Agenda - 04/10/2006
CITY OF WOODBURN
CITY COUNCIL AGENDA
APRIL 10, 2006 - 7:00 P.M.
KATHRYN FIGLEY, MAYOR
WALTER NICHOLS, COUNCILOR WARD 1
RICHARD BJELLAND, COUNCILOR WARD II
PETER MCCALLUM, COUNCILOR WARD III
JAMES COX, COUNCILOR WARD IV
FRANK LONERGAN, COUNCILOR WARD V
EUDA SIFUENTEZ, COUNCILOR WARD VI
CITY HALL COUNCIL CHAM8ERS - 270 MONTGOMERY STREET
1. CALL TO ORDER AND FLAG SALUTE
2. ROLL CALL
3. ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
A. The Woodburn Public Library will celebrate the 100th birthday of
libraries in Woodburn with a coffee, punch, and cake
reception on April 23, 2006 from 2:00 to 4:00 p.m. The festivities
will include poetry reading, music, and other entertainment.
Library volunteers will be honored as part of National Volunteer
Appreciation Week.
B. A Planning Commission training workshop will be held on
April 20, 2006 at 7:00 p.m. in the Council Chambers.
C. A public hearing will be held on April 24, 2006 to consider the
Millcreek Greenway Master Plan, Legislative Amendment
06-01.
D. A public hearing will be held on April 24, 2006 to consider the
sale f City-owned property on Gatch street.
Appointments:
E. Committee/Board Appointments - Grayce Higgins to the 1
Budget Committee and Willis Grafe to the Library Board
4. PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
"Habra interpretes ~isponibles para aquellas personas que no bablan Ingles, previo acuer~o. Comuniquese
allso3) 98<>-2485."
Apri/10, 2006
Council Agenda
Page i
Presentations:
A. City of Canby proposed commuter bus transportation between 2
Canby and Woodburn - Margaret Yochem, Canby Transit
5. COMMITTEE REPORTS
A. Chamber of Commerce
B. Woodburn Downtown Association
C. Woodburn School District
6. COMMUNICATIONS
A. Marlon County Board of Commissioners Notice of Public 7
Hearing on Legislative Amendment 06-2
7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items
for Council consideration not already scheduled on the agenda.
8. CONSENT AGENDA -Items listed on the consent agenda are considered
routine and may be enacted by one motion. Any item may be removed
for discussion at the request of a Council member.
A. Woodburn City Council minutes of March 13, 2006 9
Recommended Action: Approve the minutes.
B. Woodburn Recreation and Parks Board draft minutes of March 19
14,2006
Recommended Action: Accept the draft minutes.
C. Woodburn Planning Commission minutes of March 9, 2006 22
Recommended Action: Accept the minutes.
D. Woodburn Planning Commission draft minutes of March 23, 49
2006
Recommended Action: Accept the draft minutes.
E. Woodburn Public Library minutes of March 8, 2006 56
Recommended Action: Accept the minutes.
F. Building Activity for March 2006 61
Recommended Action: Receive the report.
G. Planning Project Tracking Sheet dated April 5, 200} ~ 62
Recommended Action: Receive the report.
Apri/10, 2006
Council Agenda
Page ii
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H. Woodburn Public Library Reports - January - March 2006
Recommended Action: Receive the report.
65
I. Union Pacific Rail Une Crossing Agreement
Recommended Action: Receive the report.
68
9. TABLED BUSINESS
None.
10. PUBLIC HEARINGS
None.
11. GENERAL BUSINESS - Members of the public wishing to comment on items of
general business must complete and submit a speaker's card to the City
Recorder prior to commencing this portion of the Council's agenda.
Comment time may be limited by Mayoral prerogative.
A. Council Bill 2618 - Ordinance amending Ordinance 2399 (the 71
Business Registration Ordinance) to add a repealing clause
and declaring an emergency
Recommended Action: Adopt the ordinance.
B. Council Bill 2619 - Resolution directing the City Engineer to 74
prepare an engineering report for street Improvements on Tout
Street from South Front Street to Settlemler Avenue
Recommended Action: Adopt the resolution.
C. Council Bill 2620 - Resolution supporting Marlon County 77
Interagency Methamphetamine Drug Task Force
Recommended Action: Adopt the resolution.
D. Acceptance of Proposal for Wastewater Treatment Plant 81
Temperature and Winter Ammonia Reduction Alternative
Selection
Recommended Action: Accept the proposal of CH2M Hill Inc.
for wastewater treatment plant temperature and winter
ammonia reduction alternatives evaluation and selection and
authorize the City Administrator to execute an agreement with
CH2M Hill Inc. in an amount not-to-exceed $49,994.
Apri/10, 2006
Council Agenda
Page iii
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E. Liquor License - New Outlet 83
Recommended Action: Recommend that the Oregon Liquor
Control Commission approve a liquor license application for La
Azteca.
F. Liquor License - Change Ownership 86
Recommended Action: Recommend that the Oregon liquor
Control Commission approve a liquor license application for
Roadrunner V Woodburn.
G. Contract Award for Street Resurfacing Improvements 89
Recommended Action: Award the construction contract to
the lowest responsible bidder, Parker Northwest Paving, for
resurfacing improvements to various streets in the amount of
$252,604.90.
H. Contract Award for Street Resurfacing Improvements 91
Recommended Action: Award the construction contract to
the lowest responsible bidder, D & D Paving, for resurfacing
improvements to various streets in the amount of $203,66-3-~. L'
u3J 40 3~, ~o
I. Settlemier Park Electrical Upgrade - Phase 1 93
Recommended Action: Award contract for Settlemier Park
Electrical Upgrade - Phase 1, Bid No. 2006-18, to lowest
responsible bidder, Kerr Contractors, in the amount of
$32,000.00.
J. ODOT Intergovernmental Agreement for Interchange Funding 95
Recommended Action: Authorize the City Administrator to
execute an interchange funding agreement with the Oregon
Department of Transportation.
12. NEW BUSINESS
13. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These
are Planning Commission or Administrative Land Use actions that
may be called up by the City Council.
A. Planning Commission's Approval of Conditional Use 06-01 103
located at 689 N. Front Street, Space C
B. Community Development Director's Approval Design Review 105
05-15 located at 916 N. Pacific Highway
April 1 0, 2006 Council Agenda Page iv
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14. CITY ADMINISTRATOR'S REPORT
15. MAYOR AND COUNCIL REPORTS
16. EXECUTIVE SESSION
A. 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).
B. To consider records that are exempt by law from public
inspection pursuant to ORS 192.660 (1) (f).
17. ADJOURNMENT
April 10, 2006
Council Agenda
Page v
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WOOQ~URN
loe.,,,.,...' faa9
.
April 7, 2006
TO:
City Council (~<J~
Kathy Figley, MaY~T
Committee/Board Appointments
FROM:
SUBJECT:
~~
The following appointments are made, subject to the approval of the Council.
Please forward any adverse comments to me prior to the Council meeting on
Monday, April 1 0, 2006. No reply is required if you approve of my decision.
BUDGET COMMITTEE
Position" - Grayce Higgins - term ends 12/31/07
LIBRARY BOARD
Position V - Willis Grafe - term ends 12/31 /09
1
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WOODBURN
1,,,,1'"'.",1 18!9
4A
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April 5, 2006
SUBJECT:
Honorable Mayor and City Council through City Administrator
Public Wor1<s Program Manager 4 ~
City of Canby Proposed Commuter Bus Transportation Between
Canby and Woodburn
TO:
FROM:
The City of Canby is looking to improve the public transportation services that it
provides. The City of Canby opted out of Tri-Met in 2002 and utilizes the
previous T ri-Met payroll tax to fund their public transportation service. Canby
public transportation service is provided free to users. Margaret Y ochem,
Canby Transit and General Services Manager, will attend the meeting to present
information and answer questions on the proposed service. The proposed
schedule and results of a survey done by Canby Transit will be provided
separately for Council review.
Canby public transportation officials have had requests for some time for service
to Woodburn. They have proposed providing nine commuter and
clinic/shopping round trips daily between Canby and Woodburn. A primary
destination for this commuter service would be the Park and Ride lot that is
being planned near the 1-5 interchange although there will be other stops in
Woodburn as well. There are also stops planned in Aurora and Hubbard.
Canby offers service to Oregon City where they connect to Tri-Met's Portland
service. There are also connections available to W1lsonville and Molalla from the
Canby transit center.
A major funding source for the service will be federal Job Access Reverse
Commute (JARC) funding that is available from existing JARC funds reserved for
rural service that the Salem Transit District has available. JARC funds must be
used for new service. JARC funds require a 50% local match that Canby is
willing to fund. Canby is looking at this as a test program and at this time there
appears to be JARC funds available for two years of service. JARC funding past
the two-year point is not known at this time.
The JARC funding controlled by Salem Transit District is for expansion of service in
rural area. Salem Transit District has agreed to supply rural JARC funds that they
have remaining to the Canby project since a majority of the service will be
Agenda Item Review: City Administrator _
City Attorney _
Finance\..'
2
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Honorable Mayor and City Council
April 5, 2006
Page 2
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provided in Marion County. Since Canby is located in Clackamas County the
funding agreement for the JARC funds may need to be with the City of
Woodburn for pass through to Canby.
The City will be receiving significant additional federal Section 5311 small city
and rural operating assistance grant funding next fiscal year and plans for this
funding will be discussed during budget committee meetings. The City will look
at utilizing this increased grant funding to expand slightly the city fixed route bus
hours of service so that persons using the Canby service can utilize the city fixed
route service to continue their trip. The expanded city service would also allow
residents to connect with the Canby bus. The City will also be looking at the
potential for using a part of this additional grant funding once the funding level
has been definitely determined to help the City of Canby subsidize this
commuter and clinic/shopping service that will give Woodburn residents more
transportation options.
3
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Canby Area Transit Passenger Survey
Check Not
# Survey Question Marked Checked
Q-1 I would use a service between Canby and Woodburn 133 14
Q-2 I would use a service tolfrom Aurora or Hubbard 92 55
Q-3 I would transfer in Woodburn to a Salem-bound bus 83 64
I would transfer in Woodburn to a Mt. AngellSilverton-
Q-4 bound bus 56 91
Q-5 I would be willing to pay a fare to use this service 79 68
Q-6 I would not use this service 13 134
Canby Area Transit
On-Board Passenger Survey
147 Respondents
.0-1 I would use a service between Canby
and Woodburn
.0-2 I would use a service to/from Aurora
or Hubbard
13
83
00-3 I would transfer in Woodburn to a
Salem-bound bus
56
00-41 would transfer in Woodburn to a Mt.
Angel/Silverton-bound bus
.0-5 I would be willing to pay a fare to use
this service
.0-6 I would not use this service
4
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en
,
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Canby to Woodbufn
m..."'................ ....""..... ................,..)...
Canby-We. lrn-canbY
Propo88d Route Schedule
.................. . ........t.......~.."....
Canby Transit North Park Woodburn Park
Connections Station Barlow Ad Aurora Hubbard 1 Hubbard 2 PlaD and Ride
From OC-Canby to Woodbum @
Commuter 6:00 6:00 6:05 6:09 6:15 6:19 6:22 6:32
From ec, Canby or SMART to
Commuter Woodbum @7:30 7:30 7:35 7:39 7:45 7:49 7:52 8:02
. '. .
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..........................................-....................-..............-..+-.......,.......-............................_................~...._....................._.-.-...-...........-....j.-...............................-...-.................[..........-.....-..........-......................._......._,........~.........-......_.......................-1...............................................,_......_.............~..........._........._.~...........................".................
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j Connection.
.. ..~..................... ".......n.. .......... .......~. ............ ....... ............................".................j..........
. .
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[From ac, Canb to Woodbum @9a :
! From ac, Canby or SMART to
:Woodbum @ 10:30
[From OC, Canby to Woodbum
.9!!~.!~.!.~I::t~pp..I.r.t.9........L~~..?:.99.................... ...m...................
iFrom OC, Canby or SMART to
9..!.~~1~L~.h~p.e!I}.SL........_......!.~2~~!?_l;!r.n.._~..t~Qp....."...................._...._........_......_..
Clinics Sho In
Clinics, Sho In
Canby Transit : : i North Park Woodburn Park
Station i Barlow Ad Aurora j Hubbard 1 : Hubbard 2 Plaza and Ride
........................;.......... .............,...... . .......r.... ...... ............./.....................
9:00 9:05 9:09 9:15 9:19 9:22
10:30 10:35 10:39 10:45 10:49 10:52
12:00 .............L......J.?:g~.... 12:09 12:15 : 12:19 12:22
........."..............m........"., ......,,'I' ....'.......r"......,...................~..
9:32
11:02
12:32
_......_..........!..~.:.~...................+.............1.~.~~........_ .._~~39 i _.......!~.;.1~..........~..........J..~.:.1~............ ...........J..~~.?~........._.. ......._..........1_~.:.Q.?...................
Canby Transit North Park Woodburn Perk
Connection. Station Barlow Ad Aurore Hubbard 1 Hubbard 2 Plaza end Ride
Commuter From OC, Canby to Woodbum@ 3p 15:00 15:05 15:09 15:15 15:19 15:22 15:32
From OC or SMART to Woodburn or
Commuter Salem 16:30 16:35 16:39 16:45 16:49 16:52 17:02
Commuter From OC and Canb to, Woodbum 18:00 18:05 18:09 18:15 18:19 18:22 18:32
1
Canby-Wo" In-canbY
Propoeecl Route Schedule
Woodb~rn T2 CI~~
....................."..."..,"~...
........................."t
Woodburn Transit
Young and
99E
Canby Tranelt
Rothe Sateway Hubbard 2 Hubbard 1 Aurora Barlow Station Arrive
6:38
6:42
6:45
6:47
6:53
6:55
7:03
7:08
7:15
Connections
Woodbum to OC, Wilsonville or
N.Canby
8:08 8:12
9:38
8:15 8:17 8:23 8:25 8:33 8:38 8:45 Woodbum to OC or S. Canby
;
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......................;.....................................!.....................................................................................;.............................;..............................r.......................................................r..................................................................................................................
;; ;;; Canby Transit :
...~~~!.L~r.~~~)I..l...~.':'.~~~~..~I::I~~'?~r~J..J..!.'':I.~~~..L.~!.I<<:>>.~.1...~!~!~r'.~~y.~...j.................9~r'.r.'.~I~r'.~.......................
; ii' " jWoodbum to OC, Wilsonville or
9:45 9:47 9:53 9:55 10:03 10:08 10:15 :N.Canb
..~!M~n:..~rt.~..~t:>>.C?PJt~.~.
11 :08
11:23 I 11:25
I
...1.?:.~..... ......1..?:.4.!........:.............1.?:.~;i,... ......j...........1..?:.??..... ..;......1.;i,:9.~...... ...1..;i,.:~..i 13: 15 ..........,.'I.'..'~9.~~~rr:1...~~...9.9..C?t...~:....9~QP.y....
14:15 I 14:17 i 14:23 I 14:25 i 14:33 i 14:38! 14:45 iWoodbum to OC or S. Canby
...-...............:...................................T.......................................t.......................................T......-.............-...T..-..-...[........................................................r..........................................................-.....-.........................................
11:15 i 11:17
11:33
11:38
11 :45
iWoodbum to OC or S. Canb
12:38
0\
14:08
.......-..............-....................._.............._.N.H.M.._H.....
Young and Canby Tran.lt
Woodburn Transit 99E Roths Sateway Hubbard 2 Hubbard 1 Auron Barlow Station Arrive Connectlona
From Woodburn to OC, Wilsonville
15:38 15:42 15:45 15:47 15:53 15:55 16:03 16:08 16:15 or N Canby
17:08 17:12 17:15 17:17 17:23 17:25 17:33 17:38 17:45 Woodbum to OC or S Canby
18:38 18:42 18:45 18:47 18:53 18:55 19:03 19:08 19:15 Canb North or South
2
6A
NOTICE OF PUBLIC HEARING
MARION COUNTY BOARD OF COMMISSIONERS MAR 2 9 2006
RECIO
LEGISLATIVE AMENDMENT 06-2: WOO
AMENDMENTS TO THE MARION COUNTY CITY ADMlNIS~~'S OFRCe
COMPREHENSIVE PLAN BY ADOPTING AMENDMENTS
TO THE CITY OF WOODBURN COMPREHENSIVE PLAN
RELATING TO THE URBAN GROWTH AREA OF THE CITY
INCLUDING A 979 ACRE UGB EXPANSION AND
COUNTY REZONING OF PROPERTIES ADDED TO THE UGB
PURPOSE OF HEARING: To receive testimony on amendments to the Marion County
Comprehensive Plan by adopting proposed text, goal, policy and plan map amendments to the
City of Woodburn Comprehensive Plan and supporting Plan documents relating to the urban
growth area of the City's Plan; an urban growth boundary expansion of 979 acres; and Marion
County zoning designations for properties added to the urban growth boundary. The City of
W oodbum has adopted amendments to their Comprehensive Plan and is requesting Marion
County review, concurrence and adoption of the City's Comprehensive Plan amendments.
DATE AND TIME OF HEARING:
Wednesday, April 26, 2006; 7:00 p.m.
LOCATION OF THE HEARING:
City of Woodburn City Han Council Chambers
270 Montgomery Street, Woodburn
HOW TO PARTICIPATE: Anyone desiring to speak either for or against the proposed
amendments may do so in person or by representative at the public hearing. Written comments
may be filed with the Marion County Planning Division prior to the public hearing. The
amendment request, documents and evidence relied upon by the County and applicable criteria
are available for inspection at no cost and copies are available at the cost of ten cents per page
from the Planning Division, 555 Court Street NE, Room 2130, Salem, Oregon. A complete copy
of relevant file information, including staff report and recommendations will be available seven
days prior to the hearing. All testimony and evidence shall be directed to the applicable criteria
or the person providing testimony shall state which other criteria is applicable to this proposal.
Mail written statements to: Marion County Planning Division, PO Box 14500, Salem OR 97309.
LAND USE DECISION CRITERIA: Criteria upon which the decision will be based include:
1. Oregon Revised Statutes (ORS) Chapters 197,203 and 215
2. Marion County Comprehensive Plan Urbanization Element and Policies and Marion
County Rural Transportation System Plan
3. Marion County/City ofW oodbum Urban Growth Boundary Coordination Agreement
4. Oregon Statewide Land Use Planning Goals (1, 2, 3, 5, 7, 8, 9, 10, 11, 12, 14) and
Oregon Administrative Rules (OAR) implementing the applicable Goals.
For information regarding this request contact: Les Sasaki, Marion County Planning Division,
555 Court Street NE, Room 2130, Salem. Phone:503-588-5038 E-mail: IsasakiClUco.marion.or.us
ACCOMMODATION OF PHYSICAL IMPAIRMENTS: In order to accommodate persons
with physical impairments, please notify the Planning Division of any special physical or
language accommodations you may need as far in advance of the public hearing as possible.
7
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I
COUNCIL MEETING MINUTES
MARCH 13, 2006
TAPE
READING
0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, MARCH 13, 2006.
CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding.
0010 ROLL CALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Figley
Bjelland
Cox
Lonergan
McCallum
Nichols
Sifuentez
Present
Present
Present-(7: 13 pm)
Present
Present
Present
Present
Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director
Tiwari, Police Chief Russell, Interim Community Development Director Zwerdling,
Finance Director Gillespie, Parks & Recreation Director Westrick, Public Works
Manager Rohman, City Recorder Tennant
0096 ANNOUNCEMENTS.
A) Woodburn Public Library will have PC Reservation and wireless internet service
available which will improve computer and internet access for patrons and allow laptop
computer users to connect to the internet in the Library.
B) Woodburn Public Library spring concert series will begin on April 2, 2006, 2:00
p.m., City Hall Council Chambers, with performers Glenda McLean and Russ Lenhart.
0143 CHAMBER OF COMMERCE REPORT.
Ruby Wolfer, representing the Chamber Board, distributed copies ofthe new brochure
created by the North Willamette Valley Tourism Alliance highlighting all of the quarterly
events that will be held in our North Willamette Valley area. She also stated that Mt.
Angel Publishing has printed the brochure at no cost to the Chamber. The monthly
statistical report was also distributed for Council information. In cooperation with the
City and the Chamber of Commerce, the Chamber is moving forward on creating a
branding area and they have had a wide range of businesses that have volunteered to be
on the branding committee.
Ms. Wolfer also confirmed that the Tulip Festival will be held March 20, 2006 through
April 20, 2006.
Page 1 - Council Meeting Minutes, March 13,2006
9
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COUNCIL MEETING MINUTES
MARCH 13,2006
TAPE
READING
0316 WOODBURN SCHOOL DISTRICT REPORT.
Walt Blomberg, Superintendent, stated that the 4 small high schools have been named by
the School Board - Wellness, Business, & Sports School (WEBS); Woodburn Academy
of Art, Science, & Technology; the Academy of International Studies; and the Woodburn
Arts and Communication Academy. Students have signed up for their choice of school,
staff will work on the distribution of students to the schools this week, and parents will be
notified as to where their students will be attending the following week. The staffs of
those schools are still working on making sure the curriculum for their school is in place
and the technical details are taken care of prior to the start of school in the fall.
He also announced that Bulldogs on Broadway are presenting a musical comedy titled
"To Succeed in Business Without Really Trying" on March 15 - 18,2006 in the high
school auditorium. Another activity a number of students participated in was W orId
Quest, sponsored by the W orId Affairs Council of Oregon. Woodburn was one of 32
teams participating and we were in the top 3rd. Also, the Woodburn Chess Club attended
the State Chess Tournament and they finished in the top half of the "A" category teams
(highest category of teams).
Councilor McCallum stated that there was a Parent Institute last Saturday at French
Prairie Middle School which gave parents an opportunity to connect with businesses and
services within our community. He expressed his appreciation to the School District for
their efforts in coordinating the program.
Superintendent Blomberg stated that they have had this type of program in the past but
this year it included City representatives, businesses and services in the area. He hoped
that this program was productive for all participants.
0520 LETTER FROM WILLAMETTE BROADBAND.
The letter informed the City that Standard Cable Service rate will be increasing by $3.00
per month effective April 1, 2006.
0545 CONSENT AGENDA.
A) approve the City Council minutes of February 27,2006;
B) accept the Planning Commission minutes of February 9,2006;
C) receive the Aquatic Center Revenue Comparison report;
D) receive the Building Activity report for February 2006;
E) receive the Planning Tracking Sheet dated February 28,2006;
F) receive the Claims report for February 2006;
G) receive the informational memo on the City of Canby Proposed Commuter Bus
Transportation between Canby and Woodburn; and
H) receive the informational memo on the Capital Outlay Transfer within the Police
Department.
NICHOLSIMCCALLUM... adopt the consent agenda as presented. The motion passed
unanimously.
Page 2 - Council Meeting Minutes, March 13,2006
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COUNCIL MEETING MINUTES
MARCH 13, 2006
TAPE
READING
Councilor Cox arrived at 7: 13 p.m.
0607 COUNCIL BILL NO. 2615 - ORDINANCE AMENDING ORDINANCE 2055 (THE
BUSINESS REGISTRATION ORDINANCE) AND SETTING AN EFFECTIVE
DATE.
Councilor Sifuentez introduced Council Bill 2615. The first reading of the bill was read
by title only since there were no objections from the Council.
City Attorney Shields stated, for the record, that the title of the ordinance is different from
what is listed on the agenda and the Council Bill in the main body of the agenda is the
correct title.
Recorder Tennant re-read the first reading of the bill and then proceeded to read the
second reading of the bill by title only since there were no objections from the Council.
867 Councilor McCallum stated that his wife has a home business that she operates and
normally he would declare a potential or actual conflict of interest, however, he had
discussed this issue with a representative from the Oregon Government Standards &
Practices Commission who confirmed that he was under a class exemption thereby
allowing him to participate in the discussion and vote on the matter.
Councilor Cox thanked Councilor McCallum for checking into this issue. He stated that
he had reviewed the Council Bill very carefully and he complimented staff on putting
together this document.
Councilor Bjelland requested clarification ofthe application fee referred to in Section 6
(B) of the ordinance.
Administrator Brown stated that an application is required annually in order to receive a
license and if the City would deny the license, then the application ~ee would remain with
the City since there was staff time involved in evaluating the application.
Councilor McCallum questioned who would be responsible for enforcing this ordinance.
Finance Director Gillespie stated that the Finance Department is responsible for
identifying as many businesses as possible, and Code Enforcement would actually go out
to the businesses to see if they have a business license.
Councilor Cox stated that cities with business licensing provisions will never have
enforcement at 100% and there is a particular problem with businesses that do not have a
fixed location in Woodburn. This ordinance does have one exception for sub-contractors
under a contractor's license. All other businesses that do business in Woodburn on a
regular basis are expected to have a business license.
Councilor Lonergan stated that he works with 5 other cities and, in his opinion, this
ordinance is extremely clear compared to the others that he deals with. Additionally, the
price for the license is very reasonable. In regards to rental property, he questioned the
number of business licenses a property owner would be required to have if the property
management is out of their home.
Director Gillespie stated that a property owner renting out just one (l) other home is
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exempt from this ordinance but if they rent out two (2) or more homes, they would need
one (1) business license.
On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared
Council Bill 2615 duly passed. The effective date of the ordinance is April 17, 2006.
1390 COUNCIL BILL NO. 2616 - RESOLUTION ESTABLISHING RATES AND
CHARGES FOR AMBULANCE SERVICES IN ACCORDANCE WITH THE
FRANCHISE GRANTED TO WOODBURN AMBULANCE. INC. AND
REPEALING RESOLUTION NO. 1698.
Council Bill 2616 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 Bi1l2616 duly passed.
1444 COUNCIL BILL NO. 2617 - RESOLUTION AUTHORIZING THE TRANSFER
OF OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL
YEAR 2005-06.
Council Bill 2617 was introduced by Councilor Sifuentez. Recorder Tennant read the bill
by title only since there were no objections from the Council. On roll call vote for final
passage, the bill passed unanimously. Mayor Figley declared Council Bill 2617 duly
passed.
1500 LIOUOR LICENSE APPLICATION: A & J MARKET. 689 N. FRONT STREET.
A new outlet off-premise application was submitted by Abdulla Hussein DBA: A & J
Market, 689 N. Front Street.
Councilor Cox stated that he had looked on the corporation division website but did not
see this business registered and requested that the business owner verify who A & J is and,
if applicable, file a DBA (Doing Business As) with the State.
Abdulla Hussein stated that he is the sole owner of the business.
Councilor Cox stated that Mr. Hussein does not need to file a DBA ifhe is the sole owner
of the business.
Councilor McCallum questioned how many businesses in the downtown area have off-
premise licenses.
Chief Russell stated that, to the best of his recollection, there are two off-premise licenses.
Councilor McCallum stated that he does have concerns surrounding past history in the
downtown area but he did feel that it would be nice to have another grocery location in
that area to serve the local residents.
COX/BJELLAND... recommend to OLCC that this license application be approved. On
roll call vote, the motion passed 5-1 with Councilor Nichols voting nay.
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1758 BID # 2005-13: CAROL STREET IMPROVEMENTS.
Mayor Figley stated that an updated memo on this issue was distributed to the Council just
prior to this meeting.
Bids were received from the following contractors: Trademark Construction, Inc.,
$160,770.00; Parker Northwest Paving, $172,254.00; M L Houck Construction,
$183,050.50; Morse Bros., Inc., $186,620.00; Gelco construction, $197,255.00; Eagle-
Elsner, $205,697.50; North Santiam Paving Co., $209,900.00; J.C. Compton,
$218,573.50; Kerr Contractors, $218,575.00; D & D Paving, $221,769.11; and C & W
Grading, $236,329.50. The engineer's estimate for this project was $176,000.00.
BJELLANDINICHOLS... award construction contract to the lowest responsible bidder,
Trademark Construction, Inc, for street and storm drain improvement on Carol Street in
the amount of$160,770.00 and that this award be contingent upon the approval of the
Oregon Economic Development Department.
The motion passed unanimously.
1813 AWARD OF CONTRACT FOR EMPLOYEE COMPENSATION STUDY.
NICHOLSIMCCALLUM... award a contract for an Employee Compensation Study for
management and non-represented employees to HR Answers and authorize the City
Administrator to execute a services agreement in an amount not to exceed $7,700 plus
related expenses.
Councilor Nichols questioned as to what related expenses include since it is outside of the
professional services amount.
Administrator Brown stated that related expenses would be, for the most part, travel time,
telephone calls, and some printing expense. He reiterated that the $7,700 is the not to
exceed amount and he will be undertaking some negotiations with HR Answers to reduce
the expense.
The motion passed unanimously.
1919 APPOINTMENT OF ADMINISTRATOR PRO-TEM.
BJELLANDIMCCALLUM... appoint Police Chief Russell as Administrator Pro- Tem for
the period of March 23,2006 through Apri12, 2006.
The motion passed unanimously.
1968 1-5 INTERCHANGE IMPROVEMENTS.
Administrator Brown stated that the proposed intergovernmental agreement has some
policy implications for the City. This draft agreement has been at the stafflevel of the
City and ODOT over the last year and ODOT has indicated that this is close to the final
draft. He stated that the intergovernmental agreement, in its current draft form, would
address the interchange facility and obligate the City to an estimated $8 million of the total
$48 million cost for interchange improvements. OTC (Oregon Transportation
Commission) has been looking at cost share when looking at funding priorities for
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modernization projects like the interchange improvement. He stated that the $8 million
cost share is a result of extensive negotiations with aD aT since they originally wanted
25% of the total project cost. Additionally. the $2.5 million the City has already spent on
right-of-way purchase is a credit to the City's cost share leaving the.City with a $5.5
million balance to be acquired between now and two years after this project in its entirety
is programed into the State's plan (STIP) which may be another 6 to 7 years. Some money
is available in the City's System Development Fund for this project but there is a need to
update the system development charges to get the full cost of the facility into the program.
The draft agreement also anticipates a private partnership with the properties in the
expanded urban growth boundary and he would anticipate receiving $2 million or more
from these partnerships. The difference would be made up from federal funding provided
that the federal funds do not come from federal highway sources or from other fees that the
Council could impose. The agreement is drafted to provide an "out" ifthe City is unable
to obtain the funding.
Councilor Cox stated that he would support the draft agreement and felt that it was open-
ended which may be in the City's favor. He also felt that aDaT staff has worked very
hard with the City to put together a document that they are willing to submit to aTC for
approval.
Councilor Bjelland stated that the expansion of the urban growth boundary will provide a
large part of the City's funding responsibility through system development charges and
traffic impact fees. He stated that aDaT Region 2's recommendation on the amount of
money that will be received for STIP 2010-2011 is very limited and they are proposing
that the Woodburn interchange would receive about $2 million. It was noted that the
amount of money in total to be allocated to Region 2 is substantially less than the total
estimated cost for the Woodburn interchange project. In order to fund this improvement.
there will need to be additional state and federal funding sources made available.
Councilor McCallum stated that moving forward is in the best interest of the City and
there will be concerns regarding the system development charges but the
intergovernmental agreement will bring the City a little closer to actually getting the
interchange improved.
Councilor Nichols also expressed his support for the draft agreement.
Mayor Figley agreed that the draft agreement is probably the best that the City will be able
to get from aDaT. The improvement has been needed for many years but land prices
continue to escalate which has increased the total cost ofthe project and she would rather
see moving forward with the improvements sooner rather than later .since she did not see
the escalating land price trend stopping.
Administrator Brown stated that the Marion County Commissioners are looking at a
public hearing date the latter part of April 2006 on the urban growth boundary expansion
and it is hoped that an intergovernmental agreement can be finalized and entered into their
record.
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2932 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS.
A) Planning Commission's approval of Design Review OS-10, Conditional Use OS-03,
Variance 05-14, Variance 05-15, Variance 05-16, and Variance OS-17: Property
located at 540 N. Settlemier Avenue. This approval allows for the expansion of the
existing Oregon Child Development Coalition Head Start facility.
Councilor McCallum stated that the action taken by the Planning Commission was last
Thursday, and even though staff provides good background information, the Council does
not have the ability to see the comments of the Commissioners until after the Council has
to make a decision as to whether or not to call it up for review. He realized that it was not
always possible to receive the minutes due to the short time frame between the two
meetings but wanted to express his feelings on this issue.
Councilor Cox stated that City ordinance gives the Council the right to call up a decision
at the next regular Council meeting after Planning Commission approval and he agreed
that it would be nice to have the minutes but understands that it is not always possible to
obtain the minutes due to timing. He questioned if the Planning Commission approval
was unanimous in this case.
Interim Director Zwerdling stated that it was a unanimous decision of the Commission to
approve the land use actions within this application.
3114 CITY ADMINISTRATOR'S REPORT.
1) Administrator Brown stated that he had asked staff to do their best to try and keep items
off of the March 27, 2006 agenda since he was not going to be at that meeting. A decision
as to whether or not there will be a meeting on March 27th will be made over the next 7 to
10 days.
2) Administrator Brown also stated that, beginning April 1 st, the City Hall office hours of
operation will be from 7:30 a.m. until 5:30 p.m. in an effort to try and serve more people
in our community. The expanded hours will be a 3-month trial program from April 1 st
until June 30th and staff will be keeping track of the number of individuals served to
determine if one or both of those expanded hours is something the City would want to
continue to operate. Additionally, all City offices will be open during the lunch hour. He
also stated that there may be times when an office might not be open at 7:30 a.m.due to a
staff member's illness. There will be an item in the City's newsletter to let the public
know of the expanded hours. Staffwill report back to the Council near the end of the trial
period.
Councilor Lonergan questioned ifthis expansion oftime would involve overtime expense
or if it involved a change in staff schedules.
Administrator Brown stated that it would be a change in schedule and most departments
would be handling the change by bringing in one-half of their staff to work 7:30 am to
4:30 pm and the other staff members would work from 8:30 am until 5:30 pm..
3) A recent letter from the Tax Assessor's office informed the City that the SUMCO
decision on land valuation had been reached and the City's share of the loss in property tax
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dollars is approximately $28,200 annually.
4) Administrator Brown reviewed an organizational concept that he has been looking into
since Library Director Sprauer will be retiring on June 30, 2006 and currently the Assistant
Library Director positin is vacant. This concept would allow for the reorganizing of two
departments - Library and Parks & Recreation - in a way that could be more efficient for
the City. The consolidation ofthese two departments would be renamed to the
Community Services Department. This is a model he is aware of from cities in California
and he has found a number of cities in Oregon that also use this model. Larger cities in
Oregon include Tualatin and Oregon City and he has discussed their program with their
City Managers to see how it was done, why it was done, and how it is working. He has
received positive reviews from the Managers. In almost every case, a retirement prompted
the decision to reorganize and, in most cases, the other department head picked up the
slack. His proposal would be to eliminate the Library Director and Recreation Director
positions and replacing those positions with a Community Services Director. The
Assistant Library Director position would be renamed to Library Manager and then re-
organize the Library under that individual into two sections - Public Services section
(Adult and Youth Services), and the Technical Services section (Technical service and
Circulation). These two sections would have a Senior Librarian or Lead Librarian to
oversee work within their assigned section. Benefits to the reorganization is that (1) there
is a great deal of similarity between these programs as well as potential overlap, (2) the
planning functions can all be done by one individual, (3) both departments are looking at
facility expansion, (4) both are in need of doing fund raising, and (5) both departments are
involved in trying to form the Woodburn Community Foundation. If the foundation is not
formed over the next few months, the Community Services Director would get the
foundation in place, be responsible for grants and grant writing, and be responsible for all
of the work with architectural services, Request for Proposals, and construction
management for the expansion of both of these facilities. The day to day operations of the
department would be conducted by the managers of each division since the Community
Services Director would be a general manager or administrator type of individual. His
plan would also be to move the administration of the two departments into City Hall once
the Police Department moves into their new facility and he would propose utilizing some
of the existing clerical staff in other City departments that could use some additional part-
time help. It would also eliminate the office rental expense the City is currently paying for
the Recreation office 160 W. Cleveland and it would eliminate the need for a Library
Administrator on the second floor of the Library thereby opening up additional space to be
used for collections or other purposes. By reorganizing, the potential cost savings each
year will be approximately $90,000 of which a majority of these savings will go back into
these programs. He stated that he has talked to both department heads, an individual on
the Recreation Board, a couple of individuals on the Library Board one of which is a
member of the Friends of the Library, and they did not express any displeasure with the
proposal. He requested Council feedback so that he can move forward with the hiring
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process of a Library Director or Manager.
Mayor Figley stated that she is open to new ideas and, in looking at the facilities needs of
the City over the next few years, she felt that Administrator Brown's proposal made sense.
Councilor Nichols expressed his opinion that this is a good plan that would work very well
and give a boost to both departments.
Councilor McCallum stated that his concern would be to find the right person and having
the right individuals under the Community Services Director to manage the various
divisions. He agreed that the City should move forward with the proposal.
Councilor Bjelland questioned if the Library Board and Park & Recreation Board would
continue to be separate Boards.
Administrator Brown stated that the model includes separate boards and the Director
would serve both Advisory Boards which are of an asset to the City.
Councilor Cox stated that he had some concern in finding a Director that could cover the
broad range of functions but, in general, he is in favor of the proposal since it has the
potential of being more efficient.
Councilor Sifuentez stated that the plan looks good but hoped that staff will not be coming
before the Council after several months wanting an Assistant to the Director.
Administrator Brown stated that he would move forward with recruiting for a Library
Manager but it may be August before a Community Services Director is hired.
4960 MAYOR AND COUNCIL REPORTS.
Councilor McCallum thanked the Mayor for her presentation at the Mayor's Prayer
Breakfast and the Woodburn and French Prairie Kiwanis for organizing this well-attended
community event.
Councilor Bjelland stated that he had given a brief report earlier in the meeting on the
Region II funding proposal for 2010-2011 and MW ACT will be reviewing the proposal
over the next couple of meetings. He will then be meeting with the Chairs ofthe other
Area Commissions of Transportation to come up with a joint Region II proposal.
Councilor Sifuentez questioned how the Police Officer is working out at the high school
especially in light of the gang member issues. She has heard some positive feedback from
parents after the officer went to their home to speak to the them about gang-related issues
involving their child and she expressed her willingness to support the Police Department
in any way she can in order for the department to continue to take this positive approach.
Chief Russell stated that Officer Puente is working hard to work with families and educate
them about gang issues. He had also met with the Juvenile Division last week to talk
about some of those issues and they have assured him that all gang cases are moving
forward. The Juvenile Division also has a proposal moving ahead that would change the
way they are dealing with gang cases which includes rolling in more parental
accountability. He should hear more from the Juvenile Division next week and he will
then provide a report to the Council.
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5291 ADJOURNMENT.
NICHOLSIMCCALLUM... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 8:17 p.m..
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
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Minutes
Woodburn Recreation and Parks Board
Tuesday, March 14,2006
7:00 p.m.
8B
Draft
1. Call to Order
Herb Mittmann, Board Chair called the meeting to order at 7 p.m.
2. Roll Call
Members present: Herb Mittmann, Board Chair; Member; Rosetta Wangerin,
Board Secretary Ann Meyer, Member; Bruce Thomas, Member, Joseph
Nicoletti, Member; Eric Yaillen, Member
Absent: Cristal Sandoval
Staff present: Randy Westrick, Paulette Zastoupil, A.A; Steven Newport,
Facilities and Aquatics Manager, Steve Patterson, Recreation Services
Manager.
3. Approval of Minutes from December 13, 2005.
Motion to accept the minutes by Herb Mittmann, the motion was seconded
by Joseph Nicoletti.
4. Business from the Audience:
None.
5. Division Reports
Recreation and leisure Services - Steve Patterson
Steve reported that adult and youth basketball was over and he thanked all
the staff and volunteers for their help. Steve shared that there will be a 3 on
3 adult basketball tournament on April 22 & 23 and a Dodgeball on May 6 &
7 with all proceeds going to the youth program. There is adult drop in
basketball at Heritage every Monday from 6-9 pm for a $2.00 charge. Also,
on the last Sunday of each month drop in volleyball is scheduled at French
Prairie for a $2.00 charge. Teen Pal program is open for spring break for
grades 3 and up with lots of activities planned. Summer Day Camp will be
start registering in April. The recreation department has been busy grant
writing to fund next year's programs. Steve shared that he was scheduled to
go to Alabama to listen to a Weed and Seed Program, a federal grant
opportunity. Lisa Fischer, Lincoln Elementary After School Club Supervisor,
shared that the students had finished a tile project taught by a local artist,
they were playing flag football on good weather days, and the girls were
learning sewing. Lisa shared that they were currently serving 85 students.
Aquatics - Steven Newport
Steven reported that he was having a water gun fight on St Patrick's Day.
Lifeguard training was scheduled for Spring Break with a cost of $125.00,
regular schedule for open swim during spring break, and Saturday, March
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Minutes
Woodburn Recreation and Parks Board
Tuesday, March 14, 2006
7:00 p.m.
Page 2
18th was a staff in-service day. The last swim meet is scheduled for April 1st,
and on April 8th will be the first Mid-Valley Life Guard games at Woodburn.
Parks and Facilities - Randy Westrick
Randy reported that the Greenway Master Plan will be approved on March
23rd by the Planning Commission and will go to the Council for the final
approval on April 23rd. Randy also reported the RFP for the Community
Center pre-design is on the City website with a link to the proposal. He
shared that two RFP's were in and 8-10 were expected. Randy also shared
that there would be changes to the Recreation Department this next fiscal
year with an effective date of August 2006. The re-organization will bring the
Recreation Department and the Library together in a "Community Services
Department". There will be an Aquatics Manager, Library Manager,
Recreation Manager under the direction of a Community Services Director.
More information will follow when the planning process gets started.
6. Off-Leash Dog Facilities in Woodburn Parks
Randy shared with the board that staff has had inquires about an off-leash
dog area in Woodburn. Discussion from the board about what was
necessary in such a park. Herb Mittmann asked each board member to
comment.
Joseph Nicoletti - He stated that everyone should obey the park rules and
clean up after their dog.
Bruce Thomas - He thought the area behind Legion Park would be best,
and he thought it was a good idea to utilize the fencing around Legion Park
that is planned to come down.
Rosetta Wangerin - She thought is was important to have the area fenced,
and not allow vicious dogs. Also she stated that it was important to keep the
area clean of waste.
Herb Mittmann - He thought it was necessary to keep the playground
upgrade on top of the project list before an off-leash area was planned.
Ann Meyer - She was concerned about Ordinance 1638, Section 6a, where
it stated to keep dogs confined in a vehicle at all times. She agreed that an
area was important to pet owner, but it needed to be fenced.
Eric Yallien - He shared that the board needed more information before this
kind of area was planned. He stated that an inventory of potential areas was
needed.
Staff will review feasibility of sites suggested as well as rules from other
agencies and report back at a future meeting.
7. Playground Replacement
Herb Mittmann commented on the playground equipment inventory field trip,
and shared with the board that Nelson Park would be the first one to have
the equipment replaced. The board discussed the necessary components
that were needed in playground equipment and Randy explained that a well-
rounded playground would give the children and full body workout. Joseph
20
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Minutes
Woodburn Recreation and Parks Board
Tuesday, March 14,2006
7:00 p.m.
Nicoletti reminded the board that neighborhood involvement and playground
theme was important. Herb Mittmann shared with the board the priority list
of playgrounds.
1) Nelson Park
2) Front St Park
3) Burlingham Park
4) Spider Park
5) Centennial Park needs wood chips and repair to the teeter-totter.
6) Settlemier Park has fairly new equipment.
7) Legion Park will be re-done through the Master Plan.
8. Future Board Business
Next meeting - April 11, 2006
9. Board Comments
Bruce Thomas asked to have a yearly timeline and an action log with
motions passed to be placed in agenda packets. Rosetta Wangerin asked
Randy what Mayor Figley's comments were on the Community Center
location, and he explained that the Mayor was pleased with the Boards
process.
Meeting adjourned at 8:15 PM
Rosetta Wangerin, Board Secretary
Paulette Zastoupil, Recording Secretary
Date
Date
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WOODBURN PLANNING COMMISSION MEETING MINUTES
March 9, 2006
CONVENED The Planning Commission met in a regular session at 7:00 p.m. in City Hall
Council Chambers with Vice-Chairperson Bandelow presiding.
Vice-Chairoerson Bandelow questioned members of the Planning Commission having potential
conflicts such as family, financial, or business relationship with any of the applicants or with
regard to the project in question. If such a potential conflict exists, he asked whether the
commission in question believes he or she is without actual bias or whether he or she would like
to step down from the Planning Commission during the case.
Vice-Chairperson Bandelow announced: agenda is available at the back of the room. We will
consider cases one at a time according to the order listed in the agenda. We will follow the
hearing procedure outlined on the pUblic hearings procedures board. All persons wishing to
speak are requested to come to the podium and give your name and address. Any individuals
speaking from other than the podium will not be recognized.
ROLL CALL
Chairperson
Vice Chairperson
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Lima
Bandelow
GrosJacques
Vancil
Grigorleff
Hutchison
Jennings
A
P
P
P
P
P
P
Staff Present: Naomi Zwerdling - Interim Community Development Director
Jason Richling - Associate Planner
Marta Carrillo - Administrative Assistant
MINUTES
A. Woodburn Planning Commission Meeting Minutes of February 9. 2006
Commissioner Jenninas moved to accept the minutes as written. Commissioner
Grosjacaues seconded the motion, which unanimously carried.
BUSINESS FROM THE AUDIENCE
Mark Wolf (654 Tukwila Dr. - Woodburn) stated that he addressed the City Council a few weeks
prior at their meeting. He was asking that the parking code in the City be examined. He was
hoping that there could be some changes to encourage some new businesses to Woodburn that
would not otherwise locate here and supplied specific examples and facts.
Since the mid-90's, when he began owning property in the City, the City had empty buildings
such as the Rite-Aid building, Roth's store, the Flea Market, the D&D yellow-building just closed.
and others. Possible reasons for the empty buildings could be the economy, perception of
doing business or possibly the city codes or could be some or all of the items mentioned.
Planning Commission Meeting March 9, 2006
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He shared a specific example of the City Code. The Statesman Journal featured an article on
February 2, 2006 that headlines, "Coming Soon to the Valley 33 More Movie Screens". The
theatres are opening in Salem, Keizer, and Independence, Oregon and other places but not
opening in Woodburn. He was approached by the theatre affiliates and two theatres would have
located in the vacant Rite Aid space in the Mid-Valley Plaza Shopping Center had the code in
the City allow them to be located here.
Mr. Wolf further explained that he owns a 20,000 sq. ft. vacant space. Total space he owns is
40,000 sq. ft., but he developed the Bunker in part of that space. He spoke with Tim Reed from
Indiana who opened up the Wilsonville Act Theatres and now owns theatres based out of
Oregon and the Mid-West. They are locating a 14-screen theatre in the Keizer Station along 1-
5. He also spoke with Dick Hanson from Regal Theatres who is locating a theatre in Salem and
other places.
Using an industry average of 1 seat per 22 ~ sq. ft. of space that would be 900 seats that the
22,000 sq. ft. of vacancy will allow. That could be between 4-6 screens and as much as 8.
Independence, OR has 8-screen theatre going in and is exactly the same size of space as his
site. The City parking code, Table 3.1.2, which has been reviewed with Associate Planner
Rich ling , states that it provides for off-street parking ratio standards of 1 stall for 4 seats, which
is 225 stalls or 1 stall for every 8 feet of bench area, which is outdated or 1 stall for every 35 sq.
ft. of primary assembly room, which is more for auditoriums and not movie theatres. In retail
centers as an example, it is 1 stall per 200 sq. ft. and in a 100,000 sq. ft. site that's 500 stalls
and that doesn't account for restaurant uses, which are higher and take-up more parking. He
would be putting in a coffee island such Dutch Brothers and will be losing some parking stalls to
that business and requires more stalls because it is restaurant type use. He has roughly 500
stalls in the site. Then considering that the need is 225 stalls for the theatre because of the City
parking code, take out 100 for the current requirements and replace with 225, he will be short
125 stalls for the shopping center. He cannot bring in a movie theatre because of the shorted
amount. If the average stall is 10'x20' and isles are 20' wide, then he would need another acre
of land just dedicated to parking in order to put in a theatre. An acre of land is roughly about
$500,000 in Woodburn; it costs another $250,000 to asphalt the parking area, permits, etc.
That would be $750,000 that he requested from the theatres and their response was not
favorable, since they could locate in other areas other than Woodburn.
In progressive cities they have flexible parking codes. The codes state: 1.) a minimum standard
required and a maximum standard required or both and give the property owner consideration
for ride-sharing, car pool, if there is a bus that goes through the parking lot and brings senior
citizens to your center. His site has a bus going through and there is no credit given for that. The
parking lot on the site is never full. 2.) States that there is a peak and off-peak parking demand.
A theatre is a night-time use and a Starbucks coffee stand is a morning use. Recognizing the
fact that the parking use does not occur at the same time for all uses and give credit for that.
He requested that the Planning Commission consider looking at the City's parking code,
modifying it if appropriate. implementing peak and off-peak parking, flexibility with parking,
minimum and maximum use, car pool, ride-share, buses and view other cities' parking usage.
He will be proposing a new building in the next month and more in the future. The new building
will be restricted to (2-3) food uses because of the parking code. He will be speaking at the
National Convention in May at the International Shopping Centers trying to attract new retailers
to Woodburn. Wants to convey the message that the Planning Commission listens to
businesses and is working on the City's parking code.
Planning Commission Meeting March 9, 2006
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Lastly, he would like to discuss the system development phase and sign code, but will discuss
at another date.
Vice-Chairperson Bandelow asked about the theatres going in to Independence, OR and their
code being radically different than Woodburn's or is it a flexible plan?
Wolf answered that according to the theatre owner, it was much easier to locate in
Independence, OR than it would be in Woodburn. The cost was much less and the issue was
with the parking. Someone could look at the Independence parking code.
Commissioner Vancil stated that Independence is a small town near Monmouth that is in the
middle of the valley and is not close to any major freeway. It is not close to any 4-lane highway.
That would have a lot to do with the decision from the theatres because it is a rural setting.
Commissioner Jennings stated there is a lot of merit, regarding peak and off-peak parking and
flexibility. Also was informed by Interim Community Develocment Director Zwerdling that there
will be a focus group that will be meeting in the next 30 days and would like to include this item
to the agenda for discussion. Also thanked Mr. Wolf for his comments and factual information.
Interim Community Develocment Director Zwerdling stated that it was mentioned at the City
Council meeting as an item needing to be added to the WOO update list.
COMMUNICA liONS
Woodburn City Council Meeting Minutes of January 23, 2006.
Woodburn City Council Meeting Minutes of February 13, 2006.
PUBLIC HEARINGS
Vice-Chairperson Bandelow asked Interim Community Develocment Director Zwerdling if there
were audience sign-ups to address the Planning Commission in regards to the two (2) public
hearings being heard. Also invited the public to sign-up and speak under the items being
discussed. The sign-up sheets were available in the back of the room at the entrance.
Proceeded according to the agenda.
A. Legislative Amendment 06-01, the Proposed Mill Creek Greenway Plan, City of
Woodburn, applicant
Vice-Chairperson Bandelow opened the public hearing for Legislative Amendment 06-
01, the Proposed Mill Creek Greenway Plan, City of Woodburn, applicant.
Interim Community Develooment Director Zwerdling introduced Randv Westrick who will
do a more formal presentation regarding the background of the master plan for the Mill
Creek Greenway Plan and could answer detailed questions. Also stated that the
process was being done as a Legislative item and the WOO requires that it be initiated
by resolution by the City Council. Mentioned in the staff report that the City Council did
so on January 9, 2006. Per the WOO the particular plan item goes before the Planning
Commission and the Planning Commission makes a recommendation to the City
Council. The City Council is the final decision-maker on the plan. The project has been
Planning Commission Meeting March 9, 2006
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noticed in the newspaper for the evening's meeting and also for the City Council meeting
being held on April 24, 2006. The plan was circulated by Randy Westrick throughout the
City Departments for their review to assure that the plan complied with Planning Codes.
He also incorporated some changes as a result. Staff recommends that the Planning
Commission direct staff to prepare a final order of approval of the plan. Handed over the
floor to Randy Westrick.
Vice-Chairperson Bandelow questioned if there would be any concern on ex-parte
contact or conflict on the item.
Interim Community Development Director Zwerdling stated that it is a Legislative item
therefore, there should not be any ex-parte conflicts.
Commissioner Jennings stated that he resides near the Mill Creek Greenway Park area
and would be speaking in favor of the project, but had no conflict of interest because it is
a Legislative item.
Randy Westrick, Recreational Parks Director for the City of Woodburn, applicant.
Informed the Planning Commission that he had a presentation that introduced the plan.
Slide #1
Parks and Recreation received technical assistance from The National Parks
Service for completion of the plan. The plan is rooted in the City's
Comprehensive Plan. In 1999 the Parks and Recreation Comprehensive Plan
was updated, which is a part of the Comprehensive Plan. Policies 5 & 6 give
authority for preparing the plan and states to manage the courtyards of
Greenway with all the interests in mind including a habitat preservation, flood
control. cycling and walking on all weather passages, nature, recreation.
education, and limited playground. Policy 6 further states that it must be a
continuous pathway system that's publicly owned. When the task force was
started. they were reminded that it was not just for walks, and the recreation
parks department thought it was a good idea. It is a City policy that the pathway
system exists.
Slide #2
The National Parks Service Rivers. Trails and Conservation Assistance Program
helped with the design. Their values meshed with the values of the task force
group to link parks, schoolyards. open spaces, and residential areas. Restores
significant cultural historic assets. Reserve open space for future generations.
What is not being proposed is recycling of any abandoned railways. Alexandra
Stone was assigned to the project and she is a staff architect with The National
Park Service and was a tremendous help and is still assisting. The National
Parks Program Service is seen as the number one park agency in the world and
this is a way for them to get their expertise to local communities.
Planning Commission Meeting March 9, 2006
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Slide #3
The City's Mayor appointed a task force and had various members such as
educators, neighbors, seniors, scientists, city departments, other governmental
agencies; and the Marion Soil of Art Conservation District. There were interested
individuals who live in the community and youth who were involved. There are
thirteen basic issues that the task force first identified and those issues stem from
three values and qualities for the Greenway.
A concern is community fitness. Making this a place to walk and stay fit. With all
the information concerning childhood obesity and staying in shape, all relate back
to the built in place environment. It is an alternate way to transport and get
around the community and not necessarily needing a car to get from point A to
point B.
There is wildlife consideration. There are places in the Greenway where it
doesn't seem like an urban area. We have opportunities for wildlife. It gives the
community access to it and when one can see and feel it, they will appreciate it
and help preserve it. This is a critical piece in holding on to Woodburn's values
and heritage with the nature, prehistory and cultural history.
Slide #4
The task force started with a resource inventory. They walked the entire length of
the resource, the main stem of Mill Creek, drove some of the tributaries and with
permission walked on some private property. The task force was compiled of
about a dozen people off/on throughout the day. They noted constraints that will
cause problems, opportunities, unique features and barriers.
Slide #5
There was a public survey distributed to everyone who receives a water bill.
There were 300 responses and were the best source for opinions. The survey
included an information section for future contact and help. About half of the
surveys returned included the contact information of people who wanted to be
contacted to volunteer with either building or designing the trail and wanted to be
updated of the step being taken. They also expressed opinions about activities
and facilities that they wanted to see.
Slide #6
The task force received technical advise from the OSU Extension Program. They
helped designed the program and helped analyze the data. There was a Public
Design Charette where about 25 people attended. They did intensive work and
concentrated on five planning units. They decided on the type of facilities and
philosophies that were wanted to start to building the trail.
Slide #7
Viewing the diagram of the city. On the south part of the city there is the
Hermanson Pond that bisects the neighborhood. There are also two tributaries.
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The first being called the West Tributary that goes from Brown Street to
Centennial Park. The second is Goose Creek, which goes from the high school
all the way towards Senior Estates. The diagram will be used in brochures and
peop1e win like it because they can use it as a City guide.
Slide #8
The system-wide conclusion was that the trail should have a backbone paved
system of about 8-12 feet wide with fog lines that can used by walkers or
bicyclers. Also allow for small tractors and trucks to enter for maintenance. It
should have an integrated sign system with directions, mileage, environmental
and historic interpretation with rules and regulations. An item the survey provided
was the importance of trash containers and at every quarter mile there should be
a rest station to stop, rest and dispose of trash. An individual can be out for a
stroll or begin a fitness regiment and the park should allow convenience for that.
Another item surfacing from the Recreational Parks Department is a community-
wide fitness step program. An integration between the parks, the school and
public destinations is needed. Developed parks offering restrooms are also
needed. The system connects the community with off-road trails and
transportation. All three of the community parks - Legion Park, Settlemier Park
and Centennial Park. - are on or close to this particular system. The schools
such Washington School is about a half block from the system; Heritage Valor,
French Prairie, Woodburn High School are on the system. The path comes
through downtown Woodburn and provides access to business districts. A 100-
foot strip was set aside that used to be Evergreen Street that will access the
business district, Senior Estates, Montebello and busy residential areas. It is all
tied together.
Slide #9
The task force group identified transition nodes. These are areas where the
nature of the environment of the trails will change. One trail would be the
Locomotive Park. A transition into the downtown area with lots of destinations
such the Civic Complex, Business District, Settlemier Park, Aquatics Center and
potentially another Community Center. There is a transition from a trail and bike
path into the downtown area. This presents an opportunity to tell about the
Locomotive Park and tell the story of how the trains affected Woodburn's history
and receive the cultural history.
Hermanson Park III. There was common belief amongst the task force group
and Recreational Parks Board that the area around the pond needs to be native
and remain a natural area where the wildlife values are first and foremost.
Hermanson Park I & II tend to lend themselves to a more formal type of park
setting. Hermanson Park III would become a place where there would be a
transition between the native natural area to a formal park setting.
Slide #10
The south planning units from the Hermanson Pond property and the three
Hermanson Parks are all City owned by Woodburn. In the Greenway Plan
through the Planning Commission, Recreational Parks Board and City Council
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over the past 30 years, the City has acquired a significant amount of property.
This planning unit has diverse landscapes.
Slide #11
An example of a landscape is Hermanson Pond that has ducks and a native
area. Hermanson Park I isn't well developed, but has the potential to be a
formally landscaped area. Hermanson Park III will be the transition from the hard-
scaped backbone trail to a soft-scaped path where the pathways around the
pond will be hard chips or wood chips. It will downplay the heavy development in
that part of the park.
Slide #12
The developments might serve to be efficient piers for wildlife observation as
opposed to a playground. Hermanson Park currently has a playground known as
Spider Park.
Slide #13
The conclusions specifically for that planning unit were covered in the early
remarks of the South Planning Unit.
Slide #14
The Central Planning Unit extends from Young Street up to Hardcastle. Wyffle
Park and Lincoln School are in the area and connected to that. Wyffle Park was
set aside several years ago and there is a playground.
Slide #15
Showing scenes of the view of South Young Street towards Cleveland Street
showing the Willamette Valley Railroad grate. The second photo shows a north
view from Young Street and around the comer. This is not City owned at this
time.
Slide #16
Showing scenes of Mill Creek south of Lincoln Street and Wyffle Park.
Slide #17
The major concern is the ownership issue and the City being more sensitive to
the private ownerships. Typical City policy is to seek park property from willing
sellers. At this point the City is in place to buy and should maintain public
interest, if the possibility arises.
Mid-Valley Community Church has a possibility to be a trailhead even though it is
not publicly owned. There is a parking lot, access to the creek and some
ownership of the creek bottom.
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Another area is the City owned Wastewater Treatment Plant that has the
possibility to be a trailhead.
Slide #17
The North Planning Unit starts at Legion Park and goes north to the City's
northern boundary. You can see Woodburn High School, Legion Park, and the
new Police Station. There were security issues that needed to be addressed and
the plan addresses the security issue with the Police Department so that it did
not create a hazardous condition for the employees. The plan proposes some.
great changes, landscaping and fencing that will make the building less obvious
to the path that will exist.
Slide #18
There is also opportunity for pretty views of the North Planning Unit looking at
Legion Park towards the High School and looking south towards Hardcastle. The
City's old Wastewater Treatment Plant can provide trailhead access to the
corridor.
Slide #19
Showing scenic views from Woodburn High School and Hazelnut St.
Slide #20
There are some unit features in this planning unit. There is a privately owned
pathway that goes north from Hazelnut St. The plan recommends that the City
seek ways to make that access permanent through an easement or purchaser.
The pathway would be along the creek that goes north towards the city limits.
There are opportunities for pre-historic environmental interpretation of Legion
Park and the photo shows the potential design. The Marion County
Transportation System Plan calls for an extension of this particular trail along Mill
Creek all the way to Pudding River. Residents in Hubbard and Aurora are talking
about having a Mill Creek Greenway as well so that eventually there could be
access all the way to that river.
There is a repeated inquiry about the finality of the project. The plan process
would be to create the plan by setting aside property, which was started 30 years
prior and have a completed system. As an analogy Portland's 40-Mile Loop has a
series of trails. The plan has been worked on by Metro and the City. An individual
can ride or walk on this loop continuously. In the late 70's that was a seed of an
idea amongst several people. Now that it is complete it has taken nearly 30 years
and it takes patience. Although Woodburn is not as large as Portland, it is a
possibility in less than 30 years.
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Slide #21
The West Tributary extends from Brown StlCleveland St. through Settlemier
Park. The City now has a Water Plant and will be building a Storm Water Facility
that will travel through the farm land and get close to Centennial Park and the
Valor/Heritage Campus.
Slide #22
Scenes are from the West Tributary viewing from Brown St. to Ogle St. The City
owns quite a bit of this property. Second scene is viewing from Ogle St. to the
East.
Slide #23
The creek is in a pipe in Settlemier Park. The Recreational and Parks
Department is working with the Public Works Department to potentially open up
the pipe which would create more storm water storage. This could enhance the
creek environment.
Slide #24
Scenes from the West Tributary Headwaters towards Settlemier from the east
from Stubb Rd. The land swells through there. The water plant is completed and
looks better than what is seen on this picture.
Slide #25
Scenes from the West Tributary - Evergreen Linear Park pathway view to the
south from the pathway. The entrance to Centennial Park is the pathway, which
is near the cedar tree. When it is being developed, there will be much easier
access for children and those who do not have mobile capabilities.
Slide #26
Some of the conclusions and recommendations for the West Tributary are that
individuals should be careful on the trail, when the area becomes residential and
maintaining it to be a non-motorized access where it links up Centennial Park,
Heritage ParkNalor Middle School and the Linear Park system. This would be
the most critical point. The particular planning unit provides connections and links
to so many different parts of the City including the library, the park. association
hall, the downtown plaza and downtown businesses.
Slide #27
The Goose Creek Tributary connects Woodburn High School, going west to
French Prairie Middle School and eventually to Senior Estates. It connects
schools and residential areas.
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Slide #28
Scenes are showing a pathway system of Goose Creek Tributary. A
recommendation was to memorialize the public access and preservation.
Slide #29
During research and inventory of the area, there was much consideration of the
oak tree. Photo shows the high school property and showing connection between
the two schools with off-road facilities.
Slide #30
Senior Estates are the majority population who use the parks most frequently by
walking their pets. They questioned whether the parks could be connected to the
system and affirmatively responded and could be done in various ways. A
connection was not provided from Astor Way to the school, but was provided
along Country Club Rd. If careful, continuous bike paths could be added to
create a nice connection via Country Club Rd. and Boones Ferry Rd. There is a
need to work with the developers and maintain the public access along the
corridor between Scones Ferry Rd. and the Medical Center.
Slide #31
There was a study done with connections and crossings. There are items that
need to be overcome such as a railroad that creates a wall. The plan proposes a
way around.
Slide #32
An example would be Willamette Valley Railroad. Where the creek goes through
is a swale and railroads run on a flat surface. They have created fills.
Slide #33
Until large projects come through the system, there needs to be a form to build a
bridge between Front Street and the railroad grate for walkers and bicyclers.
There is a route that can take them around for the meantime.
Slide #34
The City has an RFP for design in submittal to do a similar facility on the north
side. The route is a part of the bike path that is already built on Country Club Rd.
and is adequate and eventually will become the connection to Senior Estates
Park. This provides opportunity for walking pets.
Slide #35
There are development issues such as design standards, trail surfaces, side
amenities and consolidated sign system. ADA accessibility standards are critical.
especially with the backbone trail for persons with limited mobility so they can
have access. Recreation facilities become an important place for children to play.
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There are areas along the route where it can combine limited park facilities into
the Greenway. Need to include environmental interpretation. Residents will want
to know what wildlife existed, how it got there and what the mill was. The mill was
along the Greenway.
Slide #36
Old photos show Young Street in Woodburn. It was possibly taken from the old
water tower looking down from the Southern Pacific line.
Slide #37
Prehistoric perspective shows the animals that once lived in the area about
13,000 years ago. The animals are being discovered by scientists in the
greenway at Legion Park. The photo shows a park in Tennessee.
Slide #38
Development Issues include connectivity and its importance. Most stressed by
the focus group was having Woodburn Transit stops at the trailhead. Potentially
someone in West Woodburn could take their bike on a bus, come into the City
and ride their bike through the Greenway System.
There are mid-term and long-term solutions for the barriers. There has been a
significant amount of plan coordination. It spins off the comprehensive plan,
consistent with the transportation system plan and doesn't create problems with
storm water plant. It also matches the county's transportation system plan by
providing a southern link for the Mill Creek trail being proposed. The plan has
been reviewed by the DLCD and Oregon State Parks as well.
Slide #39
It will become the blueprint for the capital improvement budget. There are
inquiries arising about building the system. There are several funding
opportunities to build the project. One opportunity would be with Walmart that
has a program with the U.S. Wildlife Federation where they acquire natural
spaces equal to the footprint of their building in communities where they have a
building. There are acquisition dollars from private sources. There is a wide-
range of funding opportunities beyond the local funds. TEA-21 dollars, which is
our gas tax, that is set aside for transportation enhancement and cannot be used
for roads, only for non-motorized use. Executing the plan is eligible for those
funds. The Recreational Parks Department will be revisiting the plan within the
next 3-4 months and revising how much money will be needed from the SDC's
based on what the plan needs. Another opportunity not to be passed up for
greenways and pathways would be volunteer opportunities. Based on the survey,
about 100-150 individuals placed their names and wanted to help in some form.
There are some volunteers lined up to help build the plan. In the next week a
grant application will be submitted to the Oregon Parks and Recreation
Department (OPRD) that will be the first piece of implementing the plan. If
something happens along the approval way in terms of funding; the OPRD can
be advised that the grant is no longer needed, but do not want to miss the
opportunity so now has submitted the application for the project.
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The applicant then made himself available for questions from the Planning Commission.
Commissioner Jennings stated that in the 80's and 90's the transportation task force was
asked to develop a mobile plan that would allow someone to get from one end of
Woodburn to the other without the use of an automobile. The idea was that anyone living
in the city could get on a golf cart, which is not drivable on the street or main highway,
and travel to any place within Woodburn within a reasonable amount of distance. It
would commence East of the freeway and travel through a pathway that would connect
to the downtown, the parks, North Park Plaza and Hwy 99.
Vice-Chaircerson Bandelow asked if there were any further questions for the applicant.
Westrick commented that Commissioner Hutchison also worked on plan and was on the
board.
Commissioner Hutchison stated that he had worked on the plan previously. This was the
most exciting project introduced while on the board. Especially I with the design of the
bus lines at certain areas, taking bike rides, bringing the communities together, and with
new developments it will give a healthy environment to Woodburn. This will be a safe
and open place for children to be able to use as well.
Vice-Chaircerson Bandelow proceeded by inviting Proponents of the project.
PROPONENTS
Herb Mitmann, address: 365 Ironwood Terrace, Woodburn, stated that he moved from
Denver to Woodburn in 1998 and reviewed the type of developments in the area. One of
the main attractions was the advertisement for Tukwila and the 3 miles of hiking trails
because he liked to walk and hike. The maximum walking distance was * of a mile and
now it has been reduced to ~ of that amount. In speaking with surrounding neighbors
who also moved to the area for the walking trails, there was much disappointment at the
fact that there are no walking trails near their homes and no way of connecting areas
through trails. During his morning and evening walks, he encounters about 50-60 people
who would also like to enjoy a walking trail, but there are none available.
When this project started being developed, and while being the chair of the Recreation
and Parks Board. one of the needs to be done in Woodburn was the ability to connect
the community while the land was available. Expanding in any direction, North, South or
West. we must assure that there is available land. The key to the entire project is to have
a Master Plan and without it the community is not taking interest for approval or
purchase of property. The community, the parks service, and the Recreation Parks
Board came together and created a Master Plan within a year and a half. The end result
will enthuse everyone to make sure the project is done.
The Planning Commission should approve the project so that it moves to the next step to
the City Council, so the funding proposals can be submitted to the State and National
Park Service, and so the community and surrounding communities to the north and
south can tie-in. He will endorse the project and assures that the community will support
the project as well.
Planning Commission Meeting March 9, 2006
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Bruce Thomas, address: 795 Corby Street, Woodburn, stated that he is also in favor of
the project. Reiterated that through the surveys and task force of the last 5-6 years, this
is a project the community supports and wants. He asked the Planning Commission that
serious consideration be taken about this project.
Jameson Cavalero, address: 18540 SW Soones Ferry Rd., Tualatin, commented that he
was speaking as an outsider. He became aware of the project and its connections both
North and South. Mentioning that a Watershed Assessment is in its final version for the
Pudding River Watershed, which includes tributaries like Mill Creek. No creek has been
identified as having little or no tree covering on the majority of the creek. He agrees with
the presentation that describes the importance of livability in terms of walking and
wildlife. He looks forward to being an advocate for some sustain ability in terms of helping
the economy through the city and agricultural businesses and insuring consideration of
the wildlife and habitat qualities. Understands that creeks are an important tributary, and
while it had been compromised for a variety of reason, the future of the community and
with the Planning Commission's help and wise plan, it can encourage some native
species to return to the area.
Willis Graff. 1328 Dogwood Drive, Woodburn, stated that he had been involved since the
beginning of the project. He is a member of the Mid-Valley Community Church in the
property South of Lincoln Street, extending clear through. There are some negotiations
that can be done and currently is involved in putting in a parking lot. There is a survey
and wetlands study being done. He would like to see cooperation on behalf of the City
as much as possible and being in the project together. There is a current situation with
the parking and growth of greenery. He hopes that the church and the City can work
together on this project.
Sue Christenson, 458 W. Hayes, Woodburn, stated that she was a proponent of the
project, but also had some concerns. She was also part of the Charette for the Mill
Creek Corridor and at that time there were questions that arose and was looking for an
answer at the meeting.
First, the task force was having conversations with community members of Senior
Estates about having the paths run through the Senior Estates. Inquired about the
resolution.
Second, Tukwila was approved for another phase of building. At this time construction is
being done along the creek by the high school. Asked how a path will be created
between Tukwila and the property along the creek.
Third, the Charette had a concern on how close the path was being created to the
waterways. She believes that the wildlife will not return, due to the fact that it is very
close to the waterway.
Fourth, there was also the concern on the width of the path. With the path being 8 feet-
12 feet wide, it was believed to be more of a roadway rather than a trail or path. One
suggestion by Seniors Estate was that it be divided into two paths due to bikes,
scooters, other motorized vehicles other than a pedestrian trail or walk path.
The summed up concerns were the protection of the wildlife and wetlands that had been
anticipated.
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Commissioner Jennings commented that he shared the same concerns as the
proponent. He believed that it was not to the engineering phase of the project.
Vice-Chairperson Bandelow asked if there were other public proponents.
Vice-Chaircerson Bandelow asked if there were public opponents.
Vice-Chairperson Bandelow invited Westrick for a rebuttal to answer questions that were
mentioned.
Westrick stated that questions could be answered during the design and engineering
phase of the project on how close the paths will be to the creek and the sensitivity of the
wildlife. The Greenway wants to provide the community with places where they can
observe and not compromise the wildlife. In urban areas giving the community access
and comfort to wildlife, will bring respect and enjoyment of wildlife. This is where the
environmental interpretation is essential because of the knowledge and understanding of
its habitat. In some cases, due to wildlife, the trails may be smaller or shorter.
In the transition nodes that were proposed it offered two types of trails. One would be a
natural path trail that takes people through a wood chip path and the other would be an
all-weather paved pathway. The planning phase of the Greenway is working closely with
the Statewide Outdoor Comprehensive Plan, which states that the trails need to be close
to where people reside. Also encourages multi-use trails for each type of user such as
walkers or bicyclists, etc. but not specific accommodations. Instead create a network of
types of trails, which is a multi-purpose pathway system. At times a multi-purpose trail
can make things sterile, but in an economic way serves as many people as possible.
There is an alternate route around that makes a connection to Senior Estates Park via
Country Club Road and Boones Ferry Rd. At parts of the pathway, people may need to
go near the road to get to the next pathway. The ideal plan would have been to leave a
corridor through the residential area in some of the developments such as Senior
Estates and French Prairie Middle School Complex to allow individuals to use it.
Commissioner Hutchison asked Westrick about the uses of the golf carts, multi-use
paths and the use of motorized off-road vehicles such as scooters. He questioned about
the access use by non-motorized and maintenance vehicles entering the facility.
Westrick stated that it is be a non-motorized usage pathway. There are developed
regulations for official motorized vehicles for uses such as machines to build and
maintain the parks and paths and operate efficiently. The types of motorized use allowed
would be for people with disabilities. The golf cart path was dropped from the usage in
the greenway path. If it is in combination for someone who is disabled, the
accommodations can be made.
Vice-Chairperson Bandelow closed the public comments of the hearing and opened for
discussion amongst the Planning Commission.
Commissioner Vancil commented that there would not be an opposition on building for
wildlife. There is a concern about system development fees. There were several homes
built in the city in the last five years that do not have a park within walking distance. This
is a wonderful idea. There is a need for a community park for children.
Planning Commission Meeting March 9, 2006
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Commissioner Jennings requested that the Planning Commission move forward with the
request to the City Council as a plan. There are valid concerns that will need to be
answered at the engineering phase. Moving forward with the plan will allow for funding to
be available and not be lost.
Commissioner GrosJjacaues commented that it is a great plan and idea and it is
something the community needs.
Commissioner Jennings moved to adopt the proposal for Mill Creek Greenway Plan
Legislative Amendment 06-01. Commissioner GrosJacques seconded the motion, which
unanimously carried.
ROLL CALL
Chairperson
Vice Chairperson
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Lima
Bandelow
GrosJacques
Vancil
Grlgorieff
Hutchison
Jennings
yes
yes
yes
yes
yes
yes
B. Design Review 05-10, Conditional Use 05-03, Variance 05-14, Variance 05-15,
Variance 05-16, Variance 05-17, Request for design review approval to expand the
existing a.C.D.C. Head Start facility located at 540 Settlemier Avenue, conditional
use approval to allow Child Day Care Services and off street parking in the RS
zone, variance approval to allow parking In setbacks and In a yard abutting a
street in the RM zone, variance approval to reduce the required driveway throat
length, variance approval to allow proposed structures to encroach into interior
yard setbacks, and variance to boundary and connecting street improvements,
Peter Grimm, Scott Edwards Architecture, applicant.
Vice-Chairoerson Bandelow opened the public hearing for DR 05-10, CU 05-03, VAR
05-14, VAR 05-15, VAR 05-16 and VAR 05-17.
Interim Communitv Develooment Director Zwerdling read the appropriate ORS.
Associate Planner Richling introduced the project on a powerpoint presentation.
Slide #1 - Site Map
The subject property is 1.67 acres in area and comprised of 5 tax lots including a
vacated portion of 6th Street right of way. The site can be identified on Marion
County's Tax Assessor's Map as township 5 south, range 1 west, tax lot #4000,
#4100, #4400, #4500. #4600 and portion of 6th Street right of way. Its location is
abutted by Settlemier Ave. on the West side and W. Hayes on the South side.
The site is split zoned; 2/3 is zoned Medium Density Residential (RM) and on the
comprehensive plan designated residential greater than 12 units per acre. About
5500 sq. ft. of the site is zoned Single Family Residential (RS) currently
designated on comprehensive plan as residential less than 12 units per acre. As
a part of the Legislative Amendment 05-01 the entirety of the site is proposed to
be changed both in zoning and comprehensive plan designation to RM and
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residential greater than 12 units per acre. The existing condition is a split zone
location.
Slide #2
The subject site is currently developed with an 11,000 existing OeDe -
Woodburn Headstart Facility. There is paved off-street parking. There are a few
buildings that have been removed from the property. There was a home on the
southern portion that has been removed. Another structure to the northeast
portion has also been removed. The site currently has two access points on
Settlemier Avenue. The access that served the home has temporarily been
removed, since it was taken off the property. The northern access still exists.
There is a third access from Lincoln St. via the 6th Street right of way.
City Council Ordinance 2393 was adopted in January 2006 to vacate the 6th
Street right of way as a condition of approval of that vacation. The property
owner was to perform the lot consolidation of all the tax lots and the vacated
portion of the right of way into one property. That is currently taking place and is
in the process of recordation.
Slide #3
The existing structure is still located in its present location. The applicant is
proposing a 6,625 sq. ft. addition creating an East wing to the existing structure.
In addition, several large architectural dormers are proposed on the northwest
portion of the existing structure and several clerestory features on the roofline of
the existing structure. In addition, the applicant proposes fac;ade upgrades on
the entire existing structure.
Slide #4
Shows the view from Settlemier Ave., the existing structure and existing play
faCility abutting the roadway.
Slide #5
Shows views from the south from W. Hayes St. and on the RS zone portion of
the site there is an existing graveled parking area that is currently used for
parking.
Slide #6
Shows view from Settlemier Avenue and the existing fa~ade of the structure.
Currently it is T111 and aluminum siding.
Product #1 & #2
Provided by the applicant are sample material wood and a photograph of what
the potential structure could look like. Stained wood or lap appearing siding with
three (3) different colors with a more or less earth tone shade. The color photo
shows the rendition of one of the proposed studios.
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Commissioner Jennings asked Associate Planner Richling about the Proposed Site Plan
of the project. Inquiring about the area where the wellhouse had been removed and the
City Council discussion on modifications to block off or barricade Hayes St. and move
North.
Associate Planner Richling responded that had occurred as another condition to vacate
the right of way of 6th Street and incorporated into replat of the lots. The applicant has
dedicated 25 feet of right of way on the South side of the W. Hayes St. portion. It is
ultimately to be dovetail (V-shape) with the new alignment of the Hayes St./Settlemier
Ave. intersection. The design and plan is being taken into consideration with the City
Council plans.
Slide #3
From the proposed site plan the existing parking area is being expanded.
Currently, the site does not meet the parking requirement in accordance with the
WOO and wouldn't meet the requirement with the addition of the new structure
area. However, the applicant is proposing to meet that standard and have
parking move into the Northwest portion of the site, onto the Southern portion of
site and the triangular section of the RS zone portion of the site. Proposing to
relocate and re-open the southern access and the northern access to facility
vehicle access while closing off the current vehicle access from Lincoln St.,
which would become a locked gate with a fire access only.
Slide #6
Proposed Floor Plan. Although the project looks like a substantial increase of the
building area, OCDC is not going to add any children who are being served by
the facility. Instead 20 employees will be added from the current 24 for a total of
44 employees. It has a more intense parking requirement because it is a
childcare facility. The expansion of the parking area reflects that.
Slide # 7
The applicant is also proposing to re-Iandscape the entire site. The applicant is
proposing to plant Norway Maple trees (large trees) abutting Settlemier Ave.
Ultimately they will grow to a size that will match the size of some of the heritage
trees that are currently along Settlemier Ave. The same tree is proposed on W.
Hayes St. In addition the applicant is thoroughly landscaping where the building
encroaches into the interior yard setback to further buffer the development from
the abutting residential uses. Currently residential uses surround the subject
site.
Slide #8
The applicant is proposing to plant a 6 foot tall architectural wall on all property
lines abutting the residential uses, incorporating two textures and two colors. In
addition and separate from the street trees, a berm is proposed abutting
Settlemier Ave. and W. Hayes St., which is a 2 foot tall earth and berm and then
a 3 foot tall vegetative screen. That will give an enhanced appearance to what is
seen today on the site from the abutting roadways.
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Slide #9
Viewing the architecture, you can see how it looks from Settlemier Ave. with the
improvements, the fal1ade upgrade, architectural dormers, and the northwest part
of the existing structure.
Sfide #10
The proposed new wing of the structure is slightly taller with a clerestory feature,
studio features, and a new entrance to the structure. It is also located within and
abutting the Neighborhood Conservation Overlay District which protects
Woodburn's most essential and historic neighborhood in the downtown area.
Slide #11
On the site plan it shows several proposed accessory structures for outdoor play.
The point with this design part of was to remove the outdoor area from abutting
the roadway and putting them behind the structure to the north and to the east
and slightly to the south. Because of weather conditions in Oregon accessory
structures proposed within those areas provide storage and weather protection of
the areas.
Associate Planner Richling stated that the applicant's proposal met all the applicable
standards of the WOO with the exception of proposing parking spaces located in the
front and interior yard setbacks and parking located abutting the street in the RM zone.
The applicant is proposing a reduced driveway throat length for access coming off
Settlemier Avenue, structural additions and encroachment into the northwest and east
interior yard setback areas and reducing the required boundary and connecting street
improvements to Settlemier Ave. and W. Hayes Streets.
The applicant submitted variance request to allow parking and setbacks in the yard
abutting a street the RM zone to reduce the required throat length and to allow
structures in to encroach into interior yard setbacks as well as to waive the boundary
and connect street improvement standard.
Staff is in support of the variance to allow parking and setbacks in the yard abutting the
street in the RM zone. The 30 or so spaces proposed in the 20 foot front yard setback
and the 24 foot interior yard setback in the RS zone cannot be located anywhere else on
the site. It is an arrowhead shaped site with special constraints with the design. The
requirement for the front yard planting density and berm screen abutting the roadways, it
will effectively obscure the appearance of the off-street parking area from the abutting
roadways. It is a similar standard that commercial developments would be required to
meet because it is a residential institutional use. The 6 foot wall is proposed along the
property line and continuing down to where it is zoned RM. With the architectural wall
and laurel hedge the off-street parking will be well obscured from the abutting residential
use.
Staff is also recommending approval of a variance to reduce the required driveway
throat length from the required 50 foot to 47 foot & 48 foot and it is a minor deviation. For
the majority, of the time the 50 foot throat length will be met or exceeded.
Planning Commission Meeting March 9, 2006
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Staff is also recommending approval of variance to allow the encroachment of portions
of the 6625 sq. ft. building and the structural additions to the existing building into the 30
foot interior yard setbacks in the northwest and east portions of the site. This structure is
currently located 24 feet back from the property line, which is the minimum if it were a
single family residence. The architectural design is being minimized to present a
residential type look and not have a hard interface between the institution and residential
use. In the northwest portion of the site the existing structure already encroaches into
that setback area. In order to meet some of the design guidelines, the applicant has
provided the dormers and clerestory. While they may encroach into the existing non-
conforming setback, the visual appearance will be enhanced and should be less obvious
than the current structure. The architectural wall will be abutting the property line all the
way around. In combination with the landscaping plan, the applicant is proposing heavy
vegetation abutting the wall in that location and there are several existing large trees and
several proposed trees that should minimize the impact it would have on the abutting
residences.
Staff is also recommending approval for the variance to the boundary and connecting
street improvement requirement for Settlemier Ave. and Hayes St. designated as a
minor arterial and local street and the Woodburn Transportation Plan. While classified as
a minor arterial, the accompanying uses abutting Settlemier Ave. are typically
residential. There are a few commercial uses further to the north. The 4 oot right of way
dedication is required as part of the property line adjustment. The applicant has
dedicated 25 feet of right away on the southern portion of the site. They have also
dedicated 7 feet of right of way on the portion that abuts Settlemier Ave. From the center
line to the property, the actual property right of way is met. The issue then arises from
the cross section not being what it should be with the Woodburn Transportation System
Plan. According to Public Works comments, the intersection improvement for the
HayeslSettlemier intersection is identified in the City's Capital Improvement Program.
The City has not yet determined the final alignment. There are three (3) options that
Public Works had mentioned. Any improvements to that portion of the site, in terms of
right of way and cross section improvements would be premature at this point due to the
alignment not being determined. Therefore, it would be unwise to make improvements
that would have to be removed so new improvements could be made in a very short
period of time. In addition the final draft of the October, 2005 Woodburn Transportation
System Plan (TSP), which is a part of the Comprehensive Plan bundle designates a
portion of Settlemier Ave. as the Historic Settlemier Transportation Corridor. While it is
designated a minor arterial in the TSP, the goal is to preserve the historical integrity of
that corridor and full street improvements would not be required for the sake of
protecting the heritage of the site, the large walnut trees that abut Settlemier Ave., and
some of the homes that are located very close.
Slide #12
Full dedication of right of way along the entirety of it would significantly eat in and
cause sites to become non-conforming. It has been the direction of the TSP
update to eliminate that issue with exception of sites that will require a center turn
lane or bike lanes. It will not require a full street improvement within that zone.
While it is not in effect, it has been adopted by the City Council.
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Slide #13
The applicant has submitted a rough proportionality traffic report that mirrors the
opinion of the Public Works Department and City staff of the existing amenities
and right of way. The 7 foot dedication on Settlemier Ave. and 25 foot dedication
on W. Hayes St. is sufficient to accommodate the proposed development.
Based on the information in the report and information provided by the applicant and the
applicable review criteria, findings to approve DR 05-10, CU 05-03, VAR 05-14, VAR 05-
15, VAR 05-16 and VAR 05-17 can be made. Staff recommends approval of the
proposal subject to the conditions of approval included in the staff report.
Associate Planner Richling was then available for questions.
Commissioner Jennings asked about the improvements to the Hwy 214/Settlemier
intersection. Has Public Works mention the probability of widening on Settlemier Ave.
and in the particular area and if the intersection improvements would end north of Gary's
Market?
Associate Planner Richlina explained that based on conversations with Public Works, he
understood it would expand to the West and not the East. In the location of the particular
property, the discussion was to widen to the West with the exception of the
Hayes/Settlemier intersection, although it has not been determined, and would end north
of Gary's Market.
Commissioner Hutchison commented on the intersection possibilities. Inquiring about
the three (3) possibilities provided in the TSP. He questioned the street improvements
being based on the traffic flow.
Associate Planner Richling stated with the rough proportionality report the applicant
provided the site demonstrated that it did not meet the threshold for a TIA.
Commissioner Jennings commented that he agreed with Commissioner Hutchison in
regard to the intersection of Hayes St. and Settlemier Ave. but that has nothing to do
with their development, since it is City Council's decision on the future intersection
improvements in that area. The applicant has taken in to consideration the easements
with Council's future decision making.
Commissioner Hutchison stated that his concern was a request not made by staff at the
time the Urban Growth Boundary project was presented and would it expand the entire
development downtown with total housing. He did not believe the infrastructure was
going to develop the road across the freeway, where it could become a traffic issue.
The traffic issues keep rising. Each development may not increase the traffic a
significant amount, but looking 10 or 20 years ahead with more developments going in
and no infrastructure to support it. it will cause more issues.
Commissioner Vancil mentioned that project would be adding 20 employees and does
not trigger for the applicant to make the improvements being mentioned. The
improvements would be made in the future and in a certain form. Also it was decided last
fall not to take out all the trees on Settlemier Ave.
Planning Commission Meeting March g, 2006
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Vice-Chairoerson Bandelow stated that the project could not take that into consideration
because of the traffic plan decided on by City Council.
Commissioner Jennings stated that the study shows only the traffic impact for the
particular development and does not have anything to do with Boone's Crossing nor
should it.
Vice-Chaircerson Bandelow invited the applicant for testimony.
Rod Walker, 9147 W. Pioneer Ct., Wilsonville, Facilities Manager for Oregon Child
Development Coalition, applicant. Stated a brief history and background of OCDC
(handout was facilitated by the applicant). The handout was created by Marion County
describing the programs in the county. The OCDC is a non-profit corporation that is
primarily funded through a grant from the headstart bureau and a federal level of health
and human services. It operates Migrant Seasonal Headstart Programs in eleven (11)
counties in Oregon and serves approximately 2500 children per year. In Marion County
there are four (4) sites where the programs are operated. OeDe Program has been in
existence for 35 years in Oregon. It is also the third largest Migrant Headstart Program in
the country.
oeDe supports the economy and the agricultural communities by providing child care,
food programs and other social service programs to migrant farm worker families. They
have good support from the agricultural community, from farmers and growers
throughout the state. The Woodburn site has been operating since 1994 and the building
was being leased. Prior use was a nursing home and extensive remodeling was done to
accommodate the childcare pre-school programs. The two residencies that were
removed had been previously used for administrative offices and due to the age and
condition became a hazard. They were torn down in preparation of the new project. The
administrative offices are now located in a leased space on Hwy 99 across from Nuevo
Amanecer.
The 20 additional employees mentioned in the staff report are individuals returning to the
site who were housed in other locations. The intent was to bring back those individuals
nearer to the children by locating them where the programs are occurring. The number
of children is not changing, instead enhancing the environment for the children is
enhanced and administrative space is created. Also trying to alleviate some problems
with the site throughout the occupancy. One issue is traffic because of the layout and
access from Lincoln and 6lh Street right of way that is now vacated. There have been a
lot of traffic into that neighborhood and the buses have parked on the site. The parking
has been limited in the way it is configured. The plan is to alleviate those problems by
increasing the parking, eliminating the access from 6th Street and moving the bus
parking off-site.
He stated that Associate Planner Richling did a great job presenting the project and
there is nothing else to include. He closed his remarks and was open for questions from
the Planning Commission.
Peter Grimm, Scott Edwards Architecture, 2214 SE 591/'1 Avenue, Portland, re-iterated
that Associate Planner Richling did a good job covering the project. OCDe has been on
the site for about 10 years and the development will be enhanced. The request is to
improve an asset to Woodburn and its community. The staff report mentions that OCDC
does fulfill an essential need for the community. He has been a part of the project for five
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(5) years. As the project architect, the goal was to design a facility that conveys the
compatibility with the surrounding residential community. It is a beautiful facility. Working
with the planning department for the previous few years helped to refine and design a
center that could serve as a focal piece to the community. It is a gateway location
because it is on Settlemier Ave. The architecture firm has developed other sites for
OeDe and received recognition for award winning projects in regional architectural and
hope to do the same for the Woodburn site.
In regards to the future traffic concerns, OeDe has dedicated 7 feet along Settlemier
Ave. for future city decisions on street improvements. OCDC has done what can be
done at this point to work with the eity to the maximum flexibility in the future.
There were discussions with Public Works and Randy Scott sent several draft options for
the intersection of Hayes St. and Settlemier Ave. and all options would be
accommodated with the right of way dedication from oeDe.
Vice-ChairDerson Bandelow thanked the applicants and invited Proponents for the
OCDC Project.
PROPONENTS
Kris Patrick, 569 N. Settlemier Ave., Woodburn, stated that her residence is adjacent to
the proposed OCDe building. Further stating that she was excited about the landscaping
proposed and believes that the building needs an overhaul. She is very supportive of the
Headstart Program. She did have a concern about the landscaping of the property and
the lighting. Currently there is a bright light from the Urgent Care Facility that beams into
the upper bedroom window. Wants to see a type of lighting inputted that would be
respectful to the residential community.
Mr. Grimm responded to the concern by stating that the lighting was designed not to
glare onto adjacent properties or onto the roadways. OCDC was required to submit a
photometric plan, which is like an engineering drawing that showed the light levels on
the site. Everything has been done to minimize the light levels, especially in the back.
The facility is used during the day time hours primarily and the need for strong lighting is
not required.
Vice-ChairDerson Bandelow asked for additional proponents.
Ronald Schultz, 682 W. lincoln Street. Woodburn, asked about 6th Street being vacated
and wanted to know what will become of 6th Street.
Associate Planner Richlina responded that on January 9,2006 City Council had formally
adopted the city ordinance to vacate the portion of 6th Street. The north side of the
property will have a locked gate that will be available for fire access. The rest of the
access way going towards lincoln Street is going to be paved over and maintained as a
fire access.
Schultz asked if it would fall under property taxes for the street improvement.
Interim Community Development Director Zwerdling recommended that Mr. Schultz
contact personnel at the Public Works Department. Staff in the Public Works Department
could review the ordinance in detail.
Planning Commission Meeting March 9, 2006
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Sue Christensen, 458 West Hayes Street, Woodburn, stated that the architectural design
looked great and had one concern about the abutting wall. Depending on what will be
done with the intersection will the wall present a visual hazard to turn onto Settlemier
Ave. and create a traffic difficulty to enter the street.
If the intersection is removed at this time, with the presented options, will there be traffic
issues to get to the school or other surrounding businesses or residences?
Interim Community DeveloDment Director Zwerdling commented that there are visual
clearance standards for walls where there are two intersecting streets as well as
driveways. Those are required with the current project. In regards to the alignment
issues, that is the broader spectrum of the City Council and their three options can be
addressed at their meeting.
Vice-Chaircerson Bandelow stated that the taller walls are abutting the residential area
not the streets.
Interim Community Develocment Director Zwerdling agreed with the comment stated
and demonstrated on the slide where it showed the stepped wall because of the required
wall height that can be achieved from a certain distance from the front property line. The
applicant will comply with the requirements.
OPPONENTS
Vice-Chairperson Bandelow closed the hearing since there were no opponents to the
project and opened for discussion by the Planning Commission.
Commissioner Jennings commented that it would be a great asset to the community.
The applicant has done a great job with the particular piece of property. He appreciated
that the applicant made great effort to make the property blend in with the neighborhood.
There was much detail included in the proposal that explained the development of the
project without needing further explanation. It will add improvement to Settlemier Ave.
with the new changes proposed compared to the existing conditions. He also stated that
widening Settlemier Avenue will not go beyond Lincoln Street if it became a historical
area because the tree retention will not allow for it. Improvements are done on the West
side because the Cedar trees are on the East side and will not be cut down. Other
projects will use the south bypass. Any of the three options chosen by the City Council
will best serve the area.
Commissioner Hutchison commented that he was in favor of the project and it will
enhance the property and community. He stated that there have been system
development questions and representation was not available for answers. He requested
that a representative from the Public Works Department be made available at the
meetings to answer questions from the Planning Commission, the applicant(s), and the
community so that recommendations can be made based upon all the supplied facts.
Vice-Chaircerson Bandelow commented in regards to the possible changes to Hayes
Street, she understood that the change would not have a direct effect on the traffic flow
in regard to the property and project.
Planning Commission Meeting March 9, 2006
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Interim Community Develooment Director Zwerdling responded that the changes were
not under the purview of the Planning Commission at this point. The development is not
going to impact as such that it would be the mainstay of full improvement. There is a
place where it will be discussed and all the input would be generated.
Also, if a representative from the Public Works Department is requested to attend the
Planning Commission meeting, the Community Development Department can be
contacted so arrangements can be made prior to the meeting.
Vice-Chairoerson Bandelow commented that the Planning Commission appreciates
receiving the packets well in advance before the meeting. It allows for time to review the
materials.
Commissioner Hutchison commented that in some decisions such as subdividing a lot
that had no impact on the streets being developed, there is not a need to request a
representative. Although in a couple of situations the need of a representative would
have helped answer some of his questions. In future meetings if a representative is
needed, he would contact the Community Development Department and make the
request in advance.
Commissioner Jennings commented that making a phone call to the Community
Development Department about having a representative from the Public Works
Department being present, would not make a difference with the HayeslSettlemier street
improvements because it is strictly a City Council decision.
There have been some meetings where it would have been appropriate to have Randy
Rohman, Transit Department, who could answer questions. Making a phone call to the
Community Development Department, who would support representatives attend
meetings. so as long as there is advance notice.
Commissioner Hutchison stated that he thought the Variance request being voted on
was pat of the Hayes/Settlemier intersection.
Commissioner Jennings stated that the project includes the easements to take care of
requests. The Planning Commission's decision on the easement will have no bearing.
Vice-Chairperson Bandelow informed the Planning Commission that the street
improvements would not be required on Settlemier Ave. in any case.
Commissioner Vancil commented that it is a great project. The Planning Commission
needs to work out the transportation issues and apologized to the applicant for taking up
time to discuss Planning Commission issues. He fully supported the project and stated it
was a great addition to the neighborhood. He stated he had transportation concerns but
they were not related to the project being heard.
Commissioner Jennings commented about the second entrance with the way the
intersection is placed and a possible turning lane. He stated that there were options and
street improvements be made in a way that the variance could be denied. His decision
should be based upon the development being done to the best ability of the applicant. It
will be a fine project and will be an enhancement to the area.
Planning Commission Meeting March 9, 2006
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Commissioner Grigorieff complimented on the design, color scheme and consideration
to the neighboring residents, which is great. The children will enjoy the enclosed play
area, even during the rainy season. She would vote on the approval of the project.
Commissioner Vancil moved to recommend the approval of DR 05-10, CU 05-03, VAR
05-14, V AR 05-15, V AR 05-16 and V AR 05-17, subject to the conditions of approval.
Commissioner GrosJacaues seconded the motion, which unanimously carried.
ROLL CALL
Chairperson
Vice Chairperson
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Lima
Bandelow
GrosJacques
Vancil
Grigorieff
Hutchison
Jennings
yes
yes
yes
yes
yes
yes
Interim Community Development Director Zwerdlina commented that a Final Order for
DR 05-10. CU 05-03. VAR 05-14. VAR 05-15, VAR 05-16. subject to the conditions of
approval was available for motion to accept by the Planning Commission.
Vice-Chairoerson Bandelow made a voice motion, which carried unanimously.
ITEMS FOR ACTION
None.
DISCUSSION ITEMS
Interim Communitv Develooment Director Zwerdling stated that the City Attorney, Bob Shields,
was not able to get Adrian Brockman to come to Woodburn, but he has offered to lead the
session. That would be an excellent idea with him being in-house and he could tailor the
workshop for the Planning Commission. With listed items he could begin working on those
items. If there are certain items the Planning Commission had in mind and wants included. it
can be added to the list.
Commissioner Vancil commented that Transportation because of the concern of traffic and the
development of it and the funds are unavailable for repairs. The legal options the Planning
Commission has available for recommendations that can be made to the elected body regarding
potential denials based on transportation concerns.
Interim Community Develooment Director Zwerdlina stated she will add ex-parte contacts to the
list and will have the City Attorney review the item because it is a typical issue that is brought up
practically every hearing.
Commissioner Jennings commented that by having the City Attorney do the workshop, he could
also relate it to the City of Woodburn policies and can be addressed at that time.
Interim Community Oevelooment Director Zwerdlina stated that part of the discussion could be
conditions of approval. He could discuss the requirements of on-site or off-site in regard to
proportionality issues. That would be very beneficial.
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Commissioner Vancil stated that the projects brought great examples of triggers of street
improvements and the effects of decisions made today could effect future improvements and
developments.
Commissioner Hutchison commented that the report stated the traffic applied and the near
regional growth in the area. The forecasts need to be based upon what will happen in the future.
Commissioner Jennings stated that the forecast is located in the Comprehensive Plan and
Transportation System portion. Attaining the information when required to make decisions.
Commissioner Vancil stated that having an expert from Public Works would answer questions
having to do with arterial impacts by new developments or changing uses on a main street.
Experts from the departments can project for the Planning Commission and advise about the
impacts. An example would be 1-5 and Hwy 214. The same occurrence happened when
discussions were made about the expansion of the interchange. Decisions cannot be made
based on the Comprehensive Plan, but with an expert at hand.
Commissioner Jennings stated that most questions brought up during the meeting were talked
about for some of the developments and traffic studies being done.
Vice-Chairperson Bandelow requested for a date the workshop could be scheduled.
REPORTS
.
Vice-Chairoerson Bandelow opened discussion about the information on the tracking sheet.
Interim Community Development Director ZwerdlinQ stated that a Conditional Use item is
scheduled for the second meeting in March.
Commissioner GrosJacaues commented that he will be absent for the March 23, 2006 meeting.
BUSINESS FROM THE COMMISSION
Commissioner Jennings brought up the discussions about the WOO focus group that will be
compiled. He wanted to see the parking item added to the list and the Planning Commission
should call Interim Community Development Director Zwerdling about adding items to be
discussed in the workshop.
Commissioner Vancil mentioned he wanted a workshop item discussed that would explain the
triggers of variances. There were some developments that went through a variance process and
the Planning Commission was asked to review and decide and possibly reduce the amount of
variances required.
Commissioner Jennings stated the former Community Development Director had distributed an
informal sheet with a list of items and the Planning Commission can add items to the list.
Interim Community Oevelooment Director Zwerdling stated that she had the informal sheet and
could re-distribute to the commission members and would include some newer items of more
recent cases such as the wrought iron fence provision and the conditional use.
Planning Commission Meeting March 9, 2006
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Commissioner Vancil stated that being friendly to developers without destroying the community
would bring an equal balance.
Vice-Chairoerson Bandelow stated that adding the parking issues and its feasibility.
Interim Community Develooment Director Zwerdling stated that the parking issue is already an
item on the list that will be looked at.
Vice-Chairoerson Bandelow had a question in regards to traffic and the fact there had been
visual improvements to 1-5. She wanted to know who would be funding the improvements to the
interchange for the Keizer Development. She asked if it included the overpass changes
because there is revamping of the Chemewa exit and other changes. Are the taxpayers funding
it or is the developer funding it?
Commissioner Jennings stated that the Keizer Development is being paid by the developer and
who is paying large sums. If the changes are in fact happening, the funding would more than
likely be from the developer because there probably is no funding available for the freeway
improvements. It would have to go through the legal process of Statewide Transportation
Improvement Plan (STIP) and have the Building Department involved.
ADJOURNMENT
Commissioner Jennings moved to adjourn the meeting. Commissioner Grigorieff
seconded the motion. which unanimously carried. Meeting adjourned at 9:40 pm.
APPROVED
CLAUDIO LIMA. CHAIRP SON
ATTEST
Naomi Zwerdling
Interim Community Development irector
City of Woodburn, Oregon
Planning Commission Meeting March 9, 2006
48
Page 27 of 27
1
WOODBURN PLANNING COMMISSION MEETING MINUTES
March 23, 2006
CONVENED The Planning Commission met in a regular session at 7:00 p.m. in City Hall
Council Chambers with Chairperson Lima presiding.
Chairperson Lima questioned members of the Planning Commission having potential conflicts
such as family, financial, or business relationship with any of the applicants or with regard to the
project in question. If such a potential conflict exists, he asked whether the commission in
question believes he or she is without actual bias or whether he or she would like to step down
from the Planning Commission during the case.
Chairperson Lima announced: agenda is available at the back of the room. We will consider
cases one at a time according to the order listed in the agenda. We will follow the hearing
procedure outlined on the public hearings procedures board. All persons wishing to speak are
requested to come to the podium and give their name and address. Any individuals speaking
from other than the podium will not be recognized.
P
P
A
1'" ,~
P
P
P
,
r
a /
delo\f"-'''-'''' "
Gr ~es
Vanc "
Grigorieff
Hutchison
Jennings
Chairper ~ n
Vice Chai erson
Commiss,. ner..,
Commissionef"-
Commissioner
Commissioner
Commissioner
""rj"
Staff Present: Naomi Zwerdling - Interim Community Development Director
Breah Pike-Salas - Associate Planner
Marta Carrillo - Administrative Assistant
MINUTES
A. Woodburn Plannina Commission Meetina Minutes of March 9. 2006.
Commissioner Jenninas moved to accept the minutes as written. Vice-Chairperson
Bandelow seconded the motion, which unanimously carried.
BUSINESS FROM THE AUDIENCE
None.
COMMUNICATIONS
Woodburn City Council Meeting Minutes of February 27,2006.
Planning Commission Meeting March 23, 2006
Page 1 of 7
49
8D
i
PUBLIC HEARINGS
A. Conditional Use 06-01, Request for conditional use approval to establish a grocery store
business within a 2,485 square foot tenant space located in space C at 689 N. Front
Street, Abdulla Hussein, applicant.
Chairperson Lima questioned if there would be any concern on ex-parte contact or
conflict on the item.
Interim Community DeveloDment Director Zwerdlina read the appropriate ORS.
Staff Report
Associate Planner Pike-Salas submitted into the record two letters in opposition of the
proposal, Exhibit C and Exhibit D.
Associate Planner Pike-Salas presented the staff report on a powerpoint presentation.
staff r; rt for ~~~~; s;"&-01. The
rty ow r is . Charles uvain RL T.
Slide #3
The property is zoned Downtown Development and Conservation (DOC). A grocery
store, food market and food store establishment requires a conditional use approval in
the DOC zone.
Slide #4
Based on the information in the staff report, the information provided by the applicant
and the applicable review criteria, findings required to approve Conditional Use 06-01
can be made. Staff recommends approval of Conditional use 06-01 subject to conditions
of approval.
Associate Planner Pike-Salas became available for questions.
Chairperson Lima asked if the Planning Commission had questions for the staff.
Commissioner Vancil asked about the application and report submitted in reference to
the 2450 sq. ft. building size and it appearing larger and is the applicant using the entire
space.
Associate Planner Pike-Salas stated that prior to the application being submitted the
property owner came to the Planning Department showing the remodeling of the three
(3) tenant spaces. The applicant's request will be in space C (shown on slide #2).
Planning Commission Meeting March 23, 2006
Page 2 of7
50
i
Commissioner Vancil asked about parking issues.
Associate Planner Pike-Salas stated that there is not a parking requirement in the DOC.
Commissioner Jenninas asked if the wall shown on the floor plan separating the two
tenant spaces had been built.
Associate Planner Pike-Salas stated that the wall's existing and the property owner is
working on all the required building permits for occupancy.
Vice-Chairoerson Bandelow asked about the plans for the space with the roll-up door
and about inquiries for that use.
Associate Planner Pike-Salas stated that the space occupied is by Galaxy T-Shirt and
they use the roll-up door to conduct business.
Chairoerson Lima asked if there were further questions for staff.
R, app t, h~\"?'~~ i~er comments
lanning mmission.
for the applicant.
Hussein stated that he believed that having the store in that location would help with
traffic because it would provide a walking distance for the neighbors.
Commissioner Jenninas asked about the application stating a 60%-70% business use
will be as a grocery store and what the remaining percent would be.
Associate Planner Pike-Salas explained that the 60-70% would be for the grocery
portion of the site and the remaining would be for alcohol and tobacco products.
Chairoerson Lima asked if there were further questions for the applicant.
Chairoerson Lima invited proponents of the hearing item.
Tim Storm, 8551 Sleepyhallow Rd., Woodburn, OR, commented about the ten (10)
individuals mentioned who were opposing the site and not attended the meeting. He
asked if individuals listed reasons as to why the site is being opposed.
Commissioner Vancil stated that they had opposed to it by submitting a document in
writing and it is a recognized legal document. There were a listed number of reasons as
to why they were opposed to the site.
Chairoerson Lima invited opponents of the hearing with no individuals speaking against
the hearing item and closed the hearing on the item.
Planning Commission Meeting March 23, 2006
Page 3 of 7
51
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Commissioner JenninQs stated that in the WOO meeting held there was understanding
of the appropriate decision making of applications. He stated that he disagreed with the
use because of the alcohol sales, but because of conformity with the ordinance there is
nothing that states that he vote against the site.
Vice-Chairperson Bandelow stated that she disagreed with the comment of
Commissioner Jennings because it will not change the quantity of alcohol sold. It will be
more convenient. Because of the 60%-70% use being for groceries, it makes it a good
use. The concern is the litter surrounding the area. She would be voting for the
application because it meets the conditions and is an allowable use in the DOC zoned
area.
Commissioner Hutchison stated that after reviewing the staff report there is no indication
of not approving the conditional use based on the requirements. After reviewing the
letters submitted, he thought that the issues could be addressed at the City Council
level. He was in favor of the proposal.
Commissioner Griaorieff commented that there are enough downtown grocery stores
that supply liquor and consumers will make the purchases at this store or at another
regardless of location or distance. The concern about the litter in the surrounding area
should be addressed appropriately and would be pleasing to the neighborhood
residents. If the surrounding neighbors had attended the meeting, they would have
provided more in depth explanation of their concerns and could have addressed the
applicant with questions.
Chairperson Lima stated that he shared the concerns about the liquor and tobacco sales
in the downtown area. Further stated that one of the letters submitted was dated March
21, 2006 and the other was dated March 22, 2006 (Exhibits C & D). He addressed
some of the concerns such as the litter in the area and the traffic. He stated that the
concerns would not increase more than currently exists. The use would create a benefit
for the area.
Commissioner Hutchison stated that there is a precedence set on limits of money
transfers in the downtown area. He asked will there be a money transfer system set up
in the store.
Vice-Chairperson Bandelow stated that in the WOO that it is prohibited in the downtown
area to stop the proliferation of the check cashing and money transfer stores.
Vice-Chairperson Bandelow stated that the precedence was not set for grocery stores,
but for payday loans. When it was approved through the WOO, the transfers were set
with a conditional use in the CG zone such as the one located on Hwy 99 and each case
Planning Commission Meeting March 23, 2006
Page 4 of 7
52
~
would be based on an individual basis. There is not a precedence set for grocery stores
in the downtown area.
Commissioner Vancil asked about the conditional use and the application submitted.
Does the Planning Commission have the authority to vote against the conditional use
being submitted for the grocery store.
Vice-Chairoerson Bandelow stated that the grocery store is an allowable use, but needs
to be submitted for review before the Planning Commission for approval.
Interim Community Develooment Director Zwerdlina explained that the Planning
Commission has the option to place conditions of approval on the use.
Commissioner Vancil asked if it was a payday loan or money transfer store, then would
the Planning Commission review the conditional use.
ave been: pposition from the
f sto e such as 7-11.
ommlssioner e encourages the apphcan 0 reach out to the,.
neighbors because of the significant amount of individuals who expressed their opinion.
Vice-Chairoerson Bandelow moved to approve Conditional Use 06-01. Commissioner
Hutchison seconded the motion, which unanimously passed.
ROLLCALL
Chairperson
Vice Chairperson
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Lima
Bandelow
GrosJacques
Vancil
Grlgorieff
Hutchison
Jennings
yes
yes
yes
yes
yes
yes
Interim Communitv Development Director Zwerdlina commented that a Final Order for
Conditional Use 06-01, Request for conditional use approval to establish a grocery store
business within a 2,485 square foot tenant space located in space C at 689 N. Front
Street, was available for motion to accept by the Planning Commission.
Vice-Chairoerson Bandelow made a voice motion to approve the Final Order for
Conditional Use 06-01, which carried unanimously.
Planning Commission Meeting March 23, 2006
Page 5 of 7
53
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ITEMS FOR ACTION
A. Final Order for Legislative Amendment 06-01, Proposed Mill Creek Greenway
Plan. City of Woodburn, applicant.
Commissioner Vancil moved to approve Final Order for Legislative Amendment 06-01,
Proposed Mill Creek Greenway Plan, City of Woodburn; was seconded by
Commissioner Jenninas, which passed unanimously.
DISCUSSION ITEMS
A. Annual WOO Update Log
Interim Community Develooment Director Zwerdlina stated that she included an updated
list of the WOO Update Log. It is a log that keeps track of the different items that were of
interest to be added to the Woodburn Development Ordinance for the future update.
" n ~~ " a in te worked for
ilabl , one wou" on April 20th and the
ion meeti
Interim Community Develooment Director Zwerdlina stated that two hearings might be
scheduled for April 27th, so it would be a long meeting and the training could be about an
hour and a half. April 13th was too soon for the City Attorney to schedule items for a
training session. The month of May would be pushing the training too far into the future.
Interim Community Develooment Director Zwerdlina requested that each look at their
calendar and contact her about the available date.
Commissioner Vancil stated that when the Urban Growth Expansion process occurred,
several individuals showed interest about the process.
Interim Community Develooment Director Zwerdlina stated that she would confirm with
the City Attorney in regards to public notice for a training session. Also stated that the
meeting could be held at 7:00 pm on the date chosen or could start earlier if requested
and agreed upon.
REPORTS
A. Building Activity for February 2006
Chairoerson Lima stated that the amount shows a generous flow of income.
Planning Commission Meeting March 23, 2006
Page 60f7
54
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T
BUSINESS FROM THE COMMISSION
Commissioner Jenninas informed that the Woodburn Development Ordinance Update
focus group which included Cox, Christoff, Interim Community Development Director
Zwerdling and self had met and discussed the list of update items. Stated that Interim
Community Development Director Zwerdling included the parking issue, empty buildings
and concurrency, which were an addition to the list.
Commissioner Vancil requested that in the next 60 days or so, could a staff member
work with the Planning Commission in explaining the Measure 37 issue, legal issues and
impact issues and future decisions.
Interim Community Develooment Director Zwerdlina stated that the training could include
an Urban Growth Boundary and Periodic Review update and the process and Measure
37 could be added to the training with the City Attorney.
g the same type of
Oregon does not
Chairoerson Lima asked about the impacts. on transportation when an application is
submitted.
Vice-Chairoerson Bandelow explained that the control of decision-making by the
Planning Commission when considering traffic impact is a factor in the variances.
Commissioner Hutchison stated that the Measure 37 process is parallel based upon
traffic and its restrictions based on the criteria.
Chairperson Lima asked the Planning Commission about further discussion items or
other business from the commission.
ADJOURNMENT
Vice-Chairoerson Bandelow moved to adjourn the meeting. Commissioner Griaorieff
seconded the motion, which unanimously carried. Meeting adjourned at 7:45 pm.
APPROVED
CLAUDIO LIMA, CHAIRPERSON Date
ATTEST
Naomi Zwerdling
Interim Community Development Director
City of Woodburn, Oregon
Date
Planning Commission Meeting March 23, 2006
Page 7 of 7
55
l
4/6/2006
MINUTES
MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD
DATE
ROLL CALL:
STAFF PRESENT:
GUESTS:
CALL TO ORDER:
SECRETARY'S REPORT:
CORRESPONDENCE:
PUBLIC COMMENT:
DIRECTOR'S REPORT:
March 8, 2006
Mary Chadwick - Present
Yesenia Chavez - Absent
Neal Hawes - Present
Ardis Knauf - Present
Nancy Kirksey - Present
Linda Sprauer, Library Director
Vicki Musser, Recording Secretary
None.
President Mary Chadwick called the meeting to order at
7:15 pm.
The minutes of December 14, 2005 were read aloud and
approved.
None.
None.
Monthly Statistics: Statistics for the months of December
2005, January and February 2006, were placed before
the Library Board members. The last two monthly
meetings were cancelled, due the lack of a quorum.
There appears to be an unaccounted-for drop in
February's Circulation, although the number of patrons
coming to the Library remains stable at 1,709. Reference
Question statistics are also approximately the same as in
previous years.
New Board Members: The Woodburn Library Board
welcomes Nancy Kirksey to the Library Board. She will
take Position III, and her three-year term expires in 12/09.
There is the prospect of a new applicant to the Board,
who, if accepted, would take over Position VI from Ardis
Knauf. Ardis' term expired 12/04, but she has continued
to come to the monthly Board meetings until such time as
a new member could be found.
4/6/2006
PAGE 1
56
8E
i
4/6/2006
Election: The library Board voted Mary Chadwick to be
the new Board President, with Nancy Kirksey serving as
Vice President, and Yesenia Chavez continuing in the
position of Correspondence Secretary.
Activities: There were 39 children's programs in February,
with 581 total in attendance. Regular library activities
are ongoing. They include Infant-Toddler Time on
Tuesday mornings at 10:30 am, and Spanish Story time,
which has moved to 5:30 pm on Tuesday afternoons, and
is now held in the Children's Room. library story time will
continue to be held at 10:30 am on Wednesdays, and
Third Thursday Teens meets as usual in the Multi-Purpose
Room on the third Thursday of each month. Thursday,
March 2, marks the birthday of Dr. Seuss, and the library
will celebrate by presenting special story times and guest
readers all day. On Thursday, March 28 at 10:30 am,
storyteller Rick Huddle will return to the library for his
second annual children's program, to be held in the
Children's Room. Saturday at the Library continues every
Saturday in March with the Dr. Seuss video, "The Cat in
the Hat", as well as Dr. Seuss crafts, puzzles and one
special Saturday entitled, "Let's Go Campingl"
AARP has been helping people with their income
tax forms at the library every Monday through
Wednesday, as well as Saturdays, from 10-3 pm. Tax
Night will be held on April 6th from 3-$3 pm. April 7th is the
last day people can make an appointment to get their
taxes done, and AARP will conclude their tax season on
Friday, April 15.
Sering Concert Series: Sandy Kinney, library Adult
Programmer, began her first annual Spring Concert series
with the VIE Project, a Latin jazz band. The concert was
held on Sunday, March 2 at 2 pm at City Hall. It was a
great success, and the audienc enjoyed the music
presented. Glenda McLean, accordion player, will be
the featured performer at the next Spring Concert on
Sunday, April 2 at 2 pm.
Serino Break: The library will be open during Spring Break,
March 23-31 .
4/6/2006
PAGE 2
57
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4/6/2006
PC Reservation System: A PC Reservation system will be
installed on the Reference computers on March 15th. This
is a program that will manage reservation times on the
public computers with only minimal staff intervention, so
that the librarians can be utilized in more productive
ways. Other libraries have used this system successfully.
Patrons will need to bring their library cards in order to use
the system correctly. Librarians will assist patrons who live
outside of Woodburn and do not have Woodburn Library
cards.
Wireless Broadband: Wireless service will be available as
of March 15th. Patrons can bring their own computers
and use them to access the Internet inside the Library.
Staff: John Brown, Woodburn City Administrator, plans to
advertise for the position of Library Director soon. He will
work with Linda Sprauer, the present Library Director, to
advertise the position in newspapers, library journals, etc.
Linda will be retiring on June 30, 2006.
She is temporarily increasing two part-time positions to
full-time to assist in scheduling.
Volunteers of the Month: Pat Gould and Lorraine
Lauderback are the Volunteers of the Month for March.
They became Library volunteer in January 2003. They
make a dynamic team, processing holds every Tuesday.
If they finish the holds, they are also willing to shelve books
and other materials. They are extremely responsible and
reliable, and their many sterling qualities have led them
to being named joint Volunteers of the Month.
CCRLS Uodate: Linda provided the Board with a copy of
an article from the Statesman Journal. The article
indicates that Keizer's Task Force is going forward to get
their own traditional library. At present they have a
volunteer-staffed Reading Connection that provides
10,000 donated items to Keizer residents upon request.
Friends of the Librarv: Neal Hawes, Friends of the Library
President, gave an update on Friends business. The
upcoming Book Sale will be held on Friday, April 28 and
Saturday, April 29th, from 10-4 pm. On Monday, April 27-
Wednesday, April 29, Neal and other Friends will be
4/6/2006
PAGE 3
58
1
4/6/2006
holding a work party to get the books ready for the Sale.
Sandy Kinney is trying to get homeschoolers to assist.
Neal has received either commitments or money to
sponsor Music in the Park in the amount of $4,000 so far..
The two biggest sponsors, Renaissance Homes and
WAASP (Woodburn Area Association Senior Program),
have been out of town, but will return soon. Eight groups
have been selected to play during the Music in the Park
season, one of which will perform every Tuesday through
July and August. In addition, on the Fourth of July, the
234th Army Military Marching Band will perform at
Centennial Park as part of Woodburn's citywide
celebration from 7 -10 pm, after which there will be
fireworks.
There is a new City ordinance requiring us to notify
people living near the Library Park when concerts are
held. Lupita's will return as a food vendor at Music in the
Park. At present, Neal is waiting for the Parks and
Recreation Department to issue a list of approved
vendors, and then several will be invited to sell food and
beverages during the concerts.
The Friends will be holding their next quarterly meeting on
Monday, March 13, at 2:30 pm. The following meeting, in
May, will include Officer elections.
OLD BUSINESS:
None.
NEW BUSINESS:
Budaet: the City's budget process for 2006-07 has begun.
The first meeting of the Budget Committee was held on
Tuesday, March 7th. Budget Committee meetings are
open to the public. The process of deciding the budget
has been streamlined, so it does not take as long to
allocate funds. Department heads are given baseline
budgets, identical to what they worked with the previous
fiscal year. Any extra funds needed are requested on a
separate form and processed through the City
Administrator, who brings the request before the City
Council. They then meet in a series of workshops, refining
and deciding how best to use available monies.
Linda gave the Library Board an update on the Library
budget as well as a summation of the Library's mission
4/6/2006
PAGE 4
59
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4/6/2006
statement and major objectives for the fiscal years 2005-
06, and 2006-07. Nancy Kirksey requested that a copy of
the "Department Mission and Objectives" be sent to her.
Linda requested some staff changes for the upcoming
fiscal year. She is asking for one part-time Reference
position to be made full-time, and for the creation of a
part time Security Monitor. She would also to expand the
present 30 hour/week Administrative Secretary position
to full-time.
Each Board member received a copy of the 2005 edition
of the Handbook for Trustees of Oregon Public Libraries to
put in their Board notebooks. The notebooks are being
collected at the Library, so their overall information can
be updated.
Both Nancy Kirksey and Mary Chadwick, Library Board
members, will be attending OlA in Salem on April 7,
where they will learn more about Trustee responsibilities.
At the December meeting of the Library Board it was
proposed that the Library Board be reduced from 7
members to 5. The proposal was passed unanimously by
the Board, and Linda presented the request to the City
Administrator. He in turn will ask for approval from the
City Council. In addition, he is requesting that the Library
Board's student member's term be reduced from two
years to one.
Nancy Kirksey asked for an update on the dead tree, still
standing, in the Library Park. Linda has forwarded a
request to City Maintenance, asking that they take care
of it.
BUSINESS TO/FROM THE None.
CITY COUNCIL AND/OR
MAYOR:
ADJOURNMENT:
The meeting was adjourned at 8:10 pm.
Respectfully submitted,
Vicki Musser
4/6/2006
PAGE 5
60
1
SF
CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street
Woodburn, Oregon 97071
(503) 982-5250
Date:
April 3,2006
To:
John Brown. City Administrator
From:
Building Division
Subject:
Building Activity for March 2006
2004 2005 2006
Dollar Dollar Dollar
No. Amount No. Amount No. Amount
New Residence Value 13 $2,141,211 6 $969,484 12 $1.857,337
Multi Family 0 $0 0 $0 0 $0
Assisted Living Facilities 0 $0 0 $0 0 $0
Residential Adds & Alts 5 $122.664 1 $1,200 8 $223,270
Industrial 0 $0 0 $0 0 $0
Commercial Value 13 $450,247 12 $203.020 7 $202.667
Signs. Fences, Driveways 4 $23,990 4 $6,400 3 $26,000
Manufactured Homes 2 $58,000 1 $1 ,000 1 $70,000
TOTALS 37 $2.796,112 24 $1 .181 .104 31 $2,379.274
Fiscal Year (July 1- $25,422,032 $19,260,045 $29,888,074
June 30) to Date
1:\CommuMy Oevelopment'llull~lng"Bu,ldlng Activlty\BldgAcl-2006\Bldg ActiVity' Memoslactlvlty' March 2CC6:Npd
61
-
~
PLANNING PROJECT TRACKING SHEET
Revised: 4/512006
Page 1 of 3
Mail Final PC Mail Notice
Project Dale Deemed 1~y Facilities Nolic:8 10 Notice to Post Sit Rpt PC Order Final Nolic:8fo1 to Post SltRpt ce Onl. ce Onl. Appeal
Applicant Oesaiption Received Complete Data Planner Ref8naIs Meeting PC Paper Property Due Hearing Due Order ce PapelS Property Due Hearing Due Adoption Ends
CIlange Comp.
CPA ~2, Plan & zoning & Incomplete
ZC~3. conditional use
CU 04-10, Wallace lien appnwalto 10125104 11/19104 N1A Naomi 213106 2/14106
Complete
PlA lI4-OI. .. _ car 2I3Ill6
DR lI!HI3 sales at 300 S.
Woodland Ave.
Inc:ompIele 12/17105
VAR 05-11. William 3 lot partition at 05116105 0611<Ml5 Ext. to Jason 8122105 8126105
PAR CJ6.01 Coleman 715 Corby Sl Complete 6/14106
8/19r'05
DR 05-11, Construct colfIle Inc:ompIela
Nathan 0aItDn kioIIk at Mid- 10131105 Jason
VAR 05-18 VaMtay Plaza 11/21105
Construct
11,360 SF InoompIele
DR 05-13 Hays c:ommercial 11/1<U05 11130105 613106 Jason 213106 2/14106 3/24106 NA 413106 413106 4/13106
Alchiteclunl building 811539 CompIeI8
~ Ml Hood 2J3I()6
A_
Conslruct two
- buildings Inc:ompIele
DR 05-14 Guy Worden (12,050 aftotal) 1218105 B_h
lit 810 N. PIIcIIiC 1161116
Hwy.
Develop 42 lot Inc:ompIela
PUP lI!HI1 Mark Dane PUD on Lot 1 of 12m105 1125106 8/1/08 Jason 413106 417108 417106 4/17108 4/18106 4/27106
Woodburn Town Complete
Centar Plat 4130'06
Convert 1,058sf Incomplete
retall space to
DR 05-15 Carter Case restaurant use 12/29(()5 1/25106 613106 8leah 216108 NA NA NA NA
at 960 N. pacific CompIeI8
Highway 2J3I()6
co
o
PLANNING PROJECT TRACKING SHEET
Revised: 4/512006
Page 2 of 3
Mail Final PC Mail Notice
Project Date Deemed 12O-Day Facilities Notice fot NotIce to PosI Sit Rpl PC Older FmaI HoI/cefot to POIIl SIfRpt CC Ord. CC Ord. Appeal
Applicanl 0esaipII0n ReceIved Complete Dale PIa/lll8t Refenals MeetIng PC Paper Property Due Hearing Due Older CC Papers Property Due Hearing Due Adoption Ends
Conslrud a
CoIIee Cart Incomplete
DR 1J6.01 Brandi Grall (Wild Bean 2/1106 312105 7127106 Jason 3129/06 416106
Calfee, LlC) al Complete
2285 N. Pacific 3I22IIl6
Highway
CU to allow a
Abdulla food mar1le1 al
CU 1J6.01 Hussein I 689 N. Front 2/13106 2/24106 6/24/06 Breah 2/24106 312105 312106 NA 3/13106 3/16106 3123106 411010
Chattes SIr8e~ Space 6
Sauvain .C' in tile DOC
zone
CooslIucI a
3,888 square
foot dlsliIety,
DR 0lHl2 Mlhai Talvan urBit D1sIlllery, 313106 3130106 1/26106 Breah 3130106 4/13106
Inc., al1501
Industrial
Avenue in tile IF
zone.
~ Variance lei 20-
foot setback
IllQUirement
VAR 0lHl1 Wallace Lien abutting 3129106 Breah
WOIkmlIn Drive
al120
Workman Drive
Consolidate
Byron 8.293sf and
PLA 0lHl1 Hendricks 29.2648f lots at 4/.U06 Jason
1840 Newberg
Highway
City of MiO Cr8el< Complete
LA 0lHl1 ~y 1/18106 NA Naomi 2/17106 2/17106 NA 3I9/tJ6 3123IOe 2/17106 NA NA 4/24106
Woodburn Master Plan 1/16106
PLANNING PROJECT TRACKING SHEET
Revised: 41512006
Page 3 of 3
Mail Final PC Mail Notice
Project Dale Deemed l2O-Day F ac:lIIlles Nollce tot Notice to Post Stf Rpt PC Order FInal Notice tot lD Poet SlfRpt CC ORI. CC 0nI. Appeal
Applicant Desaiption ReoeIvOO Complete 08111 Planner Refen'als MeelIng PC Paper Property Due Hearing Due Order CC Papln Property Due Hearing Due Adoption Ends
UrtI8n Renewal
UrtNln 0Is1Iid John
R-' ~by Naani
Program voleni on
3/12102
LA 05-01
Peclocllc Periodic Review
Rev'" taska .. Naani 01/14105 01/14105 NlA 02103105 3/1 O/O!I NlA NlA NlA 03/2&'05
T_
eomple- complete.
tlon
i:1Commur1ity DewIlopmen~\OlhoOIPlanning C8Mlog
0\
~
WOODBURN PUBLIC LIBRARY
MONTHLY REPORT FOR JANUARY 2006
I. CIRCULATION: Previous:
Current: 11,244 2005
2004
2003
CURRENT
PEOPLE COUNT
16,333
Previous:
2005 18,365
2004 18,077
2003 18,349
12,676
13,587
12,972
In-House Use: 1,611
II. INTERLIBRARY LOAN
Books Loaned: 5,252
CCRLS: 5,251
All in-state: 1
Out-of-state: 0
Books Borrowed: 4,844
CCRLS: 4,824 All in-state: 14
Out-of-state: 6
III. REFERENCE
Woodburn Referrals Other Total
2006 487 8 571 1,066
2005 623 1 532 1,156
2004 959 39 1,121 2,119
2003
Database Usage: ~ ~ 2004
(Not all databases 885 723 714
included)
IV. COMPUTER USAGE
2006 2.QQQ ~ ~ 2005 ~
Adults 2,723 1.514 2,417 Avg/open hrs 11.74 11.00 11.14
Children: 1,012 1,083 956 Avgl open hrs 4.36 4.45 4.41
V. LIBRARY SPONSORED PROGRAMS
Adults: 0 No. Attending: 0
Children: 30 No. Attending: 544
VI. VOLUNTEER HOURS WORKED:
266.25
VII. FINANCE
$1.807.87
New Adds: 780
PATRON LOAN COUNT
11,335
JANUARY 2006
65
8H
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I. CIRCULATION:
Current: 9,865
WOODBURN PUBLIC LIBRARY
MONTHLY REPORT FOR FEBRUARY 2006
CURRENT
PEOPLE COUNT
17,409
Previous:
2005
2004
2003
10,972
13,897
11,623
Previous:
2005 16,383
2004 13,897
2003 11,623
In-House Use: 1,344
II. INTERLIBRARY LOAN
Books Loaned: 1,208
CCRLS: 1,204
All in-state: 4
Out-of-state: 0
Books Borrowed: 1,373
CCRLS: 1,358 All in-state: 9
Out-of-state: 6
III. REFERENCE
Woodburn Referrals Other Total
2006 518 11 412 941
2005 592 1 520 1,113
2004 964 53 992 2,009
2003 928 48 960 1,936
Database Usage: 2006 ~ 2004
(Not all databases 940 798 726
included)
N. COMPUTER USAGE
2006 2005 2004 2006 ~ 2004
Adults 2,647 2,329 2,411 Avg/open hrs 11.92 10.49 10.22
Children: 921 955 956 Avgl open hrs 4.15 4.30 4.05
V. LIBRARY SPONSORED PROGRAMS
Adults: 0 No. Attending:
Children: 31 No. Attending:
o
518
VI. VOLUNTEER HOURS WORKED:
237.25
VII. FINANCE
$14,650.20
PATRON LOAN COUNT
8,852
New Adds: 469
FEBRUARY 2006
66
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WOODBURN PUBLIC LIBRARY
MONTHLY REPORT FOR MARCH 2006
I. CIRCULATION: Previous:
Current: 12,075 2005
2004
2003
10,642
12,826
13,413
CURRENT
PEOPLE COUNT
21,315
Previous:
2005 19,537
2004 17,403
2003 13,916
In-House Use: 1,616
II. INTERLIBRARY LOAN
Books Loaned: 942
CCRLS: 940
All in-state: 2
Out-of-state: 0
Books Borrowed: 905
CCRLS: 888 All in-state: 17
Out-of-state: 8
III. REFERENCE
Woodburn Referrals Other Total
2006 627 6 497 1,130
2005 710 1 618 1,329
2004 844 50 1,233 2,127
2003 1,097 48 1,222 2,367
Database Usage: 2QQ2 ~ 2QQ.4
(Not all databases 1,155 801 893
included)
IV. COMPUTER USAGE
2006 2QQ.Q 2mM ~ 2005 2mM
Adults 3/1-3/1 1,480 2,736 2,746 Avg/open hrs 11.42 11.12 8.53
3/16-3/30 2,460 1,016 1,260 18.90 N/A N/A
Children: Avg/ open hrs 4.61 4.13 4.07
V. LIBRARY SPONSORED PROGRAMS
Adults: 1 No. Attending:
Children: 31 No. Attending:
34
523
VI. VOLUNTEER HOURS WORKED:
232.5
VII. FINANCE
$1,652.86
PATRON LOAN COUNT
11,227
New Adds: 108
MARCH 2006
67
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April 10, 2006
FROM:
Honorable Mayor and City counci~/
John C. Brown, City AdministratorP
TO:
SUBJECT:
Union Pacific Rail Line Crossing Agreement
RECOMMENDATION:
Accept the report.
BACKGROUND:
On January 23, 2006, the City Council authorized me to execute a pipeline
crossing agreement with Union Pacific Railroad (UP). Council approved, based
on staff's recommendation, a provision that plans might be altered to include
construction of a safety manhole in the agreement. Material presented to the
Council indicated UP's processing cost for the license is $2,400.
DISCUSSION:
A safety manhole was, in fact, included in the agreement. According to UP's
contracts manager, this prompted a greater degree of analysis on UP's part,
and increased the license cost from $2,400 to $3,400. UP forwarded the
agreement to me for execution; the agreement will be effective when the fee is
paid.
To move the project forward, I executed the agreement, and have authorized
payment of the $3,400 license fee.
Agenda Item Review: City Administrator
City Attorney _
Finance
68
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PF_C~, ~_ ~ \,!E r-'i
--/fN 13, t~4 P(
March 9. 2006
Folder: 02321-68
JOHN BROWN
CITY OF WOODBURN
270 MONTGOMERY ST.
WOODBURN OR 97071
Re: Proposed 24 Inch Storm water Pipeline Crossing of Railroad Property at Mile Post 734.93 on the
Brooklyn Subdivision/Branch at or near Woodburn. Marion County. Oregon
John:
Attached are duplicate originals of an agreement covering your use of the Railroad Company's right of
way. Please execute or arrange for execution of the attached document and have the signatures witnessed
or attested. as indicated. Please RETURN ALL COPIES of the document for execution on behalf of the
Railroad Company in the enclosed self-addressed envelope. Your copy of the fully-executed document
will be returned to you, if approved by the Railroad Company. Also. please provide a resolution or other
authorization for the party executing the documents, and Insurance Certificates. as required hy the
agreement.
Also attached is Contractor's Right of Entry Agreement which must he executed and returned in
accordance with the attached agreement. if work is to be performed by a contractor.
IV-
Payment in the amount of Three Thousand Four Hundred Uollars ($3,400.00) is due and payable upon
your execution of the agreement. Please include your check. with Folder No. 02321-68 written on the
front. made payable to Union Pacilic Railroad Company. with the return of the documents. This
agreement will not he accepted by the Railroad Company until the initial payment is received and all
Insurance Certificates are in proper form. If you require formal billing, you may consider this letter as a
formal bill. In compliance with the Internal Revenue Service's policy regarding Form 1099. I certify that
94-()OOI323 is the Railroad Company's correct Federal Taxpayer Identi Iication Number and that t inion
Pacific Railroad Company is doing business as a corporation.
* f~~
) I'
I, J( I",'" i...:~ '-, (''''1
t, '7
t; ,,' I) t)
.-./ t'" ·
R~.I hl.l~
1"000,; "~4 IIle 1C~1l1C1I~1'
Illl', 1',. lo',il. ,"..1 .1"1' :',1'1
ll;lIll\1 '. (", t 1>,-\1
I . , I I . r I 'f ~ l' I
69
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1
The excavation will require shoring according to our guidelines. Shoring must be designed, checked
and stamped by . professional engineer licensed by the State of Oregon. Shoring design and
calculations must be submitted for review and approval. UP's shoring guidelines are enclosed.
As an additional note, the casing and carrier pipe must be placed a minimum of two (2) feet below any
existing fiber optic cable. Any excavation required within five (5) feet of an existing fiber optic cable
must be hand dug.
All future insurance notices should be forwarded to:
Union Pacific Railroad Company
Folder No. 02321-68
1400 Douglas Street STOP 1690
Omaha, NE 68179-1690
If you have any questions, please contact me at (402) 544-8563.
turs truly, ~
~ViSh
Manager - Contracts
70
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WQODBU~N
I.,.".,.,.J ,..,
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March 29, 2006
TO:
FROM:
Honorable Mayor and City Council
N. Robert Shields, City Attorney f'/A....- S
IIHousekeeplng" Amendment to Business Registration Ordinance
SUBJECT:
RECOMMENDATION:
It is recommended that the Council adopt the attached ordinance.
BACKGROUND AND DISCUSSION:
At your last meeting on March 13, 2006, the City Council adopted a new
business registration ordinance. The new ordinance (Ordinance 2399) replaced
an older version (Ordinance 2055) and is, in all respects, a much improved
document. However, the new ordinance did not specifically repeal the old
one.
While a court would probably find that the older ordinance was repealed lIby
implication," the better practice is to specifically repeal the ordinance. To
accomplish this, the ordinance before you tonight makes a lIhousekeeping"
amendment to Ordinance 2399 adding a new section which repeals Ordinance
2055. Since this amendment should be accomplished before the effective date
of Ordinance 2399, an emergency clause was added to the amending
ordinance to make it effective immediately.
FINANCIAL IMPACT:
None.
Agenda Item Review: City Administrator _
City Attorney
Finane
71
1
COUNCIL BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE 2399 (THE BUSINESS REGISTRATION
ORDINANCE) TO ADD A REPEALING CLAUSE AND DECLARING AN EMERGENCY.
WHEREAS, the City Council recently passed ordinance 2399, which clarified
and streamlined the business registration process; and
WHEREAS, the Council, by implication, repealed Ordinance 2055, the former
business registration ordinance; and
WHEREAS, the Council wants to specifically repeal Ordinance 2055, the
former business registration ordinance, in order to clarify its legislative record; and
WHEREAS, this legislative clarification can be accomplished by adding a
repealing clause to Ordinance 2399; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Ordinance 2399 is hereby amended to add a new section,
Section 17 A, to read as follows:
Section 17 A. Ordinance 2055, the former business registration
ordinance, is hereby repealed.
Section 2. This ordinance being necessary for the immediate preservation of
the public peace, health and safety so that the intent of the City Council can be
clarified before Ordinance 2399 goes into an effect, an emergency is declared to
exist and this ordinance shall take effect immediately upon passage by the Council
and approval by the Mayor.
Approved as to form: q;, 'f'o-~
City Attorney
? I ~q /Z~D6
Dale
Approved:
Kathryn Figley, Mayor
Page 1 - COUNCIL BILL NO.
ORDINANCE NO.
72
1
Passed by the Cou ncil
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant City Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO.
ORDINANCE NO.
73
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WOODBU~N
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March 31, 2006
TO: Honorable Mayor and City Council through City Administrator
FROM: Randy Scott. Senior Engineering Technician through the Public1,(?S ~
Works Director .
SUBJECT: Authorization to Prepare an Engineering Report on Tout Street
RECOMMENDA liON:
It is being recommended that the City Council pass the attached Resolution
directing the City Engineer to prepare an engineering report to be used for
initiating a Local Improvement District on Tout Street.
BACKGROUND:
Tout Street is currently unimproved gravel surface that provides no defined
travel lanes, no curb or sidewalks. The street will be improved to provide for
safer vehicle and pedestrian traffic. Tout Street is identified in the current
budget as a public works capital improvement project for funding during the
fiscal year 2006/2007.
DISCUSSION:
Ordinance No. 2105 outlines the procedures for local improvements and special
assessments. The ordinance stipulates improvements can be initiated by the
City Council when the Council considers it necessary to require the
improvements. The procedure requires that prior to the initiation of the local
improvement district the Council shall direct the City Engineer to make a survey
of the improvement and present a written report.
The resolution being presented will direct the staff to prepare an engineering
report in accordance with Ordinance No. 2105. The report will include the
district boundary; preliminary plans and estimates, including estimated legal
and administrative costs and the proposed method of cost distribution.
Agenda Item Review: City Administrat
City Attorney;
74
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Honorable Mayor and City Council
March 31 , 2006
Page 2
.
.
If after review of the engineering report, Council elects to initiate the local
improvement district, the resolution of intent to construct the project would set a
public hearing to receive input from the affected property owners.
FINANGIAL IMP ACT:
There is no significant financial impact by the recommended action other than
staff time for such action.
75
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COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION DIRECTING THE CITY ENGINEER TO PREPARE AN ENGINEERING REPORT
FOR STREET IMPROVEMENTS ON TOUT STREET FROM SOUTH FRONT STREET TO SETTLEMIER
AVENUE.
WHEREAS, the City Council considers the street improvement on Tout street to be
necessary and beneficial; and
WHEREAS, Tout Street is identified in the current budget as a Public Works Capital
Improvement Project for the fiscal year 2006/2007; and
WHEREAS, a portion of the cost associated with this improvement project may be
allowed to be assessed against the benefited properties; and
WHEREAS, only benefited properties as determined by the City Council after public
input and after passage of the appropriate ordinance will be subject to said
assessment; and
WHEREAS, the City Council has established procedures for the assessment process
by Ordinance No. 2105; NOW THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
The City Engineer is directed to prepare an Engineer's Report in accordance with
Ordinance No. 2105 regarding street improvements on Tout street from South Front
Street to Settlemier Avenue.
Approved as to form: ~. ~ ~
City Attorney
'1f?/ZOOb
Oat /
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, Recorder
City of Woodburn, Oregon
76
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WO'ODBURN
l.r.".'.r'~ fl"
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April 5, 2006
TO: Mayor and City Council through City Administrator
FROM: Scott D. Russell, Chief of pOlice~
SUBJECT: Resolution of Support for Marlon County Interagency
Methamphetamine Drug Task Force
RECOMMENDATION:
It is recommended the City Council authorize the mayor to sign the resolution.
BACKGROUND:
Methamphetamine abuse continues to be a causal factor of much of the crime
occurring in our community. For more than five years, the Woodburn City
Council and the Woodburn Police Department have participated in programs,
efforts, and events designed to prevent, reduce, and mitigate the effects of
Methamphetamine use in our community. From 1999 thru 2003, the City
participated in a regional drug team (MAGNET) that targeted street level
narcotics crime and was funded in part by federal funds in the form of High
Intensity Drug Trafficking Area (HIDT A) moneys. In 2003, by federal mandate
HIDT A funds were redirected to target larger drug trafficking organizations and
away from street level narcotics investigations.
Given the federal mandate, local involvement in such a team could no longer
be justified and the MAGNET street level team ceased to exist. Since that time
some agencies in the county have created local drug enforcement teams to
combat the Meth problem and drug enforcement continues to be a key
strategy in attacking the problem of Meth. The Governor's Blue Ribbon Task
Force on Meth along with the Marion County District Attorney's Office are
proposing greater consolidation and coordination of the these teams and of
county wide efforts in drug enforcement.
DISCUSSION:
The Governor's Blue Ribbon Taskforce on Methamphetamine is made up of
legislators, law enforcement, and community members who are working to
Agenda Item Review: City Administrato
City Attorney
Financel
77
i
Mayor and City Council
April S, 2006
Page 2
.
.
design and implement solutions to the Meth issue that, once successful, can be
replicated throughout the state. Locally, Sheriff Ramirez, State Senator Jackie
Winters, and Craig Christoff of the Woodburn Meth Taskforce are members. The
taskforce has asked the Marion County District Attorney's Office to develop a
plan to enhance enforcement of Meth offenses in the county. To that end, the
District Attorney has developed a proposal to do the following: consolidate
existing drug teams, enhance the levels of drug enforcement within the entire
county, to provide prosecution resources to support increased enforcement,
and providing adequate jail space for sanction. Accomplishing these goals will
require additional funding. The Blue Ribbon Taskforce is seeking support to try
and obtain these funds. The cities of Salem, Keizer and Woodburn, as well as
Marion County, have been asked to participate in efforts to obtain additional
funds and work with the new drug team.
The cities of Salem and Keizer have both passed similar resolutions of support as
both have street level drug teams. The Woodburn Police Department and the
Woodburn City Council chose a different approach with the creation of the
Community Response Team. The CRT is not a drug team, they are responsible
for everything from street crimes to Gang Enforcement, neighborhood problem
resolution, community policing, crime prevention, and assisting detectives on
major persons crime. Only a very small part of what they do is drug
enforcement. They are often deployed to resolve criminal problems in business
districts as well as residential neighborhoods. CRT has already made a major
impact in responding to neighborhood and business district issues. CRT has
been working cooperatively with the Marion County Sheriff's Office Street
Crimes Unit on drug issues and will continue to work with any interagency drug
team as resources allow.
However, given the eclectic nature of CRT's mission, it would be very difficult to
assign one or both of them full time to an interagency team without it directly
impacting day-to-day police operations. If additional funding could be
identified by the taskforce, we would certainly recommend support of
additional staff for the interagency drug team. We have shared our situation
with the District Attorney's Office and they assure us that they do not wish to
reduce local resources and efforts, only to enhance them. This resolution merely
states that we support their efforts to gain resources for these efforts and will
work with such a team.
FINANCIAL IMP ACT:
None.
78
1
COUNCil Bill NO.
RESOLUTION NO.
RESOLUTION SUPPORTING MARION COUNTY INTERAGENCY METHAMPHETAMINE
DRUG TASK FORCE
WHEREAS, Methamphetamine use is having a substantial negative impact
on the quality of life in Marion County; and
WHEREAS, Methamphetamine is devastating children and families in
Marion County; and
WHEREAS, the substantial negative impact of Methamphetamine use
crosses all social, economic, educational, municipal, and ethnic boundaries;
and
WHEREAS, the City of Woodburn has sought solutions to
Methamphetamine use through public education, and advocating for
prevention, intervention, and treatment of those addicted to Meth; and
WHEREAS, the Methamphetamine use within Marion County is being
fueled by Methamphetamine dealers and Methamphetamine dealers do not
recognize traditional law enforcement jurisdictional boundaries within Marion
County; and
WHEREAS, there are currently a number of law enforcement teams in
Marion County attempting to deal with Methamphetamine use and sales and
leveraging of these resources, and the focusing of the individual drug team's
efforts will result in a reduction of the Methamphetamine use and sales within
Marion County; and
WHEREAS, the Marion County District Attorney's Office is forming a
Methamphetamine drug task force to achieve this result, and has asked our city
to work with this new task force; and
WHEREAS, Woodburn believes that this new task force can serve to
reduce the Methamphetamine use and sales in Marion County, and thus
benefit the residents of our city/county; NOW THEREFORE,
Page 1 - COUNCIL BILL NO.
RESOLUTION NO.
79
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1
THE CITY Of WOODBURN RESOLVES AS FOLLOWS:
Section 1. The City of Woodburn hereby resolves to work with the new
interagency Methamphetamine drug task force.
Section 2. The City resolves to continue to advocate for solutions to the
problem of Methamphetamine abuse in the areas of education, prevention,
intervention, treatment, and enforcement.
Section 3. The City supports the efforts of State Senator Jackie Winters,
and others, to obtain funding to support the creation of this task force.
Approved as to form:
City Attorney
Date
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant City Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO.
RESOLUTION NO.
80
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WOOD~u~N
1"",.,4,,/ 1669
~~llD
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April 4, 2006
TO:
FROM:
SUBJECT:
Maybr and City Council through City Administrator ~ ~
Randy Rohman, Public Works Program Manager~ ~
Acceptance of Proposal for Wastewater Treatment Plant
Temperature and Winter Ammonia Reduction Alternative Selection
RECOM-MENPATIQN:
It is recommended the City Council accept the proposal of CH2M Hill Inc. for
wastewater treatment plant temperature and winter ammonia reduction
alternatives evaluation and selection and authoriZe the City Administrator to
execute an agreement with CH2M Hill Inc. in an amount not to exceed $49,994.
BACKGROUND:
The City's National Pollutant Discharge Elimination Permit System (NPDES) permit
that was renewed in December 2C04 included new limits for excessive thermal
load and ammonia-nitrogen that were designed to address Pudding River water
quality concerns. The permit also places target dates for accomplishment of
certain activities to reduce the thermal and ammonia loading to the river.
As stipulated in the NPDES permit the City, on December 31, 2005, submitted to
the Department of Environmental Quality an evaluation of several potential
alternatives to meet both temperature and winter ammonia limits. The City must
now select the best combination of these altematives in order to prepare
engineering plans and specifications. A budget level cost estimate Is required
for the recommended combination of alternatives so the City can determine
funding needs for final design and construction.
The City requested Requests for Proposal for professional engineering services to
accomplish required wastewater treatment plant temperature and winter
ammonia reduction alternatives evaluation and selection including budget
level cost estimates. Proposals were received by 1 :30 p.m. on March 23, 2006.
ProposalS were received from CH2MHiII and Brown and Caldwell.
Agenda Item Review: City Administrator.
City Attomey _
Finance
81
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Mayor and City Council
April 4, 2006
Page 2
.
.
DISCUSSION: A City selection review committee met on March 31, 2006 and
reviewed the two proposals in accordance with the requirements of the City
Request for Proposal. After a thorough review it was determined that the
proposal from CH2MHIII scored highest on the listed evaluation criteria and that
the selection of CH2MHilI would be recommended to City Council.
CH2MHill will be required to complete the required plant temperature and
winter ammonia reduction altematives evaluation and selection by July 28, 2006
to allow work to begin on plans and specifications that are required to be
complete by December 31, 2006.
Staff recommends that the City Administrator sign a professional services
agreement with CH2MHiII for a not to exceed cost of $49,994 for wastewater
treatment plant temperature and winter ammonia reduction altematives
evaluation and selection.
FINANCIAL IMPACT:
There was $50,cxx) budgeted in the 2005-2CXJ6 Wastewater Treatment Plant
Construction Fund and Technical and Environmental Fund budget for
completion of temperature and ammonia altematives evaluation.
82
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'm; ,
WOODBURN
1":lIrr~'a'tJ IS"
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April 5, 2006
TO:
Mayor and City Council through City Administrator
FROM:
For IThru:
Thomas P. Tennant, Captain
Scott D. Russell. Chief of Police ~
Uquor Ucense - New Oulet
SUBJECT:
RECOMMENDATION:
The Woodburn City Council recommend that the Oregon liquor Control
Commission approve a liquor license application for La Azteca.
BACKGROUND:
Ownersl Managers:
Paniagua Garcia, Jose Omar
12549 McKee School Rd
Woodburn, Or. 97071
Ph: 503-989-5054
Applicant Name:
Tienda Mexicana La Azteca Inc.
DBA/ La Azteca
153 Grant St.
Woodburn, Or. 97071
Ph: 503-981-1173
License Type: Off-Premlses- Permits beer, wine and cider sales for off-premises
consumption only.
,
/
Agenda Item Review: City Administrat
City Attorney
83
1
Mayor and City Council
April 5, 2006
Page 2
.
.
On March 12, 2006 the Woodburn Police Department received an application
requesting approval for an off- premise license for La Azteca.
La Azteca is a new outlet application, it will be a small grocery store located at
153 Grant St.
La Azteca opened in November of 2005 and operates from 9:00 am until 10:00
pm daily, the business will be open 7 days a week. La Azteca will be selling beer
and wine for off-premise consumption and is presently operating on a
temporary liquor license issued through OLCC. The police department has
received no communication from the public or surrounding businesses in support
of or against the application.
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 owners and no offenses that would
preclude a license being issued or items of a questionable nature were located.
The applicant states that they are seeking to sell unopened bottles of beer and
wine to their customers. Under the criteria identified by the OLCC and adopted
by the City Council I find no reason not to recommend that council recommend
to OLCC approval of the application.
FINANCIAL IMP ACT:
None
84
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MAR10m
Ob- ~z.'?\
PAlO
~ 4 CC/11Pki 111'0
I) ),,-!3-0(
UCENSE TYPES
o Full On-Premlses Sales ($402.6OJyr)
o Commercial Establishment
a Caterer
a Passenger Carrier
o Other Public location
a PrIvate Club
a Umlted On-Premlses Sales ($202.6QIyr)
.... Otf-Premlses Sales ($100/yr)
[J with Fuel Pumps
a Brewery PubUc House ($252.60)
o WInery ($2501yr)
o Other:
Applytn9 as:
OlndMduals
FOR COY AND COUNTY USE ONLY
The city councU or county commission:
o Change Ownershtp
)(New Outlet
o Greater Prtvllege
a Addltlonat Privilege
a Other
(MIM of dtt or county)
recommends that this license be:
Granted a
Denied a
By:
(sIpbn)
Name:
TlUe:
(dIM)
[J limited )( Corporation a limited UablUty
PartnershIp Company 9O-day authority: a Yes a No
1. Appllcant(s}: [See SECTION 1 of the Guide]
(j)T~~(\t\QI ~<.i:.<4""" Lei ~"t.t<t~ "& "c...
CJl
2. Trade Name (dba): L Q ~ z.\--e La'
3. Business Locatlon:_t S ~ C.?n3"'~ S\-. Woo~",", MQ'f~\)\" tJW"t.~~~ tlf. t:)i-\
(numtiir. nnI route) (efty) (county) (state) (ZiiI'COde)
4. Business Mailing Address: 153 Gr....cr'f\A. $\-. \JJ O~~'=>~ D'rc~ ~
(PO box. number. street, rural route) (city) (state) (ZIP code)
5. Business Numbers:\..'5~~) ~ ~ \ - lif'
(phone)
6. Is the business at this location currently licensed by Olee? OYes ~o
7. If yes to whom: \\ 1Pc- Type of ~se:~
8. Former Business Name: :I'"~")(... D"rv'\.~-r ? ~ ~1.7a'j~..:.a
OLCC ~I!~
~~~ ~
~
(I)
(fax)
9. Will you have a manager? aVes KNO Name:
(manager nut III O\t ... individual history fonn)
10. What Is the local governing body where your business Is located? vJ 0 '\) d.\o~~ V\.
(name of city or county)
11. Contact person for this appllcatlon:.:r OS~ 0 V\'\. ~ Va '1\:"3 0 ~ 4! l '=' 0-;>\ t:l ~ J - '5" t> 5 L.f
(name) "- ~be (~ _ C"M 1.4)
11.. S 4 ~ ~LK.<'~ SL\,,,~;:)\ t,:L\. \.)J~..I~r'\J oq ~"}. 0'1-\ DO~,^~~~<.J'\ '.1..0.... ~ }t4\..OO'L
(address) . (faX numberf 'l'(e-mal ad....).
I understand that If my answers are not true and complete, the OLCe may deny my license application.
Appllcant(s) Slgir~) ~nd Date:.
(j)~ ~ Date1.-I~'-o'~ Date
~ Dme (I) D~e
1-800-452.QLCC (6522)
www.o/cc.state.or.us
85
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April 5, 2006
TO:
Mayor and City Council through City Administrator
SUBJECT:
Thomas P. Tennant, Captain
Scott D. Russell, Chief of Police ~
Uquor Ucense - Change Ownership
FROM:
For/Thru:
~:
The Woodburn City Council recommend that the Oregon Liquor Control
Commission approve a liquor license application for Roadrunner V Woodburn.
BACKGROUND:
Owners/Managers:
Laughlin, Charles J.
231 Manzanita St
McMlnnvllle, Or. 97128
Ph: 503-472-7215
Applicant Name:
L&L Convenience LLC
DBA/Roadrunner V Woodburn
850 Lawson Ave
Woodburn, Or. 97071
Ph: 503-982-2131
License Type: Off-Premises With Fuel Pumps
- Permits beer, wine and elder sales for off-premises consumption
only.
Agenda Item Review: City Administrat
City Attorney _
Finane
86
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Mayor and CI1y Council
April 5, 2006
Page 2
.
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On February 20,2006 the Woodbum Pollee Department received an application
requesttng approval for an off- premise license for Roadrunner V Woodbum.
Roadrunner V Woodbum Is a change of ownership application It will replace the
Woodbum Exxon Station at 850 Lawson Ave.
The Business will operate 7 days per week. presently the business Is open from
6:00 am until 10 pm but plans on being open 24 hrs a day within the next 60
days. Roadrunner V Woodburn will be selling beer and wine for off-premise
consumption. The pollee department has received no communlcatton from the
public or surrounding businesses In support of or against the application.
QISCVHIOti:
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 questtonable nature were located.
The applicant states that they are seeking to sell unopened boffies of beer and
wine to their customers. Under the criteria Identified by the OLCC and adopted
by the City Council I find no reason not to recommend that council recommend
to OLeC approval of the application.
FINANCJAlIMPACT:
None
87
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PA1U 115 "..
OtlEGON LIQUOR CONTROL COMMISSION
LIQUOR LICENSE APPLICATIC N
PLEASE PRINT OR TYPE
Application is beinO made for.
LICENSE TYPES
Q Full On-Premises Sales ($402.6OIyr)
a Commercial Establishment
Cl Caterer
a Passenger Carrier
a Other Public Location
a Private Club
a limited On-Premises Sales ($202.60lyr)
1i Off-Premises Sales ($1001yr)
13 with Fuel Pumps
a Brewery Public House ($252.60)
a Winery ($25OJyr)
a Other:
ApplyinO as:
a Individuals a Umited
Partnership
8
FEe 20 III
Ow .4'51(.
ucl"'....nl~.,
. .- ~ OUNTY USE ONLY
The city council or county commission:
ACTIONS
~ Change Ownership
a New Outlet
a Greater Privilege
a Additional Privilege
a Other
(name of cIly or CCUIty)
recommends that this license be:
Granted a
OeniedCl
By:
(signature)
Name:
Title:
(date)
a Corporation
jiiI Limited Liability
Company
OLCC~EL
,\~~~ ~
Date:
9O-day authority: lJ Yes lJ No
1. Applicant(s): [See SECTION 1 of the Guide)
(j) /.. 1- J... eo n tf.t. YI /" n (. 'L At.G ~
~ ~
2. Trade Name (dba): Ii vad I'( U rJ 11 l.~ V
3. Business Location: rSo ~a W.\a 1'\ 111"0{.,
(number, street, "...1 route)
4. Business Mailing Address: f1 If ~ oY 7 b "1
(po box, number, street, rural route)
5. Business Numbers: (03 ./ ? r ~ .;.. J I J I
-
(phone)
6. Is the business at this location currently licensed by OlCe? .Yes .QJNo
aI,' '"# 6 H AU'
7. If yes to whom: ".." I- Type of license:
8. Former Business Name: E)t Ie' 0 n 0 of W<J II J h If t ~
V tJ (J d h ar h..-
9Jlo()j~rrv fnM}QY& ClIt
(city) (county) (state)
~1 t/ /t '/1 J1 1/// /6L tJl /{
(city) (state)
5" J J ? r-j -
(fax)
97871
(ZIP code)
97/2Y
(ZIP code) .
:J./~So#
g () f(lo.t-
oS9 I'rijtl,'S(j
9. Will you have a manager? lOYes [JNo Name: f k -I. /J ;i1, '/ / ,L t1
(manager must fill out an Individual history fann)
10. What is the local governing body where your business is located? W~ 0 Jh41 (I. )1Qr,'() n
e (name of city or county) . .
11. Contact person for this application:
f Ol3dV /v7 v~(~a" ~
(address) (fax number) (e-m H address)
I understand that If my answers are not true and complete, the OlCC may deny my license application.
APP~/JS~ ,na,.~)_ andJ8Je:
CD ~ f Date /_?/)o#~ <3> Date
~ D~ ~ D~
1-800-452-0LCC (6522)
www.olcc.state.or.us
88
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t",orporaltd 1889
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April 4, 2006
TO: Mayor and City Council through City Administrator
FROM:
Randy Scott, Senior Engineering Technician, through the Public (]AD
Works Director ~
SUBJECT: Contract Award for Street Resurfacing Improvements
RECOMMENDATION:
Award the construction contract to the lowest responsible bidder, Parker
Northwest Paving for resurfacing Improvements to various streets in the amount
of $ 252,604.90.
BACKGROUND:
The contract is in conjunction with Project No. 2006-002-36, Bid No. 2005-15 for
resurfacing of Blaine Street, McKinley Street, Bryan Street, Tomlin Avenue,
George Street and landau Drive. The project consists some subsurface utility
repairs, street surface repairs for areas of failure and placement of 1 %"
asphaltic concrete wearing surface.
Staff received seven qualified bids as listed below
l.
2.
3.
4.
5.
6.
7.
Parker Northwest Paving
Roy l. Houck Construction
D & D Paving
Brix Paving
Salem Road & Driveway
Morse Bros.
North Santiam Paving
$252,604.90
$281,722.00
$288,321 .25
$291 ,026.01
$298,180.30
$304,502.00
$309,633.60
Engineers Estimate $293,630.00
The low bidder is approximately 14% below the engineers estimate. therefore
staff is recommending the contract be awarded.
DISCUSSION:
City Attorney _
Finane
Agenda Item Review: City Administrato
89
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Mayor and City Council
March 28, 2006
Page 2
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All of the above resurfacing projects are identified in the 05/06 fiscal year
Capital Improvement Program of the City.
FINANCIAL IMPACT:
The project will be funded using approved resurfacing/maintenance budgeted
funds
90
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March 28, 2006
TO: Mayor and City Council through City Administrator
FROM:
Randy Scott, Senior Engineering Technician, through the PUb~~
Works Director {~. .
~
SUBJECT: Contract Award for Street Resurfacing Improvements
RECOMMENDATION:
Award the construction contract to the lowest responsible bidder, D & D Paving
for resurfacing Improvements to various streets in the amount of $ 203,633.50.
BACKGROUND:
The contract is in conjunction with Project No. 2004-014-29, Bid No. 2005-10 for
resurfacing of South Woodland, West Lincoln, Santiam Drive and City Hall
Parking Lot. The project consists of surface repairs for areas of failure and
placement of either a 1" or 1 ~" asphaltic concrete wearing surface.
Staff received a total of 6 qualified bids as listed below
1.
2.
3.
4.
5.
6.
7.
D & 0 Paving
Roy L. Houck Construction
Parker Northwest Paving
Morse Bros.
Brix Paving
Salem Road &. Driveway
North Santiam Paving
$203,633.50
$217,452.75
$218,748.00
$238,004.00
$250,385.11
$250,872.50
$256,380.50
Engineers Estimate $219,539.50
The low bidder is 7% below the engineers estimate, therefore staff is
recommending the contract be awarded.
Agenda Item Review: City Administrator _
City Attorney
Finance
91
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Mayor and City Council
March 28, 2006
Page 2
.
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DISCUSSION:
All of the above resurfacing projects were either identified in the 04/05 or 05/06
fiscal year Capital Improvement Program of the City. Generally, postponement
of a project is done due to subsurface improvement need of utilities.
FINANCIAL IMPACT:
The project will be funded using approved resurfacing/maintenance budgeted
funds
92
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WQODBU~N
lo'.".r.,.d /889
111
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April 6, 2006
TO: Honorable Mayor and City Council through City Administrator
FROM: David TOrgeSon~t City Engineer through Director ot Public rftQ)
Works ~.-#>
SUBJECT: Settlemler Park Electrical Upgrade - Phase 1
RECOMMENDATION:
Award contract for Settlemier Park Electrical Upgrade - Phase 1, Bid No. 2006-18,
to lowest responsible bidder, Kerr Contractors, in the amount of $32,000.00.
BACKGROUND:
This project principally addresses code deficiencies in power supply to the
Settlemier Park restroom, restores operation of two security lights near the skate
park, and makes some provisions for future changes to lighting at the softball
field. All substandard electrical service components are intended to be
corrected, beginning with the elimination and removal of the violations. A
further upgrade of the main panel is scheduled for October 2006. The restroom,
Chemical Separation Building, ball field, and Aquatic Center are supplied from
the main panel.
The engineer's estimate was $28,900. Bids were opened on April 5, 2006. Results
are as follows:
Kunert Electric
Stadeli Underground
Boede Construction
Frahler Electric
Kerr Contractors
$68,488.00
$48,816.00
$42,750.00
$36,907.00
$32,000.00
The apparent low bidder is Kerr Contractors, in the amount of $32,000.00
Agenda Item Review: City Administrat
City Attorney
Finane
93
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Honorable Mayor and City Council
April 6, 2006
Page 2
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DISCUSSION:
The temporary overhead line has supplied power to the park restroom since an
interruption to the underground service occurred during construction of the
skate park. A new connection will be made at an unused circuit in the
Chemical Separation Building. 480 volts will be transmitted to the restroom,
where a step-down transformer will provide 240/120 Volt power.
City has received very good competitive bids. The project will be completed
within 30 days after Notice to Proceed is given - anticipated to be before
May 1, 2006.
FINANCIAL IMPACT:
$40,000 was budgeted in the current fiscal year from the General Fund CIP for
electrical work at Settlemier Park and the Aquatic Center. The outcomes of the
approved projects are interrelated, and $32,000 expended on this project will
still allow balance of $8,000 for sub-panel work in current fiscal year.
94
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WQODBURN
'.,0'1'",4ul 1889
llJ
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AprillO, 2006
FROM:
Honorable Mayor and City counc~l~
John C. Brown, City Administrato~'
TO:
SUBJECT:
ODOT Intergovernmental Agreement for Interchange Funding
RECOMMENDATION:
It is recommended the City Council authorize the City Administrator to execute
an interchange funding agreement with the Oregon Department of
Transportation.
BACKGROUND:
A copy of the attached agreement was discussed at your March 13, 2006
meeting. Staff worked with the Oregon Department of Transportation (ODOT)
for the past year to develop the agreement. Negotiations arose from ODOT's
concerns regarding the City's draft Transportation Systems Plan (TSP), and
whether the interchange improvements could be considered, pursuant to the
State Transportation Planning Rule, a "planned" facility. ODOT can recommend
approval of the TSP if a funding plan for interchange improvements is
established. ODOT will consider a funding agreement between our
organizations sufficient to meet the definition of a funding plan. If the project
were not considered a "planned" facility, that decision would have the effect of
blocking the expansion proposed in our urban growth boundary proposal.
DISCUSSION:
ODOT will consider the interchange a planned facility if a funding agreement is
reached between our two agencies. Because of uncertainties regarding the
funding sources, agreement was reached on an IGA that specifies total
obligation but leaves sources to be determined.
Under the agreement, the City's share of interchange improvements is $8 million.
All other costs are ODOT's responsibility. The requirement for a City share reflects
Oregon Transportation Commission policy that localities bear a share of cost of
Agenda Item Review: City Administrator _
City Attorney _
Finane
95
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Honorable Mayor and City Council
April 10, 2006
Page 2
.
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highway improvements benefiting their communities. Of the City's $8 million
share, the agreement credits the City for $2.5 million spent by the City to acquire
the Zimmel property for interchange right of way.
The agreement obligates both parties to advocate for project support at
regional and state levels, and for funding at the State and federal levels. It also
obligates the City to work with ODOT to market remnants from right of way
purchases, and obligates ODOT to seek a means of dedicating the proceeds of
any such sales to project financing. It prohibits the City from applying Federal
Highway Act funding to its match, but allows federal funds from other sources.
The agreement allows for termination by either party under a number of
circumstances, one of which is failure to receive funding sufficient to pay for
interchange work.
FINANCIAL IMPACT:
The agreement obligates the City to an $8 million share of the total cost of
interchange improvements. With credit for the $2.5 million already expended
for right-of-way acquisition, the City must raise $5.5 million within two years
following ODOT's notice of issuance to proceed on the project. This allows the
City the remainder of this decade, and much of the first half of the next to raise
these funds. Funds are anticipated to come from SDC's on hand and those to
be raised in the future, and contributions from private development within the
area proposed for urban growth boundary expansion. The agreement also
provides for the opportunity to fund through a wider assessment mechanism,
should that become necessary.
96
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February 27, 2006
Misc. Contracts & Agreements
No.
[Q)~WlI
INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT is made and entered into by and between THE STATE OF
OREGON, acting by and through its Department of Transportation, hereinafter referred
to as "ODOT"; and the CITY OF WOODBURN, acting by and through its designated
officials, hereinafter referred to as "CITY".
RECITALS
1. By the authority granted in ORS 190.110 and 283.110, state agencies may enter
into agreements with units of local government or other state agencies for the
performance of any or all functions and activities that a party to the agreement, its
officers, or agents have the authority to perform.
2. According to Oregon Administrative Rule (OAR) 660-012-0060 (4)(b)(A), (B), and
(D) projects may not be counted on in a local Transportation System Plan (TSP) as
planned transportation facilities unless they fall into one of the following categories:
. Transportation facilities, improvements or services that are funded for
construction or implementation in the Statewide Transportation Improvement
Program or a locally or regionally adopted transportation improvement program
or capital improvement plan or program of transportation service provider.
. Transportation facilities, improvements or services that are authorized in a local
transportation system plan and for which a funding plan or mechanism is in place
or approved. These include, but are not limited to, transportation facilities,
improvements or services for which: transportation systems development charge
revenues are being collected; a local improvement district or reimbursement
district has been established or will be established prior to development; a
development agreement has been adopted; or conditions of approval to fund the
improvement have been adopted.
. Improvements to state highways that are included as planned improvements in a
regional or local transportation system plan or comprehensive plan when ODOT
provides a written statement that the improvements are reasonably likely to be
provided by the end of the planning period.
3. OAR 660-012-0060 (4)(c) and (d)(C) further states that for interstate interchange
areas, when an Interchange Area Management Plan (lAMP) has been adopted by
the Oregon Transportation Commission (OTe) as an amendment to the Oregon
Highway Plan (OHP), "Improvements to state highways that are included as planned
improvements in a regional or local transportation system plan or comprehensive
plan when ODOT provides a written statement that the improvements are
reasonably likely to be provided by the end of the planning period" can only be
97
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City ofWoodburn/ODOT
[IDE
counted on as planned improvements if they are listed in that adopted Interchange
Area Management Plan or, if not already in an adopted lAMP, ODOT provides a
written statement that the proposed funding and timing of mitigation measures are
sufficient to avoid a significant adverse impact on the Interstate Highway system.
4. City has adopted a TSP that seeks to rely on proposed improvements to the existing
Interstate 5 interchange with Oregon Highways 214 and 219, exit 271, referred to
herein as the Woodburn Interchange, to support amendments to its urban growth
boundary, land use plan, and zoning ordinance.
5. The Woodburn Interchange is subject to the conditions cited in parts 2 and 3 of
these recitals.
6. Reconstructing the Woodburn Interchange is a top funding priority of the Mid-
Willamette Area Commission on Transportation (MW ACT).
7. ODOT is currently developing an Environmental Assessment (EA) document
pursuant to the National Environmental Policy Act (NEPA) as the means to gain the
necessary federal and state approvals needed to advance reconstruction of the
Woodburn Interchange.
NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it
is agreed by and between the parties hereto as follows:
TERMS OF AGREEMENT
1. ODOT and City agree that a general funding plan is needed to demonstrate that
adequate funding to reconstruct the Woodburn Interchange will become available
within the 20-year planning horizon and in time to avoid a significant adverse impact
on the Interstate Highway System.
2. ODOT and City agree that this intergovernmental agreement (IGA) shall serve as
the necessary general funding plan and as the means for agreeing to the funding
plan's adequacy for purposes of determining that the Woodburn Interchange is a
planned improvement in the adopted Woodburn TSP. This determination shall be
effective when all parties have signed this IGA.
3. ODOT and City agree that an additional IGA (or IGAs) will be needed between
ODOT and City to define process and administrative iSSU9S relative to funding
responsibilities and transfer of funds when specific funding sources are identified
and funding participation responsibilities are finalized.
4. ODOT and City agree the $2.5 million provided by City to ODOT in 2004 to acquire
the Zimmel property shall be included as part of City's total financial contribution to
reconstructing the Woodburn Interchange.
2
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City of Woodburn/ODOT
[IDE
5. ODOT and City agree that the overall cost responsibility for funding the Woodburn
Interchange reconstruction shall be shared by ODOT and City.
6. ODOT and City agree that the current total reconstruction cost estimate for the
Woodburn Interchange is $48 million.
7. ODOT and City agree that the total City financial contribution towards reconstruction
of the Woodburn Interchange shall be $8 million.
8. ODOT and City agree that all costs to reconstruct the Woodburn Interchange above
the $8 million provided by City shall be the responsibility of ODOT.
CITY OBLIGATIONS
1. City will develop and implement funding mechanisms sufficient to raise its financial
contribution. These mechanisms may include private contributions, system
development charges, special district fees, general revenue measures, bonding, or
any other means at City's disposal that does not involve state transportation funds,
or federal transportation funds authorized under Title 23, United State Code (USC).
City shall, however, be released from its financial obligations under this agreement if
federal funds from any source and equal to the total project cost are received by
ODOT.
2. City shall make available to ODOT a total of $8 million as City's total local financial
contribution towards reconstruction of the Woodburn Interchange within two years
from the time ODOT issues the notice to proceed on the reconstruction project. .
The $2.5 million already provided to ODOT as described in Part 4 of the Terms of
this Intergovernmental Agreement shall count as part of the $8 million total to which
City is obligated under this agreement.
3. City will continue to advocate for the state and federal funds needed to reconstruct
the Woodburn Interchange in conjunction with the priorities established by the
Oregon Transportation Commission.
4. City will eontinue to advocate for the Woodburn Interchange reconstruction projeet
as a high priority within the MW ACT project recommendation process. .
5. City will work cooperatively with ODOT to market property remnants from right-of-
way purchased for the reconstruction of the Woodburn Interchange.
3
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City ofWoodburnjODOT
[IDM
OOOT OBLIGATIONS
1. ODOT Region 2 will continue to advocate for the state and federal funds needed to
reconstruct the Woodburn Interchange in conjunction with the priorities established
by the Oregon Transportation Commission.
2. ODOT Region 2 will continue to advocate for the Woodburn Interchange
reconstruction project as a high priority within the MW ACT project recommendation
process.
3. With MWACT support, ODOT Region 2 will advocate for the Woodburn Interchange
reconstruction project as a high priority within the Region 2 all Area Commission on
Transportation (all ACT) project recommendation process.
4. With "all ACT" support, ODOT Region 2 will advocate for the Woodburn Interchange
reconstruction project as a high priority within the statewide project selection
process.
5. ODOT will include the Woodburn Interchange in the construction section of the STIP
at its earliest practical opportunity when funding to reconstruct the Woodburn
Interchange becomes available through the project recommendation and selection
process described in Parts 2, 3, and 4 of the ODOT Obligations section of this
Intergovernmental Agreement.
6. In order to lower the overall cost of reconstructing the Woodburn Interchange and
expedite its reconstruction, ODOT Region 2 will work within ODOT to try to secure
any revenue received from the resale of property remnants from right-of-way
purchased for the reconstruction of the Woodburn Interchange as part of the total
funding needed to reconstruct the Woodburn Interchange.
7. ODOT shall, upon execution of this IGA, regard the Woodburn Interchange
reconstruction described in the Woodburn TSP as a planned improvement for the
purpose of implementing the Woodburn Comprehensive Plan and meeting the
requirements of the TPR.
GENERAL PROVISIONS
1. This Agreement may be terminated by either party upon 30 days' notice, in
writing and delivered by certified mail or in person, under any of the following
conditions.
a. If either party fails to provide services called for by this Agreement within the time
specified herein or any extension thereof.
b. If either party fails to perform any of the other provisions of this Agreement or so
fails to pursue the work as to endanger performance of this Agreement in
4
100
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City of Woodburn/ODOT
wm
accordance with its terms, and after receipt of written notice from either party fails to
correct such failures within 10 days or such longer period as either party may
authorize.
c. If either party fails to receive funding, appropriations, limitations or other expenditure
authority at levels sufficient to pay for the work provided in the Agreement.
d. If Federal or State laws, regulations or guidelines are modified or interpreted in such
a way that either the work under this Agreement is prohibited or if either party is
prohibited from paying for such work from the planned funding source.
2. Any termination of this Agreement shall not prejudice any rights or obligations
accrued to the parties prior to termination. This does not obligate either party to
fulfill any portion of this agreement that has not been fulfilled prior to its termination.
3. This Agreement and attached exhibits constitute the entire agreement between the
parties on the subject matter hereof. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement. No
waiver, consent, modification or change of terms of this Agreement shall bind either
party unless in writing and signed by both parties and all necessary approvals have
been obtained. Such waiver, consent, modification or change, if made, shall be
effective only in the specific instance and for the specific purpose given. The failure
of ODOT to enforce any provision of this Agreement shall not constitute a waiver by
ODOT of that or any other provision.
4. City acknowledges and agrees that ODOT, the Secretary of State's Office of the
State of Oregon, the federal government, and their duly authorized representatives
shall have access to the books, documents, papers, and records of City which are
directly pertinent to the specific agreement for the purpose of making audit,
examination, excerpts, and transcripts for a period of three years after final
payment. Copies of applicable records shall be made available upon request.
Payment for costs of copies is reimbursable by ODOT.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their
seals as of the day and year hereinafter written.
The Oregon Transportation Commission on June 18, 2003, approved Delegation Order
No.2, which authorizes the Director to approve and execute agreements for day-to-day
operations when the work is related to a project included in the Statewide
Transportation Improvement Program or a line item in the biennial budget approved by
the eommission.
5
101
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City of Woodburn/ODOT
ID_
On September 6, 2002, the Director of the Oregon Department of Transportation
approved Subdelegation Order No.2, in which the Director delegates authority to the
Executive Deputy Director for Highways, Executive Deputy Director for Central
Services, Deputy Director for OTIA, and the Chief of Staff to approve and execute
agreements over $75,000 when the work is related to a project included in the
Statewide Transportation Improvement Program, other system plans approved by the
Commission such as the Traffic Safety Performance Plan, or in a line item in the
approved biennial budget.
CITY OF WOODBURN, by and through its STATE OF OREGON, by and through
elected officials its Department of Transportation
By
By
Deputy Director, Highway
Title
Date
By
APPROVAL RECOMMENDED
Title
Date
By
Region 2 Manager
APPROVED AS TO FORM
Date
By
City Legal Counsel
Date
APPROVED AS TO LEGAL
SUFFICIENCY
By
Assistant Attorney General
Date:
Agency Contact:
City of Woodburn
Woodburn OR
6
102
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WQODBURN
JltfCrport'lltd 1889
13A
A~'~
April 1 0,2006
TO: Honorable Mayor and City Council through City Administrator
FROM: Naomi Zwerdling, Interim Community Development Director ,..J. 2..
SUBJECT: Planning Commission's Approval of Conditional Use 06-01 located
at 689 N. Front Street, Space C.
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 March 23, 2006, the Planning Commission adopted a final order approving
the applicant's request for Conditional Use approval to establish a grocery store
business within a 2,485 square foot tenant space located in space C at 689 N.
Front Street. The property is located at the corner of Front Street and Harrison
Street, and zoned Downtown Development and Conservation (DOC).
The property is identified specifically on Marion County Assessor Map T5S, R1 W,
Section 07DC, Tax Lot # 10000. The subject property is zoned Downtown
Development and Conservation (DOC) and designated Commercial on the
Woodburn Comprehensive Plan Map. The adjacent property to the east (across
Front Street) is the location of the railroad. The properties to the north (across
Harrison Street), south and west are zoned DOC and designated Commercial on
the Woodburn Comprehensive Plan Map. Adjacent uses consist of at-shirt
screening company to the south, Chemekata Community College to the north
(across Harrison Street), a foodbank to the west, and railroad is located to the
east (across N. Front Street). No wetlands are located on the subject site and it
is located outside of the 500-year floodplain.
On October 11, 2004 the Community Development Director approved Design
Review 04-14 for improvements to the exterior of the building including the
installation of two doors and a fabric awning on the north elevation of the
existing building and painting the exterior of the existing building an earth tone
color.
Agenda Item Review: City Administrator
City A ttorney ~
Finane
103
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Honorable Mayor and City Council
April 1 0,2006
Page 2
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The applicant is Mr. Abdullah Hussein, and the property owner is Mr. C. Charles
Sauvain RLT.
DISCUSSION:
None.
FINANCIAL IMPACT:
There is no financial impact associated with the recommended action.
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WOODBURN
lncorpOfdtt4 1839
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April 1 0,2006
TO: Honorable Mayor and City Council through City Administrator
FROM: Naomi Zwerdling, Interim Community Development Director N,Z-. I
SUBJECT: Community Development Director's Approval of Design Review 05-15
located at 960 N. Pacific Hwy.
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.
BACKGROUJIIJ):
On April 6, 2006, the Woodburn Community Development Director approved
the request for Design Review approval to convert a retail space into a
restaurant located at 960 N. Pacific Hwy. The subject property is further
identified on Marion County Assessor Maps as Township 5 South, Range 1 West,
Section 8CD, Tax Lot# 6300.
The subject property is zoned Commercial General (CG) and designated
Commercial on the Woodburn Comprehensive Plan Map. The properties to the
west (across North Pacific Highway), north (across Hardcastle Avenue) and
south are zoned CG and designated Commercial on the Woodburn
Comprehensive Plan Map. The properties to the east are zoned Medium Density
Residential (RM) and designated Residential Greater Than 12 Units Per Acre on
the Woodburn Comprehensive Plan Map. The commercial property to the
south was formerly Roth's Market, but is now a vacant property. The medium
density residential properties to the east are developed with duplexes. The
commercial property to the north (across Hardcastle Avenue) is in use as Les
Schwab Tire Center and Gina's Restaurant. The commercial properties to the
west (across North Pacific Highway) are used as the Woodburn Hotel, Foto
Magic, Special Occasions Unlimited, and a retail complex. No wetlands are
located on the subject site and it is located outside of the 500-year floodplain.
The applicant Is Carter Case and the property owner is Ira Gordon.
Agenda Item Review: City Administrator .
City Attomey _
Finanee
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Honorable Mayor and City Council
April 10, 2006
Page 2
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DISCUSSION:
None.
FINANCIAL IMPACT:
There is no financial impact associated with the recommended action.
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