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Agenda - 10/24/2005 CITY OF WOODBURN CITY COUNCIL AGENDA OCTOBER 24, 2005 - 7:00 P.M. KATHRYN FIGLEY, MAYOR W ALTER NICHOLS, COUNCILOR WARD 1 RICHARD BJELLAND. COUNCILOR WARD II PETER MCCALLUM, COUNCILOR WARD 11\ JAMES COX, COUNCILOR WARD IV FRANK LONERGAN, COUNCILOR WARD V EUDA SIFUENTEZ, COUNCILOR WARD VI CITY HALL COUNCIL CHAMBERS - 270 MONTGOMERY STREET 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. City Hall and the Woodburn Public Library will be closed Thursday, November 11,2005, in observance of Veteran's Day. The Aquatic Center will be open. B. A Special City Council meeting to discuss periodic review will be held on October 31, 2005 at 7:00 p.m.. C. WDA will host a Halloween Party at the Woodburn Downtown Plaza on October 30, 2005 from noon to 8:30 p.m. D. The Woodburn Police Department will be participating in a "Hard Target Business Building" seminar to discuss issues surrounding Methamphetamine on November 4, 2005 from 7:30 to 9:30 a.m. at the Woodburn Armory. This free seminar is open to the public. Appointments: None. 4. PROCLAMATIONS/PRESENTATIONS Proclamations: A. Gary Lawhead Day - October 28, 2005 2 Presentations: B. Farewell Presentation - Gary Lawhead C. 99E Pavement and Safety Improvements - Jeanne Lawson Associations, Inc. "Habra interpretes llisponibles para aquellas personas que no hablan Il1fJlesj previo acuerllo. Comuniquese al (503) 980-2485:' October 24, 2005 Council Agenda Page i - 5. COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn Downtown Association 6. COMMUNICATIONS None. 7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council consideration not already scheduled on the agenda. 8. 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 October 10, 2005 Recommended Action: Approve the minutes. 3 B. Planning Commission Minutes of September 22, 2005 Recommended Action: Accept the minutes. 14 C. Building Activity for September 2005 Recommended Action: Receive the report. 22 D. Planning Tracking Sheet dated October 19, 2005 Recommended Action: Receive the report. 23 E. Claims for September 2005 Recommended Action: Receive the report. 26 F. Police Department Statistics - September 2005 Recommended Action: Receive the report. 34 G. Woodburn Memorial Aquatic Center Revenue Comparison Recommended Action: Receive the report. 41 9. TABLED BUSINESS A. Union Pacific Pipeline Crossing Agreement 42 Recommended Action: (1) Remove the item from the table for further consideration and (2) authorize the City Administrator to execute a Pipeline Crossing Agreement with Union Pacific Railroad, as presented, with the understanding that construction of a safety manhole may be added into the Agreement. October 24, 2005 Council Agenda Page ii ~ 10. PUBLIC HEARINGS None. 11. GENERAL BUSINESS - Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the City Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral prerogative. A. Council Bill 2592 - Resolution calling for a public hearing on the 58 annexation of certain property located north of Molalla Road at 2045 Molalla Road Recommended Action: Adopt the resolution. B. Council Bill 2593 - Resolution entering Into Grant Agreement No. 62 22586 with State of Oregon and authorizing the City Administrator to sign such agreement Recommended Action: Adopt the resolution. C. Council Bill 2594 - Resolution entering Into Grant Agreement No. 66 22587 with the State of Oregon and authorizing the City Administrator to sign such agreement Recommended Action: Adopt the resolution. D. Council Bill 2595 - Resolution entering Into Grant Agreement No. 70 22806 with the State of Oregon and authorizing the City Administrator to sign such agreement Recommended Action: Adopt the resolution. E. Mill Creek Greenway Master Plan 74 Recommended Action: Review and comment. F. Amendment to Agreement for Periodic Review Consulting 78 Services Recommended Action: Authorize the City Administrator to execute the attached Addendum to Agreement for Consulting Services with Winterbrook Planning, and any related documents, for fiscal year 2005-06. G. Award of Contract for Community Development Director 96 Executive Search Services Recommended Action: Award a contract for Community Development Director Recruitment Services to the Prothman Company, and authorize the City Administrator to execute an agreement for services in the amount of $14,500, plus related expenses. October 24, 2005 Council Agenda Page iii ,. H. Acceptance of Public Utility and storm Drain Easement 98 Recommended Action: Accept the Public Utility and Storm Drain Easement granted by Lawrence J. and Sharon A. Johnston. I. FY 2004 Local law Enforcement Block Grant Funds 101 Recommended Action: Approve the acceptance of LLEBG funds in the amount of $2,948.00. J. Liquor License New Outlet 102 Recommended Action: Recommend GLCC approval of a new outlet application for Nuevo Arandas. K. Requestto Upgrade Building Inspector/Plans Examiner II Position 105 Recommended Action: Authorize an upgrade of the Building Inspector/Plans Examiner II to a building Inspector/Plans Examiner III, effective November 1, 2005 12. NEW BUSINESS 13. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These are Planning Commission or Administrative Land Use actions that may be called up by the City Council. A. Planning Commission's Approval of Subdivision 04-02 (Phase 4 of 107 the Montebello Subdivision) B. Planning Commission's Approval of Design Review 05-06 and 109 Phase Plan 05-01 (1840 Newberg Highway) 14. CITY ADMINISTRATOR'S REPORT 15. MAYOR AND COUNCIL REPORTS 16. ADJOURNMENT October 24, 2005 Council Agenda Pageiv ~ ;: /~'!\~- -.... ~;- j':'-'..'J .(\,'/~' ;./,<;. ;.C.? ..J' 7',7."-" ;-~.,' .:'-';' ,.:;.i.7"'i..7./'\''J.:'7\177'7'7'i'./..7''7'7'j.V'v.....i'7'7'i''?':;''.;''i.7'7.v'/'TtV'7''7:~/ !.-.-.,:;.jv';.;r3D"7"7~:1 1- .....1 .~ ~ o · :~ .~ ;. ~ . .':. -::. " '-. -0, > ,--~ ':> " . :> -:J: .: .: .: r;> '> ", .. ,/ .. .-~ (= f/' O. ~; Hard Target Business Building " " (, <- t=:" C c' C .: < . ? :~ c' < .~- "What is Meth?" Woodburn Police Department Handling Drugs in the Workplace Elizabeth Vega ''( ~{.\~ \:-:-\J'.'~' ..~.';;W:-''''.':l / .' \ '...6..' .' .__.'.c, / ., -""':""";,# ,,' \ .:,.' ......1l.;\'~.&...~J '\j Identity Theft West Coast Bank Friday, November 4th, 2005 7:30 to 9:30 a.m. Woodburn Armory, 1630 Park Ave., Woodburn, OR Free Craig Christoff at (503) 981-0621 10/31/2005 'J -, :'y '.J ':,:: ? , ';, '.' " 'i. . ":-: ;- -, :--. ;. ". :.. ,':> :~ ~ ::)( ? <- <!')( :> ;. --. ? ~ I ~ ~ ~ The Hard Target Business Building seminar is open to the public. We will have local S > 'j ~ experts and community members talk about issues surrounding Methamphetamine ~ c with a focus towards business needs. 1 .- ~ ~ .~ ~ ~ I> ~ 1_~ ~ C ':> ~ ~ I ~. ~ ~ . "J: ~. ~ ~ :~ ~ .~ ~ ~ .- ~ ? ? ~ ~ < ? c. /J: 'co >< ,-:.... -. <'J: <' '. ..' .~-. :~ '~ " <-. <~y . '. ~.-' ::> -. " ";.. <: 'j " o >:' .: o' '. t.... .: . ." " o t, C o' . t'.- t~ Ii .1 Mar~o,~,~~unty i,-J HEALTH~~~ENT Woodburn ~, .~ Ch-nwher ",Commercej :-.; ".:1 , . " :.l: ~): ... . . o ' ~ . "'. ...O/f_.....~'-...... '. "t__.. ..:JOIl '" . ~ .~.'....J'f '!/IL._ ... .. ......... ._.._ _ ... . ""_"'" _._ "l._",'-.'" ... .. . -"'" ..... 1'L\. ...,_'",._~..~"'.'Jor. _JlL..."t_.__......'~_'.:...L..'!/IL~~'~ '....~'~__1"'~...~!'l~...~..~.......:......'.I!:_:.-'.'l'.__,,_"'I:.'~'...~.""I:--',_..._~"'I.___.. ". ~- ......':.ot:~ o. 0:. >. .> (:: 6 Woodburn Together ~ ,/ .:. r.:::- t~-' .-: c' c' c- .:" ,/ (. :~> o o " 4A PROCLAMATION GARY IAWHBAD DAY OcrOBEB. 28, 2005 WHEUAS, GARY LAWHEAD BEGAN HIS CAREER WITH THE STATE OF OREGON, CHIlDREN'S SERVICES DMSION, ON OcrOBER 15,1976; AND WHEREAS, GARY SERVED THE YOurH OF OREGON FOR MANY YEARS THROUGH THIS AGENCY BEFORE MOVING TO THE OREGON YOurH AurHOlUIY; AND WHEREAS, GARY WAS APPOINTED SUPERINTENDENT OF MACLAREN SCHOOL ON JANUARY 6, 1997; AND WHEREAS, GARY HAS GIVEN POSITIVE DIREcrION TO THE YOUNG MEN IN HIS FACIUIY BY ENCOURAGING THEM TO GIVE BACK TO THE COMMUNITY THROUGH FUNDRAISING FOR CAUSES SUCH AS THE SNOWMAN FOUNDATION, LOVE SANTA, WOODBURN FOOD BANK, AND HUR.RICANE KATRINA RELIEF, AS WELL AS PAINfING THE SETILEMIER HOUSE AND BUIlDING PLAYGROUNDSj AND WHEREAS, GARY HAS ALSO ENCOURAGED HIS STAFF TO PARTICIPATE IN COMMUNITY AFFAIRS AND LED WITH HIS OWN EXAMPLE; AND WHEREAS, GARY'S TENURE AS SUPERINTENDENT OF MACLAREN SCHOOL HAS BENEFITED ITS RESIDENTS, ITS STAFF, AND THE OVEIlALL WOODBURN COMMUNITYj AND WHEREAS, GARY IS RETI1UNG FROM MAClAREN, AND HIS LAST DAY OF WORK WILL BE FRIDAY, OcrOBER 28; Now THEREFORE, I, KATHY FIGLEY, MAYOR OF THE CIIY OF WOODBURN, PROCLAIM FRIDAY, OcrOBER 28, 2005, GARY IAWHEAD DAY. I EXl'END THANKS TO GARY LAWHEAD FOR A JOB WELL DONE, WISH HIM A HAPPY AND PRODUCTIVE RETIREMENT, AND ENCOURAGE OUR CITIZENS TO DO LIKEWISE. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND CAU D THE SEAL F THE CIIY OF WOODBURN TO BE AFFIXED THIS 1 DAY OF OcrOB R 2005. ,.- , \' ..,'\ ~) , . :, l' \'~'f (t"~(fJ) , . .0 Ij~) , ,. :.; ~11' .. ~ ; ~ I .. -=-:' t: -,:;., i ~1 ~ ~, ' ..~ ~ ~ . . . . .', " ..., ., (/I I. , , YN FIG CIIY OF WOO -:~ , ' . ~ (:. . . \." ,\tl\ It b .~ , ^ ~s \ , \-}'> \ ( i \ ,\\: I ' (lIt&. ... llll' 2 SA COUNCIL MEETING MINUTES OCTOBER 10, 2005 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, OCTOBER 10, 2005. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0015 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Police Chief Russell, Interim Community Development Director Zwerdling, Public Works Manager Rohman, City Recorder Tennant 0062 ANNOUNCEMENTS. A)Semi-annual Book Sale: Friends of the Woodburn Public Library will hold their semi-annual book sale on October 21 and 22, 2005 from 10:00 am until 4:00 pm at the Library . B) Aquatic Center will be closed for annual maintenance beginning October 22, 2005 and will re-open with their regular schedule on November 1,2005. C) Recreation and Parks Board meeting for October has been cancelled. D) Water Treatment Plant Ribbon Cutting Ceremony and Open House will be held on October 12,2005,2:00 pm, at the Country Club Road treatment facility site located between Boones Ferry Road and Astor Way. 0118 PROCLAMATION: PUBLIC WORKS WEEK. Mayor Figley declared the week of October 10-14,2005 as Public Works Week within the City and urged local citizens and organizations to learn about the services provided by the Public Works Department and recognize the contributions made by Public Works employees to the health, safety, and livability within our community. 0196 PROCLAMA TION: DISABILITY EMPLOYMENT AWARENESS MONTH. Mayor Figley declared the month of October 2005 as Disability Employment Awareness Month within the City and urged citizens to learn about people with disabilities including their strengths, abilities, and programs serving their needs. 0255 PRESENTATION: COUNTY-WIDE STRATEGIC PLAN. Page 1 - Council Meeting Minutes, October 10, 2005 3 - COUNCIL MEETING MINUTES OCTOBER 10, 2005 TAPE READING Jan Zyryanoff, Marion County Justice of the Peace, stated that Marion County is working on a 5-year strategic planning process and, as a part of the process, the County is surveying local communities to solicit input on community needs and desires. The County Commissioners will then establish their goals and take these goals into consideration when developing their annual budget. The process includes surveying Marion County employees, community leaders, and members of the general public. This process will take a few months to complete and next spring the Council will provide the local communities the results of this process. She stated that a lot of projects will be funded through this process, however, some projects may involve a partnership in order to meet concerns of the Woodburn community. Mayor Figley suggested that the City be given some additional time to think about the responses but was willing to have some initial discussion at this meeting. Ms. Zyryanoff stated that she would appreciate receiving some responses from the Council at this meeting but additional responses can be made via the County's website. In response to the question regarding issues of concern, the Mayor and Councilors cited the need (1) to address methamphetamine issues including drug intervention, treatment, and child safety; (2) to continue to move County services to cities outside of Salem; and (3) for the County Transportation Plan to be interfaced with the City's Transportation Plan. City Administrator Brown stated that he would like an opportunity to work with management staff to discuss issues of concern that can then be brought up to the Council at the next regular meeting as part of a general business item. By the next meeting, the Council will also have some time to think about their own issues of concern and, following Council discussion, a list of issues will be submitted to the County. Ms. Zyryanoff stated that the County would like to receive the responses from the City no later than November 1,2005. 1347 PRESENTATION: WATER TREATMENT FACILITY. Public Works Director Tiwari stated that the new treatment facilities were built to (1) remove iron and manganese from the water, (2) meet state and federal regulations under new guidelines, and (3) provide sufficient water to meet needs of our growing community. This was a very large and complex project which began in 1995 and the goals that had been established were accomplished. He proceeded to playa computer presentation that explains the treatment process. Staff is working on having this presentation in both English and Spanish so that it can be used as an interactive educational tool for all ages at the treatment facility. Director Tiwari stated that as of October 12,2005, almost all customers are receiving water from the new treatment facilities. He also spoke briefly about water hardness and, in Woodburn, the water is considered moderately hard (67 mg to 104 mg). Customers who elect to have soft water need to recognize that if the reason for the softener is to remove iron and manganese then there is no longer a need for them to use the softener. 2673 Councilor Bjelland questioned the level of water hardness and the numbers before and Page 2 - Council Meeting Minutes, October 10, 2005 4 .,. COUNCIL MEETING MINUTES OCTOBER 10, 2005 TAPE READING after treatment. Director Tiwari stated that the range of the water (67 mg to 104 mg) remains constant, however, reductions did occur with the rest of the elements addressed through this treatment process. He stated that everything should be in full operation in about one month. Additionally, the computer presentation will be available on the City's website. He encouraged the public to attend the open house on October 12th. Some discussion was held on water pressure and it was noted that booster pumps are available to maintain water pressure. It was also noted that the elevated tank does provide pressure to the system and booster pumps are pumping against that pressure so that the pressure is equalized throughout the system at 55-60 psi. 3440 Travis Tormanen, representing Kennedy Jenks Consultants, commended City staff for all they did over the last three years and he found them to be very dedicated and responsive in working on this project. Councilor McCallum quesioned the amount of water storage. Director Tiwari stated that the total capacity at the reservoirs is 5.4 million gallons and, even if there is a failure at one ofthe sites, the City can still have water pumped directly from the wells. In regards to a future facility to located in the West Woodburn area, Director Tiwari stated that this facility will most likely not be built until after the City has reached a population in excess of 33,000. 4000 PRESENTATION: EMERGENCY MANAGEMENT UPDATE. Police Chief Russell presented updated information on the City's Emergency Management Plan which provides the procedural guidelines in handling emergencies at various levels. He stated that the Incident Command System (ICS) was established in the 1980's and became the standard for all levels of disaster management with the City beginning our local training in ICS in 1988. The City Council adopted a local emergency management ordinance and ICS was integrated into the City's plan. As a result of the 9- 11 terriorist act, the federal government developed a National Institute Management System (NIMS) which sets ICS as a national standard and it establishes how agencies will work together and put in protocols on how local governments will interact up the chain with the federal agencies. With the recent natural disaster of hurricane Katrina, NIMS is under a system-wide review of how the system should work and what may need to be done to correct any problems that did occur. He briefly reviewed responsibilities at the federal, state, and local level. It was noted that the City Council is the local authority to declare an emergency and direct staff on the direction to take depending upon the type of emergency. The City's emergency management plan provides for 3 operations levels with Level I being an incident at the department level with little or no mutual aid, Level II being a special or unusual incidents requiring response by multiple departments or mutual aid agencies, and Level III being a large or complicated incident requiring coordinating response. He reviewed the logistics involved in a Level III incident which may include local, county, state and federal agency involvement. He described the Page 3 - Council Meeting Minutes, October 10, 2005 5 - COUNCIL MEETING MINUTES OCTOBER 10, 2005 TAPE READING different types of Hazard Specific Plans included in the City's emergency operations plan. Two types of hazard specific plans are (1) natural disasters and (2)man-made disasters such as utility failures, terrorism, civil disorders, water system failures, hazardous materials, transportation and industrial accidents. It was noted that the plans are based a 72-hour self-sustaining period and plan exception is then reviewed for the next 72-hours. The emergency operations plan is currently under review and will be updated so that the NIMS standards can be applied. Each individual emergency operation plan is updated and reviewed as-needed based on an actual experience either within our community or experienced by others. Staffhas been doing a lot of training in basic incident commander and NIMS. Included in the training are police and public works line supervisors, School District employees, and MacLaren School employees. The Command personnel have all had ICS and NIMS and at least one or more general staff specialities training, operations, logistics, and/or finance. The Emergency Program Manager is trained in all of the ICS and NIMS and in all of the general staff and command specialities. He stated that he has completed all of the required training except for the Unified Command School. In regards to emergency management exercises, the City has participated in local exercises involving the City, Fire District, Ambulance service and other involved agencies. 6551 Councilor McCallum questioned if the City participated in last Saturday's event in Salem. Chief Russell stated that the City had asked to actively participate but Salem only wanted the City to be a evaluator, therefore, the City did not participate. However, the City will do their own exercise in the spring of2006. Unified Command meetings have begun and members have identified some things that they would like to do which includes the updating of the Emergency Plan, generating systems for resource management tracking, developing a joint information system, and enhancing local and state-wide communication both radio and data. The Emergency Preparedness Group (line supervisors, operators, and staff from different agencies) are doing staff training and small exercises for the purpose of building up to this larger scale spring exercise. The Police Department and Unified Command are also working on regional disaster planning such as a large earthquake that would have wide regional issues. It was also noted that the Community Response Teams are trained by the Fire Department and Ambulance Services whereas Community Preparedness is part of a Red Cross training program. Tape 2 0001 Councilor McCallum thanked the Police Chief for this detailed presentation. He questioned how the public would be notified of an emergency situation. Chief Russell stated that mass media is the fastest way provided that it is good information that is released. Another option is an emergency broadcast system in a real emergency situation. Another system is a reader board along the roadways. In regards to door-to-door notification, this type of notification is too labor intensive and staff is needed to get other things in place during an emergency situation. Page 4 - Council Meeting Minutes, October 10, 2005 6 ~ COUNCIL MEETING MINUTES OCTOBER 10, 2005 TAPE READING 0450 CHAMBER OF COMMERCE REPORT. Nick Harville, Executive Director, updated the Council on the following Chamber activities: 1) Chemeketa Community College will be working with the Chamber to develop some hospitality curriculum that can be offered at the Woodburn campus; 2) SEDCOR (responsible for Marion and Polk Counties Economic Development) will be creating some training classes in Woodburn to train workers for the purpose of raising the skill level of workers; 3) On October 19,2005, the Chamber will be partnering with Data Vision to put on a seminar at Mid-Valley Bank titled "Marketing to Latinos" for the purpose of educating Anglo businesses about the demographics of the Latino businesses in Woodburn and within this region. It was noted that in a few months this type of program will be a reversal in an effort to educate Latino businesses about marketing to Anglos. 4) The North Willamette Tourism Alliance met last Wednesday and, in attendance, was Terry Cole from ODOT and Mike McCarthy from Marion County. He stated that an ODOT consultant presented a map to the Tourism Alliance that covers our entire region and this map will be given to the Alliance at no cost provided that ODOT is given a calendar of events so that they can plan traffic control months in advance. He stated that the Alliance will give ODOT an annual report of events that cause traffic congestion. The map will provide primary and secondary routes through the communities which should relieve some of the pressure on the main routes used by tourists. He stated that another advantage to the map is that they can mark out bike routes and driving tours for tourists. ODOT and the County see this as an opportunity to go out and display portable signs to route motorists through the communities. 0830 WOODBURN SCHOOL DISTRICT REPORT. Walt Blomberg, Superintendent, stated that the School District has over 4,800 students this year which is about 100 more than last year. In looking toward the future, a Facilities Planning Team is trying to develop what the district's needs will be over the next 10 years. If a bond issue is proposed, it is anticipated that the measure will be on the November 2006 ballot. He spoke briefly on how the Woodburn School District is being rated within the State and all ofthe elementary schools are satisfactory, French Prairie middle school will be rated satisfactory and Valor middle school will be rated strong. However, the high school will be rated low even though they have shown improvements but not enough to bring it to satisfactory rating. He stated that going to a small schools concept for the high school should improve the future ratings since it will allow more focus on curriculum and more relevance in school. The School Board will be acting on the four school concept at their October 20, 2005 meeting and the themes for the schools include Health / Wellness, Applied Sciences, Technology, Engineering; International School; and Arts and Communication. As a member of the Chamber Board, he also urged the Council to vote favorably on the Page 5 - Council Meeting Minutes, October 10, 2005 7 ~ COUNCIL MEETING MINUTES OCTOBER 10, 2005 TAPE READING Transient Tax grant funds to the Chamber since they are dedicated to the idea of Tourism and Economic Development. Councilor Bjelland expressed his opinion that the small school initiative is an excellent way to go and having only a 5% dropout rate in Woodburn is an illustration of the School District's effort to make sure that students remain in school as long as possible. Completion of school will determine not only the student's long term economic well- being but that of the community since they are the future work force that drives the economy. 1365 CONSENT AGENDA. A) approve Council meeting minutes of September 12, 2005; B) approve the regular and executive session minutes of September 19, 2005; C) accept the Library Board minutes of September 14,2005; D) accept the Planning Commission minutes of August 25,2005; E) accept the draft Recreation and Park Board minutes of September 20,2005; F) receive the report on Claims for the month of August 2005; and G) receive the Fall Leaf Collection Program informational report. Councilor McCallum requested that staff provide an updated Recreation report since it has not been in the agenda packet over the last three months and he would like to see current statistics on recreation programs and the pool. MCCALLUM/NICHOLS... adopt the Consent Agenda as presented. The motion passed unanimously. 1466 TABLED BUSINESS: UNION PACIFIC RAILROAD PIPELINE CROSSING AGREEMENT. City Administrator Brown stated that staff will be prepared to discuss this item with the Council at the next regular Council meeting. 1481 COUNCIL BILL NO. 2590 - RESOLUTION ENTERING INTO THE STF 108 MARION COUNTY RURAL AGREEMENT WITH SALEM AREA TRANSIT DISTRICT FOR FISCAL YEAR 2005-2006. Councilor Sifuentez introduced Council Bill 2590. 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 2590 duly passed. 1555 COUNCIL BILL NO. 2591 - RESOLUTION AUTHORIZING TRANSFER OF Page 6 - Council Meeting Minutes, October 10, 2005 8 - COUNCIL MEETING MINUTES OCTOBER 10, 2005 TAPE READING OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL YEAR 2005-06. Council Bill 2591 was introduced by Councilor Sifuentez. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2591 duly passed. 1606 2006 TRANSIENT OCCUPANCY TAX GRANT FUNDS. Nick Harville, Chamber Executive Director, stated that the new Visitor's Center had drawn 2,247 visitors in the first 30 days and disbursed over 13,000 pieces of information about Woodburn and the surrounding area. Information obtained through surveys at this location gives the Chamber an opportunity to evaluate how to market and promote Woodburn and to gather information for the purpose of targeting the markets. The Visitor Center is funded completely through the Chamber and it is a partnership between the Oregon Travel Information Council and Woodburn Company Stores. The Chamber staffs the Center and the estimated cost to operate the Center is $25,000. Councilor Nichols questioned how much financial support has other local communities given to the Chamber to support the Center since the Chamber is promoting Woodburn and the surrounding communities. Mr. Harville stated that several of the communities with a Chamber or businesses have purchased several panels in kiosks to display literature. Within the Tourism Alliance, the Woodburn Chamber is leveraging their dollars with Chamber organizations in Silverton and Mt. Angel to provide better marketing of the various communities. In some cases, the contribution is in-kind services rather than monetary. However, he will be approaching these communities for monetary support over the next year. Councilor Nichols stated that the Chamber has been doing an excellent job in bringing tourists into Woodburn and feels that the new Center will improve the numbers even more. Mr. Harville stated that the proposal was for $53,000 which includes marketing, tourism promotions, Center operations, and printing. However, the grant amount would be approximately $44,000 based on projected transient occupancy tax revenues for fiscal year 2005-06. Councilor McCallum agreed that the Chamber has done a great job in promoting tourism but the City's current ordinance calls for a competitive process for organizations to apply for grant funds. However, the staff report indicated that this would be a one-time situation to award a grant to the Chamber in the full amount. Administrator Brown suggested that it be considered a one-time situation thereby giving the Council an opportunity to review statistical information on the Center over the next year. Additionally, the Council will need to change the ordinance ifthe Council elects to do business differently than how it has been done in the past since the ordinance was adopted to provide accountability for the money being distributed. The ordinance was also written to require the funds be distributed through a grant process, however, it did not need to be done through a competitive grant process. The Council had adopted Page 7 - Council Meeting Minutes, October 10, 2005 9 - COUNCIL MEETING MINUTES OCTOBER 10, 2005 TAPE READING guidelines which are very stringent and do require a competitive process. He felt that Council would have the flexibility in the ordinance to grant the funds to the Chamber as long as the funds are granted rather than dedicated to the Chamber. In any event, the Council will need to make some change to the guidelines whether it be waiving them for the year or to take out the competitive process. If the Council would elect to provide the Chamber with a dedicated funding source for the future, then the ordinance will need to be changed. Mayor Figley stated that she is a board member of Cascade Scenic Railway and they are in the process of spending a grant that was awarded this time last year. If the ordinance is not changed, they would be considering submittal of a grant proposal to the City next October. She stated that there are other non-profit groups that could apply for these funds and she did not want to make a change to the ordinance other than dispensing with the competitive process for this year only. Discussion was held regarding the distribution of all of the funds to the Chamber for one year with a degree of accountability agreed upon between the City and the Chamber. Mr. Harville stated that the Chamber's budget for this year does not include any Transient Occupancy Tax funds and these funds, if received, will accomplish the goals and tasks that they have set out to achieved. Councilor Cox stated that he is in agreement with granting the funds to the Chamber for this year only but reiterated that the Chamber could not regard these funds as an entitlement and that they need to continue to be accountable and, at some point in time, there may be other applicants for funds with worthy projects that will get some of the funds. Councilor Bjelland questioned the occupancy rate of existing hotels / motels within the City. Mr. Harville stated that most of the properties do very well in the summer months but occupancy is down to 9% during the rest of the year. 3188 COX/NICHOLS... direct the City Administrator prepare appropriate documents to be submitted to the Council for awarding the grant for one year for the full amount without any change in the ordinance with a waiver for this year of the annual competitive bidding process. The motion passed unanimously. 3250 OREGON LIOUOR LICENSE APPLICATION: BILLY O'DELl & PUB. 2267 Country Club Road. Billy 0 Deli, LLC, submitted an application for a full on premise sales liquor license which would allow for the sale and service of distilled spirits, malt beverages and wine for consumption on the premise. BJELLAND/SIFUENTEZ.... recommend to the Oregon Liquor Control Commission (OLCC) the approval of a liquor license for Billy O'Deli & Pub granting greater privileges. Page 8 - Council Meeting Minutes, October 10, 2005 10 COUNCIL MEETING MINUTES OCTOBER 10, 2005 TAPE READING Chief Russell stated that the current license allows for the sale and service of malt beverages and wine for consumption on the premise. To date, there has been no incidents at the location. Councilor McCallum stated that he still has concerns about allowing alcohol sales in the general area in which this business is located. The motion passed 4-2 with Councilors McCallum and Nichols voting nay. 3518 OREGON LIOUOR LICENSE APPLICATION: RUMORS BAR & GRILL. 327 N. Pacific Hiehway. Blackbird Enterprises LLC submitted a Change of Ownership application for a full on- premise sales liquor license. Chief Russell stated that Ms. Wiltsey had owned the bar for several years and the restaurant had been a joint effort with Bowers Steakhouse. The restaurant operators have since left and Ms. Wiltsey is now liquidating all of her holdings with the exception of the Raven Tavern. It was noted that Rumors Bar & Grill currently holds a full on-premise license. BJELLAND/SIFUENTEZ.... recommend to the Oregon Liquor Control Commission approval of the change of ownership application for Rumors Bar & Grill. The motion passed 5-1 with Councilor Nichols voting nay. 3639 ACCEPTANCE OF BANCROFT BOND APPLICATIONS. Staff recommended the acceptance of Bancroft Bond applications submitted by the following property owners within the Boones Ferry Road Local Improvement District: Anna Ganovicheff, Humberto & Wanda Palafox, Dean & Shelly Mallon, Olga M. Contreras & Martin Cruz Salcido, Darryl & Emily Jensen, Donald & Rhonda Judson, Theresa Joy, Tom Capps, Thomas & Elaine Yoder, Thomas & Shaylene larsen, Santiago & Kelly Kent, Rex & Keenin Young, Arina Hall, Tobin Saalfeld, Allen & Lana Hubenthal, Jose Guzman, Gary & Katherine Mueller, Anthony & Mariana Temple, Richard & Victoria Bellum, Richard Everson, and Catherine Holland. COX/MCCALLUM... accept the Bancroft Bond applications submitted by property owners within the Boones Ferry Road Local Improvement District which were filed after the initial 10-day filing period. The motion passed unanimously. 3686 AWARD OF CONTRACT: EMPLOYEE BENEFIT INSURANCE AGENT OF RECORD. BJELLAND/NICHOLS.... award a contract for Employee Benefit Insurance Agent of Record to the firm of Willis of Oregon, Inc. and authorize the City Administrator to Page 9 - Council Meeting Minutes, October 10, 2005 11 - ~ COUNCIL MEETING MINUTES OCTOBER 10, 2005 TAPE READING execute an agreement for an amount not-to-exceed $32,000.00. The motion passed unanimously. 3729 CONTRACT AWARD: IMPROVEMENTS TO PARR ROAD AND NO NAME STREET. Bids for street improvements were received from the following contractors: Morse Bros. Inc., $306,078.20; Parker Northwest Paving, $306,519.10; Civil Works NW, $331,122.50; Eagle Elsner, $349,435.00; D & D Paving, $358,071.50; North Santiam Paving Co, $368,898.00; 2KG, $385,000.00; Kerr Contractors, $385,350.50; and Roy L Houck, $398,429.75. NICHOLS/MCCALLUM... award the construction contract to the lowest responsible of Morse Bros., Inc. for street improvements on Parr Road and No Name Street in the amount of $306,078.20. Councilor McCallum stated that he was glad to see that No Name Street will soon be paved and the City will have one less unpaved street within our city limits. The motion passed unanimously. 3818 ENERGY SAVINGS PERFORMANCE CONTRACT AT THE WASTEWATER TREATMENT PLANT. Staff recommended that BacGen be awarded a contract to provide a facilities audit and energy efficient upgrades to the Wastewater Treatment facility which will be funded by the Energy Trust of Oregon. NICHOLS/SIFUENTEZ... authorize the City Administrator to execute an agreement with BacGen Technologies to provide energy efficient upgrades and process optimization at the Wastewater Treatment Plant. The motion passed unanimously. 3870 LEAGUE OF OREGON CITIES CONFERENCE AND BUSINESS MEETING. Administrator Brown stated that Councilor Sifuentez is the only member of the Council who has expressed an interest in attending this year's conference and staffhas registered her for the conference. MCCALLUM/COX.... Councilor Sifuentez represent the City at the Annual Business Meeting. The motion passed unanimously. 4016 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Community Development Director's approval of Design Review 05-08 (1776 Country Club Road): Applicant requested approval to construct a 960 square foot accessory building. Councilor Cox stated that this is a very small structure but it does point out one of the many inconsistencies in the Development Ordinance which includes the notice requirements. Interim Director Zwerdling stated that notices of the application were sent to 290 property owners. Page 10 - Council Meeting Minutes, October 10, 2005 12 COUNCIL MEETING MINUTES OCTOBER 10, 2005 TAPE READING No action was taken by the Council to call this approval up for review. 4184 CITY ADMINISTRATOR'S REPORT. Administrator Brown reminded the Council that this is the time of the year that his performance evaluation is due. He will be sending out the evaluation forms and would like to put it on the next agenda under executive session. 4216 MAYOR AND COUNCIL REPORTS. Councilor Lonergan stated that he will be out of town for the next meeting. Councilor McCallum thanked Chief Russell and Public Works Director Tiwari for their presentations at this meeting. Councilor Bjelland stated that he is also scheduled to be out oftown for the next regular meeting and questioned if the evaluation could be held over until the first meeting in November. Administrator Brown agreed with the Council's request to conduct the performance evaluation in November. 4353 ADJOURNMENT. MCCALLUM/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:38 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 11 - Council Meeting Minutes, October 10, 2005 13 ..., ~ 88 WOODBURN PLANNING COMMISSION MEETING MINUTES SEPTEMBER 22, 2005 TAPE READING 0001 CONVENED. The Planning Commission met in a regular session at 7:00 p.m. in City Hall Council chambers with Chairperson Lima presiding. 0025 ROLL CALL. Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Lima Bandelow Vancil Grigorieff Hutchison Jennings GrosJacques Present Absent Present Present Present Present Present Staff Present: Naomi Zwerdling, Interim Community Development Director; Mary Tennant, City Recorder For the record, Chairperson Lima read a statement of procedure to be following during this meeting. 0099 MINUTES. A) Planning Commission minutes of August 25, 2005. V ANCIL/GRIGORIEFF... accept the minutes as written. The motion passed unanimously. 0136 COMMUNICATIONS. A) Woodburn City Council minutes of August 8, 2005 B) W oodbum City Council minutes of August 22, 2005 0170 PUBLIC HEARING: SUBDIVISION 04-02 - PROPOSAL TO SUBDIVIDE LOTS #3 AND #4 OF THE TOWN CENTER AT WOODBURN SUBDIVISION INTO 64 SINGLE FAMILY DWELLING LOTS AND ONE COMMON LOT (MONTEBELLO IV SUBDIVISION). Capital Development Company. Chairperson Lima declared the public hearing open at 7:00 p.m. No Commission members declared a conflict of interest or ex-parte contacts regarding this matter. Interim Director Zwerdling read the land use statement required under ORS Chapter 197. She reviewed the staff report on the proposed subdivision of approximately 16.88 acres into 64 single family dwelling lots and one common property tract for Phase 4 of the Montebello Subdivision. It was noted that the property is zoned single family residential and is surrounded by medium density residential zoned property to the north, commercial Page 1 - Planning Commission Meeting Minutes, September 22, 2005 14 "!' WOODBURN PLANNING COMMISSION MEETING MINUTES SEPTEMBER 22, 200S TAPE READING general zoned property to the west, Marion County Urban Transition Farm zoned property to the east, and Marion County Exclusive Farm use zoned property to the south. It was noted that the property to the east is located outside of the city limits but within the urban growth boundary and the property to the south is located outside of the city limits and outside of the urban growth boundary. The applicant is part of the Town Center at Woodburn Subdivision and they had platted the entire subdivision which shows all of the dedications of the roadways in this area including roadways that have not been built to date. In reviewing the subdivision application, all applicable standards were met in the W oodbum Development Ordinance and staff is recommending approval of Subdivision 04-02 subject to the conditions of approval listed within the staff report. She stated that this property does include wetlands on lots #2, #3, and #5 and Tract "A" on the map is a common area which will not be built upon for the purpose of not affecting the wetland area. The applicant currently has an application before the Division of State Lands (DSL) and there is a proposed condition of approval that the City obtain final approval from DSL prior to final plat approval. If the DSL allows some building on this area, then the applicant would need to come back to the City to get approval for additional building lots. It was also noted that the dotted line on the preliminary plat map (Exhibit "A") is the delineated boundary of the wetlands. 1024 John Donaldson. 2824 Madrona Beach Rd. Olvrnoia. W A, Capital Development Company, stated that his company has been before the Commission on several occasions since they acquired the property in 1992. This is a mixed-use development and once Montebello 3 & 4 are built out, there will be over 300 homes in this area. The next part of the project is more difficult for them but it involves a 60-acre parcel adjacent to the freeway and they have been working hard to bring some complementary retail tenants to this commercial location. In regards to the wetland issue, the wetland delineation report they reviewed in 1992 indicated the potential for a very small amount of wetland on the southern boundary of the property. When his company went into creating smaller parcels for the Woodburn Town Center project, DSL notified them that they had been looking at photographs from the 1930's and it was determined that there were over 7 acres of wetlands on this property. He stated that they have submitted both on-site and off-site mitigation plans with DSL which will be covered in more detailed by George Wilhelm. He complimented the staff on their work in moving this project forward. George Wilhelm. Wilhelm Engineering. P.O. Box 561. Woodburn, stated that Capital Development is requesting approval of the preliminary plat for Montebello 4. The property was annexed in 1992 with Comprehensive Plan Amendment and Zone Change approved in July 1999 with the preliminary plat for Montebello 1. Montebello 2 was approved in July 2000 and Montebello 3 was approved in 2003 but Montebello 3 has not been built as of this date. It was noted that the final plat for Town Center at Woodburn was recorded in 2004. He stated that Montebello 4 includes 64 residential lots and "Tract Page 2 - Planning Commission Meeting Minutes, September 22, 2005 15 ., WOODBURN PLANNING COMMISSION MEETING MINUTES SEPTEMBER 22, 2005 TAPE READING A" which is preserved as a wetland. The applicant is in the process of constructing Stacy Allison Way to Hooper Street, all of Hooper Street, Center Street, and the extension of Evergreen Road to the south end of the Town Center plat. The applicant is also proposing to record CC&R's which would provide for uniform fencing and maintenance standards along Hooper Street and, if necessary, maintenance for Tract A. He reviewed the issues that have delayed the infrastructure in Montebello 3 and 4 in regards to the wetlands. The applicant is working with Coffey Geo-Science consultants to determine the extent of the wetland and developing a mitigation plan. Over the last few months, an agreement with DSL has been reached regarding the extent of the wetlands, and, in the last month, a fill permit and mitigation plan has been submitted to DSL and the Corps of Engineers. DSL has insisted on a criteria that the applicant avoid some of the wetlands on-site and provide some on-site mitigation. The preliininary plat includes a "Tract A" which is a 2.94 acres set-aside for wetland preservation and enhancement and is the majority ofthe on-site mitigation for the entire Town Center plat. On this property, DSL has the following objectives: 1) elimination of exotic vegetation and development of a hydrologic connection with the wetland to the east; 2) establishment of native wetland vegetation; and 3) the mitigation site will meet the 1987 vegetation and hydrology criteria within five years. He stated that the applicant's first choice was to established an off-site wetland with no wet-land development in the residential areas but the DSL was very clear that they would not approve any plan that did not include on-site mitigation. The agreed total wetland area on the entire 120-acre site is 7.62 acres and the permit application submitted within the last month includes 11 acres of off-site mitigation, avoiding 0.4 acre on-site, and the 2.94 acres identified as "Tract A". In summary, the applicant believes that the application meets all of the pertinent criteria for approval, find that the staff report is complete, and requested Commission approval of preliminary plat for Montebello 4. 2120 Commissioner Hutchison questioned if a homeowners association would be established that would include the maintenance of the wetlands area. Mr. Wilhelm stated that the on-site mitigation area will have specific plantings and DSL will be monitoring that area for at least 5 years. During that period of time, the owners will be making sure that the native wetland plants and hydrology get established. After that time, in theory, there should not be maintenance since it will be considered a wild area. It was noted that the DSL will take control over the wetland area. Interim Director Zwerdling stated that the condition in the staff report allows for the property owner or Homeowner's Association to maintain the wetland area but the wetland area is under the jurisdiction ofDSL who will make the decision as to what maintenance, if any, is to be done. Commissioner GrosJacques questioned how non-native plants will be controlled in the Page 3 - Planning Commission Meeting Minutes, September 22, 2005 16 WOODBURN PLANNING COMMISSION MEETING MINUTES SEPTEMBER 22, 2005 TAPE READING wetland area. Mr. Wilhelm stated that this question was beyond his area of expertise. 2447 No one in the audience spoke either for or against the application. Chairperson Lima declared the public hearing closed at 7:40 p.m. Commissioner Jennings stated that this development began many years ago and he now understands why it has taken so long to get to this stage. He expressed his support of the application. Commissioner Vancil also expressed his support for the proposal but he expressed his concern regarding lack of playground facilities in this area. He stated that the nearest facility is Nellie Muir School and felt that with the amount of Parks Systems Development fees collected from this development alone should result in at least the development of a small playground for this development. He had spoken with the Park and Recreation Director who referred him to the Capital Improvement section of the City's budget which shows how system development funds are proposed to be spent in future years. He reiterated that he has a serious concern and suggested that future revisions of the development ordinance provide for parkland development. Chairperson Lima expressed his concern on the traffic generation that this new development will create since, over time, it will cause more congestion near the interchange. He is also concerned with overcrowding in the schools since this development will have a large number of children in the households. Even though this is not their area to decide, he stated that the City will need to address these issues within the near future. Commissioner Jennings stated that he has driven through this subdivision over the years and he has been surprised as to how freely the traffic does flow in the area and not created the traffic congestion that was anticipated. He agreed that the regular commute does create traffic congestion but he also felt that the City is closer to have improvements to the 1-5 interchange which will help to relieve some of the congestion. He also expressed his concern on the lack of playgrounds in that area. Brief discussion was held regarding the strip of land that currently belongs to the City which has been designated as a future walkway rather than parkland. Commissioner Jennings suggested that concerned citizens approach the City Council to petition that playground equipment be placed in the strip. V ANCIL/GROSJACQUES... approve Subdivision 04-02 as written by staff contingent Page 4 - Planning Commission Meeting Minutes, September 22, 2005 17 - ..... WOODBURN PLANNING COMMISSION MEETING MINUTES SEPTEMBER 22, 2005 TAPE READING on the conditions presented in the staff report and direct staff to prepare a final order for adoption at the next meeting. On roll call vote, the motion passed unanimously. 3200u PUBLIC HEARING: ANNEXATION 04-02. ZONE CHANGE 04-02. AND DESIGN REVIEW 04-18 - PROPOSAL TO ANNEX 9.62 ACRES OF LAND INTO THE CITY. CHANGE ZONING FROM MARION COUNTY URBAN TRANSITION FARM (UTF) TO CITY COMMERCIAL GENERAL (CG). AND FOR DESIGN REVIEW APPROVAL OF A CHURCH FACILTY TO BE LOCATED AT 2045 MOLALLA RD. Latter Dav Saints Church. ChaiIVerson Lima declared the public hearing open at 7:51 p.m. No Commission members declared a conflict of interest or ex-parte contacts. Interim Director Zwerdling read the land use statement required by ORS Chapter 197. She reviewed the staff report on the proposed annexation of property located at 2045 Molalla Road along with the proposed change in zoning and design review of a 25,000 sq. foot church facility, 300 sq. foot storage building, and 1,800 sq. foot covered picnic shelter. It was noted that the property to the west and east are designated as Commercial on the City's Comprehensive Plan map, the property to the north is the site ofthe MacLaren Youth Correctional Facility, and the property to the south (located across from Highway 2111M0lalla Rd) is zoned medium density residential (RM). Currently, there is a single family dwelling on the property. The applicant has met all applicable standards in the W oodbum Development Ordinance and the applicants will be meeting all of the infrastructure requirements. She reviewed the site plan which will include one access onto Highway 211 and the applicant will be required to go through ODOT for the access permitting process. Additionally, staff has worked with the applicant to provide for a shared-access easement so that when the properties to the west develop there is an opportunity for them to also utilize that access. The applicant's landscaping plan far exceeds the City's requirements. The main building is in the front portion of the site with a trash enclosure and storage building located on the east side of the site. The pavilion (covered picnic area) will be located on the rear side ofthe building. All of the parking, landscaping, design, and setback requirements have been met. Commissioner Jennings questioned if the western boundary of this property abuts the Truss- T property. Interim Director Zwerdling stated that it does abut the Truss- T property. 4100 Mark Cottle. Land Use Consultant for the Church of Jesus Christ Latter Day Saints. P.O. 1124. Sherwood. OR, stated that this building will function as a Stake building (administrative group meeting site) and a Ward building. There will be two Wards in this building and is in addition to the LDS Church located on Country Club Road which also Page 5 - Planning Commission Meeting Minutes, September 22, 2005 18 "'T' ".,- WOODBURN PLANNING COMMISSION MEETING MINUTES SEPTEMBER 22, 2005 TAPE READING houses two Wards. He stated that this building will be used throughout the week for their various programs. He stated that this facility will have 297 parking spaces. One property owner to the east has contacted them about the impact this building may have on her growing capacity since she does grow her own food. Their architect and landscape architect have been working with her to diminish any negative impact on throwing shadows from trees planted or fencing installed. A chain linked fence will be installed but no slats will be inserted on the portion of land that they share with her per her request. It was also noted that the parking lot is setback from the property line so that there is a buffer zone and appropriate size shrubs will be planted as a buffer. The picnic area will be used for the most part on the weekends with very little Sunday use. He stated that the storm ponds will not be ponds rather they will be bio-filters mainly to control the water and there will not be standing water in the ponds on a long term basis. 5049 Mack McSwain. McSwain Architects. 4040 SE International Way. Suite E-204. Milwaukie. OR 97222. stated that he had spoken with the neighbor today about her concerns and, as a result, the trash enclosure will be relocated from the proposed location on the east side to an area next to the west side of the building with a slatted fence around it. If it meets City approval, they would like to relocate it from the east side of the building to a location to the west. She had also requested that a temporary fence be erected at the beginning of construction so that earth moving equipment does not inadvertently cross over to her property and also protect the tree roots that are along the property line. Chairperson Lima questioned if the relocation of the storage building and trash enclosure are within the prerogative that she has in working with the applicant. Interim Director Zwerdling reminded the Commissioners that they will be recommending approval with conditions to the City Council and another public hearing will be held before the Council. Therefore, it is possible to make changes to the plan at this point in time. No one in the audience spoke either for or against the application. Chairperson Lima declared the public hearing closed at 8:16 p.m. Commissioner Vancil spoke in favor of the project and felt that it would be a nice addition to that area of our community. Commissioner Grigorieff stated that she was impressed with the applicant's willingness to work with their neighbor to address her concerns along with traffic issues prior to this hearing. Page 6 - Planning Commission Meeting Minutes, September 22, 2005 19 - WOODBURN PLANNING COMMISSION MEETING MINUTES SEPTEMBER 22, 2005 TAPE READING V ANCIL/GRIGORIEFF... approve and request that a final order be prepared on Annexation 04-02, Zone Change 04-02 and Design Review 04-18 with the requirements as noted by the staff including the placement of the storage building and trash receptacle in an otherwise appropriate place upon staff approval which meets code requirements. On roll call vote, the motion passed unanimously. 5764 Interim Director Zwerdling stated that she had just now received a letter from an individual in the audience regarding the LDS application. Since it was submitted after the hearing was closed, she will forward it on to the City Council as part of their public hearing packet. 5860 Commissioner Vancil referred back to the issue of parks and questioned if there was something the Planning Commission could do to address location of neighborhood parks. Interim Director Zwerdling stated that working with Parks & Recreation Director Westrick would be the best source since he handles the Parks plan. Commissioner Jennings felt that Director Westrick should have referred Commissioner Vancil to City staff on this issue rather than the City Council. 6090 Commissioner Jennings questioned the hiring status for the secretarial position. Interim Director Zwerdling stated that she has conducted interviews for the position and hopes to have a person hired for the position within the near future. 6219 REPORTS. A) Building Activity for August 2005. B) Planning Project Tracking Sheet (revised September 8, 2005) Interim Director Zwerdling stated that a public hearing on the Newberg Highway office complex (1840 Newberg Highway) will be held at the next meeting. There are other projects pending but they are at different levels of review and not ready for the public hearing process. 6375 Commissioner Jennings stated that the City broke ground yesterday on the new Police Facility. He stated that there were some very kind words of the Planning Commission expressed by the Consultants at the groundbreaking. Chairperson Lima stated that he would not be in attendance at the October 27, 2005 meeting and he is unsure ifhe will be able to make the following regular meeting. Commissioner GrosJacques also stated that he would not be present at the October 27, Page 7 - Planning Commission Meeting Minutes, September 22, 2005 20 ...., ...- WOODBURN PLANNING COMMISSION MEETING MINUTES SEPTEMBER 22, 2005 TAPE READING 2005 meeting. 6563 ADJOURNMENT. JENNINGS/GROSJACQUES... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:29 p.m.. ~/ APPROVED! O'~ 1c/t~S- CLAUDIO LIMA, CHAIRPERSON Date ATTEST ~~ Naomi Zwerdling , Interim Community Development Director City of Woodburn, Oregon /1)) ? /05 , Date Page 8 - Planning Commission Meeting Minutes, September 22, 2005 21 ~ 8e CITY OF WOODBURN Commupity Development MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 ' (503) 982-5250 Date: October 6, 2005 To: John Brown, City Administrator From: Building Division Subject: Building Activity for September 2005 2003 2004 2005 Dollar Dollar Dollar No. Amount No. Amount No. Amount New Residence Value 11 $1,633,922 7 $960,011 8 $1,031,380 Multi Family 0 $0 0 $0 0 $0 Assisted Living Facilities 0 $0 0 $0 0 $0 Residential Adds & Alts 9 $49,450 8 $49,464 2 $14,737 Industrial 0 $0 0 $0 0 $0 Commercial Value 7 $273,210 13 $2,065,976 13 $663,559 Signs, Fences, Driveways 3 $9,000 4 $12,400 4 $12,090 Manufactured Homes 1 $57,000 0 $0 1 $65,000 TOTALS 31 $2,022,582 30 $3,087,851 28 $1,786,766 Fiscal Year (July 1- $11,027,295 $8,651,237 $11,968,474 June 30) to Date I:ICo,rmJnity DevelopmentlBuildinglBu,ldlng ActiviIylBld~-2005lBldg Activity - Memailfivity . 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October 19, 2005 TO: Mayor and City Council through City Administrator FROM: Scott Russell, Chief of Pollee Y SUBJECT: Police Department Statistics - September 2005 RECOMM~NDAnON: Receive the Report BACKGROUND: The attached report lists year to date reported offenses and arrests displayed by month. DISCUSSION: The statistics have been gathered from the Pollee 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 _ 34 "" LJM1L.. ~UI ~OILUU:> PL6860 TIME: 8:19:46 MONTHLY CRIMINAL OFFENSES FOR JANUARY THRU SEPTEMBER 2005 SCOTTRU ORIt: OR0240500 WPD RESULTS FOR ALL OFFENSES CHARGE DESCRIPTION JAN FE8 MAR APR MAY JUN JLY AUG SEP TOTAL ------------------------------------------------------------------------------------------------------------------------------------ AGGRAVATED ASSAULT 1 3 2 3 3 2 2 2 0 18 AGGRAVATED MURDER 0 0 0 0 0 0 0 0 0 0 ANIMAL ORDINANCES 0 2 10 9 11 3 2 3 5 45 ARSON 1 0 0 1 1 0 0 1 0 4 ASSAULT SIMPLE 20 11 18 16 15 6 22 21 24 153 ATTEMPTED MURDER 0 0 0 0 0 0 0 0 0 0 BOMB THREAT 0 0 0 0 0 0 0 0 0 0 BRIBERY 0 0 0 0 0 0 0 0 0 0 BURGLARY - BUSINESS 7 5 4 1 6 13 1 2 3 42 BURGLARY - OTHER STRUCTURE 2 1 4 2 10 7 6 5 2 39 BURGLARY - RESIDENCE 14 5 12 11 15 20 19 12 14 122 CHILD AOBANDOMENT 0 0 0 0 0 0 0 0 0 0 CHILD NEGLECT 0 0 0 0 1 1 0 1 0 3 C!TV ORD I NANCE 2 1 5 2 2 5 4 9 3 33 CRIME DAMAGE-NO VANDALISM OR ARSON 34 23 24 21 20 IB 16 11 13 180 CURFEW 0 0 0 3 2 1 1 0 0 7 CUSTODIAL INTERFERENCE 0 0 0 0 0 0 0 1 0 1 CUSTODY - DETOX 1 5 1 3 2 1 3 2 2 20 CUSTODY - MATERIAL WITNESS 0 0 0 0 0 0 0 0 0 0 CUSTODY - MENTAL 0 0 0 1 3 0 1 2 2 9 CUSTODY - PROTECITVE 0 0 0 0 1 0 0 0 1 2 DISORDERLY CONDUCT 3 1 2 4 8 2 3 4 4 31 DOC\Jo1ENTATION 0 0 0 0 0 1 1 0 0 2 DRINKING IN PUBLIC 0 0 0 0 1 1 1 0 1 4 DRIVING UNDER INFLUENCE 4 9 8 6 13 10 11 8 12 81 DRUG LAW VIOLATIONS 6 10 7 13 12 18 18 10 16 110 DRUG PARAPHERNALIA 0 0 0 0 0 0 0 0 0 0 DWS/REVOKED - FELONY 0 0 0 0 0 0 0 0 0 0 DWS/REVOKED-MISDEMEANOR 1 2 2 4 9 3 8 4 5 38 ELUDE 0 2 4 3 1 1 1 1 3 16 EMBEZZLEMENT 0 0 0 1 1 2 0 1 0 5 ESCAPE FROM YOUR CUSTODY 0 0 0 0 0 1 0 0 0 1 EXTORTION/BLACKMAIL 0 0 0 0 0 0 0 0 0 0 FAIL TO DISPLAY OPERATORS LICENSE 4 1 3 1 4 3 5 3 3 27 FAMILY-OTHER 0 0 1 0 0 0 0 0 0 1 FORCIBLE RAPE 0 2 0 0 2 1 0 1 0 6 FORGERY/COUNTERFEITING 5 6 8 16 3 7 10 20 2 77 FRAUD - ACCOUNT CLOSED CHECK 0 0 0 0 1 1 0 0 0 2 FRAUD - BY DECEPTION/FALSE PRETENSES 0 2 2 0 0 0 0 0 0 4 FRAUD - CREDIT CARD/AUTOMATIC TELLER MACHINE 0 0 0 0 1 3 1 0 2 7 FRAUD - IMPERSONATION 1 2 2 3 2 2 1 6 2 21 FRAUD - NO ACCOUNT - CHECK 0 0 0 0 0 0 0 0 0 0 FRAUD - NOT SUFFICIENT FUNDS CHECK 0 0 0 0 0 0 0 0 0 0 FRAUD - OF SERVICES/FALSE PRETENSES 1 0 3 1 1 4 2 2 1 15 FRAUD - WELFARE 0 0 0 0 0 0 0 0 0 0 FRAUD - WIRE 0 0 0 0 0 0 0 0 0 0 FRAUD-OTHER 0 0 0 0 0 0 0 0 0 0 FUGITIVE ARREST FOR ANOTHER AGENCY 32 29 28 34 46 44 39 37 38 327 FURNISHING 1 0 0 0 0 0 0 1 0 2 GAMBLING - BOOKMAKING 0 0 0 0 0 0 0 0 0 0 GAMBLING - GAMES 0 0 0 0 0 0 0 0 0 0 GAMBLING - ILLEGAL DEVISES/MACHINES 0 0 0 0 0 0 0 0 0 0 35 ~ UMIC.: lUlltlllUU::J PL6860 TIME: 8:19:46 MONTHLY CRIMINAL OFFENSES FOR JANUARY THRU SEPTEMBER 2005 SCOTTRU OR!#: OR0240500 WPD RESULTS FOR ALL DFFENSES CHARGE DESCRIPTION JAN FEB MAR APR MAY JUN JLY AUG SEP TOTAL ------------------------------------------------------------------------------------------------------------------------------------ GAMBLING - ILLEGAL PAY OFF 0 0 0 0 0 0 0 0 0 0 GAMBL ING - Nl.tBERS AND LOTTERY 0 0 0 0 0 0 0 0 0 0 GAMBLING - OTHER 0 0 0 0 0 0 0 0 0 0 GARBAGE LITTERING 0 1 1 1 1 1 1 3 1 10 HIT AND RUN FELONY 1 0 2 0 1 0 0 1 0 5 HIT AND RUN-MISDEMEANOR 14 8 12 6 15 17 12 14 10 108 ILLEGAL ALIEN - INS HOLD 0 0 0 0 0 0 0 1 1 2 ILLEGAL ESTABLISHMENT 0 0 0 0 0 0 0 0 0 0 ILLEGAL LIQUOR-MAKE.SELL.POSSESS 0 0 0 0 0 0 0 0 0 0 IMPORTING LIQUOR 0 0 0 0 0 0 0 0 0 0 INTIMIDATION /OTHER CRIMINAL THREAT 2 0 3 5 1 2 6 6 4 29 JUSTIFIABLE HOMICIDE 0 0 0 0 0 0 0 0 0 0 KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 0 0 1 0 0 2 0 1 2 6 KIDNAP - FOR RANSOM 0 0 0 0 0 0 0 0 0 0 KIDNAP - HI-JACK. TERRORIST 0 0 0 0 0 0 0 0 0 0 KIDNAP - HOSTAGE/SHIELD OR REMOVAL/DELAY WITNESS 0 0 0 0 0 0 0 0 0 0 LICENSING ORDINANCES 1 0 0 0 0 1 0 0 0 2 LIQUOR LAW-OTHER 0 0 0 0 0 0 0 0 1 1 LIQUOR LICENSE VIOLATIONS 0 0 0 0 0 0 0 0 0 0 MINOR IN POSSESSION 2 3 1 1 2 1 2 1 3 16 MINOR ON PREMISES 0 0 0 0 0 0 0 0 0 0 MISCELLANEOUS 6 8 3 6 6 10 10 13 4 66 MOTOR VEHICLE THEFT 34 36 13 6 11 8 15 10 14 147 NEGLIGENT HOMICIDE - TRAFFIC 0 0 0 0 0 0 0 0 0 0 NEGLIGENT MANSLAUGHTER 0 0 0 0 0 0 0 0 0 0 NON CRIMINAL DOMESTIC DISTURBANCE 0 0 0 0 0 0 0 0 0 0 NON SUPPORT 0 0 0 2 1 0 0 0 0 3 OTHER 9 13 12 3 10 18 15 5 8 93 PARENTAL RESPONCIBILITY ORDINANCES (SVP) 0 0 0 0 0 0 0 0 0 0 PROPERTY - FOUND LOST MISLAID 23 14 21 25 31 35 35 31 30 245 PROPERTY RECOVER FOR OTHER AGENCY 0 0 0 0 0 0 1 1 1 3 PROSTITUTION - COMPEL 0 0 0 0 0 0 0 0 0 0 PROSTITUTION - ENGAGE IN 0 0 0 0 0 0 0 0 0 0 PROSTITUTION - OTHER 0 0 0 0 0 0 0 0 0 0 PROSTITUTION - PROMOTE 0 0 0 0 0 0 0 0 0 0 PUBLIC HEALTH AND SAFETY ORDINANCES 13 12 6 10 99 32 14 16 4 206 RECKLESS DRIVING 0 0 1 2 2 1 2 2 2 12 ROBBERY - BANK 0 0 0 0 0 0 0 0 0 0 ROBBERY - BUSINESS 2 1 0 1 0 1 0 0 1 6 ROBBERY - CAR JACK I NG 1 0 0 0 0 1 0 0 0 2 ROBBERY - CONV.STORE 0 0 0 0 0 0 0 0 0 0 ROBBERY - HIGHWAY 0 0 0 0 0 0 0 0 0 0 ROBBERY - OTHER 1 0 0 1 1 2 0 1 0 6 ROBBERY - RESIDENCE 1 0 0 0 0 0 0 0 0 1 ROBBERY - SERVICE STATION 0 0 0 0 0 0 0 0 0 0 RUNAWAY 7 10 6 11 8 13 7 13 16 91 SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY 0 0 1 0 0 0 1 0 0 2 SEX CRIME - EXPOSER 0 0 0 0 0 0 0 0 0 0 SEX CRIME - FORCIBLE SODOMY 0 0 0 0 1 0 0 1 0 2 SEX CRIME - INCEST 0 0 1 0 0 0 0 0 0 1 SEX CRIME - MOLEST (PHYSICAL) 0 1 0 2 0 2 5 0 2 12 SEX CRIME - NON FORCE SODOMY 0 1 0 0 0 0 0 0 0 1 36 '" UAI t.: lU/ltlllUU::J TIME: 8:19:46 ORIt: OR0240500 WPD MONTHLY CRIMINAL OFFENSES FDR JANUARY THRU SEPTEMBER 2005 RESULTS FOR ALL OFFENSES CHARGE DESCRIPTION JAN FEB MAR APR MAY JUN JLY AUG SEP PL6860 SCOTTRU -----~------------------------------------------------------------------------------------------------------------------------------ TOTAL SEX CRIME - NON-FORCE RAPE SEX CRIME - OBSCENE PHONE CALL SEX CRIME - OTHER SEX CRIME - PEEPING TOM SEX CRIME - PORNOGRAPHY/OBSCENE MATERIAL SEX CRIME - SEXUAl ASSAULT WITH AN OBJECT STALKER STOLEN PROPERTY - RECEIVING.BUYING.POSSESSING SUICIDE THEFT - BICYCLE THEFT - BUILDING THEFT - COIN OP MACHINE THEFT - FROM MOTOR VEHICLE THEFT - MOTOR VEHICLE PARTS/ACCESSORIES THEFT - OTHER THEFT - PICKPOCKET THEFT - PURSE SNATCH THEFT - SHOPLIFT TRAfFIC ORDINANCES TRAFFIC VIOLATIONS TRESPASS UNKNOWN V ANDAL I SM VEHICLE RECOVERD FOR OTHER AGENCY WARRANT ARREST FOR OUR AGENCY WEAPON - CARRY CONCEALED WEAPON - EX FELON IN POSSESSION WEAPON - OTHER WEAPON - POSSESS ILLEGAL WEAPON - SHOOTING IN PROHIBITED AREA WILLFUL t1.IRDER ZONING OROINANCE " TOTAL: 2005 TOTAL: 2004 TOTAL: 2003 TOTAL: o 4 0 0 1 002 0 010000000 000 0 000 0 0 000 0 0 0 0 0 0 o 0 0 0 0 000 0 o 1 0 0 0 111 0 000 0 0 000 0 o 3 0 1 0 122 5 o 1 0 0 0 010 1 3 1 1 2 687 9 2 2 3 3 4 3 420 2 o 010 0 000 0 27 25 26 31 29 34 22 12 18 19 13 11 6 0 1 4 1 0 15 12 24 13 24 19 23 23 17 o 000 100 0 0 2 0 1 0 0 200 1 14 4 9 9 15 18 14 20 13 o 2 1 0 0 000 2 21 15 9 6 9 14 8 16 6 4 7 4 9 6 7 7 8 4 o 000 0 0 0 0 0 56 43 46 36 41 35 30 37 31 7 11 4 4 0 4 2 3 3 2 1 1 1 0 1 1 0 2 1 110 1 202 1 1 1 000 0 1 0 2 o 000 0 0 100 o 302 1 0 3 2 3 o 000 0 000 0 o 000 0 000 0 1 3 1 3 5 3 120 432 385 377 368 529 482 434 430 375 432 385 541 543 520 360 377 368 529 482 434 430 575 495 495 445 359 409 437 459 567 570 470 542 375 396 523 37 "I' o o o 7 1 o o o 4 o 14 3 39 23 1 224 55 170 1 6 116 5 104 56 o 355 38 9 9 5 1 14 o o 19 3812 o o o o o o 3812 4258 4448 U/'.IC.: lU/ltlllUU::J PL6850 TIME: 8:19:19 MONTHLY ARRESTS BY OFFENSE FOR JANUARY THRU SEPTEMBER 2005 SCOTTRU ORII: OR0240500 WPD RESULTS FOR ALL CHARGES CHARGE DESCRIPTION JAN FEB MAR APR MAY JUN JLY AUG SEP TOTAL ------------------------------------------------------------------------------------------------------------------------------------ AGGRAVATED ASSAULT 1 2 3 2 1 0 1 1 0 11 AGGRAVATEO t1.JROER 0 0 0 0 0 0 0 0 0 0 ANIMAL ORDINANCES 0 1 0 1 0 0 1 0 0 3 ARSON 0 1 0 0 0 0 0 0 0 1 ASSAULT SIMPLE 14 9 10 12 15 8 16 17 20 121 ATTEMPTED MURDER 0 0 0 0 0 0 0 0 0 0 BCMl THREAT 0 0 0 0 0 0 0 0 0 0 BURGLARY - BUSINESS 0 0 1 0 3 0 0 0 3 7 BURGLARY - OTHER STRUCTURE 0 0 1 0 0 0 0 0 0 1 BURGLARY - RESIDENCE 0 4 0 6 0 4 9 3 1 27 CHILD ADBANOOMENT 0 0 0 0 0 0 0 0 0 0 CHILD NEGLECT 0 0 0 0 2 1 0 1 0 4 CITY ORDINANCE 0 0 0 0 0 1 0 2 0 3 CRItof: DAMAGE-NO VANDALISM OR ARSON 0 1 4 4 2 1 3 2 3 20 CURFEW 0 0 0 4 3 6 1 0 0 14 CUSTODIAL INTERFERENCE 0 0 0 0 0 0 0 1 0 1 CUSTODY - DETOX 1 7 1 3 2 1 2 2 2 21 CUSTODY - MENTAL 0 0 0 1 1 0 1 2 2 7 CUSTODY - PROTECITVE 0 0 0 0 1 1 0 0 1 3 DISORDERLY CONDUCT 4 2 1 9 11 2 2 3 8 42 DOCUMENTATION 0 0 0 0 0 0 0 0 0 0 DRINKING IN PUBLIC 0 0 0 0 1 1 1 0 1 4 DRIVING UNDER INFLUENCE 4 9 8 6 13 10 11 8 12 81 DRUG LAW VIOLATIONS 5 9 7 13 17 19 24 11 22 127 DRUG PARAPHERNALIA 0 0 0 0 0 0 0 0 0 0 DWS/REVOKED - FELONY 0 0 0 0 0 0 1 0 0 1 DWS/REVOKED-MISDEMEANOR 1 2 3 4 9 3 6 5 5 38 ELUDE 0 1 4 3 0 2 2 1 1 14 EMBEZZLEMENT 0 0 0 0 0 2 0 0 0 2 ESCAPE FROM YOUR CUSTODY 0 0 0 1 0 1 0 0 0 2 EXTORTION/BLACKMAIL 0 0 0 0 0 0 0 0 0 0 FAIL TO OISPLAY OPERATORS LICENSE 4 1 2 1 3 3 5 4 3 26 FAMILY-OTHER 0 0 0 0 0 0 0 0 0 0 FORCIBLE RAPE 0 0 0 1 0 0 0 2 0 3 FORGERY/COUNTERFEITING 1 0 1 9 2 7 5 11 2 38 FRAUD - ACCOUNT CLOSED CHECK 0 0 0 0 0 0 0 0 0 0 FRAUD - BY DECEPTION/FALSE PRETENSES 0 0 0 0 0 1 0 0 0 1 FRAUD - CREDIT CARD/AUTOMATIC TELLER MACHINE 0 0 0 0 0 1 1 0 0 2 FRAUD - IMPERSONATION 3 3 0 0 0 2 2 3 1 14 FRAUD - NOT SUFFICIENT FUNDS CHECK 0 0 0 0 0 0 0 0 0 0 FRAUD - OF SERVICES/FALSE PRETENSES 0 0 0 0 0 2 1 0 0 3 FRAUD-OTHER 0 0 0 0 0 0 0 0 0 0 FUGITIVE ARREST FOR ANOTHER AGENCY 34 28 27 40 49 48 40 42 36 344 FURNISHING 1 0 0 0 1 0 0 1 0 3 GAMBLI NG - GAMES 0 0 0 0 0 0 0 0 0 0 GAMBLI NG - OTHER 0 0 0 0 0 0 0 0 0 0 GARBAGE LITTERING 0 1 0 1 2 1 1 2 1 9 HIT AND RUN FELONY 0 0 1 0 0 0 0 0 0 1 HIT AND RUN-MISDEMEANOR 2 1 2 2 3 4 1 1 0 16 ILLEGAL ALIEN - INS HOLD 0 0 0 0 0 0 0 1 1 2 INTIMIDATION IOTHER CRIMINAL THREAT 0 1 1 8 1 2 6 7 0 26 KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 0 0 0 0 0 1 0 0 0 1 38 ..... U/\ I c.: lU/ltlllUU::l PL6850 TIME: 8:19:19 MONTHLY ARRESTS BY OFFENSE FOR JANUARY THRU SEPTEMBER 2005 SCOTTRU ORU: OR0240500 WPD RESULTS FOR AlL CHARGES CHARGE DESCRIPTION JAN FEB MAR APR MAY JUN JLY AUG SEP TOTAL -~_._-------------------------------------------_._--------------------------------------------------------------------------------- KIDNAP - FOR RANSOM 0 0 0 0 0 0 0 0 0 0 KIDNAP - HI-JACK. TERRORIST 0 0 0 0 0 0 0 0 0 0 KIDNAP - HOSTAGE/SHIELD OR REMOVAL/DELAY WITNESS 0 0 0 0 0 0 0 0 0 0 LICENSING ORDINANCES 0 0 0 0 0 0 0 0 0 0 LIQUOR LAW-OTHER 0 0 0 0 0 0 0 0 1 1 MINOR IN POSSESSION 8 5 1 1 4 1 2 2 3 27 MINOR ON PREMISES 0 0 0 0 0 0 0 0 0 0 MISCELLANEOUS 0 3 0 0 0 0 0 1 0 4 MOTOR VEHICLE THEFT 0 3 1 2 1 3 1 3 2 16 NEGLIGENT HOMICIDE - TRAFFIC 0 0 0 0 0 0 0 0 0 0 NEGLIGENT MANSLAUGHTER 0 0 0 0 0 0 0 0 0 0 NON CRIMINAL DOMESTIC DISTURBANCE 0 0 0 0 0 0 0 0 0 0 NON SUPPORT 0 0 0 1 0 0 0 0 0 1 OTHER 5 6 16 12 9 7 14 7 9 85 PROPERTY - FOUND LOST MISLAID 0 0 0 0 0 0 0 0 0 0 PROPERTY RECOVER FOR OTHER AGENCY 0 0 0 0 0 0 1 2 0 3 PROSTI TUT ION - COMPEl 0 0 0 0 0 0 0 0 0 0 PROSTITUTION - ENGAGE IN 0 0 0 0 0 0 0 0 0 0 PROSTITUTION - PROMOTE 0 0 0 0 0 0 0 0 0 0 PUBLIC HEALTH AND SAFETY ORDINANCES 0 0 0 0 0 0 0 0 0 0 RECKLESS DRIVING 0 0 2 2 2 2 2 2 2 14 ROBBERY - BANK 0 0 0 0 0 0 0 0 0 0 ROBBERY - BUSINESS 2 0 0 1 0 2 0 0 1 6 ROBBERY - CAR JACKING 0 0 0 0 0 1 0 0 0 1 ROBBERY - CONV.STORE 0 0 0 0 0 0 0 0 0 0 ROBBERY - HIGHWAY 0 0 0 0 0 0 0 0 0 0 ROBBERY - OTHER 0 0 0 0 0 0 0 0 0 0 ROBBERY - RESIDENCE 0 0 0 0 0 0 0 0 0 0 ROBBERY - SERVICE STATION 0 0 0 0 0 0 0 0 0 0 RUNAWAY 1 1 1 1 0 1 0 2 2 9 SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY 0 0 0 1 0 0 0 1 0 2 SEX CRIME - EXPOSER 0 0 0 1 0 0 0 0 0 1 SEX CRIME - FORCIBLE SODOMY 0 0 0 1 1 0 0 1 0 3 SEX CRIME - INCEST 0 0 0 1 0 0 0 0 0 1 SEX CRIME - MOLEST (PHYSICAL) 0 0 0 1 0 0 0 1 0 2 SEX CRIME - NON FORCE SOW1Y 0 0 0 0 0 0 0 0 0 0 SEX CRIME - NON-FORCE RAPE 0 0 0 0 0 0 0 2 0 2 SEX CRIME - OBSCENE PHONE CALL 0 0 0 0 0 0 0 0 0 0 SEX CRItf: - OTHER 0 0 0 1 0 0 0 0 0 1 SEX CRIME - PORNOGRAPHY/OBSCENE MATERIAL 0 0 0 1 0 0 0 0 0 1 SEX CRIME - SEXUAL ASSAULT WITH AN OBJECT 0 0 0 0 0 0 0 0 0 0 STALKER 0 0 0 0 0 0 0 0 0 0 STOLEN PROPERTY - RECEIVING.BUYING,POSSESSING 1 7 1 1 0 0 4 1 5 20 SUICIDE 0 0 0 0 0 0 1 0 0 1 THEFT - BICYCLE 0 0 0 0 0 0 1 2 0 3 THEFT - BUILDING 0 1 1 2 3 0 0 0 0 7 THEFT - COIN OP MACHINE 0 0 0 0 0 0 0 0 0 0 THEFT - FROM MOTOR VEHICLE 0 3 13 4 1 0 0 0 2 23 THEFT - MOTOR VEHICLE PARTS/ACCESSORIES 0 0 0 0 0 0 0 0 0 0 THEFT - OTHER 1 1 4 3 6 5 8 1 6 35 THEFT - PICKPOCKET 0 0 0 0 0 0 0 0 0 0 THEFT - PURSE SNATCH 1 0 0 0 0 0 0 0 0 1 39 ,. .... UAIt.: lU/lll/t::UU::J PL6850 TIME: 8:19:19 MONTHLY ARRESTS BY OFFENSE FOR JANUARY THRU SEPTEMBER 2005 SCOTTRU ORIN: OR0240500 WPD RESULTS FOR ALL CHARGES CHARGE DESCRIPTION JAN FEB MAR APR MAY JUN JLY AUG SEP TOTAL .-------------------------------------------------.--------------------------------------------------------------------------------- THEFT - SHOPLIFT 14 3 7 10 15 19 12 22 11 113 TRAFFIC ORDINANCES 0 0 0 0 0 0 0 0 0 0 TRAFFIC VIOLATIONS 16 14 12 25 46 37 26 42 24 242 TRESPASS 2 10 5 14 4 10 10 11 4 70 VANDALISM 1 1 1 12 2 2 5 3 2 29 VEHICLE RECOVERD FOR OTHER AGENCY 0 1 0 3 0 0 0 0 1 5 WARRANT ARREST FOR OUR AGENCY 1 1 1 1 0 2 1 0 0 7 WEAPON - CARRY CONCEALED 1 1 1 0 1 2 0 2 1 9 WEAPON - EX FELON IN POSSESSION 0 2 0 0 0 0 1 0 2 5 WEAPON - OTHER 0 0 0 0 0 0 1 0 0 1 WEAPON - POSSESS ILLEGAL 0 2 0 2 3 2 3 2 5 19 WEAPON - SHOOTING IN PROHIBITED AREA 0 0 0 0 0 0 0 0 0 0 WILLFUL MURDER 0 0 0 0 0 0 0 0 0 0 ZONING ORDINANCE 0 0 0 0 0 0 0 0 0 0 ---------------------------------------------------------------------------------------------------------------------.-------------- 2005 TDTAL: 129 148 144 235 240 231 236 243 208 0 0 0 1814 2004 TOTAL: 208 194 218 195 196 221 162 19B 193 0 0 0 1785 2003 TOTAL: 202 148 164 190 221 196 230 214 174 0 0 0 1739 40 - , .. ~ ~ ~ 8 t" af: = G.l U U ~ = = '='" -< -; = 'C ~ o '5 ~ 0. ~ a ea = G.l ~ = "CS ~ g > ~~ ~ Vl 8 t" f: 8 .... ~ ~ 8 0.... . -to- a .. .. .. .. ~,...: t::: ... 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SUBJECT: UPRR Pipeline Crossing Agreement RECOMMENDATION: 1 ) Remove the item from the table for further consideration. 2) Authorize the City Administrator to execute a Pipeline Crossing Agreement with Union Pacific Railroad, as presented, with the understanding that construction of a safety manhole (as requested by City staff) may be added into the Agreement. BACKGROUND: A proposed Pipeline Agreement with the Union Pacific Railroad was presented to Council on August 8. The matter was tabled at that meeting. Subsequently, the Director of Public Works and the City Attorney informed Council by memorandum of relevant issues. Staff now believes the Agreement can and should receive action by the Council. The following includes a recap of previous issues and actions. A regional stormwater detention facility (an approved CIP project) will be constructed on City-owned property west of Settlemier Avenue, south of Smith Addition. Hydraulic studies performed in connection with the design indicate that additional capacity is needed in conveyance facilities downstream. The link between Settlemier and Front Street will be improved by construction of an open swale near the south line of the City park. The new swale will act in concert with the existing buried pipe to provide needed capacity. A new 24-inch pipe will provide the required capacity east of the park. It will cross Front Street, UPRR, and Ogle Street before discharging to a tributary of Mill Agenda Item Review: City Administrat City Attorney _ Finane 42 "" Honorable Mayor and City Council October 18, 2005 Page 2 . . Creek. The new pipe will be in a bored casing and will be constructed parallel to the existing pipe. The Union Pacific Railroad (UPRR) has certain requirements for construction in their right-of-way. An application was tendered April 22, 2005. Documents were provided by UPRR on May 10, 2005. Completion of the Pipeline Crossing Agreement will involve return of executed original documents, payment of a $2,400 Pipeline Crossing fee, and execution and return of Contractor's Right of Entry Agreement. (The latter to be accomplished after a contractor has been engaged by the City.) Since the Pipeline Crossing Agreement was first received in May, City staff investigated two possible areas of change in the Agreement. First, whether UPRR would agree to a different arrangement, and provide a permanent easement to the City instead. The response was negative - the railroad does not grant easements. Second, Section 11 of the Agreement requires removal of the pipeline upon termination of the Agreement. Section 13 allows termination by either party after giving 30 days written notice. Staff investigated whether other Oregon cities had successfully negotiated changes in these Sections. Since the original agreement was drafted, staff has recommended that additional work be performed concurrently with the bored under-crossing. The additional work occurs at an opening in the existing culvert section. The opening (adjacent to Ogle street, on the railroad right-of-way) presents a hazard to public safety. Plans showing construction of a manhole (that will fill the open culvert transition) have been submitted to the UPRR for review and approval. The railroad is expected to issue an amended Pipeline Agreement that will include and permit this additional work. DISCUSSION: Identical license agreements have been executed by numerous utilities and public entities along the railroad line. Historically, the railroad has never required the City to relocate any of its utilities after obtaining permission to install them. Changes to the Termination language appear possible, based on experience of other jurisdictions. The City of Salem negotiated an extension from 30 days to one year. Because there are no feasible alternatives (in the present instance) to conveying storm drainage, except across the railroad right-of-way, staff has concluded that such an extension of the termination clause provides no benefit to the City 43 Honorable Mayor and City Council October 18, 2005 Page 3 . . The agreement is necessary for work to proceed. Construction will occur in spring 2006, after final design is completed and clearance from Oregon DSL and US Army Corps of Engineers is secured. The City's insurance underwriter has reviewed the Agreement. No changes in the document were recommended as a result of that review. A portion of the facility will be constructed on private property east of Ogle Street. The owners, Mr. And Mrs. Johnston, have graciously granted the necessary easement. Acceptance of this easement will be brought to the Council as a separate item. FINANCIAL IMPACT: Fee of $2,400 will be paid from budget established for CIP project. Total estimated cost of the construction (occurring later) is $190,000. Attachments: Agreement (UPRR Folder No. 02321-68) City Attorney's Legal Opinion dated August 18, 2005 44 "II!lf ".,- PL X 940206 Foml Approved, ^ VP.Law Folder No. 02321-68 PIPELINE CROSSING AGREEMENT Mile Post: 734.93. Brooklyn Subdivision/Branch Location: Woodburn, Marion County. Oregon THIS AGREEMENT is made and entered Into as of May 10, 2005, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware cOll>oration, (hereinafter the "Licensor") and CITY OF WOODBURN, an Oregon municipal cOll>oration to be addressed at 270 Montgomery St.. Woodburn, Oregon 97071 (hereinafter the "Licensee"). IT IS MUTUALLY AGREED BY AND BETWEEN TilE PARTIES HERETO AS FOLLOWS: Article I. LICENSE FEE Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time License Fee of Two Thousand Four Hundred Dollars ($2,400.00). Article II. LICENSOR GRANTS RIGHT. In consideration of the License Fee to be paid by the Licensee and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to maintain and opente only a 24 inch storm water pipeline crossing (hereinafter the "Pipeline") in the location shown and in conformity with the dimensions and specifications indicated on the attached print dated May OS, 2OOS, marked Exhibit A. Under no circumstances shall Licensee modify the use of the Pipeline for a purpose other than the above-mentioned, and said Pipeline shall not be used for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement. Article III. CONSTRUCTION, MAINTENANCE AND OPERATION. The grant of right herein made to the Licensee IS subject to each and all of the terms, provisions. conditions, limitations and covenants set forth herein and in Exhibit B. hereto attached. Article IV. IF WOnK IS TO HE PERFOltMEI> nv CONTRACTOlt. If a conlractor IS to do any of the work performed on the Pipeline (including initial construcll<JO and subsequent relocation or substantial maintenance and repair work). then Ihe Licen~ee shall require II~ contractor 10 execute the Railroad's form Conlractor's Right of Entry Agreement. f .icensee acknowledges receIpt of a copy of the Contraclor's Right of Enlry Agreement and underslandlng of II~ terms, proV1SIOIl!'l, 45 ", and requirements. and will inform Its contractor of the need to execute the Agreement. Under no clfcumstances will Licensee's contractor be allowed onto LIcensor's premises WIthout first executing the Contractor's Right of Entry Agreement. Article V. INSURANCE A. The Licensee. at Its expense. shall obtain the insurance descnbed in Exhibit 0-1. hereto attached. The Licensee will also provide to the Licensor a Certificate of Insurance, identifying Folder No. 02321-68. issued by its insurance carner confirming the existence of such insurance and that the policy or policies contain the following endorsement: UNION PACIFIC RAILROAD COMPANY is named as an additional insured WIth respect to all liabilities arising out of the existence. use or any work performed on or associated with the 'Pipeline' located on Railroad right~f-way at Mile Post 734.93. on the Brooklyn SubdivisionlBranch, at or near Woodburn, Marion County, Oregon. B. If the Licensee named in this Agreement is a public entity subject to any applicable statutory tort laws, the limits of insurance described in Exhibit B-1 shall be the limits the Licensee then has in effect or which is required by applicable current or subsequent law, whichever is greater, a portion of which may be self-insured with the consent and approval of the Licensor C. All insurance correspondence shall be directed to: Jon E. Oevish Folder No. 0232 1-68 Union Pacific Railroad Company Real Estate Department 1400 Douglas Street STOP 1690 Omaha, NE 68179-1690 Article Vl. TERM. This Agreement shall take effect as of the date first herein written and shall continue in full force and effect until tcnninated as herein provided. Article VI. SPECIAL PROVlSONS 1. The reinforced concrete pipe must be Class III minimum. 2. ^ railroad inspector is required to monitor the ground and track for movement during the jacking process. The installation process and all train movement must be immediately stopped if any movement is detected. The damaged area must be immediately repaired. The installation process must be reviewed and modified as required before the installation may proceed. Applicant must pay inspector's expense. 46 ...,. '""""III"f .... . IN WITNESS WHEREOF. the parties hereto have caused this ^bTfeement to be executed as of the d3~ first herein written. ONION PACIFIC RAILROAO COMPANY CITY OF WOODBURN By: By: Manager - Contracts Title: 47 ... ------ -.--. ------------- " ".cAAU' '. "- PIPELINE CROSSING wvw.uprr.com --.~ NOTE: ALL AVAILABLE OIl.4ENSIONS l.AUST BE FILLEO IN TO PROCESS THIS APPLICATION. ....1.. "'CI W ..(RIOIAN S llN( 0# NO !lUl [ )'-1 ~ n - ;}.6600 n. (\U1Gii J' " n. 529 00 ,-r:- (,Uii511 J . " ..., ". :tl~~' ,- - ~F'T. ro loot&A(U .. A. '0-. See Anached 2/ '.....~I;ur;'Ofi ;;4""" (A) Lat. 45.1375 Lon. -122.858055. ',e.. FT. l'I\fA,," 11&._ ruCll ,_ 'CC:f1Q11 LIC CIIKUMO' ". I ...fU f.." 0 ,......QII _llICI .11 AU. CIte.. " LOCAII.... ., "'... '"1101lIo l!f'U.cc fO " LCIM. ~f LIIC II 1lC..11II.!r ..., A/W- - . Su 'T. .11 aJlUT. '.1 . L.. ~' ~ lin. r=~~ I c..,"Pr'Ji.... ! I 3,LFY. C 10 nj...... I 7r.FY. "'" CAS'. "'" CASJ" f CAS'" .''''c- -. 4' CI i 1I1IL' J..--.... d=~~~===== ===== 1======j=~;;;!;====~~~.L-J t'A) ,~ -1 I I ,lB I I' , I' I 0 " n.---!! I · n. u.... n. ,\ I. .nc.. n. , i!J..l:.n .. 1~L4 n. MOm I (UI... LC.... ilI'il"iL.... i1L_ P1HLIIILt " "U ...11OIlf... """" ,. . ICA-.... ., "' tilt ....... ...., " fNao II U.... ,. llt_ .... ftIC' . IIIICI " "'''' ....u .. ........ . .. 10 n.. .. II n.. ... ..,.. "'11" . IOIUIIOoW ..........., If IICCUtMf ,. """'M .... ....... MI,. . f1IACa. JI 1111111_. W ,... ,. _ . _ MIUllOoW 01'''' , . _ MWIlt, ...... _ ""CIC'" IUlC.t. 4. ....... ...WMt"". YII' . IMICIlI ..,. I.''''''''''. ., IO~ ........ MIl II 'IC "C'"'" Of ClIft.... II "'''''''1 "" ....eft ,...... IACIIUU.'" ....... , . .... CIlIM... . ........ .,.~" It,,, ... ....1. .. cu."p,.. II U.... ... C_'1Il .... ..., . fUCa , 11'.'_ . I ..It __ ftIC GIlt". .... .IIC CAa.L _ IIICI.'"'' IlCOUt... ."",. , ,. " At IS PIPELINE CROSSING WITHIH DEDICATED STREET ?____YESI~OI 8' I' YES, HAWl 0' STREET Ct DI~TRI8UTIOH LINE Ot CARRIER PIPE I COMWOOITY TO 8E CONVEYED :~~A~~~~K:~~~S~~ 0 ~OI"::$TIER 2400 Et CA~IHG PIPE I u .. WALL THICKNE~S Q 56 ;DIAMUER I Z ;....TERIALSTEEL ; NOTE ICA~INC WUST HAVE 2. CLEARANCE BETWEEN CREATEST OUTSIDE DIAMETER OF CARRIEA PIPE AND INTERIOR DI~TER OF CA~ING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF CARRIER PIPE AND INSIDE OF CASING PIPL '1 METHOD Of INSTALLING CASING PIPE UNDER TRACKISI: ~DRY eORE AND JACK IWET BORE NOT PERMITTEDl ; _ TUNNEL J OTHER GI WILL CDN~TRUCTION BE BY AN OUTSIDE CONTRACTOR1-1L-Y[S;----H~ HI DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORING ANO JACKING PITS WHEN M[ASURED AT RIGHT ANGLES TO TRACK ft~ II APPLI CANT HAS CONTACTED 1-'00- n.... 91" (10' "'" I u. P. COMWUNliATION OEPARTM(NT, AHO HA' 0 TERurNEO rlBER Oft"C CABLE DOES I_OOES NO Elll IN VICINI TY or WORK TO IE PER'O~D. TICKET NO. 4 4 . .3115. ".,. GYU .r..r . "w S/'- OVP ...-11" .OYS. ,",. GYP 11"-11- . 5000" III" GYP 11-- ,.. . S6ZS. ,",- GYEIl U--4Z. . 'ZW ",. OVU .2..". O'tU ... Wl' K ""'AOYO " II. II. co. MO'U '"IS CMAIIT " OIC.' ,~ ~fM "Ell ("INO ".,U WIYM Will lUll YIELD nlf[MOfM 01' 000 1'''. rOllNA.A '0 FIOUIlI ("INO l[~TH WITH AHCU 01 CftOS$lNO OYl.R 'MAll too --'--Lj 6 "H ~~ ~ . ~ WIH.OIS1. , C_C It EXHIBIT "A" .,.. "'\.MIIe VIiI -.,. OR TRAN~ISSIDH llHEX UNlON PACifiC RAILROAD CO. B V'tt \,) \( "/11'1 t .......1".. M. P ll"VH E. 5. ~ 11....1(~ t ENCA5EO ~T(1RM WATFR CROSS I NG wnnnAllRN f\'l..,,:..... OR ,.....,. elf" I C""-" 1\"'" AT CITY OF WOODBURN ~ODBURN OREGON ,.,..,. . RR FILE NO.0232168 DATE 'i.r-ot; . A II II H 0 I. 'u OCCAII.... u. ,. I-"'CA"", WAll,..... _, M _OC'IO I' '..UCI " ... - ,. DC' u..IOC COil llloCC .... lOC..... fit 'II'" .,IlC ClIML ,_ I ,._t....lff 48 ..,.............. ... ...... EXHIBIT B Sochon I. LlMITATION ~D SUAQRDINATION Of RIGHTS GRANTEQ. . (a) TIle rordgoing grant at right is subject and subordinate 10 the prior and continuing right and obligation at the licensor to use and maintain its entire property including the right and power 0( the Ucensor to construct. maintain. repair. renew. U5U. operate. change. modiryor relocate railroad tracles. signal. communication. Iiber optics. or other wirelines. pipelines and other lacllilics upon. along or across any or all parts 0( its property. all or any or which may be lreely done at any lime or times by the LIcensor Wlthoutliability to Ihe Licensee or to any other party lor compensation or damages. (b) The loregoing grant is also subject to all outstanding superior rights (including those in ravor or licensees and lessees 01 I he Licensor's property. and olners) and the right o( the Licensor to renew and extend the same. and Is made wttnout covenant 01 lllle or lor quiet enjoyment. Section 2. CONSTRUGrlON MAlt>ITENANCE AND OPERATION. (0) The Pipeline shall be constructed. operated. maintained. repaired. renewed. modilied and/or reconstructed by the Ucensee in strict conformity with Union Pacllic Railroad Co. Common Standard Specification 1029 adopted November 19<49. and all amendments thereol and supplements thereto. which by this reference is hereby made a port hereof. except as may be modified and approved by the licensor's Vk:e President-Engtn~ring Services. In the event such Specification connicts in any respect with the requirements of any lederal. state or munlclpallaw or regulation. such requirements shall govern on aU points of connict. but in all other respects the Specification shall apply. (b) All work performed on property 0( the Licensor in connection with the conslructlon. maintenance. ropair. renewal. modUicaUon or reconstruction 0( the Pipeline shall be done to the satisfaction of the Licensor. (c) Prior to the commencement of any work In connection with the conslNcllon. maintenance. repair. ronewal. modllication. relocation. reconstruction oc removal of lhe Pipeline where It passes underneath the roadbed and Irack or tracles of Iho Uconsor. I he lJcensee .hall submit to the Licensor plana setting out the method and manner of handling the work. Including the shoeing and cribbing. U any. required to protect the Ucensor's operations. and shall not proceed with the work until such plans have been approved by the Vlc:e President-EnQtneering Services of the Ucenaor and then the work shall be done to the satisfaction of the Vice PrGstdent.Engineertng Servk:es or his authorized representative. 'The Ucensor shall have the right. if IlIO elects. to provide such support as It may deem necessary for the aafety al lis I rack or tracks during the time of construction. maintenance. repair. renewal. modlftcatlon. relocation. reconstruction or remOllOl 0( the PtpeUne. and. in Ihe. event the Ucensor provides such supporl. the Licensee shall pay to the Ucensor. within fifteen (15) day. after bills shaD have been rendered therofor. all expense incurred by the Ucensor In connecllon thorowith. which expense I hall Include all assignable COstl. (d) The licensee shall keep and maintain tho sotl over the Pipeline thoroughly compacted and the grade even with Ihe Cldjacent surface 01 the ground. Section 3. NonCE Of COMMENCEMENT OF WORK. If an emergency should artse requ'riOCJ immediate attenllon. the Ucensee shoji provtde as much notico as praclicable 10 Licensor before commencing any work. In all other ItlUa1tOns. the L1centee shall nollly the UconlOr at lea It ten (10) days (or 'Ouch oth~r time as the Ucensor may allow) in advance of tho commencement of any work upon proporty of the Licensor In (:onnecllon with tho construction. maintenance. repair. ronewal. modJlica1lon. reconllruction. relocation or removal of the Pipelino. All such work ,hall bo prosecuted diligently ta completion. : ;oction 0\. LICENSEE TO J3EAR ENTIRE EXPENSE. The Uconaoe shall bear tho enllre cost and expense Incurred In connecllon with tho construction. malntenanco. repal( . Ifld ronewal and any and all mocUllcatlon. rev1llon. rolocallon. removal or reconstrucllon of the Plpellno. including any and 011 '~KpenS9 which may be Incurred by tho Licensor In connocllon lherewith for supervilllon. Inspection. nagging. ar otherwise (tl. ,=.b 1'.C~ I 1)(. r .h,b,. II 49 ~ Section :l. REINfORCEMENT. RELOCATION OR REMOVAL Of?~.G (0) The liconse herein granted is subject to the needs and requirements 01 the Licensor in the operation of lis railroad and In the improvement and use 01 its property. and lhe Licensoe shall. atlhe sole expense olthe licensee. reinforce tho Pipeline. or move all or anytporllon of the Pipelino to such new location as tho licensor may designate. whenever. 10 the lurtherance o( its needs and requirements. tho Ucensor shalllind such action necossary or dc~irablo (b) All the terms. condiHons and stipulations herein expressed WIth relerence 10 the Pipeline on property of the Ueenlor in the location hereinbefore described shall. so lor as tho Pipehne remolns on the property. apply 10 'he Pipeline as modified. changed or relocated within Ihe contemplation of this sechon. Seclion G. NO INTERfERENCE WITH LICENSORS OPERATION. The Pipeline and all parts thereaL within and outside of the limits o( the property o( tho Ucensor shall be constructed and at all limes. maintained. repaired. renewed and operated in such manner as to cause no interference whatsoever with the constant. continuous and uninterrupted use 0( Ihe tracles. property and foci lilies of lhe Ucensor. and nothing shall be done or suUerod to be done by the licensee 01 any lime Ihat would in any manner Impair Ihe safety thereaL. S action 7. PROTECI10N Of f1BER OP1lC CI\BLE SYSTEMS. (a) fiber optic cable systems may be buried on the Ucenso(s property. Protection 0( Ihe fiber optic cable systems Is of ()xtreme Importance since any break could disrupt semce lO users resulting In businesl (nterruptlon and loss 0( revenue and pro(lt.. Ucensee shall telephone the UceNOC' at 1-800-336.9193 (a 24.hour number) 10 determtne If (tber optic cable .. buried anywhere on the l..lcensor'l preml.es to be used by the Ucensee. If" il. licensee wtll telephone the telecommunications company(1..) 101I0Iwd. CDTange for a cable locator, make arrangement I for relocation or other protection of the fiber optic cable. all at Llcensee'l expense. and will commence no work on Ihe right 0( way until all luch protection or relocation has been accomplllhed. IJcensee .halllndemnlfy and hold lhe Ucensor harmle.. (rom and against all costs. liability and expense whatsoever (Including. wtthoul Ilmilallon. attorneys' feel. court costs and expensos) arising out o( or caused In any way by Ucensee'. failure to comply with the prov\llons of this paragraph. (b) In addition to olher Indemnity prov{slons In thll Agreement the Ucensee shalllndemnUy and hold the licensor harmless from and agalnIt aU cost.. llabd1ty and expense whatlO8Y8r (Including, without Umllatlon. attorneys' fees. court costs and expenses) caused by the negligence 0( the Ucensee, Us contractor, avents and/or employees, resulting In (1) any damage 10 or destruction of any telecommunications syatem on UcenlOl"l property. and/or (2) any Inlwy to or death 0( Ol'tf person employed by or on behalf of anytelecommunlcatlonl company. and/or U. contractor. agents and/or employees. on Ucensor'. property. except II such costs. liability or expenses are cauaed solely by the direct active negl\gence 0( lhe licensor. IJcenaee further agrees that it shall not have or seele: recourse CJ9Oln8t licensor (or any claim or cauM at acllon for alleged toss 0( pro(U. or revenue or 10.. of MMe. or other consequential damage 10 a telecommunication company ullng Uconsor's proporty or a customer or UHr o( servicos 0( the fiber optic cable on licensor'1 property. Section 8. CWMS AND I rF.NS FOR u.BOR AND MATERIAl.: TAXES. (a) The Ucensee shall (ully pay for all materials IOIned or affixed to ond labor performed upon property of tho licensor in connection wtth the construction. maintenance. repcdr, renewal. modification or reconstruction of the Pipeline. and ,hall not permll or luUer any mechanic's or materlalman'l lion of any kind or nature to be enforced against the property for any worle: done or materials furnished Ihereon at the Instance or requelt or on behalf of lho I.lcensee. The Ucenaoe shall Indomnlfy and hold harmle.. the Ucenlor against and (rom any and all lien I. delml. demands. cosll and exponse. of whatsoever nature In any way conneclod wtth or growing out 0( .uch work done, labor per(ormod. or materlall (urnllhed. (b) TIle LJcensee shall promptly pay or cbcharge all taxes. chargOtl and assessmenls levied upon. In re.peclto. or on accounl ollhe Pipeline. 10 provenlthe same (rom becoming a chCD'ge Of lien upon property of the LJcensor. and so that lhe taxos. charges (HId alsellmentB levted upon or In relpectlo Buch propGrty shall nOC be Increased because of the locallon. conslrucllon or malnlenance of the Plpollne or any Improvement. appliance or Ultlure connected Ihorew1lh placed upon luch properly. or on 'lccount of the Ucenllee's intere.t lhereln. Where luch lax. charoo or OA.etlmenl may nol be separately madG or alllessed 10 the 1.lcenlae but .hall be Included In the allonment of Ihe properly of the Licensor. Ihen Ihe Licensee .hall pay 10 tho licensor an I~qul\able proporllon of such laxes dAlermlned by the value ollhe Llcen.9Q's properly upon property of 1M LJcensor as compared ph celt "I,C l Qr 4 '~d..1o" " 50 ." .... _.......,................ ...- --~. -r---'- EXHIBIT B-1 Union Pacific Railroad Company Insurance Provisions For Pipeline I Wlreline I Drainage License Agreements Licensee shall, at its sole cost and expense, procure and maintain during the life of this Agreement the fonowing insurance coverage: A. Commercial General Liability Insurance. This insurance shall contain broad form contractual liability with a single limit of at least $2,000,000 each occurrence or daim and an aggregate limit or at least $4.000.000. Coverage must be purchased on a post 1998 ISO or equivalent form, including but not limited to coverage for the following: . Bodily Injury including death and personal inlury . Property damage . Fire legal liability (Not less than the replacement value of the portion of the premises occupied) . Products and completed operations The poOcy shall also contain the foIowWlg endoraements which shall be Indicated on the certificate of Insurance: . The employee and werte"s compensation related exduslons In the above poley apply only to Licensee's employees . The exduslom for raHroads (except wheAl the Job site is more than fifty feet (50') from any railroad Including but not ImJted to lr8cka, bridges, trestles, roadbeds, tennlnals, underpasses 0( ao&slngs), and explosion, collapse and underground hazard shaft be removed . Waiver of aubrogaOon B. Buslneaa Automobile Coven.a. insurance. This Insurance shall contain a' combined single limit of at least $2,000,000 per occunenoe or claim, Indudlng but not Imlted to coverage for the following: . Badly Inlury and property d~e . Any and all moto( vehicles Including owned, hired and non-owned The policy sh.n also contain the following endorsements which ehal' be Indicated on u,. certificate of Insurance: . The employee and work'-s c::ompenaaUon related exclusions In the above poUcy apply only to Ucensee', employees . The excluelons for ~lIroada (except where the Job aite Ie moAt than fifty feet (50') from any railroad Including but not limited to tnIcka, bridges. trestles. roadbeds, terminals, underpassel or Clonlngl), and e)ClJloslon. collapse and underground hazard aha. be removed . Motor CaRier Ad Endorsement- Haza"dous mat.rials clean up (MC8-SO) if required by law. C. Work.... ComlMnaatlon and Emolov.... Uabllltv Insurance inducing but not limited to: . Ucensee'l atetuloty liability under the werten. compensation laws of the s18t8(a) atraded by this Agreement . Employerw' llabllty (Part B) wilh limits of at le.lt $500,000 each accident. $500,000 dlseale policy limit $600,000 each employee If WOf1<era Compenlallon in,Ul'8nce wlU not cover the Uabltlty of Uc:ens.e In statel Ihat require partldpaUon In Itate woritara' compensation fund, licensee shall comply with the laws of luch Itatel. If Llcenaee .. .elf~n.ured, evidence of slate approval mUlt be provided along with evidence of excel' workers compensation coverage. Coverage shall Indude Dablllty arising out of the U. S. LonglhOfemen's end Harbor WOf1<era' Act, the Jones Act, and the Outer Continentll Shelf Land Act, If applcable. The policy shall also contain the followfng endorsement which ahall be Indlcatad on the certJncate of Insuranc.: . Alternate Employer Endorsement o. Umbrella or Excesl Pollcln In the event Lioonloe utmzel UmbfeNa or excess polidel, lhese policlos shall 'follow form" and offord no leu GOverage than the prImary policy. _ _nnn__nnn_________ Pia_' on---~~nn _n - - --- 51 Other Requirements E. Punitive damage exdusion must be deleled, which deletion shall be indicated on the certificate of insurance. F. Licensee a'grees 10 waive its right of recovef'{, and its Insurers, through policy endorsement. agree to waive Iheir right of subrogation against Licensor. licensee further waives its right of recovef'{, and its insurers also waive their right of subrogalion against . Licensor for loss of its owned or leased property or property under its care. custody and control. Licensee's insurance shal be primary with resped to any insurance camed by Licensor. All waivers of subrogation shall be indicated on the certificate of Insurance. G. All poWcy(ies) required above (excluding Workers Compensation) shall provide severability of interesls and shall name Licensor as an additional insured. Severability of Interest and naming L1censOf' as additional insured shall be indicated on the certifiate of insurance. H. Prior to commencing the Woc1<. licensee shall furnish to Licensor original C8rtificate(s) of insurance evidencing the required coverage. endorsements. and amendments. The certiflC8te(s) shall contain a provision that obligates the insurance cornpanv(ies) issuing such pollcy(les) to notify Licensor in writing of any <31celation or material alteration. Upon request from Licensor, a certified duplicate onglnal of any required policy shall be furnished. I. Any Insurance policy aha. be written by a reputable Inswance (X)f1'lpany acceptable to Uoensor or with a current Best's Insurance GuIde Rating d A- and Cia.. VII or better, and authorized to do buU\e1S in the state(s) In which the servlce Is to be provided. J. Ucensee WARRANTS that this Agreement has been thoroughly reviewed by LIcensee's Insurance agent(s)lbroker(s), who have been Insbuded by Ucensee to procure the Insurance c:overage required by this Agreement and acknowtedges that Licensee's Insurance coverage wit be primary. K. The fac:tthat Insurwlce Is obtained by Ucensee or Licensor on behalf of Licensee shall not be deemed to release or diminish the Mablllty of Ucensee. including, without limitation. lability under the Indemnity provisions of this Agreement. Damages recoverable by Licensor shall not be Imlted by the amount of the required Insurance coverage, P.o' 2 of 2 52 ~ ~ ....,th the cnllle value 01 such property. Sochon 9 RESTORATION Or LICENSOR'S PROPEBIY In the e.ont the Ucensor authorizes the Liconsee to take down any fence cllhe Uconsor or in any manner move or disturb any of the clhe" property 0{ the Licensor in connection with the conslruchon. maintenonce. repair. renowal. modification. reconstruction. relocation or removal of Ihe Pipeline. then in that event the Licensee shall. as soon as possible and at Licensee's solo expense. restore such lence and otOOr property to tho same condition as the same were 10 before such lence was taleen down or such other proporty was moved or disturbed. and the licensee shall indemmly and hold harmless the Licensor, its ollicers, agents and employees. against and from any and allliabilJty. lass. damages. dO/ms. demands. costs and expenses of whatsoever nature. including court costs and allornays' lees. which may resuh from injUry to or death 01 porsons whomsoever. or damage to or loss or destruction 01 property whatsoever. when such injury. dcath. damoge. loss or dostNction groVls out 01 or arises lrom Ihe laking down 01 any lence or the moving or disturbance 01 any other property 01 the Licensor. Sechon 10. INDf..MNlT'i (0) As used in this Seellon. 1.Icensor" includes other rai\road companies USIng the Licensor's property at or near the location 01 the Licensee's inslallallon and their oIlicers. agents. and employoos; "Loss. includes loss. damage. claims. demands. actions. causes 0( action. penalties, costs. and expenses 01 whatsoevor nature. Including court costs and attorneys' fees, which may result \rom: (a) Injury to or death of persons whomsoever (Including the Ucensor's olllcors. agents, and employoes. the Ucensee's officers. agents, and employees, al weU as any oCher person); and/or (b) damage to or loss or destruction of property whatsoever (including I..k:onsee's property. damage to the roadbed. traclts. equipment. or other property of the Ucensor. or property In Its care or custody), (b) As a major Inducement and In consideration oIlhe license and permission herein granted. the licensee agrees 10 indemnify and hold harmle.. lhe Ucensor (rom any Loss which is due to or arisea from: I. The prosecution of any work contemplated by Ihis Agreemenl Including the Installation. construction. maintenance. repatr. renewal. modlflcatlon. reconstruction. relocation. or removal of the Pipeline or any port thoreof; or 2. The presence, operation, or use of the Pipeline or contents escaping therefrom. oxcept to the extent that the Lo.. I. caused by the sole and dJrect negligon.ce of the licensor. Section I t. REMOVAL OF PIPE UNE UPON TERMINATION Of AGREEMENT. Prior to the termination of Ihls Aoreement howsoever. Ihe Ucensee shall at Ucenloo's sole expense. remove the Pipeline from those portions of the property not occupied by the roadbed and track or Irackl of the Llcon.or and shall restore. to t he satisfaction of the l.Jcensor, such portion. 0( .uch property to 01 good a condlllon as they were in at tho time 0( the conatructlon 01 the Pipeline. U the Ucensee 1011. to do the (oregoing. the Ucenaor may do such work of romoval and resloratlon at the cost and expense of the LicenaM. The Lk:ensor may, at Its option. upon luch termination. at the enUre cost and expense 0( Ihe Licensee. remove the portions 01 the Pipeline located underneath Itl roadbed and tracle or traeles and restore such road bod to as good a condillon as it was In allhe time of the construction of the Pipeline, or it may permlllhe Ucenae" to do such work of removal and r~toratlon to the satisfaction of the Ucensor. In the event alhe removal by the llcensor of the property of the LIcensee and of the rp.storallon of the roadbed and property as herein prov;dod. the Ucensor shall in no manner be liable to the Llconsee lor any damage sustained by tho Ucen.ee for or on account lhereor. and such removal and restoration shall In no manner projudtce or Impair any rIght 01 actiOn for damCIIJe.. or otherwise. that Ihe I..k:enaor may havo against Iho Uconlee. ~jlJctlon 12 WANER OfBRF..ACH. The waiver by the Ucenlor ollhe breach of any condition. covonant or agrcflment herein contained to bo \copt. observed 'lnd performed by the Uconsee .hall In no way Impair the rlghl of Ihe lIconllor 10 avail it!\oll of any remedy lor any lIubaequ"3nl hro(Jch thereol rh c.b f"IC J nr ., r .h,h,f II 53 Section 13. TERMINATION. (a) !Ilhe ucensee does nol uso Iho right herein granled or the Pipeline lor one (I) year. or i( tho Licensee continues in derault In the performance of any covenant or agreemont horein contained (or a penod o( thirty (30) days aher written notice (rom the Licensor to the ficensee spacilying such delault. lhe Licensor may. at ils option. (orthwith Immediately lermlnate this Agreement by written notice. . (b) In addition to the provisions or subparagraph (a) above. thiS Agreemont may be terminated by written notice given by 81tner party hereto to the other on any date In such notice statod. not less. however. than thirty (30) days subsequent to the dale upon which such notice shall be given. (c) Notice of default and notice of lermination may be served personally upon the Ucensee or by mailing to the last known address or the Uconsee. Termination or this Agreement lor any reason shall not aUact any 0( Iho rights or obligations or the parties hereto which may hovo accrued. or liabilities. accruod or otherwise. which may havo arisen prior Ihoreto. Section 14. AGREEMENT Nor TO BE ASSiGNED. The Licensee shaU not asstgn this Agreement, in whole or in paTt. oc any rIghts herein granted, without the wrlllen consent of the Ucensor. and It is agreed that CD\Y transfer 0(' assignment or attempted transfer or assignment of lhis Agreement oc CD\y of the rights herein grCD\ted. whether voluntary. by operation 0( law. oc otherwise. without such consent In writing. shall be absolutely void and. at the opUon of the UcensO('. .halllerminale this Agreement. Section 15. SUCCESSORS AND ASSIGNS. Subject to the provtslon. 0( SecUon 14 hereof. this Agreomenl shall be binding upon and Inure 10 Ihe benefll or the partie. hereto. Iholr hetrs, executors, administrator.. ~uccelsorl and aSligns. fll. ccb ".&e: 4 of 4 r ,h.I>,t 1\ 54 - / ~4 WQ.Q.DBllJ~N I .. . .' ( " " , .. t t.J I ,e .f ~ --. ~~ . . August 18, 2005 TO: Honorable Mayor and City Council FROM: Frank Tiwari. Public Works Director ~ N. Robert Shields, City Attorney i/t.S SUBJECT: 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 Aareement 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&; 55 I 'VI IVI \..H..IIC:; IVIUYUI UIIU '--II Y ,"-UUIIL.1l 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." Little 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 City of Auburn v. U.S. Government, 154 F3d 1025 (9th 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. LEX IS 13946 (8th Cir July 12, 2005). (Acquisition of easement for bicycle and pedestrian trail is preempted.); I 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. Beaverton, lake Oswego. Oregon City, and Grants Pass is acknowledged. 56 """"" IIUIIUIUUI<;;;" IVIUYVI \..111\..1 '-'IIY '-',",VI ''-''' August 18. 2005 Page 3 . . Wisconsin Central ltd. v. City of Marshfield, 160 F Supp 2d 1009 (WO Wis 2000) (finding broad preemption): Columbiana County Port Authority v. Boardman Tp. Park Dist.. 154 F Supp 2d 1165 (NO 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. Oist. 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 IMP ACT: None from this report. 57 ~ ~' I ~. . ~ '." .. . 1!.4i<1 . '. .~ WOQ.DBURN IIf,a'J'Dr""J 1~"69 llA A~'~ . . October 24,2005 TO: Honorable Mayor and City Council through City Administrator FROM: Naomi Zwerdling, Interim Director of Community Development Nt:..- SUBJECT: Resolution Calling for Public Hearing of Annexation Case File No. 04- 02 to Consider Annexation of Property located at 2045 Molalla Road. RECOMMENDATION: It is recommended that the City Council adopt the attached resolution calling for a public hearing on December 12, 2005 to consider annexation of property located at 2045 Molalla Road. It is identified specifically on Marion County Assessor Maps as Township 5 South, Range 1 West, Section 8A, Tax Lot #5200, Lot #3 of the Woodburn Fruit Tracts. BACKGROUND: The LOS Church, the applicant, has submitted applications to annex 9.62 acres of land into the City of Woodburn and change the zoning of the property from Marion County Urban Transition Farm (UTF) to City of Woodburn Commercial General (CG). The applicant has also submitted an application requesting design review approval for a 25,000 square foot church facility, 300 square foot storage building and 1 ,800 square foot pavilion (covered picnic shelter). DISCUSSION: State law requires a city council to set a public hearing to consider an annexation proposal. A resolution setting the date for public hearing before the City Council on December 12, 2005 is attached. fiNANCIAL IMPACT: There is no financial impact associated with the recommended action. Agenda Item Review: City Administrat City Attorney Finance 58 COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ANNEXATION OF CERTAIN PROPERTY LOCATED NORTH OF MOLALLA ROAD AT 2045 MOLALLA ROAD. THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Pursuant to ORS 222.120, 7:00 p.m. on December 12,2005 is declared to be the time set for public hearing before the Woodburn City Council on whether the City of Woodburn shall annex the property described in Exhibit "A" attached hereto. Section 2. Pursuant to ORS 222.120, no election is required on this issue. Section 3. Notice of said hearing shall be published once each week for two successive weeks prior to the day of the hearing, in a newspaper of general circulation within the City, and notices ofthe hearing shall be posted in four public places in the City for like period. Approved as to Forrn:roJ :ra- ~ J 0 - L 0 - Z () J .s- 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 Page 1 - COUNCIL BILL NO. RESOLUTION NO. 59 ., WARRANTY DUD IINDIVIDUAL) REEL T01 L.- Exhibit" A" PAGE lZ' , her"",lt. called "lfttOl'. COIW..,Ctl to F- III that rul property sitUlted In the County , State o' Oregon, decibed II: L D-r ~ WCObfJ VA.'" (Se.6 I/O'"Me ..2" rlf~s jA-IP CDt/Air.-,! ~. SQ.T1F;). i Flft)l r ',fA~,j, ~AItUJl" (!.4U,Vrt!" C)~tNJ. \ . # . :J.o, IflI!CDA.~ ~ /1= 1$w'" FtArs .eo.,c and covenant'" thlt CJ'antOl' is the owner of the above detcribld prOl*ty Ir.. of "I.nc:umbfancn except- and wilt warrant and deftnd the .mlllIIinII..I per10ns who mey I-'ully dalm the 111M. oc:.pt - thown Ibove. The true and -=tual consideration 101' this transl. liS - IS) · , tt. D.....lh~ I.~- ..... ~ ~ -z.8t. ~ . ':/-.7 P; --"-' STA~e OF OReGON,County af'l1.J~, ~ ~~~-l ~... f'.1~""1o A !i~ Instrument to ~~ ! II ....... wluntMY act Ind cIItd. ...;,.., u.~;;\ Belareme: ~ . "A:H\" ~ .~ ". ~"t.. ~ . :~f~:~()~:} No . Publlc'arOr . 'I ~.. ~;'.' My ~..- - II. -~ . ".~. .." : lhoulcl Include em plus III encumbrancn exlltl", .pinst the property to which the . ~ ''''~ ~IM ...bject 01' which the pUrc:h.. 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October 18, 2005 SUBJECT: Honorable Mayor and City council~>>u~City~dministrator Public Works Program Manager 0 ~ ~ Transit Operating Grant Agreement TO: FROM: RECOMMENDATION: Approve the attached resolution entering into ODOT Grant Agreement No. 22586 with the State of Oregon to receive $15,000 in public transportation operating assistance funding and authorizing the City Administrator to sign the agreement on behalf of the city. BACKGROUND: The City applied for a Special Transportation Grant to the ODOT public transit division in February 2005. The grant was to provide additional operational funding to provide an additional Dial-A-Ride vehicle during peak times to provide additional rides and better service to the elderly and disabled residents. The proposal was to provide approximately 12 additional hours per week using a part time driver. The grant was for a two fiscal year period and the city applied for $15,000 ($7,500 each year for the next two fiscal years). In June 2005 the City was notified that its application had been selected for funding. DISCUSSION: This agreement provides for $15,000 ($7,500 each year for the next two fiscal years) in assistance for providing elderly and disabled public transportation service. The city attorney has reviewed the agreement. Staff recommends that the resolution be approved authorizing City Administrator to sign the agreement on behalf of the city. FINANCIAL IMPACT: This public transportation operating assistance funding is budgeted revenue in the approved 2005-2006 budget. Agenda Item Review: City Administrat City Attorney _ Finance 62 - COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION ENTERING INTO GRANT AGREEMENT NO. 22586 WITH THE STATE OF OREGON AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SUCH AGREEMENT. WHEREAS, the State of Oregon acting through the Oregon Transportation Commission is authorized to enter into agreements and disburse funds for the purpose of supporting public transportation pursuant to ORS 184.670 to 184.733, and WHEREAS, the City of Woodburn applied for public transportation operating assistance funds ul1der the Special Transportation Grant Program for the elderly and disabled administered by the State of Oregon, Department of Transportation, and WHEREAS, the State of Oregon, Department of Transportation, has been designated to coordinate grant applications, select recipients of assistance and to administer the disbursement of Special Transportation Grant Program funding for the elderly and disabled, and WHEREAS, the State of Oregon, Department of Transportation, has approved $15,000 in operating expenses for the City of Woodburn to be used in support of public transportation for the elderly and disabled, NOW THEREFORE; THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into Grant Agreement No. 22586, which is affixed as Attachment "A" and by this reference incorporated herein, with the State of Oregon acting by and through its Department of Transportation to secure federal funds for the purpose of supporting public transportation for the elderly and disabled. Section 2. That the City Administrator ofthe City of Woodburn is authorized to sign said agreement on behalf of the City. Page 1- COUNCIL BILL NO. RESOLUTION NO. 63 Approved as to form~.~ ~ City Attorney 10 Z:; ? 0 0 S' Date APPROVED: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Recorder City of Woodburn, Oregon 64 ATTACHMENT "A" Due to the length of the attachment, it has not been included with the Council packet. The attachment will be available for review at the Public Works office or at the council meeting. 65 ". ~ WOODBURN 1."".,.,.J "'1 lie ~~ . . October 18,2005 FROM: Mayor and City Council through City Administrator /;# ~ Randy Rohman, Public Works Program Manager/v-J ' ~ TO: SUBJECT: ODOT Capital Grant Agreement for Purchase of Paratransit Van RECOMM~NDATION: Approve the attached resolution entering Into ODOT Grant Agreement No. 22587 with the State of Oregon for capital purchase assistance for a new paratranslt van and authorizing the City Administrator to sign the agreement on behalf of the city. BACKGROUND: The city has, in the past. received capital assistance for transit vehicles from the Federal Transit Administration's Section 5310 Elderly and Persons with Disabilities Program. These federal funds are administered by the Oregon Department of Transportation. The City applied to ODOT Public Transit Division for a grant to fund replacement of a 1991 Ford paratranslt van that is In poor condition. In June 2005 the City was notified that its application had been selected for funding. DISCUSSIQN: This capital grant allows the city to replace a 1991 model year van that is in poor condition. This agreement provides a better match ratio than has been standard for some of these agreements. The city match is 10.27% and this agreement provides for up to $51,925.00 in assistance for the purchase of a paratransit van. The city will provide up to $5,905.00 in matching funds for the purchase. City matching funds are available In the transit equipment replacement fund. The agreement is similar in content to past capital grant agreements that the city entered into with ODOT. The city attorney has reviewed the agreement. Staff recommends that the resolution authorizing the City Administrator to sign the agreement on behalf of the City be approved. FINANCIAL IMPACT: City matching funds, in the amount of $5,905,oa, are currently held In the Equipment Replacement Fund and no additional funds will be required. This capital purchase is included in the Transit Department equipment replacement budget for fiscal year 2005-2006, Agenda Item Review: City Administrate City Atterne Finane 66 - COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION ENTERING INTO GRANT AGREEMENT NO. 22587 WITH THE STATE OF OREGON AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SUCH AGREEMENT. WHEREAS, the State of Oregon acting through the Oregon Transportation Commission is authorized to enter into agreements and disburse funds for the purpose of supporting public transportation pursuant to ORS 184.670 to 184.733, and WHEREAS, the City of Woodburn applied for public transportation capital assistance funds under Title 49, United States Code, Chapter 5310, Elderly and Persons with Disabilities Capital Program, and WHEREAS, the State of Oregon, Department of Transportation, has been designated to evaluate and select recipients of assistance from federal funds available under the Elderly and Persons with Disabilities Capital Program, to coordinate grant applications and to administer the disbursement of the federal assistance, and WHEREAS, the State of Oregon, Department of Transportation, has approved capital assistance for the City of Woodburn from Title 49, United States Code, Chapter 5310, Elderly and Persons with Disabilities Capital Program, NOW THEREFORE; THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into Grant Agreement No. 22587, which is affixed as Attachment. A. and by this reference incorporated herein, with the State of Oregon acting by and through its Department of Transportation to secure Title 49, United States Code, Chapter 531 0, Elderly and Persons with Disabilities Capital Program funds for the purpose of supporting public transportation. Section 2. That the City Administrator of the City of Woodburn is authorized to sign said agreement on behalf of the City. Page 1- ~OUNCIL BILL NO. RESOLUTION NO. 67 Approved as to form~ ~ ~ City Attorney /0- '2 /- 2coS Date APPROVED: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Recorder City of Woodburn. Oregon 68 .. ATTACHMENT "A" Due to the length of the attachment, it has not been included with the Council packet. The attachment will be available for review at the Public Works office or at the council meeting. 69 ""'I'" ,.,- ~ WOOD~URN 1,c.".,.,t~ 1'6' liD ~~ . . October 18, 2005 FROM: Honorable Mayor and City counCil-'~U9h City Administrator Public Works Program Manager q~ ~ Transit Operating Grant Agreement TO: SUBJECT: RECOMMENDATION: Approve the attached resolution entering Into ODOT Grant Agreement No. 22806 with the State of Oregon to receive $67,321 .00 In public transportation operating assistance funding and authoriZing the City Administrator to sign the agreement on behalf of the city. BACKGROUND: The city has been receiving annually operating assistance from the Federal Transit Admlnlstratlon1s public transportation operating assistance program for small cities and rural areas since the early 19801s. These federal funds are administered by the Oregon Department of Transportation and the city applies for these funds each year. DISCUSSION: This agreement provides for $67,321 in assistance for providing public transportation service. This Is approximately 5 percent more than the previous year. The city attorney has reviewed the agreement. Staff recommends that the resolution be approved authoriZing City Administrator to sign the agreement on behalf of the city. FINANCIAL IMPACT: This publiC transportation operating assistance funding is a budgeted revenue source in the approved 2005-2006 budget. Agenda Item Review: City Administrat _ City Attorney ---"--' Finance 70 '" COUNCil Bill NO. RESOLUTION NO. A RESOLUTION ENTERING INTO GRANT AGREEMENT NO. 22806 WITH THE STATE OF OREGON AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SUCH AGREEMENT. WHEREAS, the State of Oregon acting through the Oregon Transportation Commission is authorized to enter into agreements and disburse funds for the purpose of supporting public transportation pursuant to ORS 184.670 to 184.733, and WHEREAS, the City of Woodburn has applied for federal public transportation operating assistance funds under Title 49, United States Code, Chapter 5311, Small City and Rural Areas Program, and WHEREAS, the State of Oregon, Department of Transportation, has been designated to evaluate and select recipients of assistance from federal funds available under the Small City and Rural Areas Program, to coordinate grant applications and to administer the disbursement of the federal assistance, and WHEREAS, the State of Oregon, Department of Transportation, has approved $67,321 in operating expenses for the City of Woodburn to be used in support of public transportation, NOW THEREFORE; THE CITY OF WOODBURN RESOLVES AS FOllOWS: Section 1. That the City of Woodburn enter into Grant Agreement No. 22806, which is affixed as Attachment "A" and by this reference incorporated herein, with the State of Oregon acting by and through its Department of Transportation to secure federal funds through Title 49, United States Code, Chapter 5311 for the purpose of supporting public transportation. Section 2. That the City Administrator of the City of Woodburn is authorized to sign said agreement on behalf of the City. Page 1- COUNCIL BILL NO. RESOLUTION NO. 71 '" Approved as to form: ~. ~ ~ City Attorney (V '2u I[ OE>S' ate APPROVED: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Recorder City of Woodburn, Oregon 72 'l' ATTACHMENT "A" Due to the length of the attachment, it has not been included with the Council packet. The attachment will be available for review at the Public Works office or at the council meeting. 73 ~ ~~~ ~ W9Q:Q.BURN r"(OrpOfllrtd 1889 liE A~'~ . . October 20,2005 FROM: Mayor and City Council through City Administrator D. Randall Westrick. Recreation and Parks Director ~ Mill Creek Greenway Master Plan TO: SUBJECT: RECOMMENDATION: Review and comment. BACKGROUND: The 1999 Comprehensive Plan Update Policies 5 & 6 state that the City will acquire, develop and operate the Mill Creek corridor as greenways that include multiple functions including: open space and habitat preservation: flood control: cycling and walking on all-weather pathways; nature recreation and education and neighborhood park facilities. To provide more specific direction to implement these policies, the Recreation and Parks Department has developed the draft Mill Creek Greenway Master Plan. This planning process is the result of a consulting partnership with the National Park Service's Rivers, Trails and Conservation program and the Mill Creek Task Force. In December of 2003, Mayor Figley appointed the Mill Creek Greenway Task Force. This group was made up of various local individuals with interests in the management and development of the Greenway. The Task Force included Greenway neighbors, educators, scientists, land managers, City representatives and others with interests in the corridor. In the course of developing the plan, the Task Force conducted a site inventory, implemented a community survey, organized public design workshops and reviewed work product. The Task Force, Recreation and Parks Department staff and National Park Service consultant have received significant support from various City Departments including the Public Works, Community Development Administration and Police Departments. Staff from these departments provided valuable technical advice as well as review of the final document to assure that the master plan is in concert with other City plans such as the Comprehensive Agenda Item Review: City Administrat City Attorney _ Finane 74 Mayor and City Council October 20,2005 Page 2 . . Plan, Transportation System Plan and Storm Water Management Plan. The Police Department offered valuable advice on security, especially within the Greenway where the trail route nears the new Police Facility. DISCUSSION: In June, the Recreation and Parks Board reviewed the Greenway Master Plan and unanimously voted to recommend approval to the City Council. The Master Plan defines five "regional" planning units that include North, Central and South along Mill Creek as well as the Southwest Tributary and Goose Creek Tributary. The primary facility throughout the trail system is a paved "spine" trail. This trail is proposed as eight to 12 feet in width, paved with painted white "fog" lines on the right and left. Trail amenities proposed along the route include benches, directional signs, historic and natural interpretation areas and trailheads. The Greenway has great potential to provide off-road and non-motorized transportation to many destinations in Woodburn. Trails will connect residential neighborhoods with each community park, the Downtown core, schools including Woodburn High School, the Valor/Heritage campus, the French Prairie/Lincoln campus, Washington Elementary School and the Woodburn campus of Chemeketa Community College. The 1999 Parks and Recreation Comprehensive Plan indicates that southern portions of Woodburn east of the Union Pacific Railroad and west of Hwy. 99E are deficient in neighborhood parkland. Hermanson Parks I & II could be developed to help alleviate this shortage. FINANCIAL IMPACT: The plan proposes a six-year capital improvement plan that totals $159,750. Further analysis of costs to completely construct the facilities proposed in the plan will take place when the Parks and Recreation Comprehensive Plan is updated later this year. Funding for these projects is available through a variety of grant sources that includes the State's Recreational Trails Program, Local Government Grant Program and the Federal Land and Water Conservation Fund. Funding for environmental enhancement projects proposed within the plan is also available 75 - ~ Mayor and City Council October 20,2005 Page 3 . . through a variety of public and private grant sources including agencies such as the Department of Fish and Wildlife and Oregon Water Resources Board. Enclosure: Mill Creek Greenway Master Plan 76 ~ The Mill Creek Greenway Master Plan is not included In the agenda packet. The entire document has been given to the City Council and is available for review by the public in the City Recorder's office, in the City Administrator's office, and at the reference desk of the Woodburn Public Library. 77 """ ..... ~ WOOlLBURN 1,,(orr~'a'tJ ISS9 ~ ~llF . . October 24, 2005 FROM: Honorable Mayor and City counc~~ John C. Brown, City Administrat~ TO: SUBJECT: Amendment to Agreement for Periodic Review Consulting Services RECOMMENDATION: It is recommended the City Council authorize the City Administrator to execute the attached Addendum to Agreement for Consulting Services with Winterbrook Planning, and any related documents, for fiscal year 2005-06. BACKGROUND: The City contracted in 2001 with Winterbrook Planning (Winterbrook) to provide professional and technical support needed to complete the City's comprehensive plan periodic review tasks. The contract was amended six times between then and August 2004. Amendments increased the scope of Winterbrook's assignment and compensation due Winterbrook for that work. In August 2004, the City Council authorized me to execute an agreement with Winterbrook Planning that superceded all previous contracts and which defined all work to be conducted during fiscal year 2004-05, at a not-to-exceed cost of $20,000. That agreement was amended in May 2005 to expand the scope of work and to increase compensation to $35,000. DISCUSSION: Winterbrook expended all the funds allocated to them for FY 2004-05 by June 30, 2005 and, in fact, provided services beyond those contemplated under the amended agreement through rate discounting. These additional services were required to refine documents and to coordinate more heavily with city staff than anticipated during the period following the Council's hearing on the Periodic Review Work amendments. With the departure of the Community Development Director in July, 2005, Winterbrook took the lead role in supporting the Council's deliberations on the Agenda Item Review: City Administrato City Attorney Finance 78 11' Honorable Mayor and City Council October 24, 2005 Page 2 . . Periodic Review work amendments, in coordinating with City legal staff to develop the findings and justification reports needed to implement the Council's September 19, 2005 decision, and in reviewing, updating, and compiling the considerable volume of material needed to support those primary documents. It was anticipated that Winterbrook's services for 2005-06 would cost $15,000. That amount was included in the approved budget for 2005-06. In July 2005, the Council approved $30,000 in additional budgeting, to cover the costs of Winterbrook's expanded role in completing Periodic Review. Due to the time spent on Periodic Review tasks, Winterbrook's contract with the City has not yet been updated to reflect the additional work he is providing, or the compensation associated with that work. An amendment to the compensation provision of the agreement is needed to compensate Winterbrook's services through the remainder of the fiscal year. Those services are estimated to cost $45,000. An amendment is also needed to reflect the revised scope of Winterbrook's services for the same period. Therefore, it is recommended Winterbrook's agreement be amended to increase the contract amount from $35,000 to $80,000, and to expand the scope of work to include the services needed during this fiscal year to complete Periodic Review. These changes are reflected in the attached Addendum to Agreement for Consulting Services. FINANCIAL IMPACT: The attached agreement increases total compensation for Winterbrook under the August 2004 contract to $80,000 and provides compensation for services to be provided in fiscal year 2005-06 in an amount not to exceed $45,000. Funds are budgeted in the Planning budget to support these costs. To date, $220,000 has been expended to assist with periodic review and related tasks. Of that, $185,000 was provided by the General Fund, and $35,000 was provided by a State grant. Attachments: Draft Amended Agreement for Consulting Services 79 rn' 1 ADDENDUM TO AGREEMENT FOR CONSULTING SERVICES BETWEEN CITY OF WOODBURN AND WINTEROWD & BROOKS, LLC l DRAFT + THIS ADDENDUM TO AGREEMENT is entered into between the City of Woodburn, an Oregon municipal corporation, hereinafter referred to as "City," and Winterowd & Brooks, LLC, dba Winterbrook Planning, hereinafter referred to as "Consultant." RECITALS WHEREAS, in August 2004 the City and Consultant executed an agreement for fiscal year 2004-05 (the "Existing Agreement"), a copy of which is attached hereto as Exhibit "A" and incorporated herein; and WHEREAS, in May, 2005 the Agreement was amended to increase the not-to-exceed amount by $15,000 and to expand the scope of Consultant's services to the City, a copy of which is attached hereto as Exhibit B and incorporated herein; and WHEREAS, the parties mutually agree to increase the not-to-exceed amount by $45,000 to cover costs associated with the review and adoption of the Woodburn Periodic Review and Urban Growth Boundary amendment package for fiscal year 2005- 06. NOW, THEREFORE, City and Consultant agree as follows: Section 1. Section 1, SCOPE OF WORK, contained in the Existing Agreement is modified to read as follows: SCOPE OF WORK Under the direction of the City Administrator, Consultant will represent the City in matters related to successful completion of the City's Periodic Review Work Program and Urban Growth Boundary (UGB) amendment process. As Consultant Project Manager, Greg Winterowd, will assume the role of the City's Planning Director in seeing this project to conclusion. In this role, Consultant will take primary responsibility for completion of the following tasks: Task 1: FindinQs. In response to the large volume of public and agency comments received by the Planning Commission and City Council, Consultant will prepare detailed findings to justify adopted amendments to the Woodburn UGB, Comprehensive Plan, Development Ordinance, and Urban Growth Management Agreement. These findings will be included in a revised UGB Justification Report to be reviewed by the City Attorney prior to Council adoption. This report will be augmented by previous Community Development Director and WINTEROWD & BROOKS ADDENDUM TO AGREEMENT PAGE 1 80 - Consultant responses to issues raised during the public hearing process from property owners, area residents, interest groups, Marion County and state agencies. Task 2: Marion County Coordination. Marion County staff has submitted lengthy comments to the City regarding the proposed UGB amendments. In addition to responding to County staff concerns, Consultant will work closely with the City Attorney and City Administrator to coordinator with Marion County in the review and adoption of the 2005 Woodburn Periodic Review and UGB amendment package. Consultant will assist in the review and adoption process for the Urban Growth Management Agreement (UGMA) with Marion County, and will represent the City in the County public hearing and adoption process. Task 3: DLCD and ODOT Coordination. Consultant will lead the City's efforts in ongoing coordination with DLCD staff regarding the Land Conservation and Development Commission's acknowledgment review process. Consultant will also represent the City in ongoing coordination with the Oregon Department of Transportation, including the review and Council adoption of the Intergovernmental Agreement (IGA) related to managing vehicle trips generated within the Interchange Management Area (IMA) Overlay District. These tasks include meetings, phone calls and emails with DLCD and ODOT staff; responses to concerns raised by those agencies, and coordinating the City's acknowledgment submittal and review strategy. Task 4: City Council Deliberations. During Fiscal Year 2004-05, Consultant participated in public hearings and deliberative sessions before the Woodburn Planning Commission and City three Planning Commission work sessions, one public hearing, and one deliberative meeting; and one City Council public hearing and one deliberative session. Consultant will represent City Community Development staff during additional Council deliberative sessions prior to adoption of the Periodic Review and UGB Amendment Package. Consultant will respond to Council questions and adjust Comprehensive Plan and WOO text and maps as necessary in response to Council direction. Per task 6, Winterbrook will take over the role of the City's Planning Director in this and any additional hearings. Task 5: ReDort and Plan Revisions. Consultant will be responsible for any additional report revisions that may be required by Marion County, DLCD/LCDC, or other review bodies. Consultant also will be responsible for working with Woodburn Public Works staff in making necessary revisions to the Public Facilities Plan (PFP) and Transportation Systems Plan (TSP) where necessary to ensure consistency with the Comprehensive Plan or UGB Amendment Justification Report. Task 6: Plan and Zone Amendments unrelated to Periodic Review. The City has initiated multiple Comprehensive Plan and Zone changes inside the existing WINTEROWD & BROOKS ADDENDUM TO AGREEMENT PAGE 2 81 - UGB, apart from the Periodic Review process. These changes were made to ensure internal consistency between existing comprehensive plan designations and zoning and to respond to local issues. The changes were made after the Buildable Lands Inventory was completed, and must be reconciled with the Buildable Land Inventory. Consultant will be responsible for preparation of findings related to land need and supply to address these changes within the context of the UGB Justification Report. Greg Winterowd, Principal Planner, shall be the project manager and shall report directly to City Administrator. This Scope of Work replaces the Scope of Work in all previous contracts and agreements with Consultant. Section 2. Section 2, CONSIDERATION, contained in the Existing Agreement is revised to read as follows: CONSIDERATION City shall pay Consultant a sum under the existing and amended agreements not to exceed $80,000 for all Consultant services. However, compensation may be less than such maximum amount and shall actually be determined on a time-and- expense basis for labor and direct expenses Consultant incurs, as follows: Professional Services: Principal Planner Senior Planner Planning Technician Project Assistant $120.00 $ 95.00 $ 60.00 $ 60.00 Expenses: Mileage will be reimbursed at the federal maximum per mile ($.48 in 2005); photocopies at $0.15 per page; faxes and scanning at $1.00 per page; and direct expenses such as postage, long distance phone calls, etc., at cost. Consultant will submit a monthly invoice to City indicating costs and expenses incurred. The invoice shall include a summary of services provided. City agrees to review the invoice, and to notify Consultant of any questions or disagreements City might have with the invoice within ten days after receipt of the invoice. After the ten-day period, or after questions or disagreements noted during the ten-day period have been resolved to the satisfaction of the parties, the work performed during the period covered by the invoice shall be considered satisfactory by City. Payment of the invoice shall be within 30 days of accepting the invoice as satisfactory . With the exceptions of the modifications approved by the parties in this Addendum to Agreement, the Existing Agreement remains in full force and effect. WINTEROWD & BROOKS ADDENDUM TO AGREEMENT PAGE 3 82 ~ ..... WINTEROWD & BROOKS, LLC CITY OF WOODBURN By: By: John C. Brown Title: Date: Gregory Winterowd Title: Date: WINTEROWD & BROOKS ADDENDUM TO AGREEMENT 83 PAGE 4 11 r AGREEMENT FOR CONSULTING SERVICES BETWEEN CITY OF WOODBURN AND WINTEROWD & BROOKS, LLC I ! ATTAC~ENT--n;- I Page of ---=.1..-- THIS AGREEMENT is entered into between the City of Woodburn, an Oregon municipal corporation, hereinafter referred to as "City," and Winterowd & Brooks, LLC, dba Wintcrbrook Planning, whose address is 310 SW 4th Avenue, Suite 1100, Portland, Oregon 97204-2305, hereinafter referred to as "Consultant" RECITALS WHEREAS, City previously entered into personal service agreements with Consultant to assist City in accomplishing planning work tasks related to Periodic Review; and WHEREAS, Consultant has created a substantial body of work related to the completion of the Periodic Review work tasks; and WHEREAS, City is required to complete the Periodic Review work tasks and additional funding is necessary for Consultant to fInish its work; and WHEREAS, City will enter into this personal services agreement with Consultant which will supercede all prior agreements with Consultant regarding the same subject; NOW, THEREFORE, City and Consultant agree as follows: 1. SCOPE OF WORK. Under the direction of the Community Development Director, Consultant will assist City in completing the following tasks: Task 1: Citizen Involvement Program. Consultant will assist City in implementing an effective citizen involvement program consistent with Statewide Planning Goal 1, Citizen Involvement. Task 2: Findings. The Community Development Director will draft the findings with assistance from the City Attorney's office. Consultant shall provide support, including some new research and document review. Task 3: CounW Coordination. Continued coordination with Marion County will be required to <a) ensure fonnal adoption of the 35,000 population projection agreed to by County, OLCD and ODOT staff; (b) address the Growth Management Framework Plan policies, including the requirement for an amended intergovernmental agreement; and (c) review and modify of draft reports, if requested by County staff. Winterowd & Brooks Agreement Page I 84 1"1' r ATTACti,MENT q page...:l::- of Task 4: DLCD Coordination. Consultant will coordinate with DLCD staff regarding reports Consultant has prepared and the applicable process. Task 5: City Public Hearings. Consultant shall attend at least two public hearings _ one before the Planning Commission and one before the City Council. Task 6: MaDDing Revisions. It is anticipated that Consultant will assist City in revising the GIS maps. City's GIS specialist may also require advice and assistance from Bcotrust, Consultant's GIS sub-consultant. Map revisions will be needed to reflect the analysis and ultimate policy choices that are adopted by the City Council. Task 7: Renort Revisions. Consultant anticipates that the existing reports will need to be revised to reflect <a) the results of the public hearing process; (b) the results of the City's small-scale map amendment review; and (c) to address legal concerns. Task 8: Public Facilities Review. Consultant shall assist City regarding the need to docwncnt City's capacity to provide sanitary sewer, water and stonn drainage facilities to land within existing UGB plus several proposed expansion areas. Task 9: General Ci(y Coordination. Consultant shall be available to respond to questions from City staff that are not directly related to the above tasks, but are likely to come up over the next 12 months. Greg Winterowd, Principal Planner, shall be the project manager and shall report directly to City. This Scope of Work replaces the Scope of Work in all previous contacts and agreements with Consultant. 2. CONSIDERATION. City shall pay Consultant a sum not to exceed $20,000 for all Consultant services. However, compensation may be less than such maximum amount and shall actually be determined on a time-and-expense basis for labor and direct expenses Consultant incurs, as follows: PROFESSIONAL SERVICES: Principal Planner Senior Planner Planning Technician Project Assistant $120.00 $ 95.00 $ 60.00 $ 55.00 EXPENSES: Mileage will be reimbursed at the federal maximum per mil ($.375 in 2004); photocopies at SO.15 per page; faxes and scanning at $1.00 per page; and direct expenses such as postage, long distance phone calls, etc., at cost. Winterowd & Brooks Agreement Page 2 85 - .... ATTAC~MENT Page of q Consultant will submit a monthly invoice to City indicating costs and expenses incurred. The invoice shan include a summary of services provided. City agrees to review the invoice, and to notify Consultant of any questions or disagreements City might have with the invoice within ten days after receipt of the invoice. After the ten-day period, or after questions or disagreements noted during the ten-day period have been resolved to the satisfaction of the parties, the work performed during the period covered by the invoice shall be considered satisfactory by City. Payment of the invoice shall be within 30 days of accepting the invoice as satisfactory. 3. STATUS OF CONSULTANT AS INDEPENDENT CONTRACTOR. Consultant shall be an independent contractor for all purposes and shall be entitled to no compensation other than the compensation provided for under paragraph 2 of this Agreement. 4. TERM. This Agreement shall be effective from its execution through June 30, 2005, unless either party notifies the other of termination pursuant to Sections 11 or 12. The Agreement term may be extended upon written authorization of City. 5. INDEMNITY AND INSURANCE. A. Indemnity: Consultant acknowledges responsibility for any and all liability arising out of the perfonnance of this Agreement and agrees to hold City bannless from and indemnify City fol;' any and all liability, settlements, loss, costs, and expenses in connection with any actio~ suit, or claim resulting or allegedly resulting from Consultant's acts, omissions, activities or services in the course of performing this Agreement. B. Liability Insurance: Consultant shall maintain occurrence form commercial general liability for the protection of Consultant, City, its Council, directors, officers. agents, and employees. Coverage shall include personal injury, bodily injury, including death, and broad form property damage, including loss of use of property, occurring in the course of or in any way related to Consultant's operations, in an amount not less than $1,000,000 combined single limit per occurrence. Such insurance shall name City as an additional insured. Consultant shall provide to City a certificate of insurance evidencing coverage. C. Workers Compensation Coverage: If Consultant employs one or more subject workers, Consultant hereby certifies that they have qualified for State of Oregon Worker's Compensation coverage either as a carrier-insured employer or as a self- insured employer. Consultant shall provide to City a certificate of insurance (be they carrier or self-insured) evidencing coverage. Winterowd & Brooks Agreement Page 3 86 n 6. r ATTAC~ENT ot Page -Y- of METHOD AND PLACE OF GMNG NOTICE. SUBMlTIING BILLS.. MAKING PAYMENTS. =: All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills and payments sent by mail should be addressed as follows: CITY: James Mulder Community Development Director City of Woodburn 270 Montgomery St. WoodbUl'Il, OR 97071 CONSULT ANT: Greg Wintcrowd Winterowd &. Brooks, LLC 310 SW Fourth Ave., Suite 1000 Portland, OR 97204-230S When so addressed, such notices, bills and payments shall be deemed given upon deposit in the United States mail, postage prepaid. 7. WORK IS PROPERTY OF CITY. All work, including, but not limited to documents, drawings, papers, electronic media, and photographs, performed or produced by Consultant under this Agreement, shall be the property of City. 8. . LAW OF OREGON. The Agreement shall be governed by the laws of the State of Oregon. Venue shall be iri the Marion County Circuit Court. Consultant, by executing this agreement, hereby consents to the in personum jurisdiction of said court. 9. SUCCESSORS AND ASSIGNMENTS. A. Each party binds itself, and any partner, successor, executor, administrator, or assign to this Agreement. B. Neither City nor Consultant shall assign or transfer their interest or obligation hereunder in this Agreement without the written consent of the other. Consultant must seek and obtain City's written consent before subcontracting any part of the work required of Consultant under this Agreement. Any assignment, transfer, or subcontract attempted in violation of this subparagraph shall be void. Winterowd & Brooks Agreement Page 4 87 T"'I r ATTACHMENT -t Page~ of - C. In the event Consultant assigns, transfers or subcontracts any of the work contemplated or necessitated by the tenus of this Agreement to some third party, Consultant will ensure that said third party is made subject to all the terms and conditions of this Agreement. 10. RECORDS. Consultant shall retain all books, documents, papers, and records that are directly pertinent to this Agreement for at least three years after City makes final payment on this Agreement and all other pending matters are closed. Consultant shall allow City, or any of its authorized representatives, to audit, examine, copy, take excerpts from, or transcribe any books, documents, papers, or records that are subject to the foregoing retention requirement. 11. BREACH OF AGREEMENT. Consultant shall remedy any breach of this Agreement with the shortest reasonable time after Consultant first has actual notice of the breach or City notifies Consultant of the breach, whichever is earlier. If Consultant fails to remedy a breach in accordance with this paragraph, City may terminate that part of the Agreement affected by the breach upon written notice to Consultant, may obtain substitute services in a reasonable manner, and may recover from Consultant the amount by which the price for those substitute services exceeds the price for the same services under this Agreement. If the breach is material and Consultant fails to remedy the breach in accordance with this paragraph, City may declare Consultant in default and pursue any remedy available for a default. 12. TERMINATION FOR CONVENIENCE. City may terminate all or part of this Agreement at any time for its own convenience by written notice to Consultant. Upon termination under this paragraph, Consultant shall be entitled to compensation for all services rendered prior to actual notice of the termination or the receipt of City's written notice of termination, whichever is earlier, plus Consultant's reasonable costs actually incurred in closing out the Agreement. 13. INTELLECTUAL PROPERTY. The interest in any intellectual property, including, but not limited to copyrights and patents of any type, arising from the performance of this Agreement shall vest in City. Consultant shall execute any assignment or other documents necessary to affect this paragraph. Consultant shall transfer to City any data or other tangible property generated by Consultant under this Agreement and necessary for the beneficial use of intellectual property covered by this paragraph. Winterowd & Brooks Agreement Page 5 88 ~ r 14. INCOME TAX WITHHOLDING. \ ATTAC~MENT~ Page of --=.L- Consultant shall pay, if applicable, all sums withheld from employees pursuant to ORS 316.167. 15. PAYMENT OF CLAIMS BY CITY. If Consultant fails, neglects, or refuses to make prompt payment of any claim for labor or services furnished to Consultant or a subcontractor, or by any person in connection with this Agreement as the claim becomes due, City may pay the claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due to Consultant pursuant to this Agreement. City's payment of a claim under this paragraph shall not relieve Consultant or Consultant's surety, if any, from responsibility for those claims. 16. NO THIRD PARTY BENEFICIARIES. Consultant hereby represents that no employee of City, or any partnership or corporation in which a City employee has an interest, will or has received any remuneration of any description from Consultant, either directly or indirectly, in connection with the letting or performance of this Agreement, except as specifically declared in writing. 17. WORKER'S COMPENSATION COMPLIANCE. Consultant, its subcontractors, if any, and all employers working under this Agreement are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage for all their subject workers. Consultant and their subcontractors, if any, shall show proof of such coverage in a form satisfactory to City prior to commencing any of the work to be done under this Agreement. Consultant, if declaring an exemption from any requirement to provide workers compensation coverage for the labor to be performed under this Agreement, understands and agrees that under ORS 656.006 (13). an '-employer" is any person who contracts to pay a remuneration for and secures the right to direct and control the services of any person. Consultant understands and agrees that if it is exempt from coverage under ORS 656.027 and engages individuals who are not exempt under same in performance of the Agreement then Consultant shall provide worken compensation insurance coverage for all such individuals. If Consultant does not provide that insurance it may be deemed a . noncomplying employer for purposes of Oregon law and agree to hold City hannless from and indemnify it against any and all claims for compensation benefits made against Consultant as a noncomplying employer. Winterowd & Brooks Agreement Page 6 89 11 T ATTAC~MENT Page...:.!..- of COMPLIANCE WIm STATE AND FEDERAL LA WSIRULES. q 18. Consultant shall comply with all applicable federal, state and local laws, rules and regulations. 19. HOURS OF LABOR. Consultant agrees that no person shall be employed for more than 10 hours in anyone day, or 40 hours in anyone week, except in cases of necessity, emergency, or where the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services as defined in ORS 279.051, the employee shall be paid at least time and a half pay: A. For all overtime in excess of eight hours a day or 40 hours in anyone week when the work week is five consecutive days, Monday through Friday; or B. For all overtime in excess of 10 hours a day or 40 hours in anyone week when the work week is four consecutive days, Monday through Friday; and C. For all work performed on Saturday and on any legal holiday specified in ORS 279.334. Consultant agrees that all persons employed under this Agreement shall receive at least time and a half pay for work performed on the legal holidays specified in a collective bargaining Agreement or in ORS 279.334 (l)(a)(C)(ii) to (vii) and for all time worked in excess of 10 hours a day or in excess of 40 hours in a week. whichever is greater. 20. PAYMENT OF LABORERS AND MATERIALMEN. CONTRIBUTIONS TO INDUSTRIAL ACCIDENT FUND. LIENS AND WITHHOLDING TAXES. Consultant shall: 1. Malee payment promptly, as due. to all persons supplying labor or material for the prosecution of the work under this Agreement. 2. Pay all contributions or amounts due the Industrial Accident Fund from such Consultant or subcontractor incurred in the performance of this Agreement 3. Not permit any lien or claim to be filed or prosecuted against the state, county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished. 4. Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. Winterowd & Brooks Agreement Page 7 90 ~ 11. PAYMENT FOR MEDICAL CARE. ATTACt1NENT Page --L. of ( 'l: Consultant shall promptly, as due, make payment to any person, copartnership, association or corporation, furnishing medical, surgical and hospital care or other needed care and attention, incident to sickness or injury, to the employees of such Consultant, of all sums which Consultant agrees to pay for such services and all moneys and sums which the Consultant collected or deducted from the wages of employees pursuant to any law. contract or agreement for the purpose of providing or paying for such service. 21. PAYMENT OF CLAIMS BY PUBLIC OFFICERS. If Consultant fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Consultant by any person in connection with this Agreement as such claim becomes duo, City may pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due to Consultant. 23. RECYCLED PAPER REOUlRED. To the maximum extent economically feasible, Consultant shall use recycled paper in performing under this Agreement~ 24.' FINAL AGREEMENTIBINDING EFFECT. This document contains all of the terms and conditions of the parties' Agreement Any waiver or modification of the terms of this Agreement must be in writing. 25. INTEGRATION. This Agreement contains the entire agreement between the parties and supersedes all prior written or oral discussions or agreements regarding the same subject. 26. SEVERABILITY/SURVIV AL. If any of the provisions contained in this Agreement are held illegal, invalid or unenforceable, the enforceability of the remaining provisions shall not be impaired. Any provisions concerning the limitation ofliability or indemnity shall survive the termination of this Agreement for any cause. 27. FORCE MAJEURE. Neither City nor Consultant shall be held responsible for delay or default caused by fire, riot, acts of God, war or similar events or occurrences where such event or occurrence was beyond the reasonable control of City or Consultant respectively. Consultant will, however, make all reasonable efforts to remove or eliminate such a cause of delay or Winterowd & Brooks Agreement Page 8 91 1" r . ATTAC~MENT I default and shall, upon cessation of the case, diligently pursue P6\i?olmmc~f oMti- obligations under this Agreement 28. AUTHORIZATION. The persons executing this Agreement on behalf of the parties hereto represent and wanant that the parties have all legal authority and authorization necessary to enter into this Agreement, and that such persons have been duly authorized to execute this Agreement on their behalf. WINTEROWD & BROOKS, LLC CITY OF WOODBURN Title: B~a~ John C. Brown Title: C5 ~~~ Date: ~LAIC 2-7;200./ By: Winterowd & Brooks Agreement Page 9 92 'l'1'li' 'I"'" ADDENDUM TO AGREEMENT FOR CONSULTING SERVICES BETWEEN CITY OF WOODBURN AND WINTEROWD & BROOKS, LLC ATTACHMENT { Page --L of THIS ADDENDUM TO AGREEMENT is entered into between the City of Woodburn, an Oregon municipal corporation, hereinafter referred to as "City," and Winterowd & Brooks, LLC, dba Winterbrook Planning, whose address is 310 SW 4th Avenue, Suite 1100, Portland, Oregon 97204-2305, hereinafter referred to as "Consultant." RECITALS WHEREAS, the City and County executed an agreement for fiscal year 2004-05 (the "Existing Agreement"), a copy of which is attached hereto as Exhibit "A" and incorporated herein; and WHEREAS, the Existing Agreement provides that City shall pay Consultant a sum not- to-exceed $20,000 for services and this sum has been substantially expended; and WHEREAS, the parties want to increase the not-to-exceed amount to $35,000 so that an additional amount of approximately $15,000 is available; NOW, THEREFORE, City and Consultant agree as follows: Section 1. Section 1, SCOPE OF WORK, contained in the Existing Agreement is modified to read as follows: SCOPE OF WORK Under the direction of the Community Development Director, Consultant will assist City in completing the following tasks: Task 1: Findinas. Based on the volume of public comments received by the Planning Commission and City Council, Winterbrook will augment the draft UGB Justification Report and findings to respond to issues raised during the public hearing process, and to respond to comments received by property owners, interest groups, and state and local agencies. Task 2: Countv Coordination. Marion County staff submitted lengthy comments to the City regarding the proposed UGB amendments. Although the comments were largely positive, Winterbrook needed to respond to residential land assessment questions in great detail. Task 3: DLCD Coordination. Time is required for ongoing coordination with DLCD staff regarding reports Winterbrook has prepared and on the City and WINTEROWD & BROOKS ADDENDUM TO AGREEMENT PAGE 1 93 ATTACtiMENT ?- Page~ of ') County review processes. (See discussion above) Winterbrook has already met with OLCD staff on several occasions, and more meetings will be necessary. Task 4: City Council Public Hearina and Deliberation. Winterbrook has participated in three Planning Commission work sessions, one public hearing, and one deliberative meeting during the last six months. Winterbrook has also participated in one City Council public hearing and one deliberative session. At least one additional deliberative session before the City Council is anticipated on June 13, 2005. Task 5: Reoort Revisions. Winterbrook anticipates that the revised reports will need yet another set of revisions to ensure internal consistency and to address issues raised during the public review process. To better explain past work, and to respond to issues raised during the public hearing process (especially by 1000 Friends of Oregon, property owners outside the UGB; OLCO and Marion County), substantial revisions to existing reports will be required. Task 6: General City Coordination. Winterbrook will continue to be available to respond to questions from City staff that are not directly related to the above tasks, but are likely to come up over the next six months. For example, Winterbrook review of the draft Public Facilities Plan is essential. Greg Winterowd, Principal Planner, shall be the project manager and shall report directly to City. This Scope of Work replaces the Scope of Work in all previous contracts and agreements with Consultant. Section 2. Section 2, CONSIDERATION, contained in the Existing Agreement is revised to read as follows: CONSIDERATION City shall pay Consultant a sum not to exceed $35,000 for all Consultant services. However, compensation may be less than such maximum amount and shall actually be determined on a time-and-expense basis for labor and direct expenses Consultant incurs, as follows: Professional Services: Principal Planner Senior Planner Planning Technician Project Assistant $120.00 $ 95.00 $ 60.00 $ 55.00 Expenses: Mileage will be reimbursed at the federal maximum per mile ($.41 in 2005); photocopies at $0.15 per page; faxes and scanning at $1.00 per page; and direct expenses such as postage, long distance phone calls, etc., at cost. WINTEROWD & BROOKS ADDENDUM TO AGREEMENT PAGE 2 94 ..,. m ATTACHMENT ;). Page -3- of '3 Consultant will submit a monthly invoice to City indicating costs and expenses incurred, The invoice shall include a summary of services provided. City agrees to review the invoice, and to notify Consultant of any questions or disagreements City might have with the invoice within ten days after receipt of the invoice. After the ten-day period, or after questions or disagreements noted during the ten-day period have been resolved to the satisfaction of the parties, the work performed during the period covered by the invoice shall be considered satisfactory by City. Payment of the invoice shall be within 30 days of accepting the invoice as satisfactory . With the exceptions of the modifications approved by the parties in this Addendum to Agreement, the Existing Agreement remains in full force and effect. WINTEROWD & BROOKS, LLC CITY OF WOODBURN By: By.dJr~ John C. Brown Title: (fIr, ~iA/Jj~~ Date: ~-/J""()S- WINTEROWD & BROOKS ADDENDUM TO AGREEMENT PAGE 3 95 ..... ,.. ~ W.OODBURN . 110 ~~ I.corp",a".! 1889 . . October 24, 2005 FROM: Honorable Mayor and City Council John C. Brown, City Administrato~ TO: SUBJECT: Award of Contract for Community Development Director Executive Search Services RECOMMENDATION: It is recommended the City Council award a contract for Community Development Director Recruitment Services to the Prothman Company, and authorize the City Administrator to execute an agreement for services in the amount of $14,500, plus related expenses. BACKGROUND: On July 25, 2005, the City Council authorized me to solicit proposals from executive search firms to conduct a Community Development Director recruitment. The Council also approved a $25,000 contingency fund transfer to cover recruitment costs. A request for proposals (RFP) was prepared and distributed to nine firms. Five firms responded to the RFP. The Library Director and City Recorder assisted me in rating and ranking those proposals. Firms were ranked on, among other criteria, experience, recruitment approach, capacity to provide services, and responsiveness to the RFP. Based on that evaluation, representatives of the two firms that appeared to best meet the City's needs were invited to interview. Interviews were held in mid-September and early October. Reference checks were conducted immediately thereafter. Cost factored marginally in the preliminary evaluation, but was not used as a selection criterion. DISCUSSION: The five firms responding to the RFP were: Avery and Associates Bob Murray and Associates Oldani-Waters Consulting Group Prothman Group Waldron and Associates Agenda Item Review: City Administrato _ City Attorney _ Finance 96 11 ,.. Honorable Mayor and City Council October 24, 2005 Page 2 . . Of those, Murray and Associates and Prothman Group were invited to interview with the City Recorder and me. Both firms made strong showings in the interview process. They each have significant experience conducting local government recruitments, will tailor their approach to clients' needs, and have sufficient size and staffing resources to complete the recruitment in a timely manner. Both have conducted hundreds of recruitments, including community development directors in Oregon. The Prothman Group, however, fared more favorably in the reference check process. Although cost was not considered as a selection criterion, it happens that Prothman Group's proposal for services was $4,000 less than Murray's. Prothman's related expenses were estimated at half of Murray's. Prothman will work with City staff, Council and Planning Commission members, and others to validate desirable characteristics in a qualified candidate; develop recruitment materials; market the position by advertising in a general and focused locations and through personal and network contacts; conduct qualifications screening and preliminary interviews; recommend finalists to me for a hiring decision; complete background checks; and assist me as needed in negotiating an employment contract. Prothman will provide these services for $14,500. Related expenses are estimated from $2,000 -$4,000. The recruitment can be completed in approximately three months. With your approval, a services agreement will be executed with Prothman Group. Prothman has, through the proposal process, already indicated that the City's form of agreement is acceptable. Prothman will then commence this engagement immediately. Pursuant to Public Contracting Law, each firm submitting a proposal was provided a copy of a Notice of Intent to Award Contract on October 17, 2005, related to this selection process. As of this writing, no protests were received. Based on recent communications with these firms, it is unlikely that any protests will be received. FINANCIAL IMPACT: As indicated, $25,000 has been budgeted to cover the costs the cost of executive search services, and related recruitment costs. 97 II ~ WOOD~URN '.'D"ar.re4 ~a', 11B ~~ . . October 18, 2005 FROM: Honorable Ma~~n~ty Council through City Administrator David TOrges&;:"~s';i'~nt City Engineer, through Director of PUbIiC~ Works TO: SUBJECT: Acceptance of Public Utility and Storm Drain Easement RECOMMENDATION: Accept the Public Utility and Storm Drain Easement granted by Lawrence J. and Sharon A. Johnston. BACKGROUND: The City intends to undertake construction of a new storm drain that crosses Front Street, the Union Pacific Railroad, and Ogle Street. A new outfall structure will be constructed immediately east of Ogle Street, on property owned by Johnston. The work also will include modifications to an existing sanitary sewer that parallels Ogle, a few feet east of the end of the storm drain. DISCUSSION: The easement is a parcel measuring 50 feet parallel and 25 feet perpendicular to Ogle Street. It provides permanent access for maintenance of storm drain and sanitary sewer lines. FINANCIAL IMPACT: There is no financial impact with the recommended action AnACHMENTS A copy of the properly signed easement document is attached. Agenda Item Review: City Administrato City Attorney _ Finance 98 m PUBLIC UTILITY AND STORM DRAIN EASEMENT KNOW ALL MEN BY THESE PRESENTS, that Lawrence J. Johnston and Sharon A. Johnston. husband and wife, for the consideration of One Dollar ($1.00) and other valuable considerations to them paid. the receipt whereof hereby is acknowledged, hereby do forever grant unto the CITY OF WOODBURN, a Municipal Corporation of Marion County, Oregon referred to herein as the CITY, a permanent right-of-way and easement over a portion a parcel of land situated in the Southeast % of the Northwest 1/4 , Section 18, Township 5 South, Range 1 West, Willamette Meridian whose deed is recorded in Reel 2021 , Page 442, Records of Marion County, Oregon, said easement more particularly described as follows: Beginning at a point that is the southeast corner of aforementioned parcel, said point being located North 410 15' East 223 feet from the intersection of the north line of Stark Street with the east line of Ogle Street; thence North 410 15' East along the east right-of-way of Ogle Street 60.0 feet, more or less, to the real point of beginning; thence continuing along said right- of-way North 410 15' East 50.0 feet to a point; thence South 48045' East 25.0 feet to a point; thence South 410 15' West 50.0 feet to a point; thence North 480 45' West 25.0 feet, returning to the real point of beginning, said easement containing 0.0287 acres, more or less. with the right, privilege and authority, to said City, to construct, maintain, replace, reconstruct, remove, and add to, utility pipeline or pipelines, drainage pipes, channels, or ditches, with all appurtenances incident thereto or necessary therewith, in, under and across the said premises, and to cut and remove from said right-of-way any trees and other obstructions which may endanger the safety or interfere with the use of said pipelines, or appurtenances attached or connected therewith; and the right of ingress and egress to and over said above described premises at any and all times for the purpose of doing anything necessary or useful or convenient for the enjoyment of the easement hereby granted. THE CITY SHALL, upon each and every occasion that such utility or stonn drain facility is constructed, maintained, replaced, reconstructed or removed, or added to, restore the premises of the Grantors, and any improvement disturbed by the City, to as good condition as they were in prior to any such installation or work, but if not practicable, then pay to Grantors reasonable compensation. THE GRANTORS, heirs and assigns, reserve the right to use the premises for landscaping, planting, and related purposes, and all utility and stonn drain facilities, when constructed underground, shall be at a depth consistent with these purposes. EXCEPTION: No structure shall be placed within the easement, or within 450 projection upward from the bottom of any utility or storm drain pipe that may be constructed in the easement. Accepted by the Woodburn City Council on , 2005 :::rf)ttM1c A~ Sharon A. Johns n Mary Tennant, City Recorder City of Woodburn, Oregon 99 ..... .,... STATE OF OREGON ) ) SS COUNTY OF MARION ) On this the /1 tb day of -B~ <-\.S-I- 2005, before me a Notary Public in and for the County and State personally appeared. Lctu) (~ f\ ~ e.. 3, -+- SA o.f 0 h IJ, -Su/, n d-D n known to me to be the same person(s) whose name(s) is(are) subscribed to the within instrument and acknowledged that they voluntarily executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Before me: NO~L~'I~~ My Commission Expires: / -/3 - ;J..oo 8 .. _ U,:F'CIAL SEAL MARY E TENNANT ; - } NOTARY PuBLIC - OREGON -'" ..... COMMISSION NO. 376284 ~l'i\l~""lc.~I~"O:?IRESJAN 13.2008 100 " T ~ W~N I.,.".,.,.J "" 111 A~'~ . . October 19, 2005 TO: Mayor and City Council through City Administrator FROM: ~ta Man, Executive Assis-. through Chief of Police 'lI SUBJECT: FY 2004 Local Law Enforcement Block Grant Funds RECOMMENDATION: Approve the acceptance ofLLEBG funds in the amount of $2,948.00. BACKGROUND: For the Federal Fiscal Year 2004, Congress has appropriated $115 million for the continuation of the Local Law Enforcement Block Grant Program.. This represents a decrease of $145 million from the year 2003. As was the case for the past two years, some jurisdictions will not receive grant funds directly from the Bureau of Justice Administration but are instead eligible to apply for funds through the Oregon Office of Homeland Security. Woodburn is one such jurisdiction, and has applied for and been awarded funding in the amount of $2,948.00, contingent upon matching local funds of $328.00. DISCUSSION: The Police Department currently has six AR-15 patrol rifles, two of which are personally assigned to officers on the Marion County Interagency SWAT team.. The other four rifles are deployed daily, and sparsely, among patrol officers. In order to protect the public at a critical incident, it is necessary to set up a perimeter and secure the scene until a special response team can arrive. The current complement of rifles is inadequate to ensure that the on-duty officer who might respond to the scene where a perimeter would need to be set up and maintained is sufficiently outfitted. This LLEBG grant funding will be used to purchase three additional AR-15 rifles with accessories to equip all on-duty officers who may need to respond to a critical incident and thereby meet the growing needs of our agency. FINANCIAL IMPACT: The budget for this project calls for $3,464.50 to purchase three additional AR-15 patrol rifles and the necessary gear for their use. LLEBG funds will cover $2,948.00 of the total amount, requiring a match of $516.50. Match funds will come from the Police Department's current budget for operating supplies. We request that fund&- be addressed in the next supplemental budget and, upon approval, be directed to the proper account for expenditure. Agenda Item Review: City Administrato _ City Attorney Finane 101 ~ ~~ W~N I.,.".,.,.J I'" llJ ~~ . . October 20, 2005 TO: SUBJECT: Mayor and City Council through City Administrator Scott D. Russell. Chief of Police ~ Uquor Ucense New Ouflet FROM: RECOMMENDAnON: The Woodburn City Council recommend to the OlCC approval of a New Outlet application for Neuvo Arandas. BACKGROUNQ: Applicant: Nuevo Arandas 450 N. First St. Woodburn, OR 97071 Owner(s): Antonio Sevilla 1560 Newberg Hwy. #9 Woodburn, OR 97071 Cecilia Murakawa 1560 Newberg Hwy. # 9 License Type: Limted On-Premise Sales - Allows for the sale of malt beverages and wine for consumption on the licensed premises. On October 6, 2005 the Woodburn Pollee Department 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. Agenda Item Review: City Adminlstrato City Attorney Finane 102 ..... ..... Mayor and City Council October 20, 2005 Page 2 . . During the last 12 months the Pollee Department handled 4 Incidents at la Palapa. One was a disturbance that Involved a patron that was drinking at the premise and an employee; however, no charges were flied in the matter. There were no reported liquor law violations by the business. The applicants state that they Intend to run a family restaurant open 9AM to 9PM, open six days a week. closed on Tuesdays. The will have lottery machines and may add pool tables and DJ music for private parties In the future. The owner has entered into a compliance plan with the pollee department to reduce the possibility of criminal conduct on the premises. The pollee deportment has received no communication from the public or surrounding businesses in support of or against the application. QJSCUSSION: In August 2005 the police department recommended a denial of an application for this business due lack of provided Information. We have now received sufficient Information to complete an investigation on the business, and have completed a limited background Investigation on the applicant business and found nothing of a questionable nature. An in-depth Investigation was completed on the owners and no offenses that would preclude a license being issued or items of a questionable nature were located. Under the criteria identified by the OlCC and adopted by the City Council I find no reason not to recommend that council recommend to OlCC approval of the application. FINANCIAL IMPACT: None 103 "' ,.. / 8 / ~ ~ \"\"b":) 'b eret?ll~. ~ i~OOE:" V FOR CITY AND COUNTY USE ONLY The city council or county commission: CTIONS Change Ownership ... New Outlet o Greater Privilege o Additional Privilege o Other (name of city or county) recommends that this license be: Granted a Denied 0 By: (signature) Name: (date) ,. Title: OlCC US~ ?1i~l"'" L j . Application Rec'~:~ Date:7/Zdfh -pa~LL. gO-day authority: 0 Yes 0 NO~'VI/ II o Limited a Corporation Partnership Q Limited Liability Company 1. APflicart(s): [See SECTION 1 of the Guide] CD ~ Ol\fQ Se \J \ ,\C\ @ @ c.~"\;' c.... ,All \J <' 0.. K a..\iV;... . @ 2. Trade Na~e (dba):---f'J\J..f.\Jc> 1\t.P\-~Pr"S- 3. Business location: i1so }JJ~~-\~(;..Jooclbl~f\ (number, street, rural route) (city) 4. Business Mailing Address: /,;f,f;Q JJ.1 ~.( s\ .J. . (PO box, number, street, rural route) 5. Busihess Numbers: 50~ - qlL- '-1 L~ (phone) 6. Is the business at this location currently licensed by OlCC? aYes )iNo }J.. 0. 0 O"l (county) Ole-~ 0 ('\, (state) o(L (state) Q7071 (ZIP code) qTo~1 . (ZIP code) W f1tlIU).)~ (city) (fax) l~ II Type of ~icense: ~~ ~~ ~(\O~., . 9. Will you have a manager? "!Yes DNa Name: !) . (man \~ust fill o~n Individual history fonn) 10. What is the local governing .body where your business is located? l 'o~<<;\b\ ..I R Y\ . . \ J ........... (name of clty)lLcounty) 11. Contact person for this application: :r. '5 {.t A- e" L- '1 ~ () e =I-: f?O J - Cf ~ ( - CG 7 ~ (name) . (phone umber(s) . ,6t eJ 50 4fiiy-a::n'Z..! .i"'~+ (address) (fax number) (e-mail address) I und.erstand t~at if my answers are not true and complete, the OlCe may deft 8' 6ee>1 svP~"n, Apphcant(s Slgnature(s) and Date:. OAEGONUOUORCONTROLCOMMISION " CD . Y Date ~ Datel);+/11/0;- -~ ~ Jt; _ /, JUL ~ 1 2005 ' ~@ ~J2/.,./Lk../L e/!!~__U(r1{z.v....<~Date @ DateO~flq/~ /" (. 1-800-452-0LCC (6522) SALEM REGIONAL DFFICE www.o/cc.state.or.us 104 ~' ,.. .-..;: , -. . 1'111... WOODBURN l"ccr"crattJ 1889 ~ ~llK . . October 20, 2005 FROM: Honorable Mayor and City Council John C. Brown, City Administrator~ TO: SUBJECT: Request to Upgrade Building Inspector/Plans Examiner II Position RECOMMENDA liON: It is recommended the City Council authorize an upgrade of the Building Inspector/Plans Examiner \I to a Building Inspector/Plans Examiner III, effective November 1, 2005. BACKGROUND: In June 2005, the Building Inspector/Plans Examiner II was certified to inspect commercial, industrial, and multi-family structures in addition to single-family homes. This certification provides more flexibility in work assignments, relieves the Building Official from some of the responsibility of these duties, and makes more time available for him to address other work demands and manage the Building Division. Individuals possessing these certifications typically function at the Building Inspector/Plans Examiner III level, and receive commensurate compensation. The City, however, does not have such a classification. To address this, and pursuant to the City's Personnel and Classification system, the Building Official submitted a request for a position review and upgrade. DISCUSSION: The City's salary classification committee met to consider the Building Official's request. After lengthy review of, and deliberation on, the job requirements the committee recommended an upgrade to a Building Inspector/Plans Examiner III position at Range 18 of the AFSCME Salary schedule. This position will be covered under the AFSCME agreement. Range 18 of the salary schedule is 10% higher than the Building Inspector /Plans Examiner II position. The City's Personnel Policies and Procedures Manual provides that employees who are found to be working out of class may receive a compensation Agenda Item Review: City Administrat~City Attomeyt1.1 Finance& 105 11' Honorable Mayor and City Council October 24, 2005 Page 2 . . adjustment of five percent (5%) of base wage. Based on the Classification Committee's recommendation, the incumbent in this position is entitled to, and was given an out-of-c1ass adjustment, effective July 1, 2005. Pursuant to the Personnel Policies and Procedures Manual, employees reclassified to a higher position are to receive at least a 5% pay increase. With your approval, the incumbent will move from the "E" step of the Building Inspector/Plans Examiner \I classification to. the "D" step of the Building Inspector/Plans Examiner III classification, effective November 1, 2005. This will provide for a 5% increase, and replace, rather than augment, the working out of class adjustment. FINANCIAL IMP ACT: The additional cost for this position upgrade Is approximately $4,131 annually. Adequate funds are available in the Building Division budget to cover this cost. 106 1'1 r-" ~.. '.' '~~..~~...'.'......J. . WOODBURN 1~(Qrpo(~ttd 1889 13A A~'~ . . October 24, 2005 TO: Honorable Mayor and City Council through City Administrator FROM: Naomi Zwerdling, Interim Director of Community Development ,J,'z" SUBJECT: Planning Commission's Approval of Subdivision 04-02 RECOMMENDATION: No action is recommended. This item is placed before the City Council for information purposes in compliance with the Woodburn Development Ordinance. The City Council may call up this item for review if it desires. BACKGROUND: On October 13, 2005, the Planning Commission adopted a final order approving Subdivision 04-02 to subdivide the subject property (approximately 16.88 acres) into 64 single family dwelling lots and one common property tract for Phase 4 of the Montebello Subdivision. The subject site is located east of Interstate 5, west of Harvard Drive, south of Evergreen Road and north of the southern city limit. It is further identified on Marion County Assessor Maps as part of Township 5 South, Range 2 West, Section 14, Tax Lot #s:1700 and 1800. The subject site consist of lots #3 and #4 of the Town Center at Woodburn Subdivision. The subject site is zoned "Single Family Residential" (RS), designated on the Woodburn Comprehensive Plan Map as Residential Less Than 12 Units Per Acre, and is vacant. The property to the north of the subject site (across Hooper Street) is zoned "Medium Density Residential" (RM), designated Residential Greater Than 12 Units Per Acre on the Woodburn Comprehensive Plan Map and is vacant. The property located to the west of the subject site is zoned "Commercial General" (CG), is designated as Commercial on the Woodburn Comprehensive Plan Map and is vacant. The properties to the east of the subject site are located outside of the city limits but within the Urban Growth Boundary (UGB). The properties to the east are zoned Marion County "Urban Transition Farm" (UTF), designated on the Woodburn Comprehensive Plan Map as Residential Less Than 12 Units Per Acre, and are the location of single family residential dwellings. The property located to the south of the subject site is located outside of the city limits and the UGB. The property to the south is zoned Marion County "Exclusive Farm Use" (EFU) a is vacant. Agenda Item Review: City Administrato City Attorney Finane 107 m r Honorable Mayor and City Council October 24,2005 Page 2 . . On December 12, 2002, the Planning Commission approved the subdivision of 103 acres (Town Center at Woodburn Subdivision) into 14 lots that range in size from 1.80 to 20.01 acres (Subdivision Case File No. 2002-02). The applicant is currently trying to subdivide lots #3 and #4 of the Town Center at Woodburn Subdivision into 64 single family residential lots as part of this subdivision application request. The Applicant and the Property Owner is Capital Development Company. DISCUSSION: None. FINANCIAL IMPACT: There is no financial impact associated with the recommended action. 108 '" ,.. ~ WOODBURN lnrlJrJlOraltdl8S9 13B ~~ . . October 24, 2005 TO: Honorable Mayor and City Council through City Administrator FROM: Naomi Zwerdling, Interim Director of Community Development N"z, SUBJECT: Planning Commission's Approval of Design Review 05-06 and Phasing Plan 05-01 RECOMMENDATION: No action is recommended. This item is placed before the City Council for information purposes in compliance with the Woodburn Development Ordinance. The City Council may call up this item for review if it desires. BACKGROUND: On October 13, 2005, the Planning Commission adopted a final order approving Design Review 05-06 and Phasing Plan 05-01 to allow for the phased development of a 5,029 square foot financial institution and 8,000 square foot office building at and adjacent to 1840 Newberg Highway in the Commercial Office (CO) zone. The subject site is approximately 1.46 acres in area and contains three separate properties. The properties can be identified specifically on Marion County Assessor Map T5S, R2W, Section 12DA, Tax Lot #s 3500, 3600 and 3700. Tax lot # 3500 is developed with a single-family residence and tax lot #s 3600 and 3700 are currently vacant. The applicant is proposing the phased construction of two office buildings. Phase I will be developed on a commercial flag lot and will feature an 8,000 square foot office building. Phase II will be developed abutting Newberg Highway and will feature a 5,029 square foot financial institution. The total building area will be 13,029 square feet once Phases I and II are complete. The subject properties are zoned Commercial Office (CO) and designated Commercial on the Comprehensive Plan Map. The properties to the north (across Newberg Highway) are zoned Single-Family Retirement Community Residential (R1 S) and designated Residential Less Than 12 Units Per Acre on the Comprehensive Plan Map. Properties located to the south and southwest are zoned Single-Family Residential (RS) and designated Residential Less Than 12 Units per Acre on the Comprehensive Plan Map. The properties to the east and Agenda Item Review: City Administrat City Attorney Finane 109 Honorable Mayor and City Council October 24, 2005 Page 2 . . west are zoned Public and Semi-Public (P /SP) and Medium Density Residential (RM) and designated Public Use and Commercial on the Comprehensive Plan Map. The properties to the north (across Newberg Highway) are currently built- out with single-family dwellings and the properties to the south are currently being developed with single-family residential units as part of the Mendenhall Estates Subdivision. The residential property to the southwest is the location of the Woodburn United Methodist Church. The properties to the east and west are currently developed as the Woodburn Fire District Main Office and the Colonial Gardens Retirement Community. On April 14, 2004, the Woodburn City Council approved Ordinance No. 2361 granting a zone change from RS to CO on the site to facilitate future commercial office development on the subject properties. The applicant is Ronald Jams Ped, Architect P .C. The property owner is Byron Hendricks DISCUSSION: None. FINANCIAL IMPACT: There is no financial impact associated with the recommended action. 110 1'1 OR 99E: Aurora to Salem Pavement and Safety Improvements Please attend and review the early design concepts for safety and pavement improvements to OR 99E (from 2nd Street in Aurora, through Woodburn to Ward Drive in Salem) Much ofthe pavement along OR 99E in the project area (see above) is in fair to poor condition. One focus ofthis project is to return the pavement to good or better condition, which will extend the life of the roadway and protect the public investment. Pavement preservation includes maintenance, rehabilitation, and reconstruction with new pavement where necessary. The other focus ofthe project is safety. Pedestrian safety improvements will be made between Mt. Jefferson and James Streets in Woodburn. Improvements are also being planned in Woodburn at the intersection of OR 99E and Young Street. The changes will improve the tight turns for trucks and increase safety for left-turning vehicles at the intersection. This project combines three smaller projects into one larger effort to minimize construction impact to area residents and businesses. Please join us to learn more and comment on these concepts. Public Open House Mondav Nov. 14.2005 Drop by anytime between 5:00 p.m. - 8:00 p.m. Hoodview Church of God 1530 Mt Hood Ave Woodburn, OR For more info, contact Kristen Kibler, Public Outreach Coordinator, at JLA (503) 235-5881 or kkibler@jlainvolve.com , ~ !;!JB ~~ ~s: ~i ~ r- m iI: en 5 ::D d z ::D P z - - ~o m:D :DU) enU) mm o ::!!f ~~ -c: i:z -aG) :Den ~-I m:D i:m mm z-l -I - I~ .. I .1S SElIIYf' II \ I ~\ I~ i: -I 0 "a~ mm :u C'TI m G') m'TI 0 enm z -I:D ~U) :Den aU) ~m -0 ~:I> ~z ;C ~:D en~ .0 :~ II :J>m 'TIZ I me: ~ ~m r- m id I: "a~ :D:J> ~i: mm Ii I: en men z-l ... -I:D ~ m ~ a3 ~ II Ii . II Creek Greenway Master Plan October 2005 . ...~. I WOODBV~N Incorporated 1889 M. " . .. ~ TABLE OF CONTENTS MILL CREEK GREENWAY MASTER PLAN DRAFT , Executive Summary Background & Context Related Plans Community Profile Greenway Task Force Community Survey Resource Inventory Charette/workshop System-wide Recommendations Plamring Units Plan Details Project Funding Capital Improvements Appendix Page 2 Page 5 Page 6 Page 9 14 Page 20 Page 16 18 Page 7 Page 8 Page 3 Page Page MILL CREEK GREENWAY MASTER PLAN DRAFT - OCTOBER 20, 2005 GREENWAY TASK FORCE PAGE 2 , The backbone trail is multipurpose that will be designed for bicycles, walkers and light maintenance vehicles. The same type of trail also extends along the Goose Creek and Southwest Tributaries. Primitive pathway systems that support natural trails are proposed for the Hermanson Pond area, Legion Park and Woodburn High School. The Legion Park section is the site of significant paleoarchaeological discoveries. This area has opportunities for unique environmental interpretation of natural history. MILL CREEK GREENWAY MASTER PLAN Draft - October 20, 2005 Greenway Task Force The City's 1999 Parks and Recreation Comprehensive Plan Update outlines policies regarding the Mill Creek Greenway. These policies state that the City will manage the Mill Creek corridor as a public greenway and pathway that includes open space cycling and walking, nature study and recreation. The Update further sets as City policy that the City will acquire privately owned segments to provide for a continuous, publicly owned greenway and path system. Executive Summary 1. This plan is intended to provide a basic roadmap to accomplish the policies prescribed in the Parks and Recreation Comprehensive Plan. Background & Context 2. In 2003, the National Park Service's (NPS) Rivers, Trails & Conservation (RTCA) agreed to provide staff assistance to help draft a master plan for the Mill Creek corridor and tributaries. Ten letters of support from local organizations and individuals supported the City's application for technical assistance. In 1946 the foundation for the Woodburn Recreation and Parks Department was established when a partnership that included local churches, civic organizations and the City established the Recreation and Parks Board to oversee the management of the City's first park, Settlemier Park. The City's park system continued to grow as a group of concerned citizens helped to purchase property and set aside Legion Park as a public park. From the time it was established, the Recreation and Parks Department has enjoyed significant public support. This support was demonstrated early in the Department's history To assist City and NPS staff with the project, Mayor Kathy Figley appointed a 15-member Task Force to provide a public forum for the effort. The Task Force assisted with gathering base data, a resource inventory, conducted workshops and a public survey, reviewed work product and advised staff and Recreation and Parks Board on Greenway related topics. 4 The centerpiece of the Mill Creek Master Plan is a backbone trail that runs the length of the City from the south near Hermanson Pond to the north near the Tukwila Golf Course. MILL CREEK GREENWAY MASTER PLAN DRAFT - OCTOBER 20, 2005 GREENWAY TASK FORCE PAGE 3 , 3. Related Plans 1999 Parks and Recreation Comprehensive Plan Update In 1999, the Woodburn City Council updated the City's Parks and Recreation Comprehensive Plan. This plan identifies the existing floodplain along Mill Creek and Goose Creek for greenways to be preserved as a natural greenway and transportation corridor. The Plan sets forth two policies that guide the acquisition, development and management of the Mill Creek Greenway Master Plan. These policies include: Policy 5 "It is the policy of the City to manage Mill Creek, Goose Creek and Senecal Creek corridors as public greenways and pathways; multiple functions will include open space and habitat preservation, flood control, cycling and walking on all- weather pathways, nature recreation and education and limited playground activities where there IS a deficiency of neighborhood parks." Policy 6 "To provide for a continuous public greenway and pathway system, it is the policy of the City to acquire privately-owned segments along Mill Creek, Goose Creek and Senecal Creek, and other stream corridors including the west tributary from Settlemier Park to Parr Road. It is the policy of the City to seek dedication of floodplains and creek corridors for natural areas, neighborhood recreation areas, open space and transportation. " when the voters approved a special tax to support recreation programs and park facilities and approval of a bond election to construct the City's outdoor pool at Settlemier Park. In 1993 following the "Spring Break Quake", the voters again approved a measure to construct the Woodburn Memorial Aquatic Center. This facility replaced the pool damaged by the earthquake. In 2004, Woodburn's park and recreation facilities include more than 125 acres and 10 parks. Park facilities include sports fields, picnic grounds, playgrounds, historic areas, concert grounds, landscaped grounds, community buildings, open space, natural areas, greenways and the Woodburn Memorial Aquatic Center. Beginning in the 1960's the City began acquiring and setting aside property along Mill Creek to form a vision for the Mill Creek Greenway. The main stem of the Mill Creek corridor flows from the southern to the northern City limits. It flows primarily through residential neighborhoods between Hwy. 99E and the Union Pacific mainline to Legion Park where it flows under Hwy. 214, the UP mainline and Front Street. From Woodburn High School, the stream flows to the northern City limits parallel to Front Street. Significant tributaries include the southwest tributary that flows from its headwaters near Centennial Park through Settlemier Park, meeting the main stem of Mill Creek near Cleveland Street. Goose Creek flows from the French Prairie MiddlelLincoln Elementary School campus east and meets the Mill Creek's main stem at Woodburn High School. ] MILL CREEK GREENWAY MASTER PLAN DRAFT - OCTOBER 20, 2005 GREENWAY TASK FORCE PAGE 4 connect with the trail system within the park that links park features such as picnic areas, Richard Jennings Skate Park, ball field, Woodburn Memorial Aquatic Center and the playground. The City's Transportation System Plan (TSP) includes a comprehensive analysis of non-motorized transportation routes in Woodburn. This plan inventories all current and outlines proposed bicycle and non-motorized transportation routes in Woodburn. In addition to the 1999 Parks and Recreation Comprehensive Plan Update, the TSP calls for utilization of the Mill Creek corridor and tributaries for non-motorized transportation. In January 2003, the Oregon Parks and Recreation Department adopted the 2003-07 Statewide Comprehensive Outdoor Recreation Plan (SCORP). The SCORP establishes a framework for statewide outdoor recreation planning and provides a guide for the administration of grant funding including the Land and Water Conservation Fund, Local Government Grant Program and Recreation Trails Program. Additionally, the SCORP provides guidance to federal, state and local government as well as the private sector in delivering quality and integrated outdoor recreation opportunities to Oregonians and out-of-state visitors. rehensive Outdoor Recreation Plan State Com Legion Park Summer of 2005, the Recreation and Parks Board completed the Draft Legion Park Master Plan. This Plan notes the significance of the Mill Creek corridor as it forms the Park's western boundary. The Master Plan calls for trails and interpretive facilities that connect creek side trails to core facilities within Legion Park. The Plan also notes the significance of the paleoarchaeological exploration within the Mill Creek corridor and calls for a thematic playground and an interpretive center. The Plan sets as a goal providing "quality trail facilities and opportunities, including inter-connective opportunities where Settlemier Park Summer of 2003, the Recreation and Parks Board completed the Draft Settlemier Park Master Plan. Within Settlemier Park, the southwestern tributary to Mill Creek has been placed within a culvert. The Master Plan proposes a pathway along the creek route associated with storm water swales. This path will ~ stem Plan Trans Facility Types & Standards The 1999 Parks and Recreation Comprehensive Plan Update also defines Facility Types and Standards. Use and Characteristics for the Greenways/Open Space, Trails/Pathways are stated as follows: "Linear park or natural open space areas which may include limited recreation facilities such a trails, all weather pathways or boardwalks, small playgrounds, etc.; may use streams, floodplains, or other natural features to connect parks and open space areas to form a contiguous system. May also include undeveloped park properties planned for future development as neighborhood parks, municipal parks or other parks and recreation facilities." Park Master Plans Recommended Inteeration This Mill Creek Greenway Master Plan proposes specific improvements, acquisitions and management practices for the resource. Several complementary documents as outlined previously, provide more general direction regarding the development and use of the Greenway, the flow of non- motorized and motorized traffic and specific development of park facilities (specifically community parks). This plan seeks to hannoniously integrate trails within the comprehensive systems proposed in these plans and recommends changes to those plans that will improve the management and usability of the resource for the multiple purposes outlined in each plan. Community Profile 4. hic Location Woodburn is located in Marion County within the north Willamette Valley 17 miles north of Salem and 30 miles south of Portland. The City's topography is relatively flat, making it an ideal place for bicycling and walking. Population Woodburn's population is growing. The U.S. Census Bureau reports that the City experienced a 14.4 percent growth rate in the 1990's. This growth has continued into the new decade. From 2000 to July 1, 2003, the City's population has increased from 20,100 to 21,747 or nearly 8.2 percent in less than three years. The official estimate for residential population in the Geoera MILL CREEK GREENWAY MASTER PLAN DRAFT - OCTOBER 20, 2005 GREENWAY TASK FORCE PAGE 5 appropriate, to satisfy a growing number of diverse trail users throughout the state." Furthermore, the plan identified walking as the number one preferred recreational activity by Oregonians. Marion County Transportation Plan The Marion County Transportation Plan includes a trail route along Mill Creek that would connect Woodburn with the City of Gervais to the south and Hubbard and Aurora to the north. This trail would continue Woodburn's Mill Creek Greenway system to the Pudding River, just north of Aurora. Ice Aee Floods Geoloeic Trail In July of 2001, the National Park Service completed a plan that proposes a geological motor route that interprets cataclysmic events at the end of the last glacial period that inundated the Willamette Valley under hundreds of feet of water. This plan proposes a series of interpretive facilities extending from western Montana and the Idaho Panhandle, through the eastern Washington Scablands to the Columbia River Gorge to the Pacific Ocean. The motor route would include routes in the Willamette Valley. In fact, one motor route uses Hwy. 214 that crosses Mill Creek near Legion Park. The Plan directs the National Park Service to work with local communities to locate an interpretive facility in the Willamette Valley. Many experts in the scientific community have suggested that Woodburn and specifically Legion Park, would be an ideal location for such a center. . I MILL CREEK GREENWAY MASTER PLAN DRAFT - OCTOBER 20, 2005 GREENWAY TASK FORCE PAGE 6 . have a lower cities all The seven among 80 cities compared. population less than 4,000. rate of 3.7 percent is 34,919 or a projected growth year 2020 per year. stem The City provides a well-rounded park system that includes a variety of parks. Located within or near the greenway are three community parks and a historic railroad park. Five parks are entirely located within the greenway. Park S includes three the Woodburn park system mini-parks, and Additionally, the City's neighborhood parks, five Memorial Aquatic Center. Woodburn's population is ethnically diverse. The 2000 U.S. Census estimated that 50.1 percent of Woodburn's residents are Hispanic, making Woodburn the largest city in Oregon with a non-white majority. This compares to 20 percent within Marion County and nine percent statewide. Additionally, about 15 percent of Woodburn's residents are of Russian heritage. Demol!rauhics Recreation Prol!rams The Woodburn Parks and Recreation Department offers a variety of recreation programs and leisure services. This includes aquatics, youth and adult sports, after school programs for grades K - 12, arts & crafts, performing arts, family development and fitness. Woodburn's population is diverse by age. Thirty four percent of Woodburn residents are under age nineteen (statewide average is 25%) and 17 percent are over 65 (statewide average is 12.8%) - giving Woodburn a "leisure class" majority. These two age groups have significant implications for planning recreation facilities since they typically have more leisure time than other age groups. Greenway Task Force Winter of 2004, Mayor Kathy Figley established the Greenway Task Force to assist with drafting the Greenway Master Plan. 5. Economic Woodburn's economy includes a variety of businesses and employers. The primary employers include retailing, food processing, manufactured house construction and agriculture crop production. ~ Member/orl!anizations The Task Force includes . Randy Westrick - Recreation and Parks Director The Oregon Department of Revenue reports that in 2003, the City's Average Adjusted Gross income was $31,335. This is 76 percent of the State average and ranks Woodburn 73rd MILL CREEK GREENWAY MASTER PLAN DRAFT - OCTOBER 20, 2005 GREENWAY TASK FORCE PAGE 7 Public utilities; Scientific study - biology, paleoarchaeological Natural resources stewardship; Art & culture; Private property protection; and Storm water management. . . . . . . Assistance Award for 2004-05 The City's application to the National Park Service also outlined goals for the plan. These goals are mirrored in those listed above and also include: . Establishing a detailed map that identifies trail routes; . Descriptions of types and levels of trail and recreation facility development; Inventory and analysis of greenway resources; Public outreach and involvement; NPS Technical Alexandra Stone - National Park Service Dan Hoynacki - OSU Extension Richard Morris - Greenway Neighbor/Anthropologist Javier Meza-Perfecto - Community Relations Officer Cathy Heisen - Tukwila Ctr. for Health & Medicine Joan Garren - Greenway Neighbor Robin Straughan - Marion Soil & Water Conservation District Alison Stenger - Institute for Archaeological Studies Jeane Mey - Woodburn Resident Bruce Thomas - Woodburn Downtown Association Tim Dickerson - Boy Scout Christopher Pister - Boy Scout David Ellingson - Science Teacher, Woodburn High School . . . . . . . . . . . . . . . . Acquisition strategies; Funding strategies; Project phasing; and Acquisition and construction cost estimates. . . . Woodburn High Educator, Tom Lonergan - Physical School Jerry Simonsen, Realtor Task Force Issues . . from within Community Survey To gain input from the community, the Task Force conducted a survey. This survey was distributed to all Woodburn households through water bills, within the Recreation Reporter (WRPD's periodic activities program brochure) and was available on the City of Woodburn's web site. A total of 398 surveys were returned. The top rated activity preferences were 6. The Greenway Task Force established 13 issues discussion about establishing the trail system Woodburn's Mill Creek Greenway. These include: . Connectivity - Regional/local; . Recreation; . Public health/wellness; . Non-motorized transportation; . Fish & wildlife habitat; . Education - history, prehistory, science; ~ MILL CREEK GREENWAY MASTER PLAN DRAFT - OCTOBER 20, 2005 GREENWAY TASK FORCE PAGE 8 . System-wide Recommendations 9. walking, nature observation, general exercise, bicycling on paved surfaces, picnicking and pet walking. On March 27, 2004, the Task Force conducted a comprehensive tour of the corridor to develop a resource inventory. The Task Force walked almost the full length of the corridor (with permission of private property owners). A compilation of the Task Force's findings and observations is included in the Appendix. The trail system should be anchored by a backbone multi-use trail that extends along the creek's main stem from Hermanson Pond in the south to Hazelnut Drive in the north. This trail should be paved and 12 feet in width with white "fog lines" along the outside edges of the path. While 12 feet is ideal, some locations may not allow this standard. In cases where local conditions constrain this standard, the trail should not be less than eight feet in width. The trail should support walking and bicycling and be constructed to support light maintenance equipment such as pick up trucks or small tractors. Respondents listed as their top preferences for design elements restrooms, garbage cans, benches, posted regulations and water fountains. Resource Inventory 7. The trail should provide seamless integration to the City's existing roadside bicycle trails. Additionally, wherever possible, trailheads should be located at or near Woodburn Transit System bus stops. The trail system should be an integral part of local recreation, fitness and education programs. This includes use by Woodburn School District and Chemeketa Community College as an outdoor laboratory and preserving natural history and prehistoric resources for scientific exploration and enviromnental interpretation. The Greenway provides a unique opportunity to promote community health. To coordinate the facility with walking programs, trail distance markers should be delineated in "steps" as well as miles or feet so that walkers can gauge strides for step workouts. Charette/workshop On June 2, 2004, the Task Force conducted a design charette/workshop and invited the public to provide input on the plan. The event opened with a driving tour of the resource and proceeded to City Hall where approximately 25 participants worked through a series of brainstorming and break: out sessions. Attendees worked on specific planning units and provided input on the entire plan. 8. -4 MILL CREEK GREENWAY MASTER PLAN DRAFT - OCTOBER 20, 2005 GREENWAY TASKFoRCE PAGE 9 site of the discovery of Pleistocene is the scene of recent paleoarchaeological School is also the Mammoth bones and digs. A significant barrier to a continuous system exists in this unit where the creek corridor intersects with the Union Pacific mainline, Front Street and Hwy 214. The public has expressed a need for restrooms along the trail. The main stem trail and both tributaries are situated on or near Woodburn's three community parks; Centennial, Settlemier and Legion Parks all of which contain public restrooms. Therefore, access from the trail to the restrooms needs to be well-marked and convenient for trail users. The restrooms should also include bike racks. Significant security issues exist with the trail route and the new Police Headquarters at Hwy. 214. There are concerns that the trail could place Police personnel at risk by providing a public access to the rear portions of the building. land All phased development will be subject to the applicable use regulations in effect when development is proposed. These security issues can be mitigated through design concepts as proposed below. · Because of the precipitous slope between the creek bottom and the upper plane where the Police Headquarters will be located, the building will not be visible from the trail route. Accessing the building would be difficult because of the slope and security fencing that will be developed with the building. Therefore, the trail route should stay as close to bottom of the slope as possible and utilize a series of switch backs to provide access over the crest to connect the trail to the bike/pedestrian underpass on Hwy. 214. This design concept will provide maximum distance from the building and reduce sight lines. · To block sight lines where the trail crests the slope, the trail elevation should be no less than five feet lower than the elevation of the Police building. This will require excavation of soil along the narrow crest of the slope. of senes a Planning Units The project was divided into five planning units named North Mill Creek, Central Mill Creek, Southwest Tributary and Goose Creek. Below are descriptions of resources included within each unit. This unit extends from the north City limits south to Legion Park. From the City limits to Hazelnut Drive, the corridor includes a privately owned gravel trail constructed as a part of the Tukwila Golf Course and Ironwood housing development. This section of the corridor includes mixed deciduous with a few conifers on the banks surrounding the creek. A natural buffer also separates the trail from the golf course. Creek 10. North Mill 4 Woodburn High School borders the creek on the west between Hazelnut Drive and Hwy. 214. Creek side vegetation includes deciduous trees and grasses. The topography slopes gently from the bottom to the high school campus. Woodburn High MILL CREEK GREENW A V MASTER PLAN DRAFT - OCTOBER 20, 2005 GREENWAVTASKFoRCE PAGE 10 Central The Central planning unit extends south from Hwy. 214 to Young Street. Legion Park, on the east slope of the creek, dominates the northern extents of this unit. Legion Park also includes some significant resources. During the past five years, scientific digs have uncovered bones from a wide variety of Pleistocene species. The creek bed in Legion Park slopes precipitously up to a small forest. This slope offers vista points to the creek and surrounding landscape. To further reduce sight lines, it is recommended that spoils from the Police Headquarters construction be placed on City property between the proposed trail route and the building. This landscaping would further reduce sight lines between the trail route and the building. When the trail is constructed, Police Headquarters fencing should be supplemented to further deter access toward the building along the slope between the building and trail route. Fencing between the trail route and the UPRR right-of- way is needed to discourage pedestrian access to the trail route and the Police building via the tracks and Front Street. . . . A stand of mature Douglas fir trees lays upslope from the creek in Legion Park. This small forest is home to Red Tail Hawks and other raptors. Great Blue Herons are commonly observed along the creek in the Park. Early morning visitors to the park have also observed deer. Wyffle Park lies along Mill Creek between Hardcastle and Lincoln Streets. This park includes a small play area located within a thicket of Ash trees. The largest expanse of the greenway not in public ownership is located south of Lincoln and north of Young Street. This section of the greenway includes a gentle slope to the creek from surrounding properties. The wide-open landscape of grasses presents a "prairie-like" landscape within the surrounding residential neighborhood. Residential properties and a small fann dominate the western slope of this section. Conclusions and Recommendations for North Planning Unit . Work with the developers and homeowners' associations to make permanent public access along existing paths. · The Woodburn High School creek corridor has potential to be used as an outdoor laboratory for biology, ecology and paleontology. · Pathways in this section need to be multiple use paved pathways that connect to existing sidewalks to allow for safe passage through the UP mainlineIFront Street/Hwy 214 complex. · This portion of the corridor provides an opportunity for a safe route to school at Woodburn High School. · Conceptual design proposed is intended to provide passage from the creek corridor to Hwy. 214 sidewalks that ensures Police Headquarters security. . MILL CREEK GREENWAY MASTER PLAN DRAFT - OCTOBER 20,2005 GREENWA Y TASK FORCE PAGE 11 The South Planning Unit includes three undeveloped and partially developed parks and a pond. Hermanson Park I is a grassy flat park with a small playground informally named "Spider Park" by children in the surrounding neighborhood. The creek hugs the eastern border of this property. Residential neighborhoods surround most of Hermanson Park I. Negotiations are needed with neighboring property owners to provide public access and improvement easements or purchase of property. The Mid-valley Community Church has potential as a trailhead. City-owned property on Gatch Street has the potential to provide Greenway support facilities such as a restroom or trailhead. Historic interpretation opportunities exist in this unit regarding the old mill site. The Willamette Valley Railroad grade represents a significant barrier to a continuous off-road route. An alternate on-road route is proposed and needs to be improved until a tunnel can be constructed. This portion of the corridor provides an opportunity for a safe route to school at Washington Elementary School. all the property on The Mid-Valley Community Church owns the eastern slope. . from This portion of the creek is probably the site of the mill which the stream takes its name. . A significant barrier to a continuous system exists in this unit where the creek corridor intersects with the Willamette Valley Railroad line at Cleveland Street, near Brown Street. . . Conclusions and Recommendations for Central Planning Unit . . South system are Future improvements to the Front Street and UP mainline overpasses should include bicycle and pedestrian facilities that can provide a continuous, off road path. Legion Park is a key point in this unit and provides opportunities for vista points, trailheads, restrooms and interpretive facilities. Interpretative trails should provide information regarding paleontological exploration in the park and the natural environment. to the Hwy 214 bike/sidewalk Connections needed. . . . Hermanson Park II is a small flat grassy property with the creek on the west border. Residential neighborhoods surround most of Hermanson Park II. The abandoned City-owned wastewater treatment plant on the west bank could serve as a trailhead. Park facilities should be improved at Wyffle Park. A continuous multiple use/paved pathway should course through this section. The section of the corridor between Lincoln and Young Street has very little public ownership or access. . . . . MILL CREEK GREENWAY MASTER PLAN DRAFT - OCTOBER 20, 2005 GREENWAY TASK FORCE PAGE 12 This planning unit consists of a tributary that flows from the area around Centennial Park in the extreme southwestern extents of the City, through Settlemier Park to the main stem of the corridor near Cleveland and Brown Streets. This unit connects the greenway system with the downtown district and civic buildings such as City Hall and the Public Library. Hermanson Park III, Hermanson Pond and the greenway south of the Pond should be relatively undeveloped and managed primarily in a natural state. Two pathways should be built in Hermanson Park III on either side of the creek. This includes a more primitive walking only path on the east side of the creek and a multiple use/paved path on the west side. Pathways around and upstream from the Pond should be walking paths only. The Pond should be deepened, enlarged and a weir installed to support a fishery. The Pond should include a fishing pier and wildlife viewing station. The upstream Pond area could be developed into a nature trail that describes the wetlands habitat. A continuous multiple use/paved pathway should course through this section to Hermanson III but not beyond. . . . Hermanson Park III is the site of a recent wetlands mitigation project. The parcel is dominated in the center by a row of ash trees that follow an old fence line. These trees shade the stream through this portion of park. Residential neighborhoods almost completely surround Hennanson Park III. A homeowner's association operated tennis court borders the property on the east. The homeowner's association has also developed a paved access path to the greenway near Hermanson Pond. . . . Hermanson Pond and a surrounding natural area exist in the far southerly portion of the greenway. Hermanson Pond is about I Y2 acres and very shallow. It is home to resident and transitory waterfowl, nutria and other birds and small wildlife. Occasional Great Blue Herons are observed around the pond. Some warm water fish live in the pond. . Southwestern Tributa Hermanson Pond and the upstream habitat will be the site of a significant improvement project that will deepen and enlarge the pond, abate noxious grasses, and reintroduced native plants, trees and grasses to the landscape. Grasses surround the pond. Residential development lines the west boundary of this portion of the greenway and farmland exists on the east. Extending west from Brown Street toward the Union Pacific mainline and Front Street, the creek flows through a broad Conclusions and Recommendations for South Planning Unit . Hermanson Park I (north) has potential for development as a small neighborhood park. Improvements should include an upgraded playground, picnic facilities and a playfield. . Hermanson Park II has potential to be developed as a playfield. ~ MILL CREEK GREENWAY MASTER PLAN DRAFT - OCTOBER 20, 2005 GREENWAY TASK FORCE PAGE 13 Conclusions and Recommendations for the Southwest Tributary Planning Unit . Long range planning is needed to devise a strategy that will provide a continuous pathway along the creek at OglelUP mainlinelFront Street. An alternate pathway is needed along Cleveland that provides an enhanced safety crossing at ClevelandIUP mainlineIFront Street. Historic interpretation opportunities exist in Locomotive Park regarding the steam engine, SP1785. The pathway needs to link downtown destinations including the business district, civic buildings, WMAC, Settlemier Park and the Chemeketa Community College plain dotted with fruit trees. The creek is surrounded by residential development and a City corporate yard. . . The Union Pacific mainline presents a major impediment to a continuous pathway in this section of the greenway. However, alternate routes using Cleveland Street could route trail users toward Locomotive Park near the Front and Cleveland intersection. This park includes a restored steam locomotive. The convergence of Front, Cleveland, Ogle and the UP mainline could also be site of an enhanced safety crossing over the mainline. campus. Within Settlemier Park, the pathway needs to be linked to the internal park trail system including routes to WMAC, Richard Jennings Skate Park, Youth Activity Center, playground and picnic shelters. The detention pond planned for the flood control facilities on City property west of Settlemier Avenue should allow space for a multiple purpose trail. Near Centennial Park, the greenway passes through undeveloped farmland outside the City limits but inside the Urban Growth Boundary. The land use designation for this property is residential. As this property is annexed and developed, the City should seek dedications of property for a continuous multipurpose path. Connections are needed to Centennial Park, the Heritage ElementaryN alor Middle School campuses . . . . Just south of Front Street and the UP mainline is Settlemier Park. This park includes significant attractions for youth including the Woodburn Memorial Aquatic Center, Richard Jennings Skate Park, Youth Activity Center and a softball field, picnic areas and a playground. The creek flows through a pipe in Settlemier Park. The City's storm water management plan proposes development of a surface swale in the park to carry runoff from storms that exceed the capacity of the pipe. This project should be developed in a manner compatible with non- motorized transportation proposed in this plan and should not interfere with use of the park for passive recreation proposed in the park master plan. The corridor crosses Settlemier Avenue where it encounters a complex of public facilities. These facilities include a domestic water production well and a future flood control detention reservoir. . the corridor courses through it approaches Centennial Park. Beyond these facilities, undeveloped farm land until MILL CREEK GREENWAY MASTER PLAN DRAFT - OCTOBER 20, 2005 GREENWAY TASK FORCE PAGE 14 Plan Details 11. and the Evergreen Linear Park creating safe routes to school. Routes The routes for the backbone, tributary and nature trails are delineated on the maps enclosed in the plans. Because of the scale, these routes are more generally defined. Specific trail routes will be delineated as site plans are developed for constructing the trail system. Trail The trail route is bisected in a few locations with formidable barriers. However, adequate interim routes have been identified to provide a continuous pathway while solutions to the barriers are realized. The Goose Creek planning unit extends from Mill Creek's main stem at Woodburn High School, west to French Prairie Middle School. This unit consists of gently sloped grassland next to the WHS athletic complex, an office park and residential homes. A developer has constructed gravel trails, picnic tables and an exercise course on the stream extending from Boones Ferry Rd. east to the Tukwila Center for Health and Medicine. Next to the Medical Center is a large old Oregon white oak tree that deserves preservation and interpretation. Goose Creek At Cleveland Street near Brown, the trail route encounters a steep fill for the Willamette Valley Railroad. The plan proposes a tunnel under this grade. However, an interim route is proposed that will utilized a future bike path along Cleveland as well as B Street, C Street, D Street and Broadway. This route also could continue along Doud Street to provide a route to the Chemeketa Community College campus. Transition Nodes Transition nodes are areas along the route where the trail surroundings change or where multiple destinations are located. Two Transition Nodes are identified. Conclusions and Recommendations for Goose Creek Planning Unit . Work with the developers and homeowner's associations to make permanent public access along existing paths. . Maintain picnic facilities near the old oak tree. . Provide safe route to school connections between the French Prairie Middle/Lincoln Elementary School campuses to the W oodbum High School campus. . Provide on street walking and bicycle facilities that will connect the greenway system to Senior Estates Park. ~ Hermanson Park ill is cited as a transition node. Within this park, the route changes from the paved backbone path within MILL CREEK GREENWAY MASTER PLAN DRAFT - OCTOBER 20, 2005 GREENWAY TASK FORCE PAGElS Trail Heads - Trailheads are access points to the trail system. They include bulletin board structures that have a system map that shows "You are Here," trail rules, descriptions of points- of-interest, distance to various destinations and other pertinent information regarding the trail system. Other facilities included at trailheads are trashcans and benches. Trailheads are located within all parks through which the Greenway passes and where the pathway intersects streets with bike paths. Public transit system stops should be included at trailheads. 10 developed parks (Hermanson I & II) to more primitive nature where the landscape is dominated by natural habitat. Trail heads with parking are proposed for the Deer Run right- of-way near Hermanson Pond (3 parking stalls) and the old wastewater treatment plant on the west side of the creek near Legion Park. The second Transition Node is located where the pathway along Cleveland Street meets Locomotive Park, the Union Pacific Railroad line and Front Street. This area includes the landmark Southern Pacific RR 1788 steam engine on static display and serves as a "gateway" to the historic downtown Woodburn, Settlemier Park and the Woodburn Memorial Aquatic Center. This Transition Node has the opportunity to provide a safety enhanced pedestrian and bicycle crossing of the railroad tracks, directional and informational signs for downtown and interpretative facilities for the old locomotive. The node also connects the Greenway to a future scenic railroad that could terminate in this vicinity. Bridges - Bridges along the system's backbone trail need to be versatile. They will be required to accommodate light maintenance vehicles such as small pick up trucks and tractors as well as bicycles and foot traffic. Bridges on side trails and in nature areas need to be designed primarily to accommodate foot traffic. Trail Types - The trail system should be anchored by a backbone multi-use trail to accommodate bicyclists and walkers. This trail should be paved and 12 feet in width with white "fog lines" along the outside edges of the path. Restrooms - Since the route connects local community parks, the trail should provide well-marked access from the trail corridor to the restroom facilities within Centennial, Settlemier and Legion Parks. However, the southern portions of the corridor are not near existing parks with restrooms. Therefore, a restroom should be located within the corridor in the South Planning Unit. ort Facilities Su ~ Primitive pathways and boardwalks are included within areas of sensitive natural concern. These include the corridor south of Hermanson Park III that includes Hermanson Pond and the corridor within Legion Park that includes areas of significant paleoarchaeological discovery. Benches to provide places to rest and enjoy the greenway environment, park benches should be located at intervals of 300 feet along all trail routes. To reduce problems with littering, these benches should also include trashcans. MILL CREEK GREENWAY MASTER PLAN DRAFT - OCTOBER 20, 2005 GREENWAY TASK FORCE PAGE 16 The Greenway in Legion Park has been the site of significant scientific discoveries of ice age fossils. Opportunities exist in the greenway corridor for interpretation of this prehistoric environment as well as the on-going and past scientific processes to uncover the fossils. Signage - The trail needs to be unified with a coordinated and attractive system of signs. This system needs to be easy to read with signs located in convenient locations. Because of Woodburn's multicultural makeup, signs should be in English, Russian and Spanish. Specific sigh designs are needed for entrance/monument signs in parks and at trailheads, rules, directional, mileage, environmental interpretation and informational signs. Recreation Facilities - Portions of the publicly owned sections of the Greenway include opportunities for recreation facilities. Hermanson Parks I & II and Wyffle Park have potential for playfields, playgrounds and picnicking. Recreation facilities are available at the Centennial, Settlemier and Legion Parks. Access from the Greenway as well as directional signs should be provided to these facilities. The Mid-valley Community Church has informally expressed interest in developing recreational facilities on property it owns between Young and Lincoln Streets on the east side of Mill Creek. support a to fishing Fishing Docks - Hermanson Pond has potential to warm water fishery. Trails can connect the system docks and wildlife viewing platforms in this area. Project Funding Systems Development Charges (SDC's) - Systems Development Charges are fees paid by new development to help pay a portion of the costs of capital facilities needed to serve new development. The City's Parks and Recreation System Development Charges Methodology and Rate Study Update has identified portions of acquisition and construction projects as qualifying for funding through this source. 12. Wildlife Facilities - Hermanson Pond, Hermanson Park III and the surrounding landscape include extensive wildlife habitat restoration projects. Trails in these sections need to be situated away from sensitive wildlife areas and provide viewing stations and environmental interpretive facilities that provide access without disturbing plants and animals. Environmental Interpretation - Places for natural environmental interpretation exist in the Hermanson Pond area and Legion Park. These trails should consist of self-guided tours with signs and information and viewing stations. Similar opportunities exist at Woodburn High School. . General Fund - General fund revenues consist chiefly of property taxes derived from the permanent tax rate. Since the City utilizes this funding source primarily for operations they are a very unlikely source of funds for Greenway projects. Opportunities for historic interpretation exist in the Greenway near Young and Lincoln Streets. The mill for which the Creek was named as well as prominent farms were located within this area. MILL CREEK GREENWAY MASTER PLAN DRAFT - OCTOBER 20, 2005 GREENWAY TASK FORCE PAGE 17 local comprehensive land use plans and park master plans. This program also requires a 50 percent local match. Other State of Oregon Funding Sources - Funding for habitat restoration, fish and wildlife access and other natural resources enhancements are available through the Department of Fish and Wildlife, Oregon Water Enhancement Board and other agencies. Matching requirements for these grants vary. OPRD Recreation Trails Program - This program provides funding for maintenance and restoration of existing trails, development and rehabilitation of trailhead facilities, construction of new recreation trails and acquisition of easements and fee simple titles to property. The Recreation Trails Program requires a 20 percent local match. Volunteer & Donations - Trail construction projects are well suited to volunteer efforts. Other community groups and organizations can tailor projects with good design to Eagle Scout project, school conservation projects and efforts. Furthermore, the trail system can be segmented into adopt-a- trail sections that groups or individuals can adopt to assist with construction as well as operation and maintenance. Local Government Grant Program - This program uses lottery dollars for land acquisition, development and rehabilitation projects for public park and recreation areas and facilities. The Local Government Program requires a 50 percent local match. Land and Water Conservation Fund - Eligible projects through this federally funded program include acquisition, development, and major rehabilitation of park and recreation areas and facilities. Projects must be consistent with the outdoor recreation goals and objectives contained in the State Comprehensive Outdoor Recreation Plan and elements of your 1 MILL CREEK GREENWAY MASTER PLAN DRAFT - OCTOBER 20, 2005 GREENWAY TASK FORCE PAGE 18 located on City owned Capital Improvements Below is a proposed six-year plan for project implementation improvement. The proposed projects are property. Funding for the projects would be sought through sources described in Section 12. 13. Total $30,000 $20,000 $2,500 Cost/Unit $20 Units 1,500 $20,000 $4,500 Backbone Trail Bridges Signs & Amenities Playground Equip. Trail Heads Mill Creek Greenway Master Plan Projects Initial 6 Year Plan Hermanson Park Section $77 ,000 $1,500 3 $2,500 $5,000 $1,500 $1,500 $5 500 Soft Swface Trails Bridge Signs & Amenities Trail Heads Hermanson Pond Section $1,500 $10,500 $10,000 $1,250 $20,000 $1,500 $20 $1,500 500 Backbone Trail Bridges Signs & Amenities Wyffle Park Section Playground Equip. Trail Heads $32,750 MILL CREEK GREENWAY MASTER PLAN DRAFT - OCTOBER 20, 2005 GREENWA Y TASK FORCE PAGEl9 Total $30,000 $0 $2,500 $2,500 $4,500 Cost/Unit $20 $5 $1,500 Units ,500 500 3 Backbone Trail Bridges Signs & Amenities Soft Surface Trails Trail Heads Legion Park Section $39,500 Future Projects North Planning Unit Woodburn High School, Hazelnut to Hwy. 214 Legion Park to Wyffie Park Construction Construction Trail Trail Access Acquisition - Lincoln/Cleveland Street Section Access Acquisition - LincoIn/Y oung Street Section Trail Construction - Lincoln/Cleveland Street Section Tunnel Construction/trail connections - WilIamette Valley Railroad Central Planning Unit South Planning Unit Projects listed above in initial 6 year plan Tributary Southwest Transition Node Development/Cleveland Settlemier Park to Settlemier Street Well Property . SettIemier Street Well Property to Centennial Park Settlemier Park to Settlemier Street Well Property Evergreen Linear Park Trail Construction Access Acquisition Trail Construction Trail Construction Woodburn High School to Boones Ferry Construction Trail Goose Creek Tributary Appendix MILL CREEK GREENWAY MASTER PLAN DRAFT - OCTOBER 20, 2005 GREENWAY TASK FORCE PAGE 20 Appendix a. Typical construction details b. Survey summary c. Resource Inventory d. GTF Meeting Notes e. National Park Service Application Letter f. Letters of support g. Planning Section Maps 14. -- Mill Creek Greenway Multi-use Path '" - 3 feet min. Paved rest areas, shade trees, bench '" MIN. 10 feet min. Asphalt: 2 lifts 2'" ea; over compacted crushed rock base course 3 feet Graded Y/Ood chip or crushed rock shoulder ] Creek Greenway Mill Roadside trailhead Handi-cap parking Greenway sign Wastebasket and Mutt Mitts Bench/viewpoint . . . . -4 \I Mill Creek Greenway Small Trailhead with parking (e.g. Hermanson Pond) · Handi-cap parking · Greenway sign · Wastebasket and Mutt Mitts · Bench/viewpoint I r> City of Woodburn Mill Creek Greenway Survey The MiD ~ Gmenway 7>lsktO.roeis developing a comprehensive plan for a continuous public greenwayand pathways system that includes open space, habitat preservation and restoration, public access and neighborhood recreation areas, as recommended in the city's 1999 Parks /UJd ll<<Jreation Campmhensive P/1l1I Upd8te. The Taskforce is as1dns all Woodburn residents to complete this SIIl'Veyby May 14,2004 in order to effectively represent the interests of our community members in forging this plan. It is also available in electronic fonn on our website at: http://www.ci.woodburn.or.us/parks/. For questions, please caD 608-982-6264. 1. Wh8t IlCtivitiu do you feel our pubBc gmwway system in Wombum sboaJd provide? Rate the activities listed below in three categories, with a U, A or I: U = I will use the greenway system for this activity A = I think this activity should be accommodated, but I will not use it in this way I = I feel that this activity is not appropriate for our Woodburn greenway system _Commuting to work _ Nature observationlbirding _ Paved Cycling _ Small children tricycling _ Horseback riding _ RoUerbJadinglboarding _ To get to shopping _ Group Picnics/Events _ After dark group events _ Pet walking - Group sports <Frisbee, football, softbaJI_ specify _ Day camping _ Overnight camping _ OUtdoor classroom _ Other (specify) /. _ Walking _ Running/jogging _ Mountain biking _ Skateboarding 1 _ Educational walking tour _ General exercise _ Model airplanes, cars, boats _ Community gardening ) 2. Jromyour Dst of "iF activiti~ aOOve, please 6st the fop tbme in which you Il.nJ most 1ik1y to participak in 011 II regu/llr basis. 1. , 2. , 3. 3. Please check the design elemcnts/lI1l1cnitiu that you would like to see in our grcenway system: (if there are any that you feel are not appropriate for the system, write "NO" in the space) 4. Jrom the 6st of design eJamenfs aOOve, pltJllS6 indiCiW the fop five of most impor/1ln.ce to you; 1. 2. 3. 4. 5. 5. am)'Oll belp? Check all that apply: _ Trail Work _ Fundraising _ Special Events coordination - Construction ---"'1ake a presentation _ Newsletter _ Other (specify) 6. a'roJeyour.uesrollJT.under 18 18-29 30-49 60-64 65-74 75+ 7.Numberinbousebold_ 8. Confllct Infa. (optional) Name(s): Paved trail surfaces f ) _ Picnic tables Toilets Benches Fenced in areas _ Bike racks _Interpretive sjgnage Address: _ Gravel trail surfaces _ Covered group shelters _ Water fountains _ Garbage cans _ Off street parking _ Designated teen areas _ Reserveable picnic areas _ Dirt trail surfaces _ Cooking/barbequing areas _ Exercise course w /stations _ Pet waste disposal _ Posted regulations/guidelines _ Artwork (sculptures, murals) _ Other (specify) . Telephone: ~-Mail: Best time to contact: WQQUD."YiN '.,o"or.,,1 "" By May 14,2004, please return to: City of Woodburn Greenway SUNey 270 Montgomery St. Woodburn, OR 97071 1T 1""" #- Woodburn Greenway Survey - Spring 2004 Preliminary Results gllmmary The Woodburn com1mlDity returned 320 surVeys for tabulation. Most popular greenway use is for wa11dng, followed by ~e observation, birding and other education. There was also some interest in bicycling and biking, as well as picDicking. Paved trails were the number one amenity selected, but among all amenities, paved trails were outranked by toil~ benche~ water fountains and picnic tables or. . areas and pet waste disposal. AU bm a couple SUJ'Yeys reflected positive comments about the greenway enhancement process. Many respondents provided contact information and offered to participate in enhancement activities. Respondents by Age . As anticipated, the survey was most popular among older adults. Here are the respondents be age group: Age 18-29 30-49 5~ 65-74 75+ TOTAL Number of RespOnses 14 73 76 61 84. 320 Percent of Total 5% 24 25 19 27 1000-10 Favorite Activities Walking was favored as the number one activity by In respondents, or 78%. Even as a nUmber 2 activity, walking came in at 15%. Other number one activities among the remaining 22% was fractionalized, With the favorites as Cycling or biking (11 responses - 5%), followed by natural observation, birdin& education (7 responses - 3%) Only 4 respondents (2~) selected pet watking as their number one activity. For number two most popular activity, nature observation, birdin& education was most popular (29 responses - 15%) followed by general exercise (23 responses - 11%); pet walking (15 responses - 7010) and group picnics/picnics (11 responses - 5%) Favorite Amenities While most picked paved trails as their number I amenity, followed dosely by to~ets, most respondents favored a broad range of amenities, including strong support fur posted regulations. Amenity #1 #2 #3 #4 #5 Total % of total Toilets 33 48 27 14 16 138 56% Benches 16 41 28 24 20 129 52% Paved Trails 37 4 3 4 1 49 20% Picnic tables/areas 14 13 13 10 6 56 23% Water Fountains 4 18 19 21 17 79 32% . Pet waste disposal 4 7 13 15 15 54 22% Posted regulations 7 3 8 18 16 52 21% Percentages based on 247 respondents answering this section. r" T MILL CREEK GREENWAY TASK FORCE Saturday, March 27, 2004 Resource Inventory Itinerary Time Location Descrl>>tion 9:00 a.m. StIu1 at: Recreation and Meet to depart to Greenway in City van. Richard Parks Dept. Office. Morris will provide a description of the 160 W. Oeveland smroundiml neillhborhood. 9:15 a.m. Start at: Deer Run & Henrianson Pond, Hermanson Parks I. n & m. Hermanson Road. Site of past (Luckey Co.) and future habitat South Plannin2 Unit restoration moiects ( vv J:1ll' J. 10:00 a.m. Start at: Settlemier Park Settlemier Park to Centennial Park. Mayor Kathy West Tributary Planning Figley will host a tour oftbis section. Unit 11 :00 a.m. Start at: Mid- Valley Oeveland Street to Legion Park. Willis Grafe from Community Church, 591 the Mid-Valley Community Church will meet the Gatch Street Task Force and provide a tour of church-owned Central Planninsz Unit greenway property. Noon Lunch @Settlemier Park Llmch provided. Youth Activitv Center 1 :00 p.m. Start - Under giant Herb Mittmann will host a tour of Tukwila Oregon White Oak near Homeowner's Association paths. The final stop Tukwila Center for will be at Legion Park to tour City-owned property. Health and Medicine North & Goose Cr. Planninsz Unit - 2:00 p.m. Site revisits, rap-up: Revisit sites of specific interest, if necessary. Settlemier Park Youth Discussion about general findings from field Activity inventory, and collection offield notations from 1>articipants. 1-'--' ,. Resource Inventory: Map & Notations. PI.nnlne: Unit: 0 South 0 Central 0 North 0 Goose Cr. 0 West Trib. A. Landscape Character I. Topography (sloped, flat) 11. Vegetation/patterns (open water, wetland, grass, shrub, trees) iii. Wildlifelhabitat value IV. Aspect (sun/shade) v. Views VI. Landmarks (the old oak) vii. Sound (nature, traffic, children at play) V11l. IX. B. Ownership and Land Use i. Public lands ii. Neighboring land uses (CBD, industrial, multi-family) lll. Existing recreational facilities (paved/unpaved "trail", play area, picnic tables) IV. Other public facilities (restrooms, payphones) v. Key destinations (schools, shopping, services, churches) VI. Historical sites vii. viii. c. Opportunities i. Future Development (Glatt Sl extension, daylight Mill Creek in Settlemier Park) ii. Hi. D. Constraints i. Barriers (street crossing) ii. Hi. ... One map/notations sheet per planning unit, with items keyed on map (e.g. "Ai" written on map refers to notations on correlating tine on tho notations sheet). MILL CREEK GREENWAY TASK FOR.CE Woodburn, Oregon . Resource Inventory - Central A. Landscape Character I. Topography · Flat with stoped edge (2) · Valley · Enclosed but open Ii. VegelatJonlpattems · Grass · Shrubs lB. WlldUfelhabl value · BIIds · Very busy day with church cleaning ClfNI so did not see any Iv. Aspect (sunlshade) · Sun v. Views · Very open · Sam with legion Park trees beyond · Neatly mowed area made It V8fY Inviting vi. Landmarks · Old Ash Trees vi. Sound (nature, traffic. children at play) · WInd B. OWnership and Land use I. Public lands · None n. Neighboring land uses · Church · Residential · BusIness ii. Existing recreational facilities · Suggest a woodchlp walking path In this area only · WeB mowed private property used as public path iv. Other public fadlities (restrooms, payphones) · Play equipment In Wyffet Park v. Key destinations (SChool. shopping, services. churches) · Churches . Apartments vi. Historical sites · Hlstortc home on west side · Old fann land vB. Other - Comments · One landowner Is against the Idea, says he enjoys it the WS'l1t eJdsts and stated that we can' do anything because It a fIoodway and also fita... vandalism c~ Opportunities I. Future Development · More church development · Potential of trailhead for handicapped · Sinuous. curbing corridor · other sections completely straight .. Willows that provide bank etablzatJon · creek owner wants ditch deepened or bank stabDIzed D. COnstraints J. Barriers · Landowner has objections to walking and stipulated that the church not provide walking · Stream bank needs stabllzaUon · NeIghborhood resistance · Railroad at south end - private ownership blocks access to Hardcastle l' r' r · Pertlaps this Is where a trailhead could be purchased at the vacafit -ronnerty Goldsby lor next to 444 Hardcastle Av Other notes: · There Is a lot ne)(t to WIthers Lumber that Is overgrown wtth brler$. Perhaps a code vloIaUon · Homeowner sold section to church, and contract prohibits public access until peldoff ...'.... ... Resource Inventory - West Tributaries A. Landscape Character I. Topography · Flat · Open IL VegetatIonIpatlems · Shede trees · Grass · Open pasture iil. WIIdIlfelhablt value · Birds · Frogs IV. Aspect (sun/$hade) · Sun west of street · Shade east of Settlemler v. Views · Open view to west · Stand of evergreens Vi. Landmarks · 8eUlemler Pat1t vi. Sound (nature. traftIc. children at play) · Frogs · Birds · Wind · Children at play B. Ownership and Land use i. Public lands · Park · Water facilities · Farmer owns f'/8 seed flekt It. Neighboring land uses · Fann land · Residential, zoned single f.-nHy 1ft. existing recreational facilities · Picnlclng · Skate park · Aquatic center Iv. Other public facilities (restrooms. payphones) · Restrooms · Pay phones v. Key destinations (school, shopping, services. churches) · Parka · Schoofs · Pool vi. Historical sites · Historic neighborhood vii. Other - Comments · None C. Opportunities I. Future Development · Extend tran over prtvate f)I'Operty D. Constraints I. ealTters · RaDIOed tracks · Brown St · Front at · settlemier St Other notes: · None I ,T __ T Resource Inventory - SOUTH A. Landscape Character I. Topography · VVIde open area . Open in center. sided by suburban residences and agriculture · Flat. open (3) II. Vegetetionlpattems · Reed canary gnass (3) · Love the Weeping VVIow trees · Pampas grass iH. WildllfeJhabit value · Grader Geese (3) nest site on-1sIanct · Warm waterftsh (needs bass) · Nutria · Raccoon · Mink tv. Aspect (sunlshade) . Open · Sun (3) · Shade from Oregon Ash (4 trees) v. Views . Stockyard · AgrIculture · SUburban resldenUaI vi. Landmarks · Fencerow trees · Willow tree (2) · Pond (3) · Island · Oregon Ash Trees vi. Sound (nature. traffic. children at play) · Trafftc noise (3 · Train noise · DOgs barking (3) · COld day. chlk,lren must be Inside · Geese and ducks · Pumping WlBler (2) · Song birds · Cattle · Wind B. OWnership and Land U$8 i. Public lands · Pond (3) · Most of Part belongs to City ofWoodbum · Pete earn · Houses on West II. Neighboring land uses · MUJU..famlly houses (2) · Farm (2) · Single famJly houses (3) · Auction yard (2) · Greenway iB. ExIstIng reoreatJonal facilities · Unpaved · Wet grass · Access points close to houses (2 · Dirt paths around parts of pond . Pond · Spider Park with playground Iv. Other public facilities (restrooms. peyphones) · SpIder Parks play equipment r T v. Key destinations (school. shopping, services, churches) · NeIghborhood homes vi. Historical SItes · 1902 or older fannhouses and homes vB. Other · Playfteld would be nice · WIden creek · Keep wi without tables · Some area where 8 great traM could be · Older Oregon trees 810ng creek · Great dog walking park C. Opportunities I. Future Development · Suggest when Cam fann land by the pond Is developed, that the same style fences 81'8 considered · Th~~~esam~~epoM · Landscape ditch back Into real creek · Deepen pond and stock · Better pathways and other areas O. COnstraints i. Barriers · Need to check/survey property lnes · Cross WIlson St, Cleveland and UncoIn on North end street and railroad · The 8I98S ~at the creek was wider I considered prettier th$l1 the narrow ones · Land owners -cion' want trees" · Only two access points · NeighbOrhood nervousness · Railroad track at north end other notes: · Historic photos of old fann aOd meadow · WIde enough for loop trail? l' 11"" T Resource Inventory - North A. Landscape Character i. Topography · Slope from htgher ground to Greenway (2) · Sluff with views of Mm Creek Valley (2) it. VegetatlonIpattems · Grass · Stand of trees tNer 100 yen old · Tal Spruce tree iI. WtIdIIfeJh8b1t value · BlItts II year · Frogs · Deer · Hawks · Blue Heron Iv. Aspect (sunlshade) · SUn in. aeek area · Shade In 1ree area v. Views · Open view to west · Down greenway · Skunk cabbage In water vi. Landmarks · Old Trees (100-150 yrs old) (3) · An:lheoIogIoaI SIte vi. Sound (nature, traJfIc, children at play) · Frogs · Trafftc · Birds · 'Mnd B. Ownership and Land use i. Public lands · City Park · School · other City owned land II. Nelghbortng land uses · Fann land · Residential · Apartments · Industrtal m. ExIsting recnatIonal facilities · Developed park with baD field, picnic shelter, parktng, restrooms (3) · stadium 1ft. Other pubic facIIitles (restrooms. payphones) · None iv. Key destinations (school, shopping, services, churches) · Medlcaf services · Schools · omce park · jobs · Senior Estate homes v. Historical 8Ites · Old outhouse With crescent moon · AroheoIogklaISlte · Ancestors used MUI Creek to camp and graze horses on way to State Fait Vi. Other .. Cofmlents from Tukwila Homeowners AssocIation · None C. Opportunities I. Future Development · PoUce station · POSSIble Community Center . r T .D. Constraints I. Barriels · CI'OssIng Highway 214 (2) · RalroldtraCk(2) Other notes: · Coordinate with homeowners for shared use of Tukwita pa"" r r T Resource Inventory - Goose Creek A. landScape Character I. Topography · Open and flat · Flood plain · Most trees all planted ii. Vegetatlon/pattems · Grass · NIce stand fA birch trees · Flowertng deciduous · Cork8cr8w WIllow · Magnolia lU. WI1dllfelhablt value · Birds all year Iv. Aspect (sunlshede) · Sun · Shade v. VIews · Probebly have Mt. Hood view · GOlf · Manicured grass · Backyard of Senior Estates homes has many pretty ftcwer gardens vi. Landmarks · Old Oak (100-150 yrs c$I) vi. SOUnd (nature, traffIC, ohDdren at play) · Breeze In trees · Distant traffic · Birds · \Mnd · Children at play B. OWnership and land use i. Public lands · Near schools iI. Netghbortng land uses · Office park · ReskIentIal · SChools · Tukwila Medlcat Center · Retirement single family homes ii. ExIsllng recreatIonat ~ · Nearby school groundS, track and playground · Gravel trI. · BrIdge · Picnic table under oak tree · Senior Estates Park; 2 picnic tabtes, walking pathways. horseshoe pits. Bea, water fountain, built-In checker/chess table, doggie boy receptacles Iv. Other public fac:tliUes (restrooms. payphones) · None v. Key destJnatlons (school, shopping. services, churches) · Medical selVloes · Schools · Ofnce park II jobs · Senior Estate homes vi. Historical sites · Old Oak tree · Archeological site on high school property vii. other - Comments from Tukwila Homeowners AssocIation · 3 mle trait Is not reaRy 3 miles · Wheat field area development · In TukwDa expansion backya~ will fate Woodbum High School r T .. . · Around Oak tree win be 8 little park · VoIkswaIkers . There should be slgnage at Boones Ferry Rd to let people know informaUon about traO; where It begins and how long Ills · 1ral shOuld COMect Elementary, MIddle and HIgh Schools · VVhere Goose Creek comes out of concrete at senior Estates, there are cut trails In creek C. Opportunities I. Future Development · New nelghbofbood attracting famines with kids · Greenway walk · Connect schools · New home developer wants to mesh with our objectives · TraI exlendlng Senior Estates Park going northeast along Country Club ReI, tumlng south on Boones Ferry Rd to Join Goose Creek where It enters Tukwlla~ D. Constraints i. Barriers · Crossing Boones Ferry Rd (3) · Meadow west of Boones Ferry other notes: · Need to connect with VoIkswaIkers · Fourth of July In front of schools 'I' 'I" "If" . .. a Mill Creek 6reenwoy Task Foree Meeting Notes March 2, 2004 1. Coli to order Informal start at 5:30 pm. 2. Introductions Mayor Figley introduced the objectives of the Task Force. Eoch member present gave introductions. MemberS.present; Donovan Reyna, Javier Perfecto, Tom Lonergc:m, Tim Dickerso"* Jerry Simonsen, Joan Garren. Dovid Ellingson* Robin Stl"ClUghcan, Jeane Mey, ICcrthy Figley, Alexandra StOf1e* Randy Westrick, Cathy Heisen and E>on Hoynacki. . 3. Project Overview Rcmdy W8$1Tick presented G slide show of the Mill Creek Greenway. The slide show was very informational and gave em overview to the Task Force. He reviewed the Parks and Recreation policies 5 & 6 and the letter of appUcation to the National Park Service. Vision Development The Task Forte Work on the vision of the Mill Creek Greenway. . Connections (sociol and regionol) · Recreation · Public Health . Motorized Transportation · Habitot (Open Space) . Education · Public Utility · Scientific · Stewardship · Art and Culture r T . <~. . 4. Project "rneline Alex Stone reviewed the tlmeline with the task force Gnd no modificcrtions were made at this time. !i Task Force Roles 0) Task Force member's brainstormed possible uses for the greerlway · Public use of open spaces · Access · Self. Construction · K..12 Physicol Education c~ses · Habitat and Fish · Tourism . A place known for it's -walks" . Sounds of nature: frogs, birds, ducks. geese . Facilities: benches, signs which include; educational, directional, plant identification, drinking water, restrooms, garbage cans. . Becwty . Meaningful4ftd memorable names · Tot play areas · Exercise stations · Promotion of greenway and troil b) An inventory field trip of the greenway is scheduled for March 27, 2004. 6. Task Force Membership The meetings will be held on the second Tuesday of eclch month at !5:30 pm. They will report to the Recreation and Parks Board immediately following. Next meeting April!!, 2004 ." 'II'" T Mill Creek Greenway Task Foree Meeting Notes April 13,2004 1. COil to order Informal start at 6:40 pm. 2. %rrtroductlons Randy Westrick welcomed and thanked everyone for coming. Each member present gave introductions. Members present: Javier Perlecto, Robin Straughan, Randy Westrick, Don Hoynaeki, Jan LaFollette, D4vid Torgenson, Christopher Piner, Phyllis McKean, Willis 6rcafe 3. Resourc8 Inventory Randy Westrick reviewed the Parks and Recreation policies 5 4 6 to the newest members of the taskforce. He then explained about the resource inventory field trip and gave Q re...cop of the results and the importance of the findings. 4. Community Survey Dan Hoynacki presented the survey and asked the taskforce to make corrections/suggestions. The survey will then be transloted and di$1'ributed to the community through our City's water bill, the Recreation Reporter and witt be available on the City's web-site. 5. J..... Public Workshop A tentative date has beeh set for Thursday, June 3, 2004 for Q Taskforce workshop for survey results and community input to map outline of Sreenwcay pion to present at a public open house. A tentative date has also been .set for Tuesday, June 8, 2004 for Oft Open House at 5:30 p.m. and then a Workshop crt the regular scheduled Recreation and Parks Board meeting at 7:00 p.m. 7. ICocIak A......co Srtenwoys Srom Discussion on the grant and consensus made to use it for the Mill Creek Greenway signage. Meeting was informally adjourned at 6:50 p.m. Next meeting May 11, 2004 11"" T Mill Creek Greenway Task Force Meeting Notes May 11, 2004 Members present: Alexandra Stone, Randy Westrick, Dcn Hoynacki, Phyllis McKean, Nancy Kirksey, Willis 6roffe, Christopher PIster, David Torgeson and Jerry Simonsen. 1. Call to order Informal stort Qt 5:35 pm. 2. Community &rvey The Task Force reviewed the 210 surveys and noted that walking is the #1 activity. [)on Hoynocki will create a dotClbGse and input 011 survey information. This information will help in the planning process of the greenwoy. 3. June Public Workshop Alex Stone reviewed the draft besign Charette and explained the schedule to the Task Force. Alex then presented topographical wall mops and pointed out the existing resources along the greenway. David Torgeson shored current Public Works projects that need to be considered in the planning process. Jerry Simonsen asked about the trail section in- Tukwila cmct the Homeowners Associations reaction to the survey and planning process. Rondy assured the Task Force that Herb Mittmann, Recreation and Park Board Chair lives in Tukwilo and is 0 posi~ve liaison with the Homeowners. 4. KodGk .4_ric:G ~ Srant The Task Foree reviewed the proposed grant and Alex Stone suggested raising the grant total to $2fSOO.OO. Alex also suggested Q change to #1 Organization Description with cidding the dlversi1y in the Woodburn community. The Task Force Qgreed that the additional money would help with completing the signag8 portion of the greenway. t>clvid Torgeson stated that he would like to see maintenance costs included in the design cherette. The Task Force discus$ed the possibility of wlunteer groups to help with the greenway maintenance. Adjournment 6:50 pm Next meeting June 6, 2004 which wilt be the Design Cherette. ,.. . Mill Creek Greenway, Woodburn, OR Charette Schedule Wednesday, June 2nd, 2004 6:00 - 9:00 p.m. 4:00 - 5:00 6:00 6:15 6:50 7:15 8:00 8:20 8:4? Driving tour of greenway . For out-of-town participants and first 25 who sign up Charette participants convene . Woodburn City Hall- City Council Chamber - 270 Montgomery Street Orientation . We)come. the charette partners. and introductions . City's vision, the project and baseline information . Charette - Goals and basic instruction - T earn Captains Group Brainstorm . Planning Units (Sou~ Centra4 North/Goose Creek, and West) . Greenway System Small Teams Breakout (4) Team Reports Collective Refmement Conclusions . Summarization of recommendations . Farewell and Thanks l' IT T MINlfrEs Woodburn Recreation and Parks Board Tuesday, June 15, 2004 7:00 pm City Council Chambers 1. . Herb Mittmann, Chair, called the meeting to order at 7 pm. 2. Randy Westrick introduced Barbara Nugent, Recreation Services Manager. 3. Roll Call Members present: Herb Mittmann, Chair; Rosetta Wangerin, Vice-chair, Evan Thomas, Member; Ann Meyer, Member Member absent: Phil Lagao, Member; Staff present: Randy Westrick, Director; Barbara Nugent, Recreation Services Manager; Paulette Zastoupil, A.A. 4. Approval of Minutes from May 11,2004. Motion to accept the minutes was made by Herb Mittmann and seconded by Ann Meyer. !S. Business from the Audience: None 6. Friends of the Park Nominees Randy Westrick presented the board with nominees for this year's Friends of the Park Award. The nominees were: Erin Cramer, Willis Grafe, Brian & Diana Mat. The Board concurred with the nominees. Recreation and Parks staff will ask Mayor Figley to proclaim July as Park Month and she will present the awards during the council meeting on July 12, 2004. 7. Mill Creek 6reenway Workshop Randy presented the slide show of the Greenway, which was shown at the Charette on June 2, 2004. He recognized Alex Stone, National Park Service and David Torgenson, Public Works, City of Woodburn for their contributions in the Mill Creek Greenway project. Dan Hoynacki presented the results of the survey sent out to the citizens of Woodburn in May. He tabulated 320 surveys and analyzed the results to the board, with walking as the number one activity choice for the greenway. Randy explained the Charette agenda to the Board and how each planning unit was planned in small groups. ...., .... Mill Creek henway Workshop cont. Below are strategic points that each planning unit had come up with. South Unit · Parking Trailhead Central Unit · Proposed a tunnel and bridge · Loopi ng trails North Unit · Foot crossing · Interpretive center · Dog park Tributary, Goose Creek · Safe route to schools corridor · Suggested moving trail up the bank for flood control Tributary, Stubb Rd · Dual trail system for walking and biking · Connect trail with existing pathways The board conducted a brainstorming session where these points were to be considered in future discussion and planning. · Paved paths · Width of paths · Dual Trails, walking and biking · Walking paths to shopping areas · To complete small sections of the Greenway at a time so public could see a completed part for reference. · Wetland protection · Decide what -multi-use- means · Area close to Senior Estates where no bikes are allowed · Resource will predict what kind of path should be provided · Overall layout complete to then refine · Maintenance of trails · Bike racks at designated areas where no bikes are allowed · Need to consult all city departments for input · Emergency access · Communicate to railroad This information will be used in the planning process of the greenway. 8. Future Boarcl Busi..... · July 13, 2004 meeting The Board will review proposed recreation and leisure service facilities revisions. 9. Board Comment None. Meeting was adjourned at 8:30 pm T' F T MINUTES Woodburn Recreation and Parks Board Tuesday,September14,2004 7:00 pm City Council Chambers 1. Herb Mittmann, Chair, called the meeting to order at 7 pm. 2. Herb Mittmann introduced new board member: Joseph Nicoletti. 3. Roll Call Members present: Herb Mittmann, Chair; Rosetta Wangerin, Vice-cbair; Ann Meyer, Member; Cristal Sandoval, Member; Bruce Thomas, Member; Joseph Nicoletti, Member. Staff present Randy Westrick, Director; Barbara Nugent, Recreation Services Manager; Paulette Zastoupil, AA 4. Joint Update with Greenway Task Force Randy explained that the plan was in a Technical Phase right now and gave a presentation with a walk-through of all five maps that make up the visual plan of the Greenway. He explained that the next step was to take the plan out to the community. Randy showed the Board where the .safe routes. to school had been identified and that grants were available to help build that portion of the plan. Bruce Thomas asked when the property next to Centennial would be annexed. Randy explained the City's process of annexation to the Board. Herb Mittman complimented the rask force on their work to bring their ideas on paper in the short time given. Herb agreed that the next .step was to present more in depth presentations to the community. Rosetta Wangerin commented on the dedication of staff and consultants. Randy stated that the next job the Task Force had is to break down the map into projects and then start putting price tags on them. 5. Approval of Minutes from July 13, 2004. Motion to accept the minutes was made by Bruce Thomas and seconded by Ann Meyer. 6. Business from the Audience: None 7. Division Reports Parks and Facilities - Randy Westrick Randy shared that the Board has asked the department to update the Special Events Policy with collaboration from the Livability Task Force. Copies were given to the Park Board to review. This will be placed on the October and November agendas. Recreation and Leisure Services - Barbara Nugent Barbara shared that After School Club had started on September 7th, the first day of school with over 400 children in the program. The ASe staff had a full week of training which included Lit Art, PE, Guiding Behaviors and Recreation programming 1" and First Aid certification. Barbara shared with the Board that Donovan had resigned with plans of continuing his education. The v~cancy for the Teen Scene Coordinator will close on September 20, 2004. Barbara shared that negations were going to secure the Presbyterian Church for the Dance, Dance, Dance program. The Disc golf presentation was a success, and the Pre-school programs will be utilizing the Teen Centers during the day. Soccer started with 230 children registered, which puts 7 - 11 children per team. The soccer fields have been ra- configured so children will have more playing time. The football program is going and Saturday, October 9, 6:00 pm will be their first home game. Ann Meyer stated that she had a complaint from a parent in which a pre-school program was canceled. Barbara explained that only 2 children registered and it was not cost effective to run the program at this time, but she has organized a cooperative playtime with these children and their parents at no cost until the program had enough participants. Aquatics - Steve Newport Report was in written form 8. Recreation Services Master Plan Barbara presented the Recreation Services Master Plan to the Board. She explained the necessary steps of the plan were to insure that all recreation and leisure services had the components, framework and financial structure to meet the needs of the community. This plan is a vital component to the process of updating the Park and Recreation Comprehensive Master Plan. 9. Community Center Task Force Progress Report Randy gave a short report on the Community Center and shared that current meeting had been postponed until October 4, 2004. The Board discussed the Park Master Plan in which Herb questioned the expansion to the north and asked how it impacted the Master Plan, with 150 houses being built and the. talk of 600 more to be buill Randy explained the Neighborhood and Community Park process and the future of such parks would need to be projected in the Master Park Plan revision. Bruce suggested that if land needed to be purchase, it is best to do that now. Rosetta asked about the appeals with the State and the cities population projections and Randy assured her it was being worked out with the expectation of an official resolution. Rosetta commented that the plan had to be very thought out, Herb wanted the maintenance to be a top priority, Ann thought it was important to finish the new parks all at once and not construct them in phases. All Board members stated the need for bike racks and drinking fountains to be placed in all city parks. 10. B · Special Events Policy · Board Retreat, November 17,2004 at 5:30 p.m. 11. Boa~ Comm",t Ann Meyer mentioned that Nelson Park had a lot of graffiti, and Cristal Sandoval asked if the "Graffiti Busters. were in force. Meeting was adjourned at 8:35 pm l' r T MINUTES Woodburn Recreation and Parks Board Tuesday, Odober12, 2004 7:00 pm City Council Chambers 1. Herb Mittmann, Chair, called the meeting to order at 7 pm. 2. Herb Mittmann introduced new board member: Brad Hutchison 3. Roll Call Members present Herb Mittmann, Chair; Rosetta Wangerin, Vice-chair; Ann Meyer, Member; Cristal Sandoval, Member; Bruce Thomas, Member; Joseph Nicoletti, Member, Brad Hutchison Staff present Randy Westrick, Director; Steve Newport, Aquatics Manager; Paulette Zastoupil, AA 4. Approval of Minutes from September 14, 2004- Motion to accept the minutes was made by Herb Mittmann and seconded by Bruce Thomas. 5. Business from the Audience: None 6. Division Reports Aquatics Division - Steve Newport Steve Newport reported that the annual one-week closure for deaning and maintenance would take place October 23 - 31. On Saturday, October 22 there will be .Paws For A Cause- event in which people can bring their dogs to swim in the pool before it is drained for cleaning. This Friday, October 15 will be Dive In Movie Night, featuring Shriek II. The opportuni~ for evening swim lessons will begin in November, and approximately 500 4 graders are now being given swim lessons. Parks and Facilities - Randy Westrick Randy Westrick shared with the board that Thursday. October 14 he was meeting on the Pond Improvement Plan, and explained the permit process. Bruce Thomas asked for clarification on the permits and Randy explained that they were to deepen the pond to put a fishery in place. Herb Mittmann then asked when the permits were given, how soon would the work begin and Randy answered probably next summer. The Mill Creek Greenway grant applications are due in mid February and the beginning process will start in December. Recreation and Leisure Services - Barbara Nugent Report was In written form on Teen Scene. Randy shared with Board that Barbara was attending the National Park and Recreation Conference. l' r T 7. Special Event Policies Randy explained the revision objectiv.es the Board should be looking at throughout the policy. · Develop specific "pre-approved' set-up plans that direct sounds away form residential neighborhoods. · Reduce acceptable park boundary dBA limits. · Limit the duration of amplified SOlIld. · Restrict the times and days of when amplified sound is acceptable. · Combinations of the above-listed measures. Randy also shared that the Uvability Task Force was also working on it and that Herb was planning to attend the next meeting. 8. Community Center Task Force - Kroc Initiative Application Randy explained the oppor1ll1ity of submitting an application to the Salvation Army to build a Community Center. The City of Woodbum, Recreation and Parks are asking for 24 million dollars, which will include a 12 million endowment The application asked for a split facility with an additioo to the aquatic center and then another facility built at Legion Park. The feasibility application was due on October 1, 2004 and the Task Force will give a presentation to the Kroc Initiative Task Force on October 28, 2004. The Joan Kroc Task Force will decide on November 4, 2004 which of the applications will be going on to the development stage. Out of 10 westem divisions, only 7 or 8 application will most likely be accepted. The Board was in agreement that the application was a great opportunity for Woodbum but was concerned about the ownership of Woodburn's parkland. The .Board agreed that the presentation should leave the idea open to just a one facility complex located at either park or the privately owned land on Parr Rd. The Community Center Task Force is meeting, October 13, 2004 to craft the presentation, and to select a presentation team. The chosen team will give a practice presentation on Monday, October 25, 2004 to finalize it. 9. Future Boa~ B~lness · Special Events Policy · Board Retreat, November 17,2004 at 5:30 p.m. · Next meeting on November 9, 2004 10. Board Comment None. Meeting was a~joumed at 8:35 pm l' T"'f T Workahop Meeting Notes Recreation and Park Board Wednesday, November 17, 2004 7:00 pm Recreation and Parks Conference Room 1. "...~ Herb Mitmann, Chair; Rosetta Wangerin, Vice-chair; Ann Meyer, Member; Joseph Nicoletti, Member; Bruce Thomas, Member; Cristal Sandoval, Member; Brad Huthi80n, Member. Randy Westrick, Director, Barbara Nugent, Recreation Services Manager; Steve Newport, Facilities and Aquatics Manager; Dusky Steyaer1. Teen Scene Program Manager, Paulette Zastoupif; AA 2. ~ Rosetta Wangerin started the group off in an activity -ItleVre 000( J,.ty pean'f". Each person chose their favorite color of jellybean. Rosetta shared what each jellybean represented in ~ity traits. By using these jellybeans she conveyed that we are all c:flfferent, with different styles, whether we work. play. live or learn. 3. Board aoertVo," Randy reviewed the Boards responsibilities. Herb Mittmann reviewed meeting attendance and stated that he ~8 each member to call if they need to mi. a meeting. Bruce Thomas suggested they look into a training on RoQertJ &IJ!I of Or9er. Bruce Thomas also stated that when the meetings are televised, it is very important to remember that the Board is sending out a message to the community. 4. SDecl., Events .P9U9.Y The board went through the existing policy and discussed what needed to be changed. The Board discussed the sound at the parks and the variables that dictate the sound dBa Is hard to d$termine such as weather, wind, placement and size of speakers etc. The B08'd agreed that they need more experience with dBa before policy change. It was suggested that next fall they would take the new collected data to the City Council. The Board also agreed that the duration cI an event should be considered. 5. ~ City Cou1cil Goals Randy explained the concept of the Council Vision, and how almost every city project starts from this process and planning. WRPD - 03..()4 Major objectiv8$ Randy shared with the Board what projects have been finished this yeer and the one that are still being worked on. Randy shared that the permits for the pond is 8 slow process but still moving along. Discussion on Legion Park and the new Police Facility and Herb stressed how crucial the planning process was at this time to Include park r 1" T expansion in the future. He shared that he was on the committee to protect the Boards interest. Co~YDltv C8l1. The Community Center Task Force is meeting on December 8 to continue the plaming process. On December 14 a working plan will be discussed. Randy shared with the Board a draft of a detailed map of the MiD Creek Greenway Trail through Woodbum. ea- anct.Becre&Uon ComD(!J\en~ eI.ID. Randy explained he stale has projected the growth for Woodburn's population at 34,000 by year 2020. He stated that the ComprehenSive Plan will need to be revised to justify the purchase fA park aaeage. The Comp Plan will include a Recreation Plan and the draft will be ready by June 2005. The Board agreed to follow the plaooing of the Police Facility. Randy explained the 20 yr and 6 yr CIP, and the SDC system to the Board. Steve Newport reported on the Aquatic Center plans for 2005 · Resurface the pool · Removal of the front COU'lter and remodel guard office · Put in exercise equipment for revenue · Add aerobic programming for revenue · Partnership with Woodburn Fitness Center · Work with the H"agh 8ChooI to include lif~uard and WSI in the curriculum · Expand school group swim lessons to 3"' grade · Paint mural on swimming poll wall and locker rooms Barbara Nugent shared her Budget request and Justification for the Leisure Services DMsion. (attached) ~ · Community Center · SDC revision · Complete Hermanson Pond · Complete Centennial Park · Re..open Aquatic Center on Sundays and afternoons · Coordinate Legion Park and Police Facility · Acce8s the health of park trees Future Board Business Next meeting - December 14, 2004 · MID Creek Greenway Master Plan Draft Review · Special Event PoIIcIea RevisIon Recommendation Board C'X)mments None l' 1"'" T MiD Creek Greenway Task Force Meeting Notes January 11, 2005 Members present Alexandra Stone, Randy Westrick, Dan Hoynacki, Richard Morris, Nancy Kirksey, David Torgeson, Jan La Follette, Rosetta Wangerin, Brad Hutchison, Robin Straughan, Jeane Mey 1. Call to "order Informal start at 6:00 pm. 2. MiD Creek Greenway Review Randy gave a Power Point presentation that showed the Task's Force work to the present. The committee had the opporb.nity to review and the following points were added. · Trail heads need to be integrated with the City bus route · Decision to be made on how trails will be marked · Name change suggested for Hermanson I, II or III 3. Mill Creek Greenway Task Force Priorities The Task Force was asked to come up with project priorities including the implementation and construction of the greenway project. These priorities will be put in the final draft in February. Adjournment 6:55 pm Next meeting February 8,2005 l' r T " WOODBURN o It I: (; 0 N Incorporated 1889 August 5, 2003 Michael Linde Leader, Partnership Programs National Park Service 909 F'trst Avenue Seattle, WA 98104 Dear Mr. Linde: SUBJECT: REVISED NPS RIVERs & TRAILS APPliCATION LE1TER. _ MIlL CREEK GREENWAY MASTER PLAN With this letter, the City of Woodburn requests assistance &om the National Park Service Rivers, Trails and Conservation assistance progwn. Information describing the project is provided belO\\t 1. Project Tide and Description ) The Mill Creek Greenway Master Plan project seeks to develop a comprehensive guide to the acquisition, development. public use and management of Woodburn. Oregon's six-mile long greenway corridor. The Woodburn Recreation and Parks Department will be responsible for implementing this project in concert with other City Departments, private property owners, interested public agencies. individuals and special interest groups. The Mill Creek greenway includes a six-mile corridor that connects City parks, schools. neighborhoods and' a downtown business district With consideration to the surrounding neighborhoods, the plan should consider all the Pte8Sutes on the watershed including: C Recreation; C Storm water management; C Non-motorized transportation; C Fuh & wildlife; C Outdoor education; C Private property concerns; C Scientific exploration; C Utility rights-of-way; and C Water quality. This project is a priority. The City's 1999 Parks and Recreation Comprehensive Plan Update states in Policy 5 that it is the City's pollcy to manage the Mill Creek corridor as public gteenways and pathways. Policy 6 states that the City's policy is to provide a continuous public greenway and pathway system and to acquire privately-owned segmentl and seek dedications of Boodways and creek cotridon for natural areas, neighborhood recreation areas, open apace and transportation. The Mill Cteek Greenway Master Plan should provide the City with a specific and strategic plan to fu1liI1 PoUcies 5 & 6 of the 1999 Pub and Recreation Comprebensive Plan Update. Located in the North Willamette Valley 17 mDes north of Salem and 30 miles south of Portland. Woodburn is a.growing City of 21.000 people. The Cty\ beritage it divene. Woodburn it the Recreadoe..... hrb ~ l.7DMMlfMIItY 81,.", .1V~ 0rIp ~f Plt.1D&-tIJ-1Uf · Fu SOUIZ-J244 l' IT T ,. - - ~'. Rnbcd NPS !Unn at Tralb AppUcatloD Letter. Mill Creek Greellwa, Master PI... .2. largest City in Oregon with a Hispanic majority (51%). Approximately 11 percent of Woodburn's population is Old-believer Russian. Because Woodburn" neighborhoods are ethnically mixed and because the Mill Creek Greenway courses throughout much of the aty. the project will serve about half of Woodburn's residents. The Mill Cteek Greenway is located DO more than five blocks from about half of Woodburn's residences. The aty has taken specific measures not only to communicate with out Spanish speaking community, but also to reach out and involve Spanish speaking residents in policy making processes. Last year. the City hired Javier Perfecto as Public Information Officer. Javier's duties include translating public documents and information materials and maintaining lines of communication within Hispanic communities. Javier has also developed relationships with Spanish language media that the City uses to disseminate information and promote programs. His efforts to help the Recreation and Parks Department have been very effective. Javier routinely translates fliers and other Department promotional materials. He was instrumental in developing a connection with the Hispanic community as a part of the Recreation and Parb Board's recent community park master plan process. The City has had sporadic success in implementing the Park and Recreation Comprehensive Plan Update's Policy 5 and Policy 6. Currently the City owns about one linear mile within five undeveloped parks and other properties. Minimal development has taken place on these sites. These sites contain no formally developed trails. Most of the properties were acquired as part of park acquisition negotiation or were dedicated by developers. This summer and faD, tIuee significant projects will begin. Q On July 1, 2003, a wetland enhancement project will begin. This project will enhance wetlands in Hermanson Park m. A local developer will construct the project to mitigate wetlands significantly disturbed during the construction of a residential subdivision. Q The City is completing negotiations with a property owner for a parcel neighboring Legion Park. This property includes about y.. mile of frontage on the Mill Creek Greenway, thereby doubling the Greenway length bordering Legion Park. o The City has <J'l~lif1~d for a Wildlife Habitat Incentive Program (WHIP) grant totaling $50,000. Woddng with the Natural Resources Conservation Service and the Marlon Soil and Water Conservation District. the Woodbum Recreation and Parka Department will utilize a part of this grant to develop a site plan for the improvement of H8'tnAn801l Pond Grant monies are also available for the construction of habitat improvemeats. While the Park and Recreation Comprehensive Plan Update lists Greenway development as a priority. more progress toward implementing Policies 5 & 6 has not been accomplished for a vuiety of reasons. F"ttst, park plAnning and development efforts as well as budgetary reaourc:es have been devoted to other priority projects. This includes construcuoa of a 2S-aae sports pm Iftd a sbte park. Second. the City has been reluctant to start projecu. apply for funding and commit budgetary resources to the Greenway without a good master plaa. The Hermanson Park In project was approved because it included. complete plan and WlS completely funded. The City would have loat the opportunity had action not been taken in 2001 to approve the project. The WHIP provides funding for babitat improvement and specific aite plAnni,,& Again, these projects were pursued to take advantage of opportunities that would otherwise be lost if action were not talten. l' T" Rcvbed NPS RIven ac Trail. Application Letter. MlU Creek Greaawl7 Muter PIao -3- ,I ~'. " , 2. Resource Importance l The Mill Creek Greenway is seen as a valuable resource throughout Woodburn. Many neighbors who live along the greenway appreciate the wildlife, open space and scenic views. The greenway is important in managing storm water within the City. The City's Puks and Recreation Comprehensive Plan Update notes that some properties could serve as neighborhood parks in areas that do not have neighborhood parka nearby. Local school classes have used the greenway as a labontory to study biology. ecology and water quality. Recently. Mill Creek has become the site of intense scientific interest. Scientific digs in Legion Park and along Mill Creek's tributaries have unearthed Ice Age bison, sloths, bear, beetles, mammoth, deer, elk and other animals. These digs have uncovered evidence of human habitation in the area nearly 12,000 years ago. This evidence includes human hair and crude tools. A scientific project sponsored by the Institute for Archaeological Studies found a newly identified Ice Age bird species. Teratornis Woodlntrnensis. This Teratom was an ancient bird of prey with a wingspan totaling more than 14 feet. 3. Anticipated Results ( The City seeks to develop a master plan that prioritizes and balances the interests of each of the activities listed in item 1. The plan should provide a framework to a~ develop and operate the greenway as a system. This framework should provide a basis to justify funding from local sources and outside gants to acquire and develop the property. Specific elements of the plan should provide the following: o A detailed map that shows the route of an all-weather, non-motorized pathway; o Descriptions of levels and types of development and recommended activities for each segment of the Greenway; o Strategies for acquisition; o Funding sources; o Recommended phasing program; and o Acquisition and construction costs estimates. The process of developing the plan is important. Many of the properties CUttendy in City ownemhip and properties that could be in City ownenbip bound private residential property. It is importut that the plan promote the VI1uea of stewudiftg this natual reaow:ce, recreation, urban wildlife, wise management of storm water, physical fitness and non-motorized tnnsportation. The planning process should build a sense of l!nmtmJnity ownership that stimulates public involvement in each phase of project development. Local scouting groups have expressed interest in helping to develop trails, structures and interpretive and access facilities within the Mill Creek Greenway. 4. Support for the Project The project enjoys considerable local public support. Below.is a matrix that identifies local, slate and federal governmental and nonprofit organizations and how they are interested in the project. l' n T . . Revised NPS IUYen ~ Tralb App~tloa Lettet. MiD Creek Greeawa)' Mastet Plan .... )-" , J , Woodburn City Council ~ Rcctc:ation and Pub Board ~um Rcctc:ation and Pub Department \1tOOdbum Public Works Department \1tOOdbum Sc:hooI District Boys Scouts of America Gacaway ndghbors --- i Madoo Soland ~ Coosenuion Distdct NatutaI Resoutce Cooservatioa Service Oqoo I>cplutmcot of F'ub " Widlife ~Dowotown A~ Oft&oa Pub and Ileaeatioo Dept. CdeI of Hubbard" AIUOIa SihertoaHospital The City Council has placed a priority on dcvdoping the grccnway corridor for multiple use, including recreation, non-motorized transpomtion and storm walu management. The City Council baa adopted a rcdution in support of the A . don foe Aaistancc in late or Au It. WRPB is appointed by the City Couadl to advise the Recreation and Pub Dcpt. and Cound on recreation, park and opea space matten. The Board is ready to convene meetings and hold meetings.. a part of the Mill Creek Gtec1\way planning WRPD is the managing agency that will implement the plan. The Department will coordinate d community oubeach, including mailings. press releases and public presentations. Through WRPD, funding is available through the City's Parks and Recreation S stems Devd ent C WPD Iw an interest in managing the storm water that MiD Creek curies. They also implement the City'l Tnnsportation Plan that ideotifiel the greenWl}' .. a DOD- motorized corrido& WPD will have staff available to help integrate trmspottation and storm walet t into the Master P\aa. WSD dusea use the greenway .. alabontory ud are intca:sted in the planning and t of the l'CIO\UCC. LoaI Scout troops are interested in participating in the planning and development of the greenway. Several Eagle Scout candidates have expressed intctcst in COIlIttUction ro' in the wa MOlt residential ocighbo" within the coaidor are interested in its futwe. When WRP8 reviewed plans for the Hermanson m enhancement project, they v.oorked with about a dozen n' hots to balanc:c interests and a workable MSWCD has provided technical assistance to improve babitllt along the Creek. They wiD assist the City with obt2iniog funding through the NRCS and Oregon WAtershed Enhancement Board. Approved a $50,000 WHIP grant for the Mill Creek corrido~ $1,000 was spent . a II within the wa in ' Parlt. ODPW is interested in establishing a warm water fishery in Hermanson Pond if habitat cooditions are 1'be greenway is only a few steps from Woodburn.. downtown busioea district. 1'be WDA Iw an intaeat in ... in to . the RIOUa:e. OPllD'a tails Divisioa an provide CKhokal usistaoce and tnil fUadio& PUDding chIoogb OPRD is also IftllabIc through the I..Iod " ~ter Coosenadoa Pwld and Local Goftmmaat Gnat TbeIe Cities are dowoatream &om Woodbum OIl or IlCU the MiD Cleek coakIor. have intaut in a tnil. SiIvertoa HospitlIl is a putnct with WRPD OIl snaaI project& The Hospital dooated IIlOOCJ towaId COIlItructioo of the City"I Sbte Park ud ila c:o-tpOIlSOl foe the City\ annual famiJy fun lUlL They are willing to help the City promote physical fitncu walkin and b' . in the tnil Boclosed are letters supporting this request for assistance. Also enclosed is a City Council rcaolution supporting the project 5. Riven,. Trails and COllServation Assistance Program Role Woodbum\ Mill Creek Greenway corridor is a magnificent untapped loa! resource. As outlined within this letter or application, it can serve many diCferent interests in many different ways. T'I' T ..#.- " Rnbed NPS Riven at Tnlls Appllcatioa Letter. Mill Creek Grecnwa, Muter PIaD .s- The City seeka RTCA assistance to help develop a plan that balances these interests and guides the funding. specific site planning. development, management and public use of this resource. Thank you for your interest in this project. The wise development and use of the Mill Creek Greenway is important to our future. This resource can make Woodburn more attractive, provide a place for recreation where we can become healthier in mind and body and the greenway can be a place where we learn to appreciate the natural world around us. If I can offer any more information on Woodburn or this project, please do not hesitate to call or write to my e-mail address at randy.westrick@ci.woodburn.or.us. Sincerely, o,~.~ n RandaR Westrick Recreation and Parks Director End. f ) ITJ .'~~- '. COUNCIL BILL NO. 2467 RESOLUTION NO. 1732 A RESOLUTION SUPPORTING A LEITER OF APPLICATION FOR TECHNICAL ASSISTANCE TO THE NATIONAL PARK SERVICE RIVERS AND TRAILS PROGRAM. WHEREAS, the City's Parks and Recreation Comprehensive Plan Policies 5 and 6 calls for the City to acquire and develop a continuous public greenwayand pathway system within Mill Creek Greenway corridor; and WHEREAS, significant public interest exists in the Greenways for recreation, fish & wildlife, storm water management, non-motorized transportation, education and open space; and WHEREAS, a broad cross-section of Woodburn has expressed interest in Greenway issues including Woodburn School District, Scout Troops, OSU Extension, Silverton Hospital, Woodburn. Downtown Association, various Greenway neighbors and Marion Soil and Water Conserv,ation District; and : ) WHEREAS, the National Park Service Rivers and Trails Assistance program provides technical assistance to local communities to help accomplish specific recreation and conservation projects; and WHEREAS, the City of Woodburn. d~ires to participate in this technical assistance program to develop a master plan to guide the acquisition, development and operation oithe Mill Creek Greenway; and . WHEREAS, the Woodburn Recreation and Parb Department has submitted to the National Parle ServiCe a letter seeking assistance and will provide staff support and coordinate community outreach for the project; and WHEREAS, the Woodburn Recreation and Parb Board has reviewed the Recreation and Parks Department's letter seeking assistance from the National Parle Service and supports the project; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: That the Woodburn City Council supports the Recreation and Parks Department's letter requesting technical assistance from the National Park Service. Approved as to form:2J.~ ~ ~ ... . N. Robert Shields, City Attomey "],..tS- Z()O~ Date i ....-. Pase I-COUNaLBD..LNO. 2467 1lBSOWI'ION NO. 1732 "" T , , , . ( '. . ) , ....- Approv Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the City Recorder ATIJm: ~ ~~ Maiy City Recorder City of Woodburn, Oregon Pip 2 - OOUNCJL au NO. 2467 R.B8OLtmONNO. 1732 July 28t 2003 July 30. 2003 July 30t 2003 July 30. 2003 \ l' r T SU EXTENSION SERVICE MerIon County r ' t J . OREGON STATE UNIVERSITY MaIIng address: PO Box 7595 Sf->. Oreoon 97303-0161 -.' Site Address: Marton County Fair BIdg KK 0I'eg0n State FaIrgrooods 2330 17" St IE S8Iem. ()regon 97301 ~'--_ SOM87-7897 FIx: (808) .1. IIlII: ~tatA.edtI July 18, 2003 Randy Westrick Recreation and Parks Director City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 Dear Randy: This letter Is In support of your request for technical assistance from the National Park Service to develop a Mill Creek Greenway Master Plan through the national park Service Rivers & Trails Program. This effort directly ties to my work with Sustainable Communities to build capacity. Improve livability and quality of life In Marion County rural communities. Speclflcally, I see us linking In a number of ways on other projects that I either manage or to which I am connected: 1) Cascade Scenic Railway. Inc. passenger excursion service, when operational. wlO bring visitors without vehicles to downtown who are willing to e>q>lore community trails and other economic activities In Woodbum. There are also several economic development projects and educational components that link with Chemeketa Community College Woodbum Campus. 2) Restoration Wednesdays Youth Watershed Education and Work Program - High schoof students hands-on work and learning about natural resource enhancement and management and Its role In creating a sustainable community In harmony with Its environment 3) TItle III After-school watershed Education activities could also Include a laboratory opportunity for the Watersheds, Wildlife and What-Not after-school science class. but a special program for Woodburn students can be created (and supported through this grant for transportation and other educational costs) so that youth can be involved from planning to Implementation to maintenance of the greenway. 4) The SHver Falls Tour Route, of which Woodburn Is the anchor community, will be working to upgrade their national status as a scenic route. It Is also tied to T-21 funding for potential enhancement projects with communities along the route. 5) Ongoing work with the Pudding RJverWatershed Councl and its efforts to complete its assessment of the watershed can help bring other local partners to the table. Additionally, Randy, I would be willing to serve on an over site planning committee as well as assist In facilitation and outreach to broaden the partnership with other regional entities. and . can contribute up to 3 hours per month of my time to the project. Please let me know if I can be of further assistance at this time. Best regards, Z/M C#~. Dan Hoynackl AgrIccAn, 4-H Youth. FemIy' CclmInIdy 0eveI0prnn. Forestry and ExteneIon See Grant ~ 0Iwg0n 8IatI~. UnIted Stattt 0epIItmInI<< ~ and Oregon oounIIeI coopaIIllg. 1be 10ft 8IMot off_III pqrIInI and materlall equaIIv to .. people. l' n T ,.Jul(wi/a ~f(..r fin' II E/:\LTl--l .ill.1 ,.dEI)/( ~/NE 693 Glatt Circle Woodhum. OR 97071 Diagnostic ImaRing Suil,,' J (501) 981-4862 Women'. Healthcare Professionala Suite 2 (503) 982-0828 Center POl" Womens.. Health Suite 3 (503) 982.4871 Medical Specialists Suite 4 (SO]) 9&2-4878 (... - \ Nutritional Counseling ; ,Suite 4 '. . (503) 982-4879 Community Health Education & Outreacb Suite 5 (503) 982-4571 ........~ . July 17, 2003 Randy Westrick. Director Woodburn Recreation & Park Department 270 Montgomery Street Woodburn, Oregon 97071 RE: MID Creek Greenway Master Plan It Is our pleasure to offer support for this extremely worthwhile project which wiD enhance the health of the community. Tukwlla Center For Health & MedJcine, as a part of Sllverton HospItal, Is proud to be a Iong-standlng-partner of the CIty of Woodburn In co-sponsorlng the Annual Walt's Run and providing financial assistance to such projects as the Gazebo In Settlemler Park and the newly-opened Skate Park. Our many collaborative projects with the City and Woodburn Together to promote the livability of the community m support of children and famines certainly help make Woodburn, "The City of Unity", a community that truly values its diversity and provides actlvlUes for all. Our Center provides many programs for the enhancement of the health of our various populations. Many of our outreach education topics, such as Diabetes, Cancer and Stress Management constantly preach the edict of nutrition and exercise as a way of combating or preventing disease. The ~ ofTukwiIa ClinIcal Weight Management and the Tukwila FItness Center would benefit greatly from additional traUs and walking spaces. CUrrently there are few places In Woodburn to be able 10 walk that are not sidewalks bordering busy streets. Most of the clients that we see In our programs are either seniors or people for whom walking Is the best exercise either because of imitations caused by obesity or health restrictions. Providing a greenway would enable these community members to get the exercise they need In a very pleasant local setting. Overweight and obEtslty are problems of mounting Importance and we fully support any and all efforts to make our community -exercise frIendIy". .." T": 1" .",........ We win also promote in the planning, construction and operation of the system through our community publications and visible visibility of our support in the meetings held here at our Center and would be wllHng to participate in any public forums or committees associated with the project. This Is really a good idea to promote the health and well-being of Woodburn's families and significant senior population and we will anxiously await Its availability for referral d our clients. Sincerely, c~~ Cathy HeJsen, RH. MBA Manager, Community Health education & Outreach ~~. ,BSN Director, Women's Health & Clinical Weight Management Program ( ) , I l' 1l . . . . . . Joan Oanal 1040 W1b01l WoocIbum,OR 97071 (503)9st,6140 ,,"- . July 25, 2003 Randy Westrick Woodburn Recreation and Parks Department 270 Montgomery Street WoodbU11l, OR 97071 Dear Randy: Thank you for telling me about the City's plans to create a master plan for the Mill Creek Greenway. Our family has lived next to the Hermanson Park m section of the Greenway for the past 13 years. The Greenway has a great deal of potential to give all of us in Woodburn a place for recreation, walking and bicycling and to enjoy nature. \ ) Our neighborhood has many families with children. We have no developed parkland or schools where children and families can go to play. The Greenway properties hold potential for playgrounds, playfields, picnic areas and other recreation facilities that our neighborhood needs. Completing walking and bicycle traiIs will provide our neighborhood with needed links to the rest ofWoodbum. Many of the streets in our neighborhood were constructed without sidewalks. These trails will give families safe places to walk and bicycle. Again, thank you for making US aware of this project. Wo look forward to participating in public meetings that will shape this plan and seeing tho Greenway developed as a place for families. p~ Joan Garren "J"~' .: ." ':;, i~~"II\t.;.:(,f'i,"'.',.. ~~.t\, '....x1lOl..., ...'l,..... "',1 '. ," !1t"" ~t.;7 ....'" '.' \, l...f ':; ,\./:." '.' , . . ,,~; .:' .... '~:,:,~: t,,:: ',,:-:: " ~\'. J,... ,...., w- I ) . .," ," ~ I. t ~~4' .~.. T;~ t I. J.. . }.; " ~: " ....,. \', .~'. "I, ....,~:'t~. . -',' .. ~:.. . .... .' ;:, l' ~ . ". . .... . . . . . . . . . . . . . . . . . . . . . . . . ,., J'!' T . 9 /- ". tl Marlon Soli and Water Conservation District 3867 Wolverine St NE, Suite 16 · Salem, Oregon 97305 · Phone (503) 391-9927 . Fax (503) 399-5799 National Park Servicet Assistance July 28, 2003 To Whom It May Concern: The Marion Soil and Water Conservation District submits this letter to you in support of the City of Woodburn's grant application to develop a Greenway Master Plan. C' ) Part of the mission of the Marion Soil and Water Conservation District is to support residents throughout Marion County in developing riparian areas and greenways. The District does this by providing technical assistance, education and assistance in obtltining grants or cost share funding.. Randy Westrick, Recreation and Parks Director for the City ofWoodbum, contacted the Marion Soil and Water Conservation District in June 2002 for the above mentioned assistance with the Oregon Watershed Enhancement Board's Small Grant Program. After discussion with the USDA-Natural Resources Conservation Service, it was decided that the Wildlife Habitat Incentives Program (WHIP) would better meet the needs of the City ofWoodbum. WHIP . p.rovides funding for the purchase and installation of plants in riparian areas. Projects like these are also important to water quality and wildlife around watersheds. The City of Wood bum's WHIP project began this spring with a 2.S-acre tree planting project, and it will continue over the next few years with other watershed restoration projects along the Mill Creek greenway. The City of Wood bum is part of the Mill Creek Watershed, which is part of the Pudcling River Watershed. Mill Creek flows into Senecal Creek, which in tum flows into the Pudding River near Aurora. The Pudding River Watershed is habitat for the Upper W1llamette Stee1h~ listed under the Endangered Species Act. The Pudding River is also on the Oregon Department of Environmental Quality's 303( d) List for water quality limitations due to bacteria. high temperature and toxins. Finally, a few miles below Aurora, the Pudding River discharges into the W1llamette River in what is known as the Newberg PooL The Newberg Pool area is presently under intensive study to determine the cause of fish deformities. The City of Wood bum has been proactive towards streamside management and improving riparian habitat, and the Marion Soil and Water Conservation District is committed to helping them reach these goals. The National Park Service's grant would greatly assist all the stakeholders to address these watershed and riparian concerns. Sincerely, ~~~ Monto Graham District Manager CONSERVATION. DEY&LOPMEHT. 8aF4OVERNMEHT ... ..... . ,.,---,'. { I INSTITUTE FOR ARCHAEOLOGICAL STUDIES 4235 S. W. WESTDALE DR. PORTLAND, OR. 97Z:U 503--292-59862 July 3 J. 2003 Mr. Randy Westriek Recreation and Parks Director City ofWoodbum 190 Oarfield Street Woodburn. Orqon 97071 Re: Master plu for tho Mill Creok Greenway Dear Randy: 1banJc you so much for keeping us infonned on the City's plans for the MiJl Creek drainage. ~ )'Ou well know, this is a phenomenally important paleontolOgical and palcoarchaeological resource area. Please teel free to share OW' annual reports with NPS. The fact that the Mill Creek area of Woodburn lep'CSCats an inlad stratigraphio record of the last 12.000 years is iinprcssivc enough. ( -) But, when )'OU add the mcgafaWlal, botanical and archaeological material contained within these strata. the Ilea's significanco can not be ignored. Additionally. as 1hc Woodbwn area was impIcte4 by the Missoula floods. the drainage also has sisnificancc for any Ice Ago Floods inteIpredve wort. Obviously, the flood deposits ale also intact at Woodburn. A1J 1 discussed with your planners at one pojnt. this drainage would be tho ideal location for III iaterpretive center. lbe location of tb$ Mftl Creek drainage puts it less than 30 millUtel &om Portland. only 4 mirnttes ofl'lDterstate S, and near the Ore,oD 0anIeas. no area.. intact soils, contafniDl pelentolosicaJ, botanical and paleoarohaeolopcal deposhs are easily interpreted. and are oxb~l\ely aipifioant 10 RJ8C8rChcn today. A Rancho LaBree type of outdoor interpretive area would be wonderful, especially when linked to Indoor oxbibjtio.. oftlJo JOSfon Q it went through changes tom U.OOO yBP UDlil today. Please do aot flesttate to let Nl'S know that tho S1atc repository for fossils will happily iDItaU ouibitt ofmega&una, assist with lisnase. lid develop diorama for your audience. IAS. of ~. wiD be delighted to usist with the arohaeologica1 component Good luck witb ~this~cavor, ACJ. ~~~' /', ~~ /ff . Alison T. Stenger, Ph. D. Direotor of Research l' 1"' T . ,-' "" j ~ \. . Pudd~River WATBRSHED COUNCIL D. Randall Westrick Woodburn Recreation and Parks Department 270 Montgomery Street WoOdburn, OR 97071 Mr. Westrick. ~, July 30. 2003 I was pleased to hear of your proposal to develop a master plan for the Mill Creek Greenway. I work for the POOdi...g River Watershed Council, a group of volunteers interested in stream enhancement projects. The watershed council supports projects that will improve the quality of streams for the benefit of recreation, wildlife enhancement, and impoved water quality. Woodburn is an important wban center within our area of interest and we would welcome an opportunity to be involved with the proposed Greenway planning and development (-) " l During the past year I have worked with a local school on Mill Creek supporting their science education program on the natural processes of that stream. I am also a Soil and Water District employee~ and I understand that in the past year~ the Marion SWCD has also supported planting and restoration activities in that stream. Through local'collaborations like these~ I hope that Woodburn Parb and Recreation will be able to provide residents with these Vision increased recreation opportunities and uatura1 area enhancements along Mill A sustainable Creek. . healthy watershed Mission The ~ River Watershed CoundI wiD provide opportuDltJes for diose who JIve. work. play, ancI derive beneftts fronj the . Pucldlns JUv. Watershed to cooperate In )JfCIIIlOtIng the hearth of the Watershea. and the social and economic benefits to the communJUes. and to protect and enhance the environmental. historical. and cultural aspects of the watershed. 38e7WwdneS1reet~ Salem. ORsowee.S818 Sincerely, Scott Eden Pl1dding River Watershed Council Coordinator ,T "" T , ... . , r' "'" { ; D. Randall Westrick Woodburn Recreation and Parks Department 270 Montgomery Street Woodburn. OR 97071 Dear Mr. Westrick. It has been brought to our attention that the City of Wood bum is seeking to expand on the Mill Creek Greenway project This is a highly important project for the community as a whole and will increase the opportunity to expand educational opportunities for everyone. The importance of the Greenway and the Archeological sites along it may provide an opportunity for expansion of educational programs. ( ') , - We consistently seek opportuniti~. tc? develop partnerships in an effort to expand educational opportunities for the W oodbum community. The Mill Creek Greenway project will provide an opportunity to expand that partnership. The continuance of Archeological digs is important as well as other activities-such as health and fitness trails and nature studies related to the ec0- system. These opportunities will be available for everyone in the community and will greatly enhance the quality ofHfe for everyone. Chemeketa Community College will work in a-partnership with the City of Woodburn in offering any educational opportunities that will benefit the community and serve the mission of the college. Sincerely. . ~~ IkA H FrankJ.in. Director Chemeketa Community College Woodburn Campus ; WOODIURN e&nER I 120 E. tNCOtN STREET I WOODBURN. OREGON 970711 PHONE: 503-981-8820 " T'! T " '.. ," 1 \ Woodburn Downtown Association P.O. Box 349 Woodburn, OR 97071 Tuesday, July 29, 2003 Randy Westrick Recreation & Parks Director 270 Montgomery Street Woodburn, OR 97071 ., The Woodburn Downtown Association has learned that the City has requested technical assistance from the National Park Services's Rivers and Trails Program to develop a master plan for the Mill Creek Greenway. The Downtown Association is in support of this request. ( ) The Mill Creek Greenway provides unique opportunities for nonmotorized transportation in our community. In fact a tributary of the creek passes very near our downtown district and will create valuable link between downtown and residential areas. An asset such as this will bring a collective benefit to the community at large. CUrrently there is no defined walking area in Woodburn. We have several tree lined streets, but many of them have high traffic. The opportunity to develop a low noise, no traffic walking and biking path with water would enhance the livability of Woodburn. OUr Association looks forward to working on developing the plan. We look forward to working the City as well as other organizations and individuals to create this plan. ~ Bruce Thomas President of WDA .' .' .... ... " l' r T ". / " i .> Memo WQQD~UiN IncD'~D'4t" 1889 1lB:RBA'IDJ AND P.AlU<SDEPA1OMI!NT.mM:NrooMmlysnumr. WOcaIuIlN, C>tuJ::n.I 9IU71 ~ (503) 982-5265 · FAX: (S03) 980-2448 Dater February 26, 2004 To: FnNn: SubJect: Greenway Task Force _ ~ ) D. Randal Westrick. Recreation and Parks DlrectortlP"" VIsIon Development In additioo to the general direction the 1999 Plan Update provides, the Recreation and Parks Board and an Informal meeting of Greenway advocates have established a list of Greenway issues. This list is outlined below. The Task Force Is encouraged to review and amend the list () · Seniors · ScIentific · Public Utilities · ' WatBr Quality · Transportation · Wildlife Habitat · Private Property With consideration to the general policies and standards from 1999 Plan Update as weD as other Issues Isted above, the Task Force Is encouraged to develop an over-archlng vision statement that desa1bes what the Mill Creek Greenway wilt look like and do for Woodburn when complete. The Task Force may want to discuss this Item at the March 2, 2004 meeting and finalize the statement In AprD. · Stewardship - PubDclprivate · ArtIphotography · Education: K-12, regional, statewide · Open Space .....-T ___ .... 19ffJ Itllltlli( ifUrrUiun ]U i f (p, t p, . r~Jllu~UI~jil 1.1 r,4urr ( ~ Ii: f l l f I J" P, , ~ ilUilt~IUt I Ji ~il'!' (Iii IJUUIH fi __PO -( l- f rli ffUfU[~ IIII! 11IltlllfJirflfJtftJJ~l .a: i I I lll~f Iii 1(1 i r ... ... ~ ~li.~ IJi U1illU fUUlii \ ~ wi ; .ai ir . Oi=~ Uti i Ii 9 . ~ I 2- .( lr ~ ~@ i I 8 !! ! f 2- (ir lWI ~~ II I ~ijif~lflfi li(l( lirr ~ ~" a' a co }1 i CIQ a. -011 U0fr1nf i(li I 1( f ,.. J . a f~ is ~ i ! g~' 0 r[UH jll f. fiUli' , ) ./ pt.Jn ti~ i' '" m T Memo WdODlrV~N 1~'O'pO'Ate4 #189 RocR&"IDoIANDPAJU<SDEPAJmerre m~S1RPm'. WooofluRN, 0R00cI-I 9IU7t T1ll; (503) 9~S265 · FAX: (S03) 980-2448 r-') ~ J , . Date: February 26, 2004 To: From: Greenway Task Force ) D. Randall Westrick, Recreation and Parks Director ~ Task Force Roles SubjectI Task Force members were recommended and selected who expressed an interest in advocating greenway development or have a speciflc area of experUse to contribute. To accomplish speciflc tasks for the plan, staff suggests the establishment of W ork Teams. Below are a Osting of Work Teams and a description of their duties. ( ) Inventory Identifies needs, opportunities, restraints, e.g.: . Barriers . Property Ownership - Private/public . Opportunities 0 Scenic view points 0 landmarks 0 H'lStoric features 0 Natural significance 0 ReaeatIonaIootentlal '^" y...y Public ooillon Workshop NatIonal TraI Day (June 5, 2004) . PublIc ilput Charette . FIeld events Others? Outreach Informing Woodburn about plan progress . RecreatIon Reporter . 0uarterIy Newsletter . Print & electronic media . Dlsplayelbooths 0 Fourth of July 0 La FIesta Mexlcana 0 Berry Festival 0 VIva La Indeoendencfa Earfy ActIon . Uvabllfty Task Faroe Clean up clays - spring and fan Projects . Hermanson Pond WHIP proJect l' r T ~:::i.l iJ!f ~ . ... ~ .~ ~ .. ~\~ ~ ~ ~ ~!J l' r T .. ~ o a. c- z C ~ ...., " - :J ~ 5. I ~ ~ -c s. s: ID o III X- (J)"l:l en ~ ID (I) '" :J (I) a.:::::s ~~ QA) m,< ~ o :J I rO-j I"':. rOO! D ! j,. I i ! i ~~.. i : L.J' =_oJ ~ TI ~ 0" 0 n 0- n lil 'U <il <i\ iil <II '" 'S. '" I/O TI ::;t 0" 0 fr 0- S. 'U iil III 5' _. '" '" -0 n s:: III ~ III ~ '1:l '" r < ~ iii' '" ~ r- CD CO CD :J a. +2 ;a ~ CD '1J-' z ~ ..., !e. ~ it 0 5' ~ 0 "Ceo s: - 0 {j ~ ~ 0 z CD Co g ~ c5 0 a. o ~ -. (J)~-g= () 0 -. 0 ~..., 0 ::J ro ~ ::J (J) i5 (J) Q) :s, ::J a. ) >l- -0 -0 0 0 -0 "'0 0 0 (// (// ro ro CL CL }> }> g () () ro ro (// (// (// (// -u I z !:ll 0 "'"' ^ -0 ! ::;- III (Q "'"' ^ II 5' I, (Q " !J . ~ -0 z 0 0 l:) m 0 0- (// r0- C\) CL r -0 III ill ::::l CL '< 3 -u III 0 "'"' ::J ^ o. m .D c -0' 3 ro ;:t . I . i . I . . i . I . . -0 (3 l:) o (// ro a.. 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I ..._...1 L.__ 0 s: s: ." ;::i: c '< .-+ 0 0 c c ro :3 ro ro ;0 ;::;: (() (1) (j) T T 0 ." ).lo llJ 0' 0.. 0 ;1 0.. -0 rr iil c S ~ (1) (fJ I LJ (f) "1J 0 () (\) ;::;: :::r -., '< 0 @ 0 0 (jj' ~ ::J (() 0.. +z r III ::J 0.. M ill ere e k Legend G reenw ay North M illCreek E XEtilg C and :it'ons and p ruposed 0 ptbns (1eSJJs ofillle 04 W a1<S1qJ) Note: Map Not to Scale :X r-----' Existing on-street bike routes and paths . . Mill Creek Floodplain L__._.1 Proposed Access-No Parking Proposed on-street bike route Existing off-street paths Proposed off-street paths Proposed Multi-Use Interim Route Future Road Mill Creek & Tributaries ,..-..--, . . City Limits I._.._...i ..-. Proposed Access-Parking !-!-!. Jr + 11 Proposed Crossings City Owned Land ~ T !!fl!!! L,';:s,'\,\l Parks Notable Landmark _ Schools Proposed Play-Picnic Equipment .. J Mill Creek Greenway Central Mill Creek '. Existing Conditions and Proposed Options (Results of June '04 Workshop) Note: Map Not to Scale Legend r'-'-'~ L._._.I Mill Creek Floodplain 1l Proposed Access-No Parking . . . Existing on-street bike routes and paths Proposed on-street bike route Existing off-street paths Proposed off-street paths Proposed Multi-Use Interim Route Future Road Mill Creek & Tributaries Schools ..-. Proposed Access-Parking .- .- .. '..--11--1 =, : City Limits --..-... Jr + 11 Proposed Crossings City Owned land ....... ~\......\,.\\ ...,.:\\\\\\,..\,\\, .. ..':\~<':\.::::.><<\~~ - Parks 1 T Notable landmark Proposed Play-Picnic Equipment .. - Mill Creek Greenway South Mill Creek Existing Conditions and Proposed Options (Results of June '04 Workshop) Note Map Not to Scale . . . 1\ Proposed Access-No Parking .... Proposed Access-Parking .- .- .. --- Jr Proposed Crossings ....... ======== + Notable Landmark 11 Proposed Play-Picnic Equipment Existing on-street bike routes and paths Proposed on-street bike route Existing off-street paths Proposed off-street paths Proposed Multi-Use Interim Route Future Road Mill Creek & Tributaries ~-----1 Mill Creek Floodplain L_____ p..-..-., .. : . City LImits .._.._...i City Owned Land t',\,,\,',',\',\:',j Parks N ..>~':'\'\\\\<\:.":,< _ School, + Mill Creek Greenway Master Plan Draft ..~,~O'~i"''''lItQ''''~t;:':'''i,i''-"L ", ,..t ,4 " ~ WQ.QojjJRN In'iJrl'iJr#I., ffljq RiversJrails and Conservation Assistance t-- . Advisory assistance c:nd counseling . link parks, schoolyards, open spaces and residential areas with safe, quiet greenways; . put sparkle back into neglected wa1erways; . restore significant cultural and historic assets; . recycle abandoned ralways into trails that link neighborhoods and communties; and . reserve q>en spaces for future generliions . Alexandra Stone assigned to Wooobum's project 1999 Parks and Recreation Comprehensive Plan Update . Policy 5 - Management Corridor as Greenway . Habitat preservation . Flood control . Cycling and walking on all-weather pathways . Nature recrealbn and education . Limited playground . Policy 6 - Continuous Pathway Systan . Seek dedication of floodways & creek corridors . Natural areas . Neighborhcod recreation . Open spa::e Greenway Task Force Established . Mayor Appointed . Varied memrership .Educ atDrs .Green way neighbors .Seni ors .Scie ntists .City dep ar1ment .Govemm ental agencies .Interested p ublle .Youth . Thirteen Basic Issl.eS _ Storm water ma nagement - Recrealion - WildlWe - Non-motorized transportation _ Outdoor R ecrealion - Private propertyconcefns - Scientific exploration - Education - Utilities - Water quality -Arts - Hislort 1 l"f T Resource Inventory . Walked (with permission where necessary) length of resource - south to north . Field notes . Constraints . Opportunities . Unique features . Barriers If : . /;,- q~r' :: " . 1~~ f .\~, ~~ , ... ll-t"'-h-'*m . ~~.'" ~ ~.y ~:~~~' ~~!: ' Public Design Charette . 25 Parti~ants . ConcentraEd on Planning Units . South . GenITal . North . Stubb Creek . Goose Creek . Specific Recomrrendalions for Activities & F ocilities Public Survey ~ I; ~ ,.>.t; . Distribution . Water bills . Recreation Reporter . Newspaper . Download from web site . Nearly 300 responses . Opinions .Activities .Faciliti es 2 TIT r _System-wide Conclusions &_____ ________ Recommendations . A "backbcne" multpurpose trail is needed from a10rg the main stem from Hermarson Pail< III to the north City limits and along both tributaries. . Paved . 810 12 feet in widlh . Integrated sign system . Directions . Mileage . EnYironmentallhistolic Inlllrpretation . Rules & regulations . Rest stations are needed every at Y. mile intervals . Benches . Trash cans . Developed pail<s can offer restroom; South Planning Unit . South City Limitto Cleveland Street . Hermanson Pord . Hermanson Park I, II & III Transition Nodes . Hermanson Park III . Developed pail< areas to natural areas . Cleveland/Front St. . System enters variety of destinations .Dow ntown .Lac omotive Pari< .SetUemier P arl<N/MAC Scenes in the South Planning Unit , 11 3 South Planning Unit B .$> Central Planning Unit . ClevelandlWVRR to Hardcastle . Wyffte Par',( . Lincoln School i Conclusions and Recommendations for South Planning Unit . _ Polk I (oorth) haa potentiall", dowioplrelos a tmaI naigItlot1ood plllk. l""""""",shoJId include 111 "....,. p1ll'fl1l1111d, picnic:faclties andaplayfield Hennanaon PlIll< II has potential to be ~ os a pIayfiold HIl1TIlInIOl1 PlIll< 111,_ Pond lJ1d 1110 __ south 01 1110 Pond shoUdbe relatively ~an:l....primarilyinanallnl slall. . TwopothwaysshoJldbebuilt"HennanaonPlIll<lII",,_..ollhoCl1llk. Thisincloo..a ITlOllI pirrillw wailing orly path on tho _ side 01 tho CI1lIk a:la rnuItPe ll80Ipawd pith "" lho_lida. . Palhwaya lOll'.I1d lJ1d I4"Iroam from tho Pond sI10lJd II waI~ng pllht orly. . Tho Pond sI10lJd be da<!>onod, lII1iaIolod nl weir i_ to _ a'sholy. . Tho Pond shoUd incIudla flaling pier and wlldifo lowing slalon. . The ~ Pond.. could be ~ into a 11ID.n trail ttat desalbe& the wetl8l'ldlllhlbitat ...tonIlionpoojact_f"'.........OS. . A c:ontillUOUl rnuItPe utOIpawj paIhway IlhaJd"""", lIvoJgh iii, secIion to _III but no! beyond Scenes from the Central Plannin Unit 4 11 T Scenes from Central Planning Planning Unit Mill Creek S. of Lincoln North Planning Unit . Hardcastle to Nort~ City Limit . Legioo Park . Woodburn Higl School . Connect to Tukwila Trails . Min Creek . Goose Creek Wytlle Park I == ~::::::: ==-:=-="'-6::- I-:=:- r -- :::s:::::.- .:-- ___=.. . _ .,~,_,~,,_ _-.1 --.....- . --- " Conclusions and Recommendation~~n for Central Planning Unit Comdons to... .." 214 biMllidMlIIt 1JIIlm.. lIMdM F....~lIlo..Frartsn.IIndUPIMinIIlION'p...lholMiIlc:M'-bi;ydt1rld ptdMN" ......... prOlIidI.COIIlIinUOUl,ofIR*1p.... . lIgIon Milan, pIiIt nltil UnillndproWhl cwatuniliMfarvillll point., .....dI, I'WlIOInIlnd -...-. . ~..........,prcMdeinbmliDnr....pMonk:*lgicll qJIonllionin lhep.....d....1lIItId _l The 1IHndontcK:itr~...... ~t"lIl on...... .... could Mrft _......4 PIIk fdllllIlcdd M""" d.. w,fII "-t. ACOIIliutlllndipllllll,...........,.halJd CNM twoughltil MClkln The...." ofthl coniclar II........ LincaIn md YOU.".._wry l1li plMtownnhip 0Ia:c-. ......... nlMdecl. flIighboring ~OIIIl'PllfltoprcMdl pIbk IcceI$lnd ~ Ill: __IICI'pweh.oIPfOI*IY. n."'''''*iColmlulierCh!oRh'''potrill. ........ a,....... proper1p on GIIr:h &net _11Mi pc*n....lD prwidI Ch...., .""Grt..... u:h. 1m hem <<nt.d. ..........".... CIpfIOl'tlRIiMeliIlinthil urt:...pningthlllldml... The...... V., R8hId ...,............ __ to. conlInuo... aff'i'OlldnMli. M ....... anof08drOlltllilprClpOMd.,.... to be IrfrOMd 1lfllI. tunnII c..becolllWctld North Plannin Unit Legion Park 5 North Plannin Unit Woodburn High School North - v" South Conclusions and Recommendations for North Planning Unit . Work with the developer.; and homeowne(s associations to make permanert pubUc access along existing paths. . The Woodl1Jm High School creek corridor has potential to be used as an ou1door laboratory for biology, ecology and paleootology. . Pathways i1this section need to be I1llltiple use paved pathways that connect to existing sidewalks to allow for safe passage through fle UP mairlinelFront StreetIHwy 214 com~ex. . The north em extents of the trail have the potential to connect to a regional system that would extend northward to HublJlrd and Aurora and tte Pudling River as proposed within the Marion County TSP. , North Plannin Unit North to City Limit - on to Hubbard West Tributary . Brown 81. - Parr Road . Settlemier Park . Valor/Helitage Campus 6 n , ,,~'" "\l!r'~ -- - ---'--- Scenes from West Tributary West Tributary - "Headwaters" I - ," -~, -- Settlemier Park West Tributary Evergreen Linear Park 7 Conclusions and Recommendations for the West Tributary Planning Unit · lorG I1rlgOpInq 11_10_. oIJelegy lheI oiII>RMdo._ po1hwey lIIorg tho aeek at ~PmIIInIInoIFront Strool · M _ ,*,-1I_etorv CIMIend IhlIIpnMdoe wSIng rdbicyde _rd81 -oefetycroaingat~P_RIIll_ · Hlotaic irIeopIeIeIion ~ _ in L-..oIIvo PeIIregenIng tho steam lIlVno. SP17B5. . n.~_IoIirl<__l1cUIngtho_-.clvlcbUklngs. WMAC._Palk rdtho ChemolceIe CommleityCollogo-. · --Perk,tho,,",-_loboirlcedlotho_poo1ltnlllayolemirlducll>ol _10 WMAC._ Jorri1go _ Palk. v_ Nivtt Cenlor. pieygroLnd "'" pimic ohoIln. · n._pnIpilmodfarthoftood__cnCtyplq*\y_tot_ A......._oIlowopocofar.rrdlIpIe_poth. · NwConlllnni8lPalk,lhe__Ihvgh..-opodlBnUnd_lheCityHriIs but inoido tho Urblw1 GIM18olr1do1y. n.1Md.. dooigreIion far IIU pIq*\y it_. MIIi. plq*\yi. _"'" doY8Iq>od, tho City 1hoIJd_ otplq*\yfOf .c:cntiruIJa""'~'"'" · ~..11lOdod 10 CentomaI Palk, tho Ho/lege EIemoIUyNoIOf MIdcte School _""'lheE__u-Palk. Scenes from Goose Creek Tributary I Goose Creek Tributary . WHS- Senior Estates Park . Tukwila Goose Cleek Tnil . French PraIrie MS . Uncal" ES Scenes from Goose Creek Tributary 8 Conclusions and Recommendations for Goose Creek Planning Unit · Work with the developa-s and homeowner's associations to make pmnanent public access along existing paths. · Maintain picnic facilities near the old cak tree. · Provide connections between the Flench Prairie Middle/Lincoln Elementary School campus to the Woodburn High Sctool campus. · Provide on street walking and bic.ycle facilities that will connect the greenway system to Senior Estates Park. L Connections & Crossings Connections & Crossings Connections & Crossings Hwy.214-Front-UPRR UPRR-Front-Hwy.2]4 (probablcinterimCJm.llin..ttem.live) (CUI rrom WHS) 9 Connections & Crossings (prob.blc con~to. to 000. Cr.) - Development Issues . Design Strldards . Tnil Surfaces . Site Arnen ities . Signs . Bridges . ADA Accessiblity Standards . Recreation F aciities . Play Areas . Picnic Areas . FIShing . Environmertallnlerpretation . Existing Natural Environment . CulturalJl1jstOlic . Pre-histlric Prehistoric Perspective . Pleistocene animals in Legion Park 10 IIIIl... -- I lopment Issues . ConnectMty . Within the 011 -road System . To existing 'On-road System . Regional Systems . Barriers . Rail . Major Roadways . Long-lllrmhrid-term Solutions . Plan Coordination . P&RCompPlan . TSP . S1o"" Water Funding Opportunities . Oregon Parks ard Recreation Depat1ment . Land & Water Conservation Fund .Feder aI - off-shore drimng royalties . Local Government Grant Program .Meas ure 66 - Lottery funds . Recreation Trails Program . TEA - 21 . Others . Oregon Dept of FISh & Wddife . Oregon Water Enhancement Board . Widlife Habitallncentive Program . Local . Pari< SDC's . Volunteer OpJXlllunities . Construction . Maintenance & upkeep 11