Agenda - 03/27/2000 CITY COLIIYCIL AG£1YDA
~ARCH 27, 2000 - 7:00 P. A4.
270/Vlontgomery Street ~ ~ Woodburn,
Ore, ton
CA!.I. TO ORDER AND FLAG SALUTE
ROLL CALL
PRESENTATIONS/PROCLAMATIONS
A. Human Rights Award to Joan Garren ............................. 3A
B. Proclamation - Woodburn Tulip Festival Month ..................... 3B
ANNOUNCEMENTS AND APPOINTMENTS
A. Tulip Festival shuttle service on April 8 & 9 and April 16 & 16
B. March 28, 2000 - 7:00 p.m. - Woodburn Budget Committee meeting at
City Hall.
C. April 8, 2000 - Tulip Invitational Swim Meet - Woodburn Aquatic Center
D. April 22, 2000 - Woodburn Spring Cleanup Day
E. Filing periods for Mayor and Council positions ..................... 4E
o
o
COMMITTEE REPORTS
B.
C.
D.
Chamber of Commerce.
Woodburn Downtown Association.
Woodburn School District.
Livability Task Force.
COMMUNICATIONS
BUSINESS FROM THE PUBLIC (This allows the public to introduce items for
Council consideration not already scheduled on the agenda.)
CONSENT AGENDA - Items listed on the consent agenda are considered routine
and may be enacted by one motion. Any item may be removed for discussion at
the request of a Council member.
A. Council minutes of March 13, 2000 regular & executive meetings ...... 8A
B. Planning Commission minutes of March 9, 2000 .................... 8B
C. Recreation and Park Board minutes of March 14,2000 ............... 8C
D. Planning Projects Tracking Sheet ................................. 8D
PUBLIC HEARINGS
A. 1999 Local Law Enforcement Block Grant .......................... 9A
Page 1 - City Council Agenda, March 27, 2000.
10.
11.
TABLED BUSINESS
GENERAL BUSINESS
A. Council Bill No. 2034 - Ordinance annexing 3.32 acres, amending the
Comp Plan, granting a conditional use, granting a conditional zone
change, approving site plan and attaching conditions for Boones Ferry
Center Retirement Center ......................................
llA
Council Bill No. 2035 - Resolution selecting consultant for assessment
of certain city facilities for compliance with Americans with
Disabilities Act ..............................................
llB
Council Bill No. 2036 - Resolution authorizing execution of an Agreement
for Use of Special Police Operations Teams with City of Salem ........ 11C
Council Bill No. 2037 - Resolution authorizing execution of Police Mutual
Aid Agreement amongst various law enforcement agencies .......... 11D
Council Bill No. 2038 - Ordinance adopting the most current building
codes ......................................................
11E
F. Award of contract for transit bus purchase ........................ 1 IF
12.
13.
14.
15.
16.
17.
PUBLIC COMMENT
NEW BUSINESS
SITE PLAN ACTIONS
A. Site Plan Review 99-28 - Arby's Restaurant ....................... 14A
B. Site Plan Review 00-01 - Familian NW storage yard ................. 14B
CITY ADMINISTRATOR'S REPORT
MAYOR AND COUNCIL REPORTS
EXECUTIVE SESSION (A) To conduct deliberations with persons designated by the
governing body to carry on labor negotiations pursuant to ORS 192.660(1)(d); (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(1)(h); (C) To consider records that are exempt by law from public
inspection pursuant to ORS 192.660(1)(0
18. ADJOURNMENT
Page 2 - City Council Agenda, March 27, 2000.
PROCLAMATION
WOODBURN TULIP FESTIVAL
March 20 ThrOUgh APril 23, 2(~00
WHEREAS, EvErY YEar THE WOODEN SHOE BULB ComPaNy PRESENTS
a mONTh-LONG sErIES OF EVENTS AND ACTIVITIES COMMONLY KNOWN AS
ThE WOODbUrN TULIP FESTIVal; and
WHEREAS, ThE WOODbURN TULIP FESTiVal WELCOMES THE world TO
ViEW VAST ACRES OF BRILLIANTLY COLORED TULIPS AND DAFFODILS; AND
WHEREAS, THE WOODBURN TULIP FESTIVAL SPOTLIGHTS A UNiqUE
hOrTICULTUrAL INDUSTRY AND WAS ENJOYED LAST YEar BY MORE ThAN
220,000 VISITORS; AND
WHEREAS, ThE WOOdbUrN TULIP FESTiVal briNgS THESE ViSITOrS TO
AND ThrOUGh WOODbUrN, AND OFFERS ThEM AN OPPOrTUNiTY TO
EXPLORE OUR A~rrAcTIONS, bUSINESSES, AND NEIGhbORhOODS; AND
WHEREAS, ThE WOOdbUrN TULIP FESTiVal ProviDES fUN FILLED
ACTIVITIES For YOUNG AND OLD, LOCALS AND TourISTS ALIKE, AND AN
OPPORTUNITY TO SHARE OUR DISTINCTIVE QUALITY OF LIFE WITH ThE REST
Of ThE WORLD.
NOW THEREFORE, i, RiChard JENNINgS, Mayor Of ThE CITY Of
WOOdBUrN PrOCLAim March 20, ThrOUgh APril 23, 2000.
WOODbUrN TULIP FESTiVal MONTh
I hEREbY ASK MY FELLOW WOODbURNITES AND OrEGONIANS TO JOiN ME
IN PARTICIPATING IN AND SUPPORTING ThIS BEAUTIFUL EVENT That
PROMOTES WOODbUrN.
IN WITNESS WHEREOF, i HEREUNTO SET mY hAND AND CAUSED The
SEal Of ThE CITY Of WOODbUrN TO bE affiXED ThIS 27TM DaY Of March
2000.
RiCHArd JENNINGS
MAYOR, CitY Of WOODBURN
8A
COUNCIL MEETING MINUTES
MARCH 13, 2000
TAPE
0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, MARCH 13, 2000.
CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding.
0007 ROLL CALL.
Mayor Jennings Present
Councilor Bjelland Present
Councilor Chadwick Present
Councilor Figley Present
Councilor Kilmurray Present
Councilor Pugh Absent
Councilor Sifuentez Present
Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director
Tiwari, Park & Recreation Director Westrick, Police Chief Null, Library Director
Sprauer, Public Works Manager Rohman, City Recorder Tennant
Mayor Jennings stated that Councilor Pugh was back in the hospital earlier today and,
after having a number of tests performed, they were unable to determine what is causing
his current medical problems. He had requested that his Mid Willamette Area
Commission on Transportation presentation be held over to the next regular meeting.
0049
ANNOUNCEMENTS.
A) Local Law Enforcement Block Grant (LLEBG) public hearing will be held before
the City Council on March 27, 2000, 7:00 p.m., in the City Hall Council Chambers.
B) Friends of the Library Book Sale will be held beginning Thursday, March 16th, and
cohcluding on Saturday, March 18th.
C) Woodburn Public Library Programs:
1) March 16th, 7:00 p.m, at City Hall - "Live at the Library" by garden designer and
author Barbara Ashmun; and
2) March 26th, 2:00 p.m., at City Hall - "Bridge Stories" by Portland author Sharon
Wood Wortman
Mayor Jennings also stated that the Governor will be signing a proclamation tomorrow to
begin the Census, however, he is declaring today as Woodbum's celebration day. He
received the short form of the Census in the mall today and was surprised to see that there
were only 6 questions to answer on each member of the household. He urged Woodbum
residents to complete the Census form since it affects population data that is used in
determining revenue distribution to our local schools and to the City.
Page I - Council Meeting Minutes, March 13, 2000
COUNCIL MEETING MINUTES
MARCH 13, 2000
8A
TAPE
READING
k
0139 PROCLAMATION: MEDIA DEMOCRACY WEEK - MAR(~H 19-25, 2000.
Mayor Jennings proclaimed the week of March 19-25, 2000 as Media Democracy Week
within the City to honor the work of Woodburn Community Access Television in its
efforts to educate the community on the role of media democracy in the perpetuation of
liberty and freedom.
0174
CHAMBER OF COMMERCE REPORT.
Don Judson, representing the Chamber Board, reminded the Council of the upcoming
events:
1) Business After Hours - March 23fa, 4:00 pm, at the Wooden Shoe Bulb Company; and
2) Chamber Business Forum - March 15a', 12:00 noon, at the Woodburn Medical Center
with the guest speaker being County Commissioner Mike Ryan who will deliver the
"State of the County" address.
He also reminded the public that Woodburn Tulip Festival T-shirts will be on sale
starting March 20th at several locations in town. The artist is Sandy Notle and the shirts
have been co-sponsored by Ticor Title and Hallmark Properties.
0219 Mayor Jennings also announced that the restrooms at Settlemier and Legion Parks will be
open starting March 20th for the summer months.
0230
CONSENT AGENDA.
A) Council regular and executive session minutes of February 28, 2000;
B) Planning Commission minutes of February 24, 2000;
C) Building Activity report for the month of February 2000;
D) Claims for the month of February 2000; and
E) Letter of support for passenger train service feasibility study.
FIGLEY/BJELLAND... consent agenda be adopted as presented with the exception of
Item E which she would like to discuss. The motion passed unanimously.
Councilor Figley stated that she had met with approximately 30 local citizens last week
on the issue of establishing a recreational passenger train service between Woodburn and
eastern Marion County, and a commuter service between Woodburn and areas north and
south. As a result of this meeting, a request was made for the City Council to authorize
the Mayor to sign a letter of support for application of a grant for a feasibility study to see
if train service is a viable option and, if so, the estimated start-up and operational costs.
She stated that there is no financial commitment on the part of the City at this time and
she urged Council support for this grant application.
FIGLEY/KILMURRAY... execute the letter of support which is included in the agenda
packet for the passenger train service feasibility study.
Councilor Bjelland questioned what other uses are allowed for the Oregon Rural
Investment Fund since he did not want to jeopardize the City's opportunity to obtain
Page 2 - Council Meeting Minutes, March 13, 2000
TAPE
READING
O396
COUNCIL MEETING MINUTES
MARCH 13, 2000
these funds for any other use that may enhance the City.
Administrator Brown stated that the deadline for submitting grant applications for this
biennium is this spring and, at this time, staff does not have any project pending that
would use this source of funding.
The motion passed unanimously.
COUNCIL BILL 2030 - RESOLUTION ENTERING INTO GRANT
AGREEMENT NO.17742 WITH THE STATE OF OREGON FOR A CAPITAL
8A
0422
ASSISTANCE TRANSIT GRANT.
Councilor Chadwick introduced Council Bill 2030. 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 2030 duly passed.
COUNCIL BILL 2031 - RESOLUTION ENTERING INTO A CONTRACT
AMENDMENT TO THE WATER/WAS~WA~R FINANCING PROGRAM
0446
FINANCIAL ASSISTANCE AWARD (Mill Creek Force Main Project).
Council Bill 2031 was introduced by Councilor Chadwick. 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 2031
duly passed.
COUNCIL BILL 2032 - RESOLUTION ENTERING INTO A CONTRACT
AMENDMENT TO THE SPECIAL PUBLIC WORKS FUND FINANCIAL
0468
ASSISTANCE AWARD (Woodland Avenue Improvements).
Council Bill 2032 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 2032 duly passed.
COUNCIL BILL 2033 - RESOLUTION ENTERING INTO AN AGREEMENT
WITH DEHAAS & ASSOCIATES FOR PROFESSIONAL ENGINEERING
CONSULTANT SERVICES TO PROVIDE DESIGN IMPROVEMENT PLANS
0500
FOR E. HARDCASTLE STREET.
Councilor Chadwick introduced Council Bill 2033. 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 2033 duly
passed.
COMPENSATION PACKAGE FOR ASSISTANT CITY ENGINEER POSITION.
Administrator Brown stated that staff has been unable to fill this position over the last 18
months due to the demand in both the private and public sector for licensed professional
Page 3 - Council Meeting Minutes, March 13, 2000
COUNCIL MEETING MINUTES
MARCH 13, 2000
8A
TAPE
engineers. During the last recruitment process, two individuals were offered the position,
however, both declined due, in part, to the salary range being offered. It was noted that in
October 1999, just prior to this last recruitment, the Council had increased the Assistant
City Engineer salary by 10%. Staff is recommending that the Council increase the salary
range for this position by another 5% (M13 to M14) and this increase, coupled with a
COLA adjustment of approximately 2.5%, bring the salary level up to an amount which
may attract qualified applicants.
FIGLEY/KILMURRAY... authorize the position of the new Assistant City Engineer be
established at the salary range of M14.
Councilor Figley stated that she did compare this salary level with some job
announcements for similar positions in the newspaper and found that the salary range
needs to be increased as per the staff's proposal.
Councilor Kilmurray stated that it is a very competitive job market for not only this
profession but in other areas and to recruit qualified candidates requires an adjustment in
the salary range.
The motion passed unanimously.
O6O6
BID #20-13: LIBRARY SELF-CHECKOUT SYSTEM.
Bids for the Library self-checkout system were received from the following vendors:
Codeco Canada, $21,950.00; 3M Safety & Security Systems, $24,300.00; and Knogo
North America, $30,550.00.
Staff recommended the acceptance of the second low bid since the low bidder failed to
provide proof that they were certified by Dynix to be fully compatible and they also failed
to provide the requested references for Dynix installations.
FIGLEY/SIFUENTEZ... Award City of Woodbum bid no. 20-13 to 3M Safety and
Security Systems Division in the amount of $24,300.00 and authorize the City
Administrator to sign the contract for the purchase and installation.
The motion passed unanimously.
0627
BID #20-15: STORM SEWER PIPE.
Bids for ductile iron pipe were received from the following vendors: Pacific States Cast
Iron Pipe, $10,303.20; United Pipe and Supply, $10,915.56; and US Filters, $11,224.48.
Staff recommended the acceptance of the low bid from Pacific States Cast Iron Pipe.
FIGLEY/SIFUENTEZ... award bid 820-15 for ductile iron pipe to Pacific States Cast
Iron Pipe Co. in the amount of $10,303.20. The motion passed unanimously.
0647
REJECTION OF BIDS FOR USED PICK-UP TRUCK: BID #20-11.
Bids for a used 3/4 T Utility truck with a service body were received from the following
vendors: Hershberger Motors, $14,295.00; and Northwest Truckstel Sales, $24,500.00.
Staff recommended that the bids be rejected since the low bid did not meet specifications
Page 4 - Council Meeting Minutes, March 13, 2000
4E
MEMO
TO :
THROUGH :
FROM :
DATE :
SUBJECT :
Mayor and Council
John Brown, City Administrato
Mary Tennant, City Recorder
March 16, 2000
FILING PERIODS FOR MAYOR AND COUNCIL POSITIONS
The filing period for Mayor and Council candidates is now open and nomination petitions will be
accepted until Tuesday, August 28, 2000, at 5:00 p.m..
The positions to be voted upon by the City electors are as follows:
Mayor At-large position
Councilor - Ward I Precinct 124 & 128
Councilor - Ward Il Precinct 126
Councilor - Ward VI Precinct 129
To qualify as a candidate for Mayor, a person must be a registered voter and a resident of the City
during the 12 months immediately preceding the November 7th general election. To qualify as a
candidate for Councilor, a person needs to be a registered voter, a resident of the City during the
12 months immediately preceding the November 7~ general election, and a resident of the Ward
from which he or she is elected.
Anyone interested in filing for office can obtain a packet of election materials at the City
Recorder's Office during regular business hours (Monday through Friday, 8:00 am to 5:00 pm).
COUNCIL MEETING MINUTES
MARCH 13, 2000
8A
TAPE
READING
and the high bid was in excess of funds budgeted for this replacemlent vehicle.
FIGLEY/SIFUENTEZ...reject all bids for Bid #20-11 for a used 3/4 T utility truck with
a service body. The motion passed unanimously.
0666
LIQUOR LICENSE APPLICATION: CIGARETTES-N-MORE, 559 N PACIFIC
HIGHWAY.
Staff recommended approval of a new outlet package store liquor license for Cigarettes-
N-More located at 559 N. Pacific Highway.
FIGLEY/SIFUENTEZ .... recommend to OLCC approval of a package store liquor
license for Nasario and Barbara Flores, Cigarettes-N-More, located at 559 N Pacific
Highway. The motion passed unanimously.
0683
LIQUOR LICENSE APPLICATION: BIG KMART, 1475 MT. HOOD AVE.
Staff recommended approval of a new outlet package store liquor license for Big Kmart
(formerly known as Kmart) located at 1475 Mt. Hood Avenue.
FIGLEY/SIFUENTEZ... recommend to OLCC approval of a package store liquor
license for Big Kmart located at 1475 Mt. Hood Ave.
Councilor Kilmurry questioned if other Kmart stores are selling liquor at their outlets.
Chief Null stated that Kmart stores are moving towards that direction but he is unaware
as to how many have liquor licenses at this time.
It was noted that the Kmart stores in California sell alcohol and several stores in
Woodburn such as Rite-Aid and Bi-Mart also sell alcohol.
The motion passed unanimously.
0742 DISCUSSION AND DIRECTION TO STAFF CONCERNING I-5 WOODBURN
INTERCHANGE REFINEMENT STUDY.
Mayor Jennings stated that the this discussion will be limited to the Refinement Study
which was provided to the Council in advance of this meeting. Additionally, some
Planning Commission members are in the audience and he would be asking them for their
input prior to the close of this discussion topic.
Councilor Figley expressed her desire to have an interactive discussion, however, a
decision should be delayed until such time as Councilor Pugh returns since he has been
very involved with transportation issues as a member of MWACT.
Mayor Jennings stated that it is his understanding that the City is already past the deadline
for a reply to ODOT and it is imperative that a letter be sent in the very near future or the
City would be in non-compliance.
Administrator Brown stated that the deadline was March 3rd, however, staff was able to
delay our response to ODOT until after this meeting so that staff could prepare a
consolidated response to ODOT. He would be contacting Councilor Pugh to review the
consolidated response from this meeting and, if he had a point of view differing from the
Page 5 - Council Meeting Minutes, March 13, 2000
COUNCIL MEETING MINUTES
MARCH 13, 2000
8A
TAPE
READING
consolidated response, he could still provide an individual response to ODOT.
Administrator Brown proceeded to summarize the refinement study prepared by ODOT.
He stated that staff had prepared a draft response letter, however, Council input is
necessary before the letter is finalized and submitted to ODOT. The refinement study
prepared by ODOT states that the current interchange can be upgraded to where a second
interchange will not be necessary over the next 20 years. ODOT is proposing a partial
cloverleaf interchange improvement which will cost an estimated $17 million which
excludes right-of-way acquisition or local street circulation improvements necessary to
deal with ODOT access management policies that they want to implement in the
refinement plan. Once the study has been finalized by ODOT, the Council would be
expected to adopt the refinement study and, following that, the Council is expected to
amend the City's Transportation and Comprehensive Plans so that if bond money
becomes available in May 2000 this project can be placed on the STIP and funded for
completion. ODOT also wants to have this plan approved before any environmental
assessment takes place and it should focus only on the partial cloverleaf and standard
diamond improvement options.
Administrator Brown reviewed the following staff concerns:
1) Refinement study was undertaken as a requirement of the Woodburn Transportation
System Plan, however, it was initiated without the City's policy input on the scope of the
study and, as a result, in staff's opinion, it was unnecessarily narrow and focuses on what
can be done to make one interchange workable rather than looking at the entire regional
area such as a looking at a second interchange.
2) Staff meetings with ODOT repeatedly urged ODOT to evaluate a second interchange,
however, those requests were not included in the scope of the study. The study does refer
to the second interchange but the comments in the study are focused on an "after the fact"
justification as to why it was not included in the study. Staff feels that the City's point of
view should have been taken more into account at the beginning of the study. The study
indicates that the time to look at the second interchange issue is with another study
involving Marion County.
3) Staff feels that the population figures used in this report are low and the interchange
will become congested and overcrowded within a few years. The population figure in the
report is 26,290 as Woodbum's 20 year population estimate, whereas, Marion County has
established an Urban Growth Management Task Force and they foresee revised
population figures being upgraded every five years based on the amount of growth the
area is experiencing. The City's estimated population for 20 years out when determining
the size of the wastewater treatment plant is between 35,000 and 40,000 population and,
if these figures are correct, the interchange will be undersized in a short period of time
and the Council will again be faced with the question of what to do to alleviate the
congestion at the interchange.
4) Commuter traffic to and through Woodburn going east and west is another concern
Page 6 - Council Meeting Minutes, March 13, 2000
COUNCIL MEETING MINUTES
MARCH 13, 2000
8A
TAPE
since the report indicates that 10% of the traffic is from this type of usage. Staff feels that
this percentage is low and further study should be done as to how much traffic would be
diverted from the Woodbum exit if a second interchange exit was located at either
Butteville Road or the Gervais/St. Louis Road.
5) In regards to public transit, rail service was not being considered by ODOT as an
option for moving commuters. Staff feels that this should also be looked at more
thoroughly by ODOT since it may change the draft numbers as it relates to overall
capacity.
6) Federal and State policy cited by ODOT states that these governmental units will not
allow a second interchange, however, there are most generally waivers to policies if a
case has been made. As of this date, no one has made a case to construct a second
interchange and, staff has been told that, except for the City, no one is interested in
making a case since there is no benefit to the system for including a second interchange.
He suggested that a number of businesses who, if able to locate in this area, would want
to have a second interchange thereby making it an economic benefit to those businesses,
the State of Oregon, and the City.
7) City is being asked to amend its Transportation Plan and staff feels that it should not
be done until the Environmental Assessment Study is completed and options analyzed.
Staff has suggested to ODOT that a modified cloverleaf proposal ($3-$4 million) would
be more cost effective than the partial cloverleaf ($17 million) proposal provided that
Highway 214 is widened and a full-time right turn lane onto the freeway is constructed.
8) Another major concern relates to the State's urgency to implement their Access
Management Program which would provide for closure of private accesses from
Woodland Avenue to Oregon Way. Closure of these accesses will have some impact on
the local businesses. If this occurs, alternate circulation routes on local city streets would
occur and the City may need expend funds to facilitate improvements that could
otherwise be used towards the widening of Highway 214 east of Oregon Way.
9) The widening of Highway 214 in the Refinement Plan would go to Oregon Way,
however, the City has been seeking a widening of the highway to Settlemier Avenue.
Staff is concern that the plan does not explain why ODOT dismissed the widening project
to Settlemier since it is necessary to alleviate the congestion along the highway.
10) In regards to the conditions, they have been modified since the February 6, 2000
workshop discussion with ODOT. Included in the Executive Summary of the Plan, land
use issues need to be negotiated and agreed upon, however, based on conditions placed
on receiving the bond money, the Oregon Transportation Commission would limit the
City's ability to grow around the interchange until this project is funded and ready for
construction. Staff disagrees with this requirement since there is a land use process
which is in place to deal with the State's concerns about the City's growth and the City
should not be bargaining that process away in exchange for the interchange improvement.
He stated that staff suggests that, since it is State policies being carried out, it would be
Page 7 - Council Meeting Minutes, March 13, 2000
COUNCIL MEETING MINUTES
MARCH 13, 2000
TAPE
READING
appropriate for the State to pay for whatever amount it make take. Further, local monies
generated through the Transportation Impact Fees and a General Fund contribution last
year to would be use to length the distance of the Highway 214 widening from Oregon
Way down to Settlemier.
11) Another concern is the time frame (6 years) in which to complete the project once the
bond money has been approved. In his opinion, the urgency to adopt the Refinement
Plan is partially in recognition of the fact that if the bond money is approved, the State
can move forward in order to complete the project within the 6 year time period. Staff
concurs that they do not want to lose the opportunity to improve the interchange,
however, it has taken many years to get to this point and he suggested that the Council not
be in an immediate rush to adopt any changes in the Transportation Plan until (1) the
election has been completed, (2) City reaches a closer agreement with the State on the
conditions they want to impose, and (3) the citizens have an opportunity to talk about this
Study in a workshop setting.
1692
Mayor Jennings stated that his basic problem is in the Executive Summary since it
addresses land use issues and local circulation improvements. Additionally, he would not
recommend a change to the Transportation System Plan that limits the City's ability to
use what land the City has in the Urban Growth Boundary in the I-5 interchange area..
Administrator Brown stated that staff would suggest that the City work backwards from
Settlemier to I-5 since the City has done the Highway 214 widening analysis. City
funding could be used for widening improvements for as far as the funding would allow.
Additionally, the Marion County study should be implemented along with the City's
Economic Opportunities Study which will either prove or disprove the need for a second
interchange based on industrial demand over the next 20 years. Staff feels that highway
widening should begin before negotiating accesses with property owners commence in
preparation for the actual interchange improvement.
Mayor Jennings suggested that the City may want to start the widening project at Park
Avenue which he considers to be the most dangerous area since there are no sidewalks
west of Park Ave. and a traffic signal is necessary for pedestrians trying to cross Highway
214 to the Salud Medical Center.
Councilor Chadwick stated that most the people that she has spoken with have indicated
that they want the City to pursue a second interchange.
Councilor Sifuentez agreed with comments made by the City Administrator and that they
should be forwarded in the report to ODOT. She expressed her opinion that the City's
input is very critical and, if the State is not willing to work towards what the City needs,
then the City needs to retain funds that will be used to make Highway 214 improvements.
Councilor Bjelland stated that he had a slightly different perspective on this issue. His
Page 8 - Council Meeting Minutes, March 13, 2000
8A
COUNCIL MEETING MINUTES
MARCH 13, 2000
8A
TAPE
READING
concern is that the City is facing a significant transportation problem and, even though a
second interchange is desirable, the State's policy is to improve existing structures until
such time as they have maximized the improvements at the existing interchanges. He
also stated that the second interchange is outside the city limits, therefore, it will need to
be a Marion County issue. The City can suggest that it be included in the City's plan,
however, it will not happen unless the area is within the City limits. He suggested that
the City look at what is feasible based on the alternatives available. If the bond issue
fails, then the City will need to rely on the Statewide Transportation Improvement Plan
(STIP) process for any improvement. In his opinion, the City should focus on the
alternatives within the Refinement Study and hold back on the need to add in comments
relating to studies for a second interchange at this time. He stated that he has concerns in
obligating the City to land use issues, access management, and local circulation
improvements but, in his reading of the document, agreements with ODOT still need to
be developed and executed during project development. He feels that there will still be
local control over those issues and would not like to see the City lose any opportunity to
move forward on this interchange improvement by objecting to language which, in his
opinion, still gives the City some measure of control. He also agreed that Highway 214
needs to be widened to at least Settlemier/Boones Ferry Rd. He felt that ODOT would
still be open to alternative ways of reducing the cost of the interchange improvement
project.
2284 Councilor Kilmurray stated that she did not want to do anything that would stop the
process, however, she believed that the City needs to take a position. She expressed her
support for widening Highway 214 to Settlemier/Boones Ferry Rd and, if possible, to
Park Avenue due to life safety issues. She stated that she supported of a second
interchange but she was unclear as to how much control the City had over the decision
making process on this issue.
Administrator Brown stated that it is his understanding that ODOT is requesting that the
City amend its Transportation Systems Plan (TSP) to say that the appropriate repair for
the existing interchange is the one being proposed in the Refinement Study. ODOT has
stated that the City's TSP is a preference statement since the City does not have any
control over it since it is not in the City's Urban Growth Boundary. Any statement made
in the revised TSP would continue to be an advisory statement to Marion County who
would be the appropriate lead agency in trying to secure a second interchange.
Mayor Jennings stated that the Transportation Task Force, which included members from
ODOT, wanted to have the second interchange in the City's plan as an option. ODOT
agreed to allow the statement to remain in the Plan since the City did not prioritize the 3
options listed in the Plan.
Councilor Kilmurray stated that it was her understanding that a meeting was scheduled
for Friday at Senior Estates for citizen input and did not feel that she would be supportive
of ~,oting on this issue until the input has been received from our local citizens.
Page 9 - Council Meeting Minutes, March 13, 2000
COUNCIL MEETING MINUTES
MARCH 13, 2000
TAPE
READING
James Cox, Planning Commission member, stated that the Planning Commission has not
discussed this draft plan as of yet. He stated that he was unaware of a time line on
responding back to ODOT and was interested in hearing the comments made by the
Mayor and Council.
Councilor Figley stated that she had responded in writing on the draft Plan, however, she
was surprised that the information had been released sooner than she expected. She
stated that she was in agreement of a number of issues addressed in the Plan, however,
she addressed the following issues in which she had concerns:
1) ODOT's population figures are considerably lower than estimates being used by the
City and other agencies;
2) Estimates used to determine commuter traffic through Woodburn are very low;
3) Widening of Highway 214 has been needed for the last 10 to 15 years and she
understood the reasoning for widening to Oregon Way based on the possible one-time
opportunity for funding through the bond issue. However, if the funding is not available,
a $5 million project might be approved through the STIP process whereas a $17 million
project will not be as easy to obtain.
4) Planning prerogatives and land use decision making prerogatives are under the
jurisdiction of the City and/or between the City, County, and LDCD and do not involve
ODOT.
Councilor Bjelland stated that he did not want to lock the City into any commitments. If
the bond issue fails, there will probably be significant changes to what is being planned
for short term improvements and the importance of widening Highway 214 will move
forward in being an effective use of dollars. He is also concern with the population
figures in the Plan, however, exceeding the projections will lend itself for pressure to look
at a second interchange. Every 5 years, the City is required to go through a planning
process which will adjust the population figures, the transportation plan, and commuter
traffic counts thereby supporting the need for a second interchange.
Mayor Jennings stated that he felt the 10% east-west traffic is too low and it should be at
a 20-25% level as of today with more growth in store as the cities to the east continue to
grow.
Tape 2
Claudio Lima, Planning Commission member, stated that he is very concern since an
interchange improvement is necessary at this time. He agreed that a second interchange
may be an alternative but action needs to be taken now to get the proposed interchange
improvement approved for funding.
Administrator Brown stated that, based on viewpoints expressed by Councilors Bjelland
and Kilmurray, the letter to ODOT should focus on the deficiency in population numbers
rather than the second interchange. He suggested that the letter would also focus on a
phased repaired of the existing interchange that would allow for the additional studies to
Page 10 - Council Meeting Minutes, March 13, 2000
8A
TAPE
READING
0220
0368
COUNCIL MEETING MINUTES
MARCH 13, 2000
take place in order to see how much improvement is necessary. Highway 214 widening
has been a primary objective of the staff and Council and the reason for the interchange
improvement is related to bond issue funds if the gas tax measure receives voter approval.
He stated that his interpretation of the Council's comments is that they are willing to
support statements that the Plan can be fixed to that particular interchange as long as
there is adequate environmental assessment that is completed before the final decision is
made and that cost effectiveness is taken in account into whatever is implemented.
Additionally, the letter should state that the City is not interested in paying for the
circulation and access management and are interested in investing City money into the
portion of the project that would not be otherwise provided by the State. He stated that he
would have a revised draft letter by Wednesday for Mayor and Council review, however,
it will not be mailed until Friday.
Councilor Bjelland stated that if the bond issue is defeated, the City will then need to go
through the STIP process which will require more flexibility and assurance that the City
will get cost effective utilization of funds.
Councilor Figley stated that the Council is supportive of the need to widen Highway 214
regardless of the outcome of the bond measure and supportive of any additional
improvements that prove to be cost effective given the financing available.
Barbara Lucas, 214 E. Clackamas, provided the Councilors with an invitation to attend a
Valley Forum to be held at Senior Estates on Friday, March 17th, 2:00 pm - 4:00 pm,
regarding the I-5 Interchange Refinement Plan. A list of questions has been given to the
presenters, Jay McRae representing ODOT, and John Brown, City Administrator.
Preston Tack, 2197 Camilla Way, expressed his concern with the status of State roadways
going east and west of Woodburn. He feels that the second interchange is important and
it would minimize what needs to be done at the I-5/Highway 214 interchange.
MAYOR AND COUNCIL REPORTS.
Councilor Sifuentez thanked the Woodbum residents who participated in the Governor's
Food Drive which raised $4,100 and 300 lbs of food which goes to the local food bank.
Councilor Kilmurray thanked the Public Works Director for doing the traffic study on E.
Hardcastle. She also suggested that a traffic study also be done on Alexander since there
are concerns that motorists continue to speed on that stretch of roadway. She also stated
that she would be attending the Fire Board meeting tomorrow night and she would be
questioning the Fire Board on the speed bump issue. Lastly, she questioned the fee
charged by the Library for non-city residents when they check out books at the Library.
Director Sprauer stated that the Library charges $10.00 per household per year to check
out more than 1 book per visit. She stated that Woodburn is one of seven Libraries that
charge a fee to non-city residents since they do not pay the same tax rate as city taxpayers
for library operations.
8A
Page 11 - Council Meeting Minutes, March 13, 2000
TAPE
READING
0623
0640
COUNCIL MEETING MINUTES
MARCH 13, 2000
Mayor Jennings thanked Nancy DeVault, Mary Parra, and Pat Chandler-Smith who read
stories to Kindergarten classes last week as part of "Read Across America" day. Police
Officer Jim Don also read to several classes of students whose primary language is
Russian.
Councilor Figley informed the public that the chairs used by the audience in the Council
Chambers are being re-upholstered by students at MacLaren School.
Administrator Brown stated that demo chairs have been ordered and, once a style is
decided upon, replacement chairs for the Mayor and Councilors will be ordered.
EXECUTIVE SESSION.
Mayor Jennings entertained a motion to adjourn into executive session under the
authority of ORS 192.660( 1 )(d), ORS 192.660(1)(h), and ORS 192.660(f).
FIGLEY/BJELLAND... adjourn to executive session under the statutes cited by the
Mayor. The motion passed unanimously.
The Council adjourned to executive session at 8:55 p.m. and reconvened the meeting at
9:57 p.m..
Mayor Jennings stated that no action was taken by the Council during the executive
session.
FIGLEY/BJELLAND .... meeting be adjourned. The motion passed unanimously. The
meeting adjourned at 9:58 p.m..
8A
APPROVED
RICHARD JENNINGS, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 12 - Council Meeting Minutes, March 13, 2000
Executive Session
COUNCIL MEETING MINUTES
March 13, 2000
8A
DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, MARCH 13, 2000. _~
CONVENED. The Council met in executive session at 9:01 p.m. with Mayor Jennings presiding.
ROLL CALL.
Mayor Jennings Present
Councilor Bjelland Present
Councilor Chadwick Present
Councilor Figley Present
Councilor Kilmurray Present
Councilor Pugh Absent
Councilor Sifuentez Present
Mayor Jennings reminded the Councilors and staff that information discussed in executive session is
not to be discussed with the public.
Staff Present: City Administrator Brown, City Attorney Shields, City Recorder Tennant
The executive session was called under the following statutory authority:
1) ORS 192.660(1)(d) to conduct deliberations with persons designated by the goveming body to carry
on labor negotiations;
2) ORS 192.660(1)(h) 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; and
3) ORS 192.660(1)(0 to consider records that are exempt by law from public inspection.
ADJOURNMENT.
The executive session adjourned at 9:55 p.m..
APPROVED
RICHARD JENNINGS, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodbum, Oregon
Page 1 - Council Executive Session Minutes, March 13, 2000
WOODBURN PLANNING COMMISSION
March 9, 2000
CONVENED The Planning Commission met in a regular session at 7:00 p.m. with
Chairperson Young presiding.
ROLL CALL
Chairperson Young P
Vice Chairperson Cox P
Commissioner Fletcher P
Commissioner Grijalva A
Commissioner Lima P
Commissioner Mill A
Commissioner Bandelow P
Commissioner Lonergan P
Commissioner Heer P
.1
Staff Present:
Steve Goeckritz, Community Development Director
Jim Mulder, Senior Planner
8B
Chairperson Young read the opening statement.
MINUTES
Commissioner Lima pointed out guest speaker Dave Christoff did not make his
presentation as listed in the minutes. Commissioner Lonergan moved to accept the
minutes of the February 24, 2000 Planning Commission meeting with the noted change.
Commissioner Heer seconded the motion, which carried.
BUSINESS FROM THE AUDIENCE
None
COMMUNICATIONS
A.~. Memo from Planning Staff to the Planning Commission regarding Capital
Improvement Projects.
Commissioner Loner~an requested lighting for the Downtown area.
Staff reported they have met with a few lighting consultants regarding the different types
of light standards they would like to see in the Downtown area. He indicated the total
budget per light standard is about $4,000.
Commissioner Heer suggested Staff write a letter with the Chairperson's signature stating
the Planning Commission suggests that sidewalks be placed along the location on Highway
214 were all the people walk. She stated this is a really important issue and therefore a
Planning Commission Meeting - March 9, 2000 Page 1 of 7
8B
letter would support that the Commission thinks it is important.
Staff inquired whether the Commission would like this issue combined with the lighting
suggestion?
Commissioner Young remarked it is best to come with more thanjsuggestion and then
lump them up on one letter. He indicated he would like to have a community center plan
in the works. Also, he stated he is very excited with the extension of the museum hours.
Commissioner Lima said the neighborhood on Alexandra Avenue would like to have an
additional light on the north side of Alexandra where the backyard of the Church of God
is.
Vice Chairperson Cox asked whether projects that are already in the mill and are going to
be partially financed by local improvement districts need to be included? He stated he
wants the Boones Ferry Road projects, Front Street and some of the other road
improvement projects to stay right up at the front burner and does not want them to get
pushed aside. Vice Chairperson Cox personally requested these projects to stay on the
priority list.
Staff replied it would be appropriate to include those projects. He suggested the
Commission prioritize these projects in order to give the Council some sense of direction.
Staff will identify the list he has so far and he would like the Commission to take some
action as to prioritize those Capital Improvements.
Vice Chairperson Cox remarked the sidewalk project is important and he would like to see
that placed on the list.
Staff commented he will convey to the Council for emphasis sidewalks and street
improvements on Front Street from the north portion of Front past the school.
Commissioner Bandelow questioned if there is any additional weight given to items that are
health and safety issues such as the sidewalks on 2147
Staff responded safety issues are higher priority.
Vice Chairperson Cox requested that Public Works give a ball park figure to put in
appropriate speed bumps and signage.
Staff will try to secure this information from the Public Works Department.
· provide a dollar amount for each project.
Staff will
B._~. City Council Minutes of February 14, 2000.
Commissioner Fletcher pointed out in the Council minutes of January 6, 2000 they had him
as present under Planning Commission members present section. He inquired whether
Planning Commission Meeting - March 9, 2000 Page 2 of 7
8B
in order to correct the record he has to write a letter to the City stating he was not at the
Council meeting?
Staff will raise this issue with the City Recorder.
GUEST SPEAKER j
A.~. Dave Christoff, Buildable Lands Committee Chairperson to discuss the
Buildable Lands and Urbanization Project.
Dave Christoff said he felt the report was well written, very comprehensive and easy to
understand. Dave commented the report is very representative of the spirit and the
findings that the Committee voiced at their meetings. He explained the Committee's
findings are very similar to the consultant's with the exception of terminology and possibly
some philosophical points of view. However, they were criticized in the report in terms of
not embracing some of the points of views that the consultant brought in regards to
SMART Development. Dave indicated that in spirit, Woodburn has already adopted
SMART Development well before the State required it in our community. He further stated
that we have met the housing needs better than many of the communities. Dave
mentioned one area where they differ from the consultants is they did not have any
preconceived ideas or conclusions. They honestly and sincerely reviewed all the material
that was presented and they were instructed to listen to the community. Presentations
were made to service clubs and a non-scientific survey was made up just to obtain ideas
and opinions. Dave reported the biggest discrepancy found was that the Committee felt
that PUD's were a better way to embrace SMART Development because you get to look
at a community development rather than a subdivision. Additionally, he related the
Committee made recommendations on larger lot sizes because in reviewing other
communities and neighborhoods, it seemed that the larger lofted subdivisions tend to
revitalize. The smaller lofted subdivisions tend to breakdown, especially during economic
hardships. Furthermore, Dave stated Woodburn has a lack and great need for larger lotted
subdivisions. He commented Woodburn has a higher number of people per household
than the State. Therefore, why shouldn't it have a higher goal for employment
opportunities per household than the rest of the State. The Committee's goal was to
provide good employment opportunities for the people that live in Woodburn. In closing,
Dave felt the report really did and does describe what the Committee intended it to. He
also commended the Staff, the Mayor and everyone that provided their assistance
especially Teresa Engeldinger, Steve Goeckritz, John Brown and JoAnn Bjelland.
Chairperson Younf:l said it was commented at the last meeting that the report was very
understandable and well done. He indicated he really appreciateS the efforts that have
gone into making the report possible.
· Vice Chairperson Cox asked Dave how will all of this come together and where do we go
from here?
Staff interjected it will be a workshop process from now until the Council has their
Planning Commission Meeting - March 9, 2000 Page 3 of 7
opportunity to provide some direction.
Vice Chairperson Cox expressed his concerns that LCDC may find information from the
report to deny some of the Committee's recommendations which differ from the
consultant's recommendations. He indicated he fears that the Committee's
recommendations will run afoul of what is in the consultant's repo[ljif this is not handled
properly. Vice Chairperson Cox recommended that this document be considered simply
a working document and that it not be presented to LCDC.
Staff explained we will have to be able to substantiate the recommendations of all bodies
and work up findings and conclusions to be able to substantiate that so that hopefully, it
not be interpreted as violation of some land use law.
Vice Chairperson Cox said our official position should be the portion that goes on to LCDC.
Dave Christoff interjected to say the report is a working document. Dave commented John
Brown's discussion of the findings and conclusions with LCDC and the consultant. He
stated he felt they have been perceived as working in good faith with their responsibility
falling within the guidelines of LCDC. However, he feels there is a misunderstanding or
miscommunication in the way we embrace the terminology. Dave remarked the consultant
had a hard challenge and an obligation to his employer, which is not the City of VVoodburn.
Staff requested some time be set aside in the form of a workshop at the next meeting to
discuss issues, concerns and/or recommendations that we will pass on to the Council.
PUBLIC HEARING
A_.~. Variance 00-01, to allow an off-premises sign for a proposed Jack-in-the-Box
restaurant to be placed on an existing freestanding sign located on the south
side of Hawthorne Inn and Suites at 120 Arney Road, Charlie Patton, applicant.
Staff read the applicable ORS Statement and provided a presentation as reflected in the
Staff Report. Staff recommended approval.
Charlie Patton, 4500 SW Kruse Way, Suite 270, Lake Oswego, OR 97035 stated Staff and
Jack-in-the Box have been working closely to try to find a solution to enable them to have
adequate identification from the freeway. He emphasized it is absolutely critical that they
can be seen from the freeway. He informed the Commission they will be open 24 hours
a day and as such they need to be able to pull from the freeway. Mr. Patton indicated this
is their first freeway site in Oregon.
Commissioner Fletcher asked if there is a formula that you should be able to pick up your
· sign so many yards in advanced so that you can make the decision to turn off?
Charlie Patton answered this would be ideal. He stated the blue board signs on the
freeway are full. Mr. Patton said there is a win/win component. They win if they get on that
8B
Planning Commission Meeting - March 9, 2000
Page 4 of 7
8B
sign by getting good visibility and the City wins because they avoid the clutter that would
occur if they put another sign up. Mr. Patton reported worst case scenario would be they
go back and reassess whether or not this site makes sense for them.
Commissioner Lima inquired if the proposed sign approved by Mr. Patton's organization
is the only sign they want?
Charlie Patton replied their concern is they want to be seen from the freeway and he has
to be able to deliver that to them.
TESTIMONY BY PROPONENTS
None
TESTIMONY BY OPPONENTS
None
Chairperson Young closed the public hearing and opened the discussion from the
Commission.
DISCUSSION
Vice Chairperson Cox moved to grant the Variance subject to the conditions as stated in
the Staff Report and requested Staff return at the next meeting with an order incorporating
the findings to justify the granting of the Variance. Commissioner Lima seconded the
motion. Motion unanimously carried.
FINAL ORDERS
None
DISCUSSION ITEMS
A__~. Site Plan Review 99-28, to construct a 3,200 square foot fast food restaurant
with drive thru window (Arby's), north side of Arney Road and the east side
of the driveway entrance to Woodburn RV Park, Merrick Lentz Architect,
applicant. (Administrative Review)
Commissioner Lima moved to accept administrative review of Site Plan Review 99-28.
Commissioner Heer seconded the motion, which unanimously carried.
REPORTS
A.~. Planning Project Tracking Sheet (revised)
B__~. Miller Links Subdivision (handouts)
· Staff apologized for not having the information available to the Commission at this time.
He remarked he has done some research and has provided the Chairman and Vice
Chairman the information. Staff hopes to have the final discussion at the next meeting.
Planning Commission Meeting - March 9, 2000 Page 5 of 7
8B
Vice Chairperson Cox stated the issue is being handled at the administrative level and
commented the Commission will be informed when the issue is straightened out.
Staff confirmed that the Commission will be informed.
C._~. Building Activity for Februaw 2000
BUSINESS FROM THE COMMISSION
Staff brought to the Commission's attention that the Marion County housing project located
on Park Avenue and Hardcastle Avenue may be coming back to the Commission to
reapply for a modified site plan to consider modifying the condition of a 7 foot cedar fence
on the north boundary and have a public hearing before the Planning Commission. He
reported Staff found in going out there that the applicant was not in compliance with the
7 foot cedar fence condition of approval and that instead they have installed a chain link
fence with slats. Staff explained a previous approval occurred about 4-5 months prior to
Marion County getting involved with the project. At that time, Marion County came in with
a revised plan which then got approved with the current condition. Somehow the applicant
was going off the old conditions which did not include the cedar fence requirement. Itwas
indicated by Staff that at this point the applicant has been informed that Planning Staff
does not have the authority to modify conditions of approval and that only the Planning
Commission does. Staff requested input from the Commission.
Commissioner Lonergan inquired whether this project is being paid for from tax dollars?
Staff replied it is funded by State and Federal monies.
Commissioner Bandelow asked if the reasoning for the condition of approval for a 7 foot
cedar fence on the north boundary is because of the homes along Hardcastle?
Staff responded affirmatively.
Chairperson Young said he does not remember the fence being an issue at the time the
conditions were being reviewed.
Vice Chairperson Cox asked if this was a condition recommended by Staff or was it
something the Commission wanted?
Staff answered it was Staffs recommendation. He further said the fence did not appear
to be an issue according to the minutes.
Vice Chairperson Cox suggested either the City or the applicant poll the neighborhood to
· get their reactions to this fence. He stated he does not know why the Commission should
object to the fence if the neighborhood does not have any serious objection to it. Vice
Chairperson Cox also asked if Staffwill provide the applicant an occupancy permit until this
issue is resolved?
Planning Commission Meeting - March 9, 2000 Page 6 of 7
8B
Staff said we will be able to allow the applicant occupancy until the issue is resolved. He
clarified the applicant will also have to provide some sort of security, i.e., letter of credit,
performance bond, cash deposit, in the amount of installing the cedar fence to hold until
the issue is resolved.
Commissioner Lima reported there is a pothole on the southwest co.r~er of Tierra Lynn and
Highway 214.
Staff will contact ODOT.
Vice Chairperson Cox mentioned Woodburn Company Stores has an additional plastic
sign approximately 440 square feet up between the pillars of the main sign announcing the
opening of some new stores. He commented it has been up for the last six weeks. Vice
Chairperson Cox said he noticed in the metal post of the main sign there are hooks for
grommets to fit into for additional signs.
Staff will contact the store manager about this issue.
ADJOURNMENT
Commissioner Heer moved to adjourn the meeting. Commissioner Lima seconded the
motion. Motion carried. Meeting adjourned at 8:30 p.m.
APPROVED
ROYCEYOUNG, CHAIRPERSON
DATE
ATTEST
Jim Mulder, Senior Planner
City of Woodburn, Oregon
Date
Planning Commission Meeting - March 9, 2000 Page 7 of 7
8C
MINUTES
WOODBURN RECREATION & PARKS BOARD
March 14, 2.000
Council Chamber, Woodburn City Hall
1. CALL TO ORDER - The meeting was called to order at 7 p.m. by Chair Darryl Kelly.
2. ROLL CALL - MEMBERS PRESENT: Sharon Felix, Darryl Kelly, Janet Greenwell, Frank
Anderson, Patricia Watts, Herb Mittmann, and Steering Committee members Dorothy Senatra
and Melissa Tittle.
MEMBERS ABSENT: Debbie Wolfer
STAFF PRESENT: Randy West'rick, Director; Kathy Willcox, Aquatics
Manager; Brian Sjothun, Recreation Services Manager; and Pat Chandler Smith from the Office.
3. APPROVAL OF MINUTES - Frank Anderson moved that the Minutes of the
February 8, 2000, Meeting be approved; Sharon Felix seconded his motion, and it passed
unanimously.
4. BUSINESS FROM THE AUDIENCE - There was none.
5. BUSINESS FROM THE DIRECTOR -
Randy Westrick told the Board that the administrative offices of the Department had
completed their move to City Hall, and that it was great to be there. He gave a report for John
Pitt, saying that the drainpipe had been laid at Legion Park; restrooms had opened at both Legion
and Settlemier this past week; and fertilization of the lawns at Centennial, at Cowan, Legion, City
Hall and the Library was underway.
He announced the retirement of Chaflie Briggs from Building and Facfli~ Maintenance,
and said that there would be a new custodian hired soon. That the Board might not know
Charlie, Randy attributed to the maintenance crew's efficiency, quietly getting things done. Some
part time work is also available now, given the addition of considerable more space at the Annex
and at Wastewater.
Building and Facility Maintenance has initiated a new work order process, he added,
which will help the division prioritize the increase in workload. Randy said 27 work orders were
filled out and given to the division within the very first week.
Kathy Wfllcox reported to the Board about the break-in at the Aquatic Center, the
· previous weekend; a rock had been hurled through the plate glass window/door. Estimates of
$1000 to 1500 of loss were described. She said that the division was considering contracting with
Sonitrol for an audio-based monitoring system like that at the Settlemier Drop-ln Center. Darryl
Kelly noted the recent break-in at the Drop-In Center, and added that he hoped the police were
looking into the situation. He was assured that they were. Sharon Felix wanted to know how the
monitoring system worked and what the response time was. Brian Sjothun told the Board about
his system, saying that the response was three to four minutes, and that while the first person on
the list was being called, the computer was engaged calling Dispatch. Darryl asked about thefire
alarm system at the pool which is currently a part of the HVAC system; he wondered if~it mi~ht
not pay to have both fire and burglary on the same system.
Kathy said that the district swim meets held at the pool had been very SUccessful, but that
she would not schedule two on the same weekend again, because it stretch~, both facility and
staff. She invited Board members to attend the Barracuda's meet on April 8~, adding that there
are already 200 entries.
There will be Life Guard Training on-going through Spring Break in order to prepare for
increases in staff requirements for upcoming seasons.
Willcox told the Board that group lessons are full in every class, and that school lessons for
Lincoln and Washington will be done by the end of June. Frank Anderson asked her how the
costs vs income projections looked at this point, and she said that although attendance is up,
revenue is still some low. Frank said that the marketing plan should begin to change the situation.
Kathy described the next few months' promotions for everyone.
Brian Sjothun reported on the Recreation Service Division's agreement with the School
District to provide contractual services of afternoon drop-in center facilities for both youngsters
attending the schools' summer classes and all others who normally would come. He felt that the
agreement would augment the day camp program, and he looked forward to marketing programs
to a larger audience. In addition, he mentioned that the programs during the summer provided
more employment opportunities for the city's young people.
There have been some 70 youngsters attending the Drop4n Center at Settlemier and about
50 at that at Legion. Brian said that both centers will be closed during Spring Break, citing that
not only does he not have the staff to stay open, but that he does not want to give the impression
of free child care. When Darryl Kelly asked whether or not another trailer would help, Brian said
that what was needed was for the sun to come out.
Youth Basketball served 430 young people this year, and Brian addressed the fact that this
program has a group of great coaches. Frank Anderson asked about baseball, and was told that by
July of this year the division will co-manage the "really solid" baseball program that has been in
place for some time. New volunteers are needed, Sjothun said, as well as new funding sources.
There is enough equipment, he added, to last a couple of years.
Finally, he announced that his division would be renting Salem's Extreme Sports Facility,
exclusively, twice a month from 9 to 11 a.m. and providing transportation to and from, in order
that the youth in town who would like to either roller blade or skateboard will have the
opportunity.
Randy Westrick reported that pi~rks Maintenance had had seven dangerous trees taken
· down at Settlemier Park. He added that it was timely, because it would let in more sunlight as the
gra~ growing season begins. In response to Frank Anderson's questions about the process, Randy
spoke to Settlemier as being "precious", because it was first, and the City Founder's nursery. He
said that the maintenance crew had people who were trained, who, with him, inspected the parks'
trees each fall, and that the process was highly selective. The Board was reminded that an urban
forestry study that had been proposed at both Setdemier and Legion Parks had not received
8C
8C
funding. There was, too, some discussion about which trees were the department's responsibility,
and which were cared for by Public Works.
Pat Chandler Smith told the Board about the start of the Community Garden project,
saying that seven or eight had already filled out applications, and rem~ing members that the
new process was the result of people selling what they had grown on the ~ la~{' Year. Darryl
Kelly said that it was a good brochure, and that he wanted to thank Jen Gt~lrlck for having done
it for the department.
6. COMMUNITY CENTER VISIONING PROCESS - Darryl Kelly said that he
had been pleased not only by the number of people who attended the Town Hall Meeting, but
also by the cross section of the city that they represented. Randy said that David Reed had
suggested that, at this point in the process, a representative focus group of about ten people could
be called together to further sort the information received. Names suggested were: Tony Veliz,
Dallas Figley, Leo Crisman, Kate Alvarado, Josh Tope, Dorothy Senatra, Kevin Hendricks, Marta
Montoya, Steven Rosales, Ann Finch, Ann Meyer, Prokopy Vshivkoff, Ammon Bonham, Melissa
Tittle, Frank Lonergan, and Joan Garren. These names came from the list of people who had
attended the Town Meeting, folks who had participated several years ago on a committee to build
a new center who had shown a continuing interest, and members of the steering committee.
Pat Watts asked whether or not there would still be time for another meeting with child
care for more input, without final thoughts having been put together. Randy told her that the
purpose of the focus group meeting would be to further refine information and validate the Town
Hall Meeting's suggestions.
Sharon Felix expressed her concern that the ideas not ~dotted" or prioritized not be lost in
the process. Frank Anderson said none of the ideas would be thrown away.
The Board set the 30~h of March at 7p.m. as the time for convening the Focus Group.
Members said that suggestions made for the parks needed to be sorted from those for the
community center. Frank again reminded the Board that considerable work had already been
done on the parks' needs, and that the focus ought to be on the community center. Herb
Mittmarm asked about timelines, wondering how and when designs would be prepared. Randy
said that there were a couple of firrm interested, but that to begin with, experts at cost would be
consulted. Frank asked ff there were catalogs with cost information available. Members saw that
there was not a lot of time to accomplksh a lot of work. Funding for the skate park and the
completion of Centennial were discussed.
7. SPECIAL EVENT OPERATIONAL POLICIES - Darryl Kelly noted some
changes in the final draft of the policies. Randy reported that Pat Watt's concerns about
indemnification had been brought to the attention of the City Attorney who had reviewed the
· draft. Frank Anderson moved to approve sending the policies and permit on to the City Council
for their review; Sharon Felix seconded his motion, and it passed unanimously.
8. FUTURE BOARD BUSINESS - Randy reminded the Board that there will be
Facilities Use Policies and Agreements with the School District this spring to review.
8C
Members of the Board also had future business for consideration. Darryl Kelly said that
there were no Bi-Laws as guides for the group and that he wanted to see that remedied. Frank
Anderson expressed his view saying that he was an advocate for no more rules and regulations.
Darryl said that he felt the members responsible to set down a framework for others to follow; Jan
Greenwell and Sharon Felix said that they agreed with him. Darryl suggested that the Board look
at the issue over the summer. .$
Compliments were extended on the pansies planted at Settlemier by the Hoodview
Church of God's Youth Group.
The meeting was adjourned by Darryl Kelly at 8:15 p.m.
Community
Development
270 Montgomery Street
Date:
To:
From:
Subject:
MEMORANDUM
Woodburn, Oregon 97071 .j (503) 982-5246
March 21, 2000
Mayor & City Council thru City Administrator-<j
Community Development Department
Planning Project Tracking Sheet
Attached for your information are various shod and long range projects your Planning
Staff are presently working on. As you will observe, the long range projects do not have
specific time frames attached to them. However, the objective is to complete as many of
these long range projects within this calendar year.
8D
City of Woodburn
Police Department
270 Montgomery Street
STAFF REPORT
WoodburnOR 97071 (503) 982-2345
Date:
From:
To:
Through:
March 13, 2000
Paul Null, Chief of Police
Mayor and City Council
John Brown, City Administrator
Subject:
1999 Local Law Enforcement Block Grant
9A
In September 1999, the Police Department was awarded a Local Law Enforcement Block Grant
(LLEBG) from the U.S. Department of Justice. Funds from the grant are allowed to be used with
little restrictions as long as it can be shown the allocation of funds will reduce crime and improve
public safety. The grant contains two special conditions prior to the release of funds. Those
conditions are:
The recipient agrees that prior to expenditure of any LLEBG funds an advisory
board will meet to discuss proposed use(s) of the grant funds. The advisory board
will make a non-binding recommendation on the use(s) of the funds under the
LLEBG Program. Members of the advisory board must include a representative
from the following:
The local police department or sheriff's department
The l~ocal prosecutor's office
The local court system
A local nonprofit, religious, or community group active in crime
prevention or drug use prevention treatment
The recipient agrees that prior to expenditure of any LLEBG funds, at least one
public heating will be held regarding the purpose(s) of the funds.
In determining a possible use of the grant, the police department completed a needs assessment
taking into consideration department and community needs. A primary concern of the
community is traffic and the apparent rise in witnessed traffic violations such as disobeying
'traffic control devises and speeding in residential areas. Traffic violations, if not corrected,
increase the likelihood of traffic accidents which result in personal injury. Many studies show an
increase in law enforcement traffic enforcement reduces traffic accidents.
In order to better provide our police officers the tools and equipment needed to enforce traffic on
the ever increasing congested highways~ local law enforcement agencies have moved to the use
of motorcycles which have shown to be very effective. In response to the community concerns,
the police department elected to propose to the LLEBG Advisory Board that the grant funds be
used to lease two motorcycles and purchase related emergency equipment.
Attached please find the minutes of the LLEBG Advisory Board meeting of February 3, 2000, at
which unanimous support was voiced for the project.
RECOMMENDATION:
City Council approve receipt and allocation of Local Law
Enforcement Block Grant funds for the lease of two motorcycles
and associated emergency equipment.
Cc
Advisory Board Members
Grant file
9A
9A
Advisory Committee:
Advisory Committee
Local Law Enforcement Block Grant
Woodbum City Hall Conference Room
February 3, 2000 2:00 p.m.
Paul Null, Chief of Police, Woodburn Oregon
Pete McCallum, President, Woodburn Together
Greg Olson, Undersheriff, Marion County Sheriff' s Office
N. Robert Shields, City Attorney, City of Woodburn
Jack Reeves, Superintendent, Woodburn School District *
Jan Zyryanoff, Municipal Court Judge, City ofWoodburn *
** Members were absent from meeting but contacted individually for
briefing and determination of consensus.
Recorder:
Nita Mart, Administrative Secretary, Woodburn Police Department
Chief Null began the meeting with background on the Local Law Enforcement Block
Grant (LLEBG) Program for those members not previously involved in the process.
II.
LLEBG application process was reviewed. The process consists of the following steps:
· Electronic application submission by Woodburn Police Department
· Meeting of Advisory Committee
· Advisory recommendation to Woodburn City Council
· Public Heating at City Council meeting
III.
The history of previous LLEBG awards was reviewed which consisted of the following
purchases/programs:
· 1996 - Community Action Vehicle (used for public education events and as
mobile crime scene operation headquarters).
· 1997 - Video Imaging System (used to access mug shots and intelligence
information from various other law enforcement agencies, and to provide more
precise photo line-up capabilities).
· 1998 - Document Imaging System (used to reduce documents to a computerized
format, providing increased ease of access and reducing the amount of space
required for retention of records for varying periods of time).
IV.
Chief Null proposed a Motorcycle Traffic Team as the project for the current (1999)
LLEBG grant award. The program would consist of leasing two police motorcycles and
outfitting the vehicles with necessary equipment, plus training and uniform outfitting for
two police officers. The total cost for the first year would be approximately $22,300, with
the expectation that the program would become self-funding prior to the end of the
second year. The grant award will cover the majority of the first year cost, leaving
approximately $5,000 that would need to come from the City's budget. In addition to the
increased service to the public, the program would provide a positive element in the
employee retention plan of the Police Department.
Discussion
Undersheriff Olson cited the following statistics regarding Marion County's Traffic Team
which consists of two motorcycles, two Camaros, and four officers:
· 14% reduction in all traffic accidents
· 38% reduction in fatal traffic accidents ~}
· 17% reduction in injury accidents
· 10% reduction in non-injury accidents
· 17% increase in citations
· In its second year the program had paid for itself, and is now completely self-
funded and generating revenue.
· The traffic team generates an average of 1000 citations monthly.
Mr. McCallum asked what the cost would be if the program were funded without grant
subsidy and without leasing of the vehicles. Chief Null stated that had been looked into
by the previous chief and the cost was approximately $87,000 for initial implementation
and operational funding for the first year.
Mr. Shields asked what impact this would create for the municipal court. Chief Null
replied that there would be an increase in court appearances, and that Judge Zyryanoff
had expressed support for the program.
Non-binding Advisory Recommendation to Woodbum City Council
Pete McCallum moved to adopt the proposed Traffic Safety Program as the Advisory
Committee's recommendation to the Woodbum City Council. Greg Olson seconded the
motion, which was enthusiastically approved by the balance of the Committee.
Meeting was adjourned at 2:32 p.m.
9A
Woodburn City Council
Advisory Board Members
file
Community
Development
270 Montgomery Street
llA
MEMORANDUM
Woodburn, Oregon 97071
(503) 982-5246
Date:
To:
From:
Subject:
March 24, 2000
Mayor & City Council thru City Administrator
Community Development Department
Annexation 99-02, Comprehensive Plan Map Amendment 99-02, Zone Map
Amendment 99-06 and Site Plan Review 99-14
At your hearing of February 28, 2000 the City Council closed the hearing and instructed
Staff to prepare and ordinance approving, with conditions, the Annexation of approximately 3.32
acres to the City and amended the Comprehensive Plan and Zone Map to multi-family
residential. Such approval will allow the applicants to proceed with the Site Plan that will
accommodate an elderly care facility consisting of 102 suites.
The information attached to this memorandum consists of an ordinance for your review in
addition to appropriate attachments consisting of the legal description, annexation map, findings
to support the proposed amendments and site plan and conditions of approval.
llA
COUNCIL BILL NO. 2034
ORDINANCE NO.
AN ORDINANCE ANNEXING INTO THE CITY OF WOODBURN 3.32 ACRES OF
PROPERTY LOCATED SOUTH OF COUNTRY CLUB ROAD AI~ WEST OF
BOONES FERRY ROAD; AMENDING THE CITY OF WOODBURN
COMPREHENSIVE PLAN MAP FROM "RESIDENTIAL <12 UNITS/ACRE" TO
"RESIDENTIAL >12 UNITS/ACRE" FOR SAID PROPERTY AND AN ADJACENT 0.98
ACRE PARCEL CURRENTLY IN THE CITY OF WOODBURN; GRANTING A
CONDITIONAL ZONE CHANGE FROM MARION COUNTY "URBAN TRANSITION
FARM" (UTF) TO CITY OF WOODBURN "MULTIPLE FAMILY RESIDENTIAL"
(RM) FOR THE ANNEXED PROPERTY; GRANTING A CONDITIONAL ZONE
CHANGE FROM CITY OF WOODBURN "SINGLE FAMILY RESIDENTIAL" (RS) TO
CITY OF WOODBURN "MULTIPLE FAMILY RESIDENTIAL" (RM) FOR THE
ADJACENT 0.98 ACRES; APPROVING A SITE PLAN REVIEW APPLICATION; AND
ATTACHING CERTAIN CONDITIONS THERETO.
WHEREAS, the applicants, Wally Gutzler and Anthony Kreitzberg, submitted the
following applications: Annexation 99-02, Comprehensive Plan Map Amendment 99-02, Zone
Map Amendment 99-06, and Site Plan Review 99-14; and
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 Woodbum City Council has reviewed the record pertaining to said
applications and heard all public testimony presented on said applications; NOW,
THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That the subject property is owned by Eugene R. Gascho Trust, Judith A.
Gaseho Trust, Willis A. Byers, Rachel L. Byers, Rodney Lee Byers Trust, and Marcia Kathryn
Byers Trust, 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 Exhibit 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
annexed to the City of Woodburn.
Page 1 - COUNCIL BILL NO.
ORDINANCE NO.
llA
Section 4. That the Woodbum Comprehensive Plan Map is hereby amended as to the
property described in Attaelunent "A" to this Ordinance from "Residential <12 units/acre" to
"residential >12 units/acre" (includes both the 3.32 and 0.98 acres) based upon the Findings in
Support, which is affixed hereto as Attachment "C".
Section 5. That the Woodburn Zoning Map is hereby amended aS[to the property
described in Attachment "A" to this Ordinance from Marion County "Urban Transition Farm"
(for the 3.32 acres) and from "Single Family Residential" (for the 0.98 acres) to City of
Woodbum "Multiple Family Residential" (RM) based upon the Findings in Support, which is
affixed hereto as Attachment "C".
Section 6. That the zone change granted by Section 5 above shall be conditional
contingent upon completion of the approved development in compliance with the conditions of
approval contained in Attachment "D".
Section 7. That the site plan review application for said property is approved based upon
the Findings in Support, which is affixed hereto as Attachment "C".
Section 8. That the zone change and site plan review approval are subject to the
conditions contained in Attachment "D", which is affixed hereto and incorporated herein, which
the Council finds reasonable.
Approved as to form~'-~l~') .<'-~'~' /~,~-h~.~ ~]'2-~]Z000
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 Woodburn, Oregon
Page 2 - COUNCIL BILL NO.
ORDINANCE NO.
ATTACHMENT ~'
ATTACHMENT "A" Page !, of :3
LEGAL DESCRIPTION FOR ANX 99-02, CPA 99-02, ZC 99-06, SPR 99-14
(Parcels I, II, III, and IV consist of 3.32 acres and constitute the property to be annexed)
(Parcel V consists of 0.98 acres, is not a part of the annexation, but is part of the comprehensive
plan amendment, zone change, and site plan review~
PARCEL I:
Beginning at a point which is South 87° 44' 55" East 1035.90 feet along the South line
of Country Club Road and South 2° 15' 05" West 266.74 feet from the Northeast
corner of Lot 14, Block 23, Woodburn Senior Estates No. 2 and being in Section 7,
Township 5 South, Range 1 West of the Willamette Meridian, Marion County, Oregon;
thence South 87° 22' 47" East 349.36 feet to a point on the West line of Boones Ferry
Road; thence North 15° 45' 05" East along said West line 102.82 feet to the Southeast
corner of the Pacific Northwest Bell tract as recorded in Volume 640, Page 017,
Marion County Deed Records; thence North 87° 43' 46" West 200.01 feet along the
South line of said Bell Tract to the Southwest corner thereof; thence North 15° 45' 35"
East 173.75 feet along the West line of said Bell Tract to the Northwest Corner thereof;
thence North 87° 44' 55' West 213.92 feet along the South line of Country Club Road;
thence South 2° 15' 5" West 266.74 feet to the place of beginning.
SAVE AND EXCEPT the Easterly 4 feet along Boones Ferry Road dedicated to
Marion County for roadway purposes, as described in Warranty Deed, dated May 8,
1986, and recorded May 23, 1986, in Reel 464, Page 70, Microfilm Records, Marion
County, Oregon.
SAVE AND EXCEPT all minerals and mineral rights more particularly described as,
but not limited to the following:
All minerals, coal, carbons, hydrocarbons, oil, gas, chemical elements and compounds
whether in solid, liquid or gaseous form, and all steam and Other forms of thermal
energy on, in or under the above-described land.
llA
a:XWlXlOCa~gT050~Jtlbk b.ck)¢~lll
10/I I/~911
ATTAOHMENT
Page~ of ~'
llA
LEGAL DESCRIFFION OF PROPERTY:
PARCEL II:
Beginning at the Southeast corner of Lot 1, Elmendorf Acres,
thence North 86° 59' West along the South line of said lot, 348.50
feet, thence North 3° 01' East at right angles to the South line
of said Lot, 120.00 feet; thence South 86° 59' East parallel with
the South line of said Lot, 376.43 feet to the East line thereof;
thence South 16° 07' West along the East line of said Lot, 123.24
feet to the place of beginning.
PARCEL III:
Beginning at a point in the North line of the B.F- Hall Donation
L~nd Claim Township 5 South, Range 1 and 2 West of the Willamette
Meridian, Marion County, Oregon, at the intersection of said North
line with the center line of Boon's Ferry Road; thence South 13°
27' West along said center line 120.00 feet; thence North 87° 25'
West, parallel with the North line of said Donation La~d Claim,
300.00 feet; thence North 13° 27' East, parallel with the center
line of said road, 120.00 feet to the North line of said Donation
Land Claim; thence South 87° 25' East along said North line 300.00
feet to the place of beginning.
PARCEL IV:
Beginning at an iron pipe in the Nort~ line of the B.F. Hall
Donation Land Claim NS. 51, in Section 7, To~ras~ip 5 South, Range
1 West of the Willamette Merldi~a~ in Marion County, Oregon, which
is 2365.59 feet South 87" 25' East from the .Nort~west corner of
said Claim No. 51; thence South 2" 33' 09" West 117.88 feet to an
iron rod; thence South 87° 24' 53" East, parallel with the North
line of said Claim No. 51, 57.06 feet to the Southwest corner of
the Eugene Gascho, et al, tract described in Reel 185, Page 0254,
Marion County Deed Records; thence North 13° 23; 0.0" East,
,parallgl with Boones Ferry Road, 120.00 feet to the Northwest
corner of said Gascho tract; thence North 87" 24' 53" West 79.61
feet to the place of beginning.
12/2'//9914:~9
ATTACHMENT ~.-~-- !'I_A
page ~ of_ --
LEGAL DESCRIPTION OF PROPERTY:
PARCEL V:
Beginning at a point which is South 02° 30' 44" West 117.87 feet
from the most Southeasterly corner of that parcel described in
Reel 205, Page 1954, Marion County Deed Records, Marion CoUnty,
Oregon; thence South 02° 30' 44" West 115.00 feet; thence South
87° 22' 12" East 148.00 feet; thence South 02° 37' 48" West 12.00
feet; thence South 87° 22' 12" East 28.00 feet; thence North 02°
37' 48" East 12.00 feet; thence South 87° 22' 12" East 128.23 feet
to the West right of way line of Boones Ferry Road; thence:North
13° 24' 59" East along said West right of way line 117.07 feet;
thence North 87° 22' 12" West 326.37 feet to the place of
beginning.
ATTACHMENT "B"
EXHIBIT MAP FOR ANNEXATION 99-02
Cou/vTR¥ (.LUP~ ROAD
1000 ~ 1100 '"~--~.
I
I
I
i
I
I ~
900
20O
·
g 6 O-q8 AO ·
) 3100 30O0 29OO
4
HENRY'S
2800
ATTACHMENT~
Page.
11/
0
500 IN
W E
or va~tbh$, i~
FIRST
OF WILLAMETTE
1200
1300
24.0.4
ATTACHMENT "C"
FINDINGS IN SUPPORT
ANNEXATION 99-02, COMPREHENSIVE PLAN MAP AMENDMENT 99-02, ZONE
MAP AMENDMENT 99-06, AND SITE PLAN REVlF~ 99-14
1lA
II.
BACKGROUND:
The original application was heard by the Planning Commission at public hearings
on September 23, 1999 and October 14, 1999. The original application was similar
to the revised proposal except that it required approval of variances to the lot
coverage and lot area requirements in the RM zone and consisted of a 12 unit
Alzheimer Facility, a 60 unit assisted living facility, and a 110 unit retirement facility.
The Planning Commission, at their meeting of October 28, 1999, adopted a final
order recommending the City Council approve the proposed annexation but deny
the proposed comprehensive plan amendment, zone change, site plan review and
variances.
The original proposal was scheduled for a public hearing before the City Council on
November 22, 1999. However, the applicants submitted a letter on November 17,
1999 stating that they had made substantial revisions to the proposed site plan in
response to comments made by the Planning Commission and adjacent neighbors.
The applicants requested that the City Council continue the hearing to a date
certain and that the revised proposal be remanded to the Planning Commission for
their review and recommendation prior to the Council holding a hearing on the
matter.
The Council decided to continue their hearing to February 28, 2000 and remanded
the revised proposal to the Planning Commission for their review and
recommendation pertaining to the revised proposal for annexation, comprehensive
plan amendment, zone change and site plan review.
RELEVANT FACTS:
The revised proposal includes the elimination of Building 3 (110 suite retirement
facility) and expands Building 2 (60 suite assisted living facility) to accommodate 90
suites. This results in an overall reduction of suites from 182 (includes Building 1-12
suite Alzheimer facility) to 102 suites. This reduction in suites eliminates the need
for the two variances required with the original proposal.
The site plan indicates that Building 2 will initially consist of 70 suites with a 20 suite
addition to be constructed later as phase 2. The applicant requests approval of
phase 2 in conjunction with this proposal. This staff report assumes that phase 2
is a part of this proposal.
Findings in Support 1
ATTAOHMENT~-.~ , .
Page
Land area: Approximately 4.3 acres (3.32 acres outside city and .98 acres within
city).
The applicant's site is adjacent to the City Limits, south of Country Club and east
of Boones Ferry Road. The property is identified specifically as Tax Lots #.400
(within city limits) and Tax lots 200, 300, 900, and 1000 (out~ide city limits), in NW
1/4, T5S, R1VV, Section 7.
The subject property is designated for residential development < 12 units per acre
on the Woodburn Comprehensive Plan. The majority of the property (tax lots 200,
300, 900, and 1000) is currently zoned "Urban Transition Farm" (UTF) by Marion
County. The UTF zone is applied to land outside of the city, within the Urban
Growth Boundary (UGB), to ensure that it remains undeveloped until annexation to
the city for development at urban densities. Tax lot 400, within the city limits is
zoned Single-Family Residential (RS).
Because the site is surrounded by development within the city, public facilities are
readily available to the site.
General description of the area:
a)
b)
c)
d)
e)
Slopes - generally level
Vegetation - field with some trees
Drainage - generally sheet flow with no delineated channels
Flood area - there are no flood plains within the immediate area
Utilities - This development is proposing to relocate an east-west
sanitary sewer line and easement within the site (refer to Site Plan -
Exhibit D in application). Sewer, water and other utilities exist in the
adjacent streets
Existing Land Use
2.
3.
4.
5.
No. single family units 2
No. multiple family units 0
Commercial 0 Industrial O Public Uses 0
Open space O
Pole barns 2
Schools: The nearest school facilities are Lincoln Elementary and French Prairie
Middle Schools located about 600 feet to the south of the site. Because of the
nature of the development - housing for aged persons - there will be no school-aged
children.
Park and Recreation Facilities: The applicant is proposing walkways, benches, and
substantial landscaping to create a park-like setting on the site.
No topographical or environmental constraints have been identified on the subject
property.
Findings in Support 2
11A
II1.
IV.
llA
I~ge=~.= of ~ ,
RELEVANT APPROVAL CRITERIA:
Woodburn Comprehensive Plan:
Chapter IX. Goals and Policies:
A. Residential Land Development Policies
D. Annexation Policies
G. Housing Goals and Policies
H. Public Services Goals and Policies
M. Growth and Urbanization Policies
Woodburn Zoning Ordinance:
Chapter 8 General Standards
Chapter 9 Residential Standards
Chapter 10 Off Street Parking, Loading and Driveway Standards
Chapter 11
Chapter 15
Chapter 16
Chapter 26
Chapter 39
Site Plan Review
Zone Change Procedure
Comprehensive Plan Amendment Procedure
Multiple Family Residential District
Mandatory Parkland Dedication or Cash-in-lieu-of
C. Woodburn Landscaping Standards
D. Woodburn Sign Ordinance
E. Woodburn Transportation System Plan
F. Woodburn Access Management Ordinance
FINDINGS:
A. Woodburn Comprehensive Plan - Chapter IX. Goals and Policies:
Residential Land Development Policies (IX-A):
A-1
Residential areas should be designed around a neighborhood.
Neighborhoods should be an identifiable unit bounded by arterial
non-residential uses, or natural features of the terrain. The
neighborhood should have a community facility, such as a
school, park, or privately owned community facility to allow for
interaction within the neighborhood.
FINDING: The proposed facility will not create a neighborhood but will
become part of the existing and developing neighborhood in the area.
The proposed use will be compatible with surrounding existing
developments that are also south of Country Club Road and west of
Boones Ferry Road. These developments include single family
dwellings, a US West communications facility, a church, and
apartments. All of these uses are part of the neighborhood and the
Findings in Support 3
A-2
A-3
ATTACH.MENT.: .~'~
I=age ~ of~
proposed use will be consistent with this neighborhood.
To ensure that the zone change to RM will not allow for multiple family
development other than the proposed project, the zone change shall
be conditional upon completion of the ap,proved site plan in
compliance with the conditions of approval. In the event that the
project is not completed in compliance with this approval, the zoning
will revert back to RS. However, the Comprehensive Plan designation
would remain Residential >12 units per acre. But, future development
would be subject to the RS zone regulations unless a zone change
were approved.
The applicant is proposing no specific community facility but the
development provides substantial open space and walkways to
encourage interaction and the neighborhood includes schools
(Lincoln Elementary and French Prairie Middle). The proposal
complies with this policy.
Living Environment Developments in residential area be
constructed in such a way that they will not seriously deteriorate
over time. Zoning ordinances should be strictly enforced to
prevent encroachment of degrading non-residential uses.
Construction standards in the state Building Code shall be
vigorously enforced, and if necessary, additional standards the
City determines should be imposed to insure non-degrading
housing units, should be encouraged by the City.
FINDING: The proposed development is designed and will be
developed in full conformance with the City of Woodburn Zoning
Ordinance and all other applicable ordinances. The City's preliminary
and final reviews of the proposed development will help to secure
code compliance. Additionally, the City of Woodbum's building permit
process will assure that the buildings built within this development are
established in compliance with applicable City standards and the state
of Oregon Building codes. These factors combined will ensure that
the proposed development is a quality living environment, and that the
development will not seriously deteriorate over time. The proposal
complies with this policy.
Development should promote, through the use of moderate
density standards and creative design, a feeling of openness and
spaciousness with sufficient landscaped area and open space to
create a pleasant living environment.
FINDING: The proposal as revised will be developed at a moderate
density comparable to other retirement home and assisted living
complexes. The density of the revised project will be 23.72 units per
llA
Findings in Support 4
A-5
A-10
ATTACHMENT
Page ~o of
acre as opposed to 42.33 units per acre in the original proposal. The
revised proposars design, which is residential and campus-like in
character helps create an open and spacious feeling.
The applicant, in their landscape plan, has shown open space,
shrubs, lawn, and trees thus providing a feEjling of openness and
spaciousness. Approximately 50% of the total subject area will be
landscaped. The proposal complies with this policy.
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 neighborhoods.
FINDING: The proposed development includes design elements (e.g.,
two access points) and the lack of traffic demand for the elderly which
encourages slow-moving traffic. Additionally, a landscaping and tree
planting plan has been established, and pedestrian connections are
provided to enhance the livability and aesthetics of the neighborhood.
The landscaping plan provides for more than 99 new and existing
trees. The proposal complies with this policy.
High-density residential areas should be located so as to
minimize the possible deleterious effects on adjacent Iow-
density residential developments. When high density and Iow-
density areas abut, density should decrease in those areas
immediately adjacent to Iow-density residential land. Whenever
possible, buffering should be practiced by such means as
landscaping, sight-obscuring fences and hedges, and increased
setbacks.
FINDING: The proposed development has been revised to
adequately minimize possible deleterious effects on adjacent Iow-
density residential developments. It accomplishes this with a
generous amount of landscaped yard (approximately 50% of the site)
with shrubs, lawn, and trees, with fences, and Iow profile residential-
appearing buildings. The setback to single-family lots on the south
will be a minimum of 50 feet and to the west, 49 feet. These setbacks
increase in most areas along the west and south property lines and
are greater than the minimum required (refer to FINDINGS under B,
Chapter 26, Section 26.050 of this Report). The fence will be a 7 foot
high sight obscuring omamental fence on the property lines to further
reduce any impact. The buildings architectural features provide many
roof and wall variations to mitigate its mass. In addition, the
landscaping plan provides for the planting of a significant number of
large evergreen trees along the south property line.
11A
Findings in Support 5
ATTACHM ENT~ 1 lA
Page ~ of ~
A-11
To ensure that the zone change to RM will not create any adverse
impacts on surrounding single family development in the event that
the proposed project does not develop as approved, the zone change
shall be conditional upon completion of the site plan in compliance
with conditions of approval.
Traffic from high-density residential areas should have access to
collector or arterial streets without going through other
residential streets.
FINDING: This proposed development will have direct access onto
Boones Ferry Road, an arterial and Country Club Road, an access
road that connects to Boones Ferry Road. No traffic will go through
the residential areas on the south or west to access this site.
Annexation Policies (IX-D):
D-1
Annexation policies are extremely important for the City. While
it is important that enough land is available for the necessary
development anticipated in the City of Woodburn, it is also
essential to prevent too much land being included in the city
limits as this leads to inefficient, sprawling development.
Because of the need to plan for public improvements, the City
should insure that there is a five year supply of vacant land
within the City. Services should be provided to that land during
that five year period.
FINDING: The Urban Growth Boundary was adopted in 1980. This
boundary designates areas outside Woodbum's City Limits that could
be annexed to accommodate growth to the year 2000. The
annexation of this land is to accommodate the growth demands of the
City in a timely manner. The subject property is contiguous to the
current city limits line on the west and south and across Country Club
Road on the north. Because the site is almost an island surrounded
by the city, because city facilities are adjacent, and because there is
urban development on all sides of it, it cannot be considered
"sprawling". The applicant states that the need for another retirement
center in the city and the surrounding development makes this a
timely annexation and development. This site is one of only a few
large parcels of land available for multi-family development without
substantial extension of urban services.
Housing Goals and Policies (IX-G):
G-1-1 The City will insure that sufficient land is made available to
accommodate the growth of the City. This requires that sufficient
land for both high density and Iow-density residential
Findings in Support 6
Page ~ of ~ ~" -
developments is provided within the confines of the growth and
development goals of the City...
FINDING: Lands within the urban growth boundary and outside of the
city limits are available for development. The~ subject property has
been planned for residential development. Market conditions and
supply of developable land dictate what parcels within the city's
planning area are developed. The applicant states that the
Comprehensive Plan Land Use Inventory (table 4) indicates that less
than 86 acres of multi-family zoned land was available in 1996, within
the city. Even less land may be available in 1999. The lack of many
large 4-5 acre parcels is apparent in the land use inventory. The
demand for this site and use indicates a need for the proposed
rezoning. There is a lack of suitably zoned high-density land available
for the proposed use and the proposal complies with this policy.
G-1-2
It is the policy of the city to encourage a variety of housing types
to accommodate the demands of the local housing market.
FINDING: The proposed development provides for housing of aged
persons in a retirement home with an assisted living unit and an
Alzheimer's care unit. This type of housing is a needed housing type
based on applicant's market study and the proposed use complies
with this policy.
Public Services Goals and Policies(IX-H):
H-1
Public Facilities and services shall be appropriate to support
sufficient amounts of land to maintain an adequate housing
market in areas undergoing development or redevelopment.
FINDING: Sewer, water, and storm drain lines are available to the
property. It will be the responsibility of the developer to construct the
infrastructure that is needed for this development to occur.
Adequately sized lines will be required to provide sufficient capacity
to serve this area of the city. All sizing and location will be subject to
review and approval by the Public Works Department.
The applicant is proposing to remove and relocate a sewer line that
extends east-west through the property to serve points west. The
Public Works Department has indicated that the project can be served
by the city. The proposal complies with this policy.
Growth and Urbanization Policies (IX-M):
FINDING: The developer will be required to pay systems development
charges for their impact on the infrastructure. The City of Woodbum
and Marion County have maintained a process for providing an
Findings in Support 7
ATTACI-J~ENT. ~
Page ~ of -,~'" -
exchange of information relative to the proposed annexation. ^
comment form and the application materials were forwarded to Marion
County so that they would have the opportunity to review and
comment on the annexation as part of the application review process.
Marion County stated that they did not have comments for this
proposal. Once the annexation takes place,j the property will fall
under the City's jurisdiction.
The conversion of land within the urban growth boundary to a land
use that is planned and anticipated by the city's comprehensive plan,
subject to public facility improvements and other standards, is
acknowledged by the state and therefore conforms with the statewide
planning goals.
Review, Revision and Update (XII):
Changes in the Land Use Plan should be justified by a solid body of
evidence presented by the petitioner showing the following:
1. Compliance with the goals and policies of the
Comprehensive Plan:
FINDING: The application complies with this criteria based on
findings made under this Comprehensive Plan review section
of this report.
Compliance with the various elements of the
Comprehensive Plan:
FINDING: The application complies with this criteria based on
findings made under this Comprehensive Plan review section
of this report.
3. Compliance with statewide goals and guidelines:
FINDING: The application complies with this criteria base on
findings made within other parts of this staff report, including
findings made under Chapter 16, Section '16.050(a) of this
report.
4. There is public need for the change:
FINDING: The application complies with this criteria based on
findings made within other parts of this staff report, including
findings made under Chapter 16, Section 16.050(c) of this
report.
5. This land best suites that public need:
llA
Findings in Support 8
ATTAC H[IVl ENT.---------
Page IO_..~.._ of L~ -
FINDING: The applicant has provided substantial evidence
that the proposed site best suites the public need for the
proposed use. The applicant states "the proposed site is
adjacent to Boones Ferry Road, which is an arterial street
serviced by public transportation. This will enable the
residents to easily utilize public transportation. Second, the
proposed site is in close proximity to an ambulance service,
which will greatly benefit the residents when they are in need
of emergency medical attention. The location is also
convenient to churches, business providing commercial
services and public city services." The land use inventory
(Table 4) in the Comprehensive Plan dated January 1996
indicates that there are less than 86 acres of multi-family
zoned land available for development within the city limits of
Woodburn. There are approximately 121 acres of multi-family
zoned land available within the urban growth boundary for
development. The land outside of the city, but within the urban
growth boundary, does not have the city services necessary to
support the proposed use. A review of the available parcels
within the City of Woodburn zoned for multi-family shows that
these parcels are either not listed for sale, have road access
problems, or are either too small or too large for the proposed
use. For these reasons, the proposed site best suits the public
need for the proposed use.
The land can not be suitably used as it is presently
designated:
FINDING: The applicant states that "the size and configuration
of the 4.3 acre property and it proximity to a commercial
building and church makes its development for single-family
residential homes unattractive and economically unsuitable.
Becky Miller, a neighbor, testified that "the site is not a place to
build single-family homes because of the amount of traffic
going through Boones Ferry Road." The proximity of the site
to commercial buildings, a church, ambulance service and a
very busy read, make the subject property unsuitable for
development as single-family housing. Development of the
site as single-family housing would cause a greater impact on
traffic during peak hours than under the proposed use.
Development of the site as single-family residential would
contribute to greater over crowding in the schools, whereas the
proposed use will have no negative impact on schools and will
increase property tax revenues available to fund the school
system. This criterion is met.
B. Woodburn Zoning Ordinance:
Findings in Support 9
11A
Chapter 8 General Standards
ATTAOHMENT
Page .Y.L_ of
Section 8.030 Dwellings to be Accessible to Public Streets.
If more than 4 dwelling units.. Tolbe served by private
access driveway.., the following provisions shall apply:
(2) Two-way driveways shall have an improved width of
at least 22 feet and the inside radius at the curb
shall be 25 feet for any curves or corners.
FINDING: The proposed development shows two 24 foot access
driveways with a minimum 25 foot radius.
Section 8.040 Special Setback Distances.
1. To permit or afford better light, air, and vision, on the more
heavily traveled streets; protect the arterial streets and
highways; and to permit the expansion of street areas for
traveling purposes, or eventual widening of streets, every
building or structure exclusive of signs, flood light
standards, and the supporting members thereof, shall be
setback from the streets or parts of streets hereinafter
named the number of feet set forth below in the right-hand
column, measured at right angles to the center line of the
street as constructed and improved with a hard surface
pavement, and where not paved, then the actual center
line of the street, plus the required front yard setback for
the district or zone, via
(6)
Country Club Road, Hwy. 214 to Boones Ferry
Road ..... 30 feet.
In case the corporate boundaries of the city be extended
by annexations of additional territory, and the newly
annexed territory contains an extension of any street or
streets enumerated in this section, the setback or building
lines herein established for such street or streets shall
apply to such extension thereof.
FINDING: Building I shows a setback of more than 30 feet from the
centerline of Country Club Road and therefore complies with this
policy.
Section 8.190 Vision Clearance
FINDING: Each ddveway access with the public street shows a vision
clearance of more than 30 feet and therefore complies with this policy.
llA
Findings in Support 10
ATTACHMENT
Page ~ of
This standard will be enforced during review of access and building
permits.
Chapter 9 Residential Standards
FINDING: At such time that the building per, nits are issued, each
building will be reviewed for compliance with residential set back
requirements. Any new fencing will also be reviewed for compliance
with this section prior to permit issuance.
Section 9.045. Front Yard Setback. Every building shall setback
from lot lines adjacent to streets at least 20 feet...When by this
Ordinance or any other ordinance a greater setback or a front
yard of greater depth is required than specified in this section,
then such greater setback line or front yard depth shall apply.
FINDING: Both buildings exceed the minimum setback of 20 feet from
streets.
Chapter 10 Off Street Parking, Loading and Driveway Standards:
Section 10.050 Off-Street Automobile Parking Requirements. Off-
Street automobile parking shall be provided in the amounts not
less than those listed below:
(i)
Convalescent Hospital, Nursing Home, Sanitarium,
Rest Home, Home for the Aged:
(1) One space per four beds for patients or
residents.
FINDING: A total of 102 suites are proposed consisting of a 12 suite
Alzheimer facility and a 90 suite assisted living facility. Some of the
suites will have more than one bed for a total of 120 beds in the 102
suite development. Accordingly, 30 parking stalls (120/4) are
required. The applicant is providing 49 parking stalls and therefore
complies with this requirement.
Section t0.050 Off-Street Loading Requirements
Off-Street loading spaces shall be provided in the amounts listed
below:
(a)
A minimum loading space size of 12 feet wide, 20
feet long, and 14 feet high when covered shall be
required as follows:
(1) For multi-family dwellings with 10 or more
llA
Findings in Support 11
ATTACHMENT ~ -
Page -/-.~- of 02 ~-
dwelling units - one space.
FINDING: The applicant's site plan illustrates that one loading space
that meets the dimensional standards above will be provided for each
building. The proposal complies with this standard.
.J
Section '10.070 Parking and Loading Area Development
Requirements.
FINDING: The applicant's site plan meets all of the requirements with
respect to location, surfacing, bumper guards, size, access, fences,
lighting, and landscaping.
Section 10.080 Driveway Standards
(c)
Driveway access for Multi-Family units with off-street
parking:
Dwelling Unit Maximum Width
11- 100 units Minimum of two accesses of 24
feet
FINDING: The applicant's site plan shows two accesses, each 24 feet
in width, one connecting to Boones Ferry Road and the other
connecting to Country Club Road. The proposal complies with this
standard.
Chapter 11 Site Plan Review
Section 11.070 Criteria for Evaluating a Site Plan
(a) The placement of structures on the property shall minimize
adverse impacts on adjacent uses
FINDING: The applicant states that "Building 2 is positioned in the
middle of the subject property so it will have very little impact on
adjacent uses. Building 2 is also oriented on the property so that the
majority of the parking area and cars are shielded by the building from
adjacent properties." The site plan and building elevations also show
that the buildings are offset and use angled walls, overhangs, and
dormers for a less obtrusive view from adjacent properties. The
proposed development has been revised to adequately minimize
possible deleterious effects on adjacent Iow-density residential
developments. It accomplishes this with a generous amount of
landscaped yard with shrubs, lawn, and trees, with fences, and Iow
profile residential-appearing buildings. The setback to single-family
lots on the south will be increased from a minimum 20 feet to a
minimum of 50 feet and to the west, from 17 feet to 49 feet. These
llA
Findings in Support 12
Page Z,_~ of ~-,~ , _
setbacks increase in most areas along the west and south property
lines. The fence will be a 7 foot high sight obscuring ornamental
fence on the property lines to further reduce any impact. The
buildings architectural features provide many roof and wall variations
to mitigate its mass. In addition, the landscapin~l plan provides for the
planting of a significant number of large evergreen trees along the
south property line.
(b) Landscaping shall be used to minimize the impact on
adjacent uses; and
(c) Landscaping shall be so located as to maximize its
aesthetic value.
FINDING: The applicant states that".., the proposed project will
have perimeter plantings, trees and ornamental fences to buffer the
development from adjacent lots." The applicant's landscaping plan
shows that the site will be planted with many new medium and large
trees. These trees are maples, hemlocks, cedars, ash, and other
species - which should help provide visual screening of the upper
walls and roofs of the development. Shrubs planted on three (3) foot
centers will screen (along with the fence) lower walls of the
development. The combination of trees, shrubs, and lawn will
maximize its aesthetic value. The applicant is proposing 50% of the
site in landscaping while 20% is required. The proposal complies with
this standard.
(d) Access to the public streets shall minimize the impact of
traffic patterns. Whenever possible, direct access shall not be
allowed to arterial streets. Wherever possible, access shall be
shared with adjacent uses of a similar nature.
FINDING: Access to the site is proposed from two access driveways,
located on (one each) Boones Ferry Road and Country Club Road.
The access drives are located far enough from the intersection of
those two roads and are wide enough so that no traffic impact should
occur. The applicant has prepared and submitted a transportation
analysis (Exhibit D) which shows no impact as a result of the
driveways.
(e) The design of the drainage facilities shall minimize the impact
on the city's or other public agency's drainage facilities.
FINDING: The City has no improved storm sewer in the vicinity except
an existing 10" diameter storm sewer at the intersection of Boones
Ferry Road and Country Club Road that discharges to Miller Farm
Road. Public Works staff has indicated that this system may be
utilized temporarily if capacity is available based on a hydraulic
Findings in Support 13
ATTACHMENT ~ -
Page J-'~' of ol ~-'
analysis of the existing storm sewer. The permanent system will need
to discharge to Goose Creek by a piped system within Boones Ferry
Road as part of the ultimate street improvement. The applicant may
be required to share some of the cost of constructing this system.
(f) The design encourages energy conserva~on, both in its siting
on the lot, and its accommodation of pedestrian and bicycle
traffic.
FINDINGS: Sidewalks will be provided throughout the facility and to
connect to both of the adjacent public streets. This and the bicycle
parking facilities for staff will provide the opportunity for staff or visitors
to walk or bike to the facilities. Proposed trees will help to shade the
buildings, and current insulation code requirements will ensure
minimum loss of heat through walls, roof, and windows.
(g) The proposed site development, including the architecture,
landscaping and graphic design, is in conformity with the site
development requirements of this ordinance and with the
standards of this and other ordinances insofar as the location
and appearance of the proposed development are involved.
FINDINGS: The applicant's proposal has complied with the standards
of the Zoning Ordinance and other ordinances as discussed in this
staff report.
(h) The location, design, color and materials of the exterior of all
structures and signs are compatible with the proposed
development and appropriate to the character of the immediate
neighborhood.
FINDING: The applicant states that "the project will use residential
type materials including painted, beveled siding, architectural
laminated shingle roofing and vinyl windows with wood trim. The
design of the structures, by its nature and use, will be residential in
character. The color scheme will be earth tones, using subtle natural
colors on the siding, trim and roofing...The building facades are
designed to vary the wall plane for aesthetic value and to enhance the
residential nature of the buildings. Each building has wing ends which
arch gradually to provide a subtle transition for an aesthetically
pleasing design." The proposal complies with this standard.
Chapter 15 Zone Change Procedures
FINDING: The zone change is necessary in order to reclassify the
area to be annexed from the current zoning of "Marion County Urban
Transition Farm (UTF)" to a city designation of Multiple Family
1lA
Findings in Support 14
ATTACHMENT ~
Page ?(,~. of ~5.J "'
Residential (RM). It is also necessary to reclassify the small .98
parcel within the city from Single-Family Residential (RS) to Multiple
Family Residential (RM). The applicant is also requesting that the
plan designation be changed from Residential < 12 units per acre to
Residential > 12 units per acre through an, amendment to the
VVoodburn Comprehensive Plan. The FINDINGS for a change to the
Zoning map are the same as for a Comprehensive Plan amendment
and are addressed in the following chapter (Chapter 16 - section
16.040).
Chapter 16 Comprehensive Plan Amendment Procedure.
Section 16.040 Concurrent Zone Change Request. Plan changes
can be reviewed concurrently with Zone Change requests...
Section 16.050 Plan Amendment Criteria. Before a Plan
Amendment can be made, the Common Council must find that
the proposal meets the following criteria:
(a)
The proposal complies with all applicable Statewide Goals
and Guidelines:
Goal 2: Land Use Planning
FINDING: This goal requires that Plans be acknowledged by
the state LCDC, be coordinated with other agencies, and be
factually based and of sound policy. The city's Plan was
acknowledged by LCDC and found to be in compliance with
state Goals. The city is currently undergoing a periodic review
of its Plan at this time. The proposed development was
coordinated with Marion County and the Department of Land
Conservation and Development. FINDINGS for a decision on
the application provide a factual basis for amending the Plan
and meeting this Goal.
Goal 10: Housing
FINDING: This goal calls for land availability of adequate
numbers of needed housing units, and allows for flexibility of
housing location, type, and density. The applicant is meeting
the goals of the city's housing needs by providing retirement
housing. The city's compliance with the housing goal remains
intact, since the change is minor and driven by a need (refer to
FINDINGS under public need criteria below).
Goal 12: Transportation
FINDING: This goal is to provide and encourage a safe,
convenient and economic transportation system. A
IIA
Findings in Support 15
ATTACHMENT
Page 1 '7 of
llA
transportation study was conducted for the proposed
development by Associated Transportation Engineering and
Planning. The analysis concluded that the proposed use
would not have a significant impact on the street system and
all intersections within the area will oj:)erate at acceptable
levels of service during the peak hoursl of the road system.
The proposal is consistent with this goal and the city's
transportation goals.
Goal 13: Energy Conservation
FINDING: This goal calls for land, and uses developed on the
land, to be managed and controlled so as to maximize the
conservation of all forms of energy, based upon sound
economic principals. The proposed use borders an arterial
street. The location is convenient to commercial areas and
public services and vehicle access to the site is direct and
efficient. The site is convenient for public mass transit to local
services. Sidewalks and bicycle parking facilities will provide
the opportunity for staff or visitors to walk or bike to the
facilities. Proposed trees will help to shade the buildings and
current insulation code requirements will insure minimum loss
of heat through walls, roof and windows. The proposal is
consistent with this goal.
Goal 14: Urbanization
FINDING: This goal is to provide for an orderly and efficient
transition from rural to urban land use. The property is within
the city's urban growth boundary and is expected to be
urbanized over time. The proposal is entirely consistent with
this goal and with the city's growth and annexation goals.
(b)
The proposal complies with the remaining Goals and
Policies of the Comprehensive Plan.
FINDING: The application complies with this criteria based on
FINDINGS made within other parts of this staff report (section
VI-A).
(c)
There is a clearly demonstrated public need for the
proposed amendment.
FINDING: The applicant has provided substantial and
convincing evidence of a public need for the proposed use.
They state: "Population demographics show that them am
21,157 people living within the zip code boundary of
Woodburn. Them am 2,131 seniors, aged 75 and above,
within this ama." Many of the current assisted living projects
Findings in Support 16
(d)
ATTACHMENT ~.--~5~-,~-
Page~of ,~5
in Woodburn have avoided taking Medicaid residents who
require high levels of care. The proposed project will
accommodate level 4 and 5 Medicaid residents who need high
levels of care, including incontinence care. Further, there is a
Iow vacancy rate for existing retirement and assisted care
facilities in VVoodburn - 4%. A 4% vacancy rate is indicative of
a tight market and a need for more units. With 265 residents
at existing facilities, 1,868 elderly seniors remain who may
need assisted living or retirement units. The proposed project
will provide units for approximately 10% of these persons.
The applicant states, "A new Alzheimer facility known as
"Countryside Living" was opened in Woodburn in August,
which was subsequent to the Applicant filing these land use
applications on June 19, 1999. However, this new facility is
relatively small and will have only 15 units. This new facility
does not change the fact that Woodburn still has a need for
additional Alzheimer care facilities...More than 3% of men and
women over the ages of 65 have some form of Alzheimer
disease. Thus, approximately 64 people in the Woodburn area
have some form of Alzheimer disease. The new facility will
provide assistance to 15 Alzheimer patients, which still leaves
a significant deficit in the number of Alzheimer care units
needed within the Woodburn area."
The proposal best satisfies the public need.
FINDING: The applicant states that the need "will be best met
by the site which is close to medical services, public library, a
grocery, and other supporting commercial services". The site
is also close to an ambulance service which is cdtical for health
and safety considerations. The applicant is also in the best
position to meet the need because of their expertise in
managing retirement and assisted living facilities. The
proposal is a comprehensive facility that will best meet the
needs of the current and future population in the city of
Woodburn. Lastly, the site also best satisfies the need
because of its location on a minor arterial street and in close
proximity to city services. The Comprehensive Plan states that
multi-family land uses should be sited on arterial streets.
Section 16.080 Burden of Proof.
The following specific questions shall be given
consideration in evaluating requests regarding plan and
zoning amendments and are as follows:
Findings in Support 17
ATTACHMENT ~--
Page [~/, of ~ ~-
To support an amendment to the Comprehensive
Plan, the applicant shall:
(1) Prove that the original Plan was in error;
(2)
Show that the communi~, has changed since
the original plan was adopted; or
(3)
Show that there has been a change in the
planning and growth policy of the city.
FINDING: Only one of the above three criteria must be
met. The community's and society's demographics in
general are changing. As the aging of the population
increases, more facilities to serve this population will be
needed. When multi-family land was designated in the
original plan, it was not anticipated that such a change
would occur and that it would require multi-family zoned
land to provide those services. Based on the above
FINDINGS and those within the application, the
applicant has met criterion (2).
(b) To support a zone change, the applicant shall:
(1) Show there is a need for the use proposed;
(2)
Show that the particular property in question
will best meet that need.
FINDING: The applicant has met this criterion through
FINDINGS made under Chapter 16, section 16.050 (c)
and (d) and the Comprehensive Plan Section XII(5)
review portion of this report. To ensure that the zone
change to RM and the Comprehensive Plan Section
XII(5) review portion will not allow for multiple family
development other than the proposed project, the zone
change shall be conditional upon completion of the
approved site plan in compliance with the conditions of
approval. In the event that the project is not completed
in compliance with this approval, the zoning will revert
back to. RS. However, the Comprehensive Plan
designation would remain Residential >12 units per
acre. But, future development would be subject to the
RS zone regulations unless a zone change were
approved.
Chapter 26 Multiple Residential (RM) District
llA
Findings in Support 18
Section 26.010 Use
Within the RM Multi-Family Residential District no building,
structure, or premises shall be used, arranged or designed to be
used except for one or more of the following uses:
(b) Unlimited number of dwelling un'~s as prescribed in
Section 26.080 including:
(6) Homes for the Aged;
(7) Retirement Homes;
(8) Rest Homes;
(9) Nursing Homes
FINDING: The proposed development is an allowed use.
Section 26.040 Height. In an RM District, no building or structure
shall exceed 35 feet or two and one-half stories in height, except
churches and public and semi-public buildings, where permitted
may be built to a height not to exceed 70 feet or six stories,
provided any such building sets back from every street and lot
line one foot for each foot of height of the building in excess of
35 feet, in addition to other yard and setback requirements herein
specified.
FINDING: The proposed development includes buildings of one and
two stories, thus meeting the maximum height standard of two and %
stories. The tallest building (Building 2) will have a height of 25 feet
as defined by City code and a maximum height of 32 feet to the
ridgeline of the roof.
Section 26.050 Side and Rear Yards
(a) There shall be a side yard and a rear yard on every lot in
a RM District, which yards shall have a minimum depth as
follows:
(1) One Story - 5 feet;
(2) Two Stories - 7 feet;
(3) Three Stories - 8 feet.
· Provided there shall be added to the side yard and rear yard
minimum requirements aforesaid, one foot for each multiple for
15 feet or portion thereof, that the length of that side of the
building measures over 30 feet. Notwithstanding Section 1.610,
the rear yard in an RM District shall be measured from the
property line.
11A
Findings in Support 19
{b)
(c)
ATTACHMENT ~
Page~of ~5- _
In lieu of subsection (a) above, side and rear yards may be
provided which will allow placement of portions of a main
building with offsets and jogs at varying yard depths,
provided that the said yards shall conform to the following
conditions: .j
(1) The minimum yard depth for any continuous wall
between offsets and jogs shall be computed and
provided as in (a) above for that portion of the wall
between offsets and jogs; provided the total yard
area equals that which would have been otherwise
provided in (a) above, which area shall be
determined by multiplying the length of the yard
times the depth of the yard.
(2) The minimum yard depth for any portion of a
building shall be six feet.
Notwithstanding the provisions of subsections (a and (b)
of this section, any side yard or rear yard adjacent to a
street shall have a minimum yard depth of 20 feet. No
parking shall be allowed within ten feet of the street
property line, provided, however, in no case shall parking
be allowed in a required rear yard abutting the parallel or
approximately parallel street of a through lot. For the
purpose of this subsection, "through lot" shall be defined
as a lot having frontage on two parallel or approximately
parallel streets.
(d) The yard depth between two or more main buildings on the
same lot shall be equal to that side yard depth measured
to an assumed property line drawn between the buildings.
The yard depth between the assumed property line and
the building shall be not less than as provided in (a)
above.
FINDING: Building I has an east and west facade of 141 feet. Under
subsection (a) the side yard must be 5 feet (for a one-story building)
plus 8 feet (141-30/15) for a total of 13 feet. Its side yard setback is
a minimum'of 12 feet on the east and 84 feet on the west, thus
meeting the requirement on the west side. The east side is one foot
short of the minimum but meets the criteria under subsection (b) in
that it provides offsets and jogs which provide a far greater yard area
than would be provided under subsection (a). The south facade is 70
feet which requires a minimum yard of 8 feet (70-30/15+5). This yard
is well over 8 feet which meets the criteria under subsection (a).
llA
Findings in Support 20
ATTACHMENT
Page ~-- of
Building 2 has a north facade of 226 feet. Under subsection (a) the
side yard must be 7 feet (for a two-story building) plus 14 feet (226-
30/15) for a total of 21 feet. Its side yard setback on the north is 26
feet, thus meeting the requirement. Building 2 has a west facade of
346 feet. The side yard must be 7 feet (for a two-story building) plus
23 feet (346-30/15) for a total of 30 feet. Its side yard setback on the
west is 113 feet at the nearest point, thus meeting the requirement.
Building 2 has a south facade of 215 feet (includes 20 unit Phase 2
addition). The side yard must be 7 feet plus 13 feet (215-30/15) for
a total of 20 feet. This yard is 50 feet, thus meeting the requirement.
Under subsection (c), yards adjacent to a street must be a minimum
of 20 feet. Both buildings have a street side yard of more than 20 feet
and thus meet the requirement.
Under subsection (d), yards between two or more buildings on the
same lot must also meet the side and rear yard setback requirements
of subsection (a). Buildings I and 2 must have at least a 29 foot (8
feet for Building 1 and 21 feet for building 2) yard between them per
subsection (a). These buildings meet this requirement with an 87 foot
yard.
Section 26.060 Front Yard. In an RM District, there shall be a
minimum front yard of 20 feet. No parking shall be allowed
within 20 feet of the front lot line.
FINDING: The site plan demonstrates that the front lot line on
buildings that front Boones Ferry Road and Country Club Road
exceed 20 feet, and that the parking lot does not extend into this
setback with the exception of one parking space adjacent to Building
1. This parking space shall be eliminated and replaced with
landscaping.
Section 26.065 Solar Access. For the purpose of providing solar
access protection, development (including accessory structures
and fences) shall not cast a shadow on the south wall or any
solar access buildable area between the hours of 9:00 a.m. and
3:00 p.m. on December 21st.
FINDING: The applicant has demonstrated through the shadow
pattern drawing (Exhibit F) that the buildings comply with this
standard.
Section 26.070 Landscaped Yards.
(a) In an RM District the following landscaped yards shall be
provided for residential uses other than single and two
family dwellings:
llA
Findings in Support 21
(b)
ATTACHMENT ~
Page ~ of -~%~ "'
(1) For each dwelling unit with one or less bedrooms -
300 feet. One hundred additional square feet for
each bedroom over one.
In an RM District all required yards adjacent to a street
shall be landscaped, except that pcjrtion devoted to off
street parking. Such landscaping may be counted in
fulfilling the requirements of subsection (a).
FINDING: Assuming one bedroom and studio units, the minimum
required would be 30,600 square feet of landscaped yard. The site
plan shows over 94,000 square feet, and thus meets the landscaped
yard requirements.
Section 26.080 Lot Area and Width .... In an RM District the
minimum requirement for lot area for other uses shall be 5,000
square feet plus additional lot area computed as follows:
(a)
For the first through fifth unit:
(1) For each dwelling unit with one or fewer bedrooms
1,200 square feet.
(b)
For the sixth dwelling unit and each succeeding dwelling
unit, the following additional lot area shall be required:
(1)
For each dwelling unit with one or less bedrooms,
one story - 1,250 square feet.
(c)
No main building or group of main buildings shall occupy
more than 30 percent of the lot area...
(d)
Every lot in an RM District shall have a minimum of 60 feet
at the building line. The minimum lot area requirements
for buildings other than dwellings shall be an area not less
than the sum of the area occupied by the building or
buildings, and the area required for yards herein, or 5,000
square feet, whichever is greater.
FINDING: The lot width is 214 feet on Country Club Road and 462
feet on Boones Ferry Road, far exceeding the 60 foot width
requirement. The proposed development is less than the 30%
maximum lot coverage in that it covers 24% of the site (including
phase 2). The lot area required for the proposed development totals
132,250 square feet [5,000+(5xl ,200)+(97xl ,250)] which is less than
the lot area of 188,896 square feet.
Building 2 as proposed will be constructed across existing property
llA
Findings in Support 22
E=
ATTAGHMENT ~-~,.
lines. The applicant anticipates that each building will be located on
its own lot. To address this issue, a condition of approval will require
that existing lot lines be removed or relocated by lot line adjustment
and/or lot consolidation prior to issuance of building permits.
Chapter 39 Parkland Dedication and Cash_-jn-lieu
FINDING: A condition of approval specifies that the applicant shall
pay the required parks systems development charges in full as
building permits are issued for the proposed development.
Woodburn Landscaping Policies and Standards:
FINDING: The applicant is providing 50% of the site in landscaping and this
greatly exceeds the 20% requirement. The applicant is providing a
landscaped strip next to both public streets of at least 20 feet in width and
this exceeds the 5 foot requirement. Over 18% of the interior area will be
landscaped and this meets the standard.
The landscaping plan shows 15 large trees along the Boones Ferry frontage,
and 4 large trees and 2 medium trees along the Country Club Road frontage.
This meets the requirement.
At 8 trees per acre, this development is required to have a minimum of 34
trees exclusive of the frontage trees. It will have approximately 80, thus
meeting the standard. The landscape plan also shows that the required
small, medium, and large trees will be planted around the parking lot.
The applicant is complying with the 7 foot fence and 15 foot landscaped strip
adjacent to the west and south property lines (next to single-family
residential).
Woodburn Sign Ordinance
FINDING: The applicant is proposing an entry monument sign at the
driveway entrances along Boones Ferry and Country Club Road. Exhibit F
shows the profile of the signs and the Site Plan shows their location.
Woodburn Transportation System Plan
FINDING: Associated Transportation Engineering & Planning (ATEP)
prepared a traffic analysis for the original proposed development. This
analysis was modified to reflect the revised proposal. The revised analysis
indicates that this proposal would generate approximately 232 trips per day
with 18 new trips during the p.m. peak hour. This is a significant decrease
in trips from the original proposal which would have generated 538 tdps per
day.
1lA
Findings in Support 23
Vo
ATTACHMENT
Page o~5". of
The analysis concludes that the development would have no significant
impact on the surrounding traffic network and that no operational problems
are expected.
A condition of approval will be that the applicant dedi(~ate additional right-of-
way on Boones Ferry Road and sign a non-remonlstrance agreement to
participate in improvements to Boones Ferry Road and Country Club Road.
F. Woodburn Access Management Ordinance
FINDING: Boones Ferry Road is classified a minor arterial with a 100 foot
driveway spacing standard. Country Club Road is classified an access street
with a 50 foot driveway spacing standard. As shown on the enclosed Site
Plan, both driveways will be over 300 feet from the intersection of the two
streets and meet driveway spacing standards.
CONCLUSION: The revised proposal satisfies all approval criteria relating to the
annexation, comprehensive plan map amendment, zone map amendment and site
plan review.
11A
Findings in Support 24
ATTACHMENT
Page _ / of
ATTACHMENT "D"
CONDITIONS OF APPROVAL
ANNEXATION 99-02, COMPREHENSIVE PLAN MAP AMENDMENT 99-02, ZONE
MAP AMENDMENT 99-06, AND SITE PLAN REVIEW/99-14
Zone Change:
The zone change to RM (Multiple Family Residential) is conditional contingent
upon completion of the approved development in compliance with the following
conditions of site plan approval. In the event that the approved development is
not completed in compliance with said conditions, the RM zoning of the site shall
revert back to RS (Single Family Residential). Any subsequent development
shall then be subject to RS zone regulations.
Site Plan Review:
2. Site Plan Review approval is subject to approval of the annexation, plan
amendment, and zone change.
3. The proposed development shall be in substantial conformance with Exhibits A,
B, E and G, all dated 11-9-99, and Exhibit F, dated 5-15-99, except as otherwise
amended by these conditions.
4. Final landscaping and irrigation plans shall be submitted to the Community
Development Department for approval prior to issuance of building permits.
Said plans shall indicate the names (botanical and common), sizes and locations
of all plants and shall be prepared in compliance with all requirements of the
Woodburn Landscaping Policies and Standards. The final landscaping plan
shall include a significant number of evergreen trees along the south property
line to provide a sufficient buffe~: for the adjacent residences.
Garbage collection, loading and unloading areas, and other utility areas, shall
be screened around their perimeters by a buffer strip a minimum 3 feet wide or
by an opaque fence six foot in height.
All landscaping shall be maintained year round. Plantings shall be watered
regularly and in a manner appropriate for the specific plant species through the
first growing season, and dead and dying plants shall be replaced by the
applicant during the next planting season. No buildings, structures, storage of
material, or parking shall be permitted within the required landscape and buffer
areas. All landscape and buffer areas shall be maintained and kept free of all
debris, weeds and tall grass.
Conditions of Approval for ANX 99-02, CPA 99-02, ZC 99-06, SPR 99-14 Page 1
llA
10.
11.
12.
13.
14.
15.
16.
ATTACHMENT
Page ~ of
A lighting plan shall be submitted to the Community Development Department
prior to issuance of building permits. Said plan shall indicate intensity of site
illumination and shall ensure that light impacts on adjacent uses are minimized.
The applicant shall comply with parking lot lighting and area and building lighting
as specified by the Woodburn Police Department.
Comply with the parking and loading area development requirements as
specified in Chapter 10 of the Zoning Ordinance.
Meet vision clearance standards of Chapter 8 of the Zoning Ordinance.
Curbing, striping, sprinkler system, lighting and bicycle racks shall be kept in
good condition. Any damage shall be repaired in a timely manner.
At such time that building permits are issued, each building will be reviewed for
compliance with residential set back requirements. The new fencing will also be
reviewed for compliance with residential standards prior to permit issuance.
Comply with the Woodburn Comprehensive Plan, the Woodburn Transportation
Plan, the Woodburn Access Management Ordinance, the Sign Ordinance, and
the following chapters of the Woodburn Zoning Ordinance: Ch5, Ch8, Ch9,
Ch10, Ch11, Ch15, Ch19, Ch26 and Ch39.
At least one bicycle rack with at least three spaces shall be installed at the
complex.
Prior to occupancy permit issuance, the applicant shall comply with the
conditions of approval established by the Planning Commission and submit one
set of reproducible as-builts.
Existing lot lines shall be removed or relocated by lot line adjustment and/or lot
consolidation prior to issuance of building permits. New lot lines shall be
adjusted to ensure that all buildings meet required setbacks.
The site plan shall be revised prior to submittal of plans for a building permit.
The revised site plan shall show that the parking space within the 20 foot
setback along Country Club Road is removed and replaced with landscaping.
The System Development Charge required for parks shall be paid in full prior to
the issuance of the building permit.
Any conditions attached to the approval of the site plan shall be conditions on
the issuance of a building permit. A violation of the conditions shall be
considered a violation of the ordinance.
llA
Conditions of Approval for ANX 99-02, CPA 99-02, ZC 99-06, SPR 99-14
Page 2
17.
18.
19.
20.
21,
22.
23.
24.
25.
26.
27.
Fire District Conditions:
ATTACHMENT '~ ,,
Page '~ of _5- ._
The following information shall be submitted prior to issuance of building
permits: occupant load, number of exits, exit hardware, exit signage, and
emergency lighting.
FDC shall be located off of the buildings and at a location J~greed upon by the
Fire District, City of Woodburn and the developer.
Alarm system required in all facilities.
Premise identification shall meet city standards. Apartment numbering system
shall be submitted to the Fire District for approval.
An onsite water supply system shall be available, operational and acceptable to
the city prior to the construction of combustible buildings. Access during
construction shall support the weight of Fire Apparatus and allow access to the
facility.
Public Works Conditions:
Final construction plans shall be submitted to the city for review and approval
and shall conform to the construction plan review procedures and standards.
On-site existing water wells and subsurface sewage disposal systems shall be
abandoned by the applicant in conformance with all state regulations and
requirements. However, use of the existing water well for irrigation purposes
may be allowed subject to approval of the Woodburn Water Department and in
compliance with all city and state regulations.
All city maintained facilities located on private property will require a minimum 16
foot wide easement be conveyed to the city by the property owner. This is the
applicants responsibility to provide, not the city's.
The applicant, not the city is responsible for obtaining permits from any state,
county and/or federal agencies which may require such permit or approval.
All work within the public right-of-way or public easement shall conform to the
City of Woodburn standard construction specifications and details.
The development shall be responsible for street improvements meeting city
standards on Country Club Road and Boones Ferry Road. Prior to any Building
permits being issued, the property owner shall be required to sign a non-
remonstrance consent form to participate and pay a fair share cost as
1lA
Conditions of Approval for ANX 99-02, CPA 99-02, ZC 99-06, SPR 99-14Page 3
28.
29.
30.
31.
32.
33.
34.
35.
ATTACHMENT
Page ~ of ,~-
determined by the City Council, for street improvements meeting city standards
on Country Club Road and Boones Ferry Road.
The property owner shall dedicate to the city an additional 5 feet of property
along Boones Ferry Road for roadway purposes prior to any building permits
being issued.
Access improvements onto Boones Ferry Road and Country Club Road if
installed prior to the street improvements, shall be designed to provide adequate
temporary ingress and egress traffic and shall be constructed of asphaltic
concrete. A permanent concrete approach meeting the City of Woodburn
commercial standard shall be required to be installed by the applicant in
conjunction with the future street improvements.
On-site storm water runoff detention shall be required meeting city standards.
This development shall not cause storm water runoff to be impounded on
adjacent properties.
The city has no improved storm sewer in the vicinity except an existing 10"
diameter storm sewer at the intersection of Boones Ferry Road and Country
Club Road that discharges to Miller Farm Road, this system may be utilized
temporally if capacity is available. The applicant shall provide a hydraulic
analysis of the development and existing storm sewer. The permanent system
shall discharge to Goose Creek by a piped storm sewer system within Boones
Ferry Road, this would be part of the Boones Ferry Road Street Improvements. If
the existing system does not have sufficient capacity the storm sewer system to
Goose Creek shall be installed by the applicant at this time. The applicant will be
responsible for the cost and size associated with the development, material cost
in over sizing would be the city's responsibility.
Sanitary sewer service to the property shall be installed by the applicant from the
existing sanitary sewer main within Boones Ferry Road. Currently an adequate
service is not stubbed to the property, the city may elect to provide this stub in
preparation for the upcoming street improvements, the applicant shall reimburse
the city for the cost of this installation at the time of building permit issuance.
The applicant shall comply with City of Woodburn Wastewater Department
regulations.
The sanitary sewer easement and sanitary sewer service proposed to be
relocated through the site is a private service and easement, not a city facility.
The applicant shall obtain the proper approvals from the beneficiary of said
easement.
llA
Conditions of Approval for ANX 99-02, CPA 99-02, ZC 99-06, SPR 99-14Page 4
llA
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
The water main shown on the plan as an existing 12" D.I. water main to serve
this development is a 14" dia. concrete cylinder transmission line and shall not
be tapped to provide service to this development.
The applicant shall install an 8" diameter water main from the existing 8"
diameter main on the west side of Boones Ferry Road at itc intersection with
Henry's Boulevard, along Boones Ferry to the intersectiorCof Country Club
Road, then along the south side of Country Club Road to the existing water main
near the Northwest corner of this development. The proposed fire hydrants and
service lines can then be tapped from this line.
Domestic water meters shall be placed in the public right-of-way.
Comply with City of Woodburn Water Department standards in regards to proper
backflow devices. If the existing well is used for landscape irrigation, the
minimum backflow prevention on each service will be a reduced pressure
device.
Relocate the proposed vaults/meters and fire hydrant shown serving Building 2
near the northeast corner, to the north side of the entrance/approach onto
Boones Ferry Road.
Fire hydrant shown on Boones Ferry Road near the southeast corner of the
development shall be extended westerly and place next to the interior driveway
access. An easement will be required.
Install additional fire hydrant on the west side of the building and place on the
west side of the interior drive access near the existing water main.
Fire hydrants on Country Club Road shall be placed in the public right-of-way
and not on private property as the site plan indicates.
On site construction shall not commence until the improvement plans have been
reviewed and approved by the Public Works Department, and all right-of-way
permits, system development charges have been paid.
Building Department Conditions:
Applicant shall submit to the Building Dept. letters of "Evacuation Capabilities" in
order to assign the appropriate occupancy classification to each str. ucture.
All required building permits shall be obtained prior to start of work.
Conditions of Approval for ANX 99-02, CPA 99-02, ZC 99-06, SPR 99-14Page 5
lIB
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Council through City Administrator''/J''~ -}
Public Works Program Manager
Selection of Consultant to Assessment of Americans with Disabilities Act
(ADA) Compliance on City Public Use Facilities
March 21, 2000
RECOMMENDATION: Approve the attached resolution selecting Hennebery Eddy
Architects, Inc. to complete an assessment of city public facilities for Americans with
Disabilities Act (ADA) compliance and authorizing the City Administrator to sign an
agreement to conduct the assessment.
BACKGROUND: The city requested proposals from consulting firms for an
assessment of city public facilities for ADA compliance. The city received proposals
from three firms. The proposals were independently reviewed by city staff members
and after this review the unanimous recommendation was that Hennebery Eddy
Architects, Inc. was best suited for the work required by the city. They have a wide
range of ADA compliance assessment experience in both the public and private sector.
The assessment was part of this fiscal years budget and the cost will be less than the
budgeted amount. The assessment will be completed by June 30, 2000. Staff is
requesting that Hennebery Eddy Architects, Inc. be selected and that the City
Administrator be authorized to negotiate and sign an agreement for the assessment.
liB
COUNCIL BILL NO.
RESOLUTION NO.
2035
.I
A RESOLUTION SELECTING HENNEBERY EDDY ARCHITECTS, INC FOR AN ASSESSMENT
OF CERTAIN CITY FACILITIES FOR COMPLIANCE WITH THE AMERICANS WITH
DISABILITIES ACT AND AUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO AN
AGREEMENT FOR THE ASSESSMENT.
WHEREAS, There are city facilities that are utilized by the general public on a regular
basis, and
WHEREAS, The city must comply with the provisions of the Americans with
Disabilities Act in regard to the accessibility of city public facilities to those who are
disabled, and
WHEREAS, Expert analysis of certain city facilities that are utilized by the general
public on a regular basis is required to determine if they comply with accessibility
standards established by the Americans with Disabilities Act, and
WHEREAS, The city has determined that Hennebery Eddy Architects, Inc is qualified
to provide the expert assessment of city public use facilities in regard to compliance with
the Americans with Disabilities Act; NOW THEREFORE
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn select Hennebery Eddy Architects for
consulting services to provide an assessment of certain public use city facilities for
compliance with the Americans with Disabilities Act.
Section 2. That the City Administrator of the City of Woodburn be authorized to
enter into an agreement with Hennebery Eddy Architects for an assessment of certain
public use city facilities for compliance with the Americans with Disabilities Act on behalf
of the City.
Page 1 -
COUNCIL BILL NO.
RESOLUTION NO.
liB
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, Recorder
City of Woodburn, Oregon
Page 1- COUNCIL BILL NO.
RESOLUTION NO.
City of Woodburn
Police Department
270 Montgomery Street
llC-D
STAFF REPORT
Woodburn OR 97071 (503) 982-2345
Date:
From:
To:
Through:
March 21, 2000 ~
Paul Null, Chief of P
Mayor and City Coun ' ~~-~---~
John Brown, City Administratoi'=~
i
Subject:
Mid-Willamette Valley Police Mutual Aid Agreement
Special Police Operations Teams Agreement
In 1987, the City of Woodbum entered into it's first Mid-Willamette Valley Police Mutual Aid
Agreement with law enforcement agencies in Marion, Yamhill, and Polk Counties. This
agreement was updated and resigned in 1991.
Also in 1987, the City of Woodbum entered into a separate agreement with Salem Police
Department which by Salem Police Department would provide specialized police services
outside the scope of the Mid-Willamette Police Mutual Aid Agreement. The agreement
establishes guidelines in which Salem Police Department would provide Special Police
Operation Teams such as SWAT, Hostage Negotiations and Bomb Squad services to the City of
Woodburn.
Even though the term of the agreements are perpetual, involved agencies feel it is time to review
the agreements and update signatures. The agreements allow mutual aid from other law
enforcement agencies in times of emergency which would otherwise overtax the resources of
individual agencies. Such intergovernmental agreements are authorized under Oregon Revised
Statute Chapter 190.
Recommendations:
The City Council enter into an ORS 190 mutual aid agreement with Mid-Willamette Valley
police agencies.
The City Council enter into an ORS 190 agreement with Salem Police Department to provide
Special Police Operations to the City of Woodbum.
COUNCIL roLL NO. 2,036
RESOLUTION NO.
A RESOLUTION AUTHORIZING EXECUTION OF AN "AGREEMENT FOR USE OF
SPECIAL POLICE OPERATIONS TEAMS" WITH THE CITY OF]SALEM POLICE.
WHEREAS, it is mutually beneficial for public agencies to supplement, coordinate, and
support one another in the event of special emergency service situations; and
WHEREAS, the City of Salem is the primary provider of special police operation teams
such as Special Weapons and Tactics (SWAT), Hazardous Devices Negotiations within the
Marion County area; and
WHEREAS, Oregon Revised Statutes Chapter 190 authorizes such intergovernmental
agreements for cooperative services; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The Mayor is authorized to sign on behalf of the City of Woodbum said
"Agreement for Use of Special Police Operations Teams," a copy of which is attached for
reference. ~
zoo o
Approved as to form:
City Attorney Date
Approved:
Richard Jennings, Mayor
llC
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 Woodbum, Oregon
Page 1 - COUNCIL BILL NO.
RESOLUTION NO.
llC
AGREEMENT FOR USE OF
SPECIAL POLICE OPERATIONS TEAMS
This Agreement is made between the City of Salem, an Oregon municipal corporation ("Salem"),
and the WOODBURN POLICE DEPARTMENT, an Oregon municipal corpo.~tion ("User"), for the
purpose of establishing terms and conditions for the use of Salem's special operations teams by User.
This Agreement is entered into pursuant to ORS Chapter 190; and has as its further consideration
the mutual benefits, obligations, reservations and protections herein contained.
ARTICLE 1. - DEFINITIONS
1.1. "Chief Officer" means the User's Chief of Police, Sheriff, or other head of the User's law
enforcement agency; or the person who, by law, administrative rule, or special appointment, is acting in
that capacity in the absence of the permanent head of the agency.
1.2 "Consumables" means ammunition, food, and other materials used by a special team
which, once used, are unsuitable for further use "as is." The term does not include fuel, lubricants, etc.,
consumed by vehicles used for transport of special teams and their equipment.
1.3. "Duty Commander" means the Shift Commander, Watch Commander, Force
Commander, Station Commander, or other officer who is on duty as supervisor in charge of a law
enforcement agency's operation.
1.4. "Incident Commander" means the officer assigned by Salem to supervise and command
the operations of one or more special teams at an incident, and to have full command of all other law
enforcement operations and activities within the incident perimeter
1.5. "Incident Perimeter" means the geographic perimeter as established or modified from
time to time by the Incident Commander, and within which the Incident Commander is in charge of all
law enforcement operations.
1.6. "Liaison Officer" means a supervisory officer assigned by the User's Duty Commander to
assist, coordinate, and maintain communication between the Salem Incident Commander and the User's
Duty Commander.
1.7. "Special Team" includes the Special Weapons and Tactics Team ("SWAT"), the Hostage
Negotiations Team, the Hazardous Devices Team, and any other special capability team created by Salem
to handle specialized high-risk police operations and identified as a special team for purposes of this
Agreement by Salem's Chief of Police.
ARTICLE 2. - PROCEDURES
2.1. User may request the services of Salem's special teams only by direct request from its
Duty Commander upon express approval of its Chief Officer. Such request shall be communicated
directly by User's Duty Commander to Salem's Duty Commander, and shall include an explicit
AGREEMENT - SPECIAL POLICE OPERATIONS TEAMS - Page 2
11C
confirmation that User's Chief Officer has been informed of and specifically authorized that particular
request.
2.2. Salem's Duty Commander will respond to the User within 15 minutes whether a request
will be honored or not. Salem, through its Chief Officer and Duty Commander reserve complete and sole
discretion to grant or deny any request for the use of special teams. ]
2.3. Upon approval of a request, an Incident Commander from Salem's Police Department
will be assigned and officers assigned to comprise the team or teams. User will assign a Liaison Officer
and notify Salem's Duty Commander. Salem expressly disclaims all responsibility for time of response.
Arrival of individual team members in sufficient strength to assume operational responsibility for an
incident is dependent upon factors such as availability of equipment, scheduled vacations and days off,
other special assignments, etc., some of which are beyond Salem's control and others are within Salem's
sole discretion and judgement as to priority of assignment.
2.4. Once Salem's Incident Commander arrives at the scene of the incident, the Liaison
Officer will brief the Incident Commander and define the goals and objectives to be met in resolving the
incident. The Incident commander will assess the situation and inform the Liaison Officer of the
necessary incident perimeter and any necessary preliminary operations which can be done by the User
(road blocks, evaluation, intelligence gathering, establishing communications with utilities, etc.). When,
in the judgement of the Incident Commander, an effective liaison has been established and sufficient
special team personnel and equipment are ready, he or she will assume command of the incident and so
notify the Liaison Officer.
2.5. User shall provide support, facilities, consumables, perimeter security, and other
assistance as requested by the Incident Commander until command of the incident is reassumed by or
relinquished to the User as provided in Section 4.1.
2.6. While in command of the incident, the Incident Commander shall have sole authority to
direct and control special team members, and any User agency officers who may be given special limited
duties within the incident perimeter. The User agency shall be responsible for maintaining perimeter
security, and for all support operations.
ARTICLE 3. - LEGAL STATUS OF PARTIES AND PARTICIPANTS
3.1. The sole operational functions of the City of Salem, its Chief Officer, and Duty
Commander are to review requests for special teams; and, if approved, assign an Incident Commander
and team members. Once so assigned, the Incident Commander and team members are agents of the
User, and are entitled to indemnity and defense by the User pursuant to ORS 30.260 to 30.300 as agents
of the User.
3.2. Any and all employees of Salem involved in the selection, and equipping of the Incident
Commander and team members do so as agents of the user, and are likewise entitled to indemnity and
~lefense by the User pursuant to ORS 30.260 to 30.300.
3.3. Selection, assignment, discipline, and training of Salem's special team members,'
generally, is done without consideration of their use in such capacity by other agencies. Salem's Chief of
Police, City Manager, and Common Council have in their discretion, chosen and approved the nature and
AGREEMENT - SPECIAL POLICE OPERATIONS TEAMS - Page 3
llC
level of training and qualifications of police command officers and special team members to suit what
they believe to be the proper balance between available resources and public needs. User agrees that
Salem makes its special teams and Incident Commanders available hereunder without any representation
as to the suitability or applicability of their training, equipment, or qualifications in incidents outside the
City of Salem; and acknowledges that Salem's discretion, through its officers, employees and agents, as
to the fitness, training, equipment, character, and ability of its command officers~nd special team
members is discretionary within the scope and meaning of ORS 30.265(3) (c). ~-
3.4. To the extent it lawfully may under the Constitution and laws of Oregon, the User agrees
to indemnify, defend, and save harmless the City of Salem, its officers, employees and agents from and
against any and all claims, actions, and appeals arising out of or incident to User's use of Salem's
personnel under this Agreement.
3.5. User shall reimburse Salem for the actual cost of any consumables used by special teams
in connection with their operations under this Agreement.
3.6. Salem shall pay all salary and fringe benefit costs, including Workers' Compensation
coverage as required by law and also including overtime compensation, if any, incurred with respect to
its personnel .furnished to User hereunder.
3.7. Any persons arrested by Salem police officers acting under this Agreement shall be
deemed for all purposes, including provision of medical care as required by law, to be in the custody of
the User and not Salem.
ARTICLE 4. - TERMINATION
4.1. The participation of Salem's personnel in any incident may be terminated by:
4.1.1. The Incident Commander upon that officer's determination that the incident is
resolved and notification thereof to the Liaison Officer;
4.1.2. The Incident Commander when, in that officer's discretion and judgement, it
appears that further participation of Salem personnel would represent an unreasonable risk to their safety
or welfare, or to the safety of others not involved in the incident;
4.1.3. The User's Chief Officer or Duty Commander upon notice to the Incident
Commander.
4.2. Upon termination of Salem personnel's participation in an incident, the Incident
Commander shall notify the Liaison Officer of their withdrawal and the reasons thereof. Salem
personnel shall thereafter have no further authority or responsibility with respect to the incident.
4.3. Within 48 hours after termination of participation in an incident, Salem shall provide
User with copies of such incident reports as would be produced by its officers involved in a similar
incident in Salem; provided, hOwever, that this shall not obligate Salem to furnish copies of reports
generated by personnel from another agency, Internal Affairs reports, or reports prepared in anticipation
of any potential administrative or judicial proceeding.
AGREEMENT - SPECIAL POLICE OPERATIONS TEAMS - Page 4
llC
ARTICLE 5. - TERM AND CANCELLATION
5.1. This Agreement may be canceled by either party upon 30 days prior written notice to the
Chief Officer of the other.
5.2. Except as provided in Section 5.1., this Agreement shall be perl~ tual, continuing in force
and from the most recent date of execution set forth below until terminated.
ARTICLE 6. - MISCELLANEOUS
6.1. This Agreement represents the entire understanding of the parties with respect to the
subject matter hereof, and supersedes any and all prior written and verbal agreements, representations,
and understandings with respect to the same subject matter.
6.2. The terms and conditions hereof are severable, and independent. Invalidity of any part
hereof shall not be construed as impairing the validity or enforce ability of the remainder.
6.3. This Agreement may be waived or modified, in whole or in part, permanently or pro
tempore, only by prior written agreement of the parties. No other waiver, modification, or amendment
may be made, and no representation purporting to do so may be relied upon by either party.
IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their
respective names by their duly authorized representatives as of the dates set forth below.
CITY OF SALEM, OREGON
CITY OF WOODBURN, OREGON
By: By:,
Mike Swaim, Mayor Title:
Date: Date:
AGREEMENT - SPECIAL POLICE OPERATIONS TEAMS - Page 5
llD
CO JNCm BmL NO. 2037
RESOLUTION NO.
A RESOLUTION AUTHORIZING EXECUTION OF A "POLICE ~CTUAL AID
AGREEMENT" AMONGST VARIOUS MUNICIPAL, COUNTY, A~ND STATE LAW
ENFORCEMENT AGENCIES.
WHEREAS, it is mutually beneficial for public agencies to supplement, coordinate, and
support one another in the event of certain emergency situations, and
WHEREAS, the community welfare is best preserved through such supplemental police
support which would otherwise overtax the resources of a single jurisdiction during such
emergency situations; and
WHEREAS, Oregon Revised Statute Chapter 190 authorized such intergovernmental
agreements for cooperation services; and
WHEREAS, the City of Woodburn has previously entered into such mutual aid
agreements for said benefits; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The Mayor is authorized to sing the Mid-Willamette Valley Police Mutual Aid
Agreement on behalf of the City ofWoodburn, a copy of which is attachec~ hereto for reference.
Approved as to form:~ ~ ~ Dat~e.~ff''/~OO O/ '
City Attorney
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 Woodburn, Oregon
Page I - COUNCIL BILL NO.
RESOLUTION NO.
liD
General Conditions
March 9, 2000
°
These General Conditions are intended to provide the framework of benefits and obligations
within which any Oregon law enforcement agency with jurisdiction in Marion, Polk or Yamhill
Counties may obtain the aid and assistance of any other agency which has agreed to be bound by
the same conditions.
The term "this Agreement" refers to the collective agreements by which law enforcement
agencies consent to and are bound to these General Conditions, and includes these General
Conditions themselves. The term "Party" includes every agency which has signed such an
agreement.
It is to the mutual advantage of the parties hereto that there be supplementary police aid available
should a public occurrence or event sorely tax the police facilities of a single party, threaten to
reach a magnitude or duration beyond the ability of a single police agency to control, or, for the
public safety, require a multi-jurisdictional coordinated effort.
The parties contemplate that such supplementary police service would be available in, but not
limited to, situations and circumstances such as: riot, unlawful assembly, insurrection, .major
disaster, apprehension of suspected felons, parades or other events where unusually large
gatherings are to be found, search parties, and other instances where the local agency's human
resources cannot reasonably be expected to cope with the situation; and further that
supplementary police service would be available on a routine basis, as between neighboring
jurisdictions, when, for whatever reason, a particular police agency is unable to respond
immediately to a situation requiring immediate and speedy police response and the neighboring
agency has the present ability to respond.
This Agreement is of a type and for a purpose expressly authorized by Chapter 190, Oregon
Revised Statutes and is not otherwise prohibited by law.
The governing authority of each party has determined that it is mutually advantageous to render
assistance to and receive assistance from other parties, and the benefit to be derived by each of
the parties from availability of additional police service and support is ample consideration for
each to enter into this Agreement.
If there is a "police problem" within the area of jurisdiction of one of the parties, and the problem
is of such gravity and consequence that the regular police, personnel of such party cannot readily
control or suppress the same, the senior police officer on duty may request assistance from one or
MM. Willamette Valley Police Mutual Aid Agreement
Genef'al Conditions, 02/01/00 - Page 1
liD
10.
11.
12.
13.
more of the parties to this Agreement by notifying the Police Chief, Sheriff or their designated
officer on duty of the agency from whom assistance is requested.
Upon receipt of such request for aid, the agency to whom the request is made shall respond at its
fullest ability without, in its judgement, compromising its ability and resources to maintain a
reasonable level of service within its own jurisdiction. The decision of ~e Police Chief, Sheriff
or other duly designated officer of the agency from whom aid is requested as to what manpower,
equipment and vehicles are available for response shall be final.
The requesting agency's officer in charge at the scene of the "problem" shall remain in charge
and provide general directions to all aiding agency personnel. At the request of the officer in
charge, any aiding agency shall withdraw its personnel from the scene of the problem.
Where the services of responding agencies are required on a dispersed or multiple location basis,
the requesting agency's senior officer on duty shall designate an officer as "Coordinator." The
Coordinator shall have authority to assign responding agency personnel to locations within or
without the requesting agency's jurisdiction. When responding personnel are dispatched to
locations outside of the requesting agency's jurisdiction, the Coordinator shall promptly notify
the senior officer in the jurisdiction to which said personnel are dispatched. That senior officer
shall provide direction to responding agency personnel as needed to carry out the mission
assigned by the Coordinator.
It is mutually agreed and understood that this Agreement shall not relieve any party hereto of the
responsibility for police protection within its own jurisdiction, nor does this Agreement create
any right in or obligation to third persons by any party hereto which would not exist in the
absence of this Agreement.
Each of the parties hereto shall continue to provide the same salaries, compensation for death or
disability, retirement and furlough payments, cost of transportation, and other normal fringe
benefits to their employees who are assigned to render assistance to another party pursuant to this
Agreement as those employees would receive if on duty within the boundaries of the party by
which they are employed. Costs of equipment, supplies, and materials used or expended, and
reasonable subsistence expenses incurred while rendering assistance under this Agreement will
be borne by the party requesting such assistance and authorizing the use of said equipment,
supplies, materials; and reasonable subsistence expenses.
It is agreed that this Agreement for mutual aid shall constitute the sole consideration for the
performance hereof, and no party hereto shall be obligated to reimburse any other for use of
manpower. Each party hereto shall protect its own employees performing under this Agreement
by adequate Workers' Compensation Insurance or self-insurance. Each party hereto shall obtain
and maintain in full force and effect adequate public liability and property damage insurance or
self-insurance public liability and property damage insurance or self-insurance to cover claims
for injury to persons or damage to property arising from the performance of this Agreement.
Each jurisdiction shall be responsible for the acts of its own employees.
Mid-Willamette Valley Police Mutual Aid Agreement
General Conditions, 02/01/00 - Page 2
11D
14.
15.
16.
17.
18.
19.
Persons arrested by officers whose services are being provided to another agency requesting their
service shall be deemed, for all purposes including provision of medical care as required by law,
to be in the custody of the agency which requested the assistance under this Agreement.
It is expressly understood that this Agreement does not cover the use of special incident teams
such as Special Weapons and Tactics (SWAT), Hostage Negotiations, a'[~d Hazardous Devices.
Deployment of such special teams to assist another agency must be pursuant to a separate
agreement.
The term of this Agreement shall be perpetual, subject to the right of any party to withdraw as
provided herein. These General Conditions may be modified at any time by mutual consent of
all agencies who are then parties hereto. Any party to this Agreement may withdraw at any time
on thirty (30) days written notice to the Chief of Police of the City of Salem. Thereafter this
Agreement shall continue to exist among the remaining parties. Any party hereto may be
excluded from this Agreement upon thirty (30) days written notice executed by at least a majority
of the agencies who are then parties hereto. Upon withdrawal or exclusion of a party, the Chief
of Police of Salem shall give prompt written notice of such act to the chief officers of all
remaining parties.
It is expressly declared to be the intention of each party signatory hereto that its participation in
this Agreement is not dependent on the participation of any other law enforcement agency,
whether or not already a party hereto.
The parties hereto and each of them agree that all mutual aid agreements existing between them,
to the extent that said agreements cover the same matters covered herein, are hereby canceled
and shall be of no further force or effect.
Any law enforcement agency eligible as described in paragraph one of these General Conditions
may become a party to this Agreement by appropriate action of its governing body or other
official or body having the authority to enter into intergovernmental agreements on behalf of the
agency, causing two copies of an Agreement in the form attached hereto as Exhibit A to be
signed on its behalf by its duly authorized official or officials, and delivering both copies to the
Chief of Police of the City of Salem. Upon such delivery, the Chief of Police of Salem shall
transmit one original to the Chief of Police of the City of Woodburn, keep the other on file,
acknowledge receipt in writing to the agency, and notify all other parties of the addition of such
agency as a party.
-- End of General Conditions -
Mid-Willamette Valley Police Mutual Aid Agreement
General Conditions, 02/01/00- Page 3
llD
MID-WILLAMETTE VALLEY
POLICE MUTUAL AID AGREEMENT
I. On the day and year last set forth below, the City of Woodburn, Oregon, for its
Police Department ("Agency"), based upon duly adopted action or authority of its governing
body or other official or body having authority to enter into intergovernmental agreements on
behalf of the Agency, agrees to and accepts the MID-WILLAMETTE VALI~EY POLICE
MUTUAL AID AGREEMENT GENERAL CONDITIONS dated March 9, 2000, and agrees to
become a party to a multi-agency mutual aid system governed by those General Conditions.
2. All prior agreements concerning the same subject matter and scope of coverage
are hereby terminated as of the date last set forth below.
IN WITNESS WHEREOF the Agency has caused this Agreement to be signed, in
duplicate, by its duly authorized representatives as of this day of ,2000.
THE CITY OF WOODBURN, OREGON
By:
Title:
Attest:
Title:
APPROVED AS T° FORM:
Legal Counsel
llE
MEMORANDUM
270 Montgomery Street
Woodburn, Oregon 97071
(503) 982-5250
.I
Date:
To:
March 23, 2000
Mayor & City Council through City Administrato
From: Community Development Department
Subject: Oregon 1&2 Family Dwelling Code Adoption
The State of Oregon legislature adopts the (5) model codes on a (3) year cycle, to be
administered by municipalities having a building inspection program or parts of a program.
Those codes are Oregon Structural Specialty Code, Oregon Mechanical Specialty Code,
Oregon Plumbing Specialty Code, Oregon Electrical Specialty Code and Oregon 1&2 Family
Dwelling Specialty Code.
On April 1,2000, the formal adoption, by statute, of the Oregon 1&2 Family Dwelling
Specialty code becomes effective and enforceable. This code regulates the way single
family and duplex (2 units) are constructed to include life-safety, structural, and mechanical
(heating/cooling) disciplines.
The adoption process has (3) separate times in a year in which a code may become law
through State statute, those are April, July and October. Not all codes are adopted in the
same year as the legislative/code change or amending of the particular code may in fact be
adopted by the state as much as a year later. There are other codes the building department
must enforce such as the Manufactured Dwelling Code, Americans with Disabilities Act and
others, all focused on providing safe structures in which our citizens work, live and play.
The current 1&2 Family Dwelling code is titled 1996 1&2 Family Dwelling Specialty Code and
has been in effect since April 1, 1996. This code is used to approve construction documents
through a plan review process, successful completion of plan review results in a building permit
issued. The inspection process follows the construction through to its completion resulting in a
final inspection allowing occupancy of the dwelling.
Due to the adoption of International Codes, this particular code has been held over for 1 year
as Oregon goes through the process of amending the model code as published by International
Congress of Building Officials (ICBO) to satisfy site specific issues within Oregon. The direct
benefit to the City of Woodburn will be the continuation of homes built to uniform standards,
thereby ensuring the safety of its citizens.
The direct cost to the City would be minimal in that the purchase of new code books with
amendments are required as the book are public record and are required to be made available
to the public. There are no new fees associated to building permits or inspections with this
adoption.
liE
COtmClL BILL NO. 2038
ORDINANCE NO.
AN ORDINANCE ADOPTING THE 1998 OREGON STRUCTURAL SPECIALTY
CODE; TIlE 1999 OREGON MECHANICAL SPECIALTY CODE~ THE 2000
OREGON 1 & 2 FAMILY DWELLING CODE; REPEALING CERTAIN SECTIONS OF
ORDINANCE NO. 2212 AND DECLARING AN EMERGENCY.
WHEREAS, it is in the interest of the city to adopt the most current versions of codes
which can be applied within the city boundaries; NOW THEREFORE.
TI:IE CITY OF WOODBURN ORDAINS AS FOLLOWS:
SECTION 1. The 1998 Oregon Structural Specialty Code, Volumes 1, 2, & 3, in its
entirety, is hereby adopted by the city, and by this reference is incorporated herein.
SECTION 2. The 1999 Oregon Mechanical Specialty Code is hereby adopted by the city,
and by this reference is incorporated herein.
SECTION 3. The 2000 Oregon 1 & 2 Family Dwelling Specialty Code is hereby
adopted by the city, and by reference is incorporated herein.
SECTION 4. A copy of each code is available for review at the city during regular
business hours.
SECTION 5. Sections 2 and 3 of Ordinance No. 2212 are hereby repealed.
SECTION 6. 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 upon passage by the Cou~roval by the Mayor,,~ /
Approved as to form..~ .~~ '
City Attorney Date
Approved:
Richard Jennings, Mayor
· Passed by the Council
Submitted to the Mayor
Page 1 - COUNCIL BILL NO.
ORDINANCE NO.
llF
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Council through City Administrate/
Public Works Program Manager
Award of Contract for Transit Bus Purchase
March 22, 2000
RECOMMENDATION:
Award contract for purchase of a transit bus to Western Bus Sales, Inc. for $137,822 since
their proposal represents the best value product for the city.
BACKGROUND:
The City of Woodburn requested proposals for an ADA compliant transit bus which were
received at 11:00 a.m. on March 1, 2000. The city received two proposals and the base
proposed price was:
Bidder Make-Model Amount
Schetky Northwest Sales
Western Bus Sales
Eldorado Escort RE
Blue Bird CSRE
$135,985
$137,822
The Blue Bird bus offered by Western Bus has several
Eldorado offered by Schetky that makes the additional
advantages are summarized below:
Blue Bird
Passengers
GVVV rating
Air Brakes
Federal Rating
.Delivery
distinct advantages over the
cost worthwhile. The major
.Eldorado
29 25
31,000 lbs. 22,500 lbs.
standard $2,650 extra
10 year 7 year
350,000 miles 200,000 miles
6 months 9 months
The amount for the selected proposal is approximately $3,000 more than budget but the
capital grant approved by council at the March 13th meeting was for approximately $10,000
more than the city had budgeted for so funds in the budget for the city match will cover the
cost that is in excess of the budgeted amount. This vehicle represents the "best value"
transit bus for the city.
14A
Community
Development
270 Montgomery Street
MEMORANDUM
Woodburn, Oregon 97071
(503) 982-524~
Date:
To:
March 23, 2000
Mayor & City Council thru City Administrator'~''''
From:
Planning Commission
Subject: SPR 99-28 Arby's Restaurant
At their regularly scheduled meeting of March 9, 1999 the Planning Commission
acknowledged the Planning Director's decision to approve the applicant's request.
II,
APPLICATION INFORMATION:
Applicant:
Merrick Lentz Architect
1800 - 136th Place NE, Suite 100
Bellevue, WA 98005
Property Owner:
Kenneth Bush
Moore Clear Company
535 3~ Avenue
Lake Oswego, OR 97034
Application Deemed Complete: February 7, 2000
120 Day Rule Deadline: June 6, 2000
Staff Report Available for Public Review: March 3, 2000
NATURE OF APPLICATION:
The applicant requests administrative site plan approval to construct a 3,200 square foot
fast food restaurant with drive thru window (Arby's) located on the north side of Arney Road
and the east side of the driveway entrance to Woodburn RV Park.
III. RELEVANT FACTS:
The applicant proposes to construct a 3,200 square foot fast food restaurant with a drive
thru window on a .87 acre site. The site is part of a larger 1.85 acre parcel. The applicant
intends to lease the site from the property owner. The applicant proposes to develop the
entire 1.85 acre parcel except for a pad area reserved for a future building to be developed
by others.
The site is generally located on the north side of Arney Road and the east side of the
driveway entrance to Woodburn RV Park. The subject parcel is specifically identified on
Marion County Tax Assessor Maps as T5S R2W 12B Tax Lot 601.
The property is zoned ID (Interchange District) and has a comprehensive plan designation
of Commercial. Adjacent property to the north is zoned ID and developed with Woodburn
RV Park. Property to the south is zoned ID and developed with Hawthorn Inn and Suites.
Property to the west and east is zoned ID and undeveloped.
The site is undeveloped and relatively level except for berms at the southwest corner and
along the east property line. The site has numerous existing trees along the street
frontage.
14A
!}
14A
3-5-c 14A
×J
14A
Community
Development
270 Montgomery Street
MEMORANDUM
Woodburn, Oregon 97071
(503,) 982-5246
14B
Date:
To:
From:
Subject:
March 23, 2000
Mayor & City Council thru City Administrator'~/~
Planning Commission ~L_~
SPR 00-01 Familian Storage Yard
At their regularly scheduled meeting of March 9, 1999 the Planning Commission
acknowledged the Planning Director's decision to approve the applicant's request.
II.
III.
APPLICATION INFORMATION:
Applicant:
J.C. Green & Associates, Inc
780 Commercial Street S.E. Suite 302
Salem, Oregon 97301
Property Owner:
Woodburn Partnership
2979 North Pacific Hwy
Woodburn, Oregon 97071
Application Deemed Complete: 2-24-00
120 Day Rule Deadline: 6-23-00
Staff Report Available for Public Review: 3-17-00
NATURE OF APPLICATION
The applicant requests administrative site plan approval to create an outdoor storage yard'
for plumbing supplies. The proposed site plan indicates that a sight-obscuring fence will
be placed around the storage area, and a landscaping strip will be placed along the
adjacent right-of-way. The site is located on the west side of the Pacific Hwy between
Patrick Way and Industrial Avenue at 2979 N. 99E.
RELEVANT FACTS:
The applicant proposes an outdoor storage area in front of the existing building, facing
the Pacific Hwy. The proposal indicates the area will be graded so drainage will flow in
14B
a northeasterly direction toward an existing catch basin. The graded surface will consist
of a fabric and be covered with gravel. A 26' wide landscape strip is proposed along the
right-of-way frontage with a variety of vegetation. A chain-link privacy fence with
evergreen-colored slats is proposed to extend east from the front building line to the
landscaping strip, and then along the west side of the strip to the existing access way.
The site is located at 2979 N. Pacific Hwy, on the west side of H.~/y 99E between Patrick
Way and Industrial Avenue. The subject parcel is identified on Marion County Tax
Assessor Maps as T5S RIW 05D Tax Lot 3600.
The property is zoned IS (Industrial Sales) District, and the outdoor storage of materials
associated with an existing land use is permitted. The site is designated on the
Comprehensive Land Use Plan Map as Industrial. Patrick Industries, Inc. is located on
the adjacent property to the north and is zoned IP (Industrial Park) District. AG West
Supply is located on the property to the south and is zoned IS District. The property to
the west of the subject site is vacant and is also zoned IS District. The property on the
opposite side of the Pacific Hwy is the McClaren Youth Facility in Marion County.
14B
14B
I::,~'III..IAN NOF~?F4LUEST
!
14B