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Agenda - 11/13/2000 AGENDA WOODBURN CITY COUNCIL NOVEMBER 13, 2000 - 7:()() P.M 270 Montgomery Street * * Woodburn, Oregon 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. Thanksgiving Holiday closures: City Hall will be closed Nov. 23 and 24. Woodburn Public Library will be closed on Nov. 23. Woodburn Aquatic Center will be closed on Nov. 23. B. Public Hearing on November 27, 2000 for the Local Law Enforcement Block Grant. C. Tulip planting at City Hall- November 18th. Appointments: - None 4. PRESENTATIONS/PROCLAMATIONS P!:~~QDflC)n:. - None ~1~tr.a1iijWs; - None 5. COMMITI'EE REPORTS A. Chamber of Commerce. B. Woodburn Downtown Association. 6. COMMUNICATIONS - None 7. BUSINESS FROM THE PUBLIC (This allows the public to introduce items for Council consideration not already scheduled on the agenda.) 8. CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. A. City Council minutes of October 23, 2000 regular meeting and special meeting of November 7, 2000 ............................... 8A Recommended action: Approve minutes. B. Draft Planning Commission minutes of October 26, 2000 . . . . . . . . . . . . .. 8B Recommended action: Accept minutes. Page I - City Council Agenda, November 13,2000. C. Draft Museum Board minutes of October 19, 2000 ................... 8C Recommended action: Accept minutes. D. Status report on selection of consultant for water study ............... 8D Recommended action: Receive report. E. Sound amplification permit - Woodburn Company Stores. . . . . . . . . . . .. 8E Recommended action: Approve sound amplification permit for Woodburn Company Stores. F. Claims for the month of October 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8F Recommended action: Approve claims. G. Building Activity Report for October 2000 ......................... 8G Recommended action: Receive report. H. Planning Project Tracking Sheet .................................. 8H Recommended action: Receive Planning Project Tracking Sheet. 9. TABLED BUSINESS 10. PUBLIC HEARINGS A. Planned Unit Development 00-02, modification of the Conditions of approval for Boones Crossing to allow flexibility in construction of the project by providing for a sanitary sewer lift station option as an alternative to deep sewer construction, Polygon Northwest, applicant .. lOA Recommended action: Conduct public hearing, receive public comment and instruct staff to prepare an ordinance reflecting Council's decision. 11 GENERAL BUSINESS A. Council Bill No. 2271 - Ordinance levying assessment costs for the improvement of the alley between Harrison St. and W. Hayes St. ...... Recommended action: Approve ordinance levying assessment costs for the aUey improvement project. Council Bill No. 2272 - Ordinance amending Ord. 1900 to provide an application process for the ceremonial discharge of firearms in the City Recommended action: Approve ordinance amending Ord. 1900 to prn.vide process fnr.,aum.anitll discharge of fue.arms-in City.~ - - . -. -- Council Bill No. 2273 - Resolution authorizing renewal participation in the Oregon Cooperative Purchasing Program ...................... Recommended action: Approve resolution authorizing participation in Oregon Cooperative Purchasing Program. llC llA B. llB c. Page 2 - City Council Agenda, November 13, 2000. r D. Council Bill No. 2274 - Resolution directing placement of stop signs in Montebello Subdivision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11D Recommended action: Approve resolution directing installation of stop signs in Montebello Subdivision. E. Liquor license application: Los Cabos . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11E Recommended action: Approve liquor license for Los Cabos. F. Bid award for construction of maintenance shop lube pit and roof replacement .................................................. I1F Recommended action: A ward bid G. Engineering services contract modification ........................ 11G Recommended action: Authorize contract modification H. Acceptance of non-exclusive license agreement between School District and City of Woodburn . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. IIH Recommended action: Accept license agreement between School District and City. I. Contract for economic analysis and land suitability study ............. 111 Recommended action: authorize City Administrator to execute a contract with ECO Northwest, in an amount not to exceed $60,000 to complete an economic analysis and land suitability study. 12. PUBLIC COMMENT 13. NEW BUSINESS 14. PLANNING COMMISSION ACTIONS - These are Planning Commission actions that may be called up by the City Council. A. Subdivision 00-02 and Variance 00-07, subdivision of 0.91 acres into six (6) single family lots at 1238 Park Ave., Farmworker Housing Development Corporation, applicant. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14A B. Site Plan Review 00-26, construction of a swimming pool for Orchard Green and The Links homeowners south of the OGA golf course clubhouse, Tukwila PUD, Tukwila Partners, applicant. . . . . . . . . . . . . .. 14B 15. CITY ADMINISTRATOR'S REPORT A. Bequest to Woodburn Public Li6raty-froiIi.Alber'fJofin"""Saidnen (oral report). 347 N. Front Street (oral report). B. Page 3 - City Council Agenda, November 13, 2000. 'IT 16. MAYOR AND COUNCIL REPORTS 17. EXECUTIVE SESSION A. To conduct deliberations with persons designated by the governing body to negotiate real property transactions pursuant to ORS 192.660 (l)(e). B. 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 (l)(h). C. To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (l)(t) 18. ADJOURNMENT Page 4 - City Council Agenda, November 13, 2000. ~. 8A COUNCIL MEETING MINUTES OCTOBER 23, 2000 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, OCTOBER 23, 2000. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0012 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Jennings Bjelland Chadwick Figley Kilmurray Pugh Sifuentez Present Present Present Present Absent Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Police Chief Null, Interim Community Development Director Mulder, Finance Director Gillespie, Public Works Manager Rohman, Park & Recreation Director Westrick, Library Director Sprauer, City Recorder Tennant 0021 ANNOUNCEMENTS. A) City Hall office closures: In observance of Veterans Day, City Hall offices will be closed on Friday, November 10th. B) Woodburn Public Library will be open on November 10, 2000. C) Election Drop Box: Woodburn City Hall is a designated ballot box site for the upcoming general election. Voters can placed their ballots in the box located in the City Hall lobby during regular business hours. City Hall will be open until 8:00 p.m. on election day, November 7th, to allow voters an opportunity to deposit their ballot in the election box prior to the 8:00 p.m. deadline. He reminded the public that this is a vote by mail election and there will be no polling places open for this election. 0042 PRESENTATIONS - AMERICAN HOMETOWN LEADERSHIP A WARD. Scott Gavick, Manager of the Woodburn Wal-Mart store, stated that Wal-Mart, in conjunction with the National Center for Small Communities, annually gives awards entitled "American Hometown Leadership Award". Local officials are nominated fot ,- outstanding duties and great efforts that improve their communities. Throughout the country, there are approximately 300 winners of this award. This year, Mayor Jennings was nominated, and selected, for his outstanding services to the City. In addition to the Certificate of Award, Mr. Gavick presented Mayor Jennings with a $1,000 donation to be used within the community for a project of his choice. Mayor Jennings stated that the funds will be used towards the skate park facility. Page 1 - Council Meeting Minutes, October 23, 2000 r r 8A COUNCIL MEETING MINUTES OCTOBER 23, 2000 TAPE READING 0102 PRESENTATION: MARION COUNTY MULTI-AGENCY DRUG ENFORCEMENT TASK FORCE. Police Chief Null stated that local, state, and federal law enforcement agencies have been meeting to discuss methods of countering the increasing drug activity within Marion County. These discussions brought out the fact that the smaller law enforcement agencies do not have the resources available to work on the problem within their community. It was the consensus of the involved agencies to pool resources to enhance and impact the effectiveness of drug enforcement throughout the county. As a result, a county-wide task force is being proposed as a means of providing drug enforcement to all of Marion County. Ll. Dave Okata, Marion County Sheriffs department, stated that Marion County, along with Deschutes County and Jackson County, have been designated by the federal government as a high intensity drug trafficking area. To address this issue, the law enforcement agencies have developed a Task Force known as the Marion County Area Gang and Narcotics Enforcement Team (MAGNET). The mission of the team is to enhance community safety and livability by implementing a comprehensive community response strategy to the threat of illegal drugs. Principles and goals of the team include I) joint command within this multi-agency task force, 2) unified commitment of all agencies to address the issues, 3) multi-agency cooperation and participation of cities, county, state, and federal government, 4) multi-discipline approach to not only get the criminals off the street but also address the narcotics use problem, 5) Task Force would work as a single entity with a single command structure, 6) improve county-wide communication on this issue, 7) serve all areas of Marion County, 8) be responsive to the needs and requests of all agencies, 9) share resources of all involved agencies for efficient operation, and 10) task force has a commitment to success. He reviewed the proposed organizational structure which is made up of an executive board (all Police Chiefs in Marion County, and representatives from Oregon State Police, Marion County District Attorney's office, FBI, and DEA), the operations committee (representatives of all participating agencies), and commanders for the Street Crimes and Gang Response Team. Once the Task Force is in full force, there will be approximately 40 members on the force. Ll. Ed Boyd, Salem Police Department, reviewed statistical information on crime rates that are tied to narcotics. It was also noted that drug related deaths are increasing in ,.-. . ~ .. ...,. -Mari~I1"'C"'t)ml'lY.' Additionail)'itreatment"-admissions for methatnphetarnirres'a'l1ctlrerotn"''' -- ~~ are very high in Oregon which follows through as to why the narcotics problem has escalated to its current level. Ll. Okata stated that the Task Force is looking at a holistic approach which involves enforcement, community education, and school programs. He stated that methamphetamines is one of the current, and biggest, problems currently faced by enforcement agencies since the labs are very toxic and dangerous. Landlords could be Page 2 - Council Meeting Minutes, October 23, 2000 r ,,< 8A COUNCIL MEETING MINUTES OCTOBER 23, 2000 TAPE READING faced with a large financial loss if their property is used as a methamphetamine lab. He reiterated that the formation of a multi-agency team will make an impact within our county. Councilor Pugh complimented the presenters on their work to date and expressed his desire to see information on this program in the local newspapers so that the public is aware of what actions local agencies are taking to try to combat this problem. 0668 Evan Thomas, representing a local skate board group, stated that a skate park is needed in Woodburn and they are in support of the bond measure which would provide some funding towards a skate park. He stated that they do not want to upset property owners, however, in order to skate in a park, they have to travel to Salem, Canby, or Portland. Additionally, Donald and Hubbard are in the process of building a skate park and the local skaters would like the City to do whatever they can to proceed with constructing a skate park in Woodburn. He stated that the skaters are also willing to help in anyway they can to help get information to the voters on the bond measure. Mayor Jennings stated that he is committed to building a skate park during the next two years. As a temporary solution, staff is researching the possibility of utilizing a portion of the parking lot behind the post office. He suggested that Mr. Evans, along with 3 or 4 other skaters, meet with the City Administrator to further discuss this issue. Administrator Brown stated that he has discussed this with the Mayor, however, he also needs to discuss the liability issues with the City Attorney before a final decision can be made. Councilor Figley stated that she would like to talk to any of the skaters willing to help with passage of the park bond issue. 0825 CONSENT AGENDA. A) Council minutes of October 9,2000 regular and executive session; B) Draft Library Board minutes of October 11, 2000; C) Draft Planning Commission minutes of September 14 & 28, 2000, and October 12, 2000; D) Police activity report for May 2000; E) Claims for the month of September 2000; and F) Addendum to the City Administrator's employment agreement. FIGLEY/SIFUENTEZ... adopt the consent agenda as presented. The motion passed unanimously. 0852 PUBLIC HEARING - FINAL ASSESSMENT ON ALLEY PROJECT LOCAL IMPROVEMENT DISTRICT. Mayor Jennings declared the public hearing open at 7:29 p.m.. Page 3 - Council Meeting Minutes, October 23,2000 r T COUNCIL MEETING MINUTES OCTOBER 23, 2000 8A TAPE READING Finance Director Gillespie stated that this public hearing, along with the public hearing following on the Parr Road improvements, is the final step in assessing benefitted properties for improvements made in their area. He reviewed the local improvement district process which included various hearings, an engineering report, notifications to property owners, and an ordinance calling for the improvement. Once the construction is complete, final assessment can be imposed by the Council and property owners can either payoff their assessment in full within 30 days without interest or payoff their assessment in equal semi-annual installments over a 10-year period. He stated that the downtown Alley project began in June 1997 and the City elected to utilize our own funds rather than financing the project through a bond issue. It was also noted that, at the time of this project, Ballot Measure 47 had been passed by the voters and it was uncertain as to what authority local governments would have to issue bonds. Ultimately, local government authority was not diluted, however, under the circumstances, it was decided to finance the project internally. The interest rate to be applied on unpaid assessment balances will be 6.18% which is equal to the blended bond rate plus .5% which was authorized in the preliminary assessment to cover administrative costs. 1063 Al Sprauer, representing the Elks Lodge, stated that the notice of assessment came as a surprise and he questioned 1) when the ordinance was adopted and LID formed, 2) by what means were the Elks Lodge notified, 3) if a copy of the Planning Commission's action prior to the Council adoption of this LID could be obtained. and 4) if Council consider of tabling action on this issue for 1 month to allow them time to review the assessment proposed on their property. Public Works Director Tiwari stated that the process began in 1997 and the local improvement district process did involve notification to affected property owners by mail. The hearing did take place, however, less than 50% of the property owners objected to the assessment, therefore, the Council proceeded to adopt an ordinance authorizing the local improvement district and the project. He reiterated that the costs allocated to the benefitted properties in the original ordinance are the same as those costs proposed in the final assessment notices. Since the initial passage of the ordinance, there may have been changes in property owners which could be a reason as to why current property owners are not aware of this pending assessment. He stated that he is more than willing to provide the information requested by Mr. Sprauer. Mayor Jennings declared the public hearing closed at 7:43 pm. He questioned if the Council wanted to table the issue as requested by Mr. Sprauer, however, no action was taken by the Council to table the issue. PUGHlFIGLEY... direct staff to bring back an ordinance levying the final assessments on the Alley local improvement district. The motion passed unanimously. Page 4 - Council Meeting Minutes, October 23, 2000 ,T 8A COUNCIL MEETING MINUTES OCTOBER 23, 2000 TAPE READING 1353 PUBLIC HEARING - PARR ROAD IMPROVEMENTS LID. Mayor Jennings declared the public hearing open at 7:45 pm.. Finance Director Gillespie stated that the total cost of this project allocated to assessments was $442,647 of which the School District has already paid their portion of the assessment in the amount of $277,042.91. There are two other properties within the district that have also paid for their share of the assessment and the Hope Lutheran Church has conveyed some property to the City for this project valued at $14,000 which is an offset to their total assessment. The interest rate for this assessment will be 6.18% and property owners can make equal semi-annual payments over a 10 year period. No one in the audience spoke either in favor or against the final assessment. Mayor Jennings closed the public hearing at 7:49 p.m.. FIGLEYIPUGH... direct staff to bring an ordinance levying the final assessment on the Parr Road LID. The motion passed unanimously. 1503 COUNCIL BILL 2268 - RESOLUTION ENTERING INTO A PARTNERSIDP AGREEMENT WITH OTHER LAW ENFORCEMENT AGENCIES IN MARION COUNTY CREATING A REGIONAL DRUG ENFORCEMENT TASK FORCE. Councilor Chadwick introduced Council Bill 2268. 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 Jennings declared Council Bill 2268 duly passed. 1577 EMPLOYMENT AGREEMENT FOR COMMUNITY DEVELOPMENT DIRECTOR. FIGLEYIPUGH... authorize the City Administrator to execute an agreement employing James Mulder as Community Development Director. The motion passed unanimously. 1596 COUNCIL BILL 2269 - RESOLUTION ENTERING INTO 2000 FUND EXCHANGE AGREEMENT WITH THE STATE OF OREGON DEPARTMENT OF TRANSPORTATION. Council Bill 2269 was introduced by Councilor Chadwick. 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 Jennings declared Council Bill 2269 duly passed. 1631 COUNCIL BILL 2270 - RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT AMENDMENT WITH CHEMEKETA COMMUNITY COLLEGE FOR PARTICIPATION IN THE CHEMEKETA COOPERATIVE REGIONAL LmRARY SERVICES. Councilor Chadwick introduced Council Bill 2270. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final Page 5 - Council Meeting Minutes, October 23, 2000 r 8A COUNCIL MEETING MINUTES OCTOBER 23, 2000 TAPE READING passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2270 duly passed. 1666 NO PARKING ON LINCOLN STREET BETWEEN GATCH STREET AND WASHINGTON SCHOOL. Staff recommended the installation of No Parking signs for the purpose of improving visibility and safety for motorists and school children. FIGLEY/SIFUENTEZ... approve the installation of No Parking signs along the north side of Lincoln Street between Gatch Street and the west driveway of Washington School. The motion passed unanimously. 1688 CONTRACT A WARD - PURCHASE OF DUMP TRUCK (Street Dent.) Proposals for the purchase of a used 10 to 12 yard dump truck were received from the following vendors: Hertz Rental, Inc. (1994 Ford), $47,500; DSU Peterbuilt, Inc. (1997 Peterbuilt), $48,500; and Valley Freightliner (1998 Freightliner), $64,900. Staff recommended the purchase of the 1997 Peterbuilt since this vehicle seemed to be the best value for the price quoted. PUGHlFIGLEY.... award the contract to DSU Peterbuilt for a used dump truck in the amount of $48,500.00. Mayor questioned if the City had the ability to award the bid to DSU since the bid from Hertz Rental was lower. City Attorney Shields stated that the staff had requested proposals versus bids therefore, acceptance of the proposal from DSU Perterbuilt is allowable. The motion passed unanimously. 1735 OREGON LIOUOR LICENSE APPLICATION: SU CASA IMPORTS. INC. A change of establishment location liquor license application was submitted by Su Casa Imports located at 1032 N. Pacific Highway. The Police Chief recommended that the Council approve the license request for this establishment. FIGLEYISIFUENTEZ... approve the change in location of Su Casa Imports package store liquor license from 297 Front Street to 1032 N. Pacific Hwy both located in Woodburn. The motion passed unanimously. 1756 OREGON LIQUOR LICENSE APPLICATION: SENIOR ESTATES GOLF AND COUNTRY CLUB. An application was submitted by Senior Estates Golf & County Club, Inc., and Tracy Northcutt for the purpose of dropping a previous licensee and adding Tracy Northcutt as a new partner. The Police Chief recommended that the application be approved. FIGLEY/SIFUENTEZ... approve the package store and restaurant liquor license for Page 6 - Council Meeting Minutes, October 23,2000 r SA COUNCIL MEETING MINUTES OCTOBER 23, 2000 TAPE READING Senior Estates Country Club and Tracy Northcutt at 1776 Country Club Road, Woodburn. The motion passed unanimously. 1780 LEAGUE OF OREGON CITIES CONFERENCE: SELECTION OF VOTING DELEGATE. Mayor Jennings stated that the conference will be held November 10 - 12, 2000 in Portland, however, rooms have been reserved for November 9th since the first meeting is early Friday morning. Following discussion as to who will be attending the general Business Meeting, SIFUENTEZlBJELLAND... Mayor be selected as the Voting Delegate for the City. BJELLANDIFIGLEY... amend the motion to add Councilor Sifuentez as the alternate Voting Delegate. The motion to amend passed unanimously. The motion as amended passed unanimously. 1897 Al Sprauer, representing the Elks Lodge, stated that, after looking at some of the paperwork provided by staff during the meeting, the original notification was provided to Mr. Webster who was the property owner during the time period in which the LID was formed. His organization will be discussing this issue with Mr. Webster rather than with the City. 1954 PLANNING COMMISSION ACTIONS: A) Site Plan Review 00-05: Conditional Use approval for a beauty salon (spa) located at 560 Glatt Circle B) Site Plan Review 00-23: approval of expansion of exis~ing restaurant located at 523 N. Front Street C) Site Plan Review 00-24: approval to allow installation of lighting around the new soccer field at Woodburn High School. The Council took no action on the Site Plans listed above. 1960 CITY ADMINISTRATOR'S REPORT. A) Cable Television Franchise Renewal Update: Administrator Brown stated that he is moving forward with the Cable TV Franchise renewal request. In his discussions with Direct Link, they still intend to try and sell the cable portion of their system. He will be entering into an agreement with our Cable TV Consultant Steve Jolin within the near future. B) He also stated that the Planning Department is now at a full complement with the recent hiring of Senior Planner Naomi Tejeda Zwerdling who was formerly employed by the City as an Assistant Planner. He also congratulated James Mulder in his appointment as Community Development Director. Page 7 - Council Meeting Minutes, October 23, 2000 ~ 8A COUNCIL MEETING MINUTES OCTOBER 23, 2000 TAPE READING C) He requested that, before the Councilors leave after this meeting, they sign the proclamation which will be given to former Community Development Director Steve Goeckritz. 2046 MA YOR AND COUNCIL REPORTS. Councilor Bjelland stated that he had received the annual progress report of the Mid- Willamette Community Development Partnership (tri-county area which allocates the regional investment funds) and, in the material received, enclosed was a 2000 grant application form with a due date of November 30, 2000. He suggested that the City review the material and submit applications for the next funding cycle. Councilor Bjelland also stated that he had heard rumors that the Cable TV company was in the process of negotiating with another large purchaser. If this occurs, it would be good for the City since we are in need of a broad ban capability which allows for a tie-in with the internet with high-speed capabilities. Councilor Figley encouraged voters to exercise their right to vote. She also reminded the voters of the City's bond measure for the Parks and Community Facilities Bond which would provide funds to upgrade our community facilities. Mayor Jennings stated that the nomination for the American Hometown Leadership award was made possible through the efforts of Jane Christoff and Elida Sifuentez. He stated that the Mayor of Molalla also received an award and, to his knowledge, is the only other recipient from the State of Oregon. Mayor Jennings also stated that he had received a letter from Bill Mitchell, representing the Salvation Army, thanking the City and Chief Null for allowing them to use Library Park for their Outreach Program. They will be using the park on the 4th Friday of every month from approximately 6:30 pm to 8:00 pm to distribute food, coffee, clothing, and blankets to the homeless. The Council is invited to join them on a Friday evening so that information on their program can be disseminated to other church and local organizations who may be willing to help with this project. Their first usage of the park facilities will be on October 27th. 2370 ADJOURNMENT. FIGLEy/SIFUENTEZ.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:12 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, October 23,2000 8A SPECIAL COUNCIL MEETING MINUTES NOVEMBER 7, 2000 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, NOVEMBER 7, 2000. CONVENED. The special meeting convened at 6:00 p.m. with Mayor Jennings presiding. 0007 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Jennings Bjelland Chadwick Figley Kilmurray Pugh Sifuentez Present Present Absent Present Absent Present Present Statl' Present: City Administrator Brown, Police Chief Null, City Recorder Tennant 0029 REOUEST FOR CEREMONIAL DISCHARGE OF WEAPONS. Police Chief Null stated that a request was received from the Aerie 3284 Fraternal Order of Eagles for permission to have ceremonial discharge of rifles with blank ammunition for the purpose of dedicating a new flag and honoring veterans on Saturday, November 11th. The ceremony will be held at the Eagles Club located at 371 S. Pacific Highway. FIGLEY/SIFUENTEZ... approve the ceremonial discharge of weapons with blank ammunition to Aerie 3284 Fraternal Order of Eagles at 371 S. Pacific Highway, Woodburn, on November 11,2000 at 10:00 a.m.. The motion passed unanimously. Mayor Jennings stated that the Administrator will be placing an ordinance on the next agenda for Council consideration to clarify language relating to ceremonial discharge of weapons. 0075 ADJOURNMENT. FIGLEy/SIFUENTEZ.... meeting be adjourned. The motion passed unanimously. The meeting adjoilmea -at 6:05 p.m.. - APPROVED RICHARD JENNINGS, MAYOR AITEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - Council Meeting Minutes, November 7, , 2000 'IT 8 8B WOODBURN PLANNING COMMISSION October 26, 2000 CONVENED The Planning Commission met in a regular session at 7:00 p.m. with Chairperson Young presiding. ROLL CALL Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Young Cox Fletcher Grijalva Lima Mill Bandelow Lonergan Heer P P P P p A p P A Staff Present: Jim Mulder, Acting Community Development Director Naomi Zwerdling, Senior Planner Scott Clark, Assistant Planner An opening statement for Public Hearing was provided by Chairperson Youna. MINUTES A. Minutes of September 14. 2000 Commissioner Loneraan moved to accept the minutes as written. Commissioner Bandelow seconded the motion. Motion unanimously carried. B. Minutes of September 28. 2000 Commissioner Lima referred to page 7 and indicated Mr. Ehrens' name was corrected in the first sentence but not in subsequent ones. Vice Chairperson Cox moved to approve the minutes with the noted correction. Commissioner Loneraan seconded the motion, which carried. C. Minutes 1). October 12. 2000 Commissioner Lima moved to approve the October 12, 2000 Planning Commission minutes. Vice Chairperson Cox seconded the motion. Motion unanimously carried. BUSINESS FROM THE AUDIENCE None Staff introduced the new Senior Planner, Naomi Zwerclling. He stated the Community Development Department is now fully staffed and looking forward to getting a lot of things done. Chairperson Y ouna welcomed Naomi on behalf of the Planning Commission. He indicated he has enjoyed . ~. ,,":' ~ ~ working w.it~ her inth~itMy ~""eII11y1ooking f01'wafd to ~future....~ ~ ~- :;", ::-~~~ ~:- := ~ .:0..--...;. ,;." .. PRESENTATION A. Randv Westrick. Parks and Recreation Director to discuss Ballot Measure 24-62 Randv Westrick thanked the Commission for the invitation to come and share with what is going on in the Recreation and Parks Department. the Recreation & Parks Board and the upcoming bond. Randy informed Planning Commission Meeting - October 26. 2(}()() Page 1 of 9 - 8B the Commission the equipment utilized tonight is on loan to Recreation and Parks from the Library and is available to anyone who has a library card. He also stated you get a volunteer like Cylis Harvey to help you operate it. Randy remarked Bond Measure 24-62 is important because it is rooted in ordinances and plans that the City has completed. He indicated the Zoning Ordinance states that the City has determined that helpful and productive community life depends in part on the availability of park plans and recreation facilities. Furthermore, he reported about a year ago the Planning Commission approved and sent along to the Council the Parks and Recreation Comprehensive Plan, which was adopted in November of 1999. Randy indicated there are two issues in particular that the bond is addressing. One being that the Woodburn Community Center is undersized and requires extensive renovation. Secondly, that the physical condition of many of the parks are below standards and in need of repair and replacement. With that. the Mayor and the City Council challenged the Recreations and Park Board to outline the most pressing needs for parks renovation and the other is to create a plan for replacing the community center. Over a 5-month long process, the Board created a process that included a town hall meeting, a focus group to refine the town hall's ideas, and a survey to validate the findings that they came up with when they talked to the community. Randy said all of Woodburn's diverse population were represented at the town hall meetings, He mentioned people indicated they want clean, green and attractive parks that were safe, well lighted and had lots of good amenities. However, they also heard that they need to complete Centennial Park and build a skate park. Randy reported a community validation survey was issued via service clubs, on buses, schools, at churches, Senior Estates, civic organizations and social events asking respondents to rate forty different features for a new community center. He mentioned over 350 people responded. A bond strategy was developed from this information by the Recreation and Parks Board. The strategy was recommended to the City Council which was subsequently approved. Randy reviewed the various recommended park improvements which includes picnic areas and amenities, benches, irrigation and drainage, access paths, security lighting, ADA accessibility, parking lots and various playground replacements and/or upgrades. Additionally, he indicated park construction involves Centennial Park athletic field lighting and a skate park. The new community center would house all current programs and activities and it would allow the expansion of youth and adult programs, community rentals, special events and conferences, 300-350 seat theater, 250 seat banquet room with kitchen, activity room, exhibit room, and recreation offices. Randy reported there are two potential sites for a new community center, Centennial Park and the community Gardens site on Park Avenue near Legion Park next to the Armory. He indicated the cost would be under $7 million and provided a breakdown of funding sources: $5 million bond issue, $830,000 in parks system development charges, $500,000 from grants, and balance from sale of the current community center and some other city property. Commissioner Loneroan inquired whether the building next to Burlingham Park is city owned and is it being utilized now? Randy Westrick replied the building is not city owned and it is presently a church. Commissioner Loneroan also inquired who is responsible for cleaning up after dogs? RandY Westrick responded the law states that dog owners are required to clean up after their dogs. He reported some cities are actually putting clean up stations in parks some of which are coin-operated. Commissioner Loneroan commented he is a strong supporter of the bond. He indicated the community center would be great for Woodburn. He also remarked he would hate to sacrifice land from Centennial Park for a community center. Commissioner Lonergan questioned how would the configuration come . :.. =togEilther if-the cente~GuId ~ located,at ~his:-site~ - -- :..--: ~.. ; - "'- "'_ _ _...i,.~ - ~ ~ ~ ~__. ...:;=- RandY Westrick explained we would have to replace that land dollar for dollar at another site if we were to build an indoor recreation facility on land that we promised to the Federal Government we would maintain as outdoor recreation facilities. He indicated there are other options at Centennial Park that the City is working on that would allow us not to have to sacrifice any outdoor recreation facilities out there. Planning Commission Meeting - October 26, 2{)()(J Page 2 of 9 IT 8B COMMUNICATIONS A. Council MeetinQ Minutes of October 9. 2000 PUBLIC HEARING A. Subdivision 00-02 and Variance 00-07. subdivide 0.91 acres into six (6) sinQle familv lots at 1328 Park Avenue. Farm worker Housina Develooment Corporation. aoolicant. Staff read the applicable ORS Statement and provided a presentation as reflected in the staff report. He provided a modification to the Staff Report which would eliminate the sprinkler system in lot #5 and #6 in lieu of a fire hydrant and that because the fence is not on the applicant's property condition requiring that they repair the fence is not applicable. Staff recommended approval of this project Vice Chairperson Cox he was not aware until he read this report that our ordinance required access to a public street Staff commented there is some inconsistency between the zoning code and the subdivision ordinance because the zoning code has provisions for private streets. Staff stated he would have to assume that in the past a decision was made for whatever reason, to ignore that provision. He indicated he chooses not to ignore that provision and believes the Variance is necessary at least until we can get a new development code where we can eliminate those inconsistencies. Commissioner Fletcher inquired what will the price range be on these homes? Staff responded around $130,000-$140,000. However, the applicant could specifically answer this question. TESTIMONY BY THE APPLICANT Roberto Franco. Director. Farm worker HousinQ Development Corporation. 160 W. Cleveland St. Woodburn explained these homes will be owner occupied for sale to farm workers. He indicated they are going to specifically target residents or families that live within their housing complexes, Esperanza Court and Nuevo Amanecer. Mr. Franco commented it is their goal and mission as an organization to provide assistance to farm workers to transition from rental into ownership. The homes will be 3-bedroom, 2-bathrooms with attached garage roughly about 15,000 square foot building. He stated the proposed design is a bungalow style with the garage hidden in the back of the homes. Mr. Franco said this project will provide a diverse type of housing and will definitely enhance the neighborhood. This is their participation with the City to achieve the economic and community development goals that the City intends. Additionally, they want to think of this project as a partnership between the City and their agency. He said because of the configuration of the lot they believe theVarisnces are the only way that they could make this development . a successful one. It was also reported by Mr. Franco that they have ten years of experience as an organization in housing development, primarily in rental housing, i.e., Nuevo Amanecer and Esperanza Court. He indicated they have received awards and recognition for the design and for the services they provide to the families. Mr. Franco explained it is their intent that before homes are purchased, the buyer will have to go through counseling and training so that they understand their rights as well as the responsibilities as homeowners. In closing, Mr. Franco said the families that are going to purchase these homes are going to be required to put in up to 500 hours of sweat equity so that they can see the value of their investment. He indicated this will assist in making the homes affordable to them. Commissioner Loneroan asked how is Mr. Franco going to train anyone else that moves into the home when - -. - -' thcOWtlSrs-chose to-sell'their'homes down the road?- ~ - - . - -- . - - . - - - --- - - . Roberto Franco replied they will have a second self mortgage against the properties. He indicated they are trying to bring private foundation grants into these developments. They want to guarantee that the next family that buys has to be in contact with them by having a silent mortgage. Mr. Franco explained they have $25,000 grant monies invested in the homes which have to stay in the homes for a certain amount of years Planning Commission Meeting - October 26, 2000 Page 3 of 9 , r l' ~ 'I' 8B in order for them to protect the investment. Commissioner Lima asked how long does it take for this investment to be paid off? Roberto Franco responded this is something that the prospective buyer and he will agree on. They could put a recapture resale or run the agreement for 10 years or 25 years but it is a negotiation between the buyer and his agency. Commissioner Lima questioned whether the new buyers will have the same type of silent mortgage to deal with? Roberto Franco answered they do not foresee it and hopefully the investment will be recouped with the first buyers. He indicated they do not want to be involved in it after that point. Commissioner Lima inquired whether they expect any expansion of this subdivision in the future? He also asked how much will the homes be priced for? Roberto Franco replied there will be no future expansion. They still have to determine what the price ranges will be. However. he commented they believe the homes will be valued at about $125,000. Financing will be up to the buyers. Commissioner Bandelow asked if the plan included in the packet is one of the plans they are planning to build? Roberto Franco responded affirmatively. Commissioner Bandelow commented it is a very attractive floor plan with a nice design and a good flow. Commissioner Fletcher inquired what pay range are they looking at for purposes of the sweat money counting towards payment? Roberto Franco stated construction companies usually pay between $10-15 an hour to anybody who really has no experience in construction. He indicated this is the range they are looking at. TESTIMONY BY PROPONENTS Barbara Morlev. Housina Soecialist. Farm Worker Housina. 160 W. Cleveland St.. Woodburn commented they believe they have an-oppcrtunity to make this subdivisiOfl more than a housing.developmeAl They are eager to work with the City to satisfy the need of development of in-fill lots and to introduce a variety of housing types to the local housing market. She indicated they are bringing front porches back and moving garages out of the way. Ms. Morley reported a traffic study conducted by Kittlelson & Associates indicated vehicle trips per day on Park Avenue as 3,379. She said the resulting additional five houses that they are adding would create a vehicle impact of 50 more trips per day. Chairoerson Youna requested clarification regarding the addition of a fire hydrant and removal of the sprinkling requirement on lots #5 & #6. Barbary Morlev clarified there is currently a fire hydrant on the other side of Park Avenue which has a six c =:;O':~ 'n-- inch pipe that gees t1nd8f#leWe8ka~'QI.t..at.the 9O~mef'-of iheir_9 where-it:lere-are two- - -"'"T.......__ utility boxes located. She stated the Fire Marshall suggested that they could add an additional hydrant at that blow off, therefore, they would not have to sprinkle the houses farthest away. Eduarde Halverson expressed her excitement regarding this project. She reported she has visited the farm workers housing sites and has also had the opportunity to go inside the homes and speak with the residents. Planning Commission Meeting - October 26. 2()()() Page 4 of 9 ,. 8B Ms. Halverson stated she was impressed at the way the residents took great pride in these apartments. She further added these families deserve an opportunity to own their home. Nancv Ferrell. Pastor. Presbyterian Church. 950 Boones Ferry Rd. Woodburn remarked she formerly served on the Buildable lands Task Force and wears the hat of also being in dialog with Farm Worker Housing. Ms. Ferrell believes the Variances requested are reasonable and life enhancing for all. She indicated this is an efficient use of the land. ingenious and creative. Additionally, she said Nuevo Amanecer are good neighbors and deserve the right to have the pride and pain of home ownership. Jerry Garafe. Civil Enqineer. Riverside Enoineerino. 1950 Turner Rd., Salem said this is a very classic example of an in-fill project which is a benefit to the city. Jack Berkev. 17575 landura Court. Hubbard. OR reported he asked to facilitate in trying to find a piece of property for Farm Worker Housing. He stated this project can be a good addition to the City of Woodburn and for Farm worker Housing and he endorses the project. Mr. Berkey remarked the project will be carried out in a quality manner with the integrity of the people with Farm Worker Housing. Roberto Franco read and entered into the record a letter from Earl A. Doman. Commissioner lima asked Mr. Franco how many people does he expect to see in each house? Roberto Franco replied they are three bedroom homes. They expect 1.5 occupancy per bedroom. Barry Stenlund. 2130 Miller Farm Rd.. Woodburn reported he represents Woodburn Construction Company. He supports the Farm Workers Housing Development Corporation project. He indicated in reviewing the site plan he believes this would be an excellent use for the property. Mr. Stenlund stated it is important to support development that will have a positive impact in our community. Other Farm Workers Housing Development Corporation projects have been positive additions to this community and he expects the same for this development. Mr. Stenlund's letter was also entered into the record. Patricia Ovalle. Nuevo Amanecer Aoartments resident said their purpose is to own a home for their family and with the support of the community they hope to achieve this. She stated she would like to be part of the American dream of owning a home for their children. TESTIMONY BY OPPONENTS Mike Foaerson. 30 Tierra Lvnn Cl. Woodburn stated he represents the people on Tierra Lynn Court and 'Tierra Lynn Drive. He expressed his concerns"with the number of homes for this projeGt and the density of the area. Additionally, he voiced concerns regarding fencing and lighting. David Tuss. 700 Smith Drive. Woodburn indicated he is not an opponent of the development. He reported he is operations manager at United Disposal Service. Mr. Tuss commented flag lots that are popping up all over Woodburn are creating unique situations in that private drives are not developed as a street. He remarked the people living at these homes can't expect to have curbside service at their front door. A program has been developed for curb site recycling, yard debris and garbage service. Mr. Tuss stated he would like to make developers aware that the people that live in those homes will need to get their trash out into the street in the carts provided to them by United Disposal. He stated safety, health and welfare of employees and the public are of major concern to United Disposal. Vice Chairperson Cox inquired what will the width be and will it be paved to a standard equivalent to a street of the same type and will it have curbs? Staff replied it was not specified that they would have curbs. The pavement has to be 24 feet as well as the easement. Planning Commission Meeting - October 26, 2000 Page 5 of 9 l' 8B David Tuss indicated United Disposal does not want to come in and break up their driveway if this is a development for homeowner's to learn how to manage a home. He stated they do not want to get into those types of situations with the private homeowner or the developer. Commissioner Fletcher asked who will maintain the street if it is a private street? He also inquired if there will be a Homeowner's Association established? Staff replied the property owners are responsible for maintaining the street. He stated the property owners have the option of establishing a Homeowner's Association otherwise, the easement agreement itself may establish maintenance responsibilities. Staff further added each owner is responsible for their own portion of their property unless they jointly decide to make the improvements. Commissioner LonerQan inquired if the Police can enforce no parking if there are no parking signs along a private drive? Staff answered No. He stated it would be up to the property owner to enforce that. David Tuss remarked they are granted to operate on the City streets since they have a franchise with the City of Woodburn. APPLICANT REBUTTAL Roberto Franco made it clear that these homes are not low income rentals but single owner occupied housing. He indicated he can not speak on behalf of the other complexes in the area. Mr. Franco stated what they are applying for is within the permitted use. He referred to the fence issue and stated the maximum height for a fence is 7 feet. In closing, he indicated it is not their intention to burden any property nearby or in the neighborhood. Barbara Morley referred to Mr. Fogerson's comments and clarified only four homes can be accessed off a private access and no more would be legally allowed. She remarked these properties will all have conditions, covenants and restrictions. Additionally, Ms. Morley said they have talked about utilizing the the 24 foot wide access plus an additional 6 inch curb and in some way provide a 4 foot sidewalk so that there is no developer liability after the properties are sold and a place for small children. Vice Chairperson Cox requested clarification regarding the curbs. Barbara Morley explained they knew they would have to put a catch basin due to the fact that the property - is 're1atively flat although it slopes by inches to 'the street. -They- also intend tt) put a $ix incf'l'cum1Of1" each ~ side because of the topography of the site. Chairperson Youno inquired if there are any plans for CC&R's in this development? Barbara Morley replied there will be a number of restrictions to the property because of the private access. One being the long tenn maintenance of the street and parking on the street She reported residents and visitors are prevented from parking on that street which is why they have added additional parking spaces. Commissioner Griialva interjected this organization has been known for the organizing of the residents for their own maintenance and self-policing. She hopes to hear that a similar plan is being developed for this neighborhood . Barbara Morley said they already have a resident association with a number of committees. Additionally, because they have the home buyer education program they have an opportunity to interface with the buyers and talk about being part of the larger neighborhood. Planning Commission Meeting - October 26, 2000 Page 6 of 9 ,T 8B Commissioner Griialva asked if there will be a Villa del Sol resident association? Barbara Morley responded affirmatively. Commissioner Lima questioned whether there has been any thought of placing speed bumps in the area? Barbara Morley replied they believe speed bumps might not be needed due to the narrowness of the access and the addition of a sidewalk coupled with the fact that there would be a resident association, Vice Chairperson Cox requested clarification on the concept of sidewalks. Barbara Morley clarified they are still in the talking stage of placing sidewalks on at least one side of the street. She stated this issue just came up today. Ms. Morley commented they are talking to the City at this point about this because they do not want developer liability. She indicated the configuration is unclear at this point. DISCUSSION Chairperson Youno closed the public hearing and opened discussion to the Planning Commission. Commissioner Bandelow commented although she understands some of the neighbors concerns when you see six more houses going into a short frontage, the project appears to be very well designed. She said the Variances have a minimal impact on the community. Commissioner Bandelow remarked qualifying for a FHA financing is not a detriment. She indicated FHA financing simply guarantees the loan and right now the limits are approximately $129,000 in Marion County and does not require low income. Additionally, she added she would like to see sidewalks installed. She stated she would vote in favor of the Variance request for this project. 1''!" ........ '!'"' Vice Chairperson Cox remarked it is an excellent project, well planned and the Variances are obviously necessary. He stated he is in favor of the project. However, he does not believe Staff has adequately addressed the issues of access and maintenance. He requested additional conditions be placed on the approval because he believes that conditions should be spelled out as conditions and not just hope to what we would like to do. Vice Chairperson Cox stated the granting of the Variances should be conditioned upon adequate CC&R's to be approved by Staff to cover the responsibility for maintenance of the streets and the other sidewalks and other commonly owned facilities and a provision to assess the cost and provisions in the CC&R's to govern the no parking situation which will exist and that these kinds of provisions should be in the CC&R's. Secondly, he said there should be additional conditions on the approval that there be a $i~k .on aUeast-:on& siee of the street, thaHfte!Streetwha~ Ctut>s and that-it~be "built- t~ate'H -. ., + standards for a residential street. Commissioner Lima remarked we are looking at the merits of the application and not at who is applying for it. Although he likes the concept of the development, he has concerns about the density and parking. Commissioner Lima commented one family alone would not be able to qualify for homes and subsequently two or three families live in the home so that they can afford the mortgage. In closing, he stated if this project is approved it should include sidewalks. Commissioner Griialva provided her statement both in English and Spanish. She reported she is very familiar with FHDC and its work and is very much in favor of the project. Commissioner Grijalva agreed with "-:0 ~ -~-,; ....~ * ~Moo ChilirpersoA C~it isimportant th~farma~~aesoct~"~' ~~.-" the residents in these homes can come together and help with the maintenance of the streets. She also agreed that there should be sidewalks and speed bumps for the safety of the children. Chairperson Youno questioned Staff whether a condition of approval can be made regarding CC&R's or would it be something the developer has the option to require of the buyer? He also inquired if the City has Planning Commission Meeting - October 26, 2000 Page 7 of 9 T 8B standards for sidewalks and curbs on private property? Staff replied you can require that they establish CC&R's and Staff can review and approve the initial CC&R's, However, at that point the City is not a party to the CC&R's, meaning the property owners can subsequently modify them. Staff indicated the Commission does have the authority to require sidewalks. Vice Chairperson Cox moved that the Subdivision and Variance requests be granted subject to the conditions set forth in the Staff Report to include the modifications to the Staff Report mentioned by Staff that would eliminate the sprinkler system in lot #5 and #6 in lieu of a fire hydrant and that the fence that is not on their property would not be a condition that they would have to repair. Furthermore, add conditions that the driveway be constructed to City street standards for a low sloped street, that it have curbs on both sides (rolled curbs if practical), that it have sidewalk at least 4 feet wide on one side of the driveway extending from Park Avenue back to but excluding the hammerhead, that CC&R's be adopted by the developer for the subdivision and approved by Staff covering use of the easement, parking restrictions on the easement, maintenance of the driveway and sidewalk and other common elements. Commissioner Griialva seconded the motion. Motion unanimously carried. FINAL ORDER None DISCUSSION ITEMS A. Site Plan Review 00-26. build a swimminQ pool for the Orchard Green and The Links homeowners on the NW portion of Lot #8 Tukwila PUD. Tukwlla Partners. applicant. (Administrative approval) Commissioner Loneroan moved to accept SPR 00-26. Commissioner Lima seconded the motion, which unanimously carried. REPORTS None BUSINESS FROM THE COMMISSION Chairoerson Youno encouraged everyone in the community to participate in the Helping Hands program which is an effort to work in the downtown area to help pick up and clean up debris as well as small painting projects, clean windows and sweep sidewalks. Commissioner Lima commented he found an article from the Woodburn Independent dated Wednesday, " September 15,1993 regarding loitering, public indecency and drinkingcin public in the Alexandra Avenue-'-. and Alexandra Court neighborhood. He stated this has been going on for seven years and the City Council is aware of the problem and yet nothing has been done to alleviate the problem. Commissioner Lima reported he will go before City Council and hopes to resolve this issue. Vice Chairoerson Cox remarked the City Attorney convinced him that all ex parte contacts including site visits, should be declared on the record at the beginning of the hearing. He explained the reasoning for this is if someone were challenging the decision and they learned that one of the Commissioners had gone out to visit the site, the Commission decision would be set aside by LUBA and remanded back to the City and the whole process would have to be done all over again and cost the City attorney fees. Vice Chairperson Cox suggested each Commissioner declare any ex parte contacts at the beginning of every public hearing application. Chairoerson Youno requested clarification regarding the definition of site visit. Staff explained ex parte contact has to do with the individual Commissioner gaining knowledge or evidence regarding a proposal that everyone else was not privileged to. Planning Ccmmission Meeting - October 26, 2000 Page 8 of 9 r 8B Commissioner Bandelow reported she spoke with Richard Gebheart from the Corps of Engineers. She stated her understanding at this point is that Mr. Tiwari has said that the Corps has turned this project down, She indicated the Corps stated they have not turned it down but are leaning towards that direction because the City has not responded to several suggestions that they have made. One suggestion for mitigating the closure of Goose Creek would be slightly widening the ditch from Boones Ferry Road down towards Mill Creek and having the banks rolled more so that it has a more natural flow and plantings done to encourage the natural growth that would be found in that area. She said this type of project is one being done in Aloha right now where the High School is handling this completely by utilizing the area as a living laboratory. Commissioner Bandelow further reported the other portion either with this type of a project or without would be to go ahead and put in the culvert the way they had proposed but not fill it level. Leaving approximately 2 feet at the center that would go across that could be landscaped and allow flood water to flow more naturally. Additionally, she reported in approximately 1995 it was against State law for any new project to have storm water drained directly into little creeks and streams. Commissioner Bandelow pointed out all of Woodburn drains into little creeks and streams. Staff reminded the Commission that Frank Tiwari, Public Works Director will be coming before the Commission in the near future with the second installment ofthe Storm Water Plan in which the Commission will have an opportunity to ask him questions. Commissioner lima inquired when will the new Safeway be coming before the Commission? Staff replied he had a staff review meeting with Safeway and ODOT where there were a few comments made. He indicated the applicant is in the process of addressing ODOT and City comments. He indicated he is not sure when it will be coming before the Commission but he would expect the applicant to come back fairly soon with the revised plans. Commissioner LonerQan reiterated the point made a few months ago that United Disposal should be involved in the awareness of these developments. He pointed out the importance of what Dave Tuss had to say tonight with the concern of safety and maintenance on roads and how important United Disposal feels about that. Commissioner Lonergan also commented if Dave Tuss had not given his expert testimony in the hearing there would have been a lot of points that would have been lost. Staff interjected this is something that is being addressed. He reported he would like to develop policy guidelines for Staff use and to give out to the applicant that will specify those types of guidelines and standards that would apply to vehicular access for trash trucks and for the actual design of the trash enclosure. Additionally. as far as the development code update, he stated this is an issue we need to address. Staff indicatec:the would like to meet wittrtJniied Disposal representatives once the development - - code is drafted. He stated at this point City Staff is not willing to include United Disposal as part of the Staff Review team because they are a private entity and their primary responsibility is to make a profit. Commissioner Fletcher commented whoever has an exclusive franchise with the City should be in that loop. Staff remarked the Commission would need to address this to the City Administrator and ultimately to the City Council if they wish to pursue this issue further. ADJOURNMENT Commissioner Lima made a motion to adjourn the meeting. Commissioner Fletcher seconded the motion, - -. ~~whiehearried.-MaetinQ"8djoul'fVe&at.tO:Oo- Fl~rn:' . ~~ -- - = , ~ - .... -- ~ - --~ - - - - - APPROVED ROYCE YOUNG, CHAIRPERSON DATE ATTEST Jim Mulder, Date Community Development Director City of Woodburn. Oregon Plannin~ Commission MutinR - October 26. 2000 Page 9 of 9 1T -VVOODBURN -VVORLD'S BERRY CENTER l\1:USEUM 8e 455 North Front Street ~ Woodbum, Oregon 97071 ~ (503) 982-9531 Woodburn City Museum Committee Meeting Minutes for October 2000 Museum Gift S hop ~ October 19} 2000 ~ 7:00 pm 1. Call to Order Meeting called to order in the Museum Gift Shop at 7:10 pm on October 19,2000. Committee Members: Hazel Smith Vance Yoder Cindy Thomas (Chair) Leonard Van Valkenberg Present Present Present Absent Bill Klein Loy Kirksey (Vice-Chair) Amber Velasco Ed K ut Absent Present Present Present Visitors Red Eaden Bob Baynham Present Staff: Matt Smith ndy Westrick as Harvey Present Present II. Committee Business The Committee reviewed August meeting. nimously approved the draft minutes for the III. Presentations Randy Westrick, Woodburn City Recreation and Parks Director, conducted a short presentation regarding the Parks master plan project funding. Following the presentation, the Committee expressed support for the master plan project funding priorities and City efforts to secure that funding. IV. Correspondence None. V. Museum Use Report MNseNm Committee MinNtes October 19, 2000 ~ Page 1 of 3 1T 8e Staff reported that attendance at the Museum peaked in August, and is starting to slow down during the fall months. Staff also noted that over 64% of visitors come from outside the Woodburn community. VI. Discussion Items Name Change. Staff briefly reiterated the previous meetings' discussion regarding the proposed name change from "The Woodburn World's Berry Center Museum" to "The Woodburn Historical Museum." The Committee had agreed with the recommendation, but postponed the final decision until the Museum founders could be asked for their opinion on the issue. The Committee then received comments from Red Eaden and Bob Baynham regarding the proposed name change for the Museum. Mr. Eaden indicated that, as one of the key founders of the Museum, the existing name represents an important link to the past that should not be discarded, a said that he would find it difficult to tell former Museum Board members and teers that the name of the Museum was to be changed. Staff noted that entry records indicate tha e majority of visitors come from outside the Woodburn community, at e visitors, and the majority of the community, are not aware of history e ''World's Berry Center" title. Changing the name of the Mus sta continued, should make it easier for visitors to determine the pu useum, resulting in an increase in attendance due to a broader ed purpose. Staff provided the Committee with a mockup of how the nod be incorporated into the building's facade and letterhead without g the prominence of the ''World's Berry Center" arch. After an extended discussion regarding the merits of each position, Committee member Kahut moved that the name be changed to read "The Woodburn World's Berry Center Historical Museum" to emphasize the historical focus of the Museum, while maintaining the "Berry Center" concept intact. The Committee tentatively agreed, and Committee Chair Thomas moved that the Committee postpone the final decision until the following meeting after staff has developed a revised logo and letterhead for the Committee to consider. The motion was seconded and passed unanimously. Updates. Staff briefly reviewed progress on a number of projects. Cost estimates for the "Movies at the Bungalow Project" total approximately $200 per film, which means that with an average attendance of 20 and a ticket price of $1, the Museum will need to develop additional funding sources for $180 per film. Staff Museum Committee Minutes October 19, 2000 ~ Page 2 of 3 l' 8e recommended that the Museum partner with the Library during the summer for "Movies in the Park," and develop an advertizing program to cover the remaining cost. The Committee unanimously agreed with this continued course of action. Mr. Eaden suggested that the glass slides and slide projector be included in the advertizing program before films. Staff indicated that they will take that under advisement. Staff reviewed the outcome of the Greyhound bus stop move, and identified the new location for the bus stop and the ticketing office. Committee members indicated that the new location should not effect the Museum, and expressed relief that the original application had been retracted. Staff updated the Committee regarding progress toward selecting and hiring a Museum Director, and indicated that the position should be filled by early December. Committee members expressed interest in holding a welcoming ceremony for the new Director at the Museum Grant Application Update/Future of t us Facility. Staff updated the Committee on the progress made towar ev loping a grant application to support identified capital improvement goals. St commended that the project priorities to be supported by the grant applic e a ed to focus on projects that can be moved in the event that the Museum ed to a new location. Staff stated the City is currently considerin e Museum to a new location that would provide additional space for its and coming exhibits. The Committee indicated that the change in 'orities are preferable in light of the changing plans for the Museum f ommittee identified two projects for staff to examine as grant fundin ndi es: upgrading the records storage materials, and the development of a,readi m for visitors to view records currently located upstairs in the Museum office. Staff committed to reviewing these two options, and stated in closing that the Museum Committee will work with staff over the next year to develop a vision for the future of the Museum facilities. VII. Adjourn The Committee adjourned at 8:55 p.m. Museum Committee Minutes October 19, 2000 ,.. Page 3 of 3 r 8D MEMO FROM: ~ City Council through City Administratorft' Public Works Program Manager4/L---- TO: SUBJECT: Status of Consultant Selection to Complete Pilot Study for Proposed Treatment Process for City Water DATE: November 8, 2000 The city requested proposals from consulting firms for a water pilot study to verify the proposed treatment process for removal of iron and manganese from the city water supply. The city also requested the pilot study determine arsenic reductions which are anticipated in the water as a result of the iron and manganese removal. The city received proposals from six firms. The proposals were reviewed by city staff members and after this review it was the consensus of staff that HDR Engineering Inc. was best suited for the work required by the city. The selection will be discussed by the Water Master Plan Committee at their November meeting. After Water Master Plan Committee review, a contract will be negotiated with the selected consultant and presented to Council for approval. ~ City of Woodburn Police Department Staff Report 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-2352 Date: October 27, 2000 From: Paul Null, Chief of Poli e To: Mayor and City Council . (\J John Brown, City Administrator fr Through: Subject: Sound Amplification Permit - Woodburn Company Stores Ordinance 1900, 3, (5) The use or operation of an automatic or electric piano, phonograph, loudspeaker or sound-amplifying device so loudly as to disturb persons in the vicinity thereof or in such manner as renders the same a public nuisance; provided however, that upon application to the Council permits may be granted to responsible persons or organizations to broadcast programs of music; news speeches or general entertainment. The police department has received a request for a sound amplification permit from Michelle Daily, Marketing Director, Woodburn Company Stores. The request is for Sunday, November 19, 2000, from 6:00 - 6:30 p.m. The permit js .to allow for live. ' musical entertainment in conjunction with a Christmas tree lighting ceremony at Woodburn Company Stores. The event is open to the community. Recommendation: The City Council approve a sound amplification permit for Woodburn Company Stores on Sunday, November 19, 2000, for the hours of 6:00 - 6:30 p.m. ,T 8E October 18, 2000 John Brown City Administrator City of Woodbum 270 Montgomery Street Woodbum, OR 97071 Dear John: RECEIVED OCT 2 3 2000 8E Woodbum Company Stores would like to request a pennit for amplification on November 19, 2000. November 19th will mark the second armual tree lighting at Woodbum Company Stores. Our Oregon grown Christmas tree will stand 68' tall and be decorated and lit. The tree lighting ceremony, which is being held on a Sunday evening this year will provide family entertainment for all. Our entertainment will include Johnny Limbo and the Lugnuts, Frosty the Snowman, Rudolf and of course, Santa Claus. We are also guaranteeing snow this year! We plan to entertain the audience from , . 6:00 p.m. to 6:30 p.m. Please let me know if you require further information prior to issuing the pennit. /Y"~~ WOODBUBN COMPANY STORES 1001 Arney Road, #508, Woodburn, Oregon 97071 503-981-1900 Fax 503-982-7434 www.woodburncompanystores.com r 8F NP OiEO< U5nNG FOR THE MONTH OF OCTOBER 2000 CHECK DEPARTMENT VENDOR NAME VENDOR DATE AMOUNT NO NO 52483 POSTAGE MTR-VARIOUS US POSTAL SERVICE 020089 10/1/00 $1,400.00 52484 PAYROll-VARIOUS OREGON PERS 014424 10/2100 $98.38 52485 SERVICES-WATER VAU.EY MAIUNG 021044 10/6/00 $678.40 52486 INVESTIGATION5-POUCE SCOTT 0 RUSSELL 017370 10/9/00 $5,000.00 52487 SERVICES-WTR/PKS VAllEY MAIUNG 021044 10/12/00 $832.20 52488 VOID VOID VOID $0.00 52489 VOID VOID VOID $0.00 52490 VOID VOID VOID $0.00 52491 SERVICES-WWTP SHILO INN NONE 10/13/00 $363.63 52492 SUPPlIES-POUCE ENTENMANN-ROVIN NONE 10/13/00 $483.00 52493 SERVICES-WWTP OR DEPT OF <X>NSUMER 014199 10/13/00 $75.00 52494 SERVICES-WWTP NAT TEOiNOLOGY TRANS NONE 10/13/00 $2,390.00 52495 SERVICES-STREET EVENT SOlUTIONS NONE 10/13/00 $360.00 52496 SUPPUES-POUCE ASS NONE 10/13/00 $695.00 52497 SERVICES-WWTP ABLE ~E INC 000035 10/13/00 $185.00 52498 SERVICES-ENG AEROTEK INC 000080 10/13/00 $365.00 52499 REIMBURSE-POlICE JASON ALEXANDER 000120 10/13/00 $23.88 52500 SUPPlIES-WWTP PIONEER AMERICA 000136 10/13/00 $640.00 52501 SERVICES-VARIOUS AROi PAGING 000535 10/13/00 $211.97 52502 SERVICES-VARIOUS AT&T 000623 10/13/00 $79.47 52503 SERVICES-POIlCE 8M Cl.EANlNG SERV 001030 10/13/00 $200.00 52504 SUPPUES-POUCE BATTERY SOLUTIONS 001160 10/13/00 $186.01 52505 SERVICES-AnY BERRY 8: ElSNER UP 001230 10/13/00 $1,353.19 52506 SUPPUES-ENG BIMART OORP 001275 10/13/00 $57.35 52507 SERVICES-VARIOUS BOLDT,CARUSLE 001345 10/13/00 $175.00 52508 SERVICES-PlAN ROOER BUDKE 001580 10/13/00 $1,912.50 52509 SERVICES-WWTP 0iM2 HIll. 002478 10/13/00 $4,173.70 52510 SUPPUES-ENG CX>MARK GOVT 002684 10/13/00 $709.46 52511 SERVlCES-ENG CRANE a MERSETH 002896 10/13/00 $3,868.95 52512 SUPPUES-POlICE CRYSTAL. SPRINGS 002919 10/13/00 $39.00 52513 ~ SERVICES-STREET ~ , 'DAiLY JOORNAl . "'. 003020 ~~ '=10/13/00' ,. , . $19~SO' 52514 RBMBURSE-POUCE AlLEN DEVAULT 003217 10/13/00 $150.00 52515 SERVICES-FINANCE DIRECT UNK 003240 10/13/00 $315.00 52516 SERVlCES-PARKS ORC ENTERPRISES oo3V3 10/13/00 $8,440.00 52517 RBMBURSE-POUCE UNDA EUBANK 004280 10/13/00 $n.35 52518 SERVICES-WATER FCS GROUP INC 005072 10/13/00 $4,380.00 52519 SUPPUES-POUCE FOTO MAGIC 005258 10/13/00 $15.32 52520 SERVICES-STREET F&S SEOJRITY 005375 10/13/00 $528.00 52521 SERVICES-POLICE TONY HALTER 007044 10/13/00 $200.00 52522 SERVICES-STREET HIRE CAUlNG 007240 10/13/00 $1,026.04 - S"LS23 - SERViCES-PUB WKS EDAOCJ[EY . ~...~ -~- 1lO7301 ~TO/13/00 $4OOCOO' - ~ ~ . .~ 52524 SERVICES-SELF INS HUGGINS INSURANCE 007333 10/13/00 $1,484.00 52525 SUPPL.IE5-WWTP IND WElDING 008100 10/13/00 $31.50 52526 SERVICES-FINANCE IKON TEOi SERV 008117 10/13/00 $1,200.00 52527 SUPPUES-PARKS IOS CAPITAL 008118 10/13/00 $265.00 52528 SERVlCES-C STORES IKON OFFICE 008119 10/13/00 $380.38 52529 SERVICES-VARIOUS JOBS AVAIlABLE 009105 10/13/00 $266.80 Page 1 r 8F NP OiEO< usnNG FOR THE MONTH OF OCTOBER 2000 52530 SERVICES-POUCE KEY INVESTMENTS 010080 10/13/00 $3,488.00 52531 SERVICES-VARIOUS TlMO T KORKEAKOSKI 010298 10/13/00 $13,490.90 52532 SERVICES-VARIOUS LEAGUE OF OR onES 011110 10/13/00 $14.00 52533 SERVICES-UBRARY UNCC 011238 10/13/00 $518.00 52534 SERVICES-WATER UNOS MARKET 011240 10/13/00 $30.00 52535 SERVICE5-COURT LOCAL GOVT PERS'L 011300 10/13/00 $195.00 52536 SERVICES-PUB WKS MARION CTY a.ERK 012087 10/13/00 $31.00 52537 SERVICE5-POUCE MARION CTY DISr ATTY 012100 10/13/00 $5,000.00 52538 SERVICES-PARKS MARION CTY SURVEYOR 012200 10/13/00 $31.00 52539 SERVICES-VARIOUS MARION CTY TREASURY 012223 10/13/00 $522.63 52540 SUPPUES-POlICE MARION SALEM DATA 012228 10/13/00 $108.50 52541 SUPPLIES-STREET MCCORMIO< BARKDUST 012350 10/13/00 $95.00 52542 SUPPUES-STREET MCGUIRE BEARING 012384 10/13/00 $8.78 52543 SUPPllES-VARIOUS METROFUEUNG 012448 10/13/00 $1,751.96 52544 SUPPUES-STREET MID VAllEY DAIRY 012468 10/13/00 $399.00 52545 SUPPUES-WWTP MILES OiEVROLEf 012490 10/13/00 $31.00 52546 SERVICES-TRANSIT MOBILITY WORKS INC 012550 10/13/00 $2,006.14 52547 SUPPUES-VARIOUS NATl BUSINESS FURN 013023 10/13/00 $466.00 52548 REIMBURSE-BUILD DAN NELSON 013151 10/13/00 $23.24 52549 SERVICES-ADMIN NIOOLI ENG 013192 10/13/00 $682.65 525SO SERVICES-POUCE NORCOM 013198 10/13/00 $21,463.75 52551 SERVICES-ENG NW GEOTEOi INC 013287 10/13/00 $496.30 52552 SERVICES-VARIOUS NW NATURAL GAS 013350 10/13/00 $54.39 52553 REIMBURSE-POUCE PAUL NULL 013420 10/13/00 $286.85 52554 SERVICES-ENG ONSITE ENVIRON 014055 10/13/00 $1,531.10 52555 SERVICES-PARKS OR DEPT OF CONSUMER 014199 10/13/00 $205.36 52S56 SERVlCE5-BUILD OR DEPT OF CONSUMER 014200 10/13/00 $1,018.49 52557 SUPPl..IES-POL.ICE OR OMV 014240 10/13/00 $39.00 52558 SUPPLIES-POlICE OR FIRE EQUIPMENT 014304 10/13/00 $67.50 52559 SERVICES-VARIOUS OREGONIAN PUBUSH 014653 10/13/00 $1,844.45 52S60 SUPPlIES-fINANCE PARADIGM PRESS 015114 10/13/00 $49.50 52561 SERVICES-POUCE LAWRENCt:: PARADIS 015115 10/13/00 $80.00 '52562"- REIMBURSE-UBRARY .- - MARY PARRA - c 015168 10/13/00 - ! $17.00' 52563 SUPPUES-STREET PAULS SMALL MTR 015175 10/13/00 $12.26 52564 SERVIces-VARIOUS PORT GENERAL ELEC 015420 10/13/00 $32,171.03 52565 SERVIces-WATER PORT GENERAL ElEC 015422 10/13/00 $953.80 52566 SUPPUES-STREET PUBUC WORKS SUPPLY 015648 10/13/00 $300.00 52567 SUPPUES-WWTP RED WING SHOE 017138 10/13/00 $400.55 52568 SUPPllES-UBRARY SALEM TROPHY 018141 10/13/00 $64.00 52569 SERVICES-WWTP SOfNEIDER EQUIPMENT 018258 10/13100 $661.00 52570 SUPPLIES-PARKS SEW &. VAOJUM CTR 018405 10/13/00 $104.06 52571 SUPPUES-POUCE SHOOTER MERCANTlLE 018453 10/13/00 $2,682.00 - 52572 SUPPUEs:P~- STEARNS INC 018781- - ID!13/00 ,- -$4123.11 - - --- - -_.. 52573 SUPPUES-POUCE STOP 5na< 018794 10/13/00 $1,496.45 52574 SERVIces-ADMIN SUSSMAN SHANK 0188n 10/13/00 $438.00 52575 SUPPUES-POLICE TAYLOR MOlORCYQf 019033 10/13/00 $83.05 52576 SERVICES-ENG TEl< SYSTEMS 019046 10/13/00 $1,840.00 525n REIMBURSE.(X)lJRT MARY lENNANT 019055 10/13/00 $155.64 52578 SUPPUES-VARIOUS US OFFICE PRODUCTS 019100 10/13/00 $1,000.27 Page 2 ,. 8F NP QiE(]( USITNG FOR THE MONTH OF OCTOBER 2000 52579 REIMBURSE-POLICE SARAH TOTTEN 019188 10/13/00 $17.24 52580 SUPPlIES-STREET UNOCAL ERNIE GRAHAM 020010 10/13/00 $543.52 52581 SERVICES-VARIOUS UNITED DISPOSAL 020020 10/13/00 $2,1n.86 52582 SERVICES-PUB WI<S URBAN FORESTRY 020044 10/13/00 $456.00 52583 SUPPLIES-C GARAGE US WEST DIRECT 020092 10/13/00 $32.05 52584 SERVICES-VARIOUS US WEST COMM 020095 10/13/00 $281. 76 52585 SERVICES-PARKS VERlZON WIRELESS 021123 10/13/00 $19.14 52586 SUPPlIES-WATER VIESKO QUALlTY 021140 10/13/00 $260.05 52587 SUPPUE5-UBRARY WALMART STORES 022035 10/13/00 $53.57 52588 REIMBURSE-DAR BRENDA WIUIAMS 022394 10/13/00 $36.00 52589 SUPPUEs-PARKS WI1liERS LUMBER 022445 10/13/00 $18.73 52590 SERVICES-NON DEPT OiAMBER OF COMMERCE 022510 10/13/00 $2,000.00 52591 SUPPUES-STREET WBN FERTIUZER 022590 10/13/00 $25.09 52592 SERVICES-VARIOUS WBN INDEPENDENT 022630 10/13/00 $347.90 52593 SUPPUES-STREET WBN RENT ALl 022708 10/13/00 $8.00 52594 SUPPUES-VARIOUS YES GRAPHICS 024025 10/13/00 $3,060.00 52595 PETTY CASH-VARIOUS OTY OF WOODBURN 015255 10/13/00 $151.78 52596 SERVICES-WTR/PKS VAUEY MAIUNG 021044 10/19/00 $710.20 52597 VOID VOID VOID $0.00 52598 VOID VOID VOID $0.00 52599 VOID VOID VOID $0.00 52600 SUPPLIES-UBRARY A BERGER NONE 10/20/00 $28.95 52601 SERVICES-ADMIN OXFORD SUITES NONE 10/20/00 $176.18 52602 SERVICES-POLICE MK BALLISTICS NONE 10/20/00 $260.00 52603 SERVICES-POLICE OAO<AMAS CTY SHERIFFS NONE 10/20/00 $75.00 52604 SERVICES-POLICE 0CfA NONE 10/20/00 $35.00 52605 REIMBURSE-ADMIN BETIY GUZMAN NONE 10/20/00 $25.00 52606 SERVICES-UBRARY 0lA NONE 10/20/00 $25.00 52607 SUPPlIES-WWTP ABIQUA SUPPLY 000034 10/20/00 $1,250.00 52608 SERVICES-CNG AEROTEK INC 000080 10/20/00 $165.00 52609 SUPPLIES-POlICE A1S FRUIT 000160 10/20/00 $70.00 52610 SUPPUES-UBRARY AM INSTITUTE FOR ED 000240 10/20/00 $149.85 52611 SUPPllES-STREET A-1 rouPLING 000409 10/"J!j/OO $79.~ 52612 SERVICES-UBRARY A-QUAUTY 1WEWRITER 000420 10/20/00 $149.35 52613 SERVICES-WATER ARAMARK UNIFORM 000534 10/20/00 $41.35 52614 SERVICES-VARIOUS Mot PAGING 000535 10/20/00 $36.27 52615 SUPPllES-UBRARY AWMDS &. ATHlETl<S 000580 10/20/00 $19.50 52616 SERVICES-VARIOUS AT&T 000623 10/20/00 $29.54 52617 SERVICESroLICE AT&T LANGUAGE UNE 000659 10/20/00 $631.35 52618 SERVICJ:S-PU8 WKS AWWA 000665 10fHj!OO $218.00 52619 SUPPlIES-STREET BEN-Ko-MATIC 001200 10/20/00 $813.98 52620 SUPPUES-WTR BENSON IND 001215 10/20/00 $l,~.OO - ---" - 52b21 ' SUPPUES-P6UCE . BL~UNlliORfl4; -F--'~_-OQ1.UQ. ~ ...10/20/00 -r $1~06!~59~. ~'.,. - - 52622 SUPPUES-UBRARY BOOK FARM 001347 10/20/00 $311.05 52623 SUPPUES-UBRARY BOOK WHOLESALERS 001350 10/20/00 $52.09 52624 SERVICES-lIBRARY otEMEKETA OOMM oou. 002410 10/20/00 $11100.00 52625 SUPPUES-FINANCE DATA roMM WHSE 003049 10/20/00 $510.98 52626 SUPPlIES-lIBRARY DOVER PUBLICATIONS 003265 10/20/00 $63.34 52627 SUPPUES-POLICE GAllS INC 006011 10/20/00 $657.92 Page 3 ,. AlP OiEO< usnNG FOR THE MONTH OF OCTOBER 2000 8F 52628 SUPPUES-UBRARY GALE GROUP 006015 10/20/00 $42.67 52629 SERVICES-lIBRARY GE CAPITAL 006079 10/20/00 $167.63 52630 SUPPUES-UBRARY HIGH HAVEN MUSIC 007212 10/20/00 $52.80 52631 SUPPlIE5-UBRARY HIGHSMITH ro 007215 10/20/00 $17.49 52632 SERVICES-STREET HIRE CALliNG 007240 10/20/00 $513.02 52633 SERVICES-VARIOUS IOS CAPITAL 008118 10/20/00 $903.13 52634 SUPPllES-WWTP IKON OFFICE 008119 10/20/00 $25.51 52635 SERVICEs-.BUILDING INll.. CONF OF BUILDING 008290 10/20/00 $195.00 52636 REIMBURSE-fINANCE GERAlD lEIMBAOi 011190 10/20/00 $101.94 52637 SERVICES-PARKS LBSINGER DESIGNS 011202 10/20/00 $8/649.91 52638 SUPPUE5-ATIY lEXIS LAW PUB 011218 10/20/00 $52.88 52639 SUPPl1E5-POllCE UGHTNING POWDER 011230 10/'21)/00 $101.40 52640 SUPPlIES-VARIOUS METROFUEUNG 012448 10/20/00 $1,668.25 52641 SUPPUES-UBRARY MULTNOMAH PUBlISH 012686 10/20/00 $61.69 52642 SUPPlIE5-UBRARY NATL GEOGRAPHIC 013060 10/'21)/00 $13.90 52643 SERVICE5-PU8 WKS NATL soaETY OF PRO ENG 013100 10/20/00 $172.00 52644 SUPPlIES-PARKS NLC SPORTS 013193 10/20/00 $560.75 52645 SUPPUE5-WWTP NORTH CREEK ANAL YTIeAL 013216 10/20/00 $472.00 52646 SUPPLIE5-UBRARY OFFICE DEPOT 014029 10/20/00 $279.95 52647 SUPPUES-BUItD OFFICE MAX 014031 10/20/00 $1/201.41 52648 SERVICES-ENG ONSITE ENVIRON 014055 10/20/00 $665.15 52649 SUPPUES-BUItDING OR BUILDING OFFIOAlS 014125 10/20/00 $451.68 52650 SUPPLIES-PUB WKS PAOAC OFFICE 015042 10/20/00 $116.00 52651 SUPPUE5-PARKS POSITIVE PROMOTIONS 015464 10/20/00 $87.69 52652 SUPPUES-UBRARY RECORDED BOOKS 017102 10/20/00 $193.20 52653 SUPPlIES-AnY SHEPARDS 018430 10/20/00 $681.42 52654 SERVICES-llBRARY SIERRA SPRINGS 018460 10/20/00 $28.50 52655 SUPPlIES-STREET S.O.S. LOO< SERV 018608 10/20/00 $455.25 52656 SERVICES-PLAN SPENCER &. KUPPER 018693 10/20/00 $6/680.00 52657 REIMBURSE-llBRARY UNDA SPRAUER 018710 10/20/00 $65.00 52658 SERVICES-TRANS STATESMAN JOURNAl 018760 10/20/00 $1,413.25 52659 SUPPUE5-DAR nEro 019003 10/20/00 $120.00 52660: SERVlCES-fNG TEK SYSTEMS 019046 10/20/00 $920.00 52661 SUPPlIES-VARIOUS US OFFICE PROO 019100 10/20/00 $469.n 52662 SUPPUES-STREET UNOCAl.:ERNIE GRAHAM 020010 10/20/00 $603.78 52663 SERVICES-STREET UNITED DISPOSAL 020020 10/20/00 $3/849.28 52664 SUPPUE5-UBRARY us TOY co 020088 10/20/00 $47.85 52665 SERVICES-PUB WKS VALLEY PAaFIC 021046 10/20/00 $29.90 52666 SUPPIJES..LIBRARY VHPS 021136 10/20/00 $108.76 52667 SERVICES-POllCE VP CONSULTING 021260 10/20/00 $22,610.00 52668 REIMBURSE-PARKS KA11-IY WILLCOX 022390 10/20/00 $70.10 52669 SERVICES-ADMIN OtAMBER OF COMMERCE 022510 10/20/00 $150.00 "- .-.... .~: . 52670 - 'sERVICEs-cA8J...E"1' ' ~- r W8N OOMM Aa:fSS TV . -022547 ~~tC1/2flfOO $6,390.71 52671 SERVICES-WATER waN GARAGE DOOR 022605 10/20/00 $21980.00 52672 SERVlCES-PUB WKS WBN INDEPENDENT 022630 10/20/00 $86.25 52673 SUPPlIES-POlICE YES GRAPHICS 024J025 10/20/00 $641.00 52674 SUPPUES-WWTP ZEE MEDICAL 025070 10/20/00 $59.40 52675 PE11Y CASH-VARIOUS OTY OF WOODBURN 015255 10/'}1)/00 $116.12 52676 SERVlCES-WTR/PKS V~ MAIUNG 021044 10/26/00 $578.40 Page 4 " NP OlEO< USTlNG FOR THE MONTH OF OCTOBER 2000 8F 526n VOID VOID VOID $0.00 52678 VOID VOID VOID $0.00 52679 VOID VOID VOID $0.00 52680 SUPPUES-UBRARY VERIZON YELLOW PAGES NONE 10/27/00 $31.60 52681 SERVICES-PARKS KYlE HENDERSON NONE 10/27/00 $90.00 52682 SERVICES-PARKS RICKY OiACON NONE 10/27/00 $88.00 52683 SERVICES-PARKS JOEL LEON NONE 10/27/00 $90.00 52684 SERVICES-PARKS OiRIS SCHROEDER NONE 10/27/00 $108.00 52685 SERVICES-PARKS FRANCISCO IBANEZ NONE 10/27/00 $119.00 52686 SERVICES-PARKS ISIDRO MEJIA NONE 10/27/00 $36.00 52687 SERVICES-PARKS OSCAR LOPEZ NONE 10/27/00 $93.00 52688 SERVICES-PARKS JAVIER AYAlA NONE 10/27/00 $97.00 52689 SERVICES-PARKS JOSH TITTlE NONE 10/27/00 $41.00 52690 SERVICES-PARKS ISRAEL TORRALBA NONE 10/27/00 $76.00 52691 SERVICES-PARKS SARAH LOPEZ NONE 10/27/00 $101.00 52692 SERVICES-PARKS MARIO TAVERA NONE 10/27/00 $86.00 52693 SERVICES-PARKS MEUSSA TITTlE NONE 10/27/00 $53.00 52694 SERVICES-PARKS BRIAN RANNIGAN NONE 10/27/00 $250.00 52695 SERVICE5-PARKS NIGEL ORDEX NONE 10/27/00 $60.00 52696 SERVICES-PARKS RAFAEL PElAEZ NONE 10/27/00 $216.00 52697 SERVICES-PARKS JOSE BAROOO NONE 10/27/00 $100.00 52698 SERVICES-PARKS YOTZIN PELAEZ NONE 10/27/00 $140.00 52699 SERVICES-PARKS ANTONIO MENDEZ NONE 10/27/00 $30.00 52700 SERVICES-PARKS JOSE MARIA NONE 10/27/00 $90.00 52701 SERVICES-PARKS JOSE LUIS MENDOZA NONE 10/27/00 $48.00 52702 RERJND-WTR/SWR WASHINGTON MUTUAL NONE 10/27/00 $471.83 52703 SUPPllE5-UBRARY UNIVERSAL MAP NONE 10/27/00 $164.00 52704 SERVlCEs-POlICE US WEST COMM NONE 10/27/00 $1.80 52705 SERVICE5-POLICE CXX>E 4 NONE 10/27/00 $78.00 52706 SIDEWALK SUB-STREET MARY OiAM8ERLAIN NONE 10/27/00 $268.50 52707 SERVICES-VARIOUS N!JA PEST CONTROL 000011 10/27/00 $388.50 52708 SERVICES-PARKS ACE SEPllC 000031 10/27/00 $576.54 52709 SERVICES-ENG AEROTEK INC 000080 10/27/00 $155.00 52710 stJPPUES.UBRARY AFRICAN AMERICAN PUB 000085 10/27/00 $441.00 52711 SUPPUEs-WWTP PIONEER AMERICA 000136 10/27/00 $640.00 52712 SUPPllES-WWTP ALS FRUIT 000160 10/27/00 $496.76 52713 SERVICES-PARKS ALPHA PEST CONTROL 000165 10/27/00 $129.00 52714 SUPPtlES-UBRARY AM INS1TTUTE FOR ED 000240 10/27/00 $149.85 52715 SERVICE5-WAlER AMTEST OREGON 000400 10/27/00 $332.50 52716 SERVICES-lIBRARY A-QUAUTY TYPEWRITER 000420 10/27/00 $82.75 52717 SERVICES-VARIOUS ARAMARK UNIFORM 000534 10/27/00 $1,179.69 52718 SUPPLIES-STREET ARIES INO INC 000537 10/27/00 $34.83 52719 SUPPUES-PUB WKS AR1lS11C SIGNS 000540 10/27/00 $20.00 52no SERVICES-POl.ICE AUTO AODmONS 000558 10/27/00 $356.27 52721 SERVICES-VARIOUS AT&T 000623 10/27/00 $29.n 52722 SERVICES-PARKS METROCAlL 000655 10/27/00 $14.03 52723 SUPPUES-PARKS HOUSEHOLD BANK 001199 10/27/00 $608.75 52n4 SUPPUEs-VARIOUS BIMART roRP 001275 10/27/00 $821.15 52725 SUPPUES-POUCE BOISE CASCADE 001357 10/27/00 $359.50 Page 5 l' 8F AlP OiEO< usnNG FOR THE MONTH OF OCTOBER 2000 52726 SERVICES-WWTP BROWN & CAlDWELL 001573 10/27/00 $51,413.17 52727 SUPPLIES-STREET CANBY SAND 002060 10/27/00 $160.40 52728 SERVICES-WWTP CARlSON TESTING 002140 10/27/00 $151.00 52729 SUPPLIES-PARKS CASCADE COLUMBIA 002218 10/27/00 $710.00 52730 SUPPlJES-PARKS CASCADE POOLS 002226 10/27/00 $1,057.32 52731 RETAINAGE-WWTP CITY OF WOODBURN 002525 10/27/00 $35,563.59 52732 SUPPlIES-VARIOUS COASTAL FARM 002625 10/27/00 $556.78 52733 SERVICES-<X>URT MARGOT COMlEY 002686 10/27/00 $268.75 52734 SERVICES-WWTP CORP INC 002879 10/27/00 $190,312.02 52735 SERVICES-PUB WKS ~E & MERSETH 002896 10/27/00 $3,518.20 52736 SUPPUES-WWTP CRONATRON WELDING 002915 10/27/00 $430.06 52737 SUPPlIES-VARIOUS DAVISON AUTO PTS 003080 10/27/00 $523.89 52738 SERVICES-WATER DC DOORS 003097 10/27/00 $250.80 52739 SUPPllES-UBRARY DOVER PUB 003265 10/27/00 $68.41 52740 SUPPUES-WTR/ST DSU PETERBUIl T 003285 10/27/00 $48,500.00 52741 SUPPUE5-PARKS EMERALD POOL 004150 10/27/00 $694.28 52742 SERVICES-PARKS ENGElMAN ELECTRIC 004190 10/27/00 $1,488.14 52743 SUPPUES-WWTP FAMIUAN NW 005030 10/27/00 $6,095.86 52744 SUPPLIes-STREET FARM PlAN 005062 10/27/00 $29.42 52745 SERVICES-WWTP FIRST CASCADE CORP 005130 10/27/00 $9,089.00 52746 SUPPlIES-PARKS ASHERS PUMP 005147 10/27/00 $304.34 52747 SERVICE5--WWTP JAMES W FOWlER 005215 10/27/00 $675,708.23 52748 SUPPUES-POLICE FOTO MAGIC 005258 10/27/00 $125.96 52749 SUPPUE5-UBRARY GRACE PRODUCTS 006272 10/27/00 $210.00 52750 SUPPlES-VARIOUS GW HARDWARE 006405 10/27/00 $1,354.88 52751 SUPPlIES-POllCE Hill. YERS MID CITY 007228 10/27/00 $189.92 52752 SERVICES-STREET HIRE CAWNG 007240 10/27/00 $503.75 52753 SUPPUES-WATER HOME DEPOT oon80 10/27/00 $325.14 52754 SUPPlIES-WWTP INDUSTRIAL lABSCALES 008076 10/27/00 $359.50 52755 SUPPlIES<: GARAGE INDUSTRIAL WElDING 008100 10/27/00 $41.10 52756 SUPPlIES-UBRARY INGRAM DIST 008116 10/27/00 $1,816.89 52757 SERVICES-FlNANCE IKON TEOi SERV 008117 10/27/00 $1,275.00 52758 SERVICES-VARIOUS - IKON OFFICE 008119 10/27/00 $280.53 52759 SUPPUES< GARAGE INTERSTATE AUTO PTS 008295 10/27/00 $165.66 52760 SERVICES-POLICE KEY INVESTMENTS 010080 10/27/00 $3,592.64 52761 SERVICES-STREET WilliAM KOSTENBORDER 010297 10/27/00 $7,500.00 52762 SUPPlIES-UBRARY KRAUSE PUB 010300 10/27/00 $22.26 52763 SUPPllES-VARIOUS LaL BUILDING 011010 10/27/00 $895.57 52764 RBMBURSE-FINANCE GERALD lEIMBAOi 011190 10/27/00 $99.93 52765 SUPPlIES-UBRARY lEISURE ARTS 011205 10/27/00 $24.91 52766 SUPPUES-PARKS UNOOlN EQUIPMENT 011250 10/27/00 $89.50 52767 SERVICES-WWTP UNN BENTON CX>MM COL 011280 10/27/00 $434.99 52768 SUPPllES-PtAN MARION C1Y TREASURY 012223 10/27/00 $14.47 52769 SUPPlIES-PARKS MARION ENVIRON SERV 012227 10/27/00 $12.20 52nO SUPPUES-UBRARY MARSHAlL CAVENDISH 012235 10/27/00 $457.61 52nl SUPPlIES-TRANSIT METRORJEUNG 012448 10/27/00 $465.16 52m SUPPUES-WWTP MR P'S AUTO PTS 012510 10/27/00 $27.12 52m REIMBURSE-PlAN JIM MUlDER 012670 10/27/00 $58.75 52n4 SUPPUES-VARIOUS NEOPOST 013154 10/27/00 $1,137.00 Page 6 ~ 8F AlP OiEO< USTING FOR THE MONTH OF OCTOBER 2000 52n5 SERVICES-VARIOUS NEXTEL COMM 013188 10/27/00 $897.15 52n6 SERVICE5-PARKS NORTH OOAST ELEC 013215 10/27/00 $126.15 52m SERVICES-VARIOUS NW NATURAL 013350 10/27/00 $2,118.28 52n8 SERVICES-WWTP OCTINC 014020 10/27/00 $54.00 52n9 SUPPlIES-PLAN OFFICE MAX 014031 10/27/00 $245.97 52780 SERVICES-UBRARY OMSI 014046 10/27/00 $1,350.00 52781 SERVICES-ENG ONSITE ENVIRON 014055 10/27/00 $1,556.20 52782 SERVICES-BUILD OR DEPT OF CONSUMER 014200 10/27/00 $1,618.11 52783 SUPPUES-ATTY OREGON STATE BAR 014500 10/27/00 $70.00 52784 SUPPUES- TRANS PAOAC PRINTERS 015058 10/27/00 $209.60 52785 SUPPLIE5-PARKS PAULS SMALL MTR 015175 10/27/00 $95.40 52786 SUPPUE5-PARKS PEPSI OOLA 015225 10/27/00 $545.60 52787 SUPPLIES-UBRARY PENWORTHY 00 015226 10/27/00 $29.71 52788 SUPPlIES-PARKS PROMOTIONS WEST 015563 10/27/00 $158.40 52789 SERVICES-WATER RADIX OORP 017035 10/27/00 $256.74 52790 SUPPlIES-UBRARY REGENT BOOK 017148 10/27/00 $23.64 52791 SERVICES-STREET WALT ROBERTS OONST 017295 10/27/00 $200.00 52792 SUPPUES-PARKS ROTHS IGA 017340 10/27/00 $20.20 52793 SUPPUES-VARIOUS LES SOfWAB TIRE 018300 10/27/00 $1,551.31 52794 REIMBURSE-PARKS BRIAN SJOTHUN 018456 10/27/00 $824.70 52795 SERVICES-WWTP SIERRA SPRINGS 018460 10/27/00 $128.50 52796 SERVICES-POUCE SILVER TON HOSPITAL 018480 10/27/00 $52.50 52797 SERVICES-PARKS SONrrROL 018605 10/27/00 $50.00 52798 SERVICES-STREET 50S Loa< SERV 018608 10/27/00 $11.00 52799 SUPPUES-UBRARY SOUTHEASTERN BOOK 018627 10/27/00 $938.83 52800 SERVICES-PARKS ST VINCENT DE PAUL 018720 10/27/00 $1,367.95 52801 SERVICES-STREET 301 LLC 019004 10/27/00 $3,480.00 52802 SUPPUE5-POllCE TACTICAL OOMMAND 019006 10/27/00 $44.00 52803 SERVICES-ENG TEK SYSTEMS 019046 10/27/00 $1,840.00 52804 SUPPlIES-VARIOUS US OFFICE PROD 019100 10/27/00 $879.44 52805 SERVICES-PARKS TIMS DIESEL TRUO< 019167 10/27/00 $2,063.32 52806 SERVICES-WATER WES &. ZINAIDA TORAN 019183 10{27/00 $1,400.00 52807 SUPPUES-PAAKS - ---. I1UAD TEOi INC 019246 - 10/27/00 - - $46.82 52808 SUPPlIES-WWTP UNOCAl:ERNIE GRAHAM 020010 10/27/00 $159.30 52809 SERVICE5-FINANCE UNITED DISPOSAl 020020 10/27/00 $1,126.20 52810 SUPPUES-WWTP USA BLUEBOOK 020046 10/27/00 $248.70 52811 SUPPUES-UBRARY USWEST DlRECf 020092 10/27/00 $114.28 52812 SERVICES-FINANCE US WEST OOMM 020095 10/27/00 $216.00 52813 SERVICES-VARIOUS VERIZON WIRElESS 021124 10/27/00 $1,056.22 52814 SUPPllES-PARKS VIESKOQUALfTY 0211~ 10/27/00 $720.73 52815 SUPPUE5-VARlOUS WALMART STORES 022035 10/27/00 $84.34 52816 SUPPUES-AnY WEST GROUP 022160 10/27/00 $157.00 52817 SUPPl.1ES-UBRARY WESTON WOODS 022250 10/27/00 $217.46 52818 SERVICES-PARKS WILL 0iAP RED CROSS 022328 10/27/00 $51.36 52819 REIMBURSE-PARKS KATHY WILLOOX 022390 10/27/00 $23.92 52820 SUPPUE5-UBRARY HW WILSON 00 022418 10/27/00 $104.00 52821 SERVICES-PARKS WOlFERS HEATING 022460 10/27/00 $476.29 52822 SUPPUES-VARlOUS WBN FERTIUZER 022590 10/27/00 $1,604.50 52823 SERVICES-POUCE WBN FLORIST 022600 10/27/00 $43.00 Page 7 T r ,.". 8F AlP OlEO< U5nNG FOR THE MONTH OF OCTOBER 2000 52824 SERVICES-W\NTP WBN RADIATOR 022700 10/27/00 $75.00 52825 SUPPUES-PARKS WBN RENT All. 022708 10/27/00 $807.21 52826 SERVICES-PARKS XEROX CORP 023020 10/27/00 $288.00 52827 SUPPUES-UBRARY YES GRAPHICS 024025 10/27/00 $14.00 52828 REIMBURSE-RSVP FRAN HOWARD 035270 10/27/00 $35.00 52829 REIMBURSE-RSVP ALMEDA QUIRING 035608 10/27/00 $13.00 52830 REIMBURSE-RSVP JUNE WOOOCOO< 035648 10/27/00 $26.00 52831 REIMBURSE-RSVP JAY WOODS 035763 10/27/00 $35.00 52832 REIMBURSE-OAR DOROTHA BORlAND 045100 10/27/00 $88.97 52833 REIMBURSE-DAR SALLY BUSE 045110 10/27/00 $129.27 52834 REIMBURSE-DAR CORNEUUS DONNELLY 045230 10/27/00 $119.35 52835 REIMBURSE-DAR LEONARD GIAUQUE 045290 10/27/00 $106.02 52836 REIMBURSE-DAR AGNES HAGENAUER 045310 10/27/00 $104.16 52837 REIMBURSE-OAR FRED HAYES 045315 10/27/00 $248.00 52838 REIMBURSE-DAR BEUlAH JORDAN 045320 10/27/00 $86.49 52839 REIMBURSE-DAR CALVIN KOLlASH 045330 10/27/00 $37.38 52840 REIMBURSE-DAR J WARD O'BRIEN 045497 10/27/00 $216.07 52841 REIMBURSE-DAR JOAN PREZEAU 045525 10/27/00 $460.97 52842 REIMBURSE-DAR STEVE snJRN 045585 10/27/00 $22.32 $1,321,983.79 Page 8 1T 8G Community Development MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5246 Date: November 1, 2000 To: Jim Mulder, Community Development Director From: Dan Nelson, Building Official Subject: Building Activity for October 2000 1998 1999 2000 Dollar Dollar Dollar No. Amount No. Amount No. Amount New Residence Value 1 $91,566 15 $1,792,667 7 $707,555 Multi Family 0 $0 0 $0 0 $0 Residential Adds & Alts 0 $0 3 $14,800 3 $28,316 Industrial 0 $0 0 $0 0 $0 Commercial Value 2 $14,500,000 0 $0 0 $0 Signs, Fences, Driveways 5 $11,206 4 $5,842 2 $660,000 Manufactured Homes 1 $79,000 0 $0 0 $0 TOTALS 9 $14,681,772 22 $1,813,309 12 $1,395,871 July 1 - June 30 Fiscal Year To Date $18,894,608 $9,141,871 $4,041,546 Bldg\activity 1 O/O~ r ~~~~ ~~ ~I f~~ ~~ Uf::n J II Ii ~U~ fnII I !iJ !l. ~a ~,~ I I ~I i ~ . . · i ~ ~ o .... ..... .... ~ .... i ~ ~ I I i ~ .... $2 .... ~ .... $2 .... ~ .... i ... ... 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C/J C/J 0 :;; c: ::tl III ;a :r III "'0 III :::I, C') .g 0 0 "TI c: a 5' III ~ !!!. 0 "TI "'0 a 5' 0 ~ !!!. Q' z s: sa. ~ g @ "'0 Z III 0' sa. i @' (il "'0 a "'0 i 0 ~ !!l. C/J 0 :;; c: ;:0 (1) ;a :t: <ll 0 III :::I, 0 :::I lQ 0 0 c: a III 6: C') .g C') 0 S- a :::I 11 lOA CITY OF WOODBURN Community Development MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5246 From: November 13,2000 Honorable Mayor and City Council thru City Administrato~ Jim Mulder, Director of Community DeVelOpmenrjr1 Public Hearing on PUD 00-02, "Soones Crossing Date: To: Subject: At their hearing of September 28,2000, the Planning Commission reviewed a request by Polygon Northwest to modify Planned Unit Development (PUD) 97-03, known as "Soones Crossing", to modify condition of approval "0-1" to allow the alternative of a sanitary sewer lift station to serve the proposed development in lieu of requiring only a deep gravity sanitary sewer. On October 12, 2000, the Planning Commission approved an order recommending that the City Council approve PUD 00-02. In regard to this proposal, the City Council has the following options: (1) Concur with the Planning Commission's final order and approve PUD 00- 02. (2) Modify the Planning Commission's final order. (3) Deny PUD 00-02. ~t is recommended that the City Council.instruct,staff to pr-epare an ominallce to. ,- ~. - substantiate your decision. Attachments: Exhibit A: Planning Commission Final Order, dated 10/12/00 Exhibit B: Planning Commission 10/28/00 Minutes Exhibit C: Planning Commission 10/28/00 Staff Report Exhibit .. A" lOA ~. /. ~v 7 A;;') i':!:.(l~ . ;/.'" \"".j{';-" I ~ /1f' - , \, ; I c."~~> ",': ~ 1 . : I,;..;~,,-_.. t"~ 'f ~,""~rrID.I'-....~f;ol .',' \ .".t t'-, {.-!:) \.'} ~'t .... : ~' . ~ ".:...<........' (.'Jrl~I:" Ii' ~ \, v , .,.," v. ~ ::- '" . \ 4' - \ ';''!~>1'' :'11 ,: '.-' I.~~' .,...... ' , ,!~ ,- .~t)~ :/.. _' t'~ CITY OF WOODBURN 270 Montgomery Street · Woodburn, Oregon 97071 · (503) 982-5222 TOD (503) 982-7433 · fAX (503) 982-5244 IN THE PLANNING COMMISSION OF WOODBURN, OREGON PLANNED UNIT DEVELOPMENT 00-02 ) ) ) FINAL ORDER WHEREAS, a request was made by Polygon Northwest for the Planning Commission to hear a proposal for a modification of Planned Unit Development (PUD) 97- 03, known as "Boones Crossing", to modify Condition of Approval "0-111 to allow the alternative of a sanitary sewer lift station to serve the proposed development in lieu of requiring only a deep gravity sanitary sewer, and; WHEREAS, the Planning Commission reviewed the matter at their regularly scheduled meeting of September 28, 2000, and; WHEREAS, the Planning Commission considered the written and oral testimony presented by staff, the applicant, and other interested persons to the proposal, and; WHEREAS, the Planning Commission closed the hearing, and; WHEREAS, the Planning Commission moved to recommend that the City Council approve Planned Unit Development 00-02 and instructed Staff to prepare findings and conclusions, NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COMMISSION: The Planning Commission hereby recommends that the City Council approve Planned Unit Development 00-02, based on findings and conclusions contained in Exhibit "A", and subject to conditions of approval contained in Exhibit "B", which are attached hereto and by reference incorporated herein. Approved: ~ ~ R.. ~ Ro Youn Chai rson 1. ~ {l :HJrnJ Date FINAL ORDER - PUD ()().()2 lOA EXHIBIT "A" FINDINGS AND CONCLUSIONS I. APPLICATION INFORMATION: Applicant: Polygon Northwest 2700 NE Andresen, Suite 022 Vancouver, WA 98661 Property Owner: Nancy Bocchi 19164 SW Chesapeake Dr. Tualatin, OR 97067 Faye Zimmer 16175 NW Blueridge Dr. Beaverton, OR 97006 II. NATURE OF APPLICATION: The applicant requests a modification of Planned Unit Development (PUD) 97-03, known as "Soones Crossing", to modify Condition of Approval "0-1" to allow the alternative of a sanitary sewer lift station to serve the proposed development in lieu of requiring only a deep gravity sanitary sewer. III. RELEVANT FACTS: Boones Crossing PUD was approved by the City Council on November 8, 1999. The Council's decision also included approval of applications for annexation (Annexation 97-08), zone change (Zone Change 97-12), conditional use ,,," ,~ ~ ~ : OF' >' '='" '{Cofldmona"'U1te 67-03), and variaooe (Variance .97",12). Boones Grossing.R.UD.-. · ~ - J · If" ' consists of a 62 acre mixed used development including a 241 lot single family residential subdivision, a 94 unit multiple family complex, and two acres of commercial property. The City Council in approving the project adopted Ordinance No. 2246 which specified certain conditions of approval. One of these conditions, condition "0-1" , requires the developer to install a deep gravity sanitary sewer to connect the project site to the existing city system. The applicant is currently in the process of .: o' ~ ~. =-....".,.2"'?UJ~~~lop~evement pl~PM$~~,Qf_tM~iQ,qle, famjly-"~~-.- subdivision. During this process, the applicant determined that installation of the . required deep gravity sanitary sewer would be extraordinarily expensive for various reasons. As a result, the applicant met with City staff to discuss alternatives and decided to submit a request to modify condition "0-1" to allow the Public Works FINAL ORDER - PUD ()().()2 Page 1 ~ I lOA Director the discretion to allow flexibility as to whether to allow a deep gravity system or a lift station. The proposed development is generally located on the east side of Boones Ferry Road and south of Parr Road and can be identified on Marion County Assessor's maps as T5S, R1W, Section 18C, Tax Lots 1100 and 1400, and Section 19B, portion of Tax Lot 600. IV . RELEVANT APPROVAL CRITERIA: 1. Woodburn Comprehensive Plan 2. Woodburn Zoning Ordinance: Chapter 21 Planned Unit Development V. FINDINGS: A. Woodburn Comprehensive Plan FINDING: Applicable goals and policies of the Comprehensive Plan have been satisfied through the implementing ordinances of the adopted subdivision standards, zoning ordinance and other ordinances in affect at the time of approval. B. Woodburn Zoning Ordinance: Chapter 21 Planned Unit Development Section 21.020 Design/Development Criteria: l .. _ _'- '-.. ' , a~ ~. :the'-ad8Ct'lacy:aAcJ..continuity. ofFpublic -fKi1ities. is sufficient to ~. ,~ ~.. -~. accommodate the proposed development. FINDING: Boones Crossing PUD was approved with a condition of approval requiring a deep gravity sanitary sewer to connect the sewer system in the project to the existing city sewer system. The applicant, in their application, argues that a deep gravity sanitary sewer connection would be infeasible for the following reasons: ~ __ ~ k 11 ';' ~,r. .--;: : ___ __ ~~ ~.-=Gf6wty. sewerwill.require tf'8lJc.hing B$ deep as .twenty.._ = ~'" ~ three (23) feet. The sewer would extend from the site along Brown Road to Cleveland where the system will connect with the existing Mill Creek interceptor. This depth and length is exlra-ordinarilyexpensive and tests FINAL ORDER - PUD 00-02 Page 2 lOA have revealed extremely saturated soils and ground water intrusion, which would make it even more expensive. 2. Cave-ins could occur at this depth of trench with the presence of ground water that has been identified. This could impact the existing utilities in Brown Road. 3. Safety could be an issue, the gravity sewer at this depth will be constructed though areas where the soil has already been disturbed by the existing gravity sanitary sewer in addition to all the other utilities within Brown Road. The construction methods to safely build a deep gravity system may require a wide construction swath that could interrupt water and existing sewer seNices and could result in the reconstruction of a major portion of Brown Road causing inconvenience to area residents. 4. If the lift station alternative is selected, force mains from the station to the existing City lines would be installed at a depth of approximately four (4) feet which results in few interruptions, a higher level of safety and is less damaging to the street. 5. Construction of a lift station will allow development of property east of MHI Creek to be served. A gravity system could be connected to the lift station. A deep sewer in Brown Road as proposed previously, would not be able to provide sewer seNice. These properties would require installation of a lift station or trunk line up Mill Creek for service. · To address these issues, the applicant proposes that condition of approval &D-1" be modified to allow the Public Works Director the discretion to provide for alternatives in the sewer system design. Specifically, the applicant requests that this condition of approval be modified as follows (changes are in Bold and underlined): D. SANITARY SEWER 1. The Applicant shall, at its cost either seNe the entire development all phases, by installing a deep sanitary sewer main from the Mill Creek interceptor located at the intersection of Brown and Cleveland to the south Page 3 FINAL ORDER - PUD ()()..()2 lOA and east ends of the development or install a 11ft station in the southeast comer of the site. of the size and depth (35+/- feetJ to serve future needs and be acceDtable to the City's Public Worlcs DeDartment with a 4-inch force main for initial use and a pennanent 8-inch force main (for future useJ to the Mill Creek in terceD tor. The entire width of Brown Street, that has been recently paved, shall be resurfaced by the Applicant after patching the sewer trench. Phased sewer line construction shall be allowed, however, the termini of sewer line locations and depths shall be such that it is suited for future extensions to adjoining areas including the south end of the development. The preferred location for the sanitary sewer extension shall be within the southerly extension of Brown Street. However, if the right-of-way or easements can not be obtained, the system may be constructed though the rear lots of the Steklov Addition as proposed by the Applicant. This shall be acceptable only if the Applicant provides the necessary easements to the city, including access to each manhole for future maintenance. If the deep sanitary sewer is not installed in the preferred Brown Street location then the sanitary sewer shall be extended to Brown Street through either Vine Street or Parle VieW Blvd. It shall then be extended to the North and South line of the development at a suffICient depth to provide for the future extensions. The Public Works Director has submitted comments (see Attachment A) concurring with the applicant's request and with the applicanfs proposed modification to the above condition. The above criterion is satisfied . b. The features of the site (such a topography, hazards, vegetation, solar access, etc.) have been adequately considered and utilized. FINDING: This criterion was satisfied in conjunction with PUD 97-03 and does not apply to the proposea ri1<5dification. c. The size of the development, site and building design and operating characteristics of the proposed development are reasonably FINAL ORDER - PUD 00-02 Page 4 lOA compatible with surrounding development and land uses and any negative impacts have been sufficiently minimized. FINDING: This criterion was satisfied in conjunction with PUD 97-03 and does not apply to the proposed modification. d. Parking areas and entrance-exit points are designed so as to facilitate traffic pedestrian safety and avoid congestion. FINDING: This criterion was satisfied in conjunction with PUD 97-03 and does not apply to the proposed modification. e. The development design promotes energy conservation through the use of materials, landscaping and building orientation. FINDING: This criterion was satisfied in conjunction with PUD 97-03 and does not apply to the proposed modification. f. The buildings are located so as to provide light and air according to yard requirements and afford adequate solar access where desired. FINDING: This criterion was satisfied in conjunction with PUD 97-03 and does not apply to the proposed modification. g. The design promotes crime prevention and safety features through lighting, visibility of building entrances, secure storage areas, etc. FINDING: This criterion was satisfied in conjunction with PUD 97-03 and does not apply to the proposed modification. 11:-- - More C lise8ble . lnu--s01t8ble ld'cated' recreation facilities and ~ other. common and public facilities are provided than would be under conventional land development procedures. FINDING: This criterion was satisfied in conjunction with PUD 97-03 and does not apply to the proposed modification. VI. CONCLUSION: , Pliririe-<rUtiif Development O~tisfie~ ttiteria relating toapptovarot-ttm-- ----- proposed modification to Planned Unit Development approval. FINAL ORDER - PUD 00-02 Page 5 r l' lOA EXHIBIT "B" CONDITIONS OF APPROVAL 1. All conditions of approval of PUD 97-03 shall apply except as modified herein. 2. Condition of approval "0-1" of PUD 97-03 (Council Ordinance No. 2246) is amended to read as follows: D. SANITARY SEWER: 1. The Applicant shall, at its cost, either serve the entire development, all phases, by installing a deep sanitary sewer main from the Mill Creek interceptor located at the intersection of Brown and Cleveland to the south and east ends of the development or install a lift station in the southeast corner of the site, of the size and depth (35+/- feet) to serve future needs and be acceptable to the City's Public Works Department with a 4-inch force main for initial use and a permanent 8-inch force main (for future use) to the Mill Creek interceptor. The entire width of Brown Street, that has been recently paved, shall be resurfaced by the Applicant after patching the sewer trench. Phased sewer line construction shall be allowed, however, the termini of sewer line locations and depths shall be such that it is suited for future extensions to adjoining areas including the south end of the development. The preferred location for the sanitary sewer extension shall be within the southerly extension of Brown Street. However, if the right-of-way or easements can not be obtained, the system may be constructed though the rear lots of the Steklov Addition as proposed by the _. ~ .. n.' AppliGaat. ~shaII.beaa:eptableDnly:ifD1-eApplicant provides the=- --~=, necessary easements to the city, including access to each manhole for future maintenance. If the deep sanitary sewer is not installed in the preferred Brown Street location then the sanitary sewer shall be extended to Brown Street through either Vine Street or Park View Blvd. It shall then be extended to' the North and South line of the development at a sufficient depth to provide for the future extensions. 3. Applicant and property owner shall submit to the Community Development Department a signed · Acceptance of Conditions. agreeing to all conditions of approval. The signed document must be received by the Community Development Department before the application approval shall become effective. FINAL ORDER - PUD 00-02 Page 6 Exhibit .. B" lOA WOODBURN PLANNING COMMISSION September 28, 2000 CONVENED The Planning Commission met in a regular session at 7:00 p.m. with Chairperson Young presiding. ROLL CALL Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Young Cox Fletcher Grijalva Lima Mill Bandelow Lonergan Heer P P (Arrived at 7:05 p.m.) P A P P P p P Staff Present: Jim Mulder, Acting Community Development Director Scott Clark, Assistant Planner MINUTES A. Minutes of September 14. 2000 Commissioner Bandelow referred to Frank's comments contained on page 2 of the minutes and stated it did not reflect what was actually said. She said Frank stated that the Corps told him that they are going to turn the city's proposal down but have not done so yet. Commissioner Lima moved to approve the Planning Commission minutes of September 14, 2000 with the noted correction. Commissioner Heer seconded the motion. Motion carried. COMMUNICATIONS A. Council MeetinG Minutes of AUGust 28. 2000 BUSINESS FROM THE AUDIENCE None ...~ PUBLIC HEARING A. ,f1lnn~ UJ\I.PAYe~.OO~ m,Pd"catioI). 9f the .collldltiana of .t.DDroMaLfor Bcones .. . ~ ~ ~,- Crosslno to allow f1exlbUItv In construction of the prolect by providinG for a sanitary sewer liftstatlon oDtlon as an alternative to deeo sewer construction. PolYGon Northwest. applicant. Staff read the applicable ORS Statement and provided a presentation as reflected in the staff report. Staff recommended approval. Commissioner Mill referred to page 11, Attachment C, paragraph one. He indicated he does not see a problem with it and that the application makes sense. However, he envisioned 28 vertical feet as a very large hole in the ground equivalent to a 2-story house. Commissioner Mill requested clarification as to how did this occur? ~~~- IDmf replieD i\e.is.at a .Jlig~t ~ .bec.ause..he.\4IS~tb~tbe_Cityo at t\1el!m9.alttle approval of '_"". __ ~ the project. He indicated this all came out as the applicant was preparing improvement plans which would be much greater in detail as far as looking at the specifics of how deep the trench would have to be dug. Staff also stated this was probably not identified initially. PIonning Commission Meeting - September 28, 20()() Page 1 of 12 lOA Chairperson Youna interjected both plans were discussed during the hearings. He stated the applicant thought the pump station would be more expensive. It was the City Council's decision for the applicant to choose the option of gravity flow, TESTIMONY BY THE APPLICANT Matt Spraaue. Alpha Enaineerina. 9600 SW Oak St. Suite 230. Portland. OR 97223 thanked Staff for working with them on this modification process, He briefly summarized the recommendations that came from the Community Development Director. TESTIMONY BY PROPONENTS None TESTIMONY BY OPPONENTS None Chairperson Youna closed the public hearing and opened discussion to the Commission. DISCUSSION Commissioner Mill commented putting in the lift station seems to be the only viable alternative. He stated any time you get a trench more than 14 feet in depth you end up with a considerable danger of cave in. Commissioner Mill also said the saturation of soils could possibly contribute to ground water contamination. He stated he is inclined in voting in favor of it. Commissioner Bandelow concurred with Commissioner Mill. Vice Chairperson Cox also agreed with his fellow Commissioners. He stated he does not see this as a Planning or Land Use issue but as a Public Works issue. Vice Chairperson Cox further commented the explanations given sound reasonable to him but more significantly the Public Works staff states this makes sense. Chairoerson Youna commented the cost of yearly maintenance caused the applicant to be in favor of the trenching over the pump station at the time of the original project discussion. He said the Commission's decision is a recommendation to the City Council. Vice Chairperson Cox moved to approve PUD 00-02 and recommend to the City Council that they adopt the necessary ordinance changes subject to the conditions set forth in the Staff Report. Commissioner Lima seconded the motion, which unanimously carried. Staff will bring back a Final Order at the next meeting. B. Conditional Use 00-05. reauest to establish a beauty salon and spa at 560 Glatt Circle. Richard & Joan Holmaren. apollcant Staff read the applicable ORS Statement and provided a presentation as reflected in the staff report. Staff recommended approval of the Conditional Use request Commissioner Mill requested clarification as to how this project is even considered to be a Conditional Use as this is leased space. __...L.- ~...,.,..,_x -.... .,..~ reSponded the ctosesTl8na"ds&~rvml'led ~e~erthe"Zooii1tj OtElirraooe-:-.'i was either a beauty or barber shop because they are providing services that are associated with a beauty salon. He further stated under Chapter 28 Commercial Office it lists that use specifically as a Conditional Use which would require this process. Planning Commission Meeting - September 28, 2000 Page 2 of 12 /-J...~r,... "f;:r~.. {\ .:,~'~ /1 -~: ~ .~"'''IIo' .~. \ , ./ Ji,..#>j ",,'~~ .'.. ' i<';~"", "~~"0\ :, I~~"'~~EI.I' ,n ,'I(~;L~i ' " \;;~r_',{~7f'I'r:.~;\. ~' '.', i,'l'", :'v".:'(i~' ':;/:7,.,) -. ...... '~'~' I ,,/ ", "" ,- ','" I r ,~'..", " '.....'1.. ',,-,- , ,)."' Exhibit "e" lOA CITY OF WOODBURN 270 Montgomery Street . Woodburn, Oregon 97071 · (503) 982-5222 TOD (503) 982-7433 · FAX (503) 982-5244 STAFF REPORT PLANNED UNIT DEVELOPMENT 00-02 MODIFICATION OF "BOONES CROSSING" September 28, 2000 I. APPLICATION INFORMATION: Applicant: Polygon Northwest 2700 NE Andresen, Suite 022 Vancouver, WA 98661 Property Owner: Nancy Bocchi 19164 SW Chesapeake Dr. Tualatin, OR 97067 Faye Zimmer 16175 NW Blueridge Dr. Beaverton, OR 97006 Application Deemed Complete: September 1, 2000 120 Day Rule Deadline: December 30, 2000 Staff Report Available for Public Review: September 21, 2000 II. NATURE OF APPUCA TION: The applicant requests a modification of Planned Unit Development (PUO) 97-03, known as -Boones Crossing-, to modify Condition of Approval 0-1 to allow the alternative of a sanitary sewer lift station to serve the proposed development in lieu of requiring only a deep gravity sanitary sewer. III. RELEVANT FACTS: ~c.~o;. ~~, ~_ T->. BooJJes Crossing-PUQ.waI-~rlWMt-D)l ~~~~Cmlnd!en~emb,6&i.u1.i~Tr'lI'~- The Council's decision also included approval of applications for annexation (Annexation 97-08), zone change (Zone Change 97-12), conditional use (Conditional Use 97-03), and variance (Variance 97-12). Boones Crossing PUD PUD 00-02 Page 1 r lOA consists of a 62 acre mixed used development including a 241 lot single family residential subdivision, a 94 unit multiple family complex, and two acres of commercial property. The City Council in approving the project adopted Ordinance 2246 which specified certain conditions of approval. One of these conditions, condition "0-1", requires the developer to install a deep gravity sanitary sewer to connect the project site to the existing city system. The applicant is currently in the process of developing improvement plans for phase 1 ofthe single family residential subdivision. During this process, the applicant determined that installation of the required deep gravity sanitary sewer would be extraordinarily expensive for various reasons. As a result, the applicant met with City staff to discuss alternatives and decided to submit a request to modify condition 0-1 to allow the Public Works Director the discretion to allow flexibility as to whether to allow a deep gravity system or a lift station. The proposed development is generally located on the east side of Boones Ferry Road and south of Parr Road and can be identified on Marion County Assessor's maps as T5S, R1W, Section 18C, Tax Lots 1100 and 1400, and Section 19B, portion of Tax Lot 600. IV. RELEVANT APPROVAL CRITERIA: A. Woodburn Comprehensive Plan B. Woodburn Zoning Ordinance: Chapter 21 Planned Unit Development V. ANALYSIS: A. Woodburn Comprehensive Plan STAFF COMMENT: Applicable goals and policies of the Comprehensive Plan have been satisfied through the implementing ordinances of the adopted subdivision standards, zoning ordinance and other ordinances in affect at the time of approval. B. Woodburn Zoning Ordinance: Chapter 21 Planned Unit Development Section 21.020 Design/Development Criteria: a. The adequacy and continuity of public facilities is sufficient to PUD 00-02 Page 2 . -" - iC. .,,,.e. ....... PUD 00-02 lOA accommodate the proposed development. STAFF COMMENT: Boones Crossing PUD was approved with a condition of approval requiring a deep gravity sanitary sewer to connect the sewer system in the project to the existing city sewer system. The applicant, in their application, argues that a deep gravity sanitary sewer connection would be infeasible for the following reasons: "1. Gravity sewer will require trenching as deep as twenty- three (23) feet. The sewer would extend from the site along Brown Road to Cleveland where the system will connect with the existing Mill Creek interceptor. This depth and length is extra-ordinarily expensive and tests have revealed extremely saturated soils and ground water intrusion, which would make it even more expensive. 2. Cave-ins could occur at this depth of trench with the presence of ground water that has been identified. This could impact the existing utilities in Brown Road. 3. Safety could be an issue, the gravity sewer at this depth will be constructed though areas where the soil has already been disturbed by the existing gravity sanitary sewer in addition to all the other utilities within Brown Road. The construction methods to safely build a deep gravity system may require a wide construction swath that could interrupt water and existing sewer services and could result in the reconstruction of a major portion of Brown Road causing inconvenience to area residents. 4. If the lift station alternative is selected, force mains from the station to the existing City lines would be installed at a depth of approximately four (4) feet which results in few intenuptions, a higher level of safety and is less damaging to the street. b"'" .' -- , 5. Construction of a lift station will allow development of --'-!&j1rof.Jarty-eilst of Mill Creek--ttr=~.. J\.~E~ -'.~.":&i system could be connected to the lift station. A deep sewer in Brown Road as proposed previously, would not be able to provide sewer service. These properties Page 3 - lOA would require installation of a lift station or trunk line up Mill Creek for service." To address these issues, the applicant proposes that condition of approval "0-1" be modified to allow the Public Works Director the discretion to provide for alternatives in the sewer system design. Specifically, the applicant requests that this condition of approval be modified as follows (changes are in Bold and underlined): D. SANITARY SEWER 1. The Applicant shall, at its cost, either serve the entire development, all phases, by installing a deep sanitary sewer main from the Mill Creek interceptor located at the intersection of Brown and Cleveland to the south and east ends of the development or install a lift station in the southeast comer of the site. of the size and depth (35+/- feetJ to selVe future needs and be acceptable to the City's Public Worlcs Department with a 4-inch force main for initial use and a pennanent a-inch force main (for future useJ to the Ifill Creek interceptor. The entire width of Brown Street, that has been recently paved, shall be resurfaced by the Applicant after patching the sewer trench. Phased sewer line construction shall be allowed, however, the termini of sewer line locations and depths shall be such that it is suited for future extensions to adjoining areas including the south end of the development. -__.-c- _._ . - _ _ _ _ __... _ .. ~. ~ .......... - ~-.. ~ ., =" - =- -'-.'-- ~ -- The preferred location for the sanitary sewer extension .-=-ShtJII11eWIthin the S'08therlye'xtension"onJrovmStreet. -,- .~ However, if the right-of-way or easements can not be obtained, the system may be constructed though the rear lots of the Stek/ov Addition as proposed by the Applicant. This shall be acceptable only if the Applicant provides the necessary easements to the city, including access to each manhole for future maintenance. :.S_;~ ~~~ L-~~~_~,:;; ,..... -.- If the deep sanitary sewer is not installed in the -. -.,. """ 11' L ~.. ~ itteet /ooalOon than the 8;Mit-99'Ysawef';- ~- shall be extended to Brown Street through either Vine Street or Park View Blvd. It shall then be extended to the North and South line of the development at a PUD 00-02 Page 4 I f lOA suffICient depth to provide for the future extensions. The Public Works Director has submitted comments (see Attachment A) concurring with the applicant's request and with the applicant's proposed modification to the above condition. b. The features of the site (such a topography, hazards, vegetation, solar access, etc.) have been adequately considered and utilized. 5T AFF COMMENT: This criterion was satisfied in conjunction with PUD 97- 03 and does not apply to the proposed modification. c. The size of the development, site and building design and operating characteristics of the proposed development are reasonably compatible with surrounding development and land uses and any negative impacts have been sufficiently minimized. 5T AFF COMMENT: This criterion was satisfied in conjunction with PUD 97- 03 and does not apply to the proposed modification. d. Parking areas and entrance-exit points are designed so as to facilitate traffic pedestrian safety and avoid congestion. 5T AFF COMMENT: This criterion was satisfied in conjunction with PUD 97- 03 and does not apply to the proposed modification. e. The development design promotes energy conservation through the use of materials, landscaping and building orientation. 5T AFF COMMENT: This criterion was satisfied in conjunction with PUD 97- 03 and does not apply to the proposed modification.. f. The buildings are located so as to provide light and air according to yard requirements and afford adequate solar access where desired. S1 AFF COMMENT: This criterion was satisfied in conjunction with PUD 97- 03 and does not apply to the proposed modification. g. The design promotes crime prevention and safety features through ~__ - ~?~.... .--lighting, visibility of buUdin.~1 secure.storage.amaa, .e!C;. ~~-- 5T AFF COMMENT: This criterion was satisfied in conjunction with PUD 97- 03 and does not apply to the proposed modification. PUD 00-02 Page 5 IDA h. More useable and suitable located recreation facilities and other common and public facilities are provided than would be under conventional land development procedures. STAFF COMMENT: This criterion was satisfied in conjunction with PUD 97- 03 and does not apply to the proposed modification. VI. ATTACHMENTS: Attachment A - Public Works Comments Attachment B - Applicant's Application Materials Attachment C - Council Ordinance No. 2246 VII. CONCLUSION AND RECOMMENDATION: Based on the information in this report, the findings required to approve the proposed modification of PUD 97-03 can be made. Staff recommends approval of PUD 00-02 subject to the conditions of approval listed below (the Planning Commission's decision on this proposal must be in the form of a recommendation to the City Council as only they may modify their ordinance approving PUD 97-03): 1. All conditions of approval of PUD 97-03 shall apply except as modified herein. 2. Condition of approval "0-1" of PUO 97-03 (Council Ordinance No. 2246) is amended to read as follows: O. SANITARY SEWER: PUD 00-02 1. The Applicant shall, at its cost, either serve the entire development. all phases, by installing a deep sanitary sewer main from the Mill Creek interceptor located at the intersection of Brown and Cleveland to the south and east ends of the development or install a lift station in the southeast comer of the site, of the size and depth (35+/- feet) to serve future needs and be acceptable to the City's Public Works Department with a 4-inch force main for initial use and a permanent 8-inch force main (for future use) to the Mill Creek interceptor. The entire width of Brown Street, that has been recently paved. shall be resurfaced by the Applicant after patching thesewe1'1terrcrr.---Phased"-sewer line construction-- shall be allowed, however, the termini of sewer line locations and depths shall be such that it is suited for future extensions to adjoining areas including the south end of the development. Page 6 lOA The preferred location for the sanitary sewer extension shall be within the southerly extension of Brown Street. However, if the right-of-way or easements can not be obtained, the system may be constructed though the rear lots of the Steklov Addition as proposed by the Applicant. This shall be acceptable only if the Applicant provides the necessary easements to the city, including access to each manhole for future maintenance. If the deep sanitary sewer is not installed in the preferred Brown Street location then the sanitary sewer shall be extended to Brown Street through either Vine Street or Park View Blvd. It shall then be extended to the North and South line of the development at a sufficient depth to provide for the future extensions. 3. Applicant and property owner shall submit to the Community Development Department a signed "Acceptance of Conditions" agreeing to all conditions of approval. The signed document must be received by the Community Development Department before the application approval shall become effective. PUD 00-02 Page 7 ~chMeJ1f 'A" lOA MEMO DATE: Community Development Director Public Works Director~ September 21, 2000 \ ~ TO: FROM: SUBJECT: Addition of Pump Station Option to Deep Gravity Sewer Main for Soones Crossing Project RECOMMENDATION: It is recommended that the construction of a pump station as an alternative to deep sewer line as outlined in the proposal by the applicant be approved. BASIS for RECOMMENDATION: 1. We agree with the facts outlined in the proposal and the pump station alternative request is reasonable. 2. The proposed alternative will be constructed with wet well capacity to serve all the area considered in prior condition of approval plus some area that is located on east side of Mill Creek. This area on the east of Mill Creek would be served with an extension of gravity line in the future. This possibility of service extension to east side of Mill Creek is a significant advantage to the option of pump station construction. 3. The deep sewer main approved previously became an option because of the large size of the Scones Crossing development. The pumping system under consideration will require an additional maintenance and operational cost of about $7,500 per year when compared to the deep gravity sewer main; however, it is not a large cost when compared to the area it serves. At present, the city operates seven pump stations excluding the' main Mill Creek pump station. 4. The applicant is not requesting any credit or reimbursement for constructing the pumping system to the city's specifications. The proposed pumping system is expected to cost over $500,000. 5. Approval of this alternative does not take away the decision making of the city, it only adds another reasonable option in addition to the previously approved option. However, there is greater probability that the newly proposed alternative will be chosen. BooneICfOI8ing Proj- SewerMaln CONCURRENT REVIEWS: ADJUSTMENT SITE PlAN REVIEW _ VARIANCE CONDITIONAL USE SUBO.VlSION NAME: t:3~t:W\~~ (..... ~O~$''^B REPRESENTATIVE OR CONTACT PERSON: t^(\A.~4'L.j Sf'(""I1,,~u~A\~.l:~~. 'iS2-SCO~ ~80'i3 ~~W~6...,S"iT&.-'l-"\O \l'lW~"''^tl(~~ ~(~~~ (ADDRESS) ~UIml\f;lil0t~QN . PRaJMtNAIW PlAT AfftJ~~ ~ R~C ~Tlo~ ~c:.4c~ ~ &;;:' .Ol~ AUS 21 ~ ZONE MAP AMENDMENT 'uuu COMP. PlAN AMEN~~ ~ ~ '-' d-- A~kMO'tf \\ e;' (CITY) (STATE) (ZIP CODE) PROPERTY' OWNER~(Please print or type) ADDRESS & ZIP CODE 1. No..\l\C.1 ~ l' u....... \ 1<1, ,"-":\ ~\;ol Ch ~u..\. ~ '0.. 'J -r".. \.. ~;" 0 ~ "I' 01. ; - F"",,\\~ 1 ~W\...c 1(" \"1S' t:Ilol 3 'llt:~.. \),-" ~.u....\<M 0(.1.<1\700 lc 2. Cenified Ii&t, on Pf'e-p&Sted labels for maUlng, with the names end ad resse~ of P(Opefty owners within 250 feet for a Subdivision and 100 feet for a Partition. 3. R~eu; Give the acreage. number of total average lot siZe and any variances being requested. For ex8II1pIe: -ro cfMde 32.6 acres Into 74 lots with variances to aUowfor lot frontage on a CtII~e- sac of S8- Where 40" Is requIred." 4. The ZONE AND COMPREHENSIVE PlAN desIgnation In which the parcel is located. ~\'- '"'-:\'8" <<_IJ.e....lwt~\ Oir..M-t~\"'" '" p\}O .w~\..~ \...0"'-1 O~c.,~ Q.e.'-id.~~\a..\ - \L~!. ~"" \~ UY\~~ltAL~ 6. Describe the loc8tion of the property or give 1he address: -'...' .c.. ~~ \~l'a.r eA ".Jll~OCC ~~~L4C. ~4!.~ ~n ~ &t.~~ 6. MapNo.~ Taxlot#(sJ....lJoo 40 ~OO 7. Attach a wrttten statement. marked ExhIbit -/::... which expl8lns your reasons for aubdMdlngthe land end provides evidence that the request conforms to the Woodburn Comprehens1ve Plan. ZocW1a ~nrll\anoe. and SUbdMs10n PaI1ctes. 8. Attach 8. preliminary plat and narrative which contains the following information (exhibit "8-): 11M appIioInt ~ 1hc but'Clen of IKOOfthsC "..,ptovecI~... beat ~ ( J VtOinitv Map ( J Area map Identifying adjacent Uructures and lots lOA (J SubdMsIon Name . (1be name of any prOPOsed subdivision shall not be the seRle as or similar to a~v name USed on . recorded plat on the county or city). ( I Township, range, s~ tax lot number(s). aCfesge of the propef'ty to be divided. ( J Attach . legal dacrlption(s) of the property. ( I North arrow, scale (ane Inch equals 200 feet or Sar~r) . (J locations and names of all existing streets within' or on the bou~dary of the proposed subdMslon/partltion. (J locations and names of aU proposed streets. ( I Lot (parcel) layout with approximate dimensions. lot(parCel) number5 and areas for all lots (parcels] . ( ) Provide 8 footprint of the buildable area for each lot. ( J Zonlng and Comprehensive pean designations in the proposed subdivision (partition) and area adjacent to the proposed 6ubdivi5lon (partition). ( ) Indicate Which buUdings are to remain and which are to be removed. ( ) Topogr3phy with!n and adjacent to the proposed subdivision/partition. ( J Locations of drainage ways. flood ways. or floodplain within and adjacent to the proposed subdivisIon/partition. ( ) The location end size of all proposed water~ sewer~ and storm drain lines. ( t 1'he location of all proposed fife hydrants. Signatutes of each owner (husband and wife) or contract purchaser_ ~ ~StD~De 16 ~~ei Jt. r'\ tAaJd: V\ J ~ 910ft; -= { \ ~ Owners: Applicant: Engineering: Planning: Contact Person: Legal Description: Proposal: ~ ~::... Zoning: Land Use Requests: " I l Et<<< (~(T A lOA BOONES CROSSING Lift Station Modification WOODBURN, OREGON June 22, 2000 Faye Zimmer and Nancy Bocchi 19164 SW Chesapeake Drive Tualatin, OR 97062 Polygon Northwest 2700 NE Andresen, Suite D22 Vancouver, W A 98661 Alpha Engineering, Ine. 9600 SW Oak Street, Suite 230 Portland, OR 97223 Alpha Engineering, Ine. Tom McConneU Alpha Engineering, Ine. (503) 452-8003 Tax Map 5 lW 18C; Tax Lots 1100 and 1400 The purpose of this modification request is to allow flexibility in construction of the project by providing for a sanitary sewer lift station option as an a1temative to deep sewer construction. The 6ft station optio..if~wouI"'ahwttbrsen1ce to the BooDes' ~= ."".. Crossing PUD as well as undeveloped properties to the south and southeast. RS Polygon Northwest requests a Modification of the Conditions of Approval for Boones Crossing, a 61.9 acre Planned Uait Development. lOA BackJ!:round Polygon Northwest received approval from the City of Woodburn on November 10, 1999 for Annexation (97-08), Conditional Use (97-03), Variance (97-12), and a Planned Unit Development (PUD)(97-03). The entirety of the project is titled Boones Crossing and includes 61.9 acres subdivided into 242 detached single-family residential lots, two future multi-family residential lots, a future I-acre commercial parcel and a future parcel with use yet to be determined. Also approved as part of the PUD are three mini-park tracts and a 3-acre City park tract. Reason for Request Currently, the conditions of approval only describe a deep gravity sanitary sewer system and does not allow for a lift station alternative. There are multiple reasons for providing the flexibility necessary to build a lift station if a lift station becomes the preferred option. Those reasons include: I. Gravity sewer will require trenching as deep as twenty-three (23) feet. The sewer would extend from the site along Brown Road to Cleveland where the system will connect with the existing Mill Creek interceptor. This depth and length is extra-ordinarily expensive and tests have revealed extremely saturated soils and ground water intrusion, which would make it even more expensive. 2. Cave-ins could occur at this depth of trench with the presence of ground water that has been identified. This could impact the existing utilities in Brown Road. 3. Safety could be an issue, the gravity sewer at this depth will be constructed through areas where the soil has already been disturbed by the existing gravity sanitary sewer in addition to all the other utilities within Brown Road. The construction methods to safely build a deep gravity system may require a wide construction swath that could interrupt water and existing sewer services and could result in the reconstruction of a major portion of Brown. Road causing inconvenience to area residents. ~~--.. <- --:.;. ~ ,'Or , ;: f. <f4..JC Jo'; Ifthe'lift station altemative-is selecied; furremains from the station io--the"'ex:istingOty. lines c, ,.. ...,. , would be installed at a depth of approximately four (4) feet which results in few interruptions, a higher level of safety and is less damaeing to the street. 5. Construction of a lift station will allow development of property east of Mill Creek to be served. A gravity system could be connected to the lift station. A deep sewer in Brown. Road as proposed previously, would not be able to provide sewer service. These properties would require installation of a lift station or tnmk line up Mill Creek for service. lOA Modification Description Currently, the Boones Crossing Pun has been conditioned for Sanitary Sewer as follows: D. SANITARY SEWER; 1, 'The applicant shall, at its cost, serve the entire development, all phases, by installing a deep sanitary sewer main from the Mill Creek interceptor located at the intersection of Brown and Cleveland to the south and east ends of the development. The entire width of Brown Street, that has been recently paved, shall be resurfaced by the Applicant after patching the sewer trench. Phased sewer line construction shall be allowed, however, the termini of sewer line locations and depths shall be such that it is suited for future extensions to adjoining areas including the south end of the development. " "The preferred location for the sanitary sewer extension shall be within the southerly extension of Brown Street. However, if the right-of-way or easements cannot be obtained, the system may be constructed through the rear lots of the StekJov Addition as proposed by the Applicant. This shall be acceptable only if the Applicant provides the necessary easements the city, including access to each manhole for future maintenance. .. "If the deep sanitary sewer is not installed in the preferred Brown Street location then the sanitary sewer shall be extended to Brown Street through either Vine Street or Park View Blvd. It shall then be extended to the North and South line of the development at a sufficient depth to provide for the future extensions. .. The applicant requests conditions of approval for the sanitary sewer are modified as follows. (Modification in caps, bold and underlined) D. SANITARY SEWER; 2. "The applicant shall, at its cost, EITHER serve the entire development. all phases, by installing a deep sanitary sewer main from the Mill Creek interceptor located at the intersection of Brown and Cleve1and to the south and east ends of the development OR INSTALL A un STATION IN THE SOUTIlBA.ST CORNER OF THE SITE. OF THE SIZE AND DEPTH (35+1- FEET) TO SERVE FUTURE NEEDS AND BE ACCEPTABLE TO THE CITrS PUBUC WORKS DEPARTMENT WITH A 4-INCH FORCE MAIN FOR lN1TL4L USE AND A PERMANENT 8-INCH FORCE MAlN(FOR FUTURE USE) TO THE MILL _CREEK .lNTBRCEPTOR. '/.1u!. '-"t!!e width Q[BrOWJt.Street,Jhat.bqs ~ ~tjy _,~ ' paved, shall be resuifaced by the Applicant after patching the sewer trench. Phased sewer line construction shall be allowed, however, the termini of sewer line locations and depths shall be such that it is suited for future extensions to adjoining areas including the south end of the development. " -.....- -- -- - - - ..~. ----~ --. "'-- , - - lOA "The preferred location for the sanitary sewer extension shall be within the southerly extension of Brown Street. However, if the right-of-way or easements cannot be obtained, the system may be constructed through the rear lots of the Steklov Addition as proposed by the Applicant. This shall be acceptable only if the Applicant provides the necessary easements the city, including access to each manhole for future maintenance. .. "If the deep sanitary sewer is not installed in the preferred Brown Street location then the sanitary sewer shall be extended to Brown Street through either Vine Street, Park View Blvd., or an alternate approved by the City's Public Works Department. It shall then be extended to the North and South line of the development at a sufficient depth to provide for the future extensions. .. Conclusion Should the City of Woodburn public works staff allow for a lift station alternative for the sanitary sewer system it will provide the flexibility necessary to provide options for supplying service to the site and other undeveloped properties in Woodburn. The City and the Applicant can determine through the final design process the best alternative for the system and implement its construction. The size, location, and depth of the lift station will be decided by the City Publics Works Department. The developer will not receive any credit or reimbursements for either of the alternatives. " / j - -~- .......- . \.- /' / / I ! ! ._-~_..-!- ~ ! ~ ~ . ~ ~ ~ ..__!_u_t._.. . i ~ ~ - ~ ! ! _.--!-..~._.. ! ~ ~ ~ ~ i - ([-- ill Ii I - II I.S.I Ii( it II ss 'i ~I I, 'I ~I I, ~ BXIDm' -- -.. ---- " , '-."'- " "'- "- 1 lq JcJ rnf:-_-J . I . I. V 7( or,;_ 0 - -..--.....- ..... ----- -.... '"'-- -....-.- ... -... -!!!:!!' - .. T Aw:&iIt ~' _....-.... r I AffctchmeYlI "C ~ lOA COUNCIL BILL NO. 2004 ORDINANCE NO. 2246 AN ORDINANCE ANNEXING INTO THE CITY OF WOODBURN APPROXIMATELY 63 ACRES OF PROPERTY LOCATED ON THE EAST SIDE OF BOONES FERRY ROAD SOUTH OF THE RAILROAD CROSSING KNOWN AS "BOONES CROSSING"; AMENDING THE CITY OF WOODBURN WNING MAP FROM MARION COUNTY "URBAN TRANSITION FARM" (UTF) TO CITY OF WOODBURN "SINGLE FAMILY RESIDENTIAL" (RS); GRANTING CONDITIONAL USE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD); ALLOWING A VARIANCE TO OPEN SPACElINDOOR RECREA nON STANDARDS; IMPOSING CERTAIN CONDITIONS ON APPROVAL OF THE LAND USE APPLICA nONS; AND DECLARING AN EMERGENCY. WHEREAS, the Woodburn Comprehensive Plan and Zoning Map have established certain land uses within the City of Woodburn's Urban Growth Boundary, and WHEREAS, the Woodburn City Council has reviewed the record in Annexation Case No. 97-08; Zone Change No. 97-12; Conditional Use 97-03; Planned Unit Development 97-03; and Variance No. 97-12 and considered all of the evidence presented; and WHEREAS. public hearings have been conducted before the Planning Commission and City Council all of the testimony presented bas been considered, NOW. THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That the real property subject to these land use applications by Polygon Northwest Company (the "subject property") is owned by Faye Zinuner and Nancy Bocchi and is legally described in Attachment " A", which is affixed hereto and by this reference. incorporated herein. Section 2. That the subject property is depicted on the Exlu1>it Map for Annexation which is affixed hereto as Attachment "B" and is by this reference incorporated herein. Section 3. That based upon the Findings in Support, which is affixed hereto as Attachment "C" and is by this reference incorporated herein, the subject property is hereby 8IU1exed to the City ofWoodbum. Section 4. That the Woodburn Zoning Map is hereby amended. as to ~e subject property, from Marion County "Urban Transition Fann" (UTF) to City of WoodbUrn "Single Family Residential" (RS) based upon the Fmdings in Support, which is affixed hereto as Attachment "C". Page 1 - Council Bill No. 2004 Ordinance No. 2246 ~ ::.~-.;~:,t;,.a.s:;... ~-....'<- ~-...--~ . .' page~ of I~ the ability to develop the site with "smart development" principles. The propOsed development will be providing other significant public improvements during development. This, combined with the projected parks SDC fees will offset the reduction In common open space, lOA (2) That there are exceptional or extraordinary circumstances or conditions applying to the land, buildings. or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings or uses in the same district; however. nonconforming land. uses. or structures in the vicinity shall not in themselves constitute such circumstances or conditions. FINDING: ~, This proposal will implement "smart development" principles contained within the City's TGM grant study prepared by McKeeverlMonis in JW1e 1997. Surrounding properties have developed prior to these design principles being in place, therefore setting this property apart. (3) That granting the application will not be materially detrimental to the public welfare or be injurious to property or improvements in the neighborhood of the premises; FINDING: The proposed PUD will be providing three mini-parle areas as well as a fully improved 3- acre public parle in an area of the City currently lacking adequate parle uses. The reduction in common open will be mitigated by these parle improvements and SDC fees collected from the development. (4) That such variance is necessary for the preservation and enjoyment of the substantial property rights of the petitioner; FINDING: <Rdluiritlg1l4&'A cmmrtOIl"opeD. 'Spaee dedication, (X)wbinedwith.an approximat0.200/o.z ~ -. .w.~... right-of-way dedication would only allow 400A of the site to be devdoped. Neighboring conventional subdivisions are not required to dedicate 6001'0 of its gross acreage for non- residential uses. Therefore, this mtction is met. (5) That the granting of the application will not, und~ the:fircumstances of the particular CtlSe, adversely affect the health of' Sllf~f persons working or residing in the neighborhood of the property of the appliCtJnt; and FINDING: The proposed development. with its nco-traditional characteristics will promote more neighbor-to-neighbor interaction. The fully serviced development will have no adverse n lOA Section 5. That the application granting conditional use approval of a Planned Unit Development (PUD) is approved based upon the Findings in Support, which is affixed hereto as Attachment "c", Section 6. That the application allowing a Variance to open spacelindoor recreation standards is approved based upon the Findings in Support, which is affixed hereto as Attachment ..C" Section 7. That the land use applications approved by Sections 1 through 6 herein ace subject to the conditions contained in Attachment "D", which is affixed hereto and incorporated herein, which the Council finds reasonable. Approved as to form~ /1J.C) City Attorney Approved : Passed by the Council Submitted to the Mayor Approved by the Mayor :~~~:eOfficeOfthe~ ~~ City R<:corde< City of Woodburn, Oregon Page 2 - Council Bill No. 2004 It..- S-- - ~~ Date ~~~ November 8. 1999 November 10, 1999 November 10, 1999 November 10, 1999 Ordinance No. 2246 ~ ALPHA ENGINEERING. INC 1'\1 Il'\vnrvu;;.,,,,~ Page --1- of ~ lOA AUGUST 10, 1999 BOUNDARY DESCRIPTION FOR ANNEXATION PURPOSES ONLY BOONES CROSSING, WOODBURN JOB NO. 395-011 A PARCEL OF LAND LOCATED IN THE PETER RAYMOND DONATION LAND CLAIM NO, 58, IN SECTIONS 18 AND 19 TOWNSHIP 5 SOUTH, RANGE 1 WEST, AND SECTION 13, TOWNSHIP 5 SOUTH, RANGE 2 WEST, OF THE WILLAMETTE MERIDIAN, MARION COUNTY, OREGON, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE PETER RAYMOND DONATION LAND CLATh1 NO. 58 LOCATED IN SECTION 18, TOWNSHIP 5 SOUTH, RANGE 1 WEST, OF THE WILLAMETIE MERIDIAN, MARION COUNTY, OREGON; THENCE NORTH 89035'00" WEST, 949.61 FEET; THENCE SOUTH 40054'50" WEST, 88.04 FEET; THENCE NORTII 61046'06" WEST, 102.57 FEET; TIffiNCE SOUTII 41011'57" WEST, 507.13 FEET TO THE TRUE POINT OF BEGINNING AT THE SOUfHEAST CORNER OF THAT TRACT OF LAND DESCRIBED IN REEL 224, PAGE 88, MARION COUNTY DEED RECORDS, BEING ON TIlE NORTH LINE OF THAT PARCEL OF LAND CONVEYED TO FAYE E. ZIMMER AND NANCY K. BOCcm BY DEED RECORDED IN REEL 1229, PAGE 681, MARION COUNTY DEED RECORDS, ALSO BEING ON THE EXISTING CITY LIMITS OF TIlE CITY OF WOODBURN; THENCE ALONG SAID CITY LIMITS ON SAID NORm PARCEL LINE, NORTH 60043'29" WEST, 494.57 FEET, MORE OR LESS, TO THE NOR11IEAST CORNER OF A TRACf OF LAND CONVEYED TO JAMES A. ROARKE AND LOIS E. ROARKE BY DEED RECORDED IN REEL 300. PAGE 590, MARION COUNfY DEED RECORDS; THENCE LEAVING SAID CITY LIMITS, ALONG THE EASTERLY LINE OF SAID ROARKE TRACf, SOUfH 41015'00" WEST, 86.13 FEET, MORE OR LESS. TO AN ANGLE POINT THEREON; THENCE ALONG SAID BASTERL Y LINE AND THE - . eASTERLY. LINE OF -mAT "TRACT OF LAND CONVEYED TO EMIL KiSTNER . AND TILLIE KISTNER BY DEED RECORDED IN REEL 134, PAGE lOS, MARION COUNTY DEED RECORDS, sourn 25030'00" WEST, 228.23 FEET TO THE SOUIHEAST CORNER OF SAID KISTNER TRACT; THENCE ALONG THE SOUfH LINE OF SAID KISTNER TRACf AND ITS WESTERLY EXTENSION, NORm 61000'00" WEST. 589.77 FEET TO THE WESTERLY RIGlIT OF WAY LINE OF BOONES FERRY ROAD (MARKET ROAD NO. 38, BEING 60 FEET Plau w.c. SukeUO.9600SW Oak. rortlaad.Orecon97223 Office SOJ-4H-IOOS. Fa" SOJ-4H.aG4S ~ ALPHA ENGINEERING. INC, P~g~'~~i ~ lOA BOONES CROSSING ANNEXATION DESCRIPTION (CONTD.) WIDE); THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE, SOUTH 24030'00" WEST, 1802.95 FEET TO THE WESTERLY EXTENSION OF THE NORTH LINE OF THAT PARCEL OF LAND CONVEYED TO NANCY R. VEZEY BY DEED RECORDED AS REEL 1243, PAGE 272, MARION COUNTY DEED RECORDS; THENCE ALONG SAID WESTERLY EXTENSION AND SAID NORTH PARCEL LINE, SOUTH 89015'00" EAST, 549.11 FEET; THENCE SOUTH 00045'00" WEST, 37.00 FEET; THENCE SOUTH 89015'00" EAST, 1510.00 FEET, MORE OR LESS, TO THE EAST LINE OF SAID VEZEY TRACT; THENCE ALONG SAID EAST LINE, NORTH 00045'00" EAST, 37.00 f:EET TO THE NORTHEAST CORNER OF SAID VEZEY TRACT, ALSO BEING THE SOUTIIWEST CORNER OF THAT TRACT OF LAND CONVEYED TO FRANK R. HAWLEY AND ALMEDA HAWLEY BY DEED RECORDED IN REEL 323, PAGE 406, MARION COUNTY DEED RECORDS; THENCE ALONG THE WEST LINE OF SAID HAWLEY TRACT, AND THE WEST LINE OF TIIAT PARCEL DESCRIBED IN REEL 290, PAGE 157, MARION COUNTY DEED RECORDS, NORTII 00033'40" WEST, 903.42 FEET, MORE OR LESS, TO TIIE SOUTH LlNE OF A TRACT OF LAND CONVEYED .TO FAYE E. ZIMMER AND NANCY K. BOCCHI BY DEED RECORDED IN REEL 1229, PAGE 683, MARION COUNTY DEED RECORDS; TIIENCE ALONG SAID sourn LINE, AND ITS EASTERLY EXTENSION, NORTII 89051'13" EAST, 336.92 FEET, MORE OR LESS, TO THE EAST RIGIIT OF WAY LINE OF BROWN STREET; THENCE ALONG SAID EAST RIGIJT OF WAY LINE, NORTII 01<>>32'20" WEST, 120.00 FEET, MORE OR LESS, TO AN ANGLE POINT ON SAID RIGIIT OF WAY LINE; THENCE ALONG SAID RIGHT OF WAY LINE, NORm 88027'40" EAST, 10.00 FEET; THENCE CONTINUING ALONG SAID EAST RIGHT OF WAY LINE, NORTII 01032'20" WEST, 305.54 FEET, MORE OR LESS, TO TIlE; EASTERLY EXTENSION OF THE NORm LINE OF SAID ZIMMER AND Boccm ; TRACT; THENCE ALONG SAID EXTENSION AND SAID NORTII LINE, soum . 8905 "'13" WEsT: 394.04 "FEET, MORE OR LESS, TO THE SOUTHEAST CORNER OF PARCEL 2, AS DESCRIBED IN REEL 1393, PAGE .758, MARION COUNTY DEED RECORDS, SAID SOUTHEAST CORNER ALSO BEING ON THE EXISTING CITY LIMITS OF THE CITY OF WOODBURN; TIIENCE ALONG mE SOUTH LINE OF SAID PARCEL 2, AND SAID EXISTING CITY LIMITS, NORm 6Q001'22 WEST, 163.44 FEET, MORE OR LESS, TO mE TRUE POINT ORBEGINNING, CONTAINING APPROXIMATELY 63.51 ACRES. ria... WaC - Suite 210- 9600 SW O.k- Poc1Iaad, Orecon 97223 omcoe 503 -452-8003 - Fu 503-451-800 ~ lXHlljl1 MAr' r UK AI\!I\tt..AA IIUI\J lOCA 1U> IN THE PETER RAYMOND D.LC. NO. 58 AND IN SECllONS 18 AND 19. TOv.NSHIP 5 SOUTH. RANGE 1 ~ST. AND SECTION 13, TOWNSHIP 5 SOUTH, RANGE 2 "-EST, WLlAMETTE MERIDIAN MARION COUNlY OOEGON IDA ATTACHMENT Page -l- of 8 SCALE: '"=400' VAUO UHIQ 12-]1-99 N 89']5"00- w 9~9 ~~-v; NE CORNER PETER RA"(l.C< Ole NO 58 I ~ .p' 0..... $I .... ptJ I / RS (PUD-RS) 2.38".686 SF (5<4.74....C) N 01.~2.20. w 305.5'" N 68"27'''0' E I 10.00 N 01'~2'20' W 120,()C)' L ~J6.92' H 89'S1 13 / .... .. ri o 01 ~ . o .. ;.., 0'\ 8 z 1510.00 '-......... N 00'''5'00. E ~7.00' PROJECT NO. 395-011 SCALE: '-.400' ORA~ BY JTf 8-10-99 'Y$ ALPHA. BNCHNBBlUNO INC. I'UIQIIIG.......... _..~....dinNG CIfnlZ ............ ..rAX lOa ..--lOa PLAZA ....... aura: 110" teOO II' OAK" POaUMD.oa ftIII -- ~ '"" ",........ .,........". Page -'-- of ' ~ lOA FINDINGS IN SUPPORT Boones Crossing Stage Two Review File Nos. Annexation 97-08, Zone Change 97-12, Conditional Use 97-03, Variance 97-12, and Planned Unit Development 97-03 I. BACKGROUND INFORMATION The applicant, Polygon Northwest, requests City of Woodburn approval for annexation, zone change, conditional use, variance, and planned unit development preliminary plat of Boones Crossing (File Numbers Annexation 97-08, Zone Change 97-12, Conditional Use 97-03, Variance 97-12, and Planned Unit Development 97-03). Boones Crossing,---" contains approximately 61.9 acres and will be subdivided into 242 detached single family residential lots, two future multifamily residential lots, a future I-acre commercial parcel, and a future parcel with use yet to be determined. Additionally, there will be three mini- park tracts and a 3-acre City park tract. The primary property owner is Faye Zimmer and Nancy Bocchi. Alpha Engineering is the project planner and engineer. The property may be described as Tax Lots 1100 and 1400 ofT5S, lW, Section 18C and a portion of Tax Lot 600 ofT5S, 1 W, Section 19B. n. PROCEDURAL STATUS In accordance with the procedures set forth in the City of Wood bum Zoning Ordinance, an application package for the aforementioned requests for the Boones Crossing project was submitted by the applicant on October 31, 1997 for consideration by the City of Woodburn Planning Commi~ion and City Council. In accordance with the City of Woodburn Zoning Ordinance, public hearings were held by the Planning Commission and City Council to consider the subject applications. , III. . --APPLICABLEAPPROYALCRITERIA' Annexation 1. The subject property is located within the City's Urban Growth Boundary and is therefore urbani7'-&ble pursuant to Statewide Goal 14.. -- 't 2. The subject property is contiguous with the existing city l~~;, 3. The owners of Tax Lots 1100, 1400, and a portion 600 have petitioned the City for annexation. ... 4:" --"'.~-etty1lm. "'tt~abilitrt(J^~ ptiblwaeFVices to the site.- -~.. - -_0 -- ..,----'<--......, ..,. Additionally, ORS 197.175(1) requires that cities exercise their planning and zoning responsibilities in accordance with Statewide Planning Goals when annexing ~. ........ __ ......._..~______"'-_._.~ a;o.;.~ ~ "'. .nv~Ia.;.,,, I Page of f~ IDA unincorporated territory within a city's Urban Growth Boundary. The following section will list the applicable Statewide Planning Goals. Goal 2 - Land Use Planning - To establish a land use planning process and policy framework as a basis for all decision and actions related to use of land and to assure an adequate factual base for such decisions. FINDING: The City has adopted a Comprehensive Plan and implementing Zoning Ordinance in compliance with this goal. The Boones Crossing application was reviewed in compliance with processes established by the acknowledged ordinances. Goal 7 - Areas Subject to Natural Disasters and Hazards - To protect life and property from natural disasters and hazards. FINDING: The subject site has been surveyed to determine if any hazards, such as wetlands or floodplain impact the site. There are no hazards that would impact the proposed Boones Crossing PUD. Goal! 0 - Housing - To provide for the housing needs of the citizens of the State. FINDING: The subject development would provide housing opportunities for first time homebuyers or first time move up buyers. Additionally, the mix of single family detached and multifamily attached residential choices gives residents ofWoodbum options for housing. Goal II - Public Facilities and Services - To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for UIban and rural development. FINDING: The applicant's utility p1ms.ami ~ital improvement plans-demonstrate1bat public. - ~,- - facilities and services are available to the site. Additionally, public improvements constIUcted by the Boones Crossing development will provide. the framework for extension of public services to the subject area of the City's Urban Growth Boundary. Goal 12 - ~ransportation - To provide and encourage a safe, CQ.nvenf;t and economic transportation system. .- . ' - FINDING: .. The Boones Crossing'~ve1Ollmeiit*m 1>1 <1'9 ide rretessarylnrptovements' to-adjoin,iftg- -- ... streets as well as necessary street improvements internal to the development. The Boones Crossing development will provide transportation improvements serving vehicular, bicycle and pedestrian circulation. v ATTAOH~ENT _ Page of - I~ IDA Goal 14 - Urbanization - To provide for an orderly and efficient transition from rural to urban land use. FINDING: The subject site is within the City's Urban Growth Boundary. The site is adjacent to the existing city limits and has public utilities available to the site, Zone Change The applicable approval criteria for the proposed zone change is as follows: (1) Complies with the Comprehensive Plan; =--" FINDING: The proposed zone change from Marion County Urban Transition Fann (lITF) to RS with a PUD overlay complies with the Comprehensive Plan Map designation for the site as residential use. (2) There is a public need for the change; FINDING: The applicant has provided a market analysis demonstrating a need for single family lots with homes in the $110,000 to $160,000 range. The proposed PUD has been designed using <<smart development" techniques with a mix of uses. The proposed RS zone allows PUDs through the Conditional Use process. (3) The need is met by this proposal; FINDING: The RS zone on this 61.9 acre parcel provides a single property with the scale necessary to develop a PUD with "smart development" techniques including home sites, street system, open space and park areas, pedestrian linkages and neighborhood commercial opportunities. (4) Availability of other appropriately zoned land in the vic;inity; l FINDING: There are no other single parcels of similar size necessary to a dev~lop a PUD of this size in the vicinity. (5) Unable to make reasonable use of the land as it is currently zoned. r ATTACtjMENT C- Page~ of '~6A FINDING: The site is currently zoned County lITF. It is not developable in a manner that will meet the needs of the area without annexation or zone change to RS. Conditional Use The applicable approval criteria for the proposed Conditional Use is as follows: (1) That the Planning Commission has the power to grant the Conditional Use: FINDING: -=-""' Section 14.030 of the Zoning Ordinance authorizes the Plarming Commission to hear and decide Conditional Use requests. The subject conditional use was heard by the Planning Commission prior to being forwarded to the City Council for consideration. (2) That such Conditional Use, as described by the applicant, will be in hannony with the purpose and intent of the district; FINDING: The majority of surrounding land uses are residential. The City Council has determined that the proposed PUD will be compatible with the adjoining residential uses. (3) That any condition imposed is necessary for the public health. safety or welfare, or to proted the health or safety of persons working or residing in the area. or for the protection of property or improvements in the neighborhoods. FINDING: The City Council has imposed the Conditions of Approval, attached hereto, to iIlSUfC that the intent of this criterion is met. Variance The applicable approval criteria for the proposed Variance is as follows: (1) That there are unnecessary. unreasonable hardships ~lpractical difficulties which can be relieved only by modifying the litera; requirements of the ordinance: FINDING: The City Council has determined that requiring 40010 (24.8 acres) as common open space. combined with the necessary right-of-way dedications on the 61.0 acre site would limit r P~g;V' y"-~ I 5 affect on the health or safety of persons working or residing in the development or in the vicinity, lOA (6) That granting of the application will be in general harmony with the intent and purpose of this ordinance and will not adversely affect any officially adopted Comprehensive Plan, FINDING: The development will provide adequate public open space and park areas, These areas, combined with the SDC parks fees will mitigate the reduction of common open space and meets the intent and purpose oftrus ordinance. --.' Plarmed Unit Development The applicable approval criteria for the proposed Planned Unit Development are contained within the City of Woodburn Comprehensive Plan sections: A - Residential Land Development Plan Policies; B - Commercial Land Development Policies; G - Housing Goals and Plan Policies; H - Public Service Goals and Plan Policies; and I - Transportation System Plail Goals and Policies. IV. COMPLIANCE WITH COMPREHENSIVE PLAN GOALS AND POLICIES A. Residential Land Development Plan Policies. A-I.. Residential areas should be designed around a neighborhood concept. Neighborhoods should be an identifUlble unit bounded by arterials. non-residential uses, or natural features of the terrain. The neighborhood should provide a focus and identity within the community and should have a community facility such as a school. park or privately owned community fa.cilityto allow for interaction Within the neighborhood. FINDING: The Boones Crossing site is bounded by Boones Ferry Road along the project's western portion and by a proposed south street along the project's south boundary. The development will provide the neighborhood with three tree lined "boulevards" featuring landscaped medians or tracts. Tbn:e mini-padcs will be constructed to provide neigbbotbood residents recreational opportunities. The central parle will serve as the neighbotboCf's focal open space area and as the nexus of the single famUy residential, multifam!y residential, and commercial segments of the PUD. Amenities in Boones CroSsing are Sca1ed to the neighborhood in which they have been located. A-3. Development should promote. through the use of moderate density standa~ds and creative design. a feeling of openness and spaciousness with sufficient landscaped area and open space to create a pleasant living environment. ATTAC~~ ~ Page of IS lOA FINDING: The proposed density for the Boones Crossing PUD is approximately 5.4 units per acre. 11Us is consistent with the City's density range of 12 units per acre (maximum) for the Low Density Residential Plan designation. A -4. Streets in residential areas should be used by residents for access to collectors and arterials. Residential streets should be designed to minimize their use for through traffic. however. whenever possible dead-end streets and cul-de-sacs should be avoided. FINDING: The internal street system for Boones Crossing is designed to move vehicles through the neighborhood with a minimum amount of out of direction travel and onto either Boones Ferry Road or the proposed southern street. Boones Crossing is designed with a neo- traditional, pedestrian oriented lotting pattern. The street layout has been designed to limit vehicular travel while encouraging pedestrian and bicycle use through the provision of tree lined streets and pathways. The number of streets accessing Boones Ferry Road and the south arterial were kept to a minimum per City access standards, but will allow for a neo- traditional grid-like lotting pattern. The use of narrow local residential streets will also to serve to reduce traffic speeds further enhancing the pedestrian friendly goal of the development. A-5. Residential developments should strive for creative design which will maximize the inherent values of the land being developed and encourage slow moving traffic. Each residential development should provide for landscaping and tree planting to enhance the livability and aesthetics of the neighborhood. ~ -,.- ~--~'i!".::'f!" FINDING: The internal street system, styled largely after the traditional grid pattern, will generally have 28-foot improvement widths on the majority of the streets (City's Local Residential T ~. ~-, ~ . ~kinnyfl-Btreet <<andani). ThistMm9W impFOvemcm wilLscnre a.~ a ~~.-., k ~~ All streets will have planting strips, landscaped with street trees as illustrated on Sheet 8 - Open Space, Parlcs, and Street Details. 1bree streets will also have landscaped center medians or tracts providing an enhanced sense ofidentity to the community. A-9. Industrial and commercial uses which locate adjacent I~ res~Ltial t)reas should buffer their use by screening and design control, and should be Co~t~olled with sufficient setback so their location will not adversely affect the residential uses. FINDING: The site for the commercial aspect of this development is at the intelSCdion of Boones Feny Road and the proposed southern street. A primary function of the commercial area will be J'\l lJ'\v't;t::N I Page of I~ ~ h . ' . UD ti lOA to serve t e residents wlthm the Boones Crossmg P ,there ore buffering of the commercial uses will be accomplished through design control rather than screening. The central park will provide a buffer between the single family uses and the commercial area, Additionally, the multifamily area will also serve to buffer the single family uses from the commercial area in a continuum of intensity, A-lO. High density residen/ial areas should be loca/ed so as /0 minimize /he possible dele/erious effec/s on adjacen/ low density residential developments, When high density and low density areas abul, density should decrease in those areas immedia/ely adjacen/ to lmv density residen/ial land. Whenever possible. buffering should be prac/iced by such means as landscaping. sigh/-obscuring fences and hedges. and increased setbacks. FINDING: Streets and/or the central park will separate the multifamily residential uses from the single family area. Land uses have been tiered to become less dense as they move away from the intersection of Boones Ferry Road and the southern street in an effort to blend with the surrounding community. lbis tiered effect places the neighborhood commercial at the intersection of the two bordering streets. The commercial area is then ringed by the multifamily uses and central park. The single family area then forms the outer ring of development. A -1 1. Traffic from high density residential areas should have access to collector or arterial streets without going through other residential areas. FINDING: The Boones Crossing community is adjacent to an arterial street and proposed southerly street. This location will limit the amount of traffic accessing the multifamily sites from proceeding through existing neighborhoods. B. Commercial Land Development Policies. B-3. Strip zoning should be discouraged as a most unproductive form of commercial land development. Strip zoning is characterized by the use of Smllll parcels of less than one acre, with lot depths of less than J SO feet and parcels containing multiple driC. access points. Whenever possible. the City should encourage or require commert~ opments which are designed to allow pedestrians to shop without relying on the private autlimobile to go from shop to shop. Therefore. acreage site lots should be encouraged to develop ""mall type" developments. that allow a .one- s7iijJaird shop opportunity. Cottrmerctahll!Velopments or commercial development pauerns which require the use of the private automobile shall be discouraged. ATTACH~ENT C-- Page . of I~ 1QA FINDING: The size of the commercial portion of Boones Crossing is sized to be of a smaller neighborhood scale allowing pedestrians to access all shops within the commercial area without needing to rely on their car to get from store to store. Additionally, many residents of Boones Crossing will be able to walk or bike to the commercial area, consistent with smart development, thus reducing the number of car trips necessary for shopping purposes, The nature of the development is pedestrian oriented, including the conunercial area which is limited in intensity to serve the neighborhood through pedestrian connections, B-4. Arcllltectural deSign of commercwl areas should be allractive with a spacious feeling and enough landscaping (0 reduce the visual Impact of large expanses of asphalt parking areas, FINDING: Due to the commercial area's proximity to the residential area of Boones Crossing, it is essential to ensure that the commercial area is attractive. The City will have the opportunity to conduct a detailed review through Site Plan Review process when the commercial area develops. B-6. Commercial office and other low traffic generating commercial retail uses can be located on collectors or in dose proximity to residential areas if care in architecture and site planning is exercised. The City should insure by proper regulations that any commercial uses located close to residential areas have the proper architectural and landscaping buffer zones. FINDING: The conunercial portion of the PUD has been sited at the intersection ofBoones Feny Road, classified as a Minor Arterial on the Transportation Plan and a proposed southern street. & noted previously. the Boones Crossing PUD has been designed with a tiered land use = pN~~\ ~ the..iutersection. followed by a.ring..Q(@!l1.uWnily <Nt<l ~ _ ._ ~ central park). followed by the single family lots. Streets. parks. and landscaping will aU serve to buffer the conunercial area from the single family portion of Boones Crossing. Also. as noted in the response to Plan Policy A-9. the buffering of the couunercial area from the residential area will be accomplished through architectural design controls. G. Housing Goals and Plan Policies. l . G-J. '1"M-hcusing-goal of the city- is -10 insure that adequate Iwusirzgfo.r !Ill s_e,go.G dlb!L. _ _ _ community is provided. FINDING: The Boones Crossing PUD will provide housing opportunities for several segments of the 1~ ATTAC~ENT <..:--- Page.if? of I S loA residential market The development will provide housing for first time home buyers and fU'St time move-up buyers as well as one or two types of attached housing (townhomes and/or apartments) for those relying on the availability of rental units, thus addressing the needs of three to four different sectors of the community. G-I -2. It is the polley of the City to encourage a variety of housing types to accommodate the demands of the local housing market FINDING: As noted in response to G-I, the Boones Crossing PUD will be providing housing for three to four market areas: the first time home buyer; first time move-up home buyers; attached housing for rent; and apartments or townhomes (to be developed in a later devdopment proposal). This mix of housing will provide housing opportunities for a broad spectrum of Woodburn's citizens, H. Public Service Goals and Plan Policies. H-l. It is the goal of the City to provide adequate public services to all areas of the City to include: * Sewer lines of adequate capacity; * Water lines of adequate capacity for both domestic supply and fire fighting capabilities. and Storm drainage to prevent flooding of valuable property where feasible; * FINDING: The Boones Crossing PUD will not only provide services adequate for the development of the Boones Crossing site. but will also provide needed services to neighboring properties in this area of the City. The extension of services to the Boones Crossing site will enhance the __ . City's capability-OLproviding these services-tothe .city~sresidents beyond the BOODeS_ _ . _ . . Crossing site. Sewer, water and stonn drain lines are provided to the property in satisfaction of City standards. (please refer to Sheet 7 - Utility Plan and Sheet 9 - Capital hnprovements Plan for additional details.) . To provide a central system to accommodate the service lin~ ilinclude: Sewage treatment facilities sufficient in capacity to accomm.~e the City s growth until the year 2008: Lij'LsJatiD1IS..D.S necessary ta.secvice the sewer lines; _ _ _ _ _ __ _ Well storage and treatment of water as is necessary to accommodate the needs of the City. and: Detention systems for flood water and storm drain runoff so as not to overburden the drainage systems of the City. B-2. .. . . ATTACHMENT t ~ Page.JL of , ~ lOA FINDING: The Boones Crossing site will be able to utilize gravity served sanitary sewer lines. The sanitary sewer lines constructed as a part of the Boones Crossing PUD but will also serve a wide area in this part of the City's planning area. Regarding water, Boones Crossing will not only be installing internal water lines, but will also be installing water lines in Boones Ferry Road and the southern street providing water service to neighboring properties. Boones Crossing will construct two water quality facilities to handle storm water retention during peak flows. (Please refer to Sheet 7 -Utility Plan and Sheet 9 - Capital Improvements Plan) H-5. Development Zones - The City should encourage development in areas of existing facilities first. Secondly, the City should encourage development in areas where extensions of existing city services can be accommodated. The city should encourage development of new areas to which services can be most cheaply extended. The City should develop any other areas only as a last resort. The City wi/I adhere to the policies in the Stonn Water and Water and Sewer elements of the Comprehensive Plan. FINDING: The 60-acre Boones Crossing location provides the applicant with a site of sufficient scale to develop a viable smart development project. Development at this location will provide the City with service extensions to an area currently lacking. The Boones Crossing PUD will also be providing the City with street improvements proposed on the City's Transportation System Plan. This request for PUD approval is therefore consistent with this policy. H-6. To insure that the growth does not increase the cost to the present Qty residents, the City's policy should insure that new developments pay for any additional services they demand. The Qty shaII institute the necessary taxes and fees to insure that this is accomplished as far as is practical. FINDING: Polygon Northwest will pay for the public improvements as outlined in the conditions of approval. Where appropriate, Polygon Northwest will pay for approved connection fees and SOC's related to the expansion of services in compliance with this plan policy. I. Transportation System Plan Goals and Plan Policies. . t . In June of 1996, the City adopted a new Transportation System Pl~ Woodburn Transportation System Plan. in compliance with the state statue and administrative rule (OAR 660 Division 12). This plan repeals and supersedes the City's earlier transportation plan. Appendix "E" of that plan identifies potential changes to the City Compldlensive Plan. Subdivision Ordinance and Zoning Code. However, the City has not adopted these recommendations. ATTACHMENT c.,., lOA Page -'..iZ:::... of I 5' Goal] Develop a multi-model transportation system that avoids or reduces reliance upon one form of transportation, and minimizes energy consumption and air quality impacts, Policies: J. Develop an expanded intra-city bus transit system which will provide added service and route coverage to improve the mobility and accessibility of the transportatioll disadvantaged. and to attract traditional auto users to use the system FINDING: This plan takes into account the potential for an expanded intra-city bus transit system. The commercial area will accommodate space for a future public transit stop servingt.'~ south end of the city. The pedestrian friendly design of Boones Crossing allows residents the ability to walk or bike to a future transit stop at this location. 2. Develop a plan for providing travel options between Woodburn and Portland and Portland and/or Salem, including inter-city bus service and potential bus/carpool park-n- ride facilities. FINDING: Woodburn currently does not have an inter-city city transit system. If the service is initiated as envisioned in the Transportation System Plan, the parle and ride system, located at the 1-5 and Oregon 214 interchange, will not have a direct physical impact on this proposed development. 4. Develop a bikew~y system which will provide routes and facilities to allow bicyclists to travel from residential areas to schools, parks. and places of employment and commercial areas. Off-street facilities in City greenwaylpark areas will be -ide.ntifJed.- ,In&.ure.aU new coUector a1Ul arterial streets are constructetLwitb.bike1anes. . - - - ~- .- FINDING: The Woodburn Bicycle Facility Plan identifies Boones Feny Road, Brown Road, and the southern street to be constructed with an on-street bike route. Improvements to these rights- of-way will provide the required on-street striped bike lane. AdditionalJY, bike padcing will be included in public areas such as the commercial portion of the d~elo4mmt as well as the park areas. ;- ~,. : 5. Identify sidewalk and off-street pathway improvements to improve pedestrian mobility within neighborhoods and between residential areas and schools. parks. places of employment and commercial areas. Insure all new collector and arterial streets are constructed with sidewalks. ~. ATTACHMENT C!..- Page...L3..c. of I ~ lOA FINDING: The new Transportation System Plan reconunends construction of sidewalks along with the construction of new streets. In conjunction with the development of Boones Crossing, full sidewalk improvements (as shown on Sheet 4 - Preliminary Subdivision Plat) will be provided throughout the development. In addition to the provided sidewalks along the street rights-of-way, Boones Crossing will also provide a greenbelt pathway bisecting the two blocks immediately east of the central park (see Sheet 5 - Landscape Master Plan). This greenbelt pathway will provide an attractive, convenient pedestrian linkage to the development's main park parcel from the single family residential area of the PUD, Goal 2 -~, Develop a street system which will handle projected year 2015 traffic demands in the Woodburn area. and interconnects residential areas with employment centers. schools, parks. churches and regional transportation facilities. Policies: 1. Develop an updated roadway functional classification plan for the Woodburn area. that reflects the desired function of different roadways. and is consistent with current federal guidelines for the designation of major streets in an urban area. FINDING: Boones Feny Road and the southern street are both shown as Minor Arterials on the City's Street Functional Classification Plan. Brown Road is classified as an Access Street on the Plan. The Boones Crossing PUD will appropriately connect to all three roads. The dedication and construction of the southern street provides the City with a needed transportation link identified in the City's Transportation System Plan. 4. Identify new east-west and north-south collector/minor arterial streets within the Qty to relieve traffic demands on Highways 2191214. 211 and 99E. FINDING: The City has identified a new south arterial connecting Highway 214 and Highway 99E in the western and southern portion of the City. The alignment for the new south arterial was detcnnined in part by the analysis of Kittleson and Associates, a transportation plAnning and traffic engineering consulting firm and through the cooperation of the p~ owners in the area who are supportive of the proposed alignment. The applicant ~ incorporated this arterial into the Boones Crossing plan and will build that portion of :the roadway adjacent to the project. 5. Develop updated street design standards for arterial. collectors. and local streets. ~ FINDING: Polygon Northwest will comply with street design standards as specified in the June 1996 Transportation System Plan. Boones Ferry Road and the southern street will be constructed to the standards for a minor arterial. Interior streets, with the exception of the landscaped boulevards, will be designed to the local residential "skinny" street with parking on both sides. The landscaped boulevard streets have a modified design that provides two 14-foot travel lanes with a 10-foot landscaped median and no on-street parking. Please refer to Street Sections on Sheet 8 - Open Space, Parks, and Street Details. ATTAC,HJ1ENT C- Page of 1<;" toA Goal] Develop transportation improvemellts that will improve overall traffic safety in the Woodburn area, Policies: 2. Develop a plan for improving pedestrian and bicycle safety for travel tolfrom local schools. FINDING: Boones Crossing has full street improvements throughout the development providing sidewalks on all streets and bike lanes on those streets identified on the City's Bicycle Facility Plan. Internal to the Boones Crossing development, the streets have narrow street sections or traffic medians to reduce speeds. Extemally, Boones Crossing will be providing needed improvements to two arterials and one access street. Goal 4 Develop a set of reliable funding sources that can be applied to fund future transportation improvements in the Woodburn area. Policies: 3. Identify a traffic impact fee structure associated with new developments in the Wcxxiburn area to fund transportation improvements. FINDING: Polygon Northwest will comply with the adopted SDC fee and TIF schedule. GoalS , ' Develop amendments to City land use standards and ordinances to reduce travel demand and promote use of modes of transportation other than the automobile. l Policies: J. Identify changes in the Woodburn Zoning Ordinance to encourage implementation of Transportation Demand Management (TDM) strategies by local businesses. TDM " Page 12- of I~ strategies should include bicycle and car pool parking provisions. and al/o.:vable overalllOA parking reductions for employer institution of TDM strategies. including transit fare subsidies. car pool matching programs. and flexible work hours, 2, Identify changes in the Woodburn Zoning ordinance to encourage transit and pedestrian-oriented development. This includes proper building orientation to improve access for transit users and patrons, direct pedestrian connections, and bus stop provisions where appropriate development. 3 Identify changes in the Woodburn Subdivision Standards (0 encourage neo- traditional development pattern and adequate local street standards (0 accommodate all modes of transportation, -=--",' 4. Adopt traffic impact analysis guidelines to be used by the City and developers to identify the impact of new development on street system improvement needs. FINDING: The City has identified potential changes to the Zoning Ordinance, and Subdivision Standards and Comprehensive Plan to implement these policy recommendations. To date these changes have not been adopted by the City Council and are therefore, not directly applicable. V. PUBLIC TESTIMONY RECEIVED Testimony in support of the applications was presented by the applicant and their representatives. There was no opposing testimony. l r CONDmONS OF APPROVAL ATTACHMENT D Page -1- of } '3 lOA The applications are granted subject to the following conditions: A. PLANNING: I, The conditional use and variance requests are subject to the approval of the annexation and zone change requests. 2, Any subdivision of the parcels shall comply with the applicable zoning ordinances and regulations and any ordinance or regulation adopted under ORS 92.044 that are in effect at the time of approvaL 3. The Planned Unit Development (hereinafter <<the pun") shall be in substantial conformity with the preliminary plan, 4. The Applicant shall provide for the instaIlation of all franchised utilities and any required easements on the final plat. Street lighting shall also be provided, as per PGE plan schedule "B." 5. The Applicant shall provide City staff with a final light plan for the proposed development for review by the Planning and Police Departments. 6. The Applicant shall show compliance with the vision clearance standard specified in Chapter- 8 of the Woodburn Zoning Ordinance. 7. The Applicant shall setback the garage 20 feet from the front property line or 20 feet from the side property line if the side yard is adjacent to a street. 8. The Applicant shall comply with the single &mily dwdJing driveway standards specified in Chapter- 10 of the Woodburn Zoning Ocdinance. 9. The Applicant shall.apply for site plan review for placement of the multi-family units and neighborhood commeccial buildings in Phases 3 and 4. In additio~ the Applicant shall include the development of the neigbborbood park in Phase 2 rather than Phase 3. The neighborhood park shall be available for use by the &:insle &mily lots within Phases 1 and 2 of the Boones Crossing PUD ot the time that tbeoe phases llIC~. 10. The phases of the development shall be Phases 1. 2. 3. and 4 asdeptcted on the fonowing preliminary plat/subdivision map: . Page 1 - Conditions of Approval, Boones Crossing PUD il~l I 11~~l{li <,,1'i<("'O(~ Jli~~:lt ~ I III I ,III'!IIII'I'I i !!I~ : : : I Illblih l.~~ III :t....;...q- Uf iii;~!!: U I ~ Il - -::: I ! E ~ ~ ~ E ~ ~ S 00<..... E~ ,,~ ll. ~ - i ;R~ . .l'll B~ 8;~t._ lOA qf~ISu I!ftl'r u II-I J~ II 2 ~E li ~~ . ~ i --:::::::::::::::::::--_ c; '-,: --------- ---..~-,- .... .,..., --~........~..~~.~;-----;:;.- ,- ~ ~-~;-:-...;;- HMENT D of -.13"-.- - -- - - -- _. '- -- ~.--,. .--- ...- .::!> .... ~ #5' _-. ~ ~~ ----- ~ ..-------- .----- el~O j ~ ~~C - ~i: C . ~- ~:D .e:::.. ~~n ~" f rCl. )> . l-t I f-- !~c: 1m:! ,0 I=<C JftIr;JL:ONES CROSSING ID~~r- IfJ W MEI.MWlY fLAT 18UIClMIlOH MAl' liii::J L- Page 2 - Conditioas of Approval, Boonoa CroaiDs PUD ~~I~ t:Hn:I ~: 10 66# 12 00 ATTAC~ENT~ Page ~ Of~O}\ 11. SCOPE OF USES ALWWED WITwri THE NEIGHBORHOOD COMMERCIAL AREA AND CONDmONS ON ALWWED USES. The areas identified in the Applicant's site plan, designated for commercial use, shall be restricted to neighborhood commercial uses as set forth below. The neighborhood commercial area shall be primarily oriented to serve the residents of the PUD. Neighborhood commercial uses are intended to be low-impact, pedestrian-oriented businesses. The proximity of these commercial uses to residential uses in the PUD should reduce automobile trips and promote energy conservation. Furthermore, this neighborhood commercial area should not significantly compete with similar uses in other areas of the city. Such uses shall be limited to certain types of personal services. retail businesses and professional offices. The standards set forth below will allow the city to control the impacts of such development, while at the same time, provide reasonable flexibility in attracting viable and compatible commercial businesses to support this mixed- use development. The allowed uses within the neighborhood commercial areas identified in this PUD shall be as follows. subject to site plan review: a, Pennitted Uses I. Familv Services _...... ;- _-=- ==- ....:r-- _..:0.. 0 (1) Pre-schools (2) Day care facilities (3) Nurseries (4) Kindergartens (5) Other family service uses determined by the Planning Director to be similar in nature and impact to the uses set forth above Personal Servtcel""witli-...gr6~floor area perbusiness'ofS;OOG-square feet~ or less, including: u. ~ :--,,_'-L~3 #~.....s ~ ..: ~ -:;S'::_,- _ (1) Barber shops (2) Beauty shops (3) Bank or other fuw1cial institutions . i (4) Laundry and tailor services r (S) Pbannaci.es (6) Real estate offices --=-' (7f Otha paa~G4!l(F~Minoo.by'ilie Planning Dir~or to be.: ~ ..~ similar in nature and impact to the uses set forth above Page 3 - Conditions of Approval, Boones Crossing PUD ~ ATTAC~ENT V Page '~of /3 IDA 111. Retail Businesses with a gross floor area per business of5.ooo square feet or less, including: (1) Antique shops (2) Art and photo supply shops (3) Cafes, coffee houses and bakeries (4) Ice cream/candy stores (5) Florists (6) Gift Shops (7) Other retail businesses detennined by the Planning Director to be similar in nature and impact to the uses set forth above, IV. Single Familv Dwellings above. beside or behind a neighborhood commercial use. b. Conditional Uses: l. Grocery StoresIHea1th Food Stores n. Video Rental Stores w. Professional offices for accountants, attorneys, medical. dental or othec allied professional offices and clinics, primarily oriented to serve residents of the PUD. c. Conditions on Allowed Uses: i. Businesses may be open to the public only between the hours of9 8.m. to 7 p.m. n. Personal services or retail businesses with more than 5,000 square feet of gross floor area per business sbaU not be allowed. w. No drive through businesses sball be allowed. IV. All Site Plan Reviews sball-be reviewed by the Home Owner's Association prior to submittal to the PI..nning Commi~on. _.. ~~.'~~eftho.astlwestminorarterialshaJlbe ~L)!'~~r-_ d~,ted a base zone ofPUD Single FamDy Residential subject to the right of the Applicant to apply to the Planning Commission and the City Council at a later date to obtain authorization to use the area for commercial uses. 12. The Applicant shall provide City staffwith a copy of the final ~..& R's (Homeowner's Association) before City stafFwill sign oft" on the plat. j'he Applicant shall also provide City staft"with a copy of the m:orded CC &, R's. . ,- - : ~ . l.3. The.AppUcant sbaJ1 itlOOtpOnI(e t~ mldti~ complexes and n~rhQQ.C1__~ ~-""""- . conunercial areas into the Home Owner's Association CC &, R's. - Page 4 - Conditions of Approval, Boones Crossing PUD r AllA~HMtNI ~ page.-.5.- of I .3 lOA 14. The Applicant shall construct and dedicate to the City a three-acre neighborhood park to be located within the PUD. The parle will be open to the public and will serve the PUD and surrounding neighborhood. 15. Construction of the neighborhood parle by the Applicant shall conform to all City standards. The Applicant's minimum design and construction budget (which shall be expended by the Applicant to create the neighborhood parle) shall be $350,000. 16. In addition to the neighborhood park described above, the Applicant shall pay to the City a Recreation and Parks Systems Development Charge of$161,805, This is collected as a regulatory charge, based upon the City's Systems Development Charge methodology, and does not constitute a development exaction, 17. Final plans shall conform to the construction plan review procedures and standards. The final construction plan shall include street landscaping and lighting. Street landscaping shall be complete prior to acceptance by the City. 18. Construction shall conform to the City of Woodburn standard specifications and aU state building codes. 19. The Applicant shall provide the City with an acceptable bond or contract for improvements as required in the Woodburn Subdivision Standards, Chapter m Section 6 (4) prior to acceptance of the final plat and issuance of a building permit. 20. Prior to any construction, a reprodua"ble mylar of the final plat shall be filed with the Public Works Department after all required signatures have been obtained and the plat has been recorded with Marion County. 21. On-site construction shaI1 not commence until the improvement plans have been _. 0 - ,... '" = ~ ~ . ~ -Ceviewe6..~by the Public Wodes Department and aJlrjght~f-waY~~....-nl"""" system development charges and parle fees in effect at the time of building permit issuance have been paid. 22. Upon acceptable completion of all improvements to be maintained by the City, the developet'" shall provide the City a maintenance bond good for one Ye8!t in the amount of l00A of the improvement cost. - t . ' 23. Prior to building permit issuance the Applicant shall submit one set of reproducible as-builts. Page S - Conditions of Approval, Boones Crossing PUD T ATTACHMENT V page~of~ ~ .~A 24. Site Plan Review shall be required for the proposed multi-family units within the PUD. At the time of Site Plan Review. the Applicant shall comply with the Woodburn Zoning Ordinance. 25. The Applicant shall conform to the "Boones Crossing Landscape Master Plan" (which was submitted by the Applicant and marked Attaclunent P) which is incorporated herein by the reference. The Applicant shall also conform to the "Boones Crossing Open Space, Parks, and Street Details" (which was submitted by the Applicant and marked Attachment Q) which is also incorporated herein by this reference. The Applicant shall place street trees along each of the roadways and shall cooperate with the Woodburn Parks Department in the design of the 3 acre neighborhood park on the southwest side of the subject site which the Applicant is required to dedicate and construct. 26. The Homeowner's Association shall be responsible for watering, maintaining all landscaped areas, and for replacing dead or dying plant materials. The Applicant shall assume Homeowner's Association responsibilities with respect to landscape maintenance during the first year of each phase of construction. The Applicant shall instaI1 a permanent inigation system under the common landscaped areas. Any other landscaped areas. such as the pedestrian pathway and.landscaped medians, shall be planted with materials that are not dependent upon inigation." 27. Prior to construction, the Applicant shall provide a concept illustration and preliminary scale drawing of the proposed entry monument signs to City staff for review and approval." 28. 1l1e Applicant shall be responsible for platting and recording the lot in accordance with the subdivision standards. B. PUBLIC WORKS: GENERAL CONDmONS ._" ;0 _ l.~.., ~~~J,Q~nplanseviewproceduresand_____ l!"'"'"=~""= standards. 3. On-site existing water wells and subsurface sewage disposal systems shall be abandoned by the Applicant in accordance with state regulations. All City-maintained facilities located on private property. ~ t<-uire a minimum 16-foot wide utility casement to be oonveyed to the City. .. "- - : 2. ~- -~ 4..,. The Applicant, not the. City is responsible. for obtaining ~ts from any state ~__ and/or federal agencies which may require approval or pennit.-- - Page 6 - Conditions of Approval, Boones Crossing PUD r ...... ATTACHMENT .v Page -2-?f ( ,:; 5. The Applicant, by this development, shall not cause storm water runoff to be impounded on adjacent properties. lOA 6 The subdivision shall be platted in accordance with standard surveying practice, approved and recorded with Marion County. 7. The Applicant shall provide for the installation of all franchised utilities and shall provide any required easements on the final plat. Street lighting shall also be installed by the applicant as per PGE plan schedule "B", 8. The Owner/Applicant shall be required to enter into an improvement agreement as outlined in the Woodburn Zoning Ordinance. Chapter m. Section 6 prior to acceptance of the final plat. Also prior to construction of the subdivision commencing the City will require approved construction plans, a performance bond in the amount of l000/c. of the constructions costs and that the construction permit fees be paid, 9, All work shall conform to the City of Woodburn Standards and all State Building Codes and regulations. 10. The Applicant shall provide engineering plans for all the improvements outlined in the Conditions of Approval. No construction activities shall be initiated until the City-approved engineering plans are received by the Applicant. After completion of the development, the Applicant shall provide "as builts" to the City. 11. No SDC credits shall be allowed for the improvements which are required by the City as Conditions of Approval. C. PUBLIC WORKS: STREET CONDmONS 1. Boones Feny Road shall be improved from the south boundary of this ....& ~....." 10 ...-= .,. ';.c. ~8IiItiIIg"l8ilmad crossing approximatdy ISO fcet-noAhd-d1is ~ ___ development. This shall be a fuU street improvement, not half street as indicated in the application. 11le improvement shall be in conformance with the Transportation System Plan (hereinafter "TSP"), wherein Boones Feny Road is designated as a minor arterial. 11le railroad crossing on Boones FenylSett1emier Avenue is currently being designed by the City and is to be scheduled for~vement. The improvement portion shall end approximately 100 feet south of!le existing aossiDg. 11le pavement tbiclcness constructed by the appli~rsbaJl meet the structural strength of an arterial street. ' 2. Boones Feny Road is an existing 6O-foot wide right-of-way. In accordance with Page 7 - Conditions of Approva1, Boones Crossing PUD I r ATTACtffw1ENT ~)3 Page ...t1- -:01 the TSP. an additional 7 feet of right-of-way and a to-foot wide utility easement shall be dedicated by the Applicant to the City adjacent to this development. lOA 3, The Applicant shall provide 50 feet wide right -of-ways and 28 feet wide improved streets with parking on both sides along the interior residential streets and 60 feet wide right-of-ways and 38 foot wide improved street with a 10-foot wide landscape boulevard in the center, with no on street parking for these interior residential collectors. In addition, the Applicant shall provide 10 foot wide utility easements adjacent to the right-of-way line on all interior streets. 4. The Applicant shall provide connector paths of grass crete material for emergency access at the end of several dead end streets, and not provide a cul-de- sac for turn around provisions. The Homeowner's Association shall be responsible for the maintenance of the area, including the grass crete provided for emergency access, The final design shall make provisions to restrict access for other vehicles except emergency vehicles, D. PUBLIC WORKS: BROWN STREET IMPROvEMENTS 1. Brown Street adjacent to this development; shall be improved in confonnance with the Transportation System Plan (TSP). This shall be full street improvement, not a half street improvement as indicated in the application. A standard 60 foot right- of-way shall be required. The Applicant shall dedicate to the City that amount of right-of-way necessary to meet the 60 foot standard. 2. Rismt-of-Wav Acouisition and Improvement. a. The Applicant has agreed to pay and shall pay to the City the full amount of the City's costs necessary for the City to condemn the disputed right-of-way Zc . we",. ~ ~= '"" ...~ ~ .. ~ = ~ ~BroWll Street from the no~Wen'8~rQ~ PUJl.W.- ..,. Comstock Way to the north provided that such payment from the Applicant to the City not exceed $20,000. "The City shall invoice the Applicant for all necessaIY costs related to the condemnation of this property and the Applicant shall pay the amount due to the City 30 days after the invoice is received. b. If the City takes legal possession of the condemned.pro~ within 2 years of the passage of the Ordilwlce granting development appro~ or by the completion of Phase I, whichever time is later, the Applicant shall be required -w improve Brown Str~ftom"the ~ I1QrtiQo.ol,the ptppose<l.E"WJo Comstock Way to the north within I year of the time that the Oty acquired Page 8 - Conditions of Approval. Boones Crossing PUD I Y ATTAC~ENT j) page..::l.;:- of I ~ possession or prior to the completion ofPhasc 1, whichever time is sooner. (Note: This is in addition to the fun width improvement ofBroWD Street required along the development itself) The connecting paved portion of road shall be at least 24' wide with curb and gutter on both sides, a sidewalk on one side, and stonn drains as required by engineering design standards If additional widening of the connecting road is required, cost distribution shall be allocated as outlined below: The City and the Applicant shall equally share the cost of widening the street from 24' to 29' The City or the adjoining property owners shall pay any additional cost needed to widen the street beyond 29' width lOA C. Brown Street Sidewalk; I, To provide safety to pedestrians, the Applicant shall install a sidewalk along that side of Brown Street to be decided by the City from the end of the new Steldov housing devdopment near Bradley Street to Cleveland Street. The actual costs of this sidewalk: improvement shall be borne equally by the Applicant and the City. This cost is estimated to be $40,000 to be paid by the Oty and $40,000 to be paid by the Applicant. All other sidewalks must be constructed according to prior conditions and city standards. 2. All of the Brown Street sidewalk construction shall be completed by the Applicant as a part of Phase 1 infrastructure improvements E. Brown Street Patching and Resurfacing t .. -"';:-r~-$' .-~ 3' 1. Becallsc of the deep sewec line construction, a standard asphalt patch shall be . - "ippliettt()~ tengdr~Bt~lf'StreeHluleh ftom"Oeve1and- Street to Comstock Way by the Applicant. - -..--" :l~ .23._ ~~:r-os- ,.----- 2. The Applicant sba1l resurface Brown Street from the Comstock Way intersection to the Bradley Street intersection after providing the required asphalt grinding. 3. As a part ofits city-wide resurfadog program, the City shall ~y for street resurfacmg from Bradley Street to Oeve1and Street. - o. } _ a. The south arterial sba11 be improved by the Applicant in -accordance with the --'Y-""''ia ~"""'__..wv~ t5trcot amprovcweat on 14.foet right- of-way sba11 be required along the south portion of the property from ~oones --- Page 9 - Conditions of Approval, Booncs Crossing PUD I l' ATTACHMENT D page..i..!L- of I 3 lOA Ferry Road to the east property line. Sidewalks sha11 be required on the north side of the arterial and shall not be required on the south side. Curbs shall be required on both sides. The Applicant sball increase the 36 foot wide pavement improvement to 48 feet wide when the commercial development occurs within the PUD. b, In summary, the Applicant shall provide the following street improvements: Improvements a. Street inside the subdivision - as per adopted transportation system plan (TSP) b, Street outside the subdivision - Ul Adjoining residential portion of subdivision development, conform to TSP for width u Adjoining multi-family and conuneccial portion of subdivision, conform to TSP for width lll. Not adjoining subdivision - i.e., extended to another connection point as a secoodaIy access, conform to council approved conditioos IV Not 8AJjoiniog SQbdivision - i.e., cxt.codcd to aoocbcr c:ooncction point as a primary aoocss, coofonn to council approved conditioos Applicant Responsibility Sidewalks on both sides wI standard full width pavement. up to 34' wide as shown on TSP one-side sidewalk wI standard full width pavement. up to 34' wide one-side sidewalk wI standard full width pavement. as indicated on adopted TSP one-side sidewalk wI two traffic lanes, i.e., up to 24' wide pavement* (such as existing gravel portion of Brown Rd coonection or as required by council appl"O\o'OO conditions) width between 24' & 29' sbaI1 be shared by the city. Applicant sbaIl not be responsible beyond the 29' width OGC-iiIide ~ Vfl up to 34' wide paventC3llt. .. ~ -- ;;..--. ~~~~-.:;;-: ~ added cost of pavement thickness due to structural streng1h need shall be paid by the Applicant for the widths outlincd. E. PUBLIC WORKS: DRAINAGE -I I. The storm sewer system aDd on-sitc dctentioG sbaI1 comply with the City', Stonn WafI:Ir ....~-"--, ...____s.. ~ ~- ;.. '~~~rWlll ii'MfPublicW~aterPraeticCtkA<Ui,dm~ysissW";' ...... provided to the City by the Applicant for .mew aDd approval. Page 10 - Conditions of Approval, Boones Crossing PUD ATTACHMENT :D Pa.ge -L4- of I 3 1--0 A 2, On~ite deteotioo. facilities shall be maintained by the Homcowncn Association. Phase I proposes to discbalBe through the existing facilities constructed with the Steklov Addition, which is acceptable. Phase 2 proposes to locate a facility in the southern portion of the development, discbarging to Mill Creek through open drainage way. This shall require proper easements for locating the system on private property and future access for mainteoance needs be provided. After review of the hydraulic analysis, the use and features of surrounding area it may be that an open drainage way would not be allowed. but rather a underground pipe system would be required. All necessary easements with third parties shall be provided by the Applicant to the City prior to Phase 2 plat approval 3. The development shall be subject to wetland regulations. The Division of State Lands shall be contacted and proper permits obtained, if required, D. SANITARY SEWER; 1 , The Applicant shall, at its cost, serve the entire development, all phases, by i.nstalling a deep sanitary sewer main from the Mill Creek intecceptor located at the intersection of Brown and Cleveland to the south and east ends of the development. TIle entire width of Brown Street. that bas been recently paved, sba1l be resud3ced by the Applicant after patchillg the sewer trench. Phased sewer line ooostructioo sball be allowed, however, the termini of sewer line locatioos and depths ~ be such that it is suited for future extensions to adjoining areas including the south end of the development. The preferred location for the sanitaIy sewer extension sba1l be within the southerly extension of Brown Street. HDweYer. if the right-of-way or easements can not be obtained, the system may be coostructcd 1hrough the rear lots of the Stddov Additioo as proposed by the Applicant. This sbaI1 be acx:cptable ooIy if the Applicant provides the neoessary easements the city. including access to each manhole for future ptain(l'.mIllOe. If the deep sanitary sewer is not iosta1lcd in the prcfemxl Brown Street location then the sanitary sewer sball be extended to Brown Stn:let 1hrough either Vme Street or Parle VIeW Blvd. It sball dICIl be extcadcd to the North and South lioc of the development at a ~ sufficient cIcpdt1.e provide4Or the futu1re =~. ~ - - ""."...." " - --- , y'..,;> ,.... .' - .... ..,..,~ ,"-'- E. WATER: 1. The 12" dia. water main sball be extcncIcd aloog Booaes Fcny Road and the South Arterial to 1bc cast bouDdaIy oftbis dc\'dopmcat as proposed _by ~'r1icant The interior water maiDs sball be intemaIly 100pcd and sba1l be ,!ized in accordance with flow and fire protcctioll rcquirc:mcnts. . The minimum looping requirements outside oftbc interior mains sba1l be as per the following. Page 11 - Conditions of Approval, Boones Crossing PUD ~ ATTACHMENT .J.) Page...J.2:.. of J 3 a, The interior system shall cooncct 10 chc proposed 12" dia. main at each proposed street intersection, including chc streets providing only cmccgency access. IUA b, The interior system shall be looped 10 provide proper fire flow and water quality. Prior to the development of Phase 2 , this system shall be connected to either the existing city main located in Parr Road (Steldov Subdivision) or the existing main located on Brown Street, near Comstock Way. The water line shall also be installed within Brown Street adjacent to this development, and shall be extended to the north and south property line. The main shall be sized according to flow requirements, however the minimum size shall be 8" in dia c. The interior system shall be connected to proposed system at the end of Bridlewood Subdivision at the end of Azalea Street. The minimwn size shall be 8" in dia. d The proposed water main serving the cul-<ie-sac on Pana Street shall be looped to the proposed main in Azalea Street. 2, Fire protection requirements, access, fire hydrant requirements and fire protection issues shall according the Woodburn Fire Districts conditions of approval 3, Actual fire hydrant locations and in line valving locations shall not be determined until the construction plan review phase. 4. See wastewater/water comments in regard 10 cross connection requirements. F. FIRE 1. The Applicant shall provide and maintain driveable access to within ISO feet on all sides of the exterior of aU structures. ' 2. A minimuIU fire flowlwatt:c supply of 1000 8PD1 shall be provided and lJI'IintsinM for single family residenti"l. with a minimum of 1500 gpm foe coaunerciaI and Illu1ti&mily structures. Note: commercial structures could require a highec flow dcpeading on type of construction, size, use and whether they are sprinlded. 3. Hydrants sbaIl be ~ at an average maximum distaDCe of soo feet 8(frt. No structure shall be more than 2SO feet from a hydrant. Specific Iocatioas sbaIl be appn)cd by the City water departmcot and the Fire District. . .........-~ ,,-- -- ~- ....:. ..l.~ :c 6.~~-.;c--,-~AlklprillWlII'.~.II"h___ ~ mIll be subject to app~ o(tJ!e ~>>qiJ~nl7 Dcpart:ment and Woodburn Fire District. --~r---. Page 12 - Conditions of Approval. Boones Crossing PUD u ATTACHMENT '"}) Page -1.i!; of 1.3 a, The interior system shall connect to the proposed 12" dia. main at each proposed street intersection, including the streets providing only emergency access. lOA b. The interior system shall be looped to provide proper fire flow and water quality. Prior to the development of Phase 2 . this system shall be connected to either the existing city main located in Parr Road (Steldov Subdivision) or the existing main located on Brown Street, near ComstocIc Way. The water line shall also be installed within Brown Street adjacent to this development, and shall be extended to the north and south property line. The main shall be sized according to flow requirements, however the minimum size shall be 8" in dia, C. The interior system shall be connected to proposed system at the end of Bridlewood Subdivision at the end of Azalea Street. The minimum size shall be 8" in dia, d. The proposed water main serving the cul<<-sac on Pana Street shall be looped to the proposed main in Azalea Street, 2. Fire protection requirements, access, fire hydrant requirements and fire protection issues sball according the Woodburn Fire Districts conditions of approval. 3. Actual fire hydrant locations and in line valving locations sball not be determined until the construction plan review phase. 4. See wastewater/water comments in regard to cross connection requirements. F. FIRE I. The Applicant shall provide and maintain driveable access to within ISO feet on all sides of the exterior of all structures. ' 2. A miniIiuun fire flowlwata supply of 1000 gpm shall be provided and maintained for single family ~~1. with a minimum of 1500 gpm for com~ aud multifamily structures. Note: COIlUl1CI'CiaI stru<:tun:s could require a higher flow dc:peodiDg on type of coostruction, size, use and wbetbcr they are sprinkled. 3. Hydrants sball be spaced at an avenge maximum distance of 500 feet Ilpft. No structure shall be meR than 150 feet from a hydrant. Specific locations shall be approJ.cd by the City water ciepar1mmt aod the Fire District. . . 4" ....~.... _~r"~"",,"~;4P..;JJI ilpri&lder':-"-1L.1:IR 1I1l-!.-~irements s~ject.to ~~j::ityJ311iJ.tiqg -_ Dcpartmcot and Woodburn Fire District. Page 12 - Conditions of Approval, Boones Crossing PUD I l' ATTACHMENT -?::> Page .J.3... 91 13 lOA 5, As to premise identification, all marlcings and locations shall meet City standards. The following street names are in conflict and shall not be used: Elm, Pine, Maple, Ash, Oak. Park View, Azalea. Pana as proposed does not connect _ 11te Applicant shall submit a new street name for one of the two unconnected streets, 6 An onsite water supply system shall be available, operational and acceptable to the City prior to the construction of any combustible buildings. Access during construction shall support the weight of fire apparatus and allow access to structures, G RECORDA nON Per City Council direction, the Woodburn Planning Department shall record the Conditions of Approval in the deed records of Marion County. TIIE APPLICANT REPRESENTS TI-IA T IT HAS READ AND AGREES TO ABIDE BY TIIE FOREGOING CONDmONS OF APPROVAL Polygon Northwest Company } Page 13 - Conditions of Approval, Boones Crossing PUD llA MEMO Subject: Mayor and City Council Through t~V City Administrator Ben Gillespie, Finance Di~ Final Assessment for Alley ~ID To: From: Date: November 8, 2000 Recommendation: Approve the attached ordinance adopting the final assessment for the Alley LID. Backeround: The City Council, at its October 23 meeting, conducted a public hearing concerning the final assessment for the Alley LID. At the conclusion of that hearing, the Council directed staff to prepare an ordinance establishing the final assessment. That ordinance is attached. Financial Implications: City funds were used to construct the project. Those funds will be repaid from the assessments. The interest rate on the assessments is equal to what bonds could have been issued for, plus one half of one percent to cover administrative costs. At the end of the ten year period, the City's finances will be unaffected by the project. ,. llA COUNCIL BILL NO. 2271 ORDINANCE NO. AN ORDINANCE LEVYING THE ASSESSMENT OF COSTS FOR THE IMPROVEMENT OF THE ALLEY BETWEEN HARRISON STREET AND WEST HAYES STREET AND DECLARING AN EMERGENCY. WHEREAS, representatives of certain businesses in the downtown area petitioned for the improvement of the alley between Harrison Street and West Hayes Street; and WHEREAS, the adoption of a method of assessment was declared in Resolution No. 1400, and WHEREAS, a public hearing was held on March 10, 1997 to receive input from affected property owners and in receiving insufficient number of remonstrances to prevent the improvement, Ordinance No. 2194 was passed creating the assessment district; and WHEREAS, the assessment to each benefitted property has been based on its special and peculiar benefit from the said improvement utilizing a defined formula for each parcel of land as outlined in Ordinance No. 2194; and WHEREAS, notice of each proposed assessment was mailed to the owner of each lot proposed to be assessed at the address shown on the Marion County Tax Assessor's rolls; and WHEREAS, the notice stated the amount of the proposed assessment and set October 23,2000, 7:00 p.m., as the date and time set for a public hearing at which the Council considered testimony regarding assessment amounts and the modification of certain proposed assessments in accordance with this testimony; and WHEREAS, the public hearing was held on October 23, 2000, NOW, THEREFORE THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. BOUNDARY OF THE LOCAL IMPROVEMENT DISTRICT The property subject to the assessment of this district will be those properties fronting the alley from the centerline of West Hayes Street tot he centerline of Harrison Street. The below-listed included properties are located in Section 07, Township 5 South, Range I West0f.the-Ml.illameUe.M~..:.I=-- ,Ma.~unty, Oregon: ' c.!=~:,.."..,-~ ~- ~'-,>=-.:"~ TAX LOT NO. 92010-000 OWNER Sauvain, Charles TAX LOT NO. OWNER 92010-030 Coman, Edward E. Page 1 -COUNCIL BILL NO. ORDINANCE NO. 92010-010 920 I 0-020 Flomer, Thomas J. 92010-040 Eagle Newspaper Inc. 92010-050 Sauvian, Charles Sauvian, Charles IIA The below-listed included properties are located in Section 18, Township 5 South, Range 1 West of the Willamette Meridian, Marion County, Oregon. TAX LOT NO. 92010-060 92010-070 92010-080 92010-090 92010-100 92010-110 92010-120 92010-150 92010-152 OWNER Woodburn Lodge #1002 IOOF Engelman, William K & Alice M. Garcia, Fransisca & Ireneo Eaden, Vemon & Carol Hanson, Edward J. & Helen Quintero, Luis & Luisa Quintero, Luis & Luisa Sanchez, Maximino & Robelia Hague, Keno A. TAX LOT NO. 92010-160 92880-000 92880-010 92880-020 92880-030 92880-040 92880-050 92880-080 92880-100 OWNER Sanchez, Maximino & Robelia Lindenmuth, David & Jennifer City of Woodburn City of Woodburn Budunov, Dennis & Vassa Woodburn Elks Lodge 2637 Sawtelle, Craig Pena, Guadalupe Verbin, Konstantin & Maria Section 2. INDIVIDUAL PROPERTY ASSESSMENTS: Assessments are hereby levied against the following properties in the amounts listed, those amounts being representative of the special and peculiar benefit which will be derived from the improvement to each specific property: TAX LOT NO. 92010-000 92010-010 92010-020 92010-030 92010-040 92010-050 92010-060 92010-070 92010-080 92010-090 92010-100 92010-110 92010-120 92010-150 92010-152 9201O-t6(r 92880-000 92880-010 PROPERTY OWNER Sauvain, Charles Flomer, Thomas Eagle Newspaper, Inc. Coman, Edward Sauvain, Charles Sauvain, Charles Woodburn Lodge IOOF Engelman, William Garcia, Fransisca Eaden, Vernon Hanson, Edward Quintero, Luis Quintero, Luis Sanchez, Maximino Hague, Kenn - Sanchez, Maxiriiino Lindenmuth, David City of Woodburn Page 2 -COUNCIL BILL NO. ORDINANCE NO. PROPERTY ASSESSMENT $ 4,550.00 $ 4,550.00 $ 2,275.00 $ 2,275.00 $ 2,275.00 $ 2,275.00 $ 1,137.50 $ 1,478.50 $ 1,023.75 $ 910.00 $ 2,275.00 $ 1,137.50 $ 1,137.50 $ 2,275.00 $ 4,550.00 $ 2,275.00 $ 2,957.50 $ 1,001.00 I " 92880-020 92880-030 92880-040 92880-050 92880-080 92880-100 City of Woodburn Budunov, Dennis Woodburn Elks Lodge 2637 Sawtelle, Craig Pena, Guadalupe Verb in, Konstantin $ 955.50 $ 1,911.00 $ 2,275.00 $ 3,412.50 $ 1,137.50 $ 4,550.00 ilA TOTAL $54,599.75 Section 3. INTEREST RATE Pursuant to Section 11 of Ordinance 2194, the interest rate is hereby established at 6.18% and the accrual shall start from the effective date of this ordinance unless payment is made within 30 days of the effective date. Section 4. METHODS OF PAYMENT. DURATION. AND AMOUNTS. In accordance with ORS Chapter 223 (Local Improvements), benefitted property owners have the option of paying their final assessments in the following manner: 1) Full payment of the final assessment within 30 days of the effective date of this ordinance without incurring interest charges; 2) Installment payment plan over a ten (10) year period whereby semi-annual payments will be made equal to 1/20 of the cost of their share of the assessment plus interest; or 3) Installment payment plan whereby the semi-annual payment of the cost of their share of the assessment, plus interest, will be amortized over a ten (10) year period. The semi-annual payment amount will be an equal amount during the duration ofthepayment-period; . i .~ ~... , ,- , :-~ ; . - -; In the event an installment payment plan is elected by the benefitted property owner and the outstanding lien is to be paid off before the end of the 10 year period, interest will be calculated to the date of the lien payoff. Section 5. NOTICE The City Recorder is hereby ordered to publish and send notices of the assessments levied by this ordinance pursllanUo Ordinance No, 2105, - ---- .'l...__ _ _,,,- _~ ...--.,r- '-.. ~ Section 6. EMERGENCY CLAUSE. This ordinance being necessary for the immediate preservation of the public peace, health, and safety, an emergency is declared to exist Page 3 -COUNCIL BILL NO. ORDINANCE NO. llA and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Approved as to form~)~ I~) ll- <6 - ZOO 0 City Attorney Date Approved: Richard Jennings, 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 W oodbum, Oregon Page 4 -COUNCIL BILL NO. ORDINANCE NO. I r lIB COUNCIL BILL NO. 2272 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 1900 TO PROVIDE AN APPLICATION PROCESS FOR THE CEREMONIAL DISCHARGE OF FIREARMS AND DECLARING AN EMERGENCY. WHEREAS, Ordinance No. 1900 regulates the discharge of weapons within the corporate boundaries of the City; and WHEREAS, the present ordinance requires City Council approval of ceremonial discharges of firearms when blank ammunition is used; and WHEREAS, the City Council wants to delegate this function to the Chief of Police; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That Section 5 of Ordinance No. 1900 is hereby amended to read as follows: Section 5. Discharee of Weapons. (1) Except at firing ranges approved by the Chief of Police, no person other than a peace officer shall fire or discharge a gun, including spring or air-activated pellet guns, air guns or BB guns, firearm or other weapon which propels a projectile by use of gun powder or other explosive, jet or rocket propulsion. (2) "Firearm" means a weapon, by whatever name known, which is designed to expel a projectile by the action of powder and which is readily capable of use as a weapon. "- -- . - , . (3} N~g-rsOOs€t1itjJl ro[ this 'gection~ "the Chief of Polite Ilia)'" approve or - :- deny applications for the ceremonial discharge of a firearm or firearms when blank ammunition is used. Applications for the ceremonial discharge of firearms shall be made to the Chief of Police according to an administrative procedure established by the Police Department. The denial of an application may be appealed to the City Council. Section 2. Eme~ency Clause. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist and this ordinance shall take effect immediately^u~o~age by the Council and approval by the Mayor. Approved as to formm;Y1- (fK--J / ,- ~ - 00 City Attorney Date Page 1 - COUNCIL BILL NO. ORDINANCE NO. lIe Memo To: From: Date: Subject: City Council through the Ci~dministrat~(? Ben Gillespie, Finance Direc November 8,2000 , Authorization to Use the Purchasing Services of the State RECOMMENDATION: It is recommended that the City Council approve the attached resolution authorizing the Mayor to sign an agreement allowing the City to use the purchasing services of the State. BACKGROUND: The State allows Oregon cities and political subdivisions to buy items from vendors that have been selected trough the State's bidding processes. In this way other jurisdictions in the state can take advantage of the favorable prices the State achieves through its large volume of business. In past years the City has purchased computer equipment, office furniture, vehicles, and heavy equipment through this program. The City has participated in this program for many years. , ~!NANCIAL IMl.LICATIONS.:. There is ana.ooual;Admjp,ist@tiQllEec- 0[$2,QQQ. cln past. ~ -- -.- - - years the savings in purchase prices through the State compared to open market purchases more than covers this cost. It is anticipated that the City will continue to use this program at the same levels as in recent years. n IIC COUNCIL BILL NO. 2273 RESOLUTION NO. A RESOLUTION AUTHORIZING RENEWAL PARTICIPATION IN THE OREGON COOPERATIVE PURCHASING PROGRAM. WHEREAS, the State of Oregon provides for the release of surplus property to local governments for public purposes; and WHEREAS, the City of Wood bum can utilize said surplus property as a cost-effective supplement to operational services; and WHEREAS, the City of Wood bum has been a previous participant in the program; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The City Administrator is authorized to sign the Oregon Cooperative Purchasing Program Membership Agreement, a copy of said agreement is attached hereto, and by this reference incorporated herein. .~(}-/l.- ^.J ~ j' '_ 1)' - 2 00 ~ Approvedastoform~ CI /.- r-q [/~ r City Attorney Date Approved: Richard Jennings, Mayor Passed by the Council Submitted to the Mayor _ _ __. __ Approved by the Mayor Filed in the Office of the Recorder A ITEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page 1- COUNCIL BILL NO. RESOLUTION NO. IIC STATE OF OREGON OREGON COOPERATIVE PURCHASING PROGRAM (ORCPP) MEMBERSHIP AGREEMENT (Effective July 1,2000 through June 30, 2001) Oregon Department of Administrative Services Transportation, Purchasing and Print Services Division 1225 Ferry Street SE Salem OR 97310 (503) 378-4649 FAX: (503) 373-1626 http://tpps.das.state.or.us 1'" llC , ~. ......~~.. IIC OREGON COOPERA DVE PURCHASING PROGRAM (ORCPP) 1.0 DEFINITIONS: 1.1 Agency Specific Contract: Contract on behalf of a particular State Agency. 1.2 Agreement: Oregon Cooperative Purchasing Program subscription agreement. 1.3 Authorized Purchasers: For purposes of this Agreement, Authorized Purchaser means a Qualified Agency or Qualified Agencies, with appropriate independent purchasing authority (in accordance with applicable statutes, rules or regulations), who are permitted to purchase under certain qualified State Agreements, Agency Specific Contracts, or Single Purchase Contracts. 1.4 Bid: A competitive offer, binding on the Bidder and submitted in response to an ITB. 1.5 Bidder: An Entity that submits a Bid in response to an ITB. 1.6 Contract: An agreement that describes the goods or services to be provided and establishes the rights and obligations of the parties thereto. 1.7 Contractor: The Entity awarded a Contract in response to a Solicitation Document. 1.8 Electronic Advertisement: Placing ITB, RFP, quote, and RFI, Solicitation Documents or notices on the VIP system. 1.9 Entity: A natural person capable of being legally bound, sole proprietorship, limited liability company, corporatio~ partnership, limited liability partnership, limited partnership, profit and nonprofit unincorporated associatio~ business trust, two or more persons having a joint common economic interest, or any other person with legal capacity to contract, or a government or governmental subdivision. 1.10 Invitation to Bid (ITB): Solicitation Docwnent asking for submission of competitive, written, signed and sealed Bids in which specificatio~ price and delivery (or project completion) are the predominant award criteria. OAR 125-030-0000(27). 1.11 Interstate Agreement: Has the meaning given it under Section 5.0 1.12 Notice of Order: See Purchase Order. 1.13 Oregon Cooperative Purchasing Program (ORCPP): The State of Oregon Cooperative ~urchasing ~rogram whose members include but are not limited to: cities, counties, school districts, special districts, Qualified Rehabilitation Facilities, residential programs under contract with the Oregon Department of Human Services. United States governmental agencies, and American Indian tribes or agencies. ORCPP Agreement, Revised 6/00 - 1 - f lIe 1.14 Price Agreement: A Solicitation Document together with the successful Bidder's response. It is an agreement between the Contractor and the State under which the Contractor agrees to provide goods or services and agrees to certain prices, terms and conditions for those goods and services, for a specified period of time and for the benefit of Authorized Purchasers. Contracts entered into pursuant to a Price Agreement are formed upon submission by Qualified Agency of a signed Purchase Order. . 1.15 Proposal: A competitive offer, binding on the Proposer and submitted in response to an RFP. 1.16 Proposer: An Entity that submits a Proposal in response to an RFP. 1.17 Purchase Order: Qualified agency's purchase document used; (1) to form the Contract under a Price Agreement; or (2) to place an order for products or services under a Contract. 1.18 Purchase Request: Document requesting the purchase of product or service; includes specification and requirement for product or service and contains the signature of an authorized representative from requesting Qualified Agency. 1.19 Qualified Agency: Organization that has met at least one of the minimum ORCPP qualifications as established herein and maintains an active ORCPP Membership with State. 1.20 Qualified Nonprofit Agency for Disabled Individuals: A nonprofit activity center or rehabilitation facility: (1) organized under the laws of the United States or of this state and operated in the interest of disabled individuals, and the net income of which does not inure in whole or in part to the benefit of any shareholder or individual; (2) which complies with any applicable occupational health and safety standard required by laws of the United States or this state; and (3) which in the manufacture of products and in the provision of services, whether or not the products or services are procured under ORS 219.015 and 279.835 to 219.855, during the fiscal year employs disabled individuals for not less than 15 percent of the man-hours of direct labor required for the manufacture or provision of the products or services. 1.21 Quote: The" soliciting of offers from competing bidders.. The solicitation may be accomplished . by initiating a request to vendors to make an offer. The solicitation and the offer may be in writing or oral. OAR 125-030-0000(7). 1.22 Requirements Contract: A Contract that provides for filling the actual purchase requirements of a designated State of Oregon agency or agencies for specific supplies or services with deliveries to be scheduled by placing purchase orders with the Contractor. OAR 125-030-0000(50) 1.23 Request for Information (RFI): A document used to solicit inf()~tion~ Q!l il}gustry st!mdards, =.'- ---c:-- -- practices, and delivery methods. The document does not request pricingaI1.d makes it clear that the RFI is only seeking comments and infonnation. (As defined by the National Institute of Governmental Purchasing (NIGP) "Public Purchasing and Materials Management" manual.) 1.24 Request for Proposal (RFP): The solicitation of written, competitive proposals, or offers, to be { '\ used as a basis for making an acquisition, or entering into a Contract when specification and price .'V will not necessarily be the predominant award criteria. OAR 125-030-0000(49). ORCPP Agreement, Revised 6/00 -2- I ,. llC 1.25 Resale: Selling products purchased from State Agreements to another party. 1.26 Restricted Contract: Contract having participation restriction(s), requiring special stipulations to be met prior to use. 1.27 Single Purchase Contract: A Contract for a single purchase of item(s) or services, requiring the Contractor to hold pricing firm for a predetermined period of time. 1.28 Solicitation Document: An ITB, RFP, RFO or other quote document, which includes all documents, (attached or incorporated by reference) utilized for soliciting Bids, Proposals or offers. OAR 137-030-0000(35) 1.29 Solicitation Services: Services related to the preparation of Solicitation Documents on behalf of Qualified Agencies. 1.30 State: The State of Oregon acting by and through its Department of Administrative Services (DAS), Transportation, Purchasing and Print Services Division, Purchasing Section. 1.31 State Agreement: Contract or Price Agreement developed by State for possible use by State Agencies and Qualified Agencies. 1.32 Unit of Local Government: A county, city, district or other public corporation, commission, authority or entity org~zed and existing under statute or city or county charter. ORS 190.003 1.33 Vehicle: Means any self-propelled vehicle and any such vehicle in combination with any.trailing units, used or physically capable of being used on any public highway in this state in the transportation of persons or property, except vehicles operating wholly on fixed rails or tracks and electric trolley buses. ORS 825.007(8). 1.34 Vendor Information Program (VIP): State of Oregon's electronic information program used to _ _. ~ess and publicize, gove.rgment bidding opportunities, state contractinfunnation, vendor.detail and directories for Oregon, Minority, Women and Emerging Small Business and participating ORCPP agencies. ORCPP Agreement, Revised 6100 -3- llC OREGON COOPERATIVE PURCHASING PROGRAM 2.0 PROGRAM QUALIFICATIONS Thank you for expressing an interest in participating in the Oregon Cooperative Purchasing Program (ORCPP). There are four (4) ways in which an organization can qualify to participate in ORCPP. Your organization must meet one of the following qualifications. Mark the qualification, either A, B, C or D, that best describes your organization. Submit, with a signed ORCPP agreement, any requested documentation supporting your organization qualification. My organization IS a: 2.1 _Division or Unit of Local Government having separate autonomy such as Oregon counties, cities, municipalities or other public corporations, commissions, authorities or entities organized and existing under statute or city or county charter and having local governing authority OR a United States governmental agency OR an American Indian tribe or agency. 2.2 _Qualified Non-profit Agency for Disabled Individuals participating in the program set forth in ORS 279.350 to 279.855. Note: Qualified non-profit must be approved as a Qualified Rehabilitation Facility (QRF) with the Department of Administrative Services Purchasing Unit's Special Programs Coordinator. Contact the Special Programs Coordinator for information regarding approval status at (503) 378-6781. 2.3 _Residential program under contract with the Department of Human Services (DHS) or a division thereof to provide services to youth in the custody of the state. Note: Submit with the ORCPP agreement a letter from Department of Human Services (DHS) or division thereof verifying your contract with DHS. The letter must be on DHS or DHS division letterhead and contain the following information: - --.::..~---;....:;.; __----=o.~;;:_;..: _~-__._.:_~__:_.:: ~---' . ~""N"- .... _~ -~_----,-,--=:::"""- _ ~. ... -r-~ ~..~::.._.- 1. _ Scope of contract, what service is being provided. 2. Contract number 3. _ Starting and expiration dates of contract 4. _ State Contract Administrators, name, original signature, mailing address & telephone number "\ ) ORCPP Agreement, Revised 6/00 -4- ~ 2.4 lIe _ Public benefit corporation "as defined in ORS 65.001 that provides public services either under contract with a state agency, as defmed in ORS 171.133, or under contract with a unit oflocal government, as defined in ORS 190.003, that funds the contract, in whole or in part with state funds. " Note: This qualification has four parts. You must meet all four of the requirements listed to qualify under this section. Part 1: Active status Domestic, Nonprofit Corporation that is: (Submit documentation that supports one of the following requirements) a. Formed as a public benefit corporation pursuant to ORS 65.044 to 65.067; b. Designed as a public benefit corporation designated by statute; c. Recognized as tax exempt under section 501 (c )(3) of the Internal Revenue Code of 1986 or d. Otherwise organized for public or charitable purpose in accordance with it's articles of incorporation and bylaws; Part 2: Organization is restricted so that on dissolution it must distribute its assets to: (Submit documentation that supports one of the following.) Note: The organizations' articles of incorporation should contain this information. a. An organization organized for a public or charitable purpose; b. A religious corporation; c. The United States of America; d. A state of the United States of America, or e. A person who is recognized as exempt under section 501 (c) (3) of the Internal Revenue Code of 1986; l- Part 3. IS NOT a "religious corporation" as defined in ORS 65.001(33). Note: The organizations' articles of incorporation should contain this information. Part 4. Organization under contract with a state agency, "as defined in ORS 111.133, or under contract with a unit of local government, as defined in ORS 190.003, that funds the contract, in whole or in part with state funds." Note: Provide a letter from the State or Local government agency confirming your contract with '"=, =- -4"-." '" thp.1ll .D1eJe.ttcrlllust.ll~ ^... tl:Je 4Iltw,."u: IClnJ 8s?-ey'a 1",rIMad~.the..ful1owing-.-- information: a. _ Scope of contract (what service is being provided) Contract number _ Starting and expiration dates of contract _ Confirmation that the contract is funded by State funds in part or in whole _ Signature, name, mailing address & telephone number of the state or local government contract administrator ORCPP Agreement, Revised 6/00 -5- ~, lIe OREGON COOPERATIVE PURCHASING PROGRAM (ORCPP) 3.0 STANDARD ORCPP AGREEMENT SERVICES Pursuant to ORS 190.110, 190.210, 190.240, relating to intergovernmental and interstate agreements, the Department of Administrative Services, Purchasing Section ("State") hereby agrees to provide cooperative governmental purchasing services to an organization that has met at least one (1) of the ORCPP PROGRAM QUALIFICATIONS under Section 2 herein ("Qualified Agency"). 3.1. Cooperative Governmental Purchasing Services: The State hereby agrees to permit Qualified Agency to purchase from certain State Agreements and certain other qualified Agency Specific and Single Purchase Contracts. Qualified Agency: a) Agrees not to use State Agreements(s) to leverage or secure better or equal pricing from competing vendor(s) or Contractors. b) Agrees that it is only permitted to purchase from certain qualified State Agreements and that it will only make such purchases using a Purchase Order, issued by the Qualified Agency to the Contractor, which contains the following statement: "THIS PURCHASE IS PLACED AGAINST STATE OF OREGON CONTRACT #. /PRICE AG~El\fENT #: '-~.. -. .,~. - - ,~- TERMS AND CONDmONS (T's & CIS) OF SAID CONTRACT/PRICE AGREEMENT APPLY TO THIS PURCHASE AND TAKE PRECEDENCE OVER ALL OTHER CONFLICTING T's & CiS WRfITEN OR IMPLIED". d) Reserves the right to contract independently for the purchase of any class of goods or services, without notice being given to State. :~--~~-~:.-.=:...: __~t- Agrr&$ t<YJC:P-J>J1lythna~ AV-~' O~P~ualified-~ -;- -~--:---- Agencies as additional Authorized Purchasers. f) Agrees to comply with any and all special terms, conditions or stipulations that might apply when purchasing from certain State Agreements. (e.g., certain State Contracts for vehicles). ~ \J ORCPP Agreement, Revised 6/00 -6- l' g) Agrees that all purchases from State Agreements will be made only for the direct use of the Qualified Agency and not be made on behalf of any third party or for resale. lIe h) Understands and agrees that State Agreements are subject to expiration, termination, or both, and that State can not guarantee the availability of particular State Agreements. 3.2(a) Agency Specific Contracts A Qualified Agency may request State to attach Qualified Agency to certain Agency Specific Contract(s). The State shall work with the Contractor to determine if such an attachment may be made and shall notify Qualified Agency accordingly. If the attachment can not be made, Qualified Agency shall not be an Authorized Purchaser and shall not be permitted to purchase under the particular Agency Specific Contract. If the attachment can be made, Qualified Agency agrees to purchase from the Agency Specific Contract in accordance with the following: Qualified Agency: a) May purchase from Agency Specific Contract(s) with a purchase document issued by the Qualified Agency to the awarded Contractor. The following statement shall be on each purchase document issued for products or services from Agency Specific Contracts. "TIDS PURCHASE IS PLACED AGAINST STATE OF OREGON CONTRACT # . THE TERMS AND CONDITIONS (T's & C's) OF SAID CONTRACT APPLY TO TIDS PURCHASE AND TAKE PRECEDENCE OVER ALL OTHER CONFLICTING T's & C's WRITTEN OR IMPLIED". _. ~._~ --- 1;;--. ,_ oi. -0- _.. b) Agrees that all purchases from Agency Specific Contracts will be made only for _-tbe di.reeh~Q(t.aeii.~..aJJ.LwiW. no~be made on behalf any tbird party-OF ~~.... -<--=~ i;. for resale. c) Understands and agrees that Agency Specific Contracts are subject to expiration, termination, or both, and that State can not guarantee the availability of a particular Agency Specific Contract. 3.2(b) Single Purchase Contracts .""",...,0=.. ~~ "'_ ... A~lalified~A~ma) l'OEfUest~~~fied Agency to-si.ngle-:P--urehaBe--:-~.:;..~~:" Contract(s). The State shall work with Contractor to determine if the attachment may be made and shall notify Qualified Agency. If the attachment can not be made, Qualified Agency shall not be an Authorized Purchaser and shall not be allowed to purchase under the specific Single Purchase Contract. If the attachment can be made, Qualified Agency agrees to purchase from the Single Purchase Contract in accordance with the following: Qualified Agency: ORCPP Agreement, Revised 6100 -7- IIC a) Shall submit a Purchase Request to State prior to the end of the Contractor's requirement to hold pricing firm (as established under the Contract) and within a reasonable time (e.g. 48 hours) for State to process a Purchase Order. b) Agrees to purchase under only those Single Purchase Contracts that identify Qualified Agency as an additional Authorized Purchaser. c) Shall provide State a list of agents authorized to submit a Purchase Request on behalf of Qualified Agency. Such list shall include the authorized agent's name and a copy of their signature. (See item 13.0 of this agreement) d) Purchase Request shall be for the product or service as specified in the Single Purchase Contract and shall contain the following information to ensure timely processing: · Qualified Agency name · Agency number (use number assigned to member by ORCPP) · Ship to address · Bill to address · Contract number (State bid number) · Date wanted . Number of invoices . Accounting information (optional) · Description ofproduct(s) . Quantity and Unit . Unit price . Total price . Ordered by name and signature . Ordered by telephone number . Approved by name and signature . Approved by telephone number e) Understands and agrees that Single Purchase Contracts are subject to expiration, termination, or both, and that State can not guarantee the availability of a particular Single Purchase Contract. 3.3 Vehicle Purchases: In addition to the applicable procedures stated in 3.1, 3.2(a) and 3.2(b) of this Agreement, when ordering vehicles, Qualified Agency: a) Shall reference the Vehicle (base unit) item number from the State Agreement on the Notice of Order. b) Agrees to send a copy of the Notice of Order to State at: Fleet Buyer Department of Administrative Services TPPS, Purchasing Section 1225 Ferry Street SE Salem, OR 97310 - ._-----=~.~. ~.:~ .~~:.:-- c) Agrees that it may be liable for additional Vehicle Purchase Fees and costs as outlined below. d) Understands and agrees that State Agreements for Vehicles are subject to expiration, termination or both, and that State can not guarantee the availability of particular State Agreements for Vehicles. ORCPP Agreement, Revised 6100 -8- ,) , . '......./ lIe 3.4 Electronic Bid and Quote Solicitations: The State's VIP system electronically displays ITB(s), RFP(s) and quote solicitation documents. This system provides vendors global access to solicitation documents. Documents may be viewed/received electronically by vendors. Qualified Agency: a) Is permitted to use the VIP system to transfer (upload) their own ITB, RFP and quote solicitation documents and advertisement notices. b) Shall take full and complete responsibility for the content and substance, as well as the grammatical and textual quality, of all Qualified Agency solicitation documents uploaded and displayed on the VIP system. 3.5 Standard ORCPP Service Fees: Qualified Agency: a) Agrees to pay to the State a non-refundable annual agr~ement fee upon subscription to ORCPP services. The ~eement fee covers the cost of services identified in Section 3.0 only. Additional fees shall apply for "ADDITIONAL ORCPP SERVICES" as dermed in Section 4.0 below. b) Agrees to pay any additional fee which may be incurred as part of this Agreement. 3.5(a) Agreement Fee Structure: a) The fee structure is based on the Qualified Agency's total organizational budget. IMPORTANT: On the annual fee schedule below initial the budget range that represents your organization's annual budget. Initial Organizational Budget Organizational Budget Subscription Fee In Box ~ MORE than LESS than - $0.00 $ 3,000,000 $ 200.00 $ 3,000 $ 1,500,000 $ 500.00 $ 1,500,00 1 $ 21,000,000 $ 900.00 $ 21,000,001 $ 30,000,000 $ 1,000.00 $ 30,000,001 $ 68,000,000 $ 2,000.00 $ 68,000,001 $ 90,000,000 $ 3,000.00 $ 90,000,001 $ 150,000,000 $ 4,000.00 $ 150,000~001 and over . $;5-1~OO.()Q ~- ~ -;::;....;:::::='. ---..,.... - - ~ ---- - ~" - .~-~-:"--~"~;'~'"--':-"--ff-__-T;;'~~-~~"';~~ Annual Fee Schedule . --_.---- ~~~ b) Qualified Agency shall submit approved budget documentation. c) State reserves the right to verify Qualified Agency's budget. The Notice of Public Hearings Budget Reports, line 12, on file with the Oregon Department of Revenue will be used for verification. 3.5(b) Vehicle Purchase Fees: For purchases from certain State Agreements for Vehicles, State: ORCPP Agreement, Revised 6100 -9- r lIe a) Shall invoice Qualified Agency an additional $75 administrative fee for each Vehicle purchased. Administrative fee will be invoiced at time of order notice. b) Reserves the right to verify Qualified Agency's copy of the Notice of Order to those provided to State by the Contractor and shall invoice Qualified Agency when necessary. c) Reserves the right to assess an additional fee of $200, in addition to the $75 administrative fee, for failure to notify State of vehicle Notice of Order. 4.0 ADDITIONAL ORCPP SERVICES: 4.1 Solicitation Services. Upon written agreement between Qualified Agency and State, State purchasing analysts may provide Solicitation Services to Qualified Agency. Solicitation Services shall comply with State and Qualified Agency's public purchasing statutes and rules. Solicitation Services are not available for products and/or trade services otherwise available under existing State Agreements. State: a) Shall provide Qualified Agency a time and cost estimate for the Solicitation Services and shall notify Qualified Agency of acceptance (or rejection) of Qualified Agency's request to provide Solicitation Services prior to commencing Solicitation Services. b) Shall submit to Qualified Agency a proposed schedule for Solicitation Services. c) Shall develop Solicitation Document(s) on the State's automated purchasing system. d) Shall advertise Solicitation Document(s) on the State's VIP system. e) Shall administer the procurement process on behalf of, and in consultation with, Qualified Agency. t) Reserves the right to decline Qualified Agency's request to provide Solicitation Services. Qualified Agency: a) Shall submit to State a request for Solicitation Services which shall include, but not necessarily be limited to, the following information: ~--:;,..;.........;;.~~~-...-- · Qualified Agency nwober . Quantity and Unit (use nUJ.Aber~sign~ to member by,,_~_ _~ _ _-=--=-,;-~_ ORCPP) . Ship to address · Bill to address . Date wanted · Number of invoices · Accounting information (optional) · Description ofproduct(s) -- ----~- , · Unit price . Total price · Ordered by name and signature . Ordered by telephone number · Approved by name and signature · Approved by telephone nJ,UIlber -~ ; .J' ,-,. ORCPP Agreement, Revised 6/00 - 10- l' b) Shall work together with State to determine responsive bidder for award of Contract. 11 C c) Shall be responsible for selection of Contractor, inspection of goods, supervision of trade services contractors, and compliance with or enforcement of manufacturer or Contractor warranties and other related matters. d) Understands that State will assess a separate service fee for any and all Solicitation Services provided by State. 4.2 Additional ORCPP Services Fees: Solicitation Service Fees: a) The flat rate for Solicitation Services is $50 dollars per hour or portion thereof. b) State analyst shall provide Qualified Agency a time and cost estimate for Solicitation Services, prior to Solicitation Document development. c) Fees for Solicitation Services will be invoiced and collected on an as-used basis. d) Legal fees associated with Solicitation Services are the sole responsibility of Qualified Agency. 5.0 Reciprocal Cooperative Governmental Purchasing Agreements: The State may, from time to time, enter into interstate cooperative governmental purchasing agreement(s). Interstate cooperative governmental purchasing agreement(s) ("Interstate Agreements") may allow Qualified Agency to access some or all of the purchasing services provided therein. Any purchasing service(s) available to Qualified Agency under an Interstate Agreement shall be outlined in the Interstate Agreement. The State shall (I) notify Qualified Agency of such Interstate Agreement(s); and, (2) the particular purchasing service available (if any); and, (3) the procedures for use; and, (4) any additional cost or fees applicable. Qualified Agency is responsible to assure that use of such Interstate Agreement complies with all laws, roles or regulations which might govern Qualified Agency's ability or authority to use such Interstate agreements. 6.0 Agreement Term: Unless earlier terminated or extended, this ORCPP Agreement is effective as of the date signed by the State, and shall remain in effect until June 30, 2001. 7.0 Agreement Renewal: State: a) Shall send Qualified Agency a notice for ORCPP Agreement renewal 60 days ~_.-cPrio~.expiratio~c;urrent.Agreeme.at.t~ - ~ -" =-,,,,.-, ..".. ~._- .~-.~~------,..=.-,,-.. Upon written agreement between State and Qualified Agency, and so long as Qualified Agency remains qualified and wishes to renew their membership, the Qualified Agency: a) Shall submit to State the ORCPP Agreement fee and all renewal documentation required by State to be provided, prior to or during the renewal period of July 1, to July 31. ORCPP Agreement, Revised 6100 - 11 - r r lIe b) Understands that any use of ORCPP Agreement services during the renewal period, July 1 to July 31, signifies Qualified Agency's intent to renew ORCPP Agreement and State shall invoice Qualified Agency for ORCPP Agreement fee and any other charges related to ORCPP Agreement service(s) ifrenewal is not received before July 31. 8.0 Termination: This Agreement may be terminated by either State or Qualified Agency upon 30 days' written notice. No such termination shall prejudice any rights or obligations of either party already accrued prior to the effective date of termination. 9.0 Hold Harmless; Indemnity: Qualified Agency shall save, defend, hold harmless and indemnify State, its divisions, officers, employees, or agents and members from all claims, suits, actions, losses, damages, liabilities, costs and expenses of any nature whatsoever resulting from, arising out of or related to (1) the acts or omissions of the Qualified Agency, or its officers, employees, members or agents (2) the goods sold, and (3) the services provided, pursuant to this Agreement. 10.0 Successors in Interest, Assignment: The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Neither party shall assign or transfer its interest in this Agreement without the prior written consent of the other. 11.0 Merger Clause; Amendment; Waiver: This Agreement constitutes the entire agreement between the parties on the subject matter thereof. 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 the Contract 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 the State to enforce any provision of this Agreement shall not constitute a waiver by the State of that or any other provision. 12.0 Limitation of Liability: Qualified Agency agrees that the State shall not be liable whatsoever for any dirt~c~ !p.9!rect,j!l~i<leJJta1_or CQ..ns~uential Aamages sustained by Qualified Agency which arise out of or are in any way related to goods or services obtained from Contractors under a State Agreement or Contract utilized by Qualified Agency pursuant to this Agreement. Qualified Agency understands and agrees that the State makes no representation or warranty regarding the suitability, durability, merchantability or fitness for a particular purpose of any goods or services available under a State Agreement or Contract available pursuant to this Agreement. 13.0 Authorized Agents: Qualified Agency agrees to (i) provide State a list of all persons authorized to sign Purchase Requests on behalf of the Qualified Agency, including samples of such persons' _ .. sign.atures, 8,Il4{ii)jpnnediate)yin{Qrp1,.S.t:at~.ofanM:,changtdn-Qualified Agency'&,authorized agents.- ~.~--':l'" ':c-'.;-.."....;::;i;'i~-...,....'...n.___..a _. '-'" .. .-,. .., _~'.- --, ,- - ..~ . i -.J ORCPP Agreement. Revised 6100 - 12- AGENTS AUTHORIZED TO SIGN PURCHASE REQUESTS ON BEHALF OF THE QUALIFIED AGENCY IIC Signature: Name: Signature: Name: Title: Title: Signature: Name: Signature: Name: Title: Title: Signature: Name: Title: Signature: Name: Title: Signature: Name: Signature: Name: Title: Title: Please use a separate page for additional signatures. 14.0 Compliance with Applicable Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon. Qualified Agency agrees to accept responsibility for and to ensure compliance with all laws, rules, regulations and ordinances relating to goods or services obtained pursuant to this Agreement, including but not limited to, ORS 279.312, 279.314, 219.316 and 219.320. 15.0 Governing Law; Venue: Any claim, action, suit, litigation, or proceeding (collectively "Claim") between the State and Qualified Agency arising out of or related to this Agreement, shall be brought and conducted solely in the Circuit Court of Marion County in Salem, Oregon; provided however if a claim must be brought in a federal forum, then unless otherwise prohibited by law, ORCPP Agreement, Revised 6100 - 13- I r it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. Qualified Agency, by execution of this Agreement hereby consents to the in personum jurisdiction of said courts. However, nothing herein shall be construed as waiver of the State's sovereign immunity with respect to any state or federal claim in either state or federal court. lie 16.0 Signatures: Each party, by the signature below of its authorized representative, hereby acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms and conditions. Each person signing this Agreement represents and warrants to have the authority necessary to execute this Agreement. QUALIFIED AGENCY QUALIFIED AGENCY (legal counsel signature, if necessary) APPROVED AS TO FORM: Signature: Name: Signature: Name: Title: Title: Date: Date: FOR STATE USE STATE Signature: Name: Title: Date: STATE OF OREGON APPROVED AS TO FORM: Signature: Title: Assistant Attorney General Date: 1 '-/ ORCPP Agreement, Revised 6/00 - 14- r INFORMATION FORM lIe .=NCY NAME: DDRESS: EL# FAX # 1ST ALL DIVISIONS OR SECTIONS IN YOUR AGENCY AUTHORIZED UNDER THIS AGREEMENT gency Contact: AX# TEL. # Internet E-Mail Address: ontad person for accounts payable issues El. # temet E-Mail Address: FAX # VIP Access he easiest method of accessing the VIP System is through the Internet. If you have Internet access ou can access the VIP System via a Telnet session at our website: http://tpps.das.state.or.uslpurchasing you do not have access to the Internet but have an IBM compatible computer and a modem you can ccess the VIP System through the VIPCOMM software that will be provided to you at no cost. Please all (503) 378-4649 for a copy of the software. rogram Administrative Fee Payment method: heck # VisalMastercard Card # Exp. Date end to: Department of Administrative Services, Purchasing Section Oregon Cooperative Purchasing Program 1225 Ferry Street SE Salem OR 97310 For DAS Use Only Agency #: qenewed_ USER ID: New_ ORCPP Agreement, Revised 6/00 - 15 - ~ llD MEMO TO: City Administrntor fur Council Actio.P r1I1i:) Julie Moore, C. E. Tech ill, through Public Works Director ~ FROM: SUBJECT: Stop Sign Installation at Montebello Subdivision DATE: October 30, 2000 RECOMMENDATION: It is recommended Council approve the attached resolution which will allow the installation of STOP signs at the specified locations in and around Montebello Subdivision. BACKGROUND: Montebello Subdivision, Phase I, is a new subdivision that is near the end of the infrastructure phase of construction. This phase of the subdivision consists of 75 lots which are located south of West Hayes Street. This project also required the developer to extend the street south of Stacy Allison (east ofWalmart) to the subdivision and extend Stacy Allison to the west and south around WaImart. Now that the subdivision and other infrastructure work is almost completed it is desired to have STOP signs installed to establish right-of-way before the streets are opened up for traffic. Therefore, the following locations are recommended to have stop signs placed: 1. On Evergreen Road at W. Hayes Street - This intersection already has a three way stop. The addition of a stop sign here will make the intersection a four way stop. 2. On Baylor Drive (in Montebello Subdivision) at Evergreen Road. 3. On Harvard Drive (in Montebello Subdivision) at Evergreen Road 4. On Lawson Street at Evergreen Road 5. On Lawson Street at Stacy Allison Way NOTE: Stop signs were originally approved for installation on West Hayes at Prairie -- --BJ'vd;1rirlclris now being~~eretakendoWl1 because~------ Prairie (Lawson) was not constructed until recently. And it is now recommended that the signs be replaced on West Hayes and the driveway out ofWalmart, allowing through traffic on Lawson. I l' liD COUNCIL BILL NO. 2274 RESOLUTION NO. A RESOLUTION DIRECTING THAT STOP SIGNS BE INSTALLED ON EVERGREEN ROAD AT W. HAYES ST.; ON BAYLOR DR. AT EVERGREEN ROAD; ON BARV ARD DRIVE AT EVERGREEN ROAD; ON LAWSON STREET AT EVERGREEN ROAD AND AT STACY ALLISON WAY. WHEREAS, ORS Chapter 810 grants to the City of Woodburn, the authority to install stop signs at various locations within the City limits, and WHEREAS, the City Council has received and considered the attached staff report recommending that STOP signs be placed on Evergreen Road at W. Hayes St.; on Baylor Drive at Evergreen Road; on Harvard Drive at Evergreen Road; on Lawson Street at Evergreen Road and at Stacy Allison Way, NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That STOP signs be installed on Evergreen Road at W. Hayes St.; on Baylor Drive at Evergreen Road; on Harvard Drive at Evergreen Road; on Lawson Street at Evergreen Road and at Stacy Allison Way. Isl N. .Robert Shields Approved as_to f9rm: City Attorney Date Approved: Richard Jennings, Mayor Passed by Council Submitted to the Mayor -- -- - - Approved uy the Mayor Filed in the Office of the Recorder .......---- .--=..--.~----" - -~---~.~~.-..~"'"'- - -..-.------... AITEST: Mary Tennant, City Recorder City of Woodburn, Oregon I r tt\ lID=- ~ C> AO_ , 0 . 0 rSr @[]{]&rm1 JJ @f? ~ l- <t 2: -1 <t 3: ~ ~ ~ ~ ~ ~ lif\ ~~ . t'<, <-, z - -P...." /' . --v " ROW -. ~ ~O.. C8' .., .., -.; ----- '.....,. ~_ _ ~O".______ ~ ------ ~ :I 0 " _______ :I -........ ."" ~. ~l ~. \' " i 2. - \=\Il \I' (),. ~~ ~ ~ .., (8/ ,,,~ RO. fJ u '" ./ co ~ 1 :r~"2--; u '" - ~~ & ~ ~ ~ \1\ -:-C8' ~]Ji~~ '- . ~ o. 'I" FIC _ _ . L<; '\AD c; l"''''' -- FIC .0. llfm ~ -' ,., .. lID ~ ~ ~, Qft l!!! ~ ~ I · ~ \n ;\1 ~ Ii il I iH rZ ." 0. ..- \\ ~, PARCEL 3 CG-1 COMMERCIAL -- - .. ----- ----- -:-- . --~.,. / . N 2 lIL Y . 17 La ~0';E3::) 51"$ P S. &N ~-""~.-~- '.., '.. .., " ,.:> ...-,~1_~ i::>. __n ,Of Ite ~_.. , - ,.' lit -,.- ~....=-=-=-=..:.~~_ _ _ ~ __ _ ..~_ __=.1..:__ ..et .11 --.. ...., tt' --- ) ~AHLtL 1 RM-1 MULTI~FAMILY ~ '-- '.)t~' \ \ ~, / " ( '\\ ~ loe.. 1,,0' .,.. _.n ,..... ,.. .. ..0' .. -.... lO'l 'f __n . Ii ,.. .. _.n .... ,. --" ~'''r( ... .,... UN' EvERGREEN ROAD ...... ..... ,0' 1 ...." '"' I. _ -- I i L01 t' ..... . ,;.U1 " !......n ~ .... ,41 !......t t.., " ~~..... 1,-0' ,I ~_._" .... ~ \,01 I' ~.,... .. . ,-0' ,e ~_.... ... 10" ... 10." , .. ".. " .. ... .... .. .. GO .. .. Let 'f ,0' '" ..,." ...."" ,,0'). ,,0' 11 -- . " -, - ,. . ".' I. . ,0' ... "'.eo w. .TON_~~. ",Il1O .. .. o. ... It -, ,I' D ,~ ... ,0' n- --"i .......... . ,,0' .. .n .,... 't.. ... .. ........ """ ......,. \,.,.. ....'1 ........ ...... '" ASE PHASE' TWO' I ..0'. "...,1....._1....',. ........ ....., ...... ........ ..It It ...." I.' ~~ _ 1 \.0' " ..... ....." j---.- , I "t.t ..... I ,I' .. ~ lID ~ ( ? ~ I 8 a ,,01 .. _a'"~ 8 a f,.CL- '1 ~ ---.. a ,I' " a _.n ~ '::. ;;a a ,I' " f Ii --,. . .... 0, I --,. I Ii .e' ." _.n ,I' .. _.n ,I' ,.. _IOn ,I' ... _IOn ,I' ,-. __n , . lIE City of Woodburn Police Department STAFF REPORT Woodburn OR 97071 (503) 982-2345 270 Montgomery Street Date: From: To: Through: Subject: Applicants: Location: November 8, 2000 ' Paul Null, Chief OfPOli@ Mayor and City Council John Brown, City Administrato~ Liquor License Application - Los Cabos Restaurant (Formally Sally's Restaurant) Los Cabos Restaurant, Inc. Rigoberto Robles 22880 SW Mandan Dr. Tualatin, OR 97062 Las Cabos Mexican Restaurant 1565 N. Pacific Hwy. Woodburn, OR 97071 Licence Type: Dispenser, Class A - This license is issued to restaurants with a separate lounge or bar area, and permits sale of hard liquor, wine and beer. ._ .. RKOmmendatio.... Co. Tfte...Weodlmm-€i~i~ove4f:l.~ ~1a88-A liquor liceR~ -~........- for Las Cabos Mexican Restaurant, 1565 N. Pacific Hwy.,Woodburn. The police department received an application for a liquor license from applicant Rigoberto Robles. The application is for a change of ownership, license type, and name change from Sally's Restaurant to Los Cabos Mexican Restaurant. The liquor license type is being changed from a Retail Malt Beverage to a Class A license The department has completed an extensive background and criminal records investigation on Rfgo8efto ROO~flil~-J:.tl'1&r~ag~Jese"'.AJoecmga~lv ....yplicatIthas no crirnift.M--. 0.--- record and nothing of a questionable nature was found in his background. Mr. Arechiga has been arrested once for Assault 4 by Tigard PD, but the complaint was not filed with the court. Noting else of a questionable nature was found in Mr. Arechiga background. .....~.- Mr. Robles is currently part owner and manager of two other restaurants; Ixtapa Mexican Restaurant in West Linn and Puerto Vallarta Mexican Restaurant in Canby. A local police records check of these restaurants show no history of liquor law violations. r I met with Mr. Robles and discussed the operational plan for his establishment. He advised his business hours will be 11 :00 a.m. to 10:00 p.m. Sunday through Thursday and 11 :00 a.m. to Midnight Friday and Saturday. There will be a small lounge with the majority of the seating being used for restaurant seating. The business will be a family style restaurant with no accommodations or plans for dancing or any other lounge type activities. On special occasions, there will be live music such as a mariachi band. lIE A records check of the previous business, Sally's Restaurant, shows no history ofliquor law violations. cc OLCC Applicants l' IlF MEMO FROM: City Council through City Administrato~ Public Works Program Manager Lf /L----- Bid Award for Maintenance Shop Lube Pit and Roof Replacement TO: SUBJECT: DATE: November 8,2000 RECOMMENDATION: Award City of Woodburn Bid 21-01 for the installation of a lube pit and replacement of the roof at the proposed maintenance shop to Kohring Construction Company for $52,175.00. BACKGROUND: City of Woodburn bid number 21-01 for installation of a lube pit, replacement of some roof trusses and replacement of the roof at the proposed maintenance shop was opened and read at 11 :00 A.M. on November 8, 2000. Results were:The contract amount is within the amount in the approved Public Works facility budget. Bidder Kohring Construction Co. MG Construction Inc. Gravo Construction Inc. Future Painting & Construction, LLC. Zink Commercial B&L Construction Inc. Select Contracting, Inc. Hannan-Mossman Construction, Inc. Amount $ 52,175.00 $ 53,500.00 $ 55,800.00 $ 58,500.00 $ 61,900.00 $ 72,330.00 $ 79,789.00 $ 80,523.00 -:-- ~_~.._~-EngineersJ~stirnate~.$55,QC)O.OQ,~,~;o-~='" As part of the budget process the decision was made to relocate the public works vehicle maintenance shop and to install a lube pit to facilitate periodic vehicle maintenance. In order to make the shop accessible for larger public works vehicles a portion of the roof trusses required replacement and the existing roof was in poor condition and required replacement. The approved capital improvement program project for a public works garage totals $7t;WO .with $49~OOO pPJgr!:llrnmerlitLthisJi~calyear~aadJhe remaindet.itl..the following...-'"".......- -- --,-, fiscal year. The entire project cost of $71,900 is included in the approved budget and it will be more cost effective to approve this first phase of the garage project at this time although it is slightly higher than the capital improvement planned for this fiscal year. The low responsible bid amount is within the amount in the approved Public Works facility budget and staff recommends that the bid award be made. IIG FROM: MEMO City Council through City Administrator ~p \*\Dean Morrison, P.E., through Public Works Director ~ TO: SUBJECT: Engineering Services Contract Modification DATE: November 6, 2000 RECOMMENDATION: It is recommended that Nicoli Engineering be granted additional compensation in the amount of $28,895 for out of scope work on the contract for the design and construction ofthe Maintenance Building and remodeVaddition ofthe Control Building and Laboratory, aU located at the Wastewater Treatment Plant. NOTE: To keep the costs within the projected budget City Council rejected the prior bid of$2,762,Ooo for Contract 2 and Staff directed modifications were preformed by the Engineer to reduce costs by approximately $1,100,000. BACKGROUND: Following is a breakdown ofthe extra work done by Nicoli Engineering and cost for the work: 1. Additional Contract AdministrationlInspection costs for Phase 1, Maintenance Building Foundation = $1,082. 2. Additional costs for Laboratory design including changes relating to finding dry rot in cabinet structures, design ofa five ft. strip addition to the east side of the wing, and revising lighting fixtures at City's request = $20,107. 3. Reimbursable expenses, including Marion County Building plan review and building permit costs paid to Marion County = $7,706. Total additional costs = $28,895 These-costs were beyond-the scope of the original contract. The Nicoli contract; after the proposed addition, will be in the amount of$127,595. The staffis satisfied with the consultant's work, which has helped to reduce the overall cost of the project as indicated above. Therefore, the contract modification in the amount of $28,895 is recommended. IIH MEMO DATE: City Council through City Administrator ,'/1 , Public Works Directo~ ~ ~ November 8, 2000 TO: FROM: SUBJECT: Non-Exclusive License Agreement RECOMMENDATION: Approve Non-Exclusive License Agreement between Woodburn School District and the City of Woodburn and authorize City Administrator to sign the agreement. BACKGROUND: The Woodburn Public Works Department is in the process of installing a meter to determine the wastewater flow in the existing sewer main along Goose Creek on school property. We had requested the school to provide us an easement, however, the school district has proposed to give us a non-exclusive license to accomplish the same goal. The city attorney has reviewed the document and does not see any problem with it. Staff recommends approval. GST/lg Enclosures: Copy of Non-Exclusive License Copy of letter sent to Superintendent Jack Reeves (9126/2000) wI area map GSnGooseCrk\Non-Exclusive license Agmt -SchoolDist f IIH NONEXCLUSIVE LICENSE AGREEMENT PARTIES: SCHOOL DISTRICT: Marion County School District 103-C 965 N. Boones Ferry Road Woodburn, Oregon 97071 CITY: City of Woodburn Department of Public Works 190 Garfield Woodburn, Oregon 97071 RECITALS: A. The City wishes to obtain a utility license for installation of an underground electric utility line to supply power to a device that will monitor current water flows of the sewer main which crosses the School District's property. An electric line must be installed to operate the flow measuring device and the most convenient source for electricity is the School District's power sign board. The City wishes to connect to the School District's power sign board and the City estimates the electrical consumption of this device to be less than electrical consumption of a 60 watt bulb. The City wishes to obtain from the School District a 10 foot wide license for an electrical line extension from the power sign board to the sewer main monitoring device as shown on the map attached as Exhibit "A". ~. The parties wish w-me1116Iiaiize~irtr1ttrerstanding;nwrlti:iJ.g:- -~- " - ---~.. '.~- -.~'........~ NOW, THEREFORE, in consideration of the mutual promises, representations, and warranties of the parties, the parties enter into the following: AGREEMENT: 1. Incorporation of Recitals. The parties reassert and acknowledge the Recitals, which are incorporated herein by reference as part of this Agreement. 2. Grant of License. The School District, for valuable consideration, receipt of which is hereby acknowledged, does grant unto the City and the City's agents, employees and assigns a license over and along the full width of the premises described to-wit ("Licensed Premises"): A 10.00 foot wide utility license for an underground power line. Beginning at the southwest comer of the Woodbum School District property in Section 7, Page 1 - NONEXCLUSIVE LICENSE AGREEMENT n: \wpdocs\9S328008\access-agr .doc\1ao 10/9/0015:04 . I f IlH T5S, RIW, W.M. in Marion County, Oregon; said point also being the southeast comer of Northwood Plaza Addition No.1, a duly recorded subdivision of Marion County, Oregon; said point is on the north Right of Way line of Oregon State Highway 214; thence N 67013'49" E, 747.45 feet along said right of way to a point; thence N 22046' 19" W, 40.48 feet to a sewer manhole and the true point of beginning of the centerline of the license, lying 5.00 feet wide on each side of the following described centerline; thence N 43049'09" W, 255.31 feet to a point which is located at the electric power source and the terminus of the license. With the right, privilege and authority, to construct, maintain, replace, reconstruct, remove and add to an electric wire conduit, with all appurtenances incident thereto or necessary therewith, in, under and across the above described Licensed Premises, and to cut and remove from said right-of-way any trees and other obstructions which may endanger the safety or interfere with the use of said conduit, or appurtenances attached or connected therewith; and the right of ingress and egress to and over said above described Licensed Premises at any and all times for the purpose of doing anything necessary or useful or convenient for the enjoyment of the license hereby granted. 3. Duration. This license shall commence upon execution of this Agreement and terminate on the earlier of October 31, 2005 or upon non-use of the City improvements within the Licensed Premises. 4. Cost and Maintenance Expense. The City shall be responsible for any and all costs associated with the installation of the City improvements within the Licensed Premises and for their maintenance, replacement, or removal and the City shall restore the Licensed Premises and any improvements disturbed by the City, to as good a condition as they were prior to any such installation, work or maintenance, but if not practical, then pay to the School District reasonable compensation. 5. NDeexclusi~~1 Bistrict- aM...tes-assigns,""fegel"Ve'--1he 'right'to-use-the Licensed ~ ~ Premises for school grounds, walkways, driveways, planting, landscaping and all other purposes not inconsistent with the rights of the parties herein granted. All City improvements within the Licensed Premises shall be at a depth consistent with these uses. No structure shall be placed within the Licensed Premises, or within 450 projection upward from the electric power supply line lying within the Licensed Premises. 6. Indemnification. City and City successors in interest shall indemnify, protect, defend and hold harmless the School District and School District's successors in interest in ownership from any and all loss or liability, including reasonable attorneys fees, for property damage and personal injury arising out of the construction, installation, operation, use, or maintenance of the City improvements within the Licensed Premises. 7. Modification. Any modification of this license or additional obligation assumed by either party in connection with this license shall be binding only if evidenced in writing signed by each party or an authorized representative of each party . Page 2 - NONEXCLUSIVE LICENSE AGREEMENT n:\wpdocs\9S328008\access-agr .doc\lao 10/9/0015:04 r IlH ST ATE OF OREGON ) County of -7J}a r I () 1-1 ~ ss. / I The foregoing instrument was acknowledged before me this& .; ~ay of ) ; t/ e J;J I k 2000 by Jack Reeves of Marion County School District lO3-C, who being fir t duly sworn, did say that he is the Superintendent of Marion County School District lO3-C, and that this Agreement was signed on behalf of Marion County School District 103-C, and he/she acknowledged this act to be his voluntary act and deed. r:'.. ~ ~ m... JJUAU- [7J~~ NOTARY PUBLIC FOR OREGON My Commission Expires: 9' / ;;; ;;.) O~ - OFFICIAL SEAL IRENE E. VElICHKO NOTARY PUBLIC-OREGON COMMISSION NO. 337303 MY COMMISSION FXPIRES SEPT. 22. 2004 STATE OF OREGON ) ) ss. County of ) The foregoing instrument was acknowledged before me this day of , 2000 by of the City of Woodburn, who being fIrst duly sworn, did say that he/she is the of the City of Woodburn, and that this Agreement was signed on behalf of the City of Woodburn, and he/she acknowledged this act to be its voluntary act and deed. Before me: NOTARY PUBLIC FOR OREGON My .conyni~i9n Expires: Page 4 - NONEXCLUSIVE LICENSE AGREEMENT n: \wpdocs\9S328008\access-agr .doc\lao 10/9/0015:04 r IIH 8. Dispute Resolution. In the event that there is any dispute between the parties relating in any way to this agreement, the parties must mediate any such dispute before commencing any legal action. No party to this agreement can bring legal action or demand mandatory arbitration against another party without first participating in mediation, unless one party refuses to submit to mediation and legal action is brought to specifically enforce this mediation provision of this agreement. If the parties cannot agree upon the person to act as the mediator, then the Arbitration Service of Portland, Inc., in Portland, Oregon shall select a person to act as the mediator. The mediator's charges and expenses shall be split by the parties on a 50-50 basis. Mediation fees and costs do not include each parties' attorney fees and costs. Each party shall be responsible for his own attorney fees and costs at mediation. Should the dispute not be resolved by mediation, the parties agree to submit any dispute arising between the parties relating in any way to this agreement, to binding arbitration with the Arbitration Service of Portland, Inc., in Portland, Oregon, and shall utilize such Service's rules of procedure. If the parties cannot agree upon an individual to act as the arbitrator, then the Arbitration Service of Portland, Inc., in Portland, Oregon shall select a person to act as the arbitrator. If the dispute goes to arbitration, the prevailing party will be entitled to its attorney fees and costs incurred in the arbitration process. The decision of the arbitrator will be final and not subject to any appeal and will be enforceable in a court of competent jurisdiction. EXECUTED by the parties this day of ,2000. SCHOOL DISTRICT: Marion County School District 103-C CITY: City of Woodburn By: John Brown~ City Administrator Page 3 - NONEXCLUSIVE LICENSE AGREEMENT n:\wpdocs\95328008\access-agr.doc\lao 10/9/0015:04 lIB CITY OF WOODBURN 270 Montgomery Street · Woodburn, Oregon 97071 (503) 982-5222 TDD (503) 982.7433 FAX (503) 982-5244 September 26, 2000 Mr. Jack Reeves, Superintendent Marion County School District #103 965 N. Soones Ferry Road Woodburn, OR 97071 Subject: Goose Creek Sewer Main Expansion - between Soones Ferry and Hwy 214 Dear Jack: We are requesting a utility easement for installation of underground electric line to supply power to a device that will provide current winter flows of the sewer main in Goose Creek between Soones Ferry and Hwy 214. To make a cost effective decision to enlarge the sewer main, it is necessary to know the flow patterns and the expected increase in flow If the sewer main is not enlarged in time, then environmental damage could be expected due to overflows. Generally, technical evaluation process is completed a few years prior to a sewer main reaching its capacity. In recent years we have been able to install electronic automatic devices which provide us the information on current flow thus allowing us to predict the needed time frame for expansion of a sewer main. However, an electric line must be installed to operate the flow measuring device. A meter could be installed, if you wish us to do so, to determine the electric consumption and this cost could be paid by the city. The electrical consumption of this device is estimated to be less than the electrical consumption of a 60 watt bulb, and the most suitable connection point is the electric sign board for the high school. Therefore, we are requesting a 10-foot wide easement for electrical line extension. Please be aware that the time frame for expansion of the sewer line in Goose Creek is unknown at this time. The cost of electric line extension, the evaluation cost or the expansion cost of the sewer main in the future will not be charged against the school or any adjoining property, since it will be done to benefit the community as a whole. I appreciate the cooperation we have received from the school in the past and request the school board grant the city an easement as described in the attached document so that the electric line could be extended and the wastewater flow measurement started in the very near future. Thank you. Sincerely, ~d~ r G. S. "Frank" Tiwari, P.E. Public Works Director GSTlg Enclosure Utility easement document and map cc Paul Becker, Engineering File GST\GooseCrk\SwrMaln ExpanSion ." I / .I ~ g ~J <> ., O~ ' O::iJ '--- '\ 10 III ) \ f) ~l ---~---- (\1 ,... ~ ~ ... '" "- '" ~ ~ 1 ( 1 2 .,.:- II] ~~ <") ~ ') 0 <") en (I) , 3lC lON .N y": ~ ~ :1 " I' ~ ~ ;1 " ,. " L. .' ;11 , -~ i:! ----_______ ~; ;, I ;; ~ :2 ~ " ~ ~ -f "'''' :g <0 '" c:::> ~ c:> r-r) c:::> .--:> c:> ~ \ .-.., '-0\ ~o -. LU li1 II ,- Q 0., "0. <;8'<89 .SfJ 19.6 . 1; .l~. _ . -\ .-\J}2t~I._ _ .,~ '1<.' \ --1 z f'<")""" CJ f'0 c::> ~ tT ;' ":~:,,'1r---,\___ '\- : t! ---,--\ -'c- !j -'c-,~ .~ 7 7 7 /,-r-r----'-'cn, ., t If c:: a.' .._~ a 0" o~ U)" t r L.\ \ . . \ . I'. -_ '",.} 't- '"-'C'. -...Io-:t. 'u~ ......, ~. '"- I_ N (': \"'-.J -",: ~ s.. ~ "-\ -\ '" \;:>I _<1 '::J. '>l ". .'" -." ,,~ \- <:> " <- "'- ,c-. \...~ ~ ') -z: ~ \- f- '- y":: I h ~-, h'?' ?' . "\ 1.- (~ ,. __, .1./ , .;- ~.I f C~ . '.'! '<t' (,) ~:' 'I; ., t. :".; '" : ~J . ~, I:~ 4; I I , ;',-\- -. -"-.., d..of -<:)::, 'j ~-. 'VI a \ ~ -.) ~ ~ ~~ " ~~ ~ ~ ~ "~ V) -. ,: \, . , '- '- '- " / V " o~ .O~ . f- ~t : 1 - , > <3 -..Sl ~ o CO' i I / / IIH / " " <> ~ O~ O~ (J) ". ~ llJV 0(.6- r ~I-I f2 C> ~ 6t i!1 <' '-, I , I .// III November 1 3, 2000 TO: FROM: SUBJECT: Honorable Mayor and City Council x1s John C. Brown, City AdmlnistratorY"" Economic Analysis and Land Suitability Study Recommendation: It is recommended the City Council authorize the City Administrator to execute a contract with ECO Northwest, in an amount not to exceed $60,000, to complete an economic analysis and land suitability study. Background: In June 2000, the City Council authorized execution of a grant agreement with the State of Oregon for an economic opportunities analysis and land suitability study. The agreement provides $50,000 to fund the majority of the study. The Budget Committee and City Council approved and budgeted a $40,00 match for the study, which includes $10,000 for consulting services, $25,000 for City staff and services support, and $5,000 for contingencies. My June 26, 2000 staff report to the Council provides a full discussion of the background of this issue and is included as Attachment 1 to this report. In August 2000, a Request for Proposals (RFP) for consulting services to conduct the study was released to 10 firms (Attachment 2). One response to the RFP was received by the September 20, 2000 deadline, from a team of consultants lead by ECO Northwest and which includes Winterowd Planning Services, and Kittelson and Associates. ECO Northwest and Winterowd received the RFP separately, but joined together in !:ubmitting a~roposffi.~ = ~,~.. ~ -~ 7 -- 7-'- - - -.,.-" <r- -., . - -- Discussion: Staff was initially concerned only one response to the RFP was received. That the proposal represented two of the invited proposers relieved that concern slightly. A review of similar work conducted by ECO Northwest for other Oregon jurisdictions, and discussions with the Sate of Oregon regarding its experience with the firm further served to relieve concerns. Two phone conferences were conducted with ECO Northwest In October 2000, to discuss staff's concerns with the proposal, and expectations for the work to be completed as part of the study. Those conferences resulted In a revised proposed scope of work for the study, which is provided as Attachment 3 to this report. The purpose, process, and specific components of the study are well outlined in the proposal, and as such are not repeated here. l' III Honorable Mayor and City Council November 1 3, 2000 Page 2. It appears ECO Northwest's revised proposal reflects an excellent understanding of the City's needs from this study and is responsive to those needs within the constraints of Oregon land Use law. The proposed cost of services remains at $60,000, and the timeline for completion remains at just over 4 months. As of the writing of this report, details are still being discussed which will result in minor amendments to the attached scope of services. Those amendments should not affect either the proposed cost of, or delivery date for, the study. The Periodic Review Grant agreement with the State requires this study must be completed by June 30, 200 1. Although the proposed timeline for the study is less than 5 months, it is anticipated that City and State staff reviews of the work product will add additional time to the completion process. Accordingly, time is of the essence in commencing the study. To expedite the commencement of the study, you are requested to grant me the authority to develop and execute an agreement with ECO Northwest based on the attached proposal and in an amount not to exceed $60,000. Financial Impact: As indicated previously, $50,000 of the cost of the study will be provided through a State Periodic Review grant. The City's cash match of $10,000 is Included In the Community Development Department budget, as are $25,000 for City staff time and services support~ and $5,000 for ccmtingendes. A,s.lndkated in my June 23, 2000 report, any unexpended City match will be returned for other General Fund uses. JCB ~ ATTACHt.1ENT I Page _..1- of .3 III June 26, 2000 TO: FROM: SUBJECT: Honorable Mayor and City Council John C. Brown, City Administrator Periodic Review Grant Cor an Economic Opportunities Analysis and Land Suitability Study Recommendation: It is recommended the City Council authorize the City Administrator to execute a grant agreement with the State Department of Land Conservation and Development for an Economic Opportunities Analysis and Land Suitability Study. Bacbround and Discussion: As part of the Buildable Lands and Urbanization Project, the Growth Management Task Force evaluated the need for industrial land in the City of Woodbum and considered the types of industries that Woodbum should be working to attract. The group developed scenarios for the amount of industrial land needed to provide a balance of industrial, residential, and commercial land for the next twenty years. The group also the discussed housing needed to support industrial and commercial growth, and the importance of creating opportunities for higher wage paying employment. The group endorsed creating higher wage employment, to strengthen the local economy and raise the community's standard of living, and because that kind of employment can support moderate to higher end housing stock to balance the low/moderate housing stock developed in Woodbum during the past twenty years. Statewide Land Use plartning goals require communities to provide a - - -~--- balance between jobs and housing, with an emphasis on providing affordable housing for all income types. It appears, through discussions with Department of Land Conservation and Development (DLCD) representatives, that their approach to determining the proper jobs/housing balance is to evaluate income trends in a community, and promote housing development based on past trends. The Growth Management Task Force did not believe that approach is conducive to providing a balance of housing types for all income levels, including income levels that are not currently represented but could be. Neither id they believe that the approach supports the need for a balance between smaller lot sizes favored by the DLCD, and larger lot sizes favored by the Task Force (as a result of community input). Honorable Mayor and City Council June 26, 2000 Page 2. ATTACl-UAENT I Page ~ of - -'5 III Discussion: The buildable lands project is part of the City's periodic review process, and will be reviewed by the DLCD for consistency with Statewide Land Use Planning goals and requirements. DLCD representatives have indicated Woodbum's goals for future job/housing balances will not be viewed as consistent with statewide goals unless they are supported by scientific analysis. The DLCD suggested an economic opportunities analysis could provide the level of analysis needed to support Woodbum's jobs/housing goals, and offered funding to conduct that analysis. Woodbum's needs are greater than providing an analysis to convince the DLCD that more industrial land and higher end housing are needed. To diversify the local economy, raise the community's standard of living, and take advantage ofit's location on major transportation corridors, Woodbum requires an overall economic development plan to recruit and retain the kinds of industrial and manufacturing companies deemed desirable by the Growth Management Task Force. These include, but are not limited to growth industries with high average wages; clean, resource efficient and environmentally responsible companies; in the fields of producing specialty instrumentation, high technology products, specialty fumiture products, electronics and computer hardware and software, and valued added industries to support those primary industries. Woodbum is also interested in determining land use pattems, transportation facilities, and social, recreational and cultural amenities that will best support attracting and keeping those industries. It was with all these interests in mind that Woodbum submitted and application for a periodic review grant for an economic opportunities analysis and land suitability study (Attachment 1). The grant application was reviewed by City and DLCD staff, to assure it meets both agencies needs: that the work product will be consistent with statewide goals, will be acceptable to the DLCD, and will provide the City with a plan for creating the physical, educational, and social environment needed to diversify the local economy and raise average household wages. The attached grant agreement (Attachment 2) reflects the work tasks identified in the grant application, and the responsibilities of both parties. The grant will fund a study, to be conducted by a team of experts representing the fields of economics, land use and transportation planning, finance, engineering and housing, to complete the listed work tasks. The State will provided $50,000 for the study. The City is required to match that grant with $10,000 for the project team costs, and $25,000 in in-kind services provided by City Honorable Mayor and City Council June 26, 2000 Page 3. ATTACt:OAENT ; Page ~ of III administrative, planning and public works staff. It is anticipated, when the study is complete, the City will have a work product that details a concrete, step-by step plan for implementing the actions needed to for attracting and retaining industry in Woodburn. As this study is seen as critical to the economic health of the community, and because it will support the city's comprehensive plan periodic review activities, your approval of the recommended action is respectfully recommended. Financial Impact: The City's share of $40,000 from the General Fund has been allocated to the Planning Department budget to cover the estimated costs of the City's match for this grant ($35,000), and to provide a contingency for unforeseen costs that may arise during the study ($5,000). Any unexpended monies remaining from that allocation will be returned to the General Fund. JCB 1r t:.TTACHMENT ~ -"'age -'- of ..5 II I THE CITY OF WOODBURN ECONOMIC OPPORTUNITIES ANALYSIS AND LAND SUITABILITY STUDY Request for Proposals 1. PROJECT SUMMARY The City of Woodburn, Oregon seeks a qualified team of individuals to conduct a study that will provide the information and tools Woodburn needs to attract firms that provide higher-paying jobs. The study will provide or refine several of the components of the City's periodic review work program, which is currently underway. The study will also provide the basis for the City's public investment strategy, and identify a step-by-step program to make Woodburn competitive in the regional economic marketplace. A complete description of the background and need for this project, and the full range of activities and services required of the consultant in completing this project are included in the City's "Year 2000 Periodic Review Grant Proposal- Economic Opportunities Analysis & Land Suitability Study" (Attachment A). The proposal will be incorporated into the agreement entered into between the City and the consultant. Project funding is provided by a $50,000 grant from the Department of Land Conservation and Development (DLCD). 2. REQUIRED PRODUCTS A. Study Consultant will prepare a final report that comprehensively addresses the work tasks described in Attachment A. These tasks are briefly summarized below: 1. Economic Opportunities and Target Industries Analysis; 2. Determine Site and Infrastructure Characteristics Desired by --'Iorg.e.1;6}dfir-lm.Ql;\Q.A\&aUoeJ.Uty of Suitable Sites~ ._-- -- 3. Revise the Housing Needs Analysis Based on the Revised Economic Opportunities Analysis; 4. Recommend Changes to the Woodburn Comprehensive Plan, Public Facilities Plan, Transportation System Plan, and Development Code Consistent with the Results of Tasks 1-3; and 5. Recommend a Public Investment Strategy. B. DLCD Conditions Consultant will, in a timely manner, take all actions and produce all documents required to satisfy standard and special conditions placed upon this project by the Oregon Department of Land Conservation and Development (Grantor), as enumerated in Items 1. (1-5) on pages 2 and 3, and Items 1-7 on page 5 of the attached Periodic Review Urban Grant Agreement (Attachment B). The City of Woodburn will be responsible for coordinating with the DLCD, Marion County, and all affected government agencies. Request for Proposals Pagel ] C. Schedule ATTAC~ENT .:L Page of ~ III The project shall be completed within one hundred fifty (150) days of contract execution. The consultant's proposal shall identify a schedule and methodology to meet this time frame. 3. REQUIRED EXPERIENCE/COMPOSITION OF CONSULTING TEAM Proposals shall be submitted by persons or groups with the following collective knowledge and experience: Oregon Land Use Planning Urban and Regional Economics Economic Development Capital Financing Transportation Engineering Consultant expertise and experience must also include: . Development of Public Investment Strategies; . Economic Opportunities and target firm analysis; housing needs analysis; industrial siting analysis; buildable lands inventories and cost benefit analysis; . Specific and extensive working knowledge of the Oregon Statewide Planning Goals and applicable administrative rules; . Extensive knowledge and experience in preparation of a transportation system plan and traffic Impact analyses; . Specific experience with other Willamette Valley Communities; . Specific knowledge of natural resource planning requirements and standards, as related to development siting constraints; ____-_ __ _ _- -. -Qirect-expeFJenee-ln--'-HoFking with the public and.ef~esenfln@----- .... complex ideas in an understandable manner; . Writing and document preparation capabilities; . Demonstrated experience in working together and with local communities in a team-oriented environment; and . Project Management. Primary engineers on the consulting team shall be registered in the State of Oregon. 4. PROPOSAL REQUIREMENTS Proposals shall be submitted by 2:00 p.m. on Wednesday, September 20,2000, and work schedule is to commence immediately upon the signing of a contract between the City and the consulting team. At minimum, the proposal shall include the following: Request for Proposals PII/le2 'IT 1. ATTACHMENT :} page.-L.- OT ~ A schedule and methodology, as mentioned above, necessary tu achieve the City's objectives. III 2. General information regarding all team members, including specific qualifications, firm sizes, and overall firm capabilities considered relevant to this project. 3. The consultant shall identify by name each person, including those employed by subcontractors, assigned to the project, including position, role, level of responsibility, and percentage of time each will be involved with the project. Project team consistency is very important to the City and, therefore the contract will have provisions to maintain consistent team membership. The City reserves the right to reject any proposed team member or subcontractor. Proposals must identify a single person and an alternate member of the firm as project manager to work with the City. The project manager must assume responsibility for any sub-consultant work and shall be responsible for day-to-day direction and internal management of the project. The consultant will be expected to maintain an open dialogue with the City's representative regarding the project. 4. The consultant shall provide a personnel hour estimate for the tasks described in the project summary. The contractor shall also identify those services that will be provided by the firm and those that will be provided by any subcontractors. 5. The consultant shall submit one (1) copy of at least three (3) examples of similar projects the firm(s) has completed. In addition, names addresses and telephone numbers of the clients associated with each of these projects shall be provided. Submitted materials regarding similar projects will be returned upon selection of a consulting team. 6. The consultant may submit other information as appropriate to supplement the information requested above. 7. The consultant shall summarize all expected products and services to be delivered and provide a proposed budget for the overall proposal. Budget details shall be provided for the following: Delineation of personnel by level (Le., principal, professional, and administrative, person days assumed and cost); Delineation of materials and other direct costs; and Administrative support and overhead. The purpose of the submittals is to allow the City to evaluate the qUQlity of the Request for Proposals PttgeJ 1T p~~;VI~"~i I ~ consulting team's work and verify that the team has the required experience. III The consultant shall also provide information on recent projects illustrating a relevant breadth of experience and the ability to complete this project within the time specified. 5. PROPOSAL SELECTION CRITERIA Selection of the consultant will be based upon the team's experience; the approach taken to accomplish the City's objectives; the thoroughness and quality of the presentation of the proposal; a proven ability to complete similar projects within the identified deadlines; availability and accessibility of individuals assigned to the project; and references from past and present clients. The City may elect to conduct interviews with finalists in the selection process after the proposals have been submitted and evaluated. 6. GENERAL PROPOSAL/CONTRACT CONDITIONS A. Limitation and Award This RFP does not commit the City of Woodburn to the award of a contract, nor to pay any costs incurred in the preparation and submission of proposals in anticipation of a contract. The City reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with qualified consultants, or cancel all or part of this RFP. B. Contract Type The City intends to execute a personal services contract with the selected consultant. The consultant shall act as an independent contractor of the City. All work completed by the consultant under the contract shall be the property of the City. C. Billing Procedures Proposers are informed that the billing procedures of the consultant will be subject to review and prior approval by the City before reimbursement shall occur. A monthly billing, accompanied by a progress report shall be prepared by the consultant for review and approval. D. Validity Period and Authority The proposal shall be considered valid for a period of at least forty-five (45) days, and shall contain a statement to that effect. The proposal shall contain the name, title, address, and telephone number of an individual or individuals with authority to bind the firm during the period the City is evaluating the proposal. Request for Proposals Page ., '11 RECEIPT OF PROPOSALS ATTACHMENT ~ Page~ of 6 III 7. Sealed proposals for consulting services will be received at Woodburn City Hall, located at City Hall, 270 Montgomery Street, until 2:00 p.m. Wednesday September 20, 2000 and shall be addressed to: Mary Tennant, City Recorder City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 8. ADDITIONAL INFORMATION Additional information pertaining to this project can be obtained by contacting: John C. Brown, City Administrator 270 Montgomery St. Woodburn, OR 97071 (503) 982-5228 (503) 982-5244 - Fax john.brown@cLwoodburn.or.us - e-mail Attachments: A. City of Woodburn Year 2000 Periodic Review Grant Proposa/- Economic Opportunities Analysis & Land Suitability Study B. Oregon Department of Land Conservation and Development Periodic Review Urban Grant Agreement (DLCD Grant No. PR-U-O 1 ~077} . Request for Proposals PageS 11 Exhibit A: Scope of Work ECONorthwest ATTACHMENT. ...3 Page --L of I OJ..... 11 Economic Opportunities Analysis and Land Suitability Study PURPOSE The City's grant request to the Department of Land Conservation and Development (DLCD) is clear about its primary objective: to attract higher-paying, non-polluting jobs to Woodburn. Deciding on policies and investment strategies to achieve that simple objective, however, is not simple. Both good planning and state law require that certain steps be taken to evaluate local policy options. The City is looking for a consultant to help with those steps, which include: . Determining Woodbum's comparative advantages and constraints in the regional economic market place; . Identifying potential appropriate industrial and commercial firms with higher paying jobs, and the demographic, Iocational, site and infrastructure characteristics desired by these firms; and . Evaluating what it would take (in terms of investment, City policy changes, plan and code amendments and state approvals) to move in the direction of desired changes. There are at least four categories of questions that this study must address if the City is to get agreement from its citizens and from state . agencies (primarily DLCD and .the.Oregon-Department of_Transportation - -- .-- (ODOT)) on changes to its Comprehensive Plan: . What would the economy, employment, households, and housing of the City likely look like in 20 years if there are no significant changes in City policy for economic development and land use? . What opportunities are there to change that possible future? What constraints would have to be eliminated? . What would it take to eliminate those constraints (including policy changes, plan and code amendments and investments at both the City and state level)? . Given that evaluation, do the citizens of Woodburn (as represented by their City Council) wish to change City policy and plans to influence future economic development? If so, what steps must be taken to gain approval from relevant state agencies? Scope of Work: Woodburn Opportunity Economic Analysis ECONorthwest October 2000 Page 1 1r ATTACHMENT ~ Pag.~ of I ~ All of these questions are to be addressed in the context of updating the City's comprehensive plan (the economic element), consistent with the requirements of statewide Goal 9 and OAR 660-009-015 (Economic Opportunity Analysis) and OAR 660-009-0020 (which requires communities to adopt industrial and commercial development policies). 111 As defined in this scope of work, the purpose of this project is to get the City to a vision for its future economic development, founded on factual information, that simultaneously meets state planning requirements. 1 OVERVIEW OF THE APPROACH As part of its efforts to update its Comprehensive Plan over the last few years (Periodic Review), the City has completed: . A residential land needs assessment . An industrial and commercial land needs assessment . A public facilities plan . A wetlands and natural resources inventory . A park and recreation plan . An historic district / downtown plan That work led to conclusions about some potential problems with economic development, land use, and public facilities (particularly transportation). Among the conclusions: . In the absence of an aggressive economic development program, Woodburn's household incomes are likely to remain relatively low, creating a greater burden on the City to provide for more affordable housing . Woodburn is likely to continue to attract relatively low-paying service and retail jobs, unless steps are taken to modify probable economic trends . Woodburn currently lacks a solid fiscal base for providing public improvements . Potential development sites inside the Urban Growth Boundary (UGB) have natural resource and service constraints These issues are interrelated and need to be addressed simultaneously. That conclusion makes sense not only technically (because all those concerns interact), but also politically (beCause OLCO and OOOT will want to see how any change in land use to meet economic I Note that this project specifically addresses only Goa19, Economic, requirements and issues. In doing so it will inevitable need to discuss issues relating to housing, transportation, and other public facilities, but it will not attempt to address all statewide requirements related to Goals 10, 12, and 11. Page 2 ECONorthwest October 2000 Scope of Work: Woodburn Opportunity Economic Analysis 'If ATTACHMENT .3 Page..3- of I.:L development goals will affect other state goals relating to land use, public facilities, and transportation). 111 The work program that follows is structured so that all of the things that the City requests are contained in one of two documents: the Economic Opportunities Analysis, or the Economic Development Strategy. WORK PROGRAM2 TASK 1: AGREEMENT ON THE FRAMEWORK FOR THE ANALYSIS; REVIEW OF EXISTING DOCUMENTS In addition to getting all the background reports and data sets at the beginning of the project, ECO will meet with the City to discuss some possibilities for a fu~e plan concept, what support there is for that concept among citizens and City Council members, and the role City staff will play in the study. We also intended to meet with DLCD staff to confirm that the tasks and products outlined in this scope of work conform with state requirements or other grant conditions. In addition to face-to-face meetings with the City Administrator, Planning Director and Public Works Director, ECO will review the following periodic review documents: . Woodburn Comprehensive Plan; . Proposed revisions to Woodburn Zoning and Subdivision Ordinances; . Woodburn Periodic Review Work Program; . Agency correspondence, especially from ODOT and DLCD; . Woodburn Buildable Lands and Urbanization Project (McKeeyer /Morris, Inc., February 2000) and Appendices: . - Technical Memorandum No. 1 - Buildable Lands Inventory Methodology (W&H Pacific, March 1999) . Technical Memorandum No.2 - Buildable Lands Inventory (W&H Pacific, June 1999) . Demographic, Economic, and Recent Development Trends Memorandum (E.D. Hovee & Company, June 1999) . Housing Needs Analysis Memorandum (E.D. Hovee & Company, June 1999) . Base Case Memorandum (E.D. Hovee & Company, June 1999) . Alternative Growth Management Strategies Memorandum (McKeever/Morris, Inc., May 1999) 2 This section addresses RFP requirements 1 (methods, schedule) and 9 (showing proposed products to betdelivered). Scope of Work: Woodburn Opportunity Economic Analysis ECONorthwest October 2000 Page 3 11 ATTACliMEHT -3 Page-L.. of /~ i 11 . Mixed Use Campus District (City of Woodburn) . Proposed Urban Growth Boundary Expansion (City of Woodburn) . Comprehensive Plan and Zoning Ordinance Amendments (City of Woodburn) . Review Criteria and Findings (City of Woodburn, February 2000) . Woodburn Downtown Development Plan (City of Woodburn, 1998); . The draft Downtown Urban Renewal District Plan; . Other documents and meeting minutes provided by the City. All of our work will be designed to assist the City in achieving Periodic Review compliance while simultaneously providing the City with documents that will help it describe and achieve its desired economic future. ECO understands that the City is not entirely satisfied with some of the studies listed above. ECO will review these documents and, where appropriate, recommend changes consistent with State law, sound economic and planning analysis, and the City's economic development objectives. As part of this task, ECO will prepare outlines for City and agency review of the two key documents that this project is to produce: an Economic Opportunity Analysis (Task 2), and an Economic Development Strategy (Task 3). As part of this task ECO will have discussions with staff from DLCD and ODOT about the City's objectives, work program, and intended work products. ECO will document the results of those discussion, and discuss with City staff any issues those conversations might identify, especially those relating to the tasks and products of this study. As part of Task 1, City staff will reaffrrm or amend this scope of work. Schedule: Weeks 1 to 4 Products: Outline of Economic Opportunity and Analysis and Economic Development Strategy Meetings: 1 meeting with City staff; 1 meeting with agency staff Cost: $7,000 TASK 2: ECONOMIC OPPORTUNITIES ANALYSIS ECO will conduct an economic opportunities analysis consistent with Statewide Planning Goal 9 (Economy of the State), the Goal 9 administrative rule (OAR Chapter 660, Division 9), and local economic development objectives. The Economic Opportunity Analysis is the factual basis for economic development planning. It describes current conditions and policy, past trends, and likely future conditions. It is the basis for the development of the Economic Development Strategy in Task 3. The Economic Opportunity Analysis will be developed through ,the following subtasks: Page 4 October 2000 ECONorthwest Scope of Wor1<: Woodburn Opportunity Economic Analysis 1r ATTACtiMENT -3 II I Pag.~ of / OL TASK 2.1 : FRAMEWORK FOR ECONOMIC DEVELOPMENT PLANNING In order for the City of Woodburn to develop a public investment strategy, facilities, and services, it must clearly understand how these investments can affect economic development in the community, who will benefit from these changes, and who will pay for the investments. For example, the RFP implies that higher-paying jobs will increase average household income and strengthen the local tax base in Woodburn. But employees of new frrms mayor may not live in Woodburn, and Woodburn could seek to attract high-income residents who work elsewhere. And new firms will require additional public services that will offset any additional tax revenue the firms may generate. This task will develop a framework for thinking about economic development. ECONorthwest will describe an economic framework that explicitly addresses how frrms and households choose locations and how city investments can affect the location decision of firms. ECO will also describe generally how employment growth affects the level of income of Woodburn residents, the local tax base, the character of existing and future local housing, and the City's jobs-housing balance. This task will be based on previous economic development projects conducted by ECONorthwest and WPS as well as a review of recent literature in the fields of economic development and regional economics. The framework will also incorporate City goals for economic development as reported in existing City documents and confirmed or amended by City staff. TASK 2.2: SOCIOECONOMIC TRENDS AND REPORT BASELINE FORECASTS FOR WOODBURN This task will draw on previous work done to report historical socioeconomic trends and existing forecasts for population, employment, housing, and commercial development in Woodburn. These forecasts typically assume a continuation of economic trends, market conditions, and public policy (ECO will identify assumptions used to produce the forecasts, both explicit assumptions and those implied by the analysis), so they represent the expected future in the absence of any exceptional city actions to affect economic development. Thus, these forecasts form a baseline for expected future conditions that the City will seek to change through public policy and investments. Since the City has so much recent work on buildable lands and economic conditions and forecasts, ECO will start with that work and focus its efforts on evaluating, synthesizing, and supplementing that work to create the Economic Opportunity Analysis. This will allow us to development the Economic Opportunity Analysis more quickly, and will give us more time to work on the Economic Development Strategy. TASK 2.3: OPPORTUNITIES AND CONSTRAINTS The consultant team will assess Woodburn's comparative advantages in a manner consistent with OAR 660-009-0015(4), "Assessment of Community Economic Development Potential." ECO will assess the relative availability and quality of economic factors that playa key role in the location decisions of firms and households, including: Scope of Work: Woodburn Opportunity Economic Analysis ECONorthwest October 2000 Page 5 1r ATTAo~eNT ~ Page of 1.:1. III . Woodburn's location relative to markets . Availability of transportation facilities. Kittelson and Associates, Inc. (KAI)will provide background and interpretation of the City's Transportation System Plan (TSP). As part of Task 1, KAI will provide a summary of key transportation aspects that relate to economic development, changes in the amount and type of employment, and the rezoning of land. In this task KAI will respond as needed to questions from ECO about transportation issues relating to specific zones, parcels, or types of uses that look promising for the plan concept. Among the key questions to address will be access to 1-5: what can the existing interchange (with modifications) handle, what could a new interchange do, and what are the possibilities for a new interchange, given its cost and OOOT policy? . Supply of public facilities services. City staff have responsibility for engineering and costing on this project. The consultants will integrate the City staff into the discussion of current and possible future levels of service. . Availability of buildable land. The City recently completed its inventory. ECO expects to be able to use it and perhaps expand on it. . Labor market conditions, including educational and technical training programs and commuting patterns in the central Willamette Valley. Most of this information should be in recent studies done for the City. . The availability and cost of materials and energy. . Necessary business and other support services. . Pollution control requirements. This assessment will compare conditions in Woodburn to those in the Portland area and other Willamette Valley communities, as well as the larger West Coast region in which Woodburn will compete for business relocations and expansions. This analysis will also make preliminary recommendations on the types of changes that Woodburn can make to be more competitive in the economic market place. City staff are responsible for any engineering and cost evaluation of non- transportation public facilities. In addition to an assessment of the comparative advantages in Woodburn generally, this task will include as assessment of the opportunities presented by specific industrial and commercial sites in the Woodburn area. ECONorthwest will interview commercial real estate brokers and developers in Portland and the Willamette Valley to help identify potential opportunities for properties in Woodburn and in the Valley's real estate market. It is ECO's understanding, based on conversations with City staff, that broad community consensus exists on these economic objectives. To the extent that the City Council has clearly articulated community Page 6 ECONorthwest October 2000 Scope of Work: Woodburn Opportunity Economic Analysis ." ATTACIi)tENT -3 Page -L- of I :L III economic goals, the project team can focus on more strategies to achieve them, and less on the consideration of alternatives. TASK 2.4: POTENTIAL TARGET INDUSTRIES ECONorthwest will identify target industries that fit Woodburn's comparative advantages and that are likely to meet the City's economic development objectives. ECO will begin by identifying potential target industries that fit Woodburn's economic development objectives. ECO will then describe the Iocational needs of firms in these industries and compare this to conditions in Woodburn and to specific development sites in the Woodburn area. ECO will identify potential actions Woodburn could take to attract frrms in target industries, including adoption of specific policies, investments in public facilities or services, and changes to plans, codes and maps. This information will be presented in a workshop in Task 5. Target industries will be identified through: · Review of employment forecasts for western Oregon to show which industries are expected to have the most employment growth. Firms in these industries will be expanding or locating in western Oregon and may be attracted to Woodburn. · Analysis of local employment in the Woodburn area to identify industries that are under-represented in the local economy relative to Portland and other Willamette Valley communities. Firms in these industries are already present in western Oregon and Woodburn may be able to attract a share of this employment, whether or not these industries are expected to grow regionally. · National data on new plant and facility locations and expansions by industry, with national and Pacific Coast share. Industries developing new locations or expanding in the Pacific Coast region may be attracted by the comparative advantages and economic development strategy in Woodburn. · Interviews with economic development specialists and private industry representatives. · Community goals and objectives as articulated by the City Council. TASK 2.5: SITE AND INFRASTRUCTURE CHARACTERISTICS DESIRED BY TARGETED FIRMS AND AVAILABILITY OF SUITABLE SITES Once targeted frrms are identified based on Woodburn's comparative advantages and policy objectives, it is critical to determine the types of sites and infrastructure that such frrms (or firm clusters) require. ECONorthwest will identify the site and infrastructure requirements for frrms in target industries based on contacts with trade association representatives, commercial real estate brokers, and specific firms in these industries, as well as review of trade literature. ECO will also look Scope of Work: Woodburn Opportunity Economic Analysis ECONorthwest October 2000 Page 7 ". ATTACIiMENT 3 Page.JL. of I ::2 III at existing frrms in the planning area to identify the types of sites that may be needed for expansion. The assessment of site and infrastructure requirements will include: . Size, slope, and physical characteristics of site. . Local and regional transportation access. . Level and quality of water, drainage, and sewer service. . Electric, natural gas, and telecommunication services. . Access to labor, business services, suppliers, customers, and competitors. ECONorthwest will work with City staff, the existing buildable lands inventory, and other land use data to evaluate potential, buildable sites against these criteria. One of the critical issues facing Woodburn is Interstate 5 access. In all likelihood, access to 1-5 will be an important Iocational consideration for targeted frrms. The Consultant team will work closely with ODOT, Marion County, and the City to determine the feasibility of improvements to the existing interchange or of a second Woodburn interchange. Included will be an evaluation of fmancing mechanisms, both public an private. TASK 2.6: POTENTIAL ECONOMIC DEVELOPMENT STRATEGIES The consultant team will identify specific City actions that could help sites in Woodburn better meet the needs of target industries, including economic development policies, code amendments, investments in public facilities and services, or comprehensive plan changes. These actions will be identified by comparing the needs of target industries to conditions in Woodburn in general and at specific sites in Woodburn, as well as information gathered in interviews with industry professionals and the review of literature. This evaluation will include a specific analysis of the ability of downtown Woodburn to attract targeted frrms or incubator industries. TASK 2.7: ECONOMIC OPPORTUNITIES ANALYSIS The draft EOA will include all of the requirements of OAR Chapter 660, Division 9 and a list of general policy directions the City may take consistent with that rule. The Economic Opportunities Analysis must include: 1. Review of National and State and Local Trends. The economic opportunities analysis must identify the major categories of industrial and commercial uses that could reasonably be expected to . locate or expand in the planning area based on available information about national, state and local trends. 2. Site Requirements. The economic opportunities analysis must identify the types of sites that are likely to be needed by industrial and Page 8 Scope of Work: Woodburn Opportunity Economic Analysis ECONorthwest October 2000 'If ATTACtflAENT 3 Page..::;- of / ~ 111 commercial uses which might expand or locate in the planning area. Types of sites must be identified based on the site requirements of expected uses. Local governments should survey existing firms in the planning area to identify the types of sites which may be needed for expansion. Industrial and commercial uses with compatible site requirements should be grouped together into common site categories to simplify identification of site needs and subsequent planning; 3. Inventory of Industrial and Commercial Lands. Comprehensive plans for all areas within urban growth boundaries must include an inventory of vacant and significantly underuti1ized lands within the planning area which are designated for industrial or commercial use. The inventory must consider site and service constraints. 4. Assessment of Community Economic Development Potential. The economic opportunities analysis must estimate the types and amounts of industrial and commercial development likely to occur in the planning area. The estimate is based on information generated in steps (1) through (3) of the Economic Opportunities Analysis and must consider the planning area's economic advantages and disadvantages of attracting new or expanded development in general as well as particular types of industrial and commercial uses. Schedule: Weeks 5 to 15 Products: Economic Opportunities Analysis Meetings: 1 meeting with staff and state agencies Cost: $27,000 TASK 3: ECONOMIC DEVELOPMENT STRATEGY The Economic Development Strategy will be a document with two principal sections: (1) the City's vision for future economic development: what it wants to achieve, given the constraints and opportunities described in the Economic Opportunities Analysis, and (2) a guide for implementation: what actions the City should take, in what order, to increase the likelihood that it will achieve that vision. TASK 3.1: ECONOMIC VISION The economic opportunities analysis will serve as the basis for developing a vision (or framework, or strategy) for future public policy and investment decisions. That vision will spell out the broad implications of the Economic Opportunities Analysis for comprehensive planning, zoning and public facilities investment. The text description of this vision will be capable of being incorporated into the City's comprehensive plan to satisfy OAR 660-009- 0020, which requires communities to adopt industrial and commercial development policies. Specifically, comprehensive plans must: 1. Include policies stating the economic development objectives for the planning area. Scope of Work: Woodburn Opportunity Economic Analysis ECONorthwest October 2000 Page 9 'IT ATTACHMENT -3 Page..11L. of 1:2 I III . 2. Base policies (in communities of 2,500 persons or more) on the analysis prepared in response to OAR 660-009-0015, and provide conclusions about: (a) Community Development Objectives. The plan shall state the overall objectives for economic development in the planning area and identify categories or particular types of industrial and commercial uses desired by the community. Plans may include policies to maintain existing categories, types or levels of industrial and commercial uses; (b) Commitment to Provide Adequate Sites and Facilities. Consistent with policies adopted to meet subsection (a), the plan must include policies committing the City to designate an adequate number of sites of suitable sizes, types and locations and ensure necessary public facilities through the public facilities plan for the planning area. The plan vision will be simple and readable, making clear to the Planning Commission, City Council, interested citizens and state agencies where the City of Woodburn wants to head with economic development. That vision will serve as the basis for an implementation strategy that might include specific plan and code amendments, and a public investment strategy. It will be written so that it can be made a part of the Woodburn Comprehensive Plan. The vision will generally describe: . The City Council's economic development objectives; . The desired characteristics of Woodburn's economy in the Year 2020 and what it will take to get there; . The types offrrms that Woodburn wants to keep and attract to realize this economic future and the quantity and quality of sites that must be made available for targeted firms. This information will be presented to the public and decisionmakers at the workshop in a way that is easily understood and facilitates decision-making. The consultant team will work with City staff to make necessary revisions to the vision. That vision will include a list of target industries. TASK 3.2: IMPLEMENTATION PLAN The City will need to take actions to achieve the vision described in Task 3.1.Those actions may include a strategy for public investment in facilities or infrastructure, and changes to the City's comprehensive plan elements. Actions to attract frrms in target industries could include changes to the City's Comprehensive Plan and elements of that plan including the Housing Needs Analysis, Public Facilities Plan, Transportation Systems Plan, and Development Code. The consultant team will examine each potential change to these plans to assess their consistency with State land use planning laws and planning practices, Page 10 ECONorthwest October 2000 Scope of Work: Woodburn Opportunity Economic Analysis .... ATTACHMENT -3 Page -L.L of I :L. and work with City staff to coordinate these changes with State law and other adopted plans. City staff is responsible for all public facilities engineering and cost estimates,. This analysis in this section will: . Determine infrastructure costs necessary to make suitable sites ready for development, (City task) . Identify potential public and private funding sources, (Joint city / consultant task) . Assess public infrastructure investment relative to particular industries and sites, . Assess public investment in social and cultural amenities relative to particular industries, . Set priorities for public investment, . Consider opportunities for public and private cooperation (including joint local and state programs). The result of this task will be a list of steps the City will need to take to achieve it economic vision and to maintain and attract targeted industries to Woodburn. Schedule: Weeks 16 to 22 Products: Economic Development Strategy: Vision and Implementation Meetings: 1 meeting with staff and state agencies Cost: $22,000 TASK 4: PRESENT FINAL RECOMMENDATIONS The consultant team will present the implementation plan to City staff, decisionmakers, and interested citizens in a public workshop. This workshop will build on materials prepared for the frrst public workshop to summarize the results of the project and present the recommended plan changes and investment strategy. This information will be presented to the public and decisionmakers at the workshop in a way that is easily understood and facilitates decision-making, including presentations with slides, handouts, and large display panels. Schedule: Week 23 Products: Final Economic Opportunities Analysis and Economic Development Strategy Meetings: 1 with staff, 1 Public Workshop Cost: $6,000 SCHEDULE The project is estimated to take 23 weeks from the time that the consultant receives authorization to proceed. Scope of Work: Woodburn Opportunity Economic Analysis ECONorthwest October 2000 Page 11 11 III ATTACHMENT 3 Page..../.d!,.. of I:J... III BUDGET AND PAYMENTS The total budget is $60,000. Payments shall be made as follows: Deliverables Payment Task 1: Outlines for Economic Opportunity Analysis $ 7,000 and Economic Development Strategy Task 2: Progress report mid-way through Task $12,000 Task 2: Draft Economic Opportunity Analysis $15,000 Task 3: Progress report mid-way through Task $ 8,000 Task 3: Draft Economic Development Strategy $12,000 Task 4: Final documents and presentation $ 6,000 Page 12 ECONorthwest October 2000 Scope of Work: Woodburn Opportunity Economic Analysis ,~ r "'" 14A CITY OF WOODBURN Community Development MEMORANDUM 270 Momgomery Street Woodburn, Oregon 97071 (503) 982-5246 Date: November 13, 2000 From: Honorable Mayor and City Council thru City Administrator Jim Mulder, Director of Community Development t' Planning Commission's Action on Subdivision 00-02 and Variance 00-07, Villa Del Sol To: Subject: At their meeting of November 9, 2000, the Planning Commission adopted a final order approving the preliminary plat and three variances for Villa Del Sol subdivision to subdivide a 0.91 acre parcel into six single family residential lots located at 1238 Park Avenue. This decision is final unless the City Council calls this decision up for review. Applicant: Roberto Franco & Barbara Morely Farmworker Housing Development Corp. 160 W. Cleveland Street Woodburn, OR 97071 Property Owner: Farmworker Housing Development Corp. 160 W. Cleveland Street Woodburn, OR 97071 NATURE OF THE APPLICATION: The applicant is proposing to subdivide a 0.91-acre parcel into six (6) residential single-family lots. The proposal includes three (3) variance requests to the City's subdivision standards. The variances include the following: 1) to allow six (6) lots to access off of a private drive when a maximum of (4) are permitted; 2) to allow the private drive to exceed the maximum 150-foot depth requirement by 65 feet; and 3) to allow four (4) of the lots to access off of a private drive when required to access off of a public street. The homes to be constructed on the property would be purchased by residential families who qualify under the applicant's Homebuyer Education Program. The homes are to be constructed with an attractive exterior design. The project is intended to assist moderate-income, permanent farmworker residents in purchasing their own homes. The project would further result in a mix of housing types in Woodburn and would serve as residential infill development. 1 11 14A RELEVANT FACTS: The subject property is located on the east side of Park Avenue in between Hardcastle Avenue and James Street. It is addressed at 1238 Park Ave, further described on Marion County Assessor Maps as Township 5 South, Range 1 West, Section BCD Tax Lot 3100. The site is virtually flat, ranging in elevation by less than one (1) foot. The property consists of existing trees and vegetation, some of which are to be removed as part of this project. Adjacently located to the north is the Eastwood Villa apartment complex, and this property is zoned Multi-Family Residential (RM). The remainder of the adjacent properties are all zoned Single-Family Residential (RS) and consist of single- family residential land uses. The lots are proposed to range from 6,270 to 6,930 square feet in size and have no less than 95 feet of length and 66 feet of width. There is proposed a single private access easement 24 feet in width from Park Avenue. This easement would provide access to all six lots. The applicant has indicated that the homes to be constructed on the site would be single-story with a traditional "bungalow" architecture. 2 'll' 14B CITY OF WOODBURN Community Development MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5246 Date: November 13, 2000 From: Honorable Mayor and City Council thru City Administrator Jim Mulder, Director of Community Development ~ Planning Commission's Action on Site Plan Review 00-26, Tukwila Swimming Pool To: Subject: At their meeting of October 26, 2000, the Planning Commission accepted the Planning Director's decision granting administrative site plan review approval to construct a swimming pool for the Orchard Green and The Links at Tukwila PUDs. This decision is final unless the City Council calls this decision up for review. APPLICATION INFORMATION: Applicant: Tukwila Partners 955 Tukwila Drive Woodburn, OR 97071 Property Owner: Same as Applicant NATURE OF APPLICATION: The applicant requests administrative site plan approval to construct an outdoor swimming pool for the Tukwila PUD. The subject location is immediately to the east of the location where the Tukwila tennis courts were approved, and to the south of the OGA golf course clubhouse. As noted in the applicant's statement, this site plan is being proposed based on the conditions of approval in the City's approval of Minor Partition 97-12 on December 15, 1997 for the subject site. RELEVANT FACTS: The subject property is located along Hazelnut Drive adjacently to the south of the OGA clubhouse for the Tukwila Golf Course. It can be identified on Marion County Assessor Maps as Township 5 South, Range 1 West, Section 7AB, Tax Lot 3000. It is further identified as Parcell of Partition Plat 2000-37. The site is zoned Single-Family Residential and has a PUD Overlay. The portion of the property to be utilized for the swimming pool is approximately 17,850 square feet in area and is to be on the east part of Parcel I. The property is vacant at this time and consists of no significant vegetation. To the east is the Renaissance at 1 1r 14B Tukwila subdivision which is currently under construction, and to the south are existing single-family homes. The proposed swimming pool is to be 500 square feet in size. In addition to the pool, the applicant is proposing an equipmenUrestroom structure, the interior of which is approximately 340 square feet in size. There is also a gazebo proposed on the north side of the pool. 2 'II r~- OPENING STATEMENT FOR LAND USE HEARINGS REQUIRED BY ORS CHAPTER 197 This is the time set for public hearing in Planned Unit Development #00-02 The nature of the application is to consider a modification to Planned Unit Development 97-03, known as "Boones Crossing", to modifY Condition of Approval "D-1 " to allow the alternative of a sanitary sewer lift station to serve the proposed development in lieu of requiring only a deep gravity sanitary sewer. The applicant is Polygon Northwest. 1. The law requires the City to list all substantive criteria relevant to each hearing. The applicable substantive criteria is listed in the notice of public hearing and is as follows: A. Woodburn Comprehensive Plan B. Woodburn Zoning Ordinance: Chapter 21 Planned Unit Development The full text of all listed criteria is printed in the staff report which has been distributed prior to this hearing and is also available now for inspection by any interested persons. 2. All testimony and evidence must be directed toward these criteria or other criteria in the plan or land use regulation which the person testifying believes apply to the decision. Please relate your testimony to the listed criteria. 3. The failure to raise an issue accompanied by statements or evidence sufficient to afford the City Council and the parties, an opportunity to respond to the issue, precludes appeal to the Land Use Board of Appeals based on that ISsue. 4. The failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Council to respond to the issue precluded an action for damages in circuit court. 5. Any participant may request, before the conclusion of the initial evidentiary hearing, an opportunity to present additional evidence or testimony. The City Council shall grant the request by either: (a) continuing the public hearing to a specific date and time at least seven days from the date of the initial evidentiary hearing, or (b) leaving the record open for at least seven days for additional written evidence or testimony. If the hearing is continued and new written evidence is submitted at the continued hearing, any person may request, prior to the conclusion of the continued hearing, that the record be left open for at least seven days to submit additional written evidence or testimony to respond to the new written evidence. If the record is left open rather Page 1 - Opening Statement for Land Use Hearings ",- than continuing the hearing, any participant may file a written request to reopen the record to respond to new evidence submitted while the record was left open and the City Council shall grant that request. The applicant is allowed at least seven days after the record is closed to all other parties, to submit final written arguments, but not new evidence, in support of the application. 6. If additional documents or evidence are provided by any party, the City Council may allow any party to the hearing a continuance of the hearing, or leave the record open, to allow the party a reasonable opportunity to respond. 7. Everyone addressing the City Council is requested to come forward, use the microphone, and begin by giving your full name and address. We wish to hear from everyone who is interested in the proposal. (For those of you who wish to testifY, please be sure to fill out the "Hearing Testimony Sign-Up Sheet II located on the table in the hallway). We will now proceed with the staffreport. Page 2 - Opening Statement for Land Use Hearings - Memo From the Office of the City Attorney RE: MAYOR AND CITY COUNCIL CITY ADMINISTRATOR N. ROBERT SHIELDS, CITY A TTORNEY tllv~ BALLOT MEASURE 7 TO: FROM: DATE: NOVEMBER 13, 2000 As you are aware, Ballot Measure 7 was passed by Oregon voters at the November 7, 2000 general election. On a fundamental level this measure changes the legal defmition of a governmental "taking." Under the prior law, a "taking" did not occur until the property owner was deprived of all economically viable use of the property. In contrast, Measure 7 states that when a government "passes or enforces a regulation that restricts the use of private real property, and the restriction has the effect of reducing the value of a property upon which the restriction is imposed; the property owner shall be paid just compensation equal to the reduction in the fair market value of the property." So far, the reaction to Measure 7 by government attorneys seems to vary tremendously. There is a consensus, however, that the measure is not well drafted and will expose governments to substantially increased legal liability. I am aware that some local governments (i.e., Beaverton, Lake Oswego and Pendleton) are in the process of drafting ordinances to implement the measure. Other jurisdictions have taken the initial position that implementing ordinances are not desirable. I will continue to follow this issue on a statewide basis and will issue a formal legal opinion when I have obtained the necessary information. I have attached for your perusal some basic materials on Ballot Measure 7. NRS/kv attachments // / 11 1000 Friends of Oregon: Measure 7 Page 10f7 1000 FRIENDS OF OREGON - MEMORANDUM RE BALLOT MEASURE 7 Measul Z_Index To: John Tapogna, ECO Northwest From: Jeffrey G. Condit, Attorney at Law Re: Ballot Measure 7 Date: September 29, 2000 You asked two questions regarding the interpretation of Ballot Measure 7 which is before the voters in the November 7, 2000, general election. (The text of Measure 7 is attached.) INTRODUCTION Measure 7 would amend Article I, section 18, of the Oregon Constitution. Article I, section 18 currently provides that "[p]rivate property shall not be taken for public use * * * without just compensation * * *." Oregon Courts have found that government regulation can effect a "taking" under Article I, section 18, but only where the regulation is so restrictive that it deprives the owner of "all economically viable use." Boise Cascade Corp. v. Board of Forestry , 325 Or 185, 197-198,935 P2d 411 (1997). This holding is similar to the federal court analysis of the "takings" clause in the 5th Amendment to the United States Constitution. See Lucas v. South Carolina Coastal Council, 505 US 1003, 112 S Ct 2886, 120 L Ed 798 (1992). Under current law: Inconvenience, reduction in profits or depreciation in the value of property that occurs as a result of a legitimate exercise of the state's police power is damnum absque injuria and not a compensable taking. Schoonover v. Klamath County, 105 Or App 611, 615, 806 P2d 156, rev. denied 311 Or 432 (1991). Measure 7 would substantially change this body of law by requiring payment to a property owner when a government restriction on use of property reduces the fair market value by any amount. METHOD OF ANALYSIS The intended meaning of a constitutional provision is determined by applying the same interpretive methodology that is required for ascertaining the intended meaning of statutes. Ecumenical Ministries v. Oregon State Lottery Comm ., 318 Or 551, 559-560, 871 P2d 106 (1994); PGE v. Bureau of Labor and Industries, 317 Or 606,610-12,859 P2d 1143 (1993); Roseburg School Dist. v. City of Roseburg ,316 Or 374,318-79,851 P2d 595 (1993). That methodology requires examination of the text and context of the statute and, if necessary, the legislative http://www.friends.org/condanls.html 11/13/2000 'l1' 1000 Friends of Oregon: Measure 7 Page 2 of7 history and applicable canons of construction. PGE , 317 Or at 610-12. The history of a measure enacted by the voters includes the ballot title and other materials contained in the voters' pamphlet. State v. Allison , 143 Or App. 241, 251,923 P2d 1224, rev den 324 Or 487,930 P2d 852 (1996). QUESTIONS First Question Presented: Would Measure 7 apply to reductions in value caused by regulations enacted prior to the effective date of the measure and/or prior to the acquisition of property by the owner requesting compensation? Short Answer: Measure 7 is ambiguous. However, the measure can be plausibly construed to require compensation for the impact of regulations adopted prior to the effective date of Measure 7 and prior to the acquisition of the property by the owner requesting compensation. Discussion: The first half of the retroactivity question - whether Measure 7 would apply to regulations that pre-date the Measure - is the easiest to answer. Section (a) states: If the state, a political subdivision of the state, or a local government passes or enforces a regulation that restricts the use of private real property, and the restriction has the effect of reducing the value of a property upon which the restriction is imposed; the property owner shall be paid just compensation equal to the reduction in fair market value of the property. (Emphasis added). The addition of "or enforces" as one of the two triggers for compensation is clearly intended to include regulations adopted in the past but enforced in the future. If the Measure had been intended to apply only to prospective regulations, "passes" would have been sufficient. Although new laws are generally applied prospectively, a new law will be applied retrospectively if such intent is clearly stated. State v. Lanig , 154 Or App 665, 670, 963 P2d 58 (1998). The text of the measure therefore answers the first part of the question. The second question is more problematic because of the difficult wording of Section (d): Compensation shall be due the property owner if the regulation was adopted, fIrst enforced or applied after the current owner of the property became the owner, and continues to apply to the property 90 days after the owner applies for compensation under this section. The fIrst part of the sentence is susceptible to three different interpretations. It could be read as "[c]ompensation shall be due the property owner if the regulation was adopted or first enforced or applied after the current owner of the property became the owner." This makes some sense because, when referencing the implementation oflaw, "enforced" and "applied" are essentially two different ways of saying the same thing. This reading, however, requires changing the http://www.friends.orglcondanls.html 11/13/2000 'If 1000 Friends of Oregon: Measure 7 Page 3 of7 punctuation and adding a conjunction. The second possible construction is "[c]ompensation shall be due the property owner if the regulation was adopted, first enforced, or first applied after the current owner of the property became the owner." This clarifies that the drafters intended to list a series of three alternatives. This reading, however, requires adding a second "first" and amplifies the redundancy of "enforced" and "applied." The third possible construction is most grammatically compelling because it does the least violence to the sentence: "Compensation shall be due the property owner if the regulation was adopted, first enforced, or applied after the current owner of the property became the owner." This reading clarifies that the drafters intended a series of three separate factors; "adopted," "first enforced," and "applied." It also creates a distinction between "enforced" and "applied" that would explain the addition of the second of those terms. Although this reading adds a comma for clarity, it does not change the sentence grammatically because it is equally correct to add or leave out the second comma when listing a series of three items. It is also consistent with the interpretative rule that courts should rely on the text of a law and not "insert what has been omitted" or "omit what has been inserted" (see ORS 174.010), and is consistent with the rule that the drafters would not have included different terms unless they intended different meanings. Emerald PUD v. PP & L , 79 Or App 583,593, 711 P2d 179 (1985), affd 302 Or 256, 721 P2d 552 (1996). For these reasons, I conclude that this is the strongest of the three alternative constructions and apply it to the requirement for compensation in the measure: Regulations "adopted * * * after the current owner of the property became the owner" clearly covers regulations enacted after the owner bought the property. Regulations "first enforced * * * after the current owner of the property became the owner" is less clear, but appears to cover laws enacted prior to the acquisition of the property that first become enforceable or are enforced for the first time after acquisition. Such a reading would recognize that enactments of most local governments become effective 30 (most cities and counties) to 90 (Metro) days after enactment. That the drafters understood this delay in effective dates is indicated by the second part of Section (d), which gives a government body a 90- day grace period to repeal an offending measure before it becomes liable for compensation. Regulations "applied * * * after the current owner of the property became the owner" is the most problematic. It could be read to apply to regulations that become applicable after an owner buys the property. Such a reading, however, would make the term functionally redundant to "first enforced," presumably not the intent of the drafters. In addition, it would have been very easy for the drafters to use "becomes applicable" instead of "is * * * applied" if that is what they had meant. A better reading is that this term is intended to cover existing regulations that are applied in a way that reduces value after acquisition of the property. For example, the mere existence of a wetlands protection ordinance (one of the specific regulations called out in the measure as potentially reducing value) may http://www.friends.orglcondanls.html 11/13/2000 1r 1000 Friends of Oregon: Measure 7 Page 4 of7 not impact the value of a particular property until a property owner applies to develop the property and is required by the applicable criteria to leave 40 percent undeveloped. Such a reading properly gives effect to all three terms. State v. Adams , 315 Or 359,365,847 P2d 397 (1993). Measure 7 would cover diminution in value caused by regulations that are (1) enacted after a property owner buys a property, (2) enacted prior to but which first become effective after a property owner buys a property, and (3) in effect at the time that a property owner buys a property but which are applied thereafter in a manner that reduces value. Such a reading would also be contextually consistent with subsection (a), which is the first statement of the new constitutional right and does not limit the term "enforces" with a time restriction. Because the second part of Section (d) does not require the owner to file the application for compensation within any particular time period after a regulation that reduces value is applied, as long as the owner is the "current owner," he or she can apply for compensation for an application ofa regulation that reduced value at any time during his or her ownership. This reading is not free from doubt. Measure 7 is not a model of legislative draftsmanship. The authors do not use terms consistently (for example, regulations are variously "passed," "enacted," "adopted," or "imposed"); dependant clauses join separate thoughts; and periods are employed with alarming infrequency. If a reviewing court concludes that text and context do not answer the interpretative question and proceeds to legislative history - in this case, the ballot title and the voters pamphlet - further confusion ensues. The summary of the measure in the ballot title states that it "[a]pplies if regulation adopted after owner acquires property." This statement, without more, suggests that this is the only time the measure applies, which is directly contrary to what the measure actually says. The text and context of the measure itself would control, but if a court concludes that the text and context is ambiguous, it might rely on the ballot title to reach a more limited reading of the measure because that ballot title is the only explanation of the measure that many voters will read. (On the other hand, voters are presumed to fully read the measure and understand its legal context. See Ecumenical Ministries , 318 Or at 561-562.) The explanatory statement supports my reading above. It states: Ballot Measure 7 requires payment to a landowner if an existing or future regulation is adopted, first enforced or applied after the current owner became the owner and still applies to the property 90 days after the owner seeks payment. The drafters of the explanatory statement (which includes representatives of the chief petitioner) clearly state that the measure "requires payment to a landowner if an existing * * * regulation is * * * applied after the current owner becomes the owner * * *" in a manner that reduces value. http://www.friends.org/condanls.html 11/13/2000 ." 1000 Friends of Oregon: Measure 7 Page 5 01'7 One final caution: The legislative history of an initiated measure includes the arguments in favor and opposed in the voters pamphlet. The 2000 Voters' Pamphlet has not yet been published, and so my analysis is made without the benefit of having reviewed those arguments. For these reasons, my conclusion is that these sections of Measure 7 are ambiguous, but that the measure can be plausibly read to apply to regulations enacted prior to the effective date of the measure and to require compensation for existing regulations when applied to subsequent owners. Second Question: How is value measured to determine diminution or compensation? Short Answer: The measure is ambiguous, but it appears to envision application of the tests applicable to a condemnation action. Applying such tests, the measure of damages is likely to be the fair market value of the property if the regulation is not applied minus the fair market value of the property if the regulation is applied. Analysis: Section (e) of Measure 7 defines "reduction in fair market value" as "the difference in fair market value before and after application of the regulation * * *." This definition does not by itself provide a tremendous amount of guidance. The Supreme Court has stated "[i]n examining the text and context to determine the meaning of a constitutional provision adopted by the people by initiative or referendum, this court typically gives words of common usage their plain, natural, and ordinary meaning." Coultas v. City of Sutherlin ,318 Or 584,588-89,871 P2d 465 (1994). If, however, words used in a provision enacted by initiative or referendum have a well-defmed legal meaning, the courts will give the words that meaning in construing the provision. Cf Gaston v. Parsons ,318 Or 247,253, 864 P2d 1319 (1994) ("[W]ords in a statute that have a well-defined legal meaning are to be given that meaning in construing the statute); Ester v. City of Monmouth, 322 Or 1,9,903 P2d 344 (1995). "Fair market value" is the measure of damages for determining "just compensation" in a condemnation action under Article I, section 18, and ORS Chapter 35. See Dept. of Trans. v Lundberg, 312 Or 568,574,825 P2d 641, cert denied, 506 US 975 (1992). Given the use of the same term in a related context, a court is likely to conclude that the determination of "fair market value" in Measure 7 is intended to operate in the same manner as such a determination in a condemnation action. Further support for this reading is the Measure 7 definition of "real property," which includes structures, crops, and mineral rights. These items are also considered part of the real property and are not valued separately in a condemnation action. Highway Comm. v Empire Building , 17 Or App 616, 625-626, 523 P2d 584 (1974) (fIXtures); Pape v. Linn County, 135 Or 430,438,296 P 65 (1931) (trees and crops); Highway Commission v. Nunes, 233 Or 547,379 P2d 579 (1963) (aggregate and mineral deposits). In a condemnation context, "fair market value" is defined as the amount of money http://www.friends.org/condanls.html 11/13/2000 ",- 1000 l-nends ot Oregon: Measure 7 Page 6 of7 the property would bring if it were offered for sale by an owner who desired, but was not obliged, to sell and was purchased by a buyer who was willing, but was not obliged, to buy." Lundberg, 312 Or at 574. Property must be valued at its "highest and best use," which is the use, at time of appraisal, that is the most profitable likely use of the property. This may be other than the property's current use if it is reasonably probable that the property has actual potential for a higher and better use. Lundberg, id . The determination of highest and best use must take into account existing zoning, but can also be based on reasonably probable future zoning changes. See Unified Sewerage Agency v. Duyck, 33 Or App 375, 576 P2d 816 (1978). Applying these standards to Measure 7, it is likely that a court would conclude that the "highest and best use" would be the most valuable likely use of the property if the offending regulation were not applied. Two other condemnation concepts would likely come into play - "partial takings" and "special benefits." A partial taking occurs if only a portion of a parcel or less than fee title is condemned. This is the most analogous type of condemnation to a Measure 7 reduction in value. "Just compensation" in a partial taking is the fair market value of the portion or interest condemned, plus any reduction in the fair market value of the owner's remaining property caused by the taking. This is referred to as "severance damages." See Lundberg, Id . In a Measure 7 context, severance damages could be assessed if the effect of a regulation that impacts part of the property, such as a wetland or a stream corridor buffer zone, reduces the developability of the remainder of the property. A "special benefit" is any enhancement to the value of the remainder property as a result of the taking, which is set off against the severance damage (but not against the fair market value of the property taken). State Dept. of Trans. v. Montgomery Ward Dev ., 79 Or App 547, 564, 719 P2d 507, rev denied, 301 Or 667 (1986). In a Measure 7 context, a local government might be able to argue that the zoning restriction enhances the value of the remainder property and thereby reduces the amount of the taking. Such a benefit must be special to the particular property, however, and not something that benefits the public generally. Hutchinson v. City of Corvallis , 134 Or App 519, 523-524, 895 P2d 797, rev denied, 321 Or 512 (1995). This would limit the "special benefit" defense in a zoning context. Just compensation in a partial taking is determined by applying the "before and after" test - Le., just compensation equals the amount by which the fair market value of the entire property before the taking exceeds the fair market value after the taking. La Grande v. Rumelhart , 118 Or 166, 176, 246 P 707 (1926). Perhaps not uncoincidentally, "before and after" is the same phrase as used in Measure 7, Section (e), adding further credence to the argument that the drafters of Measure 7 intended condemnation concepts to apply. Applying the "before and after test" and the other condemnation concepts discussed above to a Measure 7 taking, the amount of compensation due the landowner would be the amount by which the fair market value of the highest and best use of the entire property not subject to the regulation exceeds the fair market value of the highest and best use of the property subject to the regulation, taking into account severance damages and special benefits. Perhaps the most vexing ambiguity in Measure 7 is determining the date of http://www.friends.orglcondanls.html 11/13/2000 'If 1000 Friends of Oregon: Measure 7 Page 7 of 7 valuation. Such a date is absolutely critical in order to obtain an appraisal and to make a valid comparison between appraisals. In a condemnation case, the date of valuation is the date on which the condemnation action is filed or the date on which the government enters onto and appropriates the property, whichever occurs first. State Highway Com. v Stumbo , 222 Or 62, 75-77, 352 P2d 478 (1960); State ex rei Dept. of Trans. v Glenn, 288 Or 17,23,602 P2d 253 (1979). Applying this analysis, it would seem that there are five possible dates of valuation under Measure 7: The date the offending regulation is "adopted," the date it is "first enforced," the date it is "applied," the date the owner applies for compensation, or the date 90 days after the owner's application for compensation if the regulation is still in effect. I believe that the best argument can be made for the date of application for compensation because this is the date upon which the right to compensation accrues and because this date also begins a 90-day "cure" period during which the government is given a last chance to avoid liability by repealing the offending regulation. The government does not fully "appropriate" the property value under the measure unless it fails to repeal. Applying Stumbo , it would seem the earlier date of application would therefore be the date of valuation, although there is almost an equally good argument for the first day on which the regulation affects the value of the property, whether that is when it is "adopted," "enforced," or "applied." If Measure 7 passes, implementing legislation may be necessary. If you have any further questions, please do not hesitate to call. Back to Too 1000 Friends of Oregon 534 SW Third Avenue, Suite 300 Portland, OR 97204 (503) 497-1000 fax: (503)223-0073 info(ii)friends.org http://www.friends.org/condanls.html 11/13/2000 'If Daily Journal of Commerce DJC Dal!y Journal of Commerce Design & Construction Home Building Real Estate Finance Law Trade & Transportation Editorial Pacesetters Calendar Contact Us .,' 'II' ~~i ~---~. :J ~ ~.; . ! -~ ~--" ~.~ "., - ~ ~ " {" I. .,~ - = '.i'~ " I - - ..=..----=- . --&..r: r - -- - - 'a : - . ~ __ __ . ,'~" l~ =: .~ ~ _ ..-__~ ;';",:a ~. "~:" :-":::=:: . ::~-~ ~....( ~'l&. - .fl ...., -- ~- ~ . ~ 1- , .,,:' ~.- Monday, November 13,2000 · Portland, Oregon. USA Opponents fear Measure 7 will threaten livability Published 11/13/2000 The Associated Press PORTLAND - On the surface, Measure 7 looks simple and fair: pay landowners for any losses in the value of their property caused by state or local regulations. But critics ranging from the governor to 1000 Friends of Oregon warn that many of the pillars of life in Oregon are now in doubt: Public access to beaches, restrictions on logging, saving salmon, controlling urban sprawl, protection of farm and forest land and even local zoning. "It does not overturn our land use laws or our environmental laws," said Gov. John Kitzhaber. "But it raises serious questions about the extent to which we can enforce them." The hammer is whether any government agency will be able to afford to pay the $4.5 billion the state estimated it will cost to compensate landowners for as many as 90 different kinds of regulations, ranging from the Oregon Beach Bill to restrictions on cell phone towers. "There's not enough money in the state to pay every landowner to obey the laws preventing them from damaging their neighbors," said Randy Tucker of 1000 Friends of Oregon, a land use watchdog group. Already, opponents are plotting strategy to repeal or at least modify the measure, whether through court challenge, the Legislature or a new initiative to overturn it. "To paraphrase the first part of Winston Churchill's famous call to arms, 'We will fight them on the beaches,'" said Phillip Johnson of the Oregon Shores Conservation Coalition. "Exactly how that will go, I don't know." http://www.djc-or.com/Editorial/index.cfm?qstoryJd=2488&rcatJd=4 'II Page 1 of3 Plan Centel 173 Plans. DJC 1\1 Searcl Issues rOming 11/13/2000 Daily Journal of Commerce Page 2 of3 To overcome some of the doubt, Kitzhaber asked the attorney general for a legal opinion to determine where the state stands. Supporters of the measure argue that Kitzhaber and other critics are just a bunch of Chicken Littles running around saying, "The sky is falling." Though landowners get compensation when they lose all of their property to a government taking, such as a road or a park, there is no money for a partial taking caused by something like regulations prohibiting logging along a creek or converting farmland to house lots, said Larry George, executive president of Oregonians in Action, the primary supporters of Measure 7. Supporters of Measure 7 were able to get a compensation bill through the Legislature in 1994, but Kitzhaber vetoed it and subsequent efforts to work with him on an alternative were turned down, George said. "What else are we supposed to do but go to the ballot with it?" said George. "The governor. . . had six years of opportunity to try to come up with a plan that works. Now, rather than sit down and try to make sure the ballot measure works, he's trying to undo the will of the people." George said early meetings over the ballot title made it clear Measure 7 would not apply to beach access, which was affirmed by the state Supreme Court as a right predating private property in Oregon. He added that it would only apply to the state Forest Practices Act when regulation goes beyond the protection of public safety, health and water quality. Measure 7 would not apply to local zoning regulations in effect when the land is bought. George said that back in 1973 when Oregon's primary land use law was enacted, there was an intention to provide compensation, but it fell by the wayside. "We view this as part of the original commitment to land use planning in this state," he said. Opponents counter that the language in Measure 7 is too vague, and a court may well rule that it is much more far-reaching than supporters envision. One big fight will be over urban growth boundaries, which control housing density and services such as sewers and water, said http://www.djc-or.com/Editorial/index.cfm?qstory _ id=2488&rcatJd=4 11/13/2000 11 Daily Journal of Commerce Page 3 of3 Jeffrey Lamb of Oregon Communities for a Voice in Annexation. Anyone with property outside an urban growth boundary could argue they suffered a loss for lack of municipal services. The trouble is that something so complex and far-reaching went on a ballot already heavily laden with 25 other measures and a tight presidential race, said opponents. Oregon has been a national leader with laws requiring preservation of farm and forest land, limiting urban sprawl, and keeping beaches open to the public, but Measure 7 hit the ballot at a time when Oregon was going through a tight presidential race and had to vote on 25 other measures ranging from gay rights to a tax cut. "This definitely slipped in under the radar," said Tucker. "Many people didn't believe it possible Oregonians would pass something that basically repeals land use planning." Reprinted with permission from the Associated Press. Back to Front Page Back to Law http://www.djc-or.com/EditoriaVindex.cfrn?qstory _ id=2488&rcat_ id=4 11/13/2000 '" FOR IMMEDIATE RELEASE, September 17, 1999 Page 1 of2 , . t ~ 'ii!' , '-'.~ I .. .. '" ~ l ' ,~ I FOR IMMEDIATE RELEASE November 9,2000 Director, Dick Benner at 503-373- 0050 x 222, or Communications and Public Affairs Program: 503-373-0050 x 266 LCDC to Hold Special Meeting to Discuss the Effects of Measure 7 On Rulemaking The Land Conservation and Development Commission will hold a telephone conference call meeting on Monday, November 13, at 4 PM to consider whether to postpone certain rulemaking pending before the commission in light of passage of Ballot Measure 7. The meeting is open to the public at two locations: --Second floor conference room at offices of the Department of Land Conservation and Development (DLCD), 635 Capitol Street, N.E., Suite 150, Salem, and --The Portland office of the Department of Land Conservation and Dev. 800 NE Oregon Street (suite number 910 * 9th floor). The Department has received and will continue to receive calls asking about the effects of Measure 7 from local governments, landowners and others. There are many ambiguities in the measure and questions will emerge as we begin to understand the measure's effects. There are, however, some points we can make with confidence. Existing local ordinances and state laws remain in effect; Measure 7 http://www.lcd.state.or.us/newshtml/novnr.html 11/13/2000 'II' FOR IMMEDIATE RELEASE, September 17, 1999 Page 2 01'2 does not repeal them. The circumstances under which a property owner is entitled to compensation under the measure are not entirely clear. Nonetheless, it is clear that many property owners will be entitled to compensation if local ordinances and state laws are enforced. Hence, Measure 7 poses grave threats to city and county zoning ordinances, environmental regulations and land use laws and the resources and interests the laws were intended to protect. The department will seek advice from the Oregon Attorney General's Office on the effects of the measure on land use laws and the land use program. As we learn more about the measure's effects, we will be better able to inform cities, counties and the general public about those effects. In the meantime, the agency will continue its work under the laws of the state of Oregon. For more information about the statewide land use planning program in Oregon, consult our web site at www.lcd.state.or.us. #### Dean Cecil Bahr Department of Land Conservation and Development 635 Capitol S1. NE Ste. 150 503-373-0050 ext. 268 http://www.lcd.state.or.us http://www.lcd.state.or.us/newshtml/novnr.html 11/13/2000 "" 1000 Friends of Oregon: Measure 7 1000 FRIENDS Of OREGON - Page 1 of3 rMI~l & foresl!,1!1d (OJsIJI & t';;ltural f:{'sourccs Urb3n Development & Desi~n lrJl1spotlalion Citizen Involvement Affordable Housing . . . . . . . . .. ...... ~ . - Fiscal Impacts of Ballot Measure 7 on State and Local Governments ""_easy. 7 Index Purpose Ballot Measure 7 would require state and local governments to pay landowners when a state or local law or regulation has the effect of reducing property value. This study seeks to inform the electorate by providing objective answers to the following questions: . What types of regulations, rules, and goals would be covered under Measure 7? . Were Measure 7 to become law, what would be the impact on state and local government budgets of a subset of these regulatory policies? Time and data constraints permit an analysis of only a small subset of the rules and regulations that could trigger demands for payment under Measure 7. Moreover, we estimate those impacts for only a limited number of jurisdictions. Consequently, our work serves to illustrate costs for a few isolated cases and does not attempt to provide a comprehensive assessment of the measure's fiscal impact. Findings We identify 90 state and local government actions we believe could trigger payment under Measure 7; comprehensive land-use plans, zoning ordinances, and subdivision ordinances are the most obvious. However, the impact would extend beyond traditional land-use restrictions because the initiative specifically defines property to include structures, minerals, forest products, and other crops. Consequently, building codes, safety regulations, and a variety of environmental regulations are also covered by the measure. Table 1: Estimated Claims for Selected Regulations and Jurisdictions Estimated Claims Estimated Claims Assuming Partial Assuming Full Retroactivity Retroactivity IRecent Municipal Zoning1 I Isouthwest Portland Neighborhood Plan JI $8,296,37611 $8,296,3761 [North Salem Downtown Plan JI $2,700,108[ ...-. $2,700,1081 jsalem Cell Tower Restrictions :1 $9,910,6781[ $9,910,6781 Public Beach Access and Coastal Conservation L $15,634,08011 $78,170,4001 loregon Forest Practices Act II $916,700,00011 not estlmatedl http://www.friends.orglm1b.html 11/13/2000 "" 1000 Friends of Oregon: Measure 7 Page 2 of 3 - -- ~Urban Growth Boundaries (lost urbanization) Eugene-Springfield Bend 'I ---Ir-- ~j $3,493,077,379il - $2,1;~,13Q~;~~L $1,5~7,8-8~,S~711- $535,084,821 $i~~~~~5~,~~~ ;~:;~~,~';-1-,-~9~~ - -~.~~_-c='=-_==c~1 $3,135,769,093J $1,070,169,642; Portland I . Salem-Albany-Corvallis ,=-------------- 'Recent Restrictions on Rural Land Divisions1 ,Subdivision 1 $56,737,500' $56,737,5001 1 These regulations were recently enacted, so retroactivity has no effect. Source: ECONorthwest In our evaluation of fiscal impacts, we have evaluated five types of regulations: 1. Municipal zoning: Any change to a property's zoning is likely to impact the value of the property, if even by a small amount. We reviewed recent and pending zoning changes in Portland and Salem and found three examples of recent zoning changes that could generate Measure 7 claims. 2. Public-beach access and coastal conservation: We have assumed that payment would be required to maintain the public access mandated by the Beach Bill. To some extent, even if that proves not to be required, the fiscal analysis would have some application to lands not affected by the Beach Bill but subject to Goal 18. 3. Oregon's Forest Practices Act. According to the Oregon Department of Forestry, application of this law translates into a 6% loss in timber volume for Western Oregon and 2% loss in Eastern Oregon, which could be compensated under Measure 7. 4. Urban-growth boundaries: Growth boundaries bolster property values for landowners inside the boundary while restricting development, and thereby suppressing property values, outside the boundary. Under Measure 7, eligible landowners outside the boundary could request payment for reductions in property value cause by their loss of development opportunities. 5. Recent restrictions on rural land divisions. Roughly 89,000 acres of land that could have previously been allowed to be subdivided into half-acre and one-acre lots can now only be subdivided into lots two acres or larger. The restriction reduces the value of the land and could trigger Measure 7 claims. Report Preparation This report was prepared by John Tapogna, Terry Moore, and Jim Ebenhoh of ECONorthwest under contract to 1000 Friends of Oregon. ECONorthwest is the Northwest's largest economics consulting firm and has a staff of 35 in offices in Portland, Eugene, and Seattle. ECO works for private- and public-sector clients throughout the United States, with an emphasis on the West and Pacific Northwest. Since 1974, ECO staff has completed more than 1,000 projects In economics, finance, planning, and policy evaluation. We provide http://www.friends.org/m1b.html 11113/2000 'II 1000 Friends of Oregon: Measure 7 resumes for Mr. Tapogna, Mr. Moore, and Mr. Ebenhoh in Appendix D. Members of Willamette University's Public Policy Research Center conducted peer review on several drafts of this report. Drs. Joseph Bowersox, Russ Beaton, and Thomas Hibbard conducted the reviews under the direction of PPRC director Dr. Laura Leete. In addition, we received valuable technical assistance from Dr. Arthur O'Sullivan of Oregon State University. However, the authors are solely responsible for the content. FUll Reportu(PJ>F) Backj;oTop 1000 Friends of Oregon 534 SW Third Avenue, Suite 300 Portland, OR 97204 (503) 497-1000 fax: (503)223-0073 info@friends.Qrg http://www.friends.orglm7b.html ~ Page 3 of3 11113/2000 NOTICE OF SPECIAL CITY COUNCIL MEETING I, Richard Jennings, the duly elected Mayor ofthe City ofW oodburn, Oregon, do hereby call a special meeting of the Woodburn City Council to be held on Tuesday, November 7, 2000 at 6:00 p.m.. at Woodburn City Hall, 270 Montgomery Street, Woodburn, Oregon. The purpose ofthis meeting is to consider approval of a request from Aerie 3284 Fraternal Order of Eagles, for a ceremonial discharge of weapons, with blank ammunition, at 371 S. Pacific Highway, Woodburn, on Veteran's Day, November 11,2000 at 10:00 a.m. Dated this ~ day of November, 2000. Richard Jennings, May City of Woodburn WOODBURN CITY COUNCIL AGENDA Special Meeting - November 7, 2000 -6:00 p.m. Woodburn City Hall, 270 Montgomery Street 1. CALL TO ORDER 2. ROLL CALL 3. BUSINESS: A. To consider approval of a request from Aerie 3284 Fraternal Order of Eagles, for a ceremonial discharge of weapons, with blank ammunition, at 371 S. Pacific Highway, Woodburn, on Veteran's Day, November 11, 2000 at 10:00 a.m. 4. ADJOURNMENT 'If City of Woodburn Police Department STAFF REPORT 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-2345 To: Mayor and City Council Date: November 2, 2000 From: Paul Null, Chief of Po Ii Through: John Brown, City Administrator Subject: Request to Discharge Weapon - Fraternal Order of Eagles ORD. 1900 Sec. 5 (3) The City Council may, after an investigation and recommendation by the Chief of Police, approve ceremonial discharges of a firearm or firearms. Ceremonial discharges of a firearm or firearms are permitted at funerals conducted at cemeteries within the city when the services are arranged through a state licensed funeral home, the Police Chief is notified and blank ammunition is used. Recommendation: The City Council approve a ceremonial discharge of weapons, with blank ammunition, to Aerie 3284 Fraternal Order of Eagles, 371 S. Pacific Hwy, Woodburn, on November 11, 2000, at 10:00 a.m. The police department received a request from Marilyn Schulte, Order of Eagles Manager, to allow for the discharge of weapons at a Veterans Day ceremony. The ceremony is being held at the Fraternal Order of Eagles, 371 S. Pacific Hwy, Woodburn, on Saturday, November 11, 2000 at 10:00 a.m., to dedicate a flag and give honor to our veterans. The ceremony will include a 21 gun salute by the Canby American Legion Color Guard. 'IT Aerie 3284 Fraternal Order of Eagles 371 So. Pacific Hwy. WOODBURN, OREGON 97071 (503) 981-3011 October 28, 2000 City of Woodburn City Council 270 Montgomery St Woodburn, OR 97071 Attention: MAYOR, Richard Jennings Dear Mayor Jennings: As per our recent telephone conversation, we are requesting permission for a special dedication of our new flag pole on Veterans Day, Saturday, November 11th, 2000 at 10:00 AM. The dedication will include the Color Guard AND a 21 GUN SALUTE, provided by the Canby American Legiov. in HONOR of our VETERANS, past, present and future. The Woodburn Police Chief, Paul Null, has given his permission pending approval from the City Council. Please let us know as soon as possible if our request has been approved so that we may proceed with our plans for the dedication ceremony. Thank you for your consideration. Yours truly, ~ ~~ -- Mar n sch~ Manager .s~ '11" i UU :J i !I~t 1II :J :J i ~. i ::s :J ~. I i ~[ 118 J I. ~~rnl ~I!II~ ~ ~1J. i II Ilil JlfflIlI -o"c:: (3l1>a- (,Q::SQl iil ~ ::s 3 _ giil~lli 3,gt~ ~ flll.o. 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CIl o :; C ;:0 (1) _ - 8E NP OiECl< USTING FOR THE MONTH OF NOVEMBER 2000 CHECK DEPARTMENT VENDOR NAME VENDOR DATE AMOUNT NO NO 52843 VOID VOID VOID $0.00 52844 POST MTR-VARlOUS US POSTAL SERV 020089 11/1/00 $1,200.00 52845 PETTY CASI+VARIOUS aTY OF WOODBURN 015255 11/1/00 $115.64 52846 VOID VOID VOID $0.00 52847 VOID VOID VOID $0.00 52848 VOID VOID VOID $0.00 52849 VOID VOID VOID $0.00 52850 VOID VOID VOID $0.00 52851 VOID VOID VOID $0.00 52852 SERVICES-PARKS WBN JR BASKETBALL NONE 11/3/00 $500.00 52853 RERJNlH>ARKS ADAN LOPEZ-GONZALEZ NONE 11/3/00 $145.00 52854 REFUND-WTR/SWR JAMES QARK NONE 11/3/00 $30.61 52855 RERJND-WTR/SWR GRACE ADAMS NONE 11/3/00 $27.65 52856 SERVICES-STREET RESORT AT MOUNTAIN NONE 11/3/00 $207.76 52857 RERJND-WTR/SWR JOHN MCQJLLUN NONE 11/3/00 $9.80 52858 RERJND-WTR/SWR ALLEN BABBISH NONE 11/3/00 $39.09 52859 RERJND-WTR/SWR J BEAVER NONE 11/3/00 $32.49 52860 RERJND-WTR/SWR HIlliGOSS HOMES NONE 11/3/00 $10.63 52861 RERJND-WTR/SWR CENTEX HOMES NONE 11/3/00 $82.15 52862 REFUND-WTR/SWR Me BUILDERS NONE 11/3/00 $14.90 52863 RERJND-WTR/SWR THE LUO<EY 00 NONE 11/3/00 $48.54 52864 RERJND-WTR/SWR WINDSOR PROPERTIES NONE 11/3/00 $32.18 52865 RERJND-WTR/SWR CASA DE SION NONE 11/3/00 $28.72 52866 RERJND-WTR/SWR LEONA STRAO< NONE 11/3/00 $94.54 52867 REAJND-WTR/SWR LYMAN ENGLE NONE 11/3/00 $43.57 52868 SERVICES-POUCE TIO<ET TRAO< NONE 11/3/00 $33.00 52869 SERVICES-PARKS AQUATIC EXERasE NONE 11/3/00 $85.00 52870 SERVICES-OAR JOHN MATHEWS NONE 11/3/00 $450.00 52871 SERVICES-PARKS ABBYS PIZZA 000027 11/3/00 $34.45 528n SUPPLlES-C STORES ADVANa3.D LASER 000066 11/3/00 $569.65 52873 SUPPLlES-POLICE AEROSITTOi RIDERWEAR oooon 11/3/00 $2,006.00 52874 SERVICES-ENG AEROTEK 000080 11/3/00 $185.00 52875 RBMBURSE-UBRARY ANN ALBRIGHT 000117 11/3/00 $8.00 52876 SERVICES-STREET ARAMARK UNIFORM 000534 11/3/00 $38.43 528n SERVICES-VARIOUS AT&T 000623 11/3/00 $144.n 52878 SERVICES-POUCE 8M O..EANING SERV 001030 11/3/00 $200.00 52879 SUPPLIES-POllCE BATTERY SOLUTlONS 001160 11/3/00 $220.39 52880 SUPPllES-UBRARY BIMART CDRP 001275 11/3/00 $34.88 52881 SERVICES-VARIOUS BOlDT CARLISlE SMITH 001345 11/3/00 $17,120.00 52882 REIMBURSE-llBRARY JUDY BRUNKAL 001576 11/3/00 $8.00 52883 SERVICES-POUCE CASE AUTOMOTIVE 002190 11/3/00 $3,005.38 52884 SUPPUES-STREET OOLVIN SAND 002683 11/3/00 $33.00 52885 SUPPllES-VARlOUS en CDRP 002926 11/3/00 $4,356.00 52886 SUPPlIES-FINANCE DATA OOMM WHSE 003049 11/3/00 $103.41 52887 SERVICES-STREET DE HAAS & ASSOC 003108 11/3/00 $1,162.50 52888 SERVICES<DURT DIGITAL AROiIVE SERV 003223 11/3/00 $742.02 52889 SERVICES-VARIOUS ESO-tELON TELECOM 004264 11/3/00 $228.00 Page 1 11 AlP Of EO< USTING FOR THE MONTH OF NOVEMBER 2000 I 8E 52890 SERVICES-WATER FCS GROUP 005072 11/3/00 $1,600.00 52891 REIMBURSE-FINANCE BEN GIlLESPIE 006189 11/3/00 $29.50 52892 SERVICES-STREET HIRE CALUNG 007240 11/3/00 $513.02 52893 SERVICES-STREET HUBCO EXCAVATING 007326 11/3/00 $17,192.26 52894 SUPPUES-WATER INDUSTRIAl SUPPLY 008090 11/3/00 $84.60 52895 SUPPUES-UBRARY INGRAM DIST GROUP 008116 11/3/00 $2,084.86 52896 SERVICE5-C STORES IKON OFFICE 008119 11/3/00 $442.55 52897 SERVICES-STREET TIMO KORKEAKOSKI 010298 11/3/00 $6,117.33 52898 SUPPUE5-PUB WKS L.&L BUILDING 011010 11/3/00 $13.94 52899 SERVICES-VARIOUS LAWRENCE CO 011175 11/3/00 $200.00 52900 SUPPUES-POUCE UGHTNING POWDER 011230 11/3/00 $81.65 52901 SERVICE5-COURT MSI GROUP 012015 11/3/00 $125.00 52902 SERVICES-STREET MARION CTY TREASURY 012223 11/3/00 $284.95 52903 REIMBURSE-UBRARY DONNA MELENDEZ 012420 11/3/00 $49.00 52904 SUPPUES- TRANS METROFUEUNG 012448 11/3/00 $324.64 52905 SERVICES-OAR MUFA..ERS HITOfES 012655 11/3/00 $166.51 52906 REIMBURSE-BUILD DAN NELSON 013151 11/3/00 $64.99 52907 SERVICES-WWTP NEXTELCOMM 013188 11/3/00 $459.66 52908 SERVICES-VARIOUS NW NATURAL 013350 11/3/00 $269.74 52909 SERVICES-UBRARY OLA 014027 11/3/00 $80.00 52910 SERVICES-ENG ONSITE ENVIRON 014055 11/3/00 $765.55 52911 PAYROll-VARIOUS OREGON P.E.R.S 014424 11/3/00 $99.32 52912 SERVICES-ATIY OR STATE BAR 014500 11/3/00 $85.00 52913 SERVICES-WWTP OREGONIAN PUB 014653 11/3/00 $437.35 52914 SERVICES-COURT o HECTOR PIOiAROO 015290 11/3/00 $70.00 52915 SERVICES-VARIOUS PORT GENERAL ELEe 015420 11/3/00 $8,036.18 52916 SUPPliEs-WWTP PRAXAIRDIST 015480 11/3/00 $14.45 52917 SERVICES-POUCE QWEST COMM SERV 016200 11/3/00 $320.70 52918 SUPPLlES-POUCE SAN DIEGO POUCE EQUIP 018170 11/3/00 $2,731.00 52919 SUPPlies-TRANS SKAGGS UNIFORMS 018515 11/3/00 $36.45 52920 SUPPlies-VARIOUS US OFFICE PROD 019100 11/3/00 $1,710.97 52921 RBMBURSE-POUCE WIlliAM TORRES 019185 11/3/00 $79.12 52922 SUPPUEs-STREET UNOCAL.:ERNIE GRAHAM 020010 11/3/00 $683.36 52923 SERVICES-VARIOUS UNITED DISPOSAL 020020 11/3/00 $2,180.70 52924 SERVICES-VARIOUS US WEST COMM 020091 11/3/00 $207.58 52925 SERVICES-VARIOUS US WEST COMM 020095 11/3/00 $421.14 52926 REIMBURSE-ADMIN KAY VESTAL 021126 11/3/00 $34.00 52927 SUPPlies-STREET WAlllNG SAND 022029 11/3/00 $1,475.51 52928 SUPPlies-VARIOUS WALMART Sf ORES 022035 11/3/00 $60.44 52929 SUPPllES-PARKS WITHERS LUMBER 022445 11/3/00 $23.00 52930 SERVICES-UBRARY WBN INDEPENDENT 022630 11/3/00 $235.50 52931 SUPPllES-ENG YES GRAPHICS 024025 11/3/00 $60.75 52932 REIMBURSE-DAR ROBERT HURST 045318 11/3/00 $151.90 52933 REIMBURSE-WATER JOAN PREZEAU 045525 11/3/00 $38.00 52934 REIMBURSE-DAR LOLA SPERATOS 045560 11/3/00 $11.16 52935 PET1Y CASH-VARIOUS crrv OF WOODBURN 015255 11/8/00 $182.39 52936 SERVICES-VARIOUS VALLEY MAIUNG 021044 11/8/00 $954.40 52937 VOID VOID VOID $0.00 52938 VOID VOID VOID $0.00 Page 2 'IT '1f 8E NP GiEO< USTING FOR THE MONTH OF NOVEMBER 2000 52988 SUPPLIES-STREET WBN RENT ALL 022708 11/9/00 $30.00 52989 SUPPLIES-WWTP YES GRAPHICS 024025 11/9/00 $266.00 52990 PAYROLL-VARIOUS IRS 060070 11/9/00 $4,187.55 52991 SERVICES-WTR{TRANS VAlLEY MAIUNG 021044 11/16/00 $820.00 52992 VOID VOID VOID $0.00 52993 VOID VOID VOID $0.00 52994 VOID VOID VOID $0.00 52995 DUES-PARKS ICE AGE FLOODS INST NONE 11/17/00 $25.00 52996 DUES-WWTP AM BAO<FlOW PREV NONE 11/17/00 $50.00 52997 REFUND-PARKS BRANDY ANDREWS NONE 11/17/00 $30.00 52998 SERVICES-PlANNING OR Q-IAPT AMER PLAN NONE 11/17/00 $120.00 52999 SERVICES-ENG PW PIPE NONE 11/17/00 $160.00 53000 SERVICES-ENG AEROTEK INC 000080 11/17/00 $145.00 53001 SUPPLIES-WWTP PIONEER AMERICA 000136 11/17/00 $640.00 53002 SERVICES-POUCE ANIMAL MEDICAL OlNIC 000434 11/17/00 $297.41 53003 SERVICES-WATER ARAMARK UNIFORM 000534 11/17/00 $41.35 53004 SERVICES-VARIOUS ARGi WIRELESS 000535 11/17/00 $31.36 53005 SUPPllES-POUCE ASTEC MICROFLOW 000547 11/17/00 $5,471.91 53006 SERVICES-VARIOUS AT&T 000623 11/17/00 $29.67 53007 SERVICE5-POllCE AT&T lANGUAGE UNE 000659 11/17/00 $551.84 53008 SERVICES-STREET AXIS OJRB CO 000668 11/17/00 $6,309.90 53009 LOAN PAYMENT-PUB WKS BANK OF NEW YORK 001133 11/17/00 $155,153.73 53010 SUPPLlES-STREET BBC STEEL CORP 001168 11/17/00 $199.00 53011 SUPPlIES-STREET BEN-KQ-MATIC 001200 11/17/00 $609.41 53012 SUPPLlES-POUCE BlUMENTHAL. UNIFORM 001310 11/17/00 $1,1n.73 53013 SUPPLIES-COURT CASCADE SOUND 002230 11/17/00 $386.00 53014 RETAINAGE-WWTP OTY OF WOODBURN 002525 11/17/00 $22,435.10 53015 SUPPLIES-POLlCE COMARK GOVT 002684 11/17/00 $1,l9O.64 53016 SERVICES-PUB WKS MARGOT OOMLEY 002686 11/17/00 $50.00 53017 SERVICES-WWTP CORP INC 002879 11/17/00 $119,218.19 53018 SERVICES-PUB WKS CRANE &. MERSETH 002896 11/17/00 $3,738.11 53019 SUPPLIES-POLlCE CRYSTAL. SPRINGS 002919 11/17/00 $43.00 53020 SUPPLlES-VARIOUS CfL CORP 002926 11/17/00 $662.32 53021 SERVICES-PUB WKS DAILY JOURNAl.. 003020 11/17/00 $92.63 53022 SUPPLIES-POUCE DAY WIRELESS SYS 003087 11/17/00 $1,480.00 53023 SERVICES-PUB WKS DE HAAS &. AS&JC 003108 11/17/00 $698.10 53024 SERVICES-WWTP EMERY & SONS CONST 004153 11/17/00 $102,704.55 53025 SERVICES-WWTP ESOiELON TElECOM 004264 11/17/00 $418.00 53026 SUPPllES-UBRARY FACTS ON FILE 005010 11/17/00 $3,790.00 53027 SUPPLlES-PARKS/WTR FAMIUAN NW 005030 11/17/00 $1,697.51 53028 SERVICES-WWTP FIRST CACiCADE OORP 005130 11/17/00 $10,680.00 53029 SUPPllES-COURT F1R51UNE BUS SYSTEM 005141 11/17/00 $2,740.00 53030 SUPPLlES-PARKS FISHERS PUMP 005147 11/17/00 $13.n 53031 SERVICES-WWTP JAMES W FOWLER 005215 11/17/00 $426,266.76 53032 SUPPLlES-WWTP FYCRAfT 005450 11/17/00 $350.00 53033 SUPPLIES-WWTP GE CAPITAL. 006045 11/17/00 $701.71 53034 SUPPLIES-STREET GELCO DIST 006059 11/17/00 $128.00 53035 SERVICES-STREET HIRE CAUlNG oon40 11/17/00 $488.30 53036 SERVICES-FlNANCE IKON 1Ea-t SERV 008117 11/17/00 $300.00 Page 4 '''- If AlP OiEa< USTING FOR THE MONTH OF NOVEMBER 2000 8E 53037 SERVICES-PARKS IDS CAPITAL 008118 11/17/00 $477 .07 53038 SERVICE5-WWTP IKON OFACE 008119 11/17/00 $12.57 53039 SUPPUE5-STREET INTERSTATE ROO< 008297 11/17/00 $78.00 53040 REIMBURSE-MAYOR RIOiARD JENNINGS 009095 11/17/00 $31.40 53041 SUPPUES-PARKS AOOLPH KIEFER & ASSOC 010086 11/17/00 $597.39 53042 SERVICES-WATER TIMO T KORKEAKOSKI 010298 11/17/00 $3,071.66 53043 SERVICE5-WATER UNDS MARKET 011240 11/17/00 $30.00 53044 FUEL-TRANS/OAR METROFUEUNG 012448 11/17/00 $432.47 53045 SUPPUE5-VARIOUS MOORE BUSINESS 012582 11/17/00 $150.17 53046 SUPPUE5-PARKS MOORE MEDICAL 012588 11/17/00 $103.80 53047 SERVICE5-WWTP NICOU ENGINEERING 013192 11/17/00 $12,248.33 53048 SERVICE5-POUCE NORCOM 013198 11/17/00 $21,463.75 53049 REIMBURSE-POUCE PAUL NULL 013420 11/17/00 $131.99 53050 SERVICES-ENG ONSITE ENVIRON 014055 11/17/00 $1,807.20 53051 SERVICE5-WATER OR HEALTH DIV 014311 11/17/00 $40.00 53052 SUPPUES-POUCE OR STATIONERS 014565 11/17/00 $795.00 53053 SERVICES-BUILD OREGONIAN PUBUSH 014653 11/17/00 $290.75 53054 SUPPllES-WATER US ALTER 015065 11/17/00 $50.40 53055 SUPPllE5-WATER PLAlT ELEcrRIC 015340 11/17/00 $175.32 53056 SERVICES-STREET PORT GENERAL ELEC 015420 11/17/00 $10,122.30 53057 SUPPllES-POUCE SAN DIEGO POUCE EQUIP 018170 11/17/00 $960.00 53058 SUPPllES-POUCE SE-ME PROF PHOTO 018311 11/17/00 $570.00 53059 REIMBURSE-COUNOL EUDA SIFUENTEZ 018463 11/17/00 $8.95 53060 SERVICES-STREET SlATER COMM 018522 11/17/00 $363.55 53061 REIMBURSE-MUSEUM MAlT SMITH 018569 11/17/00 $13.99 53062 SERVICES-ENG TEK SYSTEMS 019046 11/17/00 $368.00 53063 RBMBURSE-COURT MARY TENNANT 019055 11/17/00 $59.98 53064 SUPPllES-VARIOUS US OFFICE PROD 019100 11/17/00 $539.57 53065 SUPPllES-POUCE 1RI TEOi INC 019254 11/17/00 $136.76 53066 SUPPllES-WATER UNITED PIPE 020030 11/17/00 $208.22 53067 SERVICES-PlJB WKS VIill.Ef PAOAC 021046 11/17/00 $29.90 53068 SUPPllES-POLICE WATERSHED INC 022082 11/17/00 $9,894.40 53069 SUPPllES- TRANSIT WESTERN BUS SALES 022175 11/17/00 $19,096.00 53070 SERVICE5-PlANNING WBN FAMILY OlNIC 022587 11/17/00 $336.00 53071 SERVICES-VARIOUS WBN INDEPENDENT 022630 11/17/00 $132.70 530n SUPPLlES-PARKS YES GRAPHICS 024025 11/17/00 $9.00 53073 SUPPllES-WWTP ZEE MEDICAL 025070 11/17/00 $9.00 53074 SERVICES-SELF INS OR DEPT OF REVENUE 060030 11/17/00 $1,326.84 53075 SERVICES-WTR/TRANS VIill.Ef MAIUNG 021044 11/21/00 $704.00 53076 PE11Y CASH-VARIOUS ClTY OF WOODBURN 015255 11/22/00 $182.93 53077 SERVICES-wrR DMSION OF STATE ~DS 014279 11/22/00 $14.39 53078 RBMBURSE-WWTP STEWART HARTlEY 007095 11/28/00 $66.90 53079 VOID VOID VOID $0.00 53080 VOID VOID VOID $0.00 53081 VOID VOID VOID $0.00 53082 SUPPllES-VARIOUS we NONE 11/30/00 $239.00 53083 REFUND-WTR/SWR RAY OOLSON NONE 11/30/00 $29.84 53084 RERJND-WTR/SWR. CENTEX HOMES NONE 11/30/00 $51.97 53085 RERJND-WTR/SWR TANIA SAMARIN NONE 11/30/00 $69.33 Page 5 'IT 11 8E NP OiEO< USTlNG FOR THE MONTH OF NOVEMBER 2000 53135 SUPPUE5-UBRARY GALE GROUP 006015 11/30/00 $85.34 53136 SUPPUE5-UBRARY GAYlORD BROS 006030 11/30/00 $275.81 53137 SUPPUE5-UBRARY GE CAPITAL 006079 11/30/00 $167.63 53138 SERVICE5-ANANCE GOVT ANANCE 006238 11/30/00 $150.00 53139 SERVICE5-ATTY GREAT OiINA SEAFOOD 006294 11/30/00 $8.75 53140 SUPPUE5-VARIOUS GW HARDWARE 006405 11/30/00 $1,649.95 53141 SUPPUE5-VARIOUS HAOi OiEMICAL 007030 11/30/00 $4,972.08 53142 SERVICE5-VARIOUS HILL YERS MID aTY 007228 11/30/00 $214.71 53143 SERVICE5-STREET HIRE CAlliNG 007240 11/30/00 $914.79 53144 SUPPUE5-STREET HOME DEPOT 007280 11/30/00 $987.19 53145 SUPPUE5-C GARAGE INDUSTRIAL SOURCE 008088 11/30/00 $2,322.00 53146 SUPPUE5-VARIOUS INDUSTRIAL WELDING 008100 11/30/00 $69.62 53147 SUPPUES-UBRARY INGRAM DIST 008116 11/30/00 $1,568.56 53148 SERVICE5-POUCE IOS CAPITAL 008118 11/30/00 $500.45 53149 SERVICE5-C STORES IKON OffiCE 008119 11/30/00 $463.49 53150 SUPPUE5-STREET INSERTA FITTINGS 008135 11/30/00 $35.00 53151 SUPPUES-VARIOUS INTERSTATE AUTO 008295 11/30/00 $358.88 53152 SERVICE5-POUCE KEY INVESTMENTS 010080 11/30/00 $3,592.64 53153 REIMBURSE-WWTP GARY KOHAELD 010096 11/30/00 $50.35 53154 SUPPUE5-VARIOUS L&L BUILDING 011010 11/30/00 $354.55 53155 SUPPUE5-WWTP RANDALL LANGBEHN 011029 11/30/00 $630.00 53156 SUPPUES-UBRARY UFE BOOKS 011228 11/30/00 $32.50 53157 SUPPUES-UBRARY UBRARY f>SSOC 011244 11/30/00 $15.60 53158 SUPPllES-PARKS UNCOLN EQUIPMENT 011250 11/30/00 $273.04 53159 SERVICES-<DURT MSI GROUP 012015 11/30/00 $125.00 53160 SUPPllES-PARKS MARION ENVIRON 012227 11/30/00 $12.20 53161 RBMBURSE-POUCE NITA MAAR 012232 11/30/00 $49.85 53162 SUPPllES-UBRARY MARStW..L CAVENDISH 012235 11/30/00 $273.95 53163 SUPPllES-UBRARY MEDIA PAO<AGING 012413 11/30/00 $378.51 53164 SUPPllES-VARIOUS METROAJEUNG 012448 11/30/00 $1,637.06 53165 SUPPllES-VARIOUS MR P'S AlITO PARTS 012510 11/30/00 $46.16 53166 SERVICES-PARKS MORSE BROS 012611 11/30/00 $75,329.19 53167 SERVICES-PARKS MUFA.ERS HITOiES 012655 11/30/00 $491.37 53168 SUPPllES-UBRARY THE MUSIC LADY 012702 11/30/00 $74.75 53169 SUPPl.lES-UBRARY NAME BADGES BY JAN 013009 11/30/00 $16.50 53170 SUPPllES-PUB WKS NEW HORIZONS 013165 11/30/00 $239.85 53171 SERVICES-VARIOUS NEXTEL COMM 013188 11/30/00 $1,696.10 53172 SUPPllES-PARKS NORTH COAST ELEC 013215 11/30/00 $296.4~ 53173 SERVICES-WWTP N CREEK ANALYnCAL 013216 11/30/00 $2,545.00 53174 SERVICES-VARIOUS NW NATURAL 013350 11/30/00 $6,962.35 53175 SUPPllES-ANANCE NORVAC ElEC 013373 11/30/00 $153.20 53176 SUPPllES-UBRARY OMNlGRAPHICS 014044 11/30/00 $159.16 531n SERVICES-ENG ONSITE ENVIRON 014055 11/30/00 $476.90 53178 SERVICES-WWTP OR DEPT OF REVENUE 014217 11/30/00 $246.00 53179 SERVICES-WWTP OR HEALTH DIV 014311 11/30/00 $60.00 53180 SERVICES-PARKS OR REC & PARKS 014431 11/30/00 $89.50 53181 SUPPllES-PARKS PEPSI CX>LA 015225 11/30/00 $723.40 53182 SUPPllES-UBRARY POOL & ffiEW 015371 11/30/00 $279.60 53183 SERVICES-PARKS PORT GENERAL ELEC 015420 11/30/00 $41.30 Page 7 11 NP OiEO< USTING FOR THE MONTH OF NOVEMBER 2000 8E 53184 SUPPllES-PARKS PROMOTIONS WEST 015563 11/30/00 $618.85 53185 SERVICES-WATER RADIX CORP 017035 11/30/00 $256.74 53186 SUPPlJES-WWTP JAO< RAWUNGS 017054 11/30/00 $727.50 53187 SUPPllE5-UBRARY RECORDED BOOKS 017102 11/30/00 $88.80 53188 SUPPllES-UBRARY REGENT BOOK 017148 11/30/00 $20.46 53189 SUPPUE5-UBRARY RODALf BOOKS 017280 11/30/00 $32.30 53190 SUPPlJE5-VARIOUS ROTHSIGA 017340 11/30/00 $264.68 53191 SUPPUE5-PARKS SAFfRON SUPPLY 018020 11/30/00 $579.15 53192 SUPPUE5-POUCE SANDERSON SAFETY 018173 11/30/00 $288.00 53193 SERVICES-VARIOUS LES SOiWAB TIRE 018300 11/30/00 $1,410.39 53194 SERVICE5-NON DEPT SECRETARY OF STATE 018348 11/30/00 $350.00 53195 SERVICE5-POUCE SHOOTERS MERCANTILE 018453 11/30/00 $100.00 53196 SERVICES-VARIOUS SIERRA SPRINGS 018460 11/30/00 $153.50 53197 SERVICES-PARKS SONITROL 018605 11/30/00 $50.00 53198 SERVICES-PARKS Sf VINCENT DE PAUL 018720 11/30/00 $1,606.40 53199 SERVICES-ENG TEK SYSTEMS 019046 11/30/00 $736.00 53200 SUPPllES-ANANCE US OffiCE PROD 019100 11/30/00 $182.35 53201 SERVICES-WATER WES & ZINAIDA TORAN 019183 11/30/00 $1,400.00 53202 SUPPUE5-VARIOUS UNOCAL:ERNIE GRAHAM 020010 11/30/00 $943.09 53203 SERVICES-ENG US GEOLOGICAL SURVEY 020060 11/30/00 $4,930.00 53204 SUPPUES-RSVP US POSTAL SERV 020090 11/30/00 $160.00 53205 SERVICES-VARIOUS US WEST COMM 020091 11/30/00 $195.46 53206 SERVICES-VARIOUS US WEST COMM 020095 11/30/00 $300.01 53207 SUPPLlES-ANANCE UPBEATINC 020172 11/30/00 $101.69 53208 SERVICES-POUCE VERIZON WIRELESS 021124 11/30/00 $1,112.97 53209 SUPPllES-UBRARY VERNON UBRARY 021125 11/30/00 $1,058.24 53210 SUPPLlES-UBRARY VIDEO SAMPLER 021138 11/30/00 $40.85 53211 SUPPLlES-llBRARY VISIONS 021203 11/30/00 $228.14 53212 SERVICES-WWTP WATER METRICS 022070 11/30/00 $70.10 53213 SUPPLlES- TRANS WESTERN BUS SAlES 022175 11/30/00 $121,135.00 53214 SUPPllES-PARKS Will. RED CROSS 022328 11/30/00 $127.00 53215 SUPPLIES-PARKS WITHERS WMBER 022445 11/30/00 $36.58 53216 SERVICES-CABlE TV WBN CDMM KrESS 022547 11/30/00 $1,350.00 53217 SERVICES-SPEC ASSESS WBN INDEPENDENT 022630 11/30/00 $474.50 53218 SUPPllE5-PARKS WBN RENT ALL 022708 11/30/00 $6,741.83 53219 SUPPllES-UBRARY WORLD MEDIA EXPRESS 022815 11/30/00 $308.16 53220 SUPPllES-VARIOUS YES GRAPHICS 024025 11/30/00 $517.50 53221 RBMBURSE-RSVP BIlL FAULHABER 035240 11/30/00 $70.00 53222 RBMBURSE-RSVP FRAN HOWARD 035270 11/30/00 $35.00 53223 RBMBURSE-RSVP JUNE WOODCOO< 035648 11/30/00 $16.00 53224 RBMBURSE-RSVP JAY WOODS 035763 11/30/00 $34.00 53225 RBMBURSE-DAR OOROlliA BORLAND 045100 11/30/00 $66.34 53226 VOID VOID VOID $0.00 53227 VOID VOID VOID $0.00 53228 VOID VOID VOID $0.00 53229 VOID VOID VOID $0.00 53230 VOID VOID VOID $0.00 53231 VOID VOID VOID $0.00 53232 RBMBURSE-DAR SAI.L Y BUSE 045110 11/30/00 $67.89 Page 8 'If 53233 53234 53235 53236 53237 53238 53239 53240 53241 53242 AlP OiEO< UsrING FOR THE MONTH OF NOVEMBER 2000 REIMBURSE-OAR REIMBURSE-OAR REIMBURSE-OAR REIMBURSE-DAR REIMBURSE-OAR REIMBURSE-OAR REIMBURSE-OAR REIMBURSE-OAR REIMBURSE-OAR SERVICES-VARIOUS OORNEUUS DONNELLY LEONARD GIAUQUE AGNES HAGENAUER FREO HAYES BEULAH JORDAN J WARD O'BRIEN MARILYN PARADIS JOAN PREZEAU STEVE STURN VALlEY MAIUNG Page 9 045230 045290 045310 045315 045320 045497 045512 045525 045585 021044 11/30/00 11/30/00 11/30/00 11/30/00 11/30/00 11/30/00 11/30/00 11/30/00 11/30/00 11/30/00 ". 8E $126.79 $77.19 $71.61 $336.35 $91.14 $125.86 $62.93 $431.83 $38.75 $564.00 $1,504,647.95 SF MEMO TO: J~ City Council through the City Administrator FROM: Ben Gillespie, Finance Director SUBJECT: Annual Audit Report DATE: December 5, 2000 ------------------------------------------------------------------------------------------------------------------ The 1999-2000 financial statements have been finalized, and the City's auditors, Boldt, Carlisle, & Smith, have issued an unqualified opinion on them. As required by statute the financial statements and the opinion will be filed with the Secretary of State before December 31, 2000. The auditors stated: In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of the CITY of WOODBURN, Oregon as of June 30, 2000, and the results of its operations. . . for the year then ended. . . They also wrote: We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. Copies of the document and their transmittal letter are available for review in the Finance Office. The report did note two items that are out of the ordinary: expenditures in excess of appropri- ations and deficit Fund Balances. Expenditures exceeded budget in the General Fund-Building Maintenance ($48), the Bonded Debt Service Fund-Fees ($363), the IS Fund-Materials and Services ($3,166), the Economic Development Fund-Capital Outlay ($4,000), and the Wastewater Capital Improvement Fund-{$28,508). - SF The over run in the General Fund was due to a charge that should have been recorded against the Parks Maintenance Budget; the error was not discovered until after the financial statements had been finalized. The $363 deficit in the Debt Service Fund was the fees paid to US Bank for managing the Pool Bonds. This item was omitted from the 1999-2000 budget; it has been included in the current budget. Although Materials and Services were overspent in the IS Fund, Capital was underspent, and the Fund in total was not over expended. The shift in actual expenditures reflect management's decision to postpone capital purchases in favor of operating solutions. The expense in the Economic Development Fund was the release of retainage from a prior year's project. In the Wastewater Capital Improvement Fund the over run was the result of the repayment of a conditional grant that was triggered by development of benefitted property. The land development was not foreseen when the budget was developed. Three funds had negative Fund Balances as of June 30, 1999: Housing Rehabilitation Special Assessment Parks Capital Improvement $(111,730) $(212,236) $( 72,946) The Housing Rehabilitation deficit occurred due to the grant operating on a reimbursement basis with the City required to expend the funds prior to requesting reimbursement. As of June 30,2000 the City had made expenditures of $263,014 and was awaiting reimbursement from the State. A Special Assessment Fund by its very nature will have a negative fund balance. This type of fund is used to account for the issuance of debt to pay for local improvements. 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UI o-~-i C (J~ UI ml\J-i n AI :>:l II Z Z II H A 00 00 00 u n UI~ UI~ U1~ n n . n . n . n . IDC alC n mc n R ]>2 ]>2 ]>Z II ro ro ro a rlT1 rfTI rfTI . 0::0 0;0 OAl n -i -i -I 00< II 00< 00< 0 0 0 n-i (")-i (")-1 ]>fTI ]>fTI ]>m moo moo 0101 -i -i -I a " U n " U \I ~ ~ . . n . u J k " .. k it . . . J U . I. . . .. J " . . ~ a . ft . .. t. L . f . . ~ . . n d ~ . . < J < . < " 0 ~ 0 r 0 (J -i .. O-"'-i " '-I~-i '-I..o1T1 ~ "''-IfTI . ~..ofTI ii ~mm ~ ......00 r '-101m . . J \J ." . ." ~ . IT1 L gj 3 IT1 ii ;0 . :::u n (") . (") . (") fTI i fTI . fTI 2 2 . 2 -i -i r -l '" II:\. MEMO TO THROUGH FROM DATE SUBJECT Mayor & City Council John Brown, City Administrator _ Mary Tennant, City Recorder !.<.... December 5. 2000 Notice of Potential Withdrawal from City County Insurance Services (CIS) for Fiscal Year 2001-2002 Insurance Coverage RECOMMENDATION: Approvc thc accompanying Council bill which provides CIS wllh formal notice of potential withdrawal from the Trust for one or 1110re insurance CO\'er;lges effective policy year July], 2001 through June 30. 2002. BACKGROUND: The CIS Trust agreement requires the City to give the Trust 180 days notice if we are considering potential withdrawal from their program. This Council Bill will fulfill the requirements of the Trust agreement thereby giving the City the ability to receive insurance quotes from other companies for liability, auto, and workers' compensation coverage which are currently insured through City County Insurance Services. Financial Impact: Passage of this bill will have no financial impact on the City. '11 ) ) :\ COUNCIL BILL NO. 2279 RESOLUTION NO_ A RESOLlTION GIVING CITY COUNTY INSLRANCE SERVICES TRUST NOTICE OF POTENTIAL WITHDRAWAL FROM MEMBERSHIP IN THE SELF-INSURANCE POOL. WHEREAS, City County Insurance Services Trll~l (CIS I provides a scJf- Il1surancc pool to local government entities. and WHEREAS, the CIS Trust by-laws provide that participants in the insurance program adopt a resolution calling lor a 3 year memhership in the self-insur;JIlce pooL and WHEREAS, the CIS Trust by-laws also provide procedures whereby participants may elect to withdraw from the CIS Trust prior to the end of the membership period. now. therefore. THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City Administrator be authorized to send City County Insurance Services Trust formal notice of intent to potentially elect withdrawal from the CIS Trust for general liability, auto liability and physical damage, and workers' compensation insurance coverages effective July 1,2001. Approved as to Form:~'~ ~ City Attorney J 2-ft, -7.0;> Date APPROVED: RICHARD JENNINGS, 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 Page 1 - COUNCIL BILL NO. RESOLUTION NO. ,~ 1r 11 B MEMO To: For Council Action, through the CIty Administrator Randy Scott C E Tech 1I1. through the Puhhc Works Dir;:;Clo.JI Osw(lid Street Vacation \iovember 20, 2000 - / '/'- "- ; From: Subject: Date: RECOM;\1ENDA TION: Pass the allachl:,d resnJul10n selling a public hearing date (iJ1lf1(' \:1cation ,~j c ;\;,)1:\1)] ,,1' Cis\ (j1" Slfet'l fiJ) 1he regul3r schedules meeting nfJanuarv 8 200 j BACKGROLJ!'\D: A petition on behalf of Chemeketa Community College has been filed with the city recorder requesting that a ponion of Oswald Street be vacated. Chemeketa is preparing to expand the existing facility located at 120 Lincoln Street Staff has reviewed the petition and finds it is complete and substantially conforms with the requirements ofORS 270.080. petition; consent of property owners. V ACA TION PROCESS: 1. In accordance with ORS 271.100, the City Governing Body may deny the petition after notice to the petitioners of such proposed action, but if there appears to be no reason why the petition should not be allowed in whole or in part, the Governing Body shall fix a time for a formal hearing upon the petition. 2. Notice of public hearing shall be posted and published in conformance with ORS 271.110. 3. The public hearing is held on the specified date and time. 4. After the hearing, if the findings comply the requirements ofORS 271.120, the Governing Body may grant the petition in either whole or part. The determination will be made a matter of record by Ordinance. 5. Title to the vacated area shall be apportioned between abutting property owners in the manner described in ORS 271.140. 6. The ordinance vacating the public right-of-way shall be filed with the Marion County Clerk, County Assessor and the County Surveyor. "If ) ) B COUNCIL BILL NO. 2280 RFSOUT!O'" :\0 :\ RESOLUTION ESTABUSIH'iG A PLBU( HEARI~G DATE FOR VACAnO~ Of A PORTION OF OSWi\LD STREETAND DlRECTINC THE ('lTY RECORDER TO CIVE PlBLH NOTICE. \VHEREAS. the abutting propeny O\\11crs b2\C ~ubmiiled d pC!;1Jun lcqul'stJn:' t!1t: ( 11\ (OUI1Ul i'; \ acatc a ceflam pOrl1O!1 of OS" ald Strcel and VvHEREAS. the pCllllon complies with the reljuH-,;mnll ~ '.\f OR S :'71 \il-\\ \ \' ;Jc<Jv.n lJ: !lie Cl' PI;l ;ncd cnies. petition_ consenl of proP('rt~ owners_ and \\!HEREAS. ell\' staff h:-:~; recommended that ('()\lnn) establIsh ;J tll!"H ;ll1" pl~Jlc JI 'J ;j Dubhe hcanng to start the vacation process, NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The tract of real property subject to the proposed road \' acation is legally described as follows: Beginning at the most northerly corner of Lot 7, Block I, Doud's Second Addition in the Northeast Quarter of Section 18, Township 5 South, Range 1 West of the Willamette Meridian in the City of Woodbmn, Marion County Oregon: Thence South 480 45' 00" East along the northerly line of said Block 1, a distance of 149.90 feet; Thence North 41 015'00" East 50.00 feet to a point on the northerly right-of-way line of Oswald Street; Thence North 480 45' 00" West along said right-of- way line, a distance of 149.90 feet to a point on the easterly line of Parcel I of Partition Plat No. 99- 84; Thence South 41 015' 00" West along said easterly line a distance of50.oo feet to the point of beginning and containing 7495 square feet ofland, more or less. A diagram of said tract is attached to this Resolution as Exhibit" An and is incorporated herein. Section 2. That 7:00 P.M. on January 8, 2001 in the Woodburn City Council Chambers, 270 Montgomery Street, Woodburn, Oregon, is the time and place for the public hearing on the petition on whether the above described real property shall be vacated, Section 3. That the City Recorder is directed to give notice of the public hearing as provided by law. Approved as to form:7)~ ~ City Attorney I Z - b. '2,0 00 Date Page I - Council Bill No. Resolution No. II B ~ /~ ~t. e> "~~ , ~ '. ;> "". I / ." i/ .. , ~ / , '" '~ /<", / (- " "" ///) / / '-' -,. ~ , r- C" ~ r- ... ~/- ... ~ ~ ~ ~ := ~ ~ ~ 'II II C ~1F\1() 10 l "11\ \drT1lnis!r:l1or t(-~.. (\-HlI1Lj'i \\..'lje!"J FRO:'v1 / Julil' \10(\)\2. C L T-.:ch I I i hI< dt2h Public \Vorb DircCl~)f ,_ _., j' '-1 st'BJF,C! inslal1ali\-,n ,_'1 ~lur ~;l:;n> lr ! 1,,'riL.lt;~.: i)J! k DAIL. December (), :21)\/( RECOMMEND;\.fIO:"- : it is recommended Councij appro\C ill(' 31l;.JC1Jl'0 resolullon le' aHow the lI1s1a1l3110n 01 SlOp signs on Arlington /\ \C))UC ~11 P:ll rim SnCl.:l l!: i he Heritage Park Subdiyj~jon BACKGROUND: The Heritage Park Maintenance Association had requested traffic studies be done at several locations within the subdivision because they felt these intersections were potentially hazardous to children, pedestrians, and other drivers. Traffic counts were taken at each of the locations requested to determine the amount of traffic entering the intersection from all directions. After analyzing the traffic count data it is apparent that the intersection of Patriot and Arlington should have stop signs installed. The other intersections did not meet warrants for the installation of stop signs. The Manual on Uniform Traffic Control Devices (MUTCD) states that stop signs can be warranted at the intersection of a less important road with a main road where the normal right-of-way rule is unduly hazardous. At the intersection of Patriot Street & Arlington Avenue it is recommended that stop signs be installed on Arlington Ave. because Patriot St. is the main access road into the subdivision off of Country Club Road. And also, because of the close proximity of Arlington Ave. to Country Club Road, which is approximately 100 feet. Therefore, it is recommended that the attached resolution be approved to allow the installation of the stop signs. 'If ( 'Ii :d Ii BiLL '\U. 22St 11 ( R}~SOLl;TION NO, .\ RJS()U ; l()~ UJ kH.i j \.I,! IliA j S JUll SiliNS HI J \.,S 1 ALLLD U:\ ARLINGTON \\')'<\] \') iill ]',nRS](~ iO?" ()) 1'\TRJUT STRITT "'HFHF\' '[0('- 'i':';':l" \::' ,2(j~'" : he ( '1' ,,1' \\(\"dhunL l!ll' :;tJlhorily 1(' insll11! S10r " <-i; \<:rint;' j. 'c;;\ -'I r~: '. !~~ : t-'t' ;1' !~nl~l"'-. :~H,' \\HFHF\1. t-]~:~:- ~-(__\._l-'l'- ~c:.(J :ind.'c'r:>ld(n.~>d 1 he ~;1.1~{chl"] ~J~:1r "'tp,','n ?"\.:'( i.\Pi1TJ:"'; id in;..:. ~ t-tj. '. : ( .! P ',1~ I -r~ in\\h::l::]i.'l1 .\\icnuc [i,l the 1]:kr~el'1i\Jr; C1 h:llriu1 ')1:l'\.'1. '\ () v, 'j Ii [IUTO J..:) . THE ell') OF WOODBl.;RN RESOL YES AS FOLLOWS: Section 1. That STOP signs be instalied on Arlington ;\venue where it intersects with Patriot Street. Approved as to form: 1st N. Robert Shields City Attorney Date Approved: Richard Jennings, Mayor Passed by 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 I - COUNCIL BILL NO. RESOLUTION NO. 'Il' '" , ........ ~,- '-., ---- Y'\ ___ ll( ~ -r~-l--r--riT--T /--r _.,~ ~ - J__ __ I ! ! I I ;' I - -- ~ ---------L ' 11--___ ~-L_--L i , ''--. 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I :*i 01 - OJI z u ~r ~ is O<iO:JNO:J d >- cr f- Z ::J o U ,,/I "----1 / ,/ / I i --T-I!-~ ' - _.l ,,.: ----, ---, .-------..... ~Y'(~f~;: -'- I __ \J I '\ - --i r- -- ;_~^~~ ; C~; . . -r---...._-...., ---'-' , __ 11...0; ----"l::J i : Z i--. i.-----~- , lJ..l' :>' L l<t' ,.===---1 cr: I a! l~r I Z ::J m :ll'tlj lID MEMO FROM: City Council through City Administrator~ Public Works Program Manager -4 ~ Bid Award for Hydraulic Pipe Cutter TO: SUBJECT: DATE: December 6, 2000 RECOMMENDATION: Award City of Woodburn Bid 21-05 for a hydraulic pipe cutter to Ackley Tool Company for $6,035.00. BACKGROUND: City of Woodburn bid number 21-05 for a hydraulically self-driven pipe cutter and was opened and read at 2:00 P.M. on December 5, 2000. Results were: Bidder Amount Ackley Tool Company Intermountain Sales E. H. Wachs Company $ 6,035.00 $ 6,575.00 $ 6,685.00 The hydraulically self-driven pipe cutter utilizes a diamond blade and is attached to the pipe and moves slowly around the ductile iron water pipe. This will replace the utilization of a hand held multi-purpose saw which required a large area around the pipe to be excavated. Use of the hand held saw is difficult and hard on the equipment and the saw operator. This saw will provide quick accurate circular cuts and reduce the time required to make pipe repairs. The approved Water Division Administration budget includes $6,500 for this item. Staff recommends the award of the bid. ~ lIE MEMO TO: City Council through City Administrato~7 Public Works Program Manager 4 ~~ FROM: SUBJECT: Bid Award for Used Pickup Truck DATE: December 6, 2000 RECOMMENDATION: Reject the bid received for City of Woodburn Bid 21-04 for a used pickup. BACKGROUND: City of Woodburn bid number 21-04 for one 1998 or newer used pickup truck with less than 20,000 miles and was opened and read at 11 :00 A.M. on December 6, 2000. Results were: Bidder Amount Hubbard Chevrolet $ 13,000.00 The unit offered by Hubbard Chevrolet was a new vehicle and did not comply fully with specifications. The bid amount also exceeds the amount budgeted for this vehicle purchase. 1f IlF December 1 1, 2000 TO: FROM: SUBJECT: Honorable Mayor and City Council .r:b John C. Brown, City Administrator T Request for a Contribution to Maclaren Youth Correctional Facility Recommendation: It is recommended the City Council determine policy regarding a contribution to MacLaren Youth Correctional Facility. Background: The Holiday Committee at MacLaren Youth Correctional Facility solicits and uses donations to purchase gift items for those students who do not receive gifts from their own families. The State of Oregon does not provide funds for that purpose, so the Facility must rely on contributions from the local community. Two years ago, the City Council contributed $200 to the Holiday Committee, in recognition of the community service projects Maclaren students had participated in during 1998. last year, Councilors chose to donate privately, rather than to support a contribution from City funds. Discussion: Attached is request from Maclaren Youth Correctional Facility for a contribution to its Holiday Committee for this holiday season. You are respectfully requested to determine whether you believe it is appropriate to make a contribution to the committee for 2000, and if so, how much you would like to contribute. Financial Impact: Funds to support a contribution are not currently budgeted. A "Contributions" account exists in the City Council budget, which may be augmented at mid-year to support any contribution you may desire to make on behalf of the residents of Woodburn. JCB 1r .~;) .. ..'. . '. ',. ;...,,; ... - .. . . . . . . . . .......... regon IIF Oregon Youth Authority MacLaren Youth Correctional Facility 2630 N, Pacific Hwy, Woodburn, OR 97071-9165 (503) 981-9531 FAX (503) 982-4439 John A. Kitzhaber, M,D" Governor October 17, 2000 OOOl L G ^ON (Ql~U~U~~~~ ~ Seasons Greetings! I am writing on behalf of the Holiday Committee at MacLaren Youth Correctional Facility in Woodburn. The Committee consists of staff members who, on their own time, organize fund raising activities, solicit monies from businesses, charitable organizations and private individuals, and decorate and spread the holiday spirit around the campus. Donations are used to purchase items for youth, many of whom will not receive gifts from their families this holiday season. The State of Oregon does not provide funds for this purpose. If you decide to make a donation, please know that your contributions will be used wisely. If you are unable to contribute, we appreciate your consideration and wish you a joyous holiday season. Checks may be made to the MacLaren Holiday Fund. Please contact Elida Sifuentez at (503) 981-9531 ext. 556 or Bob Shelstad at ext. 441 if you have questions. Happy Holidays, ~ Gary Lawhead, Superintendent @ r~' ,.,. r 1i 'PR1ME TIME'FAMILY.READfNG'llME PRIME TIME FAMILY READING TIME is a reading, discussion.andstoryteUing series based on j,Uustrated childnm'sbooks. It is designed specificaUyfor under served, . . families with children aged 6 to 10. Separate activities are also available for pre-school. children aged 3 to 5. , , PRIME TIME helps low income, 10w.literatefCijlljlie~, bond.aroundth~act of reading and learning together. It teaches,parents and childr~ to read and di~uss humanities topics, and aids them in selecti[lg books and beCQlTling active, public library users. Created by the Louisiana Endowment for the Humanities (LEH), PRIME TIME is base~;h, on a successful series of the same name that began aUhe East 6atqn Rouge (LaJ Public Library in 1991 and has expanded nationally with fundiqg from National Endowment for the Humanities (NEH). NearIY4,OOO individuals have participated in more than 100 PRIME TIME programs in 17 states. . National expansion of the project is made possible through a partn~rshipbetweeri LEH and the American Library Association (ALA) Public Programs Office funded by an NEH grant. PROGRAM STRUCTURE .' . J PRIME TIME will be offered in the Spring and Fall of 2001. by a total ()f 14 libraries.., nationwide. Seven libraries will offer the series in the Spring and another seven in the Fall. Each series will be coordinated by a partnership ttiat consists of the library, the humanities scholar, the storyteller and one of the following state't"ide org,8Ilizations: the state humanities council, the state library, or the state library assoclatio.n. The library . wi II serve as the lead partner. Each PRIME TIME series will take place once a week for six weeks. Reading and discussion leaders will conduct 90-minute meetings at publiC libraries for parents or guardians and their children, aged 6-10. At each session, a storyteller will dramatically present stories and model reading aloud. A humanities scholar will serve as the discussion leader. The library representative will introduce families to library resources and services. Younger siblings, aged 3 to 5, will participate in separate pre-reading activiUes. Multiple books will be provided for each program. The books will be shared by the participating libraries. "'" THE PRIME TIME FAMILY READING TIME SERIES The Favorites Series Session 1 .. Oral Tradition Presented by a storytellerwf'lo.di-stusses theotaltf'adition. SubseqUent sessions. feature texts grouped around' a" single therne. Session 2 . Fairness The True Story of the.Three Ultle".Pigs.'Jon 'SciesZka Why Mosquitoes "Buzz in People1s' Ears. Vema Aardema "" Alexander an<:ftheTerrible, Horrible, HOGoOd, Very Bad Day. Judith.Viorst Session 3 . Greed The Talking' ,Eggs. Robert SanSouci ,"' Mutaro's Beautiful Daughters. John Stsptoe" . Anansi and the Moss Covered Rock, Eric Kimme1 Session 4 - Courage Lon PqPo: Ed YOl:Jng , Where the Wild things Ate. Maurice'Seiidak Abiyoyo. Pete Seeger Session 5 . Dreams Amazing Grace. Mary Hoffman Wagon Wh$els. Barbara BrEmner , F army's Dream. CaralynBoe, hoer' , . Session 6 . Cleverness:'" ' .;' " , " , FlosSi$ and the 'Fdx. p'atricia McKissack Wiley and the Hairy Man. Molly Bang Dr. DeSoto. William Steig ;, ~".~ " :: : r r 1" ,;"" '':.:1','..."