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Agenda - 05/23/2005
CITY OF WOODBURN CITY COUNCIL AGENDA MAY 23, 2005 - 7:00 P.M. KATHRYN FIGLEY, MAYOR WALTER NICHOLS, COUNCILOR WARD 1 RICHARD BJELLAND, COUNCILOR WARD tl PETER MCCALLUM, COUNCILOR WARD tH JAMES COX, COUNCILOR WARD IV FRANK LONERGAN, COUNCILOR WARD V ELIDA SIFUENTEZ, COUNCILOR WARD VI CITY HALL COUNCIL CHAMBERS - 270 MONTGOMERY STREET CALL TO ORDER AND FLAG SALUTE ROLL CALL ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. In observance of Memorial Day, City Hail will be closed Monday, May 30, 2005 and the Library will be closed May 29 and 30, 2005. The Aquatic Center will be open on Memorial Day from 1:00 p.m. to 4:00 p.m. with $1 swim. The Woodburn Public Library will be closed on Sundays for the summer beginning June 19 and will reopen starting September 11,2005. C. Continued deliberations regarding Periodic Reviewwill be held on June 13, 2005 at 7:00 p.m. Budget hearings for the 2005-06 City Budget and the Urban Renewal Budget will be held on June 13, 2005 at 7:00 p.m. Appointments: E. Planning Commission- Position 5 PROCLAMATIONS/PRESENTATIONS Proclamations: A. Buddy Poppy Week- May 18-31,2005 Presentations: B. Introduction of Police Captain - Charles Blevins C. Settlemier/Hayes Intersection improvement Options 3 a[ (5o3} 980-°--485." May 23, 2005 Council Agenda Page i 5. COMMITTEE REPORTS 6e 10. Ao Chamber of Commerce Woodburn Downtown Association COMMUNICATIONS None. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council consideration not already scheduled on the agenda. CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. Woodburn City Council minutes of May 9, 2005, regular and executive sessions Recommended Action: Approve the minutes. Be Woodburn Public Library Board minutes of May 11, 2005 Recommended Action: Accept the minutes. C. Woodburn Planning Commission minutes of April 28, 2005 Recommended Action: Accept the minutes. De Police Department Statistics - April 2005 Recommended Action: Accept the report. Claims for April 2005 Recommended Action: Accept the report. TABLED BUSINESS None. PUBLIC HEARINGS Ae Public Hearing Related to Sale of Community Center Property Recommended Action: Continue the public hearing until .June 27, 2005 5 15 19 27 35 39 May 23, 2005 Council Agenda Page ii 11. 12. 13. 14. 15. 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. Council Bill 2572- Resolution establishing a public hearing date for levying the final assessment of costs for the improvement to Boones Ferry Road from Goose Creek to Hazelnut Drive Recommended Action: Adopt the resolution. Addendum to Agreement for Periodic Review Consulting Services Recommended Action: Authorize the City Administrator to execute the Addendum to Agreement for Consulting Services with Winterowd and Brooks, LLC doing business as Winterbrook Planning. Homeland Security Grant Acceptance Recommended Action: Authorize the City Administrator to sign a grant award conditions and certifications agreement with the Oregon State Office of Homeland Security. DJ Liquor License - New Outlet Limited On Premise Sales Recommended Action: Recommended to the Oregon Liquor Control Commission approval of a new outlet application for Country Cottage. NEW BUSINESS PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These are Planning Commission or Administrative Land Use actions that may be called up by the City Council. Planning Commission's Approval of Design Review 05-01 and Variance 05-05 (1475 Mt. Hood) CITY ADMINISTRATOR'S REPORT MAYOR AND COUNCIL REPORTS 41 45 59 69 73 May 23, 2005 Council Agenda Page iii 16. EXECUTIVE SESSION Ao To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660 (1)(h). To consider records that are exempt by law from public inspection pursuant to ORS ] 92.660 (1)(f). 17. ADJOURNMENT May 23, 2005 Council Agenda Page iv e May 23, 2005 TO: FROM: SUBJECT: City Council Kathy Figley, Mayor Commission Appointment The following appointment is made, subject to the approval of the Council. Please forward any adverse comments to me prior to the Council meeting on Monday, May 23, 2005. No reply is required if you approve of my decision. PLANNING COMMISSION Position 5 - Larry GrosJacques - term ends 12/31/07 THIS PAGE INTENTIONALLY LEFT BLANK 2 PROCLA vL TION 4A BUDDY POPlVxt WEEK I~AAY 18 - MAY 31~ 2005 WHEREAS, THE POEM "IN FLANDERS FIELD," WHICH MOVINGLY DESCI~IBES A BATTLEFIELD OF CROSSES DOTTED WITH RED POPPIES, HAS LED TO THE POPPY'S BECOMING A SYI~BOL OF LIVES LOST IN WARTI~a4E; AND WI-I~I~S, THE VETERANS OF FOREIGN WARS ORGANIZED ITS FIRST SALE OF REPLICA PoPPiEs IN 1922 ~H~D ADOreD THE POPPY AS ITS OFFIC~.L ~a~MOR_~ FLOW~.R SOON ~mR; AND W/HEREAS, IN 1923 THE VFW DECIDED THAT ~V~W BUDDY POPPIES BE ASSEMBLED BY DISABLED AND NEEDY V'fiTflRANS W-HO WOULD BE PAID FOR THEIR WORX YO PROVIDE I~INANCrAL ASSISTANCE; AND WH~, SINCE 1924 THE V~W HAS HELD THE TRADEMARK FOR THE "BUDDY POPPY", GUAKAk. rI~I;-D THAT THESE POPPIES AI~ THE WORK OF DISABLED AND NEEDY VETEKAH. IS, AND SOLD THESE POPPIES TO PAY FOR SERVICES TO V~TEKANS AND THEIR. FAMILIES AND OTHER IMPORTANT COMMUNITY SERVICES; AND WHEI~AS, THE VFW ANNUALLY SELLS "BUDDY POPPIES" IN THE ~VEEK PRECEDING MEMOPaAL DAY; NOW 'IV~II~.R.~I~OP~, I, KATHY FIGLEY, MAYOR OF THE CITY OF WOODBURN, PROCLAIM THE DATES FROM MAY 18 TO MAY Sl, 2005, "BUDDY POPPY WEEK," AND ENCOU~GE TH~. PEOPLE OF WOODBUm'~ TO SUPPORT VET~.RANS ~D THEIr, LOVED ONES THROUG~ PURCHASE OF A POPPY. I~WITNESS ~-tEREOF, I HAVE ~EREu~-~ro SET MY ~-AND AND CAUSED 3 THIS PAGE INTENTIONALLY LEFT BLANK 4 8A COUNCIL MEETING MINUTES MAY 9, 2005 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF O~GON, MAY 9, 2005. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0015 ROLL CALL. Mayor Figley Present Councilor Bj elland Absent Councilor Cox Absent Councilor Lonergan Present Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Police Chief Russell, Public Works Manager Rohman, Wastewater Treatment Superintendent Sinclair, Recorder Tennant Mayor Figley stated that Councilors Cox and Bjelland were both out of town. OO55 ANNOUNCEMENTS. A) Budget Hearings for fiscal year 2005-06 will be held on May 21, 2005, 9:00 a.m., in the City Hall Council Chambers. B) Special Election, May 17, 2005: Woodbum City Hall is a designated Marion County ballot drop site for this County-wide election and the lobby will remain open on election day until 8:00 p.m.. C) Continued deliberations regarding Periodic Review will be held on May 23, 2005 at 7:00 p.m.. D) Sixth Annual Mother's Spa Day will be held on Sunday, May 15th, l:00pm to 4:00 pm, at the Aquatic Center. E) Teen Scene Dance will be held on Friday, May 13th, 7:00 pm to 9:00 pm, at Valor Middle School. F) Teen Scene Swim Night will be held at the Aquatic Center on Saturday, May 21 from 7:00 pm until 9:00 pm. 0204 PROCLAMATION: POLICE MEMOPdAL WEEK Mayor Figley proclaimed the week of May 15-21, 2005 as Police Memorial Week and May 15, 2005 as Peace Officer's Memorial Day in conjunction with National Police week. Page 1 - Council Meeting Minutes, May 9, 2005 5 TAPE READING COUNCIL MEETING MINUTES MAY 9, 2005 0320 PRESENTATION: MARION COUNTY PUBLIC SAFETY COORDINATING COUNCIL. Walt Beglau, Marion County District Attorney, stated that he shared Council concerns about a compelling public safety issue regarding a severe epidemic of methamphetamine (meth) throughout Marion County and it continues to collide with daily efforts of law enforcement, social services, businesses, health care, and increasing citizen involvement. In law enforcement, efforts have been focused on protecting children. Methamphetamine is a crippling addiction, has a lucrative profit, and is easy to manufacture which are three examples as to why this problem is so widespread. Property crimes and identity theft is being fueled by the use of this drug and methamphetamine in Marion County is the prevailing motive in 80% or greater of all Identity Theft cases. He briefly reviewed the rising statistics relating to narcotics not only within the County but also specific to Woodbum. He stated that the Public Safety Council has developed a Strategic Plan which was distributed to the Council prior to this meeting. He extended an invitation for the Council to join the Coordinating Council in looking at a sustained and coordinated effort to fight this issue. Marion County Sheriff Raul Ramirez stated that they are communicating the Coordinating Council message County-wide since it affects all citizens whether directly or indirectly. Within the County jail, cases involving 80-85% of individuals in custody have some relation to meth use and the trend in Woodbum shows that the number of arrests continues to increase since the City's law enforcement officers aggressively pursue drug dealers. The number of children taken into protective custody continues to rise and the County is on a record pace of children who will be in need of foster care and there is a need for more families to sponsor foster homes. Treatment is a costly issue that needs to be addressed since the cycle will not cease until appropriate treatment is obtained by users. He stated that concerned community members, elected officials, parents, schools, faith community, local service clubs and organizations, local business leaders, and youth leaders all need to get involved in this effort to combat the meth problem. Involvement includes recognizing the problem, raise the awareness in the community throughout outreach programs, education, collaborate with members of the community, and to work together to communicate and coordinate solutions. Mr. Beglau referred to the 2005 Anti-Drug Strategic Plan and shared with the Council the seven commitments the Coordinating Council would like all communities within Marion County to adopt in order to address this problem. He encouraged the Council to adopt the commitments so that Woodbum can be added to the list of communities willing to partner together to learn about the problem and do something to combat the problem. He also stated that the City of Keizer asked him to communicate to other cities within the County that they had made a motion to take a drug screening as a City Council. Councilor Sifuentez questioned if the Coordinating Council was working closely with the schools since it is critical that the education factors are critical with the young youth. Page 2 - Council Meeting Minutes, May 9, 2005 6 COUNCIL MEETING MINUTES MAY 9, 2005 TAPE READING Mr. Beglau stated that it also starts with school staff and he will be making a presentation with school staff in Mt. Angel later this week. Councilor McCallum stated that, as a member of the Coordinating Council, he has worked with District Attomey Beglau, Sheriff Ramirez and other members of the Council but much of the credit goes to Commissioner Patti Milne who is the Chair of the Coordinating Council. He stated that there was a lot of discussion on the seven action items and, at the last meeting, they were given statistics on the first four months on how some of the cases have gone down and there seems to be some shift but it will continue to be a long hard fight to combat this problem. Chief Russell stated that the County and Coordinating Council have been partners throughout this process. Last September, the Police Department began work on this issue and have done about 10 presentations around the community on meth in an effort to get the message out and a local meth Task Force was formed. This Task Force will be working with businesses and working with the schools. He also has two retired officers who will be presenters of the Meth Watch program to local businesses. He reiterated that the department is supportive of the work the Coordinating Council is doing throughout the County on this issue. 1724 PRESENTATION: RESEARCH TO INCREASE WASTEWATER TREATMENT EFFICIENCY. Public Works Director Tiwari stated that the City was the first in the nation to irrigate poplar trees with effluent and, at the time it was done, it was proven to DEQ that they should approve this process using an irrigation system which used the water at a certain rate. The rate was established and the City's permit allows us to discharge effluent onto the plantation. Currently, the City has about 100 acres of plantation and eventually the City may need as much as 300 acres thereby making it necessary to start looking at ways to make it more efficient. One way to increase efficiency may be to irrigate with higher intensity and, if this works, it will provide the City with substantial savings. Another issue now before the City is the temperature requirement and the City must discharge water to the river that would change the temperature of the river no more than 3°. He introduced CH2M Hill Engineer Mark Madison who was also the engineer involved in the original poplar tree plantation design. Mr. Madison stated that the proposed research would be to look at improving the efficiency of the systems that the City already has and the objective of the research is to evaluate the feasibility of cooling the treated wastewater to the use of natural technologies. Some of the rationale is that the new permit has temperature limits on discharges to the river. Types of cooling process includes mechanical refrigeration, evaporative cooling towers, crop irrigation and soil cooling, and evaporation from wetland surfaces. The cooling techniques to be evaluated at the City's plant include crop irrigation and soil cooling on part of the poplar tree farm, and evaporative cooling from Page 3 - Council Meeting Minutes, May 9, 2005 7 TAPE READING COUNCIL MEETING MINUTES MAY 9, 2005 285O wetlands on the adjacent McNulty farm. He stated that they are proposing parallel research to get data not only in Woodbum but other existing sites. Grant funding has been applied for at the Oregon Garden to do research on their poplar field and they are irrigating from City of Silverton's wastewater on several varieties of poplar trees. The research has been scheduled so that the new findings can be included as an alternative in the City's future treatment plant expansions. They would like to start trials in the spring and go through next fall, collect the data, and make recommendations in November or December 2006 as to whether or not this technology has merit and what the appropriate loading range would be as an alternative in part of the City's expansion plans. Six acres would be used as the test plot and data would be collected weekly. He stated that the other research would be to cool with evaporation from wetlands on the McNulty farm. The proposal is for a 1/4 acre site on the east end of the McNulty farm be used to conduct research on the cooling to include wetlands on natural soils surrounded by low berms planted with native wetland plants and surrounded by trees. There would be about 2 days of detention time in the water which is the amount of time to give an optimal amount of cooling in the summer and the flow would be slow. The installation of the system would include monitoring equipment and automated water level and temperature sensors at the inlet/outlet of the wetlands. The water that would go through the wetlands is fully treated. The analysis of the data would be similar to the crop irrigation and soil cooling. It is anticipated that the results will show that 60% of the inflow is going to flow through the system, be cooled, and be discharged into the river so that flows to the Pudding River can be maintained. The water temperature reduction will be about 6° to 9° F which is supported by results from modeling and similar wetland systems in Silverton at the Oregon Gardens and at the City of Salem. It is also expected that results will show that cooler water can be discharged through the wetlands system to the Pudding River. CHAMBER OF COMMERCE REPORT. Bill Rhoades, representing the Chamber, provided the Council with a copy of an excerpt from the draft 2005-07 Strategic Marketing Plan presented by SEDCOR and Travel Oregon. He stated that the Chamber is also working on a Visitor's Center with Oregon Travel Information Council and the Woodbum Company Stores with their goal being to promote tourism in the North Willamette Valley. It is there understanding that travelers who come into town spend about $200 per day and it is their goal to keep visitors in Woodburn for an extra day or two and, if possible, acquaint them with our City as a potential place of residence. 3057 WOODBURN SCHOOL DISTRICT I~PORT. Walt Blomberg, Superintendent, stated that the School District is an integral part of and committed to this fight against methamphetamine. They understand and see the damage being done to children and they understand that the long-term fight involves education of Page 4 - Council Meeting Minutes, May 9, 2005 COUNCIL MEETING MINUTES MAY 9, 2005 TAPE READING which they need to be a part of. It will take a concerted effort by parents and the community to agree on how best to fight this problem and the schools will do what they can to educate the students about the use of the drug. Upcoming events within the School District include: 1) Art Show at the High School on May 11, 2005 from 3:30 pm until 5:00 p.m.. 2) Members of the Middle School Builders Clubs (sponsored by the Woodburn Kiwanis) will be performing community service work on May 20, 2005 by cleaning Champoeg Park. 3) Approximately 20 letters of intent have been received regarding the Small Schools Initiative and the District is encouraging individuals to continue submitting their letters of intent. Another informational meeting will be held at the High School on May 12th at 7:00 p.m.. 4) Key Communicators Group will be meeting on May 24th at 6:30 p.m. and on May 25th at 7:00 a.m. at French Prairie Middle School. 5) Community Preparedness Training will be held on May 11, 2005. 6) The School District Budget Committee has approved a budget for 2005-06'but the legislature has not finalized their work in determining how much money will be distributed to schools state-wide. The budget was based on a $5.25 billion allocation to schools and he is hoping to see that allocation approved by the State. Based on that allocation, the School District has had to invest one-half of their reserves into this year's budget to support increasd PERS retirement contributions, purchase of new science textbooks, and deferred short and long-term maintenance. 3498 LETTER FROM BERT GOTTSACFdgR. Mayor Figley stated that the City had received a letter dated May 4, 2005 from Mr. Gottsacker. Also included in the agenda packet is a memo from City Attorney Shields to Administrator Brown providing a legal opinion (Memorandum Opinion 2005-02) on the City's response to Mr. Gottsacker's letter. Mayor Figley encouraged anyone considering the filing of a Measure 37 claim to give the Council as much information as possible to allow the Council an opportunity to evaluate a claim as outlined in Ordinance 2378. 3580 CONSENT AGENDA. A) approve the Council minutes of April 25, 2005; B) accept the Planning Commission minutes of April 14, 2005; C) receive the Building Activity report for April 2005; D) receive the Planning Tracking Sheet dated May 4, 2005; E) receive the Police Department Statistics report for March 2005; and F) receive the Aquatic Center Revenue Comparison report. Page 5 - Council Meeting Minutes, May 9, 2005 9 TAPE P.E _.ad3 Er,.IG 3659 COUNCIL MEETING MINUTES MAY 9, 2005 MCCALLUMFNICHOLS... consent agenda be adopted as presented. The motion passed unanimously. COUNCIL BILL 2570 - RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH MAPdON COUNTY FOR USE 3984 OF INMATE WORK CREWS. Councilor Sifuentez introduced Council Bill 2570. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor McCallum questioned as to how extensive the City uses work crews and in what areas. Public Works Manager Rohman stated that the City has used State of Oregon inmate work crews in the past primarily in labor intensive work in the parks and right-of-ways. The Marion County work crew has a little more flexibility than the State and utilizing the County work crew will give the City another source. This program is very cost effective and valuable in getting work completed. Both the State and County provide security /supervision and the City will provide one or two employees to assist with the projects. The intergovernmental agreement will expire June 30, 2005 since the County likes to review their costs annually but the Resolution will allow the City Administrator to sign future agreements with the County for work crews. Mayor Figley and Councilor Lonergan stated that they have seen improvements in Settlemier Park from the work completed by a work crew. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2570 duly passed. COUNCIL BILL NO. 2571 - RESOLUTION AUTHORIZING THE CITY TO APPLY FOR A TRANSPORTATION AND GROWTH MANAGEMENT GRANT FROM THE OREGON DEPT. OF TRANSPORTATION AND OI~GON DEPT. 4058 OF LAND CONSERVATION AND DEVELOPMENT. Council Bill 2571 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 2571 duly passed. REQUESTS FOR PROPOSALS - EVALUATION OF EMPLOYEE BENEFITS. Administrator Brown stated that he did not believe that the City would be getting the amount of service that the City really wanted out of this project and felt that it would be to the City's benefit to start over and obtain new proposals with a more defined scope of service. By re-advertising for Requests for Proposals, represented employees will be more involved in the development of scope of work and in the selection process before the Health Care Committee begins their work in evaluating employee benefit plans. Page 6 - Council Meeting Minutes, May 9, 2005 l0 COUNCIL MEETING MINUTES MAY 9, 2005 TAPE PdEADING NICHOLS/MCCALLUM... reject all proposals to provide services for the evaluation of employee benefits based upon a finding that it is in the public interest to do so. The motion passed unanimously. 4204 PUBLIC WORKS DIRECTOR EMPLOYMENT AGREEMENT. MCCALLUM/SIFUENTEZ... accept the employment agreement with the Public Works Director as presented. The motion passed unanimously. 4275 CITY ADMINISTRATOR'S REPORT. Administrator Brown informed the Council that he had received an offer on the Community Center and he then made a counter offer which was accepted by the individual interested in purchasing the property. In order to dispose of the property, a public hearing process is required and he will be scheduling a hearing for the next regular Council meeting to discuss the proposed sale of the Community Center property. 4360 MAYOR AND COUNCIL REPORTS. Councilor Lonergan stated that the Council was challenged to step up and take drug a test and he would be willing to take the test. Additionally, he would not be at the next Council meeting since he will be out of town. Councilor McCallum stated that he has already taken the drug test. Councilor Nichols and Mayor Figley stated that they have not taken a drug test but felt confident that the results would be negative. Councilor McCallum stated that he had made a request at the last meeting for a report on the Renaissance Access Road which Administrator Brown had provided but requested that the Administrator provide a brief verbal report. Administrator Brown stated that the City had approved additional development in the Tukwila subdivision. One of the conditions of approval was the construction of an emergency access road and the attempt on the part of the developer to seek a Goal exception from Marion County to allow the development of that roadway to full City standard across EFU zoned property to Boones Ferry Road This roadway development would be anticipated if the property is brought in through the UGB expansion, however, the City would like to have seen this improvement made sooner due to safety concerns. Among the conditions were amounts placed in bond to build this road through the promise of a development agreement and the promise that they would go forward to seek the Goal exception before the UGB expansion project was finished and decided upon. The application was made to the County and, after a hearing was held before the Hearings Officer, the recommendation from the Hearing's Officer was that the applicant did not thoroughly make their case for a Goal exception. As a result, the County Commissioners concurred with the Hearings Officer's recommendation and the application was denied. The emergency access road can be built under current land use law as an allowable use Page 7 - Council Meeting Minutes, May 9, 2005 COUNCIL MEETING MINUTES MAY 9, 2005 TAPE READING and that will still be done. However, to build a roadway to City standards is on hold until such time as it is determined if a UGB expansion in that area is approved and, if approved, there is still a promise that a road will be built and a bond is still in place to make sure that funds are available for that purpose. Councilor McCallum stated that the developer is building excellent homes but residents in that area have great concerns about the increase in traffic and the access in and out of the development. In the future, he will be looking much more carefully at those types of issues since it appeared that there was a good case for granting the Goal exception but it ended up being a change in the anticipated result. Councilor McCallum also reminded the Council that the Mayor's Prayer Breakfast will be held on Saturday, May 14, 2005, from 7:00 mm to 9:00 am. Tickets are still available from Kiwanis members. Mayor Figley stated that this is a Kiwanis function and she is looking forward to participating in this annual breakfast event. 5084 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn into executive session under the authority of ORS 192.660(1)(h) and ORS 192.660(1)(0. NICHOLS/SIFUENTEZ... adjourn into executive session under the statutory provisions cited by the Mayor. The motion passed unanimously. The Council adjourned into executive session at 8:16 p.m. and reconvened at 8:27 p.m.. 5130 Mayor Figley stated that no decisions were made by the Council while in executive session. 5156 ADJOURNMENT. NICHOLS/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:28 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 8 - Council Meeting Minutes, May 9, 2005 12 Executive Session COUNCIL MEETING MINUTES May 9, 2005 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF O~GON, MAY 9, 2005. CONVENED. The Council met in executive session at 8:18 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Figley Present Councilor Bj elland Absent Councilor Cox Absent Councilor Lonergan Present Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Mayor Figley reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Brown, City Attorney Shields, City Recorder Tennant The executive session was called under the following statutory authority: 1) To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660(1)(h); and 2) To consider records that are exempt by law from public inspection pursuant to ORS 192.660(1)(f). ADJOURNMENT. The executive session adjourned at 8:26 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 1 - Executive Session, Council Meeting ~Utes, May 9, 2005 THIS PAGE INTENTIONALLY LEFT BLANK 14 8B MINUTES MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD DATE: ROLL CALL: STAFF PRESENT: GUESTS: CALL TO ORDER: SECRETARY'S REPORT: May 11, 2005 Mary Chadwick - Absent Yesenia Chavez - Present Neal Hawes - Present Ardis Knauf- Absent Kay Kuka - Present Patricia Will - Present Catherine Holland - Present Linda Sprauer, Library Director Vicki Musser, Recording Secretary None. President Catherine Holland called the meeting to order at 7 pm. The minutes of April 13, 2005 were approved. CORRESPONDENCE: PUBLIC COMMENT: Yesenia Chavez, the Board's Correspondence Secretary, read two pieces of correspondence aloud. Representative Betty Komp wrote, thanking the Woodbum Library for allowing her to host Town Hall meetings in the Library. In addition, Kathleen Hammack, AARP coordinator, expressed appreciation to the Library for hosting AARP's Tax Aide Program. She noted that the Library's central location and cooperation were key to the program's continued success. None. DIRECTOR'S REPORT: Staff Report: Donna Melendez spoke to the Library Board regarding the work that goes on in Technical Processing, much of it done by volunteers. Under her guidance, both staff and volunteers process new books, which involves labeling, stamping, and bar coding the books. They also provide them with protective book covers or laminate the dust jackets. Staff members enter new book information into the computer, on order to get them ready for patrons to read. Technical Processing is also responsible for processing new audiotapes, CDs and DVDs, as well as cleaning and repairing older materials to the best of their ability. Recently, the Library has contracted with Dr. Disc, a DVD/CD repair company, to clean 15 and buffup to 10 DVDs or CDs a month on an ongoing basis. Donna recently bought some new Spanish languageVHS and DVDs, such as the VHS tape, "The Incredibles", a DVD about the musical singer Selina, and a documentary on the life of Pope John Paul. Donna has enlisted the help of various staff members to update various sections of the Library's non-fiction collection. Dan, Assistant Library Director, is going through the Library's information on investing, and purchasing up-to- date materials. Christine, Reference Librarian, is working on the Library's World War inventory, as well as Economics materials, and Donna is removing old cookbooks, gardening and craft/knitting/crocheting books, and replacing them with up-to-date ones. Monthly Statistics: There are still some gaps in the statistics. Millennium capabilities are evolving, and in a matter of months, full statistical capability is expected. The People Count for April was 18,689, which is up approximately 1,000 from April of 2004. According to the statistics, more than 15 people an hour on average are using the computers to access a variety of information, from the Internet's infinite resources to the Library's many databases. Activities: Super-Saturdays, a series of creative workshops directed at children, ages 9-11, are being held once a month, beginning April 2, and continuing through July 9th. On Saturday, June 4, Super-Saturday presents storyteller Will Hornyak in a workshop entitled, "Everyone A Storyteller!" On July 9th, the "Build A Puppet" workshop will be given, featuring puppeteer Jason Ropp. The Library's Summer Reading Program begins on Saturday, June 18th, with a weekly story time, Saturday at the Library, special Thursday afternoon programs (Birds of Prey; Jen and Wendy, singers; Angel Ocasio, clown performance), Tuesday Night Crafts and Bi- lingual Storytimes. Family Storytimes begin on Wed, June 22 at 10:30 am and continue through July. This year, the Summer Reading Program's theme is "Joust Read". Tickets will be given throughout the summer to children as they read, and at the end of the program, drawings and prizes will be awarded. The State gives certificates to children who have read 15 books within a designated amount of time. Studies have shown that children who read during the summer are able to retain more of what they learn in school the rest of the year. Third Thursday Teens will continue to be held on the third Thursday of each month, from 6:30-7:30 pm. The Library, which generally closes on Sundays for the summer beginning on the Sunday before Memorial Day, will open on Sunday, June 5, and Sunday, June 12, in hopes of better serving students studying and finishing up reports before the end of the school year. The Library will close Sundays for the summer on Sunday, June 19, and will reopen on Sunday, September 11, the Sunday after Labor Day. Holidays: The Library will be closed on Sunday, May 29 and Monday, May 30 in observance of Memorial Day. Volunteer of the Month: The Volunteer of the Month for April is Amber Rogers, daughter of Library staff member Jeannie Rogers. She has been an official volunteer since 2000, but came with her mother to unofficially help out for many years before that. Amber has volunteered with Library Storytime, craft projects, and special programs. The Library recognizes Amber's outstanding service over the years by naming her Volunteer of the Month for April. Personnel: Beulah Leder, Library Page, is retiring on May 20. Natalya Goldashkin, Library Assistant, has a full-time dental job, and has given notice as well. Both Beulah and Natalya will remain on-call. The two positions have been advertised and applicants are now being interviewed. On Friday, May 20, from 4-6 pm, the Library is hosting a reception in honor of Beulah's many years on staff. Staff members, friends and family are invited. Beulah, who has worked in both Technical Processing and Youth Services, will be missed, as will Natalya. Arlene Zellner, Library Assistant, has been off following knee surgery April 12. She is having weekly physical therapy and doing well. Arlene hopes to return to the Library to work for a few hours a day as soon as possible. Friends of the Library: Neal Hawes, Library Board Member and past Treasurer for the Friends of the Library, reported that elections for the Friends are complete. Neal is now the President of the Friends of the Library. Sandy Kinney is Vice President, Loft Hawes has been elected Treasurer, and Amy Karecki will serve as Secretary. Mid-Valley Bank has approved a $25 bond to use as a Summer Reading Program prize. Neal noted that preparation for Music in the Park is progressing. The concert bands have all signed and returned their contracts, and All~Tech Sound will be at each concert to assist with sound and lighting, if needed. 17 Thirty sponsors are needed to support Music in the Park. Neal received sponsorship from three local businesses. United Disposal, Woodburn Vision Center, and Mufflers, Hitches and More have all committed to sponsoring one of Music in the Park's concerts. Five sponsors are still needed. Lupita's, Izza Pizza, and Coastal Creamery will be the food vendors at the upcoming concerts. Hat and t-shirt options are still being explored. Hat ideas include a "Music in the Park" logo on the front of cap, and the names of the current sponsor on the back. Graphic designs for a concert poster have been narrowed down to a single choice. The Friends of the Library Book Sale took place on Friday, April 22, and Saturday, April 23 from 10-4 pm. The sale made $526, which is substantially less than last year. Fewer people from the community came, as well as fewer dealers. The weather was bad, which may have accounted for the drop in attendees. As well, the Book Sale was held later than its usual March sale date, due to AARP Tax Aide needing the Carnegie Room well into April. This also may have affected sales. OLD BUSINESS: NEW BUSINESS: BUSINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: ADJOUPdNMENT: Library Budget: The 2004-05 budget is completed. CCRLS Advisory Board: There is an opening on the CCRLS Advisory Board. It is a three-year term position. The Board meets 4-5 times a year, from September through June. Applicants must be residents of Marion County. Both Woodburn and Salem Public Libraries have applications. Mary Chadwick, Library Board Member, has been diagnosed with pneumonia. The Library Board signed a get-well card, and wished her a speedy recovery. The meeting was adjourned at 7:45 pm. Respectfully submitted, Vicki Musser 8C WOODBURN PLANNING COMMISSION MEETING MINUTES April 28, 2005 CONVENED The Planning Commission met in a regular session at 7:00 p.m. in City Hall Council Chambers with Chairperson Lima presiding. ROLL CALL Chairperson Lima P Vice Chairperson Bandelow P Commissioner Vancil P Commissioner Grigorieff A Commissioner Hutchison P Commissioner Jennings P Staff Present: Jim Mulder, Community Development Director Jason Richling, Associate Planner Chairperson Lima provided an opening for Public Hearing. MINUTES A__~. Woodburn Planning Commission Meeting Minutes of April 14,2005 Vice Chairperson Bandelow moved to approve the minutes as drafted. Commissioner Vancil seconded the motion, which unanimously carried. BUSINESS FROM THE AUDIENCE None COMMUNICATIONS A__~.. Woodburn City Council Meeting Minutes of March 28, 2004 PUBLIC HEARING Design Review 05-01 and Variance 05-05, request to change use and renovate the old K- Mart building to a medical facility at 1475 Mt. Hood Ave., Matthew Spicer, applicant. EX-PARTE CONTACTS Commissioner Jennings reported he and Bob Engle have been friends for a very long time. However, he did not feel there was any bearing in the way he would vote to support or not support the project. Ch.airperson Lima indicated he is familiar with the facility and met Mr. Engle at previous Planning Commission meetings. Vice Chairperson Bandelow commented all the Commissioners are probably familiar with the property and Mr. Engle. Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report. Staff recommended approval of Design Review 05-01 and Variance 05-05 based on the information in the report, the information provided by the applicant and the applicable review criteria subject to the conditions of approval listed in the Staff Report. Commissioner Jennings indicated he spoke with Staff about concerns he had regarding the easement. He stated there is an easement requirement that was placed on Washington Mutual Bank. Commissioner Jennings further commented there used to be an opening by the Washington Mutual Bank where you Page 1 of 8 Planning Commission Meeting - April 28, 2005 '~ 9 could go right in to that piece of property but apparently the easement has changed from where he thought it was. He inquired what is the easement requirement and do we have any knowledge of what might go in the bare piece of property? Additionally, he asked whether there is an easement in front of the Washington Mutual Bank? Staff replied there has been possible talk of a proposed retail center in the future to go in the bare piece of property. He indicated there is no easement in front of the Washington Mutual Bank. However, the only cross access easement that exists is between the newly created parcels. The property line runs just about in the middle of the two parcels. Commissioner Jennings stated it appeared that there was an easement requirement in front of the Washington Mutual drive-thru. Staff said when speaking with Commissioner Jennings last week he believed the easement was further South than it actually is on the partition plat. He commented how it looks on the map compared to how it looks on the ground are two different things. Vice Chairperson Bandelow reported Washington Mutual did open that side at one point. Moreover, the personnel at the bank informed her that the owners of the K-Mart property, at that point, forced them to close it. Staff stated that could be because there is no reciprocal easement that we are aware of. Commissioner Vancil remarked from reviewing the material, he was not clear as to the percentage of the building that will not be developed. Staff responded he believed the entire structure is to be used for the ambulatory health center but there were a few segments of the floor plan that have not been pinned down to precisely what they will be. Commissioner Hutchison asked if the connection to the East was not feasible with K-Mart based upon the property owner not agreeing to it, has it been approached in this case? Additionally, it seemed to him a hindrance to have the connection right up to an unpaved area because it would decrease their paved area very quickly if trucks are being brought through there. Commissioner Hutchison inquired why are we having the applicant put a brand new driveway in to an unfinished area that is practically a field? Secondly, if the person does not agree to that, will it waived? Staff answered they are in position now to make it happen. He stated this is how cross connections are done and how access management is accomplished by doing exactly what has been done in this case. It is the policy of the City to accomplish this as it is clear in the code that you are to do cross connections whenever feasible. The only exception to that would be if the uses or zones were incompatible with each other where you would not want to have a cross connection. However, you definitely want to accomplish cross connection in a commercial zone especially when you are on essentially one of the busiest streets in the City. Staff indicated they are planning for the future and there will be no physical cross connection when this development goes forward and all we can expect from this applicant is that they do their portion. He further reported the easement was required from the adjacent property owner when they partitioned so that there is something to connect up to as far as the easement. There will be no physical connection there until the property is developed and therefore, cars will not be able to drive across that. He also stated the other owner has already agreed by granting the easement and they cannot renege on that. At this point, only the City can allow that to be removed. Staff clarified that Washington Mutual will not be required to do their portion of the improvement. TESTIMONY BY THE APPLICANT Bob Engle, Webstar V. LLC, 610 Glatt Circle, Woodburn, OR 97071 explained a development group called Webstar, which he is a member of. bought the K-Mart building and property solely for the purpose of the use and benefit of Silverton Hospital. He introduced Michael Frasier as the Director for Woodburn Page 2 of 8 Planning Commission Meeting - April 28, 2005 20 Services for Silverton Hospital and indicated Matthew Spicer, Clark IKjos Architects, LLC is the architect working for Silverton Hospital in the design of the building. However, Matt Ottinger is present tonight on behalf of ClarldKjos Architects because Mr. Spicer could not be here tonight. Mr. Engle also introduced Ken and Gene Triplett, Triplett Welllman, Inc., as the contractors who will do the renovation of the building and they also happen to be members of the Webstar Group. Mr. Engle indicated he wanted to get the additional information to the Commission last week and apologized for having distributed it tonight but Staff indicated to him that if he sent it to the Commissioners prior to the hearing it might have been considered as a pre-hearing contact. He also stated he did not have the Staff Report until Friday and Monday was the first opportunity he had to know for sure what he was going to do. Mr. Engle commented they are in agreement with every condition contained in the Staff Report with the exception of the condition for a cross connection. Silverton Hospital, the architects and the property owners consider that condition a recipe for disaster because the uses are not consistent. He pointed out he did not hear from Staff nor did he read in the Staff report why they need the cross connection at this point in time. Mr. Engle referred to Exhibit A-1 and A-2 and stated as it now stands, the reciprocal easement that Staff indicated is in place between what is going to be called Mid-Valley Plaza, Mid-Valley Bank, the sports bar and the entire shopping center is going to have access back and forth to Mr. Wolf's commercial development. Their concerns are with the night use of the sports bar, the restaurant and an urgent care clinic and it not being a consistent use. He also made reference to his memo to the Commission and pointed out the cross connection is not a requirement. It is discretionary for the City to say if it works out, if you have consistency of use, if you have similarity of use, there is not going to be a conflict, then a cross connection would be a good thing. Mr. Engle further remarked the properties would have plenty of exits out on to the major arterials and therefore, the cross connection that will be there will provide more than adequate access for this particular piece of property. He discussed the reasons why they do not want the cross connection in to their property. The owners of the Progress Way property still own it and there were CC&R's in place at the time the properties were planned and in fact still are, that require cross connections and access for the K-Mart property out to Progress Way. He said they want to keep it that way so that access is there because there is no conflict with their use on anything that might go on that property. In closing, Mr. Engle requested that the Commission ask themselves what is the need for the cross connection between the two properties that offsets the potential danger with traffic, drivers and stress conditions going in and out of the urgent clinic at all hours of the day and night? Mr. Engle further reported there would be an aesthetic center, which would include plastic surgery and would have a separate entrance for people that may not want to go through the front entrance for confidentiality issues. Commissioner Bandelow inquired why is the urgent care on that side and not the other? Matt Ottinger, ClarldKjos Architects stated he was part of the planning and design committee that came up with the layout before the Commission tonight. He reported they do not have the space on the other side of the building because it is very narrow and it is also where all the utilities come in and was prohibitively expensive to relocate. Additionally, he mentioned they are trying to limit the amount of automobile traffic that people will have to negotiate. People going to the center should already be aware of the fact that there are other patients. However, someone coming from a sports bar or other retail outlets may not be aware that they are about to encounter a compromised person walking in front of them. Michael Frasier, Director of Woodburn Operations for Silverton Hospital reported he is responsible for all of the activities of Silverton Hospital in the Woodburn area as well as with some clinic facilities in the · Silverton area. Chairperson Lima commented it appeared that Mr. Engle was picking on a particular individual about the sports bar and the restaurant when he failed to mention that there is another restaurant there that could also benefit from the cross connection. He further remarked he is aware that a sports bar could no longer serve alcoholic products if you are intoxicated because then the owner will be fined and probably lose their liquor license. Secondly, he requested clarification regarding the confidentiality issue concerning a private entryway for plastic surgery patients. Page 3 of 8 Planning Commission Meeting - April 28, 2005 21 Michael Frasier stated hospitals and health care operations are bound by the HEPA and are obliged to provide a certain level of privacy to their patients, if they so desire. He clarified that is not the sole purpose of having the separate entryway. Vice Chairperson Bandelow interjected she could guarantee that most men or women who are going to have plastic surgery done in the town in which they live will want to enter and leave by a back door. She felt the applicants' statements were absolutely correct and it is one of the things that most of the clinics advertise and she understood the need for a back door. Bob Engle further remarked the confidentiality issue was really not the issue; the issue is that you've got more traffic going around that area. Vice Chairperson Bandelow asked if the applicant's fear would be alleviated if the joining of the properties were further to the South and with perhaps a little reconfiguration out front on the entrance to the applicant's property? Michael Frasier provided the history of the original planning considerations as they looked at the site. He described the building as being a big box sitting on an additional five acres of black top, which has less of an ideal environmental situation than they would like to see. Ideally, in a building of that size they would have three public entryways into the building. This presented a real challenge to them just because of the size of the building and as a result they ended up with two of the entryways in the front and Eastside and the placement of the urgent care center was due to the ability to access it. He explained the back area would be a storage area and the employee entrance would be towards the very back. Mr. Frasier reported they would have about 100 employees that work there, 50 of which would be newly created jobs in the area. Additionally, by expanding the urgent care center hours to 8 hours a day 7 days a week from just evening hours, they are currently seeing between 8,000-9,000 patients visits a year. They anticipate that it would be very reasonable to see 15,000-16,000 patient visits a year because the urgent care center will become a higher level urgent care center than it has been with a lot more space, more access to lab and radiographic facilities. It has been Mr. Frasier's experience in previously developed urgent care facilities to see about 19,000 patient visits. He indicated they recognize that will draw from beyond the city limits of Woodburn as well because of all the space and the array of services they want to develop. Mr. Frasier mentioned they are aware of the tight band as you come in the entryway and they assume there would probably be about two ambulance trips a day in and out of the facility. Moreover, truck traffic would be coming in to support the services that are there as well as the employee traffic to the back, which they cannot work around and would have to be aware of that. He expressed concerns with the access and the additional traffic going through the main parking area for the .urgent care center trying to come out and complete the Iccp all the way through to the other side while there is pedestrian traffic. Additionally, he reported they worked extensively with the landscape architects in trying to make the space as green as possible and trying to make it look more than 5 acres of blacktop. Nonetheless, they would need every bit of parking for a significant part of the day and he expressed concerns in that they would be giving up parking spaces and saw themselves with conflicting values. Vice Chairperson Bandelow commented there are some significant advantages to having the cross connection. Commissioner Jennings interjected the easement will come in to that property because it has already been partitioned and the easement cannot be moved. Chairperson Lima asked Mr. Frasier when would construction start if the project moves forward? Bob Engle answered they hope to begin doing something in September and to complete the project by late next year. Chairperson Lima also inquired whether the urgent care center would be the main business? Planning Commission Meeting - April 28, 2005 22 Page 4 of 8 Michael Frasier replied the urgent center would be an anchor tenant to other key programs. He described the aesthetic center as being beyond aesthetics and would include dermatology, plastic surgery as well as reconstructive surgery. In addition, there are plans for primary care service through the integrated medicine department. Mr. Frasier pointed out they are a charitable non-profitable organization and see all patients regardless of ability to pay, which is carried through all of their operations. He stated other development and clinical services at other sites would be tied in with the new facility. Bob Engle commented he would like to hear, at some point in time during Commission discussion, why the Commission feel that in the face of all the other entrances and exits that the other properties have that it is so important to have a cross connection Vice Chairperson Bandelow expressed concerns with what we are going to be looking at five years from now when someone comes back before the Commission and they have to revisit the issue because there are no connections there. TESTIMONY BY PROPONENTS None TESTIMONY BY OPPONENTS None DISCUSSION Chairperson Lima closed the public hearing and opened up for discussion among the Commissioners. Discussion was started by Chairperson Lima asking Staff about the easement and the possibilities of being relocated to a different area and how much of an impact it would have on the proposed parking areas? Staff referred to the aerial overhead and explained why cross connections are required and why it is a City policy to provide that. It is a policy of the existing Transportation Plan as well as the draft Transportation Plan that is currently being considered by the Council to provide cross connection. Additionally, it is also a policy of the Oregon Department of Transportation through the City's Transportation Plan that we provide for a cross connection for access management. Staff indicated it is obvious you want to address the conflicts of turning movements from driveways on to the highway whenever you have a very busy highway or arterial. He made reference to the applicant's statement regarding conflicts that could be created on site and stated those don't even compare to conflicts and the potential hazards crossing the highway. Having unneeded turning movements across the highway are potentially much more hazardous as they are obviously higher speed and could create much more of a danger to life than conflicts within a parking lot where the speeds are going to be much lower. Moreover, on private property the applicant could put all sorts of traffic calming devices they want to really slow down the traffic and mitigate any potential hazard in the parking lot. Staff said he did not see hazards within the parking lot as an issue. He hoped the Commission would understand that this partition came in before this development plan did. They try to plan for the future and in the best way that makes the most sense to where it hopefully would work in the future for cross connection. Staff further explained it was not feasible to make the access straight across as the parking is tight for the proposed development and doing that would remove at least 15-20 parking spaces. Providing a cross connection would not provide a thoroughfare and we were sensitive to the applicant's concerns about everyone coming through their site. Commissioner Jennings commented the present signals make a break in traffic and he felt there is no danger unless you are not paying attention to what you are doing. He questioned what are the similarities between a retail development, a pizza parlor, a bank and whatever else is out there to a medical facility? There is no relationship to the word "similar", except for zoning and he could not support the easement. Commissioner Vancil pointed out it is a difficult intersection to get out off and will become twice as difficult when you add ten more retail spaces. There isn't enough traffic control on Highway 214 and he could not Page 5 of 8 Planning Commission Meeting - April 28, 2005 23 imagine allowing the development before the Commission tonight or future development without getting more people coming out at the light because there is more traffic than is safe now. Commissioner Hutchison stated somebody bleeding profusely needing to get in to the urgent center might be coming through within the 2-3 hour rush and he believed the risk of injuring somebody that needs urgent care is something we need to consider. In addition to the current restaurants in the area it is possible that another restaurant facility would go in that could also serve adult beverages and we are giving a thoroughfare to an easier access through a facility that caters to helping people. Chairperson Lima asked whether the condition of access could be modified at this point? Staff replied there needs to be a reasonable expectation that the condition could be accomplished to apply it as a condition, otherwise it would probably be inappropriate to make it a condition. Commissioner Vancil pointed out any way you cut it up you've got the 3 acres of land and we are talking about a space that is approximately 30-40 ft. wide and 100 ft. long that is either going across some place. Is having the road part of the applicant's site plan or is it part of the modifications that were made by Staff to accommodate the easement? Staff clarified the parking lot configuration decision was made with the partition when the easement was established, which provided the only means of providing connection. The design of the parking lot was the applicant's design. Additionally, he indicated the applicant has shown where that easement is but has not shown the physical connection in that area. Staff's recommended condition is that the applicant modify the site plan in that area to actually provide a physical connection, which would entail the loss of three or so parking spaces. Vice Chairperson Bandelow referred to Mr. Engle's question regarding why we think it is important to have the connection. She stated part of it is that very often the Commission has to come back and revisit decisions they've made 2-4 years ago that no longer work as other things change in the City and as traffic worsens. To have a connection all the way across allows flexibility for development for everything. She felt you could safely enter and exit the area because you can wait long enough and make a left or right turn anywhere. However, that is not happening because people are shooting across from Bi-Mart into Shari's at a frightening rate. She thought the access would allow those who would like to be safe as we go in and out a way to do that as we go through the various businesses. Although the interior atrium and the building facade are fantastic, she felt we should find a way to make the easement work in order to provide some protection to the urgent care center. Commissioner Vancil stated he was in favor of the application with the access and believed we should keep the access; leave it up to the planners and the applicants to figure out how the configuration will be on site. Commissioner Jennings interjected medical facilities sell a service, whereas a pizza parlor or retail developments sell product, which he considers as commercial. Additionally, he stated he could not support creating a thoroughfare clear from Highway 99E to Progress Way. Chairperson Lima asked if the Washington Mutual Bank could provide a jog to get to the easement? Staff answered the connection would not be made until the vacant property is developed or the bank does something that would trigger them to make that improvement. Therefore, whoever comes first would improve the easement across its full length even if part of the easement is on their neighbors property. He further explained it becomes practically impossible to make that type of thing happen if you do not obtain these types of easements. Staff referred to Vice Chairperson Bandelow's comment regarding looking towards the future and providing for this cross access. He mentioned traffic volume will only get heavier on the highway and it may not be that far in the future where ODOT may install a median down the middle of the highway just like has been done North and South of the intersection on Highway 99. Page 6 of 8 Planning Commission Meeting - April 28, 2005 24 There would be no option for left turns out of the driveways once the median is in. Commissioner Jennings remarked having looked at the improvement plan for Highway 214, which includes a 5-lane highway with no median down the middle of it, he felt we should not try to be convinced that somebody would put a median in when they have absolutely no idea in the world what will happen. Additionally, he thought we could not base a decision on something that he guarantees will never happen. He mentioned Mark Wolf has partitioned the property and has indicated as well as has spoken with Staff that he is going to put in a 10-unit retail center. Commissioner Jennings further stated he is living in the real world and knows what the developer is going to do. Therefore, he has to put that information in context and make his decision based upon what he knows is going to happen to that property even though there is no plan submitted to the City today. Vice Chairperson Bandelow further added highway traffic in the real world is going to get greater and there will be more controls on it and we need to have access for all of the businesses along there. Commissioner Vancil interjected the plan when the light was put in was to provide access to all the businesses. Commissioner Jennings commented Commissioner Vancil's statement was incorrect, as the plan for an easement to the east was not requested on paper. Chairperson Lima pointed out the fact of the matter is the easement is granted and is required by City ordinance. Commissioner Hutchison questioned whether it is based on the connection or is just suggested and not actually required? Staff responded it is intended to be somewhat flexible depending on the situation. Vice Chairperson Bandelow moved to approve Design Review 05-01 and Variance 05-05 and instructed Staff return with facts and findings, which includes all of the conditions as stated in the Staff Report. Commissioner Vancil seconded the motion. Motion carried with Commissioner Hutchison and Commissioner Jennings voting No. Commissioner Hutchison stated for the record that he felt the project is a benefit to Woodburn in many ways however, he really regrets the access issue. iTEMS FOR ACTION None DISCUSSION ITEMS None REPORTS None BUSINESS FROM THE COMMISSION Chairperson Lima announced the Woodburn Flower Basket Program is currently soliciting donations and he commented the Commissioners have contributed in the past as a group. Commissioner Jennings interjected he refused to ask people at the bench to donate to any program back when he was Mayor. He indicated he supports the program on his own and he recommended the Commission support the program as individuals and not as a Commission. Planning Commission Meeting - April 28, 2005 25 Page 7 of 8 Commissioner Vancil agreed with Commissioner Jennings. ADJOURNMENT Vice Chairperson Bandelow moved to adjourn the meeting. Commissioner Jennings seconded the motion, which carried unanimously. Meeting adjourned at 8:50 pm. APPROVED CLAUDIO LIMA, CHAIRPERSON DATE ATTEST Co~_m,~i~ity Development Director City~of/Woodburn, Oregon Date Planning Commission Meeting - April 28, 2005 26 Page 8 of 8 Incorporated May 17, 2005 TO: FROM: SUBJECT: Mayor and City Council through City Administrator Scott Russell, Chief of Police ~/' Police Department Statistics - April 2005 RECOMMENDATION: 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 Police Departments Records Management System. The Previous year's statistics are also displayed for comparison purposes. FINANCIAL IMPACT: None Agenda Item Review: City Administrato 27 City Attorney Financ~ ~uuuuu~u run,ce uep~. PAGE DATE: 5/17/2005 PL6860 TIHE: 17:46:00 MONTHLY CRIMINAL OFFENSES FOR JANUARY THRU APRIL 2005 SC01ffRU ORI#: 0R0240500 WPD RESULTS FOR ALL OFFENSES CHARGE DESCRIPTION JAN FEB ~ APR TOTAL AGGRAVATED ASSAULT I 3 2 3 9 AGGP, AVATED ~JRDER ANIMAL ORDINANCES ARSON ASSAULT SIMPLE ATTEMPTED MURDER BOMB THREAT BRIBERY BURGLARY - BUSINESS BURGLA.RY - OTHER STRUCTURE BURGLARY - RESIDENCE CHILD ADBANDOMENT CHILD NEGLECT CITY ORDINANCE CRIME DAMAGE-NO VANDALISM OR ARSON CURFEW CUSTODIAL INTERFERENCE CUSTODY - DETOX CUSTODY - MATERIAL WITNESS CUSTODY - MENTAL CUSTODY - PROTECITVE DISORDERLY CONDUCT DOCUMENTATION DRINKING IN PUBLIC DRIVING UNDER INFLUENCE DRUG LAW VIOLATIONS DRUG PARAPHERNALIA DWS/REVOKED - FELONY DWS/REVOKED-MISDEMEANOR ELUDE EMBEZZLEMENT ESCAPE FROM YOUR CUSTODY EXTORTION/BLACKMAIL FAIL TO DISPLAY OPERATORS LICENSE FAMILY-OTHER FORCIBLE RAPE FORGERY/COUNTERFEITING FRAUD - ACCOUNT CLOSED CHECK FRAUD - BY DECEPTION/FALSE PRETENSES FRAUD - CREDIT CARD/AUTOMATIC TELLER MACHINE FRAUD - IMPERSONATION FRAUD - NO ACCOUNT - CHECK FRAUD - NOT SUFFICIENT FUNDS CHECK FRAUD - OF SERVICES/FALSE PRETENSES FRAUD - WELFARE FPAUD - WIRE FRAUD-OTHER FUGITIVE ARREST FOR ANOTHER AGENCY FURNISHING GAMBLING - BOOKJqAKING GAF1BLING - GAMES GAMBLING - ILLEGAL DEVISES/MACHINES 0 0 0 0 0 0 2 10 9 21 I 0 0 I 2 20 11 18 15 64 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7 5 4 I 17 2 i 4 2 9 14 5 12 11 42 0 0 0 0 0 0 0 0 0 0 2 I 5 2 10 34 23 24 21 102 0 0 0 3 3 0 0 0 i 1 i 5 i 3 10 0 0 0 0 0 0 0 0 I 1 0 0 0 0 0 3 i 2 3 9 0 0 0 0 0 0 0 0 0 0 4 9 8 6 27 6 10 7 12 35 0 0 0 0 0 0 0 0 0 0 I 2 2 4 9 0 2 4 3 9 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 I 3 i 9 0 0 i 0 1 0 3 0 0 3 4 6 8 10 28 0 0 0 0 0 0 2 2 0 4 0 0 0 0 0 i 4 2 3 10 0 0 0 0 0 0 0 0 0 0 i 0 3 i 5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 32 29 28 3i 120 i 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 28 .................. w. PAGE DATE: 5/17/2005 PL6860 TIME: 17:46:00 MONTHLY CRIMINAL OFFENSES FOR JANUARY THRU APRIL 2005 SCOTTRU ORI#: 0R0240500 WPD RESULTS FOR ALL OFFENSES CHARGE DESCRIPTION JAN FEB MAR APR TOTAL GA~ql3LING - ILLEGAL PAY OFF 0 0 G/~qBLING - NUMBERS AND LO1-FERY 0 0 G/N~iBLING - OTHER 0 0 GARBAGE LITTERING 0 1 HIT AND RUN FELONY I 0 HIT AND RUN-MISDEMEANOR 14 8 ILLEGAL ALIEN - INS HOLD 0 0 ILLEGAL ESTABLISHMENT 0 0 ILLEGAL LIQUOR-MAKE,SELL.POSSESS 0 0 IMPORTING LIQUOR 0 0 INTIMIDATION /OTHER CRIMINAL THREAT 2 0 JUSTIFIABLE HOMICIDE 0 0 KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 0 0 KIDNAP - FOR P, ANSOM 0 0 KIDNAP - HI-JACK,TERRORIST 0 0 KIDNAP - HOST/~SE/SHIELD OR REMOVAL/DELAY WITNESS 0 0 LICENSING ORDINANCES I 0 LIQUOR LAW-OTHER 0 0 LIQUOR LICENSE VIOLATIONS 0 0 MINOR IN POSSESSION 2 3 MINOR ON PREMISES 0 0 MISCELLANEOUS 6 5 MOTOR VEHICLE THEFT 34 36 NEGLIGENT HOMICIDE - TRAFFIC 0 0 NEGLIGENT MANSLAUGHTER 0 0 NON CRIMINAL DOMESTIC DISTURBANCE 0 0 NON SUPPORT 0 0 OTHER 9 11 PARENTAL RESPONCIBILITY ORDINANCES (SVP) 0 0 PROPERTY - FOUND LOST MISLAID 23 14 PROPERTY RECOVER FOR OTHER AGENCY 0 0 PROSTITUTION - COMPEL 0 0 PROSTITUTION - ENGAGE IN 0 0 PROSTITUTION - OTHER 0 0 PROSTITUTION ~ PROMOTE 0 0 PUBLIC HEALTH AND SAFETY ORDINANCES 13 12 RECKLESS DRIVING 0 0 ROBBERY - BANK 0 0 ROBBERY - BUSINESS 2 1 ROBBERY - CAR JACKING I 0 ROBBERY - CONV.STORE 0 0 ROBBERY - HIGHWAY 0 0 ROBBERY - OTHER i 0 ROBBERY - RESIDENCE I 0 ROBBERY - SERVICE STATION 0 0 RUNAWAY 7 10 SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY 0 0 SEX CRIME - EXPOSER 0 0 SEX CRIME - FORCIBLE SODOMY 0 0 SEX CRIME - INCEST 0 0 SEX CRIME - MOLEST (PHYSICAL) 0 1 SEX CRIME - NON FORCE SODOMY 0 1 0 0 0 0 0 0 0 0 0 I I 3 2 0 3 12 6 40 0 0 0 0 0 0 0 0 0 0 0 0 3 5 10 0 0 0 i 0 1 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 I I 7 0 0 0 3 6 20 13 5 88 0 0 0 0 0 0 0 0 0 0 2 2 12 3 35 0 0 0 21 24 82 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 10 41 I 2 3 0 0 0 0 1 4 0 0 1 0 0 0 0 0 0 0 i 2 0 0 1 0 0 0 6 10 33 i 0 1 0 0 0 0 0 0 I 0 1 0 I 2 0 0 I .................. ~' PAGE DATE: 5/17/2005 PL6860 TIME: 17:46:00 MONTHLY CRIMINAL OFFENSES FOR JANUARY THRU APRIL 2005 SCOTTRU ORI#: 0R0240500 WPD RESULTS FOR ALL OFFENSES CHARGE DESCRIPTION JAN FEB MAR APR TOTAL SEX CRIME - NON-FORCE RAPE 0 4 0 0 SEX CRIME - OBSCENE PHONE ~LL SEX CRIME - OTHER SEX CRIME - PEEPING TOM SEX CRIME - PORNOGRABHY/OBSCENEMATERIAL SEX CRIME - SEXUAL ASSAULT WITH AN OBJECT STALKER STOLEN PROPERTY - RECEIVING.BUYING,POSSESSING SUICIDE 0 THEFT - BICYCLE 3 THEFT - BUILDING 2 THEFT - COIN OP MACHINE 0 THEFT - FROM MOTOR VEHICLE 43 THEFT - MOTOR VEHICLE PARTS/ACCESSORIES 3 THEFT - OTHER 15 THEFT - PICKPOCKET 0 THEFT - PURSE SNATCH 2 THEFT - SHOPLIFT 14 TRAFFIC ORDINANCES 0 TRAFFIC VIOLATIONS 21 TRESPASS 4 UNKNOWN 0 VANDALISM 56 VEHICLE RECOVERD FOR OTHER AGENCY 6 WARRANT ARREST FOR OUR AGENCY 2 WEAPON - CARRY CONCEALED 1 WEAPON - EX FELON IN POSSESSION 1 WEAPON - OTHER 0 WEAPON - POSSESS ILLEGAL 0 WEAPON - SHOOTING IN PROHIBITED AREA 0 WILLFUL MURDER 0 ZONING ORDINANCE I 4 0 I 0 0 1 0 0 0 0 0 TOTAL: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 0 I 7 1 0 0 1 i 1 2 7 3 3 4 12 0 I 0 1 38 34 36 151 0 3 I 7 12 24 12 63 0 0 0 0 0 i 0 3 4 9 9 36 2 i 0 3 14 9 5 49 7 4 9 24 0 0 0 0 43 46 35 180 11 4 4 25 I I i 5 i i 0 3 I 0 0 2 0 0 0 0 3 0 2 5 0 0 0 0 0 0 0 0 3 i 3 8 431 383 377 349 1540 2005 TOTAL: 431 383 377 349 0 0 0 0 0 0 0 0 1540 2004 TOTAL: 541 543 577 495 0 0 0 0 0 0 0 0 2156 2003 TOTAL: 520 360 437 459 0 0 0 0 0 0 0 0 1776 30 TIME: 17:45:38 ORI#: 0R0240500 WPD MONTHLY ARRESTS BY OFFENSE FOR RESULTS FOR ALL CHARGE DESCRIPTION JANUARY THRU APRIL 2005 CHARGES AGGRAVATED MURDER ANIMAL ORDINANCES ARSON ASSAULT SIMPLE Al'TEMPTED MURDER BOMB THREAT BURGLARY - BUSINESS BURGLARY - OTHER STRUCTURE BURGLARY - RESIDENCE CHILD ADBANDOMENT CHILD NEGLECT CITY ORDINANCE CRIME DAMAGE-NO VANDALISM OR ARSON CURFEW CUSTODIAL INTERFERENCE CUSTODY - DETOX CUSTODY - MENTAL CUSTODY - PROTECITVE DISORDERLY CONDUCT DOCUMENTATION DRINKING IN PUBLIC DRIVING UNDER INFLUENCE DRUG LAW VIOLATIONS DRUG PARAPHERNALIA DWS/REVOKED - FELONY DWS/REVOKED-MISDEMEANOR ELUDE EMBEZZLEMENT ESCAPE FROM YOUR CUSTODY EXTORTION/BLACKMAIL FAIL TO DISPLAY OPERATORS LICENSE FAMILY-OTHER FORCIBLE RAPE FORGERY/COUNTERFEITING FRAUD - ACCOUNT CLOSED CHECK FRAUD - BY DECEPTION/FALSE PRETENSES FRAUD - CREDIT CARD/AUTOMATIC TELLER MACHINE FRAUD - IMPERSONATION FRAUD - NOT SUFFICIENT FUNDS CHECK FRAUD - OF SERVICES/FALSE PRETENSES FRAUD-OTHER FUGITIVE ARREST FOR ANOTHER AGENCY FURNISHING GAMBLING - GAMES GAMBLING - OTHER GARBAGE LII-FERING HITAND RUN FELONY HIT AND RUN-MISDEMEANOR ILLEGAL ALIEN - INS HOLD INTIMIDATION /OTHER CRIMINAL THREAT KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE JAN FEB MAR APR i 2 3 2 0 0 0 0 0 i 0 1 0 I 0 0 14 9 10 10 0 0 0 0 0 0 0 0 0 0 I 0 0 0 I 0 0 4 0 6 0 0 0 0 0 0 0 0 0 0 0 0 0 I 4 4 0 0 0 4 0 0 0 0 I 7 1 3 0 0 0 1 0 0 0 0 4 2 i 7 0 0 0 0 0 0 0 0 4 9 8 6 5 9 7 12 0 0 0 0 0 0 0 0 i 2 3 4 0 i 4 2 0 0 0 0 0 0 0 1 0 0 0 0 4 I 2 1 0 0 0 0 0 0 0 1 i 0 i 9 0 0 0 0 0 0 0 0 0 0 0 0 3 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 34 28 27 35 i 0 0 0 0 0 0 0 0 0 0 0 0 i 0 1 0 0 i 0 2 i 2 2 0 0 0 0 0 i i 8 0 0 0 0 PL6850 SCOTTRU TOTAL 8 0 2 1 43 0 0 1 1 10 0 0 0 9 4 0 12 1 0 14 0 0 27 33 0 0 10 8 0 1 0 8 0 1 11 0 0 0 6 0 0 0 124 1 0 0 2 1 7 0 10 0 PL6850 TIME: 17:45:38 MONTHLY ARRESTS BY OFFENSE FOR JANUARY THRU APRIL 2005 SCOTTRU ORI#: 0R0240500 WPD RESULTS FOR ALL CHARGES CHARGE DESCRIPTION JAN FEB ~ APR TOTAL KIDNAP - FOR RANSOM 0 0 0 0 0 KIDNAP - HI-JACK,TERRORIST KIDNAP - HOSTAGE/SHIELD OR REMOVAL/DELAY WITNESS LICENSING ORDINANCES LIQUOR LAW-OTHER MINOR IN POSSESSION MINOR ON PREMISES MISCELLANEOUS ~TOR VEHICLE THEFT NEGLIGENT HOMICIDE - TRAFFIC NEGLIGENT MANSLAUGHTER NON CRIMINAL DOMESTIC DISTURBANCE NON SUPPORT OTHER PROPERTY - FOUND LOST MISLAID PROPERTY RECOVER FOR OTHER AGENCY PROSTITUTION - COMPEL PROSTITUTION - ENGAGE IN PROSTITUTION - PROMOTE PUBLIC HEALTH AND SAFETY ORDINANCES RECKLESS DRIVING ROBBERY - BANK ROBBERY - BUSINESS ROBBERY - CAR JACKING ROBBERY - CONV.STORE ROBBERY - HIGHWAY ROBBERY - OTHER ROBBERY - RESIDENCE ROBBERY - SERVICE STATION RUNAWAY SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY SEX CRIME - EXPOSER SEX CRIME - FORCIBLE SODOMY SEX CRIME - INCEST SEX CRIME - MOLEST (PHYSICAL) SEX CRIME - NON FORCE SODOMY SEX CRIME - NON-FORCE RAPE SEX CRIME - OBSCENE PHONE CALL SEX CRIME - OTHER SEX CRIME - PORNOGP~qPHY/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 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 5 i I 15 0 0 0 0 0 0 3 0 0 3 0 3 I I 5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I 1 5 6 16 12 39 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 2 4 0 0 0 0 0 2 0 0 i 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I I I I 4 0 0 0 I 1 0 0 0 I 1 0 0 0 I 1 0 0 0 i 1 0 0 0 I 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 i 1 0 0 0 I 1 0 0 0 0 0 0 0 0 0 0 I 7 i I 10 0 0 0 0 0 0 0 0 0 0 0 I I 2 4 0 0 0 0 0 0 3 13 4 20 0 0 0 0 0 I i 4 2 8 0 0 0 0 0 i 0 0 0 i TIME: 17:45:38 OP, I~: 0R0240500 WPD MONTHLY ARRESTS BY OFFENSE FOR JANUA~RY THRU APRIL 2005 RESULTS FOR ALL CHARGES PL6850 SCOTTRU TP~AFFIC ORDINA~NCES TRAFFIC VIOLATIONS ll~ESPASS VANDALISM VEHICLE RECOVERD FOR OTHER ~ENCY WARFLa~T ARREST FOR OUR AGENCY WEAPON - CA~RY CONCEALED WEAJ~ON - EX FELON IN POSSESSION WEAJ~ON - POSSESS ILLEGAL WEAPON - SHOOTING IN PROHIBITED AJREA WILLFUL MURDER ZONI~ ORDINANCE CHARGE DESCRIPTION J~ FEB M.a.R APR TOTAL THEFT - SHOPLIFT 14 3 7 10 34 0 0 0 0 0 16 14 12 23 65 2 t0 5 14 31 i i i 12 15 0 I 0 3 4 I i I I 4 I i I 0 3 0 2 0 0 2 0 2 0 2 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2005 TOTAL: 129 148 144 221 0 0 0 0 0 0 0 0 642 2004 TOTAL: 208 194 218 195 0 0 0 0 0 0 0 0 815 2003 TOTAL: 202 148 1~ 190 0 0 0 0 0 0 0 0 704 THIS PAGE INTENTIONALLY LEFT BLANK 34 8]~ oooo ooooooooooooooooooooooooooooooooo°°°°°°° 00000 ~ ~~~~~o oo o o ooooo~g~g~ooooo~g~~g~° o 35 oooo ooooooOooooooooooooOoooooooooo°°°°°°°°°°°°°° 3G 8888 oooo .... 888°888888888o oooo .... 88888888ooo888888888888S888ooo g~ ~~~ .... ~~ .... ~~~ .... 37 o ~o°o©~ ~o© IOA May 23, 2005 TO: FROIv~: Honorable Mayor and City Council John C. Brown, City Administrator SUBJECT: Public Hearing Related to Sale of Community Center Property RECOMMENDATION: It is recommended the City Council continue the public hearing scheduled for May 23, 2005 until June 27, 2005. BACKGROUND: An offer to purchase the Community Center was received, which I have conditionally accepted. Among the terms: the sale is subject to City Council approval, and the use of the property shall be consistent with those allowed under Commercial-Office zoning. State statute dictates the process for disposing of public property. That process includes a public hearing to discuss the-proposed terms, and approval by the City Council, of the sale. The property is currently zoned Commercial-General, but is targeted in the Comprehensive Plan update for rezoning to Commercial-Office. The rezone is intended to limit the number, and reduce the intensity, of allowable uses on the site, to minimize impacts on the surrounding residential neighborhood. A rezone to residential use is not recommended, because of the size and configuration of the community center, and the nature of its past uses. DISCUSSION: The offer on this property was contingent on Purchaser satisfaction following a due. diligence period, that was to end on May 18, 2005. Escrow was set to close on June 17, 2005. Accordingly, the public hearing to discuss the terms of the sale was set for your May 23, 2005 meeting. On May 11, 2005, the Purchaser asked to extend the due diligence period until June 18, 2005, to allow more time to discuss options for use of the building with the Community Development Department. i authorized that extension, conditioned on a closing date not later than July 3, 2005. Inasmuch as the Purchaser has not completed his due Agenda Item Review: City Administrato 39 City Attorney Fin( Honorable Mayor and City Council May 23, 2005 Page 2 diligence and may decide to withdraw his offer, a public hearing to discuss the terms of the sale is premature at this time. Accordingly, it is recommended that you continue this public hearing until your June 27, 2005 meeting. FINANCIAL IMPACT: There is no financial impact associated with the recommended action. 4O . RIXI am. llA May 19, 2005 TO: FROM: SUBJECT: Honorable Mayor and City Council through City Administrator Randy Scott, Senior CE Tech, through G.S. :rank' Tiwari P.E. Public Works Director Final Assessments, Boones Ferry Rd, Goose Creek to Hazelnut Drive RECOMMENDATION: Approve the attached resolution, which sets the public hearing date for levying final assessment of cost to benefiting properties within the Local Improvement District for Boones Ferry Road improvements between Goose Creek and Hazelnut Drive. BACKGROUND AND DISCUSSION: The City Council initiated the Local Improvement District (LID) process for Boones Ferry Road street improvements from Goose Creek to Hazelnut Drive, approved the engineering report, held a public hearing and adopted Ordinance No. 2318. Ordinance No. 2318 formed the LID, established the LID boundary, and adopted the method of assessment. These improvements have now been completed, the final costs are known, and the final assessments can be levied. Ordinance No. 2105, which defines the LID process, requires a public hearing be held to levy the final assessment of costs. The purpose of the hearing is to consider property owner input on the assessments levied against the individual properties in the LID and to allow staff to correct any calculation errors. The. Resolution sets the public hearing date of July 1 t, 2005 allowing staff ample time to prepare appropriate notification, publish it in the newspaper, and mail notification to each benefiting property of the district. After the public hearing, the city council may direct staff to present the final assessment ordinance for codncil's review ant approval. FINANCIAL IMPACT: Pui~iication and mailing of notice costs are estimated at $500.00, and project cost total, as outlined in Ordinance 2138. Age'nda Item Review: City Attorney ~d~ Finance _,~//~ City Administrat 41 COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION ESTABLISHING A PUBLIC HEARING DATE FOR LEVYING THE FINAL ASSESSMENT OF COSTS FOR THE IMPROVEMENT TO BOONES FERRY ROAD FROM GOOSE CREEK TO HAZELNUT DRIVE. WHEREAS, the City Council reviewed and approved the engineering report on the improvement of Boones Ferry Road on April 8, 2002; and WHEREAS, The City Council by Resolution 1676, declared its intent to improve Boones Ferry Road through a Local Improvement District process utilizing the proposed method of assessment; and established a date for the public hearing; and WHEREAS, a public hearing was held on May 13, 2002 to receive input from affected property owners and insufficient remonstrances were received in either written or oral form to prevent such improvement; and WHEREAS, the City Council by Ordinance 2318 ordered the street improvements to Boones Ferry Road, established the method of assessment to the benefited properties, directed the contract award, and provided for the payment of costs through assessment of properties in the Local Improvement District; and WHEREAS, construction of the Boones Ferry Road street improvements from Goose Creek to Hazelnut Drive has been completed; and WHEREAS, a final assessment hearing is required before the final assessment ordinance is passed; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Pursuant to Ordinance 2105, the City Council will hold a public hearing on the final assessments to be levied within the Local Improvement District (Boones Ferry Road from goose Creek to Hazelnut Drive) on July 11, 2005 at 7:00 p.m. in the City Council Chambers of the City Hall, 270 Montgomery Street, Woodbum, Oregon. Section 2. The City Recorder is hereby directed to give legal notice in accordance with Ordinance 2105 of the City Council's intention to levy final assessments. Page 1 - Council Bill No. Resolution No. 42 Approved as to form: City Attorney b~ Passed by the Council Submitted to the Mayor Approved by the Mayor Approved: Kathryn Figley, Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant City Recorder City of Woodburn, Oregon Page 2- Council Bill No. Resolution No. THIS PAGE INTENTIONALLY LEFT BLANK 44 V OODB .U .N llB May 23, 2005 TO: FROM: SUBJECT: Honorable Mayor and City Council through City Administrator Jim Mulder, Director of Community Development Addendum 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 Winterowd and Brooks, LLC doing business as Winterbrook Planning. BACKGROUND: The City contracted in 2001 with Winterbrook Planning (Winterbrook) to provide professional and technical support needed to complete the City's corhprehensive plan periodic review tasks. The contract was amended six times between then and August 2004. Those amendments increased the scope of Winterbrook's assignment and the compensation due Winterbrook for that work. In August 2004, the City Council authorized the City Administrator to execute an agreement with Winterbrook Planning, which defined all work to be conducted during fiscal year 2004-05 and superceded and replaced all previous contracts. This-agreement was for an amount not to exceed $20,000 and was included in the 2004-05 budget. DISCUSSION: As of February 4, 2005, $19,203 of the $20,000 budgeted for fiscal year was expended. That amount was to compensate Winterbrook for services provided thr6ugh the Planning Commission public hearing on the periodic review amendments. There is only $797 remaining in the agreement to compensate Winterbrook for assistance provided since the Planning Commission hearing and to provide for needed support for the remainder of the 2004-05 fiscal year. Agenda Item Review: City Administrato~~ 45 City Attorney FJn~ Honorable Mayor and City Council May 23, 2005 Page 2 To date, approximately $205,000 has been expended to assist with periodic review and related tasks. Of that, $170,000 was provided by the General fund, and $35,000 was provided by a State grant. Some of this work was unexpected, such as challenging the Marion County Growth Management Plan, or creating GIS mapping to augment the City's database. Other work, and the attendant cost and time of completing it, reflects the complexity inherent in the land use process, and the adjustments that must be made to address public input, coordination with county and state agencies, concerns raised by interested parties, and staff and legal review needed to assure compliance with statewide land use policy and regulations. The Council is currently considering the proposed periodic review amendments. Significant work, including Winterbrook~s, was necessary to respond to and address comments received by the public, the City Council, the Planning Commission, Marion County, DLCD and other public agencies. The current contract with Winterbrook is effective until June 30, 2005, but the compensation was limited to $20,000. It is recommended that the Addendum to Agreement be executed adding $15,000 for a new "not-to-exceed" amount of $35,000. Minor modifications are also made to the Scope of Work section. FINANCIAL IMPACT: The attached Addendum to Agreement provides Winterbrook with compensation for services in fiscal year 2004-05 in an amount not-to-exceed $35,000. Because sufficient funding does not exist in the Planning budget to support additional costs, a contingency fund transfer of $15,000 is necessary. A contingency fund transfer for this funding will be presented in a separate agenda item on the June 13, 2005 agenda. The contingency fund currently has a balance of $763,120. Attachments: Addendum to Agreement 46 ADDENDUM TO AGREEMENT FOR CONSULTING SERVICES BETWEEN CITY OF WOODBURN AND WINTEROWD & BROOKS, LLC 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: Findinqs. 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: County 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 47 PAGE1 County review processes. (See discussion above) Winterbrook has already met with DLCD staff on several occasions, and more meetings will be necessary. Task 4: City Council Public Hearing 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: Report 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, DLCD 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 48 PAGE2 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: Gregory Winterowd Title: Date: John C. Brown Title: Date: WINTEROWD & BROOKS ADDENDUM TO AGREEMENT 49 PAGE 3 AGREEMENT FOR CONSULTING SERVICES BETWEEN CITY OF WOODBURN AND WINTEROWD & BROOKS, LLC THIS AGP~EMENT 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, 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: County Coordination. Continued coordination with Marion County will be required to (a) ensure formal adoption of the 35,000 population projection agreed to by County, DLCD and ODOT staff; (b) address the Growth Management Framework Plan policies, including the requirement for an amended intergovernmental agreement; and (c) review and modifi.,, of draft reports, if requested by County staff. Winterowd & Brooks Agreement Page 1 50 e ~H~B~T -~j~ 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: Mapping 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 Ecotrust, 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: Report 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 document City's capacity to provide sanitary sewer, water and storm drainage facilities to land within existing UGB plus several proposed expansion areas. Task 9: General City 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. 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 rnaximum per mil ($.375 in 2004); 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 Agreement Page 2 51 ~HIBtT 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. 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. 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. INDEMNITY AND INSURANCE. Indemnity: Consultant acknowledges responsibility for any and all liability arising out of the performance of this Agreement and agrees to hold City harmless from and indemnify City for any and all liability, settlements, loss, costs, and expenses in connection with any action, suit, or claim resulting or allegedly resulting from Consultant's acts, omissions, activities or services in the course of performing this Agreement. 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. 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 52 Page 3 ~HIB~T ~ Pag~ METHOD AND PLACE OF GIVING NOTICE~ SUBMITTING 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 Woodbum 270 Montgomery St. Woodburn, OR 97071 CONSULTANT: Greg Winterowd Winterowd & Brooks, LLC 310 SW Fourth Ave., Suite 1000 Portland, OR 97204-2305 When so addressed, such notices, bills and payments shall be deemed given upon deposit in the United States mail, postage prepaid. 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. LAW OF OREGON. The Agreement shall be governed by the laws of the State of Oregon. Venue shall be in the Marion County Circuit Court. Consultant, by executing this agreement, hereby consents to the in personum jurisdiction of said court. SUCCESSORS AND ASSIGNMENTS. Ao Each party binds itself, and any partner, successor, executor, administrator, or assign to this Agreement. Bo 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 assigranent, transfer, or subcontract attempted in violation of this subparagraph shall be void. Winterowd & Brooks Agreement Page 4 53 10. 11. 12. 13. ~IB~T ....... In the event Consultant assigns, transfers or subcontracts any of the work contemplated or necessitated by the terms 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. 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. BREACH OF AGREEMENT. Consultant shall remedy any breach of this Agreement with the shortest reasonable time after Consultant fh-st 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. 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. 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 P~e5 54 14. INCOME TAX WITHHOLDING. 15. 16. 17. Consultant shall pay, if applicable, all sums withheld from employees pursuant to ORS 316.167. 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. NO THIRD PARTY BENEFICIARIES. Consultant hereby represents that no employee of City, or any parmership 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. 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 workers 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 harmless from and indemnify it against any and all claims for compensation benefits made against Consultant as a noncomplying employer. Winterowd & Brooks Agreement Page 6 55 18. 19. 20. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES. Consultant shall comply with all applicable federal, state and local laws, rules and regulations. HOURS OF LABOR. Consultant agrees that no person shall be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, ernergency, 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: to For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or For all overtime in excess of 10 hours a day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and 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 (1)(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. PAYMENT OF LABORERS AND MATERIALMEN, CONTRIBUTIONS TO INDUSTRIAL ACCIDENT FUND~ LIENS AND WITHHOLDING TAXES. Consultant shall: Make payment promptly, as due, to ali persons supplying labor or material for the prosecution of the work under this Agreement. Pay all contributions or amounts due the Industrial Accident Fund from such Consultant or subcontractor incurred in the performance of this Agreement. 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 56 21. PAYMENT FOR MEDICAL CARE. 22. 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. PAYMENT OF CLAIMS BY PUBLIC OFFICERS. If Consultant fails, neglects or refuses to make prompt payrnent of any claim for labor or services furnished to Consultant by any person in connection with this Agreement as such claim becomes due, 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. 24. 25. 26. 27. RECYCLED PAPER REQUIRED. To the maximum extent economically feasible, Consultant shall use recycled paper in performing under this Agreement. FINAL AGREEMENT~INDING 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. INTEGRATION. This Agreement contains the entire agreement between the parties and supersedes all prior written or oral discussions or agreements regarding the same subject. SEVERABILITY/SURVIVAL. 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 of liability or indemnity shall survive the termination of this Agreement for any cause. 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 57 Page 8 28. default and shall, upon cessation of the case, diligently obligations under this Agreement L~X'HIBIT Page ~ of~ pursue performance of its AUTHO~ZATION. The persons executing this Agreement on behalf of the parties hereto represent and warrant 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 By: Title: Date: CITY OF WOODBURN John C. Brown Title: Winterowd & Brooks Agreement Page 9 58 W URN Incorporated f859 11C May 17, 2005 TO: FROM: Mayor and City Council through City Administrator Scott D. Russell, Chief of Pohce' SUBJECT: Homeland Security Grant Acceptance RECOMMENDATION: City Council authorize the City Administrator to sign a grant award conditions and certifications agreement with the Oregon State Office of Homeland Security. BACKGROUND: On May 1, 2005 the Woodburn Police Department was awarded a state homeland security grant in the amount of $70,000 for the purpose of purchasing additional mobile computer terminals to improve interoperable public safety communications. DISCUSSION: Earlier this year the Woodburn Police Department, in conjunction with other public safety agencies in Marion County, made application for additional funding to add more mobile computer terminals to the fleet in order to improve interoperable public safety communications. These terminals allow officers from various jurisdictions and dispatch to communicate with each other securely and silently. They also provide field reporting and search capabilities for officers in the vehicle. The grant was awarded on May 1, 2005 and must be expended prior to December 31, 2006. FINANCIAL IMPACT: $70,00 will be added to Police Department budget for FY 2005-2006 and will be offset by this grant. There is no match required in this grant. Agenda Item Review: 59 City Attorney __ Fir GRANTEE COPY OR~,GON OFFICg OF HOMELAND SECURI'I~ CRIMINAL JUSTICE SERVICES DIVISION LAW ENFORCEMENT TERRORISM PREX, rENTION PROGRAM CFDA # 97.074 GRANT A WARD CONDITIONS AND CER TIFICA TIONS PROGP, AM NAME: GRANTEE: ADDRESS: PROGRAM CONTACT: FISCAL CONTACT: Marion County Interoperability Communication Planning & Implementation Grant Woodbum Police Department 270 Montgomery Street Woodburn, OR 97071 Linda Eubank linda.eubankt~ci.woodburn.or.us Scott Russell GRANT NO: #05-188 FY 2005 AWARD: AWARD PERIOD: TELEPHONE: FAX: TFJ ,EPHONE: $70,000 5/ /os attu /31/c (503) 982-2352 (503) 982-2370 (503) 982-2350 REVENUE Federal Grant Funds EXPENDITURES Interoperable Communications BUDGET $70,000 $70,000 TOTAL REVENUE: $70,000 TOTAL EXPENDITURES: $70,000 This document along with the terms and conditions and grant application attached hereto and any other document referenced constitutes an agreement between the Criminal Justice Setwices Division (CJSD) of the Oregon Office of Homeland Security and the Grantee. No waiver, consent, modification or change of terms of this agreement shall be binding unless agreed to in writing and signed by both the Grantee and CJSD. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. The Grantee, by signature of its authorized representative, hereby acknowledges that he/she has read this agreement, understands it, and agrees to be bound by its terms and conditions (including all references to other documents). Failure to comply with this agreement and with applicable state and federal rules and guidelines may result in the withholding of reimbursement, the termination or suspension of the agreement, denial of future grants, and/or damages to CJSD. 60 Page 1 - Woodbum Police Department TERMS AND CONDITIONS CON'DITIONS OF AWARD Ao The Grantee agrees to operate the program as described in the application and to expend funds in accordance with the approved budget unless the Grantee receives prior written approval by CJSD to modify the program or budget. CJSD may withhold funds for any expenditure not -aqthin the approved budget or in excess of amounts approved by CJSD. Failure of the Grantee to operate the program in accordance with the written agreed upon objectives contained in the grant application and budget will be grounds for immediate suspension and/or termination of the grant agreement. B0 The Grantee agrees that all publications created with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from the Office of State and Local Government Coordination and Preparedness (SLGCP), United States Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of SLGCP or the U.S. Department of Homeland Security. The Grantee agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." D. Maintenance, Retention and Access to Rec~. Maintenance and Retention of Records. The Grantee agrees to maintain accounting and finandal records in accordance with Generally Accepted Accounting Prindples (GAAP) and the standards of the Office of the Comptroller set forth in the March 2005 Office of Justice Programs (OJP) Financial Guide, including without limitation in accordance with Office of Management and Budget (OMB)Circulars A-87, A-102, A-122, A~128, A-133. All financial records, supporting documents, statistical records and all other records pertinent to this grant or agreements under this grant shall be retained by the Grantee for a minimum of five years for purposes of State of Oregon or Federal examination and audit. It is the responsibility of the Grantee to obtain a copy of the OJP Financial Guide from the Office of the Comptroller and apprise itself of all rules and regulations set forth. Retention of Equipment Records. Records for equipment shall be retained for a period of three years from the date of the disposition or replacement or transfer at the discretion of the awarding agency. Title to all equipment and supplies purchased with funds made available under the SHSGP shall vest in the Grantee agency that purchased the property, if it provides written certification to CJSD that it will use the property for purposes consistent with the State Homeland Security Grant Program. Access to Records. CJSD, Oregon Secretary of State, the Office of the Comptroller, the General Accounting Office (GAO) or any of their authorized representatives, shall have the fight of access to any pertinent books, documents, papers, or other records of Grantee and any contractors or subcontractors of Grantee, which are pertinent to the grant, in order to make audits, examinations, excerpts, and transcripts. The right of access is not limited to the required retention period but shall last as long as the records are retained. Audits. If Grantee expends $500,000 or more in Federal funds (from all sources) in its fiscal year, Grantee shall have a single orgarfization-wide audit conducted in accordance with the provisions of OMB Circular A-133. Copies of all audits must be submitted to CJSD within 30 days of completion. If Grantee expends less than $500,000 in its fiscal year in Federal funds, Grantee is exempt from Federal audit requirements for that year. Records must be available for review or audit by appropriate officials as provided in Section I.D.1 herein. Audit Costs. Audit costs for audits not required in accordance with OMB Circular A-133 are unallowable. If Grantee did not expend $500,000 or more in Federal funds in its fiscal year, but contracted with a certified public accountant to perform an audit, costs for performance of that audit shall not be charged to the grant. 61 Page 2 - W0odburn Police Department E. Funding. Matching Funds. This Grant does not require matching funds. Supplanting. The Grantee certifies that federal funds ,a~ not be used to supplant state or local funds, but will be used to increase the amount of funds that, in the absence of federal aid, would be made available to the Grantee to fund programs consistent with Law Enforcement Tevzorism Prevention Program guidelines. Reports. Failure of the Grantee to submit the requited program, financial, or audit reports, or to resolve program, financial, or audit issues may result in the suspension of grant payments and/or termination of the grant agreement. Pro~ess Re[torts. Initial Strate~. Implementation Plan ~SIP), and Biannual Strate~ Implementation Report .~SIR). The Grantee agrees to submit two types of semLarmual reports on its progress in meeting each of its agreed upon goals and objectives. One is a narrative progress report that addresses specific information regarding the activities carried out under the FY 2005 Homeland Security Grant Program and how they address identified proiect specific goals and objectives. Progress reports are due January 17, 2006; July 18, 2006; and January 15, 2007 or whenever Requests for Reimbursement are submitted, whichever comes first.. Narrative reports may be submitted separately or included in the "Project Notes" section of the BSIIL The second is a set of web-based applications that details how funds are linked to one or more projects, which in mm must support specific goals and objectives in the State or Urban Area Homeland Security Strategy. The first report, the Initial Strategy Implementation Plan (ISIP), is due by May 2, 2005. Biannual Strategy Implementation Reports (BSIR) must be received no later than July 15, 2005, January 17, 2006; July 18, 2006; and January 15, 2007. A final BSIR will be due 90 days after the grant award period. Examples of information to be captured in the ISIP and BSIR include: · Total dollar amount received from each funding source (e.g., Law Enforcement Terrorism Prevention Program, State Homeland Security Program, Citizen Corps). · Projects(s) to be accomplished with funds provided during the grant award period. · State or Urban Area Homeland Security Strategy goal or objective supported by the project(s). · Amount of funding designated for each discipline from each grant funding somce. · Solution area which expenditures will be made and the amount that will be expended under each sohtion area from each grant funding source. · Metric and or narrative discussion indicating project progress / success. Any progress report, Initial Strategy Implementation Plan, or Biannual Strategy Implementation Report that is outstanding for more than one month past the due date may cause the suspension and/or termination of the grant. Grantee must receive prior written approval from CJSD to extend a progress report requirement past its due date. 2. Financial Reimbursement Reports. In order to receive reimbursement, the Grantee agrees to submit a signed Request for Reimbursement (RFR) which includes supporting documentation for all grant expenditures. l~Rs may be submitted quarterly but no less frequenfly than semi-annually during the term of the grant agreement. At a minimum, RFRs must be received no later than January 31, 2006; july 31, 2006; and January 31, 2007. Reimbursements for expenses will be withheld if progress reports are not submitted by the specified dates or are incomplete. Reimbursement rates for travel expenses shall not exceed those allowed by the State of Oregon. Requests for reimbursement for travel must be supported with a detailed statement identifying the person who traveled, the purpose of the travel, the times, dates, and places of travel, and the actual expenses or authorized rates incurred. 62 Page 3 - Woodburn Police Department Reimbursements will only be made for actual expenses incurred during the grant period. The Grantee agrees that no grant funds may be used for expenses incurred before May 1, 2005 or after December 31, 2006. Reimbursements will not be made for services or fees (contractual, maintenance, warranties) that extend beyond the grant award period. Grantee shall be accountable for and shall repay any overpayment, audit disallowances or any other breach of grant that results in a debt owed to the Federal Government. CJSD shall apply' interest, penalties, and administrative costs to a delinquent debt owed by a debtor pursuant to the Federal Claims Collection Standards and OMB Circular A-129. Audit Reports. Grantee shall provide CJSD copies of all audit reports pertaining to this Grant Agreement obtained by Grantee, whether or not the audit is required by OMB Circular A-133. Indemnification. The Grantee shall, to the extent permitted by the Oregon Constitution and by the Oregon Tort Claims Act, defend, save, hold han~ess, and indemnify the State of Oregon and CJSD, their officers, employees, agents, and members from all claims, suits and actions of whatsoever nature resulting from or arising out of the activities of Grantee, its officers, employees, subcontractors, or agents under this grant. Grantee shall require any of its contractors or subcontractors to defend, save, hold harmless and indemnify the State of Oregon, Criminal Justice Services Division, and the Oregon Office of Homeland Security, their officers, emplOyees, agents, and members, from all claims, suits or actions of whatsoever nature resulting from or arising out of the activities of subcontractor under or pursuant to this grant. Grantee shall, if liability insurance is required of any of its contractors or subcontractors, also require such contractors or subcontractors to provide that the State of Oregon, Criminal Justice Services Division, and the Oregon Office of Homeland Security and their officers, employees and members are Additional Insureds, but only with respect to the contractor's or subcontractor's services performed under this grant. Copyright and Patents. Copyright. If this agreement or any program funded by this agreement results in a copyright, the CJSD and the Office for Domestic Preparedness reserve a royalty-free, nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes, the work or the copyright to any work developed under this agreement and any rights of copyright to which Grantee, or its contractor or subcontractor, purchases ownership with grant support. Patent. If this agreement or any program funded by this agreement results in the production of patentable items, patent rights, processes, or inventions, the Grantee or any of its contractors or subcontractors shall immediately notify CJSD. The CJSD will provide the Grantee with further instruction on whether protection on the item will be sought and how the rights in the item ,xill be allocated and administered in order to protect the public interest, in accordance with federal guidelines. No Implied Waiver, Cumulative Remedies. The failure of Grantor to exercise, and any deNNy in exercising any right, power, or privilege under this Agreement shall not operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege under this Agreement preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The remedies provided herein are cumulative and not exclusive of any remedies provided by law. Governing La,ar, Venue; Consent to Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, COil ' " ' ' action, suit, or proceeding ( ecttvely, Clann ') between Grantor (and/or any other agency or department of the State of Oregon') and Grantee that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court for the State of Oregon; provided, however, if the Claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. Grantee, By Execution OfTh/s Agreement~ Hereby Consents To The In Personam Jurisdiction Of Said Courts. Notices. Except as otherwise expressly pro~'ided in this Section, any communications between the parties hereto or notice to be given hereunder shall be given in writing by personal delivery, facsimile, or mailing the same by registered or certified mail, postage prepaid to Grantee or Grantor at the address or number set forth on page 1 of this Agreement, or to such other addresses or numbers as either part)' may hereafter indicate Page 4 - W0odburn Police Department pursuant to this section. Any communication or notice so addressed and sent by registered or certified mail shall be deemed delivered upon receipt or refusal of receipt. Any communication or notice delivered by facsimile shall be deemed to be given when receipt of the transmission is generated by the transmitting machine. Any communication or notice by personal delivery shall be deemed to be given when actually delivered. The parties also may communicate by telephone, regular mail or other means, but such communications shall not be deemed Notices under this Section unless receipt by the other party is expressly acknowledged in writing by the receiving party. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of Grantor, Grantee, and their respective successors and assigns, except that Grantee may not assign or transfer its rights or obligations hereunder or any interest herein without the prior consent in writing of Grantor. Survival. All provisions of this Agreement set forth in the following sections shall survive termination of this Agreement: Section I.C (Maintenance, Retention and Access to Records; Audits'); Section I.E (Reports); and Section I.F (indemnification). Severability. If any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the particular term or provision held to be invah'd. Relationship of Parties. The parties agree and acknowledge that their relationship is that of independent contracting parties and neither party hereto shall be deemed an agent, partner, joint venturer or related entity of the other by reason of this Agreement. II. Grantee Compliance and Certifications Debarment. Suspension. Ineligibility and Voluntary Exclusion. The Grantee certifies by accepting grant funds that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, nor voluntarily excluded from participation in this transaction by any Federal department or agency. (This certification is required by regulations published May 26, 1988, implementing Executive Order 12549, Debarment and Suspension, 28 CFR Part 69 and 28 CFR Part 67.) Standard Assurances and Certifications Re~rcling Lobby~g. The Anti-Lobbying Act, 18 U.S.C. ~ 1913, was amended to expand significantly the restriction on use of appropriated funding for lobbying. This expansion also makes the anti-lobbying restrictions enforceable via large civil penalties, with dvil fines between $10,000 and $100,000 per each individual occurrence of lobbying activity. These restrictions are in addition to the anti- lobbying and lobbying disclosure restrictions imposed by 31 U.S.C. ~ 1352. The Office of Management and Budget (OMB) is currently in the process of amending the O~MB cost circulars and the common rule (codified at 28 C.F.R. part 69 for DOJ grantees) to reflect these modifications. However, in the interest of full disclosure, all applicants must understand that no federally-appropriated funding made available under this grant program may be used, either directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regt~tion, or policy, at any level of government, without t_he express approval of the U.S. Department of Justice. Any violation of this prohibition is subject to a minimum $10,000 fine for each occurrence. This prohibition applies to all activity, even if currently allowed within the parameters of the existing OMB circulars. Compliance with Applicable Law. The Grantee agrees to comply with all applicable laws, regulations, and guidelines of the State of Oregon, the Federal Government and CJSD in the performance of this agreement including but not limited to: The provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Operating Policies; Part 30, Intergovernmental Review of Department o f Justice Programs and Activities; Part 42, Non-Discrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures, and Federal laws or regulations applicable to Federal assistance programs. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 ~.L. 91-646). 64 Page 5 - W0odbum Police Department Do 3. Section 102(a) of the Flood Disaster Protection Act of 1973, P.L. 93-234, 87 Stat.97, approved December 31, 1976. 4. Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a4 et seq.) 5. National Environmental Policy Act of 1969, 42 USC 4321 et seq. 6. Flood Disaster Protection Act of 1973, 42 USC 4001 et seq. 7. Clean Ak Act, 42 USC 7401 et seq. 8. Clean Water Act, 33 USC 1368 et seq. 9. Federal Water Pollution Control Act of 1948, as amended, 33 USC 1251 et seq. 10. Safe Drinking Water Act of 1974, 42 USC 300f et seq. 11. Endangered Species Act of 1973, 16 USC 1531 et seq. 12. Wild and Scenic Rivers Act of 1968, as amended, 16 USC 1271 et seq. 13. Historical and Archaeological Data Preservation Act of 1960, as amended, 16 USC 469 et seq. 14. Coastal Zone M~gement Act of 1972, 16 USC 1451 et seq. 15. Coastal Barrier Resources Act of 1982, 16 USC 3501 et seq. 16. Indian Self-Determination Act, 25 USC 450f. 17. Hatch Political Activity Act of 1940, as amended, 5 USC 1501 et seq. 18. Animal Welfare Act of 1970, 7 USC 2131 et seq. 19. Demonstration Cities and Metropolitan Development Act of 1966, 42 USC 3301 et seq. 20. Federal Faix Labor Standards Act of 1938 (as appropriate), as amended, 29 USC 201 et seq. Certification of Non-discrimination. The Grantee, and all its contractors and subcontractors, certifies that no person shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in connection with any activity funded under this agreement on the basis of race, color, age, religion, national origin, handicap, or gender. The Grantee, and all its contractors and subcontractors, assures compliance with the following laws: a. Non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; b. Tide IV of the Civil Rights Act of 1964, as amended; c. Section 504 of the Rehabilitation Act of 1973, as amended; d. Tide II of the ~3ax~ericans with Disabilities Act (ADA) of 1990, e. Tide IX of the Education ~mendments of 1972; f. The Age Discrimination Act of 1975; g. The Department of Justice Nondiscrimination Regulations 28 CFR Part 42, Subparts C, D, E, and G; h. The Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. In the event that a Federal or State court or administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, age, religion, national origin, handicap or gender against the Grantee or any of its contractors or subcontractors, the Grantee or any of its contractors or subcontractors will forward a copy of the finding to the Criminal Justice Services Page 6 - Woodburn Police Department 65 Division (CJSD). CJSD will for~ard a copy of the finding to the Office for Civil Rights, Office of Justice Programs. Civil Rights Compliance. All recipients of federal grant funds are required, and Grantee agrees, to comply with nondiscrimination requirements of Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. [ 2000d et seq. (prohibiting discrimination in programs or activities on the basis of race, color, and national origin); Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 U.S.C. [3789d(c')(1) (prohibiting discrimination in employment practices or in programs and activities on the basis of race, color, religion, national origin, and gender); Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. [ 794 et seq. (prohibiting discrimination in employment practices or in programs and activities on the basis of disability); Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. [ 12131 (prohibiting discrimination in serv/ces, programs, and activities on the basis of disabil/ty); The Age Discrimination Act of 1975, 42 U.S.C. [ 6101-07 (prohibiting discrimination in programs and activities on the basis of age); and Title IX of the Education Amendments of 1972, 20 U.S.C ~ 1681 et seq. (prohibiting discrimination in educational programs or activities on the basis of gendei). Equal Employment Opportunity Program. If the Grantee, or any of its contractors or subcontractors, has 50 or more employees, is receiving more than $25,000 pursuant to this agreement, and has a service population with a minority representation of three percent or more, the Grantee, or any of its contractors or subcontractors, agrees to formulate, implement and maintain an equal employment opportunity program relating to employment practices affecting minority persons and women. If the Grantee, or any of its contractors or subcontractors, has 50 or more employees, is receiving more than $25,000 pursuant to this agreement, and has a service population with a minority representation of less than three percent, the Grantee or any of its contractors or subcontractors, agrees to formulate, implement and maintain an equal employment opportunity program relating to its practices affecting women. The Grantee, and any of its contractors and subcontractors, certifies that an equal employment opportunity program as required by this section will be in effect on or before the effective date of this agreement. Any Grantee, and any of its contractors or subcontractors, receiving more than $500,000, either through this agreement or in aggregate grant funds in any fiscal year, shall in addition submit a copy of its equal employment opportunity plan at the same time as the application submission, with the understanding that the application for funds may not be awarded prior to approval of the Grantee's, or any of its contractors or subcontractors, equal employment opportunity program by the Office for Civil Rights, Office of Justice Programs. If required to formulate an Equal Employment Opportunity Program (EEOP), the Grantee must maintain a current copy on file which meets the applicable requirements. Services to Limited English Proficient (LEP) Persons. Recipients of ODP financial assistance are required to comply with several federal civil rights laws, including Title VI of the Cix~ Rights Act of 1964, as amended. These laws prohibit discrimination on the basis of race, color, religion, national origin, and sex in the delivery of services. National origin discrimination includes discrimination on the basis of limited English proficiency. To ensure compliance with Title VI, recipients are required to take reasonable steps to ensure that LEP persons have meaning~ access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Grantees are encouraged to consider the need for language services for LEP persons served or encountered both in developing their proposals and budgets and in conducting their programs and activities. Reasonable costs associated with providing meaningful access for LEP individuals are considered allowable program costs. For additional information, please see http://www.lep.gov. National Environmental Policy Act (NEPA); Spedal Condition for U.S. Department of Justice Grant Programs. Prior to obligating grant funds, Grantee agrees to first determine if any of the following activities will be related to the use of the grant funds. Grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the Grantee, a contractor, subcontractor or any third party and the activity needs to be undertaken in order to use these grant funds, ti-tis special condition must first be met. The activities covered by this special condition are: a. new construction; b. minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year floodplain; Page 7 -W0odbum Police Department c. a renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and d. implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and Co) traditionally used, for example, in office, household, recreational, or educational environments. Application of This Special Condition to Grantee's Existing Pro,ams or Activities: For any of the Grantee's or its contractors' or subcontractors' existing programs or activities that ,Mil be funded by these grant funds, the Grantee, upon specific request from the Office for Domestic Preparedness, agrees to cooperate with the Office for Domestic Preparedness in any preparation by the Office for Domestic Preparedness of a national or program environmental assessment of that funded program or activity. Certification Regarding Drug Free Workplace Requirements. Grantee certifies that it will provide a drug-free workplace by: Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing a drug-free awareness program to inform employees about: a. The dangers of drug abuse in the workplace; b. The Grantee's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. Requiring that each employee engaged in the performance of the grant be given a copy of the employer's statement required by paragraph (a). 4. Notifying the employee that, as a condition of employment under the award, the employee will: a0 Abide by the terms of the statement; and Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace not later that five days after such conviction. 5o Notifying the Grantee within ten days after receiving notice from an employee or otherwise receiving actual notice of such conviction. Taking one of the following actions, within 30 days of receiving notice, with respect to any employee Who is so convicted: Taking appropriate personnel action against such an employee, up to and including termination; or Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by federal, state, or local health, law enforcement, or other appropriate agency. 7. Making a good faith effort to continue to maintain a drug-free workplace. III. Suspension or Termination of Funding The Criminal Justice Services Division may suspend funding in whole or in part, terminate funding, or impose another sanction on a Law Enforcement Terrorism Prevention Program recipient for any of the following reasons: Failure to comply substantially with the requirements or statutory objectives of Law Enforcement Terrorism Prevention Program guidelines issued thereunder, or other provisions of federal law. B. Failure to make satisfactory- progress toward the goals and objectives set forth in the application. 7 Page 8 - Woodbum Police Department C. Failure to adhere to the requirements of the grant award and standard or special conditions. Proposing or implementing substantial plan changes to the extent that, if originally submitted, the application would not have been selected. Failing to comply substantially with any other apphcable federal or state statute, regulation, or guideline. Before imposing sanctions, the Criminal Justice Sen4ces Division will provide reasonable notice to the Grantee of its intent to impose sanctions and will attempt to resolve the problem informally. Grantee Representations and Warranties Grantee represents and warrants to Grantor as follows: Existence and Power. Grantee is a political subdivision of the State of Oregon. Grantee has full power and authority to transact the business in which it is engaged and full power, authority, and legal right to execute and dehver this Agreement and incttr and perform its obligations hereunder. Authority., No Contravention. The making and performance by Grantee of this Agreement (a) have been duly authorized by all necessary action of Grantee, (b) do not and will not violate any provision of any applicable law, rule, or regulation or order of any court, regulatory commission, board or other administrative agency or any provision of Grantee's articles of incorporation or bylaws and (c) do not and will not result in the breach of, or constitute a default or requ~xe any consent under any other agreement or instxument to which Grantee is a party or by which Grantee or any of its properties axe bound or affected. Binding Obligation. This Agreement has been duly authorized, executed and delivered on behalf of Grantee and constitutes the legal, valid, and binding obligation of Grantee, enforceable in accordance with its terms. Approvals. No authorization, consent, license, approval of, filing or registration with, or notification to, any governmental body or regulatory or supervisory authority is required for the execution, delivery or performance by Grantee of this Agreement. Carmen Merlo, Director Criminal Justice Services Division Oregon Office of Homeland Security 4760 Portland Road NE Salem, OR 97305 (503) 378-4145 ext 545 Date Signature of Authorized Grantee Official Date Name/Tide 68 Page 9 - Woodbum Police Department [ncorparated liD May 18, 2005 TO: FROM: SUBJECT: Mayor and City Council through City Administrator Scott D. Russell, Chief of Liquor License - New Outlet Limited On Premise Sales RECOMMENDATION: The Woodburn City Council recommend to the Oregon Liquor Control Commission approval of a new outlet application for Country Cottage. BACKGROUND: Applicant: Joyce Fischer DBA/Country Cottage 2994 Newberg Hwy. Woodburn, OR 97071 Owner/Manager: Joyce Fischer 2043 Astor Way Woodburn, OR 97071 License Type: limited On Premise Sales - Allows for the sale of malt beverages and wine for consumption on the licensed premises. On April 85, 2005 the Woodburn Police Department received an application requesting approval for a new outlet for Country Cottage Restaurant. Joyce Fischer is applying for a Limited On Premise Sales License. Agenda Item Review: City Administrato -~~' City Attorney ~/~'.~ Fin( Mayor and City Council May 18, 2005 Page 2 During the last 12 months the Police Department handled no incidents at the Business and there were no reported liquor law violations by the business. The business will operate from 8:00AM to 8:00PM Monday thru Thursday, 8:00AM to 9:00PM on Friday, and 7:00AM to 9:00PM Saturday and Sunday. The police department has received no communication from the public or surrounding businesses in support of or against the change of ownership. DISCUSSION: The police department has completed a limited background investigation on the applicant business and found nothing of a questionable nature. An in- depth investigation was completed on the owner and no offenses that would preclude a license being issued or items of a questionable nature were located. The owner formerly operated a business by the same name at 2515 Newberg Hwy. Woodburn, however that restaurant closed in 2003. FINANCIAL IMPACT: None 7O LIQUOR LICENSE A~PLICATlel~' t s '~s~.r~o~~~'~ ' [ t . ,~ ~ ...... ,,,,',,,' .... ~':" -Annlicati°n is beinn made"'foE ~ ~c~ ~"' ~,f,:[~ FORC~DcouH~USEOHLY LICENSE ~PES AC~NS ' Q Full On-Premises Sales ($402.60/yr) ~ Change OWne~hip Q Commercial Es~blishment ~ew Outlet Q Caterer Q Greater Privilege Q Passenger Ca~er Q Additional Privilege Q Other Public Location [3 Private Club 1Limited On-Premises ($202.60/yr) Sales Off-Premises Sales ($100/yr) [3 with Fuel Pumps Brewery Public House ($252.60) Winery ($250/yr) Other By: (name of city or county) recommends that this license be: Granted D Denied D (signature) (date) Name: gl Othen ' Applying as: (Individuals UI Limited [3 Corporation O Limited Liability Partnership Company Title: Date:j~~__~' - 3 90-day authority: Q Yes [3 No (ZlP code) (ZIP code) 1. Applicapt(s): [See S~.,CTION I of the Guide] ! - (numbs, street stol 4. Busi~ss Mailing Address: ~ ~l ~ us,ness,um,e : 9 ~. I~ tho businoss at ~is i~tion cu~en~y lion,ed 7. If yes to whom: Type of License: 8. Former Business Name: '~/~,~ ~,,~t~]h-6t~t[-t~ / tO)~/~,Of~/~-.~_..~0~' ~. 9. Will you have a manage~ QYes ~No Name: (manager must ~l o~ an individual hist~ fo~) 10. What is the ,o=' governing bodywhem ~our business is lo=ted? ~m/~_, ~<~..(n~. ~ ~~ ~i i~[;fd~. ~7~/I , (address)~ ~ - - - (fax~um~) (e-mail a~ress) I unders~nd that if my answers are not true and complete, the OLCC may deny my license application. App ~t(s) Sig nature(¢zn/~ 7t~e:. Date 1-800-452-OLCC www. olcc. state, or.u$ Date Date 71 THIS PAGE INTENTIONALLY LEFT BLANK '72 13A May 23, 2005 TO: Honorable Mayor and City Council through City Administrator FROM: SUBJECT: Jim Mulder, Director of Community Development Planning Commission's Approval of Design Review Variance 05-05 05-01 and 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 May 12, 2005, the Planning Commission adopted a final order approving administrative (Type II) Design Review 05-01 and Variance 05-05 to retrofit the existing structure located at 1475 Mt. Hood Avenue for use as an outpatient health service and wellness center, and to allow 43 existing parking spaces to remiain in the required front yard setback. The subject property is identified on Marion County Assessor Maps as Township 5 South, Range 1 West, Section 08B, Tax Lot # 2800. No wetlands are located on the subject site and it is located outside of the 500-year floodplain. The site is approximately 7.05-acres in area and is currently developed as a big box retail center (formerly K-Mart) with existing structures, off street parking and landscaping. As a part of the proposed change in use from a big box retail center to an ambulatory health center, the applicant intends to upgrade the fagade of the existing structure, remove the existing 3,565 square foot Garden Shop on the eastern building frontage and add a 960 square foot covered walk and 1,128 square foot drive-through canopy in its place, create two interior garden atriums (t,728 and 2,720 square feet respectively), re-stripe on-site parking and upgrade landscaping for much of the site. The subject property is zoned Commercial General (CG) and designated Commercial on the Comprehensive Plan Map. Properties to the north, northeast and northwest are zoned Industrial Park (IP) and designated Industrial on the Comprehensive Plan Map. Properties located to the south (across Mt. Ho )d Agenda Item Review: City Administrator City Attorney ~J~ ~ Financ 73 Honorable Mayor and City Council May 23, 2005 Page 2 Avenue) are zoned CG and Single-Family Residential (RS) and designated Commercial and Residential Less Than 12 Units per Acre on the Comprehensive Plan Map. Properties to the east and west are zoned CG and designated Commercial on the Comprehensive Plan Map. The industrial properties to the north, northeast and northwest are used as a manufactured home storage site, truck chassis manufacturing facility and self-storage business respectively. Properties to the south (across Mt. Hood Avenue) are currently occupied by a house of worship and an integrated business center. The commercial properties to the east are developed as an implement rental service and a Washington Mutual Bank. The commercial properties to the west are vacant and the location of a Pizza Hut Restaurant. The Applicant is Matthew Spicer, Clark/Kjos Architects The Property Owner is Webstar V. LLC DISCUSSION: None. FINANCIAL IMPACT: There is no financial impact associated with the recommended action. 74 GRAPHIC SCALE ,NEW S I D EWAL K~~-~ ~~'~~:~ RgE TREES OR