commmunities served.
To arrange transportration or for more information, call 503-58§-5187 or 1-800-422-77~.3.
Buses operate Monday through Friday, except on Federal Holidays.
April 2005