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September 13, 2021 Agenda ERIC SWENSON,MAYOR CITY OF WOODBURN DEBBIE CABRALES,COUNCILOR WARD I ALICE SWANSON,COUNCILOR WARD II CITY COUNCIL AMENDED ROBERT CARNEY,COUNCILOR WARD III SHARON SCHAUB,COUNCILOR WARD IV AGENDA MARY BETH CORNWELL,COUNCILOR WARD V BENITO PUENTE JR.,COUNCILOR WARD VI SEPTEMBER 13, 2021- 7:00 P.M. CITY HALL COUNCIL CHAMBERS-270 MONTGOMERY STREET 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: None. Appointments: None. 4. COMMUNITY/GOVERNMENT ORGANIZATIONS None. 5. PROCLAMATIONS/PRESENTATIONS Proclamations: A. Hispanic, Latinx, and Indigenous Heritage Month 1 Presentations: B. Woodburn Ambulance C. Legion Park Project D. Economic Development Update E. COVID-19 Update This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at 503-980-6318 or Statewide To//Free Relay (800) 735-1232, at least 48 hours prior to this meeting. Si usted necesita asistencia especial, comuniquese al 503-980-6322 o a la linea telef6nica gratuita, (800) 735-1232, con un minimo de 48 horas, antes de la reuni6n. **Habra int6rpretes disponibles para aquellas personas que no hablan Ingl6s, previo acuerdo. Comuniquese al (503) 980-6322.** September 13, 2021 Council Agenda Page i 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 adopted by one motion. Any item may be removed for discussion at the request of a Council member. A. Woodburn City Council Meeting minutes of August 9, 2021 2 Recommended Action: Approve the minutes. B. Woodburn City Council Special Meeting minutes of August 11, 2021 5 Recommended Action: Approve the minutes. C. Purchase and Acceptance of a Public Utility Easement at 1560 W. 7 Hayes Street, Woodburn, OR 97071 (Tax Lot 051 W07CC07100) Recommended Action: Authorize the purchase and acceptance of a Public Utility Easement granted by The Diocese of Oregon, property owner of the property located at 1560 W. Hayes Street, Woodburn, OR 97071 (Tax Lot 051 W07CCO7100). D. Purchase and Acceptance of a Statutory Warranty Deed for Right-of- 13 Way Dedication at 1560 W. Hayes Street, Woodburn, OR 97071 (Tax Lot 051 W07CC07100) Recommended Action: Authorize the purchase and acceptance of a Right-of-Way dedication granted by The Diocese of Oregon, property owner of the property located at 1560 W. Hayes Street, Woodburn, OR 97071 (Tax Lot 051 W07CCO7100). E. Building Activity for August 2021 18 Recommended Action: Receive the report. F. Crime Statistics through July 2021 19 Recommended Action: Receive the report. 9. TABLED BUSINESS None. September 13, 2021 Council Agenda Page ii 10. PUBLIC HEARINGS A. FY 2021-2022 Supplemental Budget Request for Acceptance of Grant 24 Awards for Aware Food Bank Project, the Impact to the Building Fund of Increased Commercial Building Permit Activity and a Budget Transfer from the General Fund to the General Capital Construction Fund for an Upgrade to the Library HVAC System 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 No. 3164 - A Resolution Approving Transfers of FY 2021- 26 2022 Appropriations and Approving a Supplemental Budget Recommended Action: Adopt the resolution authorizing $250,000 additional grant revenue and appropriation authority to Operating Expenses in the General Fund. Additional transfer authority from the general fund to the general capital construction fund in the amount of $95,000. Increasing the Operating Revenue in the building inspection fund and Operating Expenditures by $4,500,000 to account for increased activity in commercial building activity. 12. OTHER BUSINESS None. 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. Call-Up Briefing: Planning Commission decision of a Design Review 28 associated application for Project Basle("Amazon")at 450 S. Butteville Road (DR 21-07, EXCP 21-03, PAR 21-01, PLA 21-01, RCWOD 21-03, & VAR 21-02) Recommended Action: Staff recommends taking no action on this item (not calling the item up for review). 14. CITY ADMINISTRATOR'S REPORT 15. MAYOR AND COUNCIL REPORTS September 13, 2021 Council Agenda Page iii 16. EXECUTIVE SESSION None. 17. ADJOURNMENT September 13, 2021 Council Agenda Page iv PROCLAMATION Hispanic, Latinx, and Indigenous Heritage Month September 15th - October 15th, 2021 WHEREAS,people who identify themselves as Hispanic, Latinx, or Indigenous from Mexico, South and Central America have contributed to Woodburn's history and successes since the 1880's, and WHEREAS, Woodburn honors their rich and diverse cultural heritages and historical legacies, and WHEREAS, Woodburn's Hispanic, Latinx, and Indigenous communities now constitute fifty-seven percent of our population, including leaders,policy makers, educators, students, health care professionals, military,public safety, the trades, business leaders and entrepreneurs, actively involved in our community and in mentoring our next generation; and WHEREAS, the Governor has proclaimed the month of September 15 through October 15 to be Hispanic, Latinx, and Indigenous Heritage Month, and Oregon proudly joins the nation in celebrating the rich cultures and histories of Hispanic, Latinx, and Indigenous heritages in Oregon. The State of Oregon and the City of Woodburn dedicate ourselves to working together to address the challenges that still face Hispanic, Latinx, and Indigenous Oregonians in equity and access to the prosperity of Oregon. NOW, THEREFORE, I, Eric Swenson, Mayor of the City of Woodburn, hereby proclaim September 15 through October 15, 2021 to be "HISPANIC, LATINX, AND INDIGENOUS HERITAGE MONTH" in the City of Woodburn, and encourage all to join in this observance. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Woodburn to be affixed. Eric Swenson, Mayor City of Woodburn 1 COUNCIL MEETING MINUTES AUGUST 9, 2021 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON,AUGUST 9, 2021 CONVENED The meeting convened at 7:01 p.m. with Mayor Swenson presiding. ROLL CALL Mayor Swenson Present Councilor Carney Present Councilor Cornwell Present Councilor Schaub Present Councilor Swanson Present-via video conferencing 7:22 p.m. Councilor Puente Present-via video conferencing Councilor Cabrales Present-via video conferencing Staff Present: City Administrator Derickson, City Attorney Shields,Assistant City Administrator Row, Acting Police Chief Pilcher, Community Development Director Kerr, Operations Director Stultz, Public Works Projects and Engineering Director Liljequist, Finance Director Turley, Community Services Director Cuomo, Public Affairs and Communications Coordinator Moore, City Recorder Pierson CONSENT AGENDA A. Woodburn City Council minutes of July 26, 2021, B. Woodburn City Council Executive Session Meeting minutes of July 26, 2021, C. Building Activity for July 2021. Carney/Schaub... adopt the Consent Agenda. The motion passed unanimously. PUBLIC HEARING Liquor License Application for El Perico—Mayor Swenson declared an actual conflict of interest on the public hearing on a Liquor License Application for El Perico and stated that because he operates a coffee shop and sells food in the same building he could have a private pecuniary benefit related to this matter. He stated that he will not vote on this item nor participate in the discussion and that Council President Carney will preside over the agenda item. Mayor Swenson removed himself from the Council Chambers. Council President Carney declared the hearing open at 7:03 p.m. for the purpose of hearing public input on a Liquor License Application for El Perico. Police Chief Pilcher provided a staff report. George Barajas, 4730 State Street, Salem, provided testimony in favor of the application. No members of the public wished to speak in opposition of a Liquor License Application for El Perico. City Councilors asked questions and provided comments on the Liquor License Application for El Perico. Council President Carney closed the hearing at 8:20 p.m. Council discussion included concerns about minors being allowed in and the City's inability to control whether the security measures discussed would be required to be implemented with the current application. City Attorney Shields reminded City Councilors that Police Chief Pitcher's recommendation is to recommend that the OLCC does not approve the Liquor License Application for El Perico based on the findings, however, the City Council may also recommend that the OLCC does approve the Liquor License Application for El Perico based on the findings. Page 1 - Council Meeting Minutes, August 9, 2021 2 COUNCIL MEETING MINUTES AUGUST 9, 2021 Schaub/Cornwell...that we deny the application for a liquor license based upon the attached findings. On roll call vote the motion passed unanimously. Mayor Swenson introduced Karen Linton who is acting as the liaison to the Woodburn Estates. COUNCIL BILL NO. 3159 - AN ORDINANCE ESTABLISHING AN ENHANCED PENALTY FOR AN INTENTIONAL VIOLATION OF THE TREE PERMIT REQUIREMENTS OF THE WOODBURN DEVELOPMENT ORDINANCE AND THE STREET TREE ORDINANCE AND DECLARING AN EMERGENCY Carney introduced Council Bill No. 3159. City Recorder Pierson read the bill twice by title only since there were no objections from the Council. City Attorney Shields and Community Development Director Kerr provided a staff report. On roll call vote for final passage, the bill passed unanimously. Mayor Swenson declared Council Bill No. 3159 duly passed. COUNCIL BILL NO. 3162 - A RESOLUTION INITIATING LEGISLATIVE AMENDMENTS TO THE WOODBURN DEVELOPMENT ORDINANCE RELATING TO THE TRANSPORTATION SYSTEM PLAN (TSP) Carney introduced Council Bill No. 3162. City Recorder Pierson read the bill by title only since there were no objections from the Council. Community Development Director Kerr provided a staff report. On roll call vote for final passage, the bill passed unanimously. Mayor Swenson declared Council Bill No. 3162 duly passed. AWARD OF CONSTRUCTION CONTRACT FOR THE I-5 PUMP STATION & FORCE MAIN UPGRADES PROJECT TO K&E EXCAVATING, INC. Public Works Projects and Engineering Director Liljequist provided a staff report. Carney/Cornwell... award the construction contract for the I-5 Pump Station & Force Main Upgrades Project to the lowest responsible and responsive bidder, K&E Excavating, Inc. in the amount of$5,309,625.00. The motion passed unanimously. AWARD A CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE I-5 PUMP STATION AND FORCE MAIN UPGRADES PROJECT TO MURRAYSMITH, INC. Public Works Projects and Engineering Director Liljequist provided a staff report. Carney/Schaub... award a Contract for construction management services for the I-5 Pump Station and Force Main Upgrades Project for $556,245.00 to Murraysmith, Inc. and authorize the City Administrator to sign the Agreement. The motion passed unanimously. AWARD A CONTRACT FOR ENGINEERING DESIGN SERVICES FOR THE YOUNG STREET SANITARY SEWER IMPROVEMENTS PROJECT TO PBS ENGINEERING& ENVIRONMENTAL, INC. Public Works Projects and Engineering Director Liljequist provided a staff report. Carney/Schaub... award a Contract for engineering design services for the Young Street Sanitary Sewer Improvements Project for $299,216.00 to PBS Engineering & Environmental, Inc. and authorize the City Administrator to sign the Agreement. The motion passed unanimously. CITY ADMINISTRATOR'S REPORT The City Administrator reported the following: • Extreme heat is expected Wednesday, Thursday, and Friday. The Library will be a cooling station. The City is reaching out to other community partners who may also Page 2 - Council Meeting Minutes, August 9, 2021 3 COUNCIL MEETING MINUTES AUGUST 9, 2021 be able to provide cooling stations. • Thanked staff that made the Fiesta happen. • The City is set to receive a $15 million state allocation to go towards the Community Center Project which will help bring the project into a state of final completion in terms of design and engineering. There will likely be Gap financing required to finish the proj ect. • Looking to bring a presentation on the Legion Park Project with the Parks Board in September. MAYOR AND COUNCIL REPORTS Councilor Carney complimented Chief Pilcher and his team for a job well done on gathering evidence for tonight's meeting. He also thanked other Councilors for their professionalism. Councilor Cabrales thanked staff for the Fiesta Mexicana. Councilor Puente stated that he was out of state during Fiesta but he saw it on Facebook and that it looked great. He noted that Legion Park looks great. He congratulated Councilor Swanson on her volunteer award. Councilor Swanson gave a shout out to Pastor Luis for what he is doing for the young people in the community. Mayor Swenson gave a shout out to Curtis Stultz for removing a swarm of bees from downtown. ADJOURNMENT Carney/Schaub ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 10:21 p.m. APPROVED ERIC SWENSON, MAYOR ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 3 - Council Meeting Minutes, August 9, 2021 4 CITY COUNCIL SPECIAL MEETING MINUTES AUGUST 11, 2021 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON,AUGUST 11, 2021 CONVENED The meeting convened at 7:02 p.m. with Mayor Swenson presiding. ROLL CALL Mayor Swenson Present Councilor Carney Present Councilor Cornwell Present-via telephone Councilor Schaub Present Councilor Swanson Absent Councilor Puente Present-via video conferencing Councilor Cabrales Present-via telephone Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City Attorney McKenzie Granum, Economic Development Director Johnk, City Recorder Pierson COUNCIL BILL NO. 3163 -A RESOLUTION TO CHANGE THE BOUNDARY OF-AND FORMALLY ACKNOWLEDGE THE CHANGE IN NAME OF THE WOODBURN ENTERPRISE ZONE Carney introduced Council Bill No. 3163. City Recorder Pierson read the bill by title only since there were no objections from the Council. City Administrator Derickson provided a staff report. On roll call vote for final passage,the bill passed unanimously. Mayor Swenson declared Council Bill No. 3163 duly passed. CITY ADMINISTRATOR'S REPORT The City Administrator reported the following: • With the Governor's new mask mandate all patrons who come into city hall or any other City building, including employees, will need to wear a mask. • The library and the aquatic center will remain open. • Asked that residents comply with the mask mandate so the City can keep offices open. • May have some employees work a hybrid remote work schedule • Still questions about what OSHA will do in regards to the new mandate. ADJOURNMENT Carney/Schaub ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 7:15 p.m. APPROVED ERIC SWENSON, MAYOR Page 1 - Council Meeting Minutes, August 11, 2021 5 CITY COUNCIL SPECIAL MEETING MINUTES AUGUST 11, 2021 ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 2 - Council Meeting Minutes, August 11, 2021 6 Iii♦ 4 B V' September 13, 2021 TO: Honorable Mayor and City Council through City Administrator FROM: Eric Liljequist, Public Works Projects & Engineering Director SUBJECT: Purchase and Acceptance of a Public Utility Easement at 1560 W. Hayes Street, Woodburn, OR 97071 (Tax Lot 051W07CC07100) RECOMMENDATION: Authorize the purchase and acceptance of a Public Utility Easement granted by The Diocese of Oregon, property owner of the property located at 1560 W. Hayes Street, Woodburn, OR 97071 (Tax Lot 051 W07CC07100). BACKGROUND: In order to construct the W. Hayes Street Improvements, a 5-foot wide Public Utility Easement is required along the frontage of 1560 W. Hayes Street. The value of the Public Utility Easement was proportionately determined from the latest land value information provided by the Marion County Assessor's property records. Total costs for Public Utility Easements are calculated at 50% of the most current land assessment values. DISCUSSION: The 5-foot wide Public Utility Easement is located along the property frontage, adjacent to W. Hayes Street. The acquisition of this easement will allow completion of the W. Hayes Street Improvements Project. The Public Utility Easement will allow a permanent easement and right-of-way, including the permanent right to construct, reconstruct, operate and maintain public utilities on the described land. FINANCIAL IMPACT: The cost to the City for the Public Utility Easement is $2,450.00 and will be taken from the approved W. Hayes Street Improvements Project budget. Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance—x- 7 Mayor and City Council August 23, 2021 Page 2 ATTACHMENTS A Copy of the properly signed public utility easement documents is included in Exhibit "A" and Exhibit "B". 8 AFTER RECORDING RETURN TO: Woodburn City Recorder City of Woodburn 270 Montgomery Street Woodburn, OR 97071 CITY OF WOODBURN, OREGON PUBLIC UTILITY EASEMENTS (Temporary and Permanent) DIOCESE OF OREGON AN OREGON NOT FOR PROFIT CORPORATION GRANTOR, grants to the CITY OF WOODBURN, OREGON, hereinafter called CITY, a permanent easement and right-of-way, including the permanent right to construct, reconstruct, operate, and maintain PUBLIC UTILITIES on the following described land: See attached Exhibit "A"Legal Description of Permanent Easement and attached Exhibit `B"Sketch for Legal Description of Permanent Easement which are by this reference incorporated herein GRANTOR also grants to CITY a temporary easement and right-of-way upon, across, and under so much of the aforesaid land as described as: It being understood that said temporary easement is only for the original excavation, construction and installation of the public utilities referenced above and upon the completion of the construction thereof shall cease to exist, save and except for that portion hereinbefore described as being a permanent easement. GRANTOR reserves the right to use the surface of the land for any purpose that will not be inconsistent or interfere with the use of the easement by CITY. No building or utility shall be placed upon, under, or within the property subject to the foregoing easement during the term thereof, however, without the written permission of CITY. Upon completion of the construction, CITY shall restore the surface of the property to its original condition and shall indemnify and hold GRANTOR harmless against any and all loss, cost, or damage arising out of the exercise of the rights granted herein. The true consideration of this conveyance is two-thousand four-hundred and fifty dollars ($2,450.00), and other valuable consideration, the receipt of which is acknowledged by GRANTOR. GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of the above-granted premises, free from all encumbrances and that GRANTOR and their heirs and personal representatives shall warrant and forever defend the said premises and every part thereof to CITY against the lawful claims and demands of all persons claiming by, through, or under GRANTOR. Public Utility Easements (Temporary and Permanent) Panni 1 of A 9 DATED this day of 2021. Diocese of Oregon, An Oregon not for Profit Corporation BY: C 00 CORPORATE ACKNOWLEDGEMENT STATE OF OREGON, County of MLk Vk. ) ss. The foregoing instrument was acknowledged before me this (2-44-,_ day of AnLs,t-tb d — 2021 by M:�45s&-- l e K :Lx4 of Dioc4se of Oregon, and Oregon not for Profit Corporation and the foregoing instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and each of them acknowledged said instrument to be its voluntary act and deed. - 0 U&4�� NOTARY OJBLIIY FOR ORE ON My Commission Expires: City of Woodburn 270 Montgomery Street OFFICIAL STAMP #my T7RAC'y LYNN ESGUERRA Woodburn, OR 97071 NOT F1 NOTARY PUBLIC-OREGON C COMMISSION NO.976175 OmmIs. My COMMISSION (Grantee's Name and Address) My COMMISSION EXPIRES J�ULY29,52022 By Signature below, the City of Woodburn, Oregon, Approves and Accepts this Conveyance Pursuant to ORS 93.808. City Recorder: Heather Pierson Public Utility Easements (Temporary and Permanent) Page 2 of 6 10 EXHIBIT A City of Woodburn Public Utility Easement SEPTEMBER 9, 2020 PUBLIC UTILITY EASEMENT A parcel of land lying in the SW 1/4 of the SW 1/4 of Section 7, Township 5 South, Range 1 West, W.M., Marion County, Oregon and being a portion of that property described in that Warranty Deed to The Diocese of Oregon recorded April 3, 1964 in Volume 584, Page 391, Marion County Records; the said parcel being that portion of said property included in a strip of land 5.00 feet wide lying on the South side of the center line of West Hayes Street, which center line is described as follows: Beginning at the center line intersection of Cascade Drive and West Hayes Street at Engineer's center line Station 13+36.84, said station being the southwest corner of the George Leasure D.L.C. No 78; Thence South 86'56'07" East, 2,603.38 feet to the center line intersection of Settlemier Street and West Hayes Street at Engineer's Station 39+40.22. Center line Stationing is based upon Survey 39225, Marion County Survey Records. The said 5.00 foot wide strip of land lays north of the following described line: Station to Station Width on South Side of Center Line 20+50.00 24+75.00 46.50' This description contains 2,000 Square Feet, more or less. Except that portion laying within the existing right of way of West Hayes Street. REGISTERED PROFESSIONAL LAND SURVEYOR L OREGON 0 0 JULY 12, 2005 Y 05 ItIL 12 C 'ERIC D. LYNCH L 56544 EXPIRES 12-31-20 J ti °+ 21100 a2+00 23f0 4+00 25+00 S 8656'07 E---�-- + ----i--- WEST HA YES S TREE 11.50' 5'00 .00' PUBLIC UTILITY STA: 20+50.00 EASEMENT OFFSET: 46.50' STA: 24+75.00 OFFSET: 46.50' TAX MAP 5SIW07CC LOT 7100 VOLUME 584, PAGE 391 MARION COUNTY, OREGON PUBLIC UTILITY EASEMENT 0 100NN 2,000 SQ. FT. +/- SCALE: 1" = 100' BASIS OF BEARINGS AND CENTER LINE STATIONING IS PER SURVEY 39225, MARION COUNTY SURVEY RECORDS. PROJECT NO. 0492-016 ®® " ORIG. DATE: 9/8/2020 LI UTILITY EASEMENT DRAWN BY: EDL I er, 6445 SW FAUBROOK PLACE, SWE 100 CITY OF WOODBURN BEAU TON,REOM 503) 5006 SHEET No. 2 OF 2 TEL WOODBURN, OREGON FAX (503)639-9592 Plotted- 9/14/2020- &59om, P.\0492-016 Clty of Woodbum - W Moyes Street lmprotan&nt9\dog\surv\0492-016 EAibltaa'wg, La}wh EAblts 12 Iii♦ 4 B V' September 13, 2021 TO: Honorable Mayor and City Council through City Administrator FROM: Eric Liljequist, Public Works Projects & Engineering Director SUBJECT: Purchase and Acceptance of a Statutory Warranty Deed for Right- of-Way Dedication at 1560 W. Hayes Street, Woodburn, OR 97071 (Tax Lot 051 W07CC07100) RECOMMENDATION: Authorize the purchase and acceptance of a Right-of-Way dedication granted by The Diocese of Oregon, property owner of the property located at 1560 W. Hayes Street, Woodburn, OR 97071 (Tax Lot 051 W07CC07100). BACKGROUND: In order to construct the W. Hayes Street Improvements, an 1 1 '/2-foot wide right- of-way dedication along the frontage of 1560 W. Hayes Street is required. The value of the right-of-way dedication was proportionately determined from the latest land value information provided by the Marion County Assessor's property records. DISCUSSION: The 11 '/2-foot wide Right-of-Way dedication is located along the property frontage, adjacent to W. Hayes Street. The acquisition of this right-of-way will allow completion of the W. Hayes Street Improvements Project. FINANCIAL IMPACT: The cost to the City for the Right-of-Way Dedication is $11 ,270.00 and will be taken from the approved W. Hayes Street Improvements Project budget. ATTACHMENTS A Copy of the Statutory Warranty Deed document is included in Exhibit "A" and Exhibit "B". Agenda Item Review: City Administrator_x City Attorney_x Finance_x 13 After Recording Return to: City Recorder City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 Send Tax Statements to: City Recorder City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 STATUTORY WARRANTY DEED Diocese of Oregon, an Oregon not for Profit Corporation, Grantor, conveys and warrants to CITY OF WOODBURN, a municipal corporation of the State of Oregon, Grantee, the following described real property free of encumbrances except as specifically set forth herein: Description: See attached Exhibit A and Exhibit B Exceptions: none The true and whole consideration for this conveyance is11� ,270.00. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. Page 1 of 4 14 Dated this day-of 12021. 4- Signed: GRANT R 01) P STATE OF OREGON ss County of Marion This instrument was acknowledged before me on �-t-Z---, 2021, by A-!A N c/\. t►�0\)Ck^ S;V-tL -zkl B Notary Pub I for(6regon My Commission Expires:_jL?AL2-oa2-- OFFCKSTAMP TMCY LYNN ESQUERRA NOTARY PUBUC-OREGON COMMISSION NO.976175 L MY COMMISSION WIRES JULY 29,2022 City of Woodburn 270 Montgomery Street Woodburn, OR 97071 (Grantee's Name and Address) By Signature below, the City of Woodburn, Oregon, Approves and Accepts this Conveyance Pursuant to ORS 93.808. City Recorder: Heather Pierson Page 2 of 4 15 EXHIBIT A City of Woodburn Right of Way Dedication SEPTEMBER 9, 2020 RIGHT OF WAY DEDICATION A parcel of land lying in the SW 1/4 of the SW 1/4 of Section 7, Township 5 South, Range 1 West, W.M., Marion County, Oregon and being a portion of that property described in that Warranty Deed to The Diocese of Oregon recorded April 3, 1964 in Volume 584, Page 391, Marion County Records; the said parcel being that portion of said property included in a strip of land lying on the South side of the center line of West Hayes Street, which center line is described as follows: Beginning at the center line intersection of Cascade Drive and West Hayes Street at Engineer's center line Station 13+36.84, said station being the southwest corner of the George Leasure D.L.C. No 78; Thence South 86'56'07" East, 2,603.38 feet to the center line intersection of Settlernier Street and West Hayes Street at Engineer's Station 39+40.22. Center line Stationing is based upon Survey 39225, Marion County Survey Records. The said strip of land lays north of the following described line: Station to Station Width on South Side of Center Line 20+50.00 24+75.00 41.50' This description contains 4,600 Square Feet, more or less. Except that portion laying within the existing right of way of West Hayes Street. REGISTERED PROFESSIONAL LAND SURVEYOR =OREGON 0 JULY1 0 ULY 12, 2005 IU 05 /C 9_ ,ERLIC D. LYNCH 5 1 5 L 56544 EXPIRES 12-3I-20 16 ti 2a+aa 21+0022+00 23*00 24+0o + 25+0o V 8656'07 WES T HA YES S TREE T 11.50' RIGHT OF WA Y DEDICA TION STA: 20+50.00 STA: 24+75.00 OFFSET: 41,50' OFFSET: 41.50' TAX MAP 5SIW07CC LOT 7100 VOLUME 584, PAGE 391 MARION COUNTY OREGON ANRIGHT OF WAY DEDICATION 0 100 4,600 SQ. FT. +/- SCALE: 1" = 100' BASIS OF BEARINGS AND CENTER LINE STATIONING IS PER SURVEY 39225, MARION COUNTY SURVEY RECORDS. 'A PROJECT NO. 0492-016 EXHIBIT "Bow IBRIa ORIG. DATE: 9/8/2020 RIGHT OF WAY DEDICATION —6017e DRAWN BY: EDLT "70* 6445 SW FALUMOOK PLACE, SUITE 100 CITY OF WOODBURN BEAVERTON,OREGON 9700 SHEET No. 2 OF 2TEL: (5003�515-5528 WOODBURN, OREGON FAX (53639-9592 1 w"w.merlodeslgnxm Plotted- 917412020- 9.00am P.•\0492-016 My of Wvoobum - W Haps Street 1mprovem&nts\dwg\surv\0492-016 EAlbllaft Lqj4wt:- EAVis 17 CITY OF WOODB URN Community Development Department MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5246 Date: September 2, 2021 To: Chris Kerr, Community Development Director From: Melissa Gitt, Building Official Subject: Building Activity for August 2021 2019 2020 2021 No. Dollar Amount No. Dollar Amount No. Dollar Amount Single-Family Residential 1 $241,108 7 $1,449,434 32 $8,106,672 Multi-Family Residential 0 $0 0 $0 0 $0 Assisted Living Facilities 0 $0 0 $0 0 $0 Residential Adds &Alts 3 $32,527 6 $173,430 6 $46,818 Industrial 0 $0 0 $0 0 $0 Commercial 10 $162,097 5 $637,165 3 $108,000 Signs and Fences 0 $0 0 $0 0 $0 Manufactured Homes 0 $0 0 $0 0 $0 TOTALS 14 $435,732 18 $2,260,029 41 $8,261,490 Fiscal Year to Date $2,587,641 $6,044,206 $22,282,411 (August 1 —31) K:Axx PDF Agenda Process\2021\September 13,2021\ueuo-2021-8 August.doc 18 8/17/2021 Woodburn Police Department MONTHLY ARRESTS BY OFFENSES 2021 Year to Date CHARGE DESCRIPTION Jan Feb Mar Apr May Jun Jul Total AGGRAVATED ASSAULT 4 0 0 6 4 5 7 2 ANIMAL CRUELTY 0 0 0 0 1 1 0 ANIMAL ORDINANCES 1 0 0 2 2 0 1 ARSON 1 0 0 0 0 0 1 ASSAULT SIMPLE 9 4 5 22 10 10 13 7 ATTEMPTED MURDER 0 1 0 0 0 0 0 1 BURGLARY- BUSINESS 0 1 0 0 0 0 1 BURGLARY-OTHER STRUCTURE 1 0 0 0 1 0 0 BURGLARY- RESIDENCE 0 1 0 0 3 2 1 COMPUTER CRIME 0 0 0 2 0 0 0 CRIME DAMAGE-NO VANDALISM OR ARSON 3 1 0 4 1 1 3 1 CRIMINAL MISTREATMENT 0 0 0 0 0 0 1 1 CURFEW 4 0 0 0 1 1 0 CUSTODIAL INTERFERENCE 0 1 0 0 0 0 0 1 CUSTODY- MENTAL 8 3 3 6 1 3 5 2 DISORDERLY CONDUCT 6 3 2 12 10 7 1 41 DRIVING UNDER INFLUENCE 10 7 12 18 11 17 37 112 DRUG LAW VIOLATIONS 10 4 1 4 3 31 1 2 DWS/REVOKED -FELONY 0 0 1 2 0 0 0 DWS/REVOKED-MISDEMEANOR 3 4 7 4 2 4 9 3 ELUDE 1 2 0 4 3 4 1 1 EXTORTION/BLACKMAIL 1 0 0 6 0 0 0 FAIL TO DISPLAY OPERATORS LICENSE 0 1 0 0 0 2 3 6 FAILURE TO REGISTER AS SEX OFFENDER 1 0 1 2 0 0 0 FORCIBLE RAPE 3 0 0 0 0 1 1 FORGERY/COUNTERFEITING 0 0 0 0 0 0 2 2 FRAUD - BY DECEPTION/FALSE PRETENSES 0 0 0 0 0 0 1 1 FRAUD -CREDIT CARD/AUTOMATIC TELLER MACHINE 0 0 0 0 1 0 2 3 FRAUD -OF SERVICES/FALSE PRETENSES 0 0 0 2 0 0 0 2 FUGITIVE ARREST FOR ANOTHER AGENCY 48 33 26 76 33 44 39 299 FURNISHING 0 0 0 0 0 1 0 1 GARBAGE LITTERING 0 0 0 0 0 1 0 1 HIT AND RUN FELONY 0 0 0 0 2 1 2 HIT AND RUN-MISDEMEANOR 3 0 1 6 7 5 5 2 IDENTITY THEFT 0 0 0 0 1 0 1 2 INTIMIDATION /OTHER CRIMINAL THREAT 7 1 1 12 3 4 3 31 INVASION OF PERSONAL PRIVACY 0 0 0 0 0 1 0 1 KIDNAP -FOR ADDITIONAL CRIMINAL PURPOSE 1 0 0 4 0 1 0 6 MINOR IN POSSESSION 0 1 0 0 2 3 0 6 MINOR IN POSSESSION -TOBACCO 0 0 0 0 0 1 0 1 MOTOR VEHICLE THEFT 1 0 2 4 3 2 3 1 OTHER 5 2 2 4 1 4 3 21 PROVIDE FALSE INFORMATION TO LAW ENFORCEMEN 1 3 0 6 1 2 2 1 RECKLESS DRIVING 2 3 1 10 7 11 20 5 RECKLESSLY ENDANDERING 4 0 0 4 2 2 7 1 RESTRAINING ORDER VIOLATION 1 0 2 2 2 3 3 1 ROBBERY- BUSINESS 1 1 0 0 0 1 0 3 ROBBERY- RESIDENCE 1 0 0 0 0 0 0 1 RUNAWAY 1 1 1 0 1 1 1 6 EX CRIME -CONTRIBUTE TO SEX DELINQUENCY 0 0 0 2 0 0 0 2 EX CRIME -EXPOSER 0 0 0 4 0 0 0 EX CRIME -FORCIBLE SODOMY 0 0 0 0 0 0 1 1 EX CRIME -MOLEST(PHYSICAL) 0 0 0 0 0 0 1 1 EX CRIME -NON-FORCE RAPE 0 0 0 2 0 0 1 3 Page 1 of 2 19 8/17/2021 Woodburn Police Department MONTHLY ARRESTS BY OFFENSES 2021 Year to Date an Feb Mar Apr May Jun Jul Total EX CRIME -PORNOGRAPHY/OBSCENE MATERIAL 01 0 0 4 0 0 0 EX CRIME -SEXUAL ASSAULT WITH AN OBJECT 1 0 0 0 1 0 0 TALKER 0 0 0 6 1 1 2 1 TOLEN PROPERTY- RECEIVING,BUYING,POSSESSING 1 0 0 2 0 1 1 HEFT- BUILDING 0 1 0 0 1 1 0 HEFT- FROM MOTOR VEHICLE 0 4 0 0 0 0 0 HEFT-OTHER 3 0 0 4 1 0 2 1 HEFT- PICKPOCKET 0 0 0 0 1 0 0 1 HEFT-SHOPLIFT 3 2 1 4 2 2 4 1 TRAFFIC VIOLATIONS 8 0 10 0 1 6 5 3 TRESPASS 1 3 0 8 3 5 6 2 UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 1 2 0 0 0 0 1 VANDALISM 4 3 1 0 1 1 0 1 VEHICLE RECOVERD FOR OTHER AGENCY 2 2 0 4 1 2 0 11 EAPON -CARRY CONCEALED 0 0 0 0 0 1 0 1 WEAPON -EX FELON IN POSSESSION 1 1 1 2 0 1 1 EAPON -POSSESS ILLEGAL 5 1 0 6 2 3 2 1 EAPON -SHOOTING IN PROHIBITED AREA 1 0 0 0 0 0 0 1 Jan Feb Mar Apr May Jun Jul Total 2021 Total 173 97 81 272 134 173 2071,137 2020 Total 161 139 105 133 149 153 109 949 2019 Total 178 115 157 146 172 174 231 1173 Arrests/Year 1200 1000 800 ; 600 Q 400 200 0 2019 2020 2021 Year Page 2 of 2 20 8/17/2021 Woodburn Police Department MONTHLY CRIMINAL OFFENSES 2021 Year to Date CHARGE DESCRIPTION Jan Feb Mar Apr May Jun Jul Total AGGRAVATED ASSAULT 2 3 1 7 5 9 13 40 ANIMAL CRUELTY 0 0 1 0 1 1 0 3 ANIMAL ORDINANCES 1 0 0 1 1 0 1 ARSON 1 0 0 0 0 0 1 2 ASSAULT SIMPLE 10 7 9 10 16 12 16 80 ATTEMPTED MURDER 0 1 0 0 0 0 0 1 BURGLARY- BUSINESS 1 4 3 2 1 1 4 16 BURGLARY-OTHER STRUCTURE 0 3 0 4 2 1 2 12 BURGLARY- RESIDENCE 2 4 1 1 7 9 0 2 CHILD NEGLECT 0 0 0 0 0 1 0 1 COMPUTER CRIME 0 0 0 1 0 0 0 1 CRIME DAMAGE-NO VANDALISM OR ARSON 5 10 12 18 6 7 11 69 CRIMINAL MISTREATMENT 1 0 0 0 0 1 0 2 CURFEW 1 0 1 0 1 1 0 CUSTODIAL INTERFERENCE 0 1 0 0 0 0 0 1 CUSTODY- MENTAL 8 3 3 3 1 3 5 26 DISORDERLY CONDUCT 5 4 4 5 7 7 2 3 DRIVING UNDER INFLUENCE 10 7 12 9 11 17 38 104 DRUG LAW VIOLATIONS 6 3 1 2 3 1 1 17 DWS/REVOKED- FELONY 0 0 1 1 1 0 0 3 DWS/REVOKED-MISDEMEANOR 3 4 7 2 2 4 8 30 ELUDE 2 2 3 4 5 4 2 22 ESCAPE FROM YOUR CUSTODY 0 0 1 0 0 0 0 1 EXTORTION/BLACKMAIL 1 1 0 2 0 1 0 FAIL TO DISPLAY OPERATORS LICENSE 0 1 1 0 0 2 3 7 FAILURE TO REGISTER AS SEX OFFENDER 1 0 1 1 0 0 0 3 FORCIBLE RAPE 2 2 3 2 2 2 1 1 FORGERY/COUNTERFEITING 2 0 3 2 1 3 5 16 FRAUD- BY DECEPTION/FALSE PRETENSES 2 1 4 4 6 4 3 2 FRAUD- CREDIT CARD/AUTOMATIC TELLER MACHINE 1 41 1 1 3 1 3 1 FRAUD- OF SERVICES/FALSE PRETENSES 0 0 0 1 0 0 0 1 FUGITIVE ARREST FOR ANOTHER AGENCY 33 26 27 28 19 32 27 192 FURNISHING 0 0 0 0 0 1 0 1 GARBAGE LITTERING 0 0 0 0 0 1 1 2 HIT AND RUN FELONY 1 0 1 2 1 1 4 10 HIT AND RUN-MISDEMEANOR 15 13 14 15 18 25 20 120 IDENTITY THEFT 2 2 4 0 3 5 3 19 INTIMIDATION /OTHER CRIMINAL THREAT 3 1 1 5 5 8 5 28 INVASION OF PERSONAL PRIVACY 0 0 0 0 0 1 0 1 KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 2 0 0 2 0 4 0 8 MINOR IN POSSESSION 0 2 1 0 2 2 0 7 MISCELLANEOUS 10 19 22 21 20 14 22 128 MOTOR VEHICLE THEFT 9 6 14 12 15 14 15 8 NON CRIMINAL DOMESTIC DISTURBANCE 9 10 11 8 8 2 0 48 OTHER 5 4 3 4 1 4 4 2 PROPERTY- FOUND LOST MISLAID 4 3 2 1 1 1 3 15. PROPERTY RECOVER FOR OTHER AGENCY 2 1 1 3 1 1 0 9 RECKLESS DRIVING 1 3 3 7 7 12 23 56 RESTRAINING ORDER VIOLATION 1 0 2 1 5 4 3 16 ROBBERY- BUSINESS 1 1 0 0 0 2 0 4 ROBBERY- CAR JACKING 0 0 0 0 2 0 1 3 ROBBERY- CONV.STORE 0 1 0 0 0 0 0 1 ROBBERY- OTHER 0 0 1 1 0 1 1 4 ROBBERY- RESIDENCE 1 0 0 0 0 0 0 1 RUNAWAY 2 1 1 0 2 2 2 10 SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY 0 1 0 0 0 2 0 3 SEX CRIME - EXPOSER 0 0 0 0 1 0 0 1 Page 1 of 2 21 8/17/2021 Woodburn Police Department MONTHLY CRIMINAL OFFENSES 2021 Year to Date Jan IFeb Mar Apr May Jun Jul Total SEX CRIME - FORCIBLE SODOMY 1 0 1 1 0 0 0 3 SEX CRIME - MOLEST (PHYSICAL) 1 1 1 1 2 1 0 7 SEX CRIME - NON-FORCE RAPE 0 0 0 1 0 2 0 3 SEX CRIME - OBSCENE PHONE CALL 0 0 0 0 1 1 0 2 SEX CRIME - OTHER 0 0 0 0 1 0 0 1 SEX CRIME - PORNOGRAPHY/OBSCENE MATERIAL 1 0 0 1 0 0 0 2 SEX CRIME - SEXUAL ASSAULT WITH AN OBJECT 1 0 1 0 1 0 0 3 STALKER 0 0 1 1 1 2 1 6 STOLEN PROPERTY- RECEIVING,BUYING,POSSESSING 1 0 1 1 0 0 1 HEFT- BICYCLE 1 0 0 0 0 2 5 8 HEFT- BUILDING 2 0 1 2 1 3 0 9 HEFT- FROM MOTOR VEHICLE 8 8 7 14 6 10 9 62 HEFT- MOTOR VEHICLE PARTS/ACCESSORIES 6 1 6 3 9 1 3 29 HEFT- OTHER 12 12 12 10 10 17 14 87 HEFT- PURSE SNATCH 0 0 0 0 1 1 0 2 HEFT- SHOPLIFT 15 11 14 11 16 16 23 106 TRAFFIC VIOLATIONS 10 1 14 3 1 8 3 40 TRESPASS 3 6 2 4 5 7 3 30 UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 2 0 1 0 1 0 2 6 VANDALISM 18 9 10 8 14 13 17 89 VEHICLE RECOVERD FOR OTHER AGENCY 6 3 2 3 2 3 0 19 WEAPON -CARRY CONCEALED 0 0 0 0 0 2 0 2 WEAPON - EX FELON IN POSSESSION 0 1 1 1 0 1 1 EAPON - POSSESS ILLEGAL 2 1 1 3 6 8 3 2 WEAPON -SHOOTING IN PROHIBITED AREA 1 0 0 1 2 1 0 Jan I Feb I Marl Apr IMayl Jun I Jul ITotal 2021 Total 1 2591 2131 2571 2621 2731 3301 3381,932 2020 Total 1 3071 3221 2491 2781 3611 376 336 2,229 2019 Total 1 3301 230 320 2971 3711 374 352 2,284 Offenses/Year 2400 2000 N ,soo W 0) W 200 LL LL 0 800 400 0 2019 2020 2021 YEAR Page 2 of 2 22 Woodburn Police Department ORDINANCE VIOLATIONS 2021 Year to Date 8/17/2021 Ordinance Discription Jan Feb Mar Apr May Jun Jul Total Animal Complaint 18 32 41 47 41 46 38 263 Ordiinance -Abate/Nuisances 2 0 0 0 0 0 0 2 Ordinance -Abandoned Vehicles 16 22 26 26 30 19 40 179 Ordinance -Abate Graffiti 0 0 2 4 0 1 2 9 Ordinance - Land Use Violations 1 0 1 1 0 1 0 4 Ordinance -Oth Violation 14 12 13 18 27 21 21 126 Ordinance -Tall Grass 0 0 0 0 17 13 19 49 2021 Total 51 66 83 96 115 101 120 632 2020 Total 109 121 97 80 156 123 114 800 2019 Total 141 99 148 116 205 197 173 1,079 Ordinance Violations / Code Enforcement Officers 1000 800 O 600 F 0 400 200 0 1 I= 1 2019 2020 2021 COMBINED TOTAL-CODE ENFORCEMENT OFFICERS Ordinance Violations / Year 1200 1000 N 800 Z O F 600 Q J O 400 200 0 2019 2020 2021 YEAR TOTALS FOR ALL OFFICERS 1 23 f,�'IPr ,vera DBURN Proe.�;:;rrreef A$'7R7 September 13, 2021 TO: Honorable Mayor and Council through City Administrator FROM: Anthony Turley, Finance Director SUBJECT: FY 2021-2022 Supplemental Budget Request for Acceptance of Grant Awards for Aware Food Bank Project, the Impact to the Building Fund of Increased Commercial Building Permit Activity and a Budget Transfer from the General Fund to the General Capital Construction Fund for an Upgrade to the Library HVAC System RECOMMENDATION: Adopt the Resolution authorizing $250,000 additional grant revenue and appropriation authority to Operating Expenses in the General Fund. Additional transfer authority from the general fund to the general capital construction fund in the amount of $95,000. Increasing the Operating Revenue in the building inspection fund and Operating Expenditures by $4,500,000 to account for increased activity in commercial building activity. BACKGROUND: Every year, after Council budget adoption, circumstances arise that were either unforeseen, unquantifiable, or discovered as errors. Oregon Budget Law, ORS 294.471 (1 ) provides for changes to adopted budgets through a transfer resolution or supplemental budget process that notices the proposed changes. Transfers in excess of 15 percent of any fund's total expenditures, or supplemental budget changes in excess of 10 percent of any fund's total expenditures, require a public hearing to accept public testimony on the item under consideration. Like the adopted budget, supplemental budget requests must be balanced; in other words, net revenue and net expense for the request must be equal. This can be accomplished by budgeting additional revenue or by reducing another expenditure category (such as contingencies). DISCUSSION: The City of Woodburn has received a CDBG grant through the State of Oregon for$250,000. This additional revenue was not anticipated when the budget was adopted. This grant is intended to provide capital improvements to the Aware Agenda Item Review: City Administrator_x_City Attorney_x Finance—X- 24 Honorable Mayor and City Council September 13, 2021 Page 2 41 Foodbank facility in Woodburn as presented to the City Council on March 8, 2021 prior to applying for the grant. In addition, Building plan review for Project Basie (Amazon) will be completed by Clair Company, Inc. under the Project Basie (Amazon) Building Plan Review Services Agreement. The total amount of funds requested is $4,500,000; to cover the cost of building plan review, project coordination, and administrative services required. The cost associated with the Building Plan Review Services Agreement will be funded directly from the fees that the building department will collect from the applicant through the adopted fee schedule. The $4,500,000 budget request will be specifically funded by the building and fire/life/safety plan review fees, as well as, the numerous deferred submittal plan review fees collected by the applicant. The Clair Company, Inc. will receive 70 percent of the plan review fees collected by the City under the Service Agreement. In addition, it has been discovered that the city budgeted appropriations in both the general fund and general capital construction fund for the aquatics center HVAC replacement. As the funds are already appropriated staff recommends using the additional budget to replace the HVAC system in the library. This requires a transfer of the appropriation authority from the general fund into the general capital construction fund in the amount of $95,000. In addition to the transfer the project is eligible for a $15,000 grant from the energy trust fund. FINANCIAL IMPACT: If the resolution is approved, the following changes will be made: SUMMARY OF PROPOSED,BUDGET CHANGES AMOUNTS SHOWN ARE REMISED TOTALS IIIN THOSE:FUNDS BEIIING MODIIIFIIED General Fund 041 Resource Original Change Revised Requirement [original Change Revised 1.Rev'eniue 24,369,920 250,000 24,619,920 1.Operating Expenses 24,369,920 250,000 24,619,920 2 2 Operatu0g Expenses 24,619„920 05,000) 24,524,920 3 Operating Transfer Out: 24,524,920 95,000 24,619„920 Revised Total Fund Resources 24„619,920 Revised Total Fund Requirements 24„619„920 Comments: CDFIG Grontfar the AWARE Faced Pank project&Tronsferforti6rary HVACpraject SUMMARY OF PROPOSED,BUDGET CHANGES AMOUNTS SHOWN ARE:REMISED TOTALS IIIN THOSE:FUNDS BE:IIING MODIIIF IIED Building Fund 123 Resource Original Change Revised Requirement original Change Revised 1.Revenue 2,630,100 +1,500,000 7„1.30,100 1.Operating Expenses 2,630„100 +1,500,000 7„1.30„100 2 2 Revised Total Fund Resources 7„130,100 Revised Total Fund Requirements 7„130„100 Comments..Yncyeose in revenue&expense due to Mgh duirdng octivit,y affecting ossocmted fees SUMMARY OF PROPOSED,BUDGET CHANGES AMOUNTS SHOWN ARE:REMISED TOTALS IIIN THOSE:FUNDS BE:IIING MODIIIF IIED Gen CapConstruction Fund Resource Original Change Revised Requirement Original Change Revised 1.Revenue 384,790 110,000 494,790 1 Operating Expenses 384,790 110,000 494,790 2 2 Revised Total Fund Resources 494„790 Revised Total Fund Requirements 494„790 Comments.'Increo'se in revenue&expense due to!.ebro'ry Nr✓AC project 25 COUNCIL BILL NO. 3164 RESOLUTION NO. 2179 A RESOLUTION APPROVING TRANSFERS OF FY 2021-2022 APPROPRIATIONS AND APPROVING A SUPPLEMENTAL BUDGET WHEREAS, ORS 294.463(1 ) permits "transfers of appropriations" within any fund "when authorized by official resolution or ordinance of the governing body"; and WHEREAS, ORS 294.463(2) limits "transfers of general operating contingency appropriations to no more than fifteen (15) percent of the total appropriations of the fund" unless adopted pursuant to a supplemental budget; and WHEREAS, transfers made pursuant to any of the above must state the need for the transfer, the purpose for the authorized expenditure, and the amount of the appropriation transferred; and WHEREAS, ORS 294.471 (1 )(a) permits supplemental budgets when "an occurrence of condition which had not been ascertained at the time of the preparation of a budget for the current year or current budget period which requires a change in financial planning"; and WHEREAS, ORS 294.473 requires the governing body to hold a public hearing on the supplemental budget when the estimated expenditures contained in the supplemental budget for fiscal year or budget period differ by ten (10) percent or more of any one of the individual funds contained in the regular budget for that fiscal year; and WHEREAS, the transfers contained herein are made pursuant to ORS 294.463; and WHEREAS, the supplemental budget contained herein is made pursuant to ORS 294.471; and WHEREAS, a public hearing was held September 13, 2021 on the supplemental budget changes, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That pursuant to the applicable ORS provisions cited above, the City Council hereby approves the transfers of appropriations and supplemental budget for FY 2021-22 in the amounts shown in the summary. Page 1 - COUNCIL BILL NO. 3164 RESOLUTION NO. 2179 26 SUMMARY OF PROPOSED BUDGET CHANGES AMOUNTS SHOWN ARE REVISED TOTALS IIID THOSE IFUINDS BBI NG IMODNIFIIE,D General Fund 0011 Res,ource Original Change Revised Requirement Original Change Revised I Revenue 24,369,920 250,000 24,619,920 1 Operating Expenses 24,369,920 2,50,000 24,619,920 2 2 Operatifing Expenses 24,619,920 �95,000) 24,524,920 3 Operating Transfer Out 24,524,920 95,000 24,619,920 Revised Total Fund Resources Revised Total Fund Requirements, 24,619,920 Comments: CD8G Grontfor the AWARE Food Sonk project&Tronsferfor bbrary HVAC profect SUMMARY OF PROPOSED BUDGET CHANGES AMOUNTS SHOWN ARE REVISED TOTALS IIIINN THOSE IFUINDS BBI NG MODIRIED Building Fund 123 Res,ource Original Change Revised Requirement Original Change Revised I Revenue 2,630,10 4,5130,000 7,130,10 1 OperatifingExpenses 2,630,100 4,500,0010 7,130,100 2 2 Revised Total Fund Resources Revised Total Fund Requirements, Comments: yncrease in revenue&expense due to hgh buddmg activity offecting osso,dated fees SUMMARY OF PROPOSED BUDGET CHANGES AMOUNTS SHOWN ARE REVISED TOTALS 11N THOSE IFUINDS BElING MODIRIED Gen Cap Construction Fund Resource Original Change Revised Requirement Original Change Revised I Revenue 384,790 110,000 494,790 1 OperatifingExpenses 384,790 110,000 4134,7150 2 2 Revised Total Fund Resources Revised Total Fund Requirements 494,750 Comments: increase inrevenue&expense due to Lbto'ryHVACp?'oject Approved as to Form: City Attorney Date APPROVED: Eric Swenson, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page 2- COUNCIL BILL NO. 3164 RESOLUTION NO. 2179 27 OFFI Iii♦ r�} B V' September 13, 2021 (Prepared September 10, 202 1) To: Honorable Mayor and City Council through City Administrator From: Chris Kerr, Community Development DirectorCd.'r Subject: UPDATE on Planning Commission hearing and decision for Project Basle ("Amazon") On September 9th, the Planning Commission unanimously voted to approve the proposed Amazon development with all of the conditions of approval proposed in the Staff Report. Public testimony was received from five ("5") individuals. The testimony generally involved questions related to storm drainage and traffic concerns. Staff and the applicant responded to the comments raised and the Commission determined that the conditions of approval satisfactorily addressed the comments received. The Final Decision was modified to correct a scrivener's error identified at the hearing. The memo supplements Item 13A. on your September 13th Agenda, "Call-up Briefing" Planning Commission decision of a Design Review associated application for Project Basie ("Amazon"). That briefing memo has more details about the project. The Council may call up this item for review if desired and, by majority vote, initiate a review of this decision. RECOMMENDATION: Staff recommends taking no action on this item (not calling the item up for review). Agenda Item Review: City Administrator_x_ City Attorney_x 28 OFFI Iii♦ r�} B V' September 13, 2021 To: Honorable Mayor and City Council through City Administrator From: Chris Kerr, Community Development Director ' ', Subject: Call-Up Briefing: Planning Commission decision of a Design Review associated application for Project Basle ("Amazon") at 450 S. Butteville Road (DR 21-07, EXCP 21-03, PAR 21-01, PLA 21-01, RCWOD 21-03, & VAR 21-02) DIRECTOR'S NOTE: Please be aware that this Memorandum was prepared prior to the September 9th Planning Commission hearing. Assuming the Commission makes a final decision on this matter on that date, a summary of the Commission's action will be provided to the Council during the Staff's presentation at your September 13th meeting after which the Council should consider calling up this action for review. RECOMMENDATION: Staff will provide a recommendation to the Council based on the decision made by the Planning Commission on September 9, 2021 . Pursuant to Woodburn Development Ordinance (WDO) Section x;,02.,,02, the Council may call up this item for review if desired and, by majority vote, initiate a review of this decision. PROJECT BACKGROUND: The project site is within the Southwest Industrial Reserve (SWIR) zoning district and the proposal is for an approximate 3.85 million square foot distribution and e- commerce facility, which is a permitted use in the SWIR zone. The proposed five- story building will be approximately 105 feet tall and centrally located on the site. Parking facilities will wrap around it, including parking for 1 ,811 cars and 483 semi- truck trailers. The applicant anticipates employment to be in two daily shifts of 937 people each. There are four driveways accessing Butteville Road on the west side of the property; the northern-most and southern-most driveways function as a truck loop for the site while the middle two driveways serve employees and Agenda Item Review: City Administrator_x_ City Attorney_x 29 visitors. Two guardhouses are proposed, one on either end of the truck loop, to control access into the trailer parking area. There are also two employee drop- off areas in front of the building and an emergency access is included from Woodland Avenue. Due to the significant increase in impervious area, the plans include a large on-site stormwater detention basin north of the trailer parking area. As part of the proposal, the applicant will be partially realigning Butteville Road and Newberg Highway (OR 219) and constructing a new roundabout intersection. ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... -- R dte,aii NRratr+ul____. m a 0 N VI 0I ° r 7 rWortln W10M11Ca BuiiUn Five variance requests, summarized below, are included with the proposal. The first two are the most consequential. 1 . Maximum building height: The SWIR zone allows a building height of up to 45 feet, with features not used for habitation allowed up to 70 feet. The applicant is requesting to increase maximum building height to 105 feet. Because this request results in a larger and more intensive development proposal and associated visual impacts to surrounding properties, staff recommends several conditions of approval to help offset these impacts. 2. A request to not extend Woodland Avenue west to Butteville Road: City planning documents, including the Transportation System Plan, anticipate Woodland Avenue to extend west through the project site and intersect with Butteville Road. Because the applicant is requesting not to construct this street extension nor meet the associated street layout requirements, a variance is required. 3. Minimum separation between primary and accessory structures: The development ordinance requires at least six feet of separation between structures. Because the proposal includes covered patio structures 30 adjacent to (but detached from) the main building, the applicant is requesting to reduce this minimum separation distance. 4. Minimum number of loading spaces: The development ordinance requires a certain number of loading spaces based on total building square footage. The applicant states that the proposed development does not need the minimum requirement in order to be successful therefore the request is to reduce the minimum number required. 5. Minimum street improvements for portions of Newberg Highway (OR 219) and Butteville Road: Parcel 1 of the proposed partition encompasses the remaining land northwest of the Butteville Road realignment; the applicant is requesting to not construct minimum street improvements along the west (existing Butteville Road) and north (OR 219) frontages of this parcel. Parcel 3 has frontage along Butteville Road; the applicant is requesting to not construct minimum street improvements along this frontage. They will be completed when they are development. Staff is recommending approval of the request with the conditions included in the Staff Report. Page 3 of 3 31